2018-146408 DOC# 2018-0146408
Apr 12, 2018 03:29 PM
Recording Requested By: ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
City Engineer ) FEES: $104.00 (S82 Atkins: $75.00)
When Recorded Mail to: ) PAGES: 6
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024
Space above for recorders use only
PRIVATE ROAD MAINTENANCE
AGREEMENT FOR 11314-G
J
CP
APN: 264-102-02-00 Case No: 09-054 ADR
THIS AGREEMENT for the maintenance and repair of that certain private access
drive, the plat of which is set forth in Exhibit "B" attached hereto and made a part
hereof, is entered into by RICHARD LEIGH BUMANN AND ADELINE ELIZABETH
BUMANN, TRUSTEES UNDER THE ADELINE & RICHARD BUMANN FAMILY TRUST
DATED DECEMBER 14, 1990, 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 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
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: 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, 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 extraordinary 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. 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.
7. 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.
8. 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.
9. 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.
10.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.
11.The terms of this Agreement may be amended in writing upon majority
approval of the owners and consent of the City.
12.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:
DEVELOPER:
7-,erJS7ZS,<' /8
Richard. Leigh Bumann, Trustee Date
—
Adeline Elizabeth B , ann, Trustee Date
(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 Ste,-, -akq a )
On U
CLA► before me, ,
Date Here Insert Name and T e of the Officer
personally appeared Ricj-)ar(A Le NQ h u nn S6 a d(I Y-)-L I►-1.0\0 e_lv"
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.
MAGGIEJUEL
WITNESS my hand and official seal.
-
Notary Public-California z
San Diego County 4.
Commission#2211453 Signature "1
My Comm.Expires Sep 22,2021 nature 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:
02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
Exhibit `A'
Legal Description of Real Property
PARCEL `A' FOR APN 264-102-02
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, AND RANGE 3 WEST, S.B.M., IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO U.S. GOVERNMENT
SURVEY APPROVED OCTOBER 27, 1875.
PARCEL 'B'
AN EASEMENT FOR ROAD AND UTILITY PURPOSES, WITH THE RIGHT TO GRANT TO
OTHERS, OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 60 FEET OF THE
NORTHERLY 285 FEET, AND THE EASTERLY 30 FEET OF THE SOUTHERLY 376 FEET OF
THE SOUTH 1/2 OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4
OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN,
THIS EASEMENT IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE
AND BENEFIT OF ALL PRESENT AND FUTURE OWNERS OF ALL OR ANY PART OF THE
NORTHERLY 25 ACRES OF THE EASTERLY ONE-HALF OF THE WESTERLY ONE-HALF
OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 9.
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Exhibit `B'
Plat of Private Access Drive
PRIVATE ROAD I
MAINTENANCE AREA
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264-102-02 SCALE: 1" = 100'
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