Landscape Maintenance Agreement 2004-0111104
.
" .i DOC~! 2004-0111104
RECORDING REQUES, ..:D BY'
, .
CITY OF POWAY FEB 12. 2004 8:49 AM
AND WHEN RECORDED MAIL TO' OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY ~'E{AlRDER
CITY CLERK FEES: 23.00
fD CITY OF POWAY
POBOX 789
P POWAY CA 92074
(y rJ' No transfer tax due (This space for Recorder's Use)
APN 317-49042 NO DOCUMENT TRANSFER TAX NO FEE
LANDSCAPE MAINTENANCE AGREEMENT
Paula Cobb, Trustee of the Paula Mogavero Trust Agreement dated January 25, 1989, as
amended June 1, 1998, (hereinafter "OWNER") and their successors, or assigns hereby
. ,
agree to maintain all landscape and irrigation improvements within the following described
parcel of land (Exhibit B) together with the obligation to reconstruct, replace, and repair
the landscape, irrigation, hardsc'ape, and associated improvements to serve the needs of
these uses without any obligation or cost to the City of Poway whatsoever
The property encompassing this parcel of land is situated in the City of Po way, State of
California, and is more particularly described as follows:
SEE ATTACHED LEGAL DESCRIPTION
(MARKED EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF)
Said parcel of land for maintenance is particularly described as follows:
SEE ATTACHED LEGAL DESCRIPTION AND EXHIBIT PLAT
(MARKED EXHIBITS BAND B1, ATTACHED HERETO AND MADE A PART HEREOF)
OWNER, its heirs, successors and assigns shall not erect or construct or permit to be
erected or constructed any building, structure or improvement on, over, or under any
portion of said parcel of land.
In the event of any damage to improvements owned by the City of Poway ("City") during
the course of the maintenance of above described parcel of land, OWNER, and its heirs,
successors, and assigns agree to notify the City of damage, in writing, and repair all such
damages upon notice from the City, and restore the improvements to their original
condition, at OWNER's sole cost, without any obligation or cost to the City whatsoever A
Right-Of-Way permit shall be obtained from the City prior to starting any work in the City's
right-of~way
Or. 'y0
I I.l ( l!./
012lJ ' cl D
.
..; , e1 el
In the.event of any dispute involving this Agreement, whether or not litigation is
commenced, or if any arbitration'proceeding, administrative proceeding or litigation in law
or in equity, including an action for declaratory relief, is'brought to enforce or interpret the ,
provisions or performance of thi~ Agreement, the prevailing party shall be entitled to an
award of all attorney's fees and the costs of the proceeding, which shall be determined by
the court or the presiding officer'having authority to make this determination,
OWNER expressly warrants and represents that OWNER has the means to maintain this
parcel of land in accordance with its terms,
IN WITNESS WHEREOF, the OWNER has executed this document this Zl~ day of
--S{j\'C'\ \ )6 \'\ t ' 2004
By' Paula Cobb, Trustee of the Paula Mogavero
Trust Agreement dated January 25, 1989, as
amended June 1, 1998
y:J ~&M-
Signature ' -
(Signatures must be notarized. Notary form is attached.)
,
; .1 .
EXHIBIT A LEGAL DESCRIPTION APN 317-490-42
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO ANDIS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE NpRTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 14, DISTANT THEREON 882.00 FEET
NORTHERLY FROM THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER; THENCE NORTH ALONG SAID EAST LINE, 120.00
FEET, THENCE WEST PARAL~EL WITH THE SOUTH LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER, 26000 FEET, MORE OR LESS TO AN
INTERSECTION WITH THE SOUTHEASTERLY LINE OF ROAD SURVEY NO 987 AS
THE RIGHT OF WAY FOR SAID ROAD WAS CONVEYED TO THE COUNTY OF SAN
DIEGO BY DEED RECORDED AUGUST 9, 1950 IN BOOK 3730, PAGE 458 OF
OFFICIAL RECORDS, THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY
LINE, 125.00 FEET, MORE OR LESS, TO THE MOST NORTHERL Y CORNER OF
LAND CONVEYED TO HARRY WASSE AND WIFE BY DEED DATED JUNE 16, 1954
AND RECORDED IN BOOK 5285 PAGE 119 OF OFFICIAL RECORDS, THENCE
SOUTH ALONG A PORTION OF THE EASTERLY BOUNDARY OF SAID WASSES'
LAND, 57.50 FEET, MORE OR LESS, TO AN INTERSECTION WITH A LINE DRAWN
PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 14, THROUGH THE POINT OF BEGINNING,
THENCE EAST ALONG SAID PARALLEL LINE, 334 00 FEET TO THE POINT OF
BEGINNING.
.
; ., .
I ,
EXHIBIT B LEGAL DESCRIPTION APN 317-490-42
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
~..:'-; COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS
ALL THAT PORTION OF THE f'!ORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, .RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCQRDING TO UNITED STATES GOVERNMENT
SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON T!-JE EAST LINE OF SAID NORTHW~ST QUARTER OF
THE SOUTHEAST QUARTERQF SECTION 14, DISTANT THEREON 882.00 FEET
NORTHERLY FROM THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER
OF THE SOUTHEAST QUARTt;R; THENCE NORTH ALONG SAID EAST LINE, 12000
FEET, THENCE WEST PARAL~EL WITH THE SOUTH LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER, 26000 FEET, MORE OR LESS TO AN
INTERSECTION WITH THE SOUTHEASTERLY LINE OF ROAD SURVEY NO 987 AS
THE RIGHT OF WAY FOR SAID ROAD WAS CONVEYED TO THE COUNTY OF SAN
DIEGO BY DEED RECORDED AUGUST 9,1950 IN BOOK 3730, PAGE 458 OF
OFFICIAL RECORDS, SAID INTERSECTION POINT ~EING THE TRUE POINT OF
BEGINNING, THENCE NORTHWESTERLY PERPENDICULAR TO SAID ROAD RIGHT-
OF-WAY LINE, 4 FEET, THENqE SOUTHWESTERL YPARALLEL WITH SAID ROAD
RIGHT-OF-WAY LINE, 88 FEEl: MORE OR LESS, THENCE SOUTHEASTERLY
PERPENDICULAR TO SAID RQAD RIGHT-OF-WAY LINE, 10 FEET, THENCE
NORTHEASTERLY PARALLEL WITH SAID ROAD RIGHT-OF-WAY LINE, 40 FEET,
MORE OR LESS, THENCE NORTHWESTERLY PERPENDICULAR TO SAID ROAD
RIGHT-OF-WAY LINE, 6 FEET/THENCE NORTHEASTERLY ALONG SAID ROAD
RIGHT-OF-WAY LINE, 48 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING.
.
, ., .
I
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
F&::h:-.G<',&,e<-~&l:'=~-<x,e<-,e<-.;;c-w&<'.-<<&'f'.c<'.c<'.c<'-tt<<<<-<X'-e<'.c<'~=iQtl;'<".G<'~~ -~
,I
, I
I State of California } ss
County of S"" \)\0 ~
I on~, before me, \~IU\R... ~C\ct\'{\
"
0,; ~ Name and Tille of Officer (e g.
'I
personally appeared (\
Nallle(s) ofSigner(s) I
I o personally known to me
I
~proved to me on the basis of satisfactory I
evidence I
I,
to be the person( s) whose name(s) ~are
I, subscribed to the withi~trument and '1
, acknowledged to me t~/Sh they executed ,I
I the same in hi /he t eir authorized 'I
, MlCHaLE P AlJUNE HEffiRG()1T capacity(ies), and that by hi~their ,
. commission # 1298219 2 signature(s) on the instrument the person(s), or
I ~ ~. Notary Public - California ~ the entity upon behalf of which the person(s)
I' z Son Diego County ( acted, executed the instrument.
, i _ _ _, _My:(:~~_~23~~
,
,
I' Place Notary Seal Ab:we
I
OPTIONAL
Though the information below ;s not required by faw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document. ,I
I, ,I
Description of Attached Document ,
, Title or Type of Document: I
, "
Document Date: Number of Pages:
I
" I
, Signer(s) Other Than Named Above: I
, ,
" Capacity(ies).Claimed by Signer I
" Signer's Name:
I o Individual
Top of thumb here
, o Corporate Officer - Title(s):
" o Partner - 0 Limited 0 General
" o Attorney in Fact
I o Trustee
D Guardian or Conservator
"
, o Other'
, Signer Is Representing:
,
,
,:<.; '~~~~<<~~~~a.:;~~~X:X;~'C<,;.'t.X.,'(.;.(,<<'C<.,.~~~~'O',;.-'(;.(;,~'<;;:(:..~v.;,~'<Z"<<-cz: -, '"
Ii;J 1898 Nalioo<ll 'JOlary i\:;soclallO". 9350 De Solo Ave_. P.O. Box 24U<' CIl"lswOltll, CA 91313-2402 Wwwl1atlunaln(}lary_org PllJd Nu 5907 Reordel: C,dIT(}I1Flt~ 1 800 87l) 6827
I
."
.c:X/7/.8/ r ';at' .
A'p/V"'/Z.~~
,ktNDSC;9-P& """"/HTeNA/VC.tr A-MEGAlewr- /?!It/bA QS.8
POWI}Y~O/?D
G.
~5'r. SI&FWtfW<. Ell
-
...
~ ,
. . . . ~
. ~$77NG- .PA~J<lII/c;.. /...or
~~~'i -.
/NJ:>/ClJre:; /9,ee)ll or=-
.PI,4 /1V72TN/W (;1:
,
Ii I \0
PR,OPel2.:ry ~/Nt: 'f'
. \ .
~.
o/w S7"l2eE7" I? / (;/17;.01: W/I Y "V
&
t../Ne-
EXISTING BUILDING
(;Z75~ PcJW/1 Y R D)