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2017-231927 DOC# 2017-0231927 • IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllllll May 23, 2017 03:55 PM Recording Requested By: OFFICIAL RECORDS City of Encinitas Ernest J Dronenburg, Jr, Y SAN DIEGO COUNTY RECORDER FEES. $27.00 When Recorded Mail To: ) PAGES s City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas,CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ' COVENANT REGARDING REAL PROPERTY: ACCESSORY UNIT Assessor's Parcel No: Bldg. Permit No: 15-2316 No. 258-274-50-00 A. Dayna Vogt, an unmarried woman, an undivided one-half interest, Kasey Doyle and Brenda Doyle, husband and wife, as community property, an undivided one-half interest ("OWNERS" hereinafter) are the owners of real property which is known as 1124 Nardo Road, Encinitas, CA 92024 ("PROPERTY" hereinafter) and which is described as follows: THE NORTH HALF OF LOT 17, BLOCK K, AVOCADO ACRES NO. 5, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2130, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,SEPTEMBER 19, 1928. B. In consideration of the approval of Permit No. 15-2316 (Building Permit), 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 this permit as follows: 1. The accessory unit is approved for use as second dwelling unit accessory to the principal use of the PROPERTY as a single-family residence. The use of the accessory unit shall be incidental, related, appropriate and clearly subordinate to the single-family residence. Sale or ownership of the accessory unit separate from the associated single-family residence is prohibited. 2. All parking for the accessory unit shall be located, constructed, maintained as approved and shown on building Permit No. 15-2316. 1. C. This Covenant shall run with the land and be binding upon and insure 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 Dated Dayna Vogt Dated Kasey Doyle Dated Bre a Doyle 2 (Notarization of OWNER signature is attached.) �,�Jf CITY OF ENCINITAS Dated S v 6 by ` Kerry us enior PI nner II (Notarization not required) 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE I) 1180 A notary publk of oMer officer cwr;ft ktg this cerdficete 101111 0in only the ideMMy of the Individual who signed the docunerd to which this ceAlfieate Is sttached.and not that V Mf*Ou.aoeuracy,a validity Of that document. State of California ) County of T A 7 On /`C9Y !� �i 3- before me. �'; `lo�� C'Gi0%� /Ueni�Y ,/�i61%C _r pan Hera lam W Name and Tifn of Ow Officer poly appeared aY.l �. 0 [° az n? Da AwroN Of sal who proved to me On the basis of satisfactory evidsrae to be the persons) whose rwrrw(y Ja7an subscribed to the wIM Mtrurnard and acknowledged to me that bWhsAAsy wascuted tit sirrw in jilslpef their authorized capecky(las),and tMt by bigS dthelr sigrwhse(e)on the krtrurwnt On persons), or the entity upon b"of which the perm*)acted,sa amned the Instrtanert. I certify under PENALTY OF PERJURY under the laws of the Stab of CahMorrta that the foregoing paragraph KI HOON CHOI � la true and Correct. is COMMISSION NO.2132620 � •�• my hand and Official rased. u NOTARY PUBLIC CALIFORNIA H - SAN DIEGO COUNTY COMMISSION EXPIRES DEC 1,2019 `�. Signal" ttre of Notary Pubillc piece Notary Seal Abow OPTIONAL Tharyh Mis mcdan Is opdm* owliclaft 0*fnIbmwdon can data alteration of tit doamant Or lh ucimient reettaCMrent of this form to an unintended document. Lc DescriPtion of Attached Dcrmnwd Title or Type of Occurrent' t cjU&nQf7t eC. Iry P r tCP-fS'�Y �t'1 Doc mart Date: /�tQ 7 Number of Pliges: —?- - Signer(s) Other Than l4arned Above: Capscity(ies)Claimed by Signers) Signer's Name: Signer's Name: ❑Corporate Officer – Title(s): ❑Corporate Officer – Title(s): ❑Partner – ❑Limited ❑General ❑Partner – ❑Li sited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fad ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02015 National Notary Association • www.NationalNolary.org - 1.800-US NOTARY(1-800-876-6827) Item #5907 STATE OF IDAHO ) COUNTY OF BLAINE ) On 11, Zotl before me, C-kc,,%" a Notary Public, personally appeared Da Ong V e;k who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Idaho that the foregoing paragraph is true and correct. WITNESS my hand and official Seal. Christina A Slice Notary Public State of Idaho, Signature I 1�� F� d�N (Seal)