Covenant Regarding Real Property 1996-0628714
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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
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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
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The CITY ma'{assign:to persons impacted by the performance of this Covenant ihe right to enforce this
Covenant against OWNERs,
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Dated:
IZ -~ -91:'
Dated:
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oway - Nierman Limited Partnership, OWNER
,(Notarize)
CITY OF POWAY
By'
~ ?:~~ - dlU-O-D ~
Director of Plannin Services
&ALIr~ORNIA ALL.,PURPOsfACKNOWLEDGMENT
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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.
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t ~:..:'":, :" DONNA H, ~RNDEN
::;: ; ,,"> I,; ,', COMM, # 1038337 if
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.. \o,</'i' '..t" DIEGO COUNTV (
:J ~\~.;;: I :.~~, :~~.ITI~. Expires SF.P ~ 1. 1998
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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:
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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
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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
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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,
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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
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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.
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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
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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
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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,
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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
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Resolution No, P-94-27
Page 4
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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!, 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'
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AYES CAFAGNA, CALLERY, EMERY, HIGGINSON
NOES NONE
ABSTAIN NONE
ABSENT SNESKO
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Marjori'e\K Wahl sten, Ci ty C'l erk
City of joway