Private Rural Road Maintenance Agreement 2000-0501080CITY CLERK
CITY OF POWAY
PO BOX 789
POWAY, CA 92704-0789
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SEP 19, 2000 11:48
FF UAL REC DS
SAN DIEG CUNT? REC DER'S OFFICE
MITH, CO T¥ ECORDE
~E: .00
501 80
PRIVATE RURAL ROAD MAINTENANCE AGREEMENT
THIS PRIVATE RURAL ROAD MAINTENANCE AGREEMENT ("Agreement"), dated as of
the date of by the City of Poway set forth I: t into between
MOHL1NG HOYT PARTNERS, a California General Partnership, hereinafter referred to as
"SUBDIVIDER", and the CITY OF POWAY, hereinafter referred to as "CITY", for the benefit
of the future I .]o will use the PRIVATE RURAL ROAD, hereinafter referred to as
"LOT OWNERS", which shall include the SUBDIVIDER to the extent the SUBDIVIDER
retains any ownership ' y lot or lots within the property which is the subject of this
Agreement. LOT OWNERS shall be those p g Parcels I or 2 or 3, and
DPERTY.
WHEREAS, this Ag ~uired as a condition of approval by the CITY of the
Parcel Map (TPM 97-14) for SUBDIVIDER'S property which will be served by the PRIVATE
RURAL ROA :t under this Agreement;
WHEREAS, SUBDIVIDER wishes to provide for tl~ ~ repair of that
PRIVATE RURAL ROAD described and shown on Exhibit A attached hereto
and made a part hereof, hereinafter referred to as the "PRIVATE RURAL ROAD";
WHEREAS, the parties acknowledge that said PRIVATE RURAL ROAD was designed
and constructed in 1992 by a majority of the adjacent property owners F CITY Permit
as a "resid :1 paving of private road" and has subsequently b t by a
majority of said adjacent prop aout a M Agreement;
WHEREAS, SUBDIVIDER is the owner of certain real property being subdivided and
developed as three single family residential parcels that will use and enjoy the benefit of such
PRIVATE RURAL ROAD. A complete legal d F said real property is included in
Exhibit B attached hereto and made a part hereof. Said real property, ~ Parcels 1
· hereinafter referred to as the "PROPERTY";
WHEREAS, all LOT OWNERS shall enjoy the benefits of this Agreement. Parcel 4 is
intended to be set aside as permanent Open Space and is expressly excluded from having any
voting rights as to tl~ :1 enf ['this Agreement, or for purposes of resolving
disagreements between all LOT OWNERS;
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desire of th JRAL
WHEREAS, it is the mutual desire of the parties hereto to establish a method for the
:1 repair of the PRIVATE RURAL ROAD and for the apl~ [the
[ such ~air;
WHEREAS, the SUBDIVIDER will make, execute and record a 13 [
Conditions and Restrictions ("DECLARATION ") subjecting the PROPERTY y
constituted, to conditions and for the benefit of the PROPERTY and its present and
sul~ t this A [1 l: t into said Declaration by reference
and attachment;
WHEREAS, the City of Poway shall be deemed a party hereto with the right but not the
oblig ~orce full compliance with the terms and conditions of this Agx
WHEREAS, it is the mutual ' Fthe parties that this A
a the land, binding upon each successive LOT OWNER of any or all
portions of the PROPERTY, including any subsequently annexed parcels.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
The property benefited by this Agx he PROPERTY, including any parcels
subseq ~ to the PROPERTY. The present and LOT OWNERS of
all or any portion of the PROPERTY are expressly bound hereby for the benefit of the
PROPERTY.
Excluding Parcel 4, the responsibility for and the costs of J, and repairing the
PRIVATE RURAL ROAD shall be divided equally among all subdivided I:
in the PROPERTY, including any fu t parcels, and the pro rata share of said
costs shall be paid by each LOT OWNER or his or her I~ ' t
interest.
The repairs and be performed under this Agreement shall be limited to the
following, unless the consent for additional work is given by a majority of the LOT
OWNERS owning 100% of th ' ' ; the PROPERTY: reasonable and
normal road im!c ~ to adequately maintain the PRIVATE
RURAL ROAD and any related drainage facilities to 12 :1
egress to and from the lots within the PROPERTY. Repairs and :ler this
A nail include, but are not limited to, filling of chuck holes, ' ' ~s,
repairing and resurfacing of roadbeds, repairing and g drainag
removing del: ' ' ' g signs, markers, striping and lighting, if any, and such other
work 91 ~air and preserve the PRIVATE RURAL
ROAD for normal : ' t egress purposes.
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It is agreed that SUBDIVIDER is initially the Ag t do all acts
t/or aut12
this Agreement. The parties furth ae St ?~ may
replaced as Agent at the direction of the majority of the LOT OWNERS owning 100% of
the p 9rising the PROPERTY and shall be replaced as Agent when
SI 9
c on the PRIVATE RURAL ROAD shall 12 t when the
majority of LOT OWNERS owning 100% of the 1~ t in the PROPERTY agree
hat such work is needed. The Agent shall obtain three bid
licensed t shall accept the lowest qualified bid and initiate the work. The
Agent shall be reimbursed for all d t. In performing his duties, the
Agent, as he anticipates the need for funds shall notify the LOT OWNERS of their pro
rata share and each LOT OWNER shall within forty-five (45) days pay th '
share.
Should any LOT OWNER fail to pay their pro rata share of the costs and expenses as
provided in this Agreement, then the Agent or any other LOT OWNER(S) shall be
entitled, without furtl~ legal action for the collection of funds
advanced on behalf of such LOT OW~ ~tance with the
Califomia Civil Code Section 845, and shall be entitled
addition to the funds advanced, interest thereon at the current lC
paid, all costs and dist: ~such ting such
may fix as and for reasonable attorneys' fees.
· . [
a action in
Finterest, until
he Court
The cost of :linary repair required to correct damage to the PRIVATE RURAL
ROAD shall be the responsibility of the party causing the need for such extraordinary
repair. If any such extraordinary t by a LOT OWNER, that LOT OWNER
shall promlc ~ t effect such extraordinary repair which shall restore the
PRIVATE RURAL ROAD to the cond ; prior to said damage. Should said
LOT OWNER fail to discharge his or her duties under this paragraph, the Agent and/or
other LOT OWNER(S) shall proceed in accordance with paragraphs 4 and 5 above to
eff a repairs and collect the costs.
In the event the Ag perform any of t repair
obligations with regard to the PRIVATE RURAL ROAD, the Agent shall require such
liability ' liability arising ~its
h regard to such t
The Agent and the LOT OWNERS shall jointly and severally defend and indemnify and
hold harmless CITY, CITY's engineer and t12 ' ~ each of their officials,
directors, officers, agents and employ t against all liability, claims, damages,
losses, expenses, personal injury and otl: ting costs of defense and attorney's
f t by or payable to any other LOT OWNER ~the PRIVATE
RURAL ROAD, her third p ' ' g out of y related to the
,'pair of the PRIVATE RURAL ROAD. Nothing in this Agreement,
the specifications, or otl: d CITY's approved of the plans and
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10.
11.
12.
13.
14.
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39OO
specifications for or inspection of the work regarding, the PRIVATE RURAL ROAD is
such matter, and CITY, CITY's engineer, and th ' :1 each of their officials,
directors, officers, employees and agents shall have absolutely no responsibility or
liability therefor.
If, in the CITY's sole Judgment, the PRIVATE RURAL ROAD is not being maintained
to standards set forth in Paragraph 3 of this Agreement, the CITY may thereupon provide
the Agent and the LOT OWNERS :
within ninety (90) days. Upon failure to d good faith to mak
fin a ninety (90) days of receipt of such notice, the SUBDIVIDER and
LOT OWNERS agree that the CITY may make all needed repairs to the PRIVATE
RURAL ROAD to meet the standards set forth in Paragraph 3 and to then assess the costs
thereof to the LOT OWNERS. The LOT OWNERS shall reimburse the CITY for all
reasonabl t by the CITY ' ~ such ~
the LOT OWNERS d >urse the CITY within thirty (30) days after CITY's
demand, then CITY may pursue all of its remedies at law or in equity.
If the CITY ~ e necessary rep lance with paragraph 9 above, said
work shall be witl~ .~. Said repair shall be accepted "as is" by the LOT
OWNERS without any [workmanship.
The foregoing aall mn with the land and shall be deemed to be for the benefit
of the land of each of the LOT OWNER and each and every person who shall
own all r the PROPERTY referred to herein.
It is understood and agreed that tl~
heirs,
t shall be binding on the
assigns of each of the LOT, OWNERS.
It is the purpose of the signatory hereto that th' be recorded to the end and
intent that the obligations hereby created shall be and a
the land and any subsequent purchaser of all or any portion of the PROPERTY, by
acceptance of delivery of a deed and/ 3ardless of form, shall be deemed
to h t to and become bound by this Agreement.
The terms of~' be amended in writing Ul:
LOT OWNERS and consent of the CITY.
.~proval of the
This Agreement shall be governed by the laws of the State of California. In the event that
any of the I: ' ' ~' held to be unenforceable or invalid by any
court of competent jurisdiction, the validity and enforceability oftl~ ' ' g
1~ ' ' ~all not be affected thereby.
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IN WITNESS WHEREOF, the parties
this Ag~
ae dates set
OWNERS:
A General Partnership
ACCEPTED:
CITY OF POWAY
Approved as to fo~:
Date:
Date:
Date:
Date:
/ t/0o
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ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of ,~'~ ~)';
On ~-_-~ -{=. '~
personally appeared
SS.
before me, I~G~G~u'~ .-.~'~.~,e ~:~O0¢re~.J, ]~/Ct~C.h. ~'~i ;-
~Lproved to me on the basis of satisfactory
evidence
to be the person(~ whose name(~ is~..~
subscribed to the within instrument and
~executed
the same in J:~,~;~r(~.~ authorized
capacity~ and that by
signature(Ca~ ',~, or
behalf of which the person(~
acted,
OPTIONAL
Title or
I~c,c.ument
~] Individual ~
~ Title(s):
~ Partner-- [] Limited [] General
[] Trustee
[]
[] Other:
EXHIBIT A
LEGEND
3963
PARCEL 2
PARCEL 1
PARCEL
ILLUSTRATIVE PLAT
POWAY TPM g7-14
PRIVATE ROAD MAINTENANCE AGREEMENT
EXHIBIT B 3 9 6 zJ
APN: 278-200-24
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 13 SOUTH,
RANGE 1 WE ' ' [NO .~ITY 0 COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER; THENCE, SOUTHERLY ALONG THE WESTERLY
BOUNDARY THEREOF SOUTH 01 °57'57" WEST 292.22 FEET TO THE BEGINNING OF
A NON-TANGENT 150 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO
SAID CURVE BEARS SOUTHEAST, AND THE TRUE POINT OF BEGINNING; THENCE,
EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 09°57'33", A DISTANCE OF 26.07 FEET; THENCE, NORTH
82032'22'' EAST, 156.11 FEET; THENCE, NORTH 78035'40'' EAST, 176.42 FEET;
THENCE, NORTH 74°02'45" EAST, 200.00 FEET TO THE BEGINNING OF A TANGENT
400.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE, EASTERLY
AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 17°54'01" A DISTANCE OF 124.97 FEET; THENCE, SOUTH 88007'38" EAST, 70.00
FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE, NORTHERLY AND EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 35007'29'' A DISTANCE OF 245.22
FEET TO THE BEGINNING OF A REVERSING 200.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE, EASTERLY AND SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 36°43'15" A DISTANCE OF 128.18
FEET; THENCE, SOUTH 86°31 '52" EAST, 227.39 FEET TO THE INTERSECTION WITH
THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER; THENCE, NORTHERLY ALONG THE EASTERLY LINE THEREOF NORTH
01012'40'' EAST, 61.16 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER; THENCE, ALONG THE NORTHERLY LINE
OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER SOUTH 89°11'51"
EAST, 1311.02 FEET TO THE NORTHEAST CORNER THEREOF; THENCE, SOUTH
00°28'38" WEST ALONG THE EASTERLY LINE THEREOF 775. l0 FEET; THENCE,
LEAVING SAID EASTERLY LINE NORTH 89°31 '22" WEST, 606.00 FEET; THENCE,
SOUTH 34°01 '25" WEST, 432.74 FEET; THENCE, NORTH 89°09'04" WEST, 318.78 FEET;
THENCE, NORTH 01°52'34'' WEST, 506.98 FEET; THENCE, NORTH 57020'20'' WEST,
445.80 FEET; THENCE, SOUTH 87°30'29" WEST, 408.21 FEET; THENCE, SOUTH
15°42'32'' EAST, 172.00 FEET; THENCE, SOUTH 35°19'41'' EAST, 78.00 FEET; THENCE,
NORTH 66°01'35" WEST, 99.00 FEET; THENCE, NORTH 15°42'32" WEST, 194.00 FEET;
THENCE, SOUTH 87°30'29" WEST, 198.00 FEET; THENCE, SOUTH 58°19'34'' WEST,
498.48 FEET TO THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER; THENCE, NORTH 01°57'57'' EAST, 411.92 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM, ROAD AND UTILITY EASEMENTS OF RECORD.