Private Streets Maintenance Agreement 2005-0956902
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I . ce= II 2005-095f3902
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RECORDING REQUESTED BY. NOV 03. 2005 10'38 AM
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CITY OF POWAY OFFICI.e..L F:ECOF:[IS
I~ ';,'-',N [i1EC1[l [Olli.jT'l FiECUF:[IEF:"; IJFFICE
AND WHEN RECORDED MAIL TO' GF:EliOFi"I.J :,r",jl TH, CuUtH'1 FiECOF:[,ER
FEE", .22,00
P'::'.C1E':. ~
CITY CLERK
CITY OF POWAY 11111111111111111111111111111111111111111111111111111111111111111111111111111111
POBOX 789
POWAY, CA 92074
NO TRANSFER TAX DUE
(THIS SPACE FOR RECORDER'S USE)
APN 278-240-29
PRIVATE STREETS MAINTENANCE AGREEMENT
THIS PRIVATE STREETS MAINTENANCE AGREEMENT ("Agreement") dated for reference
purposes as of the 31st day of October , 2905, is entered into between Ronald
G, Plumb and Barbara R. Plumb,hereinafter referred to as "OWNER", and the CITY OF POWA Y, a
municipal corporation, hereinafter referred to as "CITY"
WHEREAS, this Agreement is required as a condition of approval by the CITY ota building permit
pursuant to Section 17,52.040 of the Municipal Code and ordinance 303 and 304 relative to
construction of a single family residence at 15275 Eastvale Road; and
WHEREAS, Owner wishes to provide for the maintenance and repair of those certain PRIVATE
STREETS described and shown on'ExhibitA 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 house at
15275 Eastvale Road that will use and enjoy the benefit of such PRIVATE STREETS. A complete
legal description of said real property is included in Exhibit B attached hereto and made a part
hereof. 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
andrepaired.in a safe and usable condition; and
WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant
running witMhe 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 OWNER or his or her
heirs, assigns, and successors in interest. Notwithstanding, the foregoing, OWNER may
seek contributions or recompense from and by ,all other owners, heirs, assigns and
succ,essors in interest who may be obligated under similar Private Street Maintenance
Agreements with the City otPoway relevant to this section of private roadway
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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
maintenancework to adequately. maintain the PRIVA TEST~EETS and any related drainage
facilities to permit normal access, ingress and egress to and from the Property Repairs and
maintenance under this Agreementshall ilJcludE!' but are not limited to, filling 'of chuckholes,
repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage
structures, removingde.bris, :mairitaining signs, markers, striping and lighting, if any, and
such other work as is reasonably necessary or proper to repair and preserve ttiePRIVATE
STREETS for normal acCess, 'ingress and egress purposes.
4 The obligation of the OWIIIER as outlined herein. shall com,mence with the issuance of a
building permit by the CITY to construct a single family dwelling at 15275 Eastvale Road,
5 In the event the OWNE~/e!ain.s a contractor to per10rm any maintenance and obligation
with respect to the PRIVATE STREETS, the OWNER shall require such contractor to
maintain liability insurance.tocover any liability arising as a result of its activities with regard
to such maintenani:eactivities,
6, OWNER shall defend and,indemnify and hold harmless CITY, CITY's engineer and their
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consultants,and each oftheir officials, directors, officers,:agents and employees from and
against all liability, claims,. damages, losses, expenses, personal injury and other costs,
including costs of dE;lfense 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 'col}tract documents or CITY's approval of the plans and
specifications for or inspection of the work regarding the PRIVATE STREETSi.sintended to
include a review,'inspection,or acknowledgment of a responsibility for any such matter, and
CITY, CITY's engineer,. and their consultants, andeac!:l oftheir officials, directors, officers,
employees and agents; shall have absolutely no responsibility or liability therefor
7 If in the CITY's sole judgment the PRIVATE STREET,Sare not being maintained to
standards set forth in~aragraph 3 ,of this Agreement,itheCITY may thereupon provide
written notice to the Q,WI'!ERtoinitiaterepairs or construction within ninety (90) days, Upon
failureto demonstrate;goodfaith to make repairs or construction within ninety (90) days of
receipt ohuch notice the OWNER agrees that the CITYmay make all needed repairs to the
PRIVATE STREETS tomeet-thestandardsset 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 OWNER
does not so reimburSe the CITY within thirty (30) days after CITY's demand, then CITY may
pursue all 'of its remedies atlaw or in equity
8. If the CITY elects to make necessary repairS in accordance with paragraph. 7 above, said
workshllll bewithout,warranty Said repair shall be accepted "as is" by the OWNER and
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.
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11 It is the purpose of the signatory hereto that this instrument be recorded to the end and
intent thatthe obligationshE;lreby.created shall be andconstitiJte a covenant running with the
land and any subsequent purchaser. of all or any portion of the Property, by acceptance of
dEllivery of a deed and/or coiwey'ance, 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 thi.~.Agreement are held to be unenforceable or invaliCl 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
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Date: It! ~:s / ~ a.s
Ronald G. Plumb ,,{) I /
k"'1ilA~ Il. t~~ /,1 - 3 /- 0 j
Date:
/Barbara R. PlumB
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j Date:
Jo Lippitt,
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CA~IIFOIRNIAALL-PURPOSE ACIKNO.WLEDGMENT
State of California
County of San Diego
onfl:rz;,/J,f;Y< 3 I L 0 f) J-- before me, Phyllis Shinn, Notary Public
, Dar,,1 // Name and.Title of Officer (6 9 JaneDoe, Notary Publir."1
personally appeared 120;1/1) L h G /1 (1/,') /f:A/c0"hM e. PL vi ItID
Name(s)of Slgner(s)
Dpersonally known to me - OR -\hroved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)'1;S(are'subscribed to the:within instrument
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and ackn<;>wledged.to me that ~/~/they executed.,lhe
same in t}is/t)~/t~eir ?ythorized capacity(ies), and that by
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- ..... C?mmbslOn #1450304 or the entity upon behalf of which the person(s) acted,
~., .,,( . Notary Public. CaHlomla f executed the instrunient.
J . , San Di8g0 Counly -
- - - ~'~_~':r~~'1 wlrn"s my"'" ,m""'" ":J
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c,4., gz!, )iv,r
(/ Signatuft;'ol Notary Public
OPTIONAL
Though the-information befowisnot.required by law, it may prove valuable to personsrelvingon the document and could prevent
fraudu/~nt rempvaran.<J reattachment of this forin to a.rio~hfJr.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 Sigher(s)
Signer's Name: Signer:s.Name:
o Individual o Individual
o Corporate, Officer l:J Corporate Officer
Title(s): Iitle(s):
o Partner-- [] Limited ,I General o Partner~ [] Limited 0 General
o Attorney'in-Fact D' Attorney,;n-Fact
o Trustee o Trustee
o GuardianorCohservator , o Guard'ian or Conservator "
,1 Other' Top 6f thumb h8re o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
...
o ni94 NailOnal Nolary A~sociation. 8236 Rem:net Ave. P.O:'Box 7184' Canoga Park. CA 91309-7184 Prod.' No. 5907 Reordef: Call .TolI..FrlM! 1.800.876..6627
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- EXHIBIT "A" .
THE PRIVATE STR~ETS TO BE~INTAINED ARE LOCATED WITHIN TH~ 700 FEET LYING WESTERLY
OF THE EASTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP NO. 18038 OF THE FOLLOHING
DESCRIBED EASEMENT
AN EASEMENT FOR "NGRESS AND EGRESS FOR ROAD PURPOSES OVER THOSE PORTIONS OF THE
SOUTH' K~LF OF THE SOUTHEAST QUARTER OF SECTION 32 AND OF THE SOUTHWEST QUARTER OF
THE' SOUTHWEST QUARTER OF SECTION 33, ALL IN TOWNSHIP 13 SOUTH, RANGE 1 WEST , SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL FLAT THEREOF, LYING WITHIN A STRIP OF LAND 40 00 FEET IN WIDTH, THE
CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SAm SECTION 32; THENCE ALONG. THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER, SOUTH 890 42' 5711 EAST I 320 00 FEET TO THE NORTHEASTERLY CORNER
OF LAND DESCRIBED IN DEED TO EMIL B ASLESON, ET UX; RECORDED MARCH 17, 1952 IN BOOK
4405, PAGE 53 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID ASLESON
LAND, SOUTH 00 11' 0.0" EAST, 377 00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 890 42' 57" EAST 409 85 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHWESTERLY, K~vtNG A RADIUS OF 200 00 FEET, BEING A POINT HEREINAFTER REFERRED TO
AS POI~T "A"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 4'00 16' 00", A. DISTANCE OF' 14 0 56 FEET; THENCE SOUTH 410 29' EAST, 69 58
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
300 00 ,FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 220 16' 30", A DISTANCE OF 116 63 FEET; THENqE SOUTH 270 10' 30" EAST, 55 83
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF
300 00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 120 53' 00", A DISTANCE OF 67 46 FEET; THENCE SOUTH 400 03' 30" EAST, 79 11
FEET TO THE' BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
200 00 .FEET', THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 510 09' 50", A DISTANCE OF 178 60 FEET; THENCE NORTH 880 46' 40"
EAST, 141.99 FEET TO THE BEGINNING OF A TANGENT CURVE CONC~VE NORTHWESTERLY, HAVING
A RADIUS OF 150 00 FEET; THENCE EASTERLY AND NORTH&~STERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRft~ ANGL~ OF 900, A DISTANCE OF 78 54 FEET TO THE BEGINNING OF A
REVERSE CURVE, HAVING A RADIUS OF 200 00 FEET; THENCE NORTHEASTERLY AND EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 290 28' 20", A DISTANCE OF
102 88 FEET; THENCE SOUTH 890 41' 3D" EAST, 106 96 FEET TO A POINT IN THE EASTERLY
BOUNDARY OF LAND DESCRIBED UNDER.~.~CEL 1 IN DEED TO GILBERT C MILLER, ET UX,
RECORDED FEBRUARY 4, 1957 IN BOOK '6442, PAGE 502 OF OFFICIAL RECORDS, DISTANT
'Tf:lEREON SOUTH 120 21' 40" WEST, 20 45 FEET FROM AN ,ANGLE POINT IN SAID EASTERLY
BOUNDARY AND BEING A POINT HEREAFTER REFERRED TO AS POINT "B", THENCE CONTINUING
SOUTH. 890 4I" 3D" EAST, 1839 64 FEET TO THE END OF SAID EASEMENT THE EASTERLY END
OF SAID EASEMENT TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE FOLLOWING
DESCRIBED LINE"
COMMENCING AT A POINT IN THE WESTERLY LINE OF SAID SECTION 33, DISTANT THEREON NORTH
10 37' 35'; EAST, 323 11 FEET FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE SOUTH 660
01' 1011 EAST, 195 37 FEET; THENCE NORTH 330 23' 10" EAST, 169 60 FEET; THENCE NORTH
810 36' EAST, 157 68 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 120 35' lOti
EAST
EXCEPTING FROM 'SAID 40 00 FOOT STRIP, THE NORTHEASTERLY AND NORTHERLY 5 00 FEET OF
THAT POR'TION THEREOF, LYING BETWEEN SAID POINT "A" AND SAID POINT "B" HEREINABOVE
MENTIONED
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A
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EXHIBIT "B"
PARCEL 2 OF PARCEL MAP NO 18038, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF .CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, MAY 29, 1998
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