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2015-59145 DOC# 2015-0059145 Feb 10, 2015 04 31 PM RECORDING REQUESTED BY AND, ) OFFICIAL RECORDS WHEN RECORDED MAIL TO, ) Ernest J , SAN DIEGO COOUNTY UNTY RECORDER FEES $2900 CITY CLERK ) CITY OF ENCINITAS ) 505 SOUTH VULCAN AVENUE ) ENCINITAS, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE �V PRIVATE SEWER EJECTOR PUMP MAINTENANCE AGREEMENT ✓ APN: 256-171-16 Grading Plan: 12113-G Case #: 14-216 CDP This Agreement is entered into by and between NEW POINTE INVESTMENT 28 LLC, A CALIFORNIA 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 596 Union St., APN 256-171-16 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. R A DA PTED BY: S of q. Sa strom Date an er f r New ointe Investments 28, LLC 7 (Notarization of OWNER signature is attached.) APPROVED BY CITY OF ENCINITAS: /l,/] /I/] z �11f) Masih Maher for Glenn Pruim Date Director of Engineering and Public Works City of Encinitas Attachment "A" Legal Description of Real Property PARCEL 1 OF PARCEL MAP 16868, RECORDED IN THE BOOK OF MAPS AS FILE NO. 92-352502 ON JUNE 5, 1992 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. A notary public or other officer completing this certificate verifies only the CALIFORNIA ALL-PURPOSE identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. CERTIFICATE O F State of California ) ACKNOWLEDGMENT County of dun On 7 I -5 before me _ �►u— V Q r r (here insert name and title of the officer) 1 personally appeared �j CO �' S4 r" S )10 � who proved to me on the basis of satisfactory evidence to be the person(*whose name('s) is/are subscribed to the within instrument and acknowledged to me that he/*e/they executed the same in his/hoer/t1*r authorized capacity(iw�s), and that by his/hOT/this it signature(o on the instrument the persons 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. ADRIA VIDAURRI o COMM. 02054328 z Notary Pubil •Calftnia c Z San Di o County WITNESS my hand and official s al. n' Jen.$,2018 i Signature (Seal) OPTIONAL INFORMATION I Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document Additional Information The preceding Certificate of cknowledgment is attached to a document Method of Signer Identification titled/for the purpose of �r 4 }e 5���r J e Proved to me on the bads of satisfactory evidence: _' form(s)of identification C credible witness(es) V ✓1i� —, - Notarial event is detailed in notary journal on. j containing pages, and dated Page# Entry# _ The signer(s) capacity or authority is/are as Notary contact Individual(s) Other ❑ Attorney-in-Fact E] AddiLOnalSigner(s) E] Signer(s)Thumbprint(s)El Corporate Officer(s) ✓� `� nde(s) ❑ ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other representing Name(s)of Person(s)or Entity Oes)Signer is Representing ©Copyright 2007-2014 Notary Rotary Inc PO Box 41400,Des Moines,IA 50311-0507 All Rights Reserved Item Number 101772 Please contact your Authorized Reseller to purchase copies of this form ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this Certificate is ) attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SS On _ 6 Zo l 5 before me, ry-1 On , Notary Public, DATE /�n personally appeared / y \ 1 Y� / " `a-k er who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)me subscribed the within instrument and ackn ledged to me that/she/they executed the sa W/her/their authorized capacrty(ies), and that by (ht)/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the @ANGELA A, SIMON person(s) acted, executed the instrument. Co wtrrt.#2009314 NOTA RY PUBIC-CAUFORNUI SAN COUNTY MY Comm UP MAR.2,20iT y I certify under PENALTY OF PERJURY under the ExP '' cer laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. "d& rA,,L PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE 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)PARTNERS) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT ❑ OTHER. OTHER ti SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMB RINT L SIGNER a 0 E- APA01 2015 NOTARN BONDS,SUPPLIESAND FORMS AT HTTP WWw V.ALLEN-SIERRA.COM c 2005-2015 VALLEY-SIERRA INSURANCE