Covenant Regarding Real Property 2008-0113362
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RECORDING'REQUEST BY )
) MAR 04, 2008 415 PM
CITY OF POWAY )
) , ,OFFILlp,L FiECORl'C,
WHEN RECORDED MAIL TO- )~ ',,;>.1'1 DIEI~O coum',' FIECORlUi"" OFFII~E
) CiRI:.GUFi'1 .1 '~t.,'iITH I-'I]U~JT'I FIECClRCIER
, FEE'" 16 Ij[l I
CITY CLERK ) , , .. I
CITYOFPOWAY )~ PAGES: 3
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(This space for Recorder's Use)
APN: 321-132-14
COVENANT REGARDING REAL PROPERTY
Dennis J Keena and KarenS Keena, Husband and Wife, as joint tenants ("OWNER"
hereinafter), are the owners of real property commonly known as 13934 Ipava Drive ("PROPERTY
hereinafter), and more fully described in Exhibit "A"
In consideration of the approval of a Building Permit to con_struct a 448,square-foot, att?lched
addition to the residence on the,above-referenced property by the City of Poway ("CITY" hereinafter),
OWNER hereby agrees that the addition shall never be rented or leased as a separate unit, no
complete kitchen facilities shall be indialled, and no gas line and/or 220 ampere electrical service shall
ever be installed except for that necessary for the fireplace and laundry area,
This Covenant shall Tun 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 a Building Permit is never obtained to construct the proposed addition at the
request of the OWNER, the CITY shall expunge this Cove-nant 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 the OWNERS
OWNERS
D,ted .9/dt/CE ~ d ;-;~
Dennis J Keena
Dated ,)-;V- 0 r;; ~/I~ v--.. S- ~~/7'f.V't
K en' Keena
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CITY OF POWAY
Dated QJa 0/06 By
H:\Covenants\Keena addition.docx
06-07J-{
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~~..eOO(>~..M"~~~~~~~~~~~~..G<
State of California }
County of ~;v.lJ fa ()
On fE;<,,qIf~ y 21. 20P! before me, -fJHYU/5,fi1l M/,If/, J! o-r;,1?f.r A AU C-
O;fte . Here Insetl Name and Title of ricer
personally appeared /\ t; AI;f/ / <" J. f(rF /V /f A-/V.lJ ~/I/ ,l!.a/V,4-
Name(s)ofSlgner(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) ~re subscribed to the
within instrument and acknowledged to me that
l)efS$(eLthey executed the same in ~/%r/their authorized
r~-- ~IH~--- capacity(ies), and that by ~/their signature(s) on the
ie CClIMIlaIon. 1778198 1 instrument the person(s), or the entity upon behalf of
HotaIy PIlbIlc - CaIItomIa I which the person(s) acted, executed the instrument.
1 Ion DIego County - I certify under PENALTY OF PERJURY under the laws
- - - - -~~Il!ft!~~"JJ of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above Signature
OPTIONAL
Though the information below is not required 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.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
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 - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General RIGHT THUMBPRINT
o Atlorney in Fact o Attorney in Fact OF SIGNER
o Trustee Top of thumb here o Trustee Top at thumb here
o Guardian or Conservator D Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
.
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102007National Notary Association. 9350 [)(J Solo Ave" P.O. Box 2402. Chatsworth, CA 91313-2402. WWoN NalionaINolary.o'Q Item #5907 Reorder: Call Toll.Froo '.800.876.6827
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Exhibit" A"
Parcel I
That portion of Lot 4, (Southwest Quarter of the Southwest Quarter) ,of Section 7, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, according to official plat thereof,
described as follows:
Commencing at a point on the Westerly line of said Lot 4, distant thereon South 00012'40" East 675 41 feet from the Northwest
corner thereof, said point being the Southwest corner of land conveyed to Frank S. White, by deed recorded January 26, 1956 in
Book 5953, page 439 of Official Records; thence South 86011 '40" East along the Southerly line of said White's land and its
Easterly prolongation 368,69 feet to the center line of that certain strip of land shown and designated on Record of Survey Map
No, 3661 as "existing 60 foot easement reserved for road"; thence along said center line South 00034'50" East 153.88 feet to the
true point of beginning; thence South 88011 '40" East 324,28 feet to the Westerly line of that certain parcel of land conveyed to
Ewart A, Goodwin, a married man, by deed recorded August 1, 1956 in Book 6202, page 492 of Official Records; thence along
said Westerly line South 00034' 50" East 183.91 feet to the center line of the "existing easement reserved for road" as shown and
designated on ,said Record of Survey Map No. 3661, thence along said center line North 88011 '40" West, 324,28 feet to its
intersection with the center line of the first above mentioned easement; thence along said center line North 00034'50" West
183 91 feet to the true point of beginning,
Parcel 2:
A 10 foot wide easement for sewer purposes in Lot 4, of Section 7 Township 14 South, Range I West San Bernardino Meridian,
in the City of Poway, County of San Diego, State of California, according to official plat thereof, the center line of said 10 foot
easement being described as follows:
Beginning at a point on the Westerly line of said Lot 4 distant thereon South 00012'40" East, 844.26 feet from the Northwest
corner thereof; thence South 880 II '40" Eas!, 369 78 feet to the center line of that certain strip of land shown and designated on
Record of Survey Map No. 3661 as "existing 60 foot easement reserved for road"; thence along said center line South 00034' 50"
East 16 Olj feet to the true point of,beginning; thence North 88011 '40" West, 262.00 feet; thence South 63036'04" West, 86,71
feet to a point on the Westerly line of said Lot 4, being the terminus of this description.
The side lines of said easement are prolonged Qr shortened to terminate on the West line of said Lot 4
Parcel 3
An easement for sewer pipeline in, upon,over, and across the lands described below, to erect, construct, reconstruct, replace,
repair, maintain over the following described real property
The Southerly 30,00 feet of the Easterly 95,00 feet to the Northerly 7 acres of the Southerly 20 acres of the Southeast Quarter 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 the official plat thereof.
Parcel 4
An easement and right of way for ingress and egress for private utility purposes to be used in common with others, over, under,
along and across the Southerly 10 00 feet of the Westerly 94,00 feet ,of the Easterly 189,00 feet of the Northerly 7 acres of the
Southerly 20,00 acres of the Southeast Quarter 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 the official plat thereof