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Private Streets Maintenance Agreement 2003-0901904 .. , - . DDC. 2003-0901904 f 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 .., . . . - - , 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 01 I . . I I I , 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 '. . . . 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 .'\-Lj h\S;<lee< '" . . CALIFORNIA ALL.PU,RPOSE ACKNOWLEDGMENT ,"" .~=~~~~=~ I, I' I State afCalifornia SAN DIEGO } ss, I Counfy of I 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) I' 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 I -- -- .-- - - -- - - -- -- -- - acted, ~xecuted the instrument I, I, WI~,d a,nd OffiC~,Seal. 1 ' ~/ ~~ I, 3'9'''0'' 0' No''" Pobl" 1 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 , ~~ Document Date: J: Iv . '5, :2 "a 3 Number of Pages: 0/ I / ' I' Signer!s) Other Than Named Above: ~ ,) I [, Capacity(ies) Claimed by Signer ,I ,] [ Signer's.Name: ,1 1 ____ ~- o .__---- Top of thumh here I' 0 ----- I I~ I' -j [ I, I. .... 'I Signer Is Representing: .'1 '" ._.,.;<;,g;.~='Q<;g"%'Q';'~;,;%~=~="g<:;!i,G%'g,,,~,~~<,<;oj~<~""'~":;~'!iK;("G~ 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