Covenant Regarding Real Property 1990-0606315
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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
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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89-03, and Minor Development Review 89-72 expire or are rescinded by City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.$~f,9
OWNE
(Notai'i_ze)
~ r;d.kk () ^^ ,
WNER -
(Notarize)
K~r
By
No need
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GENERAL ACKNOWLEDGMENT
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State of
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County of
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@ OFFICIAL SEAL
. WILLIAM J. HANNA
. Nale/y Pubttc-callfomla
llAH DIEGO COUNTY
My CCmm. Ellp.Ilept. 5.1992
2367
NO. 201
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On thiS the 25 day of
DCtU!, elL
1"J,~IL4<-> :1. ~
19~ before me,
the undersigned Notary Public, personaily appeared
S c.<J<w k- L;J~
~ ~JtLab <lw)
l)('personally known to me
Jd:.Yroved to me on the basis of satisfact~~idence
to be the person(s) whose name(s)
within instrument, and acknowiedged that
WITNESS M a'l9 of~clal s~ #<.. I
Notary's Signatu~ ~
subscribed to the
executed it.
7110122
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O. Box 4625 . Woodland Hdls. CA 91364
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2368
Orucr No.
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,loan No.
RECOlillING :REQUESTED DY ~ND
190~ I-\^R 20 Pll 3: LIB
'WHEN 'RECORDED MAil TO:
I ,uVfY,\". .l;Y\ ';..1
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KINDEL &, .ANDERSON
P; -0"136x 8090
Ne~poit Deach, CA
(EJV)
92660
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$"^Cl: AI10VE THIS (INE ,r:on:"J1EconOErt.~ U~~
CONSIDEllll'rION LESSTIIIIN $100
DOCUMENTARY TRANSFER .'TAX $..:...............;...7.,Q:::..................
...... C(lmputed on 'tIn conslderlltion orvalul 01 prop.rly conv.y.d; OR
....., Compuled an IIi, <:r'lsi 'flilion or ulue lln lI.ns or .ocu~br.nc;cs
cYp~nlj,Il'11im601 .f~ ____ ;,:...
~.,,- ;r;,'" "'~ _____KINOEL.__&_~Nrllii\SON'
. . ---Si~rDI,j.;.nt or Age;;1 dtttrmlnlng 1.11 - Fltm NI.":,"
IIPN 277-011-02; 277-021-02; Z77-021~01
MAIL TAX STATEMENTS TO:
Thomas ~. Liguori,
16728. Espo1a Road
poway, C~ 92064
Trustee
GRANT DEED
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FOR A VALUADlE CONSIDERATION.' r~cci~l of whit;h is hcrcfJy .1c/(nowlcvgcv. TlIOM1\S A. LIGUORI and
'SUS_IIN K, LIGUORI, CO.,Trustees of The Liguori Trust eS,tab1ished ~ugust 5, 190Z
by'Thomas A. .,Liguori ,D.nd SusD.n ,R.' Liguori, Trustors,
licrelly GRANTtSI to THOMAS A.. LIGllO~I, ~rustee of The'ThbmD.s A. Liguori Separ&tc
Property Trust established November 8" 198.3 by Thomas A. Liguori, Trustor
lhc'Hcal properly in Ihe City of
Counly 01 San Diego
. StOlle 01 COllilorniOl, dcscriuct.l LIS
Portion of Section 7.1, 0, '1,'7, 18., Township 13 ,South, Range 1
West, San Derna.rdino M~.ridian, according to Official Plat
thereof, described in the' attached Exhibit "A~' made' a part
hereof.
D'lCL_])~J:...l.9.i:3T
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";~s~g16rr~'o rustcc's-o'r-i!'he
Lig'u6'ri /f;ru'st. c'st. 8. 5/02 by Thomas ^.
~Liguori-und~susan-K~L~guori~~rustors
ST^TE OF CALIFORNIA
COUNTY OF ~ ))''',0
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baloll mi., Ih. undlulllnctJ; ~I~ry fV~Il(:, ..i~ ~nd lor ui.1
S_I"I'l!'; pe'io'r~.:IlP'pi."ed .:.."';.J..~~,u.~
-'2<!!!_()-,-CY~~~_ P.&< .
kno~ri'ID ml to b. ~h. PIFlon _5_ ,whoUl nilm. ~
iuu$!;~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
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10021101C;91
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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:
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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"
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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,
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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,
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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.
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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.
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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;
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Marjone K. Wahlsten, City C.lerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
s s ,
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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
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l~arJone K. I~ahlsten, Clty Clerk
City of ,Poway
R/R-7~25.6-11