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1991-562927 -~ oJ ' , ~ , RECORDING REQUESTED BY AND, . DOC" 1991-0562927 '¡ WHEN RECORDED MAIL TO: 31-0CT-1991 09=01 ,AM 1699 ( ) OFFICIAl RECORDS ( CITY CLERK ) SAM DIEGO COUHTY RECORDER'S OFFICE ( CITY OF ENCINITAS ) AHHEHE EVANS, COUNTY RECORDER ( 527 Encinitas Boulevard) RF: 7.00 FEES: 17.00 ( suite 100 ) AFI 9.00 ( Encinitas, CA 92024 ) 1f': 1;00 ( ) BNCROACEMEJI'l' MAIN'rENANCB AND REMOVAL COVBNAN'r ENCROACHHEN'r PERMIT NO. 9277P A.P.N.: 259-460-39 As encroachment permit is hereby granted to the Permittee designated in paragraph one, Attachment "A," as the owner of the ~ Benefitted Property described in paragraph two, Attachment "A," to encroach upon city Property described in paragraph three, Attachment "A," as detailed in the diagram, Attachment "B." /f Attachments "A" and "B" are hereby incorporated herein by this :;1 reference as though fully set forth at length. In consideration of the issuance of this encroachment permit, Permittee hereby covenants and agrees, for the benefit of the city, as follows: 1. This covenant shall run with the'land and be binding upon and inure to the benefit of the future owners, encumberancers, successors, heirs, personal representatives, transferees, and assigns of the respective parties. 2. Permittee shall use and occupy the City Property only in the manner and for the purposes described in paragraph four, Attachment "X." 3. By accepting the benefits herein, Permittee acknowledges title to the City Property to be in the city and waives all right to contest that title. 4. The term of the encroachment permit is indefinite and may be revoked by the City and abandoned by Permittee at any time. The City shall mail written notice of revocation to Permittee, addressed to the Benefitted Property which shall set forth the date upon which the benefits of encroachment permit are t~cease. 5. city is entitled to remove all or a portion of the improvements constructed by Permittee in order to repair, replace, or install public improvements. City shall have no obligation to pay for or restore Permittee's improvements. 6. Permittee agrees to indemnify and hold the City harmless from and against all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out 'of or related to the use, construction, encroachment or maintenance to be done by the Permittee or Permittee's agents, employees or contractors on city Property. TF/04/PW4-206wp5 (1-28-91/1) SCANNED ~ i70'O '. ~, 7. Upon abandonment, revocation or completion,. Permittee 'shall, at no cost to the City, return City Property to its pre- permit condition within the time specified in the notice of revocation or prior to the date of abandonment. 8. If Permittee fails to restore the city Property, the City shall have the right to enter upon the city Property; after notice to the Permittee, delivered at the Benefitted Property, and restore the city Property to its pre-permit condition to include the removal and destruction of any imp~ovements and Permittee agrees to reimburse the City for the costs incurred. 9. If either party is required to incur costs to enforce the provisions of this covenant, the prevailing party shall be entitled to full reimbursement for all costs, including reasonable attørney's fees. 10. Permittee shall agree that Permittee's duties and obligations under this covenant are a lien upon the Benefitted Property. Upon 30-day notice, and an opportunity to respond, the City may add to the tax bill of the Benefitted Property any past- due financial obligation owing to city by way of this covenant. 11. Permittee waives the right to assert any claim or action against the city arising out of or resulting from the revocation of this permit or the removal of any improvements' or any other action by the City, its officers, agents, or employees taken in a non-negligent manner, in accordance with the terms of the permit. 12. Permittee recognizes and understands that the permit may create a possessory interest subject to property taxation and that the permittee may be subject to the payment of property taxes levied on such interest. 13. As a condition precedent to Permittee's right to go upon the city Property, the agreement must first be signed by the Permittee, notarized, executed by the city and recorded with the County Recorder of the County of San Diego. The recordina fee shall be Daid bv Permittee. Approved and issued by the city of Encinitas, California, this aQ. day of tX7lJ/)£;t!! , 1911.. AGREED AND ACCEPTED: - . t~e~ ~rJ/ ~ WIIK.R.E.(jI Sill/A C IIY ðF ENC/~ITJt/-S (S1gnature of Permittee) --NOTARIZATION REQUlRED-- . . TF/0~/PW4-206wp5 (1-28-91/1) , <, 1702 ¡ ATTACBMBRT "A" TO COVENAJI'l' REGARDING DCROACBMBRT PERMIT NO. !1Ill PARAGRAPH ORB: Bruce Parker 348 Horizon Drive Encinitas, CA 92024 PARAGRAPJI TWO: Lot 27 ot CITY OP BHCINITAS TRACT NO. 8t-033, in the City ot Incinit.., county ot San Diego State ot Calitornia, according to Map thereot No. 12S82, tiled in the oftice ot the County Recorder ot San Diego County, March 16, IteO. PARAGRAPH TBRBB: 1S too.t wide public drainage e.....nt lying within said Lot 27.. shown on Map No. 12S82. PARAGRAPR POUR: Incroach8ent shall be 11mited to the placement and 118e ot the pool deck and land~ as shown' on ATTACBMBJrl' "8." Maintenance of the pool deck, land.cape, retaining wall, and drainage tacilitie.~~tb£D tbe 16 foot wi68 public: drainage ......at w1tJa.ta Mid Lot 11 1IIaa11.. the sole resP0D8ib111,ty of the OWft8r of Lot 17. ' STATE OF CA~":NIA . c } ss 17 ') 1 COUNTY OF n LJr1!!'ri> ' ;.¡, On,this ""tJrH- day of Øc..t.lt::,.. , in the year ~ ¡j / <1 9 I , before me, the undersigned, a Notary Public in :. and for said County and State, perso~peared ~ ßr-IJ"'" PJ-I~ Rf",r u ~... personallyknowntome(orproved.=~~_.~- - ~ : ~ evidence) to be the person whose name ! ~ / .ç Aubscribed to the within instrument and ;;; !i1 acknowledged that ~ executed the ¡:! - same, --- ~ ~ ~. _nnm om_- IS' ature ~:~ ~ '---- i "'om. (T....." ^" p.¡n'.<\ ~ ...."'.. ,"'.."'.. .. \ II I' -- .. ~ ~. I I , " . . .. , < , " 0,0' .. ,0' \ \ . .. ¡ ~ .. . , ..- I \ 0 \ I"~, I --0." . " : - I .. )/ ".. , "", i ¡ t'. "