Maintenance Agreement (Offsite Private Easements) 1992-0492446
City of Poway
13325 Civic Center Drive
Poway, CA. 92064
) DOC" 1992-0492446
~ 1874 06-AUG-1992 10=05 AM
l OFFICIAL RECOROS
) SAN DIEGO COUNTY RECOROER'S OFFICE
) ANNETTE EVANS, COUNTY RECORDER
) RF: 11. 00 FEES: 29.00
) AF: 17.00
) MF: 1.00
) This space for Recorder's use
RECORDING REQUESTED BY:
City of Poway
AND WHEN RECORDED MAIL TO:
.DOCUMENTARY TR~~~"..Z~
i
MAINTENANCE AGREEMENT
(OFFSITE PRIVATE EASEMENTS)
The purpose of this Agreement is to provide adequate roadways within the City
of poway and maintenance of same, This Agreement is executed by the parties
herein as a condition of approval by the City of Poway, to a development pro-
ject as defined in Section 21065 of the Public Resourses Code and will run with
the land in perpetuity as a covenant upon the property described herein, The
standard for improvement wll be that standard set forth by the parties herein,
The construction described herein shall be accomplished prior to final approval
of the project herein by the City of Poway,
WHEREFORE, the undersigned agree as follows:
1, PARTIES AND PROPERTY, The parties hereto are those property owners who
have executed this Agreement and their heirs, executors, administrators,
assigns, and successors in interest, upon all of whom this Agreement shall be
binding, The City of poway shall not be deemed a party hereto, but shall be
deemed a beneficiary, The realty held by each party is identified by tax par-
cel number adjacent to the signature of said party, The legal description of
the parcel upon which the project is located is set forth in Exhibit "A",
attached hereto and incorporated herein, The status of property for all pur-
poses (i,e" improved, etc.) shall be determined as of the first Monday in
March of each year,
2, ROAD, The roadway shall be that roadway established by the parties
herein as the roadway best suited to provide access for the residents, the City
emergency vehicles, and/or City projects (water, sewer, etc.), The location
of said roadway shall be within the sole discretion of the City of Poway as a
condition of approval of the development project, The description of the road
which is the subject of this Agreement is attached hereto as Exhibit "B" and
made a part hereof,
3, ROUTINE MAINTENANCE, The cost OfJllllllllllll, capi-
tal improvements and or routine maintenance resulting from ordinary wear and
tear shall be borne by the parties in accordance with the following formula:
A, A private road not providing access to public roads in both direc-
tions is analogous to any road terminating in a cul-de-sac, Under
such conditions, property owners nearest the sole public access
06-89
2 F-ROADl - 6
1875
road will not have occasion to use the full course of said private
road. Given such circumstances, fairness dictates that only those
property owners commonly traversing a portion of the private road
shall be made to bear the cost of maintaining that portion of the
road, Therefore, construction, improvement, and maintenance costs
of portions of the road used only by certain persons, because
situated further from the road entrance and beyond the property
perimeters or boundaries of other parties, shall be borne only by
those parties,
B,
maintenance of the road by all par-
common shall be allocated in accordance
system:
with
(1) Each party automatically is allocated ten points by virtue of
ownership of any size of undeveloped land to which access is
provided by the road, For each acre of land (rounded to the
nearest acre) one point shall be allocated,
(2) For each acre (rounded to the nearest acre) of land developed
for grove use, an additional point shall be allocated,
(3) For a residential structure or recreational structure which is
used not more than 30% of the time, ten additional points
(Housing for agricultural workers shall not be deemed a
"residential structure," A manager's or foreman's residence
shall be deemed a "residential structure,"),
(4) For a residential structure which is used more than 30% of the
time, 40 additional points shall be allocated,
(5) For any vehicle one ton or over, registered to the owner of
any parcel and used by same over any portion of said road for
any period of time, five points,
C, Example of the formula: Assume that the road from starting point
to owner "A's" farthest boundary of land from said starting point
is 65% of its length; from there to "B" and "e' s" farthest boundary
is 35% of its length; from that poi nt, the end of the road, "0' s"
property begins, "A" has 20-acres of unimproved land, "B" has
40-acres of unimproved land, "C" has a 20-acre grove with a full-
time residence, "0" has 20-acres of unimproved land, Cost of
construction (or repair) of the entire road for the year in
question is $10,000; repair of the gate is $2,000,
B
40 ac
I
I
I
ROAD
o
10 ac
C
20 ac
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1876
Solution to Example (see graph):
Cost of the gate and 65% of the road is shared by all, Thirty-five
percent of the road is shared only by "B," "e," and "0," Ratio of
sharing is determined by the following point of allocation:
Owner All Acres Grove Res Totals
A 10 20 30
B 10 40 50
e 10 20 20 40 90
D 10 10 29
Total Points 190
As to $8,500 of the cost (65% of road and gate):
"All pays 30/190ths or $ 1,342,10
"B" pays 50/190ths or $ 2,236,84
Ilell pays 90/190ths or $ 4,026,31
11011 pays 20/190ths or $ 894,75
As to $3,500 additional cost (35% of road):
liB II pays 50/160ths or $ 1,094,00
IICII pays 90/160ths or $ 1,969,20
11011 pays 20/160ths or $ 437,60
0, Example 2 of the formula: Assume the road is a through road, That
is, it may be traversed in both directions by any abutting property
owner, Assume the same status of the property for point purposed
as in Example 1,
B 40 ac 0 10 ac
ROAD
A 20 ac e 20 ac
Solution to Example (see graph):
Owner All Acres Grove Res Totals
-
A 10 20 30
B 10 40 50
e 10 20 20 40 90
0 10 10 29
Total Points 190
-3-
1877
As to the $12,000 cost:
"A" pays 30/190ths
"B" pays 50/190ths
"C" pays 90/190ths
"0" pays 20/190ths
or
or
or
or
$ 1,894,73
$ 3,158,00
$ 5,684,40
$ 1,263,20
4, EXTRAORDINARY DAMAGE, It shall be the obligation of each party hereto
to make and pay for all repairs to road, and to all related structures (drains,
gutters, gates, fences, etc,) when the same have been 'damaged by the extraor-
dinary use of such party or his agents or employees, Examples of extrordinary
use are damage caused by tractor type vehicles and damage caused by heavy
equipment (one ton or over) such as might be used during construction of a
residence, Ordinary use of said road will be for passenger vehicles and light
truck (3/4 tone or less) traffic, Ordinary wear and tear or ordinary use shall
be that gradual, and over a period, wearing caused by such ordinary use,
Extraordinary use is causing immediate damage with any vehicle or any damage
caused by a vehicle not defined within ordinary use traffic,
5, INITIATION AND MANAGEMENT OF REPAIRS,
A, Any system for achievement of repairs and payment of costs which,
in the year in question, is agreeable to the majority of parties,
shall be the system utilized,
B, "Majority" is any group of landowners holding 51% or more of the
"points" as caluclated in paragraph 3, They may initiate and
manage a program of road maintenance, or maintenance and repair of
related facilities; such as 9utters, gates, etc, The time and
effort expended by parties hereto in such management shall not be
compensated, All other costs incurred shall be shared in accor-
dance with the above formula,
C, Achievement of the minimum 51% consensus respecting maintenance
shall be evidenced by a written statement, signed by parties pur-
posing to constitute such representation, A copy of the written
statement shall be sent to the address of each party, as shown on
the latest tax assessor's roll, at least two weeks prior to the
commencement of any work or the incurring of any maintenance costs,
6, ADMINISTRATION OF COSTS, The property owner or owners initiating
repairs or capital improvements shall be in charge of making the payments
required for the work of improvement, It shall be incumbent upon all property
owners to contribute to the general fund to be used for maintenance or capital
improvement in accordance with the point computations referenced above, After
the actual expenditure of funds by any owner or group of owners such parties
shall be entitled to assess all other parties to this Agreement in accordance
with the formula set forth above, Said assessment notice shall clearly specify
the expenditures, the purpose for same, and the method of calculation, Upon
receipt of any such notice of assessment, the assessed property owner shall
have ten days in which to dispute the assessment, Failure to rsolve the
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1878
dispute shall be remedied by arbitration as set forth hereunder, Omission by
any assessed property owner to give notice in writing within the ten days of
his dispute of the assessment shall conclusively be deemed his consent to
same, When any assessment shall have become final, it shall be due within 20
days of that date, It shall be an obligation collectible by law through all
legal process,
7, ARBITRATION, Any dispute among any of the parties to this Agreement
respecting the interpretation of the Agreement or the application of any of its
terms or the action taken by any party in accordance therewith, shall be
settled by arbitration pursuant to the Civil Code,
8, COVENANT RUNNING WITH LAND, This Agreement shall be deemed and is
intended to run with the land and be a restriction upon such property, shall be
binding upon and inure to the benefit of the undersigned, his/her/their heirs,
personal representatives, successors and assigns, forever or until such time as
the said private road shall be dedicated to and accepted for use as a public
street or thoroughfare by municipal government lawfully exercising jurisdiction
over said private road,
9, RECORDING OF AGREEMENT, It is the purpose of the signators hereto that
this instrument be recorded to the end and intent that the obligation hereby
created shall be a restriction upon and shall be secured by the said property
and any subsequent transferee thereof, by acceptance of delivery of a deed
and/or conveyance of the said property shall be deemed to have consented to and
become entitled to enforce the terms of this Agreement to enforce the restric-
tion therein created, such remedy to be cumulative and in addition to all
other remedies at law or in equity,
10, SUBSEQUENT USERS, In the event that a party (parcel) not originally
contemplated by this Agreement gains access to said private road, that party
(parcel) shall be required to subscribe to this Agreement, Should any parcel
contemplated by this Agreement be split into multiple parcels (two or more)
each newly created parcel shall thereupon be obliged under this Agreement and
incur its portion of maintenance costs as set forth by the point system herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates set forth hereinafter:
OWNERS t=. :J;tt-J
Type or Print
2.7'?7.'i02)DO
';:::Y7/~K/
* * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Tax Assessors Number
Date
" '
t~J'.
Lt!.5Llt f' KONICKI
Type or Print
(Notary Acknowledgment attached) (Each owner shown on Grant Deed must sign)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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Any certificate of acknowledgement taken within this state shall be in substantially the following form:
STATE OF CALIFORNIA
COUNTY OF San Diego, 18 7 9
On 12th November, 1991 before me, a notary public in and for said state, personally appeared
***LEslie P Konicki***
***E Jean Konicki***
personally known to me or (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(sl is/are subscribed to the within instrument and
ackno\lledged to me that he or she executed the same in the capacity(ies) indicated
at the signature point.
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Signature
Capacity
OH-IClAL SEAL
KARYL L KADING
NOTARV PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIf;GO COUN rv
My CommISSIOn bp. AtJnl 6. 1992
(Seal)
Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws
of the place where the acknowledgment is made.
3403 (R1219O)3
1880
Approved as to form:
Date <;::-f'r9t.--
-6-
,
1881
EmmIT "A"
PROPERTY LEGAL DESCRIPTION
COMMON ADDRESS: 15325 SKYRIDGE ROAD
ASSESSORS PARCEL NUMBER: 278-240-25
1882
EXHmIT "B"
ROAD DESCRIPTION
15325 SKYRIDGE ROAD ALONG THE NORTHERLY PORTION OF ASSESSORS
PARCEL NUMBER 278-240-25