HomeMy WebLinkAbout12. Draft Shared Sewer Lateral AgreementRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3218
DECLARATION ESTABLISHING SHARED SEWER LATERAL AREA
USE AND MAINTENANCE AGREEMENT
WHEREAS, Declarant is the owner of Parcels 1 & 2 of Parcel Map SLO 24-0045 in the
City of San Luis Obispo, County of San Luis Obispo, State of California, as recorded in
Instrument Number ________________________, in the office of the County recorder
of said County;
WHEREAS, each of the parcels will utilize a shared sewer lateral to service its
individual parcel; and
WHEREAS, Declarant intends by this document to execute a shared sewer lateral use
and maintenance agreement for the benefit of each of the individual owners of the
parcels; and
NOW THEREFORE, Declarant hereby declares that Parcels 1 and 2 inclusive, as shown
on Parcel Map SLO 24-0045 shall be held, sold, leased, mortgaged, encumbered,
rented, used, occupied, improved and conveyed subject to the following agreement,
which shall run with the real property and be binding on Declarants and their
successors and assigns, on all parties having or acquiring right, title or interest in or to
the described property or any party thereof, their heirs, successors and assigns, and
shall inure to the benefit of each owner thereof.
1. Owner(s) hereby dedicates an easement for a private sewer over said property, as
shown on Parcel Map SLO 24-0045, which is recorded concurrently herewith for the
use and benefit of all said lots.
2. Owner(s) and their heirs and assigns hereby agree to comply with the following
terms and conditions:
a) Will be jointly responsible to maintain and keep in repair the common sewer
lateral.
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b) Will repair any portion of said common sewer lateral that is damaged through
the intentional or negligent acts of said party, or parties, or his/ her or their
licensees and invitees.
c) If this agreement is abandoned or dissolved, each lot previously served by the
common sewer lateral shall be provided with an individual sewer lateral as
required by the City Regulations.
3. The parties agree that this agreement is superior and paramount to the rights of
any of the parties in the respective servient estates so created, and that it is a covenant
running with the land.
______________________________________ ________________________
Paul Hatalsky, Property Owner Date
ALL SIGNATURES MUST BE NOTARIZED.
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State of California }
County of San Luis Obispo }
On___________________, before me,__________________________________________,
Date Name and Title of the Officer
personally appeared, ________________________________________________________,
Name of Signer(s)
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the