Covenant Regarding Real Property 1991-0093928
RECORDING REQUEST BY:
795
DOC.= 1991-0093928
05-MAR-1991 08=15 AM
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RF: 8.00 fEES: 1:1.00
AF: 6.00
MF: 1. 00
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CITY OF POWAY
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)
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COVENANT REGARDING REAL PROPERTY
Pauline J. Flentie, a widow ("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 .323-451-51 ("PROPERTY" hereinafter) . In
consideration of the app~oVal of Variance 90~11 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 futu~e owners, encumbrancers','
successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that Variance 90-11 expires or is rescinded by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 othe~ party. The CITY may assign to persons
impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER. ~
D.ted, .:L- :>--,,- 9'1 ~. . t~ 7 c&-..-i .
, OWNER (Notati ) ~
Dated:
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CITY OF POWAY
By ~/d:d-
(NO ne d to Notarize)
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~HEDULE A PAGE NO. 2
LEGAL DESCRIPJION
reR NO. 136830-07
796
LOT 28 OF CITY OFPOI.JAYTRACT NO. 83-02 IN THE CITY OF POWAY.. COUNTY OF SAN
DIEGO, STAT~ OF CALIFORNIA, ACCORDING TO THE MA~ THEREOF NO. 12090, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1988.
EXCEPTING THEREFROM ALL WATER AND WATER RIGHTS IN AND UNDER SAID PRO-
PERTY, OR THAT MAY BE PRODUCED FROM A DEPTH OF 100 FEET OR MORE BELOW THE
SURFACE, BUT WITHOUT THE RIGHT OF SURFACE ENTRY.
:EN ERAL ACKNoWLEDGI~ ENT
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PARTNERSHIP ACKNOWLEDGMENT
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WITNESS my hand and official seal.
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CORPORATE ,ACKNOWLEDGMENT
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798
RESOLUTION NO. p~90-96
A RESOLUTION OF THE CITY !:OUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 90-11
ASSESSOR'S PARCEL NUMBER 323-451-51
WHEREAS, Variance 90-11, submitted by Sunland Housing Group,
Inc., applicant, requests approval of a variance for a nine foot
wall and fence located at ,13510 Spruce Lane where a six foot total
height is the maximum permitted in the PRD zone; and
WHEREAS, on December 18, 1990, the City Council held a duly
advertised public hearing to solicit comments from the public both
pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
This project is categorically exempt under the provisions of
CEQA (Class 5), minor alteration in land use limitations..
Section 2: Findinqs:
1. That there are special circumstances applicable to the
property (size, shape, topography, location, or
surroundings), or the intended use of the property, and
because of this, the strict application of the Zoning
Ordinance deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning
classifications.
The unus~al circumstances include the three foot grade
differential between the subject property and adjoining
lot and the minimal (17 foot) separation between the two
houses. If a retaining wall were not used, there would
not be adequate access around the perimeter of the house
on the subject property.' If the wood fence were reduced
to three feet in height, the property owners would not
have the same privacy enjoyed by other properties in the
vicinity.
2. Granting the variance, or its modification, is necessary
for the preservation and enj oyment of a substantial
property right possessed by other property in the same
vicinity and zone and denied toth~ property for which
the variance is sought in that the retaining wall and
fence are necessary to preserve adequate access and
privacy for existing homes.
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Resolution No. p-90~96
page 2
Granting the variance, or its modification, will not be
materially detrimental to the public health, safety or
welfare, or injurious to the property or improvements in
such vicinity 'and zone in which the property is located,
in that the nine foot wall is scr:eened by existing
buildirigs on ~ither side.
4. The granting of this variance does not constitute a
special privilege inconsistent with the limitations upon
other proper:ties in the vicinity and zone in which such
property is situated, in that other lots in the
subdivision have six foot high privacy fencing along side
and rear property lines and the variance is necessary to
secure this right for the subject lot.
5. The granting of this var:iance does not allow a use or
activity which is not otherwise expressly authorized by
the zoning r:egulation governing the parcel of property
because side and rear property line fencing is required'
by the zoning Ordinance for smaller single-family lots.
6. Granting the variance or its modification
incompatible with the City of Poway' General
of the minimal nature of the request.
will not be
plan because
Section 3: City Council Decision:
The City Council hereby approves Variance 90-11 subject to the
following condition:
Within 30 days of approval (1) 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.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 18th day of Dece~ber 90.
ATTEST:
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Go dsmith, ~ayor
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Marjorie K.
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Wahlsten, City
Clerk
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STATE! OF CALIFORNIA
COUNTY OF SAN DIEGO
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Resolution No. P-9Q- 96
Page 3
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-90"96 , was duly adopted by the City Council
at a meeting of said City Council held on the 18th day of
December ,1990, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
N8NE
NONE
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Marjorie K. Wahlsten, City Clerk
City of poway'