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2018-146409 DOC# 2018-0146409 1111111 II I IIII III IIII IIIII II I IIII I I I III I IIIII IIIII III III Recording Requested By: ) Apr 12, 2018 03:29 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City Engineer ) SAN DIEGO COUNTY RECORDER FEES: $107.00 (SB2 Atkins: $75.00) When Recorded Mail to: ) PAGES: 7 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 Space above for recorders use only yPRIVATE ROAD MAINTENANCE JG� AGREEMENT FOR TM 5270RPL2 APN: 264-101-27 Case No: 09-054 ADR THIS AGREEMENT for the maintenance and repair of that certain emergency access road, herein referred to as "private access drive", the plat of which is set forth in Exhibit "B" attached hereto and made a part hereof, is entered into by THE BRIDGES CLUB AT RANCHO SANTA FE, INC., A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION, referred to as "Developer", for the benefit of future subdivision lot owners who will use the private road easements, hereinafter referred to as "owners", which shall include the Developer to the extent the Developer retains any ownership interest in any lot or lots. 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, Developer is the owner of certain real property being developed as Grading Plan 11314-G. that will use and enjoy the benefit of said private access drive. 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 Developer that said private access drive be maintained in a safe and usable condition by the owners; and WHEREAS, it is the desire of the Developer to establish a method for the maintenance and repair of said private access drive and for the apportionment of the expense of such maintenance and repair among existing and future owners; and WHEREAS, it is the intention of the Developer 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 private road easement shall be provided by the owner 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: reasonable and normal road improvement and maintenance work to adequately maintain said private access drive to permit all-weather access. Repairs and maintenance under this Agreement shall include, but are not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing, removing debris, maintaining signs, markers, gates, striping and lighting, if any, and other work reasonably necessary and proper to repair and preserve the easement for all-weather road purposes. 4. If there is a covenant, agreement, or other obligation imposed as a condition of subdivision approval to make private road improvements to the private road easement, the obligation to repair and maintain the private road easement as herein set forth shall commence when the private road improvements have been completed and approved by the City. 5. Any repair required to correct damage to said private access drive 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 private access drive to the condition existing prior to said damage. 6. It is agreed that Developer 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. Developer further agrees that the agent may at any time be replaced at the direction of the owner. 7. 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 private access drive, 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. 8. 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. 9. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of the owner and every owner or entity who shall at anytime own all or any portion of the property referred to herein. 10.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. 11. 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 8 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. 12. The terms of this Agreement may be amended in writing upon approval of the owner and consent of the City. 13. 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. 14. If the Property constitutes a "Common Interest Development" as defined in California Civil Code Section 1351(c) which will include membership in or ownership of an "Association" as defined in California Civil Code Section 1351(a), anything in this Agreement to the contrary notwithstanding, the following provisions shall apply at and during such time as (i) the Property is encumbered by a "Declaration" (as defined in California Civil Code Section 1351(h), and (ii) the Common Area of the property (including the private road easement) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private access drive and shall be deemed the "agent" as referred to in Paragraph 7 above. The Association, which shall not be replaced except by amendment to the Declaration, shall receive no compensation for performing such duties. The costs of such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property pursuant to the Declaration. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall have the right to alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the Property except as may be allowed by the Declaration. (c) This Agreement shall not be interpreted in any manner which reduces or limits the Association's rights and duties pursuant to its Bylaws and Declaration. ACCEPTED AND AGREED BY: DEVELOPER: GeraNdii . Douglas, President Date The ges Club at Rancho Santa Fe, . (Notarization of DEVELOPERs signature is attached). 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 California ) County of SCE rj 'D tE86 ) On_Qpv� i Cc, � before me, M Qe-- - D , Date Here Insert Name an ftle of the Officer personally appeared C­eg216 �7. QOua)o Name(s) of Signer(s) 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. MAGGIE IUEL NotaryPublic-California San Diego County n p, Commission#2211453 Signature O .J My Comm.Expires Sep 22,2021 fgnature 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 — ❑ 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 Exhibit `A' Legal Description of Real Property APN: 264-101-27 THAT PORTION OF PARCEL "A" OF CERTIFICATE OF COMPLIANCE B/C00-0260, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED APRIL 11, 2003, AS DOCUMENT NO. 2003-0412924, OF OFFICIAL RECORDS, BEING LOT 215 OF COUNTY OF SAN DIEGO TRACT NO. 4569-6, ACCORDING TO MAP THEREOF NO. 13887, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 8, 1999, AS ADJUSTED BY CERTIFICATES OF COMPLIANCE B/C00-0131, RECORDED OCTOBER 27, 2000, AS DOCUMENT NO. 2000-0583082, B/C00-193, RECORDED JUNE 1, 2001, AS DOCUMENT NO: 2001-0359313, B/CO1-0137, RECORDED SEPTEMBER 21, 2001, AS DOCUMENT NO. 2001-0680272, AND BC03-0250, RECORDED MAY 22, 2008, AS DOCUMENT NO. 2008- 0276786, ALL OF OFFICIAL RECORDS., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 89 058'14" WEST, 663.66 FEET TO THE WESTERLY LINE OF SAID EAST HALF; THENCE ALONG SAID WESTERLY LINE NORTH 01°25'43" EAST, 20.01 FEET TO A LINE RUNNING PARALLEL WITH AND DISTANT 20.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE ALONG SAID LINE SOUTH 89 058'14" EAST, 663.61 FEET TO THE EASTERLY LINE OF SAID EAST HALF; THENCE ALONG SAID EASTERLY LINE SOUTH 01°17'14" WEST, 20.00 FEET TO THE POINT OF BEGINNING. Exhibit `B' Plat of Private Access Road 60` I 2OF . i ` I 264-101 -27 PRIVATE ROAD MAINTENANCE AREA - - - - 1-" SCALE: 1" = 100' 0 100 200