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1987-10 8 8 8 RESOLUTION NO. C-87-010 A RESOLUTION OF THE CARDIFF-BY-THE-SEA CAB OF THE CITY OF ENCINITAS, CALIFORNIA APPROVING PARCEL MAP PM18877 FOR CARDIFF SUMMIT, LTD. WHEREAS, Cardiff Summit, Ltd. has applied for review of a (Final) Parcel Map for the condominium conversion of a duplex into a two unit residential condominium in accordance with Chapter 24.54 of the City of Encinitas Subdivision Ordinance; WHEREAS, the Board of Zoning Administration adopted a resolution approving the Tentative Parcel Map for Cardiff Summit, Ltd. on April 21, 1987; WHEREAS, Cardiff-by-the-Sea the Community Advisory Board held a public hearing on PM18877 on August 26, 1987, and all persons desiring to be heard were heard; and WHEREAS, the Parcel Map is in conformance with the State Subdivision Map Act, and the City of Encinitas Subdivision Ordinance, and was approved by the Encini tas F ire Protection District and the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED, that the Cardiff-by-the-Sea Communìty Advisory Board of the City of Encinitas hereby approves Parcel Map 18877. LN/kh/CABl-183 (9/8/87-4) -1- 8 8 8 PASSED AND ADOPTED, this 26th day of August, 1987, by the following vote, to wit: AYES: Board Members Winkler, MacManus, and Slater. NAYES: None ABSTAIN: None ABSENT: Board Members Hirsch and Shannon. Ç?~j ~~ il~ RICHARD MAC MANUS, Chairman Cardiff-by-the-Sea Community Advisory Board ATTEST: LN/kh/CABl-183 (9/8/87-4) -2- 8 8 8 . ' .,. , Recording Requested By: CITY OF ENCINITAS DEPARTMENT OF COMMUNITY DEVELOPMENT ) ) ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDER'S USE When Recorded Mail To: city Clerk CITY OF ENCINITAS 535 Encinitas Boulevard, suite 100 Encinitas, California 92024 COVENANT REGARDING REAL PROPERTY 2420 Newcastle, A California Limited Partnership ( "OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as 2420 Newcastle Avenue, Encinitas, California ("PROPERTY" hereinafter). In consideration of the approval of t Variance V87-059 to allow the 2 car garage for a single family residence to encroach into a required 5' side yard setback by 2' by the City of Encinitas ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to do the following: See Exhibit B which is attached hereto and'made a part hereof and which is Cardiff-By-The-Sea Community Advisory Board Resolution No. C87-011. 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. OWNER agrees that OWNER's duties and obligations under this Covenant are a 1 ien upon Upon notice the Property.. and opportunity to respond, the CITY may add to the tax bill of OWNER LN/dc/CAB2-187 (9-10-87-1) 8 8 . . .. any past due financial obligation owing to CITY by way of the Covenant. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party be shall 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 the Covenant the right to enforce this Covenant against OWNER. Dated (1 (I~: ("1 .'~' ì " ,/ I i 'í\ 1\ . ,',.- .,,' " \ 'bwner ) (Notarize) Dated 9j!g hp I City of I ì '" I' L . l Î /~l .,- ""~(¿ ( ) l' .-,1 C ,-- "'. . ò ò , ç;.~' õ: (Partnership) STATE OF CALIFORNIA COUNTY OF . ) I4-n Î)ì etj() On: S /I f7./.u-n iJ(lr / ð'. / 9 J' 7 personally appeared pod fll!'1 ('. } ss, GLENMLE FEDERAL SAVINGS AND LOAN ASSOCIATION before reo the undersigned, a Notary Public in and for said State h1ì {~ç , . """D^^_II',' 1.- - ,. AU 81' proved to .,.. on the basis of satisfaClOty eVide~ to be the per~ who -.cuted the within instrument as :{' /1P.; A/ ~ e.,..- of partners of the partnership that executed the within instrument. and 8knowledged to me that such partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL IRENE M. SHEPARD Notary Public-California SAN DIEGO COUNTY My Comm, Exp. Nov. 23. 1990 Signature'" A l!.. A 1. ~ht~ /Y}. ~:~A FORM 1249 (L R2/83) (This area for official notarial saal) ---.-- ------. ---- LN/dc/CAB2-187 (9-10-87-1)