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Covenant Regarding Real Property 1990-0606315 r. ;"'; :,f "'. . - ",; '\-- . . ,to ;"OV. . . RECORDING REQUEST BY; CiTY OF POWAY WHEN RECORDED MAIL TO; CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 No Transfer Tax Due 23.5:6- ) ) ) ) ) ) ) ) ) ) ) ) DOC. 1990-0606315 08-HOV-1990 08:26 AM SAH OIEGOCOUHTY RECOROER'SOFFICE VERA L. LYLE, COUNTY R~COROER RF: 11.00 TEES: 21.00 AF: 9.00 MF: 1. 00 (This space for Recorder's use) COVENANT REGARDING REAL PROPERTY Thomas A. Ligouri and Susan K. Ligouri, Co-Trustees of the Ligouri Trust established, August 5, 1982 by Thomas A. Ligouri and Susan K. Ligouri, Trustors, ("OWNER" hereinafter) are the owners of real property described in Exhibit A which is attaChed here.to and made a part hereof and which is commonly known as Assessor's Parcel Number 277_-021-U2, U4 and 277 -un-U4 ("PROPERTY" herei nafter). In consideration of the approval of Minor Conditional Use Permit 89-06, Underground Waiver 89-03; arlcJMinor Development Review 89-72 by the City of poway ("CITY" hereinaftel'l, 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that Minor Conditional Use Permit 89-06, Underground Waiver 89-03, and Minor Development Review 89-72 expire or are rescinded by City Council at the request M' the OWNER, CITY shall expunge thi s Covenant from the record title of the PROPERTY. If either party i's 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 i_he, performance iJf thiS" Covena-nt the right to enforce this Covenant against OWNER. D.", f f4. Dated; (() f~c{9,O Dateo'; ?"J.$~f,9 OWNE (Notai'i_ze) ~ r;d.kk () ^^ , WNER - (Notarize) K~r By No need , / ? . GENERAL ACKNOWLEDGMENT ~ ~\ (l.All~~ S~D{~i) State of } 55. . County of -"-..:...;: @ OFFICIAL SEAL . WILLIAM J. HANNA . Nale/y Pubttc-callfomla llAH DIEGO COUNTY My CCmm. Ellp.Ilept. 5.1992 2367 NO. 201 . , ~........... . '1]f On thiS the 25 day of DCtU!, elL 1"J,~IL4<-> :1. ~ 19~ before me, the undersigned Notary Public, personaily appeared S c.<J<w k- L;J~ ~ ~JtLab <lw) l)('personally known to me Jd:.Yroved to me on the basis of satisfact~~idence to be the person(s) whose name(s) within instrument, and acknowiedged that WITNESS M a'l9 of~clal s~ #<.. I Notary's Signatu~ ~ subscribed to the executed it. 7110122 NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O. Box 4625 . Woodland Hdls. CA 91364 \, .:~>~~ ~. 01-.1.( :,~ HECDflDI:JJ h;," . OfFICI^L.liECOfir.fl 101' SAIl OIEGO,alJ!I r y;c,\, 2368 Orucr No. ,1;;.:.crc:iwNo, ,loan No. RECOlillING :REQUESTED DY ~ND 190~ I-\^R 20 Pll 3: LIB 'WHEN 'RECORDED MAil TO: I ,uVfY,\". .l;Y\ ';..1 ~llH I '( 1{l~CCIW:..~ RF MG UF TXPD G-- KINDEL &, .ANDERSON P; -0"136x 8090 Ne~poit Deach, CA (EJV) 92660 , ;;'.:,'(IJJ,'(I,..i. J.1S $"^Cl: AI10VE THIS (INE ,r:on:"J1EconOErt.~ U~~ CONSIDEllll'rION LESSTIIIIN $100 DOCUMENTARY TRANSFER .'TAX $..:...............;...7.,Q:::.................. ...... C(lmputed on 'tIn conslderlltion orvalul 01 prop.rly conv.y.d; OR ....., Compuled an IIi, <:r'lsi 'flilion or ulue lln lI.ns or .ocu~br.nc;cs cYp~nlj,Il'11im601 .f~ ____ ;,:... ~.,,- ;r;,'" "'~ _____KINOEL.__&_~Nrllii\SON' . . ---Si~rDI,j.;.nt or Age;;1 dtttrmlnlng 1.11 - Fltm NI.":," IIPN 277-011-02; 277-021-02; Z77-021~01 MAIL TAX STATEMENTS TO: Thomas ~. Liguori, 16728. Espo1a Road poway, C~ 92064 Trustee GRANT DEED ,V'. FOR A VALUADlE CONSIDERATION.' r~cci~l of whit;h is hcrcfJy .1c/(nowlcvgcv. TlIOM1\S A. LIGUORI and 'SUS_IIN K, LIGUORI, CO.,Trustees of The Liguori Trust eS,tab1ished ~ugust 5, 190Z by'Thomas A. .,Liguori ,D.nd SusD.n ,R.' Liguori, Trustors, licrelly GRANTtSI to THOMAS A.. LIGllO~I, ~rustee of The'ThbmD.s A. Liguori Separ&tc Property Trust established November 8" 198.3 by Thomas A. Liguori, Trustor lhc'Hcal properly in Ihe City of Counly 01 San Diego . StOlle 01 COllilorniOl, dcscriuct.l LIS Portion of Section 7.1, 0, '1,'7, 18., Township 13 ,South, Range 1 West, San Derna.rdino M~.ridian, according to Official Plat thereof, described in the' attached Exhibit "A~' made' a part hereof. D'lCL_])~J:...l.9.i:3T -~~jinasTA~ i ,~r~: . ";~s~g16rr~'o rustcc's-o'r-i!'he Lig'u6'ri /f;ru'st. c'st. 8. 5/02 by Thomas ^. ~Liguori-und~susan-K~L~guori~~rustors ST^TE OF CALIFORNIA COUNTY OF ~ ))''',0 , I In. , On "D<rc=<.~~_1.-l36:5 , baloll mi., Ih. undlulllnctJ; ~I~ry fV~Il(:, ..i~ ~nd lor ui.1 S_I"I'l!'; pe'io'r~.:IlP'pi."ed .:.."';.J..~~,u.~ -'2<!!!_()-,-CY~~~_ P.&< . kno~ri'ID ml to b. ~h. PIFlon _5_ ,whoUl nilm. ~ iuu$!;~ibed ~Wilhlr l,nsllU,menl and oc;knovvlwlllld Ihal "j- - ~ _ ~/.J./5~...'7 _ . _' , CIIC'Culcd Ih. sam., :~:~,:~~ =~.n:.n'O"'d;i ~J~~~- EXHIBIT A 'Thl. ".. U,~^ll;TAXST^TCMGNTS,,^S, OIf1ECTED AUOVE'" OFFICIAL. SEAL. WILlIAM'.J'H^NNA. HOTAAYI'.Vel1t ,'CALIFORNIA jM Dl[GO comITY M., mill. .Iaplrii JUl' 21, 19a4 II;.. ulllc:l.l noled.I lull 10021101C;91 , , ;, I ., ~ r ( I l l c, . . 236:] RESOLUTION NO. P- 89-75 A RESOLUTION OF T.HE CITY COUNCIL OF THECITY'OF POWAY, CALIFORNIA APPROVING MINOR' DEVELOPMENJ REVIEW 89-12 MINOR COND IJIONAL USE PERMIT 89-06 , AND UNDERGROUND WAIVER 89-03 ASSESSOR'S pARCEL ,NUMBER 277-021-02,04 AND 277-011-04 WHEREAS, Minor Dey,elopment Review 86-37, Minor Conditional Use Permit '89-06, an,d Underground Waiver 89-03 submi'tted by Tom and, Susan Ligouri ,app:licants', r,equestapproval to constr:uct a 12,400. single-f,amjly dlvelling,with a'1,,050 'squ'are foot accessory 2partment for, the property located at 15555' Stag~e Coach Roaa in the Rural Residential A (RR-A) zone; and WHERE'AS, on Ju,ly 25, 1989, the City Counci'l held a hearing on the above- " r.eferenced item. NOW, THEREFORE, 'the City Council does hereby resolve as follows: Section 1; Envi ronmenJal Fi ndi ngs: The City Council finds that this'projec-t is categorically exempt (Class 3) from the California Environmental Q'uali"ty Act (CEQA), Sec,t i on2: Fi nd i,nqs: , - Minor De~elopment Revie~ 89-72 1. That the proposed development is in conformance w,ith the Po\vay General Plan in that the proposed project is as.ingle fami ly residence in a, rural residential zone and .the General Plan design'at50n is, RR-A. 2. That the proposed development will not have an adverse aesthetic, health', safety, or architecturally related impact upon adjoin,ing proc perties, in that' the' grading desi.gn, l5u,ildi.ng placement, construction method,building-matehals, ani:! elevatiohs ,iill be compatibl-e \lith surrounding properties. 3. That the proposed deve:lopment is in compl i ance wi th the Zon ing Or;o,i nance" ,in tha,t iJ ~()mp.liesi''!}th the s,etback s, hei ght 1 i mi t, and all olher p.roper,ty de,velopment:'s-tandardsof' the RR-A zone. 4. T'hat th.e proposed,deveil'opinent enCoUra'ges. the oroerly and harmonious appearance ofstructu resahd, prop'e'rtY wi thin the City, in that all surrouhd:i ng properties areunoer the same zoni ng des i gna'Uon as 'the subjec:t ,lo.tandare to be ggv,e.1oped in a's i'mi 1 ar manner, Minor Conditional Use Permit ~9-06 1,. That the locat.ion, seize, design, and oper:ating char:ac.teri'stics of 'the p'roposed use wi"llbe:compatible with and will not adversely affect or "EXHIBIT B" . . 2370 r Resolution No. P-89-75 Page 2 be materially de.trimental to adjacent uses, residences, buildings, st'ructures, or ndtural resources, in that the use is accessory to and compatible wit~ single family residential ~evelopment. 2, That the scale, bulk, coverage, and densHy bf the project is con_ sistent with adjacent uses. The proposed architectural design and finish materials match the house, '3" That there are avai'Table public faciliJ.ies, servi'ces, and utHities. 4. That there ~ill not be a harmful effect upon desirable neighborhood characteristics, in that the subject, lOt can accommodate the added s quare footage. 5. That the ~eneration of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element because the use remains sin~le-family only, 6. That the site is suitable for the type and intensity of use or deve'lop- ~ent which is proposed. ( 7. That there will not be significant harmful effects upon envi'ronmental quality and natural resources duet6 the size of the proposed struc- tu re. 8, That there are no other relevant negative impacts of the proposed use that cannot be mitigated. 9, That the impacts associated with the proposea location, size. design., and operating Characteristics of the proposed use and the conditions under ,mien it woulo be operated 'or ~a,intained wi 11 not be detrimental to the public neai.th, safety or welfare,or materially injurious to properties or improvements in the vicini'ty and the use is consistent with the General Plan. lU.That tht=, accessoryisl,ncompliance with each of the applic'able provi- sionsof Ord,ihance 17.48 (oonditional use permit regulations), Underground Waiver 89-03 1. The sitei,s in an RR-A, zoned arednot' served by City water, and could potentianybe further subdivided if Chy water is extended i'n the future to ~er0e that area. 2. The site is not located ona Circulation Element road, 3. All new buildings on the parcel shall have underground services, \. , f [ .. .' 2371 Resolution No. P- 89-75 Page 3 Section 3: City Council Decision: The Ci.ty Counci 1 hereby approves M,inor Deve:l'opment Review 89-72, Minor Conditional Use Permit 89-06,'and Underground 0aiver 89-03 subject to the following conditions: 1. Within 30 day? of approval: (1) The applicant shall submit in writi,ng' that all conai.tions of approval have been read and understood; and .('2) the property owner shall execute a Covenant on Real Property. 2. Either the accessory apartment or th.e main residence must be occupied by the owners of the property at all times that either unit is held out ,.for rent. 3. The property owner will not oppose any future unde'rgrounding district and agrees to pay a share of any future undergroundi ng costs, 4. This approval shall become null and void if building permits are not issued by July 25, 1990. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WiTH iHE'FOLLOWING CONDITIONS; 1. Approval of tllis. requesL cSha11 not waive compliance with all sections of the Zoning Development Coae ano all other app1"icable City Ordinances in effect at the time of building permit issuance, 2. The appropriace Builaing Department approvalssllall be received prior to the i ni ti ati on of c.onstructi'on. 3. Site shall be developed in accordance with the approved site plan on fi:le in the Planning Services Department and the conditions contained herein. 4. All manufactured slopes over five feet in height shall be planted with ground cover, shrubs, and trees, and maintained in a ~ealthy growlng con- dition in accordance with Ordinance No. 77. 5,. r;. landscape and i,rrigaUon pJan ,for the, graded slopes in excess of 5:1 shall :~e su.vmHted: to' th,e Gi.ty"for review' and approval prior to .i\suance of a bu,iJ.ding per,mit. Instal'lation Of ,all slope plianting and irrigation shall occur prior to fi-nal tnspectioh Ily 'the Building Department. 6. New utility lines fr6nithe, exi-stirigpole to the proposed structures shall be undergrou,nded andoniy,one electric meter shall be a 11 owed. 7. Theapplicant shall comply with the latest adopted Uniform Buil,ding Code, UniJorm MechaniCal Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance, . . 23 72- " r Resolution No. P- 89-75 Page 4 8. For a new residential dwell ing unit, the appl icant shall pay development fees at the established rate. Such fees'may"include, but not be limited to: Permit and Plan Checking Fees, School Fees (in accordance with City-adopted pol icy and/or ordinance), Water and Sewer Se'rvice Fees, Traffic Mitigat;ion, and Park Fees. These, tees shall be paid prior to building permit issuance. 9. The two existing oak trees on the site sha,ll be protected by fencing during the construct~on phase. A chain link fence shall be placed around the perimeter of the drip line for each oak. Fencing shall be installed prior to issuance of building permits. No c'ut or fill slope for the pool house,shall extend beneath the dripline of the oak,trees. ' APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWI NG COND IT IONS: 1. A right-of-way permit shCill be obtained from the City's Public Services Department for any work to be done within {he public street right~of-way or any City-held easement-Said work shall include, but is not to be limited to, construct.ion of driveway approach, sewer lateral installation, water service line installation, street constructi'on (including concrete curb, gutter, and sidewalk). Permit shall be obtained prior to start of work. 2. A grading plan for the development of the property shall be submitted to the City's Public Services Department for review and approval prior to issuance of a grading permit and start of grading operation unless grading involves earthwork movement of less than 50 cubic yards. If no grading is required, a certification from a State Registered Civil,Eng1neer indicatinG the amount of earthwork shal~ be furnished to ~aid City's Public Services D~partment and a $500 inspection fee shall be paid prior to building permit issuance, 3. Leach field layout or seepage,pit layout for the residence sewage disposal system shall be submitfedto,the City's Public, Services Department, for review and approval ,by the City Engineer prior to obtaining a septic system installa:t;ion permit from the County of San Diego Department of Health. If a septic system installation. 'permit h'adbeen obtained without a City approved layout, oneshal] be submitted pr'Tor to installation of leach lines. 4. -The conditions of .iSsuance.for that condltional Certificate of Compliance recorded December 3D, 1'9'83 at F/P No. 83-478858 of official records shall be complied ,with prior to issuance of a build.ing permit. Reference is hereby made to sajd documents for more particulars. 5. The conditions of that "Covenant of Road Improvements and Water Storage Facilities" recorded December 5, 1988 at Fip No. 88-621092 of Official Records shall be complied with prior to issuance of a building permit. Reference is hereby made to said documents for more particulars. r [ . . 2373 Resol~tion No. P- 89-75 Page 5 5. The cohdi ti ons of that "Cove-nahtof Road Improvements and Water Storage Facilities"recorded December 5, 1988 at F/P No, 88-621092 of Official Records shall be complied with prior toi'ss~ance of a building permit. Reference is hereby made to said documents for more particulars. 6. Well water, as a s~~rce ,of water supply for domestic and fire requirement needs, shall meet the requirements of the County of San Diego Health Department and the StCite of California water well standards. ApPL-ICANT SHALL ,CONTACT THE COMMUN ITY SERV ICES DEPARTMENT REGARD ING COMPLIANCE WITH THE FOLLOWING CONDITION: .1. Equestrian and/or pedestrian trail, built to City standards, shall be consJructed on the sUDjeN parcel. The location of said trail in relation to the street improv-emenis shall be as directed by the Director of Commun'ity Servi,ces. Completion of said improvements shall be done prior to issuance of a-Certificate of Occupancy. Should the trail be built outside the street right"of-way, the applicant shall dedicate to the city of poway'an easement for equestrian trail and/or pedestrian trail purposes and the instrument for said dedication shall be done prior to issuance of a Certificate of' Ofcupancy, , APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Roof covering shal,l meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering materials, per City of Poway Ordinance No. 64, 2. Approved numbers or addresses shall be placed on the building position as' to be .pl.ainly visib,le and legib,le from the street property. Sa id numbers shall contrast wi th their background. be reqUired at private dfiveway entrances. in such a fronting the Address will 3. Each chimney used in conjunction with any fireplace 5hall be maintained with a spark arrester, 4, Deildend; accessr;,o,aol;iay'~ in exces,s of 1-S0 fe€:'t 1 ong shall be provided wi th approved provtsions, for the turn;i'ng around of Fi re Oepartment apparatus, Requirements for uead' eno and loo'ped accessways are: ' Lengtn: Wiath,: Turnarounds Required: *10U' -Suu' 12' 7u' .diameter cul-de-sac 60' hammerhead Curves and topographical conditions could alter'the requirements for turnarounds and the width of accessways. . -,' r [ " .. 2374 .',., " Reso,l uti on No. P- 89-75 Page 6 5, This dwelling will require a water tank for standby water for firefighting, a minimum of 10,000 gallons to meet a fire flow requirement of 500 GPM for 2u minutes, A residential fire sprinkler system is recommended, Contact the Fire Prevention Bureau for details. APPROVED and ADOPTED by the City Council of eCity of Poway, State of California, tnis 25uI day of July, 1989. Ca r 1 R. K ru s e , A nEST; '---- , 1/" I:' \ l.:.....j - . i J ! \ (,L l,\IA-.-i. I I ,Il~ (.'-,.Ie-,....> v...._ Marjone K. Wahlsten, City C.lerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO s s , ~ Mayor ' I. t~arjorie K, Wahl,sten, City Clerk of the City of PO'day, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No, P-89-75 , was duly adopted by the City Council at a meeting of said City Council held or the 25th day of July , 1989, and that it was so adopted by the following vote; AYES: Goldsmith, Higginson, Kruse NOES: None ABSTAIN: Ncin'e ABSENT: Brannon, Emery \--',i---'r-, }, l_ <_~.: -. '.. IL.l. " '~-L..._ l~arJone K. I~ahlsten, Clty Clerk City of ,Poway R/R-7~25.6-11