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2002-728209 # O!C'r')~O7~181:)r¡9 ".JJ... &- ...v. ¡'-~ UG L"l, ';~~OO2 L~: :'~9 Pi'~ Recording Requested By: ) OfFICIAL f'[CORDS ) iJr!ii DIEGO COUNTY F:ECORD[i::'S OFFICI' City Engineer ) ,;REGOF:Y ], SMITH, COUNTY F:ECOF::DEF: ) FEES: 41.00 When Recorded Mail to: ) City Clerk ) City ofEncinitas ) ýi?¡ 505 South Vulcan Avenue ) 'f Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY V Oí PRN A TE STORM WATER TREATMENT (:" MAINTENANCE AGREEMENT FOR OLIVENHAIN MEADOWS II ~., Assessor's Parcel No, 264-151-52,53 Project No,: 01-054 W,O, No: 7316-G/I THIS AGREEMENT for the periodic maintenance and repair of that certain private storm 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 OLIVENHAIN PROPERTIES II, LLC (hereinafter referred to as "Developer") for the benefit of future owners who will use the private storm water treatment facilities (hereinafter referred to as "owners"), which shall include the Developer to the ex1ent 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 of a subdivision project as defined in Section 2 I 065 of the Public Resources code and pursuant to City ofEncinitas Municipal Code Section 24,16,060 and Section 24,29,040; and WHEREAS, Developer is the owner of certain real property and developed as Exhibits" 1 A", "2A" and "3A" that will use and enjoy the benefit of said storm water treatment facilities(s), A complete legal description of said real property is attached, labeled 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 storm 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 storm 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 that the private storm 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 benefitted by this Agreement, and present and successive 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 storm water treatment facilities shall be paid by the owner of the heirs, assigns and successors in interest of 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, 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 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 the and maintain their own insurance, if any, By this Agreement, the Developer does not intend to provide for the sharing ofliability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. -2- 8, Owners shall jointly and severally defend and indemnitY 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, 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 storm 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 storm 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 acknowledgment ofaresponsibility 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, 9, 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, 10, 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 owners, II. 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, including without limitation, the right of any person entitled to enforce the terms 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, 12, The terms of this Agreement may be amended in writing upon majority approval of the owners and consent of the City, 13, 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, 14, If the property constitutes a "Common Interest Development" as defined in California Civil Code Section 1351~) which will include membership in or ownership of an "Association" as defined in California Civil Code Section 135 I (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 -3- 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 pursuant to its Bylaws and Declaration, 15, The maintenance provisions of this Agreement shall establish monitoring of storm drainage systems to include: Long term inspection and maintenance on a bi-annual basis, Follow-up storm inspection and maintenance within 72 hours of a major storm as defined by the US Weather Service, IN WITNESS WHEREOF, the parties have executed this Agreement, I-*' ~, ¡./'>\ This '.::Þ - day of ,2002 '\ DEVELOPER: ~ ~ ~=~~r~ ~ ,ù ""',,' ot'L--'--'- (Print Name:) Robert'. Booker ~( -rr ~ (Print Name:) ~cido Signature of DEVELOPER must be notarized, Attach the appropriate acknowledgment. -4- - ,- CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT f,ç<'~,ç<'~-«Æ:;ç<'~~==&"""j£.çt=d.Æ£=~~,ç<'~;o<'~~,ç<-~~.= c 1 " State of california" }" '~ ~ County of M DI9ü ----- ' : on~U'Lô.(X);;¡', before me, - OoJ..L. SIClcJ¿ ( JO+w.:.~-~-, personally ap~::redÇ\obe"--L~lJ()~,~e 'j""'B;;' C;" C::db~1 , Noe""e} 0(Sf9""(') iXpersonally known to rne proved to me on the basis of satisfactory evidence r j " ::~:I~~i:" - , to be the person(s) whose name(s) )Glare subscribed to the within instrument and acknowledged to me that heIsfle/they executed I Holer( Public "Cal1faria - the same in ~r/their authorized i 5a1 ~ CaM1Iy 1 capacity(ies), and that by I9-is4>e r Ith ei r - - - _Mr~~~l:~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) J'---~~-I acted, executed the instrument. WITNESS my hand and official seal. í @ NoIaY I'Idc . CcIIkriI - --~~------- i- - ,:,~~C;:~~l S'9"""'" 01 N,,",) Pcbh, OPTIONAL Though the information below" not reqUIred by law, 11 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 Signer's Name: -- - -, - --,-' ---,- Individual I I Corporate Officer - Title(s)" ,---,- --,,'- Partner -' I Limited I I General I I Attorney in Fact Trustee I I Guardian or Conservator Other" ,- --' Signer Is Representing" ,- - ,-- --- _..J "'" ""'01","""""",""""",0 o,s"","" ,,"0 eo"",.r"""","". CA,,"" "",."""""""""",""", "md ""f"" ._,,--- .,.-"-' 1!)1 4 EXHIBIT 1B ~ VIA 01 FELICIT A tp' ~ ~ \.1,1. ~ ~ êxJ LOT 9 tp' C'! ~ I") U") ":,¡- w ~ ~ . SCALE: 1" = 50' '<I: 0 \,'::.- N .0 tp' \,'::.- U") ~ ~ ~ ~ 0 N 0 U") z ~ ...: 00 N ,..., ':) :>'.... '\I\A D\ fE\..\C\1 A -1 ¡;:¡ 0 0 z ..-. ¿;.. LOT 10 ¿;.. \,'::.- ~ ~~ tp'tp' ---4 ~~ ~ ... ..----'" \.~ \.1,1. '--"""--- S87.06'25"W 217.39' ~~ lJ)1 tJ 1.1;\,;) lW.. 1~::)~2 ~ ¿;.. NOTES A V / / / /~ AREA DESCRIBED IN EXHIBIT 1 A DATA TABLE B WATER EASEMENT REC, 12-06-73, DOC, 73-337341 C BUFFER ZONE AS SHOWN ON MAP 14409 NO, BEARING DISTANCE D BUFFER ZONE AS SHOWN ON MAP 13592 1 N 89.46'00" W 20.46' E FLOWAGE EASEMENT AS SHOWN ON MAP 13952 2) S 00'40'38" W 36.88' F SEWER EASEMENT REC. 9-29-94, DOC. 1994-0559213 3) S 88'53'51" W 13,01' G LANDSCAPE ESM'T REC. 11-02-00, DOC. 2000-595284 4 N 00.40'38" E 35.84' H PUBLIC RECREATIDNAL TRAIL PER MAP 14409 5 N 89.46'00" W 33.77' I PROPOSED DRAINAGE ESM'T PER MAP 14409 6 N 76'39'29" W 31.08' BEARINGS & DISTANCES PER MAP NO, 14409 OR CALCULATED THEREFROM. FILE NAME: MD2-LGL.DWG PLOT DATE: 06-28-02 EXHIBIT 2A THOSE PORTIONS OF LOTS 6, 7, 8 AND 10 OF CITY OF ENCINITAS TRACT NO. 01-054 ACCORDING TO MAP THEREOF NO. 14409 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER JUNE 21, 2002, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT WHICH LIES IN THE WESTERLY BOUNDARY LINE OF SAID LOT 6, SAID WEST- ERLy LINE ALSO BEING THE EASTERLY SIDELINE OF DESERT ROSE WAY, DISTANT THEREON NORTH 09'22'06" EAST 33,00 FEET FROM THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 09'22' 06" EAST, ALONG SAID WESTERLY LINE, 10,00 FEET; THENCE SOUTH 78"58'01" EAST 64.02 FEET; THENCE SOUTH 74'37'30" EAST 53.01 FEET; THENCE NORTH 87'06'25" EAST 63.59 FEET TO THE WESTERL Y BOUNDARY LINE OF SAID LOT 7, DISTANT THEREON NORTH 00'21'00" EAST 10,02 FEET FROM THE SOUTWEST CORNER; THENCE CONTINUING NORTH 87'06'25" EAST 67,59 FEET; THENCE NORTH 67'37'32" EAST 41.55 FEET TO THE WESTERLY BOUNDARY LINE OF SAID LOT 8, DISTANT THEREON NORTH 00'21'00' EAST 23,89 FEET FROM THE SOUTH WEST CORNER; THENCE CONTIN- UING NORTH 67'37'32" EAST 34.86 FEET; THENCE SOUTH 80'51'14" EAST 44.69 FEET; THENCE SOUTH 84"39'28" EAST 23.77 FEET TO THE WESTERLY BOUNDARY LINE OF SAID LOT 10, DIS- TANT THEREON NORTH 00'21'00" EAST 22.79 FEET FROM THE SOUTHWEST CORNER; THENCE CONTINUING SOUTH 84'39'28" EAST 2.31 FEET; THENCE SOUTH 88'42'29" EAST 41.84 FEET; THENCE SOUTH 84'34'02" EAST 62,18 FEET TO THE BEGINNING OF A 175.00 FOOT RADIUS CURVE CONCAVE NORTHERLY AND BEARING RADIAL SOUTH 05'25'58" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15'10'15" 46.34 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 88'53'51" EAST 63.15 FEET TO THE EASTERLY BOUNDARY LINE OF LOT 10; THENCE SOUTH 11'59'45" EAST, ALONG SAID LINE, 5.09 FEET TO A POINT WHICH BEARS NORTH 11'59'45" WEST 2,80 FEET FROM THE SOUTHEAST CORNER OF SAID LOT; THENCE SOUTH 88'53'51" WEST 63.74 FEET TO A POINT WHICH LIES IN THE NORTH- ERLY SIDELINE OF A PRIVATE LANDSCAPE EASEMENT RECORDED 11-02-2000 AS DOCUMENT NO. 2000-595284, O,R, AND THE BEGINNING OF A NON-TANGENT 180,00 FOOT RADIUS CURVE CONCAVE NORTHERLY BEARING SOUTH 09'37'02" EAST RADIAL; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, AND ALONG SAID SIDELINE, THROUGH A CENTRAL ANGLE OF 15'03'00" 47,28 FEET; THENCE TANGENT TO SAID CURVE NORTH 84'34'02" WEST 62,00 FEET; THENCE NORTH 88"42'29" WEST 41,83 FEET; THENCE NORTH 84"39'28" WEST 2,05 FEET TO THE EAST- ERLY BOUNDARY LINE OF SAID LOT 8 DISTANT THEREON NORTH 00"21'00" EAST 17.77 FEET FROM THE SOUTHEAST CORNER; THENCE CONTINUING NORTH 84'39'28" WEST 24.38 FEET; THENCE NORTH 80'51'14" WEST 33,88 FEET TO THE NORTHWESTERLY CORNER OF SAID EASE- MENT; THENCE DEPARTING SAID NORTHERLY EASEMENT LINE, SOUTH 67'37'32" WEST 45.79 FEET TO THE EASTERLY BOUNDARY LINE OF LOT 7 DISTANT THEREON NORTH 00'21'00" EAST 13.05 FEET FROM THE SOUTHEAST CORNER; THENCE CONTINUING SOUTH 67'37'32" WEST 39,07 FEET TO THE SOUTHERLY BOUNDARY OF SAID MAP; THENCE ALONG SAID BOUNDARY SOUTH 87'06'25" WEST 69.87 FEET TO THE SOUTHEAST CORNER OF LOT 6; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE SOUTH 87'06'25" WEST 64.63 FEET; THENCE DEPARTING SAID BOUNDARY LINE NORTH 74'37'30" WEST 54,23 FEET; THENCE NORTH 78'58'01" WEST 63,35 FEET TO THE POINT OF BEGINNING, CONTAINING 4,706 SQUARE FEET, 0,108 ACRES. 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Z ~~~~~~~ - ~g N is (J) (J) in Com 0 0 ll) ll) ll) 1Dr£¡ 00 .t ""¡ ""¡ r-: :;¡: .t.t « <D tD ll) tD r£¡ I').q- w :> I- ...I WW 0 a:I Ww WW Ww <C ,-,to "0 in 'in "N "N ' -I .... zo 0 I') N N I') t"} .q- <C œ:"N ÎX> ¡-... to to ¡-... ¡-... iõ <{N ll) I') 0 0 I') I') .... w' ÌXJ ~ Í'- Í'- Í'- Í'- 0 <C (II~ r--- r--- ID 00 tD tD 00 Q Z(f) (f)Z ZZ Z(f) A"M .m. ,66'L9 g~ NI') .q-ll) r£¡r--- ro 3S 0 1:1 3"90,ZZ.60N J.1:I3S30 ----- EXHIBIT 3A THOSE PORTIONS OF LOTS 1 AND 2 OF CITY OF ENCINITAS TRACT NO, 01-054 ACCORDING TO MAP THEREOF NO. 14409 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER JUNE 21, 2002, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT WHICH LIES IN THE WESTERLY BOUNDARY LINE OF SAID LOT 1, SAID WEST- ERLy LINE ALSO BEING THE EASTERLY SIDELINE OF DESERT ROSE WAY, DISTANT THEREON SOUTH 09'22'06" WEST 13.00 FEET FROM THE NORTHWEST CORNER OF SAID LOT; THENCE NORTH 74'23' 30" EAST, DEPARTING SAID WESTERLY LINE, 20.70 FEET; THENCE SOUTH 02"24'38" EAST 4.00 FEET TO THE SOUTHERLY SIDELINE OF THE RECREATIONAL TRAIL EASEMENT AS SHOWN ON SAID MAP; THENCE NORTH 87"35'22" EAST, ALONG SAID SIDELINE, 108.99 FEET TO THE WESTERLY BOUNDARY LINE OF SAID LOT 2; THENCE CONTINUING NORTH 87'35'22" EAST, ALONG SAID SIDELINE, 189.29 FEET TO THE WESTERLY SIDELINE OF THE OPEN SPACE EASEMENT AS SHOWN ON SAID MAP; THENCE SOUTH 28.31'50' EAST, ALONG SAID SIDELINE, 5,57 FEET TO A POINT WHICH LIES 5,00 SOUTHERLY OF, MEASURED PERPENDICULAR TO, SAID TRAIL EASEMENT SIDELINE; THENCE SOUTH 87"35'22" WEST, PARALLEL WITH THE SOUTHERLY SIDELINE OF SAID TRAIL EASEMENT, 190.36 FEET TO THE EASTERLY BOUNDARY LINE OF LOT 1; THENCE CONTINUING SOUTH 87'35'22" WEST, PARALLEL WITH SAID SIDELINE, 104,96 FEET; THENCE SOUTH 74'23'30" WEST 28.58 FEET TO THE WESTERLY BOUNDARY LINE OF LOT 1; THENCE NORTH 09'22'06" EAST, ALONG SAID LINE, 11,03 FEET TO THE POINT OF BEGINNING. CONTAINING 1,720 SQUARE FEET, 0,039 ACRES. FILE NAME: MD3-LGL,DWG PLOT DATE: 06-30-02 G 3::"1 qo --11 GO --1.., 1 1 I')<D ~o HTuON .. ~ ..~ ~ -"' "-'-'-~ ~ < ~ ~o a Zc ID wo . ( ~~ - I "" ., \ , "":J"E ~~~ ~ - - ~ 5" ~ 0 , ~ - \ i .. ,n.8 -::;) ';::) -::) ";"'" ~ "t'1 .- ';::) "J ";"'" ~ . N ~ ~ ~~ ~~ '" '" f-- 19 69' ~ . ~ . <') 0 02",'00.( 1. '0 0 " 2 g" d -:\" S 00"'1 aJ!l."¡-.,¡- z .... ~ --' , 0"' 124, , < ~ . ~ ãi 4 502'510 ~ > . ~ > ~ '" . - ~ffi~~ffi'. >< - 0"E124,79 Q !l. ::::;!l.œ:::::; ,-, 051'0 0 z w 0 W '" 502 ~ w = a z " ". '" - ~~ °ffiwO ~ ~ > Or~~>~. => -, m ~ ~ 0 ~ z ~ ." :q cz~z«e ~o ~wlño WF~(f)œ:-w U, "'" (") .. . ~ ce '::) .,- ~ ~~~~~~.ld5 .. f- 0 0 < w w" -:' -- ~ 0 ~N!l.w '-':3 ~ 0 œ:(f)oz~ ~ '~WZ~iYO - -"" . "...J ~~~N~~ ~ UO- ... @X§X§OO -<0"°1 ~ AVM 3S0H lH3S30 EXHIBIT "B" (Property Legal Description for T.M. 01-054) Lots I through 10 of Map No. 14409, in the City of Encinitas, County of San Diego, State of California, as filed in the Office ofthe County Recorder of San Diego County on June 21, 2002 as File No. 2002-0527477.