Covenant Regarding Real Property 1991-0425690
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RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
)
No Transfer Tax Due )
38
DOC" 1991-0425690
20-AUG-1991 08:45 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
Rf: 9.00 fEES: 23. 00
AF: 13. 00
nF: 1.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Norman N. Nowell and Sandra L. Nowell, husband and wife as
j oint t~nants ("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 91-03 and Specific Plan Amendment 84-0l1
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 91-03 and Specific
Plan Amendment 84-01I expire or are rescinded by City Council at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: 5--,) 1-1/ -I
Dated: 5- ,;{-q / O~t:ri ~~
, OWNER (Notarize)
Dated: '~-J,~-"l\ CITY OF POWAY
By ~ 0J~-cf~
(No need to tarize)
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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 HAP 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
EXHIBIT A
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* State -of (' Jl~ ' flia...
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County of C:Xo..~e...,
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* * *' .. * 11 * * *~ 11 * * * * * * * * .. * * .. * * * * * * ..
this the c3l.\ day of Nful 19 .:!i. before me, *
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the underSign~i~ :f;~~~ ~~nallY appeared
N(){ mo.. Y) N~N OWeJ \
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~- OFFICIAL NOTARY SEAL
.', . KATHY SCHIRM
~ · Notary Public - California
. ORANGE COUNTY t
My Comm, Expires MAY 23,1994 r
00 personally known to me *
*
o proved to me on the basis of satis~actory evidence *
to be the person(s) whose name(s) \';;> subscribed *
to the within instrument, and acknowledged that lie.. *
executed. it. *
WI'rnESS my hand and official seal. *
'h ():k~ JJ(\~ n)'(Y\ :
Notary's Signatur *
* * * * * * * *.. *.. * .. * * * * * * * * * * * * * * * * *
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PARWERSllIP ~
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On this the day ,of 19 _, before me, *
) ss. *
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* Notary I s Signature *
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State of
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) who executed the within instrument
on behalf of the partnership, and acknowledged to me that
the partnership executed it.
WITNESS my hand and official seal.
*
CXllU'ClRME ~
* * * . * * * * * . * * * * * . * * . * * . * * * * * * * * * * * * * * * * * * * * * * * * * *
* State of On this the day of 19 _, before me. *
* ) 55. *
* County of ) , *
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the undersigned Notary Public, personally appeared
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o personally known to me
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n proved to me on the basis of satisfactory evidence to *
'Ee the person(s) who executed the within instrument as *
or on behalf of the corporation *
therein nane:i, and acknowledged to me that the corporation *
executed it. *
WI'INESS my hand and official seal. *
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* Notary's Signature *
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(6/84)
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39
RESOLUTION NO. P-91-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-03
ASSESSOR'S PARCEL NUMBER 317-225-04
WHEREAS, Conditional Use Permit 91-03, submitted by Shell
scott, Batters Box, applicant, requests approval to operate indoor
batting cages within an existing building located at 12528 Kirkham
Court, in the Planned Community zone; and
WHEREAS, on April 23, 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 resol ve as
- follows:
Section 1:
Environmental Findinqs:
This project
CEQA (Class
structures.
is categorically exempt under the provisions of
1), minor alteration of existing private
Section 2: Findinqs:
1. The proposed proj ect 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 be operated on an
appointment only basis.
That there are available public facilities, services, and
utilities, because the use will be located in an existing
industrial building.
5.
"EXHIBIT B"
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40
Resolution No. P-91-25
Page 2
That there will not be a h~rmful effect upon desirable
neighborhood characteristics, in that the use will be
located inside a building.
7. That the generation of traffic will not adversely impact
the surrounding streets and/or the City I s Circulation
Element, in that the use will operate out of a business
park where existing street improvements and off-street
parking are adequate.
6.
8. That the site is suitable for the type and intensity of
designated use which is proposed, in that it is in an
area for light industrial uses and the business will
operate on an appointment only basis.
9. That there will not be significant harmful effects upon
environmental quality and natural resources in that the
use will be contained within an existing building on a
fully developed site.
9. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 91-03
subject to the following conditions:
1. wi thin 30 days of approval: (1) The applicant shall
submit in writing that all conditions of approval have
been read and understood; and (2) the property owner
shall execute a Covenant on Real Property.
2.
The use conditionally granted by
conducted in such a manner as
reasonable use and enjoyment
industrial uses.
this permit shall not be
to interfere with the
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 91-03 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.
In the event noise emanating from the use becomes a nuisance
to the adj acent tenants (the City receives complaints), the
applicant shall have a noise study promptly prepared. The
2.
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Resolution No. P-91-25
Page 3
3.
Planning Services Department will determine whether the
project complies with City Noise Standards. If noise
mitigation is found necessary, the applicant shall comply.
The applicant shall obtain a business license from the
CUstomer Services Department prior to commencement of business
activity.
The applicant shall obtain an approved temporary use permit
for anyon-site outdoor promotional events.
4.
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. Provide a key for suite to put in "Knox Box".
2. Provide one 2A:l0BC fire extinguisher.
3. Any changes/modification to the suite that interferes with
fire sprinkler operation shall be corrected.
4. The referenced conditions shall be inspected at the time of
occupancy.
GENERAL REQUIREMENTS AND APPROVALS
The conditional use permit shall lapse and shall become void
April 23, 1993 if the site has not been occupied in accordance
with the conditional use.
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Resolution No. p-91-25
Page 4
APPROVED and ADOPTED by the City ~ouncil of the City of Poway,
state of California, this 23rd day of Apr 1 199 .
ATTEST:
, 'I
. I '
/(...~ '-
th, Mayor
K :J ~-t
Wahlsten, City Clerk
CiA:
Marjorie K.
LJ
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-91-25 , was duly adopted by the City Council
at a meeting of said City Council held on the 23rd day of
April , 1991, and that it was so adopted by the following
vote:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NOES:
ABSTAIN: NONE
ABSENT: NONE
Ij 11 !.L~<~ f(;i1/ {l.'M--t:.
Marjorie\K. Wahlsten, City Clerk
Ci ty o~ poway
REPORT\CUP9103.RES