Private Forced Sewer Lateral Maintenance Agreement 1999-0574277r>
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PRIVATE, FORCED SEWER LATERAL,MAlNTrWo,j"i; IIGPI=1:MENT
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RECORDiNG REQUESTED BY'
CITYOF POWAY
AND WHEN RECORDED MAIL TO'
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY, CA 92074
2771
DOC,. 1999-'=0574277
AUG 19, 1999 9:11 AM
. OFFICIAL RECORDS
SAN DIEGO COUNTY ~'ECORDER'SomCE
GREGORY J. SMITH, COUNTY RECORDER
. FEES: 19.00
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THE PURPOSE OF THIS AGREEMENT IS TO PROVIDE A'PRIVATE FORCED SEWER LATERAL WITHIN
T,HE CITY OF POWAY AND 'MAI,NTENANCE 9F .SAME, THIS AGREEMENT IS EXECUTED 'BY THE
~ARTIES' HEREIN AS!,- CONDITION OF APPRO\lAL BY THE, CITY OF POWAY, TO A DEVELOPMENT
PROJECT AS DEFINED IN SECTION 21065 OF THE PUBLIC RESOURCES CODE AND WILL Rl:JN WITH
THE LAND If'.! PERPE1;U1TY AS /f., COVENANT UPON THE PROPERTY DESCRIBED HEREIN. THE
STANDARD FOR IMPROVEMENT AND MAINTENANCE WICCBETRAT STANDARD SET FORTH'SY THE
POWAY CITY COUNCIL. IF NO STANDARD IS SPECIFICALLY SET FORTH.. BY SAID COUNCIL AS A
CO~DITION OF APPROVAL OF TH.EPROJECT,SAID St~NpARD WILL BE THOSE SUBSEQUENTLY
SET FORTH BY RESOLUTION OR 'AS SET FORTR BY THE,REGULATORY ORDINANCES OF THE CITY
OF POWAY THE CONSTRUCTION DESCRIBED HEREIN SHALL BE ACCOMPLISHED PRIOR TO FINAL
APPROVAL OF THE PROJECT HER'EIN BY THE CITY OF POWAY
WHEREFORE, THE UNDERSIGNED AGREEAS FOLLOWS:
1 PARTiES AND PROPERTY. THE PARTIES HERETO ARE THE PROPERTY OWNERS WHO
I;iAVE EXECUTED THIS AGREEMENT AND TREIRHEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS,
AND SUCCESSORS IN IN~TERES1;, UPON ALL OF \iVHOM THis AGREEMENT SHALL BE BINDING, THE
CITY OF POWAY SHALL NOT BE, DEEMED A PARTY HERETO, BUT SHALL BE DEEMED A
BENEFICIARY THE LEGAL DESCRIPTION OF THE PARCEL UPON WHICH THE PRIVATE FORCED
SEWEq LATERAl.:S ARE LOCATED IS SET FORTH IN EXHIBIT "A," ATTACHED HERETO AND
INCORPORATED ,HEREIN,
2. INDEMNIFICATI0N AND HOLD HARMLESS. THE ABOV~ DESCRIBED STRUCTURE 'SHALL
BE INSTALLED AND MAINTAINED IN ACCORDAN,CE WITI;i CITY OF POWAY STANDARDS AT TI;iE
SOLE COST, RiSK AND RESPONSIBILITY OF OWNER AND SUCCESSOR IN INTEREST, WHO SHALL
INDEMNIFY AND HOLD THE CITY' HARMLESS FROM ANY CLAIM, DAMAGE, LOSS OR LIABILITY
ARISING FROM THE CONSTRUCTION, OPERATION OR MAINTENANCE OFTHE SEWER LATERALS,
3. PUBLIC RIGHT OF WAY. WHATEVER RIGHTS AND OBLIGATIONS WERE ACQUIRED BY
THE CITY WITI;i RESPECT TO THE PUBLIC RIGHT OF WAY SHALL REMAIN AND. CONTINUE IN FU'LL
FORCE AND EFFECT AND SHALL IN NOWNi' BE AFFECTED BY THE CITY'S GRANT OF PERMISSION
TO CONSTRUCT AND MAINTAIN THE ENCROACHMENT STRUCTURE.
4 BiNDING EFFECT. THIS AGREEiVlENT IS MADE ,FOR THE DIRE,CT BENEFIT OF AND
BURDENS OWNER'S' LAND AS SET FORTH IN EXHIBIT "B," AND THE COVENANTS AND CONDITIONS
HEREIN CQNTAINED S'~IALL RUN WITH SAiD LAND AND SHALL BE BINDING ON'TI;iE ASSiGNS,ANb
5UCCESSORS OFOvVl,ji.:R.
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5. RECORDING OF AGREEMENT, IT IS THE PURPOSE OF THE SIGNATORS HERi::TO THAT
THIS .AGREEMENT BE RECORDED TO THE END AND INTENT THAT THE OBLIGATION HEREBY
CREATED SHALL BE A RESTRICTION UPON AND SHALL BE SECURED BY THE SAID PROPERTY AS
SET FORTH IN EXHIBIT "B," AND ANY SUBSEQUENT TRANSFEREE THEREOF, BY ACCEPTANCE OF
DELIVERY OF A DEED AND/OR CONVEYANCE'OF THE SAID PROPERTY SHALL BE DEEMED TO HAVE
CONSENTED TO AND BECOME BOUND BY THESE PRESENTS, INCLUDING WITHOUT LIMITATION,
THE RIGHT OF THE CITY OF POWAY AND ANY PERSON ENTITLED TO ENFORCE THE TERMS OF
THIS AGREEMENT TO ENFORCE THE RESTRICTIONS HEREIN CREATED, SUCH REMEDY TO BE
CUMULATIVE AND IN ADDITION TO ALL OTHER REMEDIES AT LAW OR IN EQUITY
6. CHANGES. THE APPLICANT SHALL SAVE AND HOLD HARMLESS THE CITY OF POWAY
AND ANY OFFICERS AND EMPLOYEES THEREOF FROM ANY LIABILITY OR RESPONSIBILITY FOR
ANY ACCIDENT, LOSS OR DAMAGES TO PROPERTY OR DEATH OF PERSONS HAPPENING OR
OCCURRING::,A.S THE PROXIMATE RESULT OF ANY PLACEMENT CHANGE OR'RENEWAL OF AN
ENCROACHMENT UNDER THE TERMS OF THIS APPLICATION AND THE PERMIT OR PERMITS
GRANTED
7 ADDITIONAL CONDITIONS, THE CITY ENGINEER MAY, EITHER AT THE TIME OF THE
ISSUANCE.OF THE PERMIT OR AT ANY TIME'THEREAFTER UNTIL THE COMPLETION OF THE WORK,
PRESCRIBED SUCH ADDITIONAL CONDITIONS AS HE MAY DEEM NECESSARY FOR THE
PROTECTION OF THE HIGHWAY OR FOR THE PREVENTION OF UNDUE INTERFERENCE WITH
TRAFFIC OR TO ASSURE THE SAFETY OF PERSONS.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE
DATES SET FORTH HEREINAFTER:
TAX ASSESSOR'S NUMBERS
273.820-53 AN D 54
DATE
qct
OWNER
STANISLAW RA TYCZ AND
PRINT OR TYPE
MARGARETZAJDEL AS HUSBAND AND WIFE
PRINT OR TYPE
(NOTARY ACKNOWLEDGMENT ATTACHED)
ACCEPTED'
CITY OF POWAY
BY
r :.. " . - OFFICIAL SEAL 1
"' ..' "':'.... ZUZZETTE NIETO
: NOTARY PUBLlC,CALlFORNI"8
. COMM, NO, 1112603 '
SAN DIEGO COUNTY -
MY COMM, E,XP, SEPT, 29, 200J
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ALL PURPOSE ACKNOWLEDGEMENT
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trument the person(s) or the entity upon- behalf of which the
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person(s) acted, e vted t~e instrument,
r~, :',.,: '. OFFICIAL SEAL 1
_.' . ". ZUZZETTE NIETO
'.,,; : NOTARY PUBLlC'CALlFORNI~
. ~ COMM, NO, 1112603 .
SAN DIEGO COUNTY
MY COMM, EXP SEPT, 29, 200J
WITNESS my hand and official seal.
(TMs sr88 for official notarial S881)
-4/94
Rel;.Form'Rll
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LEGAL DESCRIPTION FOR PRIVATE FORCED SEWER LATERAL EASEMENT
EXHIBIT "A"
A 20.00 FOOT EASEMENT OVER THAT PORTION OF EDINA WAY AS SHOWN ON MAP NO
8847 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 23,1978 AS FILE
NO 78.179029, THE CENTERLINE OF SAID 20 00 FOOT EASEMENT BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID MAP NO 8847, THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF SAID MAP, SOUTH 1"15'49" WEST 189.47
FEET TO THE TRUE POINT OF BEGINNING, THENCE ALONe; A LINE 5.00 FEET
NORTHERLY AND PARALLEL WITH THE CENTERLINE OF EDINA WAY PER SAID MAP NO
8847, SOUTH 88044'11" EAST 110.00 FEET TO THE EASTERLY TERMINUS OF SAID
EASEMENT THE WESTERLY END OF SAID EASEMENT TERMINATES IN THE WEST LINE
OF SAID MAP NO 8847 AS MORE PARTiCULARLY SHOWN ON EXHIBIT "B" ATTACHED
HERETO AND BY THIS REFERENCEfI.1ADE A PART HEREOF
RAMON J SPEAR
LS 6404, EXPIRES 12-31-02
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2775
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EXHIBIT liB"
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