Covenant Regarding Real Property 1991-0077239
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DOC" = 1991-0077239
21-FEB-1991 08:23 AM
SAH DIEGO COUNTYRECOROER'S, OFFICE
AHNETTE EVANS, COUNTY RECORDER
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RECORDING REQUEST BY:
CITY OF POWAY
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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reSCinded by City Council 'at.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
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OWN (otarize)
Fra,chise Holde~, Shell oil Company
Dated:
q/.UHlr~ /991
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CITY OF POWAY
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(No 'need t" Not'a'i:iz'e')
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cl:lRPoRATE ~ 1596
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{ 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 ,.
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JosePH
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.-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. :
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Notary'~ Signature ·
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OFFICIAL SEAL
PHYLLIS CAROl MANFUL
NOTARY PUBLiC .. CAliFORroJiA
SAN DIEGO COUNn
My comm. expires NQV 29, 1991
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,: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;
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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. .
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5 en EOULE A.- Continued
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''3. The lmdrefeiTedt.<>in'tl.iapolicyj,.ituaied milie,S~te oi'€aliforni~,Connty oC
,andi8rde.cribedllll followa:
SAN DIEGO
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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': .
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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,
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Resolution No. P- 91-l11
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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:
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Resolution No. P- 91-01
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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.
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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:
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Resolution No. P- 91-01
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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,
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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 /.\ _.~
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JafJ GOl~S\ith. Mayor
AT1EST: I
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MarjDrie K. Wahlsten, ~ity Clerk
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STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
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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
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Marjorie K. wahlsten, City Clerk
City 6f_poway