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Covenant Regarding Real Property 2022-0120868RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2022-0120868 1111111111111111111111111111111111111111111111111111111111111111111111 Mar 18, 2022 08:55 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $38.00 (SB2 Atkins: $0.00) PAGES: 9 (This space for Recorder's Use) APN: 275-461-12 Project no: TTM 22-001 COVENANT REGARDING REAL PROPERTY Del Norte Professional Building LLC and 12036 Saticoy Street LLC ("OWNER" hereinafter) are the owners of real property commonly known as 15644 Pomerado 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 Tentative Tract Map (TTM) 22-001 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, inure to the benefit of and be binding upon Owner, future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties, and is hereby expressly declared to be enforceable by the City of Poway. In the event that TTM22-001 expires or is rescinded by City Council, or the OWNER terminates the use permitted by TTM22-001 upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and TTM22-001 shall be of no further force or effect. In the event of litigation 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: ` m Dated: 4. Co72 2-- OWNER OR AUTHORIZED AGENT: Del Norte Professional Building LLC and 12036 Saticoy Street LLC By: Horizon Resources, Irk, Pjent Ken e Title: By: fob'-rt Janis, Direct • •f Dev,. Iopment Services (Signatures must be notarized) CAUUFO- NIA ALL PURPOSE AC&f /m 11" U EDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, oo which this certificate is attached, and not the truthfulness,accuracy, orvalidity of that document. � STATE OF CALIFORNIA } ���[�{) COUNTYOF D!E} On Ire /~ 9-�c ��0���- before me' j[)��/\T��/\[� T[�/��� Notary Public,'' Date Insert wornrand Title ofthe officer personally appeared // Nonae6d ofIigmpr(s) who proved tomeontrebasis �satisfactory evidence to bethe permn(s)whose name(s) is/aresubscribed tnthe within insirumemtand acknowledged to me -that he/she/they executed the same in his/her/their authorized capacby(ies),and that byhis/hentheirsignature(s)nnthe instrumenttheperson(s),urtheentity upon behalf ofwhich thepeoon(s)acted, executed the instrument. I certify under PENALT', OF PERjURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an,_' .-Micial se&i. OPTIONAL JONAmANmAN COMM. w23*68s Notary Public - California San Diego County MVComm. Expires Feb,_1 4,2025 Though this section is op compietiric this information can deter alteration pfthe document orfroudulent attachment nfthis form Loonunintended document. Description of Attache'-d Dmcu/nen't Title orType ofDucument: ~f Document Date: _.. __ Number of Pages: 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 February 16, 2022 Date before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer personally appeared Robert J. Manis 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 - Caiifornia San Diego County > Commission # 2363699 My Comm. Expires Jul 1, 2025 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. Signature OPTIONAL F(t1 )!AAc2 Signature of Notary Public 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 Regarding Real Property TTM22-001 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT 3 IN SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID LOT 3, FROM WHICH POINT THE NORTHWESTERLY CORNER OF SAID LOT 3 BEARS NORTH 13°02'59" EAST, DTSTANT 736.00 FEET; THENCE SOUTH 13°02'59" WEST ALONG THE WESTERLY LINES OF SAID LOT 235.80 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 83°50'40" EAST 427.53 FEET TO THE CENTER LINE OF THAT CERTAIN 60.00 FOOT COUNTRY ROAD KNOWN AS MISSION ROAD 1-A, ALSO KNOWN AS POMERADO ROAD; THENCE ALONG SAID CENTER LINE NORTH 1°22'30" EAST 267.71 FEET TO AN INTERSECTION WITH A LINE BEARING SOUTH 88°48'00" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 88°48'00" WEST TO THE POINT OF BEGINNING. APN: 275-461-12-00 EXHIBIT "B" RESOLUTION NO. 22-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 22-001 FOR THE CONVERSION OF TWO EXISTING COMMERCIAL OFFICE BUILDINGS INTO COMMERCIAL OFFICE CONDOMINIUMS; ASSESSOR PARCEL NUMBER 275-461-12 WHEREAS, on February 1, 2022, the City Council considered Tentative Tract Map (TTM) 22-001; a request to convert two existing commercial office buildings into 19 commercial office condominium units on property located at 15644 Pomerado Road in the Commercial Office (CO) zone; WHEREAS, on February 1, 2022, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; 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; and WHEREAS, the approved tentative map is incorporated by reference herein as Exhibit A to this Resolution available on file in the Development Services Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301(k) of the CEQA Guidelines, in that the project involves the subdivision of two existing commercial office buildings and no expansion of the use is proposed. SECTION 3: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM22-001, are made as follows: A. The TTM, together with its design and improvements, is consistent with the General Plan in that it will allow for the ownership of commercial office units in two existing commercial office buildings and is consistent with the Commercial Office (CO) General Plan land use designation. B. The site is physically suitable for the type of development proposed in that the subdivision will occur in two existing commercial office buildings that adhere to the development standards for the CO zone. C. The site is physically suitable for the density of the development proposed in that the subdivision will occur in two existing commercial office buildings that adhere to the development standards for the CO zone. D. The design of the TTM is not likely to cause substantial environmental damage. Resolution No. 22-008 Page 2 Subdivision will occur in two existing commercial office buildings and no substantial changes are proposed to the exterior of the site. E. The Map is not likely to cause serious public health problems because City water, sewer, and drainage system improvements have already been connected and/or installed at the site for the two existing commercial office buildings. F. The design of the Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. G. The Map will not create any unmitigated adverse significant impacts on the environment. SECTION 4: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the TTM are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities are available. SECTION 5: The City Council hereby approves TTM22-001, as shown on the approved tentative map incorporated herein by reference and stamped as "Exhibit A" dated February 1, 2022 (Exhibit A hereinafter) on file with the Development Services Department, except as noted herein and subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set forth in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to TTM22-001) and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation -related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved tentative map stamped "Exhibit A" and on file at the Development Services Department. If actual conditions and details vary from representations on Exhibit A, the approved tentative map must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved tentative map must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved tentative map. Resolution No. 22-008 Page 3 C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. D. Prior to Final Map approval, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. The conditions for the project shall remain in effect for the life of the subject property, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with: 1. The final map, together with the supporting data and documentation, shall be submitted to Engineering Division for review and approval. The appropriate map checking fee shall be paid by the applicant. 2. The final map shall conform to City standards and procedures, the City Subdivision Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors' Act, and all other applicable laws, regulations and ordinances. 3. All construction drawings or technical reports accepted by the City shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal. 4. The applicant shall measure the existing buildings and prepare three-dimensional condo plans to be reviewed by the Title Company. A copy of the condo plans, and the Covenants, Conditions, and Restrictions (CC&R) are required to be provided to the City of Poway. The CC&R shall describe maintenance responsibilities for all common areas including the parking lot and landscaping. 5. The applicant shall conduct a field survey of the existing driveways that access the parcels on Pomerado Road and update any driveways that do not meet current ADA standards. Public improvement plans and a Right -of -Way Permit with appropriate fees and deposits shall be required for any work to be done within the public right-of-way. 6. The applicant will be required to install trash treatment control devices inside all existing and proposed private storm drain grated inlet structures onsite for the entire parcel. Please call out the device on an exhibit and submit to the engineering division in Development Services. Prior to Final Map approval, a recorded Storm Water Trash Management Facilities Maintenance Agreement, perpetual maintenance of facilities and an easement granted to the City will be required. Acceptable devices can be found at: https://www.waterboards.ca.gov/water issues/programs/stormwater/docs/trash impl ementation/2fcslist. pdf. Resolution No. 22-008 Page 4 7. A mylar copy of the Final Tract map shall be provided to the City within three months of its recordation. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar reproduction of the recorded Tract Map shall be posted. 8. A monumentation bond in an amount acceptable to the City Engineer shall be posted. 9. The formation of an office owner's association (OOA) with maintenance responsibilities of common areas or recordation of a maintenance agreement is required, unless the project site is under single ownership (Single -Owner hereinafter) to the satisfaction of the Director of Development Services. Maintenance shall include the on -going maintenance of the parking and other proposed paved areas, fencing, walls, and landscape and irrigation (private and within the public right-of-way along the property's frontage). 10. Prior to start of any work within a City -held easement or right-of-way, a Right -of -Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 11. A Comprehensive Sign Program applicable to all commercial/office units on the property shall be approved to the satisfaction of the Director of Development Services. 12. All landscaping shall be kept in a thriving condition and adhere to the City's Landscape and Irrigation Design Manual. Landscape and trees and irrigation shall be provided to the satisfaction of the Director of Development Services. G. The following requirements shall be completed to the satisfaction of the Safety Services Department prior to Final Map approval: 1. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signage and curb markings as approved on plan. 2. Designated parking spaces shall not allow parked vehicles to obstruct required exit pathways, disable access pathways, exit doors and access doors to fire protection systems shall be removed. 3. Building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. The suite number for each business shall be plainly visible on all doors. 4. The building address shall also be displayed on the roof in a manner satisfactory to the Fire Code Official, and meeting Sheriff Department-ASTREA criteria. 5. The building with suites 303, 304, 400 and 401 is equipped with a fire sprinkler system. A new Knox Box shall be installed adjacent to the sprinkler riser room. 6. The building's fire sprinkler system shall meet Poway Municipal Code (PMC) requirements. The system shall be serviced and certified for operation. The entire system is to be monitored by a central monitoring company and backflow valve assemblies with tamper switches shall be monitored. Resolution No. 22-008 Page 5 7. The building's dedicated function sprinkler monitoring system shall meet PMC requirements. The system shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 8. The building's dry standpipe system shall be serviced and certified for operation. Additional signage approved by the Fire Department shall be installed. 9. A 2A108C fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. SECTION 6: The approval of TTM22-001 shall expire February 1, 2024, at 5:00 p.m., unless prior to that time the final map is recorded or a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. The final map conforming to this conditionally approved TTM shall be filed with the City so that the City may approve the final map before this approval expires. SECTION 7: 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. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 1st day of February, 2022 by the following vote, to wit: AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: CIC4hhi Carrie Gallagher, CMC, CityyClerk