Covenant Regarding Real Property 1988-236614
IP'fJ~,
~c:_;. ~'
~ - .,-.
.;.:.:,..,,'A .'
,
'<....
;. .
...~
~'l
.
I
.
_ v
1480
'6<6
,~_ 2 3 6 61_~,
'" If"{-: r'~," ,~ .. .
)-#'1' . '.':t,: ,j,fl
r./. ll' t :Cf#' )' ..::. I.,;:; ':~(1
.t'jt~' ~;".~':.> !H;', r "~' 'I .
'-"', '~\~V',q. __r~ 1.,'..,- ~ 1..'..\,
"
RECDRDING REJ;;!lJEST BY:
CITY OF POWAY
iO~" ";V I a D>' I' r:~
..;-....=\.1, ;:;"y . ...J r f~ . ~'t.
I d~~/jl~, h~~;;';~[~H j
WHEN REOJRDED MAIL 'II:):
CITY CLERK
CITY OF POWAY
P.O. OOX 789
POWAY, CA 92064
,No Transfer Tax Due
(This space for Recorder's use)
,
CXlVENANl' REX;ARDIJ'oK; REAL PROPERTY
Gateway Medical Building Joint Venture ("0tINER" hereinafter) is the owner
of' real property described in Exhibit A which is attached, hereto and rrad~ ,apart
hereof and ,which is CClITUTi:>nly krioWn as Lots 1, 2, and 3 of City of PowayTraCt
84-03 ("PROPERTY" hereinafter). In consideration of the' approval of Developrent
Review BB-04 by the City of Pr:May ("CITY" hereinafter) " 0tINER hereby covenants
and agrees for the benefit of the CITY, to abide by conditions of the attached
resolution (Exhibit B).
This Covenant shall run Wi th the land and be binding upon and inure to the
benefit of the future owners, encwnbrancers, successors, heirs, personal
representatives, transferees ,and assigns of the respective parties.
OWNER agrees that 0tINER,1 s duties and obligations under this Covenant are a
lien upon the property. Upon notice and oppcirtuni ty to respond, the CITY rray
add to the tax bill of 0tINER any past due financial obligation owing to CITY BY
way of this Covenant.
If either party is required to incur costs to enforce the provisions of this
Covenant, the prevailing par.ty shall be entitled to full reimburserrent of all
costs, including reasonable attorneys I fees, from the other party. The CITY rray
assign to persons impacted by the performance of this Covenant the right to
enforce this Covenant against 0tINER. AL,"/J/ ".:..- ,/.."L..,
~~o/JJJdlr,u lha7cUiy Vd4'rr~
Dated:~ /:<. /9 rr 4- />/5 e::~ ;2e''''lIAU'~ .ac. / '*Mf/Aj GeJ./~
0tINER .;lfI. ~ cl~A-~1, -r,(.u/~...~ ;
(Notanze)
bated:
CITY OF POWAY
By PJr.b./ ?J~d- -7tX~~
(No need. to N rize)
D:JIOR-4-12.3
STATE OF CALIFORNIA }SS
COUNTY OF
1-
-;:
" iJ
OFFICIAL SEAL
CYNTHIA A. ALGEO
Notary Public-California
SAN DIEGO COUNTY
My Comm. Exp. Mar. g, 1990
CORPORATION ACKNOWLEDGMENT
Manager or Officer
Form No. 15 &!Y.7-82
.
.
"
1481
~:~~~i~~;~~:'an~'~:~~=~'~:~~t~':~'~~~~~~r:::;:::~:: J
...t'\~r:L ...~k:!~~~..... '''..., ..........m ......
___n_ ___un. __on ___nu.'._nn_ ____un_nn _un_ un_n_____n_ noon
proved to me on the basis of satisfactory evidence to be the person..._.. who executed
the within instrument on behalf of the Corporation therein named, and acknowledged
to me that such Corporation executed the within instrument pursuant to its By,
laws or a REsolution of its Board of Directors,
Notary'SSignature",~",~--"""
u'n_n un__n_ l
I
,
<. 1-
"":r~"
~,.
,
i.
-" 1482
.
~'.
Grantee's heirs and assigns, the following dE':"" , iupo property
which is situated in the County of San Diegc" Stale of
California:
Lots 1, 2 and 3 of CITY OF POWAY TRACT 84-03, in the City
of Poway, County of San Diego, State of California,
according to Map thereof No. 11187, filed in the Office of
the County Recorder of San Diego County, April 3, 1985..
This conveyance is made and accepted subject to all
matter~ of record as shown in the official records ~f the
Office of the County Reccrder of San Dieyo County which
include, without limitation, the interests created by Grantor
,by reason of the following:
( i )
fiscal year
not yet due
those certain general and special
1987-88, including special district
and payable,.
taxes for the
levies, a lien
(ii) that certain lien of supplemental taxes, if any,'
assessed pursuant to the provisions of Chapter 3..5 (commencing
with Section 75) of the Revenue and taxation Code of the State
of California.
(iii) that certain easement and right of way for the
construction and maintenance of underground communication
circuits and necessary above-ground structures as well as
various open space" water line, drainage, sewer, fire land and
private access easements as granted to Pacific Telephone and
Telegraph, by instrument recorded July 31, 1981 as File
No. 81-242793 of Official Records and as dedicated upon the Map
filed therewith.
"
,
(iv) those certain covenants, conditions and
restrictions for ArchitectuI'al Review and Control as contained
in Declaration recorded August 11,1987 as File No. 87-452037
of Official Records.
,"
\,
(v) that certain Agreement for reciprocal easement
(ingress and egress) dated July 27, 1987 by and between
MOUNTS/REI, a California general par,tnership and Grantor
recorded August 11, 1987 as File No. 87-452038 of Official
Records.
(vi) that certain Deed of Trust dated Augusf 3, 1987,
by and between Grantor (Trustor), Burlington Financial
Services, Inc., a California corporation (Trustee) and ~idwest
Pacific F,inancial, Inc. (Beneficiary), to secure an
indebtedness of $1,,753,500 and any other amounts as therein
-2-
10/26/87:263
4463R
~---~ ,.
- ;', - ,;:
J.~~~"r :,'.:~
~:"
..~,
"
r
.
.v 1483
.
RESOLUTION NO. P- 88- 50
~
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW '88-04
ASSESSOR'S PARCEL NUMBER 275-780-01, 02, 03
WHEREAS, Development Review 88-04 submitted by Dominy-Cecil
Associates, applicant, requests the construction of a 63,800 square
foot medical office complex on 4.56 acres at the northeast corner
of Pomerado Road and Gateway Park Drive, located in the CO
(Commercial Office:) zone; and
WHEREAS, on April 12, 1988, the City Council held a duly adver-
tised public hearing to solicit comments from the publi'c, both pro,
and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findings:
The City Council finds that this project will not have signifi-
cant adverse impact on, the environment and hereby issues a
Negative Declaration with the mitigation measures noted in the
Initial Study.
Section 2: Findings:
1. That the proposed development is in conformance with the
poway General Plan, in that_the General plan designates
the site for commercial office development.
2. That the proposed development wiil not have an adverse
aesthetic, 6ealthJ safety, or architeCturally related
impact upon adjoining properties, in,that the proposed
buildings are architecturally compat,ible 'wi ths'urrounding
commerciiH developments, and the recjufred improvements
will protect the public health and safety.
3. That the proposed development is in compliance with the
~oning Ordinance, 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 Poway's character.
\'
.
.u 1484
.
.". '-.
"
,-
r
Resolution No. P- 88-50
Page 2
Section 3: City Council Decision:
The City Council hereby approves Development Review 88-04 sub-
ject 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
Notice of Restriction on Real Property.
2. Pursuant to Government Code 53080, a school fee of $.25
per 5quare foot for commercial development will be
required.
Street Improvements
1. The existing driveway on Pomerado Road into the develop-
ment shall be replaced with concrete curb, gutter, and
sidewalk to City's specification.
2.. New driveways to the site shall be constructed per City of
poway standards. Alley-type driveway return shall be
built in that entrance off pomerado Road.
Water
1. The water system within Lots 1, 2, and 3 that was designed
for Tract 84-03, in which this project is a part of, shall
be completed prior to issuance of a Certificate of
Occupancy.
2. Should there be a change in the water system design due to
possible re-routing of lines and/or additional main lines
for ,fire hydrants if required by the City Fire Marshal, a
water system analysis may be required to be prepared.
Cos,t of the analysis shall be paid by the applicant upon
demand by the City.
Miscellaneous
1. All new water main lines, sewer main lines and public
drainage lines to be constructed, if any, shall have an
easement, a minimum 20 feet wide for each easement, to be
executed and recorded prior to issuance of a Certificate
of Occupancy.
~
"
,
r 2 .
[
.
- \i 1485
.
Resolution No. P-88-S0
Page 3
All existing water main lines, sewer main lines, and
public storm drainage lines that are to be replaced due to
relocation caused by building pfacement shall have the
prospective easements vaca'ted prior to issuance of a
Certificate of Occupancy.
3. Lots 1, 2, and 3 of City of Poway Tract 84-03, Map No.
11187 shall be merged prior to building permit issuance.
4.
Improvement plans shall be prepared on standard size mylar
sheets (24" x 36") by a State Registered Civil Engineer
for the construction of new wate~lines, sewer lines~ and
storm drainage lines. It shall be submitted to the Ci ty"\S
Public Services Department for -re'viewand approval prior
to building permit issuance. Plan check and inspection
expenses shall be paid by the developer.
,
A Standard Agreement for the' construction of said improve-
ments shall ,11so be executed by the developer prior to
building permit issuance.
Construction of' said improvements shall be completed prior
to issuance of a Certificate of Occupancy.
5 .
Notice is hereby given to the developer, its successors
and assigns that the City reserves the right to restrict
left turn traffic from the development out to pomerado
Road.
6. A bus shelter or bus bench shall be provided according to
guidelines' to be established by the City Council.
Safety Services
Applicant shall contact the Department of Safety Services
regarding compliance with the following conditions:
1. Two fire hydrants shall be placed at the following loca-
tions to the satisfaction of the City Fire Marshal:
a. Driveway entrance at P6merado Road
b.. Landscape finger at the northeast corner of the
building.
2. Addresses shall be visible from the street. Roof numbers
shall be per Department of Safety Services specifications..
3. A Knox box security system and Knox locks shall be
installed to the satisfaction of the Fire Marshal.
'.
.
... 1486
.
,
Resolution No. P- 88-50
Page 4
r
4 .
The entire interior of the building shall be protected by
an automatic fire sprinkler system.
5. Fire sprinkler system post indicator valve (PIV) and Fire
Department Connect (FDC) shall be located to the satisfac-
tion of the City Fire Marshal.
6. A tamper switch shall be installed on the PIV.
7. Designated fire lanes shall be properly marked and signs
provided as required by the Department of Safety Services.
8., Material Safety Data Sheets (MSDS) shal'l De provided'f.or,
all hazardous fuaterial or toxic substances within the
building comple~.
APPLICANT SHALL CONTACT rHE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the con-
ditions contained herein.
2. Approval of this request shall not waive compliance with all
sections of the Zoning Development Code and all other appli-
cable City Ordinances in effect at the time of building permit
iSSUance..
3. Trash receptacle ~hall be enclosed by a six foot high masonry
wall with view-obs,tructing gates pursuant' to City standards.
Location shall be subject to approval by the Planning Services
Depar,tmen t.,
4. All roof appurtenances, including air conditioners, shall be
architecturally integrated, shielded from view and sound buf-
fered from adjacent properties and streets as required by the
Planning Services Department.
5. Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval contained herein
shall be completed to the satisfaction of the Director of
Planning Services.
6. The applicant shall comply with the latest adopted Uniform
Building Code. Uniform Mechanical Code. Uniform Plumbing Code,
National Electric Code. Uniform Fire Code, and all other appli-
cable codes and ordinances in e~fect at the time of building
permit issuance.
..' ,",
.
."1487
.
Resolution No. P-88-50
Page 5
7. Prior to delivery of combustible building materials on site,
water and sewer systems shall satisfactorily pass all ~equired
tests and be connected to the public water and sewer systems.
In addition, the fiist lift of asphalt paving shall be in place
to provide adequate, permanent access for emergency vehicles.
The final lif,t of asp,halt shall not be installed until all
other construction activity has been substantially completed to
the satisfaction of the City.
8. For a new commercial or industrial development, or addition to
an existi~g development, the applicant shall pay development
fees at the establ,ished rate. Such fe"es may include"but no,t,
'be limi ted to:: permi t and Plan CheCkin'g Fees, Water and :Sewer
Service Feesand Traffic Mitigation Fee. These fees shall be
paid prior to building permit issuance.
9. This approval shall, become null and void if building permits
are not issued for this project within one year from the date
of project approval.
10. Building identificat,ion and/or addresses shall be placed on all
new and existing buildings so as to be plainly visible from the
street or access 'r,oad; color of identi fica tion and/or addresses
shall contrast with their background color, and shall be
painted on the roof so as to be visible from the air, to the
satlsfaction of the Director of Safety Services.
B. PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall consist of a minimum of one
fifteen (15) gallon size tree for every three (3) parking spa-
ces. For par,king lot islands, a minimum 12 inch wide walk
adjacent to parking stalls shall be provided and be separated
from vehicular areas by a 6 inch high,' 6 inch wide portland
,concrete cement curbing.
2. Parking lot lights shall be low pressure sodium and have a
maximum height of eighteen (18) feet from the finished grade of
the parking surface and be directed away from all property
lines, adjacent streets and residences.
3.. All two-way traffic aisles shall be a minimum of 24 feet wide
and emergency access shall be provided, maintained free and
clear, a minimum of 24 feet wide at all times during construc-
tion in accordance with Safety Services Department require-
ments.
4. All parking spaces shall be double striped.
r
"
.
vii 1488
.
Resolution No. P- 88-50
Page 6
C. LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to
and approved by the Public Services Department and ,Planning
Services Departmen~ prior to the issuance of building permits.
.2. All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris,
3. A Master Plan of the existing on-site trees shall be provided
to the Planning Services Department prior to the issuance of
building permits and prior to grading" to determine which t'rees
shall be retained.
D. SIGNS
Any siqns proposed for this development shall be designed and
approved in con.formance' wi th the Sign Ordinance.
E. RECREATION - NONE
F. EXISTING STRUCTURES - NONE
G. ADDITIONAL APPROVALS REQUIRED - NONE
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. GRADING
1. Grading of the subject property shall, be in accordance with the
Uniform Building Code, City Grading Ordinance, approved grading
plan and geotechnical report, and accepted grading practices.
2'. A sofls report shall be prepared by a qualified engineer licensed
by the State of California to perform such work at first sub-
mittal of a grading plan.
4. A geological report shall be prepared by a qualified engineer
or geologist and submitted at the time of application for
grading plan check.
"
.
_01 1489
.
Resol.ution No. P- 88- 50
'Page 7
5.
The final grad,ing plan shall be subject to review and approval
by the 'Planning Services and Public Services Department and
shalt be comple,t,e.cJ. prior to recordation of the final sub-
division map or issuance of building permit, whichever comes
first.
,6"
A pre-blast surVey of surrounding property shall be conducted
to the satisfaction of the City Engineer prior to any rock
~b;Jfa<st:Lng. Seismic recordings shall be taken for all blasting.
Blasting shall occur only at loc'ations and levels apptovedby
the City Engineer and only if necessary when determined during
grading operation.
I.
STREETS AND 'SIDEWALKS
1.
Street improvements that include, but are not limited to:
~
X a. Sidewalks e. Cross gutter
X b. Driveways X f. All.ey gutter
X c. Wheel chair ramps g. Str,eet paving
X d. Curb and gutter X' h. Alley paving
shall be constructed prior to the occupancy of the units to the
satisfaction of the Director of Public "Services.
2. All damaged off~site oublic works facilities, including parkway
trees, shall b,e repaired or reolaced prior to exoneration of
bonds and improvements, to the satisfaction of the Department
of Public Services.
3. Prior to any work being performed in the public right-of-way, a
public works perin'it shall be obtained frc;>m the Public Services
,off ice and appropriate fees paid, in addition, to any otl1.er per,-
mlts, required.
4. The developer shaTl pay the Traff icMi tigation Fee,.
J. DRAINAGE AND FLOOD CONTROL,
1. A drainage system capable of handling and disposing of all sur-
face'water originating within ,the subdivision, and all surface
waters that may flow onto the subdivision from adjacent lands,
shall be required. Said ,dr,ainage system shall include any
easement's and structures as required by the Director of Public
Services to properly handle the drainage.
2. The Master plan Drainage Fee if not paid in conjunction with
TM 84-03 shall be paid at the established rate in accordance
with the Drainage Ordinance prior to building permit issuance.
"
.-'
.
<
r 3 .
.
d, 1490
.
Resolution No. P-88-50
Page 8
Reciprocal access and maintenance and/or agreements shall be
provided insuring access to all parcels over private roads,
drives or parking areas and maintenance thereof to the
satisfaction of the Director of Public Services.
K. UTILITIES
1. All proposed utilities within the project shall be installed
underground including existing utilities along Circulation
Element roads and/or highways less than 34.5 KV.
3. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
4. Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City of
poway and the Health Department of the County of San Diego.
5. Prior to acceptance of property for sewer service, annexation
to the sewer improvement area shall occur.
6. The applicant shall pay for a water system analysis to
establish the proper size and location for the public water
system. The amount '.~ill be determined by the cost of the ana-
lysis and shall be paid upon demand by the City. Should new
water mains be ne~ded, a~ improvement plan shall be prepared
and submitted to che City for review and approval.
7. The applicant shall, ~ichin 30 days after receiving approval of
the tentative tract map, tentative parcel map, use permit, or
development review, apply for a Letter of Availability (LOA) to
reserve sewerage availability and post with the City, a nonre-
fundable reservation fee equal to 20% of the appropriate
sewerage connection fee in effect at the time the LOA is
issued.
8. Developer shall construct a light system conforming to City of
poway Standards at no cost to the public, subject to the
following:
a. Cut-off luminaries shall be installed which will provide
true 9D degree cutoff and prevent projection of light
above the horizontal from the lowest point of the lamp or
light emitting refractor or device.
b.
All fixtures shall use a clear, low pressure sodium vapor
light source.
--
..., . .~,
,
r
.
vU 1491
.
Resolution No. p- 88-50
Page 9
c.
Advance energy charges and District engineering charges
shall be paid by the developer.
d.
Annexation to the lighting district shall be accomplished
and evidence of annexation shall be accomplished at the
time of final inspection or certificate of occupancy,
whichever occurs first.
NOTE:
Street lights are supposed to be installed per improvement
plan of TM 84-03.
9. Cable television services shall be provided and installed
underground. The developer shall notify the Cable company when
trenching for utilities is to be accbmplished.
L. GENERAL REQUIREMENTS AND APPROVALS - NONE
APPROVED and ADOPT,ED by the City Counci 1 of the Ci ty of Poway,
State of talifornia, this 12th day of April, 1988.
~
ATTEST:
1!\)A,\L I{, )U~0 ~
Marjorie K. Wahlsten, City Clerk
\..-
r "
"",
" ' .'
;
.
[
.
.U 1492
.
Resolution No. P-88-50
Page 10
STATE OF CALIFORNIA
55.
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Po way, do
hereby certify, under the penalty of perjury, that the foregoing
Res'olution, No. P-88-50, was duly adopted by the City Council at
a ,meeti ngof said City CounciL held_an_the, 12thday_ of_April, ,_,'
1988, and that it was so adopted by the following vote:
AYES: BRANNON, HIGGINSON, KRUSE, EMERY
NOES: NONE
ABSTAIN: TARZY
ABSENT: NONE
";,.'\ '/' C> [' ~ .J--
,I JlCLt..\L .l.(,),;!i:.'t.:'-Li"...-
M~~jorie K. Wahlsten, City Clerk
ci.ty of poway
R/R-4-12.14-18E