Covenant Regarding Real Property 2002-0660923ooss33 DO(!'## 2002- 066092:5
RECORDING REQUEST BY: )
AUG 06, 2002 9 :'05 AM
CITY OF POWAY )
. OFFICIAL REM
WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
CITY CLERK ) FEES: 34.00
CITY OF POWAY )
P 0 BOX 789
POWAY CA 92074-0789 � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
/No Transfer Tax Due ) (TI, 2002.0660923
D
n COVENANT REGARDING REAL PROPERTY
1.
One Governor Park, 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 Assessor's Parcel Number 317 - 223 -19 ( ( "PROPERTY" hereinafter). In
consideration of the approval of Comprehensive Sign Program 00 -03, by the City of Poway
( "CITY' hereinafter), OWNER hereby agrees to abide by'conditions of the attached Resolution
No. P -01 -02 (Exhibit B).
The property owner agrees that unless a Variance is applied for and approved for the
seven foot address signs on all of the subject buildings, the signs will be abated no later than
September 26, 2002.
This Covenant shall run with the land and be binding upon and inure to the benefit of the
future owners, encumbrancers, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that Comprehensive Sign Program 00 -03 expires or is rescinded by City -
Council at the request 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.
OWNER: p
Dated: " 0 t By: �A
One Governor Park (Notarize)
Office Buildi g L.P. by its, general
partner, Quantum Building Maintenance
Aldo Cerciello
CITY OF POW YQ%
Dated �q �• By:
Niall Fritz, Director of Develop nt Services
t- UP o3 -q
oa�o-3o
n„�_ /COPY ��q
RECORDING REQUEABY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
005834
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
One Governor Park, 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 Assessor's Parcel Number 317 - 223 -19 ( "PROPERTY" hereinafter). In
consideration of the approval of Comprehensive Sign Program 00 -03, by the City of Poway
( "CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached Resolution
No. P -01 -02 (Exhibit B).
The OWNER agrees that unless a Variance is applied for and approved for the
seven -foot address signs on all of the subject buildings, the signs will be abated no later than
September 26, 2002.
This Covenant shall run with the land and be binding upon and inure to the benefit of the
future owners, encumbrances, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that Comprehensive Sign Program 00 -03 expires or is rescinded by City
Council at the request 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 attorney's fees, from the
other party.
Dated:
Dated: 7 A 2'4 2,—
MAplanning\phyllis\covenant CSP00 -03.doc
M
One Governor Park
Office Building L.P. by its general partner,
Quantum Building Maintenance
CITY OF POWAY:
By: _Z
Niall Fritz, Direats of Development Services
•
005835
STATE OF CALIF NIA,
COUNTY OF
b } S.S.
-►D cuvevk&wr
-(WY'A(V� f aJ- F-Y�0+j
On \c1 V 1 U l y V t1Z before me, F J`� � "t Spar v
a Notary Public in and for said C unty ind State, personally
appeared
personally known to me (or pr
the beams at satisfactory evidenc � to be
the persono whose name's) is /are-subscribed to
the within instrument and acknowledged to me that
he /sl e/they executed the same in his /herttWr
authorized capacity(iesr and that by his /herkheir
signatureKon the instrument the personal, or
the entity upon behalf of which the person(s)-
acted, executed the instrument.
WITNESS m hand and official sea
Signatur
STATE OF CALIFO A,
COUNTY OF } S.S.
On before me,
a Notary F
appeared
personally known to (or proved to me on
the basis of satis dory evidence) to be
the person(s) whos name's) is /are subscribed to ;
the within instrum t and acknowledged to me that
helshe /they ex cuted the same in his /her /t air
authorized c acity(ies), and that by his /he their
signature(s on the instrument the pers � or
the entity/upon behalf of which
acted, ecuted the instrument.
my hand and official
Signature
FOR NOTARY SEAL OR STAMP
eETrtANYSP'OONER
Commission 01332484
Notary Pubtic - cardomia q
San-DiegoCounty L .
and for said County and State, personally
FOR NOTARY SEAL OR STAMP
TE 160 Legal (2 -94)
This form is furnished by Chicago Title Company
EXHIBIT A
LEGAL DESCRIPTION
0
005836
LOT 22 OF CITY OF POWAY TRACT NO. 85-04 UNIT 1, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 11742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MARCH 9, 1987.
4
0 0
OOSS37
RESOLUTION NO. P- 01 -02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING COMPREHENSIVE SIGN PROGRAM 00 -03
AND RESCINDING RESOLUTION NO. P -00 -79
ASSESSOR'S PARCEL NUMBER 317 - 223 -19
WHEREAS, Comprehensive Sign Program (CSP) 00 -03 submitted by Art Hams,
for Napoli Business Park, requests approval of a Comprehensive Sign Program for the
multi- tenant, light industrial center, located at 12720, 12740, 12760, 12780, 12840 and
12860 Danielson Court; and
a
WHEREAS, the item was scheduled for the August 29, 2000, City Council
meeting for City Council review; and
WHEREAS, on August 29, 2000, the applicant requested the item be continued
and the City Council continued the, item to the September 12, 2000, City Council
meeting; and
WHEREAS, on September 12, 2000, the applicant requested the item be
continued and the City Council continued the item to the September 26, 2000, City
Council meeting; and
WHEREAS, on September 26, 2000, the City Council approved Comprehensive
Sign Program 00 -03 subject to the conditions contained in Resolution No. P -00 -79; and
WHEREAS, on October 6, 2000, the City Clerk received a request from the
applicant's attorney that the City Council rehear the item pursuant to Chapter 2.21 of the
Poway Municipal Code; and
WHEREAS, on October 24, 2000, the City Council reviewed the request to
rehear Comprehensive Sign Program 00 -03 and - agreed to rehear the request at its
November 14, 2000, Regular Meeting; and
WHEREAS, on November 14, 2000, the City Council granted the applicant's
request to continue the item to the November 28, 2000 City Council. meeting to allow
additional time for the applicant to discuss the compliance issue with Staff, and
WHEREAS, on November 28, 2000, the City Council granted the applicant's
request to continue the item to the December 5, 2000 City Council meeting to allow
additional time for the applicant to discuss the compliance issue with Staff, and
WHEREAS, on December 5, 2000, the City Council granted the applicant's
request to continue the item to the December 12, 2000 City Council meeting to allow
additional time for the applicant to discuss the compliance issue with Staff,, and
EXHIBIT B
Resolution No. P- 01 -02
005838 Page 2
WHEREAS, on December 12, 2000, the City Council granted the applicant's
request to continue the item to January 9, 2001 to allow additional time for the applicant
to review the compliance issue; and
WHEREAS, on January 9, 2001, the City Council conducted a rehearing of
Comprehensive Sign •Program 00 -03.
NOW, THEREFORE, the City Council does hereby resolve as follows.
Section 1: CSP 00 -03 is categorically exempt from the California Environmental
Quality Act pursuant to Section 15311 (Class 11), in that it is for the placement of minor
Structures accessory to (appurtenant to) existing facilities.
Section 2: The proposed use is in accordance with the purpose and standards
contained in the South Poway Specific Plan Development Standards
Section 3: The City Council hereby finds that each of the street numbers that have
been installed on each of the buildings located at 12760, 12840, 12740, 12860, 12780
and 12720 in the South Poway Planned Community with a dimension of seven feet in
height and eleven feet in width as shown on the plans dated received on June 7, 2000,
are wall signs as defined by the Section 17.04.015 of the Poway Municipal Code. The
City Council adopts by this reference all of the findings set forth in the staff report dated
November 14, 2000, and on file with the City of Poway Department of Development
Services.
Section 4: The City Council hereby approves Comprehensive Sign Program 00 -03;
subject to the following conditions:
A. Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
B. 'All signs shall conform to the sign criteria and design guidelines contained within
the South Poway Specific Plan Development Standards, and the general
provisions of the Comprehensive Sign Ordinance of the Poway Municipal Code,
as amended from time to time, except as expressly provided otherwise by this
Resolution.
C. The applicant shall be allowed to obtain tenant signage for those tenants leasing
space at the subject site as permitted by the South Poway Specific Plan
Development Standards.
D. Unless a Variance is applied for and approved for the seven foot address signs,
the applicant shall abate the signage and shall sign a written agreement within 30
days of the date of this decision that they will abate them no later than
September 26, 2002. The form and content of the agreement shall be to the
satisfaction of the City Attorney.
EXHIBIT B
E.
a
005839 , Resolution No. P- 01 -02
Page 3
The following design standards shall apply:
1. Freestanding Sign:
Shall be a maximum of six feet in height.and maximum sign area of
a.
40 square feet per face.
b.
Shall be located so as not to interfere with the sight visibility along
Danielson Court, or encroach within the City's right -of -way.
C.
Individual signs on the freestanding sign shall be blue glass
(Frazee Mariner Blue).
d.
The sign letters shall be individual white foam letters.
Street addresses shall be incorporated into the face or structure of
e.
the freestanding sign in numerals at least six inches high.
2. Wall Signs:
a.
Shall be constructed of individual foam letters (either Frazee
Mariner Blue or white).
b.
The tenant/company name shall be located in the sign area as
designated on the CSP 00 -03 plans on file with the City, and shall
be located directly above the entry doors.
C.
One wall sign is permitted for each tenant space except for comer
suites, which may have a maximum of two.
d.
Wall signs are not permitted to be' placed on the building face
higher than 12 feet from finished grade.
e.
A maximum of one logo per wall sign is permitted. Applicant may
request approval, " by the Director of Development Services, for
colon(s) other than Frazee Mariner Blue or white for logos.
f.
Wall signs are limited to identification of the business, use, and
service provided and /or identifying logo.
The number and sign area of each of the address signs on each of
g.
the buildings shall be treated as wall signage in the determination
of allowable wall signage on each of the buildings. The remaining
availability per building elevation and remaining sign area per
building elevation, which the address signs are in place, shall be as
set forth in the table contained in Exhibit A that is attached to this
Resolution.
EXHIBIT B
005840
3. Directory Sign:
• Resolution No. P- 01 -02.
Page 4
a. Shall be limited to listing the tenants name and suite number.
b. Shall be a maximum of 12 square feet in size.
F. Approval of this request shall not waive compliance with Section 17.40.010 of the
Zoning Code, and all other applicable City ordinances in effect at the time of sign
permit issuance.
G. Prior to installation of any sign, the applicant shall obtain an
individual Sign Permit approval from the Development
Services Department, Planning Division, and the required
Building Division approvals and permits.
Section 5: Resolution No. P -00 -79 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the
State of California, this 9th day of January 2001. A n/
ATTEST:
I;e Peoples
Lo
Lo %Anne Peoples, City Clerk
EXHIBIT B
of Poway,
0
• • Resolution No. P- of
005841 Page 5
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
1, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P- 01 -02 was duly adopted by
the City Council at a meeting of said City Council held on the 9th day of January 2001;
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
d
ABSTAIN: NONE
ABSENT: NONE Q ��
Lori nne Peoples, City Clerk
City of Poway
EXHIBIT B
i
Building Building
Number Elevation
And Address
Resolution No. P- 01 -02
005842 ! Page 6
Exhibit A
Maximum Allowable Remaining Allowable
Sign Area (sq. ft.) Sign Area (sq. ft.) to Be
Split Between Tenants
A North 100 48.2
(12760
Danielson) East 100 48.2
a
B East 100 48.2
(12840
C
South
100
48.2
(12740
Danielson)
D
South
78.4
26.6
(12860
• i Danielson)
t
East
100.
48.2
E
North .
78.4
26.6
(12780
Danielson)
West
100
48.2
South
78.4
26.6
F East 100 48.2
(12720
Danielson)
South 78.4 26.6
n:\cttylplanningloorepore=p0003 dec 12 res.doc
• •
REQUEST TO RECORD DOCUMENTS WITH
COUNTY RECORDER
Requested By: Development Services Extension No.: 4292
Type of Document: COVENANT REGARDING REAL PROPERTY
If a document is to be recorded against real property, a copy is mailed to the property
owner(s). Please provide the following information:
Property Owner: One Governor Park
Address: 6390 Greenwich Drive, #150
San Diego, CA 92035
ease „attach label o add&i "sed _envelope above
Parcel No.: 317 - 223 -19
Related Case No.: CSP 00 -03
(TTM, TPM, CUP, DR, Grading Permit No., etc.)
Location of Property: Napoli Business Park
(if possible)
Check appropriate boxes:
Notary certificate attached Yes,,
Acceptance stamp es
attached
' / Yes ) • Not
If it is of benefit to the City, a check is not needed. If it is not of benefit, a check made
payable to the County Recorder / County Clerk must be included. The fee is $7.00 for
the first page, $3.00 for each page thereafter. Notary certificates qualify as 1 page. (If
the certificate can be placed over a blank section, it does not count as an extra page.)
All recorded documents are mailed to the County Recorder from the City Clerk's Office.
If a document is to be picked up by a Title Company, (before telling them when they can
pick it up) check with the Clerk's Office.
Title Company:
Contact:
Reason for Title Company pick -up:
N:\city\olanning\forms\REQ.RECORD.FRM.doc
Phone:
Pick -up Time:
ITY OF POW
MICKEY CAFAGNA, Mayor
BOB EMERY, Deputy Mayor
JAY GOLDBY, Councilmember
DON HIGGINSON, Councilmcmber
BETTY REXFORD, Councilmember
September 25, 2002
One Governor Park
6390 Greenwich Drive #150
San. Diego CA 92035
Enclosed is a copy of the Covenant Regarding Real Property, which was recently
executed and has been recorded. This copy is for your files, and the original of the
recorded document remains on file in the City Clerk's Office.
Sincerely,
Sherrie D. Worrell, CMC
Deputy City Clerk
Enclosure
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074 -0789 • (858) 748 -6600, 695 -1400
® Printed on Recycled Paper FAX 748 -1455
ONE GOVERNOR PARK OFFICE BUILDING, L.P.
ONE GOVERNOR NAPOLI ACCOUNT
6390 GREENWICH DR., SUITE 150
SAN DIEGO, CA 92122
PAY
TO THE
ORDER OF
First National $ank
�d1eBCA 92037-�(B58) 63] -]200
11100 2 1491" +l: 12 2 2 3893817008304070911'
ONE GOVERNOR PARK OFFICE BUILDING, L.P.
ONE GOVERNOR NAPOLI ACCOUNT
6390 GREENWICH DR, SUITE 150
SAN DIEGO, CA 92122
PAY Cf
TO THE Al\-N
ORDER OF
)-P� �c AeI
2149
90- 3893195
DATE
DATE
DOLLARS 6'
2152
}/ 90- 3893/95
(� 1222
8 —=--
First National Bank
1J La Jolla, CA 9203]- 5621558) 63] -]200
FOR feCO�d ezwena,tt-
11. 00215211 ■ +i:1 2 2 2 389 381:008304070911a l
ONE GOVERNOR PARK OFFICE BUILDING, L.P.
ONE GOVERNOR NAPOLI ACCOUNT�O'155hoc4�'1d�'*i pIa (�
SAN DIE(iO, CA 92122 1
PAY n
TOTHE
ORDER OF
2161
k 90- 3893/95
DATE ' (/� 1222
a . (90 vkl t,)/ CL' M y M , r - k
First National Bank
800 SlN aaa Street (858) 637 -7203
La JdIa,C 92007 -5625
DOLLARS e =—
000 2 16 &1"'+,: 1 2 2 2 389 381:008 3040 709111