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2013-507617 D 0 C ## 201 3-050761 7 11111111111111111111111111111111111111111111111111111 II II IN AUG 13, 2013 3:51 PM RECORDING REQUESTED BY AND, ) OFFICIAL RECORDS WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 49.00 CITY CLERK j PAGES: 12 CITY OF ENCINITAS ) 1 505 SOUTH VULCAN AVENUE ) I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII ENCINITAS, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT COVENANT FOR HOA MAINTAINED IMPROVEMENTS A.P.N.: 254-400-14'& 254-400-19 Project No.: 11-189 TM Plan No.: 11528-G/I/FM An encroachment permit is hereby granted to the Permittee designated in paragraph one, Exhibit "A", as the owner of the Benefited property described in paragraph two, Exhibit "A," to encroach upon City Property described in paragraph three, Exhibit "A", as detailed in the diagram, Exhibit "B". Exhibit "A" and "B" are hereby incorporated herein by this reference as though fully set forth at length. In consideration of the issuance of this encroachment permit, Permittee hereby covenants and agrees, for the benefit of the City, as follows: 1. This covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees, and assigns of the respective parties. 2. Permittee shall use and occupy the City Property only in the manner and for the purpose described in paragraph four, Exhibit "A". 3. By accepting the benefits herein, Permittee acknowledges title to the City Property to be in the City and waives all right to contest that title. 4. The term of the encroachment permit is indefinite and may be revoked by the City and abandoned by Permittee at any time. The city shall mail written notice of revocation to Permittee, addressed to the Benefited Property which shall set forth the date upon which the benefits of encroachment permit are to cease. 5. City is entitled to remove all or a portion of the improvements constructed by Permittee in order to repair, replace, or install public improvements. City shall have no obligation to pay for or restore Permittee's improvements. 6. Permittee agrees to hold harmless, defend and indemnify from and against all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out of or related to the use, construction, encroachment or maintenance to be done by the Permittee or Permittee's agents, employees or contractors on City Property. 7. Upon abandonment, revocation, completion, or termination, Permittee shall, at no cost to the city, return City Property to its pre-permit condition within the time specified in the notice of revocation or prior to the date of abandonment. 8. If Permittee fails to restore the City Property, the City shall have the right to enter upon the City Property, after notice to the Permittee, delivered at the Benefited Property, and restore the City Property to its pre-permit condition to include the removal and destruction of any improvements and Permittee agrees to reimburse the city for the costs incurred. Notice may be given by first class mail sent to the last known address of the Permittee, which shall be deemed effective three calendar days after mailing, or by any other reasonable method likely to give actual notice. 9. If either party is required to incur costs to enforce the provisions of this covenant, the prevailing party shall be entitled to full reimbursement for all costs, including reasonable attorney's fees. 10. Permittee shall agree that Permittee's duties and obligations under this covenant are a lien upon the Benefited Property. Upon 30-day notice, and an opportunity to respond, the City may add to the tax bill of the Benefited Property any past due financial obligation owing to city by way of this covenant. 11. Permittee waives the right to assert any claim or action against the City arising out of or resulting from the revocation of this permit or the removal of any improvements or any other action by the City, its officers, agents, or employees taken in a manner in accordance with the terms of the permit. 12. Permittee recognizes and understands that the permit may create a possessory interest subject to property taxation and that the permittee may be subject to the payment of property taxes levied on such interest. 13. As a condition precedent to Permittee's right to go upon the City Property, the agreement must first be signed by the Permittee, notarized, executed by the City and recorded with the County Recorder of the County of San Diego. The recording fee shall be paid by Permittee. 14. Approved and issued by the City of Encinitas, California, this day of qll'-Od 20 13 . �}c PERMITTEE AGREES AND ACCEPTS: *LENNAR HOMES OF CALIFORNI INC., A CALIFORNIA CORPORATION By: Name: a Title: V t i d Date: (Notarization of PERMITTEE signature is attached) APPROVED BY CITY OF ENCINITAS: GI4n-­nPruirqU Date Director of Engineering and Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 State of California`s County of On &/J before me, Date Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) IF I ' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sare subscribed to the within instrument and acknowledged t me that i he/they executed the same in RANDA GAIL MILLJOUR his er/their authorized capacity(ies), and that by • Commission#1916144 < is er/their signature(s) on the instrument the T • �° Notary Public - Californian person(s), or the entity upon behalf of which the > San Diego County person(s) acted, executed the instrument. My Commission Exp. Jan. 6, 2015 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. Signature: Place Notary Seal Above OPTIONAL S) nature of Notary Public 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: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner — '❑Limited ❑General Top of thumb here El Partner — 01 Limited El General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator iF ) ❑ Other: El Other: ) 1, Signer Is Representing: Signer Is Representing: I ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT State of California County of Orange ) On August 6, 2013 before me, Kelly J. Willis, a Notary Public, (insert name and title of the officer) personally appeared John Baayoun who proved to me on the basis of satisfactory evidence to be the person( whose name( is/alb subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/I%rftReir authorized capacity(l", and that by his/hbc1thb0 signature(slon the instrument the person(s�or the entity upon behalf of which the person(Q 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. KELLY J.WILLIS WITNESS my hand and official seal. Commission* 1986732 Notary Public-California Orange County My Comm.Expires Jul 30,2016 Signature (Seal) EXHIBIT "A" COVENANT REGARDING ENCROACHMENT PERMIT NO. PARAGRAPH ONE: PERMITEE LENNAR HOMES OF CALIFORNIA, INC. PARGRAPH TWO: BENEFITED PROPERTY PARCEL A: (APN: 254-400-19-00) THAT PORTION OF LOT 1 IN BLOCK"G" OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP HEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924, LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 1, DISTANT THEREON 413 FEET WESTERLY FROM THE SOUTHEASTERLY CORNER OF SAID LOT 1;THENCE NORTH 0° 04, 50" EAST IN A STRAIGHT LINE TO A POINT IN THE NORTHERLY LINE OF SAID LOT 1. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED APRIL 20, 1962 AS INSTRUMENT NO. 67749 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF THE PORTION OF LOT 1 IN BLOCK"G" OF SOUTH COAST PARK ANNEX, ACCORDING TO MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924 AS CONVEYED TO PHILLIP L. B. SCOTT, ET UX, BY DEED RECORDED JUNE 30, 1959 IN BOOK 7744, PAGE 20 OF OFFICIAL RECORDS, FILED IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND AS CONVEYED TO EUGENE C. CORNETT, ET, UX, BY DEED RECORDED IN OCTOBER 27, 1955 IN BOOK 5847, PAGE 43 OF SAID OFFICIAL RECORDS;THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1 SOUTH 89' 00' 31" EAST 147.41 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 68° 07'00"WEST, 80.00 FEET;THENCE NORTH 13°39'00"WEST,291.71 FEET TO THE EASTERLY LINE OF SAID PARCEL OF LAND AS CONVEYED TO SAID CORNETT;THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH 0°47'43"WEST, 310.77 FEET TO THE POINT OF BEGINNING. ALSO THE UNDERLYING FEE INTEREST APPURTENANT TO THE ABOVE DESCRIBED PARCEL IN THE ADJOINING PUBLIC WAY. PARCEL B: (APN:254-400-14-00) LOT 5, BLOCK G OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, MARCH 29, 1924. PARAGRAPH THREE: CITY PROPERTY THAT PORTION OF THE WESTERLY 10 FEET OF URANIA AVENUE LAYING ADJACENT AND EASTERLY TO THE PROPERTIES AS DESCRIBED IN PARAGRAPH TWO AND THAT PORTION OF THE NORTHLY 12 FEET OF NORMANDY ROAD LAYING ADJACENT AND SOUTHERLY TO THE PROPERTY AS DESCRIBED IN PARAGRAPH TWO AND THAT PORTION OF THE EASTERLY 10 FEET OF PIRAEUS STREET LAYING ADJACENT AND WESTERLY TO THE PROPERTY AS DESCRIBED IN PARAGRAPH TWO AND AS SHOWN IN EXHIBIT"B". PARAGRAPH FOUR: PURPOSE ENCROACHMENT FOR THE MAINTENANCE OF THE DG MEANDERING SIDEWALK AND BIOSWALE ALONG THE SITE'S FRONTAGE ON PIRAEUS STREET. ENCROACHMENT FOR THE MAINTENANCE OF PERVIOUS PAVERS AND DG SIDEWALK ALONG THE SITE'S FRONTAGE ON NORMANDY ROAD. 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