Covenant Regarding Real Property 1988-199575
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1948
RECDRDING RElJUEST BY:
CITY OF 'i'CfWAY
mea ,\?R 29 AM 10: sO
WHEN RECDRDED MAIL 'ID:
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CITY CLERK
CITY OF 'i'CfWAY
P.O. OOX 789
'i'CfWAY, CA 92064
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AR
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No Transfer Tax Due
(This space, for Recorder's use)
mvENANr REX;ARDING REAL PROPERTY
parerado properties, a California General Partnership ("CWNER" hereinafter)
is the owner of real property described in Exhibit A which is attached hereto
and wade a part hereof and which is COllll'Only k110wn as Lots 12 through 18 inclu-
sive, of City of PfMay Tract 85-04, Unit 1 ('~'PROPERTY"'hereinafter). In con-
sideration of th", approval of Developrent Review 87~24 by the City of Poway
("CITY" hereinafter), OiVNER hereby covenants and agrees for the benefit of the
CITY, to abide by conditions ,of the attached resolution (Exhibit B).
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.
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CWNER agrees that CWNER' s duties-and obligations under this Covenant are a
lien upon the Property. Upon ,notice and opportunity to respond, the CITY way
add to the tax bill of 0iVNER any past due financial obligation ooing to CITY BY
way of this Covenant.
If either party is required to incur costs to enforce the provisions 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 way
assign to persons impacted by the perfonnance of this Covenant the right to
enforce this Covenant against CWNER.
POMERADO PROPERTIES, a California General
Partnership
Bv: Bothwell International T.tr.,.
CWNER , . /'_ n .) ,/':." . - ,,," /:
lil\Jct3ri~gY'A~ 7~~""l:.>,
Nevi'lle: ,F. Bothwell, General P.artnef"....c,:.- .
By: Techbi onstruction Corp,~'.., ..'~ - - , r'
By: -c,{ /" "
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Dated: April 19.
1988
Dated:
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ang, President
pau'l'"
CITY OF POWl\:
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(No need to , tarize)
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CAT. NO. NN00636
TO 1954 CA (9-84)
(Corporation as a Partner of a Partnership)
STATE OF CALIFORNIA
COUNTY,OF.. San Dieoo
On Aoril 19. 1988 '
said State, personally appeared K
personally known to me or proved ro me on the basis of satisfactory evidence to be the person who executed
the Within instrument as the President, and ________
- - - - - - - personally known to me or proved to me on the hasis of sarisfacW7 evidence
to be thqJerson who executed the within instrument as the - - _ _ _ _ _ _ Secretary of
TechbiJ't Construct j On Corn.
the corporation that executed the within instrument on
behalf of Pomerado Pro pert ie s
the partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that
such partnership executed the same.
WITNESS my hand and official seal.
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1949
!IJ TICOR TITLE INSURANCE
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. bef6fe me, the undersign~d, a Notary Public in and for
(.signature
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7~ ~ ~c;, .i:\:t,~O,'_NNO~?~;
"TO 1955 CA'.(7:....:.S2l
(PartneTship as'a Partn,er of-a Partnership)
'V\IvvtolV'........J' JV-"J-,.WI."\h
o.FFICIAL SEAL I
JEANETTE M, SCHWARTZ
';'.\,ID NOTARf PUBLIC CALIFORNIA
- PRINCIPAl OFFICE IN
,. SAN DIEGO COUNTY
My CommIsSIon ExpIres September 28, 1990
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(This area for official, notarial seal)
"ITITLE.lNSURANCe
;;a AND TRUST
,STATE OF CALIFORNIA
COUNTY OF San Dieqo
On April 19, 1988 before me, the undersigned, a Notary Public in and for
saidSiine,personaUyappeared Neville F. Bothwell
personaUy kno""ri'to me or proyed tome on the basis of satisfactory evidence to be the person_who executed
thewitliminstrumentas ~eneral. pactner otx~of RnthwAll
In~T ;bPl1n 'I _tn
thelp':u'tlll,ts1i.lf,'ihat executed the within instrument, and ~;;'-;:".;E"AY"..."'~'
ackriowledgedto :me, that theyexecut~d the same On JEANETTE M, SCHWARTZ
behalf of Pomerado Propertles, NOTARY PUBliC CAlifORNIA
" " a/pM~f."'and that PRINCIPAL OffiCE IN ..
'saidlast,natried partnecihipexecuted:the same, SAN ,DIEGO COUNTY .~
WITNESS my hand and officia!.sea!: My ~,&!;~SiO ..",Ex.p ..ires _ S ce,~,ternber 28; 1990 ~
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A TlCOA COMPAtN
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(This area for official notarial seal)
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,THI'S.I:AND; 'REFERRED, 'TO' IN milS' REP/if\T IS ,s'r,TUATED' IN THE,STATE"
'f)F;,:~i'L'GF;ORN.ij,';'co0NT,Y)OFj:s'ANL1Qi~~Q::l,~~N(i';'~,s n~iS~)~}i3E[) As FOLL'OWS:
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EOTS;',12 'THR0UGH- 'lS,:'INCLUSJ..VE"",,,OFCIT,Y, "'OF'
Pow'kY"TRAiT'85(.i.iottnriT~'1, ,iN, THE' CITY OF
POWAY, :COUNTi{'0F :SANDIEGOi STATE0F,CALI'FoFmIA;
ACCORDING, ' "r'b'I.flfP 'THERECiF' ,NO.. 1~f7;42,F:iLiD' '
.... < __..' ~'. _ _. _ ._' _ _ ,,:>"_.' ' . . , _.. . . f - - '.
IN "'rcHE ':~:KgfcE~~Q:LJ.Ii.E. COUNTY, RECORDER OF
SAN: DIEGO ,COUNTY'i"~MARCH' 9 ,1987. ,.'
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1951
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RESOLUTION NO. P-88-3l
A ,RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 87-24
LOTS 12 THROUGH 18 OF TM 11742 UNIT 1
WHEREAS, Dev~lopment Review 87-24, submitted by Structureform,
applicant, requests approval for the construction of six industrial
warehouse buildings on Lots 12 through 18 of pomerado Business
Park, Map 1174.2 located at the eastern end of Brookprinter Place,
in the LI (Light Industrial) zone; and
WHEREAS, on March 22, 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 Findings:
The City Council finds that this project will not have signifi-
cant adverse impacts with the exception of those impacts iden-
tified in the Final EIR of the South poway planned Community
for which a statement of overriding considerations was adopted.
Section 2:
Findings:
1. That the praaosed development is in conformance with the
Powav General Plan, and the South Powav Planned Community
Development Standards in that it is a Light Industrial
building designed in accordance with the criteria con-
tained in those documents.
2. That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties, because it adheres to
the area-wide development standards contained in the SPPC
Development Plan.
3. That the proposed development is in compliance with the
Zoning Ord'inance and the South poway Planned Community
Development Plan.
4. That the proposed development encourages the orderly and
harmon'ious appearance of s'tructures and property '..ithin
the City through its consistency with the SPPC plan which
provides high standards for development t.hroughout the
2,,500 acre planned commu'nity.
EXHIBIT B
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1952
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, f'
Resolution No. P-88-31
Page 2
Section 3:
City Council Decision:
The City Council hereby approves Development Review 87-24 sub-
ject to the following conditions:
1. Within 30 days of approval, the applicant shall submit in
writing that all conditlons of approval have been read and
understood and the property owner shall execute a Notice
of Restriction on Real Property.
2. All property lines shall be monumented prior to issuance of
building permits. All existing settlement monuments shall
be protected from damage and preserved for future use.
3. A 30' easement for on-site water and sewer lines shall be
recorded prior to occupancy.
4. Permanent utilities, paved access, and fire protection
services shall all be available to the site prior to occu-
pancy of the building..
5 .
An approved fire sprinkler system will be required within
the building. The entire system is to be monitored by a
central monitoring agency. A system post indicator valve
with tamper switch (also monitored) is to be located by the
City fire Marshal prior to installation.
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6. The proposed resubdivision of the existing lots and the
vacation of the easterly terminus of Brookprinter Place
shall be approved prior to issuance of building permits.
7. The addition of on-site fire hydrants is required. The
location of the hydrants shall be determined by the City
F ire Marshal.
8. A Knox Security System Box and padlocks shall be required
for each building and post rndicat:.or valve.
9. Material Safety Data Sheets shall be required for all
hazardous and/or toxi~ substances used in each building.
10. Fire Department access for use of heavy fire fighting
equipment shall be provided to the immediate job construc-
tion sites at the start of construction and maintained at
all times until constru'c~,ion is completed.
11. Access roadways for fire apparatus shall be designated as
fire lanes with appropriate signs and curb markings.
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1953
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Resolution No, p-88-31
Page 3
12.
The buildings shall be provided with approved automatic
smoke and heat vents as required by code.
13 .
A wildland fuel mitigation plan shall be submitted to eli-
minate any P9tential threat of spread or fire from the
proposed building and the open space easement. This p~an
shall be completed to the satisfaction of the Directors of:
Safety Serv'ices, Planning Ser'vices; and Communi ty Services
prior to building occupancy.
Section 4: City Council Decision:
The City Council hereby approves Development Review 87-24 ,sub-
ject to the following Standard Conditions:
I. APPLICANT SHALL CONTACT TEE DEPARTMENT OF PLANNING AND BUILDING
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. Revised site plans and building elevations incorporating all
conditions of approval shall be submitted to the Planning
Services Department prior to issuance of building permits.
3. Approval of this request shall not waive compliance with all
sections of the Zoning Development Code and the South poway
Development Planv.ol urnes I and II and all other applicable City
Ordinances in effect at the time of building permit issuance.
4. The.trash receptacle shall be enclosed by a 6 foot high masonry
wallwi,th view-obstructing ,gates pursuant-to City standards,~
Location shall be subject to approval ,by 'the' Planning Services'
Department. ' ,
5. All roof appurtenances, including air conditioners, shall be
architectur~lly integrated, Shielded from view and sound buf-
fered from adjacent pr~perties an~ streets as required by the
Planning Services Department.
6. Prior to any use of the pr,oject si,te or business activity being
commenced thereon, all cond,itionsof approval contained herein
shall be completed to the satisfaction of the Director of
Plan~ing Services.
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1954
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Resolution No. P-88-3l
Page 4
7.
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 effect at the time of building
permit issuance.
8 .
Prior to delivery of combustible building materials on site,
water and sewer systems shall satisfactorily pass all required
tests and be con~ected to the public water and sewer systems.
In addition, the first lift of asphalt paving shall be in place
to provide adequate, permanent access for emergency vehicles.
The final lift of asphalt shall not be installed until all
other construction activity has been substantially completed to
the satisfaction of the City.
9 .
For a new commercial or industrial development, or addition to
an existing development, che applicant shall pay development
fees at the established rate. Such fees may include, but not
be limited to: Permit and Plan Checking Fees, Water and Sewer
Service Fees and School Fees. These fees shall be paid prior
Co building permic issuance.
10. Building idencification and/or addresses shall be placed on all
new and existing buildings so as to be plai~ly vi3ible from the
street or access road; color of identificacion and/or addresses
shall contrasc with their background color. The building
address shall also be displayed on the roof in a manner satis-
factory to the Direccor of Safecy Services.
B. PARKING AND VEHICULAR ACCESS
1. Parking lot lights shall be low prejsure sodium and, have a maximum
height of 25 feet from the finished grade of the parking surface
and be directed away from all property lines, and adjacent streets.
C. LANDSCAPING
1. The landscape planting plan shall be revised to the sati~fac-'
tion of the Directors of Planning and Community Services prior
to the issuance of building permits. The cevised olans shall
include a minimum of one tree :or every three parking spaces
within the parking lot area as required by page 39 of the SPPC
Development Plan, Volume Ii. The revision shall also show
landscape fingers in the easterly parking lot and located so
they buffer the view of che bay doors from adjacent streets and
properties.
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1955
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Resolution No, P-SS-31
Page 5
The planting plan for the site shall provide two trees or
shrubs for every 100 square feet of landscape area. All trees
must be 15 gallon or larger i~ size. All shrubs must be one
gallon or larger.
2. A detailed landscape and irrigation plan shall be submitted to
and approved by the Communicy Services Department and Planning
Services Department prior cO che issuance of building permits.
3. All landscaped areas shall oe ~aintained in a healthy and
thriving condition, free from weeds, trash, and debris.
D. SIGNS
1. Any signs proposed for chis development shall be designed and
approved in conformance Nich che Development Plan and Sign
Ordinance.
E. RECREATION - NONE
F. EXISTING STRUCTURES - NO~E
G. ADDITIONAL APPROVALS REQUIRED - ~O~E
II. 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 soils report shall be prepared by a qualified engineer licensed
by the State of California to perform such work at first submittal
of a grading plan.
I. STREETS AND SIDEWALKS
1.. Improvement plans prepared on scandard size sheets by a Registered
Civil Engineer shall oe su~mitted for approval oy the Director of
Puo1ic Services.. Plan chec~ a~d i~spection expenses shall be paid
by the developer.
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1956 i
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Resolution No. P-88-31
Page 6
2.
Street improvements that include, but are not limited to:
X a. Sidewalks X e. Cross gutter
X b. Driveways I . Alley gutter
X c. 'tlheel chair ramps X g. Street paving
X d. Curb and gutter h. Alley paving
shall be construcced prior to the occupancy of the units to the
satisfaction of the Direccor of Public Services.
J. DRAINAGE AND FLOOD CONTROL
1. A drainage system capable of handling and disposing of all surface
water originating within the subdivi~ion, and all surface waters
that may flow onto the subdivision from adjacent lands, shall be
required. Said drainage syscem shall include any easements and
structures as required by the Director of Public Services to pro-
perly handle the drainage..
2. Concentrated floNs across driveways and/or sidewalks shall not be
permitted.
K. UTILITIES
1. All utilities within the oroject shall be i~stalled underground.
2.. Water, sewer, and fire orotection syscems olans shall be designed
and constructed to meet requirements or the City or ?oway and the
Health Department of the County of San Diego.
L. GENERAL REQUIREMENTS AND APPROVALS
1. Prior to occupancy, all dedications shall be made and easements
granted as required above.
APPROVED and ADOPTED by the City Council
State of' California, this 2,2nd day of Marc
City of Po way,
ATTEST:
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Marjorie K.
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\'iahlsten, City
Clerk
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1957
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Resolution No. p-g8-31
Page 7
,STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
I, MarjorieK. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjLlry, that the foregoing
Resol uti()n, No. P-88- 31 ,was duly adopted by the Ci ty Counei 1 at
a 'meeting of said. City Council held-on the22nd day of March
1988, and that it was so ad.opted by the following vote:
AYES:
Brannon, Higginson, Kruse, Emery
NOES:
None
ABSTAIN: None
ABS ENT : Tar zy
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Marjorie K. Wahlsten, City Clerk
C i t Y of PO'.yay
R/R-3-22.11-17