Loading...
Private Streets Maintenance Agreement 2000-0557234 '; I ~'_; ~ ~ . ,..... , . no~ r'lililO il J:. 5' 7.....3'4 Lvv=v~ L., ' " RECORDING REQUESTED BY OCT 17. 2000 10:21 AM OFFICIAL,RECORDS SAN DIEGO COUNTY 'RECORDER'S OFFICE GREGORY J. sMItH, COUNTY RECORDER FEES: 22.00 CITYOFROWAY 2836 AND WHEN'RECORDED MAIL TO' CJTY CLERK CITY OF POW A Y POBOX 789 POW A Y, CA 92074 NO TRANSFER TAX DUE PRIVATE STREETS MAINTENANCE AGREEMENT THIS.PRlV A T~TREETS MAINTENANCE AGREEMENT ("Agreement") dated for reference purposes as of the 30" \ day Of~. . '~~ 'ocr:- ' 2000, is entered into between :::fO\' n F\. n k.Jr\C')"<" .. a ,('{\un.o"::. ,hereinafterreferred to as "OWNERS", and the CITY OF POWAY, a municipal corporation, hereinafter referred to as "CITY" WHEREAS, this Agreement is requiredasa condition of approval by the CITY of a building permit pursuant to Section 17.52,040 ofthe'Municipal Code and Ordinance 303 and 304relative.to construction ofa single family residence at I 3 a ClILeerh.kr\e.. WHEREAS, Owner wishes to provide for the maintenance and repair of those certain PRIVATE STREETS described and shown on Exhibit A attached ,hereto and made a part hereof, hereinafter referred to as the "PRIV ATE STREETS"; WHEREAS, Owner is the owner.ofcertairi'real property being developed as J3~~ Ilf'ed.., LI't\1at will use and enjoy the benefit of suchPRlVAJE STREETS. A complete legal descnption of said real property is included 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.ofthe parties hereto that the PRlVATESTREETS be maintained and repaired in a safe. and usable condition; WHEREAS, it is the mutual intentiimofthe 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. The property benefitted by this 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 at' maintairiing,thePRIV ATE STREETS shall be bomeby..the oWNERS or his or her heirs, assigns, and. successors in'i,Ilterest. Notwithstanding, the foregoing, OWNERS may seekcOl'ltributions or recoriipenseJiom and by"llJ' other owners, heirs, assigns and successors in interest who may be obligated under similar Private StreetMaintenance Agreements with the City of Poway relevant to this section of private roadway Q.DP--'t \ 5bLj -1'1 ) '~'~::J / l-4Icl~:q~:>; 00-156 . 2837 . 3 The repai.r!i'a,I1.clD1,ainten,an~e to be performed under this Agreementby or on behalf of the OWNERS shaW be limited to the following: reasonable~and normal road<improyement mai]1tenance work t() adequately rnaintail1.thePRIV ATE STREETS and any related drainage Jacilities to permit normal access,ingressand:egress to:andfromthe Property Repairs arid m'aintenanceunder.this Agreement ;;h~li 'include; buNiren6Uliriited 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 re.asonably 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 commence with the issuance of a building permit by the CITY to construct a single family dwelling at l'3a~1 ~..,\<., ~. 5 In the eventthe OWNERSretain,a contractor to perform any maintenance and obligation with respect to the PRIVATE STREETS;,theOWNERS shall require such contractor to maintain liability insurance to cover any liability arising as a result of its activities with regardto$uch maintenance activities. 6. OWNERS shall defend and indernnify and hold harmless CITY, CITY's engineer and their consultants and eachoftheir officials, directors, officers, agerits'arid 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 use of the PRIVATE STREETS, or to.any other third parties arising out of or in any way related to the use, repair or .maintenance of the PRIVATE STREETS, N()thingin this Agreement, the specifications, or other contract documents or CITY's approval of the, plans and specifications for or inspection of the workregarding thePRIYATE 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. 7 If in the CITY's sole judgment 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 ninety (90) days of receipt of such. notice the OWNERS agree thatthe CITY'may make all needed repairs to ,the PRIVATE STREETS to meet the 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 reiIl}burse the CITY within thirty (30) days after CITY's demand, then;CITY may pursue all of its remediesaUaw or in equity 8. Ifthe CITY elects to make necessaryTepairs in accordance with paragraph 7 above, said work shall be without warranty Said repair .shall be accepted "as is" by the, OWNERS and the without any warranty of workmanship. 9 The foregoirig 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, adiriinistrators, successors and assigns of the OWNERS. \ . 2838 . 11 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 consehtedto and become bound by this Agreement. 12. This Agreement shall 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 F",OWNERS~ ~~ n . ~unos . 1'3 Mona L. Munos Date: 10 - 09 - oeO Date: /0 ~ 9 - t'J 0 For CITY OF POW A Y Date /tJ./O.OO . 2839 . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~ - .. . ..-- ,-- - - ~~~Q"-C<'-c<'?:2!X'~,c(:',QQ.c<'.c<'.c<'..c<'.c<'-<X'.,C(!,(f;('"ij('AX'-?Y~:/o)f.if~'-::-y'1 ., State of Caiifomia County of ~ tCI~ 1'5 () On Or*dDer'l,~ before me, .5 Date } ss personally appeared 3'oh~ A of! Name and Tille of Officer (e.g., "Jane Doe. Nola Public") 1Yl11f)()5, - fV) ona.., /,.. IY)U()o::, Name(s) ofSigner(s) '@- .';;'~,~.,;o;a: - J - Commission # 1223093 i' Noby Pubfoc - Cafifcmlcj ~ j San DIegO Caun1y. ~ _ _ _ ~_~m.:~,:~~~~~! , , Place Notary Seal Above o J3srE8AslI) 1':1 IUVVI I lv me ~ proved to me on the basis of satisfactory evidence to be the person@ whose name(5J' is/(r) subscribed to the within instrument and acknowledged to me that Relstre/~ executed the same in -Ais+Aer~ authorized capacity(~), and that by his.'19erll!lW- signature~on the instrument the person@, or the entity upon behalf of which the persont') acted, executed the instrument. WITNESS my hand and official seal. ~J..IIPfbJr~ SignalureofNolary Public OPTIONAL Though the information below 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: 9c.\)Cl:;\e. S-\i'ee1":. (I'\.>i(yt ~N'\ t- Document Date: Sepl:.. ~Oj ~O Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee D Guardian or Conservator o Other' Number of Pages: ,~ Top of thumb here ,. c:<;;- . ==-====-=-=.c",x;=-=-="",==-='(x;g;=-='(o,;""""-=",,,-==-<;,;<,>.i Signer Is Representing: i!:l1999 National Notary Association' 9350 De Soto Ave., P.O. Bo~ 2402' Chat$worth; CA 91313-2402 '/l'Ww_natlonalnotarv_orp Proo. No. 5907 Raorder:CaIITolI-FrQO 1.800-876.6827 . . 2.840 . Et.hlbi+ P\ THE WESTERLY 20.00 FEET OF ALL THAT 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 POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO RECORD OF SURVEY 16435, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 17, 1999 EXCEPTING THERE FROM THE NORTHERLY 140.00 FEET "'V""~''"'''''''''7.''~7 / "'?:"::'~;-?"')C?/ :/i .~ .' I ,I lj ,.W if f .. .. . 2841 . 44 qq _, ('. EXHlBiT"B" PARCEL 3 LEGAL DESCRIPTION (AFTER ADJUSTMENT) THE WESTERLY] 18.00 FEET OF THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION ]4, TOWNSH]P i4 SOUTH, RANGE 2 WEST SAN BERNARDiNO BASE At'JD MERIDIAN, IN THE COUNTY OF SAN DIEGO STATE OF CALIFORNiA, -\CCORDiNG TO OFFICIAL PLA T'rHEREOF, DESCRlBED AS FOLLOWS. BEGiNN]NG AT THE'NORTHEAST CORNER OF LAND CONVEYED TO LORRAINE A. YOUNG BY DEED DATED FEBRUARY 13, 1957; t;NI) DESCRJBED IN BOOK6488, PAGE'263 OFOFFIC]AL RECORDS, SAID CORNER BEING A POINT ON THE EAST LINE OF SAID NOR"TH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTE'Ii. QF SAID SECTION 14, DisTAi'-n 483.58 FEET, NORTHERLY FROM THE SOUTHEAST CORNER OF SAID NORTH HALF; THENCE FROM SAID POINT OF BEGINNiNG WESTERL Y ALONG THE NORTI:fEktY liNE OF SAID YOUNG'S'LAND, .NOR TH 88"33 '26" WEST A DISTANT OF 590.03 FEET, T(yfi-IE NORTHWEST CORNER 'n IEREOf', BEfNG A POINT IN THE BOUNDARY OF LAND CONVEYED 1'0 BEVERLY WARD RIMBAC'!:J BYDEED DATED AUGUST ]5 ] 957, AND RECORDED ]N BOOK 6825)PAGE 254 OF OFFICIAL RECORDS, THENCE NORTHERLY ALONG SAID BOUNDARY'OF RIMBACH'S LAND, NORTH 0"23':35"EI\ST, A DiSTANT OF 186.91 FEET TO THE NORTHERLY LINE OFSAID,NORTHWEST QUARTER OF THE SOUTHWEST QUARTER. THENCEEASTERL Y ALONG.SAIDNORTHERL Y LINE OF SAID NORTHWEST QUARTER OF TI'IE SOUTHWEST QUARTER, SOUTH 88"33'26" EAST A DiSTANT OF 590'03 FEET, TO THE NORTHEAST CORNER THEREOF, THENCE.SOUTHERL Y ALONG THE EASTLlNEOF SAID NORTHWEST QUARTER TO THE SOUTHWEST QUARTER, SOUTH 0?23'35"WEST ADiSTANT OF i86.91 FEET TOTHE POiNT OF BEGINNING EXCEPTING THEREFROM THE NORTHERL Y i40.00 FEET ALSO THE NORTHERL Y ]0,00 FEET OF THE WESTERLY 90 00 FEET OF PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION i4, TOWNSHIP 14 SOUTH, RANGE 2 WEST, DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF LAND CONVEYED TO POMERADO UNION SCHOOL DiSTRJCT, BY DEED DATED MAY I, 1924 AND RECORDED IN' BOOK 75], PAGE 381 OF DEEDS, SAID CORNER BEING A POINT ON THE EAST LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION ]4, DISTANT THEREON 3]0.00 FEET NORTHERLY FROM THE SOUTHEAST CORNER OF SAID NORTH HALF, THENCE FROM SAID POINT OF..BEGINNING, WESTERJ, Y ALONG THE NORTHERLY LINE OFSAIU;SCHOOL DiSTRICT LAND AND ALONG THE WESTERLY PROLONGATiON OF SAID NORTHERLY LINE, NORTH 88"42'02" WEST, A DiSTANT OF 590.00 FEET, THENCE NORTHERLY.PARALLEL WITH THE EASTERLY liNE OF THE NORTHWEST QUARTER or Ti IE ~OUTHWEST QUARTER OF SECTION I'] NORTH 0923'35" EAST, ^ D!SlANCE OF i 75.00,FEET I'HENCE EASTERLY PARALLEL WiTH THE NORTHERL'y LINE OF THE NORTHWEST QUARTER' IF TilE SOUTHWEST QUARTER OF SAID SECTION 14, SOUTH ~~O,3'26" EAST A DISTANT OF 590 03 FEET TO THE IOASTERLY LiNEOF TIlE NORTHWEST QUARTli,!' OF THE SOUTHWEST QUARTER ur SAID ,ECTI()N 14, THENCE so(rcHERI..'y ALONG SAiD EASTERLY liNE, SOUTH 0"23'35" WEST A Di~TANTor 173.52 FEET TO THE POiNT OFBH,iNNiNG. PREPARED BY --/J41X~ y~ I r:1-b -11 WiLLiAM C YEN, ReE 33730 DATF i ! ! ,', :r,:~~f;,;;,~i!';,~i1j,;~ff;{~:;ioi:l',~,';" <', ;;' i,\; , . .. ,'" , . '. ~ , , ,'., -~ ',1; ; ",' . , , , '. , . , , ::-,' i;'.": " , :'\;[; '-\:::{~};":~,<,::,:;'l:". . ':." '; . , .