Private Streets Maintenance Agreement 1999-0318968--'
I h \ I S'11- I 0
. RECORDED REQUEST OF FIRST 'AlaCAN TITLE
~. 8IlllDUIBIOIUWPING DEPlrrTI4ENT
RECORDING REQUESTED BY
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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
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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.
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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
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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'
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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
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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
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EXHIBIT 'B'
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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
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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