2019-79318 y DOC# 2019-0079318
II II IIIII IIIII I I I IIII IIII III I IIII II I IIIII III IIII III II
Recording Requested By: ) Mar 05, 2019 04:31 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
City Engineer ) SAN DIEGO COUNTY RECORDER
FEES: $263.00 (SI32 Atkins: $225.00)
When Recorded Mail to: ) PAGES: 9
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
_Encinitas, CA 92024
Space above for recorders use only
PRIVATE ROAD AND DRAINAGE FACILITIES
MAINTENANCE AGREEMENT
APN: 254-144-03, 04, 05, 06 & 07 Plan #: 7893-G/I
Address: 1502, 1533, 1536, 1537 & 1570 Christine Place Case #: 99-150 TM/CDP
THIS AGREEMENT for the maintenance and repair of that certain private access
drives 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 First Regional Bank
Custodian, FBO Bruno Del -Bianco IRA, 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
Tentative Map 99-150, Christine Place that will use and enjoy the benefit of said access
drive and drainage -facilities. 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 and
drainage facilities 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 drainage facilities and for the
apportionment of the expense of such maintenance and repair among existing and
future owners; and
i
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 and drainage .
facilities 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 owning 100% of the number of units:
reasonable and normal road improvement and maintenance work to
adequately maintain said private access drive and drainage facilities to permit
all-weather access and conveyance of storm flows. Repairs and maintenance
under this Agreement shall include, but are 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.
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
or drainage facility 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 or drainage
facility 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 a majority of the owners. Repair
and maintenance work on the private access drive and drainage facilities shall
be commenced when a majority of the owners agree in writing that such work
is needed. The agent shall obtain three bids from licensed contractors and
shall accept the lowest of said three bids and shall then initiate the work. The
agent shall be paid for all costs incurred including a reasonable compensation
for the agent's services, and such costs shall be added to and paid as a part of
the repair and maintenance costs; provided, however, that compensation for
the agent's services shall in no event exceed an amount equivalent to 10% of
the actual cost of repairs and maintenance performed. In performing his
duties, the agent, as he anticipates the need for funds, shall notify the parties
and each party shall within forty-five (45) days pay the agent, who shall
maintain a trustee account and also maintain accurate accounting records
which are to be available for inspection by any party or authorized agent upon
reasonable request. All such records shall be retained by the agent for a
period of five years.
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 shall be
entitled without further notice to institute legal action for the collection of funds
advanced on behalf of such lot owner in accordance with- the provisions of
California Civil Code Section 845, 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 in the same percentages as they bear
the costs and expenses of such repairs and maintenance. Each owner shall
be responsible for and maintain his own insurance, if any. By this Agreement,
the Developer 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 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 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 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.
14. The 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.
16. 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 drainage facilities 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. The assessments shall be deposited in the
Association's corporate account.
(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:
Owner, 8RUAID fl&- 81ANCO Date
(Notarization of DEVE�OPERs 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 — l
County of (Va)l T J}
On (�Q V�f 2t) before me, Q l)
Dot IM Here Insert Name and Title of the Officer
personally appeared�YA W) 610&0
Nome(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(4whose namq( is/a/ subscribed
to the within instrument and acknowledged to me that he/silk/trey executed the same in his h/r/t/eir
authorized capacity(), and that by his/h�/tpAir signature on the instrument the person or the entity
upon behalf of whit the ersonA acted, executed the ins rument.
Ila Bill IN III IIIIIIIINIL I certify under PENALTY OF PERJURY under the
•`. `""` j"F ESMERALDA PAMATZ laws of the State of California that the foregoing
m COMM.#2194333 n paragraph is true and correct.
d a NOTARY PUBLIC-CALIFORNIA U
r CQ��OpN SAN DIEGO COUNTY = WITNESS my hand and official seal.
My commission Expir-04/28/2021
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached cume t
Title or Type of Document j rl�� LIA�
Document Date: 706K Number of Pages:
Signer(s) Other Than Named Above: 1�1
Capacity(ies) Claimed by igner(s)
Signer's Name: ! u. Ili b ayyw 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 of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
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02017 National Notary Association
M1304-09 (09/17)
Exhibit 'A'
Legal Description of Real Property
LOTS 1, 2, 3, 4 AND 5 OF LEUCADIA HILLS, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
14760, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 30, 2004, AS FILE NO. 2004-263025, OF OFFICIAL RECORDS.
2}E
Q�A�N6g. 0 50 100 200
b�
' SCALE IN FEET
6B GRAPE IC SALE
N�gA9 �i � 1 =100 ✓V
APN o l
254 LOT 3 5 Z S86' 27' 03"E
��S• �S� 60.00 299957 ' 03"E
��• �' N76' 08' 30"W S86' 27' 03"E '
�\ ��•. 59.99' ------- --
S61 24' 8"W 359.95'
^� APN 103.87' N 01' 03' 00".E 0 o
254-142-04 LOT 4 271.32 d
`acv LOT 2 APN ►�
254-142-07 0
LOT 5 N
oo
S28\35' 41"E ' 06' "W
94.81 S81 29 , p6,•,
N
S81. 1 26»E LOT 4 -.o'`' 120.71 �6p ��,6
168.89, - APN o N
_ 254-142-06:
U') o APN o
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Mo-- 254-142-03 /?a9. N .'/
1 04 I �� o ,/ Line Table
o I LOT 1 �� �.
% z j �s Line # Length Direction
i
S74' 46'x'35"W \ L1 11.130 S28' 35' 41.22"E
;30. 96'
0 o L2 30.000 S61' 24' 18.78"W
LOT 1 0
`o LO I to L3 54.800 S28' 35' 41.22"E
N30 \21' 26"W %
% �� 85.70' % ;' 0 Curve Table
i
DETAIL _181.23' —� Curve # Length Radius Delta
SHEET 2
-------- N86' 33' 41"W C1 195.778 150.000 074.7818
C2 74.847 150.000 028.5894
MAP OF LEUCADIA HILLS
IN THE CITY OF
ENCINITAS
FM No.: 14760
EXHIBIT B
SHEET 1 OF 2
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CONTINUES TO
PLATO PLACE
4
(NOT SHOWN )
LOT 1 '
CONC. DITCH '
CURB INLET��''
(TYP)
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--'' ASPHALT
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ROAD
e STORM DRAIN PIPE
(TYP)
\\ LOT 1
\\\\
( 4)
"STORM CHAMBER"
�� ♦ UNITS
DETAIL RIP RAP
0 10 20 40
SCALE IN FEET
GRAPFJIC SCALE
=20 EXHIBIT B
SHEET 2 OF 2