Covenant Regarding Real Property 1999-0024213
I:\~ -- ... . DOC. 1999~OO24213
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'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In the event that Conditional Use Permit98-06 expires or is rescinded by City Council at the request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~
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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
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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
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EXHIBIT B
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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.
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Resolution No. P- 98-68
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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
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Resolution No P- 98- 68
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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.
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.Solution No
Page 4
P- 98- 68
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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;
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. Lori AnnePelOples, City CI rk
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STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
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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
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Lori Anne Peoples, City Cle
City of Poway