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Covenant Regarding Real Property 1992-0045147 RECORDING REQUEST BY: ) 7~)Q DOC " 1992-0045147 ) 28'-JAN-1992 09: 19 AM CITY OF POWAY ) ) OFFICIAL RECORDS WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECOROER'S OFFICE ) ANNETTE EVANS, COUNTY RECORDER CITY CLERK ) RF: 10.00 FEES: 26.00 CITY OF POWAY ) AF: 15.00 P.O. BOX 789 ) MF: 1. 00 POWAY, CA 92064 ) ) No Transfer Tax Due ) (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY The Rector, Wardens, and Vestrymen of St. Bartholomew's Parish in Poway. California, a California Non-Profit Corporation ("OWNER" hereinafter) is the owner 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 275-510-16 ("PROPERTY" hereinafter). In consideration of the approval of modification to Conditional Use Permit Modification SS-19M 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 In the event that Conditional Use Permit SS-19M expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: / ~.? ",'?k.:.. / / OWNE Dated: ~/1, /99/ CITY OF POWAY By ~ ;0~-~ifvv (No need to otarize . ';'91 PARCELS 1 AND 2 OF PARCEL MAP NO. 12258, IN THE CITY OF POWkY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 2, 1982 AS FILE/PAGE NO. 82-237020 OF OFFICIAL RECORDS. "._.._._.~-----_. -_.._----~-"--- . .GENERAL ACKNOWLEDGMENT . * * * * * * * * * * * * * * Statf! 'Of LA 1,<0,,,,6. *. 792 * * * .-~ * * * * * * * * * * * * * * * ~ * * * * * * * * * * * * * * 19'il., before me. * : County Of SA-l'''l)I~~ ) On this the ~day of '~Il/tA.-_'R::::j ) 55. .q. (Y'IIc."Ael G mMS~AII Vv the udersigned Notary Public, personnally * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *. * * * * * * * * * * * * * * * * * * * * * * * * * * * * OFFICIAL SEAL WALTER BEERLE JR. Notary Public-Cal~ornla SAN DIEGO. COUNTY My Commlsston Expires Aprtl l8, 1994 PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * * * * ) ) SS. * * * * * * * * appeared [J personally known to me ~ proved to me on the basis of satisfactory evidence to * be the person(s} whose name(s) j~ subscribed to * the within instrument, and acknowledged that h(' executed it. WITNESS my hand and official seal. * * * IP~ "~ Notary s Signature~ * * * * * * * * * * * * * * * * * * * * * * * . . . . . . . . . . On this the ____day of 19 before me, the udersigned Notary Public, personnally appeared [J personally known to me [J proved to me on the basis of to be the person(s) who executed on behalf of the partnership and the partnership executed it. WITNESS my hand and official seal. satisfactory evidence the within instrument acknowledged to me that * * . * * . · Notary's Signature . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of . } . County of } * * * . . * * . * . . . * * 55. On this the ____day of 19 before me, * * . * * the udersigned Notary Public, personnally appeared * * . [J personally known to me * [J proved to me on the basis of satisfactory evidence to * be the person(s} who executed the within instrument as . or on behalf of the corporation * therein named, and acknowledged to me that the corporation. executed it. . WITNESS my hand and official seal. . * * · Notary's Signature . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * .' F L . ( ( 793 RESOLUTION NO. P- 91-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 88-19M ASSESSOR'S PARCEL NUMBER 275-510-16 WHEREAS, Conditional Use Permit 88-19M, submitted by the congregation of st. Bartholomew's Episcopal Church, applicant, for the purpose of constructing a columbarium garden on a property located at 16275 pomerado Road in the Rural Residential C zone; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resol ve as follows: Section 1: Environmental Findinqs: The City Council finds that Conditional Use Permit 88-19M will not result in any significant impact on the environment and hereby issues a Negative Declaration. Section 2: Findinqs: 1. The proposed proj ect will be consistent with the existing general plan designation of Rural Residential-C in that the proposed project is a church related use which is permitted with the approval of a conditional use permit. 2. 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 site is a part of a property that is the location of an existing semi-public use. The use is separated from surrounding residential development to the north-west by existing structures and to the east by existing slopes. Proposed landscaping and a fence will provide additional screening of the site. 3. That the harmony in scale, bulk, coverage, and density is compatible with adjacent uses, the columbarium garden will be compatible with the adjacent semi-public use. Landscaping and the construction of a fence along the southern perimeter of the site will provide additional screening from pomerado Road traffic and nearby residential development. 4. That there are available public facilities, services, and utilities for the proposed columbarium garden. "EXHIBIT B" f 7. 8. L ( ( 794 Resolution No. P- 91-86 Page 2 5. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the proposed columbarium garden is located on a previously graded site and shares the site with a related semi-public use. The site is physically isolated from surrounding residential uses on three sides by a major thoroughfare and existing slopes. Landscaping and a fence will provide a buffering zone to the south. 6. That the generation of traffic will not adversely impact surrounding street and/or the City's Circulation Element, in that the proposed facili ty will generate an incremental increase in traffic. That the site is suitable for the type and intensity of the use proposed, in that the site has been previously graded and the proposed project consists of wall-like structures in a garden-like setting. That there will not be significant harmful effects upon environmental quality and natural resources, in that the site as it exists today has been cleared and graded during previous development. 9. That there are no other relevant negative impacts of the proposed use that cannot be mitigated, in that the columbarium garden will be screened by landscaping and a fence. 10. 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 this site as Rural Residential C and churches and related uses are permitted with the approval of a conditional use permi t. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 88-19M subject to the following conditions: 1. Within 30 days of approval the applicant shall submit in writing that all conditions of approval have been read and understood; and the property owner shall execute a Covenant on Real Property. 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 .; , ~ 6. 7. L 795 (- (- Resolution No. P- 91-86 Page 3 3. Adequate screening shall be provided to ensure that the area between the columbarium walls is not visible from off-site. 4. A detailed landscaping and irrigation plan shall be submi tted and approved by the Director of Planning Services within 60 days of project approval. The plan should specifically address landscaping along the southern project perimeter. The plans shall incorporate drought tolerant trees and plants. Approved landscaping shall be installed pr ior to issuance of certificate of occupancy. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 5. A six foot high solid fence shall be placed along the southern boundary to provide screening for future residential properties to the south. The operation and maintenance of the columbarium garden shall be in accordance with state, County and City Health and Safety Code and with any other applicable codes. 9. The applicant shall provide written assurance from the Episcopalian Diocese that it will be responsible for the operation and upkeep of the columbarium garden if for any reason st. Bartholomew's Episcopal Church is not able to meet its obligations. 8. 10. The owner of the church is financially responsible for the maintenance of the columbarium. 11. In accordance with state law, the owner of the columbarium garden shall provide written notice to each person who purchases or agrees to purchase interment rights in the columbarium garden of that person's ability to receive notice of a proposed change in the use of the cemetery for other than cemetery purposes. The written notice shall be substantially as follows: "state law gives you the right to know about future plans to use this cemetery for any other purpose. If you want to receive information about a future change, you must contact the local planning office and pay a small fee". . ( ( i'97 f Resolution No. P- 91-86 Page 5 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-91-86 , was duly adopted by the City Council at a meeting of said City Council held on the 17th day of December , 1991, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, SNESKO, GOLDSMITH NOES: MCINTYRE ABSTAIN: NONE [ ABSENT: NONE Clerk REPORTICUP8819N.RES