1982-0119_ZIELKE, CHARLES E. AND ROBERTA A._Agr for Maint. for Decorative Block WallINU R`-��IEsTF�---
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AGREEMENT FOR MAINTENANCE FN *CMOBILOCK WALL
CITY OF
THIS AGREEMENT made and eg fired into this 19th day of
January, 1982, by and between the City of San Juan Capistrano,
hereinafter designated as "CITY", and Charles E. Zielke and
Roberta A, Zielke, hereinafter designated as "RESIDENTS."
W I T N E S S E T H:
WHEREAS, RESIDENTS are owners of Lot 28, Tract 9578,
recorded in Book 444, Pages 24 through 28 of Miscellaneous Maps
of the County Recorder, County of Orange; and
WHEREAS, CITY owns a sanitary sewer easement located
on the southerly 10 feet of said Lot 28; and
WHEREAS, RESIDENTS desire to construct a decorative
masonary block wall on said CITY sanitary sewer easement.
NOW, THEREFORE, it is mutually agreed by and between
CITY and RESIDENTS as follows:
1. CITY shall grant a permit for the construction of
said decorative masonary block wall.
2. RESIDENTS fully understand that said wall is
located within CITY'S easement and will bear all expenses of
maintaining said wall and shall make no claim for any damages
to wall caused by CITY'S sanitary sewer or maintenance operations
within said CITY'S sanitary sewer easement.
3. RESIDENTS fully understand and agree that CITY has
the legal right to remove said wall to conduct maintenance
operations within said easement and that CITY shall not and
has no obligation to replace or repair said wall.
4. CITY shall take reasonable measures to keep
damage to said wall at a minimum and will not unduly exercise
its rights within said easement.
5. The terms of this agreement shall be binding upon
RESIDENTS, their heirs, successors, or assigns.
-402 PM JAN25'82
A.
82-028763
State of California On this the 23rd day of December 19 81 , before me,
Ss.
County of Orange the undersigned Notary Public, personally appeared
CHARLES E. ZIELKE AND ROBERTA A. ZIELKE
OFFICIAL SEAL known to me to be the person(s) whose name(s) ARE
THsubscribed
V'm
EY
RUTH E I A S ARL)to the within instrument and acknowledged that NOTARY PUBLIC • CALIFORNIA executed the same for the purposes therein contained.
ORANGE COUNTY IN WITNESS WHEREOF, I hereunto set m hand and official seal.
My comm. expires MAY 23, 1984 Y
GENERAL ACKNOWLEDGEMENT FORM
��• 82-028763
IN WITNESS WHEREOF, the parties have executed
this agreement as of the date first above written.
CITY OF SAN JUAN CAPISTRANO
ATTEST:
By /Ae.,
PHILLI R. SCHWARTZE, 4�4YOR
MARY ANN NOVER, CITY CLERK 1�
RESIDENTS:
112
CHARLES E. ZI KE
z:
ROB RTA A.
APPROVED AS TO FORM:
ES S. OKAZAK CITY ATTORNEY
-2-
it STATE OF V111 OCNIA,
MINTY OF ' ORANGE
i
ON JANUARY 19, 19_L2
before me, the undersigned, a Votary Public in and for the said State, persoo32y appeared i;
nh 1 1 "n R Sc by ar Fon known to me to be the
}( Ma; c)r knr�vn to me
to be the _Sccrct3ry cf
M nlci_pal
th� nrpartinn that executca the r.ilhn fnstru^tent, knovm to rn•_ to be the prrsoc:�ho
executed the valla O Instrum,nt, on bN:alf of lila Corporation herein named, and ac` -.W adrod
to me Ihat suer Corporalien Executed the will:in I.•Lstrument pursuant.to its by;ass or a
{?FFIGIAL SEAL resolution of its Lo3id of directors.
�'• "AARY.ANN YM,NOVER li/ •,mnr o �
:r.r,:.Ss my h3nu and ofLcG 1 coal,
NOTARY PUN 1(-JRNit1
ORAFrG� Co it
ii i Mycomm. expire r I --'0, 1834 t I'
' - 6owry Public In and tar said Stale. _ I`
ArJJ�nKIlV6M(Nr-Ccep,—rrei i Sec—Wuleolli (pim776—Par. 761 � � ----
STATE OF CrdlrOXIM,
ORANGE :x•
COUNTY OF
ON JANUARY 19, 1982 19_,
before me, the undersigred, a Notary Public in and for the Said State, persec311y appeared
Mary Ann Hanover known to rs, to be the
President, and , known to me
to be the XSt<lNaYsitTcdf City CI ark
M nicial
OFFICI. EAL the arperation that exeCeted the Vilh:n Instrument, knorm, to me to be the prrsons ...ho
�. ti.. L., ,,,t. „
RUTH E ":"..ARG?UARD ex utcd the within tnsVuntcnt, en be.wll of tilt Corpor3bnn herein named, ..nd ac..,.o...ed� Ld ,
NOTARY vi�e� �� �:ALIFORNIA to me that such Corp,ration executed the within 1.61ru:uent pursuant to its hyiaws ora �
y on:.MGE COUNTY resolution of its bsa:d U directors.
CE My cor..m. exDWes MAY 23, 198431, i
VIITNESS my hand and official seal
tar
--ACq:aKLIU(.M(ier—Cerp.-frei t sec—Wulcatti. (aim 716 -Par. 761
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0
AGREEMENT FOR MAINTENANCE OF DECORATIVE BLOCK WALL,
LOT 28, TRACT 9578 (ZIELKE)
(38) The Agreement between the City of,ScAn'Juan C
Charles E. and Roberta A. Zielke for the mai
decorative block wall within a City Sanitary
was approved; the Mayor and City Clerk were
execute the Agreement as set forth in the re
January 19, 1982, from the Director of Publi
apistrano and
ntenance of a
Sewer Easement
authorized to
port dated
c Works.