Covenant Regarding Real Property 2004-0793408
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RECQ,RDING REQUEST BY: ) IlIilllllll 1111111111 1111111111111111111111111 1111111111 1111111111111
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CITY OF POW~Y )
) AUG 20. 2004 8'37 AM
WHENRECORDED'M'AiL TO: )
.~ ) 1-IFFICI..:.l.L F:ECOFi[ _,
CITY 'CLERK ) '-,i~JJ ['Ichl) CIlIINT I F:ECOF:['IEFfO:, UFFICE
(.iF:EIJCIF:\ ,I -,hm H CClUr'JT'1 FiEC.UF:[IFR
17~ CITY'OF POWAY ) rtt _'. ~':I,UU
PQ Iipx 789 ) ~'L:J;E':, :::
W' POWAY CA 92074.0789 ) iillliilllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll1111111111
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No Tiansfer Tax Due )
APN: 314-710.37
COVENANT REGARDING REAL PR0PERTY
Regency Centers, LP;.PROPERTY OWNER ("OWNER" hereinafter), is the owner of real
property ("PROPERTY" ~ereinafter,),which is c()mmonly known as Assessor's Parcel Number 314-
71 0-37 and more particu!arlydescribed in Exhibit A.
In consideration of theapP!,oyal'of Minor ConditionalUse periTlit(MCUP) 04-08, a request to
allow the installation of a removable "micro-site" recycling center on PROPERTY, by the City of
Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached
Resolution (Exhibit B).
, This Covenant shall rUn\Nith 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 res'pectiveparties.
In the event that MCUP 04'-08 expires or is rescinded by City Council at the request of
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OWNER,.CITY shall expunge this' Covenant from the record title of PROPERTY
In the event of litigation to enforce the provisions of this Govenant, the prevailing party shall
be entitled 'to full reimburseiTleritof all costs, including reasonable attorneys'fees, from the other
pa rty
OWNER: REGENCY CEN RS, LP
Dated: 6/17/0 y ~.
{ (Notarize)
OWNER:
Dated: By'
(Notarize)
CITY OF POWAY
Dated: Julv 20, 2004 By'
Niall Fritz, Director of De e
M:\planning\04report\mC:up\MCUP04~08_rec}Cle\covenant.doc
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CAL,IFORNlIA..ALL,.PU~PO.SI: .ACKNOWLEDGMENT
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State of California .. :J) }
, County of S&v1 ~JO ss.
, on~ 11~, 2001, before me, ])oN"!,~:;[,{jr;nlLeL1p"b1;C")
personally appeared S+.ephA-iJ uJ. ~rAU:e..
Name(s)ofSigner(s)
~erSOnallY known to me ,
~
o proved to me on the basis of satisfactory ,
evidence
to be the perso~ whose nam~ is/<lfe"'"
subscribed tot e within instru ent and
acknowledged to me that he/~~9/th,,)' executed
the same in his'I:l'IH/tl4ci-r authorized
capacity~, and that by his/hor-/tl.eil ~
~ - - - - - A - - f signature~ on the instrument the person(i}, or
.DONNA J. MERRIFIELD ~ the entity upon behalf of which the personj,81 ,
.COMM..# 1500373 acted, executed the instrument.
, NOTARY PUBUC.cAUl'ORNIA g ,
" SAN DIEGO COUNTY ,
COMM. EXP. JULY 13.2008"
Place Notary Seal Above
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OPTIONAL
Though the information below is not required by law, it may prove vafuc!ble.to p~rsons relying 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:
,
,
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual Top of thumb here
" D Corporate Officer - Title(s):
, D Partner - D Limited D General
D Attorney in Fact
D Trustee
l~ Guardian or Conservator
D Other.
Signerls Representing:
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L;.(,;; _. 'xx,.'C<v'g,;.'9.;.'Q<;.'9(;.'G<; :f:~
@1999National Notary Association' 9350 De Soto Ave.. P.O. Box 2402 . Chatsworth, CA 91313-2402' ww;v,nationalnotary,org PrOd. No. S90? Reoloer: Call Toll-Free 1-800-876-6827
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EXHIBIT 'A'
THELAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
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OF SAN E>IEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCELS 2,,7, 9AND 10 OFPARCEL MAP NO 15808, INTHE CITY OF POWAY, COUNTY OF
SAN DIEGO; STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 89-510338,
PAGES 16808 TO 16813, INCLUSIVE, OF PARCEL MAPS, COUNTY OF SAN DIEGO,
CALIFORNIA.
PARCEL B:
NON-EXCLUSIVE EASEMENTS APPURTENANT TO PARCEL A ABOVE FOR THE PURPOSES
STATED IN.ARTICLEIII OF THAT CERTAIN DECLARATION OF RESTRICTIONS AND GRANT
OF EASEI\i1ENTS'RECORDED INTHEOFFICIAL RECORDSOFSAN DIEGOCOUNTY ON MAY
27, 1987, AS INSTRUMENTS NO 87-290447, AS AMENDED BY AMENDMENT NO 1 TO
DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT~ RECORDED.JANUARY 31,
1991, AS INSTRUMENT NO 91-0044753, IN THE OFFICIAL RECORDS OF SAN DIEGO
COUNTY AND AS AMENDED..BY AfV1ENDMENT NO 2 TO DEC,lARATION OFRESTRICTIONS
AND GRANT OF EASEMENTS RECORDED AUGUST 30, 1994 AS INSTRUMENT NO 1994"
05200078, IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA ("THE
DECLARATION").
PARCEL C
A DRIVEWAY EASEMENT FOR INGRESS AND EGRESS OF MOTOR VEHICLES AND
PEDESTRIANS UPON THE TERMSO_F THAT CERTAIN ACCESS EASEMENT AGREEMENT
RECORDED AUGUST 29,1989, AS.lNSTRUMENT NO 89-46;2~07 OF OFFICJAL RECORDS OF
SAN DIEGO COUNTY, CALIFORNIA (THE "ACCESS AGREEMENT") OVER AND ACROSS A
PORTION OF LOT 234 OF COUNTY OF SAN DIEGO TRACT3461, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOFNO 8885,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE?, 1978,
DESCRIBED AS FOLLOWS.
BEGINNINGATTHE WEST CORNEROF PARCEL 8 OF PARCEL MAP NO 14824 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 27, 1987,
THENCE NORTH.4r55'05" EAST 107.26 FEET TO THE TRUE POINT OF BEGINNING SAID
POINT BEINGONTHE SOUTH BOUNDARY OF SAID MAP NO 8885 AND THE SOUTH LINE OF
SAID L0T234, THENCE NORTH 86'50'15" WEST ALONG SAID SOUTH BOUNDARY liNE A
DISTANCE OF 49.29 FEET; THENCE LEAVING SAID SOUTH 130UNDARY LINE NORTH
,- , ..
4r55'05" EAST 46,60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 30.00 FEET, TI'lENCE NORTHEASTERLY AND
NORTHERLY 17.61 FEET LONG SAID CURVE THROUGH ACENTRAL ANGLE OF 33'38'11" TO
A POINT ON THE SOUTHWEST RIGHT-OF-wAy LINE OF CAMINO DEL NORTE AS
DEDICATEE> ON ~AIIJMAP NO 8885, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE SOUTHVVE?TEI3LY HAVING A RADIUS OF 143700 FEET THROUGH WHICH A
RADIAL LINE BEARS NORTH 4r01'21" EAST; THENE;,E SOUTHEASTERLY ALONG SAID
RIGHT"OF-WAY AND ALONG SAID CURVE 45.05 FEET THROUGH A CENTRAL ANGLE OF
1'47'46:' TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING ARADIUSOF30 00 FEET THROUGH WHICf:lPOINT OF BEGINNING A RADIAL LINE
BEARSJ.JORTH8'2(3:44" VVEST, THENCE LEAVING SAID RIGHT-OF-WAY SOUTHWESTERLY
1761 FEET ALONG SAlE> CURVE THROUGH A CEt>JTRAL ANGLE OF 33'38'11", THENCE
SOUTH4r55'05" WEST11.90 FEET TOA POINT IN THE SOUTH BOUNDARY OF SAID MAP
NO 8885 AND THE TRUE POINT 0F BEGINNING.
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EXHI BIT B
RESOLUTION NO P-04-49
ARESOLUTION OF THE GITYC08NClL
OF THE,CITY OF POWAY,CALlFORNIA
APPROVING .MINOR CONDITIGNAUUSE PERMIT 04-08
ASSESSOR'S PARCEL NUMBER314-710-37
WHEREAS,Minor Conditional Use Permit (MCUP) 04-08 was submitted by Regency
Centers, LP, Applicant, to allow the installation of a removable "micro-site" recycling center
on. the north side of Albertspns;along the rear access, on a developed property located at
14837 Pomerado Road in the.,General Commercial (GC) zone, and;
WHEREAS, the proposed "micro-site" recycling center consists of one 21-foot-long by
8-foot-wideby 9-foot-tall removable container, and;
WHEREAS, on July 2Q, ?004, the City Council held a duly advertised public hearing to
solicit comments from the public, both pro and con, relatiye to this application.
NOW, THEREFORE, BElT RESOLVED by the City Council of the City of Poway as
follows:
Section 1 The project is Categorically Exempt from the California Environmental Quality
Act(CEOA), as.a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEOA
Guidelines, in that project proposes negligible or no expansion of use beyond that existing.
Section 2: ,The findings, in. accordance with Section 1748070 of the Poway Municipal
Code, for MCUP 04-08 to install ~ removable "micro-site" recycling center on property
located at 14837 Pomerado Road in the General Com'me'rcialzone, are made as'follows:
A. The proposed location, size, design, and operating characteristics of the proposed
"micro-site"recycling centefare in accord with the tiUeand purpose of Chapter 17 48
of the Poway Municipal Code (Conditional Use Permit Regulations), the City General
Plan, and the development policies and standards of the'City in that the facility has
been designed and sited such that it will not result,jn visual impacts to the surrounding
community
B The location, size, design"and operating characteristics of the proposed "micro-site"
recycling'center,will be coii1patibJewi!h aiJC,! ")fill not adversely affect or be materially
detrimentalJo adjacent uses, residents, bLiildings,.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 communityanditwill comply with Califomia Department of
Conservation Division of Recycling operational standards. The facility has only one
employee, a'ndmany people recycle in conjunctionwith avisit to the supermarket, so
the recYcling ceritetwill not create traffic impacts.
C The proposed "micro-site" recycling center is in harmony with the scale, bulk,
coverage, and density of, and is consistentWith, adjacent uses in that the proposed
facility functions as if it were ancillary equipment to the existing building.
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Resolution No. P-04-49
Page 2
0 There are adequate public facilities, services,. and utilities available at the subject site
to serve the proposed '~micro-site" recycling center
E. There will not be a .harmful effect upon the desirable surrounding property
characteristics in that the' proposed "micro-site" recycling center has been designed
and sited such thafitwill,notresult ina visual impact to the surrounding community,
and the facility will comply with State of California Department of Conservation
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 "micro"site:', cycling center has only one employee and will have three
to five container pickc(Jpsper-month, thereby generatihg minimal traffic. The recycling
public will add approximately.20-30 vehicles toJnis commercial area,cmd the streets
and site are developed:to handle this additional minofincrease in traffic. Many of the
recyclers will also be patrons of the center thereby further reducing any potential
traffic impacts.
G The site is suitable forthe type'and intensity of useor developmentwhich is proposed
in thatthe proposed "micro~site" recycling centerwill enhance recycling opportunities
in the City This will help the supermarket and the City meet the goal of the State to
recycle up to 80 percent of beverage containers.
H. There will riot be significan,t harmful effects upon:environmental quality and natural
resources in that the proposed "micro-site" recyclihgcenter is located on a developed
property and does notihvolve the removal of natural habitat resources.
I There are no relevant negative impacts associated with the proposed "micro-site"
recycling center that cannot be mitigated in that the facility willcomply with State of
California Department of Conservation operational standards and will not wash
wastewater into a storrhdrain.
J That the potential impacts, and the proposed location, size, design, and operating
charac!eristics of the propo~ed "micro-site" recycling center will not be materially
injurious to properties or improvements irithe vicinity, nor be contrary to the adopted
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General Plan, in thatthe facility has been designed and sited such that it will not
result in visual impacts.
K. The proppsed "micro-site" recycling center will comply with all the applicable
provisions of Chapter 17 48 ()f the P6waYrv1unicipalCode in that the facility has been
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designed and sited such that it will notrei;ult invil>ual impacts and will comply State
of CaliforniaDepartment of Conservation operational standards.
Section 3: The City CounciJ'hereby approves MCUP 04-08 to install a removable "micro-
site""recycling'center consisting of one 21-foot-long,by:8"foot-wide by 9-foot-tall container at
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Resolution No. P-04-49
Page 3
14837 Pomerado Road, as shown on the plans dated.April6, 2004, subjecHo the fOllowing
conditions:
A. Approvai of this MCUP request shall apply only to the subject project and shall not
waive compliance. with. ail sections of the Zoning Or'dinance 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: (t)the applicant shallsubmit in writing
tliatallconditions 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.
0 The conditions ofMCUP 0~h08 shall remain in effectfor the life of the subject "micro-
site" recycling center,and.shall run with the lancl and be. binding upon future owners,
successors, heirs, and fransferees of the current property owner
E. MCL:JP 04~08 may be subject to annual review as determined by the Director of
Development Services for c()inpliance with the conditions of approval and to address
concerns that may have been raised during the 'prior year
F Prior to the establishment ofthe use the applicant shall comply with the following:
1 The site shall be developed in accordancewith the approved plan on file in the
DeveloprnEl.nt Services Department (dated April 6, 2004) and the conditions
contained herein. A final inspection from the appropriate City Departments will
be required.
2. The parking 10tshalLbe striped, to the satisfaction of the Director, to show the
desired direction of access and queuing for the recycling center
G. Upon establishmen~ of the removable "micro-site" recycling center, pursuant to
MCUP04-08, thefollowir\g shall apply'
1 All facilities and related equipment shall be maintained in good repair Any
danii3ge:from Einy cause.shallbe repaired as soon as reasonably possible so
as to minimize occurrences 9f dangerOus conditions or visual blight. The
areas around the recycling centershi.lll De kept clean and orderly, and shall
maintain an attractive appearance.
2. 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.
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Resolution No. P-04-49
Page 4
3. The'owner and operator of the facility shall not allow the parking of patrons
using the recycling center to block any required parking spaces or fire lanes.
4 No runoff fromclean-up shall be disc:harged'into the parking lot or storm drains
pursuant to NPDES requirements.
Section4 The owner ofthe"hlic:ro-site" recycling center shall remove allofthe equipment
and associated structures approved pursuant to this permit within 60 days of ceasing
operation of the "micro-site" recycling center
Section 5. The approval of MCLJP 04-08 shall expire on. July 20, 2006, at 5:00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the
MCLJP approval and the use has'cbrrimenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 20th day of July 2004
ATTEST
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Resolution No. P-04-49
Page 5
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, uhder the
penalty of perjury, that the foregoing Resolution No, P-04"49 , was duly adopted by the City
Council at a meeting of said 9ity Council held on the.20th day of July 2004, and that it was
so adopted by the following vote:
AYES EMERY, GOLDBY, REXFORD,CAFAGNA
NOES NONE
ABSTAIN: NONE
ABSENT HIGGINSON
e Bunch, Interim City Clerk
of Poway