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Covenant Regarding Real Property 1991-0410523 RECORDING REQUEST BY: CITY OF POWAY 1437 r'c " 1991-0410523 13-AUG-1991 08:18 AM OFFICIAL RECOROS SAN OIEGO COUNTY RECORDER'S OffICE ANNETTE EVANS, COUNTY RECOROER RF: 14.00 FEES: AF: 12.00 MF: 1.00 27. 00 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ) ) ) ) ) i ') ) ) ) (This space for Recorder's Use) WHEN RECORDED MAIL TO: No Transfer Tax Due COVENANT REGARDING REAL PROPERTY Roman Catholic Bishop of San Diego, a corporation sole as to Parcel A and Diocese of San Diego Education and Welfare Corporation, a corporation as to Parcel B ("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 275-460-26, 58 ("PROPERTY" hereinafter). In consideration of the approval of county Major Use Permit Modification P74-77 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 In the event that County Major Use Permit Modification P74-77 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 reimQursement 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. 5 n ' RI> CA..th., Ite.1 ,!I~t,of of Q..1II VIe.jD Dated: OIl" ~ ('fCr / by' . J~ Q fOWNER (Notarize) ~..M... Dated: rl1 /u, /~f7/ I . , CITY OF POWAY By ~ ~ -t/~ (NO need to otarize) STATE OF CALIFORNIA) ) COUNTY OF SAN DIEGO) On this .;-d day of ~ ,19 1'1 , before me. Joyce E. Davis. a Notary Public in a for said State. personally appeared VINCENT WHELAN, personally know to me to be the Attorney-in-Fact of the Roman Catholic Bishop of San Diego. a corporation sole. that executed the within instrument and acknowledged to me that said corporation sole executed the same. 14~8 WITNESS my hand and official seal. .............. oI01t( E. Do\V1S T_ IM DIEtlO ~y . EXP. T 1 ~.~ y ublic in and for County and State No sa /'" .... ." i' . Y I ..~ 143:J LEGAL DESCRIPTION -ORDER NO. 48307-45 PARCEL A; ALL THAT PORTION OF LOTS 3 AND 4 IN SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE A~ID MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 4 DISTANT THEREON SOUTH 13~02'51R WEST 1351.87 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE ALONG SAID WESTERLY BOUNDARY SOUTH 13u02'S9R ~mST, 275.00 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO THE RO~mN CATHOLIC BISHOP OF SAN DIEGO, RECORDED MAY 12, 1959 AS DOCm~ENT NO. 95593 OF OFFICIAL RECORDS BEING A POINT IN THE NORTfIERLY LINE OF TEE SOUTHERLY 7 ACRES OF THAT PORTION OF SAID LOT 4 ~1HICH LIES NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY BOlJNDARY OF SAn BERNARDO RANCHO AtID ~mSTERLY OF THE CENTER LINE OF TilE ~mIN PUBLIC HIGH~lAY ROUTE 3; THENCE SOUTH 83QSO'40. EAST ALONG THE NORnlERLY LINE OF SAID LAND A DISTANCE OF 555.92 FEET TO THE CENTER LINE OF THAT CERTAIN 60.00 FOOT coutffY ROAD KNOWN AS MISSION ROAD I-A, ALSO KNOWN AS POMERADO ROAD; THENCE NORTH 2u07'OO. EAST ALONG SAID CENTER LINE A DISTANCE OF 273.69 FEET TO AN INTERSECTION WITH A LINE BEARING SOUTH 83050'40a EAST FROH THE POINT OF BEGHlNItlG; THENCE NORTH S3~50'40a WEST 503.63 FEET TO THE POI}IT OF BEGINNING. THE SOUTHERLY 7 ACRES OF THAT PORTION OF LOT 4, SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND 11ERIDIAN, . IN THE COutffY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVl'jY THEREOF WHICH LIES NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY LINE OF SAN BERNARDO RANCHO AND WESTERLY OF TIlE CENTER LINE OF THE MAIN PUI3LIC HIGHWAY, ROUTE 3, THE NORTHERI..Y I,INE OF SAID SOUTHERLY 7 ACRES BEING MEASURED PARALLEL WITH THE SOUTHERLY LINE OF Tim ABOVE DESCRIBED LAND. EXCEPTING THE~CFROM THAT PORTION OF THAT CERTAIN 7 (SEVEN) ACRE PARCEL OF LAND IN LOT 4 (FOUR) OF FRACTIONAL SECTION 35, TONNSRIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUWry OF SAN DIEGO, STATE OF CALIFORNIA, WHICH LIES NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF RANCHO SAN BERNARDO AND WESTERLY OF THE CENTER LINE OF COUNTY HIGllIiAY COHMISSION MISSION ROAD I-A (NOW KNOWN AS POl>1ERAT.lO ROA.TJ), SAID PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLI.OVIS; 48307-45 -3- Exhibit A , "," .,f/ f/ I .. , -"'\ 1440 BEGINNING AT A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID RANCHO SAN BERNARDO DISTANT THEREON 286.65 FEET tmSTERLY FROM THE CENTER LINE OF SAID POMERADO ROAD; THENCE NORTHERLY PARALLEL WITH THE CENTER LINE OF SAID POMERADO ROAD A DISTANCE OF 277.43 FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE OF 23.00 FEET; THENCE NORTHERLY AT RIGIlT ANGLES A DISTANCE OF 91.00 FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE OF 33.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE NORTUERLY LINE OF SAID 7 (SEVEN) ACRE PARCE!,. PARCEL B: THAT PORTION OF THAT CERTAIN 7 (SEVEN) ACRE PARCEL OF LAND IN LOT 4 (FOUR) OF FRACTIONAL SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO r.fERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, WHICH LIES NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTIlERLY LINE OF RANCHO SAN BERNARDO AND WESTERLY OF THE CENTER LI~~ OF COUNTY HIGHWAY COm1JSSION MISSION ROAD I-A (NOW KNOWN AS POMERADO ROAD), SAID PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID RANCHO SAN BERNARDO DISTANT THEREON 286.65 FEET WESTERTJY FRO~1 THE CENTER LINE OF SAID POMERADO ROAD; THENCE NORTHERLY PARALLEL WITH THE CENTER LINE OF SAID PO~reRADO ROAD A DISTANCE OF 277.43 FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE OF 23.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES A DISTANCE OF 91.00 FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE OF 33.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE NORTHERLY' LINE OF SAID 7 (SEVEN) ACRE PARCEL. 48307-45 -4- ------ I '- r~ ~ T .,..... r:\\\~:::: ~:.:~:~:;:;:~ 1441 RESOLUTION NO. P-9l-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MODIFICATION OF MAJOR USE PERMIT P74-77 ASSESSOR'S PARCEL NUMBER 275-460-26, 58 WHEREAS, a modification of Major Use Permit 74-77, was submitted by st. Michael's Catholic Parish, applicants, for the purpose of constructing a new sanctuary for the property located at 15546 pomerado Road in the City of Poway, County of San Diego, State of California; 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 hereby issues a Negative Declaration with mitigation measures required for public service impacts. Section 2: Findinqs: 1. The proposed project will be consistent with the existing general plan and there is a reasonable probability that the project will be consistent with the proposed general plan. 2. That the location, size, design, and characteristics of the proposed use will be wi th and will not adversely affect or be detrimental to adjacent uses, residents, structures, or natural resources, in that a has occupied the site in excess of 15 years. operating compatible materially buildings, church use 3. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that all development standards of the Zoning Ordinance are met. The project will meet the applicable property development standards for off-street parking, setbacks, lot coverage, and building height. 4. That there are available public facilities, services, and utilities to serve the proposed use as all facilities and services can be provided for through the conditions of approval. The use of low water usage fixtures will be required throughout the project. That there will not be a harmful effect upon desirable neighborhood characteristics in that churches are considered to be an integrated neighborhood use. 6. That the generation of traffic will not adversely impact the surrounding streets and/or the City I s Circulation 5. \- l~ , 7. 8. 9. 1442 Resolution No. P- 91-43 page 2 Element in that a condition of approval will require the payment of Traffic Mitigation Fees as well as provision of adequate off-street parking facilities. That the site is suitable for the type and intensity of use and development proposed in that the site is located in a commercial zone and has demonstrated compatibility with surrounding property. That there will not be significant harmful effects upon the environmental quality and natural resources in that the site is wholly disturbed and presently in use as a church and school facility. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. That the impacts, as described above, and the location of the proposed use will not adversely affect the City of poway General plan for future use as well as present development. Section 3: City Council Decision: 10. '.,. The City Council hereby approves the modification of Major Use Permit P74-77 subject to the following conditions: ~ 1. Within 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 this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. Approval of this request shall not waive compliance with all sections of the Zoning Development Code and all other applicable City Ordinance in effect at the time of building permit issuance. 3. 144.3 Resolution No. p-91-43 Page 3 I '-- I- t- - All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. 5. Pr ior to any use of the new building, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 4. 6. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. 7. The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees. These fees shall be paid prior to building permit issuance. Permit and plan check fees shall be paid upon submittal of an improvement and/or grading plan as applicable. All fees, including but not limited to water service fees, for additional or increased meter sizes, sewer cleanout, and sewer inspection fees shall be paid prior to building permit issuance. 8. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. PARKING AND VEHICULAR ACCESS 1. All new parking lot landscaping shall consist of a minimum of one 15 gallon size tree for every three spaces. For parking lot islands, a minimum 12 inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a six inch high, six inch wide portland concrete cement curbing. 2. All exterior lights shall be low pressure sodium and have a maximum height of 18 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and residences. 3. All two-way traffic aisles shall be a minimum of 25 feet wide and emergency access shall be provided, maintained free and clear, a minimum of 24 feet wide at all times during construction in accordance with Safety Services Department requirements. 4. All parking spaces shall be double striped. 1444 Resolution No. P-91-43 Page 4 , \ , \.- . r": LANDSCAPING 1. A detailed drought tolerant landscape and low-flow irrigation plan shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. 2. All landscaped areas shall be maintained in a heal thy and thriving condition, free from weeds, trash, and debris. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. "'f 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to building permit issuance. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. ,~- 4. The final grading plan, prepared on a standard size sheet, shall be subject to review and approval by the Planning Services and Engineering Services Departments and shall be completed prior to issuance of a grading permit. 5. A pre-blast survey of surrounding property shall be conducted to the satisfaction of the City Engineer prior to any rock blasting. Seismic recordings shall be taken for all blasting and blasting shall occur only at locations and levels approved by the City Engineer. 6. A final compaction report shall be submitted and approved prior to issuance of building permits. 7. Site grading shall be certified by the project civil engineer prior to issuance of building permits. 8. All new slopes shall be a minimum of 2: 1 (horizontal to vertical) . '- 9 . Non-supervised or non-engineered fill is, specifically not allowed. Rock disposal areas shall be graded in compliance 1445 Resolution No. P-91-43 Page 5 ',,_. I~ r with City-approved soils investigations and recommendations an grading plans. Erosion control, including but not limited to, basins, shall be installed. The developer provisions to insure the proper maintenance of control devices throughout their intended life. STREETS AND SIDEWALKS 10. desiltation shall make all erosion 1. All Circulation Element roads shall be dedicated and improved to Circulation Element Road Standards and to the specifications of the Director of Engineering Services. 2. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to final inspection to the satisfaction of the Department of Engineering Services. 3. Prior to any work being performed in the public right-of-way, an encroachment permit shall be obtained from the Engineering Services department and appropriate fees paid, in addition to any other permits required. ,r The developer shall acquire an encroachment permit for any private improvements placed within the public right-of-way. DRAINAGE AND FLOOD CONTROL 4. 1. A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the property from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Engineering Services to properly handle the drainage. 2. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 3. Concentrated flows across driveways and/or sidewalks shall not be permitted. UTILITIES 1. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of poway and the County of San Diego Department of Health. 2. The applicant shall pay for a water system analysis to establish the proper size and location for the public water system. The amount will be determined by the cost of the analysis and shall be paid upon demand by the City. ~'i;.;"/I 1446 Resolution No. P-91-43 page 6 '. Water and sewer main lines and appurtenances that will be installed at locations other than within public streets shall have an easement, a minimum of 20 feet wide, dedicated to the Ci ty of poway. Mul tiple parallel facilities will require additional easement width for on-site facilities. Lines shall have the easement dedicated by a separate instrument recorded prior to plan approval or building permit issuance, whichever comes first. Easement review fees shall be paid at submittal. 4. All public utility lines (i.e., water, sewer, drainage) not located within public streets shall have an improved access over and along the respective easement, the surfacing and width of which shall be acceptable to the City Engineer. 3. - ...J 1 5. All remaining overhead utility lines shall be placed underground prior to final building occupancy. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Roof covering shall be fire retardant as per UBC Section 3203(3) and City of Po way Ordinance No. 64. 2. The buildings shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers is six inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all- weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13' 6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of poway Municipal Code. ~ 4. An approved fire sprinkler system will be rquired to be installed within the new building. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switch, also monitored, are to be located by the City Fire Marshal prior to installation. 5. Two new on-site fire hydrants are required. The location of the hydrants shall be determined by the City Fire Marshal. Approximate locations will be southwest of the new church and northwest of the existing cloister. 6. A "Knox" Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler system Post Indicator Valve. '- ...... I T '- "- ~<:{?? ( "- 1447 Resolution No. P- 91-43 Page 7 Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 8. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 7. 9. Permanent access roadways for fire apparatus shall be designated as FIRE LANES with appropriate signs and curb markings. GENERAL REQUIREMENTS AND APPROVALS 1. Prior to occupancy, all dedications shall be made and easements granted as required above. 2. Developer shall provide the City of poway with copies of all digitized topographic and improvement data reflecting initial conditions and as-built conditions of the development. APPROVED and ADOPTED by the City Council of the state of California, this 16th day of Jul 1991. ATTEST: Jan K11J . Wahlsten, -t.. City Clerk j,d \ '- :":';':':ii , \-. 1448 Resolution No. P-91-43 page 8 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-91-43 , was duly adopted by the City Council at a meeting of said City Council held on the 16th day of _ July , 1991, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE k' ~ t;... wahlsten, City Clerk way REPORT\P7477(M2).RES