Covenant Regarding Real Property 1997-0184150
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~ECORDING REQUEST BY:
crtr'6F,POWA Y
WHEN RECORDED'MAIL'TO:
,CiTY C!-E-RK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
Na'Transfer Tax Due
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.22-APR-1997 11:23 AM
OFFICIAL RECORDS
SAM DIEGO COUNTYRECORDER',5'mICE
GREGORY SMITH, COUMTY,RECOROER
RF: 12; 00 FEES:
AF: 15.00
MF: 1. 00
28,00
(This space'far Recarder's Use)
COVENANT REGARDING REAL PROPERTY
Tech Business Center LLC,A California Limited LiabiiityCampany("OWNER" hereinafter) is the
awner af real property descrlbed,in.ExhibitA which'is attached hereta.and.made a part hereat.and which
is,commonly knawn as Assessar:s Parcel Numb-er 3J7-271-18&19 ("PROPERTY" hereinafter), In
cansideration;,<itJheappraval ofoEoyiranmental Assessment and'Canditional Use Perrnit 97-02, by the City
af Paway("CITY" ,hereinafter), OWNER hereby agrees to. abide by canditians of the attached resolution
(ExhibitB),
This €avenant,shall run'With,the laM'and;bebinding upon and;inlJriJito,the benefiF6f!the'future
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owners. encumbrancers, successors, heirs, personal representatives, transferees'and assigns af the
respective parties,
In theeyent'thatiEnvironmentarAssessment andConditianal, Use Permit 97-02 expires or is
rescinded by City, Council at the request of the OWNER, CIl7Y shallex'punge'this Covenant from the
recard titieof the PROPERTY
In the eventaf litigatian to. enfo.rce the provisio.ns af this Covenant, the prevailing party shall be
entitled to full r!'Jiml5ursementof all costs, including reasonable attorneys"fees; from,the other party
TEGlBUSINE CENTER LLC
By Techbil "struction Corp,
Dated:April 8,,] 997
Dated:~ ' \ - ~
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/""Tech Busihe' ,n r LLC, A €aliforma Limitecl Liability
Company,o. NE(Notanze) ".,'" ~'- n~, -, - : "'
By: ,Techbilt Construction Corp. ,Paul K. Tchang"
CITY OFPOWAY , President
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CALIFORNIA
1465
ALL-PURPOSE
ACKNOWLEDGEMENT
ST A TE OF l ALlFURNIA
COUNT'YOF San b'ieqo
On April 8, 1997
DATE,
before me, Susan E. Eubank, Notary Public
NAME, TITLE OF OFFICER~ E,G.. "JANE DOE, NOTARY PUBLIC"
personally appeared, Paul K. Tchang
personally known to me (or proved tome,on the basis of satisfactory evidence) to be theperson(s)
whose name(s) is/are subsc~ribed to the ,within instrument and acknowledged to rTle that he/s,he/
they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature{s),on theinst~umenttheperson(s), or the entity, upon he half of which the person(s) acted,
executed the instrument.
J~~'d dU
/ N0TAR~UBu0SIGNATURE -
SusanE, Eubn
~m, "05'64'
NOTARY 1'Ulll./C ,CA\.IF "
11M lll&GO CCIUlnY
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WITNESS my hand and official seal.
(SEAL)
OPTIONAL INFORMATION
fV\;.!~1;::;,,:,:~~~J!!-:
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TITLE OR TYPE OF DOCUMENT Covenant Regarding Real Property (Tech Business Center LtC)
DATE OF DOCUMENT April8,1997
NUMBEROF PAGES
1+ EXhibit "A"
SIGNER(Sl OTHER-THAN NAMED,ABOVE
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LEGAL DESCR1PTION
1466
THE LAND REFERRED TO HEREIN IS SITUATED "IN THE STATE OF CALIFORNIA,
COUNTY OFSAN'DIEGO,AND IS DESCRIBED AS FOLLOWS:
LOTS 18 AND 19, OF CITY OF POWAY TRACT 86-02R(1) POWAY CORPORATE
CENTER UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO., 12853, FILED IN THE OFFI€E 'OF
THE COuNTY RECORDER OF SAN DIEGO dOqNTY, AUGUST 19, 1991.
EXHIBIT A
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RESOLUTION NO P-97d7
A RESOLUTION OF THE CITY C'OUNCIL
OFT:HE CiTy OF POWAY, CALIFORNIA
APPR8VING CONDITIONAL USE PERMIT 97-02
ASSE.SSOR'S PARCEL NUMBER 317-271-18,19
1467
WHEREAS, Conditional Use Permit 97"02 submitted by-Ballard Power Corporation,
Applicant, for the purpose of establishing a manufacturing facility for the assembly of
alternative fuel cells. The property is located at 12190 Tech Center Drive, in the South
Poway Planned Community; and
WHEREAS, the City Gouncil has read and considered the staff report ahdhas
considered other evidence presented at a public hearing held on April 1, 1997
NOW, THEREFORE, the City Council does he'rebyresolve asfbll6Ws:
Section 1, Environmental Findinas:
Issuance of a Negative Declaration (indicating'no significant adverse environmental
,impacts anticipated ,because mitigation measures'wilLbe required which will reduce
t~e impacts to a level ofinsignificance) is recommended. Conditions of approval
which are mitigation: requirements are designated by *
Section 2: Findings:
1 ThaUhe location",size"design, and operating characteristics of the approved
use will be compatible with and will not adversely affect or be rnaterially
detrimental to adjacent uses, residents, buildings, structures, or natural
resources, in that best managemenlpracticesconsistent with the technical
report, and annuai inspections by regulating bodies will be required
2. That the harmony in scale, bulk, coverage, and density is consistent with
?cljClQ.~I1J !,lses, ,in that there isanexisting building which will be utilized for
the 'manufacturing process.
3 That there are public facilities, services, and utilities available to this
business,
4 That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the property will be improved to the South Poway
Development standards.
5 That the generation of traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element. No significant traffic will be
generated by the production facility, One fuel. deliveryirip,every 2-4 weeks
is,antiCipated.
EXHIBIT B
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1468
Resolution No. P-97-17
Page 2
6 That the site is suitable 'for the type and intensity of use or development
which is proposed, in,that it is an industrial production facility which is sited
on property within an 'industrial park.
7. That there will not be significant harmful effects upon environmental quality
and natural resources because a condition of approval and of contirllJing
operation will, be the ,adoption and continued use of best management
!'lractiCl~s which will be monit:-redanda c[J!11pli",.,ce r',port nhf'O!ir>edannu3l!y
8, That there are nootherrelevant negative impactsoflhe.proposed use t~,at
cannot,be mitigated.
9 The proposed usewill not ,adversely affectthe City of PowayGeneral Plan
fc5rfuture as well as present development.
Section 3, City Council Becision:
The City Council ,hereby approves Conditional Use Permit 97-02 subject to
the following conditions:
Within 30 days ofapRroval, (1) the applicant shall submit in writing that all
conditions ofapproval:havebeen read and understood; and (2) the property
owner shall execute ai:Covenaht on Real Ptoperty
COMPLlANCEWITH THE FOLLOWINGiCOND!TIONSJS R.EQUIRED. COMPLIANCE
SHALL BE APPROVED BYTHE DEPARTMENT OF pLANNING SERVICES.
SITE DEVELOPMENT
1. The appropriate Buildihg Department approvais and'fees shall'bereceived' prior to
initiation of construction.
2. The applicant shall comply with the latest adopted Uniform Building Code and all
otherapplicable codes and ordinances at the time of building permit issuance.
3. Conditiohaluse permits shall be subject to annual review by the Director of Planning
Services for compliahcewith the conditions.ofapproval and, to address concerns
that may have occurred"durihg the past year If the permit is not in compliance with
theconcjitions of approval, or the Planning Services Department has received
complqirits,the required ~mnual reView shall.beset fora public hearing before the
CityCoUneil, ,to consider modificationiorrevocationofthe use permit.
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1469
Resplution No P-97 -17
Page 3
4 The use conditionally granted by these permits shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
industrial, commercial or recreational uses.
5. This approval shall become null and void if building permits are not issued for this
project within two years from the date of project approval.
'LANDSCAPING
1, A detailea landscape and irrigation plan,shall be submitted toand approved by'the,
Department of Planning' Services prior to the issuance of building permits, This is
a separate plan check'and should not be submitted with the building plan set. Plan
check fees shall be paid at the established rate.
2, Existing on-site shrubs and vegetation shallbe.retained wherever possible.
3. Lands,caping shall be installed prior to building permit final for the equipment and
tenant improvements.
4. All landscaped areas;shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debriS.
,COMPliIANCEWITH THE f=OlL0)VING COlllDITIQN~,IS"R.EQUIRED. CpMPUANCE
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SHALL BE APPROVED BY THE DEPARTMENT OF EN,GINEERING SERVICES.
1 A public right"of-way permit must be 6btainedf6rany work on public street/road.
The associated fee is $150
2, A,$500 fee for engineering inspection is required for the pavement of driveway and
street curb cut.
C0MPLlANCEWITH THE F0LLOWIN~ CONDITIONSIISREQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES,
1. The bl:ijlding shall display their numeric address in a manner visible from the access
street. Mir;)imumsizeof the building numbers shall be 18 inches on the front facade
ofth~bUilding Building address shall alsQ,be displayed on the roof ina manner
satisfactory to the Director of Safety Ser"ices, and meeting -Sheriff Department
ASTREA criteria.
2. Every biJilding hereafler c~>nstructe9 shall be acq'1ssiqle tg Fire Department
apparatus by way,ofaccess roadways with aH"weathel"driving surface of not less
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Resolution No P-97-17
Page 4
than 20 feet of unobstructed width, with adequate roadway turning radius capable
of supporting the imposed loads of fire apparatus having a minimum of 13'6" of
vertical clearance. The road surface type shall be approved by the City Engineer,
pursuant to the City of Po way Municipal Code.
3. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes'
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with appropriate signs and curb markings.
4 Minimum 4A:60BC fire extinguisher required .for every 3,000 square feetanct 75'
travel distance. A 2A10BC fire extinguisher(s) are1re(wired for office areas every
3,000 square feet and 75' of travel distance.
5 The addition of on-site fire hydrants is required. The location ofthe hydrants shall
be determined by the City Fire'Marshal.
6.* Ma'terial Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building.
7. An EmergencyContir)gencyPlanand Hazardous Materials Disclosure shall be filed
with the County of San Diego Department of Health and copies provided to the
Poway Fire Department.
8.~ N F PA_ Standard 704, Hazardous Materials I abeling, shall be provided as
necessary throughout the building.
9 . Strict compliance with the installation and operations, criteria of the technical report
submitted by MaryErikson~Rattan on February 10,1997, shall be adhered to, as
well as NFPA 50A.
10,. Relocate fire hyaranttb ribrthbfthe driveway on thewestsideofthevacant;parcel,
11.* The facility is to be subject to an annual, inspection by the authority having
jurisdiction (AHJ) or a private entity selected by the Poway Fire Department to
ensure compliance with the Uniform Fire Code.
12. The impacts of newly installed interior walls upon the fire sprinkler system shall be
as~essed:by a.sprinkler contractor. Where:changes are,deemednecessary, plans
shallbe drafted8nd submitted for approval prio(to installation,
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1471
Resolution No P-97 -17
Page 5
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 1 st day of April, 1997
/L:)~
Don Higginso ayor
ATTEST
STATE OF CALIFORNIA
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I hereby certify, undenhe penalty
of periury, that ,the-above and
foregoing i~ "'a~'~ true a~d-:';.corred
copy 0\ Res8luli~n Not- "1'l-/7,
as adopted by the. City Council of
Poway, california on th~ 1.<5;1-
dayo\~,19~.
MARJO;t K,~ w ~HLSTE , ,,\tY CLERK
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,Wahlsten, City Clerk
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten; City Clerk of the City of Po way, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P"97" 17 , was duly adopted
by the City Council at a meeting of said City Council held on the 1st day of
Apri 1 , 1997, and that it was so adopted by the following vote:
AYES
CAFAGNA, EMERY, GOLDBY, REXFORD., HiGGINSON
NOES
NONE
ABSTAIN.
NONE
ABSENT
NONE
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I L'1U O,./iC8'b..,..
, Wahlsteh, City Clerk
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