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expires or is rescinded by City Council at the request of the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