Covenant Regarding Real Property 1991-0347706
RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
)
No Transfer Tax Due )
2207
DC_ ": 1991-0347706
16-JUL-1991 08=31 AM
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, (OUHTY RECORDER
RF: 8.00 FEES: 15.00
AF: 6.00
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Donald W. Breihan and Louticia L. Breihan, husband and wife as
community property as to an undivided one half interest and Donald
C. Breihan and Carolyn A. Breihan, husband and wife as community
property, as to an undivided one half interest ("OWNER"
hereinafter) are the owners 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 317-480-10 ("PROPERTY"
hereinafter). In consideration of the approval of Variance 91-02
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In the event that Variance 91-02 expires or is rescinded by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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CITY OF POWAY
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(NO need to Notarize)
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ORDER NO. 994668-14
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAS'l' QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF, SAID PORTION LYING NORTHERLY OF
THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 13 ; THENCE ALONG THE WESTERLY LINE
THEREOF SOUTH 02"20'33" WEST, 553.37 FEET TO THE TRUE POINT OF
BEGINNING OF THE WITHIN DESCRIBED LINE; THENCE LEAVING SAID WESTERLY
LINE SOUTH 5B" 27 I D3" EAST ALONG THE CENTER LINE OF THAT IRREVOCABLE
OFFER OF DEDICATION GRANTED TO THE COUNTY OF SAN DIEGO RECORDED
SEPTEMBER 29, 19BO NO. BO-316749 OF OFFICIAL RECORDS TO THE EASTERLY
LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE POINT
OF TERMINUS, SAID POINT LYING NORTHERLY ALONG SAID EASTERLY LINE 5.B2
FEET, MORE OR LESS, FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13.
PARCEL B:
PARCEL 1 OF PARCEL MAP NO. 15715, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 21, 19B9 AS FILE NO. B9-32B217 OF
OFFICIAL RECORDS.
RESERVING THEREFROM IN FAVOR OF THE GRANTOR AN EASEMENT AND RIGHT OF
WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES, INCLUDING BUT
NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE
TELEVISION LINES AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND
ACROSS THAT PORTION FOR PRIVATE ACCESS FOR PARCELS 2 AND 3 AND ALSO
THE NORTHEASTERLY 30.00 FEET.
SAID EASEMENT IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE
AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF
PARCELS 2 AND 3 OF SAID PARCEL MAP.
PAGE 7
cRAL ACKNOWLEDGMENT
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State of AiJ~t
County of ~ A;;i>
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On this the .141:1 day of -Jr 19 U. before me, '"
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Notary Public, personally appeared
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~ersonal1Y known to me
[] proved to me on the basis of satisfactory evidence
to b'e the person(s) whose name(s) /lA1 subscribed
to the within instrument, and acknowledged that ~~
executed it.
WITNES my ha d and official seal.
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'ARTNERSHIP ACKNOWLEDGMENT
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On this the
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the undersigned Notary Public, personally appeared
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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. '"
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'" Notary's Signature '"
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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GENEPAL ACKNOWLEDGMENT
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OFFICIAL SEAL
(J.IU HAllIElO
NOTARV PlJSlIC. CALIFORNIA
SAN DIEGO COUNTY
My Comm, up;... Ju.e 29. 1992
PARTNERSHIP ACKNOWLEDGMENT
* * * * * * * * * * * * * * *
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On thi s the 26th day of ,June
2209
f * * * * * * * * * * * * * *
19 ~, before me, *
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Cad Hatfield
the udersigned Notary Public, personnally appeared
*
Donald W. Breihan and Louticia L. Breihan
*
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[] personally known to me
ug proved to me on the basis of satisfactory evidence
be the person(s) whose name(s) are subscribed
the within instrument, and acknowledged that they
executed it.
WITNESS my hand and official seal.
*
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On this the ____day of
19
before me,
the udersigned Notary Public, personnally appeared
[] personally known to me
[] proved to me on the basis of
to be the person{s) who executed
on behalf of the partnership and
the partnership executed it.
WITNESS my hand and official seal.
satisfactory evidence
the within instrument
acknowledged to me that
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* Notary's Signature *
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CORPORATE 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 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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* Notary's Signature *
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2210
RESOLUTION NO. P- 91-38
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
. APPROVING VARIANCE 91-02
ASSESSOR'S PARCEL NUMBER 317-480-10
WHEREAS, Variance _ 91-02, submitted by Craig Breihan,
applicant, requests approval of a 16 foot high crib wall located on
the east side of Community Road south of Civic Center Drive where
a six foot height is the maximum permitted in the PC zone; and
,
WHEREAS, on June 18, 1991, the City Council beld a duly
advertised public bearing to solicit comments from the public both
pro and con, relative to tbis application.
NOW, THEREFORE, the City Council does hereby resol ve as
follows:
Section I: Environmental Findinqs:
This project is categorically exempt under the provisions of
CEQA (Class 5), minor alteration in land use limitations.
Section 2: Findinqs:
I. The proposed proj ect will be consistent with the existing
general plan given the minimal nature of the request and
there is a reasonable probability that the project will
be consistent with tbe proposed general plan.
2. 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
classifications.
The unusual circumstances include the soils conditions on
the site which preclude the use of standard 2:1
manufactured slopes. The 16 foot crib wall is necessary
to avoid slope heights over 30 feet and prevent excessive
encroachment into the hillside/open space area.
3. 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.
EXHIBIT "B"
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2211
Resolution No. P-91-38
Page 2
other mobile home parks in the area have a density
ranging from 7.8 to lO dwelling units per acre (du/ac)
and are largely located on level parcels. Because of the
slope and soils conditions on this site, the variance is
necessary to achieve a comparable density of 6.4 dU/ac,'
A maximum of eight dulacre is currently permitted for
mobile home parks within the Planned Community Zone.
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.
n -The-wail can- be landscaped to avoid impacts on the mobile
homes located adjacent to it and the grading of the site
and position of the mobile homes will screen much of the
wall from the view of traffic on adjacent roadways.
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 of the unusual
circumstances on this site and because over-height
retaining walls have been permitted elsewhere in the City
where warranted by site conditions.
6. The granting,of this variance does not allow a use or
activity. which is not otherwise expressly authorized by
the zoning regulations governing the parcel of property
because the South poway planned Community designates this
site for use as a mobile home park.
4.
5.
Section 3: City Council Decision:
The City Council hereby approves Variance 91-02 subject to .the
following conditions:
I. 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. Prior to issuance of the grading permit, the applicant
shall submit a landscape plan for the crib wall and
adjacent slope. The landscape plans must be approved
prior to issuance of the grading permit.
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2212
Resolution No. P~91~38
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway,
state of California, this lath day of June. 1991. '
ATTEST:
Mayor
k1V4Mt4.-
wahlsten, City Clerk
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. P-91-38, was duly adopted by the City Council
at a meeting of said City Council held on the 18th day of ____
June ,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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K. Wahlsten, City Clerk
oway
REPORT\VAR9102.RES