Loading...
Covenant Regarding Real Property 1991-0437995 1817 r~~ " 1991-0437995 27-AUG-1991 08:37 AM RECORDING REQUEST BY: CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) OFFICIAL RECORDS SAN DIEGO COUNTY RECOROER'5 OfFICE ANNETTE EVAHS, COUNTY RECORDER RF: 8,00 FEES: AF: 11.00 MF: 1.00 ~o no t.. .v 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) t/~ '\, L\ COVENANT REGARDING REAL PROPERTY Standard Pacific L. P., a Delaware Limited Partnership ("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 314-722-40 ("PROPERTY" hereinafter). In consideration of the approval of a modification of County Major Use Permit P81-13, Rancho Arbolitos Swim and Tennis Club, 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and assigns of the respective parties, In the event that modification to Major Use Permit P81-13 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 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. Standard Pacific, L.P., a Delaware Limited Partnership By: S c Corp., a Delaware Corporation, . g General Partner g-!9-Cf/ y Sa UTHORIZED REPRESENTATIVE (Notarize) CITY OF POWAY Dated: ''6'-/7-7/ Dated: Dated: tr,dt, ffl/ By &L/ lJ- #-'-~ No need to ~arize 181a Lot 79 of City of poway Tract 4113-1, in the city of poway, County of San Diego, state of California, according to Map thereof No. 11065 filed in the Office of the County Recorder of San Diego County on October 26, 1984. F [ 1820 RESOLUTION NO. P-91-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MODIFICATION OF MAJOR USE PERMIT P81-13 ASSESSOR'S PARCEL NUMBER 314-722-40 WHEREAS, a request has been submitted by Standard Pacific of San Diego to install lighting for three remaining tennis courts within the Rancho Arbolitos Swim and Tennis Club; and WHEREAS, a request has been made on the part of adj oining property owners for the modification of the CUP pertaining to the operation of the complex; and WHEREAS, it has been found that an original finding justifying the construction and operation of the tennis court complex was made in error; and WHEREAS, the City Council has read and considered staff's report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resol ve as follows: Section 1: Environmental Findinqs: The City Council hereby declares that the proposed project is Categorically Exempt, Class 3 - New Construction or Conversion of Small Structures. Section 2: Findinqs: All original findings in support of the approval of P81-13 are considered valid except for Item 5 which states: The suitability of intensity of use proposed: The fact supporting Finding (a-5) is as follows: the site for the type and or development which is The site is suitable inasmuch as it is at a lower elevation than the proposed homes to the south and east. In addition, sufficient areas have been set aside for landscaping. The City Council finds that the site is suitable because the operators of the tennis club have installed additional trees and landscaping to act as a visual buffer and that lighting of the court nearest the affected residences to the east.shall be E f l 1821 Resolution No. P-91-50 page 2 prohibited. These measures, along with clear prohibitions against trespassing, act as sufficient mitigation to allow the tennis club to continue operating adj acent to residential lots. Section 3: City Council Decision: The City Council hereby amends Major Use Permit P81-13 imposing the following conditions: 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 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 and commercial uses. Light rays emitted by the tennis court light fixtures for Courts #7 and 8 shall be projected below the imaginary horizontal plane passing through the lowest point of the fixture and in such a manner that the light is directed away from streets and adjoining properties. 4. Lighting of 'the subject tennis courts Court #9 shall be prohibited. 3 . 5. A dense landscape screen shall be maintained along the eastern slope, boundary. installed and to the property 6. The interior of the tennis court shall be posted with a notice to players prohibiting trespassing on adjoining residential properties. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 6th day of August 1991. ATTEST: ayor f L 1822 Resolution No. P-91-~ Page 3 STATE OF CALIFORNIA SS. 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. 91-~ , was duly adopted by the City Council at a meeting of said City Council held on the nth day of ____ AlIglld , 1991, and that it was so adopted by the following vote: AYES: EMERY, MCINTYRE, SNESKO NONE NOES: ABSTAIN: NONE ABSENT: HIGGINSON, GOLDSMITH M~ ~tOn~clerk City 0 poway REPORT\P8113.RES