Covenant Regarding Real Property 1992-0423136
CITY OF POWAY
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DC~ " 1992-0423136
07-JUL-1992 09=34 AM
OFFICIAL RECOROS
SAH OIEGO COUHTY RECOROER'S OFFICE
AHNETTE EVANS. COUNTY RECOROER
RF: 9.00 FEES:
AF: 13.00
nFl 1.00
23.00
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
L- WI Wfo/l4c.N /IU,J'""..n t:.e.oJ~ f't1w1t4(
r,(-z.2/<t7. ~ 17. PQu'a}'. 1.1..1 , a California Limited Partnership ("OWNER"
:. /hereinafter) is the owner and Pennzoil Products Company ("LESSEE")
~~~ .,f real property described in Exhibit A which is attached hereto
\ ~ '" and made a part hereof and which is commonly known as Assessor's
lJ'l' Parcel Numbers 317-223-11. 12 ("PROPERTY" hereinafter). In
consideration of the approval of Specific Plan Amendment 84-01T and
Conditional Use Permit Modification 89-09M 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 84-01T and
Conditional Use Permit Modification 89-09M expires or is rescinded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 shall be entitled
to full reimbursement of all costs, including reasonable attorneys'
fees. from the other party. The CITY may assign to persons v4
impacted by the performance of this Covenant the right to enforce I~
this Covenant against OWNER. ~
\"'u/..{I(t...-E:I" r....nQJ b.TB IAfo/lotnN 8"rtN~r &I!N~ ~
~~ A California Limited Partnership
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;/.:,Iq{J'S toAovetf.4c.. ~' I
OWNER (Notarize)
Dated:
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Dated: '5/131'1':2...
Dated: ~ S; If~.;l.
Pe.nnn 1 Product C m any ~~ tft/f;'(:f~
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LESSEE (Notarize I!L- D ~ . 1.",/,1.,
;'1I1-NH.Ot "I I)'H"-'/' VTf": V"V!1AriY'"
CITY OF POWAY 1-4 1'2-'Z Iq 2.,.
By Jfot~e'eH~:z1~ vv-q1A1<ty/'
.: . ^ MER. I
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1693
ORDER NO. 943926-20
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 34 AND 35 OF CITY OF POWAY TRACT 85-04 UNIT NO.1, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 11742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH'9, 1987.
PAGE 5
EXHIBIT A
169,1
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,* State of
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On this the day of
J 55.
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19 _, before me, *
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County of
the undersigned Notary Public, personally appeared
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s} whose name(s} subscribed
to the within instrument, and acknowledged that
executed it.
WI'lNESS my hand and official seal,
PARnlERSHIP ~
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* State of ('~M.n/a./ On this the ~) day of ~ 19 '2-before me, *
* . ) SS, '7) /J / (/ ..
* County of t1J/)k-vr..e. p) t')i(L_J?'UT>1tL ~"or",!W1d.... ?Uve.$ , *
: ..,.... ~, -~ the undersigned ,N<jtary ~lic, personally appeared :
* ~ ~ ~ ~ H H ~ ~ H ~ ~i ~)If~ H ,. !!sf!{/~/Jt~6AJ , *
* t ~_. RAMONA REBECCAFLORES r rl sonall kn :
* - ,~'. COMM.1ll50124 l! I,C\- per y own to me
* ~; "." Notary PubSic-CantorntB ?: *
* z <10.. ORANGE COUNTY r 0 proved to me on the basis of satisfactory evidence *
* J...- ~ T ~ M~c:m:.e~Pir:S~ECT 25~1~5 ....1( to be the personCs) who executed the within instrument *
* on behalf of the partnership, and acknowledged to me that *
* the partnership executed it, *
: WI~ my hand and oYfcial seal, :
* 'tf'(~/U~~~~~ *
* Notary's Signature *
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0JRF0RAn: ~
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* State of T& xJI.5
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* County of ).Ill 13/?-/5
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On this the .,;2CJnd-day of ,June. *
~ 55, SU6tLn ED a. Yi :s IJ* ' :
the undersigned Notary Public, sonally appeared *
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19~, before me,
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L e e_ LJ f) +1 2-
G( personally known to me
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n proved to me on the basis of satisfactory evidence to
~ the person(s) who executed the within instrunent as
m<1n"-~"'r of ])is!-n b..d!..o-.or on behalf of the corporatio~
there n narre:l, and acknowledged to me that the corporatlon
executed it,
WI'rnFSS my hand and official seal.
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Notary's Signature
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(6/84)
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1695
RESOLUTION NO, p-92-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 89-09M
ASSESSOR'S PARCEL NUMBERS 317-223-11, 12
WHEREAS, Conditional Use Permit 89-09M, Pennzoil Products
Company, applicant, was submitted for consideration of installing
bulk oil storage tanks in a 10,400 square foot portion of Building
4 on Lot 35, 12215 Kirkham Road, Suite 100, northeast corner of
Kirkham Road and South poway Parkway in the LI (Light Industrial)
land use designation; and
WHEREAS, on May 5, 1992, the City Council held a hearing on
the above-referenced item,
NOW, THEREFORE, the City Council does hereby resol ve as
follows:
Section I, Environmental Findinqs:
The City Council finds that the previously adopted Negative
Declaration with mitigation measures based on the
Environmental Initial Study, with addendum, is adequate for
this modification of the prior conditional use permit,
Section II, Findinqs
1. That the location, size, design, and operating
characteristics of the 'use will be compatible with and
will not adversely affect or be materially detrimental to
adj acent uses, buildings, structures, or natural
resources, The facility has operated at this location
since March 1989 in a manner compatible with surrounding
businesses,
2, That the scale, bulk, coverage, and intensity is
consistent with adjacent uses, and that all development
standards of the South poway Planned Community will be
met, The project will meet the applicable development
standards for an existing building within the business
park for street parking and mode of operation,
3, That there are available public facilities, services and
utilities to serve the proposed use as all facilities and
services can be provided for through conditions of
approval,
That there will not be harmful effects upon desirable
neighborhood characteristics, in that required conditions
of approval for handling hazardous materials in the event
of a spill will protect adjacent businesses from adverse
impacts,
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1697
Resolution No, P-92-19
Page 3
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION:
* Obtain an Industrial Waste Discharge Permit from the City of
San Diego and provide a copy to the Engineering Services
Department,
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
*1, Provide a copy of the revised Business plan filed with San
Diego County Health Department, Hazardous Materials Division,
*2, Provide copy of and briefing about the revised emergency
contingency plan to all employees for spill containment,
3, Storage tanks are to be installed and maintained as required
in Article 79 of the Uniform Fire Code.
Obtain permits for the installation of combustible liquid
storage tanks,
APPROVED and ADOPTED by ~he City Council of Poway, State of
California, this 5th day 0 May, 2,
4.
ATTEST:
m
Marjor
k1\JevUt:....
Wahlsten, City Clerk
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16 9 B-~
,Resolution No, p- 92-19
Page 4
STATE OF CALIFORNIA
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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-92-19 , was duly adopted by the City Council
at a meeting of said City Council held on the 5th day of ____
May , 1992, and that it was so adopted by the following
vote:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NOES:
ABSTAIN: NONE
ABSENT: NONE
111
Marjor
City 0
,{J~G....
e K, Wahlsten, City Clerk
oway
REPORTICUP8909N.RES