Covenant Regarding Real Property 1991-0459020
CITY OF POWAY
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D~~ " 1991-0459020
09-SEP-1991 08=30 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
RF: 9.00 FEES:
AF: 13.00
MF: 1. 00
23.00
RECORDING REQUEST 'BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
P.O, BOX 789
POWAY, CA 92064
No Transfer Tax Due
(This space for Recorder's Use)
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COVENANT REGARDING REAL PROPERTY
Helen Kientz, Successor Trustee UDT, dated July 15, 1982
("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 275-332-28
("PROPERTY" hereinafter). In consideration of the approval of
Minor Conditional Use Permit 91-01 and Minor Development Review 91-
38 by the City of Poway ("CITY" hereinafter). OWNER hereby
covenants and agrees for the benef it 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 Minor Conditional Use Permit 91-01 and Minor
Development Review 91-38 expire or are rescinded by City Council at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:
pj)jU-, ::;, !elf' J
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Dated:
t1~--"&-4 )'19/
CITY OF POWAY
By
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71l
LOT 149 AND THE WESTERLY 47.5 FEET OF LOT 150 OF GREEN VALLEY
ESTATES UNIT NO. 11, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO, 4586, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 13, 1960.
. l!ENEIl.A~. ACKNOWLEDGMENT
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* State of Lt~A4h";'
. :-county Of~ &ujiJ l SS.
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@ OFFICIAL SEAL
. .-" NANCY N NEUFELD
, Nolory Publio-Callomla
.. SAN DIEGO COUNTY
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~ Carnm. EllP. Dee. 21. Il1112
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PARTNERSHIP ACKNOWLEDGMENT
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* State of
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On this the~day of 1d?1".1'i........I..u...
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to *
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Public, personnally appeared
[] personally known to me
~oved to me on the basis of satisfactory evidence
be the person(l4- whose name{-F-) ./;"" subscribed
the within instrument, and acknowledged that bdA'_
executed it~ Succ.essor ,rvsr-cect-uD; dA+<J 7-/S".i'..:l
WITNESS my hand and official seal.
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N t y' g at re
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before me, *
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* Notary's Signature *
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On this the ____day of
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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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CORPORATE ACKNOWLEDGMENT
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* State of
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before me, *
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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. *
On this the ____day of
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the udersigned Notary Public, personnally appeared
[] personally known to me
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* Notary's Signature *
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71:1
RESOLUTION NO. P-91-54
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 91-01
AND MINOR DEVELOPMENT REVIEW 91-38
ASSESSOR'S PARCEL NUMBER 275-332-28
WHEREAS, Minor Conditional Use Permit 9l-01 and Minor
Development Review 91-38, submitted by Helen Klentz/Rae Sage on
behalf of Anne Winton Realty, applicant, requests approval to
expand an existing real estate office building located at 16616
Espola Road, in the RR-C zone; and
WHEREAS, on August 13, 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 of the City of poway does
hereby resolve as follows:
Section 1: Environmental Findinqs:
This project
CEQA (Class
structures.
is categorically exempt under the provisions of
I), minor alteration of existing private
Section 2: Findinqs:
I. The proposed location, size, design, and operating
characteristics of the proposed use is in accord with the
title and purpose of this resolution, the purpose of the
zoning in which the site is located, the poway General
Plan and development policies and standards of the City,
because the building is an existing legal structure which
has been used lawfully and in co~pliance with the Zoning
Ordinance and 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 the use will
not change, and the extent of the physical change to the
building is not significant, and the sales office is
located on the corner of a major arterial, therefore
access to the property does not intrude into the single
family residential neighborhood.
3 .
That the harmony in scale, bulk, coverage, and density is
consistent with adjacent uses, because the building is
small in comparison to adjacent single family homes.
That there are available public facilities, services, and
utilities, because the use will be located in an existing
commercial building.
That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the sales office
has operated harmoniously with the surrounding
neighborhood for an extended period of time.
That the generation of traffic will not adversely impact
the surrounding streets and/or the City I s Circulation
Element, in that there is adequate off street parking
provided, and the addition of 44 square feet will not be
material to the generation of additional traffic.
That the site is suitable for the type and intensity of
use or development which is proposed, in that it is on
the corner of a busy intersection, and has been the site
of a real estate sales office since the inception of all
surrounding residential property in the immediate
vicinity.
That there will not be significant harmful effects upon
environmental quality and natural resources in that the
site is wholly disturbed and the area of expansion is not
significant.
9. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
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8.
72u
Resolution No. P-91-54
Page 2
4.
5.
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10. That the impacts, as described above, and the location of
the proposed use will not adver~ely affect the City of
poway General Plan for future as well as present
development in that the existing use conforms with the
provisions of the General Plan and the Zoning Ordinance.
Section .3: City Council Decision:
The City Council hereby approves Minor Conditional Use Permit
91-01 and Minor Development Review 91-38 subject to the
following conditions:
Within 30 days of approval, 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.
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Resolution No. P-91-54
page 3
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
The applicant shall obtain a sign permit and install the
replacement sign which shall not exceed 40 square feet in sign
area and shall not be greater than eight feet. in height.
Installation shall be required at building permit issuance.
SITE DEVELOPMENT
1. Approval of this request shall not waive compliance with all
sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of building permit issuance.
2. The applicant shall obtain a building permit for the addition.
The improvements shall conform to all applicable requirements
of the latest adopted Uniform Building, Plumbing, and
Mechanical Codes, the National Electric Code, and the state
Handicap and Energy Regulations.
GENERAL REQUIREMENTS AND APPROVALS
If building permits are not issued, the minor conditional use
permit and minor development review approvals shall expire on
August 13, 1993.
APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, this 13th day of August, 1991-
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ATTEST:
L-~
ith, Mayor
'J I \(L~\-"":L K' .;Aj(.Lk'~t'"'---
Marjorie K. Wahlsten, City Clerk
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72G
Resolution No. P-91-54
Page 4
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS.
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-91-54 , was duly adopted by the City Council
at a meeting of said City Council held on the 13th day of ____
AIJ\lIJ~t ,1991, and that it was so adopted by the following
vote:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
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NOES:
ABSTAIN: NONE
ABSENT: NONE
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Marjorie;K. Wahlsten, City Clerk
City of poway
REPORT\MCUP9101.RES