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Covenant Regarding Real Property 1996-0541097 'd . 1;-"-< ~,;". RECORDiNG 'REQUEST BY: CITY OF POWAY -WHEN RECORDEOiMAIL TO: CITY CI:ERK Clrl OF PO'NAY POBPX789 " POWAY CA'92074"0789 --NoTfansfefTiifOul! ) ) ) ,lfit l{:1 )1 ) ) ,) ) D~ # 1996-0541097 25-0CT-1996 09=20 AM OFFICIAL RECORDS SAHDIEGO COUHIYRECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF: 10.00 FEES: AF: 11.00 MF: 1. 00 22.00 ua7'" \ \ . (This space for Recorder's Use) . COVENANT REGARDING REAL PROPERTY Poway Industrial Park, A California,General,Partnership ("OWNER" hereinafter) is the owner of real p~opertwjEl.scrib~ In' Exhibit AWhichds' attached hereto and made a part hereof and which Is commonly ~n9~__n' asAssE:jssor,s Par~ N_urTlber 311':122'11. ("PROPERTY"' hereinafter), In!consideratlon,oUheiapproval of'Tentative.Parcel Map OO-O! by!heCity of Poway ("CIJY" hereinafter). OWNER hereby agrees t6 abide by conditions of the attached resolution (Exhibit B). This Covenant shall run_with1,the land and be binding upon and Inure to the benefit of the future Qwners, ,encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respeCtive parties. , Inthe,evenlthat Tentative Parcel Map 96-07 expires or is' rescinded by City, Council at the request of the OWNER, CITY shall expunge this Covenant from therecord',title ofthe PROPERTY In the eventoUitigation,to enforce. the provisions'of this Covenant; the prevailing party shall be en,itlecfto fUll'::relmbufsemeilfof'all costs, ihcludIng reasonable-attorneys; faes,from the othar party. . Dated: /1>/17/'74 ,/ , -."l.t r Dated:" 1 <~.4 c '1.'<0 Calilornia General Partnership, CITY OF POWAY By: ~w~.~tI~ -..... *- ..li,;. .~- I.- ;1' ~ . . . LEGAL DESCRIPTION 1148 "TIheland:referred to in this report is situated in the State of California, County of San Diego and is described as follows: LOT 1 OF lHE Clry OF POV'-jAY TBAGT NO 85004 UNIT 1, IN THE CITY OF POWAY, ~- --C'OuF-lTY-c5F sAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 11742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH9, 1987. EXHIBIT A j CALIFORNIA ALL.~URP~S'ACKNOWL.EDG,MENT . . . State of C-~L.I Fo /t,.J,I/\ 114,9 County of SA,J DIG'Go On Oc..TD(J,QIZ... l1 \qq b Date before me, KARll..CrJ L ~;d\e.-L Name- and Title' of Officer (e,g., Jane Doe, Notary Public") personally appeared Alkrl :5Al=r:C Name(s)"ofSlgner(sj i:!(j'personally known to me - OR - 0 proved to me on.the basis ot satistactory evidence to be theperson(s) whose name(s) is/afe- subscribed to the within instrument and acknowtedged to me that he/sRe/they executed the same in his/Aer,~Reir authorized capacitY(ie5J, and that by his/her/their signature(s) on the instrument the person(,,), or the entity upon behalf of which the personf6-) acted, executed the instrument. ~ ~ "1 t ~~~. ,:.--~:..~ . "~~N ~ F~DlER :( "",,-, " COMM, # 1005625 z l ~o' .;E..' : Notrny Public - Califom io ~ z Jc...,. SAN DIEGO COUNTY , ." My Comm, Expires SEP 19.19</7 WITNESS my hand and official seal. <~6,J:dL- Signature of Notary Public OPTIONAL Though the information below, is not.requiredby:/aw, it may prove valuable to.persons.ielying on the document and could prevent fraudulent removal and reattachment of this form',to'anotherJdocument. Description of Attached Document TitleorTypeofDocument: COl/e,.JI\,J, Re.JlIll..o1N5 KeAI- P..z..re"'-Tj DocumentDate: "f -)..'-I~q(o Number ot Pages: .2... 'Ke/;/l- WItIJht' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: A lie,N S ~rF{ Signer's Name: o Individual o Corporate Officer Title(s): W Partner ~ 0 Limited ~ General o Attorney,in-Fact o Trustee o G~ard'Lan or Conservator o 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 d Guardian or Conservator o Other' . Top,oflhumb'here Signer Is Representing: Pow'J :k-J0vSfJl'",- r""" K:. Signer Is Representing: @1994 Nationai Notary Association. 8236 Remmel Ave. P.O. Box.7184 . Canoga Park,.CA 91309,7184 Prod. No_ 5907 Reorder: Call Toll-Free 1-800:876-6~27 , f~ r' t I f ~ . . I ! . . RESOLUTION NO. p,- 96-68 A RESOLUTION OF THE CITY COUNCIL ()F THE CITY O( POWAY" CALIFORNIA APPROVING TENTATIVE PARCEL MAP 96-07 ASSESSOR'S PARCEL NUMBER j 17 -222- n 1150 _ _ WtI~BEAS, Tent.lj:i-o:e: Il~rc~l ~ap .~6-0? hl?r:~,inafter .~ap. su~mitted ~LPOl'i!Y Industrial Park, A Cal iforriiaGeneral Partnership, Appl icant, for the purpose of subdividing Lot 1 of. Tract 85-04 Unit 1, into six parcels located at 12300-12340 Stowe DrivewJthin the Light Industrial land use designation of the South Poway Planned Community, in the City of poway, County of San Diego, State of California, regularly came before the City Council for public hearing and action on September 24, 1996; and WHEREAS, the Director of Planning Services has recommended approval of the Map, subject to all conditions set forth in the Phnning Services Department report; arid NOW, THEREFORE, the City Counc il does hereby resol ve as follows: Section 1: Environmental Findinas: The previously certlfiedJinal EIR and Final Subsequent ErR for the South Poway Speci fi c Pl an adequately addresses the potent i al envi ronmental impacts of the proposed development. Section 2: Findinas: 1. The. approved project is consi:stent ~i:th ,the general pI an in that it is alight indus'tri'al ,comP.1exl ocated' within the South Poway Bus i ness Park and located within the South Poway Pl anned Community lone. 2. The design orimpr:ovement of the tentative parcel map is consistent with all applicable ieneral ~nd specific plans; in that it is an existing light industrial complex which was constructed in conformance with, the City of Poway development standards in place in 1989-90. " 3. The site is physically suitable for the type of development and the dens ity approved; in that the site is one 1 evel parcel, ,bounded by Stowe Drive, open space,another light industrial lot and a drainage detentTon basin. 4. The desi gnl!f the siibdtvis,i on is not 1 i ke ly to causesubsta,nt i .11 environmental damage and avo'idilb1'einjury to humans and wildlife, or other habitat in that it is an existing, fully developed site. 5. Th,e tentative parcel map is, not likely to cause, serious public health pr!)blemsiil that City water and sewer presently serve the five buildings. EXHIBIT B , . . 1151 6. Resolution No. P- 96-68 Page 2 The des i gn of the tent at i v,eparce 1 map wi 11 not confl i ct wi th any easement by the public at large, now or record, for access through or us.e of the property wi th,i n the approved subd i vi'si on. Section 3: Citv Council Decision: t The City Council hereby approves Tentative Parcel Map 96-07 and waives the filing of a final parcel map,subject to the following conditions: Within 30 days of apprgval (1) the applicant shall submit in writing that all conditions of approval have been re.ad and uni:hirstood; 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 ENGINEERING SERVICES. 1. Parcel map shil" conform to City standards and procedures, City subdivision ordinance, Subdivision Map Act, and Land Surveyors Act. 2. Reciprocal access and maintenance agreements s.hall be provided insuring access to all parcel s over private roads, drives or parking areas and ma i ntenance thereof to the sat i sfacti on of the Director of Engi neeri ng Services. . In addition, a maintenance agreement shall be ,prepared for maintenance of all landscape, hardscape, and slope areas. Said agreements shall be in a form approved by the City Attorney and shall be executed and recorded in the office Of the Siiln Diego County Recorder prior to parcel map approval. , COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. Principal owners shall establish a reciprocal agreement for the maintenance of the common underground fire 'service main. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 24th day ofSepteniber, 1996. ATTEST: ~0-0-~~~ . Don Higginson, yor' I hereby cemly, under the penalty 01 perjury, that. the,.above and foregoing is -a Itrue a;d"_corred copy 01 Resolution No&lb- ?,? -.... -., as adopted. by fhe'City Coiindl 01 Poway, alilorni~ n t~e :;',1,1/; , day of - ,-191~. ./ /.;: MARJORIE K -"VI-,HLSTEN;',Cn''i ct~ -~ ' by:~4--~~-t;;' , ' I , '; I i il \(.l.,;\)..M.. k' )\)0._+/') k Marjorie K. Wahlsten, City Clerk " ! . STATE OF CALIFORNIA COUNTJ_OF SAN_DIEGO . ) ) SS. ~)- . 1152 Resolution No. P-96-68 Page 3 I, Marjorie K.\rIahJsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-96-68 , was duly adopted by the City Council at a meeting of said City Council held on the 24th day of September , 1996, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAFAGNA, CALLERY, REXFORD, HIGGINSON NONE NONE EMERY E: \CITY\PLANNING\REPORT\TPM9607. RES " Jll[~k ~ j)^\Jt0->>t. Marjorie \1(. Wahlsten, City Clerk C.ity of Po way