2008-243900
\. ..... DOC# 2008-0243900
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Recording Requested By: MAY 06,2008 3:59 PM
) OFFICIAL RECORDS
~ City Engineer ) SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNT'( RECORDER
) FEES: 28. 00
When Recorded Mail to: ) PAGES: 7
City Clerk ) IIII~IIM~I~~I~~II
City of Encinitas )
505 South Vulcan Avenue )
Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE LANDSCAPE AND IRRIGATION
MAINTENANCE AGREEMENT
IN ENCINIT AS BOULEVARD MEDIAN
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Assessor's Parcel No. 258-130-88 j
Project No.: 07-045 TPM
W.O.No.: 716-G&I
THIS AGREEMENT for the periodic maintenance and repair of that certain private landscape
and irrigation in the median of Encinitas Boulevard east of Quail Gardens Drive Sta. 27+90 to
Sta. 31+57 per City of Encinitas Improvement plans No. 716-1. This agreement is between the
City of Encinitas and Encinitas Office LP (hereinafter referred to as "Developer") for the benefit
of future owners of Quail Gardens Corporate Center, the legal description and/or plat of which is
set forth in Exhibit "A" attached who will use the private landscape and irrigation., 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
(herein referred to as "City") of a development project; and
WHEREAS, Developer is the owner of certain real property as described in Exhibit "A"
that will use and enjoy the benefit of said landscape and irrigation, said real property hereinafter
referred to as the "property"; and
WHEREAS, Property use and enjoy the benefit of certain landscape and irrigation facilities
as shown on drawing no. 716-1; and
WHEREAS, it is the desire of the Developer that said landscape and irrigation be
maintained in a safe and usable condition by the owners; and
WHEREAS, it is the desire of the Developer to enter in to an agreement with the city to
maintain the median landscape and irrigation by city contractors and/or city forces; and
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WHEREAS, there exists a benefit to the public the private landscape and irrigation be
adequately maintained on a regular and periodic basis in compliance with the City of Encinitas
Municipal Code and other related City policies and requirements; 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 FOR VALUABLE CONSIDERATION
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 private landscape and irrigation shall be constructed by the Owner, its successors and
assigns, in accordance with the plans and specifications identified in the drawing number.
716-1.
3. The cost and expense of maintaining the private landscape and irrigation shall be paid by
the owner of the heirs, assigns and successors in interest or each such owner.
4. 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.
5. The repairs and maintenance to be performed under this Agreement shall be limited to the
following: reasonable improvements and maintenance work to adequately maintain said
private landscape and irrigation in proper working order.
6. If there is a covenant, agreement, or other obligation for the construction of
improvements imposed as a condition of the development, the obliga~ion to repair and
maintain the private landscape and irrigation as herein set forth shall commence when
improvements have been completed and approved by the City.
7. Any extraordinary repair required to correct damage to said landscape and irrigation 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 landscape
and irrigation to the condition existing prior to said damage.
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 any owner, any
contractor, any subcontractor, or to any other third persons arising out of or in any way
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related to the use of, repair or maintenance of, or the failure to repair or maintain the
private landscape arid irrigation.
9. 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.
10. The owner(s) shall reimburse the city for all the direct and indirect costs of maintenance
for landscape and irrigation. The present annual cost of landscape and irrigation
maintenance as shown on drawing no. 716-1 is $4,070.00. The maintenance cost is
subject to increase with a thirty-day advanced written notice by Parks and Recreation
Director. However the annual increase shall not exceed 10.0%. If said reimbursement is
not paid in a timely manner, City reserves the right to file an assessment lien on the real
property with the County Recorder of San Diego. It is expressly understood and agreed
that the City is under no obligation to maintain or repair said facilities, and in no event
shall this Agreement be construed to impose any such obligation on the City.
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 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.
12. The terms of this Agreement may be amended in writing upon majority approval of the
owners and consent of the City.
13. 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.
14. 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 135 1 (a), anything in this
Agreement including 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:
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(a) The provisions in the Declaration which provide for assessment liens in favour of
the Association and enforcement thereof shall be enforced.
15. It is understood and agreed that the covenants herein contained shall be binding on the
heirs, executors, administrators, successors, and assignees of the association and/or each
of the owners.
16. 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 and/or association..
IN WITNESS WHEREOF, the parties have executed this Agreement
This 1-/ sol- day of 11-11 J- /.j , 2008.
Developer: ENCINITAS OFFICE, L.P.,
'A California Limited Partnership
By Wiegand Neglia Corp,
A California Corporation its General Partner
Dated: f/Z-I/.J}/
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Bruce D. Wi~~n- :~r::ident
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
Dated:~/ l-1/tJ e
Jla~
& ^ Peter Cota-Robles .
;0./v \ Engineering Services Director, City of Encinitas
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State of California
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
County of 'tU1 {)if
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before me~/!UJA Ct. JlIt.tnlJU~ A)4~'1 ;PdtBJ..IC,
(here insert name and title of the officer)
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personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(@re subscribed to
the within instrument and acknowledged to me tha~she/they executed the same i~er/their
authorized capacity(ies), and that b@er/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~~~~/1i~
OPTIONAL INFORMATION
(Sea I)
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
Additional Information
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
LO formes) of identification 0 credible witness(es)
containing
pages, and dated
Notarial event is detailed in notary journal on:
Page # Entry #
The signer(s) capacity or authority is/are as:
D Individual(s)
D Attorney-in-Fact
D Corporate Officer(s)
Notary contact:
Other
D Additional Signer(s)
D Signer(s) Thumbprint(s)
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Title(s)
D Guardian/Conservator
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D Trustee(s)
D Other:
Name(s) of Person(s) or Entity(ies) Signer is Representing
ro Copyright 2007 Notary Rotary. Ino. 92S 29th St.. Des Moines, iA 50312-3612 Form ACK03. 10/07. To re-order, call toll-free 1-877-349-6588 or visit us on the internet at http://www.notaryrotary.com
. ALL PURPOSE ACKNOWLEDGEMENT
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STATt OF CAUr=ORNIA
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COUNTY OF SAlJ b ,1;..(.,0
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(Insert name and title of the officer)
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personally appeared
who proved to me on the basis of satisfactory evidence to be the person0 whose name~ is/~ subscribed
to the within instrument and acknowledged to me that he/~tbeYexecuted the same in his/bt(r/tptfu
authorized capacity(ies( and that by his/t)ef7t~signature(.s1' on the instrument the person(g5, or
the entity upon behalf of which the person~ acted, executed the instrument.
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.
Signature
. CAMEION J. CAlEY
~.1612317
Nobv PublIc . CaIfomIa j
Ian DIego COW1Iy -
.. M>tComm.Expilwq15,201
(This area for official notarial seal)
Rec.Form #R11 (12/05107)
Exhibit "An
07 -045 TPM
Property Description
THAT PORTION OF THE EAST HALF OF THE NOR1HWEST QUARTER OF TIlE
NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN ~ CITY OF ENCINITAS, IN'THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY APPROVED APRIL 19, 1881, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUlHWEST CqRNER OF THE NORTII 2.00 ACRES OF SAID
EAST HALF OF THE NOR'qiWEST QUARTER 9F THE NORTHEAST QUARTER;
THENCE EASTERLY ALONG THE SOU1H LINE OF SAID NORTH 2.00 ACRES, SOUTH
88 DEGREES 22'41" EAST 302.12 FEET; THENCE CONTINUING ALONG SAID soum
LINE soum 88 DEGREES 22'4111 EAST 359.76 FEET TO AN INTERSECTION WIlH A
LINE BEARING SOUTH 01 DEGREE 29'21" WEST FROM TIlE NORlHEAST CORNER
OF SAID NORlHWEST QqARTER OF THE NORnIEAST QUARTER, SAID LINE ALSO
BEING 'THE EASTERLY LINE OF SAID NORTIlWEST QUARTER, THENCE ALONG
SAID EASTERLY LINE soum 01 DEGREE 29'27" WEST 440.00 FEET TO THE, TRUE
POINT OF BEGINNING; TIIENCE CONTINUING ALONG LAST SAID LINE SOUTH 01
DEGREE 29'27" WEST 138;39 FEET TO A POINT ON THE NORTHERLY RlGHT-OF-W A Y
LINE OF ENCINITAS BOULEVARD 102.00 FEET WIDE, SAID NORTHERLY RIGHT-OF-
WAY LINE BEING A NON-TANGENT CURVE CONGA VE SQUTHERL Y AND HAVING
A RADIUS OF 851.00 FEET; THENCE WESTERLY ALONG SAID CURVE'AND RIOHT-
OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 14 DEOREES 34'29" AN ARC
DISTANCE OF 216.47 FEET to TIlE NORTHERLY LINE OF THE COUNTY. ROAD AS
SHOWN ON ROAD SURVEY NO. 458; lHENCE ALONG SAID NORTHERLY LINE
SOU1H 17 DEGREES 13'28" WEST 42.51 FEET; THENCE CONTINUING ALONG SAID
NOR1lIERL Y LINB soum 60 DEGREES 44"58" WEST 93.95 FEET; nIENCE .
I;>EPARTING SAID NORTHERLY LINE NOR1lI26 DEGREES 38'54" WEST 3d3.11 FEET
TO TIlE BOUND~Y LINE OF THE LAND CONVEYED TO ROBERT E. FffiLD'AND
WIFE BY DEED RECORDED MARCH 26, l~Sl A~ INS1RUMENT NO. 37496, Jlo\.BOOK
4025, PAGE 202, OJ: OFFICIAL-RECORDS; lHENCE ALONG SAID BOUNDARY L~
NORm 37 DEGREES 16'35" EAST 223.23 FEET TO AN ANGLE POINT IN SAID
BOUNDARY LlNE;oTHENCE SOUIH 06 DEGREES 33'20" EAST183.31 FEET; THENCE
sourn 88 DEGREES 22141" EAST 313.30 FEET Tonm TRUE POINT OF BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL 2 IN A ~TlFICATE'OF
COMPLIANCE RECORDED MARCH 24,2005 AS INSTRUMENTNO.200S~0240340 OF
OFFICIAL RECORDS.
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