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03-0715_ST.PIERRE, PAUL_Drainage Acceptance and Storm Drain Maintenance Access Agreement RECORDING REQUESTED BY: Recordeci in Official Records, County of Orange City of San Juan Capistrano Tom Daly, Clerk-Recorder 32400 Paseo Adelanto 11111111111111111111111111111111111111111111111i1!1111111111111111NO FEE San Juan Capistrano, CA 92675 2003001032930 03:58pm 08126103 100 111 Al2 4 AND WHEN RECORDED, MAIL TO: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: DRAINAGE ACCEPTANCE & STORM DRAIN MAINTENANCE ACCESS AGREEMENT (St. Pierre) THIS PAGE IS THE COVER PAGE FOR ALL CITY RECORDED DOCUMENTS Affects: Legal Description: Lot 21, Tract 11826 Recorded in Book 563, Page 19-26 Assessor's Parcel: 664-101-19 Mailing Address: The St. Pierre Trust C/o Paul and Nancy St. Pierre 31982 Paseo Sagrado San Juan Capistrano, CA 92675 DRAINAGE ACCEPTANCE AND STORM DRAIN ACCESS AGREEMENT This Agreement, made this day of , 2003, between the CITY OF SAN JUAN CAPISTRANO ("Cit, ") and OR. PAUL ST. PIERRE ("Owner"), representing the St. Pierre Trust, is for the purpose of establishing access to City storm drain facilities and to ensure unimpeded flow of natural drainage within Lot 21 of Tract 11826 ("Property"). Said Agreement is binding on the heirs, successor's and assignees of Property and shall run with the land and be enforceable to the full extent permitted by applicable law. Owner does hereby acknowledge and agrees to the following: That surface drainage from uphill properties affects and traverses the most southerly 80' (eighty-feet) of Property. With the exception of those improvements shown on a plan approved by Building Permit No. 4160 , on file with the City Building Department, Owner hereby agrees not to impede nor modify drainage without prior approval by the City Engineer of the City. Said impediments shall include, but not be limited to, installation of fencing and grading modifications. Owner also acknowledges that installation of proposed fencing impedes the City's ability to access an existing storm drain facility located at the northwest quadrant of the Property. Owner herein allows access to the City to said storm drain facility. Access will be taken via a proposed gate located adjacent to the roadway boarding the most westerly property boundary. City hereby agrees to notify Owner prior to requiring said access, except if City is unable to contact Owner during an emergency repair or emergency maintenance situation. City of San Juan Capistrano Properk Owner: Jo .n SP,6fff, Mayor Mi. Paul St. Pierre, Trustee of the St. Pierre Trust (Notarized Signature GzclI, ,� crn 110 Approved As to Form: Attest: Aw V4 John Shaw, City Attorney Mag et R. Monahan, City Clerk Cal i (urnia All-Purpose Acknowled(ment State of California Coarinty of Orange On , 2003, before me, Stacey Haines , Votary Public, personally appeared Pau) S+; Pl,err-e , proved to me on the basis of satisfactory evidence to be the persono whose name ish re subscribed to the within instrument and acknowledged to me that he/sem executed the STACEY HAINES same in his/h@-r,��uthorized capacity, and "- COMM.#1292623 A 01 Q f Notary Public Ca#ipmia M that by hisdmTft ieir signatures) on the instrument ORANGE My commissionNn 0 p X 05 the person(b`), or the entity upon behalf of w ich the personK) acted, executed the instrument. WITNESS my hand and official seal. Notary Seal Sigiature of\otary Public --------------------------------------------------------------------------------------------------------------------- Description of Attached Document Title or Type of1n Document: _D02000( OCC-06a p� S-6to 7)ro,tI3 0661eS5 Arle-effte�t Lo- roc- U 2-6 Document Date. ]i u , _ number of ra,es. Signer(s) Other Than Above: [ TGt I S � Capacity(les) Claimed by Signer Si`,ner's Name: Individual Corporate Officer -- Title(s): Partner -- Limited or General Attorney in Fact Trustee Guardian or Conservator Other: PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On UST" 2003 before me, Margaret R. Monahan, City Clerk, personally appeared John S. Gelff,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS my hand and official seal. Mar ar t R. Monahan, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Drainage Acceptance & Storm Drain Access Mayor Agreement Title or Type of Document Title Signers are Representing *46*44420- / S ZOOS City of San Juan Capistrano Date of Document Mr. Paul St. Pierre Signer(s)Other Than Named Above