Road Construction and Maintenance Agreement (Offsite Private Easements) 1991-0561379
f',O
6
~";
'."1'";-"
"".,',.;< .m.
"...
.
.'
RECORDING REQUESTED BY:
. .
~CCORDm ,t.,T THE REQUEST Of,
r.HICAGO' TiTLE CO. '
AND WHEN RECORDED MAIL TO:
RICHARD JOHN LAREAU AND ASSOCIATES
2845 NIMITZ BLVD.
SAN DIEGO, CALIFORNIA 92106
~ 659
)
)
)
)
)
)
)
)
)
~.
\
This space for Recorder's use
ROAD CONSTltUCTlON AND 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 1s 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 finpl approval
of the project herein by the C1ty of poway.
WHEREFORE, the undersigned agree as follows:
1. PARTIES AND PROPERTY. The parties hereto are those property owners who
have e~ecuted 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 s1gnature of said party. The legal description of
the parcel upon which the project is located 1s set forth in Exhibit "A",
attached hereto and incorporated herein. The status Of property for all pur-
poses (1.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 su1ted to provide access for the residents, the C1ty
emergency vehiCles. andlor 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 1s the subject of this Agreement is attached bereto as Exhibit "B" and
made a part hereof.
3. CONSTRUCTION AND ROUTINE MAINTENANCE. The cost of construction, capi-
tal improvements and/or routine maintenance resulting from ordinary wear and
tear shall be borne by the part1es 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 terminat1ng in a cul-de-sac. Under
SUCh conditions, property owners nearest the sole public access
06-89
Z f-ROADI - 6
660
road will not have oc~asion to use the full course of said private
road. ~iven such circumstances, fairness dictates that only those
property owners commonly traversing a port10n of the private road
shall be made to bear the cost of maintaining that portion of the
road. Therefore. construction. improvement, and malntenance costs
of portions of the road used only by certa1n persons, because
situated further from the road entrance and beyond the property
perimeters or boundaries Of other part1es, shall be borne only by
those part1es.
B. Construction improvement andlor maintenance of the road by all par-
tles who use the road in common shall be allocated 1n accordance
with the fOllowing pOint system:
(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 add1tlonal point shall be allocated.
(3) For a residential structure or recrntional structure which is
used not more than 30% of the time, ten additional p01nts
(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 ls used more than 30% of the
time, 40 additional points shall be allocated.
(5) For any vehlcle one ton or over, registered to the owner of
any parcel and used by same over any portion of sald road for
any period of time, five pOints,
C. Example of the formula: Assume that the road frpm starting point
to owner 'A's. farthest boundary of land from said starting pOint
is 65% of 1ts length; from there to "S" and .C's' farthest boundary
is 35% of its length; from that point, the end of the road, "D's.
property begins. 'A" has 20-aeres Of un1mproved land. "8" has
40-acres of unimproved land. .C" has a 20-acre grove with a full-
t1me residence. '0" has 20-acres Of unimproved land. Cost of
construction (or repair) of the entire road for the year in
question 1s $10,000; repair Of the gate 15 $2,000,
B
40 ae
ROAD
D
10 ac
r
I
r
c
20 ac
-2-
661
Solution to Example (see graph)~
Cost of the gAte mhd 65% of the rOAd 15 shared by all. Thirty-five
percent of the road 1s shared only by "B.. .C." and "D." Rat10 of
sharIng 15 detennlned by the following p01nt of allocatIon;
Owner All Acres Gr~]. Res Totals
A 10 20 30
8 10 40 60
C 10 20 20 40 90
0 10 10 29
Total P01nts 190
As to $8.500 of the cost (65% Of road and gate):
"A" pays 30/190ths or $ 1,342.10
"8" pays 50/190ths or $ 2.236.84
"C" pays 90/190ths or $ 4,026.31
"0" PAYS 20/190ths or $ 894.75
As to $3,500 additional cost (35% of road):
"B" pays 50/160ths or $ 1,094.00
"C" pays 90/160ths or $ 1,969.20
"0" pays 20/160ths or $ 437.60
D. Exam~le 2 of the fennula: Assume the road 15 a through road. That
15. t may be traversed In both d1rectlons by any abutting property
owner. Assume the '~e status of the property for point purposed
as 1n Example 1.
-3-
662
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 ob11gat10n of each party hereto
to make and pay for all repairs to road, and to all related structures (dralns,
gutters, gates, fences, etc.) when the same have been damaged by the extraor-
dinary use of such party or hls agents or employees. Examples of extrordlnary
use are damage caused by tractor type vehlcles and damage caused by heavy
eQulpment (one ton or over) such as m1ght be used durlng constructlon of a
residence. Ordinary use of said road will be for passenger vehlcles and 11ght
truCk (3/4 tone or less) traffiC. Ordinary wear and tear or ordinary use shall
be that gradual, and over a perlod, wearlng caused by such ordlnary use.
Extraordinary use 1s caus1ng 1mmediate damage with any vehicle or any damage
caused by a vehicle not defined wlthin ord1nary use traffic.
5. INITIATION AND MANAGEMENT OF REPAIRS.
A. Any system for achievement of repairs and payment of costs wh1ch,
in the year in question, is agreeable to the majority of partles,
shall be the system utilized.
B. "MaJority" ls any group of landowners holding 51~ or 1Il0re of the
"pclnts' as caluclated ln paragraph 3. They may lnltlate and
marage a program of road maintenance, or malntenance and repalr of
related faCilities; such as gutters, gates, etc. The tlme 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 mlnlmum 51% consensus respectlng malntenance
shall be evidenced by a wrltten 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 lnlt1ating
repairs or capital Improvements shall be ln charge of maklng the payments
requlred for the work of lmprovement. It shall be lncumbent upon .11 property
owners to contribute to the general fund to be used for IIlIlntenance or capital
lmprovement In accordance with the pOint computatlons referenced above. After
the actual expendlture of funds by any owner or group of owners such partles
shall be entitled to assess all other parties to this Agreement ln accordance
with the formul. set forth above. Said assessment notice shall clearly specify
the expenditures, the purpose for same, and the method of calculat1on. Upon
receipt of any such not1ce Of assessment, the assessed property owner shall
have ten days 1n wh1ch to dispute the assessment. failure to rsolve the
-4-
663
dispute shall be remedied by arbitration as set forth hereunder. Omission by
any assessed property owner to give notice ln writing withln the ten c~ys of
his dispute of the assessment shall conclusively be deem~d h1s consent to
same. When any assessment shall have become final, it shall bl due withln 20
days of that date. It Shall be an obligation collectible by law through all,
legal process.
7. ARBITRATION. Any dispute among any 01 the parties to this Agreement
respecting the interpretation of.the Agreement or the application of any of lts
terms or the action taken by any party in accordance therewith, shall be
settled by arbitration pursuant to the Civl1 Code.
8. COVENANT RUNNING WITH LAND. This Agreement shall be deemed and ls
1ntended to run wlth the land and be a restriction upon such property, shall be
binding upon and lnure 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 sald prlvate 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 dellvery of~ deed
andlor 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 crlated, SUCh remedy to be cumulative and In additIon to all
other remedles at law or 1n equ1ty.
10. SUBSEQUENT USERS. In the event that a party (parcel) not originally
contemplated by this Agreement gains access to sald private road, that party
(parcel) shall be requlred to subscribe to thls Agreement. Should any parcel
contemplated by thIS Agreement be split lnto multiple parcels (two or more)
each newly created pareel shall thereupon be obllged under this Agreement and
incur its portion Gf maintenance costs as set forth by the polnt system hereIn.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates set forth hereinafter:
* * * * * * . . * * * * * . * * . . * * * * . * * * * * * * * . * * * * * * * *
Tax Assessors Number 275-700-08
Date OCTOBER 17, 1991
OWNERS: CALIFORNIA ARCHITECTS, INC., A
CALIFORNIA CORPORATION. DBA RICHARD ~
,JOHN LAREAU AND ASSOC IA TES, f)
BY: RICHARD JOHN LAREAU, PRESIDENT ~J}. f)~ , ,&
Type or Print 9 ature
(Notary ACknowledgment attached) (Each owner shown on Grant Deed must. sign)
* * * * * * * * . * * * * * * * * . * . * * * * * * * * * * * * * * * * * * * *
-5-
664
..
. * * * . * * * . * * * . . * . * . * . *
.. ..
,
OWNERS
Date
ype or PrInt
(Notary
wledgment attached) (Each owner shown on Grant Deed
sIgn)
* . * * * * * * * * * . * * * * * * * * * * * * * * * * * . *
ACCEPTED:
CITY Of POWAY
By
Date
Approved as to fonn:
Date /, -7/1-- <; ,
, ,
Coun of
On
personally appeared
, notary public,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the perso~whose name~
is/,ar€subscribed to the within instruR18 nd acknowled ad to m that hel.a+ftt/1Ae'9 executed the same in hisj.Ael'1
~authorized capacity(iet),
and that by hisJ.IIteT/tAeir signature~on the instrument the perso~, or the entity upon behalf of which the per-
son~acted, executed the instrument.
d and official seal.
1
@ DFFICIA~ SIAL
POLLY A, CARROLL
Notary~.'t'lIIl .
· SAN DIEGO COUNTY
My Ccmm. _ ....23.1
I)
Signatur
-6-
.ullll "A"
665
LOTS 1, 2 AND J OF CITY OF POWAY TRACT NO. 88-12, IN THE CITY OF
POWAY, COUNTY OF SAN SAN DrEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. IZSS5 . FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY. OGree.t1t.. 3D, 1991.
666
.DIBIT "B"
ALL THAT PORTION OF LOTS 48 AND 49 OF GREEN VALLEY ESTATES WIT NO.
4, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE'OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 3806, FILED IN THE OPPICB OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, PEBRUARY 13, 1ll58, TOGETHER
WITH ALL THAT PORTION OP THE WEST HALF OF SECTION 30, TOWNSHIP 13
SOUTH, RANGE l'WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OP CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER COMMON TO LOTS 48 AND 49 OP
SAID MAP NO. 3806; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 4l1,
NORTH 78047'11" EAST (NORTH 78015'40" EAST), 30.00 FEET TO THE nOI
POIMT OW BIGIKMIMG, BEING A POINT ON THE ARC OF A CURVE, CONCAVE
EASTERLY, HAVING A RADIUS OF 480.00 FEET, A RADIAL LINE FROM SAID
POINT BEARS NORTH 78047'11" EAST; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 08049'40", A DISTANCE OF
73.96 PEET; THENCE TANGENT TO SA,ID CURVE, SOUTH 20002'2'. EAST,
117.52 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY,
HAVING A RADIUS OF 390.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 29005'10", A DIS1~iCE OF
197.98 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 09002'41" WEST,
263.21 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE BAS'fERLY,
HAVING A RADIUS OF 370.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 32026'55", A DISTANCE OF
209.54 PIET; THENCE TANGENT TO SAID CURVE, SOUTH 23024'14" BAST,
165.69 PIET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY,
HAVING A RADIUS OF 430.00 FEET; THENCE SOUTHERLY ALONG THE ARC OP
SAID CURVE, THROUGH A CENTRAL ANGLE OF 19007'12", A DISTANCE OF
143.49 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH "5042'58"
WEST, 60.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CtJRVI,
CONCAVE WESTERLY, HAVING A RADIUS OF 370.00 PEET, A RADIAL LINE
FROM SAID POINT BEARS SOUTH 85042' 58" WEST; THENCE NORTHERLY ALONa
THE ARC OF SAID CURVE; THROUGH A CENTRAL ANGLE OF 19.07' 12", A
DISTANCE OF 123.47 FEET; THENCE TANaENT 'TO SAID CURVE, NORTH
23024'14" WEST, 165.69 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE EASTERLY, HAVING A RADIUS OF 430.00 PEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGL!
OF 32026'55", A DISTANCE OF 243.52 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 01l002'41" EAST, 263.21 FEET PEET TO THE BEGIMNING OF
A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADJ:US OF 330.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUaK A CENTRAL
ANGLE 01" 29005'10", A DISTANCE OF 167.52 FEET; THENCE TANGENT TO
SAID CURVE, NORTH 20002'29" WEST, 117.52 FEET TO THE BEGIMNINa 01"
A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADJ:US OF 540.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A. CBNTRAL
ANGLE OF 08049'40", A DISTANCE OF 83.20 PEET TO A POINT ON THE
SOUTHERLY LINE OF LOT 48 OF SAID MAP NO. 3806; THENCE TANGENT TO
SAID CURVE, NORTH 11012'49" WEST (NORTH 11008'20" WEST), 143.10
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOlJTHWBSTDLY,
HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG '1'HE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90000'00", A DISTANCE OF
39.27 PEET TO A POINT OF TANGENCY IN THE SOUTHERLY SIDELINE OF
667
SAGEWOOD DRIVE; THENCE ALONG SAID SOUTHERLY LINE, NORTH 78..7'11-
EAST (NORTH 78051'.0" EAST), 110.00 FEET TO THE BEGINNING OF A
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS SOUTH 11012'49" EAST (SOUTH
11.08'20" EAST); THENCE- SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 90.00'00", A DISTANCE OF 39.27 FEET;
THENCE SOUTH 11"12'49" EAST, 143.10 FEET TO THE RUB :.GXft 0.,
.BCUDIIlG .
THIS LEGAL DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION.
~~u......... __~, ~qtr11. /()-17-9/
WRENCE H. OORE, L.S. 5486
EXPIRES: 09/30/92