Covenant Regarding Real Property 1991-0551983
RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
)
No Transfer Tax Due
2044
~-]C " 1991-05519B3
25-0CT-1991 08:15 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
RF: 9.00 FEES: 23.00
AF: 13.00
MF: 1.00
COVENANT REGARDING REAL PROPERTY
Recorder's Use
.~~
Norman N. Nowell and Sandra L. Nowell, husband and wife as
joint tenants ("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-
225-04 ("PROPERTY" hereinafter). In consideration of the approval
of Conditional Use Permit 91-11 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
(Ex h i bit 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 91-11 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rescinded by City Council at the request of the OWNER, CITY shall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
impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated:
~
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.
Dated:
Dated:
Or'lA:6.tu J I ICft( I
o
CITY OF POWAY
By
PL tJ~ft - (/MD-ft^,
(No need to N tarize)
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STATE OF CAUFORNIA
)
) ss.
)
2045
COUNTY OF ORANGE
On Ocl.oU-tll '1 , 1991, before me, a Notary Public in and for said
State,personallyappeared ~ 1"\.. 'Y\f:lu..>.U) 2 ~ ,1,..""A,>'11 {.h'\o.o<.Qj( ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which
person(s) acted, executed the instrument.
WItNESS my hand and official seal.
@ OFFICIAL NOTARY SEAl
. KATHY SCHIRM
Nt Notary Public - C8IKomIlI
ORANGE COUNTY
My Cornm. Expires MAY 23.1\l94
b~ ~-n~
Notary Public
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2046
ORDER NO. 1000518-20
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCELS 4 AND 5 OF PARCEL MAP NO. 15618, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 24, 1989 AS FILE NO. 89-152071 OF
OFFICIAL RECORDS.
PAGE 11
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F
l
201\7
RESOLUTION NO. P- 91-64
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-11
ASSESSOR'S PARCEL NUMBER 317-225-04
WHEREAS, conditional Use permit 91-11, submitted by Bavarian
Rennsport, requests approval to operate a specialized BMW-2002
mechanical restoration and refurbishing business at 12544 Kirkham
court in the PC zone. Business activity will also include
distribution, mail orders, and limited manufacturing of suspension
components and parts; and
WHEREAS, on October 1, 1991, 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 resolve as
follows:
Section 1: Environmental Findinqs:
This project
CEQA (Class
structures.
is categorically exempt under the prov~s~ons of
1), minor alteration of existing private
Section 2:
Findinqs:
1. The proposed project will be consistent with the existing
general plan and specific plan, and there is a reasonable
probability that the project will be consistent with the
proposed general plan.
2. The proposed location, size, design, and operating
characteristics of the proposed use are in accord with
the title and purpose of this resolution, the purpose of
the land use designation in which the site is located,
the poway General plan and the South poway specific plan.
3. 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 will be
located within an existing industrial building.
4.
That the harmony in scale, bulk, coverage, and density is
consistent with adjacent uses, because the use will be
located within an existing building and will not be open
to the general public.
':':'///?
_ __ _n_ _....._.........,..;_"".........., ....u""'" \~J \"..u~ pL..Upt::.LL.Y uwner
shall execute a Covenant on Real property.
2.
The use conditionally
conducted in such a
reasonable use and
industrial uses.
granted by this permit shall not be
manner as to interfere with the
enjoyment of surrounding light
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The Planning Services Department shall conduct an annual
review of Conditional Use Permit 91-11 for compliance with the
conditions of approval. If the department has received
complaints, or the use is not in compliance, the review will
be forwarded to the council, who may add conditions to the
permit or amend existing conditions of approval.
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2049
Resolution No. P- 91-64
Page 3
In the event noise emanating from the use becomes a nuisance
to the adjacent tenants (the City receives complaints), the
applicant shall have a noise study promptly prepared. The
planning Services Department will determine whether the
project complies with City Noise standards. If noise
mitigation is found necessary, the applicant shall comply.
3. The applicant shall obtain a business license from the
Customer Services Department prior to commencement of business
activity.
2.
4. outdoor storage of vehicles for service and any business-
related equipment shall be prohibited.
5. The mechanical restoration and servicing shall be limited to
the 2002 model of the BMW car.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site
plans on file in the planning Services Department and the
conditions contained herein.
2.
Approval of this request shall not waive compliance with all
sections of the zoning Development Code and all other
applicable City Ordinances in effect at the time of building
permit issuance.
3. Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval contained
herein shall be completed to the satisfaction of the Director
of Planning Services.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Comply with all Fire and Building Code requirements that apply
to auto repair and associated processes.
2. Obtain from the Fire Department, permits for auto repair and
associated processes.
3 .
Provide the Fire Department with a front door key for the
"Knox" security box.
4. A "new business" fire inspection is required.
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GENERAL REQUIREMENTS AND APPROVALS
The conditional use permit shall
October 1, 1993 if the site
accordance with the conditional
APPROVED and ADOPTED by the City
State of California, this 1st day of
ATTEST:
1UMJ> T:-l..r
. Wahlsten, City Clerk
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
2050
Resolution No. p-91-64
Page 4
lapse and shall become void
has not been occupied in
use.
of poway,
"-.,1 \ J
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-91-64 , was duly adopted by the City Council
at a meeting of said City Council held on the 1st day of ____
October ,1991, and that it was so adopted by the following
vote:
AYES:
HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES:
NONE
ABSTAIN: NONE
ABSENT: EMERY
'--i~ cL ~. !..! -; U f.t!c:..);,._
Marjorie K. Wahlsten, City Clerk
City of poway
REPORT\CUP9111.RES