Covenant Regarding Real Property 1993-0066051
803 [~~ " 1993-006605:
02-FEB-1993 10=03 ~~
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 )
DFFICIA~ PECOR~~
SAN DIEGO COUNTY RECORDER'S OF: C:
ANNETTE >"^"C rn"NTY ",ro.,",
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(This SDace for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Greg Agee ("OWNER" hereinafter) is the owner 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 275-520-08 ("PROPERTY" hereinafter). In
consideration of the approval of Variance 92-14 and Minor Development Review 92-
35 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
representatives, transferees and assigns of the respective parties.
In the event that Variance 92-14 and Minor Development Review 92-35 expire
or are rescinded by City Council at the request of the OWNER, CITY shall expunge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 Cov nant the right to
enforce this Covenant against OWNER.
Dated -1- 2- <6- 9 <;
Dated:
Ill.. 'i' IB
CITY OF POWAY
'.
By ~ tU~-t-~-,-
(No need to arlZe)
l..IFORNIA ALL-PURPOS& ACKNOWUlDGMENT
- l~O,.J"J^A"A1 }
State of ~~
County of ~ [..,,~<(J 804
No.51g:
On;;' y r;;,.'" ,QQ3beforeme-;-PH'll.u.s (!'1Il'~'- mAflli=UL AJ0711I2V 'Pt/Ilul!
TE NAME, TITLE OF OFFICER - E.G., "JAN~ DOE, NOTARY PUBLIC.
personally appeared r:;1!t;tf:ot!.'t' II I:G{;
NAME(S) OF SlGNER(S)
D personally known to me' OR pproved to me on the basis of satisfactory evidence
to be the persontlll whose name~are
subscribed to the within instrument and ac-
knowledged to me tha!@she/they executed
the same in ~her/their authorized
capacity~, and that by~her/their
signature(s}-on the instrument the person(~
or the entity upon behalf of which the
person~acted. executed the instrument.
- OPTIONAL SECTION-
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
. ~DIVIDUAL
D CORPORATE OFFICER(S)
@OO,.OFFICIALNOTARYSEAL
l PHYLLIS CAROL MANFUL
i -:e' . . : Notary Public - California
~ , . SAN OIEGO COUNTY
, My Comm. Expires OEe 05,1995
TITLE(S)
D PARTNER(S) D liMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
,;
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
WITNESS my hand and official seal.
~ ~rn~
SIGNATURE OF NOTARY
OPTIONAL SECTl~ f:JJ&p
TITLE OR TYPE OF DOCUMENT ~ Ii ?fU~f!pa1 .1 A 9
NUMBER OF PAGES - 1 - DATE OF DOCUMENT f - d J' - q'?..
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
~~
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
SIGNER(S) OTHER THAN NAMED ABOVE
C11992 NATIONAL NOTARY ASSOCIATION -8238 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-71E
/
/
l
805
LEGAL DESCRIPTION
Lot 71 of Green Valley Highlands Unit No.2, in the City of Poway, County of San Diego,
State of California, according to Map thereof No. 6596, filed in the Office of the County
Recorder of San Diego County, February 25, 1970.
806
~
RESOLUTION NO. P-92-58
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 92-14 AND
MINOR DEVELOPMENT REVIEW 92-35
ASSESSOR'S PARCEL NUMBER 275-520-08
WHEREAS, Variance 92-14 and Minor Development Review 92-35 submitted by
Greg Agee, applicant, requests approval for construction of a 3500 square foot
single-family home which will observe side yard setbacks of only ten feet when
20 foot setbacks are required at 15832 Lime Grove Road in the RR-C zone; and
WHEREAS, on October 27, 1992, the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con, relative
to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
The City Council finds that Variance 92-14 and Minor Development Review
92-35 are exempt from the provisions of the California Environmental
Quality Act, Categorical Exemption Class 5 and 3 as the project is the
construction of a single-family dwelling (Class 3) and a minor alteration
to land use limitations (Class 5).
Section 2: FindinQs:
Variance 92-14
1. ,The proposed project is consistent with the general plan in that it
proposes the construction of a single-family residence on a site
which is deSignated for residential use.
2. That there are special circumstances applicable to 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 classification.
The special circumstances include the fact that the lot is
substandard in total area and in width. This fact, in combination
with the sloping topography of the lot, limits the applicant's
ability to design a residence which meets standard setback
requirements.
3. That 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 zoning for which the
variance is sought.
The variance will allow the applicant to construct a 3500 square
foot residence which is in keeping with the size of other residences
found in the vicinity.
/"
810
Resolution No. P-92-58
Page 5
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of October 1992.
ATTEST:
reby certify, under the penally
of perjury, ihat the above and
foregoing is a true and corred
copy of Resolulion No, P-'l..;;>-s:;
as adopted by the Citv Council of
Poway, Calilornia or. the :::27.tJ::-
day 01 O>~, 192'e!,.
MARJORIE K W AHLSTEN, CITY CLERK
bytl~ ~..,I4s lQ<J"7
k i\)~~
Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) 55.
)
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~92-58
, was duly adopted by the City Council at a meeting of said City Council
held on the _27th day of ]ctober , 1992, and that it was so adopted
by the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Clerk
REPORT\VAR9214.RES