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Covenant Regarding Real Property 1988-364121""t:- .-~~' , . .~. 3 6 4 I 2 '_ I, ,.,,!,i1,;F?f[,;P:I; ~'j . \~! '~"~iL~'-'1t, f'0Ur'U'OP.'; ';iJ:'.t,;,,:_~~,"~i:';;-..;r;"'-"'.-" ~IJ...t'v.' , . lL 0.'."._......, u., ~:t"'J.,,...... .' ~:' ,.~....., .,'i'-;-.... REcx>RPING; REQUEST BY: CITY OF rowAY ioU ~ :0,2;7'8 ) ) } j } } } } ) ) ) ) WHEN RECORDED MAIL 'ill: 19B5 JUt 26 PM I: 18 I "VEfU, L lY' [ , LjLOUlliYf\ECGf(OH<' I CITY CLERK CITY OF PcIilAY p;ci.. OOX7,89 :P'JiIAY, CA 92064 RF AR '. (This' s ce for :Recorder'.s' use) 'MG No 'Transfer Tax Due c:fJI1E:NAN:r R:EGARoI~ REAL PROPERTY CF Pqway, Ltd., ,a California Liirii ted Parternship ('!CWNER" hereinafter) is the'owner of real propeity dessrj:beCi ,in Exhipit A which is attached he:teto and !lade ,.a. part, hereof .and which ,is comronlyknown as Lots 23, 24( and 26 of City. of P&a'iTract. 8S,..04"UnJ.tl i::;'PRopffiTY,iIierelnaft~r). :InconsJ.deration of the approval of IJeveloprent ReView 88-07 l5ythe'Cft:y of' Poway ("ciTY" -he{einafterl<, .~ !1er:~by covenants and ag,rees for' :tne1:5ehef it, of 'toe CITY., to abide l5ycon- ditions of the attached. res9~uti'on (Exhibit B) . ThHj (bvenant shall -run wi fh the, :land . and be binding )!.pon .and inure. to the benefit of the future oWl1.erS', ericifuibraneers, successors~ heirs, personal representatives, transrereesand assigns .of the' respective, parties. Cl'VNER agrees thClt ~ 's duties and obligations under this Covenant are a lien upon thePr()perty .Updn 110tice, and opportunity to respond, the CITY may add to the tax bill of' Cl'VNERanY' past due finarlcialobligation owing to 'CITY BY way of this COvenant. ' If etther party is required to incur cOsts to ei1forcethe provisions .of this Covenant, the. prevC\iril1g party shall be entitred to full reimbursement of all costs, including reasonable ,attorneys' fees, frgn~e otper ~rty. ~ CITYrray assign to personsimpa:ct:ed J,y the, perforrrance of, this Covenant the right to enforce this Covenant a.ga.inst CWNER. lou/ ~ Y. ,!- fJ ~~;sp<.II/--L If2.-PA c- Yon-(.C'S" Dat,ed: 6 -),.0 .....J.r ! t.-~ it, #< (UV~ (WNER /,. 17 /l, ~ (Nbtarize) ~ I-o..---~ Dated: {r ;<,f- rfY CITY OF POWAY By 7dk w~ -,. (No nero to .Nota ize') - !~ C:/iOR,..6-7.J -~ .,,~ ~ ',:;-" . ." 0279 . LEGAL DESCRIPTION THEI;AND. .REF.ERRED TO INTHrSREPOR't, :I,S SI'r.QA,'l'ED, tNT,HE; STATE OF CALIFORNIA" COUNTY OF SAN DIEGO, AND IS DES'CRISED AS FOLLOWS: LOTS' 23, 24, AND 260F~ CITY OF POWAY TRACT 85-'04, UNIT 1, IN, THE CITi 9F.PQWAY., COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1l7,42" FILED IN THE: OFFLCE OF THE COUNTY RECORDER OF SAN D'IEGO COUNTY~ MARCH 9, 1987. ' ... :~ * Notary's Signature * *..* * * * * * * * * * *. * * * * * * ,* * * * *:.. '.. * * * * *. *. * * * * ,* * * * :* * * * * * ::Z~ ';;~ ;~ GENERALACKNOWLEDGMENT :,:- *"*,,''':k'';*-:.\i:,'*. *)Ie * ** * t: (-, c..:~-'~< .- :;;- ",' r. S-ta.te 'of ':;,~ *:' '! J;1 * -.~~ * *' * Coun'ty of .... * * -';'~ -* ~, '* ~. ~~ * * '-';1 * ,'.' .~~ * ~t * :*' . ,"3 ~* ,~~, :*1 ~~i * ",.: -, PARifHE8~HIP ACK!'lOW~EpGME:NT, * *, .*i ;'* .,iIc *" *- *' -:I:' ,* ,* * * * * * " 'Stiate of C~f~UYolt.UlA , ) ",: County of D:.lLlC1'(Yo 7_) * , ';.1 '~ * , * * - * ..j * OFf'ICIALSEAl " " '" @ JUDLFREED ,* Notary Publlc4Jlloml. . LOS ANClELfSCOUNTY * * ' ' IAy'Comm, Elql, May 29; 1990 ..:;. * , * t~ '.* * * * * * * *- * * * * * '* * * * * - GORPORAT'~'ACKNOWkEDGt1ENT ,. -~*: ~.' *:. ~., ?C' ** <.* * * * *, ,* *: ',State of *:a * "L/'0280 ****-***,*-*** * * * * * * * * * * * . * * .* * * On this the _ day of SS. 19 befo re me, *, * * * * * * * * * the undersigned Not_a~y Public, personally appeared D personally known to me D,;proved to me on{l1e ba'sis 'of satisfactory eVidenc,e to. be the person(s) whose fiame,(s) '. subscribed to the within instr'umen,t, and acknowledged that ,executed it. WItNESS my hand and o,ffici a 1 seaL * * * * * * * * ~, * * * *, ,:* * * * * * * *' *".* *" On thi s the ~ day of SS. .JcLu/ F!f:l-:LD 'theundersigne'd Notary PLibJ:ic', personally appearecj * * * * * * * * :* *'.* * * * ,Je,.U--,V 19 t~, before * * * me, * * - ; *. * *: - I rlDrll A 'S H 'SI.LLII-IIG * * * ~personally known to me * D pr'oved to me on t~,e basisof satisfactory evidence * to b,ethe person(s) who, executed the within instrument * on behalf of the partnership, and acknowl edged to me that ,,' the partnership executed i't. * WlJNESS my hand .and, Officiatse.a~. , : " ~I Jlt/LP *' ,Notilry' sS i gna tu re * * ~ ~ * * * * * * * * * * * * *, * * * * *.* * * * *. * * * * * *. .;~ * *, *' * *. * :* .* '* '* .'.*:;* * * * ,* '*' * * * .* "* *. * * *: * * *" *, '* i~ *" County of 'i: * * * * ~, -;~] * "" .~ * * * * , * * * * ~~ : *. * * * * * * ... *. ... ... .* ... ... ... ... ",.-'~. '.' ,- "."".~' ". ,-,.' ,~.'" . On this the ~ da.y of ) SS. ) * '* *' me., * * .19 before * * * .. .. * * the undersigned' NO,tary Pub;lfc, personally appeared [] personally known to me D proved to me on the ba s,i s of sa ti sfactory ev i dence to * be the person(s) who executed the with,in instrument as .. or on behalf of the corporation .. there i n named, and acknowl edged to me that tn'e c.o'rpora t ion *' executed it. .. WITNESS my .hand and offi ci a 1 sea 1. * .. * it, Notary's Signature ... .. + + ... + ... .. + + ... .. ~ + + + ~ +"+ + + +,,~ + ~ ~. +, ,'. ", " . .'. '. " ~ ..".......-'",... .,... ;...,......-.. '/ -. . r: , ' , , ,[ . .U .0281 . RESOLUTION NO. P-88-72 A RESOLUTION OF'THE CITY,COUNCIL OF THE CITY OF POWAY, C!\LIFORNIA APPROVING DEVELOPMENT REVIEWS, 8,,8-05, 06, AND 07 ASSESSOR'S PARCEL NUMBERS: 317-223-0'2, 08, 09, 22, 23, 24 WHEREAS, Development Reviews 88-05,06, and 07, submitted by poway Industr ial ,propert'ies, applicant, requests approval for the construction of nine industrial, warehouse, and research and deve- lopment buildings .or! Lot 3}( DR 88-05), Lots 43 and 44 (DR 88-06), i3,1.1.cLLots22, 23, and i4(DR 88-07) of Po mer ado Business Park, Map' 1174'2 inpomeradci Business Park in the Light Industrial and Industrial Park zones; and WHEREAS"on June 7, 1988, the City Council held a hearing on the above-referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section I: Envi-ronmental Findinqs: The City Council finds that this project will not have signifi- cant adverse impacts with the exception of those impacts iden- tifiedin the Final EIR of the 'Soo:1::11 poway Planned Community for which a statement of overriding considerations was adopted. Section 2: Findinqs: 1. That the proposed developments. are in conformance wi th the poway General Plan, and the South poway planned Community Development Standards in that they are a Light Industrial, warehouse, research and development buildings designed i.n accordance' wi th the criteria contained in those documents. 2. That the proposed developments will not have an adverse aesthetic , health, safety, or architecturally related impact upon aajoiningpropert'i(e,s.', jbecause they adhere to the area-wide development standards contained in the SPPC Development Plan. 3. That the proposed developments are in compliance with the Zoning Ordinance and the South, poway Planned Community Development Plan. 4. That the proposed developments encourage the orderly and harmonious appearance of str,uctures and property within the City through consistency with the SPPC plan which provides high standards for development throughout the 2,500 acre planned community. "EXHIBIT B" . . " ':, \~i ~ . \ tt?;?'~' ~ Resolution No. P- 88-72 Page 2 r Section 3: City Council Deci'sion: The City Council hereby approves Development Reviews 88-05, 06i and 07 subject to the following conditions: Within 30 days of approval: (I) The applicant shall submit in writing that all conditions of approval have been read and understood; and, (2) The property owner shall execute a Notice of Restriction on Real Property. DR 88-05 (Lot 37) I. The access onto Stowe Drive shall be an entrance only drive- way. 2. All retaining walls shall be subject to the approval of the Directors of Public and Planning Serv.lces. These structures/walls shall be either crib walloI' block wall, or an approved eqivalent. 3. Wing walls shall be added to the building to screen the bay doors. { 4. The following fees shall be paid in Publi~ Services prior to building permit issuance: Water- Meter- Sewer Connection Sewer Inspection Sewer Cleanout To be determined $23,005.24 $ 25 $ 50 5. Future tenant improvement for additional square footage shall be limited to two stor-ies and 4,DOO square feet, based upon a reserva of eight parking spaces. DR 88-06 (Lots 43, 44) I. Lots 43 and 44 shall be me~ged prior to issuance of building permit. 2. Future tenant improvements for additional square footage shall be limited to two stor-ies and 5,000 s~uare feet. This figure is based upon a reserve of ten parking spaces. f l ,i ~ " ;' :1 . I .' , . .. ;098 J Resolution No. P~8-72 Page 3 3. A revised landscape plan shall be submitted to the Department .of Planning Servi'ces'and shall include an earthen berm a'nd dense landscape screen at the top of slope and approximately 50 feet from the South poway Parkway to screen the view of the bay doors from the street. 'The' plan shall inclllCle .15 gallon eucalyptus and five gallon oleander and shall be approved prior to issuance of buildlng permit. 4. The following fees shall be paid in Public Services prior to building permit issuance: Water Meter Sewer Connection Sewer Inspection Sewer Cleanout To be determined $46,302.59 $ 25 $ 50 DR .88-07 (Lots 23, 24, 26) I. Lots 23, 24; and 26 shall be merged prior to issuance of a building permit. 2. Grading in the sewer/storm drain easement is subject to the approval of the Director of Public Services. 3. Retaining walls shall be subject to the approval of the Directors of Public and Planning Services. The walls shall be either crib wall o~ bl6ck wall, or an approved equivalent. 4. The ~ollowing fees shall be paid in Public Services prior to building permit issuance: Water Meter 'Sewer ,Connection Sewer Inspection Sewer Cleanout To be determined $55,942.06 $ 25 $ 50 5. Future tenant improvements for add.itional square footage shall be limited to two stories a'nd 33,000 square feet for all seven buildings, based upon a reserve of 66 parking spaces. &. If construction of the project is phased, all improvements, including parking and landscaping, to serve the proposed use shall be installed. '. 0284 ~'. .' ~", '4..! . ".. ~:.. \ t '. .. , . [ Resolution No. P-88-72 Page 4 7. The final parcel map for the proposed mini park shall be recorded prior to occupancy for the first building. The following conditions shall apply to DR 88-05, 06, and 07: Safety Services Applicant shall contact the Department of Safety Services regarding compliance with the following: I. All on-site hydrants shall be Jones Co. Model No. 3775. 2. At the entrance to the project site, a directional monu- ,ment or wall sign shall be installed to show the building footprints within the project site with designated addresses (affects Lots 23, 24, and 26). 3 . The buildings will be required to install an approved fire sprinkler system. The entire system is to be monitored by a central monitori,ng 'agency. System post indicator valve(s} with tamper switch(es), also monitored, are to be located by the city Fire Marshal prior to installation: { 4 . The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 5. A Knox Security System Box and padlocks shall be required for each building and post indicator valve. 6. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 7. 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 manner satisfac- tory to the Director of Safety Services. 8. Fire Department access for use of heavy fire fighting equipment shall be provided to the immediate job construc- tion sites at the start of construction and maintained at all times until construction is completed. f [ , .' .{', JI~ 1.. ~""\r' ~".,~:,;-:,.:L.,~. , . \.1;-.'2' ::: ."," . . v '0,28,5 ,;.0.. l -. , . I.':,. Resolution No. P- 88-72 Page 5 9. Access roadways for fire apparatus' shall be designated as fire lanes ~ith appropriate signj'~nd,curb markings. 10. The buildings shall'be provided with approved automatic smoke and heat vents. Pr,ior to de'hvery of combustible' building materials on site, water and sewer systems shall satisfactorily pass ail required tests and be connected to the public water and sewer systems, In addition, the first lift of aspl)alt paving shall be ,in place to provide adequate, permanent access for emergency vehicles. The final. lift of asph'iil,t ~hall not be fri's,talled until all other constructionac'tiv- i ty has been subs,t'antially comple'ted to the satisfaction of the City. II. 12. ~ 20 foot eaSement, for on-site ~ater lines to fire hydrants shall be recorded pri6f to occupancy~ APPLICANT REGARDING SHALL C@TACTTHE DEPARTMENT OF PLANNING SER,!,ICES .C'OMPLIANCE WITH THE FOLLOWING., CONDITIONS: . -r ,. A. SITE DEVELOPMENT 1. Site shall be ;de'leloped in accordance with the approved site plans on file i'nthe Planning Services 'D'epartment and the con- ditions contained 'herein. 2. Revised site plans and building elevations incorporating all condi tions of approval shall be, s~blllitte.c1' to th.e p'lanning Services Department 'prior to 'issu'ance, of 'building permits. 3. Approval of this~equest shall not ~aive ~ompliance with all sect~oHs 9t !;:he zgning DevelopmentCgde" ~nd the Souto poway Development Plan VoluIIle,;Iand II and all. other applicable City Ordinances! in effect at the ttmeof buildingpermi t 'issuance. 4. The trash receptacle shall be enclbs'edby a six foot high masonry wall wi th view-obstructiiig,fat'es 'pursuant to City stan- dards, and shall be located 3~ ~ee~ from street, and shall be architecturally compatible with the buildings. 5. All roof appurtenances, including ,air conditioners, shall be architecturally integrated, shielded ~ro~ view and sound buf- fered from adjacent propertiesa'nd streets as required by the Planning Services Department. r [ . . . ~ IJ I'i' ,~, I ~... ,. "', ."~ . 1.1 0'2'8'6 .,f ,. Resolution No. P- 88-72 Page 6 6. Prior to any use of the project 'site or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 7. The applicant shall compli with the latest adopted Uniform Building Code, Uniform Mechanical Codei Uniform Plumbing Code, National Electri~ C04e, Uniform Fire Code, and all other appli- cable codes and ordirr?nces in effect at the time of building permit issuance. 8. For a new commercial or industrial development, or addition to an existing development, the applicant shall pay development fees at the esta9lished rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees and School Fees. These fees shall be paid prior to building permit issuance. 9. Building identification and/or addresses shall be placed on all new and existing buildipgBso as' ,to be plainly,'vi,?ible from the street or access road:; color of identification ~anE/().r_addj'e.sses shall contrast wi ththei'r backg-round color,.' The buTlding address shall also be displayed on the roof in a manner satis- factory to the Director of' Safety Services. 10. The color scheme for the bu~ldings shall be revised sa~isfaction of the Director of Planning Services. sion shall show that no more than 70 percent of' any wall is of a uniform color or material. , . to the The revi- building II. School Mitigation Fees at $.25 per square foot of building area shall be paid prior to build'ing permi.t issuance. B. PARKING AND VEHICULAR, ACCESS Parking lot lights shall be low pressu~e sodium and have a maXImum height of 25 feet from th", finished grade of the parking s,urface' and be ,di'rected away ,from' all property lines, and adjacent streets. C. LANDSCAPING I. The lands~apeplanting plan shall be revised to the sat~sfac- tion of the Directors' of Planning and Commun'ity Services prior to the issuance ,of building permits. The revised plans shall include a minimum of one tree for every three parki'ng spaces within the paiking lot area as required by page 39 of the SPPC Development Plan, Volume II. f L -:Co,""j- 0, ,,',,1", HI ,," ~- 'r .' . . .. ,'" 0287 \",,' ." Resolution No. P- 88-72 Page 7 The planting plan for the site shall provide two trees or shrubs for every IOO ~quare feet of landscape area. All trees must be 15 gallon or larger in size. All shrubs must be one gallon or larger. 2. A detailed landscape and irrigation plan shall be submitted to 'and approved by the Community Services Department and Pl:anning Sen~ices Department prior to the issuance of building permits. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 'D. SIGNS Ahy signs proposed for this development shall be designed and approved in conforIT\ance with the Development Plan and Sign Ord'inance. The maximum sign height location .is 20 ,feet I-rom ~rade per code and 15 percent of the building face~ E. RECREATION - NONE EXISTING STRUCTURES F. NONE G. ADDITIONAL.APPROVALS REQUIRED - NONE APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. GRADING I. Grading of the subject propertyshaTlbe in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. . 2.. A, 'soiJ:s report shall be prepared by a qualified engineer 'licensed by the State of Cal,ifornia to perform such work at first submittal of a grading plan. I. STREETS AND SIDEWALKS 1. Improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Public Services. Plan check and inspection expenses shall be paid by the developer in accordance with the grading ordinance~ " r 5 . 6 . J. l. t 2 . 3. K. l. 2 . " . . , .11 0288 I' I~ ( n '.'1' . Resolution No. P-SS-72 Page 8 2. All roads providing access to the site shall be improved to the sp,ecifications of the Director of Public Services, prior to occupancy. 3. Settlement monuments on the properties shall be identified and permanently protected to the satisfaction of the Director of Public Services. 4. All exterior street improvements shall be constructed prior to occupancy to the satisfaction of the Director of Public Services. Separate public improvement plans shall be required for all on- site waterlines. Driveway width shall be limited to 30 feet. DRAINAGE AND FLOOD CONTROL A drainage system capable of handling and disposing of all sur- face water originating within the lot, and all surface waters that may flow onto the lot subdivision from adjacent ~and~, shall be required. Said drainage system shall include 'any easements and structures as required by the Director of Public Services to properly handle the drainage. On-site .storm drains shall connect to the existing stubs at the property line. Concentrated flows across driveways and/or sidewalks shall not be permitted. Portland cement concrete cross gutters shall be installed where water crosses the roadways. UTILITIES, All utilities within the project shall be installed underground. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway and the Health Department of the County of San Diego. 3 . On-site sewer and water shall connect to the existing stubs at property line. L. GENERAL REQUIREMENTS AND APPROVALS Prior to occupancy, all dedications shall be made and easements granted as required above. '. r -r--- ,. Ii -, . . -.. G:!89 Resolution No. P-88-72 Page 9 APPROVED and ADOPTED by the City State of California, this 7th day of R ATTEST: .- '----it J / '-.'L' -I-:' J (lllc)-Lu..- <., j) :~t0w......, Mar-joriE! ~. Wahlsten, City '\ Clerk STATE OF CALIFORNIA ) ) ss. } COUNTY OF SAN DIEGO I, Marjorie K.,Wahlsten, City Cler~the City_of.Poway_,_do. 'hereby ce-rtifY-;-under- the penalty- of per,jury, that the foregoing Resolution, No. P-8,8-72 , was duly adopted by the City Council at a meeting of said City Council held on tl1e 7th day of June 1988, and that it~~s so adopted by the fol16wing vote: , AYES: BRANNON, HIGGINSON, TARZY, KRUSE, EMERY NOES: NONE ABSTAIN: NONE ABSENT: NONE )' !::"'..-, L k ';: !Ji'L-stz.... MarjorielK. Wahlsten, City Clerk City of, poway R/R-6-7.1-9