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2009-119296 D # 2009-01 1 9296 I II I II111111111111111111111111111111111111111111111111111111111111 IN Recording Requested By: ) MAR 10, 2009 3:32 PM OFFICIAL RECORDS i City Engineer ) SAN DIEGLi L:JUNT'( RECORDER'S OFFICE °~L ) DA' 1) L BUTLEFl COUNTY RECORDER - When Recorded Mail to: ) FEES. 0.00 PAGES: City Clerk ) City of Encinitas 505 South Vulcan Avenue ) Encinitas CA 92024 )SPACE ABOVE FOR RECORDER'S USE ONLY For the benefit of the City RIGHT OF ENTRY AGREEMENT This RIGHT OF ENTRY AGREEMENT (hereinafter referred to as "Agreement") is made and entered into by and between the City of Encinitas, a Municipality, and The Owens Family Trust of 12-13-95 (hereinafter referred to as "Owners"), ~I collectively referred to hereinafter as "Parties". Owners represent that they own the property commonly known as 1083 Crest Dr./1452 Santa Fe Dr.. APN 259-560-74, and improvements located on and/or under such real property (collectively referred to herein as "Property"). Owners hereby grant to City of Encinitas, its officers, employees, agents, contractors, consultants, and assigns (hereinafter referred to as "City") the right to enter upon the Property and any portion thereof at any time after this Agreement is entered into by the Parties, with twenty-four (24) hours' oral or written notice given by City to any of the Owners, for the purposes of conducting inspections and performing maintenance and/ or repair work to the existing storm water detention basin and appurtenances thereto (hereinafter referred to as "Facilities") as deemed reasonably necessary by City. Such maintenance and repair work shall include reasonable improvements and maintenance work to adequately maintain said Facilities in proper working order as determined by applicable City policies and requirements and shall include, but shall not be limited to, landscaping, irrigation, debris and sediment removal, and perpetually maintaining adequate ground cover and/or other erosion control measures within the private property in order to prevent sedimentation. City shall pay for all such inspections, maintenance, and repair work to the existing storm water detention basin and appurtenances thereto deemed necessary by the City for the proper functioning and maintenance of the Facilities. City shall repair all material damage to the Property caused by any such work or services as performed by City on the Property. Upon completion of the above-described work and/ or services, the property is to be left by City in a reasonably neat and clean condition. This Agreement shall remain in effect from the day this Agreement is entered into by the Parties until such time as the Agreement is terminated by the owner with a 15-day written advanced notice to the City Public Works Department. This Agreement may be modified only by written amendment executed by both Parties. Notices to or by a Party are not modifications to this Agreement. This Agreement constitutes the entire agreement between the City and Owners with respect to the subject matter of this Agreement and supersedes any previous or contemporaneous agreements concerning the subject matter hereof, negotiations, proposals, commitments, writings, or understandings of any nature whatsoever unless expressly included in this Agreement. It is the purpose of the Parties that this instrument be recorded to the end and intent that the obligation hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become bound by these presents without limitation. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors, and assignees of the Owner. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of thereby. the remaining provisions shall not be affected In witness thereof, the Parties have executed this Agreement: OWNERS: By: k 02,,~ Mark Owens, Trustee Owens Family Trust 12-13-95 Date: A l ~ 3 -09 CITY: By: ago,- Peter Cota-Robles, City Engineer Date: 2 s- U ~ This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. L l at-_ a CT DATE: Peter Cota-Robles Director of Engineering Services City of Encinitas ACKNOWLEDGMENT State of California County of EC L V\ V'~ t e Q 1~ ) On )(J c on cT_3 before me, p ©\n a ~a c' on V'le-- \ V (insert name and title of the officer) 1A Q-- personally appeared CLC- o `r\~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DEBORAH CERVONE WITNESS my hand and official seal. 3 NOTARY COMM. PUBLIC CAL FORNIA 0 w SAN DIEGO COtNITY MY COMM. EXPniES NOV. 29, 2009 Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of,, ~ On f .?5,U'7 before me, R#At19d A t C.) le,, A)07-WV 4" Date Here Insert Name and Title of the Officer personally appeared 7e C0 7S"d3k F--) Name(s) of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)&~re subscribed to the w hin instrument and acknowledged to me that the she/they executed the same irer/their authorized capacity(ies), and that by is{ier/their signature(s) on the instrument the person(s), or the entity upon behalf of IRANDA G. ULLJOUR which the person(s) acted, executed the instrument. 01 T0ft" sa~Oq eey I certify under PENALTY OF PERJURY under the laws Mfr EwP. hn. b. 2011 of the State of California that the foregoing paragraph is true and correct. WITNESS and and official seal. Signature Place Notary Seal Above Sig ure 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact • • " El Trustee Top of thumb here [I Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827