Covenant Regarding Real Property 1996-0584278
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RECORDING'REQUEST BY
crrC\' OF POWAY
VVHEi'fRECORDEb MAil TO'
CITY'Cl:ERK
CITY; OF POWAY
P (') BOX'789
POWAY CA 92074'0789
No Transfer Tax Due
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DUEn 1996-0584278
19~NOV~1996,08:40AM
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OFFICIAr RECORDS
SAN DIEGO CDUHTYRECORDER'S OFFICE
GREGORY SMITH i COUHHRECDRDER
RF: 13:00" FEES: 31. 00
AF: 17.00
MF: 1.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
W.H, Pomerado, LLC("OWNER"hefeinafter) is the ownefofreal property described in Exhibit A which
is,attached,heretoand,madea,parHereofand which is commonly known as Assessor's Parcei'Number 31'7-
270-28'("PROPERTY" hereinafter), In consideration of the approval ofTentativeParcel Map 96-bii by the City
--,-' . ,,-"''''---' ,,,"
of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolutiori
(Exhibit B),
This,Covenant shall run with'thedand and be binding upon and inure to the benefit"of'the future
owners, encumbr,ancers, successors, heirs. personal representatives, transferees and assigns of the
respective parties,.
In.ttie event that Tentative'Parcel' Map 96-08 expires or is rescinded by City Council at the request
of the OWNER, CITY shall.expunge this Covenant from the record litIe',of the PROPERTY
In the event of.litigation to enforce the,provisions of this Covenant; the prev'ailing party shall be entitled
to full reimbursement of all costs, including reasonable attorneys'fees, from the other party
Daied:
Dated: ,\h \"\ "
SEE BELOW
VV:H, POmerado.,LLC.
OWNER (Notarize)
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" 'Trustee of the J. C: Hamann
ateij 12/21/83, Member
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By:
Da~ e : . ,,/litaker, ,~steeof the Whitaker Famzly
Trust datet/' October 22, 1979, as Amended and Restated
Decembe'r 22, 1983, Member
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... LEGALDESCRIETIONS .
"IIII!!'ERTIFICATE OF COMPLTANCE
BOUNDARY ADJUSTMENT NO,. 96-06
428
PARCEL 1
A PORTION' OF LOT 72 AND A PORTION OF LOT 73 OF CITY OF POWAY
TRACT 85-04 UNIT 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AC,CORDING TO MAP THEREOF NO. 12572, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF ,SAN DIEGO COUNTY,
FEBRUARY 28, 1990 AS FILE NO. 90-107515, DESCRIBED AS A WHOLE
AS FOLLOWS:
BEGINN"ING AT THE SOUTHEAST CORNER OF SAID LOT 73, SAID CORNER
BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF COMMUNITY ROAD (65.00
FEET WIDE); THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH
87043'06" WEST 412.08 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 52'056'57" W'EST 449.45 FEET; THENCE NORTH 15005'10"
WEST 131.61 FEET; THENCE ON A RADIAL BEARING OF NORTH 54037'33"
EAST 452.44 FEET TO A POINT ON A CURVE 'CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 524.50 FEET, SAID POINT BEING ON THE
SOUTHWESTERLY RIGHT-OF-WAY LINE OF GREGG COURT (49.00 FEET WIDE);
THENCE SOUTHEASTERLY ALONG SAID CURVE 'AND RIGHT-OF-WAY LINE
265.62 FEET THROUGH A CENTRAL ANGLE OF 29000'56"; THENCE LEAVING
SAID CURVE AND RIGHT-OF-WAY LINE SOUTH 19050'02" WEST 521.41
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2
A PORTION OF LOT 73 OF CITY OF POWAY TRACT 85-04 UNIT 2, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO ,STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 12572, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN, DIEGO, COUNTY, FEBRUARY 28, 1990 AS FILE
NO. 90-107515, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 73, SAID CORNER
BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF COMMUNITY ROAD (65.00
FEET WIDE); THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH
87043'06" WEST 412.08 FEET; THENCE NORTH 19050',02" EAST 521.41
FEET TO A POINT ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS
OF 524.50 FEET, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF GREGG COURT (49.00 FEET WIDE); THENCE EASTERLY ALONG
SAID CURVE AND RIGHT-OF-WAY LINE 223.00 FEET THROUGH A CENTRAL
ANGLE OF 24'021'37" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHWESTERL Y HAVING A RADIUS OF 29.50 FEET; THENCE EASTERLY
AND SOUTHERLY ALONG SAID CURVE 46.34 FEET THROUGH A CENTRAL
ANGLE OF 90000' 00" TO A POINT ON SAID RIGHT~OF-WAY LINE OF
COMMUNITY ROAD; THENCE ALONG SAID RIGHT-Of-WAY LINE SOUTH
1015'00" WEST 425.44 FEET TO THE POINT OF'BEGINNING.
R.
EXHIBIT A
C~09NIA ALbPURPO'SeCKNOWLEDGMEN!
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429
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tll, It) (" before me, L'f RlL~vtl.o.O" I 0otM-", R...bL___
Date Name and Tille 01 Officer (e.g.. "Jane Doe, NOlary Public")
personally appeared :r.,ff~/V'-, &'-":5"" ~-~ CL^<t O<LrU~ tV ld-.Ju-v
-0 NamelS)01 Slgner(s)
'{y personally known to me - OR - 0 provE!dto me on the basis of satisfactory evidence to be the person(s)
I whose name(s)}I!Iaresubscribed to the-wilhin instrument
and acknowledged to me that ~/they executed the
same in his/her/theiiauthorized capacity(ies), and that by
his,'1 ,e,/their signatuIl3(s) on the instrument the person(s).
or the entity upon b13ha1f of which the person(s) acted,
executed the instrument.
State of
County of
On
f@_..,L. .e Rlb~Af'iD.ioN 1
0" 'COMM;:" 1111929 ....
,..:~ , ,NOTARnUBLIC ,~.C.iLlFORNIA~'
f . . SAN. DIEGO COUNTY -
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WITNESS my hand:and official. seal.
Signature 01 Notary Public
OPTIONAL
Though the information below is not required bylaw, it, may prove valuable to persons relying on-the document and coula prevent
fraudulenl:removaJ and reattachment of this form to ~nother document.
Description of Attached Document
Title or Type of Document: ~u,.t~
/I (, lily
T~~~YO~
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
fj1 Corporate, Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney,in.Fact
o Trustee
o Guardian or'Conservator
o Other" Topoi H1umb here
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'-oJ thumb here
Signer Is Representing:
Signer Is Representing:
,c 1994Nalion~i--N~lary Associaiion' 8236,Remmet Ave.. P.O. BOl( ?,84 ;. Canoga'park, CA 9'309.7184
Prod. No. 5907
Reorder: Call TolI.Free ,.800-876.6827
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430
RESOLUHON NO.P'- 96-71
A RESOLUTION OF THE C ITVGOUNC I L
OF THE tLTV OF powAv" .QAlIFoRNIA
APPROVI'NG TENTATIVE PARCEL MAP 96-08
ASSmOR'S PARCEL NUMBER 317-270-28
WHEREAS, Tentative Parcel ,Map 96-08, submitted by W.H. Pomerado L..L.C.,
proposes to divide a 3.57 ,acre lot into two parcels. The subject property is
located at 12899 Gregg Court with,in the South Poway Planned Community 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: Environ~ental JindinQs:
The City Council hereby finds that the previously certified Final
Environmental Impact Report(EIR) and Final Subseq~ent EIR for the South
Poway Planned COnVnunHY'ildequately addresses the impacts of this project.
No new significant impa<;t'shave occurred or will result with the granting
of the subject parcel map, and further environmental review i's not
necessary.
Section 2: FindinQs:
1. The approved project is cons i stent with the General Pl an and the
South Poway Specific Pl an in thati t proposes to create two parcel s
from a lot disignated for industrial park use.
2. The design and improvements required of the tentative parcel map are
cons i stent with a llapp 1 i cabl e 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~ in that the site is large enough to provide two
parcels, each regular in shape and w.i,th dimensions which are in
keeping with the South Poway development standards.
4. The design of the subdivision is not likely to cause substantial
environmental damage and avoidable injur,y to humans and wildl ife or
other-habitat in that the site, has been rough graded. There is no
natural habitat remaining on the site.
5. The tentative Ilarcel map is not likely to cause serious publ ic
health problems in that City water and sewer services are available
to the property.
6. The ,desIgn of the tent at i ve,parce 1 map,wiTl not confl i ct wi th any
easement by the publ ic at large, now of record, for access through
or use of the property within the proposed subdivision.
EXHIBIT B
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Resolution No. P-96-71
Page 2
Sect,i on 3: CilvCounc il Dec is i on:
The City Council hereby approves Tentative Parcel Map 96-08 subject to the
following conditions:
W.ithin 30 days of approval (1) the appl icant shall submit in writing that
all conditions of appro.v,al have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
COMPLIANCE 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 Planni ng Servic'es Department and the condit ions contai ned herei n.
2. Revised site plans in<::orporating all conditions of approval shall be
submitted to the Pl anning Servi ces Department.
3. Approval of thi s request shall not waivecomp1i ance w.ith all secti,ons of
the South Poway Spec'ffic Plan, Zoning Ordinance and all other appl icable
City Ordinances in effect at the time of building permit issuance.
4. Prior to any use of,the project site or business activity being commenced
thereon,a11 conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
ADDITIONAL APPROVALS REOUIRED
A Development Review shall be accompl ished prior to the issuance of a
building permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADING
1. Gradi ng of the subject property shall .be i naccordance with the Uni form
Building Code, City Grading Ordinance., 'approved grading/ private
improv~ment, plan and geotechnical report, accepted ,grading practices and
the South Poway Planned Community Development Standards.
2. The grading/improvement, plan prepared qnstandard size sheets at 20 scale
by a regi stered ci vil engi neer shall be subject torevi ew and approval by
the Planning Services and Engineering Services Departments and shall be
completed prior to issuance of a grading permit.
3. A soil s report shall be prepared by aqua 1 i fi ed: engi neer 1 i censed by the
State of Cal ifornia to perform such work at first submittal of a
grading/improvement plan.
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Resolution No. P-96-71
Page 3
4. A pre-blast survey of the surrounding property shall be conducted to the
sati.sfaction of the City Engineer prior to any rock blasting. Seismic
recordings shall be taken for all blasting and blasting shall occur only
at locations and levels approved by the City Engineer.
5. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
6. A fi na 1 compact i on report shall be submitted and approved prior 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 e.levation increases by greater than two feet in height from those
approved on the tentat i ve parcel map, City Council approval wi 11 be
required.
9. Buildings and parking lots shall be at least five feet from tops and toes
of slopes.
10. Non-supervised or non-engineered fill is specifically not allowed. Rock
d i sposa 1 areas shall be graded in comp 1 i ance with City-approved soil s
investigations and recommendations and grading plans.
11. Erosion control, including but not limited to desiltation basins, shall be
i nsta 11 ed. The developer shall make provi s ions to insure the proper
maintenance of all erosion control devices throughout their intended life.
STREETS
1. Reciprocal access and maintenance andjoragreements 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 Engi neer. Pavement sect ions shall conform to the mi nimum
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 public 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.
5. Driveways shall have a minimum width of 30 feet and shall be designed as
an alley apron with ten foot minimum radius. Where driveways are adjacent
to sidewalks, pedestrian ramps shall be required.
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Resolution No. P-96-71
Page 4
6. Exist i ng sett 1 enient monuments shallbeident ifi ed on the grading/pri vate
i mpr;ovelllent pl an's and protected during construction. Monuments shall be
permanently protected or relocated when they conflict with the permanent
improvement.
7. Street improvements shall include curb, gutter, paving, street lights,
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 systemc~pabl e of handl i ng and di.spos i ng all surface water
originating 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. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
4. On-site drainage shall connect to the existing stub unless otherwise
approved by the City Engineer.
s. At the time of devellopment the lots wi 11 ~ot be allowed to dra into
adjacent lots. The parcel s shall install an appropri atedra i nage system to
convey drainage to the storm drain in Kirkham Road and Community Road.
UTILITIES
1. All proposed utilities within the project shall be installed underground.
2. Util ity easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
3. The developer shall be responsible for the relocation and undergrounding
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 requi rements of the City of Poway and the County of
San Diego Department of Health.
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Resolution No. P- 96-71
Page 5
6. The applicant 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-site water mains shall be designed and constructed to publ ic
standards for water. A20 foot easement shall be dedi cated to the City
over publ ic water mains prior to occupancy. A warranty bond must be
provided with the easement document to warrantee the water main for a 12
month period.
8 . All on-s ite pri vate sewer mains shall be constructed to standards for
public sewers and shown on the grading/private improvement plans.
9. Improvement pl ans for the on-s i te water mai ns 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.
11. The property shall be irrigated from the reclaimed water main.
GENERAL REOUIREMENTSAND APPROVALS
1. The parcel map shall conform to City 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.
5. Prior to parcel map approval, revised net pad acres and allowable building
square footage shall be supplied to the Engineering Services Department
for approval.
6. This approval is based on the existing site conditions represented on the
proposed site plan and grading/private improvement plan. 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 must be approved by the Director of Planning Services and the City
Engineer, and may require approval of the City Council.
7. The tentative parcel map approval shall expire on October IS, 1998 unless
an application for a time extension is received 90 days prior to
expiration~ in accordance with the City's Subdivision Ordinance.
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435
Resolution No. P- 96-71
Page 6
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Add it iona 1 fi re hydrants may be requ i red as a cond i t i on of subsequent
development reviews for each parcel.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15th day of October, 1996.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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Don Hi99T~-~n ,'~~~>~I' ~) ,_._,
I hereby certify, under the penalty
01 periury, tha.t the-'abo~e and
f ' ..,... Irue and - corred
ore90'"9 15:, a I o' -_ L
I ~I' N ~ '1t-/_
copy 0 Re~? utlon 0 - ~ . '
as adopted"by th~-City cou'l.~
poway, c~ t~e 1.<':-
day 01&1. ,191#-.
MARJORIE K./WAH~ST~~~<zlT.v CLERK
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
cert ify, under the penalty of perjury, that the foregoi ng Reso 1 ut ion, No.
P-96-71 ,was duly adopted by the City Council at a meeting of said City Council
held on the 15th day of October , 1996, and that it was so adopted
by the followrng-vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, HIGGINSON
NONE
NONE
EMERY, REX FORD
E:\CITY\PLANNING\REPORT\TPM9608.RES