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