Covenant Regarding Real Property 2000-0609350 �: - . �� 1:� . 2073 ���� ���������J��
. .
RECORDING REQUEST BY: ) NOV 09 a 20QQ S � 31. AF'�
)
ci7v oF Powav ) �FICIAL REf�RDS
) SAN �IEGO COUNTY kECORDER'5 OFFICE
WHEN RECORDED MAIL T0: ) Gf�(�1RY J. SMITH� C[IUNT4 REISIRI�k
) FEES: 13.00
CITY CLERK )
, CITY OF POWAY )
P 0 BOX 789 ) �
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COVENANT REGARDING REAL PROPERN
Robert E. and Deanna M. Krause, Owner(s), ("OWNER" hereinafter) of land described in E�chibit A
which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number
277-201-19 ("PROPERTY hereinafter). In consideration of the approval of building permit to construct a
10,965 square foot two-story, 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 properry 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 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 of the future owners,
encumbrancers, 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 shal! expunge this Covenant from the record title of the PROPERTY.
If either party is required to incur costs to enforce th rovisions of this Covenant, the prevailing party .
shall be entitled to full reimbursement of all costs, includin easonable ttorneys'fees, from the other party. The
CITY may assign to persons impacted by the performance f 's Cov ant th ' ht to enforce this Covenant
against OWNER.
Dated: �/) " 3� `V�
s wner
Dated: IO-30—OC.� ��Q(� � ia�UY1 , Y�1l�p�nn �o
Deanna M. Krause, Own��
CITY OF POWAY
Dated: ld 2Jl/� By: '
Niall Fritz, Director of� eve opment Services
file:NIDRA 99-182 ,.
�, eD� / ��"�'�_
dU•' /�'
iSU4 -i9 mo,2��99.-��� �D-i'7�
�.. - � �� 2074 �
,
STATE OF CALIFORNIA��� /� ,,` „ }ss.
COUNTY OF ,/L�CJC_ }
On � � �� ���, before me, �:5�"/" �-4 ds�
personally appeared (��(��� � ,( (/�CLGIS� Q/Z-L�
, P�n �C���Y"�1�5'�
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)-J are
subscribed to the within instrument and acknowledged to me that they xecuted the same
in h thei authorized capacity(ies), and that by h their ignature(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.
Signature � � ,
SUS/W MQSER
f:ommfssion# 1176104
. � "O NotaryPubitC—CafiTomip �
San Diepo Cou�ty
� M CoR1T.bq7lres Mprpi,2pp2
. (This area for oflicial notarial seal)
Title of Document ( .���/? �,�QCjQ,���e (,� ��C2��e'.�.�
Date of Document ����30� �C7 No. of Pages � U
Other signatures not acknowledged �i� �
.- ! � zo75 �
EXHIBIT A
Legal Description
LOT 33 OF THE CITY OF POWAY TRACT NO 89-13R THE HERITAGE PHASE 1, UNIT 1,
IN TAE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF N0. 13708, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COLJNTY, DECEMBER 17, 1998.
N:�city\planning\timVegal\hen[age.cov.wpd
� � s� �; �. .
� � CITY OF POW�Y � �
� bLICKET CAFAC�IA,Mayor - " , �,�,{ pp p���
DON HIGGINSON, Depury Mayoc -
B06 E�1ERY,Cuimcilmember
JAY GOLDBY,Councilmembc� � . � ,
6ETI�S REXFORD, Councilmember ���G�y iu THt°'������
November 29, 2000
Robert and Deanna Krause
16442 Bridlewood Road
Poway CA 92064
Enclosed is a copy of a Covenant Regarding Real Property, which was recently
executed and has tieen recorded: This copy is for your files, and the original of the
recorded document remains on file in the City Clerk's Office.
Sincerely,
�' '�l(_(��)l� -�,���
Sherrie D. Worrell
, Deputy City Clerk
Enciosure
, � Ci�v Hall Located at 13325 Civic Center Drive
� \�toilin�, Addre=s: P.O. Bo� 739, Poway, California 92074-0789 • (858) 748-6600, 695-1400
FAX 748-1455