Covenant Regarding Real Property 2001-0270790
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DOC tit 2001-0270790
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RECOR-DING REQUEST BY: )
. CITY OFPOWAY' )
WHEN. REcoRDeD MAiL TO: )
CIT~cdRK) OFFICIAl RECORDS
CITYOF P'OVvAY) SAN DIEGO GOlINTY RECORDER'S OFFICE
PO BOX789) GREGORY ,J. SMITH,COUNTV RECORDER
POWAY CA 92074-0789 ) FEES: 13.00
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2001-0270790
5852
MAY
01.
2001
8:42
AM
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Lloyd Wells, as Trustee of The Lloyd Wells Gift Trust dated November 24, 1987, Owner,
("OWNER" hereinafter) of land described in Exhibit A which is attache<i hereto ane! (Il~de a part hereof
and which is;cominonljknoWn as Ass'essor's Parcel Numb'el' 277:202c06"("PROPERTY'hereinafter), In'
consideration of the approval of 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
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 that as permitted by the:'Rural 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 further agrees that the
lot shall be restricted to,theuse one single-family dwelling use and shall exclude any form of commercial,
business, professional, industrial or.multi-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 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 of the
respective parties.
In the event that building permits are ,never obtained to construct the proposed single-family
house at the request of the OWNER, the CITY shall expunge this Covenant from the record title of the
PROPERTY
If either,jjarty 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 attorney's fees;J'rom,the
other party The CITY may assign to persons impacted by the peif6rii1ance of this Covenant the right to
.enforce this Covenant against OWNER.
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Lloyd W !i;,OWner
(Signatureileeds to be notarized)
"'<'- Llo'fdW<2,tl.> G.vrTn.<.H
Dated:
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CITY OF POW A Y
Dated:
4, ')..~.()I
By'
Niall Fritz,
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lopment Services
1504- 19
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5853
EXHIBIT A
Legal Description
LOT 45 OF THE CITY OF POW A Y TRACT NO 89-13RTHE HERITAGE PHASE 1, UNIT 1,
IN THE CITY OF POWAY, couNty 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.
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CALIFORNiA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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County of
Sa.,.., 7J; e'J <')
personally appeared
Oebb7~ I-ItLakr ;/Iol-C?I~Y 11.6/1':.-
Name and Title of Officer (e.g., '.d"ane Doe, Notal)' PUblic'.j
L/cya' 1-/ INe I/s
Namels) ofSigner(s)
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On /II.a Id ...!~ .200/, before me.
Date I
'3 personally known to me
o proved 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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ft DEBBIE HUNTER
- CommiSSion # 1289689
~' Notcry Public - Colifornla ~
j San Diego County f
My Comm. Expires Jon 7; 2lXl5
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Place Nolary S8al Above
WITNESS my hand and official seal.
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Signature of Notal)' Public
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OPTIONAL
Though the information below IS not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
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Description of Attached Document
Title or Type of Document: C:::o J/ ena'rJ r
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/?eaard'-/J~ kcz/ /-}-operll':
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Number of Pages: 02 '
Oocument Date:
, ~120/0r
Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer
Signer's Name: llClVa
D Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
~ Trustee
D Guardian or Conservator
o Other'
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Signer Is Representing:
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@1999NationaINotaryAasociallon'9350DeSoloAve" P.O. Sox 24D2' Chalsworth, CA 91313-2402' NWw,nalionalnolaryorg
Prod,No.5907
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