2004-399580
,; /' ':.. . DOC #tfOO4-0399580
Recorcijng Requested By And) MAY 04. 2004 11:49 AM
When Recorded Mail To: )
) OFFICIAL REcœDS
) ~ DIEGO COUNTY RECORDER'S OFFICE
) GREGORY J. SMITH. COUNTY RECORDER
) FEES: 27.00
City Clerk )
City ofEncinitas )
505 S. Vulcan Avenue )
Pð Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE
7P COVENANT REGARDING NO BUILD EASEMENT:
Assessor's Parcel. Ref Case No.: 03-267 BAlCDP
IC No. 256-030-13
-1/'l"n4f A. Happy Car, LLC, ("OWNERS" hereinafter) are the owners of two contiguous parcels
~-~
} ofland known as 731 North Vulcan Avenue (APN 256-030-13) ("PROPERTY" hereinafter) and
which is described as follows:
See Exhibit "A"
B. In consideration of the approval of Case No. 03-267 BAlCDP by the City ofEncinitas
("CITY" hereinafter), OWNERS hereby covenant and agree for the benefit of CITY, to comply with
the following terms and conditions:
C. The single family residence on parcel "A" of Attachment "3" of Exhibit "B" to grant
deed is situated on the lot line separating Parcel "A" &om Parcel "B", the Uniform Fire Code and
Uniform Building Code requires a minimum of 3 feet separation from a structure to a property line or
assumed property line. OWNERS will not seek and City will not authorize a building permit for the
area shown on Attachment "3" of Exhibit "B" to Grant Deed as "Non-Build Easement Area", and
described on:
See Attachment "2" and "3" o/Exhibit "B" to Grant Deed
D. At the time the Single Family Residence on Parcel "A" is legally removed, OWNERS
may petition and City will consider a release of this covenant based upon the roles and regulations of
the City in force and effect at the time of consideration for release
P B D fTG M/ g: 1 C 0 venan 1103 -26 ?Deedreslrl cti on. co v -1-
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E. 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.
F. OWNERS agree that OWNERS' duties and obligations under this Covenant are a lien
upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax
bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant.
G. 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 attomeys'
fees, from the other party.
H. Failure of OWNERS to comply with the terms of this Covenant shall constitute
consent to the filing by CITY of a Notice of Violation of Covenant.
1. Upon OWNERS' satisfaction of OWNERS' duties and obligations contained herein,
OWNERS may request and CITY shall execute a Satisfaction of Covenant.
J. By action of the City Council, CITY may assign to a person or persons impacted by the
performance of this Covenant, the right to enforce this Covenant against OWNERS.
AC~MIDAmœED Ý ~. /
OWNERS:
Dated t¡jtJ/pY by ~
I .
Car LLC, AI Golden
(Notarization of OWNERS' signatures is attached.)
CITY OF ENCINITAS:
Dated ~ I / z.~ 'UIzJf by ~ L{. ~¿ \.M. 0..-.
Bill Weedman, City Planner
(Notarization not required)
PBDfTGM/g:ICovenanII03-267Deedrestriction.cov - 2 -
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On }~?¡ ,202i-,beforeme, //~G¡£~~ ,
Notary Public in and for said State, personally appeared t7/v/.. Golden,.
.
personally known to me (or 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 hislher/their authorized capacity(ies), and that by hislher/their signature(s) on
the instrument, the person( s), or the entity upon behalf of which the person( s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature ~ ~ ø ~ t fit ::m--~ ) (Seal)
ý
j NOTAA\' PUBUC-CAlIFOllNIA~
COMM. NO. 130\1686 -
SAN DIEGO COUNTY
I MY COMMo EXP.JULY 16,ZŒj
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On .20-, before me, ,
Notary Public in and for said State, personally appeared
,
personally known to me (or 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 hislher/their authorized capacity(ies), and that by hislher/their signature(s) on
the instrument, the person( s), or the entity upon behalf of which the person( s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature (Seal)
Happy Car, LLC 3
248403-1
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A"
THAT PORTION OF LOT 9 OF LEUCADIA ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1704, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON JUNE 5, 1918, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 12, BLOCK 53 OF
THE TOWN OF LEUCADIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 570,
FILED IN THE OFFICE OF SAID SAN DIEGO COUNTY RECORDER ON
OCTOBER 23, 1888; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 OF
LEUCADIAACRES, SOUTH 17°34' IT' EAST, 73.49 FEET; THENCE LEAVING
SAID WESTERLY LINE OF LOT 9, NORl1I 72°11 '26" EAST, 118.95 FEET TO A
POINT IN THE CENTERLINE OF THAT VACATED ALLEY AS DEPICTED ON
RECORD OF SURVEY NO. 13234, FILED IN SAID OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON JUNE 13, 1991; THENCE, ALONG SAID CENTERL1NE,
NORl1I 15°49'50" WEST, 69.21 FEET; THENCEIEAV'ING SAID CENTERLINE,
SOUTH 74°14'05" WEST, 10.00 FEET TO A POINT IN SAID WESTERLY RlGHT-
OF- WAY LINE, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF
SAID LOT 12; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 12,
SOUTH 74°14'05" WEST, 111.11 FEET TO THE POINT OF BEGINNING.
CONTAINS 8561 SQUARE FEET MORE OR LESS.
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL"B"
TIlE NORTIIERL Y 40 FEET OF LOT 9, BLOCK 53, OF TIlE TOWN OF
LEUCADIA, IN TIlE CITY OF ENClNITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 570, FTI.lID IN
TIlE OFFICE OF TIlE SAN DIEGO COUNTY RECORDER ON OCTOBER 23, 1888
TOGETHER WITH THAT PORTION OF LOT 9 OF LEUCADIA ACRES, IN TIlE
CITY OF ENClNITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL MAP TIlEREOF NO. 1704, FILED IN TIlE OFFICE OF
TIlE SAN DIEGO COUNTY RECORDER ON JUNE 5, 1918, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TIlE SOUTHWESTERLY CORNER OF LOT 12, BLOCK 53 OF
SAID MAP NO. 570; THENCE ALONG TIlE WESTERLY LINE OF SAID LOT 9 OF
LEUCADIA ACRES, SOUTH 17°34'17' EAST, 73.49 FEET TO TIlE TRUE POINT
OF BEGINNING; TIlENCE CONTINUING ALONG SAID WES'l:ERL Y LINE,
SOUTH 17°34'17" EAST, 26.33 FEET TO TIlE NORTHWESTERLY CORNER OF
SAID LOT 9, BLOCK 53 OF MAP NO. 570; THENCE ALONG TIlE NORTIIERL Y
LINE OF SAID LOT 9, NORTH 74°14'05" EAST, 108.08 FEET TO A POINT IN TIlE
WESTERLY RIGHT-OF-WAY OF THAT VACATED ALLEY AS DEPICTED ON
RECORD OF SURVEY NO. 13234, FTI.lID IN SAID OFFICE OF TIlE SAN DIEGO
COUNTY RECORDER ON JUNE 13, 1991, SAID POINT ALSO BEING TIlE
NORTIlEASTERL Y CORNER OF SAID LOT 9, BLOCK 53 OF MAP NO. 570;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 74°14'05"
EAST, 10.00 FEET TO A POINT IN TIlE CENTERLINE OF SAID VACATED
ALLEY; THENCE ALONG SAID CENTERLINE, NORTH 15°49'50" WEST, 30.56
FEET; TIlENCE LEAVING SAID CENTERLINE, SOUTH 72°11 '26" WEST, 118.95
FEET TO TIlE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION OF SAID LOT 9, BLOCK 53 OF MAP
NO. 570 LYING WITHIN TIlE 200-FOOT RIGHT-OF-WAY OF TIlE ATCmSON,
TOPEKA AND SANTA FE RAn. WAY COMPANY (FORMERLY TIlE
CALIFORNIA SOUTHERN .RAILROAD COMPANY).
CONTAINS 8067 SQUARE FEET MORE OR LESS.
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Attachment "2" of EXHIBIT "B" to Grant Deed
LEGAL DESCRIPTION
Restricted Area on Parcel "B"
THAT PORTION OF LOT 9 OF LEUCADIA ACRES, IN THE CITY OF ENCINIT AS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
MAP THEREOF NO. 1704, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON JUNE 5, 1918, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 12, BLOCK 53 OF
SAID MAP NO. 570; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 OF
LEUCADIA ACRES, SOUTH 17°34' 17" EAST, 73.49 FEET; THENCE ALONG THE
NORTHERLY LINE OF HEREINABOVE DESCRIBED PARCEL "A", NORTH
72°11 '26" EAST, 19.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHERLY LINE, NORTH 72°11 '26" EAST, 42.40
FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 17°48'34" EAST,
3.00 FEET; THENCE SOUTH 72°11 '26" WEST, 42.40 FEET; THENCE NORTH
17°48'34" WEST, 3.00 FEET TOTHE TRUE POINT OF BEGINNING.
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SEANC. ENGLERT LS 7959
PASCO ENGINEERING, INC.
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