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2018-410559 ' DOC# 2018-0410559 II VIII VIII IIII III I II II VIII III IIII III I III II II RECORDING REQUESTED BY AND, Oct 02, 2 OFFICIAL L R 04:08 PM RECORDS WHEN RECORDED MAIL TO: ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) CITY CLERK ) CITY OF ENCINITAS ) PAGES: s 505 SOUTH VULCAN AVENUE ) ENCINITAS, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE PRIVATE SEWER EJECTOR PUMP MAINTENANCE AGREEMENT A.P.N.: 261-053-19 Grading.Plan: 13906-G Address: 2334 Newcastle Avenue Case No: 18-045 DR/CDP �u This Agreement is entered into by and between 2334 Investments, LLC, A California Limited Liability Company ("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 Westlake Street (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 Y 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. AGRE AND A PTED BY: Ryan man, lana er Date �9 / (Notarization of OWNER signature is attached.) APPROVED BY CITY OF ENCINITAS: Christopher L. Magdosku Date City Engineer- Development Services Department City of Encinitas i 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 Sc v, T)1 C-=A o SS. Ij On �'�U s�� D , before me, 6D ` ie,,L 4 . Y"o n ,Notary Public, DATE personally appeared n 6 Y1Y1c-y-) ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ re subscribenhe/)t]he/they e within instrument and ac edged to me tha executed the sa . his er/their authorized capacity(ies), and that b his er/their signature(s) on the instrument the ANGELA A. SIMON person(s), or the entity upon behalf of which the Comm.#2182396 rA person(s) acted, executed the instrument. NOTARY PUBLIC-CAUFORNIA N SAN DIEGO CWM ate* Nr Comm.UP.MAP-2 2021 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. PLACENOTARY SEAL INABOVE 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 OFATTACHED DOCUMENT M INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR F] SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT r OF E SIGNER 0 a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE 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 LC _n D�p SS. On _02� �� , before me, S MOn ,Notary Public, DATE personally appeared Cy')r i S 6�"r L P�A,�OS�<y ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/ re subscribed the within instrument and ackn ged to me tha he he/they executed the sam is er/their authoriz capacity(ies), and that by is r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the a ANGELA A. SIMON person(s) acted, executed the instrument. �4 Comm�2182386 NOUR o ec c +O�"A - I certify under PENALTY OF PERJURY under the �, � tdr Court.EXP.MAR.2,2021 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 F1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT F1 PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS F1 OTHER: OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT L NAME OF PERSON(S)OR ENTITY(IES) THUMB RINT 0 SIGNER 0 a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://V,WW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE i Attachment "A" Legal Description of Real Property LOTS 12 AND 13 IN BLOCK 17 OF CARDIFF, IN THE CITY OF ENCINITAS, 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 ON NOVEMBER 14, 1910. n Sly o No.7655 a '�'or+ce °F