Covenant Regarding Real Property 1988-364121""t:-
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REcx>RPING; REQUEST BY:
CITY OF rowAY
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WHEN RECORDED MAIL 'ill:
19B5 JUt 26 PM I: 18
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LjLOUlliYf\ECGf(OH<' I
CITY CLERK
CITY OF PcIilAY
p;ci.. OOX7,89
:P'JiIAY, CA 92064
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(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.
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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')
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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. '
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;~ GENERALACKNOWLEDGMENT
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- GORPORAT'~'ACKNOWkEDGt1ENT
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On this the _ day of
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the undersigned Not_a~y Public, personally appeared
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WItNESS my hand and o,ffici a 1 seaL
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On thi s the ~ day of
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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"
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Resolution No. P- 88-72
Page 2
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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.
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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.
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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.
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Resolution No. P-88-72
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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:
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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.
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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:
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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.
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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.
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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.
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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.
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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~
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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.
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Resolution No. P-88-72
Page 9
APPROVED and ADOPTED by the City
State of California, this 7th day of
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ATTEST:
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Mar-joriE! ~. Wahlsten, City
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Clerk
STATE OF CALIFORNIA
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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
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MarjorielK. Wahlsten, City Clerk
City of, poway
R/R-6-7.1-9