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2017-531434 DOC# 2017-0531434 III I I Hi I I III II II I I II III MIAMI Nov 14, 2017 04:17 PM RECORDING REQUESTED BY AND ) OFFICIAL RECORDS 1`) WHEN RECORDED MAIL TO: Ernest�. ro : ) SAN DIEGO COOUNNTY TY RECORDER RDER FEES 50.00 PCOR N/A tj ) 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 0)1\2r. ENCROACHMENT PERMIT NO. 13629-PE `` Assessor's Parcel No. 259-261-37/ Plan #: NIA Address: 1131 Wotan Drive 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: , C c,, true/vytb.e,r13Qco Dianne M. Lyles, Owner Date Wotan Properties, LLC, a California limited liability company (Notarization of PERMITTEE signature is attached) APPROVED BY CITY OF ENCINITAS: - 011111714- - , i/Di/-� 4 /3�D/� Christoph-r L. Magdosku Date City Engineer Development Services Department City of Encinitas EXHIBIT "A" TO COVENANT REGARDING ENCROACHMENT PERMIT NO. 13629-PE PARAGRAPH ONE: PERMITTEE WOTAN PROPERTIES, LLC DIANNE M. LYLES, MANAGER PARAGRAPH TWO: BENEFITED PROPERTY PARCEL 2 OF PARCEL MAP NO. 11822, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, STATE OF CALIFORNIA ON NOVEMBER 25, 1981. APN: 259-261-37 PARAGRAPH THREE: CITY PROPERTY THE EASTERLY 8 FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO 1131 WOTAN DRIVE. PARAGRAPH FOUR: PURPOSE FOR THE INSTALLATION OF PERMEABLE PAVERS ON A 16 FOOT DRIVEWAY APPROACH FROM THE EDGE OF PAVING TO THE PROPERTY LINE AT 1131 WOTAN DRIVE. APPROX. 8'. EXHIBIT "B TO COVENANT REGARDING ENCROACHMENT PERMIT NO. 13629-PE 1131 Wotan Drive, Encinitas Exhibit- Driveway on to Property Existing boundary fence 4 Driveway Permeable Pavers 1' 4, T 36' 36' 22' 4 f- 6' - 3'driveway cut bank/landscaped 4 3' 3' E- 3'driveway cut bank/landscaped 16' 4 Existing boundary fence 4, Gate - • 'E Existing SOG&E Pole F 6' 4 'r Easement 8' 36' F- 6 X 16 PCC 4 36' 28' 4, Flush Curb 4, SW corner of property Existing 8'Easement Granted to the County for Road-Way 20' Purposes per Doc No:81-334791 Wotan Drive 28' Date: 10-22-81 (Road Center) 4, 20' 4, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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\ ti E. (�_) On \— \-.3 —Zi.,1-1 before me, i'gC\elCk I� . rl'kbv"1 i'Qo TO-ry K.)� 14 Date .) Here Insert Name and'Title of the Officer personally appeared u.h ne ! ,\ , L l e S Name(sj of Signer(s) who proved to me on the basis of satisfactory evidence to be the p on(s) whose name(s Is/ re sub cribed to the within instrument and acknowle to me that he/ he/ hey executed the s e in his her heir authorized capacity(ies), and that by hi her heir signature(s)o the instrument the person(s), or entity upon behalf of which the person(s) acte , 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. .. ate ANGELA A. SIMON WITNESS my hand and official seal. Comm.S 2182396 ,A , wow,PUBLIC•CALIFORNIA 01 j►* Um Dt o Co Nrr , YY Ccwl Exp.V.2.2021 T Signature -. A.4 a_. _ iI/ Sig ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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): C Corporate Officer — Title(s): ❑ Partner — - Limited General C Partner — Limited General El Individual Attorney in Fact ❑ Individual Attorney in Fact ❑Trustee Guardian or Conservator ❑Trustee Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: -.u;�ex:v.,::c:.c%e.--c;�:�cx,c:�.c,,:,c:�c.�c:c:2,cr:c.-e-c:�:cxc,,——w:�%c.:..;.u�e c:c;c-<..—w:;cr c c,c�c x;.c cr=c;.e,c,. cr;<,...;.,,..-wc w..cw c.w.- t ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ) County of California(a VA 111',*, ) On i i - 6 le (7 before me, j� - J1 f1lC�, 1vdTC}t' PLb(IC Date Here Insert Name and.Title of the Officer personally appeared l 11C1ivp .le r L ` O5 kc, Name(s) of SSI r(s) , who proved to me on the basis of satisfactory evidence to be t person(s) whose name(s i re scribed to the within instrument and ackno ged to me tha he/she/they executed the s e in his er/their authorized capacity(ies), and that b his/ er/their signat )on the instrument the person(s), he entity upon behalf of which the person(s) ed, 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. 1 • , ANGELA A. SIMON WITNESS my hand and official seal. /..-__M,---';� COMM.S 2182396 In w :a WARY PlbuC•GUFOIi A =' a 1�'w o ExP. cou.2 g C .rte _�� Mr Cow.ExP.I__ 2_2021 Signature S Si nature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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): C Corporate Officer — Title(s): ❑ Partner — Limited - General C Partner — - Limited General El Individual Attorney in Fact El Individual ❑Attorney in Fact El Trustee Guardian or Conservator C Trustee ❑ Guardian or Conservator C'Other: C Other: Signer Is Representing: Signer Is Representing: Z;d-'N.-d'd..M.-d-M--a'•-d-d--N-N--d-'N-.N-.d..- . - ate-.d..L-L-d'M--N..d.-d--y.-M-N.•M--d•-N•-N••• -Y-'d.-Ale••••-d-.d."AV--d''d-a' a,-©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907