Covenant Regarding Real Property 1995-0403834
DOC # 1995-0403834 .1
1~SEP-1995 Oe-52 AM
CITY OF POWAY
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2010
OFFICIAL RECORDS
WI DIEGO crorrv RECIIDER' 5 IJFICE
GREGORY SIIITH, cralTY REcomER
RF' 14.00 FEES' 34.00
AF' 19.00
nFl 1.00
1
RECORDING REQUEST BY:
, -,"
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
DOC., IQ95-0403934
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Roger A Mohrt1off, Trustee of the Mehlhoff Fllmily Trust C'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 A'3S98SO"'S Parcel Number 314-710-39 C'PROPERTY" hereinafter). In consideration of the approval
of Development Review 9&00 by the City of Pcmay ("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In the event that Development Review 95-09 expires or is rescinded by City CouncU at the request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 entitled to full reimbursement of ail 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:
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~o ,r eMo r off milyTrust
OWNER (Notarize)
CiTY OF POWAY
Dated:
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By:
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2011
LEGAL DESCRIPTION
PARCELS 3, 6, 8 AND 11 OF PARCEL MAP NO. 15808, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP ON FILE IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1989.
EXHIBIT A
CALIFORNIA ALL.PURPOS~ ACKNOWLEDGMENT
-~012
No. 5907
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P-3/-Y'r
DATE
personally appeared ~-I- IhCJi-- h~ ,
NAME(S) OF StGNER(S)
'lvrpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence
'("V to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged 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.
State of
County of
On
before me,
-~ ~a~ ~-, - ~KA~H;N: ~R~W:O~ - ~f
. I""",," COMM.#9~
: .... .. Notary PubUc - Catifomlo I
. .,. ; . LOS ANGELES COUNTY I
' Comm. E>epIt", JAN IA. 1997
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WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove vaiuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
a~~ ~~,~~ M
TITLE OR ~~~OCUr..:rENT It
:t
NUMBER OF PAGES
TITLE(S)
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
J2-- )>/- f?)
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
!<~b,,- vUl. k..
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
2013
RESOLUTION NO. P- 95-45
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 95-09
ASSESSOR'S PARCEL NUMBER 314-710-39
WHEREAS, Development Review 95-09 submitted by Roger Mohrhoff, requests
approval to construct a 3,600 square foot retail shop building located directly
north of the restaurant soon to be located on Parcel 4 of Twin Peaks Plaza, at
the northeast corner of Pomerado Road and Ted Williams Parkway, in the CG zone;
and
WHEREAS, on August IS, 1995, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section I: Environmental Findinqs:
The City Council finds that the previously issued Negative Declaration for
Tentative Parcel Hap 86-03 (Parcel Hap 14824) for Twin Peaks Plaza anticipated
retail shops being constructed on the subject site and that the earlier
investigation adequately discusses the environmental concerns of this project.
Section 2: Findinqs:
1. The approved project is consistent with the general plan in that retail
shops uses are an approved use by right in the commercial zone.
2. That the approved project will not have adverse aesthetic, health, safety,
or architecturally related impact upon adjoining properties in that it
will be located on an existing freestanding pad within Twin Peaks Plaza.
3. That the approved project encourages the orderly and harmonious appearance
of structures and property within the City, in that the building's shapes,
materials and colors blend with, and compliment the surrounding buildings.
Section 3: Citv Council Decision:
The City Council hereby approves Development Review 95-09, 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT ~
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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2014
Resolution No. P- 95-45
Page 2
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request 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.
4. Trash receptacle shall be enclosed by a six foot high masonry wall with
view-obstructing gates pursuant to City standards, which include the
provision of adequate space for material recycling. Location shall be
subject to approval by the Planning Services Department.
5. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
6. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
7. All roof appurtenances, including air conditioners, satellite dish
antennas, shall be architecturally integrated, screened from view and
sound-buffered from adjacent properties and streets as required by the
Planning Services Department.
8. This approval shall become null and void if building permits are not
issued for thi s project wi thi n two years from the date of project
approval.
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one 15 gallon size
tree for every three spaces. For parking lot islands, a minimum 12 inch
wide walk adjacent to parking stalls shall be provided and be separated
from vehicular areas by a six inch high, six inch wide portland concrete
cement curb.
2. Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and residences.
3. All two-way traffic aisles shall be a minimum of 24 feet wide. A minimum
of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
4. All parking spaces shall be double striped.
2015
Resolution No, p- 95-45
Page 3
LANDSCAPE IMPROVEMENTS
1. Comp 1 ete 1 andscape construct 1 on documents shall be subml tted to and
approved by the Planning Services Department prior to the issuance of
building permits. Plans shall be prepared in accordance with City of
poway Guide to Landscape Requirements (latest edition).
2. A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be
maintained in a horticulturally acceptable manner. Dead, decaying, or
potentially dangerous trees shall be approved for removal at the
discretion of the Planning Services Department during the review of the
Master Plan of existing on-site trees. Living trees which are approved
for removal shall be replaced on a tree-for-tree basis as required by the
Planning Services Department.
4. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Requirements and
shall be planted at an average of 30 feet on center spacing along all
streets.
5. Landscaped areas within the adjacent publ ic right-of-way shall be
permanently and fully maintained by the owner.
7. All landscaped areas shall be maintained in a healthy and thriving
cond it ion, free from weeds, trash, and debri s. 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. Unnatural or excessive pruning, including topping, is not
permitted.
SIGNS
1. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance and the comprehensive sign program for
Twin Peaks Plaza.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
SITE DEVELOPMENT
1. Development fees, including but not limited to, water service fees,
remaining sewer connection, sewer cleanout and sewer inspection fees shall
be paid prior to building permit issuance.
Permit and plan checking fees shall be paid upon submittal of improvement,
and/or grading plan, as applicable.
2016
Resolution No. p- 95-45
Page 4
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work and submitted at the time of
application for grading plan check.
3. The final grading plan, prepared on a standard sheet of mylar, shall be
subject to review and approval by the Planning and Engineering Services
Departments and shall be completed prior to issuance of a grading permit.
4. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
5. A final compaction report shall be submitted and approved prior to any
paving.
6. A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to any paving.
7. Buildings and parking lots shall be at least five feet from tops and toes
of slopes, unless waived by Planning and/or Engineering Services
Departments prior to grading permit issuance.
8. Non-supervised or non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compl iance with City-approved soils
investigations and recommendations and grading plans.
9. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from Oct. 15th to April 15th. An erosion control
plan shall be prepared by the project civil engineer and shall be
submitted as part of the grading plan. The developer shall make
provisions to insure the proper maintenance of all erosion control devices
throughout their intended life.
STREETS AND SIDEWALKS
1. Reciprocal access and maintenance agreements shall be provided insuring
access to all parcels over private roads, drives or parking areas and
maintenance thereof to the satisfaction of the Director of Engineering
Services. Said agreements shall be in a form approved by the City
Attorney and shall be executed and recorded in the office of the San Diego
County Recorder prior to occupancy.
2. Improvements shall include, but are not limited to :
x
Cross gutter
Alley gutter
Paving
Alley paving
x
Sidewalks
Driveways
Wheelchair ramps
Curb and gutter
Striping and signings
2017
Resolution No. P-95-45
Page 5
3. All damaged off-site public works facilities, including parkway trees,
shall be repaired and replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Director of Engineering Services.
4. The developer shall acquire an encroachment permit for any private
improvements placed within the pUblic right-of-way or City-held easement.
5. Prior to any work performed in the public right-of-way or City-held
easements, a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permits
required.
DRAINAGE AND FLOOD CONTROL
1. Intersection drains shall be required at locations specified by the
Director of Engineering Services Department and in accordance with
standard engineering practices.
2. A drainage system capable of handling and disposing all surface water
originating within the project, and all surface waters that may flow onto
the project from adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
3. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
UTILITIES
1. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
2. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
3. Water, sewer, and fire protection systems shall be designed and
constructed to meet the requirements of the City of Poway and the County
of San Diego Department of Health.
4. Existing telephone, gas, electric, water, sewer, and other public utility
lines and appurtenances within and adjacent to the property shall be shown
on the grading /improvement plans.
GENERAL REOUIREMENTS AND APPROVALS
1. All easements, right-of-way dedications and/or vacations shall be recorded
in the Office of the Recorder of San Diego County prior to building permit
issuance. A processing fee shall be paid to the City Engineering Services
Department
2018
Resolution No. P- 95-45
Page 6
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance No. 64.
2. The buildings shall display their numeric address in a manner visible
from the access street. Building addresses shall also be displayed on
the roof in a manner satisfactory to the Director of Safety Services.
Minimum size of building numbers is 18 inches on facade of building.
3. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all-weather driving
surface of not less than 20 feet of unobstructed width, with adequate
roadway turning radius capable of supporting the imposed loads of fire
apparatus having a minimum of 13'6" of vertical clearance. The road
surface type shall be approved by the City Engineer, pursuant to the
City of Poway Municipal Code.
4. The building will be required to be equipped with an approved fire
sprinkler system meeting P.C.M. requirements. The entire system is to
be monitored by a central monitoring company. System post indicator
valves with tamper switches, also monitored, are to be the City Fire
Marshal prior to installation.
5. A hood and duct extinguishing system shall be installed for all cooking
facilities within all kitchen areas. Plans shall be submitted and
approved, prior to installation.
6. Prior to delivery of combustible building material on site, water and
sewer systems shall satisfactorily pass all required tests and be
connected to the public water and sewer systems. In addition, the first
lift of asphalt paving shall be in place to provide adequate, permanent
access for emergency vehicles. The final lift of asphalt shall not be
installed until all other construction activity has been substantially
completed to the satisfaction of the City.
7. A 'Knox'Security Key Box shall be required for the building at a
location determined by the City Fire Marshal. A 'Knox' padlock shall be
required for the fire sprinkler Post Indicator Valve.
8. Fire Department access for us 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.
9. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
10. Minimum 2A:I0BC fire extinguisher required for every 3,000 square feet
and 75' travel distance.
-2019
Resolution No. P- 95-45
Page 7
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15th day of August, 1995.
~.I~fi' ~
~usan aery, epu y or
ATTEST:
"---- , . I J ""'\1' ..J.-
, I ~t) ~ t--" '- :W_5o, L<--
MaJ'jorle . . Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
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-95-45 ,was duly adopted by the City Council at a meeting of said City
Council held on the ~ day of Auaust , 1995, ~nd that it was so
adopted by the followlng vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, REXFORD
NONE
NONE
HIGGINSON
';Qla;:L. L/ ?iJtW~t,-
arjorle\K. wanlsten, City Clerk
City of Poway
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