Loading...
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.