Loading...
Road Maintenance Agreement 1988-097973 .~,,'i '., , ,,"\r . ',. 2137 . 8 8 0 9 7 9 7 3 ".,~~:~.\I.'~ 'l,. I '. ."r""""""" =::;"_ I '.',i1fCOnO!WIH 1 Or:rlCI^h nr(~nIN1fi . :OJ;;" {>1',,!c,hr>c',! -. q' Y"-", .~- -..,. " _ oW ,-,n.." tiIt:LOl,t,,!!il f, It!! I Recarding Requested By,: AM q;~ mElj W\R - 3 AI,\ ~t 2 G CONTINENTAL LAND TITLE CO . . o. I VERA L. LYLL i When RecardedReturn Ta: COU~, I Y !?i;C;;'[;;;t : -- --.,.' CITY CLERK City .of Poway 13325 Civic; Center Drive RF /S Poway" Chiifornla 92064 AR /3 ,MG / This space for Recorder's use ROAD MAINTENANCE AGREEMENT The purpose of this agreement 1S to provide for adequate maintenance of the roadway Welton Lane and Meadow Creek Lane (formerly Sudan Road), Poway, California, The agreement is executed by the parties herein, and' will run with the land in perpetuity as a convenant upon the property described herein, The standard of improvement shall be that set forth by the owners of the, property described herein, maintaining or exceedin'g the standard of improvements as they exist as of the date this document is recorded. WHEREFORE, the undersigned agree as follaws: 1. PARTIES AND PROPERTY . The parties hereto Eire thase property owners who have executed this agreement and their heirs, executors, administrators;, 'assignees, and successors in interest, upon all whom this agreement shall be binding. The realty held by each party is identified by the tax parcel number adjacent to the signature of each par,ty. The legal descrip~:lon of the parcel upon which the project is located is set forth in Exhibit "A" attached hereto and incorporated herein, The status of the property (i,e., impro'ved, unimproved, etc.) shall be redetermined as of the first o'f March of each year, The parties participation in this agreement shal',l callectively be responsible for 100% of the cost of ~aintenance irrespective of whether or not all persons who u,tilize the rond subscribe to this agreement. 2. ROAD The description of the roads which are the subject of this agreement is attached hereto as Exhibit "B" and made a part here.of, Page 1 . 2138 . . .'.... 3. MAINTENANCE. The costs of routine maintenance resulting from ordinary wear 'and tear shall be borne by the parties in accordance ,with the following lor-mula: a. In that Welton Lane and Meadow Creek Lane end in a dead end, property owners nearest the sole public access road will not have occasion to use the full course of the road. For this reason, fairness dictates that only those property owners commonly using a portion of that road shall be made to bear the cos"ts of maintaining that portion of road. Therefore, maintenance costs of portions of the road used only by certain persons', because they are situated farther from the public access road and beyond the boundaries of other owners, shall be borne only by those parties, b. Maintenance of the road by all parties who use the road in common shall be allocated in accordance with the following point system: 1. Each party is allocated 10 points by virtues of ownership of a lot. 2. For a structure not used more than 30% of the time, 20 addi bonal points, 3. For a structure which lS used more than 30% of the time 50 points wi 11 be added, 4. Any owner using a vehicle one ton capacity or over for any period of time has 5 points added, 5. Commercial lots will be assessed an additional 20 points. 6. For every 25 feet of road, measured from the public access road to the farthest boundary of a lot, an additional 5 points wi 11 be added, The Point/Lot Chart 1S attached as Exhibit "C" and made a part hereof by this reference, Page 2 ;; : ,.. 2139. c.MAINTENANCE EXAMPLE: A property owner with a house on his/her p~operty, not commercially used or with heavy trucks, hav'ing a far boundary 1500 feet from 'the public access road will be allocated: Comm'l or Lot Structure Truck Distance Total Pts. Points Points Points Points 10 50 0 300 360 This property owner's points will be divided by the sum of all property owners' points that are parties to this agreement to determine his/her share of the maintenance cost: 360 / 3726 sum owners' points = 9.7% of the total maintenance bill. 4. EXTRAORDINARY. DAMAGE. It shall ,be' the obligation of each party hereto to make and pay for all repairs to road, and all related structures (drains, dip sections, road signs, gutters, gates, fences, etc.) when the same have been damaged by the extraordinary use of that party or his/her, agents or employees, Examples of such extraordinary damages are those damages caused by heavy equipment, such as might be used during construction. Ordinary use will be for passenger wear over a period of time. Extraordinary use is caus ing immed iate defined damage w,i thin ordinary use traffic, 5. INITIATION AND MANAGEMENT OF REPAIRS. a. Necessary maintenance, r'epairs, and or capital improvements will be decided on by a majority of parties as defined in section "c" of this paragraph, in accordance with the parties intentions to provide a safe roadway for the welfare of all residents. Projected, costs and an example of the formula are attached as Exhibit "D" and made a part hereof, b. Any system for achievement of repairs and payment of costs which, in the year in question, IS agreeable to the majority of parties, shall be the system utilized. c. "Majority" is any group of landowners holding 51% or more of the total points as calculated in paragraph 3, They may initiate and manage a program of road maintenance and repair of related facilities such as, gutters, gates, etc. The time and effort expended by property owners in such management of maintenance and repair shall tlot be compensated. All other costs incurred shall be shared in accordance with the above formula. Page 3 " . . 2140 d. Achievement of the minimum of 51% consensus respE3cting maintenance shall be evidenced by a written statement, signed by the parties PUrPorting to cons'titute such majority, A copy of th'is written statement, including proposed work schedules, delivered to. the address of each party, as shown on the latest tax assessor's roll, at least two weeks prlor to the commencement or any work or the incurring of any maintenance costs. 6. ADMINISTRATION OF COSTS, The property owners or owners initiation repairs or capital improvements shall be in charge of making the payments required for the work of improvement. It shall be incumbent upon all property owners to contribute to the general fund to be used for maintenance or capital improvement in accordance with the point computations referenced above, After the actual expenditure of funds by any owner or group of owners such parties shall be entitled to assess all other part'ies to this Agreement in accordance with the formula set forth above. Said assessment notice shall clearly specify the expendi,tures, the purpose for same, and the method of calculation. Upon receipt of any such notice of assessment, the assessed property owner shall have ten days in which ,to dispute the assessment. Failure to resolve the dispute shall be remedied by arbitration as set forth hereunder, Omission by any assessed property owner to give notice in writing within the ten days of his/her dispute or the assessment shall conclusively be deemed his/her consent to same, When any assessment shall have become final, it shall be due within 20 days of that date. It shall be an obligation collectible by law through all legal process. The prevai 1 ing party in any such court action shall be entitled to costs and reasonable attorney's fees, 7. ARBITRATION. Any dispute among any of the parties to this Agreement respecting the interpretation of the Agreement or the application of any of its terms or the action taken by any party in accordance therewith, shall be settled by arbitration pursuant to the Civil Code, 8. COVENANT RUNNING WITH LAND. This Agreement shall be deemed and is intended to run with the land and be, a restriction upon said property, shall be binding upon and insure to the benefit of the undersigned, his/her/their heirs, personal representatives, successors and assigns, forever or until such time as the said private road shall be dedicated to and accepted for use asa public street or thoroughfare by municipal government lawfully exercising jurisdiction over said private road, Page 4 " .. . 2141 . 9. RENEWAL. This agreement shall be binding for five (5 ) years and shall automatically renew itself for successive five (5 ) year terms unless terminated 1n writi~g by holders of .51% or more of the outstandihg points. Said wri tt'en instrument shall become effective upOn its recording in the Office of the County Recorder of San Diego, State of California. 10. AMENDMENTS. This agreement may be amended at any time and from time to time, by 'an instrument 1n writing signed by the holders of fifty-one percent (51%) or more of the outstanding points. Said written instrument shall become effective upon its recording in the Office of the County Recorder of San Diego, State of California. Notwithstanding the above, the City of Poway shall be notified in writing of any proposed amendment to this agreement and shall have thirty (30) days from 'receipt of written notice to exercise the power to veto any proposed amendment, so long as the City of Poway is a party to this agreement. 11. RECORDING OF AGREEMENT. It is the purpose of the signators hereto that this instrument be recorded to the end and intent that the obligation hereby created shall be a restriction upon and shall be secured by the said proper1;y and any subsequent transferee thereof, by acceptance of delivery of a deed and/or conveyance of the said property shall be deemed to have consented to and become bound by these presents, including without I imi tation, the right of any person entitled to enforce the terms of this Agreement to ,enforce the restriction therein created, such remedy to be cumulative and 1n addition to all other remedies at law or in equity, 12. SUBSEQUENT USERS. In the event that a party (parcel) which did not originally subscribe to this Agreement wishesJtp to participate in the Agreement; that party (parcel) shall subscribe to this Agreement and establish the number of points allocated to their Lot. 13. LIABILITY INDEMNIFICATION. In the event that liabi lity is incurred by any party hereto for failure to maintain the subject road, or any portion thereof, such liability shall be borne by the parties hereto in accordance with the percentages of the total points allocated to each party as calculated in Paragraph 3, Each party shall indemnify and hold harmless each other party from any liability in excess of such percentage. Page 5 . . 2,142 . IN WITNESS THEREOF, the parties hereto have executed this Agreement on the dates set forth hereinafter: --------------------------------------------------------------- Tax Rate Area: 17112 Date:_f_~_~__ Parcel Numbers: 323-262-28 323-262-29 323-262-30 OWNER: William J. Elder , OWNER: Norman K. Elder Tax Rat,e Area: 17112 Date:_5 ~ ~_ Parcel Numbers: 323-280-30 323-280-31 323-280-32 OWNER: William J. Elder Tax Rate Area: 17112 Date:~CZ~~_~_~~_ Parcel Numbers: 323-280-33 323-280-34 A) ~~fo~ 323-280-35 OWNER: Norman K. Elder ---------------------------~ Signature Tax Rate Area: 17112 _~:.-::t!/ jJj Parcel Numbers: 323-090-53 -~ e" OWNER: City of Poway Bob Emery, Mayor Signature ( Notary Acknowledgement Attached ) --------------------------------------------------------------- Page 6 . . 2143 . EXHIBIT A - PROPERTY LEGAL DESCRIPTIONS , -- Parcel Map No. 10012 Parcels 1, 2, & 3 Recorded May 8, 1980 as File/Page No,80-154677 City of Poway County of San Diego, State of California Parcel Map No. 10013 Parcels 1, 2,& 3 Recorded May 8, 1980 as File/Page No. 80-154678 Ci ty of Poway County of San Diego, State of California Parcel Map No, 10057 Parcels 1, 2, & 3 Recorded May 22, 1980 as File/Page No. 80-168221 City of Poway County of San Diego, State of California Property Owned By: Tax Rate Area: 17112 City of Poway Tax Assessor Parcel Number: 323-090-53 Page 7, 2144 . . .' EXHIBIT B - LEGIIL DESCRIPTION OV HOIlD 1. WELTON LIINE: " A non-exclusive easement for road and utility purposss, ' over, under, along and across a strip of land &U.UO feet in "width located in a portion of the S,outhweat Quarter of " Section 18, Townshi,p 14 South, Ran'ge 1 West. San Dernardino , Meridisn in the County of San Diego, State of Califor~ia "according to United'Stste Government Survey, the Eas,terly line of which is more particularly de~cribed os follows: o Beginning at the Northwest corner of the Easterly 245.00 feet of the West lIalf of said Northeast Quarter of th'e Southwest Quarter; 'T'hence, along the Westerly line of said . . .0' 245.00 feet, South 00 43'53n East 225.00 feet to the Southwest corner of the Northerly 225.00 feet of the Easterly 245.00 feet of sai,d West lIalf of the Northeast I Quarter 'of the Southwest Quarter: Thence, Southerly in s straight line to the Northeast corner of the Southerly 275.00 feet of the Westerly 360.00 feet of said Northeast Qusrter of the Southwe'st Quarter; Thence, nlong the Easterly line of said Wes'ter,ly 360.00 feet, South 01.23'45" East, 275.00 feet to t'he Southerly line of said Northeast Quarter of the Southwest Quarter. Said. strip to terminate Northerly in tile Southerly line of Poway Road as now located and est'ablished I and to terminate Southerly in the Southerly line of said Northeast Quarter of the Southwest Quarter. Together With a ,non-exclusive easement Et'I1d right-of-way for 'rood and utility purposes, over, under, olong ond ocross a strip of ~and described as follows: The Easterly 60.00 feet of the Westerly 360.00 feel of the Northerly 526.00 feet of the West /lalf of the Southeast Quarte'r of the Southwest Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of Californio. Ssid non-exclusiye easements are hereby declared to be appurtenant' to and for the benefit and use of all present and future owners of Parcel Map 10057, Parcel Map 10013, ,:,Parcel Map 10012, all, as recorded in the Office of the " Recorder of San Diego County. '-"':'-" Poge fl .. . 2145 . EXHIBITB - LEGAL DESCRIPTION OF ROAD .____...._.'o (1 2. MEADOW CREEK LANE: .- (formerly kno,wn as Sudan Road) A'40.0,O foot easement for road and utility purposes, w,ith the ri g h t ~. to improve and to convey to others, Dve'T, under, along and across )that portion of the Westerly 30.0..0.0. feet of the Northerly 526.0.0. feet of the Southeast Quarter of the Sou,thwes t Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, in the ',' Coun t y of San Diego, State of California according to the United States Government Survey as described in deed to Peter Larsen, recorded November ,14, 1979 as Document No. 79-26930.9 of Official " llecords described as follows: BEGINNING at the Northeast corner of said Larsen land; thence along the East bound,ary thereof, South 1025'0.2" East, 167.54 feet to the TRUE POINT OF BEGINNING; thence NO,rth 89029'0.0." West, 260..15 feet; thence North 1 0 2 5 ' 0.2 " West, 167.54 feet to th e North boundary of said Larsen land; thence along the Nor t'h boundary thereof. No r t,h 89029'0.0." West, 40..0.2 feet to the Northwest eOTlIer of said Larsen land; thence along t'he Ii est boundary of said Larsen land South I 1025'0.2." East, 20.7.56 feet; thence ,South 89029'0.0." E a s t, 3D 0. . 1 7 .feet to the East boundary of said Larsen land; thence along said East boundary North 1025'0.2" West, 40..0.2 f'ee t to the'TRUE POINT OF BEGINNING. - Page 9 .. . 2146 . ~ ' EXHIBIT C POINT I LOT CHART (Projected Example)* Ref. Parcel No, All Structures Comm'l Distance Total % of No. Truck Points Points Costs ------------------------------------------------------------------ 20 323-262-28 10 50 397 457 10.8 21 323-262-29 10 50 389 449 10.6 22 323-262-30 10 50 364 424 10.0 23 323-280-30 10 50 397 457 10.8 24 323-280-31 10 50 330 390 9,1 25 323-280-32 10 50 362 422 10.0 26 323-280-33 10 50 274 334 7,9 27 323-280-34 10 50 20 310 391 ,9.2 28 323-280-35 10 50 362 422 10,0 38 323-090-53 10 20 5 456 491 11. 6 *TOTAL POINTS ALL UNITS 4237 100% * NOTE: This Point I Lot Chart shows how costs would be distributed when all lots have been developed and assuming that no additional land owners have subscribed to this agreement. Actual cost distributions would reflect the status of the properties (i. e. improved, unimproved, etc.) upon recordation of this agreement and subsequently, be redetermined as of the first of March of each year as provided for in Paragraph. 1, Page, 1 Page 10 . . 2147 . EXHIBIT D PROJECTED COST / EXAMPLE ESTIMATES - ,- EXAMPLE: As of July 1, 1987 repair costs estimates are as follows: Seal Coating: Three applications in ten years @ 5 cents per square foot = $9,000, Pavement Repair: 500 sq. ft. @ $2.00 per square foot over a ten year period = $1,000. Right of Way Maintenance: Lump sum over a ten year period = $2,000 Inflation Factor: .25 X 12,000 over a ten year period = $3,000 TOTAL: $15,000 during a ten year period, EXAMPLES: Cost For: No.20, Par. No. 323-262-28 = 10.8% of $15,000 = 1,620 /10 years = $162.00 per year Cost For: No.24, Par, No. 323-280-310 = 9.1% of $15,000 = 1,365 /10 years = $136,50 per year Cost For: No.26, Par, No. 323-280-33 = 7.9 % of $15,000 = 1,185 /10 years = $118,50 per year Page 11 " 214 8. ' ,~ , ' EXHIBIT E - aD MAINTENANCE 3 REFERENCE MAP ~ . , / ~ ~~/ ~ ---FbWAY''''",D - - -------~_-::,i'!'~E.~1I'.OAO ! ~ ~,' I ::s: I ~ N ~ O ~ ~ --~ - ~ ~ ~ ~ " I t)' OI".:Irct, . .~ ~ I~ ~ ~,= ,-- ::;. , "0-'._ ' , ~ ~ 20 I " ,23 ''i;; 26 21 C '~At:trn co,...;.. '" ~ L.;,.o...tHL~ . ~ 22 '~27 ,I;: 2 4 ':<; ------"---- ,~t' ,.' 't i 25 .~, 28 : ~ ~ I , I I I I I I I I I ~\ .. \ --, \\,\ 1-' __, NOTES: * Shading indicates portion :: of roads to be maintained under this agreement. " * Parcel reference numbers relate to Exhib1t C and are for clarity only. ~-. \'.'A1<<. 1Ar<K_ ---f-. I 38 Clf'(.cr'rbw^,l'" '-_/ PE1R'e 1') ;,". Gti~f'RALACKNOWLEOGMENT . 214 9 . !'2:."'- *., *. '.Jr"':1c' *i'~ * * * * *. * * * * .*, " ,* * * * * * * * * * * * * * * * .;' * * * * * * * * * * * * * * '; *' State of G-idd, On this the 5-\'}... day of Fe-IPvu"-""'1 19 8~ , before me, * , * ) S5 - ,- * ,~~ * CountyofSCy- \)eo,,, ), 'maY'i)(ie k'., k/;"hls1-",- ,* ":' * ) the und rsigned Notary Publ ic, personally appeared * .... * * ..~~ * \)..li\\i~::L 'of 10",1",,,;-, V, tld.t'-'T~ * ~'C: , ',,- * * ::~; * 0 persona,i'1y known to me * * ,- ~ .............~ -.- ......N,;.,-..~.i~;;,.~...I'. "th....ta.." * , ,.....' * 'OHICI..t,L'c:S!AL ~' proved to me on the basis of satisfactory evidence * ,'.' MARJoRIEK"WAHLSTEN,. n'. * a be the personts) whose name(s) <^y-'e, subscribed * f,~; '''''?,T AIlV puaLIC.CAlIFORNI" " * PlttNClPAL. OfFICE IN to the within instrument, andacknowTedged that ~ * '.~ * SAN, DtlGOCOUNTY * .' .' My Conim. hpires"AuguSI3. 1988 executed it. "!' * ......."".Ia~...... '\. ..-..tI",,:>^.J"_...."-..~...-.. ~~ WI~y hand 'and official seal. * I:f. . . * 6A.W- ~ dV~ * ~~1 * * 'i ,; * Notary's s~ature * .;, * * * * * * * * * * * * * * * * *.* ,* * * * * * ~ * * * * * * * * * * * * * * * * * * * * * * * .~~ PARTNERSHIP ACKNOWLEOGMENT \. * * i -* * * * *,~ * * ~ ~ * * * * ~"*.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of On th is the ----.: day' of 19 , before me, * - * ) SS. * * County of ) * , : * the undersigned Notary Publ ic, personally appeared * " * * * * , * * * 0 personally known to me * * * * o p roved to mean the bas,i s of sa tis factory ev i dence * * to be the person(s) who executed the within instrument * * on behalf of the partnership, and acknowfedged to me that * * the partnership executed it. * * WITNESS my hand and official seal. * * * * * -.'.!'. * Notary's Signature * :'~ ~ * * * * * * * * * * * * * * * * * ** * * * * * * * * *"* * * * * * * * *.* * * * *' * * * * * ""., CORPORATE ACKNOWLEDGMENT * * * * '* ~ * * '. * * * * * * * * * * * * * * * * * * * * * * * * * *.* * * * * * * * * * * * * * State ofe..vli-t, On this the d,L,,+L day of F/:1,.."",^,'J 19 3'3', before me, * " ) SS. * * County of 5~ l),c-<;o) fYlcU"'Or:,.e K, 10c.hls-fe.h , * * J the undersign d Notary P,Qbl ic, personally appeared * * * -- Ko be..vt ~, E tv> e.n1 * * , * * : ", * IStl personally known to me * :-~ * _~~W""'. "......,_, * . * .... _ OffiCIAL SEAL 0 proved to me on the basis of satisfactory evidence to * .f. :'.... "\. MARJORIE K, WAHLSTEN * I" ~J~i NOTA"'U"'C'CALIFO'NIA b~.the person(s) who executed the within instrument as * " ~W~ PRINCIPAL. OffICE' IN VeS(Je..-+- ' or on behalf of the corporation * * c.!) . . ;SAN DIEGO: COUNTY. the rei n' named, andacknowl edged to me that the co'rporation * ..:~. MrComni:Jipires:AuguSI3, '/988,: * . -..... ....v.....,v.~v.....,.... ",'," ..~.... executed it; * * .... r .~ WITNESS, my hand arid official seal. * * Th 'j\;uJ..;~ * * '" ",::) * * ~ ,* * * * * * * * * * '* .' *. * .... .* + ..... ':* .... .... .... ~ ,~ .... .... .... .... .... .... .... .... '+ ~ .... ... .... .* ,', " ", '. ....", '-.- - -'-~'''' ~ .<, .'....-...- ~'- , -.- . ". -~.--..~ ',"" ~., ".'~' ~. ."