2012-192859IV`
V
DOC # 2012-0192859
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Recording Requested By:
City Engineer
APR 03, 2012 3:40 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg, Jr , COUNTY RECORDER
FEES 85.00
When Recorded Mail to: PAGES: 24
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 AGENT OF COMMERCIAL
/ FACILITY
APN. 259-121-34 and 35 Project No.: 10-127 CDP
Site Address: 194 El Camino Real (11073-G)
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and PK Ili ENCINITAS MARKETPLACE LP 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 "I", 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 depiction of Stormwater
Facilities is set forth on a plat in Exhibit "if" which is, attached hereto and made a part
hereof
WHEREAS, this Agreement is required by the City as 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 his/her tenants their heirs, successors, and assigns, and
WHEREAS, it is the desire of the City, the responsibility of the Owner and tenants,
and to the benefit of the Public 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 "III" 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 responsibility of the Owner to assure his/her tenants will comply
with and enforce the terms and conditions of this agreement;
WHEREAS, it is responsibility of the Owner to disclose this agreement to all the
future tenants using, benefiting from, or impacting the Stormwater Facilities
WHEREAS, it is responsibility of the Owner to add Maintenance of Stormwater
Facilities to common area maintenance (CAM) and appoint a qualified property
management company or individual herein after referred to as "Agent" to oversee such
Maintenance. The Agent shall be the single point of contact between the City of
Encinitas and Owners or Developer; and
WHEREAS, the Owner may act as the Agent so long as the total square footage
of the commercial facilities is less than twenty thousand square feet., and
WHEREAS, for the purpose of this agreement, Maintenance responsibilities
mentioned on this agreement equally and collectively apply to Owner, tenants and the
Agent;
WHEREAS, it is requirement of development and or commercial use 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 and tenants' 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). The Owner's ' requirements for providing
Stormwater Facilities Maintenance as stated in this agreement shall mean
Maintenance managed by the Agent, paid for by Owner, and performed by a
qualified contractor, hired by the Agent on behalf of the Owner
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 "III", 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 "III" 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 12 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 term and conditions of this
agreement and the plans and specifications identified in approved Grading Plan
Number 11073-G which is on file as a permanent public record in the City of
Encinitas
4 The cost and expense of the Maintenance of the Stormwater Facilities shall be
paid by the Owner. The owner is responsible to include necessary provisions in
the lease agreement with any present and future tenants that cover the costs of
all Stormwater Facilities Maintenance.
5 In the event the Property is subdivided in 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. Under no circumstances shall any contract or agreement for service(s) to be
provided as outlined in this agreement, and any additional Maintenance activities
or services to be provided as outlined in subsequent attachments hereto, be
terminated by the Owner, tenants, or Agent unless a replacement contract or
agreement for the required Maintenance has already been executed The Agent
and the Owner shall be responsible for ensuring proper execution of the
provisions of all contracts and/or agreements for the required Maintenance and
for timely payments for said services.
8. Any liability of the Owner, tenants, or Agent for personal injury to any worker
employed to provide Maintenance under this Agreement, or to third persons, as
well as any liability 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, tenants, or Agent.
9 Owner and tenants shall jointly and severally defend, indemnify, and hold
harmless 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 of 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
10 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,
11 The Owner and tenants shall provide access to the Stormwater Facilities within
the Property to the 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.
12. 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
13 In the event the Owner and tenants fail to preserve 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. 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 the 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 perform
Maintenance of said Stormwater Facilities, and in no event shall this Agreement
be construed to impose any such obligation on the City.
14. The terms of this Agreement may be amended in writing following the Owner
request and upon written approval by the City Engineer
15 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.
2~ 3,s
PK III ENCINITAS RKET PLACE LP Date
PIZCTCT-r'~ t7? tilt; /9
Print Name and Title
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS-
Lawre ce A Vatt
Public Works Director
3 2-3 j l
ate
ACKNOWLEDGMENT
State of California SA A 0
County of `J
On M tVC'h 1S+ 2'C \Z before me,
Nicole Ann Clark, Notary Public
(insert name and title of the officer)
personally appeared ZCt"-q M(-,NR c~ T-~(t'-I
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.
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 seal
Signature
Son t)iepo t:ouMy
(Seal)
~iMINIARK
COOMiMt~ioe s t9b5257
Newry Public • CNtIwMe
Ves" ~Comm. ine Jan 27, 2018
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of i,4
On 411'ek before me, 2.1,0A 0,411- j,//j_6Ry/j xal~wzf la~)1661G
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of ~~sfactory evidence to
be the person(s) whose name(s)6slWe subscribed to the
in instrument and acknowledged to me that
("e/they executed the s i is/ er/their authorized
RANDA GAIL MILLJOUR capacity(ies), and that by er/t eir signature(s) on the
v R Commission #1916144 A instrument the person(s), or the entity upon behalf of
N a Notary Public - CaliformaN
> San Diego County -N which the person(s) acted, executed the instrument.
My commission Exp. Jan.-6,-2015J
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 seal
Place Notary Seal Above Signature
ignature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
❑ Individual
❑ Corporate Officer -Title(s) _
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other,
Signer Is Representing:
Top of thumb here
Number of Pages.
Signer's Name
❑ Individual
❑ Corporate Officer - Title(s) _
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other,
Signer Is Representing
VERNON AT
Top of thumb here
@2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder Call Toll-Free 1-800-876-6827
EXHIBIT "I"
Legal Descriptions
1) "Owner's Property"
Legal Description Deed - Document ID 2006-0851216, Official Records
Assessor's Parcels 259-121-34 and 259-121-35
Parcel Map No. 4274
2) Lease Area included within "Owners Property"
Lease Area Legal Description
Lease Area Plat
owxEnsma rn DOC it 2006-0851216
I Record and Return to:
j Karen Kirspel
Fidelity National Title
1800 Parkway Place, Suite 700
I Marietta, GA 30067 00-1'l$t F+O
PREPARED BY:
NOV 30, 2006 1:34 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECURDER
FEES. 19.00
or,; 0C
PAGES
C 1111111 Hill II111 IIIII 1111{ 111111111111111 X411 IIIII VIII 1111111111111111111 IN
Greenberg Traurig, LLP 2006.0851216-- J
77 West Wacker Drive, Suite 2500
Chicago, Illinois 60601 15265
SPECIAL WARRANTY DEED
THIS INDENTURE WITNESSETH THAT Kimeo Realty Corporation, a Maryland
corporation ("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration in hand paid, the receipt, adequacy and sufficiency of
which is hereby acknowledged, by these presents does REMISE, RELEASE, ALIENATE
AND CONVEY unto FK III Encinatas Marketplace LP, a Delaware lim ted partnership
("Grantee"), the following'described real property located in the County o~ State of
California and legally described as follows:
See Legal Description attached hereto as Exhibit A and hereby
made a part hereof.
Together with all and singular the hereditaments and appurtenances thereunto belonging,
or in anywise appertaining, all the reversion and reversions, remainder and remainders, rents,
issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of
Grantor, either in law or equity, of, in and to the above described property, with the
hereditaments and appurtenances: TO HAVE AND TO HOLD said property, with the
appurtenances, unto Grantee, its successors and assigns forever,
And Grantor, for itself, arid its successors, does covenant, promise and agree, to and with
Grantee, its successors and assigns, th&t it has not done or suffered to be done, anything whereby
the property hereby granted is, or may be,`in any matirier en64mbered or charged, except as
herein recited; and that said property against all persons lawfully claiming, or to claim the same,
by through and under' Grantor, but not otherwise, Grantor will WARRANT AND DEFEND,
subject to, the Permitted Title Exceptions, as described on Exhibit B attached hereto and hereby
made a part hereof.
TRANSFER TAX, $-4- - BASED ON FULL VALUE LESS LIENS.
[The remainder of this page Is intentionally left blank.]
CHI 605615130 1012WO06 Enclnlfas m6*91place (11)
15266
Dated: Ndvt yr~jt~ \ t aOAa
Kimeo Realty pora
corporation
By: '01
Name: r.
Its:- BRUCE RUBEN!
t~ VICE: PRESIDE
a Maryland
STATE OF _a 1 )
) SS.
COUNTY OPI )
On this r o day of , in the year 2006, before me, the
undigned, a Notary Public in and for said County and State, personally appeared
jCc&q personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
Signature ~~A'
N e Typed or Printed)
Notary Public and for said County and State
CARL. J, SCARINGE
Notary Pubic, State of New York
No. 4860083
Qualified In Westchaste; Gointy.
Commission Expires May 19, 2000-) _
CHI 565615130 102&2006 Enclnlles MarkeOfeco (11)
15267-
EXHIBIT A to Special Warranty Deed
LEGAL DESCRIPTION
[ATTACHED]
CHI 565615190 102W006 Enclnlias Marketplace (Iq
15268
EXHIBIT B to Special Warranty Deed
Permitted Exceptions
All covenants, conditions, restrictions and easements of record.
CHI 56561030 1W262006 Encinitas Marketpleco (it)
I '
NCS Number; 248360CA 10
Site Name; Encinitas
FIDELITY NATIONAL TITLE
INSURANCE COMPANY
15269
Commitment Number: 9892888
NTS No, 06ATL 1781
San Diego County, CA
SCHEDULE"A"
EXHIBIT A - LEGAL DESCRIPTION
ALL THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 4274, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER
28, 1975 AS FILE NO, 75-335576, OFFICIAL RECORDS, LYING SOUTHERLY OF THE
SOUTHERLY LINE OF THAT CERTAIN LAND DESCRIBED IN DEED TO THE COUNTY OF
SAN DIEGO, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY, JULY 16, 1979 AS FILE NO. 79-293 577, OFFICIAL RECORDS WHICH IS
DESIGNATED IN SAID DEED AS "EASEMENT FOR THE COUNTY HIGHWAY-MALENA
DRIVE".
Assessor's Parcel No: 259-12134, 35
Assessor's Parcel Map
APN 259-121-034
San Diego County Assessor's Map, Book 259, Page 12
Parcel Map
Chick-Fil-A Restaurant located on Parcel Map recorded November 28, 1975
Book 4274 of Parcel Maps as File No. 75-335576.
LEASE AREA INCLUDED WITHIN "OWNER'S PROPERTY"
EXHIBIT "A"
LEASE AREA
(LEGAL DESCRIPTION)
IN THE CITY OF ENCINITAS
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO, 4274, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP FILED NOVEMBER 28, 1975
AS INSTRUMENT NO. 75-335576, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "G" AS DESCRIBED IN IRREVOCABLE RIGHT-OF-WAY EASEMENT
WITH RIGHT TO DEDICATE IN DEED RECORDED JUNE 14, 1979 AS INSTRUMENT NO, 79-
246282, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE SOUTHWESTERLY
TERMINUS OF THAT CERTAIN COURSE NORTH 75005'51" EAST 463S FEET ON THE
SOUTHEASTERLY LINE OF VIA MOLENA (FORMERLY MALENA DRIVE) PER SAID DEED;
THENCE, LEAVING SAID VIA MOLENA SOUTH 04°08'27" EAST 50,85 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE, SOUTH 88°47'43"
EAST 0,67 FEET; THENCE, SOUTH 01°12' 17" WEST 0.04 FEET;
THENCE, SOUTH 88°47'43"
EAST 19.96 FEET; THENCE, NOR'T'H OI°12'17" EAST 1.71 FEET;
THENCE, SOUTH 88°47'43"
EAST 14,50 FEET; THENCE, SOUTH 01°12'17" WEST 2.50 FEET;
THENCE, NORTH 88047'43"
WEST 0.96 FEET; THENCE, SOUTH 01012'17" WEST 9.00 FEET;
THENCE, SOUTH 88°47'43"
EAST 0,96 FEET; THENCE, SOUTH 01012'17" WEST 2.50 FEET;
THENCE, SOUTH 88°47'43"
EAST 9.79 FEET; THENCE, SOUTH 01012'17" WEST 19,33 FEET;
THENCE, NORTH 88°47'43"
WEST 3.50 FEET; THENCE, SOUTH 01012'17" WEST 25.50 FEET;
THENCE, SOUTH 88°47'43"
EAST 4,50 FEET; THENCE, SOUTH 01112'17' WEST 18,33 FEET;
THENCE, NORTH 88°47'43"
WEST 6,00 FEET; THENCE, NORTH 0101211711 FAST 2,50 FEET;
THENCE, NORTH 88°47'43"
WEST 6.50 FEET; THENCE, SOUTH O1°12' 17" WEST 2.50 FEET;
THENCE, NORTH 88047'43"
WEST 6.00 FEET; THENCE, NORTH 01'12'17" EAST 5.33 FEET;
THENCE, NORTH 88°47'43"
WEST 8.75 FEET; THENCE, SOUTH 01012'1711 WEST 5.33 FEET;
THENCE, NORTH 88°47'43"
WEST 18.00 FEET; THENCE, NORTH 01°12' 17" EAST 75.54 FEET
TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION,
CONTAINING APPROXIMATELY 3,151 SQUARE FEET.
AS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART
HEREOF
SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
RIGHTS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD, IF ANY.
THE ABOVE LEASE AREA DESCRIPTION IS BASED ON THE EXTERIOR FACE OF STUD AS
THE BUILDING LINE. ALLOWANCES MUST BE MADE FOR MINOR ENCROACHMENTS OF
BUILDING SHEATHING AND FOUNDATIONS.
LEGAL DESCRIPTION PREPARED UNDER THE SUPERVISION OF: AN 0,9
STEPHEN M.
HAGER
N0, LS 6161
STEP M, HAG 6161
~a Exp, 3 31 Pi
1:\WORD6\FILES\CFA09048\LEOAL•LEASE AIUA.DOC
0
N
U)
PARCEL 1Y0. 4274
EXHIBIT "B"
PA RCEL 0 "
" NA '
~~~~IIIIOLE 130 ;90/
UIOR
MER '9.2462S2
(FOR 6Y
5 51, W'
M" NA
L l
(NSTR~MENT NO
5~5-~~
T.P,L2 n
x
A 0. B.
s O d1^c
M N 75'p5~ DETAIL „A„ Z
46 3- NOT TO SCALE O
1
PARCEL 4 63 ~
I r
INSTR. 1~1~. o 75-305576, 0,R. ~R/W
T,P,O.B, L4 L5 L6 INDICATES LEASE AREA
LINE DATA TABLE Ija- L3
LINE
BEARING
DISTANCE
L l
S884743 E
-
0, 67'
L2
S0
02'17 'W
0, 04
L3
S88'47'43"E
19.96'
L4
NOI'1217"E
1,71'
1.5
S8847 43 E
14.50'
L6
SOI'12'17"W
2,50'
L 7
N88'4743 'W
0.96
L8
S01'12'17"W
9.00'
L9
588'47'43E
0196'
L10
SOl '1217" W
2.50'
01
N88'47'43 'W
'350
L 12
S884 74J "E
4.50'
L 13
N88 47'43"W
6.00'
L14
NOI '12'17"E
2.50'
L15
N88'47'43 W
6,50'
L16
SO1 '12'17"W
2.50'
L17
NOf '1217 E
5, 33
08
N8847'43"W
8.75'
L 10 S8847'43 "E
L 8 ti~ v
9, 79' 501'12'17"W
L9
SEE DETAIL SOI'12'17"W 0,04
"A" L l l 19..33' N88'4743"W
HEREON 0, 67'
:W SEE DETAIL SOl '12'17"W DETAIL "B"
"B" 25,50' NOT To SCALE
HEREON U2
L18 L16 L14 S01'12'17"W
r- - 18.33' LEASE AREA =
3,151 SQUARE FEET
15 L13
' - i \\~,tN88'47'4J"W
L 19 501 '12'17 "W 5.33 N88'4743 „W 6.00'
BASIS OF BEARINGS 18,00'
THE BEARING NORTH 8848'40" EAST FOR THE CENTERLINE OF VIA MOLENA
AS SHOWN ON RECORD OF SURVEY MAP NO. 13612, FILED JANUARY 23, 1992
AS FILE NO, 92-.38379, RECORDS OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA, WAS USED AS THE BASIS OF BEARING FOR THIS EXHIBIT,
NOTE: * INDICATES POINT "G" AS DESCRIBED IN DEED
AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND RECORDED JUNE 14, 1979 AS INSTRUMENT
BY THIS REFERENCE MADE A PART THEREOF, NO, 79--246282, OFFICIAL RECORDS.
Prepared by
LEASE AREA
Joseph C Truxaw and Assoclates, Inc.
IN THE CITY OF ENCINITAS
Civil Engineers and Lond Surveyors
DRAWN: RD
CHHD: SMH
265 S Anito Drive, Suite 111, Orun e, CA 714 835-05
DATE: 10-24-11
DATE: 10-24-11
EXHIBIT "II"
Plat of Stormwater Facilities
r
cl)
U o
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CURB OPENINGS
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STEPHEN M. HAGER ~D=
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Civil Engineers and Land Surveyors
DRAWN: RD
CHKD: SMH
Prepared by.
TREATMENT CONTROL STORMWATER FACILITIES
Joseph C. Truxaw and Associates, Inc.
IN THE CITY OF ENCINITAS
265 S. Anita Drive, Suite 111, Orange, CA (714 935-0265
2-21-12
DATE
DATE. 2-21-12
.
EXHIBIT "III"
Minimum Maintenance Requirements for Stormwater Facilities
Source Control BMPs
Potential Source of
Permanent Controls
Operational BMPs
Pollutants
On-site storm drain
Management shall have the
Maintain and periodically repaint or
inlets
phrase: "No Dumpingl Drains
replace inlet marks,
to Ocean" or similar, stenciled
Provide stormwater pollution
on each on-site storm drain
prevention information to new site
inlet, to alert the public to the
owners, lessees, or operators,
destination of pollutants
See applicable operational BMPs in
discharged into stormwater.
Fact Sheet SC-44, "Drainage System
Fallow the current
Maintenance", in the CASQA
specifications from the City of
Stormwater Quality Handbook.
Encinitas Engineering
Include the following in lease
Department.
agreements: Tenant shall not allow
anyone to discharge anything to storm
drains or to store or deposit materials
so as to create a potential discharge to
storm drains."
Landscape /Outdoor
Preserve existing native trees,
Maintain landscape using minimum or
Pesticide use.
shrubs, and ground cover to
no pesticides,
the maximum extent possible,
See applicable operational BMPs in
Design landscaping to
Fact Sheet SC-41, "Building and
minimize irrigation and runoff,
Grounds Maintenance", in the CASQA
to promote surface infiltration
Stormwater Quality Handbook.
where appropriate, and to
Provide IPM information to new
minimize the use of fertilizers
owners, lessees and operators,
and pesticides that can
contribute to stormwater
pollution,
Where landscaped areas are
used to retain or detain
stormwater, specify plants that
are tolerant of saturated soil
conditions.
Consider using pest-resistant
plants, especially adjacent to
hardscaped.
To Insure successful
establishment, select plants
appropriate to site soils,
slopes, climate, sun, wind,
rain, land use, alr movement,
ecological consistency and
plant interactions
Food Service.
Food consumption at the site
occurs indoors but there are
few tables outdoors.
No outdoor storage of raw
materials.
No activity of outdoor
equipment /accessory washing
/steam cleaning will occur The
wash area is located indoors.
There is an existing grease
interceptor.
Refuse Areas /Trash
A contract for trash
Oversee the outside contractors to be
Enclosures/ Grease
management and litter control
sure that the provided receptacles are
Storage,
maintenance will be made with
in adequate number, Inspect
outside contractors.
receptacles regularly; repair or replace
Trash Bins to be kept in Trash
leaky receptacles. Keep receptacles
Enclosure except for dumping
covered. Prohibit /prevent dumping of
Signs will be posted on or near
liquid or hazardous wastes. Post "no
dumpsters with the words: "
hazardous materials" signs.
Do not dump hazardous
Spills to be cleaned up immediately,
materials here", or similar
See Fact Sheet SC-34, "Waste
The trash enclosures shall
Handling and Disposal" in the CASQA
have an impervious, non-
Stormwater Quality Handbook,
combustible roof that will not
allow rain water to enter the
enclosure, The enclosure shall
be lockable and locked when
not in use. A berm shall be
installed at all openings to hold
in any liquids that escape from
the dumpster and to prevent
any flow of storm water
through the trash enclosure
area. The berm can be
designed wide and flat to allow
rolling of the dumpster in and
out.
Grease bins are proposed so
the berm shall perform as a
secondary containment for
potential spills,
Plazas, sidewalks and
Management may contract
Plazas, sidewalks and parking lots
parking lots,
with a contractor to provide
shall be swept regularly to prevent the
sweeping or vacuuming of the
accumulation of litter and debris,
parking lot and paved areas.
Follow the procedures given by
The use of water to flush
CASQA "Parking/Storage Area
debris and sediment into storm
Maintenance SC-43" when cleaning
drains shall be prohibited,
heavy oily deposits-
Remove oil and petroleum
. Clean oily spots with absorbent
hydrocarbons if any at the
materials
drive-way using housekeeping
. Use a screen or filter fabric over
cleaning fluids or calling
inlet, then wash surfaces
industrial and commercial
. Do not allow discharges to the
cleaning services contractors.
storm drain
Vacuum/pump discharges to a
tank or discharge to sanitary sewer
• Appropriately dispose of spilled
materials and absorbents
The best demonstration that the above
BMP measures will remove oil and
petroleum hydrocarbons at the
driveway and drive thru is to contract
with a commercial cleaning service
contractor for regular maintenance,
He must keep a log book of
maintenance and procedures
performed and be ready to share
results when required.
Maintenance Conditions
After project completion, owner will contract with landscape maintenance contractor to maintain
landscape,
The bioretention facilities should be mowed regularly to maintain vegetation height between 4
and approximately 6 inches, and to promote thick, dense vegetative growth, Clippings are to be
removed immediately after mowing. Regularly maintain the bioretention facilities to remove all
litter, branches, rocks, or other debris. Damaged areas of the bioretention facilities should be
repaired immediately by reseeding and applying mulch. Remove all accumulated sediment that
may obstruct flow through the facilities Irrigate the bioretention facilities during dry season,
The funding for the treatment and structural BMPs will be provided by the Chick-fil-A restaurant
through the current budget for Operation and Maintenance.
Responsible Party Information:
Name: Don Ikeler
Company: Chick-fil-A
Address* 16 Technology Drive, Suite 148, Irvine CA 92618
Phone Number: (404) 305-4407