Private Street Maintenance Agreement 2011-0694133RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
APN: 321 - 180 -58
DOC # 2011 - 0694133
001111III11I11I1I BIB11II111I11111I1I11111111I1111I11111I1
DEC 23, 2011 10:56 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
FEES: 46 .00 PAGES: 11
I gYll IIIII nYl 89111I�II IIlp IIIII IIGI IIIII IflA IIIII IIII IIIII lull IIIII IV IIII
(THIS SPACE FOR RECORDER'S USE)
PRIVATE STREET MAINTENANCE AGREEMENT
(TPM 10 -002)
THIS PRIVATE STREET MAINTENANCE AGREEMENT ( "Agreement "), dated for reference
purposes as the 2nd day of December, 2011, is entered into between Mahsa Vahidi, Virasb Vahidi,
and Pantea Vahidi, hereinafter referred to as "OWNER ", and the CITY OF POWAY, a ' municipal
corporation, hereinafter referred to as "CITY ".
WHEREAS, this Agreement is required by CITY as a condition of approval of TPM10 -002,
pursuant to Poway Municipal Code Sections 12.20.050, 12.20.060, 12.20.110, 12.20.120, and
17.08.180(P), 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 three single -
family residences 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:
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. 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.
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
icon
APN: 321 - 180 -58
DOC # 2011 - 0694133
001111III11I11I1I BIB11II111I11111I1I11111111I1111I11111I1
DEC 23, 2011 10:56 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
FEES: 46 .00 PAGES: 11
I gYll IIIII nYl 89111I�II IIlp IIIII IIGI IIIII IflA IIIII IIII IIIII lull IIIII IV IIII
(THIS SPACE FOR RECORDER'S USE)
PRIVATE STREET MAINTENANCE AGREEMENT
(TPM 10 -002)
THIS PRIVATE STREET MAINTENANCE AGREEMENT ( "Agreement "), dated for reference
purposes as the 2nd day of December, 2011, is entered into between Mahsa Vahidi, Virasb Vahidi,
and Pantea Vahidi, hereinafter referred to as "OWNER ", and the CITY OF POWAY, a ' municipal
corporation, hereinafter referred to as "CITY ".
WHEREAS, this Agreement is required by CITY as a condition of approval of TPM10 -002,
pursuant to Poway Municipal Code Sections 12.20.050, 12.20.060, 12.20.110, 12.20.120, and
17.08.180(P), 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 three single -
family residences 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:
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. 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.
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 recordation of the
Parcel Map, City Tentative Parcel Map No. 10 -002.
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.
G. 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.
7. 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.
2
1 i . 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.
12_ This Agreement shall be governed by the lags 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: L\A�koumj
Mahsa Vahidi
Virsab Vahidi
Pantea Vahidi
Date: Z 2-- t i
Date:
Date:
CITY OF POWAY:
Date:
Rob rt J. Manis
Director of Development ServIlcl-LA
A
Approved as to Form
Office of the City Attorney
IVIor n L.. a
City ## ey
Attachments: 1 ) Notary Acknowledgement
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CALIFORNIA ALL-PURPOSE ACKNOWLED{�NIENT
Sl9TEOFCAL|FDRN|�
AV
Coun�L/cf SAN DIEGO
"
beforeme� .
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pe �ona�appea�d _/`NM�^i |
who proved to mo on the basis of satisfactory evidence to
be the pe/son(s) whosename(s) is/are subscribed uothe
within instrument and acknowledged to me tha-Hte/sheMTcy
executed the same ln-h�s/her/t4(;�r authorized capa6ty(les),
and that by--�tls/heH�eir signature(s) on the instrument the
person(s), or the entity upon behalf of vlhich the person(s)
acted, executed the instrument.
| certify under PENALTY DF PERJURY under the laws of
the State of California that the foregoing paragraph 'is true
and correct,
Witness
3ignature
Place xo��se�A�, �o��ra o f�tary PublTcc---'
— OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document'
and could prevent fraudul-ent removal and reattachment of this form to another document.
Description of Attached Document
, Tilloor Type of Document-
Document _______
Number of Pages-
Signer(s) OtherThanNamedAbove:_______�________
Capaoity(ie�) C{aioned by Signe�s)
Signn,/s�rv"as�noo�� �
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Signer'sName�______________
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paun,,--L] um.teu General
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Signn,/s�rv"as�noo�� �
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of J� � J %��
O
On �G"� '�'r" 13 Z1%/ /before me, A LL: /s
Date Here Insert Name dnd Title of the Officer
personally appeared J-
who proved to me on the basis of satisfactory evidence to
be the person(k. whose name is /aX- Subscribed to the
within instrument and acknowledged to me that
he /* /t,Ny_ executed the same in his /I*r /th authorized
capacity(i ., and that by his /*.. /th* ,signature(, on the
PHYLLIS SHM instrument the personk or the entity upon behalf of
Commission * 1956215 which the person(Xacted, executed the instrument.
Notary Pubk - CaMonga
San Diego County r I certify under PENALTY OF PERJURY under the laws
Connnn. ires Nov 9, 2015 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my handaAd official seal.
Signature
Place Notary Seal Above 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 f cument ,
Title or Type of Document: � , /77:7- t /
Document Date: �� �L �7( .0 ZO
Signer(s) Other Than Named Above:
Capacity(ies) 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
RIGHTTHUMBPRINT_
OF SIG.NER�
Number of Pages:
V�f�;s
lb/
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
R_IGHTTIUMBPRINT'
OFSIGNEW
.. .
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91 31 3 -2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827
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.
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:
Mahsa Vahidi
Vahidi
Pantea Vahidi
CITY OF POWAY:
Robert J. Danis
Director of Development Services
Approved as to Form
Office of the City Attorney
Morgan L. Foley
City Attorney
Attachments: 1) Notary Acknowledgement
Date:
Date. ► z.� ° i
Date:
Date:
ml engservl clapplagreementslvahidilprivate streets maintenance agmt.docx
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The State of Texas
County of J&"Li:
Before me, a Notary Public, on this day personally appeared
_6 "/- A i Al , known to me to be the person whose
name is subscribed to the forgoing instrument and acknowledged to me that he
executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office this day of
&aji,&A I J-110
& vuo��
Notary Public, State of Texas
(PERSONALIZED SEAL)
. JUDITH C. BEHLAU
MY COMMISSION EXPIRES
October 23 2012
(Printed name of Notary Public here)
My commission expires the d3ly-day of OA�-
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.
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.
f
OWNER:
Mahsa Vahidi
a
Virsab Vahidi
I
Pantea Vahidi
CITY OF POWAY:
Robert J. Danis
Director of Development Services
Approved as to Form
Office of the City Attorney
Morgan L. Foley
City Attorney
Attachments: 1) Notary Acknowledgement
m: lengaervldapplagreementsWahidlpdvate streets maintenance agmt.docx
3
S
Date:
Date:
Date: a(N�
Date:
1.
ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
San Diego
SS.
On December (S4' 2011 before me Ash Nickles Notary Public
(DATE) (NOT.AR�')
personally appeared Pavtl�n
SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the persons ..whose names) is /are-
subscribed to the within instrument and acknowledged to me thaj-h-e/she /they executed the same in
hi,glier /their authorized capacity(ie4, and that byl4sfher /theiT signature(.s.)-on the instrument the
personoT,, or the entity upon behalf of which the person( 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.
ASH NICI<LE 3
t� COMM. # 1825273 �fl
vl NOTARY PUBLIC -CALIFORNIA ul
> SAN DIEGO, COUNTY
MY Comm. UP. DEC. 26, 2012
Effective January 1, 2006, the California certificate of
acknowledgment must be in the form set forth in Civil Code
section 1189; rather than "substantially" in the form set forth
therein. The form set forth in Civil Code section 1189 did not
change, but variations in the California form are no longer
permitted. (The law regarding acknowledgments to be used
with documents to be filed in other states has not changed
(Civil Code § 1189(c)).
WITNESS my hand and. official seal.
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT -rfm [— ®�
NUM ER OF PAGES
DATE OF DOCUMENT
RIGHT THUMBPRINT
OF
SIGNER
APA 5/99 VALLEY - SIERRA. 800 - 362 -3369
OTHER
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EXHIBIT B
PROPERTY LEGAL DESCRIPTION
THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF
SECTION 7, TOWNSHIP 14 SOUTH, RANGE 1 WEST SAN BERNARDINO BASE
AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 5 OF BELVEDERE
ESTATES UNIT NO. I. ACCORDING TO MAP THEREOF NO. 4015 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE
NORTH 89025'10"' EAST, ALONG THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID LOT 52 240.00 FEET; THENCE NORTH 44 °38'45"
EAST, IN A STRAIGHT LINE 368.62 FEET TO THE SOUTHEASTERLY CORNER
OF LOT 15 OF SAID UNIT NO. 1, MAP 4015; THENCE NORTH 67 °50'33" WEST,
91.28 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 15; THENCE
CONTINUING ALONG THE SUBDIVISION BOUNDARY OF SAID MAP 4015
NORTH 67050'33" WEST 221.22 FEET; NORTH 81'40'21" WEST, 103.02 FEET;
SOUTH 89025'10" WEST, 145.00 FEET; SOUTH 00 °34'50" EAST, 261.36 FEET;
THENCE CONTINUING SOUTH 14 °26'26" EAST, ALONG SAID SUBDIVISION
BOUNDARY 139.05 FEET TO THE POINT OF BEGINNING.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD
DATA ON R.O.S. MAP 8243.