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Covenant Regarding Real Property 1992-0536862 915 DOC ~ 1992-0536862 2S-AuG-1992 09=49 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE AHHETTE EVAHS, COUHTY RECORDER RF. 9.00 FEES: 23.00 AF: 13.00 MF: 1.00 REC0RDING REQUEST BY: CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) (This space for Recorder's Use) WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY. CA 92064 No Transfer Tax Due COVENANT REGARDING REAL PROPERTY Jeffrey Figler and Linda L. Figler, husband and wife as joint tenants ("OWNER" 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- 462-21 ("PROPERTY" hereinafter). In consideration of the approval of Minor Conditional Use Permit 92-01 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 (Ex h i bit 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 In the event that Minor Conditional Use Permit 92-01 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: $('-\'1-'1'),.., JEFFREY FI:1ER ~ ,-= /1~ ~ r:-'{/ 7 OWNER (Notarize) LINDA L. FIGLER ~-b~' "- OWNEF({'Not;'r~-:e) ,~<' ;:;~ Dated: cf /17, <11- Dated: CITY OF POWAY SUBSCRIBED AND 10 IIERlIIIlE lHIS""""'~N0Y""" ............~............ By ~ tJ~ -t/~., (No need to otarize) ~- Policy No. Pag,: 1 921950 - 51 DESCRIPTION 916 PARCEL A: Lot 43 of CITY OF POWAY TRACT MAP 84-08, in the City of poway, County of San Diego, State of California, according to Map thereof No. 12044, filed in the Office of the County Recorder of San Diego County, April 18, 1988. PARCEL B: An easement for common driveway along and across on Lots 43 and 44, in The Grove, Map thereof NO. 12044, filed in the Office of the County Recorder of the City of poway, County of San Diego, State of California on April 18, 1988, said easement described as follows: Commencing at the Southeast corner of Lot 43; thence South 79032'50" West 443.49 feet to the TRUE POINT OF BEGINNING; thence South 10027'10" East 10.00 feet; thence South 79032'50" West 51.29 feet; thence North 85042'51" West 177.37 feet to a point on non-tangent curve; thence Northerly along curve having a radial bearing South 69006'46" East and a radius of 35.00 feet with a central angle 33012'10" a distance of 20.28 feet to a point on said curve; thence South 85042'51ft East 174.79 feet; thence North 79032'50" East 48.70 feet; thence South 10027'10" East 10.00 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM that portion lying within Parcel "A" above. e_'___'.___ -.-...---.--'--- ;mEm.L ~ * * * . * * * * * * * * * * * state of . {';:r?'f'i:,){2/-n;4 coonty ~ ,C;a~ ':;);'1,"'-6 Co :r - - - - - ;~E~E~SO-N - - "'. , _ . COW, 1956147 ~ , $ . -iii ' Notary publlc-CallfOmia !: ! "SAN DIEGO COUNTY : L . _ _ ,:":",~e:,",~:EB_IO~'~ J , , c * * * * * * * * * * * * * * * * :ill * ~ . * * * * * * * * * * * * * * * . * * * * * * * * * * * * * ()l this the J7t!? day of Ich <h,., r 19 Z L, before me, * ~ &s. dE!' ~t7 ~.:5.D,H the undersigned Notary Public, personally ar:peared ~.p, Cf' ;{?e,j h bL,p J/? , f~' 1,/i)-4 .L ,hbiP~R' I ) r tl personally Jmcy..m to me h7t. proved to me on the basis of satisfactory evidence 'g" be the person(s) whose name(s) subscribed * to the within instrument, and ackncMledged that executed it. WI'mESS hand and official seal. * , * * * * , * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ?ARINERSBIP ~ t * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , State of , ) , coonty of ) . . . . . . . . . . . . ()l this the 55. day of 19 , before me, * * * * * * * * * * * * * * * * the undersigned Notary Public, personally ar:peared , t1 personally Jmcy..m to Ire tl proved to me on the basis of satisfactory evidence to be the person{s) who executed the within instrunent on behalf of the partnership, and ac:kncMledged to me that the partnership executed it. WI'mESS IIW hand and official seal. . . Notary' s Signature * t * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * :mPCIlATE ~ t * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ()l this the day of 19 _, before me, * ) SSe * ) , * . state of . . Coonty of . . . . . . . . . * . , . * * * * * the undersigned Notary Public, personallY appeared , tl personally Jmcy..m to me * t1 proved to me on the basis of satisfactory evidence to * be the person (s) who executed the wi thin instrument as * or on behalf of the corporation * and acknowledged to Ire that the corporation * therein naxood, executed it. WI'mESS IIW hand and official seal. * * * * , , Notary's Signature * ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ,r ( .......8 RESOLUTION NO. P-92-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 92-01 ASSESSOR'S PARCEL NUMBER 278-462-21 WHEREAS, Minor Conditional Use Permit 92-01, submitted by Folsom Tennis Enterprises, applicant, requests approval to add lights to a previously approved tennis court located at 14438 Harvest Court in the Rural Residential B (RR-B) zone; and WHEREAS, on July 21, 1992, the City Council held a hearing on the above-referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinqs: The City Council finds that this proj ect is categorically exempt (Class 3) from the California Environmental Quality Act (CEQA) . Section 2: Findinqs: 1. That the proposed development is in conformance with the poway General Plan in that a lighted recreational court is an accessory use for a single-family residence in a rural residential zone and the General Plan designation is RR-B. 2. That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, in that the landscape installation, lighting design and court materials, will allow the court to be compatible with and screened from surrounding properties. 3. That the proposed development is in compliance with the Zoning Ordinance, in that it complies with the setbacks, fence height limit, lighting standards, and all other property development standards of the RR-B zone. 4. That the proposed development encourages the orderly and harmonious appearance of structures and property within the City, in that the subject property and all of the surrounding properties are zoned rural residential and are to be developed as single-family residences. .r l !'J.9 Resolution No. P-92-35 Page 2 Section 3: City Council Decision: The City Council hereby approves Minor Conditional Use Permit 92-01 subject to the following conditions: 1. 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. 2. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential uses. APPLICANT SHALL CONTAcr THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. Approval of this request shall not waive compliance with all sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. 3. The appropriate footings shall construction. Building Department be received prior to approvals for fence the initiation of 4. A landscape and irrigation plan for the area between the fence and property line shall be submitted to the City for review and approval prior to issuance of a building permit. Installation of all slope planting and irrigation shall Occur prior to final inspection by the Building Services Department. 5. All new and existing utili ties shall be undergrounded prior to final inspection by the Planning Department. 6. The court surface must be designed, painted, and/or textured to reduce the reflection from lighting to the satisfaction of the Director of Planning Services. 7. A maximum of eight lights shall be permitted of a height not to exceed 22 feet. All lights and light fixtures shall be certified by a qualified lighting engineer to: ;'-0 r Resolution No. P-92-35 Page 3 a. Be designed, constructed, mounted, and maintained such that, the light source is cut off when viewed from any point above five feet measured outside the lot at the lot line. b. Be designed, constructed, mounted, and maintained such that the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed one-half foot candle above ambient levels. c. Said certification shall be provided to the Planning Services Department prior to the issuance of a grading plan. 8. Hours of operation for court lights shall be restricted to the period between 7:00 a.m. and 10:00 p.m. 9. The minor conditional use permit shall expire on July 21, 1994 if building permits are not issued for this project. l 10. If the use of the court negatively impacts surrounding properties, the City Council may reconsider this m~nor conditional use permit and amend the conditions as it sees fit or require removal of the lights. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 21st day of July, 1992 ATTEST: Mayor Clerk ,F l 92. Resolution No. P-92-35 Page 4 STATE OF CALIFORNIA ) ) SS. ) COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Poway, doe hereby certify, under the penalty of perj ury, that the fo'regoing Resolution, No. P-92-35 , was duly adopted by the City Council at a meeting of said City Council held on the 21st day of _ July , 1992, and that it was so adopted by the following vote: AYES: EMERY, MCINTYRE, SNESKO, GOLDSMITH NONE NOES: ABSTAIN: NONE ABSENT: HIGGINSON 71Jwt>.L:...- K. Wahlsten, City Clerk oway REPORTIMCUP9201,RES ------.----- --