Covenant Regarding Real Property 1989-226214
~
,.>~
,
-,
..
-,
"
.
243
a!>a?'.Z6J2:t1 11
...'I"~.
.'
RECORDING REQUEST BY:
CITY OF POWA Y
WHEN RECORDED MAIL TO.
CITY CLERK
CITY OF POWAY
PO. BOX 789
POWAY, CA 92064
r-: RECORQED Iii --,
1,..Pf.nc;Al...:~-fCORDS I
,OF ::?N 01[:;:1 i~GUNTY, Gt J
89 HAY -, At! 8: 22
I VERA L. LYLE;_ I
~OUlHY ftECORD~
lIEF
AR I '
MG .
......-;
No Transfer Tax Due
(ThiS space for Recorder's use)
COVENANT REGARDING REAL PROPERTY
James P. Gormican ana Gail C. Gormican, husband and wife as joint tenants
'('''OWNEir'' hereinafter) are the owners of real property described in Exh,ibit A- whic_O.
is attached hereto and made a part hereof and which is commonly known as
Assessor's Parcel Number 321-270-08 ("PROPERTY" hereinafter) In consideration
of the approval of Minor Development Review 88-205 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),
TOis 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" In the event that Minor Development Review 88-205 expires or is rescinded by
City Council at the request of the OWNER, CITY Sh[.ll 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, jnc lud i ng. reasonab 1 e attorneys' fees, frol the other party. The CITY may
assign to persons impacted by the performance of this Covenant the right to
enforce this Covenant against OWNER
flf~~ /?j?
~tarize) ~
r;{ /K~
/
r.
Dated:
~(
....
Dated: p,p--, I arl, IqR9
E--.o.....JI ( OC"i'\ Ii" " {o..<~
OWNER -
(Notari ze)
...
Dated: March 7, 1989
CITY OF POWAY
By (~~ t~~)-IIL~'-1.
-'
- ----<",
,~::-~_r
L
"1 I
! l'l' \
I~~'~l (J\\/I' - ~ \{~ -
~;~\ ,r ~...
~ \ ~*~~kA*~**WV~w*
, ,".;.. * State of C r,\ \ ~,....\.. ,In
'/ .,r'
*
"-
*
~ *
*
*
*(
,
~ * C
* ,
*
*
*
*
-/
!
.
_ ._ _ _ r
244
County of "'::::>c,,-\.~ ~\()~
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
On this the ~";:::, day of ~~.....\\ 19"\,"\, before me, *
; SS. \. *
) \.rC,\\ C .\.,.(");-N\c<".,,--, ('..,"C)'... *
the undersigned Notary Public, personally appeared *
*
'S(')..\.J.. C'..... \::> - l "'tOt-t,.....,( (' C ^ \.... \ , *
.
d*
o personally known to me *
*
~ proved to me on the basis of satisfactory evidence *
to be the person(s) whose name(s) subscribed *
to the within instrument, and acknowledged that ",,"0 \ , *
executed it. \ *
~d ~d official seal. :
~~;;::~ -'~~.b?~~~:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
OFFICIAL SEAL
LINDA M. AMADOR
Notary Public-Ca!lfornla
SAN DIEGO COUNTY
My Comm, Exp. May 20. 1991
*
*
*
* * * * * * * * * * * * .
L
"
I
. ,
"--... ,-
.~
!/'l
.
J
.
"
,f
"
- _ ~U DESCRIRTION
" ' ,
: - ;JE.'{ NO. 1034}'8-1
"OLlCY NO. 605-263754
/.... ~ --.. ., .. .
! clrrrn
It
i.//
I PARCEL 1:
,~
'1/
.
245
". .~
, '
.
North Half of the Northwest Quarter of Southeast Quarter of the Northeast
Quar:ter of Section 8, TCMnShip 14 South, Range 1 West, San Bemardino Meridiah,
in the. COunty of San Diego, State of California, according to Official Plat
thereof~
EXCEPI' THEREFRCM ali mineral rights.
PARCEL 2:
An easement for ingress and egress for road and utility purposes aver, under,
along ahd across that portion of the East Half of the Southwest Quarter of the
!\'ortheast Quarter of Section 8, To.-mship 14 South, Range 1 West, San Bernardino
-'M~rfci:i;ail; in 1:.'1e' O':l1.li'lt":r'of San Diego, :state..of CalifoIT'.ia, ,according to the
Official Plat thereof, lyingw:rt:hiI) a strip of land 60.00 feet in width, the
Northerly boi..mdary line of said strip being described as follo,;s:
Cam1encing at the Northeasterly eamer of the Southwest .Quarter of the Northeast
Quarter of said Section 8; thence. along we' NortherlyJ:ine of said Soutnwest
Quarter of the Northeast Quarter, North 88'38'40" I:iest; 525,00 feet; 'thence
parallel with the Easterly line of: said Southwest Quarter of the Northeast
Quarter" South 04'23'03" West, 400,00 feet; thence parallel with the NortherlY
line of said South.-"est Quarter of the Northeast Quarter, South 88' 38' 40" East,
175.00 fE,et, to tile TRUE POINT OF EEGINNIN:;; 'the.'1ce Easterly in a straight line
to -;TIe Southeast' corner of the No:rtherly 330_00 feet of said, South'Y!"st Quarter
of the Northeast Quarter of,SeCtion '8, Said strip to tei1\1:inate tofue West in a
line drawnp<rrallel with the E~erly line of said Southwest Quarter of the
N<3i;"cheastQuarter thr0ugh the TRUE. 'poINT OF BEGINNIN:;and to terminate on the
Eastiri the Easterly line of said South\.,est Quarter of the Northeast Quarter.
PARCEL 3:
An easement for ,ingress and ,egress for road. and utility.. RillTOses aver, under,
along and across a 60.00 f=t strip oJ' land lying within the East Half of the
_Southwest Quarter of the No0;heast Quarter of Secti.on8, Tdwnship 14 South,
Range 1 !'iest, San lJernardirp (er:idi'ln, in the O:llli1ty of San Diego, State of
canfbrnia,acco:rffing to 'the0fficial Pht ,tr,ereof, the Easterly and Northerly
l!,ine of said 60,00 f=t strip being described as follows:
I
d:mnenc;tng at ',the Northeasterly corner of the Scuthi-iest 'Quarter of the Northeast
Qu~er- ofs8lct Section, 8'; thence along the Northerly 'line of .said Southwest
Qu"arter oitileuNortheast'QUarter, North 88'38'40" West, 525_00 feet to the TRUE
POINT0F BEGINNIN:;; thence parallel with the Easterly lihe of said Southwest
Quarter of the Northeast Quarter, South 04'23'03" \~est;: 400,00 feet; thence
parallel with the Northerly lihe of said Scuthwest Quarter of the Northeast
Quarter, South 88' 38' 40" East, 175.00 feet.
(Contihued)
~~.fIIBIT _'A..,
~ .....-.~.
" .
c..Jf...,.
1;-
r
[
..
.
246
RESOLUTIOW NO. P- 89~28
A RESOCUTION OF THE CITY {OUNCIL
OF THE CJTY OF ROWA Y , CAL.IFORN lA
APPROV.lNG MINOR DEVELOPMENT REVIEW 88-205
ASSESSOR'S PARCEL NUM8ER 321-'270-03
\,!HEREAS, Minor Deve,loPlTIe~t Review 88-205, submitted by Jim Gormican to
construe,t a 3,831 square foot single-family residence at 15650 Blue CrYstal
l'rail ,w'ithin an .area fdentified on the "Major Topographical Features" map,. in
theRR~A (Rural Residential A) zone; and
WHEREAS, on March 7, 1989, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the CHy' CounGil does hereby" resolve as fo1l9wS'
Section 1: Envi ronmenta 1 'Find'; ngs :
The City Council finds that this project is categori"cally exempt (Class 3)
from the Ca Ii forni a Envii:ohmenta 1 Qual ity Act.
Section 2: Findings.:
L That the. proposed development is, in conformance with the Poway General
Plan, in that the General Plan ca.lls for rural residentia'l land yse for
the subj~ct property.
2 Tnat the proposed development will not have an adverse aesth~tic,
health, safety, or 'architecturally re.lated impact upon adjoin,ing pro-
perties" because the property will be graded in such a way as to
obscure views of the structure from major roadways and most of the
valley floor.
3. That the. proposedd~vel opment is in comp 1 i ance wi th the Zoning
Ordinance, in that, the. proposed ,structure meets all the property deve-
lopment standards of the Zoning Code.
4, That the proposed deve.l opment. encourage.,? the orderly and, harmon i oU.S
appearance 6fstructiires and pr:operty I>!ithi n the Gity,
.Section 3: City Council Decision'
The Gity Counc';l hereby ;approves Minor Development. Review 88-205 subject to
th~ following conditions:
Within 30 days of approval: (1) THe apphcant shall submit in writing that
all conditions of approval have been ~ead and understood; and (2) the pro-
perty owner shall execute a Covenant on Real Property.
L The d'etached garage shall not be used .for Hving quarters nor shall it
be utilized for commercial business ac'tivi.ties, including but not
limited to, auto repair and cabinet lTIaking'. A covenant to that effect
shall be recorded over the pr,operty prior' to building permit issuance,
. ..-.
:~,.~/~
r
r
(:.::.'"
..
.2417
.
Resolution No. P-89-28
Page 2
2, A i'.i dfrigand. hik i"ng tr:dil sha 11 be dedicated to the City of Poway along
the southerly ten feet of the property subject to the approval of the
Di rector of {ommun.i'ty Servi ces.
3. Water well, ,as' a. source of water su'pply for .domestic and fire .require-
ment needs, .shill.l meet the requirements of the County of San Diego
Health Department a-nd the State of Ca:TiJ6rnia water well standard's.
APPLICANT SHAll CONTAC-T THE, DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH' THE FOLLOWING CONDItiONS:
1. Site shall be develo~ed in accordance with the approved site plans on file
i.n the Planning Services Department and the condHions contained hgrein..
2. Approval of this r:e.quest shall not waive c()lTlpli;ancewith all sections .()f the
Zoning Development 'C()deand all other app,liCilble City Ordinances in effect
at the time of bu.ildi ng per:mi ti ssuance.
3. The applicant shall GOl1lply.with the latest al:iopted Uniform Building Code,
~n:iform Mechani ca'l Code;. Uniform Plumbing Code, Nat i ana 1 Elec,tri c Code,
Uni form F ire Code, and all other app lie-db] e codes and ordinances in effect
at the. time of building permit issuance'.
4. For: a new residential dl'ielling ~nit(s), the applj:Ci1nt shall pay development
fees at the established ",..ate. Such fees may include., but not be limited to:
Permit and Plan CiJeckfng Fees, School Fees (in ,accordance with City-adopted
pol icy and/or ordinance), .Water and Sewer Serv.ice Fees These fees shall be
paid prior to buHding permit i"ssuance.
5, This approval shall b~c.omenull and void if puilding permits are not issued
for thi s project with.i n one year from the date.of project. .approval
6, Bui.ldingidentiffcat{ori and/or: addresses, shall 'be.placed on all new and
ex'isting buildings so as 'to: be plainly visible from the street or access
road; color of identH.ication and/or addresses shall contrast with their
back grou^nd color _ ." ,
7 . Existing on-site trees shall be 'ret.a.ine_d wherev,erpossible and shall be
~rimmed ,a~ct'/()r tOPPed. pead; dec,ayi}19 'OF pot,e,ntia:1ly dangerous treessha 1,1
,tle app!,"ovedfor removal at the discre.tign of, the Planning 'Services
Department during the review of the Master Pl'anof existing on-site trees.
Those trees which are approved for r;emova'} sha~n be replaced on a tree-for--
tree basis as required by the ~la:riningServj~es 'Department.
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS: .'
....
--
.'.'. .,
r
:(
.
248
.
Resolution No. P- 89-28
Page 3
1. The private road, known as Blue Crystal Trail, fronting the property shall
be improved to the City's Non-Dedfcated Rura.l Street Standards. Completion
of said improvement must be made prior to issu_ance of a Certificate of
Occupancy.
2. A road construction and maintenance agreement for that private road fronting
the property (Blue Crystal Trail), in a form satisfactory to the City
Attorney. shall be executed by the developer and/or owner prior to building
permit issuance. Said agreement is to comply with City Ordinance No 280.
3, leach field layout for sewage disposal system, shall be approved by the City
Engfneer prior to' buildingpermi.t issuance.
APPLICANT SHAll CONTACT THE SAFETY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOllOWING CONDITIONS:
1. Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building.Standards No. 32-7 for fire retardant roof,
2.
Approved numbers or addresses shall be placed on the building in such a
position as to be plaihly visible and legible from the street fronting the
pr:operty. Said numbers shall contrast with their background. Minimum
height of address' numbers shall be four inches. Address shall be required
at private driveway entrances.
.
4. Each chimney used in conjunction \~ith any fireplace shall be [;laintained
with a spark arrester
5. On-site water storage, if needed for fire control. shall meet the require-
ments of the City's Fiore Marsllal.
APPROVED and ADOPTED by the City Council ~he
California, this 7tli day of March, 19l:l9, If'
I
,
City of Poway, State of
Car
//
11ay 0 r
ATTEST:
\~
....);-...
f
r
',.'
,.
STATE OF CALIFORNIA
COUNTY ,bF SAN DIEGO
.
.
249
Resolution No. P- 89-28
Page 4
ss.
I" Marjorie K. 'WahVsten ,CHy Clerk of the G.ity of P.oway, do hereby certify,
!Jnder th-~ penalty of perjury, tnat the foregoing 'Resolution, No. P-89~28 ,was'
duly adopted by the City Council at a meeting of said City Council held on the
7th day of March , 19b9, and that it wa? so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
R/R-3-7 1-4
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NONE
NONE
NONE
'; :lo...L:L... V 2iL'u./fG tI.-
Marjorle K. Wahlsten, Clty C er
City of, Poway
"-