Private Streets Maintenance Agreement 2008-0563615
~ECORDING,REQUESTED BY:
l.gndArnetica Commercial Services
DOC tt 2008-0563615
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RECORDING REQUESTED BY
OCT 28, 2008
3:34 PM
CITY OF POWAY
UFFIlIi'.L F:ECORC'S
'3.t.JJ [IIErl0COUr"JT'Y' RECOR[.IEFi'S OFFICE
I~REGORYJ SI,IITH, COUNT\' REL'-IF:DER
FEES 29.uO
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
P.OWAY; CA 92074
PAGES: 7
111111111111111111111111111111111111I11111111111111I1111I111111111I1111111111111
7852
(THIS SPACE FOR RECORDER'S USE)
APN: 277.080-09
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PRIVATE STREET MAINTENANCE AGREEMENT
(THE HEIGHTS SUBDIVISION)
THIS PRIVATE STREET MAINTENANCE AGREEMENT ("Agreement"), dated for
reference purposes as the ~ "i day of Oc.--rbBe/Z , 2008, is entered into between
BBA Partners, LLC, hereinafter referred to as "OWNER", and the CITY OF POWAY, a
municipal corporation, hereinafter referred to as "CITY",
WHEREAS, this Agreement is required as a condition of approval by CITY of
TIM 02-02, pursuant to Sectiori 17.52.040 of the Poway Municipal Code, and Ordinances
303 and 304, relative to construction of the subdivision and construction of two private
roads, Sunset Point Road and Sunset Ridge Court: and
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 "PRIVATE STREET"; and
WHEREAS, OWNER is the owner of certain real property being developed as a
residential subdivision containing two private roads, Sunset Point Road and Sunset Ridge
Court, and a portion of Valleyview Road from Deer Valley Estates to the beginning of
Sunset Point Road that will use and enjoy the benefit of such PRIVATE STREET.
A comQlete legal description of said real property is included in Exhibit B, attached hereto
and made a part hereof. Said real property is hereinafter referred to as "Property"; and
WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREET
be maintained and repaired in a safe and usable condition; and
WHEREAS, it is the mutual intention 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 benefited by this -Agreement is the Property, The present and
successive OWNER of all or any portion of the Property is expressly bound hereby
for the benefit of the Property,
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7853
2. The cost of maintaining the PRIVATE STREET shall be borne by OWNER, or his or
her heirs, assigns, and successors in interest. Notwithstanding the foregoing,
OWNER may seek contributions or recompense from and by all other owners, heirs,
assigns and successors in interest who may be obligated under similar Private
Street Maintenance Agreements with the City of PoWay relevant to this section of
private roadway.
3. The repairs and maintenance to be performed under this Agreement by or on behalf
of the OWNER shall be limited to the following: reasonable and normal road
improvement maintenance work to adequately maintain the PRIVATE STREET, and
any related drainage facilities, to permit normal access, ingress and egress to and
from 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 STREET
for normal access, ingress and egress purposes.
4, The obligation of OWNER as outlined heJein shall commence with the recordation
of the City of Poway Final Map TM 02-02.
5. In the event OWNER retains a contractor to perform any maintenance and
obligation with respect to the PRIVATE STREET, the OWNER shall require such
contractor to maintain liability insurance to cover any liability arising as a result of its
activities with regard to such maintenance activities.
6. OWNER 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 and attorney's fees,
incurred by or payable to any other use of the PRIVATE STREET, or to any other
third parties arising out of or in any way related to the use, repair or maintenance of
the PRIVATE STREET. 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 STREET 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
therefore.
7. If, in the CITY'S sole judgment, the PRIVATE STREET is not being maintained to
standards set forth in Paragraph 3 of this Agreement, the CITY may thereupon
provide written notice to the OWNER 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 OWNER agrees that the CITY
may make all needed repairs to the PRIVATE STREET to meet the standards set
forth in Paragraph 3 and to then assess the costs thereof to the OWNER. OWNER
shall reimburse CITY for all reasonable costs incurred by the CITY in connection
with such maintenance activities. If the OWNER does not so reimburse the CITY
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7,654
within thirty (30) days after the 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. Said repair shall be accepted "as is" by
the OWNER and 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 OWNER.
1'1, ,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.
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
he,e;,,"e,_ / / Alr/" P~l'nas.,,-c
OWNER: gl-:~ Date: ~'-:::'IO~
S. Eric Ottesen
CITY OF POWAY:
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Date:
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Attachments: 1) Notary Acknowledgement
Approved As To Form
Office of the City Attorney
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Date:
) 0 -2 -08
Lisa Foster, City Attorney
M:\engserv\08Reports\TTM 02-02 The Heights\Private Streets Maintenance Agmt.docx
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CA.LlfORNIA ALL,PURPOSE ACKNOWLEDGMENT
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State of California
County Of~-"r---~"""
O~ CJ - /- 0 8 before me, VI
Date
personally appeared ~ <). h I ~ \::) -ff e.:s
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Narne(s) ofSlgner(s)
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Place NolarySeal Above
who proved to me on the basis of satisfactory evidence to
be theperSbn~ whose nameO()@altl subscribed to the
within instrument and acknowledged to me that
~'lxe/t~y executed the same in@~r/thle;r authorized
capacity~), andthatb~ttkr/tMiir signaturetl(j on the
instrument the person()l),' or the entity upon behalf of
, which the person\1) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph' is
true and correct.
WITNESS mj ~and ~nd official seal. _
SignaturL "_-, ,O,~
S,gnatureol Notary ubllc
OPTIONAL
Though the information be/owls not required'by Jaw, 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
TitleOrTypeofDocument:-P~ 0;f;u.-j- /l{~COd1C''''', 9~
Docurnent Date; de- ~ IJ ~OO;f Number of Pages: ~
Signer(s) Other Than Named, Above: ~ ~
Capacity(ies) Claimed by Signer(s)
Signer's Name--S .-E...r J'e.- ()-/fot::"
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Individual
Corporate ()fficer - Title(s):
Partner -'fJ Limited 0 General,
Attorney in Fact
Trustee
GLiardian or.Conservator
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Other;
s- ~ ner's Name:
Din ual
o Corpora fficer - Tille(s):
o Partner - 0 ited 0 General
o Attorney in Fact
L1 Trustee
. . Ci Guardian or Conservator
j[." 0 Other:
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~r; Igner Is Representing:
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Signer Is Re.\l\esenting:
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@2007 National Notary Association' 9350 De S6to Ave, P.Q, Box 2402' ChalSWOrth. CA 91313:2402' WWw.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876.6827
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EXHIBIT 'A'
CITY OF POWAY TM 02-02
APN 277-080-09
7656
CONTINUATION OF
VALLEYVIEW ROAD
I
PAGE 1 OF 2
9
A
~
PRIVATE ROAD TO BE
MAINTAINED WITH
PRIVATE STREET
MAINTENANCE
AGREEMENT
OPEN
SPACE
7
SUNSET POINT
ROAD
SUNSET RIDGE ~
COURT
OPEN
SPACE
4
SUNSET POINT
ROAD
\
\
EDGE OF
PRIVATE
ROAD -
PAVING
3
6
2
OPEN
SPACE
CD
EDGE- OF PRIVATE ROAD
AND UTlUTY LOT
G
V ALLEYVIEW ROAD
PRIVATE
DRIVEWAY
DEER VALLEY EST A TESI
OLD COACH ROAD
/
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SCALE: 1"=500'
ENGR\ W00320 \ RDMAI NTENANCE\ R D MAl NTENAN C E. DWG
PLOTTED: 9/29/08
7651
EXHIBIT 'A'
PAGE 2 OF 2
THE PRIV A TEROADS TO BE MAINT AlNED ARE CONTAINED WITHIN LOT 'B'
OF ClTY OF POW A Y FINAL MAP TM 02-02 AND COUNTY OF SAN DIEGO MAP
NO. 1S"12 >"
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EXHIBIT 'B'
LEGAL DESCRIPTION
7658
PARCEL 1
PARCEL A OF BOUNDARY ADJUSTMENT NO, BA05-07 RECORDED JUNE 1,
2006 AS INSTRUMENT NO. 387392, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
PARCEL 2 TOGETHER WITH A PORTION OF PARCEL 1 OF PARCEL MAP NO.
1648, IN THE CITY OF POWAY, COUNTY OF SANDIEGO, STATE OF
CALIFORNIA, ACCORDThlG TO PARCEL MAP THEREOF FILED IN THE OFFfCE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20,197:3 AS FILE
NO. 73-169595 OF OFFICIAL RECORDS, PORTION OF PARCEL 1 DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE
ALONG THE EAST LINE OF PARCEL 1, SOUTH 2059'04" WEST (SOUTH
3012'13" WEST PER P.M. 1648),670.89 FEET; THENCE NORTH 32057'09" WEST
570.93 FEET; THENCE NORTH 54003'32" WEST, 307:38 FEET TO A POINT ON
THE NORTH LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTH LINE
NORTH 88059'23" EAST (NORTH 89012'02" EAST PER p.M. 1648),594.44 FEET
TO THE POINT OF BEGINNING,