2008-522116
.andAmerica ccra:xtUdal <+.n tees 2008-05221 16
Recording Requested By And
I VIII I III VIII II II II II III IIII VIII VIII IIII IIII IIII IIII IIII
When Recorded Mail To: )
OCT 03. 2008 10:49 AM
2575 OFFICIAL RECORDS.
SAN DIEGO OI NT'' RE GIRDERS OFFICE
GREGOR, J..~MITH,000NTr'REi=ORDER
City Clerk ) FEES s no
City of Encinitas ) PAGES: 3
505 S. Vulcan Avenue ) IIIIIIIBill IIIIIBill IIIIIBill Bill Bill IIIIIBill Bill IIIIIBill pill IIIIIIII
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
COVENANT REGARDING REAL PROPERTY:
RECIPROCAL ACCESS AGREEMENT
Assessor's Parcel / Case No. 07-080 TPM/DR/V/Nf IP/CDP
No.: 259-121-30
A. Bank of America National Trust and Savings Association, A National Banking
r
Qi+
Association ("OWNER" hereinafter) is the owner of real property which is commonly known as 1340
C!'~ Encinitas Boulevard ("PROPERTY" hereinafter) and which is described as follows:
PARCEL 2 OF PARCEL MAP NO. 11149, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, BEING A PORTION OF SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNADINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
WHICH LIES NOTHERLY OF THE CENTER LINE OF 60 FOOT COUNTY ROAD AS SHOWN
ON COUNTY ROAD SURVEY NO. 458, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUNTY
B. In consideration of the approval of Case No. 07-080 TPM/DR/V/MUP/CDP by the
City of Encinitas ("CITY" hereinafter), OWNERS agree to the following:
An access agreement, with slope and drainage rights, is hereby granted over and from the
PROPERTY (Assessor Parcel No. 259-121-30) to the adjoining property to the north (Assessor
Parcel Nos. 259-121-34 & -35). Said easement is to allow for the future construction of a
vehicular/pedestrian access driveway at the location noted on the approved plans between both
centers to implement Planning Commission Resolution No. PC 2008-18 (Specific Condition of
Approval "SCI") to the satisfaction of the Planning and Building Director and City Engineer.
The OWNERS of the PROPERTY (Assessor Parcel No. 259-121-30) hereby agree to
contribute 50% of the total cost towards the design, construction, and completion of the
vehicular/pedestrian access driveway. The vehicular/pedestrian access driveway shall be
provided at the time the Encinitas Marketplace (Assessor Parcel Nos. 259-121-34 & -35)
obtains approval of a development permit with the City of Encinitas. An easement granting
rights of reciprocal access to the Encinitas Marketplace shall be executed and recorded prior to
final approval of the reciprocal access driveway.
PBD/KM/g:ACovenant\07-080reciprocalaccess.doc - 1 -
25?s
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
the respective parties.
D. OWNER agree that OWNERS' 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 OWNERS' satisfaction of OWNERS' 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 OWNERS.
ACCEPTED AND AGREED:
OWNER:
Dated by
2Z,
L24
Jay Taylor
Senior Vice President, Bank of America fJ~ C
(Notarization ofOWNERS' signatures is attached.)
CITY OF ENCINITAS: J
Dated C by /~o^
Tom Curriden, City Planner -
(Notarization not required)
PBD/KM/g:\Covenant\07-080reciprocalaccess.doc -2-
2577
STATE OF TEXAS )
ss.
COUNTY OF DALLAS )
On this W4day of September 2008 before me, Judy L. Wilkinson a
Notary Public in and for the State of Texas, personall^ppeared Jay Taylor, Senior Vice
President, Bank of America, N.A., a national banking association or
p 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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
K-c1,ol~>n
am:yc IUDYLWRKINSON~ OC a7 Cfif(t n/J[~-'
~,y wbk NOTRY P BLIC in and for the State of Texas,
ATE OF TEXAS My appointment expires May 15, 2012
pmm. Exp. W15-12 Print Name Judy L. Wilkinson