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Covenant Regarding Real Property 1991-0599255 2305 _JC " 1991-0599255 20-NDU-1991 08=24 nM -RECORDING REQUEST BY: CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) OFFICIAL RECORDS SAN DIEGO COUNiY RECORDER'S OF11CF ANNETTE EVANS, COUNTY REC0RDFR RF: 9.00 FEES: 2~.'/ AF: 13.00 rF: 1.00 WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 No Transfer Tax Due (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY /iJ f7l 1f Penasquitos Congregation of Jehovah's Witnesses. a non-profit 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 commonly known as Assessor's Parcel Number 317- 031-36 ("PROPERTY" hereinafter), In consideration of the approval of Variance 91-06 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 In the event that Variance 91-06 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: 1/,fV,1ff/g#l- /1/44/ /1)~ '4,~. ~/j)6Nr OWNER (No~riZe) , Dated: ttJ~/I./")'('1; /'/9/ CITY OF POWAY By k>. L. ZJ~U- - ct."'-~"A;IA.., (No need to otarize) 2306 THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: That portion of Lot 30 in Tract F of Poway, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 536, filed in the County Recorders Office of San Diego, together with the West Half of the alley and the North One-Half of Seventh Street as vacated and closed to public use immediately adjoining said Lot, lying Easterly of a line which is parallel with and 323.25 feet Westerly from the Westerly line of pomerado Road (formerly Escondido Avenue) . EXCEPTING THEREFROM that portion of said land, if any, lying Northerly of the centerline of Meadowbrook Lane as shown on Road Survey No. 1772. . GE~.E"'AL ACKNOWLEDGMENT ~ x.*. ~ * * * * * * * * * * * State of On this the * ~~O)* * _day of * * * * * * * * * * * * * * * * * * * * * * * * * * * * County of * * * * * * . * * * * * ) ) SS. 19 before me, * * * * * * * the udersigned Notary Public, personnally appeared [] personally known to me * [] 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. * WITNESS my hand and official seal. * * * * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * .* State of PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 19 t before me, * * * * ) ) SS. * County of * * * * * * * * * * * * * * On this the _day of the udersigned Notary Public, personnally appeared * * * * * * * * * * * * * * [] personally known to me [] 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. * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * State of CALI~()Jt./.J; ~ * * County of S;:AV L)/~/') * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ personally known to me [] proved to me on the basis of satisfactory evidence to * be the person(s) who executed the within instrument as * or on behalf of the corporation * therein named, and acknowledged to me that the corporation* executed it. * WITN~nd and official seal. * Notary' s Si~n~~re ~ t20~ \: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . * * * * * * * * * * * * * * * SS. * * * * * * * * * * * * * * * * * * OFFICIAL SEAL LINDA l DOTY NOTARY PUBLIC - CAliFORNIA SAN DIEGO COUNlY My comm. expires DEe 30, 1992 On thi s the I::1:1::!Lday of /VOVEIIilI5U... L I ~t)1'J L.. UO~/ the udersigned Notary 'Public, personnally appeared LJ,LU'/4pYj r CoO/)E./C?. 19'1l, before me, * * * * * * * * * y f l t~@f} l 2308 RESOLUTION NO. p-91-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 91-06 ASSESSOR'S PARCEL NUMBER 317-031-36 WHEREAS, Variance 91-06, submitted by the Penasquitos Congregation of Jehovah's Witnesses, applicant, request approval to reduce the required 50 foot setback from an adjacent residential zone. The applicant seeks to observe a 19 foot setback for a proposed two-story addition to an existing worship hall located at 12337 Meadowbrook Lane in the RS-7 (Residential Single-Family 7) zone; and WHEREAS, on October 29, 1991, 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 resol ve as follows: Section 1: Environmental Findinqs: The project is exempt from environmental review. It qualifies for a Class 5 categorical exemption under CEQA Guidelines because the variance is a minor alteration to land use limitations. Section 2: Findinqs: 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. That 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 classification. 2. The principal need for the setback variance stems from the circumstance that the original site development plan for the subject property was approved by the County and according to County standards and setbacks, which were less restr icti ve than current City setback standards. Therefore, the existing church building does not observe the required 50 foot setback. r.: L' 4. l r....::.;..... :':((:x:) ,...... 2309 Resolution No. p-91-73 Page 2 The subject parcel is constrained by a steep 25 foot plus slope along the western property line. The proposed addition is to be sited along the base of this slope. The slope should provide a substantial physical buffer between the subj ect use and the adj acent vacant Rural Residential A zoned property to allow the uses to be compatible. 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 in that the variance will allow the applicant to construct on-site living quarters for a traveling minister similar to the caretaker quarters of st. Michael's Catholic Church. There are also other churches in the area such as st. Bartholomew's Episcopal Church and the Temple Adat Shalom both located on pomerado Road which observe setbacks of less than 50 feet from adjacent residential single-family zones. . 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 the 25 foot grade separation between the subject use and the adjacent rural residential property should provide a substantial physical buffer between the two types of land use. 5. 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 religious buildings in the vicinity have been constructed with similar or lesser setback standards. 3. 6. 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 because the Zoning Ordinance permits semi public uses (religious institutions) in residential zones with an approved conditional use permit. 7. Granting the variance or its modification will not be incompatible with the City of poway General Plan. Section 3: City Council Decision: The City Council hereby approves Variance 91-06 subject to the following conditions: =,~' l~ l r..:.:.:.:.:.: i:,\\"'M ;...... I 2310 Resolution No. P-91-73 Page 3 1. Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. 2. The applicant shall obtain a City Council approved development review and a modification to the existing County use permit for the proposed church addition prior to building permit issuance. 3. The property shall be developed in accordance with the approved site plan on file with the Planning Services Department. 4. Approval of this variance shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of building permit issuance. 5. This variance shall become null and void October 29, 1993 if building permits have not been issued. APPROVED and ADOPTED by the City Council of the City of Poway, state of Californie, this '9th day of oct. er ':f" ~\c~_ Ja GOI~mith' Mayor ATTEST: 'ih Marjor'e ~ ~ tV"-'> -l.- Wahlsten, City Clerk ~ l-~ [ [,',;',", t:.::::::I;:~ 2311 Resolution No. P- 91-73 Page 4 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-Ql-73 . was duly adopted by the City Council at a meeting of said City Council held on the ,Qth day of ____ October , 1991, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE k ')lltvu-b... K. Wahlsten, City Clerk oway REPORT IVAR91 DB ,RES