Loading...
2013-575127 DOC # 2010-0575127 S• 1 IIIIIII I 111 11111 11111 11111 11111 1111111111 11111 11111 11111 11111 IN IN Recording Requested By: ) SEP 19, 2113 8:00 AM OFFICIAL RECORDS 3 8�3 S ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. DronenbWg,Jr.,COUNTY RECORDER FEES: 0.00 WAYS: 2 When Recorded Mail to: 2tr) ) OC: NA City Clerk PAGES: 18 City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 ) 7�S140) SPACE ABOVE FOR RECORDER'S USE *Exempt from fee pursuant to Government Code Section 6103 GRANT OF PUBLIC DRAINAGE, AND PRIVATE ACCESS AND UTILITY EASEMENTS Assessor's Parcel No: 258-112-24 Case #: 12-162 DOCUMENTARY TRANSFER TAX$ 0 - IN-N-OUT BURGERS, a California corporation, hereinafter called "IN-N-OUT", is the owner of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, and does hereby grant and convey for valuable consideration to the CITY OF ENCINITAS, a Municipal Corporation, hereinafter called the "CITY", a Public Drainage Easement, subject to the terms and conditions set forth in EXHIBIT "C" which is attached and made a part hereof, under the real property described as follows: SEE EXHIBITS "B" and "B-1" ATTACHED HERETO AND MADE A PART HEREOF (the "Drainage Easement Area"). The CITY, is the owner of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "D" ATTACHED HERETO AND MADE A PART HEREOF, and does hereby grant and convey for valuable consideration to IN-N-OUT, a perpetual private: (i) access easement for pedestrians and vehicles for the benefit of IN-N-OUT, its successors, assigns, employees, agents, contractors, customers and licensees ("Access Easement"), and (ii) easement and right of way for utilities and related facilities ("Utility Easement"); all subject to the terms and conditions set forth in EXHIBIT "F" which is attached and made a part hereof, in, upon, over, under and across, as applicable, the Access Easement Area and Utility Easement Area described as follows: INOB\49648\908638.5 1 SEE EXHIBITS "E"and "E-1"ATTACHED HERETO AND MADE A PART HEREOF (respectively, the"Access Easement Area"and "Utility Easement Area"). 8'f This GRANT OF DRAINAGE, ACCESS AND UTILITY EASEMENTS agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument and shall only become effective as of the date it is recorded in the Official Records of San Diego County, California. IN-N-OUT: IN-N-OUT BURGERS, a Californi ration By: ari G. Van Fleet, Executive Vice President of Planning and Development CITY: THE CITY OF ENCINITAS, a municipal corporation By: Name: Its: Signatures to be notarized. Attach the appropriate acknowledgments. CITY: 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. Peter Cota-Robles Date Director of Engineering Services City of Encinitas INOB\49648\908638.5 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 384,5 County of �-oS .Q.�BPS On��gr�tGV� W 11, 2D13 before me, Lore T)M-LLii 11. t�lo�dYta Lldi Date d p Here Insert Name a itle of the Officer personally appeared C Y1 V(�Xl �� P Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to to* INULL be the personV whose name(1a'S Waft subscribed to the 6 within instrument and acknowledged to me that 11111111111101111I Noft.Comm" he/sheAlie"xecuted the same in his/he Mieii-euthorized Los Aw ft coo* capacity4ol ), and that by his/her/their signatureK on the f instrument the person(�a'f, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. Signature Place Notary Seal Above Signaftfre of a blic 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 r Title or Type of Document: IY()1nt r)-f^ roAn a ne–, AW-an-6Z Document Date:_) .Q YI�� �t .LV�3 J Number of Pages- Signer(s) Other Than Named Above: K lA Capacity(ies) Claimed (�by`Srigner(ss) Signer's Name: &O O Gl. VQYI Vied Signer's Name: ❑ Individual EVP C+ POAV1t El Individual X Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General El Partner—El Limited El General _ El Attorney in Fact • ' L1 Attorney in Fact ❑ Trustee ❑Trustee • Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Sw w ou-4 P�uurAPXS ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NabonalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 3846 NOTARY SEAL CERTIFICATION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: LZ r l ra ?�Z l 1 Commission Number: � 3 S Date Commission Expires: County Where Bond is Filed: L / , ` t elk Manufacturer or Vendor Number: A v1 v Iq I (Located on both sides of the notary seal border) Signature: Firm Name (if applicable) //1? 2 Place of Execution: San Diego Date: Rec.Form XR10.1(Rev.6111103) 3847 SEE EXHIBITS "E" and "E-1" ATTACHED HERETO AND MADE A PART HEREOF (respectively, the "Access Easement Area" and "Utility Easement Area"). This GRANT OF DRAINAGE, ACCESS AND UTILITY EASEMENTS agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument and shall only become effective as of the date it is recorded in the Official Records of San Diego County, California. IN-N-OUT: IN-N-OUT BURGERS, a California corporation By: Carl G. Van Fleet, Executive Vice President of Planning and Development CITY: THE CITY OF ENCINITAS a municipal co atio By,7 Name: G�Eirw 1°? Its: �.r�.�csyy�L g ,0,,3, it �,.�yf✓ Signatures to be notarized. Attach the appropriate acknowledgments. CITY: 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 Ira cons e recordation thereof by its duly authorized officer. Glenn Pruim Date Director of Engineering/Public Works City of Encinitas INOB\49648\908638.5 2 3848 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 F State of California r County of� � On //, Zl�l3 before me, �CJS�NOR Ce-i /C, �!/�C A-a-Z) A)�Y If Date' Here Insert Name and Title of the Officer personally appeared e11-CNw zoyo* Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/ re subscribed to th within instrument and acknowledged RANDA GAIL MILLJOUR to me that he he/they executed the same in Commission#1916144 < is her/their authorized capacity(ies), and that by Notary Public - cawornia N �' San Diego County A Is her/their signature(s) on the instrument the My Commission Exp. Jan. 6, 2015 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. WITNESS my hand and official seal. Signature: ' Place Notary Seal Above OPTIONAL S' ature 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: I Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner — L-1 Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustees ❑ Guardian or Conservator ❑Guardian or Conservator El Other: ❑Other: I I Signer Is Representing: Signer Is Representing: li I 4 I L�c�z<vw �ccwvu�cwa�� u eac cn�sfs �c �csce�ew�use csE+aca�es�toc �* Item/!6907 (�-•2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) 3849 EXHIBIT "A" LEGAL DESCRIPTION OF IN-N-OUT PROPERTY The land situated in the City of Encinitas, County of San Diego, State of California, and described as follows: Lot 3 of Encinitas Plaza/Wesley Homes Unit No. 1, in the County of San Diego, State of California, according to the Map thereof No. 8116, filed in the Office of the County Recorder of San Diego County on May 28, 1975. INOB\99698\908638.5 3 EXHIBIT "B" 3850 LEGAL DESCRIPTION OF PUBLIC DRAINAGE EASEMENT PUBLIC DRAINAGE EASEMENT"A"GRANTED FROM IN-N-OUT BURGERS,A CALIFORNIA CORPORATION,TO THE CITY OF ENCINITAS AN EASEMENT 20.00 FEET WIDE OVER THAT PORTION OF LOT 3 OF ENCINITAS PLAZA/WESLEY HOMES UNIT NO.1 IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO.8116 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 28,1975,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3,SAID POINT ALSO BEING THE SOUTHWEST CORNER OF CALLE MAGDALENA 60.00 FEET WIDE AS SHOWN ON SAID MAP NO.8116; THENCE SOUTH 02°02'51"WEST ALONG THE SOUTH PROLONGATION OF THE EAST LINE OF SAID LOT 3 AND THE WEST LINE OF SAID CALLE MAGDALENA 7.00 FEET TO THE POINT ON A LINE PARALLEL WITH AND 7.00 FEET SOUTH OF THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89"12'37"WEST ALONG SAID PARALLEL LINE 105.70 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 200.00 FEET; THENCE NORTHWESTERLY 136.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39"10'00"; THENCE NORTH 50"02'37"WEST 130.54 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3. THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON THE EASTERLY,SOUTHERLY,AND WESTERLY LINES OF SAID LOT 3. THE AREA OF THE ABOVE DESCRIBED LEGAL DESCRIPTION CONSISTS OF APPROXIMATELY 4,717 SQUARE FEET. END OF DESCRIPTION EXHIBIT"B" IS A PLAT TO ACCOMPANY THIS LEGAL DESCRIPTION AND IS ATTACHED AND MADE A PART HEREOF ON PAGE 1 OF 3. THIS LEGAL DESCRIPTION WAS PREPARED BY OR UNDER THE DIRECT SUPERVISION OF THE FOLLOWING STATE OF CALIFORNIA PROFESSIONAL LAND SURVEYOR. 09.04-2013 MARK S.LAMOUR U P.L.S.5794 lwo 319; ' REGISTRATION EXPIRES 06-30-2014 * Exp.06/30/z01a # MSL 1N 12008E tp •,� cAt��° INOB\49648\908638.5 4 38,51 EXHIBIT "13-19$ PLAT OF PUBLIC DRAINAGE EASEMENT 7-' r-ozr- Zo z ml I XO xm I -"m, 0 > a! c m 0 ;o co L4 z m -mo m z-0 -4 mw�>z 000 z I m 0 0 —9 0) _00 >m�A 0 u > :z 0 z fTi --i q(g -4 tr > FREEWAY SAN CA-EGO 5 c dons L5_ - 2 w 00'm"g' M Z 2 Z m c 0 71 (n .w M r_ 'n> N5'29'23 M Z CA> --'>o M r- z X 0 >Z 0 0 x-0 Oc:> I N p > I > > M'fm mo C0 omom m> c> oom U) q 'j c! _J m 0 OD ct r- o'rn (Ij °o I -.-I Mom >,z ol N) 0 0 > M r- 'p- >ox > =1> ZC-0 z -4 zl' M o m 0 q C� q Ct (A 0>0 0-n > 0 c > 0 > 0 mc 0 Fn k mo rr r, m m z ;u w po m z 0) 0 0 0 0 > (0 CO -J M (P W r 4p L4 A7 00 0-4 K> a 0 z z z z z Z z Z Z 311 Ln u m 0 z z OD z T o z > m 0 0 N� 0 > 0 > FZ� tz� t'� p! to N) �o f') L- W, 0,m;:. Z L4 Z> -'t r4 C) > r-4 m m Ir m I z coz,K) 0 1 1 > Ul z > O > 0 OD ('n W W DD p 9v t, O Go W O v Ln 0 m EA to -F, 0 0 m 0 Ln 0 >z m rQ N) -4 0 > t1i 4�- 0 zo 0 m r, 0�n> j a pz > rio, AN EASEMENT IN FAVOR OF THE COUNTY OF---•, rn AN DIEGO FOR ROAD PURPOSES AND RIGHTS tA �3' S 0 INCIDENTAL THERETO FOR A PORTION OF 0 U)z n 0 CALLS MAGDALENA AS SHOWN ON MAP No, >Zmc -Im 8116 RECORDED MAY 28, 1975 mm 0 z LIO c 5 -u ;u zm-m 0> 7 p L14 -0 L4 > N EA S I IN v ­­ OF I woom m m SIDEWALK AT THE o " o 0 z PROPERTY LINE 0 0i Mo I ;o R S57;53'25"'N ------------ 1 by O>P 00 m Q)o'v CALLS MAGDALENA R o wmrn rr r- 1 rllow ll'�R-201.00' 0 AA4. rm _q L4 INOB\49648\908638.5 5 EXHIBIT "C" 3852 Terms and Conditions for Grant of Public Drainage Easement The grant of public drainage easement made by IN-N-OUT, as Grantor in the easement document for the benefit of the CITY, as Grantee, is for valuable consideration and is subject to the following terms and conditions. The public drainage easement shall be for a perpetual, non-exclusive below-ground easement upon, through, under, and across the Drainage Easement Area for drainage and for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of public storm drain, appurtenant facilities, and all structures and facilities incidental thereto, and for the flowage of any waters in, over, upon, and through said easement. To have and to hold said easement unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described in the document granting the easement. The Grantor may use the surface of the Drainage Easement Area. Grantor hereby covenants and agrees for itself, its heirs, successors, and assigns, that there shall not be constructed or maintained upon the Drainage Easement Area any building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns; provided, however, that notwithstanding anything to the contrary, (i) Grantor shall be permitted to at all times construct and maintain the improvements depicted on the Grantee-approved grading plan attached hereto as Schedule 1 (the "Permitted Improvements"), and (ii) Grantee shall insure that the surface and subsurface support of all Permitted Improvements are not interfered with or adversely affected. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantor, their successors or assigns, from crossing over or using said Drainage Easement Area and agrees that the Grantor, their heirs, successors and assigns, may enjoy the continued use of the surface of said Drainage Easement Area, subject to the conditions above stated. The Grantee hereby covenants and agrees that after the installation, maintenance or repair of any pipe line in any excavation authorized herein or of any other improvements or facilities located within the Drainage Easement Area by it or any other activity of Grantee under this easement it will backfill any excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any soiled, asphalt or concrete surface with like material and will repair or replace any improvements damaged or disturbed thereby. Further, Grantee shall maintain all its improvements and facilities located within the Drainage Easement Area in good condition and repair and shall have the INOB\49648\908638.5 6 3363 right to enter upon the surface of the Drainage Easement Area as is reasonably necessary to perform such maintenance; provided that Grantee shall only perform such maintenance when Grantor's business is closed and shall assure that the access to Grantor's drive-through facilities and restaurant are not removed or interrupted during Grantor's business hours, except in each case as is reasonably necessary to perform emergency repairs (after the Encinitas City Manager has declared an emergency status for the existing drainage system within the Drainage Easement Area). This easement may be terminated in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. At time of acceptance of this offer, any and all trust deed(s) shall be subordinated to the dedication of drainage easement. If either Grantor or Grantee institutes any action, suit or other dispute resolution proceeding arising out of this easement against the other party, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this easement the right to enforce this easement against the Grantor. INOB\49648\908638.5 7 3854 SCHEDULE 1 TO EXHIBIT "C" PERMITTED IMPROVEMENTS The Permitted Improvements are generally depicted on City Drawing No. 11600-G consisting of Sheets 1 through 24 inclusive prepared for the new In-N-Out Burger restaurant development City Planning Case No. 12-162 MUP/DR/CDP by MSL Engineering, Inc. dated September 4, 2013. INOB\99698\908638.5 8 EXHIBIT "D" 3855 LEGAL DESCRIPTION OF CITY PROPERTY THAT PORTION OF CALLE MAGDALENA 60.00 FEET WIDE AS SHOWN ON ENCINITAS PLAZA/WESLEY HOMES UNIT NO. 1 IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO.8116 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 28, 1975 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID CALLE MAGDALENA,SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF LOT 3 AS SHOWN ON SAID MAP NO.81161* THENCE NORTH 0202'51"EAST ALONG THE WEST LINE OF SAID CALLE MAGDALENA AND THE EAST LINE OF SAID LOT 3 A DISTANCE OF 84.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 236.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 80°13'57"WEST; THENCE SOUTHEASTERLY 92.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°20'32"TO A POINT ON THE SOUTHERLY LINE OF SAID CALLE MAGDALENA,SAID POINT ALSO BEING ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89"12'37"WEST ALONG THE SOUTHERLY LINE OF SAID CALLE MAGDALENA AND THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 3 A DISTANCE Of 35.72 FEET TO THE POINT OF BEGINNING. THE AREA OF THE ABOVE DESCRIBED LEGAL DESCRIPTION CONSISTS OF APPROXIMATELY 1,244 SQUARE FEET. END OF DESCRIPTION EXHIBIT"B"IS A PLATTO ACCOMPANY THIS LEGAL DESCRIPTION AND IS ATTACHED AND MADE A PART HEREOF ON PAGE 1 OF 3. THIS LEGAL DESCRIPTION WAS PREPARED BY OR UNDER THE DIRECT SUPERVISION OF THE FOLLOWING STATE OF CALIFORNIA PROFESSIONAL LAND SURVEYOR. LOD G 09-04-2013 MARKS. LAMOUR U ,P.L.S. 5794 No.5794 REGISTRATION EXPIRES 06-30-2014 * Exp.06130J2014 MSL 1N 12008E 1p. ,4 CAS-1f©`'' INOB\49648\908638.5 g 3856 EXHIBIT "E" LEGAL DESCRIPTION OF ACCESS EASEMENT AREA AND UTILITY EASEMENT AREA THAT PORTION OF CALLE MAGDALENA 60.00 FEET WIDE AS SHOWN ON ENCINITAS PLAZA/WESLEY HOMES UNIT NO. 1 IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO.8116 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 28,1975 DESCRIBED AS FOLLOWS; BEGINNING ATTHE SOUTHWEST CORNER OF SAID CALLE MAGDALENA,SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF LOT 3 AS SHOWN ON SAID MAP NO.8116; THENCE NORTH 02"02'51"EAST ALONG THE WEST LINE OF SAID CALLE MAGDALENA AND THE EAST LINE OF SAID LOT 3 A DISTANCE OF 84.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 236.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 80'"13'57"WEST; THENCE SOUTHEASTERLY 92.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22"20'32"TO A POINT ON THE SOUTHERLY LINE OF SAID CALLE MAGDALENA,SAID POINT ALSO BEING ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89"12'37"WEST ALONG THE SOUTHERLY LIME OF SAID CALLE MAGDALENA AND THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 35.72 FEET TO THE POINT OF BEGINNING. THE AREA OF THE ABOVE DESCRIBED LEGAL DESCRIPTION CONSISTS OF APPROXIMATELY 1,244 SQUARE FEET. END OF DESCRIPTION EXHIBIT"B"IS A PLAT TO ACCOMPANY THIS LEGAL DESCRIPTION AND IS ATTACHED AND MADE A PART HEREOF ON PAGE 1 OF 3. THIS LEGAL DESCRIPTION WAS PREPARED BY OR UNDER THE DIRECT SUPERVISION OF THE FOLLOWING STATE OF CALIFORNIA PROFESSIONAL LAND SURVEYOR. �'� '�s f ' L �� 09-04-2013 v�`� `'��yiaG�' MARKS.LAMOUR U ,P.L.S.5794 REGISTRATION EXPIRES 06-30-2014 Exp.06J30J2014 MSL 1N 12008E ,t� �sa4 INOB\49648\908638.5 10 EXHIBIT "E-1" 385 7 PLAT OF ACCESS EASEMENT AREA AND UTILITY EASEMENT AREA [attached on following page] INOB\49648\908638.5 11 3858 z r- >L' :u r- H, _Qz c"L,):z P 0 8 21 3 Do R ?:,;Oo >m 2 'X'-9 -,Mzo ;o rq iz?2 --1 z I o' 01 0 a 00-0 o 0 o r>- _n ;>o:�Irl -2 C q p z -4 0 r. I .0, r) --f 0 �o m 'i p Ay 0 0 7 FREEW K m W L5 'z,,_u SAN DVEGO L5 ,"Iii 2 0 CT z a z w mw Q 62M Z;vr_ 0 Q 0 C':; WS 45 N5-29*23"W :1'-,c' :j> Orp rn z 2 Z S, 41 c� PQ z o-" �^ \�+�. N U p >i> mm 0 > c: 0 rn o cm x 00'r 4 r- 0 � v m 77 0 Lit c rn rz m rn z cl 'D 0 0 C> C v c: _n X >a:M r, 0 00 M M Z z u R M M rn o z = 0) n .1, C� > '0 00 >0 ;u z z z z z z z O Z 00 z ozo z z z z OR m U N) m U) Z o a 0 CJ d `q 0 T 9 2 - is -1 6 _: d M M C) 1�t rj Pj N�� > 0 t r__oll 101,r".1 Lh (p 0 6 L' tp m I z z m > L"D > z CD L4 co 0 -,1 z 0 > t'j z m o * "' J'- 0 pz> re 0) > ri 0. AN EASEMENT IN FAVOR OF THE COUNTY OF- m f3, SAN DIEGO FOR ROAD PURPOSES AND RIGHTS 0 INCIDENTAL THERETO FOR A PORTION OF C3 INCID CALLE MAGDALENA AS SHOIA14 ON MAP NO, mo -0 8116 RECORDED MAY 28. 1975 C5 z 0 �l 2 PD-0 K> Lt 41 a) Ll L14 OX 11 8 vi 74 > 71 :0 m - EXISTING BACK OF-, i to� m (nm 0 zi i p SIDEWALK AT THE z ca PROPERTY LINE ;u z7j M, I (/) 0;o �� RI 0 m0 o 0r m o O 0> L4 O>X rn W 0-D CALLE MAGDALENA c. ;a Gm r ow rq — lk,-R-201.00' 0 :9 0 I- dbr m INOB\49648\908638.5 12 EXHIBIT "F" 33,59 Terms and Conditions for Grant of Private Access Easement and Utility Easement The grant of the Access Easement and Utility Easement made by the City, as Grantor in the easement document for the benefit of IN-N-OUT, as Grantee, is for valuable consideration and is subject to the following terms and conditions. The Access Easement shall be a perpetual, private non-exclusive easement upon, over and across the Access Easement Area for access, egress and ingress for vehicles and pedestrians and for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a drive-thru lane, appurtenant facilities, and all structures and facilities incidental thereto over, upon, and through said easement consistent with improvements generally depicted on City Drawing No. 11600-G consisting of Sheets 1 through 24 inclusive prepared for the new In-N-Out Burger restaurant development City Planning Case No. 12-162 MUP/DR/CDP by MSL Engineering, Inc. dated September 4, 2013 ("Permitted Improvements"). The Utility Easement shall be a perpetual, private non-exclusive easement under and across the Utility Easement Area to erect, construct, install, change the size of, improve, reconstruct, relocate (within the Utility Easement Area), repair, maintain and use utility facilities consisting of, by way of example but not limitation, pipes, pipelines, conduit, cables, lines, conductors and other components and other facilities, equipment, and fixtures used in the transmission of electricity, potable water, storm water, sewage, gas, telephone and cable transmissions ("Utility Facilities"). The Utility Facilities shall be materially consistent with the Permitted Improvements and shall not adversely or materially affect the public utilities located within the Utility Easement Area. IN-N-OUT shall have and hold the Access Easement and Utility Easement unto itself and unto its successors and assigns forever and for the benefit of its employees, agents, contractors, customers and licensees, together with the right to convey said easement, or any portion of said easement, to any successors or assigns. The real property referred to herein and made subject to said Access Easement and Utility Easement by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described in the document granting the easement. Grantor and Grantee each respectively hereby covenant and agree for themselves, and their heirs, successors, and assigns, that there shall not be constructed or maintained upon or within the Access Easement Area or Utility Easement Area any building, utilities, or structure of any nature or kind that will interfere with the use of said Access Easement and Utility Easement by Grantee, its successors or assigns, or that will interfere with the ingress or egress along the Access Easement by said Grantee, its successors or assigns or that will interfere with the existing public utilities located within the Access Easement Area and/or Utility Easement Area. Grantor agrees and acknowledges that the proposed improvements shown on the City of Encinitas Drawing INOB\49648\908638.5 13 r ,850 No. 11600-G do not interfere with the existing public utilities located within the Access Easement Area and/or Utility Easement Area. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantor, their successors or assigns, from crossing over or using said Utility Easement Area and agrees that the Grantor, their heirs, successors and assigns, may enjoy the continued use of the surface of said Utility Easement Area, subject to the conditions above stated. The Grantee hereby covenants and agrees that after the installation, maintenance or repair of any pipe line in any excavation authorized herein or of any other improvements or facilities located within the Utility Easement Area by it or any other activity of Grantee under this easement it will backfill any excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any soiled, asphalt or concrete surface with like material and will repair or replace any improvements damaged or disturbed thereby. Further, Grantee shall maintain all its improvements and facilities located within the Access Easement Area and Utility Easement Area in good condition and repair and shall have the right to enter upon the surface of the Utility Easement Area as is reasonably necessary to perform such maintenance. If either Grantor or Grantee institutes any action, suit or other dispute resolution proceeding arising out of this easement against the other party, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this easement the right to enforce this easement against the Grantor. INOB\49648\908638.5 14