2006-158340
RECORQING REQUESTED BY
When Recorded Mail To:
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
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DOC # 2006-0158340
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MAR 07, 2006
3:40 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 18.00
PAGES 4
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SPACE ABOVE FOR RECORDER'S USE
COVENANT REGARDING REAL PROPERTY
CONNECTION TO SEWER, AGREEMENT NOT TO OPPOSE A SPECIAL DISTRICf FOR
SEWER SERVICE AND PROVISION OF FENCING FOR SWIMMING POOL
THIS COVENANT SUPERCEDES DOCUMENT 1996-0319186 RECORl)ED ON JUNE 25.1996
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Assessor's Parcel Nos 254-102-58 & 59. Case No. 04-131-BAIMIN/CDP
A. Michael and Linda Medley Goldstein, ("OWNERS" hereinafter) are the owners of real
property which is commonly known as 293 Hillcrest Drive ("PROPERTY" hereinafter) and which is
described as follows:
PARCELS 1 and 2 OF PARCEL MAP 17716 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON JULY 3, 1996
B. In consideration of the approval of Case No. 04-131-BAIMIN/CDP by the City of
Encinitas ("City" hereinafter), OWNERS hereby covenant and agree for the benefit of CITY, to comply
with the following and the regulations of the EncinitasMunicipal Code:
PROPERTY shall be maintained under the ownership of OWNERS and can not be sold or title
otherwise changed from the title shown on Document 83-340110 unless a) the property is connected to
the Leucadia Wastewater District for sewer service in accordance with the Encinitas Municipal Code
and the Leucadia Wastewater District regulations, policies and procedures; b) OWNERS agree not to
oppose a special district which includes the PROPERTY if a special district to provide sewer service
TGM/g:cov/04-131 bamincdp.cov
is propOsed for creation; and c) should the PROPERTY become offered for sale to others, a fence of at
least five feet in height with self-latching gates shall be erected to the satisfaction of the Encinitas
Building Official in accordance with California Health and Safety Code Section 115920 prior to close
of escrow in order to enclose the pool presently located on the western portion of the PROPERTY.
OWNERS also agree that they will connect the PROPERTY to the Leucadia Wastewater
District sewer service if the sewer line becomes available at a distance of 200 feet or less from the
boundary of the PROPERTY.
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,
from the other party.
F. Failure of the OWNERS 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 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.
Dated 3-7-() If
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ACCEPTED AND AGREED OWNERS:
Dated ~-1-6& ~
Michael Goldstein
~~~
Linda Medley Goldstein
(Notarization of OWNERS signatures is attached.)
CITY OF ENCINITAS
Dated~~ - 1=S.;!Lv.. h1 { fu.4-
Bill Weedman, City Planner (Notarization not required)
TGMlg:cov/04-131 bamincdp.cov
CAhlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of Ca li&J4/~
County of -5a,.., D,~o
On Ho rcl1 I) I ..2<TO(p
. Dale
personally appeared H ol C qe 1
before me, }Ja 1If~ VO..-1 A)e"~",...,,, Pdt-I1.J,q. J.I!~
N and Tille 01 OIIicer (e.g., "Jane Doe, Notary Public")
o d.s-je,~ Q L,;, pelf G c;)lc/S-lein
Nama(s) 01 Signer(s) ,
Jd personally known to me - OR - 0 luovaE! ta "'6 6" the basis af sstiefs9taFy s\'iasRee to be the person(s)
whose name(s) ware subscribed to the within instrument
and acknowledged to me that ~/they executed the
same in ~r/their authorized capacity(ies), and that by
ftisthef/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
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e NAillCYVON NEUMANN
-' Commiuion.1360807 z
~. Notary Public - California ~
j San Diego County E
P.1yCorTm. ExpiresJul11, 2006
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WITNESS my hand and official seal.
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OPTIONAL
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. /"
Oeser. ion of Attached Document /'
Document Date:
Capacity(ies) Claimed by
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited
o Attorney-in-Fact
o Trustee
o Guardian or Conservato
o Other:
Number of Pages:
Signer's Name:
RIGHT THUf 'BPRI'JT
O~ ()!Clf Jf H
Top of thumb here
o Individual
o Corporate Officer
Title(s):
o artner - 0 Limited 0 General
o Att ey-in-Fact
o Truste
o Guardian
o Other: Top of thumb here
RIGHT T'ilJ'.1BPRlr"T
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Signer Is Representing:
C 1994 National Notary Association 0 8236 Remmel Ava., P.O. Box 7184' Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-87~7