Private Sewer Lift Station and Sewer Line Construction Maintenance and Liability Agreement 2015-0420589RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY. CA 92074
APN's: 273 - 820 -18 -00
DOC# 2015 - 0420589
111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
Aug 07, 2015 04:08 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $30.00
PAGES 6
(THIS SPACE FOR RECORDER'S USE)
PRIVATE SEWER LIFT STATION AND SEWER LINE CONSTRUCTION,
MAINTENANCE AND LIABILITY AGREEMENT
The purpose of this agreement is to provide sewer service to a property within the City of
Poway, California, and provide maintenance of, and emergency spill response for, the common
private sewer facilities. This agreement is executed by the owner herein and as a condition of
approval by the City of Poway, to a development project and will run with the land in perpetuity
as a covenant upon the property described herein. The Standard for improvement will be that
set forth by the owner herein. The construction described herein shall be accomplished prior to
final approval of the project herein by the City of Poway.
WHERETOFORE, the undersigned agree as follows:
1. PARTIES AND PROPERTY
The property owners who have executed this Agreement and their heirs, executors,
administrators, assigns, and successors in interest, upon all of whom this Agreement shall be
binding. The City of Poway shall not be deemed a party hereto, but shall be deemed a
beneficiary. The real property held by the owner is identified by tax parcel number adjacent to
the signature of said owner.
2. SEWER
The location of the subject sewer system is located within the property at 17043 Edina Court
and runs northerly to Edina Court, then easterly to Edina Way where it connects with the
existing public sewer main in Edina Way.
3. LIMITATIONS
The sewer system has been designed to accommodate a maximum of one single - family
residence. Any additional connections or connections associated with any other use shall not
be permitted without prior written approval of the City of Poway.
4. CONSTRUCTION AND ROUTINE MAINTENANCE AND SANITARY SEWER
OVERFLOWS
The cost of construction of the lift station, laterals, lines and appurtenances, capital
improvements and /or routine maintenance resulting from ordinary wear and tear shall be borne
by the owner in accordance with the following:
A. The owner is responsible for all costs of construction and maintenance and repair of
the sewer system including pump station, appurtenances, and that portion of the
common sewer connection. Minimum maintenance procedures include pumping of
wet wells twice a year, inspecting submersible pumps and impellers quarterly to
check for debris, inspecting lift station check valve(s) twice a year, inspecting and
cleaning floats four times a year, weekly inspection of light and alarm system. Natural
chemical treatment shall be used for odor control and corrosion prevention.
Application of chemical treatment shall be applied to the lift station wet well, through
the force main, and to the point of discharge into the City wastewater collection
system at manhole H4- 004 -SM, located at the end of Edina Way. Hydrogen Sulfide
concentration at the point of discharge into the City wastewater collection system
shall be less than the OSHA Time Weighted Average (TWA) of 10 parts per million of
Hydrogen Sulfide. Maintenance records shall be kept for a minimum of 1 year and be
provided to the City of Poway upon request.
B. The City shall periodically test for Hydrogen Sulfide concentration at city manhole H4-
004-SM. Hydrogen Sulfide readings above the TWA of 10 parts per million shall
constitute a nuisance and shall be immediately corrected. Abatement of such a
nuisance shall be in accordance with Chapter 8.16 of the City's Municipal Code.
C. The owner shall be responsible for all costs associated with the providing of
emergency response and cleanup in the event of a Sanitary Sewer Overflow, main
line blockages, or other spill. Additionally, the owner shall be responsible for all fines,
penalties, or abatements levied by the San Diego Regional Water Quality Control
Board, or any other agency.
D. The owner shall be responsible for all costs associated with installation, maintenance
and repair of an emergency alarm system. The owner shall enter into a contract with
a service provider for the emergency alarm system. The system shall be operational
and kept in proper working condition at all times.
E. The owner shall be responsible for the energy costs associated with the operation of
the pump system.
F. The owner shall bear the cost of construction and maintenance of the remaining
individual sewer lines serving their property exclusively.
5. CONNECTIONS TO SANITARY SEWER
There shall be no other connections to this sanitary sewer.
6. EXTRAORDINARY DAMAGE
It shall be the obligation of the owner to make and pay for all repairs to the above described
sewer system when the same have been damaged by the extraordinary use of the owner or
their agents or employees.
Page 2 of 4 Lippitt Residential Sewer Pump Station
7. INITIATION AND MANAGEMENT OF REPAIRS
The system shall be inspected by a qualified professional as detailed in section 4.A. Evidence
of any system failure, including but not limited to, pump failure and leakage, shall be
immediately investigated and repaired.
8. COVENANT RUNNING WITH LAND
This Agreement shall be deemed and is intended to run with the land and be a restriction upon
such property, shall be binding upon and inure to the benefit of the undersigned, his/her/their
heirs, personal representatives, successors and assigns, forever or until such time as the said
private sewer system shall be dedicated to and accepted for use as a public sewer system by
municipal government lawfully exercising jurisdiction over said private sewer system.
9. RECORDATION OF AGREEMENT
It is the purpose of the signatories hereto that this instrument be recorded at the San Diego
County Recorder's Office to the end and intent that the obligation hereby created shall be a
restriction upon and shall be secured by the said property and any subsequent transferee
thereof, by acceptance of delivery of a deed and/or conveyance of the said property shall be
deemed to have consented to and become entitied to enforce the terms of this Agreement to
enforce the restriction therein created, such remedy to be cumulative and in addition to all
remedies at law or in equity.
10. INDEMNIFICATION
The owner shall indemnify and hold harmless the City of Poway, and its directors, officers,
employees, and volunteers from any and all claims, demands, losses, costs and causes of
action of any nature, and any expense incident to defense thereof (including attorney's fees), for
damages for death or bodily injury to persons, injury to property, or any other loss, damage or
expense arising out of the operation of the sewage lift station, pipes, and appurtenances or the
performance of this agreement, except for and arising from the negligence or willful misconduct
of the City of Poway or its directors, officers, employees, agents or volunteers.
IN WITNESS HEREOF, the owner has executed this Agreement on the date set forth
hereinafter:
Assessor's Parcel No. 273 - 820 -18
OWNER(S)
Lippitt Family Trust
James Lippitt
Trustee
(Notary acknowledgement attached)
Date:
Page 3 of 4 Lippitt Residential Sewer Pump Station
CITY OF POWAY:
o rt J. Manis
Director of Development Services
APPROVED AS TO FORM:
Office of the City Attorney
i
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• •. $ -
,I.
Date: 7 Z? s
APPROVED AS TO CONTENT:
Engineering Division
Z'Ooe
teven R. Crosby, P.E.
City Engineer
Page 4 of 4 Lippitt Residential Sewer Pump Station
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
County
On
California )
of �fln/ O �%
before me, &//11W, /vY'�IxLCC_
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(k whose name()] is/a),&
subscribed to the within instrument and acknowledged to me that he /s)>b/t* executed the same in
his/h)6r /ttik_authorized capacity(i *, and that by his/Ftldr/th* signature(? on the instrument the persori
or the entity upon behalf of which the persori acted, executed the instrument.
PHYLLIS SHINN
Commission N 1956215
_ -� Notary Public - California zz
San Diego County
M Comm. Expires Nov 9, 2015
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 a official seal.
Signature
6.4griature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached
Title or Type of Docume t: L)ak, 6'i� /Ni
Number of Pages: Signers) Other
Capacity(ies) Claimed y Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Date:
Than Named Above:
Signer's Name:
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is
Representing:
02014 National Notary Association • www.Nationa]Notary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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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 Califomia \\ )
County of �flif/ lJ 1,q-6,9
) ✓ In / /%
On . /�fLy 29 Zp/tr before me, �/y7Ll /f 1�% //yi1� /f/�1fi72i Y'GlfjLIC_
Date Heerre Insert Name and Fitle of the Umcer
personally appeared _�OQ t_Xr
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person( whose nameX is/ar'4-
subscribed to the within instrument and acknowledged to me that he/s%e /fty executed the same in
his/l`* /t1,1l& authorized capacity(W and that by his/h* /tW signature(jon the instrument the person(X,,
or the entity upon behalf of which the person(o acted, executed the instrument.
PHYLLIS SHINN
_ Commission M 1956215
Notary Public - California i
= San Diego County '
My Comm. Ex Tres Nov 9, 2015 r
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 Y�L S4,, —
ignature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Do ment
Title or Type of Doc um t: 7TTEJtu.L� Q i1�/f/ibo
Number of Pages: Signers) Other Than Named Above:
Capeciiy(me) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Date:
0/J -
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
l Other:
Signer Is Representing:
02014 National Notary Association • www.NationaiNotary.org - 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907