Covenant Regarding Real Property 2007-0780012
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RECORDING REQUEST BY) DEe 18, 2007 4'59 PM
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CITY OF POWAY ) 11948 '1'1 ['I~CiO COUIIT', ~~COR[lEfi'~~:iFFII2E
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) PAGES: 3
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POWAY CA 92074-0789 )
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APN: 314-241-04/ MDRA 07-12R, Underground Waiver 07-01
COVENANT REGARDING REAL PROPERTY
Islamic Center of North County, PROPERTY OWNER ("OWNER" hereinafter), is the
owner of real property commonly known as 13738 Somerset Road ("PROPERTY"
hereinafter), and more fully described as:
In consideration of the approval by the City of Poway ("CITY" hereinafter) of
Underground Waiver 07-01, OWNER hereby agrees for the benefit of the City not to oppose
any future private or public utilities undergrounding district, and to pay a pro rata share of
future undergrounding costs,
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,
If either party is required to incur costs to enforce the provision 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 enf e this Covenant against OWNER,
Dated: (2-('1101 By "
Islamic Center of North C unty, Owner
Baseem Syed, President
CITY OF POWAY
Dated I;). Jill 0 T By' pD.::;b:A ~
Patti Brindle, Interim Director of Development Services
M:\planning\cmr\MDRA\mdra0712 syed underground waiver cov.doc
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of San Diego
On JJECElJ!tjb/-? / / 1 ;2 tJ!J 7 before me, Phyllis Shinn, Notary Public
Date $956U11 SY 61) Name and lllle o(Officer (e.g., Jane Doe, Notary Public")
personally appeared
Name(s) of Signer(s)
o personally known to me - OR - ~roved to me on the basis of satisfactory evidence to be the person~
whose name06 is/a~ subscribed to the within instrument
.-~~~l and acknowledged to me that he/~/t/'ley executed the
same in his/~/ttlW authorized capacity(i~, and that by
his/t\j(r/thliir signature($l.. on the instrument the person~,
I _ory Pubttc . COIJI....lIO I or the entity upon behalf of which the person(~ acted,
Ion DIego County . executed the instrument.
WITNESS m hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by. taw, 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: CtJ/Elt#ff )&;H)/,,(// 'k>P9L. y:1?O/t:/--;eT}/
Document Date: /2-//-tJ 7 Number of Pages: Z-
, y!};rTI '7?RI,((l)i C
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney-in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other Top 01 thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
C.1994 National Notary Assoclatton. 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows,
PARCEL 1
All that portion of the Southeast Quarter of Section 12, Township 14 South, Range
2 West, San Bernardino Meridian, in the City of Poway, County of San Diego,
State of California, according to Official Plat thereof, lying Easterly of the center
line and the Southerly prolongation thereof of the alley adjoining Block 19 and 20
of Piermont Map No 331, in the Office of the County Recorder of San Diego
County, May 27, 1887 and lying Southerly of the Easterly prolongation of the
Northerly line of said Block 11, Piermont and lying Northerly of the North line of the
South 20 acres of the Southeast Quarter of said Section 12
EXCEPTING the North 1501,20 feet thereof
ALSO EXCEPTING the West 115 00 feet thereof
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