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Private Streets Maintenance Agreement 2002-0184224 ,,~ , ~\\\\\\\ lilt \tl ~ ~\t \t~\I~\\\\\\\\\\\\\\\\\\\\\r \r,-, DOC . 2002-0184224 " ~ I " 2002-0184224 MAR 05. ' ..I 2002 9:5:1. AM REGORDING REQUESTED BY ) OFFICIAL RECORDS CITY OF POW A Y ) 005869 SAN DIEGO COUNTY RECORDER'S OFFICE GREOORV J. SIIITH, COUNTY RECORDER AND WHEN RECORDED MAIL T0') ..' FEES: 28:00 " CITY CLERK ) CITY OFPOW AY ) P 0 BOX'789 ) POW A Y, cA 92074 ) No transfer tax due APN 277"130"05 PRIV ATE STREET MAINTENANCE AGREEMENT THISPRIV A TESTREET MAINTENANCE AGREEMENT ("Agreement") dated for reference purposes as of the 31 st day oOanuaJCy, 2002, is entered into between Jeff and Chris Mangum, hereinafter referred to as "OWNERS", and the City of Poway, a municipal corporation, hereinafter referred to as "CITY" WHEREAS, this Agreement< IS required as a condition of approval by the City of a building pennl't pursuant to Section 17.52.040 of the Municipal Code and Ordinance 303 and 304 relative to construction of a single family addition to a single family dwelling at 18111 Old Coach Road, WHEREAS; Owner's wishes to provide for the maintenance and repair of those certain. Private Street described and shown on Exhibit A attached hereto and ,made a part hereof, hereinafter referred to as the "PRIVATE STREET", WHEREAS, Owners are the owners of certain real property that has been developed as 18111 Old Coach Road that will use ,and enjoy the benefit of such Pri",ate Street. A complete legal description of said real property. is included in Exhibit B attached hereto and made a part hereof. Said rea1'property is hereinafter referred to as the "PropertY", WHEREAS, it is the mutual desire of the parties hereto that the Private Street be maintained and repaired in a safe and usable condition; WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with the Property, binding upon each successive owner ofthe Property NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS 1 The 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 the benefit of the Property " OLi~ eoN AamrIS~'i./ 16'O"';I~ O:1-0~ , I, . . ~ . 005870 2. The'cost of maintaining the Private Street shall be bome'bythe Owners or his or her heirs, assigns, and ,successors in interest Notwithst,ar:lding, t)J,e 'fwegoing, Owners may seek cQntributions or recompensefTol11,!nd by all other owners, heirs, assigns and successors in interest who may beobligat~d under similar PrIvate" Street Maintenance Agreements'with the City of Po way re\(;;vanHto this',section of private, roadway 3 The repairs and mainte)1ance to' be performed un4er, this Agreement by or on behalf of the Owners shall be limited to 't~e following,reas6ii.ab1e and normal road improvement maintenance work to adequately .maintain the Private Street and any related drainage facilities to peimit normal access"ingress and,egress to and from the Property Repairs and maihtenance under this Agreement shall incliJde,. but are not limited to; filling of chuckholes, repairing cracks, repairin.g and re~urf<lcing of roadbeds, repairing and maintaining drainage struetures,,removing debris, maintaining signs, markers, striping ahd light,ing, if any, and such, other. work as is reasonably necessary or proper to repair and preserve ,the Private Street'for hormal access, ingress'ahd'egress purposes. 4 The obligation of the Owners as outlined herein shall cOl1}lllence with the issuance ofa building permit by the City to construct an addition to asjngle family dwelling at 18111 Old Coach Road. S In,the eventtheOwnerSTetain a contractor to perform any maintenance, and obligation with respect to the Private Street" the Owners shall require:suchcontractorto maintilinliabi1ity insurance to cov.er any liability arising as a result of its 'aCtivities with regard to such maintenance activities. 6 O~ners shall defend and indemnify and hold .harmless' City,. City's engineer .and their 'consultants and each of their 0'ffba1s, directors, officers, agents and employees from and against all liability" claims, damages, losses, expenses, personal injury and other' costs, including costs of defense ,and' attomey's fees, incurred by or payable to any other use of the Private Street, 'or to any other third parties arisil1gout.of orin any way related to the use, repair or maintenance ,of the Private Street. Nothing in this Agreement, the specifications, or other contract documents or City's approval of the plans and specifications for or inspecticnlof the work regarding the Private Street is intended to include a review, inspection, or acknowledgmer:lt of a responsibility for any ,such. matter, and City; City's engineer, and their consultants, and each of their oftlciais, directors, officers; employees and agents, shall have absolutely no responsibility or liability therefore. 7 If in the City's sole Judgment~ which,judgmeht shall not be exercised unreasonably, the Private ~treet are not 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, failllre to demonstrate good faith to make repairs;or construction,withm ninety (90) days ofreceipt of such notice the Owners ,agree that the City may make all needed repairs ,to the Private Street to meet the standards set forth in' paragraph 3 and to then assess the costs thefeofto the Owners. The Owners shall ryimburs~ the City for, all reasonable costs Incurred by the City in connection with such malrit(:hai1ce activities. 1fthe, OWNERS do n6Fso, reimburse the CITY within thirty (30) days after:City's:demand, theh City may pursue,all ofits.remedies at law or in equity i . . 0-05871 " 8. If tlW City elects to make ne,cessary repairs in accordance with paragraph 7 above, said work shall be without warranty Said repair shall be accepted "as is" by the Owriers arid the without any Warranty. of workmanship 9 The foregoing covenants shall run'with the land and,shall"be deemed to be for the benefit ofthe land of each and eyeryperson who shall at any time own all or any portion of the Property referred to herein, 10. II is understood and agreed. that the covenants herein ,contained shall be binding on the heirs, executors, administrators"successors and assigns ofthe Owners. . . 005:87.2' 11, it is the purpose oftheosignatory hereto that this instrument be recorded to the end and intentthatthe I gbligations 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 consented to and become bound by this Agreement. 12. This Agreement shall be governed by the taws of the State of California. In the event that anyofthe provisi'ons of this Agreement. are ,held to be unenforceaple or.invalid by any court of competent jurisdiction, the validity and enforceability ofthe remainihgprovisions shall not be affected thereby IN WITNESS WHEREOF, the parties have exe ed thisAgreemerit on the dates set forth hereinafter For OWNERS. Date, 1-3/-0:2. Date, 1-3/-0';< For CITY OF POW A Y Date, Z - Z.S- -l') L . . . 005873 . CALIFORNIA ALl.PURIPO,SE ACKNOWLEDGMENT ~~_ _ .._ _ 'n _ .,. p . __ ,", ' _ _ . ." .... _ _ ~ ~_ _~., ,,-, l' 'I : State of California " I }. ss. County of v!k*--JIj)1~ ": [ , : on{jrUUlCIApj.3~ lO~~efore me, ': " !/ 0 Ie , ~' ",me ,,' TIlIeo' "', [e,9.. 'J"e Doe, "ol,~ Po'lio') , , personally appeared -8't '-1'J'7fl...1rp#V, , Name{s),oISigner(s) I , ~ersonfllly ~nown to me: , D. proved to me on the basis of satisfactory I' evidence' I I' ,I " to be the person(s) whose name(s) is/are : subscribed, to the within instrument a~d , acknowledged to me that he/she/they executed , the samE! in his/her/their authorized , ~ _ _ _ _ _ ,__ _. _' "", _ _ ~ capacity{ies), and that by his/her/their , "@'.,. " CHRIS:i~E"LYN"N, .ISEN slgna~u,!t;!(S) on the',lnstrum, ent the person(s), or : ",' ~~I:" CjOmmlSSI<>n# 123,859~ '!: the entity uppnbehalf of which the person(s) ii' ,...,;..;:,:; No my P~blrc, COJlfOOllC ~ actedexetuted'the instrument. I f' .,'. ' San Diego Couniy l ' I , ", MyCOO'lm.ExpiesOcl18.2lXl3 I __ ,.. _ __ __ ,,;......;.' __' _". ~ ~- -:..- W NESS-my hand and official seal. , ,,). , ,. ,: /)~ I, PlacE! Notary Seal Above Ignat of Notary Public , " ,OPTIONAL I' Thougn the information below,is:noi:required by law, it may prove'va{uabJe to persons relying on the,document I and could prevent fraudulent 'removal and reattachment-of lhi's form:to another document. I " Description'of..6,ttachedDocument " , Title orType of Document: , , , I' Document Oate: Number of Pages,' , Signer(s) Other Than Named Above: I' 'I , 'Capacity(ies) Claimed by Signer' I' Sjgner's'Nam~:, 1 : 0 1~c:Jividu.~I",' , T6p:fthumhhere" :;.. , 0 Cdporate Officer,-- Title(s): " 0 Partner ~n Limited 0 General , IiJ Attorney:in Fact " 0 Trustee I. 0 G~a;djEIn or C"onservator I' ,.....-.- __d, o Other' " " , I. 'Signer Is Representing: 'I I, 'I , " '@:1997 National Nola!)' Association 9350 De Soto Ave ,P,O. Box 2402 Chatsworth,CA 91313-i~-2 Prod. No 5907 Reorder: Call TolI~Free1-ilOO.;:876-~?~.7 , · . 005'874 CALlFORNI4 AL.:L.PURPO,SEACKNOWLEDGMENT _ '- "'.-.-.'_ __. '. '0. _, ,.... -I.. _. 0 "'., .-, _... ~ ,_ ...,..'.. .,. . . ~ ,._ . _.' ''', .~ -'~ , , " State of California } , o dlg ss.' , County of , Ul ~, 'ftk-: " : onF'/J~~ ~~ef6re me, UdAl;z;;/z/)- : D , ~N'm"od TI of ffi I,' 'I , personally appeared , 'vlIA-> .1J'hyU-Ifl, --/ " I, , Name(s)of Signer(s) 'I : )tperSonallyknown to me " D, proved to, me on Ihe basis of satisfactory' " evidence " " to be the person(s) whose name(s) is/are " subscripe.cf to the within instrument, and: , acknowledged to me that he/she/they executed, I, the same in his/her/their authorized " 1 capacity(ies), and that by his/her/their : J -~ - - ~;I;;~ L,Y-NJIS;N -I Signat,u~e(s) on the instrument the per,son(s), or , _ .,'.' commiss,ion,'#, 12385"C98, ,z' the entity, upon behalf of whrchthe person(s) 1 ~ ~ :'<' Notary Public, Calitomlci Ii' acted, executed'theinstrument. 21 -, . ' - , ~ Son Dlego'County f ,I , ',. ,Mycomm"8~6dia2O.l31 .....-.-- -- .... -- .- .-- - - .1 I' 1 I Place Notary Seal Abo~e ,I I' 1 : OPTIONAL Though'the information below is not required by law, it mayprove,Va!uable to,persons relying on the document !, and could prevent frauduJ~I1t'r~moval and reattachment, of this form to another document. I, " Description of Attached 'Document 1 Title or Type of Document: " i' Document Date: Number of Pages:_ I I' .j " , Signer(s) Other ThanNam,edAbove:J , 1 1 Capa~ity(ies) Claimed by, Signer 1 (, ~ign~r's Name: 1 :: 0 lt1aiviql,Jal Top'ofthumb:here ,I o Corporate Officer ~ Tltle(s):, I, 0 Partner - 0 Limited 0 General " o Attorney in Facl 'I 1 0 Trustee' I, 0 Guardian"or Conservator 1 ''', -~ ,. 1 0 Other', 1 I Signer Is Representing: 'I, , !. ,] ~: - -. ~ :@,1997NationaINt;llaryAssoeiation 9350 De SotoAve., P.D: Box 2402 Chatsworth"CA 913'3-2~2 Prod. No 5907 Reorder: Call Tarr F~,e F800-876-f!~27 . . , . 005875 , EXHIBIT A MANGUM ROAD MAINTENANCE AGREEMENT N PROJECT SITE 18 17 19 20 (2) 6 90 AC PM5890 PM5890 Easterly half o,f @ 2 48 AC ACCESS ROW (5) aCCess :road from nor-thwB5t corner I PAR 2 2 50 AC of porce I 2 to /0 @ PAR I PAR 2 southwest corner of parcel 2 / 2 52 AC 7 44 AC ~ CD 2 48~ / 2 50 AC PAR 3 t"-..... I , PAR I /(0 ~ @ 2 50 AC / ", / 2 51 AC ~ PAR 4 PM5920 I PM5890 . " 'j~~0~;;;:';;"t''';-#-~~'''N~-f.t~ij.':?~~. .!~~.~\t~.~:,:~~_ . . '. '\,. . , EXHlBlTB :: 1 MANGUM ROAD MAINTENANCE AGREEMENT 005876 PARCEL A: Pai'ce.l 2 as sham on a Parcel Map file:J. in Book of Parcel Maps at Page 5920, in the Office of theCguni::y ,Recorder",f ~:Dle9o. CcRmty, on May 12, 1977, being a portion of the, Northeast Quarter oftlie Northeast Quarter of Section 19, Tc:M1ship 13 South, RanJe 1 West, San Bei1ia:t'clirio Meridian, in the city of R:Wciy, County of San Diego, .state of California, a=rciin:J to united states Governinent SUl:vey. PARCEL B: An ease:rrent for road 'p.u:pOses over aniacros,s a strip of lani 60.00 feet in width ly:i:n:J within the ,Northeast Quart& of the Northeast Q.Jarter of Section 19, 'I'c1wiiShip 13 Salth, Rcu:ge i West, SaJ1~, Base ani Meridian, in the County of San Diego" State of CalifoD)ia,;a=rciin:J to 'SanBeInardino .Base ani Meridian, the center nne of said strip being described as fOllCMS: Beginning at the Northeast. corner of ParCel A hereinabove described; thence Salth. 89'14'37" West, 1367.69 feet to th~, Westerly line, of the Northeast Q.Jarter of the Northeast Q.Jarter ,of said Section 19, Said ease:rrent to terminate Easterly in the Easterly line of said Section 19 ani to terminate Westerly in the Westerly line of said Northeast, Q.Jarter of the Northeast ~. EXCU'l'lliG'IH:E:REFR:M that portion lyirx] within Parcel A hereinabove described. . PARCEL c: An ease:rrent for road:~ over ani, across;a strip of lani 30.00 feet in width lyirx] within the Northeast Q,Iarter, of the Northeast,Q.Jarter of Section 19, Tc:M1ship13 Salth, Ral'Be1 West, San~, B:lse arxl. Meridian, in the County of San Diego, State of California" 'a=rciin:J to united states Governrrent SUl:vey, the Easterly line of said Strip being the Westerly line of Parcel A hereinabove desCribed. EXCU'l'lliG 'IH:E:REFR:M the Northerly JO.OOfeet'. 9/20/88 ael