Private Streets Maintenance Agreement 2007-0683298
,- D(X: # 2007-0683298
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RECORDING'REQUESTED BY OCT 26 2007 9'46 AM
CITY OF POWAY t.. IJFFICI..:.l.l_ F:ECOF:[I'_,
AND WHEN RECORDED MAIL TO' -,r,r! [1:EI~1CI ClJur:T', F:EI-OR[IEF:":, OFFICE
1~-iHEhCIF:'i .1 A:lITH I ,IJUNT'I F:EI III-;LIFr:
FEE'- ll.lYI
CITY CLERK PAGES: 7
CITY OF POWAY l
P O.BOX 789 1 illlll 11111 11111 IIII! !IIII 11111 11111 111111111111111 11111 1 11III11111111111111111
POWAY, CA 92074
(THIS SPACE FOR RECORDER'S USE)
PRIVATE STREETS MAINTENANCE AGREEMENT
No Documentary Transfer Tax Due
THIS PRIVATESTRE~ MAINTENANCE AGREEMENT ("Agreement") dated for reference
purposes~s'of the?! dayof ocroP,~ ,2007; IS entered Into between Philip A. Factor
and Laurel A. Factor, hereinafter referred to as "OWNERS", and the CITY OF POWA Y, a municipal
corporation, hereinafter referred to,as"CITY"
WHEREAS, thisAgreement is,required as a condition of approval by the CITY of a building permit
pursuant to Section 17,52.040 of tbe Municipal Code 'and Ordinance 303 and 304 relative to
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construction to a single family residence at 1.7079 Iron Mountain Drive, and
VVI'lE~EAS, Owners wish to provide for the maintenance and repair of those cerlainPRIVATE
STREEt'Saescribed;and.stlown onE5<tlibfi Nattached hereto and'madea parfhereo(n'ereimifter- -
referred to as the "PRIVATE STREETS"; and
WHEREAS, Owner is the owner'of certain real property with a. single family house at 17079 Iron
Mountain Road that will use and enjoy the benefit of such PRIV A TE,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 oUhe,parties hereto that thePRIVATESTREETS be maintained
and repaired in a safe and usable condition; and
WHEREAS, it is the mutual intention' of the parties that this Agreement constitute a covenant
running with the Property, binding upon each successive owner of the Property
NOW, THSRE;FORE, 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 benefitof 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 and, by all other owners, heirs, assigns and
successorsir:1 interest who may be obligated under similar Private Street Maintenance
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Agreements with the City of Poway relevant to this section of private roadway
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3. The r~pairs and maintenance to be performed under this Agreement by or on behalf of the
OWNERS shall be limited to the following: reas9nable 'C!nd normal road improvement
mai~ntenance,work to adequately maintain the PRIVATE,STREETS and any related drainage
facilities'bpermit normal access, ingress and egress to and from the Property Repairs and
maintenance under this Agreement shall 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 PRIVATE
STREETS for normal access, ingress and egress purposes.
4 The obligation of the OWNERS as outlined herein,shall commencewith the,issuance'ofa
building permit by the CITY for construction to a single family house at 17079 Iron Mountain
Drive.
5. In the eventthe OWNERS retain a contractor to perform any maintenance and obligation
with respect to the PRIVATE STREETS, the OWNERS shall require such contractor to
maintain liability insurance to cover any liability arising as a result ohts activities with regard
to such maintenance activities.
6. OWNERS shall defend and indemnify and hold harniless CITY, CITY's engineer and their
,consultants and each of their officials, directors, officers, agents and employees from and
against all liability, claims, damages, losses, ,expenses, personal injury and other costs,
including costs of defense and attorney's fees, incLJrred by or payable to any other use ofthe
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 'contract 'documents or CITY's approval~ of-the~plails~"'ana - ~ < -
specifications for or inspection of the work regarding the PRIVATE STREETS is intended to
include a review, inspection, 9racknowledgment of a responsibility for any such matter, and
CITY, CITY's engineer, and their consultants, and each of their officials, directors, officers,
employees and agents, shall have absolutely no responsibility or liability therefor
7 If in the CITY's sole judgment the PRIVATE STREETS are not being maintained to
standards set forth il'1 parC!graph 3 of this Agreement, the CITY may thereupon provide
written notice to the OWNERS.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 notice the OWNERS agree that the CITY may make all needed
repairs to the PRIVATE STRE:_ETS to meet the standards set forth in paragraph 3 and to
then assess the coststhereofio the OWNERS The OWNERS shall reimburse the CITY for
all reasonable costs incurred by the CITY in connection wiih such maintenance activities. If
the OWNERS do ngt S9 reimburse the CITY within thirty (30)'days after'CITY's demand,
then ciTY may pursue all of its remedies' at law or inequity
8. If the CITY elects to make necessary repairs in accordance with paragraph 7 above, said
work shall be without warranty Said repair shall be accepted "as is" by the OWNERS and
the 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 OWNERS.
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11 It is the purpose of the signatory tiereto that this instrumenLbe recorded to the end and
intenUhat the'obligations hereby created shall be and c:;ons,titute a covenant running with the
land and any subsequent purchaser of all or any portion of the Property, by acceptance of
delivery of a deed and/or conl(eyance, regardless of form, shall be deemed to have
consented to and become bound by this Agreement.
12. Ttiis 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
IN Vlii'rNEss WHEREOF, the par executed this Agreement on the dates set forth
hereinafter
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For OWNERS' Date: 114 r
~~6~ Date: /O/<r/o7
aurel A. Factor
For CITY OF POWAY' ~ 1~/t.t!oJ_~_ _ .
~~~ Date: -- ...
<-------t'IT! EfoJ,C11NfzE./Z FRANK CASTELENETO
Approved as to form: (3Lw~~ Date: JO -n-Oi
LISA FOSTER C 1'1""'1 .~
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, California All-Puxpose Acknowledgment
State of California }ss
County of San Dieqo
On, ~/), r?( hJb~'l 3..0<,7- before me, 'J'"k, 15:Y~r.l')of'\1 MJ,fM> pJ,J.Jk c,;.,kj. -5~"o(~
personally appeared 2 a IlNlr An",;. Fe, r t;,.., c._,,\-.pA" VA'f.--.JJk'vl }~C~u.JL
0 personally known:to me
1f' proved to me on the basis of satisfactory evidence
to be the persO~hose name@is/~subscribea
to the within inst 'ment and acknowled ed to me that
he/she~ex~cuted the same in his/herd~eiJ)autho,
rized c~acitY@and that by ~s/he@r
5 K BROWNELL signature s 'on'the instrument the, person or, the en-
COMM. "'523B9B , ! tity upon __ ehalf'of which thepersonts}lact d, e'xecuted
I<CTAm PUIlUC.o\UFOIlNlA the instrUment.
SAN DIEGO~ .....
Comm. HowetnberJ.2OGB
WITNESSmy hand and official seal.
5, \0. J$fiJl</V1 pM
Signature of Notary _--.,l ~.. -
Other Information
This infor~nation is not reqllhed by state law, blll is helpful in picvcnting fraud.
Type of Ackowlcdgment:
o Individual
o Corporate
'!B Partnership
o Attomey-in-fact
o Other'
Document Identification:
Narne/Type, v~~'v,,:70 ,J Jl1C;I"J"'Y,4~qi A'Y:'.per.4
Date: s-J1-, "I )-0 },"'<1 ~1"1 # of Pages: '~ .l?1itl e-;,
Other Info' v '
Joumal Entry #.
Signer Information ph'llp JJ;c1 f2...-
Name: 2CIl< A pj 1'1\"'0 w::.r fa l"\ '-'_ J jj~
Capacity (if corporate): I ,
.@2U05 Golden State NOlary www.GoldenSta,eNatary.com (888) 263-1977
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On f):.-rOl5t7\ / rR Zool before me, Phyllis Shinn, Notary Public
- C/7Sfft t.~eDfOffjC8rie.9.' Jane Doe, Notary Public")
Date rMfi/1<
personally appeared
Name(s) ofSiglier{s)
~rSOnaIIY,knOWn to me - OR - 0 proved to me on the basis of satisfactory evidence to be .the person~
whose name()() is/~,subscribed to the,within, instrument
and acknowledged to me that he/~/~ executed the
same in his/~t~iauthorized capacity~, and that by
PHYLUS SHINN his/~/t~rsignature()lt on the instrument the person~,
~ CommIsSion # 1450304 or the entity upon behalf of which the personOO acted,
i ..' Notary PublIc - California executed the instrurnent.
Z '. San DIego County -
jMvcomm. ExJnsNoV9:2OO71 WITNESS my hand and official seal.
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Though the information below is not required'by/aw, it may prove valuabfeto persons relying on the document and could prevent
fraudulent removal and {eattachm~nt of.this form to another document.
Description of Attached Document
Title or Type of Document: -iiI VA-rt: ~ar--5 (j)q/,VffAli!/f/<::::C /l {/ 6&111 C~
Document Date: OC17) Aa<... iJ, Z007 Number of Pages: 0
Signer(s) Other Than Named Above: /l.; ILl ~ /J. tA-?rM2, !~ n //- ;:;'C/ZI "e .
Capacity(ies) Claimed by Signer(s) . L (5/'} rO$nr:<. /
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Pwtner -E1 Limited b General o Partner - 0 Limited 0 General
o Attorney-in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator .
o Other' Top of thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National Notary Association. 8236 Remmet Ave., P.O. Box.7184 . CanOga Park. CA 91309.7184 Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827
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EXHIBIT A
PARCEL "B'"
AN EASEMENT FOR ROAD AND'UTILlTY PURPOSES OVER, UNDER, ALONG AND ACROSS
THOSE PORTIONS OF PARCELS 1, 2, AND 3 OF PARCEL MAP NO 3633, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 20, 1975, BEING A
PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PORTION
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,
TOWNSHIP1kSOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALlFORNIA,-!\CCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, DELINEATED AND SHOWN AS "PROPOSED 60,00 FOOT
PRIVATE ROAD EASEMENT"
PARCEL "C"
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS
THE NORTHERLY 30.00 FEET OF PARCEL 1, THE NORTHERLY 30.00 FEET AND THE
EASTEgL)'i30 00 FEET OF PARCEL2 OF PARCEL MAP NO 3633, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SANDlEGO COUNTY, MARCH 20,1975, BEING A PORTION OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PORTiON OF THE
SOUTHEAST QUARTER OFTHE,SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 14
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE ANDMERIDIAN, IN THE COUNTY OF SAN
DIEqO, STATE OF CALIFORNIA, Ae'CORDING TO UNITED STATES GOVERNMENT SURVEY
THEREOF CREATED BY INSTRUMENT RECORDED DECEMBER 10, 1974AS FILE/PAGE NO
-- 74-320643 OF OFFICIAL RECORDS - --
PARCEL "D'"
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A
STRIP OF LAND 30.00 FEET IN WIDTH IN THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER AND THE SOUTHWESJ QUARTER OF THE SOUTHEAST QUARTER OF SECTION
11, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO !:lASE AND MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, THE WESTERLY LINE OF SAID STRIP BEING THE
WESTERLY LINE OF THE EASTERLY 11 00 FEET OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER.
EXCEPTING THEREFROM THE SOUTHERLY 29713 FEET
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EXHIBIT B
PARCEL 2 OF PARCEL MAP NO 4801, FILED IN THE OFFlC;E OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, JUNE 10, 1976. SAID PARCEL MAP COVERING PARCEL 4, OF
PARCEL MAP NO 3633, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER AND A PORTION OF THE SOUTHEAST QUARTER OF SOUTHWEST
QUARTER OF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF
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