Private Streets Maintenance Agreement 1998-0207896
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DOC4I 1998-0207896
CITY oFpowJl,Y
APR 14. 1998 8:12
84 2. OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 25.00
AM
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CITYCl!ERK
CITY OF POWA V
P" O. 'BOX 789
POWAY,CA 92074
No transfer tax due
(This soace
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PRIVATE STREETS
MJUNTENANCEAGREEMENT
THIS PRIVATE STREETS MA'INTENANCE AGREEMENT ("Agreemept") dated for reference
purposes as of the L...3 , day cif MR R.CH , 19.QfJ , is entered into
between lDK I L. L.DTR - ,
(hereinafter referred to as "DEVELOPER"), -= SU 0 ~~\ R.OAR ASSOC.I AT ION
. , ' " erei na tel' referred to as
"ASSOCIATION") , and the CITV OF POWAV, a municipal corporation (hereinafter
referred to as "CnV"),for the benefit of future subdivision lot owners who
will use the PRIVATE STREETS (hereinafter referred to ,as "LOT OWNERS," which
shall include the DEVEtOPERto the extent the DEVELOPER retains any ownership
interest in any lot or lots within the PROPERTY). .
WHEREAs, thi s Agreement is requi red as a co'nd i Hon of approval by the
CITV of'a subdivision project as defined in Section 21065 of the Public
Resources Code;
, WHEREAS, DEVELOPER wishes to provide for the lI)aintenance and repair of
those certain PRIVATE' SJREET~ described and shown on Exhibit A attached hereto
and made a part hereof (hereinafter referred to as the ("PRIVATE STREETS");
WHEREAS, DEV.ELOPERis th'e owner of cer.tain real property being subdivided
and developed as TPM (11-03 that will use and enjciy the benefit of
such PRIVATE STREETS. ,A complete, le'gal description of said real property is
included in Exhibit B attached hereto and l!1ade a part hereof. ,Said real
properly is herei nafter referred to as the 'PROPERTY ;."
WHEREAS~ it is the mutual desire of the parties hereto that the PRIVATE
STREETS be maintained in a safe and usable condition;
WHEREAS, it is the mutual des i re of the partj es hereto to estab 1 i sh a
method ,for the mai ntenanc'e and repa i rof ~he PRIVATE STREETS and for the
apportionment 'of 'the expense of such maintenance and repair;
WHEREAS, DEVELOPER has created or will cre~te the ASSOCIATION, towh i ch
the LOT OWN.ERS ~ill belong, for the purp~ses of'maintaining, repairing, and
rep 1 acil)g the cOnunonareas with i n the PROPERTY, i nc lud ing,without ,1 i mitat ion,
the PRIVATE STREE>TS. As each phase of the PROPERTy fsannexed' to the
Jurisdiction of the ASSOCIATION pursuant to the Declaration of Covenants,
Conditions and Restrictions for SUDAN ROAD
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("Declarati.on") rE!cof!red or to be recorded aga instth"'RROPERTY by DEVELOPER,
the ASSOCI}\T:ION shall aS,sume all maintenance obl igationsregarding the PRIVATE
STRE.ETS w,Uhi n, each annexed phase of the PROPERTY;' and,
. ...- .
WHEREAS, it is the mutual intent i on of the part i es that thi s Agreement
consti f~te' ,ii, co.ven~!lt running wah the 1 anq, bin.dfng up!>n each success iv!! .LOT
OWNER of all 'or any,portTonof the PROPERTY:
NOW, THEREFORE" IT IS'HEREBY AGREED AS FOLLOWS:
1. The property benefitted by th is Agreement is the PROPERTY. The
present' and ,suc'cess.i ve LOT OWNERS of all or anY portion of the
PROPERTY are ex'pressly bound, hereby for the, benefit of the PROPERTY,
,
2. The cost of ma'intaining the PRIVAJE STgEETS shall be divided equally
among the ,subMvidea parcel s created in the PROPERTY and paid bY'
each LOT OWNER or hi's or her heirs, assigns and. successors in
interest, Such costs and expenses shall be collected by the
ASSOCIATION asasses,sments in accordah'ce w,fth the Decl aration,
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3. The repairs and" ma.i ntenance ~o be p~rformed under thi s Agreement by
or on behalf of ttie ASSOCIATION sha:l'l be. 'limited to the following,
un 1 ess the consent for addi t i ona 1 work'i s given by the Board of
Dlrectors of the ASSOCIATION: r~sonable and normal road improvement
mai ntenancework toadequatel y ma inta.in the PRIVATE STREETS and any
re 1 ated drainage facil it i es to pe,rmit 'no,rma 1 :access, ingress and
egress to and from the lots within the PROPERTY. Repairs and
maintenance under th'is Agreement shall ,include, but are n'ot 1 imited
to, fi 11 i ngof chuckholes, repairi ng cracks, repa i.ri ng and
resurfacing of roadbeds, repairing and maintaining drainage
structures, removing debris, maiptainiilg sign's, markers,. striping
and 1ighting, 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 theASSOCIATION to repair and maintain the PRIVATE
STREETS w.ithin each phase of development .of the pROPERTY as herei n
set forth sha 11 commen'ce upon the'occur,rence, of both of the
foll owi ng events: (a) when the PRIVATE'STREET improvements have
been completed 'and approved by the CITY. and (b) such, phase of the
PROPERTY has5een annexed to the' jur'i sdlct ion of the ASSOCIATION
pursuant to tlie Qeclarat ion. DEVELOP(R (and/or any SUCCllssor
developer to which any portion of the PROPERTY is conveyed prior to
anhexat'i on pursuant to the 'Decl aratlCl,n) shall ma,intai n 'th'e PRIVATE
STREETS prior to the' occurrence of the events described in items (a)
and (b) preceding.
5. Th~ cost of any extraordinary repair required to correct damage to
the PRIVATE STREETS shall be thi! r'esponsibil ity of the party causing
the need fir such extraord'ina.ry r,epair. If any such extraordinary
repair is caused by, a LOT OWNER, the ,ASSOCIATIONsncill assess and
collect 'a Reimbursement Assessment aga3nst such LOT 'OWNER pursuant
1:,0 the Declaration in the amount of the costs of such extraordinary
repai.r. The ASSOCIATION shall promptly commence and effect such
extraordinar,y repair. . The repair shall be such as to restore the
PRIVATE STREET to the condition existing pr.igr to said damage.
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. 844
6. Shoul d ahY~T OWNER fail to pay fhe 'pro rl share of costs and
e.xpenses :as provided in this' Agreement and the Declaration, then the
ASSOCIAT,ION sha 11 thereafter have all rights wHh regard to
cdflectioll' of d,E{lfnquent assessments as ar:e provided in the
Oecl aratfon.
The ASSOCIATioN shall at a 11 times :ma j nta in liabil i ty insurance
coyering'its activitiEls with rega'rd to use and maintenance of the
PRIVATE ,STREETS. In the event the ASSOCIATION retains a contractor
to perform any of its ma.intenance oblIgat'ionwith regard to the
PRIVATE STREETS, the ASSOCIATION shall require' such contractor
1 i kewi se to mafrita in 1 i abi li ty insurance to cover any 1 i abi 1 i ty
arising as 'a 'result of its activities wHh regard to such
ma i ntenance acti viti e's.
7.
8,
LOT OWNERS and the ASSOCIATION shall jointly and severally defend
and indemnHy and. hO,ld harmless CITY, GITY'.'s engfneer and their
consultants and each of their officials, directors, officers, agents
and employees from and against allliabiJity, claims, damages,
losses ,expenses , personal injury and other costs ,i nel udi ng costs
of defense and attorney's fees, incurred by qr payable to any other
LOT OWNER, any user oJ the PRIVATE STREETS, or to any other third
parties arising :out .of or in anyway related to the use, repair or
ina i ntenaQce of the PRIV,ATE STRE,ETS. Nothingi n th.is Agreement, the
specifications, or other' contract documents or CITY's approval of
the plans and specifications for or inspection of the work
re'garding, the PRIVAJE STREETS is intended to include'a review,
inspection, or acknQwledgment of a responsibil ity for any such
matter, an'dCITY" CITY's engineer, and their consultants, and each
of their officials, directors, officers, employees and agents, shall
have absolutelY no responsibility or liability therefor.
If in the CITY's sole judgment the PRIVATE STREETS are not, being
ma i nta i.ned to .standards set forth i ri paragraph 4 of thi s Agreement,
the CITY may thereupon provide written notice to the Board of
Djrectors of the ASSOCIATION to inHiaterepairs .or construction
within nine.ty (.90) days. Upon failure to demonstrate good faith to
make repairs or co.nstruction within n ninety (90) 9ays of receipt of
such notice the~ lOT OWNERS and the ASSOCIATION agree that the CITY
may make all needed repairs to the PRIVATE STREETS to meet the
standards set forth in paragraph 4 an,d to then assess the costs
thereoJ to tne ASSOCIATION. The ASSOCIATION ,shall ,reimburse the
GITY for all reasonable costs incurred by the CITY in connection
with such maintenance activities. If the ASSOtIATION does not so
reimburse the CIT{within thirty (30)days after CITY's demand, then
CITY may pursue all of its remedies.at law .or in equity.
If the CITY elects to make necessary repairs in accordance with
paragraph 9 abQve" said work shall 'be without warranty..Said repair
shall be accepted "as is. by the LOT OWNERS and the ASSOCIATION
wi thout any war.r:anty of workmanshi p.
The foregoi ng covenants shall .rlln with the 1 and and sha 11 be deemed
to be for the benefit of the land of each of the LOT OWNERS and each.
a.ndeVeTY person who shall at any time own all or any portion of the
PROPERTY referred to herein.
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12. Iti s understood and agreed that the covenants herei n contained 8 4 ~
shall De binding on the heirs, execu~ors, administrators, successors ~
and ass,jgns. of each of the LOT OWNERS aiidthe ASSOCIATION.
13. It is the. purpose .of the signatory heretothat .this instrument be
. recorded to"'the end and intent that theolloligat.ions hereby created
sh,a 11 be and const i tute a covenant runn fng wi th. the land an,d any
subsequent ,purchaser of all or any porti on of the PROPERTY, by
acceptance .of del i very of a deed and/or ~onveyance, regardless of
form, shall be deemed to have consented to and become pound by this
AGREEMENT.
14. The terms of this Agreement may be amended in writing upon ,approval
of the Boara of Di,rectors of the ASSOCIATION and con'sent of the
CITY. .
15, Tlii s Agreement shall be. governed by the laws of the State of
California,. In the eventcthat any of the provisions of th.is
Agreement are held. to be unenforceable or invalid by.any court of
competent j ur,isdiCtion ,. the val idi ty andenforceabil ity of the
remaining provisions shall not be affected thereby,
IN WITNESS WHEREOF, the parties have executed, this Agreement on the dates
set forth herei nafter. "
By: ~~~~ Date: ~g. :2& ,q~
Its:
ACCEPTED:
CITY OF POWAY
By: ?-YJFWl--S. ~ Date: 3/z.7)M
Approved as to form:
BY:~~1,(/2~ Date: ,.-Y'lY
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CALlFORNIAALL.PURPOSE ACKNOWLEDGMENT
State of (I- #. /, }
County of, j.J-~ A , ~'A _ . .' ,
onl?1aW ~~fore me,~"?hcit! "')jA, ~Ru/~ , ,
, DATE ~E.1)TLEOF~!'E.G~',;JANEDo~6TARY'PUBLJC'"
personally appeared ;;:J cv-L;(, ~
. NAME(S) OF SIGNER(S)
o personally known to me - OR " M proved to me. on the basis of satisfactory eyidence
, rr .to be the perso~ whose nam~@are
subscribed to the within instrument ahdac,
knowledged to me that h~ey executed
. , the same In hl9'lile'i7ihelr authorized
capa.city~, aridtnat by his~heir
signatur~on the instrument the persc:mW,
or. the l1:ntity upon beb<ilfof which the
person~.acted. executed the:instrumeht.
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z '-. llAH DIEGO COUNri
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THIS CERTIFICATE MUST BE ATT ACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
WITNESS my hand andofficiai"seal.
,/ . ~ .
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SIGNATURE FNO~~
OPTIONAL SECTION
TITLE qRTYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
1}1ough ,the, c;iata r~Quesled h,ere Is nol requIred by law,
It could preven' fiauduientreeiiacliiilenl o!thls form.' SIGNER(SrOTHER THAN NAMED ABOVE
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846
No 519i
- OP,TIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute ~ not requIre tho_ Notary to
flllln',tho-data below, doing so may prove
InvaJuSbIa to persons relying on the dOcument.
o INDIVIDUAL
. o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY.iN-FACT
o TRUSTEE(S)
D. GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
~1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave.. P.O. Box 7164. Canoga Park. CA 91309.7184
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EXHIBIT A
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po WA 'i
~OAD
PARcEL 1
TPM 91-03
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PARCEL 2.
iPM 91-03
NOT To SCALE.
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vr71 Portion of Sudan Road
~ to be maintained under
this agreement(from
Poway Road to southerl
boundary of Parcel Map
(PRIVATE ROAD)
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EXHIBIT B
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE ,STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
, ALL THAT PORTION, OF LOT 3 ( NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER ), SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF,
APPROVED FEBRUARY 24, 1876, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT.3, SAID POINT BEING
ON THE CENTER LINE OF POW A Y ROAD AS SHOWN ON ROAD SURVEY NO, 944
AND RECORD OF SURVEY MAP NO. 1544, SAID MAPS BEING FILED IN THE
OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, THENCE SOUTHERLY
ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 30.00 FEET TO
AN INTERSECTION WITH THE SOUTHERLY LINE OF' POW A Y ROAD THE TRUE
POINT OF BEGINNING;
THENCE NORTH 89" 15'30" WEST ALONG SAID SOUTHERLY LINE OF POWAY
ROAD, A DISTANCE OF 115,08 FEET, THENCE SOUTH 01024' OO"EAST, 400.00
, FEET TO A POINT IN THE SOUTHERLY LINE OF THE LAND DESCRIBED IN
DEED TO JOHN H. RENS, ET UX, RECORDED MARCH 8, 1948 IN BOOK 2703,
PAGE 373 OF OFFICIAL RECORDS; THENCE SOUTH. 890 15' 30" EAST ALONG
SAID SOUTHERLY LINE' 115.08 FEET TO AN 'INTERSECTION WITH A POINT ON
THE EASTERLY LINE OF SAID LOT 3 DISTANCE SOUTH 010 24' 00" EAST, 400.00
FEET FROM THE AFOREMENT10NED INTERSECTION OF SAID EASTERLY LINE
WITH SAID SOUTHERLY LINE OF POW A Y ROAD; THENCE NORTH OJ 0 24' 00"
WEST ALONG SAID EASTERLY LINE, 400.00 FEET TO THE TRUE POINT OF
BEGINNING,
EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PORTION
THEREOF INCLUDED WITHIN A TRIANGULAR STRIP OF LAND DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; ~HENCE SOUTH
010. 24' 00" EAST ALONG THE EAST LINE OF SAID LOT, 761.39 FEET TO THE
NORTHEAST CORNER OF LAND CONVEYED TO R.L. GUEST; THENCE, NORTH
890 25'00" WEST ALONG THE NORTH LINE OF SAID LAND, 6,73 FEET; THENCE
CONTINUING ALONG SAID NORTH LINE SOUTH 630 52' 40" WEST, 13,97FEET;
THENCE NORTH 000 03' 00" EAST, 767,26 FEET TO THE PLACE OF BEGINNING.