Covenant Regarding Real Property 1991-0526944
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RECORDING REQUEST BY:
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CITY OF POWAY
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WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
P.O. BOX 789
POWAY, CA 92064
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No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Douglas O. Casady and Paulette S. Casady, husband and wife as
joint tenants ("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 314-
632-42 ("PROPERTY" hereinafter). In consideration of the approval
of Variance 91-07 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In the event that Variance 91-07 expires or is rescinded by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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OF POWAY
Dated:
Dated:
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By
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(No need t Notarize)
1107
Lot 239 of CUJN1Y OF SAN DIEn> TRACl' 3461-7, in the City of Poway, Chmty of San
Diego, state of California, acoording to Map thereof N:>. 8885, filed in the
Office of the Chmty Recorder of said San Diego Chmty en June 7, 1978.
roENERAL ACKNOWLEDGMENT
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: State of ~o..i!;l ifVl4AC--
* Gounty of .Jt\.N-- k.:./c
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On this the ~::;~ay of ,~o..6---r>v0'-VL.19 CJ...!, before me, :
4 t.- i C. E ('. /<I-- rL e:.-v *
the udersigned Notary Publ ic, personnally appeared *
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-j)tUtd~ [J: te!1LMi(j'd-ltUddti.i: ~A..4'<'CJt' :
o personally known to me *
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F7L proved to me on the basis of satisfactory evidence to *
be the person(s) whose name(s) ~, subscribed to *
the within instrument, and acknowledged that ~L, *
executed it. Cl
WITNESS my~and and official seal.
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e OFF1CIAL SEAL
A'llai CARfY
IIOTAIn' PIl8l.lC . CAlIFORNIA
SM D1EQO COUIITY
lit _ ... 118: 17, 1983
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s Signature
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* Notar
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PARTNERSHIP ACKNOWlEDGMENT
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* State of
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* County 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
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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CORPORATE ACKNOWLEDGMENT
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* State of
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* County of
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On this the ____day of
19
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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11 09
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RESOLUTION NO. P- 91-60
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 91-07
ASSESSOR'S PARCEL NUMBER 314-632-42
WHEREAS, Variance 91-07, submitted by Douglas and Paulette
Casady, applicants, request approval of a variance for a 7' to 11'
high retaining wall and fence to be located along the street side
and rear property line at 14945 Amso Street where a six foot total
height is the maximum permitted in the RS-7 zone; and
WHEREAS, on September 17, 1991, the City Council held a duly
advertised public hearing to solicit comments from the public both
pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
This project is categorically exempt under the provisions of
CEQA (Class 5) because it is a minor alteration in land use
limitations.
Section 2: Findinqs:
1. The proposed project 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 the 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 one foot to five
foot grade differential between the building pad and
adjoining street and drainage area.--The retaining wall
and fence allow the property owners to increase the
usable area in their back yard so that it will be similar
in size to other back yards in the vicinity.
3.
Granting the variance, or its modification, is necessary
for the preservation and enj oyment 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 in that the retaining wall and
"EXHIBIT B"
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Resolution No. p-91-60
Page 2
4.
fence are necessary to provide a usable rear yard area
with security and privacy for their pool and spa.
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,
because the fence and wall adjoin a street and drainage
easement rather than adjoining other building sites, and
existing houses across the street from the wall/fence are
oriented away from the proposed fencing. In addition,
the design of the wall, with its combination of wood and
brick, is complementary to adjacent development.
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, in that other lots in the
subdivision have six foot high privacy fencing along side
and rear property lines and the variance will secure this
right for the subject lot.
5.
6.
The granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
the zoning regulation governing the property because side
and rear property line fencing is required by the Zoning
Ordinance for smaller single-family lots.
Section 3: City Council Decision:
The City Council hereby approves Variance 91-07 subject to the
following condition:
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.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 17th day of sep~emberi 1991.
A c;, - "...\" vl_
Jan Goldsmith, Mayor
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ATTEST:
'Jh~"Lc ~ ?1J~h.
Marjorte\K. Wahlsten, City Clerk
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Resolution No. P-91- 60
Page 3
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify under penalty of perjury that the foregoing
Resolution, No. P-91-60 , was duly adopted by the City Council at
a meeting of said City Council held on the 17th day of September,
1991, and that it was so adopted by the following vote:
AYES:
EMERY, MCINTYRE, SNESKO, GOLDSMITH
NONE
NOES:
ABSTAIN: NONE
ABSENT: HIGGINSON
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Marj or~e
City 0
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K. Wahlsten, City Clerk
oway
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