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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. 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