Covenant Regarding Real Property 2001-0270787
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DOC .' 2001 ~0270787
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RECORDING REQUEST BY'
crr:,y OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
PO BOX789
POWAYCA 92074'0789
5,846
MAY 01.200~ 8:41
OfFICIAL RECORDS
SAN ,DIEGO JflJUNT,V RECORDER'S OFFICE
13.00
AM
No Transfer Tax Due
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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 attached hereto al1d made a part hereof
and which.is commonly knoWl'1' as'Assessor's, Parcel Number 277'201-07 .("PROPERTY hereinafter), In
consideration of the approval of building permit to construct a sil1g1e.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 cominercialuse other than that as peITnitted'by the Rural Residential zoning in
effect on the property on November ?, 1988, unless and until such action is approved by ordinance
adopted by the voters of the,Gity at a 'special or general election. OWNER hereby further agrees that the
lot shall be restricted to the use 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 ofthe 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 ofthe OWNER"the CITY shall expunge this Covenant from the record title of the
PROPERTY
If eitherparty is required to incur costs to enforce the provisions 6fthis Covenant, the prevailing
party'shall be entitl,ed to fUll reimbursement of all costs, including reasonable attorney's fees; from the
other party The CITY may assign to persons impacted by the performance of this Covenant the right to
enforce this Covenant againstOWNER.
Dated:
'$ ~rlfo --CJ (
~WJt!P'~
Lloyd W s; Owner
(Signature needs to be notarized)
-n~e- UO'lc\ v,).<!.LI, G.;Ft /h<.s\'
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CITY OF POW A Y
Dated:
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opment Services
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5847
EXHffiIT A
Legal Description
LOT 21 OF THE CITY OF POW A Y TRACT NO 89-13R THE HERlT AGE PHASE 1, UNIT 1,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 13708, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 17~ 1998,
N :\city\planriing\oda\heritage.cov .doc
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5848 ·
CALlF()RNIA. ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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County of
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3",,- /e. M F-t?/' A"c;' A
Name and Tilleo! Officer {e.g., "J;;J e Doe. Notary Publ ')
/-/. We //5
Name(s)01 Signer(sJ
8J 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.
WITNESS my hand and official seal.
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Signature of Notary Public
OPTIONAL
Though the information befow is not required by law, it mav prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment ofthis form to another document.
Reqard,~a Kca/
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_ Number of Pages:
;::~oo'r'lv
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On #drc;-h,L 6 "t&'t?/ . before me,
Date /
Well..!'"
personally appeared
1-/0yo(
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Top of ihumh dere
1}-,oDer ry
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@1999NationaINolaryAssociation'9350DeSoIOAve" PO. 80' 2402' Chatsworth, CA 91313 2402 ol'lWW.nallonalnolary.org
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€i DEBBIE HUNTER
~ Commission # 1289689
~"'" - Notory Public - Colifornia ~
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~ San Diego County f
My Comrn, Expires Jon 7. 2005
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Place Notary Seal Above
Description of Attached Docl1ment
Title or Type of. Document: C:--OVe.r;cu? r
Document Date:
...3#-0/0/
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Signer(s) Other Than Named Above:
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Capacity(ies) Claiml1d by Signer
Signer's Name: J./O'j;J( II
o Individual
o Corporate Officer - Tille(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
S(l Trustee
D Guardian or Conservator
o Other'
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Signer Is Representing: t/&//1er
C?I-
Prod. No. 5907
Reorder: Call Toll-FrBf 1_8(}Q_B76..fiB27
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