Covenant Regarding Real Property 1990-0671746
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1342
Dor.,= 1990-0671746
1~-OEC-1990 08:45 AM
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CITY OF POWAY
SAN DIEGO COUNTY RECORDER'S OFFICE
VERA L. LYLE, COUNTY RECOROER
RF: 1.00 FEES: 17,00
HF= 7.00
MF: 1.00
REC0RDING ;REQUEST BY:'
-WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
,NO Transfer Tax Due
(This space for 'Recorder I s Use)
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COVENANT REGARDING REAL PROPERTY
Larry J. Gerhard, a married man as sole and separate property
("OWNER" hereinafter) is the owner of real property described in
Exhibit A which is attacheq hereto and made a, part hereof and which
is commonly known as Assessor's Parcel Number 275-260-37
("PROPERTY" hereinafter). In consideration of the approval of
Minor Conditional Use Permit 90-01 by the, City of poway ("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.
In the event that Minor Conditional Use Permit 90-01 expires
or is rescinded by City Council at the request of the OWNER, CITY
shall expunge this Covenant from the recqrd title of the PROPERTY.
If either party is required to incur costs to enforce the
provisions of this Covenant, the preva"iling party shall be entitled
to full reimbursement of all costs, includiilgreasonable attorneys'
fees, 'from the other party. The CITY may assign to persons
impacted 'by the performance of this Covenant the right to enforce
this Covenant against OWNER,
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Dated: Y~~I99D
Dated:
CITY OF POWAY
By
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ALTA PLlI.Ilf lANGUAGE POLICY
EXHIBIT -1-
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ORDER NO. 1006720-8
LOT 22 OF CITY OF POWAY TRACT NO. 85-03TE, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 12331, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 7, 1989.
PAGE 4
IEN~I\':",L ~:I.C'KNOWLEDGMENT
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, , Svlvia L. Reesor
, <.. 'I; NOtARV PUBllC.CALlFOflHIA
\ "... PRINCIPAl OFFICE IN
... ~' $AN DIEGO COUNTY
M~ ,Commissicn,bpires Feb. 19. 1994
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Oh.i s the 4- tlJ day of f).CO/I.))i~ 19 CJ 0, before
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fie, personally appeared
ill persona lly known to me
'~ ptoved to me on the' basis of satisfactory evidence
to b-e the person(s) whose name( S~~11g'~ '.if <-~scribed
to the within instrument, and ac owl dged that .
executed it.
WITNESS my hand sea I .
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PARTNERSHIP ACKNOWLEDGMENT
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. State of
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On this the
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before.me, *
the undersigned Notary Pub] ie, persona I Iy appeared
o persona 11y known to me
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"s Signature
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.on ,th is the day of 19 before me; ·
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CORPORATE. ACKNOWLEDGMENT
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. State of
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the undersigned Notary Public, personally appeared'
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o proved to. me on the basis of satisfactory evidenc.e
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.
WITNESS my hand and official seal.
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Notary's Signature ·
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1345.
RESOLUTION NO. P-90-86
A RESOLUTION, OF THE CIry COp~CIL
, OF THE CITY OF POWAY"cAr;'i,PORNIA
APPRbVI~G MINOR CONDITIONAL USE PERMIT 90-01
ASSESSOR'S PARCEL NUMBER 275-260-37
WH)!:REAS, Minor Conditional Use Permit,. 9,0-01, submitted by
.Larry Gerhard, appl:i,cant.,requests approval to add lights to a
previous;Ly approved tennis court located at 13451 Summit Circle in
the RR-B zone; and
WHEREAS, ,on November 13, 1990, the CityCounc'il held a hearing
on the above-referenced item,
NOW, THEREFORE, the City CounciJ does hereby resolve as
follows:
Section 1: Environmental Findinqs:
The City Council fi,nds. that this proj,ect is categorically
exempt (Class 3) from the California Environmental Quality Act
(CEQA) .
Section 2:Findfhq~:
1. That the proposed d~velopment is in' conformance with the
poway General plan in that a lighted recreational court
is an accessory us.e for a single-family residence in a
rural residential zone and the' General Plan designation
is RR-B.
2. That the proposed development will not have an .adverse
aesthet.ic, he(llt"I1' safety, or architecturally related
impact upon adjoining propertiesi, in that the landscape
installation, lightirig design and ,court materials, will
allow the court :to be compatible with and screened from
surrounding properties.
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3, That the prop'osed developm!,!ht is In compliance w"ith the
Zoning Ordinance, in tha:t it complies with the setbacks,
fence height limit, lighting standards , and all other
property development standards :o'fthe RR-B zone.
4. That the proposed development encourages the orderly and
harmoni.ous appearance of structures and property withih
the, City, in that all surrounding properties are under
the'sar.ne z6ning desfgnation as the subj ect lot and are to
be developed as single-family residences.
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Resolution No, P-90-86
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Secti!onc j:, City Council 'Decision:
The City Council hereby approves Minor Conditional Use Permit
90-'01 subject to the following conditions:
1. Within 30 days of approval (1) The Applicant shall submit
in writing ,that all; conditions of apprpval have been read
and under~tood; and (2) the property owner shall execute
a Covenant on Real Property.
2. Th13 use c"onditionally granted by thl!s, permit shall not be,
conducted in such a manner as to ,interfere with the
reasonable' use and: enjoyment of 'sutr'Qundin'g residential
uses.
APPLICANT SHALL CONTACT' THE DEPARTMENT OF' pLANNING SERV'rCES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1.
Site shall be developed in accordance ,with the approved site
plans on file in tpe Planning ServiCes Department and the
conditions Conta1ned herein.
2,
Approval of this request shall not waiye compliance with all
sections of the Zoning Development Code 'and all other
applicable c;ity, Ordinances in effect at the time of building
permit issuance.
3 .
The ' appropriate
footings. shall
construction.
Building Department approvals for fence
be received prior 'to the initiation of
4. A landscape and irrigation plan for the area between the fence
and propet.ty line ,shall be submitted to the City for review
and approval prior to issuance of a bufclding permit.
Installation of all s.lPP13plant.l;Q9 an(:l ir~rigation sh!:lll ,occ."ir
'ptior to finalinspectton by the Buflding Services Department'.
5. All new and existing utilities shall be' underground prior t'ci
final inspection by the Planning Department.
6, The court surface must be designed, painted, and/or textured
to reduce the reflection from lighting to the satisfaction of
the Dtrector of Planning Services,
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-, . A maximum of eight lights shall be permitted of ahei,ght not
to exceed 22 feet. All lights and light fix'tures shall be
certified by a qualified lighting engineer to:
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Resolution No. P-90-86
page 3
a.
Be ,designed, constructed, mounted, 'aIldmaintained such
that, the Ifghtsource is cutoff when viewed from any
point above five feet measured outside the lot at the lot
line,
b. Be designed, con~tructed, mount~di qnd maintained such
that the maxim1,l,m J"llumination intensity measured at the
wall of any residential building all abutting property
shall not ^exceed, one-half foot candle above ambient
levels.
c. Said certification shall be prov.ided to the Planning
Services Department prior to the issuance of a grading
plan.
8. Hours of operati6~ for court lights shall be restricted' to the
period between7~bO a.m. and 10:00 p.m,
9. The minor conditional use permit shall, E!xpire on November 13,
1992 if building permits are not issued for this project.
10. If the 'use of the court negativelY impacts surrounding
, properties, the City CouIlcil may reconsider this minor
'conditional use 'p'ermit' and amend the' condftions as it sees fit
,or require removal of the lights.
ApPROVED and ADOPTED by 'the City Council of the City of poway,
State of California, this 13th day of November 1990.
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Don Higginso Mayor
ATTEST:
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Marjorie\K. Wahlsten,City Clerk
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Resolution No . P-90-86
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, 'sTATE OF c:ALHORNIA
SS.
COUNTY OF SAN DIEGO
I, Marjorie K. Wahisten, City Clerk of the City of Poway, do-
hereby' certify, under the penalty of perjury., that the foregoing
Resolution, No. P-gO-86 , was duly adopted by the City Council
at a m~eeting of said City ,Council held on the nth day of _
November , 1990, and that it was so adopted by the following
vote:
AYES: BRANNON, EMERY, GOLDSMITH, KRUSE, H IGG INSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
REPORT\MCUP9001.RES
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Marjorie\K. Wahlsten, City Clerk
City of poway
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