Covenant Regarding Real Property 2001-0324817c .. .
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RECORDING REQUEST BY' )
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CITY OF POWAY )
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~HEN RECORDED MAIL TO:' )
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CITY CLERK ,)
rt, CITY OF POWAY )
POBOX 789 )
POWAY CA 92074-0789 )
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No Transfer Tax Due )
DOC , 2001-0324817
MAY 22. 2001 8:20 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTV RECORDER
FEES: 13.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Donald R. and Yvette M. Hatch, Owners, ("OWNER'''hereinafter) of land described in Exhibit A which is
attached hereto and made a part h.ereof'aQd which is commonly known'asAssessor's Parcel Number
277-201-15 ("PROPERTY herein~ft~r),ln consideration of the approval of b.uilding permit to construct a
7,448 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,discretioriary,.Iand use decision shall be adopted'iNith respect to the property
which would increase residential density, or intensity o/use or woulD permit an industrial or commercial
use other than that as permitted by the Rl!ral 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 at:a special
or general election. OWNER hereby fLirther agrees that PROPERTY shall be restricted to the use of one
single-family dwelling unit and,shaU:excluae any form of commercial, professional, industrial or multi-
dwelling use except for those commercial or business uses,norfnally ass6ciatea with residential use.and
~s permitted by the Planned Comml!nity, 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 up6riand inure to the benefit of the future
owners, encumbrancers, successo'rs, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that buildingpermits'are never obtained 'to construct the proposed single-family
house at therequest.of the OWNER, the CITY shall expunge this Covenant from the record title of the
PROPERTY
If either party is required to incur costs to enforce the provi/;o of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, 1i'c1Udln/ig rras nable attorneys' fees, from the
other party The CITY may assign to p.ersons impacted by the Pior ance of this Covenant the right to
enforce thiS C e ant against OWNER. _
Dated: l q ,f) / ('
Don . I R. Hai9h,
Dated:
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By'
Niall Fritz,
Dated:
7(;9,/ cnJ
1504-11
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EXHIBIT A
Legal Description
LOT 29,OF'THE c::ITYOF POWAYTRACT NO 89" 13R THE HERITAGE PHASE J, UNIT 1,
INTHE CITY OF POWA Y,COTJNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 13708, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 17, 1998.
A:\MDR9920I.CQV
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CAliFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County'of
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Name(s) of Signer(~)
,-i.ersonally known to me
tJ ~roved to me' on the basIs of satisfactory
evidence
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to be the person(s) whose name(s) is/are
subscribed' ,to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies); and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
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TAMMY R. JENKINS
.. COMM. #1246397.~
":'.'J NOTARY P,UBLlC-CALlCORNIA Cij
I,/; OR,ANG:: COUNTY ~
"IY COMM, EX? DEC. 20. .2003
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Though the information below is.notrequired by law. it may prove'valuable to persons relying on the document
and could prevenUraudulentreinoval and reattachment of this form'toanother document.
Place NolarySeal Above
OPTIONAL
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Nam,ed:Above:
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Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer,- Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other'
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Signer Is Representing:
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@ 1997 National Notary Association 9350De Solo Ave. P.O, Box 2402 Chalsworth, CA 91313-2402
Prod. NO,5907
Reorder: Call Toll-Free 1-800-876-6827
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