2008-83597
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DOC # 2008-0083597
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ffi Recording Requested By:
ij \ '['- City Engineer
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When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
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FEB 19,2008
3:20 PM
DFFICI.Il,L F:ECDRD':;
'..~r'~ DIEi:,D COUNT" F:ECDRDEFi'~:; DFFICE
I:1F:ECiOF:'( J S~'..iITH cour'H',' RECOF:DEF:
FEES 25.00
PAGES:
6
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SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE STORM WATER
MAINTENANCE AGREEMENT and ACCEPTANCE OF STORM WATER FROM A
PUBLIC STREET
I j / I
Assessor's Parcel No. 256-171-16, 17, 18, 19
Project No.: Larson
Plan No.: 641-1
THIS AGREEMENT for the periodic maintenance and repair of a private storm drain system
(hereinafter referred to as "Storm Drain" and more specifically shown in Exhibit "A" attached
hereto and made a part hereof) located north of Union Street and constructed per City of
Encinitas Drawing Number 641-1 across the property located at 602 Union Street and those
portions of Parcels 1, 2, and 3 of Parcel Map No, 16868 recorded in the office of the County
Recorder of San Diego County on June 5, 1992, as document file No. 1992-352502 of O.R.
(hereinafter referred to as "property") is entered into by Lola R. Larson, trustee of the Larson
Bvpass Trust as to Parcel 1 and Parcel 2 of said Parcel Map No. 16868 and Lola R. Larson,
trustee of the Larson Survivor's trust an undivided 61.67 percent share as to Parcel 3 of Parcel
Map No. 16868 and to Lola R. Larson, trustee of the Larson Bvpass Trust an undivided 38.33
percent share as to Parcel 3 of Parcel Map No.16868
(Hereinafter referred to as "Owner") and the City of Encinitas (hereinafter referred to as "City")
for the benefit of current and future Owners who will use a single family home (hereinafter
referred to as "Residence") to be constructed on the Property.
WHEREAS, storm runoff has historically and naturally conveyed through the property and
drained the storm runoff from Union Street a public street, and
WHEREAS, Development of the property without collection and controlled conveyance of
the storm runoff would subject the property to possible flooding, erosion, and structural damage,
and
WHEREAS, It is the Owner's desire to accept public storm runoff historically entering said
property in a private Storm Drain system in order to avoid the high cost, and easement
requirements associated with construction of public storm drain systems, and
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WHEREAS, it is the desire of the Owner to periodically maintain and repair the Storm
Drain system and appoint maintenance responsibilities to the future owners; and
WHEREAS, there exists a benefit to the public that the private Storm Drain system be
adequately maintained on a regular and periodic basis in compliance with the City of Encinitas
Municipal Code and other related City and government policies and requirements; and
WHEREAS, it is the intention of the Owner that this Agreement constitute a covenant
running with the land, binding upon successive owners of the property,
NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION
AS FOLLOWS:
1. The property is benefited by this Agreement, and it is understood and agreed that Owner
and each and every person who shall at anytime own all or any portion of the property
referred to herein are expressly bound hereby for the benefit of the land, and that the
covenants herein contained shall be binding on the heirs, executors, administrators,
successors, and assignees of each of the Owner.
2. The private storm water facilities shall be constructed by the Owner, its successors and
assigns, in accordance with the improvement plan 641-1.
3. The cost and expense of maintaining the private storm water treatment facilities shall be
paid by the owner or the heirs, assigns, and successors in interest or each such owner.
5. The repairs and maintenance to be performed under this Agreement shall include the
following: reasonable improvements and maintenance work to adequately maintain the
Storm Drain in proper working order as determined by applicable City policies and
requirements and necessary to permit access to said facilities. Repairs and maintenance
under this Agreement shall include, but shall not be limited to, repairing and maintaining
drainage structures, removing debris, and other work reasonably necessary and proper to
repair and preserve the Storm Drain for its intended purposes. The Storm Drain shall be
maintained regularly as necessary to keep the facilities in proper working order, with a
minimum maintenance frequency of twice annually.
6. 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 Owner 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 Owner as they bear the costs
and expenses of such repairs and maintenance. Owners shall be responsible for and
maintain their own insurance.
7. The Owner shall jointly and severally defend, indemnify, and hold harmless City, City's
engineer and its consultants and each of its officials, directors, officers, agents and
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employees from and against all liability, claims, damages, losses, expenses, personal
injury and other costs, including costs of defense and attorney's fees, to any contractor,
any subcontractor, any user of the Storm Drain, 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 Storm Drain.
8. 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 or 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.
9. In the event the Owner, its successors and assigns, fails to maintain the Storm Drain in
good working condition acceptable to the City, the City, its agents, or its contractors, may
take the steps necessary to correct deficiencies and charge the costs of such repairs to the
Owner. City reserves the right to file an assessment lien on the real property with the
County Recorder of County of San Diego. It is expressly understood and agreed that the
City is under no obligation to maintain or repair the Storm Drain, and in no event shall
this Agreement be construed to impose any such obligation on the City.
10. This Agreement imposes no liability of any kind whatsoever on the CITY and the Owner
agrees to hold the CITY harmless from any liability in the event the Storm Drain fails to
operate properly.
11. 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 9 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.
12. 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.
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UiHEEN M, LANE
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. "iBUC. CAlIFORII'IA (J)
Couni' ...
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IN WITNESS WH.EREOF, the parties have executed this Agreement
This dfJ.-rO. day of z-nr'i{(t rt t--, 2008.
orJ /)~- /) -/- . --
. 1{'/[/ , fit'(/v.-UJ~ ) oL/Z.-c.~
Lola R. Larson, trustee Larson Bypass Trust
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Lola R. Larson, trustee Larson Survivor's Trust
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Signature of Owner must be notarized. Attach the appropriate acknowledgement.
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
oO(ter)m.lOr)le
Lct(Y":f)'I
who proved to me on the basis of satisfactory
evidence to, the person(s) whose name(s is/ re subscribed to the within instrument and aC~Wledged to
me that h she ey executed the same in hi Mer heir authorized capacity(ies), and that by hi ~h~eir
signature(s the instrument the person(s), e entity upon behalf of which the person(s) ac ,xecuted
the instrument.
STATE OF CALlFQRNIA (}t'
COU~ OF f:Yt () "(!J)
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On', ')before me
Notary Public persona appeared L{)la.. \2-.
I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
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Affix Notary Seal Here
********************OPTIO NAL ********************
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
Title(s)
Title or type of document
o Partner(s)
o Limited
o General
Number of Pages
o Attorney-In-Fact
o Trustee(s)
o Guardian/Conservator
o Other:
Date of Document
Signer(s) other then named above
Signer is representing:
Name of person(s) or entity(ies)
504- 47' 41 "W 83.50'
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~ DATA TABLE
BEARING/ ~ DIST./RAD. LENGTH
1 N 88.58'09" W 148.98'
2 93"50'39" 17.00' 27.88'
3 N 05.00'30" E 216.73'
4 93.53'27" 17.00' 27.86'
5 N 88.52'57" W 167.73'
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EXHIBIT "A"
STORM DRAIN PLA T
ENGINEERING
Sin~le Source DeYelo~menj Consultant
1635 S. RANCHO SANTA FE/~04
SAN MARCOS CA. 920~
(760) 510-3152 Ph 7 (760) 510-3153 Fax