Covenant Regarding Real Property 2007-0048667
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RECORDING,REQUEST BY ) ! i!llllll ill :illlllillllll: illli 11111 1I1111ill! III!II!IIIIIIIIIIIIIIII
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CITY OF POWAY ) ,. h..,.(;... I
WHEN. RECORDED MAIL TO' ) uFflri""L F:~I=IIr-:[I',
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CITY'CLERK. lOf' ) FEc., :;I~ 11::
CITY OF,POWAY I~ ~(lt ' lU
P OBOX789 !IH~~.~~..~~.IUllil
POWAY CA 92074-0789 )
~ .I bT70 2007 _0048667
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APN, 321-110724
CUP 06-10
COVENANT REGARDING REALPROPERTY
Edward G Draper and Karen 0 Draper, husband and wife as joint tenants,
PROPERTY OWNERS ("OWNERS" hereinafter) are the owners of real property
described in Exhibit A which i,s attached hereto and made a .part hereof and which is
commonly known as Assessor's Parcel Number 32.1 e110c24 ("PROPERTY" hereinafter)
Ih consideration of the approval of CUP 06-10" by the City of Poway ("CITY"
hereinafter), OWNERS hereby agree to abide by conditions of the attached resolution
(Exhibit B)
This Cbvenant 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 CUP 06el0" expires or is re.scinded by City Council at the
request of the OWNERS, CITY sh'allexpunge this Covenant from the record title of the
PROPERTY
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
OWNERS
Dated,. ;-[(..- 0 7 By :1BM-fZ-
(Notarize)
Dated, //001- By
per (Notarize)
CITY.QF POWAY
Dated;" 1~/9!o{ By
lopment Services
(J7 -DO -:;.
. .
16771
CALIFORNIA AlL.PURPOSE ACKNOWLEDGMENT
~~r.::b~iffiii('r-CU~~&V>~~~Z'5b~~~~~=-"-~~~~~?b~'(
State of California
County of -S '" '" D,'"" j 0
On I //1" louD 7 before me, IVD+"'~ ,PlA-b/,C
Date, ama and Title -of,Offl r .g., "Jane Doe. Notary Public") J
personally appeared f\:{M,,,, ])e""~p,.i1 (M~l1AA/1Jt'r-'\ C(fl d
91 ~(s)clS~n~1
LdW/lA J ~(A "'Y l)r(),r~
o personally known to me
!liproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) liIare subscribed
_ _ _ _ _ _ _ _ _ _ _ _ to the within instrllment and acknowledged to me that
~~ LUCllli S, GOlDMAN ~ he/she/they executed the same In ~r/lhelr
_ ' Commlsalon # 1495008 authorized, capacity(ies), and that by hi!lIAer/their
~ ,~. Nolary Public - Callfomla ~ signature(s) on the instrument the person(s), or the
j' San Diego Counly l entity upon behalf of which the person(s) acted,
MyComm, Expires Jun 17, 2008 executed the instrument.
- - - - - - - - - - - -
PlaceNolarySaalAbove ~
OPTIONAL
Though the information below is no! req~i!ed by law, it may prove valuable to persons retying 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:
Slgner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer - lIt1e(s): 0 Corporate Officer - Tille(s):
o Partner - 0 limited 0 General 0 Partner - 0 Limited 0 General
D Attorney in Fact Top:1thumb here D Attorney in Fact .
. Top of thumb here
o Trustee 0 Trustee
D Guardian or Conservator 0 Guardian or Conservator
o Other' 0 Other'
Signer Is Representing: Signer Is Representing:
N~~~~~"Q(;.~~~~~~.;g:,,~~~~~~~~~
@2004 Nationar Notary Association - 9350 De Sora Ave., P.O. Box 2402. Chafsworth, CA 91313-2402 lIem No. 5907 Reorder: Call Toll-Free 1-800-876 6827
."', . . 167"72
EXHIBIT B 98605042
LEGAL DESCRIPTION
The land refer-red to herein is situated in the State of Caiifornia,
County of San Diego, desc'ribed as follows.,
The Northeast 'Quarter of' the Southeast Quarter;
Excepting the South lO, acres thereof, and the Southeast Quarter
of tl)e Northeast Quarte:r:of '$ection 4, Township 14 South,
Range 1 West, San Bern,~Fd'ino i.{eridian, in the City of Poway,
County of ,San Diego" St",t<=c of California; according to
Official Plat thereof,
EXiCEPTING that portion lying Northedyof a line described as
follows
Commencing at the Southeast 90rner of Lot ~ of said Section 4;
thence Smith lOll' 19" East along the Easterly line of said
Section 4, a distance of' 80 00 feet to the Northeast corner of
land' des'ci:O:ibed in; deed to Lillie W Byers and Edith W
'Bradsha"r, recorded J~ne14, 1954 fn Book 5269, Page l70 of
Official Records, being the True Point of Beginning; thence
North 880 23' 3011 Wes,t along the Northerly line of said land,
47'3 74 feet to the center line of the powayor Mt Woodson Road
(,Comity Road D- 9:-11)' , as said road existed and was located on
April lO, 1945, being also the' Northeast corner of land
described in deed to Linie W Byers ahd .Edith W Bradshaw,
recorded June 14, 1'954 'in Book '5269, Page l720f Official
Records,;, thence continuing' North 88023' 30" West along the
Northerly line' of said land, 2138.31 feet to the Weste-rly line
of said Southwest Quarter of the Northeast Quarter, distant
thereon 40,00 feet Southerly from the Southwest corner of Lot 2
in said Section 4
End of Legal Description
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EXHIBIT' A
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167'7
RESOLUTION NO P-06-62
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY'OF POWAY,CALlFORNIA
APPROVING CONDITIONAL USE, PERMIT (CUP) 06-10
ASSESSOR'S PARCEL NUMBER 321-110-24
WHEREAS, Conditional Use Permit (CUP) 06c,10was submitted by Jim Kennedy
(for T-Mobile), Applicant, to install a telecommunications facility at 15101 Mina De Oro
Road, in the Rural Residential A (RR-A) zone; and
WHEREAS, the proposed telecommunications facility consists of antennas to be
mounted in,a 35-foot faux broadleaftree, with ancillary ground-mounted equipment, near
the access way to the residence, and
WHEREAS, on December 19, 2006, 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, BE IT RESOLVED by the Gity Council of the City of Poway
as'follows:
Section 1 The proposed project is Categorically Exempt as a Class 3 Categorical
,<
Exemption frornthe California Environmental Quality Act (CEQA) pursuant to Section
153030ftheCEQA;Guidelines, in thatthe project involves the installation of a new, small,
telecommunications facility providing a utility extension to serve the surrounding areas,
Section 2: The findings, in accordance with Section HAS 070 of the Poway Municipal
Code, for CUP 06-10 to install a telecommunication~ facility on the property located at
15101 Mina De Oro Road, in the RR-A zone, are made as follows:
A. The'proposed location"size, design"and operating characteristics ofthe proposed
telecommunicationsfacilifyare in accordwith'thetitle and purpose of Ghapter 17 48
of the Poway Municipal Code (Conditional Use Permit Regulations), the General
Plan, and the developmentpolicies and standards'of the City in that the facility has
been designed and sited such that it will not. result in visual impacts to the
surrounding community
B The location, size, design, and operating characteristics of the proposed
telecommunications facility will be compatible with and will not adversely affect
or be materially detrimental to adjacent uses, residents, buildings, structures, or
natural resources in that the facility has been ,designed and sited such that it will
not result in visual impacts to the surrounding community The use will comply
with the Federal Communications Commission (FCC) design and operational
standards The facility is unmanned and will: not create traffic impacts,
C The proposed tEHecommunicatiol1s facility is in harmony with the scale, bulk,
coverage; and density of, and is'consistentwith, adjacent uses in that the proposed
EXHIBIT B
- 167'74-
Resolution No, P-06-62
Page 2
facility will be located. ina rural hillside area and will look like a large tree on an
existing residential property
D There are adequate Rublic facilities, services, and utilities available at the subject
site to serve the proposed telecommunications'facility
E, There will not be a harmful .effect upon the desirable surrounding property
characteristics in that the proposed telecommunicptionsfacility has been designed,
sited, and screened such that it will not result in a visual impact to the surrounding
community, and the facility will comply with FCC design and operational standards,
F The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan in that the proposed telecommunications facility is unmanned and will only
require periodic maintenance, thereby generating minimal traffic,
G The sjte .is suitable for the type and intensity of use or development, which is
proposed, in that the proposed telecommunications facility will enhance
telecommunications coverage in the City
H Therewill not be significant harmful effects upon environmental quality and natural
resourc:es in that thepr6po~edtelecommunicationsfacility is located on a developed
property and does not involve the removal of natural habitat resources,
I There are no relevant negative impacts associated with the proposed
telecommunications facility that-cannot be mitigated in that the facility will comply
with FCC design and operational standards,
J" ThaUhe potential impacts, and the proposed,location, size, design and operating
characteristics of the proposed telecommunications facility will not be materially
injurious to propertiesorimprovementsinthe vicinity, nor be contrary to the adopted
G~neral Plan, in thatthe facility has been designed and sited such that it will not
result in visual impacts and will comply with FCC'design and operational standards,
K. The proposed telecommunications facility will comply with all the applicable
provisions of Chapter 17 A8 of the Poway Municipal Code in thatthe facility has
been designed,and sited such that it willn,otresulf;in visual inipacts and will comply
with FCC design and operational standards,
Section 3 The City Council hereby approves CUP'06-1 0 to install a telecommunications
facility which consists,of twelve panel antennas:mounted on a monopole "trunk" within the
supporting branch and leafstructureof a 35-foot-highfauxtree, with associated equipment
cabinets inan enclosure, on a developed residential.property at 151 01 Mina De Oro Road,
as shown on the. plans dated September 18, 2006, subject to the following conditions:
. 167.
Resolution No P-06-62
Page 3
A, Approval of this CUP request shall apply only to the subject project and shall not
waive compliance with all s,ections of the Z9,nirig 9rdinance and all other applicable
City Ordinances in effect at the time of Building Perin it issuance,
B, Within 30 days of the date of this approval: (1)theapplicant shall submit in writing
thatall Conditions of Approval have been reaq alld Dnderstood, and (2) the property
owners shall execute a Covenant Regarding Real Property
C The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable useand enjoyment of surrounding uses,
D The conditions of CUP 06~1 o shall remain in effect for the life of the subject wireless
telecommunications facility and shall run with, the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner
E, CUP 06-10 may be subject to annual review as determined by the Director of
Development Services for compliance with the Conditions of Approval and to
address concerns that may have been raised during the prior year
F The applicant shall obtain a BUilding Permit prio[to installation of the facility Prior
to issuance of a Building Permit, the applicant shall comply with the following:
1 The applicant shall complywith the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Building Permitissuance,
2, The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein,
A final inspection from the appropriate City Departments will be required,
(Planning)
3 A $3,000 deposit shall be submitted to ensure completion of the required
Confirming Radio Frequency (RF) Report, as specified in Condition of
Approval H,1 beloW. The deposit shall also be used to cover the costs of an
Independent Consultant toreview ttie report, as determined by the Director of
Development Services, The applicant shall be responsible for the cost of any
studies required pursuantto this condition,
4 The antennas shall not be activated for use until the Building Division
conducts a final inspection,
5, The Building Permit plans shall include a utility plan that shows the
equipment layout.
. 16~6
Resolution No P-06-62
Page 4
6 The specific materials used to paint,the antennas and equipment shall
be depicted on the building plans, and shall be to the satisfaction of the
Director of Development Services,
7 The applicant shall submit a trenching plan for approval by the Director of
Development Services, Any trenching for utility cables shall be conducted in
the existing developed or disturbed areas on-site, contained within, and
immediately adjacenUothe telecommunications facility, so no habitat will be
disturbed and no tre'es removed, All existing trees shall be protected in
place The,trees, including the roots, shall not be removed or damaged by
the installation of this telecommunications facility The trenching plan shall
note the location of any existing trees within 100 feet.
(Engineering)
8 The applicaritshall obtain a City Right-of~Way Permit from the Engineering
Division of tre Development Services, DEjpartment, and shall re-furbish
portions ofMinaDe Oro Road, to the satiSfaction of the City Engineer Prior
to beginning any work, the,applicantshallfield review the above-mentioned
locations with City' Engineering staff, to establish the specific limits ofthe
refurbishment.
G, Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfacti6nofthe Fire Marsnal:
1 Maintain emergency vehicle access to the site at all times,
H Upon establishment of the wireless telecommunications facility, pursuant to
CUP 06-10, the following shall apply'
1 Within 30 days of the commencement of operation of the antennas, the
operator shall submit a report, prepare.d bya qualified professional, that
specifies the actual RF levels within 500 feet of the facility and include a
statement as to compliance with theFCC's Maximum Permissible Exposure
(MPE), The format of this report shall conform to City requirements, The
intent of the report is to measure th~ aCtual exposure levels at the location
after the facility is in operation and shall include the cumulative RF levels of
all'the telecommunications facilities at the subject site, A report of these
measurE;lments, and the engineer's findings'With respect to compliance with
MPE Iiniits, shall be submitted to the Director of Development Services,
If that analysis determines the,MPEleVels are exceeded, the operator shall
cease operation immediately Modifications shall be made to the facility and
the operator shall conduct a second confirming RF report of the MPE levels,
Full operation of the facility shall .not be allowed until the Director of
Development Services has determined that the facility is in compliance with
. 167~
Resolution No P-06-62
Page 5
the Federal guidelines. The City may conduct an independent verification of
the results of the analysis provided by the operator, to be paid for by the
applicant.
Upon demonstratiori, to the satisfaction of the Development Services
Department; thatthe telecommunications installation is in compliance with
all Federal Guidelines, any balance remaining from the security deposit shall
be refunded to the applicant, upon written request by the applicant.
2, All facilities and related equipment shall be maintained in good repair Any
damage from any cause shall be repaireg as soon as reasonably possible
so as to minimize occurrences of dangerous conditions or visual blight.
3 The facility shall be operated in ,such a manner as to minimize any possible
disruption caused by noise, Backup .generators shall only be operated
during periods of power outages and, shall. not be tested on weekends or
holidays; or between the hours of 10:00 p,ril, and 7'00 a,m, on weekday
nights, At no time shall equipmenLrioiseJrom any source exceed the noise
staildards contairied in the poway Municipal Code,
4 The owner or operator of the facility shall routinely and regularly inspect the
siteto'ensure compliance with the standards set forth in this permit.
5, The operator of the fa9il.ity shall be strictly liable for interference caused by
the facility with CitY telecommunications systems or other public agency
emergency communication systems, The. operator shall stop operations
and determine the cause prior to restarting the facility The operator shall be
responsible for allla.bor and equipment.costs for determining the source of
the interference, 911 costs associated with eliminating the interference
(including, but not limited to, filtering, installirig cavities, installing directional
antennas, poweririg down systems; and ei:lgineering analysis), and all costs
arising from-third-party claims against the City attributable to the interference,
6, The telecommunications facility shall not be operated in such a manner
that it poses" either by' itself or in conibination with other such facilities, a
potential threat to public health, To that end, no facility or combination of
facilities shall produce, at any time, power densities within 500 feet of the
facility that exceed the FCC's MPE limits for electric and magnetic field
strength and power densities for transmitters, or any more restrictive
standard subsequently adopted or promulgated by the City, County, State of
California, or the Federal government
7 If there is any change in the operating characteristics of the facility, a report
pursuant to Condition H,t of this Resolution shall be submitted to the
Director of Development Services for review and approval. The Director
. 1.78
Resolution No P-06-62
Page 6
may also require :the operator to prepare ,an updated RF report, and pay
for a third-party review of that report, as part of any review of this
Conditional Use Permit.
8, Any service light ,shall only be operated when maintenance is being
performed on the equipment. The service light shall be adequately
shielded and directed away from adjacent residential uses or roadways, The
service light(s) shall be on a timer
Section 4 The owner of the telecommunications facility shall remove all of the
communication equipment, and associated structures, approved pursuant to this permit
within 60 days of ceasing operation of the telecommunications facility
Section 5 The approvalof CUP 06-10 shall expireon,December 19, 2008, at 5:00 p,m"
unless, prior to that time, a Building Permit has been issued and construction on the
property in reliance on the CUP approval has commenced prior to its expiration,
PAS~!2D, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of December 2006,
Mi
ATTEST
~ftZfl Cd:z~
Sherrie D. Worrell, Deputy City Clerk
" ~ .. : ':: 10
. 1~9 I
Resolution No, P-06-62
, ,
Page 7
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregging Resolution No, P-06~62, was duly adopted by the
City Council ala meeting of said City Council held on the 19th day of December 2006, and
that it was so adopted by the following vote:
AYES EMERY, HIGGINSON, CAFAGNA
NOES NONE
ABSENT BOYACK,REXFORD
DISQUALIFIED' NONE
\:'JklJ?JAtllQ JJcJUuYf
Sherrie D Worrell, Deputy City Clerk
City'6fPoway