Covenant Regarding Real Property 2006-0535152
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'~f' '~'~~'OIN~ "QUEST"". : 71 71~I/I/II,Ii'~I;"II"llI/lllllilnillrlillilnli'1511'::"I)I'II".1'
q, CITY OF POWAY ) ,
"" ) JUL 28 2006 11'09
\'k' WHEN RECORDED MAIL TO' ) , AM
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CITY CLERK) GF~~~~~;~,U,i-~:::~TH,' ~:~CORUER', OFFICE
CITY OFPOWAY) FEE" .' _ LUUNT, RELOR[lER
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PO BOX789) P,",C,E",' y
POW A Y CA 92074-0789 : 1111111111111111111111111111111111111 IIlli 11111111111111111111111111111111111111
APN: 278-450-27 I CUP 06-03 2006-0535152
COVENANT REGARDING REAL PROPERTY
Poway Unified School Distri~C PROPERTY OWNER ("OWNER" hereinafter) is the
owner of real property described in Exhibit A, which is atiached ,hereto and made a part
hereof, and which is commonly known as Assessor's Parcel Number APN 278c450-27
("PROPERTY" hereinafter)
In consideration of the approval of CUP 06,03 by the City of Poway ("CITY"
hereinafter), OWNER hereby agrees to abide by conditions of the attached Resolution
(Exhibit B)
This Covenant shall run ,with the land and be binding upon and inure to the benefit
of the future owners, encull1ora}lcers, successors, heii"s, personal representatives,
tJ'ansferees and assigns of the respective parties.
In the event that CUP 06-03 expires or is rescinded by City Council at the request of
the OWNER, CITY shall expunge this.covenantfrom 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, indtlding reasonable attorneys'
fees, from'the other party
OWNER.
Dated: (., lEI ()(, By. ~J ~
IJou, ann "
POW~ Unifi d School DistrictNotaflze)
CITY OF POWAY
Dated: " / ",~J-"" By
, elopment Services
M:\planning\06report\CUP\06-03 Cricket PHS\cQv.doc
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7172
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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I
" State of califOrnia} ,1
58. I
County at San Diego
On June 13, 2006 before me, Susan E. Ready, Notary Public ,1
Dele Name and Titl", Qf Officer (e.9.. "Jane Doe, Notary Public")
,)
'personally appeared Doug Mann
Name(slof$igner(s\
o personally known to me
_ _ _ .- _ _ .- ..... ...;.., _ _ _ ~ 0 proved to me on the basis of satisfactory
1 SUSAN", E. READY eVld,ence
@ Commission # '1495418
I ~ _ . Notary I'UbIIc . CalIfomiC> I to be the personW whose nam~ is/Me.
! .., SOn DiegO County subscribed to the within instrument and I
~ Mycoinm. EXpiresJun 18, 2008t acknowledged to me that he/skelthey-executed
_ _ _ _ - - "':'" '" the same in his/l=ter/tt'tei.c. authorized
capacitytie6), and that by his/lt9r/tfleir
signature{sl. on the instrument the persontsJ, or
the entity upon behalf of which the persont&l,
acted, executed the instrument.
I
'1
OPTIONAL
ThoU9h 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 ihis form to another document.
I Description of Attached Document
Title or Type of Document: Covenant regarding real property
Oocument Date: June 6, 2006 Number of Pages:
Signer(s) Other Than Named Above:
I
Capacity(ies) Claimed by Signer
Signer's Name: Doug Mann
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o Individual Top of thumb here
IX Corporate Officer - Title(s): Executive Director of Facilities j;~",~~o;;.~ ~"
o Partner - 0 Limited 0 Generat ; ~;",~\~~~' '~
o Attorney.in.Fact c',' ',},'.",'I'" "=" I
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o Trustee : j~:~~_ .,,~ ~'~i
o Guardian or Conservator i I~.I~,:~,,\: ~
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o Other" . . '''J,Jf,~f'1.~di~ ',_4"
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Signer Is Representing: Poway Unified School District - . -
"
@ j999 Nat,onal NOlary A.ssociation 9350 De Solo Ave.. P.O. Box 2402 . Chatsworth, CA 91313.2402. www,nationalnotary,org proc No 5907 Reorder: Call ToIl.Free 1-800-876.6827
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EXHIBIT nAn 7173
THAT RORTION OF SECTION 31,T0WNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERiDIAN, IN THE 'cm OFf10WAv', AC"tPRDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
SEPTEMBER 21, 1975, DESCRIBED AS FOLCOWS:
BEGINNING AT A POiNT IN THE WE~ LINE .oF THE EAST HALF OFTHE SOUTHWEST QUARTER OF SECTION
31, WHICH IS DISTANT THE.REON NORTH 1037'55" WEST 41.75 FEET FROM THE SOUTHWEST CORNER OF
THE NORTHEAST QUARTER OF SAID S.OUTHWEST QUARTER, THENc:E;?9U'fH 89014'49" EAST, 533.30 FEET,
THENCE NORTH 89044'21" EAST 238.22 FEET, THENCE NORTH , 89010'11" EAST 459.00 FEET MORE OR
LESS, TO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS ~QAD SUfl,YEY NO 335, AS ?AID CENTER
LINE IS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED, AUGUST 12, 1937 AS DOCUMENT
NO. 47167 iN BOOK 669, PAGE 484'QF OFFICIAL RECORDS; THENCE, NORTHERLY ALONG SAID CENTER
LINE TO THE NORTHERLY LINE OF 'fi:iE,SPUTtlERLY 340,00 FEET OF TIilENORTH HALF OF SAID SECTION 31,
THENCE WESTERLY ALONG THE NOR'fHERLY .LINE OF SAID SOUTHERLY 340,00 FEET TO THE WESTUNE OF
THE EAST HALF OFTHE WEST HALF OFSAib SECTION 31; THENCE SOUTHERLY ALONG SAID WEST LINE TO
THE TRUE POINT OF BEGINNING.
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EXHIBIT B 7174
RESOLUTION NO P-06-29
A RESOLUTION OF THE city COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USEPERMIT 06-03
ASSESSOR'S PARCEL NUMBER 278-450-27
WHEREAS, Conditional Use Permit (CUP) 06-03 was submitted by Powder
River Development Services (for Cricket Communications), Applicant, to install a
telecommunications facility at Poway High Schoollbcated at 15500 Espola Road, in the
Public Facilities (PF) zone; and;
WHEREAS, the proposed telecommunications facility consists of three panel-type
antennas mounted to an' existing stadium light pole, and ancillary ground-mounted
equipment near the snack bar, adjacent to the west side of track; and;
WHEREAS, on June 6, 2006, the City Council held aduly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows.
Section 1 The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303 of theCEQA Guidelines; in that the 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 17 48 070 of the Poway Municipal
Code, for CUP 06-03 to install a telecommunications facility at Poway High School in the
Public Facilities (PF) zone, are made as follows.
A. The proposed location, size, design, and operating characteristics of the proposed
telecommunicationsJa<:;ilityare in accord with the title and purpose of Chapter 17 48
of the Poway Municipal Code (Conditional Use Permit Regulations), the General
Plan,:and.theldevelbpment policies and standards of the'€ity.in that thefacility'has
been designed, sited, and screened 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
Federal Communications Commission (FCC) design and operational standards.
The facility is unmanned and will not create traffic impacts.
. . 7175
Resolution No. P-06-29
Page 2
C The proposed telecommunications facility is in harmony with the scale, bulk,
coverage, and density of, and is consistent with; adjacent uses in that the proposed
facility will be located on an existing sports field light pole.
D There are adequate public 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 telecommunications facility has been designed,
sited, and screened such that it will not result ina 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 site 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. There will not be significant harmful effects upon environmental quality and natural
resources in that the pr,oposed telecommunications faCility 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 That the potential impacts, and the proposed location, size, design and operating
characteristics of the proposed telecommunications facility will not be materially
.injurious to properties or improvements in the vicinity, norbe contrary to the adopted
General Plan, in that the facility has been designed and sited such that it will not
result in visual impacts and will comply with FCCdesign and operational standards.
K. The proposed telecommunications facility 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 and will comply
with FCC design and operational standards.
Section 3 The City Council hereby approves CUP 06-03to install a telecommunications
facility atPoway High School located at 15500 Espola Road, as shown on the plans dated
March 3, 2006, subject to the following conditions:
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. . 7176
Resolution No. P-06-29
Page 3
A. Approval ofthis CUP Tequestshall apply only to the subject project and shall not
waive compliance with all sec./ioris of the ZohihgOrdinance and all other applicable
City Ordinances in effect at the time of Building, Permit issuance.
B Within 30 days of the date of this approval: (1 )the applicant shall submit in writing
that all Conditions of Approval have been read and understood; 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 use and enjoyment of surrounding uses.
D The conditions of CUP 06-03 shall remain in effec;t for the life of the subject wireless
telecommunications faCility and shall run withthe lancJ and be binding Upon future
owners, successors, heirs, and transferees of the,current property owner
E. CUP 06-03 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 ?Building Permit prior to installation of the facility Prior
to issuance of a Building Permit, the applicant shall comply with the following:
1 The Poway Unified School District (PUSD) h?s indicated to the City that the
project will require Department of the State Architect (DSA) approval The
applicant shall obtain approval from the DSA, and provide documentation of
that approval to the City, before submittal ofthe Building Permit application.
2. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Building Permit issuance.
3 The site shall be developed in accordance with the approved plan on file in
,the Development ServicesDepartment and thEfconditions contained herein.
Afinal inspection fromthe'appropriate'City Departments will be required
(Planning)
4 A $1,200 security deposit shall be submitted to ensure completion of the
confirming Radio Frequency (RF) Report required per condition G 1 below
The applicant shall also submit $600 to cover the cost for the third party
review of this report required per the same condition.
5. The antennas shall not be activated for use until the Building Division
conducts a final inspection.
6 The Building Permit plans shall include a utility plan that shows the
equipment layout.
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Resolution No P-06-29
Page 4
(Engineering)
7 A City Right-of-Way Permit shall be obtained from the Engineering Division
of the City's DevelopmentServicesDepartment prior to performing any work
within a public right-of-way or any City'held easement.
8 For access to and from the project site, ifother than through public streets or
roads, the applicaht, is solely respon-sible for acquisition of access/road
easements or agreements.
G. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 06-03, the following"shall apply'
1 Within 30 days of commencement of operation of the antennas, the operator
shall submit a report, prepared by a qualified professional, specifying the
FCC's Maximum Possible Exposure (MPE) levels within 500 feet of the
facility The format of this report shall conform to City requirements. The
intent of the report is to measure 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
measurements,ahdthe engineer's findings with respect to compliance with
MPE limits, shall'be submitted to the Director of Development Services.
The City will conduct an independent verification of the results of the analysis
provided by the operator If that analysis determines the MPE levels 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 the Federal guidelines.
Upon demonstration, to the satisfaction of the Development Services
pep~rtm!3nt, that thetelecommunicationsinstafiation.is incompliance with all
Federal Guidelines; the security deposit shall be refunded to the applicant,
upon request by the applicant.
2. All facilities and related equipment shall be m?intained in good repair Any
damage from any cause shall be repaired 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.m. and 7:00 a.m. on weekday
hights. At no time shall equipment noise from any source exceed the noise
standards contained in the Poway Municipal Code.
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Resolution No. P-06-29
Page 5
4. The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
5. The operator of the facility 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 all labor and equipment costs for determining the source of
the interference, all costs associated with eliminating the interference
(including, but not limited to, filtering, installing cavities, installing directional
antennas, powering down systems, and engineering analysis), and all costs
arising from third party claims against the City attributabJe to the interference.
6. The telecommuhications facility shall not be operated in such a manner that
it poses, either by itself or in combination 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 Maximum Permissible Exposure (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 G.1 of this Resolution shall be submitted to the Director
of Development Services for review and approval. The Director may also
require the operator to prepare an updated RF report, and pay fora third
party review of that report, as part of any review of this Conditional Use
Permit.
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 approval of CUP 06"03 shall expire on June 6,2008, at 5:00 p.m. unless,
prior to that time, a Building Permithas been issued and construction on the property in
reliance on the CUP approval has commenced prior to its expiration.
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7179
Resolution No. P-06-29
Page 6
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 6th day of June 2006.
ATTEST
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L. Di ne Shea, City Clerk-
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P-06-29 was duly adopted by the City
Council at a meeting of said'City Council held on the 6th day of June 2006, and that it
was so adopted by the following vote:
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE (~e~.~c~
City of Poway