Private Streets Maintenance Agreement 2004-0091583
'j', . DOC .. 2004-0091583
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RECORDINGREQU'ESTED BY FEB 05. 2004 8:1..3 Ai"l
CITY OF POWAY , ,OFFICIAL RECORDS
AND WH:ENRH:b~RDEb,MAIL TO' SAN DIEGO COUIfrV RECORDER'S OFFICE
GREGORV J.SMITH, COUNTY RECORDER
CITYCLJO~ FEES: - 23.00
,r CITY OF POW A Y 5 {t21
p,o BPX 789, ( I iiiiii iiill 11111 111111111 Ilill/lliil liiillilllllllliiiil Iii il'llillii,' I
POW A Y..CA 92074
NO TRANSFER TAX DUE 11~!!I:" JH! !!H!,2QQ4lQ09158311 I!II;' '1,;:1 '''ii' " ,"I
I" (THIS sPACE FOR RECORpER'S:USb) "
APN 317-520-42
PRIV ATKSTRE'ETS MAINTENANeE' AGREEMENT
THISPRIV ATE STREETS MAINTENANCE AGREEMENT ("Agr,-e~ent") dated for reference purposes as
ofthe ,'2 J,J-:day of :r t>,..N. .,:2004, is entered into between Dattai'amand Gloria 0 Walavalkar
hereinafter referred to as "Qwners", and'the Gity of Po way, a municipal corporation,hereinafterreferredto as
HCitY'
WHEREAS,. this Agreement is.required as a condition of approvaLby City ofa building permit pu.rs'!antito
Section j)-S2.040 of the Municipal' <-;;ode and Ordinance 303 and,304.relative to construction ofadaycare
facility at 13242 Pomerado Road; and
WHEREAS, Ownerswishto provide for the~miiintenance and repair of those certain Private Streets described
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and'shbWh on'Exhlbit A attached herei~ and made a part hereof. hereinafterr~feITed to asthe "Private Streets";
and
WHEREAS, Owners, are the ownersbfcertain real property being c1ev,elopedasadaycare facility at 13242
PomeTado Road that ):"iJluseandenJoy the benefit of such Private Stieets.. A comPlete legal description of said
real property is,included in Exhibit B,attached hereto and made apart'hereof: Said real property is'hereinafter
referred)o as.,the "Property";'and
WHI;'RE'A:S,itjs t\1e}11Utual desireoftheparties hereto that the Private Streets be maintained and repaired iri,a
sakaJld usable.condition; and
WHEREAS,jt is the mUtuaJ'intention,ofthe parties that,this Agreementconstitute a covenantrunningwiththe
Property"binding upon'each,successive own'er,(ofthe Property
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NOW, THEREFORE: IT IS HEREBY AGREEI5,A:SF<,i~LOWS,
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I The propeIiybenefitedby .this Agreementis the Property The present and'successive owners of all or
ariy portion ciftheProperty,are.expressly bound hereby for the benetitiQf-the Property
2. The cost ofmairitilinirig the Private,streets shalllieborne'bYo'Wners or his.or her heirs; assigns;'~ndl
successors ihinterest..', Notwith,standing the foregoing, Owners may seek contributions orrec'ol1)pense
lrom and by,all cither((jwners, heifs"assigns ahd succes~brs:in ihterest who may be, obligated under
sirriilill' Private StreeiMaintel1anc,e Agreements with.Cityrelevanfto this section of private roadway
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3 Therq:iairs arid'mairitenance,to be performed under this Agreement by or oh,behalf of Owner;; shall:be i
limited to,the'(ollowing:,reasonable and normal road'improvemerit maintenance work to adequately
maintain the Private Streets and ariy related drainagefacilitiesto.permit normal access, ingress'and
egress to and from the Pr9perty Repairs a~d mairiteri~n~~ ~rigerthis Agreement shall include, but are
not limited to,; filling of chuckholes, repairing,cracks;, repairing and resurfacing offoadbeds,repairing
and n1aintaining drainage structures; removing debris, mairilfiining signs; markers, striping and
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lighting, if:any, and;'sllch other work as is reasonablynecessalyor proper to repair and'preserve the
Private Streets for nOffi1ahaccess, ingress and egress pllfposes.
4 The obligation of Owners as outlined hereiri shall commerice wiihthe issuance of a building permit by
City to construct a daycare,fac,ihty.at 13242 Pomerado Road.
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5 In the,evetit Ownersretain a contractor to perfoffi1 any maintenance and obligatiotiwith respect ,to the
Private Streets, Owners, shall require such contractor to maintain liability insurance to cover any
liability arising as a result of its'activities with. regard to such'maintenance activities.
6, Owners shall defen4'and (ndempifYand hold harmless City, City's etigineer and: their consultants and
each of their officials, direCtors, officers, agents and e!llploy,esfromandagainst all liability, claims,
damages, losses, e~p_"-lls,~, personal inj,\lry and,pther costs, ii1cllldingcosts of defense and attorney's
fees, incurredbyorj'Jayableto ariy other use ofthe Private:Street~,or to any other third parties arising
out of or in any wayreJ'ltel!.to,the use; repair or maintenance:ofthePrivate,Streets, Nothing in this
Agreement, the specifications, or other contract documents gr City's approval of the plans and
specifications for or inspection of the work regarding the Private Streets is intended to include a
review, inspection, or acknowledgment of a responsibility'for any such matter, and G:ity, City's
engineer; and,their consultants, an"leach of their officials, directors, officers, einployees and'agents"
shall have absolutely noresponsibilit.Yor liability therefor
7. If in City's sole jlidgment the Private Streets are not being maintained to standards' set forth in
paragraph 3 of this Agreell1ellt, City may thereupon provide-Written notice to the'Owriers to initi~te
repairs or construction withiri ninety (90) days. Upon Jajlure to demonstrate good faith to make
repairs or construction within'niriety (90) days oheceipfof:silch'notice, OWners agree thai Citymay
make all needed repairstothe Private Streets to meet tl1esiandardsset forth in paragraph 3'and to then
assess the costs.thereoftothe Owners. Owners shall,n-;iniburse,G:ity for all reasonable c,osts,;ncurred
by City,in,connectiori with,suc'h'maintenance activities, If;0wners do not so reimburse, City within
thirty (30) days after City's demand, then Cit.Y may jmrsue all of its remedies at law or inequity
8. If City elecis.'to n)8ke necessary:repairs in ac26rdance with,paragrajJh 7 above, said work shall be
without warraIity Said repair shall be accepted "asis"by Owners and the without any-warranty of
workmanship.
9 The foregoing covenants shall run wit\1 ihe lanq anfl shall be deemed'to be for theberiefit of the land
of each and every person who shalLat'any time own,all or:any-portion ofthe Property referred to
'herein.
10 It is' understood anciagreed that the covenants herein cotitaiiled shall be bindmg on the heirs,
executors, administrators, successors arid assigns:ofthe'Owners.
1l It is the purpose ofthesignatory:hereto Jl-iat tIlisinstfllm~Ilt be recorded to the end and intent that the
obligations hereby cn,ated shall be and constitute a'coveriantriirining with the land andanysubsequent
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purchaser of all oraiiy.'portion"ofthe Property,byaccejJtanfe of delivery ofa deedandlor conveyance;
regardless of form" shall' be deemed to have consented to and become bound.by this Agreement
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12. This Agreement shall be,goverhedJ>y the laws of the State of California. In the event that any bfthe
provisions'of this Agreement are held to be unenforceable or invalid by any court'of competent
jurisdiction, the,validityjlnd enforceability of the remaining provisions shall not bdtffected thereby
IN WITNESS WHEREOF, the patties have executed this 'Agreement on'the dates ,set forth hereinafter
ForOwNERS.<.~~ A.. vJ dew ,JIL.o;y Date: \ - '21 - 0 If.
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~~.~') ~cW~~kn. Date: \-~\- O<t-
For CITY OF POW AY
Date: /-~f--t:>-1-
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C~LIFORNIAA.LL",PURPOSE ACKNOWLEDGMENT
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" State of California }
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: County of \)1f8 0
On :hf"l ~1..!lct)L, before me. 3he.l2R.ie. ~, WO . .bIie.
, pe , D": Nom"od;:\ofOffi",leg.J WeQt\4.~~ 1LQ(
, fa 0., Name(s)of$rgner(s)
, . " , r~J:~~6: D personally known to me,
/~.l,', . ,L, 'i!!-.lDlllgo~."" ~. Kproved to me on the basis of satisfactory ~.
./ ~'" ,_,CliiIiiiI.....Jun30. eVidence ~
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to be the persof'@ whose namE@ is/G;> ,
: ' ,D"WOIlREU subscribed to the within instrument and
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I' --,~-~ S the same in ~r/I.U!W' authonzed ,
_....lllego~ - capacit~, and that by his+he1'ic:Q;>,
'0" 'w.,ClIRIm.Eipll8iJl.l\30. signature(S) on the instrument the perso~, or
the entity upon beh'alf of which the person~]
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acted, executed the instrument.
WITNESS my hand and'official seal.
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I, Place Notary Seal AboVl; Signature of Notary PubliC
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OPTIONAL
Though the information below is not required by law, it may prove valuabfe,to persons relying on the document
and could preventffaudulent removal and reattachment of this form 10 another document.
Description of Attache'ftocument
Title or Type of Document: lV'i*e S~et- mQI~ P. ~ In \-
Document Date: l - 2\ .0 q Number of Pages: 3
,
I. Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual Tr,p:I lhumbllere.
D Corporate Officer;- Title(s):
D Partner~.D limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
,
: D Other ::J':
1 Signer Is Representing: >
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@ 1999 National Notary ASSOCIation' 9350 0<0 Solo Ave.. PO. Box 2402 . Chatsworth. CA 91313-2402. www.nationalnotaryorgProd.No. 5907 Reorder: Call Toli Free 1 800-676.6827
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.EXHIBIT "A"
THE PORTION OF RIMBACH ROAD BETWEEN POMERA[)0 ROAD AND THE WESTERLY
BOUNDARY OF THE LAND GRANTED TO DATTA RAM t;., WALAVALKAR AND GLORIA 0
WALAVALKAR BY DEED RECORDED IN THE OFFICE QF THE COUNTY RECORDER OF
SAN ,DIEGO COUNTY, STATE OF CALIFORNIA, MARCH 19. 1999 AS DOCUMENT NO 1999-
0177039 OF OFFICIAL RECORDS,
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EXHIBIT "B"
LEGAL DESCRIPTION
ALL THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST 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. ~CCORDINGTO THE OFFICIAL PLAT THEREOF. BEING PARCELS 1,2,3 AND
4 OF GRANT DEED RECORDED MARCH 19, 1999 AS FILE NO 1999-0177039 OF OFFICIAL
RECORDS, DESCRIBED'AS FOLLOWS
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BEGINNING AT THE N()RTHEAST CORNER OF LAND CONVEYED TO POMERADO UNION
SCHOOL DISTRICT BY Di::ED pATED MAY 1. 1924, AND RECORDED IN BOOK 751. PAGE
381 OF DEEDS, SAID CORNE~ E3,EIi'JG A POINT ON THE EAST LINE OF THE NORTH HALF
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14,
DISTANT THEREON NORTH 0~23'43" EAST 310.00 FEET FROM THE SOUTHEAST CORNER
OF SAID NORTH HALF, THENCE FROM SAID POINT OF BEGINNING, WESTERLY ALONG
THE,NORTHERLY L1NEOF SAID SCHOOL DISTRICT LAND, NORTH 88'41'24" WEST 35.00
FEETTO'THE WESTEF3L Y L1t'JE OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN
DIEGO RECORDED NOVE:MBE~ 16, 1981 AS FILE NO 360723 OFFICIAL RECORDS AND
BEING THE, TRUE POINT OF BEGINNING; THENGE CONTINUING ALONG SAID
NORTHERLY LINE OF SAID SCf'jOOL DISTRICT L~ND AND ALONG THE WESTERLY
PROLONGATION OF SAID NORTHERL Y ~INE. NORTH 88'41'24" WEST 554,98 FEET TO A
POINT THAT BEARS NORTH 88'41'24" WEST ALONG SAID NORTHERLY LINE AND THE
WESTERLY EXTENSION THEREOF 589:98 FEET (RECORD 590,00 FEET PER SAID DEED
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RECORDED MARCH 19, 1999 AS FILENO 1999'0.177039)'. THENCE PARALLEL WITH THE
EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE .SOUTHWEST QUARTER,
NORTH 0'23'43" EAST 175,00 FEET TO A POINT HEREIN,AFTER REFERRED TO AS POINT
"A"; THENCE RETRACING, SOUTH 0'23'43" WEST 175 00 FEETAND SOUTH 88'41'24" EAST
190,03 FEET TO A LINE PARALLEL WITH AND 190.00 FEET EASTERLY OF THE
HEREINABOVE DESCRIBED PARALLEL LINE. THENd:: LEAVING SAID WESTERLY
PROLONGATION OF SAID NORTHERLY LINE ALONG LAST SAID PARALLEL LINE. NORTH
O'23'4~" EAST 174 56 FEET TO ALlNE THAT IS PARALLEL WITH THE NORTHERLY LINE OF
SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND BEARS SOUTH
88'33'26" EAST FROM ABg!VE MENTIONED POINT "A" SAID LINE BEING THE NORTHERLY
LINE OF LAND CONVEYED TO LORRAINE A. YOUNG BY DEED DATED FEBRUARY 13,1957
AND .RECORDED IN BOOK 64$8: PflGE 263 OF OFEICIALRECORDS: THENCE EASTERLY
ALONG SAID PARALLEL LINE AND SAID NORTHERLY L1NE:OF'SAID YOUNG LAND, SOUTH
88'33'26" EAST 16403 FEET TOA LINE PARALLEL WITH AND 35400 FEET EASTERLY OF
THE EASTERLY LINE OF LAND CONVEYED TO BEVERlY WARD .RIMBACH BY DEED
DATED AUGUS:r 13, 1957 AND RECORDED IN BOOK 6825, PAGE 254 OF OFFICIAL
RECORDS; THENCE LEAVING SAID NORTHERLY LINE OF SAID YOUNG LAND,
NORTHERLY ALONG SAID PARALLEL LINE NORTH 0023'43" EAST 186,92 FEET TO SAID
NORTHERLY LINE OF THE NORTHWEST QUARTER QF 'THE SOUTHWEST QUARTER;
THENCE ALONG SAID NORTHERLY L1NE,SOUTH 88033'26" EAST 200.93 FEET TO SAID
WESTERLY LINE OF SAID COUNTY LAND; THENCE ALONG SAID WESTERLY LINE.
SOUTH 0'23'43" WEST 360.63 FEET TO THE TRUE POINTOF~BEGINNING
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