2012-371418Recording Requested By:
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City Engineer
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JUN 26, 2012 4:09 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg, Jr . COUNTY RECORDER
FEES 43.00
PAGES: 10
Recorded Mail to
When Clerk
City
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
APN 259-130-28 Planning Case- 05-050 TPM/CDP
Site Address 305 Princehouse Ln.
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and Kathryn A. Harris an unmarried woman and
James P. E. Waggaman an unmarried man as 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 10182-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.
Kathryn A Harris
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8 3/ ?w//
Date
Jam f s1P''' E Wagdnma h, Owner
Y- '5 i, 11
Date
Sic ature of OWNER must be notarized Attach the appropriate acknowledgement
CITY O NCINITAS
tiM1 A,^Lawr e A Watt
Public Works Director
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County o ,~C~Pz
On X11 before me ' Q! .64 14- A414 G,) U a 70 y PU ~C/C
Date Here Insert Name and Title o the Officer
personally appeared g'W 11X'1 &I UGC
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) j a e
subscribed to the within instrument and acknowledged
to me At he/she4!9~ executed the same in
12ANDA GAIL MILLJOUR his/her uthorized capacity(ies), and that by
• ' a Commission #1916144 < his/he he signature(s) on the instrument the
Notary Pubtlc - CatiforniaA person(s), or the entity upon behalf of which the
j San Diego county A person(s) acted, executed the instrument.
My Commission Exp. Jan. 6, 2015
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
Signature
Place Notary Seal Above Sign 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(lies) Claimed by Signer(s)
Signer's Name
Corporate Officer- Title(s)
❑ Individual
Top of thumb here
❑ Partner-[] Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other-
Signer Is Representing
Dc 2009 National Notarv A--iarinn . Kl ffi -iei....,..,
Number of Pages:
Signer's Name
❑ Corporate Officer - Title(s)
❑ Individual
El Partner - 11 Limited El General Top of thumb here
❑ Attorney in Fact
❑ Trustee
i❑ Guardian or Conservator
1-1 Other
Signer Is Representing:
- 1..,.,.,-.,,..--,, Item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ifo"County of coca/!'P14_59
L14 I
On . /QR ;Wli before me~.4~tlGbQ t.[.Tl1 Diu ~U y ~Bc.t c
Date Here Insert Name and Title f the Officer
personally appeared Zj4W&jW j4 ,TT
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)4:9are
subscribed to the within instrument and acknowledged
to me that 40she/they executed the same in
Ber/their er/their authorized capacity(ies), and that by
RANDA GAI! MILlJOUR signature(s) on the instrument the
Commission #1916144 < person(s), or the entity upon behalf of which the
Notary Public CalitornfaNN person(s) acted, executed the instrument.
> San Diego County A
My ommission Exp. Jan. 6, 2015 1 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
•il!s .
Place Notary Seal Above Signature Sig ure 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.
❑ Corporate Officer - Title(s)
❑ Individual
❑ Partner - ❑ Limited ❑ General Top of thumb here
El Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other-
Signer Is Representing
Signer's Name
❑ Corporate Officer- Title(s)
❑ Individual Misiv
❑ Partner - ❑ Limited ❑ General 7~7
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other-
Signer Is Representing.
Number of Pages:
k- - o,o-ooc,) Item #5907
EXHIBIT "A" Page I of 1
LEGAL DESCRIPTION - PROPERTY
That portion of the Northwest Quarter of Section 14, Township 13 South, Range 4 West,
San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of
California, according to United States Government Survey thereof in 1881, described as
follows:
Commencing at the Northwest corner said Section 14, as said corner is defined by the
location of a 1 1/2" iron pipe stamped "G.O.B. NW COR SEC 14 OCT 1928" shown on
Record of Survey Map No. 11782 filed in the Office of the Recorder of San Diego
County on September 8, 1988 (RoS 11782) as being accepted for the Northwest corner
of said Section 14, thence South 0042'43" West (South 0045'40" West per RoS 11782)
along the Westerly line of said Section 14 and the Easterly boundary line of the land
shown on Record of Survey Map No. 11782, 190.82 feet to the True Point of Beginning,
thence continuing along said Westerly line of Section 14, the Easterly boundary of RoS
11782, and the Easterly boundary line of the land shown on Record of Survey Map No.
17711 filed in the Office of the County Recorder of San Diego County on February 14,
2003 (RoS 17711) South 0042'43" West (South 0045'43" West per RoS 17711) 185.53
feet; thence North 89°09'21" East along the "agreed location of the common boundary
between DD1 and DD2" as shown on Record of Survey Map No. 17019 filed in the Office
of the County Recorder of San Diego County on June 8, 2001 (RoS 17019), 675 12 feet;
thence North 01 °05'03" East along the "agreed location of the common boundary
between DD1 and DDY as shown on RoS 17019, 170.60 feet; thence North 89°34'34"
West along the "agreed location of the common boundary between DD1 and DD4" as
shown on RoS 17019, 675.99 feet to the True Point of Beginning.
ExhibitA.Lgl-Property
Exhibit "C"
Maintenance Requirements
1~ Keep gravel filled cells well maintained
The surface of the unplanted turf block shall be vacuum cleaned using commercially
available sweeping machines when the cells become filled with silt and/or sedimentation
but shall be performed no less than once a year prior to the start of the rainy season
(October 1)
F1 If planted, turf block can be mowed as needed
F1 Inspect turfblock cells yearly preferably before the wet season Remove accumulated
trash and debris
When vacuum cleaning is conducted, inspect turf block and pavers for any signs of
hydraulic failure
As needed maintenance
1 If routine cleaning does not restore infiltration rates, then reconstruction of the part of
pervious surface not infiltrating is required
i The surface area affected by hydraulic failure should be lifted, if possible, for
inspection of the internal materials to identify the location and extent of the
blockage
Surface materials should be lifted and replaced if damaged by brush (or
abrasive) cleaning
' Sub-surface layers may need periodic cleaning and replacing
1 Deposits may need to be disposed of as controlled waste
Replace permeable joint materials as necessary