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2011-6433D O C 2011-0006433 IIN JAN 04, 2011 3:59 PM Recording Requested By: ) IV! OFFICIAL RECORDS City Engineer ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 When Recorded, Mail To: PAGES: 19 City City ofClerk Encinitas 1111111111111111111111111 IN IN 505 South Vulcan Avenue ) Encinitas, CA 92024 ) For the benefit of the City ) SPACE ABOVE FOR RECORDER'S USE 4-~ A SEWER FACILITY OPERATION AND MAINTENANCE AGREEMENT Assessor's parcel Project No.: 05-167 TPM/CDP 262-080-05 & 262-080-06 Plan Number: 10013-1/10349-G This Agreement is entered this day of 20 by and between ETC, D.B.A. STERLING TRUST CUSTODIAN FBO ANTHONY CARL ALBIN T000312 (current vested owner of 262-080-05), along with CARL G. STAHMER AND AUBYN C. STAHMER. HUSBAND AND WIFE (current owners of 262-080-06) ("Owner") and the City of Encinitas, ("City") a municipal corporation. Owner and City shall be collectively referred to as the "parties" WHEREAS, Owner is the record owner of certain real property located on Berryman Canyon Road in Encinitas, California, identified as A.P.N. 262-080-05 and 262-080-06, and as fully described in Exhibit "A" which is attached hereto and made a part hereof; and is the owner of various Private Road and Utility Easements along the corridor in which improvements are to be built (the "Property") which is described in Exhibit "B" and shown in Exhibit "C" which is attached hereto and made a part hereof; and WHEREAS, Owner desires to install a private sewer main, private gravity sewer and all appurtenances thereto on the aforesaid Property (collectively known as "Private Sewer Facilities") to provide for the discharge of the effluent from the aforesaid premises to the City's gravity main infrastructure located in the Right-of-Way at Tennis Club Dr. in the City of Encinitas, California; and WHEREAS, the City and Owner wish to set forth the agreed upon terms and conditions in this Agreement, which concerns the installation, operation and maintenance of the Private Sewer Facilities. NOW THEREFORE, for and in consideration of the mutual promises contained herein and for other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows: TFRM The City shall allow the Owner to discharge effluent through the Owner's Private Sewer Facilities and into the City's gravity sewer main connected to the Cardiff Sanitation District ("CSD") gravity main or the City's manhole, as long as the following conditions are satisfied: (i) City and CSD facilities remain in service and available; (ii) City and CSD facilities have sufficient capacity to convey the discharge of effluent from Owner's Private Sewer Facilities; (iii) the Owner has not caused or allowed any other connections of a private sewer main, pump station or private lateral to City and CSD Facilities without the prior express written consent of the City and applicable Wastewater Discharge Fees be paid by connecting party; and (iv) Owner has not breached any term in this Agreement. The commencement date upon which such right is granted shall be the date of the last authorized signature (the "Term"). 2. OWNER'S RESPONSIBILITIES: (i) Owner, its successors, heirs, and assigns shall, at its own cost and at no cost to the City, assume all responsibility and liability for the installation, operation, maintenance, design, repair and replacement of the Private Sewer Facilities, including, but not limited to, those placed in the City's right -of-way; (ii) Owner shall cause the plans and specifications for its private utility improvements, including, but not limited to, the Private Sewer Facilities, which it intends to be placed within the City's rights-of-way and the private road known as Berryman Canyon Road, to be reviewed and approved by the Engineering Services Department. Owner shall construct said private facilities in accordance with approved Improvement Plan 10013-1. The private sewer infrastructure shall be built to the same standard as if it were a public sewer main, owned by the City. Additionally, Owner shall, prior to the start of any work, obtain a public improvement permit ("the Permit) for the construction and inspection of the proposed improvements, and provide the City with the required financial surety in the amount of the approved Engineers Cost Estimate. (iii) Owner shall timely obtain all necessary approvals, including any approvals required by the City of Encinitas, for construction and operation of the Private Sewer Facilities. Owner shall also meet all applicable local, state and federal laws and regulations pertaining to construction, maintenance and/or operation of the Private Sewer Facilities. (iv) Owner represents and warrants that all utility improvements, including, the Private Sewer Facilities, will be constructed, designed, and installed in accordance with city Standards and Improvement Plan 10013-I. (vi) Owner shall timely pay all appropriate fees and service charges that are required by City Ordinance including but not limited to Wastewater Capacity Fees and prorated annual service charges. (vii) Owner shall reimburse the City for any and all reasonable costs, labor, charges, and expenses associated with the City's excavation and investigation of leaking private facilities located in the public right-of-way that are determined by the City to be owned, maintained, and operated by Owner. (viii) Owner shall be liable to the City for all costs, fines, charges, fees, and expenses associated with, arising out of or related to the City's response to any calls to the Department requesting the City to contain, remove, sanitize or clean-up any effluent discharged from leaks or damaged private main or private facilities and Owner shall be liable to the City for any and all reasonable repairs made to Owner's private main and/or private facilities, and shall indemnify the City, its departments, employees, representatives, and officials from and against any and all claims based on any theory of liability, including, but not limited to, property damage, personal injury, or death, reasonable attorney's fees, costs and expenses. (ix) Owner agrees that the City shall have the ability to take ownership and responsibility of the Private Sewer Facilities at a time after the City is able to secure Public Sewer Easements over, under, and across the land in which said Private Sewer Facilities lay. The transfer of ownership from the Owners to the City will occur at the time the City begins the perpetual maintenance of the said Private Sewer Facilities, however all sewer laterals will remain privately owned and maintained. This clause shall be part of any future private maintenance agreements between the Owners and any other property owners wishing to connect to the private system. Other property owners wishing to connect to these Private Sewer Facilities shall obtain a Wastewater Discharge Permit from the City after paying the applicable fees prior to connection to the sewer main. The Owner may, at the time of transfer of ownership, apply for the formation of a Sewer Construction Reimbursement Agreement with the City provided that all requirements of the City of Encinitas Administrative Manual Policy Number G042, which is attached hereto as Exhibit "D" and made a part hereof, are met. City staff may not recommend to the City Council that the Reimbursement Agreement be approved if all conditions of the said policy are not met. 3. CITY'S RESPONSIBILITIES: The City's sole responsibility is that it shall, provided that all conditions precedent have been fully satisfied to the sole discretion of the City, allow the Private Sewer Facilities to discharge into the City's gravity main infrastructure located in the Right-of-Way at Tennis Club Dr. in the City of Encinitas, California; and It is expressly understood by the Parties, that the City shall not be responsible for any costs, fees, expenses, or parts thereof, for the design, construction, installation, maintenance, operation, use, damage, or repair of any kind and for whatever reason of Owner's private sewer utility improvements, including, its Private Sewer Facilities. 4. INDEMNIFICATION: Owner, its successors, heirs and assigns, agree to now and forever, save, indemnify, defend and hold harmless the City, its officials, employees and agents, from and against any and all claims based on any theory of liability, including, but not limited to, claims for damages, fees, charges, penalties, fines, costs, personal injury, death, or arising from the design, operation, malfunction, stoppage, leakage, breakage, maintenance, relocation, replacement, removal or abandonment of CSD's and/or the City's facilities. Owner, its successors, heirs, and assigns further agree to now and forever save, indemnify, defend and hold harmless the City, its officials, employees and agents, from and against any and all claims, damages, fees, charges, penalties, fines, costs and liabilities arising from or related to this Agreement, or alleged to arise from, or in any way relating to, the design, installation, operation, malfunction, stoppage, leakage, breakage, maintenance, relocation, replacement, removal, or abandonment of the Private Sewer Facilities, and from and against any and all claims for damages, penalties, fines, fees, costs and claims relating to environmental pollution and unlawful discharges of sewage resulting form or relating to the operation, malfunction, leakage or breakage of the Private Sewer Facilities. UNAUTHORIZED CONNECTION STRICTLY PROHIBITED: Owner understands and agrees that no other sewer lines from other parcels of land may connect to the Private Sewer Facilities without the express prior written consent from the City's Engineering Services Department, which such approval shall be within the sole discretion of the City. Each future connection to the Private Sewer Facilities shall be inspected and constructed to the City's Public Standard and a Sewer Lateral Construction permit shall be obtained. It is further understood and agreed that no subdivided or re-subdivided parcels involving the Property may in any way utilize the Private Sewer Facilities without the express prior written consent of the City. 6. MANDATORY CONNECTION TO CITY SEWER SYSTEM Owner shall cause the Property to be connected to the City's gravity sewer main and the City's sewer utility infrastructure when the same becomes available to the Property at the discretion of the Engineering Services Director or designee. Owner shall at that time be required to pay all applicable fees or charges related thereto, including, but not limited to, pro rata fees or charges pursuant to Encinitas Municipal Code. 7. MISCELLANEOUS: This Agreement shall be binding on Owner, its heirs, successors and assigns and shall run with the land currently identified as Assessor's Tax Map Parcel No. 262-080-04 and as described in Exhibit "A" except for any portion(s) thereof which are dedicated to the City of Encinitas. This Agreement constitutes the final understanding between the Parties. This Agreement shall be governed, interpreted and enforced by the laws of the City of Encinitas and any disputes arising out of or related hereto shall be heard in the courts containing competent jurisdiction. )Ilk Dated this day of sz 20i. OWNER(s): CND Signature for ETC, d.b.a. Sterling Trust Custodian FBO Anthony Carl Albin, T000312, Owner A6t1-4 Print Name _ Carl "$tahmer, Owner L rl' C. 51ahmer, Owner Date /2 / 6 Date I Ito Date (Signature of Owner(s) to be notarized. Attach the appropriate acknowledgement). CIT f 0,MPeter Cota-Robles Date Director of Engineering Services City of Encinitas ALL-PURPOSE ACK OWLEDGI- BEN T State of California County of San Diego On Decem tB aOJQ before me, (DATE) _ personally appeared .10 ASH NICKLE Comm. # 1825273 In NOTARY PUBLIC-CALIFORNIA N SAN Df6, MY COMM. Exp. DEC c . 2E, 201 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jgeare subscribed to the within instrument and acknowledged to me that heA4elthey executed the same in h+s14wAheir authorized capacity(ies), and that by k44i"/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. Effective January 1, 2006, the California certificate of acknowledgment must be in the form set forth in Civil Code section 1189, rather than "substantially" in the form set forth therein. The form set forth in Civil Code section 1189 did not change, but variations in the California form are no longer permitted. (The law regarding acknowledgments to be used with documents to be filed in other states has not changed (Civil Code § 1189(c)). SS. Ash Nckle, Notary Public (NOTARY) WITNESS my hand and official seal. NOTAWS SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) F] GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER OTHER c 0 A O Q O H DESCRIPTION OF ATTACHED DOCUMENT S'~Uk~ Moo yl cle A vveoavr- TITLE OR TYPE OF DOCUME NUMBER OF PAGES DATE OF DOCUMENT APA 5/99 VALi~ `r"-STCFt(:A. Q00-362-3169 Notary State of ) SS: County of 1~(, Yl (1~~ Y~ ) B fo me, notary public in and for said county and state, personally appeared who acknowledges that he/she did execute the foregoing I Q instrume t on behalf of and that the same was his/her free act & deed. IN WITH SS WHEREOF, I have hereunto set my hand and official Seal this I~ day of~ 2010. { J My commission expires: , U Notary Public DEEANDREA WOODARD * MY COMMISSION EXPIRES December 4 9T 2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of, l go On L6 / t before me, _R*AAV.4 9!9~. X(164J00,e .uv7WW I f y C'3~ C Date Here Insert Name and Title of the Officer personally appeared %F % 6o771. _;0 6 ,c,5 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed to the within instrument and acknowledged t me that (S)he/they executed the same in is er/their authorized capacity(ies), and that by RANDA G. MILUOUR is er/their signature(s) on the instrument the ConMnission 0170"64 person(s), or the entity upon behalf of which the Notary Public - cal onw person(s) acted, executed the instrument. San Diego County My ission Up. Jan. 6, 2011 1 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: Place Notary Seal Above OPTIONAL Si ature of Notary Pu Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ATTACHMENT "A" LEGAL DESCRIPTION PARCEL 1: (A l--6itJ) THE NORTHERLY 240.00 FEET (MEASURED ALONG THE EASTERLY LINE), OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE EASTERLY LINE OF THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID EASTERLY LINE SOUTH 00°09'09" WEST, 420.00 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°41'50" EAST, 33.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 23, NORTH 00°03'05" WEST, 420.00 FEET TO THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THE WESTERLY 31.59 FEET OF THE EASTERLY 400.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 4 HEREINAFTER DESCRIBED. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE WESTERLY 920.00 FEET OF SOUTHEAST QUARTER OF THE NORTHEAST QUARTER. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 40.00 FEET OF THE EASTERLY 360.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. THE EASEMENT HEREIN DESCRIBED IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OR ALL OR ANY PORTION OF THE SOUTHERLY 300.00 FEET OF THE NORTHERLY 720.00 FEET OF THE WESTERLY 921.08 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 4: AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23 WITH THE EASTERLY LINE OF THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY 920.00 FEET SOUTH 00°09'09" WEST, 420.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°41'50" EAST, 33.09 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 23, NORTH 00°03'05" WEST, 420.00 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID NORTHERLY LINE NORTH 89°41'50" WEST, 31.59 FEET TO THE POINT OF BEGINNING. PARCEL 5: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE WESTERLY 40.00 FEET OF THE EASTERLY 400.00 FEET OF THE SOUTHERLY 600.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM ANY PORTION HEREIN DESCRIBED WHICH IS INCLUDED WITHIN PARCEL 2 HEREINABOVE DESCRIBED APN: 262-080-05 PARCEL A: C-5,fA~ M E 'r9, THE SOUTHERLY 240.00 FEET OF THE NORTHERLY 480.00 FEET (SAID DIVISION MEASURED ALONG THE EASTERLY LINE) OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCMTAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE WESTERLY 921.08 FEET. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY AND WESTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHERLY 420.00 FEET OF THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG THE SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SOUTH 89°41'50" EAST, 33.09 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 23, NORTH 00°03'05" WEST, 420.00 FEET TO THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER. PARCEL B: AN EASEMENT AND RIGHT OF WAY TO CONSTRUCT, USE, MAINTAIN, OPERATE, ALTER, ADD TO, REPAIR, REPLACE AND RECONSTRUCT A ROAD, DRIVEWAY OR THE LIKE AND/OR FOR UTILITIES AND SEWER PIPE, FOR THE PURPOSE OF GAINING ENTRY AND EXIT, INGRESS AND EGRESS AND FOR BRINGING UTILITIES AND SEWER PIPE OVER, ACROSS AND ALONG THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE EASTERLY 40 FEET OF THE WESTERLY 961.08 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE SOUTHERLY 600.00 FEET. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23 WITH THE EASTERLY LINE OF THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY 920.00 FEET, SOUTH 00°90'90" WEST, 420.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°41'50" EAST, 33.09 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 23, NORTH 00°03'05" WEST, 420.00 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID NORTHERLY LINE NORTH 89°41'50" WEST, 31.59 FEET TO THE POINT OF BEGINNING. AND ALSO EXCEPTING THEREFROM THE NORTHERLY 10.00 FEET OF THE SOUTHERLY 610.00 FEET OF THE EASTERLY 360.00 FEET. AND ALSO EXCEPTING THEREFROM THE NORTHERLY 240.00 FEET, MEASURED ALONG THE EASTERLY LINE OF SAID SECTION 23. APN: 262-080-06 EXHIBIT "B" EASTERLY ALONG EXISTING ROAD AND UTILITY EASEMENT PER DOCUMENT RECORDED MARCH 22, 1971 AS FILE NO. 54587, O.R.; THENCE SOUTHERLY ALONG EXISITING ROAD AND UTILITY EASEMENT PER PARCEL 4 OF GRANT DEED REDORDED AUGUST 25, 1993 AS DOC. NO. 1993- 0556369, O.R.; THENCE CONTINUING SOUTHERLY ALONG EXISTING ROAD AND UTILITY EASEMENT PER PARCEL 2 OF GRANT DEED RECORDED AUGUST 25, 1993 AS DOC. NO. 1993-0556369, O.R.; THENCE EASTERLY ALONG EXISTING ROAD AND UTILITY EASEMENT PER PARCEL 3 OF GRANT DEED RECORDED AUGUST 25, 1993 AS DOC. NO. 1993-0556369, O.R. TO THE PUBLIC RIGHT OF WAY KNOWN AS EL CAMINO REAL. EXHIBIT "C" 100 50 0 N 100 200 SCALE IN FEET SCALE: 1 " = 100' I S PARCEL 2 I PARCEL 3 H LINE PARCEL 4 (n PARCEL 1 EASEMENT LEGEND rA EXISTING EASEMENT FOR ROAD AND UTILITY PURPOSES PER PARCEL 2 OF GRANT DEED REC. 8-25-1993 AS DOC. NO. 1993-0556369, O.R. O Z ~ J Qa Ucc -I w ENGINEERING Si ogle Source Deuelopmeal Coosultaol 1635 S. RANCHO SANTA FE #206 SAN MARCOS, CA. 92078 (760)510-3152 Ph / (760)510-3153 Fax I I © EXISTING EASEMENT FOR ROAD AND UTILITY PURPOSES PER PARCEL 3 OF GRANT DEED REC. N 8-25-1993 AS DOC. NO. 1993-0556369, O.R. © EXISTING EASEMENT FOR ROAD AND UTILITY PURPOSES PER PARCEL 4 OF GRANT DEED REC. A 8-25-1993 AS DOC. NO. 1993-0556369, O.R. MATCH LINE © EXISTING EASEMENT FOR ROAD & UTILITY PURPOSES PER DOC. REC. 3-22-1971 AS FILE NO. 54587, O.R. EXHIBIT "D" CITY OF ENCINITAS ADMINISTRATIVE MANUAL Sewer Construction Policy Title: Reimbursement Agreements Section: General Responsible Department: Engineering Services Number: G042 Approved By. City Manager Date Approved: 6117199 Last Amendment: 1. STATEMENT OF PURPOSE This policy provides specific regulations and procedures for establishing Sewer Construction Reimbursement Agreements (Agreements). fl. LEGAL AUTHORIZATION Chapter 18.12 of the City's Municipal Code and Cardiff Sanitation District Code allow the City or District (herein referred to as "District" for both the Cardiff Sanitation District or Encinitas Sanitary Division) to enter into Agreements with private developers or property owners (OWNER) to charge an additional connection fee for connection to the sewer system (REIMBURSEMENT FEE), when the sewer service has been made available by that OWNER prior to the time that the District would have been able to make the sewer service available. The purpose of the REIMBURSEMENT FEE is to reimburse the OWNER for a portion of the costs incurred to extend the District's sewer lines to the previously unserved area. The District does not provide Agreements for OWNERS building private sewer lines. When an OWNER desires or is required to construct a sewer line (SEWER LINE) to the District's sewer system, and other unnerved properties may be serviced by that SEWER LINE, the District Engineer may require the OWNER to construct the SEWER LINE to public standards and provide stub-outs at various locations to provide a connection point for the unserved properties. The District may also require the OWNER to dedicate the SEWER LINE to the District before the OWNER may discharge into the District's sewer system. The OWNER shall be informed of these requirements before final sewer plans are approved and shall have the option of entering into an Agreement. The DISTRICT shall notify the OWNER, in writing, of the District's requirements and policies concerning Agreements. By providing a copy of this policy statement to the OWNER, the City shall have given sufficient written notification. The decision to enter into an Agreement shall be agreed upon by both parties prior to the issuance of a sewer construction permit. The OWNER shall agree to the terms of the Agreement, as stipulated by the Municipal or Cardiff Sanitation District Code and Sewer Construction Reimbursement Agreement Policy, by signing the Sewer Construction Reimbursement Agreement Consent Statement at the end of this document. Should the OWNER not consent to the Agreement policies and codes, the District may deny the OWNER a sewer construction permit and access to the District's public sewer system. Ill. TERMS OF THE AGREEMENT The proposed sewer shall be designed in compliance with public standards and as directed by the District Engineer. All public sewer access easements must be secured prior to the commencement of construction of the SEWER LINE. The OWNER shall incur all costs associated with the construction of the sewer including, but not limited to, design, acquisition of easements or right-of-way, construction, inspection, material testing, permits, and legal, technical, or administrative assistance. The OWNER must also pay an administrative fee to the District for setting up the Agreement. The OWNER will be required to open a deposit account with the District in the amount of $1,000. The District will charge against the deposit account on a time and materials basis until the Agreement is finalized. The OWNER shall retain copies of all invoices pertaining to the sewer construction and proof of payment of these invoices. Copies of invoices and proof of payment shall be submitted to the District Engineer after all reimbursable invoices have been paid by the OWNER, but no more than 90 days after the SEWER LINE has been accepted by the District. Reimbursable costs shall ultimately be determined by the District Engineer and may include payments made by the OWNER for preliminary engineering, right-of-way or easement acquisition, permits, material testing, construction, inspection, and installation related to the SEWER LINE. IV. CALCULATION OF THE REIMBURSEMENT FEE The District Engineer shall determine the number of equivalent dwelling units (EDUs) that could ultimately connect to the SEWER LINE, including the OWNER's property. The number of EDUs shall be based on the existing zoning at the time that the SEWER LINE is constructed and shall assume that vacant properties will be developed to mid-range density allowed by the zoning. The REIMBURSEMENT FEE shall be calculated by dividing the total reimbursable costs, as determined by the District Engineer, by the total number of possible EDU connections to the SEWER LINE. EXAMPLE. If the reimbursable costs of the SEWER LINE total $100,000 and there are 10 potential EDU" Connections to the SEWER LINE, the REIMBURSEMENT FEE is $10,000 per EDU. Total Reimbursable Costs (as approved by District Engineer) Total Possible EDU Connections: Reimbursement Fee: one (1) EDU is $100,000 10 $100,000/10 = $10,000 per EDU to one (1) single family house In addition, property owners subject to the REIMBURSEMENT FEE shall also be required to pay 6% simple interest on the REIMBURSEMENT FEE, to be computed from the time that the SEWER LINE was accepted by the District. The District shall charge for setting up the Agreement on a time and materials basis and shall charge a collection fee for each reimbursement collected and sent to the OWNER as set by the District's adopted fee schedule. EXAMPLE: A property owner wishes to build a sewer lateral from his single-family house to the SEWER LINE 3 years and 3 months after the SEWER LINE is accepted by the District. How is the interest fee calculated? Interest Calculation: Reimbursement Fee x Interest Rate x Time 10,000 x 0.06 x 3.25 = $1,950 Total Reimbursement: $10,000 + $1,950 = $11,950 Reimbursement to OWNER: $11,9501ess Collection Fee The REIMBURSEMENT FEE shall be collected in addition to all applicable fees. The OWNER's property shall also be subject to the reimbursement fee, however this fee will be deducted from the total reimbursable costs, rather than collected at a future time. The total reimbursement to OWNER shall not exceed the maximum reimbursement amount. The maximum reimbursement amount is defined as the total reimbursable costs plus interest, less the OWNER's pro-rata share of the cost of the SEWER, less collection fees. The District does not guarantee that the OWNER will receive the full amount, or any portion, of the maximum reimbursement amount. EXAMPLE: If the reimbursable costs total $100,000 and there are 10 potential EDU connections and two of the EDUs belong to the OWNER, the cost attributed to the OWNER is $20,000 and the total reimbursable amount to the OWNER is $80, 000, plus 6% simple interest, less the District's collection fee. Total Reimbursable Costs: Reimbursement Fee per EDU: Total Possible EDU Connections: Total EDUs belonging to OWNER: Cost to OWNER: Total Reimburseable amount: $100,000 $10,000 10 2 $10,000 X 2 = $20,000 $100,000 - $20, 000 = $80, 000 (plus interest and less collection fees) If the District collects any REIMBURSEMENT FEES, such payments shall be sent to the OWNER semi- annually commencing on January 1 or July 1, whichever comes first following the effective date of the Agreement and shall continue semi-annually on January 1 and July 1, until the OWNER has been reimbursed the maximum reimbursable amount or until the agreement expires. In accordance with the Municipal and Cardiff Sanitation District Codes 18.12.030, if the reimbursable costs of the SEWER LINE are less than $50, 000 the Agreement shall remain in effect for a period of 10 years. If the total reimbursable costs of the SEWER LINE are $50, 000 or more, the Agreement shall remain in effect for a period of 20 years. V. OVERVIEW OF PROCESS The process for Agreement adoption is summarized below. ❑ OWNER meets with District Engineer or Engineering Services Department staff to discuss alternatives for connection to the public Sewer System. ❑ District Engineer and OWNER agree on conceptual design and location of sewer. ❑ If the proposed sewer may serve other unserved properties, the OWNER is notified of the Sewer Construction Reimbursement Agreement Policy and is issued the policy statement and consent form. ❑ OWNER signs consent form, designs the sewer to approved standards and specifications, and provides a cost estimate to the District Engineer. ❑ Properties that may be affected by the sewer reimbursement agreement are notified. ❑ Sewer construction plans are submitted to District Engineer for approval. ❑ Once sewer plans are approved and consent form is received, the District issues a sewer construction permit and SEWER LINE is completed. ❑ Upon completion, the District accepts the SEWER LINE and the SEWER LINE is dedicated to the District. ❑ Proof of payment for reimbursable costs are submitted to District Engineer, within 90 days of the District's acceptance of the SEWER LINE. ❑ District Engineer calculates REIMBURSEMENT FEE and draws up agreement. ❑ Ordinance adopting the Agreement is scheduled for Introduction and notices are sent to affected property owners. ❑ Ordinance is introduced and adopted by District. ❑ Both parties sign agreement and Municipal or Cardiff Sanitation District Code is amended to include Agreement. If during this process a property owner wishes to connect to the SEWER LINE, prior to the issuance of a Wastewater Discharge Permit, the District will collect an amount equal to the proposed REIMBURSEMENT FEE or the City's best estimate if a REIMBURSEMENT FEE has not yet been calculated. Those funds will then be placed into a deposit account until the Agreement goes into effect. Vt. OWNER CONSENT STATEMENT have read and understand the policies governing Sewer (Please print name.) Construction Reimbursement Agreements in the Cardiff Sanitation District and Encinitas Sanitary Division, I agree to the terms set forth in this policy and consent to any and all regulations, standards, fees and conditions established and set forth by the Cardiff Sanitation District Code/Cardiff Sanitation District Board or the Municipal Code/City Council. Signature Date