Covenant Regarding Real Property 1999-0286246
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DOG~ 1999~0286246
/RECORDING REQUEST.BY
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APR 29, 1999 8:24
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(This space for Recorder's Use)
cn'y Of POVjAY
WHEN. RECORDED MAIL TO:
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J.SMITH.COUNTV RECORDER
FEES: . 28.00
C~TYCLERK
~WY"()F POWAY
,POBOX789
POWAYCA 92074-0789
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Tlie'Rector, Wardens'?nif'VestrymenofSl.Bartholomew's Parish inPoway, California, a,California
non'profil.corporatioil ,("OWNER".hereinafter) is the owner of real property descrioed iri ExhioitA which is
aHache(th,er~t'? and madeapart,hEfreof and which is commonlykno"Yna,s.~ssess(lr's Parcel 'Number 275-
510-16 ("PR0p,ERTY" hereinafter). Inconsideration of the apprbvalof Conditional U,sel'ermit88-19(2M)by
the City of :Poway ("CITY" hereinafter), OWNER hereby agrees to abide by eo'iiditions of theatiached
resolution (Exliibit B), '
This Covenant shall Tun-with the land and be binding upon and inure to the benefit of the future
owriers,encumbrancers, successors, heirs, personal repre'sentatives, transferees and assigns of the
,respeCtive ,parties.
In the event that Conditional use Permit 88-19(2M) expires or is rescinded by City,Councii atthe
request of the OWNER, CITY shall expunge this Covenant from, the record iitle oUhe PROPERTY'
Inthe event of litigation to enforce the provisions of this Coveriant,.the preliaiiingparty shall be entitled
tofullireimbursement.of.-all costs, including:reasonable attorneys"fees, from the other party
Dated: Af"; I /S I 1~1.1
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Sl. Bartho:]w's,paiish
OWNER (Notarize)
CITY OF POWAY
Dated: March 31,1999
4~erN. {
By'
AM
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, CALIFOR~IA ALL.PURPclE ACKNOWLEDGMENT ·
C-. A I.-. \ r=e IZ. N , A;-
County of {; f>qJ ~ \ \E &-D
On A~(2.. \ L-- \ q- , Qqc;
Date I
State of
personally appeared
Name(s) of Signer(s)
o personally known to me - OR -\'lfproved to me on the basi~ o~tisfactory evidence to be the person(~)
l ~. whose nameN.!1ai'll subscribed to the t"ithin instrument
and ac~n edged to me th~e/the.v executed the
same i . - thEllMuthorized capacity(i~, and that by
@'~r/th ir signature(S) on the instrument the person(~,
or the entity upon behalf of which the person(s!) acted,
executed the instrument.
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-{I CO:~:;' ~1'M~328 z
~ ....e: Notary Public - California ~
~ San Diego County 1
My Comm. Expires No.1 18. 20ll
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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.
Title or Type of Document:
Description of Attached Document
W "~ANI
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I't2-D p~ry
Number of Pages: 1
Document Date:
Signer{s) Other Than Named Above:
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Capacity(ies) Claimed by Signer(s)
Signer's Name: G~
tJ \ C-.C)LOSr
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Signer's Name:
o Individual
o Corporate Officer
Titie{s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
t'(Other' e\NN~.e. c'W
<;:;T _ g.A~Tl-fDL("'AIi.\.V~
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Signer Is Representing:
TOp of th-umb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in,Fact
o Trustee
D. Guardian or Conservator
D, Other' Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
C 1994 National Notary Association. 8236 Remmel Ave., P.O. Boll. 7184'. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-600-676-6627
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LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OFSAN DIEGO AND IS DESCRIBED AS FOLLOWS
PARCELS 1 AND 2 OF PARCEL MAP NO 12258, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 2,1982 AS FILE/PAGE
NO 82-237020 OF OFFICIALRECORDS
EXHIBIT A
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RESOLUTION NO P- 99-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 88"19(2M)
ASSESSOR'S PARCEL NUMBER 275-510-16
WHEREAS, Notice of Public Hearing has been mailed to all property owners
within 500 feet of the proposed project soliciting comments both pro and con; and
WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN thatthe90-day'period to protest the imposition of any fee, dedication,
reservation, or other exaction described in this resolution begins 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 Findings:
The previously issued Negative Declaration for Conditional Use Permit 88-19 adequately
addresses the potential environmental impacts of the proposed project.
Section 2: Findinas:
1. The proposed project is consistent with the general plan in that it is the
establishment ota necessary community service, namely child care. Semi-
public uses are anticipated to be approved with a conditional use permit.
2. That the location, size, 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 resourc~s, in that
the church and Sunday school use has been in operation on the site for
approximately 30 years without having a significant adverse impact on
surrounding development.
3. That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the proposed use will be established within an
existing structure. The play area will be that used by the Sunday school
classes currently and will be enhanced with additional landscape features in
keeping with the needs of very young children.
4. That there are available public facilities, services, and utilities, because the
use is located within an existing church campuswhere all necessary facilities
are already in place.
EXHIBIT B
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Resolution No, P-99-24
Page. 2
5 That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the use will be operated on a portion of the site which
is significantly separated from adjoining residences and at a grade
significantly lower t~an the closest homes which will help to buffer noise
generated in the play yard.
6. That thegeneration.ciftraffi.c will not adversely impact the surrounding. streets
and/or the City's Transporta.tion Element; in that' the property contains
generous:amounts.of on-site parking whichwill more than adequately satisfy
the needs of the preschool during the work wEiek,
7 That the site is suitable for the type and intensity of the use, in that the
preschool will ,occupy an existingbuildihg on a long-established church
campus.
8. ThaUhere will not.be.~sighificant harmful effe"ts~poh environmental quality
and natural resources, in that the property isfullY'developed.
9 That tl:1ere are no other relevant negative impacts of the development that
cannot be mitigated.
Section 3: City Council DeCision:
The City Council hereby approves Conditional Use Permit 88-19(2M) subject to the
following conditions:
Within 30days.ofapproval (1) the applicant shall submit-in writing.that all conditions
of approval ha~e been readalJd ul1derstood;an(j (2) the property owner shall
execute a CovenantbnReal Property. .
The use conditionally granted, by this permit shall not pe conducted .insuch a
manner as to ihterfere with the reilsonable use andenjoynient of surrounding
residential :uses.
This conditional use permit. shall. b,e~ul:>jed to annual 'revieW by the Director of
Planning SeT')/ices for compliancewitht~e conditions of approval ahdto address
concerns that .may have occurred during the past year If the permit is not in
cOrhpliance1with the conditions of approval, or the Planning Services Department
has:re,ceived.complaints, the required annual reviE3W shall be set for a public hearing
before the City Council, to consider modification or revocation ofthe use permit.
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Resolution No. P- 9 9 - 2 4
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COM~L1ANCE
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 of building
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
permitissuance.
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 Pianning 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 ordinances in effect at the time of building
permit issuance.
6. This approval shallbecome.enull and void if building permits are not issued for this
project within two years from the date.of project approval.
LANDSCAPE IMPROVEMENTS
1 Complete landscape construction documents shall be submitted to and approved
by the Planning Services Departm:ent prior to the issuance of building permits.
Plans shall ,he prepared in accordance with ,Gity of Poway Guide to Landscape
Requirements'(latest edition).
2. A Master Plab of the existing on-site trees shall be provided to the Planning
Services Department prior to the issuance of buildjng permits and prior to grading,
to determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be maintained
in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous
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Resolution No. P- 99- 24
Page 4
trees shall be approved for removal at the discretion of the Planning Services
Department during the review ofthe Master Plan ofe~isting on-site trees. Living
trees which are approved for removal shall be replaced on a tree-for-tree basis as
required by the Planning Services Department.
4 . All landscaped areas 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 protecUhe public.safety. Unnatural or excessive pruning, including topping, is
not permitted.
SIGNS
Any signs proposed for this project shall be designed and approved in conformance
with the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
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A right-of-way permit sh.all be obtained from the City's ~ngineering Services
Departiilentforanywork to be done within the public street right"of-way or any City-
held easement. Said work shall include, but is not limited to, construction of
driveway approach, sewer'lateral installation, water service line installation, and
street construction.
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2. The following development fees shall be paid to the Engineering Services
Department prior to building permit issuance. These fees are currently in effect and
subject to change withoutprior notice.
Sewer Connection Fee
Traffic Mitigation Fee
=$4,94760
=$1,016.40
These'feesl'lre based on up to44 students. Additional fees shall be paid if number
of students is exceeded.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE ApPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. A ful.l fire alarm system is to be installed, with horns, smoke detectors, and pull
statioiJ.s'to be included. Plans must be submitted to and approved by the fire
department' before the system is installed.
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Resolution No P- 99 - 24
Page 5
2. The two new exterior gates shall have panic hardware on them.
3. If the proposed interior wall is to be built, plans shall be submitted and approved
before the wall is built.
4. If the' fire sprinkler system coverage is altered due to construction or demolition,
plans shall submitted to and approved by the fire department before any
modifications are made to correct the coverage.
APPROVED and ADOPTED by the City Council of the City of Poway. State of
California, this 30thaay ot March,; 999
STATE OF CALIFORNIA )
)SS.
COUNTY OFSAN DIEGO)
r I reby certify under the pene;'y of
perjury. that the abovo and
rcregoing is a true a~ correct copy
of Resolution No. r:- q q,..~ J/. .
as adopted by the City Councilor
Poway, California on the ~ o-bt.
daYOf1l;l~ ,19.J..L
LORI )\NNE PEOPLES. TV CLERK
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. p - q q - 24 . was duly
adopted by the City Council ata meeting of said City Council held on the 30 t h
day of Ma rc h , 1999, and that itwas so adopted by the folloWing vote.
f..P
AYES
GOLDBY. HIGGTNSON, REXFORD, CAFAGNA
NOES.
NONE
NONE
ABSTAIN:
ABSENT:
EMERY
D
Lori nne Peoples, City Cle k
City of Poway
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