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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 In the event that Conditional Use Permit 91-11 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: ~ tlI. 1. If/I . 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) -~- -----.---.--.-.-..-- 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 . .,' ~ MEA I __,I (' /:.,. ,,,r:",.. '1 <.: ~.c:",'<! ,-" ,. ~c~:~;~;~ML'; ; : ~ . .. ,I- . .. 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 --~~._- --_._-----~._-_...._.,._- ---- 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. -_.__._-_._--~--_._---~--_.._~._- ._",---_.. ~ l 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. --- --_._.~-_._-------- ~-,_.---'--"'- ------ E r~: l 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