Covenant Regarding Real Property 1997-0531211
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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ttoc n 1997-0531211
OCT 23. 1997 9=20 AM
OFFICIAL RECOROS
SAH DIEGO COUHTY RECOROER'S OFFICE
GREGORY J. SMITH, COUHTY RECORDER
FEES: 34. 00
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(This space for Recoraer's use)
COVENANT REGARDING REAL PROPERTY
GRACE COMMUNITY CHURCH, a California Non-Profit Religious Corporation("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 317-122-47, 66, 28 ("PROPERTY" hereinafter), In
consideration of the approval of Environmental Assessment and a Modification to Conditional Use Permit 88-
05M(2) by the City of Poway ("CITY" hereinafter), OWNER 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 Environmental Assessment and a Modification to Conditional Use Permit B8-05M(2)
expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from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 reasonable attorneys' fees, from the other party,
Dated: /v-/7-77
Dated:
9-/&- 97
RACE COMMUNITY CHURCH, a California Non-Profit
Religious Corporation
OWNER (Notarize)
CITY OF POWAY
By:
Ht e.", tJ~1J-JJ~Dft
: CAL;FORNIA ALLoPURP& ACKNOWLEDGMENT .
State of CALl FO'RNltJ.
County of ~ U[~O
On I 0 - J 7- c:; '7 before me,
personally appeare:'. ~ ( P-K: c:::, .
72,
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Name and TItle of Officer le.g., "Jane Doe. Notary Public")
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Name(s) of Signer(s)
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I@'UARGARETS'HOSLER I
:: ' COMM. ',060486 n
~ NOTARY PlIllJC.C\lFORNlA 1II
tl. _$4N DIEyq COUNTY n
, My Commission E>cpires -
J' MAY 31,1999 I
o personally known to me - OR - ~roved to me on the basis of satisfactory evidence to be the perso~
whose namet*i~ subscribed to the within instrument
and acknowledged to me that he/~I ,e,'11 ,ey' executed the
same in his/Rl:f.'tAeir authorized capacit~ and that by
his/Rer.'tRsir signature~n the instrument the person'(sl..
or the entity upon behalf of which the perso~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
Title or Type of Document: COVvvt.>,.JJT ~e.5cvJ. I:J
J 0-\)- If'>
/<ev.- I
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1
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: K 112...1::. <;. W0C.t:.480
Signer's Name:
o Individual
~ Corporate Officer
Title(s): Vlc..Z-- fre:5ID'iNl
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
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Lim~ed 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
C 1994 National Notary Association. 6236 Remmel Ave., P.O. Boll 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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LEGAL DES~RIPTION ~CEL#
PARCEL 1:
EXHIBIT A
317-122-28
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THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST
QUARTER; THENCE ALONG THE WESTERLY LINE THEREOF, NORTH 20 51' 20" EAST 337.77
FEET; THENCE SOUTH 880 51' 30" EAST 328.00 FEET TO THE TRUE POINT OF BEGINNING,
SAID POINT BEING IN THE CENTER LINE OF THAT CERTAIN 60.00 FOOT STRIP OF LAND
SHOWN ON RECORD OF SURVEY MAP NO. 3485, AS "EASEMENTS RESERVED FOR RO.^.o";
THENCE ALONG SAID CENTER LINE SOUTH 8 8 0 51' 3 0" EAST 341. 6 5 FEET; THENCE NORTH
10 08' 30" EAST 336.00 FEET; THENCE NORTH 880 51' 30" WEST 331.50 ?EET TO A
POINT ON A LINE THAT BEARS NORTH 20 51' 20" EAST FROM THE TRUE POINT OF
BEGINNING; THENCE SOUTH 20 51' 20" WEST ALONG SAID LINE 336.15 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM THE EASTERLY 150.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST
QUARTER; THENCE ALONG THE WESTERLY LINE THEREOF, NORTH 20 51' 20" EAST 337,77
FEET; THENCE SOUTH 880 51' 30" EAST 328.00 FEET; BEING IN THE CENTER LINE OF
THAT CERTAIN 60.00 FOOT STRIP OF LAND SHOWN ON RECORD OF SURVEY MAP NO. 3485
AS "EASEMENTS RESERVED FOR ROAD"; THENCE ALONG SAID CENTER LINE, SOUTH 880 51'
30" EAST 191.65 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED
TO FRANK SABALA, ET UX, BY DEED RECORDED JULY 2, 1959 IN BOOK 7750, PAGE 130
OF OFFICIAL RECORDS; BEING THE TRUE POINT OF BEGINNING OF THE PROPERTY HEREIN
DESCRIBED; THENCE NORTH ro 08' 30" EAST ALONG THE WEST LINE THEREOF, 230.00
FEET; THENCE NORTH 880 51' 30" WEST 70.00 FEET; THENCE SOUTHERLY IN A, STRAIGHT
LINE A DISTANCE OF 200 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF SAID
"EASEMENTS RESERVED FOR ROAD" DISTANT THEREON 80.00 FEET WESTERLY FROM THE
AFOREMENTIONED SABALA LAND; THENCE CONTINUING SOUTHERLY ALONG THE SOUTHERLY
PROLONGATION OF SAID STRAIGHT LINE 30.00 FEET MORE OR LESS TO THE
AFOREMENTIONED CENTER LINE OF SAID "EASEMENT RESERVED FOR ROAD"; THENCE SOUTH
880 51' 30" EAST ALONG SAID CENTER LINE 80.00 FEET MORE OR LESS TO THE TRUE
POINT OF BEGINNING.
TOGETHER WITH THE WESTERLY 6 FEET OF TP~T PORTION OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST
QUARTER; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 20 51' 20" EAST 337.77
FEET; THENCE SOUTH 880 51' 30" EAST 328.0 FEET, BEING IN THE CENTER LINE OF
THAT CERTAIN 60 FOOT STRIP OF LAND SHOWN ON RECORD OF SURVEY MAP NO. 3485, AS
"EASEMENTS RESERVED FOR ROAD"; THENCE ALONG SAID CENTER LINE SOUTH 3So 51' 30"
EAST 191.65 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO
FRANK SABALE ET UX. BY DEED RECORDED JULY 2, 1959 IN BOOK 7750, PAGE 130 OF
OFFICIAL RECORDS; BEING THE TRUE POINT OF BEGINNING OF THE PROPERTY HEREIN
DESCRIBED; THENCE NORTH 10 OS' 30" EAST ALONG THE WEST LINE THEREOi', 230.00
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FEET; THENCE NORTH 880 51' 30" WEST 70.00 FEET; THENCE SOUTHERLY IN A STRAIGHT
LINE A DISTANCE OF 200 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF SAID
"EASEMENTS RESERVED FOR ROAD" DISTANT THEREON 80.00 FEET WESTERLY FROM THE
AFOREMENTIONED SABALE LAND; THENCE CONTINUING SOUTHERLY ALONG THE SOUTHERLY
PROLONGATION OF SAID STRAIGHT LINE, 30.00 FEET MORE OR LESS TO THE
AFOREMENTIONED CENTER LINE OF SAID "EASEMENTS RESERVED FOR ROAD"; THENCE SOUTH
880 51' 30" EAST ALONG SAID CENTER LINE 80.00 FEET MORE OR LESS TO THE TRUE
POINT OF BEGINNING. SAID WESTERLY 6 FEET BEING MEASURED PARALLEL TO AND 6
FEET DISTANT FROM THE WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY.
PARCEL 2:
AN EASEMENT OVER PARCELS 1 TO 3 INCLUSIVE AS GRANTED TO CLEM G. BERRILL, ET
UX, BY DEED RECORDED J~UARY 12, 1955 IN BOOK 5493, PAGE 470 OF OFFICIAL
RECORDS OF SAN DIEGO COUNTY.
SAID EASEMENTS BEING MORE PARTICULARLY DESCRIBED ON RECORD OF SURVEY NO. 3485
AS "EASEMENTS RESERVED FOR ROAD".
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PRELIMINARY REPO~'
PAGE NO.8'
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LEGAL DESCRIPTION
ORDER NO. 8807014-C
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PARCEL#:317-122-47, 66
PARCEL 1:
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That portion of the Northeast Quart~r of the Northeast Quarter of Section 13,
Township 14 South, Range 2 West, San Bernardino Meridian, in th~ County o! San
Diego, State of California, according to Uni ted States Government Survey
approved September II, 1879, described as follows:
Commencing at the Southwest corner of said Northeast Quarter of the Northeast
Quarter; thence along the Westerly Ilne thereof North 2051'20" East, 337.77
feet to the TRUE POINT OF BEGINNING; thence South 88051 '30" East, 328.0 feet;
thence North 2051'20" East, 184.08 feet; thence Nortb 88051 '30" West, 328.0
feet to the ~esterly Ilne o! said Northeast Quarter of the Northeast Quart~r;
thence South 2051120" West along said West line, 184.08 feet to the TRUE POINT
OF BEGINNING.
PARCEL 2:
The East 100.0 feet of that portion of the Northeast Quarter of the Northeast
Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino
Meridian, in the County of San Diego, State ~f'California according to United
States Government Survey approved September II, 1879, described as follows:
Commencing at the Southwest corner of said Northeast Quarter of the Northeast
Quarter; thence along the Westerly line thereof North 2051 '20" East, 521.85
!e~t to the TRUE POINT OF BEGINNING; thence South 88051'30" East, 328.0 feet;
thence North 2051 '20" East, 152.07 feet; thence North 88051'30'" West, 328.0
feet to the Westerly line of said Northeast Quarter o! the Northeast Quarter;
thence South 2051 '20" West along said West line, 152.07 feet to the TRUE POINT
OF BEGWNING.
PARCEL 3:
An easement OVer Parcels I to 3, inclusive, aa granted to Clem G. Berrill, et
ux, by Deed recorded January 12, 1955 in Book 5493, Page 470 of Official
Records; said easement shall be for the benefit of all present and future
owners, and appurtenant to any portion to any portlon or portions of Lot),
Section 18, Township 14 South, Range 1 West, Lot 4, Section 7, Township 14
South, Range 1 West; and the Northeast Quarter of the Northeast Quarter of
Section 13, Township 14 South, Range 2 West, being more particularly described
on Record of Survey No. 3485, as "Easements Reserved for Road."
Said ~asement is hereby declared to be appurt..ll1lnt to and for the use and
benefi t of the present and future owner or owners of all or any portion o!
Parcels I and 2 above.
5/26/88
eb-258
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7G
RESOLUTION NO. p. 97-49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 88-05M(2)
ASSESSOR'S PARCEL NUMBER 317-122-47,66 and 28
WHEREAS, Conditional Use Permit 88-05M(2),submitted by Grace Community
Church, Applicant, requests approval to allow a church/school playground to be relocated
and expanded onto the recently acquired adjacent property located at 13634 Cynthia Lane
within the Residential Single Family 2 zone; and
WHEREAS, on September 16,1997, the City Council held a hearing on the a~ove
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council finds that the project will not have a significant adverse impact on
the environment and issues a Negative Declaration with Mitigation Measures.
Section 2: Findinas:
1. The approved project is consistent with the General Plan in that a school and
church use is allowed within the Residential Single Family 2 zone with the
approval of a conditional use permit. '
2. That the use location, size, design, and operating characteristics of the
proposed 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 church/school will construct an 8 foot high
sound wall to attenuate playground noise. Grace Community Church and
Cornerstone Christian School have existed on the site for more than 20
years.
3. That the approved project will not have adverse aesthetic, health, safety, or
architecturally related impacts upon adjoining properties, in that the relocated
play area will be screened from adjacent properties by the 8 foot high wall.
4. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the 8 foot high wall will help buffer the relocated play
area from surrounding residential development.
EXHIBIT B
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77
Resolution No. P-97 -49
Page 2
5. That there are public facilities and utilities available to serve the project.
6. That there will not be significant harmful effects upon environmental quality
and natural resources in that the property is already developed,
7. That the generation of traffic will not adversely impact the surrounding streets
and/or the City's Circulation Element in that the school and church have
been in operation on the site for more than 20 years without significant
adverse traffic impact on the area.
8. That there are no other relevant negative impacts of the use that cannot be
mitigated.
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 88-05M(2) 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 uses.
3. This 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 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 or
revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1, The site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the conditions contained herein.
.8 Resolution No. P-97-49
Page 3
2. 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.
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3. 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.
4. According to the Uniform Building Code no building shall be used or occupied, and
no change in the existing occupancy classification of a building or structure or
portion thereof s:;all be made until the building official has issued a certificate of
occupancy. The applicant shall contact the Building Services Department for the
necessary building permits and approvals prior to the use of the former theater
building as a place of assembly for the church or the school.
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. An 8 foot high masonry wall shall be constructed along the northerly property line
from the classroom modulars to the easterly property line. The 8 foot high masonry
wall shall be continued from the northeast corner of the property down the easterly
property line to a point even with the rear wall of the residence on the property
addressed at 13634 Cynthia Lane. Angled backstop style fencing shall be added
to the section of the 8 foot high masonry wall adjacent to the handball courts.
7. A detailed parking lot plan shall be provided to the Planning Services Department
for review and approval prior to the renovation and redesign of the church and
theater parking lots.
8. The material being stored along the east side of the theater shall be removed within
60 days of the approval of this permit.
9. Prior to any use of the project site or business activity being commenced thereon,
all conditions of approval contained herein shall be completed to the satisfaction of
the Director of Planning Services.
10. 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. Parking lot lights shall be shielded low pressure sodium directed downward and
have a maximum height of 18 feet above paved surfaces.
2. All parking spaces shall be double striped. The minimum dimensions for parking
spaces is 18.5' x 8.5'.
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Resolution No. P-97-49
Page 4
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 from and clear at all times
during construction in accordance with Safety Services Department requirements.
LANDSCAPING
1. All landscaped areas shall be maintained in a healthy and thriving conditions, free
from weeds, trash, and debris. The preservation of the trees is encouraged.
Pruning is restricted to maintain the health of the trees and to protect the public
safety. Unnatural or excessive pruning is not permitted.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DIRECTOR OF SAFETY SERVICES.
1. Applicant shall bring structure current to 1994 Uniform Fire Code. Requirements.
This shall include complete tire alarm system, adequate exiting, panic hardware,
flame retardant curtains if applicable. These requirements shall be consistent with
UBC designation(s) E-1 and A-3.
2. A tire inspection shall be required prior to occupancy of the former theater building.
APPROVED and ADOPTED by the City Council of the City of Poway, State of California,
this 16th day of September, 1997.
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Don Higginson, ~or
ATTEST:
'-: i,-.0v\v.<. I-! ')\:tL,!v>t,.,
Marjorie K. Wahlsten, City Clerk
I hereby certify, under the penalty
of periury, that the above and
foregoing is a true and . corred
copy of Resolution Nof..-'?7-lf'1,
as adopted. by the aty Council of
Poway, alifornia on the It Ii.
day of : 19!t-.
MARJORIE K. WAHLSTEN, CITY CLERK
by,caNH -GdP.a
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. Resolution No. P-97-49
Page 5
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahisteil, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P-97 -49 , was duly adopted by the
City Council at a meeting of said City Council held on the 16th day of
September , 1997, and that it was so adopted by the following vote:
AYES:
NOES:
CAFAGNA, GOLDBY. REXFORD, HIGGINSON
NONE
ABSTAIN:
NONE
ABSENT:
EMERY
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Marjorie K. Wahlsten, City Clerk
City of Roway
E:\CITYlPLANNING\REPORnCUP8805M.RES