Covenant Regarding Real Property 1990-574889
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CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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RECORDING REQUEST BY:
CITY OF POWAY
VEf:,,," l" LYLE I
CUU~! Y HECO~Of!~ -
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WHEN RECORDED MAIL TO:
No Transfer Tax Due
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(This space for Recorder's Use)
,OVENAN~ ~ARDING REAL PROPERTY
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Paul R. and JoanneT. Whistler, husband and wife are the owners
of real property described in Exhibit A which is attached hereto
an made a part hereof and which is commonly known as Assessor's
Parcel Number 317-620-44 ("PROPERTY" hereinafter). In
consideration of the approval of Variance 90-08 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In the event that Variance 90-08 expires or is rescinded by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: ,~_A,J I~ /99/J
CITY OF POWAY
By ~ LJ,'J# -t/~~J
Form 1292-3
Interim Binder
Resale Form
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The land referred to in this Binder is situated in the State of California, County of
San Diego
and is described as follows:
That portion of Lot 232 of Heritage Hills Unit No.5, in the County of San Diego,
State of California, according to Map thereof No. 6608, filed in the Office of
the County Recorder of said County, lying Southerly of a line described as
follows:
Beginning at the Northwest corner of the South 200 feet of said lot; thence South
88026'13" East parallel with the South line thereof, 138 feet; thence North 42020'46"
East 60.12 feet to the Southwesterly line of Tuscarora Drive.
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". State of U_4(./N' on this the ~ day of 0,., ~h ) 19~, before me, *
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* County of x.... )i/("'1<9) NtHJ~ JJ. ^hl<.-CeJ~ , *
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OFFICIAL SEAL
NANCV N NEUFELD
Notary Publlo-CallomIa
SAN DIEGO COUNTY
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g-:- proved to me on the basis of satisfactory evidence *
to be the person(~ whose namef.4) ~ subscribed *
to the within instrument, and acknowledged that ~, .
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WI~ hand and official seal. :
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Mv Ccmm. Exp. Doc. 21, 1992 ."
PAR'mERSHIP ~
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* Notary's Signature
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On this the day of 19 _, before me,
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State of
the undersigned Notary Public, personally appeared
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on behalf of the partnership, and acknowledged to me that
the partnership execu~ it.
WITNESS my hand and official seal.
CXlRPORATE ~
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* State of
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On this the day of 19 _, before me, *
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the undersigned Notary Public, personally appeared
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personally known to me
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or on behalf of the corporation
and acknowledged to me that the corporation
therein named,
executed it.
WI'INESS my hand and official seal.
* Notary's Signature
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On this the 5-9& day of OCro8e/l. 19 90 , before Ire, ,
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County of Sf/IV ",Ft:. 0
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the undersigned Notary Public, personally appeared
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· OFFICIAL SEAL to the within instrument, and acknowll8dged that He'"
· PHYlLIS CAROL MANFUL executed it.
. NOTARY PUBLIC - C,\UFORNIA ~~~/~.d ~ _Offi~i~.
* StAiN DIEGO COUNlY '~_~ ~ / / fPl'?1 ;
: My comm.~~~e:.::o.::'~~~1j Notary' ignature ~ :
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PARlNERSBIP ~
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* State of
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- On this the
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the undersigned Notary Public, personally appeared
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o proved to me on the basis of satisfactory evidence *
to be the person(s) who executE:d the within instrument *
on behalf of the partnership, and acknowledged to Ire .that *
the partnership executed it. . *
WITNESS my hand and official seal. *
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On this the day of 19 _, before me, *
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the undersigned Notary Public, personally appeared *
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County of
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therein narred, and acknowledged to me that the corporation ,.
executed. it. *
WITNESS my hand and official seal. *
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RESOLUTION NO. p-90-72
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 90-08
ASSESSOR'S PARCEL NUMBER 317-620-44
WHEREAS, Variance 90-08, submitted by Paul and Joann Whistler,
applicants, request approval to allow the construction of an eight
to nine foot high retaining wall along the north side of the
driveway for the new home at 13020 Papago Drive in the RS-7
(Residential Single-Family 7) zone; and
WHEREAS, on September 18, 1990, 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 ci ty Council does hereby resolve as
follows:
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section 1: Environmental Findinqs:
The City Council finds that Variance 90-08 will not result in
any significant impact on the environment and hereby issues
a Negative Declaration with mitigation.
section 2: Findinqs:
1. That 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
Development Ordinance deprives the property of privileges
enjoyed by other properties in the vicinity under
identical zoning classification.
The steep slope and unstable soils on the property limit
the amount of buildable area of the lot.
2.
That 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.
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The retaining wall will not be injurious to other
properties in the vicinity in that it will contribute to
the completion of improvements on the lot which
indirectly could improve the surrounding property values.
283
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Resolution No. P-90-72
Page 2
3. That 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.
By granting the variance, the owner will be able to build
a driveway which is consistent with Fire Department
gradient recommendations.
4.
The granting of this variance does not constitute a
special privilege inconsistent with the limitation upon
other properties in the vicinity and zone in which such
property is situated in that the new home is comparable
in size to existing homes in the neighborhood and
buildable area is so limited.
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5. The granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
zoning regulations governing the parcel of property, 1n
that the Zoning Code permits the construction of a
single-family home on any residentially zoned legal lot.
6. That the granting of the variance or its modification
will not be incompatible with the poway General Plan in
that the site is designated for single-family development
and related accessory uses.
section 3: citv Council Decision:
The city Council hereby approves Variance 90-08 subject to
the following conditions:
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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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1.
The site shall be developed in accordance with the approved
site plan and elevations on file in the Planning Services
Department.
2. The appropriate Building Department approvals shall be
received prior to initiation of construction.
284
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Resolution No. P- 90-72
Page 3
3. This permit shall become null and void on September 18, 1992
if building permits have not been issued.
4. All trees removed from the site, including those located
within the public right-of-way, shall be replaced at a one-
for-one ratio at a minimum 15 gallon size.
5. All slopes in excess of five feet in height shall, at a
minimum, be revegetated with a native hydroseed mix and
receive temporary irrigation until established.
6. The retaining wall shall be constructed of either tan slump
stone block or stuccoed to match the house.
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APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. A right-of-way permit shall be obtained from the City I S
Engineering Services Department for any work to be done within
the public street right-of-way or any City-held easement.
Said work shall include, but is not to be limited to,
construction of driveway approach, sewer lateral installation,
water service line installation, street construction
(including concrete curb, gutter, and sidewalk). Permit shall
be obtained prior to start of work.
2. The site is being graded per City approved grading plan G524-
89. Any modification to the approved grading which will
result in the movement of more than 50 cubic yards requires
a grading permit to be obtained prior to start of the grading
operation. Additional inspection fee may be required.
APPROVED and ADOPTED by the City council of the City of Poway,
State of California, this 18th day of September, 1990.
~ Ii.,
Don H~nS~ayor
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ATTEST:
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Marjorie K. Wahlsten, City Clerk
285
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Resolution No. P-90-72
Page 4
STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, city Clerk of the City of Poway, does
hereby certify, under the penalty of perjury, that the foregoing
Resolution No. P-QO-7? , was duly adopted by the City Council
at a meeting of said city Council held on the lRth day of
Septemhpr , 1990, and that it was so adopted by the
following vote:
AYES: 8RANNON, EMERY, GOLDSMITH, KRUSE, HIGG INSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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A:\VAR9008.RES
Yh CL0k K JU~ fr.-
Marjorie\K. Wahlsten, City Clerk
city of poway
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