Private Streets Maintenance Agreement 2002-0769947
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- . DO~
2002-"0769947
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SEP 1:0. 2002 8:49 AM
RECORDING'REQUESTED BY ) Of~ICIALRECORDS
)
G'rrYOF POWAY ) SANiDIEGO,COlINTY RECORDER'S OFFICE
'GREGORY J~, SMITH, COUNTY RECORDER
) FEES: 22.00
AND WHEN RECORDED MAIL TO' 1
)
CITY CLERK ) 1111111111111111111111111111
CITY OF POW AY )
P,O, BOX 789 )
POWAY, CA 92074 ) 2002-0769947
n )
) (This,space for Recorder's use only)
This documenliiffeCts,APN 314'360-20
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PRIVATE ST,REET MAINTENANCE AGREEMENT
THIS PRIVATE STREET MAINTENANCE AGREEMENT ("Agreement") dated for
reference purposes 'as oftheisixth day of August 2ob2, is entered 'into between
Archie,J. Pavek, hereinafterreferred to as "OWNER",and:the CITY OF POWAY.
a muniCipal corporation, hereinafter referred to as "CITY"
WHEREAS, this Agreementis required as a condition of approval by the CITY of
a building permit pursuant, to Section 17.52.040 of the Municipal Code ,and
Ordinclnce 303 and 304 relative to an existing single family residence at 15045
Heattl Drive;
WHEREAS, Owner wishes. ioprovide for the maintenance and repair of those
certain PRIVATE STREET known as Heath Drive and shown on Exhibit A
attached hereto and made part ,hereof, hereinafter referred to as the "PRIVATE
STREET";
WHEREAS, Owner is the owner of certain real property that will use and enjoy
the benefit of such PRiVATE SJREET, A complete legal ,description of said real
prop~rty is included in Exhibit B attached hereto and' made a part hereof Said
reaL property is hereinafter referred to as the "Property";
WHEREAS, it lis the mutual desire of the par;ties hereto that the PRIVATE
STREET bemajntaitie,d ana repaired in a safe and, usable condition;
WHEREAS:, it. isthe':mutual intention of the partiesJhat 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
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~1J<:.(;.ess,ive' QWi]lers,of'a,fLor any portion 6f'the,Pt6pertyare expressly bound
heregy for'tlle ber:iefit<;5fthe Property
2. The cost of maintaining the PRIVATE S-(REET shall be borne by the
'OWNER or his or .her heirs, assigns, and ,successors in interest.
Notwithstanding, the foregoing, OWNERS may seek contributions or
re<;or-l)pense from and by,all other owners, heirs, assigns and successors.in
interest who m!lY ~be obligatE'ld under sl.rnilar Priv,a!e Street Maintenance
Agreements with the City of Poway ~elevant to this section of private
roadway
3 The repairs and. maintenance to be performedul]der this Agreement by or
on bebalf' of the 0WNER,shall be limited to the following: reasonable and
normal .road improvement maintenance work to adeqiJately maintain the
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PRIVATE 'STREEJand '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 chuG~hol~s; repJ:iiring cracks, repairing and resurfacing of
roadbeds, repairingalid rilai~t9ining draiDi3ge ,stfUGtures, removing debris,
maintaining signs, markers, striping and Iighting,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 obligation9Hhe QWNER as outlined herein..shi:lIl coml1)!3ncew,~1:1 the
issuance of a building permit by the CITY for a single family dwelling at
15045 Heath Dive.
5 .Iii the' event. the. OWNER retains a contractor to perform any maintenance
!'llld obligation w,ith respect to the PRIVATE STREET, the OWNER shall
require, such ,contractcw.lo 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 their6fficials; directors, offi<<ers,
agents and employees from and against all liability, claims, damages,
loslles, expenses, personal. injury a_nd other costs, including costs of
.defense,and, attorne}is fees, incurred by 6r'payal:ile.to any other use of the
PRIVATE.STREET, orto any other third parties a'fisfng outot' or in anyway
related to the use, repair or' maintenance of the PRIVATE STREET
!'JdJhir:l!;i in this AgreenlEint, the specificatipns;, or other contract ,documents
o(CITY's apptovalof.tlie plansC)fjd, ~PE'lcificatiQh~ for or inspection of the
work regarding the PRIVATE STREET fs intended to include a reyiew,
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inspection, or acknowledgment.ofa responsibility for any such matter, and
City, CITY's, engineer, and their consultants', and each of their officials,
dire.ctors;. officers, 'employees and Cjgents, shall have absolutely no
resp6t1~ibiliWof liability therefore.
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7 if in tJ:1e CITY;s sole jui:lgiTIent the, PRIVi;\TE STREET are not being
maintained to stand~rds set forth in p~!Cjg-rapo 3 2Uhi,s Agreement, the
CITY'may.tbereupoTl provide written notice.to the OWNER to initiate repairs
or cOJ:1struction within ,nil;1ety (90) days. Upon failure to demonstrate good
faith to make repairs or construction .witnin ninety'(90) days of receipt of
such notice'the OWNER agree that :the CITY may make all needed repairs
to the PRIVATE STREET to meet the standards'setforth in paragraph 3
and to then assess thec:Osts thereof to the OWNERS The OWNER shall
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reimburse the ,CITY for. all reasonable costs [ncurred by the CITY in
connection with such maintenance 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 reme,dies at law or inequity
8. Ifthe.CITY elects to make necessary repairs in accoraance with paragraph
7 aboVe, said work shall be'Without warranty -Said repair shall be accepted
"as is" by the OWNER and the without any warranty of 'Workmanship
9 The foregoing covenants shall run with the land and,shall be deemed to be
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for the.benefit oNhe'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 un(jerstood and C!greed that the covenants herein c.ontained shall'be binding
on the heirs, executors,:administrators, successors'and as~igns of the OWNER.
11 It is the purpose' of the signatory hereto that thi,s .instrument be recorded to
the end and intentihat 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 cOJ:1sented
to anq become bound by.'this Agreement.
12. This Agreemenh;hall be governed by the laws otthe State of California. In
the event that any' of the provisions of this Agreement' are held to be
unEmforceableor il)valid by apy court of comP!ltent 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 setforth hereinafter
~ Date ~ /&.,?-
ForOWNER: ' ..'. ,,~
, .Archie J Pavek
For CIT'i'OF'P0WA Y' .
,
,Date August 14. 2002
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,CALtFORNIA ALL.PURPOSE'ACKNOWLEDGMENT · ___ , ~.'
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State,bf "'w~" ~
County of ,;;sd<i/ ile~
Do ~&. ::1= b.,. m,. '
-:oate ~
personally : ppeared Jv'd,[:eJ ~
o personally known"t6.me
llJ-pT'oved to me,on the:basis of satisfactory evidence
to be the personOO,whose:name(il)'is/aFe subscribed ,to the
withininstrurTlent and acknowledged to me'that'he/si'le/ti'lBy
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'. ", CiALSEAL executedthe'S8rTle in,his/i'ler/theil authorizedcapacity(lesj,
fQ'" 'GLENO:'S,RI€fCIARDS", <ind that by hisflgerftl1.~ir'sjgnatureCll:) on the instrument the
<!l,~ _, ,N,O TAR Y,~UBUC- ,CA, UFDR',NIA~ person(~, or the entitY,:uponbehalf of which the person{M
'" -. . COMM"N01225924 '- , ,
'" SAN 'DIEGO COUNTY 'I acted, executed the Instrument.
l . _, MY SDMM. EXP JULYl~;2003
~i,jna~ure ~f Nota'ry Public
OPTIONAL
TfJough'lhe informatioiJ:belotA(i~ n~tJeqijire.d bY la,~,it may provevaluabfe.;toperSoi]sJrely;ng'on"the document andeould prevent.
fraudulenf:removaf and Ieattachment of this10rm to another document.
Description of'AttachedDocument _
"ti'~"b'.071'"~~~,', SJhb'k)b, ~d~t2.'<<, M t?~~
Document Date: ":a ' , " C.\9d " Number of pages:::#!Hvo.1"3 ,
Signer(s) Other Tban ' amed Above,: ,FM d';/~ f.g-~
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's' Name:
o Indiitidl!<il []lndividiJal
DCorJ:>orate,Officer 0 Corporate Officer
Tiii~(s V " Title( s):
o Partner -Ol!.iinited 0 Generai' 0' Rartner -0 Limited 0 General
o )l.tlorney-inCFact . , b Atlorn~y'in,Fact
o Trustee 0 Trustee
o Guardian orCohservatoi . 0 Guardian or ConserVator RIGH6:~,~~~~RINT
o OthEW Top of t~i.It'nb here' D Other: T6pofthuriib"nere
Signer Is Representing: Signer Is Representing:
C 1996 National NolaryAssoclatlon. 8236 Remmet Ave., P.O." Box 7184' ~ Park,'CA 91309-7184 pi'ocJ;' No. 5907 Reorder. Call -Toll-Free 1-8~7~~7;
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EXHIBITB
lJEGAL DESCRIPTION
'lllat pcn:1:ion of the ;Sout:heaSt Quarter of the Northwesit' Quarter ofSE!Ction 2,
~M ~;Riux.Je -2 West, Sanae.rnarci:inO Mei:'iciliul, in the, city of
P\:May, , Co,mtyof San Diego" state of California, aooordin;J to Official Plat
,t:hereOf~ desCribed as follews':
Beginnin;Jat a point; o,rt; the Sotlth line of said Southeast Quarter of' the
Northwest Quarter, , which is 281. 00 feet Easterly fran the Southwest 00=
tllereof; tlienceNortherly" pgral1el with the WeS1: line of said Southeast
QJarter of the Northwest,Quarte,r, 628 feet, more or less, to the North line
descrlbedin"i:iei!d' ..:o'JohrlC. AieOO, at ,tix, riicorcied April 9, 1957 in Book
6528, Page 272 of pfficial 'Records; th,ence along said North line, SOOth
88"09' EaSt, 609 "feet, Il'P:re ?r less, to the Northwest 00= of lan:i
d~ibed.iri deed to ~B. Mal:ben:y, etux, :recotded~t,19, 1929 in
l300k 7837, Page 277 of Official,,~rds,being' 'the'lWE, roINl' OF BEX;INtQNG';
thence alOD;j' the l:x:lun1aty;'t,heregf, ~ 22"29'53" West -ReoordSouth22"27'
'WeSt:- 203.52 feet an:i, 'sOuth 87"39'07" EaSt -'RecOrd South 87"42' ~67
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feet, more or less,G-to a lihe drawn parallel with,aOO ,25.00 feet Westerly
fran the Westerly line of. I~ d~ibe::l in deooto Hal:Vey A" Gl:'E!ets;, et,"&,
reoorded,Aprll 4, 1'1l61 Cls,File No. 57726 pf <?,ffJcialReCords;thenoe along
said parallel line, South 22",29'53" West, 17~f.eet",m5i:e or less, to the
Northeasterly line @fDeedof Trost executed by .:rClhn c. Arerd,et ,ux,
redorded March 23, 1966 as File No. 48696 oJ~ Of{iciclJ. RecOrds; thence
Northweste17ly'along sa,idportheasterlyline, 1!5? feet,moreO!;"J,ess, to an
arqle point therein; _ tl1,~' ~ along the )Xl\J1'rlary of said. Deel:l of
TJ:ust, North, 76~43'56", West, 150.00 feet; thence along, the p~l<mJatio,rtof a
portion of saidbourrlary; No~ ,lr16'04" EaSt ,tbsaidNorth 1.i,ne, of lan:i
desc:I;ibed in~to 'JOhn C. ,fu.:erd, et ux; thence along said North line,
South 88"09' ,EaSt to theTRlJE roIN!' OFBEXllNNING.