Private Streets Maintenance Agreement 2005-0955761
-
- . C.C If ,
2005-0955761
fi RECORDING REQUESTED BY 21611 : illllll !IIIIIIIIIIII 11111 11111 11111 111111111111111111111111111111111
.~ CITY OF POWAY NOV 02, 2005 4'50 PM
~ ~\, AND WHEN RECORDED MAIL TO' C:FFIU.~.L RECUF:[I~,
."::'1-1 Clitljl~i COUN 'II F:ECOF:[IEF-i"_ OFFII~I
CITY CLERK cd-:t'.I~rIF:', ,I sr.,jITH CI]UIH', REr'ORLIEF:
CITY ClFPOWAY FEE':.. .::'J.OO
P 9 B02< 789 r.::.J3E ':. E,
POWAY, CA 92074 111111111111 Illllllllllllillllllll~~'H~J~I>>~W~~llllIIllllllIl
NO TRANSFER TAX DUE
(THIS SPACe, ~" "~~~, ,__. _ _ __,. _,
APN: 278-300-66
PRIVATE STREETS MAINTENANCE AGREEMENT
THIS PRIVATE STR'7Y MAINTEN~~~AGREEMENT ("Agreement") dated for reference
, purposes as of the day of ' ' iJ . f r ,2005, is entered into between ScottW Meyers
and Marcia F Meyers, hereinafter referrea to as '~OWNERS", and' the CITY OF POWAY, a
municipal c.orporation, hereinafter referred 10 as "CITY"
WHEREAS, this Agreement is requi~ed as a condition of apprqval'by the CITY of abuilding'permit
pljrsuant to Section 17.52.040 of the Municipal Code and Ordinance 303 and 304 relative to
construction to a single family residence at 15102 Skyridge Road; and
WHEREAS, Owners wishe to provide for the maintenance and repair of those certainPRIVA TE
e.. ..,
STREETS described and,shown on ExhibitAattached hereband made'a part hereof, hereinafter
'referred to as ihe "PRIVATE S1REETS"; and"
WHEREAS, Owner is the owner of certain real property being developed as a single family house at
15102 Skyridge Road that will useaf']d enjoy the benefit of such PRIVATE STREETS. A complete
legal description of , said real property is included in Exhibit B attached hereto arid' 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 thanhe PRIVATE STREETS be maintained
and repaired in a safe and usable condition; and
WHEREAS, it is the mutual intention of the partiesthal':this Agreement constitute a covenant
runningwith'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 <lnd by all other owners, heirs, assigns and
succ,essors .in interest who may be obligated under similar Private Street Maintenance
~ "." .
~greements withth~City of Po way relevant to thissectioriof private roadway
OS-IC)L\
. . 21612
3. The repairs and maintenance to be performed under this Agre",ment by or on behalf of the
Ovv,NERS shall be limited to the following: reasoriable and normal road improvement
maintenance work to adequately, maintain the PRIVATE:STREETS ana any related drainage
facilitiesto,permit normal'acces's, ingress and egress'to and'from the Property Repairs and
maintenanc,e under this Agreement shall include, Dlit.are-riot limited to, filling of chuckholes,
repairingcracks,repairing,and resurfacing ofroadb",ds,:~epairing andrnaintaining drainage
structures, removing debris, maintaining signs, markers, striping and lighting, if any, and
such other work-as isreasonab~ly necessary or proper to repair and preserve the PRIVATE
STREETS for normal access, ingress and egress purposes,
4 The obligation of the OWNERS as outlined herein shall commence with the issuance of a
building permit by the CITY for ,construction to a single'family house at 15102 Skyridg",
Road.
5 In the evenUhe OWNERS retain,!a contractor to perform any maintenance and obligation
with respect to the PRIVATE STREETS, the OWNERS;snall require such contractor to
maintain liability insurance to cover any liability arisihgas:a result of its activitieswith regard
to such mairitenance,activities,
6 OWNERS shall defend and indemnify and hold harniless,CITY, CITY's engineer and their
consultaritscahd each ofllheir officials, directors, officers, agents and employees from and
again,st all liability, c~I,aims:, damages; losses, expenses;, personal injury and other costs,
inclucJingcosts of defense and attorney:s fees, incurreg by,or payable to any other use of the
PRIVATE STREETS, 'clrtoany otheHhird parties arising out of or in any way reiated'tothe
use, repair or maintelJance of the PRIVATE STREETS Nothing in this Agreemerit,the
specifications, or other contract documents or ~ITY!s a.Pwov<l1 of, the pl!'lns an,d
specifications for or.ihspecti6h'orthe,work regarding th'e PRIVATE STREETS'isintendedto
include a review, inspection; or acknowledgment ofa responsibility for any such matter, and
. ...~. - . . .
City, CITY's engineer, and their consultanis, and each oftheir'officials, dir~ctors,:officers;
employees and agents, shall have absolutely no respohsibility or liabilitytherefor.
7 If iri the CITY's sole juagrhent the PRIVATE STREETS are not being maintained to
standards set forth i,n 'parCigraph 3 of this, Agreement"th'e CITY may thereupon provide
written notice to the OV\I'NERS' 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 Qotic", the OWNERS,agree;:that the CITY may ,make all needed
- ",. .., --
repairs to the PRIVATE STREETS to meet the 'standards set forth 'in paragraph 3 and to
. -. .'.' .,... ", -. .
thenassess,the costs thereof,to'the OWNERS The-OWNERS shall reimburse the CITY for
ClII reason<l,ble costs incurred by the CITY in conriectionwith such maintenance activities, If
the OWNERS do not so reimburse the CITY within thirty (30) days after CITY's demand,
"0 "'.' _ .,. ...' .,
then CITY may pursue all of its remedies:at law,,gr ilJ equity~.
8. Ifthe CITY El,lects to make'necessary repairs iri accordarice with paragraph 7 above, said
work shall be.withoutwarrf3nty :Said repair:shall be'accepted "as is" by the OWNERS and
the without.any warranty of workmanship.
g The foregoing,covenants,shall run with the lanstand shall bedeemedtobe forthe 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 ag~reed:that the covenants,herein contained shall be binding on the
heirs, executors, administrators, successors and assigns of the OWNERS
. . 21613
11 It,is ,the purpose of,the .signatory hereto thatthis' instrument be.recorded to the end, and
intent thaUhe;obligations her",bycr",atedshallbe,a[1d c:;onsti(ute a covenant running with the
landandariy slibsequerit purchaser of all or. any portion'ofthe Property, by acceptance. of
delivery or a deed and/or conv>~yance, regardless ,of form; shall be deemed to have
consented'to and become bound by this Agreement.
12. l'his,Agreementshall be gOl/er[led ,by the,laws oftheState of,California. In the event that
ariy of the provisions of. this Agreement are held'to be unenforceable or invalid by any court
of competent jurisdiction"the \lalidity and enforc'eability 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 OWNERS ~-~ --
Date \\,1- 0- O:J
Scott'W Meyers :
~ Date /C::J O-e.-J'
Ma cia F'. e rs "~
CO, CIJ< OF POWAY L9"...;{ Date:, {fJ.".Or'
--
. . 21614
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
.-~
1
State of calif~ } ss 1
1
County of n 7)/-':.} 0 ,I
ani ~ (klDw/"' ~~
Date
1 personally appeared
o personally known to me 1
~roved to me on the basis of satisfactory
evidence ,I
[ to be the perso~ whose nam@ i~
subscribed to tH within in~nt a
~----~~:~---,- acknowledged to me that he/she e executed 'I
the si in his/her~ utho~
'.~~;:,;. ! capacit~' , and that y 'his/her '
~ . ~ NotaY'A.1bIc - CaIIfomIo ' signatur s . -n the instrument the perso@> or
~ ' u;'Siinplego County r the entity, upon behalf of which the perso@
_ _ _ ~~.:.~~:~t acted, executed the instrument.
1
1 1
,
OPTIONAL
Though the information below is not required by law. it may prove valuabl~ to persons refying on the document and could prevent 1
fraudulent removal and reattachment of this form to another document.
Description of Attached Document 1
Title or Type of Document: Lf?!-ki(J-P Trail" rn, Hoj 1
1
Document Date: q- / ,t;-D r;;- Number of Pages: ~ 1
1 'I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
I' o Individual Top of thumb here
o Corporate Officer, - Title(s): 1
1 o Partner - 0 Limited 0 General 1
1 o Attorney,in,Fact 1
1 o Trustee 1
o Guardian or Conservator ,I
o Other' 1
1
I, Signer Is Representing: 1
[, 1
l<: -^-
@ '999 National NotaryAssociatlon' 9350 De Solo Ave., P.O. Box 2402' Chatswvrth, CA 913132402- www.nationalnotary.org Prod. No 5907 Reorder: Call TolI-Frec 1-80U-876-6827
. . 2.1615
EXHIBIT A
AN EASEMENTFORINGRESS AND EGRESS,FOR ROADAND'PIPELlNE PURPOSES OVER A
STRIP OF LAND 30;00 FEET WIDEdN THEWEST HALF OF THE SOUTHEAST QUARTER OF
SECTION 32, TOWNSHIP 13 SOUT;H, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
, ... . .." -..,.- - '." ",",'- .>.... ,
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, THE. NORTHERLY LINE OF SAID 3000 FOOT STRIP BEING
DESCRIBED AS FOLLOWS
BEGINNING AT A POINT IN THE'SOUTHLlNE OF PARCEL 1. OF SAID PARCEL MAP NO 8996
'QES8RIBEDABOVE, THAT IS scSCJTH89~ 42' 57"E.i;\'STALONG'SAID SOUTHERLYl:INE AND
. '. ' '". _L _' ,,>-,' _ . ~C', - .
lIS WESTERLY PROLONGATION, 55700 FEET FROrvi 'rHE WESTERL y' ~INE OF SAIQ
,SOUTHEASTQUARTER; TI;lENCEALQNGTHE SAIDSOUTHERL Y LINE AND ITS WESTERLY
PROLONGATION NOR\liH 89' 42' 57" WEST, 527:00 FEET'T.O THE EASTERLY LINE OF THE
WESTERL Y'30,00 FEET OF THE SOUTf;'JEAST QUARTER OFSAID SECTION 32
AN EASEMENT FOR .INGRESS AND EGRESS FOR .ROAD PURPOSES AND FOR PUBLIC
UTILITIES AND APPURTENANCES THERETO OVER, UNDE'R,ALONG AND ACR0SSTHAT
"' ._, '.'_ <._. .~_ _ . ' -. -f . - . _ -,_
PORTI0N OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OFSECTION 32,
TOWNSHIP13iSOUTH,RANGE 1 vvE:S:r"SAN BERNf,lRDINq'MERIDIAN, IN THE COUNTY OF
SANDIEGO"STATE.OFGALlFORNlA,ACCORDING TO THEOFFICIAL PLA TTHEREOF, LYING
WiTHIN A STRIP OF LAND'3000 FEET IN WIDTH, THE NORTHERLY LINE BEING DESCRIBED
,AS FOLLOWS ". , . ,
- ------ -
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF'sAiE) SECTION 32, THENCE ALONG THE EASTERLY LINE 0F
SAID NORTHWEST QUARTER OF mE SOUTHEAST QUARTER, NORTH 02" 04' 51" EAST,
391.22 FEET TO THE NORTHEt,\STCORNER OF LAND DESCRIBED IN DEED TOVfRG(NIA
.J'," ..~,_._ '"". "'. .
LEE WITT, RECORDED FEBRUARY 16 1960 ASFIL,E NO 31365 OF QFFICIAL RECORDS,
THENCE ALONG THE NORTHERLY BOUNDARY OF SA'ID WITT'S LAND, NORTH'89' 42' 57"
WEST, 418.00 FEET TO THE NO[3'ft;jWEST CORNEROF SAIDWITT'S LAND, BEING ALSO A
. - ,."- , ."
POINT ONTHE NORTH LINE OF, LANDDESCRIBED INpEEQ,TO GEORGE E KOSTER,ET UX,
RECpRDE[) JULY 23, 1957 IN BOOK 6674,RAGE 389.0FiOFFICIAL RECORQS, AND BEING
THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE, THENCECONTINUING
ALONG THE NORTHERLY BOUI\JDARY ()F ~f,lIDK()ST~R;S. L,AND, NORTH 89' 42'57" WEST,
384 5TFEET MORE OR LESS, TOTHEEASTERL YTERMINUS OF THAT CERTAIN EASEME;NT
.., GRANTED TO ARL TON N HATCH ET UX, RECORDED' JULY 25, 1956 IN BOOK 6191, PAGE
397 OFOFFicIAL'RECORDS,BEfNGTHEROINT QF TERMINATION~OF SAID LINE,
THE$'OlJTHERL Y LINE OF SAID'30 00' FOOl: SJRIP IS,TO,BEPR0LONGED OR SHORTENED
SO As TO TERMINATE ,IN THE EAST IN A LINE WHICH BEARS SOUTH 11'27' 12" WEST
. -'" .. .. - "-'..;, ,,.-...-.....-.-..,
FROM SAID TRUE POINT OF BEGINNING, AND IN THE WEST IN THE EASTERLY
PROLONGATION'OF THESOUl'HERLY LINE OF sAiD;HATcl-rS EASEMENT
(p
. . 21616
EXHIBIT B
PARCEL 10F,I?ARCELMAP 8996, IN THE CITY OFPOWAY, COUNTY OF SAN DIEGO, STATE
OF CALlFORNIA,ACCORDINGTOJ"iAP'FiLED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, ON AUGUST 2,1979.
- - - - - --. - ' - - --- - - -- -