Private Streets Maintenance Agreement 2001-0289556
.--..; - ':'.\
~'-'..'
,.'
~':
" ~.
.~~~
.~~
.
DOC' 2001-0289556
RECORDING REQUESTED BY:
~
)
)
)7174
)
AND WHEN RECORDED MAIL TO:)
)
)
)
,- II 1111 "'il 11111 I II 1111111" r
2001-0289556
,
May 08,
2001
2:10
PM
CITY OF POWAY
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY,CA 92074
OFFICIAL RECORDS
,SAN DIEGOCOUNTV RECORDER'S OFFICE
GREGORV J: SMITH, COUNTV RECORDER
FEES: ' 37.00
lJC: NA
No. transfer tax due
APN: W278-110-79,-80
APN: #278-'170-77, ~78
APN: #278-170-48
(ecarder's Use 1
PRIVATE STREET
MAINTEiNANCEAGREEMENT
THIS PRIVATE' STREET MAINTENANCE AGRE.EMENT ("Agreement") dated far
J;"eferencepurpases as ?f tlie-1.Lday af !"PRI~. 2001, is entered
into 'between CITY OF POWAY, AND THE. PARTIES'(hereinafter referred
to. as,"DEVELOPERS /aWNERS"'), LAKEVIEjI' DEVELOPERS, INC., a
Calif6~rniaC6rpatatibn, SOPHIADAKIS, a widow, ahd SOPHIA DAKIS,
Trustee, af the DAKIS .FAMILY TRUST dated. April 21, 1988, and JON
A,. NORMAN and DEBORAH J. NORMAN, Husband and Wife AS JOINT
TENANTS, (hereinafter referred to. as "PROPERTY OWNERS"), and the
CITY OFPOWAY, a municipal carparatian (hereinafter referred to.
as ;'CITy,i\, far the benefit af future subdivisian lat awners who.
wHI us'e the PRIVATE STREET (hereinafter referred to. as "LOT
OWNERS," which shall include the DEVELOPER to. the extent the
DEVELOPER :retarns any awner,ship interest in any lat ar lats
within the PROPERTY) .
WHEREAS, this Agreement is .required asa condi tian of
appraval by the CITY af a subdivisian praject as defined in
S~ctian 21065 af the Public Resaurces Cade;
WHEREAS, DEVELOPER/OWNER wishes to. provide far the
maint,enance and repair af the PRIVATE STREET as' described and
shawn an Exhibit A s'ketch attached hereto. and made a part hereaf
(hereinafterrEd'erred to. as the ("LAKEVIEW'ROAD, A PRIVATE
STREETi,) ;
WHEREAS, DEVELOPER/OWNER is the awner af certain rea1
praperty being subdivided and deyelqped as PARCEL MAP #11710 and
PARCEL 'MAP #11442 and APN: 278-170~.4'8' that w.ill Use and enjay the
benefit af ,such PRIVA'fE STREETS. A camplete legal descriptian af
said real praperty is included in Exhibit,B attached hereto. and
made a .part he.reaf. Sa,id real praperty is hereinafter referred
to. as the "PROPERTY;"
WHEREAS, it is the mutual desire af the parties hereto. that
the PRIVATE STREET be maintained in a. sa.fe and usable conditian;
COf'-f ) ~O@l~~,., .-:,~
I~(;i.hq . ,{Qq;:)C-;e;>j:;'~lqW-' Dl"D"Jl.o
...~
,
c,
.
.
7175
:; WHEREAS, it is the mutual desire of the parties hereto to
establish a method for the maintenance a~d repair of the PRIVATE
STREET and fQr the apportionment bf the expense of such
maintenance and repair;
'WHEREAS, DEVELOPER/OWNER has created or will create the
,PROPERTY OWNERS, to which the LOT OWNERS will belong, for the
purposes of maintaining, repairing, and replacing the private
road easement areas within the PROPERTY, including, without
limitation, the PRIVATE STREET, "LAKEVIEW ROAD"; and
WHEREAS, it is the mutual intention of the parties that this
Agreement constitute a covenant running with the land, binding
upon each successive LOT OWNER of all or any portion of the
PROPERTY.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The property benefitted by this Agreement is the
PROPERTY. The present and successive LOT OWNERS of all
or any portion of the PROPERTY are expressly bound
hereby for the benefit of the PROPERTY.
2. The cost of maintaining the PRIVATE STREET shall be
divided equally among the subdivided parcels created in
the PROPERTY and paid by each LOT OWNER or his or her
heirs~ assi~ns and successors in interest. Such costs
and expenses shall be collected by the PROPERTY OWNERS
as assessments in accordance with the PRIVATE EASEMENT
ROAD, PRIVATE STREET MAINTENANCE AGREEMENT.
3. The repairs and maintenance to be performed under this
Agreement by or on behalf of the PROPERTY OWNERS shall
be limited to the Iollowing, unless the consent for
additional work is given by the ROAD COMMITTEE of the
PROPERTY OWNERS:: reasonable and normal road improvement
maintenance work to adequately maintain the PRIVATE
STREET and any related drainage .facilities to permit
normal access, ingress and egress to and from the lots
within the PROPERTY. Repairs and maintenance under this
Agreement shall include, but are not limited to, filling
of chuckholes, repairing cracks, repairing and
resurfacing of roadbeds, repairing and maintaining
drainage structures, removing debris, maintaining signs,
markers, striping and lighting, if any, and such other
work as is reasonably necessary or proper to repair and
preserve the PRIVATE STREET for normal access, ingress
and egress purposes.
4. The obligation of the PROPERTY OWNERS to repair and
maintain the PRIVATE' STREET wi.thin the single phase of
development of the PROPERTY as herein set forth shall
.
.
7176
"
commence upon the occurrence of both of the following
events: (al as the PRIVATE STREET improvements have
been completed and approved by the CITY, and (b) such
phase of the PROPERTY has been accepted to the
jurisdiction of the PROPERTY OWNERS pursuant to the
Covenant. DEV0LOPER/OWNER (and/or any successor
DEVELOPER/OWNER to which any portion of the PROPERTY is
conveyed, shall maintain the PRIVATE STREET prior to the
occurrence of the events described in items (a) and (b)
preceding.
5. The cost of any extraordinary repair required to correct
damage to the. PRIVATE STREET shall b.e the responsibility
of the party causing the need for such extraordinary
repair. If any such extraordinary repair is caused by a
LOT OWNER, the PROPERTY OWNERS shall assess and collect
a Reimbursement Assessment against such LOT OWNER
pursuant to the Covenant in the amount of the costs of
such extraordinary repair. The PROPERTY OWNERS shall
promptly commence and effect such extraordinary repair.
The repair shall be such as to restote the PRIVATE
STREET to the condition existing prior to said damage.
6. Should any LOT OWNER fail to pay the pro rata share of
costs and expenses as provided in this .Agreement and the
Covenant, then the PROPERTY OWNERS shall thereafter have
all rights with regard to collection of delinquent
assessments as are' provided in the Covenant.
7. The PROPERTY OWNERS shall at all times maintain
liability insurance covering its activities with regard
to use and maintenance of the PRIVATE STREET. In the
event the PROPERTY OWNERS retains a contractor to
perform any of i.tsmaintenance obligation with regard to
the PRIVATE STREET, the PROPERTY OWNERS shall require
such contractor likewise to maintain liability insurance
to cover any liability arising as a result of its
activities with regard to such maintenance activities.
8. LOT OWNERS and the PROPERTY OWNERS shall jointly and
severa11y defend and indemnify and hold harmless CITY,
CITY's engineer and their consultants and each of their
officials, directors, officers, agents and employees
from and against all liability, claims, damages, losses,
expenses, personal injury and other costs, including
costs of defense and attorney's fees, incurred by or
payable to any other LOT OWNER', any user of the PRIVATE
STREET, or to any other third parties arising out of or
in any way related to the use, repair or maintenance of
the PRIVATE STREET. Nothing in th.is Agreement, the
specifications, or other contract documents or CITY's
approval of the plans and specifications for or
inspection of the work regarding, the PRIVATE STREET is
.
.
7177
.,
intended to include a review,. inspection, or
acknowledgment of a responsibility for any such matter,
and' CITY, CITY's engineer, and their consultants, and
each of their officia.ls, directors, officers, employees
and agents, shall have absolute~y no responsibility or
liability therefore.
9. If in the CITY's sole judgment the PRIVATE STREET are
not being maintained to standards set forth in paragraph
4 Qf this Agreement, the CITY may thereupon provide
written notice to the ROAD COMMITTEE .of the PROPERTY
OWNERS to initiate repairs or construction within ninety
(90) days. Upon failure to demonstrate good faith to
make repairs or construction within n ninety (90) days
of receipt of sQch notice the LOT OWNERS and the
PROPERTY OWNERS agree that the CITY may make all needed
repairs to the PRIVATE STREETS to meet the standards set
forth in paragraph 4 and to then assess the costs
thereof to the PROPERTY OWNERS. The PROPERTY OWNERS
shall reimburse the CITY for all reasonable costs
incurred by the CITY in connection 'with such maintenance
activities. If the PROPERTY OWNERS does not so
reimburse the CITY within thirty (30) days after CITY's
demand, then CITY may pursue all of its remedies at law
or in equity.
10; If the CITY elects to make necessary repairs in
accordance with paragraph 9 above, sa.id work shall be
without warranty. Said repair shall be accepted "as is"
by the LOT OWNERS without any warranty of workmanship.
11. The foregoing covenants shall .run with the land and
shall be deemed to be for the benefit of the land of
each of the LOT OWNERS and each and every person who
shall at any time own all or any portion of the PROPERTY
referred to herein.
12. It is understood and agreed that the covenants herein
contained shall be binding on the heirs, executors,
administrators, successors and assigns of each of the
LOT OI-iNERS.
13. It is the purpose of the signatory hereto that this
instrument be recorded to the end and intent that the
obligations hereby cr~ated ~hall be and constitute a
covenant running with the la~d and any subsequent
purchaser of all or any portion of the PROPERTY, by
acceptance of delivery of a dEOed and/or conveyance,
regardless of form, shall be deemed to have consented to
and become bound by this AGREEMENT.
.,
.
.
7178
-
]4. The' terms; of this Agreementtn?-y'be amended in writing
upon ;approval of the PROPERTY 0WNERSand consent of the
CITY.
15. Thi,.sAgreement sh'!-P be goverpedby the laws of the
Sfcife of California. In th'eevent that any of the
prov,isions of this Agreement aTe he)d to be,
unenforceable. at invalid by ahy court of competent
jurisdiction, the validcLty and enforceability of the
remaini1':tg pfc5visioris shall hot be affected thereby.
WITNESS WHEREOF, 'the parties have executed th'is Agreement
on dates set forth hereinafter.
Lj /3/ zero!
Date:
.' .
.-
.~
~' '.,.,JJ OIb,
". - . ~JA -~(4lk1.L
,S0t . ;A:DAKr'S, Trustee of the
,DAKI'S FAMILY TRUST dated April 21, 1988.
APN.: #278-170"79 and 80.
~r-1-'-() / ,";{ -CJ(
D te:
,-
:..- --
-:. -
., -
/~~
Jt{-ctJ-c11
ON A.NORMAN, Husband as JOINT TENANT.
#278-170-48.
Date:
TENANT.
I- /./-V If) I
Date:
'n. .
ALL-PURPOSE ACKNOWLEDGMENT
.
7179
r.:-.-.-.'-.-.-.-.-.-.-.-.-.-.-.-.-. -.,
. 'State of California ')..'} .
t County of ,-.)4/\ -b) IS 6-eJ . 55. t
. ~ .
t On 41' /t.../c-- /3 .:;u) / before me, ~,4;,eA ~ / /\A V t
i personally appe;;~ 6'&>~q t -#A:rce?:'l R~~ ' i
, / SIGNER{S) V
i r;R' personally known to me - OR- 0 proved to me on the basis of satisfactory i
. evidcence to be the person(s) whose name(s) .
t is/are .subscribed to the within instrument and. ,
i acknowledged to'me that he/she/they'executed i
, "4j . ~E;RA K" .!:.A~ "I <h, ..m, in hi./bm"bo1, .nibod,o" ,
. ! ;;' ',~"': '. COMM #1199783. ,m capacity(ies), and that by his/her/their ·
, (ij ;. . . Notary PUblic-callfOr,"..la !!! signatule(s)on the instrument the person(s), '
, UJ',,' SAN. DIEGO COUNTY ,- -" ,
A ]I "',,~. My Comm, Exp. OCt 2?i2q<l2l or the entiiy upon behalf of which the A
; ~. . . . . . - .. . . . . . . . . .. ., . person(s)'acted, executed the instrument. ;
'i i
i WITNESS my hand and official seaL i
I fJ~~fv I
· OPTIONAL INFORMATION" ·
t The information below is'not required by,law However, it could preventfraudulent attachment of this acknowl. t
i ~~;;~; ;=:;ri;~ :I~:;n~~RiNCIPAt) DESCRIPTION OF ATTACHED DOCUMENT i
. .
, 0 INDIVIDUAL ,
, 0 CORPORATE OFFICER ,
i lTfLEOR TYPE OF DOCUMENT i
'TITLE(S) ,
i 0 PARTNER(S) i
, 0 ATTORNEY-IN-FACT '
i 0 TRUSTEE(S) NUMBER OF PAGES i
. 0 GUARDIAN/CONSERVATOR ·
I 0 OTHER: t
i DATE OF DOCUMENT i
i SIGNER IS REPRESENTING: i
i NAME OF PERSON{S) OR ENTITY{'ES) i
. OrnER.
L._.__._._._o_._._._..-._. _._._._. _._.~
APA 1194
VALLEY,SIERRA.8oo-362-3369
7, .
ALL-lPlJRPOSE .ACKNOWLEDGMENT
.
7180
r.-.-.-.-.........-.-.-.-.-.-.-.-.-.-.-. -.,
. State of California } .
t CO\lnty of 5\ "l D1.~" . 55. I
i On l.f I} 3[. 0 I before me, 6V'''CJ J<"uc.\e...-, tv C>-\-<-::.::J -R,J, I r ~, i
(Dm ~ ~mA~
i personally appeared S "f l-., c... Dc, ~ IS. i
, SIG-NER)'f'
, 0 personally known to me " OR- ~ proved to me on the basis of satisfa"tory ,
. evidence to be the perso~ whose n~ .
t is/aresubscribed to ,the within instrument and ,
. acknowledged to me that ~she/~ executed ·
t the same in ~/her/t~ authorized ,
,. I capaci.ty(j,d), and that bY)rl"S/her/tQ.e!r ,.
"i)"'"' GREG KUGl.!ER': I signature(..{ on the instrume.nt the perso,~ ,
f/),. Commission #1283243< T' ~o/
, ~. ., NO. .ary PUbliC. 'callfornla~. or the entity upon behalf of which the ,
; I' San Olego Coun.y l> persoracted, executed the instrument. ;
,MY COmmission Exp. NOV. 5,:2004 I ,
j WITNESS my hand and official seal. i
I ?3z~~~ I
, OPTIONAL INlfORMA,TiON
; The information below i~ not required by law' However, it could prevenffraudulent attachment of !his acknowl- i
i ~~;:~;: ~:,:::~ri~~d~~:;n~PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT i
& '1iz( INDIVIDUAL 6
; 0 CORPORATE OFFICER D II A ;
., ,....,.v "k S,\-.r.-<-d- r v,,,,,,,fLM..,,ce,.
TIfLE OR TYPE OF DOCUMENT "'Y" -- ~
TITLE(S)
, 0 PARlNER(S) ,
; 0 ATIORNEY'IN'FACT / / ;
i ~ TRUSTE~ NUMBER OF PAGES i
. 0 GUARDIAN/CONSERVATOR
t 0 OTHER: i
i l';~~FD~?~E~/JO / i
i SIGNER IS REPRESENTING: i
i NAME OF PERSON(S) OR ENTITY(tES) i
. OTHER.
L._._._._._._._.~._._._._._._._._._.~
APA t/94
VALLEY,SIERRA,800-362'3369
" .
ALL-PURPOSE ACKNOwLEDGMENT
.
7181
r.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-."-.,
. State of California } .
t Countyof S/tJJ!; I crrtJ ..' ss. t
i Onf}!fP. } L :;(;t9. :L cJ.o I before me, MIl': ~'- k /tt9 fA t) Y i
. '.. (DATE) __ (NOTARY)'
i personally appeared "00 ,J fl'. /110 P.YlIrVtf? .bi38o R.IJH 0: tv't?f? nkw i
, SIGNER(S)'
j D personally known to me - OR- rzl.. proved to me on the basis of satisfactory i
. evidence to be the person(s) whose name(s) .
, yt1ar.e subscribed.to the within instrument and t
. acknowledged to me that fte.4fflelthey executed ·
t the same in b.i3/her/their authorized t
., capacity(ie,s), and that by lli~./I:Uilrltheir i
signature(s) 'on the instrument the person(s),' ,
· .' OFFICIAL SEAL or the entity upon behalf of which the t
~.. . MICHAEL KHO\JR~N\A'"
t. ~. . . N.. OTA. RY'PUBUC/. C.A1:9'\~2 ~ person(s) acted, executed the instrument. ·
. $. ' COMM.NO.12u. ·
6 '" . SAN DIEGO COUNTY .' ,
, .' MY COMM. EXP. JULY3, 2004 . ,
. WITNESS my hand and official seaL ·
OPTIONAL INFORMATION
i The information below is not required by law However, it could pieveiit'fniudulent attachment of this acknowl- i
i ~~;;~; ;.=:~ri~~d ;~=n~PRINC.PAL) DESCRIPTION OF ATTACHED DOCUMENT i
, 0 INDIVIDUAL A
; D CORPORATE OFFICER ;
i 1TILE OR .lYPE OF DOCUMENT i
'TlTlE(S) ,
, D PARlNER(S) ,
; D ATTORNEY-IN-FACT ;
i D TRUSTEE(S) NUMBER OF PAGES i
· D GUARDIAN/CONSERVATOR ·
t D OTHER: t
i DATE OF DOCUMENT i
i SIGNER IS RERRESENTING: i
i NAME OF PERSON,,) OR ENTITY(lES) i
. OTHER.
L._._._._........_._._._._._.._._._._._._.-1
APA 1/94
VALLEY.SIERRA. 800'362,3369
.
"
By:
~ts:
ACCEPTED:
CIT,Y OF POWAY
By:
s to form:
~ 6',
By:' .,a~
Date:
Date:
Da,te:
.
cJ.h~/{) I
-7"'- u,- 0/
7182
.
EXHIBIT A sketch
"LAKEVlEWROAD, A PRIVATE STREET"
.
\PM 11442' - - ~ - - PM 11710-\
@ ,@
L__ _ __-~. 1_:':1- _ '-_., ~
PM 11442 k=-. PM 11710
I 20FT I I
@ III @ \
/1'
\-p;,;- ,~;, \J I' I
NOT-A"PAR~L -t=f I @
~ - - r ~ I r- 50 FT \
PM5173 "'-_ ~ _r-
L,-- - - - LAKEVIEW
40 IT
NOT-A-PART
MAP 14087
NOT-A-PART
-~
ROAD
60FT
NOT-A-PART
I
I
I I
I r' I
~
I 251
I ~I
I 251
IE;
-I
I I
I I
I I
I I
I !
I
ASSESSORS BOOK 278, PAGE 170,.LOT NUMBERJ(
7183
NORTH
NOT TO SCALE
4,'
c
.
.
7184
EXHIBIT B
PARCEL MAP #11710 and PARCEL MAP #11442 and APN: 278-170-48
A complete legal description of said real property.
APN: #278-170-79, and 80.
Parcel one and two of Parcel Map Number 11710, in the City of poway,
County of San Diego, State of California, filed .in the office of the
County Recorder of San Diego County, October 08, 1981 as file Number
1981-320716 of Official Records.
APN: #278-170-77, and 78.
Parcel one and two of Parcel Map Number 11442, in the City of poway,
County of San Diego, State of California, filed in the office of the
County Retorder of San Diego County, July 02, 1981 as file Number
1981-209575 of Official Records.
APN: #278-170-48.
All that portion of the Northwest Quarter of Lot 1 of the Northwest
Quarter of the Northwest Quarter of Section 31, Township 13 South,
Range 1 West, San Bernardino .Base and Meridian, in the County of San
Diego, State of California, according to the United States
Government Survey, described as follows:
Beginning at the Northwest corner of said Section 31; thence South
89038'58" East along the North line thereof 331.01 feet; thence
South 1031' 56" East 330.99 feet to the TRUE POINT Of BEGINNING, said
point being also designated herein as point "AU; thence continuing
South 1031' 58" East 3,30.99 feet to the South line of said Northwest
Quarter of lot 1; thence North 89059'01" East along said South line
331.32 feet tb the Southeast corner thereof; thence North 1033'52"
West along the East line of said Lot 1 a distance of 329.93 feet to
a line which bears South,890 4'9'59" East from the TRUE POINT Of
BEGINNING; thence North 89049' 59" West 331.17 feet to the TRUE POINT
Of BEGINNING.