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2003-1503915 . DOC # .003-1503915 DEC 23. 2003 4:02 Pl"'i Recording Requested By: ) OFFICIAL RECORDS ) í) City Engineer ) SAN DIEGO COUNTY RECORDER'S OFFICE ) GREGORY .1. SMITH, COUNTY RECORDER f-6 When Recorded Mail to: ) FEES: 32.00 City Clerk ) r City of Encinitas ) i1 505 South Vulcan Avenue ) !Jf' E;~aS CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY ~/- J-q-cJ./ PRIVATE STORM WATER TREATMENT Jr MAINTENANCE AGREEMENT /1/ Assessor's Parcel No. 2 8-112-1314 ProjectNo.: TM,CDP.DR EIA 02-211 W.O.No.: 1389-G THIS AGREEMENT for t e periodic maintenance and repair of that certain private storm water treatment facilities, the legal descrip ion and/or plat of which is set forth in Exhibit "B" attached hereto and made a part hereof, is entered int by Taylor Woodrow Homes, a California Corporation which shall include the Developer to the extent t he Developer retains any ownership interest in any land covered by this agreement. WHEREAS, this A reement is required as a condition of approval by the City of Encinitas of Grading Permit 1389-G: a d WHEREAS, Develo er is the owner of certain real property described in Exhibit "A" that will use and enjoy the benefit of said s rm water treatment facilities(s) (Said real property is hereinafter referred to as the "property"); and WHEREAS, it is th desire of the Developer that said private storm water treatment system be maintained in a safe and u able 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 stor water treatment facilities and for the apportionment of the expense of such maintenance and repair a ong existing and future owners; and WHEREAS, there ists a benefit to the public the private storm water facilities be adequately maintained on a regular an periodic basis; and WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running with the land, binding upon ach successive owner of all or any portion of the property. NOW THEREFORE , IT IS HEREBY AGREED AS FOllOWS: 1. The prope r y is benefited by this Agreement, and present and successive owners of all or any portion of the property re expressly bound hereby for the benefit of the land. 2. The cost a d expense of maintaining the private storm water treatment facilities shall be paid by the owner of the he i s, assi9ns and successors in interest of each such owner. 3. In the ev e t any of the herein described parcels of land are subdivided further, the owners, heirs, assigns and uccessors in interest of each such newly created parcel shall be liable under this Agreement for their the pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such n e Iy created parcels. . . 4. The rep irs and maintenance to be performed under this Agreement shall be limited to the following: reasonabl and improvements and maintenance work to adequately maintain said private storm water treatment f cilities to permit access to said facilities. Repairs and maintenance under this Agreement shall include but are not limited to, repairing access roadbeds, repairing and maintaining drainage structures, rem ving debris, if any, and other work reasonably necessary and proper to repair and preserve the private torm water treatment facilities for their intended purposes. 5. If there i a covenant, agreement, or other obligation imposed as a condition of the development, the obligati n to repair and maintain the private storm water treatment facilities as herein set forth shall commence wh n improvements have been completed and approved by the City. 6. Any extr ordinary repair required to correct damage to said storm water treatment facilities that results from ction taken or contracted for by the owners or their successors in interest shall be paid for by the party aking action or party contracting for work which caused the necessity for the extraordinary repair. Th repair shall be such as to restore the storm water treatment facilities to the condition existing prior to aid damage. 7. Any liabili y of the owners for personal injury to an agent hereunder, or to any worker employed to make repair or provide maintenance under this Agreement, or to third persons, as well as any liability of the owners or damage to the property of agent, or any such worker, or of any third persons, as a result of or arising ut of repairs and maintenance under this Agreement, shall' be borne, by the owners as they bear th costs and expenses of such repairs and maintenance. Owners shall be responsible for and main ain their own insurance, if any. By this Agreement, the Developer does not intend to provide for the s aring of liability with respect to personal injury or property damage other than that attributable to the rep irs and maintenance undertaken under this Agreement. 8. Owners hall jointly and severally defend and indemnify and hold harmless City, City's engineer and its consultants and each of its officials, directors, officers, agents and employees from and against all liability, claims, amages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fe s, to the agent hereunder or to any owner, any contractor, any subcontractor, any user of the storm wat r treatment facilities, or to any other third persons arising out of or in any way related to the use of, repai or maintenance of, or the failure to repair or maintain the private storm water treatment facilities. Nothing in the Agre ment, 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 res onsibility for any such matter, and City, City's engineer and its consultants, and each of its officials, direc rs, officers, employees and agents, shall have no responsibility or liability therefore. 11. The forego ng covenants shall run with the land and shall be deemed to be for the benefit of the land of the owners nd each and every person who shall at anytime own all or any portion of the property referred to herein. 12. It is under tood and agreed that the covenants herein contained shall 'be binding on the heirs, executors, administra ors, successors, and assignees of each of the owners. 13. It is the pur ose of the signatories hereto that this instrument be recorded to the end and intent that the obligation he eby 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 e deemed to have consented to and become bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as pro ided in Paragraph 8 hereof, such remedy to be cumulative and in addition to other remedies provided in t is Agreement and to all other remedies at law or in equity. 2 """"VWOI 1\<HARFOIF""\T.m. .IUn,rlICnvpn.nt<lnvt 'n.rl<rlc.in.m "<tn'm ".tp, m.int n,-", "ROo" T.vl n, . . 14. The ter s of this Agreement may be amended in writing upon majority approval of the owners and consent of th City. 15. This Agr ement shall be governed by the laws of the State of California. In the event that any of the provisions of t is Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, a d enforceability of the remaining provisions shall not be affected thereby. 16. If the Pro erty constitutes a "Common Interest Development" as defined in California Civil Code Section 1351(c) w ich will include membership in or ownership of an "Association" as defined in California Civil Code Se tion 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 1351(h), and (ii) the Common Area of the property (including the rivate storm water treatment facilities) is managed and controlled by an Association: (a) The Ass ciation, through its Board of Directors, shall repair and maintain the private storm water treatment fac lities 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 dep sited in the Association's corporate account. (b) The provi i ons in the Declaration which provide for assessment liens in favor of the Association and enforceme nt thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall ha e the right to alter, maintain or repair any of the Common Area (as defined in California Civil Code Secti n 1351 (b) in the Property except as may be allowed by the Declaration. (c) This Agre ment shall not be interpreted in any manner, which reduces or limits the Associatio 's rights and duties pursuant to its Bylaws and Declaration. IN WITNESS WH REOF, the parties have executed this Agreement This \(., da of \::>¡;; Gê"", 1"Je.",- ,2003. Do'~4rk'Z G,{W ,): /;f;tf-tI4"'1C?r L Print Name and Title Signature of DEVELOPER ust be notarized. Attach the appropriate acknowledgement. 3 'UO"<TY\VOI 1\<"AOFnIF""1 T.m .-.IUn,rlICnvpn.nt<lnvt 'Mrl<rlc.in m.'<tn'm W",p, m.int n,-", "RO-" T.vl nc -' . . EXHIBIT "A" LEGAL DESCRIPTION Real property in t e City of Encinitas, County of San Diego, State of California, described as follows: PARCEL 1: THE SOUTH HALF F THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECITON 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BA5E AND MERIDIAN, IN THE COUNTY OF SAN IEGO, STATE OF CAUFORNIA, ACCORDING TO ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING ANY P RTION LYING WITHIN THE EAST 11 ACRES OF SAID SOUTH HALF. ALSO EXCEPTING NY PORTION LYING WITHIN THE WEST 6 ACRES OF SAID SOUTH HALF. ALSO EXCEPTING HAT PORTION LYING SOUTHERLY AND SOUTHWESTERLY OF A UNE DESCRIBED AS FO LOWS: COMMENCING AT E SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUA TER OF SECITON 15. SAID CORNER BEING MARKED BY A 2 INCH IRON PIPE HAVING COO DINATES X EQUALS 1,682,822.11 FEET AND Y EQUALS 320,591.15 FEET; THENCE ALONG E SOUTHERLY UNE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SOUTH 88 DEGREES 56'26" EAST 802.66 FEET; THENCE NORTH 1 DEGREES 03'34" EAST 20,00 FEET 0 THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING NUMBERED COURSES: -1- NORTH 80 DE REES 24'34" WEST 101.12 FEET; -2- NORTH 87 DEG REES 02'28" WEST 150.03 FEET; -3- NORTH 72 DEG EES 12'06" WEST 236.12 FEET; -4- SOUTH 76 DEG EES 21'00" WEST 185.00 FEET; -5- NORTH 9 DEG EES 04'34" WEST 733.77 FEET TO THE WESTERLY UNE OF SAID SOUTHEAST QUAR R OF THE NORTHWEST QUARTER -6- ALONG SAID W STERL Y UNE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; NORTH 2 DEGREES 24'53" EAST 546.66 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST UARTER OF THE NORTHWEST QUARTER; SAID CORNER 8EING MARKED BY A 11/2 INCH IRON PIPE HAVING COORDINATES X EQUALS 1,682,878.16 FEET AND Y EQUALS 321,920.17 FEET, PARCEL 2: THE WEST 6 ACRE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SE ON 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. . . EXHIBIT "A" EXCEPTING THAT P RTION LYING SOUTHERLY AND SOUTHWESTERLY OF A UNE DESCRIBED AS FOLLOWS: COMMENCING ATTH E SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUAR R OF SECITON 15, SAID CORNER BEING MARKED BY A 2 INCH IRON PIPE HAVING COORDINA S X EQUALS 1,682,822.11 FEET AND Y EQUALS 320,591.15 FEET; THENCE ALONG THE SOUTHE L Y UNE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SOUTH 88 DEGREES 6'26" EAST 802.66 FEET; THENCE NORTH 1 DEGREES 03'34" EAST 20.00 FEET TO THE POINT F BEGINNING; THENCE ALONG THE FOLLOWING NUMBERED COURSES: -1- NORTH 80 DEGR ES 24'34" WEST 101.12 FEET; -2- NORTH 87 DEGR ES 02'28" WEST 150.03 FEET; -3- NORTH 72 DEGR ES 12'06" WEST 236.12 FEET; -4- SOUTH 76 DEGR ES 21'00" WEST 185,00 FEET; -5- NORTH 9 DEGRE S 04'34" WEST 733.77 FEET TO THE WESTERLY UNE OF SAID SOUTHEAST QUARTE OF THE NORTHWEST QUARTER -6- ALONG SAID WE RL Y UNE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; NORTH 2 EGREES 24'53" EAST 546,66 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST Q ARTER OF THE NORTHWEST QUARTER; SAID CORNER BEING MARKED BY A 11/2 INCH IRON P PE HAVING COORDINATES X EQUALS 1,682,878.16 FEET AND Y EQUALS 321,920.17 FEET. 'XHIBIT "A" . LEGAL DESCRIPTION County of San Diego, State of California, described as follows: e South half of the Southeast Quarter of the Northwest Quarter of Section 15, , Range 4 West, San Bernardino Meridian, according to United States Approved on April 19, 1881, being more particularly described as follows: Commencing at the Easterly Terminus of that course described as North 87 degrees 01'48" West, 150.08 feet (N 87 degrees 02'28" West, 150.03 feet per Deed to the State of California, recorded on Ma 17, 1963 as file No. 86295 of Offidal Records); thence along the Northerly line of that land 'bed in said Deed to the State of California, North 87 degrees 01'48" West, 52.24 feet to true point of beginning; thence continuing along said Northerly line of said Deed to the Sta of Calofornla, the following (3) Courses: 1. North 87 deg ees 01'48" West, 97.84 feet 2. North 72 deg ees 12'01" West, 236.21 feet 3. South 76 deg ees 21'04" West, 185.08 feet to a point on the Easterly right of way of interstate Route 5 as dep/ on Miscellaneous Survey No. 611, said point also being the Northerly tennlnus of that oourse described as North 13 degrees 54'16" West, 148.25 feet (North 13 degrees 50'39" est, 148,14 feet per Miscellaneous Survey No. 611); thence along said Easterly right of way of I te 5, South 13 degrees 54'16" East, 32,13 feet; thence leaving said Easterly right of ay line of Interstate 5 atong a line parallel with and 30 feet North Northerly of the Centerline Requeza Street, South 88 degrees 56'21" East, 494.70 feet; thence leaving said parallel line, No 01 degrees 03'39" East, 6.74 feet to the true point of beginning. FIrst AmeIican 71tIe fiXHlþlr""f?" . 0: lNr;>¡c e.~ p¡e Vkf6 ?10R.m ¡,v;t(~ í'tLðlt'1rt1GN-( f7tCI urt{ I ..1- - -- ~ ~~ --"""~" APPROYALS CITY OF ENCINITAS ENGlNEERJ JPERV¡SIDN F RECOMMENDED APPROVED GRADING PLAN FOR. DATE: av: ---- BY: :. NO.. 29077 ----. - BEACH STREET EXP. 3-31-0 DATE: DATE. PL"NING CASE NO 02-", . ExHlt>/í ¡{VI . O:INPlC 16$ PIl. V kf6' <7rolLhl ¡IJÆ1~ 1M?1rl1Yl{j/J( F1/tll-lr-{ '<"""'«h.c,,.. ""-'-".,..c ,.. "DOROTI:rr.YT / I .""-:c...../ lME~-l ' - , " \, l"1'<>/ ""IN RISER" . '.' 1 , ¡¡; .~~'sy ::!}jf'i'J, :: I " '. SE' '*ET . .. :/'-.: . 125;0 '", /, ""r ."1,12',0'0780<--;-:-""1 'lI<JfVEL D~ SPACE SHALL _IN J21"O FG ,. IN"". 'S""'f~ '" , "Bo'" "'S"1.:~ "--;~REr:an:D,,, 'F 'Œ -~"" " '\"",' I ""'I "'h"O~ " !, / rl"m81~/"" ---' -'- --'- /- -.:\ -'~¡~ ~~- '--- - II . . I I ~~~ ':~=~~ ~ <~ ~^,L:~~~~~~~ ~,~~~~~ ~~~ ~«^' '&<&<RÇ~ ,~,,«~,,« ^'~ ^' "C <~, ~~ ~/." > ,< . ~ P: ~ g,. State of California I' ..} ~. g --ili SSe q I'> County of " n. Yì1( ~.) ~;. d ~ On beforerne,(1..¡élrL\ lcl~ör-(t/ll~ ,A411c-, I' " c= .. N'~' '"'"""'~, b~. ~~' N".'" PC""'. '~. '. ~, personallyappeare -;¡\ \ hQr¡t ,j - h'lA Hf ,G).e/l , " 1'. N,m'I'IO>""",<I:, I'> " (. ,¥,personally known to me (' P: /[) proved to me on the basis of satisfactory } ¡? evidence "~ g ~ ¡? to be the person(*",whose name(s) is/a>&- ~, (> ClARA LAYNE subscribed to the within instrument and '~, ~ Cornrnission#1349828 z acknowledgedtomethathe/stmttheyexecuted '~ 1\ Notary Public - California ~ the same in his/hetItheir- authorized ~ X San Diego County f capacity(ì1m), and that by his/~ -) R ( Comm. Exp;resApr6, 2006 signature(s) on the instrument the person(ej, or / X - - - - - - the entity upon behalf of which the person(sJ.-. ,~ ~ acted, executed the instrument. ,1 g ~ (j '( P \ P: q é, ê) ~ 1 ¡? OPTIONAL ,~ ;:. Though the inlocmaNon b low is not cequiced by taw, it may pcove valuabte to pecsons cetying on Ihe document and coutd pcevent " (j Imudutent cemovat and ceaffachment 01 this locm to anothec document <: ~ Description of A tached Document ';: ~ ; Ð Title or Type of Docu en!: 8 Þ Document Date: Number of Pages: i ¡? ~ P: Signer(s) Other Than amed Above: <: (j <; ~ Capacity(ies) Cia med by Signer 't (j Signer's Name: p ^ (> I Individual Tgp ~I !h<omb he" ( ); I] Corporate Officer Title(s): It' g ,Partner - D Limit d D General < r, I Attorney'in,Fact " () IJ Trustee ,; ;. ,- Guardian or Conse ator I', (' ' Other: ~ Signer Is Representin ~ ) : '>/'~"<"~""'. ~~""',<c, ,<'./1'<" ,,', c "',/",<,",<',",'-'.c,<";.:<"<,,,,ù><./v'<'//>"'<'~'«<'Ä/x.,'<>vv',c'o,"v2<Ú/,,'I', ,'/, ,', P'oO.No "" R,mdecC""""""'""'8".""