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Covenant Regarding Real Property 1991-0158424 '. ..,.V;.. .1oi ~ '.'''' i. DOC.,: 1991-0158424 .. '" . .' 2199, 09-APR-1991 08: 18 AM , 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 " ) '\ '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 . ' - ,- :to_ full reimbursement of alLcosts.includ,ina reasonable attornevs' - . _, .' ~_.o '. 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\ -----, " ., 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 -" ," ;; ., :.~"'."11 lu_un II a "'0:;;" 1I,,;:,unI-\I'U_1:: . "' 1', , tt! 2200 .' " - - " 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. , - 12082, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 1988. - I , i AMENDED 1185135 PAGE 6 -~' " ~ ~ 0 i . ~'~~"'f( ,*, '~;:.,,",: .... /It *" '* *' ,It' '!t it" ,'I#' 'lit" * '* '*. ~ :t". It' .. * ,It", *" .. .... _ *.. * * * * .. * * .. * * '* * * * 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 * . ,- . , :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. * * * ...- _ . lNo_~r:fS, ,Sigr19.t,ure .. ,. * ~.* .. ~,'*, * .". * * * * * * * *'~ ,* * * * * ~ ~ * * * * * * * * * * * * * * * * ~ ~ * * * * . - - - - 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 . * * * * * ** * * * * * * * .* * * .* ,* * * * * * * * * * * * * * * * * * . * * . * * * .. * * * ~ ~.~ *_'. . '. *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 !' . .' * .. .. * .. .. .. .. * .. * . * .. . .. .. '. .* .. * .. * . * .. * * .. .. . * .. * .. .. * .. * .. * * .. :*. .. '. . . J . (6/84) . ." . . 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. '," . . "." ~" r- 220;tsolUtion No. P-91-16 ~~ ' Page 2 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. . -..- -.. .." . "0' 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. ,. ~.' . . !. .' 2:204 Resolution No" 1'-91-16 (;, page 3 ~! - 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: - " , '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. (. " , 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 - MiJ.rJOLI:e,JK. Wal1lsten, Clty Clerk