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2019-137708 y_ DOC# 2019-0137708 II II III I IIIII III I III II IIII III III III II II I i IIII Apr 16, 2019 04:13 PM OFFICIAL RECORDS Recording requested by: ) Ernest J. Dronenburg, Jr., Leucadia Wastewater District ) SAN DIEGO COUNTY RECORDER FEES: $29.00 (S132 Atkins: $0.00) When recorded mail to: ) PAGES: 6 Leucadia Wastewater District ) 1960 La Costa Avenue ) Carlsbad, CA 92009-6810 ) SPACE ABOVE FOR RECORDERS USE ONLY Private Pump Station Agreement Assessor's Parcel No.: 254-391-10-00 LWD Location Code: 1037 This Agreement is entered into by and between Tourmaline Properties, Inc. ("Owners") and the Leucadia Wastewater District, a governmental entity ("LWD") with reference to the following facts: A. Owner has fee title to the real property commonly known as 1112 Eolus Avenue, Encinitas, CA 92024 and more particularly described in Exhibit A, attached hereto and incorporated herein ("Property"); B. Owner desires an exception to the LWD Standard that generally prohibits use of private sewer pump stations, and LWD 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, manholes, 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 LWD, nor shall LWD 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 LWD and the plumbing and building code requirements of the jurisdictional city. 4) Owner acknowledges that a private sewer pump station may produce sewer gases which can lead to odor complaints and/or corrosion of sewer infrastructure. Owner Fonn 2016S Private Sewer Agreement for Private Purnp Stations Page 1 of 4 is solely and strictly responsible for prevention of odor generation resulting in odor complaints and/or sewer infrastructure corrosion as a result of sewer gases produced by the private pump station and private forcemain/lateral. 5) Owner acknowledges that a private sewer pump station 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 station located on private property. Owner hereby assumes the risk of any such sewage backflow possibility and agrees that LWD 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 LWD requirements: 1) the private sewerpump station 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 LWD District 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 pump stations, force mains, manholes, and gravity laterals to, and including, the physical connection to the public collection sewer. 6) Owner hereby agrees to hold harmless, defend and indemnify LWD, 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. Form 20165 Private Sewer Agreement for Private Pump Stations Page 2 of 4 AGREED AND ACCEPTED: Owner: Tourmaline Properties,Inc. Attn: Ben Ryan 2079 Garnet Avenue San Diego, CA 92109 (858) 799-1020 By: 3 /2,01 2,01 (Si ure of O ner)� Date By: Leucadi astew er District Date General Manager NOTARY REQUIRED Form 20165 Private Sewer Agreement for Private Pump Stations Page 3 of 4 EXHIBIT A LEGAL DESCRIPTION THE SOUTHEASTERLY 100 FEET OF LOT 10, BLOCK"E"IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, (MORE FULLY DESCRIBED IN GRANT DEED RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER IN BOOK 4515 AT PAGE 159 OF OFFICIAL RECORDS, JULY 3, 1952). Form 20165 Private Sewer Agreement for Private Pump Stations Page 4 of 4 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 1 County of J} On 2& before me, I , Date Here Insert Name and Title o the Oflrcer personally appeared RhIl J/-7 Name(s)of Signer(s) 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 C.BUCK laws of the State of California that the foregoing Notary Public-California San Diego County paragraph is true and correct. Commission A 2275148 My Comm.Expires Jan 14,2023 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc t J� n r��� Title or Type of Document: C•(�rC �/ Document Date: Number f Pages: Signer(s) Other Than Named Above: ��=�X (� '�yG(, �ll/�j:7+1 l C Capacity(ies) CI ed by Signer(s) Sig�r's Name: 1Q Signer's Name: t 'Corporate Officer—Title(s): — ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Repre enting: f 1 Signer is Representing: ©2017 National Notary Association 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 jaoQj'eGd ) On gmy B , golf before me, !' , Date Here Insert Name and Title o he Officer personally appeared &/ I &&Z Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ara- subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/her/their authorized capacity(ies), and that by his/ber/U*_4signature(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 paragraph is true and correct. TIANNE ELISE BAITY WITNESS my hand and official seal. I-O'NOTARY Commission No.2248754 > PUBLIC-cALIFORNtA v SAN DIEGO COUNN Commission Expires July 30,2022 Signature Signature of Not Pubic 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:Awk I( D- Document Date: Number of Pages: Signer(s) Other Than Na ed 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: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907