2014-220891 DOC ## 201 4-0220001
MAY 29, 2014 4:45 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Recording Requested By: Ernest J. Dronenburg,Jr.,COUNTY RECORDER
1� FEES: 46.00
City Engineer PAGES: 11
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,
STORMWATER POLLUTION CONTROL, AND HYDROMODIFICATION
MANAGEMENT FACILITIES BY HOMEOWNER
APN: 264-020-18 Case #: 06-009DR/13-175SUBC
C,
Grading Plan: 9602-G
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and WILLIAM H. GISH III, TRUSTEE OF THE
GISH TRUST A DATED SEPTEMBER 26, 1974, 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 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 9602-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:
William H. Gish II V, Trustee Q Date
vn.c�, rti
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Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
mf-yS%rr VS/ Z / 14
Fir Glenn Pruim Date
Director of Engineering and Public Works
City of Encinitas
Notarial certificate Attached
Date 19 /
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE§ 1189
State of California
County of 2
On '3 , before me, e
D to Here Insert Name an Title of th6 dfficer
personally appeared CA,
Name(s) of Signer(s)
a or rA,Q IV-) cei e_
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who proved to me on the basis of satisfactory
evidence to be the person($) whose name(p) is/are
subscribed to the within instrument and acknowledged
to me that heshe/they executed the same in
,Wt/her/ttmefF authorized capacity(ies), and that by
,4�/her/tle(r signature(g) on the instrument the
person($), or the entity upon behalf of which the
JOYE DAWN CATO person(pp) acted, executed the instrument.
,are. Commission # 1964382
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1: No tary Public California z I certify under PENALTY OF PERJURY under the laws
z ° ✓ San Diego County D of the State of California that the foregoing paragraph
My Comm.Expires Jan 18,2016
P is true and correct.
WITNESS my hand and offic' seal.
Place Notary Seal Above Signature: the
ignature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Do ument
Title or Type of Document: D=� � - Document Date: I��
Number of Pages: �_ Signer(s) Other Than Named Above: LV
Capacity(ies) Claimed by Si ner(s)
Signer's Name: ,-C 6Y-)- &z<C, Signer's Name:
El Corporate Officer—Title(s): El Corpo Officer—Title(s):
❑ Partner— ❑ Limiteo ❑ General ❑ Partner— ❑ ed ❑ eral
❑ Individual ttorney in Fact ❑ Individual ❑ ey in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee uardia Conservator
❑ Other: ❑ Other:
.0 s� VLlian1 &15N
Signer Is Representing: Sign s Representing:
0 2013 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT'A'
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1 OF PARCEL MAP NO. 18210, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 25, 1999.
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N 5406 ,f
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13002.LGL
EXHIBIT 'B'
DESCRIPTION AND PLAT OF STORMWATER FACILITIES
INCLUDING DETAILS AND SIZES
SCALE : 1" = 50'
_
-31
PARCEL 1, PARCEL MAP No. 18210
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BIORETENTION BASIN AREA °
PLAT LEVEL PORTION OF
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Q OFESS BIORETENSION BASIN = 1,400 SF \
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to 190 m _
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* JOB No. 13-002 5-23-14
Cl V SOWARDS & BROWN ENGINEERING
�qTF OF CA��F
CONSULTING
2 8 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA,CA.,92007
SHEET1 OF 2 TEL.760/436-8500 FAX 760/436-8603
EXHIBIT 'B'
DESCRIPTION AND PLAT OF STORMWATER FACILITIES
INCLUDING DETAILS AND SIZES
BIO-RE TEN TION BASIN
AREA = 1,400 SF
DEEP ROOTED,
OVERFLOW RISER DENSE, DROUGHT
In INSIDE DIA. CLEANOUT SWEEP AND GRATE BY TOLERANT PLANTIN
EXIST GRADE WITH END CAPPED 'NDS' SUITABLE FOE WELL
TO REMAIN DRAINED SOIL
k�,Zi',t ti d1
s f't�F�fii It N0W I
�
/\\ 2 HARDWOOD MULCH
%// 18" ENGINEERED SOIL
8" STORM DRAIN PVC LAYER
° ° ° °
(SDR 35 MIN) STAND STORM DRAIN PIPE PIPE
Y ' ° ° ° °
PIPE ° ° ° ° ° SIZE & SLOPE PER PLAN
1" INSIDE DIA. MODIFIED PERFORATED PVC 1" INSIDE DIA. PVC SOLID PIPE
PIPE TO ACT AS OUTFLOW ORIFICE. 18" N 318" CRUSHED ROCK LAYER
CONTRACTOR TO DRILL PERFORATIONS AND
CONNECT TO STORM DRAIN OUTLET
NOTE
BIORETEN110N "ENGINEERED SOIL" LAYER SHALL BE MINIMUM 24" DEEP "SANDY LOAM" SOIL MIX
WITH NO MORE THAN 59' CLAY CONTENT. THE MIX SHALL CONTAIN 50-609 SAND, 20-307.
COMPOST OR HARDWOOD MULCH, & 20-30q TOPSOIL, FREE OF STONES, STUMPS, ROOTS, OR
SIMILAR OBJECTS, & ALSO FREE OF NOXIOUS WEEDS
1310-RETENTION BASIN - DETAIL 'A'
BMP TREATMENT
Q�oQ�pFESS/O,ygl
m
m
o. 190
e
P. /30/14 * JOB No. 13-002 5-23-14
SOWARDS & BROWN ENGINEERING
C I U 1 \P
2187 NEWCASTLE AVENUE SUITE 103
qTF OF CAS\Fp�� CARDIFF BY THE SEA,CA.,92007
SHEET2 OF 2 TEL.760/436-8500 FAX 760/436-8603
EXHIBIT `C'
Minimum Maintenance Requirements for Stormwater Facilities
(Frequency and Procedures)
INSPECTIONS OF THE SITE TO BE PERFORMED WEEKLY DURING SEASONAL WET
PERIODS TO IDENTIFY BMP EFFECTIVENESS AND IMPLEMENT REPAIRS OR DESIGN
CHANGES AS SOON AS FEASIBLE DEPENDING UPON FIELD CONDITIONS. ALL
CORRECTIVE MAINTENANCE TO BMPS SHALL BE PERFORMED AS SOON AFTER THE
CONCLUSION OF EACH STORM DEPENDING UPON WORKER SAFETY.
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ALL—PURPOSE ACKNOWLEDGMENT
State of California
County of 5c y\ p(mx SS.
On ( y before me, pGelm A . S i me n Notary Public,
DATE
personally appeared N\0,51 who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is are subscribed tLQ the within instrument
and ackn wledged to me that he she/they executed the
same is er/their authorized capacity(ies), and that
by is er/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
Comm.#2009314
NoLe rARr KIM ic-MWOR M N_ paragraph is true and correct.Wim
$A*kao
Mr Cow.EXP.Mut.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.
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INDIVIDUAL
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
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ATTORNEY-IN-FACT
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OTHER: DATE OF DOCUMENT
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a
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