2008-345342
c.
City Clerk
City ofEncinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
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Recording Reqnested By And ) !t
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DOC # 2008-0345342
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JUN 26, 2008
4:01 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNT." RECORDER
FEES: 19.00
PAGES: 4
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COVENANT REGARDING REAL PROPERTY:
AGREEMENT TO REMOVE EXISTING RESIDENCE
Assessor's Parcel J
No. 256-151-26 "
~ ~ \oi A. Randall G. Boyer and Barbara Boyer as Trustees or their successors in trust, U/Drr of
'{~ the Boyer Living Trus~ dated October 22, 1990 ("OWNER" hereinafter) are the owners of real property
which is commonly known as 614 Ocean View Avenue ("PROPERTY" hereinafter) and which is
Case No. 05-113 TPM/CDP
described as follows:
LOT 5 IN BLOCK 3 OF AVOCADO ACRES, IN THE CITY OF ENCINIT AS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDiNG TO THE MAP THEREOF NO. 1791, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1924.
B. In consideration of the approval of Case No. 05-113 TPM/CDP by the City of Encinitas
("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to comply with
the terms and conditions of the permits as follows:
1. The existing residence shall be demolished within three (3) years of the date
of recordation of the final parcel map or prior to sale of the easterly parcel, proposed parcel
1, whichever comes first.
2. No additions or expansions whatsoever of the existing residence or
residential use of the property shall be allowed. Routine maintenance to the existing
residence and improvements may be performed.
3. The existing residence on proposed parcel 1 shall not have any access to the
proposed access easement.
4. Prior to release or satisfaction of the covenant, it shall be demonstrated to
the satisfaction of the Planning and Building Director that the existing residence has been
removed.
PBD\KK\g:\Covenant\05-113housedemo.cov - 1 -
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. 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 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,
from the other party.
F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent
to the filing by CITY of a Notice of Violation of Covenant.
G. Upon OWNER'S satisfaction of OWNER'S duties and obligations contained herein,
OWNER 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 OWNER.
ACCEPTED AND AGREED:
OWNER:
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Randall G. Boye , Trustee
Dated fo-/7-0! by 1kvt~ 1l~ T~
Barbara Boy~
(Notarization of OWNERS' signatures is attached.)
CITY OF ENCINITAS:
~
Dated ('. fr. << by /0---
Tom Curriden, City Planner
(Notarization not required)
PBD\KK\g:\Covenant\05-113housedemo.cov - 2-
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
:3cif't 1)le~ 0
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personally appeared Date l
County of
On this the
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Place Notary Seal Above
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who proved to me on the basis of satisfactory evidence to
be the person@) whose name~ .is/are subscribed to the
within instrument and acknowledged to me that~1tbv
executed the same in~ltheir authorized capacity~
and that by ~their signaturelS\ on the instrument the
perso~, or the entity upon beha'lrof which the persor@
acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Though the information below 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.
OPTIONAL
Description of Attached Document 0_ . _ I '^ ()
11"" Type of Oo"mem ~1'\<m~tlIJm~ kal cDro.ler.kt M~~ ~fl>'>>\.L.&i5l-irtl ftv{)1~
Document Date: -u.ll ~ ~es: c;;l J
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Slgner(s)
Signer's Name:
Dlndividual
DCorporate Officer - Title(s):
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
DAttorney in Fact Top of thumb here
DTrustee
D Guardian or Conservator
DOther:
Signer is Representing:
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
Signer is Representing:
REVISED 01108
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENAL TV OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOllOWS:
Name of the Notary:
E<3ffA?/}-//Z/! 4~0
Commission Number: /&:::? / / IJ
Date Commission ExPires:JV./.7Z~~~
County where Bond is Filed:
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Manufacturer I Vendor Number:
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Place of Execution: ~ ./J1/l;ec]2~tlJf&ate: V~ ~c?F
Signature:
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4194
Rec. Form IR10