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Covenant Regarding Real Property 2007-0726780 :.j ,,:.. , ,. ~ - . : !lil!!llII~~II~IIIIIIII~i"llirn 1i~1 ~1~1"1~~llillllll RECORDING REQUEST BY ) . - (8 ) NOli 19 2007 2:44 PM CITY OF POWAY ~~ vl\O~ nFFICI.,-,,L RECI]Fi[I'J WHEN RECORDED MAIL TO: ) '".::of) LIIE,~.n [UUt-ifl RECCiF;[IER.... OFF1CE I~O() : ';r~ErlnR't .I ':.(...lITH, CUUln'l RECuRDEF: CITY CLERK FlE.', 11 00 CITY OF POWAY ) PAGES: 2 P 0 BOX789 ) POWAY CA 92074-0789 ) : illll! Ilill 111111111111111111111111111111111111111111111111 11111111111111111111 ) APN 323-100-04 --- -: COVENANT REGARDING REAL PROPERTY Andrew Kean, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property described as a portion of Section 20-.14-1W, located at 14710 Beeler Canyon Road in Poway, California, and which is commonly known as Assessor's Parcel Number 323-100-04 ("PROPERTY" hereinafter). In consideration of the approval by the City of poway ("CITY" hereinafter) of a Building Permit to rebuild two legal non-conforming residential dwelling units, which were destroyed in the October 2003 Cedar Fire and when rebuilt will not exceed more. than a total of 750 square feet of habitable space beyond that which 'existed before the Cedar Fire, as Well as non-habitable residential accessory structures, OWNER hereby agrees that the residential dwelling structures (the two rebuilt and the one existing) shall not be increased in size beyond that which is approved under this Building Permit and as shown on the building plans on file with the City approved on and dated October 24, 2007, unless the property is brought into compliance with all applicable zoning - ----- standards. OWNER additionally hereby agrees that the rebuilt, non-habitable accessory structures shall not be rented or leased as separate living units, and kitchen facilities or heating and air conditioning shall never be installed. . /", 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 the Building Permit expires or is r~scinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the title record of the PROPERTY In the event of litigation 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 OWNER: Dated: II II :;- /0 1- By' /fJ-J ~---- Andrew Kean (Notarize) CITY OF POWA Y Dated: \ \ \ \ L\ \ 01 ByjJ~ ~ Patti Brindle, Interim Director of Development Services - - -. ~ +/ W} ~,-- - -. '-. .. . . 6404 : CALIfORNIA ALL.PURPOSE ACKNOWLEDGMENT ~~~~~=-V---^"",^~=---=^~--^='h=^~--"""=^=-"'",,,^~~~~~~~~ State of California ~ County OfV~ ss. personally appeared ~ . o personally known to me ~d to,meon the basis of safisfactory evidence to be the persony) whose name(.i) is/~ subscribed - ..;, - - - -", - - - - t to the within instrumenf and acknowledged to me that 'l. DIANE SHEA he/3Rclthey executed the same in his/~~'lhcir J@ ec:..: #1529437 , authorized capacity(.ies), and fhat by hiS/l",u'lI,,,i, I ~=.~~ signature(.85 ,on the instrument the person(.85, or the ; MvCcmm.EIlpEoNov26. entity upon behalf of which the person~ acted, _ _ _ _ _ _ _ _ _ - -. executed the instrument. - - Place Notary Seal Above - Signatureo! Notary Public OPTIONAL Though the information below is not required by Jaw, 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 Documen~ ~ ~ ~ ~~ Title or Type of Document: . -=- -,- . 2J Document Date: J I 1/5:/0 7 Number of Pages: / I /J - Signer(s) Other Than Named Above: r a.:::r;t: ~ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Individual D Corporate Officer - Title(s): D Corporate Officer - Title(s): o Partner-D liinited o General RIGHT THUMBPRINT, 0 ~artner-D,L1mited d General RIGHT-THUMBPRINT D A . F OF SIGNER. OF: SIGNER ttorney In act Top ofthumb here 0 Attorney In Fact Top of thumb here D Trustee D Trustee o Guardian or Conservator 0 Guardian or Conservator D Other' D Other' Signer Is Representing: Signer Is Representing: ~~~~~~'~;1~"."!lf!("~'\~,~~~~~~","""-""'V'~",",,,,-~~~ @2004 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313.2402 Item No. 5907 Reorder. Call Toll-Free 1-800~876-6827