Covenant Regarding Real Property 2011-0421129DOC It 2017- 0421129
IIINI11VIVIIIIIIIIIIIIIIIIIIIIIIIIInI111111INMINNIV111IIIVIIII
RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
AUG 16, 2011 4:40 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 37.00
PAGES: 8
I 1 1111111 11111 milr111111 11111111111111111111111111111111111111111111111111111111111 1111
POWAY CA 92074 -0789
(This space for Recorder's Use)
�t
APN: 317 - 270 -10 -10
COVENANT REGARDING REAL PROPERTY
Angelucci Family Trust, 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 13100 Kirkham Way, Suite 210 ( "PROPERTY hereinafter).
In consideration of the approval of MCUP
OWNER hereby agrees to abide by the conditions
(Exhibit B).
10 -07 by the City of Poway ( "CITY" hereinafter),
of approval contained in the attached Resolution
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In the event that MCUP 10 -07 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by the MCUP 10 -07, upon the request of the OWNER the City shall
expunge this Covenant from the record title of the PROPERTY and MCUP 10 -07 shall be of no further
force or effect.
If either party incurs costs as a result of filing a civil action 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: Angelucci Family T ust
Dated: �-
Augus Angelucci (Notarize)
Its: i
CITY OF POWAY:
Dated: By:
Ro ert J. Manis irect r o De lopment Services
M:\ planning \10rcport\mcup\MCUP10 -07 Crossfit\covenant.docx
1 -®`?Y
CA LIFORNIA ACKNOWLED
State of California
County of S �
On 1 -z- before me, `�l a- ^ a 1rl Q_ i" CiNt t S2 CL.-
th (�
Date Here Insert Name and Title of the Officer J
personally appeared
12E MOM6 MAGi)OLNA 80RNEMIBU
Comrnl #t 1941771
Notary Public - California
San Diego County D
Comm. EYoires Jul 1g, 2013
Z
Place Notary Seal Above
Name(sl of Sianer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, 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.
WITNESS y hand and o ial seal.
Signature t z
�® ® AL Signature of Notary Public
OPTIO
Though the information below is not required by law, it may prove valuable to persons relying 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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
.. of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT'
OF SIGNER
.• of •.. here
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827
LEGAL DESCRIPTION
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
A CONDOMINIUM COMPRISED OF:
PARCEL l:
(I) SEPARATE INTEREST IN AND TO:
UNIT NO. 210 AS SHOWN ON THE CONDOMINIUM PLAN FOR VALLEY VIEW BUSINESS CENTER
CONDOMINIUM PLAN (THE "PLAN ") RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, CALIFORNIA, ON JULY 9, 1997 AS DOCUMENT NO. 1997 0323321 AND RE- RECORDED MARCH 25,
1998 AS FILE NO. 1998 - 0162464 BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY.
(II) ALONG WITH THE FOLLOWING UNDIVIDED PHASE PERCENTAGE INTEREST(S) IN AND TO COMMUNITY
COMMON AREA - CCA -55" AS DESCRIBED IN THE PLAN AND DEFINED THAT CERTAIN DECLARATION
HEREAFTER DESCRIBED, WHICH PHASE PERCENTAGE INTERESTS IS APPURTENANT TO THE
RESPECTIVE UNITS NOTED ABOVE AND ALSO REFERENCED BELOW:
UNIT PHASE PERCENTAGE INTEREST
210 6.71%
SAID CONDOMINIUM IS LOCATED WITHIN THE BOUNDARIES OF THAT CERTAIN REAL PROPERTY DESCRIBED
AS:
LOTS 55 OF POWAY TRACT 85 -04, UNIT 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12572, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, FEBRUARY 28, 1990, AS FILE NO. 90-107515 OF OFFICIAL RECORDS.
PARCEL 2:
NONEXCLUSIVE EASEMENTS ON, IN OVER AND THROUGH (A) ASSOCIATION COMMON AREA - ACA -55, AND
(B) ASSOCIATION COMMON AREA - ACA -54 AT SUCH TIME THAT IT IS DEEDED TO THE ASSOCIATION, AS
BOTH ARE RESPECTIVELY DEFINED IN THE DECLARATION AND /OR THE PLAN, FOR PURPOSES INGRESS,
EGRESS AND ACCESS OVER THE PRIVATE DRIVEWAY(S), WALKWAYS, GROUNDS AND LAWNS LOCATED
RESPECTIVELY THEREIN, AND FOR SUPPORT THROUGH AND OVER THE CONDOMINIUM BUILDING IN
WHICH THE UNIT(S) DESCRIBED IN PARCEL 1 ABOVE IS /ARE LOCATED, AND FOR SUPPORT ON AND OVER
THE EARTH THEREIN AND UNDER, AND FOR ACCESS TO AND USE OF ANY UTILITY OR RELATED LINES AND
EQUIPMENT INSTALLED IN, ON OR OVER SAID ASSOCIATION COMMON AREA IN ORDER TO PROVIDE
UTILITY OR RELATED SERVICES TO PARCEL 1 ABOVE AND FOR ACCESS TO THE COMMUNITY COMMON
AREAS AS DESCRIBED IN THE PLAN AND DEFINED IN THE DECLARATION HEREAFTER DESCRIBED;
PROVIDED, HOWEVER, EXCEPTING FROM THE ASSOCIATION COMMON AREA, THE CONDOMINIUM
BUILDINGS THEREIN AND ANY PORTION OF THE ASSOCIATION COMMON AREA WHICH IS DESIGNATED IN
THE DECLARATION AND /OR THE PLAN AS "EXCLUSIVE USE COMMON AREA" AND /OR A "UNIT ", WITH THE
EXCEPTION OF THE UNIT {S) DESCRIBED IN PARCEL 1 ABOVE.
Assessor's Parcel Number: 317 - 270 -10 -10
EXHIBIT "B"
RESOLUTION NO. P -10 -31
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA, APPROVING
MINOR CONDITIONAL USE PERMIT 10 -07
ASSESSOR PARCEL NUMBER 317- 270 -10 -10
WHEREAS, Minor Conditional Use Permit (MCUP) 10 -07 was submitted by
CrossFit Brand X Poway, Applicant: A proposal to establish a 2,800- square -foot indoor
recreation use within an existing multi- tenant building located at 13100 Kirkham Way, on
property designated for Light Industrial land use within the South Poway Specific Plan
(SPSP); and
WHEREAS, on September 21, 2010, a duly advertised public hearing was held
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 : This project is Categorically Exempt as a Class 1 Categorical Exemption
from the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the
CEQA Guidelines, in that the project involves a change in use in an existing facility.
Section 2 : The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC) for the approval of MCUP 10 -07, a proposal to establish a
2,800 - square -foot indoor recreation use within an existing multi- tenant building located
at 13100 Kirkham Way, on property designated for Light Industrial land use within the
SPSP, are made as follows:
A. The location, size, design, and operating characteristics of the proposed indoor
recreation use are in accord with the title and purpose of Chapter 17.48 PMC
(Conditional Use Permit Regulations), the SPSP, the City General Plan, and the
development policies and standards of the City in that indoor recreation uses are
allowed with a Minor Conditional Use Permit. The facility has been designed
and sited such that it will be compatible with the surrounding development.
B. The location, size, design, and operating characteristics of the indoor recreation use
will be compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, structures, or natural resources, in that the facility is zoned
for the use and has been designed to comply with City development standards.
C. The proposed indoor recreation use is in harmony with the scale, bulk, coverage,
and density of, and is consistent with, adjacent uses in that adequate parking will
be provided onsite and a student drop -off program will be implemented to
minimize parking demand.
O. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed strength conditioning fitness center.
Resolution No. P -10 -31
Page 2
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that adequate parking will be provided onsite and the business
will operate off -peak from the normal weekday daytime business hours of the
surrounding light industrial uses.
F. The generation of traffic will not adversely impact the. capacity and physical
character of the surrounding streets in that the subject property provides adequate
vehicle circulation onsite.
G. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed site is completely developed and contains no natural
habitat resources.
Section 3 : The City Council hereby approves MCUP 10 -07, a proposal to establish
a 2,800- square -foot indoor recreation use within an existing multi- tenant building located
at 13100 Kirkham Way, on property designated for Light Industrial land use within the
SPSP, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents, officers,
or employees, relating to the issuance of this permit, including, but not limited to,
any action to attack, set aside, void, challenge, or annul this development approval
and any environmental document or decision. The City may elect to conduct its
own defense, participate in its own. defense, or obtain independent legal counsel
in defense of any claim related to this indemnification. In the event of such
election, applicant shall pay all of the costs related thereto, including without
limitation reasonable attorney's fees and costs. In the event of a disagreement
between the City and applicant regarding litigation issues, the City shall have
the authority to control the litigation and make litigation related .decisions, including,
but not limited to, settlement or other disposition of the matter. However, the
applicant shall not be required to pay or perform any settlement unless such
settlement is approved by applicant.
B. Approval of this Minor Conditional Use Permit 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.
C. 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
owner shall execute a Covenant Regarding Real Property that states that the
applicant must abide by the conditions contained in this Resolution.
D. 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.
Resolution No. P -10 -31
Page 3
E. The conditions of MCUP 10 -07 shall remain in effect for the life of the project, and
shall run with the land and be binding upon future owners, successors, heirs,
and transferees of the current property owner.
F. MCUP 10 -07 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
G. The tenant space for the indoor recreation use shall meet all applicable Building .
Codes and Fire Codes and requirements for this type of building occupancy.
H. Building Permits are required for all new tenant improvements associated with the
indoor recreation use, including demolition of any existing walls. Egress and
disabled accessibility is required. All requirements deemed necessary by the
Building and Fire Departments as part of the building plan review shall be
implemented to the satisfaction of the City.
Activities, hours of operation and class size are limited to those contained in
the project descriptions on file with the City. Changes to the activities, hours of
operation or class size will require a modification to MCUP 10 -07 and payment
of applicable fees. Changes may be approved administratively at the discretion
of the Director of Development Services.
J. Based on the staff parking analysis and as described in the September 21, 2010
staff report, the use has access to 11 parking spaces during normal business
hours. Accordingly no more than one class shall be scheduled to occur during the
same time period, and the maximum class size shall not exceed 10 students and
one instructor between 8:00 am and 5:00 pm on weekdays. On weekdays from
6:30 a.m. to 8:00 a.m. and from 5:00 p.m. to 6:30 p.m., and on Saturdays from
12:00 p.m. to 5:00 p.m., the class size limit is 15 students.
K. A City of Poway Business certificate is required prior to the commencement of
the activity.
L. If the indoor recreation use for which MCUP 10 -07 was issued terminates or
ceases operation for a continuous period of time in excess of 180 calendar days,
except for remodeling or rehabilitation requiring prolonged closure, and such
remodeling or rehabilitation shall be continuously and diligently pursued; that
use shall expire, and shall thereafter be of no further force or effect.
Resolution No. P -10 -31
Page 4
Section 4 : The approval of Minor Conditional Use Permit 10 -07 shall expire on
September 21, 2012, at 5:00 p.m. unless, prior to that time, use in reliance on
MCUP 10 -07 approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21 st day of September 2010,
Don Higginson, Mayor
ATTEST:
Resolution No. P -10 -31
Page 5
STATE OF CALIFORNIA }
) SS
COUNTY OF SAN DIEGO }
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 10 -31, was duly adopted by the
City Council at a meeting of said City Council held on the 2ist day of September 2010, and
that it was so adopted by the following vote:
AYES:
CUNNINGHAM, MULLIN, KRUSE, HIGGINSON
NOES:
NONE
ABSENT:
BOYACK
DISQUALIFIED: NONE
ndb YTroyan, MMC, City Clerk
ity-6f Poway