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Covenant Regarding Real Property 2000-0185622:;:tUEST BY: WHEN RECO TO: No Transfer Tax Due 1848 RPR 12, 2000 8=10 AM EFI[;I~ ~ &~ 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 In the event that Conditional Use Permit 94-01M expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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