2002-550654
RECORDED AT. THE REQUEST OF. DOC #.002-0550654
COMMONWF-ALTH LAND TITLE COM PAN.
~ JUN 28. 2002
4:l? P~'1!
Recording Requested By: )
) OFFICIAL RECORDS
City Engineer ) SAN DIEGO COUNTY RECORDER'S OFFICE
) 039563 GREGORY J. SMITH, CDUNTY RECORDEP
When Recorded Mail to: ) FEES: 23.00
City Clerk ) 1111111111111111111111111111111111111111111111111111111111111111111111
City of Encinitas )
~ 505 South Vulcan Avenue
Encinitas. CA 92024 , ~" .~~OP~;9~~6~. ~n .~w.J)ER'S USE ONLY
;<:'F6 (!) C. l{'? - 7-
';u'-O'ZU PRIVATE STORM WATER TREATMENT
C'-", ),r MAINTENANCE AGREEMENT
,
Assessor's Parcel No. 260-281-01 Project No.: TM 99-230
W.O.No.: 7198-FM
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 Rossini Park Estates. LLC. A California
Limited Liability Co.
(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 shan include the
Developer to the extent the Developer retains any ownership interest in any land covered by this
agrement.
WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas
of a subdiyision 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
WHEREAS, Developer is the owner of certain real property and developed as Exhibit "A"
that will use and enjoy the benefit of said storm water treatment facilities(s). A complete legal
description of said real property described and shown on Final Parcel Map TM 99-230 as item K
approyed by the City Engineer of the City of Encinitas on June 20, 2002 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 priyate storm water treatment system
be maintained in a safe and usable condition by the owners; and
. 89564
WHEREAS, it is the desire of the Developer to establish a method for the periodic
maintenance and repair of said priyate 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 the priyate 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 benefited 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 priyate storm water treatment facilities
shall be paid by the owner of the heirs, assigns and successors in interest or each such owner.
3. In the eyent any of the herein described parcels ofland 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 improyements 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 priyate storm water treatment
facilities for their intended purposes.
5. If there is a coyenant, 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 improyements have been completed and approved by the
City.
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. . 039565
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 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 priyate storm water treatment facilities.
Nothing in the Agreement, the specifications or other contract documents or City's
approyal 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 of the 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 coyenant 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
. . 0:19566
the terms of this Agreement to institute legal action as proyided in Paragraph 8 hereof, such
remedy to be cumulatiye and in addition to other remedies provided in this Agreement and to all
other remedies at law or in equity.
14. The terms of this Agreement may be amended in writing upon majority approyal
of the owners and consent of the 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 inyalid by any
court of competent jurisdiction, the yalidity, and enforceability of the remaining proyisions 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
135l(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 proyide 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 haye the right to alter, maintain or repair any of the
Common Area (as defined in California Civil Code Section 135l(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.
IN WITNESS WHEREOF, the parties have executed this Agreement
This ,;JúrU- day of jutJE ~c -
Deyeloper: , ,:~~
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(Print name:) ¿¿ C. I /l C/;L¡'R:!/tJf¡) /// t-; /ltJ ;£/77 &rn!?/JÞ 7
. . 03956'7
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California } ss.
County of ':..?-:t/(/1 ./)1: /gn
arC¡)?/'?' ~,j!)()Ó-J, before m~~)OIi t: . ¡í¡ (i..-t..iJOt) /? AJð!fI-te~ (1)¡?¡)..I,L.
Dol Nama"d"tlao!O';"e¡,.,.."J,"'D",Nota"P""'1
personally appeared /110/17 A-:::i e. c'"5lf-A) ¡:;o RD ,
Nama¡'1 01 S;,ooe('1
0 personally known to me
~roved to me on the basis of satisfactory
f@ - ;";",,- 1 evidence
_.. RANDA G. MILLJOUR " to be the person(s) whose name(s)(Øre
g '. NOTARY PUBLlC-CALIFORNIAI!; subscribed to the withi instrument and
'" . COMM. NO. 1204250 :..
, SAN DIEGO COUNTY acknowledged to me e e/they executed
MY COMM. EXP. JAN. 6, 2003 the same in . er/their ~horized
capacity(ies), and that by his er/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
PI", Nota" S..I A'o",
OPTIONAL
Though the information beiow is not required by iaw. it may prove vaiuable to persons reiying on the document
and couid prevent fraudulent removal and reaffachment of this lorm 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:
0 Individual .
Top 01 th,mb hac'
0 Corporate Officer - Titie(s):
~ Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other: J....,Cc.-
Signer Is Representing:
"1997 Nafio,,1 Nota"^",,¡",,o'9350 Da Solo"'.. P.o. Bü< 2402'Ch",worth,CA 91313-2402 P,od. No. 5907 A,oed,c c", To"-Fe.. 1-800-876-6827
. . .. . . 039568
1071065
Page 3
EXHIBIT "A"
PARCEL 1:
Lot 14 in Block 104 of Cardiff Vista, in the County of San Diego, State of California,
according to Map thereof No. 1547, fIled in the Office of the County Recorder of San
Diego County, March 18, 1913.
PARCEL 2:
A private road and public utility easement, over, under, along and across all that portion of
Lot 13 of Block 104 of Cardiff Vista, in the City of Encinitas, County of San Diego, State
of California, according to Map thereof No. 1547, fIled in the Office of the County
Recorder of San Diego County, March 18, 1913, being more particularly described as
follows:
Beginning at the Southeast comer of Lot 14 of Block 104 of said Map 1547; thence
Northerly along the Easterly line of said Lot 14, North 0° 43' 27" East, a distance of 14.47
feet (record North 00 41' 30" East, Map 1547); thence leaving said Easterly line, South
470 53' 41" East, a distance of 16,66 feet to an intersection with the Northerly right of way
line of Slleffield Avenue, as shown on said Map 1547, also being the beginning of a non-
tangent 340.15 foot radius curve, concave Southeasterly, having a radial bearing to said
point of North 13 0 38' 59" West; thence Southwesterly along the Northerly right of way of
said Sheffield Avenue and the arc of said curve, through a central angle of 1053' 36" a
distance of 11.24 feet; thence tangent to said curve, South 74027' 25" West, a distance of
1.73 feet to the Point of Beginning.
APN: 260-281-01