Private Streets Maintenance Agreement 2004-1067882
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. . DOC # .:~004-1 06788~?
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RECORDING REQUESTED BY ) 111111111 III/II/IIII!! l1li/1111/ Jilll illilll/IIIIIII illllllll1lill 1111
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CITY OF POWAY )
) NOV 10, 2004 10'18 AM
AND WHEN RECORDED MAil TO: )
) uFrIUc".L REU~IF:LI:.
CITY CLERK ) -~.:.:.,N OIEI-,:JI nUtJf'! m:iCiH[IEF;'~1 c:rT1CE
CITY OF POWAY ) 1_,~:E:~iuFrl .1 ....;t,!l1 H Cllur il i REJ,nF:['r:i-;
POBox 789 ) FEE.':. ;:1,(1:1
~ POWAYCA92074 ) P.::..t1E'_., 1
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~ NO TRANSFER TAX DUE 7 2 0 4 )
2004-1067882
\1 APN: 278.240-34
PRIVATE STREETMAINTENANCE AGREEMENT
THIS PRIVATE STREETMAINTENANCE AGREEMENT ("Agreement") dated for reference
purposes as of the..,,(? if. day of /Ycl ,2004, is entered into between Hector
R. Salgado and Lydia A. Salgado, hereinafter referred to as "OWNERS", and the CITY OF
POWAY, a municipal corporation, hereinafter referred to as "CITY"
WHEREAS, this Agreement is required as a condition of approval by the CITY of a Building
Permit pursuant to Section 17 52.040 of the Municipal Code and Ordinances 303 and 304
relative to construction of a single-family residence at 15405 Eastvale Road, and
, WHEREAS, OWNERS wish to provide for the maintenance and repair of the private street
fronting their property at said loqation to the public terminus, said private street known as
Eastvale Road, hereinafter referred to as the "PRIVATE STREET"; and
WHEREAS, OWNERS are the owners of certain real property, described as:
PARCEL 2 OF PARCEL MAP NO 18996, INTHE CITY OF POWAY, COUNTY OF SAN
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DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO, JUNE 14, 2002,
and being developed as a singlecfamily residence that will use and enjoy the benefit of such
PRIVATE STREET Said real property is hereinafter referred to as the "Property"; and
WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREET be
maintained and repaired in a safe and usable condition, and
WHEREAS, it is the mutual intention of the parties thaHhis Agreement constitute a covenant
running with the Property, binding upon each successive owner of the Property
NOW, THEREFORE, 'IT ISI'iEREBY 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 benefit of
the Property
fJ'f. ;do
. ; ~~ . 'IT , 1" ~h PRIVATE STREETh 11 b b. 0 7205
i ... ..'
2. e cOliomalp8lnlng< e .' "s _ae'orne,bythe WNERSo(his or .
her heirs, 'assigns, and successors in interest: Notwithstanding, the foregoing,
'. OWNERS may seek contributions or recompense"fromand by all other owners, heirs,
ass!gnsand successors in interest who may be obligated ur:1der similar 'Private Street
Maintenance Agreements with the City of poway relevant to this section of private
roadway
3 The repairs and maintenar:1ce to.be performed under this Agreement by or on behalf of
the OWNERS shall De limited to the following: reasonable and normal road
improvement maintenance work to adequately maintain the PRIVATE STREET and any
related drainage facilities t() permit normal access,irigress and egress to and from the
Property Repairs and maintenance under !his Agrei:lrri~nt shall include, but are not
limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds,
repairing and maintaining drainage structures, removiqg debris, mainfaining signs,
markers, striping'and lighting"if any! and such other work as is reasonably necessary or
proper to repair and preserve the PRIVATE STREET for normal access, ingress and
egress purposes.
4 Theobliga~ion of,the OWNERS as outlined herein shall commence with the issuance of
a building permilby the CITY to construct a single-family,;dwellingat Eastvale Road and
Canyon Pass.
5 In the event the OWNERS retain a contractor to perform any maihtenance and
obligation with respect to the PRIVATE STREET,the' OWNERS shall require such
contra,ctor tq maintain li~bility. insurance to cover any liability arising as a resultof'its
activities With regard to such maintenance activities.
6 OWNERS shall.defend and indemnify and hold ,_harml~s~ CITY, CITY's Engineer and
their consultants .and each of th$irofficials, 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.:sfees; incurred by or payable to any
other use of the PRIV A TESTREET, or to any other third'parties arising out of or in any
way related to the use, repair ormaintenance'ofthe PRIVATE STREET Nothing in this
Agreement, the specifications, or other contract dp<<uriients or CITY's approval ofthe
plans and specifications,fqr cirihspection of the work regarding the PRIVATE STREET is
intended to include a revieW,.irispection, or acknowledgment of aresponsibility 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,therefore.
7 If in' the CITYssole judgment the PRIVATE STREET. is ,not being maintaioec;l to
standards setforth..in paragraph 3 ofthis Agreement, the'CITY may thereupon provide
written notice to the OWNERS to initiate rep~ms{or!t6nstruction within ninety (90) days.
Upon'failure to derrionstrategoodJaithto make repairs'or construction within ninety (90)
daysofreceiplof such notice the OWNERS agree.that the CITY may make all needed
repairs to the PRIVATE STREET to meet the standards'set forth in paragraph 3 and to
then assess .the 'costs thereof to the OWNERS The OWNERS shall reimburse the
CITY for all reasonable costs incun'ed by the CITY in:connection withsuchmaintenance
activities. If the OWNERS do not so reimburse the CITY within thirty (30) days after
CITY's demand, then CITY may pursue all of its remedies at lawor in equity
; " '. ,. . . 7206
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8. If the CITY elects to make necessary repairs in accordance with paragraph 7 above,
said work sh?JI be Without warranty Said r'epaiE shall be accepted "as is" by the
OWNERS without any warranty of workmanship
9 The foregoing covenants shall run with Jhe li3nd ~n:,d shall Jle deemed to be for the
benefit ofthe land of each and every persorlwho shall at any time own all or any portion
of the Property referred to herein.
10 It i?,Lind,erstoodiandagreed thaUhe'covenants herein contained shall be binding on the
heirs, executors, administrators, successors and assigns of the OWNERS
11 It is the purpose of the,sigr:1atoJY hereto that this iristrumentbe recorded to the end and
intent that the obligatiqns flereby'created shall be.and constituteacovenantrunning with
,the land and any subsequent purchaser of all or any portion of the Property, by
acceptance of delivery of:a deed and/or conveYCjnce,: regardless of form, shall be
deemed to have consented to and become bouniJ by this Agreement.
12. This Agreementshall be govEJrned by the laws ofthe State of California. In the event
that any of the provisions of this Agreement are held to be unenforceable or invCilid by
any co'urt, of competent jurisdiction, the validity and enforceability of the remaining
provisions shall not be affected thereby
IN WITNESS WHEREOF,'the parties have executed this Agreement on the dates set forth
hereinafter. /
Fe,OWNERS 1& /." 4h DOte. /0. ;I';-,y
H tor R. Sal ado -
Date. / () - ;1((T of
For CITY OF POWAY 0___
r Date /6- 2.;.7 -0'9-
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Attachments: 1) Notary AcKnowledgement
'M:\engserv\eng, brms\private' street maint\Sat~iadoMaintenanceAgreement.doc
. . 7207
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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1
State of California i } ss I
County of <~,v' J/ a u
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I tJer 20
On ,
Dala ~ ph Jy ));.ameand.:fjOffiCerl&-~7.Jal1ll~.NolarypuD
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personally appeared l' -Tv/? j;
Name(s)ofSignei'(s)
~erSOnallY known to me
I, roved to me on the basis of satisfactory I
evidence
1
to be the person(sr whose narne(s) ileare
subscribed to the within instrument- and
~ - - - - - - _'_-a-___ _ acknowledged to me that ~/~/they executed
, @ ~=:::L I the same in his/h'w/their authorized I
I capacity(ies), and that by hiS/~"'/their
~ .-00 Notary Public - calliOmta f signature(s) on the instrument the person(s), or 1
j' San Diego Countv - the entity upon behalf of which the person(s) I
_ _ _ ~comm.ExpII8sNoV9.2007t acted, executed the instrument.
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I OPTIONAL
I Though the information below is not required by law. it may prove valuable to persons relYing on the document and could prevent "
fraudulent removal arid reattachment of, this form to another document. "
Description of Attached DocUment 1
Title or Type of Document: I
" Document Date: Number of Pages:
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I Signer(s) Other Than Named Above:
,
1 Capacily(ies) Claimed,by Signer I
I ,
Signer's-Name: ,
I, D Individual TOp o/thumb here
I D Corporate Officer -Title(s):
D Partner - D Limited D General 1
D Attorney-in-Fact
D Trustee I
U Gyardian, or Conservator
D Other' 'I
Signer Is Representing:
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C 1999 National Notary Association' 9350 Oe SOlo Ave. P,O, Box 2402 . Chatsworth, CA 91313-2402' wwwnationalnotary.org Prod. No,S907 Reorder. Call Toll-Free J.l300-876-6827