Private Sewer Construction & Maintenance Agreement 1998-0065566die!
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FIRST SOUTHWESTERN TITLE '
COMPANY OF CALIFORNIA
RECORDING REQUESTED BY:
James M. Murray, _Jr.
AND WHEN RECORDED MAIL TO:
James M. Murray, Jr.
16497 Old Espola Road
Poway, CA 92064
872
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DOC # 1998 - 0065566
FED 09, 1998 12 :22 PM
OFFICIAL RECORDS
SAN DIEGO MM RECORDER'S OFFICE
GWY J. SMITH, COUNTY RECORDER
FEES: 40.00
SPACE AW
PRIVATE SEWER CONSTRUCTION & MAINTENANCE AGREEMENT
(OFFSITE AND ONSITE PRIVATE EASEMENTS)
The purpose of this agreement is to provide sewer service to various parcels within
the City of Poway. in the Old Espola Road area and provide maintenance of the
common private sewer facilities. The Agreement is executed by the parties herein as
a condition of approval by the City of Poway, to a development project as defined in
Title 15 of the Poway Municipal Code and will run with the land in perpetuity as a
covenant upon the property described herein. The standard for improvement will be
that set forth by the parties herein. The construction described herein shall be
accomplished prior to final approval of the project herein by the City of Poway.
WHERETOFORE, the undersigned agree as follows:
1. PARTIES AND PROPERTY The parties hereto are those property owners
who have executed this Agreementand their heirs, executors, administrators, assigns,
and successors in interest, upon all of whom this Agreement shall be binding. The
City of Poway shall not be deemed a party hereto, but shall be deemed a beneficiary.
The realty held by each party is identified by tax parcel number adjacent to the
signature of said party. The legal descriptions of the parcels upon which the project
is located are set forth in Exhibit "A" attached hereto and incorporated herein. The
status of property for all purposes (i.e., improved, etc. ) shall be determined as of the
first Monday in March of each year.
2. SEWER. The location of the sewer system shall be within the sole
discretion of the City of Poway as a condition of approval. The description of the
sewer which is the subject of the Agreement is attached hereto as Exhibit "B" and
made apart hereof.
3. CONSTRUCTION AND ROUTINE MAINTENANCE The cost of construction,
capital improvements and /or routine maintenance resulting from ordinary wear and
tear shall be borne by the parties in accordance with the following formula:
A. All parties shall share equally in all costs of construction and maintenance
of sewer system including pump station, appurtenances, and that portion of the
common sewer connection from the pump station to station 10 + 95.29 as
873
identified on Sheet 3 of City of Poway Department of Engineering Services
Drawing No. 801 -02 -211.
B. All costs of construction and maintenance of the common sewer line
running from Station 10 + 95.29 to Station 11 + 03.19, as identified on
Sheet 3 of City of Poway Department of Engineering Services Drawing No.
801 -02 -211 shall be shared by the owners of Parcel 1 and Parcel 2.
C. Each homeowner shall individually bear the cost of construction and
maintenance of the remaining individual sewer lines serving their property
exclusively.
4. EXTRAORDINARY DAMAGE It shall be the obligation of each party hereto
to make and pay for all repairs to the sewer system when the same have been
damaged by the extraordinary use of such party or his agents or employees.
5. INITIATION AND MANAGEMENT OF REPAIRS
A. Any systems for achievement of repairs and payment of costs
which, in the year in question, is agreeable to the majority of
parties shall be the system utilized.
6. ADMINISTRAT ON OF COSTS The property owners initiating repairs of
capital improvements shall be in charge of making the payments required for the work
of improvement. It shall be incumbent upon all property owners to contribute to the
general fund to be used for maintenance or capital improvement. After the actual
expenditures of funds by any owner or group of owners such parties shall be entitled
to assess all other parties to this Agreement in accordance with the formula set forth
above. Said assessment notice shall clearly specify the expenditures, the purpose for
same, and the method of calculation. Upon receipt of any such notice of assessment,
the assessed property owner shall have ten days in which to dispute the assessment.
Failure to resolve the dispute shall be remedied by arbitration as set forth hereunder.
Omission by any assessed property owner to give notice in writing within the ten days
of his dispute of the assessment shall conclusively be deemed his consent to same.
When any assessment shall have become final, it shall be due within 20 days of that
date. It shall be an obligation collectible by law through legal process.
7. ARBITRATION. Any dispute among any of the parties to this Agreement
respecting the interpretation of the Agreement or the application of any of its terms
or the action taken by any party in accordance therewith, shall be settled by
arbitration pursuant to the Civil Code.
8. COVENANT RUNNING WITH LAND This Agreement shall be deemed and
is intended to run with the land and be a restriction upon such property, shall be
binding upon and inure to the benefit of the undersigned, his / her / their heirs,
personal representatives, successors and assigns, forever or until such time as the
said private sewer system shall be dedicated to and accepted for use as a public
sewer system by municipal government lawfully exercising jurisdiction over said
private sewer system.
9. RECORDING OF AGREEMENT It is the purpose of the signatories hereto
that this instrument 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 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 entitled to
enforce the terms of this Agreement to enforce the restriction therein created, such
remedy to be cumulative and in addition to all remedies at law or in equity.
10. SUBSEQUENT USERS. In the event that a party (parcel) not originally
contemplated by this Agreement gains access to said private sewer system, that party
(parcel) shall be required to subscribe to this Agreement. That party (parcel) shall
reimburse each of the original parties to this Agreement a proportionate amount of the
original cost of said private sewer project plus interest at 4% per annum from the date
this document is recorded to the date funds are received by those original parties.
Should any parcel contemplated by this Agreement split into multiple parcels (two or
• more) each newly created parcel shall thereupon be obliged under this Agreement and
incur its portion of maintenance costs as set forth herein.
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the
dates set forth. hereinafter:
+ rr*+ tr* raa* rr: rrt:*+ arrrrr* rrrarrrs *errrrra *sarrrrs�laarsr *r+rt
r Assessor's Parcel No. 273 - 820-10 Date ,f d /
, OWNERS: David J. Carty_
Karen L. Carey
(Notary Acknowledgement attached) (Each owner shown on Grant Deed must sign)
rrrrrrrrrrrrr rr:r rrrrrrrrrrrrr •rrrrrrrrrrrrr►ar *rrrrrrrrrrrrr
Assessor's Parcel No. 273 -820 -11
OWNERS: James M. Murray Jot.
Eileen M. Murray
875
(Notary Acknowledgement attsched)' (Each owner shown on Grant Deed must sign)
Assessor's Parcel No. 273 - 820 -12
OWNERS: Martin Mc Nabb
Susan L. Mc Nabb
(Notary Acknowledgement attached) (Each owner shown on Grant Deed must sign)
ACCEPTED:
CITY OF POWAY
BY��3 -� c�� CSccr�e62 Date
SiQ G"r G +w+GC,(�l C.vTy arib�.aAy - '
Approved a,5- to form:
`+ Date /SA�
City Attorney
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) SS.
On J u d P ! 19 93 before me, AVV,21,v q
.SP cFA/? M 44AI personally
�nne�re�,l 1 .A. -- —� M,* -- - _ - .. . _
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her/ their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
�,I i
OFFICIAL SEAL
Andrina Spearman
m NOTR PUSW CAUFORKt
SRN MEGOOOUNTY
V/ Ga 'Exgraft29.1
(This area for offioial notarial seal)
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) SS.
On '19 before me,
877
,personally
appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /shelthey executed the same in his/her/ their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
.. ................................-............ s........ u.... ...............................
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) SS.
On Tune d—S '19,73 before me, VeYonica Ctl. Tohrksoh
/Vo RtbliG personally
personally known to me to be
the person(s) whose name(s) 4&/are subscribed to the within instrument and
acknowledged to me that4@AsWthey executed the same in hislheO their authorized
capacity(ies), and that by hi~their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature rw
VOKOM,
a..
(This area for official notarial seal)
State of California
County of San Diego
HE
On �Gti 1QT9,5before me, Rebecca McMillen Notary Pi_ _tbli_ . personally
appeared (or proved to me on the basis
of satisfactory evidence) to bet personks} whose name(Ws /are-subscribed to the within
instrument and acknowledged to me that he/ he/they executed the same in hisAefAhelic-
authorized capacity(iesT and that by hisAer/thelF signature(s}-on the instrument the
person(s}; or the entity upon behalf of which the persons} acted, executed the instrument.
WITNESS my hand and official seal.
Signature / / t�D4 (,deal)
State of California
County of San Diego
OFFICIALNOTgpYS
REBECCA MC MILLEN
SAN DIEGO COUC ryry
MY Comm. ExGNea JUL 01,1994
On W 09-3 before me, Rebecca M Mill n Notary Public personally
appear a (or proved to me on the basis
of satisfactory evidence) to be the person( whose nama(gis /ere- subscribed to the within
instrument and acknowledged to me that 4e/sheAhey-executed the same in- Wher /t4e4r
authorized capacltygaes and that by Nsiherftek- signatures} on the instrument the
person(. - orthe entity upon behalf of which the person4s-}acted, executed the instrument.
WITNESS my hand and official seal.
Signature C •eal)
OFFICIAL NOTARY SEAL
REBECCA, MC MILLEN
Notary FuWf ,— California
SAN DIEGO COUNTY
W Comm. Expkea JUL 01,1994
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ' V
State of --42<K llci9"14 l
County of�1 x2570 !(j
OnAf!A tyrlbefore me, JAn�c�LEArclEi25, /(�gRY PuBGCC
DATE NAME, TITLE OF OFFICER • E a..' E DOE, NOTARY PUBLIC'
personally appeared E /LEC -�v �tj .U�pq y
NAME(Sj OF $IGNER(S)
erse�rtaNy kr�eww ieiRe= OR - j�proved to me on the basis of satisfactory evidence
/ to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she/they executed
'�`'� the same in his /her /their authorized
�AMES1EnTHERS [ capacity(ies), and that by his /her /their
COnnN1. s 78vgDO z signature(s) on the instrument the person(s),
�° —c�+o or the entit u on b h If f h' h h
879
No. 5193
OPTIONAL SECTION
CAPACITY CLAIMED SY SIGNER
Though stakile tices not require the Notary, lo
till in the data below, doing so may prove
hInvaluaile to persons retying on the document
INDIVIDUAL
❑ CORPORATE OFFICERS)
nTLEM
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
smDE60CWNN y p e a o w Ic t o
Mycomm. bWrea/MR4. 1947 person(s) acted, executed the instrument.
SIGNER IS REPRESENTING
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
R could prevent fraudulent reanachmem of gds form.
WITNESS my hand and official seal. NAME OF PERSONS) OR ENTITY(IES)
OF NOTARY Q�
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT_�G7fYq =Sc✓I? f,�'/(�,a9EiJY�
NUMBER OF PAGES 2 — DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE /17UQQ4y 1PIC A1.4 m
019113 NATIONAL NOTARY ASSOCIATION • 8236 Rammet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184
Loo i I'
W- (Rl ii iT_�y
All that portion of Lot 1, In Section 26, Township 13 South, Range 2 West, San
Bernardino Meridian, according to Official Plat thereof described as follows:
Beginning at a point In the Westerly line of said Lot 1, distant along said Westerly line
South 13016121 " West 672.25 feet from the Northwest corner of said Lot, being the
Northwest comer of a Parcel of land described In Deed to Bernard D. Fink, et al.,
recorded April 15, 1968 as Document No. 62093 of Official Records; thence South
88 145'59" East along the North line thereof 167.64 feet to the TRUE POINT OF
BEGINNING; thence continuing South 88 045159" East 100.00 feet; thence South
08 002139" West 279.81 feet to an angle point in the Southerly line of said Parcel 1;
thence North 89032'55" West along said line 106.00 feet to a tine which bears South
09 °13'02" West from the TRUE POINT OF BEGINNING; thence North 09 013'02"
East 282.02 feet to the TRUE POINT OF BEGINNING.
APIV a 7 3 -P..o _ //
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' All that portion of Lot 1, in Section 26, Township 13 South, Range 2 West, San
Bernardino Meridian, according to Official Plat thereof described as follows:
Beginning at a point in the Westerly line of said Lot 1, distant along said Westerly line
South 13016'21 " West 672.26 feet from the Northwest corner of said Lot, being the
Northwest corner of a Parcel of land described in Deed to Bernard D. Fink, et al.,
recorded April 15, 1968 as Document No. 62093 of Official Records; thence South
88 045'59" East along the North line thereof 167.64 feet to the TRUE POINT OF
BEGINNING; thence continuing South 88 045'59" East 100.00 feet; thence South
09 013'04" West 282.02 feet to the Southerly line of said Parcel; thence along said
Southerly line North 89 °32'55" West 106.00 feet to a line which bears South
10 022'22" West from the True Point of Beginning; thence North 10 022'22" East
284.34 feet to the TRUE POINT OF BEGINNING.
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All that portion of Lot 1, Section 26, Township 13 South, Range 2 West, San Bernardino Meridian,
according to the Official Plat thereof described as follows;
Beginning at a point in the Westerly Rue of said Lot 1, distant along said Westerly line South
23°16"21" West 67226 feet from the Northwest corner of said Lot, being the Northwest corner of a
Parcel of land described in Deed to Bernard D. Pint; et al, recorded April 15, 1968, as Document No.
62093 of Official Records; thence South 88 °45159" Fast along the North line thereof 367.64 feet to
the True Point ofBeguuting; thence along the boundary of said Parcel described in said Deed South
88 045159" Bast 100 feet to the Northeast comer thereof. thence South I °14' West 234.69 feet to the
Southeast corner and South 73 016153" West 140 feel to an angle point in the Southerly line thereof,
thence North 8002'39" Fag 279-8120 to the True Point of Begittnittg.
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