2014-387900 DOC ## 201 4-0387900
IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IN
RECORDING REQUESTED BY AND, )
SEP 09, 2014 4:36 PM
WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J DronenbWg,Jr,COUNTY RECORDER
CITY CLERK ) FEES 28.00
CITY OF ENCINITAS ) PAGES: 5
505 SOUTH ENCII N ITAS, CA 92024 AVENUE
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PRIVATE SEWER EJECTOR PUMP AGREEMENT
A.P.N.: 258-343-27 Project No: 11973-G
Case No: 14-049 CDP
r
This Agreement is entered into by and between DG PROPERTIES FUND, LLC A
DELAWARE LIMITED LIABILITY COMPANY ("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
1130 Stratford Drive (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 City is willing to grant the exception,
subject to the terms and conditions of this Agreement,
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 maintenance 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 and 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 be 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 caused 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 ACCEPTE BY.
-7 -' Lt
KEVI LZE DATE
FORACI PROP D, LLC
(Notarization of OWNER signature is attached.)
APPROVED BY CITY OF ENCINITAS:
AA • /\/_N 9 / Z / 1 4
Masih Maher for Glenn Pruim DATE
Director of Engineering and Public Works
City of Encinitas
ATTACHMENT "A"
LEGAL DESCRIPTION OF REAL PROPERTY
NORTH Y2 OF LOT 4, BLOCK 'D', ENCINITAS HIGHLANDS, ACCORDING TO MAP
THEREOF NO. 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 4, 1928.
APN: 258-343-27
ACKNOWLEDGMENT
State of California
County of
I LA (On before me, <0-
A Notary Public in and for said State personally appeared Kt v t vi Uc 2e
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.
WITNESS my hand and official seal
; .., KARYN DILLON
Commission # 1916063
Notary Public-California Z
z v.- Z
San Diego County S ignature D
'��'My Comm Expires Dec 9, 2014
^++1++.
(Seal)
ALL-PURPOSE ACKNOWLEDGMENT
State of California
c� SS.
County of ` Y�� �(�QC� 1 7
On 9 _ before me, A�op- c�_ A • S 1 ✓Y\ 6n , Notary Public, )
DATE nI
personally appeared M C�S� �1 I v\G.h� 'who proved to me on the
bass of satisfactory evidence to be the person(s) whose name(s) is/ re subscribed the within instrument
and ackn ledged to me that(Wshe/they executed the
sam �er/their authorized capacity(ies), and that
by hi er/their signature(s) on the Instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
ANGELA A. SIMON
N Comm.$2009314
NOTARY Pt"-C"O" I certify under PENALTY OF PERJURY under the
my Co",,.E0�i 207 � laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
)
) NOTARY'S SIG ATURE
)
PLACE NOTARY SEAL IN ABOV E SPACE
OPTIONAL INFORMATION
The information below Is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL }
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT }
❑ TITLE(S) }
PARTNER(S)
❑ ATTORNEY-IN-FACT
NUMBER OF PAGES
❑ TRUSTEE(S)
GUARDIAN/CONSERVATOR
❑ OTHER. DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: }
NAME OF PERSON(S)OR ENTITY(IES) }
RIGHT � )
THUMBPRINT g
OF s )
SIGNER
a
0
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