Covenant Regarding Real Property 1992-0266893
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00= ~ 1992-0266893
05-MAY-1992 10=14 AM
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RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
).
CITY CLERK ) I
CITY OF POWAY ) , '
P.O. BOX 789 )
POWAY. CA 92064 )
)
No Transfer Tax Due )
OFFICIAL RECORDS
SAH DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EUANS, COUNTY RECORDER
f:F: 9.'JO FEES: " ,'(j
AF: 13.00
MF: 1. 00
1876
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Daniel Beringhause, Trustee of the Beringhause Family Trust
dated March 15, 1978: and Brian E. Beringhause, a single man, and
Dalu Inc., a California Corporation ("OWNER" hereinafter) are the
owners 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 317-021-05, 27 ("PROPERTY" hereinafter).
In consideration of the approval of Conditional Use Permit 88-
02R(II) 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 Conditional Use Permit 88-02R(II) 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is rescinded by City Council at the request of the OWNER, CITY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 shal1 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:
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CITY OF POWAY
By ~dZlo~-:z~~;;k.
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ATTORNEY-IN-FACT ACKNOWL \GMENT 187"1
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State of (j _ '
County of ~ ~ It." R '( )
}SS.
fi OFFICIAL NOTARY SEAL
PHYLLIS CAROL MANFUL
-. . NOIafy Public - california
, 'SAN DIEGO COUNTY
My Comm. Expires OEe 05,1995
7140122
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On this the .30t.b day of ----j )\aA__ej 19 q.;J.. ,
before me, the undersigned Notary Public, personally appeared
yAN Ie-L {jERlli 6-ffIlU.$e- (,,&",8 of attorney in fact),
D p~riQnDolly ......O...A t6 me
~proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorney
in fact of de, AN C. 6 f'CKIIV 6-I-II'IU:;;'c (IIdme of
person not appearing before Notary), the principal, and acknowledged to me
that J.i <;:: - (hei<>Ite) subscribed the principal's name thereto and
1-1 , ~ ~~/her) own name as attorney in fact.
SS y hand and official seal.
NO. 204
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O. BoK 4625 . Woodland Hills, CA 91364
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, 404432-04
, rlJ. 816-023714
1878
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PARCEL A:
The Southerly 100 feet of tn. Northerly 370.00 feet of tn. Easterly 370.00 feet
of lot 26 in Tract F of FUIlAY, in tn. City of Poway, County of San Diego, State
of California, acxording to Map thereof No. 536, filed in the Office of the
County Recorder of San Diego County, May 7, 1888. Said Northerly and Easterly
370.00 feet ~ m:asured along the Northerly and Easterly lire of said Lot 26.
EXCEPI'IN:; 'I'llEREFR:M the Easterly 16.00 feet thereof.
PARCEL B:
Parcel 3 as sI"uom. on a Parcel Map filed in Bcok: of Parcel M3ps, on Page 3046, in
tn. Offioe of tn. County Recorder of San Diego County, on September 19, 1924,
~ a p:lrti.on of Lot 26 in Tract "F" of FUIlAY, in the County of San Diego,
State of California, acxording to M3p thereof No. 536, filed in the Offioe of
the County Recorder of San Diego County, M3y 7, 1888.
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RESOLUTION NO. p-90-95
1879
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 88-02R(II)
ASSESSOR'S PARCEL NUMBER 317-021-05, 27
WHEREAS, Conditional Use Permit 88-02R (II, submitted by
Anthony Bothoff, Applicant, D' Agosta Development Inc., Owner,
requests approval to modify the previously approved plans for an
auto center by adding a repair facility to a building originally
approved for retail use on property located at 13508 pomerado Road
in the CG (Commercial General) zone; and
WHEREAS, on December 18, 1990, the City Council held a hearing
on the above-referenced item
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
The City Council finds that the original Negative Declaration
with mitigation measures for the underlying project adequately
addressed all potential impacts of the proposed use.
Section 2: Findinqs:
1. The proposed project will be consistent with the existing
general plan which designates this site for general
commercial uses and there is a reasonable probability
that the project will be consistent with the proposed
general plan.
2. That the location, size, design, and operating
characteristics of the proposed use will be compatible
wi th adj acent uses, in that the proposed auto center
adjoins other commercial uses on two sides and where it
adj oins residential uses, the conditions of approval
require construction of an eight foot block wall buffer
to separate the two uses: A noise analysis prepared for
the project concluded that it would not raise ambient
noise levels more than five decibels which is
permitted by current standards.
3. That the harmony in scale, bulk, coverage, and density is
consistent with adjacent uses, because the proposed auto
facility is to be located in an existing building.
4. That there are available public facilities, services, and
utilities, in that sewer and water service is available
for the project.
F
18&0
5.
Resolution No. P-90-95
Page 2
There will be no harmful effect upon desirable
neighborhood characteristics as the project's activities
will be buffered from adjacent businesses and residences,
by walls, setbacks, and landscaping.
6. That the generation of traffic will not adversely impact
the surrounding streets and/or the City's Circulation
Element; in that the Circulation Element assumed
Commercial General use on this site and the levels of
traffic generated by this project will not exceed levels
normally expected of commercial development.
7. That the site is suitable for the type and intensity of
use or development which is proposed in that the proposed
business is to be located inside an existing building and
parking facilities are adequate.
That there will not be significant harmful effects upon
environmental quality and natural resources in that the
site does not contain significant natural features or
resources due to previous disturbance and to the fact
that it is surrounded by existing commercial, industrial,
and residential development on all sides.
8.
[
9.
That there are no other relevant negative impacts of the
proposed use that cannot be mitigated because the
conditions of approval include mitigation measures which
address all potential adverse impacts.
10. 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 designates the site
for commercial use and adjacent land has already been
fully developed.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 88-02R
(II) subject to the following conditions:
1. 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 applicant shall comply with all of the conditions of
approval contained ln the attached City Council
Resolutions P-88-68 and P-88-121.
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1881
Resolution No. P-90-95
Page 3
Building "A" shall be modified to meet Uniform Building
Code and Fire Code requirements for the H-4 occupancy
including a one hour rated fire resistive occupancy
separation, an exterior wall complying with Section 1709
of the Uniform Building Code and modifications to the
fire sprinkler system as rqeuired by the Fire Marshal.
4. This conditional use permit modification shall expire on
December 18, 1992 unless final occupancy and a business
certificate are approved prior to that date.
3 .
5. The use conditionally granted by this permit shall not be
conducted in such a manner as to interfere with the
reasonable use and enjoyment of surrounding residential
and commercial uses.
6.
The 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 if the Planning Services Department has
received complaints, the required annual review shall be
set for a public hearing before the City Council, to
consider modification or revocation of the use permit.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 18th day of Decem~er 1990.
ATTEST:
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Marjorie K. Wahlsten, City Clerk
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1882
Resolution No. P-90-95
Page 4
STATE OF CALIFORNIA
SS.
COUNTY OF S~ 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-~-95 , was duly adopted by the City Council
at a meeting of said City Council held on the 18th day of _
Oc:tnopr , 1990, and that it was so adopted by the following
vot~:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLOSMITH
NONE
NOES:
ABSTAIN: NONE
ABSENT: NONE
) ) lit c \l...' kill, I--,,-t~
Marjorie K. Wahlsten, City Clerk
City of poway
REPORT\CUP8802R.RES