Covenant Regarding Real Property 1995-0550362
CITY OF POWAY
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pa~ " 1995-0550362
05-0EC-1995 08=34 AM
OfFICIAL RECORDS
SAN DIEGO COUHTY RECORDER'S OfFICE
GREGORY SnITH. COUHTY RECORDER
RF: 10.00 FEES:
AF: 11. 00
nF: 1.00
22.00
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
RUey J. LIvely and Onle O. LIvely rOWNER. 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 Assessor's
Parcel Number 317-101-42 rPROPERTY" hereinafter). In consideration of the approval of Minor Conditional
Use Permit 95-06, Poway Performing Arts Company, Applicant by the City of Poway ("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In the event that Minor Conditional Use Permit 95-06 expires or Is rescinded by City Council at the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 entitled 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: 1- / /, I t). 1} /
I
Dated: 'f-. //- /4 ~ t/'-~
CITY OF POWAY
Dated: //-7- 9 S
By:
~ lJ"iH-rJl~~
i-
. .
LEGAL DESCRIPTION
1035
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 1 ine North 89'08'30" West, 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.
EXHIBIT A
-------------
CALIFORNIA ALL.PURPOSIC ACKNOWLEDGMENT
1036
State of
California
County of
San Dieqo
On
Nov. 14, 1995
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
before me,
Bettv L. Seiler
personally appeared Riley J. Lively and Onie O. Lively
Name(s)ofSigner(s)
~ 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.
Betty L. Seiler ~
C::omm. '992764 ~
NOTARV PUBUc - CALIFOAHI
SAN DIEGO COUNTY
COmm. ElCpirftJUfte 1.1917 ...
WITNESS my hand and official seal.
a/#:~aru~-;'~~
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:
Reba Wriqht-Quastler (City of Poway)
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Riley J. Lively
Signer's Name: Onie O. Lively
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D Generai
D Attorney-in-Fact
~ Trustee
D Guardian or Conservator
o 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
KJ Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
C> 1994 National Notary Association. 8236 AemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call TolI.Free 1-800-876-8827
103'1
RESOLUTION NO. P- 95- 60
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 95-06
ASSESSOR'S PARCEL NUMBER 317-101-42
WHEREAS, Hinor Conditional Use Permit 95-06, submitted by Poway Performing
Arts Company, Applicant, requests approval to operate a playhouse in the Lively
Center located at 13250 Poway Road within the Commercial General zone; and
WHEREAS, on November 7, 1995, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental FindinQs:
The City Council finds that this project is not subject to the California
Environmental Quality Act.
Section 2: FindinQs:
1. The project is consistent with the general plan in that a playhouse
is considered to be a compatible use in the Commercial General zone.
2. That location, size, design, and operating characteristics of the
use are in accordance 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.
3. That 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, residents,
buildings, structures, or natural resources, in that the use will be
located within an existing commercial building.
4. That harmony in scale, bulk, coverage, and density is consistent
with adjacent uses, because the use wi 11 be located withi n an
existing building.
5. That there are available public facilities, services and utilities,
because the use will be located in an existing commercial building.
6. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the use will be located inside of a
building.
7. 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 convnercial center where eXisting
street improvements and off-street parking are adequate.
8. That the site is suitable for the type and intensity of designated
use, in that it is in an area designated for general convnercial uses
and the operating hours of the use are offset from the peak business
hours of the majority of other uses within the center.
EXHIBIT B
Resolution No. P-95-60 1039
Page 3
~
Any signs proposed for this use shall be designed and approved in conformance
with the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
COMPLIANCE SHALL BE
1. All exit doors, including the door{s) leading to the north exit and the
landing on this exit, require panic hardware devices. In the event the
gate at the bottom of the stairs remains, panic hardware shall also be
installed.
2. The subject tenant space shall be retrofitted to comply with Poway Fire
Department standards in the areas of exiting signage, emergency lighting,
the fire sprinkler system, and knox box installation.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 7th day of November 1995.
~ '
on igginson,
I ,un er the penaby
perjury, that the above and
foregoing is a true and correct
copy 01 Resolution Noi'-'1S....{f(
as adopted by the City Councif of
~oWa~therz-
~ay 0 19
, .
MARJORIE K. W AHLSTEN, CITY CLERI(
! ";~tu K.. .7U<i-1UJ"t:
,
ATTEST:
~t t.;,~tCl"k
STATE OF CALIFORNIA )
) 55.
COUNTY OF SAN DIEGO )
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- 60 ,was duly adopted by the City Council at a meeting of said City Council
held on the 7th day of November , 1995, and that it was so adopted
by the followrng-vote:
~'
AYES: CALLERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA, E
E:\CITY\PLANNING\REPORT\MCUP9506.RES