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Covenant Regarding Real Property 1992-0627227 RECORDING REQUEST BY: ) ) CITY OF POWAY ) ) WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWAY ) P.O. BOX 789 ) POWAY, CA 92064 ) ) No Transfer Tax Due ) r.q, U' 'I ;;9" r ,'.-;"",'1')'"") 'lu" '.. L,-":,-,,,..'tt'f L.. 'l..t.. ..LEi \i'.J~if.-;._' 02-0CT-1992 iO:25 An Jif~_ ~E~~~~: 1995 :A,"~. - ':G;J;':~-{ lE=C~.D~::': =i;;:-I,~~ "'-,:'jlr'~~ _:1"" - C.~-','-'. :-,r-.,-.'"::'I..... fo'!':!\...: :: : ','~'": ' .J,_.k " :,_ ~'~.L'~" ,'ri J::: r,,\ - _" '.' ~} ...-.::.:' ,it / ...... ~ ,~ , .......,. :,!j:': , -;i (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Milivoj Marinkovic and Eva Marinkovic, 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 275- 232-45 ("PROPERTY" hereinafter). In consideration of the approval of Tentative Tract Map 89-12 and Variance 91-01 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 (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 representati ves, transf'erees and assigns of the respective parties. In the event that Tentative Tract Map 89-12 and Variance 91-01 expir'3 or are rescinded by Ci'ty Council at tha request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 I 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. Oro/. Dated: O,.,j~. rf qZ Jel 0 I 1992 Dated: (.rf q-Z MILIVOJ INKOVIC, OWNER (Notarize) ~4 Y::2/aJ?<_,~~~' A MARINKOVIC, OWNER (Notarize) Dated: CITY OF POWAY By ~ w= -If~ (No need to N arize) 1996 LEGAL DESCRIPTION PARCEL 4 OF PARCEL MAP 8873, IN THE CITY OF POWAY, COUNTY OP SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 28, 1979 AS FILE NO. 79-270035 OF OFFICIAL RECORDS. I STATE OF CALIFORNIA COUNTY OF !,;AN l)TF.GO }SS. (SfAl) "~' On **** OCTOBER 1, 1992 **** ,before rre, tre ::l . II red ******** Q undersigned Notary Public, persona yappea ~ *** MILIVOJ MARINKOVIC AND EVA MARINKOVIC* ~ ****************************************** ~ ****************************************** z ~ ~ g ~ .... ~ z ,. v "" r ROSAHER~~-l @~.. COMM. #9 () - . NOTARY PUBLIC-CALFORNrvlA r; . . N DIEGO COUN _ ~, · MY ~O~AM!SSIOIl EXPIRES 1 l I JULY 29, 1996 ~l!l!ltl!!llProved to rre on the basis of satisfactory evidence) to be the~ PERSONS whose lJGl{IlQ[ NAME!'; subscribed to the within inSlrurrent and acknowledged that THEY executed the sarre. I Signature~~~ SAV.193(9/911 6HomeFec1BankFSB F l 1997 RESOLUTION NO. P-91-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP 89-12 AND VARIANCE 91-01 ASSESSOR'S PARCEL NUMBER 275-232-41 WHEREAS, Tentative Tract Map 89-12 hereinafter "Map" and Variance 91-01, submitted by Milivoj and Eva Marinkovic, applicants, for the purpose of subdividing real property situated in the City of Poway, County of San Diego, State of California, described as Parcel 4 of Parcel Map 8873, of a portion of Cot 2 of fractional Section 35, Township 13 South, Range 2 west, San Bernardino Meridian in the County of San Diego, State of California regularly came before the City Council for public hearing and action on April 2, 1991; and WHEREAS, the Director of Planning Services has recommended approval of the Map subj ect to all conditions set forth in the Planning Services Department report; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findin~: The City Council finds that the proj ect will not have a significant adverse impact on the environment and hereby issues a Negative Declaration with mitigation measures. Section 2: Findinqs: Tentative Tract Map 89-12 1. The proposed project will be consistent with the existing general plan and there is a reasonable probability that the project will be consistent with the proposed general plan. 2. The tentative tract map Comprehensive plan in that proposed for development. wi th the housing is is consistent single-family 3. The design or improvement of the tentative tract map is consistent with all applicable general and specific plans; in that improvements adhere to the development standards of the City of poway zoning Development Code and the Subdivision Ordinance. 1998 r Resolution No. p-91-22 Page 2 4. The site is physically suitable for the type of development proposed; in that the site is gently sloping and can accommodate the number of lots proposed. 5. The site is physically suitable for the density of the development proposed. The site will be developed in conformance with density criteria of the RS-4 zone. 6. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or other habitat; in that the site has been previously disturbed and that maj or drainage improvements will help to mitigate potential flooding. 7. The tentative tract map is not likely to cause serious public health problems because City water and sewer systems will be provided to the new parcels. ~ow flow plumbing fixtures will be required throughout future buildings on the site. Landscaping plans will eventually be prepared with minimal water consumption and incorporating low volume irrigation techniques for trees and shrubs. l 8. The design of the tentative tract map will not conflict with any easement by the public at large, now of record, for access through or use of the property wi thin the proposed subdivision. Variance 91-01 1. There are special circumstances applicable to the property (size, shape, topography, location, or surroundings), or the intended use of the property, and because of this, the strict application of the zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classifications. Two of the subject lots are positioned along the bulb of a cul-de-sac which limits the depth of these lots. The subject site is "L" shaped and contiguous to an existing separate lot which defines the edges of the project boundaries. 2. Granting the variance, or its modification, is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought. Lots 4 - 7 of Tentative Tract Map 90-04 were granted a similar variance for lot width. F L 1999 Resolution No. p-91-22 Page 3 3. Granting the 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 property is located, in that a home of standard width and depth can still be constructed on each lot and comply with required setbacks. 4. The granting of this variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, in that other residences in the same vicinity have been constructed using similar lot depths. 5. The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. 6. Granting the variance or its modification will not be incompatible with the poway General Plan. Section 3: City Council Decision: The City Council hereby approves Tentative Tract Map 89-12 and Variance 91-01 subject to the following conditions: Within 30 days of approval (1) The applicant shall submit in wri ting that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. APPLICANT SHALL CONTACT 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. Future homes plotted for Lots 2, 4, and 5 shall meet all minimum setbacks. 3. Prior to any use of the project site or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. F l 2~)OO Resolution No. p-91-22 Page 4 4. The variance and tentative tract map shall expire on April 2, 1993. An application for a time extension for the tentative tract map must be received 90 days prior to expiration in accordance with the City's Zoning Ordinance. LANDSCAPING 1. All graded slopes greater than five feet in height shall be landscaped and irrigated, and those three feet or greater shall be planted, in accordance with adopted poway Landscape Standards. 2. The development shall be annexed into Landscape Maintenance District 83-01 at a 100 percent rate of $102.31 for FY 90-01. to the satisfaction of the Director of Public Services prior to final map approval. Rate is subject to change. 3. A detailed landscape and irrigation plan shall be submitted to and approved by the Public Services Department and planning Services Department prior to the issuance of building permits. 4. Street trees, a minimum of 15 gallon size or larger, ~hall be installed in accordance with the City of poway ordin~nce and shall be planted at an average of every 30 feet on interior streets and 20 feet on exterior streets. 5. All landscaped areas shall be maintained in a heal thy and thriving condition, free from weeds, trash, and debris. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. RECREATION 1. On lots having a private or public equestrian/pedestrian trail on or adjacent to their property, the developer is required to have contained within the CC&R's, the following statement: In purchasing the home, I have read the CC&R's and understand that said lot is subject to an easement for the purpose of allowing equestrian/pedestrian traffic. 2. The developer shall provide for the improvement of the equestrian/pedestrian trail system in accordance with the adopted standards and to the satisfaction of the Director of Public Services prior to building permit issuance. F l 2001 Resolution No. p-91-22 Page 5 3. Dedicate the Master planned equestrian/pedestrian trails to the satisfaction of the Director of Public Services in accordance with the Master Plan of Trails Element. 4. The developer shall pay the Park Fee at the established rate prior to or at the date of final inspection, or the date of the Certificate of Occupancy, whichever occurs later, but a security deposit shall be posted with the City's Engineering Services Department prior to map approval. ADDITIONAL APPROVALS REQUIRED 1. The developer shall display a current zoning and Land Use Map in the sales office at all times, and/or suitable alternative to the satisfaction of the Director of Planning Services. 2. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. *3. A noise attenuation wall, a minimum of six feet in height shall be constructed at top of graded slope so as to adequately shield the lots from street noise emanat~ng from pomerado Road. In addition, no two story homes or second story additions may be permitted on the lots unless it can be demonstrated that interior noise levels as required in the poway Noise Ordinance can be met. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING 1. If pad elevations increase by greater than two feet in elevation from those shown on the tentative map, City Council approval wiil be required prior to grading. 2. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. 3. The grading plan shall contain a certificate signed by a registered civil engineer that the grading plan has preserved a minimum of 100 square feet of solar access for each ~welling unit and for each future building site within the subdivision. 4. A geological report shall be prepared by a qualified engineer or geologist licensed by the State of California to perform such work at first submittal of grading plan. p l 2002 Resolution NO. p-91-22 Page 6 5. The final grading plan shall be subject to review and approval by the Planning and Engineering Services Departments'and rough grading shall be completed prior to issuance of any building permit, whichever comes first. 6. A pre-blast survey of surrounding property shall be conducted to the satisfaction of the City Engineer prior to any rock blasting. Seismic recordings shall be taken for all blasting and blasting shall occur only at locations and levels approved by the City Engineer. All residents within 500 feet shall be notified 24 hours prior to any blasting. STREETS AND SIDEWALKS 1. All Circulation Element roads shall be dedicated and improved to Circulation Element road standards and to the specifications of the Director of Engineering Services. 2. vehicular access rights to Circulation Element roads shall be dedicated to the City of poway and labeled on the final map to the satisfaction of the Director of Engineering Services or by separate document. 3. All interior and exterior public streets shall be con$tructed to public street standards. 4. Sidewalks 4.5 feet in width shall be required the interior street and on one side of Sidewalk may be omitted on the south side street where shown on the tentative map. on both sides of pomerado Road. of the internal 5. Street striping and signing including pomerado Road shall be installed to the satisfaction of the Director of Engineering Services. 6. All street structural sections shall be submitted to and approved by the Director of Engineering Services. 7. Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for app~oval by the Director of Engineering Services. plan check and inspection expenses shall be paid by the developer. 8. All exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Engineering Services. r l 2003 9. Resolution No. p-91-22 Page 7 street improvements that include, but are not limited to: x x x x Sidewalks Driveways Wheel chair ramps CUrb and gutter x Cross gutter Alley gutter street paving Alley paving x shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Engineering Services. 10. All damaged off-site public works facilities, i~cluding parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Engineering Services. 11. Prior to any work being performed in the public right-of-way, an encroachment permit shall be obtained from the Engtneering Services department and appropriate fees paid, in addition to any other permits required. 12. Street improvements and maintenance shall be made in accordance with City Ordinance standards for Urban Streets. The off-site portion of the street may be constructed at 24 feet of paving in 40 feet of right-of-way with sidewalks on both sides. The on-site portion shall be constructed at 36 feet of paving within 54 feet of right-of-way with transitions as shown on the tentative map. 13. The developer shall pay the Traffic Mitigation Fee at the established rate prior to final map approval or $ecurity posted for 100 percent of the fee. In the event that security is posted, the fee must be paid in full prior to a request for final occupancy at the rate in effect at the time of final payment. DRAINAGE AND FLOOD CONTROL *1. A comprehensive hydrologic and hydraulic study shall be performed to determine the adequacy of the existing metal storm drain across this property. Additionally, the soils engineer shall examine the pipe and perform a resistivity test on the surrounding soil and render an opinion as to the probable remaining life of the drainage system. If it is determined that any portion of the storm drain is inadequate to convey the 100 year design storm 'without surcharge or that the life expectancy of the pipe is less than 40 years, the storm drain must be replaced, in its entirety on site. All new and replacement storm drain must be reinforced concrete pipe. r l 2~01 Resolution NO. P-91-22 Page 8 2. Intersection drains will be required at locations spec~fied by the Director of Engineering Services and in accorda~ce with standard engineering practices. ! *3. A drainage system capable of handling and disposind of all surface water originating within the subdivision, !and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Engineering Services to properly handle the drainage. 4. Portland cement concrete cross gutters shall be installed where water crosses the roadways. *5. The Master plan of Drainage Fee shall be paid I at the established rate in accordance with the Drainage Otdinance prior to final map approval or security posted for lOOipercent of the fee. In the event security is posted, the feel must be paid in full prior to a request for final occupancy at the rate in effect at the time of final payment. 6. Concentrated flows across driveways and/or sidewalks shall not be permitted. UTILITIES 1. All proposed utilities within the project less than 34.5 KV shall be installed underground including existing utilities along Circulation Element roads and/or highways. I 2. Utility easements shall be provided to the specific$tion of the serving utility companies and the Director of Engineering Services. . 3. The developer shall be responsible for the relocation and undergrounding of existing public utilities as required. 4. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the, City of poway and the County of San Diego Department of Health. 5. Prior to acceptance of property for sewer service, annexation to the sewer improvement area shall occur. 6 . The applicant shall establish the proper system. The amount analysis and shall submittal. pay for a water system analysis to size and location for the public water will be determined by the cost of the be paid prior to improvement plan f- l , . STATE OF CALIFORNIA COUNTY OF SAN DIEGO 2007 Resolution No. P-91-22 Page 11 88. 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-9l-22 ,was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of April , 1991, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: REPORT\TTM8912.RES EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NONE NONE NONE '6 VlLL~ k V l)~~ MarjorieK. Wahlsten, City 'Clerk City ~oway