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2019-127046 DOC# 2019-0127046 II I IIIII IIIII III I III I II I IIII III II II II I I I I II IIII Apr 09, 2019 04:08 PM RECORDING REQUESTED BY AND, ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER FEES: $32.00 (S132 Atkins: $0.00) CITY CLERK ) CITY OF ENCINITAS ) PAGES: 7 505 SOUTH VULCAN AVENUE ) ENCINITAS, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE PRIVATE SEWER EJECTOR PUMP MAINTENANCE AGREEMENT A.P.N.: 260-402-10 Grading Plan: 14070-G Address: 2112 Montgomery Avenue Case No: 18-115 V/DR/CDP This Agreement is entered into by and between Jeffrey M. Nett and Elisa H. Nett, Husband and Wife as to an undivided 50% Interest and Rai Investments, LLC, as to an undivided 50% Interest, as Tenants in Common ("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. F 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: Z — ( mod JeffrdM. Nett, Owner Date (74 Elisa H. Nett, Owner Date Rina Rai, Owner Date Rai Investments, LLC (Notarization of OWNER signature is attached.) 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 SAN DIEGO On FAXuw--� �u. 20\ Ci before me AARON MICHAEL RHINE, NOTARY PUBLIC (insert name and title of the officer) personally appeared .1 P NZN-\ a,c\ E l�5,, 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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AARON MICHAEL RHINE Commission #2142951 Z . Notary Public-California Z Z '' San Diego County r My Comm.Expi?es Feb 16,2020 Signature (Seal) I r ACKNOWLEDGMENT A notary public 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 Arizona ) County of Maricopa ) On this /j1A day of 2019, befor me, TRACY L. O'BRIEN. Notary Public, personally appeared A,11114 10TAy, who proved to me on the basis of satisfactory evidence to be e person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument the person, 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 Arizona that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Print Nan , ._,_. &z2e17 NOTARY PUBLIC My Commission Expires: TRACY C-A I N NOTARY PUBLIC•ARZONA if PA COUNTY D'/ OQ7 MY ION I ON N MY CO COMMISSI Xi5 I 6� EXPRES NOVEMBER OS,2022 APP OVED BY Y OF ENCINITAS: L'dgavrd J. Wimmer Date ` City-Engineer Development Services Department City of Encinitas Attachment "A" Legal Description of Real Property LOTS 3 AND 4 IN BLOCK 59 OF CARDIFF "A"., IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1334, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON May 12, 1911.- 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 s� D SS. On oy Da ' � � , before me, ,Notary Public, DATE personally appeared < 7Zc�1°�1 1 �►����L ,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 DEANA GAY person(s), or the entity upon behalf of which the �- COMM.#2206986 D person(s) acted, executed the instrument. Z - SAN DIEGO COUNTY D Qq r NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES I certify under PENALTY OF PERJURY under the AUG UST 23,2021 laws of the State of California that the foregoing paragraph is true and correct. WITNE y 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 OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT s NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT a OF E a r SIGNER o a 0 APA 0I/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://W W W.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE