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
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(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or is rescinded by City Council at the request of the OWNER, CITY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
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OWNER (Notarize)
LINDA L. FIGLER
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Dated:
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Dated:
CITY OF POWAY
SUBSCRIBED AND 10 IIERlIIIlE
lHIS""""'~N0Y"""
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By
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(No need to otarize)
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Policy No.
Pag,: 1
921950
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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.
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()l this the J7t!? day of Ich <h,., r 19 Z L, before me, *
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the undersigned Notary Public, personally ar:peared
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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.
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?ARINERSBIP ~
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, State of
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()l this the
55.
day of
19 , before me, *
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the undersigned Notary Public, personally ar:peared
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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.
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. Notary' s Signature *
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:mPCIlATE ~
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()l this the day of 19 _, before me, *
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. state of
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the undersigned Notary Public, personallY appeared
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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.
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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.
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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:
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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.
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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
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92.
Resolution No. P-92-35
Page 4
STATE OF CALIFORNIA
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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
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