Private Road Construction & Maintenance Agreement 1998-0837426
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DOC .~998.--083742(b
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GITY OF POWM
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DEe
22 . 1998 :8: 11
OFFICIAL RECORDS
SAN~DIEGO COUNTY RECORIJER'S .OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 31.00
AM
AIiDWtJEN REGaRDED MAl LTO:
env 'CLERK
G'ITVOF POWAY
p;))\ soX 7.89
poWilY" c'A 92074
{This space for Recorder's Use)
PRIV A:rE
CONSJRUCTION' AND MAINTENANCE AGREEMENT
TPM>97-15
ROAD
The purpose of this Agreement. is to provide ade"quate r,oagways within the City
oJ Poway and maintenance of same. This Agreement is executed by the parties
herei,n as a condi t.i ()n of appro va 1 by the Ci ty of Poway, to acieve 1 opment
project as defined in Sect,i'on 21065 of the Publi.c Resources Code and will run
with the 1 and in perpefuHy as a covenant uponlhe, ;property described, h.ere,i n.
The standard for iinphivement will be that standar.g; set forth by the Poway Cily
Counc,il. If no standara is specifically set felloth by., s~id Council as a
condition of approval of the project, said standard will be those set forth by
the regulatory ordi'nances of the Cjty of Poway. ~he tonstru~tion descri.bed
herein shall beaccbmp,]\shed prior to final 'approval of the project herein by
the City of Poway. .
WHEREFORE, the undersi'gned agree as foll ows:
1. PARTIES AND PRORERTY. The part ie.shereto a're those property oWners.
who have execUted thi's Agreement and the i r heirs, ,e'x'etutors, ,,!dm,inistrators.,
assigns, and sUccessor,? in .interest, upon a nof whom this AgreementshaJl be
binding. The .City of Roway shall not be deemed a party hereto, but ,sha'll be
deemed a benefi ciary. 'The rea Hy hel d by each party is i deritHied by tax
parceT number adjacent to the signature of said party; The legal description
of the 'parcel upon whcich the project is lo~atedisset forth in Exhibit "A,"
attached hereto and i ncorporatedherein. The status 'of 'property for all
'purposes (i .e, improved, etc;) shall be determined as of the first Monday in
March of each year. .
2. ROAD. The roadway sh.al 1 be that roaoway establ i s~ed ,by the 0i ty of
Powayas theroaciway best suited to provide access: for the 'City emerg~nc;y
vehiCles and/or (it'Y projects (water, sewer., etc.). _:The locafion ofsa,id
roadway shallbe'wi'tbin the sole di scretion of the C:ily .0fPowayasa,
cond.i tionOf approv,a 1 of the dev'elopment project. The descri.phonof the road
wh.icb is 'the s'Ubject of th,is Agreement fs a't,taclied hereto as. Exhibit "B"and
mad'e a part hereof. .
3. (ON'STRUGllON,AND ROUTINE MAINTENANCE,. The .cost of construction,
cap ital iinprov,ements, and/or r"out i ne ma i ntenante resu}ti~g from or:ct,i harywear
and tear shall be. bo.rne bY'the part i.es in. accordance vii th the f9J low,ing
formula:
a. A private road notpro.viding access to publjc roads in both
d"lrections is analogous to any road ter.rninating in a cul-de-sac.
UneJ'er',such conditions, property owners ,nearest 'the sole pllblic
acce:;s ,"oild Vlill not hilve occasion to use t.he f.llll course of said
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private road. ~ven such circumst~nces, fairn~dictates that only
those pr.9perty~mers commonly traversing a porWnof the private
road shall be made. to bear the cost of maintaining (hat portion of
the r.oad. Th'erefor.e, construction,i mprcovement"'and' ,ma inten?nce
costs of pprlions of the road used only, be certain p.ersons, because
s i,tuatgd furX,her from the rqad entrance and b'eyo'nd th'e property
perimeter? or boundaries of other parttes, shall lie borne only by
those parties .
b. Construction improvement and/or maintenance of the road by all
part i es who use 'the road in common sha 1'1 be allocated in accordance
with the following point system:
(1)
Each party automatically i.s allocated 10 points by virtue of
owner~hip of any size of undeveloped land to which access is
provided bj the road. For each acre of land (rounded to the
nearest acre) 1 point shall be allo'cated.
For each a~re (rounded to the nearest atre) of land developed
for grove use, an additional point shall be allocated.
(2 )
(3 )
For a resTdential structure or recreati'ona 1 structure whi ch is
used not more than 30% of the time, 10 ,additional points,
(Housing fpr agricultural workers Shall not be deemed a
"resident'i'al structure." A manager's or foreman's resfdence
shall be deemed a "residential structure. ")
For a residential structure which is used more than 30% of the
time, 40 additional points shall be al'located.
(5) For any veh ic Ie one tone or over, reg is tered to the owner of any
parcel and used by same over any portion of said road for any
period of time, 5 points.
(4)
c. EXample 1 of the formula: Assume that the road from starting point
to owner A's farthest boundary of land from said starting point is
65% of its 1 ength; from there to Band C' s farthest boundary is 35%
of its length; from that point, the end of the road, D's property
begins. A has 20 acres of unimproved land. B has 40 acres of
unimproved l'and.c has a 20 acre grove wUh a full-time residence.
D has 10 acres of unimproved land. Cost of construction (or repair)
of the entire ro?d for the year in questions is $10,000; repair of
the gate is $2,000.
B 40 acres
ROAD
D
10 acres
C 20 acres
A 20 acres
Solution to Example: (see graph)
Cost of the gate and 65% of the road is shared by all. Thirty-five
percent of the road cost is shared only by B, C, and D. Ratio of
sharing is determined by the following point of allocation:
-2-
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;
II ,OWNER ALL ACRES
A 10 20
B 10 40
C 10 20
D 10 10
TOTAL POINTS
.
GROVE l RES
20 40
As to $8,500 of the cost: (65% of road and gate)
A pays 30/l90ths or $ 1,342.10
B pays 50/190ths or $ 2,236.84
C pays 90j190ths or $ 4,026.31
D paYs 20/190ths or $ 894.75
As to $3,500 addi t iona 1 cost: (35% 0 f road)
B pays ~0116,Oths or $ 1,094.00
C pays ~0/160ths or $ 1,969.20
D pays 20/160ths or $ 437.60
TOTALS ~
30
50
90
20
190
d. Example 2 of the formula: Assume the road is a through road. That
is, it may be traversed in both directions by any abutting property
owner. Assume the same status of the property for point purposes as
in Example 1.
B
D.
.10 acres
40 acres
ROAD
A
C
20 acres
20 acres
Solution to Example: (see graph)
GROVE [ RES
~
~ OWNER ALL ACRES
A 10 20
B 10 40
C 10 20
D 10 10
TOTAL POINTS
20
40
As to the $12,000 cost:
A pays 30/190ths
B pays 50/190ths
C pays 90/190ths
Dpays 20/190ths
or
or
or
or
$ 1,894.73
$ 3,158.00
$ 5,684.40
$ 1,263.20
3
TOTALS
30
50
90
20
190
.,
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4.. EXTRAORDINARY DAMAGE. It shall be the obligation of each party
hereto to make, and p~y for all repa i rs to road, and to all re'lated structures
(dr:ains, ..gutters~ -9ilhs;fences, etc.) when the same have been dalllagedby the
extraor'di'riary'.use of isuch;party or his agents or employees. .Examples of
extraordMiary ,Use are damage caused by tractor" type vehicles and damage'caused
by heayy eq~ip}n.en.t '(1 ton or over) such as might be used during constructlon
Qf ,,!re~Yden,ce,OnfiDary use of said road will be for passenger vehicles ana
light, truck (3/4 ton or less) traffic. Ordinary wear and tear or ordinary use
?hall be that gradua land over a period wearing .ca!lsed by such ordi nary use .
EXtraordinary use is causing immeaiate damage with any vehicle or any damage
caused by a vehicle not defined within ordinary use traffic.
5. INITIATION AND MANAGEMENT OF REPAIRS.
a. Any system for achievement of repairs and payment of costs which, in
the year in que~tion, is agreeable to the majority of parties, shall
be the system utilized.
b. "Majority" is any group of landowners holding 51% or more of the
"points" as calculated in paragraph~. They may initiate and manage
'! program of road mai'ntenance, or ma,intenance and repair of related
faCil ities; such as gutters, gates, etc. The time and effort
expended by part ies hereto in such management shall not be
compensated. All other costs incurred shall be shared in accordance
with the above formula,
c. Achievement of the minimum 51% consensus respecting maintenance shall
be evidenced by a written statement, signed by parties purporting to
const i tute suchrepresentat ion. A copy of the wri tten statement
shall be sent to the address of each party, as' shown on the latest
tax assessor's roll, at least two weeks prior to the commencement of
any work or the incurring of any maintenance costs.
6. ADMINISTRATION OF COSTS. The property owner or owners initiating
repairs or capital improvements shall be in charge of making the payments
required for the work of improvement. It shalT be incumbent upon all property
owners to contribute to the general fund to be used for maintenance or capital
improvement in accordanc~ with the point computations referenced above. After
the actual expenditure of funcfs by any owner or group of owners such parties
shall be entitled to asses's all other parties to th.is I'Igreement in accordance
with the formula set forth above. Said assessmentnot'ice shall clearly
specify the expenditures, the purpose for same, and the method of calculation.
Upon receipt of any such notice of assessment, tb'eassesse'd 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. Om.ission
by any assessed property owner to gi ve not i cei n wri ti'ng within the ten days
of hi's dts"ute of the assessment shall concl usively be deemed hi s 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.
7. ARBITRATION. i'lQY dispute among any of the. parties to this Agreement
respecting the interpretation of the Agreement or the appl ication of any of
its terms or the actiDn taken by any party in accordance therewith. shall be
settled by arbitration pursuant to the Civil Code.
8. COVENANT .RUNNING WI1H LAND, This Agreement shall be deemed and is
intended to run .with. the 1 and and be, a restrict i on upon sa i d property , shall
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',-. be binding upon and,iDU! to the benefit of the undersild,. his/her/treir
hei rs, personal represlln.tati ves, successors ana assi,gns, forevef'or until :such
time as the sa,id private road shall be dedkated to and accepteafor use as a'
pubLi c 'stre'et or thbrough'fare by muni c i pal government 1 awfullj'eXerci sirig
jurisdiction' ovepsa,id private road.
9. 'RECORDING OF AGREEMENT. It is the purpose of the signators hereto
that thi~ instrument be recorded to the end and intent that the ~bl'igation
hereby created shall be a restri ct i on upon and shan be secured by the sai d
p'roperty and any subsequent transferee thereof, by acc,eptance of del ivery of a
deed and/or conveyance of the said property shall be dee_med to have consented
to and become bound by these presents, including without limitation, the right
of any person ent it 1 ed to enforce the terms of th is Agre'ement to en force the
restriction therein created, such remedy to be cumulative and in addition to
all other remedies at law or in equity.
10. ~UBSEOUENT OSERS. In the event that a party [parcel) not originally
contemplated by thiS Agreement gains access to said private road, that party
(parcel) shall be required to subscribe to this ilgreement. Should any parcel
contemplated by this Agreement be split into multTple' parcels [two or more)
each newly created parcel ;shall thereupon be obHg'ed,under thiS Agreement and
incur its port i on of mai,ntenance costs as set forth by the po,irit system
herein.
IN WITNESS WHEREOF, the part i es hereto have executed th is Agreement on the
dates set forth hereinafter:
Date (~!.f)9? .,
~- ~'
,- - -. - /',-:
Slgnatur sl'fwley I:::-1M';':'S:/;:~' . , . "
Tax Assessor's Number '3,);1 ~(8o~t'-{
OWNERS YAIl.ADIS.e- ~t-lJe-J()Pf.())ENI LLC-
Type or Pri nt
Type or Print Signature
(Notary Acknowledgment attached) (Each owner shown on Grant Deed must sign)
Tax Assessor's Number Date
OWNERS
Type or Print Signature
Type or Print Signature
(Notary Acknowledgment attached) (Each owner shoWri on Grant Deed must sign)
ACCEPTED:
5-
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OALlFORNIAALL~PORPOSE ACKN0WL.EDGMENJ
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
HARVINDER SINGH Gill ~
COMM. #11970900
NOTAFN.PUIIJC.cAUFORNtA -I
'-. "SANDIEGOCOUNTY"-- ", en
~Comln.-~Sept.-27.2002' :?(
before me,. H q fUI'(lJdel ~ iL~NOTARY PUBLIC,
stqV\\e.'-\ G<e{;qIJ 'KG.W\\tJsKi
:::=l NAME OF SIGNER
proved to me'on the basisdf satisfactory
evidence to be'the pers>or"l whose name is
subscribed to the within instrument and
acknowledged to me that he executed the
same in his autl10rized capacity,and:that by
his signature: on :the ihstrurnent the person or
the entity l:lpon behalfofwhich the person
acted, executed the instrument
On J)e.c.. I 4 f-t-, 1998'
D.o.TE
personally appeared
NOTARY.SEAL'
WITNESS' my hcmdan~fficial seaL
~()ruA ~.- ~\\
,SIGNATUREOF'NOTARY,
-OPTIONAL
-~
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The information below is not required:by law, however, it may prove valuable to persons relying
on the doCument and could prevent fraudulent reattachment of this,form,
CAPACITY CLAIMED BY SIGNER
DESCRIPTIONOFATT ACHED
DOCUMENT
~o~.J C,^1{uj'a~ G,,,,J Mo;J Ce
TITLE OR',TYPE OF DOCUMENT .
~ INDIVIDUAL
o CORPORATE OFFICER
):.:::....:.'-
TITLE
50 PARTNER DUMI'TER
, :DGENERAl
DA TTORN EY cIN-i=AcT;
o TRUSTEE
o GUARDIAN/CONSERV:.o.:rOR
={}Q.:Ef:iH~8::. . - ""'->d''''.= ,-"
SIGNER IS REPRE.5E.NTING:
NAME OF PERSON{S)OR ENTITY(IES)
!
NUMBER'OF PAGES
_.. - -,,~.--_~.L~:Af./q(J.- '. .. .
-- -. .-.-.. .. , DATE OF DOCUMENT
SIONER(6) OTHER THAN NAMED ABOVE
PostalAnnex+ #100 383:J Velley Centr...Drtv.6u~e.705 San DIo9O, CA921:n (619) 25li>m24
ACKMALE P~4
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EXHIBIT B
PRIVATE ROAD EASEMENT
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 14969, IN THE CITY OF
POW A Y, .COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 15, 1987, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERL Y NORTHWEST CORNER OF SAID
PARCEL 4; THENCE SOUTH 51016' 55" EAST A DISTANCE OF 151.51 FEET ALONG
THE NORTHERLY LINE OF SAID PARCEL 4 TO AN ANGLE POINT; THENCE NORTH
38055' 00" EAST A DISTANCE OF 109.00 FEET ALONG SAID NORTHERLY LINE TO AN
ANGLE POINT; THENCE SOUTH 510 05' 00" EAST A DISTANCE OF 65.00 FEET ALONG
THE NORTHEASTERLY LINE OF SAID PARCEL 4; THENCE SOUTH 480 27' 00" WEST A
DISTANCE OF 150.94 FEET TO A POINT HEREINAFTER CALLED POINT "A";
THENCE NORTH 51016' 55" WEST A DISTANCE OF I6404TEET TO A POINT ON THE
WESTERL Y LINE OF SAID PARCEL 4; THENCE NORTH 44029' 08" EAST ALONG SAID
WESTERL Y LINE A DISTANCE OF 40.20 FEET TO THE MOST NORTHERLY
NORTHWEST CORNER OF SAID PARCEL 4 AND THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF SAID PARCEL4 OF PARCEL MAP NO.
14969, DESCRIBED AS FOLLOWS
BEGINNING AT THAT POINT REFERRED TO ABOVE AS POINT "A"; THENCE
SOUTH 210 43' 05" WEST A DISTANCE OF 160.75 FEET; THENCE NORTH 810 25' 32"
WEST A DISTANCE OF 30.81 FEET; THENCE NORTH 210 43' 05" EAST A DISTANCE OF
176.65 FEET; THENCE SOUTH 51016' 55" EAST A DISTANCE OF 3137 FEET TO THE
POINT OF BEGINNING.
Kaminski - TPM 97-15
Private Road Easements (On-site)
12-03-98
Job No. 2179
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EXHffiTT A
LEGAL DESCRIPTION
PARCEL A
PARCEL 4 OF PARCEL MAP NO. 14969, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 15, 1987.
EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 4 DESCRIBED
AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 4, THENCE
NORTH 310 22' 11" EAST A DISTANCE OF 105 00 FEET; THENCE NORTH 110 19' IT'
WEST A DISTANCE OF 191.69 FEET; THENCE SOUTH 890 23' I I" WEST A DISTANCE
OF 20.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; THENCE
SOUTH 00 36' 49" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 277.4 I FEET
MORE OR LESS TO THE SOUTHWEST CORNER OF SAID PARCEL 4 AND THE POINT
OF BEGINNING.
Boundary Adjustment
Parcel A (After Adjustment)
11-10-98