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2013-703800 DOC # 201 3-0703800 I Illlllil III IIIII IIIII IIIII IIIII 1111111111111111111111111111111111 IN DEC 03, 2013 3:52 PM Recording Requested By: SAN DIEGO OCO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr..COUNTY RECORDER City Engineer FEES: 46.00 PAGES: 11 When Recorded Mail to: l i p City Clerk Cr IIIIIIIIIiII�����IIIII11111I1i111118III lIIIIIIIiiIIIIIII11111 il1111111111ININ City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE A,t AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER \�\� APN: 216-030-21-00 Planning Case #: 13-145 CDP lJ Gradin g Plan: 11723-G THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and Lawrence Bruce McDaniel and Susan Eileen McDaniel, Trustees of the McDaniel Family Trust dated June 5, 1992, 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 11723-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. OW La ;r�enc�eBruce McD niel Date Trustee/Owner / - Susan Eileen McDaniel Date Trustee/Owner Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CITY OF ENCINITA �....�:,, Z/ - 2,0- 13 Glenn Pruim Date Director of Engineering and Public Works CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California county of San Diego On 110 before me, 'Daina Blackmon, Notary Public (Hereinsert rt name and of the officer) personally appeared V,V� VI IC�/ ��� MANd D O "ww 6�tn who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) Mare subscribed to the within instrument and acknowledged to me that he4he/they executed the same in his+er/their authorized capacity(ies), and that by his4ter/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. ,...� + OFFICIAL SEAL WITNESS my hand and official seal. DAINA MACKMON VMY NOTARY PUBLIC-CALIFORNIA COMM.NO.1930561 SAN DIEGO COUNTY (Notary Seal) COMM.EXP.MARCH 27,2015 Signature of Notary Pi&lic ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The on/v exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/dies-is/are)or circling the correct forms.Failure to correctly indicate this • Individual(s) information may lead to rejection of document recording. • Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. El Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO.Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com ALL:-PURPOSE ACKNOWLEDGMENT State of California SO V\ 1)i eao SS. County of /�� On j 1—�(O— 20(� , before me, AY)a 'O` Notary Public, DATE personally appeared n n Or u i m ,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Q/are subscribed the within instrument and ackn ledged to me that ld/she/they executed the sam 'n 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 ANGELA A. SIMON laws of the State of California that the foregoing N CoMM.t 2009314 u paragraph is true and correct. A NOTARY PUBUC•CAUFORNIA g ra P SAN DIEGO COUNTY MY Corm Ev.MAR 2,2017 WITNESS my hand and official seal. �L�kL a- "- , 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 OF ATTACHED 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) RIGHT c THUMBPRINT g OF SIGNER o a H APA 1/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2008 VALLEY-SIERRA INSURANCE EXHIBIT "A" Legal Description of Property All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel 1: That portion of Lot 8, in Section 33, Township 12 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, approved October 25, 1875, described as follows: Beginning at a point on the South line of said Lot, distant thereon North 89 058'East 514.05 feet from the Southwest corner of said Lot 8, being a point in the center line of County Road as shown on map of County Road Survey No. 346 in the office of the County Surveyor of said San Diego County; thence North 1033'West 701.80 feet to the True Point of Beginning; thence continuing North 1°33'Vilest 94.5 feet; thence South 88'27'tritest 179 feet, more or less, to the Northwesterly meander line of said Lot 8; thence following said meander line in a general Southwesterly direction 120 feet, more or less,to intersection with a line bearing South 88 027'Vilest from the True Point of Beginning; thence North 88027' East 253 feet, more or less, to the True Point of Beginning; EXCEPTING that portion thereof, if any, heretofore or now lying below the mean high tide line of the Pacific Ocean or any so-called arm of the sea. Parcel 2: An easement for roast and utility purposes over a strip of land 40 feet in width over that portion of Lot 8, in Section 33, Township 12 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, the center line of said easement being more particularly described as follows: Beginning at a point on the Southerly line of said Lot,distant thereon South 89 024'01" East 514.05 feet from the Southwest comer of said Lot 8, said point also being on the center line of Road Survey No. 346; thence North 0 055'01" West 796.82 feet, more or less, to the Southerly line of that land conveyed to Joseph F. Solari, et ux, by deed recorded in Book 2211 Page 203 of Official Records of San Diego County; EXCEPTING THEREFROM all that portion lying Southerly of the Northerly sideline of said Road Survey 345. The sidelines of said 40.00 foot strip are to be prolonged and/or shortened so as to terminate in the North in the Southerly line of said Solari land and in the South in the Northeriy sideline of said Road Survey 346. Assessor Parcel No. 216-030-21-00 I, N '�e ' z H I^ J N p 'S 3� �-W Z: t n K N AC- •gyp PERVIOUS PAVERS N in -i :.;•.;. ,.. 33'G14-8 CON.. OWY 0 N 00°55' 01" W 94.50' (N 01°33'°.W OD.) °• a� 0i {p 0 o� UWO� { wFQ�y w r Li V l / � UWW. Ud 30 W aCDQJ~ f �VIMQIM �'! ZY F inmwma f/ 3 Nf f J °o SETBACK LINE Q 11 ZQt; � f f ci M Z 3 W O Qi in h cl <_ � U Q II it j W U U w J ZW W � N q W U J N W� ZZO. Q W 3 f - n Lo ^ m LL- N O a OD r \ > + X O N ow > �V n W :A o0 (/7 Z O N 0 o O w 3 w O n n 3 3 W a 0 3 O i.. c7 w N S li li O 4• I Z °D O 00 �_ 1 � p Q 7 w 3 3Bp 7 J i LO K Z CL 3 co Q. K N LL O x W __ \ Z J H 01 W Q � � d 0 o # • f X co i f i n s f�' N N 6! z S f♦ f irr• ' � � kJ�I a 1,b + a s a !►�b � • I i a a s "�S \ ♦ h f r i a ♦a pv� O� � f i i •a a f i • O > f h f # # f> >f Q f i f f h 0 11_` f i f 4 i f ♦ r • f ♦ ♦♦ f r f a I ,^ ♦ s s a f s a r + s + � 1 1 EXHIBIT 'B' PLAT OF STORMWATER FACILITIES 2OF2 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 TICK MAT. ** SEE NOTE BELOW f KIN. r DEPM 29 1 2% 2" MIN. 3/8" GRAVEL 18 16" MIN. 3/4" CRUSHED ROCK 6" MIN. ENGINEERED SO * SEE NOTE BELOW 24" * "ENGINEERED SOIL" LAYER SHALL BE MIN. 6" DEEP "SANDY LOAM" SOIL MIX WITH NO MORE THAN 5% CLAY CONTENT. THE MIX SHALL CONTAIN 50-60% SAND, 20-30% COMPOST OR HARDWOOD MULCH, AND 20-30% 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 5% AND/OR IF THE VELOCITY OF WATER IN THE SWALE EXCEEDS 8 FPS. NOTE: NO FILTER FABRIC IS TO BE USED IN THIS SECTION. VEGETATED SWALE - N.T.S. PERMANENT PRIORITY BMP NOT TO BE ALTERED w/o CITY PERMIT All EXHIBIT 'C' MINIMUM MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES FOR GRADING PLAN DRAWING NO. 11723-G BMP INSPECTION MAINTENANCE MAINTENANCE QUANTITY ESTIMATED FREQUENCY FREQUENCY METHOD ANNUAL COSTS VEGETATED Monthly Monthly&after SURFACE: Landscape 138 lineal feet $500 BIO-SWALES storm events. maintenance, remove (414 c.f.) debris. SUB-SURFACE: Repair engineered soils as needed. VERTICAL As Needed Twice per year& Verify vertical pit is draining (1)- 5' dia. x $500 SEEPAGE PIT after storm and not ponding. Remove 34'deep pit events. surface debris, replace (427 c.f.) landscaping and upper layer of gravel backfill plugged with silts and fines. VERT. PIT Monthly Monthly&after Landscape maintenance, 15' dia. buffer $250 LANDSCAPE storm events. remove surface debris. (56 s.f.) BUFFER