Covenant Regarding Real Property 1995-0467740
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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95- 0467740
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OFFICIAL RECORD~
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH. COUNTY RECOROER
RF: 11. 00 FEES:
AF: 13.00
MF: 1. 00
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
The Estate cj J. Patrick Fleming ("OWNER" hereinafter) Is the own€~ 01 rea! p~oparty described In
Exhibit A which Is attached hereto and made a part hereof and which Is commonly known as Assessor's
Parcel Number 321.191-11 ("PROPERTY" hereinafter). In consideration of the approval of Environmental
Assessment and Conditional Use Permit 95-06 by the City of poway ("CITY" 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 Environmental Assessment and Conditional Use Permit 95-06 expires or Is
rescinded by Cky Cooncl at the request of the OWNER, CITY shall expunge this Covenant from the record
tltie of the PROPERTY.
If either party is required to Incur costs to enforce the provisions of this Covenant, the prevailing
party shaH be entided to fIjj reimbursement of all costs, Including reasonable attorneys' 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.
Dated:
/O/IU J'1i-
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Dated:
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If":> By:
~ F44 ;.;;. C). ~u~
. Patrick Fleming, Jr., Executor .
ESTATE of J. PATRiCK FLEMiNG
(Notarize)
CiTY OF POWAY
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LEGAL DESCRIPTION
157
The land referred to in this report is situated in the State of California,
San Diego County, and is described as follows:
PARCEL A:
Those portions of Parcels I and 2 of Parcel Map No. 5067, in the City of
Poway, County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, September 2, 1976 as File/Page No. 76-
288883 of Official Records, being described as follows:
Commencing at the Southeast corner of Parcell of Parcel Map 5067, recorded
September 2, 1976 in San Diego County as described above; thence North
88017'59" West 503.02 feet being the Southeast corner of Parcel 2 of Parcel
Map No. 5067, being the True Point of Beginning; thence North 39052'00. West
110 feet; thence North 49045'09. West 408.00 feet; thence North 00016'47. West
318.15 feet to the Northerly boundary of said Parker land;thence North
88021'02" West 442.21 feet of the Northwest corner of said Parker land,
thence South 00'15'02. east 654.49 feet to the Southwest corner of said Parker
land;thence South 88017'59. East 823.00 feet to the True Point of Beginning.
EXHIBIT A
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----.--------.-..... . "'"--_._._.~_.._- --- - ".-...----P.
CAI;IFORNIA ALL.PURP01:t1E ACKNOWLEDGMENT
158
State of UAJ/' t--oY Y\ l t't' /
County of If)7 ~1 ~
On /0 . t () Da" q before me, /;;/ (z.~~.~,~,,7:Ad;6. ~d~,;'D (1bJt C-
personally appeared -J: q> a ~ (' k. FUi m ~
Name(s) of Slgne'r(S)U
~rSOnallY known to me - OR - D proved to me on the basis of satisfactory evidence to be the perso#
whose name~8J:6.SUbSCrib to the within instrument
J ~ - - r - - - - - - - - - -f and ac wledged to me tha h executed the
'Q _A...,,' .; h" "'.b';"""ori~d '_'Y ,M""',~
-... CiCIfIIM...... Ii signaturep( on the instrument the person~
I .' "::JlJ~~. or the entity upon behalf of which the person~ acted,
J _ . _ _~~.:. ~~~~':.~ J executed the Instrument.
WITNESS my hand and official seaL
F~~,""go,,~pi~G
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~l :~I1M:f-
Document Date: I D II ()
Signer(s) Other Than Named Above: ~ ~
if2pfjt11~~ QiQ} 1l1~'
Number of Pages: ;;J
~
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
@1994 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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RESOLUTION NO, P-95-48
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 95-06
ASSESSOR'S PARCEL NUMBER 321-191-11
159
WHEREAS, Conditional Use Permit 95-06, submitted by Airtouch Cellular,
Applicant, for the purpose of erecting a cellular telecommunications facility at
14264 Tierra Bonita Road, at the top of Kent Hill; and
WHEREAS, the City Council has read and considered the application and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council finds that Conditional Use Permit 95-06 will not result
in any significant impact on the environment and hereby issues a Negative
Declaration with Mitigation Measures.
Section 2: Findinas:
1. The approved project is consistent with the general plan in that
semi-public facilities are permitted to be located in all zones if
regulated by a conditional use permit.
2. That the location, size, design, and operating characteristics of
the project will be compatible with and will not adversely affect or
be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources, in that the facil ity wi 11 be
located on the west side of Kent Hill, which is distant from any
adjoining homes. The facility is self contained and needs minimal
maintenance, resulting in very few vehicle trips per year.
3. That the harmony in scale, bulk, coverage, and density is compatible
with adjacent uses, in that the facility will not exceed the height
of a single-family home, nor the height of an adjoining Cox Cable
microwave dish, and can be screened from view by landscaping and
existing boulders on the property.
4. That there are available public facilities, services and utilities
for the project.
5. That there will not be harmful effect upon desirable neighborhood
characteristics, in that servicing of the facility will not be
required more than once per month, therefore vehicle trips will be
minimal.
6. That the generation of traffic will not adversely impact surrounding
streets and/or the City's Circulation Element, as stated in IS
above.
EXHIBIT B
160
Resolution No. P- 95-48
Page 2
7. That the site is suitable for the type and intensity of the use, in
that it is an elevated site which provides adequate line of sight
for the operation of telecommunication broadcast and receiving
activities. The top of the hill is level and large enough to
accommodate the facility, as well as the installation of adequate
screening materials.
8. That there will not be significant harmful effects upon
environmental qual fty and natural resources, in that the area
proposed for installation is a cleared area which is completely
disturbed.
9. That there are no other relevant negative impacts of the project
which cannot be mitigated.
Section 3: Citv Council Decision:
The City Council hereby approves CUP 95-06 subject to the following
conditions:
1. Within 30 days of approval (1) 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.
2. The use conditionally granted by this permit shall not be conducted
in such a manner as to interfere with the reasonable use and
enjoyment of surrounding residential and commercial uses.
3. This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred'during the
past year. If the permit is not in compliance with the conditions
of approval, or the Planning Services Department has received
complaints, the required annual review shall be set for a public
hearing before the City Council, to consider modification or
revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. 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.
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k~~olution No. P-95-48
Page 3
4. The applicant shall restore the access easement to its original condition
following construction of the facility and shall participate in a road
maintenance agreement for the said private easement.
5. This approval shall become null and void if building permits are not
I ssued for this project with I n two years from the date of project
approval.
LANDSCAPE IMPROVEMENTS
1. Comp 1 ete landscape construct I on documents shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. Plans shall be prepared in accordance with City of
Poway Guide to Landscape Requirements (latest edition).
2. A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be
maintained in a horticulturally acceptable manner. Dead, decaying, or
potentially dangerous trees shall be approved for removal at the
discretion of the Planning Services Department during the review of the
Master Plan of existing on-site trees. Living trees which are approved
for removal shall be replaced on a tree-for-tree basis as required by the
Planning Services Department.
4 . All 1 andscaped areas shall be ma i nta i ned in a healthy and thri v I ng
condition, free from weeds, trash, and debris. The trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect -the public
safety. Unnatural or excessive pruning, including topping, is not
permitted.
EXISTING STRUCTURES
1. Existing building(s) shall be made to comply with current building and
zoning regulations, namely sheds, screens and enclosures, or they shall be
demolished, prior to building permit issuance for this project.
2. All existing accumulated trash and debris shall be removed prior to
issuance of building permits on the project.
In (L~." ~(,:\ f( )"\.)l~ i....
Marjorie K. Wahlsten, City Clerk
APPROVED and ADOPTED by the City Council of the City of Poway, State of
C.'i"..i., thi, ",d d"" ,.g"t'~
/' ...-" , der the penalty
o er mery. res ng lI~he above and
foregoing is a true and correct
copy of Resolution NoF-7S--9f';
8S adopted by the City Counc~ of
Poway, California on the ;20('Y
-day of~, 19~.
MARJORIE K. W AHlSTEN, CITY CLERK
bY:'yn~~ K 7Va.-i.>:L
ATTEST:
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162
Resolution No. P- 95-48
Page 4
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Marjori e K. Wahl sten, City Cl erk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-95-48 ,was duly adopted by the City Council at a meeting of said City Council
held on the 22 day of AUQust , 1995, and that it was so adopted
by the following vote:
AYES: CAFAGNA, EMERY, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CALLERY, HIGGINSON