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Covenant Regarding Real Property 1995-0467737 95- 0467737 r~c # Inn~ ^,-~~, 'T''>T -~ J1" /r' - .. , I ! .JI1)'~'~,[') 1 ,i,j ~ 17-0CT-1995 '30 A~ RECORDING REQUEST BY: CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) 139 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDEP RF: 13.00 FEES: AF: 17.00 MF: 1. 00 'I) 'II) d.. \,. 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 TECH BUSINESS CENTER, U.C, a Calnomla limited liability company ("OWNER" hereinafter) Is the 0\NIl9I' 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 317-280-02 ("PROPERTY" hereinafter). In consideration of the approval of Tentative Parcel Map 95-03 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 Mure owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Tentative Parcel Map 95-Q3 expires or Is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: October 6, 1995 TEa< ,us,~ a Calnornla limited liability company OWNER (Notarize) CITY OF POWAY Dated: /0- '3 - '7.5 By: F ;/ 7' ill /1' ~-h} ;-Uu'-'" ( /j <.;tr- ~ U.AA./ ~ ! ! '-'. \ ) ,- " ) 140 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 14 SOUTH, RANGE 2 WEST, IN THE SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JULY 8, 1993 AS FILE NO. 1993-0436552 OF OFFICIAL RECORDS, MORE PARTICULARLY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 24, NORTH 87021'18" WEST, 1354.52 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE DEPARTING SAID SOUTHERLY LINE ALONG THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24, NORTH 0008'03" WEST, 1310.44 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF CITY OF POWAY TRACT 87-13 PER MAP NO. 12556, RECORDED FEBRUARY 8, 1990 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 87039'01" EAST, 873.79 FEET; THENCE DEPARTING SAID $OUTHERLY BOUNDARY SOUTH 0028'48" WEST, 563.45 FEET; THENCE SOUTH 89031'12" EAST, 235.00 FEET; 'SOUTH 0028'48" WEST, 368.50 FEET; THENCE SOUTH 89031'12" EAST, 252.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 24; THENCE ALONG SAID EASTERLY LINE SOUTH 0028'46" EAST, 401.13 FEET TO THE POINT OF BEGINNING. EXHIBIT A - CALIFORNIA ALL.PURPOSI: ACKNOWLEDGMENT 141 No. 5907 State of California County of San Diego personally appeared before me, Mary Alice Stevens NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" Paul K. Tchang On October 6, 1995 DATE NAME(S) OF SIGNER{S) D 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 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. Mary Atice Stevens ~ eomm 0989490H TAAY PUBLIC CALIF SAN DIEGO COUNTY eomm e..,.MlrCh2l.1t17. WITNESS my hand and official seal. )7~~j}tjjA~ SIGNAfURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Coven~nt Regarding Real Property TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) 8' LIMITED D GENERAL Two NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: 10/6/95 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE @1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 142 -', RESOLUTION NO. P- 95-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 95-03 ASSESSOR'S PARCEL NUMBER 317-2BO-62 WHEREAS, Tentative Parcel Map 95-03, Tech Business Center LLC, applicant, proposes to create two parcels of six and 26.5 acres (net) from a 32.5 acre parcel located at the N.E. corner of Tech Center Drive and Kirkham Way, bordered by Scripps Poway Parkway on the north, within the Light Industrial designation of the South Poway Specific Plan. WHEREAS, on October 3, 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 previously certified Final Environmental Impact Report (EIR) for the South Poway Specific Plan adequately addresses the potential environmental impacts of the proposed development. Section 2: Findinqs: 1. The approved project is consi stent with the general pl an and the South Poway Specific Plan in that it proposes a six and a 26.5 acre lot for light industrial development and the site is designated for light Industrial (ll) use. ., 2. The design or improvement of the tentative parcel map is consistent with all applicable general and specific plans; in that the approved parcel sizes and configurations adhere to the development standards for the South Poway Specific Plan. 3. The site is physically suitable for the type of development and the density proposed; in that the site is conditioned to meet the slope and density criteria for the LI land use designation. 4. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or other habitat in that the site has been brushed and grubbed over the past few years, it lies within the limits of grading of the specific plan, bulk grading began in September 1995 in conformance with approved plans, and natural open space is retained on the southerly portion of the Tech Business Center tract map. 5. The tentative parcel map is not likely to cause serious public health problems in that City water and sanitary sewer service will be provided by the City. EXHIBIT B 143 Resolution No. P-95-56 Page 2 6. The design of the tentative parcel map will not conflict with any easement by the public at large, now of record, for access through or use of the property within the proposed subdivision. Section 3: Citv Council Decision: The City Council hereby approves Tentative Parcel Map 95-03 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. 2. Revised site plans incorporating all conditions of approval shall be submitted to the Planning Services Department. 3. Approval of this request shall not waive compliance with all sections of the South Poway Specific Plan, Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4. For each new commercial or industrial development, the applicant shall pay Permit, Plan Check and Inspection Fees and School Fees at the established rate. Such fees may include, but not be 1 imited to: Permit and Plan Checking Fees, School Fees, Park Fees, Water and Sewer Service Fees. 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. ADDITIONAL APPROVALS REOUIRED Development review or minor development review shall be accomplished prior to the recordation of the final parcel map or issuance of a building permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. GRADING 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, Approved Grading/Private Improvement Plan and Soils Report, and the South Poway Planned Community Development Standards. 14~ Resolution No. P-95-56 Page 3 2. A soils report shall be prepared by a qualified engineer licensed by the State of Cal Hornia to perform such work at first submittal of a grading/private improvement plan. 3. The grading/improvement plan prepared on standard size sheets at 20 scale by a registered civil engineer shall be subject to review and approval by the Planning Services and Engineering Services Departments and shall be completed prior to issuance of a grading permit. 4. A pre-blast survey of surrounding property shall be conducted to the satisfaction of the City Engineer prior to any rock blasting. Seismic recordings shall be taken for all blasting and blasting shall occur only at locations and levels approved by the City Engineer. 5. All new temporary cut slopes shall be a minimum of 1 3/4:1 (horizontal to vertical). Permanent cut slopes shall be a minimum of 2:1 (horizontal to vertical). All new fill slopes shall be a minimum of 2:1 (horizontal to vertical). 6. A final compaction report shall be submitted and approved prior to issuance of building permits. 7. Site grading shall be certified by the project civil engineer prior to issuance of building permits. 8. Buildings and parking lots shall be at least five feet from tops and toes of slopes. STREETS AND SIDEWALKS ., 1. All parking lot structural sections shall be submitted to and approved by the City Engi neer. Pavement sect ions shall cpnform to the mi nimum required by the Poway Municipal Code Section 12.20.080. 2. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the City Engineer. 3. Prior to any work being performed in the public right-of-way, a right-of- way permit shall be obtained from the Engineering Services Office and appropriate fees paid, in addition to any other permits required. 4. Driveways shall have a minimum width of 30 feet and shall be designed as an alley apron with ten foot minimum radius. Where driveways are adjacent to sidewalks, pedestrian ramps shall be required. 5. Existing settlement monuments shall be identified on the grading/private improvement plans and protected during construction. Monuments shall be permanently protected or relocated when they conflict with the permanent improvement. 6. Street improvements shall i ncl ude curb, gutter, paving. street 1 ights. underground utilities, striping, and traffic control devices. 145 Resolution No. P-95-56 Page 4 DRAINAGE AND FLOOD CONTROL 1. A drainage system capable of handling and disposing of all surface water originating within the property and all surface waters that may flow onto the property from adjacent lands, shall be required. This drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage, and it shall conform to the previous studies done for the business park. 2. Portl and cement concrete cross gutters shall be install ed where water crosses the roadways. 3. Concentrated flows across driveways and/or sidewalks shall not be permitted. 4. On-site drainage shall connect to the existing stub unless otherwise approved by the City Engineer. UTILITIES 1. All proposed utilities within the project shall be installed underground. 2. Utility easements shall be provided to the specification of the serving utility companies and the City Engineer. 3. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 4. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway and the County of San Diego Department of Health. 5. Existing telephone, gas, electric, and all other public utilities and appurtenances shall be shown on the grading/private improvement plans. 6. All on-site water mains shall be publ ic. A 20 foot easement shall be dedicated to the City over public water mains prior to occupancy. 7. All on-site private sewer mains shall be constructed to standards for public sewers and shown on the grading/private improvement plans. 8. Improvement pl ans for the on-site water mains shall be prepared on standard size sheets at 20 scale, signed by a registered civil engineer, and submitted to the City for approval. The plans must be signed prior to issuance of a building permit. 9. Prior to occupancy, the sewer and water systems serving the project shall be installed to the satisfaction of the City Engineer. GENERAL REQUIREMENTS AND APPROVALS 1. Should this subdivision be further divided, each final map shall be submitted for approval by the City Engineer. 146 Resolution No. P-95-56 Page 5 2. All provisions of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. 3. Prior to final map approval, all dedications shall be made and easements granted as required above. 4. This approval is based on the existing site conditions represented on the proposed site pl an and grading/private improvement pl an. If the actual conditions vary from those representations, the site plan must be changed to reflect the actual conditions. Any substantial changes to the site plan must be approved by the Director of Planning Services and the City Engineer and may require approval of the City Council. 5. A covenant shall be executed and subsequently recorded prior to parcel map approval wherein the developer of parcel 2 or any portion of parcel 2 shall construct all improvements outstanding in Kirkham Way, Gregg Street, Tech Center Drive and regional-wide improvements per the Owner's Participation Agreement. These improvements include but are not limited to sewer, storm drain, water, street paving, curb, gutter, sidewalk, street lights and appurtenances. The covenant shall also provide for the pro rata payment for park fees of $83,120.20, drainage fees of $36,945.27, and regional-wide improvements per the Owner's Participation Agreement. 6. This map shall comply with Resolution No. P-89-116 approving TTM 89-08, the Development Agreement, and the Owner's Participation Agreement. 7. The tentative map approval shall expire on October 3, 1997. Application for time extension must be received 90 days prior to expiration in accordance with the City's Subdivision Ordinance unless otherwise extended by the terms of the development agreement for Tech Business Center. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. Fire hydrants shall be provided at 300 foot intervals along Tech Center Drive. Locations of these hydrants to be reflected on the grading plans by the Fire Marshal. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PUBLIC SERVICES. I. The subject project has no Landscape Maintenance District {LMD} landscape requi rements. The property is annexed into the Landscape Maintenance District {LMD 87-1} and is subject to LMD assessments. Current assessments for this property are based on $790 per net acre. 2. This property is currently within the City Lighting District. Assessments will increase according to land use once developed. 147 Resolution No. P- 95-56 Page 6 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 3rd day of October, 1995. on 1991nson, y certify, under the penalty 01 perjury, that the above and foregoing is a true and corred copy of Resolution No ~ - 9.5"....s f as adopted by the City Council of Poway~the ?~ day of ,19 r.s-: MARJORIE K. WAHLSTEN, CITY CLERK bYI~ lfli-~47 ----c2 ATTEST: STATE OF CALIFORNIA COUNTY DF SAN DIEGO ) ) SS. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby cert Hy, under the penalty of perjury, that the foregoi ng Resol uti on, No. P-95-56 ,was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of October , 1995, and that it was so adopted -.-- . by the follow1ng vote: AYES: NOES: ABSTAIN: ABSENT: CAFAGNA, CALLERY, EMERY, HIGGINSON NONE NONE REXFORD }1\~K1\J~~ Marjorie ~ Wahlsten, City Clerk City of~)ay e:\city\planning\report\tpm9503..re.