2004-1219850
I,. "-;'\":' r::1ECtJESTED BY
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When RecQrðed Mail To:
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City Clerk . £;C(
City ofEncinitas ( ~
505 S. Vulcan Avenue \ '. )
Encinitas, CA 92024
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, DOC. 2004-1 21 9850
111111111 111111111111111111111111111111111111111111111111111111111 1111
DEC 28, 2004
2:24 PM
OFFICIAL RECORDS
SAN DIEGO COUNT'( RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES 20.00
PAGES: 5
) SPACE AJ
l~uunIUUUUUUUUß~1
COVENANT REGARDING REAL PROPERTY
LIMITED USE OF OFF-SITE EASEMENT TO COMPLY WITH ZONING SETBACKS
Assessor's Parcel No. 260-620-49
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A.
Mark D. Bobo and Kristy R. Bobo, ("OWNERs" hereinafter) are the owners of real
Building Permit No. 03-0132, 03-
2006, 04-0329, 04-0470.
property which is commonly known as 1364 Summit Avenue ("PROPERTY" hereinafter) and which is
described as follows:
See Document 2004-1200082 Recorde4 (In j)ecember 21, .lO01 in the ~ffice of the San Diego County
B.
Recorder
In consideration of the approval of Building Permits 03-0132, 03-2006, 04-0329, 04-
0470
by the City of Encinitas ("City" hereinafter), OWNERS hereby covenant and agree for the benefit of
CITY, to comply with the approved permit and the regulations of Municipal Code Chapter 30.16
(Setbacks) in that the building permit plan sets indicate a sideyard setback on the north side of the
property adjacent an easement as five feet. In order to enjoy a five foot sideyard setback adjacent to an
easement, the property enjoying the setback must not have ingress and egress over the adjacent
easement.. In order to comply with the five foot setback regulation, owners hereby agree that the access
easement to the north of the subject property located at 1364 Summit Avenue shall not be used as
ingress and egress for the subject property other than such use as is necessary for the maintenance or
constructiion of improvements to the rear yard area. Other than as set forth in this covenant, the
easement shall not be used in any manner that would become ingress and egress for the property.
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C.
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.
D.
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.
E.
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,
ftom the other party.
F.
Failure of the OWNERS to comply with the tenDS of this Covenant shall constitute
consent to the filing by CITY of a Notice of Violation of Covenant.
G.
Upon OWNERS' satisfaction of OWNERS' duties and obligations contained herein,
OWNERS may request and CITY shall execute a Satisfaction of Covenant.
H.
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.
ACCEPTED AND AGREED
OWNERS
Dated j Q - cl. 6 ... (DL(-
f1LlauL Ð- ' ~
Mark D. Bobo
Dated J f) - 2<Çç- 0 Y
!Y\~, ~
Kristy R. Bobo
See attached California
AIJ-Purpose Acknowledgment
(Notarization of OWNERS signatures is attached.)
CITY OF ENCINIT AS
Dated 'Yec. 2f¡ 7IØf ~ I -' II J 0 d~ ~
Bill W~~~anner (Notarization not required)
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All-Purpose Acknowledgment
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
t\~~Å~ (~
NAME(S) OF SIGNER(S)
On ~eh,.l~,) ~:Xtlfefore me, Fiona Geller, Notary Public, personally appeared
DATE I !
~ ~4b~-{\ ~ \ ¿ ~ y..
bo \.0<)
0 personally known to me
~. proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instmment and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature( s) on the instrument the
person s), or entity upon behalf of which the person(s) acted,
exec te the in t.
d official seal.
SIGNATURE OF NOTARY PUBLI
OPTIONAL
THOUGH THE INFORMATION BELoOW 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 \d-- - d-.-"'2 - UL+
SIGNER(S) OTHER THAN NAMED ABOVE \
CAPACITY(IES) CLAIMED BY SIGNER
SIGNER'S NAME
0 INDIVIDUAL
0 CORPORATE OFFICER-TITLE(S)
0 PARTNER-O LIMITED 0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE.
0 GUARDIAN OR CONSERVATOR
0 OTHER
NUMBER OF PAGES
~
RIGHT THUMBPRINT
OF SIGNER
SIGNER IS REPRESENTING
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ORDER NO
40409139-40
EXHIBIT "A"
PARCEL 1:
THAT PORTION OF LOT 1 IN SECTION 22, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY PROLONGATION
OF THE NORTHERLY LINE OF CARDIFF VILLA TRACT, ACCORDING TO
MAP THEREOF NO. 1469, 'FIL,ED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 10, 1912 WITH THE,
NORTHEASTERLY BOUNDARY OF COUNTY HIGHWAY COMMISSION ROUTE 1,
DIVISION 1 (NOW THE KNOWN AS SAN ELIJO, AVENUE), ACCORDING
TO PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER
OF SAN DIEGO COUNTY; THENCE ALONG SAID NORTHWESTERLY
BOUNDARY AS FOLLOWS:
NORTH 31° 28' 00" WEST, 213..03 FEET TO THE BEGINNING OF
TANGENT 1275.82 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 08° 01' 00" A DISTANCE OF 178.49 FEET AND TANGENT
TO SAID CURVE NORTH 23° 27' 00" WEST, 1237.98 FEET; THENCE
LEAVING SAID BOUNDARY, NORTH 66° 48' 00" EAST, 364.00 FEET
TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN PARCEL 1
IN DEED TO ALBERT SPRINGER, ET UX, RECORDED APRIL 21,1961 AS
FILE/PAGE NO. 69344 OF OFFICIAL RECORDS AND BEING THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 66° 48' 00"
EAST, 126.98 FEET TO THE MOST NORTHERLY CORNER OF LAND
DESCRIBED IN PARCEL 1 IN DEED TO CHARLES C. STAFFORD, ET AL
RECORDED JUNE 2, 1971 AS FILE/PAGE NO. 115749 OF OFFICIAL
RECORDS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LAND AS
FOLLOWS:
SOUTH 00° 23' 00" WEST, 18.61 FEET TO A POINT ON THE ARC OF
A NON-TANGENT 2035.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A
RADIAL LINE OF SAID LINE CURVE BEARS SOUTH 83° 03' 14" WEST
TO SAID POINT; SOUTHERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 54.95 FEET TO THE MOST NORTHERLY CORNER OF SAID
LAND DESCRIBED IN DEED TO PETER D. CARPENTER, RECORDED
NOVEMBER 27, 1967 AS FILE/PAGE NO. 185440 OF OFFICIAL
RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF SAID
CARPENTER'S LAND SOUTH 66° 48'00" WEST, 104.12 FEET TO A
LINE WHICH BEARS SOUTH 23° 27' 00" EAST FROM THE TRUE POINT
OF BEGINNING; THENCE NORTH 23° 27' 00" WEST, 70.00 FEET TO
THE TRUE POINT OF BEGINNING.
PAGE 1 OF 2
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ORDER NO
40409139-40
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITY
PURPOSES OVER A STRIP OF LAND 16.50 FEET IN WIDTH LYING
WITHIN LOT 1 IN SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIÈGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF THE
NORTHWESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL 1
HEREINABOVE DESCRIBED, BEING A POINT ON THE NORTHWESTERLY
LINE OF LAND DESCRIBED IN DEED TO PETER D. CARPENTER,
RECORDED NOVEMBER 27, 1967 AS FILE/PAGE NO. 185440 OF
OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE,
SOUTH 66° 48' 00" WEST, 15.00 FEET TO THE MOST WESTERLY
CORNER OF SAID CARPENTER'S LAND AND BEING THE TRUE POINT OF
BEGINNING; THENCE ALONG THE NORTHWESTERLY LINE OF SAID
CARPENTER'S LAND NORTH 66° 48' 00" EAST, 119.12 FEET TO THE
MOST NORTHERLY CORNER OF SAID LAND. SAID EASEMENT TO
TERMINATE NORTHEASTERLY IN THE EASTERLY BOUNDARY OF SAID
CARPENTER'S LAND.
....
PAGE 2 OF 2
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