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Private Streets Maintenance Agreement 1999-0318968--' I h \ I S'11- I 0 . RECORDED REQUEST OF FIRST 'AlaCAN TITLE ~. 8IlllDUIBIOIUWPING DEPlrrTI4ENT RECORDING REQUESTED BY 2982 I I I I I I I I I I I CITY OF POWAY AND WHEN RECORDED MAIL TO' CITY CLERK CITY OF POWAY POBOX 789 POWAY, CA 92074 No transfer tax due DOC '1999-0318968 MAY 11. 1999 8:45 OFFICIAL RECORDS Sl1N DIEGO COUNTY RECORDER'S OFFICE GREGffiV J. SMITH, COltlTY RECORDER FEES: 28.00 AM PRIVATE STREETS MAINTENANCE AGREEMENT THIS PRIVATE STREETS MAINTENANCE AGREEMENT ("Agreement") dated for reference purposes as of the _ day of 1999, is entered into between The Pantone Familv Trust. Dated 2/17/93, (hereinafter referred to as "DEVELOPER"), _' (hereinafter referred to as "ASSOCIATION"), and the CITY OF POWAY, a municipal corporation (hereinafter referred to as "CITY"), for the benefit of future subdivision lot owners who will use the PRIVATE STREETS (hereinafter referred to as "LOT OWNERS," which shall include the DEVELOPER to the extent the DEVELOPER retains any ownership interest in any lot or lots within the PROPERTY). WHEREAS, this Agreement is required as a condition of approval by the CITY of a subdivision project as defined in Section 21065 of the Public Resources Code; WHEREAS, DEVELOPER wishes to provide for the maintenance and repair of those certain PRIVATE STREETS described and shown on Exhibits A and B attached hereto and made a part hereof (hereinafter referred to as the ("PRIVATE STREETS"); WHEREAS, DEVELOPER is the owner of certain real property being subdivided and developed as Parcel Map 98-08 that will use and enjoy the benefit of such PRIVATE STREETS. A complete legal description of said real property is included in Exhibit C 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 in a safe and usable condition; WHEREAS, itis the mutual desire of the parties hereto to establish a method for the maintenance and repair of the PRIVATE STREETS and for the apportionment of the expense of such maintenance and repair; WHEREAS, DEVELOPER has created or will create the ASSOCIATION, to which the LOT OWNERS will belong, for the purposes of maintaining, repairing, and replacing the common areas within the PROPERTY, including, without limitation, the PRIVATE STREETS As each phase of the PROPERTY is annexed to the jurisdiction of the ASSOCIATION pursuant to the Declaration of Covenants, Conditions and Restrictions, for Parcel Map 98-08 ("Declaration") recorded or to be recorded against the PROPERTY by DEVELOPER, the ASSOCIATION shall assume all maintenance obligations regarding the PRIVATE STREETS within each annexed phase of the PROPERTY, and . 2993 . 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 STREETS shall be divided equally among the subdivided parcels created in the PROPERTY and paid by each LOT OWNER or his or her heirs, assigns and successors in interest. Such costs and expenses shall be collected by the ASSOCIATION as assessments in accordance with the Declaration. 3 The repairs and maintenance to be performed under this Agreement by or on behalf of the ASSOCIATION shall be limited to the following, unless the consent for additional work is given by the Board of Directors of the ASSOCIATION reasonable and normal road improvement maintenance work to adequately maintain the PRIVATE STREETS 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 STREETS for normal access, ingress and egress purposes. 4 The obligation of the ASSOCIATION to repair and maintain the PRIVATE STREETS within each phase of development of the PROPERTY as herein set forth shall commence upon the occurrence of both of the following events: (a) when the PRIVATE STREET improvements have been completed and approved by the CITY, and (b) such phase of the PROPERTY has been annexed to the jurisdiction of the ASSOCIATION pursuant to the Declaration. DEVELOPER (and/or any successor developer to which any portion of the PROPERTY is conveyed prior to annexation pursuant to the Declaration) shall maintain the PRIVATE STREETS 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 STREETS shall be the responsibility of the party causing the need fir such extraordinary repair If any such extraordinary repair is caused by a LOT OWNER, the ASSOCIATION shall assess and collect a Reimbursement Assessment against such LOT OWNER pursuant to the Declaration in the amount of the costs of such extraordinary repair The ASSOCIATION shall promptly commence and effect such extraordinary repair The repair shall be such as to restore 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 Declaration, then the ASSOCIATION shall thereafter have all rights with regard to collection of delinquent assessments as are provided in the Declaration. . 2994 . 7 The ASSOCIATION shall at all times maintain liability insurance covering its activities with regard to use and maintenance of the PRIVATE STREETS. in the event the ASSOCIATION retains a contractor to perform any of its maintenance obligation with regard to the PRIVATE STREETS, the ASSOCIATION 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 ASSOCIATION shall jointly and severally 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 STREETS, or to any other third parties arising out of or in anyway 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 9 If in the CITY's sole judgment the PRIVATE STREETS are not being maintained to standards set forth in paragraph 4 of this Agreement, the CITY may thereupon provide written notice to the Board of Directors of the ASSOCIATiON 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 LOT OWNERS and the ASSOCIATION 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 ASSOCIATION. The ASSOCIATION shall reimburse the CITY for all reasonable costs incurred by the CITY in connection with such maintenance activities. If the ASSOCIATION 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, said work shall be without warranty Said repair shall be accepted "as is" by the LOT OWNERS and the ASSOCIATION 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 OWNERS and the ASSOCIATION. 13. 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 constitute a covenant running with the land and any subsequent purchaser of all or any portion of the PROPERTY, by acceptance of delivery of a deed and/or conveyance, regardless of form, shall be deemed to have consented to and become bound by this AGREEMENT - ... . 2995 . 14 The terms of this Agreement may be amended in writing upon approval of the Board of Directors of the ASSOCIATION and consent of the CITY 15 This Agreement s~all 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 Pantone Family Trust C::-1J~ Anton M. Pantone Date.~ g, (q99 , By' Its: Trustee By' EO..- Date g' Or/L- ,I 9 ?'1 Its: Trustee ACCEPTED CITY OF POWA Y By' Date: 4-/f-?? By ~~.~ Date' 'f!:/"l-" 97' '. . 2996 . CALIFORNIA ALL.PURPOSE,.ACKNOWLEDGMENT - ~ -.. -- -- . [ c:.At-Ifl12NIA ~VI~ On --hfri/ g-,.J.qqq before me, ~e.:nE , (VI.f;tJ~ perSOnallyappeare:'. JvMVkl M. ~-VNt rN"Iq26f'~/;g.{;:~~~ Name(s) of S~~r(s) o personally knowhto 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 acknowledged to rTle' that he/she/they executed the same in his/her/their authorized capacity(ies), and 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. State of County of .. '"'''''''' 1 -c" HENRIETTEM BURBANK ~' NOTARY PUBlIC:CALlFORNlAili COMM. NO"I/96964 '!? . SANDIEGOCOUNTY .h" 'MY COMM. EXP; SEPT. 27,.2002 w S my hand 'and official seal. Signature of Notary Public , . .Though the information below-is not requirsci'by 'Jaw, it may prove valuable' to persons/elying, on the document and could prevent fraudulent removal and reattachment of this form' to 'another document. Description of Attached Document Title or Type of Document: -x'{L\\IP?W ~~l9'Ice-~ Number of Pages: 71'f:1{A I Document Date: Signer(s) Other Than Named Above: ~N'G' Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name:, D' Individual o CorPorate Officer Title(s): o Partner - O.Limited D'General o Attorney-in-Fact o Trustee o GuardianorCohservatoi o Other~ Top at thumb here o Individual o Corporate Officer Tit/e(s): o Partner- 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other. Top of thumb here Signer Is Representing: Signel Is Representing: o 1994 National Notary Associatio'". 8236 Remmet Ave., P.O. B~x 7184. CallOga Par)(, CA 9130i7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 . . 2997 EXHIBIT 'A , ROAD MAINTENANCE AGREEMENT LEGAL DESCRIPTION TPM 98-08 A PORTION OF PARCEL IOF PARCEL MAP 9427, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY .RECORDER OF SAN DIEGO "~,,, - .' . -'.- " COUNTY, NOVEMBER 29, 1979 AS FILE'NO 79-503026 OF OFFICIAL RECORDS. BEGINNING AT THE MOSrSOUTHEASTERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE EASTERLY LINE OF SAID PARCEL I NORTH 2009'02" EAST 341.26 FEET TO A POINTON THE NORTHERLY LINE OF THAT "PROPOSED 40FOOTPRIV A TE ROAD EASEMENT" AS SHOWN ON SAID PARCEL MAP;9427; THENCE.LEAVING SAIDEASTERLYUNE AND ALONG SAID NORTHERLY LINE NORTH 89010'13" WEST 691.85 FEET TO THE WESTERLYUNEOF SAID PARCEL I; THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID WESTERLY LINE SOUTH 0009'38" WEST40cOO FEETTO A POlNTON A LINE WHICH IS 40.00 FEET PARALLEL AND PERPENDICULAR TO SAID NORTHERLY LINE; THENCE LEAVING SAID WESTERLY LINE AND ALONG SAID PARALLEL LINE SOUTH 89010'13" EAST 623.79 FEET, TO A TANGENT20.00 FOOTRADIUS'CURVE,;CONCA VE SOUTHWESTERLY, THENCE SO'(JTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85019'33" A DISTANCE OF 2978 FEET; - THENCE TANGENT SOUTH 3050'40" EAST278,I7 FEET, TO THE SOUTHERLY LINE OF SAID PARCEL I, THENCE ALONG SAID SOUTHERLY LINE SOUTH 71011 '45" EAST 18.00 FEET TO THE POINT OF BEGINNING. As more particularly shown'on Exhibit 'B' attached hereto and by thisreference made a part hereof. CONTAINING 0.860 ACRES, MORE OR LESS. A.P,N. 278-240-18 E I LD-D BARVE , JR. P.L .5292 EXPIRES 12/31/1 IN.2t74.RDMAIN.DOC 04/07199 " ~ '" 5 " <L V> W o I EASNALf ,':l: >(-.\rt <(1')- ROAD VICINITY MAP NO SCALf EASTVALE ROAD L PARCEL 'J PM -J8038 I ITV OF POWAY - TPM 98 8 PARCEL 1- PARCEL MAP 9427 OAKCANYON ROAD '" "" " " "" Q::'O ~ '" SKYRIDGc: ROAD 2898 VAll HAl ROAD ROS I I 6068 I I N8cnl'J5~V 2'l'l. ~ N02'J5'=O"[ < 42.11 NB<roO'20"V 26tJCl' ~/ 'N ~ >' Nacf1o'1J"v 6CJl85' ~ 476.89' ~ / .rg PARCEL 4- , ::::::::::'.':::::::::::::::::::::::::::::::::::::::::::-:~~'~':':::':':::'::::::::::~'~.~;::'::.::::::::: I ~ PM 9427 L=2't7B" -:-:-:-: Na :}r .~ P1~". ~ ~< t~~ ~ ::::' ~ PM 'Ji'J9'J R ~ iJl J~ PARCEL 1 2.562 ACRES t<B51t5B"E VJJ,5t 200 , 400 I I SCALE 1"=200' ~ ~ li1, '" PARca -J PM 9427 Ijl O! PARca 2 PM 'J8038 ~ E:::::::l PARca 2 PARCEL 3 3.866 ACRES '" ~ <0 f'i PM 9427 ~ PRCPOE 40' PRlVA1r ROAD EA~ PER PM q.f27 NB1.4q'.t5..V 210.~' " C(R Fa. 1 PM 't427 NB7'J2'04~[ $59' .p.O~ ,t6~ 4'''' ,}o4>.... .... .i?.s> lil ,bP ~~"".:p N ~'" "'. Ie APiA TO BE MAINTAINED ~ " 321~ 33 6 r- Lj I ROS -13-J36 EXHIBIT 'B' ~- . 299U . EXHIBIT 'C' L2G~L DESCRI~TION TEE Lfu~D REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIoO~~IA, COUNTY OF SAN DIEGO, fuVD IS DESCRIBED AS FOLLOWS ~P'RCEL A J P~RCEL 1 OF PARCEL MAP NO 9427, IN DIEGO, STATE OF G\LIFORNIA, FILED IN OF SAN DIEGO COUNTY, NOVEMBER 29, OFFICIAL RECORDS THE CITY OF POWAY, COUNTY OF S~~V THE OFFICE OF THE COUNTY RECORDER 1979 AS oILE NO 79-503026 OF RESERVING THEREFROM IN FAVOR OF THE GRANTOR AN EASEMENT AND RIGHT OF WAY FOR INGRESS A.1~D EGRESS, ROAD MID UTILITY POROSES INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER .WI) CABLE TELEVISION LINES A.1\!D APPURTENANCE THERETO, OVER, UNDER, lI.LONG fu\!D ACROSS THOSE PORTIONS DELINEATED AND DESIGNATED AS "PROPOSED 40' PRIVATE ROAD EASEMENT" ON SAID PARCEL MAP SAID EASEMENT IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF SAID PARCEL MAP PARCEL B .Z\N EASEMENT FOR INGRESS A.1\!D EGRESS FOR ROAD. PURPOSES 40 00 FEET IN WIDTH, OVER THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, ~Z\NGE 1 WEST, SA.1V BERNARDINO BASE .~\!D MERIDIlI~, IN THE COUNTY OF SlI..N DIEGO, STATE OF CALIfORNIA, ACCORDING TO UNITED STATES GOVER..tfMENT SURVEY; THE NORTHERLY LINE BEING DESCRIBED AS fOLLOWS BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF LAND DESCRIBED IN DEED TO CARLTON I. SCHMOCK, ET UX, RECORDED MARCH 17, 1959 IN SOaK -7551, PAGE 423 OF OFFICIAL RECORDS; THENCE NORTH 89041'30" WEST TO "':'EE EASTERLY TERM:NUS OF ?ARCEL "E" OF EASTVlI.LE 20AD, NOW COUNTY ;EGE'/i;',: PER RESOLu~ION RECORDED JANUARY 6, 1967 AS FILE NO 2549 OF OFfICIAL RECORDS