2022-371501DOC# 2022-0371501
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Sep 21, 2022 01:57 PM
RECORDING REQUESTED BY AND, ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER
FEES: $98.00 (S132 Atkins: $75.00)
CITY CLERK ) PAGES: 4
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.: 256-040-76
Address: 806 Hygeia Avenue
Grading Plan: LDEV-013502-2020
Case No: MULTI-003363-2019
This Agreement is entered into by and between 810 HYGEIA AVE. LLC a California
limited liability company ("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 806 Hygeia Avenue 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:
By,,Tim6yBarzal, Manager Date
810 HYGEIA AVE. LLC
-See attached notarist certificate -
(Notarization of OWNER signature is attached.) "T
APPROVED BY CITY OF ENCINITAS:
4ill T. Bankston
y Engineer
evelopment Services Department
City of Encinitas
g Z,� /-z- Z.
Date
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 I `� 1 1 i before me, Toan Tran, Notary Public
(insert name and title of the officer)
personally appeared �( m G +� j �� 0 rao
who proved to me on the basis of satisfactory evidence to be the persorj<whose nam05)(siare
subscribed to the within instrument and acknowledged to me thaw/she/they executed the same in
@/her/their authorized capacit&m , and that by KB/her/their signatur9*on the instrument the
personas , or the entity upon behalf of which the personKacted, 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. TOAN TRAN
Notary Public - California Z
W c San Diego County n
Commission . 2389310
My Comm. Expires Jan 3, 2026
Signature (Seal)
EXHIBIT "A"
DESCRIPTION
PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 26, 2019 AS INSTRUMENT NO. 2019-0069033 OF
OFFICIAL RECORDS, BEING ALL THAT PORTION OF LOT 6 OF LEUCADIA ACRES, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING THE MAP THEREOF NO. 1704, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, JUNE 5,1918; ALSO EUROPA STREET (NORTH HALF) VACATED BY ORDER OF
THE BOARD OFSUPERVISORS OF SAN DIEGO COUNTY, AS DESCRIBED IN DEED DOCUMENT TO ROY TATSUO
SAKAUYE RECORDED MARCH 26, 1958 IN BOOK 7008, PAGE 597.
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF HYGEIA AVENUE WITH THE NORTHEASTERLY
PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 9 OF LEUCADIA ACRES AS SHOWN ON MAP NO. 1704;
THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 74056,511, WEST 339.87 FEET TO THE CENTER LINE OF HERMES
AVENUE (VACATED); THENCE ALONG SAID CENTERLINE NORTH 15°03'25" WEST 90.00 FEET TO ALINE PARALLEL WITH
AND 90.00 FEET NORTHWESTERLY OF SAID NORTHWESTERLY LINE OF LOT 9, THENCE ALONG SAID PARALLEL LINE
NORTH 7405651 " EAST 339.81 FEET TO SAID CENTERLINE OF HYGEIA AVENUE; THENCE ALONG SAID CENTERLINE
SOUTH 1500541 EAST 90.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHWESTERLY 45.00 FEET AS MEASURED PERPENDICULAR TO THE CENTERLINE OF
SAID HERMES AVENUE (VACATED) AND THE NORTHEASTERLY 119.37 FEET AS MEASURED PERPENDICULAR TO THE
CENTERLINE OF HYGEIA AVENUE.
APN. 256-040-76-00
PASCO LARET SUITER
ASSO ATES
San Diego I Encinitas I Orange County
Phone 858.259.82121 www.plsaengineering.com