Covenant Regarding Real Property 2004-1067988
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RECORDING REQUEST BY' ) IIIIIIIIIIIIII! lIill IIIIIIIIIIIII!IIIIIIIIIII 1111111111 111111111 III!
CITY'OF POWAY )
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) NOV 10, 2004 10"40 AM
WHEN RECORDED MAIL TO: )
) nrTlj-I..-:.L F:[COr-:[I':,
CITY CLERK ) .,t,lJ [qr.c,u I-uutn I F:UDF;[{F,'C, UFFII-r
CITVOF POWAY ) [iF:ECiOF:\ ,I A'll:'H UIUr'!f'1 FiEI-.oFiLIER
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POBOX 789 ) F''::',i_lf:S t:,
\o~ POWA Y CA 92074-0789 ) IIOO~II~~OOI~OO~~OOm~
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'\JS' No Transfer Tax Due ) 2004-1067988
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APN 323-092-91
COVENANT REGARDING REAL PROPERTY
Stowe Properties, LLC, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real
property ("PROPERTY" hereinafter), which is commonly known as Assessor's Parcel Number
323-092-91 and more particularly described in Exhibit A.
In consideration ofthe approval of Coqditional Use Permit (CUP) 04-12, a request to allow the
establishmerit of a aeritaloffice\vithin a multi-tenant commercial center on PROPERTY by the City of
Poway ("CITY" hereinafter), OWNER hereby agrees to abiae by the conditions in the attached
Resolution (Exhibit B),
This Covenant shall run withthe'land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns,ofthe
respective parties.
In the event thatCUP 04-12 expires or is rescinded by City Council atthe request of OWNER,
CITY shall expunge this Covenant from the record title of 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,
PROPERTI ES, LLC
Dated: lo/iilt> <{- BY'
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CITY OF POWA Y
Dated: 11,-/~~ By'
Niall. Fritz, Directo velopment Services
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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personally appeared (,-u::;,('f- Lod_\.Ulji ~
N<3 (s) ofSlgner(s) ~
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D proved to me on the basis of satisfactory
evidence
to be the person(.s1 whose nameka) ~ ,
subscribed to the within instrument and "
, acknowledged to me that~Glm'they executed
, the same in jjIZlh8r't~eir authorized
, capacity(.i98j. and that by .@hor/thoir
, ~ ~ "utA A. KWAST ( signature(s)- on the instrument the person(8j", or
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III NOTARY PUBlIC'CAlIFORNIA Ul acted, executed the instrument.
, SlnDI'I"Counr -
My Comm. ExpllesJUl &,2008"
I WITNESS my hand and official seal.
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Place'Notary Seal Above Signature of Notary PubliC
OPTIONAL
Though the information below is, not required bylaw, 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 D~cument r<&'BOJ~ Re.~ Proputo
Title or Type of Document: .:..oVe...nO-A;\-
Document Date: 8. Sor.l-.OCX)Lj Number of Pages: j
Signer(s) Other Than Named Above: I\A.uJlJ. m t Z-
Capacity(ies) Clai~ed by Signee.. I
Signer's Name: e...<DI"'f- OC!<,1)J\~ .
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I'j( Corporate Officer - Title(s) I'Y\CV\~~ Vcv---\nu Top of thumb here
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, o Partner - D'Limited 0 General ~
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, o Trustee
, D Guardian or Conservator
o Other'
Signer Is Representing, '5Towe ~(()~ L-l-C...
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EXHIBJTA
LEGAL DESCRIPTION
THE LAND; REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
PARCEL "A":
PARCELS 1 AND 2 OF PARCEL MAP NO. 184'10, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA" ACCORDING TO MAP
TH];;!{EOF FILED WITH THE 'RECORDER'S OFFICE OF SAN DIEGO COUNTY ON
JANuARY 20, 2000.
RESERVING THEREFROM AN EASEMENT FOR ACCESS AND APPURTENANCES
THERETO OVER THAT PORTION OF SAID PARCELS 1 AND 2 DESIGNATED
AND DELINEATED 'THEREON AS "ACCESS EASEMENT RESERVED iIEREON".
ALSO RESERVING. THEREFROM NONcEXCLUSlVE, EASEMENT RIGHTS, TO USE
IN COMMON WITH OTHERS, ,OVER THOSE PORTIONS qF THE SHOPPING
CENTER WHICH ARE PROVIDED, FROM TIME TO''rIME, AS "COMMON AREAS"
OVER PORTIONS OF .PARCELS 1, 2, 3 AND 4 OF PARCEL MAP NO. 18410.
PARCEL "B":
NON-EXCLUSIVE EASEMEl-1T RJ:GHTS, TO USE IN CCi.M!,!ON WFHOTHERS,
OVER TH()SE PORTIONS OF THE SHOPPING CENTER ,WHICH ARE PROVIoDED,
FROM TIME TO TIME, ~S "COMMON AREAS" OVER PORTIONS OF PARCELS
1, 2, 3 AND 4 OF PARCEL ,MAP NO. 18410, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF FILED WITH THE RECORDER'S OFFICE OF SAN DIEGO COUNTY ON
JANUARY 20, 2000.
PARCEL "C":
AN EASEMENT FOR ACCESS AND APPURTENANCES THERETO OVER THAT
PORTION OF PARCEL MAP NO. 18410, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF; CALIFORNIA, ACCORl?~):;jG TO A MAP TH~R~OF
FILED WITH THE ,RECORDER'S 'OFFICE OF S.MI~IEG() COUNTY ON JANUARY
20, 2000, DESIGNATED.AND DELINEATED THEREON, AS "ACCESS EASEMENT
RESERVED HEREON".
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EXHI BIT B
RESOLUTION NO pc04-67
A RESOLUTION OF THE'CITY COUNCIL
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OF THE CITY OF POWNj,qAl,IFORNIA
APPROVING CONDITIONAL USE PERMIT 04-12
TO ALLOW ESTABLIsHMENT OF A DENTAL OFFICE WITHIN
THE COMMERCIAL CENTER LOCATED.AT 14057 STOWE DRIVE
ASSESSOR'S PARCEL NUMBER 323-092-91
WHEREAS, CondiiionalUse Permit (CUP) 04-12 was submitted by Stowe
Properties, LLC, Applicant, to allow the establishment ,of a dental office within the multi-
tenant commercial center located at 14057 Stowe Drive, in,the South Poway Commercial
zone, and;
WHEREAS, on September 21,2004, 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, ~E IT RESOLVED by the City Council ofthe City of Poway, as
follows'
Section 1 The project is Categorically Exempt from the.California Environmental Quality
Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that the project involves a new use in an existing building that involves no
expansion or intensification of use
Section 2: The findings, in'clccordance with Section 17 48 070 of the Poway Municipal
Code, for CUP 04-12, are made as follows:
A. The Conditional Use Permit is in accord with the title and purpose of Chapter 17 48
of the Poway Municipal Gode (Conditional Use Permit Regulations), the General
Plan, and the development policies and standards of the City in that the shopping
center has adequate parking on-site to accommodate a dental office, given the
planned mix of commercial uses, and will not impact adjacent properties,
B The use proposed,LJnder the Conditional UsePermit will be compatible with, and will
not ?dversely' affeCt or be materially detri,mental to, adjacel'lt uses, residents,
buildings, structures,.or natural resources in that the shopping center has adequate
parking on~site to accommodate a dental office, given the planned rnix of
commercial uses,
C There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed use and the commercial center
D There will not be a harmful effect upon the desirable surrounding property
characteristics in that the shopping center has adequate parking on-site to
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Resolution No P-04-67
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accommodate the dental office and the planned mix of cornmercial uses in the
shopping center
E, The proposed use will not generate traffic beyond that which was envisioned with
build-out of the South Pciway Business Park, thus it will not adversely impact the
capacity and physical character of the surrounding streets and/or the Circulation
Element ofthe General Plan,
F There will not be significant harmful effects upon environmental quality and natural
resources in thaftheprojectis located on a developed property and does not involve
the removal of natural habitat resources.
Section 3. The City Council hereby approves CUP 04-12toa1l0w the establishment of a
dental office within the multictenant commercial center located at 14057 Stowe Drive, in the
South Poway Commercial zone, as shown on plans dated August 1 0,2004, subject to the
following conditions:
A, Approval of this CUP shall apply only to the,subj~ct project and shall not waive
compliance with all sections of the Zoning Orcjinahce, the South Poway Specific
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Plan, and all other applicable City Ordinances in effect atthe time of Building Permit
issuance,
B Within 30 days of the date of this approval:
1 The applicant shClII submit in writing that all conditions of approval have been
read and understood, and
2, The property owner shall execute Covenant Regarding Real Property
C The u~e conditionally granted by this approval shaU .not be conducted in such a
manner as to interfere with the reasonable use arid enjoyment of surrounding uses.
D The conditions ofcCUP 04-12 shall remain in effect for the life of the subject use, and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner
,E, Any expansion of the use beyond that approved under this permit shall require
additional review and approval by the City and' may require, as determined by the
Director of Development Services, an amendment to this Conditional Use Permit.
Secti0n 4 The approval of CUP 04-12 shall expire on September 21, 2006, at
5'00 p,m, unless, prior to that time, the conditions above have been completed in reliance
on the CUP approval and the use has commenced prior to its expiration.
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Resolution No. P- 04-67
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PASSED"ADOPTED al)d APPROVED by the City Council of the City of Poway,
State of'California, this 21st day of September 2004
ATTEST
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk ofthe City of Po way, do hereby certify,underthe
penalty of perjury, thatthe'foregoing Resolution No P- 04"67 , was duly adopted by the
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City Council at a meeting of said City Council held on the 21 st day of September 2004, and
that it was so adopted by the following vote,
AYES EMERY, GOLDBY, HIGGINSON, .REXFORD, CAFAGNA
NOES NONE
ABSTAIN' NONE
ABSENT NONE