2018-131592 DOC# 2018-0131592
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RECORDING REQUESTED BY AND, ) Apr 03, 2018 04:26 PM
WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
CITY CLERK ) FEES: $101.00 (S132 Atkins: $75.00)
CITY OF ENCINITAS )
505 SOUTH VULCAN AVENUE ) PAGES: 5
ENCINITAS, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
PRIVATE SEWER EJECTOR PUMP MAINTENANCE AGREEMENT
r A.P.N.. 261-053-06/, -07 Project No: 13716-G
Address: 2329-2333 Newcastle Avenue Case No: 17-081 CDP
This Agreement is entered into by and between Martin McComas and Lynn McComas,
Trustees of the McComas Family Trust 1999 ("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 2329-2333 Newcastle
Avenue 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
ATTACHMENT "A"
LEGAL DESCRIPTION OF REAL PROPERTY
THE REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBEJ)AS: LOT 39 AND 40 OF BLOCK 16 OF
CARDIFF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY,NOVEMBER 14, 1910.
D art
No.7066
CA
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.
AG EED AND ACCEPTED BY:
Mmall Comas Date
c
Lynn Mc omas Date
(Notarization of OWNER signature is attached.)
APPROVED BY CITY OF ENCINITAS:
Christopher L. Magdosku D e
City Engineer- Development Services Department
City of Encinitas
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State of California }
County of San Diego }
On before me, Naomi Benavides Ramos, Notary Public ,
ere insert name and til o e o tcer
personally appeared MMI n NVIR L ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(4) is/n subscribed to the within instrument and acknowledged to me that
he/she/to executed the same in his/her/ttg his/her/t authorized capacity(, and that by
his/her/t a signatureo) on the.instrument the person so, or the entity upon behalf of
which the person(§) 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.
Naomi Benal ides Ramos
WITNESS my hand and official seal. N ex.-„ COMM.PUBLIC#2085787 CALIF
� NOTARY PUBLIC •CALIFORNIA�
SAN DIEGO COUNTY-
mn� 1 Commission Expires Nov 8,2018
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State of California )
County of V"
On 9 - 2- -201 before me, iz�m ela R . J1 mc r) ilC
Date 1 Here Insert Name nd Tie of the Offic r
personally appeared L.• Men o5
Name(s) of Sign s)
who proved to me on the basis of satisfactory evidence to bet erson(s) whose name(s)gare
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entity upon behalf of which the person(s ed, 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.
y� ANGELA A. SIMON WITNESS my hand and official seal.
4 Comm.#2t82396 +A
p NOTARY PUBLIC-CAUFORNIA ='
SAN DIEGO COUNTY
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