1996-342599
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-' 334 Dr~'!" 1996-0342599
'",..- 09~L-1996 02=44 PM
When Recorded Mail To: ) OFFICIAL RECORDS
) SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGORY SnlTH, COUNTY RECORDER,
City Clerk ) FEES: 0.00
City of Encinitas )
505 S. Vulcan Avenue )
Encinitasr CA 92024-3633 ) ,.-
SPACE ABOVE FOR RECORDER'S USE !
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{ ¡}7'11 COVENANT REGARDING REAL PROPERTY ~,)f
ACCESS AGREEMENT f. L'"
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Assessor Parcel City File Nos.: 89-181 and 89-201
Number: 257-470-32
A. David Petree, President of AmeriCare Health & Retirement, Inc. ("OWNER"
hereinafter) is the owner, or represents the owners, of real property which is commonly known
as that property located at 477 North EI Camino Real ("PROPERTY" hereinafter),
B. In consideration of the approvals of Major Use Permits 89-181 and 89-201 by
the City of Encinitas ("CITY" hereinafter) and for the CITY's benefit, OWNER agrees to the
following:
An access agreement, with slope and drainage rights, is hereby granted over and
from the PROPERTY (Assessor Parcel No. 257-470-23) to adjoining property
to the north (Assessor Parcel Nos. 257-470-18 and -19 (merged), 257-470-16,
and 257-470-17) at the location now existing or at other locations as maybe to
the mutual satisfaction/agreement of both parties to implement Planning
Commission Resolutions PC-90-0S (Additional Condition No.4) and PC-90-06
.. (Additional Condition No.4) to the satisfaction of the Community Development
Director and the City Engineer.
C. This Covenant shall run with the land and be binding upon and inure to the benefit
of any future owners, encumbrances, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
D. OWNER agrees that OWNER'S duties and obligations under the 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 fmancial obligation owing to CITY by way of
this Covenant.
E. If either party is required costs to enforce the provisions of this Covenant, the
prevailing party shall be entitled to full reimbursement of all costs, including reasonable
attorney's fees, from the other party. -'-
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. F. Failure of the OWNER to comply with the terms of this Covenant shall
constitute co~ent to the filing by CITY of a Notice of Violation of Covenant.
G. By action of the City CoWlcil, the CITY may assign to a person or persons
impacted by the performance of this Covenant, the right to enforce the Covenant against
OWNER.
ACCEPTED AND AGREED:
Date: S ~l h~
f /
CALlFI"" r. ML .unr .j.MIu"_..I1~1If'I'
No. 8t7
State of ~I r Vi ( ^.:
County of c jaJCJl'l ~ '0 ..
On ~JI I Ctq fp be/ore me. ~ )A.Jc,vMdl-evL ~/ùtlt, .
.. - ;,(ie V I -- mu OF 0""'"" ! ~G, '".e DOE. T....,.......,.
personally appeared OJJ I ()... fs- i ~ ,
x. """5) OF """"""
. ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
t8 I capacity(ies). and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
~- ._J person(s) acted, executed the instrument.
_.
WITNESS my hand and official seal.
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. IØtATUlllleF r«:1rM(
CITY OF ENCINIT AS:
~U tJ~ ~~ 2- f(, (79 Þ
Bill Weèäman, City Planner Date
(Notary not required)