Covenant Regarding Real Property 1999-0129447
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4026
DOC .1999-0129447
CITY CLERK
ciTY OF POWAY
POBOX 789
POWAY CA 92074-0789
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MA~ 02. 1999 9:50 AM
OFFICIAL RECORDS
SAN DIEGO. COIJNTV RECORDER ~ S OFFICE
GREGORY J, SMITH, COUHTV RECORDER"
FEES: 25.00
RECORDING.REQUEST. BY:
CITYOF POWAY
WHEN'RECORDED MAIL TO:
No Transfer Tax Due
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(Th' f ., .. .1999,0129447
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COVENANT REGARDINGREA:I!; PROPERTY
Pomerado Leasin'g#l, LP ("OWNER":heh3inaftef) is'the,ownerofreai property d_escribed in E~hibit
A which is attached 'hereto and made a part'hereof and which is commoniy known as Assessor;); Parcel
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Number 31,7,223,06 (':PROPERTY"i_h~rein'!.ttElr); I~consideration.of theaRProval of Minor Conditional Use
Permit 9a-04,Aiflineln,\eriors by,theCity~cifPoway("CITY" hereinafter),.0WNER hereby ag'rees to abide by
conditions of the,attached resolution'(Exhibit B),
This Covenant sheill. run with the land and be binding upo~ and inure to the benefit of the future
owners, encumbrancers, successors, heirs,personai represent~iivesitransferees and assigns of the
respective parties:
In the event that Minor Conditional Use Permit 9S-04,.Airline Interiors expires or is rescinded by City
Council af the request of the OWNER, CITY shall expunge this Covenant from the record titie of the
PROPER'fY
In the event of litigation to enforce the provisions of thisCovenarit, the prevailing party shall be entitled
to full reimbursement of all costs', including reasonable attorneys'fees, fro. the other party
Dated:
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Pomerado L asing,#.1, LP"
OWNER (Notarize)
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CITY OF POWAY
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Dated: 2 /16! 99
By'
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C~i..IFORNIA ALLoPURPosfACKNOWlEDGMENT
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count~f ~ J>1(j
On fd,(()JJY't, /1, ftl'11 before me,
personally appeare;'. ~tJNt I e./ ,AI[,
State of
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Name andTrtle of Officer (e,g.
Wlti-t~
'J':!::/:::~'ZbIiC~~('<- ,
Name\s) of Signeds)
~personaliy known to me - ~~sfaGtolY e\4deooe-lo be the person(81'
whose nameMislare subscribed to the within instrument
and acknowledged to me ,that he/she,~Rey executed the
same in his/hor!tRcif-authorized capacity(leS), and that by
his/her/their signature~ onthe instrument the person\8'),
or the entity upon behalf of which the personW acted,
executed the instrument.
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- @ Comml5slon#l078691 ~
t ,..,. Notary I'uIllIc - CCi!Ifaria ~
San Diego CoI.nty .
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WITNESS my hand and officiaL seaL
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OPTIONAL
Though the Information below is,not,required by faw,.-it may prove valuable to persons relying on the document and could prevent
fraudulent removafand reatt.achment of this form to another docurnent.
Description of Attached Document
Title or Type of Document: & ~
Document Date: 0//61'19
Signer{s) Other Than Named Above:
(];-An
Capacity~ Claimed by Signer.{s/
Signer's Name: ])~(C/;l,{ 0Iku"p.w
o Individual
0. Corporate Officer
Title(s):
~ Partner- 0 Limited 0 Generai
o Attorney'in-Fact
o Trustee
o Guardian or Conservator
o Other'
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Number of Pages:
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Signer's Name:
o Individuai
o Corporate' Officer
Title(s):
o Partner.- 0 Limited 0 General
o AlIorney'in,Fact
o Trustee
o Guardian.or Conservator
o Other'
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Top of thumb here
Signer Is Representing:
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RIGHT THUMBPRINT
. OF SIGNER""'--
Top 01 thumb here
Signer Is Representing:
@ 1994 National Notary Association,. 8236 Remmel Ave.,P.Q. Box 7184. Canoga P.ark, CA 91309-7164
Prod. No. 5907
Reorder: Call Toll-Free '-800-876-6827
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.LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Diego,
and is described as follows:
Lot 40 of the City of Poway Tract No 85-04 Unit 1, in the City of Poway, County of San
Diego, State of California, according to Map thereof No, 11742, filed in the office of the
County Recorder of San Diego County, March 9, 1987
Exhibit A
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4029
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REsoLuTION NO p_99-14
A RE:SOLUTioN QFTHE CITY COUNCIL
OF'THE'CITY OF POWAX"CALlFORNIA
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.A:PPROVING MINOR CONDITIONAL USE PERMIT 98-04
ASSESSOR!S PARCEL NUMBER 317"223-06
WHEREAS, Minor 'Conditional Use Permit98~04,submitted by Airline Interiors
request approvaLto temporarily place a seatainerin,the,sideloading areaofthe,building
located at 12325 KerrariStreetwlthinthe South Poway Planned Community zone, The
land use designation ofth,e pro(5erty is Light Industrial, and
WHEREAS; ,on February'16, 1999, the CitytCouncil held a duly advertised public
hearing to obtain testimony both' pro and con on llie .aboye. described item,
WHEREAS, pursuant to Government C6d~ ;~ection 66020(d)(1), NOTICE IS
FURTHER GIVEN thatthe 90-day period to protest the imposition of any fee,dedication,
reserv?tion, or'other exaction described in this resolution begins on the effective date of
this resolution and any such protestmust be in a manner.that complies with Section 66020
NOW, THE.REFORE,;t8e City Council does hereby resolve as follows:
Section 1, Environmerital FindinQs:
The City Council finds that the previously certified, Firial. EIR and Final Subsequent
EIR for the Southf?oway Specific Plan ad,equately address the potential
environmental impacts ofthe proposed development.
Section 2: Findings:.
1 The projectis;'consistent withthe'southPbway'Specific Plan and the Poway
General. pian iri that seatainers are permitted on lots having the Light
;In.clu~trigl.land use.designation.in the;South,Poway Planned Community'zone
with the approvaTof'a minor conditional use permit.
2, That the.location, size an'ddesign.and operating characteristicsofthe use
will be cOmpatible with and wiil not adversely affect or be materially
detrimental to adjacent uses, residerits, .buildings, structures, or natural
resources, inthatthe seatainer is,'~etback considerably from the"street and
thefrontofthe building, thereby limiting:the visibility of the structure,
3 That the scale, bulk, coverage and density is consistent with adjacent uses.
in that the accessory structure is subordinate in size to the primary building
and similar accessory equipment .exists in the loading dock area of the
adjacent building,
~)(t+1 BIT B
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Resolution No. P- 99-14
Page 2
4 Thatthereiareavailable publicJacilities, services and utilities to serve. the use
i.n tliaUhe site is completely developed and is served by existing public
facilities and utilities.
5, That there, will not be a harmful effect upon desirable neighborhood
characteristics ,in that the structure is setback considerably from Kerran
Street and the front of the building to limit visibility.
6 That the generation oftrafficof Airline Interiors will not adversely impact the
surrounding streets and/or the City's Circulation Element can be readily
handled by 'the existing roadways without impacting the existing level of
service
7 That the site is sLiitable forthe'type and intensity of use and. development
proposed in tharthe'"site is in an areadesigriated for light industrial use and'
the seatainer'is..'an,accessorystructUre fp('a pe'rtnitted manufacturing use.
8 That there will not be significant harmful effec;sl!pon the environmental
quality and natural resources in that the seata.iner is located on a developed
site,
9 That there are no,other relevant impacts' of the proposed use that cannot be
mitigated
10 That the impacts. ,as described above, and the location of the seatainer will
not adversely affect the City of Pow$y GeD~ral Plan fof'future as well as
present development; in that the Poway Municipal Code and the South
Poway Specific Plan allows the placemen,tof seatainers at this location with
the.,approval ofaminorconditional use permit
Section 3,Gitv Council Decision:
The City Council hereby approves Minor Conditional Use Permit 98-04 subject to the
following conditions:
1. Within 30 days of approval, (a) the applicant shall submit in writing that all
conditions ,of approval have been read and understood, (b}the property owner shall
execute a Covenant on Real Property
2, The use con'ditionally granted by this permit shall not be conducted in such a
manner as to interfe,re with the reasonable use and enjoyment of surrounding
industrial andcomtnercial uses,
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Resolution No, P-99-14
Page 3
3, This conditional use permit shall be subject to .annual review by the Director of
Plaririing 'Services for compliancewithlhe.'conditions of approval and to address
ccin.c:etris that rnay have occurred during the past year If the permit is not in
compliance with the cbnditiQns of approval,. or the Planning Services Department
has received complairits; the required annual revrewshall be set for a public hearing
before the City Council, to consider modification of,the use permit.
COMPLlANCEWITHTHE FOLLOWING CONDITIONS IS REQUIRED, COMPLIANCE
SHALL BE APPROVED BYTHE DEPARTMENT OF PLANNING SERVICES,
SITE DEVELOPMENT
1 Site shall jJe developed in accordance with the approved site plans on file in the
Planning Services Department and the conditions contained herein,
2, Revised site plans and building elevations incorporating all conditions of approval
shall be submitted to the PlcUlning Services Department prior to issuance of building
permits,
3, Approval of this reql:Jest shalL not waive complian<::ewith all sections ofthe Zoning
Ordinance and all other applicable City Ordinances in effect at the time of building
permit issuance.
4 Priotto any use ofthe project site or business activity being commenced thereof,
all cond[tionsof approval contained herein shall be completed to the satisfaction of
the DirectoFof Planning Services,
5 The applicant shall cOrnplywith the latest adopted Uniform Building Code, Uniform
Mechanical Code, L!niform Plumbing Code, NatiQn(jJ Electric Code, Uniform Fire
Code, and all other applicable codes and ordinances in effect at the time of building
permiUssuance,
6, The applicant shall obtain the necessary building approvals and permits for the
seatainer and, the compressor equipment frorn:the Building Services Department
within 30 daysoftheapprovalo(MGUP 98-04
7 The exterior of the seatainer shall be paihted a. color to match the exterior of the
Airline Interiors building within 30 daysofthe'approval of MCUP 98-04
8, The approval of MCUP 98-04 shall expire on August 1, 2000. Onor before said
expiration date, the seatainer shall be removed from the site to the satisfaction of
the Plariningand Building Services Departments.
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~olution No,P- 99-14
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COMPLIANCE WITH THE,FOI.LOWINGCONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE ApPROVED BY THE DEPARTMENnj'F'SAFETY SERVICES,
1 4A60B,C. Fire Extinguisher sheW be provided within the seatainer
COMPUANCi:WITH THE;FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT'OF ENGINEERING SERVICES,
1, A right-of-way. permit shall be obtained from the City's Engineering Services
Departmentforany wblMo be done within the'public street right-of-way or any City-
held easement. SarCl work shall include, .bUt is not limited to, construction of
driveway approach;,sewer lateral installation, water service line installation, and
street construction.
ApPROVED and ADQPTED by the City. C6ur]cil of the, City of Poway, .State. of
California, this 16th of FebruarY 1999
COUNTY OF SAN DIEGO
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I hereby Mil!lltaelclib . 1. 1ilfl,1
perjury, that the obo ond
foregoing, is o true ond.corr ct co
01 Resolu~on .No. f-q _ .'
as adopted ,by. the City'.Council of
Poway..Coiifornio,on the /11 A-t;
day of 1~ ,19U-,
LORI ANNE PEO LES. CI1Y CLERK
~~ ON.A,G~k
ATTEST"
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Lor Anne Peoples, City
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STATE OF CALIFORNIA
I, Lori Anne Peoples, CityCler~ of the City of Po way, do hereby certify, under the
penalty of perjury; that the foregoing:ResoILition,No, P-99..,14 , was duly adopted
by the City CounCil at a meeting of said City. Council held on the 1 t;t-h day of
'Februar,v , 19'99, andthatitwas"so adoptedbyJhe following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES NONE
ABSTAIN' NONE
ABSENT: HIGGINSON
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Lon . ne Peoples, City Cle k
CitYQf Poway
N:IPLANNI NGIREPORTlMCUP9804,RES