2014-207007 DOC ## 2014-0207007
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MAY 20, 2014 4:57 PM
OFFICIAL RECORDS
Recording Requested By: SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg,Jr.,COUNTY RECORDER
FEES: 55.00
City Engineer PAGES: 14
When Recorded Mail to: 11111111111111 IN
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,
STORMWATER POLLUTION CONTROL, AND HYDROMODIFICATION
MANAGEMENT FACILITIES BY HOMEOWNER
APN: 216-030-62 Case #: 13-194 CDP/DR
Grading Plan: 11903-G
9
v
THIS AGREEMENT EEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and Christopher John Connolly and Rhonda Marie
Connolly Co Trustees of the Connolly Trust as Co Trustees of the Connolly Family
Trust, dated July 11, 1997, 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, stormwater pollution control, and hydromodification management 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,
Hydromodification Management Plan (HMP) facilities, 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 deficiehcies, 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 11903-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
Ckstr o ly, Owner/Trustee Date
Rhonda M. Connolly, Owner/Tru ee Date
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
/V- /0 5/ 1 3i 14
M A S v to nn rL
Cer Glenn Pruim Date
Director of Engineering and Public Works
City of Encinitas
EXHIBIT"A"
PARCEL C AS SHOWN ON CERTIFICATE OF COMPLIANCE, AS EVIDENCED BY DOCUMENT
RECORDED JULY 27, 2006 AS INSTRUMENT NO. 06-531586 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
THOSE PORTIONS OF LOTS 7 AND 8 IN 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 UNITED STATES GOVERNMENT SURVEY APPROVED OCTOBER
25, 1875, BEING ALSO A PORTION OF PARCEL 1 OF PARCEL MAP NO. 10941 FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 29, 1981 AS FILE NO. 81-029896
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 8 DISTANT THEREON SOUTH
89°24'01" EAST (RECORD NORTH 89°58' EAST) 144.92 FEET FROM THE SOUTHWEST CORNER OF
SAID LOT 8, SAID POINT BEING ALSO A POINT ON THE CENTER LINE OF LA COSTA AVENUE AS
SHOWN ON COUNTY ROAD SURVEY NO. 346 FILED IN THE OFFICE OF THE COUNTY SURVEYOR;
THENCE NORTH 0 055'01" WEST 188.57 FEET TO THE TRUE POINT OF BEGINNING;THENCE
SOUTH 89 000'37" WEST 145.22 FEET; THENCE NORTH 66 053'35" WEST 117.15 FEET (RECORD
117.01 FEET)TO AN INTERSECTION WITH THE NORTHWESTERLY MEANDER LINE OF SAID LOT 7;
THENCE NORTH 33°06'32" EAST ALONG SAID MEANDER LINE 4.24 FEET (RECORD 4.00 FEET)TO
AN ANGLE POINT IN SAID MEANDER LINE;THENCE NORTH 37°36'32" WEST ALONG SAID
MEANDER LINE 35.72 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 2 OF SAID PARCEL
MAP NO. 10941; THENCE NORTH 89°04'59" EAST(RECORD NORTH 89°00'37" EAST) ALONG
SAID SOUTHERLY LINE 227.60 FEET;THENCE SOUTH 0 0055'01" EAST 78.97 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION, 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 AND RIGHT-OF-WAY FOR ROAD AND UTILITIES PURPOSES OVER, UNDER, ALONG
AND ACROSS THAT PORTION OF LOT 8 IN 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 UNITED STATES GOVERNMENT SURVEY APPROVED
OCTOBER 25, 1875, BEING ALSO A PORTION OF PARCEL 1 OF PARCEL MAP NO. 10941 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 29, 1981 AS RLE NO.
81-029896 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 8 DISTANT THEREON SOUTH
89°24'01" EAST (RECORD NORTH 89°58' EAST) 144.92 FROM THE SOUTHWEST CORNER OF SAID
LOT 8, SAID POINT BEING ALSO A POINT ON THE CENTER LINE OF LA COSTA AVENUE AS SHOWN
ON COUNTY ROAD SURVEY NO. 346 FILED IN THE OFFICE OF THE COUNTY SURVEYOR; THENCE
NORTH 0°55'01" WEST 267.53 FEET; THENCE SOUTH 89°04'59" WEST 26.00 FEET; THENCE
SOUTH 0 055'01" EAST 266.85 FEET TO A POINT ON THE CENTER LINE OF SAID ROAD SURVEY
NO. 346; THENCE SOUTH 89°24'01" EAST ALONG SAID CENTER LINE 26.01 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION OF SAID EASEMENT LYING WITHIN PARCEL 1 ABOVE.
STOFRM "ATER MAINTENANCE
AGFREE «NT EXH101 T
N*89 04'59'E 227.60'
ex
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S89 VO 377W 14522'
HATCHM AREA F1EPFIESEJVTS PFFXIANENT
BMRETWMN BASIN BW AFE4 FOR
LID TFE4714ENT AND TREATMENT CONTROL.
WT TO BE 1WIFIEO NITHOUT A PERK T FF�
TIE Cm a= OCI NITAa 455 .W
SCALE
OWNER APPLICANT 54 JWT CHRIS COMIOLL Y _ __—_- �
3306 BINNANN ROAD =-Sim=_- -
ENCINITAa CA 92024
SITE ADDRESS Z
Q
410 LA COSTA AVENUE = N
ENCINITAa CA 92024 - -�
ASSESSORS PARCEL NUMBER
216-030-62 =_ ENCINITAS
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LEGAL DESCRIPTION =
PARCEL C AS SHOWN ON CERTIFICATE OF 11IGI NI TY MAP g
CO PLIANGE� AS EVIDENCED BY DOLUENT N0T TO SCALE Vu
RECORDED JULY 27, 2006 AS INSTRUMENT
NO. 06-531586 OF OFFICIAL RECORDS
EXH I E3 1 T '0 '
EXHIBIT `C'
Minimum Maintenance Requirements for Stormwater Facilities
Bioretention Areas
To preserve bioretention performance, the cells must be maintained. Like any landscape
feature, bioretention areas must be pruned, mulched, and even initially watered and
limed. Grassed bioretention cells are usually mowed. The need for rapid establishment
requires bioretention cells to be limed, if indicated by a soil test. Additionally, plants may
need to be spot-fertilized to ensure growth and survival in low P soils. Watering the
plants every 2 to 3 days for a month or two helps ensure vegetation survival. The
frequency of these tasks varies seasonally, with more frequent maintenance required in
summer than in winter. Maintenance tasks unique to bioretention include occasional
removal of mulch and the top layer of fill soil. Because clogging occurs most frequently
at the top of the soil column,the bioretention basin rarely needs to be completely
excavated. However,this has been necessary when the bioretention cell was located in an
unstable drainage area.
BIORETENTION MAINTENANCE TASKS
Task Frequency Maintenance Notes
Pruning 1 - 2 times/year Nutrients in runoff often cause
bioretention vegetation to flourish.
Mowing 2 - 12 times/year Frequency depends upon location
and desired aesthetic appeal
Mulching 1 - 2 times/year
Mulch accumulation reduces available water
Mulch Removal 1 time/2 - 3 years storage volume. Removal of mulch also increases
surface infiltration rate of fill soil.
1 time/2 - 3 days for first If drought, watering after the
Watering 1 - 2 months. Sporadically initial year may be required.
after establishment.
One time spot fertilization for"first year"
Fertilization 1 time initially vegetation.
Remove and Replace 1 time /year Within the first year, 10 percent of plants may die.
Dead Plants Survival rates increase with time.
Miscellaneous 12 times/year Tasks include trash collection, spot weeding,
Upkeep and removing mulch from overflow device.
BMP Swales and Landscape Areas
The operational and maintenance needs of an IMP Basin is:
• Vegetation management to maintain adequate hydraulic functioning and to limit
habitat for disease-carrying animals.
• Animal and vector control.
• Periodic sediment removal to optimize performance.
• Trash, debris, grass trimmings, tree pruning, and leaf collection and removal
to prevent obstruction of a Swale and monitoring equipment.
• Erosion and structural maintenance to prevent the loss of soil and maintain
the performance of the Swale.
Functional Maintenance
Functional maintenance has two components:
Preventive maintenance
Corrective maintenance
Preventive Maintenance
Preventive maintenance activities to be instituted at an IMP Basin are:
• Trash and Debris. During each inspection and maintenance visit to the site,
debris and trash removal will be conducted to reduce the potential for inlet
and outlet structures and other components from becoming clogged and
inoperable during storm events.
• Sediment Removal. Sediment accumulation, as part of the operation and
maintenance program at a Swale, will be monitored once a month during the
dry season, after every large storm (0.50 inch), and monthly during the wet
season. Specifically, if sediment reaches a level at or near plant height, or
could interfere with flow or operation, the sediment will be removed. If
accumulation of debris or sediment is determined to be the cause of decline
in design performance, prompt action (i.e., within ten working days) will be
taken to restore the Swale to design performance standards. Removal of
Standing Water. Standing water must be removed if it contributes to the
development of aquatic plant communities or mosquito breeding areas.
• Fertilization and Irrigation. The vegetation seed mix has been designed so
that fertilization and irrigation is not necessary. Fertilizers and irrigation
will not be used to maintain the vegetation.
• Elimination of Mosquito Breeding Habitats. The most effective mosquito
control program is one that eliminates potential breeding habitats.
Corrective Maintenance
Corrective maintenance is required on an emergency or non-routine basis to
correct problems and to restore the intended operation and safe function of a
BMP Swale. Corrective maintenance activities include:
• Removal of Debris and Sediment. Sediment, debris, and trash, which
impede the hydraulic functioning of a Swale and prevent vegetative growth,
will be removed and properly disposed.
• Structural Repairs. Once deemed necessary, repairs to structural
components of a Swale and its inlet and outlet structures will be done within
10 working days.
• Embankment and Slope Repairs. Once deemed necessary, damage to the
embankments and slopes of Swales will be repaired within 10 working
days).
• Erosion Repair. Where a reseeding program has been ineffective, or where
other factors have created erosive conditions (i.e., pedestrian traffic,
concentrated flow, etc.), corrective steps will be taken to prevent loss of soil
and any subsequent danger to the performance of a Swale. There are a
number of corrective actions than can be taken. These include erosion
control blankets, riprap.
Storm Water Conveyance System
• Periodic inspections of the inlet and outlet areas to ascertain correct operation of
system and to clean materials trapped on grates protecting catch basins and inlet
area should be required monthly.
o Routine sweeping and cleaning of impervious drainage areas will reduce
floatables and sediment loading to underground stormwater conveyance
system.
• The primary maintenance concerns are removal of floatables that become trapped
and removal of accumulating sediments within the system; this should be done at
least on an annual basis.
• Confined space safety procedures must be followed by workers entering
an underground stormwater storage facility.
• Sediments are best removed mechanically rather than flushing. If flushing
is the only option then great care must be taken not to flush sediments
downstream into native waters.
• Any structural repairs required to inlet and outlet areas should be addressed in a
timely manner on an as needed basis.
• Local authorities may require annual inspection or require that they carry out
inspections and maintenance.
• The pump system must be tested and inspected before each rainy season and after
each major storm event.
State of California )
County of V1A q� 0 )
On M 12 , 2014 before me, LA Gl e44Ol. to na yLf , NOTARY
PUBLIC, personally appeared h1yi Connp)W o KJ Rhojda ki - &-)tAO 11y ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)A/are
subscribed to the within instrument and acknowledged to me that lye/sly/they executed the same
in 1*/her/their authorized capacity(ies), and that by hiller/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument,
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. MAGDA ELENA CONANT
commission NO.1928109
��''��nn NOTARY PUBLIC-CALIFORNIA to
Signature (�M (Seal) Nrccww"ionExpi� a COUNTY 1s
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SmlY Die inc) SS.
On —13— Zd 114 , before me, Ji y'10 h , Notary Public,
DATE
personally appeared lv\aS I b N\0.ke r 'who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/ re subscribed the within instrument
and ackn ledged to me tha&she/they executed the
sam hi her/their authorized capacity(ies), and that
by i '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. SIYON laws of the State of California that the foregoing
Comm.#2009314 g
N NOTWY PUBIIC•C&I'll,U - paragraph is true and correct.
SAN DIEGO COUNT 2017
W Cow.EXF W
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 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
F1 OTHER: DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: i
NAME OF PERSON(S)OR ENTITY(IES) RIGHT c
THUMBPRINT
OF L
SIGNER o
a
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