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2023-126211DOC# 2023-0126211 RECORDING REQUESTED BY AND, May 15, 2023 10-29 AM OFFICIAL RECORDS WHEN RECORDED MAIL TO: JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER CITY CLERK FEES: $98.00 (SB2 Atkins: $75.00) CITY OF ENCINITAS PAGES4 505 SOUTH VULCAN AVENUE ENCINITAS, CA 92024 �.J A.P.N.: 259-191-16-00 Sewer Lateral Permit: PROW-020204-2022 Address: 4310 Manchester Avenue Case No: NA This Agreement is entered into by and between Susan J. Gill, a married woman as her sole and separate property ("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 4310 Manchester Avenue & Vacant Land, Encinitas, CA 92024 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. / 7-� �7_6 Z�) Da e (Notarization of OWNER signature is attached.) APPROVED BY CITY OF ENCINITAS: (Jill T. Bankston Ti ty Engineer ty of Encinitas See Attached Notary Acknowledgment Certificate 5-/q/Z_Dz3 Date (Notarization of CITY OF ENCINITAS signature not required) F-Xm 1 E3 e-T Attach ment "All Legal Description of Real Property PARCEL 2: THAT PORTION OF BLOCK 7, COLONY OF OLIVENAIN, IN THE COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO.326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE PORTIONS OF "D" AND SECOND STREET, AS VACATED, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SAID SECOND STREET WITH THE CENTER LINE OF SAID "D" STREET; THENCE ALONG THE CENTER LINE OF SAID SECOND STREET, NORTH 72 DEGREES 23 MINUTES WEST, 342.48 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID BLOCK 7; THENCE NORTH 15 DEGREES 34 MINUTES EAST, ALONG SAID SOUTHERLY PROLONGATION TO AND ALONG SAID WESTERLY LINE 171.60 FEET; THENCE SOUTH 72 DEGREES 23 MINUTES EAST, 342.48 FEET TO A POINT OF THE CENTERLINE OF "D" STREET; THENCE SOUTH 15 DEGREES 34 MINUTES WEST, ALONG THE CENTER LINE OF "D" STREET, 171.60 FEET TO THE POINT OF BEGINNING. APN: 259-191-16-00 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 Calis I County of e On OS I �3 before me, 1 I [.�-� yQ 1`• WZrY'QJN1, N�'�RJ�1 ?-uW►U Date Here Insert Name and Title of the Officer personally appeared GO Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personK) whose name sire subscribed to the within instrument and acknowledge to me that he/4�hey executed the same in hi e / eir authorized capacity(, and that by his/ er their signatureA on the instrument the person(L), or the entity upon behalf of which the personV acted, executed the instrument. 90my MARIA R. GUZMAN Notary Public - California San Diego CountyCommission # 2367906 Comm. Expires Jul 27, 2025 Place Notary Seal and/or Stomp Above 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. Signature i na 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 D ument Title or Type of Document: � \vQ. Document Date: C7 Z( Signer(s) Other Than Named Above: nl iP- Capacity(ies) Claimed by Signer(s) Signer's Name: SUsa/Vl ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ,541ldividual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: 1?� v Sig 's Name: ❑ Corpo to Officer — Title(s): ❑ Partner — Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: w n �� San Diego County I I (IIII) (I"III'�I'II�I IIII' IIII' IIIII'I�I II'I .��� Transaction #: 7158294 p C ,,��' Receipt #: 2023167287 JORDAN Z. MARKS Assessor/Recorder/County Clerk 1600 Pacific Highway Suite 260 Cashier Date: 05/15/2023 Print Date: 05/15/2023 10:29 am P. O. Box 121750, San Diego, CA 92112-1750 Cashier Location: SM Tel. (619) 237-0502 Fax (619) 557-4155 www.sdarcc.aov Payment Summary Total Fees $98.00 Total Payments $98.00 Balance: $0.00 Payment CHECK PAYMENT #1764 $98.00 Total Payments $98.00 Recorded Item OFFICIAL RECORD -1 Document #: 2023-0126211 Date: 05/15/2023 10:29AM Pages: 4 Fees: Recording $23.00 Fees: S132 Atkins Fee $75.00 Total Fees Due: $98.00 Grand Total - All Documents: $98.00 Page 1 of 1