Covenant Regarding Real Property 1995-0072943
RECORDINO REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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L~C # 1995-0072943
17-FEB-1995 02=03 pn
IFFlCIAL RECORDS
SAN DIEGO COUHTY RECIJIIIIER'S OFfICE
~OORY SnITH. moor RECORDER
RF' 11. 00 FEES' 25. 00
Af: 1100
MF: 1;00
993
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Paul Joseph & Mary Emma Odermatt ("OWNERs" hereinafter) are the owners 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 317-101-09, 31 ('PROPERlY hereinafter). In consideration of the approval of Environmental Assessment
and Conditional Use Permit 94-18 by the City of Poway ("CITY' hereinafter), OWNERs 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In the event that Environmental Assessment and Conditional Use Permit 94-18 expires or is rescinded
by City Council at the request of the OWNERs, 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 OWNERs,
Dated: --1.0,..... Q. {'- ~-r
Dated: ~ .11, /'1'$
Dated: J- 3 ~fi..s-
~.~.LJJ ~~0.{~ _ $ rJ...,"k.h_
~a~ Joseph Odermatt, OWNER (Notarize)
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Mary E ma Odermatt, OWNER (Notarize)
CITY OF POWAY
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By: 1-:.; lAc:.\... rl.(..~L""".t'/,': 0 (/l"'\..'./.)L~\.
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LEGAL DESCRIPTION
All ~~a~ portion of the Southwest Quarter of the Northwest Quarter of Sectlon
13, Township 14 South, Range 2 West, San Bernardino MerldiAn, 1n the County of
San Dlego, State of Callfornia, according to United States Government Survey,
described as follows:
Commencing at the SOutheast corner of sald Southwest Quarter of the Northwest
Quarter; thence along the Easterly line ~f said Quarter, Quarter North 01'40'
30" East, 50,00 feet to a point on the Northerly boundary of the Public Road
nown as Poway Road R.S, 944 and R,S, 1713-1; thence continuing along sald
Easterly line North 01"40'30" East, 150.00 feet to the Northeast corner of the
land described in deed to Pomerado County Water District, recorded September
4, 1970 as Fl1e No, 165188; thence along the Northerly line of said land,
North 89.08'30" West, 100.00 feet to the TRUE POINT OF BEGINNING; thence
retraclng South 89'08'30' East, 100.00 feet to the Easterly line of said
Southwest Quarter of the Northwest Quarter; thence along said Easterly line,
~crth 01'40'30" East, 190.02 feet to a point on the Southerly boundary of
Herltage Hl11s Unit NO.4, according to Hap thereof No, 6486, filed in the
Office of the County Recorder of San Diego County, September 23, 1969, thence
along said Southerly boundary North 89'08'30~ West, 482,41 feet to a point on
the Easterly boundary of the publlc road known as Tarascan Drive; thence along
sald Easterly boundary South 01'33'47' West, 319.76 feet to the beginning of a
tangent 20,00 foot radius curve, concave Northeasterly; thence Southerly,
Southeasterly and Easterly along the Arc of 8a~d curve through a central
angle of 90'42'17" a distance of 31.66 feet to a polnt on the Northerly
boundary of said poway Road; thence along said boundary South 89'08'30" East,
361,41 feet to the Southwesterly corner of said Water District land, and a
line which bears South 01.40'30. West from the TRUE POINT OF BEGINNING; thence
North 01'40'30" East, 150,00 feet to the TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM the Westerly 120.00 feet measured along the Northerly
line. .
The Easterly line of said Westerly 120.00 feet being drawn parallel with the
most Westerly line of the above described land and the Southerly prolongation
thereof,
EXHIBI~ A
CALIFORNIA ALL.PURPOSk. ACKNOWLEDGMENT
995
NO. 5907
State of C.aL..s;::_ -" 'L-
County of S~..;::, U, e ___ "
,
On -..\-:O'....,~-.:o...'"' '2.1 '''I''~
DAtE )
personally appeared 7"-,....\.. ~o"e ,,\,., 6d.e... ~L\:.\. ~ ... E...........
NAME(S) OF SIGNEA(
o personally known to me - OR - ,!Zl proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) ~are
subscribed to the within instrument and ac-
knowledged to me that he.IGh~/they executed
the same in his/hof/their authorized
capacity(ies), and that by his/hc-r/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
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OFFICW. SEAl.
DONAlD Y. SWANSON
NOTARY~;II
COMM, NO. 1009180 1;'
SAN DIEGO COUN1Y -
COMM. EXP. NQV, 11, 1997
WITNESS my han
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
Pi INDIVIDUAL
lEi CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
~Do,)~"''''''''-\ K: "..LN
TITLE OR TYPE OF DO
.A
o PARTNER(S)
o LIMITED
o GENERAL
\
o ATTORNEY..IN..FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
\- "3-"" ~
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
"\I..<_",,-l..oJ-<C~
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SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, C!,,- 91309-7184
RESOLUTION NO. P- 95-03
996
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 94-1B
ASSESSOR'S PARCEL NUMBER 317-101-09,31
WHEREAS, Condit i onal Use Permit 94-18, submi tted by Sharon DeYoung,
applicant, requests approval to operate a truck rental business within the City
Center Plaza located at 13166 Poway Road in the CG zone; and
WHEREAS, on January 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 Findings:
The City Council finds that this project is categorically exempt Class 1
from the California Environmental Qual ity Act in that the use will be
occupying existing commercial facil ities.
Section 2: Findings:
1. The proposed project is consistent with the general plan in that the
project is located in the Commercial General zone which permits
truck rental businesses subject to issuance of a conditional use
permit.
2. That the location, size, design, and operating characteristics of
the use will be compatible with and will not adversely affect or be
materially detrimental to adjacent commercial uses, residents,
buildings, structures, or natural resources in that the use will be
occupying existing commercial facilities and the adjacent
residential uses are adequately buffered from the site by a
significant grade separation and existing walls, fencing and
landscaping.
3, That the scale, bul k, coverage, and dens i ty is cons i stent with
adjacent uses, in that the truck rental business will be occupying
existing commercial facilities and no expansion or exterior
alteration to the building is proposed,
4. That there are available public facilities, services, and utilities
to serve tho uso,
Ex HIM! 6
997
Resol ut i on No. P- 95-03
Page 2
5. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the physical separation between residential
and commercial uses will be adequate.
6, That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element in that
the use is not anticipated to cause a significant increase in
traffic and the center has adequate parking spaces for this
establishment.
7, That the site is suitable for the type and intensity of use as no
increase in intensity is proposed beyond which already exists on the
site.
8. That there will not be significant harmful effects upon the
environmental quality and natural resources in that the site has
been completely developed,
9. That there are not other relevant negative impacts of the use that
cannot be mitigated.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 94-18 subject to
the following conditions:
1. Within 30 days of approval (1) the appl icant 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,
2, The use conditionally granted by this permit shall not be conducted
in such a manner as to interfere with the reasonable use and
enjoyment of surrounding residential and commercial uses,
3. This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the
past year, If the permit is not in compliance with the conditions
of approval, or the Planning Services Department has received
complaints, the required annual review shall be set for a public
hoaring bofol'o tho City Council, to considor modification or
revocation of tho use permit,
998
Resolution No. P- 95-03
Page 3
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 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 property owner shall comply with all applicable standards for disabled
access.
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, 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.
8, Trucks shall not be serviced (i ,e., oil changes, fluid levels topped,
etc.), repaired or detailed on-site,
9, The applicant shall contact the Customer Services Department and obtain a
business license prior to the onset of business activity.
PARKING AND VEHICULAR ACCESS
1, Customers. shall be instructed to park trucks returned after business hours
(botween 10:00 p.rn, and 8:00 a,m.) 1n tho front of tho contor, The trucks
shall be relocated to the designated storage/parking area at the back of
the center upon the start of the business day.
Resolution No. P-95-03
Page 4
SIGNS 999
1. 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 SAFETY SERVICES,
1, Prior to the onset of business activity designated fire lanes shall be
established with proper painting and signage. The property owner shall
contact the Safety Services Department for specifics,
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 3rd day of January 1995.
~ t-?=i4.
Don Higginson, Mayor
ATTEST:
k
I hereby certify, under I!.e penalty
of periury, that the above and
loregoing is a true and correct
copy of Resolution No.f'-9S"-".3,
as adopted by the City Counca of
Poway, California on the ~
day of fJMI.oU4Mf ' 19 ~.
MARJ~E K. W AHlSTEN, CITY RK
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