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2014-424014 D O C ## 201 4-042401 4 11111111 111111111111111111111111111 1 11111111111111 IN RECORDING REQUESTED BY AND, ) SEP 30, 2014 3:67 PM WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ' C CITY CLERK ) Ernest J Dronenburg,Jr,COUNTY RECORDER FEES 31 00 CITY OF ENCINITAS ) PAGES: 6 505 SOUTH EN C I N I AS, CA 9202AVENUE V S1 V PRIVATE SEWER EJECTOR PUMP AGREEMENT \\\ A.P.N.: 259-221-37 Permit No: 14-1522 Case No: N/A This Agreement is entered into by and between Robert S. Kuzman and Jennifer L. Kuzman, 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 254 Winterhawk Lane (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 ACCEPTED BY I —[ [t Li ROBERT KUZMAN DATE A k )2 al -7 1 2-0 (L-( N ER L. K ZMAN DATE (Notarization of OWNER signature is attached.) APPROVED BY CITY OF ENCINITAS: All /l/� a/ t7 / 14 Masih Maher for Glenn Pruim DATE Director of Engineering and Public Works City of Encinitas Attachment "A" Legal Description of Real Property PARCEL A: PARCEL 2, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 2235 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 10, 1974. ALL-PURPOSE ACKNOWLEDGMENT F 7Ca SS. q , before me, I TY 16"E � _ r S I Y- 1 O l') , Notary Public, n personally appeared ob�Y' S. 4 7 e n n l �cr' j 2 M et-pl,who proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/ re ubscribed to the wrt in Instrument and acknowledge me that he/she/ ey executed the same in his/he eir authorized capacity(ies), and that by his/her/ ereg ature(s) on the Instrument the person(s), or ity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the ) „ ANGELA A. SIMION laws of the State of California that the foregoing ) CoMM.t 2009314 ap (� @My NOTARY 0ut_WORNIA paragraph is true and correct. SAN DIEGO COUNTYY Cow.EIIv MAR.2.2011 ) WITNESS my hand and official seal. ) 64.—" &- S( �' ��_ NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE 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 ❑ PARTNER(S) TIT LE(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) s RIGHT THUMBPRINT L OF s SIGNER a APA 1/3013 NOTARY BONDS.SUPPLIES AND FORMS ATHTTP://W'Wlk VALLEY-SIERRA.COM C 3005.3008 VALLEY-SIERRA INSURANCE ALL-PURPOSE ACKNOWLEDGMENT State of California County of S�Y� �1 e0�� SS On 9— r-1— ZQ 1 y V before me, �t� 1i - Si yY0pj , Notary Public, DATE personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s I�are subscribed the within Instrument and ac dged to me that le she/they executed the sam hI her/their authorized capaclty(Ies), and that by Is er/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 ANGELA A. SIYON laws of the State of California that the foregoing N No.ommJ 2.00931 IA paragraph is true and correct. SAN DIEGO Count' Mr COW.UP VAA.4,1011 l WITNESS my hand and official seal. NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE 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 PARTNER(S) TITLE(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) L RIGHT � THUMBPRINT g OF L SIGNER o a 0 F APA 1/2012 NOT-M BONDS,SUPPLIESANDFORNISATHTTP://WWWVALLEN-SIERRA.COM C'-_005-2008VALLEN-SIERRAINSURANCE