Covenant Regarding Real Property 1996-0133171
CITY CLERK
CITY OF POWAY
POBOX 788
POWAY CA 92074-0788
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1283
DUL # 1996-0133171
19-MAR-1996 08=54 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 13.00 FEES: 31. 00
AF: 17.00
MF: 1. 00
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
'\
No Transfer Tax Due
(ThIs space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
KIrkham Stowe, Inc., A California Corporation rOWNER" hereinafter) Is the owner of real property
descIlbed In ExhlbII A which Is attached hereto and made a part hereof and which Is commonly known as
Assessor's Parcel Number 317-224-{)1, 317-225.{)4, 05 ("PROPERTY" hereinafter). In conslderatlon of the
approval 01 T8I1latlve Parcel Map 95.{)4 by the CIty 01 Poway ("CITY" hereinafter), OWNER hereby agrees
to abide by conditions 01 the attached resolution (Exhibit B).
Thla 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In the IMlIt that T enlatlve Parcel map 95.{)4 expires or Is rescinded by City Council at the request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 eIlher party Is required to Incur costs to enforce the provlslona oIlhla Covenant, the prevaUlng
party shaI be llI1IIIIed to fUI reimbursamenI of all costs, Includlng reasonable attorneys' fees, from the other
party. The aTY may assign to persons Impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated:
,-II-f'h
~' iL iJr - 1/>0- ~.r
Kirk m Stow,rnc., OWNER (Notarize)
CITY OF POWAY
Dated: 3- ':)- 90
By:
u- . w~j- - /11..=Ll-tt,
1284
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Diego,
and is described as follows:
PARCEL 1:
Lot 8 of the City of Poway Tract No. 85-04, Unit No.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.
PARCEL 2:
Parcels 4 and 5 of Parcel Map No. 15618, in the City of Poway, County of San Diego,
State of California, filed in the office of the County recorder of San Diego County, March
24, 1989 as file No. 89-152071 of official records.
EXHIBIT A
CALIFORNIA ALL.PURPO~_ ACKNOWLEDGMENT
State of
1285
CA Ll f=!.O(7..."-f~-A
SA,J FQA,J c..t ~ <..0
On 03 .IL.' q (., beforeme,12.ICHft.{lO lC.. S'MITU JOT
perSOnallyappeare:" J DUJ W e~ Nam..odTItI.afOff'''le.g.,'J,"e ',Nafa,.,.,",.") 7 ,
~ Name(s)of Signer(s)
~ rsonally known to me - OR - 0 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.
Cou nty of
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~ NalaIy PIM:-( .
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Signa ure of Notary Public
OPTIONAL
Though the information be/ow 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: t'..oVr;;;;.,J fA NT ~(LD/.J C::r---.~ t-f/(2.[)f<i'tJ{
Document Date: Number of Pages: 2....
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
o 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
RESOLUTION NO. P- 96-12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 95-04
ASSESSOR'S PARCEL NUMBER
317-224-01 and 317-225-04, 05
WHEREAS, Tentative Parcel Map 95-04, submitted by Kirkham Stowe, Inc.
Owner, proposes to divide a 12.B2 acre property into three parcels. The subject
property is the Scenic View Business Park and it is located in the 12500 block
of Kirkham Court and Stowe Drive within the South Poway Planned Community. The
land use designation of the property is Light Industrial.
1286
WHEREAS, on March 5, 1996 the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section I: Environmental Findinas:
The previously certified Final Environmental Impact Report (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 general plan and the
South Poway Specific Plan in that it proposes to create three
parcels from a lot designated for Light Industrial use and presently
developed as an business/industrial complex.
2. The design or improvement of the tentative parcel map is consistent
with all applicable general and specific plans; in that the approved
parcel sizes and configurations adhere to the development standards
for the South Poway Specific Plan.
3. The site is physically suitable for the type of development and the
density proposed; in that the site was originally divided into three
Similarly sized parcels.
4. The design of the subdivision is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or
other habitat in that the site is a developed industrial complex.
5. The tentative parcel map is not likely to cause serious public
health problems in that City water and sanitary sewer service
already serve the site.
6. The design of the tentative parcel map will not conflict with any
easement by the public at large, now of record, for access through
or use of the property within the proposed subdivision.
Section 3: Citv Council Decision:
The City Council hereby approves Tentative Parcel Map 95-04 subject to the
following conditions:
EXHIBIT B
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!;;g1
Resoli12i17No. P- 96-12
Page 2
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. Conditions of approval Marked with an asterisk (*) require
completion prior to final Map approval.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
I. 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 incorporating all conditions of approval shall be
submitted to the Planning Services Department.
3. Approval of this request shall not waive compliance with all sections of
the South Poway Specific Plan, Zoning Ordinance and all other applicable
City Ordinances in effect at the time of building permit issuance.
4. For each new commercial or industrial development, the applicant shall pay
Permit, Plan Check and Inspection Fees and School Fees at the established
rate. Such fees may include, but not be limited to: Permit and Plan
Checking Fees, School Fees, Park Fees, Water and Sewer Service Fees.
5. 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.
ADDITIONAL APPROVALS REOUIRED
Development review or minor development review shall be accomplished prior
to the issuance of a building permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submittal of a grading/
improvement plan.
3. The grading/improvement plan prepared on standard size sheets at 20 scale
by a registered civil engineer shall be subject to review and approval by
the Planning Services and Engineering Services Departments and shall be
completed prior to issuance of a grading permit.
1288
Resolution No. p-96-12
Page 3
4. A pre-blast survey of surrounding property shall be conducted to the
satisfaction of the City Engineer prior to any rock blasting. Seismic
recordings shall be taken for all blasting and blasting shall occur only
at locations and levels approved by the City Engineer.
5. A final compaction report shall be submitted and approved prior to
issuance of building permits.
6. Site grading shall be certified by the project civil engineer prior to
issuance of building permits.
7. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
8. If pad elevation increases by greater than two feet in height from those
approved on the tentative map, City Council approval will be required.
9. Non-supervised nor non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans.
10. Erosion control, including but not limited to desiltation basins, shall be
installed. The developer shall Ilake provisions to insure the proper
maintenance of all erosion control devices throughout their intended life.
11. Buildings and parking lots shall be at least five feet from tops and toes
of slopes.
*1.
STREETS AND SIDEWALKS
2.
3.
4.
5.
6.
Reciprocal access and maintenance and/or agreements shall be provided
insuring access to all parcels over private roads, drives or parking areas
and maintenance thereof to the satisfaction of the City Engineer prior to
occupancy.
All parking lot structural sections shall be submitted to and approved by
the City Engineer. Pavement sections shall conform to the minimum
required by the Poway Municipal Code Section 12.20.080.
All damaged off-site public facilities, including parkway trees, shall be
repaired or replaced prior to exoneration of bonds and improvements, to
the satisfaction of the Department of Engineering Services.
Prior to any work being performed in the public right-of-way permit shall
be obtained from the Engineering Services office and appropriate fees
paid, in addition to allY other permits required.
Driveways shall have a minimum width of 30 feet and shall be designed as
an alley apron with ten foot minimum radius. Where driveways are adjacent
to sidewalks, pedestrian ramps shall be required.
Existing settlement monuments shall be identified on the grading/private
improvement plans and protected during construction. Monuments shall be
permanently protected or relocated when they conflict with the permanent
improvement.
1289
Re~olution No. P- 96-12
Page 4
7. Street improvements shall include curb, gutter, paving, street lights,
underground utilities, striping, and traffic control devices.
*8. A monumentation bond in an amount acceptable to the City Engineer shall be
posted prior to final map.
DRAINAGE AND FLOOD CONTROL
1. A drainage system capable of handling and disposing of all surface water
originating within the development, and all surface waters that may flow
onto the development from adjacent lands, shall be required. Said
drainage system shall include any easements and structures as required by
the City Engineer to properly handle the drainage.
2. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
3. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
4. On-site drainage shall connect to the existing stub unless otherwise
approved by the City Engineer.
UTILITIES
1.
2.
All proposed utilities within the project shall be installed underground.
Utility easements shall be provided to the specification of the serving
utility companies and the City Engineer.
The developer shall be responsible for the relocation and undergrounding
of existing public utilities, as required.
Water, sewer and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the County of
San Diego Department of Health.
The applicant shall pay for a water system analysis at the established
rate to determine the proper size and location of the public water system.
The amount shall be paid upon demand by the City.
Existing telephone, gas, electric and all other public utilities and
appurtenances shall be shown on the grading/private improvement plans.
All on-site water lIains shall bE> public. A 20 foot easHent shall be
dedicated to the City over public water lIains prior to occupancy.
All on-site private sewer mains shall be constructed to standards for
public sewers and shown on the grading/private improvement plans.
Improvement plans for the on-site water mains shall be prepared on
standard size sheets at 20 scale, signed by a registered civil engineer,
and submitted to the City for approval. The plans IllUSt be signed prior to
issuance of a building permit.
3.
4.
5.
6.
7.
8.
9.
1290
Resolution No. p-96-12
Page 5
10. Prior to occupancy, the sewer and water systems servin9 the project shall
be installed to the satisfaction of the City Engineer.
GENERAL REOUIREMENTS AND APPROVALS
1. Should this subdivision be further divided, each final map shall be
submitted for approval by the City Engineer.
2. Final parcel map shall conform to City standards and procedures.
3. All provisions of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
*4. Prior to final map, all dedications shall be made and easements granted as
required above.
5. This approval is based on the existing site conditions represented on the
proposed site plan and grading/private improvement plan. If the actual
conditions vary from those representations, the site plan must be changed
to reflect the actual conditions. Any substantial changes to the site
plan must be approved by the Director of Planning Services and the City
Engineer and may require approval of the City Council.
6. The tentative map approval shall expire on March 5, 1998. Application for
time extension must be received 90 days prior to expiration in accordance
with the City's Subdivision Ordinance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 5th day of Harch, 1996.
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ATTEST:
'-
I herel>y cerllfy. under 1M ~
of perjury. that 1M ibo~ illl!
foregoing is a truo alii! ~
copy of Resolution No.f-- 9~ _ '
as adopted by the City COURt" III
poway, California on the Sa
day of'17J~ . 192b"
MARJORIE K. W AHLStEN, CITY CLIAlC
bl,1:YV':'{j V rU/J-U ~
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v I ~~-( k ) l:o-.1'~ k
HarJor e K. Wahlsten, City Clerk
Rt_o.llution No. P- 96-12
Page 6
1291
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Marjorie K. lIahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
~-~~-12 ,was duly adopted by the City Council at a leeting of said City Council
e on the 5th day of March , 1996, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, HIGGINSON
NONE
NONE
REXFORD
I)\~~_ ~ "Ui1M t.-
Marjone'Je a lsten, City Clerk
City of Poway
E:\CITY\PLANNING\REPORT\TPM9504R.RES