Covenant Regarding Real Property 2003-0786534
',- , .
, , . rDDe. 2003-0786534
, RECORDING REQUEST BY: ) , ,JUL. 02. 2003 8:19 AM
)
CITY OF POW A Y ) 12845 OFFICIAL RECORDS
) SAN DIEGO COl.tiTV RECORDER'S OFFICE
\tAr WHEN RECORDED MAIL TO: ) GREGOR'! J. SHITH, COUNTY RECORDER
~ ) FEES: 32.00
CITY CLERK )
CITYOFPOWAY ) \ \ \\111\ \\\\1 "III "I" \1\ll~~\lm~~\~~I\\ \11" ~~I\~ \\\\;
POBOX 789 )
POWAY CA 92074-0789 )
) _0.1.. ---- ---
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Edward C. Malone and Barbara J. Malone, Co-Trustees, PROPERTY OWNER ("OWNER"
hereinafter), is the owner of real property ("PROPERTY" hereinafter), which is commonly known as
Assessor's Parcel Number 317-130-64 and more particuladydescribed in Exhibit A.
In consideration of the approval of Minor Conditional Use Permit (MCUP) 03-001, 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 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In the event that MCUP 03-001 expires or is rescinded by City Council at the request of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
OWNER:
Dated: &,. -/;;2. -0.;3 By' ~, ~
(Nota rize)
OWNER:
Dated: h-/;2--C::>.3 ~~~o;;L
(Notarize)
CITY OF POWAY
Dated: June 16.2003 By'
Niall Fritz, Directo 0 evelopment Services
M:\planning\03report\mcup\mcup03-001 nex::ycJe\covenant.doc J~I=I~j.07D 3- ~y
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,. . ~ALi~ORNIA AlL.PURPol ACKNOWLEDGMENT .12846
No. 5907
State of -Cf)J ,tnV' () i a
County of So VI Diki ~O
On h f I Z-- L V ~ 1:0
I DATE
personally appeared ,
NAME{S} OF SIGNER(S\
IZi personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledgedtonle that he/she/they executed
~ ~ ""'L....... ~ the same in his/her/their authorized
capacity,(ies}, and that by his/her/their
- Comm.' 1357963 signature(s)on the instrument the person(s),
Ul NOTARY,PIIBllt'tAUFORNiA Ul
. Sin DielJo Coint, ~ or the entity upon behalf of which the
My Comm. EXpim: M., 24; 2001 ...
person(s) acted, executed the instrument.
WITNESS my han and official seal.
OPTIONAL
Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF OOCUMENT
. TITLE(S)
o PARTNER(S) o LIMITED
o GENERAL
o ATTORNEY,IN,f'ACT NUMBER OF PAGES
o TRUSTEE(S)
o GUAROIAN/CONSERVATOR
o OTHER:
DATE OF OOCUMENT
SIGNER IS'REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
C91993 NATIONAL NOTARY ASSOCIATION. 8236 RElmmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
. .2847
EXHIBIT 'A'
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as follows:
Parcel A.
Lot 3 of County of San Diego Tract 3844-1, in the City of Poway, County of San Diego, State,of
California, according to Map thereof No. 9561, filed in the Office, of the County Recorder of said
San Diego County on February 20, 1980;
Together with that portion of Lot 2 of said Map No. 9561" described as follows:
Commendng at the, Southeast corner of said Lot 2, thence North 1 degrees 16'19" East along the
most Easterly line of said Lot a distance of 133.08 feet to the True Point of Beginnlng;'thence
North 88 degrees 43'41"Westadistance of 65:42 feet;thenee"North 1 degrees 16'19" East a
distance of 3.92 feet to an angle Point in the Easterly line of said Lot 2; thence South 88 degrees
43'41" East a distance of 65:42 feet to an angle Point In the most Easterly line of said Lot 2;
thence South 1 degrees 16'19" West along said most Easterly line a distance of 3;92 feet to the
Point of Beginning.
ExceptingTherefrom that portion of said Lot 3 described as follows:
Beginning at the most Easl:erty, Southeast corner of said Lot 3 being also the Northeast corner of
Lot 5 of said Map No. 9561; thence North 88 degrees 43'41"Westalong the North line of said
Lot 5 and the Southerly line 6fsaid Lot 3 a distance of 120.00 feet; thence South 1 degrees
16'19" West along theWest line of Lot 5 and the Easterly line of Lot 3 a distance of 150,00 feet
to the Southwest corner of lotS being also the most Southerly, Southeast corner of said Lot 3
and being also a poinUn the North line of Po way Road;thence:North88 degrees 43'41' West
along said North line agi~nce of 15.00 feet; thence North 1 degrees 16'19" East Parallel with
the West line of said lotS a distance of 160.00 feet; thence South 88 degrees 43'41" East,
Parallel with the North line of said Lot 5 a distance of 150;00 feet to a Point in the East line of
said loU; thence South 1 degrees 16'19" West along said East line a distance of 10.00 feet to
the Point of Beginning.
Also Excepting Therefrom thatportiOll of said Lot 3 described as follows:
Beginning at an angle PoinUn the West boundary of said Lot 3 being also the Southwest corner
of Lot 20f said Map No. 9561; thence South 88 degrees 43'41" East alongtheSo,uth line of said
Lot 2 a distance of 113.20 f~: thence South 1 degrees'16'!9" West a distance ofA5.00feet;
thence North 88 degrees 43'41" WE!St, Parallel with the South.line of said Lot 2 a distance of
114.02 feet to a Polntln the West lire of said Lot 3 being also'a Point In the East line of
Community Road as shown on said Map No. 9561; thence North 2 degrees 18'56" East along said
West line of Lot 3 and said East Une of Community Road a distance of 45.01 feet to the Point of
Beginning.
Said property being described as adjusted Parcel '6' in'.a Certificate of Compliance recorded on
September 4, 1980 as Instrument no. 80-285139 of Official Records of said San Diego County.
Parcel 6:
An easement, to be used common with others, for road and utility purposes over, under, along
. ~848
and adossthat J?Ortion of the Southwest Quarter of the NortheasrQuarter of Section 13,
TownShip,14 South, Range 2 West, San Bernardino Base and Meridian, acmrdingto United
States Government Survey Approved November 19,.1880 more Particularly described as follows:
The Northerly 15.00 feet ofthat.portion of said Section 13conveyed to Poway Square Limited, a
Limited Partnership, described as Parcell in deed dated, December 1, 1971 and filed ,in the Office
of the County Recorder of said San Diego County on December 29, 1971 as instrument no.
303142 of OfficialRecords.
Parcel C.
An easement, to be used'in common with others, for road and utility purposes over, under, along
and across, that portion oHhe Southwest Quarter of the Northeast Quarter of Section 13;
Township 14 South; Range 2 West, San Bernardino Base,and Meridian, acmrdingto United
States Govemment.Survey Approved November 19, 1880"more particularly described as follows:
The Northerly 15.00 feet of that portion of said land conveyed to Safeway Stores, Incorporated, a
Maryland Corporation; described as Parcel II in Deed dated June 12, 1979 and recorded in the
Office of the County R,~rder of San Diego County, State of California on July 10, 1979 as
instrument no. 79- 284042 of Official Records.
Parcel D:
Non-exdusive easements as more particularly describecUn Document Entitled' "Easements with
Covenants and Restrictions'Affecting land (ECR)".Executed,by and between poway Town and
Country ShopplrigCehter, a California General Partnership, Longs Drugs Stores, Inc., a California
Corporation, and PoviaY,&iliare LTD., a California Limited Partnership. Recorded November 26,
1980 as Rle No. 80-400461.
APN: 317-130-64-00
, . ~849
RESOLUTION NO. P- 03.,27
A RESOLUTION OF TIjE CITY COIJNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 03-001
ASSESSOR'S PARCEL NUMBER 317-130-64
WHEREAS, Minor Conditional Use Permit (MCUP) 03-001 was submitted by
NexCycle, Applicant, to allow the installation of a removable "micro-site" recycling center on
the west side of Vons, along the rear access, on a developed property located at 13438
Poway Road in the Town Center (TC) zone, and;
WHEREAS, the proposed "micro-site" recycling center consists of one 17 -fooHong
by 8-foot-wide by 9-foot, 3-inchestall removable container, and;
WHEREAS,on June 3,2003, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and coni relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The project is Categorically Exempt from the California Environmental Quality
Act (CEQA), asa Class t Categorical Exemption, pursuimtto Section 15301 ofthe CEQA
Guidelines, in that project proposes negligible or no expansion of use beyond that existing.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for MCUP 03-001 lo-il1stall a removable "micro-site" recycling center on property
located at 13438 PowayRoad in the Town Center zone, are made as follows:
A. The proposed locationi size, design, and operating characteristics ofthe proposed
"micro-site" recycling center are in accord with the title and purpose of Chapter
17.48 of the PowayMunicipal 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 itwill not result in visual impacts to
the surrounding community
B The location, size, design, and operating characteristics ofthe proposed "micro"site"
recycling center 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 and itwill comply with California Department
of Conservation Division of Recycling operational standards. The facility has only
one employee, and many people recycle in conjunction with a visit to the
supermarket, so the recycling center will not create traffic impacts.
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EXHIBIT B
, . .850
Resolution No. P-03-27
Page,2
C. The proposed "micro-site"' recycling center is in harmony with the scale, bulk,
coverage, and densityof"and is consistent with, adjacent uses in thatthe proposed
facility functions as if it were ancillary equipment to the existing building.
D. 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 inthat the propOsed "micro-site" rec;yclillg center has been,designed
and sited such that it will not result in a visualimpaCt 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 tile Circulation Element ofthe General
Plan in that the proposed "micro-site" cycling,center,hasonly one employee and will
have three container, pick-ups per month, therebygElnerating minimal traffic. The
recycling publicwill,addapproximately 20-30 vehicles to this commerCial,area, and
the streets and site are developed to handle ttiisadditional minor increase 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 for the type and intensity of use or development which is
proposed in that the proposed "micro-site" recycling center will 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 not be significant harmful effects upon environmental quality and natural
resources in that the proposed "micro-site" recycling center 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 "micro-site"
recycling center that cannot be mitigated in that the facility will complywith State of
California Department of Conservation operational standards and will not wash
wastewater into a storm drain.
J That the potential impacts, and the proposed location, size, design, and operating
characteristics of the proposed "micro-site" recycling center will not be materially
injurious to properties or improvements in the vicinity, nor be contrary to the adopted
General Plan, in that the facility has been designed and sited such that it will not
- - -- result in-visual.impacts. - .
. 1.51
Resolution No. P- 03-27
Page 3
K. The proposed "micro-site" recycling center will comply with all the applicable
provisions of Chapter 1.7.48 of the Poway Municipal Code in that the facility has
been designed and sited such that it will not result in visual impacts andwill comply
State of California Department of Conservation operational standards.
Section 3: The City Council hereby approves MCUP 03-001 to install a removable
"micro-site" recycling center consisting of one 17-foot-long by 8-foot-wide by 9-foot,
3-inchAs .::111 mntainer..at 1::14::111 Pnw::IY Rnad,_as ShOwrl on the plans dated..March.J8, ,-
2003, subject to the following conditions:
A. Approval of this MCUP request shall apply only to the,subject project and shall not
waive compliance withall'sections of the Zoning Ordinance and all other applicable
City ordinances in effect atthe time Of Building Permit issuance.
B. Within 30 days ofthe 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 MCUP 03-001 shall remain in effect for the life of the subject
"micro-site" recycling center,and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. MCUP 03-001 may be subject to annual revi~w 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. Prior to the establishment of the use the applicant shall comply with the following:
1 The site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated March 18. 2003) and the
conditions cQntained herein. A final inspection from the appropriate City
Departmentswill be required.
2. The parking.lot shall be striped, to the satisfaction ofthe Director, to show the
desired direction'of access and queuing for the recycling center.
G. Upon establishment of the removable "micro-site" recycling center, pursuant to
,- -,---,--.MCU~03-00 1 ,-the,followingshall. apply'
1 All facilities and related equipment shall be maintained in good repair Any
damage from any cause shall be repaired as soon as reasonably possible so
I . . . 1285_
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Resolution No. P-03-27
Page 4
as to minimize occurrences of"dangerous conditions or visual blight. The
areas around the recycling center shall be kept'c1ean 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.
3. The owner and operRtorof the fRCility !':h::lIr'not:aUow the p~'lrkina of pRtron!':
using the recycling center to block any required parking spaces or fire lanes.
.
4. No runoff from clean-up shall be discharged into the parking lot or storm
drains pursuantto NPDES requirements.
Section 4: The owner of the "micro-site~ recycling center shall remove all of the
equipme!1t and associated structures approved pursuant to'this permit within 60 days of
ceasing operation ofthe "micro-site" recycling center.
Section 5: The approval of MCUP 03"001 shall expire'on June 3, 2005, at 5:00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the
MCUP approval and the use has commenced prior to its expiration.
PASSED, ADOPTE;D and.APPROVED by the City Council of the City of Poway,
State of California, this 3rd day of June 2003.
ATTEST
Lori Anne Peoples, CitycCler
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\ . 128.
. .
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Resolution No. P-03-27
Page 5
STATE OF CALlFO~NIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penaJty of perjury, that the foregoing Resolution No. P-03-27 , was duly adopted by the
City Council at a meeting of said City Council held on the 3rd day of June 2003, and that it
__~was_so adopted,by_.the following,vote:
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDBY
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City of Poway
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