Covenant Regarding Real Property 1992-0701520
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o3-~o0-1992 10:02 AM
R~CORDING REQUEST BY:
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CITY OF POWAY
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G~;~:IFp I F~ECJRD~
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~ ANNETTE EVAN5~ COU~TY-RECORDER~-
~i"; 8.00 FEES:
AF: 11. 00
~F: 1. 00
20. DC
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
(This space for Recorper's Use)
COVENANT REGARDING REAL PROPERTY
poway summit Estates, Inc., a California Corporation ("OWNER"
hereinafter) is the owner of real property described i~1 Exhibit A
which is attached hereto and made a part hereof ancll which is
commonly known as Assessor's Parcel Number 321-2bo-44, 47
("PROPERTY" hereinafter). In consideration of the approval of
Tentative Tract Map Modification 89-05 (M) by the City of poway
("CITY" hereinafter), OWNER hereby covenants and agre$s for the
benefit of the CITY, to abide by conditions of thEi attached
resolution (EXhibit B).
This Covenant shall run with the land and be bindi~g upon and
inure to the benefit of the future owners, encu~brancers,
successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that Tentative Tract Map Modification 89-05(M)
expires or is rescinded by city Council at the request of the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 tie 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 en ce
this Covenant against OWNER.
.Dat.d'~"'- ~
ESTATES, INC,.,
CORP. OWNER (Notarize)
Dated:
CITY OF POWAY
By
-:R fA.1O I w~ - ?!~
(No need to N tarize)
Oct.~O '92 9:21
MAI;llTOU FAX 275
FAX 6197457-487
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1485
P. 2
ORDER N~. 1031623-11
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE O:t CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARCEL MAP NO. 15531, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE O~L THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 1989 AS FILE NO. 89-036661
OF OFFICIAL RECORDS, EXCLUDING ANY PORTION LYING WITHIN ESPOLA ROAD.
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1486
RESOLUTION NO. P- 92-50
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP MODIFICATION 89-05{M)
ASSESSOR'S PARCEL NUMBER 321-200-44, 47
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WHEREAS, Tentative Tract Map Modification 89-05(M), hereinafter "Map" was
submitted by Manitou En9ineering on behalf of Famste Investment Company, Inc.,
applicant, for the purpose of relocating Lot 13 within the subdijvision, and
relocating proposed building pad locations on Lots 5 and 6; and
WHEREAS, the Director of Planning Services has recommended approval of the
map modification subject to all conditions contained in Resolution No. P-91-27
and to an additional condition set forth below; and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing. ,
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NOW, THEREFORE, the City Counc il does hereby resolve as fo 11 jows:
Section 1: Environmental Findinos:
The City Council finds that the previously issued Negative Declaration
with mitigation measures adequately addresses the potential e!nvironmenta1
impacts of the proposed development as modified.
Section 2: Findinos:
1.
The proposed project modification is consistent with, the General
Plan in that single-family housing is proposed for the ~evelopment.
The design or improvement of the tentative map modj fi cat ion is
consistent with all applicable general and specific p1lans; in that
improvements adhere to the development standards of jthe City of
Poway Zoning Ordinance and the Subdivision Ordinance. '
The site is physically suitable for the type of development
originally approved and the modification as proposed be~ause new pad
locations are at lower less prominent locations and Will be less
visible to the viewshed as a whole.
The site is physically suitable for the density of the: development
proposed. The site will be developed in conformance rith density
criteria of the RR-C zone.
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 dlisturbed and
that major portions of undisturbed high-quality habit~t are being
dedicated as permanent open space. No adverse change Will occur as
a result of the map modification.
2.
3.
4.
5.
1487
Resol'ution No. P- 92-50
Page :2
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6. The tentative map modification is not likely to cause serious public
health problems because City water and sewer systems will be
provided to the new parcels.
7. The design of the modified tentative map will not conflict with any
easement by the public at large, now of record, for access through
or use of the property within the proposed subdivision.
Section 3: Citv Council Decision:
The City Council hereby approves Tentative Tract Hap Hodific~tion 89-05(H)
subject to the following conditions:
1. Within 30 days of approval the applicant shall submit in writing
that all conditions of approval have been read and understood.
2. All conditions previously approved under Resolution: No. P-91-27
shall remain in full force and effect.
3. The appl icant shall record a deed covenant, approved by the City
Engineer and Fire Harshal, providing for the installation of
residential fire sprinkler systems in all structures cpnstructed on
the parcels created by this map, prior to or concurrent with
recordation of the final map.
4. A landscape screen shall be installed on lot 5 to consist of the
following: Beginning at the southwest property corner and proceeding
east for 100 feet adjacent to the southerly property 1 ine, five-
gallon size Acacias will be planted and maintained at ten feet on
center, and irrigation will be installed to support their growth,
with the result to be a dense landscape screen attaibing a mature
height of between seven and ten feet.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of September, 1992.
ATTEST:
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Harjori
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Wahlsten, City Clerk
1488
Resolution No. P-92-S0
Page ~
STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, Cny Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. P-92-S0
, was duly adopted by the City Council at a meeting of said City Council
held on the 29th day of September , 1992, and that it was so adopted
by the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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Marjori K Wahlsten, City Clerk
City of Poway
AEPOAT\T~05(M).RES