Private Street Maintenance Agreement 2017-0196147RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
APN:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
1-110-31
DOC# 2017-0196147
May 02, 2017 02:16 PM
OFFICIAL RECORDS
Ernest J. Dronenburg,Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $33.00
PAGES.7
(THIS SPACE FOR RECORDER'S USE)
PRIVATE STREET MAINTENANCE AGREEMENT
(MDRA14-040)
THIS PRIVATE STREET MAINTENANCE AGREEMENT ("Agreement"), dated for reference
purposes as the /`t+ day of �A '• II 20j7, is entered into between Michael E. Firenze and Stephanie
H. Firenze, co -trustees of the Firenze Family Trust, dated July 13, 2015, hereinafter referred to as
"OWNER", and the CITY OF POWAY, a municipal corporation, hereinafter referred to as "CITY".
WHEREAS, this Agreement is required by CITY as a condition of approval of Minor
Development Review Application 14-040, pursuant to Poway Municipal Code Sections 12.20.050,
12.20.060, 12.20.110, 12.20.120, and 17.08.180(P), relative to construction of a private road; and
WHEREAS, OWNER wishes to provide for the maintenance and repair of those certain private
streets described in Exhibit A, attached hereto and made a part hereof, hereinafter referred to as
'PRIVATE STREET; and
WHEREAS, OWNER is the owner of certain real property being developed as a single-family
residence at 15970 Misty Meadow Road that will use and enjoy the benefit of such PRIVATE
STREET. A complete legal description of said real property is included in Exhibit B attached hereto
and made a part hereof. Said real property is hereinafter referred to as "Property'; and
WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREET be
maintained and repaired in a safe and usable condition; and
WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant
running with the Property, binding upon each successive owner of the Property.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
The property benefited by this Agreement is the Property. The present and successive
OWNER of all or any portion of the Property is expressly bound hereby for the benefit of the
Property.
2. The cost of maintaining the PRIVATE STREET shall be borne by OWNER, or his or her heirs,
assigns, and successors in interest. Notwithstanding the foregoing, OWNER may seek
contributions or recompense from and by all other owners, heirs, assigns and successors
in interest who may be obligated under similar Private Street Maintenance Agreements with
the City of Poway relevant to this section of private roadway.
3. The repairs and maintenance to be performed under this Agreement by or on behalf of the
OWNER shall be limited to the following: reasonable and normal road improvement
maintenance work to adequately maintain the PRIVATE STREET, and any related drainage
facilities, to permit normal access, ingress and egress to and from the Property. Repairs
and maintenance under this Agreement shall include, but are not limited to, repairing and
resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris,
maintaining signs, markers, striping and lighting, if any, and such other work as is reasonably
necessary or proper to repair and preserve the PRIVATE STREET for normal access, ingress
and egress purposes.
4. The obligation of OWNER as outlined herein shall commence with the issuance of a Building
Permit by CITY to construct a single-family residence at 15970 Misty Meadow Road.
5. In the event OWNER retains a contractor to perform any maintenance and obligation with
respect to the PRIVATE STREET, the OWNER shall require such contractor to maintain
liability insurance to cover any liability arising as a result of its activities with regard to such
maintenance activities.
6. OWNER shall defend and indemnify and hold harmless CITY, CITY's Engineer and their
consultants and each of their 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, incurred by or payable to any other use of the
PRIVATE STREET, or to any other third parties arising out of or in any way related to the use,
repair or maintenance of the PRIVATE STREET. Nothing in this Agreement, the
specifications, or other contract documents or CITY's approval of the plans and specifications
for or inspection of the work regarding the PRIVATE STREET is intended to include a review,
inspection, or acknowledgment of a responsibility for any such matter, and CITY, CITY's
Engineer, and their consultants, and each of their officials, directors, officers, employees and
agents, shall have absolutely no responsibility or liability therefore.
If, in the CITY'S sole judgment, the PRIVATE STREET is not being maintained to standards
set forth in Paragraph 3 of this Agreement, the CITY may thereupon provide written notice to
the OWNER to initiate repairs or construction within ninety (90) days. Upon failure
to demonstrate good faith to make repairs or construction within ninety (90) days of receipt
of such notice, the OWNER agrees that the CITY may make all needed repairs to the
PRIVATE STREET to meet the standards set forth in Paragraph 3 and to then assess the
costs thereof to the OWNER. OWNER shall reimburse CITY for all reasonable costs incurred
by the CITY in connection with such maintenance activities. If the OWNER does not so
reimburse the CITY within thirty (30) days after the CITY's demand, then CITY may pursue
all of its remedies at law or in equity.
If the CITY elects to make necessary repairs in accordance with Paragraph 7 above, said
work shall be without warranty. Said repair shall be accepted "as is" by the OWNER and
without any warranty of workmanship.
9. The foregoing covenants shall run with the land and shall be deemed to be for the benefit
of the land of each and every person who shall at any time own all or any portion of the
Property referred to herein.
10. It is understood and agreed that the covenants herein contained shall be binding on the heirs,
executors, administrators, successors and assigns of the OWNER.
11. It is the purpose of the signatory hereto that this instrument be recorded to the end and intent
that the obligations hereby created shall be and constitute a covenant running with the land,
and any subsequent purchaser of all or any portion of the Property, by acceptance of delivery
of a deed and/or conveyance, regardless of form, shall be deemed to have consented to and
become bound by this Agreement.
12. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter.
OWNER: Firenze Family Trust 07-13-15
i nrd t40-
Mich a . Firenze Co-4v,�-,4- e_
T
nie H.►Firo4e, C,-+} „s, 4L
CITY OF POWAY:
Date: ''I- IH -0
Date: Y - / 7 -/:?
(Signatures must be notarized.)
/,��A 4 pc ' 694 D
'w � U44 ZY ///Q'Date: lO
Rob rt J. Manis
Dir ctor of Development Servi
Approved as to Form
Office of the City Attorney
", 0, Date: 1I APP-tt- I7
Morgan L. le
City Attor ey
Attachments: 1) Notary Acknowledgement
EXHIBIT A
PRIVATE STREET
An easement and right of way for road and public utility purposes over, under, along
and across a strip of Land 60.00 feet in width lying within Lot 1 and the Southeast
Quarter of the Northeast Quarter of Section 4, Township 14 South, Range 1 West,
San Bernardino Meridian, in the County of San Diego, State of California, according
to the official Plat Thereof, the Southerly Line of said 60.00 foot strip described as
follows:
Commencing at the Southeast Corner of Said Lot 1; thence South 01 ° 11' 19" East
along the Easterly Line of Said Section 4, a Distance of 80.00 Feet to the Northeast
Corner of Land Described in Deed to Lillie W. Byers and Edith W. Bradshaw,
Recorded June 14, 1954, in Book 5269, Page 170 of Official Records; Thence North
880 23'30 West along the Northerly Line of Said Land 473.74 Feet to the True Point
of Beginning, Being a Point on the Center Line of the Poway or Mt. Woodson Road -
County Road D -9 -1 -as Said Road Existed and Was Located on April 10, 1945, Being
Also the Northeast Corner of Land Described in Deed to Lillie W. Byers and Edith W.
Bradshaw, Recorded June 14, 1954, in Book 5269, Page 172 of Official Records;
Thence Continuing North 88° 23' 30" West along the Northerly line of said Land to
an intersection with the Easterly line of Parcel 1.
The Northerly sideline of said 60.00 foot strip to terminate in the Easterly line of
Parcel 1 above and the center line of Said County Road D-9-1.
The West 1045 feet of that portion of Lots 1 and 2 and the Southeast Quarter of the Northeast
Quarter and the Southwest Quarter of the Northeast Quarter of Section 4, Township 14 South,
Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California,
according to the official Plat Thereof, described as follows:
Commencing at the Southeast Corner of Said Lot 1; thence South 01°11'19" East along the
Easterly Line of Said Section 4, a Distance of 80.00 Feet to the Northeast Corner of Land
Described in Deed to Lillie W. Byers and Edith W. Bradshaw, Recorded June 14, 1954, in Book
5269, Page 170 of Official Records; Thence North 88° 23'30" West along the Northerly line of
said Land 473.74 feet to the true point of beginning, being a point on the center line of the
Poway or Mt. Woodson road -county road D-9-1 as said road existed and was located on April
10, 1945, being also the North corner of Land described in deed to Lillie W. Byers and Edith W.
Bradshaw, recorded lune 14, 1954, in Book 5269, page 172 of official records; thence
continuing North 88023'30" West along the Northerly line of Said Land 2138.31 feet; thence
leaving said Northerly line, North 00°54'57" West, 450.14 feet; thence South 88°23'30" East,
1650.09 Feet; Thence South 01°03'11" East, 75.08 feet to a point herein designated as point
"A"; thence South 88° 23' 30" East, 589.46 Feet to the Center Line of the Aforementioned
County Road D-9-1, Being Also a Pint in the Westerly Line of Land Conveyed to Ralph C. Walker
by Deed Dated April 10, 1945 and Recorded in Book 1869, Page 135 of Official Records; Thence
along said Westerly line and along the Center line of Said county road, South 01°50'30" West,
208.29 feet to the beginning of a tangent 200.00 foot radius curve therein, Concave Westerly;
thence Southerly along said curve through a central angle of 44°24'00" a distance of 154.98
Feet; Thence tangent to said curve, South 46°14'30" West, 37.67 feet to the true point of
beginning.
Except therefrom the Westerly 485.00 feet.
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 April 14, 2017 before me, Nicole Murphy, Notary Public
(insert name and title of the officer)
personally appeared Michael E. Firenze and Stephanie H. Firenze
who proved to me on the basis of satisfactory evidence to be the person�iwhose name(s) j9/are
subscribed to the within instrument and acknowledged to me that/sYfe/they executed the same in
Wl1ce'r/their authorized capacity(<), and that by hie/W/their signaturgJ@;) on the instrument the
person(,so), or the entity upon behalf of which the person(K 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 //()b v" � (Seal)
NICOLE MURPHY
COMM # 2024000
Z _ SAN DIEGO COUNTY
QQQ NOTARY PUBLIC-CALIFORNIAZ
MY COMMISSION EXPIRES
MAY 17. 2017
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 'ulgAp )
On -A01 t81201q before me, i (0V M(A(Okq INIDPQblll I
Date 1 �1 Here In acid Title of the fficer
�be
personally appeared i4-;7: mwi-,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(,c)' whose namewis/pe
subscribed to the within instrument and acknowledge) to me that he/slWt executed the same in
his/her/their authorized capacitywl and that by his /tlbdir signatureo on the instrument the personor
or the entity upon behalf of which the personW acted, executed the instrument.
NICOLE MURPHY
Z COMM # 2024000
_ SAN DIEGO COUNTY
NOTARY PUBLIC -CALIFORNIA Z
MY COMMISSION EXPIRES -�
MAY 17, 2017
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 Yl;9
Signature of t
ry Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: P6
Document Date: _Apn N 1�A1 2C
Signer(s) Other Than Named Above,
Capacity(ies) Claimed by Signers)
Signer's Name: QnbPvi-S�L -_a
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
ber of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
yR: i6'✓S'✓ b5v:�i�^ ✓2�✓6'v -U - v1 5�✓S"✓ e�G'✓ -oT'e�,-ei -v¢-
0 1 •M1, ILI ll • • • •• :11 •�ri :11 ••1 •1