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Covenant Regarding Real Property 1995-0359908 CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) 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 In the event that Variance 95-{)5 expires or Is rescinded by City CouncU at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: ~ w~-j-- tJl~~ 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. ~,~~~~~~ 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 /' @1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 "t.w__\............'-........#,~.~ 1 .... ,.' ",4~....-.r'I'....~.,-..,..t .. .. . .> v " .. :::{. ~ ~.. ,;' -,. .~ . .,,!:I" ,'" ~~.....-..,...,~. ...,~....'.~..........'-,.....""""-.,........ ~ 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. .-- EXHIBIT B - - 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. ._. - - 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 ) ) SS. ) 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 b~ ~~~~~(7 , : ~ nlJA:::l,~ k- 7\..tlA.%t:.v Marjorie K. Wahlsten, City Clerk i "'- 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 ._. - -