2003-536782
. DOC # .on? -0576781")
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MAY 07, 2003 4 =0]. PI"1i
Recording Requested By: ) OFFICIAL RECOf:DS
) SAN DIEGO COUNT'! RECORDER'S OFFICE
City Engineer ) GffGDRY J. SMITH, COUNT'! RECOf'DEP
) FEES: 26.00
When Recorded Mail to: )
City Clerk )
~~ City of Encinitas )
505 South Vulcan Avenue )
Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY
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\uf' ,} - ,,7 .") PRIVATE STORM WATER TREATMENT
/~ MAINTENANCE AGREEMENT
Assessor's Parcel No, 216-052-27 Project No.: 01-302
WÜNo. 7628-G
THIS AGREEMENT for the periodic maintenance and repair of that certain private stonn water
treatment facilities, the legal description and/or plat of which is set forth in Exhibits attached
hereto and made a part hereof, is entered into by JOSE LUIS ISLAS
(Hereinafter referred to as "Developer") for the benefit of future owners who will use the private
stonn water treatment facilities (hereinafter referred to as " owners", which shall include the
Developer to the extent the Developer retains any ownership interest in any land covered by this
agreement.
WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas,
and
WHEREAS, Developer is the owner of certain real property and developed as Exhibit "A"
that will use and enjoy the benefit of said StOffil water treatment facilities(s), A complete legal
description of said real property is attached, labelled Exhibit "B",_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 stonn water treatment system
be maintained in a safe and usable condition by the owners; and
WHEREAS, it is the desire of the Developer to establish a method for the periodic
maintenance and repair of said private stonn water treatment facilities and for the apportionment
of the expense of such maintenance and repair among existing and future owners; and
WHEREAS, there exists a benefit to the public the private stonn water facilities be
adequately maintained on a regular and periodic basis; and
. .
WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant
running with the land, binding upon each successive 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 owners
of all or any portion ofthe property are expressly bound hereby for the benefit ofthe land.
2. The cost and expense of maintaining the private storm water treatment facilities
shall be paid by the owner ofthe heirs, assigns and successors in interest or each such owner.
3. In the event any of the herein described parcels of land are subdivided further, the
owners, heirs, assigns and successors in interest of each such 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: reasonable and improvements and maintenance work to adequately
maintain said private storm water treatment facilities to permit access to said facilities. Repairs
and maintenance under this Agreement shall include, but is not limited to, repairing access
roadbeds, repairing and maintaining drainage structures, removing debris, if any, and other work
reasonably necessary and proper to repair and preserve the private storm water treatment
facilities for their intended purposes. Adequate maintenance of said drainage facilities shall be
conducted at a minimum of every six months.
5. If there is a covenant, agreement, or other obligation imposed as a condition of the
development, the obligation to repair and maintain the private storm water treatment facilities as
herein set forth shall commence when improvements have been completed and approved by the
City.
6. Any extraordinary repair required to correct damage to said storm water treatment
facilities that results from action taken or contracted for by the owners or their successors in
interest shall be paid for by the party taking action or party contracting for work which caused the
necessity for the extraordinary repair. The repair shall be such as to restore the storm water
treatment facilities to the condition existing prior to said damage.
7. Any liability of the owners for personal injury to an agent hereunder, or to any
worker employed to make repairs or provide maintenance under this Agreement, or to third
persons, as well as any liability of the owners for damage to the property of agent, or any such
worker, or of any third persons, as a result of or arising out of repairs and maintenance under this
>
. .
Agreement, shall be borne, by the owners as they bear the costs and expenses of such repairs and
maintenance. Owners shall be responsible for and maintain their own insurance, if any. By this
Agreement, the Developer does not intend to provide for the sharing of liability with respect to
personal injury or property damage other than that attributable to the repairs and maintenance
undertaken under this Agreement.
8. Owners shall jointly and severally defend and indemnify and hold hann1ess City,
City's engineer and its consultants and each of its officials, directors, officers, agents and
employees from and against all liability, claims, damages, losses, expenses, personal injury and
other costs, including costs of defense and attorney's fees, to the agent hereunder or to any owner,
any contractor, any subcontractor, any user of the stonn water treatment facilities, or to any other
third persons arising out of or in any way related to the use of, repair or maintenance of, or the
failure to repair or maintain the private stonn water treatment facilities.
Nothing in the Agreement, the specifications or other contract documents or City's
approval of the plans and specifications or inspection of the work is intended to include a review,
inspection acknowledgement of a responsibility for any such matter, and City, City's engineer
and its consultants, and each of its officials, directors, officers, employees and agents, shall have
no responsibility or liability therefore.
11. The foregoing covenants shall run with the land and shall be deemed to be for the
benefit of the land of the owners and each and every person who shall at anytime own all or any
portion of the property referred to herein.
12. It is understood and agreed that the covenants herein contained shall be binding on
the heirs, executors, administrators, successors, and assignees of each ofthe owners.
13. 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 fonD, shall be deemed to have consented to and become
bound by these presents, including without limitation, the right of any person entitled to enforce
the tenDS of this Agreement to institute legal action as provided in Paragraph 8 hereof, such
remedy to be cumulative and in addition to other remedies provided in this Agreement and to all
other remedies at law or in equity.
14. The tenDS of this Agreement may be amended in writing upon majority approval
of the owners and consent ofthe City.
,
. .
15. 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 invalid by any
court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall
not be affected thereby.
16. If the Property constitutes a "Common Interest Development" as defined in
California Civil Code Section 1351(c) which will include membership in or ownership of an
"Association" as defined in California Civil Code Section 1351(a), anything in this Agreement to
the contrary notwithstanding, the following provisions shall apply at and during such time as (i)
the Property is encumbered by a "Declaration" (as defined in California Civil Code Section
l351(h), and (ii) the Common Area of the property (including the private storm water treatment
facilities) is managed and controlled by an Association:
(a) The Association, through its Board of Directors, shall repair and maintain the
private storm water treatment facilities and shall be deemed the "agent" as referred to in
Paragraph 7 above. The Association, which shall not be replaced except by amendment to the
Declaration, shall receive no compensation for performing such duties. The costs of such
maintenance and repair shall be assessed against each owner and his subdivision interest in the
Property pursuant to the Declaration. The assessments shall be deposited in the Association's
corporate account.
(b) The provisions in the Declaration which provide for assessment liens in favor of
the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its
entirety. No individual owners shall have the right to alter, maintain or repair any of the
Common Area (as defined in California Civil Code Section 1351(b) in the Property except as
may be allowed by the Declaration.
(c) This Agreement shall not be interpreted in any manner, which reduces or limits
the Association's rights and duties following its Bylaws and Declaration.
IN WITNESS WHEREOF, the parties have executed this Agreement
This 11 day of "7=E:L3RJJ/O>fL'¡' 20Qi.
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(Print name:)
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
l.
CA~IF9R~IA ALL.PURPOS~CKNOWLEDGMENT .
State of California
County of San Diego
On Feb. 19, 2003 before me, Sharyll Kirkbride, Notary Public
D". Nom. oe' "". of Dm"" (..g., "J,". Doo, Not'" Pobllo,
personally appeared Jose Luis Islas
",m.,,) of Slg"",,)
.]>¡J personally known to me - OR - 0 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/sRef.lA9y executed the
same in his/herItRGir authorized capacity(ies), and that by
c,,^""'~""-i his/h8fltAeir signature(s) on the instrument the person(s),
'!-~~~,¡,'!ì:¡. ~.iRK8RIDE~ or the entity upon behalf of which the person(s) acted,
; .. "',",;, # 1223020 (j) executed the instrument.
~"mT'\:"': f'U"UÇ.CALIFORNIA (')
COUNrv ~
¿'yl . ,'UN~ WITNESS my hand and official seal.
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,ÀQAaj~t4J f¿ÆHJJ_~
S;goo,"" of Nolo" PobUo
OPT/ONAL
Though the information beiow is not required by iaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another 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: Jose Luis Islas Signer's Name:
ΠIndividual 0 Individual
0 Corporate Officer 0 Corporate Officer
Title(s): Title(s):
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-In-Fact 0 Attorney,in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator . 0 Guardian or Conservator .
0 Other: Top 01 thumb here 0 Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
"1994 N,"o"" Not",A"",;",,". 8236 A'mmotA".. P.o. B" 71e4. C'"og, P,"" CAg13O9-7164 Pco'. No. 5907 A.",," C,II TolI-F", 1-BOO-B7e-e"7
. ATTACHMENT "A" TO .
PROJECT NO. TPM 01-302
THAT PORTION OF THE NORTH HALF OF SOUTHEAST QUARTER OF SOUTHWEST QUARTER OF
SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF THAT ROAD KNOWN AS. COUNTY ROAD SURVEY
NO. 346, DISTANT SOUTH 89° 51' 45" WEST - RECORD SOUTH 89° 59' 30" WEST - 596.75
FEET FROM THE NORTHWESTERLY CORNER OF LOT 8, AVOCADO ACRES NO.3, ACCORDING TO
MAP THEREOF NO. 2063, RECORDS OF SAID SAN DIEGO COUNTY; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE OF COUNTY ROAD FOLLOWING THE ARC OF A CURVE CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 475 FEET; CENTRAL ANGLE OF 23° 29' AND LENGTH OF 194.68
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO THE NORTHWESTERLY
CORNER OF LAND CONVEYED BY SOUTH COAST LAND COMPANY TO GuY D. OSMONDSON, ET UX,
BY DEED DATED JULY 18, 1935, AND RECORDED IN BOOK 422, PAGE 251 OF OFFICIAL
RECORDS; THENCE CONTINUING ALONG THE SAID SOUTHERLY LINE OF COUNTY ROAD,
FOLLOWING THE ARC OF SAID CURVE IN A GENERAL SOUTHWESTERLY DIRECTION, SAID ARC
HAVNG A CENTRAL ANGLE OF 11° 55' 30" A RADIUS OF 475 FEET AND LENGTH OF 98.85
FEET TO THE END OF SAID CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE OF COUNTY
ROAD, SOUTH 54° 27' 15" WEST - RECORD SOUTH 54° 28' 30" WEST - A DISTANCE OF
174.68 FEET; THENCE SOUTH 35° 31' EAST, A DISTANCE OF 365.91 FEET, MORE OR LESS,
TO THE NORTHERLY LINE OF LAND CONVEYED BY SOUTH COAST LAND COMPANY TO T. W.
MEANS, ET UX, BY DEED DATED JUNE 6, 1934, AND RECORDED IN BOOK 297, PAGE 305 OF
OFFICIAL RECORDS; THENCE NORTH 67° 39' EAST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO MEANS AND ALONG THE NORTHERLY LINE OF LAND CONVEYED BY SOUTH COAST
LAND COMPANY TO HAROLD FOULD BY DEED DATED AUGUST 2, 1934 AND RECORDED IN BOOK
394, PAGE 154 OF OFFICIAL RECORDS, 193.07 FEET, MORE OR LESS, TO THE
SOUTHWESTERLY CORNER OF LAND CONVEYED TO GUY C. OSMONDSON, ET UK, ABOVE REFERRED
TO; THENCE NORTH 23° 32' WEST ALONG THE WESTERLY LINE OF SAID OSMONDSON'S LAND
408.61 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
EXCEPTING THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED
IN DEED TO WILLIS M. GUNDRUM AND M. AGNES GUNDRUM, RECORDED JANDARY 15, 1951 AS
DOCUMENT NO. 6002 IN BOOK 3932, PAGE 431 OF OFFICIAL RECORDS, LYING WITHIN A
STRIP OF LAND 60 FEET WIDE, 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, THENCE SOUTH 89° 16' EAST ALONG THE SOUTH LINE OF
SAID SECTION, A DISTANCE OF 1184.10 FEET TO THE CENTER LINE OF THE TRACKS OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID CENTER LINE
NORTH 15° 01' IS" WEST 989.92 FEET TO ENGINEER'S STATION 2002 PLUS 78.84 R.R. ON
SAID CENTER LINE OF SAID TRACKS AND THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID CENTER LINE, NORTH 54° 04' 07" EAST, 67.22 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 700 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 01' 52", A DISTANCE OF 232.51
FEET; THENCE TANGENT TO SAID CURVE, NORTH 73° OS' 59" EAST, 656 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1150 FEET; THENCE
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17° 30' 00", A DISTANCE OF
351.25 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89° 24' 01" EAST, 377.62 FEET TO
A POINT THAT BEARS NORTH 0° 40' 37" EAST 17.95 FEET FROM THE NORTHWEST CORNER OF
LOT 8 OF AVOCADO ACRES NO. 3, ACCORDING TO MAP THEREOF NO. 2063, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
I
EXHIBIT "B"
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