1989-109223RECORDING RE,PUESTED BY
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CSZi �y..i+ctT �nlu�N nca a g7t,11 AGREEMENT
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This agreement made this 27th day of February, 1989 witnesseth:
That Michael Mitchell the owner of hereinafter described real
property:
Address: 1773 Wilstone Avenue
Post Office: r
Zip Code: 92024
Subdivision Map Number: m
Assessor Parcel Number: 254 - 073 -04
desire to construct an "Accessory Apartment" as defined by the City },
of Encinitas Zoning Ordinance for the purpose of providing housing tir
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pursuant to Section 6156 - w of said Zoning Ordinance.
In consideration of the permission granted by the City of
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Encinitas, for Minor Use Permit 87 -307 -MIN dated November 17, 1988,
Resolution Number 88 -35, said accessory apartment will never be
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used as a dwelling unit unless a valid affidavit filed by the
Community
property owner is on file with the Department of
Development attesting to the qualifications of the occupants of
2
this property pursuant to the conditions set forth in Section 6156
of the zoning ordinance, and as follows:
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The Accessory Apartment shall be restricted in size to not more
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than 640 square feet of floor area. The occupancy of said
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Accessory Apartment shall be restricted to not more than two
persons. One of the dwelling units on the same site shall be
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occupied by the owner. At least one of the occupants of the
dwelling unit not occupied by the owner shall be either: (1) 60
years of age or older, (2) handicapped (as defined by Section 50072
in the State Health and Safety Code), or (3) a member of the
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immediate family of the owner (related by blood, marriage or
adoption). The owner hereby consents to inspection of the
Accessory Apartment by the Codes Enforcement Officer for the
purpose of verifying occupancy and shall furnish a new affidavit
to said officer upon request.
That this agreement shall run with the land and be a part of the
general plan for the protection and benefit of all parties
concerned, and that if the property should hereafter be conveyed
to any other person, firm, or corporation that the instrument by
means of which title or any interest in or to said real property,
or parcel thereof is conveyed will contain a restriction limiting
the use of the part of parcel so conveyed, or in the event of the
conveyance of the whole of said property hereinbefore described,
then to use the whole of said property in keeping with this
agreement.
JK /05/CAB10- 1122WP5 2(2/28/89 -1)
,> 1899
That if said agreement is violated at any time, action shall be I
taken by the City of Encinitas in accordance with provisions in the
Municipal Code to revoke permission for use �as /herein stated ■
(Owner(s) Signature)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 27th day of February , 19 89 IF before me
the undersigned , a Notary Public in and for said County,
residing therein, duly commissioned and sworn, personally appeared Susan and
Michael Mitchell, know.. to m to be the person(s) described in and
whose name(s) W (are) subscribed to the within instrument and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set by hand and affixed
by Official Seal, at my office in City of Encinitas , County of San
Ir}
Diego, State of California, the day and year in this certificate
i
first above written.
eta
Notary Public in affid for
the County of San Diego,
State of California. My
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commission expires'
August 31, 1990
Filed in Clerks Office
OFFICIAL SEAL
LEONR V 1(AUFLIN
NOTARY pUOLIG CALIF ORNI
SA tI DIEGO cOuNTY
14Y OM. E1P. AUG. 31,1990
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