Covenant Regarding Real Property 1989-354541
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RECORDING REQUEST BY;
CITY OF. POWAY
WHEN RECORDED MAIL TO
G ITY CLERK
(ITY OFPOWA Y
P.'O BOX 789
POWAY, CA 92064
69 JUt ,-SAM';:i02
I .vEJiA L,LYLs^ I
l, COUnTY P.ECOROE!...J
jo Transfer Tax Due
(This space for Recorder's use)
COVENANT REGARDING REAL PRQPERTY
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Dan i e 1 Okonskj and Doris Okonsky, husband and wife as j oi nt 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 ~ss~ss,or's
Parcel Number 278-423.11 ("PROPERTY" hereinafter)~ In consi~eration of the
approval of Minor Development Review 89-35 by the Eity of Poway ("CITY"
hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to
abi de 'by condi ti ons of the attached resoluti on (Exhibit B).
This Covena~t shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors-, hei rs, personal
representatives, transferees and assigns of the respective parties.
in the event that Min6r Development Review 89-35 expires or is rescinded by
'. City Council at the request of the OWNER, CITY shall expunge this Covenant from
~he ~ecord 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, incl uding reasonable attorneys' fees, from the other party. The CITY may
ass igrl to persons impacte<i by the performance of this 'Covenant the ri ght to
enforce this Covenant against OWNER.
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CITY OF POWAY
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ORDER NO. 921778-5
LEGAL DESCRIPTION
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THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SNl DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 50 OF CITY OF POWAY TRACT NO. 4090-R IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFO. RNIA, ACCORDING TO MAP 'I'HEREOF NO.1l360 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON
OCTOBEB 24, 1985.
PARCEL 2:
A NON-,EXCLUSIVE EASEMENT ON MiD OVER THE "COMMON AREA" AS DEFINED IN
T::E DECLJ..RATIOll OF RESTRICTIONS FOR BRIDLEWOOD ESTJ.,TES FILED IN THE
O??ICE OF THE COUNTY RECORDER OF SAN DIEGO COLJ11TY, CALIFORNIA Oil
~~,RCH 4, 1986 AS FILE NO. 86-085061 OF OFFICIAL PLCORDS, FOR ACCESS,
USE, OCCU?;'JiCY, EliJOYl{EllT, INGRESS Mm, EGRESS OF ,THEn AMENITIES
LOCATED THEREON, SUBJECT TO THE TEPJ>!S',2UiD P~OVISIONS OF SAID
DECU-_'<ATION OF RES7R'rCTIOIIS. THIS EASEMENT IS APPURTENANT TO PARCEL
1 ABOVE DESCRIBED.
(SUB5.022)
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EXHIBIT A
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On th~s th~ day of ~'(/1tg) 19~, before me, .
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the 'undersi ned Notary Pubhc, peI'sonally aPPeared *
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o personally known to me
ErProved to me on the basis of satisfactory evip.ence)
to be the peI-son@ whosl: nam:t$l IJ~' S~ibed .
· to the within instrument, and acknowledged that .
.' executed it. .
; WI~'INESmy and official seal. :
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County of
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OFFICIAL SEAL
NANCY'N'NEUFELO
Nolllly Fubno-eiiliiomla
SAN DIEGO COUNTY
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P1lRINE:RSHIP'~
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On this the day of 19 _, before me, 1O,
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the undersigned Notary Pllblic, personally appeared
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to be the person(s) who executed the within instrument
an behalf of the partnership, and acknowledged to me that
the P,ilrtnershiR executed it.
WITNESS my hand and offiCial seal.
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· Notary I s Signature
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a:lRroRATE' ~
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· State of
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On this ,the
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'the UIlciersAgned, Notary Pllblic, personally appeared
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n proved to me on 'the basis of satisfa.ctory evidence to
'be the person(s) who executed the within inst:runent as
or on beha1fof the corporation
therein nali'ed, and acknowiedged to me that the corporatiOn
executed it.
Wr'INESS my hand and official seal.
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.. Notary's Signature ..
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RESOLUTION NO. P~89-57
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 89-35
ASSESSOR'S PARCEL NUMBER 278-423-11
WHEREAS, Minor Oevelopment Review 89-.35, 'submitted: by Daniel Okonsky, ~ppli--
cant, requests approval to construct a two story 5,700 square foot home on the
property located at 14385 Twisted Branch Road in the' PRD zone, Bridlewood Country
E~tates, and '
WHEREAS, on June 20, 1989, the City Council held ,a hearing on the above..:
referenced item. ~,
NOW, THEREFORE, the,Ci,ty Counci 1 does hereby resol ve as follows::
Secti on' L Environmental F,i,nd,i ngs:
The ,City Co~ncil finds that the .project ,wil i not have a significant advers'e
impact OIT the environment and hereby issues a Negative Declaration with
mitigation measures.
Section 2,: Findings:
1. That the proposed development is in conformance with the Poway General
Plan"in that. the proposed use is a two story, sin9le family residence
and the Gener.a:l Plan designation i sPRD,.
2. That the proposed development will not have an adverse aesthetic,
iiealth, safety, or architecturally r:e:lated impact upon adjoining pro-
perti~s, in that the grading design an~ landscape installation,
building pl'atement, construction method" bUilding materials, and eleva-
tions will be. compatible with surrQ'unding properties
3. That We proposed de"\'elopment isin corripl iance with t,~e Zoning
Ordin,ance,in t!1at ,i,t complies with the setbacks, height limit, and all
other proper'tj' development standards of the PRO zone.
4. That the proposed dev.e,lopment enqO,ur.a,ge,s th,e orderly and. ha~monious,
appearance of struc,i:ures and propertywi,thin the City ,in tliat ail
surrQu,ndi,ngpr()pertiesto th~ sou~~,east, and west are under the same
'zon),ng aesignationas the subject 'l:ot and are 'to be developed as
single-fami 1y residences sinii lar to the proposed project.
Section 3: City Couhcfl Oeci,siori,
TheCi ty Council hereby approves M'inor Deve,lopment Revi ew 89-35 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 III the pro-
perty owner shal i execute a Covenant on Real Property.
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Resoluti'on No. P-89"57
Page 2
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WI;rH THE FOLLOWING CONDITIONS:
I. Revised site plans and building elevations incorporating all tonditions of
approval shaJI be submitted to the Planning Services Department p~ior to
issuance of buildih~ ~~rmits,
2. Approva 1 of thi s request sha 11 not wa i ve comp Ii ance with a 11 sections of the
Zoni ng Deve,'lopment Code and a 11 other app I i cab 1 e City Ord inances in effect
at the time of bui~ding permit issuance.
3. The appropriate Bui'ldi,ng Department approv,al:s shall be rece,ived prior' to the
initic'ltfon of const~liction.
4. All applicable ,constFuction standards pertaining to p~ivate driveways shall
be met (Municipal Code Section 17.08.190.P) to the satisfaction of the
Directors of Public and Planning Services.
5. All manufactured slopes over five feet in hei'ght shall be planted with
grbund cover, shru,i;Js, and trees, and ma i nta ined in a hea lthy growi ng con-
dition in accordance with Ordinance No. n. All s'lopes visible to Blue Sky
Ranch shall be lanascaped with acceptaDle nativejsemi~native species to the
satisfaction of the Directors of Planning and Safety Services.
6. Future grading of the hillside portions of the subject lot shall be prohi-
bited unless approved by City Counci 1,
7. A landscape and irrigation plan shall be submitted to the City for review
and approval prior to issuance of a building permit, Installation of all
Slope planting and irrigation shall occur prior to occupancy.
8. All new and existi~g utilities shall be underground.
9. A tennis court may be constructed in the location shown on the approved ,site
plan. The downhill side(s) of the court sha.ll be constructed on, a retaining
walloI' crib wall so that no manufactufed slope fs exposed. The area behind
the wal,1,. and, under the surface of the court, may be f,illed. I'n order to
minimi ze the overaJ.1 height .of the crib or fetaining wall' and court fencing"
cut slopes may be created along the up-slope side of the court
APPLICANT SHALL CONTACT THE DEPARTMEN;r OF PUBLIC SERVICES REG'ARD ING COMPLIANCE
WIm THE FOLLOWING CONDITIONS: . .
L A grading plan reflecting 'design changes herein required., for the develop-
ment of the property shall be submi tted to the City" s Publ ic Services
Department for review and approval prior to issuance of a grading permit and
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Resolution No, P- 89-57
Page 3
start Gf gr?ding operation.
shall meet the City's Public
of a building permit.
Rough 9rading of the site must be completed and
Services 'inspector'~ approval prior to issuiince
2. A right-of-way permit shall be obtained from the City's Public Services
Department for any work to be done within the publ ic street right-of-way Qr
any City-held easement. Said, work shall include, but is not to be limited
to, construct.i6n of , driveway approach, se.l'ier lateral installation, water
service line installation, street construction (includ.ing concrete curb,
gutter, and sidewalk), Permit shall be obtained prior to start of work.
3. The site pl'an submitted for this minor development review indiciltes th~ pro-
posed ,r;esidenGes 'encroachment ~o the adjoining lot (Lot 51 of'Tt'1 4D90R)
which requ.ires the processing cif a boundary adjustment .through the City" s
Publ'{c Services Department. Said adjustme~t sha'n meet'the C(ty Engineer"'s
approva 1 pri'6r to buil di ng permit i ssuance\
4. Please contact Public Services for payment of water, drainage, sewer, traf-
fic mitigation, and park fees prior to bui'lding permit i~suance
APPLICANt SHALL CONTACT THE DEPARTMENT 'OF SAFETY SERV.ICES REGARDING COMPLIANCE
WiTH THE FOLLOWING CONDITIONS:
1. Roof coveri'ng shall m.eet the Class A fire re.tradant testing as specified in
the Uniform Builoing Stanuarus No, 32-7 for' fih! retardant roof covering
materials, per City of Poway Ordinance No 64,
2. .Approveo numbers or addresses Shall be ph.ceoo,D the building
position as to be plainly visible and legible fram the street
property. Said numberS shall contrast with their background,
be required at private driveway entrances.
in such a
fronti ng the
Addres s ~ha 11
3. Each Chimney li'sed in corrjunctio,n with ary ,f.i'replace shall be mainta,i,ned with
a spark arrester.
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APPROVED and, ADOPTED by the City Council City of Poway, State of
C.'if"",,.. 'hi, .20'h do, of Jo",.. 1989. .U
ar R,
C'?
Kruse, ~ayor
ATTEST:
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Marjorle ~. Wahlsten, Clty Clerk
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STATE ,QFCAL,IFORN IA
COUNTY' OF ,SAN DIEGO
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Resoluti~n No. P- 89-57
'P,age 4
ss.
'I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Reso.lution, No. P~89-57 ,was'
duly adopted by the Cfty Cguncil at a meeting of said City Council held on the
20th day of June , 1989, and that it was so adopted by the !illlowi~g _, <-
vote:, - -- --' ,- -- - ' ~-- ~
AYE-S.
NOES:
ABSTAIN:
ABSENT:
R/R-6-13.2l:l-31
JMERY, GOLDSMITH, HIGGINSON, KRUSE
NONt
NONE
BRANNON
J1l ~ 0'1)~ ~
r'larjonefK. '~ah sten, Cl ty . er
City of P.OI/ Y
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