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Covenant Regarding Real Property 1988-172930 ,'~ . ,-11~ ' v - 1982 8 8 .7;:,t19"3,O " .- -. [~'.'~;Hd{tr;.nY;~~L'!N "--1 I' ;:;J r H:l:.-~, i;{.(~n!~::t~; I I (1:"''\-\ .~'~':V'~'(f"T!l" '.' r ~ REX::ORDING IID;)UEST BY: ) " ~j''':rt'fiS;J'''p'-~ \,,11 I. .'\., ) .,J. '0:100:' 'y' !"R3 po I 4 PIl 2: hO CITY OF KJilAY ) "':"". lit ) ~'l::f'''' L, L ILL ' WHEN RECORDED MAIL TO: ) COU1r1"{ f"~:~(}I~!lr'~}. i H', \LLJ'~ ~.~,.h . ) ---' CITY CLERK ) CITY OF KJilAY ) P.O. BOX 789 ) ti3 POWAY, CA 92064 ) ) AR 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 - -, - , . 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 .... .. ;;-1' 1- /' ." - 1984 . '7 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 ~;.' r . 1985 . ,.. ~ Jv 'I. ... , Resolution No. P-88-34 r Page 2 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 . 0 _ .0 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. "0-.. - . . II " 1986 " "" , , Resolution No. P-gS-34 r Page 3 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 '-/ " . l .., ;- 1987 . v - . '" " 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 - - - - [.,...... l ...... . /." V~ 1988 ,', GEt-.'ERAL ACKNOWLEDGMENT. . ,~ * ~ ~ .:'* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * :~~*'''State'of t",:\i..(.,,'-Y\i"'- "Onthisthe'Zt1- day of A,PVi\ 1981s',beforeme,* ,.' * ) SS * t.' . . ;;1 * County of "Sov-, l)\e~ 0) fV\c.." 'Jfi e -k', W,,-vd<;. -t e.- , * 0; * the undersign d Notary Publ ic, personally appeared * I,";::' * * ....i 'Kic.:k...<{ <;, Gol be..rt "t * * , ".' * * ,1.. ~" 0 * personally known to me * ,." * "'^""'^..........,' ..,., . ........^y"y,~ * .~, *, '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 * -;- ~ .... ,SAN DlfGO COUNTY :. .~~ * " ..,. My Comm. lloires.Aug~sf,3, '.988 . , executed it. * - *. ............J....~v..tI"^Vi'......~....'~ . .." . WITNESS my hand and official seal. * .'~ \:. * * "., K "lV tu>>-t:..- ' ri * - * ';,:~ * Notary's Signa ure * -J ;:'., * * * * * * * * * * * * * * -* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * j PARTNERSHIP ACKNOWLEDGMENT , ~~.* ~ ~ * * * * * * ~ * * * * * * * * * * * * *. * * * *. * * * * * * * * * * * * * * * * * * * * State of On this the _ day of 19 ___, before me, * . - * ,) S5. * . *. County of ) * , '. * the undersigned Notary Public, personally appeared * .:! * * ,,;.. * * , :. * * * 0 personally known to me * .~ * * .. ... .~ * [] proved to me on the basis of satisfactory evidence * * to be the person(s) who executed the within instrument * ,.:. * on b'eha 1 f of the partnershi p, and acknowl edged to me that * ,. * the partnership executed it. * * WITNESS my hand and official seal. * * * " * * ", ~;!~ * Notary's Signature ,* ;'~ '. * *.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *.* * * * * * * * * * CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * .* * * * * * * * * * * * * * * * * * * ** * * * * * * * State :of On this the _____ day of 19 , before me', * --- * ) SS. * * County of ) * , * the undersigned Notary Public, personally appeared * * * * .. , * .. ~i:i * 0 personally known to me * ,:.. * .. ,. [] proved to me on the basis of satisfactory evidence to * .. " * 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. * * * . :~ * * .-:.1 * Notary's Signature * " -1 * * * * * * * * * ... * .... * * .... ."" "" "" .... ..... .... ..... + .... .... .... ..... ...... + .... """ """ .... .... .... """ .... .... ... .... ... ..... ... ... ... ". . ....~., ,,_....."'....a....~... . . '- -. ~ _ ... . _........._. _'.'0 .'. .--... -...,.,.......,. ..",....,.._,. -.'- - .... . .'. .~ ..- .-- .