2005-742142
"
~~
Wuf
\
U{Y\ J)
cUi
! j
.~
.
i lllllllrulllllmllllllll~rul~rnli~1 ~1~1~1111~11i111111
Recording Requested By:
)
)
)
)
)
)
)
)
)
AUG 29, 2005
11 :39 AM
City Engineer
CiFFICL~L F:ECOP,DS
':;,,;.,N DIEGO COUHT'( F-lEI':OFiDER"::: OFFICE
l:lHtC;Off{,J SMll H. L[lU~Jrl" RECIJF:[tER
FEES 23.00
F"~GE':; t:
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas. CA 92024
1~~~II~~~~~~~~~m~
SPACE ABOVI
PRIVATE STORM WATER TREATMENT
MAINTENANCE AGREEMENT
Assessor's Parcel No. 264-160-16
ProjectNo.:
W.O.No.:
04-087 TPM
9289-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 Wiegand Neglia Corporation (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 agreement.
WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas of
Grading Permit 9289-G; and
WHEREAS, Developer is the owner of certain real property described in Exhibit "A" 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 benefit of the 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 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 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 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 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 consuitants, 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
2
.
.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
f""<><X>~&f.ddd<<X<<Xddddddddd"""ifdd.Q<'.Q<'d=d.Q<'."<><X'd."<><"><Xddc<:'d.Q~
~ ~
~... ::: :""'::, ""~ } · i
~ g
~.,' On S{5! os before me, UlMf'./UtJ 'J Ul>~101 ~o1l>L"\ '~bl.-I<- ~..'
~l Dale Name and Title of Officer (e.g., "J;ne Doe, Notary ~ublic") i2
~ personally appeared Bltvc..t I>. c.N1€(......~ ~..'.
(9 Name(s)o!Signer(s) :?)
~ % personally known to me ~
~ ~-Vi~:~~:d to me on the basis of satisfactory ~?;.
I g
~ to be the personK) whose name~ is/ar€ g
~ Q CAMERONJ.CASEY :~~~~~~:ddge~Oto t~: t~t~:/~;~::~cu~:~ ~
~. . NoCOtmmpiSSbiOln#c13a712076 _~ the same in his/h@1'7tb6 authorized .~
t ary U IC - .ornia ~ capacity(~. and that by his/lJB1'/t~r ,;
; San Diego County signature~ on the instrument the person~. or ~
, Comm. Expi8sAug 15, 2006 ~~~e~~~t~e~~~~ ~::~:t~~::~~h the personM ~
I'.J ~
~ ~~ ?;
~ ~
I ~
~ ?;
~,...; OPTIONAL ,~
~ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ~
~ fraudulent removal and reattachment of this form to another document. g
~ Description of Attached Document ~
2, Title or Type of Document: ~TouJ\ ....~ ~ ""...,....,..........CC AI'9iPe,J, ~
~.'.' ~.:
G' Document Date: Number of Pages: '"
~ Signer(s) Other Than Named Above: ~
~ Capacity(ies) Claimed by Signer ~
~,: ~
~J Signer's Name: :::s
~ . p,
~ 1._ Individual Top of thumb here r?;
~ 0 Corporate Officer - Title(s): g
~l Partner - LJ Limifed D General ~.,..
<';1 D Attorney-in-Fact 1(\
~ D Trustee ~
~ C Guardian or Conservator ~
~ I Other: ?;
~ Signer Is Representing: ~
~'CX.<<'CX.'<".;','<".;','CX.'<X'CX.'CX.'<'.(.,,<>'CX.'CX.'CX.'CX.'<'.(.'<X'CX.'CX.'CX.'<".;',"<>~'CX.'CX.'<".;','<X<<<<'CX.'CX.~'<X<<'6:;'CX.'<".;','<Y~
@1999 National Notary Association' 9350 De Solo Ave.. P.O. Box 2402' Chatsworth, CA 91313-2402' www.nationalnotary.org
Prod. No. 5007
Reorder: Call Toll-Free 1-800.876-6827
.
.
Exhibit A: Legal Description of Property
APN 264-160-16
LOT 20 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
JANUARY 25, 1927
4
.
.
f'll'fll&/" "5'
f2,'''Mf ~ ~ TflBrrtl'Ellf FAUu17e5
$
~'"'
~~
~~
~
I
I
~