2011-20824DOC 2011-0020024
IIIIIIII III Illll IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII
1111111
JAN 11, 2011 3:46 PM
Recording Requested By:
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg. Jr., COUNTY RECORDER
FEES
City Engineer
: 49.00
PAGES: 12
When Recorded Mail to:
111111111111111111111111111111 IN IN
City Clerk
City of Encinitas
L7,
505 South Vulcan Avenue
~
Encinitas, CA 92024
1
SPACE ABOVE FOR RECORDER'S USE
a AGREEMENT FOR MAINTE
NANCE OF PRIVATE STORMWATER TREATMENT AND
C STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER
APN
2
4
1
:
-
5
63-45
Planning Case 08-088 CDP
Grading Plan: 10474-G
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and ASHTON D. TAYLOR AND GINA R. TAYLOR.
HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF
SURVIVORSHIP AS TO AN UNDIVIDED 50% INTEREST AND PALMER W. TAYLOR
AND SUSAN S. TAYLOR, TRUSTEES OF THE PALMER W. TAYLOR SOLE AND
SEPARATE PROPERTY TRUST UNDER AGREEMENT DATED DECEMBER 14,
1998, AS TO AN UNDIVIDED 50% INTEREST, ALL TENANTS IN COMMON, 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 10474-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.
IN WITNESS HEREOF, the parties have executed this Agreement.
OWNER:
Ashton D. Taylor, Owner
Gina..t~TayloL Owne
T1
I/1/10
Date
/Lt 0
DaNt,D 61
Date
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY F ENCINITAS:
IPPeter Cota-Robles
Director of Engineering Services Z/V
Date
Susan S. Taylor, Trustee/Owner
California All-Purpose Acknowledgement
State of California }
County of S~ v, l7_.
01
.'457 ~
'
F. MAh' MOULA
CoeT,rnisslon # 1769710
ttafcry Public -California z
S
an Diego County
P111 COMM. EXPOes Oct 19, 2011
Notary Public Seal
who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/
she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/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.
WITNESS my hand and official se
Notary Public Signature
OPTIONAL
Description of Attached Document
w~ P~ l ' u
Title or Type of Document: fir r'P
Document Date: 9 _ 4 -Zy (o Number of Pages:
Signer(s) Other than Named Above:
Capacity(ies) Claimed by Signer(s)
❑ Individual
❑ Corporate Officer:
❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
U Other:
Signer is Representing:
k
❑ Individual
❑ Corporate Officer:
❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
On ~)~'/,2c I" before me, f Al A4Mcc 0 I a Notary Public
LEGAL DESCRIPTION
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 32 OF CREST ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2019 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 3,1927 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 32; THENCE WESTERLY ALONG THE SOUTHERLY
LINE THEREOF NORTH 86°26'52" WEST (NORTH 87°13' WEST PER SAID MAP NO. 2019) 437.26 FEET; THENCE
NORTH 3033'13" EAST (NORTH 2°47' EAST) 90.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 3033'13" EAST 140.11 FEET; THENCE SOUTH 86126' 19" EAST (SOUTH 87113' EAST)
108.62 FEET; THENCE NORTH 3°34'58" EAST 73.03 FEET; THENCE SOUTH 86026' 19" EAST 83.38 FEET;
THENCE SOUTH 3033'41" WEST 162.09 FEET; THENCE NORTH 86126'47" WEST 44.55 FEET; THENCE SOUTH
63040'47" WEST 102.46 FEET; THENCE NORTH 86°26'19" WEST 58.61 FEET TO THE TRUE POINT OF
BEGINNING.
EXHIBIT "B"
There are three Stormwater facilities onsite: two vegetated swales that treat the
runoff from the hillside and a bioretention facility to treat the runoff from the
proposed residential home. All three stormwater facilities also treat runoff from
the access road. See the following BMP Site Map on the last page.
One vegetated swale will be located on the northeast portion of the project site
and the other will be located on the northwest portion of the site. Both swales
are directly adjacent to the proposed access road.
The bioretention structure is located at the most northwestern portion of the site
at the top of the slope adjacent to the existing open space buffer.
Page 1 of 4
Exhibit B
U W
U
O ~
~ O
O 0 Z
° V) J = Z A
c> Q of ° j F- w w ¢
Z
LLJ g w- Q S Q °W ~ Z z~
W Zm w(n 00 J~w o Co
qC~z.
0-1 C~ g O -
CDw LLJ LLJ cu
~3 w Z ~ t/1 "td
~
:2 w 00 o Z O m 3
A x~
U v z w w p Z Q :2 WO ~ o :D (3) C2
p = is W -4 ra
~Q ~w Li U Q w uJ o~m E c-)
wL'- w m~ OZ a) w F~
Q- co Ck-- m CD Z:) m(n UU in H a
w ~Q - ~ XF- wW W cu W
Of Cl- - co U °N -cn Scr- Q o Q
~a O M O F-LD --j CI- Z W
O Z I \ Q O:2 w w ~ o L
ZF- Z r) 0Z cnCD Q2 o - o
W- c F- cl-I a o
LLJ C)
a_ ca- a)
Z w C/) w m
g w p Q CD Z m w ca
° o~
ca Z Fes- E a> co
N cD ~t O M I p
_ U o LLJ
0 C)
70
C) Q) 70 70
- cn Q Ln Q c~ Z Q w~ m -
N N Z O ca U)
U, a
F-w~w I- W s w o
cp O W cn W -o
co r7 j~ ~~U Z J ~d I
O O F- Q z Q o
m Z w ~ w o o w
N Q W V)
Q_ Z W m a) o °J L,1
Z W Q~
O 0 J w p W O C) U
L'i F- CD
Il W U V) V) a E Q7 >
JQ QLnmZ W a a ~
` d I m a, CL)
O
QN C7N Z W
III W
(nXJ ZOmw m E cv
ai
o
w ~p OF-QQ
~ m
w m cf) N J U o 70 cn LLJ LLJ cu
Q 2 J Q W Z U - N o
m Q F- Q 3 2 o:: w C
J b~ 3cf) CL U m is a)
J J O cn w Fw- LL- m p tf ca
O 3: O
F- r7
F o- ww -NIW ,9L- w °cn ~ CD < CD w a)
W M a- N W J F- cn v
p~z3~ oop m o LLI LL.
0
wQ:~ 00 cn w Of U Z w m w a~
Zia- w LwiJ>- Q W W vjp O N E
> O S >
> O C7 O J S N Z 0
U U W > :D Ld
mo~QO z~cLii~ z
J S Q Q p
Q (D F-
C 3
QQP-
m
cn J U O
pQ m OJ J 3
mQ
0
w
W W
CL J
ILLJ
°cn~U d ILLJ
Z_ Z cn W o~ ¢
° Z J Q D C' C/') - U
(nQa_ ZQ of O wU ~ Q J o c~
W H O N ° E: E ~ 2 2 O ct~
U U _ Z
CD
cnz
wF-°w >zc~ Of a za w
J E W
D:f Ln < Z p ~ Z Z q:
ILLJ
ILLJ
w m
~OJ U~~ J> O C) W O O~ ~
ILLJ U N Q of C/) O rt p- Z W> OZ
p
Q W Z w m W co E-LLJ Of I ° cr-z waaF W
w w w ~ ~ a m a- N
w Q m Q > °w~~ z- o c)J Z Awz
CDz " Z cy° a°ILLJ :c o
~ ~z>- o 2.~ Zq°
O:f - w 2
w w p w Q O w
Q m w w Q° o w 0 D N N- 0 3 Z
V) in LLJ (~o
m w d r w ¢ o W o q
m
w o o E 3 E-
CD C)
S O U _ p i 0 2~ -0
-0 - W F W
Q:~ Q cn O a
Z 3: TI / I1=111= ra H w O
1 11101H11 IHII 1-4
O O ~ 111=111-111-11-111=11 ~ O I=
F= J Z 11=III=III=III=III-III / >
Q J Q II=III=III=III=III=11
Q J 11=III=III=III=III11VIII -p
W ` 0
=111- - =11
W 2 11=III=III=III-III-III a>
C' p 11111111111111111111111 1111111 o
>O~ 111111111111111111111111_1111111 W o c
Hill-111-111-111-111- W c
O Z_ II=III=III=III=III=11 ti
1-III-III-IN-111-H! ---111111-111=111-11 O O M
I I I-17 =1=I I I I I-I I il11I I I z U a
~ I 1=11-111 11= 11 c -5
c~,
i-1 1=111=111-111=11 O 1-- a> = O
'-1i1-111-111-1 1=11 C)
I IJ ~ IJ I I~ I I I~ I I W o 7 = a)
CD CD -j
C) CD ILLJ a) '57<
Y O mV) p Q W u m aa)
c-) W rM =5
M
ao - p ~ o
~Q W oW o 0 0
wm w T111 1 0 zoo~ o r
Q n 11=n1 O
a 111 i 111 I1 111-n - 1
Q 2 IHI J a -111 w
<O O O -111IIIE'l !n1 5
,j m Q p 42
00 =11i 11=n~ w - c 0 i_
T=11 ~ 1 1-=1 1 1
m N Z d' -111 311-111- 11 ~ m m
_ LO LO III=1I II'. r-
111 IIFMI~111-111=dh- ,l O a >
Z_ l-1 III=1 1I O N
-III III III III-11
Q J J-ill=III-III-III-III- Q L
W W 11111,11111111111 O N M (D
0
11-TI-III-III=III=III > Z 0 Q
JIH11=T=11 O
1_T= ? Q O
1111111111111111 =III=III-111=III= a
[if
m Y
w (1) m
Y CK -
U o m
o Q 0
of m -
'Q O a)
N °LLJ J M w w is
w~° m O OY
o~
cn Q 22
en X Z 2 w m
ca m
C7 m ~ 0 a~ o
U Q:f c L
w a~ o
a
C14 2
O
Cl-
J W W O 2
LLJ
Q LLJ I2-0-Wli ~ W ~
w a- p (n O Of LLJ :-R:: J
U)= CDw2O Q~ W CD
CN p XQQ p 2
LLj F-- U)
w w w~~ Z o r Q J U (n Q p Q ~w -
w0 0QwQw ~JO JtO X(n ZQ:f
LL.J Z O~ C/-) N J J O Q
p S p 0 O m
LLj LL) w o
ILLJ
O Lij CD O m ~ m
Q Z w 0- L~j
m cn of of J Q~ w= LLJ
M 0F- C) O CZ) O w m
W w W O 0m W w J UOP-
wQ Q Jwp~ J~~C7 Z co ~ZZ~o0 ow
W W QZZ W cf) mCIO W O J °~~p~ mO i
J>'t-ZUpJw Zw W U) Z Q Z ZZ I of I W W
JQ\c1~Z Ow QZ~Qw w 2 NOOOOQO Zw
W Q2 r) W UQ2d (0ILL- I--W (n U-) ZUUNSN -J
o -
Z ~ cV r7 mot-
rn
••o
II
i +
I N
a
'
~r
CID
a
cli
I
WAI
f; ;1
w
i77'777,
I
.
t j
.
-
0
m
+
T ~
r iy
\tfl~
u')
I
f
i
i' t
i 1 i
~
u~•~
~
c_j
r.
I
;r
C7 4 m
N
I
°
CD x
N
Vd-
s
z-ssT-~sz
a
`
a
EXHIBIT "C"
Maintenance of the Vegetated Swale BMP, to be implemented as needed:
1. Cut vegetation to an average height of 3 inches.
2. Remove any litter, debris, or sediment in the swale.
Maintenance of Bioretention BMP, to be implemented as needed:
1. Remove sediment, trash, and debris.
2. When standing water is observed, notify the engineer.
3. Ensure plants are healthy and growing as the roots provide much of
the pollutant removal.
Page 1 of 1
Exhibit C