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
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