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2017-508373 DOC# 2017-0508373 111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII illll 1111 1111 Recording Requested by: ) Oct 31, 2017 04:13 PM City Engineer ) Erne tIJ Dronenb Rrg Sr., SAN DIEGO COUNTY RECORDER When Recorded Mail To: ) FEES $36.00 PAGES. 8 City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE DECLARATION OF MAINTENANCE AGREEMENT: PRIVATE MAINTENANCE OF PUBLIC ROADS NOT BUILT TO PUBLIC STANDARD L1 , FOR TPM 15-271 APN.: 256-232-24✓ Permit #: 13418-G Address: 1022 Sidonia St. Case #: 15-271 TPM/CDP THIS DECLARATION OF MAINTENANCE AGREEMENT ("Agreement") for the maintenance and repair of those public roads which are not built to public standard, the description and depiction of which are set forth in Exhibit "B" which is attached hereto and made a part hereof, is entered into by Rebecca Glenn Descendants Exempt Trust dated January 4, 1991 Amended June 8, 1999 hereinafter referred to as "Subdivider", for the benefit of future subdivision lot Owners who will use the public roads known as that portion of Passiflora Place shown on approved grading plan 13418-G, hereinafter referred to as "Owner(s)", which shall include the Subdivider to the extent the Subdivider retains any Ownership interest in any lot or lots in the Property (defined below). WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas of a subdivision project as defined in Section 21065 of the Public Resources code and pursuant to City of Encinitas Municipal Code Section 24.16.060 and Section 24.29.040; and WHEREAS, Subdivider is the Owner of certain real Property being developed as 15-271 TPM/CDP that will use and enjoy the benefit of said public streets. A complete legal description of said real Property is attached, labeled Exhibit "A" and incorporated by reference. Said real Property is hereinafter referred to as the "Property"; and WHEREAS, it is the desire of the Subdivider that said public roads (which are not built to public standard be maintained in a safe and usable condition by the Owners as originally designed on Grading Plan 13418-G which are on file as a permanent record in the City of Encinitas, collectively known as the "Improvements"; and WHEREAS, it is the desire of the Subdivider to establish a method for the maintenance and repair of said Improvements and for the apportionment of the expense of such maintenance and repair among existing and future Owners of the Property; and WHEREAS, it is the intention of the Subdivider that this Agreement constitute a covenant running with the land, binding upon each successive Owner of all or any portion of the Property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The Property is benefitted by this Agreement, and present and successive lot Owners of all or any portion of the Property are expressly bound hereby for the benefit of the land. 2. The cost and expense of maintaining the Improvements shall be divided equally among the Owners and paid by the Owner or the heirs, assigns, and successors in interest or each such Owner. 3. The repairs and maintenance to be performed under this Agreement shall be limited to the following unless the consent for additional work is agreed to by a majority vote of the lot Owners: reasonable and normal road improvement and maintenance work to adequately maintain said Improvements and to permit all- weather access. Repairs and maintenance under this Agreement shall include, but are not limited to, filling of potholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris, maintaining signs, markers, striping and lighting, if any, maintenance of concrete, landscape and associate irrigation maintenance, and other work reasonably necessary and proper to repair and preserve the road improvements as designed and installed pursuant to Grading Plan 13418-G. Said road surface is constructed of permeable asphalt and shall be maintained in a pervious condition. Traditional maintenance procedures such as slurry sealing and overlay are not acceptable as they eliminate the pervious characteristic of the surface. 4. If there is a covenant, agreement, or other obligation imposed as a condition of subdivision approval to make road improvements to the public roads, the obligation to repair and maintain the public roads as herein set forth shall commence when the public road improvements have been completed and approved by the City. 5. Any extraordinary repair required to correct damage to said Improvements that results from action taken or contracted for by Owners or their successors in interest shall be paid for by the party taking action or party contracting for work which caused the necessity for the extraordinary repair. The repair shall be such as to restore the Improvements to substantially the same condition existing prior to said damage. 6. It is agreed that Subdivider is initially the agent to contract and oversee and do all acts necessary to accomplish the repairs and maintenance required and/or authorized under this Agreement. Subdivider further agrees that the agent may at any time be replaced at the direction of a majority of the Owners. Repair and maintenance work of the Improvements shall be commenced immediately as deemed necessary by the Owners, their successors, or assigns or the City of Encinitas. 7. Should any Owner fail to pay the pro rata share of costs and expenses as provided in this Agreement, then the agent or any Owner or Owners of lots in the Property shall be entitled without further notice to institute legal action for the collection of funds advanced on behalf of such lot Owner, and shall be entitled to recover in such action in addition to the funds advanced, interest thereon at the current prime rate of interest, until paid, all costs and disbursements of such action, including such sum or sums as the Court may fix as and for a reasonable attorneys fees. 8. Any liability of the Owners for personal injury to the 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 Owners 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, as between the Owners on an equal basis. Each Owner shall be responsible for and maintain his own insurance, if any. By this Agreement, the Subdivider does not intend to provide for the sharing of liability with respect to personal injury or Property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. Each of the Owners agrees to indemnify the others from any and all liability for injury to himself or damage to his Property when such injury or damage results from, arises out of, or is attributable to any maintenance or repairs undertaken pursuant to this Agreement. 9. Owners shall jointly and severally defend and 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 the agent hereunder or to any Owner, any contractor, any subcontractor, any user of the public streets or private improvements within the public streets , 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 private access drive or drainage facilities. 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, inspection 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. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each of the Owners and each and every person who shall at anytime own all or any portion of the Property referred to herein. 12. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors, and assignees of each of the Owners. 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 herein, 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. 143he terms of this Agreement may be amended in writing upon majority approval of the Owners and consent of the City. 15. 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. ACCEPTED AND AGREED BY: SUB IVID Sco Glenn, Trustee Date For ebecca Glenn Descendants Exempt Trust (Notarization of SUBDIVIDER signature is attached). CITY: CNRSStOPHER L. MRLD6 ft1 Date CTI-/ EM WW E911 City of Encinitas 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 ) ss COUNTY OF SAN DIEGO ) O X 2017, before me, C. PAHL, Notary Public, personally appeared 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 upon 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. C.PAHL Commission N 2146401 _ Notary Public•California i San eM Comm.Expires Apr 13,2020 SIG TURE OF NOTARY PUBLIC US-DOCS\52621370.1 EXHIBIT "A" COVENANT REGARDING PRIVATE MAINTENANCE OF PUBLIC ROADS NOT BUILT TO PUBLIC STANDARD FOR TPM 15-271 THAT PORTION OF LOT 28 OF PASSIFLORA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2355, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT, DISTANT ALONG SAID EASTERLY LINE, 225.00 FEET SOUTHERLY FROM THE NORTHEASTERLY CORNER OF SAID LOT; THENCE NORTHERLY ALONG SAID EASTERLY LINE 100.00 FEET; THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT, 363.25 FEET TO A POINT IN A LINE WHICH IS PARALLEL WITH AND 20.00 FEET EASTERLY FROM THE WESTERLY LOT LINE, SAID 20.00 FEET BEING MEASURED ALONG THE NORTHERLY LINE OF SAID LOT; THENCE NORTHERLY ALONG SAID PARALLEL LINE, 125.48 FEET TO SAID NORTHERLY LINE; THENCE WESTERLY ALONG SAID NORTHERLY LINE 20.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT; THENCE SOUTHERLY ALONG SAID WESTERLY LOT LINE, 247.00 FEET; THENCE EASTERLY IN A DIRECT LINE 369.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. f1l1�i7 SEA C. NGLERT, L.S. 7959 DATE � 3 � L.S. 7959 sT9�OF CAl\F��`,P SHEET 1 OF 1 EXHIBIT "Bn PLAT OF PRIVATE ACCESS DRIVE IN PUBLIC R/W I N04'15'18"W 125.39' o tv 03' 0 Q° NJ 117.36' 9'13'40"W .00 238.97' 3' N04'15'18"W 247.00' -� 3 It POW. m Z I IYVWo L5�} / � PROPOSED POROUS @ PAVEMENT DRIVE a PROPOSED PCC CURB d OL SCA 10' 10' LE: 1"= 30' PROPOSED k PCC CURB ® S' PUBLIC RIGHT-OF-WAY DEDICATION TO THE CITY -- OF ENCINITAS PREPARED FOR: SCOTT L. GLENN PROPOSED ° ADDRESS: 1022 SIDONIA STREET, PCC CURB ENCINITAS, CA APN 256-232-24 �— - - NOTE: A\/r=.PASSIFLORPA\/r=. BOUNDARY DIMENSIONS DEPICTED HEREON ARE PER ROS NO. 22630 LAND S9 LES FcF<o9 COASTAL LAND SOL MON3,INC. 2 LS577 SECM STREET N ENCINITAS, CA 92024 /J L.S. 7959'' PH (760) 23D-6025 V 9-5-17 * R FAX (760) 230-6026 SEAN C. ENG RT, L.S. 7959 DATE OF CAL CLS#1335 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 CaliforCnia, ) County of !:Zkyy 1 n J On I (- --30-72-0 1­7 before me, nc C?lc,,- ► t , S I mC Yl I O f O f �J O, f C Date L Here Insert gName and Titl of the Officer personally appeared CI�('1S!�Q,\F.t— L. ) Name(s) of Signer o) who proved to me on the basis of satisfactory evidence to bet erson(s) whose name(s`) is re I scribed to the within instrument and acknow ged to me tha he/ he/they executed the s�ie in her/their authorized capacity(ies), and that by is her/their signature s)on the instrument the person(s), he entity upon behalf of which the person(s) ed, 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. ,•^ ACom A SIMON ` ol+M.i 2182398 UI ! p NOica � Signature ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: -. Corporate Officer — Title(s): - Corporate Officer — Title(s): - Partner — C Limited General Partner — - Limited General - Individual - Attorney in Fact - Individual -Attorney in Fact - Trustee - Guardian or Conservator -Trustee - Guardian or Conservator - Other: — Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907