2011-47038Data 2011-0047038
IIIIIIIIIIIIIIIIIIII11YIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECORDING REQUESTED BY: ) JAN 25, 2011 3:59 PM
City Engineer )
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
i WHEN RECORDED MAIL TO: ) Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 34.00
City Clerk ) PAGES: 7
City of Encinitas ) ~ ~~~III ~~III ~I~II ~~~II ~~III I~~II ~~III ~IIII ~~III ~~III ~~II~ ~~II~ ~~III ~~III I~III ~~II I~~I
505 South Vulcan Avenue )
Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE
DRAINAGE COVENANT
17, Assessor's Parcel Nos. 264-590 - through 18~ Project No. TM 89-031
264- 591- 1 through 10
A. Torrey Pacific Corporation, a California corporation ("Owner") is the owner of
certain real property in the City of Encinitas, County of San Diego ("Property") that is part of a
subdivision commonly known as the Rancho Summit Estates ("Subdivision") and which is
legally described as follows:
See Exhibit "A" which is attached hereto and made a part hereof.
B. The Property consists of separate residential parcels designated Lots 1 through 28.
Grading Plans for the Subdivision require construction and maintenance of brow ditches and rip-
rap drainage features on Lots 7 through 22 ("Drainage Improvements"). The Drainage
Improvements will accept and convey water from Subdivision streets and adjoining parcels. The
Drainage Improvements are generally described on Exhibit B, attached hereto and made part
hereof, and are described in more detail on Grading Plans for City of Encinitas, Tract No. 89-
031, Lots 1 through 28, Map 14032, Drawing No 6857-G on file with the City of Encinitas
("City").
C. In consideration of the Final Map approval for the Subdivision by the City
and for the mutual benefit of all lots that comprise the Property, Owner hereby covenants to
maintain the Drainage Improvements on Lots 7 through 22 in proper working order, consistent
with the approved plans and applicable City Policies and regulations. Owner will ensure the
Drainage Facilities remain unobstructed and continue to accept and convey water as intended.
D. The maintenance obligations established by this Covenant shall apply to the
current and future owners of Lots 7 through 22. After the Drainage Improvements have been
completed and approved by the City, the owners of Lots 7 through 22 shall be responsible for
maintaining the Drainage Improvements on their respective lots.
E. This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal representatives,
transferees and assigns of the respective parties.
F. The provisions of this Covenant may be enforced by the City, Owner and
Owner's successors or assigns, including the future owners of any individual parcel within the
Property, and each of their legal representatives, heirs, successors or assigns. Legal remedies
shall include the right to obtain injunctive relief and specific performance, in addition to all other
remedies at law or equity. Further, the parties shall have a reasonable right of access to Lots 7
through 22 for the purpose of inspecting Drainage Improvements. Should a lot owner fail to
maintain Drainage Improvements as required by this Covenant, other lot owners may, but are not
required, complete necessary repairs. Completion of repairs by other lot owners, however, shall
not waive their right to enforce the terms and conditions of this Covenant, including the
obligation of individual lot owners to maintain Drainage Improvements on their respective
properties. The failure to enforce this Covenant will not be deemed a waiver of the right to
enforce thereafter. This Covenant may also be enforced by any homeowners association
established for the benefit of the Property.
G. If any party is required to incur costs to enforce the provisions of this Covenant,
the prevailing party shall be entitled to full reimbursement of all costs, including reasonable
attorney's fees, from the other party.
H. Failure to comply with the terms of this Covenant shall constitute consent to the
filing by City of a Notice of Violation of Covenant.
ACCEPTED AND AGREED.
Dated: .S - Z $ -0 g OWNER
TORREY PACIFIC CORPORATION
By f'vG G y Tom Staver, President
2
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On May 28, 2008, before me, Lela M. Kerns, a Notary Public, personally appeared TOM
STAVER, who proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity on
behalf of which the person 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.
LELA M. KERN:
CommNNorâ–º N 173 1 bi 7
Notary Pubft - CaWomia
:on Oleo County
ow6mme"UMM16.61
CITY OF ENCINITAS
Peter les, Director of Engineering
Services
(Notarization not required)
EXHIBIT "A" TO
DRAINAGE COVENANT
PROPERTY DESCRIPTION
Lots 1 through 28 of City of Encinitas Tract No. 89-031, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No. 14032, filed in the office of the County
Recorder of San Diego County, September 7, 2000.
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