Covenant Regarding Real Property 1997-0034059
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RECORDING REQUEST BY
CITY OFPOWAY
WHEN RECORDED MAIL TO'
CITY CLERK,
CITY OF POWAY
P'O,BOX 789
POWAY'CA92074c0789
No..17ransferTax Due
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08t' # 1997-0034059
27~JAN-l~97 08=44 A~
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER:S OFFICE
GREGORY SMITH, COUNTY RECOROER
RF: 13.00 FEES: 31.00
AF: 17.00
MF: 1.00
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Murrieta Springs Plaza.,alCalif6rnia Limited parinershipC'OWt-JE13" hereinafter) is the owner of real
property described in Exhibit A whitti is';attached tieretoand made a 'part hereoi and which is commonly
known as fossessor's Parcel Nurriber'3H~47},14&15"("PROPERTY".liereinafter). In consideration of the
approval of DevelopmenlRevievy;96'05;by the City of Po way ("CITY" hereinafter), OWNER hereby agrees
t6abide by conditions of the'atia'ched resolution (ExhibitS),
This Covenant shall run with,thedand and be binding.upon.,and.:inure to the, benefit of the future
owners, encumbrancers, successorsiheks, personal representatives, transferees and assigns of the
respetti\ie"parties,
In the evenllhatDevelbpmerilReview 96-05 expires oris rescinded by City Council at the request
of the OWNE'R;,CITY shall expunge ttiis Covenant from the,record title,ofthe PROPERTY
In.the event of litigation:to enforce the provisions of this Covenant. the prevailing party shall be entitled
to full reimbursement of allcosts"including reasonable attorneys' fees, from the other party
Dated:
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Dated:
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Murrieta,SpringsPlaza. a,California Limited' Partnership
OWNER(Notarize)
CITYOF POWAY
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By'
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-,C~d~OR'NIA ALl.PURIPO~ ACKNOWL.EDGMENT
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State of ~\ l ~ <'Y\. \,~
County of a~x....
On \ \\4\~~ before me, ~'~am~~'~;;~:~:;;:~;'NB~~l~cJ,\IC
personally appeared -<:0~ c..~ ~ 6"" 6~ ~
Name(s) of Sigrier(s}
~rSOnalIY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(sY
whose name~'subscribed to the within instrument
and acknowledged to'metha@,Sl:le/ttley executed the
samein~her1their authorized capacity(i9s7~and that by
@nsdtlieirsignatureMon the instrument the person{s);
or the entity upon behalf of which the person(s) acted,
executed the instrument.
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WITNESS my hand and offiCial seal.
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OPTIONAL
Though the information below is not-required bylaw.. it may prove valuable topersons relying on the document and could prevent
fraudufen(reinoval. aridreattachmenf'of this form to anottJ~r document.
Description of Attached Document
Title or Type of Document Cc> ~
Document Date: ~ \ 4- \ "'\ '1
e~'d ~r~~
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name,
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 th-umb here
R1GHTITHUMBPRINT
"OF,SIGNER
o Individuai
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
RIGHT THUMBPRINT
OF. SIGNER
Signer' Is Representing,
Signer Is Representing,
@ jgg4National Notary AssoCiation. 8236 Remmel Ave., PO. Box 71S4 . Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll'Free',1-BOO-B76-6827
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472
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LEGAL DESCRIPTION
PARCEL 1:
THE EAST 150 FEET OF THE NORTH 267 FEET OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP
14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
PARCEL 2 :
A NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS FOR VEHICULAR AND
FOOT TRAFFIC FR0I1 PROPERTY OWNED BY SECTRAS CORPORATION TO POWAY
PLAZA SHOPPING CENTER OVER AND ACROSS THE ,SOUTHERL'i 25 FEET OF THE
NORTHERLY 225 FEET OF THE FJ\STERLY Hl'LF OF THE NORTHE,'\ST Ql;!l\RTER OF
, . , .
THE SOUTHWEST QUARTER OF SECTION l3, TOWNSHIP 14 SOUTH, RANGE 2
WEST, SNI BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF S~~l DIEGO,
STATE OF CALIFORNIA, ACCORDINGLY TO OFF~CIAL PLAT THEREOF.
RESERVING FROM PARCELS 1 DESCRIBED ABOVE 'AN EASE!1ENT FOR STREET,
HIGHWAY AND PUBLIC UTILITY PURPOSES MORE pARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 13; THENCE ,ALONG THE
NORTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 13 NORTH .88~42~,37" WEST 150.02 FEET TO THE WESTERLY LINE
OF SAID EAST 150 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION r3; THENCE ALONG SAID WESTERLY LINE SOUTH
2019'32" WEST 50.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH
75021'55" EAST 26.02 FEET TO A LINE PARALLEL WITH fu~D LYING 56.00
FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES FROM, THE NORTHERLY
LINE OF SAID NORTHEASTgUARTER OF THE SOUrHWEST QUARTER OF SECTION
13; THENCE ALONG SAID PARALLEL LINE SOUTH 88042'37" EAST 48.13 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 25.00 FEET,; 'I'HENCE LEAVING :SAID' PARALLEL,LINE,
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91002'09"
AN ARC LENGTH OF 39.72 FEET TO A LINE PARALLEL WITH fu~D LYING 51.00
FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES FROM, THE E.l\STERLY
LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
13,; THENCE ALONG SAID PARALLEL LINE SOUTH 2019'J2" WEST 185.58 FEET
TO THE SOUTHERLY LINE OF SAID NORTHERLY 267 FEET OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13; THENCE ALONG SAID
SOUTHERLY LINE SOUTH 88042'37" EAST 51.01 FEET TO THE EASTERLY LINE
OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13
THENCE ALONG SAID EASTERLY LINE NORTH 2019']2" EAST 267.04' TO THE
POINT OF BEGINNING.
EXHIBIT A
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473
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RESOLUTION NO. P- 96-47
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DR 96-05
ASSESSOR'S PARCEL NUMBER 317-473-14 and 15
c. .-..,
WHEREAS, Development Review 96-05, was submitted by Hollywood Video,
applicant for approval of the construction of a 7,000 square foot video rental
building located on the southwest corner of Powa} Road and Community Road at
13395 Poway Road, in the Town Center District.
WHEREAS, The City Council of the City of Poway has read and considered said
report and has considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinqs:
The subject project is exempt under the provisions of the Cal ifornia
Environmental Quality Act, Class 2
Section 2: FindinQs:
1. The proposed project is consistent with the General Plan in that
video rental businesses are a permitted land use in the Poway Road
Specific Plan area.
2. That the approved project will not have an adverse aesthetic impact,
health or safety or architecturally rel ated impact upon adjoining
properties in that the design of the building utilizes the rustic
Spanish coloni'al architecture gUide,lines set out in the Poway Road
Specific Plan, for structures located within the Town Center
Di stri ct.
3. That the proposed project encourages the orderly and harmonious
appearance of structures and property within the City in that the
architecture reflects design elements from several nearby commercial
complexes.
Section 3: Citv Council Decision:
The City Council hereby approves Development Review 96-05 subject to the
following conditions:
Within 30 days of approval (1) the applicant shall submit in writing that
a 11 condit ions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
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.
EXHIBIT B
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474
Reso 1 ut i on No. P- 96-47
Page 2
2. Revised site plans and buildin9 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 permit issuance.
4. Trash receptacle shall be enclosed by a six foot high masonry wall with
view-obstruct ing gates pursuant to City standards. Locat ion shall be
subject to approval by the Planning Services Department.
5. All roof appurtenances, including air conditioners, shall be
architecturally integrated, screened from view and sound buffered from
adjacent properties and streets as required by the Planning Services
Department.
6. 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 Planni~g Services.
7 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 buildlng permit issuance.
8. 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.
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one 15 gallon size
tree for every three spaces. For parking lot islands, a minimum 12 inch
wide walk adjacent to parking stalls shall be provided and be separated
from vehicular areas by a six inch high, six inch wide Portland concrete
cement curb.
2 Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and residences.
3. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
4. All parking spaces shall be double striped.
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475
Resolution No P- 96-47
Page 3
LANDSCAPE IMPROVEMENTS
1. Comp 1 ete 1 andscape construct i on documents shall be submi tted to and
approved by the Planni'ng Services Department prior to the issuance of
pu i 1 ding permits. Pl ans shall be prepared in accordance with City of
Poway Guide to Landscape Requirements (latest edition) and the Town Center
Streetscape Improvement Plan.
2. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Requirements shall be
planted at an average of 30 feet on center spacing along all streets.
3. Landscaped areas within the adjacent public right-of-way shall be
permanently and fully maintained by the owner.
4. All landscaped areas shall be maintained in a healthy and thriving
cond it i on, free from weeds, trash, and debri s. The trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees ~nd to protect the publ,ic
safety. Unnatural or excessive pruning, including topping, is not
permitted.
SIGNS
1. Any signs proposed for this development 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.
1. Property drainage systems shall be designed so as not to impact adjoining
properties and are subject to the City's Engineering Services Department
approval.
2. The applicant shall pay a $500.00 inspection fee to the City's Engineering
Services Department prior to building permit issuance. Said fee is to be
used for the City's inspector's time in making necessary inspections of
the project site that are required prior to issuance of said building
permit and/or Certificate of Occupancy.
3. A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the publ ic ri'ght-of-IJay
or any City-held easement. Sa id work shall i ncl ude, but is not 1 i mited
to, construction of driveway approach, sewer lateral installation, water
service line installation and street construction.
4. The following development fees shall be paid to the Engineering Services
Department prior to building permit issuance. These fees are currently in
effect and are subject to change.
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Sewer Connection (3.5 EDU)*
Sewer Cleanout
Sewer Inspection
Water Meter (I" size)
Water Lateral
County Water Authority
Water Base Capacity
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Resolution No. P- 96-47
Page 4
No charge - credit for existing connection
$ 50.00 each cleanout
$ 25.00 each cleanout
$ 270.00*
$1,430.00* (If new lateral is required.)
Developer will be given credit for fees for
a 3/4 inch meter. Developer willpay balance
of fees for meter size actually installed.
Developer will be given credit for fees for
a 3/4 inch meter. Developer will pay balance
of fees for meter size actually installed.
* Based on 1 inch meter size. For another size, please contact
Engineering Services Department
5. Due to that fact that the site was previously developed with a commercial
structure of similar size and intensity, this project has been given
credit for fully paid drainage and traffic mitigation fees.
6. Sidewalks (10) feet in width shall be required on south side of poway
Road
7. All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Department of Engineering
Services.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-] for fire retardant roof covering
materials, per City of Poway Ordinance No. 64.
2. The buildings shall display their numeric address in a manner visible from
the access street. Minimum height of address numbers shall be six inches
on the front facade of the building. Building addresses shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff's Department- ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all-weather driving
surface of not less that 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 Poway Municipal Code.
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477
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Resolution No. P-96-47
Page 5
4. The building will be required to install an approved fire sprinkler system
meeting P.M.C. requirements. The entire system is to be monitored by a
central monitoring agency. System post indicator valves with tamper
switches, also monitored, are to be located by the City Fire Marshal prior
to installation.
5. A 'Knox' Security Key ox shall be required for the building at a location
determined by the City Fire Marshall. A 'Knox" padlock shall be required
for the sprinkler system Post Indicator Valve.
6. Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of
construction and maintained at all times until construction is completed.
7. Permanent access roadways for fire apparatus shall be designated as 'Fire
lanes' with appropriate signs and curb markings.
8 Minimum 2A.10BC fire extinguisher required for every 3,000 square feet and
75' travel distance.
9. The addition of on-site fire hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal.
10. Prior to delivery of combustible building material on site, water and
sewer systems shall satisfactorily pass all required tests and be
connected to the public water and sewer systems. In addition, the first
l)ft of asphalt paving shall be in place to provide adequate, permanent
access for emergency vehicles. The final lift of asphalt shall not be
installed until all other construction activity has been substantially
completed to the satisfaction of the City.
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478
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Resolution No. P-96-47
Page 6
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 2nd day of July 1996.
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Don 199inson, ay6x /'.../
ATTEST:
COUNTY OF SAN DIEGO
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-96-47 , was duly adopted by the City Council at a meeting of said City Council
he 1 d on the 2nd day of Ju ly , 1996, and that it was so adopted
by the followrng-vote:
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I hereby cerlify,~u.nder-th~ p'~,"alty"
of perjury, that !he above~ and
foregoing is ,~a true and ~cO:rrect
copy of Re~0}uti6n. No f-7! -41,
as adopted. by tjie. City Co~niil 01
poway, CaliLornia on lh~ q#
day of !fA_Erf ,19,2L.
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MARJORIE K, WAHLSTENSCITY CLERK
:J~---- /,()\.kv, k
by. \
STATE OF CALIFORNIA
AYES:
NOES:
ABSTAIN'
ABSENT:
CAFAGNA, CALLERY, REXFORD, HIGGINSON
NONE
NONE
EMERY
'J Ii {~J,....". i<' ~)\J(0Iv., L
Marjorl~ K. Wahlsten, City Clerk
City of Poway
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E:\CITY\PLANNINC\REPORT\DR960S.RSO