Subsequent User Agreement 1992-0536874
952
DC .. 1992-0536874
25-AUG-1992 09=57 AM
OFFICIAL RECORDS
SAH DIEGO CDUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
RF: 21.00 FEES: 59.00
AF: 37.00
Mr: 1.00
, .
CITY OF POWAY
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(This space for Recorder's Use)
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA.920?4
No transfer tax due
APN 323-280-18
SUBSEQUENT USER AGREEMENT
ADDENDUM TO ROAD MAINTENANCE AGREEMENT
RECORDED MARCH 3, 1988 AS DOCUMENT NO. 88-097973
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
REVISING POINT/LOT ALLOCATION.
Dated May 18, 1992 by
Frans T. Verheijen
,
UL-PURPOSI ACKNOWLIDGMENT
lLJ/u' (
State of (/'. ,~/:;:t;rj?-IV/ I?- }
CountYOL:S"/;ln '>,i~.bO -
On r.. ~B<} '"J__ before me, /4 r;;;~/p f;r'/~ /'-..k,j4r{-',/
DATE ^j ~E, TITLE OF OFFICER. EG.. "JANE DOE. NOTARY PUBLIC. ,
personally appeared ~v:fr7 <: ;-; () f'/J~. r/ ~ / 'ufO-;--/ ,
NAME/51 OF SIGNER(S) V
~rSOnallY known to me . OR - 0 proved to me on the basis of satisfactory eyi~nc7
to be the person(?l whose name\ll~e
subscribed to=he withi . ~t ~}lnt and ac-
knowledged to Itr-ey executed
the sam~' . rlt ir~th9rize.st
capacity(i ), and that bY.b!:!Wh;r/th,l!'i.r
signature( on the instrument the person(,s),
orthe entity upon behalf of which the person(s)
acted, executed the instrument.
W:0lnZ7;=-
SIGNATURE Of NOTARY
t ~ ~ ~ ~ ~ ~ ~;E;SO~N ~ . ~f
_ ~ COMM. _147 ;;
~ . -.' . Notary Pubfic..CaIfornia ~
~ SAN DIEGO COUNTY
L ~ _ _ ;~~.8;~:Ee_lo~t~ J
954
NO 209
CAPACITY CLAIMED BY SIGNER
~DIVIDUAL(S)
o CORPORATE
OFFICER(S)
TlTLE(SI
o PARTNER(SI
o ATIORNEY.IN.FACT
o TRUSTEE(S)
o SueSCRIBING WITNESS
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(5) OR ENTITY(lES)
ATTENnON NOTARY: Although the information requested below is OPTIONAL. it could prevent fraudulent attachment of this certificate to unauthorized document.
,.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
nle or Type of Document 9
Number of Pages / g
Signer(s) Other Than Named Above
Di\?ru0 s ~)_
,LL '//t7"A
C ,., HAT1ONAI..Ht:1fAlff AISOCIA11ON..........Iwe.. '.0." 7'''' oCanogl PIIk. CA 11304-7114
953
SUBSFQUENT lJSER AI3PEFMEr'17
'I.h~ undersioned herebY aQrees
:"jlJ~ ~ :?-=. 3.!I;j ob"! i y.::i.'!: I ()n':;;:. c.f the
('::::ccutl::',j Fetlr'lJ,~.r":,"~' 19::::::::' .3.nC!
to the terms, CGnd!tions~
Road t1aintenance Agreement,
recorded March ~.
7" ,="::' .
_3tt_3.checi .3,"=:- E::-::h i bi t
"
.3.:;i'":"1 m';:",,(jE'
::i D.?:' t ner-ec)f ~I
t h : _
:'e~E'r'.?ncE:' .
(he under--::.lgned fur.ther es.tat,ll i -=:.ne'=. th.3.t the t.:,t.~.l i:'OI!lt
assessment ~or' Pa~cel No. 323-2AO-18~ owned b" the
IJ n 'j e r. '::. i ,~n e d ~ \.= q. ,~'..: D c:~ i n t. "=., con "::;. t ) t u +: ; :: Co: '~'. :=:;..~ Co f +: h e tot .3. 1
pnint lot assessment.
I"he Propert~. Legai Gp~~~lption of the underslgned - paree:
_ a. t t,:~l.':hed hero>? ti':i a.s E::::h i tl! t ;; f:!i
The
t I! E'
:'r?'}l::eC! '.,'E':"::.lc,n elf the POint
Lot Ch,::c.:.t
..... n'll
L,i t c,f
,:::..= E::.:: II [to t
Road ~Ia:nrenance Aoreement 15 attachp~ hereto
"C 1I
The re~:ised ~oad Maintenance Mao
lJnderslonerl S Darcel t~ attacned
'::.hOl.-'.J: n':4 tile .:;l,jC11 tIC'!
,-,f
-:::ne
tler'e to .:;t.';.:. ..... :':::! i t: It
, -
f4qreement on the date set forth hereinaft2~:
1N WITNESS THEREOF. the uncerslQne~ herebY e\ecute~ thi_
------------------------------------------------------------
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(~t ta.ched:!
------------------------------------------------------------
955
llXHIBIT "A"
2}a'7
88 097973
CONTINENTAL LAND TITLE CO.
r: t\f,.cpn~~ II ,\11 ~~~-I
! (1~""';{~ t:'A~~~J'"tl~,'}"Jr!~! 1.: .
"" v"~' .".... '.J".' ,.f. ,_' I, "r .:'
AMg:~
W~f1 -3 At!~. 25
I VERAL.L;.',.,.
0.::':W I Y HE C""!' .'
Recording Requested By:
When Recorded Return To:
CITY CLERK
City of Poway
13325 Civic Center
Poway, California
Drive
92064
RF .5""
AR /,::3
MG /
This space for Recorder's use
ROAD MAINTENANCE AGREEMENT
The purpose of this agreement is to provide for adequate
maintenance of the roadway Welton Lane and Meadow Creek Lane
(formerly Sudan Road), Poway, California. The agreement is
executed by the parties herein, and will run with the land in
perpetuity as a convenant upon the property described herein. The
standard of improvement shall be that set forth by the owners of
the property described herein, maintaining or exceeding the
standard of improvements as they exist as of the date this document
is recorded.
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, assignees, and successors in interest,
upon all whom this agreement shall be binding. The realty held by
each party is identified by the tax parcel number adjacent to the
signature of each 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 the property (i.e.,
improved, unimproved, etc.) shall be redetermined as of the first
of March of each year.
The parties participation
be responsible for 100% of the
whether or not all persons who
agreement,
in this agreement shall collectively
cost of maintenance irrespective of
utilize the road subscribe to this
2.
of this
hereof.
ROAD The description of the roads which are the subject
agreement is attached hereto as Exhibit "B" and made a part
~,.
Page 1
956
~
3. MAINTENANCE. The costs of routine maintenance resulting
from ordinary wear and tear shall be borne by the parties in
accordance with the following formula:
a. In that Welton Lane and Meadow Creek Lane end in a dead
end, property owners nearest the sole public access road
will not have occasion to use the full course of the
road. For this reason, fairness dictates that only those
property owners commonly using a portion of that road
shall be made to bear the costs of maintaining that
portion of road. Therefore, maintenance costs of
portions of the road used only by certain persons,
because they are situated farther from the public access
road and beyond the boundaries of other owners, shall be
borne only by those parties.
b.
Maintenance of the road by all
in common shall be allocated
following point system:
parties who use the road
in accordance with the
1. Each party is allocated 10 points by virtues of
ownership of a lot.
2. For a structure not used more than 30% of the time,
20 additional points.
3. For a structure which is used more than 30% of the
time 50 points will be added.
4. Any owner using a vehicle one ton capacity or over
for any period of time has 5 points added.
5. Commercial lots will be assessed an additional 20
points.
6. For every 25 feet of road, measured from the public
access road to the farthest boundary of a lot, an
additional 5 points will be added.
The Point/Lot Chart is attached as Exhibit "C" and made a part
hereof by this reference.
Page 2
957
m9
c. MAINTENANCE EXAMPLE: A property owner with a house on
his/her property, not commercially used or with heavy
trucks, having a far boundary 1500 feet from the public
access road will be allocated:
Lot Structure
Pts. Points
Comm'l or
Truck
Points
Distance
Points
Total
Points
10
50
o
300
360
This property owner's points will be divided by the sum
of all property owners' points that are parties to this agreement
to determine his/her share of the maintenance cost:
360 / 3726 Sum owners' points = 9.7% of the total maintenance bill.
4. EXTRAORDINARY DAMAGE. It shall be the obligation of each
party hereto to make and pay for all repairs to road, and all
related structures (drains, dip sections, road signs, gutters,
gates, fences, etc,) when the same have been damaged by the
extraordinary use of that party or his/her agents or employees.
Examples of such extraordinary damages are those damages caused by
heavy equipment, such as might be used during construction.
Ordinary use will be for passenger wear over a period of time.
Extraordinary Use 1S causing immediate defined damage within
ordinary use traffic.
5. INITIATION AND MANAGEMENT OF REPAIRS.
a. Necessary maintenance, repairs, and or capital
improvements will be decided on by a majority of
parties as defined in section c of this paragraph,
1n accordance with the parties intentions to provide
a safe roadway for the welfare of all residents.
Projected costs and an example of the formula are
attached as Exhibit "D" and made a part hereof.
b.
Any system for achievement of repairs
costs which, in the year in question,
the majority of parties, shall
utilized.
and payment of
1S agreeable to
be the system
c. "Majority" is any group of landowners holding 51% or
more of the total points as calculated in paragraph
3. They may initiate and manage a program of road
maintenance and repair of related facilities such as,
gutters, gates, etc. The time and effort expended by
property owners in such management of maintenance and
repair shall not be compensated. All other costs
incurred shall be shared in accordance with the above
formula.
Page 3
958
~
d. Achievement of the minimum of 51% consensus
respecting maintenance shall be evidenced by a
written statement, signed by the parties purporting
to constitute such majority. A copy of this written
statement, including proposed work schedules,
delivered to the address of each party, as shown on
the latest tax assessor's roll, at least two weeks
prior to the commencement or any work or the
incurring of any maintenance costs.
6. ADMINISTRATION OF COSTS. The property owners or owners
initiation 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
resolve the 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/her dispute or the assessment
shall conclusively be deemed his/her 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. The prevailing party in any such court
action shall be entitled to costs and reasonable attorney's fees,
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 said property, shall be binding upon and insure 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.
PA~P &
960
2-l-4-2-
IN WITNESS THEREOF, the parties hereto have executed this
Agreement on the dates set forth hereinafter:
---------------------------------------------------------------
Tax Rate Area:
Parcel Numbers:
17112
323-262-28
323-262-29
323-262-30
Date:_f ~~__
OWNER:
William J. Elder
OWNER:
Norman K. Elder
Tax Rate Area: 17112
Parcel Numbers: 323-280-30
323-280-31
323-280-32
Date: 5 Fee. e9
OWNER:
William J. Elder
Signature
Tax Rate Area: 17112
Parcel Numbers: 323-280-33
323-280-34
323-280-35
;J
Date:~CZ~_~~_~~
OWNER: Norman K. Elder
------------------------
Signature
Tax Rate Area:
Parcel Numbers:
17112
323-090-53
~/..
~~::/;C-v %1
-)!i-=&~~____
Signature /
OWNER:
City of Poway
Bob Emery, Mayor
---------------------------------------------------------------
( Notary Acknowledgement Attached )
Pal!e 6
961
~
EXHIBIT A - PROPERTY LEGAL DESCRIPTIONS
Parcel Map No. 10012
Parcel Map No. 10013
Parcel Map No, 10057
Property Owned By;
City of Poway
Parcels 1, 2, & 3
Recorded May 8, 1980
as File/Page No.80-154677
City of Poway
County of San Diego, State of California
Parcels 1, 2, & 3
Recorded May 8, 1980
as File/Page No. 80-154678
City of Poway
County of San Diego, State of California
Parcels 1, 2, & 3
Recorded May 22, 1980
as File/Page No. 80-168221
City of Poway
County of San Diego, State of California
Tax Rate Area: 17112
Tax Assessor Parcel Number: 323-090-53
Page 7
Ref.
No.
964
~
EXHIBIT C
POINT / LOT CHART (Projected Example)*
Parcel No. All Structures Comm'l Distance Total
Truck Points Points
20
------------------------------------------------------------------
% of
Costs
21
22
23
24
25
26
27
28
38
323-262-28
10
50
397
457
10.8
10,6
10.0
10.8
9.1
10.0
7.9
9.2
10.0
11. 6
100%
* NOTE: This Point / Lot Chart shows how costs would be
distributed when all lots have been developed and assuming that no
additional land owners have subscribed to this agreement, Actual
cost distributions would reflect the status of the properties (i.e.
improved, unimproved, etc.) upon recordation of this agreement and
subsequently, be redetermined as of the first of March of each year
as provided for in Paragraph. 1, Page.1
323-262-29
10
50
389
449
323-262-30
10
50
364
424
323-280-30
10
50
397
457
323-280-31
10
50
330
390
323-280-32
323-280-33
10
50
362
422
10
50
274
334
323-280-34
10
50
20
310
391
323-280-35
10
50
362
422
323-090-53
10
20
5
456
491
*TOTAL POINTS ALL UNITS
4237
965
e<<7
EXHIBIT D
PROJECTED COST / EXAMPLE ESTIMATES
EXAMPLE:
As of July 1, 1987 repair costs estimates
are as follows:
Seal Coating: Three applications in ten years @ 5 cents
per square foot = $9,000.
Pavement Repair: 500 sq. ft. @ $2,00 per square foot over a
ten year period = $1,000.
Right of Way Maintenance: Lump sum over a ten year period =
$2,000
Inflation Factor: .25 X 12,000 over a ten year period =
$3,000
TOTAL:
$15,000 during a ten year period.
EXAMPLES:
Cost For: No.20, Par. No. 323-262-28 =
10.8% of $15,000 = 1,620 /10 years = $162.00 per year
Cost For: No.24, Par. No. 323-280-310 =
9.1% of $15,000 = 1,365 /10 years = $136.50 per year
Cost For: No.26, Par. No, 323-280-33 =
7.9 % of $15,000 = 1,185 /10 years = $118.50 per year
Page 11
oj
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~ -~~-- ~
- - - - -- -~_-::: :'<d!<!';f'.~ "'ON} !
966
~
EXHIBIT E - 1. .,Ii MAINTENANCE
REFERENCE MlIP
---FbWAY Po,A,O
~
t
'.
":1$.- '
20
21
,~
23 's:
'~c_,.,'"
~ HR. 0::
Ii
r
:0: ----^--
,.'
,
.1:
t:I
,p
cl
~
26
22
27
24
25
28
I
I
I
I
I
I
I
I
I
"
NOTES:
* Shading indicates portion
! of roads to be maintained
under this agreement.
* Parcel reference numbers
relate to Exhibit C and
are for clarity only.
,.-,..........". "'-'"''
/r"",
967
U#
C~~ERAL ACKNOWLEDGMENT
* *' * * * * ~ * * * * * * * * * - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
State of ~~Lt.
County of <;~ ~ie)n
*
*
*
*
*
*
*
*
* !"NNr/'.....YJY..........~v.-"yy.,
* . OFFICIAL $!AL
*@.'""1''>'MARJORIEK.WAHLSTEN
" "~ Nor All PUlUC.CALlfORNIA
* """_, . I'llNC1PAL OffiCE IN
SAN OlIGO COUNTY
* " " My Comm, Uliires August 3. l!88
* ......^..... ............ -.,. _...~..... .-.- .v.....v.r.
On this the S-tt-.- day of reJpY\J''-'''l
) 55. .
) {'(\c, Y J j ; '" k. k1;. h 1s+4--
the und rsigned Notary Public, personally
19 3~ , before me, *
*
*
appeared
*
lfJ ; \ \i,j..yv ::J. of (0N'h"lv- V. ( I d. <' ,/
[] personally known to me
*
*
*
*
*
~ proved to me on the basis of satisfactory evidence
'ro' be the person(s) whose name(s) iA.,.-e.. subscribed
to the within instrument, and acknowledged that +k~
executed it.
WI~ESS my hand and official seal.
7n~ ~ ~. Vlt~
Notary's Signature
* * * * * *\::.J * * * * * * * * * * * * * * * * * * * * * * *
*
*
*
*
*
*
*
*
* * * * * * * * * * * * * * * * *
*
*
*
PARTNERSHIP ACKNOWLEDGMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* State of
*
* County of
*
*
*
*
*
*
*
*
*
*
On this the
) 55.
)
day of
19
before
me, *
*
*
*
*
the undersigned Notary Public, personally appeared
*
*
[] persona lly known to me *
*
[] proved to me on the basis of satisfactory evidence *
to be the person(s) who executed the within instrument *
on behalf of the partnership, and acknowledged to me that *
the partnership executed it. *
* WITNESS my hand and official seal. *
* *
* *
* Notary's Signature *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CORPORATE ACKNOWLEDGMENT
* * * * * * * * * * * * *
* State of e......l,t.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * * * * *
County of 5l>-- \)i~0
,YJ'^....v~.........~. - -. '",4..."....a.?,"."\I"...1
~ . '~ OffiCIAL SUL
..,. ; MARJORIE K. W AHLSTEN
Q.. . ..:~ NorARY PUBlIC-CALIfORNIA
~ . ~.f'ftI PlUNCIPAL OffICE IN
~ SAN DIEGO COUNTY ..
.. : ': ::. My Comm. Expires August 3. /988,:
,.......... .....v.-~.v.......v....Yw...~.......'^"~..
On
) 55.
)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
th is the ,9,c,-+-L day of FeJoru'^^'j
f"r\a.r'o6e K. Wc..hls+e.-.
undersign d Notary Public, personally appeared
19 8~ , before me, *
*
*
the
*
*
*
Ko oe.t
t. E"" e,.r'1
*
*
~ personally known to me
[] proved to me on the basis of satisfactory evidence to
b~ the person(s) who executed the within instrument as
r-'ves(Je....--\- . or on behalf of the cDrporation *
therein named, and acknowledged to me that the corporation *
executed it. *
WITNESS my hand and official seal. *
~~~ K ~\;~-t... . :
Notary's S!g~ature
*
*
*
*
968
EXHIBIT "B"
PROPERTY LEGAL DESCRIPTION
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 18 TOWNSHIP 14 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTHERLY OF
THE SOUTHERLY LINE OF THE NORTHERLY 526 FEET THEREOF AND LYING
EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF THE WESTERLY 360.00 FEET OF
THE NORTHERLY 526.00 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 0 1 0 2 3 ' 4 5"
EAST, 500 FEET; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO A POINT
ON THE SOUTHERLY LINE OF SAID SECTION 18, DISTANT THEREON 60.00
FEET WESTERLY OF THE SOUTHEAST CORNER OF THE WEST HALF OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER.
969
EXHIBIT C - REVISED POINT I LOT CHART (Projected Example)*
Ref. Parcel No. All structures Comm'l Distance Total % of
No. Truck Points Points Costs
------------------------------------------------------------------
20 323-262-28 10 50 397 457 9.7
21 323-262-29 10 50 389 449 9.6
22 323-262-30 10 50 364 424 9.0
23 323-280-30 10 50 397 457 9.7
24 323-280-31 10 50 330 390 8.3
25 323-280-32 10 50 362 422 9.0
26 323-280-33 10 50 274 334 7.1
27 323-280-34 10 50 20 310 391 8.3
28 323-280-35 10 50 362 422 9.0
38 323-090-53 10 20 5 456 491 10.5
29 323-280-18 10 50 5 397 462 9.8
* TOTAL POINTS ALL UNITS 4699 100%
*NOTE: This Point I Lot Chart shows how costs would be
distributed when all lots have been developed and asssuming that no
additional land owners have subscribed to this agreement. Actual
cost distributions would reflect the status of the properties (i.e.
improved, unimproved, etc.) upon recordation of this agreement and
subsequently, be redetermined as of the first of ~arch of each year
as provided for in Paragraph 1, Page 1.'
D
EXHIBIT II -
2-148-
1. .~ti MAINTENANCE
REFERENCE MAP
970
---FbWAY PeArl
oj
~ ,/" L
- - ----- _~--"''''I':Drn /',Q^C 1
- ------ :
~
N
o
fIIl:r___
20
26
21
22 27
24
25 28
I
I
I
I
I
I
I
I
I
\
~
,
,
,
,
,
,
\
NOTES:
* Shading indicates portion
!' of roads to be maintained
under this agreement.
* Parcel reference numbers
relate to Exhibit C and
are for clarity only.
\'.'~1"~ .,.^,~v
'-,
,