Covenant Regarding Real Property 2017-0424441APN: 323-100-04
COVENANT REGARDING REAL PROPERTY
Andrew Kean ("OWNER" hereinafter), is the owner of real property commonly known as 14710
Beeler Canyon Road ("PROPERTY" hereinafter) and more fully in the legal description attached
hereto as Exhibit A and made a part hereof.
Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the
approval of Building Permit B17-0504, a request to construct a detached non -habitable, accessory
structure at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby
agrees that the detached non -habitable accessory structure shall never be used as habitable space;
shall not have complete kitchen facilities, heating, or air conditioning; and the non -habitable structure
shall never be rented or leased as a separate unit.
This Covenant shall run with the land and be binding upon and inure to the benefit of future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that a Building Permit is never obtained to construct the proposed detached non -
habitable accessory structure 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 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.
OWN ROAUTHORIZED AGENT:
Dated: /R� — `�' /y1_C0_
Andrew Kean (Notarize)
CITY OF POWAY:
Dated: 731 �7 By: r
F(otiert J. Manis, irector Devel pment Services
r- 1,
DOC# 2017-0424441
RECORDING REQUEST BY: )
111111 VIII VIII VIII IIII 111111 VIII IIIA VIII VIII VIII VIII IIII IIII
Sep 15, 2017 01:07 PM
)
OFFICIAL RECORDS
CITY OF POWAY
Ernest J. Dronenburg, Jr.,
I
SAN DIEGO COUNTY RECORDER
WHEN RECORDED MAIL TO: )
FEES: $21.00
CITY CLERK )
PAGES: 3
CITY OF POWAY )
P 0 BOX 789 )
POWAY CA 92074-0789 )
1
(This space for Recorder's Use)
APN: 323-100-04
COVENANT REGARDING REAL PROPERTY
Andrew Kean ("OWNER" hereinafter), is the owner of real property commonly known as 14710
Beeler Canyon Road ("PROPERTY" hereinafter) and more fully in the legal description attached
hereto as Exhibit A and made a part hereof.
Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the
approval of Building Permit B17-0504, a request to construct a detached non -habitable, accessory
structure at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby
agrees that the detached non -habitable accessory structure shall never be used as habitable space;
shall not have complete kitchen facilities, heating, or air conditioning; and the non -habitable structure
shall never be rented or leased as a separate unit.
This Covenant shall run with the land and be binding upon and inure to the benefit of future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that a Building Permit is never obtained to construct the proposed detached non -
habitable accessory structure 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 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.
OWN ROAUTHORIZED AGENT:
Dated: /R� — `�' /y1_C0_
Andrew Kean (Notarize)
CITY OF POWAY:
Dated: 731 �7 By: r
F(otiert J. Manis, irector Devel pment Services
r- 1,
File No: 317312649
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 14
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, LYING
NORTHERLY AND NORTHWESTERLY OF THE NORTHERLY AND NORTHWESTERLY LINE OF RECORD
OF SURVEY MAP NO. 6420, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY JULY 8, 1964, SAID NORTHERLY AND NORTHWESTERLY BOUNDARY BEING THE
NORTHERLY AND NORTHWESTERLY BOUNDARY OF THE CITY OF SAN DIEGO, STATE OF
CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF A LINE WHICH BEARS DUE EAST
FROM A POINT ON THE WESTERLY LINE OF SAID SECTION 20, DISTANT SOUTH 01°30'44" WEST
703.64 FEET FROM THE WEST QUARTER CORNER.
ASSESSOR'S PARCEL NUMBER: 323-100-04-00
CLTA Preliminary Report Form - Modified (11-17-06)
Page 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _-4,4ri O;PG o0
On SPACE= <10l 1 before me,
kll/b yyn P /1/lAnn i „n _ f IUP
Date v v mere Insert Name and Title of the
personally appeared �.nLi o,) keA )
Name(s) of Signer(s)
who 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.
YVONNE MANNION
Notary Public -California
San Diego County
Commission %i20V66
My Comm. Expires Jun 18, 2021
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signatur e
Signature of Notary Public
Place Notary Seal Above
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Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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