Loading...
Item 14 - Expungement of Record Errol J. and Pauline M. Yeager - - AGENDA REPORT SUMMARY - TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager ~ INITIATED BY: John D. Fitch, Assistant City Manage nt Mark S. Weston, Director of Engineerin servic~) Javid Siminou, Senior Civil Engineer DATE: Ninoy Basuil, Associate Civil Engineer~ October 3, 1995 SUBJECT: Expungement of Record of a Notice of Violation Affecting lot 6 and Portion of lot 5, City of Poway Tract No. 4278, Map No. 11326, and Portion of Section 18, T14S, RIW, SBM (APN's 323-430-06 and 323-290-39); Errol J. and Pauline M. YeaQer. Owner ABSTRACT A Notice of Violation was issued to Errol J. and Pauline M. Yeager, owners of the subject property located on Gate Drive approximately 0.50 miles south of Poway Road, for violation of the City's Grading, Drainage, and Watercourse Ordinance. These violations have been corrected to Engineering Services satisfaction and the conditions allowing the Notice of Violation to be expunged have been met. Staff recommends the expunQement of the Notice of Violation. - ENVIRONMENTAL REVIEW This action is not subject to C.E.Q.A. review. FISCAL IMPACI' None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Errol J. and Pauline M. Yeager RECOMMENDATION It is recommended that the City Council adopt the resolution ordering the expungement of record of the Notice of Violation affecting the subject property and direct the City Clerk to record said resolution in the Office of the County Recorder of San Diego. ACTION - OCT 3 1995 ITEM 14 1 OF 11 - AGENDA REPOR1 CITY OF POW A Y This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and discussed separatety. If you wish to have this reJX>rt pulled for discussion. please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager INITIATED BY: John D. Fitch, Assistant City Manage~~ ~ Mark S. Weston, Director of Engineeri~ Servicep' Javid Siminou, Senior Civil Engineer Ninoy Basuil, Associate Civil Enginee~ DATE: October 3, 1995 SUBJECT: Expungement of Record of a Notice of Violation Affecting Lot 6 and Portion of Lot 5, City of Poway Tract No. 4278, Map No. 11326, and Portion of Section 18, T14S, RIW, SBM (APN's 323- 430-06 and 323-290-39\; Errol J. and Pauline M. Yeaqer. Owner BACKGROUND: The subject property is located on Gate Drive approximately 0.50 miles south of Poway Road (Attachment 1) and owned by Errol J. and Pauline M. Yeager. On November 1, 1994, the City Council adopted Resolution No. 94-108 (Attachment 2) ordering the recordation of a Notice of Viulation (Attachment 3) affecting the subject property as a result of violation of the City's Grading, Drainage, and Watercourse Ordinances (City Code Chapters 16.40 and 16.58). These violations are in addition and separate to the State Department of Fish and Game streambed alteration violation. On March 1, 1995, grading plan G 877-94 was approved and a permit issued to correct and document the violations. The grading work has now been completed to Engineering's satisfaction; however, the graded area is not suitable for support of structures. Therefore, a Covenant of Restrictions (Attachment 4) was recorded in the Office of the San Diego County Recorder on February 28, 1995 to describe the portions of the property that are unsuitable for support of structures. This covenant shall remain on record to serve notice to the owners of the property and their successors and assigns of the property's restrictions. ACTION: OCT 3 1995 ITEM 14 , 2 OF 11 -- Expungement of Record or a Notice of Violation Affecting Lot 6 and Portion of Lot 5, City of Poway Tract No. 4278, Map No. 11326, and Portion of Section 18, TI4S, RIW, SSM (APN's 323-430-06 and 323-290-39); Errol J. and Pauline M. Yeager, Owner October 3, 1995 Page 2 FINDINGS: The conditions by which the Notice of Violation could be expunged from record have now been accomplished. The conditions are as follows: 1. Approval by the City of a grading plan (G 877-94), issuance of a grading permit, and recordation of a document identifYing the areas graded as a non-structural pad (Covenant of Restrictions). 2. Rework the grading with an approved grading plan and permit and inspected by the City. FISCAL IMPACT; None. ENVIRONMENTAL IMPACT: This action is not subject to C.E.Q.A. review. PUBLIC NOTIFICATION & CORRESPONDENCE: Errol J. and Pauline M. Yeager RECOMMENDATION: It is recommended that the City Council: 1. Adopt the resolution Ordering the Expungement of Recordation of the Notice of Violation Affecting Lot 6 and a Portion of Lot 5 of City of Poway Tract No. 4278, Map No. 11326 and a Portion of Section 18, TI4S, RIW, S8M (APN's 323-430-06 and 323-290-39), Document No. 1994- 0657794 recorded November 14, 1994, Official Records of the San Diego County Recorder's Office (Attachment 5). 2. Direct the City Clerk to record said resolution in the Office of the County Recorder of San Diego. JLB:JDF:MSW:JS:NB:bw ATTACHMENTS: 1. Vicinity and Location Map 2. Resolution Ordering the Recordation of a Notice of Violation 3. Notice of Violation 4. Covenant of Restrictions 5. Resolution Ordering Expungement OCT 3 1995 ITEM 14 3 OF 11 -',,, ~Q . JRTION OF SECTION 18 \IlI\ll T14S, R1W, SSM :t'1l APN 323-290-39 I--!; Portion of lot 5, Map No. 11326 - ')::, :.::,~5FJ \ . .. \ "\ -'. ", N89-/5 5/~W 2.828.11 rS89-3tJ'€, 2.83/2 PER RO.5 154 ) ~ ' ,,~, rS89'CJe'a:;-E. 2.8213.6' PEk' k'OS 1107) (N89"<<Y,o'w 282870' PEk' POS 345 -, ~-'J:: ""', fN89-4007-W2.82867'PERaOS.3589J ..::> '., " 1.559 dO' ';;>,1 _ ...r- J' / APN 323-430-06 Approximate location of streambed - , 0\ => " '" '" ~ '" / V) C Q: 3 ,I Cl:_ , ~'l " . ~t :g~ (ll II ' Approximate area subject to CO _ _ ~ "'\1) if...... the Covenant of Restrictions rC' - r<\flll). ......... '_---~ 'ti/ -.... ......... . /' \ - f()O ,........ '..... O. '" , ct & t Approximate location of graded pads ~ " .:s: ct "' per G 877-94 C:' z "'~ . /<^ ' ~'?' ~. :l\ /3 If' --~ "' ~~~ ~ '" . ",If> ~<(). " . ~ . "' ~- - - ~-= - <?O (Q .- ,- - ~ ,;::: ,- ~ 8 ;' "'0<<' ,,~. , , ! "- B ' 0<- ~O' \ ~ ! r- <? \ / 15 ! I"; /7 ~'?' /8 I i I \ , /,545.47 N(j(j" 53' 22' W (589"'657 E 2,793.94' OER R 0 5 3589 . 589"2:) 45 'E. 2.79.0. 32 OEO R 05. 3944) LOeA TION MAP NO SCALE "I ~I ~ " '" rJ ~ ~ ,;.\ ~ ~ ,,-\,\. ~ ~ C) P(JW,l/r <? 6,4Rotv 110,40 '\~ ~~ -' ~ . ;-\ , '" ~~ () .. SIT€ VICINITY MAP NO SCALE , OCT 3 1995 ITEM 14 LOCATION MAP & VICINITY MAP ATTACHMENT 1 4 OF 11 - - . - - Resolution No. 94-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ORDERING THE RECORDATION OF A NOTICE OF VIOLATION ON LOT 6 A PORTION OF lOT 5 OF CITY OF POWAY TRACT NO. 4278, MAP NO. 11326, AND A PORTION OF SECTION 18, TI4S, RtW, SBM . WHEREAS, the City Council, in order to serve notice to the public of the violations committed under the provisions of the City Grading, Drainage and Watercourse Ordinances, desires to record a Notice of violation in the Office of the County Recorder of San Diego; and WHEREAS, commencing in the summer of 1990, the property owner started grading work and alteration of the channel streambed in Lot 6 and a portion of Lot 5 of City of Poway Tract No. 4278, Map No. 11326, and a portion of Section 18, T14S, RfW, SBM without obtaining the necessary City of Poway permit; and WHEREAS, the City notified the property owner numerous times to prepare a grading plan, obtain a permit, and correct the violations; and WHEREAS, on April 14, 1994, the property owners civil engineer submitted plans to correct the outstanding issues; and WHEREAS, there has been no effort on the part of the engineer and/or the property owner to facilitate processing the grading plan approval expeditiously. . - NOW, THEREFORE, 8E IT RESOLVED by the City Council of the City of Poway as follows; 1. The City finds that recordation of the Notice of Violation is warranted to serve notice to the public of the violations committed. 2. The City could expunge the Notice of Violation from the record if one of the following items is accomplished: A. Approval by the City of a grading plan, issuance of a grading permit, and recordation of a document identifying the areas graded as a non-structural pad. , B. Rework the grading with an approved grading plan and permit and inspected by the City. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 1st day of November, 1994. r- ~~~~~ on Higglnson, ayo ATTEST: .- OCT 3 1995 ITEM 14 ATTACHMENT 2 5 OF 11 RECORDING REQUESTED BY: ) ULJ " 1994-0657794 ) 14-HOV-1994 02=28 PM CITY OF POWAY h OFFICIAL RECORDS AND WHEN RECORDED MAIL TO: '~\~ 1310 SAH DIEGO COUHTY RECORDER'S OFFICE GREGORY SnITH, COUHTY RECORDER CITY CLERK ) \ FEES: O. 00 CITY OF POWAY ) P.O.-BOX 789 ) POWAY, CA 92064 ) ) No transfer tax due ) (This SDace for Recorder's Use) Tax Parcel No. 323-430-06 ~nd 323-290-39 NOTICE OF VIOLATION The Director of Engineering Services has determined that the property described below have portions graded and the channel streambed altered in violation of the City Grading, Watercourse and Drainage Ordinances (Title 16, Division II and IV, commencing at Section 16.40 and 16.58 respectively of the Poway Municipal Code). PROPERTY DESCRIPTION Lot 6 and portion of lot 5 of City of Poway Tract No. 4378, Map No. 1~326, and a portion of Section 18, TI4S, R~W, SBM (APN 323-430-06 ad 323-290-39). VIOLATION Grading of portions of the property and streambed alteration without a City permit. The area subject to the violation is located outside the scope of work of City grading plan G 209-84. EXPUNGEMENT OF NOTICE OF VIOLATION The City could expunge the Notice of Violation from the record if one of the following items is accomplished: A. Approval by the City of a grading plan, issuance of a grading permit, and recordation of a document identifying the areas graded as a non-structural pad. B. Rework the grading with an approved grading plan and permit and inspected by the City. ENGINEERING SERVICES DEPARTMENT DATE: 1~~/'14- ~S~ Hark S. Westpn, RCE 26847 Director of Engineering Services . ATTACHMENT 3 OCT 3 1995 rTEII 14 6 OF 11 - ~ (}C - -t27- 96 RECORDING REQUESTED BY:. ) . ) C#~ ~-c1l?- 96 CITYOFPOWAY ) _. ) AND WHEN RECORDED MAIL TO: ) ) #95-CDf1?oo CITY CLERK ) CITYOF P.oWAY ) P.O. BOX 789 ) POWAY, CA. 92074 ) ) ) ( This space for Recorder's use ) APN's: 323-43D-06 & 323-290-39 COVENANT OF RESlRICTIONS The undersigned Owners, for themselves, their heirs, successors, assigns, and legal representatives, hereby agree with the City of Poway that the fonowing described real property in the City of Poway, is declared to be unsuitable for the support of structures, and that no structure or structures . shall be constructed or placed unless said area is graded in conformance with the City of Po way Grading Ordinance. - The property subject to this covmant is: ( See attached Legal Descriptions marked Exlnbit "A") ( See attached Plat marked Exhibit "B.) This Covenant of Restrictions shall be binding upon the undersigned, their heirs, successors, assigns, legal representatives, and administrators of the undersigned, and is hereby expressly declared to be enforceable by the City of Po way. TC :t;.i1:v1uff 1995. Executed this S< Lf day of CITY OF POWAY ~V)'~ ~,.~ S L. BOWERSOX, Ci er fOfi~~ 117. Jfa~ PAULINE M YEAGE .. (SigJ'atIlIeS must be notarized. Notary fonn attached. ) 7 OF 11 ATTACHMENT 4 OCT 3 1995 ITEM 14 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 All those portions of land situated in Sections 18 and 19, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, according to the United States Govennnent S~ thereof approved February 24, 1876, being described as follows: B~ at the Southwest comer of said Section 18; the South Line of said Section 18 also being the North Line of Map No. 11326 recorded September 13, 1985 as File No. 85-336840 of Official Records of San Diego County; said line bears North 89" 15' 51" West, all bearings contained herein are relative thereto; Thence North 00" 09' 54" East along the West boundary of said Section 18, a distance of 149.00 feet; thence South 410 04' 57" East 298.97 feet to the Westerly boundary of Parcel B per Certificate of Compliance recorded August 18, 1989, File No. 89-444072 of Official Records; thence along said boundary South 170 50' 091t West 10.00 feet to the Northerly boundary of Lot 6, Map No. 11326; thence along said boundary North 660 06' 17" West 212.00 feet to the Point of Beginning. PARCEL 2 All that portion of land in Lot 6 of City of Poway Tract No. 4278, Map No. 11326, in the City of Po way, County of San Diego, State ofCalifomia, recorded September 13, 1985 as File No. 85-336840 of Official Records of San Diego County, being described as follows: Beginning at the Northwest comer of said Lot 6, being the Northwest comer of Section 19, Township 14 South, Range 1 West, San Bernardino Base and Meridian as shown on Map No. 11326; thence along the Northerly boundary of ~d lot 6 South 660 06' 17" East 223.00 feet; thence South 40 45' 49" East 309.48 feet to the Southerly boWlllary of said lot 6; thence along said boundary South 71014' 16" West 237.00 feet to the Southwest comer of said lot 6; thence North 000 37' 30" West 475.00 feet to the Point ofB~. Legal Description prepared by: ~~. Mike R. Slater, P.L.S. 6706 Date: Jan. 3. 1995. , OCT 3 1995 ITEM 14 8 OF 11 -- EXI7/8/T ";gN "\; tEGAL PcSC,.f"I,P/?,.::?,v ?t.4T , ~ ~ . N' ~ , ~ ~ ~ ~ r't:WT/OA/ or " .s.w //</ .5EC:/8 , 13 N - /"a.g, 'i;- ') "'" r"17ft'Ce.::: Z ~1. g / "'" /,.iJ~ /' "'" ~o/ (,~~ / I / .-/ .IV,,?/, /,,f'E/'A'RE.o 8r: ..5~A'7'E/F s'?//f'J/Er/A/6 ~ _ t:A',v,? r't:A"A/A/4</6 L'tJ5"3 rO'E,If"7'c ~17A/c . ~ c.5COA/P'4?O/ CA" g,!'oz~ . .PA"t7A/c'a-/9/ 7~5-~7.50 .~~ . .IV/A"C';If" <::A'TC'A" /"~.s ~7CJ~ . ,. OCT 3 1995 ITEM 14 I 9 OF 11 ----- -.- __._.uu_.,_. CAUFORHIA ALL-PURPOSE A' - lWLEDGMEHT NQ.S19 - -' , Stateof C~ } - OPTIONAl SECTION - CAPACITY CLAIMED BY SIGNER County of~ ~.A ----""'-........,,'" rdl in the data be'ow. doing so may prow ond~~~reme. ~ to peraons ~on..docunent. r ('. aJ,'/f-e D INDIVIDUAL , . , DATE NANE.. 1lTl.EOFQFRCER-E.G...JANe DOE. NQTAAYPUBUC" , D CORPORATE OFACER(S) , personally appeared C-eJt!o I J,4A1e-..$ YeA.. ~/IL , , . I . _ at: SIGHER(S) l11U(S) I D personally known to me - OR - n:r;;roved to me on the basis of satisfactory evidence D.PARTNER(S) 0 UMnco I ( to be the person{s) whose name(s) is/are . o GENERAL I subscribed to the within instrument and ae- o ATTORNEY-IN-FACT knowledged to me that helshellhey executed o lRUSTEE(S) ( the same in his/her/their authorized o GUAROIANICONSERVATOR I D """"'-.... I "pooHy""'. "., '''' by "',/h.'''b.'' o OTHER: _ T. C. WILKE signature(s) on the instrumentlhe person{s). NOTARYPUBLIC-~FOANIA@l or the entity upon behalf of which the COMM. NO. lGl1 ~ . L . SAN OIEOO~N i person(s) acted. executed the Instrument. SIGNER IS REPRESENTING: MYCOMM. EXP. DI .20, WI . . NAME OF PERSON(S) OR ENT1TY(IES} 1?e SlGNA1\JRE OF NOTARY OPTIONAL SECTION THIS CERTlACATE MUST BE ATTACHED TO TITlE OR TYPE OF OQCUMEIoIT THE OOCUMEIoIT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF OOCUMEIoIT Though the dolo _ed here is not requ;.... by law. . II ClOI.Jkj prewnC fnwdl.Jent reatr.ac:hment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOOATION. 8236 Remmet Ave., P.O. 8ox7184- Canoga Pari<. CA 9130' ::ALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5183 State of ('~~/"'''l'-' } - OPTIONAL SECTION - Countyofcd;,-- ~.--e CAPACITY CLAIMED BY SIGNER ___""'_the_1O fill jn the data below, doing so may prove On";>5'~,6f'rbefOre me -rC h)//l'e invaluable 10 persons relying on the doa.ment. o INDIVIDUAL . DATE . NAME, 1TTLE OF OFACeR. E.G., .JANE DOE. NOTARY PUBl.1C" . personally appeared ~ lA /; /oJ e /lJ A Ii! v ~ ~ e.e- O CORPORATE OFFICER(S) NAME(S) ~ SIGN t TTTlElS} D personally known to me - OR - a;rp;-OVed to me on the basis of satisfactory evidence o PARTNER(S) 0 UMnco - to be the person(s) whose name(s) is/are o GENERAL subscribed to the within instrument and ac- D ATTORNEY~N-FACT ~ S~, knowledged to me that helshellhey executed D TRUSTEE(S) the same in his/her/their authorized o GUARDIANICONSERVATOR capacily(ies). and that by his/herllheir o OTHER: - NOTARYPUBUC.~~11 signature(s) on the instrument the person(s). COMM. NO.1 NTl' - SAN OlEOO COU J or the entity upon behalf of which the l MY CQMM. EXP. OEC. 26, 1998 person(s) acted. executed the instrument. SIGNER IS REPRESENTING: seal. NAME OF PERSON(S) OA ENlTTY(IES) r;ze. SlGNA1\IAE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITlE OR TYPE OF OOCUMEIoIT THE DOCUMENT DESCRIBED AT RIGHT: DATE OF oocu.!W 3 1995 ITEM 14 NUMBER OF PAGES _..._ _ here II not_ by low. SIGNER(S) OlliER THAN NAMED ABOVE .... .....lellt 01" tonn. 10 OF 11 - ~--~----- - - ~-- - - Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ORDERING THE EXPUNGEMENT OF RECORD OF A NOTICE OF VIOLATION AFFECTING LOT 6 AND A PORTION OF LOT 5 OF CITY OF POWAY TRACT NO. 4278, MAP NO. 11326, AND A PORTION OF SECTION 18, TI4S, RIW, SBM, DOCUMENT NO. 1994-0657794, RECORDED NOVEMBER 14, 1994 OF OFFICIAL RECORDS (APN'S 323-430-06 and 323-290-39) WHEREAS, on November 1, 1994, the City Council, adopted Resolution No. 94-108 ordering the recordation of a Notice of Violation for Lot 6 and a portion of Lot 5 of City of Poway Tract No. 4278, Map No. 11326, and a portion of Section 18, TI4S, RIW, SBM for violations of the City Grading, Drainage, and Watercourse Ordinances; WHEREAS, said Notice of Violation was recorded in the Office of the Recorder of San Diego County on November 14, 1994 as Document No. 1994- 0657794; WHEREAS, on February 27, 1995, the City approved grading Plan No. G 877- 4 and subsequently issued a grading permit on March 1, 1995 in conjunction with the violations; WHEREAS, on 'February 28, 1995, the City recorded a Covenant of Restrictions in the Office of the Recorder of San Diego County describing specific areas of the property that are declared unsuitable for the support of structures; WHEREAS, certain conditions were imposed in said Notice of Violation - which need to be accomplished before the violation could be expunged from the record; and WHEREAS, the conditions calling for approval of a grading plan (G 877- 94), issuance of a permit, recordation of a document identifying the areas graded as non-structural pad (Covenant of Restrictions), rework of the grading, and inspection by the City have all been accomplished to the City Engineer's satisfaction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 1. The City hereby declares that the Notice of Violation recorded November 14, 1994 as Document No. 1994-0657794 of Official Records be of no further force and effect. 2. The City Clerk of the City of Poway is directed to cause a certified copy of the resolution to be recorded in the Office of the Recorder of San Diego County. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 3rd day of October, 1995. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk OCT 3 1995 ITEM 14 11 OF 11 ATTACHMENT 5