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In the event that MCUP 08 -02 expires or is rescinded by City Council, or the OWNER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