Covenant Regarding Real Property 1988-162421
;6~- ':''' . 88 162/1 if
~, . 1668
.j , r--,-
", , ".,.!.!:,COllrJ1"C /11--'
~';, . '. "to , 1 ,> , ~ J .
... : "r;J~ t I.""";;ll Hr:COIiO~
" r ',' I" .....~_ ,~ ~ ..
-REmRDING RmUEST BY: ''4' -,,,.: ,jr>-F" r~;Hlr'(, -!
0- ) H.' ''-'_'I I .t!l.
) t:i6a, APi? - 8 All Q, ~5
'.. CITY OFPCIilAY ',,"'"' " )"
r <\':..!o ;. J: ... ~ .-: . t v'L
., ,.,,~~ '!r-":!~4'f""; " ',)':~ ,--,t-." . ,,'..,. , '
,,-.' L ~',Vf'r,l -~., 1 \~.
"...." ", .",. _ ~tV..A"'4-r: c' ___ _ , <'", i<-"\f.. ~." ", '" ,'" . ~', '-. :... r f ,f.
WffEN'tujXXlRDEDoMAIL 'ID: ) , ,- t.!JIJ.~ I f ;'r('o-:n'~
. __",/ "'., l\!.-:t
) ./ / ;/
CITY CLERK ) '" .,/. _.-
CITY OF PCIilAY ) RF
P.O. lOX 789 ) AR ~
PCIilAY, CA 92064 )
) MG ...........
No Transfer Tax Due ) (This space for Recorder's use)
CXJVENANl' REX;ARDING REAL PROPERTY
Saraston Develoj:flent ("CNVNER" hereinafter) is the owner of real property
described in Exhibit A which is attached hereto and nade a part hereof and which
is' ccmiOnly known as Parcel 4 of Parcel Map 1081, filed in the office of the
County Recorder of San Diego County r on November 2 r 1972 r as File No. 294333 r in
the City of PcMay, County san Diego, State of California ("PROPERTY"
hereinafter) . In consideration of the approval of Conditional Use Permit
87-01TE by the City of PowaY ("CITY" hereinafter) r CNVNER 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
" benef i t of the future owners r encumbrances ,successors, heirs r personal
representatives, transferees and assigns of the respective parties.
CNVNER agrees that CNVNER' s duties and obligations under this Covenant are a
lien upon the Property. Upon notice and opportunity to respond, the CITY nay
add to the tax bill of CNVNER 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
Covenantr the prevailing party shall be entitled to full reimburserrent of all
costsr including reasonable attorneys' feesr f the other /. The CITY nay
assign to persons impacted by the perfonz this Cove the right to
enforce this Covenant against CNVNER.
..1 S R TON
/.
,~, Dated: ~h~fff
~[ .
Dated: '/1" /~r CITY OF PCIilAY
By /;1; .lAA.. W :u~ ~
-/~
(No need to Notari )
C:NJR-3-15.2
,
. .
I
r-'-:A~.'NO. N~~~":::~.<~'Y !:-.~I..,. >:,::"i,:'::~~:y,::i' ~('>.~ '~"~::j. .-,~-:-.;.:;!:..~)r;~:"7--:-: .. -
TO 2.954 CA (1-831 . .
16'69. I
(Co~",tion.. a Pmner of a Partnenhip) "J \.. ,
I
STATE OF CALIF RNIA , } ss. I
COUSTY OF I
On .;>? before m . the undersigned. a Notary Public in and for
said Sute. personally appeared i
personally known to me or pro~ed [0 me on is of satisi.a.aory evidence. to be the: person who executed I
~ th~_within instrUment as the ~ President. and
",4
-' personally known to me or proved to me on the basis of satisfactory evidence
'thin inso:u ent the Secret.ry of
.
,
I
( Signature (This .uea (or official notariaJ seal)
I
.
I
-- .-.. _..
. ,
"';~g TICOR TITLE If .~RANCe - . 1670 I.
'.
.
.'
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY" OF'~AN DIEGO, AND ~~ DgSCRIBED AS FOLLOWS:
PARCEL 1 :'--- -- ---''---- - ---- ---~--
'-------.
--------....:..-....
----------- ----- ---
-- , --...........
'PARCEL 4 OF PARCEL MAP 10Bl, FILED IN THE OFFICE OF THE COUNTY RECORDER,
/,OFSAN,DIEGO COUNTY, O~ NOVEMBER 2. 1972, AS FILE NO. 294333, IN THE CfT'!
,OFPOWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. , ' _--,-------
"'--.- ____________ _ .. __,,,..-- u__,._,_"
PARCEL lA:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER,UNDER, ALONG AND AqROSS
A S:tR'ip OF LAND 40. DO FEET IN WIDTH LYING WITHIN THE SOUTHEAST QUARTER OF
THE "SdUTHEASTQUAR'TEROF THE NORTHWEST ,QUARTER OF SECn.O~ 18i, TOWNSHIP 14,
SOUTH, RANGE 1 WEST, SAN .,BERNARDINO MERIDIAN, IN THE, CHY QF POWAY, CQUNTY
OF SAN DIEGO, SAN DIEGO, ACCORDING TO OFFICIAL PLAT THEREOF, THE
SOUTHEASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY POINT IN PARCEL 4 OF SAID PARCEL MAP 10Bl,
BEING A POINT ON THE ARC OF A 550.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, IN THE NORTHWESTERLY LINE OF THAT PORTION OF COUNTY ROAD
SURVEY NO. 944 (KNOWN AS PbWAY ROAD) AS DESCRIBED INDEED TO THE COUNTY OF
SAN DIEGO, RECORDED JULY 25, 1963, AS FILE NO. 130248, A RADIAL LINE OF
SAID CqRVE BEARS SOUTH 36055'00" EAST TO SAID POINT; THENCE ALONG .SAID
NORTHWESTERLY LINE, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A.
CENTRAL ANGLE OF 06036'00", A DISTANCE OF 63.36 FEET.
PARCEL 2:
THE NORTH 95.00 FEET OF THAT PORTION OF THE SOUTHERLY 132.50 FEET OF THE
NORTHERLY 265.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION lB, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, I,N IHI:.:CITY OF POWAY ,IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING' TO OFFiCIAL PLAT THE~EOF, LYiNG WEST.ERL.Y.OF ,.
, THE CENTER LINE O'F' THE COUNTY ROAD AS DESCRIBED IN DEED TO THE C(IUNTY " 01;'
~AN DtEGO, RECORDED JUNE 21, 1944, As DOCUMENT NO. 45592, IN BOOK 1686,
iP)\GE 415 QF OFFlpAL RECORDS AND SHOWN ON MAP OF ROAD SURVEY NO. 944,
, FiLED IN THE DFFICE. OF COUNTY SURVEYOR OF SAN DIEGO COUNTY.
.. EXCEPTING THEREFROM THE WESTERLY 315.00 FEET THEREOF.
PARCEL 2A:
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE. EA$TERLY LINE OF THE WESTERLY 315.00
FEET OF SAID SOUTHEAST QUARTER OF THE SQUTHEAST QUARTER OF THE NORTHWEST
QUARTER DF SAID SECTION 18 WITH THE SOUTHERLY LINE OF THE NORTHERLY 227.50
...............'.,.. n:ftl"'r: '" EXHIBIJ A
'" ~',: 1671
~ TICOR TITLE If -tkJRANce r.'"
.
FEET OF SAiD SOUTHEASJQUt.RHR OF THE. S()UTHEAST QUARTER OF THE NORTHWEST
QUARTER; THENCE E.l>:STERLYAlONG THE SOUTHERlY LINE OF SAID NORTHERLY 227.50
FEET TO AN INTERSECTION WITH THE CENtER liNE OF COUNTY ROAD AS DESCRIBED
IN .PEED TO THE COUNTY OF SAN 01 EGO, RECORDED ,tUNE 21, 1944 I N BOOK 1'61:16,
PAGE 415 OF OFFICIAL RECOR.DS AND AS SHOWN ON MAP. OF ROAD SURVEY NO. 944;
THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, A DISTANCE OF 25.00 FEET;
THENCE NORTHWESTERLY IN A STRAIGHT LINE, TO THE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF THE NORTHERLY 132.50 FEET OF THE SOMTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 14
-.' - .. . . - . ."
SOUTH, RANGE 1 WEST, SAN BERN~.RD!NO MERID!.4N, IN THE CITY POWAY, COUNTY OF
?A.N D1E(lO, ACCORDING TOOFFIGIAL PLAT THEREOF, HING WESTERLy OF THE
CENTER LINE OF THE COUNTY ROAD AS DESCRIBED. IN DEED. TO THE, COUNTY OF SAN
DIEGO, RECORDED JUNE 21, 1944 AS FILE NO. 45592 OF. OFFiCIAL RECORDS, AND
SHOWN ON MAP OF ROAD SUR~~Y NO. 944, ON FILE IN THE OFFICE OF COUNTY
SURVEYOR OF SAN DIEGO 'COUNTY.
EXCEPTING THE WESTERLY ~15iOO FEET THEREOF.
EXHIB IT A
.~ . . ' 1672
· RESOLUTION NO, P-88-28
i( A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 87-01TE
DEVELOPMENT REVIEW ~7-01TE
ASSESSOR'S PARCEL NUMBER 323-190-21, 22, AND 66
WHEREAS, Conditional Use Permit 87-01TE and Developmerit Review
87-01TE submitted by' Saraston Development Company, applicant,
r.equests approval of a one-year time extension for CUP 87":01 and .a
six-month time extension fQr DR 87-01 to allow the constructioh of
a 90~952 square foot mini-storage facility in the MS (Manufacturing
Service) zone which LS located in the 14200 block of poway Road.
\'1HEREAS, on March 15,1988, the City Council held a hearing on the
above-referenced item.
NOW, THEREFORE, the city Council does hereby resolve as
follows:
Section 1: Find~nqs:
Conditional Use Permit 87-01TE
1. That the location, SLze, design, and operating charac-
teristics of the proposed use will be compatible with and
(will not adversely affect or oe materiallv detrimental to
' adjacent uses, residences, bUildings, str~ctures, or
natural resources.
2. That the harmony Ln scale, oul~, coverage, and density is
consi~tent with adjacent uses 10 that the proposed
buildings are architecturally compatible with surrounding
commercial uses.
3. That there are available public facilities, services, and.
utili ties.
!
4. That there will not be a harmful effect upon- desirable(' ,
neighbdfhood dhai~cteristics in that the required concrete
'oldck wall along the westerly property line will buffer
the project's activities and buildings, from adjacent resi-
dential uses.
5. That the gene~ation of traffic will not adversely imoact
the surrounding streets arid/or the City's Circulation
Element in that the proposed use i~ a storage facility.
This type of use generates less traffic than other commer-
cial uses.
6. That the site 1S suitable for the. type and intensity of
use or development which LS proposed in that all develop-
~ ment standards will be met through project construction.
EXHIBIT B
, .
,- . 1673
-
" Resolution No. P-88-28
. .
-( Page 2
7. That there. will not be signif.icant 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 through the paYl11\"nt
of mitigation fees, the construction of the concrete block
wall, the landscaping, and the enhancement of buildingst'o
complement adjacent development.
9. That the impactsr as descr i bed above" and the location of
the proposed use will not adversely affect the City of
poway Gen'eral Plan for ru.ture as well as present develop~
ment.
10. The applicapt has fulfilled the requi remen ts for granting'
the time extension. The grading plans are ready to be
issued, the building permits are ready to be issued and
the required deposit to retain the LOA is paid.
Development Review 87-01TE
l. That the propo~~d development 1S in conformance with the
poway General Plan, 1n that the General plan designates
C the site for manufacturing service development.
2. That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties, 1n that the proposed
buildings are architecturally compatible with surrounding
commercial developments, and the required improvement will
protect the health and safety of adjoining properties.
3. That the proposed development is in compliari'ce with the
Zoning Ordin~nce, inthat'all development standards will. I
be met through project construction.
i
. the ordei:'ly and'., ,",
,4., That the, .proposed development encourages
harmonious appearance of structures and property within
the City,' in that the pto~oied building will incorporate
archi t,ectural details, cea teria Is, and colors that will be
complementary to Poway's rural character.
5 . The appiicant has fulfilled the requirements for granting
of the time extension as noted under Condi tion No.. 10 or
conditional use findings.
l
"- <\ . . . 1674
, - Resolution No. p-88-28
~ Page 3
Section 2: Environmental Findings:
On March 17, 1987 a Negative Deplaration was issued in conjunc-
tion with the approval of this project. Granting the time
extensions does not change the enVironmental impacts asso-
ciated with development of the site. The existing Negative
Declaration satisfies the requirements of CEQA. .
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 87-01TE
and Development Review 87-01TE subject to the following con-
ditions:
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. Prior to March 17, 1988, the applicant shall pay $lr200,
to retain ~he existing Letter of Sewer Availability.
C. 3. Within 30 days of approval or the time extension all
structures on the site sharI be removed. to the satisfac-
tion of the Director of Safety Services. Demolition, and
any other applicable, permits shall be obtained from the
Building Safety Division as required.
4. Prior to commencement of construction activities, improve-
ments shall be made to the surrounding area as needed to
ensure safe ingress and egress to the site. ,~!qu~red '
improvements may> include street' im'provements ,adjacent to
properties other than the subject parcels and/or removal
'or trimming o'f"plants not on the 'SUbject parcels.
5. All conditions of City df poway Resolution p-8i-ll shall
apply.
6. Conditional Use Permit 37-01TE shall exoire on March 17,
1989 ~hd no further time ~xtensions may be granted by the
Council. Development Review 87-01TE shall expire on
September 17, 1988 an~ one additional six month time
extension may be granted by the Council. An application
for a time extension shall be sbbmitted 90 days prior to
expiration of DR 87-01TE.
i
'--
..
" :........ .
. , .
'. 1675
-
.
.
,
.. Resolution No. P- 88-28
;[ Page 4
APPROVED AND ADOPTED by the City Council of the City of Poway,
State of Cali fornia i this 15th day of March, 1988.
Z .,;/ /
"~_/c~:r
// '
- - " -.~
"',.. -y : ~t;"~C"(:j",--_;
Robert C. Emery, MaY9!:_<-
~ '
t
ATTEST:
-,',"\, I ' .'
, / . ,I"~, "{" ,. . , I..:L :'-- -.',. \-
Harjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
( I, Marjorie K. Wahlsten, City Clerk of tohe City of Poway, do
hereby certify, under 'C.he !Jenalty of perjury, that the foregoing
Resoluti.on, No. P-88-28 , ',..;as duly ado!Jted by the Ci ty Counc il at
a meeting of said City Council held on the 15th day of 1-larch ,
1988, and that it was so ado!Jted by the follo,...ing vote:
AYES: Brannon, Higginson, Kruse, Tarzy
NOES: Emery
ABSTAIN: None
ABSENT: None
. '.- -.....~.- ','-'.- .
Marjorie K. i-iahlsten, Ci.ty Clerk
City of poway
R/R--3-15.25-28
(,