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Private Streets Maintenance Agreement 2001-0144911'.~;-_....- -; Recorded at thE) requ. of DOC'! 2001-0144911 Chicago Title RECORDING REQUESTED BY MAR 13, 2001 4:28 PM 12711 CITY OF POW A Y , OFFICIAL RECORDS AND WHEN RECORDED MAIL TO: SAN DIEGO COUNTV RECORDER'S OFFICE .. GREGORY J. SMITH, COUNTY RECORDER CITY C:LERK FEES: 26.00 CITYOF POW A Y PO,BOX 789 ~\ \\\\\\ \\\\\ \\111 \\1\1 \\\\ \\\\\\ \\1\1 \\\\\ ti\ til\ \\\\\ \\\\\ III \\r . pow A Y,.CA 92074 , I , f<6 ! NO TRANSF;ER TAX DUE (THIS SI 1 2001,0144911 ~~ 733'f 3,5'.[ - q'i L.. PRIVATE STREETS MAINTENANCE AGREEMENT WHEREAS, this Agreement is required asa condition of approval by the CITY of abuildingpennit pursuant to Section 17.52.040 of the Municipal Code,and Ordinance 303 and 304 relative to construction of a single family residence at 1~'l'i30 fl(1l..LA(/))S, (L~rJ(fl )...,J, . WHEREAS, Owner wishes to provide for the maintenance and repair of those certain'PRIV ATE STREETS described and shown on Exhibit,A.attached hereto and made apart hereof, hereinafter referred to as the :'PRIVATE STREETS", VlfilJGH J-N WHEREAS, Owner is the owner of certain real property being developed as I~ "1'00 Ml~~c..nJ.wth;;w;Il use and enjoy the benefit of suc" PRIVATE STREETS A complete legal description of said real property is included in Exhibit B attached hereto and made a part hereof. Said real property is hereinafter referred to as the "Property", WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREETS be maintained and repaired in a safe and usable condition; WHEREAS, it is the mutual intention of the parties that this Agreemept constitute a covenant running with the Property, binding upon each successive owner of the Property NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS The property benefitted by this Agreement is the Property The present and successive owners of all or any portion of the Property are expressly bound'hereby forthe benefit of the Property 2. The cost of maintaining the'pRIV A TE STREETS shall be borne bythe'OWNERS or his or her heirs, assigns, and successors in interest. Notwithstanding, the foregoing, OWNERS may seek contributions onecoiripense from and by all other owners, heirs,. assigns and successors in interest who may be obligated under similar Private Street Maintenance,Agreemenis with the City of Poway relevant to this section of private roadway 012-'.5 ~OJ.'{) I ~ I t..\ '1Q } COPj 16D4-1"j 01-D74 A , ~. .. . . 12712 3 The repairs and inaintenimce to be performed under.this Agreement by or on behalf of the OWNERS shall be limited to the following: reasonable and normal road improvement maintenance work to adequately maintain the PRlV ATE STREETS and any related drainage facilities to permit normal access, ingress and egress to and from 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 PRlVATE STREETS for normal access, ingress and egress purposes. 4 The obligation of the OWNERS'as outlined herein shall comIl),ence with the issuance ofa building permit by the CITY to construct a single family dwelling at l.=,q~ I'f I LI-<.l/ds. fLfrtJ'Gf/- L-tJ. 5 In the event the OWNERS retain a contractor to perform any maintenance and obligation with respect to the PRlV ATE STREETS, the OWNERS shall require such contractor to maintain liability insurance to cover any liability arising as a result of its activities with regard to such maintenance activities, 6, OWNERS shall 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 use of the PRlV ATE STREETS, or to any other third parties arising out of or in any way related to the use, repair or maintenance of the PRIVATE STREETS. Nothing in this 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 STREETS is 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 officials, directors, officers? employees and agents, shall have absolutely no responsibility or liability therefor 7 If in the CITY's sole judgment the PRlVATE STREETS 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 failure to demonstrate good faith to make repairs or construction within ninety (90) days of receipt of such notice the OWNERS agree that the CITY may make all needed repairs to the PRlV A TE STREETS to meet the standards set forth in paragraph 3 and to then assess the costs thereof to the OWNERS. The OWNERS shall reimburse the CITY for all reasonable costs incurred by the CITY in connection with such.maintenance activities, If the OWNERS do 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 8. If the CITY elects to make necessary repairs in accordance with paragraph 7 above, said work shall be without warranty Said repair shall be accepted "as is" by the OWNERS and the without any warranty of workmanship, 9 The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each and every person who shall at any time own all or any portion of the Property referred to herein. 10, It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors and assigns of the OWNERS, . 1271:l . ". II It is the RlITROse.ofthe silPlatory hereto that this,i1JstTlJment be recorded to the end and intent thatthe obligations hereby created shall be and constitute a covenant running with the land and any subsequent purchaser. of all or any portion ofthe Property, by acceptance of-delivery of a deed aild/or conveyance, regardless of form, shall be deemed to have consented.to and become bound by this Agreement. 12. This Agreementshall be governed by the laws of the State of California. In the event that any ofthe provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability ofthe remaining~provisions shall not be affected thereby IN WITNESS WHEREOF, the parties have executed this Agreement on the dates. set forth hereinafter " Date:~ Date:T /5~) . (~1..Jl.O.:;)O For OWNERS: Date 7-;ff,I-~o St Attorney - .:;:~~- - - JO ~; . 12714 . .,' EXHIBIT "A" An easement for road maintenance over, under, along and across' a strip ofland located in a portion of the Northerly 674 61 feet of the Southerly 1515.95 feet of the Easterly 968.55 feet (said distanc~s being measured along the East and South lines thereof) of the Southwest Quarter of Section!8, Township 14 South, Range 1 West, San Bernardino Meridian, in the City of Poway, County of San. Diego , State of California, according to the OfficialPlat thereof, more particularly described as follows: Commencing atthe Northeast corner of Parcel 2 of Parcel Map No, 16504 in the City of Po way, County of San Diego, State of California, recorded March 24, 1989 in the Office of the Recorder of said County; thence South 88007'53" West 968.47 feet; thence North 03050'51" East 266,10 feet to the TRUE POINT OF BEGINNING,. thence continuing North 03050'51" East 28.30 feet; thence South 77051' 50" East 136.44 feet to the beginning of a tangent 86.00 foot radius curve concave Northerly; thence Easterly along said curve through an angle of 48007'22" a distance of 72,23 feet; thence North 54000'48" East 71 19 feet to the beginning of a tangent 214 00 foot radius curve concave Southeasterly; thence Northeasterly along said curve through an-angle of 19027' 19" a distance of72.67 feet; thence North 73028'07" East 87 05 feet to the begihning of a 4600 foot radius curve concave Northwesterly; thence Northerly.along said curve through an angle of 90000"00" a distance of72.26 feet; thence North 73028'07" East 28.00 feet to the beginning ofa non tangent 46,00 foot radius curve concave Northeasterly, a radial to said beginning of curve bears South 73028'07" West; thence Southeasterly along said curve through an angle of 90000'00" a distance of 72.26 feet; thence South .\6031 ' 53" East 28.00 feet; thence South 73028'07" West 207 05 feeUothe beginning ofa 186.00 foot radius curve concave Southeasterly; thence Southwesterly along said curve through an angle of 19027' 19" a distance of63 16 feet; thence South 54006'48" West 71 19 feeUo the beginning ofa 11400 foot radius curve concave Northwesterly; thence Southwesterly along said curve through an angle of 48907'22" ~ distance'Q.f95 i5'feet; thence North 77051'50" West) 32,36 feet tothe"i'IWE POINT OF BEGINNING. This legal description (Exhibit "A" Sheet I) and a sketchJabeIed (Exhibit "A" Sheet 2) attached hereto and made a part of this legal description was prepared by me or under my direction, lt~C1-Pe #~ IRobert J Ba eman, P,L.S, 7046 July 10, 2000 Page 1 of2 "'1 -1 1.'-1 eel i'-" ~ -q; Q, ~.""'.'.' '\ "f' ~ - LINE L1 L2 LJ L4 L5 L6 L7 L8 L9 LINE TABLE BEARING N 0.3"50'51" E 5 77"5'1'50" E N 54"00'48" E N 7.3"28'07' E N 7.3"28'07" E 516".3.1'5.3" E 5 73"28'07" W 5 54"00'48" W N 77"51 '50" W ~. ..-l r-- ------ ~LARI;.s ,,RANCH ~ - ~E_ lO .1 ,..,1, lu 2 I Q, ~I :;;; 1 I . <: '40 j. LL~~_D_03 :: t.O .~' to ':0'" o l{)lu 0> "'" 0- ,.' ll) < .? ..., Q N 88007'37" E LENGTH 28.30 1.36.44 71 19 8705 28.00 28.00 207.05 71 19 1.32..36 c~___ ------- --- / c')___~ 'v'J/ ",--- - / '" --1.2..., / s)/ - __ c~ ,/ -- __ __L9 -- - /' -- C6 ,/ ------~ / TRUE POINT OF BEGINNING PARCEL 1 PARCEL PARCEL JlJjAP PARCEL 3 -4 {) 7 8 7 96845' EXHIBIT "A" SHEET 2 Of 2 73"~B'01' 5s /" L -- \ , , , 'II (R) tJl /' l4 __,---/ ___ --- L.7___ -- --- -- -- -- -- S 88007'53" W AMIGOS PARCEL-j-i CURVE Cl C2 C3 C4 C5 C6 CURVE TABLE DELTA RADIUS .6 =48"07'22" 86.00 .6~19"27'19" 214:00 .6-90"00'00" 46.00 .6-90"00'00" 46.00 .6 ~19"27'19" 186.00 .6 =48"07'22'" 114.00 LENGTH 72.23 72,67 72.26 72.26 63..16 95.75' PARCEL 2 ~ 07-07-2000 SCALE. 7."= 1 00' POINT OF BEGINNING 96847' (968.43') J?~~~- I --- PARCEL 2, pJlJj NO 15504 to 'J- r-... to 2; ~ C\j r I I I I I I s,1 01 ;t- ,0 I '1) o "" ~I o 'J- 1 I . . 12716 EXHIBIT "B" ParceI2..ofTentative Parcel Map No. 97,10 being a'portion of the Northerly 674.61 feet of the Southerly 1515,95 feetofthe Easterly 968.55 feet (said distances being measured along the East.andSouthlines thereof) of the Southwest Quarter of Section 8, Township 14 South, Range 1 West, San Bernardino Meridian, in the City of Po way, County of San Diego, State of California, according to the Official Piat thereof, more particularly described as follows: Commencing auhe Northeast comer of Parcel 2 of Parcel Map No. 16504 in the City of Poway, County of San Diego, State of Californi a, recorded March 24,1989 inthe Office oftheRecorder of said County; thence North 03050'40;' East 206,17 feet.to the TRUE POINT OFBEGlNNING, thence North 90000'00" East 85 06 feet; thence South 50049'57" East 10,00 feet to the..beginning of a non, tangent 10000 foot radius CUrye concave Southwesterly, a radial to said beginning of curve bears North 50049'57" East; thence Northwesterly along saia curve through an angle of:23019'53" a distance.of40.72 feet;.thence North 62029'56" West 123 04 feet to the beginningofa 125 00 foot radius curve concave Northeasterly; thence Northwesterly along said curve through an angle of 24032'37" a distance of53.55feet to the beginning ofa.reverse 15000 foot radius curve concave Southerly; thence Northwesterly and Westerly along said curve through an angle of 68034'34" a distance 0079.53 feet; thence South 73028'07" West 70.00 feet; thence North 16031 '53" West 60 00 feet to the beginning ofa50 00 foot radius curve concave Easterly; thence Northeasterly along said curve through an angle of 86009'22" a distance of75 19 feet; thence North 69037'29" East 55.5] feet; thence North 07016' 14" East ] 7460; thence North 880Q7'37" East 446.26 feet; thence South 03050'40" West 468.45 feet to the TRUE POINT OF BEGINNING. This legal description"was prepared by me!or under my direction. -Lr~"fl'~ Robert..J Ba man, P.L.S. 7046 / Ju]y ro, 2000 . 'i .", IALL_PURPOSE ACKNOWLEDGEMENT 12717 . State of California County of t.Gij(nJ2.f cg 0 On 1'1(11 JaI'1P'1a?O IDA~ /"'?L.. _. -"V\ 1./ , personall y appeared :::::,r ~ t./ of-' }ss betoreme, GlG'S7Y Mo,r\S , UWld ~~V-~V\LO DiVjtL D personally known to me ,OR, t ,1 ~ CISSY MORRIS ~ - Comm, # 1249817 UI . NOTARY PUBlIC.CAlIFORNIA OJ San DilDO COUMy : My CDmm,ExpifU J~n, 14,2004 l :.-"': ~oved to me on the basis of satisfactory evidence to be the person(s) whos,,- name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. ?t'~ NO ~ '5 SIGNATURE ~ -: OPTIONAL INFORMATION The information below is not required by law However it could prevent fraudulent attachment of this acknowl~ edgement to an unauthorized document. ;. :;\.;' ~:' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) D INDIVIDUAL D CORPORATE OFFICER , -.- TITLEIS) ~TNER(S) o ATTORNEY.IN.FACT D TRUSTEE(Sj D GUARDIAN/CONSERVATOR D OTHER. SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENT1TYnES) DESCRIPTION OF ATTACHED DOCUMENT --B: i V o,:t -e "8\y ~e-t f\.Iv.. i vt 'h~fl/U'1 A--Br2~~~DOC3 NUMBER OF PAGES 15 ~ UJO () DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER . . ~ c :s. n E ~ 15 ~ C' APA 5/99 VALLEY-SIERRA. HOO-362-3369