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Private Streets Maintenance Agreement 2019-0592138RECORDIN? REQUESTED BY: CITY QF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY QF P O WAY P 0 BOX 789 POWAY, CA 92074 NO TRANSFER TAX DUE DOC# 2019-0592138 111111111111111111111111i1IMMIIMIIHIMI Dec 18, 2019 01:09 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $35.00 (SB2 Atkins: $0.00) PAGES: 8 (THIS SPACE FOR RECORDER'S USE) APN: 321-180-99 PRIVATE STREETS MAINTENANCE AGREEMENT THIS PRIVATE STREETS MAINTE NCE AGREEMENT ("Agreement") dated for reference ur oses as of the �� dayofVCtrVibC(,e 2019 is entered into between Sean and p p �Kirsty Mitchell, hereinafter referred to as "OWNER", and the CITY OF POWAY, a municipal corporation, hereinafter referred to as "CITY". WHEREAS, this Agreement is required as a condition of approval by the CITY of a building permit pursuant to Section 17.52.040 of the Municipal Code and Ordinance 303 and 304 relative to construction to a single-family residence built at 14044 Iris Lane; and WHEREAS, Owners wish to provide for the maintenance and repair of those certain PRIVATE STREETS described on Exhibit A and shown on Exhibit B attached hereto and made a part hereof, hereinafter referred to as the "PRIVATE STREETS"; and WHEREAS, Owner is the owner of certain real property being developed as a single-family residence at 14044 Iris Lane that will use and enjoy the benefit of such PRIVATE STREETS. A complete legal description of said real property is more fully described as follows: Parcel 3 of Parcel Map No. 20947, in the City of Poway, County of San Diego, State of California, Filed in the Office of the County Recorder of San Diego County, January 24, 2012. Said real property is hereinafter referred to as the "Property"; and WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREETS 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: 1. The property benefited by this Agreement is the Property. The present and successive owners of all or any portion of the Property are expressly bound hereby for the benefit of the Property. 2. The cost of maintaining the PRIVATE STREETS shall be borne by the OWNERS or his or her heirs, assigns, and successors in interest. Notwithstanding, the foregoing, OWNERS 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. k. 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 STREETS 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, filling of chuckholes, repairing cracks, 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 STREETS for normal access, ingress and egress purposes. 4. The obligation of the OWNER as outlined herein shall commence with the issuance of a building permit by the CITY for construction to a single-family residence at 14044 Iris Lane. 5. In the event the OWNER retain a contractor to perform any maintenance and obligation with respect to the PRIVATE STREETS, the OWNERS 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. OWNERS 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 STREETS, or to any other third parties arising out of or in any way related to the use, repair or maintenance of the PRIVATE STREETS. 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 STREETS 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 therefor. 7. If in the CITY's sole judgment the PRIVATE STREETS are not being maintained to standards set forth in paragraph 3 of this Agreement, the CITY may thereupon provide written notice to the OWNERS 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 agree that the CITY may make all needed repairs to the PRIVATE STREETS to meet the standards set forth in paragraph 3 and to then assess the costs thereof to the OWNER. The OWNER shall reimburse the CITY for all reasonable costs incurred by the CITY in connection with such maintenance activities. If the OWNERS do not so reimburse the CITY within thirty (30) days after CITY's demand, then CITY may pursue all of its remedies at law or in equity. 8. 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 the 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. For OWNER: j �TFad...si>tnn: a se:x...r_ ,.- • -..�.m e.�.a. �.-.o'.�,n c.,•• Sean Mitchell Kirsty Mitchell For CITY OF POWA (signatures must be notarized) Rob:: rt J. Manis Director of Development Se Approved as to Form Office of the City Attorney (signatures must be notarized) Alan Fenstermacher City Attorney Attachments: 1. Exhibit A — Legal Description 2. Exhibit B — Plat Map Date: Date: 12- 5/ z o�� Date: � � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 %4eR..�Y �: � .� �� :mss t.a�s. C,�, .� ANWA. s.Q!,4,1\,5,�:4/.T ��, r :-i� �!�. �.� �!�,�:�. NC. 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 December 5, 2019 before me, Yvonne Mannion Notary Public Date personally appeared Sean Mitchell Here Insert Name and Title of the Officer Name(s) of Signer(s) 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. z YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above 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 k/VDtM_ Lido A 10:—) OPTIONAL Signature of Notary Public 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: Private Streets Maintenance Agreement Document Date: December 5, 2019 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General Cl Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Signer's Name: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .1..4(4,-,4� �. 'a�4 �:�. �, C!�.: - wR �.. A- . 4�` suite, - aN4/.T, sv4/TC/4i...+�n. 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 Thi b aii before me, Date Yvonne Mannion Notary Public Here Insert Name and Title of the Officer personally appeared k'rsti h e. f Name(s) of Signer(s) 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. YVONNE MANN1ON Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): D Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee D Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: t'A �' ...W.... _}.. 7 V.`�!V _Y 3" Y". :7 CY�ys.� y �yy. �. J� .` •:i' C3 CY Jty�� CY ty_�� ` ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _VN447434eR „�s<.�4 �.��.�d�C �. +AWRt ,, ktr!TCe"ik:tea<;.41K.4(3W4 aNt/sWik' P.AWR,w, ,ax 44743AeR,,w, ANC. CIVIL CODE § 1189 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 O.► �, .�., 1 ..ter• ' before me, Yvonne Mannion Notary Public Date personally appeared Robert J. Manis Here Insert Name and Title of the Officer Name(s) of Signer(s) 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. YVONNE MANNION' Notary Public - California San Diego County Commission #-22a1.766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature , , I -A) Signature of Notary Public 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: Private Streets Maintenance Agreement Document Date: December 5, 2019 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Signer's Name: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" THOSE PORTIONS OF PARCEL MAP NO. 20947, RECORDED JANUARY 24, 2012 AS DOCUMENT NO. 2012- 0039130 AND PARCEL MAP NO. 18189, RECORDED DECEMBER 31, 1998 AS DOCUMENT NO. 1998- 864141, BOTH RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT NO. 5 OF SUBDIVISION MAP NO. 4015, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 19, 1958, SAID CORNER BEING ALSO THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL MAP 20947; THENCE EASTERLY ON THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 5 AND ALONG THE SOUTHERLY LINE OF SAID PARCEL MAP 20947, NORTH 89°09'02" EAST, 239.86 FEET, TO THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL MAP 20947 SAID CORNER BEING ALSO AN ANGLE POINT IN THE WESTERLY AND NORTHWESTERLY LINE OF SAID PARCEL MAP 18189, SAID POINT BEING ALSO THE "TRUE POINT OF BEGINNING"; THENCE SOUTH 67°50'57" EAST, 10.83 FEET, TO AN ANGLE POINT IN THE EASTERLY AND SOUTHEASTERLY LINES OF THE WESTERLY AND NORTHWESTERLY 10.00 FEET OF PARCEL.4 OF SAID PARCEL MAP 18189, AS DESCRIBED IN AN EASEMENT TO BAHMAN, KATHRYN, VIRASB AND MAHSA VAHIDI FOR INGRESS, EGRESS, PRIVATE ROAD AND UTILITIES, RECORDED AUGUST 04, 2000 AS DOCUMENT NO. 2000-0414248; THENCE. NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE AND PARALLEL WITH THE COMMON LINE BETWEEN SAID PARCEL MAPS 20947 AND 18189, NORTH 44°42'01" EAST, 162.90 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF THE 40.00' WIDE PRIVATE ROAD AND UTILITY EASEMENT AS SHOWN ON SAID PARCEL MAP 18189; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 51°04'02" WEST (NORTH 51°16'55" WEST PER SAID PARCEL MAP 18189), 10.05 FEET, TO A POINT ON SAID COMMON LINE BETWEEN PARCEL MAPS 20947 AND 18189; THENCE ALONG SAID COMMON LINE NORTH 44°42'01" EAST, 40.20 FEET; THENCE LEAVING SAID COMMON LINE NORTH 51°04'02" WEST (NORTH 51°16'15" WEST PER SAID PARCEL MAP 20947), 10.05 FEET, TO A POINT ON A LINE PARALLEL WITH AND 10.00 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM SAID COMMON LINE; THENCE LONG SAID PARALLEL LINE, SOUTH 44°42'01" WEST, 3.99 FEET (3.95 FEET PER SAID PARCEL MAP 20947); THENCE AT RIGHT ANGLES, NORTH 45°17'59" WEST, 10.00 FEET; THENCE AT RIGHT ANGLES AND PARALLEL WITH THE ABOVE MENTIONED COMMON LINE BETWEEN PARCEL MAPS 20947 AND 18189, SOUTH 44°42'01" WEST, 85.22 FEET; THENCE AT RIGHT ANGLES SOUTH 45°17'59" EAST, 10.00 FEET, TO A POINT ON THE LAST MENTIONED PARALLEL LINE; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE, SOUTH 44°42'01" EAST 126.22 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID,PARC MAR 20947; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°09'02" EAST, 14.28 FEET, TO THE TRUE POINT OF BEGINNING". 1 11/30/19 pANIEL F. SPARKS, PLS 5514 DATE ERB & ASSOCIATES, LLC 6262 GREENWICH DRIVE, STE. 215 SAN DIEGO, CA 92122 ERB SCALE 1" = 40' �D Pr 4,Pv 4tv, tN.1 LEGEND: EXHIBIT "B" ROAD MAINTENANCE AGREEMENT .4.4),h4) PROPOSED ROAD MAINTENANCE AGREEMENT DD1— 10'EASEMENT FOR INGRESS, EGRESS, PRIVATE ROAD & UTILITY PURPOSES. REC'D 08/04/2000 AS DOC.2000- 0414246 DD2— 10'EASEMENT FOR INGRESS, EGRESS, PRIVATE ROAD & UTILITY PURPOSES. REC'D i0 08/04/2000 AS DOC.2000- 04 1 424s TPOB \J\'N89°o9 '02"E 239.86 (N89° 25' 10" E 240.00' DD1) 0 N.E. COR. LOT 5 MAP 4015 g c) O� ° b5e OA" .4 Ne1CPd.". i() • Ilk ot).% (19c, (.1' q* e PT/ 6) Ob?icb(v 117, °') Aq " ;1?" iffN 7'67 ilf9X1',0 <11' .69Ne9 et* Itt ' oi s tx &I' 4P DATA TABLE: MEASURED: BEARING DIST BEARING RECORD: 1 S67°50'57"E 2 N51°04'02"W 3 N44°42'01"E 4 N51°04'02"W 5 S44°42'01"W 6 N45°17'59"W 7 S45°17'59"E 8 N89°09'02"E 10.83'- 10.05' 40.20 ' -- 10.05 ' 0.83'-- 10.05'40.20'-- 10.05' -- 3.99'-- 10.00'-- 10.00'-- 14.28'-- DIST DANIEL F. SPARKS, PLS 5514 DATE: 11/30/19 N51°02'25"W 10.05' PER DD1 S44°42'01"W 3.95' PER PM 20947 N89°25'10"E 14.17' PER DD1 EXPIRES 9/30/20