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2015-577744 Recording requested by: ) �� DOC# 2015-0577744 IIIIII VIII VIII 1111111111111111111111 City of Encinitas ) I IIIIII VIII VIII(IIII IIII Nov 04, 2015 04:15 PM When recorded mail to: ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City of Encinitas ) SAN DIEGO COUNTY RECORDER 500 N. Vulcan Avenue ) FEES: $30.00 Encinitas, CA 92024 ) PAGES: 6 Private Sewer Agreement for Joint Use Assessor's Parcel Case No. 15-120 PMW/CDP No. 260-266-04 This Agreement is entered into by and between James E. Lillie and Terri J. Lillie, Trustees of the Lillie Family Trust as to one-half interest and Kenneth C. Cooper and Linda Cooper, husband and wife, as to one-half interest ("Owner(s)") and the City of Encinitas Engineering Division, a governmental entity with reference to the following facts: A. Owners have fee title to the real property commonly known as 1673-1675 San Elijo Avenue, Cardiff by the Sea, CA 92075 and more particularly described in Exhibit A; attached hereto and incorporated herein("Property"); B. Owners desire by the request of the City of Encinitas Engineering Division to continue use of one existing sewer lateral that serves more than one legal unit, 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 privately owned sewer pipes and equipment serving, or constructed within, the Property, including, but not limited to, multi- unit sewer laterals, gravity laterals and the physical connection to the public collection sewer ("private sewer facilities"), shall remain with Owners. 2) Private sewer facilities shall not be dedicated to City of Encinitas Engineering Division, nor shall City of Encinitas Engineering Division 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 City of Encinitas Engineering Division and the plumbing and building code requirements of the City of Encinitas. Private Sewer Agreement For Multi-Unit Lateral Page 1 of 3 4) Owner acknowledges that multi-unit laterals inherently allow the possibility of one living unit causing downstream private sewer facility blockage, damage, or failure that may affect other upstream living units connected to the same private sewer facilities. Owner assumes the risk of any such blockage, damage, or failure and agrees that City of Encinitas Engineering Division is not responsible and/or liable in any such event. 5) Owner shall be solely responsible for any and all damage caused by private sewer facility blockage, damage, or failure regardless of cause, including multi-unit sewer laterals, and gravity laterals to, and including, the physical connection to the public collection sewer. 6) Owner hereby agrees to hold harmless, defend and indemnify City of Encinitas Engineering Division, 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. 7) 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. 8) 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: IpInes E. Lillie, Owner Date erri J. Lilli Owner Date /ou <S p 42ZA 22 Kenneth C. Cofer, Owner Date Lin a Cooper, Owner Date By: �- 1013011 -S Masih Maher Date Engineering Division City of Encinitas Private Sewer Agreement For Multi-Unit Lateral Page 2 of 3 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 OFS /J �r° ) On dRe O.- t /� before me, (2) a Notary Public, personally appeared E . V cue J� 1 A LLA,e who proved to me on the basis of satisfactory evidence to be the person&whose name( ' e subscribed to the within instrument and acknowledged to me that /slxt/t 1L:� executed the same in his/her/t ei authorized capacity, es , and that by I*slVr/4 signature(D on the instrument the perso l6), or the entity upon behalf of which the person(5 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. �S "��H�, WITNESS my hand and official seal. JON SCOTT.. �,�J Comm.1 2013593 ,A NOTARY PUBLIC-CALIFORNIA N SAN MOO COUNTY MT COAL EI►.JULY t, Signature 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 lh ) On 10•7 i2.1S before me, C1(k W a Notary Public, personally appeared VA44-t,E'Vt ks Cm y�,Li SAC T w o proved to me on the basis of satisfactory evidence to be the persono whose name() is/are subscribed to the within instrument and acknowledged to me that he/she/ Ze ) executed the same in his/her/l� authorized capacity('es , and that by his/her/tjeir ignature(iP on the instrument the person gor the entity upon behalf-of which the persono 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. r WITNESS my hand and official seal. 1�IIC�1/IN 02119 41 CM�MNM�:/INN $111111aw < *my CND.flow Jd 11,ZOt! Signa Private Sewer Agreement For Multi-Unit Lateral Page 3 of 3 EXHIBIT "A" LOT "D" IN BLOCK 76 OF CARDIFF VILLA TRACT, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICEOF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 10, 1912. ,.AND ACES -j-w -Z� SEAN C. L.S. 7959 GLERT, L.S. 7959 DATE m COASTAL LAND SOLUTIONS, INC. r 4 QF cA SHEET 1 OF 1 ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this Certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Say) pl-�gG SS. On 10— ?>O— Z01 S , before me, i M 0 P ,Notary Public, DATE personally appeared l eg° PA o-k-e ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s fedged re subscribed the within instrument and ackn to me tha e she/they executed the sam I r/their authorize capacity(ies), and that by is her/their signature(s) on the instrument the per n(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANGELA A. SIMON I certify under PENALTY OF PERJURY under the N Comm-$ 2009314 N Y • NOTARY PUBLIC•CALIFORNIA _ laws of the State of California that the foregoing SAN DIEGO COUNTY MY Comm.EXP.MAR.2,2017 ^� paragraph is true and correct. WITNESS my hand and official seal. 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) PARTNER(S) F] ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT Ej OTHER: OTHER v a, SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT s NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT D OF t SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIESANDFORMSATHTTP://WWW.VALLEY-SIERRA.COM ©2005-2015 VALLEY-SIERRAINSURANCE NOTARY SEAL CERTIFICATION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: C Commission Number: ���%� Date Commission Expires. ��1,5 County Where Bond is Filed: Manufacturer or Vendor Number: (Located on both sides of the notary seal border) r Signature: Firm Name (i ap icable) Place of Execution: _ __ Date: ReC Form#R10.1(Rev.6/11/03)