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Covenant Regarding Real Property 1992-0768306 REiCORDiNG 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 00('--" 1992-076B306 01-D~C-1992 08:12 An ) ) ) ) ) ) 1\\ ) , ) ) ) ) ) oc,'r'rAI ",oDRDc ut\ ll.l. I.. 1\\..1.., . ...i SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVAHS, COUHTY RECOROER rlC'. 11 fill F~1"'tS: !\l . .I. . V\i .... _ AF: 17.00 MF' 1.00 71'( ~'o t,n ..., . IThis soace for Recorder's Use) COVENANT REGARDING REAL PROPERTY Donald W. Brlehan and Loutlcla L. Brelhan, husband and wife as commun~y property as to an undivided one half Interest and Donald C. Breihan and Carolyn A. Brelhan, husband and wife as community property, as to an undivided one-half Interest iOWNER" hereinafter) are the owner of real property described in Exhlb~ A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 317-480-06 ("PROPERTY" hereinafter). In consideration of the approval of Tentative Tract Map 8703TE(3), Conditional Use Perm~ 92-07, and Development Review 92-13 by the C~y of Poway ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to abide by conditions of the attached resolution (Exhlb~ B). This Covenant shall run w~h 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the event that Tentative Tract Map 87-o3TE(3), Cond~ional Use Perm~ 92-07, and Development Review 92-13 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 e~her 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 l/ Dated: J f/; Ct> /v;v , ~ Dated: ~\)':l \~~ 1I/;J.7fq;;r . Dated: Dated: CITY OF POWAY ~ -.j By R401i'rtJ -,ft - 0~^ (No need to Notar~ " ,,\i, " . ,-..- ". m ~Afs5~9 718 S-f> 77714 DESCRl Pr ION Page 7 DESCll.I PTION \. PARCEL 1: Those portions of Sections 13 and 24, TOloKlship 14 South, Range 2 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of Califo rnia, according to Official Plat thereof, being more par ticularly described as fo11o,,",: ~ All of the North""st Quarter of the Southeast Quarter and the South~st Quarter of the Northeast Quarter of said Section 24. Along with that portion of the Northwest Quarter of the Northeast Quarter of said Section 24 and that portion of the South~st Quarter of the Southeast Q.1ar ter of said Sec tion 13, all being desc ribed as follo,,",: Commencing at the North""st corner of said South.."st Quarter of the Southeast Q.1arter of Section 13; thence along the Westerly line thereof South 020 20' 33" West, 553.37 feet; thence leaving said Westerly line South 580 27' 03" East along the centerline of that Irrevocable Offer to Dedicate Real Property granted to the County of San Diego as Document No. 80-316749, recorded September 29, 1980, to the Easterly line of said Southwest Q.1arter of the Southeast Quarter, said point being the True Point of Beginning; thence retracing North 580 27' 03" West to said Westerly line of said Southeast Quarter of Section 13; thence South 20 20' 33" West along said Westerly line 48.12 feet to Point "A", also being at the interseciton with a line that is parallel with and 42.00 feet South~sterly of, measured at right angles, the last described course having a bearing of North 580 27' 03" West; thence along said parallel line South 580 27' 03" East 355.00 feet to Point "B"; thence South 310 32' 57" West 20.00 feet to the beginning of a tangent 470. ()() foot radius curve, concave Easterly; thence Southerly along said curve through a central angle of 630 23' 36", an arc distance of 520.02 feet to the beginning of a reverse 719.00 foot radius curve, concave South~sterly; thence Southeasterly along said curve through a central angle of 14022' 58", an arc distance of 180.49 feet; thence tangent to said curve South 170 27' 41" East 731.29 feet; thence South 00 02' 55" West 483.80 feet, more or less, to a point on the South line of said Northwest Quarter of the Northeast Quarter of Section 24, distant 620.00 feet Easterly along said line from the Southwest corner thereof; thence Easterly along said line 711.39 feet; more or less, to the Southeast corner of said North""st Q.1arter of the Northeast Q.1arter of Section 24; thence along the East line of said North""st Quarter of the Northeast Q.1arter of Section 24 and along the East line of the South""st Quarter of the Southeast Quarter of Section 13 to the True Point of Beginning. .' ',- ,. ". ,-.. ~fL~E9 719 S-fJ 77714 DE SCRI Pf ION Page 8 PARCEL 2: \. That portion of the Northwest Quarter of the Northeast Quarter of Section 24 and the Southwest Quarter of the Southeast Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian, in the City of Poway, Co un ty of San Diego, State of California, according to Official Plat thereof, being more particularly described as folIo,,",: Commencing at the Northwest corner of said Southwest Quarter of the Southeast Quarter of Section 13; thence along the Westerly line of said Southeast Quarter South OZO 20' 33" West, 553.37 feet, to the intersection with the centerline of that Irrevocable Offer to Dedicate Real Property granted to the County of San Diego as Document No. 8-316749, recorded September 29, 1980; thence continuing along said Westerly line South 20 20' 33" West 48.12 feet to the True Point of Beginning, also being at the intersection with a line that is parallel with and 42.00 feet Southwesterly of, measured at right angles to the centerline of said Irrevocable Offer of Dedication granted to the County of San Diego; thence along said parallel line South 58027' 03" East 355.00 feet'to Point uB"; thence South 310 32' 57" West 20.00 feet to the beginning of a tangent 470.00 foot radius curve, concave Easterly; thence Southerly along said curve through a central angle of 630 23' 36", an arc distance of 520.02 feet to the beginning of a reverse 719.00 foot radius curve, concave South...sterly; thence Southeasterly along said curve through a central angle of 14022' 58", an arc distance of 180.49 feet; thence tangent to said curve South 170 27' 41" East 731.29 feet; thence South 00 02' 55" West 483.80 feet, more or less, to a point on the South line of said North...st Quarter of the Northeast Quarter of Section 24, distant 620.00 feet Easterly along said line from the Southwest corner thereof; thence Westerly along said line to said South...st Quarter of the Northwest Quarter of the Northeast Quarter of Section 24; thence along the West line of said Northwest Quarter of the Northeast Quarter of Section 24 and along the West line of the South...st Quarter of the Southeast Quarter of Section 13 to the True Point of Beginning. INDIVIDUAL ACKNOWLEDGMENT No. 5198 Slale of C;4-- ~~(~ }ss. On this theil day of 11I~.uA-- 1993;;toreme. fl (fT/-WfZ. r JlRfU/ cL4- the undersigned Nolary Public, personally appeared VtN"i 0../ d c-. (3 re; ~ rl/iJ <r Ca.. yO L'( >\ /4. ~re.' hal\ County of ~ --..... ARIHUR P.ARQUIUA .. -_.- --.. . --- _- ...-.7.... o personally known to me -,g.. proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) within instrument, and acknowledged that WITNESS my hand d !fici al. Notary.s Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment THIS CERTIRCATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Documenl Signer(s) Other Than Named Above C1992 NATIONAl. NOTARY ASSOCIATION .8236 Remmel Ave- Canoga Park, CA91309.7184 . C!ENEPAL ACKNOWLEDGMENT * *" *.. * * * * * * * * * * * * . * * * * * * * * * * * * State of t'4>"/ iH:,I?~, 1- ) County of .<t;/}1v ~/~o ) 55. r-~-""'~~-,< ,: ".,~~- , .' ,,,. .., /' ': :. :'\<;\ OFFICIAL SEAL 11/,.."':,. T"EnE3A HENRY ,." \ \' ";,:;'XCL:FCRNiA ".<, ~ .~..',T( ,;.<1', 'I: ,..;J.::::tA!"f:'!:S ~ . -:-T -. '.'~t, , , 3 JU, I !:'!.14 "'~'''''<.:.L''~--C:>~->''-:'<:;;:1'''::>'~>< * ~ * :J * $.-" * * * * * * * * * * * * * * * * * * * * PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * * * *:.iJ * * *7*;~.{) 'I\: *- * * * * * *" * * * * * * * On thi s the / c;r day of A/{)//k;t.(l'frq(' 19 i2, before me, * * If /t€I1t -r/k.t!es/f ~eq' the udersigned Notary Public, personnal1y appeared lJolJfI/..I) uJ. liha 1iHI.-' ~ ~ /..ot./1"k-1,I/ L I 6'.ee:/M9tr/: * [J personally known to me * * -tit proved to me on the basis of satisfactory evidence to * be the person(s) whose name(s) ~ subscribed to * the within instrument, and acknowledged that ~ * executed it. * WITNES my hand * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 19 before me, * * * * * * * * * * * * * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ) ) 55. * * * * * * * * * * * * * * * On this the ____day of the udersigned Notary Public, personnally appeared [J personally known to me [J proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * * * * ) ) 55. On this the ____day of 19 before me, * * * the udersigned Notary Public, personnally appeared * * * * * * [J personally known to me [J proved to me be the person(s) on the basis of satisfactory evidence to * who executed the within instrument as * or on behalf of the corporation * therein named, and acknowledged to me that the corporation* executed it. * WITNESS my hand and official seal. * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ' * * * * * RESOLUTION NO. P-92-6l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP 87-03TE(3) CONDITIONAL USE PERMIT 92-07 AND DEVELOPMENT REVIEW 92-13 ASSESSOR'S PARCEL NUMBER 317-480-10 721 WHEREAS, Tentative Tract Map 87-03TE(3), Conditional Use Permit 92-07, and Development Review 92-13 submitted by Craig Breihan, appl icant, requests approval for the third one-year time extension for a previously approved tentative tract map subdividing a 33 acre site into 55 lots and requests reinstatement of a previously approved conditional use permit and development review for construction of a 50 unit mobile home park with manager's unit and associated recreational facil ities, for property located on the east side of Community Road, south of Civic Center Drive, in the PC (Planned Community) zone; WHEREAS, the Director of Planning Services has recommended approval of the tentat i ve tract map time extens i on, condi t i ona 1 use permi t, and development review, subject to all conditions set forth in the Planning Services Department report; and WHEREAS, the City Council has read and considered said report and amended Environmental Initial Study and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinlls: The City Council finds that the environmental concerns were adequately addressed in the previously issued EIR and Subsequent EIR for the South Poway Planned Community. Section 2: Findinlls: Tentative Tract MaD 87-03TE(3) 1. The tentative tract map is consistent with applicable general and specific plans, in that the South Poway Development Plan designates this site for a 50 unit mobile home park. 2. The design or improvement of the tentative tract map is consistent with all applicable general and specific plans, in that lot size and configuration meet all applicable development standards for Mobile Home Parks. 3. The site is physically suitable for the type of development proposed, in that the development will be generally confined to areas with a natural slope of less than 15 percent. 4. The site is physically suitable for the density of the development proposed, in that the proposed development will be buffered by open space on two sides and will adjoin a similar development on the north and west. 722 Resolution No. P-92-61 Page 2 5. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the site has been previously disturbed by grazing and a large proportion of the site will be dedicated as open space. 6. The tentative tract map is not likely to cause serious public health problems, in that City sewer and water service will be provided to the project. 7. The design of the tentative tract map will not conflict with any easement acquired to the public at large, now of record, for access through or use of the property within the proposed subdivision. 8. That this project will not create adverse impacts on the environment, because all potential impacts can be mitigated through the conditions of approval. 9. The effect of the mobile home park on the housing of the San Diego region has been considered and balanced against the public service needs of Poway residents and available fiscal and environmental resources. 10. The design of the mobile home park has provided, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Conditional Use Permit 92-07 1. That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, in that the site adjoins an existing mobile home park on the west, a proposed mobile home park site on the north, and open space lots on the east and south. 2. That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses, in that the density is no greater than that found in the adjacent mobile home park. 3. That there are available public facilities, services, and utilities. 4. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the project is isolated from single-family residential neighborhoods and will complement the nearby Poway Royal Mobile Estates and Haley Creek Estates. 5. That the generation of traffi c will not adversely impact the surrounding streets and/or the City's Circulation Element, in that street improvements are required which will mitigate potential traffic impacts. 723 Resolution No. P- 92-61 Page 3 6. That the site is suitable for the type and intensity of use or development which is proposed, in that significant natural features will not be lost, provided that any necessary alterations to the grading plan are implemented as specified in the conditions of approval of Resolution P-88-109. 7. That there wi 11 not be signi ficant harmful effects upon environmental quality and natural resources, in that the attached conditions of approval contain requirements which will mitigate potential impacts to a level of insignificance. 8. That there are no other relevant negative impacts of the proposed use that cannot be 'mitigated. 9. That the impacts, as described above, and the location of the proposed use will not adversely affect the City of Poway General Plan for future as well as present development because the project is consistent with the standards contained in the adopted specific plan for this site. Develooment Review 92-13 1. That the proposed development is in conformance wi th the Poway General Plan; in that the plan designates this property as a Planned Community and the development plan for the planned community specifies that this site is to be developed as a mobile home park. 2. That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties; in that the project will incorporate ample landscaping and limit grading and the mobile homes and/or modular units are an orderly continuation of the existing mobile home park to the west and proposed park to the south. 3. That the proposed development is in compl iance with the Zoning Ordinance. 4. That the proposed development encourages the orderly and harmonious appearance of structures and property within the City, in that it is similar to and will complement adjacent development. Section 3: Citv Council Decision: The City Council hereby approves Tentative Tract Map 87-03TE(3), Conditional Use Permit 92-07, and Development Review 92-13 subject to the following conditions: 1. Within 30 days of approval: (a) The appl icant shall submit in writing that all conditions of approval have been read and understood; and (b) the property owner shall execute a Covenant on Real Property. 724 Resolution No. P-92-61 Page 4 2. Prior to issuance of grading permits, a survey of the property shall be performed by a qual ified biologist to search for signs of sensitive plant species. If present, appropriate mitigation would i ncl ude on-si te protect ion, transpl antat i on and/or other measures as approved by the Planning Services Department. 3. The road improvement requirements outlined in Condition No.2 on Page 9 of Resolution No. P-88-109 shall be amended to include the construction of medians and median landscaping on Community Road adjacent to the projects' frontage. 4. Prior to issuance of any building permits, a Development Review for the club house, managers unit, and recreation facilities shall be approved by City Council. 5. The proposed retaining wall which adjoins Community Road shall not exceed six feet in height and the masonry block shall resemble the block used for the adjacent freestanding wall on the Haley Ranch Estates site. 6. The slope and parkway areas in front of the retaining wall and freestanding wall on Community Road shall be fully planted. The planting plan shall include shrubs and vines, as well as street trees, in order to minimize the wall height. 7. Prior to issuance of building permits, the applicant shall provide color and materials samples for the coaches or modular buildings. A minimum of three different facade treatments shall be provided for each of the three plans in accordance with Poway Municipal Code Section 17.08.5.5. 8. If carports are utilized rather than garage parking, the carports shall be designed with wood posts, conventional roofing, and a minimum of 250 cubic feet of lockable, enclosed storage. Metal pre- fabricated carports will not be approved. 9. All conditions listed in City Council Resolution P-88-109 shall remain in effect except as modified herein. APPROVED and ADOPTED by the City Council of the City~f Poway, State of California, this 27th day of October, 1992. ATTEST: Mayor K1\J~l:L- . Wahlsten, City Clerk 725 Resolution No. P-92-61 Page 5 STATE OF CALIFORNIA ) ) 55. ) COUNTY OF SAN DIEGO 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=92-61 , was duly adopted by the City Council at a meeting of said City Council held on the l7th day of ~ctober , 1992, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLOSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE ~-k. City Clerk REPORTITTM8703TEI3'.RES