Loading...
2008-584441 • Recording Requested By And) VIII IIII III II II II IIII IIII IIII VIII VIII 11111111111111 III When Recorded Mail To: ) NOV 10, 2008 11:30 AM OFFICIAL RECORDS SAN DIEGO COUNT'r' RECORDER'; OFFICE GREGOMA. SMITH COUNTY RECORDER FEES_ 18.00 City Clerk ) PAGES: City of Encinitas ) 505 S. Vulcan Avenue ) IIIIIIINIIIUIIIIIIIIfill UIIIIIIIINIIIUIII1IIINIIIUIII1IIIIIIIINIII11 Encinitas, CA 92024 ) 3167 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: RECIPROCAL ACCESS AGREEMENT Assessor's Parcel Case Nos.: 05-121 DR/CDP, 07-088 SUBC No.: 259-121-18 ~1" 1 A A. Weingarten Realty Investors ("OWNERS" hereinafter) are the owners of real property which is commonly known as 200-252 North El Camino Real ("PROPERTY" hereinafter) and which r is described as follows: ALL OF PARCELS 3 OF PARCEL MAP NO. 4274, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 28, 1975AS FILE NO. 75-335576 OF OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 4274, LYING NORTHERLY OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN WITH THE WESTERLY LINE OF EL CAMINO REAL R.S. 1800-1; THENCE NORTH 89 DEGREES 12'42" WEST ALONG SAID NORTH LINE 647.54 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 12'33" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21.48 FEET TO A POINT ON A LINE PARALLEL WITH THE CENTER LINE OF SAID EL CAMINO REAL, R.S. 1800-1; THENCE SOUTH 16 DEGREES 15'49" EAST ALONG SAID PARALLEL LINE 2154.82 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE, DESCRIBED AS FOLLOWS: THENCE NORTH 76 DEGREES 27 24" EAST 100.00 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 57.48 FEET THROUGH A CENTRAL ANGLE OF 12 DEGREES 11'48"; THENCE TANGENT TO SAID CURVE, NORTH 88 DEGREES 39'12" EAST 348.73 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 78.98 FEET THROUGH A CENTRAL ANGLE OF 13 DEGREES 42'49"; THENCE TANGENT TO SAID CURVE NORTH 74 DEGREES 5623" EAST 46.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, RADIUS OF 20.00 FEET; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE 31.94 FEET THROUGH A CENTER ANGLE OF 91 DEGREES 29141 " TO A POINT OF COMPOUND PBD/TGM/g:\C venant\05-121reciproc laccess.doc - 1 - . p 3168 CURVATURE WITH SAID CURVE OF THE WESTERLY LINE OF SAID EL CAMINO REAL, HAVING A RADIUS OF 1937.00 FEET; DISTANT THEREON ALONG THE ARC 91.21 FEET THROUGH A CENTRAL ANGLE OF 2 DEGREES 31'53" FROM THE NORTHERLY TERMINUS OF SAID CURVE, A RADICAL BEARING TO SAID POINT OF COMPOUND CURVATURE BEARS NORTH 76 DEGREES 26'04" EAST. B. In consideration of the approvals of Case Nos. 05-121 DR/CDP and 07-088 SUBC 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. 259-121-18) to the adjoining property to the north (Assessor Parcel No. 259-121-21). Said easement is to allow for the future construction of a vehicular/pedestrian access driveway between both centers in a location feasible for both parties to implement Planning Commission Resolution No. PC 2006-49 (Specific Condition of Approval "SCD") to the satisfaction of the Planning and Building Director and City Engineer. The OWNERS of the El Camino Promenade (Assessor Parcel No. 259-121-18) 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 Camino Village Plaza (Assessor Parcel No. 259-121-21) obtains approval of a development permit with the City of Encinitas. An easement granting rights of reciprocal access to the Camino Village Plaza shall be executed and recorded prior to final approval of the reciprocal access driveway. 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. OWNERS 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 OWNERS to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. PBD/TGM/g:\Covenant\05-121reciprocalaccess.doc - 2 - 3169 G. Upon OWNERS' satisfaction of OWNERS' duties and obligations contained herein, OWNERS 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: OWNERS: Dated by Robert Kriz for Weingarten Realty Investors (Notarization of OWNERS' signature is attached.) CITY OF ENCINITAS: Dated by Tom Curriden, City Planner (Notarization not required) PBD/TGM/g:\Covenant\05-121reciprocalaccess.doc -3- 1 • 3170 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of 5 t.q J} OnOCfDg€+~-'I, 'S beforeme, kA17eA1JL -CWS;f~_ yoBL Vet PuP~uG Date Here Insert Name antl Ttt a of the Officer personally appeared b:jw i- KY . Z Name,{ef of Signer(sy who proved to me on the basis of satisfactory evidence to be the person(,) whose name( is/" subscribed to the within instrument and acknowledged to me that he/sheAhl executed the same in his/hedfbeit authorized 0THEI'tMrEHaENOEI capacity(igd), and that by his/tis&4he4 signature() on the ComnNoon0 t instrument the person or the entity upon behalf of ~ -C coomft which the person() acted, executed the instrument. L M 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4t4~_ k Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: CrCi~'ftiaU,wF ~f~(Ir',/.1N~p+ L?fd( ~y't.fiYD~6[+~('!';./1 PG'"~ Document Date: A+O 0 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0k K Y 1 ' Signer's Name: A~ ndividual ❑ Individual Corporate Officer - Title(s): ❑ Corporate Officer -Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General _ ❑ Attorney in Fact • ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: e, et G Signer Is Representing: 02007 National Notary A ocation•9360 De Soto Ave., PO Bar 2402•Chatbworih.CA 9131&2402,w ,NationalNotarycrg Itemk5907 Reorder.CallToll-Free1-800-876-6827