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Covenant Regarding Real Property 1993-0814097 CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) 602 nru'r H lQO..~=0nlhnOl -, y t! 4.11;.1 vO...,!,1)7! -DEC-1993 08::4-6 Al1 RECORDING REQUEST BY: SAN j:S~ Ct;0~~JL,~E~~}~~' c;F,CS h:~rvE'r~ n'~NS. CCIUNT" i~C J;~DH ;.'1=. " " '';') . ~~r" J.U:., ~:t.::!~ 21,00 20. DC WHEN RECORDED MAIL TO: A~; CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 1rF: LaO No Transfer Tax Due (This space for Recorder's Use) COVENANt REGARDING REAL PROPERTY Martin Alberto Hall and Maria Vemet, husband and wife, as joint tenants ("OWNER" hereinafter) is the owner of real property described in Exll1ibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's parce~1 'Number 275-720-34 ("PROPERTY" hereinafter). In consideration of the approval of Variance 93-09 by the ityof Poway ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to abi e 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, h.irs, personal representatives, transferees and assigns of the respective parties. . In the event that Variance 93-091 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 reimbursemer)t of all costs, including reasonable attorneys' fees, from the other party. The CITY may assign to persons ir\1pacted by the performance of this Covenant the right to enforce this Covenant against OWNER. Dated: ..J t! 2 3 /tn I ~~ MARTIN ALBERTO HALL, OWNER (Notarize) Dated: l[ Id ~/93 'kJ~ MARIA VERNET, OWNER (Notarize) CITY OF POWAY By:72a~. 1J~-tJ~~. Dated: , ~ 601 LEGAL DESCRIPTION ORDER NO. 9217054-K PARCEL 1: That portion of Parcel 84 of R~cord of Survey Map No. 4253, filed in the Office of the County Recorder of San ~iego County, together with that portion of Lot 4 in Section 30, Township 13 South, Range 1 West, San Bernardino Meridian, in the City of Poway, County of San D~ego, State of California, according to Official Plat thereof, described as fol~ows: Beginning at the Northeast corner of Lot 46 of GREEN VALLEY ESTATES UNIT NO.3, according to Map thereof No. 3805, filed in the Office of the County Recorder of said County; thence South 68'2~'20" East along the Northerly line of Parcel 84 as shown on Record of Survey Mar No. 4253, a distance of 50.00 feet; thence along the Easterly line thereof South! 21'32'40" West 40.00 feet; thence South 68'27'20" East 75.00 feet being Point "An of this description; thence South 2'13'40" West 287.01 feet; thence North 68'27'20" West 220.00 feet to the Southeasterly corner of Lot 46 of said Map No. 3805; thence North 21'32'40" East 311.02 feet to the POINT OF BEGINNING. PARCEL 2: That portion of Lot 4 in Seqtion 30, Township 13 South, Range 1 West, San Bernardino Meridian, in the ICity of Poway, County of San Diego, State of California, according to Offic~ial Plat thereof .~described as follows: Beginning at Point "A" as desc:.ribed in Parcell above; thence South 68'27'20" East 25.00 feet; thence South~esterly in a straight line to the most Southerly corner of said Parcell bearing South 2'13'40" West 287.01 feet from said Point "A"; thence North 2'13'40" Easlt 287.01 feet to Point "A" and the TRUE POINT OF B~rnNrnG. . RESOLUTION NO. P-93-43 A RESOL~TION OF THE CITY COUNCIL OF THE ~ITY OF POWAY, CALIFORNIA APPROVING VARIANCE 93-09 ASSESSOR'S PARCEL NUMBER 275-720-34 605 WHEREAS, Variance 93-09 fubmitted by Martin Hall, applicant, requests a variance approval to allow a s~imming pool to observe a five and one-half foot street side yard setback when a 20 foot setback is required at 16269 Rostrata Hill Road within the RR-C zonel and WHEREAS, on August 31, 19~3, the Clty 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: I Section 1: Environmenta1 Findinos: The City Council finds t~at Variance 93-09 is exempt from the provisions of the California EnviroDmental Quality Act, Categorical Exemption Class 5 as the project is a minpr alteration to land use limitations (Class 5). Section 2: Findinos: ( l Variance 93-09 The proposed projeqt is consistent with the general plan in that it proposes the const~uction of a swimming pool which is permitted as an accessory use on! a site which is designated for residential use. 2. That there are spec,al circumstances applicable to the property, and because of this, ~he strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification. 1. The special circ~mstances include the fact that the lot is substandard in siz~. The small size of the lot makes it difficult to site the pool so that it will observe the standard setback of the zone. 3. That granting the v:ariance or its modification is necessary for the preservation and enlioyment of a substantial property right possessed by other property ~n the same vicinity and zoning for which the variance is sought~ [ 4. The variance will ~llow the applicant to construct a swimming pool on subject property. The proposed development is consistent with how other propertyiin the area has been developed. That granting th~ 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 propetty is located. EXHIBIT B -.-...------.--- -.'- ---_._-_._-_._.._--~-----~ -- ---- -.---- --.-------.- -. 5. 6. I Resolution No. P-g3-43 Page 2 606 The proposed encroachment will not have a negative impact due to the fact that Rostrata iHill Road is a private road and services only a few lots beyond th~ subject site. In addition the swillllling pool observes a 20 foot !setback from the paved portion of the road. 5. That the granting pf this variance does not constitute a special privilege inconsist~nt with the limitation upon other properties in the vicinity and zo~e in that other variances for side yard setbacks have been granted for substandard sized properties within the Green Valley Highlands area. 6. That the grant i ng of thi s vari ance does not allow the use or activity which is inot otherwise expressly authorized by zoning development regulat'ons governing the parcel or property in that the proposed project is Ithe construction of a swillllling pool, which is an allowed accessory use in a residential zoned property. Section 3: City Council pecision: The City Council hereby approves Variance 93-09 subject to the following conditions: . Within 30 days of approv~l: (1) The applicant shall submit in writing that all conditions of app1roval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. APPLICANT SHALL CONTACT THE DEPA~TMENT 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. All new utilities shall b~ installed underground. Please contact SDG&E Planning Division at 480+7617. Completion of undergrounding shall be prior to issuance of a Certificate of Occupancy. Water and sewer, systems ~lans shall be designed and constructed to meet requirements of City of Poway The appropriate building ~epartment approval shall be obtained prior to the construction of the pool , I This permit shall becomeJnull and void on August 31, 1995 if building permits have not been iss ed. The mesh screen shall be .removed from the existing chain link fence by September 30, 1993. 2. 3. 4. r l Resolution No. P-93-43 607 Page 3 APPROVED and ADOPTED by, the City Council of the City of Poway, State of California, this 31st day of tugust 1993. ~-+\. . Don Hi99inSOn~ ATTEST: rk I hereby certily. under the penalty 01 perjury. that the above and foregoing is a true and corred copy of Resolution No.P- 93- -'/.3, as adopted by the City Council 01 Poway, California on the "51,q;t- dayof~,19~. MARJORIE K. W AHlSTEN, CITY ClER~ trr't!1~ cY~,<; A r<<1j STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) SS. ) r I I, Marjori e K. Wahl sterj, City Cl erk of the City of Poway, do hereby certify, under the penalty of !perjury, that the foregoing Resolution, No. _ P-g3-4~ was duly adopted by th~ City Council at a meeting of said City Council held on the ~ day of !AuQust , 1993 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NONE NONE NONE I ) REPORT\VAR9309.RES r I