2020-7853 • DOC# 2020-0007853
II I I III I I III i II II IIII II III I I I II II
RECORDING REQUESTED BY AND, ) Jan 07, 2020 03:47 PM
WHEN RECORDED MAIL TO: OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $26.00 (S132 Atkins. $0.00)
CITY CLERK ) PAGES 5
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.: 260-412-34 Grading Plan: NA
Address: 2148 Glasgow Avenue Case No: 18-007 PMW/CDP
This Agreement is entered into by Michael Wallace, Trustee of the Michael
Wallace Trust Dated June 26, 2017 ("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 2148
Glasgow 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.
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
Private Sewer Agreement For Multi-Unit Lateral
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 EPTE
G G;G�y-lam" T.P '��✓6�'L�Z�i�/�
I
Michael Wallce, Trustee Date
By. l 3
Edward J. er Date
Engineerin Y' as vision
City of En '
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�-'�'�M�(�4v )
O �C a °��I before me, A, v �'SVA� , a Notary
Public, personally appeared CN ►tZ lip« , 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/sheAke -executed
the same in his/heMheir authorized capacity(ies), and that by his/fter eir 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 ha nd official seal.
Signature
j
Comm.,#2160339 N
N �OTANS'tCEWC•C3LIFOR�1.4 ..
COUNTY OF Sen DiECo
E%P..4"G 16,2020 ,
Private Sewer Agreement For Multi-Unit Lateral
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��n%A t e aC) SS.
On -2O W , before me, POOL^ el 6L. /-J , I KY10n , Notary Public,
DATE
personally appeared �= WG�� ; rev-�—�--e 1 ,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 ack ged to me tha e she/they executed the
Sam I is er/their authori capacity(ies), and that
by is er/their signature(s) on the instrument the
ANGELA A. SIMON ,n pe n(s), or the entity upon behalf of which the
® NOIARY PUBLIC-CALIFORNIA +! person(s) acted, executed the instrument.
Q SAN DIEGO Coulm
MY Comm.EXP.MAR.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.
/�L
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
F1 OTHER:
OF DOCUMENT
OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSON(S)OR ENTITY(JES) THUMBPRINT
OF
r
SIGNER o
a
0
APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS ATHTTP://WWW.VALLEY-SIFRRA.COM 02005-2017 VALLEY-SIERRA INSURANCE
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 13 & 14, IN BLOCK 41, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 1334, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 12,
1911.
Private Sewer Agreement For Multi-Unit Lateral