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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 (ft,) ~ ~rY1 I ~.t1.Q'7 ~ (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 .-/ /~:":.,. . ,,' --,. "..:'~...~...-...... SIMA MEHLBERG CITY OF EN~S By ~~/-/~ I City Manager CSD Sewer Agreement 40f5 ~ (] A/{.,~ DEBORAH CERVONE City Clerk City Attorney (NOTARY ACKNOWLEDGMENTS MUST BE ATTACHED) CSD Sewer Agreement 50f5 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT. . . State of County of ~ . On Piau DM~' ~)~ before me, personally appeared No. 5907 o personally known to me - OR _ /l ~. ( ./6. ,1FL,. d q: 2/;; S;;;f! NAME, TITLE OF OFFICER - E.G., . JANE DOE, NOTARY PUBLIC' . CORNELIA A. EWIOA . Call........' IIlG211 NaDy "- . c... -. .... DIIoo COlIIIy 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 }ss. Da. personally appeared JlI' personally known to me o proved to me on the basis of satisfactory evidence . aAllMA1IG1IW t] _~.. ,#1~ ...., NIIID - ~ 1T ... "1lIIgo~ 1Irc:;a..na.....0I:If,.. to be the personOl) whose name(1) is/_ subscribed to the within instrument and acknowledged to me that he/ahB.1RB) executed 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 o Guardian or Conservator o Other: TOp of thumb here 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) )(f personally known to me 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 }ss. Ol~ - 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) R' personally known to me D proved to me on the basis of satisfactory evidence - .,..... /.~., '~.',- -, 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. . QAIlIMA. ..MIII (' ., .# 144aoI ......,...... ~ - .. "'llIIgDCGunIr _CaIln.....Olltl.. 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 D Other: 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 ~Z1 2 o 2.87 AC. $t::U'~' ,. . OPEN. Sf'jI,CE ESMT. , '.'t ,-.,'-". . -.....- --'-' . .' ...... .... NZ./9'/I"Wr!f) I- I. ,>1, ". - 'L ~:~". :~:~~" > . : :::::'.,'f~',~/~:--~~~~ ".'. ....... ".1,;,,: -, . . . '. ... .~ . 8 o 2.86 AC- . ' ',j'-'.....:-.: ..... ....,. 7 (2) 2.86 AC. J.' t~3.3.j.. 6. o 2.66AC. 9 fl'l5.,8 CD 200M:. . (,,27.~~ ." . . :i:~~~':'" ~ ~ .., ..' .'... ...,.... ... '... .... ...~:. .'. ,.. ... .: . ... /75. ~ WI8" A ~ ~ i;\ "-i ." . ~ ' .50 -: Sf.N. 5.// l.J. 21 @ 2.67AC. . J_ ~/.47 @ 2.86 AC. .' .fo 27 z"I.4~ " No:s7'/I~E z'19.e,o ~ ~ 6 '0 10 II (0 2.86M:.. ~ '" ~ :;; @ SHT. I ~ i. .' 14 @ 2.86AC. 31~Z . n LN. z42." ... 20 @ 2.67AC. . . I- 2/%.10 ..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