2014-445661 Y
D O C ## 2014-0445661
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Recording Requested By: ) OCT 14, 2014 4:05 PM
OFFICIAL RECORDS
City Engineer ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg,Jr,COUNTY RECORDER
FEES 000
C� When Recorded Mail to: ) PAGES: 9
City Clerk )
City of Encinitas
505 South Vulcan Avenue )
Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY
For the benefit of the City
PRIVATE STORM DRAIN MAINTENANCE AGREEMENT
U & HOLD CITY HARMLESS FOR DRAINAGE
✓
APN: 260-404-10, 260-404-11 Project No.: 12010-G
05-230 DR/CDP
THIS AGREEMENT for the periodic maintenance and repair of a private storm water
pipe and catch basin (hereinafter referred to as "Storm Drain" and more specifically
shown in Exhibit "B" attached hereto and made a part hereof) located between a public
alley and Oxford Avenue and constructed per City of Encinitas Drawing Number 12010-
G across the property located at 2149-2153 Oxford Ave. (hereinafter referred to as
"Property" and more specifically described in Exhibit "A" attached hereto and made a
part hereof) is entered into by Land Holdings LL C., a California Limited Liability
Company (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, The property is located at a sump point in the public alley, and
WHEREAS, storm runoff has historically and naturally conveyed through the
property and drained the storm runoff from the public alley to Oxford Ave., and
WHEREAS, Development of the project without collection and controlled
conveyance of the storm runoff would subject the residence to flooding, erosion, and
structural damage, and
WHEREAS, It is Owner's desire to convey the storm runoff in a private storm drain
in order to avoid the high cost and access and easement requirements associated with
construction of public storm drain systems, and
WHEREAS, it is the desire of the Owner to periodically maintain and repair the
Storm Drain and appoint maintenance responsibilities to the future owners; and
WHEREAS, there exists a benefit to the public that the private storm water
facilities .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 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 grading plan 12010-G.
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.
8. 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,
if any.
9. 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 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.
10. 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.
11. 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.
12. 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
13. 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.
14. 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.
15. By signing this Maintenance Agreement, the Owner acknowledges that the
Property was subject to historic surface drainage from upstream surface sources
off of the Property. The Owner acknowledges that the drainage pipe running
across the Property (which is the subject of this Maintenance Agreement) is for
the protection of the Property, to eliminate the historic surface drainage across
the property, and is constructed as a result of Owner's desire to develop the
Property. The Storm Drain has been sized and designed by the Owner's
professional civil engineer. The project professional civil engineer has advised the
Owner that the Storm Drain is adequate to covey the volume of water that has
historically drained across the Property from upstream sources. The project
professional civil engineer has advised the Owner about the maintenance needed
for the Storm Drain, both as to frequency and to the nature of the maintenance.
The Owner also understand and acknowledges that the Storm Drain will not be
maintain by the City of Encinitas, and that the Storm Drain is not, and will not be,
included in the inventory of public facilities, and will not be considered part of the
public drainage system. The owner acknowledges that he/she has constructed
the Storm Drain in order to benefit the Property.
ACCEPTED AND AGREED BY-
OWNER:
Land Holdings, LLC., a California Limited Liability Company
By: The RMCI Group, Inc.
Its: Managing Member
By:
Robert Muell
President, The RMCI Group, Inc.
/&- - / 3 - ��
Date
(Notarization of OWNER signature is attached.)
-AND-
CITY OF ENCI S:
/V- 'M NIT 10/ 13114,
Masih Maher for Glenn Pruim Date
Director of Engineering and Public Works
City of Encinitas
(Notarization not required)
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 35 &36 IN BLOCK 57 OF CARDIFF, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA,ACCORDING TO MAP NO. 1334, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON MAY 12, 1911.
EXHIBIT " B"
R/W
4 ALLEY
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D
R/W _ ° o R/W
° 3 ° LEGEND
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1O BUILDING FOOTPRINT
7 ° 1
12" PVC DRAIN EXTENSION
3O CLEANOUT
U \ \
4O EXIST 4'x4'± GRATED INLET
I \
00 I� \ 12" PVC DRAIN EXTENSION
I OUTLET LOCATION. 3'x5'x1'
1O o THICK RIP-RAP ® OUTLET
j Q j� \ W/ OPENING ALONG h' WALL
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N \ (co, 6O ARCHITECTUAL WALL
Qa 0 DRIVEWAY ACCESS
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R� /W R/W
6
o OXFORD AVENUE
R/W
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ENGINEERING & SURVEYING N
SINGLE SOURCE DEVELOPMENT CONSULTANT 20 10 0 20
310 S. TWIN OAKS VALLEY RD., #107-297
SAN MARCOS, CA. 92078 SCALE IN FEET
(760) 510-3152 Ph / (760) 510-3153 Fax SCALE: 1" = 20'
\\Remote\rces\Projects\7346 — RMCI Oxford\7346—ExhibitB.dwg 9/16/2014 1 15 PM
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SS
On �i — ��— � , before me, I`t'Y� ' - SIMI Totary Public, )
DATE I
personally appeared IU�'� �� y � 'e r who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s Is are subscribed the within instrument
and ackn edged to me tha he she/they executed the
sam hIs/ er/their authorize capacity(Ies), and that
by Is 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
ANGELA A. SIYON laws of the State of California that the foregoing
'qt 2pp9314 UI paragraph is true and correct.
NNOTASRY
w Cow.ERV MAR.2.2017 `)
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WITNESS my hand and official seal.
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NOTARY'S SIGNATURE
PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
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of this form to an unauthorized document. )
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SIGNER(PRINCIPAL)IS REPRESENTING: y
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APA1/2012 NOTARI BON DS,SUPPLIESA N1)FORMS ATHTTP://WWWVALLEY-SIERRA.COM c'__005-2008 VALLEY-SIERRA INSURANCE
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of So y\ SS I�C�
On 10 — I ;- QLD 19 , before me, Notary Public,
D4TE n n n
personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose namOed re subscribed the within instrument
and ackn to me thatshe/they executed the
same n heir authorized capaclty(ies), and that
by Is h signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
ANGELA A. SIYON I certify under PENALTY OF PERJURY under the
NY S 2009314 laws of the State of California that the foregoing
(� N0 DEGO ca r
EV s,son paragraph is true and correct.
WITNESS my hand and official seal
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NOTARY'S SIGNATURE
PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
The information below Is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT )
n INDIVIDUAL )
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S)
ATTORNEY-IN-FACT
NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER. DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: )
NAME OF PERSON(S)OR ENTITY(IES) s
RIGHT
THUMBPRINT L
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SIGNER )
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