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Covenant Regarding Real Property 1993-0294352 Rf-CORDING REQUEST BY: CITY OF POWAY DOC" 1993-0294352 11-MAY-1993 09=16 AM WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 1904 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECOROER RF: 9.00 FEES: 23.00 AF: 13.00 MF: 1. 00 No Transfer Tax Due (This space for Recorder's Use I COVENANT REGARDING REAL PROPERTY Saint John of Damascus Orthodox Church, a California Corporation ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonlv known as Assessor's Parcel Number 273-820-09 ["PROPERTY" hereinafter). In consideration of the approval of Reinstatement of County Use Permit P77-71 and Development Review 93-02 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 In the event that P77-71 M and Development Review 93-02 expire or are rescinded by City Council at the request of the OWN ER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 OWN ER. Dated: 51""5/7? 9: ~ SAINT JOHN OF DAMASCUS ORTHOD X CHURCH, A CALIFORNIA CORPORATION, OWNER [Notarize) CITY OF POWAY Dated: I-d).O - 73 By: KJ.~ Vr - r;~, CALIF; RNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of CALIFORNIA SAN DIEGO } 1906 On 3, MAY 1993 before me WENDY SCHLERETH, NOTARY PUBLIC DATE ' NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared REV ALEXANDER FEDEROFF, PASTOR NAME(S) OF SIGNER(S) IQJ personally known to me . OR - 0 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. ~:t~ OFr-l(';!A.l SE;.'\L WENDY SCHLERETH NOTARY PUBLIC ( ~UFORNIA SMJ DIEGO Co:mTY MY CCMMi3SICN EXPIRES MAY 30, 1995 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, It could prevent fraudulent reattachment of this form. OPTIO AL SECTION TITLE OR TYPE OF DOCUMENT COVENANT NUMBER OF PAGES 2 No. 5193 ' - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. o INDIVIDUAL o CORPORATE OFFICER(S) TITLE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR [] OTHER: PASTOR SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) REGARDING REAL PROPERTY DATE OF DOCUMENT 5-3-93 SIGNER(S) OTHER THAN NAMED ABOVE @1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184 " ",' , ., \. \1 L /{ 1 ( ./ 1905 ORDER NO. 1004390-14 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIAr COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 1 IN SECTION 26, TOWNSHIP 13, SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 22, 1876, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26, AS SHOWN ON RECORD OF SURVEY MAP NO. 3582, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1955; THENCE ALONG THE NORTHERLY LINE OF SAID SECTION 26, NORTH 88045'59" WEST, 672.44 FEET TO THE NORTHWEST CORNER OF LAND DESCRIBED UNDER PARCEL 2 IN DEED TO FRANCIS C. DARBY, ET OX, RECORDED SEPTEMBER 12, 1958 IN BOOK 7252, PAGE 450 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID DARBY'S LAND, SOUTH 01"14'00" WEST TO A POINT DISTANT THEREON NORTH 01"14'00" EAST, 360.00 FEET FROM THE INTERSECTION OF SAID WESTERLY LINE WITH THE NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO. 1673 (KNOWN AS ESPOLA ROAD) AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 19, 1962 AS FILE NO. 28925; SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID DARBY'S LAND, SOUTH 01"14'00" WEST, 360.00 FEET TO THE NORTHEASTERLY LINE OF SAID ESPOLA ROAD, BEING A POINT ON THE ARC OF 1170.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, IN SAID NORTHEASTERLY LINE; THENCE ALONG SAID NORTHEASTERLY LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 200.00 FEET TO A POINT HEREIN DESIGNATED AS POINT "A"; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 350.00 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE WESTERLY 56.00 FEET OF SAID LOT 1; THENCE ALONG SAID EASTERLY LINE, NORTH 13016'21" EAST, 30.00 FEET; THENCE EASTERLY IN A STRAIGHT LINE TO THE INTERSECTION OF THE NORTHERLY TERMINUS OF A STRAIGHT LINE WHICH BEARS NORTHERLY A DISTANCE OF 248.00 FEET FROM SAID POINT "A" WITH THE WESTERLY TERMINUS OF A STRAIGHT LINE WHICH BEARS WESTERLY A DISTANCE OF 140.00 FEET FROM THE TRUE POINT OF BEGINNING; THENCE EASTERLY IN A STRAIGHT LINE, 140.00 FEET TO THE TRUE POINT OF BEGINNING. PAGE 5 " RESOLUTION NO. P- 93-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING REINSTATEMENT OF COUNTY USE PERMIT P77-71 AND DEVELOPMENT REVIEW 93-02 ASSESSOR'S PARCEL NUMBER 273-820-09 1907 WHEREAS, Reinstatement of County Use Permit P77-71M and Development Review 93-02, submitted by St. John of Damascus Orthodox Church, applicant, requests approval for construction of a new 3,870 square foot sanctuary and additional parking lot at 16903 Espola Road in the RR-C zone; and WHEREAS, on April 20, 1993 the City Council held a hearing on the above- referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinas: The Negative Declaration issued on August 28, 1990 adequately addressed the potential impacts of this project and no further environmental review is necessary. Section 2: Findinas: County Use Permit P77-71M 1. That the 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. The church has operated at this location for years in a manner compatible with the surrounding residential neighborhood. Existing church uses adjoin the site on the east and west. The new sanctuary is separated from nearby residential development by existing church buildings and streets. 2. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that all development standard of the Zoni ng Ordinance have been met. The project will meet the applicable property development standards for off-street parking, setbacks, lot coverage, and building height. 3. That there are available public facilities, services, and utilities to serve the proposed use in that two EDUs of sewer capacity have been allocated to the project and all facilities and services can be provided for through the conditions of approval. 4. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the physical separation between residential and church uses will be adequate. 5. That the generation of traffi c will not adversely impact the surrounding streets and/or the City's Transportation Master Element EXHIBIT B 1908 Resolution No. P-93-l8 Page 2 in that a condition of approval will require the payment of Traffic Mitigation Fees and the construction of an expanded off-street parking lot for church services and activities. 6. That the site is suitable for the type and intensity of use and development proposed in that the property is located between two other churches and the proposed parki ng and sanctuary will be buffered from adjacent homes to the north. 7. That there will not be significant harmful effects upon the environmental quality and natural resources in that this site has been previously graded and developed and native vegetation and habitat no longer exist on the site. 8. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. 9. That the impacts, as described above, and the location of the proposed use will not adversely affect the City of Poway General Plan for future as well as present development in that the General Plan allows church uses in rural residential zones subject to approval of a conditional use permit. DeveloDment Review 93-02 1. That the proposed development is in conformance with the Poway General Plan, which permits churches in rural residential zones subject to approval of a conditional use permit. 2. That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, as noted under the findings in the preceding section. 3. That the proposed development is in compliance with the Zoning Ordinance, in that all development standards of the RR-C zone, as well as the special standards applicable to semi-public uses will be met in development of the project. 4. The proposed development encourages the orderly and harmoni ous appearance of structures and property within the City because it complies with the design guidelines of the General Plan. Section 3: Citv Council Decision: The City Council hereby approves Reinstatement of County Use Permit 77-71M and Development Review 93-02 subject to the following conditions: 1. Within 30 days of approval (I) 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. All conditions contained in City Council Resolution P-90-64 are reinstated except as modified herein. 1909 Resolution No. P-93-18 Page 3 3. 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. 4. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere wi th the reasonable use and enjoyment of surrounding residential and semi-public uses. 5. 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 publ ic hearing before the City Council, to consider modification or revocation of the use permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENTS OF PLANNING AND ENGINEERING SERVICES. 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. Prior to issuance of building permits for the main sanctuary the applicant shall : a. Install driveway on Old Espola Road along with storm drain system, curb, gutter, and sidewalk from south side of driveway to northwesterly terminus. b. The project grading may omit the parking area delineated on Attachment C of the staff report dated April 20, 1993. c. Prior to issuance of any permits for structures other than the main sanctuary and parking lot, all remaining public improvement requi rements 1 i sted in Ci ty Council Resol ut ion P-90-64 shall be completed. Should there be no further requests for building permits, all required public improvements must be completed within ten years of the date of this resolution. APPROVED and ADOPTED by the City Council of the t~t;;, of Poway, State of California, this 20th day of April 1993. ~~ ~ on 1991nson, ay her b 'fy _'a h __.... eycerli ,unaerte..........., of perjury, that "'. above and foregoinll is a true and correct copy of Resolution No>, P-"! :3 -I r as adop!ed by the City Council 01 Poway, California on the ~ "..tit: day of fjf4 ,19 J!l!'3 MARJORI K. WAliLSTEN, CITY CLERK H_________~_'pifl!~ c# /j-,/ llj{LY ATTEST: 1910 Resolution No. P-93-18 Page 4 STATE OF CALIFORNIA } } SS. } COUNTY OF SAN DIEGO 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-93-18 , was duly adopted by the City Council at a meeting of said City Council held on the 20th day of April , 1993, and that it was so adopted by the followrng-vote: AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE REPORT\P1171.AES