Item 7 - Rehearing of Underground Waiver (UW) 05-01; Mohammadi
Limited Distribution: June 7,
AGENDA REPORT SUMMARY
.0: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: Niall Fritz, Director of Development services/?'
DATE: June 7,2005
SUBJECT: Rehearing of Underground Waiver (UW) 05-01, Medi Mohammadi, Applicant.
APN: 272-761-17.
ABSTRACT
On April 12, 2005, the City Council approved Underground Waiver 05-01. On May 24, 2005, the City
Council approved the applicant's request to rehear the item. The applicant's request, along with new
and supporting evidence for City Council consideration, is provided in correspondence included as
Attachment C.
ENVIRONMENTAL REVIEW
_ This item is not subject to the California Environmental Quality Act (CEQA).
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A Courtesy Notice was mailed to the property owner, adjacent property owners, the Highlands Ranch
HOA, and Green Valley Civic Association.
RECOMMENDATION
It is recommended that the City Council consider the new information regarding visual impacts to
other neighboring properties and increased grading and habitat removal needed because ofthe steep
and rocky terrain, and revise the prior approval of Underground Waiver 05-01 to allow the existing
pole to remain with the addition of a tree(s) on the neighboring property to reduce visual impacts, per
the recommended resolution.
ACTION
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June 7, 2005 Item # 7
CITY OF POWAY
AGENDA REPORT
DATE:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~
Niall Fritz, Director of Development Services ;r
Patti Brindle, City Planner ~
June 7, 2005
TO:
FROM:
INITIATED BY:
SUBJECT:
Rehearing of Underground Waiver (UW) 05-01, Medi Mohammadi,
Applicant. A request to waive the underground requirement for lot 17,
a vacant parcel within the Highlands Ranch community located on the
north side of Highlands Ranch Road, within the Rural Residential C
(RR-C) zone.
APN: 272-761-17
BACKGROUND
This is a rehearing of a request to waive the underground requirement for Lot 17 within the
Highlands Ranch subdivision. On April 12, 2005, the City Council approved, with
conditions, Underground Waiver 05-01. The City Council action of April 12, 2005 required
the existing pole on Lot 17 be lowered in height or moved in a northerly direction up to 100
feet from its current location to reduce the visual affect on Lot 16. The approved
Resolution is contained in Attachment B. A copy of the Minutes from that meeting is
contained in Attachment C.
Chapter 2.21 of the poway Municipal Code provides for the rehearing of City Council
actions upon the submittal of a request with new and/or additional information to support
the request. At its May 24, 2005 meeting the City Council voted to rehear this matter
based on information presented by the applicant. At that meeting the applicant indicated
that moving the pole would result in visual impacts to other property owners. The other
supporting information provided by the applicant is contained in Attachment D.
FINDINGS
At the May 24, 2005 City Council meeting, the applicant indicated that he believed that
moving the pole per City Council action would visually impact another lot in the Highlands
Ranch subdivision. SDG&E has advised staff that lowering height of the pole is not an
option.
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June 7, 2005 Item # 7
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Agenda Report
June 7,2005
Page 2
Attached are photographs of the views from Lots 16, 15 and 14 with the pole relocation
simulated on each (Attachments E, F, G and H). The applicant has not yet applied to
SDG&E to have the pole relocation designed, so the precise location of the pole is not
known at this time. However, it appears that while the prominence ofthe pole from Lot 16
would be reduced, its prominence would be increased when viewed from Lots 15 and 14.
The cost information presented by the applicant is not definitive because the project has
not yet been designed. However, based upon recent field discussions with SDG&E, it
seems that the difficulty and costs to move the pole down slope just enough to remove it
from the neighboring property's primary views will be higher than previously thought. While
actual costs cannot be determined until a road and trench have been designed and field-
testing for underground rock has been conducted, a minimum cost estimate would be
$50,000 to $60,000. If extensive rock is discovered, costs will increase. A major change in
SDG&E standards since the pole was originally placed in the 1980s is that they now
require full-time access to power poles instead of just temporary construction access.
Increased grading to cope with field conditions and current SDG&E standards will also
result in increased habitat removal.
An alternative to relocating the pole to lessen or obstruct the view of the pole from the
adjacent Lot 16 would be to add one or more trees between the properties. There
presently is a row of trees on Lot 16 along the common lot line. Extending the row with one
or two trees (depending on size and type) would block one of the neighbor's views of the
pole.
ENVIRONMENTAL REVIEW
This item is not subject to the California Environmental Quality Act (CEQA).
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A Courtesy Notice was mailed to the property owner, adjacent property owners, the
Highlands Ranch HOA, and Green Valley Civic Association.
RECOMMENDATION
It is recommended that the City Council consider the new information regarding visual
impacts to other neighboring properties and increased grading and habitat removal needed
because of the steep and rocky terrain, and revise the prior approval of Underground
Waiver 05-01 to allow the existing pole to remain with the addition of a tree(s) on the
neighboring property to reduce visual impacts, per the recommended resolution.
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June 7, 2005 Item # 7
Agenda Report
June 7,2005
Page 3
Attachments:
A. Resolution of Approval
B. Resolution No. P-05-26
C. Minutes from April 12, 2005 City Council Meeting
D. Applicant's Request for Rehearing
E. through H. Photos
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June 7, 2005 Item # 7
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING UNDERGROUND WAIVER 05-01
AND RESCINDING RESOLUTION NO. P-05-26
ASSESSOR'S PARCEL NUMBER 272-761-17
WHEREAS, Underground Waiver (UW) 05-01 was submitted by Medi
Mohammadi, Applicant, to request that the City Council waive the requirement to
underground 280 linear feet of overhead utility lines and a pole along the northeastern
corner of the property located on the north side of Highlands Ranch Road, within the
Rural Residential C (RR-C) zone, and identified as Lot 17 of Highlands Ranch Estates,
TTM 88-01; and
WHEREAS, the undergrounding operation would lead to destruction of
approximately 0.20-acres of Coast Live Oak Woodland and Diegan Coastal Sage Scrub
vegetation which is located within an Open Space Easement and adjacent to the San
Dieguito River Park open space; and
WHEREAS, a deed covenant is required which precludes opposition to a future
undergrounding district should one be formed and would require the applicant or future
property owner to pay a pro rata share toward the undergrounding costs; and
WHEREAS, on April 12, 2005, the City Council approved UW 05-01 subject to
conditions pursuant to Resolution No. P-05-26; and
WHEREAS, on May 9. 2005 the applicant submitted a request for a rehearing of
UW 05-01; and
WHEREAS, on May 24, 2005 the City Council considered the information
presented and voted to rehear UW 05-01; and
WHEREAS, on June 7, 2005 the City Council reheard UW 05-01; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the Califomia Environmental Quality Act (CEOA) pursuant to Section
15301 of the CEQA Guidelines, in that the subject utility lines and pole are existing.
Section 2: The findings, in accordance with City Council Resolution No. 91-003, are
made as follows:
A. Undergrounding the service would not result in removal of the pole, but only its
relocation. Relocating the subject pole and placing the service underground would
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ATTACHMENT A
June 7, 2005 Item #7
Resolution No. p.
Page 2
substantially impact environmental resources associated with the construction and
installation of underground service in that undergrounding the line will require undesirable
grading and habitat removal within the open space easement to provide an access road
for SDG&E and create visual impacts to other neighboring properties due to the
increased grading and habitat removal because of the steep and rocky terrain.
Section 3: The City Council hereby approves a partial underground waiver subject to the
following conditions:
A. The waiver does not apply to the service to any structures on Lot 17 and all utility
lines between any structure and the nearest pole must be placed underground.
B. All new service required shall be placed underground.
C. The property owner shall record a deed covenant agreeing not to oppose an
undergrounding district and to pay a pro rata share of future undergrounding costs.
D. The applicant shall extend the existing tree row on Lot 16 with a tree or trees of
sufficient size to screen the pole from Lot 16, to the satisfaction of the Director of
Development Services.
Section 4: Resolution No. P-05-26 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 7th day of June 2005.
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
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June 7, 2005 Item #7
Resolution No. P-
Page 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. p. duly adopted by the
City Council at a meeting of said City Council held on the 7th day of June 2005, and that
it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
L. Diane Shea, City Clerk
City of Poway
m:\planningI05reportluwI05-01Iot l7lrehearing requestlres.doc
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June 7, 2005 Item # 7
RESOLUTION NO. P-05-26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POW A Y, CALIFORNIA
APPROVING UNDERGROUND WAIVER 05-01
ASSESSOR'S PARCEL NUMBER 272-761-17
WHEREAS, Underground Waiver (UW) 05-01 was submitted by Medi
Mohammadi, Applicant, to request that the City Council waive the requirement to
underground 280 linear feet of overhead utility lines and a pole along the northeastern
comer of the property located on the north side of Highlands Ranch Road, within the
Rural Residential C (RR-C) zone, and identified as Lot 17 of Highlands Ranch Estates,
TIM 88-01; and
WHEREAS, the undergrounding operation would lead to destruction of
approximately 0.20-acresof Coast Live Oak Woodland and Diegan Coastal Sage Scrub
vegetation' which is located within an Open Space Easement and adjacent to the San
Dieguito River Park open space; and
WHEREAS, the likelihood that an undergrounding district will be formed which will
affect these overhead lines in the future; and
WHEREAS, a deed covenant is required which precludes opposition to a future
undergrounding district should one be formed and would require the applicant or future
property owner to pay pro rata share toward the undergrounding costs; and
WHEREAS, on April 12, 2005, the City Council reviewed the request.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEOA) pursuant to Section
15301 of the CEOA Guidelines, in that the subject utility lines and pole are existing.
Section 2: The findings, in accordance with City Council Resolution No. 91-003, an
underground waiver may be granted should the underground serviee substantially impact
environmental resources associated with the construction and installation of underground
service. The City Council hereby finds that relocating the pole and placing a portion of
the overhead transmission line underground will not cause a substantial impact on the
environment.
Section 3: The City Council hereby approves a partial underground waiver subject to the
following conditions:
1. The pole shall be reduced in height and/or relocated up to 100 feet from its current
location as needed td reduce the visual affect upon Lot 16 (APN 272-761-16) and
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ATTACHMENT B
June 7, 2005 Item # 7
Resoluti9n No. P-05-26
Page 2
that utilities be extended underground from their present location to the new
location of the pole to the satisfaction of the Director of Development Services.
2. Compliance with the aforementioned pole modification/relocation, the City Council
determines that all undergrounding utility requirements of TIM 88-01 pursuant to
Condition K.1. contained in Resolution Nos. P 83-52 and P 86-05 have been
satisfied.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 12th day of April 2005.
ATTEST:
~.~L-
Liane Shea, City Clerk
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, L Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-05-26 duly adopted by the City
Council 'at a meeting of said City Council held on the 12th day of April 2005, and that it
was so adopted by the following vote:
AYES: BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: EMERY
DISQUALIFIED: NONE
Xb,~
City of POwaY
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June 7, 2005 Item # 7
Page 5- CITY OF POWAY -April 12, 2005
i ITEM 3.1 (0910-10)
~ UNDERGROUND WAIVER (UW) 05-01
HIGHLANDS RANCH ROAD-LOT 17
APN 272-761-17
MEDI MOHAMMADI, APPLICANT
*
City Manager Bowersox presented the staff report and Director of Development Services
Fritz provided further explanation along with a PowerPoint presentation. The applicant is
requesting that the City Council grant a waiver of the existing overhead utility lines and a
utility pole on Lot 17, a vacant parcel within the Highlands Ranch Community. The 4.54-
acre parcel has been approved for a single-family residence (MDRA 04-113) and is located
on the north side of Highlands Ranch Road within the Rural Residential C (RR-C) zone.
Nate Derby, 13426 Highlands Ranch Road, opposed the waiver because of the negative
impact to his property.
Bruce Tarzy, 15912 Ranch Hallow Road, Poway, and representing the Green Valley Civic
Association, opposed the request and suggested the pole be moved out of sight.
Motion by Councilmember Higginson, and seconded by Councilmember Boyack, to adopt
Planning Resolution P-05-26, as amended, entitled "A Resolution ofthe City Council ofthe
City of Poway, California Approving Underground Waiver 05-01, Assessor's Parcel Number
272-761-17." Motion passed 4-0 with Deputy Mayor Emery absent.
CITY MANAGER
11. Mr. Bowersox announced the birth of Deputy Mayor Emery's grandson, Nyack, born
on April 7th weighing 8 pounds. Congratulations extended to Mr. Emery and family.
CITY ATTORNEY ITEMS
12. City Attorney Smith requested Closed Session for the following:
Closed Sessions:
A. Conference with Legal Counsel - Existing Litigation
Government Code 54956.9a
Northpoint Development, Inc. v. City of Poway
San Diego Superior Court Case No. GIC 829627
B. Conference with Legal Counsel - Anticipated Litigation
Government Code Section 54956
MAYOR AND CITY COUNCIL-INITIATED ITEMS
13. Courlcilmember Boyack reported on activities with Sewer Metro Commission and
membership on the Finance Committee and Community Relations Committee.
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ATTACHMENT C
8357
June 7, 2005 Item # 7
""./
FAX t>O. : 8B37494715
r
NJaIl Fritz
Director of Development Service
Cityof'poway
Re; Tho City Council rebc:ari1Is, lot 17
HlgItlands Ranch
Deir Mr. Fritz
r
.
1, hereby request reheaJlns the lot 17 utility pole case fur the fullowing ncm flnlHnglo;
1- According to theSDG&B iaYestigationa,
. .Lowering the pole is not an option,
. IteIocatIn8 the pole is vesy oxpeosi:w CODSideriDg the SOO&B fees ($15000),
AI1g;r..........ibg ($2000), trenching and 8Cf;elI8 up to l00ft.($60000 to $800(0).
The total <:oat can reach easily up to $100,000.00 and that is only ifwe 18""-
that thCrc woo't be any rock, needed to be blasted.
2. Due to the deep slop of the natural area,.ecc:ess to the pole area is wry diftiCll,Jlt.
3- TllWIChins and access will Jead to some destruction of Coast Uve Oak. WoodIaI'Id and
nup. COll8t8l Sase Scrub.
. .
.
4- ComparIns the tota1 c:oIIt ofbotb S wJue as wdI as its destruction ontht natural
aivironmcot, with the benefit ofrelocating the pole JJIlIb this proo.:..a iufeaaible and
avoidable. .
S- I wfB not be able to atfoni bnilmrlg our house on lot 17lfI have to pay fOr the cost of
~ the pole. We paid the full price fur this property based on tho iuftlrmation aDd
asauraaco we obtained &om thtCity ofPoway and the landowner. In ~i6N> to aIreacly
es1b..a'ed hlsh cost of the relocatiDg proc:esa there are maay UJK.'e(1ldn __ soch as
roc:b. that can be very COlItI,y and time CC>II8UJJlinB. Tbero is no Joaical reason(s) to SO
tbroush aU oftlila cost just to re1oc:ate tho pole that bas been there fur years even befOre.
my neighbor pwclwed his property aeveml years 8&0.
Th. two opIioQa ofwheth<< Jo-mg or- relocating the polo weco not on the ~ of the
City Council meeting on April 12, 2005 and io 1 tlouId not ~ my posiIion due 10 my
ab~. I appnlCiItc if you reopen the case and ieI: me Ia10w irl advance that I could
aiTange my tnivelinS schedule.
~~
r Ps: Tho rehearing roe. SI00.00, is euclosed.
110f15
ATTACHMENT D
June 7, 2005 Item # 7
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June 7, 2005 Item # 7
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ATTACHMENT G
June 7, 2005 Item # 7
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June 7, 2005 ~ Item # 7
CITY OF POWAY
AGENDA REPORT
ADDITIONAL MATERIAL
FROM:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~
Niall Fritz, Director of Development Services
Patti Brindle, City Planner fUr
June 7, 2005
TO:
INITIATED BY:
DATE:
SUBJECT:
Rehearing of Underground Waiver (UW) 05-01, Medi Mohammadi,
Applicant. A request to waive the underground requirementfor lot 17,
a vacant parcel within the Highlands Ranch community located on the
north side of Highlands Ranch Road, within the Rural Residential C
(RR-C) zone.
APN: 272-761-17
The attached Agenda Reports were presented to the City Council on April 12, 2005 and
May 24, 2005, respectively. These reports provide background for tonight's Agenda
Report.
RECOMMENDATION
It is recommended that the City Council consider the new information regarding visual
impacts to other neighboring properties and increased grading and habitat removal needed
because of the steep and rocky terrain, and revise the prior approval of Underground
Waiver 05-01 to allow the existing pole to remain with the addition of a tree(s) on the
neighboring property to reduce visual impacts, per the recommended resolution.
Attachments:
A. Agenda Report dated April 12, 2005, including Additional Material
B. Agenda Report dated May 24, 2005
M:\planning\05reportluwI05-01 Lot l7lrehearing requestlagnjune7-addtl.doc
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June 7,2005 Item # 7
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CIVIL ENGINEERING DESIGN GROUP
CIVIL 8. STRUCTURAL ENGINEERS
1057 SYCAMORE AVENUE
VISTA. CA 9208 1
WWW.CDGENGINEERING.COM
D 17601 5998585
11176015998901
June 6, 2005
Ci "I brt i)
Mr. MEDI MOHAMMADI
24 Sail Way
Columbia, SC 29212
SUBJECT:
COST ANALYSIS, POWER POLE REMOVAL
Lot 17, Highlands Ranch Road, poway
APN 272-761-17
DEAR Mr. MOHAMMADI:
The following analysis is provided on your behalf and based on your request. The analysis is in
regards to removing a power pole from the rear section of the property, approximately 280 feet
inside the open space zone of the above referenced property. Removal of the power pole from this
site requires the "under-grounding" of the power cables that are currently serving portions of the
community in this development.
The subject property is a sloped lot with large boulders exposed throughout the property. The rear
section of the property where the power pole is located is designated as open space by the City of
Powoy, prohibiting any grading operation and/or future development within this zone. The open
space zone is fortified with vegetation and appears to olso be fortified with biological inhabitants.
Additionally, we have determined that the overage slope of the property is in the range of 40%,
implying a very steep train in the open space zone.
The proposed under-grounding of the power cables requires an access road for maintenance of
the cables. Construction of the access road requires grading and trenching in the open space
zone. We foresee the fOllowing challenges in the "under-grounding" operations of the power cables
for this property:
. Environmental impact of the open space is a major issue. This area is outside our expertise
and was not analyzed in this report. However. we suspect the environmental concerns with
the grading and blasting operations require close attention.
. Access to the location is limited. Portions of the installation of the power cables and/or
material supply may hove to be with over head supports such as crones and/or helicopters.
. 81asting of the large boulders is required. This increases the overall complexity and/or the
cost of the project as well os increasing the environment~1 impact to the project.
. The grading operation requires a plan for mitigating the storm drainage system and also
mitigating the erosion potential. A permanent storm drainage system is required to
adequately address the drainage system. Additionally, an erosion control system is required
with a desalination basin during the grading operation.
I -
. We have determined a preliminary cost for the "under-grounding" operation to be in the
range of $140,000 (please see the attached). This cost does not include the environmental
review and/or address the cost tor mitigating the environmental issues.
This analysis should only be considered as preliminary. Minimal amount of research and/or
investigation was performed in forming our opinion. A more detailed analysis, review of the existing
documents, and detail design is required to form a more accurate estimate of the challenges
and/or the cost.
Please call me if I can be of assistance.
;,ftf5"
. ~AR-12-2004 FRI 03:18 PM CONTINENTAL ESCROW RB
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Gov. Code
CITY OF POWAY NOnCE ,0 ReLEASE
NOTICE OF LAND use RESTRICTIONS.
The r I property lcoated In the CIIy of Poway, county of San Ole 0, State of
California. de Oflbed aii' follows:
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APN: 272-761-17
The notice of land use restrictions recarrled against property of the above leg I description
recorded as ocumen! No. 2000-0185824, on April 12, 2000, between the City Powayand
Angelo M. M one Is herebY released.
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DireCltCr of Development sllNice
City Df Poway
Slats of Calilomi )
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County of Gem le\lO I
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same III nld,." ..Ir lull10rlzed allp8dty(I),lInd that by hlSlherJtheIr .jgn.1\n8 on theln..Wmen the person(s}.
'" in.. .ntity upo behalf of Whfch the ~(.) _"ted, .llCUl8d !ha lnslnlrnenl
WITNESS my n and ornolal seal.
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03/12/04 FRI 16:13 fTX/RX NO ..,",
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Agenda Report
April 12, 2005
Page 3
However, On June 13, 1988, the Director of Planning Services sent the applicant a letter
advising him that the waiver of underground requirements became null and void because
the required Notice of Restrictions was not submitted within the 30 days as required by the
City Council approval (Attachment D).
The Final Map for the subdivision recorded in July 1988 and the original undergrounding
requirerne?t for Lot 17 remains (Resolution No. P-86-46). Therefore, the obligation to
underground the remaining 280 feet and relocate one pole remains on Lot 17, unless a
. . ~ \ \~ver of this requirement is granted by the City Council.
rn-z.':i 1\ In 2000, staff recorded a Notice of Restrictions on the property for the purpose of advising
" any future property owner of the undergrounding requirement. In early 2004, the property
'\.. was being sold, and the seller contacted staff and both real estate agents involved in the
sale in order to remove the restriction so escrow could close. scan b e
attached correspondence, the seller of the property and the real estate agents were aware
that an undergrounding waiver would need to be approved in order to relieve the property ~
of this requirement (Attachments E and F). The Notice of Restrictions was removed after Uo~
this requirement was discussed with the property owner and the property owner was made
aware of the need to procBss an'undergroumiing waiver to remove this condition. The real
estate agents involved in the transaction were also aware of this requirement.
Since that time, the property has sold and the current owner has obtained approval of a
Minor Development Review Permit (MDRA 04-113) for the construction of a single family
home. Prior to obtaining a grading permit, the applicant is required to process an
undergrounding waiver and agree to participant in a pro-rata share of the undergroundin
t such time that the City desires to under round the utilities. n estimate of the cost to
underground 280 feet at $300 per linear foot would equate to roughly $84,000.
As part of the underground waiver request, staff investigated the feasibility of
undergrounding the power line to a relocated pole. (See Attachment N that identifies the
project site and the approximate relocation site.) Per discussions with Pete Crampton of
SDG&E, relocation of the pole to the northern property line would require constructing a 12'
decomposed access road to the pole. All of the construction activity would occur within the
existing SDG&E access easement across the western portion of Lot 16 and within a new
12' easement across the open space easement of lot 17. Access from the north, across
the parcel directly to the north of Lot 17 (APN 272-150-35), would probably not be feasible,
as it is owned by the San Dieguito River Park (SDRP). Per Susan Carter, Executive
Director of the SDRP, development of a 12' access road across the public open space,
would require environmental review to determine mitigation measures; review by the
Project Review Committee and the Citizen Advisory Committee; and approval by the Joint
Powers Authority Board of Directors.
4 of 59
ADril 12. 2005 Item # 3. I
3
SCHEDULE B
( continued)
~IW
38035086
Your Ref: 67326
P07
I
",""
SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS
RESTRlcrIONS BASED ON FAMILIAL STATUS.
o 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW.
p '1 8.
f'
MAP OF:
EAS."MENT
PURPOSE:
AFFEcrS:
NO. 12123
OPEN SPACE
AS SHOWN ON SAID MAP
AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW.
MAP OF:
EASEMENT
PURPOSE:
AFFEcrS:
NO. 12123
PROPOSED 30' SDG&E ACCESS EASEMENT
AS SHOWN ON SAID MAP
Q 9. THE FAcr THAT SAID' 'IJUlD ISJ:NCLUDED WITHIN A PROJEcr AREA OF THE
REDEVELOPMENT AGENCY SHOWN BELOW, AND THAT PROCEEDINGS FOR THE
REDEVELOPMENT OF SAID PROJECT HAVE BEEN INSTITUTED UNDER THE REDEVELOPMENT
LAW (SUCH REDEVELOPMENT TO PROCEED ONLY AFTER THE ADOPTION OF THE
REDEVELOPMENT PLAN) AS DISCLOSED BY A DOCUMENT.
/7
.
REDEVELOPMENT
AGENCY:
RECORDED:
CITY OF POWAY PAGUAY REDEVELOPMENT PROJEcr
JUNE 22, 1993, AS FILE NO. 1993-0392000 OFFICIAL
RECORDS
10.
A NOTICE OF LAND USE RESTRIcrIONS REGARDING ASSESSOR'S PARCEL NO. APN:
272-761-17 ISSUED BY CITY OF POWAY CITY COUNCIL, RECORDED APRIL 12, 2000,
AS FILE NO. 2000-0185624 OFFICIAL RECORDS.
s END OF SCHEDULE B
T
NOTE NO.1: THE LAND REFERRED TO IN THIS PRELIMINARY REPORT WAS
IDENTIFIED IN THE ORDER APPLICATION ONLY BY STREET ADDRESS OR ASSESSOR'S
PARCEL NUMBER. THIS LAND HAS BEEN LOCATED ON THE ATIACHED MAP. THE USE OF
A STREET ADDRESS OR ASSESSOR'S PARCEL NUMBER CREATES AN UNCERTAINTY AS TO
THE CORREcr LEGAL DESCRIPTION FOR THE LAND INVOLVED IN YOUR TRANSAcrION.
PLEASE REVIEW THE MAP. IS THE CORREcr LAND LOCATED ON THE MAP? IF YOUR
TRANSAcrION INVOLVES OTHER LAND OR MORE LAND OR LESS LAND THAN THAT LOCATED
ON THE MAP YOU SHOULD IMMEDIATELY ADVISE YOUR TITLE OFFICER OR ESCROW
OFFICER.
PREUMBC-9/23/93bk
C;V!ll~G!N!IIING DESIGN GIOU1
f91
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::;;.; :,~(').W~1f .W:l'i:.E
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. ,
COST ESTIMATE FOR UNDERGROUNDING THE POWER POLE
Lot 17, Highlands Ranch, Poway
NOTE: This estimate Is provided at the requeSt of our client with minimal engineering effort.
It is considered preliminary and for discussion puproses only.
EARTHWORK
Quantity Untt Untt cost T olal Cost
On-stte Grading (0 -1000 Cy) 1500 $ 15.00 CY $ 22,500.00
Mobilization 1 $15,000.00 LS $ 15,000.00
Blasting 1 $ 15,000.00 LS $ 15,000.00
SUB TOTAL $ 52,500.00
SPECIAL GRADING
Clearing and Grubbing 10,000 $ 0.35 SF $ 3,500.00
SUB TOTAL $ 3,500.00
DRAINAGE
Graded Earth Channel 300 $ 14.00 LF $ 4,200.00
Gravel Basin 10 $ 170.00 ::U YDS $ 1,700.00
SUB TOTAL $ 5,900.00
PAVEMENT
Graded Sub Base 3,000 $ 3.00 SF $ 9,000.00
SUB TOTAL $ 9,000.00
EROSION CONTROL
Sand Bags 1300 $ 1.10 EA $ 1,430.00
Slit Fence 320 $ 7.50 LF $ 2,400.00
Construction Basin 1500 $ 1.00 CF $ 1,500.00
Hydro Seeding 6,000 $ 0.20 SF $ 1,200.00
SUB TOTAL $ 8,530.00
SDGE COSTS:
Trenching 280 $ 35.00 LF $ 9,800.00
Power Line Installation 1 $ 20,000.00 LS $ 20,000.00
SUB TOTAL $ 29,800.00
TOTAL $ 107,230.00
30% Contingency $ 32,169.00
GRAND TOTAL $ 139,399.00
. .
~~I hrt 1t
Agenda Report
April 12, 2005
Page 3
However, On June 13, 1988, the Director of Planning Services sent the applicant a letter
advising him that the waiver of underground requirements became null and void because
the required Notice of Restrictions was not submitted within the 30 days as required by the
City Council approval (Attachment D).
The Final Map for the subdivision recorded in July 1988 and the original undergrounding
requirerne?t for Lot 17 remains (Resolution No. P-86-46). Therefore, the obligation to
underground the remaining 280 feet and relocate one pole remains on Lot 17, unless a
. \ w~ver of this requirement is granted by the City Council.
r;.~~ ~ ~n 2000, staff recorded a Notice of Restrictions on the property for the purpose of advising
'\ any future property owner of the undergrounding requirement. In early 2004, the property
was being sold, and the seller contacted staff and both real estate agents involved in the
sale in order to remove the restriction so escrow could close. s ca b e
attached correspondence, the seller of the property and the real estate agents were aware
that an undergrounding waiver would need to be approved in order to relieve the property "'~
of this requirement (Attachments E and F). The Notice of Restrictions was removed after uo"
this requirement was discussed with the property owner and the property owner was made
aware of the need 10 proC&ss an 'undergrburnfing waiver to remove this condition. The real
estate agents involved in the transaction were also aware of this requirement.
Since that time, the property has sold and the current owner has obtained approval of a
Minor Development Review Permit (MDRA 04-113) for the construction of a single family
home. Prior to obtaining a grading permit, the applicant is required to process an
undergrounding waiver and agree to participant in a pro-rata share of the undergroundin
t such time that the City desires to under round the utilities. n estimate of the cost to
underground 280 feet at $300 per linear foot would equate to roughly $84,000.
As part of the underground waiver request, staff investigated the feasibility of
undergrounding the power line to a relocated pole. (See Attachment N that identifies the
project site and the approximate relocation site.) Per discussions with Pete Crampton of
SDG&E, relocation of the pole to the northern property line would require constructing a 12'
decomposed access road to the pole. All of the construction activity would occur within the
existing SDG&E access easement across the western portion of Lot 16 and within a new
12' easement across the open space easement of lot 17. Access from the north, across
the parcel directly to the north of Lot 17 (APN 272-150-35), would probably not be feasible,
as it is owned by the San Oieguito River Park (SDRP). Per Susan Carter, Executive
Director of the SDRP, development of a 12' access road across the public open space,
would require environmental review to determine mitigation measures; review by the
Project Review Committee and the Citizen Advisory Committee; and approval by the Joint
Powers Authority Board of Directors.
,
4 of 59
ADril 12. 2005 Item # 3. /
3
SCHEDULE B
(continued)
~I~
38035086
P07
Your Ref: 67326
SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS
RESTRICTIONS BASED ON FAMILIAL STATUS.
o 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW.
MAP OF:
EASJ:MENT
PURPOSE:
AFFECTS:
NO. 12123
OPEN SPACE
AS SHOWN ON SAID MAP
p '\ 8.
-f'
AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW.
NO. 12123
MAP OF:
EASEMENT
PURPOSE:
AFFECTS:
PROPOSED 30' SDG&E ACCESS EASEMENT
AS SHOWN ON SAID MAP
Q 9. THE FACT THAT SAID'lJiND IS-rNCLUDED WITHIN k PROJECT AREA OF THE
REDEVELOPMENT AGENCY SHOWN BELOW, AND THAT PROCEEDINGS FOR THE
REDEVELOPMENT OF SAID PROJECT HAVE BEEN INSTITUTED UNDER THE REDEVELOPMENT
LAW (SUCH REDEVELOPMENT TO PROCEED ONLY AFTER THE ADOPTION OF THE
REDEVELOPMENT PLAN) AS DISCLOSED BY A DOCUMENT.
REDEVELOPMENT
AGENCY:
RECORDED:
CITY OF POWAY PAGUAY REDEVELOPMENT PROJECT
JUNE 22; 1993, AS FILE NO. 1993-0392000 OFFICIAL
RECORDS
R1
10.
A NOTICE OF LAND USE RESTRICTIONS REGARDING ASSESSOR'S PARCEL NO. APN:
272-761-17 ISSUED BY CITY OF POWAY CITY COUNCIL, RECORDED APRIL 12, 2000,
AS FILE NO. 2000-0185624 OFFICIAL RECORDS.
.
s END OF SCHEDULE B
T
NOTE NO.1: THE LAND REFERRED TO IN THIS PRELIMINARY REPORT WAS
IDENTIFIED IN THE ORDER APPLICATION ONLY BY STREET ADDRESS OR ASSESSOR'S
PARCEL NUMBER. THIS LAND HAS BEEN LOCATED ON THE ATTACHED MAP. THE USE OF
A STREET ADDRESS OR ASSESSOR'S PARCEL NUMBER CREATES AN UNCERTAINTY AS TO
THE CORRECT LEGAL DESCRIPTION FOR THE LAND INVOLVED IN YOUR TRANSACTION.
PLEASE REVIEW THE MAP. IS THE CORRECT LAND LOCATED ON THE MAP? IF YOUR
TRANSACTION INVOLVES OTHER LAND OR MORE LAND OR LESS LAND THAN THAT LOCATED
ON THE MAP YOU SHOULD IMMEDIATELY ADVISE YOUR TITLE OFFICER OR ESCROW
OFFICER.
\"".;
PAEUMBC-9/23/93bk
~H~ ~' ~~~~ 1~:06 FR CHICAGO TITLE
,
,
,
619 521 3633 TO 918584859507
P.01
NCUl \-l~\e.
@
CHICAGO TITLE COMPANY
SALES DEPARTMENT
2365 NORTHSIDE DRIVE, SUITE 600
SAN DIEGO. CA 92108
619-521-3679
j FAX 619-521-3633
"Please note Oue addees.. telephone
& fa. numbee ha. changed"
FACSIMILE TRANSMITTAL SHEET
....0:
a.lt number:
ael;:
omp"'Y'
hone "~mb~r:
oc-I "0. or p.~' irll:dudin. ~O'l'C!r.
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NOTES/COMMENTS,
"'" I "j, ""''''~ 1:0: 06 FR CH I CAGO TITLE
619 521 3633 TO 918584859507
P.02
CHICAGO TITLE INSURANCE COMPANY
Fldelitv National Financial Grol,lP of ComlJanies' PrivacY Statement
July 1, 2001
We recognize and respect the privacy expectatIon of teday's consumers and the requirements of applicable federal ancl
state privacy laws. We believe that making you aware of how we use your non-public personal info""ation ("Personal
Information'). and to whom Ills disclosed, will fo"" the basis for a relationship of trust between I,IS and the public that we
serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time
to time consistent with applicable privacy laws.
In the course of our business, we may collect Personallnformatfon about you from the following sources:
. From applications or other forms we receive from you or your authorized representative;
. From your transactions with, or from the services being performed by, us, our affiliates, or others;
. From our internet web sites;
. From tHe public records maintained by governmental entities that we either obtain directly from
those entities, or from our affiliates or others; and
. From consumer or other reporting agencies.
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personallnforrnal/on
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only to those employees who need such access in
connection with providing products or services to you or for other legitimate business PUrposes.
Our Pollcloll and PractlCll/l Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estale
settJement service proViders. We may also disclose your Personallnfonnation:
· to agents, brokers or representatives to proVide you with services you have requested:
· to thlrd-pany contractors or service providers who provide services or perform marketing or other
functions on our behalf; and
.. to others With whom we enter into joint marketing agreements for products or services that we
believe you may find of Interest.
In addition, we will dlsclolle your Personal Information when you diract or give us permission, when we are required by
law to do so, or when we suspect fraUdUlent or criminal actMties. We also may disclose your Personallnformalion when
otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights
arlslng out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our aIIiIiated companies Is to record documents In the public domain.
Such documents may contain your Personal InformatIon.
Right To Access Your Personal Information And Ability To Correct Errors Or Request ChBng8 Or Deletion
Certain states afford you the right to access your Personal Information and. uncler certain cfrcumstances, to find out to
whom your Personal InformatIon has been disclosed. Also. certain stales afford you the right to reql,lest correction,
amendment or deletion of your Personal 'Information. We reserve lhe right, where permitted by law, to charge a
reasonable fee to cover lhe costs inCl,lrred in responding to sl,lch requests.
All requests must be made In writing to the follOWing address:
".
Privacy Compliance Officer
Fidelity National Financial. Inc.
GOl Riverside Drive
Jacksonville, Fl 32204
MUltiple Products or Servfces:
If we provide you wit~ more than one financial product or service, you may receive more than one privacy notice from us.
We apologiZe for any .nconvenlencethis may cause you.
PAlVACYT.. IO/ll/aJ AA
...... v. ."-"""'" 1;;J;\Ob 1-1< CHICAGO TITLE
619 521 3633 TO 918584859507
P.03
@
CHICAGO TITLE COMPANY
PRELIMINARY REPORT
Dated as of: May 24, 2005
at 7;30 AM
Reference: MOHAMMAD I
Order No.: 58003110-P01
CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be ISSUed, as
of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest thereIn hereinafter
set forth, insuring against loss which may be sustained by reason of any defect. lien or encumbrance not shown or
referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations of said Policy forms.
The printed exceptions and exclusions from the coverage Of said Policy or Policies are set forth in the attached list
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to In Schedule 8 and the exceptions end exclusions Set forth In the
attached list of thl. I'8port carefully. The exceptions and exclusions are meant to prOVIde you with notice Of matters:
Which are not covered undar the terms of title Insurance polIcy and should be carefully considered. It Is Important to
note that this prallmlnary report Is not a wr~en reprellJlntatlon as to the conc1ltlon of title and may not list all liens,
d.ef~s and encumbrances affBCIing title to the lanc/.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF POLICY OF TITLE INSURANCE AND NO LlABILIlY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT L1ABIUTY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE, A BINDER OR
COMMITMENT SHOULD BE REQUESTED
The form of8oliyy of title insurance contemolated Ily this re~rt Is;
CALIF ANIA lAND TITLE ASSOCIAtiON STANDARD COVERAGE POUCY
AMERICAN lAND TITLE ASSOCIATION LOAN EXTENDED COVERAGE POLICY
Title Department:
Visit Us On The Web: chfcagothle.com
@
CHICAGO T/TLE COMPANY
316 MISSION AVE. STE. 120
ESCONDIDO. CA 92025
(760)735-3120 fax: (760)735-3131
RICHARD MOORE
TITLE OFFICER
MooreA@CTT.com
PFft -ot/05/V8b1l
,,~, ," """"" l::l:~b t-I< CHICRGO TITLE
619 521 3633 TO 918584859507
P.04
SCHEDULE A
Order No: 55003110 POl
YourRe~ MOHAMMADI
L The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE AS TO PARCEL 1;
AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2
I
2. Tille to said estate or interest at the dale hereof i..~ vested in:
MEDI MOHAMMADI AND PARISA AMINI, HUSBAND AND WIFE
.<
3. The land referred to in this report is situated in the Slate of California, COUllty of SAN DIEGO
and is described as follows:
SEE ATTACHED DESCRIPTION
PPb -10/31/9"*
n~T ~l ~~~~ 15:06 FR CHICAGO TITLE
619 521 3633 TO 918584859507
P.05
Page: 1
Order No. 58003110
PARCEL 1,
DESCRIPTION
LOT 17 OF CITY OF POWAY TRACT 68-01, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 12123, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 14. 1988.
PARCEL 2;
EXCLUSIVE AND NON-EXCLUSIVE EASEMENTS FOR USE, ENJOYMENT, ACCESS, INGRESS,
ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, Sl1PPORT, AND FOR OTHER PURPOSES
OVER LOT 41 OF CITY OF POWAY TRACT 66-01 AS SHOWN ON MAP NO. 12123 FILED JULY
14, 1988, IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTy, CALIFORNIA AS DOCUMENT
NO. 88-3.1478, AS SUCH EASEMENTS ARE DESCRIBED AND SET FORTH IN THAT CERTAIN
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED APRIL 22, 1988 IN
THE OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, AS DOCUMENT NO. 88-187789,
AS AMENDED BY THE FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF HIGHLANDS RANCH RECORDED JULY 15, 1988, IN THE OFFICIAL
RECORDS OF SAN DIEGO COUNTY, CALIFORNIA AS DOCUMENT NO. 88-341665, AND AS
AMENDED BY THE SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF HIGHLANDS RANCH RECORDED JULY 22, 1968 IN THE OFFICIAL RECORDS
OF SAN DIEGO COUNTY, CALIFORNIA AS DOCUMENT NO. 88-358247.
. ., ',' .... ~
~~~~ I~:~b ~K CHICAGO TITLE
P.06
Page 1
Order No: 58003110 1'01
619 521 3633 TO 918584859507
SCHEOULE B
Your Ref: MOHAMMADI
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be a& follows:
A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BB
LEVIED FOR THE FISCAL YEAR 2005-2006 THAT ARE A LIEN NOT YET DUE.
· 2. THB LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF
ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2,
CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF
THE REVENuE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF
11iE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT
OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF
POLICY.
c 3. PROPERTY TAXES FOR THE VISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION
PURPOSES THE AMOUNTS ARE:
FISCAL YEAR:
1ST INSTALLMENT:
2ND INSTALLMENT:
EXEMPTION,
CODE AREA:
ASSESSMENT NO.
2004-2005
$2,328.30 PAID
$2,328.30 PAID
$NOT SHOWN
171 75
272-761-17
D 4. SUPPLEMENTAL OR ESCAPED TAXES FOR TIlE FISCAL YEAR 20001-2005, ASSESSED
PURSUANT TO TIlE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENuE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
DUE TO:
IS'l' INSTALLMENT:
2ND INSTALLMENT:
CODE AREA:
ASSESSMENT NO. :
ISSUE DATE:
OWNERSHIP CHANGE
$141.16 (PAID)
$141.16 (PAID)
17175
839-437-25-53
OCTOBER 8, 2004
s 5_ SUPPLEMENTAL OR ESCAPED TAXES FOR THE FISCAL YEAR 2004-2005, ASSESSED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENuE AND TAXATION CODE OF TIlE STATE OF CALIFORNIA.
DUE TO:
1ST INSTALLMENT:
2ND INSTALLMENT:
CODE AREA.
ASSESSMENT NO. :
ISSUE DATE:
OWNERSHIP CHANGE
$791.14 (PAID)
$791.14 (PAID)
17175
849-437-25-44
OCTOBER 8, 2004
PREI -IO/31/17bll;
IIN..1 ..., 1 C:I<lI<l:O 1::': 116 FR CH I CAGO TI TLE
619 521 3633 TO 918584859507
P.07
Page 2
SCHEDULE B
(continued)
Order No: 58003110 POl
Your Ref: MOHAMMADI
F 6. EASEMENTS FOR INGRESS AND EGRESS, PIPELINES, DRAINAGE AND/OR PUBLIC
UTILITIES AND INCIDENTAL PURPOSES THERETO OVER, UNDER, ALONG AND ACROSS THE
EASEMENT PARCEL(S) HEREIN DESCRIBED AS GRANTED AND/OR RESERVED IN VARIOUS
DEEDS OF RECORD.
AFFECTS;
PARCEL 2
G 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
So/ FORTH IN A DOCUMENT
GRANTED TO;
PURPOSE,
RECORDED ;
SAN DIEGO GAS AND ELECTRIC COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
DECEMBER 22, 1948, IN BOOK 3058, AT PAGE 103 AS
DOCUMENT NO. 126188 OF OFFICIAL RECORDS
AS SHOWN ON SAID MAP
AFFECTS:
H NOTS. A PORTION OF SAID BASEMENT WAS QUITCLAIMED BY QCD RECORDED MARCH 7,
1990, AS FILE NO. 90-123169 OF OFFICIAL RECORDS.
r 8. THE MATTERS SET FORTH IN THE DOCUMENT SHOWN BELOW WHICH, AMONG OTHER
THINGS, CONTAINS OR PROVIDES FOR; CERTAIN EASEMENTS; LIENS AND THE
SUBORDINATION THEREOF; PROVISIONS RELATING TO PARTITION; RESTRICTIONS ON
SEVERABILITY OF COMPONENT PARTS; AND COVENANTS, CONDITIONS AND
RESTRICTIONS, (BUT OMI'lTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON
RACE, COLOR. RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN,
IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT
UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO
HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS).
RECORDED:
APRIL 22, 1988, AS FILE NO_ 88-187789 OFFICIAL RECORDS
J SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION
THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE.
K SAID INSTRllMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF
WHICH IS STATED TO BE SUBORDINATE TO THE LIEN OF A FIRST MORTGAGE OR FIRST
DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE.
k MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDED :
JULY 15, 1988, AS FILE NO. 88-341665, OFFICIAL
RECORDS
H MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS
PFIIa.JI,O;JC.8/23/l3b1r
nHT ~l ~~~~ 15:07 FR CHICAGO TITLE
619 521 3633 TO 918584859507
P.08
Pagc 3
SCHEDULE B
(continued)
Your Rcf: MOHAMMADI
Order No: 58003110 POl
RECORDED:
JULY 22, 1988, AS FILE ~O. 8a-358247, OFFICIAL
RECORDS
" MODIFlCATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDED ;
APRIL 12, 1998, AS FILE NO. 1998-217716 OFFICIAL
RECORDS
(
o MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDED:
MARCH 26, 1999, AS FILE NO. 1999-199229 OFFICIAL
RECORDS
P NOTE: IF YOU SHOULD REQUEST A COpy OF TIre DOCUMENT REFERRED TO ABOVE, TIlE
CALIFORNIA GOVERNMENT CODE SECTION 12956.1 REQUIRES THAT A COUNTY RECORDER,
TITLE INSURANCE COMPANY, ESCROW COMPANY, REAL ESTATE BROKER, REAL ESTATE
AGENT, OR ASSOCIATION THAT PROVIDES A COPY OF A DECLARATION', GOVERNING
DOCllMENT, OR DEED TO ANY PERSON SHALL PLACE A COVER PAGE OR STAMP ON THE
FIRST PAGE OF THE PREVIOUSLY RECORDED DOCllMENT OR DOCUMENTS STATING, I~ AT
LEAST 14-POINT BOLDFACE TYPE, THE FOLLOWING:
IF THIS DOCUMENT CONTAINS llNY RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR
ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL 'FAIR HOUSING LAWS AND
IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT
CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF
OCClJPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSO~S SHALL NOT BE
CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS.
Q 9. AN EASEMENT FOR TIre PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL TllERETO AS
SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW.
MAP OF:
EASEMENT
PURPOSE:
AFFECTS:
NO. 12123
OPEN SPACE
AS SHOWN ON SAID MAP
R 10. AN EASEMENT FOR TIre PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW.
MAP OF.
EASEMENT
PURPOSE:
AFFECTS:
NO. 12123
PROPOSED 30' SDG&E ACCESS EASEMENT
AS SHOWN ON SAID MAP
"NU..ec:.o/..l....
MRY 31 2005 15:07 FR CHICAGO TITLE
619 521 3633 TO 918584859507
P.09
Page 4
SCHEDULE B
(continued)
Order No; 58003110 POl
Your Ref: MOHl\MMADI
s 11. THE FACT THAT SAID L}>.ND IS INCLUDED WITHIN A PROJECT AREA OF THE
REDEVELOPMBNT AGENCY SHOWN BELOW, AND THAT PROCEEDINGS FOR THE
REDEVELOPMENT OF SAID PROJECT HAVE BEEN INSTITUTED UNDER THE REDEVELOPMENT
LAW (SUCH REDEVELOPMEN'l' TO PROCEED ONLY AFrER THE }\!IOPTION OF THE
REDEVELOPMENT PLAN) AS DISCLOSED BY A DOCUMENT.
REDEVELOPMENT
-'AGENCY:
RECORDED:
CITY OF POWAY PAGUAY REDEVELOPMENT PROJECT
JUNE 22, 1993, AS FILE NO. 1993-0392000 OFFICIAL
RECORDS
T 12. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
RECORDED:
$595,000.00
J~ARY 26, 2005
MEDI MOHAMMllDI AND PARISA AMINI, HUSBAND AND WIFE
FIDELITY NATIONAL TITLE COMPANY
INDYMAC BANK, F. S . B ., A FEDERALLY CH1IRTERED SAVINGS
BANK
FEBRUARY 25, 2005, AS FILE NO. 2005-0154692 OFFICIAL
RECORDS
AMOUNT :
DATED:
TRUSTOR:
TRUSTEE:
BENEFICIARY:
ORIGINAL LOAN
NUMBER :
NOT SHOWN
u END OF SCHEDULE B
v NOTE NO.1: THE LAND REFERlUlD TO IN THIS PRELIMINARY REPORT WAS
IDENTIFIED IN THE ORDER APPLICATION ONLY BY STREET ADDRESS OR ASSESSOR'S
PARCEL NUMBER. THIS LAND HAS BEEN LOCA'I'ED ON THE ATTACHED MAP. THE USE OF
A STREET ADDRESS OR ASSESSOR'S PARCEL NUMBER CREATES AN UNCERTAINTY AS TO
THE CORRECT LEGAL DESCRIPTION FOR THE LAND INVOLVED IN YOUR TRANSACTION.
PLEASE REVIEW THE MAP. IS THE CORRECT LAND LOCATED ON THE MAP? IF YOUR
TRANSACTION INVOLVES OTHER LAND OR MORE LAND OR LESS LAND THAN THAT LOCATED
ON THE MAP YOU SHOULD IMMEDIATELY ADVISE YOUR TITLE OFFICER OR ESCROW
OFFICER.
w NOTE NO.2: THE CtmRENT OWNER DOES NOT QUALIFY FOR THE $20.00 DISCOUNT
PURSUANT TO THE COORDINATED STIPULATED JUDGMENTS ENTERED IN ACTIONS FILED
BY BOTH THE ATTORNEY GENERAL AND PRIVATE CLASS ACTION PLAINTIFFS FOR THE
HEREIN DESCRIBED PROPERTY.
x NOTE NO.3: MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF
SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF.
r NOTE NO. ,,: THE ONLY CONVEYANCES AFFECTING SAID LAND, WHICH RECORDED
~B~/Z3/t3b~
--_.._-~--------
MAY 31 2005 15:07 FR CHICAGO TITLE
619 521 3633 TO 918584859507
P.10
Page 5
SCHEDULE B
(continued)
Your Ref: MOHAMMADI
Order No: 58003110 POl
WITHIN TWENTYFOUR (24) MONTHS OF THE DATE OF THIS REPORT, ARE AS FOLLOWS:
GRANTOR:
GRANTEE:
PARISA FATRI AMINI, WIFE OF THE GRANTEE
MEDI MOHAMMAD I , A MARRIED MAN AS RIS SOLE AND SEPARATE
PROPERTY
APRIL 1, 2004 AS FILE NO. 2004-0271691, OFFICIAL
RECORDS
RECORDED;
Z No;l'E NO.5: THE ONLY CONVEYANCES AFFECTING SAID LAND, WHICH RECORDED
WITHIN TWENTYFOUR (24) MONTHS OF THE DATE OF THIS REPORT, ARE AS FOLLOWS,
GRANTOR;
GRANTEE.
ANGELO M. MAZZONE, III
MEDI MOHAMMADI. A MARRIED MAN AS HIS SOLE AND SEPARATE
PROPERTY
APRIL 1, 2004 AS FILE NO. 2004-0271692, OFFICIAL
RECORDS
RECORDED.
AA NOTS NO.6: THE ONLY CONVEYANCES AFFECTING SAID LAND, WHICH RECORDED
WITHIN TWENTYFOUR (24) MONTHS OF THE DATE OF TIllS REPORT, ARE AS FOLLOWS:
GRANTOR:
MEDI MOHAMMADI, A MARRIED MAN. AS HIS SOLE AND SEPARATE
PROPERTY
MEDI MOHllMMADI AND PARISA AMINI, HUSBAND AND WIFE
FEBRUARY 25, 2005, AS FILE NO. 2005-0154691, OFFICIAL
RECORDS
GRANTEE:
RECORDED;
All NOTElI IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH
THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR
CIlECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD
PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE
BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD
FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED.
NOTE. ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS
FOLLOWS:
BANK OF AMERICA
1850 GATEWAY BOULEVARD
CONCORD, CALIFORNIA
ABA 121-000358
CREDIT TO CHICAGO TITLE DEPOSITORy ACCOtJNT
NO. 12351-50751
FURTHER CREDIT TO ORDER NO: 058003110
PREUMBC4/~/83bk
MHY JI 2005 15:07 FR CHICAGO TITLE
619 521 3633 TO 918584859507
P.ll
Page 6
SCHEDULE B
(continued)
Your Ref: MOHl\MMl\D I
Order No: 58003110 POI
ATTN:
RICKARD MOORE
TULE OFFICER
AC NM
'i
v
I'IlI!UMec../..,....,.,
- -. .,~ ....., I ~ .....nQV I 1 I L!:.
619 521 3633 TO 918584859507
P.12
Notice
You may be entitled 10 receive a 520.00 discount on escrow services if you purchased, sold or refinanced residential
properly in California between May 19, 1995 and November I, 2002. If you had mOre than one qualifying
transaction, you may be entitled to multiple discounts.
If your previous transaction involved thc same properly that is the subject of your current transaction, you do not
have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in
this transaction.
If your pre,nous transaction involved propeny different Crom the property that is subject oC your current
transaction, you must inform the Company oC the earlier transaction, provide the address of the properly involved
in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on properly that is not the subject of this transaction, the
Company has no obligation to conduct an investigation to determine if you qualiCy for a discount. If you provide
the Company information concerning a prior transaction, the Company is required to determine iC you qualify Cor
a discount.
AON-11/'12IOAM
. "----'--.----.-
-- ........., 'I.... '-n1....Hl::IU llTLE
619 521 3633 TO 918584859507
P.13
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fEB-13-2004 FRI 03:33 PM
Feb 13 2004 2:53PM HP LASER JET 3200
FAX NO.
P. 02
p.c
MICKLOY C.-\FAGJ-.:,\, May<>,
001": ;.-HOGINSON, Oet:ur'JI M:lyar
BOP.. E~-fERY, Coundlm.:-mber
JAY GOLDE)', C.ou;1~jlrncmher
I~I~TIY Kb'XFC)RlJ, C"lIt\ci(tnt:lllber
CITY OF POWAY
February 13,2004
Angelo M. Mazzone III
101 S. Cliffwood Ave.
los Angeles, CA 90049
SUBJE;CT: Lot 17 of Highlands Ranch (TIM 88"{)1) APN 272-761-17
Dear Mr. Mazzone:
In response to Inquiries from you and Sharon Bailey about a land use restriction recorded
on your above-described properly to underground utilities. we have retrieved fr\>m archival
storage, including, but not limited to, the subdivision map files for HighlandS Ranch, i.e.,
Tentative Tract Map (TTM) 83-04 and TTM 88-01. Based on a cross examin:J.lion of the
above-mentioned materials, I have found that the City Council on March 15, 1$88, took a
separate action outside these maps that conditionally waived the requirement to
underground existing utilities located within the Open Space.Easement of Lot ;17 (Please
see enclosed City Council Resolution P 88-25). The subsequent Notice of; land Use
Restriction recorded on your property in March 2000, is correct. although incomplete. The
notice fails to specify that Resolution P 88-25 deferred the undergrounding requirement
until such time that the City determines it appropriate.
In connection with a review of a proposal to develop l.ot 17 of Highlands Ran~h, staff will
ensure that the project complies with the conditions of approval of the subdivIsion maps
and the undergrouding waiver/deferment. PUlSuantto our conversation yesterdj3Y, the City
of Poway at this time has no plans to underground the power poles and lines $nd we are
by instrument going to remove the undergro!Jndlng restriction from the Title of Lot 17 of
Highlands Ranch. If you have any follow-up quesllon, please do not hesitate to call Oda
Audish. Associate Planner. at (858) 679-4294. :
Sincerely,
N~~1~
Director of Development Services
Enclosure
c: Sharon Bailey
16363 Bernardo Center Drive
San Diego, CA 92128
APNfile
M:\plannfng\le~ftf04\maO:ZOM Lot'7 HiQhland$ Rand1.doc
City Hall LOCRtcd at 13J:l5 Clvic Center Drive
Mailing Acldces.5: P.O. Box 789, Poway, California 92074.078\1 . (85S) 748.6600, 695-1400
*' P!inl~:1'Q'l t-!""-.Yc;!l,)11 rap0f FAX 748..1455
02/13/04 FRI 16:29 [TX/RX NO 7467]
f~8-13-2004 FRI 04:09 PM
,
Feb 13 2004 3:32PM
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A.TTES~:
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FAX NO.
p, 03
HP LASERJET 3200
p.4
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ReSolutio1r No. P-BB-25
Page 2
A Negative Declara~ion was issued on N01 ember 15,
1983 in conjunction with approval of TT~ 83-04.
Allowing a po~tion of the utility lines' to rernairi as
overhead service will reduce the amountlaf required
grading and native vegetation removal w~thin the open
space easement. Also, the remaining overhead lines
are lOcated on the downslope of Lot 17 ~nd are not
predominantly visible from the bUildin9fpad or other
lots within the SUbdivision. Thus, gra ting the
waiver reduces the impacts of the subdi ision llpon
tho natural environment.
,(
,(
All conditions of approval of the City of Po
Resolution No. P-86-05 shall be fulfilled as
except Condition No. K.l. under Section 3 sh
to read as follo~s;
All proposed utilities within the p~ojeck shall
be installed underground, including util~ties
along circulation element roads or highw~ys less
than 34.Skv with the exception of 280 fe~t as iden-
tified by Attachment 3 of TTM 83-04A, dated
March 15, 19S8. I.
Undergrounding of the;~~ feet of the l2kv cikcuit shall
be deferred. unt.il '!ueh time as the City Counc!.l deter.lines
said circuit shall be placed underground. owner shall
agree for itself, it's suecessors and assignsf not to
oppoae any assessment districts or other mean by .which
c. said 280 foot circuit would be placed undergr und at sole
cost and expense of the o~ner or owners of al residential
parcels within TTM 83-04A, to be borne in 40 qual shares.
A Notice of Restrictions shall be recorded as a lien
against all of the parcels described in TTM 8 -04A.
~
ay,
required,
11 be amended
Robert c. Emery,
~~
Clerk
02/13/04 FRI 17:05 [TX/RX NO 7469]