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Covenant Regarding Real Property 2001-0270790 '~ -,(-:~~; ~'f" . DOC tit 2001-0270790 ...~ /" 1~ 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 -11111111111111111111111111 IF;'s Use) 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. ., ~U-d#.; Lloyd W !i;,OWner (Signatureileeds to be notarized) "'<'- Llo'fdW<2,tl.> G.vrTn.<.H Dated: ;3 ~JJ&J ~O / , \'" CITY OF POW A Y Dated: 4, ')..~.()I By' Niall Fritz, ~~ lopment Services 1504- 19 01-0&.;). ,; ." _1.'.." . . 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. t'.J : \c i ty\p Jann i n g\oda \heritage:cov.doc -",.' . -'. :..; . '854 CALIFORNiA ALL.PURPOSE ACKNOWLEDGMENT " ,. ,. " ,,- ., State of California } ss , ., 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) ., On /II.a Id ...!~ .200/, before me. Date I '3 personally known to me o proved to me on the basis of satisfactory evidence ,. ,. 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. , , ft DEBBIE HUNTER - CommiSSion # 1289689 ~' Notcry Public - Colifornla ~ j San Diego County f My Comm. Expires Jon 7; 2lXl5 ------------ Place Nolary S8al Above WITNESS my hand and official seal. /.d/~ ~ Signature of Notal)' Public , , ., " , ,. , ,. , 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. " Description of Attached Document Title or Type of Document: C:::o J/ ena'rJ r J /?eaard'-/J~ kcz/ /-}-operll': vi v /" Number of Pages: 02 ' Oocument Date: , ~120/0r Signer(s) Other Than Named Above: , , , , ,. , ,. 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' . Top:)j lllumb Ilere We/Is /I. , ,. , , ,. t?WiJer of ?:<c)ller fy , / Signer Is Representing: ,", @1999NationaINotaryAasociallon'9350DeSoloAve" P.O. Sox 24D2' Chalsworth, CA 91313-2402' NWw,nalionalnolaryorg Prod,No.5907 Reorder: Call Toll Free 1 800.876-6827