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Covenant Regarding Real Property 2004-0341117RECORDING REQUEST BY: f' CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 No Transfer Tax Due APN: 314 - 040 -09 DOG 46 2004 - 0341117 APR 20, 2004 9:47 AM OFFICIAL RECORDS 12919 SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 32.00 20000 14 - 033 -041111 17, (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Poway Unified School District, PROPERTY OWNER ( "OWNER" hereinafter), is the owner of real property ( "PROPERTY' hereinafter), which is commonly known as Assessor's Parcel Number 314- 040 -09 and more particularly described in Exhibit A. In consideration of the approval of Conditional Use Permit (CUP) 03 -14, a request to allow the installation of a wireless telecommunications facility on PROPERTY, by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached Resolution (Exhibit B). 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 In the event that CUP 03 -14 expires or is rescinded by City Council at the request of OWNER, CITY shall expunge this Covenant from the record title of PROPERTY.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: 'q g U Dated: / M:\planning\04report\cup\03-14\cov.doc OWNER: PoLjoul eJ C Glnivot D S+rrCf- By: oug M I nn (Notarize) CITY OF POWAY By: //. 2;;r NialrFritz D ector of D ent Services 0, P Dm,d 0210-20 Del -ml) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 12910 State of California County of San Diego On April 8, 2004 before me, Susan K: Kirchner, a notary public DATE NAME, TITLE OF OFFICER - E.G., *JANE DOE, NOTARY PUBLIC- No 5907 personally appeared DOUG MANN NAME(S) OF SIGNER(S) Xpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person{e} whose name(stis /afe subscribed to the within instrument and ac- knowledged to me that he /94e4te executed the same in his /bAr / their authorized capacity(+esr and that by his /httfthsif signature(4 on the instrument the person(s}, SU — MN KKRCNNER or the entity upon behalf of which the CanZ. *1455726 person(s)-acted, executed the instrument. -o Nokuy Nablk - C06110mw Ban IDiego Canty MY Comm. EV "NJm8 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR © OTHER. Executive Director of Facilities SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) POWAY UNIFIED SCHOOL DISTRICT DESCRIPTION OF ATTACHED DOCUMENT Covenant Regarding Real Property TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES April 8, 2004 DATE OF DOCUMENT Niall Fritz SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P O. Box 7184 • Canoga Park, CA 91309 -7184 File No: 01110649 Ilk * 12.921 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: All that portion of Northwest Quarter of Section 11, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved September 11, 1879, described as follows: Commencing at the Northwest corner of Poway Valley no 4, according to Map thereof No. 4204; filed in the.Office of the County Recorder of San Diego County, June 3, 1959, said point of commencement being in the centerline of Pomerado Road (formerly Escondido Avenue) as shown on said Map No. 420,4); thence along the Northerly boundary of said Poway Valley Unit No. 4, South 89 040'47" East 20.00 feet to an intersection with a line drawn parallel with and distant 20.00 feet Easterly, measured at right angles from said centerline of Pomerado Road, being the True Point of Beginning; thence continuing along said Northerly boundary, South 89 °40'47" East.695.00 feet to the beginning of a tangent 25:00 foot radius curve, concave Northwesterly; thence Easterly and Northerly along the arc of said curve through a 'central angle of 90 000'00" a distance of 39.27 feet; thence tangent to said curve, North 0 °19'13 ". East 580.00 feet; thence North 89 040'47 West 720.00 feet to the aforementioned line drawn parallel with and 20.00 feet Easterly from.the centerline of Pomerado Road; thence along said parallel line, South 0 019'13" West a distance of 605.00 feet to the True Point of Beginning. Excepting therefrom that portion conveyed to the County of San Diego for road purposes by deed recorded August 14, 1980 as File /Page No. 80- 258278 of Official Records. Assessor's Parcel Number: 314 - 040 -09 -00 • EXHIBIT B RESOLUTION NO. P -04 -18 0 12'922 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 03 -14 ASSESSOR'S PARCEL NUMBER 314 - 040 -09 WHEREAS, Conditional Use Permit (CUP) 03 -14 was submitted by Sprint, Applicant, to install a telecommunications facility at the Abraxas High School site located at 12450 Glen Oak Road in the Public Facilities (PF) zone, and; WHEREAS, the proposed telecommunications facility consists of up to three panel - type antennas mounted to the exterior of a replacement light pole /fixture, with ancillary ground mounted equipment, in the parking lot at the Abraxas High School site, and; WHEREAS, on March 16, 2004, 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: Section 1: The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines, in that the project involves the installation of a small, new telecommunications facility providing a utility extension to serve the surrounding areas. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for CUP 03 -14 to install a telecommunications facility at the Abraxas High School site in the Public Facilities (PF) zone, are made as follows: A. The proposed location, size, design, and operating characteristics of the proposed telecommunications facility are in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the City General Plan, and the development policies and standards of the City in that the facility has been designed, sited, and screened such that it will not result in visual impacts to the surrounding community. B. The location, size, design, and operating . characteristics of the proposed telecommunications facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources in that the facility has been designed and sited such that it will not result in visual impacts to the surrounding community. The use will comply with Federal Communications Commission (FCC) design and operational standards. The facility is unmanned and will not create traffic impacts. 0 • 12923 Resolution No. P -04 -18 Page 2 C. The proposed telecommunications facility is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the proposed facility will be located on a replacement parking light pole /fixture. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed telecommunications facility. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the proposed telecommunications facility has been designed, sited, and screened such that it will not result in a visual impact to the surrounding community, and the facility will comply with FCC design and operational standards. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and /or the Circulation Element of the General Plan in that the proposed telecommunications facility is unmanned and will only require periodic maintenance, thereby generating minimal traffic. G. The site is suitable for the type and intensity of use or development which is proposed in that the proposed telecommunications facility will enhance telecommunications coverage in the City. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed telecommunications facility is located on a developed property and does not involve the removal of natural habitat resources. There are no relevant negative impacts associated with the proposed telecommunications facility that cannot be mitigated in that the facility will comply with FCC design and operational standards. That the potential impacts, and the proposed location, size, design and operating characteristics of the proposed telecommunications facility will not be materially injurious to properties or improvements in the vicinity, norbe contrary to the adopted General Plan, in that the facility has been designed and sited such that it will not result in visual impacts and will comply with FCC design and operational standards. K. The proposed telecommunications facility will comply with all the applicable provisions of Chapter 17.48 of the Poway. Municipal Code in that the facility has been designed and sited such that it will not result in visual impacts and will comply with FCC design and operational standards. Section 3: The City Council hereby approves CUP 03 -14 to install a telecommunications facility consisting of up to three panel -type antennas mounted to a replacement parking lot light pole /fixture, and ancillary ground mounted equipment in an enclosure, at the Abraxas 0 0 12924 Resolution No. P -04 -18 Page 3 High School site at 12450 Glen Oak Road, as shown on the plans dated November 7, 2003, subject to the following conditions: A. Approval of this CUP request 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 in effect at the time of Building Permit issuance. 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 CUP 03 -14 shall remain in effect for the life of the subject wireless telecommunications facility and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. CUP 03 -14 may be subject to 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. F. The applicant shall obtain a Building Permit prior to installation of the facility. Prior to issuance of a Building Permit, the applicant shall comply with the following: The applicant shall submit a letter from the Poway Unified School District (PUSD) acknowledging that the project plans have been reviewed by the PUSD, and stating whether the project will require Department of the State Architect (DSA) approval. If DSA approval is required, the applicant shall obtain approval from the DSA and provide documentation of that approval to the City, before submittal of the City building permit application. 2. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of electrical /building permit issuance. 3. The facility.cannot utilize the traffic signal as a source of power. Plans submitted with the building plan check submittal shall be revised accordingly. 4. The site shall be developed in accordance with the approved plan on file in the Development Services Department (dated November 7, 2003) and the conditions contained herein. A final inspection from the appropriate City Departments will be required. 0 0 1292& Resolution No. P -04 -18 Page 4 The operator shall submit calculations specifying the FCC's Maximum Possible Exposure (MPE) levels in inhabited areas within 500 feet of the facility in the areas that the levels produced are projected to be highest. Upon issuance of the Building Permit and installation of the facility, the applicant shall hire a qualified electrical engineer licensed by the State of California to measure exposure levels at the location after the facility is in operation. A report of these measurements, and the engineer's findings with respect to compliance with MPE limits, shall be submitted to the Director of Development Services. The facility shall not commence normal operations until it complies with or has been modified to comply with this standard. Proof of compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may require, at the applicant's expense, independent verification of the results of the analysis. 6. The antennas shall not be activated for use until a final inspection is conducted by the City. 7. The Building Permit plans shall include a utility plan that shows the equipment layout. G. Upon establishment of the wireless telecommunications facility, pursuant to CUP 03 -14, the following shall apply: All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 2. The facility shall be operated in such a manner as.to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed the noise standards contained in the Poway Municipal Code. 3. 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. 4. The operator of the facility shall be strictly liable for interference caused by their facilities with City telecommunications systems or other public agency emergency communication systems. The operator shall stop operations of the cell site and determine the cause prior to restarting the facility. The operator shall be responsible for all labor and equipment costs for • 12926 Resolution No. P -04 -18 Page 5 determining the source of the interference, all costs associated with eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third party claims against the City attributable to the interference. 5. The telecommunications facility shall not be operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power densities for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, County, State of California, or the Federal government. If there is any change in-the manner in which the facility is operated or change in the MPE, a report pursuant to Condition F.5 of this Resolution shall be submitted to the Director of Development Services for review and approval. The Director may also require an updated report as part of any review of this Conditional Use Permit. Section 4: The owner of the telecommunications facility shall remove all of the communication equipment, and associated structures, approved pursuant to this permit within 60 days of ceasing operation of the telecommunications facility. Section 5: The approval of CUP 03 -14 shall expire on March, 16,'2006, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 16th day of March 2004. ATTEST: Q��1 Sherrie D. Worrell, Deputy City Clerk 12927 Resolution No. P -04 -18 Page 6 STATE OF CALIFORNIA )SS COUNTY OF SAN DIEGO ) I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 04 -18, was duly adopted by the City Council at a meeting of said City Council held on the 16th day of March 2004, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE Sherrie D. orrell, Deputy ity�erk , ' City of Poway CITY OF POWA MICKEY CAFAGNA, Mayor , DON HIGGINSON, Deputy Mayor BOB EMERY, Councilmember JAY GOLDBY, Councilmember BETTY REXFORD, Councilmember May 18, 2004 Susan Ready Poway Unified School District 13625 Twin Peaks Rd. Poway CA 92064 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, J " az� 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) 668 -4400 ® Printed on Recycled Paper FAX 668 -1200