Covenant Regarding Real Property 2005-0590023
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RECORDING REQUEST BY ) 7873
) .JUL 13 2005 10:20 AM
CITY OF POWAY )
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) '-,.~J~ [IIEi:iO D lurH'r FiEL'I]R[IEH":, I-IFFICE
<\ r.J" CITY CLERK ) I;F:Frinr:'r.1 :;~,..11TH LDi Ir'J ['I F~ECUH[IEF:
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, \ CITY OF POWAY ) P~,UE.':I
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POWAY CA 92074-0789 )
) 2005-0590023
No Transfer Tax Due ) (". - -- ~ - ,
APN: 275-460'62
COVENANT REGARDING REAL-PROPERTY
Country Montessori School of Poway, A California Nonprofit Corporation,
PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property described in
Exhibit A which is attached hereto and made a part hereof, and which is commonly
known as Assessor's Parcel Number 275-460-62 ("PROPERTY" hereinafter)
In consideration of the approval of Conditional Use Permit (CUP) 91-08M(4), by
the City of Poway ("CITY" hen:~inafter), OWNER hereby agrees to abide by the
conditions of approval in 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, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that CUP 91-08M(4) expires or are rescinded by City Council at the
request of the OWNER, CITY shall expunge 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 reaso~able attorneys' %
fees, from the other party c....cunTI<Y frlOJJuon GchcoJ e-f ~
" OWNER. (AdWlIVliS+re.ttvr)
D>t,d' c/n)o' BY~
Gal Ann Van Berk~fllotarize)
CITY OF POWAY
Dated. ~ /3/05' By'
I Niall Fritz, Director ofD v opment Services
M:\planning\05report\cup\CUP91-0BM(4) Country Montessori\cov.doc
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7874
CALlFORNIA,ALL.PURPOSE ACKNOWLEDGMENT
State of'callfOrnia} "
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County of :;>'-/ VI. , \ e~ d
: On 2.2 I :r 11'\ C .' oS before me. :) f} N V- IU1 . 511. A 11
Date Name and li~e of Officer (e.g.: "Jane Doe, Notary Public")
personally appeared 0'14- 11- fl N r-1 lifT 1'-1 - fiG: )Z 1<' C- L
Name(s)ofSigner(s)
D personally known, to me
<E1lroved to me on the basis of satisfactory I
__ '"-., evidence -I
, (I ~ - - - - ~smG~;HAH-- ~ to be the person~ whose nam~~ iSI~ '
I '(ii'" Commission # 1449260 subscribed to 'the within instrument and 1
, ~ . -iii . . Not,~ry'pu. bile. c,a, III?mla ~ aCknOW,ledgedi'to, me that.~/she/fge9 executed I
J' SanDleg!?p,u~'X the same in Ys/~r/their authorizea
MyCamm. Exptres Nov 4, 21J!l7 capacity(isi). ,ahcf that by M/her/tl>6r
"__ sjgnature~on:'t~e instrument the person{5'), or
the entity upon behaif of which the persor#)
acted, executed the instrument. ,1
WIT~dOff~ I
Signature-of NotBry'Pubhc J
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I OPTIONAL I
[ Though the information below is'not recji.II'fl~d bY. law, it may prove valuable to persons refyingon.the document and could prevent
r fraudulerit.removal and reattachment of this form to another document. 'J
I Description of Attached Document ':
I Title or Type of Document (0 'If fl'\ ql11 f!e.(j'-/ y J,.~ f2eot I fTd f fy h'
I Document Date: 6' /2 z I, J Number of Pages: '7
.
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
I ilndividual Top of Ihumbhere ~
I 0 Corporate Officer - Title(s):
I 0 Partner - 0 Limited 0 General
I 0 Attorney"in-Fact
I 0 Trustee 1
o G.~ardian or Conservator "I
1 0 Other' I
, Signer Is Representing:
I,
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@ 1999 Nalional Notary Association _ 9350 De SolO Ave,,'P.O:'30x 2402 -. ChalSv;orth: CA 9' 3'3-240~ . WW'w,natioflalflotary.org Prod'. No. 5907 Reorder: CaU Toll-Free 1-801)-876-6827
'{ . EXHIBIT A .
\
Order Number' NCS-131826-SD
Page Number- 7
7875
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as follows:
All that portion of the Easterly 885.00 feet of the West half of the Southeast Quarter of Section
35, Township 13 South, Range.2 West, San Bernardino Meridian, in the City of Poway, County of
San Diego, State of California, according to United States Government Survey, approved April 22,
1876, more particularly described as follows:
-, Commencing atthe Southeast corner of said West half onhe Southeast Quarter of-Section 35,
thence Northerly along the Easterly line of said West half of the Southeast Quarter, North 00
degree 35'03" East, a distance of 495.10 feet; thence Westerly along a line that is parallei with
the Southerly line of said ,West half of the Southeast Quarter North 88 degrees H'35" West, a
distance.of 885.09.feet(885.20 feet per Map No. 8138) to the true point of beginning; said point
also being the Southeast c6r~er of Lot 1 of Poway Medical Unit.No, 1, recorded July 2, 1975, as
Map No. 8138 in the Office of the County Recorder of San Diego County; thence North 00 degree
35'03" West (North 00 degree 34'35" West per Map 8138) a distance of 299.95 feet (299,99 feet
per Map No. 8138) to the'point on the Southerly right of way line of Monte Vista Road
(Georgeruss Road); thence.alongsaid Southerly right of way line South 88 degrees 11'35" East, a
distance of 97.29feettothe'beginning of a tangentcurve.concave Southwesterly with a radius of
170:00 feet; thence. Easterly-along said curve through a central angle of 37 degrees 05'55" an arc
distance of 110.0Tfeet to a point through which a radial bears North 38 degrees 54'20" East;
thence leaving said curve. North 38 degrees 54'20" East, a distance of 30.00 feet to a point on a
curve asdescribed.witliin an offer to dedicate (Public HighwilY) recorded Aprii 10, 1975 as
instrument no. 75-083154 of Official Records, said described line being the centerline of said
proposed public highway, said curve being concave Southwesterly having a radius of 200.00 feet;
thence Southeasterly along the arc of said curve through a central angle of 17 degrees 56'40", a
distance of 62.64 feet; Jhence tangent to said curve South 33 degrees 09'00" East, a distance of
15747 feet to the beginning of a tangent curve concave Nort~easterly, having a radius of 200.00
feet; thence along the arc of said curve through a central angle of 55 degrees 02'35", a distance
of 192.14 feet; thence tangent to said curve South 88 degrees 11'35" East, a distance of 17.99
feet to a point on the Westerly line of Parcell as shown on Record of Survey No. 8601, recorded
November 26, 1980, in the Qffice of the County Recorder of San'Diego County; thence along the
Westerly line of said Parcell, South 02 degrees 06'35" West, a distance of 30.00 feet; thence
- .Westerly along said line. North 88 degrees 11'35" West, a distance of 526.78 feet to the true
point of beginning.
. Said property being described as Parcel Cin a ,Certificate of Compliance recorded' on September
9,1983 as instrument no. 83'322505 of Official Records of said San Diego County
Excepting therefrom one-half of all minerals, coals, oils, petroleum, gases and other kindred
substances under and in said land, but without right of entry of the surface thereof, but with the
right, however, to drill in, through or under said land or to explore, develop or take one-half of all
minerals, coals, oils, petroleum, gases and other kindred substances in and from said land, all
such operations to be conducted below a depth of 200.00 feet below the surface of said land, as
reserved by George J. Russ and:Birdeen J. Russ, husband and wife, in Deed recorded January 29,
1974.as instrument no. 74-022642 of Official Records.
~PN: 275-460-62-00
First American Title Insurance Company
. EXHI BIT B .
RESOLUTION NO P-05-41
A RESOLUTION OF THE CITY COUNCIL 7876
, >
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-08M(4),
ASSESSOR'S PARCEL NUMBER 275-460-62
WHEREAS, on June 4, 2002, the City Council approved Resolution P-02-30
Conditional Use Permit (CUP) 91"08M(3), Development Review 98-16M and Variance
02-05 to allow installation of a 1,440-square-foot modular classroom within the 10-foot
side ,yard setback area and increase the permitted student capacity from 165 students
to 195 students in conjunction with an existing legally established school use, Country
Montessori-School, located at 12642 MonteVista-Road in the CommerCial-Office (CO)-
zone, and
WHEREAS, a request has been submitted to modify the Condition of Approval
contained in Section 10 of Resolution P-02-30 to allow the school an additional year to
identify funding sources for the schoolMaster Plan; and
WHEREAS, on May 31, 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 proposed project is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15061(b)(3), in that the granting of an extension would
not cause a significant effect on the environment and will not result in an intensification
of the use of the site.
Section 2: The findings, in accordance with Section 1748070 of the Poway
Municipal Code, CUP 91-08M(4) to allow the school an additional year to identify
funding sources for the school Master Plan are as follows.
A. The proposed time extension is in accord with the title and purpose of Section
17 48,070 of the Poway Municipal Code, the purpose of the zone in which the
site is located, the City General Plan, and the development policies and
standards of the City
B The proposed time extension would not affect the location, size, design and
operating characteristics of the existing school use, which will be compatible with
'and will not adversely affect or be materially detrimental to adjacent uses,
residents, buildings, structures, or natural resources.
C The proposed time extension would not affect the existing harmony in scale,
bulk, coverage and density of the project is consistent with adjacent uses.
D The proposed time extension would not affect existing public facilities, services
and utilities at the site
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Resolution No_ P-05-41
Page 2
7877
E. The proposed time extension would not have a harmful effect upon desirable
neighborhood characteristics.
F The proposed time extension would not affect the capacity and physical
character of surrounding streets and the project is consistent with the circulation
element of the General Plan.
G The proposed time extension would not affect suitability of the existing school
develop[TlelltJQ ttLe si!~.. _ - - - -- - - -
H. The proposed time extension would not affect the use of hazardous materials or
processes, nor does it affect any natural resources. Therefore, there will not be
significant hanmful effects,upon environmental quality and natural resources.
I The proposed time extension Would not affect other relevant negative impacts of
the proposed use that cannot be mitigated.
J The proposed time extension would not affect the existing location, size, design
and operating characteristics, of the use and the conditions under which it would
(. --
be operated or maintained, Will not be detrimental to the public health, safety or
welfare, or materially injurious to'properties or improvements in the vicinity nor be
contrary to the adopted General Plan.
K The proposed time extension would comply with each of the applicable
provisions of Title 17 of the Poway Municipal Code.
Section 3 The City Council hereby approves Conditional Use Permit 91-08M(4), to
modify The Condition of Approval, contained in Section 10 of Resolution P-02-30, to
extend the date for the school use to cease to June 6, 2006, involving the existing
Country Montessori School located at 12642 Monte Vista Road, within the Commercial
Office zone, subject to the following conditions:
A_ i'\pproval of this Conditional Use Permit request shall apply only to the subject
project and shall not waive compliance with all sections of the Zoning Ordinance,
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
-, . . 7878
Resolution No P-05-41
Page 3
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
commercial uses.
D The conditions of this CUP shall remain in effect for the life of the subject private
school and shall run with the land and be binding upon future owners,
successors, heirs, and trarisferees of the current property owner
E. Conditional Use Permit 91-08 shall be reviewed annually by the City Council to
- - - - - - '-review;-at.-a -minimum,~noise,-traffic-and- the- school:s"progress-in_finding_a_ new
location for the school.
F Any changes iil the approved use of the building, including but not limited to, the
number of students, will require the approval ofa modification to tt;]is Conditional
Use Permit. Depending upon the scope of such changes, at the discretion of the
Director of Development Services, said modification may be processed
administratively or may be referred to the City Council for a public hearing.
Section 4 The conditions of Resolution No P-98-39 and P-02-30 shall remain in
effect, except that CUP 91-08 shall be the subject of a public hearing to revoke the
Permit, so the use will cease no later than June 6, 2006, unless the City Council
approves a modification to the Permit extending the date for the use to cease
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 31 sMay of May
(
ATTEST
~b'd:k
- . . 7879
,
I Resolution No P-05-41
Page 4
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No P-05-41, was duly adopted by the
City Council at a meeting of said City Council held on the 31st day of May 2005, and
that it was so adopted by the following vote.
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AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED. NONE
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City of Poway