2017-521201 •
DOC# 2017-0521201
II I IIIIII !II II IIII III I IIIII II I IIII I II
Nov 07, 2017 03:53 PM
?-dOFFICIAL RECORDS
RECORDING REQUESTED BY AND, ) Ernest J Dronenburg. Jr
WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER
FEES SO 00
PCOR N/A
) PAGES 7
CITY CLERK )
CITY OF ENCINITAS )
505 SOUTH VULCAN AVENUE )
ENCINITAS, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
tA ENCROACHMENT MAINTENANCE AND REMOVAL COVENANT
L �\� ENCROACHMENT PERMIT NO. 13448-PE
orop
A.P.N.: 256-242-07 Permit #: 13448-G
Address: 946 Eolus Avenue Case #: 16-278 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:
/2 q, /
ELK GLiAcR for Date
Kopion, Inc.
(Notarization of PERMITTEE signature is attached)
APPROVED BY CITY OF ENCINITAS:
✓ l� 2e=26/2
' Qrrrs`opl.ler- L. /. ski Date
Intcrim City Engineer
Dept. of Development Services
City of Encinitas
•
EXHIBIT"A"TO COVENANT
REGARDING ENCROACHMENT PERMIT NO. 13448-PE
PARAGRAPH ONE:
PERMITTEE:
KOPIAN INC.
1650 N. COAST HIGHWAY 101
ENCINITAS, CA 92024
PH: (619) 823-3408
PARAGRAPH TWO:
BENEFITED PROPERTIES:
THE SOUTH 65.00 FT OF THE NORTHERLY 1/2
OF LOT 7, BLOCK D, SOUTH COAST PARK
ANNEX IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NUMBER 1788
FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO.
AS DESCRIBED PER LOT LINE ADJUSTMENT
GRANT DEED PER DOC. 2017-0347007
REC 08-01-2017
PARAGRAPH THREE:
CITY PROPERTY:
PORTIONS OF RIGHT-OF-WAY ADJACENT TO THE EASTERN
BOUNDARY OF ABOVE REFERENCED PROPERTY. ENCROACHMENT
INTO EOLUS AVENUE ADJACENT TO EASTERN BOUNDARY OF
ABOVE REFERENCED PROPERTY.
PARAGRAPH FOUR:
• PURPOSE:
FOR PRIVATE IMPROVEMENTS INCLUDING PAVER DRIVEWAY,
PAVER PARKING AND ASPHALT SPILLWAY.
EXHIBIT "B"
REGARDING ENCROACHMENT PERMIT NO. 13448-PE
EOL US AVE - -PERVIOUS PAVERS IN
PUBLIC RIGHT-OF-WAY
,:
AC SPILLWAY
I
` PROPOSED
PROPERTY BOUNDARY
1
I I
/
II
I I
I I
I LEGAL DESCRIP'T'ION
I /
THE SOUTH 65.00 FT OF THE NORTHERLY
1/2 OF LOT 7, BLOCK D, SOUTH COAST PARK
ANNEX IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NUMBER 1788
I FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO.
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I I 1 .PROJECT SITE I I APN 256-242-07 .,, a BLVD
LOT 7 MAP 1788
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SCALE: 1"=40' i VICINITY MAP
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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 County Calif of v
Coun v ►�l0 )
Coun
On v� . UJ, Ion before me, ■ bkc071. oL j(
(insert name and title of the fficer)
personally appeared Ci,vi t(
who proved to me on the basis of sa isfactory 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.
j • • _ _ _J. OLSON I
COMM. #2149119 z
WITNESS my hand and official seal. °' 4Z'! Notary Public•California
s V-914)1 San Diego County
Ivt�Comm.Ewes A�r_15,20201
Signature ( fLSi11 " (Seal)