Covenant Regarding Real Property 1994-0720954
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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1291
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2l DEC-1994 "0~04 AM
OFfICIAL RECORDS
SAM DIEGO COUNTY RECORDER'S OFFICE
GREGORY SftITH, COUIITY RECORDER
RF: 10.00 FEES:
AF= 11. 00
"F= 1. 00
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Stephen and Susan Luckham COWNERs'. hereinafter) are the owners 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
278-301-15 ("PROPERTY" hereinafter!. In consideration of the approval of Variance 94-07, Stephen and Susan
Luckham, Applicants by the City of Poway CCITY'. 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In the event that Variance 94-07 expires or is rescinded by City Council at the request of the OWNERs,
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 OWNERs.
Dated /YD/h Y
Dated /;2.-) 0 - q t.J
Dated: /1-1.5-:-<iY
Susan Luckham, OWNER (Notarizel
CITY OF POWAY
By: ~ tJiff - cI/A.CJ:> ~
LEGAL DESCRIPTION
1292
That.portion of the Southeast Quarter of Section 32, Township 13 South,
Range 1 West, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to Official Plat thereof, described
as follows:
BEGINNING at the Southwest corner of the Northwest Ouarter of said South-
east Quarter of Section 32; thence along the West line\ of said Northwest
Quarter, North 02032'07" J;:ast, 391.22 feet to the Hesterly prolongation of
the Southerly line of that parcel of land conveyed to Douglas C. Kingman
and wife, by Deed recorded September 13, 1954, as Document No. 121881, in
Book 5361, Page 264 of Official Records, said Southerly line being also the
Northerly line of that certain tract of land conveyed to George E. Koster
by Deed recorded in Book 6674., Page 389 of Official Records; thence along
the Northerly line of said Koster land South 89042' 57" East, 942.67 feet
to a point which bears North 89042' 57" Hest, 418.00 feet from the North~ ..
easterly corner of said Koster land; thence leaving said Northerly line
South 11016' 50" '''est, record South 11027'11" West, 280.49 feet to the TRUE
POINT OF BEGINNING; thence North 89004'10" West, 378,88 feet; thence South
27028'10" West, 56.42 feet; thence South 61028'10" \Vest, 145.19 feet; thence
South 19020' 10" West, 153.53 feet to a point which is South 00011' 00" East,
145.50 feet from the Northeasterly corner of the land described in the Deed
to Emil B, Aslesen, et ux, recorded Harch 17, 1952 as Document No. 32580;
thence along the Easterly line of said Aslesen's land, South 00011'00" East,
80.00 feet; thence North 57020'00" East, 200.00 feet; thence North 83022'30"
East, 380.00 feet to a line which bears South 11016' 50" Wes.t, record South
11027'11" West, 190,00 feet from the True Point Of Beginning; thence North
11016'50" East - Record North 11027'11" East - a distance of 190.00 feet
to the TRUE POINT OF BEGINNING.
EXHIBIT A
CALIFORNIA ALL.PURPOSL ACKNOWLEDGMENT
1293
State of: CALIFORNIA
County of: SAN DIEGO
On tJ~'eCPlIJg-1L /pTrfI99'f
DATE
before me, Daryle N. Larsen - Notary Public
personally appeared
)ltFfJlit:"/J L..<.fCJC#I9Hf AI.!/) )uf"AJ-I L..~c-t::.H/I#I
NAMEIS' OF SIGNER{SI
o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name~) is/are
- -
subscribed to the within insrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(jesl. and that by his/her/the.ir
signature!l!) on the instrument the personts),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
!~DA~
/IS NOTARV
~ COMM. NO. IQ3.IIIeO _
SAN DIEGO
I MYCOMM.EXP.SEP.26, 19\IIJ
WITNESS my hand and official seal.
A.Ld~
/ SIGNATURE OF NOTARY
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
121 INDIVIDUAl(S)
o CORPORATE OFFICER(S)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT:
CtPvt::A/Ifi>/T ~t:6/1"-hN6- ~aL. /;t,4;Jl!"ll.rY
TlTlEIS)
o PARTNER(S)
o LIMITED
o GENERAL
NUMBER OF PAGES:
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERT A TOR
o OTHER:
-;J..
DATE OF DOCUMENT:
'2) .re., ; (/ Tn; r9 t/
SIGNER IS REPRESENTING:
NAME OF PERSONfS) OR ENTITY(lESI
SIGNER(S) OTHER THAN NAMED ABOVE:
/fh,J IS
RESOLUTION NO. P- 94-54
1294
A RESOLUTION OF THE CITY COUNCIL
OF THE. CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 94-07
ASSESSOR'S PARCEL NUMBER 278-301-15
WHEREAS, Variance 94-07 submitted by Stephen and Susan Luckham, applicants,
requests approval to allow a two story detached garage/guest house to be built
on a property with an existing single story residence. The property is located
at 15032 Eastvale Road within the High Valley Rural Residential B zone.
WHEREAS, on November 15, 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 1: Environmental Findinqs:
The City Council finds that Variance 94-07 is exempt from the provlslons
of the California Environmental Quality Act, Categorical Exemption Class
5 and I, as the project is the construction of an addition onto an
existing dwelling (Class I) and a minor alteration to land use limitations
(Cl ass 5).
Section 2: Findinqs:
I. The proposed project is consistent with the General Plan in that it
proposes the construction of a detached garage/guest house on 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 special circumstance is that the property is moderately sloping
so the project has been designed as a two story structure to
minimize the building footprint and therefore the amount of
disturbance to the hillside.
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.
The variance will allow the applicant to construct a 21 foot high
two story detached garage/guest house which is in keeping with the
size of other residences found in the vicinity.
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
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1295
Resolution No. P-94-54
Page 2
5. That the granting of th.is 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 a rural
area where many of the properties have been developed with accessory
structures like barns which exceed the height of the primary
residence.
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 Rural Residential-B zone.
Section 3: City Council Decision:
The City Council hereby approves Variance 94-07 subject to the following
conditions:
1. Withi n 30 days of approval: (1) the app 1 i cant shall submi tin
writing that all conditions of approval have been read and
understood; and (2) the property owner shall execute a Covenant on
Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOllOWING CONDITIONS:
1. The site shall be developed in accordance with the approved site plan and
elevations on file in the Planning Services Department.
2. The appropriate Building Department approvals shall be received prior to
initiation of construction.
3. Water, sewer, and fi re protect i on systems plans shall be des i gned and
constructed to meet requirements of City of Poway.
4. low flow plumbing fixtures are required in all new construction.
5. Self-generation water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
6. This permit shall become null and void on November 15, 1996, if building
permits have not been issued.
7. The guest house shall never be rented or leased and kitchen facil ities
shall not be installed without first receiving the necessary approvals
from the City.
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1296
Resolution No. P-94-54
Page 3
APPLICANT SHALL CONTACT THE DEPARTKENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Roof covering shall be fire retardant as per UBC Section 3203(e) and City of
Poway Ordinance No. #64.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15th day of November, 1994.
-~"
Don Higginson, M~
ATTEST:
STATE OF CALIFORNIA
I hereby cer6fy, under the penalty
of perjury, that the above and
loregoing is a 'rue and correct
copy of Resolution No.r--<?l/ -S'f
as adopted by the City Council of
Poway, Cat.~ the J.(..tt:,
day of 7lt" , 19.2!1:-.
MARJORIE K. W AHLSTEN, CITY CLERK
by:~ M(~~
I, Mar jori 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-94-54
_____, was duly adopted by the City Council at a meeting of said City Council
held on the ~ day of November , 1994, and that it was so adopted by
the following vote:
:N~
Wahlsten, City Clerk
COUNTY OF SAN DIEGO
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) SS.
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AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
NONE
NONE
k~L
e K. Wahlsten, City Clerk
P way
E:\CITY\PLANNING\REPORT\VAR9404.RES
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