Agreement to Accept and Comply with Certain Conditions of a CUP 82-302059O ego
RECORDING REQUESTED BY:
• CITY OF POWAY
When Recorded Mail to:
•
City Clerk
City of Poway
P. 0. Box 785
Poway, CA 92064
If 2-302059 1
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AGREEMENT TO ACCEPT AND COMPLY WITH
CERTAIN CONDITIONS OF A CONDITIONAL USE PERMIT
C.U.P. NO. 82 -04
This AGREE.`6ENT is made at Poway, California, by the undersigned in favor
of the City of Poway, a Municipal Corporation, to accept and comply with the
conditons of the above mentioned use permit and with the City of Poway Zoning
Code.
WITNESSETH,
WHEREAS, the undersigned has applied to said City for a conditional use':
permit on real property owned by the undersigned, located within the City of
Poway, as described in the legal description, marked Exhibit A, which is
attached hereto and made a part hereof, which use permit was approved by the `
Poway City Council by its adoption of Resolution No. P- 82 -31, and
NO FEE
WHEREAS, said approval of said use permit was subject to certain conditions,
one of which was the payment for the construction of Portland cement concrete
sidewalk across the Pomerado Road frontage of the real property described in
the above Exhibit A, and
WHERFAs, the undersigned wishes to defer the payment for construction of
said sidewalk until portions of Pomerado Rd. adjoining said property are
widened and improved, and
WHEREAS, City concurs in the deferral of said payment for sidewalk
improvements.
NOW, THEREFORE, in consideration of the premises and conditions herein
contained, the parties hereto agree as follows:
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PART I
The undersigned, as owners of said real property, agree as follows:
1. To pay for the cost of the installation of Portland cement concrete
sidewalk, five (5') feet in width, across the Pomerado Rd. frontage
of the real property described above, at such time as Pomerado Rd.,
between Poway Creek storm channel and Metate Lane, is widened to
full right -of -way width, as shown on the Circulation Element of the
City in effect at the time of said widening, by the construction of
widened pavement, curb, gutter, roadway fill, excavation, and
appurtenances, whether such widening is done by private or public
means or through assessment district proceedings.
2. To make such payment to the City of Poway for the sidewalk within
ninety (90) days after the mailing by certified mail to the under-
signed or to any successor in interest of the undersigned, of a
written statement from said City requiring the payment thereof.
3. That the undersigned are all of the parties having any interest in
the above described real property.
4. That the undersigned will pay to the City a sum equal to the reasonable
. value of any legal services rendered to it in any action upon this
agreement in which a judgement is entered in favor of said City, and
that such sum may be fixed by the Court in such action and added to
any such judgement.
PART II
It is mutually agreed by the parties hereto as follows:
1. The estimated cost for the said sidewalk, as of the date of this
Agreement, is $1225 (5' wide x 175' t frontage x $1.40 /s.f.). The
exact amount to be paid by the undersigned shall be determined at
the time the street is widened by multiplying the square footage of
sidewalk (875 ± s.f.) required across said frontage by the unit bid
price for sidwalk as bid in the street widening contract. If no unit
bid price for sidewalk is available at that time, the amount to be paid
shall be determined by the City Engineer of said City based upon concrete
sidewalk unit prices then in effect within the Poway area.
2. Notwithstanding the above, the payment to be made by the undersigned
shall not exceed $2450.
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3. That payment for the above sidewalk construction shall be-required
only when the west side of Pomerado Road, between Poway Creek storm
channel and Metate Lane, is widened to full right -of -way width, as
shown on the Circulation Element of said City in effect at the time
of said widening, by the construction of widened pavement, curb,
gutter, roadway fill, excavation, and appurtenances, whether by
private or public financing or through assessment district proceedings.
4. That should said widening of Pomerado Rd. between Poway Creek and
Metate Lane not occur within fifteen (15) years from the date cf this
Agreement, then all the obligations of the undersigned owners for .
payment for said sidewalk construction shall be considered null and
void and of no further force or effect.
5. This Agreement shall be binding upon the heirs, personal representa-
tives, successors, and assigns of the undersigned owners.
EXECUTED at Poway this 2nd day of September , 1982.
•
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(arw�71=ner ory
slie Turner �u c
(Signatures to be notarized and
acknowledgments attached)
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Acknowledgment — Attorney in Fact
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C- 1018.78
STATE OF CALIFORNIA
COUNTY OF San Diego J
On September 2. 1989 1atki,-_, before me, thp undersigned ,
a Notary Public in and for the said Count and St te, er on II a eared Holly Leslie
Turner proved to me on the b si� ;: �� ggy- evi- enanamei
gipt` o e e person whose name is subscribed to the
within instrument, as the Attorney -in -Fact of ary Turner ----- - - - - --
------- and acknowledged to me that he subscribed the name of
Gary W. Turner - - --- -- ------------------------------
- thereto as '
principal and h er own name as Attorney -in -Fact. 1 I
IN- WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal t day and year in this
c ific a first abevj rifle
Notary Public in and for said County and State
Notary Seal
l� '„ IIOfARY PCBIIC- C;;.i10. ^.i.S:
y �;N DIEGO COU,ITI' {{
Cy Comm. i�pites Apr. 21.1;33 y,
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GENERAL FORM
CALIFORNIA
STATEOF ......... ...............................
County of.... San..Diego ..................... as
On this...... 4.4 ......... day of.5gRt;'r1nb.iPr ............ A.D.. 19..U., before me......... ........................
e Notary Public in and for the said County and State, residing therein, duly commissioned and swom, personally appeared......
,,,,Holly „Leslie., Turner „proyed,to,me,o4.the „basis „of satisfactory. evidence „ - -- ..........
• to be the person...... whose name ...... Js. ....... .subscribed to the within Instrument, and duly
acknowledged to me t hat...... S..he.......... executed the same. r
Al ivlt0f5B ivlJfl'f0i, I have hereunto set my hand and affixed my official seal the day d year in this certificate first
above written.
'+5�d
CFFICtAL SELL
i ` • i4 L ECtf VARZ ....... — ....... ............
NOTARY PUBLIC- CAIIFORNIA� N ry Pub is in and for said County an t e.
SAN DIEGO COUNT( M. L. Schwarz
S My Comm. Dom Apr. 21, 1531 S”
CORPORATION FORM
STATEOF ......... ...............................
Countyof ............ ............................... ss
Onthis ....................day of .............................. A. D.. 19....... before me............................... ...............................
a Notary Public in and for the said County and State. residing therein, duly commissioned and swom, personally appeared.......
...................................... ............................... ..........................known to me to be the...... .......................President
and....... ............................... 1.................... ............................... known to me to be the .............................. Secretary
ofthe ................................................................................................................................ ...............................
the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same.
• Al Wilms WI)rt -Mf, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
.................................................. ...............................
Notary Public in and for said County and State.
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C- 1018.78
STATE OF CALIFORNIA
COUNTY OF San Diego J
On September 2. 1989 1atki,-_, before me, thp undersigned ,
a Notary Public in and for the said Count and St te, er on II a eared Holly Leslie
Turner proved to me on the b si� ;: �� ggy- evi- enanamei
gipt` o e e person whose name is subscribed to the
within instrument, as the Attorney -in -Fact of ary Turner ----- - - - - --
------- and acknowledged to me that he subscribed the name of
Gary W. Turner - - --- -- ------------------------------
- thereto as '
principal and h er own name as Attorney -in -Fact. 1 I
IN- WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal t day and year in this
c ific a first abevj rifle
Notary Public in and for said County and State
Notary Seal
l� '„ IIOfARY PCBIIC- C;;.i10. ^.i.S:
y �;N DIEGO COU,ITI' {{
Cy Comm. i�pites Apr. 21.1;33 y,
I
GENERAL FORM
CALIFORNIA
STATEOF ......... ...............................
County of.... San..Diego ..................... as
On this...... 4.4 ......... day of.5gRt;'r1nb.iPr ............ A.D.. 19..U., before me......... ........................
e Notary Public in and for the said County and State, residing therein, duly commissioned and swom, personally appeared......
,,,,Holly „Leslie., Turner „proyed,to,me,o4.the „basis „of satisfactory. evidence „ - -- ..........
• to be the person...... whose name ...... Js. ....... .subscribed to the within Instrument, and duly
acknowledged to me t hat...... S..he.......... executed the same. r
Al ivlt0f5B ivlJfl'f0i, I have hereunto set my hand and affixed my official seal the day d year in this certificate first
above written.
'+5�d
CFFICtAL SELL
i ` • i4 L ECtf VARZ ....... — ....... ............
NOTARY PUBLIC- CAIIFORNIA� N ry Pub is in and for said County an t e.
SAN DIEGO COUNT( M. L. Schwarz
S My Comm. Dom Apr. 21, 1531 S”
CORPORATION FORM
STATEOF ......... ...............................
Countyof ............ ............................... ss
Onthis ....................day of .............................. A. D.. 19....... before me............................... ...............................
a Notary Public in and for the said County and State. residing therein, duly commissioned and swom, personally appeared.......
...................................... ............................... ..........................known to me to be the...... .......................President
and....... ............................... 1.................... ............................... known to me to be the .............................. Secretary
ofthe ................................................................................................................................ ...............................
the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same.
• Al Wilms WI)rt -Mf, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
.................................................. ...............................
Notary Public in and for said County and State.
294
LEGAL DESCRIPTION
ORDER NO. 49313 -2
That portion of the West Half of the Northwest Quarter of Section 23,
Township 14 South, Range 2 West, San Bernardino Meridian, in the County
of San Diego, State of California, according to the Official Plat thereof,
described as follows:
Commencing at the intersection of the North line of said Section 23,
with the center line of San Diego County Highway Commission Mission Road
I -A, as shown on Sheets 14 and 15 of the Map thereof on file, in the
Office of the Surveyor of San Diego County; thence along said center
line South 00 °43'00" West, 146.56 feet, (Record 146.70 Feet), to the
Southeasterly corner of land conveyed to the County of San Diego by Deed
dated October 14, 1913 and recorded in Book 500, page 231 of Deeds;
thence continuing South 00 °43'00" West, along said center line of Mission
• Road I -A and being also along the Easterly line of that certain parcel
of land described in an easement Deed to the County of San Diego, dated
May 2, 1955 and recorded in Book 5644, page 233 of Official Records, a
distance of 285.00 feet to the Northeasterly.corner of that certain 1.18
acre parcel of land delineated and shown on Record of Survey Map No.
3621, filed in the Office of the County Recorder of San Diego County,
said corner being the TRUE POINT OF BEGINNING; thence along the boundary
line of said Parcel as follows:
Continuing South 00 043'00" West, along said center line 57.17 feet to a
tangent 700.00 foot radius curve, concave Northwesterly; thence Southerly
along said curve 126.65 feet; thence leaving said curve North 78 055100"
West, 30.00 feet; thence North 86 026'00" West, 277.36 feet; thence North
15 °05'40" East, 173.00 feet and South 88 °31'40" East, 275.03 feet to the
TRUE POINT OF BEGINNING.
Exhibit "A" to:
Agreement to Accept and Comply with Certain Conditions
of a Conditional Use Permit (CUP 82 -04) Turner
APN # 317 - 200 -08
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