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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 In the event that Comprehensive Sign Program 00 -03 expires or is rescinded by City - Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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