Private Streets Maintenance Agreement 2002-0213033
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dlrl ' i RECORDING REQUESTED BY :MAR 13. 2002 4: 22 PM
"/ > CITY OF PowAy lfFlCIAL RECORDS
I (SAN DIEGO COUNTY RECORDER'S OFFICE
to AND WHEN RECORDED MAIL TO: GREGORY J. SMITH, COUNTY RECORDER
FEES: 22.00
CITY q.ERK
CITY OF POWA Y
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NO TRANSFER TAX DUE 2002-0213033
'L I 'S;b 8 ~<.. (lHl::;,sPAce rUK KnLv.!V-'cl'.:? USE)
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PRIVATE STREE;rs MAINTENANGEAGREEMENT
THISPRIV ATE STREETS MAINTENANCE AG,' REEMENT, ("Agreement") date~r rpifrepce purposes as
ofthe .i?S! da of ",'" , " . , 002, IS entered mto,between..1:lOu~ 1<.L-OMIl~ ,
~. : ' ,Ie. Trus,r- heremafterreferred to as
"0WNE ", and the CITY OF POWA " minunicipal corporation, hereinafier referred to as "CITY"
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WHEREAS"thisAgreement is required as a,condition of appro :val by. the CITY of a buildingperrnitpilrsuant
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to$ectioii 17:5,2.040 oft~~ MU!1icipal,C?de:,mdOrdinancej303,and,,304 ietative to constniction of a single
famijyreside!1ce ai' 15750 Blue Crystal Trail; and' . , '
W:HEREAS,Owner wishes to prqvid,e.for the maintenance ans! repair ofthos,e certain PRlV ATE STREETS
described and shown on Exhibit A attached hereto ana made a part hereOf, hereinafter referred to as the
i'PRIVATE STREETS"; and
. WHEREAS, Owner is the owner of certain real property being developed as a single family house at 15750
Blue <:::rystat Trail that will useanq, enjoy 'the benefii of such pRIVATE STREETS. A comphete legal
descriptioll of said real property'is,lncludedin Exhibit Battached hereto and made a part hereof. Said real
property is hereinafter referred to. as the "Property", and
WHEREAS, it is the mutuat ,desire tof the parties hereto that the i>Riv ATE STREETS be maintained and
repaired in a safe and,usable condition;.and
WHEREAS, itis the, mutual intention of the parties,that this.Agreementconstitute a covenant running with
the Property, binding upon each successive owner ofthe;Property
NOW, THEREFORE, IT IS HEREBY AGREED AS FoLLOWS,
.1 .., ~:r;]1e 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 ihe benefit of the Property
p ~' i .
2. Thec.o.s.tQfl1}aiI)J~j12ing!h~ ~~y ATE STRFE::r.~i~h~lkb-" gor:n,e 1?Xi~he.o\YNEIWor ~i~ .or her heirs,
assigns, and. s4ccessots in jriterest. ~otwithstari<;lif1g,:jthe, foregoing" OWNERS may. seek
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contrib)ltions or recompense'from andbyall.other owners, heirs, assigns and successors in interest
who,may be:obligated under, similar Private:StreetMaintenance Agreements with the City of Po way
,.reievarirto thissection:ofprivate roadway ,
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. 15511 .
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j' The n~pairsandmaintenance to'be,performed under this Agreement byoron behatf ofthe OWNERS
shall be limited ,to .the,following' reasonable and normal road improvement maintenanceworkto
adequately maintain the PRIVATE STREETS and anyrelateq qrainagdacilities to permit normal
access, ingress and egress to and from the Property Repairs and.fnaintenance under.this Agreement
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shall include, but are'notlimitedto, filling of chuckholes, repairing cracks, repairing andT~surfa~ing
of roadbeds, repairing and ll}aintaining drainage structures, removing debris, maintaining'signs,
markers, striping and lighting, if,any,and such otheT'work as is reasonably necessary or proper to,
repair and preserve the PRIVA TE'STREETS for normahccess, ingress and egress purposes.
4 The obligation of the OWNERS as, outlined herein shall commence with the issuance of a building
permit by the CITY to construet a'single famitydwelling at 15570 Blue Crystal Trail.
- 5, ~ -'In'the'eventfthe;'OWNERS'retain acontraclor to perform any maintenance'and obligation -with
respect to the PRIVA TESTREETS, the OWNERS ,shall require such contractor to maintain liability
insurance to coveranyilability arisingas'a result of its' activities with regard to such maintenance
activities.
6. OWNERS shall defend ~n,d in,qemnify and hold harmless CITY, CITY's engineer and their
consultants and each of their offjcials, directors, officers, agents and employees from and agamst all
liabitity, claims, damages; tosses; expenses,person,al injury and other costs, including costs of
defense and ~ttomey'sfees"incurred by or payabieto.anYother use of the PRIVATE STREETS,or
to any othhthird partiesarising,outofor in any way related to the use, repair or maintenanc~ofthe
PRIV ATE'STREETS. Nothing.in this Agreement, the specifications, or other contract documents or
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CITY's approval of the ptansand 'specifications for or inspection of the work regarding the
PRIVATE S~TREETS is intencied to include a review, inspection, or. acknowledginentof a
responsibility for any such rilatter"and'CITY"CITY'serfgineer, and their consultants, and each'of
their officials, directors"officers, employees and agents, ,shall have absolutely no responsibility or
liability therefor
7 Ifin the CITY's solejudgmentthe PRIVATE STREETS are not being maintained to standards set
forth in paragraph 3 of this Agreement, the CITY may'thereupon provide written notice to the
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OWNERS to initiate repairs or construction within ninety (90):days. Upon failure to demonstrate
.good faith to mal<e repairs or construction within ninety (90) days of receipt of such notice the
OWNERS agree thaHhe'CITY maY make all needed repairs,to'thePRIV ATE STREETS to meet the
standard~ set forth 111 paragr!,p~,J i1nd to then asse.ss the coststh-ereof to the, OWNERS. The
OWNERS shall reimburse the:CITY for all reasonable costs incurred by the CITY in connection
withsuch maintenance activiiies. If the OWNERS do not so reimburse the CITY within thirty (30)
days after CITY's demand, then'CITY may pursLieall of its reme_dies' at taw or in equity
8. Ifthe.CITY etectsto make necessary repairs in'accordance with paragraph 7 above, said work shall
bewithout\VarrantySaid repair shall be accepted "as'is" by the OWNERS and the without any
warranty of workrrianship.
9 Thectoregoing covenants shall run with the land:and shall be deemed to be for the benefit ofthe land
of each and every person who shall at any time oWIl.all or any portion of the Property referred to
herein.
10. lt is understood and agreed that the covenants herein contained shall be binding on the heirs,
executors, administrators, successors and"assigns'6fthe OWNERS.
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Pi It is the purpose Clfthe sigt1~tolY'.bereto that this instrument be recordedt6.the end and iriterit that.ihe
obligations hereby created" shall be and constitute a covenant nmning with the land an,d 'any
subsequent pUrchaser of all or ,any portion of the Prop~rtY;, by. acceptance of delivery,ofa deed
and/or conv:eyance, regardless,ofform, shall be deemed to, have, consented to and become bound by
this Agreemerit.
12. This Agreement shall be governed by the lawsofthe:Stateo{Galifomia. In the event thai any ofthe
provisions of this' AgreemenJ afe,heJd to be unel.lforceaole'or invalid by any court ,of competerit
jurisdiction, the validity and enforceability of the rerruiiriing.provisions shall not be affected thereby
uted this Agreement on the dates set forth hereinafter
, , ~ Date, :JbY);O-
For OWNERS'
Date, '2\2.0 ~Q'L
For CITY OF POW A Y
Date: :3 Ir/o 2-
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CAl,lFQRNIA AL;l.PURPOSE ACKNOWlEDGI\IIENT
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I," personally appeared , T g..1
I" 'V'"lAS Name(s)ofSigner(s) I
~ ~ersona"y known to me - OR-D proved tome on the basis oU;atisfactory evidence to be the person(s) 'I
I', r whose.name(s)J./are subscnbed to the within Instrument ",
I' and acknowledged to me that Re:31,II:they executed the 1,1
~ same'in ~/their authorized capacity(ies), and that by ~
~ ~r/their signature(s) on the instrument the person(s). ~
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: ,_ " ,'~~c~~I~" " executed theinstrument.:
@". ~ ,'No\f:O:;-=.~', ' WITN SS my hand and off ial seal. ,I
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~ OPTIONAL:
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, Though the information below is not required by law, it may prove vEi/uable.topersons refying on the document and could prevent
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~', fC,aUdU',ent removal and reattachment of this, form to-another document.
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: Description of Attache~~cul11 nt o.
~ Title or Type of Document: -tr, .diri
~ Document Date, ,g! D\ 'R'I 0;;) Number of Pages:
Signer(s) Other Than Named Above, ~L..Jl;l. tl. bJo n-f' -
Capacity(ies) Claimed by Signer(s)
Signer's Name, Signer's Name,
o Individual 0 Individual
o Corporate Officer d Corporate Officer
Title(s), TItle(s),
o Partner,- 0 Limited 0 General 0' Partner - 0 Limited 0 General '.
o A/toiney,in,Fact 0 Attilrney'in'Fact ~
o Trustee 0 Trustee :'1
o G.uardian.or Conservator 0 Guaraian or Conservator 'I
o Other' Top 01 thumb here 0 Other: Top of thumb h~re ,I
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S,igner Is Representing' Signer Is Representing' 'I
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:@:1995'NalionaINotaryAssociatiofl.,8236 Remmel Ave.,F.O. Box 7184' Canoga Park. CA 91309-7184 Prod. No,-S907 Reorder: Call-Toil-Free'1-800-876-6827
. 15'514 .
EXHIBIT A
AN EASEMENT 60,09 ,FEET IN WIDTH, FOR ROAD AND UTILITY PURPOSES PER DOCUMpNT
NO t998,0762336, RECORDED N0VEMBER 24, 1998 IN OFFICIAL RECORDS OF SAN DIEGO
COUNTY; STATE OF CALIFORNIA.
AN EASEMENT 60,00 FEET IN WJDTH,FOR ROAD AND UTILITY PURPOSES PER DOCUMENT
NO t998,0849204, RECORDED DECEMBER 28, 1998IN'OFFICIAL RECORDS OF SAN pIEGO
COUNTY, STATE OF CAiIFORNIk
AN EASEMENT40.60 FEETIN WIDTH, FOR ROAD AND UTiLITY PURPOSES FOR DOCUMENT
-NOc-'"1999,6658'332,RECORDED~FEBRUARY' t,uI999-IN,OFICIAL REGORDSOF SAN-DIEGO -- ---
COUNTY, STATE OF CALIFORNIA.
AN EASEMENT60 00 FEET IN WIDTH, FOR ROAD AND'UTILITY PURPOSES PER DQCUMENT
NO 1999,0061454, RE€ORDEb FEBRUARY 2, t999 IN OFFICIAL RECORDS OF SAN DIEGO
COUNTY,STATEOF CALlFORNIk
AN EASEMENTi60,00'FEET IN WIDTH, FOR ROAD AND,UTILITY PURPOSES PER DOCUMENT
NO 1999,0061455, RECORDED FEBRUARY 2, 1999 IN OFFICIAL RECORDS OF SAN DIEGO
COUNTY"STATE OF CALIFORNIA.
EASEMENTS FOR ROAD ,AND UTILITY PURPOSES, PER DOCUMENT NO 1999'0061456;
RECORDED FEBRUARY 2, 1999 IN OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE,OF
CALIFORNI'A.
,AN EASEMENT 60.00 FEET INWIDTH, FOR ROAD AND UTILITY PURPOSES PER DOCUMENT
NO 1999,0061457, RECORDED FEBRUARY 2, 1999 IN OFFICIAL RECORDS OF SAN DIEGO
C0UNTY,STATE OF CALIFORNIA.
EASEMENTS FOR ROAD AND UTILITY PURPOSES PER DOCUMENT NO t999,0061458,
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RECORDED FEBRUARY 2, .1999 IN OFFICIAL'RECORDS OFiSAN DIEGO COUNTY, 81' ATE OF
CALIFORNIA
AN EASEMENT 60.00 FEET mWIPTH, FOR ROAD ANBUTILITY ,PURPOSES PER DOCUMENT
N0: 1999,006t459, RECORDED FEBRUARY 2, 1999 IN OFFICIAL RECORDS OF SAN DIEGO
C0UNTY, STATE OF CALIFORNIA.
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r, EXHIBITB'
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THAT PORTION OF THE NORTHWEST QUARTER OF: TijEjS()UT!:!,WEST QUARTER OF SECTION
9, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO B1\SE AND MERIDIAN, IN THE
CITY OF POW AY, COUNTY OFSANDlEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY THEREOF, LYING EASTERLY OF THE FOI;l.OWlNG
DESCRIBED LINE.
COMMENCING AT THE WEST QUARTER CORNER OFSAlD SECTION 9 AS SHOWN AND
DESCRIBED ON RECORD OF SuRVEY MAP NO 8938, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID'COUNIT ON FEBRUARY 18, 1982 AS FILE NO 82,044724 OF OFFICIAL
-RECORDS;THENCE,AlONG,THliNOR THERL Y-Ln-iE0FcSAIDNORTHWESToQUp..Rl'ER OF-THE -
SOUTHWEST QUARTER OF SE(3T10N9"NORTH89059\;29" EAST 689.24 FEET (NORTH 89023c48"
EAST RECORD) TO THE TRUE'POINT, OF BEGINNING;, THENCE'SOUTH 02~56'27"EAST 1308:43
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FEET TO THE SOUTHERLY LINE, ,OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 9
TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF i'lECTION9; TOWNSHIP 14 SOUTH, RANGEl WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF PoWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS
FOLLOWS.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9 AS SHOWN AND
DESCRIBED ON, RECORD OF SURVEY MAP NO 8938, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY ON FEBRUARY 18, 1982 AS',FIL.E NO 82,044724 OF OFFICIAL
RECORDS, THENCE ALONG,THENORTHERL Y LINE9FTHE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 9, NORTH 89"59'29'; EAST 1311.55 FEET (NORTH
89023'48" EAST 1311 78 FEET RECORD) TO THE NORTHEAST CORNER THEREOF, BEING THE
TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89059'29" EAST 400.00 FEET
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ALONG THE NORTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION9;THENCESOUTH 22"07'46" WEST 1414.37 FEET TO THE SOUTHWEST
CORNER OF SAIDN0RTHEAST:QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9;
THENCE NORTH 05?47'16" EAST QlCi,,83 FEF;,TALONG, THE WESTERLY ,LINE OF SAID
NORTHEAST QUARTER OFTHESOUTHwESTCiuAkTEROFSECTION 9 io TH'E TRUE PONT. OF
BEGINNING.