Loading...
2019-51130 DOC# 2019-0051130 � } IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIl IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Feb 12, 2019 04:22 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., RECORDING REQUESTED BY AND, } SAN DIEGO COUNTY RECORDER WHEN RECORDED MAIL TO: ) FEES: $26.00 (SB2 Atkins: $0.00) } PAGES: 5 CITY CLERK ) 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.: 258-072-11 Grading Plan: 13758-G Address::529.Fourth Street Case No: 06-152 DRICDP This Agreement is entered into by and between Keith Harrison a married man as his sole and separate property ("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 529 Fourth 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 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: 2- G 1 ith Harris)D6, Owner Date (Notarization of OWNER signature is attached.) APPROVED BY CITY OF ENCINITAS: j�;_ A h/ 2 �I9 Edward J. Wi r Date City Engineer Development Services Department City of Encinitas 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 JoYk 'Di eq ) SS. On 69 —10— % , before me, AIAa4 of S f1tiO h ,Notary Public, DATE g personally appeared \°�'t,i �'�n kcL,('r Isis on ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(edged re subscribed t the within instrument and ackno to me tha&she/they executed the Sa is her/their authorized capacity(ies), and that by Fon(s),her/their signature(s) on the instrument the per or the entity upon behalf of which the person(s) acted, executed the instrument. te*°�•'� ANGELA A. SIMON o NO ARY 10111-1CALffOI"ll N_ I certify under PENALTY OF PERJURY under the alr co M.°EnaOuaR"i 2o2� laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. — a.4g4t=a S��_ e PLACE NOTARY SEAL IN ABOVE SPACE y 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 PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT a OF S r SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE ' o 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 C_-o'VA 1 SS. On _ — _W I cl , before me, 4 Opel a '� h , Notary Public, DATE personally appeared W' �"Y"''"`�� ,who proved to me on the basis of satisfactory evidence to be the person(s)whose name( Is/ re subscribed the within instrument and ackno ged to me that e he/they executed the sa is er/their authoriz capacity(ies), and that b hi he their signature(s) on the instrument the pe on(s), or the entity upon behalf of which the ANGELA A. SIMgN \ person(s) acted, executed the instrument. Comml2182396 in N r o NOTARY PUBLIC-CALIFORNIA r++ MY Comm.DID COUNTY UN 2021"0 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. 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 ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT r-1 OTHER: OTHER v SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT a SIGNER a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE r EXHIBIT"A" Legal Description of Property THE LAND REFERRED TO HERIN BELOW 1S SITUATED IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, AND IS DESCRIBD AS FOLLOWS: LOT 13 AND THE SOUTHERLY ONE-HALF OF LOT 4, BLOCK 29,OF ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 148, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 12, 1883. APN: 258-072-11-00