2014-274804 DOC ## 201 4-0274804
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RECORDING REQUESTED BY AND, )
JUL 01 , 2014 4:36 PM
WHEN RECORDED MAIL TO: ) OFFICIAL
SAN DIEGO CO COUNTY RECORDER'S OFFICE
(Y ) Ernest J Dronenburg,Jr,COUNTY RECORDER
� CITY CLERK FEES 31 00
CITY OF ENCINITAS j PAGES: 6
505 SOUTH VULCAN
ENC II N ITAS, CA 2 2AVENUE E
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PRIVATE SEWER EJECTOR PUMP AGREEMENT
►�� A.P.N. 256-122-38 Permit No: 13-1649/1652
Case No: 13-246 CDP
This Agreement is entered into by and between Mathew Villalobos, a single man, and
Max Villalobos and Nadine Villalobos, husband and wife as joint tenants ("Owner") and
the City of Encinitas ("City" hereinafter) with reference to the following facts:
A. Owner has fee title to the real property commonly known as 796 Clark Avenue
(Street Address) and more particularly described in Exhibit A, attached hereto and
incorporated herein ("Property");
B. Owner desires an exception to the Encinitas Design Manual that generally prohibits
use of private sewer ejector pumps, and the "'ity is willing to grant the exception,
subject to the terms and conditions of this Ac reement,
NOW, THEREFORE, the parties, on behalf of themselves, their successors and
assigns, agree that the following covenants and conditions shall apply to the Property,
subsequent owners of the Property and any portion of the Property, regardless of
whether it is divided or sold to one or more owners:
1) Ownership and maintenance obligations of all individual home and private
sewer pump stations, force mains, and gravity laterals that serve, or are within the
Property, and including the physical connection to the public collection sewer ("private
sewer facilities"), shall remain with Owner.
2) Private sewer facilities shall not be dedicated to the City, nor shall the City
accept or be liable for ownership or mainten2 nce of private sewer facilities
3) Owner is solely liable and responsible for design, construction, operation,
maintenance, repair and replacement of private sewer facilities. Private sewer facilities
shall meet all of the applicable design, construction, maintenance and review
requirements of the City and the plumbing arid building code requirements of the City.
4) Owner acknowledges that a private sewer ejector pump is typically located at
an elevation lower than the public sewer and thereby allows the possibility of backflow
of sewage from the public sewer through the private lateral, pump discharge piping, and
into the pump located on private property. Owner hereby assumes the risk of any such
sewage backflow possibility and agrees that the City is not liable in any such event. To
mitigate potential for public sewage backflow into private property, Owner agrees to
install and maintain in accordance with applicable City requirements: 1) the private
sewer ejector pump outside of any residential structure: 2) a pump discharge check
valve for backflow prevention, and 3) an easily accessible and labeled separate shutoff
valve on the pump discharge piping. The discharge piping, check valve, and isolation
valve shall be rated for a minimum internal pressure of 100 psi, or as otherwise
approved by the City Engineer. Owner shall tie solely responsible for any and all
damage caused by private sewer facility blockage, damage, or failure, regardless of
cause, including failure of multi-unit sewer laterals, individual-home and private sewer
ejector pump, force mains, and gravity laterals to, and including, the physical connection
to the public collection sewer.
5) Owner hereby agrees to hold harmless, defend and indemnify the City, its
officers, officials, employees, agents and consultants from and against any and all
liability, loss, damage, expense, costs (including without limitation costs and fees of
litigation) of every nature arising out of or in connection with the private sewer facilities,
except such loss or damage which was caus(;d by the sole negligence or willful
misconduct of an indemnified party.
6) If any legal action or proceeding is brought by either party to enforce or
interpret this Agreement, the prevailing party will be entitled to receive from the other
party, in addition to any other relief granted, the reasonable attorney's fees, costs, and
expenses incurred in the action or proceeding.
7) The covenants in this Agreement shall run with the land and be binding upon
all future owners of the Property in its entirety or any portion thereof.
AGREED AND ACCEPTED BY
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MATHEW VILLALOBOS DATE
MA VIL OBOS DATE
'�4111rjlg�.%Iplgr "IL
N IN VILLALO DATE
(Notarization of OWNER signat ire is attached.)
APPROVED BY CITY OF ENCINITAS:
t �/ " / ( 4
Masih Maher for Gle ruim DATE
Director of Engineering and Public Works
City of Encinitas
I
Attachment "A"
Legal Description of Real Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED CM OF ENCINITAS,COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA AND IS DESCRIBED AS FOLLOWS,
Parcel 1:
All of Lot 7 in Block 1 of Avocado Acres, in the County of San Diego, State of California, according to Map thereof, No.
1791, filed in the Office of the County Recorder of said San Dingo County,April 29, 1924
Excepting therefrom, the Easterly 150.00 feet and the Northerly 59.58 feet, which said Northerly 59.58 feet is measured
along the Westerly line of said Lot 7.
Parcel 2:
An easement for road and public utilities and purposes inciden:al thereto,over that portion of Lots 6 and 7 in Block 1 of
Avocado Acres, in the County of San Diego, State of California, according to Map thereof, No. 1791, filed in the Office of
the County Recorder of said San Diego County, April 29, 1924, described as follows:
Beginning at the Southwesterly comer of the Easterly 150.00 fc—et of said Lot 7; thence North 890 52'30"East along the
Southerly line thereof,6 feet and 8 inches, more or less,to the Southwesterly corner of the Easterly 143 feet and 4 inches
of said Lot 7; thence North 040 38'00"East along the Westerle line thereof, to the intersection with the Northerly line
of said Lot 7; thence North 890 52'30"East along said Northe-ly line, 23 feet and 4 inches, more or less, to the South
westerly comer of the southerly 83.50 feet of the Easterly 120.C10 feet,of said Lot 6, thence North 040 38'00"East, along
the Westerly line thereof, to the Northwesterly corner of said land;thence North 890 52'30"East along the Northerly line
thereof, 120 00 feet, more or less, to the intersection with the Easterly line of said Lot 6, thence North 040 38'00" East
along said Easterly line,36.92 feet to the Northeasterly corner thereof;thence South 890 52'30"West,along the Northerly
line of said Lot 6,a distance of 150.00 feet, more or less, to the Northwesterly corner of the Easterly 150 00 feet of said
Lot 6; thence South 040 30'00"West, along the Westerly line thereof and its Southerly prolongation to the point of
beginning.
Parcel 3.
An easement for road and public utilities and purposes incidentzil thereto,over a strip of land,3 feet and 4 inches in width,
lying within Lots 6 and 7 in Block 1 of Avocado Acres, in the County of San Diego, State of California, according to Map
thereof, No. 1791,filed in the office of the County Recorder of said San Diego County, April 29, 1924, The Easterly line
of said 3 foot and 4 inch strip is described as follows-
Beginning at the Southwesterly corner of the Easterly 150 00 feet of said Lot 7, thence North 04° 38'00" East along the
Westerly line thereof, 240.84 feet to the Northerly line of said Lot 6 The Westerly line of said 3 foot and 4 inch strip is
to be prolonged or shortened so as to terminate on the Southerly line of said Lot 7 and on the Northerly line of said Lot
6.
APN. 256-122-38-00
ACKNOWLEDGMENT
State of California
County of San Diego )
On ��- 120 ��/ before me, L4!9'1Q4?#W ROM W Z(J1(
(insert name and title of the officer)/ '`
personally appeared 1�WlAew V Woks,, NpX V/J)akbg AMIl e Vt A-410Ls
who proved to me on the basis of satisfactory ev dence 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 b his/her/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the erson(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under th laws of the State of California that the foregoing
paragraph is true and correct.
SAMANTHA MORROW
JCommission No 2067518 0
NOTARY PUBLIC CALIFORNIA
WITNESS my hand and official seal SAN DIEGO COUNTY
Commission Expires May 9,2018
Signature //lam (Seal)
ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS '
County of
On Cp- 2 (o— (,� , before me, �ae� , �1 m 0 h Notary Public, )
DATE f
personally appeared Ima-sl l V`C,� {�'�P who proved to me on the
basis of satisfactory evidence to be the person(s) whosl� name(s Is re subscribed the within Instrument
anal ac w edged to me that/she/they executed the
sat I�/her/their authorized capac>ty(Ies), and that
3 byh s/her/their signature(s) on the instrument the
pe-son(s), or the entity upon behalf of which the
person(s) acted, executed the Instrument.
ANGELA A. SIMON I c' rtify under PENALTY OF PERJURY under the
Coww.9 2009314 la s of the State of California that the foregoing
N NOi ' N pa agraph is true and correct.kw CONIT
W Con.EV Mu.2,2011
WITNESS my hand and official seal.
NOTARY'S SIGNATURE
PLACE NOTARY SEAL IN ABOVE SPACE
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