1998-755343
r. . DOC "1998-0755343
9'Sß
.
NOV 20, 1998 8:37 AM
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IfFICIA!. REcœDS
RECORDING REQUESTED BY S{t¡ DIEOO C!J.JHTV RECŒDER'S IfFICE
- When recorded mail to: ) GIIGœv J. SMITH, COlMY RECŒDER
) FEES: 41.00
City of Encinitas ) 1111/1111111111111111111111111111111111111 I11II 11/11 11//1 1/111 1111111'
Engineering Department )
505 S. Vulcan Avenue )
Encinitas, CA 92024 ) 1998-0755343
~ SPACE ABOVE FOR RECORDER'S USE
\~ COVENANT REGARDING REAL PROPERTY:
AGREEMENT TO IMPROVE MAJOR SUBDIVISION
AS CONDITION OF APPROVAL OF SUBSTITUTION OF PARTIES
Assessor's Parcel Log No.: 5197FM
No. 264-102-01 Project No.: TM q2-1 08
W.O. No.:Fee
A. STONEFIELD WILDFLOWER &, LLC, A California Limited
Liability Canpany
("OWNER" hereinafter) is the current owner of real property described in Exhibit "A"
which is attached hereto and incorporated herein by this referenca as though fully set
forth at length and which is commonly known as 92-108'lM
("PROPERTY" hereinafter). In consideration of the approval by the City of Encinitas
("CITY" hereinafter) of the substitution of OWNER for the prior owner
Minks et a1 ("ORIGINAL SUBDIVIDER" hereinafter), as party to the
Agreement to Improve Major Subdivision 92-108'lM ("AGREEMENT" hereinafter),
attached hereto as Exhibit "B" and incorporated herein by this reference as though fully
set. forth at length, OWNER covenants and agrees for the benefit of CITY to do the
following:
1. Assume the responsibility and liability for the performance of all acts and
the construction of all improvements reqúired of ORIGINAL SUBDIVIDER by
l bp5934 (8117/98)
. 9'59 .
.
AGREEMENT, including the liability for work actually performed to date by
ORIGINAL SUBDIVIDER.
2. Abide by all applicable regulations of the Encinitas Municipal Code.
B. This Covenant shall run with the land and be binding upon and inure to
the benefit of the future owners, encumbrances, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
C. OWNER agrees that OWNER's duties and obligations under this
Covenant are a lien upon the Property. Upon notice and opportunity to respond, the
CITY may add to the tax bill of OWNER any past due financial obligation owing to CITY
by way of this Covenant
D. If either party is required to incur costs to enforce the provisions of this
covenant, the prevailing party shall be entitled to full reimbursement of all costs,
including reasonable attomeys' fees, from the other party. The CITY may assign to a
person impacted by the performance of this Covenant the right to enforce this
Covenant against OWNER.
E. Upon the satisfactory completion of the obligations imposed upon
OWNER by this Covenant, OWNER may apply for, and upon application of OWNER
CITY shall then duly execute and acknowledge, in recordable form, and deliver to
OWNER a satisfaction of Covenant and release, and shall retum duly endorsed to
OWNER the security provided for herein. At the option of CITY, a partial satisfaction of
bp5934 (8/17/98)
. 960 .
Covenant can be executed and delivered to OWNER along with a partial release of the
security of sufficient value to secure 100% of the cost of the obligations remaining to be
performed by OWNER. ~,~~~
9-1-1998
DATED
Managing Member
Robert C. Pack, President
DATED OWNER
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
STATE OF CALIFORNIA)
)55
COUNTY OF SAN DIEGO)
On , 199_, before me, the undersigned, a Notary Public.
in and for said State, personally appeared ,
known to me or proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledge that he or she
executed the same.
WITNESS my hand and official seal.
Notary Public in and for said County
and State
CITY OF ENCINITAS
Dated: by
Alan D. Archibald, P.E.
Director of Engineering Services
(Notarization not required)
bp5934 (8117/98)
. 961.
California All-Purpose Acknowledgment
State of California
County of Orange
On l., S-e ~""W1b¿ v~ Iqq7f, before me, Karen T. Newby, Notary Public, personally appeared
0 beY" C. "- CO- \<- ,( ) personally
known to me - OR - ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity/ies,
and that by his/her/their signature(s) on the instrument the person(s), of the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
- - - - ~;~t - f
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-- ~ 1 NoIIIy N:IIc: . CaØfanIa s
, ~,,"~ OIaV8Caun1Y -
, . Corrm. .M1 12.2002
(signature of notary) - - - ::'- - - ~ - - - i
. 9ß2 .
EXHIBIT A TO
COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION OF FINAL APPROVAL
OF SUBSTITUTION OF PARTIES
PROJECT NO. _TM92-108
PROPERTY DESCRIPTON
LOTS 1 THROUGH 8 MAP NO. 13584, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEG:), ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY
RECORDER ON JUNE 12, 1998.
EXHIBIT B TO 963
C8NANT REGARDING REAL PROPEl:
IMPROVEME REQUIRED AS CONDITION OF FI APPROVAL
OF SUBSTITUTION OF PARTIES
PROJECT NO._TM 92 -108
CONDITIONS OF APPROVAL 92-108TM
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A
SUBDIVISION MAP IS APPROVED BY THE PLANNING COMMISSION AND FILED
WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY.
THE SUBDIVISION MAP SHALL SHOW AN ACCURAT~ AND DETAILED VICINITY
MAP, INCLUDING DISTANCES.
1. GENERAL CONDITIONS
A. This approval will expire on July 22, 1994, at 5:00 p.m.
unless the conditions have been met or an extension has
been approved by the Authorized Agency.
B. Nothing in this permit shall relieve the applicant from
complying with the conditions and. regulations generally
imposed llpon activities similar j,.n p.a~ure.to the activity
authorized by this permit; ~. :~ .-
C. Approval of this request Sh!'lll not w<i.;j..ve ç:oml?+i~nce wj,th
any sections of the Zoning Code and all.-o1;:her. a,pplic;l.ble
City Ordinances in effect at theti,meof: )~J.ÙldingPermit
issuance unless waived herein. .
D The Mitigation Monitoring årìd Reporting Program (MMRP) is
approved herein and is inclùded and attached as part of
the Negative Declaration. A covenant shall be recorded
agreeing to submit funds to accomplish the Mitigation
Monitoring and Reporting Program prior to issuance of any
permits for the project. The amount necessary will be
determined by the Directors of the Public Works and
community Development Departments prior to issuance of
said permits.
E. Permits from other agencies will be required as follows:
i. Cardiff sanitation District
1.1.. olivenhain Municipal Water District
1.1.1.. County Health Department
f. This project has been identified as having a potential
impact öri fisb and/or wl1åli~e; therefore, pursu8:J'lt to
section 711.4 of the State Fish and Game Code, the
applicant must submit to the City of Encinitas a
negotiable check in the amount of $1275.00 if this
project includes a negative declaration or a negotiable
check in the amount of $875.00 if this project includes
an Environmental Impact Report. The purpose of the above
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. 964 .
state established fee is to defray the cost of managing
and protecting fish and wildlife resources which may be
impacted by development. The check made payable to the
County Clerk of San Diego County must be submitted prior
to the end of the 4th day after the end of the 15 day
appeal period if not appealed or, if the City Council
approved the project, at the end of the 4th day following
the City council action. Failure to submit a negotiable'
check will cause the project approval to become null and
void since the environmental notice of determination can
not be filed without payment of the above fee or
authorized notice of exemption as provided in section
711. 4. NO BUILDING PERMITS OR OTHER ENTITLEMENTS WILL BE
PROcESSED UNTIL THIS CONDITION IS SATISFIED.
APPLICANT SHALL CONTACT THE DEPARTMENT OF COKKUNITY
DEVELOPMENT REGARDrNG COMPLIANCE WrTH THE FOLLOWrNG
CONDrTrONS:
2. SITE DEVELOPMENT
A. For new residential dwelling unit(s) , the applicant shall
pay development fees at the establj,shedr¡lte... Such fees
may include, but not be limited .to: . Pe~it and Plan
Checking Fees, School Fees, Water a¡-¡d. Sewer Service. Fees,
Traffic Fees, Drainage Fees, and .park .Fees, Arrangements
to pay these fees shall be made:
a. Prior to recordation of the final map: or
b. Prior to issuance of. a building permit:
as determined applicable by the community Development
Department.
B. Street names shall be approved by the City prior to the
recordation of the final map, and street addresses shall
be provided prior to the issuance of building permits.
C. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties other than as shown on the Tentative
Map.
D. A plan shall be submitted for approval by the Director of
community Development and the Encinitas Fire protection
District regarding the treatment of the site during the
construction phase, and the circulation and parking of
construction workers' vehicles and any heavy equipment
needed for the construction of the project.
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. . 965
E. The final grading for all lots shall be in substantial
conformance to the conceptual grading in order to ensur~
minimal grading of the lots and carry out the intent to
minimize the impact of development of the lots on the
site. Any change to the grading which would not result
in a substantial conformance finding by the community
Development Director shall require design review pursuant
to Chapter 23.08 of the Municipal Code. The homes and
landscaping for the project shall also be subject to the
requirements of Chapter 23.08.
F. A biological open space easement shall be required on
portions of lots 4, 5, 6, and 7 as shown in the negative
declaration and on the map dated June 8, 1992, and
received by the City of Encinitas on June 16, 1992,
showing the designated open space and proposed grading,
for the purpose of retaining the existing natural
topography and the existing mature vegetation. The open
space shall be restricted in use so as to prohibit any
grading or padding that would alter the natural landform,
grazing of large animals, and placement or construction
of any structures on said open space,.otherthan fencing
along development boundary lines and ,;LntEi!:J:'ior roads. oJ; .
separating the usable lot area f:J:'ol1l.'I:11~ open space and
excepting the sewer, .water and otiier"uti;J..ity easelllents.
Clearing as required by Fire Preventiop ,"hall be. allowlad;
however, a map showing the area. to be.clearecl shall be
reviewed and approved prior to commencement of the
clearing by the Director of community Development, the
biologist on record in the Negative Declaration, and the
Fire Marshal. A covenant$hal;J.. be recorded in the office
of the county ':Recorder agreeing to ~ cöñd1tîon.
~. An geotechnical recommendations for site development
contained in the Report of Geotechnical Investigation by
Southern California Soil and Testing, Inc. (Report No.
8921094) shall be met to the satisfaction of the city
Engineer.
H. ,A covenant shall be recorded on each lot that has an open
space easement crossing it agreeing to maintain the
native vegetation as setforth in the Negative Declaration
on file in the office of community Development.
3. SIGNS
A. Any signs proposed for this development' shall be
designed and approved in conformance with the Sign
Ordinance.
B. A comprehensive Sign Program for this development to
include temporary subdivision advertising signs and any
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. 966 .
model home and information signing shall be submitted to
the Community Development Departmen\: or Community
Advisory Board for their review and approval prior to
issuance of building permits.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION
DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DEPARTMENT
APPROVAL.
4. FIRE
A. The unobstructed paved width of a fire access roadway
shall be not less than 24 feet. EXCEPTION: A fire access
roadway providing access to only one single family dwelling
shall be not less than 16 feet in paved width.
B. Turnarounds: All dead-end fire access roads in excess of
150 feet in length shall be provided with a cul-de-sac or
equivalent turning area satisfactory to the Fire Chief. The
minimum radius of a cul-de-sac shall not b.e, less .than 40 feet.
C. Prior to delivery of combu.stiblebllilding.materials on
site, water and sewer systems shall satisfactorily pass all
required tests and be connected to.' the pu1)licwater and seweJ;'
systems. In addition, the first lift of asphalt paving shall
be in place to provide adequate, peJ:'manent access for
emergency vehicles. Said access shall be maintained to the
satisfaction of the Fire District.
D. All designated emergency access roads shall be posted
pursuant to Fire District Standards.
E. All two-way traffic aisles shall be a minimum of 24 feet
wide and emergency access shall be provided, maintained free
and clear a minimum of 24 feet wide at all times during
construction in accordance with Fire District requirements.
F., Submit a letter from the Fire District stating
satisfaction with the type and location of fire hydrants and
the minimum water flow in gallons per minute together with a
letter to the appropriate agency certifying that the fire
department's minimum required water flow is available to serve
the project. ~Provisions shall be made to ens:u..re a maximum
water pressure at the hydrant of 250 psi. The installation of
a pressure reducing station may be required. Fire hydrants
shall be of a bronze type and shall be identified by
'installing a "blue" reflective dot on the street surface
pursuant to Fire District Standards. On site fire hydrants
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. 96,8
shall be installed pursuant to the location shown on the
improvement plans to the satisfaction of the Fire Marshal.
G. Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off a
roadway on long driveways, a monument shall be placed at the
entrance where the driveway intersects the main roadway.
Permanent address numbers shall be displayed on this monument.
H. structures shall be protected by automatic fire sprinkler
systems in accordance with city of Encinitas and Encinitas
Fire District codes. Sprinkler systems shall be installed in
conformance with the city of Encinitas standards.
¡. Prior to final recordation, the applicant shall submit a
letter from the Fire District stating that all development
impact, plan check and/or cost recovery fees have been paid or
secured to the satisfaction of the District.
APPLICANT SHALL CONTACT THE CITY ENGINEER REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS: . .
5. GRADING
A. No grading permits shall b~ .issued for this subdivision
prior to recordation of the finalmapo.
it. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
è. No grading shall occur outside the limits of the
subdivision unless a letter of permission is obtained
from the owners of the affected properties.
D. A separate grading plan shall be submitted and approved
and a separate grading permit issued for the borrow or
disposal site if located within the city limits.
E. All newly created slopes within this project shall be no
steeper than 2:1.
F. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the State
of California to perform such work prior to building
permit issuance or at first submittal of a grading plan.
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. 96.
6. DRAINAGE AND FLOOD CONTROL
A. A drainage system capable of handling and disposing of
all surface water originating within the subdivision, and
all surface waters that may flow onto the subdivision
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the City Engineer to properly handle the
drainage.
B. concentrated flows across driveways and/or sidewalks
shall not be permitted.
7. STREETS AND SIDEWALKS
A. A registered Civil Engineer or a licensed land surveyor
shall provide a signed statement that:
"The existing private roads of access to the project are
within the easements for the- benefit of the land
division."
B. Reciprocal access and maintenance. a 1d/9r aqree!l\~ts Sl1al;L
be provided ensuring access. to ë!;J.l parcel~ overprivai:;e
roads, drives or parking areas an,dmaiJ;ltenance thereòf to
the satisfaction of the City Engineer.. .'
C. The developer shall obtain the city Enginee;r'sapproval
of the project improvement plans and. enter into a secured
agreement with the city for completion of said
improvements prior to issuance of any building permit
within this project. The improvements shall be
constructed prior to occupancy of any building on any
unit within the ~roject. The improvements are:
1) The off-site irrevocable offers of dedication
(IOD) , as shown on Map No. 12882, for Lilac Summit
from Wildflower Drive to Jasmine Crest, and for
Jasmine Crest, from Lilac summit to the terminus of
the cul-de-sac, shall not require any further
improvements if accepted into the public road
system as a result of this map.
2) That portion of Jasmine Crest from the cul-de-sac
terminus as shown on Map No. 12882 to the western
project boundary of 92~108TM, will be required to
be improved or agreed to be improved with
appropriate security, to private road standards
(24' paved), with public road pavement thickness.
This improvement will satisfy the City's
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. 9698
requirements for acceptance of the existing IOD, if
requested by this map.
3) Jasmine Crest, on-site, shall be improved to
private road standards (24' paved with rolled
curbs/ 50' right-of-way). A 50' IOD shall be
required at this time on the final map and accepted
by the city for on-site Jasmine Crest only if off-
site Jasmine Crest and that portion of off-site
Lilac summit are requested for acceptance.
D. The design of all private streets and drainage systems
shall be approved by the city Engineer prior to APPROVAL
OF THE FINAL MAP for this proj ect. The structural
section of all private streets shall conform to city of
Encinitas standards based on R-value tests. The standard
improvement plan check deposit is required.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REG~ING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
8. UTILITIES
A. The developer shall comply with. all tl.1e rules,
regulations and design requirements:. .of ... the respective
utility agencies regarding services to thep;r'pjeot.
B. The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, Cable TV authorities and
all other affected utilities.
C. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
D. The property shall be anne~ed to the Cardiff sanitation
District. The sewer for the project shall be constructed
to the Eastern property boundary to the satisfaction of
the City Engineer and Cardiff Sanitation District
standards.
9. PUBLIC WORKS ADDITIONAL CONDITION
This project will be approved specifically as 1 (single)
phase.
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