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Covenant Regarding Real Property 1999-0024213 I:\~ -- ... . DOC. 1999~OO24213 ",. " 2947 , ',p .. j ; 'RECORDING REQUEST BY' ) JAN 1.5, 1.999 8:1.0 AM ) CITY OF POWAY ) . OFFICIAl REClIRDS ) ,SAN DIEGO (WHY RElXlRDER'S OFFICE WHEN RECORDED MAIL TO: ) GRffiJRV J. SIIITH. IIDffi' REL'lIRDER ) FEES: 28.00 CITY CLERK ) CITY OF POWAY ) POBOX 789 ) ,,";, 'p." ", R...JIIII'I"mlll~. POWAY CA 92074-0789 ) ) NoTransfefTax Due ) COVENANT REGARDING REAL PROPERTY Jach Realty II, Limited Liability Company ("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 317-810-22 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 98-06 by the City of Po way ("CITY" hereinafter), OWNERhereby agrees to abide by conditions of the attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon Olnd inure to the benefit of theJuture owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respedive parties. In the event that Conditional Use Permit98-06 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to enforce the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 reasonaOl orn s' fees, from the other party Dated: VI ~ 16 -q~ . "" / CITY OF POWAY Dated: 12-8-98 By' ~II.~ Vy - d~ CALi;ORNIA ALL.PURPO.ACKNOWLEDGMENT 2 Gd l'foVY)'1I~ State of County of /r 'r before me, '=- ~V C5'rY\~-j1. 6~drdiff~l~ 000 Not'~ P blio') Name(s)ofSigner(s) U ~erSOnailY known to me o proved to me on the basis of satisfactory evidence On personally appeared ~i.~m~:~:;.-' ~ ,..; Notory puolie . Califanla ~ ~ son ;)iego County i /llyO:r.1M.~.l\Ugl2.ZXXl - - - - - - - - _.- - - to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the information below is not required by law, 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 Document Titie or Type of Document: Co\/e noli t 1z.I~q~ € 12-/1(,/'11 Document Date: ~Of)dl~ RuJ P(!JfVl~ Number of Pages: 7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -1tyO(he,. A GI'ld~ o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator R Other' CJW~ Top of thumb here 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 thumb here Signer Is Representing: 1? lIon beh",l-ro F 1a.cyt_KeoJi-y II Signer Is Representing: @1996NationaINotaryAssociation'8236RemmetAve., P,O. Box 7184' Canoga Park, CA91309-7184 Prod. No. 5907 Reorder: Call Toll Free 1-800-876-6827 " . L 2949 . EXHIBI:T A Lot 49 and a portion of Lot 48 of City of Poway Tract 87-13 Unit 1, according to Map 'thelCeof No. 12556, filed in the Office of the County Recorder of San Diego County on February 8, 1990, in the City of Poway, County of San Diego, State of California, being described as follows: Beginning at a point on the North boundary of said Lot 48 distant thereon South 87010' l.7"East 53.94 feet from the Northwest corner thereof; thence leaving said boundary South 01000' 16"West 307.71 feet to a point in the Southerly boundary of said Lot 48 and the TRUE PDINT OF BEGINNING, said point being a point on a 394.50 foot radius curve concave Southwesterly, the radial to said point bears North 31013' 02"East thence retrac ing the a forement ioned course North 0I000'16"East 307_71 feet; thence along the boundary of said Lots 48 and 49 as follows, South 87010' 1.7 "East 71.90 feet to the beginning of a tangent 617.50 foot radius curve concave Southwesterly; thence Southeasterly along said curve through an angle of 31019'39" a distance of 337.63 feet to the Northeast corner of said Lot 49; thence continuing along said boundary South 46028' 20"West 408.65 feet to the Southeast corner thereof and a point in a 394.50 foot radius curve concave Southwesterly, the radial to said point bears North 49051'50"East; thence Westerly along said curve and said boundary through an angle of 18038'48" a distance of 128.39 feet to the TRUE POINT OF BEGINNING. Containing 2.143 Acres, more or less 7' . 2950 EXHIBIT B . , RESOLUTiON NO. pc 98- 68 A RESOLUTION OF TRE CrTY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 98-06 ASSESSOR'S PARCEL NUMBER317-810-22 WHEREAS, Conditional Use Permit 98-06, submitted by Charles Jackson/Poway Sports Management requests approval to operate a volleyball recreational facility within an existing building located at 13955 Stowe Drive within the South Poway Planned Community zone. The land use designation of the property is Light Industrial; and WHEREAS, on December 8, 1998, the City Council held a duly advertised public hearing to obtain testimony both pro and con on the above described item. WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication, reservation, or other exaction described in this resolution bE;lgins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020 NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinqs: The City Council finds that the previously certified Final EIR and Final Subsequent EIR for the South Poway SpeCific Plan adequately address the potential environmental impacts of the proposed development. Section 2: Findings: 1. The project is consistent with the South Poway Specific Plan and the' Poway General Plan in that new recreational facilities are permitted within the Light Industrial land use designation of the South Poway Planned Community zone with the approval of a conditional use permit. 2. That the location, size and design and operating characteristics of the use 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 use will locate within an existing industrial building and the majority of the peak use of the facility will be off-set from the regular peak hours of the South Poway Business Park. 3 'That the scale, bulk, coverage and density is consistent with adjacent uses, in that the use will be located within an existing building and the use of the facility is on an appointment basis. i; . 2951 . Resolution No. P- 98-68 Page 2 4, That there are available public facilities, services and utilities to serve the park in that the 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 use will be located within an existing building. 6. That the generation of traffic will not adversely impact the surrounding streets and/or the CiWs, Circulation Element in thaHhetraffic volumes generated by the use can be readily handled by the existing roadways without impacting the existing level.of service. 7 That the site is ,suitable for the type and. intensity of use and development proposed in thatthe site is in an area designated for light industrial use and the facility will be operated on an appointment basis. 8. That there will not be significant harmful effects upon the environmental quality and natural resources, in that the use will be contained within an existing building on a fully developed site. 9 That there are no otherrelevant impacts ofthe proposed use that cannot be mitigated. 10 That the impacts;.as described above, and the location of the proposed park will not'adversely affect the City of PowayGeneral Plan for future as well as present development, in that the South Poway Specific Plan allows recreational use at this location with the approval of a conditional use permit. Section 3. City Council Decision: The City Council hereby approves Conditional Use Permit 98-06 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 conditionally granted by this PE1rmit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding industrial and commerCial uses, 3. Thi!3 conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address ., . 2952 . Resolution No P- 98- 68 Page 3 concerns that may have occurred during the past year If the permit is not in compliance with the conditions of approval, or the Planning Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification of the use permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE DEVELOPMENT 1 Site shall be 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 Planning Services Department prior to issuance ofbuilding permits. 3. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4 Prior to any use of the project site or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 5 The applicant shall comply with the latest adopted Uniform.Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinahces in effect at the time of building permit issuance. 6 The applicant shall establish shared parking arrangements with adjacent property owners to insure adequate off-street parking for tournament events held at the facility. Written documentation of these, a~rangements shall be provided to the Planning Services Department prior to the first tournament being scheduled at the facility LANDSCAPE IMPROVEMENTS 1. All landscaped a'reas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public'safety. Unnatural or excessive pruning, including topping, is not permitted. , . 2953 .Solution No Page 4 P- 98- 68 7' '-:.' - SIGNS Any signs proposed for this development shall be des.igned and approved in conformance with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED'BY THE DEPARTMENT OF SAFETY SERVICES. 1 If modifications to the existing fire sprinkler system need to be made, plans must be submitted,to'and"approved by the fire department before the modifications are made. 2. The range in the kitchen;is required to have a hood and duct fire protection system. Plans must be submitted to and approved by the tire department before theisystem is installed. 3 A fire alarm systemiHequired 4 Fire extinguishers shall be distributed as follows: 1 st Floor: (11)'2A 1 OBC Fire extinguishers Mezzanine: (2) 21\10BC Fire extinguishers Kitchen. (1) 2A 10BC Fire extinguisher 5. Provide any required k~ys for the Knox security box. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 8th day 6fDecernber 1998. hereby certify under the penalty of perjury that tho above and foregoing is a true cr Id correct copy of Resolution NoP- 9'f-~p , os adopted by Ihe City Council of Poway California on the :rd daYOfl!tA'~ . 19~ LORI ANNE PEOPLEglTY CLERK b/~~CL.. hf)~ ATTEST; ~ Q^~^ ,Q1:~ . Lori AnnePelOples, City CI rk J' .' . STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) 2954 aolution No. P- 98-68 Page 5 I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of pe~ury, that the foregoing Resolution, No. P-98- .68 , was duly adopted by the City Council at a meeting of said City Council helg on the 8th day of December , 1998, and that it was so adopted by the following vote. AYES EMERY. GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSTAIN NONE ABSENT: NONE c;:ir~ O~/Q~~~ Lori Anne Peoples, City Cle City of Poway