1984-398815RECORDING REQUESTED BY
':When recorded please mail to: 84-398815
-MOAA5 D. -14AR�E86e- � 2254 [6—�,13rCORQED IN
-7 &S 7- 7) P. IFS) OFFICIAL RECORc)s
S YZ 91/_ I C OF SAN UIE.Go C0UNYY CA. l
6 0 05 D 1,q Ga. 1984 OCT 23 AN
PA L, LYLE RF
Recorded Request of LCOVUFRTY RECORDi-R—i MG
Department of Public Works; DE�
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PRIVATE ROAD PIAINTENANCE AGREEMENT ?10
THIS AGREEMENT for the maintenance and repair of that
certain private road easement, the legal description and/or
plat of which is set forth in Exhibit A attached hereto and
made a part hereof, is entered into between
San Diego (hereinafter referred to as "County") for the
benefit of future subdivision lot owners who will use the
private road easement (hereinafter referred to as "lot
owners", which shall include the Developer to the extent the
Developer retains any ownership interest in any lot or lots).
WHEREAS, this Agreement is required as a condition of
approval by the County of a subdivision project as defined
in Section 21065 of the Public Resources Code and pursuant
to San Diego County Code of Regulatory ordinances
Section 81.402(c)(1) and Section 81.703(c)(1); and,
WHEREAS, Developer is the owner of certain real property
being subdivided and developed as 7S X2 A11Z 4 C A eS 7- J> z
Ti m 4090 that will use and enjoy the benefit of said road
easement. A complete legal description of said real property
is attached, labeled Exhibit B, and incorporated by reference.
Said real property is hereinafter referred to as the "property";
and.
WHEREAS, it is the mutual desire of the parties hereto
that said private road easement be maintained in a safe and
usable condition by the lot owners; and
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WHEREAS, it is the mutual desire of the par-ties hereto to
establish a method for the maintenance and repair of said private
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road easement and for the apportionment of the expense of such
maintenance and repair among existing and future lot owners;
and
WHEREAS, the County shall be deemed a party hereto with
the right but not the obligation to enforce full compliance
with the terms and conditions of this Agreement; and
WHEREAS, it is the mutual intention of the parties that
this Agreement constitute a covenant running with the land,
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binding upon each successive lot owner of all or any portion of
the property, NOW, THEREFORE,
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IT IS HEREBY AGREED AS FOLLOWS:
1. The property is benefited by this Agreement, and
present and successive lot owners of all or any portion of
the property are expressly bound hereby for the benefit of
the land.
2. The cost and expense of maintaining the private
road easement shall be divided equally among the subdivided
parcels created in the subdivision and paid by the lot owner
or the heirs, assigns and successors in interest of each
such owner.
3. In the event any of the herein described parcels
of land are subdivided further, the lot owners, heirs,:
assigns and successors in interest of each such newly created
parcel shall be liable under this Agreement for their then
pro rata share of expenses and such pro rata shares of
expenses shall be computed to reflect such newly created
parcels.
4. The repairs and maintenance to be performed under
this Agreement shall be limited to the following unless the
consent for additional work is agreed to by a majority vote
of the lot owners owning 100% of the number of parcels,
including subdivisions thereof as described in paragraph 3
above. Reasonable and normal road improvement and maintenance
work to adequately maintain said private road•easement and
related drainage•facilities to permit all weather access.
Repairs and maintenance under this Agreement shall include,
but is 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 other work reasonably necessary or proper to repair
and preserve the easement for all weather road purposes.
5. Any extraordinary repair required to correct11!.
damage to said road easement that results from action taken it
or contracted for by.parties hereto or their successors in
interest shall be paid for by the party taking action or
party contracting for work which caused the necessity for
the extraordinary repair. The repair shall be such as to
restore the road easement to the condition existing prior
to said damage.
6. It is agreed that Developer is initially the agent '
to contract and oversee and do all acts necessary to accomplish
the repairs and maintenance required and /or authorized under
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this Agreement. The parties further agree that the agent
may at any time be replaced at the direction of a majority
of the lot owners. The agent shall be paid for all costs
incurred including a reasonable compensation for the agent's
services, and such costs shall be added to and paid as a
part of the repair and maintenance cost; provided, however,
that compensation for the agent's services shall in no event
exceed an amount equivalent to 10% of the actual cost of
repairs and maintenance performed. In performing his
duties, the agent, as he anticipates the need for funds,
shall notify the parties and each party shall within forty -
five (45) days pay the agent, who shall maintain'a trustee
account and also maintain accurate accounting records which
are to be available for inspection by any party or authorized
agent upon reasonable request. All such records shall be
retained by the agent for a period of' five _ years.
7. Should any lot owner fail to y pro rata a the
P
t share of costs and
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expenses as provided in this Agreement,
then the agent or any lot owner
or owners may pay the amounts
designated by the agent and shall thereby acquire a lieni`
against the subdivided lot of such delinquent owner for the
amount so paid, together with interest at the legal rate and
such reasonable attorney's fees as the court may adjudge and
actual court costs if action to foreclose is
commenced;
provided, however,-that such lien shall be effective only
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upon recordation in the Office of the Recorder of San Diego
County of notice, or claim thereof,
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within 60 days after the
due date of such payment. Such lien shall be foreclosed in
the manner of Mechanics' Liens under the laws of the State
of California, except as specifically provided in this
Agreement to the contrary. Any action brought to foreclose
such lien shall be commenced within ninety.(90) days following
such
recordation. Any plaintiff in such action may accrue
to the date of judgment all
such delinquent amounts paid by
him after default by defendant, plus interest at the legal
j rate; and have judgment therefore in such action.
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At any foreclosure sale, such lien claimant may bid in,
and
use as cash, the amount of such lien, interest accrued
thereon, any attorney's fees
and court costs, as the judgment
or decree of foreclosure may so state. An i
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the right to redeem from any such foreclosure resale may do g so
only upon
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payment of the amounts of such judgment together
with legal interest thereon.
Such lien shall not be prior
and superior to the rights of the holder of
any encumbrance
made for value on the property of such owner recorded prior
to
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recordation of said notice or claim of lien.
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8. Any liability of the lot owners for personal
injury to the agent hereunder, or to any worker employed to
make repairs or provide maintenance under this Agreement, or
to third persons, as well as any liability of the lot owners
for damage to the property of agent, or any such worker, or
of any third persons, as a result of or arising out of
repairs and maintenance under this Agreement, shall be
borne, as between the lot owners in'the same percentages as
they bear the costs and expenses of such repairs and*inaintenance.
Each lot owner shall be responsible for and maintain his own
insurance, if any. By this Agreement, the parties do not
intend to provide for the sharing of liability with respect
to personal injury or property damage other than that
attributable to the repairs and maintenance undertaken under.
this Agreement. Each of the lot owners agrees to indemnify
the others from any and all liability for injury to himself
or damage to his property when such injury or damage results
from, arises out of, or is attributable to any maintenance
or repairs undertaken pursuant to this Agreement.
9. Lot owners shall jointly and severally defend and
indemnify and hold harmless County, County'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, to
the agent hereunder, or to any lot owner, any contractor,
any subcontractor, any user of the road easement, or to any
other third persons arising out of or in any way related to
the use ofJrepair or maintenance of, or the failure to
repair or maintain the private road easement.
Nothing in the Agreement, the specifications or other
contract documents or County's approval of the plans and
specifications or inspection of the work is intended to
include a review, inspection, acknowledgment of a responsibility
for any such matter, and County, County's engineer, and
their consultants, and each of their officials, directors,
Officers, employees and agents, shall have absolutely no
responsibility or liability therefor.
10. If in the County's sole judgment said private road
easement is not being maintained to standards set forth in
paragraph 4 of this'Agreement, the County may thereupon
provide written notice to all lot owners to initiate repairs
or construction within ninety (90) days. Upon failure to
demonstrate good faith to make repairs or construction
within ninety (90) days, the lot owners agree that the
County may make all.needed repairs to said road easement
and /or construct said road easement to meet the standards
set forth in paragraph 4 and to then assess costs to all lot
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owners proportionately. The agent shall be responsible for
collecting the assessments and ensuring payment to the
County.
11. If the County elects to make necessary repairs*
in accordance with paragraph 10 above, said work shall
be without warranty. Said repair shall be accepted "as
is" by the lot owners without any warranty of workmanship
and be guaranteed and indemnified by them in accordance
with paragraph 9.
12. The foregoing covenants shall run with the land
and shall be deemed to be for the benefit of the land of
each of the lot owners and each and every person who shall
at anytime. own all or any portion of 'the property referred
to herein.
13. It is understood and agreed that the covenants
herein contained shall be binding on the heirs, executors,
administrators, successors, and assigns of each of the
lot owners.
14. It is the purpose of the signators hereto that
this instrument be recorded to the end and intent that
the obligation hereby created shall be and constitute a
lien and shall be secured by the property and any subsequent
purchaser of all or any portion thereof, by acceptance of
delivery of a deed and /or conveyance regardless of form,
shall be deemed to have consented to and become bound by
these presents, including without limitation, the right of
any person entitled to enforce the terms of this Agreement
to enforce the lien therein created by foreclosure proceedings
against the property or any lot or lots therein in the manner
provided by law for the foreclosure of mortgages, such
remedy to be cumulative and in addition to other remedies
provided in this Agreement and to all other remedies at
law or in equity.
15. The terms of this Agreement may be amended in
writing upon majority approval of the lot owners and
consent of the County.
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16. 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 34day of 5EPTnm(3EYL 19 ?4—
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OWNER 2i
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COUNTY OF SAN DIEGO
By
Director, Department of Public Works
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FC -302 (R. 5 -83)
(Individual Acknowledgement)
STATE OF CALIFORNIA
COUNTY OF San Diego } SS. j
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On September 7, 1984 before me, the undersigned, a Notary Public in and for
said State, personally appeared -- Ed3zthe A. HardPbRr%k S„ndherg and
personally known to me or
proved to me on the basis of satisfactory evidence to be
th person whose name G subscribed to
the within instrument and acknowledged that_tbeaz OFFICIAL SEAL
executed the same. RODNEY C. JONES
WITNESS m hand and official seal. NOTARY PUBLIC CALIFORNIA.
Y � PAINCIPALOFFICtIN
r>r 9AN DIEGO COUNTY
MYComfnlsslon Exp No'.20098'
Is 11
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Signature (This area for official notarial seal)
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W.O. 2123
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T. P.M. 18090
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EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF LOTS 11 AND 12 IN BLOCK 22, TOGETHER WITH A
PORTION OF HYCEIA AVENUE, VACATED, ALL BEING.,IN:NORTH LEUCADIA, •
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IN THE COUNTY OF SAN DIEGO, SPATE OF CALIFORNIA, ACCORDING TO THE
MAP THEREOF NO.. 5,24, FILED IN THE OFFICE OF THE COUNTY RECORDER
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APRIL 6, 1888, DESCRIBED AS FOLLOWS:
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BEGINNING AT THE -POINT OF INTERSECTION OF THE
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.SOUTHEASTERLY'LINE.,.
OF MONTEREY STREET, AS SAID STREET IS SHOWN ON MAP NO. 763 OF
4
NORTH LFUCADIA, WITH THE CENTER LINE OF HYGEIA AVENUE.; THENCE SOUTH
15050'10"
EAST ALONG THE CENTER LINE OF HYGEIA AVENUE, 170.76 FEET;'?
THENCE LEAVING SAID CENTER LINE OF HYGEIA AVENUE, NORTH 74 °06158"
EAST 109.13 FEET; THENCE NORTH 15 050'10" WEST 20.00 FEET; THENCE '
SOUTH 74 006'58" WEST 69.11 FEET TO THE BEGINNING OF A TANGENT''
"
20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE WESTERLY
AND NORTHWESTERLY ALON(, SAID CURVE THROUGH A CENTRAL ANGLE OF
'
90002'52" A DISTANCE OF 31.43 FEET TO THE INTERSECTION WITH A LINE
PARALLEL WITH AND 20.00 PEE'[.' NORTHEASTERLX, MEASURED AT RIGHT ANG4ES,4
FROM THE SOUTHWESTERLY LINE OF SAID BLOCK 22;, THENCE 'ALONG SAID.....,...
PARALLEL LINE AND ALONG ITS NORTHWESTERLY PROLONGATION, NORTH
15090'10" WEST 130.72 FEET TO TriE INTERSECTION. WITH. THE NORTH-
EASTERLY. PROLONGATION 017 THE AFORPMENTIONED SOUT1113ASTERLY LINE
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OF MONTEREY STREET, AS SAID STREET IS SHOWN ON SAID MAP NO. 7633
THENCE ALONG SAID PROLONGATION SOUTH 74011'07" WEST 20.00 FEET TO
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THE POINT OF BEGINNING:
WCS:cm
W.O. 2123
9 -20 -R4
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T.PiM. 18090
2261
EXHIBIT "B"
LEGAL DESCRIPTION
THOSE PORTIONS.OF*LOTS,ll AND 12 IN BLOCK 22, TOGETHER WITH A
PORTION OF HYGEIA AVENUE, VACATED, ALL BEING IN NORTH LEUCADIA, -77n
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,•ACCORDING TO THE
MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER
AS DESCRIBED IN DEED
RECORDED CORDED OCTOBER 15, 1976 AS FILE/PAGE
NO. - 76-341060 OF OFFICIAL RECORDS..