2016-4130 t
DOC# 2016-0004130
II I IIII IIIII III I IIII I II I IIIII Iltt II I IIIII IIIII I IIII IIII
Jan 05, 2016 03:47 PM
RECORDING REQUESTED BY AND, OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
C O WHEN RECORDED MAIL TO: j SAN DIEGO E OUN$2 R0oECORDER
1 CITY CLERK ) PAGES, 5
CITY OF ENCINITAS )
505 SOUTH VULCAN AVENUE )
ENCINITAS, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
PRIVATE SEWER EJECTOR PUMP MAINTENANCE AGREEMENT
A.P.N.: 260-074-02 Grading Plan: 12620-G
Case No: 14-240 CDP
This Agreement is entered into by and between Bruce N. Hall, a married man as his
sole and separate property, ("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 1325 Rubenstein Ave.
(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 parry 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:
4""'_ A. '4WJ iar 26 s
Bruce N. Hall, Owner
Dat4
(Notarization of OWNER signature is attached.)
APPROVED BY CITY OF NCINITAS:
12 121
Masih Maher for Glenn Pruim Date
Director of Engineering and Public Works
City of Encinitas
. .
A notary public or other officer completing this
certificate verifies only the identity of the
State of California
indi idual who signed the document,to which this
rtificate is attached,and not the truthfulness,
County of �Dj%F!2 b cev accuracy,or validity of that document.
On before me,
personally appeared C 95-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is ----------------- --
true and correct. RICHARD A. ROGERS
SAN DEGO COUNTY
COWMW EXI*ft JAN 3.2018
OPTIONAL INFORMATION
Description of Attached Document
The preceding Certificate of AcknovAedgment is attached to a Method of Signer Identification
document titled/for the purpose of P41M Proved to me on the basis of satisfactory evidence:
form(s)of identification []credible vvitness(es)
containing Z-Rages, and dated Notarial event is detailed in notary journal on:
The signer(s) capacity or authority is/are as:
El Individual(s) Notary contact:
Other
El Corporate Officer(s)
Tffle(s) EJ Additional Signer EJ Signer(s)Thumbprints(s)
El Guardian/Conservator
E-1 Partner-Limited/General
El Trustee(s)
0 Other:
do
0 2009-2012 Notary Learning Centcr-All R,ghts Reserved
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 � ( V-) SS.
Sf YTIC Public,
On � � � � — 20 5( , before me, � Notary
DATE 1-
personally appeared �Ci.S i Y 1 l'� �(� V l P�{�_ ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose names is are subscribed the within instrument
and ac ledged to me that Ije she/they executed the
sam hi her/their authorized capacity(ies), and that
by P/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
ANGELA A. wqN person(s) acted, executed the instrument.
CoMM.#2009314 ►n
N s NOTARY PUBLIC-CALIFORNIA ='
SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the
My comm.E><P.MAR,2,2017
laws of the State of California that the foregoing
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
PARTNER(S) TITLE(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
❑ SUBSCRIBING WITNESS DATE OF DOCUMENT
OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT s
NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT a
OF
SIGNER o
a
0
APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS ATHTTP://WWW.VALLEY-SIERRA.COM 02005-2015VALLEY-SIERRAINSUPANCE
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
APN 260-074-02
REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT 4 OF RIDGEWAY HEIGHTS, ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 3, 1929.
EXCEPTING THEREFROM THE NORTHWESTERLY 90 FEET OF LOT 4 OF RIDGEWAY HEIGHTS, THE
SAID NORTHWESTERLY 90 FEET BEING A LINE DRAWN PARALLEL WITH AND DISTANT 90 FEET
SOUTHEASTERLY MEASRUED AT RIGHT ANGLES FROM THE NORTHWESTERLY LINE OF SAID LOT
4.
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