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Covenant Regarding Real Property 1995-0031443 CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 ) ) ) ) ) ) ) ) ) ) ) ) 766 ~c U 1995-0031443 24-JAH-1995 08=29 AM OFFICIAL RECORDS SAM DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF: 11, DO FEES: 43.00 AF: 25.00 MF: 1.00 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: No Transfer Tax Due (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Lola Gogue, Naskrin Mesdaq and Hayatullah Mesdaq, ("OWNERs hereinafter) are the owners of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 323.190.58, 64 ("PROPERTY" hereinafter). In consideration of the approval of Environmental Assessment, Conditional Use Permit 94-08, Minor Development Review 94-25 and Temporary Use Permit 94-45, Ultimate Car Company by the City of Poway ("CITY" hereinafter), OWNERs hereby covenant and agree for the benefit of the CITY. to abide by conditions of the attached resolution (Exhibit B). 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 Environmental Assessment, Conditional Use Permit 94-08. Minor Development Review 94-25 and Temporary Use Permit 94-45, Ultimate Car Company expires or is rescinded by City Council at the request of the OWNERs, CITY shall expunge this Covenant from the record title of the PROPERTY.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, from the other party. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNERs. Dated: 1-'1-7.f" -&1. ~ OWNER (Notarize! ~A.Q Nas esdaq OWNER (Nota( ~ JI~~tJ~ ~?' Hayatullah Mesdaq OWNER (Notarize) Dated: 1-4 - "t::> Dated: /- '1- '1'; CITY OF POWAY Dated: 1-.;<3-'15 By: 7G-L Z~~tU. (/ik:J. L-~~ 767 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) County of San Diego ) On~ 199~ beforeme,J.d. JOI'lA-""'ffiA.tJ CA{ZJ."~L~) /JfJ/PIOAj 'VohllL, (name. title oj officer. e.g. Jane Doe, Notary Public) personally appeared J..tAYF'l"TL.t..LA~ I'YIF<;\)I\Q QA./':) NA-~\Z-",\ 1YIe-~bAQ , (name(s) aJsigner(s)) D personally known to me --OR-- ~ proved to me on the basis of satisfactory evidence to be the persor@whose nam@ i@subscrib~o the within instrument and acknowledged to me tha /she~xecuted the same in his/he~authorized capacitfTi?S) and that by his/he thei signatur~on the instrument the pers00 or the entity upon behalf of which the perso (s acted, executed the instrument. Witness my hand and official seal. (This section is OPTIONAL) (Signature Capacity Claimed by Signer I2Q Individual DCorporate Officer(s): Title{s) DPartner(s): DGeneral DLimited DAttorney-in-Fact DTrustee(s) D Guardian/Conservator D Other Signer is representing: (name of person(s) or entity(ies)) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: ~tle or T~e ofDo~ment C.()\JEt-JArJI 'KSG-Ae.;),.Jh- 1$.EPrL ~07Bl \ Y Number of Pages I Date of Document I-I.f -qS Signer(s) Other than Named Above Y"" s 768 C~LlFORNIA ALL.PURPOSE ;KNOWLEDGMENT ~ NAME, l1Tt.E OF OFACER- E,G" -JArJE OOE. NOTARY PUBUC" (J-O&-t/,E ~1}JI.r:(S) OF SIGNEA(SI o personally known to me - OR - !LJ proved to me on the basis of satisfactory evidence /"-.:. to be the person(.BJ whose name(M"is~- subscribed to the within instrument and ac- knowledged to me \J:I.e!t.J:te1she/they executed the same in j)j-a-/her/t~ authorized capacityy.e-s-), and that by .!J.iS/her/t~ signature(sYbn the instrument the person(.sJ." or the entity upon behalf of which the person(s(acted, executed the instrument. State of County of California San Diego ~ before me, /6~.r-r- On pers ~ '"'"'"'" 1 RONALD L. PARKER - NOTARY PUBlIC-CALIFORNIA ~ COMM. NO, 1044129 - I . SAN DIEGO COUNTY J MY COMM. EJ<P, NOV. 18, 1998 No. 5907 Ronald L. Parker, Notary Public OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER TITLE(S) o PARTNER(S) o LlMrrED o GENERAL o ATTORNEY-iN-FACT U TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NN/.E OF PERSON[SI OR ENTT'ri(lES} DESCRIPTION OF ATTACHED DOCUMENT -~ITlE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT ., '/ SIGNER(S) OTHER THAN NAMEO ABOVE 01Q03 NATIONAL NOTARY ASSOCIATlON. 8236 Remmel Ave.. P.O. Box 7184. CClnoga PMIc, CA 91~7184