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HomeMy WebLinkAboutMS 728; Donaldson, John R.; 87-525203; Maintenance AgreementRwp!-ding Requested by and F-urn To: * City-Clerk * L200 Elm Avenue Carlsbad, CA 92008 RF e fiEE ijsoRANC~ ~~j@i@ti tii\fORNlA 'B AR 3 MG // PM7 7 ROAD MAINTENANcE’AGREEMENT 87 525203 ! VfiTi?iI I.. I..‘:'[ i- CARLSBAD MINOR SUBDIVISION No. 728 C@r;ij y !':;r:;i:;gY'i, 1 . . ---- " ..~.. _..._, THIS AGREEMENT entered into by and between the City of Carlsbad, a municipal corporation hereinafter referred to as the “City”, and John R. Donaldson, Paul D. Donaldson and Robert Rosengreen Donaldson hereinafter referred to,as “Owner”, of Carlsbad Minor Subdivision No. 728 being Parcel Map No. 14663 in the City of Carlsbad, as filed in the Office of the County Recorder of San Diego County in the State of California. and WHEREAS, Parcel 4 has been created as described in the certificate 3;f&lJ-26 G of correction to Parcel Map No. 14663 per Document No. Recorded qllk as an access and utility easement to provide ingress and egress to the parcels created by said Parcel Map No. 1466'3'. WHEREAS, the City requires that a maintenance agreement be established and be appurtenant to said parcels 1, 2, and 3, requiring participation by the present or future owners in the maintenance, repair and/or restor- * ation of said easement; THEREFORE, the owners of said land hereby agree that said mainten- ante agreement attached as EXHIBIT “A” consisting of two pages shall be part of and appurtenant to said Parcels 1, 2, and 3 and declares that agreement shall be a covenant with the land and shall be binding upon all future owners and successors in interest to said parcels. Owner \ I further agrees that the City of Carlsbad shall not be a party to said maintenance agreement and’said City shall be indemnified and held harm- less from any liability pretaining to said maintenances or use. Any liability arising out of repairs or maintenance shall be borne.by the owners of said parcels. . . a . . J 21-S - EXHIBIT “A” WHEREAS, the present and future owners of Parcels 1, 2, and 3, of Parcel Map No. 14663, in the City of Carlsbad, County of San Diego, State of California, have common use of the access and utility easement shown on said P’arcel Map. It is hereby covenanted that the future owners or successors in interest of said parcels shall be required to mutually maintain, repair and/or restore said easement and that the cost of said main- tenance shal.l be borne equally by said parcels. It is further covenanted that any future owner or any successor in interest shall have the power to give notice and demand in writing to any and all owners having common use of said easement, requiring participation in effecting maintenance, repa i r and/or restoration of said easement. Said notice shall be deemed effective on the date of mailing effected by depositing in the mail in any United States mailbox or in any United States Post Office, addressed to the owners of said parcels described above. If within forty-five days after the above mentioned mailing of notice and demand, the parties so addressed have refused to agree to participate in maintenance, repair and/or restoration of the right of way required by the conditions thereof, the parties hereto and their successors in interest hereby authorize the filing of a law suit in a court of competent jurisdiction by the party, or parties, ready, willing and able to perform in participating in effecting the above mentioned maintenance, repair and/or restoration of the right-of-way, against those parties refusing so to participate. It is understood and agreed that said parties refusing to participate shall, in addition to being liable for their portion of the necessary maintenance, repair and/or restoration expenses, will be liable for any and all costs of suit and reasonable attorneys fees incurred by the party or parties initiating the suit necessitated under this agreement. All parties to this agreement agree that the right-of-way described herein will be maintained in a good, passable condition inches under all traffic and weather cond itions with a minimum of two . of asphalt concrete paving. -l- ., l . J z-107 This agreement is to run with the land and be appurtenant thereto and shall be binding upon the owner’s of said parcels, their heirs and assigns, and all successors in interest thereto in relation to the premises described hereinabove. Owners of said parcels are to be solely responsible for said maintenance and the City of Carlsbad shall be indemnified and held harmless from any liability arising out of the use of or maintenance . of said private easement. Individual AcKnowledgment S-TATE OF CALIFORNIA COUNTY OF ss. On this s?s!iia-wt ; in the year 194, before me, the undersigned, a Notary Public in and for said County and State, personally appeared John R- Donaldson and Paul D. ~~l&on personally known to me (or proved to me on the basis of satisfactory evidence) to be the person- ’ whose name s are subscribed to this instrument and acknowledged that th-ey executed it. Notary Public in and for said County and State 1 **Road Maint. Agm't-- Carlsbad Minor Subdivision No. 728** INDIVIDUAL ACKNOWLEDGEMENT * STATE OF CALIFORNIA San Diego COUNTY OF ) ss. On August Zlst, 1987 before me, the undersigned, a Notary Public in and for said County and State, personally appeared *****Robert Rosengreen Donaldson*** , @W%B%@%&XiKX&3%X.&% proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that ***he*** executed the --- Becky Bradshaw Rodriguez Name (Typed or Printed) Ml21 (2/es) -2-