Covenant Regarding Real Property 1994-0730445
.:
RECORDING REQUEST BY:
CITY OF POWA Y
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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uuC " 1994-0730445
27-DEC-1994 09=07 AM
(ffICIAL RECORDS
SAM DIEGO CIIOOY RECIJI(R'S OFFICE
GREGORY SnITH, COUHTY RECORDER
RF: 10.00 FEES: 22.00
AF' 11.00
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:378
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Robert Edward Kuta, a single man COWNER.. hereinafter) is the owner of real property described in
Exhibit A which is attached hereto and made a part her-eof and which IS commonly known as Assessor's Parcel
Number 314-133-22 ("PROPERTY hereinafter). In consideration of the approval of Variance 94-12 by the City
of Poway C.CITY hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit
BI.
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In the event that Variance 94-12 expires or is rescinded by City Council at the request of the OWNER,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 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:
Iv /'!-' 5'1
Dated: /01- /3 - "i cj
"
/!IJftJ I!r
Robert Edward Kuta, OWNER (Notarize)
CITY OF POWAY
By:
.....J.. -,J- ,,'r.', v, '.I"" _or./ _bl, ___ {./..
379
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 9 IN BLOCK 22 TOGETHER WITH THE EAST HALF OF THE VACANT ALLEY IMME-
DIATELY ADJOINING SAID LOT ON THE WEST, IN TRACT E OF POWAY, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP
THEREOF NO. 536, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 7, 1888.
. un_EXHIBIT A
CALIFORNIA ALL.PURPO!t.. ACKNOWLEDGMENT
380
No. 5907
State of
CALIFORNIA
County of
SAN DIEGO
On
December 19, 1994
before me,
KAYE L. VOCE
DATE
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared
ROBERT EDWARD KUTA
NAME(S) OF SIGNER(S)
[]I personally known to me - OR . 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(~ is/au1$:
subscribed to the within instrument and ac-
knowledged to me that he/slil~ executed
the same in his/~pq:; authorized
capacity(iU>j, and that by his/be<ci:il<l:eif
signature(s) on the instrument the person~,
or the entity upon behalf of which the
person(s) acted, executed the instrument.
~ ~ ~ A ~ ~ . . . ~ - - - ~I
I (i'.... KAVH.\IOCE
" ..,:.. COMM. # 1034S68 z
~ ; ,,:~'~J.i~." No1ary Public - Catifornio ~
z . ..;;.~.: SAN DIEGO COUNTY I
J . .' My Comm. Expires SEP 3.1998
~ ~ ~- ~ ~ ~ ~ ~ - - - -
WITNESS my hand and official seal.
r\1~;TUREO~~AR~ cPL
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
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
COVENANT REGARDING REAL PROPERTY
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
2
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
12-19-94
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Reba Wright-Duastler
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
381
RESOLUTION NO. P- 94-61
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 94-12
ASSESSOR'S PARCEL NUMBER 314-133-22
WHEREAS, Vari ance 94-12 submi tted by Robert Kuta, appl icant, requests
approval to allow the construction of a storage shed within the required five
foot side yard setback. The property is located at 13820 Pomerado Road, in the
RS-7 zone; and
WHEREAS, on December 13, 1994, 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 I: Environmental Findinqs:
The City Council finds that Variance 94-12 is exempt under the provisions
of the Cal ifornia Environmental Qual ity Act. Categorical Exemption Class
5, a minor alteration to land use limitations.
Section 2: Findinqs:
1. The proposed project is consistent with the general plan in that it
proposes the construction of an accessory building for storage,
serving a residence on a site which is designated for residential
uses.
2. That there are special circumstances applicable to the property, and
because of this, the strict application of the Zoning Ordinance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
The special circumstances are that the property slopes from rear to
front, west to east at approximately 15 to 18 percent gradient. The
lot is terraced to a 11 ow for the sit i ng of the house, garage and
parking area, but there is very 1 ittle usable yard area. Nearly
half of the back yard is occupied by a covered patio. The rest is
sloping.
3. The granting of 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.
The variance will allow the applicant to site the storage building
in a convenient part of the rear yard, taking advantage of a sloping
area which could otherwise not be used.
EXHIBIT B
382
Resolution No. P-94-61
Page 2
4. That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, nor
injurious to the property or improvements in such a vicinity and
zone in which the property is located, in that a long standing
drainage problem pertaining to this lot, and the neighboring lot to
the south will be improved as a result of completion of this
project.
5. That the granting of this variance does not constitute a special
privilege inconsistent with the 1 imitations upon other properties in
the vicinity and zone in that, other lots in the immediate area have
more usable yard area.
6. That the granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by the zoning
development regulations governing the parcel or property in that the
proposed project is the construction of an accessory structure to a
residence in the Residential Single-Family 7 zone.
Section 3: City Council Decision:
The City Council hereby approves Variance 94-12 subject to the following
cond it ions:
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 ovmer sha 11 execute a Covenant on Real Property.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
COMPLIANCE SHALL BE
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.
4. The exterior of the building shall be covered with materials which are
architecturally compatible with that of the main house.
5. The metal lean-to which is presently attached to the south side of the
garage shall be removed, and the garage shall be restored to its original
condition.
383
Reso 1 ut i on No. P-94-61
Page 3
6. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of December, 1994.
~
Don Higginson,
ATTEST:
STATE OF CALIFORNIA
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of I*PY. ... 1M .Iao.... _
foregoing is a ..... ~Q/~/
copy 01 ResoLmon Noi?~
as adopted by the City COuncIl 01
Poway, California on the /3H,
day 0110~ .19 2ft-.
MARJORIE K. WAHLSTEN, CITY CLeRK
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Marjocie K. Wahlsten, City Clerk
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COUNTY OF SAN DIEGO
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-94-61 , was duly adopted by the City Counc i 1 at a meet i ng of sa i d City Counc i 1
held on the 13th day of December , 1994, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
'-nICl~;l~,- k 1lJo...i'-':> it:-
Marjorie\K. Wahlsten, City Clerk
City ~f ~way