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Covenant Regarding Real Property 1991-0077239 , , .h L '-~:"-;'> "/~' .~. " "', ~ . 1595 DOC" = 1991-0077239 21-FEB-1991 08:23 AM SAH DIEGO COUNTYRECOROER'S, OFFICE AHNETTE EVANS, COUNTY RECORDER RF: 11. 00 ms: Af: 9.00 MF: 1. 00 21. 00 '. " RECORDING REQUEST BY: CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) (This space ,for Recorder's Use) F8" -c 1" WHEN RECORDED MAIL TO: CJ:TY CLERK CITY OF POWAY P.O. BOX 789 POWAY" CA 92064 No Transfer Tax Due COVENANT REGARDING REAL PROPERTY Shell Oil Company, a Delawar,e Co'rporation ( "OWNER II heJ::einafter) is the owner, o:f real property described in Exhibit A which is attached her,eto ,and made a part hereof and which is commonly known, as Assessor '.s Parcel Numoer317,-151-40 ("PROPERTY" hereinafter). In 'consideration of the approval of Conditional Use Permit 89-07 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 resolut-ion (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 In the event that Conditional Use Permit 89-0,7 expires or is reSCinded by City Council 'at. the request of the OWNER, CITY. shall expunge this Covenant ftom the record title ,of the PROPERTY. If either party is required to incur, costs to enforce the provisions of this Covenant, the prevailing. party shall ,be enU tIed to full reimbursement of all costs, including reasonable attorneys 1 f,ees, from the otherpar,ty. The CITY may assign to persons impacted, by the performance of, this Covenant the right to enforce this Covenant against OWNER. Dated: I/)'"b /tit 4.gL OWN (otarize) Fra,chise Holde~, Shell oil Company Dated: q/.UHlr~ /991 I ' CITY OF POWAY .By Pn t", 1~~1:t -tA~ , (No 'need t" Not'a'i:iz'e') . . cl:lRPoRATE ~ 1596 ". '* * * * * .. !'l * * * .. * * * ." * * · .. * * * * * * * * .. .. * * * .. * * .. .. .. * .. * * * * .. * ,.. { State of dJ0.~ ' On this thec13rt& day of crnUJrLu-z 19 U, before me, : n . ) ss. ,. County of0a.n ~\L.<..R'() ) ..----.pHYLLIS. (I,fil2a... 17?fJlV,cUL , ,. : ,. the undersigned Notary Public, personally appeared ,. . ,. . . . ,. ,. . JosePH /I. S"/Lv4 , [i,1 '. ,. . . . ,. '" ,. . ,. . * . .. .-6 peLso!ld:lly MO',m to;) me I'Xf proved to me on the basis of satisfactory evidence to * ~ the person(s) who executed the within instrunent as ,. PeIJNi!,HISE HOt..!:JcR.- or on behalf of the co:q:oration ,. therein narre:i, and acknowledged to me that the co:q:oration · executed it. · ~ my ~d and official seal. : ~l~ ~~ · Notary'~ Signature · .. .. .. .. .. .. .. .. * . * .. * . .. * * ~ .. .. * .. .. *.* * .. * * .. .. .. .. * .. . .. * * .. .. * * * OFFICIAL SEAL PHYLLIS CAROl MANFUL NOTARY PUBLiC .. CAliFORroJiA SAN DIEGO COUNn My comm. expires NQV 29, 1991 .' ('6/84 ) ,:BEGINNING ,AT A POINT IN THE CENTERLINE OFPOMER.AOO ROAD ,('FORMERLY ._ .,'->- ,_....._. ',._,'. . _ _ 'c '_ ~u _ _ _ . .- , - .,'.' - - o~ "'MISS~()NljOAD I-A), AS SHOwN ,ON pLATS THEREOF-ON FILE IN THE COUNTY SURVEYOR'S OFFICE OF SAID COUNTY, SAID POINT BEING DISTANT SOUTH 00 37'20," WEST 100.00 FEET FROM THE POINT OF (INTERSECTION OF SAID CENTER-, 'LINE WITH THE:CENTERLINEOF COUNTY ROAD5URVEY' NO. 987 ; ,THENCE NORTH' ' '89006' 20'"WESTPAP.ALLELWITHSA.ID CENTEP-LINE OF ROAD SURVEY NO, '9817" A IlIST~C~ OF 20.10,0 FEET "~ APOIN.T, ~N 'A ;LINE THAT IS ,pA~I'+:EL -WITH AND InSTANT WES,TERLY 20. OOFEET,MEJ>:SpRED' AT RIGHT ANGLES, FROM ,SAIo. c:ENTERLINE OF. POMEAADO"ROAD TO THE TRUE PQINT OFBE,GINNING; -mENtE' SO@Ho037"20" ,WEST, PARALLELWIT,H SAID CENTERLINE, ,OF!,()MERADO ,ROAD A DISTANCE OF 100',00 ,F.EET;;THENCENOgTH .8~006'ZO" ,WEST ,PARALLEL. WITH SAID CENTERLINE OF ROAD SURVEY NO. 987 AND THE WESTERLY PRO- LON<:;ATION OF,THE TA.~GENTP0RTIoN THEREOF, ,A DISTANCE :OF :I.!l0 .00 nET; THENe::ENORTH 0037' 20''; EAST PARALLEL WITH SAID ,'CENTtRttNE OF POMERADOROAD, ,A'DISTANCEOF 150.00 FEET TO'A POINT 'IN THE SOUTHEm:;y LINE OF THE LAND DESCRIBED IN PARCEL 623':!:'S-'AOF THE DEED TO THE COUNTY - . -- .-- - --'~-- ,,' . . OF SANDt~GO RECORDED ,JUNE 5 , 1963 ,AS FILE NO; 98211 OF OFFICIAL RECORDS, SAID 'SOUTHEro.;YLINE "AT SAIOPOINT BEING,':THE ARC OF A CURVE CONCAVE SOUTHERLY H'A,!:IN~ARADIUS OF 24501.;00,F.HT,ARADIALLINE ' THROUGH SAID POINT BEARS NORTH 0053'25" EAST; THENCE EASTERLY ALONG:S,,!!) ~OUTHERLY LINE THROUGH A CENTRAL ANGLE OF QOOO'IS>1!.N ARC <D:!,STANCE; OF, 0 .18 FEET,; THENCE SOUTH 89006"ZO'" EAST ALONG SAID SOUTHERLY LINE 124.87' 'I"EE'l'TO Tf{E Mosi'wisTERLY CORNE? OF THE LAND DESCRIBED IN PARCEL, 623J!B-D, OF SAID DEED TO .THE COUNTY OF SAN DIEGO; .' ._. __." ". . _ '. < _. .. .. _ ., or. ;' THENCE ,EASTERLY SOUTHEASTERLY AND SOUTHERLY ALONG ,THE SOUTHWESTERLY LINE OF SAID PARCEL 6-23J.i8,-'D,THROUGH A CENTRAL ANGLE OF 89....43'40'" AN ARCDISTA.>lCE OF 39..15 FEET TO A POINT IN THE WESTERLY LINE OF THE ' _'^''''__'~ _. , - ., ",.01.. . _ _ -' .. ->-' ' . -:-- ... . ~ND DESC,RIBED, IN PARCEL. ,62c3,1:?-P OF SAID DEED TO THE COIWTY OF SAN DIEGO;TI1ENCE: SOUTH 00'3.7' 20" ,..'EST 'lI:Lt>N~. ~AIDWESTERLY; L)N); 25.05 FEET ,T0A POINT' I'N A LINETHA'I' IS PARALLEL WITH, SAID CENTERLINE OF, ROAD SURVEY NO.. 987, AND PASSES, THROUGH THE :if'RUE', POINT OF BEGINNING'; THENCESOOTH-S95>06 i iO~';EAST PARALLEl; ,WITH S1I:Iti:CENTERLINEOF ROAD SURVEY; ,NO. 987, A jnST&"ICE OF 30.00 FEET ,TO THE TRUE POINT OF BEGINNING. . "." :~' ~o " ~ . 15. -,<:0 ,: 0' r", 5 en EOULE A.- Continued .;," .;. I "/';' .", ''3. The lmdrefeiTedt.<>in'tl.iapolicyj,.ituaied milie,S~te oi'€aliforni~,Connty oC ,andi8rde.cribedllll followa: SAN DIEGO '5' . .....-_ -.. . - -.. . -. c"fHAT PORTION OF'l'HE' SOUTHWEST QUARTER OF THE !SO[JTHWESTQUARTER OF SECTION14;,TOwNSaIP H SOUTH,' RANGE 2 WEs'B, j;ANBERNARnINO MERI- , D~~ih; )1' THE COUNTY OF iS~ iDIEGO, STATE OF 'CALIFORNIA:, ACCORDING TO" ,~OFFiCIAi... PLAT THEREOF , DESCRIBED AS FOLLOWS': . .'-, " 0", "....., -..; .~: .' 0.' ,,' F [ . 1598 . RESOLf:JTION NO. P-91-01 A RESGLUTION,OF THE CITY' GOUNCIL OF THE CITY, .QF POW,M', CALIFORNIA :APPROVINGCONDITIONJ\L USE PERMIT 89- 0 7 ASSESSOR'S PARCEL NUMBER 317-151-40 WHEREAS, Condit,ionalUse Permit 89-07, submitted by Joe Silva, applicant; requestsapprov:al of the expansion of the snack shop at 12'365 poway Road; and ' WHEREAS, on January 8, 1991, the city Council held a hearing on the above-referenced item. ' NOW, THEREFORE, the City Councll does hereby resolve as follows: Section 1 : Environmental Findinqs,: The Ci~y Council finds that thi,s project will not have a significant adverse impact on th,e envir.onment and hereby issues a Negative Declaration with. mitigation measures as contained in the conditions of approval and identified with an asterisk. Section 2: Findinqs: 1. The proposed proj ect will be consistent with the existing general pla[l and there is a reasonabl'e probability that the project will be consistent with. the proposed general plan. 2. That the location, size, design, and operating characteristics of the ptoposed use will be compatible wfthand will not adversely affect or be materially detrimental to adj acent uses!, res'idents, buildings, structures, or natural resourtes, in that the service station is an established existing use which has successfully operated on site for more than ten years. 3. That, the scale ,bulk , coverage, and density is consistent w,ith: adj acent uses, in that all dev:elopment standards of the Zoning Development Code are met. The proj~ct will meet the applicable prope!:"ty development standards for off-street patking, setbackS, lot coverage, and building height. 4. 'That there are avaiIablepubHc facilities, services, and utiTf,Ues.to serve the proposed uS,e as,a,1'l facilities and ,se'rvfces can be pro\> i'dedfoi thr;ough the cond'i tions of approval, -' ... r r , 15~99 . Resolution No. P- 91-l11 Page 2 5. That therewi.llnot be a harmful effect upon desirable neigtlborhood characteristics, in that lighting, signing, and architectural design shall be regulated through the review process. 6. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that a condition of approval will requ,irethe payment of Traffic Mitigation, Fees'i as well as provisions of required off-street parking and elimination of one driveway cut. 7. That the site is suitable fOJ; the type and intensity of use and development proposed in th~t th~ site is located ina CG zone which permits the"operation of service stalions when regulated by a -conditional use permit. 8. That there will not be significant harmful effects upon the environmental quality aflC]: natural resources,; in that the recovery of spilled fuel is underway al1d presently satisfies the requirements of reguiatory agencies. 9. That there are no other relevant pegative impacts of the proposed use that cannot be mitigated. 10. 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 development. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 89-07 subject to 'the following conditions: 1. W,i:thin 30 days of approval (1) The Applicant sha'll submit inwi::i ting that all conditions of' approval have 'been read and 'uhde'rstood'; ,and (2) theproper,ty owhe'r sh'all execute a Covenant on Real Property. 2. The use conditionally granted by this permit shall not be conducted in such a manner as' to interfere with 'the reasonable use and enjoyment of surrounding residential and commercial uses. APPLICANT .9HAfLgO~~CT THE, DEpARTMENT OF P~ING SERVICES BEG1\RDIN<:; COMPL'['ANCE WITH THE FOLLOWING CONDITIONS: . ~,;. F t . . 1600 Resolution No. P- 91-01 page 3 SITE DEVELOPMENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Revised site plans 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 all other applicable City Ordinances in effect at the time of building permit issuance. 4. Pr.ior to any use of the proj ectsite or business activity being commenced thereof, all condit'ions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 5" 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 applicable codes and ordinances in effect at the time of building permit issuance. 6. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. LANDSCAPING 1. A detail'ed landscape 'and irrigation plan for those areas shown as modified by this project shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. 2. All landscaped areas shall be maintained in a heal thy and thriving condition. free from weeds, trash, and debris. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOi.LO>HNG CONDITIONS: F' I . 1601 . Resolution No. P- 91-01 Page 4 GRADING * A ,geotechnical report shall be prepared by a qualified ,engineering geologist, as well as a monitoring and recovery program acceptable to state and County regulatory agencies for the long terro clean up solution to soil and water contaminat~on originating on this site. STREETS AND SIDEWALKS *,1. The easterly driveway. along poway Road that is proposed to be closed' shall be rep:Laced with concrete curb, gutter, and sidewalk per City Standards. 2. All dama'ged off-site public works facilities shall be repaired or replaced 'prior to exoneration of: bqnds and improyements, to the satisfaction of the Department of Engineering Services. 3. Prior to any work being performed in the public right-of-way, a right-of-way permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any other permits re~ired. The completion thereof shall be done prior to issuance of a certificate of occupancy. "4. The developer shall pay the Traffic Mitigation Fee at the established rate prior to building permit issuance. DRAINAGE AND FLOOD CONTROL Concentrated flows aCross d'riveways an'd/or sidewalks shall not be permitted. UTILITIES Water, sewer, and 'fire protectiofl systems plans shall be designed' and constructed to meet requirements o,f the City of poway arid the County of San IliElgo Department of Health. APPLICANT SHALL CONTAcr THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE: 'WITH THE FOLLOWING CONDITIONS: 1. Roof, covering shall meet Class A fire retardant testing as specified in the Un'iform Building Standards No. 32-7 for fire retardant roof covering 'materia'1s, per Ci ty of poway Ordinance No. 64. 2" The build:ings ,shall display their numericadd'ress in a manner visible from the access street. Building addresses s'hall also be displayed on the roof in a manner satisfactory to the Director of Safety Services. Minimum size of building numbers is 18 inches on facade of b~ilding, .' F 1 l___ ',;; ~., 4..:1 '. 160~. . 3. Resolution No. P-91-01 Page 5 Material Safety DataSl1.f?et:s shall 'be requited for all hazardous and/or toxic substances used in each building. 4. An Emer,gency Contingency plan and Hazardous Materials Disclosu're is required to be filed with the County of San Di~go Departmeht of Health and copies provided to ~he Fire Department. 5. ,A Knox' Box security syst~m shali be, provided meeting 'Department o{ Safety Services requirements. GENERAL REQUIREMENTS AND ApPROVALS 1. Permits ,from Sa,!}', Diego County Environmental Health Services will be required. ' 2,-. An'anhua'l review'by the Ci:ty Council shall be required for', a period of five years ,in order ,to d~termine that compliance with these conditi!ons have been. and continue to be met . After five years, SeC;,ti'on 17..48.140 of the. Munic~pal Codes,hall apply with annual review by the Director of Planning Services. If the permit is not in compliance with the cOr'ldi tions or, approval ,or complaints are received, a public he'aring would be set before the City Council 3. At least one restr'oomshall be kept clei?n and in good and shall be permanently available for; public use. extent feasible, this restroom shall be modIfied requirements fo~ ~andicap access and ~se. ,repair To the to meet 4. The owners and operators of the project shall comply with all orders and requir~ments of regulato,ry agencies concerning' any hazardous materials contamination inl10lv ing this site,.. APPROV:ED and ADOP'I:ED, .by'the City Counci'l of the City of Poway, 'tote 6f ColH6mio. thi, eth de, of conuo? >on /.\ _.~ \-- -, 'I d.'::--.' V& ( l~ ' . JafJ GOl~S\ith. Mayor AT1EST: I .'~ } :!I:L '-..~~ ;~,,_ ~ ,/ \ :~\ .~:<'l !'l~~.. _: MarjDrie K. Wahlsten, ~ity Clerk F l , ...."..7-: . STATE OF CALIFORNIA r ) SS. r COUNTY OF SAN DIEGO 1603 . Resolution No. P- 91-01 Page 6 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~91.Ql , was duly adopted by the City COllnc,il at a meeting of said City Council held on the lith day of _ January ,1991, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE REPORT\CUP8907.RES \. . I ) oJ "'\(l/- J,...,"( i< :.).1.- Ct iL"::::C", c Marjorie K. wahlsten, City Clerk City 6f_poway