Restrictive Covenant Running with the Land 2004-0235416
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MAR 22, 2004 3:33 PM
:, RECOiiliiNG REQUESTED BY "FA1eD
rttp OFFICIAl RECORDS
(Skateamerica) SAN DIEGO COUNTY RECORDER'S OFFICE
~ \\ZHEN RECORDED, MAIL THIS GREGORY J. SMITH. COUNTY RECORDER
/&1 INSTRUMENT TO' FEES: 17,00
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The City of Poway 15004 ' p', , ---------
: (II!I!! 11I11 !/III ,!III !1!l~!~I!~{~~!!III m II~IIIIIII 11111111
13325 Civic Center Drive
PO Box 789
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Poway. California 92074-0789
Development Services Department
.Attn. Carol Rosas - Associate Planner
.Assessor's Parcel Nos. "
317 -810-28'00
(Space above this line for Recorder's onlee)
~ RESTRICTIVE COVENANT RUNNING WITH THE LAND
This Restrictive Covenant ,Running With The Land ("Restrictive Covenant") is made as
of f!\l\rc:;'\., I'!, , 2004("Effective Date") by MiChael E. Bornstein, Trustee of the
Michael E. Bornstein Separate Property Trust dated February 8, 200 I ("Declarant").
Whereas Declarant is the owner of that certain real property located in San Diego County,
California and further identified_on Exhibit "A" attached hereto andjncorporated 'h~L~inby this
- -- rete-rence ("Property").
Whereas Declarant intends to construct an addition of an approximate 4,958 square foot storage
mezzanine to an existing 17,656 square foot industrial building located at 13615 Stowe Drive,
Poway, California, on land designated for light industrial use is permitted pursuant to the South
Poway Specific Plan Development Standards.
Whereas Declarant is entering into this Restrictive Covenant in order to restrict the property
described herein, as set forth herein.
Whereas The Poway Planning Division has reviewed a concept plan of Skateamerica to install a
.- 4;958 ,squ_are.fo()hstor(lge mezzanine. in the warehouse area bf the industrial building located at
.----- 1'36r5 'Stowe -Drive; -Pbway, Califomia-: It is the City of Poway's understanding that
Skateamerica is a skating accessories distribution warehouse and the reported purpose of the
mezzanine is for a storage of miscellaneous skating accessories.
Whereas pursuant to the South Poway Specific Plan Development Standards, Volume 2. a
distribution warehouse is permitted on property designated for light industrial use. Required off-
street parking for warehouse, storage and distribution uses (I space/I,OOO square feet of gross
floor area for the first 20,000 square feet devoted to storage) is calculated at a lower rate that
what is required for a general industrial use (2 spacesllOOOsquare feet of gross floor area).
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Warehouse, storage and distribution uses are required to provide less on site parking than a
,general industrial use. It should be noted that the Planning Division would count storage
.,. mezzanine space towards the gross floor area in the calCulation of required on site parking for a
given business or use.
Whereas City records show that the existing area of the subject industrial building is 17,656
square feet and 40 on site parking spaces are provided. According to the building area
breakdown submitted to the City in a letter dated November 19, 2003, prepared by Pacific
Commercial Construction, Inc., approximately 10,256 square feet of the total existing building
area will be used as a warehouse. The addition of the proposed 4,958 square foot storage
mezzanine will result in a total warehouse storage space of approximately 15,214 square feet.
Therefore,a,total of31 on site parking spaces will need to be provided for Skateamerica upon
completion of the storage mezzanine addition.
'Furtner;the City of Poway nas required that prior to the issuance of a building permit for
the mezzanine construction as describe!! herein, the Declarant shall place and record the
following covenant against the rroperty described herein, restricting future use of the
property to warehouse/storage/distribution type uses; or the 4,958 square foot storage
mezzanine addition to be constructed, will be required to be removed formally via a
demolition/building permit.
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Michael E. Bomstein, Trustee of the Michael E. Bomstein
Separate Property Trust dated February 8, 2001
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STATE OF CALIFORNIA )
COUNTY OF::AtJ 1)1~ SS.
On (1'bfth 18 IdC0--I , before me, G Lbtlc m AttiE: LVi 111~rsonally appeared
Michael E. Bomstein, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) islare .subscribed to the within instrument and
acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies),
... and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of
which theperson(s) aCted, executed' the instrument.
WITNESS;my,hand and official seal
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Zl Notary PublIC . california III
Notary Public in and for said County and State ::J SOn DIego County
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~ i . EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS
PARCEL 24 OF PARCEL MAP 16700, IN THE CITY OF POW A Y, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS PER THE MAP THEREOF FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 2,1991 AS
INSTRUMENT NO 91-619281 OF OFFICIAL RECORDS.
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