Private Streets Maintenance Agreement 2003-0901904
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, - . DDC. 2003-0901904
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JUL 29. 2003 8:42 AM
RECORDING RE0UESTED BY )
CITY OF POWAY ) OFFICIAL RECORDS
. ) SAN DIEGO COUNTY RECORDER'SOFFlCE
.1i ANDWHEN REGORDED MAIL TO') GREliORV J. SMITH, COUNTY RECORDER
FEES: 20.00
. .'. CITY OLERK )
~ CITY OF POWAY )
r' P O,..80X 789 )
POWAY CA 92074 )
)
No transfer tax due ) (This space for Recorder's Use)
APN 322"041 "25-00
PRIVATE STREET MAINTENANCE AGREEMENT
THIS PRIVATE STREET M~It'!TENANCE AGREEMENT ("Agreement") dated for
reference purposes as ot:lh-e.first day of April, 2003, is'ehtered into between Gordon Ray
Sims, Jr , hereinafter referred to as "OWNER", and the CITY OF POWA Y, a municipai
corporation, hereinafter referred to as "CITY"
WHEREAS, this Agreement is required as a condition of approval by the CITY ofa building
permit pursuant to Section 1(,52.'040 of the Municipal Code and Ordinance'303and 384
relative to construction of asif)gle family residence at 14530 Crestline Drive
WHEREAS, OWNER wishes tb'provide for the maintenance and repair ofthe pbrtibf10fthe
PRIVATE STREET fronting their property at said address, said PRIVATE STREET known
as Crestline Drive
WHEREAS, OWNER is the owner of certain real property being developed as 14530
Crestline Drive that will use a~q enjoy the benefit of such PRIVATE STREET of the real
estate property described as follows:
PARCEL A.
PARCEL 4 OF PARCEL.Mi\F NO 4859, IN THE CITY OFPOWAY, COUNTY OF SAN DIEGO,
STATE OF CALlFORNIi\, FILED IN THE OFFICE OF THE,COtJNTY RECORDER OF SAN
DIEGO COUNTY, JUNE 24, 1976AS FILEIPAGE NO 76-197671 OF OFFICIAL RECORDS
PARCEL B:
AN EASEMENT FORROAD AND UTiLITY PURPOSES:OVER, UNDER, ALONG AND ACROSS
THOSE PORTIONS OF PARCELS 1,.2AND 4 OF'PARCEL MAP NO 3633, FILED IN THE
OFFICE0F THE,COUNTY RECORDER OF SAN DIEGO'COUNTY, MARCH 20, 1975, BEING A
PORTION OF THE SOUTHWEST QUARTER OF THE,SOUTHEAST QUARTER AND A
PORTION OF THE SOUTHEAST QUARTER: OFTIHESOUTHWEST QUARIER OF SECTION
10, TOWNSHIP 14S0UTH,.RANGE1 WEST, SAN BERNARDINO BASE AND MERIDiAN, IN
THE COUNTYOF'SAN DIEGQ, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEYTHEREOF, DELINEATED AND SHOWN AS "PROPOSED 6000
FOOT PRIVATEROAD EASEMENT"
PARCEL C
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS \ St:>Lt --1. Cl
O~-1~3
. .
THE NORTHERLY 3000 FEET OF PARCELl AND2 OF PARCEL MAP,NO 3633 FILED IN
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THE OFF'liZE Of Tf;iE COUNTY RECORDER OF$AN DIEGO COUNTY, MARCH 20, 1975,
BEINc;,i\PORTION Of Tf-jESOUTHWEST Ql:JARTER OF'THE SOUTHEAST QUARTER AND
APClRJIQNQ.F THEe SOUTHEAST QUARTER OFoTHE;SOl:Jl;HWEST QUARTER OF SECTION
10, TOWNSHIP 14.S0UTH, RANGE 1 WEST,SAN~BERNARDINO,EiASE AND MERIDIAN, IN
THE COONTYOFSAN'6iEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF CREATED BY INSTRUMENT RECORDED DECEMBER
10,1974 AS FILE/PAGE NO 74-320643 OF OFFICIAL RECORDS
PARCEL D'
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER,UNDER, ALONG AND ACROSS
THE WESTERLY 30.00 FEET OF THE NORTHWEST QUARcrER OF THE SOUTHEAST
QUARTER AND THAT P'ORTI0N OF THE SOUTHERLY 30.'00 FEET OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER, IN SECTlc)N, 10, TOWNSHIP 14 SOUTH,
RANGE 1 WEST, SAN BERNARDINO BASE AND MERi~)IAN, IN THE COUNTY OF SAN
DiEGO, STATE OF CALIFORNIA, ACCORDING TO UNll'ED STATES GOVERNMENT SURVEY
THEREOF LYING EASTERLY OF THE EASTERLY RIGHT OFWAY LINE OF THE STATE
HIGHWAY 67, KNOWN AS ROAD XI-SD-198-H, CREATED BjlNSTRUMENT RECORDED
DECEMBER 10, 1974 AS FILEIPAGE NO 74-320643 OF OFFICIAL RECORDS.
PARCEL E
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS
THE WESTERLY 30 00 FEET OF PARCEL 1 OF SAID PARCEL MAP NO 4859.
PARCEL F
AN EASEMENT 10 FEET IN WIDTH, FOR PUBLIC UTILITY PURPOSES, WITH THE RIGHT TO
GRANT OTHERS, LYING NClRTHERL Y AND EASTERLY OF THAT PORTION OF THE
BOUNDARY OF PARCEL 1 OF PARCEL MAP NO 3633, FILED IN THE OFFICE OF THE
COUNTY RECORDER 9YSANplEGO COUNTY, MARC.H 20,1975, BEING A PORTION OF
THE SOUTH HALF ClF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE
SOUTHERLY AND WESTERLY LIE OF SAID 10 FOOT EASEMENT DESCRIBED AS
FOLLOWS.
BEGINNIN.GAT THE MOST WESl:ERL Y CORNER Of SAID PARC;EL 1, THENCE ALONG THE
SOUTHERLY BOUNDARY THEREOF, SOUTH 89'39'S8" EAST, 165.70 FEET, THENCE
ALONG THE W!=STERLYBOUNDARY THEREOF, SOUTi-1O'54'28"WEST, 331 00 FEET,
THENCE ALONG THE SOUJHERL Y BOUNDARY THEREOF SOUTH 89'17'02" EAST, 324,89
FEET TO THE POINT OFENDING
SAID EASEMENTIS APPURTENANT TO AND FOR THE'BENEFIT OF ALL OR ANY
PORTIONS OF THE GRANTOR'S REMAINING LAND
WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREET 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 benefit of the Property
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, 2, The cost of maintaining the PRIVATE STREET shall be borne by the OWNE'3 or his
I heirs,.assigns, and successors in interest. Notwithstanding, the foregoing, OWNER
may seek contributions or recompense from 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 Poway relevant to this section of private
roadway
3 The repairs and maintenance to be performed under this Agreement by or on behalf
of the OWNER shall be limited to the following: reasonable and normal road
improvement maintenance work to adequately maintain the PRIVATE STREET 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 STREET for
normal access, ingress and egress purposes,
4 The obligation of the OWNER as outlined herein shall commence with the issuance
of a building permit by the CITY to construct a single family dwelling at 14530
Crestline Drive,
5 In the event the OWNER retains a contractor to perform any maintenance and
obligation with respect to the PRIVATE STREET, the OWNER 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 OWNER 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 PRIVATE STREET, or to any other third parties arising out of or
in anyway related to the use, repair or maintenance of the PRIVATE STREETS
Nothing in this Agreement, the specifications, or either contract documents or CITY's
approval oftbe plans and specifications for or inspection of the work regarding the
PRIVATE STREET 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 therefore
7 If in the' CITY's sole judgment the PRIVATE STREET are not being maintained to
standards set forth in paragraph 3 of this Agreement, the CITY may thereupon
provide written notice to the OWNERtoinitiate 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 OWNER agrees 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 OWNER The
OWNER shall reimburse the CITY for all reasonable costs incurred by the CITY in
connection with such maintenance activities, If the OWN ER does not so reimburse
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the CITYwithinthirty(30) days after CITY's demand, then CITY may pursue all of its
remedies at law or in equity
8 If the CITY elects tomake necessary repairs in,accordahce with paragraph 7 above,
said work'shall be without warranty Said repair shall be accepted "as is" by the
OWN ER' and the without any warranty of workmanship
9 The foregoing covenahts 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 OWNER.
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
running with the land and any subsequent purchaser of all or any portion of tbe
Property, by acceptance of delivery of a deed and/or conveyance, regardless ofform,
shall be deemed to have consented to and become bound by this Agreement.
12, This Agreement shall be governed by the laws oftheState.of California. Inthe event
that any of the provisiohs of this Agreement are held,tobe unenforceable or invalid by
any court 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
For OWNER,
Date. '7 /3 /2003
G"... dOn RAct
See attlXhed .lurat/
For CITY OF POWAY Acknowledgement
Date 7-1t:.-tJ3
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CALIFORNIA ALL.PU,RPOSE ACKNOWLEDGMENT
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I State afCalifornia SAN DIEGO } ss,
I Counfy of
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I On J", Iv :1, Z dO "7 before me, RA.~MoNDTlllEY
;. / Dale . _ Name a,nd Title of Officer le,g" "Jane Doe, Notary Public")
:: personally appeared Goo" c/0"1 S~"< $ :Tr
~ . Name(SlOfSlglfer(s)
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o personally known to me
I, .ocproved fa me on the basis of safisfacfory
evidence
to be the person(aY whose namew islare-
I ~ _ _ _ _ _ _ _ _ _ _ _ _ subscribed to the within instrument and
I, " RAYMOND, TILLEY ~ acknowledged to me that he/Sho'tRO" executed
1 .' , Commission #1376624 the same In hls/.ef,tRe,,- authorized
i, .-,,; Nofo~y P"UblI,C,- Cotl,i6rniO ~ capacit~), and that by his/h"r'tReir
'~'" San Diego County ~ slgnatureMonth"e,in, strument the persof)(a1. or
. MyCorili"n,ExpiresSep24:2006 the entity upon,behalf of which the persofllar
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I, WI~,d a,nd OffiC~,Seal.
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I OPTIONAL I
I Though the information below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent
I' fraudulefltremovaf and reattachment of this form to another document.
Description of Attached Document ,I
Title or Type of Document: Ale, ,'rJTeJ1c<2. If ?I"er!'#1 t2J17
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~~ Document Date: J: Iv . '5, :2 "a 3 Number of Pages: 0/
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I' Signer!s) Other Than Named Above: ~
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[, Capacity(ies) Claimed by Signer ,I
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[ Signer's.Name: ,1
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Signer Is Representing: .'1
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iD 1999 National Notary Associallun ~350 De Solo Ave.. P,O. Bo' 2402 . Chatsworth, CA 91313 2402 -' ViWw nationalno13ry.org Prad No !l907 Reorctec Cell Toll-Free 1-800.876.6BZ1
~ITY OF POWA'
MICKE) l~AFA<~NA, "L,p"
BETT) 'REXFORD, Deput)' Mal'o,.
80B EMER) ,l\iuncilincmht'[
IAI' GOLDR) L,uuncilincll1her
[KiN HIUl;JNSON,.Clllltlcilmenloer
November 6, 2003
Gordon R. Sims, Jr
14530 Crestline Drive
Poway, CA 92064
Enclosed is a copy of a, Private Street Maintenance Ag'reement, which was recently
executed and has been ,recorded, This copy is for your files, and th'e original of the
recorded document remainsion file in the City Clerk's Office,
1'"7:'; . .
1,)illUC
Shelley Colli
Adi:ninistrative Assistant III
Enclosure
~ City Hall Lucated at 13)25 Civic Center Drive
~'1ailin~;ddrcs" Pl' R"x 789, r",,,lV, Cditr\rnia920H-078LJ. (85S) 748~h(iOO, 69,)~1400
F".X748-14'iS