Covenant Regarding Real Property 1988-223507
,~
~ 'i;;-.~ .,
~ .-,
..
.
. "
775
&''3'
.__ 2 2 3 50 7
I fw.1:!C.CC.f'[.:E:[jIN --'I
, '.'~ I !c:,,, ....: "rr\L"
I Lj< ':.!~ :;F;;;o':;Gtjs/::.~,..._
I
RECORDING REJ;;lUEST BY:
CITY OF 'fICNVAY
IDCB " v
,,,ij l'lI~t 12 iii., 9: 25
WHEN RECORDED MAIL 'ID:
G\/f~r(:\ L. L'r'Li.:: !
COlJld '/ '''' ~"'nf>I'" )
.., . '>c."'... hJ...:h
CITY a.ERK
CITY OF 'fICNVAY
P.O. OOX 789
'fICNVAY, CA 92064
, No Transfer Tax Due
(This space for Recorder's use)
m'"
RF
R
MG ,
<nvENANI' REXi!\RDIN;; RFAL PROPERTY
J. John ZandeJ;'son and Anne L. Zanderson ("a-INER" hereinafter) is the owner
of real property described in Exhibit A which is attached hereto and made a part
hereof and which is corrrronly known as Parcell of Parcel Map 13357 in the City
of Poway ("PROPERTY" hereinafter). In consideration of the approval of Minor
Condi tional Use penni t 88-06 by the City of Poway ("CITY" hereinafter), CWNER
hereby covenants and agrees for the benefit 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, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
CWNER agrees that CWNER' s duties and obligations under this Covenant are a
lien upon the property. Upon notice 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.
~r( If either party is required to incur costs to enforce the proVlslOns of this
r Covenant, the prevailing party shall be entitled to full reimbursement of all
~ costs, including reasonable attorneys I fees, from the other party. The CITY may
assign to persons impacted by the perfonnance of this Covenant the right to
enforce this Covenant against CWNER.
Dated:
Hay 5. 1988
~."J
Dated:
H:C-4-26.l
By ~ l<)~ -~
(No need to Nota ze) ,
,.
.
.
.'
STATE OF CALIFO~O}~f.':" :
COUNTY OF ~ ~--T:J
776
55..
.
L
On this :iu day of c::rr~ ' in the year /qgg , before me
~ ;a ,C:::Y;Z-~ , a Notary Public in and for said State,
personally appeared ~ \I- ~_ ~~!I.-... personally known to me
(or proved to me on t e bas~s of sat~sfactory ev~dence) to be the person(s)
.'
whose name (s)
acknowledged that
ClA.k
,~~,
subscribed to this instrument, and
execut-ed it.
~.
Signature
~ ;3~-<<~
OFI-IClt,l SEAL
SUS,~,I'I t}, MISSiCO
r~Ol ';~~~/~~:l-~~r:':-~,~;~F;-:~;;:{ .1,\
!j,\N 8:['(;0 CC-:.JH1'(
r.~y COlllmlsf::on t:AP, Ap1I113. 1992
.
.:1
WITNESS my hand and official seal..
(\.
'.--.ULE A PAGE NO, 2 ORD~--.. 118595-01
LEGAL DESCRIPTION
...,..,., ~-~. ~-':' .
" :
v 777
PARCEL A:
PARCEL 1 OF PARCEL MAP NO. 13357, IN THE ~ITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FI,LED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO ~OUNTY, JULY 5, 1984 AS FI~E/PAGE NO. 84-253488 OF OFFICIAL
RECORDS.
RE?ERVING THEREFROM AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PUR-
POSES OVER, UNDER, ALONG, AND ACROSS THOSE PORTIONS THEREOF, LYING WI-THIN
THE AREA ,'O,ELINEATED AND DESIGNATED THEREON AS "PORTION OF DEL PONIEf.{rEROAD
DEDICATED HEREON."
PARCEL B:
,AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITIES OVER, UNDER, ALONG AND
ACROSS'THOSE PORTIONS OF SAID PARCEL MAP NO. 13357, LYING WITHIN THE AREA .
DELINEATED ,AND DESIGNATED THEREON AS "PORTION OF DEL PONIENTE ROAD DEDI:'"
CATEDHEREON."
EXCEPTING THAT PORTION, LYING WITHIN SAID PARCEL "A" ABOVE.
PARCEL C:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITIES OVER, UNDER, ALONG AND
ACROSS THOSE PORTIONS OF PARCEL MAP NO. 5883, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED,IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 5, 1977 AS FILE/PAGE NO. 77-171043 OF
OFFICIAL RECORDS. LYING WITHIN THE AREA DELINEATED AND DESIGNATED THEREON
AS "PROPOSED 60' PRIVATE ROAD EASEMENT."
EXCEPTING THOSE PORTIONS LYING WITHIN SAID PARCELS "A" AND "B" ABOVE.
:J.
j
......'<'-
,.t
Ie ,'"
r
.. v
.
778
RESOLUTION NO. P-88-56
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 88-06
ASSESSOR'S PARCEL NUMBER 314-031-28
WHEREAS, Minor Conditional Use Permit 88-06, submitted by
John and Ann Zanderson, applicants, request approval to
construct a 576 square foot guest house for a single family
home at 13357 Del poniente Road in the RR-B (Rural Residential
B) and RR-A (Rural Residential A) zones; and
WHEREAS, on April 26, 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 does hereby resolve as
follows:
Section 1: Findinqs:
1. That the location, size, design, and operating charac-
teristics of the proposed use will be compatible with
and will not adversely affect or be materially detri-
mental to adjacent uses, residents, buildings, struc-
tures, or nAtural resources, in, that the use is
accessory to and compatible with sfhgle family resi-
dential development.
2. That the scale, bulk, coverage, and density of the
project is consistent with ad'jacent uses, in that as
an accessory structure, the guest house is small in
proportion to the existing home. The proposed archi-
tectural design and finish materials match the house.
3. 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.
6. That the site is suitable for the type and intensity
of use or development which is proposed.
,-~
.
779
.
,
r
Resolution No. P- 88-56
Page 2
7.
That there will not be significant harmful effects upon
environmental quality and natural resources due to the
small size of the proposed structure.
8. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
9. That the impacts associated with the proposed location,
size, design, and operating characteristics of the pro-
posed use and the conditions under which it would be
operated or maintained will not be detrimenta~ to the
public health, safety or welfare, or materially injurious
to properties or improvements in the vicinity nor be
contrary to the adopted General plan in that public faci-
lities including proposed sewer and water are available to
serve the project and the use is consistent 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 regulations).
l
Section 2: Environmental Findings:
This project is Categorically Exempt under the provisions of
CEQA (Class 3) because it is a small structure.
Section 3: City Council Decision:
The City Council hereby approves Minor Conditional Use Permit
88-06 subject to the following conditions:
1. Within 30 days of approval: (11 The applicant shall sub-
mit in writing that all conditions of approval have been
read and understood; and (2) the property owner shall exe-
cute a Notice of Restriction on Real Property, which states
that the guest house will never be leased or rented as a
separate living unit and no kitchen shall ever be
installed.
2. The appropriate Building Department approvals shall be
received prior to initiation of construction.
3. School impact fees at the rate of $1.50 per square foot
shall be paid at the time of building permit issuance.
4. The applicant shall submit a revised floor plan prior to
issuance of building permits. The revised plan shall not
include a full kitchen.
r
l
.--,.., . -.. '
."
.
780
Resolution No. P-88-56
Page 3
5.
This approval shall become null ana void if building per-
mits are not issued by April 26, 1989.
APPROVED and ADOPTED by the City Council of the city of Poway,
State of California, this 26th day of April, 1988.
~~$~
Robert C. Emery, M~~
ATTEST:
Malf~efCclerk
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, ,No. P-88-5,6 was duly adopted by the City Council at a
meeting of ?aid City Council held on the 26tlday of April
1988, and that it was so adopted by the following vote:
AYES:
BRANNON, HIGGINSON, KRUSE, TAR ZY, EMERY
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
Ma~~e~ Clerk
city of poway
R/R-4-;26.7-9