Covenant Regarding Real Property 1991-0261700
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04-JUN-1991 08:15 AM
RECORDING, REQUEST BY') SAH DIEGO COUNT'( R~CORDE~:~S DF~!CE
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CITY OF POWAY ) RF: 8,00 FEES: 15,00
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WHEN RECORDED MAL L TO:) ne: 1. Ou
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CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
)
No Transfer Tax Due ) ( This space' for Recorder's Use) '/'I'i
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.. COVENANT REGARDING REAL PROPERTY lIP P
, CLERCO, INC., a California Corporation ("OWNER" hereinafter) '// 0A
i's the owner of real propedy described in Exhibit A which is )j
attached hereto and made a part hereof and wl),ich.is commonly known
as Assessor's Parcel NUl11ber 320-031-03 ("PROPERTY" hereinafter).
OWNER acknowledges that the PROPERTY is presently leased to CalMat
Co., a Delaware Corporation ("PERMITTEE" hereinafter) for the
purpose of operating a sahd and gravel extraction, and concrete
manufacturing operations which operation is conducted pursuant to
County Special Use PermitP73-130M3W. OWNER further acknowledg!"s
that in consideration of the extension. of County'Special Use Permit
P73-,130M3W by the ,City of poway ("CITY" hereinafter), PERMITTEE
,agrees: for the benefit'of the CITY, to abide by conditions of the
attached resolution (Exhibit B).
This Covenant shallr~n with the land and be binding upon and
i~ure to the benefit of the future owners, encumbrancers,
successors, heirs, personal representatives, transferees and
assigns o'f the respective 'parties.
In the event that County Special Use Permit P73-130M3W expires
or is rescinded by City Council at the requ~st of the OWNER, CITY
shall expunge this Covenant from the record title of the PROPERTY.
If either par.ty is required to incur costs to enforce the
provi::honsofth.1!s Covenant, the prevailing, party shall be entitled
.to ..full Teimbursem",nt of all costs, including reasonable attorneys'
fees, from the other party.
Dated:
Dated: __ m;a~ IiJ!i~~~\~,;t>Vl\t
(Notarize)
Dated: JJ(fU.lJltX/' C(qj CITY OF POWAY
By ~ ~iiia - ~~~
. ( No need to otariz) .
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" ' 767
LEGAL DESCRIPtION
CLERCO PROPERTY
ASSESSOR'S PARCEL BOOK 320 PAGE 031 PARCEL 03
THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP
14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF.CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
L YlNG NORTHERLY OF THE NORTHERLY BOUNDARY OF RECORD OF SURVEY MAP NO. 6420, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN OlIGO COUNTY, JULY 8, 1964.
EXHIBIT A
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768
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- STATE OF CAUFORNIA f"
COUNTY OF Snn Die.go (INDIVIDUAL)
I
I On" this ~ ~day ur~May . 19 -9..,lbeIore me, the undersigned, a Notary Public in and for said
County, personally appeared * * R~'i....M.a.:t.z.....SL. **
I t
personally known to me, or proved to me on the basis of satisfactory evidence
'"
'" to be the pt'rson(s) whose name(s) is/are subscribed to the within iilstrument,
'" ~:''u~N-.h''V',f'r^/\lYr!'''''af" .....~~d\l~
J: and acknowledged to me that he- executed the same~: 0 ZJ "",-.. ~
Of" . ~~."".'o >, FFk,JAL SEAL
Witness my od and official seal. "'i~ 4,r'-i~(c', G~! ',T;'G1r-1C M f"O'=F :a
",~~~.,,~ ,,-, ..._....,.~ o,~'- . _.. 1).... .
~~ l:i( l'.:.~,;.. ".-;.,~ I'JU AI~Y r'IJDLlC .. Cf,W-URN!A ~
,,~ '\ \J~;;:"~.~.:? !'RiNC'!PJ\L OFfi\~E IN
~ '-..<~0-~'?'l ,;. S!\N DIEGO COUNTY '<I
~ M,' Commission Elipires June 28. 1991 ~ ,
"1I'\l\lV,r.,~l;;I':i\r.':J'::>~~i!'~'\n:."'d~ntP..~d\"V\A/i
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" , Coff
~'- Name (Typed or Pnmed)
(This area for official notarial seal)
r \ '... 3403 {R6/82)l
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)(:fI:: )t' ... .. . * * * * * * * * * * * * * * * * * * * * * * * * * * '*
* "j State of r;:Jlifnrnia On this the 14 day of May 19 2..L, before me, *
* J ss. *
* County of Los Angeles ) *
,
* the undersigned Notary Public, personally appeared *
* *
* Gene R. Block *
,
* *
* Uil personally known to me *
* OFFICIAL SEAL *
* NILSA A BRUGMAN o proved to me on the basis of satisfactory evidence *
Notary PubUc-Calltornla
* LOS ANGELES COUNTY to be the person (s) whose narre (s ) subscribed *
* My Commission El!plrlll to the within instrument, and ac:knowledged that *
* March 22. 1994 executed it. *
* WI'INESS my hand and official seal. *
* ~/Ja ~~ ."
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~, Notary's Signature "
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,*~~ * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * *****,:
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769
RESOLUTION NO. P'-91-19
~' A RESOLUTION OF THE CITY COUNCIL
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.c". OF THE. CITY OF POWJ\Y,CALIFORNIA
-' APPROVINGAN,: EXTEN~I:ON OFCClUNTY
SPECIAL USE, PERMIT P-73-130M3W
ASSESSOR'S PARCEL NUMBERS 320-031-03,04,06
WHEREAS, the extension of County Special Use Permit P-73-
1)OM3W', CalMat-poway, applicant, for the purpose of continuing the
aggregate operation on the real property situated in the City of
Poway, County of San Diego, State of California, described as a
portion of the west half and a portion of the east half of the
northeast quarter of Secti9n 25, Township 14 South, Range 2 West,
San Bernardino Meridian, regularly came before City Council for,
public hearing and action on March 12, 1991; and
WHEREAS, the DireCtor of Planning Bervices has recommended
approval of the extension of the County special use permit subj ect
to all conditions set forth in the Planning Services Department
report; and
WHEREAS, the City Council has read and considered said report
and has considered other, evidence presented at the public hearing.
l NOW, THEREFORE, the City Council of the City of poway does
herf?by resolve as follows.:
Section 1: Environmental Findinqs:
The City Council finds that a Final Subsequent EIR (SCH
#S9010025) for the subject property was certified by the City
Council on August 7, 1990 by Resolution No. 90-16.3.. This ,.
document is adequat'e for consideration of the proposed
extension of the existing special use permit which was
approved by the County of San Diego in 1973 and extended in
1975.
Section 2: Findinqs~
The Ci ty Council makes 'the following findings in regard to the
extension of County special u~e j:lermitP-73-130M3W.
1. The extension of this conditional use permit for
five months is compatible. with the South poway
plahned Community, is consistent with the existing
general plan and there is a reasonable probability
that the project will be consistent with the
proposed general plan.
2. Complete .findings for the new conditional use permit w.ill
be made as' part of the June IS, 1991 rehearing or
alternate date to be determined on March 12.
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Resolution No. P-91-19
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3 . The additional and revised conditions of Resolution P"'90-
70 (extending the special use permit from Octob~r 17,
1990 to Marcli 22, 1991) are to be continued with this
resolution to address issues of compatibility with the
surrounding neighborhood and land uses.
Section 3: City Council Decision:
The City Council hereby approves the ~xtension of County
Special Use Permit P-'-73-130M3W until August 22, 1991 subj ect
to the following conditions:
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
Covenant on Real Property.
.
1. Comply with all condi tions of the special use permi.t,
attached as Exhibit A, except as ,modified by Conditions
2 through 6.
[ 2. Continue to process the balance, of the 300,000 cubic yard
Cadillac Fairview stockpiled materiaL No new excavation
is allowed until the Council takes action at the
rehearing for the conditional use permit.
3. CalMat shall not disturb any of the property currently
unmined in. order to facilitate the springtime biological ..
survey. The survey is to be conducted by May IS, 1991 by
a qualified biologist chosen to the satisfaction of the
Director of Planning Services.
4 . Implementation of Reclamation plan 89-0S shall be held in
abeyance until final action on Conditional Use Permit 89-
OS.
S. Hours of operation shall be limited to:
Monday - Friday 6:00 a.m. - 6:00 p.m.
Saturday 8:00 a.m. - 6:00 p,m.
Maintenance activities must cease at 9:00 p.m. Monday -
Saturday.
6 . The alternate design for the haul road shall be submitted
for plan checking on or before. May 31, 1991.
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771
Resolution NO, P-91-19
I~ PC!ge 3
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, APPROVED and ADORTED. by the City Council City, of Poway,
state of California, this 12th day of Marc , L~
'th, Mayor
ATTEST:
ill ? Utb)0,~
Wahlsten, City Clerk
STATE OF CALIFORNIA 'j
) ss.
COUNTY OF SAN DIEGO )
I., Marj orie K, Wahlsten, City Clerk ,of the City of Po way , do
l herel:Jy certify, under the penalty of perjury., that the foregoing
Resolution, No.. P.c9.1.-19. , :was duly adopted bt' the City Council
at a meeting of said Ci.ty Council held on the 2th day of March
1991, and that it was so adoptedby the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE ,.
ABSTAIN: NON E.
ABSENT: NONE
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'Marj orie\,K. Wil.hlsten, City Clerk
Ci ty of Boway'
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REPORT\4CALMAT.RES