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Covenant Regarding Real Property 1996-0332366 , c . ') " '~ " RECORDING REQUEST BY: ) ) CITY.OFPOWAY ) ) WHEN RECORDED MAIL TO: ) ) CITY C,LERK ) CITY OFPOWAY ) POBOX 789 ) POWAY CA 92074-0789 ) ) No Transfer Tax Due ) 830 DOC~ 1996-0332366 OZ-JUL-1996 08=09 AM OFFICIAL RECORDS SAN DIEGO CDUHTY RECOROER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF: 12.00' 'FEES: 2B.00 AF: 15.00 MF: 1.00 (Thi,s space for Recorder's Use) ;=-8P& ~'.) ... COVENANT REGARDING REAL PROPERTY ('I ~~.: Robert C. and Theodora 0 Connor rOWIIIERs. hereinafter) are the owner,s of real property ,described In Exhlbtt A which Is attached hereto and l)1adeapart hereof.anCl. Vo(hich Is~orrimonly known as Assessor's Parcel Number 317-101-04 rPROPERTY' hereinafter), In. cOnsideration of the approval of Condttlonal Use Permtt.96-o1 by the City of Po way C'CITY. hereinafter), bWNERshereby agrees to abide by condttions of the attached resolution (Exhibtt B), " This Covenant shall run with the land and be blnding,upon and Inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties; ,....:\,'i; "'''\S''. In the event that Condttional Use.Permit.96-Q1 expires or is rescinded by City Council at the request ofthe OWNER, CITY shall expunge this Covenant from the record IItle of th,e PROPERTY. In the event of IItl\:fallon to enforce't,tJe 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: 0 --;3 - 9,tf:, ~:i(l7 ~ _~__-"/-- obert C, 0 Connor, O~E~~ize) ~ cJ:C~~ TheOdora-OConnor, OWNER (Notarize) Dated: 1['- /3 ~ '7? CITY OF POWAY Dated: 5 - a. \ -C\ Co By: RL-- wrf' - (j~ Subscraled and sworn 10 beforll mo _,aaymJIL.tk- 19~ . ~ Nolaryand the County of CIarl( Stateol Nevada . . LINDA SCOOTER " NO. TARY PUBLIC - NEVADA " " COUNTY OF CLARK ~ ' Myappt expires March 1. 1998 " . 8" LEGAL DESCRIPTION The easterly 109:00 feet of th,at portion of the Southwest Quarter of the Northwest Quarter of Section 13, Township -14 South, Range 2 West, San Bernardino Base and Meridian, in the County of San Diego, accordihg to United States Government Survey, described as follows: Beginning at a point of the Southerly line of said Southwest quarter of the Northwest Quarter, distant thereon South 89008' 30" East, 332feet'fromthe Southwest corner there-of, said point being the Southeast corner of land conveyed to James Alb~rt Silkwood and wife by deed recorded in Book 5316, page 83 of Official Records; thence along the Easterly.linecand:the Northerly prolongation thereof North 01027' East, 400.02 feet; thence South 89008'30" East along a line parallel with the Southerly line of said Southwest Quarter of the Northwest Quarter 281 00 feet; thence South 01027' West parallel with the Westerly line thereof 400.02 feet to the Southerly line of said Southwest Quarter of the Northwest Quarter; thence along said Southerly line North 89008'30" West, 281 00 feet to the point of beginning, EXHIBIT A .. CAL:lFOR~IA AlL.PURPOSE ~KNOWLEDGMENT 8. State of )Je.ua&a County of Q A-~ On ~~ (~ 199" before me, , Date ~ (3 Nam, eo' 11ti, ot Off'", (",'. Jeo, 000, No"~ l~') personally appeared 1--+ c.. D IV1 (}Dr .... 1"J1"'e.o.J101'c;L..J 0 COn /! Q /, Name(s)01 Signer(s) o personally known to me - OR -~oved to me on the basis , satjli~ctory evidence to be the persoQ whose n e s /~ubscribed to th . in instrument and ack owledged to me that he/sh xecuted the same in his/her~' thorized ca ci ies and ~~ bb his/her@signat re s n the instrum-ent the er s or the entity upon be alt of which the per~acted, executed tne instrument. . LINDA SCOOTER ," NOTARY PUBLIC. NEVADA , ' COUNTY OF CLARK '. ..,' .' Myapp 0XI.Hre,i, fyhuCI: 1. 1998 ~v WITNESS my hand and official seal. ~~)~Of~~ OPT/ONAL Though the information below is:not requ~red by law, it may prove valuable. to persons relying on the document and could prevent fraudulent remova.l,and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator D Other" Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer, Title(s): o Partner - 0 Limited 0 General o Attorney,in-Fact o Trustee o Guardian or Conservator [] Other' Top 01 thumb here RIGHT THUMBPRINT OF SIGNER . Signer Is Representing: Signer Is Representing: C 1994. National Notary Association' 8236 Remmel Ave., P.O. Sol{ 71 B4 . Canoga Park, CA 91309.7184 Pr~. N~. 5907 Reorder: Call Toll-Free 1.800.876.6827 " . 833 . RESOLUTION NO. P-96-35 A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 96-01 ASSESSOR'S pARCEL NUMBERS'317-101-04 WHEREAS, Conditional Use Permit 96-01 submitted by B.J.'s Rentals, applicant, requests approval to operate a portable Rotomixx concrete mixing system at an existing equipiTIent rental business located at 13044 Poway Road within the Commercial General zone; and, WHEREAS, on May 21, 1996; the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Sect i on 1: Environmental Fi ndi nos: The City Council finds that this project will not have a significant adverse impact on the environment and hereby issues a Negative Declaration with Mitigation Measures. Section 2: Findinos: 1. The project is CClns'istent with the general plan in that an equipment rental yard \<lith a concrete blendirigoperation is permitted in the Commercial General zone with the appr'oval of a conditional use permit. 2. That the location, s.ize, design and operating characteristics of the equ i pment rental yard and the concrete mixi ng operat i on will be compatible with and will not adversely affect or be materially detrimenta 1 to adjacent uses, residents, buil di ngs, structure or natural resources, in that the operational practices of the business will be modified so that the level of noise emanating from the site will decrease. 3. That the harmony in scal e, bul k, coverage and density is cons i stent with adjacent uses in that the expansion of the equipment rental use to inc.1ude the concrete mixing operation involves only the construction .of bulk storage bins at the rear of the lot. The size of the concrete blender is approximately 12 feet high and it appears inconspicuous in the equipment rental yard. 4. That there are available public facilities, services and utilities to serve the approved use, in that public water, sewer, and street access is available to the site. 5. That there will not be a harmful effect upon des i rabl e nei ghborhood characteristics, in that the operational practices of the equipment rental business and the concrete mixing operation will be modified so that the level of noise emanating from the site will be decreased. EXHIBIT B . "34 1 Resolution No. P-96-35 Page 2 That the generation of traffic will not adversely impact the surroundi ng streets ana/or the City's Circulation E-l einent, in that the equi pment rental, use has operated .for many years and the concrete mixing operation should'not generate significant additional traffic. 7. That the site is suitable for the type and intensity of the designated use, in that it is in an area designated for general commercial uses. 6. 8. That there will not be s.ignificant harmful effects upon environmental quality and natural resources in that the site has been completed developed. 9. That there are .no other relevant negative impacts of the use that cannot be mit.igated. Section 3: Citv Council Decision The City Council hereby approves Condit.ional Use Permit 96-01 subject to the following conditions: 1. Within 30 days of ,approval (1) the applicant shall submit in writing that all conditi ons of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. 2. The use condi tionally 'granted by thi spermit shall not be conducted in such a manner as to interfere with the reasonabl e use and enjoyment of surrounding uses, COMPLIANCE WITH THE FOL,LOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF pLANNING SERVICES. SITE DEVELOPMENT 1. This conditional use permit shall be subject to a six month review by the Director of Pl anni ng Servi ces for compl i ance with the condi t ions of approval and to address concerns that may have occurred. If the permit is hot in compliance with the conditions of approval, or the Planning Services Department has recei ved comp la i nts the use permit shall be scheduled for public review before the City Council, to consider modification or revocation of the permit. If the permit is in compliance with the conditions of approval at the time of the six month review, thereafterari annual review by the Director of Planning Services will be conducted to insure compliance. 2. Site 'shall be developed in accordance with the approved site plans on fil e in the Planning Services Department and the conditions contained herein. 3. Approval of this request shall not waivecompl iance with all sections of the Zoning Ordinance and all other applicable City Ordinances. . .35 Resolution No. P-96-35 Page 3 4.. Prior to any. use of the project site or ~u,siness activity being commenced thereof;, all condi t ions of approval contiline~ her~i nshall be compl eted to the,satJs'fact ion of the Di rector of Planni ng Servi ces. 5. The hours of operation for the Rotomixx concrete mixing system shall be limited to 8:00 a.m. to 5:00 p.m., Moneay through Friday; 9:00 a.m. to 5:00 p.m. Saturday; and the Rotomixx concrete'system shall not be operated on Sundays. 6. Truck deliveries of bulk liiaterials for the concrete mixing operation shall be 1 imited to the hours of 8:00 a.m. to 5:00 p.m. on weekdays. 7. The vol ume level of the intercom system and the phone buzzer shall be turned down to where the noise levels do not exceed 60 decibels at any property line. 8. The maximum number of Rotomixx trailers leased from the site shall not exceed four (4). 9. The use of radios within the mechanics shop area and outside of the building shall bediscont(nued. The volume l'evel of radios used in other areas of the building shall be at a level where the sound cannot be heard outside of the buil~ing. 10. A sound absorbing liner shall be installed jn. the hopper to decrease noise associated with the Rotomixx concrete mixing operation. 11. Pre-mi xed sandlgravelshaH be substituted for the separate and gravel material used during the concrete mixing operation. 12. 8.J.'s shall widen and upgrade the existing Tand'scape area along the front of the property. The two exi st i ng oak treesi n the front pl anter area shall be re-pl anted in the northwest section of the rear yard. The exi sti ng masonry posts along the front of the property shall ei ther be relocated and enhanced with attractive fencing or removed completely. The paved area located 'within the 20 foot front yard setback along the westerly property li rie shall a 1 so be landscaped. A 1 andscape and irrigation plan .prepared by a licensee landscape architect shall be submitted to the Planning Services Department for review and approval prior to the initiation of the landscapihg improvements. The landscaping improvements shall be completed by August 21, 1996. 13. Easily identified onsite customer parking areas shall be provided. 14. Motorized rental equipment shall be s.tored in a contracted position. Non- motorized rental equipment {i.e., ladders), which is over six feet in height in a contracted position (vertically) shall be stored in a horizontal position. This shall be accomplished immediately. 15. The proposed future building expansion shall be considered through the Development Review process. " .. '. . 836 Resolution No. P~96-35 Page 4 16. T,hesoutherly two thirds of the rear storage area and any areas where equipment will be stored or maneuvered shall be paved. 17. Repair and maintenance of any bus.iness related equipment or vehicles shall be conducted within thebundi'ng. In sJtuations where the equipment or vehicle is too large to fit into the building, the repair and maintenance work shall be comp)eted in or immediately adjacent to the outdoor paved wash pad area. Only equipment and vehicles leased from the subject site shall be serviced on the' property. SIGNS Any signs, proposed for this _development shall be designed and approved in conformancew-ith the Sign Ordinance. . 8e , Resolution No. P-96-35 Page 5 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 21st day of May 1996. ~~~ on HIggInson, 0'1: ATTEST: STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) SS. ) I hereby certily, under Ihe penalty 01 perjury, that the,. above and foregoing is a~lrue~fd._, corr~ I' N ~f';'-3.) copy of Reso uhon o. - _ \".. ' as adopted by the Gty' CO'!!leil 01 poway, Ca!ifornia.';;;:,the ;)",~~ day of 0'l1~ . ,19~. MARJORIO K:.Vf HLSTEN,gT~'CLERK I..; 1J1fU."l2.')~' -:')1\ YM-L. "V \",) -' ~.! '\l0-'k<--<-- ~ ;A.h..~, t.- MarjorIe K. Wa lsten, City Clerk 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-96-35 , was duly adopted by the City Council at a meeting of said City Council held on the 21st day of May , 1996, and that it was so adopted by the follo~v()te: AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE Jt"Yt+\'k k ~ Marjorie K. Wahlsten, City Clerk City of Poway ~