1985-325266?' When recorded please mail to: 85- 325266
` V Joseph A. Stine
C/O 224 Birmingham Drive RECORDEDIN -
CardifE -By -The -Sea, California 92007 cF � liAL RECORt)
AGO cOUNi7 f,-A.3
Recorded Request of 1985 SEP -5 Ali 10: D5 R M0. Department of Public Wot'k4 AR VERA L. LYLE TLCOUNTY R
PRIVATE ROAD MAINTENANCE A�EMENT 9 MG 1 ,
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
Joseph A. Stine and Margaret one btine
(hereinafter referred to as "Developer ") and the County of 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 Tentative Parcel Map Number 17996
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
WHEREAS, it is the mutual desire of the parties hereto to
establish a method for the maintenance and repair of said private
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, 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 tb permit
all weather access.
THIS SPACE LEFT BLANK INTENTIONALLY
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. If there is a covenant, agreement, or other obligation
imposed as a condition of subdivision approval to make private
road improvements to the private road easement, the obligation
to repair and maintain the private road easement as herein set
forth shall commence when the private road improvements have been
completed and approved by the County.
6. Any extraordinary repair required to- correct damage to
said road easement that results from action taken or contracted
for by parties hereto or their successors in interest shall be
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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.
7. 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 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 per-
forming 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.
8. Should any lot owner fail to pay the pro rata share of
costs and 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 lien 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 upon recordation in the Office of the Recorder of San Diego
County of notice, or claim thereof, 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 rate, and have judgment therefore in such
action.
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. Any person having the right to redeem
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from any such foreclosure sale may do so only upon 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 recordation of said notice or claim of
lien.
9. 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 maintenance. 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.
10. 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 of, repair 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.
11. 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
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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 owners proportionately. The agent shall be responsible
for collecting the assessments and ensuring payment to the County.
12. 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.
13. 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.
14. 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.
15. 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.
16. The terms of this Agreement may be amended in writing
upon majority approval of the lot owners and consent of the
County.
17. 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
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court of competent jurisdiction, the validity, and enforceability
of the remaining provisions shall not be affected thereby.
IN wI-TNESs WHEREOF the parties havef{� ecuted this Agreement
on day of Were Mfign . , i f''"` . /?—/- t
JOSEPH A,-,STINE
COUNTY
"MARGARET JONE 7 By STINE
O DIEGO
"OQ00�
eo ector (Acting), Deprtment
Public Works
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(Individual)
STATE OF CALIFORNIA
1SS.
COUNTY OF SAM
On this day of in the year
before me, the undersigned, N�
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a Notary Public in and for said State, personally appearedT0SW_ A, ,,,1WE i
(personally known to me) (proved to me on the basis of satisfactory
evidence} to be the person
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whose name 5; subscribed to this instrument
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and acknowledged that kN tq executed it.
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WITNESS my hand and official seal.
OFFICIAL SEAT.
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4 `a ` PAUL F. GOZZO
NOTARY PUBLIC -CALIFORNIA
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Signature
SAN DIEGO COUNTY
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o My Comm Expires Aug. 24, 1989
(This area for official notarial seal)
i
DPW Form 177 (7/92)
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EXHIBIT A
JL 1731
That portion of the land described in deed to Joe Stine and
Margaret Stine, as community property, by deed dated July
9, 1970 and recorded as F/P No. 120415 of Official Records
of the County of San Diego, State of California,
TOGETHER WITH that portion of the land described in deed to
Joseph A. Stine and Margaret Jone Stine, husband and wife,
as community property, by deed dated October 10, 1983 and
recorded as F/P 83- 363784 of Official records of said
county of San Diego, described as follows:
That portion lying Southeasterly of a line which
is 20.00 feet Northwesterly of and parallel with
the South line of the hereinbefore described
land,
TOGETHER WITH the Easterly prolongation thereof
to the Easterly line of Lot 15 of Ridgeway
Heights, in the County of San Diego; State of
California, according to Map thereof No. 2163,
filed. in the office of the County Recorder of
said County, July 3, 1929, and shown on The
Record of Survey of said Ridgeway Heights, filed
for the purpose of correcting errors in the
original Map, being Record of Survey Map No.
1193, filed in the Office of the County Recorder
of said County, September 20,.1945.
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EXHIBIT B
All that portion of the land described in deed to Joe Stine
and Margaret Stine, as community property, by deed
dated July 9, 1970 and recorded as F/P No. 120415 of
Official Records of the County of San Diego, State of
California,
TOGETHER WITH all that portion of the land described in
deed to Joseph A. Stine and Margaret Jone Stine, husband
and wife, as community property, by deed dated
October 10, 1983 and recorded as F/P 83- 363784 of Official
Records of said County of San Diego.
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