Private Forced Sewer Lateral Maintnenace Agreement 1998-0749166
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, DOC .1998-0749166
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" NOV 18. 1998 8:08 AM
RECORD~NGREQUESTED BY: )
) OFFICIAL RECORDS
CITY OF POWAY ) SAN DIEGO COUNTY Ii'ECllRDER'S OFFICE
) GREGORY J. SMITH, COUNTY RECORDER
AND WHEN RECORDED MAIL TO: ) FEES: 19.00
)
CITY CLERK ) 1/1111111I ~'II~ i 11I111111I
CITY OF POWAY )
P.O. Box 789 )
poway, CA 92074 )
) 1998-0749166
) (This space for'Recorder's usel
~ PRIVATE FORCED SEWER LATERAL MAINTENANCE AGREEMENT
"~ Th~ 'purpose of this Agreement is to provide a private'Forced ,sewer Lateral
within the City of poway and maintenance of same. This Agreement is executed
by the parties herein as a condition of approval by the City of Poway, to a
development project as defined in Section 21065 of the Public Resources Code
and will run with the land in perpetuity as a covenant upon the property
described herein. The standara for improvement a~d maintenance will be that
standard set forth by the poway City Council. If no standard is specifically
set forth by said Council as a condition of approval of the project, said .
standard will be those s,ubsequentlYpet forth by resolution or as set forth
by the regulatory ordinances of the City of poway. The .construction
described herein shall be accomplished prior to final approval of the project
herein by the City of Poway.
WHEREFORE , the undersigned agree as follows:
l. PARTIES AND PROPERTY. The parties hereto are the property own~rs
who have executed this Agreement and their heirs, executors, administrators,
assigns, and successors in interest, upon all. of whom this Agreement shall be -
binding. The City o'f pmvay shall not be deemed a party hereto, but shall be
deemed a beneficiary. The legal description of the parcel upon which the
Pr,ivate Forced Sewer Lateral is, located is set forth in Exhibit "A," attached
hereto and incorporated herein.
2. INDEMNIFICATION AND HOLD HARMLESS. The above described structure
shall be ~nstalled and maintained in accordance with City of poway standards
at the li;ole co~t, risk and responsibility of Owner and successor in interest,
who shall indemnify and hold the ,City harmless from any claim, damage, loss
or Ifabil'ity' :arising from the construction, operation or maintenance of the
sewer lateral.
3. PUBLIC RIGHT OF WAY . Wha.tever rights and obligations were acquired
by the City with respect to the public '-right of way shall remain and continue
in full force and eff!3ct and shall in no "fay be affected by the City's grant
of permission to construct and maintain the. encroachment' structure.
4. BINDING EFFECT. This Agreement is made for the direct ,benefit of
and burdens Owner"s land as s(3t forth in Exhibit "B," and the covenants ,and
conditions herein contained shall .run with said land and 'shall be binding on
the assigns and successo(s of Owner.
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5. RECORDING OF AGREEMENT. It is, the purpose of the signators h(3reto
that this Agreement be recorded to the end anqintent that the obligation
hereby created shall be a restriction upon, and, ,shail 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
shail 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 Ciny liability or
responsibility for any accident, loss or damages to pr9perty or death of
persons happening or occurring as 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 ahy time thereafter unti~ the completion of
the work, prescribe 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 WHEREOB, the parties hereto have executed this Agreement on
the dates set forth hereinafter:
Tax Assessor's Number 273-820-17 Date Q-3-'7R
OWNER PAUL L. LeCOMTE, as CO-TRUSTEES -(?~dt~
Type or Print :&~. ~
DONNA J. LeCOMTE. as CO-TRUSTEES
Type or Print Signature ~~
(No,tary Acknowledgment attached)
ACCEPTED:
CITY OF poway .
..
By
ApPr ~~ -
City Atto' e .'
, CALIFORNIA ALL-I-'UHI-'U::'t:. ~\,;t\.NUVVLt:.U"'MJ::.'" I
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State of
Co,"",' S~. D; '" " Q ~
On Sy:>hvn~pr-3/1!fi beforeme'~~;"t\''-''P''~~:'~'J~!~ ~,b(,\<:-,
perscinaJly appeared ?... u \ L, Le ~rn to(' a ",d ~() n Cl J, l.p ( nm -I--~
Name(s) 01 SOgnot(s)
O'personally known to me,- OR -)(l'proved to me on the basis of satisfac,toryevidence,to be the person(s)
whose name(s) ~subscribed,tothe within instrument
, and acknowledg , 0 me, that ~xecuted the
same in , , eiruth6rizedeaj:lacityQes), and that by
___ ;;'\ ~ e-r ignature(s) on the instrument the perSon(s).
Dee Dee A. Ponce,' ' or the entity upo[},behalf of which the person(s) acted,
Comm.lil077963 executed the Instrument
NOTARY P\Jeuc' CAl.IFORN1A()
Co=~EGO~f:999 .. WITNESS my hand'and official seal.
'~Mu A_V~
SolQrull.Jnt ct NcUry Public
OPTIONAL
Though the information below is notrequireei'by ,IiJ.w,,it ~y prove valuable to persons..re/yfng on tf1e document and could prevent
fraudulenUefTKJvaland reattachment.of thi~"orm to another document
Descrjption of: Attached Document
Title or Type of Document::::?,.-~ VQ-\'" -=l-nr(ed ~U,)er Lu kro \ dJ~h,rd t'nc,n{(J ~ D (f-t'm-pj'
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DocumentDate: ~-t-- ~I ,q q f, NUmber of Pages: O~
Signer(s) Other Than Named Above: (\~ of ?oUJQ.t \ "- r-cl C; -I-~or t1 e-l J
Capacity(ies) Claimed by Signer(s)
Signer's Name:7 Q. u \ L, ~C()f"r\+e Signer's Name: ~ '" ~ a :1. Le~rYl ~ e-
O Individual o lndividu~1
o Corporate Officer o C:Jrporate Officer
Tille(s): Tille(s):
o Partner ~ 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney-in. Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conser:vator o Guardian or ConserVator -, ,,1:\'-(1
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o Other: 0' Other- Top ot lhumb here
Signer Is Representing: Signer Is Representing:'
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LEGAL DESCRIPTION FOR PRIVATE FORCED SEWER LATERAL EASEMENT
EXHIBIT "An
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A 20,00 FOOT EASEMENT OVER THAT PORTlo.N OF EDINA WAY AS SHOWN ON
MAP NO. 8847 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED IN THE OFFICE OF RECORDER ,OF THE COUNTY OF
SAN DIEGO ON MAY 3, 1978 AS FILE NO, 78'179029, THE CENTERLINE OF 20,00
FOOT EASEMENT BEING DESCRIBED AS FOLLOWS:
COMMENCJNG AT THE NORTHWEST CORNER OF SAID MAP NO. 8847, THENCE
SOUTHERLY ALONG THE WESTERLY L1NE.OF SAID MAP SOUTH 1015' 49" WEST
169,47 FEET TO THE TRUE POINT OF BEGINNING, THENCE ALONG A LINE 5,00
FEET NORTHERLY AND PARALLEL WITH THE CENTERLINE OF EDINA WAY PER
SAID MAP NO. 8847 SOUTH 880 44' 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" AlTACHED HERETO AND BY THIS
REF ~DE ' ' EREOF.
BRUCE H. ~AC LANE
RCE 28062, XPIRES 3-31-2002
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