Loading...
Private Roadway Maintenance Agreement and Restrictive Covenant 2006-0506373 . 3'283 . RECORDIN(] REQUESTED BY OOC# 2006-0506373 . FIRST AMERICAN TITLE INSURANCE co. ! 11111111111111111 111111111111111111111111111111111111111111111 11111111 <Y) - \~.~.,~ JUL. 19, 2006 8'00 AM WHEN RECORDED MAIL TO' [I,FIClp.L RE[lJRC"" ':c,l.'.,N [IIEGO DJUr'JT't F:ECOR[IEFJ"; OFFICE I:~REGOF:'I ,I '3MITH CDUr'Jrl F:ECOR[IER CITY CLERK FEE", .2::::,1:10 CITY OF POWA Y F'I..J,GES G P,O BOX 789 1111111 11111 11111 111111111111111 11111 11111 11111 UIII III 1111111111111111111111111 POWAY, CA 92074-0789 2006-050~373 PRIVATE ROADWAY MAINTENANCE AGREEMENT AND RESTRICTIVE COVENANT .. THIS P"GE'ADDED TOPROVIDE,;\DjOQU;\TESPACE FOR RECORDING INFORMATION . <,' - - . (ADDITIONAb-RECORDINGFEE APPLIES) Ow -~O \ "I """'"'. . tJ\~MPl 'PER' GOVERNl\JifN 3284 C~" OO~QUESTED BY , "" /U) ~:<> . AND -E'E1~t~ORDED MAIL TO ~ ,~ IJ--t0 f"\.-LAJ h ~ CITY CLERK ~~ CITY OF POWAY POBOX 789 POWAY, CA 92074-0789 NO TRANSFER TAX DUE (THIS SPACE FOR RECORDERDS USE) PRIVATE ROADWAY MAINTENANCE A:GREEMENT AND RESt~ICTIVE COVENANT THIS PRIVATE ROADWAY MAINTENANCE AGREEMENT AND RESTRICTIVE COVENANT (hereafter, the "Agreement") dated for reference purposes as of the 23 day of June ,2005, is entered into between the Poway Redevelopment Agency, a public body corporate and politic ("Agency") ,and BSM Properties, LLC, a California limited liability company ("Owner"). WHEREAS, Owner is the fee owner of record of that certain real property legally described in Exhibit "A" attached hereto, on which there is to be constructed an access way to Owner's' business adjacent thereto and ,. across which Owner granted to Gregg L. Brandalise and his successors in interest by Document No. , recorded in the Office of the Recorder of San D,iego County 2005, an easement for ingress and egress and for public utilities ,(the "Easement") to serve from Evanston Drive that certain real property now owned by Agency, which property is legally described in Exhibit "B" attached hereto; and WHEREAS, it is the mutual desire bfthe parties hereto that the Easement be maintained ina safe and usable condition and that the costs thereof be shared equally by the parties hereto and their successors in interest; and WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with the land, and be binding upon each successiye owner of each of the properties described herein. THIS INmWMENI'FlLEDFOR REOORDBY NOW, THEREFORE IT IS HEREBY AGREED AS FOLLOWS JIIRS1'AMERlCANTDUlCOMPANYASINACCOMODATIOM ., QNLYIIHASNOl'BEENEXAMlNEDASTO rrs~ ClaM 10 D'S IiffS,3' UlON nmJi1Lll. 1 The cost of maintaining the Easement shall be. borne in equal halves by the owners of the two propenies described herein, or their heirs, assigns, and successors in interest. Agency covenants that the City of Poway shall require that a homeowners association be formed and maintained in connection with the future,ownership of the Agency's' propeny described in Exhibit "B' for the purpose of collectively maintaiiling. the Easement (hereatler, the "Restrictive Covenant"). The Restrictive Covenant shall run with'.ihe' l~nd and, bind all successors in interest thereof, and may be extinguished ,as to the Easement only with the express, written, recorded consent of Owner or its successor in interest. Notwithstanding the Restrictive Covenant, in the event that either of the propenies described in Exhibits "A"and"B" is subdivided or for any other reason becomes owned by more than one person or entity without a homeowners association or similar agreement to collectively maintain areas of common use, that half of the maintenance expense shall be borne equally by the M:\Traccv\Mitsubishi:Hyundai\062305 Final DocsIHyundiIiRuad Main Agreement 5th 'Draft 80504.doc . . 3285 owners of those interests. 2. The repairs' and maintenance to be performed under this Agreementshall include such work as is necessary to,adequately maintain the roadway to the standards and in the condition of the roadway upon the completion of its construction. Repairs and maintenance under this Agreementshall 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 roadway for normal access purposes. 3 In the event a party retains a contractor to perform any repair or. maintenance to the roadway, the party shall require such contractor to maintain liability insurance to cover any liability arising as a result of its activities. 4 Owner shall perform repair'and maintenance to the roadway as Owner determines to be reasonably necessary for the safe and comfortable use and neat and clean appearance of the roadway Ifin the judgment ofthe Agency, orits successors, the roadway is not being properly maintained, the Agency, or its successors, shall seek 'agreement with the Owner for the performance of needed repair or maintenance work. If ho agreement is reached, either party may thereupon initiate repairs or maintenance. Whenever repair or maintenance is performed, the party performing the maintenance shall provide a complete statement of all costs thereof to the other party upon completion of the work, and assess one-half of such costs to the other party In the event that for any reason there are multiple owners bfthe property to be assessed and there exists no property owners association among them, the assessing party may allocate theone-half of the costs to be paid'equally among the multiple owners, in which case each shall be responsible for its allocated share. The party not performing the repair or maintenance shall reimburse the party performing such work for one-half of the costS incurred in connection with such work.. Ifthat party does not so reimburse the party performing the work within thirty 130) days after written demand, then the party performing the work may pursue all of its remedies at law or in equity 5 If a party makes necessary repairs in accordance with paragraph 4 above, said work shall be without warranty to the other party so long as it is performed by a licensed contractor 6, The foregoing covenants shallrun.with theland 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 any property described herein. The covenants herein"contained shall be binding on the heirs, executors, administrators, successors and assigns of each of the parties hereto, 7 In the event of a dispute between the parties. hereto concerning the need for maintenance, the reasonableness of the cost thereof, or the allocation of.financial responsibility therefor, the dispute shall be suomirted tathe San Diego office ofthe AmeriCan Arbitration Association for resolution. The decision ofthe',arbitrator shall be final and may be converted into a Superior Court judgment in accordance with local rules. 8. Any subsequent purchaser of all or any portion of any property described herein, 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. 9 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 M:\Tracey\MitsubishLHyundai\062305: Final Docs\Hyundai Road Main Agreement'Sth Draft 80504.doc . . 3286 IN WITNESS WHEREOF, the parties have executed this Agreement effective the date first set f0l1h above. BSM PROPERTIES, LLC ~/4::ft/;;::;' By Mark A:~kOp~President / General Manager POW A Y REDEVELOPMENT AGENCY --~~ By "Rod Gould, Executive Director M:\Tracey\Mitsubishi.f-lvundai\062305..Final,Oocs\Hyulldai Road Main_Agn:cment 5th Draft 80504.doc " . . 8287 CALiFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~;. :=;: -~~~~~._----~._._.~:~-~~~ ~~ Stateof'Califomia } SSe County of San Di ego On J.ill4 II, 2.tb lP before me, Shi>11 ey Cn 11 i ns. Nntery Pllh1ic: personally Date MtuVlL ~lZ1)e of Officer (e.g., "Jane Doe; Notary Public") appeared v N,mel') of eO",,) " D personally known to me .. , .9'frOVed to me on the basis of satisfactory evidence SHEUEYCOWNS' _@~'#1~ to be.theperson.(8j'whose nameiaJ~are subscribed Notary PuIlIIc . CaIIllnila ~ithin'instrument and acknowledged to me that Ian DIego CounlV tR€y executed the same in ~heit _eomm."'.0cl21,:IlIlI7 J authorized capacity(i~ and that b',' hi' Ilsir signature(s) on .the instrument the person!!>f; or the entity upon behalf of which the person(s) acted, executed theinsirumenl. Place Notary Seat Above ignature 01 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to,ipersons relying on the document and could prevent fraudulenf:removal and reattachment of thisofoim to another document. Description of Attached Document ~t (2Dfj dUJa.t MCLi1lf ' ~vvti . Title or Type of Document: ' 1 Document Date: (0 I 7!JJ . [f5 Number of Pages: - Signer(s) Other Than Named Above: ~I<od C,oul d Capacity{ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Individual o Corporate Officer - T1t1e(s): o Corporate Officer - T1l1e(s): o Partner - 0 Limited 0 General RIGHT THUMBPRINT o Partner - D'Limited 0 General o Attorney in Fact . lQF SIGNER o Atlorriey in Fact . Top of thumb here Top of thumb here o Trustee o Trustee o Guardian or Conservator o "Guardian or Conservator o Other' o Other' Signer I~ Representing: Signer Is Representing: ~~~~~~~~~~~~~~~~~~ ""':""-~"""'^~ @2004NatioOill Notary Association' 9350 De Solo Aile., P.O. Box 2402' Chalsworth, CA 913132402 flem No. 5907 Reorder: Call Toll-Free 1-8OQ..J376-6827 . . 3288 CALIfORNIA ALL-PURPOS~ ACKNOWU~DG~~NT ~"""<>.-~~~~~~~ State of California } ss. County of San Diego on~, before n~. Notary Publ;" . Date . a~ litle of Officer (e" g.. "Jane Doe, Notary Public") personally appeared " -- ", oy15ersonallY known to me -G eom~~Jl3 o proved to me on the basis of satisfactory evidence eo Notary Putlllc . CaIIIOmJa to be the person(s) whose name(s) is/are subscribed Sail llIogo CounIy to the within instrument and acknowledged to me that MvComm. EIlpblIS get 21 0 he/she/they executed the same In his/her/their .i authorized capacity(ies), and that by h'islher/their slgnature(s) on the instrument the person(s), or the entity upon !:lehalf of which the person(s) acted, executed the Instrument. ~ Place Notary Sear Above SlgnalUfe of Notary Public OPTIONAL Though the information below is hot 'required by law, ;t may prove valuable to persons relying on the document and could prevent fraudufenfremova/ and reattachment of this form to another document. Description of Attached Document -p 4 Qd l\ tllA'\k ~o Title or Type at Document: 0 V 0 ' Document DateJU ~. 23.2005 ~ Number of Pages: ~ 0:- V\L ~ Dr: \ ItDp Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o tndividual o Corporate Officer - nle(s): o Corporate Officer - Title(s): o Partner ~ 0 limited 0 General o Partner _ 0 Limited 0 General o Attorney in Fact . o Attorney in Fact Top'of thumb here Top of thumb here o Trustee o Trustee o Guardian or Conservator o Guardian or Conservator o Other' o Other' Signer ts Representing: Signer Is Representing: ~~~~~~~~"""'~ @ 2004 Nati~al Notary Association. 9350 De Sot~ Ave., P.O. Box 2402. Chatsworth, C!\ 91313-2402 Item No. 5907 Reorder: Call Ton-Free 1cBOO-876-6827 " . . " 3289 Exhibit A Legal Description of Property BSM LLC Private Roadway Maintenance Agreement APN323-203-20 ACCESS & GENERAL UTILITY EASEMENT The Northerly 40 feet of the Southerly 250 feet of the East 50 rods of Lot 2 in Section1B, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in ,the County of San Diego, State of California, according to the Official Plat thereof, EXCEPTING the Easterly 670 feet thereof ., g< .'.. .;;'.., .', . . IfJ/ , ' ., - - Exhibit B 329 Legal Description of Property BSM LLC Private Roadway Maintenance Agreement PARCEL 1 13917 Courier Way APN. 323-203-19 The Northerly 15000 feetof the Southerly 400 00 feet ofthe Westerly 155.00 feet of the Easterly 670 00 feetofthe Easterly 50 rods of Lot 2 in Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, in the City of Po way, COl.(nty of San Diego, State of California, accordingto the official plat thereof PARCEL 2. 13956 PowayRoad APN 323-203c1.8 The Northerly 150 00 feet of the;Southerly 400 00 feet of the Westerly 185 00 feet of the Easterly 515 00 feet of Lot 2 in Section 18, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to official'plat thereof Parcel 3 LEGAL DESCRIPTION OF A PORTION OF BSM PROPERTY The Northerly 25 feet of the Southerly250 feet of the East 50 rods of Lot 2 in Section 18, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, EXCEPTING the Easterly 330 feet and the Westerly 155 feet thereof -;