Agreement & Covenants running with the Land Mann Drive Sewer Extension,a
Recorded at no fee in accordance
• with Government Code Section 6103
Recording Requested by:
Cupertino Sanitary District
20065 Stevens Creek Blvd. - Building C
Cupertino, CA 95014
When Recorded, Mail to: Same
AGREEMENT AND COVENANTS
RUNNING WITH THE LAND
MANN DRIVE SEWER EXTENSION
THIS AGREEMENT made and entered into by and between the
Cupertino Sanitary District, Santa Clara County, California
(hereinafter referred to as "District") and Dennis E. Wightman
and Linda D. Wightman, husband and wife (hereinafter referred
to as "Owners").
Recitals
A. Owners are the owners of the real property more
particularly described in Exhibit A hereto attached and by
• reference incorporated herein and are within the Mann Drive Special
Benefit Zone established by Resolution No. 920, Resolution
Establishing Special Benefit Zone and Special Equalization Charge
for Connections to the Mann Drive Sewer Extension adopted by the
Sanitary Board on June 5, 1991, pursuant to Section 8204.1 of the
Cupertino Sanitary District operations Code;
B. Owners' property is not currently connected to the
sanitary sewer system of District and owners desire to connect said
property to said District's sanitary sewer system, which said
connection must be made to said system through the Mann Drive
Sanitary Sewer Extension.
C. District is willing to grant the connection of said
property to District's system subject to owners paying the Special
Equalization Charge in accordance with said Resolution No. 920 in
addition to all other rates or charges established pursuant to
District's ordinances, rules and regulations.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties hereto agree as follows:
1. The foregoing recitals are true and correct, and the
parties expressly so acknowledge.
2. Upon meeting all of the conditions hereafter set forth,
• District will allow Owners' property, more particularly described
in said Exhibit A, to be connected to District's sanitary sewer
system.
3. As a condition precedent to such connection. Owners, in
addition to all other rates or charges established by ordinances,
• rules and regulations of District, shall pay to District a special
equalization charge in the amount of $4,423.67 consisting of an
acreage charge in the amount of $271.44 and a pro rata share of the
cost of the Mann Drive Sanitary Sewer Extension in the amount of
$4,152.23.
4. Said charge shall be paid in annual installments
amortized over a period of ten (10) years together with interest at
the rate of eight and one-half percent (8 1/2%) per annum.
5. The hereinabove charges shall be collected on the tax
roll in the same manner as other rates and charges of the District
are collected pursuant to Section 7008 of Chapter VII of the
Cupertino Sanitary District Operations Code.
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6. The parties hereto agree and expressly acknowledge that
the connection of said property to District's sanitary sewer system
as herein provided is of direct benefit to the real property more
particularly described in said Exhibit A and that the parties
hereto intend that the covenants made herein shall run with the
land and shall be binding upon the heirs, successor's -in -interest,
and assignees of the parties hereto.
7. Owners agree that its obligation to pay to District said
rates and charges as herein provided shall, and is hereby, secured
by said real property more particularly described in said Exhibit
A.
8. This agreement shall be binding upon the heirs,
successor's -in -interest, and assignees of the parties hereto.
Dated: jolI -31" 19r1i
"Owners"
DENNIS E. WIGHTMAN and
LINDA D. WIGHTMAN
0'. C
Dennis E. Wight an
Dated:
"DISTRICT"
SANITARY DISTRICT
By:
CountersAgnea:
Page 2 of 3
Secretary
(SEAL)
STATE OF CALIFORNIA )
• ) SS
COUNTY OF SANTA CLARA )
On b 3l , 19 91 before me, the undersigned, a
Notary Pu lic in and for the State of Califo nia, p rsonally
appeared 7)ennis "C -
personally
w:9hf.nA/� G� D
1Ni`�/� f jyfar!
personally known to me
X proved to me on the basis of satisfactory evidence
to be the person(s) whose names) iN/are subscribed to the within
instrument, and acknowledged to me that they/iTe/s319, executed it.
WITNESS my hand and official seal.
c�otx�cocc�c�cocoac�cx�c r�c�cc�cc�c�cc�
y�.�. OFFICIAL SLA- U`
WILLIAM E. McBEE
+�NOT:aT PUB'_IC. CALIFORNIA
SANTA CLARA COUNTY
otary Public in and for the
State of California 2 My Commission Expires Oct t5, 1991
•
E
STATE OF CALIFORNIA )
) SS
COUNTY OF SANTA CLARA )
On this A� th day of S 1991, before me,
W1111,a,71 E. the undersigned Notary Public, personally
j
appeared eseaI7 F froa�)4 and Rte/ /lJ ���wJ known to me
to be the President and Secretary, respectively, of the Cupertino
Sanitary District, Santa Clara County, California, which executed
the within instrument, and acknowledged to me that they were
authorized to, and did, execute the foregoing instrument on behalf
of said'Cupertino Sanitary District.
WITNESS my hand and
official seal.����������
ary Public in and
State of California
for the
E)
OFFICIAL SEAL
WILLIAM E. McBEE
NOTARY PUBLIC .CALIFORNIA
SANTA CLARA COUNTY
My Commission Expires Oct. 15, 1991
Page 3 of 3
EXHIBIT "A"
The following described owners' real property in the City
of Cupertino, County of Santa Clara, State of California:
Lot 20, as shown on the map of Tract No. 1390, Mann Craft
Manor, Unit 1, filed for record February 8, 1955, in Book
54 of Maps, at Page 31, Santa Clara County Records.
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