Covenant Regarding Real Property 1988-282899
r"
, ,~ I
. '
. .
'I
"
I
.'
,>
..,U
1418
.88 2828,9;9
f'--'-'~i-::;Ll,lHDEiJ'tU 1
I ";"""':1 ";,'''r""". I
~ r ::i.;~ '::1:: Z;H" ~~~Jf:~;')':/ :::.'\. .
,..
-..;.
RECORDING REQUEST BY:
CLTY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
P.O. BOX 789
POWAY, CA 92064
)
)
)
)
)
)
)
)
)
)
)
)
l(i9J1 J'l" f 4 '" 8' "6
,"'..>-.... lJ>t jH1' ..).
I r..~:i:~1;~,~7 L. t,.'fL.:': f
~Uu!i; ,ft[CnrWEh I
RF <4 )
AR I, j
MGI
,.
(This space f6r Recerder's use)
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Community Church of Poway ("OWNER" hereinafter') is the owner ef real pro-
perty described in Exhi.bit ,A which is attached her.eto and made a part hereof
("PROPERTY" hereinafter). In consideration of the approval of Conditional Use
Permi t 87 -02TE and Deve] opment Revi ew 87 -04TEby 'the City of Poway (" CITY"
herei nafter), OWNER hereby covenants and agrees fO,r the benefit of the CITY, to
abide by conditions of the attached reselution (Exhtb~t B).
Thi s Covenant shall run wi th the 1 and and be bi nding upon and i nur,e to the
benefit of the future ewners, encumbrancers, successefs, heirs, perso~al
representatives, transferees and assigns of the respective parties.
OWNER agrees that OWNER's duties and obligations under this Covenant are a
lien upon the Property. Upon notice and opportunity to. respond, the CITY may
add to. the tax bi n of OWNER any pas t due fi nanci ill eb 1 i gat ion owi ng to CITY BY
way of this Covenant.
If either party is 'requi red to. incur costs to enforce th'~" provi s i o'n~ of 'tl1i s
Covenant, the prevailing party shall be entitled to full reimbursement,~f, all
costs, including reasonabYe attorneys' fees, from the other party. The CITY may
assign to persens impacteq by the performance of this Covenant the right to
enforce this Cevenant against OWNER.
Dated: ~J:nO Ie /I'9W
efflllO -J ~~
WN
( t 'iz'e')
Dated:
CITY OF POWAY
By 'P.L^~ &.)~ -~
(No need to. No ize)
C: NOR-4-5.1
.
.
GENERAL ACKNOWLEDGMENT ~ lJ-
LO ~nq,,'"
R~t:>rd/~
Re... I
"4.",,,,,er"';Y ..M:.t9
NO. 201
I
I
l
G~/~oItNJA ' rl. .:J u ....e,.. 19 2$', before me,
State of }SS, On this the , day of
County of SA/) ,LN E' fF'O G-rl-lv ,(-5 teok>'l..u ,
,
the undersigned Notary Public, personally appeared
0"'.....ES L. J3 0 IN E 1e's"X ,
-
~ personally known to me
D ~r8. S8 18 FF1E! 8" the ~a':';3 of ~t.lL.3fa8ter~' 9":~""''''<::'&
@ -=- to be the person'tsl whose name'lsl, AS subscribed to the
, '" ,(' CATHYIIROICAW " within instrument, and acknowledged that hlL executed it.
...." "Jtlftc t4llfl.~" WITNESS my hand and official seal.
. " _ DIfGOCQUHr(
Mr QInm, &II,"". ft. 111119 C cd, -4...__, .
Notary's Slgna~
7110122
NATIONA.L NOTARY ASSOCIATION . 23012 Ventura Blvd. . P.O. Box 4625 . Woodland Hills, CA 91365-4625
\
"
;.'~
.-; 'Lp;GAL DESCRIPTION
OR'JER NO. 93.7147-19
.
. -
H20
.
,The land referred to ,herein is situated in the State of California, County of
,S;lll Diego, and is 'described as follows:
All that portion of the West Half of the South Half of the Northwest Quarter of
the Northeast Quarter of Section 13, Township 14 South, Range 2 West, San
Bernardino Base and Meridian, in the County of San Diego, State of California,
City of Poway, described as follows:
Beginning at a point on the South line of said Northwest Quarter of the
Northeast Quarter, distant thereon South 88058'55" East 197.68 fee't from the
Southwest corner thereof, said ,point being also the Southeast corner of the land
as described in deed to the Communi ty Church of Poway, recorded May 22" 1950 in
Book 3628, page 318 of Official' Records; thence South 88058'55" East along said
South line 30.00 ,feet; thence North 1054' East paranel with and 30.00 feet
Easterly at right angles to said East line of said Community Church land 637.32
feet to a point of intersection with the Westerly prolongation of the Northerly
line of the land as described, in deed to Melvin C',Harper and Nellie B. Harper,
recorded July 29, 1957 in Book 6682, page 513 of Official Records; thence North
88055'30" West ,along said prolongation 227.68 feet to' the West line of said
Northwest Quarter of the Northeast Quarter; thence South 1054' West along said
West line 637.32 feet to the Southwest corner of said Northwest Quarter of the
Northeast Quarter; thence Easterly along the South line of said Northwest
Quarter of the Northeast Quarter 197.68 feet to the TRUE POINT OF BEGINNING.
OJ/do
EXHIBIT A
.-:-:.,
.
r
(
'.'
'"
','
~'
.
-v 1421
.
.
RESOLUTION NO. P- 88-41 !,
A RESOLUTION OF THE CITY COUNCIL
OF ,THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 87-02TE
DEVELOPMENT REVIEW 87-04TE
ASSESSOR'S PARCEL NUMBER 317-110-65
WHEREAS, Conditional Use Permit 87-02TE and Development Review
87.~04TE, submitted by poway Communi ty Church, applicant, requests a
oh~-year time extension for CUP 87-02 and a six-month time exten~'
sion f6r DR 87-04 for an addition to an existing religious complex
at 13501 Community Road in the RS-2 (Residential Single Family)
zone and,
WHEREAS, on April 5, 1988, the City Council held a hearing on
the above-referenced item,
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
In conjunction with approval of CUP 87-02 and Development
Review 87-04, the ,Council issued a Negative Declaration on
April 7, 1987. Since there have not been any changes to the
proposed project, the existing Negative Declaration satisfies
the requirements of CEQA.
Section 2: Findinqs:
Conditional Use ,Permit 87-02TE
1. That the location, size, design, and operating charac-
teristics of the proposed use will be compatible with and
will not adversely affect or be materially detrimental to
adjacent use's,. residents, buildings, structures, or
natural resources, in ,that t,l1e ,addition to the existing
church will complementex!sting multi-family and commer-
cial development ana provide a service to the community.
2. That the harmony ih scale, bulk, coverage, and density is
consistent with adjacent uses, in that the proposed
buildings are architecturally compatible with surrounding
residential structures and existing on-site buildings
3. That there are available public facilities, services, and
utilities.
4. That there will not be a harmful effect upon desirable
neighborhood characteristi9s, in that the required 50 foot
setback area froIIlthEl ,residential property north of the
subject site will huffer the propOsed activities.
.. ;--'
,
r
l
-. '
.
..
." 1422
Resolution No. p-88-41
Page 2
5.
That the ~eneration of traffic will not adversely impact
the surrounding streets and/or the City's Circulation
Element.
6. That the site is suitable for the type and intensity of
use or development which is proposed, in that all develop-
ment standards will be met through project construction. '
7. That there will ndt be significant harmful effects upon
environmental quality and natural resources.
8. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
9. That the impacts, as described above, and the location of
the proposed use will not adversely affect the City oi
poway General plan for future as well as present develop-
ment.
10. The applicant has purchased their Letter of Sewer
Availability from Public Services which indicated their
commitment to development of the project.
Development Review 87-04TE
1. That the proposed development is in conformance with the
Poway General Plan, in that the development of churches
are encouraged in residential zones.
2. That the prpposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties in that the proposed
buildings are architecturally compatible with surrounding
residential and semi-public developments, and the required
improvement will protect the health and safety of
adjoining properties.
3. That the proposed developmert ,is in compliance with the
Zoning Ordin~nce in that all development standards will
be met through project construction.
4. That the proposed development encourages the orderly and
harmonious appearance of structures and property within
the City in that the proposed buildings will incorporate
architectural details, materials, and colors that will be
complementary to adjacent buildi~gs.
;.";" .
.
r
t
<,
." 1423
.
.
Resolution No. p-88-~
Page 3
5.
Although the Council has not adopted a policy for
reviewing t~m~ extensions for development review permits,
the applicant has shown a commi,tment to development of the
projec~ through the purchase of the LOA.
Section 3: City Council Decision,
The City Council hereby approves Conditional Use Permit 87-02TE_
and Development Review 87-04TE subject to the following conditions:
1. Within 30 days of approval the applicant shall submit in
writing that all conditions of approval have been read and
understood and the property owner shall execute a Notice
of Restriction on Real Property.
2. All conditions of Resolution P-87-15 shall apply.
3.
Within ten days of approval of the time extensions, the
applicant shall ~ost with the City a non-refundable addi-
tional reservation fee equal to 10 percent of the
appropriate sewerage connection fee, plus administrative
charges to retain the existing Letter of Availability
(LOA) .
4. Conditional Use Permit 87-04TE ,shall expire on April 7,
,1989 and no further time extensions can be granted.
Development Review 87-04TE shall expire on October 7,
1988. An application for one additional six month time
extension may ,be submitted 9'0 days prior to the expiration
date of DR 87-04TE.
APPROVED and ADOPTEDb~the City Council of the City of Poway,
State of California, 'this 5th day of A'pril, 1988.
ATTEST:
'--l '/ V
\/ J/ ,;/ L
f '1CL.,,~iLV{ h j) (v[...:':,Ci.-
Marjorie\ K. Wcihlsten, City Clerk
'\,.)
..~--'.~
~
.
.
.\1 1424
.
Resolution No. P- 88-41
Page 4
STATE OF CALIFORNIA
55.
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-88-41 ,was duly adopted by the City Council at
a meeting of said City ,CounCil held on the 5th day of April
1988, and that it was so adopted by the following vote:
-,
AYES: BRANNON, HIGGINSON, KRUSE, TARZV, EMERY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
" 1 1,/ '" II )u ,t
..! Y'Ll"'L/~~.A... K ,,:-J ,(..v........:-. L..._
Marjorie K. Wahlsten, City Clerk
City of poway
R/R-4-5.2'3-26