Covenant Regarding Real Property 2000-0185622:;:tUEST BY:
WHEN RECO TO:
No Transfer Tax Due
1848
RPR 12, 2000 8=10 AM
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&~ 1)IEiO ~ ~'8 0~FICE
FES: 22.00
00- 22
COVENANT REGARDING REAL PROPERTY
Mohrhoff Family Trust, PROPERTY OWNER ("OWNER" hereinafter) is the owner
of real property described in Exhibit A which is attached hereto and made a part hereof and
which is commonly known as Assessor's Parcel Number 314-710-33 ("PROPERTY"
hereinafter). In consideration of the approval of Conditional Use Permit 94-01M,
installation of a smog test station at the Touch of Class Auto Care, 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, heirs, personal representatives,
! r :1 assigns of the respective parties.
In the event that Conditional Use Permit 94-01M expires or is rescinded by City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 of litigation to enforce the p ' ' :this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
Dated: - / D- 9/'o'~
. MO.FI..EHOPF~Y TRJJ~T-~
~g~r A. I~lohrhoff, Trustee (Notarize)
Dated:
CITY OF POWAY
By'.
Niall Fdtz, Director of ~opment Services
C~ALIF~NIA ALL.PURPOSE ACKNOWLEDGMENT
County of
On/~ ~,,-~,t~C~ before me
personally appeared' ~{~J~ ~ r~ hJ~t ~-~
1849
executed t;'j,c.-~me irwin..
and that/b~'~ signatureJ~on
person~)
acted,
OPTIONAL
Description of Attached Document
Title or
Signer(s) Other
Capacity(ies) Claimed by Signer(s)
[] Individual
[]
Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[] Other:
~ Individual
[]
Title(s):
[] Partner -- [] Limited [] General
[] Trustee
[] Other:
Prod. No. 5907
EXHIBIT A
LEGAL DESCRIPTION
1850
PARCEL 3 OF PARCEL MAP NO. 15808, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP ON FILE IN BOOK 89-510338,
PAGES 16808 TO 16813, INCLUSIVE OF PARCEL MAP, COUNTY OF SAN DIEGO,
CALIFORNIA.
APN: 314-710-33
EXHIBIT B
RESOLUTION NO. P-00-! 6
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 94-01(M),
ASSESSOR'S PARCEL NUMBER 314-710-33
WHEREAS, Conditional Use Permit 94-01(M), Adel Ibrahim, applicant, requests
approval to install a smog test ! the two work bays used presently for auto
detailing at Touch of Class Auto Care, located at 14713 Pomerado Road, in Twin Peaks
Plaza, in the C General (CG) zone; and
WHER.'=AS, on February 22, 2000, the City Council held a duly advertised public
headng to solicit from the public, both pre and con, relative to this application;
and the City Council considered the ab :1 item.
NOW, THEREFORE, the City Council does hereby
follows:
The Ci,y Council finds the project to be Categorically Exempt pursuant
to Section 15302 (Class 2) of the C ..... Quality Act because the use will
operate within existing facilities.
The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code for Conditional Use Permit 94-01(M) approving the installation of the smog
test Ih' ' ~l bay in th 1 building, are made as follows:
That the location, size, design, and operating ch of the use are in
accordance with the general plan and the zoning in that a car wash
facility with accessory :ling auto detailing and other related
3atible land use in a CG zone when governed by a conditional use permit.
That the I design, and operating ch "the smog station will
be compatible with and will not have an aC. be materially detrimental
to adjacent uses, buildings, or because it will be located within an
existing work bay' ~ car wash operation where there will be no exterior
change to the facility.
That the I :l operating ch ~ the smog test station will not be
d to the public health, safety, or welfare, or materially injurious to
properties or imp in the area for th :1 above.
That there will be no significant harmful effects upon ~al quality and
natural in that the use will operate within an existing building on a
previously developed site. There are no natural areas on the property. Auto
3tured by the test equipment.
1852
Resolution No. P- 00-16
Page 2
That the g ~traffic will not adversely impact the surrounding, ~/or
the City's Circulation Element, in that the use will o1: 3 developed
property wh ' ' ~ imp :1 sufficient off-street parking
are in place.
That there are no other relevant negative impacts of the use that cannot be
mitigated.
Conditional Use Permit 94-01(M) which will allow the of
one of the two existing auto detail work bays to a smog test station at 14713 Pomerado
Road in the CG zone is hereby approved subiect to the following conditions:
Conditions of approval for Conditional Use Permit 94-01 contained in Resolution
No. P-94-18, approving the car wash and minute lube are included here by
:1 remain in full force and effect.
Within 30 days of approval (1) the applicant shall submit in wdting that all conditions
of approval have been read and understood; and (2) the property owner shall
Covenant on Real Property.
The uses conditionally granted by this approval shall not be conducted in such a
~ lh th 31e use and enjoyment of th :ling
residential and uses.
Approval of this request shall not 31lance with all sections of the zoning
ord' :1 all other applicable City ordinances ' I the time of building
permit issuance.
Eo
The site shall be developed' 'th the approved site plans on file in the
Development Services Department and the conditions contained herein.
The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electdc Code, Uniform Fire
Code, and all other applicable codes and fect at the time of building
permit issuance.
Pdor to any use of the project site for the subject I: . :tivity, all conditions of
approval contained herein shall be completed to the satisfaction of the Director of
Development Services.
1853
Resolution No. P- 00-3.6
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 22nd day of February, 2000.
ATTEST:
·
Lorf Anne Peoples, City Cl~rk
Michael P. Cafagnt
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Loft Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty
of perjury, that the foregoing Resolution No. P- 00-16 was duly adopted by the City
Council at a meeting of said City Council held on the 22nd day of February, 2000, and that
it was so adopted by the following vote:
AYES: HIGGINSON, GOLDBY, EMERY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
pies, C ty CIc[rk
City of Poway