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Covenant Regarding Real Property 2017-0511980RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 APN: 317-280-68 CUP: 17-014 DOC# 2017-0511980 IIIIII ILII VIII VIII IIII IIIIII VIII VIII VIII VIII VIII VIII IIII IIII Nov 02, 2017 10:04 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $30.00 PAGES: 6 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Poway Stowe Properties LLC, ("OWNER" hereinafter) is the owner of real property commonly known as 13610 Stowe Drive and Accessor Parcel Number 317-280-68 ("PROPERTY hereinafter). In consideration of the approval of Conditional Use Permit (CUP) 17-014 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 In the event that CUP 17-014 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 17-014, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 17-014 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 OR AUTHORIZED AGENT: Dated: Pamela Cooke (Notarize) Member of Poway Stowe Properties, LLC Dated: /0 7 CITY OF OWAY: By: Koblerti. Manis, D&ct6rof Services Exhibit A RESOLUTION NO. P-17-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17-014 ASSESSOR'S PARCEL NUMBER 317-280-68 WHEREAS, an application has been submitted, on behalf of Coleman World Group, requesting approval of a Conditional Use Permit (CUP) to establish an outdoor storage area at 13610 Stowe Drive, in the Light Industrial (LI) area of the Poway Business Park; and WHEREAS, on October 3, 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 City Council finds that the proposed project is covered by the certified Final Environmental Impact Report (EIR) dated July 30, 1985, and the Final Subsequent EIR dated July 26, 1988, for the South Poway Specific Plan (SPSP), therefore, additional environmental review for this project is not required. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) for CUP 17-014, are 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 outdoor storage is allowed in the LI zone with a CUP and the storage has been situated on the site to minimize its visibility. 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 outdoor storage has been situated to minimize its visibility. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with the surrounding development, in that the outdoor storage has been situated so that it does not obstruct required on-site parking or emergency vehicle access. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use. Resolution No. P-17-19 Page 2 E. There will not be a harmful effect upon desirable neighborhood characteristics in that the outdoor storage has been situated to minimize its visibility. 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 in that this use will not generate more traffic than that associated with a typical industrial use. G. The site is suitable for the type and intensity of use and development, in that the project site will be developed with industrial building and establishment of the outdoor storage will not generate more traffic than that is associated with typical industrial uses. H. There will not be significant harmful effects upon environmental quality and natural resources in that the site is currently fully developed 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. K. That the proposed conditional use will comply with each of the applicable provisions of this title. Section 3: The City Council hereby approves CUP 17-014 to establish outdoor storage on the site located at 13610 Stowe Drive, as shown on approved plans on file at the City, subject to the following conditions: A. Approval of this CUP shall apply only to the subject project and shall not waive compliance with all other Sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. B. 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-17-19 Page 3 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. C. Within 30 days of the date of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood, and a deed covenant with these conditions of approval shall be recorded on the property. 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 terms and conditions of CUP 17-014 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits, and the heirs, executors, administrators, successors, and assigns of each of them, including municipal corporations, public agencies and districts. F. CUP 17-014 shall be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address concerns that may have occurred during the past year. G. The site shall be kept in an orderly and well-maintained condition at all times. Section 4: The approval of CUP 17-014 shall expire on October 3, 2019, at 5:00 p.m. unless, prior to that time, establishment of the use on the property in reliance on this CUP approval has commenced prior to its expiration. 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, PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 3rd day of October 2017. Steve Vaus, Mayor ATTEST: sfn W Neuf Id, OMC, City Clerk Resolution No. P-17-19 Page 4 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-17-19 was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of October 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, VAUS NOES: NONE ABSENT: LEONARD DISQUALIFIED: NONE well NahcyAeufeI8, City Clerk City of Poway CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Dl Qq Q } --ISan OnyG1 a'aonIJ I beforeme, dafmlruL L.Pernlcano, Noir-Li(.fY71'C, ere insert name and vue oleo is pam.a.,la Cook personally appeared --e,- who prov d to me on the basis of satisfactory evidence to be the person(s) whose name(sUi/afe subscribed to the within instrument and acknowledged to me that He/eh /tl4ey executed the same in His/ el 4lieir authorized capacity(ies), and that by +ris/&-/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. . --q JASMINE L. PERNICANO WITNESS m hand and official seal pp ��� �;�>1 Commission No 2195589 NOTARY PUBLIC CALIFORNIA s; c SAN DIEGO COUNTY Mr Comm bpas MAV N t ry Public Si not re (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment, • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages _ Document Date commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (Le, he/she/they,— is /ere ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, m -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. E] Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 4015 Versionww^:v Nr ;e:rrGlasses.cen: 3C;".i-8'Cs-9F.,65. • Securely attach this document to the signed document with a staple.