Covenant Regarding Real Property 1995-0442052
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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0~-OCT-1995 08=21 AM
OFFICIAL RECORDS
SAN DIEGO COUHTY RECORDER'S OFFICE
GREGORY snITH. CDUHTY RECORDER
RF: 14.00 FEES:
AF: 19.00
nF: 1.00
34.00
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PROffutt. a Minnesota Umlted pamershlp ("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
Assessor's Parcel Number 317-280-35 ("PROPERTY" hereinafter). In consideration of the approval of
Development Review 95-10 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In the BIIent that Development Review 95-10 expires or Is rescinded by City Council at the request
of the OWNER, CITY shail 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 fuU 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: ~ftj
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PROffutt. a Minn~ota Umlted Partnership
OWNER (Notarize) F. Scott Neal
CITY OF POWAY
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Dated:
9~1' ~r
By:
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2056
LEGAL DESCRIPTION
lOT 343 OF CITY OF POWAV TRACT NO. 87-13, UNIT 1, IN THE CTV OF POWAV, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12556 FILED IN
THE OFFICE OF THE COUNTY RECORD OF SAN DIEGO, FEBRUARY 8, 1990.
EXHIBIT A
"'2057
CALIFORNIA ALL.PURPO~e ACKNOWLEDGMENT
State of
AlMiJ '/wud1J
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County of
On i1pIktJJLlJ /2-J /qtje:; before me,
D," k
personally appeared J /.:Ii, Nto.l
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(e.g., "Jane Doe, No ry Public")
Name(s) 01 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 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.
WITNESS my hand and official seal.
~ A ~NO"~P"bli'
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.
ANNE K. HALEY
Notaly Public, STATE OF NORTH DAKOTA
My Commission Expires Jut Y 31, 2001
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
.
Top of thumb here
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
TOp of thumb here
Signer Is Representing:
Signer Is Representing:
e 1994 National Notary Association. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309.7184
Prod. No.S9D7
Reorder: Call Toll-Free 1-800-876-6827
- 2058
RESOLUTION NO. P-95-49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 95-10
ASSESSOR'S PARCEL NUMBER 317-280-36
WHEREAS, Development Review 95-10, was submitted by RDO Equipment
applicant, for approval of the construction of a 15,390 square foot sales and
service facility for an earthmoving equipment dealer located at the southeast
corner of Danielson Street and Parkway Centre Drive in the Light Industrial
land use designation of the South Poway Specific Plan; and
WHEREAS, on August 22, 1995, the City Council read and considered said
report and has considered other evidence presented at the hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinqs:
The previously certified Final Environmental Impact Report (EIR) and
Final Subsequent 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 consistent with the South Poway Specific
Plan and the general plan in that an earthmoving equipment sales
and service facility is a permitted land use within the Light
Industrial land use designation.
2. That the approved project will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties in that the design of the building for the intended
purpose conforms to the criteria of the South Poway Development
Standards and will be compatible with current and future buildings
in the vicinity.
3. That the approved project encourages the orderly and harmonious
appearance of structures and property within the City in that the
architecture incorporates features provided for in the South Poway
Development Standards.
Section 3: Citv Council Decision:
The City Council hereby approves Development Review 95-10, 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.
EXHIBIT B
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.~059
Reso 1 ut I on No. P- 95-49
Page 2
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOP"ENT
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 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. The trash receptacle and recycling bins shall be stored in the loading
dock area and screened from Danielson Street by a 14 foot tall masonry
wall. Future expansion of the parts warehouse will require a separate
trash enclosure as part of the development review modification approval.
5. All roof appurtenances, including air conditioners, shall be
architecturally integrated, screened from view and sound buffered from
adjacent properties and streets as required by the Planning Services
Department and the revised equipment screening provisions of the South
Poway Development Standards.
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. Wrought iron fencing is to be installed along the Parkway Centre Drive y
frontage. Vinyl-coated chain link fencing (in a color compatible with
the wrought iron fencing) is to be installed along the east property
line and at the toe of the slope along Scripps Poway Parkway.
8. For a new commercial or industrial development, or addition to an
existing development, the applicant shall pay development fees at the
established rate. Such fees may include, but not be limited to: Permit
and Plan Checking Fees, School Fees, Water and Sewer Service Fees.
9. Future expansion of the facility will require a modification to this
development review approval.
10. All proposed utilities within the project shall be installed
underground.
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:20'4)
Resolution No. P-95-49
Page 3
11. Bay doors facing Parkway Centre Drive shall be adequately screened by
landscaping within one year or kept closed sufficiently to screen views
from passersby.
12. Raised display pads for earthmoving equipment shall be allowed.
13. The parking lot/building setback along Parkway Centre Drive is allowed
to be 20 feet rather than 25 feet based on a 16 foot building height for
the office building, the nearest portion of the building.
14. This approval shall become null and void if building permits are not
issued for this project within 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 or trees shall be aggregated in
additional planter islands within the parking lot. 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 shielded low pressure sodium directed
downward, and have zero cutoff. Parking lot illumination shall achieve
a uniformity ratio of 3 to 1 (average to minimum) and a maintained
average of one foot candle and a minimum of 0.3 foot candle.
3. Parking lot fixtures shall be pole mounted, 25 feet maximum height,
above finished grade of the parking surface.
4. All parking spaces shall be double striped.
5. Revise the parking lot design on the south side of the site and the
display pad in that vicinity to observe a 20 foot setback from Parkway
Centre Drive. The parking layout shall comply with the Americans with
Disabilities Act (ADA), i.e. 1:25 ratio for accessible spaces with at
least one van accessible space designated.
6. 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.
LANDSCAPE IMPROVEMENTS
1. Complete landscape construction documents shall be submitted 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).
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Resolution No. p-95-49
Page 4
2. 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. This requirement may be modified after further consultation
with the Public Services Department about the past and future
requirements of the Landscape Maintenance District for street frontage
1 andscaping.
3. Landscaped areas within the adjacent public right-of-way, as well as
private street easements, shall be permanently and fully maintained by
the owner. Landscape screening of the vinyl-coated chain link fencing
shall be provided by planting of sufficient vines, climbing ivy,
shrubbery and/or trees of an acceptable density to ensure adequate
screening within one year of planting.
4. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. 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
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.
SITE DEVELOPMENT
1. A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval prior
to issuance of a grading permit and start of grading operation. Rough
grading of the site must be completed and shall meet the City's
Engineering Services inspector's approval prior to issuance of a
building permit. Revise the grading plan as specified under Parking and
Vehicular Access.
2. A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the public street
right-of-way or any City-held easement. Said work shall include, but is
not to be limited to, construction of driveway approach, sewer lateral
installation, water service line installation, street construction
(including concrete curb, gutter, and sidewalk). Permit shall be
obtained prior to start of work.
'2062
Resolution No. P- 95-49
Page 5
3. Please contact Engineering Services for payment of water, drainage, and
sewer prior to building permit issuance.
a. Water fees given are based on a 2" meter. Fees will vary based on
the size of the meter.
2" meter
Expansion fee
San Diego County Water Authority fee
(*This fee may go up soon.)
b. Appropriate sewer fees, if any, will be collected prior to final
occupancy of the building.
$695.00
$2,400.00
$7,348.00*
4. Provisions must be made for industrial waste coming from the use of the
site.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall be fire retardant as per UBC Section 3203(e) and
City of Poway Ordinance No. 64.
2. The buildings shall display their numeric address in a manner visible
from the access street. Minimum size of the building numbers shall be
sixteen inches on the front facade of the building. Building address
shall also be displayed on the roof in a manner satisfactory to the
Director of Safety Services, and meeting Sheriff's Dept. - ASTREA
criteri a.
3. The building owner will be required to install an approved fire
sprinkler system, meeting P.M.C. 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 located by the
City Fire Marshal prior to installation.
4. 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 system Post Indicator Valve.
5. Fire Department access for use 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.
6. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings. Curbs at the
entries shall be painted red and signs posted stating "No Parking - Fire
Lane".
7. A minimum 2A:I0BC fire extinguisher is required for every 3,000 square
feet and 75 feet of travel distance.
206,
Resolution No. P- 95-49
Page 6
8. Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
9. An Emergency Contingency Plan and Hazardous Materials Disclosure shall
be filed with the County of San Diego Department of Health and copies
provided to the Fire Department.
10. 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.
11. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided
as necessary throughout the building.
12. All openings between Shop and B-2 (Sales and Parts) shall be fire rated.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PUBLIC SERVICES.
1. If the post indicator valve (P.I.V.) for the fire sprinkler system is
going to be installed on private property, an easement will be required.
2. Pay annual assessments for Landscape Maintenance District (LMD 87-1),
currently at $790 per net acre. Participate in future LMD subzone to
improve landscaping and for maintenance of landscaping along interior
roadways, e.g. Danielson Street and Parkway Centre Drive.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 22nd day of August, 1995.
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, Bob 'Emery, Counci 1 member > - =--:>
Presiding Officer ~
I hereby certify, uncler the penalty
of perjury, that the above and
foregoing is a true and corred
copy of Resolution No, 1'- 'S.1"1',
. ,
85 adopted by the City Council of
Poway, California on the 2::?~
doyof ~19~.
MARJORIE K. AHLSTEN. CITY c~
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ATTEST:
'2064
Resolution No. P-95-49
Page 7
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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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-95-49 ,was duly adopted by the City Council at a meeting of said City
Council held on the 22 day of Auqust , 1995, and that it was so
adopted by the following vote:
AYES: CAFAGNA, EMERY, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CALLERY, HIGGINSON
e:\city\plann;ng\report\dr9510..res