Covenant Regarding Real Property 1993-0312148
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2105
D~~ ~ 1993-0312148
18-rfA~~-1993 OE:~~
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RECORDING REQUEST BY:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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CITY OF POWAY
WHEN RECORDED MAIL TO:
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No Transfer Tax Due
(This space for Recorder's use)
COVENANT REGARDING REAL PROPERTY
Mobil Oil Corporation, a New York Corpvration ("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 317-130-32
("PROPERTY. hereinafter). In consideration of the approval of Conditional Use
Permit 89-11 and Oevelopment Review 89-04 by the City of poway ("CITY"
hereinafter), OWNER hereby cove~ants and agrees for the benefit of the CITY, to
abide by conditions of the attadhed resolution (EXhibit B).
This Covenant shall run wit~ the land and be bindlng upon and lnure to the
beneflt of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees an~ assigns of the respective parties.
In the event that Condition~l Use Permit 89-11 and Development Review 89-04
explre or are rescinded by CityiCouncil at the request of the OWNER, CITY shall
expunge this Covenant from the rlecord title of the PROPERTY.
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If either party is required to incur costs to enforce the provisions of this
Covenant, the prevailing party $hall be entitled to full reimbursement of all
costs, includlng reasonable att~.rneYSI fees, from the other party. The CITY may
assign to persons impacted by t e performance of this Covenant the right to
enforce this Covenant against 0 NER.
Dated:
MAY 1 3 1993
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OWNER~OSIt.. OIL. COf<1POI<.I'I'I ION
(Notarlze)A..r. CAVANNA ASSISTANT gOl'lJRQLU;R
lAIt3- (z..-7.3
CITY OF POWAY
Da ted: }IN''t ~ Iffi'
By ~ t.J~. -t/~
(No need to Nota~ e
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LEGAL DESCRIPTION
ORDER NO. 890339-S
2106
That portion of the Southwest Qua,ter of the Northeast Quarter of Section
13, Township 14 South, Range 2 We~t, San Bernardino Base and Meridian, in the
County of San Diego, State of Cal~fornia, according to United States Govern-
ment Survey, approved November 191, 1880, described as follows:
Commencing at the Southeast corner of said Southwest Quarter of the North-
east Quarter; thence along the So~therly line of said Northeast Quarter,
North 88'41'47" West, 32.52 feet to Enginner's Station 228 + 00.37 P.O.T.
on the center line of County RoadlSurvey No. 1713; thence North 00'20'04"
East to the Northerly line of the! Southerly 115.00 feet of said Southwest
Quarter of the Northeast Quarter; thence along said Northerly line, North
88'41'47" West to a line which is parallel with and 42.00 feet Westerly
of and measured at right angles to said course above described as North
00'20'04" East, being the Northwe~t corner of that portion of County Road
Survey No. 1713, as described in Parcel 62356-B in ueed to the County of San
Diego, recorded November 13, 1963 as File No. 202933, being also the True
Point of Beginning; thence along the Westerly line of said Parcel 62356-B
and the Southerly prolongation thereof, South 00'20'04" West to the North-
erly line of the Southerly 50.00 ~eet of said Southwest Quarter of the
Northeast Quarter; thence along saiid Northerly line North 88'41'47"
West, 150.00 feet; thence at right angles North 01'18'13" East, 150.00 feet
thence at right angles South 88'41'47' East, 157.72 feet, more or less, to
the Westerly line of that certain :84.00 foot wide. strip of land described
in Final Order of Condemnation, Su~erior Court, County of San Diego, Case
No. 305935, a certified copy of which was recorded June 2, 1969 as File
No. 97071; thence along said Weste~ly line, South 04'55'04" West, 85.19
feet, more or less, to the Norther~y line of the Southerly 115.00 feet
of said Southwest Quarter of the Northeast Quarter; thence along said
Northerly line North 88'41'47" West, 3.45 feet to the True Point of
Beginning.
EXCEPTING therefrom that portion lying Southeasterly of the arc of a 25.00
foot radius curve, concave Northwesterly, said curve being tangent to the
Easterly line of said land and tanqent to the Southerly line of said land.
mjh
3/1/89
EXHIBIT A
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81-11ei'i J?,
<.ql07
,RESOLUTION NO. P- <:xl-IO
A RESOLUTION OF THE CITY COUNCIL
OF THE ICITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 89-11
AND DEVELOPMENT REVIEW 89-04
ASSESSOR ',S PARCEL NUMBER 317-130-32
WHEREAS. Condltional Use Pelrmlt 89-11 and Development Revlew 89-04, sub-
mltted by Mobll 011 Company, appllcant, requests approval of a new gasoline
dispensing island, canopy, and expansion of the snack shop at 13556 poway Road;
and
WHEREAS, on January 30, 199b, the City Councll held a hearing on the above-
referenced item.
NOW, THEREFORE. the City Council does hereby resolve as follows:
Section 1: Environmental FIndings:
The City Councll flnds that thls project will not have a slgnlflcant adverse
impact on the envlronment a~d hereby lssues a Negatlve Declaration wlth
mltlgatlon measures as cont,ined in the conditions of approval.
Section 2: Findings:
Condltlonal Use Permit 89-1t
1. That the location, siz~, design, and operating characteristics of the
proposed use will be c~mpatible with and wlll not adversely affect or
be materially detrlmental to adjacent uses, resldents, buildlngs,
structures, or natural !resources, ln that the service station ls an
establlshed existing use which has successfully operated on site for
more than ten years. .
2. That the scale, bulk, coverage, and denslty is consistent with adjacent
uses, in that all devel,opment standards of the Zoning Development Code
are met. The project will meet the applicable property development
standards for off-street parking, setbacks. lot coverage, and buildlng
height.
J, That there are available public facilities, services, and utilities to
serve the proposed use ,as all facllities and services can be provided for
through the conditions ~f approval.
4. That there wl11 not bel a harmful effect upon deslrable neighborhood
characteristics, in thalt lighting, signing, and architectural design
shall be regulated through the review process.
5. That the generatlon of traffic will not adversely lmpact the
surrounding streets and/or the City's Circulation Element in that a
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2108
Resolutlon No. P- 90-10
Page 2
condition of approval will require the payment of Traffic Mltlgatlon
Fees and contribution rOWard the construction of the medians on Midland
and poway Roads, as we I as provisions of requlred off-street parking
and elimination of two! driveway cuts.
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6. That the slte ls sulta~le for the type and lntensity of use and devel-
opment proposed in that the site is located in a CC zone which permits
the operation of service stations when regulated by a condltlonal use
permlt.
7. That there will not be significant harmful effects upon the environmen-
tal quality and natural resources. ln that the recovery of spilled fuel
Is underway and presently satisfies the requirements of regulatory
agencies.
8. That there are no other relevant negatlve lmpacts of the proposed use
that cannot be mltlgated.
9. That the Impacts, as described above, and the location of the proposed
use will not adversely laffect the City of Poway General Plan for future
as well as present deve'lopment.
Development Revlew 89-04
1.
That the proposed develppment 15 in conformance with the poway General
Plan, in that auto serv'lces are allowed on the commerclal cOllliiu~nity
land use with approval pf a conditional use permit.
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That the proposed develppment will not have an adverse aesthetic,
health, safety, or arch~tecturally related lmpact upon adjolnlng pro-
pertles, as noted under the findings ln the preceding section.
2.
3.
That the proposed devel~pment ls in compllanc! wlth the Zoning
Ordlnance, ln that all ~evelopment standards wl11 be met ln development
of the project.
The proposed development encourages the orderly and harmonious
appearance of structures and property within the City because it
complies with the desig~ guidelines of the General Plan and proposes
buildings that are similar in size and architectural style to other
commercial bul1dlngs ln the lmmedlate vlclnlty.
Sectlon 3: City Council Dec~:
4.
Conditional Use Permit 89-11 land Development Review 89-04 for which plans
are on file in the Planning Services Department, are hereby approved subject
to the following conditions:
Within 3D days of approval: (1) The applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the pro-
perty owner shall execute a Covenant on Real Property.
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Resolution No. P.,.90-10
Page 3
APPLICANT SHALL CONTACT THE DEPARTMENT OF PlANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS: .
SITE DEVELOPMENT
1.
Slte shall be developed in laccordance wlth the approved site plans on fl1e
in the Plannlng Servlces Department and the conditions contalned herein.
2.
Revised site plans and bUilding elevations incorporating all condltions of
approva I sha 11 be SUbmittedl to the PI anni ng Servl ces Department prlor to
issuance of bullding permit's.
J. Approval of thls request shall not walve compllance wlth all sections of the
Zoning Development Code and all other applicable Clty Ordlnances ln effect
at the tlme of bul1dlng pennlt issuance.
4. Trash receptacle shall be enclosed by a six foot high masonry wall wlth
view-obstructlng gates pursuant to City standards. Locatlon shall be sub-
ject to approval by the Planning Services Department.
5. Prior to any use of the proJect site or business activity being commenced
thereon, all conditions of .pproval contained herein shall be completed to
the satlsfactlon of the Dlrector of Plannlng Services.
6. The applicant shall comply ~ith the latest adopted Unifonn Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all Qther applicable codes and ordinances. irreffect
at the time of building pennit lssuance.
7. Thls approval shall become ~Ull and void lf bullding permlts are not issued
for this project within two Iyears from the date of project approval.
PARKING AND VEHICULAR ACCESS
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Parklng lot 11ghts shall be 'low pressure sodlum and have a maxlmum height of
18 feet from the flnlshed grade of the parklng surface and be dlrected away
from all property lines, adj1acent streets and residences.
lANDSCAPING
1. A detalled landscape and irr:igation plan shall be submitted to and approved
by the Planning Servlces Department prlor to the lssuance of bulldlng per-
mits.
2. All landscaped areas shall be maintained in a healthy and thriving con-
dition, free from weeds, tra~h, and debris.
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Resolutlon No. P-90-10
Page 4
SIGNS
Any signs proposed for thi~ development shall be designed and approved ln
conformance wlth the Sign ~rdinance.
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APPLICANT SHALL CONTACT THE PUqLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
GRADING
1. A solIs report shall be pr~pared by a qualified englneer 11censed by the
State of California to per~orm such work prior to building permit issuance.
2. A geological report shall be prepared by a quallfled englneer or geologlst
and submltted at the tlme o'f applicatlon for grading plan check.
STREETS AND SIDEWALKS
1. Reciprocal access and maint~nance and/or agreements shall be provided
insurlng access to all parcels over private roads, drives or parking areas
and maintenance thereof to the satisfaction of the Director of Public
Services.
2. All damaged off-site Publiclworks facilities, including parkway trees, shall
be repaired or replaced pri~r to exoneration of bonds and improvements, to
the satisfaction of the Dep,rtment of Public Services.
3,
Prior to any work being perE'ormed in the publiC right-of-way, a rlght-of-way
permit shall be obtained fr the Public Services offlce and appropriate
fees paid, in additlon to a yother permits required.
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4. The developer shall pay the projects's share of the the cost of a City
approved/proposed landscaped median along the project frontage(s) on Poway
Road and be computed at $25143 per lineal foot of frontage prior to building
perml t issuance.
5. The developer shall pay the .Trafflc Mitigatlon Fee at the established rate
prior to building permit lssuance.
6. Dedicate four feet addition~l right-of-way on Midland Road and additional
right-of-way along the curb .return to poway Road on a 35 foot radlus.
7. Consolldate both drlveways oln poway Road and lnstall new curb, gutter, and
sidewalk as necessary to matlch new driveway.
8. Install landscaping as shownlon the plan with a curb at the back of sldewalk
to close the southerly driveway on Midland Road. The existing closed dri-
veway depression will remain in place until the reconstruction by the City.
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'2111
Resolution No. P-90-10
Page 5
9. Pay in in-11eu fee for rem4val of the southerly dr1veway on Mldland Road and
replacement of curb, gutter, and sidewalk at that location.
10. The developer shall pay an :in-lieu fee for construction of a raised concrete
medlan on Midland Road at ~he same rate as the median reimbursement on poway
Road ($25.43 per 11neal foot).
DRAINAGE AND FLOOD CONTROL
Concentrated flows across driveways and/or sidewalks shall not be pennitted.
UTILITIES
1. All proposed utll1tles wlth!in the project shall be installed underground
including exist1ng utll1tie!s less than 34.5 KV along Circulation Element
roads and/or highways. '
2. Utility easements shall be provided to the specification of the serving
utility companies and the D1rector of Public Services.
3. The developer shall be resppnsible for the relocation and underground1ng of
existing on-site pUblic uti'ities, as requ1red.
4.
Water, sewer, and fire prot~ction systems plans shall be des1gned and
constructed to meet requ1rements of the City of poway and the Health
Department of the County of!San Diego.
APPLICANT SHALL CONTACT THE SAFfrY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS: !
1. Roof covering shall meet Class A f1re retardant testing as specified in the
Uniform Build1ng Standards No. 32-7 for fire retardant roofs.
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2. The bu1ldings shall d1splay the1r numeric address in a manner vislble from
the access street. BU11dln~ addresses shall also be dlsplayed on the roof
ln a manner satlsfactory to the Dlrector of Safety Servlces. Mlnlmum s1ze of
building numbers is 18 lnches on facade of bu1lding.
The addition of on-site fir~ hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal.
3.
4. Materlal Safety Data Sheets !shall be requlred for all hazardous and/or toxlc
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substances used in each building.
5. An Emergency Contingency Plar and Hazardous Materials Disclosure is required
to be filed wlth the San Diego County Department of Health and coples pro-
vlded to the Flre Department.
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2112
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Resolution No. P- ~-1O
Page 6
6. A Knox Box security system,shall be provided meeting Department of Safety
Services requirements.
GENERAL REquIREMENTS AND APPRO~
1. Permits will be required f~om San Dlego County Envlronmental Health
Services. .
An annual review by the Clty Council shall be requlred for a perlod of five
years in order to detennin~ that complIance wlth these conditions have been
and continue to be met.
2. The conditional use permlt and development revlew approval shall explre on
January 30, 1992.
APPROVED and ADOPTED by the, CIty Council of the City of Poway, State of
California, this 30th day of Ja~uary, 1990.
(0_ \ \ ~~
Don Hlgglnson, Mayo~
ATTEST:
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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Resolutlon No. P-9O-10
Page 7
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I, Marjorie K. Wahlsten, Ci~y Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. \-90-10 ,was
duly adopted by the Clty Councl1 at a meeting of sald CIty Counc1 held on the
...:n1h..day of ,JAnllAry ,1990'1 and that it was ~o adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
R/R-I-30.4-9A
BRANNON, EMERY, GOLDSMITH, HIGGINSON
NONE
NONE
KRUSE
'yn~ I~ ~fz-
Marjore K. Wahlsten, 1ty Clerk
Ci ty o~oway
2114
~kWw..*~**W~~W***
* S~te of
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County of
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On this the day of
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19 _' before me, *
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the unc!iersigned Notary Public, personally appeared
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* Notary ~ s Signature
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o petsonally known to me *
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o pr~ to me on the basis of satisfactory evidence *
to be 1!:he person(s) whose llaIle(s) subscribed *
to the I within instrument, and acknOWledged that *
execubjd it. . *
WI'lmS$ my hand and official seal. *
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PARlNERSHIP ~
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* State of
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On thi~ the day of 19 _, before me,
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the un4ersigned Notary Public, personally appeared
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o peIisonally known to me
o prqved to me on the basis of satisfactory evidence
to be ~e person(s) who executed the within instrument
on behc\1.f of the partnerShip, and acIcnO\\'ledged to me that
the pazftnerShip executed it.
WI~ my hand and official seal.
Notary's Signature
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txIRPCIR1In: ~
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* State of VII<&/NJ1'l
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* County of~)
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On this the 13th day of MAY 19 ft, before me,
55. WALTER WOJCIK
the undersigned Notary Public, personally appeared
A..r. CAVANNA
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WALTER WOJCIK
Commission Expires Sept. 30. 1994 .
Notary Public. Commonwealth of VItOIOl8
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171' pr~ed to me on the basis of satisfactory evidence to *
EE: the person(s) who executed the within instrument as *
ASSISTANT CONTROLLER or on behalf of the corporation *
therein narred, and acknowledged to me that the corporation *
executed it. "seaJ,// *
WI""," my uft;~ :
Notary's Signature *
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0'" personally known to me
(6/84)
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2115
At a Hcetlnqi ot the Board ot Directors ot HOBIL OIL
CORPORATION held at 150 East 42nd Street, Hew York, H. Y., on the
25th day of June, 1987, at which meetinq a quorum was present and
assented to its passage, the following Resolution was adopted:
RESOLVED, that effec~ive July 1, 1987, the Treasurer, the
Controller, the Senior Assistant Controller, the Assistant
Treasurers, the Assistant Controller., and each ot theil, be and
they hereby are author~zed to execute, acknowledge and deliver any
and all instrument. in the nalle and on behalt ot thi. Corporation,
inClUding, without 1ill~ting the generality ot the toregoing, deeds
conveying real estate, with the same force and efrect a. it
specific authority wer. granted by this Board in each particular
instance; and the Secr~tary or a Senior Assistant Secretary or an
Assistant Secretary is hereby authorized to attest the execution
of such instruments and to affix the Corporate Seal thereto.
I, p, A. STEVENSqN, Senior Assistant Secretary of MOBIL OIL
CORPORATION, do hereby !certify that the foregoing Resolution is a
true copy from the records of the said MOBIL OIL CORPORATION, and
that said Resolution i. now in full Coree and eCCect.
IN TESTIMONY WHEREOF, I have hereunto ligned IIY nalle and
afCixed the Corporate Seal thil 13th day of HAY 1993
Q.(j, 6J:~ 9-"-
Senior ~ssi8tant Secretary
HOC PIA 1880