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Covenant Regarding Real Property 2001-0696260 r' , . DOC. 2001-0696260 RECORDING REQUEST BY: ) ) SEP 27, 2001 8:27 AM CITY OFPOWAY ) ) 5394 OFFICIAL RECORDS WHF:N RECORDED MAIL TO: ) SAN,DIEGO ClIJNTY,RECORDER'S OFFICE ) GREGORYJ. SMITH, COtiNTYRECORDER CITY CLERK ) FEES: 37.00 CITY OF POWAY )'-1 II IIII IIIIIIII~ POBOX 789 l I POWAY CA 92074-0789 ) 200) '0~9~260 _______1 No Transfer Tax Due ) (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Country Ridge Estates, LLC, a California Limited Liability Company and Tim J, Cannole, an unmarried .. ...'. ... .. . ....'. man, are the owners ("OWNER" hereinafter) of real property described in Exhibit "A"; >ybich i,s <3ttached beret() and made a part hereof and which is commonly known as A~sessor's Parcel Number 321-03)-29 ("PROPERTY hereinafter), OWNERhereby agrees to abide by conditions of the attached Resolution (Exhibit "B'} In consideration of, the approval, by the City of Poway("CITY" herein?fter)'of Minor Development Review Application (MDRA) 99,106 to construct-a'detached 1,750 square-foot barn/workshop, OWNER hereby.agrees that no portion of the structure shall ever be rented or leasedas'a .separate.unit. no kitchen facililies shall ever be:installed, and no commercial use'sh'all be conducted from the premises in accordance with poway Municipal Code Section 17,28, Home Occupations, This Covenant shall run with the land and be binding upon and inure to,the benefit of the future owners, encumbrances, successors, heirs. personal representatives, transferees and assigns ofthe respective parties, In the event that MDRA 99c106 expires or is rescinded by Ci,ty Council at the request of the OWNER, the CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to.enforce the provisions of this Cove~ant" the prevailing party shall be entitled to full reimbursement 01811 costs. inCluding reasonable attorneys' fees. from the other party Country Ridge Estates, LLC. Dated: <fir 1'/0 ( BY '7r r1 .-f. COt-J/JOLb / / IT , CITY OFPOWAY Dated: ~1rt4, By' b ~/'fI(J(j..) /5DLJ-/1, 9Q-/00 D\-I~,b , r' CALIFORNiA ALL.PURP.E ACKNOWLEDGMENT . '. 5395 r~Q..\.\ &:X-(l',-' State of County of ,')M D\t"So On ~'pi-- I&' I ~00' before me. S~etl,-e. D; \Doer/?l\. Nota.r';;( ~\LG 0", , C N,m, eo' T,", 01 0"',,, (',g" Jeo, Do'. No"~ PO'h,') personally appeared "'.IV, -:S. o(\('\l)le Name(s) of Signer(s) o ~er88A6.II) Im8"'~ tg FAe OR - 1Sproved to me on the basis of satisfactory eVidence to be the personyl whose name(~_ subscribed to the within instrument and acknowledged to me that~/9fteffltey executed the I A - - - - - - - - - ~ same ink!1]l/~r authorizedcapaclty(~, and that by _. ~~~=. _'"'g'''''"''' gO ,", '",'rom,", .,,'.00)<' l' Nolay Public _ Colif<inla I or the entity upon behalf of which the person(!'() acted, I Son Diego County ~ executed the instrument, My Comm, Elcpi'es J"" 3l.2lXXl - - - - - - - - - - - - WITNESS my hand and official seal. ~bJJ/~.~ Signature of Notary Public OPTIONAL 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 Title or Type of Document: Co~eno..rrr Document Date: 91j(\ 0\ Number of Pages: JO Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Individual o Corporate Officer o Corporate Officer Title(s), Title(s): o Partner - 0 Limited 0 General o Partner- 0 Limited 0 General o Attorney-in-Fact o Attorney-in-Fact o Trustee o Trustee o Guardian or Conservator o Guardian or Conservator o Other' Tup of thumb here o Other' Top of Ihunib here Signer Is Representing: Signer Is Representing: 10 1994 National Notary Association' 8236 Remmel Aile., P.Q, Box 7164' Canoga Park. CA 91309-7"164 Prod. No, 5907 Reorder. Cail TolI_Free"1_800_876.6827 r/ . . EXHIBIT A 539.6 LEGAL DESCRIPTION Parcel 3 of Parcel Map No. 17914, in the City of Poway, County of San Diego, State of California, filed in'the Office of the County Recorder of San Diego County, on September 23, 1997, as File/Page No 1997-0468986 of official records ... '. r:. EXHIBIT"B" 5'3:97 RESOLUTION NO p" 99 - 8 4 AHESOqJTIONOF THEGITY COUNCIL OF THE:GITY OF POVVAY, CALIFORNIA APPROVING HILLSToE/RIDGELlNE MINORDEVELOPMENT REVIEW 99-106 , , ASSESSOR'S PARCEL NUMI?ERt32,1-031-29 WHEREAS, Hillside/RiClgelineMinor Development Revie,w 99" 106, submitted by Tim Connole, applic-ant; requests approval to construct a 5,250 square foot single ,story residence and a. 1. 750 square'foot detached barn/workshop on a vacant3.09 acre property located aUne easterlyterrnJnus qf'Orthara View Lane (Lot30fparcelMap 17914) within the High Valley Rural Resid~f}tLal B zone; and WHEREAS" ,py~~uant tO'Govemment Code Section 66020(d)(1 )" NOTICE IS FURTHER GI:VENttiatth_e,gO~day'pefiodto protest the imposition of any fee,.dedication, reservation, oroth,er exaction,describe_d in this resolutioh begins on the effective date of this resolution:and any,suchprot?st,must be in a marinerthat:tomplieswith Section 66020; and WHEREAS, on "November 30, 1999. the City Council held a hearing to solicit comments from the public, both pro and con, relative tothis'application. NOW, THEREFORE, the City Council does hereby resolve as follows: , ' Section 1. Environment~1 Fiiidirlas: The project is, found to be Categorically Exempt, Class 3. under the provisions of the California Environmental Quality,Act in thatit is the development of aresidence. Section 2: Findinas: 1 Thalthe,approved project isconsisterit with th? General:Planin that it proposes the - , . - . constructiOn o(asihglefamily residence on property that is designated for rural residential use. 2. That the approved proje,Ct will not have an: adver~eaesthetic, health, safety or architecturally'related,:impact upon adjoining properties in that the residence has bee,n designed. to comply with 'City development and zoning requirements. The proj~ct iSialso required to obtain the necessary grading and building permits prior to development. 3 Thatfheapproved deveiopment is in compliance with the zoning and grading ordinances'in'that it complies'with the property,development standards of the RR-B zone. - - - . -' - . . \' . " \; , . \ 53,98 Resolution No. P-99-84 - Page 2 4. That ,the approved development encourages the orderly and harmonious appearance of structures and propertY within the City in that'the surrounding properties consist of large rural residential lots with widely spaced hillside homesites. Section 3': _ CitvCouncil Decision: The City Council hereby approves Minor Development Review 99-106 subject to the following ,conditions: Within 30 days ,of approval the' applicantshall submit in ,writing that all conditions of approval have been read~and understood. COMPLIANCE WiTH THE FOl,!-OWING CONDITIONS IS REQUIRED, COMPLIANCE SHALL BE-APPROVED BY THE,DEPARTMENT OF DEVELOPMENT SERVICES. A) C,ompliance with the following conditions is required prior to issuance of the grading permit: 1 Revised site plans and building elevations incorporating all conditions of approval shall besubmitled to the Development Services Department prior to issuance'of grading and building permit~., The'detached barn/workshop shall be single story The floor plan shall' beorevised to delete the staircase. 2. In accordance with PowayGeneral Planl:!iIIsideDevelopment strategies, the maximum amount,of grading on the site:shall not exceed 35,000 square feet in area. 3. The project will 'impact coastal sage scrub through brush management requirements and, possibly with water line 'improvements. The required mitigation or replacement ratio for the, brush management impacts to onsite habitat is 2:1 .IUt is,determined'thattheproj\,!ct water line improvements will impact natural habitat, abiological reconnaissance shall be completed and mitigation'of said waterlineimprovementimpactsshall be in,accordancewith the PowayHabitat Plan. 'Grading or brush'clearing in habitat areas shall not occur during the period of February 15 through August 15 which is the nesting season for the CaliforhiaGnatcatcher 4 In accordance with, the City of Poway:Landscape Gtiideiines, the applicant shallsubmit a'brushmanagementplan for reviewiana approval by the Safety Services and Development Services Departments. - -- - .- -, - :'j; 'I . ~. I' '. 53-9,9 Resolution No P- 99 - 8 4 Page 3 5. A grading plan bya registered Cjvil Ehginf?er for the devel()pmentof the property shall be submitted to the City's EngineE1ril'lg Divisjon for review and approval. The grading plan shall show the driveway'elevations'and,grades, The driveways shall comply with the'specifications provided in Section 17 .08.170DofthePoway Municipal Code, The grading plan shall also show the minimum structural sections of the driveways. The grading plan shall include an erosion control plan prepared by the engineer of work under a separate cover. 6. A soils investigation report shall be submitted with the grading plan. 7 A drainage study using the 100-yearstorm frequency criteria shall be submitledwiththegrading plan. A drainage system capable of handling and disposing all surface:water within the project, andJiowihg onto the property, will be required. C()ncentratedflow over the driveways greater ttlan three (3) tubic'feet per second will not be permitted. 8. All applicableengirieering, permit, and Inspection fees shall be paid. 9 Grading securitiesirHheform of a pertonnal]ce bond and a cash deposit or a letter of credit shall be posted. 10 A Storm Water pollution Prevention Plan incorporating Best Management Practices forthe prevention of hazardous, m~terial runoff into the storm system, or any watercourse/drainage way shall be submitted and approved. B) Compliance with the following is required during the grading and construction: 11 Grading ot'ihe property shall be performed in accordance with the Uniform Building Code; thePoway'Grading Ordinance, the approved grading plan, the soils report"and accepted grading practices. 12. Erosion control measures shall be provided for all operations. The work shall be in accordance with the erosion control plan and other additional measures as required by the inspector. The developer shall maintain all erosion contr91 devices 'throughoLit their intended life. o. -- - - - :. ~ \ ~, . ~ . \ ' \ Ii .. 5400 Resolution No. P- 99-84 - Page 4 \ C) Compliance'withthe'following conditions is required prior to issuance of the buildirig:permit: " 13. The applicant.shall'comply with,the latest adopted Uniform Building Code, Uniform Mechanical. Code. Uniform Plumbing Code; National EleCtric Code, Uniform Fire,Code,,'andlall other applk:able:codes and ordinances in effect at the time of building permit issuance. 14 Payment oftheAffordable Housing In-Lieu Fee in' the amount of $4,500 15 Provideprodf to the' Planning Division of payment of school fees to the Poway Unified School District. 16 Rough gradingoftlie site must be completed, and shall meet the City Inspector's approval. 17 A certification of'Jihe aM grade, preparecj byth'eengineer of work, srall be submitted. The cettificate shall follow,the staiidard Cityof Poway format. 18 A final compaction report shall be submittE;Jd and approved. 19 The following, development fees shallbe,p,aid, These fees are currently in effect andare,subjectto change witnoufnotice: " Water " Meter,Size Cost: EXDansion Fee' ,SDCWA Fee" Service 3/4-inch $130 $3,710 $1,871 $1,350 '1-inch ~270 $6,678 $2,994 $1 ,430 , If required,fcir,fire,safety "Applicable only towater meter fordomestic'use. Traffic Mitiaation = $ 990 Park = $2,720 Orainaae = $1.,570 20 A leach field layout for the residential. sewage disposal system shall be , ' submitted to the Engineering Division for .review and approval. A septic permit from the San Diego County,Health,.Department is required. If a septic system installation permit was obtained without 'a City approved layout, one shall be subrnitted prior to installation ofihele'ach lines. - -- - - - ,. n '. 5:4'Q 1 Resolutiqn No. P-,99-84 Page 5 21 The applicant shall' provide to the 6ityan executed copy of a road construction and maintenance agreement for Golden Sunset Lane and Orchard ViewLane. :, 0) Compliance with the following is required prior to issuance of a Certificate of Occupancyfortt1e~jjew Ilouse: 22. The driveway and all drainage improvements shall be completed arid inspected bytheE[lgineering Inspector 23. All manufactured slopes greater than a 5>1 :slope shall be planted and irrigated. 24 The impro~ed width of the Orchard View'Ume cul'-de-sac ex<::eeds City standards. T:he subject re~idence is shown on the project grading/siteplan as observing the'required 20-foot stret:l!side,.yilrd'setbackas measured from the propose'(j reduced cul~de-sac right-ofi-WilY The excess cul-de-sac street right"of~way shall be vacated prior to grantof fincll occupancy 25 Prior to issuance of,Certificate of Occupancy; the developer shall repair the existing private roads between Espola ROllgand the project site, due to damages asa:resultof construction, to the satisfaction of the City Engineer 26 T:hedriveways and other site improvements shall be completed and .J inspected by the Engineering Inspector. 27 An as"built record drawing shall be submitted to the Engineering Division.for review and approval. 28. 'Prior to occupancy all proposed utilities within the project site shall ,De installed underground. 29 All proposed and existing utilities, together, with appurtenances and the ,associated easements, shall beshown,and called out onthegrading plan. ,No encroachments are permitted upon any; of the easements without an approved encroachment agreement or permit: 30 Improvementplans for the water lines shall be prepared.on standard sheets of mylar by ategistered civil engineeranil submitted for approval to the Director of Development Services. Plan 'check and inspection fees shall be paid ,by the developer 31 Record drawings, sighed bY theerigineer of work, shall beslibmittedto -' n ~ '.. - - i. ,i' i. .. 5402 Resoluti~m No. P- 99 - 8'4 Page 6 Development Services' prior to a request of occupancy, per Section 16.52.130!? ofthe,graalng ordinance. Retorddrawings shall be submhted in a mannerto allo\y the CitY adequate'timeJor review and approval priorto issuance ofoqcupancyand release of grading securities. E) M iscellaneous ,~ecjilirl:!ments: 32. Low volume plutnbing fixtures and lowWgltElrusage irrigation shall be installed ,within the new residence and its,s'urrolmding landscaping 33 Due to the need for a Dew fire hydrant,. a w?!er system analysis shall be prepared:to.establish the,proper size and location of the public water system. Applicant shall pay to the City the cost of preparing the analysis prior to submittals. Improvement plans shall be, submitted for approval by the Engineering Division. Plan check and 'inspection costs shall be paid by the developer 34 Aright-of-way permit shall be obtained from the Engineering Division for any work within the public right-of-way The permitjshallbe obtained prior to start of work and all appficable permit fees shall be paid prior to permit issuance. 35 Future grading ohhis hillside lot shall be prohibited. 36 The maximum height of any freestanding fence or wall or any combination thereof shall [Iotexteed six feet. 37 This approval shall become null and void if building permits' are notissued for this proji:lctloiiithintwo years from the date of project approval. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHAL_L.BE~PPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 38. Roof covering shall meet Class A fire-retardant testing as specifiE!d in ,the Uniform Buildin!;f Standards No. 32,,7 for fire retardant roof covering materials, per City of Po way Ordinarice #64 39 Approved n'umbers 'or addresses shall be placed on the bLJiiding irisllch a position as totJe plainly visible ahg legitJle from the street froriting the property Said nufubers !')hall contrast with theit'background. The address will be required at all private driveway entrances. 40 Each chimney used in conjunction with any fireplace,shall be maintained with a 'spark arrester -.. -- - -' - ,.. . '. '. " 5403' Resolution No. P- 99 - 8 4 Page 7 4'1 Every~uilding,hereafterconstructedshall be accessible to FireDepartment apparatus byway of'access:roadway,s with all"weather driving surface of not less than 16 feet of unobstructed width with'l:jnadequate roadway, tj,irnihg radius capableof:sLJpporting~the imposedJoads"of fire apparatus arid 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 MuriiCipal Code. 42. Dead end a,ccess roadw?lYs in excess of 15.0 f$et long shall be provided with approved provisions,forthe turning a roLJ rld of Fire Department apparatus. REQUIREMENTS'FORDEADEND & LOOPED ACCESSWAYS Lenath Width Turnarounds Reauired *0'-150' 20' None Required *150'-500' " go' 70' DiameterCul~de-sac 70' Hammerhead " , *Curves and topographical conditions could alter the requirements for turnaroundsand"the '';;''idth of access ways. 43 The access roadway'shall be extended to'within 150' of all portions of the exterior walls offhe first story of any building'. Where the access roadway cannot be provide'd,:approved fire protectionsystem(s) shall be provided as . required and' approved by the Fire ChiElf 44 Thisdweliingisbeing builton a parceLsize bf3.09 acres and is beyond, the maximum.allowed" distance from the nearesHire'hYdrant. The dwelling will , -, --- - , -' - . . have to have standbywater for fire fightih"g and a residential fire sprinkler system. Contact the'Fire Prevention Bureau fordetails; 45 A residential fire sprinkler system with a one"irich meter will be required. Plans shall be subriiittedto the Fire Preverition Bureau for approval prior to installation. (If a one-inch'lateral off the street main is currently not present, one will:have to be installed. 46 Provide a fire sprinkler system for both the residence and shop ~ .. - - - . . . , , 54:@4 Resolution No. P- 99 - 8 4 Page 8 APPROVED AND ADOpTED by the CitY Council of the City of Poway, State of California, this 3bth,dayof;Nov~riiber 1999 ~~ Michael P Cafagna, ATTEST ~ ' STATE OF CALIFORNIA ). )'SS COUNTY OF SAN DIEGO) I, LorLAnne Peoples,City'Clerkof the City of Poway,do hereby certify under penalty of perjury that the foregoing Resol~tion No. P- 99-~4 was duly adopted by the City Council at a meeting ofsaigCityc::;ouncil held on the 30th day of November, 1999, and that it was so adopted by the followihg vote AYES. GOLDBY, HIGGINSDN, REXFDRD, CAFAGNA NOES NONE ABSTAIN: EM E RY ABSENT NONE ~:' i \" '!vl'\ ( L\,~.L.- t'( r,ll - Lori.' ,;'pe Peoples, City Clerk City of Po way N:\PLANNING\99REPORTlMDR99106:R3 .: - - - -' -