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2007-656077 ,...1.. I.D "--.> "e /fJ5 ~y M. L--\' \01 \ \ tp\ t~ .... D(]C # 2007-0656077 11111111111 111111111111111111111111111111111111111111111111111111111 Recording Requested By: OCT 11 , 2007 2: 19 PM ){PRIV A TE } ) ) ) ) ) ) ) ) City Engineer [I FFI [I,il,L f':EI= 0 F:[I ':, ~',,",N [IIEI::,r] COUNT( FIEcm:;[IEFI'S ClFFICE CiFIECiOF: (J ',.hil r H CIJIHJI',' F'iECCIFIDEf: FEE':; 000 When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 PAGES: 7 ilwwwmWIWWWWWOOWl1 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. 2 .. IN WITNESS WHEREOF, the parties have executed this Agreement q~ day of ex., -\obRr ,2007. This Fire Department: ~~.<tJ~ j~e~ So \-knr", \\J\S\OhChleJ~ Print Name and Title For: City of Encinitas Fire Department Signature of FIRE DEPARTMENT must be notarized. Attach the appropriate acknowledgement. 3 .r ... ALL PURPOSE ACKNOWLEDGEMENT ] STATE OF C~ORNIA . COUNTY OF /n /Jie.? } } SS. } omet--; ru 6L / C personally known to me (or proved to me .~ 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 MIIc . .. ....-. My ... .... .. .91 Ree.Form #Rl1 (01/06/06) .----- -._-----_..._-_.._-_.~... 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. /) ~. ~' I"~J / J://( ~,'A-- .--.>0'" _ _ ' '---'~'/'~ ~'/ '--~ ~ ---~/ THOMAS A. JONES L.S. 6622 / ri" ,/~ ../ , (< ~// c / DATE LOCATION PLAT V1CINI1Y MAP _ NO SCALE -i ~ AVOCADO' ACRSS \ ~ I I ";Q II I 'J4 4 ~ 4 I ~JJ-\D ~JO.I 'Jjg'J ~ SCALE 1"=100' I~ ; ~ ~","~~~~~~>~ \ ~ /~ 121 ::"\..~4~- "l~~ c:> i~ ,~ I POR ~~~'" ~ i Jo I LOT 6 ,,~,\,~ C/) I I" ',," "" "" [;31' I , '~~ "" II I R I r) r I( I / &1 I ~ -, '-/ f ! ~ o! ,]] I I , 1-- \ \ \ \ - ---/, ENCINITAS FIRE STATION NO. 3 ] 4 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. 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