1990-283946
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Recording request~y:
City of Encinitas
When recorded mail to:
City Engineer
City of Encinitas
527 Encinitas Boulevard
Encinitas~ CA 92024
For the benefit of the city
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SPACE
90
28386
157.1
qO MÀY 24 AI1 8: II
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ABOVE FOR RECORDER'S USE
COVENANT REGARDING REAL PROPERTY:
AGREEMENT TO REMOVE IMPROVEMENTS
AS A CONDITION OF 89-043 ADP
Assessor's Parcel
No. 260-275-12,18
\990
Log No.: 435
Project No.:89-043 ADP
W.O. No.: 9457~
A.
Haydn Partners, a qeneral partnership
( "OWNER"
hereinafter)
is
the
current
of
real
property
owner
described in Exhibit "A" which is attached hereto and incorporated
herein by this reference as though fully set forth at length and
which is commonly known as
("PROPERTY" hereinafter).
1758 and 1760 Haydn Street
In consideration of the approval by the
City of Encinitas ("CITY" hereinafter) of
OWNER covenants and agrees
89-043 ADP
for the benefit of CITY to do the
following:
SEE EXHIBIT "B" AND "c" ATTACHED HERETO AND
MADE A PART HERETO BY THIS REFERENCE.
B.
This Covenant shall run with the land and be binding upon
and
inure
to the
benefit of
successors,
heirs,
personal
the
future
owners,
encumbrances,
assigns of the respective parties.
representatives,
and
HSj04jCOVl-125WP51(10-27-89)
transferees
! I
"
.
.
1572
c.
OWNER agrees that OWNER's duties and obligations under
this Covenant are a lien upon the Property.
Upon notice and
opportunity to respond, CITY may add to the tax bill of OWNER any
past
due
financial
obligation
owing
to
CITY
by way
of
this
Covenant.
D.
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.
CITY may assign to a persons impacted
by the performance of this Covenant the right to enforce this
Covenant against OWNER.
E.
Upon
the
satisfactory
completion
of
the
obligations
imposed upon OWNER by this Covenant, OWNER may apply for, and upon
application of OWNER, CITY shall then duly execute and acknowledge
in recordable form and deliver to OWNER, a satisfaction of Covenant
and release.
At the option of CITY, a partial satisfaction of
Covenant can be executed and delivered to OWNER,
HSj04jCOVl-12SWPS2(10-27-89)
.
DATED
t111-1 1:',1&1"0
DATED
DATED
DATED
DATED
~\ i...~-, \"¡'in
(PARTNERSHIP)
~:~:E:F ~FALJFORNIA ~AI'J~\ r;/f\ } ss.
00 MA~ Î, I IC::¡~C' belmeme,lheuode.,
sigoed, a Nota". Public io aod 1m said Couoly ,aod Stale, pe..ooal/y appea'ed
'/C(', 'é rl -?
""""narr,koowo to me 1m pmved to me 00 the basis 01 salislaclo". evideoce) '0
be On¡7, 01 the panoe.. 01 'he partoe..hip that
executed 'he withio iosl.umeol, aod ackoowledged 10 me that such pa.'oe..hip
e,eculed the same.
.
1573
CPJ OF.. E'" t-IC. I'. N,,} TAS
ß) (t I )
Í- .;;, J., '" ~~-
C , r-y e!"" c;,11-\!EE'R
~ W\é§a~IDlTIliilllIDall<e <C11I1TIIII[)IIDITIlY
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
OAWN l. HELING
NOTARY rUG"e . CACIFORNiA
S"¡ DIEGO COUNTY
M'" '".,,;'., SE? 23, 1993
.,
.
.
1574
EXHIBIT A
LOT M AND THE SOUTHEASTERLY 10,00 FEET OF LOT L IN BLOCK 75 OF
CARDIFF VILLA TRACT, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO,
1469, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 10, 1912,
6.
7.
8.
9.
-..
.
EXHIBIT "B"
1575
1.
OWNER shall use and occupy CITY's Offer-of-Dedication area
only in a manner and for the purposes described in
EXHIBIT "C"
2.
By accepting the benefits herein, OWNER acknowledges title
to CITY's Offer-of-Dedication area to be in the CITY and
waives all right to contest that interest.
The term of this Covenant is indefinite and may be released
by CITY or the use of the Offer of Dedication area may be
abandoned by OWNER at any time. CITY shall mail written
notice of release to OWNER, addressed to the Benefitted
Property which shall set forth the date upon which the
benefits of this Covenant are to cease.
3.
4,
Upon receipt of notice of acceptance by CITY of Offer-Of-
Dedication or notice!of release of this Covenant, whichever
occurs first, OWNER 'shall, at no cost to CITY, remove all
private improvements constructed by OWNER within the Offer-
Of-Dedication area within the time specified by CITY in the
notice of release or prior to the date of acceptance,
s.
OWNER agrees to indemnify and hold CITY harmless from and
against all claims, demands, costs, losses, damages, injuries,
litigation, and liability arising out of or related to the
use, construction, encroachment or maintenance to be done by
OWNER or OWNER's agents, employees or contractors on CITY
Offer-of-Dedication area.
OWNER shall remove all existing encroachments within the
Offer-Of-Dedication area not authorized by an encroachment
covenant executed by CITY.
If OWNER fails to remove the improvements from Offer-Of-
Dedication area as required under this Covenant, CITY shall
have the right to enter upon the Offer-Of-Dedication area
after notice to OWNER, delivered at the Benefitted Property,
and remove all private improvements, and OWNER agrees to
reimburse CITY for the costs incurred.
OWNER waives the right to assert any claim or action against
CITY arising out of or resulting from the release of this
Covenant or the removal of any improvements or any other
action by CITY, its officers, agents, or employees taken in
a non-negligent manner, in accordance with the terms of this
Covenant.
OWNER recognizes and understands that this Covenant may create
a possessory interest subject to property taxation and that
the permittee may be subject to the payment of property taxes
levied on such interest.
HSj04jCOVl-12SWP5,(10-27-89)
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".:ASCO EjGINEERING
(619) 259-8212
535 NO. HIGHWAY '°1
SUITE A
SOLANA 8EACH, CA 92075