Covenant Regarding Real Property 2004-0341093
, . , DOC , 2004""0341093
~ ,?r.,~ RlfCORD1NGREQUEST BY . )
)
CITY OF POWAY ) .'APR 20. 2004 9:37 AM
)
WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS
) SAN DIEGO COUNTY RECORDER'S OFFICE
CITY CLERK ) GREGORY J. SMITIl, COUNTY RECORDER
CITY OF POWAY ) FEES: 11.00
P O.BOX 789 )
POWAY CA92074-0789) 12797r, ' -- --
) I II. ,
~if ~o Transfer Tax Due ) (This sj I !1!"1 11111 IIII! llill !I~IJ~!~!!~! ~~I~IIIIIIIIIIIIIIIII"" I!!I
""~APN: 277-210-08/MDRA02-116
\ COVENANT ~EGARDING REAL PROPERTY
Richard H, Palmer and Debora D Palmer, husband and wife as community property with right of
survivorship, are the owners ("OWNER" hereinafter) of real property described as LOT 71 OF CITY OF
POWAY TRACT NO 89-13R, THE HERITAGE, PHASE.I UNIT 3, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACORDING TO MAP THEREOF NO 14143, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2001, and which is
commonly known as Assessor's Parcel Number 277-210-08 ("PROPERTY hereinafter),
In consideration of approval by the City of Poway ("CITY" hereinafter) of MDRA 02-116, to construct
a single-family residence and garages, Owner agrees to the following:
No General Plan Amendment, Zone Change; tentative subdivision map, or other discretionary land
use decision shall be adopted with respect to ttie property that would increase residential density or intensity
of use, or would permit an industri?1 or commercial use other than that as permitted by the Rural Residential
zoning in effect on the property on November 8,1988, unless and ur'1til.such'action is approved by ordinance
adopted by the voters of the City at a special or general election, OWNER hereby further agrees that the lot
shall be restricted to the use one single-family dwelling use and shall exclude any form of commercial,
business, professional, industrial, or multi-dwelling use, except for those commercial or business uses
normally associated with residential use and as permitted in the Planned Community Plan, and related
specifically to the golf course as designated in the Planned Con'-munity Plan. Owner hereby further agrees
that no portion of the guest house shall ever be rented or leased as a separate unit and that no kitchen
facilities shall ever by installed,
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 a building permit is never obtained to construct thE! proposed addition, CITY shall at
the request of OWNERS expunge this Covenant from the record title of PROPERTY
If either party is required to incur costs 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
The CITY may assign to persons impacted by the performance of this Covenant the right'to enforce this
Covenant against OWNERS.
OWNER:
4/13/0'f A
Dated: t'.---7 / t::r., -
Richard'H. Palmer
Dated: '1/13/0,/ ~().~
,Debora D Palmer
Dated: 4,(2-. f) C{ By'
velopment Services
M:\planning\peggy\mdra2002\mdra02-116Palmer\mdra02-116 cov.doc 04-'057
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CALlFORNIA,ALL.PURPOSE ACKNOWLEDGMENT
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State of California D} I
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County of -Y1 /11 / / c6 0 '
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: On /;NIL /3, zoot! beforeme,-#;Yt-US-.!;;//VA/).,0rllt"yAt6LI<;;,- 1
Date , I "\. Name and nUe of Office! (e.IlAane Doe. Notary PublicI
: personally appeared ? 10-11'1 'pb Ii. 41'1 J)1'7SoRIf iJ ,v.ALIMt:.re. 1
Name{s)ofSpgnar(s)
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o personally known to me
~roved to me on the basis of satisfactory
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PHVlllSSHINN to be the person(s) whose name(s) ~are ,I
@"'commlsslon#1450304SUbscribedtotheWithininstrumentandl
~ . -ei Notary ~ . CoUfomla f acknowledged to me that M/s\!€/they executed ' I
j' Son DIego Counly l the same in h)4/l1etJtheir authorized 1
MyComm. ExpIres Nov 9, 2007 capacity(ies), and that by t'liSIh'sf/their
- - - - - - - - -- - - - signature(s) on the instrument the person(s), or ,]
the entity upon behalf of which the person(s) I
I acted, executed the instrument. I
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1 WITNE~~ m)7hand an~ official s~al. 1
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[ Signelure of Notary Public ,I
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1 OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal fmd reattachment of this form to another document.
Description of Attached Document ~ ~" ':
Title or Type of Document: t.Oi/E;1/"c; /t/T KE()/t7':: (, (//(; l:t77Z- /20b'6-7e/Y' 1
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Document Date: ,7/'/&( L ('-- , 0 (. Number of Pages: 'I
Signer(s) Other Than Named Above: fi} f r7 L L F I? / r Z-
Capacily(ies) Claimed by Signer ,I
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Signer's Name: ,I
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o Individual Top of thumh half; )
o Corporate Officer - Title(s): I
o Partner - 0 Limited 0 General J
o Attomey'in,Fact I
o Trustee
D Guardian or Conservator I
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1 Signer Is Representing:
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C 1999 National Notary AssociatlO!1 . 9350 De SotoAve.. P,O. Bo~ 2402' ChalSWOrth, CA 91313-2402' IYWW.nallOOalnotal'Y.org Prod. No. 5907 Roomer: Call Toll.Free 1-800-876-&121