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Covenant Regarding Real Property 1997-0484741. . .11111111111111I1111I111I1~~~~j~ 11111111111111111111111 RECORDING REQUEST BY: ) DOC" 1997-04B4741 l Tv' 489 CITY OF POWAY SEP 30. 1997 12:57 PM ) WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS ) SAH DIEGO COUHTY RECOROER'S OFFICE CITY CLERK ) GREGORY J. SMITH. COUHTY RECORDER CITY OF POWAY ) FEES: 25.00 POBOX 789 ) POWAY CA 92074-0789 ) ) No. Transfer Tax Due ) (This space far Recarder's Use) COVENANT REGARDING REAL PROPERTY Michael Grant ("OWNER" hereinafter) is the awner of real praperty described in Exhibit A which is attached hereto and made a part hereof and which is commonly knawn as Assessar's Parcel Number 321- 111-21 ("PROPERTY" hereinafter), In consideratian af the approval af Minor Conditional Use Permit 97-03 by the City of Paway ("CITY" hereinafter), OWNER hereby agrees to abide by canditions af the attached resalutian (Exhibit B), This Cavenant shall run with the land and be binding upan and inure to the benefit af the future owners, encumbrancers, successors, heirs, persanal representatives, transferees and assigns af the respective parties, In the event that Minor Canditional Use Permit 97-03 expires or is rescinded by City Cauncil at the request af the OWNER, CITY shall expunge this Covenant from the recard title af the PROPERTY, In the event af litigatian to. enfarce the provisians of this Covenant, the prevailing party shall be entitled to full reimbursement af all casts, including reasanable attarneys' fees, from the other party, M-b;&~*<'J,;)* Dated: tj - tl- L/- 17 Dated: c;-Jf) ~'11) "mYo~~ d ~4 ..', . . 490 CAUFORNIA ALL.PURPOSE ACKNOWLEDGMENT . State at ~ Cauntyat ~~ ' On ~~ ;;l~ /99~1 ~et~e)me, ~~:7!!o~f1M,~ persanallyappeared rru ~ . ~ ' Name(s)otSigner(s) )i'personally known to. me - OR - 0 proved to. me an the basis at satistactary evidence to be the persan(s) whase name(s) is/are subscribed to. the within instrument and acknawledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) an the instrument the persan(s), ar the entity upon behalf ot which the persan(s) acted, executed the instrument. - - - '" '" DONNA STEilliNS ( .. Comm #1074025 ~ : OTARYPUBllC CAlIFORN'''W SAN DIEGO COUNTY 0 "'01\ \ Comm. Exp, Oct 1, 1999 ... WITNESS my hand and afficial seal. ~~ Signature 01 Notary Public OPTIONAL Though the information below is not required by Jaw, it may prove valuable to persons refying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title ar Type at Dacument COw..f\~ ~~ M ~~~ Dacument Date: Number at Pages: 'J.-t Signer(s) Other Than Named Abave: ---.lJ 0 D 0 Capacity(ies) Claimed by Signer(s) Signer's Name: llic..l\Cl~l A -GN:trrt- Signer's Name: Xi Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attarney-in-Fact o Trustee o Guardian ar Canservatar D Other: Top of thumb here o Individual o Carporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservatar o Other: Top of thumb here Signer Is Representing: Signer Is Representing: C 1994 National Notary Association" 8236 Remmel Ave., P.O. Boll: 7184. Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll-Free 1.60().876-6827 . . . , , (491 Legal Description Parcel 1 of Parcel Map No, 17458, in the City of Poway, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of San Diego County, December 15, 1994 as File No, 1994-71444 of Official Records, Exhibit A . 492 . RESOLUTION NO. P- 97-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 97-03 ASSESSOR'S PARCEL NUMBER 321-111-21 WHEREAS, Minor Conditional Use Permit 97-03, submitted by Michael Grant, Applicant, requests approval to install eight lights to a proposed tennis court located at 15525 Westview Rd. (off of Highway 67 and Mina de Oro Rd,), within the RR-A zone, WHEREAS, on August 26, 1997, the City Council held a hearing on the above referenced item, NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinas: The City Council finds that this project is not subject to the California Environmental Quality Act in that it is categorically exempt (Class 3) because a lighted tennis court is considered to be an accessory use to a single family home. Section 2: Findinas: 1, The approved project is consistent with the general plan in that a lighted tennis court is considered to be an accessory use for a single family residence in the Rural Residential A zone, 2, That the approved development will not have adverse aesthetic, health, safety, or architecturally related impacts upon adjoining properties, in that the landscape installation, lighting design and court materials will allow the tennis court to be compatible with and be screened from surrounding properties, 3, That the approved development is in compliance with the Zoning Ordinance, in that it complies with lighting standards, and all other property development standards of the Rural Residential A zone, 4. That the approved development encourages the orderly and harmonious appearance of structures and property within the City, in that all surrounding properties are under the same zoning designation as the subject lot and are to be developed as single family residences on large acreages. 5, That there will not be significant harmful effects upon environmental quality and natural resources in that the project is considered an accessory use to a single family residence, and conditions of approval for the project requiring landscape screening and limited hours of operation for the tennis court lights will mitigate potential negative impacts, EXHIBIT B . 493 . Resolution No, P- 97 -42 Page 2 Section 3: City Council Decision: The City Council hereby approves Minor Conditional Use Permit 97-03 subject to the following conditions: 1, 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, 2, The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses,' 3. Comply with Resolution No. P-97-31 for CUP 97-04/MDRA 97-12, 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 approved site plans on file in the Planning Services Department and the conditions contained herein, 2, Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits, 3, 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, 4. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. 5, This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. 6, A maximum ten foot high fence(measured from the finished grade of the court) shall be allowed, , . . . 494 Resolution No. P- 97 -42 Page 3 7, A maximum of eight lights shall be permitted of a height not to exceed 18 feet. All lights and light fixtures shall be certified by the installation contractor: a, Be designed, constructed, mounted, and maintained such that the light source is cut off when viewed from any point above five feet measured at ten feet from the edge of the court, b, Be designed, constructed, mounted and maintained such that the maximum illumination intensity measured at the property line shall not exceed one-half foot-candle above ambient levels, c, Said certification shall be provided to the Planning Services Department prior to the issuance of an electrical permit for the tennis court lighting, d, Light fixtures are restricted to one thousand watt high-pressure sodium, 8, Hours of operation for ODurt lights shall be restricted to the period between 7:00 a,m. and 10:00 p,m. 9, The fencing, support posts, light poles and fixtures shall be painted a dark non- reflective color so as to reduce their overall visibility. Vinyl-coated chain link fencing with fence and light poles painted to match is acceptable, 10, A landscape and irrigation plan for the area between the tennis court fence and property line shall be submitted to the Planning Services Department for review and approval prior to the issuance of an electrical permit for the tennis court lights. The landscaping shall consist of fast growing evergreen canopy type trees, planted one each adjacent to light poles as to obscure views of the pole and light from neighborhood properties, Dense screening planting is required to be installed in the setback area adjacent to the outside of the court fencing, to the satisfaction of the Director of Planning Services. Installation of all landscaping and irrigation shall occur prior to final inspection. 11, The surface area of the court shall be painted a color that reduces the reflection from any light incident thereon. , . ". " . 495 . " . Resolution No, P- 97 -42 Page 4 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 26th day of August, 1997. ~~~\"~~ Don Higginson, Mayor 0 'j"J~t,.., , Wahlsten, City Clerk 1 hereby certify, under the penalty 01 periury, that the above and foregoing is a true a~d corred copy of Resolution NoF- 'l7-~ as adopted by the City Council of Poway, California on the JtdIc day ofOt~,,~* ,19 ti, MARJORIE , W AHLSTEN, CITY CLERK b~~~ ATTEST: STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO) I, Ma~orie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No, P-97 -42 , was duly adopted by the City Council at a meeting of said City Council held on the 26th day of Augus t , 1997, and thatit was so adopted by the following vote: AYES: CAFAGNA, EMERY, GOLDBY, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: REXFORD l<' 70~t Wahlsten, City Clerk ay E:\CITY\PLANNINGIREPORT\MCUP9703,RES