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"