Private Street Maintenance Agreement 2010-0172171s
RECORDING REQUESTED BY:
CITY OF POWAY
l AND WHEN RECORDED MAIL TO:
CITY CLERK
tales CITY OF POWAY
1 P 0 BOX 789
POWAY, CA 92074
314 - 213 -51
r
8216 DO# 2010- 0172171
11111111111111 IN
APR 07, 2010 1:19 PM
C FFICIA.L RECORD;
SAN DIEGn COUNTY RECuRDER'S OFFICE
DA':1I11 L BUTLER. CC ILINT'r RECCIRDER
FEES. 41.00
PAGES: 11
I IIIIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
(THIS SPACE FOR RECORDER'S USE)
PRIVATE STREET MAINTENANCE AGREEMENT
(The Meadows at York Avenue))
THIS PRIVATE STREET MAINTENANCE AGREEMENT ( "Agreement "), dated for reference
purposes as the 210 day of MARC14 , 2010, is entered into between POWAY
MEADOWS, L.P., a California limited partnership, 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 Poway, pursuant to
Section 17.52.040 of the Poway Municipal Code, and Ordinances 303 and 304, relative to construction of
a private road; and
WHEREAS, OWNER is the owner of certain real property being developed as a single - family
residence at 13932 York Avenue, Poway, California that will use and enjoy the benefit of the PRIVATE
STREET (defined below). 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 "Property "; and
WHEREAS, OWNER wishes to provide for the maintenance and repair of those certain private
streets described and shown on Exhibits B -1, B -2. C -1 and C -2, attached hereto and made a part hereof,
hereinafter collectively referred to as "PRIVATE STREET "; and
WHEREAS, the Property is being developed along with two other single - family residences
collectively referred to as The Meadows at York Avenue ( "The Meadows "). The Meadows will be subject
to and governed by that certain Declaration of Restrictions for The Meadows at York Avenue
( "Declaration') that has been or will be recorded against the three parcels comprising The Meadows.
Private Street Maintenance Agreements similar to this Agreement will also be recorded against the other
two parcels within The Meadows. .
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.
2. The cost of maintaining the PRIVATE STREET shall be borne by OWNER, or his or her heirs,
assigns, and successors in interest and other benefited owners within The Meadows in
accordance with the relevant provisions of the Declaration.
3/25/10
1- 51500 -37 370424_2
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8217
3. The repairs and maintenance to be performed under this Agreement and the Declaration 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 herein shall commence with the issuance of a Building
Permit by CITY to construct a single- family residence at 13932 York Avenue, Poway, California.
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, and each or his or her heirs, assigns and successors in interest during their respective
period of ownership, 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.
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 and
other benefited owners within The Meadows. OWNER and the other benefited owners within The
Meadows 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 within thirty (30)
days after the 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 7 above, said work
shall be without warranty. Said repair shall be accepted "as is" by the OWNER and without any
warranty of workmanship.
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.
11. 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.
3/25/10 -2- 51500 -37 370424_2
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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
hereinafter.
OWNER: POWAY MEADOWS, L.P.,
a California limited partnership
Date: 3-2-6-"o
By: Loma Verde, Inc., a California corporation
Its: Ger>eol Partner
it
ItKZ4;�
CITY OF POW�
Date: 1 D
Lu,� uh
Attachments: 1) Notary A( know11ge ent, Exhibits
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
�
G "�
Lisa A. Foster, City Attorney
3125/10 - -3- 51500 -37 370424_2
8219
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On 162 71,,2. [[before me, A [Qa yQ(:6, Q4a( j
(here insert name and title of the officer)
personally appeared VIUI Y N U—A-t 1 U l -C
, who proved to me on the basis of satisfactory evidence to be the person(e)
whose name(b) is /a* subscribed to the within instrument and acknowledged to me that he /sht /they
executed the same in his /tjer/tFjeir authorized capacity(ies), and that by his /her /their signature(s) on the
instrument the person(K), or the entity upon behalf of which the person(6) 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 my hand and official seal.
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On t , Zold , before me
ISABEL ALVARADO
COMM #1788224 0
J m NOTARY PUBLIC - CALIFORNIA j
SAN DIEGO COUNTY
My Commission Expires
DECEMBER 30, 201 t (Seal)
�t%yLUS f I Al 61r:
(here insert name and title of the officer)
personally appeared 742 iAi IY j' :� I L CV
--�� who proved to me on the basis of satisfactory evidence to
whose name() is /a* subscribed to the within instrument and acknowledged to me
executed the same in fWs /her /tfAr authorized capacity(iN), and that by f*her /tR`Bk si
instrument the person(,, or the entity upon behalf of which the person(Aacted, execute
be the person(!
that L4 /she /tN,
3nature(5 on IN
i 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 my hand and official seal. - -
Signature ;d v
PHYIIIS SHINN
Commission # 1778808
Notary Public - California
'San Diego County
Comm. Nav9 2011
(Seal)
3/25/10 -4- 51500 -37 370424_2
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL B:
8220
PARCEL 'B' AS SHOWN AND DESCRIBED ON THAT CERTAIN BOUNDARY ADJUSTMENT
CERTIFICATE OF COMPLIANCE, BA NO. 07 -01, RECORDED SEPTEMBER 8, 2008 AS INSTRUMENT
NO. 2008 - 0478020 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY ( "BOUNDARY ADJUSTMENT
NO. 07-01").
EXCEPTING THEREFROM 25 PERCENT OF ALL OIL, GAS AND MINERALS BENEATH SAID LAND
AS RESERVED IN BOOK 6014, PAGE 23 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ONE -HALF OF ALL OIL, GAS AND MINERALS BENEATH SAID LAND, AS
RESERVED IN DEED RECORDED SEPTEMBER 16, 1955 IN BOOK 494, PAGE 494 OF OFFICIAL
RECORDS.
RESERVING THEREFROM, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'A, OF
BOUNDARY ADJUSTMENT NO. 07 -01, A NON - EXCLUSIVE EASEMENT FOR A SHARED DRIVEWAY
OVER, UNDER, ALONG AND THROUGH ALL THAT PORTION OF SAID PARCEL'B' DESCRIBED AS
FOLLOWS:
SHARED DRIVEWAY EASEMENT
COMMENCING AT THE MOST EASTERLY NORTHEAST CORNER OF PARCEL 'C' OF BOUNDARY
ADJUSTMENT NO. 07 -01, SAID POINT ALSO BEING ON THE CENTERLINE OF YORK AVENUE
(VACATED TO PUBLIC USE), SAID POINT BEARS NORTH 0 °21'08" WEST 20.00 FEET FROM THE
MOST EASTERLY SOUTHEAST CORNER OF SAID PARCEL'C'; THENCE ALONG THE NORTHERLY
LINE OF SAID PARCEL 'C', SOUTH 89 °38'52" WEST 170.17 FEET; THENCE ALONG THE EASTERLY
LINE OF SAID PARCEL'C' AND SAID PARCEL'B', NORTH 0 °20'08" WEST 28.54 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID EASTERLY LINE OF
PARCEL'B', SOUTH 89 037'09" WEST, 30.00 FEET, THENCE PARALLEL WITH SAID EASTERLY LINE
OF PARCEL'B', NORTH 0 °20'08" WEST, 68.78 FEET TO THE NORTHERLY LINE OF SAID PARCEL
'B', THENCE ALONG SAID NORTHERLY LINE, NORTH 89 038'52" EAST, 30.00 FEET TO THE
NORTHEASTERLY CORNER OF SAID PARCEL'B', THENCE SOUTHERLY ALONG THE EASTERLY
LINE OF SAID PARCEL 'B', SOUTH 0 °20'08" EAST, 68.75 FEET TO THE TRUE POINT OF
BEGINNING.
ALSO RESERVING THEREFROM, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'A' AND
PARCEL 'C' OF BOUNDARY ADJUSTMENT NO. 07 -01, NON - EXCLUSIVE EASEMENTS FOR A
PRIVATE DRIVEWAY OVER, UNDER, ALONG, AND THROUGH THAT PORTION OF THE PRIVATE
DRIVE EASEMENT (DEFINED BELOW) LOCATED WITHIN PARCEL B.
PARCEL 61:
A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'B'
ABOVE, FOR A PRIVATE DRIVEWAY OVER, UNDER, ALONG AND THROUGH THAT PORTION OF
THE FOLLOWING DESCRIBED LAND LOCATED WITHIN PARCEL'C' OF BOUNDARY ADJUSTMENT
NO. 07 -01:
PRIVATE DRIVE EASEMENT
BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF PARCEL 'C' OF BOUNDARY
ADJUSTMENT NO. 07 -01, SAID POINT ALSO BEING A POINT ON THE CENTERLINE OF YORK
AVENUE (VACATED TO PUBLIC USE), SAID POINT BEARS NORTH 0 °21'08" WEST 20.00 FEET
FROM THE MOST EASTERLY SOUTHEAST CORNER OF SAID PARCEL 'C': THENCE SOUTH
3125110 Exhibit A 51500 -37 370424_2
8221
89 °38'52" WEST 170.17 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 'C'; THENCE
ALONG THE EASTERLY LINE OF PARCEL 'C', NORTH 0 020'08" WEST, 9.29 FEET TO THE
SOUTHEASTERLY CORNER OF SAID PARCEL 'B' OF BOUNDARY ADJUSTMENT NO. 07 -01;
THENCE CONTINUING NORTHERLY, ALONG THE EASTERLY LINE OF SAID PARCEL 'B', NORTH
0 020'08" WEST, 19.25 FEET, THENCE LEAVING SAID LINE, SOUTH 89 037'09" WEST, 48.50 FEET TO
THE BEGINNING OF A NON - TANGENT, 28.00 -FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 89 037'09" WEST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID 28 -FOOT RADIUS CURVE, THROUGH A CENTRAL
ANGLE OF 43 017'40 ", AN ARC DISTANCE OF 21.16 FEET TO THE SOUTHERLY LINE OF SAID
PARCEL 'B'; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 °39'52" WEST, 20.38 FEET;
THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 0 °20'08" EAST, 29.31 FEET TO THE
INTERSECTION OF THE WESTERLY PROLONGATION OF A PORTION OF THE SOUTHERLY LINE
OF THE AFORESAID PARCEL 'C', SAID POINT OF INTERSECTION BEARS SOUTH 89 °38'52" WEST
246.66 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 'C', ALSO BEING A POINT ON
THE CENTERLINE OF YORK AVENUE (VACATED TO PUBLIC USE); THENCE EASTERLY ALONG
SAID PROLONGATION LINE, NORTH 89 °38'52" EAST 246.66 FEET TO SAID SOUTHEAST CORNER
OF PARCEL 'C'; THENCE ALONG THE MOST EASTERLY LINE OF SAID PARCEL 'C' AND SAID
CENTERLINE OF YORK AVENUE (VACATED TO PUBLIC USE) NORTH 0 °21'08" EAST 20.00 FEET
TO THE POINT OF BEGINNING ('PRIVATE DRIVE EASEMENT ").
PARCEL 132:
A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'B'
ABOVE, FOR ROAD AND PUBLIC UTILITY PURPOSES, IN, OVER, UNDER AND ACROSS THE
WESTERLY 40.00 FEET OF PARCELS 1, 2 AND 3 AND THE NORTHERLY 30.00 FEET OF PARCEL 1
OF PARCEL MAP NO. 1775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON JULY 26, 1973, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF.
3/25/10 Exhibit A 51500 -37 370424_2
PRIVATE DRIVEEASEMENT "
82213
THENCE ALONG THE MOST EASTERLY LINE OF SAID PARCEL'C' AND
SAID CENTERLINE OF YORK AVENUE;(VACATED TO PUBLIC USE) NORTH
0°21'08" EAST201:00 FEET TO THE POINT OF BEGINNING.
CONTAINING 61623 SQUARE FEET, MORE OR LESS.
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92103 -5740 (619) 299 -5550
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ENGINEERS
EASEMENT ENGINEERS & SURVEYORS
3434 Fourth Ave., San Diego, CA
92103 -5740 (619) 299 -5550
CITY OF POWAY, CA_ Z /z -Izor�
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OFFICIAL RECORDS OF SAID COUNTY,.OF SANDIEGO,- DESCRIBED AS',
FOLLOWS:
SHARED DRIVEWAY EASEMENT
CONTAININOa978 SQUARE FEET, MOREOR LESS: .
8226
EXHIBIT "C -2"
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I ARY ADJUSIMEBC: NO 07 -01
FLIANGE; 8 2008,
Bp0OF OOM lEMBF-R047B020 0R.
CERTIFICACORDEO 00, .2008-
0 AS DOCUMENT N0.
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LENGTH
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No. BSBD 9
SHARED DRIVEWAY E T &NA G
EASEMENT ENGINEERS 8 SURVEYORS
3434 Fourth Ave., San Diego, CA
92103 -5740 (619) 299.5550
CITY OF POWAY, CA 2 Zs Z�;b
SCALE: 7 "=60" jCASEY,,iV.LYNCH LS 8380 DATE