Covenant Regarding Real Property 1997-0583967
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, RECORDING REQUEST BY: ) OFFICIAL RECOROS
) SAN OIEGO COUNTY RECORDER'S OFFICE
CITY OF POWAY ) GREGORY J. SMITH, COUNTY RECORDER
) FEES: 22. 00
WHEN RECORDED MAIL TO: )
) '( 480
CITY CLERK ) 11I111111111111111111I111~Jm~1111111111111111111111111
CITY OF POWAY ) l
POBOX 789 )
POWAY CA 92074-0789 )
)
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Poway-Nierman Limited Partnersl'ip ("OWNERs' 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 317-153-24 ("PROPERTY" hereinafter). In consideration of the approval of Minor Conditional
Use Permit 94-02M by the City of Poway ("CITY" hereinafter), OWNERs hereby agrees to abide by conditions
of the attached resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties,
In the event that Minor Conditional Use Permit 94-02M expires or is rescinded by City Council at the
request of the OWNERs, CITY shall expunge this Covenant from the record title of the PROPERTY.
If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party
shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party.
The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this
Covenant against OWNERs,
Dated: /0 - 3tJ -7 7
C-c>v~ r.-v"<J
vfay - Nierman Limited Partnership, OWNER
I otarize)
CITY OF POWAY
Dated:
S' - 1;),- q"7
By:
71L W: 'U -d~
Director of p~ing Services
~ 'CA~IFORNIA ALL.PURPO~ ACKNOWLEDGMENT ·
State of
481
{! aU{n"nia
(' IrA. ,
aan :L.JLE-fjO
On ~vh~ 3D 11f1J-
Date
personally appeared J\I\1.-too J'I't
County of
before me, ~ t(. P~I<..A>Q. No
Name and Title of Officer (e.g., -Jane
rJ /Mfi\1. I'W\.. -
Name(s) of Signer(s)
!.kl.-
o personally known to me - OR - c;(proved to me on the basis ,of satisfactory evidence to be the person(,81
whose name(~41liare subscribed to the within instrument
and acknowledged to me that JSi;1shelthey executed the
same inQ'herltheir authorized capacity(i~, and that by
<ijjSlherltheir signature~ on the instrument the perso!XS),
or the entity upon behalf of which the person~ acted,
executed the instrument.
f -. ...'....: '. OFF~CIAL SEA~ ~
_ .' ,BRYCE BARKER t
. .. NOTARY PUBLlC,CALlFORNIA'1l
CaMM. NO. 1111882 :?
SAN DIEGO COUNTY
MY GOMM, EXP. SEPT. 18, 2000
WITNESS my hand and official seal.
/
'3....,-b~ L-
Signature of Notary Public
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
Title or Type of Document: cJlIl-wt63 M. N61f'..1M1M.
Document Date: 10, JO' 1?-
Signer(s) Other Than Named Above: 11,i1r6
Number of Pages:
"Z--
Capacity(ies) Claimed by Signer(s)
Signer's Name: J~:> 1"'. N't:;il-MMt
Signer's Name:
I;;l 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
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
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
C 1994 National Notary Association- 8236 Aemmel Ave., P.O. Boll 7184 . Canoga Par\!., CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-87&-6827
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LEGAL DESCRIPTION
482
PARCEL A:
Parcels 1,2,3 and 4 of Parcel Map No. 13714, in the City of Poway, County of San Diego,
State of Califamia, filed in the Office of the County Recorder of San Diego County, March
12, 1985 as File No. 85-080780 of Official Records.
Exhibit A
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RESOLUTION NO. P- 97 -40 483
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A REQUEST TO EXTEND THE APPROVAL OF A
MODIFICATION TO MINOR CONDITIONAL USE PERMIT 94-02
ASSESSOR'S PARCEL NUMBER 317-153-24
WHEREAS, a request to modify Minor Conditional Use Permit 94-02, submitted by
Dan Caruso, applicant, seeks approval to be able to continue to serve beer at Stix Family
Billiards and extend the hours of operation to 2:00 a.m. on Fridays and Saturdays and
10:00 a.m. to 12 midnight on Sundays. The subject property is located at 12222 Poway
Road, #19 and #20 within the Community Business zone; and
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council finds that this action is not subject to the California Environmental
Quality Act (CEQA).
Section 2: Findinas:
1. That the location, size, design, and operating characteristics of Stix Family
Billiards is in accordance with the title and purpose of this title, the purpose
of the zone in which the site is located, the City General Plan, and the
development policies and standards of the City in that billards halls as
recreational facilities are allowed in commercial zones of the City with the
approval of a minor conditional use permit.
2. That the location, size, design and operating characteristics of Stix Family
Billiards will be compatible and will not have an adverse affect or be
materially detrimental to adjacent uses, residents, buildings, or structures, in
that Stix has developed operational procedures to address security issues
and insure that the use will operate in a manner that is compatible with
surrounding uses.
3. That Stix Family Billiards should not have a harmful effect upon desirable
neighborhood characteristics in that Stix has operated at the subject location
without problems for the past six months. Operational procedures have
been developed to address security issues and the management of on-site
alcohol sales.
4. That the location and operating characteristics of Stix Family Billiards will not
be detrimental to the public health, safety or welfare, or materially injurious
to properties or improvements in the vicinity.
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484
"alution No.
Page 2
P-97-40
5. That there will not be significant harmful effects upon environmental quality
and natural resources in that the use is operating within an existing building
on a fully developed site.
6. That the generation of traffic will not adversely impact the surrounding streets
and/or the City's Circulation Element, in that the use will operate within a
commercial center where existing street improvements and off-street parking
are adequate.
7. That there are no other relevant negative impacts of the use that cannot be
mitigated, in that the use is subject to an annual review and the operation will
be monitored regularly to insure that any unforeseen negative impacts are
addressed.
Section 3: Citv Council Decision:
The City Council hereby approves Minor Conditional Use Permit 94-02M subject to
the following conditions:
1. Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property
owner shall execute a Covenant on Real Property.
2. The use conditionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and commercial uses.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
The applicant shall operate in compliance with all of the conditions of approval listed in
Resolution No. P-94-27 for Minor Conditional Use Permit 94-02.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of August, 1997.
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ATTEST:
Don Higginson, Mayor J hereby certify, under the penally
of periury, that Ihe above and
foregoing is a true and corred
copy of Resolution No," -9'7-41~
as adopted by the Cily Council of . ;'
Poway, California on the I :)a: ,'.'.
day of ~ ' 19.1.f-. :
MARJORIE ~ WAHLS~ Ory ClfRK
bltsf:.9'C~ ~
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: j \. ,L",,"^-'- ..... /\Y(..,~
Marjorie K. Wahlsten, City Clerk
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~I~tian No. P-97-40
485
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Ma~orie K. Wahlsten, City Clerk of the City of Paway, do hereby certify, under the
penalty of pe~ury, that the foregoing Resolution, No. P-97 -40 , was duly adopted
by the City Council at a meeting of said City Council held on the 12th day of
August ,1997, and that it was so adopted by the following vote:
AYES: CAFAGNA, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: GOLDBY
ABSENT: NONE
))..t--"'-'\k ~ XMu.L
Marjorie K. Wahlsten, City Clerk
City of Poway
E:ICITYlPLANNINGIREPORT\MCUP9402.R3