2003-344250
. - DOC #.003-0344250
18355 MAR 275 2003 11:08 AM
Recording Requested By: ) IfFICIIt REcœoo
) 91H DIfJìO C£ltffV REr.æIR'S [fFICE
City Engineer ) ~J.SHITH,ŒUITV~
) FEES: 35.00
When Recorded Mail to: )
City Clerk ) 11111111111111111 ,.11 ///~!~!~U~J'II IIIII 11111 ,1111,./111/
City of Encinitas )
f~ 505 South Vulcan Avenue )
)Of Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY
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1.{'30~3 PRIVATE STORM WATER TREATMENT
~ NUUNTENANCEAGREEMENT
./
Assessor's Parcel No. 260-084-10&11 Project No.: 99-220
W.O.No.: 7702G
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 THE HEIRS AND DEVISEES OF MILDRED
L. RUSCH DECEASED, SUBJECT TO THE ADMINISTRATION OF THE ESTATE OF SAID
DECEDENT; EVELYN HAULDREN BEING DULY APPOINTED AND QUALIFIED
EXECUTOR, SAN DIEGO COUNTY SUPERIOR COURT CASE NO. PN 23488
(hereinafter refelTed to as "Developer") for the benefit of future owners who will use the private
storm water treatment facilities (hereinafter refelTed 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
of a subdivision 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 Attachment
"A" that will use and enjoy the benefit of said storm water treatment facilities(s). A complete
legal description of the area of said storm water treatment facilities is attached, labelled
Attachment "B", and incorporated by reference. Said real property is hereinafter refelTed 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
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18356
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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 arid 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 of the property are expressly bound hereby for the benefit of the land.
2. The cost and expense of maintaining the private stonn water treatment facilities
shall be paid by the owner of the 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 perfonned under this Agreement shall be
limited to the following: reasonable and improvements and maintenance work to adequately
maintain said private stonn 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 stonn 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 stonn water treatment facilities as
herein set forth shall commence when improvements have been completed and approved by the
City.
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6. Any extraordinary repair required to colTect damage to said stonn water treatment
facilities that results trom 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 stonn 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 hannless City,
City's engineer and its consultants and each of its officials, directors, officers, agents and
employees trom 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 refelTed 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 pwpose 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 fonn, shall be deemed to have consented to and become
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bound by these presents, including without limitation, the right of any person entitled to enforce
the tenns 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 tenns of this Agreement may be amended in writing upon majority approval
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 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 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 Common Area of the property (including the private stonn water treatment
facilities) is managed and controlled by an Association:
(a) The Association, through its Board of Directors, shall repair and maintain the
private stonn 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 perfonning 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.
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IN WITNESS WHEREO~ the parties have executed this Agreement
This /t day of ~ ,20<8.
De~' rtv -
. . ~r 1AÆ-o../..01- - ~
(Prmtname:) EI/é'Lý'P /-/4-U£J.),¿ê,(/ €"<¿""'d7i".Y?
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(Print name:)
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
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o. . 18360 .
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ATTACHMENT "An
PROJECT NO. TM 99-220
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNlA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF LOT 13 OF RIDGEWAY HEIGHTS, INlHE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 3, 1929, AND AS SHOWN ON RECORD OF
SURVEY MAP NO. 1193, FILED IN THE OFFICE OF THE COUNfY RECORDER OF SAN DIEGO
COUNTY, SEPTEMBER 20, 1945, FOR THE PURPOSE OF CORRECTING ERRORS IN THE
ORIGINAL MAP, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 13, THENCE ALONG THE
WESTERLY LINE OF SAID LOT, SOUTH 17°38'40" WEST 67.16 FEET, AND SOUTH 22°56' WEST
15.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE,
NORTH 87°50'02" EAST TO AN INTERSECTION WlTII A LINE BEARING SOUTH 7°13' EAST
FROM A POINT IN THE NORTHERLY LINE OF SAID LOT 13, DISTANT THEREON NORTH
87°50'02" EAST 150 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT; THENCE
NORTH 7° 13' WEST TO SAID POINT IN THE NORTHERLY LINE OF LOT 13, SAID POINT BEING
HEREIN IDENTIFIED AS POINT "A"; THENCE ALONG SAID NORTHERLY LINE, NORTH
87°50'02" EAST 154.79 FEET TO THE NORTIIEASTERL Y CORNER OF SAID LOT; THENCE SOUTH
7°13' EAST ALONG THE EASTERLY LINE OF SAID LOT 180.58 FEET TO THE SOUTHEASTERLY
CORNER THEREOF; TIIENCE SOUTH 89°34' WEST ALONG THE SOUTHERLY LINE OF SAID
LOT, 154.79 FEET, MORE OR LESS, TO AN INTERSECTION WITH A LINE BEARING SOUTH 7~13'
EAST FROM ABOVE MENTIONED POINT "A"; TIIENCE NORTH 7°13' WEST TO AN
INTERSECTION WITH A LINE DRA WN PARALLEL WITH AND DISTANT 12 FEET SOUTHERLY,
MEASURED AT RIGHT ANGLES, FROM A LINE BEARING NORTH 37°50'02" EAST FROM THE
TRUE POINT OF BEGINNING; THENCE SOUTII 87°50'02" WEST ALONG SAID PARALLEL LINE
TO A POINT IN THE WESTERLY LINE OF SAID LOT 13; THENCE NORTH 22°56' EAST ALONG
SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING.
PARCELB:
THAT PORTION OF LOT 13 OF RIDGEWAY HEIGHTS, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNlA, ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 3, 1929 AND AS SHOWN ON THE RECORD
OF SURVEY OF SAID RIDGEWAY HEIGHTS, FILED FOR THE PURPOSE OF CORRECTING
ERRORS IN THE ORIGINAL MAP, BEING RECORD OF SURVEY MAP NO. 1193, FILED IN THE
OFFICE OF THE COUNTY RECORDER ON SEPTEMBER 20, 1945, DESCRIBED AS FOLLOWS:
o. . '118361 .
. BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG TIlE
, WESTERLY LINE OF SAID LOT, SOUTH 17°38'40" WEST, (RECORD SOUTH 18°13'20" WEST)
67.16 FEET AND SOUTH 22°56'00" WEST 15.78 FEET TO THE SOUTHWEST CORNER OF A
PARCEL OF LAND DESCRIBED IN DEED TO PETER 1. ROMBAUT AND WIFE, RECORDED
MARCH 5, 1953, AS DOCUMENT NUMBER 30123, IN BOOK 4771, PAGE 112 OF OFFICIAL
RECORDS; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 87°50'02"
EAST ALONG mE SOUTHERLY LINE OF SAID LAND TO THE SOUTHEASTERLY CORNER
THEREOF, SAID CORNER BEARlNG SOUTH 07"13'00" EAST FROM A POINT IN THE
NORTHERLY LINE OF SAID LOT 13, DISTANT THEREON NORm 87°50'02" EAST (RECORD
NORm 89°34'00" EAST) 150.00 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE
ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID ROMBAUT
LAND, SOUTH 07°13'00" EAST TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 13; TIŒNCE
ALONG THE SOUTHERLY LINE OF SAID LOT, SOUTH 89°34'00" WEST 238.04 FEET, MORE OR
LESS, TO THE SOUTHWEST CORNER mEREOF; THENCE ALONG mE WESTERLY LINE OF
SAID LOT, NORm 22°56'00" EAST 100.00 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE NORmERLY 12.00 FEET THEREOF, SAID 12.00 FEET
MEASURED AT RIGHT ANGLES FROM THE NORTIIERL Y LINE mEREOF.
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SHEET 1 OF 2
ATTACHMENT "B"
LEGAL DESCRIPTION
STORM WATER TREATMENT FACILITIES AREA
THOSE PORTIONS OF LOT 13 OF RIDGEWAY HEIGHTS, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JULY 3, 1929, AND AS SHOWN ON RECORD OF SURVEY
MAP NO. 1193, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPTEMBER 20,1945, FOR THE PURPOSE OF CORRECTION
ERRORS IN THE ORIGINAL MAP, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 13; THENCE
ALONG THE SOUTHERLY LINE THEREOF SOUTH 89°54'37" EAST(RECORD
SOUTH 89°34' EAST), 3.27 FEET TO A LINE RUNNING PARALLEL WITH AND
DISTANT 3.00 FEET SOUTHEASTERLY FROM THE NORTHWESTERLY LINE
THEREOF; THENCE ALONG SAID PARALLEL LINE NORTH 23°29'44" EAST
(RECORD NORTH 22°56' EAST), 44.37 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID PARALLEL LINE, NORTH 60°26'42" EAST, 41.36 FEET;
THENCE NORTH 88°00'12" EAST, 21.20 FEET; THENCE NORTH 1°59'48" WEST,
4.00 FEET; THENCE SOUTH 88°00'12" WEST, 24.34 FEET; THENCE SOUTH
60°26'42" WEST, 33.78 FEET TO THE HEREINABOVE DESCRIBED PARALLEL LINE;
THENCE ALONG SAID LINE SOUTH 23°29'44' WEST, 8.32 FEET TO THE TRUE
POINT OF BEGINNING.
ATTACHMENT B storm water maintenance agree.doc
18363
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ATTACHMENT "B"
STORM WATER TREATMENT FACILITIES AREA
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{,s LOT 1
TPM 99-220
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POB
LINE TABLE
LINE LENGTH BEARING
L1 3,27 S89'54'37'E
L2 44,37 N23'29' 44'E
L3 41.36 N60'26' 42'E
L4 21.20 N88'00'12'E
L5 4,00 N01'59' 48'1,,/
L6 24,34 S88'00'12'1,,/
L7 33.78 S60'26'42'1,,/
L8 8,32 S23'29' 44'1,,/
é1 SCALE: 1" = 20'
1"""""1 - ,
0 20 40
~ SAN DEØUlTO ENCiINEEfINi, INC. VIIIII/il 111
44D7 MANCHESTER, SUITE 1D5 INDICATES STORM WATER
ENCINITAS, CA. 92024 TREATMENT FACILITIES AREA
PHONE: (760) 753-5525
ClVL ENGINEERING ' PLANNINØ
LAND SURVEYWG
U,\ldQ to \surveys\4578surv\dwg\PIQ ts\4578_SI.'TF _ATT -B,dwg 1/30/2003 SDE 4578
. " . 18364 .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California } ss.
County of ~ ^lfÍL"7.b
On ftr?r (ß. ZcO3 , before me, LL~
D...
personally appeared f:\J£L'jù
D personally known to me
!Jii proved to me on the basis of satisfactory
evidence
¡ - - - - - ~U;A-C;TH~ - ~ to be the person(st whose name(at is/aæ
subscribed to the within instrument and
- ~ Cornmission 111218673 acknowledged to me that Relshe/they executed
~ . , Notary Public - CalIfornia f the same in h.islher/tl:leif authorized
~ San Diego Caunfy f capacity(ÌB$), and that by l:Ii6/her/tReir
- - - -My,:=o=:~~~~~ signature(st on the instrument the person(aj, or
the entity upon behalf of which the person(~
acted, executed the instrument.
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PI." No"", S..I Abo,e
I OPTIONAL
I
I, Though the information below is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent removel and reattachment of this form to another document.
Description of Attached ~cument I
Title or Type of Document: t.li)An: S"ØttU. WÅ"'\t.12- T1«A-n..t1àJí M.A-~Ur ~~
Document Date: ~fib l~) Zco3 Number of Pages: cr +-,..c.. ¿..
-
Signer(s) Other Than Named Above: .,...-
Gapacity(ies) GI~ed by Si9~~~
Signer's Name: fu,: D
D Individual .
Top of thumb hece
D Corporate Officer - Titie(s):
D Partner - D Limited D Generai 'I
D Attorney in Fact 1
D Trustee
D Guardian or co~rvator
!$..Olher: tá- Ù~
Signer Is Representing: Mu.-\~~~ L. tLù~, h~ehótÙ
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@ 1997 N.lio",1 Not.". A"ooletloo . 9350 De Solo A'e . PO. 80> 2402 . Ch."worth, CA 91313.2402 Pcod No. 5907 Roocdec C.II TolI-Fcee 1-800-876.6827