Covenant Regarding Real Property 1994-0474055
RECORDING REQUEST BY:
CITY OF POWA Y
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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~JC " 1994-0474055
02-AUG-1994 09:20 Ar
OFFICIA~ RECORDS
SA~ DIEGD COUNTY RECORDER'S JFFICE
r,R"tl~ORY S~rTIi, rnil~TY RrrnR;;t"~;
'" 1.1 " ".I..!1 '-<....\.1..\, ...""_.....
RF: 10.00 tEES:
AF: 11.00
~F: 1. 00
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(This space for Recorder's Use)
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COVENANT REGARDING REAL PROPERTY
Riley J. Lively and Onle O. Lively as Trustees pursuant to Declaration of Trust dated April 1, 1982, (a
revocable living trust), ("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 317-101-42
("PROPERTY" hereinafter), In consideration of the approval of Minor Conditional Use Permit 94-05, by the City
of Poway ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, 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In the event that Minor Conditional Use Permit 94-05 expires or is rescinded by City Council at the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: 7 -;)d-. - 9 Lj
Dated: 7- ,l, ~ - 9Y
Dated: 1- / '1- 'i 1
CITY OF POWAY
By: "Bh:.- ZJ.7Jj- ~ {jitI"Lr.df;.
:
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EXHIBIT "A"
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'jhat portion of the S0cthellst Quarter of the Northwest Quarter of Section
13, Towr.ship 14 SOllCh, R4nge 2 \~est, San Bernardino Meridian, in the County
of San Diego, State of California, according to United States Government
Survey, approved August 29, 1890. described as fo Ilows:
ConI11encing at the Southeast corner of the Nortlnvest Quarter of said Section
13; thence alung the Soucherl;, line of said Northwest Quarter, Norch 89.08'30"
West, 1,92.00 feet to the Soucheasterly corner of land described in deed to
John Henry Caude II, et ux. recorded Februar j 15, 1954 as Document No. 19908
in Book 5141, page 464 of Official Records; thence continuing along aaid
SouCherly line North 89'08'30" West, 463.00 feet to the most Westerly corner
of said Caude 1 t 's land and the TIWE POINT OF BEGINNING; thence retracing
along said Southerly line South 89.08'30" East., 463.00 feet to the Southeast-
erly c<,rner of said Caudell's land; thence along the boundary of said Caude! 1 '.
land as follows: North 03"23'00" East, 320.32 feet; Borth 89008'30" H"et
parallel with the Southerly line of .aid Northwest Quarter. 244.12 feet; and
So'-'th )6055'00" West, 395.85 feet (Deed ~ South 53056' We8t.- 395.88 feet) to
che TRUE POINT OF BEGINNING.
RESERVING therefrom an easement for ingress and egress for public utility
purposes over. under, along and aCro8S the Northwesterly 10.00 feet.
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CALIFORNIA ALL.PURPOSt:. ACKNOWLEDGMENT
No. 5907
State of
California
County of
San Diego
On
Julv 22. 1994
DATE
before me,
~t:+y T. Sp; lpr
NAME, TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC"
personally appeared
Rilev J. Livelv and Onie O. Lively
NAME(S) OF SIGNER(S)
o 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.
Betty L. Seller t
Comm.~..w8
_ PU8L1C.
..... DIEGO COUNTY
eomm. e.,..June 1.1117 -
WITNESS my hand and official seal.
~~~~
, 'SIGNATURE 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
DESCRIPTIDN DF ATTACHED DOCUMENT
Covenant Regnrding ReF]] PrIlpPrt-y
TiTLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S)
D LIMITED
D GENERAL
2
NUMBER OF PAGES
D ATTORNEY.IN-FACT
IX] TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
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1326
RESOLUTION NO. P- 94-38
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 94-05
ASSESSOR'S PARCEL NUMBER 317-101-42
WHEREAS, Mi nor Condi ti ona 1 Use Permit 94-05, submitted by Cap pucci no
Cottage, Charlie Church, applicant, requests approval to establish a specialty
coffee kiosk within an existing shopping center located at 13232 Poway Road,
within the Lively Center in the Commercial General zone; and
WHEREAS, on July 19, 1994, the City Council held a duly advertised public
hearing to solicit comments from the public both pro and con, relative to this
application.
NOW, T~EREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
The City Council finds that the project is cate90rically exempt from
envi ronmenta 1 revi ew as it can be grouped in C1 ass 3 wh i ch i ncl udes
construction of small new commerci al structures on sites zoned for
commercial use.
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I.
Section 2: Findinos:
1. The proposed project is consistent with the General Plan in that the plan
designates this site for commercial use and the project is a small
commercial building.
2. The proposed location, size, design, and operating characteristics of the
proposed use are in accord 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 in that the project meets all applicable
development standards for the CG zone.
3. The proposed 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 because the proposed structure contains only 80
square feet and wi 11 not interfere with exi st i ng traffi c ci rcul at i on
patterns.
4. That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses due to the small scale of the proposed structure.
5. That there are available public facilities, services, and utilities
because the use will be located in an existing shopping center.
6. That there will not be a harmful effect upon desirable neighborhood
characteristics in that the structure will match the surrounding buildings
in design a~d materials.
EXHIBIT B
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1327
Resolution No. p-94-38
Page 2
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 commercial 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
which is proposed in that it is in an area designed for general commercial
uses.
9. That there wi 11 not be s i gnifi cant harmful effects upon envi ronmental
quality and natural resources in that the use will be contained within a
small building on a fully developed site.
10. That there are not other relevant negative impacts of the proposed use
that cannot be mitigated.
Section 3: Citv Council Decision:
1.
The City Council hereby approves Minor Conditional Use Permit 94-05
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. .
2. The use conditionally granted by thi s permit shall not be conducted in
such a manner as to interfere with the reasonable use and enjoyment of
surrounding commercial uses.
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COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES:
The Planning Services Department shall conduct an annual review of Minor
Conditional Use Permit 94-05 for compliance with the conditions of
approval. If the department has received complaints, or the use is not i~
compl iance, the review will be forwarded to the Council, who may add
conditions to the permit or amend existing conditions of approval.
SITE DEVELOPMENT
1. Approval of this request shall not waive compliance with all sections of
the Zoning Development Code and all other applicable City Ordinances in
effect at the time of building permit issuance.
2. Obtain building permit for kiosk, including installation of a small ramp
to fulfill disabled access requirements.
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Resolution No. P-94-38
Page 3
SIGNS
Any Si9ns proposed for this development shall be desi9ned and approved in
conformance with the Sign Ordinance.
COI1PLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COI1PLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
Prior to issuance of building occupancy the applicants shall pay a traffic
miti9ation fee of $180.00.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 19th day of July, 1994.
COUNTY OF SAN DIEGO
. Tony Sn 0
Pres i di n :O'ffi.ce!:......r.. uncle d._
lliereby ........" r me Ptnalty
01 perjury, that rhe above end
foregoing is a true !(ICI -..ICI
copy 0/ Resolution No.r::.!1- 3fi.,
as adopted by the City Council 01
Pow,y, California on !he / ~
.y,f~,19.&...
~K. W~TiNl CITY....
..W~ (~~~~A{'7
I, Marjorie K_ Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. ~-38
, was duly adopted by the City Council at a meeting of said City Council
held on the 19th day of Julv . 1994, and that it was so adopted
by the following vote:
ATTEST:
'In
Marjo
:tL...
City Clerk
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AYES: CAFAGNA, CALLERY, SNESKO
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY, HIGGINSON
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