2011-6436oocu 2011-000e436
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JAN 04, 2011 3:59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Recording Requested BY: . Emest J. Dronenburg, Jr., COUNTY RECORDER
g FEES: 52.00
PAGES: 13
City Engineer
When Recorded Mail to: 11111110111111111111111111111111111111111111111111111111111111111111111111IININ
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas CA 92024
SPACE ABOVE FOR RECORDER'S USE
AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT
AND STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER
APNs: 262-080-05
262-080-06
Project No.: 05-167 TPM/CDP
Plan No.: 10013-1/10349-G
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and ETC D.B.A. STERLING TRUST CUSTODIAN
FBO ANTHONY CARL ALBIN T000312 (current vested owner of 262-080-05), along
with CARL G STAHMER AND AUBYN C STAHMER HUSBAND AND WIFE (current
owners of 262-080-06), its heirs, successors, and assigns, collectively hereinafter
referred to as "Owner", owner(s) of that certain real property, hereinafter referred to as
"Property", that is described in Exhibit "A" which is attached hereto and made a part
hereof. This Agreement is for the periodic Maintenance of certain private stormwater
treatment and pollution control facilities, hereinafter referred to collectively as
"Stormwater Facilities". Stormwater Facilities include but are not limited to Best
Management Practices (BMPs), Integrated Management Practices (IMPs), Low Impact
Development (LID) features, Structural stormwater treatment devices, and drainage
facilities. The description and plat of Stormwater Facilities is set forth in Exhibit "B"
which is attached hereto and made a part hereof.
WHEREAS, this Agreement is required by the City as a condition of approval of a
City permit pursuant to City of Encinitas Municipal Code Chapter 20.08 and Chapter
23.24 as well as the City of Encinitas Stormwater Manual; and
WHEREAS, the Stormwater Facilities benefit said Property and are used by
OWNER; and
WHEREAS, the Property benefits and uses the Stormwater Facilities, which are
described in Exhibit "B"; and
WHEREAS, it is the desire of the City and the responsibility of the Owner that
Maintenance of said Stormwater Facilities occur on a regular and periodic basis as
necessary to preserve the Storm Water Facilities in good-working order in accordance
with the minimum Maintenance requirements set forth in Exhibit "C" which is attached
hereto and made a part hereof and in accordance with the City of Encinitas Municipal
Code, the Encinitas Stormwater Manual, and other related City policies and
requirements; and
WHEREAS, it is the intention of the Owner and the City that this Agreement
constitute a covenant running with the land, binding upon each successive owner of all
or any portion of the Property into perpetuity.
NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE
CONSIDERATION AS FOLLOWS:
1) This agreement establishes the Owner's maintenance requirements for the
Stormwater Facilities. The term "Maintenance" wherever capitalized in this
agreement shall include, but shall not be limited to: inspection for purposes of
identifying operational deficiencies in the Stormwater Facilities, routine upkeep and
repair of the Stormwater Facilities in proper working order as determined by the City,
and preparation and submittal of the annual inspection report to the City, all as set
forth in subparagraph 1.i) through 1.iii).
i) The Owner shall inspect the Stormwater Facilities after all major storms. In
addition, the Owner shall inspect the Stormwater Facilities at the minimum
frequency specified in Exhibit "C", but not less than twice per year.
ii) The Owner shall provide upkeep and repair to preserve the Stormwater
Facilities in good working order and shall repair all deficiencies identified in
the Owner's inspections no later than 30 days following the inspection or prior
to the next anticipated rain event. Interim water quality control measures shall
be utilized to protect damaged or deficient Stormwater Facilities during any
storm event until such time as the Facilities are restored to good working
order. The minimum upkeep and repair frequency shall be consistent with the
Exhibit "C" but not less than once per year. To the satisfaction of the Director
of Engineering Services, the Owner shall ensure that the Stormwater
Facilities are in proper working order for the rainy season, which starts on
October 1.
iii) The Owner shall obtain the City of Encinitas Stormwater Inspection Report
form from the City website or the City of Encinitas Civic Center, complete the
inspection report form, and submit the inspection report to the City of
Encinitas Department of Engineering Services. Prior to the submittal of the
inspection report to the City, the Owner shall perform an inspection of the
Stormwater Facilities, identify deficiencies, and repair and correct all
deficiencies. The inspection report shall be submitted to the City once a year
between August 1 and September 30.
2) The Property is benefited by this Agreement, and it is the purpose of the signatories
hereto that this instrument be recorded to the end and intent that the obligation
hereby created shall be and constitute a covenant running with the land. Any heirs,
executors, administrators, assignees, and/or successors in interest to all or any
portion of the Property, by acceptance of delivery of a deed and/or conveyance
regardless of form, shall be deemed to have consented to and become expressly
bound by these presents, including without limitation, the right of any person entitled
to enforce the terms of this Agreement to institute legal action as provided in
Paragraph 13 hereof, such remedy to be cumulative and in addition to other
remedies provided in this Agreement and to all other remedies at law or in equity.
3) The Stormwater Facilities shall be constructed by and have Maintenance performed
by the Owner in accordance with the terms and conditions of this agreement and the
plans and specifications identified in approved Grading Plan Number 10349-G which
is on file as a permanent public record in the City of Encinitas.
4) The cost and expense of Maintenance of the Stormwater Facilities shall be paid by
the Owner.
5) In the event the Property is subdivided in the future, the owners, heirs, assigns, and
successors in interest of each such newly created parcel(s) shall be liable under this
Agreement for their then pro rata share of expenses reflecting such newly created
parcels.
6) The Maintenance to be performed under this Agreement shall include upkeep,
repair, and improvements to adequately ensure the Stormwater Facilities are in
proper working order as determined by the City. Upkeep, repair, and improvements
under this Agreement shall include, but are not limited to, repairing access
roadbeds; repairing, preserving, and providing improvement for the upkeep of
drainage structures; removing debris, sediment, oil, grease, and other pollutants as
determined by the City; perpetually preserving adequate groundcover and/or other
erosion control measures within the Property in order to prevent erosion; and the
management of materials, pollutants, and hazardous waste to prevent pollution of
the stormwater system or Municipal Separate Stormwater Sewer System (MS4) as
referenced in local and State codes. Upkeep, repair, and improvement shall also
include other work necessary to repair and preserve the Stormwater Facilities for
their intended purposes as well as the restoration of the Stormwater Facilities
following any non-permitted modification. The restoration shall be as required to
restore the Stormwater Facilities to the condition existing prior to damage or
alteration.
7) Any liability of the Owner for personal injury to any worker employed to provide
Maintenance under this Agreement, or to third persons, as well as any liability of the
Owner for damage to the property of any third persons, as a result of or arising out
of Maintenance under this Agreement, shall be borne by the Owner.
8) Owner shall jointly and severally defend, indemnify, and hold harmless the City,
City's engineer, its consultants, and each of its officials, directors, officers, agents,
and employees from and against all liability, claims, damages, losses, expenses,
personal injury, and other costs, including costs of defense and attorney's fees, to
any contractor, any subcontractor, any user of the Stormwater Facilities, or to any
other third persons arising out of or in any way related to the use, Maintenance, or
the failure to provide Maintenance for the Stormwater Facilities. This Agreement
imposes no liability of any kind whatsoever on the City and the Owner agrees to hold
the City harmless from any liability in the event the Stormwater Facilities fail to
operate properly.
9) Nothing in this Agreement, the specifications, other contract documents, the City's
approval of the plans and specifications, or the City's inspection of the work
constitutes an acknowledgement of any City responsibility for any such item or the
material contained therein, and the City, City's engineer, its consultants, and each of
its officials, directors, officers, employees and agents, shall have no responsibility or
liability therefore.
10)The Owner shall provide access to the Stormwater Facilities within the Property to
City's inspectors, employees, agents, and contractors within 48 hours of receipt of a
written notification by the City. The access shall be provided unconditionally and
without any obstruction, interference, or hazard. Any animals kept on the Property
shall be secured outside of the area subject to the City's inspection.
11)The Owner hereby grants permission to the City, its authorized agents, and its
employees, to enter upon the Property and to inspect the Stormwater Facilities
following a 48 hour notice whenever the City deems necessary. The purpose of
inspection is to evaluate the condition and performance of the Stormwater Facilities,
to follow-up on reported deficiencies, to respond to citizen complaints, and/or to
comply with State and City requirements for City inspection of such facilities. The
City shall provide the Owner with copies of the inspection findings and a directive to
commence with any repairs deemed necessary.
12)ln the event the Owner fails to maintain the Stormwater Facilities in good working
condition as determined by the City Engineer, the City, its agents, employees, or its
contractors, may enter upon the Property and take the steps deemed necessary to
correct deficiencies and shall charge the costs of such repairs to the Owner. In the
event the City pursuant to this Agreement, performs work of any nature, or expends
any funds for attorney's fees, administrative costs, contractors, employees,
consultants, materials, or other costs in the performance of said work, the Owner
shall reimburse the City in full. Such reimbursement shall be due within thirty (30)
days of receipt of a notification for all costs incurred by the City, including any
administrative costs and attorney's fees. If said funds are not paid by Owner within
(30) days, City reserves the right to take legal action for cost recovery and to file with
the County Recorder of San Diego County an assessment lien on the Property. It is
expressly understood and agreed that the City is under no obligation to maintain or
repair said Stormwater Facilities, and in no event shall this Agreement be construed
to impose any such obligation on the City.
13)The terms of this Agreement may be amended in writing following Owner's request
and upon written approval by the City Engineer.
14)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.
OWNER:
Signature for ETC, d.b.a. Sterling Trust Custodian
FBO Anthony Carl Albin, T000312, Owner
ROH4
Print Name
Carl . Stahmer v4ner
n C. S mer, Owner
E EANDREA `dk;3DARD
19 t'OMM1SSIO f.XPiRES
~;r.....r,' December 4
t
Date It - Z 1
Date
I .111b ho
Date
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
U~ a_ 0tvL-
/0-Y Peter Cota-Robles
Director of Engineering Services
Date
ALL-PURPOSE ACK O LED'"-ME
State of California
County of
San Diego
SS.
ay~4 before me, Ash Nickle, Notary Public
On EC eftL
(DATE) ~NOTARI") ~
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jAre
subscribed to the within instrument and acknowledged to me that heAs"they executed the same in
k+94tef/their authorized capacity(ies), and that by 14-&~their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, 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.
ASH NiCKLE~
Cow # 1825273
NOW FUELIGGALIF6 NIA
SAN DIFG® COUNTY
MY COMM. Ez? Dec 26, 2p1~2~'`
> 10)
Effective January 1, 2006, the California certificate of
acknowledgment must be in the form set forth in Civil Code
section 1189, rather than "substantially" in the form set forth
therein. The form set forth in Civil Code section 1189 did not
change, but variations in the California form are no longer
permitted. (The law regarding acknowledgments to be used
with documents to be filed in other states has not changed
(Civil Code § I I89(c)).
WITNESS my hand and official seal.
;N SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
n INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
F]
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME Or PERSON(S) OR ENTITWES)
DATE OF DOCUMENT
OTHER
v
t
RIGHT THUMBPRINT
s_
OF
SIGNER
a
0
DESCRIPTION OF ATTACHED DOCUMENT
-41 (r
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
APA 5/99 VALI EY-S!!,.RPA, 800-i62-3369
Notary
State of
SS:
County of I 1 lid n )
Befoxe me, notary public in and for said county and state, personally appeared
who acknowledges that he/she did execute the foregoing
instrum t on behalf of V 1G and that the same was his/her free
act & deed.
IN WITNESS WHEREOF, I have hereunto set my hand and official Seal this
day of CA'- , 2010.
My commission expires: { t('~ ~Q ~C X.~i/J
J/ 4 - L(,rj C Notary Public
S. dV rY
I DEEANDREAlM00DARD
MY COMMISSION EXPIRES
' December 4, 2011
ATTACHMENT "A"
LEGAL DESCRIPTION
PARCEL 1: CA L-6iA~
THE NORTHERLY 240.00 FEET (MEASURED ALONG THE EASTERLY LINE), OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF A LINE DESCRIBED
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE EASTERLY LINE OF
THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER; THENCE ALONG SAID EASTERLY LINE SOUTH 00°09'09 WEST, 420.00 FEET
TO THE SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE
SOUTH 89°41'50" EAST, 33.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE
PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 23, NORTH 00°03'05" WEST,
420.00 FEET TO THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND
TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND
ACROSS THE WESTERLY 31.59 FEET OF THE EASTERLY 400.00 FEET OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 4 HEREINAFTER
DESCRIBED.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE WESTERLY 920.00
FEET OF SOUTHEAST QUARTER OF THE NORTHEAST QUARTER.
PARCEL 3:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND
TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND
ACROSS THE SOUTHERLY 40.00 FEET OF THE EASTERLY 360.00 FEET OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
THE EASEMENT HEREIN DESCRIBED IS HEREBY DECLARED TO BE APPURTENANT
TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OR ALL
OR ANY PORTION OF THE SOUTHERLY 300.00 FEET OF THE NORTHERLY 720.00 FEET
OF THE WESTERLY 921.08 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF.
PARCEL 4:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND
TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND
ACROSS THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23 WITH THE EASTERLY
LINE OF THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY
920.00 FEET SOUTH 00°09'09" WEST, 420.00 FEET TO AN INTERSECTION WITH THE
SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH
89°41'50" EAST, 33.09 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID
SECTION 23, NORTH 00°03'05" WEST, 420.00 FEET TO THE INTERSECTION WITH THE
NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER;
THENCE ALONG SAID NORTHERLY LINE NORTH 89°41'50" WEST, 31.59 FEET TO THE
POINT OF BEGINNING.
PARCEL 5:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND
ACROSS THE WESTERLY 40.00 FEET OF THE EASTERLY 400.00 FEET OF THE
SOUTHERLY 600.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ANY PORTION HEREIN DESCRIBED WHICH IS INCLUDED
WITHIN PARCEL 2 HEREINABOVE DESCRIBED
APN: 262-080-05
PARCEL A` (-~,fAE M< e g~
THE SOUTHERLY 240.00 FEET OF THE NORTHERLY 480.00 FEET (SAID DIVISION
MEASURED ALONG THE EASTERLY LINE) OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THE WESTERLY 921.08 FEET.
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY AND WESTERLY
OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHERLY 420.00 FEET OF THE
WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER; THENCE ALONG THE SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET
OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SOUTH 89°41'50"
EAST, 33.09 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID SECTION
23, NORTH 00°03'05" WEST, 420.00 FEET TO THE NORTHERLY LINE OF SAID
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER.
PARCEL B:
AN EASEMENT AND RIGHT OF WAY TO CONSTRUCT, USE, MAINTAIN, OPERATE,
ALTER, ADD TO, REPAIR, REPLACE AND RECONSTRUCT A ROAD, DRIVEWAY OR THE
LIKE AND/OR FOR UTILITIES AND SEWER PIPE, FOR THE PURPOSE OF GAINING
ENTRY AND EXIT, INGRESS AND EGRESS AND FOR BRINGING UTILITIES AND SEWER
PIPE OVER, ACROSS AND ALONG THAT CERTAIN REAL PROPERTY IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE EASTERLY 40 FEET OF THE WESTERLY 961.08 FEET OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
EXCEPTING THEREFROM THE SOUTHERLY 600.00 FEET.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23 WITH THE EASTERLY
LINE OF THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY
920.00 FEET, SOUTH 00°90'90" WEST, 420.00 FEET TO AN INTERSECTION WITH THE
SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH
89°41'50" EAST, 33.09 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID
SECTION 23, NORTH 00°03'05" WEST, 420.00 FEET TO THE INTERSECTION WITH THE
NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER;
THENCE ALONG SAID NORTHERLY LINE NORTH 89°41'50" WEST, 31.59 FEET TO THE
POINT OF BEGINNING.
AND ALSO EXCEPTING THEREFROM THE NORTHERLY 10.00 FEET OF THE
SOUTHERLY 610.00 FEET OF THE EASTERLY 360.00 FEET.
AND ALSO EXCEPTING THEREFROM THE NORTHERLY 240.00 FEET, MEASURED
ALONG THE EASTERLY LINE OF SAID SECTION 23.
APN: 262-080-06
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13 AN EXISTING EASEMENT CONTAINED IN
DOCUMENT ENTITLED "AN AGREEMENT"
FOR ROADWAY AND UTILITY PURPOSES,
RECORDED ON JANUARY 21, 1972,
INSTRUMENT NO. 15917 OF OFFICIAL
RECORDS.
1 D AN EXISTING EASEMENT FOR ROAD AND
UTILITY PURPOSES PER PARCEL 4 OF
GRANT DEED REC. 03-31-1999 AS DOC.
NO. 1999-0213629, O.R
FA PROPOSED 15' DRAINAGE EASEMENT PER
PARCEL MAP.
• REPRESENTS SOUTHEAST CORNER OF
ALBIN/STAHMER PROPERTY.
REPRESENTS STORMWATER TREATMENT
ROCK LINED SWALES TO BE MAINTAINED
100 50 0 100 200
SCALE IN FEET
SCALE: 1 " = 100'
FY141RIT "R"
EXHIBIT "C"
Minimum Maintenance Requirements for Stormwater Facilities
(Frequency and Procedures)
The "Rock Lined BMP Water Treatment Swales" along Berryman Canyon and the
Wetland Buffer Fence and the "Drainage Culvert System" installed along and across
Berryman Canyon shall be inspected on an annual basis and after every major storm
event. Said facilities shall be maintained as needed to ensure their continued storm water
conveyance, filtration operation and capacity as Priority Storm Water Best Management
Practices, as defined by the City of Encinitas.