Private Streets Maintenance Agreement 2003-0527546
. .; , . , "DOC. 2003-0527546
.
,
RECORDING REQUESTED BY " ~MAY 06. 2003 9:40 AM
CITYOFPOWAY 11881 IfFICIft I\IDJRDS
,SM DIE60 GOlJNTV RECORDER'S OFFICE
AND WHEN RECORDED MAIL TO' ' GREGIlRV J. SMITH, IIDfIV REGORDER
FEES: 23.00
CITY CLERK
CITY OF POWA Y
POBOX 789 111111111111111111111111111111111111111111111111111111:111111111111111
POWAY, CA 92074
11"'; 2003,0527546 . , ' ,
'--..-..- ".-' 0"'
NO TRANSFER TAX DUE (THIS SPACE FOR RECORDER'S USE)
PRIVATE STREETS MAINTENANCE AGREEMENT
fg TIllS PRN A TE STREETS MAINTENANCE AGREEMENT ("Agreement") dated forreference purposes as
bP of the 'L \ ~ L day of A. Pr I L 2003, is entered into between Mohanunad Kazem Zomorrodian,
(YI,II \ hereinafter referred to as "Owner", and the CITY OF POW A Y, a municipal corporation, hereinafter referred to
I as lICity"
WHEREAS, this Agreernent is required as a condition of approval by the City of a building permit pursuant to
Section 17,52,040 ofthe Municipal Code and Ordinance 303 and 304 relative to construction of four single
family residences at Spyglass Terrace, TPM 99-05
WHEREAS, Owner wishes to provide for the maintenance and repair of those certain Private Streets described
and shown on Exhibit A attached hereto and rnade a part hereof, hereinafter referred to as the "Private Streets";
WHEREAS, Owner is the owner of certain real property being developed as tour single farnily homes that will
use and enjoy the benefit of such Private Streets, A complete legal description of said real property is included
in Exhibit B attached hereto and made a part hereof Said real property is hereinafter referred to as the
lIProperty";
WHEREAS, it is the mutual desire of the parties hereto that the Private Streets be maintained and repaired in a
safe and usable condition;
WHEREAS, it is the mutual intention of the parties 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 for the bcnefit of thc Property
2. The cost of maintaining the Private Streets shall be borne by the O"ners or his or her heirs, assigns,
and successors in interest. Notwithstanding, the toregoing, Owners may seek contributions or
recompense from and by all other owners, heirs, assigns and successors in interest who rnay be
obligated under similar Private Street Maintenance Agreements with the City of Po way relevant to this
section of private roadway
do3-o1 /\~~
0'3 O--:r:l
. . ,
. . 11882
.'
11 It is the purpose of the signatory hereto that this instrument be recorded to the end and intent that the
obligations ~ereby 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 of delivery of a deed and/or conveyance,
regardless of form, shall be deemed to have consented to and become bound by this Agreement.
12, This Agreement shall be governed by the laws oftheBtate of California. In the event that any ofthe
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 cost of maintaining the Private Streets shall be divided up equally among the Owners of the four
lots of Spyglass Terrace, TPM 99'05
IN WITNESS WHEREOF, the parties have executed this Agreernent on the dates set forth hereinafter
;{ -:Z/L ~ Date:A-zl-03
For Owners: ;:ifii/ c::; v, -
Kazem Zomorrorl;an
Date:
For City of Poway' Q -~~.
Date: 4.3v-03
Jav;d C; ty Eng; neer
,
. . 11883
,
3 Therepairs and maintenance to be performed under this Agreement by or on behalf of the Owners
shall be limited to the following: reasonable and nOrmal road improvement maintenance work to
adequately,maintain the Private Streets and 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 of the Owners as outlined herein shall commence with the issuarice of a building
permit by the City to construct a single family dwelling at Spyglass Terrace,
5 In the event the Owners retain a contractor to perform any maintenance and obligation with respect to
the Private Streets, the 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 defend and indemnifY and hold harmless City, City's engineer and their consultants and
each of their 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's
fees, incurred by or payable to any other use of the Private Streets, or to any other third parties arising
out of or in any way related to the use, repair or rnaintenance of the Private Streets. Nothing in this
Agreernent, 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 consultants, and each of their officials, directors, officers, employees and agents,
shall have absolutely no responsibility or liability therefor
7 If in the City's sole judgment the Private Streets are not being maintained to standards set forth in
paragraph 3 of this Agreement, the City may thereupon provide written notice to the Owners to initiate
repairs or construction within ninety (90) days, Upon failure to demonstrate good faith to make
repairs or construction within ninety (90) days of receipt of such notice the Owners agree that the City
may make all needed repairs to the Private Streets 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 incurred by the City in connection with such maintenance 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 law or in equity
8, If the City elects to make necessary repairs in accordance with paragraph 7 above, said work shall be
without warranty Said repair shall be accepted "as is" by the Owners and the without any warranty of
workmanship,
9 The foregoing covenants shall run with the land and 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 Owners,
. ,
. . 11884
cALlFQRNIA,.ALL.PURPOSE ACKNOWLEDGMENT
- -:'"'c>,:'
State of California } ss.
1 County of ,So l"\ \)'i.@eu
1
1
1 On Ar-', l ~1.cX1);>"', before me, ..'?r\'P~'le D,\~)nr(eU.NDtQ"'~ f11bli(..
1
Date Name and TiUe of 0 Icer (e.9-. . Jane 0"09. Notary Publl ")
1 personally appeared ({\onQm IY\d. d. l<a "2.er<\ 'Z.ornorrocl ia.tl
1 Name(s) ofSigner(s)
1 D personally known ,to me 1
1
le.~,~~q ~ proved to me on the basis of satisfactory
evidence
CommllullOn 111223093
1 iNolary Public - CaRIomIa ~ to be the person45'l whose name(J;) @lre
1 ~ San Diego county. ~ subscribed to the within instrument and
, _ _ _ _My~m.~~ru:..Ju:~~ acknowledged to me that ~shetlAey executed
the same in .Bii?/het'/ttreir authorized 'I
capacity(iest,- ,and that by ~/hGf4Ae+r 1
I signaturetston the instrument the person(sj, or 1
1 the entity upon behalf of which the personf57
,
I, acted, executed the instrument.
I' 1
, WITNESS my hand and official seal. ,
, ~.Q.u I DCh.X.AJt UJ 0
I 1
1 Pisce Notary Seal Aoove Signature of Notary Public ,
,I
OPTIONAL 1
, Though the information below is not required by law, it may prove valuable to persons relying on the document ,
1 and could prevent fraudulent removal and reattachment of this form to another document. 1
1
1 Description of Attached ~cument SWeets. AeJrrti-. ,
I, Title or Type of Document: , Oo....:t€. M.A\M . ,
.
" ,
" ~\ \ ~\ .;X:l) ~ - ,
Document Date: Number of Pages: ,~ ,
" ,
I, 'I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer 1
1 Signer's Name: 1
, o Individual
, Top of thumb here
1 o Corporate Officer;- Title(s):
o Partner - 0 Limited 0 General
1 o Atlorney in Fact "
, o Trustee I,
o Guardian or Conservator
o Other'
1
Signer Is Representing:
.x; '~'<..X,;.'C{...'g,;.~'QV'g.;,.'g;;.'9v'QV'g;,'g,;,~'g;,~"'C<,,'g;,'Q(;..~~~~~'GV,<,:~,;~<.;.'<..:.<;..'CV'Qv~ - 0~
Q 1999 Nalional Notary Association' 9350 De Solo Ave., P.O. Box 2402' Chalsworth, CA 91313.2402 'www.nationalnolary,org Prod. No. 5907 Aeordar:CaIITolI-Frea 1.aOO.a76-6827
.
EXHIBIT "An "
\
. 2 I PM 1134Lf- PA'RCF.;;L3
PARcb"l I T.P.D.B.
- - - - - - '- - _ _ ,--- 586'J9'42.[ 12J.70' 586'J9'42.[ I
~.04' ,
........../ PARCEl s. w -1\
/" SPYGlASS 1'ENHACE ~. ~ ~ I .
/ l;189.80' 41.01' II) 5 ~ I
\. - R;4J.00' 586'3942 E z ~ GJ
,. 6;252'53'44' I. ~
I . '-'"" ~ l;31.81' ~
' 11\ ';25.00'
, ?D 6;72'53'43' ~
'- I{ L=JO.62' I ,. ~ I'
.., R=20.00........ ;:;> ~
~ 6 =87'42'33' I ..... I.~
g r 56.00' ~~.
~ ~
~ ~ loT I Co I I ~
f. VICINITY MAP cP BLOc..K I( A /. ~ .-
I'iI NTS MAP 53 (p
S6e. 2-
SCALE 1" = 40' -r. /45. RLw ,..
~URVEYING S B t-.\ I 1004
26608 PIERCE CIRCLE. STE. B :< 2. ex>
MURRIETA, CALIF. 92562 '-'4 I (Xl
(909)698-1830 (909)698-8656 fAX 10 IT- N86'J9'SS.W lJl0,04' _ .tl1.
1 . "( I
. . EXHIBIT '''B'' . Pagelof2 Pagea
PARCEL"A" "SPYGLASS TERRACE" A PRIVATE STREET 11886
That portion of Lot 16in Block "A" of the Mapof~owayas,shown on Map 536, Official
Records of San Diego County, California, deseribedasfollows:
COMMENCING at Southwest comer of Section 2, Township 14 South, Range 2 West;
THENCE, on the southerly line of said Section 2, South 86039'55" East, 1310.04 feel
(Record per Map 9243 of Official Records of San Diego C;ounty) to the centerline of
Pomerado Road; as shown on said map;
THENCE, on said centerline, North 01002'51" East, 213.12'feet to the interseCtion of the
easterly prolongation of the southerly line of Parcel 3 ofParcclMap No. 11344 ofOflicial
Records of San Diego County;
THENCE,.on saidprolongatiC),n Jin,e, North 86039'42" West, 56.04 feet to the TRUE
POINT OF BEGINNING, saidpoinl being on a line parallel with and 56.00 feet West of
said centerline;
THENCE, continuing on ~4 prolongation line, North 86039'42" West, 123.70 Feet to the
beginning ofa curve concave to the Northeast and having a radius of 43 feet;
THENCE, on said curve 189.80 feet through a central angle of2S2053 '44" to the
beginning of a reverse curve concave to the Southeast andihaving a radius of25.00 feet, a
radial line to said point bears South 69033 '25" Easl;
THENCE, northeasterly on said curve 31.81 feet through a central angle of 72053'43";
THENCE, South 86039'42" East, 41.01 feet to the bcginning ofa curve concave lathe
Southwest and having a radiUs of20.00 feet;
THENCE, southeasterly on said curve 30.62 feet through 'a' central angle of 87042'33" to a
tangent interscctionwith a line lying 56.00 feet West of and parallel with the centerline of
said Pomcrado Road;
THENCE, on said parallel line North 01002'51" East, 57.25 feet to the POINT OF
BEGINNING.
Said Parcel "B" is a private road and utility easement
Total acreageis:9465.47 SQuare feel or 0.22 acres.
See plat atlachedheretoand made a part hereof.
00184 _SPYGLASS_LEGAL.doc