Covenant Regarding Real Property 1991-0077238
DOC-: 1991-0077238
21-~-1991 08=21 AM
SAN DIEGO COUNr{ RECORDER~S OffICE
AHHETTE EVANS. COUHTY RECORDER
RF:' 9.00 "rEES: 17.00
AF: 7.00
Mf: 1. 00
.'
.~.",
r
'"'.
\'
.
1588
" ~ -' 'RECORDING REQUEST. ;BY:
CITY 0F PQWAY
}
)
)
)
)
)
)
)
)
}
)
i
(This space for Recorder's Use)
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P~O. BOX 789
POWAY, CA 92064
,No T,ransfet 'Tax Due
COVENANT REGARDING REAL PROPERTY
Rober,t w,. condie ahd, S. Louise Condie; ,husband and wife as
j,oirittehants (0WNER" herein'after) are ,the owner,s of real property
describedih Exhibit A which is attached hereto and made a part
hereof and which is commonly known as Assessor 's Parcel Number 2 7 5,-
2'70-63. ("PRO'PERT.Y" hereinafter). In consideration of the approval
qf Minor Conditional Us,e;~ermit 90-17 by the City of poway ('''r::ITY''
hereinafter); OWNER hereby coyenantsan9 agrees for the benefit of
,.the' CITY, to abide bycondi tions of the attached resolution
'(Exhibit B).
This Covenant shaD run with the land and be binding upon and'
inure to the benefit of the future owners, encumbrancers,
successors, heirs,perscihal' representatives, transferees and
assigns of the respective parties,
In the event that ,Mi!1Clr Conditional Use Permit 90-17 expires
or is rescindedqy 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
proyisions of this Covenant ,the prevail,ing' pa,rty shall be entitled
to full reimbursement of all costs, includingrc,easonable attorneys I
fees, from the other pa'r,ty. The CITY ma.y, assign to persons
impacted by the performanceo'f this Cov,enant the right to enforce
this Covenant 'against OWNER.
Dated:
~n, /9'1 J
,
,xi.~~~.
oWNER&k;ta 'ze)
~A:f ~(_/t--~
OWNER (Notarize)
Dated':
~ 1'1, /99J
,
Dated:
#;6, II, /1f;/
::" OF~~
(Nol'feed to No arize)
r
,
IP
(
':~" ,~Jl}JTICOH Tn~l. INSURANCE
.-158D
THE LAND ~EFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
i COUNTY, .OF SAN DOlEGq, AND IS DESC,RIBE_DAS FOLLOWS:
Lqr 7,5 OF qn OF POWAYTRACT NQ.JlS-.15 UNlT 3, ,IN'THE, pUV OF POWAV,
COUNTY OF SAN DIEGO, STATE ,OF CAU'FORN I A, AC(';ORDING TO, MAP. THEREOF NO.
12467,FILED IN niE OFFICE OF THE COUNTY RECORDER OF SAN DiEGO COUNTY,
SEPTEMBER ~2. 1989.
AMENDED 1178758-
75
pAGE
T
"
,EHERAk ACKNOWlEDGMENT
*~~'. '. * ":to>,*; ,;,*,-- *. * 111: '/( *
- . .~ ..
1590
the,
" * . . . . " " .' " *~" * " " " * . " " * * "
19tohday of Fe1Jruar~ 19..2.L, before me, "
*
.'
*
*
,*
.
*
*
"
S fate' of'
111: * ~ ;~.* * * *
"On _ i,s the
)SS.
)
.* '*
California
Coun't'y of
San Di ego
, OFFICIAL SEAL
T'McDONOUGH
NOTARY PUBLIC' CALIFORNIA
PR'JNC"IPAt OFFICE IN
.SANDIEGO COUNTY
'1yComm'lssiOfl Exp.-ApriI22.1993
.,
0,
Iti'
o
.
.
.
.
.
t * * 'Ie. *.,. * * * * * * * * ~ * *
T, tltDogough
undersigned Notary. Publ'ic,
persona lly ,appeared
. S, Louise Candie and Roberto H'.Condie
"
" ~
~ 1 '
[ill personally known to me
o proved to me on the basis of satisfactory
to be thE! per,son(s) whose narne(s) ",.~
to 'the within instrument, and acknowledged
execu fed it.
WITNESS my han
lie
Signa
" * *
evidence
subscribed
that 'i-hnu
'.'
'seal.
* '(j
:" d
"-:;:'~"':'" <~~.;::. :'~.
,'* .,..;::&
. ;1" o. ..
. ' "!c '~.:I' .' ~, 11';
,.'. J.
. ...' ;."
1<,
*
* . * '
. ,[
.. *. * * * * * * * * * ... *
f
,
.
!
..'
PART~E~SHIPACKNOWLEDGMENT
'Ie. *,i~:~ ~:* * * * * * * * * * * * * * 'Ie, * * * * * * * * * * * ~ * * * * * * * * * * *~~ * * * *
*.;
*~
.
,.
*
.
.
.
'.'
.
.
"
"
"
;t
'State of
County of
day of
19.
before. me" "
.. ,,"~
"
.,
'I
.'
"
"
On this the
) SS.,
)
, ..
, .:*,<'.:. r,.1O
*,' . ,I
,*. ,.: ""'1'
'.
the unders i gned Nota~yp'ubl ic, persona jly appeared
"
.',~,* .
'. '
" "
*
."
*, '.~
, .',
:..(.. .
[] personally known to me
o proved to me on the basis,o.f satisfactory ev.idence
to be the person(s) who e'xecuted the within instrument
on behalf of the partnershjp,and acknowledged to me that,
the partnership executed it.
WITNESS my hand and offi c.ia'l sea 1.
'.
"." *j:,:'~.~<~'~
{'_1fi\,.(I~., .-:
* ".'
. Notary's Signature "
*' * * * * ., * *- *- * ~ * *- * * ~ * * '.'~ i *' * * * . * * ** * * *. · * * * * * * .* * ~ * * * *~*.
" <-.
. .4, . ,.,,';-;'.:''i':
* 1c *- *- .. *- * '* .. * * * * * * * * * ... *. * *- * * * * * *.. · · *;* * ~,..~~t.:"
On this the --,-day of .19 before me;','" :"',"
l SS. the undersigned NotaryPubli.c, personal1 yappeared ':; ~ :""~~:'~:,~
GoRPORATEACKNOWLEDGMENT
* ,* * ,*'" ,* *,' '-ic . * . * * ,*'. *'
"Stateo.f
.;
:1i
"
.
.
.
.
.
"
.
.
.
.'
.'
.
.
.
~ * ~ * ~ ~ ~..*.. *, * ~ * + +
Cou,nty of'
'. ,I,.,
*
... . <.
t.. ',.,q 'f
,0 persona l,ly known to me . ,;:,,~;>,(:
o proved to, me on the basis of satisfactory ev{denc.e to;. *".,";
be the person(s) who execu,ted the within instrument as * ' ,: .
oronbeQ~l,f of tQe 'corporation," · " ,"
and' 'acknowledged to meAh~at; the corpora t'ion,,' ~:'''' ':
. *' ,.'~"
. .
* . :~LT,J
therein named,
executed it.
WITNESS my hand and
officia 1 sea 1.
*'
:.'
'. :.
" '
~, +
NotarY':5 S,ignature
+ + '+ '+. ,+ ~ :t" +. + '.
.
'. , . "~~t""\;'
..; ...'....' ... ~
.'
+ ,........: ,+ ,..;.
... ... '.
+ ..
...;',~.
,7
r-
t
.
1591.
RESOLUTION NO. P~ 91-07
A RESOLUTION OF THE CI7X COYNCIL
OF THE CITY OF POWAY,CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 90-17
ASSESSOR'S PARCEL NUMBER 275-270-63
WHEREAS, Minor Conditional Use Permit 90-17, submitted by
Robert Condie, applicant, requests approval to add ligh;ts to a
previously approved tennis court located at 13730 Paseo Valle AI.to
in, the RR-B zone; and
WHEREAS, on January 22, 1991, the City Council held a hearing
on the above-referenced item.
NOW, THEREFORE" the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
The City Council finds that this project is categorically
exempt (Class 3) from the California Environmental Quality Act
(CEQA) .
Section 2: Findinqs:
1. That the proposed development is, in conformance with the
poway General Plan and there is a reasonable probability
that the project will be consis.tent with the proposed
General plan in that a lighted~ecreational court is an
accessory use for a single-family res~dence in ,a rural
residential zone and the General Plan designation is RR-
B.
2. That the proposed development will not have adverse
aesthetic, health, safety, or architecturally related
impacts upon adj oiriing properb,es, in that the landscape
installation, lighting design and court materials will
allow the court to be compatible with and' screened from,
surrounding properties.
3. That the proposed development is in compliance with the
Zoning Ordinance, in that it complies with the setbacks,
fence height limit, lighting standards, and all other
property deVelopment standard~ of the RR-B zone.
4. That the proposed development encourages the orderly and
harmonious appearance of structures and property within
the City, in ~hat all surrounding propertieS are under
the same zoning des ignatioil' as the' subj,ect lot and are to
b~ developed as s~ngle-fam~ly r~sidences.
l
l
i
.
1592 .
Resolution No. P-91-07
Page 2
Section 3: City Council Decision:
The City Council he~eby approves Minor Conditional Use Pe~mit
90-17 subject td the following conditions:
1. Wi thin 30 days of approval (1) The Applicant shall submit
in writing that all conditions of approval have been'~ead
and understood; and (2) the property owner shall execute
a Covenant on Real Prope~ty.
2. The use conditionally granted by th1s permit shall not be
conducted in such a manner as to interfere with the
reasonable use and enjoyment of su~rounding residential
uses.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1.
Site shall be developed in accordance with the approved site'
plans on file in the Planning Services Department and the
conditions contained herein.
2.
Approval of this request shall not waive compliance with all
sections of, the zoning Development Code and all othe~
applicable City Ordinances in effect at 'the time of building
permit issuance.
3 .
The appropriate
footings shall
construction.
Building Department approvals for fence
be received prior to the initiation of
4. A landscape and irrigation plan fo~ the area between the fence
and property line shall be submitted to the City for review
and approval prior ,to issuance of a building permit.
Installation of all slope planting and i~rigation shall ,occu~
p~ior to final inspection "by the Building Services Department.
5. All Dew and existing utilities shall be unde~ground prior to
final inspection by the Planning Department.
6. The cou~t surface must be designed, painted, and/or textured
to ~educe the ~eflection f~omlighting to the satisfaction of
the Director of Planning Services. '
7. A maximum of eight lights shall, be perm~ttec1 of a height not
to exceed 22 feet. All lights' ahd lightffxtures shan be
certified by a qualified lighting enginee~ to:
F
l
.
1593
.
Resolution No. P-91-0 7
Page 3
a". Be designed, constructed, mounted, and maintained ,such
that, the light source is' cut off when viewed from any
point 'above five feet measured outside the lot ,at, the lot
line.
b. Be designed, constructed, mounted, and maintained such
that the maximum illumination intensity measured at the
wall of any residential building on abutting property
shall not exceed one-half foot candle above ambient
levels.
c. Said certi.fic;ation shall be provided to the Planning
Services Department prior to the issuance of a grading
plan.
8. Hours of operation for court lights shall be restricted to the
period between 7~DO a.m. and 10:00 ~.m.
9. The minor conditiona1 use permit shall expire on January 22,
1993 if building permits are not issued for this project.
10. If the use of the court negatively impacts surrounding
properties, the City Council may feconsider this minor
conditional use permit and amend the conditions as it'sees fit
or require removal of the lights.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 22nd day of January 1991:
/
,I I.
~,+~~
, J] GOld\i th,
Mayor
"
ATTEST:
,~ !(jUvu-t;:
Marjori K. WahlsXen, City Clerk
\
r
r
t
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
.
.
1594
Resolution No. P-91-0 7
page 4
SS.
I, Marj orie K. Wahls,ten, City Clerk of the City of Poway, do
hereby certify, under the penalty or perjury, that the forego:i;f\9
Resolution, No. p-91-07 " was duly adopted by the CHy Council
ata meeting of said City Council held on the 22nL day of _
,1ilnllilry , 1991, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
REPORT\MCUP9017.RES
EMERY, H IGG INSON, Me INTYRE, SN ESKO, GOLOS~llTH
NONE
NONE
NONE
~ ktJ\)M--3~
Marjdri K. wahlsten, City Clerk
City of poway
':