Private Streets Maintenance Agreement 2002-0472359
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,- ...... 2002--Q.472359
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RECORDING REQUESTED BY , JUN 04. 2002 8:34 AM
CITY OF POWAY OFFICIAL' RECORDS
, SAN DIEGO COUNTV REIllRDER'S.OFFlCE
004:006
AND WHEN RECORDED MAIL TO' . , GREGIIRV J. SIUTH, COUNTVRECORDER
FEES: 22.00
CITY CLERK
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CITY OF POW A Y -11111111111111111111111111~/111111111111111111111111111111111111111-
PO'BOX 789
POWAY, CA 92074'
~~ NO TRANSFER TA.XDUE
2002,0472359 'E
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\Q PRIVATE STREETS MAINTENANCE AGREEMENT
THIS'PRIV A TE STREET:S MAINrENANCE AGREEMENT ("Agreement") dated forreference purposes as
"oftqeL. day of t.\.I\.'\ ,2002, is entered into between J 1:.\'\"1 S"f\-~"\)
~1\ 'l., ,,~c S t \'..... \ . hereinafterreferred to as
"OWNERS"; and the CITYOFPOWA Y, a municipal corporation, hereinafter referred to as "CITY"
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WHEREAS, this Agre,ement is reqUlredasa condition of approval by the CITY pursuant to'Section
17.52.040 and Section 12.20.060'ofthe Municipal Code relative to:subdivision of three lots for Tentative
Parcel Map 96-0 I
'WHEREAS, OWNERS wish to provide for the maintenance and repair Qfthose certain PRIV ATE.ST}UOETS
described a,nd shown on Exhibit Aattached hereto and made a part'hereof, hereinafter referred to as ,the
"PRIVATE STREETS";
WHEREAS,'OWNERS are the owners of certain real property being deve10ped as Tentative Parcel Map 96-
o I that will use and enjoy the benefit of such PRIVATE STREETS. A'completelegal description of said real.
property is included in Exhibit B attached hereto and made a partchere6f. Said real property is hereiriafter
referred to.as the'''PROPERTY'';
WHEREAS, iUs the.'mutuaLdesire:ofthe.parties hereto that the PRIVATE STREETS be maintained and
repaired in a :safe and ,usable conditi.o.n;
WHEIZEAS, itis,the.mutual intention:ofthe.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.
I The property benefited~y 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, The cost of maintaining the. PRIV ATE STREETS shall bebol}1eby the OWNERS or his or her heirs,
assigns, and successors ,ih .interest. Notwithstandihg, the foregoing, OWNERS may seek
contributions'or recompense from. and by allo,ther owners, heirs, assigns and successors in interest
who"may be obligated under similar Private StreeiMaintenanceAgreements with the City of Po way
relevantto this section of private roadway
o QJg ) C.Of':l ,
1.0;1. _OlIO 154 d-1S'oy'jq {);)-OJ':;
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. 004007
3;, Tii~,reRairs a.nqmaintel)ance to~e performed under this Agreement by or ol),behalfofthe OWNERS
shall be limited ,to the following: reasonable and normal road iniprovementmaintenance work to
adequatelY.'niain!a.inthe PRlYATE:SmETSandanyreIa.ted drainage facilities to permit normal
access,.ingress and egress.to'and from,the Property Repairs and'maintenance under this Agreement
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shall inClude"butiireriotlirriited to; filling ofchucklioles, repairing cracks, nSpairingandresurfacing.
qfroadb,eds, repairingan~main.taining drainage,strl;tc!tIres"rernoving debris, maintaining signs;
markefs; 'striping,aridllghtirig,ifany, and such othH,'workas is.reasonably necessary or proper to
repair and preserve the PRIVA TE,STREETS for normal' access, irigress'and egress purposes.
4 The obligation of the O\VNERSas oUtlined herein shall commence with the .issuance of a
constructicm permit by the citY to construct private road'improvementsfor Tentative Parcel Map
96,01
5 In the event the OWNERS, retain a contractor to perform 'any ,maintenance and obligation with
respect to thePRIVA TE STREE'fS, the OWNERS shall require such contractor to maintain liability
insurance to cover any liabiliryaiising 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
,consuitants and each oftheir,bfficials, directors; officers, agents'and employees fr'om and against all
liability, cla.ims, damages, losses, expenses, personal.,injury, and other costs,: including .costs of
defense'arid attorney's fees, incurred by or payable to anYotheruseofthe PRIVATE STREETS, or
to any other third parties ar(singoJ1t of or in any way related'to the use, repair or maintenance ofthe
PRIVATE STREETS. Notliingiii,this Agreement, the specifications,.or othercontfact documents'or
CITY's approva.l of the phns and specifications for or inspestion of the work.regarding tile
PRIVATE STREETS is .intended to include a review, inspection, or acknowledgment of a
responsibility for any such,matter"and CrIT, CITY's engineer, and.their consultants"and each of
their officials, directors, officers, employees and agents, shall have absolutely no responsibility or
liability therefor
7 If inthe CITY's sole judgmerit the,PRIV A TE,STREETS ate-not being maintained to standards set
forth in paragraph 3 of this ,Agte,ement, the CITY may thereUpon provide wriiten notice to the
OWNERS to initiate repairs or construction withinninety (90) days, Upon failure to demonstrate
good,faith to make repairs or construction within ninety (96) days of receipt of such notice the
OWNERS agree that theGTYmaymake all needed repairstqthe PRlVATESTREETSto meet the
standards set forth in paragraph 3 and to then assess the costs thereof to the OWNERS,. The
OWN'ERS shall reimb"rse the , CITY for all reasonablecosts'ihcurred by tile CITY in connection
with suchmairitenance activities. Ifthe OWNERS db.not so. reimburse the CITYwithiri'thirty (30)
days after CITY's demand, then CITY may pursue all of its remedies atIaw'or inequity
8 If the CITY elects to makenecessaryITpairs in accordance with p,aragrilph'7 "bove"saidwork shall
be without. warranty Said,repair shall be accepted "as is'! by the OWNERS and the without.any:
warranty of worlananship,
9 The foregoing.covena.ntsshall run with the land and shall be deemed to be for the ben~fitof.the land
of each and every person who shall at any time own'all or. any portion oftheProperty.referred to
herein..
10 It.is. understood arid .agreed that the covenants herein contained shall be binding on the heirs,
executors, adminisirators,'successors and assig!ls"of the OWNERS,
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II It'lsilie,pllrppse,ofthe:signatory hereto that this instrument be,recorded to the e.ndand inteni'ihatthe
obligati9n~- hereby created, shall be and constitute a covenant running with the land and ,any ,
siilJseqllerttptirchiiser of all or aiiyportlon of.the Property, by acceptance of delivery of a deed'
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andlorconyeyance,regardless OffOnni shall be deemed toha~econsented to and become bound by
this Agreement.
12. Riis:Agreement shallbe,govemed by the laws of the State ofC~lifomia. In the eventthat any ofthe
provisions of this Agreement are,lield to be iinenforceable:;or invaiid by any court of competent
jurisdiction, the validity anQenfor~eability ofthe remaining provisions shall not.be affected thereby
IN WITNESS WHEREOF:, the parties.haye executed this Agreement onthe dates set forth hereinafter
F",oWNERs ~ ,
Date: J/~ 7'31.
DateS-;~/~ ?
Ct$/lf d1J / (~) j <J ~~l)
For CITY OF POW A Y
Date: 5/2 '/t))
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004009
CALlFORNIA:AL:L.Pl:JRPOSE ACKNOWLEDGMENT
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, County of C'\ Dtee 0 .
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On (Y'\Mt1o, ~D;;), . before me. SlIeUie ~. yjorrelL Alo{ar1t Pl.Lblj c.
Dale Name and Title of Officer (e.g., "Jane Doe, N tary Public")
, personally appeared 0Erf"j a.n C'I. k\ f'\r\f\. SVll u'" S
I, Namels)of Signer(s)
... 1.- .;H;~E;';'~'.-, - ~ ~.~p~~~:~al:~ I~:,,~~t~:;\asis of saIisfactory
I ~. Commission t# 1223093 po.
~, NotarY Public _ California ~ eVidence
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MyComm. ExpiresJun 30;2003 to be the persor@ whose nam~ is/~
-- -- .. .- ..... - - - - -_. . subscribed to the within instrument and
a cknowledged to me that hel5keSexecuted ~..'
the same in flisfAer/@ authorized .
capacity(~ and Ihat by hfflI+terl@ ,
signature(:ilfon 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
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Place Notary Seal Above Signature of Notary Public
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OPTIONAL ~
I, Though the information below is not-required by law, it may prove valuable to persons relying on the document
I, and could preventfraudulenf if!moval and reattachment of this form to another document
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Description of AltaChed~cument
Title or Type of Document: ~tJ ~ ~, (]f1If)~ .
Document Date: ~. fp. ,;J.OO~ Number of Pages: 3,
Signer(s) Other Than Named Above:
,
, Capacity(ies) Claimed by Signer @
I Signer's Name: 8'
o Individual Top of ttlurnb here ~
D Corporate Officer;- Title(s):
" D Partner-D Limited D General
, D Attorney in Fact
o Trustee
o Guardian or Conservator
D Other'
Signer IsRepresenting:
~;.<,:; -~'<..:.<.,.'<..:.<.,.'CV~~'C(;,'C(;,'g<,;,'9V'gV~'9<;.'g...'C4.,.'C<,..'C4.,."'G<.,'OV._~
e 1999 r>!al>onal Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworth. GA91313-2402 'www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll Free 1 800.8766827
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EXhibit A "PRlV ATE STREETS"
004010
An easement for ingress and egress for ro?d purpq~es over a strip of land 40 00
feet in width lying wi thin the Southeast Quarter of the Southeast Quarter of
Section 32 and the Southwest Quarter of the Southwest Quarter of Section 33, in
Township 1; South, Range 1. West I '~an Bernardino Base and Meridian I in the County
of San Diego, State of California I according to Official Plat thereof, the center
line of sa~d strip being described as follows
Commencing at the Southwest corner of the Southeast Quarter of the Southeast
Quarter of said Section 32; thence alon~ the Southerly line of said Section 32,
North 89047'40" East 161 47 feet to the Southeasterly corner of land described
in Parcel 1 in deed to Gilbert C Miller, et ux, recorded February 4, 1957 in
Book 6442, Pag~ S02 of Off icial Recordsi thence along the Easterly boundary of
said Parcel 1 of Miller's land as follows N01;"th 10042'4011 East, 113 04 feet to
an angle point therein; North ,21047' 20" East 129 99 feet; North 18027'20n West,
90 S9 feet; North 0104'1"5011 -East 184 75 feet; and center line of Eastvale Road
which was declared to be a Cou~tyHighway on December 20, 1966 by Resolutlon No
63 of the Board of Supervisors of San Diego County and recorded January 6, 1967
as File No 2549 of Official Records, said terminus being the TRUE POINT OF
BEGINNING; thence S'ou th 89041'30" East to the Westerly line of Parcel 1
hereinabove described
Said easement to terminate Westerly in the Easterly boundary of said Miller's
land and to terminate Easterly in the Westerly line of Parcel hereinabove
described 1
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004011.
Exhibit B"PROPERTY"
That portion of the Southwest Quarter of the Southwest Quarter of, Section 33,
Township 13 South, Range 1 West, San Bernardino Base ,and Meridian, in the County
of San Diego, State of California, according to Official Plat thereof, described
as follows
Commencing at the Southwest C9rner of said Section 33; thence along the Westerly
line of said Section 3'3" North.Olo37'35" East 323 11 feet; thence South 66001'10"
East, 195 27 feet; t-hence North 33023'1011 East 16.9 60 feet; thence North
81036'00" East, 157 58' .feet to the Southwesterly corner of land described in
Parcell in deed to Leonard E Weitz, et UX, recorded May 21, 1959 in Book 7674,
Page 549 of Official Records and being the TRUE POINT OF BEGINNING; thence along
the boundary of ~aid Parcell of Weitz's land, as shown on Record of Survey Map
No 6023, filed in the Office of the County Recorder of San Diego County, March
21, 1962 as follows': North 12035'10" East, 198 3.7 feet; .South 89041'30'" East
41 86' feet North 69018'3'0" East 357 15 feet.; North 78055045[1 East 129 28 fe~t;
North 86011' 00" East, 151 '43, feet; and North 75053" 1511 East 226 49 feet to the
Easterly line of the Southwest Quarter of the ,Southwest Quarter of said Section
33; thence along said Ea~~er~y line South 01037'3511 West, 432 53 feet to the
Southeasterly corner of said Parcell of Weitz's landi thence along the Soutnerly
boundary of said land' as shown, on Record of Survey Ma~ No 6023 as follows South
77023'00"-West, 512,,14 feet" to an angle point therein and being a point herein
designated as Point llX"; ,North 480'49'3011 TNest, 10214 feet; North 85044'45" West
106 84 feet; North 71057'4511 -W~st, 131 15 feet; and North 78059'30" West, 98 35
feet to the TRUE POINT OF BEGINNING