2016-306814 DOC# 2016-0306814
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Jun 21, 2016 04:12 PM
UV OFFICIAL RECORDS
RECORDING REQUESTED BY AND, ) Ernest J Dronenburg, Jr.,
WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER
FEES $0.00
PCOR. N/A
PAGES' 7
CITY CLERK )
CITY OF ENCINITAS )
505 SOUTH VULCAN AVENUE )
ENCINITAS, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
ENCROACHMENT MAINTENANCE AND REMOVAL COVENANT
ENCROACHMENT PERMIT NO. 12917-PE
A.P.N.: 258-292-11� Building Permit: 14-2243
Address: 1042 & 1046 Third Street Planning Case: 14-072 CDP
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.
PERMITTEE AGREES AND ACCEPTS:
i
n, O r Date
La a wner Date
(Notarization of PERMITTEE signature is attached)
APPROVED BY CITY OF ENCINITAS:
Masih Maher for Glen ruim Date
Director of Public Works
City of Encinitas
EXHIBIT "A" TO COVENANT
REGARDING ENCROACHMENT PERMIT NO. 12917-PE
PARAGRAPH ONE:
PERMITTEE
TAYLOR SANDISON AND LETHA SANDISON, HUSBAND AND WIFE AS JOINT
TENANTS
PARAGRAPH TWO:
BENEFITED PROPERTY
THE REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS: LOT 6, BLOCK 34 TOWNSITE OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 148, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 12, 1883. ALSO KNOWN AS: 1042
3RD STREET, ENCINITAS, CA 92024
APN 258-292-11-00
PARAGRAPH THREE:
CITY PROPERTY
A 10-FOOT PORTION OF THE EASTERLY RIGHT-OF-WAY LYING WESTERLY
AND ADJACENT TO THE PROPERTY DESCRIBED IN PARAGRAPH TWO AND
AS SHOWN ON EXHIBIT 'B'
PARAGRAPH FOUR:
PURPOSE
PERMIT EXISTING 4-FOOT HEIGHT (MAX.) BLOCK RETAINING WALL IN
PUBLIC RIGHT-OF-WAY
EXHIBIT `B' TO COVENNT REGARDING
ENCROACHMENT PERMIT NO. i a 9 l -7 - 'r
DETAIL OF ENCROACHMENT
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ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this Certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of V� �1 C�c�O ? SS.
On 2 _ 20 16 before me, ))) ��0, ly . I ✓M Y1 Notary Public,
DATE 1
personally appeared ���0 Y t L2�Yl G SA Vj i SO VI who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/ re ubscribed to the w n Instrument
and acknowled me that he/she/(heylaxecuted the
same in his eir uthorized capacl y(ies), and that
by his/he thei signature(s) on the instrument the
fjp ANGELA A. SIMON person(s), the entity upon behalf of which the
xou°aY PUBLIC--DWORN01 V1 persons) acted, executed the instrument.
SAN DIEGO COUNTY
My COMM.EAP.MM.2,2017
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.
bit-A�Iy01" En • �I
PLACENOTARY SEAL]NATION'E SPACE a NOTARY'S SIGNATURE
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
F INDIVIDUAL
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TITLE(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS DATE OF DOCUMENT
OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSON(S)OR ENTITYIIESI THUMB y
SIGNER -
APA01:2015 NOTARY BONDS.SUPPLIES AND FORMS AT HTTP:=WWW.VALLEY-SIERPA.COM 2005-2015 VALLEY-SIERRA INSURANCE
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this Certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of :50' VA SS.
On 6— Z� �� before me, J t I-YA42 A / I J I Oi� , Notary Public,
DATE
personally appeared �1 )MO,`Q. 41�ar who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(sare subscribed the within instrument
and ac ledged to me that�e she/they executed the
sa hi er/their authorized capacity(ies), and that
by h' /her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
ANGELA A. SIMON person(s) acted, executed the instrument.
Comm.$2009314
NOTARY DIEW ca,°N"IA N I certify under PENALTY OF PERJURY under the
MY cowl.EXP.Mug.2.Zan laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE
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
❑ GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS
❑ DATE OF DOCUMENT
OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSONIS)OR ENTITY(IESI THUMBPRINT
OF
SIGNER
APA01;2015 NOTARY BONDS.SUPPLIES AND FORMS AT HTTP:e WWWVALLEY-SIERPA.COM 2005-2015VALLEY-SIERRAINSURANCE