2001-290316
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REÇO~DED AT"H~ ~£QUø. DOC 82001-0290316
CHICAGo jlTLf co.
MAY 08. 2001 4:08 PM
Recording Requested By: ) lfFICIAL Ii'ECffiDS
)
r:f6 City Engineer ) ()(ì,66 SAN DIEOO COUNTY Ii'EcœDER'S OFFICE
1.1..1 GREGœV J. SMITH, cæNTV RECffiDER
) FEES: 29.00
~~ When Recorded Mail to: \ \II\\!\\II\ 11111 11111 IIII 111111 11111 IIIII IIIII 11111 IIIII IIIII IIII 1111
City Clerk
~ City of Encinitas
\ 505 South Vulcan Avenue 2001-0290316
Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY
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(fJJ J,JY1 PRIVATE ROAD
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17.') -0 I MAINTENANCE AGREEMENT
~R TM 98-306
\.(' ./ ¡/'c./ ¡/'~
Assessor's Parcel No. 254-411-03.04.05.07 and 254-412-01.02
W.O.No.: 6816 - GR
THIS AGREEMENT for the maintenance and repair of that certain private road easement, the
legal description and/or plat of which is set forth in Exhibit "A" attached hereto and made a part
hereof, is entered into by STANDARD PACIFIC CORP.. a Delaware Corooration (hereinafter
referred to as "Developer") for the benefit of future subdivision lot owners who will use the
private roads (hereinafter referred to as "lot owners", which shall include the Developer to the
extent the Developer retains any ownership interest in any lot or lots).
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 being subdivided and
developed as TPM 98-306 that will use and enjoy the benefit of said road easement. A
complete legal description of said real property is attached, labelled Exhibit "A", 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 road be maintained in a safe
and usable condition by the lot owners; and
WHEREAS, it is the desire of the Developer to establish a method for the maintenance and
repair of said private road easement and for the apportionment of the expense of such
maintenance and repair among existing and future lot owners; and
. . 9967
WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant
running with the land, binding upon each successive lot 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 lot
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 road easement shall be divided
equally among the subdivided parcels created in the subdivision and paid by the lot 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
lot 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 unless the consent for additional work is agreed to by a majority vote of
the lot owners owning 100% of the number of parcels, including subdivisions thereof as
described in Paragraph 3 above: reasonable and normal road improvement and maintenance
work to adequately maintain said private road easement to permit all-weather access and
conveyance of storm flows. Repairs and maintenance under this Agreement shall include, but is
not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds,
repairing and maintaining drainage structures, removing debris, maintaining signs, markers,
striping and lighting, if any, and other 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 as a condition of
subdivision approval to make private road improvements to the private road easement, the
obligation to repair and maintain the private road easement as herein set forth shall commence
when the private road improvements have been completed and approved by the City.
6. Any extraordinary repair required to correct damage to said road easement that
results from action taken or contracted for by lot 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
I
. . 9968
the extraordinary repair. The repair shall be such as to restore the road easement to the condition
existing prior to said damage.
7. It is agreed that Developer is initially the agent to contract and oversee and do all
acts necessary to accomplish the repairs and maintenance required and/or authorized under this
Agreement. Developer further agrees that the agent may at any time be replaced at the direction
of a majority of the lot owners. Repair and maintenance work on the private road easement shall
be commenced when a majority of the lot owners agree in writing that such work is needed. The
agent shall obtain three bids from licensed contractors and shall accept the lowest of said three
bids and shall then initiate the work. The agent shall be paid for all costs incurred including a
reasonable compensation for the agent's services, and such costs shall be added to and paid as a
part of the repair and maintenance costs; provided, however, that compensation for the agent's
services shall in no event exceed an amount equivalent to 10% of the actual cost of repairs and
maintenance performed. In performing his duties, the agent, as he anticipates the need for funds,
shall notify the parties and each party shall within forty-five (45) days pay the agent, who shall
maintain a trustee account and also maintain accurate accounting records which are to be
available for inspection 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 owner 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 California Civil Code Section 845, and shall be
entitled to recover in such action in addition to the funds advanced, interest thereon at the current
prime rate of interest, until paid, all costs and disbursements of such action, including such sum
or sums as the Court may fix as and for a reasonable attorneys 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 maintenance under this Agreement, or to third
persons, as well as any 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 arising out of repairs and maintenance under this
Agreement, shall be borne, as between the lot owners in the same percentages as they bear the
costs and expenses of such repairs and maintenance. Each lot owner shall be responsible for and
maintain his 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. Each of the lot
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
maintenance 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 consultants and each of its officials, directors, officers, agents and
--
. . 9969
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 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 related to the use of, repair or maintenance of, or the failure
to repair or maintain the private road easement.
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.
II. 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 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 lot 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 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.
14. The terms of this Agreement may be amended in writing upon majority approval
of the lot 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 1351(a), anything in this Agreement to
the contrary notwithstanding, the following provisions shall apply at and during such time as (i)
. . 9970
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 road easement) is
managed and controlled by an Association:
(a) The Association, through its Board of Directors, shall repair and maintain the
private road easement 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.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the , Ø 'Þ-- day of ItfY'i I ,200..
~-þ. A~r..( ¡?¡:¡'" -he fA'f'
Developer: ?:, ~ '-.. ~
(Print name:) ~~ ~I ~t).,~/I'Zt'"
~It~f¡~
(Print name:)
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
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99'71
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California } ss.
County of 5t1.1'1 1))"0
on4~1 I~ ZWI ,before me,
D,I.t
personally appeared
M personally known to me
D proved to me on the basis of satisfactory
evidence
J - - - - :=:~ - f to be the person~ whose name~ is/-
18 NDIay P\Æ) c - CaIIfar*J ~ subscribed to the within instrument and
~ - - - -My~~~~t acknowledged to me that he/sAe4Rey executed
the same in his/~ authorized
capacity~), and that by his/hefAAeif
signature()l:) on the instrument the person~, or
the entity upon behalf of which the person~
acted, executed the instrument.
WITN~ an~~
PI", Nol'", S", Ab". Slgo"""oINoI"" P,b",
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying Dn the document
and could prevent fraudulent removal and reaffachment Df this form to another document
Description of Attached!;1c':);nt(¡;f d!¡ ¡Ç,
Title or Type of Document: 'VI 1141r?~'" r~ ....
-"Ir- ~
Document Date: 4- 1,'1 /11 J Number of Pages: ì
Signer(s) Other Than Named Above:
Capacity(ies) Claimed bYgi~ner \.1 h 1At/
Signer's Name: ,,^
0 Individual .
J¡ Corporate Officer - Title(s): ~1hu"'; 7~j ~rt'vr.->p,-})';" Top of Ihumb h.c.
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other: 5þ,..,¡"rJ ~~(¡~
Signer Is Representing: {,g,p,
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9972
RBF Consulting
14725 Al ton Parkway
Irvine, California 9261B
March B, 2001
EXHIBIT "A" IN 10-101080,Ole
TRACT NO. 98-306 Page 1 of 2
That certain parcel of land situated in the City of Encinitas, County of San
Diego, State of California, being that portion of Parcel 4 of Parcel Map No.
13497, together with those portions of Lots 1, 2 and 3 and all of Lot 4 in Block
H, and that portion of Lot 2 and all of Lot 1 in Block I, and also together with
those portions of Olympus Street, Caudor Street and Sparta Drive, all as shown
on the map of South Coast Park Annex according to Map No. 1788 filed in the
Offi ce of the County Recorder of San Di ego County, descri bed as a whole as
fo 11 ows:
BEGINNING at the centerline intersection of Caudor Street and Olympus Street as
shown on City of Encinitas Tract No, 90-155 recorded as Map No. 13325 in said
Office of the San Diego County Recorder; thence along the realigned centerline
of said Olympus Drive as shown on said map through the following courses:
North 01°39'00" East 166.34 feet to the beginning of a tangent curve concave
southwesterly and havi ng a radi us of 200.00 feet; thence along sai d curve
northerly, northwesterly, westerly and southwesterly 536.27 feet through a
central angle of 153°37'51" to a point of reverse curvature with a curve concave
northwesterly and having a radius of 200.00 feet, a radial line of said curve
from said poi nt bears North 61 °58 I 51" West; thence along sai d curve southwesterl y
142.11 feet through a central angle of 40°42'38"; thence tangent from said curve
South 68°43147" West 209.72 feet to an angle point therein; thence leaving said
realigned centerline and continuing along said centerline as shown on said Map
No. 1788 South 82°33'04" West 48.26 feet to a point which bears
North 08°49'02" West from the northeasterly corner of the land described in a
Grant Deed to the State of California, recorded February II, 1963 as File No.
24557 of Official Records; thence South 08°49102" East 25,01 feet to said
northeasterly corner; thence along the general easterly line of said land of the
State of California through the following courses: South 65°44'22" West 125.01
feet; thence South 14°37'55" East 300.09 feet; thence South 14°23123" East 775.18
feet; thence North 81°49'03" East 261.20 feet; thence South 09°46'39" East 10.97
feet to the southeasterly corner of said land; thence leaving said general
easterly line, continuing South 09°46139" East 25.00 feet to the centerline of
Sparta Drive as shown on said Map No. 1788; thence along said centerl i ne
North 80°18'55" East 26.04 feet to an angle point therein; thence continuing
along said centerline through the following courses: North 59°38'37" East 178.35
feet; thence North 68°33122" East 57.81 feet to the beginning of a tangent curve
. - .'
RBF Consulting . . March 8,2001
Exhibit "A" 9973 JN 10-101080,01e
Tract No, 98-306 Page 2 of 2
concave northwesterly and having a radius of 143.20 feet; thence along said curve
northeasterly 100.04 feet through a central angle of 40°01134"; thence tangent
from said curve North 28°31'48" East 122.06 feet; thence North 16°49'45" East
133.32 feet to the beginning of a tangent curve concave westerly and having a
radius of 286.50 feet; thence along said curve northerly 129,13 feet through a
central angle of 25°49127" to an intersection with the centerline of Olympus
Drive as shown on said map; thence continuing along said centerline of Sparta
Dri ve non-tangent from sai d curve South 79°22 I 25" East 160.25 feet to the
beginning of a tangent curve concave northerly and having a radius of 284.89
feet; thence along said curve easterly 157.47 feet through a central angle of
31°40'14"; thence tangent from said curve North 68°57121" East 179.22 feet to the
easterly line of said Map No. 1788; thence leaving said centerline, along said
easterly line North 00°44'23" East 123.14 feet to an angle point therein; thence
continuing along said easterly line North 05°11141" West 797.19 feet to the
southeasterly corner of the land described in a deed to Dr, 0, Z. Hanish dated
April 14, 1926 and recorded in Book 1306, Page 20 of Deeds in said Office of the
San Diego County Recorder; thence along the southerl y 1 ine of said land
South 85°35'54" West 336.39 feet to the centerline of said Caudor Street as shown
on said Map No. 1788; thence along said centerline South 04°30117" East 272.51
feet to the begi nni ng of a tangent curve therei n concave northwesterly and havi ng
a radius of 168.50 feet; thence along said curve southerly and southwesterly
260.18 feet through a central angle of 88°28113"; thence continuing along said
centerl i ne, tangent from sai d curve South 83°57' 56" West 61. 57 feet to the POINT
OF BEGINNING,
CONTAINING: 31.06 Acres, more or less
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
Joh