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 -
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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