2007-656077
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D(]C # 2007-0656077
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Recording Requested By:
OCT 11 , 2007
2: 19 PM
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City Engineer
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FEE':; 000
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
PAGES:
7
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SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE STORM DRAIN AND BEST MANAGEMENT PRACTICES MAINTENANCE AGREEMENT
Assessor's Parcel No.'s: 256-121-41 /
Site Address: 801 Orpheus Ave
Proj ect: 0061-SI
THIS AGREEMENT for the periodic maintenance and repair of those certain storm water
pollution control facilities (best management practices BMPs) on improvement plan 0061-SI and
hereinafter referred to as Storm Water Facilities (SWF's), the legal description and/or plat of
which is set forth in Exhibit 'B' attached hereto and made a part hereof, is entered into by the
City of Encinitas Fire Department (hereinafter referred to as "Fire Department") for the benefit of
future owners who will use the SWF'S (hereinafter referred to as "Owner(s)", which shall
include the Fire Department to the extent the Fire Department retains any ownership interest in
any land covered by this agreement.
WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas
(herein referred to as "City") of a development project and pursuant to City of Encinitas
Municipal Code Section 24.16.060 and Section 24.29.040; and
WHEREAS, Fire Department is the owner of certain real property as described in Exhibit
"A" that will use and enjoy the benefit of said SWF(s), said real property hereinafter referred to
as the "property"; and
WHEREAS, it is the intention of the Fire Department that maintenance be performed in
compliance with the City of Encinitas Municipal Code and other related City policies and
requirements, and the desire of the Fire Department to establish a method for the periodic
maintenance and repair ofthe said SWFs; and
WHEREAS, there exists a benefit to the public that the SWFs be adequately maintained on
a regular and periodic basis in compliance with the City of Encinitas Municipal Code and other
related City and State codes and policies in effect during the future operations; and
WHEREAS, it is the intention of the Fire Department that this Agreement constitute a
covenant running with the land, binding upon each successive owners of all or any portion of the
property;
NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERA nON
AS FOLLOWS:
1. The property is benefited by this Agreement, and present and successive owners of all or
any portion of the property are expressly bound hereby for the benefit of the land.
2. The SWFs shall be constructed and maintained by the Owner, its successors and assigns,
in accordance with the plans and specifications approved by the City.
3. The repairs and maintenance to be performed under this Agreement shall include
reasonable improvements and maintenance work to adequately maintain said SWF's in
proper working order as determined by applicable City policies and requirements. The
SWF'S shall be maintained regularly as necessary to keep the facilities in proper working
order.
4. The terms of this Agreement may be amended in writing upon majority approval of the
owners and written notification of approval by the City.
5. This Agreement shall be governed by the laws of the State of California. In the event that
any of the provisions of this Agreement are held to be unenforceable or invalid by any
court of competent jurisdiction, the validity, and enforceability of the remaining
provisions shall not be affected thereby.
6. This Agreement shall not be interpreted in any manner, which reduces or limits the
Owners' rights and duties as set forth in this document.
7. It is understood and agreed that the covenants herein contained shall be binding on the
heirs, executors, administrators, successors, and assignees of each of the owners.
8. The foregoing covenants shall run with the land and shall be deemed to be for the benefit
of the land of the owners and each and every person who shall at anytime own all or any
portion of the property referred to herein.
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IN WITNESS WHEREOF, the parties have executed this Agreement
q~
day of ex., -\obRr
,2007.
This
Fire Department:
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Print Name and Title
For: City of Encinitas Fire Department
Signature of FIRE DEPARTMENT must be notarized. Attach the appropriate
acknowledgement.
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ALL PURPOSE ACKNOWLEDGEMENT
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STATE OF C~ORNIA .
COUNTY OF /n /Jie.?
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personally known to me (or proved to me
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on the basis of satisfactory evidence) to be tm person(s) whose name(~re subscribed to the
wfthln instrument and acknowledged to me that~hefthey executed the same ~her f their
. authorized capaclty(ies), and that b6~er f their slgnature( s) on the instrument the person( s) or the enlfty
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notarial seal)
Signature < audtL ~ ~~
~RAHDA"~';'luout w.~.
ColllIlIiItion ., 7011I4
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My ... .... .. .91
Ree.Form #Rl1 (01/06/06)
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EXHIBIT "A"
Legal Description
801 Orpheus Avenue
All oflot 15 and Portions oflots 5 and 6, Block 2, Map No. 1791, in the City of Encinitas,
County of San Diego, State of Cali fomi a, as shown on Record of Survey No. 19149, filed
February 3, 2006 in the office of the County Recorder of San Diego County.
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THOMAS A. JONES
L.S. 6622
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DATE
LOCATION PLAT
V1CINI1Y MAP
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AVOCADO' ACRSS \ ~
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4 I ~JJ-\D ~JO.I 'Jjg'J ~ SCALE 1"=100'
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i Jo I LOT 6 ,,~,\,~
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ENCINITAS FIRE STATION NO. 3
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EXHIBIT "B"
Plat of Storm Water Facilities
Storm Water Maintenance Activities (Minimum Requirements - Note: Additional
maintenance efforts and more frequent inspections may be required.) REFERENCE: SUSMP
prepared by BDS Engineering, Inc., Dated January 5, 2007 and revised October 2,2007 and
Exhibit "B" page 2 attached.
Property:
1. Storm drain inlets: All inlets shall contain Kristar Flo Guard Filter Inserts (Model #FGP-12F
or approved equal) in storm drain catch basins, except catch basin in trash enclosure area.
The catch basin in the central parking lot area shall have oil absorbent pouches.
2. Maintain fuel area canopy to protect fuel area from stormwater.
Landscaping:
1. Bio swales are to be maintained
2. Check Dams and Pond Liners are to be maintained
3. Plant materials are to be inspected on the first of October and the first of April of every year
as a minimum. Healthy plant growth shall be maintained. Dead plants, trees and ground
covers shall be replaced.
4. Do not fertilize, use herbicides, insecticides or fungicides on the plant materials when there is
a 40% chance of rainfall predicted.
5. Irrigation system shall be in good working order.
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