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Lakeview Road Poway CA 92064 - Private Road Maintenance AgreementRECORDING REQUESTED BY: ) ) Mr. George M. Khoury ) ) AND WHEN RECORDED MAIL TO: ) ) ) ) Village Engineering Corp 413 S. Magnolia Ave. El Cajon, CA 92020 N tr nsf r tax due L. his spac APN: #278-170-79,-80 Fe, APN: 4278-170-77,-78 APN: #278-17048 22P ) DUC it 001 0 51350 APR 24 t. 2001 9 54 Am OFFICIAL RECORDS SAM DIEGO COUNTY RECORDER'S OFFICE UMW J. SMITH, COUNTY RECORDER FEES: 115.00 1 CC. ) for Recorder's Use) PRIVATE ROAD MAINTENANCE AGREEMENT Preamble THIS PRIVATE ROAD/STREET MAINTENANCE AGREEMENT ("Agreement") dated for • reference purposes as of the 13 day of APRIL. 2001, is entered into between the PARTIES(hereinafter referred to as "DEVELOPERS/ OWNERS, PROPERTY OWNERS, and LOT OWNERS"), LAKEVIEW DEVELOPERS, INC., a California Corporation, SOPHIA DAKIS, a widow, and SOPHIA DAKIS, Trustee of the DAKIS FAMILY TRUST dated April 21, 1988, and JON A. NORMAN and DEBORAH J. NORMAN, Husband and Wife AS JOINT TENANTS, (hereinafter referred to as "PROPERTY OWNERS, DEVELOPERS/ OWNERS, and LOT OWNERS"), and the CITY OF POWAY, a municipal corporation (hereinafter referred to as • "CITY"), for the benefit of future subdivision lot owners who will use the PRIVATE STREET, or PRIVATE ROAD (hereinafter referred to as "LOT. OWNERS," which shall include the DEVELOPER to the extent the DEVELOPER retains any ownership interest in any lot or lots within the PROPERTY). For the benefit of the property owners, the title; road agent, road committee, road members, association, board of directors, developer and property owners, lot owners hereinafter referred to as ROAD AGENT. If agreed by all parties any single property owner wants to become the acting private easement road, ROAD AGENT they can. If a road committee is formed by the property owners, than one member within the ROAD COMMITTEE will be voted in and to be designated as the ROAD AGENT. The ROAD AGENT will be responsible for all the following duties: personal, phone calls and mail, contacts, notices, document holder, checking account, computer files and disk(s), tapes, CD's, copy of programs used such as a word processor, Quick Books, spread sheet books and photos (of any kind) and correspondence o f any kind concerning "Lakeview Road," the private road. All cost an expenses will become part of the road maintenance cost and the road agent will receive full recovery. If the property owners want to hold monthly, quarterly, simi- annual meeting it can be done by voting in the meeting amendment and adding it to the PRIVATE ROAD MAINTENANCE AGREEMENT document. The ROAD AGENT will hold the amendment permanently as well as recording the document The cost of recording and notarizing and document preparation is part of the road maintenance cost. It -the accounting requires out side Book Keeping Services or a Public Accountant or Legal Services this to is a part of the road maintenance cost. If required a Land Surveyor, Civil Engineer, Soils Engineer, Land Use Planner, or any other professional service these too become a part of the road maintenance cost. It will be required to hold the minimum annual meeting to review the condition of the road in the month ofJune each year. This is due to the time of voting for the new road agent to start in July of each year. The current ROAD AGENT, can be voted back in year after year. Additional responsibly of the ROAD AGENT is to maintain the minutes of each meeting held and to submit copies to all the property owners within (30), thirty days from the meeting. The number of members or property owners required to hold any meeting will be 3/51s, three -fifths. Location of the meeting can occur at any property owners home or lot or within the road. There can be as many members on the road committee as property owners. The notice ofmeeting can occur either by phone, Fax, E-mail or U.S. referrers to duty and period of tirne •Mail thirty (30) days advance. See as referred to in Paragraph C and D, page five and six, as it WHEREAS, this Agreement will meet the future requirement as a condition of approval by the CITY OF POWAY of a subdivision project and building permit as defined in Section 21065 of the Public Resources Code; WHEREAS, DEVELOPER/OWNER wishes to provide for the maintenance and repair of the • PRIVATE STREET, orPRIVATE ROAD as described and shown on X la jihail sketch and B_iit E, property legals and E ' (hereinafter referred to as EasementLegals and attached hereto and made a part hereof ROAD); ROAD" A PRIVATE STREET, OR PRIVATE WHEREAS, DEVELOPER/OWNER is the owner of certain real property being subdivided and developed as PAR L 71 P E I 42and APN. 8 70 8 that will use and enjoy the benefit of such PRIVATE STREET. A complete legal description of said real properties are included in Exl__ALth attached hereto and made a part hereof Said real property is hereinafter referred to as the "PROPERTY;" WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREET be maintained in a safe and usable condition; WHEREAS, the parties (Grantor's) are the owners of certain real property that will be use and enjoy the benefit of said road easement. A complete legal description of said real properly is attached, labeled PARCEL A, D, and C and incorporated by reference. Said real property is hereinafter referred to as the PROPERTY; and, WHEREAS, the owners of the certain real property in the incorporated area of the City of Poway, County of San Diego, State of Californ ia, hereinafter referred to as the "Servient Tenement," and described as follows: 2 4 PARCEL A APN: #278-170-79, and 80. Parcel one and two of Parcel Map Number 11710, in the City of Poway, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, October 08, 1981 as Pile Number 1981-320716 of Official Records. PARCEL 11 APN; #278-170-77, and 78. Parcel one and two of Parcel Map Number 11442, in the City of Poway, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 02, 1981 as File Number 1981-209575 of Official Records_ PARCEL C APN; #278-170-48. All that portion of the Northwest Quarter ofLot 1 of the Northwest Quarter ofthe Northwest Quarter of Section 31, Township 13 South, Range 1 West, San Bernardino Base and Meridian, in described as follows: the County of San Diego, State of Califo California, according to the United States Government Survey, Beginning at the Northwest corner of said Section 31; thence South 89°38'58" East along the North line thereof 331.01 feet; thence South 1°31156" East 330.99 feet to the TRUE PO i T OF BEGINNING, said point being also designated herein as point "A"; thence continuing South 1°31'58" East 330.99 feet to the South line of said Northwest Quarter of lot 1; thence North . . 89°59'01" East along said South line 331.32 feet to the Southeast corner thereof; thence North " * 1°33'52" West along the East line of said Lot 1 a distance of 329.93 feet to a line which bears South 89°49'59" East from the TRUE POINT OF BEGINNING; thence North 89°49'59" West 331.17 feet to the TRUE POINT OF BEGINNING. WHEREAS, the parties (Gran(ee's) are the owners the owners of the certain real property situated in the incorporated area of the City of Poway, County of San Diego, State of California, hereinafter referred to as the "Dominant Tenement," and described as follows: PARCEL A APN: #278-170-79, and 80, Parcel one and two of Parcel Map Number 11710, in the City of Poway, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, October 08, 1981 as File Number 1981-320716 of Official Records. 3 PARCEL B APN: #278-170-77, and 78. Parcel one and two of Parcel Map Number 11442, in the City of Poway, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 02, 1981 as File Number 1981-209575 of Official Records. PARCEL C APN: #278-170-48. All that portion of the Northwest Quarter ofLot I of the Northwest Quarter of the Northwest Quarter of Section 31, Township 13 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the United States Government Survey, described as follows: Beginning at the Northwest corner of said Section 31; thence South 89°38'58" East along the North line thereof 331.01 feet; thence South 1°31'56" East 330.99 feet to the TRUE POINT OF BEGINNING, said point being also designated herein as point "A"; thence continuing South 1°31'58" East 330.99 feet to the South line of said Northwest Quarter of lot I; thence North 89°59'01" East along said South line 331.32 feet to the Southeast corner thereof; thence North 1°33'52" West along the East line of said Lot 1 a distance of 329.93 feet to a line which bears South 89°4959" East from the TRUE POINT OF BEGINNING; thence North 89°49'59" West 331.17 feet to the TRUE POINT OF BEGINNING. WHEREAS, Grantor's previously granted varied easements widths of 10 feet, 20 feet, 40 foot, 50 feet, and 60 feet easement, being reciprocal easements and right-of-way for driveway/private roadway and public and private utilities within the property easements of "LAKEVIEW ROAD". WHEREAS, it is the mutual desire of the parties hereto to establish a method for the maintenance and repair of the PRIVATE ROAD and for the apportionment of the expense of such maintenance and repair (s) of 1/5, one -fifth the cost per PROPERTY; The cost and expense of maintaining the private road easement shall be divided equally among the subdivided parcels as listed from the PRIVATE EASEMENT ROAD CONSTRUCTION AGREEMENT DOCUMENT, dated May 24, 1989, as file page nuinber 1989-274850 of O.R. and paid by the LOT OWNER or the heirs, assigns and successors in interest of each such owner of 1/5, one -fifth per parcel. If APN#278-170-48, Norman's property subdivides than the expense will change according to the total number of parcels using the road. WHEREAS, the existing properties known as APN: 278-170-77, 79, and 80, is currently vacant. When the property OWNER files for their permits, they will be responsible (100%) for all and any damage to the Road, that could occur due to construction. Photos are required from the OWNER of the lot before any construction begins. The photos will show the existing easement road condition throughout and the road slopes (embanIcinent), plants, irrigation system, utilities, signs and etc. The photos will become a part of the original document package to the "PRIVATE ROAD 4 MAINTENANCE AGREEMENT" to be maintain by the easement/road AGENT. Due to the age of the driveway and the existing condition, there has not been any maintenance and repairs substantiality made since the installation of the original construction by the parties in 1991. WHEREAS, the existing property known as APN : 278-170-78 is currently completing their construction. When the property OWNER "Lakeview Developers" completes the construction they will be responsible (100%) for all and any damage to the Road. This project did not have any photos prior to construction beginning. The property known as APN: 278-170-78 is currently in the process of filing for a building permit with the City of Poway. Before any work begins, there will be photos taken showing the existing easement road condition throughout and the road slopes (embanlanent), plants, irrigation system, utilities, signs and etc. The photos,will beeorne a part of the original document package to the "PRIVATE ROAD MAINTENANCE AGREEIENT” to be maintain by the easement/road AGENT. Due to the age of the private road and the existing condition, there has not been any maintenance and repairs substantiality made since the installation of the original construction by the parties in 1991. WHEREAS, DEVELOPER/OWNER has created or will create the PROPERTY OWNERS, to which the LOT OWNERS will belong, for the purposes of maintaining, repairing, and replacing the private road easement areas within the PROPERTY, including, without limitation, the PRIVATE ROAD, "LAKEVIEW ROAD"; and WHEREAS, it is the mutual intention of the parties that this Agreement constitute a of the PROPERTY. covenant running with the land, binding upon each successive LOT OWNER of all or any portion T e PR PERTY 0 NER'S DUTYT At all times herein, the PARTIES, shall maintain said private easement road and incidental structures and appurtenances thereto, or roadway situated within the easement and driveways, with each property owner being responsible for (1/5), one -fifth of any maintenance expense; Each of said Property Owner desires to share the costs and expenses of maintaining and operating the easement and driveways. Therefore, each Property Owner, for himself or herself, and • successors, assigns, and heirs agree: (a) This Agreement will run with each PROPERTY OWNER'S fee interest, described herein above; and, (b) Each PROPERTY OWNER shall bear TWENTY percent (20%) of the expense of maintaining said easement; and, (c) This obligation of the road maintenance is not limited to minor repairing and maintaining the existing paved road, by each individual Property Owner on a on -going bases (day-to-- day) and shall not require the major improvement of said roadway as an individual without the consent of each Property Owner; and if agreed by all parties a single property owner wants to become the acting private easement road AGENT, COMMITTEE PERSON, MEMBER, and PROPERTY OWNER, LOT OWNER, AND DEVELOPER. 5 (d) The period of time for the private easement road agent is one year. The beginning ofthe first period will begin at the time of executing the agreement and will run until July 01, 2002. The first agent will be NORMAN, if NORMAN sells on or before July 01, 2002 than it reverts to DAKIS. 'fa property sells and the agent period has not ended, than the current agent will past their remaining term to the other agent. That agent will finish out the remaining period and begin their agents period. Each July 01, will start a new period for the private casement road agent. All the books and documents and a checking account, if used, will be turned over to the next agent. The maintaining of all documents will be for a minimum period of ten years. (e) Presently within the road easement, on the slopes (embankments) there are landscaping, irrigation and private lighting, signs and etc. within. The improvements will continue to be maintained by the property owner and not the members of the maintenance agreement. The other property owners can not remove or alter in any way the existing conditions. If due to construction, work take place within any area out side of the roadway than the property owner that is impacted from the work will decide as to what changes will take place. If the property owner is not available than the road agent will have the constructor replace the damaged work area with the same items (landscaping, lighting, irrigation, signs and etc.) and features there will only be a one for one replacement of like kind. WHEREAS, it is the mutual desire of the parties hereto that said private road easement be maintained in a safe and usable condition by the LOT OWNERS; and, Repairs and maintenance under this Agreement shall include, but is 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, gate and appurtenances to its mechanic, if any, and other work reasonably necessary or proper to repair and preserve the easement for all weather road purposes. WHEREAS, it is the mutual desire of the parties hereto to establish a method for the maintenance and repair of said private road easement and for the apportionment of the expense of such maintenance and repair among existing and future LOT OWNERS; and, • W THEREFORE IT IS HEREBY A ED AS FOLLO .1. The property benefitted by this Agreement is the PROPERTY. The present and successive LOT OWNERS of all or any portion ofthe PROPERTY are expressly bound hereby for the benefit of the PROPERTY. 2. The cost of maintaining the PRIVATE ROAD shall be divided equally among the subdivided parcels created in the PROPERTY and paid by each LOT OWNER or his or her heirs, assigns and successors in interest. Such costs and expenses shall be collected by the PROPERTY OWNERS as assessments in accordance with the PRIVATE EASEMENT ROAD, PRIVATE STREET MAINTENANCE AGREEMENT.