Covenant Regarding Real Property 1996-0476814
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.CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY CA 92074-0789
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19-5EP-V;~96 08,=00 AM
OFFIGIAl RECOROS
SAH.DIEGOCOUHIY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECORDER
, FEES: ' 0.00
RECORDING REQUEST:BY:,
C\TY:OFP9WAY
WHEN RECORDED, MAil TO:
No Transfer Tax Due
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(Thjs space for Recorder's; Use)
COVENANT REGARDING REAL PROPERTY
W,H. Pomerado'U.C, A,CaI~ornia Li,mned UabilityQompllny ('OWNER" hereinafter)is,the owner of
real property described in Exhibn A which isattachedhElreto and made a part hereof and which Is
cornmonly known as AsseSSor's Parcel.Number 317'27o'.{jj, (';PROPE'RWhereinafter), In consideration of
the approval of'TEintative Parcel Map 96cQ3. by the Cny"of EOv.-ay (~CITY"hereinaftet), OWNER hereby
agrees to a~ide;byconditions oflhe:attached resolution (Exhibn B),
This Covenani shall run with the land andbe;binding upon and inure to the benetn of the future
owners, encumbrancers; successors, heirs, personal .representatives,trimsfarees and assigns of the
respective parties.
In the eventlhatTentative,Parcel Map96;<l3expir.es orisrescind~byCity Council atthe:request
of the.OWNER, CITY shalL expunge this CovenimUronithe record , title of the PROPERTY
I n the' event of :Inigation-to enforce ,the' provisions oflhis' Covenant, the.' prevailing party shall be
entnledto full reimbursemenMf.a1'i co~is,inciuding reasonable attorneys' fees. from. the other Party.
Dated:
SEE BELOW
W, H. Poineiado'U.C, A Cal~ornia Umned tiabilityCompany
OWNER (Notarize).
CITY OF POWAY
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By:
Owner:
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Dated: 7- 3. 9&
Dated: q Ii 3lCJ6
, 'Cj, q California limiteci. l(ability.co.
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_ ; Hamann, Trustee of the J.e. Hdmc111n
ily Trust;-, . dated 12121183, Member
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. niel M. Whit ,-ar,Trustee of the ztaker Family
Trust dated [0;22179; as Amended dhd Restated
12122/83, Member
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1775
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COU1'fTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT '52 OF CITY OF POWAY TRACT 85 - 04, UNIT 2, IN THE CITY OFPOWAY.,
GbmJJ'{ ot .~l\N, DIEGO, STAT;E Or<: CALIFORNIA.. ACCORDING TO MAP THEREOF NO
1'2572; FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 28, 1990 AS FILE NO 90-107515 OF OFFICIAL RECORDS,
EXHIBIT A
'CALIFORNIA Al~.PURPO_ ACKNOWLEDGMENT
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personally appeared -:re# rp-y ('. IIIlh14hn '0/' b,FP1,'7
Name(s) of Sign r(s
~P!JrsonaIlYknOwn to me - OR - 0 proved to meon the basis of satisfactb[Yevidence to be the person(s)
whose name(s)-islare subscribed to the within instrument
and acknowledged to me ,that heI5fleIthey exec.ute6the
same in,his'her/iheir authorized capacity(ies), and that by
'~their signat~re(s) or] the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the ,instrument.
State of
Countycif
On
before'me,
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t~ SYl\IIAK.~
c' COMM. . 1039282
i ,.", ,NofOlY PibIIc, -,CiiIlfomla I
.' SAN DIEGO COUNTY j
, ': Mv Comm. Exi>lresOCT25,l9'18
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WIT~ESS.my hand and official seal.
OPTIONAL
Though the information below is not"required,bylaw, it may prove valuable to persons.relyingon the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tille or Type of Document: C;,ue. nb(t Ke.:p.rd/ n'l K 13"-/ Pm/I' J-t, y
Document Date:
Cj,/; pit? b
Number of Pages:
Signer(s) Other Than Named Abcive: 'JJa.n)e/ /Y}, Wh:f,aRe r
Capacity(ies) Claimed by Sigiler(s)
Signer's Name:
Signer's Name:
o Individual
-;9 Corporate Officer /~/'J r
Tltle(s): /J1em t:Je;-
o Partner - 0 limited 0 General
o Attorney.in'Fact
o Trustee
o Guardian,orC;onservator
o Other'
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Top of thumb- he-re '
o Individual
o Corporate Officer
Tllle(s):
o Partner -,0 Limited 0 General
p .l\~of!1ey.il1.Fact
o Trustee
o Guardian,orConservator
o Other'
RIGHT THUMBPRINT
OF..StGNER
Top of thumb here
Signer Is Representing:
U), j/,7?JlIJf~ j..t.C
Signer Is Representing:
@ 1994 National 'Notary ASS~;i~tiCi~ . ~236 Remmel Ave:',P'O. Box 7164 . Canoga Park, CA~11309-7184
Prod. No. 5907
Reorder; Call TolI,Free.1~800.876;.e827
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CAl:IF9R~IA AL~-PUFl_POS!CKNOWLEDCMENT
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personally appeared D~' elM,
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NAME(S) OF SIGNE~(S)
D pluvedtu lilt:: un ttJ~ Ud.~i~ ur,~dli:;)rdvluIY I;;;v;del.ce
to Be tRe te~sdrt.t8r whose nameW)' is/i;!fe-
subscribed to the within instrument and ac-
knowledged to me that he/sho.'ttloy executed
the same in his/Rer/H,e;, authorized
capacityfi-e-s1, and that by his/her/tl",,;,
sighature'~on the instrument the personts}...
or the entity upon behalf of which the
personWacted, executed the instrument.
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WITNESS my hand and official seal.
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SIGNATURE OF NO RY
.OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudiJlent.reattachment of this-form.
CAPACITY CLAIMED BY SIGNER
D .INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
D PARTNER(S)
D LIMITED
o GENERAL
o ATTORNEY.IN.FACT
~ TRUSTEE(S)
.~CJ GUARDIAN/CONSERVATOR
.,- 0 OTHER:
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SIGI.j'ER IS!REPRESENTING:
NAME OF -P-EAS()N-(S) OR ENTITY(IES)
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DESCRIPTiON OF ATTACHED DOCUMENT
Co-v~:"Ro--r~~ ke4. NDr~,
TITLE OR TYPE OF DOC MENT ,
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NUMBER OF PAGES
(Sr~<ec
9/31t{, k-<<~)
DATE OF DOCUMENT
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SIGNER(S) OTHER THAN NAMED ABOVE
.@1993NATIONALNOTARYASSOCIATIQN.8236'RemmetAve., P.O. Box 7184 . Canoga Park,CA 91309c7,184
. RESOLUTION NO. P- 96-57 .
A RESOLUTION OF THE CITY COUNCIL
, OF THE CITY OF POWAY" _.CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 96-03
ASSESSOR'S PARCEL NUMBER 317-270-07
1778
WHEREAS, Tentative Parcel Map 96-03, submitted by W.H. Pomerado L.L.C.,
proposes to divide a 2.79 acre lot into two parcels. The subject property is
located at 13350 Kirkham Way, in the South Poway Planned Community, and
WHEREAS, on September 3, 1996, the City Council held a hearing on the
above-referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: EnvironmentalJEindins1:
The City Council hereby finds that the previously certified Final
Environmental Impact Report(EIR) and Final Subsequent EIR for the South
Poway Planned Community and the Negative Declaration with mitigation
measures, which was issued for the underlying Tract Map 85-04-02
adequately address the environmental impacts of this project. No new
significant impacts have occurred or will result with the granting of the
subject parcel map, and further environmental review is not necessary.
Section 2: Findinos:
1. The approved project is consistent with the General Plan and the
South Poway SpecifiC Plan in that it proposes to create two parcels
from a lot designated for light industrial use.
2. The design and iinprovements required of theten,tative 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
density proposed; fn that the site is large enough to provide two
parcels, each regular in shape 'and with dimensions which are in
keeping with the SouthPoway development standards.
4. The design of the subdivision is not likely 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.
5. The tentative parcel map is not likely to cause serious public
health problems in that City water and sewer serv,icesare avail abl e
to the property.
6. The design of the tentative parcel Ilap 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 Council hereby approves Tentative Parcel Map 96-03 subject to the
following conditions:
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1779
Resolution No. P-96-S7
Page 2
Within 30 days of approval (1) the applicant shall submit in writing that
all condttions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
COMPLI~NCE WITH THE FOLLOWING 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 incorporating all conditions of approval shall be
submitted to the Planning Services Department.
3. Approval of this request shall not waive compliance with all sections of
the South Poway Spec i fi c Plan, Zon i rig Ord i nanceand all other app 1 i cab 1 e
City Ordinances in effect at the time of building permit issuance.
4. Prior to any use of the project site or business activity be,ing commenced
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
ADDITIONAL APPROVALS REQUIRED
A Development Review shall be accomplished prior to the issuance of a
building permit.
COMJlLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading/ 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 Planning Services and Engineering Services Departments and shall be
completed prior to issuance of a grading permit.
3. A soils report shall be prepared by a qualified engineer licensed by the
State of Cal ifornia to perform such work at first submittal of a
grading/improvement 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
recordings shall be taken for all blasting and blasting shall oc;cur only
at locations and levels approved by the City Engineer.
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Resolution No. P- 96-57
Page 3
5., All new slopes shall be a minimum of 2:1 (horizontal to vertical).
6. A fi na.l compact i on report shall be submitted and approved pri or to
issuance of building permits.
7. Site grading shall be certified by the project civil engineer prior to
issuance of building permits.
8. If pad elevation increases by greater than two feet in height from those
approved on the tentative parcel lIIap, City Council approval will be
required.
9. Buildings and parking lots shall be at least five feet frOAl tops and toes
of slopes.
10. Non-supervised or non-engineered fill is specifically not allowed. Rock
di sposal areas shall be graded in compl iance with City-approved soil s
investigations and recommendations and grading plans.
11. Erosion control, including but not limited to desiltation basins, shall be
installed. The developer shall make provisions to insure the proper
maintenance of all erosion control devices throughout their intended life.
STREETS
1. Reciprocal access and maintenance and/or agreements shall be provided
insuring 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 submitted to and approved by
the City Engineer. Ravement sections shall conform to the minimum
required by the Poway Municipal Code Section 12.20.080.
3. All damaged off-site 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 publ ic right-of-way or City-held
easements, a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permits
required.
S. Driveways shall have a minimum width of 30 feet and shaH be designed as
an alley apron with ten foot minimum, radius. Where driveways are adjacent
to sidewalks, pedestrian ramps shall be required.
6. Existing settlement monuments shall be identified on the grading/private
improvement plans and protected duri ng construction. Monuments shall be
permanently protected or relocated when they conflict with the permanent
improvement.
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Resolution No. P- 96-57
Page 4
7. Street improvements shall include curb, gutter, paving, street 1 ights,
underground utilities, striping, and traffic control devices.
8. A monumentation bond in an amount acceptable to the City Engineer shall be
posted prior to final map.
DRAINAGE AND FLOOD CONTROL
1. A drainage system capabl e of handl i ng and di sposing all surface water
or:iginating within the project, and all surface waters that may flow onto
the project from adjacent lands, 'shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
2. Portland cement concrete gutters shall be installed where water crosses
the roadways.
3. Concentrate~ flows across driveways and/or sidewalks shall not be
permi tted.
4. On-s i te drai nage shall connect to the exi st ing stub unless otherwi se
approved by the City Engineer.
5. At the time of development the lots will not be allowed to drain to
adjacent lots. Parcel I shall install an appropriate drainage system to
convey drainage. to the storm drain in Kirkham Road. Storm water will not
be allowed to surface drain onto Kirkham Road.
UTILITIES
1. All proposed utilities within the project shall be installed underground.
2. Utility easements shall be provided to. the specification of the serving
utility companies and the Director of Engineering Services.
3. The developer shall be respons i b 1 e for the reI ocat i on and underground i ng
of existing public utilities as required.
4. Existing telephone, gas, electric, water, sewer, and other public utility
lines and appurtenances shall be shown on the grading/improvement plans.
5. Water, sewer and fire protection systems 'plans shall .be ,designed and
constructed to meet requirements of the City of Poway and the County of
San Diego Department of Health.
6. The applic;ant shall pay for a water system analysis at the established
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- s ite water ma ins shall be pub Ii c. A 20 foot easement shall be
dedicated to the City over public water mains prior to occupancy.
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1782
Resolution No. P-96-S7
Page 5
8. All on-site private sewer mains shall be constructed to standards for
public sewers and shown on the grading/private improvement plans.
9. Improvement plans fo,r 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.
10. Prior to occupancy, the sewer and water systems serving the project shall
be installed to the satisfaction of the City Engineer.
GENERAL REOUIREMENTS AND APPROVALS
1. The parcel map shall conform to Ci ty standards and procedures, City
subdivision ordinance, Subdivision Map Act, and Land Surveyors Act.
2. Should this property be further divided, 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, revised net pad acres and allowable building square
footage shall be suppl ied to the Engineering Serv,ices Department for
approval.
6. This approval is based on the existing site conditions represented on the
proposed site plan and grad,i ng/pri vate improvement pl an. If the actual
conditions vary from those representations, the site plan must be changed
to reflect the actual conditions. Any substantial changes to the site
plan IllUst be approved by the Director of P,lanning Services and the City
Engineer, and Rlay require approval of -the City Council.
7. The tentative parcel map approval shall expire on September 3, 1998 unless
an application for a time extension is received 90 days prior to
expiration, in accordance with the City's Subdivision Ordinance.
COMPLIANCE WITH T.HE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE $.HALL BE
APPROVED BYT.HE DEPARTMENT OF SAFETY SERVICES.
Additional fire hydrants may be required as a condition of subsequent
development reviews for each parcel.
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t'
Resolution No. P- 96-57
Page 6
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 3rd day of September, 1996.
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D~' '99""~' .yo> ~
ATTEST:
,J~c;;i~ W~l~~t~Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I. Marjori e K. Wahl sten, City Cl erk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-96-57 , was duly adopted by the City Council at a meeting of said City Council
he 1 d on the 3rd day of September , 1996, and that it was so adopted
by the followrng-vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NONE
NONE
NONE
)~~ K "J\J~-L-
arjorie K. Wahlsten, City Clerk
City of Poway
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E:\CITY\PLANNING\REPORT\TPM9603,RES
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