Private Street Maintenance Agreement 2014-002791110' RECORDING 'REQUESTED BY:
CITY OF POWAY
AND WHENAECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY. CA 92074
APN: 323 - 201 -46, 47, 48, & 49
Q O C # 2014-0027911
1111111111111111111111111111111111111111111111111111111111111 IIII III
JAN 22, 2014 9:66 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest,). D ronenburD, Jr , COUNTY RECORDER
FEES: 34.00
PAGES: 7
(THIS SPACE FOR RECORDER's USE)
PRIVATE STREET MAINTENANCE AGREEMENT
(TPM06 -03)
THIS PRIVATE STREET MAINTENANCE AGREEMENT ( "Agreement'), dated for reference
purposes as the 60'�% day of 20A , is entered into between McCullough
Design and Development, Inc., a, California Co oration, 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 asa condition of approval of Tentative Parcel
Map 06 -03,, 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 that certain private
street described and shown on Exhibit A, attached hereto and made apart hereof, hereinafter referred
to as "PRIVATE STREET; and
WHEREAS, OWNER is the owner of certain real properties being developed as single - family
residences at 13222, 13224 and 13226 Vista View Court 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.
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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 toand 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 Building
Permits by CITY to construct single - family residences at 13222, 13224 and 13226 Vista View
Court.
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, orto,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 with 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.
Private Street Maintenance Agreement (TPM 06 -03) Page 2
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'subsegdent purchaser of all or anyportion of ^the'Property, by acceptance of delivery
of a, deed and /or conveyance, regardless of iorm, 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: McCullough Design and Development, Inc., a California Corporation
By: 'G v Date: 1.61-2-014
Its:
By:
Its: Secretary
CITY OF POWAY:
rt J. Manis t '
for of Development
Approved as to Form
Office of the City Attorney
� ae�21
Morga L. F ley, City A orney
Date: I • q - 2014
Date: 13 /
Attachments: 1) Notary Acknowledgement
m: \engserv\clapp\agreements \vista view psma.docx
Private Street Maintenance Agreement (TPM 06 -03) Page 3
I
ALL - PURPOSE ACKNOWLEDGMENT
State of California
�"
County of QAh IdleAo SS. t�
On 1141126 j t' before me, D. Van CAVNAF Notary Public,
/ I uA'rl:
personally appeared
who proved to me on the
basis of satisfactory evidence to be the person(a) whose name(s) is /ere-subscribed to the within instrument
and acknowledged to me that he4� executed the
same in his ief "� :_ authorized capacity(-i@0, and that
by his4teri;iieii-signature(.&4 on the instrument the
person(, or the entity upon behalf of which the
person(&) acted, executed the instrument.
_ B. VAN CAMP
CDMM.8 2046925
SM N
N NOY PUBLIC - CALIFORNIA
BAN DIEGO COUNTY
MY CONN. UP, DO !; 9017'
PLACE. NOTAR)' SEAL IN ABOVE. SPACE
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.
NOIIJY 'S SIGNATURE
OPTIONAL INFORMATION
The information below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITYCLAIMED BYSIGNER (PRINCIPAL) DESCRIPTION OFATTACHED DOCUNIENT
❑ INDIVIDUAL YlvoA c CV, Mai v+
CORPORATE OFFICER TITLE OR TYPE OF DOCU� :N'F
❑ PARTNER(S) IIILEfS)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S) NUMBER OF PAGES
❑ GUARDIAN /CONSERVATOR ' Ia'�I
F1 OTHER: NFEOF DOCUMENT
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PERSON(S) OR ENTITNrUES)
McC W_Ah Din`
RIGHT
THUMBPRINT
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SIGNER
OTHER
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California 1
County of
On before me,
Date Here Insert Name raiii Trtle of the Officer
personally appeared
J. ✓n -9,411J
PHYLLIS SHINN
Commission # 1956215
v
Notary Public - California i
San.Diepo county
M Comm. Ezires'Nov:9.�2015r
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(Q whose name(N is/0 -- subscribed to the
within instrument and acknowledged to me that
he /sbii- tlidy executed the same in hisiftrfthk authorized
capacity(i(M), and that by his/Wh* signatureA on the
instrument the persona ll, or the entity upon behalf of
which the person(g) 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 han nd official seal
Signature
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: �/fINUA�Y �,,/2 e
MWSigner(s) Other Than Named Above: n .,
Capacity(ies) Claimed by Signer(s)
Signer's Name:`
❑ Individual
❑ Corporate Officer— Title(s):
El 'Partner —❑ Limited ❑ General
❑ Attorney in Fact
I" r.;. �^ _ -Top of thumb here-
El Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of
a LL91.t!r
Signer's Nat
El Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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SHEET 1 OF 2 SHEETS
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PRIVATE STREET
PARCEL "'A" OF PARCEL `MAP NO. 21036, IN THE CITY OF'POWAY, COUNTY
OF SAN DIEGO, STATIAP CALIFORNIA, ACCORDING TO MAP THEREOF
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MARCH 12, 2013.
THE PRIVATE ROAD EASEMENT DESCRIBED IN DEED RECORDED APRIL'14;
1969 AS FILE/PAGE NO. 63737 IN THE OFFICE OF THE COUNTY RECORDER OF
SAN`DIEGO COUNTY EXCEPTING THEREFROM THAT PORTION "LYING
SOUTHERLY OF THE EASTERLY EXTENSION OF THE'NORTHERLY LINE OF
PARCEL 3 OF ABOVE?SAID PARCEL MAP NO. 21036.
EXHIBIT A SHEET 2 OF 2 SHEETS
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PARCEL 2 P a RRNATE ROAD:_EASEMENT
PERT /P 63733
28 RECD 4 -1.4 -1969
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PARCEL 3
E'LY EXTENSION OF
N'LY LINE -OF
PARCEL 3, PM 21036