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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. Page of 2 3 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. Page of 3 3 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