Covenant Regarding Real Property 1988-172930
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CITY CLERK )
CITY OF KJilAY )
P.O. BOX 789 ) ti3
POWAY, CA 92064 )
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No Transfer Tax Due ) (This space for Recorder I s use) MG
COI1ENANT REXiARDIN3 REAL PROPERTY
Richard S. Gilbert ("CWNER" hereinafter) is the owner of real property
de.scri:!:>e9- in, Exhibit A which is attached hereto and made a part herebf
("PROPERTY" hereinafter). In consideration of the approval of Minor oevelop:nent
Review 88-12 by the City ofPoway ("CITY" hereinafter), OWNER 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.
OWNER agrees that CM'NER I 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 CWNER 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 reimbirrserrent of all
costs, including reasonable attorneys' fees, from the other 'party. The CITY may
assign to persons :irrq;>actedby the performance of this Covenant the right to
enforce this Covenant against CWNER.
Dated: ,~.[-. /:'7Y% A!~~/(~f Ai./~
OWNER
(Notarize)
Dated : Cf~ /1. /'i8Y CITY OF KJilAY
.
By ~ IA./)../ tJ~r --/~
(No need to No 'ze)
C:NOR-3-29.2
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, . oJ_ 1983
, lilr Tra(~enca Title Insurance( epany
-; THE LAND F:EFEF:F:ED TO HEF:EIN IS SITUATED IN THE STATE OF CALIFOF:NIA,
COUNTY OF SAN DIEGO, CITY OF POL>JAY, AND IS DESCRIBED AS FOLLOWS:
PAF:CEL A:
PARCEL 4 OF PARCEL MAP NO. 12661 , FILED APF:IL 8, 1983 AS
FILE NO.. 83-113202, BEING A DIVISION OF PARCEL 2 OF PARCEL
MAP NO. 9919.
PAF:CEL B:
AN EASEMENT AND F:IGHT qFWAY FOR ROAD AND UTILITY PUF:POSES,
TOGEl'HE,R WITH THE RIGHT TO GRAm TO OTHEF:S AND THE RIGHT
TO DEDICATE TO PUBLIC USE WITHOUT THE CONSENT OF THE FEE
TITLE OVJNER OVEF: ALL THOSE PORT IONS OF PAF:CELS 1 AND 4 OF
SAln PARCEL MAP 9919 SHOVJN IN SAID MAP AS "PROPOSED PF:I\JATE
F:OAD EASE~lENT."
PARCEL C:
AN EASEMENT AND RIGHT OF WAY .FOR ROAD AND UTILITY PUF:POSES
OVER ALL THAT PORTION OF THE~jORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 ~JEST, SAN
BEF:NARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY,
L Y I NG EASTERLY OF THE EASTERLY LI NE OF THE PI EF:MONT , ACCOF:DING
TO MAP THEREOF NO. 331, FILED IN THE OFFICE OF THE COUNTY
F:ECOF:DER OF SAN DIEGO COUNTY, MAY 27, 1887, AND NOF:THEF:L Y
OF THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT
I, BLOCK 11 OF SAID PIERMONT: AND THE NORTHERLY 300 FEET
OF THE WESTERLY 27 FEET OF THE NORTH ONE-HALF OF LOT 3 IN
SECTI ON 7, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, ~JH I CH
LIES SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NOF:THEAST CORNER OF THE ABO\JE DESCRIBED
PROPERTY; THENCE SOUTH ALONG THE EASTERLY LINE OF SAID LAND
A DISTANCE OF 235.00 FEET TO THE TRUE POINT OF BEGINNING
OF THIS EASEMENT, BE'ING ALSO A POINT ON THE ARC OF A NON-TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING A. RADIUS OF 180.00 FEET,
THE CENTER OF WHICH BEARS .NORTH 58 DEGREES WEST FROM SAID
POI NT ; THENCE SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF
SAID CURVE TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY
60.00 FEET OF THE ABOVE F:EFEF:ENCED PF:OPERTY LYING WITHIN
THE NOF:THEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
1~. THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHERLY
..:.~
60.00 FEET TO A POINT ON THE WEST LINE OF SAID LAND BEING
THE POINT OF TERMINATION.
PARCEL D:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PUF:POSES
EXHIBIT A PAGE 2 0067035C
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RESOLUTION NO. P- 88-34
r A RESOLUTION OF THE CITY COUNCIL
,OF THE CITY OF POI"I.AY, CALI_FORNIA
APPROVING MINOR DEVELOPMENT REVIEW 88-12
ASSESSOR'S PARCEL NUMBER 3~l-l80-80
WHEREAS, Minor Development Review 88-l'2, submitted by Gilbert,
applicant, request~ approval to construct ~ 3,034 square foot,
single-family residence for the property located at l3849 Adrian
Street in the RR-A and RR-C zones; and
WHEREAS, on March 29, 1988, the City Council held a hearing on
the above-referenced item.
"NOW, THEREFORE, the city Council does hereby resolve, as
follows:
Section l: Environmental Findings:
The construction of a single-family residence is exempt, Class 3,
under the provisions of CEQA.
Section 2: Findings~
[' l. That the proposed development is in conformance with the
, Poway General Plan in that the proposed use is single
family residential.
2. That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon <idjoining properties, in .that the roof line ,
construction method, building materials, and elevation~
will be compatible with surrounding properties.
3. That the proposed development is in compliance with the
Zoning Ordinance, in that it complies with the setbac~s"
height limit I and all other property, development standar!,!s,
,of the RR-A andRR-C zones. ' '
4. That the proposed develoPment encourages the orderly,and
harmonious appearance of structures, and property within
the City, in that surrounding properties are under the
same zonihg designation as the,subjedt lot and are to be
developed as single-family resldences similar to the pro-
posed project.
Section 3: City Council Decision:
tm.... The City Co~ncil hereby approvei Minor Development Review 88-l2
l-: subject to the following cohditions:
EXH rBn B
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Resolution No. P-88-34
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l. Wi.thin 30 days of approval the applicant shall, submit in
writing that all conditions of approval have been read and
understood and the property owner shall execute a Notice
of Restriction on Real Property..
2. The appropriate Building Department approvals shall be
received prior to initiation of construction.
3 . All applicable constructiori standards pertaining to pri-
vate driveways shall be met (Municipal Code Section
l7.08.ljJO.PJ to the satisfaction of the Directors of
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Public and Planning Services.
4. All manufactu.red s'lopes over five feet in height, shall .be
planted with ground cover, shrubs, and,trees, and main-
tained in a healthy growing condition in accordance with
Ordinance No. .77.
5. All new and existing utilities shall be undergrounded.
6. The following requirements must be complied with prior to
issuance of a building permit:
r a. The applicant shall post a $500 inspection deposit
with the City's Public Services Department. Said
deposit is to be used to pay for City Inspector's
time in making necessary inspections of the project
site that are required prior to issuance of a
Certificate of Occupancy.
b. The site was graded per City approved grading plan
Gl73-84. Any modification to the approved grading
which will result in the movement of more than 50
cubic yards requires a grading permit to be obtained
prior to start of the grading operation. An addi-
tional inspection deposit may .be required.
7. The. following development fees shall be paid prior to
issuance of building permits:
Park Fee $ 798
Water Meter lOa
Water eonnection Fee 315
8. Roof covering shall meet Class A fiie retardant testing as
specified in the Uniform Building Standards No. 32-7 for
r fire retardant roof covering materials, per City of poway
Ordinance No. 64.
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Resolution No. P-gS-34
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9. Approved numbers or addresses shall be placed on.the
building in such a position as to be plainly visible and
legible from the street fronting the property. Said num-
bers shall 60ntrast with their background. Address may be
required at private driveway entrances.
lO. Each chimney used in conjunction with any fireplace shall
be maintained with a spark arrester.
l1. This approval shall become null and void if building per-
mits are not issued by March 29, 1989.
l2,. S,cho.o,l fe~s shall be paid at time of building permit,
iss,uance ,at $1.50 per square foot.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, th'is 29 th day of March 1988.
[ ATTEST:
Jl\~k~ k ;:>UO-v,t...-
Marjorie, K. Wahlsten, City Clerk
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Resolution No. P-88-34
[ page 4
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 perjur~, that the foregoing
Resolution, No. P-88-34 , was duly adopted by the City Council at
a. meeting of said City Council held 'on the 29.th day of March ,
1988, and that it was so adopted by the following vote:
AYES: BRANNON, HIGGINSON, KRUSE, TARZY , EMERY
NOES: None
ABSTAIN: None
ABSENT: None
, lJ \(,lu\L k' J U~ts.-
Marjor~ie K. Wahlsten, City Clerk
City of poway
R/R~3-29.l7-20
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/." V~ 1988
,', GEt-.'ERAL ACKNOWLEDGMENT. .
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:~~*'''State'of t",:\i..(.,,'-Y\i"'- "Onthisthe'Zt1- day of A,PVi\ 1981s',beforeme,*
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0; * the undersign d Notary Publ ic, personally appeared *
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.~, *, 'j;": OffiCIAL SEAL ~ proved to mean the basis of sati~factory evidence *
::.( '-:-::!.\:" MARJORIE K, WAHLSTEN
" *, ~<i~~~\~ NOTARY PUBLlC.CAlIfORNIA to be the person Cz1 whose name (z) t S subscri bed *
'., * c.;i..p PlINOIAL OfflCf IN to the within instrument, and acknowledged that he *
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.~~ * " ..,. My Comm. lloires.Aug~sf,3, '.988 . , executed it. *
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j PARTNERSHIP ACKNOWLEDGMENT
, ~~.* ~ ~ * * * * * * ~ * * * * * * * * * * * * *. * * * *. * * * * * * * * * * * * * * * * * * *
* State of On this the _ day of 19 ___, before me, *
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... .~ * [] proved to me on the basis of satisfactory evidence *
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,.:. * on b'eha 1 f of the partnershi p, and acknowl edged to me that *
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* WITNESS my hand and official seal. *
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CORPORATE ACKNOWLEDGMENT
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* State :of On this the _____ day of 19 , before me', *
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* County of ) *
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* the undersigned Notary Public, personally appeared *
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,. [] proved to me on the basis of satisfactory evidence to
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" * be the person(s) who' executed the within instrument as *
* or on behalf of the corporation *
* 'therein named, and acknowledged to me that the corporation ..
* executed it. *
.: * WITN(SS, my hand and offi c'ial seal. *
* *
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