Covenant Regarding Real Property 2000-0069868
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DOC '2000-0069868
RECORDING.REQUES7fED BY )
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CITY OF POW~Y .. i , )
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,WHEN RECORDED MAIL TO' )
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CITY CLERK ) I
CITY OF POWAY )
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POBOX 789 ) ,
POWAY CA 92074-0789 )
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No Transfer Tax Due ,)
F~B 10. 2000 8:10
,OFFICIAL RECORDS
'SAHDIEGo"COUNTY RECORDER'S OFFICE
GREGORfJ. SMITH, COUNTY RECORDER
FEES:' 25.00
AM
17'09
(This space for Recorder's Use)
COVENANTREGAROING REAL PROPERTY
Christian Lifer'Assembly, PROPERTY OWNER ("OWNER"hereinafter)is,th~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 ,321-1'90"17 ("PROPERT'y:"
hereinafter). In consideration' of the approval of Conditional Use Permit 89-12(M3)
allowing reg,ularly scheduled indoor/outdoor youth programs consisting of music,
skateboarding and basketball on tile church property.located al 14047Twin Peaks Hoad
by theCityof'Pow'ay ("CITY" hereinafter), OWNER hereby agrees to abide by conditions
of the'attached resolution (Exhibit B),
. This Covenant shall runwitl1'the,land and be binding upon and inure to the benefit
of the future owners, encl:Jmbrancers, successors, heirs, personal representatives,
transferees and assigrisofthe respective parties,
In theel/ent that ConditionaL Use Permit 89c1.2(M3)Fexpires or is rescinded by City
CqLinciLatthe request oHhe OWNER, CITY shall expunge this' Covenant from the record
title 6fthe PROPERTY
In the event of litigation to eiiforce the provisions of thisColienant, the prevailing
partysliall be entitled to full reimbursement of all costs, including reasonable attorneys'
'fees, from the other party
OWNER CH TIAN LIFE ASSEMBLY
Dated:
J /~<t,loo
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By'
(Notarize)
Dated:
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CITY OF POWAY
By:.<... " ,..,
Niall Fritz, Director of Deve
N:\CIT:Y\PLANNING\OOREPORT\CU6912M3.CDV
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EXHIBIT A
THE: LAND'REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUN'TY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL,l:
THAT 'EORTION OF THE WEST HALF OF THE NORTHEAST. QUARTER OF THE
NORTHWEST 'QUARTER OF SECTION 7, TOWNSHI.P 14., s:i:li.iTfi.,RAlWEl, WEST, SAN
BERNARDINO MERIDIAN, IN ,THE COUNTY OF SAN ,fJIEGO'i STATE OF CALIFORNIA,
ACCORDI~G. T9THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT 'THE NOR,~HWES'1,' CORNER OF THE NORTHEAST. QUARTER OF .THE
NORTHWEST QUARTER OF SA1'D ,SE<:;TION 7; THENCE ALONG 'THE-NORTHERLY LINE
OF SAID SECT1'ON '7 ,SOUTH. 88.034 '00" EAST, 328..67 FEET TO THE TRUE
POINt 'OFliEGLNNINGiTHENCE CONTINUING ALONG' SAID NORTHERLy'r..:~j<E
328.67 FEET TO THE NORTHEAST CORNER 'OF THE WEST HALF OF' SA~D
NORTHEAST'QUARTER OF THE NORTHWEST QUARTERiTHENCE ALONG THE EASTERLY
LINE OF SAID WEST HALF SOUTH 00~31'oon- EAST; '795.4'9 FEET; 'THENCE
NORTH 88"28'001 WE$T, 3.29.\06 FEET TO A 'LINE WHICH. BEARs SOUTH
00029"30" EAST FROM THE TRUE POINT OF BEGINNING.; THENCE, Nc:fRTH
00029'30" WiST, 794.90 FEET TO THE TRUE POINT OF BEGINNING. ,.
EXCEPTING THEREFROM THE NORTHERLY 397.45 FEET..
PARCEL 2:
AN EASEMENT AND RIGHT OF. WAY FOR ROAD PURPOSES OVER THE EASTERLY
15.00 FEET. OF THE NORTHERLY' 397.45 FEET OF THE WEST HALF OF THE'
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 14
SOUTH, RANGEl WEST i $AN, BERNARDINO MERIDIAN, IN THE COUNTY 'OF SAN
DIEGO, STATE OF CALIFORNIA,A:CCORDING TO THE OFFICIAL PLAT'TH'EREOF.
"C~~~F~RNIA ALL.PURPol ACKNOWLEDGMENT "
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State of LA!lto'f 1\ L a.
County of ~II\ O'I~O
On ~/rl gl/~'~
personally appeared (C.efa y.f-
J~-~=~~=~i
~. NotaryPubli. oc-earrfcrnla.. .. ~
z Son Diego CountY . f
My Comm, flcpirei Feb 9,ZXl3
i________.:__.:.
Joncd-han Dlivid MQddux
Jane ODE', Notary Public")
before me,
j .'1 Name and Title of Officer (e,g
D. M~W'~
Name(s).oISigner(s)
~ersonally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed.to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Though the information below is not required bylaw, 'it rove valuable to persons relying on the document and could prevent
fraudulent remova{.and reattachment of this form to another document.
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Description of Attached Document
Title or Type of Document: --C fl:leYlant
V~~/()D
Signer(s) Other Than Named Above:
Document Date:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer
Title(s),
D Partner - 0 Limited D General
D Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other'
Signer Is Representing:
rGt3cifd.i ~/2.p (l. ~ p~
a.
Number of Pages:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited D General
o Attorney'in-Fact
D Trustee
o Guardian or Conservator
o Other'
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Signer Is Representing:
@ 1996 National Notary Associaiion' 8236 Remmel Ave., P.O. Box 7184' Canoga Park. CA 91309-7184
Prod. No.S90?
Reorder: Call TolI.Free 1-800-876-6827
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RESOLUTION NO P- 00-05
A RESOLUTION OF THE CITY COUNCIL
OF THE CiTY OF POWA'{" CALIFORNIA,
APPROVING CONDITIONAL USEoI5ERMIT89-12(M3)
ASSESSOR'S PARCEL NUMBER 321-190-17
WHEREAS, Conditional Use Permif89-12(M3), the Youth Ministry of Christian Life
Assembly Church, applicant, requests approval to hold a series of events for young people
on church property, which will,lnclude skateboarding, music, and games both within the
east parkfng lot and within'themain sanctuary building for the' property located at 14047
Twin Peaks Road; and
WHEREAS, on January 4; 2000, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and cori, relative to this application,
and the City Council considered the above-referenced item.
WHEREAS, pursuant to Government Code Sectiori 66020(d)(1), NO;rICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or other exaction described in this resolution begins on the effective date of
this resolution and any such protest must be in a manner that complies with Section 66020,
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1. Environmental Findinas:
The project is found to be Categorically Exempt, Class 1 , under the provisions of the
California Environmental' Quality Act because ,the use.willoperate within existing
facilities.
Section 2: Findinas:
1 That the location, size, design, and operating characteristics of the use are
in accordance with the general plan and the,zoning'ordinance in that a youth
ministry may conduct outreach and recreational aCtivities designed for young
people as a part ofthe,overall function of the' church which is governed by
a conditional use permit.
2, That the location, size, design and operating characteristics of the youth
activities will be compatible with and will not have an .adverse affect or be
materially detrimental to adjacent uses, buildings, or structures, because the
use will be located within a parking lotlocated a generous. distance from the
closest residences and also within:a multi-purpose building and the activities
will be closely monitored and managed by church staff in order to prevent
conflict with neighboring properties.
EXHIBIT B
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Resolution No. pc 00,-,05
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3 ThaUhe location and operating characteristics',ofthe youth activities will not
be,detiihlental to:the public health"safety, or welfare, or materially injurious
to properties or improvements in the' areaJor the reasons stated above.
4 That there'wilinot be significantharrT1f~l:effects upon ,environmental quality
and naturaL. resoUrces in that the Use will operate within ari existihg building
arid parking oma fully developed site
5. That thegeneratioriof traffic will notaqversely impactthe surrounding streets
arid/or'the citY's Circulation Element, in tgat the use will operate ,qn an
existingdeve.l()p~d church property where existing improvements andoffc
street,parkingare"in place.
6. That there'are'no otherrelevant negativeimpacts,ofthe use'that cannot be
mitigated.
Section 3. Citv'Council Decision:
~he City Council hereby approves Conditional UsePermitB9-12(M3) stibjecLto'the
following conditions:,
Within 30 days of approval (1) the, applicant,shalLsubmit in ,writing"that all
conditiohsofoapproval haveilJeen read and understood; and ,(2j"thatproperty
owner-shail execute a ,Covenant-on Real Property.
The l:Ise ,conditionally granted 'by this permit shall not be conducted in suCh a
manner as to interfere with the reasonable use and enjoyment of the surrounding
residential and commercial:uses.
APPLICANT SHALL CONTACT tHE DEPARtMENT OF'DEVELOPMENTSERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1 The events shall be,conducted in accordance,with'the, approved plans ion filelh the
DevelopmentServices Department and the conditions contained herein.
2. Fire,and County Sheriffs Depanmentsshall be contacted for appropriate permits
and inspections prior to the commencement of the activity
3 l'he applicant,shall notify in writing the neighboring residents., The notices shall be
mailed or hand delivered and include details of the,dates and times of the events
along with a comprehensive list of;activities.
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Resolution No P- 00 - 05
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4 Outdoor s~ea~ersfo[the sgund system shcili'be,oriehted away from the Ezra Lane
neighb6r!1obd. Testing from Ezra Lane shalibe'conductedat ttiesetupof each
event in order to adjust the music volume so as hot to,cause a disturbance.
5. "No -motorized outdoor,event shall be made part!ofttiis permit.
6. Outdoor lighting 'shall be oriented so as not tw;hineon residential properties along
Twin Peaks Road, Testing from the northeast. corner of Roberto Rio and Twin
Peaks Roadshalj be conducted at the setup of each,' event in order to adjust light
beams so as nottb calise unnecessary'glare.
7 Eve~t !lours sl11:i!1 be Ui'Tlited 19 no more than every ottier Friday, betWeeh 6:00ahd
10:00 p.m. AdLilts!s/:1~!ll:J:eI)resent at the close of Eiach ev'enttorecfLiife;teena'gers',
ih the iiTllDediate'vicinjty,tq leave promptly and s,afely.Adults shall be pLaced on
botti tt:i~ north and sb~th' sides of Twin PeaKs R,6ad along the intersection with
Roberto Rio t6ensiJr13 youth With tars leave safely without disrupting the residential
neighborhood.
8. The skateboard ramps and related materials shaU be kept away from 1:idjQihing
properties'and disassembled;and stored when noUn use for the approved. events.
APPLICANT SHALL GONTACT THE DEPARTM~NT OF S~FETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
9 Any barricades usep are!to have attendants at aU times,
10 Access to bothp?rking lots from Twin Peaks Road is required to be available to
emergency vehicle traffic;
11 All booths,canopies':and tents are to be tagged with State Fire Marshal.approval.
12. All bQoths orte[its hi:lving electrical power; using any kind of flammable fuel, or
doinga}lY cooking'willlJave afire extinguisher rated notless than2A 1 OBC,
13 Maintain Fire Department acces-s to Cill buildIng!firehydrants.
APPLltANT~~ALL CO~TACT THE SHERI.FF!S DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
14 Theeveht tomm,i!tee shall have personneLdesignatedat all times and at. specific
IqcCltions to provide liaison with representatives of the City's Fire and Sheriff's
Departlljents,
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..solutionNo; P~ 0"0..05
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APPROVED and ADOPTED by the ptyC6Uncil ofthe City of Poway, State of
'Califomia', this4thday'of Januaryi.2000' . .
ATTEST.
STATE OF CALIFORNIA
COUNTY OFSAN'DIEGO
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IherebV cer!lty. Ul'lder lhe penally of
perJUIV. !hot 1M obove and
foIegoing Is 0 _, and cOrrect copy
of ReSOluffon No P;..ch'-O.~.
0" adopted. by 1M C11y CounCIl at
Powov. CaOfomklon 1M +f;t.
daVof~."-i~
lORl ANNE Pf . CITY CtBCK
Lo~i Anne Peoples, City
,
I,. Lori Anne Peoples, City Clerl<:of the City of PoWay;.do,hereby certify, under the
penalty of pe~uryithatthe foregoing Resolution, No, P- 0 O~.O 5 , was. duly adopted by the
City Council at a meeting of said City Council held on' the 4th day of January, 2000, and
that itwas so adopted by the following vote:
AYES.
HIGGJNSON, GOLD~Y, EMERY, REXFORD, CAFAGNA
NOES.
NONE
ABSTAIN: NONE
ABSENT: NONE
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LoAnne Peoples. CityCle k
City of. Poway
N:\Pl:ANNING\99REPORTlCUP8912M.RES