Private Streets Maintenance Agreement 2002-0184224
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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
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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
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OLi~ eoN
AamrIS~'i./ 16'O"';I~ O:1-0~
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~ . 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
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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
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CALIFORNIA ALl.PURIPO,SE ACKNOWLEDGMENT
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" Description'of..6,ttachedDocument "
, Title orType of Document: ,
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'@: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
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" 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,
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: 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.
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" Description of Attached 'Document
1 Title or Type of Document:
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i' Document Date: Number of Pages:_ I
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Signer(s) Other ThanNam,edAbove:J
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1 Capa~ity(ies) Claimed by, Signer 1
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:@,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
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005875
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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
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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
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