Covenant Regarding Real Property 1996-0483527
.:;-. :.-
.
..---- .....
. . - .
,
RECOI'lDING REQUEST BY:
cn:Y OFPOWAY
WHEN RECORDED MAIL TO:
CITY CLERK
piTY OF POWAY
PO BOX 789
POWAY CA 92074-0789
No,Trimsfer Tax Due
2~E!J~~~=O~~~~~7AM
)
)
)
)
)
)
)
)
)
)
)
)
1.205
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECORDER
RF= 13. 00 FEES: 31. 00
AF: 17.00
MF: 1.00
(This space for Recorder's Use)
~B PC?
COVENANT REGARDING REAL PROPERTY
W.H. Pomerado LLC, A CalWor'nla Umned Uability Company ,OWNER" hereinafter) Is the owner of
real property deScribed In Exhlbn A which Is attached hereto and made a part hereof and which Is
commonly known as Assessor's Parcel Number 317-270-18 ,PROPERTY" hereinafter). In conslderaifon of
the approval cHentatlve,Parcel'Map OO:OO,by the City of Prmay C'CiW'herelnafter), OWNER hereby agrees
to abide by condnlons of the attached resolution (Exhlbn B).
This Covenant shall run wnh.theland and be binding upOn and Inure to the benefn of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Tentative Parcel Map 96-06 expires or Is resclnd~ by City Council at the request
of the OWNER, CITY shall,expungethls Covenant from the record mle of the'PROPERTY
In the event oflnlgation to enforce the provisions of this Covenant. the prevailing party'shall be
enmled to full reimbursement oi all costs, including reasonable attorneys' fees, from the other party,
Dated:
~~Yfli
Dated:
9~ /{}- 90
By:
IlL wjU- d~
"
.
.
1206
LEGAL DESCRIPTI0N
LOT63 OF QIIY OF POWAY TRACT 85-04, UNIT2INTHE CITY OF POWAY; COUNTY
OF SAN'0IEGOi STATE OF CALIFORNIA, ACCORDING TO MAP TREREOFNO 12572.
FILED iN THE OFFlqE OFT!-!E COUNTY RECO~DER Of SAJ''i DLEGOCOUNTY,
FEBRUARY 28, 1990 AS FILE NO 90-1075150F OFFICIAL RECORDS,
EXHIBIT A
CALIFORNIA ALl.PURPO_ ACKNOWLEDGMENT
.'.. .' -,' .,. -.- .
.
1207
C(#jiforvJ/'4.
County of ~ a. VJ JJ f'e ~ ()
On '1/IG/fi.6 before me, S "
personall/appeare:" :\A -t:P rey C. fI- a ~;; ~.: OI,Offoo" ('g, 'J,"e Doe, N
Name{s)'ofSigner(s)
~erSOnallY known tome - OR ~ 0 proved tome on the basis of s~tisfactoryevidence to be the person~
whose name\Sl-is/al'&6ubscribed to the within instrument
and aCknowledg",d tome, that he/she/they executed the
same in his/hgr,(tAeirliuthorized capacity~), and that by
his/h9r!tfleir signature.(sl. on the instrument the person(~.
or the entity upon be naif of which the person(sracted,
executed the instrument
State of
"
tA~ ~ ~~:~~ ~ of
i @NclI=:~~ I
J_ ~ _ ,:~~~C~~~l~J
WITNESS my hand'and official seal.
Jrf- ~ d:t
~ f( , ~t'~"'"
Slgna1ureofNM'ary u ic
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: CtJtJena;" t~eJfty.J/I1' 7?f>4/7r/Jj7,<:3r"6y
Document Date: S,'<j ned .k; cre.tfJ./tontJ.Jth 9/J"~ /~p Number of Pages: :;...
Signer(s) Other Than Named Above: 1f p" b (J( [1) Jl-l r tth t-
Capacity(ies) Claimed by Signer(s)
Signer's Name: ~~.p y c. f/4. UJtll1 "-1
o Individual
~ Corporate Officer ,,' , /
Title(s): () tlJ 1'1 e y - M P WI 1!J-fJ Y-
O Partner - 0 Limited 0' General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other'
Signer's Name:
.
Top of thumb here
o Individual
o Corporate Officer
Titl~(s):
o Partner - O,Limited 0 General
o Attorney!in.Fact
o Trustee
o Guardian or Conservator
o Other'
RIGHT. THUMBPRINT
,OF SIGNER
Top of thumb here
Signer Is Representing:
Signer is Representing:
@1994 National Notary Association. 8236 R~mmet -Ave., P.O. BOl( 7184. Canoga Park, CA 91309-7164
Prod. No. 5907
Reorder: Call TolI~Free 1-800-876-6827
----...-.-.-..
1".", I
~'
[
l._
.. .
RESOLUTION NO.P- 96-62
A RESOLUTION OF THE CITY COUNCIL
OF THE CHY OF POWAY,hCALI-FORNIA
APPROVING TENTATIVE PARGET MAP 96-06
ASSESSOR'S pARCEL NUMBER 3 I j::Ciio-18
.
1208,
WHEREAs, Tentative Parcel Map 96-06,submitted by W. H. POll1erado 1. L. C.,
pJ:oposes to divide a 2.66 acre lot into two parcels. The subject property Is
located at 12105 Ki rkham Road, in the South PowayPl anned Communi ty, and
WHEREAS, on September 10, 1996, the City Council held a hearing on the
above~referenced item,
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmenta'l FindinQs:
The City Council herebyfi nds that the pr;evi ously certi fi ed Final
Environmental Impact Report(EIR) and Fin~l Subsequent EIR for the .South
Poway Planned Conununi'ty and the Negative Declaration with mitigation
measures, which was issued for the underlying Tract Map 8S~04-02
adequately address the environmental impacts of this project. No I'!ew
significant impacts have occurred or will result with the granting of the
subject parcel map, and further environmental review is not necessary.
Section 2: FindioQs:
1. The approved. project is consi stent with the Genera 1 Pl an and the
South Poway SpecificPl an in that it proposes to create two parcel s
from a lot designated for light industrial use.
2. The design and improvements required of the tentative parcel map are
consistent With all applicable general and specific plans; in that
the approved parcel sizes and configurations adhere to the
development standards for the South Poway Business Park.
3. The site is physically suitable for the type of development and the
dens ity proposed; in that the site is 1 argeenough to provi de two
parcels, each regular in shape and with dif!lensions which are in
keeping with the South Poway development standards.
4. The design of the subdivision is not 1 ikely to cause substantial
environmental damage and avoidable injury to humans and wildlife or
other habitat in that the site has been rough graded. There is no
natural habitat remaining on the site.
S. The tent at lYe parcel map is not 1 i kely to cause seri.ous publ i c
health problems in that City water and sewer services are available
to the property.
6. The, design of the tentative parcel map will not confl ict with any
easement by the public at large, now of record, for access through
or use of the property within the proposed subdivision.
Section 3: Citv Council Decision:
The City CouriCilhereby approves Tentative Parcel Hap 96-06 subject to the
following conditions:
EXHIBIT B
...;;...io\..:.-,......__.. ....._.
.
.
1209
f"!
Resol utfon No. P-96-62
Page 2
With,in30 days of approval (1) the appli cant shall subnii tin wrH; i ng tha't
all conditions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
COMPLIANCE WITH THE~OlLOWING 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.
2. Revised site plans in,corporating all condUions of approval shall be
submitted to the Planni ng Servi ces Department.
3. Approval of this request shall not waive compl iance with all sections of
the South Poway Specific Plan, ZoningOrdinal)ce and all other appl icable
City Ordinances in effect at the time of building permit issuance.
4. 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.
,ADDITIONAL APPROVALSREOUIRED
A Development Review shall be accompl ished prior to the issuance of a
building permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS, REQUIRED. COMPLIANCE SHALL BE
ApPROVED BY THE DEPARTMENT OFtNGINEERING SERVICES.
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Bu i 1 di ng Code, City Gradi ng Ordinance, appro,ved gradi ng/ private
improvement plan and geotechnical report, accepted' grading practices and
the South Poway Planned Community Development Standards.
2. The grading/improvement plan prepared on standard size sheets at 20 scale
by a registered civil engineer shall be subject to review and approval by
the Pl anni ng Services and Engi neeri ng Services Departments and shall be
completed prior to issuance of a grading permit.
3. A soils report shall be prepared by aqualiJied engineer Hcensed by the
State of Ca 1 iforn i a to perform suchwor'k at fi rst submi tta 1 of a
grading/improvenient plan.
4. A pre-blast survey of the surrounding property shall be conducted to the
satisfaction of the City Engineer prior to any 'rock blasting. Seismic
record,ings shall be taken for all blasting and blasting shan occur only
at locations and levels approved by the City Engineer.
';'~~A_'A:~:;'':.
[-- 5.
6.
7.
8.
,
.
.
1210
Reso.l ut i on No. p,- 96-62
Page 3
All new slopes shall be a minimum of 2:1 (horizontal to vertical).
A final compaction report shall be submitted and approved pri or to
issuance of buil ding 'permits.
Site grading shall ,be certified by the project civil engineer prior to
issuance of building permits,
If pad elevation increases by greater than two feet in height from those
approve~d on the tentative parcel map, City Council approval will be
required.
9. Buildings and parking lots shall be at least five feet from tops and toes
of slopes.
10. Non-supervi sed or non-en'gi neered fi 11 is specifically not all owed. Ro~k
disposal areas shall be graded in compl i an.cew'ith City-approved soils
investigations and recommendations and grading plans.
11. Erosion control, including but not limited to desiltation basins, shall be
install ed. The developersha 11 make provisi ons to insu~e the proper
maintenance of all erosion control devices throughout their intended 1 ife.
STREETS
1. Reciprocal access and ,maintenance and/or agreements shall be provided
insur,ing access to. all parcels over private roads, drives or parking areas
and maintenance thereof to the satisfaction of the City Engineer prior to
occupancy.
2. All parking, lot structural sections shall be, s!lbmitted to and approved by
the City Engi neer. Pavement sections shall conform to the mi nimum
required by the Poway Municipal Code Section 12.20.080.
3. All damaged off~s~ite public 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.
4. Prior to any work performed in the p~blic right-of-way or City~heid
easements ,a ri ght-of-way permit shall be obtai ned from the Engiileeri ng
Services ,Department and app'ropriate fees paid, in addition 10 any permits
required.
5. Driveways ,shall have a minimum width of 30 feet and shall be designed as
an alley apron with ten foot minimum radius. Where driveways are adjacent
to sidewalts, pedestrian ramps shall be required.
6. Existing 'settlement monuments shall be identified on the grading/private
improvementplalls i1nd protected duri ng construct i on. Monuments sha 11 be
permanently protected or relocated when they conflict with the permanent
improvement.
--': - '-
.
.
1211
r n
Reslil~ution No. P-96-67
Page 4
Street improvements shall include~urb, ,gutter, p~ving, itreet lights,
underground utilities, striping, and tl"affi~ control devices.
8. A monumentation bond in an amount acceptable to the City Engineer shall be
posted prior to final map.
7.
DRAINAGE' AND FLOOD CONTROL
1. A drainage system capable ofhandl ing and disposing all surface water
originating within the project, and all surface waters that may flow onto
the project from ,adjacent lands, shall be required. Said drainage system
shall i n_~lude any easements and structures asrequ i red by the Di rector of
Engi neeri ng Servi ces to properly handl e the drai nage.
2. Portland cement concrete gutters shall be installed where water crosses
the roadways.
3. Concentrated flows across driveways and/ol' sidewal ks shalT not be
permitted.
4. On-site drainage shall connect to the existing stub unless otherwise
approved by the City Engineer.
S. At the time of development the lots wi 11 not be all owed to drai n to
adjacent lots. The P~rcels shall install an appropriate drainage system to
convey drainage to the storm drain in Kirkhani Road and Community Rbad.
UTILITIES
1. All proposed utilities within the project shall be installed underground.
2. Util ity easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
3. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
4, Existing telephone, gas, elec:tric, water, sewer, and other public utility
1 ines and appurtenances shall be shown on the gradingjimprovementplans.
S. Water, sewer and fi re protect,ion systems pl ans shall be designed and
constructed to meet requirements of the City of Poway and the County of
San Diego :Department of Health.
6. The app 1 i cantsha 11 pay for a water system ana lys is at the establi shed
rate to determine the proper size and location of the public water system.
The amount shall be paid upon demand by the City.
7. All on-site .water mains shall be public. A 20 foot easement shall be
dedicated to the City over public water mains prior to occupancy.
. L ---,-..--- ...
I'
I
l,
. ..'
.
.
1212
Reso'ution No. P-96-62
Page 5
All on-site private sewer mains shall be constructed to standards for
public sewers and shown on the grading/private improvement. plans.
9. Improvement pl ans for the on-site water mains shall be prepared on
standard size sheets at 20 scale, signed by a registered civil engineer,
and submitted to the' City for approval. The plans must be signed prior to
issuance of a building permit.
8.
10. Prior to occupancy, the'sewer and water systems serving the project shall
be installed to the satisfaction of the City Engineer.
11. The property shall be irrigated from the reclaimed water main.
GENERAL REOUIREMENTS AND APPROVALS
1. The parcel map shall c;onform to City standards and procedures, City
subdivision ordinance, Subdivision Map Act, and Land Surveyors Act.
2. Should thi s property be further di vided, each parcel map shall be
submitted for approval by the City Engineer.
3. All provisions of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
4. Prior to parcel map, all dedications shall be made and easements granted
as required above.
S. Prior to parcel map approval, revised net pad acres and allowable building
square footage shall lie suppl ied to the Engineering Services Department
for approval.
6. This approval is based on, the existing site conditions represented on the
proposed site p lao and grad i ng/pri vate inipro've'ment pl an. If the actual
conditions vary from those representations, the site pl an must be changed
to reflect the actual conditions. Any substantial changes to the site
plan must be approved by the Director of Planning Services and the City
Engineer, and may require approval of the City Council.
7. The tentative parcel map approval shall expire on September 3, 1998 unless
an application fora time extension is received 90 days prior to
expiration, in accordance with the City's Subdivision Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS" IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Additional fire hydrants maybe required as a condition of subsequent
development reviews for each parcel.
:-~.-~.
, "
_.....;......O~.
. ..!......:..- . -. ._-.
. ~ ;
'.
.'
1213
Resolution No. P-96-62
page 6
APPROVED and ADOPTED' by the City Council of the City of Poway, State of
California, this 10th day of September, 1996.
.....-
Do~~~r~
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
I hereby cerfily, under the penalty
of perjury, that the ~bove and
foregoing is ,a true ~d correct,
copy of Resolt:rtion.No; ~",,!:,- 4.J.
as adopted ,Qy' t~ City caJncil of
powaY~~he /(f~
day 01 0119.$.
..... : I. ....
,MARJORIE K.,WAHLSTEN; C1T.Y'CLERJ(
, bvYJl~'~/~:" , {],m'-i-;
. ~ . "'~ ~
./
~~ K 7D~~
arJO~le\ . Wahlsten, City Clerk
U
I, Marjorie K. Wahlsten, City Cl.erkof the City of Poway, do hereby
certify, under the penalty ,of perjury, that the foregoing Resolution, No.
P-96-62 ,was duly 'adopted by the City Council at a ,meeting of said City Council
held on the 10th day of September , 1996, and that it was so adopted
by the folloWTnlglvote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NONE
NONE
NONE
'-rn'~ I< 10~t.-
Marjone . WahIsten, City Clerk
-I "". -
City ~pway
E:\CITT\PLANNING\REPORT\TPM9606.RES