Covenant Regarding Real Property 2003-0095717
.
. :,"";;--.r"'RECORDING REQUE.Y: ) DO~# 2003-0095717
)
CITY OF POWAY ) 9171 JAN 28. 2003 9:16 AM
- )
WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS
) SAN DIEGO COUNTV RECORDER'S OFFICE
CiTY CLERK ) GREGORY J.. SMITH, COUNTY RECORDER
CITY OF POWAY ) FEES: 14,00
POBOX 789 ) -
POWAY CA 92074-0789 ) (
[1111111111111111111111111111111111111111111111111111111111111111111111
)
No Transfer Tax Due ) (Th-' , 2003-0095717
..15 _.-___ __. .___._..... _ _oj"'"
f<6 COVENANT REGARDING REAL PROPERTY
3f Robert M, Cahan and Judy Cahan, Trustees of the Cahan Family Trust dated 2/10/92,
Ic.on PROPERTY OWNERS ("OWNER" hereinafter) of real property described in Exhibit A, which is attached
hereto and made a part hereof and which is commonly known, as Assessor's Parcel Number 277-200-11
("PROPERTY hereinafter),
Iii, consideration of the approval ("CITY" hereinafter) of Minor Development Review Application
(MORA) 02-76, a request to construct a 6,227-square'foot,two-story, single'family home on the
referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that no General
Plan ,Amendment, Zone Change, tentative subdivision map, or other discretionary land use decision shall
be..adopted with respect to the property which would increase residential density or intensity of use, or
would permit an industrial or commerCial'use other than that as permitted by the Rural Residential zoning
in effeCt on the property on November 8: 1988, unless and until such.,action is approved by ordinance
adopted by the..voters of the City ilhj special or general election, OWNERhereby further agrees that the
lot ,shall be .restricted to one single,family dwelling use and shall exclude any form of commercial,
business, professional, industriai, or multi-dwelling use except for t~ose 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 Community Plan,
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 buildingperrhit is never obtained to constructlhe 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,
Dated: I~ 3~o..3
CITY OF POWAY,
Dated: /2. -// - ~ z., By' k:
Niall Fritz, Director 0 Development Services
M:\planning\peggy\mdra2002\mdra02-76 Cahan\mdra02-76cov.doc
I SOt.{ -(q 03 -DJ';
-
C~~~FORNIA ALL.PURlsE;ACKNOW(EDGMENT · q 11c
State of ~r~ ~
County of' ,L ~cr .
On t' 3,2tJ()3 before me,
Dale Name and Title of Officer (e. Jane Doe, Not
person Ily appeared 'RObed M Q~ tl1L',;L ,~~' &A.tf-.V1
Name(s}of Signer( ) -
~ersonally,known to me- OR.-Oproved to me on the basis of satisfactory evidence to'bethe person(s),
whose name(s))57are:subscribed to the within instrument
. - '.' - . - - _'.'~ ~ 0- . '--',. .
and' acknowledged io me that hefstrelthey executechhe
same in hietRer/their ?uthorizedcapacity(ies), and that by
hialher/their,signature(s) on the instrumentthe person(s),
" '_" , _ _ _"_ or the entity upon behalf of which the person(s) acted,
J----j~ ~ I
' , '. ROIIYNE,P~ .!!flAm: executed the instrument.
. CaI...II&1Ial..l215723 ~
I~, ...,I;:.~ ~ ! WITNESS my hand and official seal.
..-.....t ~
. - - - .7 ~ :.,.- - - - - -:. - /. ,f~ ~
Si9oa,"~
OPTIONAL
Though: the, information below is norrequired~by law, it may prove-valuable to persons relying, on the document and coufdprevent
frauduleil.t:'rei!/Oval and reattachment of th[s form-to another document.
Description .of Attached Document
Title or Type of Document: Co-vUJ..tJ-d :e(f'J.;'j 'i3~ Ih'7f6
Document Date: / ~ 3 -() 3, Number of Pages: 3
-( Signer(s) Other Than Named Above: NialL Hi f 2.-
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual 0 Individual
o Corporate Officer 0 Corporate'Officer
Title(s): Title(s):
o Partner ~n,Liinited. O:Gerieral 0 Partner.- 0 Limited O'General
o Att6YrieY'in'Fact, 0 Attorney,-in-Fact
o Trustee 0 Trustee
o Guardian or Conservator 0 Guardian or Conservator .
o Other- Top of thumb here 0 Other- Top of thumb here
Signer Is Representing: Signer Is Representing:
c 1994 National Notary AssOCiatiOn 0'8236 Remmet Ave., P.O. Box.7t84' Canoga Park, CA 91309,7184 Prod. No. 5907 Reorder: Call Tol1~Free 1-800-876-6827
~
.
, .."..\ . .
9173
EXHIBIT A
LEGAL DESCRIPTION'
THE, LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
c.bLJNTY OFSAN DIEGO, AND IS'DESCRIBED AS FOLLOWS:
RARCEL 1
LOT 11 OF CITY OF POWAY TRACT NO 89,13R THE HERITAGE PHASE 1, UNIT 1, IN THE
CITY OF,: POWAY,COUN:rY0F SAN DIEGO, 'STATE OF CALIFORNIA, AC~ORDING TO
MAp THEREOF No 13708, FILED 'IN THE OFFicE OF THE CbUNTY.RECORDER OF SAN
DIEGO CQUNTY"DECEMBER 17,1998.
PARCEL2:
NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, -EGRESS, INSPECTION,
M.A:INTENANCE, REPAIR, DRAINAGE, ENCROACHMENT;, SUPPORT ANbFOR OTHER
puRPOSES, ALL AS bESCRisEbi'N THE DECLARA"r'l0N, RECORDED JANUARY 20, 1999
AS F!LE NO 1999"0032150 OF OFFICIAL RECORDS!_.A:ND~ ANY AMENDMENTS THERETO