Private Streets Maintenance Agreement 2002-0272764
11 . Doe. 2002-0272764
....~ ~ "1
" J .
-. ,
, 'i' ,
X RECORDING REQUESTED BY APR 02. 2002 9:41 AM
CITY OFPOWA Y 02~691. OFFICIAL. RECORDS
SAN DIEGO COUNTY RECORDER'S OFtIC[
ANDWHEN,RECORDEDMAIL TO' GRE60RV J. SMITH, COUNTY RECORDER
FEES: 22.00
CITY CLERK
CITY'OF POW A Y i 1H 1j It 11111 l IIIIIIH Illmlllllllllll"11111111111~
~~ POBOX 789
POW AY, CA 92074
NO TRANSFER TAX DUE ' .. 2002-0272764
(THIS;SPACEFORRbCU!UJt"'~ u.u~J
-
APN: 321-220-15
PRIVATE STREETS MAINTENANCE AGREEMENT
TI,lISPRIMATESTREETS MAINTENANCEAGREEMENT,("Agreement") dated for reference purposes as
ofthe / '1f.hday of '(Ylo.rc.1 , 2002, is entered into between William A. Murray'an"d Vicki L.
Murray, 'hereinafter referred to as "OWNERS';, ahd the CITY OF POW A Y, a municipal corporation,
hereinafter referredto'as "CITY"
WHEREA:S, this,A~reement is required asa condition-of approv,al by the CITY of a, building permit pursuant
toSectionI7.5i'040 of the MunicipaI:Codeand Ordinance 303 and 304 relative to constructionofasirigle
familyresidelice'at 14456 Golden Sunset Lane; and
'WHEREAS, O\vnerwishes.toprovide,for the,maintenance and repair of those certain PRIV ATESTREE'FS
described and shown on Exhibit A attached hereto and made a part hereof, hereinafter referred to as the
"PRIVATE STREETS"; and
WHEREAS, Owner is the owner of certain reaJ:projJerty being developed as a singldmnily house at 14456
Golden Sunset Lane that will use and enjoy the benefit of such PRIVATE STREETS., ,1\'c<lmple,te legal
description of saidreal'property isincludedin:Exliibit B attachedcheretoand made a part hereof. Said real
property is hereinafter referred to as the "Property", and
WHEREAS",it is the mutual desire ofthe parties hereto that the PRIVATE STREETS be maintained and
repaired in a safe and usable condItion; and
WHERE1\S, it is the mutual inIention ofthe parties that:this Agreement constitute a covenant running with
the Prgperty, binding upon each successive owner,ofthe ProperiY
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS
1 The property benefited by this Agreemenl is;lhePtoperty The present and successive owners of all
or any portion of the Property are expressty'bound'hereby for the benefit of the Property
2. The cosfofmaintaining the PRIVATE STREEtS shall be borne by the O\VNERS'or his or her heirs,
assigo.s, and: succeSSOrs in interest. N?twitlistanding, the foregoing, OWNERS m~y seek
contributions onecompense from and by all,olher,'owners, heirs, assigns and successor's in'interest
who may be obligated under similar Private Street Maintenance Agreements with the City,o[.Poway
relevant to this,sectionofprivate roadway.
0v1~ ' COpvy
&'~ll{~%,\ j ~OL.j.1 ~ 62-~
':i . . 02~69-2
..
-' 3 The repairs and maintenanceto,be performed under, this Agreement by,or on behalfofthe OWNERS
- '- .' '~- ',' , - ,
shall,be liinited to the following' reasonable and normalr.oad'iJtlprovement maintenance work t9
adequately maintain the PRIVATE STREETS and anyrelated'dfainage facilities to permit normat
access,in~'ess,andegress,tband from the Property Repairs and maintenance under this Agreeinent
shail iilClude"but are norlimited'to, 'filling ofchuckliqles;repairing cracks, repaifing and resurfacing,
of roadbeds" repairing and maintaining drainage structures, removing debris, maintaining sigris,
markers,stripirig and lignting,;if any, and such,other,work 'as is,reasonably necessary or proper to
rep'air and preserve the PRIVATE STREETS for.normal.access, ingress and egress purposes.
4 The obligation of the OWNpRS as outlined herein:shall commence with the issuance of a, building
permitcby the CITY to construct a single family dwelling at 14456 Golden Sunset Lane.
5 In the event the OWNERS retain a contractor to perform 'any maintenance and obligation with
respect!o 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 inoemnify and holo harmless CITY, CITY's engineer ,and their
-, -,,", - -'. - - - , ' ,
consultants and each of their officials, dii'ectors, Officers; agents and employe~s from andagainstall
liability, claims, damages, losses, expenses, persqnal injury and other'costs, inCluding costs of
~efense and attorney's fees, iricuITedby or payable to any other use of the PRlVATE'STREETS, or
to.anybther third parties'arlsing,()ut of or in any way reLated to the use, repair or maintenan<;eofthe
PRIYi\,TE 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 tl1e
,PRlV A TE STREETS is int~nded to inClude a review, inspection, or acknowledgment ,of a
responsibi,lity for any~uch',matter, and CITY, CITY's engineer, and,their'consuttants"and,each of
their officials, directors, officers, employees and agents, shalrhave absolutely no responsibility or
liability therefor
7 If in theCITY's,sole judgmenuhe,PIUVA TE STREETS are liot 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. Upon failure to,deinonstrate
good faith to rnake repairs or consll'uction within ninety (90) days of receipt of such notice the
OWNERS agree that the CITY m~y,make all needed repairs to'the PRIVATE STREETS to.meet the
standards set forth in paragpiph 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 maintenance activities. If the OWNERS donotso 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 toinakenecessary i''''Rair~'inaccordancewith paragraph"7,~bov,eiisai5:! wor)<:shall
be without warranty Said repair shall be'accepted "asjs";'by the,OWNERSahd,the without any
waITanty of workmanship.
9 The foregoing covenants shall tun with the land and'shall be deemed to be for the benefit of the land
of each ~nd every person who shallal'any time own, all or any portion ofthe Property referred to
herein.
10 It is' understood and agreed that the covenants herein contained shall be binding on the heirs,
executors, administrators, successors arid assigns of.the OWNERS.
<
'0 . . 021693
; 11 It is the purpose of the sigmit6ry, hereto that this instrumentbe recordedto.theend and intent that the
obligations hereby created shall be and constitute a covenant running with the land and :any
subsequenl'purchaser of~llo[,~nyportion of the Property,tby acceptance of delivery of a deed
and/or conveyance, regardless,6fform, shall be deemed to have cOlis'ented to and become bound by
this Agreement.
12. This Agreement shall be governed by the laws oft.!!e St~te.ofC.alifornia. In the evenHhat anyofthe
provisions of this Agreement are, held to beunenforceable:6r invalid by any court of competent
jurisdiction, the validity arid enforceability oftheremainingprovisions shall notbe affected thereby
.IN WITNESS WHEREOF, the parties have executed this Agreement on'the dates set forth hereinafter
F",OWNERS ~,' Date,N'1./<<>l---
vAi " am. ,ay
'jh~;i{;~' ~~
I, '..L - . " . //1/1 /:l{J' Date, a~
V, c ky L. M r y' ' --- I
For CITY OF POW A
Date, ~I,;A)
,
,~. 02~~94
· CAUEORN/A?ALL-PU RPOSE ACKNOWLEDGMENT ' '
(11'
S!atem~~ ,,'~~
. "1)"
? .~ ::i!_".
..... L".,_ ...:":\", ., _ ,~- /) n
Loumy;of ,): ;d,'\j:\'<f~=,
, ~- /4-6;2- <3 ,
, Or;).~~LL." ,beforeHle,,'
,persona~y app::red'ii2j/;i1aJ)J}jtj;;;,~,;HI7~"/ L~/77~~:f .
,N7s1 ~ SJGUERIS)
"~l:lrso[jally)snown, to'me~Qfl.'~&preve0 .t 0: me ,on'tne::ba~rs,ofosati.staptorWNidelice~
. " . to:be,U1efpersvnt?)~vtfuseharlie{s)isYare subscribed
to fhe,withiiUristrumentandacknowleggedJome the..
- - - - ":' ,~ - - -I helshe/they;executed-thesame.irt !-tis/her/their-
~fj - ~"" PEABODY, autMofized'Capacity(fes),7andthatpy hislhBrYtheir
CommISSion #'1184863 , . ,. " '
~. . ,,' NOiciry, ",',"bu,' IC-c:alifam. \c:I ~ stgnature(s)'ont,he, rnstrumenlthe, person(s);pr t,~e
~" ," ~SaJl,,?i~C?.COUn1y 2Xl2, f enmxuP,O"n'b,~half ot W, hlCb the,perSDn(s).acted~.
MyCanm:ElipiesMJy25. execurecLthe mstrumenh.
", - .- - ~ ..... - -- -- -- - -- -- .
WITNESS my hand, and offitiaf'SBar:
~~0c tu?~ct0
, SlGNATurlEQFN/" . \
QP1'[ONll:L
'Though' the-daU1 ~is not r~tlt.Hfed by-bw,'ortmay pl"UViH/aluabte to". ~ ret>jing Qn the document and' could preventfraud~lent
reattachmenlotthis.fQ(m.
CAl"I\ctTY CtAlMEDSYSIGNER '[lESCRlPTIONOE ATTACHED DOCUMEN'!'-"
' ,
Fl'lffiJIViOtJAl.
v OCORPORATEOF:FIGER.
TfTLE'BR TYPE Of DOGUI,1ENT..
- -
ml..EJ;;}:
gPARThlERfS) OqM/TED
,
,.
'" . .
- 02'1.69S
" 0,
.'
EXHIBIT A
AN EASEMENT A,1';[D RIGHT OF \'IAY FOR ROAD AND PUBLIC UTILITY
PURPOSES OVER AND ACROSS A STRIP OF LAi\JD 60 00 FEET WIDE,
L'tING WITHIN THE NORTH HALF OF THE SOUTHEAST QUAF""i'ER OF
SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
AcfqORDING TO TH,E OFFICIAL PLAT THEREOF, THE CENTER LINE OF
WHICH IS DESCRIBED AS fOLLOWS
BEGINNING AT A POINT IN ,THE WEST B'lNE OF SAID ffoRTHWEST
QUARTER OF THE SOUTHEAST QUARTER, DISTANT THEREON SOUTH 000
32' 33'" EAST 196 08 FEET FROM THE NORTHWEST CORNER OF SAID
N0,RT,HW,EST QUARTER OF THE SOUTHEAsT .QUARTER, SAID POINT OF
BEGINJ::IING BEING 1'fLSO A POINT IN A L~NEDP.AWN PARALLEL WITH AND
DISTANT 196 00 FEET SOUTHERLY AT RIGHT ANGLES FROM THE N~RTH
LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER;
THENCE ALONG SAID PARALLEL LINE SOUTH 88 0 56' 04" EAST, 671 63
FEE:TTO THE BEGINNING OF A TANGENT 300 00 FOOT RAD,IUS CURVE"
COJ::lGA~~ SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE, THROUGH
A CENTRAL ANGLE OF 15:0 06' 40" A DIStANCE OF 79 12 FEF;1jTO THE
PO,INT OF TANGENCY/ THENCE SOUTH 730 49' 24," EAST, 127. 58 FEET
TO THE BEGINNING ,OF A TANGENT 300 00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY, THENCE EASTERLY ALONG SAID CURVE, THROUGH
'A CENTRAL ANGLE OF 150 06' 40" A DISTANCE OF 7912 FEET TO THE
- - .......P.(j'tlTT Of TI\NGEpC.Y, ~1-J.Tl~- ,A--L-~NE DRAWN PAPP_LLEL \^!.I-TH .n]\}D nrS~ANT --
250 03 FEET, MORE QRLESS, SOUTHERLY AT RJGHT ANGLES FROM THE
NORTHERLY L'lNE OF' SAID NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER; THENCE ALONG SAID PARALLEL LINE SOUTH 880 56' 0411
EAST TO THE WEST LINE OF SAID PARCEL MAP NO 16367 ,AND END OF
THIS EASEMENT
)
/ . .
" 02~6.96
,
, . - ..-" '
, ' EXHIBIT B
PARCELi20F PARCEL MAP NO 16367, IN THECIIY 01;.' POWAY, COUNTY OF' SAN
DIE':Go., STATE OF CALlFbRNIA';FILED IN THE OFFICE OF THE COUNTY RECORDER
OP~ANDIEGO COUNTY, JANUARY30, 1991
- -. - "'--- - - --- - - -- - -- - -