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Covenant Regarding Real Property 1992-0423136 CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) lGS2 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 In the event that Specific Plan Amendment 84-01T and Conditional Use Permit Modification 89-09M expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 v-' 8'l "tN'#I,N ~,q,_,.,.",~, U", VI A- <4 "11, P77oI1fs/hIJ ;/.:,Iq{J'S toAovetf.4c.. ~' I OWNER (Notarize) Dated: & /1f~ / Dated: '5/131'1':2... Dated: ~ S; If~.;l. Pe.nnn 1 Product C m any ~~ tft/f;'(:f~ ~- c..e/ t~lllZ. 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 ~~'~' , , ~'~"~ ,.--- ".:It"__' ,-:"\'..''''~;;,~ ~.,,-,. ~V"'" '\\.'>4IilH,"/'"I%: -~.':- ~...J._- 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 ~*~*kA*~***~~W*** ,* State of * * * * * * * * * * * * * * * * * * * * * * On this the day of J 55. } * * * * * * * * * * * * . * 19 _, before me, * * * * 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 ~ * * * * * * · * * * * · * *a* * * * * * * * * * * * * * * * * f]* * * * * * * * * * * * * * * * * 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 * * . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . * * * * * * 0JRF0RAn: ~ * * * * * * * * . * * * * * State of T& xJI.5 * * County of ).Ill 13/?-/5 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * On this the .,;2CJnd-day of ,June. * ~ 55, SU6tLn ED a. Yi :s IJ* ' : the undersigned Notary Public, sonally appeared * * * * * * * * * * 19~, before me, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L e e_ LJ f) +1 2- G( personally known to me ..1._ ...,,__tl_ ..--...... 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. l' * * * * * . . * * . * . * * * p Notary's Signature * . * * * * * * * * . * . . . * * * * * (6/84) * , * * * * * , .p ", L ,",::":"?\ f:'::Z<,:; 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, 4, r ,. '- :::"/:":1 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 I ~ , l i//l 16 9 B-~ ,Resolution No, p- 92-19 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-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