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Covenant Regarding Real Property 1996-0162555 RECORDtNG REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 No Transfer Tax Due :o"':,~~:- 1:.~ ~ t'\t'1.1' ,/",\0{ t~;rr-r Y. J 'T"" h~-_!I 1 ~l ''''~'''"1 -~ ,~ " / ,=' _L,/ _..\. ~ o~, '_._"".' ->C" " ......, ~~ I.' "I-', n. i QQ1~:, ;' ?(; (: r'! ) ) ) ) ) ) ) ) ) ) ) ) tJy ,f?~n'" " [) 360 :' ,'!'" ~':' ..,.... .... ,~_r. ~ I';' fb~OI6;ZffffF (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY CF Pomerado, a Delaware Corporation, ("OWNER" hereinafter) is the owner of real property described In Exhib~ A which Is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 317-223-04 ("PROPERTY" hereinafter). In consideration of the approval of Development Review 95-17 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees 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 In the event that Development Review 95-17 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 e~her 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 erformance of this Covenant the right to enforce this Covenant against OWNER Dated: 1/1/rfo Dated: /- ~ 3- 9e- By: OMERADO, A Delaware Corporation OWNER (Notarize) CITY OF POWAY ~ U--jH-(f~~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 361 State of ~t{.a) County of >:c-J tZA..i144 On ,4,/Vr..u-a:;y- 'f; Jt:ft:f(;, before me, Oat 11 personally appeared K ~~ E- , ~ ,t? N nd Title of Officer (e.g., "Jane Doe, Notary Public") .~~ Name(s) of Signer{s) ~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person~ whose nameis) is/aI'e subscribed to the within instrument and acknowledged to me that he{i:1:l8,'tAey executed the same in his/1:l8r.'tl:leir authorized capacity(i8ej, and that by his/her/their signature(sl"on the instrument the personi8r. or the entity upon behalf of which the personMacted, executed the instrument. ~~~~00-~'OoO>C J;t;~,~._~~~"',., PEGGY CURRIE (1,"'/ . ',(. ..,' e"I",)\,,...'rij t~,"~ARY ~tJ8LlC is'\\ j"/) S!" rE OF TEXAS ~,;:,',' ,-,; -,<> , fAy (,o:nm. Exp A _ ')(.;-9/ " . 'l".n" ." _.... 1)~'O-~'G-t\-c.o.~~'t'1}?-~'G-t). WITNESS my hand and official seal. ~ Signature of Notary PUblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: @1994 National Notary Association. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 -"62 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 39 OF THE CITY OF POWAY TRACT NO, 85-04 UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1987. '. "T. .. EXHIBIT A 363 RESOLUTION NO. P-96-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING DEVELOPMENT REVIEW 95-17 ASSESSOR'S PARCEL NUMBER 317-223-04 WHEREAS, Development Review 95-17, was submitted by Ken Smith Architect for Cor-O-Van, Applicant, for approval of the construction of a 73,901 square foot warehouse facility on a 6.3B acre lot located at 12375 Kerran Street, in the Light Industrial land use designation of the South Poway Specific Plan; and WHEREAS, the City Council of the City of Poway has read and considered the staff report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resolve as follows: Section I: Environmental Findinas: The previously certified Final Environmental Impact Report (EIR) and Final Subsequent EIR for the South Poway Specific Plan adequately addresses the potential environmental impacts of the proposed development. Section 2: Findinas: 1. The approved project is consistent with the South Poway Specific plan and the general pl an in that a manufacturi ngjwarehous i ng facility is a permitted land use within the Light Industrial land use designation. 2. That the approved project wi 11 not have an adverse aesthet i c, health, safety, or architecturally related impact upon adjoining properties in that the design of the building for the intended purpose conforms to the criteria of the South Poway Development Standards and will be compatible with current and future buildings in the vicinity. 3. That the approved project encourages the orderly and harmoni ous appearance of structures and property within the City in that the architecture incorporates features of the existing Cor-O-Van facility across the street and is consistent with design standards generally in the South Poway Business Park. Section 3: Citv Council Decision: The City Council hereby approves Development Review 95-17 subject to the following conditions: Within 30 days of approval (I) 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. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. EXHIBIT B 364 Resolution No. p-96-02 Page 2 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. 3. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4. Trash receptacle shall be enclosed by a six foot high masonry wall with vi ew-obstruct i ng gates pursuant to Ci ty standards. Location shall be subject to approval by the Planning Services Department. 5. All roof appurtenances, including air conditioners, shall be archi tecturally integrated, screened from vi ew and sound buffered from adjacent pro pert i es and streets as requi red by the Pl anni ng Servi ces Department. 6. Prior to any use of the project site or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 7. 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. 8. This approval shall become null and void if building permits are not issued for thi s project wi thi n two years from the date of project approval. PARKING AND VEHICULAR ACCESS 1. All parking lot landscaping shall include 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 curb. 2. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum of 25 feet wide emergency access shall be provided, maintained free and clear at all times during construction in accordance with Safety Services Department requirements. 3. All parking spaces shall be double striped. 4. The gate located along the west side of the building shall be a mlnlmum width of 20 feet in order to provide Fire Department access to the rear parking area on that side. 365 k~solution No. P-96-02 Page 3 5. No on-street parking shall be permitted. LANDSCAPE IMPROVEMENTS 1. Complete landscape construction documents shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). 2. A Master Plan of the existing on-site trees shall be provided to the Planning Services Department prior to the issuance of building permits and prior to grading, to determine which trees shall be retained. 3. Existing on-site trees shall be retained wherever possible and shall be ma i ntai ned in a hort i cultura lly acceptabl e manner. Dead, decayi ng, 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. Living trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Services Department. 4. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. 5. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. 1. A grading plan for the development of the property shall be submitted to the City's Engineering Services Department for review and approval prior to issuance of a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Engineering Services inspector's approval prior to issuance of a building permit. The grading plan shall be drawn at a scale of 1"- 20' or larger. 2. A right-of-way permit shall be obtained from the City's Engineering Services Department for any work to be done within the publ ic street right-of-way or any City-held easement. Said work shall include, but is not to be limited to, construction of driveway approach, sewer lateral installation, water service line installation, street construction. 366 Resolution No. P-96-02 Page 4 3. The following development fees shall be paid to the Engineering Services Department prior to building permit issuance. These fees are currently in effect and are subject to change. Sewer Connection ~$47,394.76 (Previously paid by Cadillac Fairview. No sewer connection fees to be paid to the City) Sewer Cl eanout ~ 50.00 Sewer Inspection = 25.00 *Water Meter (IV. inch size)= 275.00 *County Water Authority = 4,383.00 *Expansion Fee = 1,500.00 * Fees given are for 1'12 inch meter. If the meter size changes, the appropriate fees will be charged. 4. The traffic mitigation fee of $7,316.20 shall be paid to the Engineering Services Department prior to issuance of a building occupancy. 5. A water system analysis shall be performed for the new waterline and fire hydrant installation on site. The fee for this analysis is $2,800.00. The developer shall contact the Engineering Services Department for payment of the water analysis fee. 6. An improvement plan for the on-site waterline and fire hydrant shall be submitted to the Engineering Services Department for review and approval prior to building permit issuance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. Roof covering shall be fire retardant as per USC Section 3203(e) and City of Poway Ordinance 64. 2. 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. 3. The building will be required to install an approved fire sprinkler system meeting P.C.M. requirements. The building sprinkler system shall be designed to meet a minimum .33/3000 design density at the roof. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. 4. 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. 5. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 367 Reso 1 ut i on No. p- 96-02 Page 5 6. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 7. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be fil ed wi th the County of San Di ego Department of Health and copi es provided to the Fire Department. 8. 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 Post Indicator Valve. 9. Permanent access roadways for fire apparatus shall be designated as 'Fire lanes' with appropriate signs and curb markings. In addition, a 4A:60BC fire extinguisher shall be required for every 3,000 square feet and 75 feet travel distance. 10. The applicant shall provide a detailed plan for all storage areas and a complete racking plan. 11. 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 1 ift of asphalt shall be installed until all other construction activity has been substantially completed to the satisfaction of the City. 12. N.F.P.A. Standard 704, Hazardous Materials labeling, shall be provided as necessary throughout the building. 13. The buildings shall be provided with approved automatic smoke and heat vents. 14. A water systems analysis will be performed to establish available fire flow. 15. Plans for the mezzanine shall be included in plan check submittal. APPROVED and ADOPTED by the City Council California, this 23rd day of January, 1996. y certify, under the penalty of perjury, that the above and foregoing is a true pd correct copy of Resolution No. - r':;-b~ as adopted by the City ~~ Poway, California on the day of ~"-1 ' 1911L.. MARJ6R'E K. W AHLSTEN, CITY CUR/( by:/'nj K~1i:. ATTEST: I \ ,\.\ I J .J_,--l.\./...l Marjorie K. '/ ,,' -t ~ / v,.i.-l......\ ~ ahlsten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) } SS. ) 368 Resolution No. P- 96-02 Page 6 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-96-02 , was duly adopted by the City Council at a meeting of said City Council held on the 23rd day of January , 1996, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON E:\CITY\PLANNING\REPORT\DR9517.RSO . - .'~ ,/ -',--', \. ,I l ),(j~,..... tl~'J_ 1-- ,j -',/Ut__:.- 'vL.... Marjorie K. Wahlsten, City Clerk City of Poway