Private Drive Maintenance Agreement 2003-0527495
;' ';t , I , 1 t82'51, DOC . 2003-0527495, 1
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RECORDING REQUESTED BY '"MAY 06, 2003 9:39 AM
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CITY OF POW A Y lfFICIAl RECORDS
'SAN DIEGO COUNTY RECORDER:SOFFICE
AND WHEN RECORDED MAIL TO' GREGORY J. SMITH. COUNTY RECORDER
FEES: 23.00
CITY CLERK
CITY OF POW A Y 111111111111111111111111111111111111111111111111111111111I11I111111111
POBOX 789
POWAY, CA 92074 k' . .Qg3:05.7495.,:"'
~ cJ" NO TR<\NSFER TAX DUE (THIS SPACEFOR RECORDER'S USE)
1j7~ PRIVATE DRIVE MAINTENANCE AGREEMENT
\ THIS P~ ATE DRIVE MAINTENANCE AGREEMENT ("Agreement") dated for reference purposes as of
the '21 ~ day of A P(I'l.- 2003, is entered into between Mohammad Kazem Zomorrodian,
hereinafterreferred to as "OWNER", and the CITY OF POW A Y, a municipal corporation, hereinafterreferred
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 Ordinance 303 and 304 relative to construction of two single
family residences at Spyglass Terrace, TPM 99.05
WHEREAS, OWNER wishes to provide for the maintenance and repair of that certain PRIVATE DRIVE
described and shown on Exhibit A attached hereto and made a part, hereof, hereinafter referred to as the
"PRIVATE DRIVE";
WHEREAS, OWNER is the owner of certain real property being developed as two single family homes that
will use and enjoy the benefit of such ,PRIVATE DRIVE A completdegal description of said real property is
included in Exhibit B attached hereto and made a pati hereof Said real'property is hereinafter referred to as
the "Property";
WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE DRIVE be maintained and repaired
in a safe and usable condition;
WHEREAS, it isthe mutual intention of the parties that this Agreement constitute a covenant nmning with the
Property, binding upon each successive owner ofthe Property
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS
I 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 forthe benefit of the Property
2, Thecost,ofnlaintaining the PRlV ATE DRIVE shall be bome by the OWNERS or his or her heirs,
assigns, and 'Successors in mterest Notwithstanding, the foregoing, OWNERS mayseek contributions
or recompense from and by all other owners, heirs, assigns and successors in interest who may be
obligated under similar Private Drive Maintenance Agreements with the City of Po way relevant to this
section of private roadway
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3 Therepilirs'aild maintenance to be performed under this Agreement by or on behalf of the OWNERS
shall be linrited to the following: reasonable and normat,road,improvement maintenance work to
adequatelyniaintain'the PRIVATE DRIVE and any related drainage facilities to permit normal access,
ingress'and egress to and from the Property Repairs and'U1aintenance under this Agreementshall
include, but are not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of
roadbeds, repairing and maintaining drainage structures, remov(ngdebris, maintaining signs, markers,
'stripingilnd lighting, if any, and such other work as is reasonablYI1ecessaiy or proper to repair and
preserve the' PRIVATE DRIVE for normal access, ingress and egress purposes,
4. The.obligation of the OWNERS as outlined herein shall commence with the issuance of a building
permit by the CITY to constrUCt a single family dwelling at Spyglass Terrace.
S In the event the OWNERS retain a contractor to perform any U1aintenance and obligation with respect
to the PRIVATE DRIVE, the OWNERS shall requiresuch contractor to maintain liability insurance to
cover any liability arising as aresult 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 ofthe'PRIV ATE DRIVE, or to any other
third parties arising out'of orin any way related to the use, repair or maintenance of tile PRIVATE
DRlVE. Nothing in this Agreement, the specifications, or ,other contract docurnents,or CITY's
approval ofthe plans and specifications for or inspection of the work regarding the PRIV,A TE DRlVE
is intended to include il review; inspection, or acknowledgment ofa responsibility for any such matter,
and CITY, CITY's engineer, and their consultants, and' each o( their officials; directors, officers,
employees and agents, shall have absolutely no responsibility Or liability therefor
7 If in the CITY's sole judgment the PRlV A TE DRIVE is notbeihg 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 constrU,ctionwithin ninety (90) days of receipt of such notice the OWNERS agree that
the CITY may make all needed repairs to the PRIVATE DRIVE 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 connectionwith 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, Ifthe 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 worlananship,
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
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11 It is the.purpose of tile signatol)',hereto that this instrument be recorded to the end and intent that the
obligations hereby created shall be and constitute a covenant rurtning with the land and any subsequent
purchaser of all,or,any,.portio)1 ofthe Property, by acceptance of delivery ofa deed and/or conveyance,
regardless of fonn, shall be deemed to have consented t<land become bound by this Agreement.
12, This Agreement shallbe'goveined by the laws of the 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 costoffnaintaining the PRN A TE DRIVE shall be divided up equally among the OWNERS of
parcels 3 and 4 of Spyglass Terrace, TPM 99-05
IN WITNESS WHEREOF, the parties have executed this Agreementon the dates set forth hereinafter.
For OWNERS. , Date: 4-zl-03
Kazem Zomorrodian
Date:
For CITY OF POW A Y
Date: 1-/:3DIO ~
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CALIFORNIA All.,PURPOSE ACKNOWLEDGMi:NT
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State of Cal,iforriia } ss. j
[ ~ D'ieeO j
[ County of
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On Af;-\\ N\ .~CO~ ,before me,
I Dale
[ personally appeared (fIDha.lYllY\q d..
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J - - - -~;~Ed.~-~ o personally known to me
I9-Jl'roved to me on the basis of satisfactory
-e Commisslonll1223Oll3 evidence
i . ,Notary Public ~C8nfornJa f
~ San Diego County f to be the person~ whose name(Jj @are
_ _ _ _My~rn,..~~Ju~30~~ subscribed to the wiihin instrument and
acknowledged to me ,tha~they executed
the same in J:il6/Ael :t1~eir authorized
[ capacity~, and that by Ji!6/herlttTei r [
[ signature~ onthe'instrument thepersont!l), or )
the entity upon behalf of which the person(S) .j
[ acted, executed the instrument
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) WITNESS my hand and official seal, )
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Place Notary Seal Above SignalureofNotary Public [
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OPTIONAL [
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(. Though the information below 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. [
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[. Description of Attache~cument [)r\ve IY\A'\M A~ ('l\+ (
[, Title or Type of Document: " Oa!Q (
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Document Date: ~\ \ 6)\ . cQDO 3 Number of Pages: 5 )
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[, Signer(s) Other Than Named Above:
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I' Capacity(ies) Claimed by Signer )
[, Signer.'s Name: )
[ o Individual
Top'or thumb here
[ o Corporate Officer,-- Title(s):
[ o Partner. -.0 limited 0 General )
o Attorney in Fact )
[ o Trustee )
[ o Guardian or Conservator
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o Other'
Signer Is Representing:
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@ 1999 N~tional Nntary Association' 9350 De Solo AV8., P.O.-Eo.. 2402' Chat~worth, CA 91313.2402. www.nalionalnolary.org Prod, No. 5907 Reorder: CaJI ToJJ.Fme '.800-8766827
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<( LOT 16 5600' ~~
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ViCINITY MAP
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EXHIBIT "B" Pagelof2 Pages
RECIPROCAL ACCESS EASEMENT
That portion oCLot 16 in Block "A" of the Map ofRowaya5'shown on Map 536, Official
Records of San Diego County, California, for an easement fot ingress, egress and utility
purposes described as folloWs:
COMMENCINQat the Southwest Corner of Section 2, Township 14 South, Range 2 West,
San Bernardino Meridian;
THENCE, on the southerly line of said Section 2, South 86039'55" East, 1310.04 feet
(Record per Map 9243 ofOffi*lal Records of San Diego County) 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 with
the easterly prolongation of the southerly line of Parcel 3 of Parcel Map No. 11344 of
Officia1.Records of San Diego County;
THENCE, on said.prolongation line, North 86039'42" West, 56.04 feet, to a point on a line
parallel with and 56 00 feet West of said centerline;
THENCE, on the southerly line of said Parcel 3, North 86039' 42" West, 93 49 feet,
THENCE, leaving said line, South 52029'32" West, 92.04 feet to the TRUE.POINT OF
BEGINNING being a point on a.non-tangent curve concllvenorthetlSt:erly and having a
radius of 43 00 feet, a radial line to said point bears South 69046'10" West;
THENCE, southeasterly on said curve, 20,23 feet though a central angle of26057'21", a
radial tine to said point bears South 42048'49" West;
THENCE, South 52029'32" West, 71.06 feet;
THENCE, North 86039'42"West, 34.49 feet;
THENCE, North 03020'18" East, 12.72 feet;
THENCE, South 86039'42" East, 18 62~;
THENCE, North 52029'32"East, 76.08 feet to the TRUE POINT OF BEGINNING.
See plat attached hereto and made a plll1 hereof
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00184_ ACCESS _LEGAL2.doc