Covenant Regarding Real Property 2006-0019653
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OlP WHEN RECORDED MAil TO' 'l JAN 10, 2006 2:34 PM
~ ) OFFICi.~L RECORe",
CITY CLERK) ',,0.11 UIEGO COUII1', F,ECORe'EF'''" OFFICE
CITY OF POWAY) GFiEGOFr, ,I "il"mH 1:01.11'11', RErOFIC'ER
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..006-0019653
APNs 314-193-40, 41 and 42
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COVENANT REGARDING REAL PROPERTY
N. K & P E,Switzer Family Trust, John L.llland Diana.!. Augustine, Trustees of the Augustine
Famfly'Trust,' PROP~RTY OY'J~JERSj,(:"0Y!NERSll-bereifl?fter):~J~ the o\\'ners-of rea! property
described in Exhibit A, which is attach-ed hereto,and made a part he[eofand which is commonly
known a's.Assessor's Parcel Numbers 314"193'40, 41 and 42 (':PROPERTY" hereihafter). In
consideration of the approval of CUP '03.01 M and DR 03.03R,,:bythe.GitY of poway ("CITY"
hereinafter), OWNER hereby agrees to abide by conditions of the:attached resolution (Exhibit B)
Tnis Covenant shall run with .the land and, be binding upon and inure to the benefit of the
future'owhers, encumbrancers, success'ors, neirs, personal representatives, transferees and assigns
ofthe respective parties.
In the event that CUP 03-01 M and DR 03-03R expires or is'rescinded by City Council at the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
In the' eve.nt of litigation t() enf.orcethe provisions ofthis Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party
OWNER:
Dated 17--/16/tJ) By ~j(
/ I ,Norman K. Switzer (Notarize)
K K & P E Switzer Family Trust
OWNER: ~
Dated /2-((<"(03 By.' '. '
PatriceE, S . er (Notarize)
N K & P E Swi . Trust
OWNE
Dated /2( (~/D~ Z1f
(Notarize)
Dated: j'J /;b }j rj By
I I DianaAugustihe. (Notarize)
Augusti ne Famil
CITY OF POWAY
Dated """ ,,& \) .r
velopment Services
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10861
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California } ss.
County of 5410 /)/~(' ;J
, On i 2)11,,101 , before me, DC/'7?A K. 'Vrr2-Dt.A...)
, I Date Name and Tille of Officer (e.g.. "~ane Doe. Notary Public")
personally appeared rJOtZ-i?1A-1..J k. SW 11Z-12K., fhl\.Yl::> P'4112. 1 6'" (i, 5 (.() rr:.
Name{s) of Signer(s) .
o personally known to me
~roved 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
DEBRA K. VIRDEN the entity upon behalf of which the person(s)
, ~ Commission # 1388009 acted, executed the instrument.
'< ,_.,; . ~ NotorV Public - California ~
~ , . Son Diego Countv WIT~t;: ~nd OffiCiU~ @
, . My Carrm. E>pIres Nov27, 2006
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Place Notary Seal Above S;900'",' !5:,,~ P"bI"
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 (CeG,A(Z.D!~ P/2.-()Pae.rf
Tille or Type of Document: e.o 11'(.:;-1\)1,/1...11 ;('FFJL
Document Date: 17,!Nlo\ Number of Pages: z..
Signer(s) Other Than Named Above:":SoH.;J L A1.i GilL"" / t.J[; rzr- {.\r0'b VI ftttJ A
;4-1..LGLLS71 AJc
Capacity(ies) Claimed by Signer
Signer's Name: iJ{)tev114J\.J t:::.. <, uJ /T? ,FJ'L Aft!t:, f A!/}'Q I r P (;"
iR..lndividual ScU lTU:-iL
D Corporate Officer - Tille(s):
D Partner - D Limited D General
D Attorney in Fact
D Trus1ee
o Guardian or Conservator
D Other'
Signer Is Representing:
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1::1 1999 National Notary Assoeiation . 9350 De 5010 Ave., PO Box 2402' Chatsworth. CA91313-2402. www.nationalnolary.org Prod,No.Soo7 Reorder:CaIlToIl.Freel.8Q0.876-6827
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10862
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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, State of California _ }
&~ ss.
County of G W ~
On / zl/ /;1 /(ic,- , before me, 7>t::6rUJ Ie II / If [)FiJ. )
J f' Dale Name and TIUe of Officer (e 9 . "Jane Doe, Notary Public")
personally appeared :So HI,.) L A I.Mj():ST!A.JiZ"TJT' A1I.n, j) / AA )A AlJi{ic.(S'7JrJ
Name(s) of Signer(s)
o personally known to me
'1;i<!: 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
, DEBRA K. VIRDEN signature(s) on the instrument the person(s), or
, ~ Commission # 13BB009 z the entity upon behalf of which the person(s)
~ . _,,; . ~. Notory Public - Colifornlo ~ acted, executed the instrument.
Z . .' Son Diego Counfy .
, MyComm. ExpIres Nov27, 2006
(
Place Notary Seal Above
OPTIONAL
Though the information below,is not required by law, it may prove valuable topersons 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: ("A9t/eN,l\;'-'>T /tP-(;AIC.'j)/~ )6 le:~"-4LPI2-r.Pc:::7?7l;
Document Date: f z/II!f) ( Number of Pages: "Z.
Signer(s) Other Than Named Above: NOttll7krU /( 'SWli--z.-e:K. rMlD ,J:Y'd/'G/CC G .
,:/uJ ('rZcR...'
Capacity(ies) Claimed by Signer :Iff
Signer's Name 01.>1-1 AJ'-" 411011 S77A)E fh'< 1"D DI.4tJA-
\([ Individual ;1vG",-STJNG Top of thumb here
D Corporate Officer - Title(s):
D Partner - D Limited D General '"
D Attorney in Fact
D Trustee ~ ,
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o Guardian or Conservator ~-~~..-~~
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D Other' -~~.
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Si9ner Is Representing: . ~~"" ~.
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EXHIBIT A 10863
LEGAL DESCRIPTION
LOT 1 AND PORTIONS OF LOT 2, TOGETHER WIJH THOSE VACATED PORTIONS
OF AUBREY STREET AND THE ALLEY, IN BLOCK.10 OF PIERMONT, IN THE CITY
OF POWA Y, COUNTY OF SAN DIEGO, AS MORE PARTICULARLY DESCRIBED
BELOW
PARCEL 1
COMMENCING AT THE SOUTHWEST CORNER OF LOT 5 IN BLOCK 10 OF
PIERMONT, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO 331, FILED IN THE OFFICE OF
THE RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON MAY 27, 1887,
THENCE NORTH 00008'25" EAS:r ALONG THE WESTERLY LINE THEREOF 212.66
FEET TO THE TRUE POINT OF BEGINNING, THENCE,CONTINUING NORTH
00008'25" EAST 92.00 FEET TO THE CENTERLINE OF AUBREY STREET AS
CLOSED AND VACATED TO PUBLIC USE BY RESOLUTION RECORDED APRIL 26,
1946 AS FILENO 45170 AND RE~RECORDED MAY 17, 1946 AS FILE NO 53347,
THENCE ALONG SAID CENTERLINE SOUTH 89043'21" EAST 180.21 FEET TO THE
INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE CENTERLINE
OF THE ALLEY IN SAID BLOCK 10, AS CLOSED AND VACATED TO PUBLIC USE
BY RESOLUTION RECORDED APRIL 25, 1946 AS FILE NO 45170 AND RE-
RECORDED MAY 17, 1946 AS FILE NO 53347, THENCE, ALONG SAID ALLEY
CENTERLINE SOUTH 00009'44" WEST 92.00 FEET TO THE NORTHEAST CORNER
OF PARCEL "C" DESCRIBED IN TtiAT CERTAIN CERTIFICATE OF COMPLIANCE
DATED APRIL 28, 1986 AND RECORDED MAY 5, 1986 AS FILE NO 86-177591,
THENCE, WESTERLY ALO~G THE NORTHERLY LINE OF SAID PARCEL "C"
NORTH 89034'21" WEST 18017 FEET TO THE POINT OF BEGINNING
PARCEL 2:
AN EASEMENT FOR CONSTRUCTioN, MAINTENANCE, AND RIGHT OF WAY FOR
SEWER AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A 20-
F00T SifRIP, MORE PARTICULARLY DESCRIBE~ AS THE EASTERLY 10 FEET OF
LOTS 1 THROUGH 5 OF MAP NO 331" BLOCK 10,TOGETHER WITH THE
WESTERL Y 10 FEET OF THE VACATED ALLEY ABUTTING LOTS 1 THROUGH 5 AS
SHOWN ON SAID MAP NO 331, BLOCK 10, FILED IN THE OFFICE OF THE
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COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27,1887
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EXHIBIT B 10864
RESOLUTION NO. P-05-78
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-01 M
AND DEVELOPMENT REVIEW 03~03R,
ASSESSOR'S PARCEL NUMBERS 314-193-40,41, and 42
WHEREAS, on January 6, 2004, the City Council approved Resolution P-04-02
Conditional Use Permit (CUP) 03-01 and Development Review 03-03 to construct a
6,751-squ~re-foot commercial building for an animal clinic on an approximately 075-
acre vacaht property located at the southeast corner of Midland Road and Aubrey
Street. The subject property is located in the Commercial General (CG) zone within the
Old Poway: Specific Plan Area; and
WHEREAS, a request has been submitted by Rodney R. Meyers, ApplicanUN K
& P E Family Trust, .John and Diana Augustine Trust, and Poway Redevelopment
Agency, Owners to modify t~e Condition of Approval contained in Section 6 of
Resolutionl P-04-02 to allow the applicant two more years to obtain a Building Permit
and commence construction for an animal clinic; and
I
WHEREAS, on December 6, 2005, 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 [The City Council finds that the Negative Declaration, previously approved for
CUP 03-01 and DR 03-03 on January 6, 2004, adequately addresses the environmental
,
concerns for CUP 03-01 M and DR 03-03R.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal (:;ode, CUP 03-01M to allow two additional years to obtain a building permit
and commence construction of an animal clinic are as follows:
A. The' location, size, design, and operating characteristics of the proposed animal
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clinic is in accord with the title and purpose of Chapter 17 48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the purpose of the Old
poway Specific Plan, the CG zone, the City General Plan, and the development
pOliCies and standards of the City in that animal clinics are allowed with a
Co~ditiol1al Use Permit. The project will not significantly impact traffic circulation
or parking and will facilitate the internal driveway connection to the future
dev~lopment of property located to the south, and the facility has been designed
and: sited such that it will be compatible with the surrounding development.
B The, location, size, design, and operation characteristics of the proposed animal
clinic will be compatible with and will not adversely affect or be materially
det~imental to adjacent uses, residents, buildings, structure, or natural resources
in that the facility will be located on a currently vacant and previously disturbed
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Resolution No. P-05- 78
Page 2 10865
lot, has been designed and sited such that it will provide parking and screening
wall.
C. The i proposed animal clinic is in harmony with the scale, bulk, coverage, and
density of, and is consistent with, adjacent uses in that the design of the
proposed facility is consistent and complimentary to surrounding buildings.
0 There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed animal clinic.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the design of the proposed facility will be consistent and
com1plimentary to buildings within the surrounding area, and design elements of
the Old Poway Specific Plan have been incorporated.
F The, generation of traffic will not adversely impact the capacity and physical
cha~acter of the surrounding streets in that the proposed use provides on-site
parking as required by the Zoning Code requirements and will take access from
Aubrey Street or other The proposed parking lot will facilitate internal driveway
conr;1ection to adjacent vacant commercially zoned property to the south.
G. The; site is suitable for the type and intensity of use and development which is
proposed in that the proposed project is located along Midland Road and in the
vicinity of existing commercial development.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed animal Clinic is located on a previously
dist~rbed property, and does not involve the removal of significant natural habitat
resources.
I. There are no relevant negative impacts associated with the proposed animal
Clinic that cannot be mitigated.
J That the potential impacts, and the proposed location, size, design, and
operating characteristics ofthe proposed project will not be materially injurious to
properties or improvemerits in the vicinity, nor be contrary to the adopted General
Plan, in that the animal clinic has .been designed and sited such that no visual
impacts will result, and the overall site development will be in compliance with
design standards of the Old Poway Specific Plan.
K. The, proposed animal clinic will comply with. all the applicable provisions of
Chapter 17 48 of the Poway Municipal Code in that the facility has been
designed and sited such that it will not result in visual impacts.
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Resolution No. P-05-78
Page 3 10866
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, OR,03-03R to allow two additional years to obtain a Building Permit and
commence' construction' of an animal clinic are as follows:
A. The' proposed project is the construction of an animal clinic, which will not
adversely affect the existing parking in the area. The proposed addition will be
built on a previously disturbed site. The proposed addition will incorporate
design elements consistent with the Old Poway Specific Plan. Therefore, the
project respects the interdependence of land values and aesthetics to the benefit
of the City
B Thei proposed animal clinic building will be consistent with the guidelines of the
Old Poway Specific Plan in that it will be built in a Victorian architectural style and
will incorporate high quality materials and authentic Victorian-era colors. The
architecture will be complimentary to existing commercial buildings to the south
and Old Poway Park buildings to the west. Therefore, the proposed use does
not conflict with the orderly and harmonious appearance of structures and
property within the City, along with associated facilities, such as, but not limited
to, Signs, landscaping, parking areas, and streets.
C Public facilities, services, and utilities are available, The proposed animal clinic
will not affect public parking availability of the surrounding area in that adequate
parking consistent with the Zoning Code require,ments will be provided. The
animal clinic will obtain vehicular access tliroligh an improved Aubrey Street.
Therefore, the proposed project does not detract from the maintenance of the
public health, safety and g'eneral welfare, and property throughout the City
0 The animal clinic is designed to minimize visual impacts from neighboring
residential development by being situated approximately 100 feet away from the
property line shared by l1eighboring residences. A 6-foot-high screening wall and
landscaping will further buffer the project site from homes to the east. The
design, colors, ?Ind material are consistent with Old Poway Specific Plan design
standards, and compliment the surrounding commercial, park, and residential
development. The proposed development respects the public concerns for the
,
aesthetics of developments.
E. The proposed project will meet the required design regulations for the Old Poway
Specific Plan, and will otherwise comply with all of the relevant codes and
sta~dards of the City of Poway. Therefore, the proposal does not have an
adverse aesthetic, health, safety, or architecturally related impact upon existing
adjoining properties, or the City in general.
F Th~ proposed project will comply with all of the provisions of the Zoning
Ordinance, Old Poway Specific Plan, and the General Plan.
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Resolution No. P-05-78
Page 4 10867
Section 4. The City .Council hereby approves Conditional Use Permit 03-01 M and DR
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03-03R, t9,lmodify the Condition of Approval, contained in Section 6 of Resolution P-04-
02, to extend the date to modify the Condition of Approval contained in Section 6 of
Resolution: P-04-02 to allow two additional years to obtain a Building Permit and
commence construction of an.;animal clinic at the southeast corner of Midland Road and
Aubrey Str~et, subject to the foilowing conditions:
A, All Wior findings and Conditions of Approval outlined in Resolution P-04-02 that
approved CUP 03-01 and DR 03-03 shall apply.
B. Approval of this Conditional Use Permit. request s~allapply only to the subject
proj~ct and shall not waive compliance with all sections of the Zoning Ordinance,
andi all other applicable City ordinances in effect at the time of Building Permit
issuance.
C Within 30 days of the date of this approval: (1) the applicant shall submit in
writi,ng that all Condition,s of Approval have been read and understood; and, (2)
the property owners shall execute Covenant Regarding Real Property
0 The conditions of this CUP shall remain in effect for the life of the subject animal
clinic and shall run with,the land and be binding upon' future owners, successors,
heirs, and transferees'ofthe current property owner
Section 5: The approval of CUP 03-01 M and DR 03-03Rshall expire on December
6, 2007, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
constructi~n on the property in reliance on the CUP ,approval has commenced prior to
its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State ofc8lifomia, this 6th day of December 2005.
ATTEST:
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L. iane Shea, City Clerk
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Resolution No. P-05-78
Page 5
STATE OF CALIFORNIA ) 10868
)SS
COUNTY 0F SAN DIEGO )
I, L.i Diane Shea, qty Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Reso!ution NoP05-78 , was'duly adopted
by the Cit~ Council at a meeting of said City Council held on the 6111 day of December,
2005, and that it Was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT- NONE
DISQUALIFIED NONE
d)~~
L. Diane Shea, City Clerk
City of Poway