Covenant Regarding Real Property 1991-0374572
1762
DOl H: 1991-0374572
30-JUL-1991 08=10 AM
RECORDING REQUEST BY:
CITY OF POWAY
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SAN DIEGO COUNTY RECORDER;S OFFICE
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RF: 9.00 FEES: 17. 00
AF: 7,00
MF: 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
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John A. Greenwood, an unmarried man, and Stephanie Kicinski,
an unmarried woman, as joint tenants ("OWNER" hereinafter) are 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 321-370-04 ("PROPERTY" hereinafter), In
consideration of the approval of Conditional Use Permit 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 Conditional Use Permit 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rescinded by City Council at the request of the OWNER, CITY shall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:
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Dated:
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(Notarize)
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OWNER Notarize)
Dated:
1"'1 ;(.5} If9/
CITY OF POWA Y
By
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(No need to tarize
1763
Parcel 4 of the CITY OF POWAY TRACT NO. 81-03, in the City of Poway, County of
San Diego, State of California, according to Map thereof No. 10990, filed in
the Office of the County Recorder of San Diego County, July 6, 1984.
GENERAL ACKNOWLEDGMENT
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.: State 'of C'a{J'/~"'" }
: County Of~MiL~,,) } SS.
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On this the;u,t*day of cg,~
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the udersigned Notary Public, personnally appeared
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-rVHA/ A. "1Zf5"e,II,/WOOf) 1 $TG'Pilfl/Vle' Klel/v,l:' I
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--1E3 perEoRilly kRO~A te me
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~proved to me on the basis of satisfactory evidence to "
;be the person(s} whose name(s) A~ G- subscribed to *
the with in ins trument, and acknowl edged that T If€'" c.r
executed it.
WITNESS my hand and official seal.
Of) a. &-uf~ /)~ i ~y
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OFFICIAL SEAL
PHYlLIS CAROl MANFUL
NOTARY PUBLIC - CAl1FORNIA
SilN DIEGO COUNTY
My comm. expires N.QV 29. 1991
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PARTNERSHIP ACKNOWLEDGMENT
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* State of
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On this the ____day of
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before me,
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the udersigned Notary Public, personnally appeared
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[] 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 *
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CORPORATE ACKNOWLEDGMENT
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On this the ____day of
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before me, *
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the udersigned Notary Public, personnally appeared
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[] 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. *
WITNESS my hand and official seal. *
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1765
RESOLUTION NO. P- 91-47
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-06
ASSESSOR'S PARCEL NUMBER 321-370-04
WHEREAS, Conditional Use Permit 91-06, submitted by John
Greenwood and Stephanie Kicinski, applicants, for the purpose of
establishing Jeremy's Ranch, an English Riding School, on the real
property located at 14545 Cedar Ridge Court in the City of Poway,
County of San Diego, State of California; and
WHEREAS, the City Council has read and considered said report
and has considered other evidence presented at the public hearing
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findings:
The City Council hereby issues a
mitigation measures required in
nuisance impacts.
Negative Declaration with
the area of traffic and
Section 2: Findings:
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 surrounding
uses are all rural residential and equestrian oriented in
nature.
3, That the scale, bulk, coverage, and density is consistent
with adjacent uses, in that all development standards of
the Zoning Development code are met. The project meets
the applicable property development standards for off-
street parking, setbacks, and lot coverage.
4. That there are available public facilities, services, and
utilities to serve the proposed use as all facilities and
services can be provided for through the conditions of
approva 1.
1766
Resolut ion No. P"'9l-47
Page 2
5, That there will not be a harmful effect upon desirable
neighborhood characteristics, in that no classes will be
conducted during evening hours.
6. That the generation of traffic will not adversely impact
the surrounding streets and/or the City's Circulation
Element in that a condition of approval will require the
number of students with vehicles to be limited to no more
than three at one time.
7. That the site is suitable for the type and intensity of
use and development proposed in that the site is located
in a rural residential zone and surrounded by like uses.
8. That there will not be significant harmful effects upon
the environmental quality and natural resources, in that
the building and facilities already exist. No further
site alteration is proposed.
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 use as well as present
development.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 91-04
subject to the following conditions:
1. Within 30 days of approval (l) 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
uses,
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
conditions contained herein.
1767
Resolution No. P-9l-47
Page 3
2. Approval of this request shall not waive compliance with all
sections of the Zoning Development Code and all other
applicable City Ordinance in effect at the time of building
permit issuance.
PARKING AND VEHICULAR ACCESS
* 1. A cleared and graded area shall be provided for student
parking adjacent to the exercise arena with the capacity to
comfortably park a minimum of three standard size vehicles,
*2.
Use of the parking area in front of the garage,
of the area designated for Fire Department
students shall be prohibited.
as we 11 as use
turnaround by
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
GENERAL REQUIREMENTS AND APPROVALS
* All outdoor school activities shall cease at sunset. No
lighting shall be installed at or near the exercise arena so
as to extend the hours of its use past sunset.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 23rd day of July 1991.
ATTEST:
Mayor
K 1J()./v;r~
Wahlsten, City Clerk
1768
Resolution No. P- 91-47
Page 4
STATE OF CALIFORNIA
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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-91-47 , was duly adopted by the City Council
at a meeting of said City Council held on the 23rd day of
July 1991, and that it was so adopted by the following
vote:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES:
NONE
ABSTAIN: NONE
ABSENT: NONE
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Marjor"e K. Wahlsten, City Clerk
P way
REPORT\CUP9104.RES