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2011-6436oocu 2011-000e436 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 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 cm - x ° L W o Lo M N :*z 0 Ljj o L W Z Q N U v Q 0 (A O \ a, U -c Z of 0 a~ 9=1 - X LN a~ Z N U Q Ln N O O (p Lf) CJ~ ~ N (Q C cn 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.