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Covenant Regarding Real Property 2020-0015270RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2021-0015270 11110111111111111111111111111111111111111111111111111111111 Jan 08, 2021 11:48 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $35.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) PAGES: 8 APN: 317-540-75 CUP 20-002 & DR 20-004 COVENANT REGARDING REAL PROPERTY ARCP UO Portfolio II, LP ("OWNER" hereinafter) is the owner of real property commonly known as 12462 Poway Road ("PROPERTY hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. In consideration of the approval of Conditional Use Permit (CUP) 20-002 and Development Review (DR) 20-004 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in 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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that CUP 20-002 and DR 20-004 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 20-002 and DR 20-004 upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 20-002 and DR 20-004 shall be of no further force or effect. If either party incurs costs as a result of filing a civil action 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. Dated: l i� OWNER OR AUTHORIZED AGENT: ARCP UO Portfolio II, LP, a Delaware limited partnership By: ARCP GP UO Portfolio II, LLC a Delaware limited liability company, Its General Partner By: By: CIM Real Estate Finance Management, LLC, a Delaware limited liability1company Its Manager '14 :r. Glynn Title: Vice President (Notarize)1! s �1ffucj (0: 0/0 VV STATE OF ARIZONA County of Maricopa The foregoing Covenant Regarding Real Property was acknowledged before me onNCV h(y i 0 , 2020, by Brian McGlynn, Vice President of CIM Real Estate Finance Management, LLC, a Delaware limited liability company, the Manager of ARCP GP UO Portfolio II, LLC, a Delaware limited liability company, the General Partner of ARCP UO Portfolio II, LP, a Delaware limited partnership, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. u or. _ OFFPC& SFAL _•.•� S. Christine Moffitt t %% L I ; '�"�! notary Pubic - State &Arizona L y D� \�-.0 rr51� COUNTY � Notary Public My Commission Expires: 0 Dated: I 0 S7 , ZO CITY OF POWAY: Robert J. Manis, Dire or o De elo'' ent Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on October 29, 2020 before me, Date personally appeared Robert J. Manis Yvonne Mannion Notary Public, Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. YVONNE MANNION Notary Public - Cali`ornia San Diego County Commission 12 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I Signature ii%(t r._C_ i . c?r t rt ; u r✓ (,7J Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Covenant CUP20-002 & DR20-004 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — D Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator D Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXI-IIBIT "A" LEGAL DES CRIPTON M16-002 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS: BEGINNING AT A' POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE 40.00 FOOT COUNTY ROAD TO POWAY, SAID POINT OF BEGINNING BEING NORTH 70°02'46" EAST, 1005.15 FEET FROM THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF MISSION ROAD 1-A AT STATION 378+70.9 THEREON, AS SHOWN ON MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, AND BEING ALSO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED FROM R.T. CREMER, ET UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940 AND RECORDED OCTOBER 16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID POWAY ROAD, SOUTH 83°20'00" WEST, 277.46 FEET; THENCE NORTH 00°43'00" EAST, 604.40 FEET TO THE INTERSECTION WITH THE CENTER LINE OF COUNTY HIGHWAY ROAD SURVEY NO, 987, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED AUGUST 9, 1950 IN BOOK 3720, PAGE 468 OF OFFICIAL RECORDS, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00°43'00" EAST, 403.75 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14; THENCE NORTH 88°44'09" WEST ALONG SAID NORTHERLY LINE, 275,16 FEET TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO J. FRANK LITTLE, ET UX, RECORDED MARCH 26, 1947 IN BOOK 2374, PAGE 80 OF OFFICIAL RECORDS; THENCE SOUTH 00°43'00" WEST ALONG THE WES 1'hRLY LINE OF SAID LAND, 475.54 FEET TO THE INTERSECTION WITH SAID CENTER LINE OF ROAD SURVEY NO. 987; THENCE EASTERLY ALONG SAID CENTER LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 90.00 FEET THEREOF. CONTAINING 1.846 ACRES GROSS AND 1.624 ACRES NET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Armand •; s. DuPont, L.S. 7780 April 4, 2019 EXHIBIT B RESOLUTION NO. 20-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 20-002 AND DEVELOPMENT REVIEW (DR) 20- 004; A MODIFICATION OF CUP 18-004 AND DR 16-014 TO EXTEND THE EXPIRATION DATE FOR THE UNITED OIL GAS STATION EXPANSION AND REDEVELOPMENT PROJECT AT 12462 POWAY ROAD; ASSESSOR'S PARCEL NUMBER 317- 540-75-00 WHEREAS, on March 6, 2018, the City Council approved Conditional Use Permit (CUP) 18-004 and Development Review (DR) 16-014 for United Oil; a proposal to redevelop and expand an existing gas station located at 12462 Poway Road in the Commercial General (CG) district of the Poway Road Specific Plan (PRSP). The project involves the demolition of all existing structures, the construction of a 2,400 -square -foot gas station mini -mart building, a 1,000 -square - foot car wash, a 4,000 -square -foot fueling station canopy, and the addition of two gas dispenser pumps; WHEREAS, on March 4, 2020, Al Beaudette on behalf of United Pacific requested approval of CUP 20-002 and DR 20-004 for a modification of the previously approved CUP and DR described above that would extend the expiration date by two years to allow the applicant additional time to complete the grading and building permit processes for the project; WHEREAS, on August 4, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing; follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as SECTION 1: The above recitals are true and correct. SECTION 2: In accordance with the California Environmental Quality Act (CEQA), the City Council on March 6, 2018 found the project to be consistent with the PRSP that was analyzed in the Environmental Impact Report (EIR) prepared in conjunction with the PRSP and therefore, no further environmental analysis is required of the project. The biological impacts related to the project are adequately addressed by and consistent with the Poway Subarea Habitat Conservation Plan, companion Implementing Agreement dated June, 1996, and associated Mitigated Negative Declaration, and further, are consistent with the analysis in the PRSP EIR. SECTION 3: The City Council hereby approves CUP 20-002 and DR 20-004 as shown on the approved plans stamped "Exhibit A" and dated August 4, 2020 on file in the Development Services Department, except as noted herein and subject to the following conditions: A. City Council Resolution P-18-04 remains in full force and effect except that the expiration date has hereby been extended by two years and Condition G-5 in Section 6 on page 5 of Resolution No. P-18-04 is amended as follows: Resolution No. 20-064 Page 2 5. Water Quality Control — Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code (PMC), and a signed PDF version. b. The applicant will be required to install trash treatment control devices inside all existing and proposed private storm drain grated inlet structures onsite. c. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the PMC. SECTION 4: The approval of CUP 20-002 and DR 20-004 will expire on March 6, 2022 at 5:00 p.m., except if prior to that time a Building Permit has been issued and construction has commenced on the property, or unless prior to the expiration a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Resolution No. 20-064 Page 3 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of August, 2020 by the following vote, to wit: AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ATTEST: AIL}, Carrie Gallagher, CMC, terim City Clerk Steve Vaus, Mayor