2007-380512
Recording Requested By:
City of Encinitas
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DOC # 2007-0380512
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When recorded mail to:
City of Encinitas
ATTN: City clerk
505 South Vulcan Avenue
Encinitas, CA 92024
OFFICI.6,L FiECORD:::
':;6JJ DIEGO couron'( F:ECOFiDEFi'S OFFICE
GFiECiOF:'(,J ':;MITH COUNT\' F:ECOFWEF:
FEE':: 2CiCiCi
F',6.GES 5
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A.P.N.260-305-14-00 /
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COVENANT REGARDING REAL PROPERTY:
DRAINAGE EASEMENT REQUIRED AS CONDITION FOR BUILDING PERMIT
A. Michael Conway and Mary Irene Waterman Conway are the owners of certain real
property located at 1717 Mackinnon Avenue, Encinitas, California and identified as San
Diego County A.P.N. #260-305-12-00. Said Michael and Mary Conway are also the owners
of certain real property located at 1725 Mackinnon A venue, Encinitas, California and
identified as San Diego County A.P.N. #260-305-14-00. Said Michael and Mary Conway
have applied to the City of Encinitas for a permit to construct a residence at said 1717
Mackinnon Avenue and, as a condition for issuing such permit, the City of Encinitas has
required said Conways to execute and record this Covenant providing for water drainage
from said 1717 Mackinnon property over and across a portion of said 1725 Mackinnon
property.
B. Said Michael and Mary Conway hereby covenant and agree that prior to
transferring ownership of either said 1717 or 1725 Mackinnon Avenue they will prepare,
execute and record with the San Diego County Recorder an easement, in a form acceptable to
the City of Encinitas, allowing water to drain from said 1717 Mackinnon A venue over and
across a portion of said] 725 Mackinnon Avenue.
C. 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 said Michael and Mary Conway.
D. Failure of said Michael and/or Mary Conway to comply with the terms of this
Covenant shall constitute consent to the filing by the City of Encihitas of a Notice of
Violation of Covenant.
E. Upon said Conways' satisfactory completion of their duties under this Covenant
they may request and the City of Encinitas shall execute a Satisfaction of Covenant in a form
satisfactory for recordation with the San Diego County Recorder.
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F. By action of the City Council the City ofEncinitas may assign to a person or
persons impacted by the performance of this Covenant the right to enforce this Covenant
against said Michael and Mary Conway.
G. Said Michael and Mary Conway agree to hold the City of Encinitas and its officers,
officials, employees and agents harmless from, and against any and all liabilities, claims,
demands, causes of action, losses, damages and costs, including all costs of defense thereof,
arising out of, or in any manner connected directly with, any acts or omissions of said
Conways or their agents, employees, subcontractors, officials, officers or representatives.
Upon demand said Conways shall, at their own expense, defend the City of Encinitas and its
officers, officials, employees and agents from and against any and all such liabilities, claims,
demands, causes of action, losses, damages and costs. Said Conways' obligation herein does
not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise
out of any intentional wrongful acts, violations of law or negligence by the City of Encinitas.
H. Any notices to be given under this Covenant, or otherwise in connection herewith,
shall be served by certified mail. For purposes hereof, unless otherwise provided in writing
by the party to be notified, the proper person from the City of Encinitas to receive any such
notice on its behalf, and the proper address, is:
City of Encinitas
ATTN: City Engineer
505 South Vulcan Avenue
Encinitas, CA 92024
and the proper address for said Michael and Mary Conway is:
Michael and Mary Conway
P.O. Box 230714
Encinitas, CA 92023
1. Neither Michael Conway nor Mary Conway nor any of their agents or contractors
are or shall be considered to be agents of the City of Encinitas in connection with the
performance of said Conways' duties and obligations under this Covenant.
Sale or other disposition of either of the above-referenced properties will not relieve
the Conways from their duties and obligations set forth herein.
Said Conways shall provide the subject improvements as an independent contractor
and in pursuit of their independent calling and not as an employee of the City of Encinitas.
Said Conways shall not be under control of said City except as to the result to be
accomplished. Said Conways may confer with said City as required to perform this
Covenant.
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No verbal agreement or conversation with any officer, official, agent or employee of
the City of Encinitas, either before, during or after the execution of this Covenant, shall affect
or modify any of the terms or obligations contained herein.
Dated: ')'-~ I-Of
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Michael Conway
Dated: f.,.z/~O 7
(Notarization attached)
Approved as to form
Dated: ~/.2Ift, ;Z
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(Notarization not required)
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ALL-PURPOSE ACKNOWLEDGMENT
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State of Califopa .
County of ~~ SS. t
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personally appeared I/..L llhW~ rl'J~..L.~Un7 t
SIGNER(S)
D personally known to me - OR- ~ proved to me on the basis of satIsfactory i
evidence to be the person(s) whose name(s) .
i~subscribed to the within instrument and t
acknowledged to me that he/sh~ executed .
the same in his/her~ authorized t
capacity(ies), and that by his/her~ .
signature(s) on the instrument the person(s), t
or the entity upon behalf of which the t
person(s) acted, executed the instrument. ·
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2i.. '. NOTARY PUBLlC.CALlFORNIA$
~ = . . COMM. NO. 1628401 ~
" SAN DIEGO COUNTY
MY COMM. EXP. JAN. 7,2010
WITNESS my hand and official seal.
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
~gmen to an unauthorized document.
CAP ITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL /J --/-. A - . /JrMidfJ
o CORPORATE OFFICER U ~ I /~
()VeM TITLE~~YPE OF rJbcu ENT
TITLE(S)
o PARTNER(S)
D ATTORNEY-IN-FACT
D TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
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OTHER
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RIGHT THUMBPRINT
OF
SIGNER
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SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
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AP A 5/97
VALLEY-SIERRA, 800-3?2-3369
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego }
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On I lti/;2 0 ;1 () 01, before me, Randa G. Milljour, Notary Public, personally
appeare Peter Cota-Robles, personally known to me 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.
WITNESS my hand and official seal.
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: Randa G. M jour
J. · .. RANO~" G: M.W0u~;
I. Comllllsllon ., 7011141<
t Not., PutlIc . CIlIfomIa
San DIego County
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Place Notary Seal Above
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: OPTIONAL
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: Though the information below is not required by law, it may prove valuable to persons relying on the docu-
: ment and could prevent fraudulent removal and reattachment of this form to another document.
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Description 9f Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer
Signer's Name:
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer - Title( s)
o Partner-o Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
oOther:
Top of thumb here
Signer is Representing:
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