Why do we have to pay to pave the road?
Elevado Road is a private, nonpublic road. Its entire length consists solely of a chain of easements across the front of each property facing Elevado, from the very end to the very beginning. Each property Owner has a right under their deed to use this easement to access their property. In return for this right of use, each Owner also has the responsibility under the law to contribute to its repair and maintenance. It is not free.
Why is this so urgent?
The deterioration to the roads is accelerating, and the longer we wait the more it will cost. Also, the people working on this project, both the residents and the outside contractors interested in bidding on this project, will soon lose interest and the opportunity may slip away. Many of the key volunteers run successful businesses, and cannot afford to keep investing hundreds of hours without a commitment from the entire community.
Why am I just now hearing about the Save Elevado Road Plan?
Over thirty residents have been proactively working on this project with open meetings since April. By word of mouth and by email, residents representing all neighborhoods in the community were encouraged to attend. No one was turned away. Fortunately, thanks to these efforts, a combination of resourceful individuals are finally willing to tackle a problem that has been challenging our community for decades. The Save Elevado website is the result of their efforts, and represents their notification to the community at large that we finally have a solution at a reasonable, and equitable apportioned cost.
Will side roads be paved?
Yes, but only if the property Owners on each side road agree to pay for it.
Why aren’t the side roads automatically included in the Elevado proposal?
Property Owners should not be asked to pay for repairs to any side road, or any portion of Elevado Road, that they do not use.
How much will the road paving cost me?
The amount each Owner is expected to contribute is set forth on the spreadsheet posted in the Library, under "Address Table / Elevado Cost Allocation List." Each Owners’ contribution is listed by his or her address.
Does everyone pay the same amount for the paving?
No. Each Owner’s share is determined by the length of Elevado Road they use to get to their property.
Why can't everyone just pay the same share?
Legally (see California Civil Code 845), Property Owners are not obligated to contribute to any portion of the Road over which they have no easement. Furthermore, why should someone on Aloha (at the beginning of Elevado Road) pay eight times more than someone on Flametree (at the end of Elevado Road), particularly when they use only a fraction of the road? The proposal for equal shares is one of the reasons this project failed 15 years ago, and is why the current plan is based on the length of Elevado Road used to access each Owner's property.
How were the cost shares determined?
The amount of each contribution is determined mathematically by dividing the length of Elevado road used by each Owner by the total of all distances used by each of the 181 Owners. The Address Table / Elevado Cost Allocation List illustrates how this is calculated. Given the size of the community and the difficulty of quantifying any other reasonable basis, the proportional distance used by each Owner is the simplest and most fair way to allocate the cost. If you live on a side road, your use of Elevado Road is determined by the distance from the beginning of your side road to Vista Grande.
What payment forms are accepted?
At this time, payment is available only by check. See the Terms And Conditions For Deposit Account for details.
When do I need to make my payment?
In order to stay on our proposed timeline, Property Owners are urged to submit their payment immediately, but no later than October 1. Owners who do not make their contribution by October 1 will be invoiced, payable on receipt. See the Terms And Conditions For Deposit Account for details.
Where does my money go until the road is paved?
The money will be deposited in an account at Pacific Marine Credit under the management of the Bank’s CEO and Elevado resident, Mr. Bill Birnie. Mr. Greg Quiring and Mr. Greg Pizza will also be account holders. Click here for Terms And Conditions For Deposit Account. For more information about the Bank account holders, visit the About Us page.
Why am I asked to pay before there is a final bid?
In the opinion of our key advisers, the optimum strategy for negotiating the most cost effective final price will be when the money is in hand and the commercial bidders know the project is real. We need your help to make this a reality!
Why isn’t the City of Vista or the County of San Diego responsible for paving the road?
The City has no responsibility for maintaining roads that are outside the City’s boundaries, nor does the County of San Diego have any responsibility for maintaining private roads like Elevado. It is up to us, the property Owners to meet our responsibility under the law and solve our own problem. For additional details, visit The Problem page.
What if my neighbor doesn't want to participate?
We recommend everyone read California Civil Code 845.
Do the owners of undeveloped lots have to contribute?
Yes, they will be asked to contribute. One of the owners of the Panoramic Estates project has volunteered to solicit payment from the remaining owners, and the 33 undeveloped lots are included in the table at a reduced rate of 50% of the calculated amount, per lot. We have identified an additional 20 undeveloped lots, that are not included in the table, whose owners will still be asked to contribute.
What if we don't pave the road?
According to industry standards, the roads have already reached the end of their useful life. The cracking in some areas is so severe that large fragments of asphalt can be removed by hand. As these cracks spread, more and more of the entire asphalt will have to be removed and replaced. Over time, the cracking will spread faster and faster. In other words, the longer we wait, the faster the roads will deteriorate. Meanwhile, the cost of construction material and labor will only go up over time. “Kicking the can down the road” in the hope someone else will take care of it is short sighted, wishful thinking. For additional details, visit The Problem page.
When will the road paving commence?
After we collect sufficient funds we intend to go out for competitive bidding within 10 days, and allow thirty days for bidding and negotiation with final contracts to be executed within two weeks after the winning bid is selected. We will specify in the bid package that work must begin within six weeks after signing contracts, weather permitting. Additional updates will be provided to all individuals who opt-in to receive them. Visit the Contact page to be added to the mailing list, join NextDoor Elevado, and like the Save Elevado Road FaceBook page for updates.
How long will it take to pave the road?
Will I be required to provide an easement of my property line for paving?
No. The easement for the road is already established. However, if we receive additional requirements from the contractors we will immediately contact the concerned property Owners as soon as those requirements are known.
Which company is paving the road? Did you get multiple bids?
We intend to engage in competitive bidding and negotiation once sufficient funds have been collected, and multiple bids will be received.
Who maintains the road after we pave it?
We ALL do. Once we are successful with repairing the existing damage, we will present a proposal for maintaining the roads on a regular basis.
What benefits will there be to having the road paved?
In addition to protecting and improving the value of your property, the future cost of repairing and maintaining the road will be reduced. A properly repaired road will be easier to maintain on a regular basis. There are also additional benefits to ease of access for emergency and first responders.
Do I have to sign a commitment to participate?
Your check is your commitment. You are expected to read and understand the terms and conditions relied on by the account custodians in return for accepting your deposits.
Is the road paving tax-deductible?
That is a question for your tax advisors, but for purposes of understanding this proposal, assume it isn’t.
Can I finance my share of the road paving?
At this time we are unable to offer any community financing, however your financial institution of choice could likely offer financing if necessary
I was not told that the road was private when I bought my home, why do I have to pay?
We suggest you examine the disclosures in your contract to purchase your home, the title report and the deed you received. If you do not find any disclosure about your right to use the Elevado Road easements, your need to contact your title company.
My home is on the market. Why do I have to contribute if I'm moving? Do I still have to contribute?
Yes, every legal owner is expected to pay their fair share. Furthermore, your buyer will question why they weren’t informed about this liability, and why you left it to them. Second, no one knows with any certainty when, or if, a buyer will meet your price.
When new homes are built (or major home renovations completed), will they be assessed a fee for the heavy equipment and wear and tear resulting from construction?
If the community is successful in adopting a maintenance agreement after the repairs are completed, this will be addressed, along with all of the other maintenance issues which affect our road, such as excessive irrigation run off, mismanagement of tree roots from adjoining properties, and unusually heavy traffic volumes.
Will my home value increase after the paving?
Most likely yes, although it's difficult to say by exactly how much. What's more important is that you can be assured your home will not decrease in value. Safe roads in good condition are something that most potential home buyers expect. Poor roads could make up their mind about buying your home before they even see it. The case study on a nearby home sale with a substandard private road is a perfect example of this. Click here to learn more.
In addition to repaving, what else can we do to prevent damage to the road, and to help maintain our new road after it's paved?
Don't water the road. Water is known to accelerate asphalt damage. It is important to test your irrigation system and correct overspray and runoff. Remove invasive trees and other plant species that undermine the road. If you have any questions consult a qualified horticulturalist or ask us for more information. Finally, supervise all heavy vehicles entering your driveway that may be unsuitable for the change in grade, possibly causing damage to the road by “bottoming out”. These are just a few common sense recommendations.
Will a maintenance agreement be included after the paving to protect our investment?
Yes. After road repairs commence, a draft agreement will be published for comments. The form of Maintenance Agreements proposed in the past were unsuitable for an existing neighborhood of this size, and offered insufficient incentive for people to sign. A more suitable, enforceable agreement will be proposed that will provide benefits (as well as obligations) for all neighbors.
Are third parties planning additional / future repairs?
Yes. We are aware of one project tentatively planned in approximately one year by Vista Irrigation District to replace a connection between the service line for Grandview and the main line under Elevado. In addition, the project known as Palisades near Pleasant Heights will be required to widen the curve near Grandview before building construction is permitted.
Why not wait until all third parties have completed work before commencing our project?
Unfortunately, there is never a perfect time to start. Repairs by third parties, such as utilities, are a fact of life that cannot be predicted. Pipes fail without notice. As for future developments, there is absolutely no schedule for when, or if, those improvements will ever be performed. Palisades has been in development for over thirty years, and the current owners have indicated they intend to sell without completing the project. We must act now, before the road fails completely.
Why is Save Elevado Road called an "Association"?
The California Corporations Code defines an Association as “… an unincorporated group of two or more persons joined by mutual consent for a common lawful purpose, whether organized for profit or not.” Cal Corp. Code §18035(a). That is what the Save Elevado Road organization is all about – a growing group of neighbors interested in restoring our common easement.
Furthermore “A partnership or other unincorporated association, whether organized for profit or not, may sue and be sued in the name it has assumed or by which it is known. Cal Code Civ. Procedure §369.5.
Now that we have been successful in raising adequate capital to repair our road, we may choose to qualify as a tax exempt, non-profit, association. This will be particularly useful as we move on to the next step of adopting a road maintenance agreement. If so, we will then adopt bylaws and formalize our association to submit the necessary regulatory filings for tax exempt status. But until then, with or without such formalities – we are “An Association”.