Covenant Regarding Real Property 1989-039105
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
0ITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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No Transfer Tax Due
(This space for Recorder's use)
COVENANT REGARDING ,REAL PROPERTY
. .. '__'U',. ,_, '"," . .,-- Pomerado
Properties a general partnersh,ip ("OWNER" herei.nafterl is the owner of real pro-
perty described in Exhibit A wh-ich'is attached hereto and made a part hereof and
which is commonly known as Assessor's Parcel Numbers 317-.223-27 and 317-223-28
("PROPERTY'! hereinafter), In c-onsideration of the approval Of Development
Review 87-16 Time Extension 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 resolution (Exhibit B).
This Covenant shall run w,rth the land and be binding upon and inure to the
. benefit of the future owners" encumbrancers, successors, hei rs ,personal
representatives" transferees ~nd assigns of the respective parti~s.
In the event that Development Review 87-16 Time Extension expire or are
resci.nded by City Council at the. re quest of the OWNER, CITY sha 11 expunge thi 5
Covenant from the record ti tl e' of the PROPERTY.
If either party is required to incur costs to enforce the provisions of this
Covenant, the prevai Hng party shall be entitl.ed tofu.ll reimbursement of all
costs, i nc1 udi ng reasonab 1 eatto.rneys' fees, froin the other party. The CITY may
assign to persons impacted by the performance of this Covenant the right to
e~force this Covenant against OWNER. '.' " . _ ,'"
POMERADO PROPERTIES, a California-
. - . Gener'aJ.-A;a::'t-.'1ership
nstru-ction;:Cor : ' / '. - ~
Dated:
Januar-v
10. 1989
B : Techb
O~~V- -:<_.
(Not , - .K Tchang, P:i?8sTdent -::- ,:
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By: Bothw Q) nternatlon,}:':lf-M:~: -...->."'.--
R~' ~ C7~fI>~-'~L.. 7-:A'~'
, OW ER Neville F, Bothwell, GeneJ?al
(Notarize)' Partner
Dated:
January 10, 1989
Dated: January 3, 1989
CITY OF POWAY
By t: l #fJ~1t - (A~aA)-1:~A
( 0 nee ~'!o 'Nota!,' ze
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EXHIBIT "ip'
2093
LEGAL DESCRIPTION
The land referred to herein is situated in the State of
Cali fornia, County of San Diego, and is de'scribed as follows:
l7arcelL An undivided one half (1/2) interest in Parcels 1
through 4' of Parcel Map No. 5750, filed 'in the Office of the
County Recorder, March 31, 1977 as File No. 77-118268 of
Official Records, being a portion of the Soul,heast qCJarter of
the Southwe'st quader bf Section 19 and the' Northe'asT quarter
.01ftne Northwest ,quarter of Section 30, townsnlp 14 Sout'h,
range 1 west, S'1n, Ber/lardinao base and meri,dl,'1n, in the City of
Poway, C,our]ty of San DIego, State of California" according to
of fidal plat the reof, and
Parcel 2. An undivided one half (112) int'etest in Lots 12
throl'Jgh 18inclusive,af'!d 29 and 30, in the City of Poway,
Count,y of San Diego, State 'of California,according to Map
there~f No. 11742, filed in the Office of the ~ounty Recorder
of San Diego County, Matth ~, 1987.
loge,ther with nonexclusive easements for pu'rposes of ingress,
egress and, use and .enJoy.me(1t of certain rec-reational areas as
m'ore particularly described ,in that certain Declaration of
Covenants, Conditio'i:\sar:ld Restrictio,ns .Fo,r Pomerado Business
Pa.rK recorded on March 9, 1987 ,as Instru-ment No. 87-122504, of
the Official Recordi of the County Recorder of San Diego County.
#2hblc/landdesc
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CAT. NO. NN00631
TO 1955 CA (7-82)
(Partnership as a Partner of a Partners.hip)
_ TITLE,INSURANCE
=- ANllTRUST
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STATE OF CALIFORNIA
COUNTY OF San Dieqo
On J an uarv 10. 1989 before me, the undersigned, a Notary Public in and for
said State, personally appeared Nevi 1] e Rothwe 11
personally known.to,me or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrument as qp.nprnl D~rtnpr ~1tRQ(Sof -
p.9rnT".@.1J., Tnr.c..,...n&olt~OQii1J T~Q
the/paiYJ1e1Sh~qhat executed the within Instrument, and ~~.J'^..I'J\I"^'VV""""""'''''''''''''''''''
aC~l).owledge,~, '~(),: ~e that. they executed the same on 'iiP.CO~'tii OFFICIALSEAL"...a
beh-alfof Pom"T-"'oo P-r'lp"rfi"" /~-'" JEANETtE M. SCliwARTZ ..
, .~' '9,pnp-r.'::l'l , ~xlK;partnership, and that '~ 0 , ': ~ NOTARY PUBLIC CALlFiJR:I'HA~:
said la~t,n~med"par:rnership:executed the same. ~ ',u. I ~ PRINCIPAL OFFICE IN ~..
WITNESS my hand and official seal. "'0"" SAN DIEGO COUNTY
My Commission Expires September 28. 1990
'J".. "J'~...;-. OJ.I' ..-he> ...V~...p.. a./\l' ......~.,.,h..r.J'.J' WOO
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A TlCOR COMPANY
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(This area for official notarial seal)
Signature
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CAT.'NO.,NN00636
TO 1954CAC9-84) till INSUR NeE
(Corporation as a Partner of a Partnership) fI, TICOR TITLE 'A
STATE OF CALIFORNIA } 55. ;/,
COUNTY OF S~n ni pan -;
On January 10, 1989 before me, the undersigned, a Notary Public in and for
said State, personally appeared Pa ul K. Tchano
personally known to me or proved to me' on the basis of.satisfactory evidence to be the person who executed
the within instrument as the President, and - - - - - - - --
- - - - - - - - personally known to me or 'proved to me on the basis of satisfactory evidence
to be the person who executed r.he withi~instrument as the ------ Secretary of
~echbilt Construction Corp.
'the corporation that executed the within instrument on
behalf of Pomerado Properties
the partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that
~1;1_cl~'pa~Ilership executed the same.
WITNESS my band and official seaL
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(This area for official notariaJ'seaJ)
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RESOLUTION NO. P- 89-02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY', CALIFORNIA
APPROVING DEVELOPMENT'REVitw8i-I6TE
ASSESSOR'S PARCEL NUMBER 3i7 ~223~27, 28
2095
WHEREAS, Development Review 87-16TE, submitted by Pomerado Properties, a
general partnership ,ap~l icant, requests approval of a six morith time extens,i,on
for DR Cl7-16 for cons-tr'uc.tion of tlvO industrial buildings with a coinbinedfloor
a~ea ~(4~,12U square fe~t on Lots 29 and 3V i.n the Pomerado Business Park in
the U 'zone; and
WHEREAS, on January 3, 1989, the City Council held a hearing on the above
referenced, item;
NOW, THEREFORE; the Ci ty Counc i 1 does hereby reso lveas fo nows :
Section 1: Envi'ronmenta]' Findings:
In conjunction with. approval of Development .Review 87-16, the Council issued
'a Negative Declarati:on"on January 5, 1988. There have. no.t been any changes
to the proposed project, arid,. the ex i sting Negative Decl aration satiS'fie_sthe
requirements of CEQA.
Section 2: Finding~:
1. That the proposed development is in conformance with the Poway General
Pl'an and the South. Poway Planned Communi'ty Development Plan, in that
the proposed li:9ht, industrial buildi'ngs :.s.onform to the land ,use pfan
and development standards for the planned community_
2. Tllat the proP05edd,evelopment 'o'Ii n not ,have an adverse aesthetic"
health, safety" or archi,tectu~,anY,r:eTa-ted' impact upon adjoining pro~
perties, in tha't the'proposed building's will be compatible l'lith: the
surrounding structures by adhering to the '~PPC development criteria.
3. That the proposea ~evelopment is i~ compli~nce with the Zonirig
Ordinance by adhering to the SPPC Deve1:opmentStandards text.
4.. That the proposed de,\ielbpment. encourages the: order:ly 'and, harmonious'
appearance of structur-~s; aJlc1 pr,operV wi trii nthe Ci'ty .throu9h 'i,heir
consistency with the,SpRC plan whi:cri provides hi'gh standar.ds of deve-
lopment for development over a 2,500 acre area.
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5. Although the Council has not aa6pted a policy for ,reviewing time exten_
sions for developm~n.t review permits, the applicant has shown a commit-
ment to deve.lopment of the site by process;"ng a boundary adjustment for
the site and submit.Hng building permit applications.
SecTion '3: City Gound} DeCi'siori.:.
The City Council hereby approves a six month time extension for Development
Review 87~16 subject to the following conditions:
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2096
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Resolution No. P-89-02
Page2
1. ','liUJin 3udaysof approval: (1) The, appltca.nt shall submit in writing
that a rf cond,i rJons of approva ]ni!ve 'been re.ad and understood; and 1'2)
tne property owner shall execute a Covenant on Real Propeny.
2. All conditions of Resolution P-88-ll3 shall be met.
3. Development Review 87-16TE shall eXpire on July 5, 1989 unless a
request for time extension is recei,ved 60 days prior to that date.
APPROVED and ADOPTED by the City Council
Cali.f,or_ni,a; th.is 3rd day of January, 1989.
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of Poway, S ta te of
Carl ,H. Kruse, Mayor
ATTEST:
):ll"_0k K' ;J l)il/M-t~
MarJone K'. Watllsten, CIty Clerk
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STATE OF CALIFORNIA
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COUNTY 'OF SAN DIEGO,
I, Marjorie K.Wahlsten" City Clerk of the C,ity of Po way , do hereby certify,
under the penalty ,of perjury" that the forego,fng Resolution, No. P-89-02 , was
duJY,adopted by the City Cou'hcil at a meeting of said City Council held on the
3rd day of January ,1989, 'and that it _ was so adopted by the followi ng
vote:
AYES:
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NONE
NONE
NONE
NOES:
ABSTAIN:
ABSENT:
R/R-1-3.5-6
'SnlLl\_,,~ 'L:,~L:~'IV~
Marjone Kl.Wah'lsten" CIty Clerk
City Of .Poway
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RESOLUTION NO .p-88-0 3
209'1
k RESOLUT~ION OF THE CITY COUNCIL,
OETI-IE CITY OF POWf,Y, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 87-16
LOTS 29 AND .30
WHEREAS, Development Rev,iew 87-16, submitted by Bothwell
International, appli:cant; requests appr6valof two (2) industrial
buitdings located 'on Lots 29 and 30 in the pomerado Business Park,
in thet.I. (Light Industrial) zone; and
WHEREAS, on January 5, 1988, the City Couricil held a hearing
on the above-referenced item.
NOW, THEREFORE, the Ci ty Counci'l does hereby resolve: as'
follows':
Section >1: Findings'.:
1. That the proposed development is in 'conformance with the
poway G_eneralP.1,.an. and the South P,oway Planned COmmunij:y
Development Nan_, in that the proposed light,i:rrdusEr{al
buiidings conform' to the .landuse plan and, cJeveicipment
standards for'the planned community.
2 .
That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally r~lated
impact upon adCJo'il1'ing proper.ties, in that the proposed
buildings wiJ.:'lbe compatible' wi'tn (he' surrounding st-ruc-
tures by adhering to the SPPC development cr.i teria..
3. That the p!;oposed development i:s in compliance with the
Zoning Or,dinance by adhering to the. SPPC Development'
Standards text.
4,. That the proposed development encourages ,the orderly and
harmonious appearance of struFturesa,nd p'roperty within.
the City through their consistef.1cy .with the SPPC pJ'an
which provides high :stan,dards of' development for develop-
ment over a 2,,5'00 'acre, area. -
Section 2: Environmental Findings:
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The City Council finds that this prs;>je,ct will not have s'ignHi_
cant adverse impacts wfth theexcepti',on of those impacts iden-
tified in the Final EIR of the South poway Planned Community
for which a statement of overriding cons'iderations was adopted
,and, ,a Negati,v_e, Declar,atfor1, was, issued.
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2098
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Resolution No. P-€8-0J
Page 2
Section 3: City Council Decision:
The City Council, hereby approves Development Review 87-16 sub-
ject to the following conditions:
Within 30 days pfapproval the applican~ shall submit in
writing that a~l conditions have been. read and understood.
Safety Services
1. The buildings will be required to install an approved fire
sprinkler system. The entire sys~em is to be monitored by
a central mClnitoring agency. Asys,tem post indicator'
valve with tamperswi tch is to be- l'ocated l5y theCi?i:y Fire
Marshal prior to installation. '
2. .The add'itionof on-site fire hydrants is required. The
location of the hydrants shall be determined by the City
F'ire 'Marshal.
3. . A Knox Security System Box and, padlocks shall be required
for each build'il1gi 'and post indicator valve.
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Material Safety bata Sheets shall be required for all
hazardous and/or toxic substances used in each building.
5. The buildings shall display their numeric address in a
manner visible from the access street;. Building addresses
shall also be displayed -on the roof, in a mannersat'isfac-
tory to the Director of Safety Services.
6. Fire Department access for use of heavy fire fighting
equipment shall be provided t.o the immediate job construc-
tion sites at the start of construction and maintained at
all times until construction is,' completed.
7. Accessro,adways for fire apparatus'shaIlbe des'ignated as
Ere lanes wi,'th appropriate sighs and curb markings,.
8. The, buildings shall be provided wi th approve,], au.tomatic
smoke and heat vents as required by the Unitarm Fire Code.
Planninq Services
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Prior to issuance of building permits a boundary adjust-
ment shall be approved and recorded for the two lots. The
lot .C9~q,guroati'on created by the appr,oved' bou,ndary ~djust-
!l)el1t'shall matcll,tnat ,fhown i'n'iihe site pl'<:ins for' th'is
development review..
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Resolution No. P- 88-03
Page 3
2.
Prior to issuance of building perrrii',ts, the site plan sh-all
b-einodified to ,show a paved walkway" providing pedestrian
access from the sidewalk to the building on Lot 29.
3. All loading areas shall be screened, in accordance wi-th the
requirements contained on vage 71 dfthe SPPC Development
Standards, Volume II.
Commun'i ty Services
On- and off-site landscaping shall be installed to the satis-
faction of the Directors of Planning and ~6mmunity Services
pf'ior" to building occupancy.
Publ'ic 'Services
1. Property lines shall be monumented prior to issuance of
buil~ing permit.
2.
A 20 foot easement
will be required.
pancy.
for on-site water service to hydrants
Easement to be recorded prior, to occu-
Section 4: City Council Decision:
The City Council hereby approves Development Review 87-16 sub-
ject to the following Standard Conditions.
1. APPLICAl:'lT SH!\,LL CONTACT THE DEPARTlli:NT OF PLANNING AND BUILDING
SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONL?ITIONS:
A. SITE DEVELOPMENT
L Si-te shall be deve~Clped in accordance 'Nit_h _t'he approved site
plans on file in the Planning Services Department and the con-
ditiqns contained herein.
2,. Reyised site plans and' buiCI,diing eleva.t"i6ns incorporatil}g ,an
condi tionsof approval shall be sul:llTlit;ted t'o 'the Plann'ing
Services Department prior to iss,ui'fnce df building permits"
3. Approval of this request sha.II notwa i ve ,compliance with all
sections of the Zoning Develo~ment ~ode and the South Po~ay
Planned Community Dev;elopment S'Eandar,ds, Volumes I and II, and
all other applicabl~ city Ordinances in effect at the time ~f
building perrilit iss,uance.
4. Trash receptacle sha,~l be enc~osed by' a: ',6:tooth'igh' mas,onr,y
wall with view-,-obstructingga'ces pursuaflt ,to Gitystandards.
Location shall be subjec,t' to 'approval by the,Plann'ing Services
Department.
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Resoiution No. P-88-03
Page' 4,
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5.
All rOof appurtenanc:es, includingai'r condi tioners, shall be
arch'i!t:ecturaIly integrated, shielded from view and sound buf-
fered from adjacent, properties and streets as required by the
Planning Services Department.
6. PriOr to any u~e of the project site or bpsiness activity being
comnienced thereon, all conditions of apprOv'alconta'ined herein.
shall be completed to the satisfaction 'of the Director, or
Planning Services.
7. The applicant shall comply wi th the :la.test adopted Uniform
Building Code, Uniform Mechanical Code;, Uniform Plumbing Code,
Na.t'-ional. Electr:ic Code, Un i,fo,rm :Fire Cc5ci'e, 'arid 'allo,ther .appi~;-
cable cgdes ,and 'ordinances im ef fect at the time o.f buildIng
permit rssuance.
8. Ptiorto. delivery of combustible building :materials on site,
wateI' and sewer syste_!lls' shall satisfac,t'orily pass a'll required
tests and be connected to the public water and sewer systems.
In addition, the fiI'st Hft of asph.alt paving shall be in place
to 'pro,vTde adequa te.,permCinen t acces.~ 'fc,r emergenc,y vel}icles.
Thef-inal. lift of asphalt shall not'be installed un.tiii all,
other construction ac"tivi-ty has been substant'iallY'completedto
the satisfaction of the City.
9. The applicant shall pay development fees a.t t.he establiShed
rate.. Such fees may incI'ude, but nOt be limitea to: Permit
and Plan Chec'king Fees, Wa t.e Land Sew,ei S'erv ice" ana School
Fees. ~hese {ees shall be paid prior to building permit
issuance'.
1:0,. This approval sha'll become null and yoJd if building permits
are not issue'd fbI' this pro ject within one year from the da,te
'of, 'project approval;.
11. For a, .new cornrnerc ial or i:ndustr ial d'e'velopment, or, 'addition,to
an eXistingdeve1:oPrnent, i the applicant shan PCiY devel.optnent
fees at the established .rate. '. Su'ch fees' may ;incrude" but nOt.
:be limited to: Permit and plan Checking Fees ,-Water 'and Se,wer.
Service Fees . These fees shall be pard pI' ior to builc:irrig pet-
mi.t isslian'ce.
12. Building identification and/or addresses shall be placed on all
new and existing buil,dings so as to be plainly visible from the
street or access road) color of identification and/or addresses
shCi1Ic().Qt,rast w.i.ththei:r backgrouns:i color.
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Resolution No. P-88-03
Page 5
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B,. PARltING AND VEHICULAR ACCESS
1. All parking lot landscaping shall cons~&t of a minimum of one
f if,teen (15) gallpnsi"ze tree for ever.y three (3) parking
spaces. For pa"Jsing 10,t islands, a m{ri'imum 12 inch wide walk
adjacent to parkin'g stalls shall bepiovided and be 'separated
from vehicular areas by a 6 inch high, 6'inchwide portland
concrete cement curbing.
2. Parking lot lights shall be 1m.... pressure sodium and have a
maximum height of twenty-fi ve (25) feet from the finished gra,de
o'.{ --the' parkiri'cj surface arid be directed away from a 1'1 p,rop,erty
lines, and, adjacent st-reets.
3. All tW,o;~wayt.Taf.fic aisies shall be i1' mJ:nl:mum of 24 feet wide
and emergency access ,shall be provided, maintained fr,ee "and
clear, a -minimum of 24 feet wide atarl t-imes during construc-
tion 1'n accordance w-ith, Safety Services -Department require-
ments.,
4~ All par~incj spaces shall be double striped.
C. LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to
and approved by .the Public Services Departrnenc and Planning
Services Depa'rtment prior to the issuance of building permits.
The landscape p'lan shall be consistent w,ith. all r,equ'irerrients of
the SPPC 'Development' Plan. The tree species selected should
reflect the guid'e'lines; contained on pages i13 and 123 of the
SPPC Development Plan, Volume I. Driveway entrances shall be
emphas i zed through the use of accent trees and shrubs.,
2. Street trees, a minimum of 15 gallon size or larger, shall be
ih's,talled, ihaccoroaance 'wi th the City of: poway Ordinance and
shall !:ie, planted at an average of every 30 feet o-n interoior
streets and 20 feet on exterior streets. .
3. All landscaped areas shall be malnt-al,ned in a healthy and
thri v ing condi tion" tree from -"eeds, trash, ana debr is.
D. SIGNS
1. Any signs proposed for this development shall be designed and
ap,pr,oved 'ln con{orr.nance \'li th, the Sign Ordinance .
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2102
Resolution No. p-88-03
Page 6 .
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E. . RECREATION - No Condi tions
F'. EXISTING STRUCTURES - No Conditions
G. ADDITIONAL APPROVALS REQUIRED - No Conditions
II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. GRADING
1. Grading of the subject property shall be in accordance with the
'Un'i-form 'Bui'lding Ccide, City Gr.adi.ng ordin~nce'" ,i3.J:>'proved' grading
plan and geotechnical repo-rt, and accepted grading pract'ices.
2. A soil,s 'report shall be prepared by a ,qualified eng1neer licensed
by the State of California to perform such work at first sub-
mittal of a grading pi'an.
I. STREETS AND SIDEWALKS-
1. Street improvement plans prepared on standara size sheets by a
Registered Ci\7il Eng1"neer shall be submitted for approval by
the Director of Public Services. Plan check and inspection
expenses shall be paid by the develope~.
2. Street improvements that include, but are not limited to:
X a. Sidewalks X e. Cross gutter
X b. Driveways r. Alley gutter
X c. Wheel cha.i-r ramps X g. Street paving
X d. Curb and gutter h. Alley paving
shall be constructed prior to the occupancy of the units to the
satisfaction of the Director of public Services.
J. DRAINAGE AND FLOOD CONTROL
1. A drainage sys,tem, capable of handling and disposing of all surface
'.-later originating '."ithin Lhe project, and all surface waters that
may flow onto the site, from adjacen't 'lands, shall be r,equired.
Said drainage system shall include any easements and structures as
required by the Director of publ,ic Services to properly handle the
dr a'i nage .
I' 2. Concen'trated OOI'lS across driveway,s and/or s'i'dewal;.;cs shall not
I be permitted.
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Resalutian No.. p-88-03
Page 7
K.UTlIiITIES
L Water, sewer, and ffre pratectian sy~tems plans shall be design'ed
and constructed to. meet' requirements af theCi ty ar paway and the
Health Department af the Caunty af San Diego..
L. GENERAL REQUIREMENTS AND APPROVALS
1. Pr,i:ar to. accupancy, all dedicatians shall be made and easements
granted as required abave.
APPROVED and ADOPTED by the City 'Caun~_il ar the city afPaway"
St'a't:'e af Califarnia, this 5th: d'ay qf January, 19.88.
Ra
ATTEST,:
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Marjarie\, K.
K :JU4-i<--')-C
\'iahlsten, City Cler;;:
STATE OF CALIFORNIA
ss.
COUNTY OF ,SAN DIEGO
I, Mar jarie K. Wahlsten" City Clerk of the. Ci ty af paway, do.
bereby. certify, under the penalty a-f perjui:,y, that the faregaing
Resalutian, No.. P-88-0J, wasdllly adapted by ,the City Cauncil at a
meeting af said CiTy' Counc'il held an the 5th day af January
1988, and that it was sa adapted by the fallawing vote.:
AYES::
BRANNON, HIGGINSON i KRUSE, TARZY, EMERY
NOES,:
NONE
ABSTAIN: NONE
ABSENT: NONE
R/R-1-5.11-17
'j ) lClL,\iL~ K )lk~) ~
MaYjar:j:'e \K. \'iah,lsten, City Cler.lc
C'ity 'ar- ,p"oway ,
, '
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