Road Construction and Maintenance Agreement 1990-039256
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Recording requested by
CITY OF POWAY
A'fter'recording return to:
CITY CLERK
CITY OF Po\.JAY
P.O. BOX 789
Po\.JAY, CA 92IY64
Bt:ING :RE'-RE:C0RDED TO CORRECT lEGAL DESCRIPIION:'
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ROAD CON~;TRUCTION AND ~iAINTENANr:E AGREEMENT
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The purpose of this Agreement is to pruvjde adequat.e roadways wlth,i_n the City of
Poway and maintenance of same. This Agreement is executed by the parties her,ein
~~ 6 condition of ~pproval by the City of Powa~, taB dev~lopment project as
defined in SeCtion 21065 of the Public Resources C?de and will run with"the ,land
in perpetuity as a covenant. upon the property des-ciibed' herein. The standard
for improvement will be that standard set forth by the Poway City Council. If
no standard is specifically set forth by ssid Council as a condition of approval,
of the project, saidstandar;;d ,!:L11 be those set, fOFth by the regulatory or dinan-
cesof the 'City of Poway. The construction described herein shall be accomplished
prior 'to final approval of the project herein by the City of Poway.
\.JHEREFORE, the undersi.gned 'lgree as [ol.l.ows:
1.., PARTiES AND, PROI'ER'J'i. The pan i cs Ilereto arc those pFoJlerty owners who
'hlive,"c)(eclI'tcr!, ;t~hJ.B ^gI'c'diI0"ll-L' .'111](1 LII~~tr il(~i rs, (~x(XIII.~)rS, (](11ll:L11':istrut:nrs, [1:38:i,gI18.
and, \successors' i.n int.erest, 'upon all Of v:hom tlh.:3 Agreement shall be bind,i,ng.
The City of Poway shall not be deemed a party hereto, hut shall be deemed a
,beneficiary. The realty he':1d 'by each party is identjcfied 'by tax parcel number
'adjacent to the Signature, ,,('saj d party. The legal description of the parcel
;upon ~'hich" ~the project :r~' ~}~jcated is sel fort;h ~n ~.~hip:i;t "A", attached hereto
and incorporated herein. The status of property Eor'"l1putposes, ('i.'e'.., }im~
proved" unimpl<oved, etc.) shr:l':Ll be determined CIS G.f ;the fi rst Monday in March
of each year.
2. ROAD. 1,'he r:oa,dway, ",h"lJ he, that road"ay established by the City of
Powav' astlje roas!wE!Y ,hest suit,ed ,to provide acc.eso for the City emergency,
\fehjcles ansi/or. City p,r()jects (w"ter, sewer, etc.,), The locabonof said
road,.,ray' ,-?hW1J- be witbin the seLle d.i.'::>~re't:~.C?r~_ ot l-h~_ Ci~y.. Qf PO\V<JY as: ,8 con'-
di't-'i'on "dE 'sp'rf.oviJl ;.0 f the. d(~v_s-d.<?pm6ri ~'. Pf0.-n~c;:_t-;:~ Th~' 'c19S.CT:i'P t-;'on 0 f the road
which is the slibjccl of th:L; Agi:;CCIllClll: .is <1l:UlchcCl hcrcl:u as "Exh:illj,l: "13",
on map shown as "Easement", and made a part hereoi.
'3. ,CONSTRUCTION AND ,ROUT,INE':MATNTENANCE. The cost of construct,ion,
cap:ital, imj5i6\fE",jen(S' anil/6i Toptj'I1Ei:'in~in,tenanc,e T~sulting f.r()m'ordinar.y ;"ear "
ana teaT ,~hidlbeboi'rie by. thepal'ties iri accol'diinc'e' ,wi th the following formula:
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E x,h i bit " A "
Pa~cel~ 2, 3, & 4 of Pa~cel Map 14596, Poway, CA
Known a~ 17033, 17041, & 17049 Coyote Court~ Faway, CA
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Exhibit "B"
Parcel A:
The Northerly 40.00 feet of Parcel 4 of Parcel Map No. 14596 in
the city of Poway, County of San Diego, State of California,
recorded in the office of the Recorder of San Diego County on
December 24, 1986 in Book of Parcel Maps at page 14596 as File
No. 86-609206.
Excepting therefrom that portion of said Northerly 40.00 feet
defined as delineated on said Parcel Map No. 14596 as "Old Espola
Roadll .
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Parcel B:
The Northerly 40.00 feet of Parcel 3 of Parcel Map No. 14596 in
the City of Poway, County of San Diego, State of California,
recorded in the office of the Recorder of San Diego County on
December 24, 1986 in Book of Parcel Maps at page 14596 as File
No. 86-609206.
Together with that portion Q,f said Parcel 3
No. 14596 being more particularly describec
of said. Parcel Man
as follm-is:
COITlne71cing o.t. t..""1e l'Jort.hea.3t CLlrner of 52i:1 E3.rcel 3; thE:;tL_:=:,
South 1011'5411 \'.jest along the Easterly line thereof 52.46 feet t:,
the intersection with the arc of a tangent 41.00 foot ra~ius
curve conca\Te Northerly a radius to said point of intersection
bears North 36022! 4011 V.Je,st, s aid point 0 f intersection being the
True Point of Beginning; thence, Southerly and Wester'l~ along the
arc cf said cur"\Te through a central angle of 82053'5111 a distar1ce
of 59 J2 feet to the beginning of a tangent 30.00 foot radius
reversing curve conC2"2 Southerl], 2 radial to sairi. point bears
North 460Jl'11J1 EC'..sti thence, Northerly and ~\jesterly alcDS the
arc of sai~ curve through a central angle of 45013'591' a distance
of 23.68 feet to the point of tangency with a line being 40 00
feet Southerly of, at right angles to the Northerly line of said
Parcel 3; thence; South 88042'4811 East along said line 75.44 feet
to the TPUE FOINT or BEGINNING.
Parcel c:
A portion of Parcel 2 of Parcel Map No 14596 in the eit1 of
Poway, County of San Diego, St~t~ of California, recorded in the
office of the Recorder of S2.n D~ego county 00. December 24, 1.986
in Bock of F2rcel Ha~s 2t rage 14596 as FilE No. 86-609206 bE;-in'~
mare particularly desrribed as follows
Beginning at the Northwest corner of said Parcel 2 of s3id Pa~2el
M~p No 14596, tt~rce; South lC~1'541' West along the Westerly
line thereof 52.4b feet to the intersection with the arc of a
ta.ngent 41.UO foot radius cur.ve concave WesterlYr a r~di 1 to
said point of inb~.c~ection beaTS North 36022 401! v'Jest., i=.clPnce:i
Northe2sterJy an~ Northerly along the arc of s~id cu~~e through a
cRntr~]. anglE of 310J1'5511 a distance of 58.34 f~2t. to the
intersecLion with the tiortherlj line of sai.d Parcel ~ a r3dial to
said point of int..t:'rsection bears No:cth 62005'25" East, t.llenc2i
North 3.804214811 We3t along said Northerly line 10 82 feet to ttle
P8int of Beginnins
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PaJ::ce 1 D:
A portion of Parcel 1 at Parcel Map ~o. 14596 in the City of
PO'day, County of S3.n. Dieso, St2te of California recorded in the
office of t~~e Recorder of 52.;1 Diego County on Decemher 24, 198f
i_TI Book of Parcel Maps at page 14596 as File No. E6-609206 being
more parti=ularJy described as follows:
CurrL:.:~encins at the Soutbe2.st co:.:ner of said Parcell of s2id
P2.reel I"i2.? [-;0. 14596, t~'Lence; Nc::th SSC~2'481' vle~t 3.10::'<; the.
SouthE~rly line thereof 113 5.J feet to the True Foint of Eeginni~~
bei~q al~8 the intersecti~~ ~:itn a ta~;CJ1t 4l OC feet rajiu~
cur'7e ccrcave SOl1tE\....esterly, 2. r2c.ial to said point of
intersecti:J::' beays Nr)rth 6200:' I 2:11 E2St, thence; No:ctnerly 2T:.d
~'ester11 along the 2rc of said cUr~Je through a central angle cf
10680211211 rl dista!lCe of 75.83 feet to the Begi~ning of a
reJersirg 30.00 foot radius curve, co~cave Northwesterl~, the~ce;
Souther1! and Westerly alon} the arc of said curve through a
cerlt~al angle of 4501315911 2- c.ista.nce of 23.68 feet, to the
irtersection with s2id Southerly line of said P2rcel 1, thence;
SOl~th 8~c42143" East along 52i5 southerly line 86.20 feet to the
True Po'int of Beginning.
Fc.:::-cel E:
F___11 cf Gid Espola Foa::: as Sh0;,~'Tl on P2.reel Nap no. 145?6 l~ t:.i1e
Cit1 of P8~ay, Count] of San Diego, State of Californi2, recor~ed
in the ofrlce or the Pecc-x:der of Sar: Diego County on [:ecem~,-o.r 2~,
1926 i_n E8Gk of Far~el M2~S at F3ge 1~596 as File No. 86-GCg20E
lyi~"; Easterly 2n~ S.:Juthe~ly of t~le ~';est.erly 2nd Ncrt:herly line
()f r;aLcel d of ~3id P2r:el M~~ No 1~~96.
_-,~_-c;-c::.,..,? Lh~ret':",rn c.~i:" porticn 0: s:::.'i:5. Old Espn1a Fcac~ l~ -l:n~
Scutl-,::rl, cf t~~e SOu~~rl~r -~~ Li..:l2 C~ s:=..ld Pa:cC'eJ 4 of sa.i2 F2_rc,::~.i
Ha~' [-,:1 1 -4 S ri 6 .
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3. a. A priv,ate road not provid'ing, 'access to public roads in
both direc.tions is analagous to any road terminating
in a cu-l-d:e~sac. Given such' circumsances, all, parties
tr.Elv~r.sing any portion of the prtvate road shall bear.
eqii'irtly in t:he 'cost of any cons,tr,ucion, maintenance and
i'mpr,ovement of the roads as described in exhibits" ,A "
and" B " of th,is Agreement.
b. The formula for calculating the cos't, of any constr.uction,
nfain,tenance Or impr.overit is apportioned as 33 1/3 % each
,based ,oil the three ,par,cels as described, in exhibits" ,A "
and" B " of this Agreement.
4. EXTRAORDINARY n~m~ge: It shall be the obligation of each
pa,rty "heret,o:, .t-oma'ke and pay for all repairs to road , and to
all r.elated struc,tures (;dr.ains, gutters" fences, etc.) 'when
same have been damaged by the extra ord,inary use of such
party or his age,n,ts or em,ployees. Exampl>es of extraordinary
use are damage caused by heavy equipment ( 1 ton or over. )
such as might lie' caused during construction,. Ordinary use
of said road w4-llbe for passenger use and vehicles or use
by tr.ucks 3/4 ton or less. Or.dinar.y use shall be that grad-
ual and over. a per.iod' wear.,ing caused by normal wear and tear.
Ektraordinar.y uSe i~ causing immediate damage with any vehicle
or any damage caused by a vehicle not defined within or.dinar.y
use traffic.
5. Initiation and Management of Repairs:
a. Any sys,tem tor. ,'acnlevement ot repai'rs and payment of costs
whi'ch, i'n the year, in question, is agr.eeable to the majority
of p~rtiesishall be the system uti~ti~d. Tbe majority will
be any two of the three par.ties o~riing land as described in
exhibits II A " aDd fI B ".
b. The Majority ,may initiate and manage a ,program of r.oad
maintenance, or related maintenance, such a~ gutter.s, etc.
The time and effort ex,pended by par.tieshereto in such man-
agement shall not ,be compensated. AIL other costs i'ncurred
s'hall be shared' in accordance with the above formula.
c. Achievement of the majority consensus respecting maint-
enance shall be evidenced by a wr.itten statement, s4gned by
parties pu'rpo['~i'l1g to. constitute s,u"h rep;re,sentation. A
copy sh",I'1 be sent to the'a.dd're's~' o'f each. 'party, as, 'shown
'on 'the, latest tax"s;;'e~:sor' s r,oll, ait .lea.st t,wo we:~k':s prior
to' ,the' commencement of ahy wo-rk ocr the incutri'lig bf ~n;'Y-
'maint-eJi'a-hc'e .C'DSts,.
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6. l\l:MINIS<NII.TION OF cosTs. The property owner or owners initiating
repaiI's 9r caf)ital 'improvements shall .ee in, "harge of making the payments
required for the work of irrq:>roverrent. It shall "be incumbent upon all property
oWners t.o contribute to the generaL fUndt.o be used for maintenance or capital
,improvanent in accordance with the point. ci::rnl?utations referenced ahove.l>.fter
t.he actUal expenditure of, foods by any owrie'r or group of owners such parties
shall ,1:Je ent.i.tled to 'as(>essalI other parties to this l\greement in accordance,
with the formula set forth above. Said assessment notice shall clearly specify
the expenditures, the piirJ;:ose 'for same,H arid the methcx:!' of calculation. Upon
rec!,!ipt of any such notice of af!sessment, the ass~(>ed property owner shall have
'ten days in which to dispute the assessment. Failure to resolve the dispute
shall be 'remedied by arbitration as set forth hereunder. emission by any
assessed property owner to give notice in writing within the ten days of his
dispute of the assessment ;'shall conclusively be deemed his consent to same.
When any asse~sment shall have become final, it shall be'due within 20 days of
that dat.e. It shall be an obtIgation collectible by law through all legal pro-
ceSs.
7., ARBITRATION. Any dispute arrong any of the parties to this l\greement
respecting the interpretation of the l\greement or the 'application of any,ot its
teims or the action taken by ,any party in accordance therewith, shall be settled
by arbitration pursuant to the:Civil Code.
8. FIND:rn8. The City of PCMaY finds that failure to maintain private road,
to standards pr~ribed .9Y law adversely impacts upon the health, safety and
welfare of, all residents thereof. The City further finds that inadequately main-
tained private roads ,present potential hazards to emergency vehicles and other
vehicles in the course of City business and as such are, a public nuisance.
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a. Therefore, if in the City's sole judgement said private road !las not
been maintained to specifications set forth pursuant to City Ordinances
or other stan,~ds applicable to this l\greement, the City will
thereupon, provide written notice to all parties to this l\greement to
initiate repairs or,construct.ion within t.hirty (30) days. Should said
parties fail to demqnstrate good faith to make repairs or construction
at the expiration of the thirty (30) days the City is further E!!1pbwered
by this l\greement" to make all needed repciirs to said road and/or
construct said road to meet current' City' st.aJ;ldards then established by
'the Pdway City council as ,standards fortheherein-described "oadi an?
to then asse,ss costs to all property OWners to this l\gr"eeirent. - Such
asseSsment will I:ie establiShed in conforn>ance with the point system
contained herein.
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b. l\nyproperty owner failing to ,make~yment., 'to the City for costs
inCur'red pw::suant to Section (,0 withih sixty (60) days of. reCeipt, of a
billing" frcm the City shan be deerrect -in uateria.I ,breach' oithe
ag'reement. The City'shall thereupon'be ,entitled tocarrilehce ;1iti:gation
in any court of' canpetent jurisdiction for the recovery 6fall <if said
costs. In the event of such litigation, the City shall be further
entitled ):0 the recovery of its attorney fees and legal costs reaso-
'nably incurred therein.
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(U!84)
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c.
Propertyowner(sl shall inaemnlfy and hold harmless City, Cit~~22
Engineer,;, and their consultants,ano each of their officials, directors,
officers, agents and employees from and against all liability, claims,
daiTages,' losses, expenses, anci,oth~ costs, inc'luding costs of defense
ahdatt()rney's fees, arising oiit'6f or resulting fran or in connection
with the perfonnance of the work, both on ahd 6ff the job-site, and
during and after c'Cm,pletion, provided that any of the foregoing: n is
attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of property including the loss of use resulting
therefrom, and 2) is, caused in whole or in part by any act or omission
of property owner, ,any contractor, any subcontractor, any supplier,
anyone directly or indirectly ailployed by any of them, or anyone for
whose acts or omissions any of them, may be liable. Nothing in the
P.greement, the specifications or other' contract documents or city's
approval of the plans and specification acknowledgment of a respon-
sibility for any such ,matter, and City, City's Engineer, and their con-
,siiltants, and each .if their officials, directors" officers, employees
anir:ag~ts, shali have absolutely no responsibility or liability there-
for.
d.
If City is required to make necessary road repairs in aCcordance with
subparagraph (a), above, said work shall be without warranty to property
owner, his agents, or assigns. Said repair shall be accepted "as is"
by said own~s without any warranty of Workmanship. Said' repair shall
be guarantee<! aI)d i!:ldemnified by property 'owner ,in accordance with sub-
paragraph, (c).
9. C0VENP.NT ~UNNING WITH IAND. This p.greement shall be deened and is
.intended to run with the land and be, a restriction upon said property, shall be
binding 'upon and inure to the beriefit of the undersigned, hiS/her/their heirs,
personal representatives', successors and assigns, forever or until such time as
the said pd vate road shall be dedicated to arid a=epted for use asa public
street or .tDoroughfa~e ,by:municipal government lawfully exercising jurisdiction
over said private' road.
10. RECORDING OF, ;AGREEMENT. It is the purpose of the signators hereto that
this, instrument ,be recorded. to the end and intent that :the obligation hereby
created shall be a res't,ri..Ck,ion' upon and shall be se;ured by the said property
ahdany, :subSequenttransferee'thereof, bya=eptanc~ of. delivery OE a~gn9t9r
conveyance of the said' property shall be deemed. to have consented to and I::lecarE
bound by these presents, including without limitation, the right of any person
entitled to enforce the tenns, 'of this lI.greement to enforce the r~triction
therei~ creat.e(I,such remedY f:o be!CUIn\llative and in addition to all other rare-
dies at ,law ()r 'in- equity.
ll.. StJBS'Ei;)uENr usERs. In, the event that a party (parcel) 110tqrig:il1ally
contanplatedby 'this 'l\grearent: gains" access.tp said private road, that party
(parcell shall be required to sUbscribe to this Agreement. Should any parcel
contemplated by this Agreement be split into multiple parcels (two or rrore) each
newly cr~te4,pap;:e.l shall thereupon be .oblJged'underj:hisl\grearent and incur
its r:ortj.on of mainteIlance; costs as set forth by the poin!;system h~e!n.
( 11/84)
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IN WITNESS WHEREOF, the parties hereto have executed this
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Agreement on the dates set forth hereinafter:
Tax Assessors Number 273-820-21, 22,
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OW~ERS P.J. SCHMIT DEVELOPMENT, INC.
Type or Print
Type or Print
Signature
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(Notary Acknowledgmen~ attached) (Each owner shown on Grant Deed
must sign)
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ACCEPTED:
CITY OF POWAY
by~ b(k;;;l~
Aproved as to form:
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Ci y Attorney ,
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(11/84)
Page 7 of 7
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CAT NO..NN00737
TO 1945 CA (8-84)
(C~rporation)
} SS,
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STATE OF CALIF9RNIA II -
_ COUNTY OF ,,4/1/7) MdtffO
On - I.
'Said State, persona Iy appeared
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the (1 ,/,).{,f)/J-(o t:L~
President, and '
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
- Secretary of the Corporation
that executed ,the within instrument and acknowledged
to me that such corporation executed the within instruw
men! pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand and official seaL
go TICOR TITLE INSURANCE
before me, the undersigned, a Notary Public In and for
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Signature
_ OFFICIAL SEAL
. ANDREA B. MATRANGA
: NOTARY PUBUC - CAtFOIlNIA
SAN DIEGO COUl11Y
, ." MyComm.ExoiresOee,25,1993
(This area for official notarial seal)
, .r. .
,;~ .; DON HIGGTh,TSON, Mayor
]A,'1 GOLDS~IITH. Dq>UIY Mayor
LI!:{DA. B~'JNON. COUncilrnember
BOB EMERY, Councilmember
CARL R. KRUSE, Councilmember
4L:ITY OF POW ~
TO:
FROM:
County Recorder
P.O. Box 1750
San Diego, CA 92112
poway City Clerk
DATE:
SUBJ ECT:
May 23, 1990
Road Construction and Maintenance Agreement - Re-record
P.J. Scbmit Development, Inc.
* * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Please record the enclosed origi.nal of the above referenced document and return
it to the City Clerk's Office. This document was originally recorded as
90-039256 and is bei.ng re-recorded to correct the legal description on Page 2
and to add "Exhibit B." Enclosed are two checks which amount to $23 for the
recording fee. Please return a conformed copy in the enclosed self-addressed
envelope.
Thank you,
~on~~
Administrative Secretary
For
Marjorie K. Wahlsten
City Cl erk
/ml
Enclosure
cc: Engineering Services Department/Barbara
City Hall Located at 13325 Civic Center Drive
Mailing Address: POBox 789, Poway, California 92064 . (619) 748,6600. (619) 695-1400
CITY OF POWAY
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Recording requested by
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After recording return to:
'l[:;~'" L l YLE
CD:.<"-!~TY !J~o~t)E3_j
CITY CLERK
CITY OF PO\vAY
P.O. BOX 789
POlvA Y, CA 92064
BEING RE-RECORDED TO CORRECT LEGAL DESCRIPTION
"EXHIBIT A" mD ADD ',[)(HIBIT B"
For recorder's use only
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ROAD CON~;TRUCTION ,AND MAINTENANCE AGREEMENT
The purpose of this AgreemenL is Lo provide adequaLe roadways wi thin the City of
Poway and maintenance of same. This Agreement is executed by the parties herein
as a condition of approval by the City of Poway, to a development project as
defined in Section 21065 of the Public Resources Code and will run with the land
in perpetuity as a covenant upon the property described herein. The standard
for improvement will be that standard set forth by the Poway City Council. If
no standard is specifically set forth by said Council as a condition of approval
of the project, said standard will be those set forth by the regulatory ordinan-
ces of the City of Poway. The, construction described herein shall be accomplished
prior to final approval of the project herein by the City of Poway.
IVHEREFORE, the undersigned Jgree as l:o.l.1.O\,s:
1. PARTIES AND PROPERTY. The pan ies hereto arc those properLy owners who
Mave execul:ed thi.s ^grecl1l<..'IIL nlld tlle,ir Ilc.irs, {'XeclIl:ors, ndlllil1islrnl'ors, n.ssjgJ1s,
and successors in interest, upon all of ,'hom thi:, 'Agreement shall be bind,ing.
The City of Poway shall not be deemed a party hereto, but shall be deemed a
beneficiary. The realty h,,1d by each party is identified by tax parcel number
adjacent to the signature 9[ said party. The legal description of the parcel
upon which the project lS located is set forth in Exhibit "A", attached hereto
and incorporated herein. The status of property for all purposes (i.e., im-
proved, unimproved, etc.) shall be determined as Gf the first Monday in March
of each year.
2. ROAD. The roadway shall be that roadway established by the City of
Poway as the roadway best suited to provide access for the City emergency
vehicles and/or City projects (water, sewer, etc.). The location of said
roadway shall be within the sole discreLion of th~ City of Poway as a con-
dition of approval o[ the development project. Th" description of the road
which is the subject of thJs Agreelllellt ,j S <1l.:Lacllcd hereto ~lS "Exh:i bit "13",
on map shown as "EasementU, and made a part hereof.
3. CONSTRUCTION AND ROUTINE MAINTENANCE. The cost of construction,
capital improvements and/or routine maintenance resulting f.rom ordinary wear
and tear shall be borne by the parties in accordance with the following formula:
. ,~
CITY OF POW A Y
DON IDGGINSON, Mayor
IAN GOLDSMITH, Deputy Mayor
LINDA B~~ON. Councilmember
BOB E.t\1ERY, Councilmember
CARL R. KRUSE, Councilmember
May 23, 1990
Glenn Graves, Account Executive
South Coast Titl~ Company
2667 Camino Del Rio South, Suite 1D7
San Diego, CA 92108
Dear Mr. Graves:
Enclosed please find your cbeck in the amount of $21.00 that you left witb me
for the recording of the Ro~d Construction and Maintenance Agreement for P.J.
Schmit Development, Inc. W, have finally gotten "Exhibit B" of that agreement,
and P.J. Schmit bas submitted a check for payment of the re-recording; there-
fore, 1 am returning your'~betk. Thank you for your belp, I really appreciated
you trying to get this matter corrected.
Stncerel,y,
~C5fJ~
Mari e Lofton
Administrative Secretary
For
Marjorie K. Wahlsten
City Cl erk
Enclosure
City Hall Located at 13325 Civic Center Drive
Mailing Address: POBox 789, Poway, California 92064 . (619) 748'6600, (619) 695,1400 -
.
.
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StJBJECT:'Rocd J--'klV\~0AGi1'\C\J, Ac,\E{),yw?v.J
DATE: .5/I7I~o
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a. ~private road not providing access to public ,roads in both directions
is ill1alogous to any road terminating in a, cul-de-sac. Under such con-
ditions, property owners nearest ,the sole public access road will not
have occasion to use the full course of said private road. Given such
circumstances, fairness dictates that only those 'property owners can-
monly traversing a portion of the private road shall be made to bear
the cost of maintaining that portion of the road. Therefore, construc-
tion, improvement and maintenance costs of portions of the road Used
only by certain persons, because situated further fran the road
entrance and beyond the property perimeters or boundaries of other par'"
ties, shall be borne only by those parties.
b. Construction improvement and/or maintenance of the road by all parties
who use the road in ,c<mron shall be a.llocated in accordance with the
following point system:
(1) Each party autanatically is allocated 10 points by virtue df
ownership of any size of undeveloped' land to which access is pro-
vided by ttie road. For each acre of land (rounded to the nearest
acre) 1 point' shall be allocated.
( 2) For each acre (rounded to the nearest acre) of land developed for
grove use, an additional point shali be allocated.
(3) For a residential structure or reereational structure which is
used not more than 30% of the time, 10 additional points.
(Housing for agricultural workers shall not be deemed a
"residential structure." ~ manager's or foranan's residence shall
be deemed a "residential structure").
(4) For a residential structure which is used more than 30 percent of
the time, 40 additional points shall be allocated.
(5) For any vehicle 1 ton or over, registered to the a.mer of any par-
cel and used by same over any por,tion of said road for any period
of time, 5 points.
c. Example 1 of thefonnula: l\ssumethat the road fran starting point to
owner A I S' farthest boundary of land fran said starting point is 65 per-
cent of its length; fran there to B and C's farthest bo1.lOdary is 35
,percent of its length; fran that point, the epd of the road, D's pro-
perty begins. ~ has 20 acres of unimproved land. B has 40 acres of
unimproved land. C has a 20-acre grove with a full-time residence. D
has .10 acres of unimproved land. Cost of construction (or repair) of
the entire road for the year in question in $10,000; repair of the
gate is $2,000.
B 40 ac I
D
~Ol>J) 10 ac I
~ 20 ac r
c 20 ac
(11/84) Page 2 of 7
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Solution tb'Example:
(see graph}
Co."t, Oftbe gate and 65 percent of the road is shared by ail. Thirty-five
percent, of 'the ,road 'cost" is ,shared only by 'B,'C, and' D. Ratio of sharing is,
determined ,by the following pClint of allocation:
Owner llil I\.cres
I\. 10 ,20
B 10 40
C 10 20
D 10 10
Grove
Res
TOtals
20
40
30
50
9'0
20
Total Points 190
As to $8,500 of the cost: (65 'percent of road, and 'gate)
I\. pays 3 Q/l9.OJhs 9r $ 1342.10
B pays 50/190ths, or $ 223~.84
C pays 90j190ths or $ 4026.31
D pays 20/190ths or $ 894,75
1\5 to $3,500 additional cost: (JS'percent of road)
B pays 50j160ths or $ 1094.00
Cpays 90/160ths or $ 1969,20 ~:f ~
D pays 2()/160ths or $ 437.60 ~.':.; ;'
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d. Example 2 of the fonnula: l\ssume the road is a, through road. That is,
it.may be traversed iilboth directions by-any abutting p,t"operty own~.
'i\ssume the SaIl!€! status of the property for pOint purpbsed 'as in Example
1.
B
'40 ac
D
10 ac
~AD
.I'
1\ '20 ac
,
C
20,ac
(IlI84\)
Page 3 of 7
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Solution toEXaiilple: (-see graph)
Owner, iUl I\cres Grove Res Totals
-
1\' 10 20 30
B 10 40 50
C 10 20 20 40 90
D 10 10 20
Total Points 190
As to the $12,000 cost:
1\ pays 30/190ths
B pays 50/190ths
co: pays~~9/1-20ths
D'pays 20/190ths
or
or
or
or
$ ,1894.73
:$ 3158.00
$ 5684.40
$ 1263.20,
4. EXTRAORDIN1',RY DI\MI\GE:. It shall be, the' obHgation, of each party
hereto to make and pay for iil:1, repairs toroaq" and to all related struCtures
(drains, gutt:er!"gates, fences, ,etc. ) when the, !lame have been damaged by the
extra oJ::('linary use of ,suchp:lrty or his ageIJts or, .employees. Examples of
extraordinary use are darreg'e caused by tractor type 'vehicles and damage caused
by heavyequipnent (I ton or, over) such as mlght 'be Used during construction of
a resideng~. Ordinary ~e ot 'S!lid r~d will be for passenger vehicles and light
truck 0/4 ton or less,) traffic~Ordinarywearandtear or, ordinary use shall
be that gradual and over il perlcxJ. wearing caUE;ed,by s,u.ch ordinary use. Extra-
ordiriary use 1's cauSih(}irrriiediate <'laiiiage with any ,'vehicle or any damage caused
by a vehicle not defined'within ordinary use traffic.
5 . INITI1',TION l\ND MANIIG1'MENT OF REPI\~S.
a. I\ny system for achieverent of repa1'rs and 'payment of costs which, in
the year ih question, is agreeable 'to the mci'jority of parties, shall be
the system utilized. '
b. "Majority" is any group of landowners holding 51 ~centor :rrore of the
'~p()ints;i a,Sj calcula'ted in paragraph ~3. '1'hey may initia,te <jridinapa,ge a,
program ,of road maintenance, or, maintenance ,and repair of related' ,faci-
lihes;sueh asgutter:,s, gates, ete. ' The tLne,and clfort~ded,by
parties heretO iri such 'rnahagemert' !:lhaH. not be ,ccmpensa,ted. '1.11 other
costs in=red shall be shared in accordance with the above formula.
c. I\chieverentofthe minirmnn 51 percent'consensus resPecting maintenance
shall be evidenced ,by a written statement, signed by parties purporting
to constitute such representation, A. copy of the written statement
shall be"sent. j:othe address of each 'party, as shQWl1 on the latest: tax
assessor's roll, at ,least tl<<) weeks prior to the cc:i1tralcerent of any
work or the incurring of any maintenance costs.
(1+184) Page, 4 of 7
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6. l\CMINIS'rnJI.TI0N, OF ,COSTS. Thepropeity Owner or owners initiating
repaIrs or capital irnprovellel1ts shaH be' in charge' of rnakingthe payments
required f9r the work :of :irnpibvenent. It:: shall be inCumbent upbn all 'property
owners to contributet'.o the general fund to be used forrriaintenance or capital
irnprovellerit, ih ~ccordance--;"ith 'tile pbint cetrputations referenced above. ~ter
the 'actual ,expenditure of fundS by any ~<=r 'or group of owners sUch parties
shall ,be entitled to assess all other parties ,to this l\greement in ~ccor4ance
with the fortnUla set faith aoove. Said ass~ssn'ent notice' shall clearly spec:i~y
tneexpenditures, the pUrpose for same, ,and the method of calculatiol1. ' UjJ9n
receipt of any such notice of 'assessment, the assessed property owner shall have
tell days in wh.~chto dispul;ethe ass~ssrnent,. Failure to resolve the dispute,
shall beranedied by arbitration as set torth hereunder. Onission by any
asseSsed property owner to give notice in writing within the ten days of his,
dispute of the assessment shaH conclusively be deaned his ,consent to same.
When any assessment shan have becane final, it shall be due within 20 days ,of
,that date. It ,shaLL be ,an obligation collectii?le by law through all legal ,pre-
cess,
7. I\.m3ITAATION. l\riy dispute amOng any of, the parties to this l\greement
respecting the interpI'et~ticm, of, 'the:. l\greement or, the application ,of any of its
tenns or the action taken by ,any .pclrty in accordaJ1s::e therewith, shall be settled
by arbitration pursuant to the'Civil,Code.
8. FINDIl%. The City ,ofP6Way finds that failure to maintain private road
to standards prescribed by la~ iidyersely impacts upon the health,safety and
welfaFe of all residents th€I'eof~ The City furth~r .finds that inadequatelY main-
tained private roads present pbtential hazards tg effieIgencyvehicles and other
vehicles in the course of City business and as' ,such are a public nuisance.
a. Therefore, if in the City's ,sole juagemen.t' said private road has not
been maintail:led,to specifications set' forth pUrsuant to City Ordinances
or other standards 'applicable to this l\greement, the City 'wHL
thereup6n, provide Written notice toali' parties to this II,greement to
initiate repairs or construction within thirty (30) days. Should said
parties fail to demonstrate good faith, to make repairs or constrUction
at the ~irationof th5!thirty (30) days the City is further anpowered
by this l\greenent ,to make all needed repairs to said road and/or
construdt said road to meet current' City standards then estahlishect by
the Poway City Council as standards, for theherein-described, road, and
to then assess costs to all property oWners 'to this l\greerrent., Such
assesSfneilt will be established in conformance with tiiepjint system
cohtained herein.
b. l\hy property owner' failing to make payment to the City for costs
inC1ll'red pursuant to Section (a) within ,sixty (60) days of"reeeipt of a
billing fran the, City shall be deared in material breach of the
agreement. The City shall thereupgn' be entitled to canrence litigation
ih any ,court of canpetent Jurisdiction for the recovery of all of said
costs. In. the event of such litigation, the City shall be further
entitled to thereJ:Covery of' its attorney fees and regal costs reasO-
nably incurred therein.
(11/8,!l Page 5 of' 7
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c . P~operty owner (s1 shall ind6!uiifyahd;l1old ~J:f!lless City, City I s
Er)gin~" and 1Cheir consultantsanQ. eacl:l,of thgir 2.g;fc:i:3-ls, directors,
officers" agents and employees' fran and against all ,liabilitYi claiins,
darrages, losses; eXpenses, and other costs, including cOsts of defense
and 'attorney's fees, arising out'of or ,resulting ~.ran or in cOnnection
with the performance of the work,: both on and off the job-site, and
c1uriggang aft:er,cd:npletion', prov{ded that any of the foregoing: il is
attributable to bOdily injury, sickness; disease or death, or toinjtity
t6 or destruction of property iriCluding the loss of use resuJ,ct;,ing
therefran" and 2) ts caused in whoJ,.e:or in par~ by any @:t or qrles,i,or:!
of prope:r:tY' OWI1,er, ,any contractor, any subcontr~ctor, ,any supplier"
anyone directly or indirectly employed by any of them, or anyorie ,for
whose acts oranissions any of them may be liable. Nothing in the,
Agreement; the spec'ifi'cations or ,other coritract docUinerits or city's
approval of the plans and specit:icatiop_acknowle,dgment of.are;;;pon...,
sibility for any such matter , and ,City;, City',s I':ngineer"cand~,their con-
sultants, ,and each ,if ,their off.l:fials, directors, off'rcers,: employees
and agents, shiillhave absolutely no responsil5iHty or IUibi1!it:ythere-
for.
d. If City is requirgd, ,tonake nec;:essaxy road repairs in, accordance with
subparagraph, (a)aoove; said work shill be ,without Warrahty' to 'property
owner, his agentS, or"as'signs. Said rePair, shall be accepted "as is"
by said Owheis without ,any warranty of, workmanship. Said repair shall
be guaranteed and indemnified by property o\offier in accordance with sub-
paragraph(c: ).
, 9. ,COVENl\NT RUNNING WI'lliIAND. This' I\gie€irieht shaLt be deemed and is
intended to run with,tqe liU1dand be, a restr,iction uPQn said property, shall be
'binding upon and inure to t.he benefit of the undersigned" hiS/her/their lJeirs,
~sonal. representatives, successClrs, and assigns, forever or until such tifiieas
the isaid pr'ivate rood shall be dedicated to ,'ahd accepted for use as'a pUblic
,street, or thoroughfare, bymlihicipal ,government lawfUlly exercising jurisdiction
over said'private road.
10. RB20JIDING OF I\GREEMEN'J\ It is the purpose of the signators hereto ,that
this insti'\iiii€ht be recorded ,to the end ahd iritent that the obligation hereby
created shall ,rea reStiTction, upon and shall besecur~ by the saiel property
<;md any subsequent traI)sf.er~ ,th,ereof, bya,cceptanc,e ,of <ie!l.ivegr of a, dee:} ancl.%or
conveyance of the said property shall ,be deemed to have consented to aDd, becane
bound by, these' presents, 'includingwftimut- Hmitation',the right of any ~sOn
entitlea tOentorce the ,termS ,of i:hisl\groonent to enforce -,tl1e reStriction
therein <:r'eateci;such rem=dy'!:obe ctnnulative and in addition to all other r~
dies at law or inequity.
iL ,SUBSEQUENl' USERS, In the event that a party (parcell not originally
'contanplated by' this ll,gret311ent gili,ns access to said private road, that party
(parcel) shall be reguired to sul:lscribe to this Agreenent. Should any parcel
contempJ;ated.by this i\.greemen,E be spIlt into, multiple parcels (two or rrore), each
newly created parcel shall thereupOh be. obliged tina&:, ,tois l\gieeinent and incur
its partioh oCmaintenance costs as set, fc5ithby the pointsyst6TIhetein.
(1l/84l
Page' 6 of7
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CAT NO. NN00737
TO 1945\CA';(B-84)
J (Corporation)
698
} 55,
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STATE OF CALIFORNIA
COUNTY OF San Diego
On JanUCl,r,y +, 1990
said State, personally appeared
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, and
~ TICOR TITLE INSURANCE
1'.
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before me, the undersigned, a Notary Public in and for
bCHMIT
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personally known to me or
proved to me on the basis of satisfactory evidence to be
the p"erso~ whl2.. executed the within instrument as the
Secretary of the Corporation
that e-'6ecuted the within instrument and acknowledged
to rr.e that such corporation executed the withininstru-
.rnent pursuant to its by~laws or a resolution of its
board of directors.
WITNESS my hand and official seal.
Signature: (I {J f1~
-;;JYI _ ..2~../o "
1F"='=~-=~:::1
.~ ,"'~1;::';~ eFelCIAC '"At,
p ./". '~"..''''
~ ..,-, f~,\. CL~.!RE M, STONES J
~ ~:m.~: ' . tlOTAR, PUBUC , CAlif I
P ~ l. PRIi~ClPAL OFr:ICE ii~
'; \ .,'>,i. " SA~ DIEGO COUNTY
~ ~i!Ji"-'P M,"tComm!SSiCntl':liir,eSJan27 19f.13 R
~,~.;)::)l;~~~~""J'~~._-'I
(This area for official notarial seall
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IN WITNBSS WifE:ROOF, the parties hereto have executed this Agreement on the
dates set forth 'herein~ter:
~73-?J1o - ;:JI t:l:? .(,R3
Tax l\ssessors Numl:>er I
a-INERS f?T S':..lItTl,f'VFUdo/Jh1/N;;-Z:VC-
Type or Pn:nt
Tax Assessors Number Date:
OWNERS
Type or Print Signature
Type or Print Signature
(Notary Acknowledgmehtattached) (Each owner shown on Grant Deed must sign)
ACCEPl'ED :
CITY OF K!iiA.y
bY~~
Approved as to form:
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(1l/8~) Page 7 of 7
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Exhib,it "A'!
Rarce.1s 2, 3, & 4 of Rarcel Map 14596, Poway, CA
Known as. 17033, 17041, & 17049 Coyote Court, Poway, CA
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69.1
Exhib'it "A"
Parcels 2, 3, & 4 of Parcel Map I4956, Poway, CA
Known, as': 17033, 17041, & 17049 Coyo te Court, Poway, CA
,
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-tlTY OF POWA'
DqN'I-gQq~SO..t'f~ ~ayor
IAN GOLDSMITH,Deputy M~yo!
LTh:TIA J3RANN:ON..c:olltlcilmember
BOB EMERY, Cbuncilinem1?er
CARLR: KRUSE; Councilmember
TO:
FROM:
DATE:
County Recorder
P.O. Box 1750
San Diego, CA 92112
P6way City Clerk
January 15, 1990
SUBJECT:
Road Consfriiction and Maintenance Agreement
P.J. ~chmil Development, inc.
* * ~ * * * * * * * * * * * * * * * * * * * * * * ~ * * * * * * * * * * * * * *
Please record the enclosed, original of the above refe"enced document and return
it to the C.ity Cl erk 's pf{.ic,e, 'we are enclosing a, checki n the' a.!l1ount'cii' $21 ,for
the recording fee. Also, p'lease return a conformed copy in the enclosed seJf-
addressed enveiope.
Thank you,
'1l/(!~nCf~
Admi'ni strative Secretar:.y
For
Marjorie K. Wahlsten
City Clerk
/ml
Enclosure
cc: tngjneerin~ Services Department/Barbara
City Hall Located at 13325 CivicCemer Drive
Mailing Address: PO Box 789, Poway, California 92064' . (619) 748c6600, (619) 695-1400