Covenant Regarding Real Property 1991-0476296
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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1982
~oc " 1991-0476296
17-SEP-1991 08=46 AM
OFFICIAL RECORDS
SAM DIEGO COUHTY RECORDER'S OFFICE
AHNETTE EVANS, COUNTY RECORDER
RF: 9.00 FEES: 23.00
AF: 13.00
Mf' 1.00
RECORDING REQUEST BY.
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
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COVENANT REGARDING REAL PROPERTY
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Community Church of Poway, a California 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 317-110-65 ("PROPERTY"
hereinafter). In consideration of the approval of Modification to
Major Use Permit P61-S6W{M) 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 Major Use Permit P61-S6W{M) 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rescinded by City Council at the request of the OWNER, CITY shall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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Notarize)
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Moderator
Dated: tiiNd /.3, /99/
CITY OF POWA Y
By
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1983
tPORATE.ACKNOWLEDGMENT
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undersigned Notary Public, personally appeared
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persona fly known to me
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LEGAL DESCRIPTION
OR~ER NO. 937147-19
1984
The land referred to herein is situated in the State of California, County of
San Diego, and is described as follows:
All that portion of the West Half of the South Half of the Northwest Quarter of
the Northeast Quarter of Section 13, Township 14 South, Range 2 West, San
Bernardino Base and Meridian, in the County of San Diego, State of California,
City of Poway, described as follows:
Beginning at a point on the South line of said Northwest Quarter of the
Northeast Quarter, distant thereon South 88058'55" East 197.68 feet from the
Southwest corner thereof, said point being also the Southeast corner of the land
as described in deed to the Community Church of Poway, recorded May 22, 1950 in
Book 3628, page 318 of Official Records; thence South 88058'55" East along said
South line 30.00 feet; thence North 1054' East parallel with and 30.00 feet
Easterly at right angles to said East line of said Community Church land 637.32
feet to a point of intersection with the Westerly prolongation of the Northerly
line of the land as described in deed to Melvin C. Harper and Nellie B. Harper,
recorded July 29, 1957 in Book 6682, page 513 of Official Records; thence North
88055'30" West along said prolongation 227.68 feet to the West line of said
Northwest Quarter of the Northeast Quarter; thence South 1054' West along said
West line 637.32 feet to the Southwest corner of said Northwest Quarter of the
Northeast Quarter; thence Easterly along the South line of said Northwest
Quarter of the Northeast Quarter 197.68 feet to the TRUE POINT OF BEGINNING.
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EXHIBIT A
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1985
RESOLUTION NO. P- 91-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATION OF MAJOR USE PERMIT P6l-86W
ASSESSOR'S PARCEL NUMBER 317-110-65
WHEREAS, a modification of County Major Use Permit P61-86W,
was submitted by Community Church of poway Nursery School,
applicant, for the purpose of adding 24 students to an existing
nursery school containing an enrollment of 24 children; and
WHEREAS, the City Council has read and considered said report
and has considered 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 finds that the previous Negative
Declaration with mitigation measures required for the
establishment of the church and later the nursery school
adequately addressed all issues of environmental impacts
associated wi th the subj ect proj ects. No further
environmental action is required.
Section 2: Findinqs:
1. The proposed proj ect 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 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 a nursery
school use has occupied the site in excess of ten years.
3. That the scale, bulk, coverage, and density is consistent
with adjacent uses, in that all development standard 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 for any new fixtures added.
"EXHIBIT B"
1986
p
Resolution No. P-91-53
Page 2
That there will not be a harmful effect upon desirable
neighborhood characteristics in that nursery schools 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's Circulation
Element in that adequate off-street parking facilities
already exist on-site.
5.
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7. That the site is suitable for the type and intensity of
use and development proposed in that the site is located
in a residential single-family zone and has demonstrated
compatibility with surrounding property.
8. 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 nursery school facility.
9. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
10. 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:
The City Council hereby approves the modification of Major Use
Permit P61-86W(M) '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
uses.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall continue to be used in accordance with the approved
site plans on file in the Planning Services Department and the
conditions contained herein.
1987
F
2.
Resolution No. P-91-53
Page 3
Approval of this request shall not waive compliance with all
sections of the Zoning Development Code and all other
applicable City Ordinances.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. The nursery school shall maintain the fire alarm system and
the fire extinguishers in the fellowship hall in good working
order.
2. The school operators shall install illuminated "EXIT" signs
over the two exits in the fellowship hall by May 1992.
APPROVED and ADOPTED by the City Council of he City of Poway,
State of California, this 13th day of August 199 .
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Mayor
ATTEST:
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Marjorie K. Wahlsten, City Clerk
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.1988
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Resolution No. P-91-53
Page 4
STATE OF CALIFORNIA
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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-91-53 , was duly adopted by the City Council
at a meeting of said City Council held on the 13th day of ____
August ,l99l, and that it was so adopted by the following
vote:
NOES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLOSMITH
NONE
NONE
AYES:
ABSTAIN:
ABSENT:
NONE
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Marjorie K. Wahlsten, City Clerk
City of poway
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REPORT\P6186W.RES
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