Covenant Regarding Real Property 1990-399525
2083
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RECORQING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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(This space for Recorder's use)
COVENANT REGARDING REAL PROPERTY
Rudolph L. Tamayo Jr and Mary B. Tamayo, husband and wife, as joint tenants,
and Ruldoph L. Tamayo Sr. and Crispina M. Tamayo, husband and wife as joint
tenants, all as tenants in conmon, ("OWNERS" hereinafter) are the owners of real
property described in Exhibit A which is attached hereto and made a part hereof
and which is conmonly known as Assessor's Parcel Number 314-192-23 ("PROPERTY"
hereinafter). In consideration of the approval of Conditional Use Permit 82-10M
and Development Review 90-03 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 82-10M and Development Review 90-03
expire or are rescinded by City Council at the request of the OWNER, CITY shall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.
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OWNER Notarize) II
Dated:
July 10, 1990
Dated:
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Dated:
Dated:
CITY OF POWAY
By ~AA- lJ~-cf~
No need to N arize)
GENERAL ACKNOWLEDGMENT
2086
00.201
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Counfy of 8 AI\) {J \ t' So
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Onthisfhe1lo dayof 3ul ~
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19___, before me,
the undersigned Notary Public, personally appeared
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omCIAL SEAL
MICHELE LEVERSON
NOTAFlY PUBUC CALIFORNIA
SAN DIEGO COUfllTY
My Comll\ &.plr8S ;01\ 24, '992
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o perylly known to me
[g..{frOved to me on the basis of satisfacto~ evid...ence
to be the person( s) whose name( s) 1\ t\.L subsclibed to the
within instrument, and acknowledged that \ k .~ I executed it.
WITNESS my hand and official seal. ('7
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Notary's Signature
ATTENTION NOTARY: Although the infonnation requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
, COM \!E.;v/tN\
THIS CERTIRCATE Title or Type of Document , 'Ci
MUST BE ATIACHED Number of Pages 3 Date of nocument l- r ~ '7
TO THE DOCUMENT ')~"'\ '
DESCRIBED AT RIGHT: Signer(s) Other Thari Named Above \\ ' ',~ ;\\\I"i(: SfL
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7120019
NATkJNAL NOTARY ASSOCIATION. 8236 Remmel Ave.. P.O. Box 7184. Canoga Pari<, CA 91304-7184
~081
Portion of the South 185.00 feet of the West half of the West half of the Northwest
Quarter of the Northeast Quarter of Section 12, Township 14 South, Range 2 West, San
Bernardino Base and Meridian, according to United States Government Survey, lying
Southeasterly of a line which is parallel with and 51.00 feet Southeasterly of the
following described line:
Beginning at a point on the North and South center line of said Section 12, distant
thereon South 00005'59" West, 1621.28 feet from the ,North Quarter corner of said
Section 12, said point being on a curve the center of which bears South 83005' 09"
East, 1800.00 feet from said point, said point having coordinates N=294,6l4.894 and
E=l,757,827.952 of the California Coordinate System Grid Zone 6; thence Northeasterly
along said curve through a central angle of 84017'32" a distance of 2648.11 feet to a
Point of Tangency with the North line of said SectIon 12, distant thereon South
,88046'38" East, 1822.38 feet from said North Quarter corner of Section 12, said Point
of Tangency having coordinates N=290,197.814 and E-1,759,652.751 of said California
Coordinate System Zone 6. '
EXCepting therefrom that portion lying within the West 135.00 feet of said West Half
of the West Half.
EXHIBIT A
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* State of HAWAII'
'2088
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on this the 10th day of Julv
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19 ~, before me, *
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e My Commission Expires: 9 25 92 .
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On this the day of 19 _, before me, .
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On this the day of 19 _, before me, '"
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o personally known to me :
n proved to me on the basis of satisfactory evidence to .
'5e the person(s) who executed the within instrument as .
or on behalf of the corporation .
therein named, and acknowledged to me that the corporation *
executed it. .
WI'lNFSS my hand and official seal. .
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County of
HONOLULU
Lillian y, Morinaka
the undersigned Notary Public, personally appeared
Rudolph L. Tamayo Sr. and Crispina M. Tamayo
w
o personally known to me
GJ proved to me on the basis of satiSfactory evidence
to be the person(s) whose nane(s) they subscribed
to the within instrument, and acknowledged that thpv
executed it.
WI S my hand and off
PARmERSHIP ~
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State of
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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.
CXlRPORATE ~
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'" State of
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the undersigned Notary Public, personally appeared
* I-btary's Signature
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2089
RESOLUTION NO. P- 90-42
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 82-10M
AND DEVELOPMENT REVIEW gO-OJ
ASSESSOR'S PARCEL NUMBER 314-194-23
WHEREAS, Conditional Use Permit 82-10M and Development Review 90-03, sub-
mitted by Mary Tamayo, poway Country Preschool, Applicant, requests approval to
increase the maximum number of children permitted at the facility, at anyone
time, from 45 to 60 and approval to add a 960 square foot modular unit to the
existing preschool. The .64 acre site is located at 14411 Norwalk Lane in the
RS-4 (Residential Single-Family) zone; and
WHEREAS, on June 12, 1990, 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 resolve as follows:
Section 1: Environmental Findings:
That this project will not create adverse impacts on the environment and a
Negative Declaration with conditions for noise, traffic circulation, sewage
disposal, and tree removal is issued.
Section 2: Findings:
1. 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 because the characteristics of
surrounding uses have similar urban qualities.
2. That the harmony in scale, bulk, coverage, and density is consistent
with adjacent uses because the adjacent residential uses are separated
from the building envelope by passive and active open space and road
alignments and because surrounding uses are complementary with the use
of the site for a preschool. Architectural features of the structure
blend with the surrounding residential buildings.
3. That there are available public facilities, services, and utilities.
4. That there will not be a harmful effect upon desirable neighborhood
characteristics because the use of the site as a child center is com-
patible with surrounding residential uses.
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2090
Resolution No. P- 90-42
Page 2
5. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element because ade-
quate on-site parking is proposed and because this impact is mitigated
by existing and future road improvements and appropriate mitigation
fees.
6. That the site is suitable for the type and intensity of use or develop-
ment which is proposed because the property has undergone previous
development.
7. That there will not be significant hannful effects upon environmental
quality and natural resources because the building envelope is located
outside of the limits of the floodway and as a result of previous devel-
opment on the property.
8. That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
9. That the impacts, as described above, and the location of the proposed
use w111 not adversely affect the City of Poway General Plan for future
as well as present development because the use is consistent with
designation, goals, objectives and policies of the General Plan.
Section 3: City Council Decision:
The City Council hereby approves Conditional .Use Penna CUP 82-10M and
Development Review 90-0J 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. Condition No.5 of Resolution No. P-85-07J shall be amended as follows:
A maximum of 60 children, ages 2 through 10, shall be pennitted on
the site at anyone time.
3. The use conditionally granted by this pennit 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: .
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2091
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Resolution No. p_90-42
Page 3
SITE DEVELOPMENT
1. The applicant shall construct a solid wall or fence a minimum of 42 inches
'in height, but not to exceed 48 inches, along the northern perimeter of the
parking lot prior to certification of occupancy of the modular unit.
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 pennits.
3. The proposed modular unit must be approved by the State of California as an
E occupancy.
4. The modular unit shall be provided with a minimum of two exits in accordance
with Unifonn Building Code Table No. 33-A.
5. All access to the modular uni1 shall comply with the State of California
Building Standards Code Disabled Access Regulations including landings,
ramps, handrails, sidewalks, etc.
6. Engineered foundation and seismic tie-down details shall be provided prior
to pennit approval.
PARKING AND VEHICULAR ACCESS
I. All parking spaces shall be double striped with a minimum inside dimension
of 8.5 x 18.5 feet. One designated handicapped parking space, meeting the
dimensional requirements of the State of California Disabled Access
Regulations, painted with the universal symbol shall be provided.
2. A parking lot plan showing a minimum aisle width of 46 feet (to accommodate
drop off facilities), a minimum of ten parking spaces and the use of direc-
tional arrows to guide drop off traffic flow shall be approved by the
Planning Services Department prior to certification of occupancy of the
modular unit.
3. The applicant shall devise a student drop off program for morning peak hours
(7:30 a.m. - 9:00 a.m.). The program shall be implemented on the date the
modular unit is certified for occupancy. The drop off program will be moni-
tored and evaluated for effectiveness during the annual staff review of the
conditional use pennit.
LANDSCAPING
1. A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building pennits and
prior to grading, to detennine which trees shall be retained.
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Resol ution No. P- 90-42
Page 4
2. Existing on-site trees shall be retained wherever possible and shall be
trimmed and/or topped. Dead, decaying or potentially dangerous trees shall
be approved for removal at the discretion of the Planning Services
<Department during the review of the Master Plan of Existing On-Site Trees.
Those trees which are approved for removal shall be replaced on a tree-for-
tree basis as required by the Planning Services Department.
3. The applicant shall submit a landscaping plan to the Planning Services
Department for approval prior to issuance of building permits. The plan
shall show the placement and species of the six trees that will replace the
six removed trees. If the trees to be removed exceed the size of a 72 inch
box specimen (approximately eight inches in diameter), two 48 inch box spe-
ciman trees shall be used as replacements.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Applicant shall contact the Engineering Services Department regarding
payment of Sewer Fees and Traffic Mitigation Fees.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Install fire alarm system with exterior bell meeting~urrent standards.
2. Provide access gate through new chain link fence to access the play area.
ADDITIONAL CONDITIONS
All other conditions of City of Poway Resolutions No. P-85-073 and P-88-24.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of June, 1990.
w~~
Don Higgins Mayor
ATTEST:
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Marjorie K. Wahlsten, ity Clerk