Road Construction and Maintenance Agreement 1999-0578660
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RtCORDING REQUESTED ...
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DOC. 1999-0578660
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AND WHEN,RECORDED MAl L TO' )
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CITY OF POWAY
8383
AUG 20. 1999 3:48
OFFICIAL RECORDS
SAN DIEGO'COUNTV RECORDER'S OFFICE
GREGORYJ. SMITH, COUNTY RECORDER
FEES: 3? .00
PM
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CITY CLERK
CITY OF POWAY
P, 0, BOX-789
POWAY, CA 92074
CD IIIUII 1'11111111 ,. IIII~,
1999.0578660
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ROAD CONSTRUCTION AND MAINTENANCE AGREEMENT
(OFF.SIlt PRIVATE EASEMENTS.) . / )
7Pl'1 9g - /1. - (40 Ir 1"(;'11..4 fi>"-"L O<~.
The purpose of thi s Agreemeritis to provide adequate roadways within the City
of Poway and maintenariceof same, This Agreement is executed by the parties
here in as a cond i t ion of appro va 1 by the City of Poway, to a development
project as defined in Section 21065 of the Publ ic 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 standar9 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 stand~rd will be those set forth by
the regulatory ordinaricesof the City of Poway, The construction described
~erein shall be accompl ished prior to final approval of the project herein by
the City of Poway
WHEREFORE, the unders'i gned agree as fallows:
I . PARTIES AND PROPERTY." The parties hereto are, those property owners,
whotl,ave executed thi s Agreement and thei r hei rs" executors, adminislr,~tgrs,
assi,gns', and successors inin:terest; upon all of whom thi s Agreement ,shall be
binding, The City of Poway shall not be deemed a party hereto', but ~hal1 be
deemed a beneficiary. The realty held by each party is identified DY tax
parcel number adjacent tb the signature of sa,id party The legal description
of the parcel upon.which the project is located is set forth in Exhibit "A,"
attached hereto and incorporated herein. The, status of property for all
purposes (i. e. improved, etc,) shall be determi ned as of the fi rst Monday in
March of each year
2. ROAD The roadway shall ,be that roadway establ i shed by the Ci tyof
Poway as the roadway best ~u{te'd to provide access for the City emergency
vehicles and/or City.projects (water, sewer, etc.). The locat i on of' sa.id
roadway shall be within the sol~ discretiom of the City of Poway as a
conMtion of approval of the development project. The description of the road
which is th~ s~bj~ct of this Agreement isaHached hereto as Exhibit "B" and
'made a part hereof,
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,3" CONSTRUCTION AND ROUTINE MAINTENANCE The cost of construct ion,
!,apital improvements and/or routine mafntenance "resulting from ordinary wear
and tear shall be borne by the parties in accordance with the fo 11 owi ng
formu~l a'
a, A private road not providing,access to pyblic ro~ds in both
directions is analogous to any roadterininating in a cul-de-sac.
Under such conditions, property owners nea~est the sole public
ac~ess road will not have occasion to use the full course of said
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pri vate, roadAGi ven such circumstance~, fai.~ dictates th~t only
those proper~ owner:s commonly traverS.,l ng a port 1 on of the prlVate
rbad shall be made to bear the cost of ma,intaining that portion of
the road Therefore, construction, improvemeht, and maintenance
costs of portions of the road used only 'be certain persons, because
situated further from the road entran~eand beyond the property
perimeters or boundaries of other parti'es, shall be borne only by
those parties.
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b, Construction irrip.r.ovement and/or maintenance of the road by all
parties .who use 'the, road in common shall be allocated in accordance
with the fo 11 owi rig poi nt system:
(1')
Each party aUtomatically is allocated IQ points by virtue of
ownership of any size of undeveloped land to which access is
provided by the ,road. For each acr.~ of land (rounded to the
nearest acre) 1 ,point shall be allocated,
(2)
For each acre (rounded to the nearest acre) of 1 and developed
for grove' use, an add it i ona 1 poi nt sha 11 be all oca ted.
(3)
For a residential structure or recreational structure which is
used not moret.han 30% of the time; (0 additional points.
(Housing for agricultural workers shall not be deemed a
"residential structure." A manager's, or foreman's residence
shall be deemea .a "residential structure. ")
(4)
For a residential structure which is used more than 30% of the
time, 40 additional points shall be allocated.
For any vehicl~ one tone or over, regjstered to the owner of any
parcel and used ,by same over any port,ion of said road for any
period of time, 5 points,
( 5)
c, Example 1 of the formula: Assume that the road from starting point
to owner A's farthest boundary of land from said starting point is
65% of its length; froin there to Band C'sfarthest boundary is 35%
of its length; from that point, the ehd of the road, D's property
begins. A 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 a'cres of unimproved land, Cost of construction (or repair)
of the entire road for the year in questions is $10,000; repair of
the gate is $2,000.
B 40 acres
ROAD
D
10 acres
C 20 acres
A 20 acres
Solution to Example, (see graph)
Cost of the gate and 65% of the road is shared by all. Thirty-five
percent of the road cost is shared only by B, C, and D, Ratio of
sharing i~ determined by the foilowing point of allocation:
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. 8385 .
~ OWNER ALL ACRES I GROVE I RES I TOTALS ~
A ]0 20 30
B ]0 40 50
C ]0 20 20 40 90
0 ]0 ]0 20
TOTAL POINTS ]90
As to $8,500 of the cost: (65% of road and gate)
A pays 30/]90ths or $ ],342 10
B pays 50/]90ths or $ 2,236 84
C pays 90/190ths or $ 4,026,3]
o pays 20/190ths or $ 894,75
As to $3,500 addit iona 1 cost: (35% of road)
B pays 50/]60ths or $ ],094,00
C pays 90/l60ths or $ ],969,20
o pays 20/]60ths or $ 437,60
d. Example 20f the fbrmula: Assume the road is a through road, That
is, it may be trave~sed in both directions by any abutting property
owner. Assume the same status of the property for point purposes as
in Example L
B
40 acres
o
]0 acres
ROAD
A
20 acres
C
20 acres
Solution to Example, (see graph)
~ OWNER ALL ACRES GROVE I RES I TOTALS II
A ]0 20 30
B ]0 40 50
C ]0 20 20 40 90
0 ]0 ]0 20
TOTAL POINTS ]90
As to the $]2,000 cost:
A op~y,s 30/l90ths or $ ],894.73
B pays 50/l90ths or $ 3,]58,00
C pays 90/]90ths or $ 5,684 40
o pays 20/l90ths or $ ],263,20
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4.. 'EXTRAORDINAR AMAGE. It shall 'D~, the pbl'ig.u'qn of ' each party
:hereto to Iria'Ke ahif 'p for all repairs' 'to road ,-and t 11 'rel atedstructures
. . . , -. -. ._~ -r. ,. ,- , -.- - "- ". . -. ." .
(Ora.ins, "gutters, :gates, fen~es, etc,) when. the 'same have Deen damaged ;by the
eXyraordj:n~rY use of such party or his ag,ellYs oremp.loyees, Examp'lesoJ
~xtraordi,"aI\Y llse are damage caused by tractor 'ty,pe, vehicVes and damage caused
by ,heavyequ,ipment (.1 ton or over) such as nl'{g'ht. 'be lised duri ng constrllction
o:f ii, reS'idence, Ordin-ary use of said rO,iJ,d I'ii;llb,e, for passenger vehicles and
light ,truck (3/4 ,1:'q[1 or l,ess,) traffic. 'Ord,inary wear ahd tear or ordinary, use
shall be that gradual and over a period wearillg'caused by such ordinary use,
Extraord ina'ry, !lseis caus i ng i Illmediate damage wi,th, any veh i cl e or any damage
caused by a.vehi'cle no.t defined within ordinary 'use traffic
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5 INITIATION AND 'MANAGEMENT OF REPAIRS
a" ~ny system for ach,i:evement of repa i rs and ,payment of costs whi.ch, i h
the year in question, is agreeable to the majo'rity of parties, shall
be 'the system uti1 i zed,
b, "Majority" is any, group of landowners, holding 51% or more of the
"points!' as caku'lated in 'paragraph 3 They may, initiate and manage
a program of rO,ad; ma'i ntenahce, or mai ntellance and repa,i r of related
facilities;: 'such ,as gutters, gates, 'etc., The time and. effort,
expended by par.ties hereto in such managefll~nt shall not be
coinpensated. All other costs incurred shall be shared in accordance
with the above formul a. '
c, Achievemen,t of the ,minimum 51% consensus respecHng ma,intehance shall
be evidenced by a written statement, si'gned' 'by pa'rties purporting to
c'onstitute slich, repre'sentat i on A copy oft.he written statem~nt
shall be sent toth,.e address of each partY', as shown on the 1 atest
t,ax assessor',s roll, at least two weeks pr:i:or to the commencement of
any ,work or me i ncurri ng of any ma i n'tenahc'e costs
d See addendum to agreement attached hereto as Exhibit "(" and made a part
hereof
6. .ADI1IN I STRATI ON OF COSTS . The property owner 'or owners i n.it iat ing
repai:r,s'or capital improvements shall be in chargee df making the payments
requi'ned for the work.of improvement. It shall De iflcumbent upon allpr6perty
owner;s to contribute to' the genera) fund to be used for maintenance or capital
i'mprovement in accordanc~,~.iththe point computations referenced above. After
the actual expenditure of funds by any OWller or group of owners such parties
shall be entitled to asse'ss a,ll dther parties fo this Agreement in accordallce
with the formuh set forth above, Said assessmentnot ice shall clearly
spe'cHy' the 8'xpenaTtures, the purpose for same:, and the methodof' ca,l culal ion
UponlCeceipt 'of anysud\ notice of asses~ment" the assess,ed prop,erty owner'
shall h.aye t~n days i,nwhich to dispute the assessment Fa,ilure to resolve
the dispute shall b,e remedied by arbitration as set fqrth hereunder, Omission
by' any a~ses,se.d' prop~rty owner to g.ive not i cein wri t i ng w.i thi n the ten days
of hi;sd:ispute, of the assessment shall .conc.lusively be deemed his consent to
same 'Wilen 'any assessment shall have become fiha,l, .it shall be due within 20
days of that date It'sha.ll be an db1 igati.on collectible by law through all
1 ega 1 process
]"ARB ITrRATION, Any d.i spute among any of the, 'part ies to, th is Agreement
respecUng the, i nterpretati'on of the Agreement or the appl icat i onbf any of
its terms or the action taken by any part)' in accordance therewith, sha llbe
settled by arbitration pursuant to the Civil Code
8, COVENANT RUNNING WITH LAND This Agreement shall be deemed and is
intell;d~d to run, with tile land and be,a restri'ction upon said property, shall
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tJe b.i'nd i'ng upon and inure to the. benefj"t of~;the.'unders i gned, his/her/their
hefrs, personal representatives, 'succe'ssors and assigns, forever or until such
time, as tMe said private road shall be dedicated to and accepted for use as a
,public st~eet or thoroughfare by municipa1 government lawfully exercising
jurisdicti~n over said private road,
9. RECOROIN~ OF AGREEMENT. It is the purpose' of the signators hereto
that this instrument be recorded to the end alld intent that the obl igation
hereby created shall be a restriction upon and shall be secured by the said
property and any subsequent transferee thereof, by acceptance of delivery of a
deed and/or conveyance of the said property shall be dee~ed to have consented
to and become bound by these presents, including without limitation, the right
of any person entitled to enforce the terms of this Agreement to enforce the
restrictidn therein created, such remedy to be cumulative and in addition to
all other remedies at law or in equity
10, SUBSEQUENT USERS. In the event that a party (parcel) not originally
contemplated by this Agreement gains access to said private road, that party
(parcel) shall be required to subscribe to this Agreement, Should any parcel
contemplated by this Agreement be split into multip,leparcels (two or more)
each newly cre~ted parcel shall thereupon be obliged under this Agreement and
incur its portion of maintenance costs as set forth by the point system
herein,
IN 'WITNESS WHEREOF, the parties hereto
dates set forth hereinafter:
"5'l.1-\lI-OZ.
Tax Assessor's Number 3'2.'2. -0 11-03
OWNERS ;:)c:->s.0'P\\ G', L__\,1 c.. \ t> \
Type' or Pri nt
have executed this Agreement on the
U S./1
a [ued;
Type or Print
Date S ~ \ b - q q
~~QJ:/i~~
S'g" "'" ~
/AfiA.-&' I .
~nature
(Each owner shown on Grant Deed must sign)
(Notary .Acknowledgment .attached)
Tax A~sessor's Number
Date
OWNERS
Type or Print Signature
Type or Print Signature
(Notary Acknowl edgmentattached) (Each owner shown on Grant Deed must sign)
ACCEPTED .
ell! c~/'A<<er
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CALIC;:CRNIAALL-PURPOSE.ACKNOWI::EIJG~t::.1't I
State of
=
Jogpph ~ Tnr;,H ~nd l.M~ B. LHeiJ."
NAME(SI OF SIGN .A-
D personally known~o me - OR-liaJproved,to me on the basis of satisfactory evidence
( , to be the person(s) whose name(s))s1are
subscribed to the within instrument and ac-
knowledged to me that Hefshe/they executed
the same in ~/their authorized
capacity(ies). and that by t>~Tltheir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
County of
california.
San., Dip.:~o
On {J-/o en
J DATE
before me,
personally appeared
fi.~ '.';;~;;" 'D'~'~NIS'G wEsf'1
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o .:'~ ~~:. COMM. # 1221977 r-
~ 't,t~" "!;~ NOTARY PUBliC. CA,lIFORNIA '~
L ~~~ SAN ,DIEGO COUNTY .....
N.~~';..~~~~. ~~~~;E~~"~:..t"~?.}.~~~j
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8388
DENNISG, WEST/NOTARY PTlRTT"
NAME~ TITlE OF Qf=FICER E.,;>_: "JANE DOE:" NOTARY puBLIC"
WITNESS my hand and official seal.
~ j)-,(;/~
( SIGNATURE OF N-OTARY
-opiT(]NA~ SEcTiON -.'
CAPACITYCcAll\1EO BY SIGNER
~ statule:~'no(~~uire'the Notary- to
fill In the,data betow.:qoingso may prov'e-
invaluable to pem:>ns relying 00 the document.
D INDIVIDUAL
D CORPORATE OFFICER(S)
TTTlE(S)
[!] PARTNER(S) D LIMITED
lQ! GENERAL
D ATTORNEY,IN.fiACT
D TRUSTEE(S}
D GUAP,DIAN/CONSERV A TOR
o OTHER:
SIGNER IS REPRESENTING.
NAME OF PEASON(S) OR ENTlTY(IES)
Lucidi Family T.imit"pr!
Partnership
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT
Though lhe data r~uested here is not reqUired by law,
it could prevent fraudulent reattachment ofltlis form_
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S} OTHER THAN NAMED,AaOVE
@1992N.ATIQNALNOTARYASSOCIATION'8236RemmeIAve.. P.O. Box 7184. Canoga p~a~i('CA'91-~;7
~ALIFORNIA ALL-PURPOSE';CKNOWLEDGMENT , ,NoS
c..._______-..______'->"/--___~s.~~_______--~-c..____---__--~--...::...<:..'-."--~..:..~--...:...-:.......----..-----------------.......,------~~--~<...~_S~'>'>~">S-.~--...------------~:.;.<-.--<:...~~
State of
County of
On
before me,
NAME. TITLE OF OFFICER E.G.. "JANE DOE. NOTARY PUBLIC'
DATE
personally appeared
}
NAME(5) OF SIGNER(S)
o personally known to me . OR - 0 proved,to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac,
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), end that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
I
I
1
WITNESS my hand and official seal.
SIGNATURE'or NOTARY
- OPTIONAL SECTION-
CAPACITYCLAIMED BY SIGNER
Though stalL-1e dOes n01 require the Notary to
lill in the'data below. doing so may prove
invaluable to persons relying on the document
D INDIVIDUAL
D CORPORATE OFFICER(S)
T1TLE(S)
D PARTNER(S} D LIMITED
o GENERAL
D ATTORNEY,IN,FACT
D TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING
NAME OF PERSON(S) OR ENTIll'lIES)
THISCERTIFICATE,MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
Hl<JugtfllllJ r:l;;l<J requ0slo:d hl:!r~ i<:_ ~101 required by law
"CQuIO nr~v'~f11 fra\J{jul('(11 rr;;J11:Jctimr;111 of tll;<; k"rii,
NUMBER or PAGES
DA TE or DOCUMENT
SI(;NEH(S) 01 Hl.H THAN NAMED AI10V[
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LEGAL DESCRIPTION
EXHIBIT A
TRATPORTIONOFTHEWESTHALF OF SECTION 3, TOWNSHIP'I4, SOUTH, RANGEJ WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICiAL PLAT THEREOF, LYING NORTHERLY OF THE
CENTERLINE OF COUNTY ROAD SURVEY NO 472 (KNOWN AS,POW A Y ROAD), WESTERLY OF
THEEASTERL Y BOUNDARY OF CAUFORNIA STATE H1GHWA Y XI:SD-l98~H (STATE HIGHWAY
NO 67:) IN THE SOUTHWEST QUARTER OF SAID SECTION 3 AND SOUTHERLY OF THE
INTERSECTION OF THE WEST LINE OF SAID SECTION 3 AND THE CENTERUNE OF SAID
CAUF~ORNIA STA TE H1GHWAYXI-SD~I98-H IN THE NORTHWESTQUt\RTER TOGETHERWITH
THE NORTHEAST QUARTER OF THEiSOUTHWEST QUARTER,Tf~ENORTHWEST QUARTER OF
THESO(;iTHEAST QUARTER AND THE SOUTH 10 ACRES OFTHENORTHEAST QUARTER OF THE
SOl!fHEAST QUARTER OF SE(TION 4, TowNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF
EXCEPTING THEREFROM THE INTEREST AS GRANTEDrN DEED TO THE CITY OF.POWAY A
MUNICIPAL CORPORATION, RECORDEDDECEMBER 8,1983 AS FILE NO 83-447029, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THECENTERLINEINT]':RSECTION OF SAIDPOWA,Y ROAD AND HIGHWAY 67
AS SHowN ON SAID COUNTY ROAD NO 472;.THENCE SOUTH 80 DEQREES 42'35" WEST ALONG
THE CENTERLINE OF SAID PO~'NYROAD 300:00 FEET, THENCE-AT RIGHT ANGLES TO SAID
CENTERLINE NORTH.9 DEGREES,J7'25" WEST, 30,00 FEET TO 6 POINT ON THE NORTHERLY LINE
OF SAID.POWA Y ROAD, SAlDPOINT BEING THE TRUE POINT OF BEGINNING, THENCE NORTH
58 DEGREES 42'35" EAST, 2l.54 FEET, THENCE NORTH 74 DEGREES 42'35" EAST, 9500 FEET,
THENCE NORTH 72 DEGREES 42'35" EAST, 58.46 FEET TO THE BEGINNING OF A CURVE
CONCA VEDNORTHWESTERLYHAVING A RADIUS OF 68,00 FEET, THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43 DEGREES'34'55", A DISTANCE OF 51.72 .
FEET TO A POINT OF CUSP, SAlDPOINTOF CUSP BEING ON THEWESTERL Y RIGHT OF WAY
LINE OF SAID HIGHWAY 67,A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS SOUTH 62
DEGREES, 12'16" EAST, THENCE SOU1:'H 15 DEGREES 32'00" EAST, 52,67 FEET TO A POINTON THE
NORTHERLY LINE OF SAIDPOWAY ROAD; THENCE SOUTH 80.DEGREES 42'35" WEST ALONG
SAID NORTHERLY LINE, 221.27 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTINGTHEREFROM TRA T PORTIONO~ THE NORTHWEST QUARTER OF SECTION
3 LYING EASTERLYOFTHECENTERLINE OF CALIFORNIA STATEIDGHWAY XI-SD,198-H (STATE
IDGHWAYNO 67),
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8390
EXHIBIT B
LEGAL DESCRIPTION
PRIVATE ROAD EASEMENT (TPM98-14)
A 40 00 FEET WIDE STRIP OF LAND LYING WITHIN THOSE PORTIONS; OF THE WEST
HALF OF SECTION 3 AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 14
SOUTH, RANGE I WEST, IN THE CITY OF POWA Y,COUNTYOF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE CENTERLINE OF
SAID 40 00 FEET WIDE STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE CENTERLINE INTERSECTION OF lliArCERTAIN COuNTy
ROADSURVEYNO 472.(KNOWN AS POWA Y ROAD, 60 00 FEET WIDE) AND
CALIFORNIA STATE HIGHWAY XI"SD-I98-H (STATE HIGHWAY No' 67,15000 FEET
WIDE) AS SHOWN ON SAID COUNTY ROAD SURVEY NO 472, THENCE SOUTH 8()0
28' 48" WEST ALONG .SAID CENTERLINE OF poW A Y ROAD A DISTANCE OF 300 00
FEET, THENCE AT RIGHT ANGLEiTOSAID CENTERLINE'NORTH 90 JI' 12" WEST A
DISTANCE OF 30 00 FEET TO.APOINT ON THE,NORTHERLY RIGHT OF WAY LINE
OF SAID POW A Y ROAD;THENCE SOUTH 80' 28' 48" WEST ALONG SAID
NORTHERl Y LINEADlSTANCE OF 636 00 FEET TO THE TRUE POINT OF
BEGINNING, THENCE LEAVING SAID NORTHERLY LINE NORTH 60 05' 45" WEST A
DISTANCE OF 40 00 FEET TO THE BEGINNING OF A TANGENT ISO 00 FEET RADIUS
CURVE CONCAVE SOutHWESTERLY, THENCE NORTHERLy AND WESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 710 00' 00" AN ARC
DISTANCE OF 185 87 FEET; .THENCE NORTH 770 05' 45" WEST A DISTANCE OF 40000
FEETTOTlffi BEGINNING OF A TANGENT 15000 FEET RADIUS CURVE CONCAVE
NORTHEASTERLY, THENCE WESTERLY AND NORTHERLY ALONG SAID CURVE
THROUGI:I A CENTRAL ANGLE OF 690 00' OO"ANARC DISTANCE OF 180 64.FEET,
THENCE NORTH.80 05' 45" WEST A DlST ANtE OF 100 00 FEET TO THE BEGINNING
OF A TANGENT 15000 FEET RADIUS CURVE CONCAVE EASTERLY, THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 210 00' 00" AN
ARC DISTANCE OF 5498 FEET, THENCE NORTH 12' 54' 15" EAST A DISTANCE OF
42000 FEET TO THE BEGINNING OF A TANGENT 15066 FEETRADIUS CURVE
CONCAVE WESTERLY, THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 8' 00' 00" AN ARc DISTANCE OF20 94 FEET, THENCE NORTH 40
54' 15" EAST A DISTANCE OF 224 78 FEET TO THEBEGlNNlNG OF A TANGENT
150 00 FEET RADIUSCURVECONCA VE SOUTHWESTERLY, THENCE NORTHERLY
AND WESTERLY ALONG SAID CURVE THROUGH ACENTRAL ANGLE OF 74' 30' 13"
.
83'91
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AN ARC DISTANCE OF 195 04 FEET, TlffiNCE NORTH 69035' 58"WEST A DISTANCE
OF 135 00 FEET TO THE BEGINNING OF A TANGENT 15000 FE~TRADIUS CURVE
CONCAVE SOUTHERLY, THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRALANGLE,OF 420 00' 00" AN ARC DISTANCE.0F 109,96 FEET, THENCE SOutH
68024' 02"WEST A DISTANCE OF 291 40 FEET TO THE BEGINNING OF A TANGENT
15000 FEET RADIUS CURVE CONCAVE NORTHERLY, THENCE WESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 22000' 16" AN ARC DISTANCE OF
5761 FEET, THENCE NORTH 890 35' 42" WEST A DISTANCE OF 50000 FEET TO THE
BEGINNING OF A TANGENT 15000 FEET RADIUS CURVE CONCAVE NORTHERLY,
THENCE WESTERLy ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 330 00'
00" AN ARC DISTANCE OF 86~9,FEET, THENCE NORTH 56" 35' 52" WE~T A
DISTANCE OF 14985 FEET TO THE BEGINNING OF A TANGENT ISO 00 FEET RADIUS
CURVE CONCAVE SOUTHERLY, THENCE WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 330 00'00" AN ARC DISTANCE OF 86.39 FEET,
THENCE NORTH 89" 35' 42" WEST A DIST ANCE OF 18'5 46 FEET TO A POINT ON THE
WEST LINE OF THE SOUTH 10 ACRES OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 4,SAID POlNT'BEING THE POINT OF
TERMINUS OF THIS CENTERLINE.
THE SIDELINES OF SAID40 00 FEET WIDE STRIPOFLAND SHALL BE EXTENDED
OR SHORTENED TO TERMINATE SOUTHERLY IN SAID NORTHERL Y RIGHT OF
WAY LINE OF POWA Y ROAD,AND TERMINATE WEStERLy IN SAID WEST LINE OF
THE ,SOUTH 10 ACRES OF THE NORTHEAST QUARTER; OF THE SOUTHEAST
QUARTER OF SECTION 4
TOGETHER WITH A40 00 FEET WIDE STRIP OF LANDL YlNG WITHIN THE WEST
HALF OFSAtD SECTION 3, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WES;rQUARTER CORNER OF SAID SECTION 3, THENCE
SOUf!l 0029' 34" EAST ALONG THE WESTERLY LINE OF SAID SECTION 3 A
DISTANCE OF 270:5HEET, SAID POINT BEING THE TRUE POINT OF BEGINNING,
THENCE CONTINUING SOUTH 00 29' 34" EAST ALONG SAID WESTERLY LINE A
DISTANCE OF 72592 FEETTO A POINT ON A 17000 FEET RADIUS CURVE CONCAVE
SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH8" 16' 41" WEST,
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13030'
53!' AN ARCDISTANCE OF 40 19 FEET TO A POINT ON A LiNE PARALLEL WITH AND
40 OOFEETEASTERL Y, MEASURED AT RIGHT ANGLE, OF SAIDWESTERL Y LINE OF
SECTION 3, THENCE NORTH 00 29' 34" WEST ALONG SAID PARALLEL LINE A
DISTANCE OF 725.20 FEET TO A POINT WHICH BEARS NORTH 890 30' 26" EAST A
.
.
8.392
DISTANCE OF 4000 FEET FROM THE TRUE POINT OF BEGINNING, THENCE SOUTH
89030' 26" WEST A DISTANCE OF 40 00 FEET TO THE ~RUE POINT OF BEGINNING
.' ""
.
.
839,3,
EXHIBIT "C"
d If, in the CITY's sole, judgment, the PRIVATE STREET 1s not being
maintained to CITY s'tandards, the CITY may th_ereupoh provide written
noti ce to the property owners, theW' nei rs, ilssigns', or successors, to
initiate repairs or construction withih ninety (,90) days Upon failure to
demonstrate good faith to make repairs or construction w,ithin ninety (90)
days of receipt of such notice, the property owners, their heirs, assigns,
or successors ,agree that the CITY may l1laKe ilYi needed repairs to the
PRIVATE STREETtc? meet the CITY standards and th~n assess the costs
thereof to the p'ropefty owners i their heirs:, assTgns, or successors The
property owners, 'their hei rs, assi gns, or ,successorssha 11 rei mburse the
CITY for all reasonable costs incurred by the CI~Y in connection with such
maintenance acti viti es 'If the property owners., thei r heirs, ass; gns.. or
successors do not so reimburse the CITY within thirty (30) days after the
CITY's demand, then the CITY may pursue all of its remedi es at l'aw or in
equ.ity