Covenant Regarding Real Property 2001-0365807
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RECORDING' REQUEST BY
CITY OFPOWAY
WHEN RECORDED..MAIL TO:
CITY CLERK
CITY OF,POWAY
P'O BOX789
POWAY CA 92074-0789
No Transfer Tax Due
4845
DOC . 2001....0365807
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JUN 05~ 2001 8:21
[fFICIAl RECORDS
SAN DIEGOUJUKr{ REIlJRD[R '8 OFFICE
liIlElilRV J. SHITH. ClJlJKTV REImER
-llIlIl'I("iiir B.OO
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COVENANT REGARDING REAL PROPERTY
John E.G. Matze and DaWn T MatZe, as Trustees of the MatzeFamily Trust dated January 8,
1998,Owner(s), ("OWNER"hereinafter) ofland described in Exhibit A,which is attached hereto and
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made apart hereof and which is commonly known as Assessor's Parcel Number 277-200-12
("PROPERTY hereinafter). In considerationoftheapprova]'ofbuilrling permit to construct a single-
family home on the referenced'property by the City of Po way ("CITY" hereinafter), OWNER hereby
agree's that no General Plan Amendrrieilt, Zone Change, tentative subdivision map'Ofother di~creiionary
land use decision shall be adopted with respecHo the property which would increaseresidentialdensity'or
intensity ~f 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,.U1j]ess and until such,action is
approved by ordinance adopted ~y the'Yot~rs of the City at a special or general election. OWNER hereby
further agrees that the lot shalfbe restricted to the use one single-fam\ly dwelling use and shall.exclude
any form of commercial, business, professional, industrial orrnulti"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 Community
Plan.
This Covenant shalI-runwith thdand,and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors, heirs; personal representatives, transferees and assigns of the
respective parties.
In the evenHhat building permits. are' never obtained to construct;the proposed single-family
house at the request ofthe OWNER, the CITY shall expunge this Covenant frornthe record title of the
PROPERTY
If either party is required to incur costs to enforce the provisions of this 'Covenant, the prevailing
party shall be entitleatofull reimburseinent ofall costs, including reasonable,attomey's fees, fron1 the
other party The CITY may, assign to persons iinpacted y the performance of this Covenant the right to
enforce this Covenant against OWNER.
Dated:
CJ- -dt}-Ol
Dated:
7. - ~O/O/
CITY OF POWAY
Dated:
5'i~ ItrJ
By:
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EXHIBIT A
Legal Description
LOT I2'OF THE CITYOF POWAY TRACT NO 89-I3R THE HERITAGE PHASE I,UNIT 1"INTHE CITYOF
POWAY, COUNTY OF SAN DIEGO; STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO
13708, FILED IN THE OFFICE OF niE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 17,
1998.
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personally appeare~
. ,beforeme, fl~U-eJ~L~
. 3D hI? E, c,. /J1.JlI '( L .f-: J;ti... /;JJ "7. /. /Jt.p-h:_z
, personally known to me
(or proved to me on the basis of satjsfactory evidence) to be thepersoh(s) whose, name(s) is/are
subscribed to the within instrumen~and acknowledged to nie'that he/she/they executed the same
in his/her/their authorized capacity(ies) , and that by his/her/theirsignature(s) on the instrument the
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person(s) or the entity upon .behalf .of,which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SignatLire
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-\
r PAMELA K. REIFEISS <:
(ij comm.#l153421 ijl
-\Jl'. NajAR. Y PUBliC CALIFORNIA -
: 1!5. _ Safl Oiego County ..
~ My Comm, Expires AU9,29, 2001 I
(This area for ~ ootarial seal)
Other signatures notac!(nowledged
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N /p.-- No. of Pages 0(
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Title of Document
Date of DOCUment
3008 (1/94) (Geneial)
First American Ti~te Insurance CO'!lpany