2014-262743 D O C ## 201 4-0262743
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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 1111111111 IN IN
Encinitas, CA 92024
�0 (Space Above For Recorder's Use)
RELEASE OF LOTS 1 AND 2 OF MAP NO. 15963 FROM MAINTENANCE
AGREEMENT FOR PRIVATE STORMWATER TREATMENT AND STORMWATER
POLLUTION CONTROL AND HYDROMODIFICATION MANAGEMENT FACILITIES
BY HOMEOWNER'S ASSOCIATION
Project No : 11-189 TM
Plan No.. 11528-G/I/FM
THIS RELEASE OF LOTS 1 AND 2 OF MAP NO. 15963 FROM MAINTENANCE
AGREEMENT FOR PRIVATE STORMWATER TREATMENT AND STORMWATER
POLLUTION CONTROL AND HYDROMODIFICATION MANAGEMENT FACILITIES BY
HOMEOWNER'S ASSOCIATION ("Amendment") is made this 24th day of
June , 2014, by LENNAR HOMES OF CALIFORNIA, INC., a California
corporation ("Developer"), and the City'of Encinitas, a municipal corporation ("City").
RECITALS:
A. Developer and City previously entered into that certain ,Maintenance
Agreement for Private Stormwater Treatment and Stormwater Pollution Control and
Hydromodification Management Facilities By Homeowner's Association" recorded on August 13,
2013, as Document No. 2013-0507614, in the Official Records of the San Diego County
Recorder's Office ("Storm Water Maintenance Agreement").
B Paragraph 15 of the Storm Water Maintenance Agreement provides that the
Storm Water Maintenance Agreement may be amended in writing following the parties' request
and upon written approval by the City Engineer
50176.008-21617.FCM 062014 Final
C Developer currently owns all of the lots subject to the Storm Water
Maintenance Agreement (see Exhibit "A" attached hereto and incorporated by this reference).
D. 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 Storm Water Maintenance Agreement be assigned to the homeowners association
established for Lots 3 through 28 of Map No 15963.
E. Developer desires to release Lots 1 and 2 of Map No 15963 from the
Storm Water Maintenance Agreement, with the result that Lots 1 and 2 of Map No 15963 shall
no longer be subject to or encumbered by the Storm Water 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 Storm
Water Maintenance Agreement (including, without limitation any obligation to share the cost or
responsibility of maintaining the stormwater facilities described in the Storm Water Maintenance
Agreement)
F As evidenced by the signatures below, the City Engineer has approved and
the City agrees to the (1) release of the present and future owners of Lots 1 and 2 of Map No
15963 from all obligations imposed on the Owners of the lots described in the Storm Water
Maintenance Agreement (including, without limitation any obligation to share the cost or
responsibility of maintaining the stormwater facilities described to the Storm Water Maintenance
Agreement); and (u) release of the Storm Water Maintenance Agreement as it relates to Lots 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 Storm Water
Maintenance Agreement as follows-
Effective immediately, Lots I and 2 of Map No. 15963 are hereby released
from the Storm Water Maintenance Agreement, with the result that neither of Lots 1 and 2 of
Map No. 15963 shall be subject to or encumbered by the Storm Water 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 Storm Water Maintenance Agreement (including, without
limitation any obligation to share the cost or responsibility of maintaining the stormwater
facilities described in the Storm Water Maintenance Agreement)
2 Notwithstanding the foregoing, the Storm Water Maintenance Agreement
shall remain in full force and effect with respect to all lots described in the Storm Water
Maintenance Agreement other than Lots I and 2 of Map No. 15963.
50176 008-21617 FCM 062014 Final -2-
IN WITNESS WHEREOF, this Amendment has been duly executed by Developer
and City on the day and year first above written.
"DEVELOPER"
LENNAR HOMES OF CALIFORNIA, INC., a California
corporation
By:
Name Anita Dave
Title: Vice President
"CITY"
THE CITY OF N AS
By:
Name: G�r���✓ /����
Title: �irzsy`Yt nr!✓ 1j2�.�
CONS T:
t/) z
City Engineer of the City of Encinitas,
California
ST:
City Clerk of th cmitas,
Califo
50176 008-21617 FCM 062014 Final -3-
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 personA whose nameW is/A(e subscribed to the
within instrument and acknowledged to me that V/she/thy executed the same in V/her/"eir
authorized capacity(igs), and that by Vs/her/tXir signaturgo) on the instrument, the person( 1 or
the entity upon behalf of which the person(sl 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.
M
M SUE
Commission ##20 20
Co #2003854
i ; +p- Notary Public
Signature of Notary Public California D
Z r Orange County
My Comm Expires Feb 9, 2017
[SEAL]
50176 008-21617 FCM 062014 Final —4—
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 Pruim ------------------------------------------------------------------
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.
SAMANTHA MORROW
VA Commission No.2067518 �
WITNESS my hand and official seal. NOTARY PUBLIC CALIFORNIA y
SAN DIEGO COUNTY
Commission Expires May 9,2018
Signature A4VV� (Seal)
Exhibit "A"
(Lots Subject to the Storm Water Maintenance 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
50176 008-21617 FCM 062014 Final -5-