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2019-9128 4, _ DOC# 2019-0009128 1111111 IIIII IIIII IIIII IIII 111111 1111111111111111111111111111111111111 Recording Requested By: Jan 09, 2019 04:13 PM OFFICIAL RECORDS City Engineer Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $257.00 (SB2 Atkins: $225.00) When Recorded Mail to: PAGES: 7 City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Space above for recorders use only tA PRIVATE ROAD AND DRAINAGE FACILITIES MAINTENANCE AGREEMENT If APNs: 254-362-13, -14,45� Plan: 13866-G/I 11 Address: 782 Leucadia Blvd. Case No: 14-069 TMDB/DR/CDP THIS AGREEMENT for the maintenance and repair of that certain private access drive and those private drainage facilities, the plat of which is set forth in Exhibit "B" attached hereto and made a part hereof, is entered into by SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership ("Developer"), for the benefit.of1future subdivision lot owners ("Owners") who will use the private access drive, which shall include Developer to the extent Developer retains any ownership interest in any lot. 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 Tentative Map 14-069, 782 Leucadia Blvd. that will use and enjoy the benefit of said access drive and drainage facilities ("Improvements"). A complete legal description of said real property ("Property") is attached, labeled Exhibit "A" and incorporated by reference; and WHEREAS, it is the desire of Developer that the Improvements be Maintained in a safe and usable condition; and WHEREAS, prior to Developer's close of escrow of a residential lot within the Property to a home buyer, the California Department of Real Estate will require that Declarant: (1) record that certain Declaration of Covenants, Conditions and Restrictions and Establishment of Easements for Alia covering the Property, (2) form the Alia Homeowners Association, a California non-profit mutual benefit corporation ("Association") to own and Maintain the Improvements within the Property upon the Association Transfer Date, and (3) convey fee title of the Improvements to the Association immediately prior to the Association Transfer Date. "Association Transfer Date" means the first conveyance of a lot in the Property to a homebuyer under a public report issued by the California Department of Real Estate; and WHEREAS, it is the desire of Developer to establish a method for the Maintenance of the Improvements; and WHEREAS, it is the intention of 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. Developer shall be responsible for Maintaining the Improvements until the Association Transfer Date, at which time the Maintenance of the Improvements shall be undertaken by the Association on behalf of the Owners. Upon the Association Transfer Date, Developer shall have no further obligation to perform any Maintenance or be responsible for any expense related to the Maintenance, except to the extent that Developer is an "Owner" of any of the lots within the Property. "Maintaining", "Maintenance" and "Maintain" under this Agreement shall mean repairs and maintenance of the Improvements, including but not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, 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. 3. Developer shall be responsible for all costs and expenses for the Maintenance prior to the Association Transfer Date. After the Association Transfer Date, the Association shall be responsible for all costs and expenses of the Maintenance, which shall be paid out of assessments paid by Owners under the Declaration, subject to the right of the Association to charge an Owner for damage to the Improvements caused by such Owner. Notwithstanding the foregoing, the Owners shall remain liability for all costs and expenses for the Maintenance after the Association Transfer Date. 4. The obligation to Maintain the Improvements shall commence when the Improvements have been completed and approved by the City. 5. Developer and Owners shall jointly and severally defend and indemnify and hold harmless the City, City's engineer and its consultants and each of its officials, directors, officers, 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 Improvements, or to any other third persons arising out of or in any way related to the use of, Maintenance of, or the failure to Maintain the Improvements. 6. 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. 7. 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. 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. 8. 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 provisions. 9. The terms of this Agreement may be amended in writing upon the consent of Developer and the City. After the Association Transfer Date, the consent of the Association shall be required in lieu of the consent of Developer. 10. 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. 11. 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. DEVELOP ���� i�`y���✓.yi:'�J ���j� " By: G`�r 47 Nam John B. Vance Title: Assistant Secretary Date: January 3, 2019 By: Name: Dennis Schroeder Title: Authorized Agent Date: January 3, 2019 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 January 3, 2019 before me, Patty Rivas a Notary Public, personally appeared John B. Vance and Dennis Schroeder , 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 hie/they executed the same in hisAaar/their authorized capacity(ies), and that by h+sJher/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. PATTY RIVAS m ` Commission No.2130542 n Z NOTARY PUBLIC-CALIFORNIA m SAN DIEGO COUNTY Commission Padres November 13,2D19 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 Exhibit `A' Legal Description of Real Property Real property In the City of Encinitas, County of San Diego, State of California, described as follows: PARCEL 1: (APN: 254-362-45-00) THE WEST HALF OF LOT 17, HILLSIDE ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927. EXCEPTING THEREFROM THE SOUTHERLY 165.00 FEET THEREOF. PARCEL IA: AN EASEMENT FOR ROAD AND PUBLIC UTILITIES AND PURPOSES INCIDENTAL THERETO, OVER, ALONG, ACROSS, AND UNDER THE EASTERLY 15.00 FEET OF THE SOUTHERLY 165.00 FEET OF THE WEST HALF OF SAID LOT 17. PARCEL 2: (APN: 254-362-14-00) ALL OF LOT 19, HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0, 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927. EXCEPTING THEREFROM THE WESTERLY 50.00 FEET OF THE SOUTHERLY 200.00 FEET THEREOF. ALSO EXCEPTING THEREFROM SOUTHERLY 30.50 FEET OF THE EASTERLY 150 FEET OF SAID LOT 19 AS GRANTED TO THE CITY OF ENCINITAS BY DEED RECORDED JUNE 8, 1998 AS FILE NO. 1998-0344289 OF OFFICIAL RECORDS. PARCEL 3: (APN: 254-362-13-00) THE WESTERLY 50 FEET OF THE SOUTHERLY 200 FEET OF LOT 19 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927. EXCEPTING THEREFROM THE SOUTHERLY 33.50 FEET. EXhibit 'P\' Plat of Private Access Drives and Drainage Facilities ___-_-__ a PRIVATE ROAD AND DRAINAGE FACILITIES MAINTENANCE AGREEMENT EXHIBIT 782 LEUCADIA BOULEVARD - ENCINITAS, CA 2 3 5 rr LOT 8I I LOT9 3 LOT 3 ll LOT6 -0 LOT 10 I LOTA LOT 5 I I 4 y I LOT 11 LOT4 LOT 12 I LOT 3 3 4 LOT2 I LOT I LEUCADIA BLVD O PRIVATE ROAD(LOTA)INCLUDING O PRIVATE STORM DRAIN FACILITIES DECORATIVE PAVERS AND ENFORCEMENT OF"NO PARKING"RESTRICTION ® DG PATH O HATCH REPRESENTS DESIGNATED O HEADER TANK, SUMP PUMP,PUMP STORMWATER TREATMENT BNIPAND VAULT FACILITY, ROCK RIP RAP, PCC HYDROMODIFICATION MANAGEMENT HEADWALL SCALE: 1"=80' FACILITY(PORTION LOT 7) 80 0 80 EXHIBIT'B"