Covenant Regarding Real Property 1990-443111
686
90\"-3111
. t>Dc,r~-iiy 3 Ii (
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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aECOROING REQUEST BY:
CITY OF POWAY
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WHEN RECORDED MAIL TO:
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No Transfer Tax Due
(This space for Recorder's use)
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COVENANT REGARDING REAl PROPERTY
William R. Sperry and Nancy Sperry, 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 277-D20-21, located at 18575 Wild Horse Creek, Poway,
California ("PROPERTY" hereinafter). In consideration of the approval of
Conditional Use Permit 90-0J and Minor Development Review 90-18 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 90-03 and Minor Development Review
90-18 expire or are rescinded by City Council at the request of the OWNER, CITY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: f:/ -/ . <j,,:,
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Dated:
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OWNER (N ariz) .
CITY OF POWAY
Dated: <j -1- 9 u
By .~d ~*
(No n ed to Notarize
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'68"'7
00.201
INDIVIDUAL ACKNOWLEDGMENT
State of california
On this the 1st day of AUllUst
19...9fi, before me,
County of San Diego
}ss.
Nancv J. Van Dam
the undersigned Notary Public, personally appeared
Nancy Sperry and william R. Sperry
OFFICIAL SEAL
NANCY J VAN DAM
NOTARY PUBLIC - CA!...IFORN1A
$'Ml DIEGO CC!JNTY
My C):J:m. expires OCT 6, 1990
[]I personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that they executed it.
WITNESS my hand and official seal.
~9-d~~
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
THIS CERTlRCATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages 2
Signer(s) Other Than Named Above
~nvpn~n~ Rpq~rrlinq Dp~l Pr~pr~y
Date of Document
None
None
7100-010
~ NAIDNALNOTARY ASSOOATION.8236RerrmetAve. -P.O. Box 7184-Canoga Park. CA 91304-7184
688
,lli DESCRIPTION
~ER NO. 107788-1
.-oLICY NO. 609-048086
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PARCEL A:
Parcell, in the City of PcMay, County of San Diego, State of California, as
slxMn at Page 12471 of Parcel Maps, filed in the Office of the County Recorder
of San Diego County, December 13, 1982.
EXHIBIT A
689
RESOLUTION NO. P-90-26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 90-03
AND MINOR DEVELOPMENT REVIEW 90-16
ASSESSOR'S PARCEL NUMBER 277-020-21
WHEREAS, Conditional Use Permit 90-03 and Minor Development Review 90-16
(HillSide/Ridgeline), Bill and Nancy Sperry, applicants, request the approval
of a 3,606 square foot home and attached 900 square foot accessory apartment at
16575 Wild Horse Creek; and
WHEREAS, on April 3, 1990, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
The City Council finds that this project is categorically exempt (Class 3)
from the California Environmental Quality Act (CEQA).
Section 2: Findings:
1. The proposed project is in conformance with the Poway General Plan in.
that it is a single-family home on a rural residential lot which also
permits the construction of an accessory living unit.
2. The proposed use will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties in that the
building design is architecturally similar to surrounding residential
properties.
3. The proposed use is compatible with the orderly and harmonious
appearance of structures and property within the City in that the house
is sited on the flatest portion of a large lot and that all graded
slopes will be landscaped and irrigated.
Section 3: City Council Decision:
Conditional Use Permit 90-03 and Minor Development Review 90-16, a copy of
which is on file in the Planning Services Department, is hereby approved
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 prop-
erty owner shall execute a Covenant on Real Property.
690
Resolution No. P- 90-26
Page 2
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APPLICANT SHALL CONTACT THE DEPARTMENT OF. PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. '. The appropriate Building Department approvals shall be received prior to
initiation of construction.
2. All new utilities shall be installed underground. Please contact SDG&E
Planning Division at 480-7617. Completion of undergrounding shall be done
prior to issuance of a Certificate of Occupancy.
3. School impact fees shall be paid prior to issuance of building permits.
4. Water and fire protection systems plans shall be designed and constructed to
meet requirements of the City of Poway.
5. Site shall be developed in accordance with the approved site plan on file in
the Planning Services Department and the conditions contained herein.
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6. The applicant shall record a deed covenant which states that the accessory
apartment will never be leased or rented as a separate living unit.
7. Self-generating water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
8. This permit shall become null and void on April 3, 1992 if building permits
have not been issued.
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APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. A grading plan for the development of the property shall be submitted to the
City's Engineering Services Department for review and approval prior to
issuance of a grading permit and start of grading operation. Rough grading
of the site must be completed and shall meet the City's Engineering Services
inspector's approval prior to issuance of a building permit.
2 A road construction and maintenance agreement, for those private roads from
the subject property to the nearest publicly maintained road (Old Coach
Road), in a form satisfactory to the City Attorney, shall be executed by
the owner and/or developer prior to building permit issuance. Said
agreement is to comply with Ordinance 280, City Code Section 12.20.060.
3. Leach field layout or seepage pit layout for the residence sewage disposal
system shall be submitted to the City's Engineering Services Department for
review and approval by the City Engineer prior to obtaining a septic system
installation permit from the County of San Diego Department of Health. If a
septic system installation permit had been obtained without a City approved
layout, one shall be submitted prior to installation of leach lines.
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691
Resolution No. P-90-26
Page 3
4. Construction of a well for domestic and fire flow water needs shall meet all
applicable requirements of Chapter 8.56 of the Poway Municipal Code and
shall be completed prior to building permit issuance.
5. That "Covenant of Improvement Requirements" recorded January 27, 1982 as
Doc. No. 82-023774 shall be complied with prior to issuance of a certificate
of occupancy.
6. The City of Poway's Engineering Services Department shall be supplied copies
of the following "Covenant of Improvement Requirements", recorded November
21, 1979 as File No. 79-492843; recorded March 9, 1981 as File No.
81-071473; recorded March 11, 1985 as File No. 85-079435. Said covenants
shall be complied with prior to building permit issuance.
7. Please contact Engineering Services for payment of water. drainage, sewer,
traffic mitigation, and park fees prior to building permit issuance.
APPLICANT SHAll CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOllOWING CONDITIONS:
1. Roof covering shall meet Class A fire retardant testing as specified in the
r Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of poway Ordinance No. 64.
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2. Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with their background. Address shall
be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
4. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of not
less than 20 feet of unobstructed width, with adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus and having
a minimum of 13'6" of vertical clearance. The road surface type shall be
approved by the City Engineer pursuant to the City of Poway Municipal Code.
5. Dead end access roadways in excess of 150 feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus.
Requirements for dead end and looped accessways are:
Length:
Width:
Turnaround Required:
*150' - 500'
20'
60' Hanmerhead
*Curves and topographical conditions could alter the requirements for turn-
arounds and the width of accessways.
692
Resolution No. P- 90-26
Page 4
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6. This dwelling is being built on a parcel size of eight acres and is beyond
the reach of the City water system. The dwelling will have to have standby
water for firefighting and/or a residential sprinkler system. Contact the
Fire Prevention Bureau for details.
7. A plan showing location of the water tank is to be submitted for approval
prior to construction.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 3rd day of April, 1990.
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ATTEST:
'1)1 CL -v;k'LZ II ') U U-"lL'-~-
~ Marjorie K. Wahlsten, City Clerk
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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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-90-26 ,was
duly adopted by the City Council at a meeting of said City Council held on the
~day of April , 1990, and that it was so adopted by the following
vote:
AYES:
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NONE
NONE
NONE
NOES:
ABSTAIN:
ABSENT:
R/R-4-3.9-12
2)o~t;i~~a~t?n~~ %erk
Ci ty of foway
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