2005-665097
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"' RECORDED AT TH'HIE'QUEST nA
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Dace 2005-0665097
1111111111111111111111111111111/ 11111111111111111111111111111111111111
Recording Requested By:
AUG 04, 2005
12:26 PM
City Engineer
OFFICIAL RECOROS
SAN OIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES 32.00
P,AGES: 9
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas. CA 92024
SPACE ABO'
IIIIII gill OWIlIIJIillIllliIlli Bill Hili 1111 1111 Bill Hili 1111111101
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PRIVATE STORM WATER TREATMENT
MAINTENANCE AGREEMENT
Assessor's Parcel No, 259-280-44.45, & 46
ProjectNo.:
W.O.No.:
TM 04-<l40 CQP
9318-G
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 Exhibit "B" attached hereto and made a '
part hereof, is entered into by Bluewater Encinitas llC, a Califomia Limited, liability Company
(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
extent the Developer retains any ownership interest in any land covered by this agreament.
WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas of
Grading Permit 04-040 TPM; and
WHEREAS, Developer is the owner of certain real property described in Exhibit "A", attached
hereto and made a part hereof, that will use and enjoy the benefit of said storm water treatment
facilities(s) (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 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 benefited by this Agreement, and present and successive owners of all or
any portion of the property are expressly bound hereby for the benefllofthe 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 ownllr.
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 Ilable under
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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 are 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 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 bome, 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 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
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 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
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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
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) 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 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.
IN WITNESS WHEREOF, the parties have executed this Agreement
This 7 day of :::JVII/ E. , 2005.
Developer: Glvc."'''-H'' 1:",..:..:~,) LLc..
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Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
'TI i57li?~ "'ffi
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No. 5907
On
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!ltk4d 4?zl;lS/;7/:
L NAM";;'; J.KR" E.G" "JANE DOE, NOTARY PUBLIC"
NAME(S) OF SIGNER(S)
pe
o personally known to me . OR -
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
S my hand and official seal.
a
(
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the docume and could prevent
fraudulent reattachment of this form,
o PARTNER(S)
o LIMITED
o GENERAL
TITLE OR TYPE OF DOCUMENT
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
SIGNER IS REPRES
NAME Of PERSON(S) OR
./
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park. CA 91309-7184
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Exhibit A: Legal Description of Property
APN 259-280-44,45,46
ALL OF PARCEL 2 THAT PORTION OF PARCELS 3 AND 4 OF CITY OF
ENCINIT AS LOT LINE ADJUSTMENT NO. 02-067 BNCDP, AS SHOWN IN
DOC NO. 2002-0615883 RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF SAN DIEGO ON JULY 23, 2002, IN THE
CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH EAST CORNER OF PARCEL 2 AS SHOWN
ON SAID LOT LINE ADJUSTMENT, THENCE ALONG T HE SOUTH LINE
OF SAID PARCEL 2, NORTH 890 27' 52" WEST, 242.00 FEET; THENCE
ALONG THE EAST LINE OF SAID PARCELS 2, 3 AND 4, NORTH 00 50' 08"
EAST, 303.34 FEET; THENCE ALONG THE NORTH LINE OF SAID
PARCEL 4, SOUTH 890 27' 39" EAST 132.00 FEET TO A POINT WHICH IS
110.00 FEET WESTERLY OF THE EAST LINE OF SAID PARCEL 4; THENCE
PARALLEL WITH THE EAST LINE OF SAID PARCEL 4, SOUTH 00 50'
08"WEST, 108.52 FEET; THENCE SOUTHERLY ALONG A TANGENT
CURVE CONCAVE TO THE EAST, HAVING A 23.00 FOOT RADIUS, THRU
A CENTRAL ANGLE OF 290 53' 41", FOR A CURVE LENGTH OF 12.00
FEET; THENCE PARALLEL WITH THE SOUTH LINE OF SAID PARCEL 2,
SOUTH 890 27' 52" EAST, 87.05 FEET; THENCE NORTHEASTERLY ALONG
A TANGENT CURVE CONCAVE TO THE NORTH WEST, HAVING A 20.00
FOOT RADIUS, THRU A CENTRAL ANGLE OF 890 42' 00", FOR A CURVE
LENGTH OF 31.31 FEET TO THE EAST LINE OF SAID PARCEL 3, THENCE
SOUTH 00 50' 08" WEST, 203.22 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL C OF THAT CERTAIN
CERTIFICATE OF COMPLIANCE RECORDED JUNE 1, 2004, AS FILE NO.
2004-0505958, OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY.
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EXHIBIT "B"
PRIVATE STORM WATER TREATMENT FACILITIES
APN 259-280-44,45,46
AN EASEMENT OVER, ALONG AND ACROSS A PORTION OF PARCEL C AS
DESCRIBED IN THAT CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT
NUMBER 2004-0505958 ON JUNE 1, 2004, IN THE COUNTY RECORDER'S OFFICE OF
SAN DIEGO COUNTY, BEING IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH WEST CORNER OF SAID PARCEL C; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL C, SOUTH 01033'42" WEST (RECORD
BEARING PER DOCUMENT NUMBER 2004-0505958: SOUTH 0050'08" WEST), 48.00
FEET; THENCE LEAVING THE WESTERLY LINE OF PARCEL C, SOUTH 88046'12"
EAST, 106.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 88046'12" EAST, 10.00 FEET; THENCE SOUTH 01033'42" WEST, 60.43 FEET TO A
TANGENT 39.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 38055'19", AN ARC
DISTANCE OF 26.49 FEET; THENCE SOUTH 37021'37" EAST, 4.76 FEET TO THE
BEGINNING OF A NON TANGENT 65.50 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, A RADIAL BEARING TO SAID CURVE BEARS NORTH 44022'33"
WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 10026'02", AN ARC DISTANCE OF 11.93 FEET TO A 16.50 FOOT RADIUS
REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 46052'54", AN ARC
DISTANCE OF 13.50 FEET TO A 39.50 FOOT RADIUS REVERSE CURVE, CONCAVE
NORTHEASTERLY; THENCE SOUTHWESTERLY, EASTERLY, AND NORTHEASTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 287025'19", AN ARC
DISTANCE OF 198.15 FEET TO A 16.50 FOOT RADIUS REVERSE CURVE, CONCAVE
EASTERLY; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 86030'42", AN ARC DISTANCE OF 24.91 FEET; THENCE SOUTH 28050'18"
EAST, 10.00 FEET TO THE BEGINNING OF A NON TANGENT 6.50 FOOT RADIUS
CURVE, CONCAVE EASTERLY, A RADIAL BEARING TO SAID CURVE BEARS NORTH
28050'18" WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 86030'42", AN ARC DISTANCE OF 9.81 FEET TO A 49.50 FOOT RADIUS
REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 109032'25", AN ARC
DISTANCE OF 94.64 FEET; THENCE SOUTH 01009'08" WEST, 47.15 FEET TO THE
NORTHERLY LINE OF SANTA FE DRIVE, BEING THE NORTHERLY LINE OF THAT 10'
WIDE PUBLIC ROAD EASEMENT RECORDED ON APRIL 9, 1959, AS DOCUMENT
NUMBER 70096; THENCE ALONG SAID NORTHERLY LINE OF SANTA FE DRIVE,
NORTH 88044'19" WEST, 12.00 FEET; THENCE LEAVING SAID NORTHERLY LINE OF
SANTA FE DRIVE, NORTH 01009'08" EAST, 47.13 FEET TO THE BEGINNING OF A NON
TANGENT 49.50 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL BEARING
TO SAID CURVE BEARS SOUTH 08006'51" WEST; THENCE NORTHERLY ALONG SAID
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K:\Land Projects 31761-1024-600Idwgleasementslcity.drainage.ease.doc Page 1 of2
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CURVE, THROUGH A CENTRAL ANGLE OF 163057'27", AN ARC DISTANCE OF 141.65
FEET TO A 6.50 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
46052'54", AN ARC DISTANCE OF 5.32 FEET TO A 75.50 FOOT RADIUS REVERSE
CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 03045'34", AN ARC DISTANCE OF 4.95
FEET TO THE BEGINNING OF A NON TANGENT 49.00 FOOT RADIUS CURVE,
CONCAVE EASTERLY, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 56050'13"
WEST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 34043'29", AN ARC DISTANCE OF 29.70 FEET; THENCE NORTH 01033'42" EAST,
60.37 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.09 ACRES OF LAND, MORE OR LESS.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION
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V / / / ~ = EASEMENT
0.09 AC.
(xxx) = RECORD DATA PER
CERTIFICATE OF COMPLIANCE
RECORDED AS DOCUMENT
SCALE 1- = 40' NUMBER 2004-0505958 ON
JUNE 1, 2004
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NL Y LINE PUBLIC RD. ESMT.
REC 4/9/59, DOC. 70096
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VICINITY MAP !lo! DRAINAGE EASEMENT Carlsbad, California 92008-~87
NO SCALE i!l (760) 931-8700 WO:761-1024-600
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L9
E 181T 8 - PAGE 1
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BIT B - PAGE 2
LINE TABLE
LINE BEARING LENGTH
L1 S01'33' 42"W 48.00
L2 S88'46'12"E 106.00
L3 N28'50'18"W 10.00
L4 N37'21'37"W 4.76
L5 N01'33' 42"E 60.43
L6 N88'46'12"W 10.00
L7 S01'33' 42"W 60.37
L8 S01'09'08"W 47.13
L9 S88'44'19"E 12.00
L10 N01'09'08"E 47.15
CURVE TABLE
CURVE LENGTH RADIUS DELTA
C1 24.91 16.50 86'30'42"
C2 198.15 39.50 287'25'19"
C3 13.50 16.50 46'52'54"
C4 11.93 65.50 10'26'02"
C5 26.49 39.00 38'55'19"
C6 29.70 49.00 34'43'29"
C7 4.95 75.50 3'45'34"
C8 5.32 6.50 46'52'54"
C9 141.65 49.50 163'57'27"
C10 94.64 49.50 109'32'25"
C11 9.81 6.50 86'30' 42"
1-1
DRAINAGE EASEMENT
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land planning, civil tnglnHrlng, lurvtylng
5115 Avenlda Encinal
SuJlt L
Carllbad, California 92008-4387
(760) 931-8700 WO:761-1024-600
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