2007-757517
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DOC # 2007-0757517
1111/11111/111111111111111111111111111111111111 1111111111 111111111111
Recording Requested By: )
)
City Engineer )
)
When Recorded Mail to: )
City Clerk )
City of Encinitas 3 247 )
505 South Vulcan Avenue' )
Encinitas, CA 92024 )
DEe 06,2007 11 :05 AM
D FFICI.6,L F: E CD F: D~;
'",-'J'J ell[e:'D CCIUNT',' F:ECDF:DER":, DFFICE
i.JF:EGOF;'( J ':;MITH COUNT'r' F:ECOF:DER
FEE',; 30.00
PAGES: 8
11111111111I1111I11111111111111I1111I111111111I11111111111111I1111I1111I1I1III1I
SPACEAo......__. _....___..__.._ _____
PRIVATE STORM WATER TREATMENT
MAINTENANCE AGREEMENT
A. P. N.: 256-352-08-00 j
Project No.: 05-161 CDPIDR
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 John R. Zaqara and Valerie A. Zaqara,
husband and wife as community property owners (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 394-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.
3248
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 Agree~ent, 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
2
3249
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 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.
(a) 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.
(b) 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.
J
3250
This
HEREOF, the parties have executed this Agreement
d of t-J..6J e~~v ,2007.
\l~ 15 -0.7
Date
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dOwner
ll-l5-C)7
Date
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
4
3251
Exhibit A: Legal Description of Property
A.P.N.256-352-08-00
282 Neptune Ave.
All that certain real property situated in the County of San Diego, State of California, described
as follows:
Lot 8 in Block B of Seaside Gardens, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 1800, filed in the Office of the County Recorder of San
Diego County on August 6, 1924.
')
EXHIBIT 'B' 3252
PLAT OF STORM WATER POLLUTION CONTROL
APN 256-352-08
PROPOSED S~~MMER
BOX TO BE
PRIVA TEL Y MAINTAINED
PROPOSED SKIMMER
BOX TO BE .. .
L-EBLV~:r.Eb-Y- MMvN:rA.:rNED
R.O.W.
, ' .
.
3253
Maintenance: The filter is designed to allow for the use of vacuum removal of captured materials in the filter basket,
serviceable by centrifugal compressor vacuum units without causing damage to the filter or any part of the mounting and
attachment hardware during normal cleaning and maintenance. Filters can be cleaned and vacuumed from the grate inlet.
Maintenance Notes:
1. Sio Clean Environmental Services Inc. recommends cleaning and debris removal maintenance a minimum of four
times per year, and replacement of hydrocarbon booms a minimum of twice per year.
2. Following maintenance and/or inspection, the maintenance operator shall prepare a maintenance/inspection record.
The record shall include any maintenance activities performed, amount and description of debris collected, and
condition of filter.
3. The owner shall retain the maintenance/inspection record for a minimum of five years from the date of maintenance.
These records shall be made available to the governing municipality for inspection upon request at any time.
4. Any person performing maintenance activities must have completed a minimum of OSHA 24-hour hazardous waste
worker (hazwoper) training.
5. Remove grate to gain access to inlet filter insert. Remove the Deflector Shield with the hydrocarbon boom attached.
Where possible the maintenance should be performed from the ground surface. Note: entry into an underground
stormwater vault such as an inlet vault requires certification in confined space training.
6. Remove all trash, debris, organics, and sediments collected by the inlet filter insert. Removal of the trash and debris
can be done manually or with the use of a vactor truck. The hose of the vactor truck will not damage the screen of the
filter.
7. Evaluation of the hydrocarbon boom shall be performed at each cleaning. If the boom is filled with hydrocarbons and
oils it should be replaced. Attach new boom to basket with plastic ties through pre-drilled holes in basket.
8. Place the Deflector Shield back into the filter.
9. Transport all debris, trash, organics and sediments to approved facility for disposal in accordance with local and state
requirements.
10. The hydrocarbon boom is classified as hazardous material and will have to be picked up and disposed of as
hazardous waste. Hazardous material can only be handled by a certified hazardous waste trained person (minimum
24-hour hazwoper).
. "
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OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE
A@knowledgment
3254
State of California )
County OfSo.J~be~
On -.J 1-1'-5 -0',
~)hnK
before me 8CM..- \ kc.-B ( 'd {., , a notary public, personally appeared
'7 n,~n~Q Qv)O Ytl\fX j~. I\.. .-ZC^:5CN{ C1
personally known to me (~r flHhed to IR@ OR tile b8si~ gf ~~tisfaet8ry eyidellct:) to be the person(s)
whose name(s) ware subscribed to the within instrument and acknowledged to me that ~/~e/they
executed the same in ~/Jr€r/their authorized capacity(ies), and that by I),i(/hef/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
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r eo COMMISSION .1745991 0
~ Nolary Public ' California ~
o SAN DIEGO COUNTY ..
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Signature rsAQ 0J.1(~
ADDITIONAL INFORMATION
DOCUMENT INFORMATION
Document Date 11-/5 -(){
Number of Pages (0 f..Ut.th ~lb+"-' A <'. e>
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TYPE OF IDENTIFICATION
EMBOSSMENT
VJ Personal Knowledge of the Notary Public
[ ] Satisfactory Evidence - identification card
[ ] One Credible Witness acknowledging identity of principal
[ ] Two Credible Witnesses acknowledging identity of principal
Copyright cg 1994, All Rights Reserved, California School of Notary Public, Inc.