Covenant Regarding Real Property 1991-0105229
~
t/
J;:' ~- . DOC. = 1991-0105229
'?'~" '\ ll-MAR-1991 08:16AM
SAN DIEGO COUNTY RECORDER'S OFFICE
RECORDING REQUEST, BY:) ANNETTE EVANS ,COUNTY RECORDER
) 12.56' RF: 9.00 FEES: 17.00
CITY OF POWAY )' AF: 7.00
WHEN RECORDED MAIL TO: ~ MF' L 00
)
CITY CLERK )
CITY OF POWAY )
~.O. BOX 789 )
__ _ ' ~~WAY, CA 9206 4 ~" ~ ~
No Transfer Tax Due ) (This space' for Recorder-' s Use) '\ \
COVENANT REGARDING REAL PROPERTY
CLERCO, INC., a Cali{ornia Corporation (" OWNER" hereinafter)
is the owner of real property described in Exhibit A, whiCh is
~~, attached hereto and made_a part hereof and which is commonly known
'I ~ as Assessor's Parcel Number 320-03l-03 (npROPERTY" hereinafter).
'" OWNER acknowledges that the PROPERTY is presently leased to CalMat
I) Co", a Delaware Corporation ("PERMITTEE" hereinafter) for the
purpose of operating a sand and gravel e,xtraction, and concrete
manufacturing operations. which operation is conduc::ted pursuant to
. County Special Use Permit P73-130M3W. OWNER further acknowledges
that in consideration of the extension of County Special Use Permit
P73-l30M3W by the City of Po way ("CITY" hereinafter), PERMITTEE
agrees for the benefit O.fthe 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.
,
~, In the event that County Special Use Permit P73-130M3W expires
, or is rescinded by City Council at the request of the OWNER, CITY
shall expunge this Cov,enant from the record title of the PROPERTY.
If either . party is ):'equir",d to incur costs. to enforce the
'provis'fionsofthis Covenant,' ,the prevail'ingparty shall be entitled
to, fll'l.lreimbursem'ent o'f all costs ,including reas~na le attorneys'
fees, from thecitherparty"
> Dated: } /::)' /; 90 ,
D- Dated: U' ~!>',\ ~
I (Notarize)
Dated: J~. l'{,f99o CITY OF POWAY
By 7?:~ b)~ -{/~+Yn^
( No need to Notarize)
,. ."
~ ?
. .
!~~Jy'IQUAL.4.CI(N~WLEDGMENT 1257 " NO. 201
.
,State of California }ss On th,s the ~ day of November 19~, before me,
.
County of Los An.gplps
: the unders'gned Notary Public, personally appeared
J
\/ ~ /' , , Gene R. Block
I g OFFICIAL SEAL ! ~ personally known to me
-~l .~ o proved to me on the basis of satisfactory evidence
. ., f ", ~I!I.SA A, BRUGMAN
\ ' ;
lj' ~ i ,'..,'~~)2~1 r-iCl~'JJ r-UELlC - CALlr;-ORi\J1A to be fhe person(s) whose name(s) subscribed to the
, "'~ ~"~ LC~ A':G~LES COUNTY within instrument, and acknowledged tha.t executed it.
! ~J~~~;m'_2~~_:~':'~~ _;:__~~
WITNESS my hand and official seal.
~f4-.J tl. ~~
Notary's Signature,
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
THIS CERTIRCATE Title or Type of Document
i"
, MUST BE ATIACHED Number of Pages Date of Document
. TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than NamedAbove
\ 7100-109 @ NAT10NAL NOTARY ASSOCIATlON .8236 Remmel Ave.' P.o. Box 7184. Canoga Park, CA 913:)4-7184
, STATE OF CALIFORNIA }s
I COUNTY OF San Dieoo
, .
.'
I :1 On fhis 16 day of November , 'n the year 19 90
I before me, the unders'gned, a Notary PubliC In and for sa,d State, personally appeared
I
I R W MAtz Sr.
and
. OFFICIAL SEAL , personally known to me
,-,..' "'. MARGARET R, FARR (or proved 10 me on the basis of satisfactory evidence) to be the persons who executed the
; II) ': NOTARY PUBLIC. CAlIFmm:A
II ~ SAN QIEGO COUNT( Within Instrument as President and
;~: ~ 'F' MyComm.ExpifesAUg:31, 1~~3 . " Secretary,
. 'J respectrvely, 01 fhe CorporatIOn therein named, and acknowledged to me fhat the Corporafion
" . executed It pursuant to Its by-laws or a resolution of its board of directors.
r
I > WITNESS my hand and off,cial seal.
ACKNO.WLE~GMENT--,Corp,-Pres. & Sec_-Wrnc01\S corm 222CA Rev.'11.83 OVL.
I
I (fJ1S83 WOlCOTTS. INC. (pricecla~58'2)
" ~
. ~
.., . .
f -, ,
... .,.. .
~'. ..
. LEGAL DESCRIPTION 1258
~
CLERCO PROPERTY
ASSESSOR'S PARCEL BOOK 320 PAGE 031 PARCtL 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,
LYING NORTHERLY OF THE NORTHERLY BOUNDARY OF RECORD OF SURVEY MAP NO. 6420, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1964.
EXHIBIT A
<~'~:"'",. , 1259
,'i~ ~,
f.,' RESOLUTION NO. P~90~70
,,;. A R.. E_S.O.L. U.TION OF.,TtI,E:Q;I:TY;, 9q.9~~. I....~ ,
OF THE CITY OF POWAY,CALIFORNIA
, ~ A~PR6VING ,AN. EXTENSI0N OF .COUNTY
SPECIAL USE PERMIT P-''73-130M3W
ASSESSOR'S PARCEL NUMBERS 320-031-03,04,06
WHEREAS, the extension of CountySpec;ial Use PermitP-'7.3-
130M3,W, G::,alMat-Poway i applicant., for. the} pl,lrpose .of ,continu1'ng 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 ha.lf and .a portion of the east ha1f of the
northeast qUarter of Seiction 25, Township 14. SOllth" Range 2 West,
San Bernardinp Meridian, regularly came before City Council .for
public hear'ing and, action on September 18, 1990; and
WHEREAS, the Director' of Planning Services has recommended
approval of the extension of the County' speci:aluse permi,t s'ubj ect
to all conditions set for,th in the Planning Services Department
report; and
WHEREAS, the City Co:uncil has read and,. considered said. report
and has considered other ev1'dence presented at the public hearing.
(NOW, THEREFORE, the City Council of the City of poway does
hereby resolve as follows:
Section l: Environmental Findinqs:
'l
The City Council finds that a Final Subsequent EIR (SCH
#89010025) for the subject property was certif.ied by the City
Council on August '7, 19.90 by Resolution No. 90-163. This
document is adequate for consideration of the proposed
extension of thE'! existing special use permit which was
i:lpproved by the G::ounty of San Diego in 1973 and extended in
1975.
Section 2::' ,Findings::,
The Ci ty. Council makes,..the following findings in regard to the
extension of county special use permit P~'73-1:30M{W.
1. The extension of this conditional ,use permit for
six months 1's compatible with the South poway
planned Community.
2. Complete findings for, the new conditional use permit will
-, . . --, '" ," '.' - . ,,- - .-- ., ..,'. , .
be made as part of the Mar,ch 5, 19.91 rehearing. '
3.. Additional and revised cohdit'ions are propose'dto. addres's
issues of compatibility with the surrounding ne~ghborhood
,. and land uses.
EXHI:BlrS
>,
.".'. '12' ,
.;i"-'-", 60
- '.
Resolution No. p_90-m
[. Page 2
section 3: City Council Decision':
The City Council hereby approves the extension of,County
:Special Use Perrnit P-73-130M3W subtect to the fol'16w:ing
;conditions:
Within 30 days' of approval: (l) The applicant, shall submit in
writing, that ,all conditions of approval have been read and
,understobd,;clJid (2) the property owner' shall execute.'a
,C6venan'ton Real Pro'perty.
L ComplylI1fth a.rI c<::mditions, gf thesPElcial use petmit,
attached, as, Exh:Cbi t A, except as modified by Conditions
2, through 6.
2. The Cadillac Fairv'iew stockpiled material be processed
first.
3. CalMat sha'll not .disturb any of the property currently
unmined, in order to facilitate' the springtime biological
.'. survey.
[ 4. Implementation of Reclamation, Plcm 89,-05. shall be held in
'. ' abeyance?1i,ththe exception that, Ca'tMat, shall post' ,'the .'-
bond r,equired thereby (by Condition No . 1 on Page 3 of
Resolution No. 90-164) not later thaho'ctober l6, 199.0.
5.. Hou'rs of ope rat Jon 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: 0'0 p. m. .Monday -
Saturday..
'6('0 1;hed.esighof the,.haul ;road shall lJe ,submitted for plan
chec'kirig6ri. 01' before Janua,ry 21, 1-991."
APPROVED ahd ADOPTED by the City to.un~il of the City of. P6way,
State of California, this 18th day qf. September, 1990.
8'~
' .
\ " ' . ...~. "-
,: ~,.-~::', :.-
,D,qn ;Higgiris ; Mayor
ATTEST: '"
1<7U~fc
Wahl'sten, City Clerk
-
" . -'.. . .
<.~' ]~'~~. . 1261
,
'. \ >
Resolution No. p- 90- 70
F P"ge 3
STATE OF CALIFORNIA }
} ss.
80UNTY OF SAN DIEGO )
I, Marj or ie K. wahlsten, City Clerk-Clfthe- City of- PClway~' 'do
hereby' certify, under the perial.ty of perjury., that the foregoing
Resolution, No. P-90-70 , was duly adopted by the City Council
at a meeting of said GUy ,Co,uncil held on the 18th day of Se.p.t.emb..er
1'990', and that ,it was so adoptedby the followirigvote:
AYES: BRANNON, n1ERY, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: GOl D5M ITH
[ ~~ ~. ~IUMW V:,."
Marjorie K. Wahlsten, City Clerk
Ci ty ~ poway
REPORT\CALMAT.RES
'- -