Covenant Regarding Real Property 1995-0414273
CITY OF POWAY
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844
-jC I 19P5-0414273
1B-SEP-1995 10134 AM
IfFIClfIL RECORDS
SAIl DIEGO CIUITY RmJIOER'S IJfICE
GREGIIIY SftITH, CrMITY RECORDER
RFI 10.00 FEESI 22 00
AFI 11.00 .
Ifl 1.00
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
RDey J. & Onie O. Uvely ("OWNER' hereinafter) are the owners 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 317-101-42 ("PROPERTY" hereinafter). In consideration of the approval of Minor Conditional Use
Pennlt 95-02 by the City of Paway ("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, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Minor Conditional Use Permit 95'~2 expires or Is rescinded by City Council at the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.
If either party Is required to Incur costs to enforce the provisions of this Covenant, the prevailing
party shall be entlded to full reimbursement of all costs, including reasonable attorneys' fees, from the other
party. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated:
q-/:2-95
Dated: 7- I:A r- 9,fJ'
CITY OF POWAY
Dated:
Ij- Ol.s- ~ 7_ c::;-
By:
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845
EXHIBIT "A"
That portion of the Southeast Quarter of the Northwest Quarter of Section 13, Township
14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State
of California, according to United States Government Survey, approved August 29,
1890, described as follows:
Commencing at the Southeast corner of the Northwest Quarter of said Section 13;
thence along the Southerly line of said Northwest Quarter, North 89' 08' 30" West,
692.00 feet to the Southeasterly corner of land described in deed to John Henry
Caudell, et UX, recorded February 15, 1954 as Document No. 19908 in Book 5141,
page 464 of Official Records; thence continuing along said Southerly line North 89' 08'
30" West, 463.00 feet to the most Westerly corner of said Caudell's land and the TRUE
POINT OF BEGINNING; thence retracing along said Southerly line South 89' 08' 30"
East, 463.00 feet to the Southeasterly corner of said Caudell's land; thence along the
boundary of said Caudell's land as follows: North 03 23' 00" East, 320.32 feet; North
89' 08' 30" West parallel with the Southerly line of said Northwest Quarter, 244.12 feet;
and South 36' 55' 00" West, 395.85 feet (Deed = South 53' 56' West, 395.88 feet) to the
TRUE POINT OF BEGINNING.
RESERVING therefrom an easement for ingress and egress for public utility purposes
over, under, along and across the Northwesterly 10.00 feet.
846
CALIFORNIA ALL-PURPOS.: ACKNOWLEDGMENT
State of
California
County of
San Dieqo
On
Set>t. 12. 1995
Date
before me,
Betty L. Seiler
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
Rilev J. Live1v and Onie O. Lively
Name(s) of Signerjs)
j[] personally known to me - OR - D 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.
- -e;tty i.. S;n;r - f
Comm. fij82764 ~
NOTARV fUII.IO. CALtPORNI
IAN DI;OO COUNT\'
Comm. 1.p!fotJuno 1. 1* .Ii
WITNESS my hand and official seal.
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~;;;t;..ota~ Po";' -
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Covenant Reqardinq Real Property
Document Date:
Number of Pages:
2
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Riley J. Live1v
Signer's Name: Onie O. Lively
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
[X Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
~ Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
@1994NationaINotaryAssociation.8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1.800.876-6827
847
RESOLUTION NO. P-95-21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 95-02
ASSESSOR'S PARCEL NUMBER 317-101-42
WHEREAS, Minor Conditional Use Permit 95-02, submitted by Poway Academy of Hair
Design, Bonnie M. Manley, applicant, requests approval to relocate the existing
beauty college from 14034 Poway Road to a larger facility within the Lively
Center, located at 13268 Poway Road in the Commercial General zone; and
WHEREAS, on April 25, 1995, the City Council held a duly advertised public
hearing to solicit comments from the public both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
The City Council finds that the project is categorically exempt from
environmental review, Class 1 of the California Environmental Quality Act, minor
alterations to existing private structures.
Section 2: Findinqs:
1. The proposed project is consistent with the General Plan in that the plan
designates this site for commercial use and the project is compatible with
this commercial building.
2. The proposed location, size, design, and operating characteristics of the
proposed use are in accord with the title and purpose of this resolution,
the purpose of the land use designation in which the site is located and
the Poway General Plan in that the project meets all applicable
development standards for the CG zone.
3. The proposed 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 resources because the Lively Center is an existing commercial
center.
4. That the generation of traffic will not adversely impact the surrounding
streets and/or the City's Circulation Element in that the use will operate
within a commercial center where existing street improvements and off-
street parking are adequate.
5. That the site is suitable for the type and intensity of designated use
which is proposed in that it is in an area designed for general commercial
uses.
6. That there will not be significant harmful effects upon environmental
quality and natural resources in that the use will be contained within an
existing building on a fully developed site.
EXHIBIT B
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848
Resolution No. P~5-21
Page 2
7. That there are not other relevant negative impacts of the proposed use
that cannot be mitigated.
Section 3: Citv Council Decision:
The City Council hereby approves Minor Conditional Use Permit 95-02 subject to
the following conditions:
1. Within 30 days of approval: (I) the appl icant 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.
2. The use conditionally granted by this permit shall not be conducted in
such a manner as to interfere with the reasonable use and enjoyment of
surrounding commercial uses.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES:
1. Approval of this request shall not waive compliance with all sections of
the Zoning Development Code and all other applicable City Ordinances in
effect at the time of building permit issuance.
2. Obta i n buil di ng permits for tenant improvements proposed within the
building.
3. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1, The dri veway on Poway Road on the east end of the property shall be
widened to a minimum of 30 feet and shall include an alley return.
2. The developer will pay traffic mitigation and sewer fees once all details
become available which will allow for the amount of those fees to be
accurately calculated.
3. Obtain a Right of Way Permit for the work to be performed on a publ ic
street (Poway Road).
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. The building will be classified as an A-3 and will therefore require an
automatic fire sprinkler system.
2. Buil di ng to be pl an checked to fi re code and adopted ordi nances at the
discretion of the Fire Marshal.
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849
Resolution No. P~5-21
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 25th day of April, 1995.
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Don Higginson, or
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I hereby certify, under the penally
of perjury, that the above and
foregoing is a true :H'd corred
copy of Resolution No&7'5=-:;/,
as adopted by the City Counc~ of
Poway, alifornia on the :)5" ~
day of , 19 'I.f .
MARJORI K. W AHLSTEN, CITY CLERK
~'LYJk cYA !1fn 1
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Marjorie K.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. ____
P-95-21 was duly adopted by the City Council at a meeting of said City Council
held on the 25th- day of Ar~il , 1995, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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Marjorie K. Wahlsten,
City of Poway
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