2013-562139 D 0 C # 201 3-05621 39
Recording Requested By: ) SEP 11, 2013 4:00 PM
r City Engineer ) OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg,Jr.,COUNTY RECORDER
Iry When Recorded Mail to: ) FEES: 32.00
�j City Clerk ) PAGES: 4
City of Encinitas
505 South Vulcan Avenue ) I I��III�IIII�IIII I�III VIII�I�II��III��III��III��III I�III�IIII�IIII��III��III��II I��I
Encinitas, CA 92024 ) SPAS
JOINT PRIVATE SEWER
MAINTENANCE AGREEMENT
Project No.: 07-101 CDP
W.0.No.: 177-G
Owner's Name: Nicholas Kunewalder
Legal Description: Parcel 2 of Parcel Map No. 20136, in the City of Encinitas, County of San
Diego, State of California, recorded in the office of the San Diego County Recorder on
November 7, 2006,
Assessor's Parcel No.: 260-213-19�
Owner's Name: James Patrick Glynn
Legal Description: That portion of the Northwest Quarter of Section 23, Township 13 South,
Range 4 West, S.B.M., in the County of San Diego, State of California, according to United
States Government survey approved April 19, 1881, more particularly described in grant deed to
James Patrick Glynn recorded on July 3, 2012 as File No. 2012-0387470 of official records.
Assessor's Parcel No.: 260-213-16
WHEREAS, each party hereto on behalf of himself or herself, and their respective heirs,
successors or assigns, wishes to contract for perpetual maintenance of the private sewer as
shown on the City of Encinitas Drawing Number 177-G;
WHEREAS, the private sewer generally consists of a six-inch (6") sewer main ("Private
Sewer Main") and three four-inch (4") sewer laterals ("Private Sewer Laterals"); and
WHEREAS, the parties wish to provide for the joint maintenance of the Private Sewer
Main and individual maintenance of Private Sewer Laterals,
NOW, THEREFORE, EACH PARTY AGREES AS FOLLOWS:
1. Maintenance of the Private Sewer Main. The parties shall maintain and repair
the Private Sewer Main to a good working condition. All parties shall share equally in the
expenses for normal, and emergency, maintenance and repair. Except for emergency repairs,
no expense shall be incurred by any party without unanimous consent of all other parties hereto.
Such consent shall be in writing, signed by all parties, with a copy delivered to each party.
2. Emergency Repairs. Any party may have repairs to address emergency
circumstances, such as spills, pipe breaks or blockages, done immediately and without the prior
written consent of the others. Notice of the emergency and repairs it required shall be provided
to the other parties as soon as reasonably feasible.
3. Payment. The cost for agreed and emergency maintenance and repair shall be
borne and shared equally by each property owner that has a Private Sewer Lateral. For non-
emergency maintenance and repair, the written consents shall designate a party to be the agent
for contracting or undertaking the agreed repair or maintenance and to collect each party's
share of the cost thereof.
4. Maintenance of Private Sewer Laterals. Each party shall be responsible for the
maintenance and repair of the Private Sewer Lateral that serves their respective properties.
5. Successors in Interest. This agreement is binding on the heirs, assigns and
successors in interest of the parties.
6. Damage. It is also understood and agreed that if the owner of a parcel damages
or disturbs any portion of the private sewer, then he/she shall be responsible to immediately
repair the sewer and restore the service to the condition in which it existed prior to being
disturbed.
7. Restoration of Surface Improvements. Any surface improvements damaged by
the use, maintenance or repair of the private sewer facilities shall be restored to the condition
that existed prior to the damaging event.
8. Unpaid Costs or Unrepaired Damage to be a Lien on the Land. In the event a
party does not pay his or her pro rata share of costs in conformance with this Agreement within
thirty (30) days after it is requested or a party responsible for damage to the private sewer does
not immediately correct the damage, then the remaining parties shall be entitled to claim a lien
agai st the non-paying or non-performing party's parcel of property, and to bring suit for such
costs incurred thereby.
/ 6 I -3
Nicholas Kunewalder Date.
Jam�s'Patrick G n te.
2
STATE OF WASHINGTON
COUNTY OFl�-
I certify that I know or have satisfactory evidence that Nicholas Kunewalder is the person who
appeared before me, and said person acknowledged that) a signed this instrument and
acknowledged it to be his free and voluntary act for the use and purposes mentionkd in the
instrument.
DATED:
(Signature)
(Seal V-
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ACKNOWLEDGMENT
State of California
County of San Diego )
On 9/9/2013 before me, Jason R. Schingler, notary public
(insert name and title of the officer)
personally appeared Ay"L-< --'� L'\-, (,- \'r,'\
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.
JASON R.SCHINGIER
WITNESS my hand and official seal. Commission# 1913863
I Notary Public-California zZ
San Diego County
4b
My Comm.Expires Nov 20,2014
Signature (Seal)