First Amendment to Private Road Maintenance Agreement for Murel Trails 2017-0256709RECORDING REQUESTED BY
CHICAGO TITLE COMPANY
WHEN RECORDED MAIL TO•
EGN HOLDINGS, LLC
16101 BLUE CRYSTAL TRAIL
POWAY CA 92064
DOC# 2017-0256709
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIII
Jun O8 2017 10:04 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $33.00
PAGES.7
(Space Above for Recorder's Use)
FIRST AMENDMENT TO
PRIVATE ROAD MAINTENANCE AGREEMENT
FOR MUREL TRAILS, THE
RESERVOIR ROAD AND SHARED DRIVEWAYS IN
SHANTARA ESTATES (MAP NO. 14940)
This First Amendment ("First Amendment") to that certain Private Road Maintenance
Agreement for Murel Trails, the Reservoir Road and Shared Driveways in Shantara Estates (Map
No 14940), recorded November 6, 2006 as Doc. No. 2006-0789291 ('Agreement"), is effective
the date approved by the City of Poway ("City').
WHEREAS, it is the mutual desire of the parties hereto, described in Attachment "A" the
owners of Lots 1, 2, 4 5, 6, 7 and 8 of Map No 14940, that they and all future owners of said
Lots ("Future Owners') that Murel Trails, North MUrel, the Reservoir Road and the shared
driveways be maintained in a safe and usable condition, and
WHEREAS, this First Amendment adds the maintenance and repair responsibilities for the
portion of Murel Trails between the northerly boundary of Map No. 14940 filed in the Office of
the County Recorder of San Diego County on December 29, 2004 and the intersection of Murel
Trails with Blue Crystal Trails ("North Murel"), as more particularly described in Attachment "B'
hereto, and
WHEREAS, because the subdivision into Lots 1, 2, 4, 5, 6, 7 and 8 of Map No 14940 does not
create any common interest property for which a homeowners association would be required
to be formed, the parties find there is no need to make reference to a Home Owners
Association in the Agreement.
NOW THEREFORE, it is hereby agreed by the parties hereto as follows:
1
(053017)
1. Amendment of Segment 1 of 'Muret Trails' Section 3, 'Repair and
Maintenance of Said Roadway is hereby amended by deleting Segment 1 of "Muret Trails,
located on page 3,and replacing it with the following:
Segment 1. Murel Trails from (i) the beginning of the Subdivision
to the south side of the entrance of the driveway for Lot 7, and (ii)
the northerly boundary of Map No 14940 to the intersection of
Murel Trails with Blue Crystal Trails.
Length. Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8
Full Length 1/7 1/7 1/7 1/7 1/7 1/7 1/7
2. No Home Owners Association. All references to 'Home Owners Association" or
'Homeowners Association in the Agreement are hereby deleted and the Agreement is
modified as set forth below -
A. The first three paragraphs of Section 6(a), 'Repair and Maintenance of Said
Roadway, of the Agreement are hereby removed and replaced by the following:
(a) Any party to this Agreement may initiate repairs and/or
maintenance to Murel Trails, the Reservoir Road and any shared
driveway by contacting the other Owners and requesting their
concurrence in repairing the road(s). If at least fifty-one (51)
percent of the Owners agree that the road(s) needs repair the
individual initiating the request to have the road(s) repaired, or an
individual selected by a majority of the Owners, shall obtain at
least three bids to have the roads)/driveway(s) repaired
Each of the bids solicited shall have the cost for repairing or
maintaining each section of the road (s)/driveway broken down in
a manner consistent with Section 3, so that the proportionate
cost to each of the Owners can be calculated.
After receiving the bids, the individual who requested the bids
shall contact each of the Owners who would be asked to
participate in the cost of the repairs and notify them of the scope
of the repairs, the full cost of the repairs and the Owners
proportionate share of the costs. The individual who requested
the bids shall also analyze the bids that were submitted and make
a recommendation regarding which company that submitted a
bid, should be awarded the contract to perform the repairs.
B. The second paragraph of Section 9, 'Liability of the Agreement is hereby removed
and replaced by the following:
2
(053017)
Owners shall jointly and severally defend and indemnify and hold
harmless the City of Poway and the City's engineers, and their
consultants and each of their officials directors, officers agents,
and employees from any liability claims damages, losses,
expenses personal to the agent hereunder, or to any Owner any
contractor any subcontractor any user of the road(s), or to any
third person arising out of or in any way related to the use of,
repair or maintenance of, or failure to repair or maintain the
private road(s)/driveway(s).
3 Full Force and Effect. Except as expressly amended or modified by this First
Amendment, the Original Agreement shall remain in full force and effect. In the event of any
inconsistency between the terms and provisions of the Original Agreement as modified by the
First Amendment, the terms and provisions of this First Amendment shall govern.
IN WITNESS WHEREOF, the parties listed in Attachment A have executed this First
Amendment on the dates set forth in Attachment A
ACCEPTED -
CITY OF POWAY
By- / Date, 61-1111-7
5 moven R. Crosby, City Engineer
(Signature must be notarized. Notary form attached.)
App oved as to form
—Date* 5 1Url� �7
Morg Fo ey City At rney
3
(053017)
ACKNOWLEDGMENT
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 June 6, 2017 before me, Nicole Murphy, Notary Public
(insert name and title of the officer)
personally appeared Steven R. Crosby
who proved to me on the basis of satisfactory evidence to be the person(,%) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/tpey executed the same in
his/her/jheir authorized capacity(jes), and that by hislher/tWr signature on the instrument the
person, or the entity upon behalf of which the personal 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.
NICOLE MURPHY
WITNESS my hand and official seal. Notary Public California
San Diego County
= Commission • 2192036
M Comm. Expires Ma 17.2021
r A -).... ,
Signatu
(Seal)
ATTACHMENT "A"
For Lots 1, 2, 4, 5, 6, 7 and 8 of Map No. 14940 filed in the Office of the County Recorder of San
Diego County on December 29, 2004
By, EGN Holdings, LLC
c/o Mr & Mrs. Elwood G. Norris, Trustees
16101 Blue Crystal Trail
Poway CA 92064
Ftp Cr6(Z� lS std
wood G. Norris, Trustee
tep anie A. Norris, Trustee
Dated this day of 2017
(Signature must be notarized Notary form attached.)
(053017)
ACKNOWLEDGMENT
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 June 6, 2017
before me, Nicole Murphy, Notary Public
name and title of the officer)
personally appeared Elwood G. Norris and Stephanie A. Norris, Trustees
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 ja2/sh6tthey executed the same in
h)WTWr/their authorized capacity(ies), and that byPWWr/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
(Seal)
NotaNICOLE MURPHY
ry Pu0110 CatitarnA
San Diego County
Z
= Commission M 2192436
My Comm. Es ires May 17, 2021
ATTACHMENT "B"
The following legal description of 'North Murel" — that portion of Murel Trails between the
northerly boundary of Map No. 14940 and the intersection Murel Trails with Blue Crystal Trails:
LEGAL DESCRIPTION
NORTH MUREL TRAILS EASEMENT
A PRIVATE ROAD EASEMENT OVER, UNDER, ALONG AND ACROSS A 60.00 FEET OF LAND LYING
WITHIN THE EAST HALF OF SECTION 8, TOWNSHIP 12, SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLATS THEREOF THE CENTER LINE OF SAID 60
FOOT STRIP BEING DESCRIBED AS FOLLOWS.
THE WEST LINE OF THAT CERTAIN PROPERTY GRANTED TO DENNIS. HAFER AND KATHRYN L.
HAFER, IN DOCUMENT NO 1993-0747113, RECORDED NOVEMBER 5, 1993 IN OFFICIAL
RECORDS OF THE COUNTY OF SAN DIEGO, STATED OF CALIFORNIA.
THE SIDE LINES OF SAID 60 FOOT WIDE STRIP TO BE EXTENDED OR SHORTENED TO TERMINATE
NORTHERLY ON THE SOUTHERLY LINE, AND THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF THE NORTHERLY 60 FEET OF SAID HAFER LAND, AND SOUTHERLY AT THE
NORTHERLY LINES OF LOT 1 AND LOT 7 OF CITY OF POWAY TRACT 01-03, ACCORDING TO MAP
NO 14940 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER
29TH 2004
5
(053017)