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Covenant Regarding Real Property 1992-0317279 1885 DOr-U 1992-0317279 26-MAY-1992 10=21 AM OFFICIAl RECORDS SAN DIEGO COUHTY RECORDER'S OFFICE AHHETTE EVANS. COUNTY RECORDER RF: 8.00 FEES: Afl 11.00 "F: 1. 00 20.00 RECORDING REQUEST BY: CITY OF POWAY ) ) ) ) ) ) ) ) , ) I )1, ' , \ ) ) (This space for Recorder's Use) WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 No Transfer Tax Due COVENANT REGARDING REAL PROPERTY Palomar Pomerado Health System, a California hospital district ("Owner" hereinafter), formerly known as Palomar Pomerado Hospital District and Northern San Diego County Hospital District, 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 275-461-04 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 92-02 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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Conditional Use Permit 92-02 expire or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. OWNER: PALOMAR POMERADO HEALTH SYSTEM Dated: l't~ 5' hz- By: (NO~((~~?' /7$ OH'ICIAL. SEAl Ronald J. MacDougall NOTARV F'UBI..IC-cAI..IFORNIA SAN DIEGO COUNTY MY COMH. EXP. MAR. 19, 1994 f CITY OF POWAY Da ted: tl;ud- ;1.1/199 ~ 1'It&U.- _~ fZr,. t P"Ik. <- By: K,~ tJ. - H- Lu:i "Zf.-. (No need to Nfftarize 1886 ALL THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY. APPROVED APRIL 22, 1876. WH I CH LI ES SOUTHERLY OF THE NORTHERLY LI NE OF THE SOUTHERLY 1980.00 FEET (MEASURED ALONG THE EAST LINE THEREOF) OF SAID WEST HALF. EXCEPTION THEREFROM THE SOUTHERLY 990.00 FEET (MEASURED AT RIGHT ANGLES) OF THE ABOVE DESCRIBED LAND. ALSO ALL THAT PORTION OF LOT 3 AND 4 IN SAID SECTION 35. WHICH LIES BETWEEN THE WESTERLY PROLONGATION OF THE NORTHERLY AND SOUTHERLY LINES OF THE ABOVE DESCRIBED LAND AND EASTERLY OF THE CENTER LINE OF THE MAIN PUBLIC HIGHWAY, ROUTE THREE (3). E'f. \-\1 '"e>t-( "A" SIGNATURE Rt'JA,J,4I..D .:r NAI-1E (TYPED ;4 c. I),. .. C:;""c..... OR PRINTED) SEAL l887 t.'S . STATE OF CALIFORNIA CQUNTY OF .$A.t D'.4 D ON 1Y/,4.1 S , ." G1 BEFORE ME, THE UNDERS I GNED, A NOTARY PUBLIC IN AND FOR SA ID S TA TE . PERSONALLY APPEARED~AI':; n,,1.I.6A.. - KNOWNp TO t.-E TO BE THE Pll~ ~~_'" I / c:. C Q OF .41.04't".~ /P"''''~A+.. _~""'H- ~"'~J'e:", AND KNOWN TO ME TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF SAID PUBLIC CORPORATION, AGENCY OR POLITICAL SUBDIVISION, AND ACKNOWLEDGED TO ME THAT SUCH PUBLIC CORPORATION, AGENCY, OR POLITICAL SUBDIVISION EXECUTED THE SAME. ~ OFFICIAL SEAL Ronald J. MacDougall . NOTARV PUBLIC-CALIFORNIA SAN DIEGO COUNTY MY r:OHH. EXP. MAR. 19, 1994 1888 RESOLUTION NO. P- 92-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 92-02 ASSESSOR'S PARCEL NUMBER 275-461-04 WHEREAS, Conditional Use Permit 92-02 submitted by Palomar pomerado Health System, applicant, requests approval to locate a Sexual Assault Response Team (SART) facility within a modular building in the OS (Open Space) zone at 15615 pomerado Road; and WHEREAS, on April 21, 1992, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resol ve as follows: Section 1: Environmental Findinqs: This project is categorically exempt under the provisions of CEQA (Class 1), in that the project involves installation of new equipment and facilities in an existing small building. Section 2: Findinqs: 1. The proposed project is consistent with the existing General Plan. 2. 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 in that the use of the modular building for the SART program will be complementary to the existing hospital program and the building is located well within the hospital grounds where it will not impact adjacent uses. 3. That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses in that the modular building is very small in scale compared to adj acent development. 4. That there are available public facilities, services, and utilities in that the public facilities needed for this use are already in place. 5. That there will not be a harmful effect upon desirable neighborhood characteristics in that the proposed use is complementary to existing medical uses on adjacent properties. "EXHIBIT B" ./.890 Resolution No. P- 92-16 Page 3 6. This permit will expire on April 21, 1994 if building permits have not been issued APPROVED and ADOPTED by the City Council of the City of Poway, state of California, this 21st day of Apr 1 199 ATTEST: ith, Mayor ~~ k OIJtvI-->> -t:... i K. Wahlsten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. 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-92-16 , was duly adopted by the City Council at a meeting of said City Council held on the 21st day of ____ Apri 1 , 1992, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO NONE NOES: ABSTAIN: NONE ABSENT: GOLDSMITH ~ I~ ,~tz. i K. Wahlsten, City Clerk f oway REPORTICUP9202.RES