Covenant Regarding Real Property 1988-412603
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412603
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RECORDING REJ;lUEST BY:
CITY OF rowAY
88 AUG ! 9 MilO: I 0
WHEN RECORDED MAIL 'ID:
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CITY CLERK
CITY OF rowAY
P.O. BOX 7B9
rowAY, CA 92064
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No Transfer Tax Due
(This space for Recorder's use)
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CDVENANr REX;ARDING RFAL PROPER'IY
Scott J. Mubarak and Sandra J 0, Mubarak:, ("rnNER" hereinafter) are the owners
of real, property described as Parcel 2 of Parcel ,Map No, 14319, in the City of
POway, County of'San -Diego, State-of California,-fHed' ,in the office of the --
County Recorder of San Diego County, June ,lB, 19B6 as File No. B6-245B70 of
Official Records and which is oornmonly known as Assessor's Parcel NUmber
276-140-10 ("PROPERTY" hereinafter). In consideration of the approval of Minor
Conditional Use Permit BB-IO and Minor Development Review BB-60 by the City of
PcMay ("CITY" hereinafter), rnNER hereby covenants and agrees for the benefit of
the CITY, to abide by conditions of the attached resolution (Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the
benef i t of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
rnNER agrees that OWNER's duties and obligations under this Covenant are a
lien upon the Property.
If either party is required to incur costs to enforce the proVl.SlOnS of this
Covenant, the prevailing patty shall be entitled to full reimbursement of all
costs, incllrling reasonable attorneys' fees, fran the other party. The CITY may
assign to persons impacted by the performance of this Covenant the right to
enforce this Covenant against OWNER.
rnNER2~J m~~/
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rnNER (j
(Notarize)
"Dated":"
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Dated:
Dated: ....J~./J.bU/i! 19ft'"
CITY OF rowAY
By ~ z:~~
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ST~TE OF C~lIFORNJA.
COUNTY OF')c. )~M./ J~/.-9
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OnlCIAL SEAL ~.:
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NOTARY PUBliC. CALlF[)lani'\ ..:
PRI!~C:PAl OFFICE li'J ~
SArJ DIEGO COUNTY ~'.l
My Commission Explre3 Oclober 14. 1989 ~
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ACKNOWLEDGMENT -Corporalion-Wolcotls Form 222CA-X-Rev. 5.82
@t982WOLCOTTS.INC. (pnCtclass8:2)
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-" ,personally nown to me
(er pre"ed to Ole on 'he ha,;' n' ,,'islaclor-y-8\lid6llG&j to be the person>who executed the
within instrument on behalf of the Corporation therein named, and acknowledged to me that
the Corporation executed it.
WITNESS my hand and otfidal seal.
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Notary Public in and tor s { State,
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[J proved to me on the basis of satisfactory evidence '"
to be the person(s) whose name(s) subsCribed ,.
to the wi th in 'i ns trument, and acknowledged tha t ,.
executed it. ,,.
WiTNESS my hand and ofn ci a 1 sea 1. ,.
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1363
~ENERAL ACKNOWLEDGMENT
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this the ~day
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PARTNERSHIP,ACKN6WLEDGMENT
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On this the _ day' of
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~'O,R~ORATE; I\CKNOWL,EDGrrtENT
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Notary's Signature ,.
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the undersigned Notary Public, personally appeared
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to be the pers6nCs,) 'who executed the within instrument
on behalf of the ,partnership, and acknowledged to me th~t
the,pa rtne rshi p executed, i t.
WITNESS my hand and official seal.
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On this the _day of
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the undersigne'd NotarY Publ ie, personally appeared
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on the basis of satisfactory evidence to ,.
wh~ executed the wIthin Instrument as ..
or on behalf of the corporatton ,.
therein named, and acknowledg~d to me that the cor~oratlon ,.,
execUtea it.
WITNESS my hand and offl ci'a:1 seal,
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Notary's SIgnature
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RESOLUTION, NO. 1''' 8',8-78
A.RESOEUTION OF THE. CITY COUNCIL
'OF THE, ,CITY OFPOWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 88-10
ANp MlNQR DEVELOPMEN~E;~:VI]';W88-60
AS'SESSOR'S PARCEL NUMBER 276~140-10
WHEREAS, Minor Conditional Use Permit 88-10, and Minor
DeveLopment RevieW 88...60, submitt~d by S'cot't and Sandra Mub€lrak,
appii,c~nts, niquest :the ,approval to C,onstruct a two story single-
'fami'lyhome' and' two story barn containing a separate ,apartment, at ~
the northern terminus of Old Coach, Way located in the RR-A (Rural
Resideh ti al A') zone; and
?lHERP;A,,;,c;m 'Jll:!;Y i2;, 1988, the City Council held adtily adver-
tised' 'publi,t 'hear'Frig to solic'itcoffiinents from the public, both pro
and con, relative, t6this application.
NOW, THEREFORE,the' City Council ,does hereby resolve as
follows:
Section 1: EnvirOnme'Iital Findinqs:
A Negative Declar-ation is hereby iS,sued with, mitigation
measures r,egarding gr-.€lding, hydrology, flora, and fauna,.
Section 2: Find'inqs,:
1. That the location, size, design"and operating charac-
teristics of' the' proposed ui~ wili be compatible with
and will nota,dversely affec,t, or, 'be materially detri-
mental to ,adj'acent uses, res:iden'ces", buildings, struc-
tures, or nat}ual ,resources" in that 'the use is compatible
with single 'family rural residential development.
2. That the habnoriyin scale, bulk, cover-~ge, and densi ty
is consistent with, adjacent uses" in that the ranch
build'i'ngs ,will be deveLoped on that perbon of the 40'.9
acre site ,which con,tains the ;Hat't'est' area. .
3. That there ate avaiiable pubiic facilities, services,
,and utilities:,
4. That there will n6t be' a harmful effect upon desirable
neighb6rhood chara,cterist;'ics" i'n that the subject:. lot
is very large and the 'proposed use as a ranch is in
keeping wi th the rural, setting.
"EXHIBIT A"
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Resolution No. P- 88-78
~age 2
5.
That the generation oftraffi,c will not adver,sely
impact thE! surrounding street,:<; and/or the City's
Circulation Element because Bhe use remains single-
family only,
6. That the site is suitable for the type and intensity
of use or development which is proposed.
7. That there ~ili not be significant harmful effects upon
environmental quality and natur,al resources, in that an
open spade, e~s~~ent protects the riparian - oak ha~itat.
8. 'That' there ar,eno other r,elevant negative impacts of'the
proposed use that cannot be mi.tigat'ed.
9. That the' impacts, proposed location, srze, des ign, and
operating cha:ract~ristics of the ~roposed use and the con-
di tions under which it would ,be operated or maintained
will not beqetri:mental to thepub'lic health, safety or
welfare, or :ma,terially inj,urious to properties or improve-
ments in ,th'e, vicinity nor be contr,ary to the ad_opted
Gener'alPlan i,rJ. that on-site,facili,ties including proposed
septic and well will be avail:able, to serve the project and
the use is consistent with the General Plan.
10. Tha,t the caretakers quarters are in compliance with each
of the, applicaol!e ,provisions of Ordinance 17.48 (cond'itional
use permit regulations>.
Sect,ion 3: City Council Decision:
The City Counc'il hereby appro,Ve'sMiifor Conditional Use Permit:
88-10 and Minor' Development Review 88,'"'60 subject to the '
following condl t,ions:
1-. Wi,thin, 30 days of approval,:, {,1<> 'ThE:! appli'cag.t.shai 1 sl.lhnii t
in, wiiting thatal'lcond~tions of approval have, been read
and understood;, and Cil 'the property owner shall execute a
Notice, of RestriC,tionon:, Real Property.
2. The appropriate Building Department approvals shall be
~eceived prior to initiation of con~truction.
3. School impact fees at thE! rate of $1.53 per square foot,
or as amended ~or both the main house and caretaker unit,
shall be paid at the t~me Of ~uiiding permit issuance,
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1366
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Resolution No. P- BB-7B
Page 3
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4.
Applican,t shall record a deed restriction which states
that in accordance with Sectibn 17.08.190.C.IO "Either the
main residence or the accessory apartment must be occupi'ed
by the 'owner of the property at all times that eitheri's
held out for rent".
5. This approval shall become null and void if building per-
mits are not issued by July 12, 1989.
6. Park feei shall be paid at a rate of $798 for each living
unit prior to building permit issuance,
7. Newly :graded, slopes in excess of 5:1 shall be landscaped
'as follows:
All slopes, over three feet in height and all areas cleared
of brush during 9rading shall be irrigat~d and landscaped
wi th trees, shr'ubs, and ground cover. Pasture areas
wi thin this category shall, be restored with appropriate
grass cover,. 'A landscape plan 'shall be approved by the
Planning Services Department prior to building permit
issuance.
Public Services
1. A grading plan for the development of the site shall be
submitted to the City's Public Services Department for
review and approval prior to issuance of a grading permit.
2. A leach field layout for sewage disposal system shall be
submitted to the City for approval prior to installation
of leach lines.
Safety Services
1. Roof coverings shall meet Class A fire retardant testing as
'specified in the Uni'foim, Bu'ilding standard's No. 3,2..,7 for
fir,e retardant ro'of covering materials, per City of poway
Ordinance No.'64.
2. Approved numbers or addresses shall be placed on the
building in such a position as to be plainly visible and
legible from the street fronting the property. Said num-
bers shall contr,ast with their background'. Address may be
required at private driveway entrances.
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3,
Each chimney used in conjunction with any fireplace shall
be maintained with a spark arrester.
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1367
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Resol ution No, P- 88-78
Page 4
4.
Every building hereafter constructed shall be accessible
to fire department appar~tus byway of access roadways
with all-weather driving surface of not less than 20' of
unobstructed width, with adequate roadway turning radius
capable of supporting the imposed loads of fire apparatus
and having a ,minimum of 13' 6" of ~~rtical clearance. Th~
road, surface type shall be app~oved by the City Engineer,
pursuant to the City of P6way Municipal Code.
5. The length of the roadway access to the property (Old
Coach ~ay) shall be reviewed by the, City Fire Marshal and
~ity Ehgineer to determin~ if it complies with the above.
6. Dead end, access roadways in excess of 150 feet long shall
be provided~ith approved provis{ons for the turning
around of Fire Department apparatus. Requirements for
dead end and looped accessways are:
Length
Width
Turnarounds Required
*0 - ISO'
20'
None required
ISO' - SOD'
20'
70' diameter cul-de-sac
60' hammerhead
*Curves and t60graphical conditions could alter the
requirements for turnarounds and the width of accessways.
7. This dwelling is being built on a parcel size of 40,9
acres and is beyond 1,000 feet maximum from the nearest
fire hydrant. The dwelling will have to have standby
water for firefighting and/or a residential sprinklet
system. Contact the Fire Prevention Bureau for details.
8 A wate.r storage tank sized to meet the fire flow require-
mentfor all buildings, to be b~ilt no~ and in the future,
shall be con's,tr,ucted prior' to any combustible materials
being bro~ght on site,.
Miscellaneous
A pede.strian/equestrian trail along the road right-of-way shall
be dedicated to the satisfaction of the Director, of Community
Services, prior to Certificate of Occupancy.
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1368
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Re?~lution No. P-88-78
Page :5
ApPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 12th day of July, )988.
ATTEST:
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'1)1(~\~. ,L!"' () l')~:i-\ .tLv-'
Marjorie K. Wahlsteh, City Clerk
STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
I, Marjorie K. Wahl~teh, Cit~ Clerk of the City of Poway. do
hereby certify, under the penalty of perjur,y, that the foregoing
Resol utian, No,. p_ RR-7,R "was duly adopted by the City Council at
a meeting of said City Council held ontqe 12th day of ,Tllly
1988, and that it was so adopted by the follOwing vote:
AYES: BRANNON, HIGGINSON, KRUSE, EMERY
NOES: NONE
ABSTAIN: NONE
ABSENT':, TARZY
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Marjor'ie K. Wahlsten, City Clerk
Ci ty of poway
R/R-7-12,.4-8