Covenant Regarding Real Property 1989-517899
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REtORDtNG REQUEST .BY:
CITY OF POW~Y
'WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
(;', 1667
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89SEP26AHII: ,30
'L VERA L. LYLt;_ I.
j,OUlnY REC(lRD~
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COVENANT REGARDING REAL PROPERTY
Green Va;lley Surrrnit No. :28, a General Partnelish,ip ("OWNER" hereinafter) is
the owner ,of' real property ,described' in Exhibit A which is attached.hereto and
made a part hereof arid whiCh.fs corrrnonly known as Assessor's Parcel Number
275-260~20("nOPERTY"hereinafter). In consideration of the approval o,f Minor
C'ond.itiori'al Use Permit 89-11 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).
Thi s Covenant shall run wi th the 1 and and be bi ndi ng upon and i nureto the
benefit of the future owners, encumbrancers, successors, hei rs, personal
representatives, transferees and assigns of the respective parties.
In the event that Minor Conditional Use Permit 89-11 expires or is rescinded
by City Council at the request of the OWNER, CITY shall expunge thil Covenant
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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, 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. ~, ~ '~ l~/ ___ ~
Dated: ct---!3 -!J/ ~I (;7L -~
OWN '7
(Notarize)
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'.D.ated:
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CITY OF POWAY
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basis of satisfactory evidence) to be the persons who executed the within instrument as
President ami XXXXXXXXXXX Secretary, on behalf of All an
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Con tr.actor:s,,_Lnc_dba_Royste.LConst ruct i on Company, I nc.
.~~e corporation therein named, and acknowledged to me that said
c!>rporation executed the within instrument pursuant to its by-
laws or a resolution of its board of dirGctors, said corporation being
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STATE OF CAlIFOR~IA
COUNTY OF San
On Septembe r
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13, 1989
said State, personally appearerl
E"J\._Roy,s,te r
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known to me to be the general partner of
G reen.J/a,Uey_S,ummLLN.o._2 8
thex.j(1~%Wartnership that executed the within instrument. and
acknowledged to me at such corporation executed the Same as
such partner and t t such partnership exec the same.
WITN ESS my "-";! ~~ seaL
Signature I"'V
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, before me, the undersigned, a Notary Public in and for
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, personally known to me (or proved to me on the
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Gt::-"'~>,' OFFICIAL SEf,L
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-'C,,,,,k;~'i: p"n, LA 1 H...WS
'ir'P::~'>:,1.i~'; NOTARY rusuc ' CAlIr-ORN1A
-~~~~ Prim:ipaJ OHice in San Diego County
~ My CommissIOn Expjre~ May 21, 1991
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ORDER NO. 911644-17
LEGAL DESCRIPTION
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THE ,LAND REFERRED TO HEREIN IS SITUATED IN THE. STATE OF CALIFORNIA,
COUNTY OF SAN' DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT .28 OF CITY OF POWAY TRACT NO. 85-03TE, IN THE CITY OF POWAY,
CqUNTY OF SAN DIEGO, S'fATE OF CALIFORNIA, ACCORDING, TO MAP THEREOF
:,'8 .p'3n, ,FILED nt THE OFFICE OF THE COUNTY ,RECORDER OF 9AN DIEGO
COUNTY, l1ARCH 7, 1989.
PARCEL 2.:
~ PON-EXCLUSIVE E[\SEl>!EN.T ON AND, OVER THE "COMMON AREA," !'-9 DEFINED IN
'.['HJ!; DECLARATION OF 'COVENANTS, CONDITIONS AND RESTRICT IcONS FOR GREEN
VALLEY SUMMIT ,RECmWED IN THE -OFFICE OF THE COUNTY RECORDER OF SAN
DHGOCOUNTY, CALIF:ORNIA, ON DECEMBER 11, 1987 AS FILE NO. 87-684570
OF Ol';nQAL RECORDS FOR U_~E.. OCCUPANCY AND ,EnJOYMENT OF AND INGRESS
AND EGRESS TO THE AMENITIESLO~ATED THEREON, SUBJECT TO THE TERMS AND
PROVIS,IONS OF SAID DECLARATION OF COVENANTS , CONDITIONS AND
'RESTR]CTIONS.. "THIS EASEMENT IS APPURTENANT TO PARCEL 1 ABOVE
DESCRIBEQ ~b SHALL BECOME, EFFECTIVE UPON THE LATER TO OCCUR OF (i)
THE RECO~DbTION OF TH]S DEED, OR (ii)THE CONVEYANCE OF RECORD OF THE
COMMON AREA TO THE ASSOCIATION.
(SUB17;484'l,
PAGE 6
EXHIBIT A
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RESOLUTION NO. P-89-107
~ RESOLUTION OF THE CITY COUNCIL.
OF THE CIT{OF pOIoiAl, CALIFORNIA
APPROVi'NGMINOR CONDITIONAL US'E PERMIT 89-11
ASSESSOR'S PARCEL NUMBER 27.5-260-20
WHEREAS, Minor Conditional Use Permit 89-11 submitte.fl by Allen Royster,
applicant, requests approval to construct a 705 square foot detached 9uesthouse
at 1359.0 Suninit Circle I'll the Rural Residential B zone; and
WHEREAS. on September 5, 1989, the City Council held a hearing on 'the above-
referenced item.
NQW.; THEREFORE, the ,City Council does hereby resolve as follows:
Sedi on 1: Envi ronmenta 1 Fi ndfngs:
The Ci ty Counci'lfi nds that th.i s project i's categori cally exempt (CI ass' 3)
from the Cal ifornia EnvTronmental Qual ity Act (CEQA).
Section 2: Fi nd,i ngs ,:
1. That the locat.ion, s.ize, design, and operating characteristi~s of the
propo~eduse wi,Ilbe compatiblew.i.th and will not adversely affect, or
be materially detrimental to adjacent uses., residences, buildings,
structures. or natural resources, in that 'the use is accessory to and
compat.ible with si'ngle family residential development.
2. That the scale, bulk, coverage, and density of the project fs con-
sistent with adjacent uses. "The propos,ed architectural design and
finish mater'i'als match the' house.
3. That there are' available public facilities~ services, and utiIiti'es.
4,. That there will .noJ be a harmful effect upon, desi rabI e nei'ghborhood
characteristics, in that the subject four acre lot can accolimodate the
added square footage.
s. That the generation of traffic wi llno~ adv.ersE!ly impact the
surrounding streets and'lor the City's Ci:rcu.lation Element because the
,use remain's ,s,ingJe-famHy onl,y. .
6. That the site is sultable for the' type and intensity of use or develop-
[11ent whi ch is p'rop6sed. '
7. Thatthere will not be ,significant harm(ul effeCts up,on environmental
quality and natural resources because of the small scale of the pro- '
j ect.
8. That there ,are no other relevant negative impacts of the proposed use
that cannot be mitigated.
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Resolution No. P- 89-107
Pag~ 2
9. That the impacts associated with the proposed location, size, design,
and operatfng characteristics of the pro~osed use and the conditions
underwhi ch. it would be operated or mai nt~i ned wi 11 not be detrimental
to the public. health, safety or welfare, or materially injurious ,to
properties or improvements in the vicinity and the use is consistent
with the General Plan.
10. That the accessory use is in comp1 iance with each of the, app1 icab1e
provisions of Ordinance 17..48 (conditional use permit regulations).
Section 3: City Council Oecis'ion:
The City Council hereby approves Mi nor Condit,i ona 1 Use Permit 89-09 subject
to the fol'low'fng condjtions:
1. Within 30 days of approval: (1) The appl'icant sh_aIl submit in writing
that all conditions of approval have been read and under~tood; and (2)
the property owner shall execute a Covenant on Real Property.
2. The guest house shall never be leased or rented as a sepa'rate living
unit and no kitchen shall ever be. installed.
3.S'chool impact fees' at the rate of $1.56 shall be paid at the time ,of
building permit issuance.
4. This approval shall become null and void if building permits are not
issued by September 5, 1990. \'
APPLICANT SHALL CONTACT THE. DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Approval of this request shall not waive compliance with all sections of the
Zoning Development Co.de and all other applicable City Ordinances in effect
at the time of building permit issuance.
'2. The appropriate. Build:ing Department app.fova1 s shall be 'rece,ived prio'r' to th'e
initiation of construction.
3. Sitesha.11 be developed in accordance with the approved site plan on fHe in
the PI ann'i ng Servfces Department andi::he condTt ions' conta i ned here in.
4. The applicant cs.haJl c_ofnpl y with the latest adopted Uniform Bu i 1 ding Code,
Uniform Mecha~i ca 1 Code, Uniform Plumbj ng Cod~, Natrona1 'El ectri c Code,
Uniform Fire Code, and all other app.l icable codes and ordinances in effect
at the time of building permit issuance,.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFHYSERVICE REGARDING COMPLIANCE
liiITH THE FOLLOWING CONDITiONS:
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Re'soTut!on No. 'P- 89-107
Page' J
1., Roof covering shall meet Crass A fi re re'tardant test'i ng as specifi ed
YniformBu,ilding S,taridards No. 32-7 for fire' retardant roof covering
materials, per CitYC6f ,Poway Ordi nance No. M.
2. Each ch'imoey used in ,conj uncti on with any fi replaCe ,sha II be ma i nta ined with
a ~patk arrester. '
in the
,~RRROVEDand ADOPTED by the Ci;ty Coun.cU
GaliJornia, this '5th dajM September, 1989.
of ' the City of Poway, State of
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ATTEST':
Carl ,R. Kruse, Mayor
J l1 Cc (;;l.L~LV j U{tk~fL,-
Marjorie,K~ Wahlsten, 'City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF SAN DIEGO )
L,~arjori'e 'K. W,ah,lsten. City Clerk of the CiEy gf Poway, do hereby certify"
"un-Cler the pen<irty of perJury" ttiat the foregoing ~esolutlon, No. P-89-Io7, was,
duly adopted by the, City"Coifncil 'at a meeti I1g~ of .~a.L(j City. Counc,i.Lheld on the
~ day of September ,1989 ,a'rid that 'it was sq adopted by the fo 11 owing
vote:
AYES:
NOES:
ABSl'AI N:,
ABSENT:
BRANNON, Et~ERY, GOLDSMlrH,HIGGINSON, 'KRUSE
NONE
NONE
NONE
R/R-9-5.1-3
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/'''il>c.,rc:.e- ,1<".) \,'(i,.. LiU,..;
Marjorie K. Wahlsten, City Clerk
Ci ty of Poway
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