Covenant Regarding Real Property 2009-0359692
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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DOC. 2009-0359692
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JUN 30, 2009
4:52 PM
OFFICI.6.L F:ECClRDS
'ioN DIE[,O COUI'lr, RECOP,DER":, OFFICE
['i'.VI[' L, BUTLER, COUIHY RECORDER
FEES: , 6,[1[1
PAGES: 3
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(This space for Recorder's Use)
APN: 31.7-490-08
COVENANT REGARDING REAL PROPERTY
Kaminski Family Trust, PROPERTY OWNER ("OW~ER" hereinafter), is the owner of
real property located at 12735 Poway Road.
In consideration of approvai by the City of Poway ("CITY" hereinafter) of Development
Review 08-01 R and a Building Permit to establish a restaurant with an outdoor dining patio
on the above-referenced property, 0WNER hereby agrees to the following:
The project shall comply with City parking requirements. The parking requirement for
the restaurant use, based on information provided by the applicant, is as follows:
Employee Parking
12
Parking for Dining Area where there are no fixed seats. (940
square feet at the rate ,of 1 space for every 75 square feet)
12.5
, Parking-for-dining. area where there is fixed seats. -(91 seats at the
rate of 1 space for every 5 fixed seats)
18.-2-
'Total RequiredParking Spaces
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42.] rounded'to the
nearest whole
number = 43
'The number of onsite parking 'sp-aces shall be a minimum of 37. The six additional required
parking spaces shall be satisfied pursuant to the License Agreement dated May 8, 2009,
that established a shared parking agreement bel1(lieen the applicant and the owner of
the adjacent property located at 12759 Poway Road and ,on file with the City. Should the
License Agreement dated May 8, 2009, be revoked for any reason, and prior to the effective
date of the revocation, the,applicant shall notify the City and submit to the City a new shared
parking agreement. The form and content of the new parking agreement shall be to the
satisfaction of the City Attorney and Director of Development Services. The new shared
parking agreement shall proVide access to a minimum of six parking spaces to the subject
oC\-()~t
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i:<amin;kLFamily Trust
Development Review 08-0~ R
Covenanl'Regarding RealPrqperty
Page 2 . '
property and shall be on a property that is in close proximity to the project site. Alternatively,
the applicant may process an amendment to the Development Review permit to reduce the
parking demand for the restaurant:
Should the above referenced agreement be discontinued and a new shared parking
-agreement be established, the City shall expunge this Deed Covenant and the property
:owne~ and City shall record a new Deed Covenant with the new agreement: The ~tipulations
-contained -in the subsequent Deed Covenaritshall be consistent with the stipulatiOns
containE?d if) tl1.is Deed Covenant:
This 'Colienantsliall'run witl:t/the land 'and be: binding upon and, inure to :the benefit of
:the: future :,owners, enci:Jmbrances;, successors, heirs, PElrsot:lal representatives, transferees
and assigns ofthe respective parties.
If either party is required to incur 'costs to enforce:the provisions of this Covenant, the
prevailing party shall be entitled to full reimbursement of all costs, including reasonable
attorneys' fees, from the other party:, The CITY fDay assign to persons impacted by the
performance of this Covenant the rignlte enforce this Covenant against the OWNERS.
OWNER: Kaminski Family Trust
Dated: 13,(Of
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QLi::r6 ' , ~
Stan aminski, Trustee
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Dated:
0/2/01
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By:,
M :\planning~ason\DRs\kaminski' cov _docx
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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County of S8n OiAgo
O~np.l~'2lti1
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personally appeared
before me, Shpllp\1 CnllillS J.;!!"/t8fX PII!ilJ,ir:
~v\'Lu [' m.~" .m.... ~~'
;y- N'~
. COLLI
· ,Com_iOn" 1787.79
i IlolQIy PutIIIc . Call1ornta I
D Ban DIogO County .
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who proved to me on the basis of satisfactory evidence to
be the personl*whose"name(8(W.afe'subscribed to the
within instrument and aCl<n211\iledged ,tome th",t
~executed the samei~ authorized
capacity(~ andthat~ignatur~on the
instrument the person(s(. or the entity upon behalf of
which the person(sYacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal /lbove
Signature
OPTIONAL
Though the information be/ow is not required by law; it may prove valuable,to persons relying on the document
and could prevent fraudulent removal and reattachm~n( of this form to another document,
Description of Attache~t,
Title or Type of Document: l\1l;\:;
Document Date: ( P /''1;",'''1)))9
{IJ lfpkd .VAIA fttoJ) ~Vl'V6'vh Y
. ~umber of Pages: /.._____ "
ODrJ-) Vl0CU'lAS --- -
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
'..I
Signer's'Name:
o -Individual
D Corporate Officer - Title(s):
o Partner - D Limited D General
" :.0 ,i\.ttorney in Facl
.0 Trustee,
D Guardian or Conservator
o Other:
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Signer's ,Name:
D Individual
D Corporate 'Officer -Title(s):
o Partner - D Limited D General
D Attorney, in Fact
o Trustee
o Guard,ian or Conservator
DOther:
RIGHTTHUMSPRJNT
OF SIGNER
RJGHMHUMsp.r;INT
OF SIG~EA","" .;
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Signer Is Representing:
Signer Is Representing:
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C2007Nalional Notary As:soaation'" 9350 De Solo Ave., P.O. Box 24024ChaIswotth,CA 91313-24024www.Nationa/N(;ltary,0f9 I1em 15907 ReOfder.CalIToII-Free1-&:lO-876-68Z7'
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