Private Streets Maintenance Agreement 2008-0013859
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pz JAN 11 , 2008 104 PM
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RECORDING REQUESTED BY l '1p UFFILI,u,l_ F,ECOFi[I'::,
CITY OF POWAY ,':'lr.J [11F..::in CI-IIItIT'1 F-icCUR[ICr:,", OFFILE
l-lH[I~II~: ,[ '_,r'..1IlH CiJUr'JT'i' F:EI_:CiFi[IEF:
AND WHEN RECORDED MAIL TO? I cvn FEE'_, 2:~ nn
PAGES: 7
CITY CLERK ) 1111111 11I11 II!II 11111 11111111111III1 11I1111111111II 1111 I111I111III111I11111111I
CITY OF POWAY )
P 0 BOX789 )
POWAY CA 92074 )
)
No transfer tax due ) (This space for Recorder's Use)
Tax Parcel No Z7B-/8tJ-73
PRIVATE STREET MAINTENANCE AGREEMENT
THIS PRIVATE STREET MAINTENANCE AGREEMENT ("Agreement") dated for
reference purpo es as of the I '2/ "Z~~ ' 200 7, is entered into
between. E ' t~ as "0 NERS", and the CITY OF POWAY, a
municipal corp ration, her inafter referred to as "CITY"
WHEREAS, this Agreement is required as a condition of approval by the CITY of a building
per~it pursuant to ~ection 1,7.52.040,of th~ Municipal Code an~rdinance 3.03 an? 3~4 _ '" _~ .
rela.live to cO,nstructlon of a sIngle tam!IY.re,s!d<;nce,al54-9/ tfJ? k';.fR '-JfJ:T)' ., ~~-
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WHEREAS, OWNERS wishes to provide for the maintenance and repair of the portion of
the PRIVATE STREET frOntinptheir property at said address, said PRIVATE STREET
known as J44-R k' IJ R. 'f).
WHEREAS, OWNERS are the owners of certain real property being developed
asi61f..t:;() MAR/1R I?D- that will use and enjoy the benefit of such PRIVATE
STREET of the real estate property described as follow'
(See Lel.:al Description.Exhibit "A" & Plat Exhibit" B", which is made a part hereoO
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.expr~ssly ,bClllncLhereby
for the. benefit of the Property, . -
2. The cost of maintaining the PRIVATE STREET shall be borne by the OWNERS or
there heirs, assigns, and successors in interest. Notwithstanding, the foregOilRroo~
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OWNERS 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 OWNERS 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 normai 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 OWNERS as outlined herein shall commence with the issuance
of a building permit by the CITY to construct a single family dwelling at
i61f-r;o PJAPkAf<. If))
5 In the event the OWNERS retain a contractor to perform any maintenance and
bbligationwith respect to the PRIVATE STREET, 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 engin-eer 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 PRIV A TESTREET, or to any other third parties arising out of or
in any way related to the use, repair or maintenance of the PRIVATE STREETS
Nothing in this Agreement, the specifications, or other contract documents or CITY's
approval of the plans and specifications for or inspection of the work regarding the
PRIVATE STREET is intendedto include a review, inspection, or acknowledgment of
a responsibility for any such matter, and CITY, CITY's engineer, and their
90nsultants,_ and each of their officials, directors, officers, employees and agents,
shall have absolutely no"fespohsi15i1ity or liability therefore.
7 If in the CITY's sole judgment the PRIVATE STREET are not being maintained to
standards set forth in. paragr~ph 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 oLsuch 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 incurred by the CITY in
connection with such maintenance activities, Ifthe 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,
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( 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 IUs understood and agreed that the covenants herein contained shall be binding on the heirs,
executors, administrators, successors and assigns of the OWNERS
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 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 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 affeGtedthereby
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter
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For OWNERS 6CV.'e ~.., - 11-1.."C7 .- 01 Date:
,
Eddie Binyarnin Yako
C;:(,I/1~ / 0i /c::o /1. - Z 0- 07 Date.
Sahira Yako
For CITY OF POW A Y
Frank Casteleneto, City Engineer Date;{J .Y
Approved as to form. ()twq ~
Lisa Foster, City Attorney
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" California All-Purpose Acknowledgment
State of California }ss.
County of San Dieqo
On dl>fh/)"('P,"~~1 &04 before me, <;'.K. RV/1/Jne\\ /-.IdWl;; rd..Lc Cai!,.qjlX1lqSJ)
personally appeared El1,() 8r""(jl\v.,in )'''}If a.e1 )cJ",'fl9 do,to
0 personally known to me
~ proved to me on the basis of satisfactory evidence
,
to be the person(s) whose name(s) is/@subscribed
to the ~ instrument and aCknowledge@e that
he/she he executed the same in his/her . a~
rlzedcapas!ty(ies),and that by his/he thei
signature(s) on the instrument the person(s), or the en-
tity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
C;. k f?v;,{. IV> pJ!
Signature of'Notary ~... -.- ~
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Other Information
This information is not required by state law, but is helpful in preventing fraud,
Type of Ackowledgment:
o Individual
o Corporate
I;lI Partnership
o Attomey-in,fact
o Other'
Document Identification:
Name/Type: 4a;.:~ ~k~ ;~tJcd; (~;~.~~a. A:JN,--t-
Dale: ;)~ Jl-,'. ~ .f... <,. # of Pages: 5 P"':Jh
Other Info'
Journal Entry #.
Signer Information { 1.'
Name: ,:ccJ.-/.,..Q .&,."';;1"'......;,, '/I\~" <-.. J Y4~o
Sa Ifto,
Capacity (if corponite): I
.@2005 Golden State Notary www.GoldenStateNotaly.colll (888) 263-1977
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California }
County of San Diego
On v?:;;1/ 2, 2 tJeJ f before me, Phyllis Shinn, Notary Public
Date c: (1 ~ _ Here Insert Name and TIlle ollhe Officer
personally appeared f ;f./lfl/!<VCJ S-r6tC/2/C;D
Namo(s)01 Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(~ whose name~ is/a~ subscribed to the
within instrument and acknowledged to me thaI'
he/5tie/t~y ex~cuted the same in his/l1jr/tt'l:eJr authorized
capacily(i?G), and thaI by his/t1;&rlt~r signatureQQ on the
instrument the person(SJ, or the entity' upon behalf of
I~ - . which the person(1Q acted, executed the instrument
. PMYLLISIHINH l
_ C~mlulon. 177..911 I certify'under PENALTY OF PERJURY under the laws
Nolory Public . Collfomlo . . .
I. Ion DIogo'COunty I of the State' of C~lifornia that the foregoing paragraph is
true and correct
WITNESS my.
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Signature
Place Notary Seal Above
OPTIONAL
Though the information below is nOl'requlred by Is\-v, it may prove valuab/~U~ persons relying on the document
and could prevent fra.udulent removal and reattachment of this form to another document.
Description of Attached Document, D_. .
-Title or Type of Document: fk/J/Itfl: JlK'a:t /fJ:; !/t17!)ih;t/?F /46;f6Df'lt:./t7/
DocumentDate; /,Z- 2' ()- () 7 Number 01 Pages; v-
Signer(s) Other Than Named Above: E~ /;/ C V.., K'D A/f/b /YJ flze4 Y"77<' c.)
Capacity(les) Claimed by Signer(s)
Signers Name: Signer's Name;
o Individual 0 Individual
o Corporate Officer - Title(s); 0 Corporate Officer - Tltle(s):
o Partner - 0 limited 0 General RIGHTTHUMBPRINT 0 Partner - 0 Limited 0 General RIGHTTHUMBPRINT
o Attorney In Fact OF SIGNER 0 Attorney'lil Fact OF SIGNER
O 1i t Top of thumb here 0 li t Top ollhumb here
~see - ,rusoo
o Guardian or Conservator 0 Guardian or Conservator
o Other' 0 Other'
Signer Is RepresEmtlng: Signer Is'Representing;
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C 2007 NaIlciOal Nota.ry AssOclatloilo 93so De' 80to Ave., P.O. Box 2402 ~ ChalsWorth, CA S1313-2402. WWw,NalionalNotary.otg Ilem '5~7 AeordOr. eanTQl-froo 1-8Q0.676-6827
. . EXHIBIT" A \I .
PARCEL I OF PARCEL MAP NO 18217, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 4, 1999 AS FILE NO ] 999,0 139356 OF OFFICIAL RECORDS
RESERVING THEREFROM AN EASEMENT AND RlGHT OF WAY FUR ACCESS, INGRESS AND
EGRESS, PRIVATE ROAD AND UT1LlTY PURPmES AND APPURTENANCES THERETO OVER,
UNDER, ALONG, ACROSS AND THROUGH THOSE PORTIONS OF PARCEL 1 AS SHOWN ON
PARCEL MAP NO 18217 AS PROPOSED PRIVATE ROAD AND UTILITY EASEMENT. AND
PROPOSED 4 00 FEET ANI) 8 00 FEET PRIV A TE ROAD ANDUT1LlTY EASEMENT
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APN278-180- 73 f11/JRK/11<. R..e. Q
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REQUESTTO REtRD DOCUMENTS WITH CO~TY RECORDER
Requested.By: Development Services Department Extension No. 4608
Request Approved By: Frank Castelenetb ~<:/6~" /
Print name ~.-/'Signature
Type of Document: Private StreetMaintenance Aqreement
If a document is to be recorded against a piece of property, that person is mailed a copy Please
provide the following information.
Name: Eddie and Sahira Yako
Address: 15450 Markar Road
Poway, CA 92064
W\1'ijrnjt~11Iii~!::i1liiE~;Ji!Jiij;;fj;,j'r(~ty;Mlil!ill?l""-o-~r..ff'-n'I1."fj'~,/~~''''O"miliaa.'~'-'"a 11'"'-''"''~/'" """'ll''''6' ='~'~I~~'!1'~,i"~,'~i!"~I" :"''ii!i
i "1~..I11 'If I _ _'. J"JIII ,I!; ~ . ,8i;;: ~f ~as.e, ,,8 ae .Ill, a _e _ ,O(.ff#;a t;eSS,e Jmen,ve 0 .e11iLa .O.Ve:.1'-":T" -Lm..=..6, ,.l I..l... l;~ ,~I ,
Please 'complete the following information even if it is contained in the recorded document.
Parcel No.: 278-180-73
Related Case No: Building PermitlMDRA 04-20
Location of Property: 15450 Markar Road
Check appropriate boxes.
Notary certificate.attached ~ Yes 0 Not needed
Acceptance stamp 0 Yes ~ Not needed
Acceiltahcestamo must be on all Easements and'GrahtDeeds
Check attached ~ Yes 0 Not needed
If it is of benefit to the City, a check is not needed. If it is not of benefit, a check made payable to the
County'Recorder rCounty Clerk must be included. The fee is $8.00 for the first page, $3;00 for-.each
page thereafter Notary certificates qualify as 1 page (If the certificate can be placed over a blank
section, it does not count as an extra page)
All recorded documents are mailed to the County Recorder from the City Clerk's Office, If a
document is to be picked up by a Title Company, (before telling them when they can pick it up) check
with the Clerk's Office
Title Company: Phone:
Contact: Pick-up Time:
H:\req.record eng.doc