Private Streets Maintenance Agreement 2002-0779243
.' .
, " DOC .2002-0779243
'-
''(;
.,". ....
RECOR01NG REQUESTED BY' ) ~EP l.~~ , 2002 8:lB AM
>",..,.
CITY OF POWAY ) OFFICIAL RECORDS
) SAN DIEGO COUNTY RECOF:DER'S OFFICE
AND WHEN. RECORDED MAILTO') GREGORY J, SMITH, COUNTY RECORDER
CITY CLERK ) FEES: 19,00
.ft CITY OF POW A Y )
tWo P o ,BOX 789 )
POWAY CA 92074 )
)
No transfer tax due ) (This space forHecorder's Use)
Tax fC'arcel No. 275~240-75
PRIVATESIREET MAINTENANCE AGREEMENT
THIS PRIVATE STREET MAINTENANCEAGREEME.NT ("Agreement") dated for
referencepurposes,as cifth~ ...JirI d.~.f robe ,2002,;s entered into
between lV1ark H . and Jeanne Mikulics, ereinafter referred to as "OWNERS", and the
CITY OF POWA Y, a munidp,!I corporation, hereinafter referred'to as "CITY"
'WHEREJ\S, this Agreement is required as a condition of approval by the CITY of abuilding
permit pursuant to Section 1752.040 of the Municipal Code and Ordinance 303 and304
relative.to'construction of additions toa single family residellceat 13153 Glenn Circle.Drive
WHE.REAS, OWNERS wishes toprov;defor the maintenance and repairofthe portion of
the PRIVATE STREET fronting'their property at said address, said PRIVATE STREET
known as Glen Circle Drive; 13'153 Glen Circle Drive.
WHEREAS, OWNERS are the owners of certain real ptqperty being developed as 1.3153
Glenn Circle Drive, that will use.and. enjoy the beflefitofsuch PRIVATE STREET of the
real estate property described as follows:
Parcel A.
Lot 1 of the Cit~rof Poway TractNo 87-02, in the City of Poway, County of San Diego,
State of.Galifomia, according to Map thereof No 11992', filed in the office of the County
Recorder of San Diego County Californii3, January 15, 1988
PaJcel A 1,
Non-Exclusive'easementand right of way for ihgress..apdegress for road purposes and for
the installation, operatioll angriiaintenance ofliirater lill'es, sewerl;nes, electrical lines and
other utilities, above, beneath ahd on the,sutfaceicif all portions of Parcels 64, 59, 57, 65
and 6fLcifrecordofsurvey Map,No. 3842, filed inJhe ciffice.ofthe County recorder of San
Diego County, California Ofl February 15, 1956 designated as60 foot easement reserved
for road
ExceptingtherefrpJ'n that portion lying within parcel A hereinabove described:
.jI,,{s%~~f.l(5'C>'l- (fi o-;)-QtI
t:""
, . .
Parcel 8,
Parcel 3 of Parcel Map No ,15094 in the City of. Po:wa'y, Countyof.San Diego, State of
California; according to.,Map file(J iritheofficeofthe County Recorder of Safl Diego County
California, December 31, 1'987
Parcel B 1 ,
Non .,.,Exclusive easement and right of way for ingress and egress for road purposes and
for the installation, operatiofJ i!nd maintenance of water lines, sewer lines, gas lines,
electrical lines and other utilities, 'above, beneath and on the surface of all portions of
Parc~ls 59, 57cifrecord of survey Map No 3842, filed intheoffice of the County recorder
of San Diego County, California on February 15, 1956 designated as 60 foot .easement
reserved for road.
Excepting,therefrom that portion lying within Parcel A hereillabove described
Also excepting therefrom that portion lying westerly of thewesterlyline of said Parcel 3 of
Parcel Map 15094 and the northerly prolongation thereof
WHEREAS, iUs the mutual desire of the parties he~eto that the PRIVATE STREET be
maintained and repaired in a safe ,and usable condition,
WHEREAS, it is the. mutual intefltion of the parties that this Agreement constitute a
covenalltrunning withthe'Property, binding upon each successive owner of the Property
NOW; THEREFORE, IT IS HEREBY AGREED AS FOLLOWS
. . . .
1 H1e 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
2. Thecost.of maintaining the PRIVATE STREETshallbe borne by the OWNERS or
there heirs, assigns, and sUccessors in interest. Notwithstanding, the foregoing,
OWNERS'may seek'contributions or recompense from and by all other owners, heirs,
assigns and successors in interest who may be cibljgated under similar Private Street
Maintenance Agreemer;Jts with the City of Poway relevant to this section of private
roadway,
3 The repairs afld maintenance to be performed under this Agreement by or on behalf
of the OWNERS shall be limited to the following: reasonable and normal !Qad
improvement maintenance work to adeqUately mainti:linthe PRIVATE STREET and
any rE:ilClted drainagE:) faCiJities to permit normal access,. ingress and egress to and
ffbmthe'Prbperty Repairs and mainteflance under this Agreement shall include, but
are'llotlimit'ed'Jb, filling of chuckholes, repairing cracks, repairing and resurfacing.of
roadbeds, repairing and maintaining draina~J8 structures, removing debris,
maintaining ,signs, markers, striping and lighting, if any, and such other ~ork as is
rei3sonably nece:ssaryor'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
t.; . .
of a building permit by the CITY to construct a single-family dwelling additions
at13153 Glenn Circle Drive
5 In the event the OVYNERS retain a contractor to perform any maintenance and
obligation with 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 engineer and
their consultants'and eacr of their officials"directors. officers, agents and employees
fromand against all liability, claims, damages,loss,es, expenses, personal injury and
other costs,including costs'of defense and attorney'sfees, incurred by or payable to
any other use of the PRIVATE STREET, 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 intended, to include a review, inspeciion, 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 OWNERS to initiate repairs or construction within ninety
(90) days, UpOfl failure to demonstrate good faith to make repairs or construction
within ninety (90) days of receipt of such 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 maihtenance 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 If the CITY elects to make Ilecessary 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 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,
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 "Yith 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.
p
. ,. . .
12, This Agreement shall be governed by the laws of the State of California. I n the event
that any of the provisionsofthis Agreemellt.are,held tobeunenforceable or invalid by
any court of c,?mpetentjurisdiction, the validity and e,nforceability 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
e:6 ?''7/(j
Date:' ,
7-.2, 42- Date
Eckis, Ci ty Attorney
" CALIFORNIA ALLoPURP. ACKNOWLEDGMENT .
State of {l""I.:. .{.",,';'c>...
County of SM /),;; eo'
On .A....3...S.t 27 1..-60<. before me, ~tc-r S V../n:, tJotc..'r~ PlA.bI'G
Dale Name and Title of Oflicer (e.g., "Jane Doe, Notary ublc")
personally appeared m",r-J< 1'V1,'/<",-/ic.<;;. .J1'A.f'l"c. tV1 i 1<...1, c;J
'Name(S)ot Signcr(s)
5<:J personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that i1efflfte/they executed the
same in his/fter/their authorized capacity(ies), and that by
bisll:ler/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
~ (- ~ .~
~ ---=.
Signature 01 Notary PubliC
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:
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
[J Other' Topol thumb here o Other' Top of thumb'here
Signer Is Representing: Signer Is Representing:
01994 Nalional NolaryAssociation. 8236 Remmel Ave., P.O, Box 7184' Can09a Park, CA 91309.7184 Prod. No. 5907 Reorder: Call TaU-Free l-BOO,B76-6827