Covenant Regarding Real Property 1994-0319223
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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755
L~~ " 1994-0319223
13-MAY-1994 01=12 PM
OFFICIAL RECOROS
SAN OIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 10.00 fEES: 26.00
AF: 15.00
MF: 1.00
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
!This space for Recorder's Usel
COVENANT REGARDING REAL PROPERTY
Oscar Medina and Rosa L. Medina ("OWNER" hereinafter) is the owner 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 317-241-49 ("PROPERTY" hereinafter). In consideration of the approval
of MDRA 93-67 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 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In the event that MDRA 93-67 expires or is rescinded by City Council at the request of the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:
57/"/7<;
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d~7
d.A ~ .
'Oscar Mediri'a, WN~otariZe)
Rosa~~'~R ~+
Dated:
<.> /;0/ <f Y
CITY OF POWAY
Dated:
April 5. 1994
By:
~ ~A7rY -t/~..
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
NAME, TITLE OF OFFICER - E.G., "JA E
n A/Lei r 0 ~ L. merl/ tUl
NAME(S) OF SIGN (5)
D personally known to me - OR - []J..p-r6ved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) ~
subscribed to the within instrument and ac-
knowledged to me that~e executed
the same in 1:Ni>/~r he' authorized
capacity(ies), and that y hMtAoe@
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
State of
Q
County of 'Sa /Y'I 0; ~
On5/ ID / q~ before me
I DATE' '
personally appeared O~.-
. OFFICIAL SEAL
. , SANDI L DUIAN
Q) . JIOTMV PUBUt . CAUfORfU
Wi DIEGO COUNTY
, My C)Imm. EJujlrlS Sept. 19.1995
}
756
WITNESS my hand and official seal.
So~~~Q~
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES
DATE OF DOCUMENT
No.S193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
(9-tt<rOIVIDUAL
D CORPORATE OFFICER(S)
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES)
~
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE r\)~
@1992NATIONALNOTARY ASSOCIATION -8236 Remmel Ave.. P.O. Box 7184. Canoga Park, CA 91309-7184
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757
ORDER NO. 9302636-'1'
, POLICY NO, SP 101-139186
CIr!'A STANDARD FOLlCY
Schedule A
(continued)
4. The larrl referred to in this policy is describEd as follC1NS:
'Ihe larrl is situated in the
state of California
County of SAN DIEro
PARCEL 1:
'!HAT EOmON OF lAND LY1NG WI'lliIN RECORD OF SURVEY MAP NO. 5487, FIlED IN '!HE OFFICE
OF '!HE CXJUNl'Y RECDRDER OF SAN DIEro CXJUNl'Y, APRIL 18, 1960, SAID REXX>RD OF SURVEY
BEING A DIVISION OF A FORI'ION OF '!HE SOO'IHEAST c;pARTER OF SECI'ION 22 AND OF '!HE
SOUI'HWEST QUARI'ER OF SECI'ICN 23 ALL BEING IN ~ 14 SOUIH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN '!HE CITY OF "f.'CMAY, CXJUNl'Y OF SAN DIEro, S'TI\TE OF CALIFORNIA,
ACCORDING TO OFFICIAL PIAT 'IHERIDF, DESCRIBED AS FOUGB:
IID3INNING Kr '!HE SCXJI'HEAST CDRNER OF SAID RECORD OF SURVEY MAP NO, 5487; '!HENCE AIDNG
THE B:JUNDI\RY LINE OF SAID RECORD OF SURVEY MAP, SOUIH 89042'00" WEST, 487.44 FEET;
THENCE CDN'I'JmJ1NG AIDNG SAID B:::iUNDARY LINE, SOUIH 89'42'00" WEST, 145.11 FEET TO AN
ANGIE EOINI' THEREIN; '!HENCE CDNTINUING AIDNG SAID B:JUNDI\RY LINE NORIH 0018'00" WEST
44.00 FEET TO THE TRUE EOINl' OF BEGINNING; '!HENCE CX>N1'INUING AIDNG SAID BXJNI:1ARY LINE
LINE AS FOLLOWS:
SOUIH 89041'58" WEST 203.54 FEET, SOUIH 82032'30" WEST, 65,89 FEET TO THE SOUI'HWEST
CDRNER OF SAID RECORI:S OF SURVEY MAP, NORTH 32024'32" F1IST, 120.51 FEET TO AN ANGIE
EOINI' THEREIN AND NORl'H 00'27'30" WEST 63.03 FEET TO A EOIN!' ON '!HE CENTER LINE OF A
60.00 roar ROAD EASEMENT, AS SHCMN ON SAID RECDRD OF SURVEY MAP NO. 5487, AISO BEING
A EOIN!' ON A 200.00 roar RADIUS CURVE, CONCAVE SOUIHERLY, A RADIAL LINE WHIaI BEARS
NORI'H 14039'05" WEST TO SAID EOIN!'; '!HENCE AIDNG '!HE CENrER LINE OF SAID 60,00 roar
ROAD EASEMENT, AS FOILOOS: EASTERLY AIDNG '!HE ARC OF SAID CURVE 'IHRCVGH A CENTRAL
ANGIE OF 19021'05", A DISTANCE OF 67.55 FEET AND saJlli 85018'00" EAST, 137.49 FEET TO
A LINE WHIaI BEARS NORI'H 00 '18' 00" WEST FRCM '!HE TRUE EOIN!' OF BEGINNING; '!HENCE
SOUIH 00'18'00" WEST, 149.72 FEET TO '!HE TRUE >DIN!' OF BEGINNING.
PARCEL 2:
AN EASEMENT AND RIGHI' OF WAY FOR ROAD, SEWER, WATER, GAS, ro-IER AND TEIEFHONE LINES
AND AProRI'ENANCES 'IHEREl'O OVER, UNDER, ALONG AND ACROSS 'IHJSE <:::ERrAIN OF Sl'RIPS OF
lAND SHCMN ON RECORD OF SURVEY MAP NO. 5487, FIlED IN '!HE OFFICE OF '!HE CXJUNl'Y
RECORDER OF SAN DIEGO CIXJNl'Y, APRIL 18, 1960 AS "EXISTING 30.00 F'OCfr ROAD EASEMENI'"
IID3IN EOmONS OF '!HE sa1IHWEST QUARI'ER OF SECI'ION 23, 'IaVNSHIP 14 SOUIH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, IN '!HE CXJUNl'Y OF SAN DIEro, S'TI\TE OF CALIFORNIA,
ACCORDING TO OFFICIAL PIAT 'IHERIDF.
EXHIBIT A
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758
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ORDER NO, 9302636-'1'
I roLI~ NO, SP 101-139186
LEX3AL DESCRIPITON OONI'INUED
PARCEL 3:
AN EASEMENT AND RIGHI' OF WAY FOR ROAD, SEWER, WATER, GAS, ro'IER AND TEIEmONE LINES
AND APRJRI'ENANCES 'IHEREID OVER, UNDER, ALONG AND ACRJ::lSS A STRIP OF !AND 60.00 FEE:!' IN
WIDlH lXING WI'lliIN THE SOOTHWEST ~ OF SECI'ICN 23, 'IO'INSHIP 14 SCXJIH, RANGE 2
WEST, SAN BERNARDllK> MERIDIAN, IN THE caJNI'Y OF SAN Dnx:;o, smTE OF CALIFORNIA,
ACCORDING 'ID THE OFFICIAL PlAT 'IHEREPF, THE CENI'ER LINE OF SAID smIP BEING DESCRIBED
AS FO:ucms:
BEX;INNING AT THE MJST E'J\STERIX roRNER OF REOJRD OF SURVEY MAP NO. 5440, FIlED IN THE
OFFICE OF THE a:JUNTY RECORDER OF SAN Dnx:;o CXXJNI'Y, APRIL 18, 1960; '!HENCE NORIH
89'42'00" EAST AIDNG A LINE WHIaI IS ro:mr 1\FI'ER AND 30.00 FEE:!' SCUIHWES'I'ERIN OF AND
MEASURED AT RIGHI' ANGlES 'IO THE CEN.I'ER LINE OF caJNI'Y HIGHWAY cx::t1MISSION, MISSION
ROAD 1A (40.00 FEET WIDE) ACCORDING 'ID PlAT 'IHEREDF ON FIlE IN THE OFFICE OF THE
a:JUNTY SURVEYOR OF SAN Dnx:;o CDUNI'Y. SAID ElISEMEN!' 'IO BEX;IN IN THE NORIHEASTERLY
LINE AND THE SOOlliEASTERLY PROLONGATION 'IHEREDF, OF SAID RECDRD OF SURVEY MAP NO.
5440 AND 'ID TERMINATE FASTERLY IN SAID PARALIEL LINE I1\ST AOOVE DESCRIBED.
PARCEL 4:
AN EASEMENI' FOR SEWER AND WATER LINES OVER, UNDER, ALONG AND ACROSS A STRIP OF lAND
10.00 FEE:!' IN WIDlH, lXING WI'IHIN '!HAT roRI'ION OF lAND lXING WI'IH REO:>RD OF SURVEY
MAP NO. 5487, FIIED IN THE OFFICE OF THE CXXJNI'Y REXX>RDER OF SAN Dnx:;o a:JUNTY, SAID
RECDRD OF SURVEY BEING A DIVISION OF A roRI'ION OF THE SCXJlliEAST ~ OF SECITON 22
AND OF THE sotJIHWEST ~ OF SECTION 23 AIL BEING IN 'IO'INSHIP 14 SCXJIH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, IN THE CXXJNI'Y OF SAN Dnx:;o, smTE OF CALIFORNIA,
ACCXJRDING 'IO OFFICIAL PIAT 'IHEREX)F, THE samJERLY AND WESTERLY LINE BEING DESCRIBED
AS FO:ucms:
BEGINNING AT THE saJIHEAST CDRNER OF SAID REXX>RD OF SURVEY MAP NO. 5487; 'lliENCE AIDNG
THE :BJUNDlIRY LINE OF SAID RECORD OF SURVEY MAP, SCXJIH 89'42'00" WEST, 487.44 FEE:!';
'lliENCE CDNTINUING ALONG SAID :BJUNDlIRY LINE, SCXJIH 89.42'00" WEST, 145.11 FEE:!' 'IO AN
ANGIE ro:mr THEREIN; 'lliENCE <XJNTINUING AI.ONG SAID IaJNDi'.RY LINE, NORIH 00.18'00" WEST
44,00 FEE:!'; 'lliENCE NORIH 00.18' 00" WEST 10.00 FEE:!' 'IO THE TERMINATING ro:mr OF SAID
EASEMENT .
SAID EllSEMENI' IS 'ID TERMINATE EI\STERLY ON THE EASTERLY LINE OF SAID RECDRD OF SURVEY
MAP NO. 5487.
3/9/93
RG
'759
RESOLUTION NO. P-94-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 93-67 HILLSIDEjRIDGELINE
ASSESSOR'S PARCEL NUMBER 317-241-49
WHEREAS, Minor Development Review 93-67, Hi11sidejRidgeline, Oscar and Rosa
Medina, appl icants, requests approval to construct a 3,500 square foot, two-story
home at 12219 Old Stone Road, in the RS-2 zone; and
WHEREAS, on April 5, 1994, the City Council held a 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 Findinos:
This project is not subject to environmental review. It is exempt under
Category 3 of the CEQA guidelines which includes the construction of new
single-family residences.
Section 2: Findinos:
1. The proposed project is consistent with the general plan in that the
proposed use is single-family residential and the General Plan
designation is Residential Single-Family 2.
2. That the proposed project wi 11 not have an adverse aesthet i c,
health, safety, or architecturally rel ated impact upon adjoining
properties because the overall height of the home is less than 25
feet, and the pad elevation will be lowered two feet to allow for
the preservation of neighbors' views.
')
3.
That the proposed project is in compliance with the Zoning
Ordinance, in that it complies with all applicable property
development standards of the RS-2 zone.
4. That the proposed project encourages the orderly and harmonious
appearance of structures and property wi th i n the City, in that
surrounding lots have been developed similarly with single-family
homes.
Section 3: Citv Council Decision:
The City Council hereby approves Mi nor Development Revi ew 93-67
HillsidejRidgeline, subject to the following conditions:
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.
EXHIBIT B
760
Resolution No. P-94-16
Page 2
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, grading 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. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
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1. A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval prior
to issuance of a grading permit and start of grading operation. Rough
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.
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 limited to, construction of driveway approach, sewer lateral
installation, water service line installation, street construction.
Permit shall be obtained prior to start of work.
2.
3. The private road adjacent to and/or within the property commonly referred
to as Old Stone Road, shall be improved to City of Poway's Non-Dedicated
Road Standards per Ordinance No.280.
The property's frontage along Old Stone Road shall be widened to 18 feet
of paved surface. In addition, the pot holes at the intersection of Old
Pomerado Road and Old Stone Road shall be repaired and transition sections
installed as the road enters and exits the subject lot. This work shall
be completed prior to issuance of building's Certificate of Occupancy.
4. Insta 11 a temporary sewer connect i on. A "temporary sewer connect i on
agreement" was approved on June 22, 1982 and recorded August 16, 1982. A
calculation of current sewer fees will be provided upon request from the
Engineering Services Department. The fee is subject to change.
761
Resolution No. P~4-16
Page 3
5. The following development fees shall be paid prior to building permit
issuance. These fees are currently in effect, but are subject to change.
Traffic Mitigation Fee
Park Fee
Drainage Fee
Water Fee
$ 990
2,550
1,200
6,603
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 No. 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 with their background. Minimum
height of address numbers shall be four inches. Address shall be required
at private driveway entrance.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. The access is greater than 150 feet in length. It shall be provided with
an approved Fire Department turnaround.
5.
This dwelling is being built on a parcel size of less than one acre and is
beyond 350 feet maximum from the nearest fire hydrant. The dwelling will
have to have standby water for fire fighting and/or a residential
sprinkler system.
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APPROVED and ADOPTED by the City Council of the City of Poway,
California, this 5th day of April, 1994.
~~~iL~
State of
ATTEST:
'------l' ,I -I' .f-
J D 1.\~"'\'- ~ ) \... ~/~; L-.--
Marjorie'K. Wah\sten, City Clerk
I hereby certify, under the penalty
0/ perjury, that the above and
foregoing is a true and iec:!
copy of Resolulion No.f-"lt/- b ,
as adopted by tho City Council 0/
poway, California on the .<,6(;_
day of fi.-tJ ,19.ff....
MARJORIE K, W AHLSTEN, CITY CLERK
bY:~ Mi=7;_-f 4z1
762
Resolution No. p- 94-16
Page 4
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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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-94-16 , was duly adopted by the City Council at a meeting of said City Council
held on the 5th day of April , 1994, and that it was so adopted
by the followrng-vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
') L' wL-"--C:-
sten, C,ty C er
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