Covenant Regarding Real Property 1996-0541097
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RECORDiNG 'REQUEST BY:
CITY OF POWAY
-WHEN RECORDEOiMAIL TO:
CITY CI:ERK
Clrl OF PO'NAY
POBPX789 "
POWAY CA'92074"0789
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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
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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.
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Inthe,evenlthat Tentative Parcel Map 96-07 expires or is' rescinded by City, Council at the request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
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Dated:" 1 <~.4 c '1.'<0
Calilornia General Partnership,
CITY OF POWAY
By:
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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
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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.
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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'
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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
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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.
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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
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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:
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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.
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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.
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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:
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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- ?,?
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as adopted. by fhe'City Coiindl 01
Poway, alilorni~ n t~e :;',1,1/; ,
day of - ,-191~.
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MARJORIE K -"VI-,HLSTEN;',Cn''i ct~
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by:~4--~~-t;;'
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Marjorie K. Wahlsten, City Clerk
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STATE OF CALIFORNIA
COUNTJ_OF SAN_DIEGO
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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
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Marjorie \1(. Wahlsten, City Clerk
C.ity of Po way