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 )
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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expir'3 or are rescinded by Ci'ty Council at tha request of the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:
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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*
~ ******************************************
~ ******************************************
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@~.. 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
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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.
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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-
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, .
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