Covenant Regarding Real Property 1998-0054388
"
":'~i~~,f~"
;1 ,
,I
.
R,ECQ~DING REQUESTB';::.
CITY OF PQV'fAY
WI'lEN RECORDEDMAILTO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax,[)ue
DOC . 199H-QU8438B
AM
FEB
1998 9':.39
03.
)
)
)
)
)
)
)
)
)
)
)
) (This space for' Recorder's Use)
Fe. -:liP
622
OFFICIAL RECORDS
,SAN,DIEGOCO~~TY RECORDER'S'OFFICE
W:GORY J. SMITH, COUNTY RECORDER
FEES: 25.00
I 111111111111111111111 IIIIIII~jJ~~J]I[IIIIIIII11I1I" I1I11 11111111'
COVENANT REGARDING REAL PROPERTY
Cha'rIE's,A. Miller<("QWNER" hereinafter)i!> the owner ot'real propertydescribed'in ExhibitA,which
.' .. ..... ... - '." . ,- --- -,.,. - ,~ -.. -,' --
isatt",ched hereto and made aparlhere6fand,which is commoh!yknown as Asse.ssqr;s Pgt,rcelNumber :li7-
490-74 ("PROPERTY" hereinafter), In consideiiltion6fthe approval of Mino(C6nditional Use Permit 97-04
by theCiiy o!pqway (:'CITY" hereinafter), OWNER herebyagiees to abide by cbnditiohsiof the 'attached
resolution,(Exhibit B),
This Covenant shall.fun with tile land, and be' binding upon and inure to the benefit of the future
owners;, enqu.mbrancers, successors;" neirs, personal reptesehtatives, transferees and assign's 'of'lhe
respective parties.
In the event that Minor Conditional,Use Permit 97-04 expires,or'is rescinded by City Council at the
request oftheOWNER, CITY,shall,expUhgelhis Covenantfrom the record title of the PROPERTY,
In the evenl'of litigationhenfS>fce,the provisions of this Covenant, the prevailing party shall be entitled
to fullieimbursement of all costs, including reasonable attorneys"fees,'from'the other'party,
Dated:
(l-1..-'{ - 4'1
Dated: I~-,I (p-01
~~ G
Char esA. Mi ler, OWNER (Notarize)
CITY OF POWAY
By:
~,;11)T .~tC~
; ~AliioRNIA ALL';PURPOtP ACKNOWLEDGMENT .
.
C"./I ~~I~
..sA..... Ole~
On /)u.. J. 'If 1"1 '" 1 before me,
personally appeare:" 811,,1"/ e~
State of
623
'J
County of
5Oj.,,,,, tJ. JlkI'YI6~ ~ I ,vIla.,
A . ;,aj !/er;::' Officer (e.g.. "Jane Doe, Notary Public")
Name(s) of Slgner(s)
.
1'<1/,110
i 't@'_.. JOHNW,~H.~RRISON I
_ COMM, #1036058 ~
...: ' NOTARY PUBLlC,CALIFORNIA
- SAN.DIEGO COUNTY
I.. My Commission Expires _
, AUGUST 19,,1998 I
o personally known to me
}i(proved to me on the basis of satisfactory evidence
to be the person~ whose name~ isl6re subscribed to the
within instrument and acknowledged to me that heI8R8,(tR8~'
executed the same in hisl~r authorized capacity~,
and that by his/RQr'tRsir signature(,g) on the instrument the
person(,g), or the entity upon behalf of which the person(.8;
acted, executed the instrument
Signature of Notary Public
OPTlO :AL
Though.the information be/ow is not required by law,)t may prove valuable to persons relying on the document and could prevent
fraudulent remova/'and reattachment of this form to another document.
Description of Attached Document
tON"4., ~
,('t1 """/''')
.... -
/f!-e-.i
I'~ I'-~
;:;
Title or Type of Document:
Document Date:
/tlt-a.Y-?i
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by'Signer(s)
C J,&yff) -1. ;fort/It'/"
Signer's Name:
Signer's Name:
~ividual
o Corporate Officer
lltle(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
TopoLlhumb here
o Individual
o Corporate Officer
lltle(s):
D Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top olthumb here
RIGHT THUMBPRINT
OF SIGNER,
Signer Is Representing:
Signer Is Representing:
<<:I 1996 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Paril. CA 91309-716'
Prod. No. 5907
Reorder: Call ToU-Free 1.800-876-6827
.-.,;~--'
.
.
LEGAL DESCRIPTION
624
Parcels 1 and 2 in'the City of. Poway; County of San Diego, State of California, as
shown at Page 3020 of Parcel Maps filed in the Office of the County Recorder of San
Diego County, September'5, 1974.
Excepting therefrom allgas,oil, hydrocarbons, and minerals,living in, on, or under said
land;: however, no right of entry is reserved upon the surface'for the purpose of
exploring for or extracting oil, gas, hydrocarbons, or minerals, reserving however, the
rightfoenter the subcsurface for..the purpose of extracting same, as reserved in deeds
recorded August 31, 1967 as File/Page No. 158959 of Official Records and September
6, ,1966 as File/Page No. 144737 of Official Records, respectively.
Exhibit A
< '
.
.,'
. .,
(
RESOLUTION NO. P-97-66
625
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 97-04
ASSESSOR'S PARCEL NUMBER 317-490-74
WHEREAS, Minor Conditional Use Permit 97-04, submitted by Samuel
DowninglLambs Fellowship Church, Applicant, request approval to conduct church
,services at 12635 Poway Road within the Poway Village COI' Ii; ,El, ,,;al Center. The property
is within the Community Business zOlle; and
WHEREAS, on December 16, 1997, the City Council held a hearing on,the above
" referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
The City Council finds that this project is Categorically-Exempt, Class 1 from the the
California Environmental Quality Act because the use will operate within existing
facilities.
Section 2: Findinas:
1. The the location, size, design, and operating characteristics of the use is in
accordance with the general plan and the, zoning ordinance in that a church
can be established within the Community Business zone with the approval
of a minor conditional use permit.
2, That the location, size, design and operating characteristics ofthe church will
be compatible and will not have an adverse affect or be materially
detrimental to adjacent uses, buildings, or structures. in thaHhe church will
operate within an existing building and the prqJ"""rl hours of operation for
the church for the most part will be offset from hours of operation of the
surrounding general commercial businesses.
3. That the location and operating characteristics of the church will not be
detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the area in that the church will operate within
an existing building which is served by adequate public facilities.
4. Tnat;there,.wi.ll not be significant harmful.effectsupon environmental quality
and"naturalresou'rcesin that the church will operate within an existing
building on a fully developed site.
EXHIBIT B
.
,
.
626
Resolution No. P-97-66
Page 2
5. That the generation of traffic will not adversely impact the surrounding streets
andlor the City's Circulation Element, in that the use will operate within a
commercial center where existing street improvements and off-street parking
are adequate,
6. That there are no other relevant negative impacts of the use that cannot be
mitigated, in that the church is subject to an annual review to monitor any
unforeseen negative impacts.
Section 3: Citv Council Decision:
The City Council hereby approves Minor Conditional Use Permit 97-04 subject to
the following conditions:
1. Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property
owner shall 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
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. Thejappropriate Building Department approvals and fees shall be received prior to
initiation of construction and occupancy of the building.
2. Revised site plans and building elevations 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
Ordinance and all other applicable City Ordinances in effect at the time of building
permit:issuance~
.
.r
,\ .,
.
i
\
4.
Resolution No. P-97-66
Page 3
The applicantshall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, UnifQrm Plumbing Code, National Electric Code, Uniform Fire
Code, and all other applicable codes and ordinances in effect at the time of building
permit issuance, '
62?
5, 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.
'cOMPLlANCEWITHTHE FOLtOWINGCONDlTIONSIS.REQlJIRED. COMPLIANCE
SHALL BE ApPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1.
Tenanfimproyement plans shall be submitted totheSuilding Department for an A-3
'occupancy and include panic hardware, exit signs, an other fire safety requirements:
2. A permitshalibe obtained from the Fire Department for an assembly occupancy.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 16th day of December 1997.
~~<.
Don Higginson, May~
ATTEST:
"~w., k NVWt..
Ma~otJ Wahlsten, City Clerk
I hereby certify, under ,the, penalty'
of periury;,,:that the ,,!iove and
" \-......
for'egoing":"is a true anck ,.ofrect
copy of R~solution No.E.-9::J-6b,
as adoPt~d by'the Ci!y Co~ncil of
Poway, j;aHfornia on 'th~ ;b,'PJ.,
day oI;!.JVA'.~,]9'l+-.
MARJOR E K, AHLSTEN, CITY CLERK
by.
As:,i s;a,..+ Ci't"1 CleML
-.
-~ ,~ . " .
I
i
I
I
"
'-
.
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
e,r-
628
Resolution No, P- 97-66
Page 4
I, Ma~orie K:Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of pe~ury,that the foregoing Resolution, No. P-97 -66 , was duly adopted by the
City Council at a meeting of said City Council held on the 1 lith day of
, 'December ,1997 and that it was so adopted by the following vote:
AYES:
CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
NOES:
NONE
ABSTAIN: NONE
ABSENT: NONE
E:\CITY\PLANNINGlREPORT\MCUP9704.RES
-,