Covenant Regarding Real Property 2000-0140982DOC .,. 2000-0140 82
RECORDING REQUEST BY:
CITY CLERK
No Transfer Tax Due
TO:
1981
MAR 2i, 2000 8:08 AM
COVENANT REGARDING REAL PROPERTY
Poway Office A LLC, 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 317-810-24
("PROPERTY" hereinafter). In consideration ofthe approval of Conditional Use Permit 99-
20, a request to allow a sublease of 2,500 square feet of an existing 20,374 square foot
office building 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,
:t assigns of the respective parties.
In the event that CUP 99-20 expires or is rescinded by City Council at the request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:
Dated:
OWNER,~L
By: J lJ f 2" -
(Notarize)
CITY OF PQWAY .~ /?
Niall Fdtz, Director of D'e~elopment Services
'cALIFORNIA ALL-PURPOSE'ACKNOWLEDGMENT1 9 8 2
State of
County of
On ~ ir'/
personally appeared
beforeme C ~'/ ~
~.personally
[]1
person~,~
acted,
Description of Attached Document
Title or'
Signer(s) Other
Capacity(les) Claimed by Signer(s)
[] Individual
[]
Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[] Other:
[] Individual
[]
Title(s):
[] Partner -- ~ Limited [] General
[] Trustee
[]
[] Other:
Prod No 5907
1983
EXHIBIT A
Legal Description
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
LOT 51 OF CITY OF POWAY TRACT 87-13 UNIT 1, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12556,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 8, 1990.
APN: 317-810-24
1984
RESOLUTION NO. P- 00-17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 99-20
ASSESSOR'S PARCEL NUMBER 317-810-24
WHEREAS, Conditional Use Permit 99-20, submitted by Poway Office Associates,
LLC, applicant, requests approval of a conditional use permit to allow a sublease of 2,500
square feet of an existing 20,374 square foot office building at 13985 Stowe Drive,
northwest corner of its with Danielson Street, within the Industrial Park (IP)
land use designation of the South Poway Specific Plan; and
WHEREAS, on February 29, 2000, the City Council held a duly advertised public
hearing to obtain testimony both pro and con on the above described item.
NOW, THEREFORE, the City Council does hereby
foltows:
Section 1: Conditional Use Permit 99-20 is categorically exempt from the requirements
of the California E Quality Act, pursuant to Section 15301 (Class 1 for existing
facilities) because the sublease will occur within an existing office building.
Secti, The findings in compliance with Section 17.48.070 of the Poway Municipal
Code for Conditional Use Permit 99-20 are made as follows:
The proposed project is consistent with the General Plan in that it is an office
building located on a property designated for Industrial Park use.
That the location, size, design, and operating characteristics of the proposed use
will be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, residents, buildings, structures, or natural in that the use
has operated at the subject location for the past year and has functioned compatibly
with adjacent I~ ;I developments.
That the scale, bulk, coverage and density :with adjacent uses, in that
the use is operating within an existing office building on a completely developed
site.
Do
That th 31e public facilities, :J utilities to serve the approved
use in that the site is presently developed and served with adequate public utilities,
facilities and services.
That there will not be a harmful effect upon desirable neighborhood characteristics,
in that the office building has operated compatibly with surrounding development
and b the past year,
1985
Resolution No. P~0-17
Page 2
That the g :traffic will not adversely impact the surrounding :l/or
the City's Circulation El ~at Stowe Drive and Danielson S built
with sufficient width and capacity to :late traffic from this site and
surrounding parcels.
That th 31e for the type and intensity of use and development proposed
in that the use will be operating within an existing office building on a completely
developed site.
That there will be no significant harmful effect upon th quality and
natural ' that th 31etely developed and no natural
exist on the property.
That there are no other relevant impacts of the proposed use that cannot be
mitigated.
That the impacts, as described above, and the location of the approved project will
not adversely affect the City of Poway General Plan for ful I as present
development, in that the South Poway Specific Plan provides for multitenant office
buildings at this location with the approval of a conditional use permit.
Section 3: The City Council hereby approves Conditional Use Permit 99-20 to allow a
sublease of 2,500 square feet of an existing 20,374 square foot office building at 13985
Stowe Drive, northwest comer of its intersection with Danielson Street, within the Industrial
Park (IP) land use designation of the South Poway Specific Plan, 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.
The use conditionally granted by this permit shall not be conducted in such a
manner as to interfere with the reasonable use of surrounding industrial and
uses.
Conditional Use Permit 99-20 may be subject to annual review as determined by
the Director of Development Services for compliance with the conditions of approval
and to add that may h :l dudng the past year.
D. The applicant shall obtain a building permit for any necessary tenant imp
1986
Resolution No. P-00-17
Page 3
The office sublease shall not occupy the tenant space until the building permits
required p this permit have been finaled by the City.
Et
The required building permits shall be finaled subsequent to signing a sublease.
Upon establishment of the use in reliance upon this conditional use permit, the
following conditions shall apply:
1. Sufficient parking shall be maintained onsite.
2. Any signs proposed for this development shall be designed and approved in
:h the South Poway Specific Plan Development Standards and
Zoning Ord' :ler a separate sign permit.
3. The new suite shall be identified by an alpha designator (Suite A, B, C, etc.)
under the existing address.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of February, 2000.
ATTEST:
LoCi Anne Peoples, City Clerk
1987
Resolution No. P-00-17
Page 4
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P- 00 - 17 was duly adopted by
the City Council at a meeting of said City Council held on the 29th day of February, 2000,
and that it was so adopted by the following vote:
AYES: HIGGINSON,
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDBY,
EMERY, CAFAGNA
REXFORD
Peoples, City Clerk~
City of Poway