Covenant Regarding Real Property 2001-0863700
~. . ,~ . DOC'
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2001-0863700
IiEtORDING REQUEST BY: ) O()S95~
~ ) NOV 28, 2001 8:33
CITY OFPoWAy ) AM
)
J( WlIEN RECQRDED MAIL TO: )
)
CITyeLERK )
CITY OF POWAY )
POBOX 789 )
POWAY CA92074-0789 )
) 2001-0863700
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Ali R. Ghassemi and M. Nina Mojaver-Ghassemi, Owner, ("OWNER" hereinafter) ofland described in
Exhibit A which is attached hereto and ~ade'apart hereof and which is commonly known as Assessor's Parcel
Nurriber 277-201-23 ("PROPERTY hereinafter). In consideration of the approval of building permit to
construct a single-family home ,on the referenced property by the City of Po way ("CITY" hereinafter), OWNER
hereby agrees that no General PlanAI!l.endment, Zone Change, tentative sub4iyision map or other discretionary
land use decision shall be adopted wiih 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, uhlessand until such action is approved by
ordinance adopted by the voters of,the Cit}',at a special or general election, OWNER hereby further agrees that
the lot shall be restricted to the use onesingle.family dwelling use and-shall exclude any form of commercial,
business, professional, iridustrial.or inulti-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 ~un 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 party is required to, im:ur 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, from the other party
The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this
Covenant againstOWNER,
r- ~/ ~t1
/1- "I I -
Dated:
Ali R. Ghassemi, 0 '
(Signature needs to be notarized)
1l/0q/O I ~-~,/7~; 6~1- \
Dated:
, ._ 1 a oJaver- _ asseml, wner
(Signature,needs,tb be notarized)
CITY OF.POWAY
Dated: 10 I~~ /0 (
0/-/ P7
/50l/ -/'1
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EXHIBIT A
Legal. Description
LOT :3 7 OF THE CITY OF POWA Y TRACT NO 89' 13R THE HERITAGE PHASE I, UNIT 1, IN
THE CITY OFPOWAY, COlJNTY 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,
C:\DATA\Oda\MDRA\MDRApO-137, Ghassemi cov.doc
i-;, C~tIFORNIA ~LL.PUR.E ACKNOWLEDGMENT .
.
. 005:954
:::1 r;.: ibJi
On , ".~ '1. o",'fJ/ before me, Nam""dT"I"'OffiWl'9...f"oOO,Nol~
personally appeared t!. /i!.-I1(l.;11v&Ve.v- ;;l VI) ,4. -K. .. iT hfJ.sst"JY7r'
Name(s) of8Igner(s)
o personally known to me - OR - ~oved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) lIll7are subscribed to the within instrument
and acknowledged to me that heffllge/they executed the
same in ~/their authorized capacity(ies), and that by
~/their signature(s) on the instrument theperson(s),
ffM ~ .-:~ -- O;F~;I;:S;A~~"--l or the entity upon behalf of which the person(s) acted.
executed the instrument.
_@GLENDA S. R1CHARDS~
"" .,; , NOTARY PUBLIC-CALIFORNIA!!;
g1 ", ' . COMM. NO, 1225924 -'-
l ' SAN DIEGO COUNTY I
c (, 0 ~YCO~~. EXP. :ULY 1~, 2003
Signature 01 Notary PubliC
OPTIONAL
Though the information below is ngt re':}uired'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.
O",C';OtlO" of AlI"h.d ooc"m""t~ 2
""""""","oc"m," ~",..,fi .~ .. ~I -
Document Date, ~_ 9 c2Cl0( Number 0 Pages: /110
/
Signer(s) Other Than Named Above: ~all.,Ef"I-I-z p.-r-er.Jor of'D,W>IoPMPH! Srvl&'
11~ PI- CJWd/,
Capacity(ies) Claimed by Signer( )
Signer's Name: rf. Nina Mt(j'J-ver- Signer's Name: 1+- K.. GksSC-,n r'
~ividual IB'1r1dividual
o Corporate OHicer D Corporate OHicer
Title(s): Title(s)
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney.in.Fact D Attorney.in-Fact
o Trustee D Trustee
D Guardian or ConselVator . o Guardian or ConselVator
D Other' Tup of thumb here D Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
01994 Nalional Notary Associalion' 8236 Remmel Ave., P_O Bo~ 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll Free '-800__876-6827