Covenant Regarding Real Property 1988-199576':'
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)<OCORDING REl;)UEST BY:
CITY OF PCfflAY
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WHEN REX:ORDED r'1AIL 'ID:
CITY CLERK
CITY OF PCfflAY
P.O. OOX 789
POWAY, CA 92064
Il~'11
No Transfer Tax Due
(This space ,for Recorder's use)
~ RmARDING REAL PROPERTY
'Lucky I'sstores Inc. ("CWNER" hereinafter) is the owner of real property"com-,
rronly known as Assessor's Parcel Nmnber 317-490-79 ("PROPERTY" hereinafter). In
consideration of 'the approval of Minor Conditional Use Permit 88-02 by the City
of poway ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit
of the CITY, to abide by conditions of the attached resolution (Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
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 bill of OWNER any past due financial obligation owing to CITY BY
way of this Covenant.
If either party is required to incur costs to enforce the prOV1Slons of this
Covenant, 'the prevailing party shall be entitled to full reimbursement of all
costs, including reasonable attorneys' fees, from ,the other party. The CITY may
assign to persons impacted by the perforITBIlce of this Covenant the right to
enforce this Covenant against OWNER.
Dated: April 4, 1988
laware corporation
. Huss, vice President Real Estate
Southern California Division
Dated: .y-/-Y-';>,f"
CITY OF PCfflAY
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D:NOR-3-29.1
CORPORATE ACKNOWLE,:OGMENT
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State of
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County of
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C' t 95 9
NO. 202
Onthis the 4th day of
April
198.JL, before me,
Jan Deane Kruger
the undersigned Notary Public, personaily appeared
Chris J. Russ
W personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
California Division or on behalf of the corporation therein
named, and acknowiedged to me that the corporation executed it.
WITNESS my hand and official seal.
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Vice President Peal Estate, So..
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OFFICIAL SEAL
JAN DEANE KRUGER
NOTAl1Y PUE'IfA;b~iFORNIA
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7120122
" f'JotilfY'S Sign
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NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd, . P.O. Box 4625. Woodland Hills. CA 91364
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RESOLUTION NO. P-88-35
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OFPOWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 88-02
ASSESSOR'S PARCEL NUMBER
WHEREAS, Minor Conditional Use Permit 88-02, submitted by
ENVIPCO California, Inc., applicant, requests approval to locate
three reverse vending recycling machines at the entrance to
Foodbasket, 12648 poway Road, in the CG (Commercial General zone;
and
WHEREAS, on March 29, 1988, the City Council held a duly adver-
,ti'sed, publ,ic ,hear.i.ng ,to, ' soJ..-ic it, comments from the public, bci'th pr'b
and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Findings:
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 uses, residents, buildings, structures, or
natural res,ources, because it is an extension of the
retail commercial activity already present on that site.
2. That the harmony in scale, bulk, coverage, and density is
consistent with adjacent uses, becabse the exterior of the
buildings will not change, the recycling center will be
located next to the main entrance of the store.,
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3. That there are available public facilities, services, and
utilities, because the use will be associated with an
existing commercial building and center.
4.
That there will not be a harmful effect upon desirable'
neighborhood 6haracteristics, in that all surrounding land
uses are of' a commercial nature.
5. That the generation of tra~fic 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 it is in a
commercial location with an existing parking lot and the
machines are intended to serve the needs of the patrons of
the center.
"EXHIBIT A"
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Resolution No. P"i.l8-35
Page 2
7.
That there will not be :significant harmful effects upon
environmental quality and natural resources. Installation
of the machine complex is an attempt to reduce litter and
volume of trash in landfills.
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 of
poway General Plan for future as well as present develop-
,ment,., , ,_'__
Section 2: City Council Decision:
:
The City Council hereby approves Minor Conditional Use Permit
88-02 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 a,nd the property owner shall execute a Notice
of Restriction on Real Property.
2 .
The applicant will provide the City with a copy of the
State license permitting operation of the subject
recycling center.
3. A trash container shall be positioned next to the recycling
center so as to provide patrons an opportunity to dispose
of trash.
4. The applicant shall ensure that the recycling containers
are emptied on a regular schedule.
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" " 5.. "The- re'cyc:lhigcenter"'shalr be op'er'ated and supervised in ,a
manner to ensure that the area is well-maintained and
litter-fre~ at all times.
A. SITE DEVELOPMENT
1. Approval of this request shall not waive compliance with all
sections of the Z6ning Development Code and all other aopli-
cable City Ordinances.
2. Prior to any use of the project site or business activity being
commenced thereon, all condi t'ions of approval con ta i ned ,he rei n
shall be completed to the satisfaction of the Director of
Plann~ng Services.
B. PARKING AND VEHICULAR ACCESS - NONE
"EXHIBIT A"
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Resolution No. P-88-35
Page 3
D.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance and the
Comprehensive Sign Program for the Foodbasket Center.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 29th day of March, 1988.
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ATTEST:
JJ\Q'L.\~ II.( )U~{'-\~
Marjorle K. Wahlsten, City Clerk
STATE OF CALIFORNIA
ss.
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-88-35 ,was duly adopted by the City Council at
a meeting of said City Council held on t.he 29th day of Marc'h
1988, and that it was so adopted by the following vote:
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AYES: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY
NOES: None
ABSTAIN: None
ABSENT: None
R'/R-3-29.1-3
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Marjorle K. Wahlscen, City Clerk
City of poway
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"EXHIBIT A"