Covenant Regarding Real Property 2017-0138608RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
DOC# 2017-0387834
Aug 24, 2017 01:47 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: 554.00
PAGES: 14
(This space for Recorder's Use Only)
This document affects Recorded Document No. 2017-0138608
Record
Covenant Regarding Real Property
NO DOCUMENTARY TRANSFER TAX DUE
This document is being recorded to correct an error in Document No. 2017-0138608,
recorded March 28, 2017 of official records.
Document No. 2017-0138608 was recorded without Resolution P-17-03, Exhibit B and
the Legal Description, Exhibit A has been corrected and re -named.
I, Nancy Neufeld, City Clerk, declare under penalty of perjury under the laws of the
State of California that I am familiar with the facts stated in the foregoing Document No.
2017-0138608 executed for and on its behalf, and that I have read the foregoing Notice
of Completion and know the contents thereof to be true and correct.
Date: August 18, 2017 Q om, 4
c)(/*ufeld, CIVIC, City Clerk
RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 317-101-15
CUP 16.005
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
CIP Poway, LLC, ("OWNER" hereinafter) is the owner of real property commonly known as 13314-
13382 Poway Road ("PROPERTY hereinafter) and more fully described in the legal description attached
hereto as Exhibit A and made a part hereof.
In consideration of the approval of Conditional Use Permit (CUP) 16-005 by the City of Poway
("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in 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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that CUP 16-005 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by CUP 16-005, upon the request of the OWNER the CITY shall expunge this Covenant
from the record title of the PROPERTY and CUP 16-005 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action 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.
OWNER
�ORAUTHORIZED AGENT:
Dated: I 7- 11
CIP Poway, LL Notarize)
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Dated: & a �'r 17
CITY OF POWAY:
By:
o rt J. Mavis, irector Devel ment Services
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of S,„ t o )
On T4me Zz, Zvt7 before me, SsR+- re-seD»+%Ayo C�%fir No �7 f,4i('
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(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 his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
Though
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
NN ROSE DOMMOCREo is true and correct.
COMM, 02147623
WITNESS my hand and official seal.
NOTARYPL�LIC -CALIFORNIA
SOnrnE DIEGO COUNTY
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CanmisSA E»ies Mar 26, 2020 CcT�►F�_
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s): _
17 Partner — ❑ Limited CI General
❑ Individual ❑ Attorney in Fact
ID Trustee LI Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
LJ Corporate Officer — Title(s):
7 Partner — D Limited 77 General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
[D Other:
Signer Is Representing:
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02014 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item 45907
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as follows
PARCEL 1:
THE SOUTH 489.33 FEET OF THE WEST 229.75 FEET OF THE EAST 459:50 FEET OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, E)CC EPTING THEREFROM THE SOUTH 244.665 FEET
THEREOF.
PARCEL 2:
THE SOUTH 244:665 FEET OF THE SOUTH 489.33 FEET OF THE WEST 229.75 FEET OF THE
EAST 459.50 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
Z' @;m F
NON-EXCLUSIVE EASEMENTS AS SET FORTH -IN THAT CERTAIN DOCUMENT ENTTTLED:
"RECIPROCAL EASEMENT 11GREEMENT WITH COVENANTS, ODNDITIONS AND RESTRICTIONS',
C
RECORDED DECEMBER 29, 2009 AS DOCUMENT NO. 2009-0717679 OF OFFICIAL RECORDS.
APN: 317-101-15-00
Exhibit A
Exhibit B
RESOLUTION NO. P-17-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT (CUP) 16-005, VARIANCE (VAR) 17-001, AND
MINOR DEVELOPMENT REVIEW APPLICATION (MDRA)
17-003 ASSESSOR'S PARCEL NUMBER 317-101-15
WHEREAS, Conditional Use Permit (CUP) 16-005, Variance (VAR) 17-001, and
Minor Development Review Application (MDRA) 17-003 were submitted by Mark Hayden,
for Capstone Advisors, Applicant/CIP Poway, LLC, Owner, to establish a preschool for
up to 90 children at 13314-13382 Poway Road, which is zoned Town Center (TC) and is
located within the Poway Road Specific Plan area. The applicant is also requesting a
variance to allow shade structures that would maintain a ten -foot rear yard setback where
a 25 -foot setback is required; and
WHEREAS, on March 7, 2017, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt from the California
Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption, pursuant to
Section 15303(c), in that the project involves the conversion of an existing commercial
building located in an urbanized setting to a new use where only minor modifications are
made in the exterior of the structure. The project does not involve significant amounts of
hazardous substances, all necessary public services and facilities are available, and the
surrounding area is not environmentally sensitive.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 16-005 to establish a preschool for up to 90 children at
13314-13382 Poway Road located in the Town Center (TC) zone and the Poway Road
Specific Plan area, are made as follows:
A. The location, size, design, and operating characteristics of the proposed use are
in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permits Regulations), the General Plan, and the development policies and
standards of the City in that a preschool is allowed in the TC zone with a CUP.
B. 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, people, buildings, structures, or natural resources in that the
proposed preschool will be operated towards the rear of the property in a manner
that it is compatible with the surrounding residential and commercial development,
Resolution No. P-17-03
Page 2
adequate on-site parking will be provided to serve the use, and visual relief of the
outdoor play area will be provided by a new screening wall and trees.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with the surrounding residential and educational development, in
that the project will include the construction of an eight -foot high wall along the rear
property line shared with the adjacent residential zone and the facility has been
designed to comply with all of the development standards of the zone, except as
provided for by a Variance as discussed below.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the proposed preschool will be operated in a manner that will be compatible
with the surrounding residential and commercial development; the project has
been designed to provide adequate on-site parking for the proposed use, and an
eight -foot high wall and trees will be added along the rear property line shared with
the neighboring residential use.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan and a designated area for dropping off and picking up children will be provided
towards the rear of the property.
G. The site is suitable for the type and intensity of use or development in that the
proposed preschool will be located towards the rear of the property away from
Poway Road, will be operated so that it will be compatible with the adjacent
residential and commercial development, and the project has been designed to
provide adequate on-site parking for the proposed use.
li. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed preschool will be located on a portion of the property
that has been previously disturbed and contains no natural habitat.
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
J. That the impacts, as described in subsections A through I of this Section, and the
proposed location, size, design, and operating characteristics of the proposed use
and the conditions under which it would be operated or maintained will not be
detrimental to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan; and
Resolution No. P-17-03
Page 3
K. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for an approved variance.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code, to approve Variance 17-001 to allow shade structures within the
playground area to maintain a ten -foot rear yard setback when a 25 -foot setback is
required for properties in the TC zone when bordering a residential zone, are made as
follows:
A. That there are special circumstances applicable to the property and because of
this the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances include that the shade structures will be
located adjacent to a large apartment parking lot and at least 45 and 65 feet away
from the nearest residential building and active outdoor area; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in that there is another
nearby preschool in the TC zone with shade structures in its outdoor play area;
and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in that the shade structures will be open on all sides and a new
eight -foot high wall and new trees along the north property line shared with the
neighboring residential use would partially screen and provide visual relief of the
shade structures; and,
D. That granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
there is another nearby preschool located within the TC zone which has shade
structures in its outdoor play area; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the TC zone because a preschool is permitted with approval of a
CUP and preschools commonly have outdoor play areas with shade structures;
and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 4: The findings for MDRA 17-003, in accordance with PMC 17.52.010
Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible and in scale with
surrounding development. Therefore, the project respects and recognizes the
interdependence of land values and aesthetics to the benefit of the City.
Resolution No. P-17-03
Page 4
B. The project has been designed to minimize impacts on surrounding development
in that the simplistic design, and exterior finish and colors will blend visually, and
be compatible with the surrounding commercial buildings and residential
development. Therefore, the proposed development respects the public concerns
for the aesthetics of development, and encourages the orderly and harmonious
appearance of structures and property within the City.
C. The granting of the MDRA would not be materially detrimental to the public health,
safety, or welfare within the community since the proposed project involves only
the construction of shade structures within a proposed playground area on a site
that is already served by or can be served by adequate infrastructure.
D. The project has been designed to be consistent with development in the
surrounding area in that the simplistic design, and exterior finish and colors will
blend visually and be compatible with the surrounding commercial buildings and
residential development. Therefore, the proposed development respects the
public concerns for the aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health, and safety,
or an architecturally -related impact upon adjoining properties, in that the light and
airy design and color of the shade structures will be visually compatible with the
surrounding commercial buildings and residential development.
F. The design of the proposed development is consistent with all elements of the
Poway General Plan, as well as conforming with the applicable provisions of the
Zoning Code.
Section 5: The parties are hereby informed that the time within which judicial
review of this decision must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
Section 6: The City Council hereby approves CUP 16-005, VAR 17-001, and
MDRA 17-003 to establish a preschool for up to 90 children at 13314-13382 Poway Road,
and the installation of shade structures that would maintain a ten -foot rear yard setback
where a 25 -foot setback is required as shown on the approved plans on file with the City,
subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City may
elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
Resolution No. P-17-03
Page 5
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the matter.
However, the applicant shall not be required to pay or perform any settlement
unless such settlement is approved by applicant.
B. Approval of this CUP, VAR, and MDRA request shall apply only to the subject
project and 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.
C. Within 30 days of the date of this approval, and before the issuance of any permit:
(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
Regarding Real Property. In order for the City to prepare the Covenant the
applicant must first submit a legal description of the subject site.
D. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
E. The conditions of CUP 16-005, VAR 17-001, and MDRA 17-003 shall remain in
effect for the life of the subject use ,and shall run with the land and be binding upon
future owners, successors, heirs, and transferees of the current property owner.
F. CUP 16-005 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
G. The applicant shall obtain a Building Permit prior to installation of the facility. Prior
to issuance of a Building Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
2. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
3. Improvement plans prepared on a City of Poway standard sheet at a scale
of 1" = 20', unless otherwise approved by the City project engineer, in
accordance with the submittal and content requirements listed in the Poway
Municipal Code shall be approved. Submittal shall be made to the
Resolution No. P-17-03
Page 6
Department of Development Services Engineering Division for review and
approval. The improvement design shall be 100 percent complete at the
time of submittal and ready for approval. The plan shall include, at a
minimum, the following features:
a. A water main, including fire hydrant, to service the project.
b. The abandonment of any existing utility stubs to the project site that
are not utilized in this development.
4. The project requirements for fire protection call for the installation of one
fire hydrant and expansion of the public water system necessary to support
the installation of the hydrant. A water system analysis is required for final
design of the proposed public water system expansion and shall be
completed prior to the approval of the improvement plans. Applicant shall
pay for the cost of preparing the analysis prior to submittal of improvement
plans.
5. Any existing and proposed public easements shall be depicted on the
improvement plans. A plat and legal description for a minimum 20' wide
water easement shall be submitted to accommodate the public water main
on the project site. The proposed public water easement dedication shall
be submitted with the improvement plans. The current fee for easement
submittal is $770.
6. The Public Improvement plan shall be approved. The applicant shall enter
into a Standard Agreement for public improvements for the work to be done
as part of the Public Improvement plan. The applicant will be responsible
for posting securities for public improvements in accordance with the Poway
Municipal Code Section 16.20.
7. Any private improvements within any publically held easement or right-of-
way may require an encroachment agreement as determined necessary by
the City Engineer. All necessary encroachment agreements shall be
approved and executed prior to building permit issuance.
8. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on
the building plan site plan and be appropriately sized for the proposed level
of development.
9. A minimum cash security for erosion control for $2,000 is required.
10. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$2,636.
Resolution No. P-17-03
Page 7
11. The applicant shall attend a pre -construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a City
standard form available from the City's project engineer.
The applicant's action plan that identifies measures to be implemented
during construction to address erosion, sediment and pollution control will
be discussed. Compliance for sediment control shall be provided as
directed by the project inspector.
12. During construction, erosion control shall be installed and maintained by the
developer from October 1 to April 30 annually. The developer shall maintain
all erosion control devices throughout their intended fife.
13. Landscape and irrigation plans shall be submitted and approved for the
outdoor play area and adjoining landscape planters. The plan shall show
all fencing and shade structures. The landscape and irrigation plans shall
demonstrate compliance with the City of Poway Landscape and Irrigation
Design Manual, Chapters 17.07 and 17.41 of the Poway Municipal Code
(PMC), and all other applicable standards in effect at the time of landscape
and irrigation plan check submittal. This includes but is not limited to the
submittal of an irrigation audit report, pursuant to Section 17.41.110 of the
PMC, prior to final inspections/issuance of a Certificate of Occupancy.
The landscape and irrigation plan submittal is a separate submittal from
other project plan check submittals, and is made directly to the Planning
Division. Contact the Planning Division for copies of applicable City
standards, the landscape and irrigation plan submittal checklist and the plan
review fee worksheet. Landscape and irrigation plan review fees are
required and are the responsibility of the applicant. Any landscaped areas
within the adjacent public right-of-way shall be permanently and fully
maintained by the owner. Any existing irrigation and landscaping within any
designated Landscape Maintenance District (LIVID) and Land Development
Association areas shall be protected.
14. A trash enclosure with solid gates and roof covering shall be provided to the
satisfaction of the Director of Development Services.
H. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
1. The applicant is required to meet all applicable Poway Municipal Code and
California State Fire and Building Codes for this project. The applicant is
encouraged to contact the Division of Fire Prevention at (858) 668-4473 to
set up a meeting prior to submitting building plans in order to review project
requirements.
Resolution No. P-17-03
Page 8
2. Installation of a water main and new fire hydrant is required as illustrated on
plans and approved by the fire department.
3. Roof covering shall be fire retardant as per Section 15.04.050 of the Poway
Municipal Code, and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
4. An approved fire alarm system shall be installed in accordance with the
California Fire Code and NFPA 72. Smoke detectors shall be installed in
every room used for sleeping or napping. A separate plan submittal, review
and fee may be required.
5. Fire Department access for use of fire -fighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
6. Dead-end access roadways in excess of 150 -feet long shall be provided
with approved provisions for turning around of Fire Department apparatus.
Curves and topographical features could alter the requirements for
turnarounds and the width of access roadways.
7. Permanent access roadways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
Prior to issuance of the Certificate of Occupancy:
1. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from appropriate City departments will be required.
(Engineering)
2. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead utilities
shall be permitted.
3. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility services
shall be placed underground.
4. The applicant shall repair, to the satisfaction of the City Engineer, all
damages to public improvements caused by construction activity from this
project.
J. Upon establishment of the preschool, pursuant to CUP 16-005, VAR 17-001, and
MDRA 17-003, the following shall apply:
Resolution No. P-17-03
Page 9
The use of the facility shall be limited to preschool activities as described in
the application.
2. The activities of the preschool shall not occur in such a manner as to create
adverse impacts on the circulation and parking on surrounding public
streets.
3. The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise, and shall comply with noise standards
contained in Chapter 8.08 of the PMC. At no time, shall noise from any
source exceed the noise standards defined in the PMC.
4. The parking areas and driveway shall be well maintained.
The owner or operator of the facilities shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this Permit.
6. Any signs proposed for this development shall be designed and approved
in conformance with the Poway Municipal Code and require the approval
of a separate Sign Permit.
7. All landscaping, including areas within the adjacent public right-of-way, shall
be adequately irrigated, and permanently and fully maintained by the owner
at all times in accordance with the requirements of the City of Poway
Landscape and Irrigation Design Manual. 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. Trees
should be trimmed or pruned as needed to develop strong and healthy trunk
and branch systems. Tree maintenance and pruning shall be in accordance
with "American National Standard for Tree Care Operations" latest edition
(ANSI A300). Trees shall not be topped and pruning shall not remove more
than 25 percent of the trees' leaf surface.
Section 7: The approval of CUP 16-005, VAR 17-001, and MDRA 17-003 shall
expire on March 7, 2019, at 5:00 p.m. unless, prior to that time, a Building Permit has
been issued and construction on the property in reliance on the CUP approval has
commenced.
Section 8: The parties are hereby informed that the time within which judicial
review of this decision must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
Resolution No. P-17-03
Page 10
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 7th day of March 2017.
Steve , Mayor
ATTEST:
Nanc a fe d, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-17-03 was duly adopted by
the City Council at a meeting of said City Council held on the 7th day of March 2017, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
G�Fe'�GIQi
Na cy Aeuteld, CMC, City Clerk
City of Poway
RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 317.101-15
CUP 16-005
DOC# 2017-0138608
I II ISI IIIII IIIII VIII II II 111111 IIIII SII I VIII III III VIII IIII I III
Mar 28, 2017 11 12 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES. $21.00
PAGES.3
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
CIP Poway, LLC, ("OWNER" hereinafter) is the owner of real property commonly known as 13314-
13382 Poway Road ("PROPERTY hereinafter) and more fully described in the legal description attached
hereto as Attachment A and made a part hereof
In consideration of the approval of Conditional Use Permit (CUP) 16-005 by the City of Poway
("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in the
attached Resolution (Exhibit A)
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that CUP 16-005 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by CUP 16-005, upon the request of the OWNER the CITY shall expunge this Covenant
from the record title of the PROPERTY and CUP 16-005 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action 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: 3 rb l7
Dated: 3 1 h1l
OWNER:
00 A
CIP Poway,(Notarize)
1-7-030
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as follows:
PARCEL 1:
THE SOUTH 489.33 FEET OF THE WEST 229.75 FEET OF THE EAST 459:50 FEET OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING THEREFROM THE SOUTH 244.665 FEET
THEREOF
PARCEL 2:
THE SOUTH 244:665 FEET OF THE SOUTH 489.33 FEET OF THE WEST 229.75 FEET OF THE
EAST 459.50 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
PARCEL 3:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED:
"RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS",
RECORDED DECEMBER 29, 2009 AS DOCUMENT NO. 2009-0717679 OF OFFICIAL RECORDS.
APN: 317-101-15-00
EXHIBIT A
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
-validity of that document.
State of California
County of SA^ pry, t
On M,4 /, (r 16 2o17 before me, ,Pose aMIA90 Gr✓.fa � �o{Ay Po��<
(insert name and title of the officer)
personally appeared f11iz k's
who proved to me on the basis of satisfactory evidence to be the person(s) 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 his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
�wN nose oowwoo cavo
WITNESS my hand and official seal. S COMM #2147623
NOTARY PUBLIC • MWOMM
SAN DIEGO COUNTY S
Cmmis*n E*im Mar 28, 2020
Signature (Seal)