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2018-185305 DOC# 2018-0185305 IIIII III I IIII IIII IIII II I IIII IIII II II IIII II II I I III May 08, 2018 03:48 PM RECORDING REQUESTED BY AND, ) OFFICIAL RECORDS WHEN RECORDED MAIL TO: ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $32.00 (S132 Atkins: $0.00) ) CITY CLERK ) PAGES: 7 CITY OF ENCINITAS ) 505 SOUTH VULCAN AVENUE ) ENCINITAS, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE PRIVATE SEWER AGREEMENT FOR JOINT USE A.P.N.: 260-266-02 Grading Plan: NA Address: 1659 San Eliio Avenue Case No: 17-143 PMW/CDP This Agreement is entered into by RANDI SWANNER AND CHRISTOPHER SWANNER Trustees of the Swanner Living Trust, dated September 16, 2016 an undivided 50% and RICHARD BODNAR a married man as his sole and separate property, and undivided 50% ("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 1659 A & B San Elijo Avenue, Encinitas, CA 92024 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. Private Sewer Agreement For Multi-Unit Lateral 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. 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: 6,/, - '_-:;/? j 6/,JO Randi Swanner, Trustee Date Christo 9F r, Trustee Date Richard Bodnar, Owner Date Private Sewer Agreement For Multi-Unit Lateral c By: Christoph L. Magdosku Date Engineering Division City of Encinitas Private Sewer Agreement For Multi-Unit Lateral 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 �,, 01��1 ) On Ma,4 ZG Zg 15 before me, �-,RLt;L( C. a Notary Public, personally appeared ".$Q„ , who proved to me on the basis of satisfactory evidence to be the person(p) whose name(4g) is/aye subscribed to the within instrument and acknowledged to me that he/ske/t#ey executed the same in his/Vr/tt*r authorized capacity(ieg), and that by his/hef4heir signaturefs) on the instrument the person(s), or the entity upon behalf of which the personas) 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. GABRIEL C. DATTE WITNESS my hand and official seal. COMM. #215. z Notary Public- California o ! z eSan Diego County Signature �-�� C, ��� My Comm.Expires June 21,2020 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 '!S2,t On mv c(„ 7=(4 2-o(f6 before me, (-7(4L,.A L_ �•?a k*- a Notary Public, personally appeared R4,%d i L . , who proved to me on the basis of satisfactory evidence to be the person() whose name(p) is/.�fe subscribed to the within instrument and acknowledged to me that lye/she/try executed the same in "/her/their-authorized capacity(ios), and that by Vs/her/their signatures) 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 paragraph is true and correct. WITNESS my hand and official seal. GABRIEL C. DATTE /� I 'Y COMM. #2157462 z Signature `544) ( C. f!�u+'� Z` � Notary Public California o Z'���- �' San Diego County • „oa My Comm.Expires June 21,2020 Private Sewer Agreement For Multi-Unit Lateral A notary public or other officer completing this certificate verifies only the CALIFORNIA ALL-PURPOSE identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, it validity of that document. CERTIFICATE-OF State of California ) ACKNOWLEDGMENT County of San Diego ) On Mq 7e, Zof 9 before me, Gabriel C. Datte, Notary Public (here insert name and title of the o cer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(4 whose nameM is/afe subscribed to the within instrument and acknowledged to me that he/sl sy executed the same in his/hefi4fieir authorized capacity(iZ), and that by his/f 4;Ueir signature.(ss) on the instrument the person(q)'; or the entity upon behalf of which the personal 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. >w°• GABRIEL C. DATTE WITNESS my hand and official seal. o COMM. ##2157462 z _ Notary Public- California O Z" o San Diego County Comm.Expires June 21,2020 Signature (= <=.e_l C —y7 (Seal) OPTIONAL INFORMATION Although the informotion in this section is not required by law,it could.prevent fraudulent removal and.reottachment of this acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of "atr � Proved to me on the basis of satisfactory evidence: Lo form(s)of identification Q credible witness(es) Notarial event is detailed in notaryjournal on: containing pages,and dated _ (.– Al – I Page a Entry 4 The signer(s) capacity or authority is/are as; Notary contact: ❑ Individual(s) Other. ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) I Title(s) L-1 ❑ Guardian/Conservator ❑ Partner-Limited/General ❑Trustee(s) I ❑ Other: --- -- - ;1 representing: Name(s)o(Person(s)or Entity(ies)Signer is Representing ¢+Copyright 2007-2014 Notary Rotary,Inc.Po Box 41400,Des Moines,IA 50311-0507. All Rights Reserved Item Number 101772 Please contact your Authorized Resell er to purchase copies o`this form. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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) c 1 r On S— �— before me, 2lC` !%%cn 1 n c4 o- P b 11 C , Date Here Insert Name and Title of 1he Officer personally appeared 5� f�h� L• NA,0.aA©S k U Name(s) o Signer(s) who proved to me on the basis of satisfactory evidence to be th person(s) whose names is re scribed to the within instrument and ackno edged to me that(�ie�/she/they executed the s e in his her/their authorized capacity(ies),and that b hi her/their signature s)on the instrument the person(s), r 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 paragraph IMON is true and correct. Aromm 2182396 10 WITNESS my hand and official seal. o NOTARY PUBUC•CAUFORNIIA ` N SAN DIEGO COUNTY YY Comm.EXP.11AR,2,!Eli Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT "A' LEGAL DESCRIPTION LOT F IN BLOCK 76 OF CARDIFF VIA TRACT, ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 10, 1912. Private Sewer Agreement For Multi-Unit Lateral