Covenant Regarding Real Property 1988-364120
ROCORDING FlEl.2l}EST ~Y:
CITY OF POWAY
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WHEN RECORDED MAIL 'ill:
CITY'CLERk
CITY OFf!(JilAY
P~O'. OOX '789
POWAY, CA 92064
ISHE Jut.26 PH I: 18
I c VE:i1i\ ( ,; Yu' J
COVN; Y 'rFctftfWtik
,No 'Thmsfee "TaX :DUe
(This. "s'pace for Recorder's Use)
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CDVENANT RmARDI~ REAL . PROPER'lY
CFPoway, Ltd., a' ,California Limited Par.ternship ("(WNER" hereinafter) is
'the bWher of real property, ,described in EXhibit 'F\. Which. is'. attached hereto and
made a. pai:thereof and'whIch Is coirm:mly. known as Lots 43. and .44 qf city of
Ppwa,y 'rI~ct85-0~, Unit ,~("j?RO?ERTY", he!,einafter,)" :tn; cogsider<;ition pf the
!i'l.pproval .0fDeveloprentReytew 88~06 by the City. of Poway ("CITY" hereinafter),
CJ:VNERhereby covenants and :agrees for the benefit'of the CITY., to abide by con-
ditiohs:of the a,ttachedresolution' (Exhibit B).
. 'l'hgs CPYeI1aflt shallrunwi,th, the ,land ClI1d)!)e, binding upon and, inl.lr~ to the
benefi't, of'the!futureqwners;, egcurnb!'al)cerS"puccessors,l heirs;" ,R'=rsona)"
representatives, transferees and assigns of the respeCtive parties.
,. . '~" i'l.gre~s th~t' ~'s duties and oqlig'jtiogs ynd~r this Covenafj,t are a
li,gn urpntbe:pFopE>rty. Upon QOj:.ice andopportUQityj:.qresPJnd, the, CITY, ~y
add to the. tax bill of ,CWNERany past due financiii} obligation owing to CITY BY
Way of this Covenant.
If ei tl'1er wrty is requir<=dto incur costs to enforce the provisions of this
Covenant, the prevaiilngpar;,ty, shall be ent,itled to full reimburserrerit of all
cOsts, inclUding reasonable, ,attor:neys' f~es, frQffithe oth~r party,. '.The. CITY may
assigil to persons i.mpactedby the performance of this Covenant the right to
enforce this' Covenant against OWNER. .. f).
, fr:~f1I. rp. DlJ,(TIQ/Il-L WA/-,C"a(-(E'-S
Iiated:,b'-20~rS-Y- . / "\~ iI, -p.~
, (WNER, A --;/-:-,
(Notarize) ~d. ~
Dated:
U 'c?<?- ,F?
CITY OF POiIAY
BY?~W~-~
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LEGAL DESCR~PTIO~
THE UANi:> REF~Rg,E:D'1'O 'IN'l.'HIS REPORT IS SITUATED IN ,THE 'STATE OF
CALIF:ORNH\>, 'COUNTY, OF' 5,AN' DIEGO, ANDIS DESCRIBED, AS FOLLOWS:
LOTS .43 AND 44 OF CITY QF' p'OWbX TRA,CT,.!l5'~Q~, UNIT, I, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF C~LrFORNIA" 'ACCORDING TO MAP
T!iE~EOF NO. 11742,;-FTLED .IN THE OFFicE 'OF THE ,COUNTY, RECORDER OF SAN
rfr:E;GO' COUNTY, MARCH 9 ,1987.
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""GENERAL ACKNOWLEDGMENT
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i'~ RARTNERSHI P 'ACKNOWLEDGMENT
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OFFIClALSEAL
JUDI:FREED
Notaiy~
LOS ANGEl.Ell COUNTY:
My Con1m' ExIl' M8Y29,'1..9llO
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this the _ day of
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the undersigned Notar'y PubTic', personally appeared
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WITNESS illy hand andoffi ci a 1 sea,l.
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CORPORAT EACKNOWLEDGMENT
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RESOLUTION, NO. P- 88~'7,2,
A, RESOLUTION OF'THE C~TY' COUNCIL
OF iTHE,CT.TY OFPOWAY, CALIFORNIA
APPROVING iDEVELOPMENTRE:V:IEWS 88-05, 06, AND,. 07,
ASSESSOR"S PARCEL Nl:lMBERS: 3'17-223-02., 08, 09, 22,:23, 24,
WHEREAS, Development Rev,iews 88-'0'5" 06" a.nd07, submittedb'y
:powa.yT.ndustria'fp,r,()pertie~" applican\, requests approval ,for .the,
constructio,n 'of nine, industrial, warehouse, an'd rese'arch and: deve,-
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}opmeqt' 'b~~ldrngs ciQ Lcit n (DR 88-05), Lots 43 and,44 (DR: 8~'"'Q(:);} ,
and Lots 22, 23, aifd 24 (DR--88-0T) 'of pomerado ,Business 'Park, Map
11742 in Pomerado Business Park in the Light Industrial and
Indus.tr ial Park 'zones; and,
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WI{E~EAS)ion 'June'?, ,1988 , the City .Cciuncil held a hearJng on
the a:[{ove-referenced item.
NOW, 'T,IIEREFORE" it.oe ,City Counc il doe's hereby resolve as
follows:'
S'ec;tibn I: Environmental Findings:,'
Tge, Cl!;y,Gounci~hnds th'at i:.f1is,-,pf:()-ject ~)iJ.J:, no't: hav~,signif.i-
'cant'-a:dveYse impacts'Vith the 'exception of those illlpacts iden,..
tified in the Final EJ;R of the ?9uth poway planned Community
forwhJ,ch, a st,ate,ment. of overriding 'con'siderations was adopted.
Secti'on 2: Findi'ngs:
1. Tha.t the! proposed idevelopmen,ts ,are in c,onform,ance w,(th thoe'
Powa.yGeneralPlan, and the, South poway. Planned Community
Development :Standards in that' ',t.hey are. a Light Industrial,
warehouse, resea,r<;:h and developIl}!=nt buildings designed i.n
accordance' with the criteria 'con'trained in those documents.
2. That the pr,()po~~cl. developments wi:ll, not have an adver,se
aesDl1etic: ,j1,ei'l,r:(p "sa.fety ,or architectura'Uy related
impact, upon adjoin,ing prop,ert,ies" be'cause,tne'y a.dher,e to
the ,area-wide development standards contained in the 'sppe'
Development ~lan.
3. Tha.t the proposed developmen;t's ,are in, compliance with 'the
ZCln'fflg Otdinance, and the SOlit]i powayPlanned Community
,Deyelopment 2lan.
4.' T,hatthe, proposed developments' encour,age the orderly and
harmon,ious _ appearance of'struc,tures and property within
the 'c,i'ty .tnr'otigh, consistency with the SPPCplan which
pr,oviodes high ,standards for development throughout the
2,500'acre planned c,ommunity.
"EXHIBIT B"
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ResoLution No. P-~ti-72
Page 2
Section :3:: ti ty Council Decis'i'on:
The City ,Council hereby CiPprpyes Developmerit Reviews 88-05., 06,
and 07 subject to the following conditions:
wi thin ,30 days of approval: (I) The applicant shall slibmi t in
WI' i ting that' allcdndi,tions of approval have been read and
understood; and, (2) The property owner shall execute a Notice
of Restriction .on ,Real .Prop",rty'.
DR 88-05 (~ot 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 ofP}.lbli',c 'and Planning S('!r,,::ices. These
structures/walls shall be ei ther crib walT ,or block wall,
or an approve~ eqivalEint.
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3. 'Wing ",aIls shall be added to the butlding to. screen, the
bay doors.
4.
'The following fees shall be pai'd in 'Public Services prior
to buildin1 permit isauance:
Water Meter
S,ewer Connection
Sewer Inspection
Sewer Cl.eanout
To be determined,
$23,005'.'24
$ 25
$ 50
5. Future tenant irnproverileryt fcn;addit-ional ~quar,e footage
shall be lirni.tedto ,t,rJp stor,ies and 4,,00'0 'square feet,
based, upon a reser.ve'-of,e.ight parking spaces,.
DR 88-06 CLots 43, 44)
L Lots 43 and 44 shall be ,merg,ed prior to. is'suanceof-
building permi t.
2.. Future tenant improveI1leI'!ts' for additiona} square foo,tage
shall be limited to t',.,TO, stor'ies and 5,00,0 square fee.t.
This figure is based upon a reserve of 'ten 'parking spaces.
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Resolution No. P1l8-7'2
Page 3
A revised landscape pl~n shall be submit~ed to the
Department of Planning Services and shall include an
,earthen berm and dense landscape screen at the top of
slope and approximately 50 feet frpm the South poway
~arkway' t~ screen the view of the bay doors from the
street,. Th'eplan shall include IS gallon eucalyptus and
five gallon'oleailder and shall be approved prior to
issua'ilce of building permit. '
4. The following fees shall be paid in Public Services prior
to building permit issuance:
Water Meter
Sewer 80nnection
Sewer Inspe'ction
S'ewer Cleanout
To be determined
$46',302.59
$ , 25
$ 50
DR 88-07 (Lots 23', 24 i 26)
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1. Lots 23, 24, and 26 shal~l:>e )l!,e".9,ed 'pr:ior to issuance of a
, - Du'iTd'ing permi t:-
2.
Grading in th~ sewer/storm drain easement is subject to
the approval of the Director ofPubl-ic Services.
~. Retaining walls shall be subject to the approval of the
Directors of Public and Planning Services. The walls
shall be either cr'ib wall or block wall, or an approved
equi';'a"lent.
4. The follow,i'ng fees shall be paid in Public Services prior
to building permit issuance:
Water Meter
Sew~r ~onnection
Sewer inspection
Sewer Cleanout
To, be de'termined
$55.,942.06
S 25
S ,50
5. Future tenant improvements for additional square footage
shall be limited to two stories and 33,000 square feet for
all seven buildings, based upon a reserve of 66 parking
spaces.
6.
If' .const,ruction of the pro ject is phased, all improvemen ts ,
inclUding pirking and landscaping, to serve the proposed
use shall be installed.
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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, O~, and 07:
Safety Services
Applicant shall contact, the, Departmen,t of Safety Services
regard'i:ng c~ompliance with the followin'g:
1. 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 sigh shall be installed to show the building
footprints wi thin the project site with 'designated addresses
(affects Lots 23,24, and 26).
3 .
The buildings will be requl'r,ed to install an approved fire
sprinkler system. The entire system is to be monitored by
a central monitoring agency. System post indicator
val ve (s) with tamper switch (,es'), a'lso monitored', are to be
located by the City Fire Marshal prior to installation.
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4.
The addi,tion 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 oadlocks shall be required
for each building and post indicator valve.
6. Material Safety Data Sheets shal'l be required for all
hazardous and/or toxic substances used in each bbl1ding.
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 fight~ng
equipment shall be provided to the immediate job construc-
tlon sites at the start of construction and maint~ined at
all times, until co'nstruction is completed.
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' Resolut'10n
Page 5
No. P- 88-72
9. Access roadways for fire apparatus shall be designated as
fire lanes w~t~ appropria~e ,signs and curb markings. '
10. The buildings shall be provided with approved automatic
smoke and heat vents.
,II. Prior t6 delivery of combustible building materials on
site, water and sewer systems shall satisfactorfly pass
all required tests and be connected to the public water
and sewer systems. In addition, the first lift of asphalt
paving shall be, in place to provide adequate ,permanent
accessfol' emergency vehicles. 'The final, lift ofasphal t
shall not be igstalled until all other c::onstruC,tion activ-
ity has peen ;substantially com'p'leted to the satisfaction
of the City. '
12. A 20 foot easem~nt for on-site ~ater lines to fire,
hydrants shall be recorded prior to occupancy.
APPLICANT, SHALL ,CONTACT THE ,DE.J?~M~!'l!Qf~.L.hNNING SERVICES
REGARDING--COMPLIANCE 'WITHo 'THE' FOLLOWING, CONDITIONS:
A, SITE DEVELOPMENT
I. Site shall be qeveloped in accordance with the approved site
plans on HIe ,in the Planning Servi,ces Department and the con-
ditions contained herein.
2. Revised si:te plans and building elevations incorporating all
cond:i. t'ions of 'approVal shall be subinitted 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 Zohing Development Code and the SO,uth Poway
'Deve!1opment Plan Volumes I and II and. all other applicable City
Ord'inancesin .effect at the time of building permi't issuance'.,
4. The trash receptacle shall be enclosed bY a six foot high
masonry wall with view-obstructing 'gates pursuant to City stan-
dards, and shall be located 35 feet f,rom street, and Shall be
architecturally compatible with the buildings.
5. All roof appurtenances, including air c6nditioners, shall be
architecturally integrated, shielded from view and sound buf-
fered from ad'jacent properties and stree,ts 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 busines~ 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 comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code" Uniform Fire Code, and all other appli-
cable codes and ordinances in effect at the time of building
permit issuance.
8. For a new commercial or in9ustrial development, or addition to
an existing development, the applicant shall pay development
fees at the established rate. Such fees may include, but not
be limited to: Permit and Plan Checking Fees, ~ater and Sewer
Service Fees and School Fees. These fees shall be paid prior
to building permit issuance.
9. Building identif icatfon and/or addresses shall, be placed on all
new and existing buildings so as to be plainly ~isible from the'
street'or-access road; color of identification and/or addresses
shall contrast wi th their background color. The building
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 buildings shall be revised
satisfaction 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
11. School ~itigation Fees at $.25 per square foot of buiiding area
shall be paid prior to building permit issuance.
B. PARKING AND VEHICULAR ACCESS
Parking lot lights shall be low pressure sodium and have a
maXEflum height of 25 feet from the (inished grade 01 the
park'ing ,surface and be directed away 'from qll property lines,
and adjacent streets~
C. LANDSCAPING
1. The c3ndscape planting plan sh'allbe revised to the 3atisfac-
"ion of "he Directors of Planning and Community Services prior
to the issuance' of building permits. The revised plans shall
incl~de a minimum of one tree for every three parking spaces
~ithin the parking lot area as required by page 39 of the SPEC
Development Plan, Volume II.
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Re~olutio~ No. P_ 88-72
Page 7
The planting plan for the site shill provide 'two trees or
shrubs for every 100 square feet of landscape area. All trees
mu'st be IS gallon or- larger in si ze. All shrubs must be one
g~lloh or'larger.
4.
A detailed landscape and irrigation ptan shall be submitted, ,to
and approved by the Communi tyServices Department aQd PI,anning
Servic'es Department prior to the issuance of building permits.
3.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, t.rash, and debris.
D.
SIGNS
Any signs propose'd for this development shall be designed and
approved in conformance with the Deyelopment Plat:! aI)d Sign
O'rdi'nance. The ,maximum sign height 10,cation is 20 feet from
grade per code and 15 percent of the Du.l1ding face.
'E. RECREATION - NONE
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F. EXISTING STRUCTURES - NONE
G. ADDITIONAL APPROVALS REQUIRED - NONE
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. GRADING
I. Grading of thesubje,ct property shall. be in,accordance with the
Uniform Building Cod'~, City Grading Ordinance, approved grading
plan and geotechnical report, and accepted grading practic,es.'
2. A soils report shall be prepared by a qualified engineer
licensed ,by the St'ate of Cali',forniatoper,form suCh w,ork' at
ti-rst sub~{ttal of a grading plan.
I. STREETS ,AND SIDEWALKS
1. Improvement plans prepared on standard size sheets by a
Registered Civil Engineer shall be ~ubmitted for approval by
the Director of Public Services. Plan check and inspection
expenses shall be paid by the developer in accordance with the
gradi'ng ordinance.
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Resolution No. P-88-72
Page 8
2.
All roads providing access to the
specifications of the Director of
occupancy.
si te' shall be, ,impr,oved to the
Public Services, prior to
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 iITIprovements shall be constructed prior to
occupancy to the satisfaction of the Director of pubiic
Services.
Separate public improvement olans 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 di~posing of all sur-
face water originating within the lot, and all surface waters
that may flow onto the lot subdivision from adjacent lands,
shall be required. 'Sa,id d:rainage 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 existi,ng stubs at the property line.
Concentrated flows across driveways and/or sidewalks shall not
be permitted.
Portland cement concre,te cross gutters shall be insta,lled where
water crosses the roadwa~s.
UTILITIES
All utilities within the project shall be installed underground.
Water, sewer, and fire protection systems plans shall be
designed and construc,ted to meet requirE;.men,t,s of the City of
Poway and the Health Deoar:ment of the Count1 of San Diego.
3. On-si te sewer and wat,er sha'l'l connec.t to the existing ,s,tubs a.t
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
Ap.PROVEb and ADOPTED by the city
State: of ca'lifornia, this 7th day of
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ATTEST::
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j"Y\l"~c.L )</ j>ULbI";-t'l.-,
Marjorie ~. 'Wahlsten, City
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Clerk
STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
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I, Marjbrie K. Wahl~ten, C{ty Cleik of the City of poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resol ution, No. P-88-72, was duly adop'ted' by the Ci ty Counci I at
a meeting of said City Council held on the 7,th day of June
1988, and that it was so adopted by the following vote:
AYES:
BRANNON, HIGGINSON, TARZY, KRUSE, EMERY
NOES:
NONE
ABSTAIN: NONE
ABSENT: NONE
"--- ."'\' ..;.,! ':r --
,. ;".,.~_I ~~ "'-.. ,.' v;v~~
Marjorie K. Wahlsten, City Clerk
City of poway
R/R-6-7.1-9