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1989-109223RECORDING RE,PUESTED BY .1898 AND fVIRE► TG;. CSZi �y..i+ctT �nlu�N nca a g7t,11 AGREEMENT Clt— ) 1.1m 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 a pursuant to Section 6156 - w of said Zoning Ordinance. In consideration of the permission granted by the City of " Encinitas, for Minor Use Permit 87 -307 -MIN dated November 17, 1988, Resolution Number 88 -35, said accessory apartment will never be [ 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: W The Accessory Apartment shall be restricted in size to not more R lf/,!.� than 640 square feet of floor area. The occupancy of said I/ir�i Accessory Apartment shall be restricted to not more than two persons. One of the dwelling units on the same site shall be �.r 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 `! 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 g" 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 $9 1 09.2 � ftciuQftii IN u� ;FF ;cj /,t ii C0 s ii SAN C!£GC G UN7 CA 4&9to -2 PM 2,26 LF 11 L LYhE Y f(ECORI)Fk j , JK /05 /CAB10- 1122WP5 (12/20/88) RF 4.00 AR 2.00