Private Streets Maintenance Agreement 2004-0451058
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':;i ~DOC 2004-0451058
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RECORDING REQUESTED BY ;,'MAY ::t..8. 2004 9:29 AM
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CITY OF POWAY OFFICIAL RECORDS
AND WHE,N RECORDED MAIL TO' 1G629 k 'SAN DIEGlllllOOV RECORDER'S OFFICE
GREGORY J~ SIIITH,COlJNTV RECORDER
qTY CLERK FEES: 23.00
CITY OF POW A Y
POBOX 789 mmmml\~~!~\l~'Jllli'\\~li~~,\f
~ POW A Y, CA 92074
NO TRANSFER TAX DUE
(TH:! ;1!!lU!l~ !I!\llt~l\W\~~~8jtl'ibJ:$ OSE)
,;}J APNs' 321-230-f17 thru 90
PRIVATE STREETS MAINTENANCE AGREEMENT
THISPRN;;');TE STREETS MAINTENANCE AGREEMENT ("Agreement") dated for referencepurpeses as
ef the 9 day ef fY) 11 'f " ' 2004, is entered into. between Deer Canyen Develepment, Inc.,
hereinafter referred to. as "Owners", and the City efPeway, a muniCipal cerperatien, hereinafter referred toas
"City"
WHEREAS, this Agreement is required as a cenditien of approval by City of a building permit pursuant to.
Sectien 17.52,040 of the Municipal Code and Ordinance 303 ahd 304 relative to constructiono(four single
family houses at Redhawk Lane; and
WHEREAS, Owners .wish to provide for the maintenance and repair of those certain Private Streets descnbed
.. . .__ _ , _ _ '.;r.....~,. .
and shoi.vn'6n'ExhibitsAandB,attachecthereto aridr'nade a part hereof, hereinafter referred to. as the ';Private
Streets'" and
, "
'WHEREAS, Owners are the owners,ofcertain real property being developed as four single family houses at
Redhawk Lane that will usea~d enjoy the benefit of such Private Streets, Acomplete legal description of said
real property is as follows' and made a'part hereof:
Parcels 1,2,3; and4 efparcel Map No. 11091, in the City of Pow a)', County of San Diego, State,of
California, filed in the officeefthe Ceunty Recorder of San I;liego County, March 12, 1981 as FileNo,
81,076126 of official records.
Said real property is hereinafter referred'to as the "Property"; and
Wl{ER~AS, it is the mutual desire of the parties hereto that the Private Streets be maintained and repaired in a
'safe and usable condition; and
WHEREAS, it is the mutual intention ofthe parties that this Agreement constitute a covenant running .with the
Property, binding upen each successive ewner ef the Property
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS
I The property benefited byothis Agreement is the Property The present and successive ewners ef all er
any portion efthe Property are expresslybeundhereby fer the benefit efthe Property
2, The cast ef maintaining the Private Streets shall be beme:by Owners er his or. her heirs,assigns, and
, . . ..
successers in interest. Netwithstandingthe foregeing, ,Owners may seek centributiens er recempense
frem and by all other owners, heirs, assigns'and successorslin.interest who. may be ebligated under
similar Private Street Maintenance Agreements'withCityorelevant to. this section efprivate readway
0Li-0107
O::rID- L( 0
. . 10630
3 The repairs and maintenance to be performed under this Agreement by or on behalf of Owners shall be
limited'to the-f()llowing: reasonable and normal road improvement maintenance work to adequately
maintain the , Pri'vate Streets and any related drainage fac{liti~to'pehnit normal access, ingress and
egress to and ,trom the Property Repairs and maintenance under.thisAgreement shall include, but are
not limited to,filling of chuckholes, repairing cracks,repairirig'aild 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 Owners as outlined herein shall commence with the issuance of a building permit by
City to'c6iistruct four singie family houses at Redhawk Lane,
5 Irithe event Owners retain a'contractor to perform any maintenance and obligation with respect to the
Private Streets, Owners shall require such contractor to maintain liability insurance to cover any
liability arising as a result o(its'activities with regard to such maintenance activities.
6. Owners shall defend and indemnifY and hold harmless City, City's engineer and their consultants,!ll1cl
each of their officials, directors"officers, agents and emPloyees from arid against all liability, claims,
damages, losses, expenses, personal injury and other costs, including costs of defense and attomey~s
fees, incurred by or payable to any6theruse 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 specificatlOns, or other contract documents or"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 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
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7 If in City's sole judgment the Private Streets are not being maintained to standards set forth in
paragraph 3 of this Agreement; City may thereupon provide ,written notice to the Owners to initiate
repairs or constmction within,ninety (90) days. Upon failure to demonstrate good faith to make
repairs or construction-within ninety(90) days of receipt oJ such notice, Ownersagre~, that City may
make all needed repairs to the'Private Streets to meet the stimdilfds setforth.in paragtapn 3'and to then
assess the costs thereof to the Owners. Gwners shall reimbllrse City for all reasonable costs incurred
by City in connection with such maintenance activities. If OWners do not so reimburse City within
thirty (30) days after City's demand, then City may pursue all of its remedies at law or in equity,
,8: If City elects to make necessary'rep~irs in accordance with paragraph 7 above, said work shall bc
without warranty Said repair shall be accepted "as is" 'by OWners and the without any warranty of
workmanship,
9 TJ1eforeg6ingco'verlantSshall run,with the land andshall'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.
11 It is the purpose of the signatory, hereto that this instrument be recorded to the end and intent that the
obligations hereby created shall be and constitute a covenant mnning with the land and any subsequent
purchaser of all or anyportlonofthe Property, by acceptance of delivery ofa deed and/or conveyance,
regardless of form, shall be deemed to have consented,toandbecome bound by this Agreement.
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· ,. 10631
12. This Agreement shall be governed by the laws ofthe 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
13 The costs for maintenance of the Private Streets shall be shared as. follows:
Parcell ofparcel Map No, 11091 - one quarter (1/4)
ParceJ:2 ofparcel Map No, 11091 ~ one quarter (1/4)
Parcei 3 of Parcel Map No, 11091 - one quarter(1/4)
Parcel 4 of Parcel Map No' 11 091 - one quarter (1/4)
'fN'WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter
For OWNERS. Oet'1 ~.v j),fJPlcP/h",..},.l>V0 Date: S-)-d'j
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JYl,;'/'ca_L P'-c 1O,-e-s"PI'A Date:
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For CITY OF POW A Y .
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Date: 5-7.....0 +
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'CALIFORNIA ALL.PURPOSEACKNOWLEDGMENT -.
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~ Description of 'Attached Document ~
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~ Title or Type 01 DocumenL .r'\()cu.m~gI]70l~~' , ,?
:cC>..,. Documenl Date. ~ ) ,.Qp S' ",. umber of Pages 5' ~
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DESCRIPTION OF PRIVATE 10633
ROAD EASEMENT
EA 03-05
EXHIBIT A
AN EASEMENT FOR PRrV A TE ROAD, fNGRESS AND EGRESS AND PUBLIC
UTILITIES, OVER. UNDER, ACROSS AND ALONG THE PORTION OF PARCELS
I THRU 4 OF PARCEL MAP NO 11091, RECORDED MARCH 12, 1981 AS FILE
NO 81-076126 OF OFFICIAL RECORDS. OF THE COUNTY RECORDER OF SAN.
DIEGO COUNTY, SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, AND ILLUSTRATED AS EXHIBIT B, ATTACHED
HERETO AND MADE A PART OF THIS DOCUMENT
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL I, A POINT
ON THE EASTERLY RIGHT-OF-WAY OF TWIN PEAKS PLACE AS SHOWN ON
SAID PARCEL MAP, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNlNG: THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY
OF PARCELS I THRU 4, SOUTH 88,014'53" EAST, A DISTANCE OF 438.50 FEET,
THENCE LEAVING SAID SOUTHERLY BOUNDARY AND PROCEEDING
NORTH 01025'07" EAST, A DISTANCE OF 3700 FEET, THENCE NORTH
8~034'53" WEST, A DISTANCE OF 36.50 FEET TO THE BEGINNING OF A
TANGENT 24 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THENCE
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
90000'00", AN ARC DISTANCE OF 37 70 FEET, THENCE NORTH 01025'07" EAST,
A DISTANCE OF 26,00 FEET, THENCE NORTH 88034'53" WEST, A DISTANCE
OF 2800 FEET, THENCE SOUTH 01025'07" WEST, A DISTANCE OF 2600 FEET
TO THE BEGINNING OF A TANGENT 24.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERL Y, THENCE ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 3770 FEET, THENCE
NORTH 88034'53" WEST. A DISTANCE OF 326.84 FEET TO A POINT ON THE
EASTERrY RIGI-ITcOF-WAY OFSAlD TWIN PEAKS PLACE, THENCE
SOUTHERLY ALONG SAID RICiHT-OF~WAY SOUTH 00007'42" WEST, A
DISTANCE OF 37 01 FEET TO THE TRUE POINT OF BEGINNING
SAID EASEMENT CONTAfNING 17,887.27 SQUARE FEET
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. EXHIBIT "B"
EA 03-- 05 10634
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> ~SCALE 1''=!00'
POINT or COMMENCEMENT
PM !!Og! @ PRIVATE ROAD AND UTILITY
~
~ EASEMENT, PER PM !f09!
~
q THfN PEAKS PLACE @ DJS TlNG IRREVOCABLE OrFER or
L! A DEOICA TIM FOR ROADWA Y PURPOSES,
TRUE POINT SLOPE RICHTS AND DRAINACE
or BECINNlNC EASEMENTS .GRANTED TO THE COUNTY
37' or SAN DIECO BY DOC NO, 80-400869,
RECOROED !1-26-80, BODI( 1980, o,R,
PCL I ~ AND PRIVATE RDAD ANO UTILiTY
~. ~ .,", ~ EASEMENT, PER PM IID9!
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"i::' "i::' , ~ CURIE TABLE
"i::
PCL 2 ~ -----------------------------
,
~ "" ~ NO, DELTA RADIUS LENGTH
'5 "'. ~ -----------------------------
~-- - R; C\i__,_" -- - "- "-- - --- , - -
1\3 ~ ' C! 90,'00'00," 24 DO' 3770,'
---
... ~
~ LINE TABLE
" PCL J --------------------------
NO, BEARING LENGTH
L5 --------------------------
LI NDO'07'42',[, 370,1'
-- L2 NDI 75 '07''[' 370,0,'
L5 U N88:J4'.5J"W 3650'
L4 ND! 75'07''[' 260,0,'
L4 L5 N88:J4'.53"W 280,0'
CI PCL -I L5 NO/75'07"E 2500'
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LECEND
D EA5EMEiVT e-
ar:a EMiINEERINfj
-" Ilg STATE PlACE
ESCON.DIUl, CA 9&?9
~yb-3 IHJNE (76g) 115-8118
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LS 7155 DATE 0 100 200