1990-170650
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608 90 17'",50
Recording Requested By: ) 90 r',,",R 3D f,M 8: 25
/AUO( '[ Dk , ~L/"'. )
)
When recorded mail to: )
)
City Engineer ) gæ
City of Encinitas )
Department of Public Works ) ~_.
527 Encinitas Boulevard ) ~
Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE
COVENANT REGARDING REAL PROPERTY :
AGREEMENT TO COMPLETE A BOUNDARY ADJUSTMENT
AS CONDITION OF 90-012-BA/CC
Assessor's Parcel Project No.: 90-012-BA/CC
No. 265-251-11,12 W.O. No.: N/A
Log No.: 3'17
PACIFIC SCENE, INC., A CALIFORNIA CORPORATION
("OWNER" hereinafter) is the owner of real
property 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 as3245 and 3255 Brookside Lane
("PROPERTY" hereinafter). In consideration of the approval by the
City of Encinitas ("CITY" hereinafter) of 90-012-BA/CC ,
OWNER covenants and agrees for the benefit of CITY to do the
following:
/133 1
609
See Exhibit "B" attached hereto and
made a part thereof by this reference.
B. This Covenant shall run 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.
C. OWNER agrees that OWNER's duties and obligations under
this Covenant are a lien upon the Property. Upon notice and
opportunity to respond, the 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. The 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, and shall return duly endorsed to OWNER the security
TF/04/BPl-133WP5 (3-23-90) 2
610
provided for herein. At the option of CITY, a partial satisfaction
of Covenant can be executed and delivered to OWNER along with a
partial release of the security provided for herein so long as
there remains security of sufficient value to secure 150% of the
cost of the obligations remaining to be performed by OWNER.
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.s c "IVy -/ r-- c.-
3-,;l f- 'to
DATED
DATED OWNER
[Signature of Owners must be notarized. Attach
the appropriate acknowledgements.]
CITY OF ENCINITAS
Dated s-'Z.8-Qo by LJ~ -M ~
Warren H. Shafer,
City Manager
TF/04/BPl-133WP5 (3-23-90) 3
611
state of california)
) SS
County of San Diego)
On March 28, 1990, before me, the undersigned, a Notary Public in
and for said State, personallly appeared John W. Luedtke, proved
to me on the basis of satisfactory evidence to be the Senior vice
President of Pacific Scene, Inc., the corporation that executed the
within instrument and proved to me on the basis of satisfactory
evidence to be the person who executed the same on behalf of said
corporation, and acknowledged to me that said corporation executed
the same pursuant to its bylaws or a resolution of its Board of
Directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
o/,~/ ¡/. ~/#~) LEONA v KAUFLIH
T AAT PUlIUc-CAllFOANI
SAN DIEGO COUNTY
Notary Public in and or :~. EXP. AUG. 31.1~90
Said County and State
PL/ACK-CORl
612
EXHIBIT "A"
Lots 12 and 13 of CITY OF ENCINITAS TRACT NO. 4376, in the City
of Encinitas, County of San Diego, State of California, according
to Map thereof No. 12338, filed in the Office of the County Re-
corder of San Diego County, March 16, 1989.
613
EXHIBIT "B"
BOUNDARY ADJUSTMENT AGREEMENT
WHEREAS, Pacific Scene, Inc. ("PSI") desires to build homes
on Lots 12 and 13 of The Brookside Subdivision 4376-1 concurrent
with the building of homes in the rest of the Subdivision; and
WHEREAS, Lots 12 and 13 are not currently in conformity with
the City of Encinitas ("CITY") building setback and minimum lot
size requirements; and
WHEREAS, the City desires that Lots 12 and 13 be in conformity
with setback and lot size requirements.
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. PSI will diligently and in good faith proceed to complete the
boundary adjustments as previously approved by the Olivenhain
Community Advisory Board. Such boundary adjustments shall be
recorded on or before December 31, 1990.
2. PSI will post a cash deposit in the amount of twenty thousand
and 00/100 dollars ($20,000), as security for the cost of
demolition of the improvements constructed on Lots 12 and 13.
In the event that PSI has not completed the above-described
boundary adjustment on or before December 31, 1990, PSI will,
within 30 days of written notification from City, remove all
improvements from Lots 12 and 13 at its own expense. City
reserves the right to use the cash deposit to commence
demolition of the improvements in the event that PSI fails to
commence the demolition within 30 days of said notification.
3. In exchange for the above promises by PSI, City will allow PSI
to continue to build on Lots 12 and 13 prior to completion of
the boundary adjustments.
/JWL