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Private Street Maintenance Agreement 2014-0506480Received City Clerk's Off1Ce OREC'QRDING REQUESTED BY: CITY OF POWAY >nWAY AND WHEN RECORDED MAIL TO: D O C # 2014-0506480 1111111111111111111111111111111111111111111111111111111111111 IIE IN NOV 20, 2014 8:37 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE Emest J. Dionenbuig, Ji., COUNTY RECORDER FEES: 34.00 PAGES: 7 (THIS SPACE FOR RECORDER'S USE) PRIVATE STREET MAINTENANCE AGREEMENT (TPM11 -001) purposes osThis PRIVATE SfTREET MAINTENANCE AGREEMENT ( "Agreement "), dated for reference ur es as the //A day of 2014 , is entered into between Yisroel Goldstein and Devorah S. Goldstein, (hereinafter referred to as "OWNER "), and the CITY OF POWAY, a municipal corporation (hereinafter referred to as "CITY "), for the benefit of future subdivision lot owners who will use the PRIVATE STREET (which shall include the DEVELOPER to the extent the DEVELOPER retains any ownership interest in any lot or lots within the PROPERTY). WHEREAS, this Agreement is required by CITY as a condition of approval of Tentative Parcel Map 11 -001, 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 a certain private street 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 subdivided into two single - family residential lots 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 Private Street Maintenance Agreement — Goldstein Page 1 CITY CLERK —1% CITY OF POWAY P O BOX 789 (bAJ POWAY, CA 92074 D O C # 2014-0506480 1111111111111111111111111111111111111111111111111111111111111 IIE IN NOV 20, 2014 8:37 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE Emest J. Dionenbuig, Ji., COUNTY RECORDER FEES: 34.00 PAGES: 7 (THIS SPACE FOR RECORDER'S USE) PRIVATE STREET MAINTENANCE AGREEMENT (TPM11 -001) purposes osThis PRIVATE SfTREET MAINTENANCE AGREEMENT ( "Agreement "), dated for reference ur es as the //A day of 2014 , is entered into between Yisroel Goldstein and Devorah S. Goldstein, (hereinafter referred to as "OWNER "), and the CITY OF POWAY, a municipal corporation (hereinafter referred to as "CITY "), for the benefit of future subdivision lot owners who will use the PRIVATE STREET (which shall include the DEVELOPER to the extent the DEVELOPER retains any ownership interest in any lot or lots within the PROPERTY). WHEREAS, this Agreement is required by CITY as a condition of approval of Tentative Parcel Map 11 -001, 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 a certain private street 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 subdivided into two single - family residential lots 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 Private Street Maintenance Agreement — Goldstein Page 1 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 for TPM11 -001. 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. Private Street Maintenance Agreement — Goldstein Page 2 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. 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. Agreement on the dates set forth CITY OF POWAY: lwofyj- k�bert J. Ma s Director of Development ices Approved as to Form Office of the City Attorney t Morga L. F ley City A6orne4 (Signatures must be notarized.) Date: // U113 V- Private Street Maintenance Agreement — Goldstein Page 3 a a . .n.. r n a+ n_ »._ N!, » ;604 .n_»..a_n State of California /' County of cJfJ/J/ JJ /E4� On ✓E 0I before me, 4,YZ Z/ s Date / ^ Here Insert Name and Tltle of Me Officer personally appeared PHYLLIS SHINN Commission * 1956215 "-� Notary Public - California z San Diego County ' Comm. Expires Nov 9, 2015 J Place Notary Seel Above z who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) }/are subscribed to the within instrument and acknowledged to me that '* /s */they executed the same in'Iss/h)r/their authorized capacity(ies), and that by rOW*Aheir 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 hand d official sea Signature Signeaae Notary Puek 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 Title or Type of Document /:7"K /V/r6 J%ilBE /. / VY1 1,0V1tA Ar—e Document Date: AlpI/l4ex t. //F �� , zez / Number of Pages: 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 Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: LSr1 RIGHT TH UP,IBPRINT cF slsNeR m2007Naaonal Notary Asaodabon•9350De S= Am., P .O.BM2402•ChatMM,CA91313-2402 -w .NatlonalNoteryorg Itemx5907 Reorder CaWTdFrieel- 800-8766a27 SHEET i OF 2 SHEETS EXHIBIT A PRIVATE STREET EASEMENT THE WESTERLY 40.00 FEET OF PARCEL 4 OF PARCEL MAP NO. 14596, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1986 AS FILE/PAGE NO. 86- 609206 OF OFFICIAL RECORDS. TOGETHER WITH THE WESTERLY 56.00 FEET OF THAT PORTION OF LOT 1 IN SECTION 26, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, LYING SOUTH OF THE SOUTHERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 14956 HEREINABOVE DESCRIBED AND LYING NORTHERLY OF THE NORTHERLY SIDE LINE OF COUNTY ROAD SURVEY NO. 1673 AS DECRIBED IN DEED TO THE COUNTY OF SAN DIEGO, CORDED FEBRUARY 19, 1962 AS FILE/PAGE NO. 28925 OF OFFICIAL RECORDS. EXHIBIT A SHEET 2 OF 2 SHEETS 0 0 II w J U m I PARCEL 2 CITY OF POWAY TPM 111 -0 1 I II / PARCEL 4 / PAR 40 PRIVATE ROgI EXISTING A.C. PAVED ROADI MIN. WIDTH 23' O / m '56, PRIV4T I E ROAD ESM,T ��L PARCEL 1 PARCEL 3 PARCEL 2 EL MAP 14596 ESA1'T NORTHERLY SIDELINE OF R.S.1673 I . EXHIBIT B PROPERTY LEGAL DESCRIPTION PARCEL I OF PARCEL MAP NO. 14596, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1986 AS FILE/PAGE NO. 86- 609206 OF OFFICIAL RECORDS.