Covenant Regarding Real Property 1992-0468986
RECORDING REQUEST BY:
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28-JUL-1992 09:25
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CITY OF POWAY
OF>IClAL PECORDS
SAN DIEGO COUNTY RECORDER'S OF~ICE
ANHETTE EVANS, COUNTY ~E(ORDER
F'F: 9,00 FEES:
WHEN RECORDED MAIL TO:
AF:
MF:
13.00
1. 00
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Standard Pacific Corp., a Delaware Corporation ("OWNER"
hereinafter) is the owner of real property described in Exhibit A
which is attached hereto and made a part hereof and which is
common ly known as Assessor's Parcel Number 314-050-60 (Lot 11)
("PROPERTY" hereinafter). In consideration of the approval of
Variance 92-06 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In the event that Variance 92-06 expires or is rescinded by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 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:
7 t~ /92-
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7-.9:1- 9,::;;
STANDARD ~ACIFIC CORP
A DELA~ CORPORATION
f!d..~
David H. Phares, Vice President
Dated:
CITY OF POWAY
By
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(No need to N tarize
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2},00
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LEGAL DESCRIPTION
LOT 11 OF CITY OF POWAY TRACT NO. 89-15, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12753,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 7,1990.
GENI!ML ~
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* State of en this the day of 19 _, before me, *
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* the undersigned Notary Publ.ic, personally cq:peared .
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tl personally kncMn to Ire
tl proved to Ire on the basis of satisfactory evidence
to be the personCs) whose nameCs) subscribed
to the within instrument, and acknowledged that
executed it,
WI'lNESS Il1Y hand and official seal,
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· Notary's Signature *
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P.AR1NI!RSBIP ~
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en this the day of 19 _, before Ire, *
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the undersigned Notary Public, personally appeared *
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tl personally kncMn to Ire
tl proved to me on the basis of satisfactory evidence
to be the person C s) who executed the wi thin instrument
on behalf of the partnership, and ackna.1ledged to Ire that
the partnership executed it,
WI'lNESS Il1Y hand and official seal,
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* Notary's Signature *
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en this the~-'day of~ ----- 19Zz..., before me, *
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the undersig~~' Public, personally ~red *
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~e ~941 ~L executed the within instrurlent as *
u.e.v .:t::JJ~: oI.u.7 ::'::::on behalf of the corporation *
therein nam=d, and ackncM1edged to Ire that the corporation *
executed it. *
WI'lNESS Il1Y hand and ~ficial seal, *
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Notary's S1gnature ' *
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OFRCIAL SEAL
tlARIE LOFTON
Notary Publlc-CaIICIrla
SAN DIEGO COUNlY
MrCclmmilllon EliI*es
AprI2I6,1994
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RESOLUTION NO, P-92-33
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 92-06
ASSESSOR'S PARCEL NUMBER 314-050-60 (LOT 11)
AND DENYING VARIANCE FOR
ASSESSOR'S PARCEL NUMBER 314-050-66 (LOT 17)
WHEREAS, Variance 92-06 submitted by Standard Pacific of San
Diego, requests approval to allow the construction of a 195 square
foot room addition to two separate single-family dwellings located
at 12837 Palisades Court and 14239 Palisades Drive in the RR-C
zone; and
WHEREAS, on July 14, 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 Findinqs:
The City Council finds that Variance 92-06 is exempt from the
provisions of the California Environmental Quality Act,
Categorical Exemption Classes 3 and 5 as the project is an
addition to an existing single-family dwelling (Class 3) and
a minor alteration to land use limitations (Class 5).
section 2: Findinqs:
1. As to the property known as Assessor's Parcel Number 314-
050-60 (Lot 11), located at 12837 Palisades Court, the
Council finds as follows:
a, The proposed project is consistent with the general
plan in that it proposes an expansion to existing
residential development on a lot which is
designated for residential use,
b.
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,
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The special circumstances associated with Lot 11
that lends support for a variance is that the lot
shape and topography limit how the property can be
developed. Lot 11 is located on a cul-de-sac and
is pie-shaped. An open space easement encumbers a
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Resolution No, p- 92-33
Page 4
APPROVED and ADOPTED by the city Council of the city of Poway,
state of California, this 21st day of July 1992,
ayor
ATTEST:
Clerk
STATE OF CALIFORNIA
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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-92-33 , was duly adopted by the city Council
at a meeting of said City Council held on the 21st day of ____
July , 1992, and that it was so adopted by the following
vote:
AYES:
EMERY, MCINTYRE, SNESKO, GOLDSMITH
NONE
NOES:
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ABSTAIN: NONE
ABSENT: HIGGINSON
'Yh
Marjo
city
Lk7VCi.AJ>~
i K, Wahlsten, city Clerk
f poway
REPORT\VAR9206.RES