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 ,
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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
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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,
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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
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For OWNERS:
Date 7-;ff,I-~o
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Attorney
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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
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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
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LENGTH
28.30
1.36.44
71 19
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207.05
71 19
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TRUE POINT OF BEGINNING
PARCEL
1
PARCEL
PARCEL JlJjAP
PARCEL 3
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{) 7 8 7 96845'
EXHIBIT "A"
SHEET 2 Of 2
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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
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SCALE. 7."= 1 00'
POINT OF BEGINNING
96847' (968.43')
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PARCEL 2, pJlJj NO 15504
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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
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Ju]y ro, 2000
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IALL_PURPOSE ACKNOWLEDGEMENT
12717
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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.
;.
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~:' 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
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APA 5/99
VALLEY-SIERRA. HOO-362-3369