Covenant Regarding Real Property 1992-0006842
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Ri:.CORD I NG REQUEST BY: )
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CITY OF POWAY )
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WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY. CA 92064 )
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No Transfer Tax Due )
1991
DO' " 1992-0006842
07-JAN-1992 08:26 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
AHNETTE EVANS, COUNTY RECORDER
RF: 11.00 FEES: 29.00
AF: 17.00
MF: 1.00
(This space for Recorder's Use)
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COVENANT REGARDING REAL PROPERTY
Highlands Ranch Homeowners' Association, a California
NonProfit Mutual Benofit 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 272-761-41 ("PROPERTY" hereinafter). In
consideration of the approval of Conditional Use Permit 91-13 and
Variance 91-09 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 Conditional Use Permit 91-13 and Variance
91-09 expires or is rescinded by City Council at the request of the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. f rom the other par ty. The CI TY may assign to persons
impacted by the performance of thO Covenant the ri ht to enforce
this Covenant against OWNER. .\\\<Rtl<- O"'JWd
,............, A~~~LIPc-I\oAl
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Dated: (3 -,_
(Notar'z ).
OF POWAY
Dated:
1~/7'2--
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Dated:
By
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(No need to tarize
1992
EXHmIT A
LEGAL DESCRIPTION
Lot 41 of CITY OF POWAY TRACT NO. 88-01, in the City of Poway, County of San
Diego, State of California, according to Map thereof No. 12123, recorded in the Official
Records in the Office of the County Recorder of San Diego County, California, on July 14,
1988, as Document No. 88-341478.
1993
GENEI<AL ~
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01 this the day of 19 _, before m:, *
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* state of
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* County of
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the undersigned N:>tary Public, personally appeared
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t1 personally known to lie
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. J'.btary' s Signature *
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tl proved to lie on the basis of satisfactory evidence
to be the person(s) whose name(s) subscribed
to the within inst.rulrent, and a.ckrx:Mledged that
executed it.
WI'rnESS my hand and official seal.
(>ARmERSHIP ~
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()1 this the day of 19 _, before ne, *
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. State of
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. County of
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the undersigned N:>tary Public, personally appeared
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* N:>tary . s Signature *
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tl personally known to lie
tl proved to lie on the basis of satisfactory evidence
to be the person (s) who executed the wi thin instruIIent
on behalf of the partnerShip, and ackncM1edged to lie that
the partnership executed it.
WI'rnESS my hand and official seal.
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* state of California
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San Diego
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01 this the
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3rd day of
Januarv
19 -2..2....' before lie,
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County of
Cheryl Guebert
the undersigned N:>tary Public, personally appeared
,
Keith R. Kelley, President & Jill H. Kel1ev. Secretary
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OFFICIAL SEAL
CHERYL GUEBERT
NOTARY PUBLIC-CALIFORNIA
, PRINCIPAL OFFICE IN
. SAN DIEGO COUNTY
'. . My CommIssion Exp. AUGUST 5,1994
~ personally known to lie
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t1 proved to m: on the basis of satisfactory evidence to *
be the person(s) who executed the within instrtment as *
lCIt on behalf of the corporation *
therein named, and ackncMledged to lie that the corporation *
executed it. *
WI~~ my hand andpffiCial seal. :
~ AV),.ll 0 ~ JJJ.A;{; *
Notary's s1gQature *
_ _ . . . . . . . . . . . A A_ ~ A ~_ ~ ~ ~ ~ A A . + + + + + + . * + + + + + * + + + + . +
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1994
EXHIBIT B
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RESOLUTION NO. P-91-80
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-13 AND VARIANCE 91-09
ASSESSOR'S PARCEL NUMBER 272-761-0S
WHEREAS, Conditional Use Permit 91-13 and Variance 91-09,
submitted by Keith Kelley, applicant, requests approval for a 70'
x 125' private tennis court for the Highlands Ranch subdivision
with associated parking and a variance to allow the court to
observe zero foot side and rear yard setbacks where ten foot
setbacks are required on a site located on the south side of
Highlands Ranch Road, 70 feet west of Highlands Ranch Terrace in
the RR-C zone; and
WHEREAS, the Director of Planning Services has recommended
approval of the conditional use permit and variance as described in
the Planning Department report; and
WHEREAS, the City Council has read and considered said report
and has considered other evidence presented at the public hearing
held on November 19, 1991; and
NOW, THEREFORE, the City Council does hereby resol ve as
follows:
Section 1: Environmental Findinqs:
The City Council finds that the project qualifies for a class
3 categorical exemption as a small accessory structure
Section 2: Findinqs:
Conditional Use Permit 91-13
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.
2.
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 facility is
unlighted and separated from adjacent lots by slopes and
driveways. Conditions of approval limiting hours of
operation and requiring landscaping screening also serve
to ensure compatibility.
3. That the scale, bulk, coverage, and density is consistent
with adjacent uses in that a ten foot screening fence is
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Resolution No. p-91-80
page 2
the only structure which is to be built and surrounding
lots are developed with very large homes on lots one acre
or larger in size.
That there are available public facilities services and
utilities in the proximity to serve the proposed use.
That there will not be a harmful effect upon desirable
neighborhood characteristics, in that adequate mitigation
measures will be implemented through the conditions of
approval.
That the generation of traffic will not adversely impact
the surrounding streets and/or the City's Circulation,
because the court will only accommodate a maximum of four
players and will only be open for residents in the
Highlands Ranch subdivision.
That the site is suitable for the type and intensity of
use and development proposed in that the site is
separated from adjacent residences by slopes and private
drives.
That there will not be significant harmful effects upon
the environmental quality and natural resources in that
the site was previously graded and no significant natural
features remain.
9. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
10. 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 in.that the General plan designated this site
for rural residential use and the tennis court is a
common accessory facility for rural residential
development.
Variance 91-09
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1.
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.
The special circumstances present in this case include
the existence of a 16 foot wide driveway easement and
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Resolution No. P- 91-80
Page 3
drainage swale to the south and east of the court. These
existing features provide more than the ten foot minimum
separation required by the code.
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 zone and denied to the property for
which the variance is sought; in that many rural
residential lots in poway enjoy the use of tennis courts.
Due to the steep topography in the Highlands Ranch
subdivision, many of the lots contain manufactured slopes
which reduce the usable area available for tennis court
construction. The construction of this community facility
will allow the residents in this project a recreational
amenity commonly available in residential developments
where lot size is greater than one acre.
That 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; because there is adequate separation between the
court and adj acent residential lots. Conditions of
approval prohibit lighting for night games and require
landscaping to soften the visual impact of the ten foot
fencing.
4. 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; because the court is designed to
serve the surrounding subdivision and provides for a
buffer area as large or larger than the minimum existing
on many private residential courts.
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5. The granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
the Zoning Ordinance governing the parcel of property; in
that tennis courts are a permitted use in rural
res"idential zones.
6.
That granting the variance or its modification will not
be incompatible with the poway City General Plan because
the plan designates this site for residential use and the
tennis court is an accessory facility for residential
development.
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Resolution No. P-91-80
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Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 91-13
and Variance 91-09 subject to the following conditions subject
to the following conditions:
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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. An annual review of this use shall be conducted by the
Planning Services Department to monitor compliance with the
conditions of approval. If the project is not in compliance
with conditions or if complaints have been received the
required annual review shall be set for a public hearing
before the City Council to consider modification or revocation
of the permit.
2.
The use conditionally granted by this permit shall not be
conducted in such a manner as to interfere with the reasonable
use and enjoyment of surrounding residential, recreational,
and municipal uses.
3. The site shall be developed in accordance with the approved
site plans on file in the Planning Services Department.
4. A minimum of three off-street parking spaces shall be
maintained for the court.
5. Hours of operation shall be from 7:00 a.m. to dusk. No court
lighting shall be constructed unless approved by City Council
as an amendment to this permit.
6. Prior to issuance of building permits, the applicant shall
submit plans for landscaping of the 20 foot setback on
Highlands Ranch Road and buffer areas and slopes along the
side and rear property lines. The landscaping shall include
a mixture of drought tolerant ground cover, shrubs, and trees
irrigated by low volume emitters. Trees shall be evergreen
species spaced close enough to provide a dense screen within
three - five years. At no point shall buffer landscape areas
be less than ten feet in width.
7.
Prior to final inspection of the court, the applicant shall
record a landscaping easement over a portion of Lot 5 to
incorporate the landscaped areas adjacent to the southern and
eastern property lines. The easement shall be worded so as to
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Resolution No. P- 91-80
Page 5
preserve the right of the Highlands Ranch Homeowner's
Association to care for and maintain the landscaping between
the court and future single-family residences on Lot 5.
The fence surrounding the court shall not exceed ten feet in
height.
If wind screening is used, the applicant must obtain prior
approval from the Planning Services Department. The material
utilized shall be dark green or brown or other muted tone
designed to blend with landscaping.
APPROVED and ADOPTED by the City Council of the City of Poway,
state of California, this 19th day of No~ember 1991.
B.
9.
ATTEST:
Mayor
I~~t:
Wahlsten, City Clerk
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1999
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Resolution No. p-91-80
Page 6
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-91-80 , was duly adopted by the City Council
at a meeting of said City Council held on the l~th day of ____
November , 1991, and that it was so adopted by the following
vote:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NOES:
ABSTAIN: NONE
ABSENT:
NONE
Clerk
REPORTICUP9113.RES