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2015-177068 DOC# 2015-0177068 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII Iltl IIII Apr 14, 2015 04 38 PM D RECORDING REQUESTED BY AND, ) OFFICIAL RECORDS / WHEN RECORDED MAIL TO: Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER C ) FEES $29 00 CITY CLERK ) CITY OF ENCINITAS ) 505 SOUTH VULCAN AVENUE ) ENCINITAS, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE A PRIVATE SEWER EJECTOR PUMP MAINTENANCE AGREEMENT ITV"� ✓ APN: 264-451-12 Grading Plan: 11171-G This Agreement is entered into by and between JERRY M. HUGHES AND BARBARA HUGHES 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 3741 Fortuna Ranch Rd., APN 264-451-12 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: Je VU ghe er D e Barbara Hughes, Ow er Date (Notarization of OWNER signature is attached.) APPROVED BY CITY OF ENCINITAS: AA AIA 0J"_ 4/a/ 1 5 Masih Maher for Glenn Pruim Date Director of Engineering and Public Works City of Encinitas EXHIBIT "A" LEGAL DESCRIPTION OF REAL PROPERTY PARCEL 1 OF PARCEL MAP NO. 7904, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 5, 1978 AS FILE NO. 78-425598 OF OFFICIAL RECORDS. AW Oft4- LES SEAN C. hdGLERT, L.S. 7959 DATE L.S. 7959 COASTAL LAND SOLUTIONS. INC. fir �r 0W c�L SHEET I OF 1 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 Calif a County of 5� 01= } APE ND ,I J�On U before me, Taji� o UAJ {insert name and title of We officer personally appeared �C-KK tk46w , Bjrhyu Likv who proved to me on t e basi of sati'sfattbry evidence to be the person( hose name(s)is r subscri the within instrument and acknowledged to that he/she/ a executed the same in his/he thei authorized capacity(ies), and that by his/he the' signatures)on the instrument the person , 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. TALISHA LAFAYE ST.JOHN Coaftssion#2083975 WITNESS my hand and official seal. Notary Public-California San Diego County Mv Comm Wim Sep 28 2018 Signatur _ _ (Seal) ALL-PURPOSE ACKNOWLEDGMENT FA notary public or other officer completing this 3 certificate verifies only the identity of the individual who signed the document to which this Certificate is attached, and not the truthfulness, accuracy, or j validity of that document. State of California SS County of On 9— I LA--2-0 IS before me, MO n , Notary Public, DATE personally appeared !" Kl�S i 1�1 M ��"' ,who proved to me on the l basis of satisfactory evidence to be the person(s) whose name(s) is/ re subscribed the within instrument and ackn edged to me thahe/they executed the sam isker/their authorized capacity(ies), and that by is 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 Comm.#200934 N N NDUar PUBLIC.CKIFORNIA — I certify under PENALTY OF PERJURY under the $AN DIEGO COUNtt r, rrY caw.DIEGO z,2011 laws of the State of California that the foregoing 3 paragraph is true and correct. WITNESS my hand and official seal (A A jj - ///; . S�7n� PLACE NOTARN 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 PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS ) ❑ DATE OF DOCUMENT OTHER. OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF s SIGNER a F APAOL2015 NOTARN BONDS.SUPPLIES AND FORMS ATHTTP /WWW\ALLEN-SIERRA.C'OM 2005-2015VALLEN-SIERRA INSURANCE