2005-538997
. t
~ RECORDING REQUESTED BY
1/ () , When recorded mail to:
t~ CITY CLERK
CITY OF ENCINIT AS
505 S. VULCAN AVENUE
ENCINIT AS, CA 92024
DOC # 2005-0538997
111111111 11111111 11111111111111111111111111111111111111111111111111111
JUN 27, 2005
2:47 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES 38.00
PAGES' 11
1111110111111111111111111111 01111111 111111111111 011111111111 011111
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(SPACE ABOVE FOR RECORDER'S USE)
AGREEMENT BETWEEN THE CITY OF ENCINIT AS AND
ROMAN MEHLBERG AND SIMA MEHLBERG
PROVIDING FOR TRANSPORTATION, TREATMENT,
AND DISPOSAL OF SEWAGE AND FOR THE
COLLECTION OF SEWER SERVICE CHARGES
This Agreement is made and entered into this 23rd day of Februarv. 2005, by and
between ROMAN MEHLBERG AND SIMA MEHLBERG, hereinafter referred to as
"OWNERS", and the City of Encinitas, hereinafter referred to as "CITY".
RECITALS
WHEREAS, OWNERS represented that they are the owners of certain real
property located outside the corporate boundaries of CITY, known as Assessor Parcel
Number 262-190-08-00, shown for convenience on the maps attached as Exhibit "A" and
described in Exhibit "B", hereinafter referred to as "PROPERTY";
WHEREAS, PROPERTY to date has been undeveloped and not serviced by
either septic nor sewer;
WHEREAS, the CITY desires to provide sewer service to PROPERTY subject to
the terms and conditions set forth in this Agreement;
WHEREAS, OWNERS agree that any public sewer connection and service for
the PROPERTY by and through CITY shall be subject to all terms and conditions of this
Agreement and all obligations and restrictions imposed by ordinances, City rules and
regulations pertaining to the same; and
WHEREAS, CITY and OWNERS agree that the obligations and benefits
provided in this Agreement are appurtenant to the PROPERTY and as such shall result in
a covenant running with the Land.
CSD Sewer Agreement
10f5
THE PARTIES HERETO AGREE AS FOLLOWS:
Section I. Legal Description. The legal description of the property is described
in Exhibit "B" attached to and made a part hereof.
Section 2. Limitations on Type and Condition of Sewage. OWNERS shall not
discharge into the sewer system any sewage which does not meet the standards
established by CITY under appropriate ordinances, rules and regulations governing the
discharge of sewage and waste into CITY's system. OWNERS shall comply with any
and all applicable statutes, rules and regulations of agencies of the United States of
America, State of California, County of San Diego and the CITY. In the event
PROPERTY should change ownership, the privilege to receive sewer service shall run
with the land and inure to the benefit of the subsequent owners.
Section 3. Annual Sewer Service Charge. The OWNERS, their executors,
administrators, heirs, assign, successors and transferees shall pay to the CITY an annual
sewer service charge in an amount equivalent to the annual sewer service charge
established from time to time by CITY and any applicable fees and charges required by
the CITY for the precision of sewer services.
Section 4. Charge Adjustments. The CITY shall have the power to increase the
amount of annual sewer service charges from time to time in the same manner as charges
for other property located in CITY. CITY may, at its discretion, collect the charges on
the tax rolls.
Section 5. Citv Obligation. CITY agrees to provide sewer service to
PROPERTY, subject to any and all rules and regulations CITY has established and may
establish relating to the provision of the same.
Section 6. Notices Under Agreement. Notices required under this Agreement
shall be sufficient if in writing and either served personally upon the parties to whom it is
directed or by deposit in the United States mail, postage prepaid, certified, return receipt
requested, and addressed to the following:
A. Director of Engineering Services
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
B. ROMAN MEHLBERG AND SIMA MEHLBERG
3996 Stonebridge Court
Rancho Santa Fe, CA 92091-4590
CSD Sewer Agreement
20f5
Section 7. Integration. This Agreement supercedes any and all other agreements,
whether oral or written, between the parties hereto with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect
to said matter, and each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party,
or anyone acting on behalf of any party, which are not embodied herein. This Agreement
may not be altered, amended or modified except in writing by both Parties hereto.
Section 8. Rights and Remedies Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of
the Parties are cumulative and the exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other Party.
Section 9. Legal Action.. In addition to any other rights or remedies, either Party
may take legal action, in law or in equity, to cure, correct or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
Section 10. Attornev's Fees. If either Party commences an action against the
other Party arising out of or in connection with this Agreement, the prevailing Party shall
be entitled to recover reasonable attorney's fees and costs of suit from the other Party.
Section II. Governing Law. This Agreement shall be construed and interpreted
as to both validity, and performance of the parties, in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of
or in relation to this Agreement shall be instituted in the Superior Court of the County of
San Diego, State of California, or any other appropriate court in such county, and
OWNERS covenant and agree to submit to the personal jurisdiction of such court in the
event of such action.
Section 12. Waiver. The waiver of any provision of this Agreement shall not be
effective unless in writing and signed by a duly authorized representative of the party
against whom enforcement of a waiver is sought. The waiver of any right or remedy in
respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing
waiver.
Section 13. Amendment. This Agreement may be amended only by written
mutual consent of the parties.
CSD Sewer Agreement
30f5
Section 14. Validitv. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any of the other provisions of this
Agreement.
Section 15. Headings. Section and subsection headings are not to be considered
part of this Agreement, are included solely for convenience, and are not intended to
modify or explain or to be a full or accurate description of the content thereof.
Section 16. Counterparts. This Agreement may be executed in one or more
counterparts by the parties hereto. All counterparts shall be construed together and shall
constitute one agreement.
Section 17. Authoritv to Bind. The persons executing this Agreement on behalf
of the Parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said Parties and that by doing so, the Parties hereto are formally bound to the
provisions of this Agreement.
Section 18. Termination. This Agreement may be terminated by the OWNERS
upon disconnection from the CITY's sewer system. CITY shall not terminate this
Agreement without the consent of said OWNERS of PROPERTY so long as OWNERS
are in strict compliance with each and every provision contained in this Agreement.
Section 19. Effective Date. Successional Assigns. This Agreement shall be
binding upon the parties, their heirs, successors and transferees when executed and
recorded.
OWNER&- 'I I
.' By ;l{,-, Ie L. l~Zi tl/.g.."
1......-..--RDMAN.MEHbBERG
By .-/ /~:":.,. .
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SIMA MEHLBERG
CITY OF EN~S
By ~~/-/~
I City Manager
CSD Sewer Agreement
40f5
~
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DEBORAH CERVONE
City Clerk
City Attorney
(NOTARY ACKNOWLEDGMENTS MUST BE ATTACHED)
CSD Sewer Agreement
50f5
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT.
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State of
County of ~ .
On Piau DM~' ~)~ before me,
personally appeared
No. 5907
o personally known to me - OR _
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NAME, TITLE OF OFFICER - E.G., . JANE DOE, NOTARY PUBLIC'
. CORNELIA A. EWIOA
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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 heismr/they executed
the same in hls/her-/their authorized
capacity(ies), and that by his..l.he1'ftheir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s acted, executed the instrument.
d official seal.
SIGNATURE Of NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable tQ persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
TITLE OR TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
o ATTORNEY.IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON{S) OR ENTlTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7;:184
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
County of
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personally appeared
JlI' personally known to me
o proved to me on the basis of satisfactory
evidence
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to be the personOl) whose name(1) is/_
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the same in his/herltheif authorized
capacityu-l, and that by his/AerIlheir
signature~ on the instrument the person(aj, or
the entity upon behalf of which the person.)
acted, executed the instrument.
OPTIONAL
Though the infonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
litle or Type of Document: ~ 0 0 ft'ef\-r-
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - litle(s):
o Partner - 0 Limited 0 General
o Attomey-in-Fact
o Trustee
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Signer Is Representing:
C 1999 NallonaI Notary AssocIation. 9350 De Solo Ave., P.O. Box 2402' Chatsworth, CA 91313-2-<<12' www.nationBlnota!y.org
Prod. No. 5907
ReoI'der:CalIToIl-FI'8ll1-800-876-6827
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of Califomia
County of ~ ()J'~
~~ SUJIe.... J...CtJ5 before me,
persbflallyappeare:te ble.nn SAhi"ne:andTrlIeofOfllcer(e.g.,'JaneDoe,
Name(s)of Signer(s)
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o proved to me on the basis of satisfactory
evidence
. ClAllOIAA.1NOHAM
ConunIIIIo.. # 1446054
NalaIy l"uI* . CaIIomIa
. Ian i*go CounIv
MvComm.....Oct '8, 200
to be the personif) whose name(Al' is/Me'"
subscribed to the within instrument and
acknowledged to me that he/gl,o;o;ll,oy executed
the same in his/l=I.r.~tlu~1 authorized
capacity(jM), and that by his/R",~~8ir
signature4el, on the instrument the person~), or
the entity upon behalf of which the person~
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons felying on the document and could prevent
fraudulent removal and f9Bttachment of this fonn to another document.
Description of Attached Document
Title or Type of Document ~ +-
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
C 19119 National NotaryAssociatioo. 9350 De SotoAve., P.O. Box 2402 . Chatsworth, CA91313-2402 'www.nallonalnotary.org
Prod. No. 5907
Reoroer:CalITolI-Flgel-8Ol).876-6827
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of califo~
County of
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Ol~
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on1/ .JU.lI1L debS before me.
Date ^ L _ L.-t. (l", . Name andT1l1a of Offlc8r (e.g., "Jane Doe
personally appeared ~ a...' \ \...JV'\ ~
Name(s)of Slgner(s)
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evidence
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to be the person(.lll whose name(1Il i61_
subscribed to the within instrument and
acknowledged to me that IoeIshe/lIley executed
the same in f>i6/her/lIleif authorized
capacity~, and that by ~her/tlleif
signature(s) on the instrument the person(~, or
the entity upon behalf of which the person(a')
acted, executed the Instrument.
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OPTIONAL
Though the information below is not required by law; it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
TItle or Type of Document:
Description of Attached Document
~.'l 0 VY\en-r-
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - TItie(s):
D Partner - D limited D General
D Attomey-in-Fact
D Trustee
D Guardian or Conservator
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Signer Is Representing:
C 1999 National NotaryAssoclalion. 9350 De SotoAve., P.O. Box 2402 .Cl'IaIsworth, CA 91313-2402. www.nalionalnolary.org
Prod. No. 5907
Aeorder: Call Toll-Free 1-800-876-6l127
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..MAP J 1055 - co. OF S.
. ,
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
LOT 8 OF COUNTY OF SAN DIEGO TRACT NO. 4254, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11055,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 9, 1984.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER, UNDER,
ALONG AND ACROSS LOT 27 (STONEBRIDGE LANE AND STONEBRIDGE
COURT) OF COUNTY OF SAN DIEGO TRACT NO. 4254, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
I 1055, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, OCTOBER 9, 1984.
PARCELC:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY
PURPOSES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT 3 IN
BLOCK 35 OF RANCHO SANTA FE, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1742, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER
28, 1922, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 3,
WHICH SAID POINT IS DISTANT THEREON SOUTH 02048'00" EAST, 294.82
FEET FROM THE MOST NORTHERLY CORNER THEREOF; THENCE
CONTINUING SOUTH 02048' EAST, 65.00 FEET; THENCE IN A
SOUTHEASTERLY DIRECTION ALONG A STRAIGHT LINE, 256. I 8 FEET, MORE
OR LESS, TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 3,
WHICH SAID POINT IS DISTANT THEREON NORTH 18008'00" EAST, 78.74
FEET FROM THE NORTHERLY TERMINUS OF A CURVE IN SAID EASTERLY
BOUNDARY, CONCAVE TO THE EAST AND HAVING A RADIUS OF 460.00
FEET: THENCE NORTH 18008' EAST, 80.00 FEET: THENCE NORTHWESTERLY
IN A STRAIGHT LINE TO THE POINT OF BEGINNING, AS GRANTED IN THAT
INSTRUMENT RECORDED MARCH II, 1977 AS FILE NO. 77-089486 OF
OFFICIAL RECORDS.
EXHIBIT B