Covenant Regarding Real Property 1994-0661677
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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pa~ " 1994-0661677
16-HOV-1994 08=33 AM
OFFICIAL RECOROS
SAM OIEGO COUMTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 11. 00 FEES:
AF: 13.00
MF: 1.00
472
25.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Gerald R. Burgreen and Sharon R. Burgreen, Husband and Wife as Joint Tenants ("OWNERs" hereinafterl
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 321-180-72-00 ('.PROPERTY hereinafter). In consideration of
the approval of MORA 94-42 by the City of Poway (TITV'. hereinafter), OWNERs hereby agree 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In the event that MDRA 94-42 expires or IS rescinded by City Council at the request of the OWNERs, CITY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 ~ 0 I qt(
Dated:
\\\ h,)\ Q4
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Dated: /~;//-9,/
r Id R. Burgreen, OWNER (Notarize I
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Sharon R. Burgreen, OWNER (I~-e!arizel
CITY OF POWAY
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By i1L.- tJ~1- tA~~ ~
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473
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA;
COUNTY OF SAN DIEGO, CITY OF POWAY,. AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 4 OF PARCEL MAP 9919, FILED APRIL 17, 1980 AS FILE
NO. 80-131562, BEING A DIVISION OF A PORTION OF THE NORTH
HALF OF LOT 3 IN SECTION 7, TOWNSHIP 14 SOUTH, RANGE 1
WEST, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
EXCEPTING THEREFROM ALL THAT PORTION OF PARC~L 4 DESCRIBED
AS FOLLOWS:
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 9919, LYING
WESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 4; THENCE
NORTH 88"11'21" WEST, 377.48 FEET TO THE SOUTHEAST CORNER
OF PARCEL 3 OF PARCEL MAP 9919, BEING ALSO THE TRUE POINT
OF BEGINNING; THENCE NORTH 01"52'39" EAST, 188.00 FEET;
THENCE SOUTH 88"07' 21" EAST, 153. 00; THENCE NORTH 01 "52' 39"
EAST, 98.68 FEET TO 215 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY,
THE RADIAL OF SAID CURVE BEARING NORTH 29"29' 05" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE, 104.64 FEET, THROUGH
A DELTA OF 27"53'09" TO A TANGENT CURVE CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 185.00 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE, 179.18 FEET, THROUGH A DELTA OF 55"29'35";
THENCE SOUTH 04"55'18" EAST, 5.04 FEET TO THE NORTHEAST
CORNER OF PARCELS 3, BEING AN ANGLE POINT ON SAID PARCEL
4; THENCE SOUTH 8"13'44" EAST ALONG THE WESTERLY LINE OF
SAID PARCEL 4 TO THE TRUE POINT OF BEGINNING.
EXHIBIT A
474
. ,CALIFORNIA ALL.PURPOS~ ACKNOWLEDGMENT
No. 5907
r'::"c'~,",",,"",;=;~;;l_E L. EVERSON r
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State of G (,\ ~; f.
County of ~ (\A.J 0 \ p~ 0
On \ \ - lO <; \-! before me (\\; ch -eJ ~ l, Eo \j e (t rN
, ,
DATE n \ ,0 (') NAME TITLE OF OFFICER - E G, "JANE DOE NOTARY PU\BlIC-
personally appeared ::::::N\ (\(lb'l~ "'. \.:yef\ A-l\~ (2, (\\) (\:;... r e €.f\.) ,
NAME(S) OF SIGNER(S) .J
D personally known to me . OR - 9(proved to me on the basis of satisfactory evidence
to be the personc)ci whose name(s) is~
subscribed to the within instrument and ac-
knowledged to me that he/shE{[meYJ!xecuted
the same in his/her(fhelrjauthorized
capacity(ies), and that by his/her~-
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
\~~.~
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
r1IlNOlvlDUAL
EJ' CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
Co \Je~
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
D PARTNER(S)
D LIMITED
o GENERAL
d--
o ATTORNEY-IN-FACT
D TRUSTEE(S)
o GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
"\\-\O<:1L(
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
~c -
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONAlNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
475
RESOLUTION NO. P-94-50
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT 94-42 (HILLSIDEjRIDGELINE)
ASSESSOR'S PARCEL NUMBER 321-180-72
WHEREAS, Minor Development Review 94-42 (HillsidejRidgeline), submitted by
Jim Faaborg, applicant, requests approval for the construction of a 4,840 square
foot single family home and 1,008 square foot barn, located at the northwest
corner of Tierra Bonita Road and Donart Drive, in the RR-AjRR-C zone; and
WHEREAS, on October 11, 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 Minor Development Review 94-42 (HillsidejRidgeline)
is exempt from the provisions of the California Environmental Quality Act,
Categorical Exemption Class 3, as the project is the construction of a new
single-family home and accessory building.
By local ordinance, the areas disturbed in the construction process which contain
Coastal Sage Scrub pl ant community are to mitigated through the on-site
dedication of equal or better quality habitat, at a 2:1 ratio.
Section 2: Findinqs:
1. The proposed project is consistent with the general plan in that it
proposes the construction of a single-family residence and accessory
structure on a site which is designated for residential use.
2. That the proposed development will not have an adverse aesthetic, health,
safety or architecturally related impact upon adjoining properties, in
that the home will be sited in front of the hillside so as to help conceal
graded cut slopes. A planting plan will provide for full revegetation of
all visible slopes.
3. That the proposed development is in compliance with the Zoning Ordinance,
in that it complies with the property development standards of the RR-
AjRR-C zones.
4. That the proposed development encourages the orderly and harmoni ous
appearance of structures and property within the City, in that the
surrounding properties consist of large rural residential lots with widely
spaced hillside homesites.
Section 3: Citv Council Decision:
The City Council hereby approves Minor Development Review 94-42
(HillsidejRidgeline) subject to the following conditions:
476
Resolution No. P-94-50
Page 2
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.
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 Pl anning 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. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
5. 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.
6, Planting on the slope behind the house and on the sides of the driveway
shall be designed and installed so as to transition into the native
vegeta t ion in comp 1 i ance with adopted City 1 andscape gu i del i nes . The
installation of slope planting and irrigation shall be completed prior to
building occupancy.
7. On-site dedication of Coastal Sage Scrub shall be accomplished in
accordance with the conditions contained in the approval of Tentative
Parcel Map 93-01, prior to building permit issuance.
8. An affordable housing "in-lieu" fee shall be paid prior to building permit
issuance.
9. This approval shall become null and void if building permits are not
issued for this project by October 10, 1996.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED, COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. A grad i ng plan for the development of the property shall be submi tted to
the City's Engineering Services Department for review and approval prior
to issuance of the grading permit and start of grading operation. Rough
477
Resolution No, P-94-50
Page 3
grading of the site must be completed and shall meet the City's
Engineering Services inspector~s approval prior to issuance of a building
permit.
2. A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the publ ic street
right-of-way or any City-held easement. Said work shall include, but is
not to be 1 imited to, construction of driveway approach, sewer lateral
installation, water service line installation, street construction
(including concrete curb, gutter and sidewalk). Permit shall be obtained
prior to start of work.
3. Leach field layout or seepage pit layout for the residence sewage disposal
system shall be submitted to the City's Engineering Services Department
for review and approval by the City Engineer prior to obtaining a septic
system installation permit from the County of San Diego Department of
Health. If a septic system installation permit had been obtained without
a City approved layout, one shall be submitted prior to installation of
leach lines.
4. Please contact Engineering Services for payment of water, drainage, sewer,
traffic mitigation and park fees prior to building permit issuance.
a) Drainage Fee of $1,570.00
b) Traffic Mitigation Fee of $990.00
c) Park Fee of $2,550.00
d) Water Fees based on a 3/4" meter are:
. Meter - $130.00
· Base Capacity Fee - $3,710.00
· San Diego County Water Authority - $1,413.00
· Lateral Fee - $1,350.00
5. A grading plan shall be drawn at a 1" = 20' scale or larger.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance #64.
2. Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast wi th thei r background. Address
shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
478
Reso 1 ut i on No. P- 94-50
Page 4
4. The access roadway shall be extended to within 150' of all portions of the
exteri or wa 11 s of the fi rst story of any bu il ding. Where the access
roadway cannot be prov i ded, approved fi re protect i on system( s) sha 11 be
provided as required and approved by the chief.
5. A residential fire sprinkler system shall be installed in this new house.
6. A one- inch water meter is requ i red to supply the res i dent i a 1 fi re
sprinkler system.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Improve and dedicate the trail along Tierra Bonita and Old Stage Coach Road
routing through property along water utility easement.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 11th day of October 1994.
COUNTY OF SAN DIEGO
the penallv
perjury, that the above and
foregoing i. a trua and correct
copy of Resolution NoP.-'1J/-S;O
as adopted by the City Council of
Poway, Ca~ the j /~
day oI(!I _ ,19~.
MARJORIE K. WAHlSTEN, CITY CLERK
by,Yltv.,,"., c:l'4/i . ~ f)'fl<,7;;
. I (J
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-94-50 , was duly adopted by the City Council at a meetin9 of said City Council
held on the 11 day of October , 1994, and that it was so adopted
by the following vote:
Don Higginson,
ATTEST:
)nOM~ k 1\)~~
Marjor\e '\' Wahlsten, City Clerk
~
STATE OF CALIFORNIA )
)
)
SS.
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE