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2021-731250DOC# 2021-0731250 Oct 21, 2021 08:39 AM Requested B Recording q y ) OFFICIAL RECORDS Ernest J Dronenburg, Jr., City Engineer ) SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) When Recorded Mail to: ) PAGES: 11 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY DECLARATION OF RESTRICTIONS: STORM DRAIN MAINTENANCE & HOLD HARMLESS AGREEMENT APN: 261-010-13-00 Project No.: 17-272 DR/CDP Plan No.: 14321-G/I This Storm Drain Maintenance and Hold Harmless Agreement ("Agreement") concerning certain storm drain facilities located on the property commonly known as 2695 Manchester Ave, Cardiff, California, 92007, more particularly described in Exhibit "A" which is attached hereto and made a part hereof (hereinafter referred to as "Property'), is entered into by the SAN ELIJO JOINT POWERS AUTHORITY (hereinafter referred to as "SEJPA"), owner of the property, and the CITY OF ENCINITAS (hereinafter referred to as "City'). The SEJPA and City are collectively referred to hereinafter as "Parties." RECITALS WHEREAS, SEJPA has undertaken a Stormwater Capture and Reuse project which couples existing stormwater, wastewater, and recycled water infrastructure with new proposed infrastructure to capture and divert approximately 7 million gallons annually of stormwater/urban runoff for treatment and reuse, thereby providing water quality benefits to the San Elijo Lagoon and providing source water for recycling by SEJPA as well as other stormwater improvements as part of the Water Campus Improvement project (hereinafter collectively referred to as the "Project"); and WHEREAS, as part of the Project, SEJPA removed the existing regional storm channel on the Property and replaced it with below ground storm drain pipes, which stormwater conveyance system is more specifically shown in Exhibit "B" attached hereto and made a part hereof (hereinafter referred to as "Storm Drain"); and WHEREAS, it is the desire of the SEJPA to periodically maintain and repair the Storm Drain on the Property, and to hold harmless, defend and indemnify the City from and against claims arising from drainage running through the Storm Drain on the Property; and WHEREAS, it is the intention of the Parties that this Agreement constitute a covenant running with the land, binding upon successive owners of the Property, and to provide notice of the same to any successors or assigns of SEJPA or future owners of the Property by recording this Agreement in accordance with Government Code Sections 27280 and 27281.5. NOW THEREFORE, it is hereby agreed for valuable consideration as follows: AGREEMENT 1. SEJPA shall be responsible for the cost and expense of maintaining and repairing the Storm Drain located on the Property. Nothing in this Agreement shall preclude SEJPA from recovering the cost of any maintenance or repairs caused or contributed to by the negligent, reckless or wilful misconduct of City or any third party. 2. The repairs and maintenance to be performed on the Storm Drain under this Agreement shall be limited to the Property and include the following: reasonable improvements and maintenance work to adequately maintain the Storm Drain in proper working order as determined by applicable City policies and requirements; repairing and maintaining drainage structures; and removing debris. The Storm Drain shall be maintained regularly as necessary to keep the facilities in proper working order and to meet the requirements of the SEJPA's industrial facility stormwater permit. Nothing in this Agreement shall require SEJPA to perform any maintenance or repairs of the storm drain system that is not on SEJPA Property. 3. SEJPA shall defend, indemnify, and hold harmless City, and City's 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 ("Claims") arising out of or in any way related to SEJPA's repair or maintenance of, or SEJPA's failure to repair or maintain, the Storm Drain on its Property, except that in no event will SEJPA be responsible for any Claims arising out of or in any way related to the negligence, recklessness or wilful misconduct of City or any third party. 4. City shall defend, indemnify, and hold harmless SEJPA, SEJPA's officials, directors, officers, agents and employees, from and against all Claims arising out of or in any way related to City's repair or maintenance of, or City's failure to repair or maintain, fixtures, appurtenances, channels or other infrastructure owned or operated by the City that connected to the Storm Drain on SEJPA's Property, except that in no event will City be responsible for any Claims arising out of or in any way related to the negligence, recklessness or wilful misconduct of SEJPA or any third party. 2 5. SEJPA unconditionally waives all present and future Claims against City and City's officers, officials, employees, and agents that are alleged to have arisen, directly or indirectly, from drainage or runoff from the Property or the Storm Drain on the Property. It is further understood and agreed that SEJPA expressly waives its rights under California Civil Code section 1542, which provides as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. It is further understood and agreed that SEJPA does not waive and expressly reserves any Claims and defenses that are alleged to have arisen out of or relate to the negligence, recklessness or wilful misconduct of City or any third party. 6. In the event the SEJPA fails to maintain the Storm Drain on the Property in good working condition acceptable to the City, the City, its agents, or its contractors, may take the steps necessary to correct deficiencies and charge the costs of such repairs to the SEJPA. It is expressly understood and agreed that the City is under no obligation to maintain or repair the Storm Drain on the Property, and in no event shall this Agreement be construed to impose any such obligation on the City. 7. The Property is benefited by this Agreement, and the Parties intend and agree that this Agreement shall be recorded and constitute a covenant running with the land, such that each and every person who shall at any time own all or any portion of the Property containing all or any portion of the Storm Drain shall be expressly bound by the covenants herein contained. 8. This Agreement shall be binding on the Parties and each of their successors and assigns. 9. This Agreement shall be governed by the laws of the State of California. 10. 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 may be executed in multiple counterparts, each of which shall be an original, and all of which, when taken together, shall constitute one and the same agreement. [Signature Page to Follow] 3 ACCEPTED, ACKNOWLEDGED AND AGREED BY: SEJPA: Mic ae T. Thornton, P.E. General Manager San Elijo Joint Powers Authority AND CITY OF ENCINITAS: !B�fnlkston rCity Engineer CiEncinitas 10 Co 1.2-DIZ-A Date 10//1ZZ1 Date 4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity of the individual who signecithe document to which this certifrcate is attached, and not the truthfulness, accuracy, or validityof that document State of Califomia County of'� ►/ t On �61,1021 before me, Ifin• ANNOr Nvk ev k 0 I V 'MVC4 Pybk�G Date Here Insert Name and Title o the Officer personally appeared Mat_Viole' -T . T�AoMrgn Name(s) ofSigner(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. aCONNOR KNACK Notary Public -California San Diego County Commission K 230885 My Comm. Expires Jun 19. 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of Calromia that the foregoing, paragraph is true and corredL WITNESS my hand and official seal- Signature OPTIONAL Signature of Notary Public Comp/etfng this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description ofAtzached Title or Type of Docume rinr[TM r r)a{a• ,0 Signer(s) Other Than Named Above: Capacity(iess) Claimed by Signer(s) Signer's Name: 0 Corporate Officer - El Partner- ❑ Limit13 e Individual ❑ Trustee El Other. Signer is Representing: d Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator Signer's Name: ❑ Corporate Officer -Title(s): ❑ Partner- ❑ limited ❑ General ❑ Individual ElAttorney in Fact ❑ Trustee ElGuardian or Conservator ❑ Other. Signeris Representing: EXHIBIT "A" Legal Description of the Property The land referred to herein is situated in the State of California, County of San Diego, City of Encinitas and described as follows: Those portions of the East half of Section 27 and the Northwest Quarter of Section 26 in Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to the Official Plat thereof, described as follows: Beginning at a found concrete monument accepted as the West Quarter corner of said Section 26; thence North 00 06' 01" West, along the West line of said Section 26, 100.01 feet to the North line of the South 100 feet of said Northwest Quarter; thence 79° 52' 06" East 639.26 feet to a point in the Southwesterly line of that Parcel of land described in Parcel 5 of that certain Final Order of Condemnation, filed for record on September 14, 1962 as Instrument No. 159336, of Official Records of said County; thence along said Southwesterly line as follows: North 330 10' 44" West, 626.28 feet; North 32° 21' 02" West, 475.72 feet; and North 160 10' 36" West 645.50 feet to a point being a coordinate Y=311,809.99 feet and X-1 686.529.47 feet also being a point in the Northerly line of the land described in deed to Hector A. Shelley, and Daniel T. Shelley, recorded July 20, 1961 as Instrument No. 124478, of Official Records; thence along said Northerly line, North 89° 08' 03" West (Record West) 540.57 feet to the Northwesterly corner of said land; thence along the Westerly line thereof, South 090 35' 03" East (record South 90 38' East), 1783.73 feet to the Southeasterly corner of Cardiff, Map No. 1298, filed in the Office of the County Recorder of San Diego County; thence along the Southerly line of said Shelley Land South 88° 51' 20" East (record North 890 27' East) 141.31 feet; thence South 26° 16' 15" East, 223.26 feet; thence South 00 04' 43" West, 139.35 feet to a point on a 690.00 foot radius curve concave Northerly in the Northerly line of the land described in deed to Cardiff Sanitation District recorded October 18, 1956 in Book 6305, Page 93, of Official Records, a radial bears South 2° 41' 05" West to said point; thence along the Northerly line of said land Easterly along said curve through a central angle of 7° 08' 20", 85.91 feet; thence tangent to said curve, North 850 33' 03" East 50.40 feet to the beginning of a 810.00 foot radius tangent curve concave Northerly, a radial which bears South 4° 26' 57" East; thence Easterly along said curve through a central angle of 0° 59' 10", 13.94 feet to the East line of said Section 27; thence along said East line, North 0° 04' 43" East 329.29 feet to the point of beginning. Excepting therefrom that portion of the above described land granted to the State of California indeed recorded March 11, 1969 as Instrument No. 42205, of Official Records. APN: 261-010-13-02 and 261-010-13-01 (End of Legal Description) EXHIBIT "B" EXHIBIT OF STORM DRAIN FACILITIES LEGEND SEJPA MAINTENANCE AREA - RAW V _ r ,CLEANOUT - - l 60" I.D. HDPE ..�� < -SEJPA MAINTENANCE AREA 02 :A aAnllc SCALE IN FEET To ;oa STORM DRAIN MAINTENANCE®LIMITS SHEET 1 OF 5 W w x fn w W U) w z J x H Q CLEANOUT -J SEJPA MAINTENANCE AREA w J 3 0 J W m w v) w z J U F— Q Q .. W �= 60" LD. HOPE N 2 � SEJPA MAINTENANCE AREA a U STORM DRAIN MAINTENANCE LIMITS SHEET 2 OF 5 U- N W LLJ J W F 0 N J — � W z A Ld - L _ W W z _ -- CLEANOUT 60" LD. HDPE __ U SEJPA MAINTENANCE AREA F � F W W > W O = m N W W W z W N W W:09, z z J J _ 2 H O - 60' I.D. HDPE Q t- - - - Q - - -SEJPA MAINTENANCE AREA m GRAPM an••e M FlEt 1M RW STORM DRAIN MAINTENANCE LIMITS SHEET 3 OF 5 D WINGWALL n 2 r � SEJPA MAINTENANCE AREA CHANNEL DESILTING BASIN CRAPWC 4CNF N RWT i�a STORM DRAIN MAINTENANCE LIMITS SHEET 4 OF 5 / 11/1111//1/1// /11111/ `ll;/jljl%1�1%1%1%1%1�1�1�1111 111111 1%1%/%1�/�11/lllllll � �` 1111/11�111�11111111 SEEP P M pM DNA"�E AREA / l / f � M