Private Streets Maintenance Agreement 2000-0264687
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nocf 2000-0264687
RECORDING~REQUESTim BY
CITYOFP0WAY:
MAY 22:. 2000 8: 3p
OFOCIAL RECORDS . . ...
SAN DIEfiOjCOUNTV RECORDERiS,OFFlCE
GREGORVJ. SllITH,COUNTV RECORDER
FEES:- 25.00
AM
ANDWHEN.RECORDED'MAIL TO'
tI1'Y 8LERK
drF6FPOWAY
PO BOX 789
POWAY, CA 92074
j.jOirRANSFER TA~pUlO
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(THIS,,;'p A~EI'OR RECORDER'S,liSE)
PRIVATE $TREE;rS MAINTENANCE AGREEMENT
THISPRIV~E STRE~~,~NANCE AGREEMENT (':Agreement")datedJor reference purposes
as of the 3 day of r~ Cl ',~OO~, is entered into getween lohnA Mun~~ and Mona L M\lnos,
heremafter.referred to.as "OWNERS, ana the CITY OFPOWAY, a munIcIpal corporatIOn, heremafter
referred to as "CITY';
WHEREAS, this Agreement is required as a.condition of approvalby.the CIlY of a buildingpeimltpursuant
to Section 17.52,0400ft.he,Mlmiclpal Code and Ordinance 303 and 304 relative to construction of a single
family residence:at 13251 lohnPatiPLane;
WHEREAS"Owner wishes toprovide:for.,the maintenance and repairofthosecertainPRIV ATE STREETS
descfiben arid.shown on ExhibitAattached hereto and made a part l1ere6f, hereinafter referred to as the'
"PRIV ATE STREETS"
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wHEREAS, Owner is the,owneroCcertain real property being develofledias 13251 John Paul Lane that will
use and enjoythe.benefitofsuchPRIVATE'STREETS. A compJete:legaldescription ofsaidTeaJ property
is incJudedin'E)(hi~it B attacllenheretoiirid made a part hereof. Said'real,property is hereinafter referred
to as the "Property",
WHEREAS, itis the, mutual desire oftl1e'parties hereto that the PRIYATE'STREETS be maintained and
repaired ina safe and'usablecondition;
WHEREAS, itis.the mutUal interitibnofthepartiesthatotI:!is Agreemerit constitute a covenant running with
the' Property, binding upon each successive' owner of the Property
NOW, THEREFORE; IT IS ItEREBY AQREED AS. FOLLOWS:
The'prop~rty bel}~fitted by:this Agree111e!1(isthe'Property; The present and successive owners of all
or any portion.ofthe'PropertY are expressly bound, hereby for the,benefit of the Property
2. The costofmaintaining,the PRIVATE STREETS shall be.bome byitheOWNERS or his:or her heirs;
assig!Js, and successors in interest No!iiithstanding,ihe.foiegoirig"ClWNERS may seeKcontribtitions
orrecqmpense,from and by.~ll o.ther owners; heirs; ~ssign.sand s!-!,ccessorsin interest who. may be
obligakdunder similai:PrivateSrreet Maintenance Agreements with the City of Po way relevant.to
this section of private roadway
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." 3 TJ:lerepairs'andmaintenance to.be peiformed,under:tliisAgreeinent'by or on behalf of the OWNERS
shailfidiinltect to the following: reasonable and,nohtial'road improvementmaintenanfe work to
adequately maintain'the1PJUVATE STREETS, and any ~elat~d.dniihage facilities to permit normal
access, ingress and egre~ss to and fnim.the Property Repairs and niaintenanceunderthis Agreemerit
shall inClude, but are not liinitedto, filling of chuckholes, repairing cracks, repairing. and resurfacing
of roadbed,s, repai~ing l!TId m~intaining drainage structures; removing, debris, maintaining signs,
inarkers, striping ana lighting,iif any"and such other work asis reasonably necessary or proper to
repair andpreserve'the PRf\!ATE',sTREETS for normai'access, ingress and egress.purposes,
4 The obligation of the OWNERS as outlined herem shaIl'.commencewith the issuance of a building
permit by the CITY to constrUCt: a single 'family dwellil)g.at 13251 John Paul Lane.
5 In the event the OWNERS'Tetai[l'a contract.or to perform any maintenance and obligatiOllwith respect
to the PRIVATE STREETS,:the OWNERS shall require such contraCtor,to m~;ntain.liabilityinslliahce
to cover any liability arising'asa.fesult of its activities with regard,tosllch maintenance activities,
6, OWNERS.,,'shall defend and indemnify and hold harmless CITY, CITY's engineer and their
consultants and eachoqheirofficial~, c!irectors, officers, i!gents and employees from-and against all
liability, claims,damages,Josses, expenses, personal irijurY and other,costs"ihcluding costs of defense
and attomey'sfees, incllrred by' or. payable to any other use'oHh~e,P~lVATE STREETS, ort<? any
other third parties arising out of or in any way related to tneuse, repair.or maintenimcecif the
PRIVATE STREETS. Nothing'inthis Agreement, the specificatiol)s,orothercontract documents'or
CITY'~approval of the plans andispecifications for or inspection of the work regarding the PRIVATE
STREETS iSiritended.to'incitide,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,
.,_ U ._. ... _ '".... -, _
officers, employees and ~gents"shallhave absolutely no responsibilitY or liabilitY therefor
7 If in the CITY'ssolejudgmen,t the PRIVATE STREETS are not being,maintained to standards,set
forth in paragraph 3 of this Agreement, the CITY may thereupon provide written notice to the
OWNER.8"to injtiate repairs, or c'!tlstructton within ninety (90), d~ys,' Upon failure to demonstrate
good .faith to make repairs of constiliction within' n ninety (90) days of receipt of such notice the
OwNERS agree thatthe,CrIYmay make.all needed repairs to the PRIY ATE STREETS'to;l1)eet the
standards :set .forth 'in paragraph 3 :al)d to then assess the ccistsOthereof to the 'OWNERS. The
OWNERS shall reimburse the GITY'for allreasonable costs incurred by, the CITY in connectioi: with
such.maintenance activities, lftne:9\IINER~ do notsoreimbursethe:CITY within thirty (30) days
after CITY's demand, then' CITY may pursue all of its remecliesatlaw or in equity
8. If the CITy: elects,to,make,hecessaiy'repairs.inaccordancewith paragraph 7 above, said work shall
be withollt warranty ,said repair, shall be accepted "as .is" by tne OwNERS and the without any
wammty ofworkmiihship.
9 The foregciiijg covenants shall fun 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 und.~r~tood and agreed that the covenants herein contained shall be binding on the 'heirs,
executors, administrators; sticcessorsahd assigns of the OWNERS.
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II It is the puipose.of,the signatory hereto that this <instrument be recorded to the eria andjritent'that the
oilligiitions hereby, created shall be and constitute'a'covenantrupningwiththe,lancl'andany subsequent
pur~hl1.~erof~llor any p~rtionofthePr<?perty; byaccep.tallceofdelivery of a deed al1d/or conveyance,
regardless offofm"shalfbe deemed to:have conseiltedto and'be'come bound by'this Agreement.
12. This AgreementshaUbe,govemed by the laws of the State,6fCalifomia. In the eventthatany of the
provisions of this Agreementare',held to be unenforceable or invalid by any court of, competent
jurisdiction, the validitY and enforceability of the rel1!aining provisions shall not be affe.cted thereby
IN WI~SS WHEREOF, the.parti~s,have executed this Agreement on' the dates set forth hereinafter
FOCOWNERSif9 A~
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Date: ~ - D S- _00
Date: G If - () '3 - (Y()
For CITY OF POWA Y
Approved as to form: ~~~~
Date:4-/J:. tJO
Date: '/-1/- {H)
C~LlFORNIAALL.PURPol ACKNOWLEDGMENT .
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On QOJ.-I I ,I) :::>()OO before me
U oo.le
personally appeared "'J': hI'> ,.4. .H CAAl05
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Name and litle of qfficer(eg"
Name(s) 01 Signer(s)
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. Commission # f19~
~, Nofary Pu, b1ic - CaliiOO1ia ~,
z SanD' CoUn1'i-
f _ _ _ _My~'~~':.~2.~~f
D personally known to me
~proved to me on the basis of satisfactory evidence
to be the person~ whose namer...YiS7are subscribed to the
within instrument and acknowledg~ me tha@'she/they
executed the same @her/their authorized capacitY\ies),
and that b~er/their signatureM on the instrument the
person'Nz or the entity upon behaif01which the person~
acted, executed the instrument.
WITNESS my hand and offiCial seal.
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Signatureo! Notary, Ie
OPTIONAL
Though the information be/ow is not required by law, it may prove valuable to persons relying 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:
D Individual
D Corporate Officer
Title(s):
D Partner - D Limiied D Generai
D Attorney-in-Fact
D Trustee
D Guardian or Conservator,
D Other' Top of thumb here
RIGIfT THUMBPRINT
OESIGNER~
D Individual
D Corporate Officer
Title(s):
D Partner -0 Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other' Top of thumb here
Signer Is Representing:
Signer Is Representing:
@ 1996 National Notary Association' 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
Prod. No. 5907
Reorder: Call Toll Free 1 800-876 6827
CALIFORNIAALL,PURPol ACKNOWLEDGMENT .
b~/W/4,
County Of"J/~ D./ 'i"'"
On 4,.,;-)'/ 3: Qo/')() before me,
7 /Dale
personally appeared M /'? Y) 6' L,
State of
/11'/-'/1(1<;
Name(sJ.6f.Signer{s)
- - - - - "!' ~, -~'- - -I
V1V1ANMACZIS, .
1.,. Commlsslon # l19045p ,
i NOtav, . PubrlC , CoIilania,~
z, ;: SOn DlElgo Coun1y t
J' _ .j _ ~~.;~-:.~2~~ '
o personally known tome
~ proved to me on the basis of satisfactory evidence
to be the personN.. whose name~re subscribed to the
within instrument and acknowledged1'o me that he~they
executed the same in his"@1eir authorized capacity'(ies),
and thatby h~heir'signature'(s).on the instrument the
person(G), or the entity upon behalf of which the perso~)
acted, executed the instrument.
WITNESS my hand and official seal.
4/;~. , ~a~:> 1'~
SlgnalU~ryPubhc '"/
OPTIONAL
Though the information be/ow is notrequired.by law, it may prove valuable to persons relying 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
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney,in,Fact
o Trustee
D Guardian or Conservator
D Other'
.
Top of thumb here
Signer Is Representing:
Signer Is Representing:
. .
,
@ 1996 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park. CA 91309-7184
Prod. No. 5907
Reorder. Call Toll-Free 1-800-876-6627
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EXHIBIT A
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LEGAL DESCRIPT10N - ROAD EASEMENT PARCEL 2
THE WESTERLY 20,00 FEET OF THE SOUTHERLY 60,00 FEET OF THE NORTHERLY 140,00 FEET OF
THA T PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH; RANGE 2 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF POWA Y, COUNTY OF SANDIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS,
BEGINNING AT THE NORTHEAST CORNER OF LAND CONVEYED TO LORRAINE A. YOUNG BY DEED
DATED FEBRUARY 13, 1957, AND DESCRIBED IN BOOK 6488, PAGE 263 OF OFFICIAL RECORDS, SAID
CORNER BEING A POINT ON THE EAST LINE OF SAID NORTH HALF OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 14, DISTANT 483,58 FEET, NORTHERLY FROM
THE SOUTHEAST CORNER OF SAID NORTH HALF, THENCE FROM SAID POINT OF BEGINNING
WESTERLY ALONG THE NORTHERLY LINE OF SAID YOUNG'S LAND NORTH 88'33'26" WEST, A
DISTANT OF 590,03 FEET, TO THE NORTHWEST CORNER THEREOF, BEING A POINT IN THE
BOUNDARY OF LAND CONVEYED TO BEVERLY WARD RIMBACH BY DEED DATED AUGUST 15,
1957, AND RECORDED IN BOOK 6825, PAGE 254 OF OFFICIAL RECORDS, THENCE NORTHERLY
ALONG SAID BOUNDARY OF RIMBACH'S LAND, NORTH 0'23'35" EAST, A DISTANT OF 186,91 FEET
TO THE NORTHERL Y LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER,
THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER, SOUTH 88'33'26" EAST A DISTANT OF 590,03 FEET, TO THE NORTHEAST
CORNER THEREOF, THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER
TO THE SOUTHWEST QUARTER, SOUTH O'23'35"WEST A DISTANT OF 186,91 FEET TO THE POINT OF
BEGINNING,
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EXHIBIT "fl"
PARCEL 2
LEGAL DfOSCRIPTION (AFTER ADJUSTMENT)
;rHE SOUTHERL Y'60'!)(1 rTf'T OF THEtNORTHERL Y 140,00 f'EET OF THE WESTERLY J'] 8'00 FEET Of
THATPORTlON,OF THE NORTII;II'AU'OF niE NORT~IWEST;QUARtERDFTHE SOUTHWEST
QUARTER OFSECTlON' 14, i:OWN.~'fIXPI4 ~9UTH,.RANGE i \VEST,SAN BERNARDINO BASE AND
MERIDIAN,.INTHE CLFYOF POW 0Y;:COUNTY OF SAN DIEGO 8T A TEOF CALlFORNfA, ACCORDING
TO OI'nCIAL PLAT TIIEkEOF,.DES0RIBED AS FOLLOWS,
BE(!tNNiN~LA'l; Tl{f: NORTHI~AST CORNER OF,I.AND CONVEYED TO LORRAINE A, YOUNG BY IJEEr>
DA 1'1'0 FEI3~UARY 13" 1'1,7 ,AND DESCRiBED IN BOOK 6488, PAGE263'OF OFFICIAL RECORDS, SAID
CORNERBEING,A POINT ON "!iHE r:ASTLlNEOF SAID NORTHHALF'OF THE NORTHWEST QUARTER'
01' THE sounj'WESI'QUAIUEROi: sAm SECOT!ON 14. DISTANT 483 '8 FEET, NORTHERL Y FROM
THE SOUTHEAST CORNER 6('SA"IDNORTHHALF, THENCE FR0M;SAID;POINT OF BEGINNING
WESTERL Y ALONG Tf1L',..j"OI{THFtRL y'LINE OF SAID YOUNG;S LAND"NORTH88"33:26" WEST '^'
DISTo\NT 01"59003 [:EEI', TO THE NORTHWEST CORNER THEREOF"BEING A POINT INTHE
BOIJNDARY OF LANTH,'ONVI..\'EiYH.JBEVERLY WARD'IUMBACHBYDEED DATED AlJ,GUST 1';;
1957, ANDREC()RDED INl1lC)OK 6825. PAGE 254 OF OFFICIAL RECORDS, THENCE NORTHERU
~L6NG SAlp BoiJNi1Ai( Y lJF RIMBACH'S:l:AND,NORTH 0'23 '35" EAST, A DISTAl''!' OF 186,91 FEET
TO THE'NOR10HERLY LINE ()F~AID1NORTH,WEST QUARTER OF'THEiSOUTHWEST QUARTER:
T,HE:-JCE EASTERL '1 ;.LON<i.SAIIYN(.JR1:HERLY LINEal' SAID,N0RTHWEST QlJARTER'OF THE
S()lJ'fH\VEST QUARTER, SOUTH 88~33'26"EAST, A DISTANT 01"590,03 FEET, TO THEN0RTHEAST
CORNFR THEREOF, THENCF SOUTHERLY ALONG THE'EASTLINEOFSAIDN0RTHWES'r'QI JARTEii
ro THE SOUTH\VEST'Ql,ARTER, <;OUTHlJ"23 35"WEST, A'DISTANTOF 186,91 FEET T0THE POINT ()).
BEGINNING,