Covenant Regarding Real Property 1994-0661675
CITY OF POWAY
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[ T << 1994-0661675
16-HOU-1994 08:33 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECORDER
RF: 8.00 FEES:
AF: 7.00
MF: 1.00
16.00
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(ThiS space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
James M. and Diana L Jim Gilliam ("OWNERs" 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 273-820-29 ("PROPERTY" hereinafter). In consideration of the approval of Minor
Development Review 94-29 by the City of Poway ("CITY" hereinafter). OWNER hereby covenants and agrees
for the benefit of the CITY, to abide by conditions of the attached letter of approval (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In the event that Minor Development Review 94-29 expires or is rescinded by City Council at the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: \ \-8-9-t
Ja- :J?1 , d?L-
~es M. Gilliam
05WNER (Notarize)
7
Dated: \\-8, -<'iLl
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CITY OF POWAY
Dated //- ~/ 9t(
By ~ 4.J~ - t/~~
LEGAL DESCRIPTION
EXHIBIT A
461
THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
LOT 3 OF CITY OF POWAY TRACT NO. 87-05, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12429 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY JULY 28, 1989.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of ffiLL~.. ill "11 }
County of ~f'i. D\Q~D
On \\_?,C)<-\ before me "?--"lr'f\ 1\). \tni-5\Q.( \.))-\Q,1juPu.bh,
. DATE ' I \ NAME, TITLE OF OFFICER _ E.G., "JANE doe, NOTARY puElIC'
personally appeared ::JO.mDS r(\ Wlu:vn r, f\ d QIClJ'(\ L c;: J.l ~nm ,
NAME(S) Of SIGNER(S)
o personally known to me . OR - ~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) itiare
subscribed to the within instrument ari~ ac-
knowledged to me that h)(i~elthey executed
the same in hWt\.t'r/their authorized
capacity(ies), and that by hJ(/~r/their
signature(s) on the instrument the person(s).
or the entity upon behalf of which the
person(s) acted, executed the instrument.
Kim M. Pontsler t
Co,"",. .1009925 ~
NOTARV P\JBUC - C1IUFOAH
SAN DIEGO COUIffi'
Comm. Expife$ Nov. 21, 1t97 ....
d official seal.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
DATE OF DOCUMENT
NUMBER OF PAGES
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
No. 5193
_ OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fm in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMiTED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
~1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
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EXHIBIT B
462
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CITY OF POWAY
DON HIGGINSON, Mayor
BOB EMERY, Deputy Mayor
B. TONY SNESKO, Councilmember
SUSAN CALLERY, Councilmember
MICKEY CAFAGNA. Counci!member
July 18, 1994
Mr. & Mrs.
16883 st.
Poway, CA
Jim Gilliam
Andrews Drive
92064
SUBJECT: MDRA 94-29
Af'tJ: ,)..13- ~ z.o.- 2-"1
Dear Mr.& Mrs. Gilliam:
Pursuant to section 17.52.040 of the Municipal Code and ordinance
303 and 304, your request for the construction of a 885 square foot
guest house at 16883 st. Andrews Drive, located in the RS-2 zone
has been approved subject to the following conditions:
1. The appropriate Building Department approvals shall be
received prior to initiation of construction.
2. School impact fees shall be paid prior to issuance of building
permits. The current rate is assessed at $1.72 per square
foot.
3. Low flow plumbing fixtures are required in the new structure.
4. No fence or freestanding wall shall exceed six feet in height.
5. All new utilities serving the guest house shall be installed
underground and be served from the main house's service.
6. A deed covenant shall be recorded, prior to final building
occupancy, over the subject property which restricts the
installation of a kitchen and also prohibits the rental of the
unit.
~. The following improvements shall be constructed to the
satisfaction of the Director of safety services:
a. 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 No. 64.
b. 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 with their background. Address
may be required at private driveway.
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City Hall Located at 13325 Civic Center Drive
Mailinq Address: P.O. Box 789, Powal}. California 92074-0789 . (619) 748-6600, 695-1400~
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Gilliam - MDRA 94-29
Page 2
c. Each chimney used in conjunction with any fire place
shall be maintained with a spark arrester.
8. The following improvements shall be constructed to the
satisfaction of the Director of Engineering services:
a. The applicant shall pay a $500 inspection fee to the City
Engineering Services Department prior to building permit
issuance. Such fee is to be used to pay for City
Inspector's time in making necessary inspections of the
project site that are requir~d prior to issuance of said
building permit and/or certificate of Occupancy.
b. The site was graded per City approved grading plan G549-
89. Any modification to the approved grading which will
resul t in the movement of more than 50 cub ic yards
requires a grading permit to be obtained prior to start
of the grading operation. Additional inspection fee may
be required.
If you have any questions, please contact me at (619) 679-4294.
Sincerely,
yu~;'- U~V;&--
Marijo Van Dyke, AICP
Associate Planner
MVD\MDRA9429 _ L TR