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2015-438389 1 � DOC# 2015-0438389 111111 1111111111111 111111 IIII IIIII IIIII IIIII I III IIII IIII III Recording Requested By' C, Aug 18, 2015 04 32 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, City Engineer SAN DIEGO COUNTY RECORDER FEES $5700 When Recorded Mail to PAGES 15 City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE NOTIFICATION REQUIREMENTS AGREEMENT FOR PRIVATE STORMWATER TREATMENT AND STORMWATER POLLUTION CONTROL FACILITIES BY \� HOMEOWNER'S ASSOCIATION APN See APN list attached hereto as ( Exhibit "A" and made a part hereof Project No 11-115 TMDBMOD Site Address 645 Saxony Road, Encinitas, CA Plan No 11-115 THIS AGREEMENT is between the City of Encinitas, a municipal corporation, ("City"), and Shea Homes Limited Partnership, a California limited partnership as owner, its heirs, successors, and assigns, (collectively, "Developer"), owner of that certain real property ("Property") that is described in Exhibit "B", which is attached hereto and made a part hereof This Agreement is for the 1 Channel Island Homeowners Association, a California mutual benefit corporation ("Association") to monitor the private stormwater treatment facilities located on each residential lot located within the Property (collectively, "Stormwater Facilities") and notify the City of any unauthorized modifications or failure by any owners within the Association to properly maintain the Stormwater Facilities located on the owners' respective lots This Agreement is an Association covenant. The private Stormwater Facilities to be monitored include, private biofiltration basins The description and plat of Stormwater Facilities is set forth in Exhibit "C" which is, attached hereto and made a part hereof The term "Inspection" is defined in Paragraph 1 below WHEREAS, this Agreement is required by the City as condition of approval of a City permit pursuant to City of Encinitas Municipal Code Chapter 20 08 and Chapter 23 24 as well as the City of Encinitas Stormwater Manual, and WHEREAS, the Stormwater Facilities described in Exhibit "C" benefit said Property, the Developer, and the future owners of the lots/parcels created per Map Case No 11-115 TMDBMOD (excepting Lots 70 through 72, inclusive), their heirs, successors, and assigns, collectively hereinafter referred to as "Owners", and WHEREAS, City requires that Developer establish the Association in conformance with the Davis-Stirling Common Interest Development Act (Civil Code Section 4000 et seq) to be responsible for the Inspection of Stormwater Facilities into perpetuity; and WHEREAS, a Storm Water Maintenance Agreement has been recorded against each residential lot located within the Association and holds the lot owners responsible for the SMRH:436300645.4 -1- maintenance of the Storm Water Facilities as set forth in Exhibit "D" which is attached hereto and made a part hereof; and WHEREAS, it is the desire of the City, that the Association routinely inspect the Storm Water Facilities and notify the property owners and the City of any unauthorized modifications and/or failure by any lot owners to properly maintain the Stormwater Facilities located on the lot owners' respective lots, and WHEREAS, it is responsibility of each individual lot owner to manage and oversee Maintenance of Stormwater Facilities located within his or her residential lot and to provide maintenance reports to the City of Encinitas as required by a separate agreement; and WHEREAS, Developer's responsibility to inspect the Stormwater Facilities will be transferred to Association in accordance with that certain Declaration of Covenants, Conditions and Restrictions of 1 Channel Island recorded or to be recorded in the Office of the County Recorder of San Diego County ("Declaration") and pursuant to the Association budget and project phasing schedule reviewed and approved by the California Bureau of Real Estate, and WHEREAS, following the first close of escrow on a residential lot in the Association, the Association shall be responsible to monitor the Stormwater Facilities that have been annexed into the Association and the Owners shall continuously maintain and operate the Association for purposes of such monitoring, and WHEREAS, it is requirement of development that this Agreement constitute a covenant running with the land, binding upon the Association in perpetuity; NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION AS FOLLOWS 1 This Agreement establishes the Association's Monitoring requirements for the Stormwater Facilities The term "Monitoring" wherever capitalized in this Agreement shall include, but shall not be limited to monitoring for purposes of identifying operational deficiencies in the privately maintained Stormwater Facilities, informing lot owners regarding the City's maintenance and reporting requirements, and informing lot owners that any modification of the Stormwater Facilities requires a permit from the City If the Association becomes aware of any modification of the Stormwater Facilities or if a lot owner has failed to properly maintain the Stormwater Facilities, then the Association shall notify the lot owner and the City's Stormwater Division of its findings Any modification of the Stormwater Facilities by a lot owner requires the prior written approval of the City's Engineering Department. The Association's obligations under this Agreement are limited to monitoring and notification as provided in this Paragraph 1 and do not include enforcement of any lot owner's obligations to maintain the Stormwater Facilities 2 The Property is benefited by this Agreement, and 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 Any heirs, executors, administrators, assignees, and/or successors in interest of the Association shall be deemed to have consented to and become expressly bound by these presents, including without limitation, the right of the City to enforce the terms of this Agreement by filing a legal action, 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 SMRH:436300645 4 -2- 3 The Stormwater Facilities shall be constructed by the Developer and maintained by the individual lot owners The Stormwater Facilities are constructed per plans and specifications identified in approved Grading Plan No 10900-G which is on file as a permanent public record in the City of Encinitas and as shown on Exhibit "C" 4 Developer shall record an Agreement for Maintenance of Private Stormwater Treatment and Stormwater Pollution Control Facilities by Homeowner ("Stormwater Agreement (Owner)") which covers each residential lot within the Association, binds future individual lot owners and provides that each such owner shall maintain and inspect the Stormwater Facilities located on his or her lot and file annual reports with the City 5 The contact information for the Association is set forth below ("Contact Information") The Prescott Companies An Associa Company 5950 La Place Court#200 Carlsbad, CA 92008 Attn Gregory Morris Telephone 760-634-4700 Email customerservice @prescottmgt.com If there are any changes in Association or management company, updated Contact Information shall be provided to the City by the Association within thirty (30) days of the change being made Contact information shall be provided in writing to the following address (or current City of Encinitas, Civic Center address) City of Encinitas Stormwater Division 505 S Vulcan Avenue Encinitas, CA 92024 6 Any liability of the Association for personal injury to any worker employed to provide Monitoring under this Agreement, or to third persons, as well as any liability of the Association for damage to the property of any third persons, as a result of or arising out of Monitoring under this Agreement, shall be borne by the Association 7 As of the Association Transfer Date (defined below), Association shall indemnify, defend and hold harmless City, City's engineer, 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, made by the Association's directors, officers, employees, volunteers or agents arising out of the Association's Monitoring of the Stormwater Facilities under this Agreement, its failure to provide Monitoring of the Stormwater Facilities or its failure to notify the City as provided in Section 1 of this Agreement. 8 The terms of this Agreement may be amended in a writing signed by the City and Developer upon written approval by the City Engineer After the Association Transfer Date, the Association shall sign amendments to this Agreement. 9 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 SMRH:436300645 4 -3- court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby 10 Developer shall be responsible for its obligations under this Agreement, until the date Developer transfers its rights and obligations under this Agreement to the Association as set forth in the budget reviewed by the California Bureau of Real Estate for the Association on a phase-by-phase basis, at which time the Association shall assume all rights and obligations of Developer under this Agreement on a phase-by-phase basis ("Association Transfer Date"), and Developer shall have no further rights or obligations under this Agreement for any matters arising after the Association Transfer Date for each phase Once the Monitoring obligations under this Agreement has been assumed by the Association as to each phase, City acknowledges and agrees that certain approvals by and obligations of the Association shall be governed by the provisions of the declaration of covenants, conditions and restrictions recorded by Developer for the Property 11 The Recitals set forth above and all Exhibits attached hereto are incorporated herein by this reference IN WITNESS HEREOF, Developer and City have executed this Agreement on the dates set forth below DEVELOPER. SHEA HOMES LIMITED PARTNERSHIP, a California limited pa n`ership� By + `a 13 lS Name o4 T2;;, V4 Date Title 14...1 Go.^ice 4 CITY OF ENCINITAS Masih Maher for Glenn Pruim, Date Director of Public Works City of Encinitas SMRH:436300645 4 -4- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of�� ) On C1 A I G 3 , be ore me, TPs a Notary Public, personal) ppeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name s) jWare subscribed to the within instrument and acknowledged to me that he4ie/they executed the same in 4ir ► /their authorized capacity(ies), and that by /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 titi•.titi•.tiY.ti•:.Y.•.:xV:PATTY RIVASx�� COMM.#1960370 N ; NOTARY PUBLIC •CALIFORNIA o SAN DIEGO COUNTY �x Commission Expires Nov 13,2015' Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ) On before me, a Notary Public, personally appeared 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 Signature SMRH:436300645 4 -5- ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On August 18, 2015 before me, Samantha Morrow, Notary Public (insert name and title of the officer) personally appeared Masih Maher ------------------------------------------------------------ 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. M'S' AMANTHA MORROW Commission No.2067516 0 WITNESS my hand and official seal v NOTARY PUBLIC CALIFORNIA SAN DIEGO COUNTY Commission Expires May 9,2018 Signatur �w � (Seal) Mot Acldir`ess; fet 1 256-440-01 605 Polaris Drive 2 256-440-02 609 Polaris Drive 3 256-440-03 V 613 Polaris Drive 4 256-440-04 V 617 Polaris Drive 5 256-440-05J 621 Polaris Drive 6 256-440-06,/ 625 Polaris Drive 7 256-440-07 629 Polaris Drive 8 256-440-08 633 Polaris Drive 9 256-440-09 637 Polaris Drive 10 256-440-10 663 Polaris Drive 11 256-440-11 667 Polaris Drive 12 256-440-12 672 Polaris Drive 13 256-440-13 676 Polaris Drive 14 256-440-14 652 Jocelyn Way 15 256-440-15 656 Jocelyn Way 16 256-440-16 660 Jocelyn Way 17 256-440-17 664 Jocelyn Way 18 256-440-18 661 Jocelyn Way 19 256-440-19 657 Jocelyn Way 20 256-440-20 653 Jocelyn Way 21 256-440-21 649 Jocelyn Way 22 256-440-22 645 Jocelyn Way 23 256-440-23 641 Jocelyn Way 24 256-440-24 637 Jocelyn Way 25 256-440-25 618 Polaris Drive 26 256-440-26 614 Polaris Drive 27 256-440-27 610 Polaris Drive 28 256-440-28 606 Polaris Drive 29 256-440-29 825 Channel Island Drive 30 256-440-30 829 Channel Island Drive 31 256-440-31 833 Channel Island Drive 32 256-440-32 837 Channel Island Drive 33 256-440-33 841 Channel Island Drive 34 256-440-34 845 Channel Island Drive 35 256-440-35 849 Channel Island Drive 36 256-440-36 853 Channel Island Drive 37 256-440-37 857 Channel Island Drive 38 256-440-38 861 Channel Island Drive 39 256-440-39 865 Channel Island Drive 40 256-440-40 869 Channel Island Drive 41 256-440-41 873 Channel Island Drive 42 256-440-42 877 Channel Island Drive 43 256-440-43 881 Channel Island Drive 44 256-440-44 893 Channel Island Drive SMRH:4363006454 EXHIBIT "A" APN^ Address..,' Street. 45 256-440-45 897 Channel Island Drive 46 256-440-46 901 Channel Island Drive 47 256-440-47 900 Channel Island Drive 48 256-440-48 896 Channel Island Drive 49 256-440-49 892 Channel Island Drive 50 256-440-50 888 Channel Island Drive 51 256-440-51 884 Channel Island Drive 52 256-440-52 880 Channel Island Drive 53 256-440-53 876 Channel Island Drive 54 256-440-54 872 Channel Island Drive 55 256-440-55 868 Channel Island Drive 56 256-440-56 864 Channel Island Drive 57 256-440-57 860 Channel Island Drive 58 256-440-58 856 Channel Island Drive 59 256-440-59 852 Channel Island Drive 60 256-440-60 848 Channel Island Drive 61 256-440-61 844 Channel Island Drive 62 256-440-62 840 Channel Island Drive 63 256-440-63 836 Channel Island Drive 64 256-440-64 832 Channel Island Drive 65 256-440-65 828 Channel Island Drive 66 256-440-66 824 Channel Island Drive 67 256-440-67 820 Channel Island Drive 68 256-440-68 816 Channel Island Drive 69 256-440-69 812 Channel Island Drive SMRH:436300645.4 EXHIBIT "A" EXHIBIT "B" LEGAL DESCRIPTION LOTS 1 THROUGH 69, INCLUSIVE, OF CITY OF ENCINITAS TENTATIVE MAP NO 09-089 AND MODIFIED TENTATIVE MAP NO 11-115, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15910, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 4, 2013 SMRH:4363006454 EXHIBIT "B" EXHIBIT "C" Description and Plat of Stormwater Facilities [Attached Hereto] All items, and location of items, shown on illustration are shown for informational purposes only and should not be relied upon for content, precise design or dimension The actual conditions will control The above plan is for illustrative purposes only and are approximate dimensions SMRH:4363006454 EXHIBIT "C" MAINT. AGREEMENT FOR PRIVATE STORMWATER TREATMENT & STORMWATER POLLUTION CONTROL FACILITIES BY HOME OWNER (LOTS 1-69) EXHIBIT 'C' MAINTENANCE AREAS' (50)ON-LOT BIORETENTION AREAS(2 FOR EACH LOT TYP.) ;; I IJ 1 I i ' I ® ® i j 3` ____ ___ i _ _ I \\ _ _ i y I I CID I I ----------- ® ® ® ® +� I 31 -- + -I- JOCELYN WAY I � i � I ® - ® ® ® t � I I' • ~ / I� I r i a � i S�r POLARIS DRIVE p c I / O © r -- .._-------------- -. CAL$: 1"=100' ® HUNSAKER &ASSOCIATES IIN!!IG W N�IIY191I�c O�IOli LOY/,4Q71 lUlYdNf 11Y�rC1.111r1�isM 1 OF 4 SMRH:4363006454 EXHIBIT "C" MAINT. AGREEMENT FOR PRIVATE STORMWATER TREATMENT & STORMWATER POLLUTION CONTROL FACILITIES BY HOME OWNER (LOTS 1-69) EXHIBIT 'C' MAINTENANCE AREAS. (44)ON-LOT BIORETENTION AREAS(2 FOR EACH LOT TYP.) .f. NOT A PART j - � NOT A PART OD ® ' f CHANNEL ISLAND DR- I b '\" �OE"^n4 F-:. R -s.. ^� r � a i tx t�,_!. V ♦ ��. K 4 �k:i� Y \ °-z SCAL$: 1"=100' HUNSAKER &ASSOCIATES S.. DIECD, IMC mcO 1r 01M G RQ1 mum .rAW 1N"M 20F4 SMRH:4363006454 EXHIBIT "C" MAINT. AGREEMENT FOR PRIVATE STORMWATER TREATMENT & STORMWATER POLLUTION CONTROL FACILITIES BY HOME OWNER (LOTS 1-69) EXH I BIT 'C' MAINTENANCE AREAS (37)ON-LOT BIORETENTION AREAS (2 FOR EACH LOT TYP.) ;f .$ I T gY} � fe 66 i .S t ® CD '1P I I 4 NOT A PART ® 41 r` { 1 'r >1 a I je liA 9 a 1 J I I 1 h R i 9 ! i i I i / l � CHANNEL ISLAND DR. SCAI.l : 1n—lW HUNSAKER naa«c wwba.r 4 �.,,� . SMRH:436300645.4 EXHIBIT "C" MAINT. AGREEMENT FOR PRIVATE STORMWATER TREATMENT & STORMWATER POLLUTION CONTROL FACILITIES BY HOME OWNER (LOTS 1-69) EXHIBIT 'C' hi . a z g o 191 w b sp Z z 111 h� l w lit it - L if _ o � HUNSAKER . ® TES BAOi fr OYN►4QQ1 71RY.rC SRO•I1�IIiN1{ 4 OF 4 SMRH:436300645.4 EXHIBIT "C" EXHIBIT "D" Minimum Monitoring Requirements for Stormwater Facilities (Frequency and Procedures) The Association's property management company shall Monitor the privately maintained water quality biofiltration basins located on the lots in the Property on a monthly basis and if notification is received from residents as to an unauthorized modification to any such water quality biofiltration basin(s), the Association's property management company shall, within 72 hours, monitor the water quality biofiltration basin(s) to ensure that the basin configuration has not been modified by the Owner or residents without City and Association approval, and to make sure that Owners are maintaining the basins as required by the "Agreement for Maintenance of Private Stormwater Treatment and Stormwater Pollution Control Facilities by Homeowner" The Association's property management company shall notify the Owner, any residents of the lot and the City of Encinitas of any failure of an Owner or resident to maintain the water quality biofiltration basin's configuration or of his/her/their failure to maintain his/her/their basin with 72 hours of such monitoring SMRH.4363006454 EXHIBIT "D"