Private Street Maintenance Agreement 2010-04701980
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
1:�►R7�YdIQIXi1II�711
D O C* 2010-0470198
Iiilllli II!)IiII ills VIII 19III VIII VIII IIlII �IIII VIII IiIII III IlII
SEP 07, 2010 3:04 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 34.00
PAGES: 7
(THIS SPACE FOR RECORDER'S USE)
PRIVATE STREET MAINTENANCE AGREEMENT
(TTM 06 -04)
THIS PRIVATEgSTREET MAINTENANCE AGREEMENT ( "Agreement "), dated for reference
purposes as the q day of HK U67— , 2010, is entered into between Donald L.
Mechling and Kathleen A. Mechlinq Revocable Living Trust dated July 31, 1992, 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 TTM 06 -04,
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 wishes to provide for the maintenance and repair of those certain private
streets described and shown on Exhibit A, attached hereto and made a part hereof, hereinafter
referred to as "PRIVATE STREET "; and
WHEREAS, OWNER is the owner of certain real property being developed as a subdivision
consisting of ten (10) individual residential lots, in accordance with applications for Tentative Map No.
TTM 06 -04, and Grading Permit No. G1603 -07, which are on file with the City, that will use and enjoy
the benefit of such PRIVATE STREET. A complete legal description of said real property is included
in Exhibit B attached hereto and made a part hereof. Said real property is hereinafter referred to as
"PROPERTY ": and
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:
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. Notwithstanding the foregoing, OWNER may seek
contributions or recompense from and by all other owners, heirs, assigns and successors in
interest who may be obligated under similar Private Street Maintenance Agreements with the
City of Poway relevant to this section of private roadway.
IG-DE6
• •
3. The repairs and maintenance to be performed under this Agreement 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 acceptance of the
public improvements as required by the tentative map.
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 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. OWNER 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.
8. 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.
9. 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,
0
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.
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: &414 lL� z Date:
Donald L. Mechling, Trustee
ate:
Kathleen A. Mechling, Trustee
CITY OF POWAY:
o ert J. Manis
Director of Development Services
Approved as to Form
Office of the City Attorney
(- C4� �-' to,
Lisa A. Foster, City Attorney
M tengseNk ClappVAgreements \Mechlmg\Private Streets Maintenance Agmt.docx
P -/(, -/v
Date:
L- iG
Date: 9
• •
CALIFORNIA ALL-PURPOSE ACK14OWLEDGMEJOT
- a_ afi' aN ':jf;.ji�.if!'.> ✓:)JcTY..:�f�i> cji; L+.:iL.tiviv�Ki;. tit.: ie �H: �'�C�.H:;:Yi:'+ivii +:�Na ✓a'lv�" c�S +.Tf{�f +Nf�nf�if '>S�i�S;c�t�'� —._ _
State of California
County of San Diego
On A r t-I 2010
Dat
personalty appeared
before me, Phyllis Shinn, Notary Public
Mere Insert Name entl?gle of the Officer '
'oA� 2e7 j U/j
PHYLLIS SHINN
Commission # 1778898
'o Notary Public - California
San Diego County
Comm.= Nov9,2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(k whose mme(Q is/are subscribed to the
within instrument and acknowledged to me that
he /s * /t* executed the same in his/tXr /tb6ir. authorized
capacity(i9 and that by his*r /ttj it signature(,, 1 on the
instrument the persciri* or the entity upon behalf of
which the personXacted, 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 nc . ul officia I seal. /�
Signature
S1goatire of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to ary0ow document.
Description of Attached Document
Title or Type of Document: t-/<
Document Date: �f N C V S% qr 00/6 Number o2 Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signets Name:
❑ Individual
❑ Corporate Officer — Title(s): _
Cl Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
R16; THUMBPRINT
+ %OFSIGNER f'';f
Signer's Nay
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Litil ❑ General
O Attorney in Fact
❑ Trustee
• Guardian or Conservator
• Other:
Signer Is Representrrny
vh! <'. <.,cg.�+i2Cq �a<'+ i< �c. q< �s`✓ eLt ,'eih.<'eva:�<@'s�'ri+S «qKr <v'riS 'a«w.' V«.' vs:yae2`r "ei'
7R IGHTTHUMBPR -1N
' -4 OF SIGNER:2•:
0
11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Y9iS.. 1f: �SCs$ t,.(T S;'+ iiS. cT S�sT iC'. Tf! JY: yi.. 3f!>$$ C�..: �Ngf��iyS„ �f:'( ia:. �f:(lfS(TS ^.tif.(.'$$ {.ry•;TwyC <. iC.) f�.) t�. �t{.: 3S;: jJ:> islN�ifSHf..:T f.YTf£�f;Hf�.(�a.AN-�,'t{,c'�.i
State of California
County of San Diego
On Gl��si / ZD /0
Date I
personally appeared
before me, Phyllis Shinn, Notary Public
Here Insert Name am Title of the Othter
9LA 1. �1/IFcNGi�r/l > >" still
PHYLLIS SHINN
Commission N 1778898
's Notary Public - Colifornla
Son Diego County
r.
Cor Ire1Nov9 2011
Place Notary Seal Above
`PlI e>< /vW,,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) X /are subscribed to the
within instrument and acknowledged to me that
1y�/they executed the same in bi�/*/their authorized
capacity(ies), and that by ly&* /their 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.
WITNESS my hariond officialse
Signature _e�
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: _17L%n117 uST
Signer(s) Other Than Named Above:
Capacity(lies) Claimed by Signer(s)
Signer's Name
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
WA
RIGHTTHUMBPRINT
'r,'d OF SIGNER' ?77:'
in
Number of Pages:
V /.S
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
:_•, aF SIGNER e`: =— 0
v4u(' Y- L�✓( v<( N <�(V'.vLa(�' ✓(ty<(d'e/S�r;G�G/, �.�riL 'v 'M<L✓. (<✓(Hd' d� <'v < \ / <'f/< \`�<(YC� < \�<V ('ei(V =\:<'V 'd '!S<'N 'vt(��N
EXHIBIT'A': PRIVATE ROAD PLAT
0
PARCEL I:
EXHIBIT `B'
0
ALL THOSE PORTIONS OF LOT 4 IN SECTION 5 AND OF LOTS 1 AND 2 IN SECTION 6,
ALL IN TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY
24, 1876, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 4 DISTANT THEREON
SOUTH 0 048'00" WEST, 607.78 FEET FROM THE NORTHWEST CORNER OF SAID LOT 4,
SAID POINT BEING ALSO A POINT IN THE CENTER LINE OF THAT 40 FOOT
EASEMENT FOR ROAD PURPOSES DESCRIBED IN PARCEL 1 ABOVE: THENCE
CONTINUING SOUTH 0 048'00" WEST ALONG SAID WEST LINE, 135.90 FEET TO THE
SOUTHEASTERLY CORNER OF THE CERTAIN TRACT OF LAND CONVEYED TO
THOMAS A. BURRESS ET UX BY DEED RECORDED NOVEMBER 7, 1952, IN BOOK
4647, PAGE 272 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF
SAID BURRESS' LAND SOUTH 84 053'20" WEST, 746.31 FEET TO AN ANGLE POINT
THEREIN; TT-IENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 82 °53'30" WEST
274.42 FEET TO THE SOUTHWESTERLY CORNER OF SAID BURRESS' LAND BEING
ALSO AN ANGLE POINT IN THE EASTERLY BOUNDARY OF THAT CERTAIN TRACT
OF LAND CONVEYED TO ANDREW B. GALLANT ET UX BY DEED RECORDED
OCTOBER 19, 1955, IN BOOK 5835, PAGE 391 OF OFFICIAL RECORDS; THENCE
ALONG SAID EASTERLY BOUNDARY THE FOLLOWING COURSES AND DISTANCES;
NORTH 85 013'30" WEST 265.82 FEET; NORTH 81 °19' WEST, 12.62 FEET; SOUTH 3 °19'30"
EAST, 264.85 FEET TO A POINT HEREIN DESCRIBED AS POINT "A ": T14ENCE
CONTINUING ALONG SAID EASTERLY BOUNDARY SOUTH 3 019'30" EAST 54 FEET
TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG THE EASTERLY
BOUNDARY OF SAID GALLANTS' LAND SOUTH 35 043'40" WEST 331.16 FEET TO THE
SOUTHEASTERLY CORNER OF SAID GALLANT'S' LAND, BEING ALSO A POINT IN
THE SOUTH LINE OF SAID LOT 2, THENCE ALONG THE SOUTH LINE OF LOTS 2 AND
1, SOUTH 89 °08'40" EAST, 1458.00 FEET, MORE OR LESS, TO THE SOUTHEAST
CORNER OF SAID LOT l; THENCE ALONG THE SOUTH LINE OF SAID LOT 4 SOUTH
89 °51'53" EAST, 114.20 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 56 °04'40"
EAST, 173.24 FEET; THENCE NORTH 9 °50'20" WEST 197.11 FEET TO A PONT HEREIN
DESCRIBED AS POINT "C "; THENCE CONTINUING NORTH 9 °50'20" WEST 75 FEET;
THENCE NORTH 18 040'20" EAST, 156.76 FEET TO A PONT IN THE ARC OF A CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 170 FEET, BEING IN THE
SOUTHERLY BOUNDARY OF THAT 40.00 FOOT EASEMENT FOR ROAD PURPOSES
DESCRIBED IN PARCEL 1 ABOVE; THENCE RADIAL TO SAID CURVE NORTH
14 °04'50" EAST, 20.00 FEET TO THE CENTER LINE OF SAID 40.00 FOOT ROAD
EASEMENT; THENCE NORTHWESTERLY ALONG SAID CENTER LINE AND ALONG A
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 150 FEET THROUGH A
CENTRAL ANGLE OF 46 005' A DISTANCE OF 120.65 FEET; THENCE NORTH 29 °50'10"
WEST, 150.63 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 200 FEET; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 003'20" A DISTANCE OF
90.95 FEET; THENCE NORTH 53 °53'30" WEST, 24.16 FEET TO THE POINT OF
BEGINNING.