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Covenant Regarding Real Property 2001-0084320 ~ rei 1f '; DOC. '2001-0084320 . 2901 AM 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: ) ) ) ) ) ) ) ) ) ) ) ) (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 . --.. - , - 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 \; , O"'''''W'i'.~ '-...----/Iri (L ;I;/..l.......;i~ e:v.:..-\i , 0 l/ elTY OF POWAY Dated: 1).1.1;1100 Dated:! /7 /r; I By: elopment Services file :MDRA 00 -H:l IsY-Hq o 1- Oa (., , . 2902 . 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 . . 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 t : "OFFICIAL SEAL" ~ MAUREEN BENEDETTI · NOTARY PUBLIC, ,TATE Of IlliNOIS MY COMMI,"ON EXPIRE, 11/9/2003 "'~.~