Declaration of Restrictions 1991-0410520
RECORDING REQUESTED BY:
CITY OF POWAY
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r~c " 1991-0410520
1~-AUG-1991 08=14 AM
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CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY. CA 92064
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OFFICIAL RECORDS
SAN DIEGO COUNTY RECOROER1S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RF= 7.00 ~Et.~: 13.00
AF~ 5.00
MF: 1. 00
AND WHEN RECORDED MAIL TO:
This space for Recorder's use
DEClARATION OF RESTRICTIONS
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This Declaration of Restrictions made this rt;.--'dayof ::J.;tV
1991 by PAUL DONOVAN PRIVAT and LORRAINE MARY PRIVAT, who are hereinafter
collectively referred to as the "PRIVATS."
WHEREAS, PRIVATS are the owners of the property which is commonly referred
to as Assessor's Parcel Number 321-180-54 and more particularly described in
Exhibit "A" attached hereto and incorporated herein by this reference;
WHEREAS, such property is a portion of a parcel created by Boundary
Adjustment Number B77-0688 approved by the Director of the Department of Land
Use Re9ulation of the County of San Diego, State of California on August 12,
1977;
WHEREAS, sufficient evidence has been provided to the City of poway to
establish that the above-described property may have been lawfully created
under the prevailing subdivision standards at the time of the above-referenced
boundary adjustment;
WHEREAS, the PRIVATS. their purchasers, assignees, or transferrees wish to
develop the property;
WHEREAS, a Certificate of Compliance is required to proceed with the deve-
lopment of such property;
WHEREAS, the PRIVATS have requested the City of poway to issue a Certifi-
cate of Compliance for the above-described property;
WHEREAS, as a condition of granting such Certificate of Compliance, the
City of Poway requires Declarant to restrict the use, improvement and/or deve-
lopment of the above-described property in the manner as set forth hereinafter.
NOW, THEREFORE, the PRIVATS declare that upon the issuance of a Certificate
of compliance by the City of Poway, the property shall be held, transferred,
encumbered, used, sold, conveyed, leased, and occupied, subject to the coven-
ants and restrictions hereinafter set forth and that such covenants and
restrictions shall run with the land, and therefore, be ,binding on all parties
and all persons claiming under them.
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Bul1d1ng Pad
1. The creation of any building pad for the construction of any future
house shall be located so as to preserve the "prominent boulder outcropping" on
the property. The "promi nent boul der outcroppi ng" is more parti cul arly
described in Exhibit "B" attached hereto and incorporated herein by this
reference.
Bul1d1ng Des1gn
2. The construction of any house on the property shall use a split level
foundation so as to conform, to the extent reasonably practicable, to the
natural contours of the property.
Pr1ntY
3. A good faith effort shall be required in the design and construction of
any house on the property so as to preserve, where possible, the privacy of the
property which is particularly described in Exhibit "C" attached hereto and
incorporated herein by this reference. Such good faith effort shall require
architectural design which is sensitive to such requirement and the use of
fencing and landscape screening where practicable.
Miscenaneous
4. Unless otherwise specified in this Declaration, the development of any
house on the property shall be subject to the development standards which are
in effect at the time of submission of any permit application for construction
of any house on the property.
IN WITNESS WHEREOF, the PRIVATS have executed this Declaration of
Restrictions the day and year first written above.
~~";!;1.12:-1
STATE OF ARIZONA }
COUN1'Y Of YAVAPAI IS.
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This j was acfno'/ll,d"G~ "store me this9-L-day of
,H"_9\_L. ,___eAl.J\- n Pn...\ \I Po l'
In witness he i I f:2it. .~~. ~~: r-:, [::::ld 2nd cffil:isl seal
1 1-o(L.e.AI,..J~
M PR.lvl'l---:-
, NOTi':RY i'DlllJ:
My CommissIon txpL-GS D[;c. 31, 1993
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EXHIBIT "A"
That portion of the East half of the Southwest quarter of
Section 7, Township 14 South, Range 1 West, San Bernardino
Base and Meridian, according to United States Government
Survey, approved January 13, 1883, described as follows:
Beginning at a point on the Northerly line of Belvedere
Estates, Unit 2, according to Map thereof No. 4410, filed
in the Office of the Recorder of San Diego County, distant
thereon North 81040' 12" East, 130.00 feet from the North-
westerly corner of Lot 47 of said Unit 2: thence North
02030'59" East, 169.83 feet: thence North 07023'17" East,
28.18 feet: thence South 89029'32" East, 261.23 feet: thence
South 02030' 59" ~Iest, 156.58 feet to the Northeasterly corner
of Lot 46 of said Unit 2: thence South 81040'12" west along
the Northerly line of said Unit 2, 268.26 feet to the Point
of Beginning.
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EXHIBIT -B-
That portion of the East half of the Southwest quarter of
Section 7, Township 14 South, Range 1 West, San Bernardino
8ase and Meridian, according to United States Government
Survey, approved January 13, 1883, described as follows:
Commencing at a point on the Northerly line of Belvedere
Estates, Unit 2, according to map thereof No. 4410, filed
in the Office of the Recorder of San Diego County, distant
thereon North 81040'12" East, 130.00 feet from the North-
westerly corner of Lot 47 of said Unit 2; thence North 020
30'59" East, 169.83 feet; thence North 07023'17" East,
28.18 feet; thence South 89029'32" East, 50.,00 feet to the
TRUE POINT OF BEGINNING; thence South 89029'32" East, 96.20
feet; thence South 32030'28" West, 71.50 feet; thence South
69030'28" West, 54.00 feet; thence North 34054'32" West,
29.60 feet; thence North 09054'57" East, 56.63 feet to the
TRUE POINT OF BEGINNING.
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EXHI8IT .C.
Lot 46 and the Northeast 15 feet of Lot 47 of Belvedere Estates,
Unit No.2, in the City of Poway, County of San Diego, State
of California, according to Map thereof No. 4410, filed in the
Office of the County Recorder of San Diego County December 8,
1959.
Reserving therefore an easement for road and utility purposes
over, under, along and across the Easterly 20' of the property
herein described.