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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 m: lengservlclapplagreementslvahidilprivate streets maintenance agmt.docx 3 CALIFORNIA ALL-PURPOSE ACKNOWLED{�NIENT Sl9TEOFCAL|FDRN|� AV Coun�L/cf SAN DIEGO " beforeme� . �o. 7� � 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�� � '--- — --- ' _ -' ' Signer'sName�______________ |ndividua| paun,,--L] um.teu General L� Attorney in Fact Trustee '-| Gua,uiaoorConse,vaoz, Top ormumb ha,o | siqna,|s nor'cs�nxn�� � � !ndividua| L C "omomte Officer --Tide(s):_ Panna/--[Jumueu uaoeng L� Attorney in Fact [� Trustee L, suamiano/oonse,val.or | Top o/ thumb here ! Signn,/s�rv"as�noo�� � '--- — --- ' _ -' ' Signer'sName�______________ |ndividua| paun,,--L] um.teu General L� Attorney in Fact Trustee '-| Gua,uiaoorConse,vaoz, Top ormumb ha,o | siqna,|s nor'cs�nxn�� � � 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 M 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 a :_ o n F°- "'m "PMA APIN 021-180-03 C`) D I�1 PARCEL 1 II= PROPOSED FUTURES CITY OF POWAY TPM 10 -02 ROAD WIDENING PER rA o CITY OF POWAY IMP PLANS STI 11-003 PARCEL 2 I 12) J 1f f �•, / EXISTING � � 4W f ROAD--\ PARCEL 3 1 LIMITS PRIVATE ROAD EASEMENT LABELED AS PROPOSED PRIVATE ;p ROAD AND UTILITY EASEMENT < IN PARCEL MAP 18189 APJN '321-180-190 m /� I 0-5 /I rl��J 3221-18 :.J `J J APIN 021-180-03 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.