2013-686900 . . DOC ## 2013-0686900
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NOV 21 , 2013 1 0:43 AM
OFFICIAL RECORDS
Recording Requested By: SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg,Jr.,COUNTY RECORDER
FEES: 49.00
City Engineer J PAGES: 12
When Recorded Mail to:
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
APN: 216-052-10-00✓ Plannin g Case: 04-286 TPM/CDP
Permit #: 353-G/I
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and SHEA HOMES LIMITED PARTNERSHIP, A
CALIFORNIA LIMITED PARTNERSHIP, 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 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 terms and conditions of this agreement and the
plans and specifications identified in approved Grading Plan Number 353-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)In 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:
SHEA HOMES LIMITED PARTNERS IP, A CALIFORNIA LIMITED
PARTNERSHIP
By: 44
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Title
Date
By:
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Print Name
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Title ' I /I�
Date
(Notarization of DEVELOPERs signature is attached).
CITY OF ENCINITAS:
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Fuv Glenn Pruim Date
Director of Engineering and Public Works
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ofs DICAp SS.
L�
On , _"ZI —7Q 13 before me, A-n[ PrN S1 fyn O r) , Notary Public,
DATE J
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personally appeared PA aS � M O`i'�e yr who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s)(pare subscribed t the within instrument
and ackno ledged to me that�she/they executed the
sam ii /her/their authorized capacity(ies), and that
by li 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
ANGEIA A. SIYON laws of the State of California that the foregoing
Comm.#2DD9314 N g g
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Sul D*w CMTY
MIY CM EV.".2,2017
WITNESS my hand and official seal.
NOTARY'S SIGNATURE
PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT
❑ INDIVIDUAL
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TITLE(S)
ATTORNEY-IN-FACT
NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER: DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) s
RIGHT
THUMBPRINT g
OF a
SIGNER o
a
k
APAI/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM s 2005-2008 VALLEY-SIERRA INSURANCE
ACKNOWLEDGMENT
State of California
County of San Diego )
On November 14, 2013 before me, Patty Rivas, Notary Public
(insert name and title of the officer)
personally appeared John B. Vance and Sarah Morrell
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)ja,/are
subscribed to the within instrument and acknowledged to me thattmAsks they executed the same in
h /their authorized capacity(ies), and that by hisMerltheir 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 seal.
PATTY RIVAS
COMM.#1960370 CO)
NOTARY PUBLIC •CALIFORNIA o
SAN DIEGO COUNTY
Signature (Seal) CommissanExpires Nov 13,2015
EXHIBIT "A"
Legal Description of Property
ALL THAT PORTION OF THE SOUTH HALF OF SECTION 33, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT BEING THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF TOWNSHIP
TWELVE SOUTH, RANGE FOUR WEST, SAN BERNARDINO MERIDIAN, WITH THE
EASTERLY LINE OF THE A.T. & S.F. RAILWAY COMPANY'S RIGHT-OF-WAY;
THENCE ALONG SAID EASTERLY LINE OF THE RIGHT-OF-WAY, NORTH 150 43'
30" WEST A DISTANCE OF 257.70 FEET; THENCE NORTH 740 13' 45" EAST
(RECORD
NORTH 740 14' 45" EAST) A DISTANCE OF 653.89 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 150 32' 40" WEST 437.33 FEET; THENCE
NORTH 67 039' EAST 186.04 FEET; THENCE NORTH 831 04' 15" EAST 8.34 FEET;
THENCE
SOUTH 150 46' EAST 457.23 FEET; THENCE SOUTH 74113' 45" WEST (RECORD
740 14' 45" WEST) 194.60 FEET TO THE TRUE POINT OF BEGINNING.
SCALE 1" = 60' EXMIT "B" SHEET 1 OF 3
PLAT OF STORMWATER FACH TI'IES
186.021 �s
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REMAINDER PCT,.
HOMEOWNER MAINTAINED
LANDSCAPE AREA IN PUBLIC
RIGHT-OF-WAY
5' DG PATHWAY
HOMEOWNER MAINTAINED
5' GRAVEL SWALE
HOMEOWNER MAINTAINED
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ANDRE04 AVENUE N
COASTAL LAND SOLUTIONS,INC.
573 SECOND STREET REFER TO CITY
ENCINITAS. CA 92024 OF ENCINITAS
PH (760) 230-6025 GRADING PLAN
FAX (760) 230-6026 NO. 353—G
CLS#1143
EXHIBIT "B" SHWr 2 OF 3
PLAT OF STORMWATER FACII.ITIES
SWALE SHALL BE PLANTED WITH
ADEQUATE GROUNDCOVER OR TURF.
PLANTS THAT ARE NOT PRONE TO
BLOCKING THE DRAINAGE FLOW MAY
ALSO BE PLANTED ON SIDE SLOPES.
TURF REINFORCEMENT
MAT IF APPLICABLE
WIDTH AND DEPTH **SEE NOTE BELOW
I I III VARIES PER PLAN
I III I ► ►I ►
6" MIN. ENGINEERED SOIL
*SEE NOTE BELOW
10" MIN. FILTER MEDIA:
3 PART CLEAN WASHED SAND
18" MIN. TO 1 PART 3/8 GRAVEL
2" MIN. 3/8" GRAVEL
6" - 3/4" CRUSHED ROCK
IMPERVIOUS LINER EXISTING 12" STORM DRAIN
CONNECTED TO
ON BOTTOM 24 MIN.
*"ENGINEERED SOIL" LAYER SHALL BE MINIMUM 6" DEEP "SANDY LOAM' SOIL MIX WITH NO
MORE THAN 5% CLAY CONTENT. THE MIX SHALL CONTAIN 50-60X SAND, 20-30X COMPOST OR
HARDWOOD MULCH, AND 20-30X TOPSOIL. FREE OF STONES, STUMPS, ROOTS, OR SIMILAR
OBJECTS, AND ALSO FREE OF NOXIOUS WEEDS.
**NORTH AMERICAN GREEN C350 TURF REINFORCEMENT MAT OR APPROVED EQUIVALENT
SHALL BE LAID AND ANCHORED PER MANUFACTURER'S SPECIFICATIONS FOR SWALES WITH A
LONGITUDINAL SLOPE OF GREATER THAN 5X AND/OR IF THE VELOCITY OF WATER IN THE
SWALE EXCEEDS 8 FT/SEC.
PRIORITY BIOSWALE DETAIL
NOT TO BE ALTERED WITHOUT CITY PERMIT
C7OAS AX I.AM SOLUrf0 S,nM.ILN S 573 SECOND STFM REFER TO CITY
ENCINITAS, CA 92024 OF ENCINITAS
PH (760) 230-6025 GRADING PLAN
FAX (760) 230-6026 NO. 353-G
CLS#1143
MERIT "B" SEDWr 3 OF 3
PLAT OF STORMWATER FACH ITIES
RETENTION AREA SHALL BE LEVEL AND DEPRESSED
A MINIMUM OF 6" FROM SURROUNDING GRADE
DEEP ROOTED, DENSE, DROUGHT
TOLERANT PLANTING SUITABLE
FOR WELL DRAINED SOIL
2-3" HARDWOOD pGE
MULCH APPROVED cv�FO�N
6" GRATE INLET Fv
4"
_ _ _ _ 24" MIN. ENGINEERED SOIL
IMPERVIOUS _ *SEE NOTE BELOW (TYP.)
LINER ON III—� —� -III—� —12" RISER —�
SIDES -III-I�—I—III I I GR I— IMPERVIOUS
III-III-III-III-I I I I-III-I I -I I I-I I I LINER ON SIDES
-III-III-1I I-1 -I I I-I I I-I I I-III. 2-3" OF 3/8" GRAVEL
2-3" COVER OVER PIPE,
4" PERFORATED PVC PIPE 3/4" CRUSHED ROCK
*PLACE PIPE WITH
PERFORATIONS AT THE 12"•MIN.
INVERT SIDES ONLY **SEE NOTE°
BELOW • ° 3/4" CRUSHED ROCK
TIE 4" PERF. PVC TIE 4-6" PVC PIPE IMPERVIOUS
PIPE TO RISER TO STORMDRAIN LINER ON BOTTOM
SYSTEM
*BIORETENTION "ENGINEERED SOIL" LAYER SHALL BE MINIMUM 24" DEEP " SANDY LOAM" SOIL
MIX WITH NO MORE THAN 5% CLAY CONTENT. THE MIX SHALL CONTAIN 50-607. SAND, 20-30%
COMPOST OR HARDWOOD MULCH, AND 20-30% TOPSOIL.
**3/4 CRUSHED ROCK LAYER SHALL BE A MINIMUM OF 12" BUT MAY BE DEEPENED TO INCREASE
THE INFILTRATION AND STORAGE ABILITY OF THE BASIN.
BIORETENTION DETAIL
NOT TO BE ALTERED WITHOUT CITY PERMIT
COASTAL LAND SOLUITONS,INC.
573 SECOND STREET REFER TO CITY
ENCINITAS. CA 92024 OF ENCINITAS
PH (760) 230-6025 GRADING PLAN
FAX (760) 230-6026 NO. 353—G
CLS#1143
EXHIBIT "C"
Minimum Maintenance Requirements of Stormwater Facilities (Frequency and Procedures)
TPM#04-286\353G and I
Parcel# 1 2 3 4 Remainder
Bioretention Basin x x
Bioswale x x x
Private 4"to 6"SD Pipe x x x
Private 12"SD Pipe x x
Landscape Area in R-O-W x
DG Pathway x
Gravel Swale x
Required Maintenance
Bioretention Basin
Debri removal monthly
Protect inlet on-going
Mow quarterly
Bioswale
Debri removal monthly
Protect inlet on-going
Private Stormdrain Pipes
Debri removal monthly
Protect inlet on- oin
Landsca a Area in R-O-W
Mow or Debri Removal month)
DG Path
Rake path quarterly
Gravel Swale
Rake rocks quarte rl