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Private Streets Maintenance Agreement 2002-0769947 ; I - . DO~ 2002-"0769947 " . 1 005637 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 ~f 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 /l,1!:::ln/~ Ii."fu-Io' lY:::J./J 7 / . . " 005638 ~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 _." ,.,.-,:. ~, . ,. .. . "' , . . , '.n .; .' ... 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, . - . - ......, ' 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. I . ,'O5~39 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 . ~~ '-"'~ --,. 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 , . 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 I 4t 4t 005640 ,,! ,CALtFORNIA ALL.PURPOSE'ACKNOWLEDGMENT · ___ , ~.' i,' l' rIA 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 -_:..- "-- .. .;;._:-- . '---' - -- -1 . . '. ", 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; . II 1\ E..x~\~,-rA 1 !-\EA"i'.. D~\lf:' '0 ~ (~R\:Yl\iC STREET) /(IU/'III"E:: 'Q .~ -~ ~ q1 f./""''''''4.$,. ,~. CD 1fII/JI6/l1C ---- l/') '" p/tIVIT 1 .~ 0 '~ - 0 Zr- ~ NOSC^r.::~ :~' . ,~ 3 ~,., ""- '~. ~ ~ ~u ~,~ ...~ ~.~ ~i ~~ ~~ P~IVAiE. ROAI> EASE"M.E.p..3T' \~ ORIVe (e I< WAre .s:rI?l!ETJ . :J(EIITflc 'ZD' ^' " " , I , . . ~t ~'-' I ~~ \ ~,tl .. ., -0 ...... l . . . . . 005642 "- 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 ,..,. - '. -- -- - '. " 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.