Covenant Regarding Real Property 2001-0429826
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''''::- - RECORDING REQUEST B.
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CITY OF POWAY )
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WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY CA 92074-0789 )
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No Transfer Tax Due )
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DOC. 2001-.0429826
JUN 26. 2001 8:49 AM
OFFICIAL RECORDS
SAN DIEGO [lli{f'{ RECORDER'S IFf ICE
GliffiffiV J. SlHTH,CWfTY REClJRDER
, FEES: 25.00
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COVENANT REGARDING REAL PROPERTY
Lutheran Church of the Incarnation, 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 273~820-08 ("PROPERTY hereinafter). In
consideration of approval Conditional Use Permit (CUP) 65-98rvi3W, a:request to allow the installation
of a columbarium facility at the Lutheran Church of the Incarnation, 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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that CUP 65-98M3W expires or is rescinded by City Council at the request of
OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY
If either party is required to, incur costs 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
Dated: (" /02,1 /0 I
/ I
,gel..) ~ IIu..-UUAU
Patricia B. Morris, Authorized Signor
,\
CITY OF POWAY
Dated: ~.).. ..,. t:) (
ent Services
By'
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CALIFORNIA ALL.PUIR.E ~CKNOWLEDGMENT
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State of C A L I Po r? IV I A
County of ~111\i [)"O(:;''''''
OnSL.UY":; 'li '1 Cr.., beforeme("HAr<Ln1TEI\!1 (nLLuJSNf'iIiI<Y
D,I, () rJ N,m, i';d T,II"lOff." I' 9 , . J,", 000, Not'" p"bI,,'1
personally appeared 1.:::/1 T r? I C I A C2 IV\ {, r? (2 I S
Name(s) of Signer(s)
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o personally known to me - OR -i)l1 proved to me on the basisofsa!isfactory evidence to be the personOll
whose name()lJ is/<ll'Q.subscribed to the within instrument
and acknowledged to me that Il6'lshe/lt)e:jf executed the
same in ~/her/tbai"r authorized capacity("!Jj$), and that by
f)ill/her/(~ignature(lJl on the instrument the person(~,
or the entity upon-behalf of which the personQ;O acted,
executed the instrument.
. .. " CHARLOTTE M. COLLINS
~....,....".., COMM#1180956 _
~ . .' " N01ARY P,UBlIC.CALiFORNIA ~
::;' ill> ." ' SAN DIEGO COUNTY '"
-' ' "'.. I MY COMMISSION EXPIRES
'.,,,..... MAY 8. 2002
WITNESS my hand and official seal.
c~,,, ,~.~ ~ C\~~, ",,-
Sig 01 Nolary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent (emova/ and reaNachment of this form to another document.
Description of Attached Document
Title or Type of Document: C <' V E IV ANT t\? Er:;' A R /j IIV r,. r2 Eli i_ Pi\. LIP E R ., Y
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s)
o Partner -,0 Limited 0 General
o Attorney.in-Fact
o Trustee
o Guardian or Conservator
o Other' Top of thulTlb here
o Individual
o Corporate Officer
Title(s)'
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other" Top of thumb here
-
Signer Is Representing:
Signer Is Representing:
@1994 Nalional Notary"Associalicn '6236 RemmetAve.. P.O. Box 7.1a4' Canoga Park, CA 91309.7184
Prod. No. 5907
Reorder: Call TolI;Fr&e 1-800-876-6827
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EXHIBIT "A"
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LEGAL DESCRIPTION
THE SOUTHERLY 650.00 FEET OF THAT PORTION OF LOT 1 IN SECTION 26, TOWNSHIP
13 SOUTH,. RANc:;E 2 WEST , SAN BER'NARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, 'ACCORDING TO UNITED STATES GOVERNMENT SURVEY
THEREOF, DESCRIBED AS FOL\.;OWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID SECTION 26, AS SAID
NORTHEASTERLY CORNER IS 'SHOWN oN. RECORD OF SURVEY MAP NO. 3582, FILED IN
THE OFFICE.OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE NORTH
NORTH 88,'45'59" WEST' ALONG THE .NORTHERLY LINE OF SAID SECTION, A DISTANCE
OF 330.00 F.E'E;T TO THE 1:RUE POINT ..01" BEGINNING; THENCE SOUTH 01',14' 01" WEST,
1333.05FEE:T TO THE INTERSECTION WITH THE CENTER LINE OF THE 60.00 FOOT
._,' - .. _, . _. . _,.,-"':'__..-' co',;_,'.
TRAVELED RIGHT OF WAY FOR: ROAD ,PURPOSES AS SHOWN ON. SAID RECORD OF SURVEY
MAP NO. 3582; THENCE ALONG SAID CENTER LINE AS SHOWN ON 'SAID MAP, NORTH
88'56'56" WEST, 3'42.44 FEET TO A TANGENT 375.00 FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE NORTH 01"14' 01" EAST, 1334.14 FEET TO THE IN:TERSECTION
WITH THE NORTHERLY tINE OFSA'ID LOT It THENCE .SOUTH 88'45'59" EAST ALONG
SAID NORTHERLY LINE 342.44FIiET TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM SAID SOUTHERLY. 650.00 FEET OF THAT PORTION CONVEYED TO THE
COUNTY OF SAN DIEGO" ,BY' DEED RECORDED FEBRUARY 19, 1962 AS FILE/PAGE NO.
28924 OF OFFICIAL RECORDS, BEING THAT PORTION LYING SOUTHWESTERLY OF A
1170.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THAT IS 'CONCENTRIC WITH THE
DISTANT 30.00 FEET (MEASURED RADIALLY) NORTHEASTERLY FROM THAT CERTAIN
1200.00 FOOT RADIUS CURVE I'N THE FOLLOWING DESCRIBED LINE:
BEGINN.ING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 26,; THENCE NORTH
88'57'07" WEST, (RECORD NORTH 88'56'56" WEST) 338.30 ,FEET TO THE BEGINNING
OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1200.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56'46'05" A
DISTAN~CE OF 1188.,95 FEET; THENCE TANGENT TO SAID CURV.E NORTH 32'11' 02"
WEST, 603.33 FEET TO A POINT WHICH IS SOUTH 68'14'59" WEST, 728.33 FEET;
AND NORTH 88'42;'51" WEST, (RECORD NORTH 88,'45'59" WEST) 999.86 FEET FROM
THE NORTHEAST CORNER OF SAID SECTION 26.
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51.1 .
EXHIBIT B
RESOLUTION NO P- 00-100
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVINGCOLJNTY USE PERMIT 65-98M3W
ASSESSOR'S PARCEL NUMBER 273-820-08
WHEREAS, County Use Permit 65-98M3W was submitted by Dominy and
Associates, Applicant, on behalf of the Lutheran Church of the Incarnation and came
before City Council for a public hearing and action on December 19, 2000; and
WHEREAS, the application requests approval to allow a memorial
garden/columbarium with niches for the permanentinterment of cremated remains to be
built in three phases on the existing church campus at 16889 Espola Road within the
RR-C zone, and
WHEREAS, the City Council held a duly advertised public hearing on December
19 2000, to solicit comments from the public, both pro and con, relative to this
application; and
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section t. The City Council finds that this project is categorically exempt from the
California Environmental Quality Act per Section 15304 (Class 4) as a minor alteration
to land.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code for County Use Permit 65-98M3W approving the establishment of a
memorial garden/columbarium on the subject property, are made as follows:
A. The project is consistent with the General Plan as it designates this site for
semipublic uses, including community centers, churches, and memorial gardens
and/o~ columbariums, with the benefit of a County Use Permit. The project is
also iJl conforman'ce with Chapter 13.12 of the Poway Municipal Code for
Cemeteries thadndudes columbariums for cinerary 'interments.
B The locatior:1, size, design, and operating characteristics of the use will be
compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, structures, or natl:lral resources, as the project is an
accessory use to the church.
C The harmony in scale, bulk, coverage, and density is consistent with adjacent
uses becau::;e the memorial garden and columbarium will be walls with
landscaping that will blend in with the church architecture and existing
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Resolution No. P-OO-IOO
Page 2
landscaping.
D There are available public facilities, services, and utilities because the use will be
located in a developmentwhere allnscessary facilities are already in place.
E. There will not bea harmfUl effect upon desirable neighborhood characteristics as
new walls and a passive landscaped area will be installed in the first phase.
F The generation of traffic will not adversely impact the surrounding streets and/or
the City's Transportation Element as there is. sufficient area for on"site parking,
and the use will generate intermittent traffic at low levels.
G The site is suitable for the type and intensity of the use in that it was designed as
an accessory use to. the church.
H There will be no significant harmful effect upon environmental quality and natural
resources ,in that the property does not contain any native plant material or
resident animal population. There are no streams or other natural features on or
adjacent to the property.
There are no other relevant negative impacts ofthe development that cannot be
mitigated.
Section 3. County UsePermit65-98M3W, com;isting.:ofthe memorial garden!
columbarium with nichesfor tbe permanent intermentofcremated remains to be built in
three phases on the existing church campus at 16889 Espola Road within the RR-C
zone, assliown on the plans dated August28, 2000, and as amended by the plans
dated December 11, 2000, is hereby approved, subject to the following conditions:
A. Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
B Within 30 days of approval, the property owner shall execute a Covenant on,
Real Property
C The project may be built in phases with no further review required by the City
Council ata public hearing. The ,number of niches may be increased, provided
they reasonably fit within the structure sh.own on the plans dated August 28,
2QOO, and as amended by the plans dated December 11, 2000.
D The use conditionally granted by this approval s.hall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of the surrounding
residential, church and synagogue uses.
Resolution No P- 00- roo
Page 3
E. The operation and maintenance;ofthecolumbarium garden shall be in
accordance with State, County arid City Health and Safety Codes and with any
other applicable codes.
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F The church is responsible for the' maintenance of the columbarium.
G In accordance with State law, the owner of the columbarium garden shall provide
written notice to each;person who purchases or agrees to purchase interment
rights in the columbarium garden ofthat person's ability to receive notice of a
proposed change in the use of the columbariuhl'f6r other than columbarium
purposes.
H Prior to issuance of a Building Permit for Phase 1as shown on the plans dated
August 28, 2000, the applicant shall comply with the following'
1. Theworking drawings shall be the same as the approved plans. on file
with the Development Services Departmeht for County Use Permit 65-
98M3W
2. The applicant shall comply with the latest adopted Uniform Building' Code,
Uniform Mechanical Code, National Electric Code, Uniform Fire Code, and
all other'applicable codes and ordinances in effect at the time of building
permit issuance.
3. The applicant shall submit formallandscape,and irrigation plans to the
Planning Division of the Development Services Department for plan check
and approval for the memorial garden.
Section 4 The apprClvalofCounty Use Permit 6!?"98M3W shall expire on December
1.9, 2002, at 5:00 p.m. unless, prior to that time, a building permit has been issued and
construction on the property in reliance on the project approval has commenced prior to
its expiration.
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. Resolution No. P- 00-100
Page 4
PASSED, APPROVED AND ADOPTED. by the City Council of the City of Poway.
State of California, at a regular meeting this 19th day of December 2000.
ATTEST'
\"jFfl L n ^^ ,- , V ~ 0." D '
Lon Anne Peoples, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Lori Anne Peoples, Ci~y Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. p" 00-100 ,was duly adopted by the
City Council ata meeting of said City Council held onth819th day of December 2000, and
that it was so adopted by the following vote:
AYES
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES
NONE
ABSTAIN
ABSENT
NONE
NONE
~~; ft. . ~,~ D./>.-
Lori\Anne Peoples, City CI rk
City of Poway
n:\city\planning\OOreport\cup6598m res. doc