2014-262744 D O C ## 2014-0262744
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JUN 24, 2014 4:21 PM
Recording requested by:
City Engineer OFFICIAL RECORDS
/ SAN DIEGO COUNTY RECORDER'S OFFICE
When Recorded Mail to: Ernest J. Dronenburg,Jr.,COUNTY RECORDER
City Clerk FEES: 31.00
City of Encinitas PAGES: 6
South Vulcan Avenue
En I IIIIIIIIIIIIIIII IIII IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Encinitas, CA 92024
` I 'V (Space Above For Recorder's Use)
RELEASE OF LOTS 1 AND 2 OF MAP NO. 15963
FROM PRIVATE ROAD ANr DRAINAGE FACILITIES
MAINTENANCE AGREE ENT FOR TM 11-189
Project No.: 11-189 TM
Plan No.: 11528-G/l/FM
THIS RELEASE OF LOTS 1 AND 2 O MAP NO. 15963 FROM PRIVATE ROAD
AND DRAINAGE FACILITIES MAINTENANCE AGREEMENT FOR TM 11-189
("Amendment") is made this 24th day of June , 2014, by LENNAR HOMES OF
CALIFORNIA, INC., a California corporation ("Developer"), with the consent of the City of
Encinitas ("City").
R E C I ALS:
A. Developer previously entered into that certain "Private Road and Drainage
Facilities Maintenance Agreement For TM 11-1 9" recorded on August 13, 2013, as Document
No. 2013-0507616, in the Official Records of th San Diego County Recorder's Office ("Street
Maintenance Agreement").
B. The opening paragraph of the Street Maintenance Agreement provides that
it is for the benefit of future subdivision lot owners who will use the private road easements,
including Developer to the extent the Developer retains any ownership interest in any lot subject
to the Street Maintenance Agreement (collectively, "Owners").
C. Paragraph 14 of the Street Maintenance Agreement provides that the Street
Maintenance Agreement may be amended in w "ting upon majority approval of the Owners and
the consent of the City of Encinitas.
.-21635.FCM 062414
D. Developer currently owns all of the lots subject to the Street Maintenance
Agreement (see Exhibit "A" attached hereto and iri corporated by this reference).
E. Lots 1 and 2 of City of Encinitas Tract No. 11-189, according to Map
thereof No. 15963, filed with the Office of the County Recorder of San Diego County, California
on December 31, 2013 (hereinafter, "Lots 1 and 2 of Map No. 15963 ) are designated as
affordable residential lots and are not members of the homeowners association established for
Lots 3 through 28 of Map No. 15963. Developer desires that all of the maintenance obligations
described in the Street Maintenance Agreement be assigned to the homeowners association
established for Lots 3 through 28 of Map No. 159 3.
F. Developer desires to release Lots 1 and 2 of Map No. 15963 from the
Street Maintenance Agreement, with the result that Lots 1 and 2 of Map No. 15963 shall no
longer be subject to or encumbered by the Street Maintenance Agreement (or any of the
covenants set forth therein), and no present or future Owners of Lots 1 and 2 of Map No. 15963
shall have any of the obligations imposed on the Owners of the lots described in the Street
Maintenance Agreement (including, without limitation any obligation to share the cost or
responsibility of maintaining the private street or private drainage facilities described in the Street
Maintenance Agreement).
G. As evidenced by the signatures below, the City consents to the (i) release
of the present and future owners of Lots 1 and 2 o Map No. 15963 from all obligations imposed
on the Owners of the lots described in the Street Maintenance Agreement (including, without
limitation any obligation to share the cost or responsibility of maintaining the private street or
private drainage facilities described in the Street Maintenance Agreement); and (ii) release of the
Street Maintenance Agreement as it relates to Los 1 and 2 of Map No. 15963.
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, Developer hereby amends the Street Maintenance
Agreement as follows:
1. Effective immediately, Lots 1 and 2 of Map No. 15963 are hereby released
from the Street Maintenance Agreement, with the result that neither of Lots 1 and 2 of Map No.
15963 shall be subject to or encumbered by the Street Maintenance Agreement (or any of the
covenants or other provisions set forth therein), and no present or future owner of Lots 1 and 2
of Map No. 15963 (or either of them) shall have any of the obligations imposed on the owners
of the lots described in the Street Maintenance Agreement (including, without limitation any
obligation to share the cost or responsibility of maintaining the private street or private drainage
facilities described in the Street Maintenance Agreement).
2. Notwithstanding the foreg ing, the Street Maintenance Agreement shall
remain in full force and effect with respect t all lots described in the Street Maintenance
Agreement other than Lots 1 and 2 of Map No. 15963.
.-21635.FCM 062414 -2
IN WITNESS WHEREOF, this Am ndment has been duly executed by Developer
on the day and year first above written.
"DEVELOPER"
LENNAR HOMES OF CALIFORNIA, INC., a California
corporation
By: V
Name: Anita Dave
Title: Vice President
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On June 24, 2014 , before me, M. Sue Rudolph,Notary Public
Name and Title of Officer
personally appeared Anita Davey , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/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.
I%A) M. SUE RUDOLPH
Commission #2003854
Signature of Notary ublic a ='�ffi Notary Public-California z
ry z :H._�. , a
Z `�,� Crange County
My Comm. Expires Feb 9, 2017 [SEAL]
.-21635.FCM 062414
CONSENT O CITY
The City of Encinitas, California, hereby consents to the foregoing Release of Lots I and
2 of Map No. 15963 from the Private Road and Drainage Facilities Maintenance Agreement for
TM 11-189.
"CITY"
THE CITY C F C TAS
By:
Name: /� Gar'^' 2✓�^'
Title: /✓ �^'7>"'L �rl✓'�''�fir.'a
CONSE
City Engineer of the City of Encinitas,
California
AT
City Clerk of o<'n tas,
Ca
I
21635.FCM 062414
ACKNOWLEDGMENT
State of California
County of San Diego )
On June 24, 2014 before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared
Glenn P ru i m ----------- ------------------------------------------------------
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the erson(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.
L -.. SAMANTHA MORROW
Commission No.2087518 0
WITNESS m hand and official seal. NOTAR6LIC.CAUFORNIA S
Y SAN DIEGO COUNTY 2
Commission Exp M May 9,2018
(Seal)
Signatures` ��
I
Exhibit
(Lots Subject to the Street M mtenance Agreement)
All of City of Encinitas Tract No. 11-189, according to Map
thereof No. 15963, filed with the Office of the County Recorder of
San Diego County, California, on December 31, 2013.
I
II
.-21635.FCM 062414 -5