Covenant Regarding Real Property 1992-0344589
CITY OF POWA Y
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DOC" 1992-0344589
03-JUN-1992 11:04 AM
RECORDING REQUEST BY:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
~'F: 9.00 FEES:
A" 13.00
MF: 1. 00
23.00
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Mission-Dai I Industrial Partnership. a California Limited
Partnership, ("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-
280-43, 44, and 46 ("PROPERTY" hereinafter). In consideration of
the approval of Specific Plan Amendment 84-0lU and Development
Review 90-l8M 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 Specific Plan Amendment 84-0lU and
Development Review 90-18M expire or are rescinded by City Council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:
May 11, 1992
Dated:
~ Iz...191'l...
Llpd ~t; 199~
CITY
Dated:
By
OF POWAY
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(No need to N arize)
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2327
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Parcels 101, 102, and 103, of Parcel Map 16320, in the County of
San Diego, State of California
"EXHIBIT A"
County of San Dieqo
,
On this 11 t:h day of JI;Iy , in the year 19 -92..., before me, Theresa M. Call~an
a Notary Public i~ and for the said County and State, residing therein, duly commissioned and sworn, personally
appeared Mike 100
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s):
(0 INDIVIDUAL) Whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
Who executed the within instrument as president ~
xxxxx~, on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its articles and by-laws and a resolution of
its Board of Directors.
That executed the within instrument on behalf of the part-
nership, and acknowledged to me that the partnership executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in and for said County and State,
the day and year first above written. .
~'I""IQ,Yn.<20-00.CIJot......~ ~ ~IC'Al.SEAl
Notary Public in and for said County and State of California . THERESA M. CAllANAN
My commission expires' March 26 1993 i NOfAIW PU8l~FlRNIA
., PRlNCI.....L OffICE IN
IAN DIEGO COUNTY
Fl).lB ~':;;M"cIl2tllt3
STATE OF CAliFORNIA
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(0 PARTNERSHIP)
Jlfik CORPORATION)
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CORPORATEACKNOWLEDOMENT
State of ~U~\r....
County of ~~ \ fo(.,,-)
}ss.
@_..OfFICIAlSEAl
CATHLEEN E. WHITE
IIOTARY PU81IC--CALlFORNIA
. ~ SAN DIEGO COUNTY
.. . lIy Comm. txp Olt, 26. 1992
2328
ss,
(Acknowledgement)
NO.202
On this the \ d.. day of m Pry
0.AT1tL~~ ~ L9-)I-\..\TC->
the undersigned Notary Public, personally appeared
1~efore me,
~(ju.GUt-S Q. s'-m A---I
B1Jersonally known to me
o proved to me on the basis of satisfactory evidence (\ ~
,1q be the per~nN whl'lexecytlld the within instrument as fi:SS IST~ T \ ,( \::...-
~~..)T~Q..p, "Ks:.Ai ~r on behalf of the corporation therein
,
named, and acknowledged to me that the corporation executed it.
W72;;h:ffi~i<ti,
Notary's Signature
ATTENTION NOTARY: Although the information requested below is OPTtONAL, It could prevent fraudulent attachment of this ~ficate to a~r document
Title or Type of Document ()J;rNANT-~F~, ",c;. Kf' AI......- '<'~PF"~ T'-I
THIS CERTlRCATE , I
MUST BE ATTACHED Number of Pages _I Date of Document 5 I \ 4.-/9 a
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
7120019
~ NOTARY ASSOCIATK:lN. 8236 Remmel 1we.' P.O. Box 7184. Canoge Park, CA 91::OHl84
2329
RESOLUTION NO. P- 92-17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW,90-18M
ASSESSOR'S PARCEL NUMBERS 317-280-43, 44, AND 46
WHEREAS, Development Review 90-18M, submitted by Mission DAI
Industrial partnership/Anacomp, applicants, request approval to add
23,558 square feet to the mezzanine floor of an existing 311,157
square foot industrial building under construction on Lots 101,
102, and 103 of parkway Business Centre located on the north side
of Crosthwaite Circle in the South poway planned Community; and
WHEREAS, on April 28, 1992, the City Council held a hearing on
the above-referenced item.
NOW, THEREFORE, the City Council does hereby resol ve as
follows:
Section 1: Environmental Findinqs:
The City Council finds that the potential environmental
impacts of this project were adequately discussed in the 1985
ErR and the 1988 Subsequent ErR for the South poway planned
Community (SPPC).
Section 2: Findinqs:
1. The proposed project is consistent with the existing
specific plan and general plan.
2. That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties, because the addition
affects the interior of the building only and additional
parking needs will be minimized through implementation of
an approved Transportation Demand Management Plan (TDM).
3. That the proposed development is in compliance with all
applicable South poway Development Standards and the
South poway planned Community Development Plan.
4. That the proposed development encourages the orderly and
harmonious appearance of structures and property within
the City through its consistency with the SPPC
requirements.
Section 3: City Council Decision:
The City Council hereby approves Development Review 90-18M
subject to the following conditions:
"EXHIBIT B"
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2330
Resolution No. P- 92-17
Page 2
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 project shall comply with all requirements of City
Council Resolution P-91-40 except as modified herein.
1.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Prior to issuance of building permits for this proj ect, a
revised building square footage allocation for the lots in
Parkway Business Center shall be submitted to the City. The
revised allocation plan shall reflect a building square
footage of 334,715 square feet on the Anacomp site.
The parking for Anacomp shall be subject to a yearly review by
the Planning Services Department. If parking is found to be
deficient to meet the needs of this facility, additional
spaces shall be added as required by the Planning Services
Department. Parking shall be deemed deficient if cars or
trucks are frequently parked so as to block access to
driveways, fire lanes, or loading areas, or if on-street
parking or parking in unpaved areas is utilized.
2.
3. A Transportation Demand Management Program shall be submitted
prior to final occupancy of the building.
4. The Transportation Demand Management plan may be revised each
year to reflect changes in the employee base for this
facility; however an approved TDM plan must be on file for the
site at all times.
5. A minimum of 773 parking spaces shall be provided for the
proj ect.
6. The portion of Lot 103 not improved as parking area shall be
landscaped with low water use groundcover, hardscape, shrubs
and trees to the satisfaction of the City Landscape Architect.
A revised landscape plan shall be submitted if the amount of
paving is reduced from what was shown on the building permit.
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.
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2331
Resolution No. P-92-17
page 3
For additions to existing industrial development, the
applicant shall pay development fees at the established rate.
Such fees may include, but not be limited to: School Fees,
Permit and Plan Checking Fees, Water and Sewer Service Fees.
These fees shall be paid prior to building permit issuance.
9. This approval shall become null and void if building permits
are not issued for this project within two years from the date
of this project modification approval.
8.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The new addition to the mezzanine will be required to install
an approved fire sprinkler system. The entire system is to be
designed and plan checked prior to installation. New
hydraulic calculations shall be submitted to prove the
existing system can handle the increased building area.
2.
Architect to provide a
expanded first floor
construction.
new use
prior
in
to
floor plan and detail
and mezzanine area,
3.
New technical reports may be required by the Safety Services
Department based on proposed new use.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 28th day of April 199 "
--
Mayor
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ATTEST:
Marj~ ~41("
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CJ. ty erk
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2332
Resolution No. P-92-17
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-91-17 , was duly adopted by the City Council
at a meeting of said City Council held on the 28th day of
April , 1992, and that it was so adopted by the following
vote:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NOES:
ABSTAIN: NONE
ABSENT:
NONE
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Mar 0 i W hl en, C' y Clerk
City of poway
REPORTIDR9018M.RES