1990-235307
" . .° 235307
.. ,
. 1945 r- HfCCRDfL ,",
Recording Requested By: ) !.}T!~¡[~!~~.;" .'~:r:'.\
)
) 90HAY- A118:22
When Recorded Mail To: )
)
City Engineer )
City of Encinitas )
Department of Public Works )
527 Encinitas Boulevard )
Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE
COVENANT REGARDING REAL PROPERTY :
AGREEMENT TO PROVIDE ACCESS EASEMENT
AS CONDITION OF EN 473-89
Assessor's Parcel Project No.: EN 473-89
No. 257-062-01,02,03,04 W.O. No.: NIA
Log No.: :3ð'o
North Coast Health Center, a California loint venture qeneral
partnership ("OWNER" hereinafter) is the current owner
of real property described in Exhibit "A" which is attached hereto
and incorporated herein by this reference as though fully set forth
at length and which is commonly known as
477 El Camino Real ("PROPERTY" hereinafter) .
In consideration of the approval by the City of Encinitas ("CITY"
hereinafter) of
89- ¿Of' IV/LIP/MOP '
-
OWNER covenants and agrees for the
-- --..----"
benefit of CITY to do the following:
RM/03/BP1-97wp5 1(6-19-89-1) 1
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I
. . 1946
1\. See Exhibit "8" attached hereto and
made a part thereof by this reference.
B. 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.
C. OWNER agrees that OWNER's duties and obligations under
this Covenant are a lien upon the Property. Upon notice and
opportunity to respond, the CITY may add to the tax bill of OWNER
any past due financial obligation owing to CITY by way of this
Covenant.
D. 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. The CITY may assign to a
persons impacted by the performance of this Covenant the right to
enforce this Covenant against OWNER.
E. Upon the satisfactory completion of the obligations
imposed upon OWNER by this Covenant, OWNER may apply for, and upon
application of OWNER CITY shall then duly execute and acknowledge,
in recordable form, and deliver to OWNER a satisfaction of Covenant
and release, and shall return duly endorsed to OWNER the security
RM/O3/BPl-97wp5 2(6-19-89-1) 2
. . 1947
provided for herein. At the option of CITY, a partial satisfaction
of Covenant can be executed and delivered to OWNER along with a
partial release of the security provided for herein so long as
there remains security of sufficient value to secure 150% of the
cost of the obligations remaining to be performed by OWNER.
NORTH COAST HEALTH CKIITER
P & Retirement, Inc.
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DATED '-......-
Per: Metropolitan Estates Corporation
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(If~
DATED
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[Signature of Owners must be notarized. Attach
the appropriate acknowledgements.)
CITY OF ENCINITAS
Dated ~) :¡-~ by i iUA--<- ,.
Warren H. Shafer,
City Manager
RM/03/BPl-97wp5 3(6-19-89-1) 3
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I
. . 1948
Province of Ontario
Canada
On this 2nd day of April, 1990 before me, the undersigned,
a Notary Public in and for the Province of Ontario, personally
appeared Theodore I. Sherman, personally known to me or proved
to me on the basis of satisfactory evidence to be the person who
executed this instrument as the President and Louis Forbes,
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as the Treasurer of Metropolitan Estates Corporation,
a Nevada corporation, the Corporation that executed this
instrument and acknowledged to me that such corporation executed
the within instrument pursuant to its by-laws and a resolution
of its Board of Directors.
Subscribed and sworn before me on the above date.
WITNESS my hand and official seal.
~{len
Notary Public
My commission is unlimited as to
time.
Sate Of California
I County of San DiegoSS.
[
, On April 6, 1990, before me, the undersigned, a Notary in
I and for said State, personally appeared David G. Petree,
personally known to me to be the person who executed the
within instrument on behalf of the North Coast Health Center,
a California joint venture general partnership, and acknowledged ì
to me that the Partnership executed it. 1
WITNESS my hand and official seal.
[
. . 1949
EXHIBIT "A"
The Northerly 5l0.00 (measured along the Westerly line) of that
portion of the Northwest Quarter of the Southeast Quarter of
Section ll, Township 13 South, Range 4 West, San Bernardino
Meridian, according to the Official Plat thereof lying Easterly of
the Easterly line of County Road Survey No. 682 (60.00 feet wide)
as described in deed to County of San Diego, recorded October 26,
1951 in book 4264, Page 305 of Official Records.
EXCEPTING THEREFROM that portion lying Westerly of the Easterly
boundary of that portion of County Road Survey No. 1800-1 (known
as El Camino Real) as described in Parcel 67073-A in deed to the
County of San Diego, recorded June 6, 1968 as File No. 94884.
EXHIBIT "B"
OWNER AGREES TO PROVIDE A NORTH/SOUTH ACCESS EASEMENT ACROSS THE
PROPERTY TO THE MUTUAL SATISFACTION OF THE DEPARTMENT OF PUBLIC
WORKS AND THE OWNER.