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1999-817918 DDC 1999-08179i8 DEC i7, i999 8:47 2687 SAN DIEGO G~]~TY REOORDER'8 OFFICE Recording requested By: GR~d~]RY J. SMITH, G~UNTY ~ECORDER FEES: 41.00 City of Encinitas 1 ¢99-0817918 City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas. CA 92024 Space Above for recorder's use PRIVATE ROAD AND DRAINAGE FACILITIES MAINTENANCE AGREEMENT FOR SOMEREORD PLACE Assessor's Parcel Project No.: MUP 97-111 No. 262-080-20 WO No. 5461-G This agreement for the maintenance and repair of that certain private road easement, the legal description and/or plat of which is set forth in Exhibits B&C attached hereto and those private drainage facilities, the legal description and/or plat of which is set forth in Exhibits D&E attached hereto and made a part hereof, is entered into by ENCINITAS HERITAGE PARTNERS, LLC, a Delaware Limited Liability Corporation (hereinafter referred to as "Developer") for the benefit of the lot owners who will use the private road easement (hereinafter referred to as "lot owners", which shall include the developer). Whereas, this agreement is required as a condition of approval by the City of Encinitas of a project as defined in Section 21065 of the Public Resources code and pursuant to City of Encinitas Municipal Code Section 24.16.060 and Section 24.29.040; and, 268 ' Whereas, developer is the owner of certain real property being developed as Somerford Place that will use and enjoy the benefit of said road easement. A complete legal description of said real property is attached, labeled Exhibit "A", and incorporated by reference. Said real property is hereinafter referred to as the "Property"; and, Whereas, it is the desire of the Developer that said private road easement and drainage facilities be maintained in a safe and usable condition by the lot owners; and, Whereas, it is the desire of the developer to establish a method for the maintenance and repair of said private road easement and drainage facilities and for the apportionment of the expense of such maintenance and repair among existing and future lot owners; and, Whereas, it is the intention of the developer that this Agreement constitute a covenant mrming with the land, binding upon each successive lot owner of all or any portion of the property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property is benefited by this agreement, and present and successive lot owners of all or any portion of the property are expressly bound hereby for the benefit of the land. 2. The cost and expense of maintaining the private road easement and drainage facilities shall be divided equally among the parcels utilizing the road and paid by the lot owners of their heirs, assigns and successors in interest or each such owner. 2689 ' 3. In'the event the described parcel of land is subdivided further, each newly created parcel shall be liable under this Agreement for their then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created parcels. 4. The repairs and maintenance to be performed under this Agreement shall be limited to the following unless the consent for additional work is agreed to by a majority vote of the lot owners utilizing said road as described in Paragraph 3 above: reasonable and normal road improvement and maintenance work to adequately maintain said private road easement and drainage facilities to permit all-weather access and conveyance of storm flows. Repairs and maintenance under this Agreement shall include, but is not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris, maintaining signs, markers, striping and lighting, if any, and other work reasonably necessary and proper to repair and preserve the easement for all-weather road purposes. 5. If there is a covenant, agreement, or other obligation imposed as a condition of subdivision approval to make private road improvements to the private road easement, the obligation to repair and maintain the private road easement as herein set forth shall commence when the private road improvements have been completed and approved by the City. 6. Any extraordinary repair required to correct damage to said road easement or drainage facility that results from action taken or contracted for by lot owners or their successors in interest shall be paid for by the party taking action or party contracting 2690 for work which caused the necessity for the extraordinary repair. The repair shall be such as to restore the road easement or drainage facility to the condition existing prior to said damage. 7. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each of the lot owners and each and every person who shall at anytime own all or any portion of the property referred to herein. 8. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors, and assignees of each of the lot owners. 9. It is the purpose of the signatories hereto that this instrument be recorded to the end and intent that the obligation hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become bound by these presents 10. The terms of this Agreement may be amended in writing upon majority approval of the lot owners and consent of the City. 11. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or valid by any court of competent jurisdiction, the validity, and enfomeability of the remaining provisions shall not be affected thereby. 12. The exhibits attached hereto are made a part thereof. 2691 IN-WITNESS WHEREOF, the parties have executed this Agreement Developer: PARIA~BS, LLE, a D=!~-'e Limited LiabiliL~ fkxp. Signature of ~PER' must be notarized. AttachI the appropriate ac~owledgement. COV4173 CALIFORNIA ALL-PURP ACKNOWLEDGMENT State of C'["~ 0'~':~(~,~, 2692 County of personally appeared ~Xi0 ~ ~personally known to me - OR ~ ~o mc on the basis of satisfactow evidence to be the person(~ whose name(~ is/~subscribed to the within instrument and acknowledged to me that he/sh=/thoy executed the ~ ~----~~- ~ samo in h,s/~uthodzod capacity~, and that by his/~r/t~ek si~naturo(~ on tho instrumont tho person(~, ~ ~ ~--~ ~ or the entity upon behalf of which the person(s) acted, executed the instrument. ~ WITNESS my hand and official seal, OPTIONAL Description of Attached Document ~tle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ~ Individual ~ Individual ~ Corporate Officer ~ Corporate Office~ Title(s): T~t]e(s): ~ Pa~ner ~ ~ Limited ~ General ~ Pa~ner ~ ~ Limited ~ General ~ Attorney-in-Fact ~ Attorney-~n-Fact ~ Trustee ~ Trustee ~ Guardian or ~onse~ator ~ ~ Guardian o~ Conse~ator Signer Is Representing: Signer Is Representing: © 1994 National Notary Association · 8236 Remmet Ave., RO. Box 7184 · Canoga Park, CA 91309-7184 Prod. NO 5907 Reorder: Call Toll-Free 1-800-876-6827 The southerly 610 feet, of the easterly 360 feet, of the southeast quarter, of the northeast quarter, of Section 23, Township 13 South, Range 4 West, San Bernardino Meridian, being within the City of Encinitas, County of San Diego, State of California, according to United States Government Survey, approved April 19, 1881, All that portion of the southerly 610 feet, of the easterly 360 feet, of the southeast quarter, of the northeast quarter, of Section 23, Township 13 South, Range 4 West, San Bernard±no Meridian, being within the City of Encinitas, County of San Diego, State of Cailfornia, being more particularly described as follows: Beginning at the southwest corner of the above described property; thence northerly along the westerly line of said property, North 00°02'13'' West, a distance of 34.00 feet; thence leaving said westerly line, South 89050'54'' East, a distance of 25.23 feet; thence North 00°00'43" East, a distance of 164.21 feet; thence South 89o59'17'' East, a distance of 72.83 feet; thence North 80048'06" East, a distance of 12.33 feet; thence South 89°59'17'' East, a distance of 61.69 feet; thence North 00000'43'' East, a distance of 108.76 feet; thence North 04023'59'' West, a distance of 19.50 feet; thence North 00°00'43" East, a distance of 46.50 feet; thence North 27°35'41'' East, a distance of 14.04 feet; thence North 00000'43'' East, a distance of 112.48 feet; thence North 89o59'17'' West, a distance of 77.69 feet; thence North 00000'43'' East, a distance of 18.00 feet to the beginning of a curve tangent to said line; thence northerly, northwesterly and westerly a distance of 1.57 feet along the curve concave to the southwest, having a radius of 1.00 feet and a central angle of 90°00'00"; thence North 89°59'17'' West tangent to said curve, a distance of 84.64 feet; thence North 00000'43'' East, a distance of 29.00 feet; thence South 89o59,17'' East, a distance of 15.33 feet to the beginning of a curve tangent to said line; thence easterly, northeasterly and northerly a distance of 40.84 feet along the curve concave to the northwest, having a radius of 26.00 feet and a central angle of 90°00'00"; thence North 00000,43'' East tangent to said curve, a distance of 12.97 feet; thence South 89°59'17'' East, a distance of 28.00 feet; thence South 00000'43'' West, a distance of 12.97 feet to the beginning of a curve tangent to said line; thence southerly, southeasterly and easterly a distance of 40.84 feet along the curve concave to the northeast, having a radius of 26.00 feet and a central angle of 90°00'00"; thence South 89o59'17'' East tangent to said curve, a distance of 4.50 feet to the beginning of a curve tangent to said line; thence easterly, northeasterly and northerly a distance of 3.93 feet along the curve concave to the northwest, having a radius of 2.50 feet and a central angle of 90°00'00"; thence North 00000'43" East tangent to said curve, a distance of 16.50 feet; thence South 89°59'17'' East, a distance of 88.50 feet; thence South 00000'43'' West, a distance of 143.07 feet to the beginning of a curve tangent to said line; thence southerly and southeasterly a distance of 19.81 feet along the curve concave to the northeast, having a radius of 23.00 feet and a central angle of 49°21'15" to a point of reverse curvature; thence southeasterly and southerly a distance of 27.13 feet along the arc of said curve concave to the southwest having a radius of 31.50 feet and a central angle of 49°21'14"; thence South 00000'43'' West tangent to said curve, a distance of 74.60 feet to the beginning of a curve tangent to said line; thence southerly and southwesterly a distance of 27.13 feet along the curve concave to the northwest, having a radius of 31.50 feet 2695 ' and ~ central angle of 49021'16'' to a point of reverse curvature; thence southwesterly and southerly a distance of 19.81 feet along the arc of said curve concave to the southeast having a radius of 23.00 feet and a central angle of 49Q21'16"; thence South 00°00'43" West tangent to said curve, a distance of 89.23 feet to the beginning of a curve tangent to said line; thence southerly, southwesterly and westerly a distance of 47.12 feet along the curve concave to the northwest, having a radius of 30.00 feet and a central angle of 90°00'00"; thence North 89°59'17'' West tangent to said curve, a distance of 7.19 feet to the beginning of a curve tangent to said line; thence westerly, southwesterly and southerly a distance of 1.57 feet along the curve concave to the southeast, having a radius of 1.00 feet and a central angle of 90°00'00"; thence South 00000'43'' West tangent to said curve, a distance of 18.00 feet; thence North 89o59'17'' West, a distance of 109.00 feet; thence South 00Q00'43'' West, a distance of 91.30 feet to the beginning of a curve tangent to said line; thence southerly, southeasterly and easterly a distance of 4.71 feet along the curve concave to the northeast, having a radius of 3.00 feet and a central angle of 89~51'39"; thence South 89:50'54" East tangent to said curve, a distance of 211.67 feet to the beginning of a curve tangent to said line; thence easterly, northeasterly and northerly a distance of 39.39 feet along the curve concave to the northwest, having a radius of 25.03 feet and a central angle of 90°11'19" to a point of cusp; thence South 00°02'13" East, a distance of 59.49 feet; thence North 66047'59'' West, a distance of 0.98 feet to the southerly line of the above described property; thence westerly along said southerly line North 89050'54'' West, a distance of 296.10 feet to the Point of Beginning. Containing 1.08 ACRES, more or less. 2696 ~ ~ ~/~ ',, ~ ,,,, ---E~~~i~77 ..........fl Jl* <~ 'U~NUUU IS3MHInOS '9 '0 'd "EX IE T 2697 SOMERFORD PLACE PRIVATE STOP.M DRAIN MAINTENANCE EASEMENT A 5.00 foot wide easement for private storm drain maintenance purposes, being within that portion of the southerly 610 feet, of the easterly 360 feet, of the southeast quarter, of the northeast quarter, of Section 23, Township 13 South, Range 4 West, San Bernardino Meridian, being within the City of Encinitas, County of San Diego, State of California, the centerline being more particularly described as follows: PARCEL A Beginning at the southwest corner of the above described property; thence northerly along the westerly line of said property, North 0°02'13" West, 235.21 feet, to the TRUE POINT OF BEGINNING; thence leaving said westerly line, South 34059'59" East, 54.40 feet; thence North 89°58'17" East, 2.50 feet, to ~Point A"; thence continuing along said line, North 89°58'17" East, 133.64 feet, to ~Point S"; thence continuing along said line, North 89°58'17" East, 1.29 feet; thence South 41°01'33" East, 66.38 feet. Said sidelines to be prolonged and/or shortened to form a continuous strip of land 5.00 feet in width, from the westerly line of the above described property, to the end of easement. PARCEL B Thence beginning at ~Point A", described above, North 13059'05" West, 50.12 feet; thence North 0000'58" East, 231.65 feet. Excepting all that portion lying within Parcel A described above. PARCEL C Thence beginning at "Point B", described above, North 20°32'10" West, 26.03 feet. Excepting all that portion lying within Parcel A described above.