Private Streets Maintenance Agreement 2004-0409915
. DOC. 2004-0409915
.. RECORDING REQUESTED BY MAY 06. 2004 9:57 Al"'i
CITY OFPOW A Y 9284 OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER '8 OFFICE
AND WHEN RECORDED MAIL TO' GREGORY J. SMITH, COUNTY RECORDER
FEES: 23.00
CITY CLERK
CITY OF POW A Y ,-
POBOX 789 -I 111111 Illil 11\\\ 11\\1 1I11 11111111\\1111\\111111111111111 111111\\\1111
POW AY, CA 92074
f<6 ," -' 2004"O40991?
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u;f NO TRANSFER TAX DUE (THIS SPACE FOR RECORDER'S USE)
\"~ APN:323-'032-37
PRIVATE STREETS MAINTENANCE AGREEMENT
Tl-IlS PRIV ATE STREETS MAINTENANCEAGREEMENT ("Agreement")dated forreferericepurposes as ,. \
of~:2( dayof /If!'/( It., 2004"is entered into between t'#A;ec.U'5 J~t(~4C..eY'
./91'" t. e" L. ;f:<</3#Kr,' hereinafter referred to as
"Owner", and the City of Po way, a municipal corroration, hereinafter referred to as "City"
WHEREAS, this Agreementis required as a condition of approval by. the City of a building permit pursuant to
Section 17.52,040 ofthe Municipal Code and Ordinance 30Jimd 304 rdative to construction of single family
residences on Parcels 2,3, and 4 of Parcel Map No. 13536, and
WHEREAS, Owner wishes to provideJorthe maintenance'and repair of those certain PRIVATE STREETS
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descnbed-and'shown'ort'Exhibit A-attachedhereto and made'a: part hereof, hereinafter referred to as the
"PRIVATE STREETS"; and
WHEREAS, Owner.is the owner of certain realproperty being developed as single family residences that,will
use and enjoy the benefit of suchl?RIVATESffiEETS, A complete legal description of said real property is
included in ExhibitB attached hereto and 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 that the PRIVATE STREETS be maintained and
repaired in a safe and usable condition; ,and
WHEREAS, it is the mutual intention ofthe paities:that this Agreement constitute a covenant running with 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 Jor the benefit of the Property
2. The cost of maintaining the Private 'Streets shall be borne by the Owner or his or her heirs, assigns,
and successors in interest. Notwithstanding, the foregoing, Owner may seek contributions or
recompense trom and by all other owners, heirs, assigns and successors in interest who may be
obligated under similar Private Street Maintenance Agreements with the City of Po way relevant to this
section of private roadway
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. . 9285
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, The repairs and maintenance to be,performed under this Agreement by or on behalf of the Owner.shall
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be limited to,the following: reasonable and nonnal road improvement maintenance work to adequately
mainiainthe Private Streetsand.any,related drainage facilities to permit 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 oftheOwner as outlined herein shall commence with the issuance of a building permit
by the City to construct single family residences on Parcels 2,3, and 4 of Parcel Map No, 13536.
5 In the event the Owner retains a contractor to perform any maintenance and obligation with respect to
the Private Streets, the Owner shall require such contractor to maintain liability insurance to cover any
liability arising as a result of its activities with regard'!o such maintenance aCtivities.
6. Owner shall defend and indemnify and hold hannless City, City's engineer and their consultants. and,
each ohheir 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
fees, ihcurredby 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 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 consultarits, and'eachoftheir officials, directors, officers, employees and'agents;
shall have 'absolutely no responsibility or liability therefor --
7 If in the City's sole judgn1enhhe Private Streets are not being maintained to standards set forth in
paragraph 3 ofthis Agreement, the City may thereupon provide written notice to the Owner to initiate
repairs or construction within nihety,{90) days. Upon failure to demonstrate good faith to make
repairs or construction within ninety (90) daysofreceiptofsllch notice the Owner agrees that the City
may make all heeded repairs to the Private Streets to meetthrstandards set forth in paragraph3and to
then assess the costs thereoftothe Owner The Owner, shall reimburse the City for all reasonable costs
incurred by the City in connection ",ill1 such maint""ance activities. If the Owner does not so
reimburse the City within thirty (30) days after City's demand, then City may pursue all of its remedies
at law or in equity
8. Ifthe City elects to make necessary repairs in accordance with paragraph 7 above, said work shall be
withOut warranty Said repair snall,be accepted "as is'~ by the 0":,,,er and without any warranty of
workmanship.
9 The foregoing covenants shall run with the land ahd 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 Owner.
11 It is the purpose ofthe signatory hereto that this instrumentbe.recorded,to the end and intent that the
obligations hereby created shall be and constitute a covenant running with the land and any subsequent
purchaser of all or any portion of the Property, by acceptance'ofdelivery of a deed and/or conveyance,
regardless of form,shall be deemed to have consented to ahct,become bound by this Agreement.
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12. This Agreement shall be governed by the laws oftheState ofCalifomia. In the event that any of the
provisions of this Agreement are held to be unenJorceaolel,or invalid by any court of competent
jurisdiction, the validity and enforceability ofthe remaining provisions shall not be affected thereby
13 The'costs for maintenance of the Private Streets shall be shared as follows:
Parcel 2 of Parcel Map No, 13536 - one third (1/3)
Parcel 3 of Parcel Map No. 13536 - one third (1/3)
Parcel 4 of Parcel Map No. 13536 -one third (1/3)
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates. set forth hereinafter
For OWNER. ~~ Date: ~/frV
,
Charles J. Rubac . ~ . y/2~/o '(.
11r;;r J '1 Date:
Gayle . Rubacky
For CITY OF POWA Y
~ 9"_"~ Date: '1/:J8!fj4c
JavidSj;!jjnou
. Approved as to ,fqrm,lSy_ City_Attorney . - -- - -
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Date:' 1-i1-7-ocj
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· · 9287
CALlFOI'INIA ALL.PURPOSE ACKNOWLEDGMENT
State 01 California " }
r, .,-- _ / ..\ -7 ss.
I, County ot ->, -'-)/V .(j/tA-7 D
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On ;f/)fIL !I, 200tj beforeme,AilWilS .j1!?,.0t!. )/or17e-y/WC{~c.....
personally appeare:'C-/!//?fU:; ~ l ?u'3;;;;;"~'o(.;;m'lN2:P"'w~;::)/
Name(s) of Sig~er(s) ,
o personally known to me
I ~rOved to me on the basis of satisfactory
I evidence
to be the person(s) whose name(s) ~are
~ ~ - - - - - - - - - - - F subscribed to the within instrument and
r'@_'cPIM.USSHINNaCknOWledged to methat,~~/they executed
" '.' No:",:~14S0304 the same in ~/~their authorized
~ s::. ' C';:omIa ~ capacity(ies), and that by ~~/~/their
j ~Comm~;e.NOv~200f signature(s) on. the instrument the person(s). or
_ _ _ _ _ _ .:... _ _ _',:" ...,-7 the entity upon behalf of which the person(s)
acted, executed the instrument. )
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WITNES
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OPTIONAL
I' T~OlJgh the jnformation be/ow is not required by law,. it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document _ 'I
Title or Type of Document: -!PI rlA-a ~c?-75" 11191 fi//,3/-'tflM::c MeCT I
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Document Date: / ( r /u1 L ;2// ;::. () (, Number 01 Pages: &
1
I Signer(s) Other Than Named Above: r
I,
: Capacity(ies) Claimed by Signer
1. Signer'sName:
1
[J Individual Top of thumb h!'ire I
r 0 Corporate Officer - Title(s): 1
r < 0 Partner - 0 Limited 0 General I
o Attorney-in-Fact
D~_ 1
o Guardian or Conservator
(, 0 Other'
r Signer Is Representing:
I I
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@ 1999 National Notary ~ssocla\tOn' 9350 De Solo Ave.. P.O. Box 2402 . Chatswmth, CA 91313-2402' www.nationalnotary.orgProd.No 5907 Reorder: Gall Toll Free 1-13OO.87&-{J827
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EXHIBIT A 9288
An easement and right'of way for ingress and egress, road and utility purposes, including but not
liinited.toelectric power, telephone, gas, water, sewer-and cabletelevision lines and appurtenances
thereto, oyer, under, along and across 'that portion delineated and designated as "Proposed Private
Road Easement" on Parcel Map No. 13536, in the City of Poway, County of San Diego, State of
Califomia,filed in the office. ofthe County Recorder of San Diego County, November 1, 1984 as
File No. 84-412902 of OfficialRecords,
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EXHIBIT B
Parcels 2, 3, and 4 of Parcel Map No 13536, m the Cityof Poway, County of San Diego, State of
California, fited in the office of the County Recorder of San Diego County, November I, 1984 as
File No. 84-412902 of Official Records.
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