Covenant Regarding Real Property 1997-0257582RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
DO # 1997 - 0257582
03- JUN -1997 08:23-AM
OFFICIAL RECORDS.
G7 SA GREGORY SHITS, COUNTYERECORDERCE
RFr 12.00 FEES: 28.00
AF: 1`.00
Iw flF: 1.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
The Estate of J. Patrick Fleming ( "OWNER" hereinafter) is the owner of real property described in
Exhibit A which is attached hereto and made a part hereofiand which is commonly known as Assessor's
Parcel'Number321- 191 -23 ( "PROPERTY" hereinafter)', In consideration of the approval of Minor Conditional
Use Permit 97 -02 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by conditions
of the attached resolution (Exhibit B).
This Covenant, shall run with the -land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In'the event that Minor Conditional Use Permit expires or is rescinded by City Council at the request
of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.
In the event oflitigation.to enforce the provisions,of this Covenant, the prevailing party shall be entitled
to full reimbursement of all costs, including reasonable attorneys' fees, from the other party.
Dated: Z A2 7
Tate of J. Patrick Fleming (Owner)
J. Patrick' Fleming, Jr., Executor
(Notarize)
CITY OF POWAY
Dated: S'2—/7 By:
. CALIFORNIA ALL- PURPOSPACKNOWLEDGMENT •
State of l IX Y
County of
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a —, Name aeM Title of Officer (e.g., "Jane Doe, Notary Puolic�
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�J personally known to me — OR -❑ proved to me on the basis of satisfactory. evidence to be the person(s)
l \ whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by
atMGOOnmN his /her /their signature(s) on the instrument the person(s),
Commmon# 1130114 or the entity upon behalf of which the person(s) acted,
N"YPJAC—comilifirta executed the instrument.
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OPTIONAL
Though the information below is not required by law, it may prove valuable to _ersons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document.
Title or Type of Document:
i/
Document Date: - Number of Pages: _
Signer(s) Other Than Named Above: ,
Capacity(ies) Claimed bySigner(s) Jr-. igner's Name: �.�la �KOutu c�
❑ Individual
• Corporate Officer
Title(s):
• Partner — ❑ Limited
❑ General
• Attorney -in -Fact
• Trustee
❑l Guardian (C (.orConservator -
Ei; /Other: c K t se / Top of thumb here
Signer Is Representing:
Signer's Name:
El
El
Individual
Corporate Officer
Title(s):
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER;
Top of thumb here
®1994 National Notary Association • 8236 Removal Ave., P.O. Boa 7184 • Canoga Park. CA 91309-7164 Proof. No. 5907 Reorder, Call Toll -Free 1- 800816-6827
163
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THOSE PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP NO. 5067, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 2,, 1976 AS FILE NO. 76-
288883 OF OFFICIAL RECORDS, AS DESCRIBED IN PARCEL B OF CERTIFICATE OF
COMPLIANCE RECORDED AUGUST 31, 1978 AS FILE NO. 78- 374026 OF OFFICIAL
RECORDS. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 1, .MAP 5067, RECORDED
SEPTEMBER 2, 1976; IN SAN DIEGO COUNTY AS DESCRIBED ABOVE; THENCE
NORTH 88 017'59" WEST 503.0.2 FEET BEING THE SOUTHEAST CORNER OF PARCEL
2 OF PARCEL MAP NO. 5067 BEING THE TRUE POINT OF BEGINNING; THENCE
NORTH 39 052'00" WEST 110 FEET; THENCE NORTH 49045'09" WEST 408.00
FEET; THENCE NORTH 00 °- 16'47" WEST 318.,15 FEET TO THE NORTHERLY
BOUNDARY OF SAID PARKER LAND; THENCE NORTH 88 021'02" WEST 442.21 FEET
OF THE NORTHWEST CORNER CF SAID PARKER LAND; THENCE SOUTH 00 015'02"
EAST 654 -.49 FEET TO THE SOUTHWEST CORNER OF SAID PARKER LAND; THENCE
SOUTH 88017'59" EAST 823.00 FEET TO THE TRUE POINT OF BEGINNING;
PARCEL 'B:
AN EASEMENT FOR ROAD PURPOSES OVER THAT PORTION OF PARCEL 3 OF PARCEL
MAP NO. 5067 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 2,
1976 AS FILE NO. 767288883 OF OFFICIAL RECORDS, DELINEATED AND
DESIGNATED AS "PROPOSED 30 FOOT PRIVATE ROAD EASEMENT ".
PARCEL C:
A 5'.00 FOOT STRIP EASEMENT FOR WATER LINE CONSTRUCTION AND' MAINTENANCE
AND RIGHT OF WAY PURPOSES OVER, UNDER, ALONGAAND ACROSS THAT PORTION
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7,
TOWNSHIP 14 SOUTH, RANGE 1 WEST,.SAN BERNARDINO BASE AND MERIDIAN, IN
HE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF. THE NORTHERLY LINE WHICH I& MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE WEST QUARTER OF SAID SECTION 7; THENCE NORTHERLY
ALONG THE WESTERLY LINE THEREOF NORTH 0 075'02" WEST 646.18 FEET TO THE
NORTHERLY LINE OF PARCEL 3 OF PARCEL MAP NO. 5067, FILED IN THE OFFICE
E%HIBIT A
0
170
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 2, 1976 AS FILE
NO. 76- 288883 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING;
THENCE EASTERLY ALONG. THE NORTHERLY LINE THEREOF SOUTH 88 017'59" EAST
1068.88 FEET TO THE WESTERLY LINE OF PARCEL '1 OF PARCEL MAP NO.
10356, RECORDED AUGUST 21, 1980 AS FILE NO. 80- 2.68454 OF OFFICIAL
RECORDS, THE SIDELINES OF SAID 5.00 FOOT STRIP ARE TO BE PROLONGED OR
SHORTENED SO AS TO BEGIN IN THE WEST AT THE WESTERLY LINE OF SAID
SECTION 7 AND TERMINTATE IN THE EAST AT THE WESTERLY LINE OF SAID
PARCEL 1 OF SAID PARCEL MAP NO. 10356.
RESOLUTION NO. P -97 -27 1.71
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 97 -02
ASSESSOR'S PARCEL NUMBER 321 - 191 -23
WHEREAS, Minor Conditional Use Permit 97 -02, submitted by GTE Mobilnet,
Applicant, for the purpose of erecting a cellular telecommunications facility at 14264 Tierra
Bonita Road, at the top of Kent Hill; and
WHEREAS, the City Council has read and considered the application and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve' as follows:
Section 1: Environmental Findings:
The City Council finds that Minor Conditional Use Permit 97 -02 will not result in any
significant impact on the environment and hereby issues a Negative Declaration
with Mitigation Measures.
Section 2: Findings:
The approved project,is consistent with the general plan in that semi - public
facilities are permitted to be located in all - zones,if regulated by a conditional
use permit.
That the location, size, design, and operating characteristics of the project
will be compatible: with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structures, or natural
resources, in that the facility will be located on the north side of Kent Hill,
which is distant from any adjoining homes. The facility is self- contained and
needs minimal maintenance, resulting in very few vehicle trips per year.
That,the harmony in scale, bulk, coverage, and density is compatible with
adjacent uses, in that the facility will not exceed the height of a single - family
home, nor the height of an adjoining AirTouch Cellular facility, and can be
screened from view by landscaping and an arbor.
4. That there are available public facilities, services and utilities for the project.
5. That there will not be harmful effect upon desirable neighborhood
characteristics, in that servicing of the facility will not be required more than
once per month, therefore vehicle trips will be minimal.
EXHIBIT B
• • 172
Resolution No. P- 97 -27
Page 2
6. That the generation of traffic will not adversely impact surrounding streets
and /or the City's Circulation Element, as stated in #5 above.
7. That the site is suitable for the type and intensity of the use, in that it is an
elevated site which provides adequate line of sight for the operation of
telecommunication broadcast and receiving activities. The top of the hill is
level and large enough to accommodate the facility, as well as the installation
of adequate screening materials.
8. That there.will not be significant harmful effects upon environmental quality
and natural resources, in that the area proposed for installation is a cleared
area which is completely disturbed.
9. That there are no other relevant negative impacts of the project which cannot
be mitigated.
Section 3: City Council Decision:
The City Council hereby approves MCUP 97 -02 subject to the following conditions:
Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property
owner shall execute a Covenant on Real Property.
2. The use conditionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and commercial uses.
3. This minor conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of approval
and to address concerns that may have occurred during the past year. If the
permit is not in compliance with the conditions of approval, or the Planning
Services Department has received complaints, the required annual review
shall be set for a public hearing before the City Council, to consider
modification or revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
Resolution No. P- 97 -27
Page 3
1.7 .1
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of approval
shall be submitted to the Planning Services Department prior to issuance of building
permits. If technical interference with the existing telecommunication facility on the
site is documented to show measurable impact, a revised site plan shall be
submitted to the satisfaction of the Director of Planning Services prior to building
permit issuance.
3. Approval of this request shall not waive compliance with all sections of the Zoning
Ordinance and all other applicable city Ordinances in effect at the time of building
permit issuance.
4. The applicant shall restore the access easement to its original condition following
construction of the facility and shall participate in a road maintenance agreement
for the said private easement.
5. This approval shall become null and void if building permits are not issued for this
project within two years from the date of project,approval.
LANDSCAPEIMPROVEMENTS
Complete landscape construction documents shall be submitted to and approved
by the Planning Services Department prior to the issuance of building permits.
Plans shall.be prepared in accordance with City.of Poway Guide to Landscape
Requirements (latest edition).
2. A, Master Plan of the existing on -site trees shall 'be provided to the Planning
Services; Department prior to the issuance of building permits and prior to grading,
to determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be maintained
in a horticulturally acceptable manner. Dead, decaying, or'potentially dangerous
trees shall be approved for removal at the discretion of the Planning Services
Department during -the review of the Master Plan of existing on- site'trees. Living
trees which are.approved for removal shall be replaced on a tree- for -tree basis as
required by the Planning Services Department.
4. AII`landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. The trees shall be encouraged and allowed to retain
a natural form. Pruning should be restricted to maintain the health of the trees and
to protect the public safety. Unnatural or excessive pruning, including topping, is
not permitted.
• •
Resolution No. P- 97 -27
Page 4
]71
EXISTING STRUCTURES
1. Existing building(s) shall be made to comply with current building and zoning
regulations, namely sheds, screens and enclosures, or they shall be demolished,
prior to building permit issuance for this project. (A demolition permit is required).
2. All existing accumulated trash and debris shall be removed prior to issuance of
building permits on the project.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 20th day of May, 1997.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
hereby certify, under the penalty
of perjury, that the_ above and
foregoing is' , -a true and--correct
copy of Resolution No.p7
as adopted by the City Council of
Poway, California on: the �_
day of
MARJORIE K. WAH N;. CITY CLERK
by: o
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that =the foregoing Resolution, No P' -97 -27 , was duly
adopted by the City Council at a meeting of said City Council held on the 20th day
of May 1997, and that it was so adopted by the following vote:
AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorie K. Wahlsten, City Clerk
City of Poway