Covenant Regarding Real Property 1995-0359908
CITY OF POWAY
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1893
buC # 1995-0359908
17-AUG-1995 08143 AM
OFFICIAl RECORDS
StVI DIEGO COIIHTY RECDRIO'S OFfICE
GREGORY SnITH, COOHTY RECORDER
RF. 10.00 FEES' 22. 00
AF. 11. 00
"FI 1. 00
".
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 7811
POWAY CA 92074-0789
No Transfer Tax Due
(ThIs spece for Recorder's Use)
:--
COVENANT REGARDING REAL PROPERTY
Standard Pacmc Corporation, A Delaware Corporation iOWNER" hereinafter) Is the owner of real
property described In Exhibit A which Is attached hereto and made a part hereof and which Is commonly
known as Assessor's Parcel Number 278-462-38 iPROPERTY" hereinafter). In consideration of the approval
of Variance 95-{)5, by the City of Poway iCITY" hereinafter), OWNER hereby agrees to abide by conditions
of the attached resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and Inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Variance 95-{)5 expires or Is rescinded by City CouncU at the request of the
OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.
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 persons Impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
..... -AJJJ vi( 1t,1m
are Corporation,
CITY OF POWAY
Dated: g - f -9 ~-
By:
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1894
LEGAL DESCRIPTION
Lot 60 of city of poway Tract Map 84-08, in the City of Poway,
County of San Dieqo, State of California, accordinq to Map
thereof No. 12044, filed in the Office of the County Recorder of
San Diego County, April 18, 1988, toqether with those portions of
westerly half of Harrow Lane as vacated by resolution No. 91-120
of the City Council of the City of poway recorded November 1,
1991 as document No. 91-0567612 of official records, which revert
by operation of law to said Lot 60.
Reserving an easement for ingress and eqress purposes over, upon
and across said portions of westerly half of Harrow Lane, which
easement is appurtenant to the "Properties. as .Properties. is
described in that certain grant of private street easements and
declaration of covenants pertaini~q to poway Tract 84-08 Road
Maintenance Association, recorded November 1, 1991 as Document
No. 91-0567613, Official records of San Diego County, California.
Exhibit A
CALIFORNIA ALL.PURPOS~ ACKNOWLEDGMENT
1895
No. 5907
State of ~\dixniCL
County of Sf'rr.-) J)i e'} 0
On ~u....bT 1'-/, lqq'S before me, J).:,r-~ ~~WII(,~
DATE NAME, talE OF OFFICER - E.G., 'JA~E ~~OTARY PUBLIC"
personally appeared t.~ Ca....\d(Lt....J....
----c:rNAME(S) OF SIGNER{S)
;<r personally known to me - OR - D 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
,~.;..:,:.:..:.:: i
CQMM. #'175714 t
i,.. Notary ~c - California ~
z . ~D~CO~N
J~ ~ ~ ~~c~.:~..~~I~.l~ 1
WITNESS my hand and official seal.
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OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TITLE{S)
D PARTNER(S)
D LIMITED
D GENERAL
NUMBER OF PAGES
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
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@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
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1896
RESOLUTION NO. P-95-41
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 95-05
ASSESSOR'S PARCEL NUMBER' 278-462-38
WHEREAS, Variance 95-05 submitted by Standard Pacific of San Diego,
Applicant, requests the an eight foot encroachment into a required twenty foot
side yard setback for the construction of a new home on Lot 60 of The Groves, in
the RR-C zone; and
WHEREAS, on August 8, 1995, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinqs:
The City Council finds that Variance 95-05 is exempt from the provisions
of the California Environmental Quality Act, Categorical Exemption Class
5 and 3, as the project is the construction of a single family residence
and a minor alteration to land use limitations.
Section 2: Findinqs:
1. The approved project is consistent with the general plan in that it
proposes the construction of a residence within a site which is
designated for residential use.
2. That there are special circumstances applicable to the property, and
because of this, the strict appl ication of the Zoning Ordinance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
The speci a 1 circumstances i ncl ude the fact that the property is
irregularly shaped, has irregular topography, and large portions of
the rear of the lot are unusable to a future resident.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zoning for which the
variance is sought, in that customers of The Grove are requesting
that the Model 760 be built more frequently. There are none within
any of the nearby lots. Therefore the mix of units is enhanced by
the use of this model, but in order to fit on the lot, a side yard
variance is needed.
4. That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or
injurious to the property or improvements in such vicinity and zone
in which the property is located.
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EXHIBIT B
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1897
Resolution No. P-95-41
Page 2
5. That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that the property is located in an area
where although the lots are of similar size, there is some variance
in lot dimension which precipitated a problem in plotting the new
home.
6. That the granting of this variance does not allow the use or
activity which is not otherwise expressly authorized by zoning
development regulations governing the parcel or property in that the
proposed project is the construction of a new single-family home in
the Rural Residential-C zone.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 95-05 subject to the following
conditions:
Within 30 days of approval (I) the applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
I. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
4. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
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1898
Resolution No. P- 95-41
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 8th day of August, 1995.
r-4~~ ~
Susan Ca ery, Deputy r'
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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Il1ereby certify, under tile penalty
of perjury, that the above and
foregoing is a true and correct
copy of Resolution Nol-7'6"-9/
as adopted by the City Council of
Poway, California on the ~
day ofClt./"~":" 19~
MARJoRJE K. W AHLSTEN, CITY CLERK
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Marjorie K. Wahlsten, City Clerk
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-95-41 , was duly adopted by the City Council at a meeting of said City Council
held on the 8th day of Auoust , 1995, and that it was so adopted
by the follo~vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORO
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
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