Covenant Regarding Real Property 1988-248542
'.,,- ~:~; ~
- "
936
. ___ 8 2 ~ 8~_~, 2
r ".>"rcq",.-t"!" I
..".._}..!.:;... 1 ,'Ij
I !~rr ~CI.\L :n:r;;Jr\D;}
..- _ ~ . t , -,~,., . .',' 't"".
I (;. :,~\~<l ;;;;b.:'~' UilJt'i; I........
.
,
r. .~-.
-- :..
RECORDING REQUEST BY:
CITY OF POWA Y
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF PO WAY
P,O, BOX 789
POWAY, CA 92064
No Transfer Tax Due
)
)
)
)
)
)
)
)
)
)
)
)
ISBa MAY 26 AM 9 SS
I o;.'U'.;\ I,. LYLe I'
~UH~ Y ,gECGnD~
(This space for Recorder's use)
RF /
AR
MG-
COVENANT- REGARDING REAL PROPERTY
Robert E, Scott and Liesa W, Scott ("OWNER" hereinafter) is the owner of
real property described 1n Exhibit A which is attached hereto and made a part
hereof and which is commo'nT~ 'known as Lot 74 of City of Poway Tr.act 4090-R
("PROPERTY" hereinafter), ID consideration of the approval of Minor Conditional
Use Permit 88-07 by the City of Poway ("CITY" hereinafter), OWNER hereby cove-
nants and agrees for the b~Defit of the CITY, to abide by conditions of the
attached resolution (Exhibit B),
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 of th~ respective parties,
OWNER agrees that OWNER's duties and obligations under this Covenant are a
1 i en upon the Property, Upon not ice and opportunity to respond, the CITY may
add to the tax bill of OWNER any past due financial obligation owing to CITY BY
way of this Covenant,
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, i ncl udi ng reasonabl e 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, ~~~ ~
Dated: P/Av /~ 1'81 ~ {'J.e ~t"Jt7
NER
(Notarize)
Dated:
CITY OF POWA Y
By '2 d." . z:J~ --T~
(No need to N arize)
C:NOR-4-5,2
~ .
r, :..~t", '',\ M E F. I
_~ ;~'~ : _ .f:' '1
"":t%1~1l~
......\\.~:i:-. ///./
~,-".:-,-,_;t,t./j.~
---:;;.--'~::;<~::!-''':;:::-
FORM NO. 1341 (,9/ln)
iuirA PLAIN LANGUAGE POLICY
f
.'
- "
93'7
r-
I
.
ORDER NO, 925307-5
EXHIBIT "1"
PARCEL 1:
LOT 74 OF CITY OF POWAY TRACT NO. 4090~R, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFOR~IA, ACCORDING TO y~p THEREOF NO, 11360, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON
OCTOBER 24, 1985.
PARCEL 2:
A NON'-EXCLUSIVE EASEMENT ON AND OVER THE "COMMON AREA" AS DEFINED IN
THE DECLARATION OF RESTRICTIONS FOR BRIDLEWOOD ESTATES, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON
MARCH" 4, 1986 AS FILE NO, 86-085061 OF OFFICIAL RECORDS, FOR ACCESS,
USE, OCCUPANCY, ENJOY~~T, INGRESS AND EGRESS OF THE AMENITIES
LOCATED THEREON, SUBJECT TO THE TERMS AND PROVISIONS OF SAID
DECLARATION OF RESTRICTIONS, THIS EASEMENT IS APPURTENANT TO
PARCEL 1 ABOVE DESCRIBED.
(SUB5.022)
EXHIBIT A
Coun,ty of '~,,-,::t)i'g~u
* "*' .' * --* * * * * * * * * * * .* '* *.* * '* * .** .* * * * *
.0nthiS the l~~ day ,of ' t'V\~ 19 ~}?, before
) 55.
) ~r- 'orie:\(, Wc,.h!ste.,.....
the,unde rs i gned. Nota'ry 'Pur),].i c,. personally appeared
'\<cbe..r+ ~. 'Scott-tl L..[~sc.. w. SLoT
_ v
938
.>
il, };~NIRAL ACK~OWL,EDG~E;N\.
',eft ~,..,*~ .*';* * * *" .*,!* * "!' **.:' *: c*.
si, * State~.f ;Q";i;:io,(';..,"~
4! *.
:1t ~~
i~: 'k"
* * '*
me, ~
*
*
,
,*
-~w' *
'} i*;
""
..... i*
~~.: *~
~';.
.~ *.,
.~~' ~,
,1 :
..~- *
~
.,hi *
:i[~ *
*
;i
;- ~..r............I',rN...~ ~.,.. ".V:,'\IV'~
'. . - , - '. ' . r OfFICIAL'5IAt.:
, .:'..,. ~\MAR!ORIE .K. yiAH.LSTE~'
. 0:. NOTARY PUILIC.CALlfORNI...
: ' .' fRlNClPAL ofFlci'IN
,'- "_ S~N ~1l:G,?:; COUNTY'
. , " ',', " ,Mj,.Cumm,JI~irel ~i13.1988
..~.........-_.......... ... .......~
~....1II,...!!~.1I...-::",,"",. .......
.*,
,0 personally known' to me' *
*
'Rf, 'proved to me on the b9-~i s of satisfactoryevidehce *
Xo"be the person(s) whose name(s) (;.;<rC '.subs(ril5ed ;i:
to the withi n instrument, and acknowledged that +:k~ *.
executed it. *,
WtTN'S'S my hand and. of.ficial seal. *
*
*
*
~:
,ilk
Sigcta!\ure
**0 *
j( ;j evI0 ti:.-
,~~ *
'.i, * Notary"s
.~ * *: *' ~ *' *" ',* * * '* *,' *, * -* * *, ,* *~ ,* * * ,~
* -*1 ,*,,* ':t' '* * *, * * *. ,* ':*, ,* * *' *; ,*-,.~ *
")PARTNERSHIP ACKNOWLEDGMENT
~':' .",*'"":.k.+ *.r* * * *'-'.*_-* * * *..'*.* * * *: *. *, * * * * * *.* * * * .*'. *"'* * * * * ,* * *. *,'* * * *. *; *,* ,*
*, :sta te of Ori~ "thts the day 91~ 19 befo"r'e, in-e" :*
\~,; .=*,counlY of l SS,*
. , thei:undersigned Notar,y Publ ic, personally appeared
,~~~ '*.
':., *.
~,
*
*
*
*
"
*
*
*
*
*
,... *
~ *
~~i~ *
[Jpersonally known to me
0, proved to me on: the basi,s of sCi,tisfactory .evid.ence
to be, the person (.s) w,h_o executed the wi th.i:n i.nstrument
on behaH of thepartne rsh i p ,and acknowledged ,to me that *
. * th~ partnership exe,cuted it.' " *
, *WITNES'S my hand and offici a 1 sea 1. *
* *
~ * *:
Yi.; * Nota'ry's Signature *
* * *.* ~.,* ~ * * * * * * * * * * * * * * ~~ * * * *' * .*, * ~ ..*.* * * *'.*~* * * * *"* * * * *.
<" *
,
.. *
.;..
"
CORPORATE' ACKNOWLEDGMENT
* * * ,*" *'i. ,* * * *' f*-, ;*.. '*, * * *, ,-* ,." '*-:' * ~ :lc ~~~ ;~;.,*: * '* * *. * * * * ,*.* .*. * .* * ~* * * * ,*, ,-*, "* * '*' *'
* Stale;'of :On this the day"o_f ,19 ,before' I'fle" *
* ) SS, *
)
. '~
Gounty of
the unde rs i gned Nota ry Pub lic, persona 11 y appeared
*
*
*
*
*
*
*
*
o proved tOme. on the basis of satisfactory evidence to *
be' the person(s~who executed the within instrument as *
" ,or on beha 1 f of the corpora t ion, *
there in named ,and acknowledged to me 'that the corporati on *
exeCuted it. *
WITNESS my hand and. o,ffi'd aT seal. *
*
.~., *
*
, *
.J; ;*
~ *,
,. *
j:~ *.
o personally known t6. me
*
*
*
*
*
~'; *
,~:: *
',1
~. * * * '* * *', *, ,*
* *
****+
Notar.y',;s S.ignature
+ *,.~ * + ,+ -..... +' '~-, ''+ +. +
*
"
---,.'-,.' .
...:"~~-~~-+---...
+ ,.....;;+ ......
"
....-.... .... '....
.&. :l- .... .... do do
... -"', ~'- -~, ~. -..
.._~--.,~",,~- .
~ '~""_"'.
r' "
-'-"
.~.
- ~
'7:~"'~ ---
r
{
.;
.
9a9
.'
..
RESOLUTION NO, P-88-42
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 88-07
ASSESSOR'S PARCEL NUMBER 278-424-44
WHEREAS, Minor Conditional Use Permit 88-07, submitted by
Robert Scott, applicant, requests approval to construct a 512
square foot guest house within a proposed single family home at
16251 Windpiper Road in the PRO (Planned Residential
Development) zone; and
WHEREAS, on April 5, 1988, the City Council held a duly
advertised public hearing to solicit comments from the public,
both pro and con, relative to this application,
NOW, THEREFORE, the City Council dO'es hereby resolve as
follows:
Section 1: Environmental Findings:
This project is C~tegorically Exempt Class 3 - a small struc-
ture, under the provisions of CEQA,
Section 2: Findinqs:
1, That the location, size, de~ign, and operating charac-
teristics of the proposed use w~ll be compatible with
and will not adversely affect or be materially detri_
mental to adjacent uses, residen~es, buildings, struc-
tures, or natural resources, in that the use is
accessory to and compatible with single family resi-
dential development.
2. That the harmony in scale, bulk, coverage" anddensi ty
is consistentwit:h adjacent uses, in that the guest
house is incorporated into the existing home, which is
similar in si ze to adj'acent development.
~, That there are available public facilities, services,
and utilities,
4, That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the subject lot
is very large and can accommodate the added square
footage,
5,
That the generation of traffic will not adversely
impact the surrounding streets and/or the City's
Circulation Element because the use remains single-
family only,
"EXHIBIT B"
.;f'
,'11.
f
[
'...
.
940
.:'
Resolution No. P-88-42
Page 2
6,
That the site ,is suitable for the type and intensity
of use or development which is proposed.
7, That there will not be significa~t harmful effects upon
environmental quality and natural resources,
8. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
9, That the location, size, design, and operating charac-
teristics of the proposed use and the conditions under'
which it would be operated or maintained will not be
detrimental to the public health, safety or welfare, or
materially injurious to properties car improvements in the
vicinity nor be contrary to the, ado"pted General Plan in
that public facilities including proposed sewer and water
are available to serv.e the project and the use is con-
sistent with the General Plan,
10, That the guest house is in compliance with each of the
applicable provisions of Ordinance 17,48 (conditional use
permit regula~ionsj,
Section 3: City Council Decision:
The Clty Council hereby approves Minor Conditional Use Permit
88-07 subject to the following conditions:
1. Wlthin 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
Notice of Restriction on Real Property.
.2. The appropriate Building Depar,tment approvals shall be
received prior to ihitiation of construction,
3. School impact fees at the rate of $1.50 per square foot
shail be paid at the time of building permit issuance,
4, The guest house will never be leased or rented as a
separate living unit and no kitchen shall ever be
installed,
5. This approval shall become null and void if building per-
mits are not issued by April 5, 1989,
"EXHIBIT B"
. ';.,1" .
r
,:0
.
, .,.
941
.-
Resolution No, P- 88-42
Page 3
APPROVED and ADOPTED by the City
State of California, this 5th day of
ATTEST:
'7110-4...-;
Marjor,ie\K,
I
\
Ie JbCvJJ~t4.
Wahlsten, City Clerk
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
Council of the City of Poway,
AP<~~j;:_Y.
~~~ - _1_____
#.- -;: ~,7.
_.-1<ob~rt C, Emery, _~-
I, Marjor ie K,. Wahlsten, City Clerk of the City of Poway, do
hereby certify, und~r the penalty of perjury, that the foregoing
Resolution, No,P-88-42 , was duly adopted by the City Council at a
meeting of said City Council held on the 5th day of April ,
1987, and that it was so adopted by the following vote:
NOES: NCliIE
AYES: BRANN
CN, HIGGlNs::N, KRUSE, TARZi, EMERY
ABSTAIN: NCNE
ABSENT: NCNE
R/R-4-5,27-29
"EXHIBIT Bn
)jl~~~ K' j)'[)[vtAt
Marjorie~, Wahlsten, City Clerk
,Ci ty of poway