Private Streets Maintenance Agreement 2000-0264691
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DOC .~ 200.0-0264691
RECORDING REQUESTED BY
MAY 22. 2000 8:37
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 22,00 '
AM
CITY OFPOWAY
AND WHEJ'l RECORDED MAIL TO:
CITY CLERK
CITY OF POW A Y
POBOX 789
POWAY, CA 92074
NO TRANSFER TAX DUE
(THIS SPACE FOR RECORDER'S USE)
PRIVATE STREETS MAINTENANCE AGREEMENT
THIS PRIV,tTE STRE{{S JI1AINTENAN<':E AGREEMENT ("Agreement") dated for reference purposes
as ofth~ day of, prl \ , 2000; i~ entered into between John A. Munos and Mona L. Munos,
hereinafter referred to'as "OWNERS", arid the CITY OF POW A Y, a municipal corporation, hereinafter
referred to as "CITY"
WHEREAS, this Agreement is required as acoridition of approval by the CITY of abuilding permit pursuant
to Section 17.52.040 of the Municipal Code_and Ordinance 303,and 304 relative,to construction ofa single
family residence at 12260 Rimbach Road;
WHEREAS, Owner wishes to provide for the maintenance and repair of those certain PRIVATE STREETS
described and shown on Exhibit Aattached hereto and made a'part hereof, hereinafter referred to as,the
"PRIV A TESTREETS",
WHEREAS, Owner is the owner of certainreal property being,developed,as 12260 Rimbach Road that will
use,and enjoy the benefit of such PRIVATE STREETS, A complete.legal aescription of saidreaLproperty
is inc1ude~,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 mutuahntention of the parties that this Agreement constitute a covenant running with
the Property, binding upon each successive owner 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 owners of all
or any portion of the Property areexpresslyoound hereby for the benefit of the Property
2. The cost of maintaining the PRIVATE STREETS shall be,bome by the OWNERS or his or her heirs,
assigns, and successors in interest. Notwithstanding"the foregoing, OWNERS may seek-contributions
or recompense from and'by an other owners, heirs, assjgns and:successors in interest who may be
obligate9 under similar Private Street Maintenance Agreements with the City of Poway relevant to
this section of private roadway
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3 The repairs and maintenance 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
acle.quatelymaintain'the,PRIVATE STREETS and any related drainage faci,Iities,to permit normal
access,.ingress and egress to and from the,Property Repairs.and'maintenance under this Agre~ment
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 OWNERS as outlined herein shall commenc~ with the issuance ofa building
permit by the CITY to construct a single family dwelling at, 12260 Rimbach Road,
5 In the event the OWNERS retain a contractor to perform any'maintenance and obligation with respect
to the PRIVATE STREETS, the OWNERS shall require such contractor to maintain liability. insurance
to cover any liabilityarising,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
ard attorney's fees, incurred by or payable to any otheruse,ofthe,PRIV A TE STREETS, or to any
other third parties arising out. of or in any way related to the use, repair or maintenance of the
PRIV ATE STREETS, Nothing in this Agreement, the specifications, or other contract documents or
CITY's approval of.theplans and specifications for or inspection of the work regarding the PRI\, A TE
STREETS is intended to indude a review, inspection, or acknowledgment of a responsibility for any
such matter, and CITY, CITY's engineer, and their consultants,and each,oftheir officials, directors,
officers, employees and agents, shall have absolutely no responsibility or liability therefor
7 If in the CITY's sole judwent the PRIV ATE 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 n ninety (90) days of receipt of such notice the
OWNERS agree that the'Crry may make all needed repairs to the PRIVATE STREETS to meetthe
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 SaidTepair shalLbe,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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11 It,is tl],e purpose, of the signatorY- hereto thattllisinstrument be,ecorded to the end and ini~nt that the
obligations hereby, created shalrbe and constitute a covenant 11ll1i1ing with the land and any subsequent
purchaser of all or ariy portion of the Property; by acceptance of deliverY- of a deed and/or conveyance,
rega.;dlessofform, ~hall be deemed to have cons'eiMdtb a'ildbecome bound'by this Agreement.
12, This Agreement shall begoverned'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, thevalidity,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
'OCOWNERS'(f77 &::rn~.
(~lionLW-l1tflH~
Date: D"-I - 0 '3 - {)()
Date: Of - ()? -m
For CITY OF POW A Y
Approved as to fo ~A~~
Date: 4-11-00
Date:
'7- /I-e>-J
e~LlFORNIA ALL.PURPO_ACKNOWlEDGMENT .
State of ~<?' L /.-
County of ~~ L2IRr
On "1- 3-00 before me, (j r'
Date I NW1e and TItle 01 Othcer {e.g., Jan ce, Mula\)! Public")
personally appeared ~ .4-, ~ ~ "71...<t ~ ,~ ~ <L
tl' Nam,") oj 51,,,,,,)
J,-~ .-.' - ,~ -- V:. ~. '-:--, -, '-. - ,~ ~
. ',' VIVIAN IiMCZIS .
. CommIsSiOnlt1194521 l5
I NDtgyPubOc -~ ~
San DIego CounIy, ,
t.._ _ ~.::":~~~2:~1
o personally known to me
~ proved to me on the basis of satisfactory evidence
to be the perso~whosenam@ i$@ubscribed tothe
within instrument and acknowled ed to me that he/sh~
executed the same in his/her their uthorized capaci~
and that by his/he~ignatu on the instrument the
perso~r the entity upon behaif of which the persor@p
acted, executed the instrument.
WITNESS my hand and official seal.
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Signature of Notary Public
OPT/ONAL
Though the information below is not required by:law, it may prove valuable to persons refying 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:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
~
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other'
.
Top' of thumb" here
o Individual
D Corporate Officer
Title(s):
D Partner - 0 Limited 0 General
D Attorney'in.Fact
D Trustee
D Guardian or Conservator
D Other' Top 01 thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
@ 1996 National Notary Association. 8236 Remmet Ave., P.O. Box 7184' Canoga Park. CA 91309-7184
Prod. No 5907
Reorder: Call Toll Free 1-800-876-6827
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THr;POB,TION.0F RHvfBA~H B,QAJ? BETWEEN POMERADOROAD AND:THE
WESTERLYB0UNDARNOF THELAND CON,V,EYED TO JOHN A MUNOS.AND MONA
- . _~> ~ ~_"_~"_' "__d' . "." .. . --<,
1. MUNO~, BY HiE DE@ pA17r;D DECEMBER IS,1998AND RECORDED AS
DOCUMENT NQ 19998c0815QIOINTHE SM:J:JDIEGO CQUNTY RECORDER'S OFFICE,
COUNTY OF SAN'DIEGO STATE OF CALIFORNIA AND IT'SSOUTHERL Y EXTENSION
TWENTY FEET WIDE.
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EXHIBIT 'Ii"
LEGAL DESCRIPTION
THEWESTERL Y 90,OOFEETOFTHA T PORTION OFTHE:NORTH Hl'iLF OF THE NORTHWEST
QUARTER OF"niE SOUTHWESTQU~~TER OF SECTiON 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDINO BASE AND MERlDIAN"IN THE CITY OF POWA Y, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THERE6F, DESCfUBED AS FOI_LOWS,
I3EGINNING AT THENORTHEAST CORNER Of'LAND CONVEYED TOPOMERADU UNION SCIIOOI
DISTRICT BY DEED DATED MAY I, 1,924 i\ND RECORDED IN,BOOK 75 I, PAGC381 0F DEEDS, SAID
CORNER 13EING APOINT ON HfE'l:ASTLlNE OF THE NOR'fHII'AI!F Of THCNORTHWEST OIJARTF.R
Of SAID SECTION 14; DISTANT THE'I~tON'JIOOO fEET NORTI~ERiiy fROM THE SOUTHEAST
CORNER OF SAID NQRTH HALF, niENCEFROM SAID P01NTOF !3EGINNING;,WESTERL Y "'LONG
THE NORTHERLY LINEOFSAlD'Scr:ioOL DISTRICTLAND AND ALONG THE WESTERLY
PROLONGATION QF,:SAID NORTHERI_ Y LINE, NORTH 8804i'02''WEST, " D!STANT OF 59000 FEET,
THENCE NORTHERLYPARAiLEL WITtlTHE EASTERLY LINE OFTHE NORTHWEST QUARTER.OF
THE:SOUTHWEST QUARTER OF SECTION '14, NORTH 0023'35"EAST, A D!STANCEOF 175 00 FEET,
THENCCEASTERL Y PARALLEL,WI1;f'jf!{!,'NORTHERL Y LINE OF 'n.iENORTHWEST QUARTER OF
THE,SOU'FHWEST QUARTER OF SAlD,SECTION 14, SOUTH 88033,26"'EAST"A DISTANT OF 59003
..;-. ". . '._'C_'.. . ~
FEET TO THE EAS:rERLYI3NE OE THE NORTHWEST QUART,ER OF'l'HE SOUTHWEST QUARTER Of
SAID SECTION 14;THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH0"23'35" WEST, A
DISTANT OF 17J:52'FEET TO THEPOIN'f OF BEGINNING
EXCEPTING THERE fROM THE NORTHERLY 10,00 FEET
PREPARED BY
....a/~ ~ Ic?- /.- 11
IVILLlAM,C. Y . RCE 33730 DATE