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Covenant Regarding Real Property 2011-0603044RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074 -0789 APN: 317 - 280 -56 -00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Delta Design, Inc. ("OWNER" hereinafter), is the owner of real property commonly known as 12367 Crosthwaite Circle ( "PROPERTY" hereinafter), and more fully described in Exhibit "A," which is attached hereto and made a part hereof. In consideration of the approval of MCUP 08 -02 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained 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 owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that MCUP 08 -02 expires or is rescinded by City Council, or the OWNER terminates the use permitted by the MCUP 08 -02, upon the request of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and MCUP 08 -02 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: Delta Design, Inc. Dated: My f r 2a t 1 Act-� \n'.P.r4L GAfLy I (Notarize) Its: AC- c —rte CITY OF P WA Y Y: Dated: `� �� By: Ro ert J. Mani s, Di(ectof of ev opment Services m:lalanning109reportlmcup108 -02 delta desginlcovenant.docx 11-10e D O O ## 2011-0603044 IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III NOV 10, 2011 11:26 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr.. COUNTY RECORDER r FEES: 40.00 ` PAGES: I IIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Delta Design, Inc. ("OWNER" hereinafter), is the owner of real property commonly known as 12367 Crosthwaite Circle ( "PROPERTY" hereinafter), and more fully described in Exhibit "A," which is attached hereto and made a part hereof. In consideration of the approval of MCUP 08 -02 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained 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 owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that MCUP 08 -02 expires or is rescinded by City Council, or the OWNER terminates the use permitted by the MCUP 08 -02, upon the request of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and MCUP 08 -02 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: Delta Design, Inc. Dated: My f r 2a t 1 Act-� \n'.P.r4L GAfLy I (Notarize) Its: AC- c —rte CITY OF P WA Y Y: Dated: `� �� By: Ro ert J. Mani s, Di(ectof of ev opment Services m:lalanning109reportlmcup108 -02 delta desginlcovenant.docx 11-10e CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of savi DKi U On I oyem►Jf/►' it ZD I before me, _ personally appeared ['�r6 M . Lo.4ue, No 1AV- PO k1► G AV- q I V)40 -0) M (here insch•ttamc and title of the o who proved to me on the basis of satisfactory evidence to be the person() whose name(leo /are subscribed to the within instrument and acknowledged to me thatpske/t4ey executed the same inkfylas tlietF­authorized capacity(iS& and that by is her4fti•r signatureo on the instrument the personM, or the entity upon behalf of which the person(p 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 my hand and official seal. &Vv, S7� A( Signature of Notary lic DENISE M. LOGUE �OMYCOMM. # 1786987 NOTARY PUBLIC- MIFORNIA V1 SAN DIEGO COuNtY COMM. EXP. DEC. 15, 1011 7.7 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTA�CHHED DOCUMENT ��� ! (Tit iitr� c�/�c��t�p � o, cltcd ryrtnt) �,fN\ i (� 7 (J/l (Title or description of attached document continued) 12 Ntumber of Pages F Document Date Id IAdditional information) CAPACITY CLAIMED BY TFiE SIGNER Individual (s) U Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other CAPA %•12.10.07 800 -873 -9865 ww•w•.NotaryClasscs.com INSTRUCTIONS FOR COMPLETING THIS FORM Ant acknowledgment (•onapleted in California must contain verbiage exacl/r as appear;r above in the nutcul• section or a separate ac knowdedgnaem.Jiuua must be pruperly completed and anac•hed to that document. The only erceptiun is if a thwunrern is to be r•ec•urded onside of Cali iwnia. In such instances, am olter ncuive a(•knowledgnaent verbiage as may he printed an such a document so long as the verbiage doer not require the nutaq to du something that is illegal for a nutan• in California (i.e. cer•ti ing the nuthuri_ed capacity of dr signer). Please check the doc•arnent c•urefaclly fur proper nwariol wording and attach this furor if required. • State and County information must be the State and County where the document signers) personally appeared bcforc the notary public for acknowledgment. • Datc of notarization must be the date that the signcr(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the namc(s) of document signcr(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. ke /she /t *_; is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover test or lines. If seal impression smudges, re -seal if a sufficient area pemtits, othcrwisc complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (i.e. CIA, CFO. Secretary). • Securely attach this document to the signed document LEGAL DESCRIPTION PARCELS 101, 102 AND A PORTION OF PARCEL 103 OF PARCEL MAP NO 16320, IN THE CITY OF PAWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 10, 1990, ACCORDING TO CERTIFICATE OF COMPLIANCE RECORDED JULY 1, 1992 AS FILE NO 1992414194 OF OFFICIAL RECORDS, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 105 OF PARCELMAP 16320 NORTH 390 45'33? WEST 618.40 FEET, THENCE, NORTH 000 07'57" EAST'584 60 FEET, THENCE, SOUTH 880 28' 24" EAST 290.00 FEET, THENCE, SOUTH 000 07' 57" WEST 46.94 FEE, THENCE, SOUTH 820 46'00" EAST 506.32 FEET, THENCE, SOUTH 639 08'00" EAST 170:54 FEET, THENCE, NORTH 880 08' 00 "'EAST 253.23' FEET, THENCE, SOUTH 030 51'02" WEST 673.92 FEET, THENCE SOUTH 87° 26' 00" WEST 482.83 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS OF 324.50 FEET, THENCE, ALONG SAID CURVE CENTRAL ANGLE 60$ 48' 13" A LENGTH OF 344.37 FEET TO THE POINT OF BEGINNING, A:RADIAL TO SAID CURVE BEARS NORTH 630 22'13" WEST EXCEPTING THEREFROM ALL MINERALS, OILS, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET 'BELOW' THE PRESENT SURFACE OF SAID PROPERTY FOR THE PURPOSE OF PROSPECTING FOR, THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER FROM SAID PROPERTY BUT WITHOUT THE .RIGHT TO ENTER UPON THE SURFACE OR ANY PORTION THEREOF ABOVE SAID PLANE. PARALLEL TO AND 500 'FEET BELOW THE PRESENT SURFACE OF THE SAID PROPERTY FOR ANY PURPOSE WHATSOEVER. EXHIBIT "B" RESOLUTION NO P -09 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 08 -02 ASSESSOR PARCEL NUMBER 317 - 280 -56 WHEREAS, Timothy A. Bunch, Applicant and Gary Ingoglia, for Delta Designs, Inc., Owner, have submitted a request for approval of a Minor Conditional Use Permit (MCUP) to install a steel storage container at an existing industrial business at 12365 -67 Crosthwaite Circle, within the Industrial Park (IP) Land Use Designation in the Planned Community (PC) zone, and WHEREAS, on February. 3, 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. 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 negligible expansion of the use at an existing industrial business. Section 2: The findings, in accordance with Section 17 48 070 of the Poway Municipal Code (PMC), for MCUP 08 -02 to install a steel storage container at an existing industrial business at 12365 -67 Crosthwaite Circle, within the Industrial Park Land Use Designation in the Planned Community zone, are as follows. A. The location, size, design, and operating characteristics of the proposed installation are -in accord with the title and purpose of Chapter 17 48 'PMC (Conditional Use Permit Regulations), the South Poway Specific Plan (SPSP), the City General Plan, and the development policies and standards of the City in that the proposed installation is allowed with a Minor Conditional Use Permit. The storage container has been sited such that it will be compatible with the surrounding development. Additionally, no parking or landscaping will be removed with the installation of the storage container 3 The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, structure, or natural resources in that the facility is zoned for the use and has been designed to comply with City development standards. Additionally, the storage container will not be visible from Crosthwaite Circle and a large hill screens any views from the residential areas to the northeast. Resolution No P -09 -05 Page 2 C The proposed use is in harmony with the scale, bulk, coverage, and density of, ana is consistent with, adjacent uses in that all material will be stored inside of the container as required under the SPSP and the container will be painted to match the existing building. D There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use E. There will not be a harmful effect upon the surrounding property characteristics in that the storage container will be adjacent to the building and equipment will be stored indoors as required under the SPSP Therefore; there will not be a harmful effect upon desirable neighborhood characteristics F The project will not increase traffic since it is a component of the existing use Therefore, 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. G There will not be significant harmful effects upon environmental quality and natural resources in that the site proposed for the expansion has been previously graded and contains no natural habitat resources Section 3 The findings in accordance with Government Code Section 66020 for the public improvements are made as follows A. The design and improvements of the proposed development are consistent with all elements of the General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve the project. Section 4. The City Council'hereby approves MCUP 08 -02, to install a 320- square- foot steel storage container at an existing industrial business at 12365 -67 Crosthwaite Circle, within the Industrial Park Land Use Designation of the Planned Community zone, as shown on plans dated November 18, 2008, subject to the following conditions: A. Approval of this Minor Conditional Use Permit shall apply only to the subject project, and shall not waive compliance with all other 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) a deed covenant with these conditions of approval shall be recorded on the property Resolution No. P -09 -05 Page 3 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 terms and conditions of Minor Conditional Use Permit 08 -02 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits, and the heirs, executors, administrators, successors, and assigns of each of them, including municipal corporations, public agencies and districts E. Minor Conditional Use Permit 08 -02 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 occurred during the past year F Prior to the issuance of a Building Permit and /or during construction, the applicant shall: (Engineering) 1 No private improvements shall be placed or constructed within public street rights- of -wa.y or City easements unless the following are satisfied: a. An Encroachment Maintenance and Removal Agreement has been executed by the developer /owner and subsequently approved by the City; or b Approval of grading or improvement plans, on which a Right -of- Way Permit has been issued for the private improvements to be constructed The City, however, reserves the right to require the execution of an Encroachment Maintenance and Removal Agreement. (Planning) 2. The storage container shall be painted to match the existing building. A note shall be placed on building plans noting this requirement. (Safety Services) 3 The 8 -foot x 40 -foot x 8:5 -foot steel storage container shall be located per plan submittal. 4 The storage container shall not obstruct, in any fashion, existing exiting doors, openings or access to the public right -of -way 5 The storage container shall not obstruct required fire lanes surrounding I he existing structure Resolution No P -09 -05 Page 4 6 The north side of the storage container shall be signed "no parking fire lane" with a 6 -inch red stripe painted on the pavement surface directly adjacent to the steel structure The striping shall be clearly visible to vehicular traffic. G Prior to obtaining final inspections from the City and /or the release of performance and payment securities, the applicant shall comply with the following. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein.. 2. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to public road improvements on Crosthwaite Circle caused by construction activity from this project. 3 The seatainer shall be painted to match the building H Upon establishment of the use, the following shall apply* 1 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. All lighting fixtures shall be maintained such that they reflect light downward and away from any road or street. 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 All landscaping shall be adequately irrigated and maintained by the owner at all times in accordance with the requirements of the City of Poway Guide to Landscape Requirements. 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 a strong and healthy trunk and branch system. Tree maintenance and pruning shall be in accordance with the "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 Section 5 The approval of MCUP 08 -02 shall expire on February 3, 2011. at 5 -00 p.m. unless, prior to that time, a Building Permit has been issued and construction Resolution No P -09 -05 Page 5 or, the property in reliance on the MCUP approval has commenced prior to its expiration. Section 6 Pursuant to Government Code Section 66020, the 90 -day approval period in which the applicant may protest the imposition of dedications of easements imposed pursuant to this approval shall begin on February 3, 2009 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 3rd day of February 2009 G Michael P Ca n Mayor Troyan, MMC, City Clerk Resolution No P- 09 -05• Page 6 "T ATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) :, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under thy: penalty of perjury, that the foregoing Resolution No P- 09 -05, was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of February 2009, and that it was so adopted by the following vote. AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD, CAFAGNA NOES .NONE ABSENT NONE DISQUALIFIED- NONE L,Kd� A. Troyan, MMC, City Clerk City"of Poway