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Covenant Regarding Real Property 1996-0133171 CITY CLERK CITY OF POWAY POBOX 788 POWAY CA 92074-0788 ) ) ) ) ) ) - )\ ) ) ) ) ), 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 In the IMlIt that T enlatlve Parcel map 95.{)4 expires or Is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 , - - - - - :a:;~:.: - - I i. 00........'1~ I ~ NalaIy PIM:-( . j___~~~=_i ____I ~N~myl:d'"~~b ~ 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 ----.J..._ !;;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. ~~~ - 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 ~ -, '\ . / . 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 ) ) SS. ) 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