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HomeMy WebLinkAbout; ; 78-076550; Covenant?' - " .. .. .. 305 'i'8-076S50 FILE!PL.SC EO.-- BOOK 1918 RECORDEDAEQUESTOF RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: CITY OF CARLSBAD FEE 27 9 40 '78 1200 Elm Avenue Carlsbad, California 92008 ) SAN OIEG'J COUNTY,CALIF. ...r" _.-.___ CITY CLERK =WRLS& O:;iFICiAL i<E:iiROS HARLEY F.8LOOH Space above this line fo"&er's Use Documentary transfer tax: $ No fee Signature of declarant determining tax- f i rm name City of Carlsbad Parcel No. 167-070-07 Ne' FEE AGREEMENT PARTIES: The parties to this agreement are the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as City, and Charles R. SHAFER and Jacqueline SHAFER, hereinafter jointly referred to as Shafer. RECITALS: This agreement is made with reference to the following facts: 1. Shafer owns certain real property located in the City of Carlsbad, County of San Diego, State of California, comnonly known as 2172 Chestnut Avenue. Said property is not presently connected to a sanitary sewer system, but is sewered by on-site septic tank procedures. 2. There is no sanitary sewer in public right-of-way adjacent to said property. 3. Shafer has obtained a private sewer easement by which he will be able to sewer his property into a sanitary sewer located in Chestnut Avenue. 4. Private sewer easements in the City of Carlsbad must be approved by the City prior to construction. COVENANTS: Now, therefore, it is mutually agreed between the parties hereto as fol 1 ows : 1. City grants to Shafer authority to construct a private sewer lateral con- necting his said property into the sanitary sewer in Chestnut Avenue. 2. Shafer shall pay to City a sewer front line charge in the amount of Five Hundred Eighty Dollars ($580.00) to be deposited in the City Sewer Revolving Fund. 3. In the event a sanitary sewer is constructed in future street right-of-way to serve the subject property, Shafer shall make any additional payment in an amount equivalent to adjoining properties, or if a 1911 Act Improvement District is formed, the moneys paid into the City Sewer Revolving Fund shall be refunded and the property will be assessed its full share of the cost of improvement. 4. Shafer shall be responsible for all repairs and maintenance of his said sewer lateral which is located on private property. Dated: February 21, 1978 CITY OF CARLSBAD i BY LAL&L PAUL D. BUS EY, CITG~MANAGER APPROVED AS TO FORM: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss On , before me, the undersigned, a Notary Public in and for said State, personally appeared Paul D. Bussey, known to me to be the City Manager me to be the person who executed the within instrument on behalf of said municipal of the City of Carlsbad, a municipal corporation of the State of California, known to corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand and official seal. (SEAL) Notary Public -2- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD 1 On February 23, 1978 , before me, the undersigned, the City Clerk of the City of Carlsbad, a city within the said County and State, personally appeared PAUL D. BUSSEY " i' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss On 2 a ?-X/Y7[ before me, the undersigned, a Notary Public in and for said State, oersonallv aDDeared Charles R. Shafer and Jacaueline Shafer. known to me to be the persons whose names are subscribed to the foregoing ins& ment and acknowledged that they executed the same. 1 .. I~~ ~ ~~ ~~~ ~ -3-