1999-483635
'. "! . 2795 DOC 81999-0483635
JUL 13. 1999 9:12 AM
Recording Requested by: ) IJFICIrt. REcœœ
) Sit! DIEoo C!OOY REcœDER' S OFFICE
City of E cinitas ) GmlIRV J. SMITH. roJffi' RECIJOO
) ms: 47.00
When Reco ded Mail To: )
~ city Cler ) 1IIIIIIIIIillll~~III~~I~1
City of E cinitas )
505 S. Vu can Avenue ) SPACE J
II~ nc'n t C 1999-0483635
PRJ:VATB ROAD AND DUJ:NAGB FACJ:LJ:TJ:BS
MAJ:NTBNAIITCB AGRBBKBNT
FOa Alexandra Lane & H~ton Court
Assessor' Parcel Project No.: TM 98-110
No. 254-63-03 W.O. No.: 5722-IR
THIS AGREEMENT for the maintenance and repair of that certain
private r ad easement, the legal description and/or plat of which
is set fo h in Exhibits ~ attached hereto and those private
drainage acilities, the legal description and/or plat of which is
set forth in Exhibits N/A attached hereto and made a part
hereof, i entered into by Shea Homes Limited Partnership,
a Califor ia limited (hereinafter referred to as
"Develope ") for the benefit of future subdivision lot owners who
will use he private road easement (hereinafter referred to as "lot
owners", hich shall include the Developer to the extent the
retains any ownership interest ~n any lot or lots).
WE AS, this Agreement is required as a condition of approval
by the ci y of Encinitas of a subdivision project as defined in
section 2 065 of the Public Resources code and pursuant to city of
Encinitas Municipal Code Section 24.16.060 and section 24.29.040:
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and,
, Developer is the owner of certain real property being
and developed as TM 98-110 that will use and
of said road easement. A complete legal
real property is attached, labeled Exhibit ~
orated by reference. Said real property is hereinafter
0 as the "property"; and
, it is the desire of the Developer that said private
road ease ent and drainage facilities be maintained in a safe and
usable co dition by the lot owners; and
WE , it is the desire of the Developer to establish a
method fo the maintenance and repair of said private road easement
and drain ge facilities and for the apportionment of the expense of
such main enance and repair among existing and future lot owners:
and
WE AS, it is the intention of the Developer that this
Agreement constitute a covenant running with the land, binding upon
each succ ssive lot owner of all or any portion of the property.
NOW THERE ORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The property is benefitted by this Agreement, and present
and succe sive lot owners of all or any portion of the property are
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express 1 bound hereby for the benefit of the land.
2. The cost and expense of maintaining the private road
easement nd drainage facilities shall be divided equally among the
subdivid parcels created in the subdivision and paid by the lot
owner of e heirs, assigns and successors in interest or each such
owner.
3. In the event any of the herein described parcels of land
are subd'vided further, the lot owners, heirs, assigns and
successor in interest of each such newly created parcel shall be
liable u der this Agreement for their then pro rata share of
expenses nd such pro rata shares of expenses shall be computed to
reflect s ch newly created parcels.
4. The repairs and maintenance to be performed under this
Agreement shall be limited to the following unless the consent for
additiona work is agreed to by a majority vote of the lot owners
owning 1 0% of the number of parcels, including subdivisions
thereof a described in Paragraph 3 above: reasonable and normal
road impr vement and maintenance work to adequately maintain said
private r ad easement and drainage facilities to permit all-weather
conveyance of storm flows. Repairs and maintenance
Agreement shall include, but is not limited to, filling
of chuc repairing cracks, repairing and resurfacing of
roadbeds, repairing and maintaining drainage structures, removing
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debris, intaining signs, markers, striping and lighting, if any,
and othe work reasonably necessary and proper to repair and
preserve the easement for all-weather road purposes.
5. If there is a covenant, agreement, or other obligation
imposed a a condition of subdivision approval to make private road
improveme ts to the private road easement, the obligation to repair
and main in the private road easement as herein set forth shall
commence hen the private road improvements have been completed and
approved
6. Any extraordinary repair required to correct damage to
said road easement or drainage facility that results from action
taken or contracted for by lot owners or their successors in
interest hall be paid for by the party taking action or party
contracti g for work which caused the necessity for the
extraordi ary repair. The repair shall be such as to restore the
road ease ent or drainage facility to the condition existing prior
to said d mage.
7. It is agreed that Developer is initially the agent to
contract nd oversee and do all acts necessary to accomplish the
repairs d maintenance required and/or authorized under this
Agreement Developer further agrees that the agent may at any time
be replac d at the direction of a majority of the lot owners.
Repair an maintenance work on the private road easement and
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2799
drainage facilities shall be commenced when a majority of the lot
owners ag ee in writing that such work is needed. The agent shall
obtain ree bids from licensed contractors and shall accept the
said three bids and shall then initiate the work. The
1 be paid for all costs incurred including a reasonable
for the agent's services, and such costs shall be
as a part of the repair and maintenance costs;
that compensation for the agent's services shall
in no eve t exceed an amount equivalent to 10% of the actual cost
and maintenance performed. In performing his duties,
as he anticipates the need for funds, shall notify the
each party shall within forty-five (45) days pay the
shall maintain a trustee account and also maintain
accurate accounting records which are to be available for
inspectio by any party or authorized agent upon reasonable
request. All such records shall be retained by the agent for a
period of five years.
8. Should any lot owner fail to pay the pro rata share of
costs and expenses as provided in this Agreement, then the agent or
any lot 0 er or owners shall be entitled without further notice to
institute legal action for the collection of funds advanced on
behalf of such lot owner in accordance with the provisions of
Californi Civil Code Section 845, and shall be entitled to recover
,
in such a tion in addition to the funds advanced, interest thereon
at the cu rent prime rate of interest, until paid, all costs and
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disburse nts of such action, including such sum or sums as the
Court ma fix as and for a reasonable attorney's fees.
9. Any liability of the lot owners for personal injury to
the agent hereunder, or to any worker employed to make repairs or
provide m intenance under this Agreement, or to third persons, as
well as a y liability of the lot owners for damage to the property
of agent, or any such worker, or of any third persons, as a result
of or ari ing out of repairs and maintenance under this Agreement,
shall be orne, as between the lot owners in the same percentages
as they bear the costs and expenses of such repairs and
maintenan e. Each lot owner shall be responsible for and maintain
his own i surance, if any. By this Agreement, the Developer does
not inten to provide for the sharing of liability with respect to
personal njury or property damage other than that attributable to
the repai s and maintenance undertaken under this Agreement. Each
of the 10 owners agrees to indemnify the others from any and all
liability for injury to himself or damage to his property when such
injury or damage results from, arises out of, or is attributable to
any maint nance or repairs undertaken pursuant to this Agreement.
10. Lot owners shall jointly and severally defend and
indemnify and hold harmless City, city's engineer and its
consultan s and each of its officials, directors, officers, agents
and emplo ees from and against all liability, claims, damages,
losses, e penses, personal injury and other costs, including costs
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of de fen e and attorney's fees, to the agent hereunder or to any
lot owner any contractor, any subcontractor, any user of the road
easement, or to any other third persons arising out of or in any
way relat d to the use of, repair or maintenance of, or the failure
to repai or maintain the private road easement or drainage
facilitie .
Noth "ng in the Agreement, the specifications or other contract
documents or city's approval of the plans and specifications or
inspectio of the work is intended to include a review, inspection
acknowled ement of a responsibility for any such matter, and City,
City's en ineer and its consultants, and each of its officials,
directors officers, employees and agents, shall have no
responsib lity 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 each of the lot
owners an each and every person who shall at anytime own all or
any porti n 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,
successor, and assignees of each of the lot owners.
13. It is the purpose of the signatories hereto that this
instrumen be recorded to the end and intent that the obligation
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hereby c eated shall be and constitute a covenant running with the
land and ny subsequent purchaser of all or any portion thereof, by
acceptan e of delivery of a deed and/or conveyance regardless of
form, to have consented to and become bound by
these pr sents, including without limitation, the right of any
person en itled to enforce the terms of this Agreement to institute
provided in Paragraph 8 hereof, such remedy to be
cumulativ 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 majo ity approval of the lot owners and consent of the city.
15. This Agreement shall be governed by the laws of the state
of Califo ia. 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
Developme t" as defined in California Civil Code Section 1351 (c)
which wil include membership in or ownership of an "Association"
as define in California Civil Code Section 1351(a), anything in
this Agr ment to the contrary notwithstanding, the following
provision shall apply at and during such time as (i) the Property
is encumb red by a "Declaration" (as defined in California Civil
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Code Sec ion 1351(h), and (11) the Common Area of the property
(includi g the private road easement) is managed and controlled by
(a) The Association, through its Board of Directors, shall
repair maintain the private road easement and drainage
faciliti s and shall be deemed the "agent" as referred to in
7 above. The Association, which shall not be replaced
except amendment to the Declaration, shall receive no
compensation for performing such duties. The costs of such
e and repair shall be assessed against each owner and his
n interest in the Property pursuant to the Declaration.
ments shall be deposited in the Association's corporate
account.
(b) The provisions in the Declaration which provide for
assessmen liens in favor of the Association and enforcement
thereof supersede Paragraph 8 of the Agreement in its
entirety. No individual owners shall have the right to alter,
maintain r repair any of the Common Area (as defined in California
section 1351(b) in the Property except as may be allowed
by the De laration.
(c) This Agreement shall not be interpreted in any manner
which re uces or limits the Association's rights and duties
pursuant 0 its Bylaws and Declaration.
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IN ITNESS WHEREOF, the parties have executed this Agreement
on the :2'-1-1-1-, day of Ma.r ' 19<1<'1 .
Developer:
Shea Homes Limited Partnership,
a California limited partnership
By: J. F. Shea Co., Inc., a Nevada
corporation, General Partner
By:
By:
Signature of DEVELOPER must be notarized. Attach
the appropriate acknowledgement.
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)
) 8.8.
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On May 24, 999, before me, 8usan 1. Trimingham, Notary Public, personally appeared Richard
Gustafson d Dale Holbrook personally known to me to be the persons whose names are
subscribed to the within instnunent and acknowledged to me that they executed the same in their
authorized c acities, and that by their signatures on the instnunent the persons, or the entity upon
behalf of will h the persons acted, executed the instnunent.
t-~"-~~~~~~f
- @ ~, 1126478
Notary FUbIc - ~
San DIego CCU1Iy -
co 1- - - ~Y:':" ~~_26.~ I
06
EXHIBIT -A-
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~ 72' WIDE PUBLIC RQAO AND PUBLIC
VI /JT1UTY EASEMENT ro THE CRY OF
ENCINITAS PER MAP NO, 1JJ56
I
I
'RIVA TE ROAD PiA T FOR S ~
ENCINITAS RANCH
SJ¡ ONIA EAST ~ DEVONSHIRE &
5-25-99 5(.{)()2X21.0WG 5(.{)()2.10
. 2807 .
EXHIBIT B
PRIVATE ROAD
LEGAL DESCRIPTION
ALL THAT ORTION OF LOT 56 OF CITY OF ENCINITAS TRACT NO. 94-066 IN THE
CITY OF E CINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE M P THEREOF NO. 13356 RECORDED IN THE OFFICE OF THE RECORDER
OF SAID S N DIEGO COUNTY SEPTEMBER 4, 1996, BEING A 60 FOOT WIDE STRIP
OF LAND 3 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNIN AT THE NORTHEAST CORNER OF SAID LOT 56;
THENCE A ONG THE EASTERLY LINE OF SAID LOT 56 SOUTH 5°09'47" WEST,
172.90 FEE TO THE BEGINNING OF A TANGENT 550 FOOT RADIUS CURVE,
CONCAVE ORTHWESTERL Y;
THENCE S UTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL NGLE OF 44°37'13", A DISTANCE OF 428,32 FEET;
THENCE S UTH 49°47'00" WEST, 258.72 FEET;
THENCE LAVING SAID EASTERLY LINE NORTH 40° 13'00" WEST, 36.00 FEET TO
THE TRUE OINT OF BEGINNING'
THENCE C NTINUING NORTH 40°13'00" WEST, 51.14 FEET TO THE BEGINNING OF
A TANGEN 210 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE N RTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 5°08'36", A DISTANCE OF 165.46 FEET;
THENCE N RTH 4°55'36" EAST, 61.41 FEET TO A POINT HEREINAFTER REFERRED
TO AS "POI TAu;
THENCE C NTINUING NORTH 4°55'36" EAST, 199,96 FEET TO THE BEGINNING OF
A TANGEN 50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE E STERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 7°22'23", A DISTANCE OF 67,52 FEET;
THENCE N RTH 82°17'59" EAST, 86.50 FEET; TO THE TO THE BEGINNING OF A
TANGENT 00 FOOT RADIUS CURVE CONCAVE SOUTHERLY;
THENCE E STERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF °07'06", A DISTANCE OF 74.75 FEET;
THENCE N RTH 88°25'05" EAST, 100.64 FEET TO THE CENTER OF A 45.00 FOOT
RADIUS C L-DE-SAC,
TOGETHE WITH TO 60 FOOT WIDE STRIP OF LAND 30 FEET EACH SIDE OF THE
FOLLOWIN DESCRIBED CENTERLINE:
BEGINNIN AT THE POINT PREVIOUSLY DESCRIBED AS "POINT A";
THENCE N RTH 88°07'52" EAST, 274.20 FEET;
THENCE S UTH 1 °52'08" EAST, 20.00 FEET TO THE CENTER OF A 45.00 FOOT
RADIUS C L-DE-SAC.
S8&0. INC. E"ci"it", Ranch - Sid..ia E",'
Jab Na, 54002.00, '" 25, 1999 D,15400211.gaIs154002JD
. 2808 .
EXHIBIT "C"
PROJECT NO 98-110
PROPERTY DESCRIPTION
LOT 56 OF ITY OF ENCINITAS TRACT NO. 94-066 IN THE CITY OF ENCINITAS,
COUNTY 0 SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP
THEREOF 0,13356 RECORDED IN THE OFFICE OF THE RECORDER OF SAID
SAN DIEG COUNTY SEPTEMBER 4, 1996.
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