Covenant Regarding Real Property 2009-0396476
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RECORDING REQUEST BY:
CITY OFPOWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
POBOX 789
POWAY CA 92074-0789
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DOW 2009-0396476
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JUL 17, 2009
4:25 PM
OFFICIAL RECORDS
',;MI DIEGO cOUNTY FIECORDER'S OFFICE
O~VI[l L BUTLER. COUNTY RECORDER
FEE,; 31.00
PAGES:
8
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(This space for Recorder's Use)
APN: 275-460c62
COVENANT REGARDING REAL PROPERTY
Country Montessori School of Poway, A California Nonprofit Corporation,
PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property described in
Exhibit A, which is attached hereto and made a part hereof, and which is commonly
known as 12642 Monte VistaRoad ("PROPERTY" hereinafter),
In consideration of the approval of Conditional Use Permit (CUP) 91-08M(8), by
the City of Poway ("CITY" hereiljafter), OWNER hereby agrees to abide by the
conditions of approval in the attached Resolution (Exhibit B).
This Covenant shall run with, the land and be binding upon and inure to
the benefit of the future oVliljers, encumbrances,successors, heirs, personal
representatives, transferees and assigns of the respective parties,
In the event that CUP 91-08M(8) expires or are rescinded by City Council at the
reqLiest of the OWNER, CITY shall expunge this Covenant from the record title of
the PROPERTY.
In the event of litigation 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.
Dated:
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Dated: to-lip ..Dq
OWNER: Country Montessori School of Poway
By: T/+f"...>-Oo'lV'- (. $'<:> ~ 'G.R 'C..--
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By:
M:\planning\09report\cup\91-08M8 Country Montessori\co'J.docx
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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personally appeared
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Name(s)oISigner(s)
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RENU A, KHANI:iA
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who proved to me on the basis of satisfactory evidence to
be the person.(sJ whose nam$) is/afe subscribed to the
within instrument and acknowledged to me that
he/sftelthey executed the same in hisfRet;ltReir authorized
capacityQesJ;8nd that by his/herJti:lQir signature(sj- on the
instrument the person~), or the entity upon behalf of
which the person(sfacted, 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 Above
WITNESS my hand and official seal.
Si~ ~ c,( r- J:\. ~ c.~.^-..c.,
- Signature 01 Notary Public
OPTIONAL
Though the information below is'not.required by law. it may prove valuable to persons refying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: lOI},',", c....' 1-
Document Date:
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Number of Pages: \
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
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Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHITHUMBP.RINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
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EXHIBIT A
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Order Number: NCS-'13182fi~SD
Page-Number; 7
LEGAL DESCRIPTION
Real property in the City'o(poway, County of San Diego, State of California, described as follows:,
A,II that POrtion of the ,Easterly 885,00 feet of the West halfof the'50utheast Qua'rter of Section
35, Township 13 South,;Rahge2West,San Bemardino Meridian, in,'the City of Poway, CounWof
San Diego, State of California, according to United States Government Survey, approved April 22,
1876, more particularly described as follows:
Commencing at the Southeast corner of said West half ofthe Southeast Quarter of Section 35;
thence Northerly along the Easteriy line of said West half oftheSoutheastQuarter; North 00
degree 35'03" East, a distance of 495,10 feet; thence WesterlY'along a line that is parallel with
the 50utherly.line ofsaid'\ye?t ~alf of the Southeast Q!JatterNorth 88 degrees 11'35" West, a
distance of 885,09 feet,{885,'2.o feet per Map No, 8138) to'th,Hrue pOint of beginning;,saidpoint
also being the Southeastc6rn~rof Lot 1 of Poway MedicarYnitNo, 1, recorded July2, 1975,as
Map No, 8138 in the Officeofthe County Recorder of San biegoCounty;,thenceNorth'OO degree
35'03" West (North ob degree 34'35" West per Map 8138) a distance oCl99,95'feet (299.99 feet
per Nap No, 8138) to the point on theSoutherly right of way:lineofNonte Vista Road
(Georgeruss Road); thence along'said Southerly right of way line South 88 degrees 11'35" East, a
distance of 97.29 feet to the:beginning 'of a tangent curVe, concave Southwesterly with a radius of
170,00 feet; thence Easterly along said curve throughacentfal angle oU7 degrees 05'55" an arc
distance of 110.07 fe,ettoa p,6in(through whicharadiarbearsNorth'38 degrees 54'20" East;
".(lience ,leaviilgSaia curve ,North '38deg[~!i.:.5.1'~0:':East,::a~distance'0UO,00 feet,to a ,pointon a
- ---curve as' described withirFan offer to dedicate (Pu.blid'ighway) recorded April 10, 1975 as
instrument no, 75.083154,ofOfficial Records, said.describ.ed line"j~ing the centerline of said
proposed publichighway"said,curve,being concave Southwesterly havingaradjus of 200;00 feet;
thence Southeasterly. al~ng the, arc of said curVe through,a'centralanglle of i7 cjegrees 56'40", a
distanceo(62.64'feet; ,thence tangent to said cUrVe'South 33:,degrees 09'00" East, a distance of
157,47 feetto the beginningof,atangent curve concave Northeasterly, having a radius of 200.00
feet; thence along the arc-ofsaidcurve through a central angle of 55 degrees 02'35", a distance
of 192,14 feet; thence tangent to said'curve South 88 degree2 11'35" Ea'st, a distance of 17,99 .
feet to;a:point on the Wester/ylirie.of Parcell asshown,on Record of Survey No. 8601, recorded
November 26, 1980, in,th~Qffice of the County Recorder olSan Diego County; thence along the
Westerly line of said Parcel:t, South 02 degrees 06'35" West, a distance of 30.00 feet; thence
Westerly. along said line North 88 degrees 11'35" West, a distance of 526,78 feet to the true
point of beginning, .
. Said propert'i, being described as Parcel C in,a Certificate of COmpliance recorded on September
9, 1983 as'instrument no. 83.322505 of Official Records of said San Diego County,
Excepting therefrom one-haliof all minerals, coals, oils, petroleum, gases and other kindred
substances. under and in said land, but without right of. entry of the surface thereof, but with the
right, however, to:drill in, through or under said land or to explore;'develop'or take one-half of all
minerals, coals, oiis" petreJle"um, gases and otherkindred substances.in and from'said land, all
such operations;tobeconducted below'a depth of 200,00 feet below the surface of said land, as
reserved by'George J..Russ and Birdeen J, Russ, husband and wife, in Deed recorded January 29,
1974 as instrument non4.022642 of Official Records,
APN: 275.460-62"00
Rrst American Title Insurance Company
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RESOLUTION NO, P-09-17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CAliFORNIA
APPROVING CONDITIONAL USE PERMIT 91-08M(8),
ASSESSOR'S PARCEL NUMBER 275-460-62
WHEREAS, on June.30, 1998, the City Council approved a Modification to the
Country Montessori Conditionai ,Use Permit (CUP) 91-08M(2) to increase the maximum
enrollment from 150 students to 165 students in conjunction with an existing legally
established school use located at 12642 Monte Vista Road, in the Commercial Office
(CO) zone; and
WHEREAS, on June 4, 2002, the City Council approved by Resolution P-02-30,
Conditional Use Permit 91-08M(3), Development Review 98-16M and Variance 02-05 to
allow the installation of a 1,446'-square-foot, modular classroom within the 10-foot side
yard setback area and increase the permitted capacity from 165 students to 195
students for the School. A June 4, 2005, expiration date for the CUP was established
to direct the school to either find a permanent onsite solution to its growth or build a
school on a new site.; and
WHEREAS, on May 31, 2005, the City Council approved by Resolution P-05-41,
a request to modify the condition of approval contained in Section 10 of Resolution
P-02-30 for a one-year CUP extension to allow the school to identify funding sources for
the School Master Plan; and
WHEREAS; on June 6, 2006, the City Council approved by Resolution P-06-30,
a request to modify the condition of approval contained in Section 4 of Resolution
P-05-41 for a one-year CUP extension to allow the school to pursue purchasing another
property for the relocation of the school; and
WHEREAS, on June 19, 2007, the City Council approved by Resolution P-07-29,
a request to modify the condition of approval contained in Section 4 of Resolution
P-06-30 for an extension ofiime until June 23,2009, to allow the school to complete the
purchase of the property, obtain required permits, and build a school campus at the new
site; and
WHEREAS, the City has received a request by Country Montessori School to
modify CUP 91-08; and
WHEREAS, on June 16, 2009, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
EXHIBIT B
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Resolution No. P-09-17
Page 2
Section 1: The proposed project is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15301, Class 1, in that the modification would result in
a reduction in fhe intensity of the existing school use of the site,
Section 2: The findings, in accordance with Section 17.48,070 of the Poway
Municipal Code, for CUP 91-08M(8), are made as follows:
A, The reduction in student enrollment and removal of a modular building are in
accord with the title and purpose of Section 17.48.070 of the Poway Municipal
Code, the purpose of the, zone in which the site is located, the City General Plan,
and the development policies and standards of the City,
B, The reduction in student enrollment and removal ora modular building would not
affect the location, size, design, and operating characteristics of the existing
school use, which will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structures, or natural
resources.
C. The reduction in student enrollment and removal of a modular building would not
affect the existing harmony in scale, bulk, or coverage, and the density of the
projeCt is consistent with adjacent uses. '
D. The reduction in student enrollment and removal of a modular building would not
affect existing public facilities, services and utilities at the site.
E, The reduction in student enrollment and removal of a modular building would not
have a harmful effect upon desirable neighborhood characteristics.
F, The reduction in student enrollment and removal of a modular building would not
negCltively affect the capacity and physical character of surrounding streets, and
the project is consistent with the circulation element of the General Plan.
G. The reduction in student enrollment and removal of a modular building would not
the affect suitability of the existing school development to the site.
H. The reduction in student enrollment and removal of a modular building would not
affect the use of hazardous materials or processes, nor does it affect any natural
resources. Therefore, .there will not be significant harmful effects upon
environmental quality and natural resources,
I. The, reduction.in student enrollment and removal of a modular building would not
affect other relevant negative impacts of the proposed use that cannot be
mitigated.
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Resolution No, P-09-17
Page 3
. J. The reduction in student enrollment and removal of-a modular building would not
negatively affect the existing location, size, design, and operating characteristics
of the use, and the conditions under which 'if would be operated or maintained
will not be detrimental to the public health, safety or welfare, or materially
injurious to properties or improvements in the vicinity, nor be contrary to the
adopted General Plan.
K. The reduction in student enrollment and removal of a modular building would
comply with each ofthe applicable provisions of Title 17 of the Poway Municipal
Code,
Section 3: The City Council hereby approves Coriditional Use Permit 91-08M(8),
to reduce the maximum enrollment from 195 students to 165 students for the Country
Montessori School located at "12642 Monte Vista Road, within the Commercial Office
zone, subject to the following conditions:
A. Approval of this modification shall apply only to the subject project and shall not
waive compliance with all sections of the Zoning Ordinance, and all other
applicable City Ordinances,
B. Within 30 days of the date of this approval: (1) the applicant shall submit in
writing that all conditions of approval have been read and understood; and,
(2) the property owners shall execute a Covenant Regarding Real Property.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses.
D, The conditions of this CUP shall remain in effect for the life ofthe subject private
school, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner,
E. Conditional Use Permit91-08 may be subjectto annual review, as determined by
the Director of Development Services, for compliance with the conditions of
approval and to address concerns that may have been raised during the prior
year that have not been resolved,
F. Any changes .in the approved use of the buildings, including, but not limited to,
the number of students, will require the approval of a modification to this
Conditional Use Permit. Depending upon the scope of such changes, at the
discretion of the Director of Development Sel'Vices,said modification may be
processed administratively or may be referred to the City Council for a public
hearing.
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Resolution No, P-09-17
Page 4
G. The existing 1 ,440-square-foot temporary c1a9sroo'1l building located along the
west property line shall be removed within 90 days of the date of this Resolution,
H. No new structures and no replacement structures will be allowed in the access
easement located along the southerly property line without the written
authorization of easement holders,
I. In conjunction with any future requests to modify Conditional Use Permit 91-08,
the applicant shall process a vacation of the existing access easement along the
southerly property line.
Section 4: The following performance standards shall apply to the school.
A. The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise, and shall comply with the noise standards contained
in Chapter 8.08 of the Poway Municipal Code, At no time shall equipment noise
from any source exceed the noise standards contained in the Poway Municipal
Code.
B. All existing lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining premises.
'c. No loudspeaker sound amplification system shall be used to produce sounds in
violation of the Noise Ordinance,
D. The parking areas and driveways shall be well maintained,
E. The owner or operator of the facility shall routinely and regularly inspect the site
to ensure compliance with the standards set forth in this permit.
F. The drop-off and pick~up of students shall be conducted in accordance with City-
approved traffic control plan to eliminate, to the maximum extent feasible, the
queuing of cars on the public street west of the westernmost driveway.
G. All landscaping onsite and within the adjacent public right-of-way shall be
adequately irrigated, and permanently and fully maintained by the owner at all
times in accordance with the requirements of the City of Poway Guide to
Landscape Requirements. The trees shall be encouraged and allowed to retain
a natural form, Pruning should be restricted to maintain the health of the
trees and to protect the public safety. Trees should be trimmed or pruned as
needed to develop strong and healthy trunk and branch systems. Tree
maintenance and pruning shall be in accordance with "American National
Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not
be topped and pruning shall not remove more than 25% of the trees' leaf surface,
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Resolution No. P-09-17
Page 5
Section 5: Resolution P-07-29 approving CUP 91-08M(3), DR 98-16M and VAR
02-05 for the addition of a 1,440-square-foot, modular classroom for a maximum of 30
additional students is hereby rescinded.
Section 6: The conditions of Resolution No. P-98-39 shall remain in effect except as
modified in this resolution.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of June 2009.
U~~I;~
Don Higginson, Mayor .v
ATTEST:
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STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Po way, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No,P-09-17, was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of June 2009,
and that it was so adopted by the following vote:
AYES:
BOYACK, CUNNINGHAM, KRUSE, HIGGINSON
NOES:
NONE
~BSENT:
REXFORD
DISQUALIFIED: NONE
// Li a . Troyan, MMC, Ci yClerk
City of Po way
M:\planning\09report\cup\91-08MB Country Montessori\res.docx