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Covenant Regarding Real Property 1995-0403834 DOC # 1995-0403834 .1 1~SEP-1995 Oe-52 AM CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) 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 In the event that Development Review 95-09 expires or is rescinded by City CouncU at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: 9,.? )..q 0(" ~."....~~. . .". / .~ ~o ,r eMo r off milyTrust OWNER (Notarize) CiTY OF POWAY Dated: f-/~-'f'.s- By: ~ wr - (Ju..cv.:>-f.t... . _._._~~-~--._"----_.._--_..._,..._._--_._-------,---- .--...-----..--------....--- ----~_.__._--- ~J 'J . '~I ,::i ~~1 "() r,": \. 11. -'1\, J . .' " " ,'~ 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 , ~. 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 J ~ ..... ...... .... ..... .. ... ...... ""I" - .... ...... ...... .... ...... 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. ~ . , . 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 "