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Private Streets Maintenance Agreement 2009-0396157 .~:-,. . , ." DOC" 2009~03961 57 111111111111111111I11/ 11II1111//11111 1/111111111111111111111111111111I JUL 17, 2009 3:32 PM ~f I~' OFFICI,6,L FiECOR[.I':; '3PJ~ DIEClU COUNTY F:EuJR[IEFi"3 OFFIrE 0,6'\/1[' L BUTLER, ,'OUIIT, RECORDER FEE~: 28.00 PAGES: 7 111111I11'/11111I11"'''"11111I1111I1"111111I111111111I1111111111111111111111' ~,-" . - (THIS SPACE FOR RECORDER'S USE) APN'!321'220-.13 , 1,3',72:5 PRIVATE STREET MAiNTENANCE AGREEMENT (WAGENBACAj THIS PRIVATE STREET MJ},INTENANCE AGREEfI!1ENT("Agreement"), dated for reference purposes as the /ltf. day of .JV;VC , 2Q09,.is ehtered into between Douglas P. Wagenbach and Lillii:ln Wagenbach, Trustees of the Douglas P. Wagenbach' and Lillian Wagehbach Revocable Living Trust, hereinafter referred to as '''OWNERS'', and the CITY OF POWA Y, a municipal corporation, hereinafter referred to as "CITY". WHEREAS, this Agreement is required as a condition of approval by CITY of MDRAb2c85, pursuant to SeCtion 17.52.040 of the Poway Municipal Code, and Qrdinan<<es3.03 and 304, relative to cOllstruction of a .single-family residence ~at 14901 Golden Sunset Coj,Jrt;abd. ' WHEREAS, OWNERSwish to provide for the mainten'anCeand repair of that certain private street that ser:ves'theicproper'ty,atsaid location to the publicterminus, said private street knbwn as:Golden Sunset Court. hereinafter referred to as "'I::'RI\lATE STREET'; and WHEREAS, OWNERS are the owners of certain real property being developed as a single~.family r~sidence, in accordance with applications for MDRA 02c85,and,grading Pe'rrnitNo. G1432cO,3,'which are on file with theCity, which will use and enjoy the benefit of such PRIVATE STREET. A complete legal description of said real property is included in' Exhibit ,A attached hereto and made a part hereof. Said real property is hereinafter referred to as the "Property"; and WHEREAS,.i(i~i.t9~;.[1utual desire of th~part.ief hereto tbal the PRIVATE STREET be maintained and repaired in a safe'ancf usable condition; 'and WHEREAS, it isthe.rnutual intelltion .of the parties that this Agreement.constitute a, ,covenant rurihih(i with the Prop6.r:!9"biridii]9 upon~achsuccessive owners of the Property. . . Private Street(tv1Cli~tenance Agreement Douglas P.andLillian Wagenbach Page 2 NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1~'7"2 6' /'li.#'. ,c, 1. The property benefited by this Agreement is the Property. l'he present and successive OWNERS of all or any portion of the Property is expressly bound 'hereby for the benefit of the Property. 2. The cost of maintaining the PRIVATE STREET shall beoorne by OWNERS, or his, ,,- 'or -her heirs, assigns, arid successors in interest. !'Jotwithstanding'the foregoing, OWNERS, may seek contributions or, recompense Jrom and by. all other, ,owners, heirs, assigns and successors il;linterest who cn:Jay be obligated LinCler ~imilar Private Street Maintellance Agreements ,with the City of Poway relevant to this. 'section of private roadway. 3'. The repairs <:Inij maintenance to. be performed underthis Agreement by or on behalf of the OWNERS shall be limited 'to the following:: reasonable and normal ~oad improvement maintenance'Workto adequately mailltain the PRIVAJE STREET, aQd any related drainage facilities', to Permit normal ac:cess" ingress and egress to and: from the Property. Repairs and maintenance under.this Agreement shall include, but are not' limited to, 'filling of chuckholes, rel?airing cracks, repairing and, resurfacing of roadbeds, repairing and maintaining drainage structures, removingc debris, maintaining signs, markers, striping and lighting, if any, and such other Work' , ",_,'. - ",_", i. . asis:::reasonably necessary or proper to repair and preserve the PRIVATE STREET for normal access, ingress'anCl egress purposes. 4, The, obligation :of the 0WNERS as outlined, herein, shall, commence with ccon:Jpletion, of the construction and the acceptance of such PRIVATE STREET by the City as complete per the plan arid the City standards. . 5. In the event OWNERS rectain a contractor to perform any maintenance and cib.ligation with respect to the PRIVATE STREET, the OWNERS shall require such contractor'to maintain liability insurance to coiter any liability arising as a result of its activitiesiwith regard to such maintenance activities. 6. OWNERS shall defend a,nd inde"mnify and hold harmless CITY, CITY's Engineer and their 'cbnsyltantsandeach 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 otller use of the PRIVATE STREET, or to any otner third parties arising 'out"ofor in any way reii:lted to the use',j' repair or maintenance c of'the PRIVAT-E STR'EET Nothing in 'this Agreement, thespecifications,oorother contraCt documents or CITY:s approyal of the plans and specifica,ti()ns fpr or inspection oftQe ,wolke r~gard.iD9,. toe ,PR1VATE STREE.T is intended to iriclude 9 review, ,!n~p.ecti(:>ii,. or ackri<?wledgment:of'aresponsibility for any such matter, and CITY, CITY's Engineer, and their cOl'lsultants, and eaCh of their officials, directors, officers, employees and agents, shallhave~bs6lutely no responsibility or liability therefore:. ' '. . . Private Stre~tiM<lintenar1c.eAgreement Douglas Po, and Lil]ian 'Wagenbach Page 3 t~i7.2:7 7. If, in the, CITY'S ,sole judgment; tbe PRIVATE STREET is not being. maintained to standards set forth' ih paragraph 30(thisAgreement, the CITY may thereupon provide ,written notic,~ to the OWNERS to inhiate repairs or construction within ninety (90) days. Upon failure to demonstrate good faith to make rer;airs. C2I construction withinriinety (90) days of receipt of such notice, the OWNERS agree that the CITY may make all neede(j repairs to the PRIVATE StREET to meet the standards set fortb iQ Para'graph 3 and 'to then assess the costs.thereof to: the, 0WNERS, QWNI;RS sh'all reimburse C,ITY for all reasonable costs. incurred by theCIl'Y :ihconnedioh' with. such maintenance aCtivities. 'If'the OWNERS do not , . .-. - -.,. .., .. ., . " .~-,' - ~", . ,. "- ,,-, - so reimburse the CIJY within thirty (30) dClysafter the CIJY's de"rnarid, then CITY may pursue all of its remeclies at lavioriin;eqUity, 8, If the CITY elects to make necessary repairsih accordance with Paragraph 7 above, said work shall.be without warranty. Said. repair shall be accepted "as is" by the OWNERS and without any warranty of,workmanship.. 9, The foregoing covenalJt!')shali run with the land ,and' .shall be deemed to be for the beriefitofthe land of each and every person who shall, at any time own ,all' Qr. any portion of the Property referred to herein. 10. It .is understood and, agreed that the covehClnts herein contained shall be bjndifl9 on the heirs, executor!'), administrators, successors and assigns of the OWNERS. H. It is tne purpose of,ti;1e! signatory' hereto that this inst,rum~.Dtbe; re.c'orqedto the end and' lritent' thatth,e .obligations hereby createa shall be and constitute a coven~nt tunni,rig with the land, and any, subsequent purchaser of all or any portion -of the Property, hyacceptanceof delivery ofa 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 Cali fomi a.. In the , event that any of the pr.ovisions of<'this Agreement are held to be unenforceable or invalid by any' c;ourt' of compeJent jurjsg'ic;tioh, !tie 'validity and enforceability of the remaining provisions shall not be affected thereby. , . . Private Street Mairitenance.Agreement Douglas' P. and LTllianWagenbach Page4 13728 M WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: .lJ____ Date: 0/11 /04 ~~'~~~1Mj~ trflian . agenbach, T. stee Date', 0/11 / ocr CITY OF POJp44/J Roert J. Manis ' Director otDevelopment Services Date: ~/;v!IJ '1 . , APPROVED AS TO FORM: ~~~ Date: . ~ . 1'5, 07, Lisa F bster City Attorney ,APPROVED ASTO CONTENT: ~AJ-~ StevenW. Cresswell, P.E. Principal civil Engineer Date: 6/11/07 AJtachments: 1) Notary Acknowledgement . . 13'729 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~~~~~~~~~~~~M~~&~~~ State of California County of San Diego OnJliAlf: //~J-tJ~ tJ before me, personally appeared 'oD I..t~ L-A-:5I. } Phyllis Shinn. Notary -Public Here Insert Name and Title althe Officer WA-~C;ViJf"1clf rt,/l/611 LLIA/V WA"U-,4/$1i1! Name(s a/Slgner(s) .. PHYlLlS:SHINH -. com..m.I' .IOn "177889' I, , Notary, Public, Call1otnia , J San Diego County . - , - - , - ,"~~Nov9,'Il.J ~ - - u. who proved,to me,on the basis of satisfactory,evidence'to be the person(s) whose name(s) ~are subscribed,to the within instrument and acknowledged to me that' lJe/s}(eJthey executed the same in ris/~heir authorized capacity(ies), and that by ~/~heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above Signature OPTIONAL Th6ugh.,::ttw i')!Ormat!on;:below j~not .re-qujred'~y I~W,{it mar prove: ~aluable':to .persons; relyin9.' on,.rhe document. andcouJd preve~t "rauduientremovai,iincireattachment'of this fa;'!' to 8;nothe,r qocument. Description of Attached Document Title or Type of Docume~l:: Document Date: Number of Pages: Slgner(s) Other Than Named Above: CapaCity(ies) Claimed by Signer(s) Signer's Name' D Individual D Corporate Officer - Tille(s): D Partner - D Limited D General D Attorney in Fact 0.. T(ustee OGuardj!ln or Conservator D Other: . Top otthumb:he[e Signer's Name: D Individual D Corporate Officer - ,;fle(s): D Partner- D Limited D General D Attorney in Facf D~ Trustee o Guardian or Conservator DOther: RIGHT,THUMBPRINT OF.: SIGNER Top of thumb:her~ Signer Is Represenli;'g:' Signer'ls:Representing: ~~~.=~~~~~~~~~~~~~~~~ @2007 National NotaryAssoclation' 9350 De,Soto AVe..P,ci. Box 2402. Chalsworth,Q:A 91-:3'i'3,:~;i()2' www:Naii~na.INotary,org Item #5907 Reorder: Call Toll Free 1 800:a'76:ssii . . t3!i 30 CALlfQ~N1"~~LL.PU~POSE ACKNOWLEDGMENT =A~_-"t~~~~f'1O'~~~~~~~R$('Y~~~~~~~ State of Califo~nia } County of San Diego On JIt,AlE 1ft, Z!ltltJ before me, D," --"""0 /2 C'WT ,personally appeared K QO ,,-- Phyllis Shinn, Notary Public J. I'YlA ;ijnserl Name and Title of the Officer Name(s}01 Signer(s) r u. -- . ,- -. .- - - - -,-- .".....- " . PHYUlS'IHINH' I '...' COlilmtalO,' n /I 17, 78,8". '1 Notary PubliC. CalIIomIo I , . , SanDlego County . ,J ,," =-=.9;iJJJ -.- - - - - - who proved to me on the basis'of satisfactory eVidence to be the person~whose name(ll) ish~.subscribed'tbthe within instrument and aCKnowledged to me' that he/s';(s/tt~ executed the same in his/h~t~ authorized capacity(il'\<), and that'by his/~t",* signature(){ on the instrument the person~ or the entity upon behalf of which the person(lQacted, 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. Place Notary Seal Above Signature and Of!i~ Slgnatureo/Notary Public OPTIONAL Thoughjthe jn(ormati~n,' be/~w is :n~trequjred:tJy,lawt{it, may,prove: valuable';to'persons '(erring on ,the document an.d'CioU/~p(e-venI fraudulent removai.'ana:reattachinent of [his' form -to ~nother document. 'Description of Attached J30cument Title or Type ot Document,ffi,/JI/In' ~fTr/l1&/,4I-rrj//4j//?t AtfRl5C:fUC~ Document Date: U # C I { Z& tJ Number of Pages: (p /I L/LUA~ ',{t.#$C// Signer(s) Other Than Named Above: Capacity(ies) Ciaimed by Signerts/ Y7 Top'cif lhumbhere Signer's Name: D Individual D Corporate Officer- Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee o Guardian or Conservator DOther: ,Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D L1mlfed 0 General :0 Attorney in Fact o Trustee O-Guardian 9r Conservatqr D Other: Top of. thumb"here . :Slgner,ls Representing:' Signer Is Representing: ~~~~~~~~~~~~~~~~~~~~~~~~~~~ @2007National Notary f.ssoclati(ln. 9350 qe Soto_A.v"~:, P.(j.Box'_240? ~ Ch_aISWDr1h. CA~ 91 ~i3-2402. ww...y:,Na\lonaINotary.org tlem #5907 Reorder: Call Toll-Free 1-aOD-87B-6Sii . ,', . Private Street.Maintenance;Agreement Douglas P..and Lillian Wagenbach Page 5 EXHIBIT "A" Legal Description . 1373l parcel 3 of Parcel MCJp No. 12618, in the City of Poway;CguntyofSan Diego,. State of Caiiforhia, filed in the Office dUhe C()unty Re'corder'of Saf:l Diego' County, March 15, 19!33; ,as:file,ho..83"081708,ofofficial;records. - - . - -. - - -~"'.