Covenant Regarding Real Property 2001-0084320
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DOC. '2001-0084320
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FEB 14, 2001 8:06
OfFICIAL RECORDS
SI1N DIE60 CllUIITV RECIlRDER'S OFFICE
GRf.EI)RV J. SMITH" lDUNTV RECORDER
~ Illffi.llmllll r
2001-0084320
RECORDING REQUEST BY:
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(This space for Recorder's Use)
CITYOFF!OWAY
WHEN RECORDED. MAIL TO:
CITY CLERK
Cln' OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
COVENANT'REGARDING REAL PROPERTY
])AVI D ,.. J!l^" cf. VA -r'l: , Owner(s), ("OWNER" hereinafter) of land described.inExhibit
Awhich is. attached hereto and made a parthereof and which is,commonly knoWn as Assessor's Parcel Number
;117 -.:10'- 03 ("PROPERTY hereinafter). In consideration of tile approval of building permil'to
construcLasingle-family home on the , refer,enced property by the City 01 Poway ("CITY" hereinafter), OWNER
hereby agrees that no General Plan'.Amendment, Zone Change, tentative subdivision map or other discretionary
land,use decisionshall.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 thal.aspermitted by the Rural
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Reside~tial zoning in effect on th~ p~pe(!Yon November 8, 198?, unless and until such action is approved by
ordinance adopted by the voters of the'City. at a special or general efection.OWNER hereby further.agrees that
the i'ol.shallbe restricted to,th~ use one'siriglecfamilydwelling use arid shall excludeariyform of commercial,
business, professional, iridlistrialormulti'dwellirig'lise,excejitfoithosecommercial or business uses normally
associated with residential use and as' permitted in the Planned CommunityPlan, and related specifically to the
golf course as designaied in the Planned Community Plan.
This Covenant shall run with"the iand and be,binding upon. and iriure,to the benefit of theJuture owners,
encumbrancers, successors, heirs, personal representatives, transferees and, assigns ofthe respeCtive, parties.
In the event that building permits are never obtained to constructthe proposed single-family house at
the request of the OWNER, the CITYshall.expunge this CovenanUrom the record title of the PROPERTY
If either party is required..to,;ncur costs to enforce the provisi9n~9f,this Covenant, the prevailing party
shall b.e.ent.it.led to fUII,reimburSemen!.Of'"dIlC~., ts, inc.luding reasonable'atto~neys' fees, from the other party The
CITY may assign to persons impacted by'.the p rformance of this Cov nant the right to enforce this Covenant
against OWNER." .
Dated: 1Z-1J..2lvo jj \; ,
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elTY OF POWAY
Dated:
1).1.1;1100
Dated:! /7 /r; I
By:
elopment Services
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EXHIBIT A
Legal Description
LOT 17 OF THE CITY OF P<DWAY TRACT NO 89-13R THE;HERlTAGE PHASE 1, UNIT 1,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STA:rE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO; 13708, FILED IN THE OFFICE OF THE COUNTY
RECORDEROF'SAN DIEGO C<DUNTY, DECEMBER 17, 1998;
N:\cjty\planl1i~g\tiin\leg~l\heri~ge.cov wpd
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2903
State of Illinois
SS.
County of Will
I, the undersigned, a Notary Public, in and for the County
and StCite aforesaid, DO HEREBY CERTIFY, that David P. Katz and
Janice E. Katz, husband and wife, personally known to me to be
the same persons whose name are subscribed to the foregoing
instrument, appeared before me this day in person and
acknowledged they signed and delivered the said instrument, as
their free and voluntary act, and as the free and voluntary act
and deed of said corporation, for the uses and purposes therein
set forth.
Given under my
1)[([1'1 13ft..
hand and official seal, this ~~~
, c9()Ou
Commission expires //- '1- ?DD3
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: "OFFICIAL SEAL" ~
MAUREEN BENEDETTI ·
NOTARY PUBLIC, ,TATE Of IlliNOIS
MY COMMI,"ON EXPIRE, 11/9/2003
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