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2013-725154 D 0 C # 201 3-0725154 111111111111111111111111111111111111111111111111111111111 IN DEC 17, 2013 4:54 PM a� RECORDING REQUESTED BY AND, ) OFFICIAL RECORDS WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 0.00 WAYS: 2 > PAGES: 9 CITY CLERK ) CITY OF E NC I N ITAS 505 SOUTH VULCAN AVENUE ) ENCINITAS, CA 92024 ) ,A SPACE ABOVE FOR RECORDER'S USE ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT COVENANT LP 1� FOR HOMEOWNER MAINTAINED IMPROVEMENTS (PAPNs:260-282-25 Project No.: 12-127 TPM Plan No.: 11676-G/I/PM 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" and shall maintain said improvements in a safe and practical manner to ensure the continued functionality of improvements as originally intended to the satisfaction of the City. 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 ) Z , 203 PERMITTEE AGREES AND ACCEPTS: i0-1O -- i � y_Ref d Date for Boxfield, LLC. (Notarization of PERMITTEE signature is attached) APPROVED BY CITY OF ENCINITAS: /0 /Vkc., LA,-/ 12 / 17/ 13 1~d� Glenn Pruim Date Director of Engineering and Public Works City of Encinitas CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of SA N D 16-6 D On-OCT l0 0013 before me, JOS EP/-/ (2 YU NA s A t40TAie Y (here insert name and title of the officer) personally appeared -)A Y f-1 I TC N ELL IB C Fd (-D - 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. "~ JOSEPH C. YUHAS WITNESS my hand and official seal. commission 1963940.•: Notary Public-Californiamorni a i Z San Diego County N1 Comm.Ex fires Dec 16,2015 7 Signature of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) 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) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they,-is/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • 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 (Title) sufficient area permits,otherwise complete a different acknowledgment form. Partners • Signature of the notary public must match the signature on file with the office of 11 ( ) the county clerk. ❑ Attomey-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other 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,Secretary). • Securely attach this document to the signed document CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com EXHIBIT"A"TO COVENANT REGARDING ENCROACHMENT PERMIT NO. 11676-PE PERMITTEE: JAY REFOLD FOR BOXFIELD, LLC, 270 N. EL CAMINO REAL#295 ENCINITAS, CA 92024 BENEFITED PROPERTY: ALL OF LOT 6 AND THAT PORTION OF LOT 5, IN BLOCK 103 AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER, 31, 2012 AS DOCUMENT NO. 2012-827837 ALL IN CARDIFF VISTA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 1547 RECORDED MARCH 18, 1913 IN THE OFFICE OF COUNTY RECORDER OF SAID SAN DIEGO COUNTY. EXCEPTION THEREFROM PARCEL 2 OF PARCEL MAP 14290 RECORDED MAY 15, 1986 IN THE OFFICE OF THE SAID COUNTY RECORDER. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING EASTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 6 DISTANT THEREON S88 029'03"E (S89 003'30"E RECORD) 120.89 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 5; THENCE LEAVING SAID SOUTHERLY LINE N8 027' 30"E 68.17 FEET; THENCE N7°30'18"E 62.88 FEET; THENCE N56°44'21"E 14.19 FEET; THENCE S82°49'16"E 76.61 FEET TO THE POINT OF TERMINUS ON THE EASTERLY LINE OF SAID LOT 6. CITY PROPERTY: PORTIONS OF RIGHT-OF-WAY ADJACENT TO NORTHERN, EASTERN,AND SOUTHERN BOUNDARIES OF ABOVE REFERENCED PROPERTY. ENCROACHMENT INTO SHEFFIELD AVENUE TO NORTHERN BOUNDARY OF ABOVE REFERENCED PROPERTY. ENCROACHMENT INTO OXFORD AVENUE TO EASTERN BOUNDARY OF ABOVE REFERENCED PROPERTY. ENCROACHMENT INTO BRISTOL AVENUE TO SOUTHERN BOUNDARY OF ABOVE REFERENCED PROPERTY. PURPOSE: FOR PRIVATE IMPROVEMENTS INCLUDING PERVIOUS PAVERS, MODULAR WALL, AND UNDERDRAINS ENCROACHMENT. EXHIBIT 'B 1 ' ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT PLAT SHEFFIELD AVENUE 0 SHEFFIELD AVE CENTERLINE OF--\ o x SHEFFIELD AVE � v 0" HT PCC CURB PERVIOUS PAVER q" HT PCC CURB 1 1 1 - 1 _1 1 1 � \ I 1 i QPpFESSt �.�pHAEL O 2 w m No. 71651 o m cl- Exp. 12/31/13 �T CIV Q qTF OF CALZF�P GRAPHIC SCALE I "=20 ' 0 20 40 60 EXHIBIT 'B2' ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT PLAT OXFORD A VENUE r CENTERLINE OF OXFORD AVENUE � I \ ` PERVIOUS PAVERS AQUABRIC BY ORCO OR CITY APPROVED I EQUIVALENT DG PATH PROP. 5' ROW 40' DEDICATION �' EX. R/W 45' I PROP. R/W 51 14' 20' 0" HT PCC CURB 4" HT PCC CURB 10' I 0 Syr � w � �pFESSIO � II �p Q�pMEL co Lu N0. 71651 o m cr- Exp. 12/31/13 GRAPHIC SCALE 1 "=20 ' �T>1 CIVIC- P�tiP F OF CAS-ZF� 0 20 40 60 EXHIBIT 'B3 ' ENCROACHMENT MALNUENANCE AND REMOVAL AGREEMENT PLAT BRISTOL AVENUE - Q z p O FYSB I a w >< �J � lw ° Cr ~ BYO Lq Lu O O - z1E- ¢ �mi�- �� Jwa a Qz i HO Q � Oti J [j] � w U]-j II a mU p O ELI -------- � L . cc— — 25' ~I I z FYSB 20 ti O o� rn�p I 14' 20' w Q�J WO�V - 30' '�`Ui papZQ> aQa 40 Q3�- UUm I i Q)CQc) I I ill I QPpFESSIpN �p I HAEL 49�� E2 po 2 ¢p LLj wm No. 71651 om Ja m Exp. 12/31/13 Q Lu �'Tq� CIVIL o��tiQ ~O GRAPHIC SCALE I " =20 F OF CN\-ZF 0 20 40 60 ALL=PURPOSE ACKNOWLEDGMENT State of California SS. County of t Di q - On 2-0 13 , before me, AmagAO- - S W c' n , Notary Public, DATE p ,� personally appeared /v`O�S MDR who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)mare subscribed the within instrument and ackn wledged to me that�i /she/they executed the sam ' /her/their authorized capacity(ies), and that a' his her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the ANGELA A. SIMON 'n person(s) acted,executed the instrument. NOTARY��PUBLIC•�930RNIA N N SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the W cows EXP.MAR 2'201 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) F] GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RIGHT ;a 4 THUMBPRINT $ OF SIGNER o a 0 E-' APA1/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2008VALLEY-SIERRAINSURANCE