Covenant Regarding Real Property 1997-0398819
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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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~c n 1997-0398819
AUG 19. 1997 8:53 AM
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OFFICIAL RECOROS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECOROER
FEES: 25.00
COVENANT REGARDING REAL PROPERTY
W.H, Pomerado LLC, A California Limited Liability Company ("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 317-281-15 ("PROPERTY" hereinafter), In consideration of the approval
of Conditional Use Permit 97-06 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In the event that Conditional Use Permit 97-06 expires or is rescinded by City Council at the request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:
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Dated:
8-5-91
m rado LLC, A California Limited Liability,
NER (Notarize)
By:
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LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE' STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 98 OF CITY OF POWAY TRACT 85-04, UNIT 2, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
12572, FILED IN XHE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 28, 1990 AS FILE NO. 90-107515 OF OFFICIAL RECORDS.
Exhibit A
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CALIFORNIA ALL-PURPol ACKNOWLEDGMENT
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County of Sa >Yl ]) " e q 0
g /11 /1l7 before me, S" /1/11 /r:'. ffaH/5/J11. 4/0 Mv..lj?; !,/''c ,
Date f'f- J ~7 and TItle of Ofhcer {e.g" -Jam/Doe, Nota;;:;~
personally appeared TeL. Y'p. V C - rr ~ WJ.1i f1 I? ,
( Name(s) of SigllElr(s)
'qpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personts)
whose name(.s) islare subscribed to the within instrument
and acknowledged to me that he/sl:le4hey executed the
same in hislher/tRciF authorized capacity(ie6), and that by
hislhorltl,,,,, signaturetsf on the instrument the persor:l(s).
or the entity upon behalf of which the persorl\sJ acted,
executed the instrument.
State of
On
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~i @COMM.#I0392821
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. _ . ' Not..., P\bic - CalItcma _
j " ' . SAN DIEGO COUNTY .I
. . Mt Comm. bpireo oc r 25. 1998
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WITNESS my hand and official seal.
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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.
Description of Attached Document
Title or Type of Document: r()Ueh(J wt 1( p_fjtlrdt'H,l <<eal 'ifIJ/"qr6 'j
Document Date: S i J 11 ed [? /1 () jt; 7 Number of Pages: c2
Signer(s) Other Than Named Above: kp. ba I~lr ,'f}h t - Lf) t/ti 5 -t;-b p r
Capacity(ies) Claimed by Signer(s)
Signer's Name: :\ e #rp V C. fJdJniflI;f1
I
o Individual
~ Corporate Officer _ /... I-c.
Title(s): /J1 /? i'>'1 hp y-
O Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer's Name:
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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:
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Top of thumb here
Signer Is Representing:
IJ/';I. PoYIJ eva-dOl /..t.C
{"}ltJI'IPY
Signer Is Representing:
01994 National Notary AS$OCiatiOn. 8236 Remmel Ave., P,O. Bolt 7184. Canoga Pari!., CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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RESOLUTION NO. P- 97-37.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 97-06
ASSESSOR'S PARCEL NUMBER 317-281-15
WHEREAS, Conditional Use Permit 97-06 submitted by Solid Rock Gym, Applicant,
for the purpose of establishing a 10,200 square foot indoor rock climbing gym which will
occupy a portion of the Atlas Transfer and Storage building located at 13026 Stowe Drive
in the South Poway Planned Community; and
WHEREAS, the City Council has read and considered the staff report and has
considered other evidence presented at a public hearing held on August 5,1997.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The issuance of a Negative Declaration (indicating no significant adverse
environmental impacts anticipated) is recommended,
Section 2: Findinas:
1. That the location, size, design, and operating characteristics of the approved
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 there are adjacent recreational uses which are compatible
with and compliment this use.
2. That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, in that there is a previously designed and approved building
which will be utilized for the gym.
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 in that there is adequate on-site
parking provided.
6. That the site is suitable for the type and intensity of use or development
which is proposed, in that it is a recreational use which is permitted as an
accessory use within an industrial park.
EXHIBIT B
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Resolution No. P-97-37
Page 2
7. That there will not be significant harmful effects upon environmental quality'
and natural resources.
8. That there are no other relevant negative impacts of the proposed use that
cannot be mitigated.
9, The proposed use will not adversely affect the City of Poway General Plan
for future as well as present development.
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 97-06 subject to
the following conditions:
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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. The appropriate Building Department approvals and fees shall be received prior to
initiation of construction.
2. The applicant shall comply with the latest adopted Uniform Building Code and all
other applicable codes and ordinances at the time of building permit issuance.
3. Conditional use permits 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.
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. Any signs proposed for the subject business must comply with City of Poway Sign
standards.
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Resolution No. P-97-37
Page 3
6, All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
7. 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Plans for modification to the fire sprinkler system due to the addition of interior walls
shall be submitted for approval prior to installation.
2. Install three (3) type 2A:10BC fire extinguishers.
3. Occupancy limits shall be posted.
4. Lighted exit signs shall be located above required exits.
5. Final inspection shall be required prior to occupancy.
6. Provide a door key for the Knox lock box at time of final inspection.
APPROVED and ADOPTED by the City Council of the City of Poway, State of California,
this 5th day of August, 1997.
Pz US elL f ( ,"'-c/'
Betty Rexford, Deputy Mayor
ATTEST:
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Marjorie K. Wahlsten, City Clerk
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J hereby certify, under the penalty
of periury, that the above and
loregoing is a true and correct
copy 01 Resolution No,/' 9?- ~?,
85 adopted by the City Council of
Poway, California on the <; ./;t.
day off/{'j'-ud- ,19.2Z..,
MARJORIE K. w AHLSTEN, CITY CLERK
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Resolution No. P-97-37
Page 4
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO)
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-97-37 , was duly
adopted by the City Council at a meeting of said City Council held on the 5th
day of August ,1997, and that it was so adopted by the following vote:
AYES:
CAFAGNA. EMERY. GOLDBY, REXFORD
NOES:
NONE
ABSTAIN:
NONE
ABSENT;
HIGGINSON
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Marjorie K. Wahlsten, City Clerk
City of P9Way
E:ICITYlPLANNINGlREPORnCUP9706,RES