Covenant Regarding Real Property 1990-0643708
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RECORDING REQUEST BY:
CITY OF POWAY
9..22
DOC.. 1990-0643708
0~C-1990 09:46 AM
SAN DIEGO COUNTY RECORDER'S OFFICE
,VERA L. LYLE; COUNTY RECORDER
RF: 12.00 FEES: 23. 00
'AF: 10.00
, MF: 1.00
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WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Donald W. Breihan and Louticia L. Breihan, husband and wife,
as community property as to an undivided one half interest and
Donald q. Breih?n and Carolyn A, Breihan, husband and wife, as
community property as to an undivided one half i'nterest ("OWNER"
hereinafter) is the owner of real property described in Exhibit A
which is attached hereto and made a part hereof and which is
commonly known as Assessor's Parcel Number 317-480-06 ('!PROfiERTY"
hereinafter). In consideration of the approval of Tentative Tract
Map 87-03TE, CUP 90-16, and DR 90-17 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, encumbrancer.s,
successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that TTM 87-03TE, CUP 90-16, and DR 90-17 expires
or is rescinded by City Council at the request of the OWNER, CITY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 prevailing party shall be entitled
to full reimbursement of all costs, including reasonable 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 aga~~ OWNER..Il --=, If
Dated: JI/J..r/7 n '1Jifl,A/~ tJ~ O<-v
. O~ER J]:lotariB) ,
Dated: //,. ~ ({.,,/Pt'J ~Rkic,l~.g:Et~"J 1_ , ,
Dated: \\;;;t.~ '\c::::> '., ,<, ~ .
'I v 0 0 NE 0 a" ze' . /J .
Dated: III ).Oi .J ' ~
Dated: tJl'iM.u}.3oJ I 'i rID
CITY OF POWAY
By I1Lu .~~~ -c!~,
(NO need ,to Notarize)
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~,sAFECO
~'TIT1..E INSURANCE
ScfJ)7714,
DESCRIPI rON
Pqge 7
DESCRIPTION
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pARCEL 1:
Those portions of Sections 13 aIi'd 24, Tomship 14 South, Range '2 West, San
Bernardino Meridian, in theCh'y of Poway, County of San Diego, State of
Ca1ifo.rnia, according to Official Plat thereo'f, being more particularly
described as folIo,",,:
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All 'oft,he No.rt'hwest Quar'ter of the Southeast Quarter and the South"-,,,st
Quar,ter of the Nort'heast' Quar'ter of said Section 24.
Along with that portio;" of the Northwest Quarter of the Northeast Quarter of
said Section 24' and thatpordori of the South,-"st Quarter of the Southea,st
Q1arter"o'f said section l-3,all being described as foI'lows:
C:onnnencing at the Northwest cornet of said South"-"'stQuarter of the Southeast
.Quarter of Section 13; thence al,ong the .westerly line, thereof South 020 20'
33" West, 553.37 feet; thence leaving said Westerly iineSouth 580 27' 03"
East, along the center,line o.fthat Irr,evocable Offer to' Dedicate Real ,Property
granted to the County of San Diego ,as Document No. 80-31&749, r,eco,rded
~pterriber 2'9" 1980, to the Ea'stetly line of said Southwest Quarter of the
S()ut)le,astQuarter, said ,point being the' True Point of Beginning; thence
."r"tracing North 580 27" 03" 'West 'to said .westerl'y line of said Southeast
Quarter of Section 13; thence South 20 20' 33" .west along said \oksterly line
48.12 feet to Point "A", 'also being at the interseciton with a line that is
par,allel with and 42.-00 feet So'uth"",;stetly of, meas ured a't right angles, the
last. describ'ed'coursehaving:'a bear 'ihgof North 580 ,27' 03" West; thence 'along
said parallel Itne South 580 27' 03" East 355.00 feet to 'Point "B"; thence
South 310 32' ,57" West .,20.00 fee,t to the beginning of a tangent 470.00 foot
radius curve', concav.e EastE:7:.r.}.y; t'h~nce:: Sa,utherly alo.ng said curve through a
central angle of 630 23' 36", an arc distance of' 520.02 feet to the beginning
o( a rev,erse 719.00 foot radius curve, conc.ave ;South'~sterly; thence
Southeasterly along said curvethrciugha" central" 'angle of 140 22' 58", an arc
,distallC"e of 180.49 feet; thence tangent' to said.cu.rv,e,Souttl 170 27" 41" East
731.29 feet,; ,thence South 00 02.' 55".west 483..80 'fee't, ufore,o.r less., to a,
pOiht on,'the So:uthHH~ ".f ~_aid North.west QUarter, of .the Northe'l-st Quarter of
'Section '24,diSt'an1t 62Q.'OO fee~' Eil.:"t"erl.yalong said, liile. from.the So uthwe s,t .
c,orn"er.i:hereof1; thence :Easterly along said!.'!"e 7,1-i..39 feet'; ,moreo;t less, to
~he !3putl}'f,!?tC:orner of' ,said 'N:)r'th""",s't Q.1ar,ter 'of the :Northeast Q.1ar"terof
Sed,ton ,,24;: (hencea:i:ong tJ:le E~stHne of said, North"",,,t Quart,er o"f the
Northeast Q.1artei: of Secfio"h 24 and along the East line of the South"-,,,st
Quarter of tre Southeast Quarter of Section 13 to the True Point of Beginning.
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~SAFECO
~ TITLE INSURANCE
924
S-f,,777 r 4,
DEScRI PI' ION
Page 8
PARCEL 2:
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Tlia.t po.rtion of t,he Northwest Quarter of the Northeast Quarter of Section 24
and 'the' So.uth,,",st Quarter of the Southeast Quarter of Section 13, To "",,ship 14
'South, Range 2 West, San Bernardino Meridian, in the Ci'ty of Poway, Comty of
'San Diego, Sta,te of California, according to Official Plat thereof, being more
particularly described as follo",,:
Commencing,.at the Northwest corner of said Southwest Quarter of the Southeast
Quarter of Section 13;' thence alo'\'; the Westerly line of said Southeast
,Quarter South '02' 20' 33" West, 553.37 feet, to the intersection with the
centerline o'f that Irr,evocable Offer to Dedicate Real Pro.perty granted to the
CoUnty of Sa.n Diego as, Document No. 8-316749, record'ed September 29, 1980;
thence continuing' ,along .said Westerly line South 20 20' 33" West 48.12 feet to
the 'TriJe Po int 0 f Beg inn'ing, al so. being ~ t the in tel' sectio n wi th a 1 ine tha t
is :parallelW:tth and 42. 00 feet SouthWesterly of, meas tIred at r,ight angles to
the centerline of said Irrev,ocable Offer of Dedication granted to the Comty
of San Diego; thence along' said parallel line South 580 '27' 03" East 355.00
feet to Point "B"; thence South 310 32' 57" West 20...00, feet to the beginning
of a tangent 4.70.00 foot radius curve, concave Easterly;, thence Southerly
along said curve through a central angle of 63023' 36", an arc distance of
520:02 feet to the beginning of a reverse 719.00 foot, radiUS curve', concave
Southwesterly; thence Southeasterly along said curve through a central angle
of 14022" 58", an arc distance of 180.49 feet; thence tangent to said curve
:South 170 27' 4i"'East 731.29 feet; .thenceSouth 00 02' 55" West 483.80 feet,
more or less, to 'a point on, the South line of said Northwe.st Quarter of the
Northeast Quarter of Section 24, distant 620.00 feet Easterly along said line
from the So,uthwest corner thereof; thence Westerly alo,,\,; said line to said
South,,",st Quarter of the NOrthwest Quarter of the Northeast Quarter of Section
24; thence along the West .1ine of said North,,",st Quarte~' of the Northeast
Quarter of ,Section 24 and along the West line of the South,,",st Quarter of the
Southeast Quarter of Section 13 to the True Point of Beginning,
GENERAL ACKNOWLEDGMENT
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this the 26th dayofNovembe'" 19 90 ,before
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'County. of' c:' . 1)' ","
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l'lilri a 'I'heresa ~Henrv'
the, undersigned Notary Pub] ie, personally appeared
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, _ ,Donald ,,'1. Breihafl arid'Lbuticia. L. Breihan
o persona Hy known to me
OFFICIAL SEAL
MARIA THERESA HENRY
NOTARY PU!!LJC.CAUr-OOl~
SAN OlEGO COU~'1Y
My CommiSsion Eipi,,,,,
SEPTEMBER 30,1994
!KJ, prov'ed to me on the basis of satisfactory evicjence
to be. the person(s) whose name(s) ~ subscribed
to the within instrument, and acknowfe~ged that,tl:>o'i
executed it.
ITN S my hand
..; 'Notary's Signature *
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PAR'l'NERSHIP AckNOW~EDGMENT
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State 6J
County, of
On this the _ day of
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the unders i gned Notary Public, persona Ily appeared
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o proved to me on the basis Clf satisfactory evidence *
to be, the person(s) who execute'd the within instrument '
on behalf of the pa'i"tnership,artd aCknowJ'edged to me that *
the partnership exec1.itedit.*
WITNESS my hand and official seal. *
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CORPORATE 'ACKNOWLEDGMEi-H
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State of
On this the _ ,day of
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be the person(s) who executed the within instrument as *
or on behalf of the corporation ·
there in ,named, and.acknowl edged to me tha t the corpora t i on *
executed i:t. '*
WITNESS my hand 'and;offic.i al sea,l..'
the unders igned Notary Publ ie, personally appeared
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Not"ary'} !S:i g nq'tu re
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Individual Acknowledgment
STATE OF' CALIFORNIA
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County and state, personally
on the basis of satisfactory evidence)
subscribed to this instrument and
Notary Seal
WITNESS my hand and official seal.
~cr
Notary Public in and for said County and State
OfFICIAL SEAL
DONNAM, HUSKEY
NOT ARV PUBLIC. CAL IFOHNlA
PRINCIPAL OFFICE 1M
SAN DIEGO COli;~i'y
M~ CommiS$lor'l F:.'IJ. M~~ 14, 1993
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Individual Acknowledgment
STATE OF' CALIFORNIA
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COUNTY OF SAN DIEGO \ SS.
On this O?tr~ day ofSl.?~~~, in the year of 19~, before me, the
undersign~a NO~p~b~qn~fOr said County and State, personally
appeared 7t4.. (' , ~u
lperson~~ry-knoWfl-~o me(or proved to me on the basis of satisfactory evidence)
to be the person__ w~se name ~ subscribed to this instrument and
acknowledged that ,.-/tL--- executed it. '
Notary Seal
WITNESS my hand and official seal.
OFFICIAL SEAL
DONNA r,'i, HUSKEY
NOTAAY PUBLIC. C/\LIFORN.IA
PRlJiCIPAL '.'rftC::: IN
SAN QlEGO COUNTY
tAyeon\mtS\lUIl ElIp. MbY 14. 1993
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Notary Public in and 'for said County and St
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927
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, RESOLUTION NO.P-90-80
,A RESOLUTION ,OF THE CITY ,COUNCIL
OF 'THE CITY OFPOWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 87-03 TIME EXTENSION
AND CONDITIONAL USE PERMIT 90-16
AND DEVELOPMENT REVIEW 90-17
ASSESSOR"SPARCEL NUMBER 31.7-480-06
WHEREAS, Tentative Tract Map 87-03 Time Extension, Conditional
Use Permit 90-1'6, and Development Review 90-17 submitted by Donald
Breihan, applicant, ,requ~sts approval for a one year time extension
for a previously approved tentative tract map subdividing a 33 acre
site into 55 lots and requests reinstatement of a previously
approved conditional use permit and development review for
construction of a 50 unit mobile home 'park with associated
recreation"al facilities, for property located on the east side of
g:ommunity Road, south of Civic Center Drive, in the PC (planned
Community) zone;
WHEREAS, the Director of Planning Services has recoinrnended
approval of the tentative tract map time extension, conditional use
permit, and development review, subject to all conditions set forth
in the Planning Services Department report; and
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WHEREAS, the City Council has read and considered said report
and a'mended Environment:al .Initial Study and has considered other
evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
The City .council' finds that the environmental concerns were
adequately' addressed' in the prevAously issuedEIR and
Subsequent EIR for the South poway planned Community.
Section 2: Findinqs:
Tentative Tract Map 87-03 Time Extension
1. The tentatiye tract map is consistent with applicable
general and~pecific, plans" in, tha.t the S.outh poway
Deyelopment Plim designatesthiissite for a 50" unit
mobile home park.
2. Thei"deisii:jh or" improvement of the tentative tract map is
consistent with all applicable general and specific
plans, in that lot size and configuration meet all
applicable development standards for Mobile Home Parks,
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928
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Resolution No. P-90-80
Page 2
4.
The site is physically suitable for the type of
development proposed, in that the development will be
generally confined to areas with a natural slope of less
than 15 percent.
The site is physically suitable for the density of the
development proposed, in that the proposed development
will be buffered by open space on two sides and will
adjoin a similar development on the north and west.
The design of the subdivision is not likely to cause
substantial environmental damage and avoidable injury to
humans and wildlife or their habitat, in that the site
has been previously disturbed by grazing and a large
proportion of the site will be dedicated as open space.
5,
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The tentative tract map is not likely to caus~ serious,
public health problems, in that City sewer and water
service will be provided to the proj ect.
The design of the tentative tract map will not conflict
with any easement acquired to the public at large, now of
record, for access through or use of the property wi thin
the proposed subdivision.
8. That this project will not create adverse impacts on the
environment, because all potential impacts can be
mitigated through the conditions of approval.
7.
9. The effect of the mobile home park on the housing of the
San Diego region has been considered and balanced against
the public servic~ needs of poway residents and available
fiscal and environmental resources,
10, The design of the mobile home park has provided, to the
,ext~nt, feasible, for future passive or natural heating or
cooling opportunities in the subdivision.
Conditional Use Permit 90-16
In
1.
,That; the location, size, design, and operating
ch<lt'acteE1stics of the proposed use will be compatible
~i;th and, will n6tadversely affect or be mateJ::"ially
detrtnlE,htal to adjacent uses, residents, buildings,
structures, or natural resources, in that the site
adjoin::; an existing mobile home park on the west, a
prpposed mobile home par~ site on the north, and open
space lots on :the east and south.
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Resolution No. P-90-80
Page 3.
2.
That the harmony i'n scale, bulk, coverage, and density 1cs
consistent with adjacent uses, in that the density is no
greater than th('lt found in the adj'acent mobile home ,park.
3.
That there are..available public facilities, services, and
utili.ties.
4,
That there will not be a harmful effect upon desirable
neighborhpod characteristics, in that the proj ect is
isolated from single~family residential ,neighborhoods and
will complement the, nearby poway Royal Mobile Estates and
Haley Creek Estates.
That the generation .of traffic will not adversely impact
the; surrounding streets and/or the City's Circulation
EIElmerit, in that street improvements are required which
will mitigatepot'ential traffic impacts .
That 'the site is suitable for the type and intensity of
use or development 'which is proposed, in that significant
natural feat1.lr,es will not be lost, provided that ~fny
necessary alterations to the grading 'plan are implemented
as specified in the conditions of approval of Resolution
P-88-109.
5.
6 .
7. That there will not be significant harmful effects upon
environmental quality and natural resources, in that the
attached cohdi't-ions of approval conta,i.n requirements
which will initig'ate potential impacts to a level of
insignificance.
8, That there are' no other relevant negative impacts of the
proposed use that cannot be mitigated.
9, That the impacts., as described above, and the location of
the proposed use will not ,adversely affect the City of
poway General plan for ,future as well as present
development because the project is consistent with the
standards contained in the adopted specific plan for this
site.
Development 'Rev.iew9'O-l7
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1. That the proposed development is in conformance with the
poway General Plan; in that the plan designates this
property as a Planned. Community and the development plan
for the planned corT1[i1unij:y specifiEls thgt this site is to
be d.evelopedas a mobile home park;
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Resolution No. P- 90-80
page 4
2.
That the prqposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties; in that the project
will incorporate ample landscaping and limit grading and,
the mobile homes and/or modular units are an orderly
continuation of. the existing mobile home park to the west
and proposed park to the south. '
That the proposed development is in compliance with the
Zoning Ordinance,
That the proposed development encourages the orderly and
harmonious appearance of structures and property ~ithin
,the City, in that it is similar to and will complement
adjacent development.
3 .
4.
Section 3: City Council Decision:
The City Council hereby approves subject to the following
conditions:
Within 30 days of approval {l) The applicant ,shall submit
in writing that all conditions of approval have been read'
and understood;' and (2) the property owner shall execute
a Covenant on Real Property.
2., Prior to issuance of grading permits, a survey of the
property shall be performed by a qualified biologist to
search for signs of sensitive plant species. If present,
appropJ:iate mitigation would include 'on-site protection,
transplantation 'and/or other measures as approved by the
Planning Services Department,
1.
3. Prior to issuance of any building permits, a Development
Review for the club house, managers unit, and recreation
facilities shall be approved by City Council.
4. Prior to issuance of building permits, the applicant
shall provid~ color and materials samples for the coaches
or 1I]9dular" bul"ldings. A rili,nimum of three different
faca'de 'treatments. shall be provided ,for. each of the three
piahsin aCC:ordancewi,thPo?,ay Munlcipa;l- Gode Section
17'.08.5 ,S.
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5. All conditions listed in City Council Resolution P-88-109
shall remain in effect for this approval.
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Resplutipn No. P-90-80
'Page 5
APPROVED ahd ADOPTED by .:th~ Ci ty Council of the City of poway,
state of California, thi"'s 30th day of October, 1990.
C)~ ,\ -' ,
Don Higgins~ Mayor
ATTEST:
, ~-t,..,
Wahlsten, City Clerk
STATE OF CALIFORNIA
SS:.
COUNTY OF SAN DIEGO
I , Marj orieK.. wahlsten, City Clerk ()f the City of Poway, doe
hereby certify, under" 'the penalty of perjury, that the foregoing
J,<,esolution, No, P~90-80' , was duly adopted ,by the City Council
at a meeting of 'said cityC6ullCil held on the 30th, day of October
, 1990, ,alldthat it was so adopted by the following
vote:
AYES: BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NOES,: NONE
ABSTAIN: NONE
ABSENT: ' NONE
J1i~ ~ 1Vcvu~
Matj,or~e K. ahlsteh, City Clerk
City oVoway
REPORT\TTM8.79-3.RES'