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2016-154676 r ` DOC# 2016-0154676 III I I IIII III IIII II I III I I I III I II IIII I I II Apr 05, 2016 03:43 PM RECORDING REQUESTED BY AND, ) Ernest OFFICIAL RECORD ug, Jr., WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER r FEES: $27.00 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.: 260-305-14 Project No: 12498-G/PM 5 Case No: 08-099 TPM/CDP This Agreement is entered into by and between MICHAEL JAMES CONWAY, AN UNMARRIED MAN ("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 1725 (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 a r 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: A"d' —6- 2- 7- MICHAEL JA ES CONWAY DATE (Notarization of OWNER signature is attached.) APPROVED BY CI OF ENCINITAS: � 3aci Masih Maher for Glenn Pruim DATE Director of Engineering and Public Works City of Encinitas Attachment "A" Attachment 'A" Legal Description of Real Property LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARDIFF,IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,AND IS DESCRIBED AS-FOLLOWS: PARCEL A: ALL OF LOTS "T' AND "K" AND THOSE PORTIONS OF LOTS "L "M", "N', AND "0" IN BLOCK 2 OF CARDIFF ACRES,IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 1680, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 191 5,LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF LOT "0" IN SAID BLOCK 2 OF CARDIFF ACRES, MAP NO. 1680,DISTANT ALONG THE SOUTHERLY LINE SOUTH 89°08" EAST,93.50 FEET FROM THE SOUTHERLY CORNER OF SAID LOT THENCE IN A STRAIGHT LINE TO THE NORTHWESTERLY CORNER OF LOT "B" IN BLOCK 3 OF SAID MAP NO. 1680, NORTH 29° 17' 08" WEST 514.63 FEET (RECORD NORTH 28° 44' 13" WEST 514.41 FEET). EXCEPTING FROM LOTS"L"AND"M"THE WESTERLY 125 FEET THEREOF. ALSO EXCEPTING FROM LOTS "J"AND"K"THE NORTHERLY 60 FEET OF THE WESTERLY 90 FEET AND THE SOUTHERLY 72 FEET OF THE WESTERLY 97 FEET. PARCEL B: VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AND UTILITY SERVICE, INCLUDING BUT NOT LIMITED TO WATER, SEWER, GAS, ELECTRIC, TELEPHONE AND CABLE OVER, UNDER, ACROSS THE SOUTHERLY 16.00 FEET OF THE WESTERLY 97 FEET OF LOTS "J" AND "K" IN BLOCK 2 OF CARDIFF ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1680, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. EXCEPTING THEREFROM THE NORTHERLY 60 FEET OF SAID LOT"K". APN: 260-305-14-00 California Acknowledgment Form A notary public or other officer completing this certificate verifies only the identity of t.hc individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that doctnnent. State of C1I1 1I11Ft SS. County of -� On befor e, Arthur P.Arquilla,Notary Public v � �� /- ere insert name and title of the officer) personally app aced ! S G� who proved to me on the basis of satisfactory a ence to-he the person(s)whose name( Is re subscribed to the within instrument and ackno ged to me tha he he/they executed the same I i er/their au- thorized capacity(ies), and that b his/ er/their signat e(s) on the instrument the persoksr, or the entity upon behalf of which the person(s cted, 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. Seal WITN�SS my han and official seal. ARTHUR P. ARQUILLA u, commission Commission No 2051358 0 J NOTARY PUBLIC-CALIFORNIA N Signature of NSAN DIEGO COUNTY Expires,January 7,2018 Optional Information To help prevent fraud,it is recommended that you provide information about die attached document below. ***This is not required under California Slatc notary public law.*** Document Title: It of Pages: Notes 4 n�ntar t,t� C�inN,.�•,,, t„ r5Z5Za)1Ai_1077 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 so\Y\ bi mc) SS. On r j 'Z�i—�� � , before me, S) Notary Public, DATE \ personally appeared CtS Yl M0.h 't 1� ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed o the within instrument and ackpctwledged to me tha he he/they executed the sa I his her/their authorized capacity(ies), and that b hi /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.#MSM4 s NOTARY DIEGO COUNTY 207 N I certify under PENALTY OF PERJURY under the SAN DIEGO COUNTY MY COIIN.Exp.MAR.2.20+� laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Ckv,ao -_ - sz��� 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 TrrLE(s) PARTNER(S) ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT L NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF s SIGNER o a 0 APAOU2015 NOTARYBONDS,SUPPLIESANDFORMSATHTTP://WWW.VALLEY-SIERRA.COM ©2005-2015 VALLEY-SIERRA INSURANCE