2017-508398 DOC# 2017-0508398
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Oct 31, 2017 04:21 PM
RECORDING REQUESTED BY AND, ) OFFICIAL RECORDS
WHEN RECORDED MAIL TO: Ernest J. Dronenburg, ,h,
SAN DIEGO COUNTY RECORDER
1 FEES. $24.00
CITY CLERK )
CITY OF ENCINITAS ) PAGES 4
505 SOUTH VULCAN AVENUE )
ENCINITAS, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
PRIVATE SEWER EJECTOR PUMP MAINTENANCE AGREEMENT
3�g A.P.N.: 264-160-22✓ Permit No: 13538-G
Case No: NA
This Agreement is entered into by and between Kevin R. Dalzell and Christina M.
Dalzell, Trustees of the 2017 Kevin R. Dalzell and Christina M. Dalzell Revocable Trust
dated August 8. 2017 ("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
Vacant Brookside Lane (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 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 AC Q BY:
K alzell EyL�k'-7 /LZ��e �
Christinct Dalzell
APPROVED BY CITY OF ENCINITAS:
i lO o�3 /
Ct^hs9� wr L. M ko Date
City Eng neer
City of Encinitas
EXHIBIT"A"
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
THE NORTHERLY 2.00 ACRES OF THAT PORTION OF COLONY OLIVENHAIN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY,JULY 8, 1885, DESCRIBED IN FULL AS FOLLOWS:
LOT 91 AS SHOWN ON SAID MAP,TOGETHER WITH THAT PORTION OF THE EASTERLY HALF OF"N"
STREET AS SHOWN ON SAID MAP,WHICH ADJOINS SAID LOT 91 ON THE WEST, TOGETHER WITH THAT
PORTION OF THE WESTERLY HALF OF"0" STREET, AS SHOWN ON SAID MAP, WHICH DOES NOT LIE
WITHIN LOT 17 OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY,JULY 27, 1898, AND WHICH ADJOINS SAID LOT 91 AND SAID PORTION OF 13TH STREET ON THE
EAST.
APN: 264-160-22-00
ALL PURPOSE ACKNOWLEDGMENT
A notary public officer 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 }SS
County of }SS
On U� 1 A:: me,�a- 1�u �A t
1 `�/� "�" (here insert name and ti a of the o er)
personally appeared y�y Vi n lla- q oi IZe- 1 i
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
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing is true and correct.
WITNESS my hand and official seal JULIE L.WOOD
Notary Public -California
i Willy San Diego County i
,1 z Commission•2144778
ure
ti�V ` Comm.Expires Mar 30,2020
Signa +
(SEAL)