Covenant Regarding Real Property 1996-0628713
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RECORDING REeUES'f,BY:
_ CITYOFPQWAY
WHEN RECORDED~MAIL TO:
CITY CLERK
cin' DE f>OWAY
'P 0 BOX 789
POWAY CA 92074-0789
11I0, TrarwfElrTax Due
~ n 1996-0628713
1~EC-1~96 08~39 AM
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l:)lu~ (This space for Record!lr~s,Use)
560
OFFICIAL RECORDS
SAH DIEGO COUNTY RECORDER~S OFFICE
GREGORY SMI1H. COUHTY RECORDER
R(: 10.00 FEES:
AF: 11.00
MF: L 00
22.00
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COVENANT REGARDING REAL PROPERTY
Poway'Nierman, Limited Partnership' ("OWN ERs"hereinafter) is .the owner of real' property'described
in:Exhibit A,which is, attached hereto"arid:made a parthereofand which'is,com-monly known as\Assessor's
Parc~{N,u,~~er 317-153,24:("PROPERTY"'hereinafte~), lii-consideratiorioUtie approval of'Minor Conditional
,Use Permi(94-02M,~y,ttJ.e <pity ot'Poway;rCITY" hereinafter),OWNERs:hereby agrees'to abide:byconditions
ofthe-:attachedresolution (Exhibit B). .
'-;his..Covenarit,shall run with',the;land andbeibinding upon..and inure to the benefitof.,ttie .future
owners, encymbrancers, successors, heirs, personat'representatives, transferees and', assigns ,of the.
respective parties,
In the eve"t that Minor Conditional Use;permit 94-02Mexpires or is rescinded by ,City Council at the
request of the. OWNERs, CITY shall,expunge this CovenaiiHrorrHhe-record'titl€,of,lhePROPERTY
If either party is required'io'incur costs to Elnforce th!,provi~io,ns'of thisCovenant,theprevqil.ipg'party
shi3l1'be entitled 16 full reimbursement of all-costs, -including,reason~bi6attorneys' fees, from the ofh,er party
The CITY may assign "to. persons impacted by the performance,afltiis Covenant the right to eniorce this
Covenant against OWNERs,
Dated: /2. --S--?6
Dated:
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away - Nierman Limited Partnership, QWNER
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CITY 'OF POWAY
By'
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Director of Plannl g Services
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:' ~~t..F~RN'iA ALL,PURPosfACKNOWLEDGMENT
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561
State of fldj~ ~
County of /~~
On ~..s; /19t before me,
,Dale. k j . N,m, aod," of OHio" ".9.. .t,,, Doe, No,"" P bllo")
personailY'appeared 4~.q, ~. "7tIIA..-.-rl''?-.<.J 0e...,. om; fJ~,..1
U ~ Name(s) of Signer{s) -
D personally known tome - OR - D proved to me on the basis ot,saiistactory evidence to be the person(s)
whose nafne(sj,is/~re:sJbscribed to the within,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 signatu~e(s) on the instrumentthe person(s),
or the entity upon behalf of which the person(s). acted,
executed the instrument. "
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WITNESS my hand and official seal.
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Sig ature'cf NotaryPublic
OPTIONAL
Though the-information below is.not required by 1aw,' it may prove valuable to persons relying on the document and couldprevent
(raupulen! removal.and reattachment of this form to another document.
Description of ' Attached Document
TitleOrTypeOfDocu~ent: ~ fK-.1<~ ,~~~ 1Cu.1 ~,,~
Document Date[D ~ Jdi. !()!,).9116 (ji)>fJ<J'1 tAiIL (:J.15!Cf{, Number of Pages: S-fal'.4n~d""
Signer(s) Other Than Named Above: IiM ffi ~d - ~.o o.&t:t.u. ,
Capacity(ies) Claimed by Signer(s)
D Individual
D Corporat~ Officer
Tiile(s): .
D Partner - D limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other'
.
Top of thumb here
Signer's Name7JtLntLS .5. ~rr4L<.-)
D Individual
D Corporate;Officer
Title(s)"
[!Ij Partner - D Limited CifGeneral
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other' Top of thumb here
,Signer's Name:
Signer Is Representing:
Signer I,s Representing:
71~;;;0:';JLJ
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@ 1994' National Notary Association;' 8236'Aemmet Ave., P.O. 80;.7184 . Can~ga Park, CAg; 309, 71 ~.
Prod, No~5907
Reorder: Call Toll-Free 1-800-,876-6827
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Legal Description
Parcel A.
Parcels 1,2,3 and 4. of Parcel Map No. 13714, in the Cityof Poway, County of San
[)iegi:>"State of California, Jiled in the Office oqheCoLinty Recorder of San Diego
ColiDlY, March 1'2, 1985,as File No. 85c080780ofOfficialRecords.
Exhibit 'A
562
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563
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RESOLUTION NO p" 96-79
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A REQUEST TO MODIFY MINOR CONDITIONAL USE PERMIT 94-02
ASSESSOR'S PARCEL NUMBER 317-153-24
WHEREAS, a request to modify Minor Conditional Use Permit 94-02, submitted by
Dan Caruso, applicant, seeks approval to serve beer at Stix Family Billiards and extend the
hours of operation to 2:00 a,rn, on Fridays and Saturdays and 10'00 a,m, to 12 midnight
on Sundays, The subject property is located at 12222 Poway Road, #19 and #20 within '
the Commercial Business zone, and
WHEREAS, on October 15, 1996, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1, Environmental Findings:
The City Council finds that this action is not subject to the California Environmental
Quality Act (CEQA),
Section 2: Findinqs:
1 That the location, size, design, and operating characteristics of Stix Family
Billiards if allowed to serve alcohol and extend the hours of operation is in
accordance with the title and purpose of this title, the purpose of the zone in
which the site is located, the City General Plan, and the development policies
and standards of the City in that recreational facilities as billiards halls are
allowed in commercial zones of the City with the approval of a minor
conditional use permit.
2, That the location, size; design and operating characteristics of Stix Family
Billiards if allowed to serve beer and extend the hours of operation would be
compatible and would not have an adverse affect or be materially detrimental
to adjacent uses, residents, buildings, or structures, in that Stix has
developed operational procedures to address security issues and insure that
the use will operate in a manner that is compatible with surrounding uses,
3 That Stix Family Billiards if allowed to serve beer and extend the hours of
operation should not have a harmful affect upon desirable neighborhood
characteristics in that siix has operated at the subject location without
problems for the past 2 years and recently has developed operational
procedures to address security issues and the management of on-site
alcohol sales.
P-X.H I~ 17 .L3
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Resolution No P-96-79
Page 2
4 That the impacts, as described in subsection 1-3 of this section and the
proposed location and operating characteristics of Stix Family Billiards if beer
were served and the operating hours were extended that the conditions
under which it would be operated would not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements
in the vicinity
5 That there will not be significant harmful effects upon environmental quality
and natural resources in that the use is operating within an existing building
on a fully developed site.
6 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
7 That there are no other relevant negative impacts of the proposed use that
cannot be mitigated, in that the use has been approved for 180 days and the
operation will be'monitored regularly during that period to insure that.any
unforeseen negative impacts are 'addressed
Section 3, Citv Council Decision
The City Council hereby approves Minor Conditional Use Permit 94-02 subject to
the following conditions'
1 Within 30 days of approval (1) the applicant 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 man"ner as to Interfere withlhe reasonable use and enjoyment of
surrounding residential and commercial uses,
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
1 The approval of Minor Conditional Use Permit 94-02M shall expire 180 days after
Stix Family Billiards is granted a beer sales license from the California Alcoholic
Beverage Control unless extended by the City Council after public hearing
requested by the applicant within 135 days after granting of the Alcoholic Beverage
Control license, If the applicant wants an extension of the approval to serve beer
and extended hours of operation beyond the aforementioned 180 days, but does
not file a written request for extension within the 135 day period, a new minor
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R.'ution No. P-96-79
P"3
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2.
The owners of Stix Family Billiards and all of the employees shall complete an
Alcohol Servers Training Program authorized by'the"California Alcoholic Beverage
Control within .90 days of the receipt ofa beer sales license Evidence of training
completion shall be provided to the Planning Services Department.
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3 The applicant shall provide a copy of the beer sales Iicer]se to the Planning Services
Departmentupon receiving approval from the California Alcoholic Beverage Control.
4 The applicant shall operate in compliance with all of the conditions of approval listed
in Resolution No P-94-27 for Minor Conditional Use Permit 94-02.
5
The.approval of MCUP 94-02M, authorizing the sale of beer at Stix Family Billiards
shall become null and void within two years from the date of the approval of this
project if a beer sales license has not been obtained.
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APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th. day of October, 1996
ATTEST
.,hereby certify, uncler the penaW
of periury, tnai ,the above ane!
loregoing" ~is a" true and ~.corred
copy of Re;oluiion NoP - 9{;-7'1,
as adopted by the City Council of
Poway California on'the;;79/k
'~-Ak . ~(,
day of t% ..19 L=-.
MARJORIE K, W AHLSTEN, CITY CLERK
) SS ~\.t-..<- k. ;J\JM-li t;..
COUNTY OF SAN DIEGO ) by: (J
I, Marjorie K, Wahlsten, City Clerk of the City of Poway, do hereby ce~ifY, under the
penalty of perjury, that the foregoing Resolution, No, P-96-79 , was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of
October , 1996, and that it was so adopted by the fol]owing vote
~
JI~~ K ?VMJ.k
Marjorie j' Wahlsten, City Clerk
STATE OF CALIFORNIA
AYES
NOES-
CAFAGNA, CALLERY, EMERY, ~lGG[NSON
NONE
ABSTAIN
REXFORD
ABSENT
NONE
>01
Marjori
City of
k }\) M--\ t.
Wahlsten, City Clerk
ay
C '\KAREN\M C U P9402,RES