Loading...
Covenant Regarding Real Property 1996-0628714 -' . .. ,~ #' l :;' . '\': RECORDING REQUEST BY. CITY Qf POWAY WHEN RECORDED ,MAIL TO: c;lTY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 ~o Transfer Tax Due I 1~~Ei-l~~~-Og~~1l4AM ) ) ) ) ) ) ) ) ) ) ) iLl. /) ) \ ~ \' (This space for Recorder's'Use) 56'6 OFFICIAL RECORDS SAHDIEGO COUNTY RECORDER'S OFFICE GREGORY SNITH. COUHTYRECORDER RF: 11.00 FEES: AF: 13.00 MF: 1. 00 25.00 COVENANT REGARDING REAL PROPERTY ,poway-Nlerman Limited Partnership ("OWNERs'''hereinafter)',is the.ownerof real proP5'rtyldescribed, in Exhibit'Awhich is attached hereto and made a part h'ereof and which is,commonly known as Assessor~s Parcel,Number 317-153-24 ("PROPERTY" hereinafter), liiconsideration,of,the approvalofMinoc Conditional G~e Permit 94-02 bythe'City of Poway ("CITY" hereinafter), OWNERs hereby.agrees to abide'by conditions of the, attached resolution (Exhibit B), This Covenant shall run withth'e land andlle,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 Minor Conditional Use Permit 94-02 expires or is rescindeg by c;ity Council at the requestofthe OWNERs, CITY shall expunge this Covenant from the record title of the P'ROPERTY If either party is required to incur costl'to enforce.theprovisions ofthis Covenant. t~e prevailing party shall be ehtitled'to,fuiLreimbursement of all costs;'including reasonable, attorn,eys'fees,..trom the other party ,- ,- -'-'-""",' ~. -, .. . The CITY ma'{assign:to persons impacted by the performance of this Covenant ihe right to enforce this Covenant against OWNERs, , , Dated: IZ -~ -91:' Dated: 10 -d.. qJ(G J! oway - Nierman Limited Partnership, OWNER ,(Notarize) CITY OF POWAY By' ~ ?:~~ - dlU-O-D ~ Director of Plannin Services &ALIr~ORNIA ALL.,PURPOsfACKNOWLEDGMENT . 567 State of before ~e, W. County of On ilw, ..s If I I Daffi personally appeared Name(s) of Signer(s) t'iipersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to,be the person(s) whose name(s) is/are subscribed'tothewithin'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. '71 <- J ~ - - - - ~ - - - - - - - ~I t ~:..:'":, :" DONNA H, ~RNDEN ::;: ; ,,"> I,; ,', COMM, # 1038337 if ~~ ~ ~7 i<c,:J; :':.~~C-"'I Public - ::;l]lifomio ~ .. \o,</'i' '..t" DIEGO COUNTV ( :J ~\~.;;: I :.~~, :~~.ITI~. Expires SF.P ~ 1. 1998 ~ ~ 4 ~~ ~ ~ ~ ~ ~ ~ _ ~ _ , " WITNESS my hand and official seal. AP/h~~' /J~ J Sigfialure of Notary Public 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:, tOfJ&7r.~ ~~ ~"p er'a Document Date~ J.dJ, 1~h..1,I1, ~~" 1M v./'>,ltJ& Number of Pages: G;,~ tlfJw,""'7 Signer(s) Other Than Named Above: ~ iHt A)) ~Iifi - rV.AI- ~ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: -Jkn1CS 5 (U1f::'RmI1A) o Individual o Corporale:Officer Titlt:i(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator I D Other" Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate,Officer Title(s): i)ll Partner - 0 Limited 00 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other" Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: '-11~~~ ~~kj 01994 National Notary AssoCiation. 8236 Remmel Ave., P.O. Box 7184. Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876.6827 "r J I'" . . Legal Descriotion Parcel A, Parcels 1 ,2,3 and 4 of Parcel Map No 13714, in lhe'Cityof Poway, Coun,tyofSan Diego, State of California, filed in the Office of the County Recorder of San Diego County" March 12, 1985 as File No, 85-080780 of Official Records. Exhibit' A 568 , , ", . . 5.69 RESOLUTION NO P-94-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 94-02 ASSESSOR'S PARCEL NUMBER 317-153-24 WHEREAS, Minor Conditional Use Permit 94-02, submitted by Stix Family Bi 11 i ardsjFrank Harri son, appl i cant, requests approval to establ i sha commercial family billiards center in an existing commercial suite at 12222 Poway Road, in the Commerc i a 1 General zone and, WHEREAS, on June 21, 1994, 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: Section I. Environmental Findinas The City Council finds that the project is categorically exempt under the provisions of CEQA (Class I), minor alteration of existing private structure Section 2: Findinqs 1 The proposed project is consistent with the Poway General Plan 2 The proposed location, size, design and operating characteristics of the proposed use are in accordance with the title and purpose of this resolution, the purpose of the land use designation in which the site is located and the Poway General Plan 3 That the location, size, design, and operating characteristics of the proposed use wi 11 be compahbl e wi th and wi 11 not adversely affect or be materially detr-imental to adjacent uses, residents, buildings, structures, or natural resources, in that the use will be located within an existing commercial building 4 That the ,harmony in ,scal e, bulk, coverage:, and dens Hy is cons i stent with adjacent uses, because the use will be located within an existing building 5 That there are available public facilities, services and utilities, because the use will be located in an existing commercial building 6 That there will not be a harmful effect upon desirable neighborhood characteristics, in that the use will be located inside of a bu il ding 7 That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element, in that the use will operate within a -commercial center where existing street improvements and off-street parking are adequate EXfl/ 6rr 13 , ,i: ~ . . 570 Reso 1 ut i on No, P-94-27 Page 2 8, That the site is suitable for the type and intensity of designated use which is proposed, in that it is in an area for general commercial uses and the intensity of the business activity is directly related to only ten billiards tables being available for use. g That there wi 11 not be sign ifi cant harmful effects upon envi ronmenta I qual i ty and natural resources in that the us,ew,nr be contained within an existing building on a fully developed site. That there are no other relevant negative impacts of the proposed use that cannot be mitigated , 10 \ Section 3, Citv Council Decision The City Counc i 1 hereby approves Mi nor Condi t i ana I Use Permit 94-02 subject to the following conditions. 1. Within 30 days of approval (I) the appl icant 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 2. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses COMPLIANCE WITH THE FOLLOWING CONDUIONSIS REQUIRED. APPROVED BY THE DEPARTMENT OF PLANNING S~RVICES, COMPLIANCE SHALL BE I The Planning Services Department shall conduct an annual review of Minor Conditional Use Permit 94-02 for compl iance with the conditions of approval If the department has received complaints, or the use is not in compliance, the review will be forwarded to the Council, who may add conditions to the permit or amend existing conditions of approval 2 The 'app 1 icaM shall Obta.in an 'Amu'sement Establ i shment License from the Customer Servi ces Department pri,or to commencement of bus i ness act i v i ty 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 Prior to the onset of business activity, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 3 The applicant shall obtain a building permit for the installation of tenant improvements and for occupancy change from B-2 to A-3 occupancy . . . . 571 ,:.- . Resolution No P-94-27 Page 3 4 Disabled ,access must be provided throughout the faci 1 ity for both employees and customers 5, Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance, 6, The ~pplicant shall comply with the latest adopted Unifo~m Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in eff~ct at the time of building permit issuance 7 This approval shall become null and void if building permits are not, issued for thi s project withi n two years from- the date of project approval or if business activity has not commenced within two years bf the approval of this project, '\ SIGNS 1. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance COMPLIANCE WITH THE FOLLOWING CONDITIONS, IS REQUIRED. COMPLIANCE SHALL BE --ApPROVED BY THE DEPARTMENT OF SAFETY SERviCES, 1 A tenant improvement plan shall be submitted for review for upgrade of building and fire code issues related to the change of occupancy from B-2 to A-3, APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 21st day of June 1994, ATTEST I hereby tertily, undenhe penalty 01 perjury, thai lbe above and foregoing is.~. true:. anq corred tOpy 01 Res6lutionNo.l'- '11/..;.:27. as adopted by-the City Council 01 poway, Calilornia'on th:: ~ (,a;/: day ol~. ,,19'f1#-, MARJO E K, W AHlST"EN? criy CLERK /-^ ' by:I1~K':70M..."l , . . . 572 ,,:..,', Resolution No, P-94-27 Page 4 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) SS ) !, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby c,ertify, under the penalty of perjury, that the foregoing Resolution, No P-94-27, was duly adopted by the City Council at a meeting of said City Council held on the 21st day of June , 1994, and that it was so adopted by the following vote' \ AYES CAFAGNA, CALLERY, EMERY, HIGGINSON NOES NONE ABSTAIN NONE ABSENT SNESKO Jl'Ct-"";~ k~. :';v,,'-i,-,\~ Marjori'e\K Wahl sten, Ci ty C'l erk City of joway