Private Road Maintenance Agreement 1999-0108915
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DOC ~1999-0108915
FEB 23~ 1999 8:21 AM
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RECORDING REQUESTED BY
CITY OF POWAY
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(This space for Recorder's.Use)
AND WHEN RECORDED MAil TO
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OFFICIAL RECORDS
SAN DIEGlJ COUNTY RECORDER'S OFFICE
GREGlJRV J, SMITH, ClIUNTV RECORDER
FEES: 16.00 .
r-lllllm II ""1/!l11l/1I11 ,,~
1999'0"108915
CITY CLERK
CITY OF POW AY
P.O. BOX 789
POWAY. CA 92074
No transfer tax due
PRlV A TE ROAD
MAINTENANCE AGREEMENT
nlls PRIVATE DRIVEWAY MAINTENANCE AGREEMENT ( "Agreement" ) dated for reference purposes as of the
day of February 10, 1999, is entered' i~to between Stuart Broadhead and Clay Carley( hereinafter referred to as "Owners").
WHEREAS, this agreementis-required as a condition of approval by the City of Poway for a proposed single
family. residence located, 16208 Oak Creek Trail in the City of Po way and the adjacent property located at 16202 Oak
Creek Trail also in the city of Poway;
WHEREAS "Owners" wish to provide fonhe.maintehance and repair of the PRIVATE ROAD desribed and shown
as PARCEL E. an easement. and right of.wayfaringress and egress, road.and utility purposes, including ~,jjt noUiniite<! to
electric power, telephone, gas, ,water, sewer,.andcable television lines and appurtenaiices'thertoj.over, under, along:and
across that portion of Parcel'3 ofParce(f'lap No. 11951 recorded in the office o"rthe:County Recorder of~,a!, 'Diego
County, February II, 19'82 as File/Page No. 82-039085 , delineated and designated as "Proposed 25 Foot Private Road
Easement ";
WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE ROAD be maintained in a safe and.
usable condition;
WHEREAS, it is the mutual desire of.the parties hereto to estabiish a method "forthe maintenance alld'repair of the
PRI V A TE,ROAD and for the apportionment of the expense of such maintenance and repair;
WHEREAS, it is the mutual intention of the parties that this agreement constitute a covenant rUllning with the land,
binding upon each "Owner"
NOW, THEREFORE, IT IS HEREBY AGREED AS FOllOWS,
I The property benifitted Iiylhis Agreement is the PROPERTY The present and successive
"Owners" of all or any portion of the PROPERTY are expressly bound hereby for the benefit of
the PROPERTY
2. The cost of maintaining.thePRIV A TE ROAD shall be divided equally among the "Owners"or his or her
heirs, assigns, and successors in'the interest. Such costs'and expenses. shall be:paid by each "Owner"
in accordance with the agreement entered into for repair or maintenance of said PRIVATE ROAD
3 The cost of any and all repairs required to correct damages to the PRIVATE ROAD shall be the responsibility of
the party causing the need for such repair
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4. ".Qwners" shail jointly. and severaily defend and indemnifY and hold harmless CITY, and CITY's
engineer and their consultants and each of their officials,..d"trectors, officers, agents and employees from and
against all liability; claims, damages,. losses, exp~nseg"pers9~al \njul)' and other costs, including costs of
defense and attorneis fees, incurred by or p~yable to;any other '!owner",.any user ,,[the PRIVATE ROAD, or
to any other third party arising oul.of or in any way relllted to the use of said PRIVATE ROAD.
5.The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each of
the "Owners" and each and every person who shall at any time own ail or any portion of the PROPERTY referred
to herein.
6. It is understood and agreed that the covenants herein contained shall be liinding on the heirs, executors,
administrators, successors and,assigns of each of the "Owners"
7 It is the purpose of the signatory. hereto that this instrument be recorded to the end and intent that the obligations
hereby created shall be and shail constitute a covenant running with the land and any subsequent purchaser of
ail or any portion of the PROPERTY, by acceptance of delivery ofa deed and/ or conveyance, regardless offornl,
shail be deemed to have consented:to and become bound by this agreement.
8. The terms of this agreement niay be amended in writing upon approval of the "Owners" and consent of the
CITY
9 This agreement shail be governed by the laws of the state of California. In the event that any of the provisions
of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity
and enforceability of the remaining provisions shall not be affected thereby
IN WITNESS WHEREOF, the parties have executed this agreement on the dates set forth hereinafter.
By'
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By G~i3 /'1
Date:
;)- /0-97
Clay Carley
Date:
Stuart-
ACCEPTED'
CITY OF POW A Y
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Date:
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CALIFORNI.A
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COllNT) OF
San Di ego
On February 11, 1999 before me, Janice f1. Quigley, Notary Public
DATE NAME, TITLE OF OFFICER, E,G:, "JANE DOE, NOTARY PUBLIC"
personally appeared,
personally known to me (or proved to me on the basis of satisfactoryevidence)lo:be the.person(s)
whose name(s) is/are subscribed to "the within instrumeriran'd acknowledged to me that t)e/she/
they executed the same in his/her/their authorized capacity(iesl, and that by his/her/their
signature(s) on the instrument tile person(s), orthe entity upon behalf of whichtheperson(s) acted,
executed the instrument.
stuart Broadhead
WITNESS my hand and official seal.
(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT Priya te Road Ma i ntenanc~ Agreement
DATE OF DOCUMENT February 10, 1999
NUMBER OF PAGES
2
SIGNER(SlOTHER THAN NAMED.ABOVE
Clayton N. Carley aka Clay Carley
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3587
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CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNn OF
SanDi ego
On
February JO, 1999 before me
,
OATE
Janice M. Quigley, Notary Pub.l ic
NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC"
personally appeared, q,ayto1]~., Carley aka also known as Clay Carley
personally known to me (orprovedtom.e,on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to:thewithin instrument "ar:ld acknowledgEld to me tbat he/she/
they executed the same in his/her/iheir authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the.person(s), orthe entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand' and official seal.
(SEAL)
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,l.8' '. Jani.ce M. Quigley.!:
o ,- Comm. #.1070600
e .. : NOTARY PUBLIC . CA1..1FORN~AOGl.
I SAN DIEGO COUNTY
'...... FOl\. Comm. E_Xp. Aug. 27 1999 t
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OPTIONAL INFORMATION
TITLE OR TY,PE OF DOCUMENT ' Pri va"te Road Mai n"tenance Agreement
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DATEOFDOCUMENTo February 10, 1999
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NUMBER'OI' PAGES
2
SIGNER(SlO:rHER THAN NAMED ABOVE
Stuart Broadhead