Covenant Regarding Real Property 1996-0199463
CITY OF POWAY
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LuC # 1996-0199463
23-APR-1996 08=48 AM
OFFICIAL RECORDS
SAH DIEGO CDUHTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECORDER
RF: 13.00 FEES: 31.00
AF: 17.00
MF: 1. 00
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
SHEA HOMES LIMITED PARTNERSHIP, a California Limited Partnership, ("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 317.211- 04(portions) ("PROPERTY" hereinafter), In consideration of the approval of
Variance 95-11 and Amendment to Development Review 94-07 by the City of Poway ("CITY" hereinafter), OWNER hereby
agrees 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 fubJre owners,
encumbrancers, successors,' heirs, per~:resentatives, transferees and assigns of the respective parties.
Variance
In the event that ~t R 95.11 and Amendment to Development Review 94-07 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rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the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 enlilled 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.
SHEA HOMES LIMITED PARTNERSHIP,
a California Limited Partnership
Dated:
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CITY OF POWAY
Dated: I;)... -N. q~
By:
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.CALlFORNIA ALL.PURPOttlS ACKNOWLEDGMENT
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State of
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and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITN~S my hand and official seal.
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Signature of Notary Public
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OPflONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Number of Pages: 4
Title or Type of Document:
Document Date:
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Signer(s) Other Than Named Above: J0.L.,,,~ LcJ,' Uj l+ - G IJ--M- Sfc'. ,
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
@1994National Notary Association. 8236 RemmetAve., P.O. Box 7164. Canoga Park, CA 91309-7164
Prod. No.S9D7
Reorder: Call Toll-Free 1.800.876-6827
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LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF MISSION ROAD I-A,
ACCORDING TO MAP OF SAID MISSION ROAD I-A, SHEET 15, SAN DIEGO COUNTY
HIGHWAY COMMISSION, FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN
DIEGO COUNTY; WHICH SAID POINT OF BEGINNING BEARS SOUTH 3014'52" EAST
289.04 FEET FROM THE INTERSECTION OF THE NORTH LINE OF SECTION 23, AT
A POINT NORTH 88057' WEST 3955.5 FEET FROM THE NORTHEAST CORNER OF
SAID SECTION WITH THE CENTER LINE OF SAID ROAD AT STATION .378 PLUS
70.9 FEET THEREOF; THENCE SOUTH 78049'07" EAST 193.25 FEET; THENCE
SOUTH 89017' WEST TO A POINT IN THE EASTERLY LINE OF MISSION ROAD I-A,
ABOVE REFERRED TO; THENCE NORTH 0043' EAST ALONG SAID EASTERLY LINE TO
THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
SEPTEMBER 11, 1879 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF MISSION ROAD I-A,
ACCORDING TO MAP OF SAID MISSION ROAD I-A, SHEET 15, SAN DIEGO COUNTY
HIGHWAY COMMISSION, FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN
DIEGO COUNTY; WHICH SAID POINT OF BEGINNING BEARS SOUTH 3014' 52" EAST
289.04 FEET FROM THE INTERSECTION OF THE NORTH LINE OF SECTION 23, AT
A POINT .NORTH 88057' WEST 3955.5 FEET FROM THE NORTHEAST CORNER OF
SAID SECTION WITH THE CENTER LINE OF SAID ROAD AT STATION 378 PLUS
70.9 FEET THEREOF; THENCE SOUTH 78049'07" EAST'193.25 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 0043' EAST 80.6 FEET, MORE OR LESS,
TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO R. C. BORER
AND CAROLINE BORER, HUSBAND AND WIFE, RECORDED FEBRUARY 10, 1941 IN
BOOK 1136, PAGE 174 OF OFFICIAL RECORDS; THENCE SOUTH 89017' EAST
130.00 FEET; THENCE SOUTH. 0043' WEST 80.6 FEET, MORE OR LESS, TO AN
EXHIBIT A
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INTERSECTION WITH A LINE BEARING NORTH 89017' EAST FROM THE TRUE POINT
OF BEGINNING; THENCE SOUTH 89017' WEST TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
THAT PORTIONS OF SECTIONS 14 AND 23 IN TOWNSHIP 14 SOUTH, RANGE 2
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
APPROVED SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF THE COUNTY ROAD,
40.00 FEET WIDE, KNOWN AS MISSION ROAD I-A, ACCORDING TO MAP IN THE
OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY WITH THE CENTER
LINE OF THE 50.00 FOOT COUNTY ROAD KNOWN AS METATE LANE, ACCORDING TO
MAP OF ROAD SURVEY NO. 887, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, BEING ENGINEER'S STATION 0 + 00 ON SAID CENTER
LINE OF ROAD SURVEY NO. 887; THENCE ALONG SAID CENTER LINE OF ROAD
SURVEY NO. 887, NORTH 85019' EAST, 1043.77 FEET TO AN ANGLE POINT IN
SAID ROAD SURVEY; THENCE NORTH 83027' EAST ALONG SAID CENTER LINE
(RECORD NORTH 83020' EAST) 349.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE RETRACING WESTERLY ALONG SAID CENTER LINE TO THE EASTERLY LINE
OF SAID MISSION ROAD I-A; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO
A POINT IN SAID EASTERLY LINE, SAID POINT BEARS SOUTH 3014'52" EAST
289.04 FEET FROM THE INTERSECTION OF THE NORTH LINE OF SECTION 23, AT
A POINT NORTH 88057' WEST 3955.50 FEET FROM THE NORTHEAST CORNER OF
SAID SECTION WITH THE CENTER LINE OF SAID ROAD AT STATION 378 + 70.90
THEREOF; THENCE SOUTH 78049'07" EAST 193.25 FEET; THENCE NORTH 0043'
EAST 80.60 FEET MORE OR LESS, TO THE SOUTHWEST CORNER OF THE LAND
DESCRIBED IN DEED TO R. C. BORER AND CAROLINE BORER, HUSBAND AND WIFE
RECORDED FEBRUARY 10, 1941 IN BOOK 1136, PAGE 174 OF OFFICIAL RECORDS;
THENCE SOUTH 89017' EAST 180.00 FEET; THENCE NORTH 70008'45" EAST
288.39 FEET; THENCE NORTH 63029'15" EAST 224.94 FEET; THENCE NORTH
58005'25" EAST 236.33 FEET TO THE SOUTHEAST CORNER OF THE LAND
DESCRIBED IN DEED TO EDWARD C. MC ALEES, ET UX, RECORDED AUGUST 18,
1927 IN BOOK 1361, PAGE 278 OF DEEDS; THENCE NORTH 0043' EAST ALONG
THE EAST LINE OF THE LAND DESCRIBED IN SAID DEED TO MC ALEES, ET UX,
12.20 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO
CECIL E. WOOD, RECORDED AUGUST 20, 1927 IN BOOK 1361, PAGE 285 OF
DEEDS; THENCE NORTH 83020' EAST ALONG THE SOUTH LINE OF THE LAND
DESCRIBED IN SAID DEED TO WOOD TO A LINE WHICH BEARS NORTH 6033' WEST
FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 6033' EAST TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF MISSION ROAD I-A,
ACCORDING TO MAP OF SAID MISSION ROAD I-A, SHEET 15, SAN DIEGO COUNTY
HIGHWAY COMMISS.ION, FILED IN THE. OFFICE OF THE COUNTY SURVEYOR OF SAN
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DIEGO COUNTY, WHICH SAID POINT OF BEGINNING BEARS SOUTH 3014'52" EAST
289.04 FEET FROM THE INTERSECTION OF THE NORTH LINE OF SECTION 23 AT
A POINT NORTH 88056' WEST 3955.50 FEET FROM THE NORTHEAST CORNER OF
SAID SECTION WITH THE CENTER LINE OF SAID ROAD AT STATION 378 + 70.9
THEREOF; THENCE SOUTH 78049'07" EAST 193.25 FEET; THENCE NORTH 0043"
EAST 80.6 FEET MORE OR LESS, TO THE SOUTHWEST CORNER OF THE LAND
DESCRIBED IN DEED TO R.C. BORER AND CAROLINE BORER, HUSBAND AND WIFE,
RECORDED FEBRUARY 10, 1941 IN BOOK 1136, PAGE 174 OF OFFICIAL RECORDS;
THENCE SOUTH 89017' EAST 130.00 FEET; THENCE SOUTH 0043' WEST 80.6
FEET MORE OR LESS, TO AN INTERSECTION WITH A LINE BEARING NORTH 89017'
EAST FROM A POINT WHICH IS DISTANCE SOUTH 78049'07" EAST 193.25 FEET
FROM THE POINT OF BEGINNING; THENCE SOUTH 89017' WEST TO A POINT IN
THE EASTERLY LINE OF MISSION ROAD I-A, ABOVE REFERRED TO; THENCE NORTH
0043' EAST ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN PARCELS 1 AND 2 ABOVE
DESCRIBED.
RESOLUTION NO. P- 95-66
A RESOLUTIDN OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 95-11 AND
AMENDING DEVELOPMENT REVIEW 94-07
ASSESSOR'S PARCEL NUMBER 317-211-D4 (PORTIDNS)
2')55
WHEREAS, Vari ance 95-11 and an amendment to Development Review 94-07
submitted by Shea Homes, Applicant, requests the substitution of the single-story
floor plan for two-story plans on five lots, and encroachment into the required
twenty-foot rear yard setback for Lots 30, 53 and 57, and the required ten-foot
street side yard setback for Lots 53 and 57 of the Poway Oaks subdivision, in
order to accommodate the placement of single-story homes on these lots, which are
located on Whispering Tree Lane and Poway Oaks Drive, in the RS-7 zone;and
WHEREAS, on December 19, 1995, 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:
The City Council finds that Variance 95-11 and amendment to Development
Review 94-07, are exempt from the provisions of the California
Environmental Quality Act, Categorical Exemption Class 5, as the project
is a minor alteration to land use limitations.
Section 2: Findinqs:
Vari ance 95-11
1. The approved project is consistent with the general plan in that it
proposes the construction of homes within lots which are designated
for residential use.
2. That there are special circumstances applicable to 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 classification.
The special circumstances include the fact that the tract model
proposed for the subject lots is a single-story model with a larger
footprint, this making it difficult to site the home on the lot
while meeting all the setback requirements.
3. 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 zoning for which the
variance is sought, in that customers of the Poway Oaks development
are requesting that the Plan 1 Model be built more frequently.
There are no single-story homes proposed on any of the nearby lots.
Therefore, the mix of units is enhanced by the use of this model,
but a variance is needed in order to fit them on the lots.
EXHIBIT B
2056
Resolution No. P-95-66
Page 2
4. 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.
5. That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that the property is located in an area
where, although the lots are of similar size, there is some variance
in lot dimension which precipitated a problem in plotting the new
homes.
6. That the granting of thi s vari ance does not all ow the use or
act i vity whi ch is not otherwi se expressly authori zed by zoni ng
development regulations governing the parcel or property in that the
proposed project is the construction of new single-family homes in
the Residential Single-Family 7 zone.
Amendment to Develooment Review 94-07
1. The approved project is consistent with the general plan in that it
proposed construction of single-family homes in an area designated
for residential use. The use of additional single-story models is
in keeping with the intent of the General Plan Goal of increasing
the diversity of home designs available in tract developments.
2. That the approved project will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties, because the lower rooflines on a greater number of homes
will open up view corridors along Metate Lane and also within the
interior neighborhood.
3. That the approved project encourages the orderly and harmonious
appearance of structures and property within the City, because the
lower roofl i nes on a greater number of homes wi th in the new
development will help the new project to blend visually with the
surrounding neighborhood.
4. That the approved project is in compliance with the Zoning
Ordinance, except with regard to minimum building setbacks on three
lots for which a variance has been approved. In all other respects
the homes meet the development standards of the underlying zoning.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 95-11 and Amendment to
Development Review 94-07, 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.
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Resolution No. P-95-66
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the amended site plans on file
in the Planning Services Department and the conditions contained herein.
2. 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.
3. All conditions of approval contained in Resolution No. P-95-10 which
approved Development Review 94-D7, shall remain in full force and effect.
4. This approval shall become null and void if building permits are not
issued for thi s project withi n two years from the date of project
approval.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 19th day of December, 1995.
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ATTEST:
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Marjor1e. Wahlsten, City Clerk
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I hereby certify, under the penally
of perjury, that the above and
foregoing is a true and correct
copy of Resolution No.t'- 'l5-b~
as adopted by the City Councd of
Poway, Calif:%on the fff:-
day of IJ U~ 19
, .
MARJORIE K W AHLS1EN, CITY CLfRK
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Resolution No. p-95-66
Page 4
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
cert i fy, under the penalty of perjury, that the foregoi ng Resol ut ion, No.
P-95-66 , was duly adopted by the City Council at a meeting of said City Council
held on the 19th day of December , 1995, and that it was so adopted
by the followrng-vote:
AYES: CAFAGNA, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CALLERY
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arJor1~ K. Wahlsten, City Clerk
City of poway
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