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Covenant Regarding Real Property 1991-0476296 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ) ) ) ) ) ) ) ) ) ) ) ) 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) ~ i- COVENANT REGARDING REAL PROPERTY ( 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 In the event that Major Use Permit P61-S6W{M) expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY, If either party is required to incur costs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: ~~3) )C)~l ~~l'~ Notarize) -\(,,'\\..\ Dl--_J': ''-',I:.:.\->\)[0.'~;'' ~""'1 Moderator Dated: tiiNd /.3, /99/ CITY OF POWA Y By ~ lJ,.";/--I/~A (No need to ~tariZe) 1983 tPORATE.ACKNOWLEDGMENT t * * * * * * * * * * * * * * * * * * * * * * State of (l-"LtAlA.'~' I . (j , ) County of eLM"} I'::,) ~~ ) @,.OFFlCIAlNOTARYSEAl . LOU WIlSON ....'.. ~ Publlc-Cal_ , SAN DIEGO COUNlY . MyComm.Expno JUl28,l115 . * * * * * * * + * + + + + + + the * * * * * * * * *.* * * * * * * * * * * * * * * "" . II day of A<yk/. /.. () ,,( cu' i /S (]A! undersigned Notary Public, personally appeared J f'. ff KFJ' (/5. t3 Pc: J'fEf< persona fly known to me On this the 55. 19 ZL-, before me, * * * ,* * * *. * * [] proved t~ me on the basis of satisfactory eviden~e to * be the person~ who executed the within instrument as * /:l~CN or on behalf of the corporation * therein named, and acknowledged to me that the corporation * executed it. * WITNESS !11y hand and official seal. * ~.. -co';;/UTf : +~frN1i2n~t~r: + + + + + + + + + + + + + + +.. , . . * )3 , 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. oj/do EXHIBIT A F L 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. [ 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 . I. \ L/'-- Mayor ATTEST: ( J ) \D,w\A---<- I~ ~~ \){,v/0;l~ Marjorie K. Wahlsten, City Clerk ,,-,: ,":.;:::. ;":;":':":i .1988 F Resolution No. P-91-53 Page 4 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-91-53 , 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 [ 'J l\O-.-,\-..~c ~) U~/,,-\t,,-~ Marjorie K. Wahlsten, City Clerk City of poway -, REPORT\P6186W.RES b}(