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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 .. " <' . .~- 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) F' "", r 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 In the event that Variance 90-11 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: ~'/6 If?1 CITY OF POWAY By ~/d:d- (NO ne d to Notarize) -.: ~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 ,*,! ;*f ','Ie' *~*' ,* ~~ "*,_: *, ",' Ii. 1i: 'Stale 'of '44, ~1I1; .^ ,c- count; ~f _'L'~Ji~ _ the * '* * ~;* * 'Ie *. 'I< * * .. * ' O\1~i s the~R'-t.<.. day of' ) SS. ) , " , , -., ~\ OFFICiAL Sf;AL ^NANCY'NNEU~EL? .,,' NO,'t!l.!y pUbllo-calolllm,a , . 'SAN DIEGO COU~lTY 'MyConl";.El<P.[l::<;.21,19>"2 ,'1 personally appeared o personally known to me t . . t . . . . ~ 'Ie * 'Ie 'Ie * * 'Ie * 'Ie 'Ie * * * ~oved to me on the, basis of satisfactory evidence to be the person(}) ,whose riame~), ,/A subst:ribed to the within instrument, and acknowledged that J..i 1- executed it. ' ~~;:t ".'- Nota y 's' gn tur " ' * 'Ie * * * * *- * 'Ie * * * 'Ie * 'Ie 'Ie 'Ie '* * 'Ie ** '/( 'Ie 'Ie * 'Ie 'Ie :*. .:~- * '* , I PARTNERSHIP ACKNOWLEDGMENT * * * ,'Ie 'Ie * * * * * * * 'Ie 'Ie 'Ie · State of " . . . .' . * . . " * * * . . . . . County of 797 . *' '* " .' * . . .' . . .,', . .' . '~.. I' " I, ! " ':.. , , ( ~ 'f . ... 'Ie .'Ie ''Ie * ~,; *.' 'Ie, * * ~., :!c. 19 , before,me. It' - 'Ie-' - ." 'Ie .' " '~ 'I '" ; . . ~,' .'~ '1 I 'Ie 'Ie 'I< * 'Ie 'Ie. * * * 'Ie 'Ie * 'Ie * 'I< * .'Ie * * 'Ie 'Ie * On this the day of )SS., - ) the undersigned Notary Publ ie" personallY appeared [] personally known to me o proved to me on the bas,fs of satisfactory eViden'ce to ,be theperson(s) who execu'ted the wi thin instrument onbeha'lf of the parfnershi p, and acknowl edged to me .tha t the partnership executed a.' WITNESS my hand and official seal. On this the day of )Ss.' - ) 19 before ':',>.;, ;~~, -~.:;! " .r::'. ':""':ii , ~ '.', . -" <-~; ";*,,-1 ,., '*"'.., ; '.* :":., ,r,~", . * ;,'.. . . .J . . . * ....~ "', ., * .".", . . Notary's Signature · * * * * 'Ie 'Ie 'Ie * 'Ie 'Ie * * * 'Ie * * ~ ~* 'Ie 'Ie * 'Ie * * * * * * .* * * * .. * * * * * * * * * * * *. CORPORATE ,ACKNOWLEDGMENT * * * * _ * * * * * * * * * * * * * * * * * * * * * * * * * * * *. * * * * * *. * * * * * * * * *i ,,- .' S ta te of " . County of * . . " ~ * * . . . . ~ . . . ~ * * '. * * * * * * * + * ~ + + + - me,;'*'/; ',,'" '., . '. ~ ~ ,;.1 .'- ,..., '" ,0 persona1'1y known to me *, > " * o proved to, me on the basis of satisfactorY, evide~c,e to · be the person(s) who executed the within instrument as .' or onbeha If of thecorporati on ' , · therein named, and acknowLedged, to me that the corporation · ex'ecuted it. · WITNESS my hand and offici a 1 sea 1. · ' * the undersigned Notary ~ubllc, personally appeared' Notary's Signature + + + + + + + + + + + + ,+ + + ~ ~ + ~ ~ ~ +'4 . . ... .. . , " " . f l c . . 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. r L <, ' . . 799 ," ' 3 . 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: ~. Go dsmith, ~ayor j l \(i.L ,\~, Marjorie K. l./ _.:J) \,!~ l :;L;.~ Wahlsten, City Clerk r l STATE! OF CALIFORNIA COUNTY OF SAN DIEGO . . 800 Resolution No. P-9Q- 96 Page 3 ) ) SS. ) 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 " l).YLk~' !< ;'iL:l!c;t Marjorie K. Wahlsten, City Clerk City of poway'