Covenant Regarding Real Property 2001-0010145
'T
f~
:f.
It',....
.
DOC ~OOl-0010145
RECORDING REQUEST BY
CITY OF POWAY
WHEN.RECORDEDMAIL TO:
JAN 08. 2001 8:17
OFFICIAL REClJRDS
SAN DIEGO,COUNTV RECORDER'S OFFICE
GIif:GORV J. SMITH. COUNTY RECORDER
FEES: 13.00
AM
)
)
)
)
)
)
)
)
)
)
)
)
1.14 7
CITY CLERK
CITY OFPOWAY
PO BOX789
POWA Y CA92074-0789
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
... ,- - ,,- .--
S.H.JAM. Poway L.L.C.,Qwner,. Brett Ames, Authorized Representative, ("OWNER"
hereinafter) of real prope'rty described in Exhibit.A which is attached hereto and made a part hereof
and which is commonly' known as Assessor's Parcel' Number 2707'201-22 ("PROPERTY"
hereinafter). In cO!lsideration of the approval of Minor DeveloPment Review 99-153 and an
approved building permit to construCt.a 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 ad()pted with
respect to the property which would increi3se residential density or intensity oruse or would permit
an industrial or commercial us'e other than that as permitted by the, Rural Residel).tial zoning in
effect on the property on November 8, 19~8, unless and ubtil such action is approved by ordinance
adopted by the voters of the CITY at a special or general election.
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 oftherespedive parties.
In the event that the building, permits are never obtained to construct the proposed
residence at the request oHhe bWNER, the CITY shall expunge this Covenant from the 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 entitled to full reimbursement of all costs, including reasonable attorneys'
fees, frornthe other party The CITY may assign to persons impacted by the performance of this
Covenanfthe right to enforce this Covenant against OWNER.
Dated: /~ l~ ,()V
OWNER: g/7/Z/
By' ~
BrettAmes, AuthOrized Representative
S.H.JAM. Poway L.L.C
Dated: h . ')e;J. tJ.e;
,
By'
i 604-/ 9
01-0:;6
~. .,
.
.
1148
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~-r." . ,:.G(,',Q(.'-C(.'&,0('.c<'~~.e<'....c<'~...c<""..c<'~~&..c<'-C(.'.c.o.~~.
. ~:"Y....
,
State of California
County of ...JVJ 1JItr
On me / q JWO ,before me,
o-';;f,
personally appeared 6rtlf
.} ss
~/1& /?;Utv,
I
~eandTitleofOffiCer( g.,"JaneDoe,No
Name(s) ofSigner(s)
't9 .nersonally known to me
3~proved to me on the basis of satisfactory
evidence
I
,
... l~- ::=~"':;:I
, , .;(, . Not- PubI1c . CaI1Ian1a I
z ~ -, .-
z ,.. San DIego Counly . i
:::~...:~:...~'::;;:;: ~~:~:~~;;.l~::,!~ ..;. _My~.:.~es~~~
I
,.
I
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowiedged 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, execuied the instrument.
Place Notary Seal Above
Signature Notary Public
OPTIONAL
Though the information below.is not required by law, it may prove valuable to persons relying. on the document
and could prevent fraud!1lent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
I
I
Capacity(ies) Claimed by Signer
Signer s Name:
o Individual
o Corporate Officer - Titlels):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
D Guardian.or Conservator
o Other'
Top of thumb here
Signer Is Representing:
,
eKe
@1997NationalNotaryAssociation 9350 De SotoA-va. P.O. Box 2402 Chatsworth, CA 91313.2402
Prod. No. 5907
. .;j.:~
Reorder: Call TolI.Free 1-800-876-6827
;
.
.
1149
EXHIBIT A
LEGAL DESCRIPTION
LOT 35 OF CITY OF POWAY TRACT NO 89"13R, THE HERITAGE ,PHASE 1, UNIT I, IN
THE CITY OF POW A Y; COUNTY OF SAN DIEGO,BT ATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 13708, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 17, 1998.