Covenant Regarding Real Property 1991-0158424
'. ..,.V;.. .1oi ~ '.'''' i. DOC.,: 1991-0158424
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2199, 09-APR-1991 08: 18 AM
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RECORDING REQUES'T BY.: ) SAN .DIEGO COUNTY RECORDER'S OFFiCE
AHNETTE [IJAMS.. COUNT('RECO~:D[R
) RF: 8.00 FEES: 15.00
CITY OF POWAY Y AF: 6.00
) MF: 1. 00
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY ) <::1.
P.O. BOX 789 )
POWAY, CA 92064 ) Ii
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'No Transfer Tax Due ) (This space for Recorder's 'Use) \ii\
COVENANT REGARDING REAL PROPERTY
LeROy C. Marten and Fran, Marten, husband and Nife as j,oint
:tenants ("OWNER" hereinafter) is the owner of real property
descrj,bed in Exhibit A, which isatta.chedhere,to and. mp.,Jeapart
'hereof.ahd which is, commonly ,known 'as Asse:ss;or' sparcel 'Number 314,-
802-02'( "PROPERTY" hereinafter). In 'cons~iderationo'f the approval
,of Variance 90-l2 arid, Minor .DevelopmeiftR'ev.iew90-79 by the City
,of, poway ("CITY" hereinafter), OWNER hereby covenantsahd a~frees
for the benefit of thecrty, to abide by conditions of the att'ached
resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and
inure to the benefit of the future ow,ners, encumbrancers,
succ.essors, heirs, personal representatiyes, trans,ferees and
assigns of the respective part~es. .
In the everit that Variance 90-l2 and Minor Development Review
90-79 expires or is l7e:3'cinded by City Couri'cn a't thereq'uest, of the
OWNER, CITY shall expunge this Covenant from the record title of
the PROPERTY.
If either party is required to incur costs to enforce the
provisions of this Covenant, the prevaUing pa,rty shall be entitled
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:to_ full reimbursement of alLcosts.includ,ina reasonable attornevs' -
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tees, fro.m the other pa.rty. T,heCITYm31yC\ss'i:gn:to persons
iiT1pact;ed by the performance of this, Covenant the l7:i!ght to enforce
this Covenant against OWNER. '
Dated: ]; /;L-/~I ~t\
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I I o~:~a~~M~U
.Dated: 3/;(2/9/
OWNER (Notarize)
Dated: ':t~'JA7 d{" /19,. CITY OF POWAY
By '2-l~. / tJ~ -(f~
{No' need to 'tarize
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"' 1', , tt! 2200
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JHE LAND REFERRED TO HEREIN rs SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DrEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 234 OF CITY OF POWAY TRACT 4191-3BR, -IN THE CITY OF POWAY,
COUNTY OF 'SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
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12082, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MAY 27, 1988.
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AMENDED 1185135 PAGE 6
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* State of JJ.JIJ-?hln~_ On this the !!l!!:.day of )rj~ 19~, before rre, *
* , U )55. k~ IWarA e'-- N, JYh *
* CoUnty of kiJ )'. rfrz1 .' , BPI ( f-ran . a "eM, , *
* ' the uii.ders~gned Notary Public, persOnally appeared *
* *
* , *
* *
* 0 personally,known to me *
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, :B1 proved to me on the basis of satisfactory evidence
* -~ -.- ,~ - - - / *
. . - - ..- -
. :'",::' ....,.
.-:-::: ~- - to be the person(s) whose nalTe(S) .?I./1.L subscribed *
* \(~?-;{~~t~;:: c to the within instrument, and acknowledged that7:trIl--tA *
*' ~ J *
*, *
! ............~-.,..........-.... WI " . my han~ficial seal. *
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...- _ . lNo_~r:fS, ,Sigr19.t,ure ..
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PAR'INERSEIP ~,
':,* . ~ .. * ~ * * * * * * * * * * ~. ~ * *.* * * * * * * * . * * ~ * * * * * * * * * * * * * * ~
*.' .State' of On this ,'the day of 19 ___" before me,. *
,* ) SS. '"
* County of ) , *
* the undersigned Notary Public, personally appeared *
* *
* , *
. *
* 0 personally known to llle *
. *
* o proved to me .on the basis of satisfactory evidence *
. ,to be the person's) who executed the within instrument .
* on behalf of the partnership, and acknowledged: to me, that *
* the partnership executed it. *
* WITNESS my hand and official seal. .'
* *
. *
* NOtary I s Signature .
* * * * * ** * * * * * * * .* * * .* ,* * * * * * * * * * * * * * * * * * . * * . * * * .. * * * ~
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*_'. . '. *i~ .. * .'.. .". * * * ~ * *,~ * * . * * * * * * * . * * . * .. . * . * * * * . * * . ~ *
.' State pf On this the day of 19 ___, before me, .
* ) 55. *
* CountY of ) *
,
* the undersigned Notary PUblic, personally appeared *
* *
~ , *
* *
* 0 personally known to me *
* *
* g proved tome on the basis of satisfactory evidence to *
* the person(s) ,who executed the withininst..rument as *
* or on behalf of the corporation .
* therein narred, arid acknowledged to me that the corporation *
* , executed it. *
* WrWE8S my hand and official seal. *
* .
* '*
* Notary's Signature !'
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(6/84)
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220,2
RESOLUTION NO. P- 91-16
G: A R:ESOLUTION OF THE CITY COUNCIL
' OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 90.-1.2 ,AND :
MINOR DEVELOPMENT REYIEW 90~79
ASSESSOR'S PARCEL NUMBER 314-802-02
WHEREAS, Variance 9,0-12 and Minot Development Review 90-79"
submitted by Leroy C,: Marten ;-applicant, reque~,ts approval to allow
a seven root encroachment of a tennis court fence into the reqUired
front yard setback at l3959 Arbolitos Drive in the PC (planned
Community) zone; and !
WHEREAS, on February 26, 1991, the City Council held a duly
advertised public hearing to solicit comments from the public, both
pro and con, relative to this application.
~ Section' l: Environmental Findinqs:
The c~ty Council finds that Variance 90-l2 and Minor
DevelopJ!1entReview, '90-79 are exempt: from the provisions of the
California Ehvironmental Quality Act, Categorical Exemption
Class 5, as it is a ,minor alteration to land use limitations,
( Section, 2: Findinqs:
l. That there are special circumstances applicable ,to the
property, and ,because of this, 'the strict application of
' the zoning development ordinance depiives the prop!=rty of
privileges enjoyed by other properties in the vicinity
under identical zoning classification.
The property is "L" shaped in configuration and slightly
irregular in width wi thin the area proposed for the
tennis court.
2. Tha,t granting the variance ori:ts modification is
necessa-rYfor the pr,eserva,t'ion imd enjoyment of a
subst~ntialproperty right possessed by othe~ property
in the same vicinity and zbh~ for which the variance is
sought. -"
Two other Palisades properties contain tennis courts, and
a varianc~ from required front yard setback was granted
to one 'of the two.
3. That granting the variance or its modification wiill not
be materially detrimental to the public health, ~afety,
o.r ,welfare, or \injurious to the property or improvements
in 'such vicinity and zone in which the property is
~, located.
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r- 220;tsolUtion No. P-91-16
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4. The, granting of this variance does not constitute a
special privilege inconsistent with the limitation upon
either properties in the vicinity.and zone in which such
p'rop'erty is situated in that the any lot within, the
Palisades project area which contains adequate yard space
maY,construct a tennis court.
5. The grantingof-this- variance does not allow a ;use or
activity which ,is n'ot otherwis,? ,expressly authorized by
zoning regulations governing the parcel of property, in
that tennis courts are considered a permitted accessory
structure in any -residential zone.
6. That the granting of the variance or its modification
will not be incompatible with the poway General Plan in
that the site is designated for single,-family development
and' related accessory uses.
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Section 3: 'City Council ,Decision:
The City Council heteby ~pproves Variance 90-12 and ,Minor
Development Review 90-79 subject to the following conditions:
r, 1 "-_c. J,!ij;h;in30 days. of approval (1) The .apPlicant shall' sUbml.' t
\.. in writing thCjt all conditions of approval ha,ve been read
.. and understood; and (2) the property owner shall execute,
,a Covenant on Real Property.
2. The use conditionally granted by this permit shall not be
conducted in such, a manner as to interfere with the
reasonable use and enjoyment of surrounding residential
and semi public uses.
APPLICANT SHALL, CONTACT' THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The's'ite shall 'be developed in' 'accordance with the approved
site ~lan and elevations on file in the Planning Services
Department.
2. The appropriate Building Department approvals shall be
received prior to initiation of construction.
3. Wind screening shall be allowed for the tennis court fencing.
4. Drought tolerant landscaping shall be installed along the
front perimeter of the court, so as to screen views of the
court. The landsc,ape plan shall be s,ubmitted to the Planning
Services Department for approv'al prior to building permit
l ' issuance. Trees shall be installed along the east side.
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Resolution No" 1'-91-16
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- I', A four to six foot high stucco wall sh,?ll be installed along
5.
. the' Arbolitos prive frontage for t)1e tennis court to the
t~ .. ,satisfaction of the Director of Elanning Services.
6,. This,'per'mit shall become null arid void, on ,February 26, 1993 ,if
building permits have not been issued.
APPLIcANT SHALL CONTAcT --'THE' DEPARTMENT OF ENGnmERING SERVICES
REGARDING CClMPLIANCEwr'rHTHE FOLLOWINGCONDITIClNS:
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'l'.,' The site 'sha.ll be graded in compliance with a City approv,ed
gra-dirig plan and permit if the project' wiIl require the
movement Of more that 50 cubic yards ,of soil or a change in
grade of more that one foot elevation,.,
.. APPROVED and ADOPTED by the. .City Council of the City of POway,
. State' o'fCallfor'n1'a', thIs 26th day of February, 1991.
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Mayor
C ATTEST:
City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I; Mafjorie K. Wahlsten, City Clerk of the Cityof,Poway, do
hereby certify" under the penalty of perj\lr.y, that the, foregoing
Resoluti6r:' No, P~91-16 ,wasduly' -adopt,ed b~ the ,qty C9uncil
ata meebng of, sald Cl ty Counctlheld on the 6th. day of _
February; 1991, and that it was so ,adopted by the following
vote.:
AYES: EMERY, HIGGINSON, MCINT;YRE, SNESKO, GOLDSMITH
NOES: NONE
l. ABST If IN: : NONE
ABSENT: NONE ';nc--~~K ')01010) k
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MiJ.rJOLI:e,JK. Wal1lsten, Clty Clerk