Covenant Regarding Real Property 1988-660871
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88 66;;01",1
RECORD,I'NG REQUEST BY:'
G ITYbF "owAy
WHEN ,RECORDED MAiL TO:
CITY CLERK
~ ITY OF POWAY
P,.;Q\, BO~ 789, ,
pbWAY, CA 92064
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COVENANT REGARDING REAL PROPERTY
Merrie Ann :Jarvis (",OWNER"hereinafted ,is the owner of realproper':ty
described as the norfnwesj; quar,ter of the southeCist 'quarter and the east half of
th~ nor1;h~a~t quarter ,of~he~,outhwest quarter. of Section. 33" Towrlshfp H56uth,
Rilnge 1 West;, San Bernar;d i,no Base and Meridian, in the COunfY of San Diego,
State of Ca liforni:a accord,i ng to Uni ted States GovernlT)ent Survey anf! theappur-
tenances thereto is commdnJ}i known as Assessor's Parcel, NUlJ1.ber27;8-201J-04
("PROPERTY" he~einilfted. try c()ns,ideration of the, approva" of Minor Con(jitional
Use Permit' and Min()r Dev~JoP.1]1e"n:t.Revi ew 88-7tby the ,City of Po way ("CIJl"
here.fnafter), OWNER h~~,eby'c,ovenants and agrees, fOl"the benefit 'ofth'e GITY, to
abide by conditions of the, attached resol'ution (Exliibit A).
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This Covenant shall 'run with the land and be, bi,ndimg: upon and inure to the
benefit of the future <iY'ne~s" encumbrancers ,successors ,hei rs,personal
representati ves, transferees and ass i gns of the' r;espe'ct; ve parties.
,OWNER agrees that OWNERis duties and obliga:tions u'nder this Covenant are' a
lien upon the Property. -
If ei the I" party i:sr;e,quj red to i ncu I" costs to enforce the provi s.i on s of th.is
Covenant, the prev,a,i1.i:,ng'party shall be enthl'ed to full reimbursement of an
cosj;s, including reasonable: attorneys' fees, fr:om the other partj. The CITY may,
ass:ign to persons impacted,'by the performance of this Covenant the right to
enforce this Govenant,against OWNER.
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(Notari ze)
Dated:;: ' ,/o)~~Uc?
Dated:
December 9, 1988
CITy OF POWAY
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By ~, ZJ_:~~r-(0Hdt,~
(No need to/Notpnzel
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GENERAL ACKNOWLEDGMENT
'0.717
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State of r0ftP-1/J't.u7)
County of ~a....x (~"'o)
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On this the ~ day of ,~fVn10 A) 192f. before me,
2..+~lCla So< e Ne.I&:u\.)
the undersigned Notary Public, personally appeared
merr"e. AI\)I\J -:So.r-\11~
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~'., OFFJCIAC SEAL~:]
) /,1;-,".1,',';\ PATRICI,~ SU'3 NELSON
)1 b,B'ow.,,"";' -j.\ r'WTPRY Fll:~1 w - ('~L":()'-i.NI'; i
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~ j3ersoFlall) I{Flann ta ff1C
Rproved to me on the basis of satisfactory evidence
to be the person~whose nameW (,)(1 S. subscribed to the
within instrument, and acknowledged that S'~ executed it
WITNESS my hand and official seal.
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Nary's Signature
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7110122
NATIONAL NOTARY ASSOCIATION' 23012 Ventura Blvd. . P.O. Box ~625 . Woodland Hills. CA 91364
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0718
RESOLUTION NO. P- 88~86
A RESOLUTION OF THE CITY COUNCIL
O~ THE CITY OF POWAY, CALIFORNIA
APPROVING MiNOR CONDITIONAL USE PERMI-T 88-09
AND MINOR DEVELOPMENT REVI:EW 88-77
ASSESSOR'S PARCEL NUMBER 218-200-04
WHEREAS, Minor Conditional Use Permit 88-09, an Minor
Conditional Use Permit 88-77, submitted by Merrie Ann Jarvis,
applicant, requests the approval to construc.t a single-story main
residence and detached caretaker residence for the property located
in the northwest q0arter of the southwest quarter and the east half
of the northeast quarter of the southwest ,quarter of Section 33,
Township 13 south, Range 1 west, San Bernardino Mer idian, in ,the
County of San Diego" S'tate of California according to U.S.
Government Survey and the appurtenances thereto; and
WHEREAS, on August 2, 1988, the City Council held a duly adver-
tiseq public hearing to solicit comments from the public, both pro
and con, ielative to th~s application.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findings:
A Negative Declaration is hereby issued with mitigation
measures regarding grading, hydrology, transportation and
aesthetics.
Section 2: Findings:
1. That the location, size, desi~n, ahd operating charac-
teristics of the proposed use wfll be compatible with
and will not adversely affect or be materially detri-
mental to adjacent uses, residences, buildings" struc-
tures, or natural resources, in that the use is compatible
with single family rural residential development.
2. That the harmony in scale, bulk, coverage, and density
is consistent with adjacent uses, in that the residence
buildings will be developed on that portion of the 64 acre
site which contains the flatt,est area.
3. That there are available public facilities, services,
and utilities and private septic and water supply.
4.
That there will not be a harmful effect upon desirable
neighborhood, characteristics.., in that the subject lot
is very large and the proposed use as a residence is in
keeping with the rural setting.
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Resol)ltion No. P-88-86
Page 2
5. That the generation of t:::affic will not adversely
imDact ~he surrounding streets and/or the City's
Ci~culation Eiement because the ~se remains single-
family:only.
6. That the s,ite is suitable for' the type and intensity
of use :o~ development which is proposed.
7. That tl1erewill not be signifi'cant harmful effects upon
environmental quality and natural resources.
8. Tnat there are no other relev,,!n,t ,negative, '1mpacts of the
proposed use that cannot be mi tiga ted .
9,. That :the impacts, 'proposed loca tion"s'i ze" design, and
operating cnaracteristics of the proposed use and 'the con-
cli tions u'nder which it \'lOuld be 'operated or maintained
will not :he detr,imentalto th'e public 'health, safety or
welfare, or. mated,ally inju'rious to properties or irriprove-
mentsin tne vicinity nor be contrary to the adopted
General Plan in that on-site faqilities inCluding proposed
sept:rc and ,well will be availa'bl'e t'o serve the project and
the use is consistent with the General Plan.
10. That thecaietakers quarters are in ~ompliance with each
of the appli~able provisions of Drdinance 17.48 (conditional
use permit regulations).
Section 3: C:ity Council Decision:
The C:ity Council hereby approves Minor Conditional Use Permit
88-09 ,and Minor D,eve'lopment Review 88-'77 subject to the
followingcondi~ionSi
1. Within 30 days of approval: (1) The applicant shall submit
in 'writing 'tna,t all conditions of approval have been, read
a'n'd uhde'rstood; and. (2) the property own~r shall execute a
Notice bf Restriction on Real Property.
2. The appropriate Building Department appro,,,a'is shall be
received prior to initiation of const'rhction.
3. S,cho'bi impa'ct fees a t the rate of $1. 53 per square foot,
or as amended, for both the main house and caretaker un,i t,
shall be paid at the t{me of :building permit issuance.
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Re,so;Lutd!on No, P- 88-86
Page 3
4; Applicant shalt re'cord a, deed res',tric,tion whi'ch
aCKnowledges that' Poway Municipal iCode restricts theabi-
lity to rent the property.
5. 'This approval shall become null a,,nd void if building pe,r-
mi ts ar'e hot Issued by Augus t 2, 1989.
6. Park fees shall be paid at a rate of $798 and traffic
mitigati'on at $990 for each living unit prior to building
permi"t i<ssuance.
7. Newlygr'aded, slopes in excess of 5:ilsha,11be landscaped
a's f'ollows:
All slopes over, three feet in height and all areas cleared
of brush' during grading shall be irrigated and landscaped
wi th tiees:" shru'bs, and ground','cover. A landscape plan
shall be approVed by the Plann'in'g Services Department
prior to building per'mit issuance, and all required
landscaping and irrigation shall be installed and approved
pr ior ,t.o o,ccupancy of the f i rS,t, bui Iding. Transi Uonal
plan,ting ,utili,zing native species shall be employed
wherever practical.
Communi ty S'erv,ices
Applicant shallciedicate and improve ,the master plan of trails -
that segment ad'j'ae:ent to the prope'r,ty frontage along Coyote
Creek Trai 1 - to the sa ti s f action of ,the Director of Coriununi ty
Services.
Public Serv,:ices
1. A gr,ading' plan, for the developmerit of the site shall be
stibmi tted to the City's Public Ser.vi'ces Department for
r,eViewand 'approval pi ior to issuance of a grading permi t.
2. A leach, field layout for sewage disposal system shall be
submitted totne City for aporoval prior to installation
of leach lines.
3. Coyote Creek Trail and Quail Moun,tain Road cont:iguous '"",ith
the prpperty boundary shall b,e improved to the City I S
Priv,ate Road standards in effect at, the time the residence
is c'ompleted. It shall 'be e:'Oinpleted prior to issuance of
the residence's Certificate of Occupancy.
4. The app;L'i'cant shall contribut.e its pro rata share for the
futllreiljTlprovement to Runn'ing Deer Trail and M'ina de Oro
Road. payment to the Citycif 'said share shall be made
prior to 'issuance of a build'ingpermit.
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0721
ResollRibn No.:. P- 88-86
Page A
,Sa.fety Services
1. Roof covertngs shall meet Class A ~ire retardant testing as'
soeci~ied in the Uniform Building Standards No. 32~7 jor
fire retardant roof covering mateorials, per City 'of poway
Ordinance ':10. 64 . "
2. Aooroved humbers or ,add,resses shall be placed on the
b0ildiClg iCl such a position as, to be plainly visible and
legible from the street fronting ,the' property. Said num-
bers shall contrast ',.,ith their backgroilnd. Address will be
required at private driveway e~ttances,.
3, Each chimQey us,ed in conjunctiO!1' "",i:'th any fireplace shall
:be maintai'Cle'cl wi th a spark arres,ter.
4.,
Every build'ing' hereafter constructed shall be accessible
to f i redepaor,tl1!en t apparatus by ~ay of access roadways
',.,ith all-wea"ther driving surface of not less than 20' of
unobstructed, width, wi,th adequac-e roadway tuorning radius
capable of supporting the imposed loads of fire ~pparatus
and having a minimmu of 13' 6" oJ vert,ical clearance, The
road surfac~ type shall be approved by the tity ~ngineeor,
pursuant to the City of poway Municipal, Code. Access is
considered from Highway 67 to the private driveway.
5. Dead end acc,ess roadways in eX;::,ess of 150 feet long shall
be provided with approved provision~ for the turning
around of Sire Department appara'tus'. Requirements for
dead end and looped accessways are:
Length
width
Turnarounds Required
*0 - 150,'
15 0' - 5'0 0 i
20'
None required
20'
70' diameter cul-de-sac
60' hammerhead
Pr,iva'te dr'1'Ve';'ays are required to be minimum' 12 feet ih
width,.
*Curves and topographical conditions could alter the
requir,emen,-s, for, turnarounds and the '"idth of accessways.
A turnaround is required.
6.
This dwelling is bei'ng built on a parcel size of 64 acres
and is beyond, 1,000 feet maximum from the nearest fire
hydran't. The dwelling and caretaker unit will have to
have shindbywater for fir,eTighting and/or residential
sprinkle-r' systems. Contact the Flre Prevention Bureau for
deta:i Is".
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Resolution No. P- ,88-86
Page 5
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A water storag~ tank sized to meet the fire flow requlre-
ment fora'l'l :Suiidings, to be built now and in the future'"
shall be ton'strutted prior to any combustible mat,er,ials
being brought, on site.
ApPROVED and ADOPTED by the City Council of the City of powa'l,
State of California, this 2nd day of August, 1988.
'A'rTEST:
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!{ciber't C. Emery', MaY~'
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MarJorie K. Wahlste"n",City' Clerk
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
I, MarjorieK. Wahlsten, City Cler'k of the Ci,ty of Poway, do
hereby certify, under the penalty of perjury', that the foregoing
Resolution, NO.,P-88-8,6, was duly adopted by the City CO,UflCii at
a meeting of s'aid Cic'cy Council held on the 2nd day of August
1988, and that H was' so adopted by the following vote:
AYES: BRANNON , HIGGINSON ,KRUSE, TARZY, EMERY
NOES': NONE
ABSTAIN: NONE
ABSENT: NONE
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Marjohe K.Wahlsten, City Clerk
.-" City of 'Poway
R/R-8-2.l-5