Private Streets Maintenance Agreement 2008-0005392
,
, [v. ,,~ # 2008-0005392 I
~ .
; '11111111111111111111111111111111111111111111111111111111111111111 I
.
RECORDING REQUESTED BY ,IAN 04 2008 459 PM
CITY OF'POWAY
f6 OFFill'-'L F\EI=IJF~[IS
A,ND WHEN RECORDED MAIL TO: ',:"'JJ rd~Ciu 1~llun r I F:ECOR[IEFi"_, DFFII-E
1f CIF:tC111f-: I ,I A,1ITH CDur-111 l:i[COFi[IEf':
Gny CLERK FEE', ~i::,IIU
I Colli CITY OF POWAY PAGES: 7
POBOX 789
POWAY, CA92074 1 IIIII! I1111 11111 11111 11111 11111 1I1!1 11111 1111/1111111111111 11111111111111111111
7;'9'~9,2 I
(THIS SPAGE FOR RECORDER'S USE)
APN: 321-'250-'08"
PRIVA TEiSTREETS MAINTENANCE,6.GREEMENT
THIS PRIVATE STREETS MAINTENANCE AGREEMENT ("Agreement") dated for reference.
purposes as of the /7 day of O/:,CEI7?PECg 2007, is entered into between _
'~Fl/~ !7:?t /1?13 00 1/ I LAI~ /?7 A/77130q 1/>-/
hereinafter h3ferred to as "OVY~ERS", and the CITY OF POWAY, a municipal corporation,
. hereinafterreferred to as "CITY"
W8EREAS;,ttiis Agreement is required as a condition of approval by the CITY ofa building permit
pu!syant, to SEl~tion 17.52.040 of the Municipal Code, and. Orainance 303 and 304 relative to
constructJonofa single family, residence;at/<iG37 7W/A/ PeA""" ,.eo ,and
WHEREAS, Owner wishes to provide for the maintena-nce and repair of those certain PRIVATE
STREETS'described and shown on Exhibit'A attached hereto and made apart hereof, hereinafter
referredt(}asthef"PRIVA\'lfESh';R'EEJ;S"; and" ,
WHEREAS, Owner istheowner of:certain rei3i Property being developed as a single"family house at
/4:1<'37 Tw//V Pe,-'f.t'SRi:>.,.-, :that will use and enjoy. the benefit of
such;PRIVA TE STREETS A completErlegal>~~scription of said real property is included in Exhibit B
attache9 hereto and made a part hereof: Said real property is hereinafter referred to astne
"Property", and
WHEREAS, iUs the mutual desire ofthe:parties hereto thaUnePRIVA TE STREETS be maintained
and repaired, in a safe and usable conditioli; and
WHEREA:?, it is the mutual intE1ntion ot the parties that this Agreement constitute a covenant
running with the Property, binding upon ,eachsuccessiye 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,cfall orany portion of the'Propertyare expressly bound hereby for the benefit of the
Property
2, The cost of m?intaining thePRIVATE SJREETS!shaILbe borne by the OWNERS or his or
her:heirs, assigns, andsuccessor~ ili. interest. Notwittfstanding, the foregoing, OWNERS
may 'seel(, contributions. or recilrn.pe[lse,frol):1;~,I1dby all other owners, heirs, assigns and
sllcc_esso~~ .,in' int~re!lt. who. may' be 'obligated ,under similar Private. Street Maintenance
A!lreements,with the CitybfP6way relevanHothis.section of private roadway
, O~ --015\
. . .
7993
3 The repairs and maintenance to be performed unaer this Agreement by or.on behalf of the
OWNERS shall be limited to the following: reasonable and normal road improvement
- -~~. "-~"-" '.-
maiptenance workto adequately maintairi\the PRIVA TE'STREETS and any relateddr?inage
facilities to permit normal access;ingress,and egress to and from the Property Repairs arid
maintenance:Linder this Agreement shail'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; mar~ers, 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 issuance of a
building permit by the CITY to construct a single-family house at
/1657 'iW"A/ PeA/cf RD AW--1-v ('?/f 9/106C-,
I
5. In the event the OWNERSi'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 tneir officials, directors', officers, agents and employees from and
against all liability, claims, damages, losses, eXPenses, personal injury and other costs,
incluaing.costs of defense,~lnd attorney's fees, incurred by or payable to any other use of the
PRIVATE STREETS, or to i3ny oth~rthird 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 ofthe plans and specifications
for or inspecti()n ofthe work regardingthe PRIVATE STREETS is intended to include a
review, inspection, or acknowledgment ,of a responsibilityJor any such matter, and CITY,
City's engineer, and their consultants, and each of their officials, directors, officers,
employees and agent!?, shall have absolutely no respol1sibility or liability therefore
7 If in the City's sole judgme!lt the PRIVATE STREETS'are not being maintained to standards
set forth in paragraph 3 ofthis Agreement, the CITY'm?\y thereupon provide written notice to
the OWNERS to initiate repairs or construction within ninety (gO) days. Upon failure to
demonstrate good faith to make repairs or construction within ninety (90) days of receipt of
such notice the OWNER'S, 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 thereoUo the OWNERS The OWNERS shall reimburse the CITY for all reasonable
costs incur'red by the CITY inconnection with such maintenance activities. If the OWNERS
,- .' . '.' .
do not so reimburse the CITY withiQ 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 forthe 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
. . 7994
11 It is the purpose ofthe 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'oflhe State of California. In the event that
any of the provisions of this Agreement areheld'to be 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 OWNERS. 7:1tK- /~/1?-cL.v Date: /~!7~7
lOfik Mamedov ~)7) 7
A II/- /J/ANe.4vo1 Date.
Lala Mamedova
For CITY OF POWAY
~ ./ Date. 1 z../Z.';/07
.' ank Cast' 0, City Engineer
~~ ~~ Date. Id'21 Co-O,
Approved as to form:
Lisa Foster, City Attorney
. . 7995
CALIFORNIA ALL.PURPOSE; ACKNOWLEDGMENT
State of California
County of San Diego
On JrLL?I18EX20,2007beforeme, Phyllis Shinn, Notary Public
Dale Name and Tille of Officer (a 9 , . Jane Doe, Notary Public")
personally appeared --W/ft; /lIJ.q'rn [b oil A tZ/'t, lJ/1-4 tJ/q/17LIJ() J.4
Name(~) ofSigner(s)
o personally known to me - OR - ~roved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Ware subscribed to the within instrument
and acknowledged to me that I)e/~/they executed the
same in ~/~their authorized capacity(ies). and that by
~ PHYLLIS SHINN hts/~/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
j NComm'..lon .1778898 executed the instrument.
1.. 0'0"" PUblic . California ,
Son Diego County _ WITNESS my hand and official seal.
- - - -"~~~~~!!1
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.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney-in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator RIGHT THUMBPRINT
.OF SIGNER
o Other' Top of thumb here o Other' Top 01 thumb here
Signer Is Representing: Signer Is Representing:
c 1994 National Notary Association. 6236 Remmel Ave., P.O. Box 7184 . Canoga Park, CA 91309-7184 PrOd. No. 5907 Reorder: Call Tofl-Free 1-8()O.B76-6827
. . 7996
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On /}:c.tl11/lfJZ1,f;! 007 before me, Phyllis Shinn, Notary Public
D", r;e , ') N,m",dTl",,' Off;", 1'.9., "J,,, DO'. No"~ P,lilio")
personally appeared t:};1//( [/k5Jctr;1/CTu ,
Name{s)of Signer(s)
~erSOnallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person~
whose name()O is/a~ subscribed to the within instrument
and acknowledged to me that he/s)lie/t~ executed the
same in his/~r/ti)4[r authorized capacity(i~, and that by
his/h'.(r/ti)l'llr signature~ on the instrument the person~,
J - - - - - - - - - - l or the entity upon behalf of which the person(~ acted,
it PHYLU8 SHINN executed the instrument.
Commlallon II '7788"
. Notary Public . CalltomIa
J 'lan DIego county' WITNESS my hand and official seal.
- - - - - >r_m~y"yJ
C
OPTIONAL
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.
Description of Attached 'Document
Title or Type of Document: &/I/Aff <:. )JpU~ rJ/)q /,4/1 i-./01 ),Ice /J9 ,t'CCftt r,Oj-
Document Date: _~t:C t.:77161:-7\ / 7. Zt!}[) '7 Number of Pages: (f)
Signer(s) Other Than Named Above:Wt /( .. r l!J1YI1C D oil 1-r;V~ l/J LA J1;J1J11 c JJ D 1//1
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
tJ Individual 0 Individual
o Corporate Officer 0 Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 Generai 0 Partner - 0 Limited 0 General
o Attorney-in-Fact 0 Attorney-in-Fact
o Trustee 0 Trustee
. . RIGHT ,THUMBPRINT
o Guardian or Conservator 0 Guardian or Conservator OF SIGNER" _
o Other" Top of thumb here D Other" Top 01 thumb here
Signer Is Representing: Signer Is Representing:
01994 National Notary Association. 6236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627
. . 7997
ExlJ/bll A IU -""~'"
/1..- SITE
,/,
I'
I
I r.\.)iill.lill R,I.I,t
TWIN PEAKS "" '''' / [g\
,
I
RANGE PARK ROAD; /
\ / /
~';50' /
~
--- ---- --~--- "
-----
- -' RATTLESNAKE CREEK
- -
ESPOLA RO,c,D
I
~'
N
POWAY ROAD
I'IOT FOR SC,;,LE
ZONING RRA
\
..-
. . . 7
. 7998
Exhibit B
The East 100 00 feet of the West 600'00 feet of the Northwest Quarter of the
Northwest Quarter of section 8, in Township 14 South, Range 1 West, San
Bernardino Base and Meridian, in the City of Poway, County of San Diego, State
of California, according to United States Government Survey
Excepting therefrom the South 88000 feet thereof
An easement for ingress and egress, public utilities and incidental purposes
along the South 30 OO'feet of the West 1270 00 feet, along the North 60 00 feet
Of the South 470 00 feet of the West 127000 feet. along the north 60 00 feet
Of the South 910 00 feet of the West 12760 00 feet, along the North 30 00
Feet of the West 1270 00 'feet, along the East 60 00 feet of the West 730 00
Feet of the South 129000 feet, along the East 50'00 feet of the Northwest
quarter of the Northwest Quarter of Section8, i[1 Township 14 South, Range 1
West, San Bernardino Base and Meridian, according to United States
Government Survey thereof
Parcel No' 321-250-08
-- - -
REQUEST TO RE~RD DOCUMENTS WITH Cc!NTY RECORDER
Requested By: Development Services Department Extension No. 4608
Request Approved By: Frank Casteleneto
Print name Signature
Type of Documerit: Private Street Maintenance 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: Tofik Mamedov and Lala Mamedova
Address: 14637 Twin Peaks Road
Poway, CA 92064
1I!iitI!}'Jt~f~iI~iiilf,~~\]Ii!/ITil!iffit;iJi~'j'8lease1"faffacJjlJ!i/a'b'e/ffor.Jaadresse'd~'eif~e/o"""e1;;abO:v:~~,;,"'~i'E,.w'ik~~Jiiit;,!m~
Please complete the following information even if it is contained in the recorded document.
Parcel No.: 321-250-08
Related Case No: MORA 04-20
Location of Property: 14637 Twin Peaks Road
Check appropriate boxes.
Notary certificate attached ~ Yes D Not needed
Acceptance stamp D Yes ~ Not needed
AcceDtance stamD must be on all Easements and Grant Deeds
Check attached ~ Yes D 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 I County 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