2020-111729 DOC# 2020-0111729
'�' I IIIII IIIII IIIII IIII II 1 111111 II II IIII IIIII I III IIII IIIII II I IIII
Mar 04, 2020 09:19 AM
RECORDING REQUESTED BY AND, ) OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
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 AGREEMENT FOR JOINT USE
A.P.N.: 260-630-02 Grading Plan: 14108-G
Address: 1480 Summit Avenue Case No: 17-071 TPM/CDP
This Agreement is entered into by Summit Estate Development LLC, a California
limited liability company ("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 1480
Summit 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 ACCEPTED:
. ?ib
Federico Escobedo' Manager Date
Summit Estate Development LLC
By• Z 20 2�
Edward J. W' er Dat
Engineering i ision
City of Enci • s -
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 S&n Diccko )
On jon n, 202o before me, CnAlne ine Ir, a Notary
Public, person Ily appeared Fccdez,c„ e-'W%0ed0
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. *My CATHERINE E.LANGRIDGE
Notary Public-California
San Diego County �Signature = Commission 9 2254031 Comm.Expires Aug 14,2022
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 -y1% j e (D SS.
On —�°2� , before me, 6 1 v U , Notary Public,
DATE
personally appeared Lk) ; rn tlr' , who proved to me on the
1
basis of satisfactory evidence to be the person(s) whose name(s is are subscribe the within instrument
and ac edged to me tlia /she/they executed the
sal r his her/their authorized capacity(ies), and that
by Ills signature(s) on the instrument the
buo,r ANGELA A. SIMON per n(s), or the entity upon behalf of which the
COMM.#2192396 N person(s) acted, executed the instrument.
NOTARY PUBLIC-CALIFORNIA p,
SAN DIEGO COUNTY
MY COMM.SXP.MAR,2,2021 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
Q PARTNER(S) TITLE(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS DATE OF DOCUMENT
OTHER:
OTHER
SIGNER(PRINCIPAL) IS REPRESENTING: RIGHT
LINANIERSON(S)OREN'rITYIIESI THUMBPRINT _
OF
SIGNER =
APA012015 NUT-\Rl BONDS.SUPPLIIiSANDFOR%ISAI'IITTP: W\\'\\,�':\LLE\"-SIERRA.('O�I 200 -2017%,\LLF)-SIERR.\INSURANCE
EXHIBIT"A"
LEGAL DESCRIPTION OF REAL PROPERTY
Real property in the City of Encinitas, County of San Diego, State of California, described as
follows:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE NORTH
BOUNDARY LINE OF CARDIFF VILLA TRACT, ACCORDING TO MAP THEREOF NO. 1469, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 10, 1912,
WITH THE NORTHEASTERLY LINE OF COUNTY HIGHWAY ROUTE 1, DIVISION 1;THENCE
NORTH 31 DEGREES 28 MINUTES WEST ALONG SAID HIGHWAY LINE, 213.03 FEET TO THE
BEGINNING OF A CURVE, CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1275.82 FEET
AND A CENTRAL ANGLE OF 8 DEGREES 01 MINUTE; THENCE NORTHWESTERLY ALONG SAID
CURVE 178.49 FEET; THENCE TANGENT TO SAID CURVE CONTINUING ALONG SAID
NORTHEASTERLY LINE OF HIGHWAY, NORTH 23 DEGREES 27 MINUTES WEST, 412.59 FEET;
THENCE NORTH 66 DEGREES 48 MINUTES EAST, 199 FEET TO THE TRUE POINT OF BEGINNING
OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUING NORTH 66 DEGREES 48
MINUTES EAST 199.27 FEET; THENCE SOUTH 23 DEGREES 12 EAST 100 FEET; THENCE SOUTH
66 DEGREES 48 MINUTES WEST 198.83 FEET, MORE OR LESS,TO A LINE BEARING SOUTH 23
DEGREES 27 MINUTES EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 23
DEGREES 27 MINUTES WEST, 100 FEET, MORE OR LESS,TO THE TRUE POINT OF BEGINNING.
APN: 260-630-03-00