2011-126074uiiuiniiiuuiiminninniiiNixNiNUUiuiiiuiuuiuuuu
Recording Requested By And MAR 08, 2011 3:51 PM
When Recorded Mail To: )
OFFICIAL RECORDS
t ) SAN DIEGO COUNTY RECORDER'S OFFICE
l~ Ernest J. Dronenburg, Jr.. COUNTY RECORDER
FEES: 25.00
PAGES: 4
City Clerk
City of Encinitas 1111111111 IN 1111
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
COVENANT REGARDING REAL PROPERTY:
VEHICULAR AND PEDESTRIAN ACCESS EASEMENT
~`V 1
1 `DAssessor's Parcel ✓ Case No. 10-109 DR/CDP & 11-014 SUBC
5 No.: 259-121-34 & -35
A. PK III Encinitas Marketplace LP, a Delaware limited partnership ("OWNER"
hereinafter) is the owner of real property which is commonly known as 110-194 N. El Camino Real
("PROPERTY" hereinafter) and which is described as follows:
ALL THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 4274, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 28, 1975 AS FILE
NO. 75-335576, OFFICIAL RECORDS, LYING SOUTHERLY OF THE
SOUTHERLY LINE OF THAT CERTAIN LAND DESCRIBED IN DEED TO THE
COUNTY OF SAN DIEGO, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, JULY 16, 1979 AS FILE NO. 79-
293577, OFFICIAL RECORDS WHICH IS DESIGNATED IN SAID DEED AS
"EASEMENT FOR THE COUNTY HIGHWAY-MALENA DRIVE"
B. In consideration of the approvals of Case No. 10-109 DR/ CDP and 11-014 SUBC
by the City of Encinitas ("CITY" hereinafter), OWNER agrees to the following:
An access easement is hereby granted over and from the PROPERTY (Assessor
Parcel Nos. 259-121-34 & 259-121-35) to the adjoining property to the south
(Assessor Parcel No. 259-121-30, "NEIGHBORING PROPERTY" hereinafter). Said
easement is to allow vehicular and pedestrian access over and from the
NEIGHBORHING PROPERTY to the PROPERTY consistent with the approval of
Case No. 10-109 DR/CDP and 11-014 SUBC. This easement shall be effective upon
PBD/RS/T:\Covenant\10-109reciprocalaccess.doc - 1 -
the later to occur of the following: (i) final inspection of the completed driveway and
pedestrian ramp to the satisfaction of the City of Encinitas as required by condition
SCA of Resolution No. 2010-23, and (ii) receipt by OWNER of payment from the
owner of the NEIGHBORING PROPERTY of fifty percent (50%) of the total costs
incurred in connection with the design, construction and completion of the driveway
and pedestrian ramp in accordance with the terms of the "Covenant Regarding Real
Property: Reciprocal Access Easement," recorded October 3, 2008 in the Office of
the San Diego County Recorder as Document No. 2008-0522116.
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 agrees that OWNER'S 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 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 OWNER'S satisfaction of OWNER'S 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 OWNER.
PBD/RS/T:\Covenant\1 0- 1 09reciprocalaccess.doc -2-
ACCEPTED AND AGREED:
OWNER:
Dated PK III ENCINTTAS MARKETPLACE LP, a Delaware
limited partnership
By: PK III Encinitas GP LLC, its General Partner
By: PK III Holdco LLC, its Member
By: PRK Holdings III LLC, its Managing Member
By: Kimco PK, LLC, its Managing Member
By: Kimco PK Inc., its Managing Member
By: ✓'S 1
Name: 7r0 ftA1 I Sc orJS 1
Title: 11 kcr' ~YLES ( T~_
(Notarization of OWNER'S signature is attached.)
CITY OF ENCINPTAS:
/(mil • Z ° r' ~
Dated by___ l~t.C V~
Tom Curriden, City Planner
(Notarization not required)
PBD/RS/TACovenant\10-109reciprocalaccess.doc -3-
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of qW 016
Ony*gft before me, JC,lf 1 19- A00J /VD tQGIC
(here insert name and title of the offic r)
personally appeared
" a H - /4844✓S_-/
who proved to me on the basis of satisfactory evidence to be the person( whose name i are subscribed to
the within instrument and acknowledged to me that(gshe/they executed the same i his er/their authorized
capacity(Sj, and that by(h~ij/her/their signaturef on the instrument the person(, or t entity upon behalf of
which the person4e~ aete(,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.
WITNESS my hand and official seal. _ JUDITH R. BRIGGS
COMM. # 1814722 Z
K_ NOTARY PUBLIC - CALIFORNIA9
SAN DIEGO COUNTY
otary Public My Comm. Expires O, -I. k
Signal
2'2 12
46/19 04"
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Tide or description of attached do&mcn6
(Title or description of attached document continued)
Number of Pages 3 Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
C Individual (s)
Corporate Officer
(Title)
❑ Partner(s)
Attorney-in-Fact
Trustee(s)
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Ani acknowleoI,,mcnt completed m Cali/ornia roust coruaia rerbic{L~e ecacth as
appears above in the notori section or a separate w knoivledgnient form nvust be
propcrlr (oriiphcted and attached to That document. The only e.viception is tf a
doctnnent is to he recorded outside of California. III such instances, am' alternative
,I(knon ledgment verbiage as mat be printed on such a document so long is the
verbiage does not require the notan to do something that is illegal for a notary in
California (i.e. certifiing the outhori_ed capacity of the signer). Please check the
document carefulh car proper Fiotarial hording and attach this form if required,
• State and County information must be the State and County inhere the document
signer(s) personally appeared before the notary public for acknoxsledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknou'lcdgmcnt is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) vyho personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
tte'shCdtey- is aFe ) or circling the correct forms. Failure to correctly indicate this
information may (cad to rejection ofdocument recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits. othem isc complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowlodgment is not misused or attached to a difterent document.
Indicate title or type of attached document. number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer. indicate the title (i.e. CEO. CFO. Sccretar_v).
• Securely attach this document to the si&ncd document
CAPA x12.10.07 800-873-9865 www.NotaryClasscs.com - -