2015-398228 DOC# 2015-0398228
111111 IIIII IIIII IIIII IIII Illltl IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Jul 28, 2015 04 10 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr,
Recording Requested By: SAN DIEGO COUNTY RECORDER
I FEES $4500
City Engineer PAGES 11
1 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
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APN: 216-122-43, Planning Case #: 14-252 CDP
Grading Plan: 12280-G
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City', and WILLIAM C. LANSFORD JR. AND KIM L
LANSFORD, 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 20.03 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 12280-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 C. Lansford Jr., Owner Date
Kim L. Lansford, Owner Date
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS-
Alt All
Masih Maher for Date
for Glenn Pruim
Director of Public Works
AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND
STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER
APN: 216-122-43 Planning Case#: 14-252 CDP
Grading Plan: 12280-G
State of Texas
County of Tarrant
Before me, re- l a notary public, on this day personally
Y
appeared William C. Lansford, Jr., proved to me through presentation of his Texas
Driver's License to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes
and consideration therein expressed. Given under my hand and seal of office this
day of July, 2015.
Notary Public's Signature
9W0w^E*J*11,2017 BMW CASADOs
Noteuy PUL�C SIAM OF TEXAS
State of Texas
County of Tarrant
Before me/mLansford, a notary public, on this day personally
appeared proved tome through presentation of her Texas State ID
card to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and
consideration therein expressed. Given under my hand and seal of office this
day of July, 2015.
Notary Public's Signature
OFU T CASAD]2017 Notary Pubk
STATE OF TEXMy Comm.E*July
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY:
THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA:
PARCEL 4 OF PARCEL MAP NO. 19619, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE SAN DIEGO
RECORDER DECEMBER 8, 2004 AS FILE NO.2004-1154727
ASSESSOR'S PARCEL NO. 216-122-43-00
EXHIBIT 'B'
DESCRIPTION AND PLAT OF STORMWATER FACILITIES
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CUTOfF WALL PER DETAIL SHT 4 SURFACE TO EARTHEN EDGE
TOP MIN. DEPTH = 6 IN.
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PAO 356.5'
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PAD SHEET FLOW 4' PEl*MTED PVC PIPE
/E J52.20
FS 355.2' /
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DEPTH = 4 /NZK'
Tt7P WEIR 355.
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BIO-RETENTION WATER QUALITY TREATMENT A A:
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POST-CONSTRUCTION PERMANENT BMP
OPERATION & MAINTENANCE PROCEDURE DETAILS
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STORM VATER MANAGEMENT AND DISCHARGE CONTROL MAINTENANCE AGREEMENT
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G&N RESPONSIBLE PARTY DESIGNEES PROPERTY OVNER / HDA / CITY / OTHER a
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INSPECTION MAINTENANCE SHEET z
BMP DESCRI P TION FREQUEICY FREQUENCY MAINTENANCE METHOD QUANTITY NWBER(S) z
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SITE DESIGN CONST.FINAL ONCE SWMP FINAL INSPECTION 1 z
SOURCE CDNTROL CWT.FINAL ONCE SWMP Flw INSPECTION 1 m
TREATMENT C(INTROL NA NA NA -;no;rol p
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BMP FACILITY D Z
BID-RETENTION FACILITY SEMI AN(JAL SEMI ANUAL PER THIS 0&M AGREEMENT AND GRADING PLAN 12280 d--4 t7
MAINTAIN PERFORATED PIPE FLOW TO BUTLET, REMOVE 12280-G •
REMOVE DEBRIS FROM BASIN MAINTAIN FINAL BASIN SHT'S 2,4 o
DESIGN ELEVATIEWS PER Mt APPROVED GRADING PLAN. n
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PERMANENT PEST-CONSTRUCTION BMP NOTES; �x
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PERMENANT POST CONSTRUCTION BMP DEVICES SHOWN IN EXHIBIT 'B' AND ON GRADING PLAN -�
12280-G SHALL NOT BE MOVED OR MODIFIED WITHOUT THE APPROVAL OF THE CITY ENGINEER OR
RESIDENT ENGINEER AND THE ENGINEER OF WORK. 'n
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2314 Wakeforest Ct.
Arlington,TX 76012
July 23, 2015
Steven Nowack, P.E
Associate Civil Engineer
City of Encinitas—Engineering Services Dept.
505 S. Vulcan Ave.
Encinitas, CA 92024
Dear Steve,
After we received your email,we made changes to the page that the notary would sign and stamp. I
then called the San Diego County Recorder's Office and talked to a woman there. They told me to fax
this page to them and they would get back to me. So, I faxed this new page to them Tuesday afternoon,
asking them to respond either via email or a fax.
When I hadn't heard back from them by this morning, I called them back. I was told I should have sent it
to a person's attention, even though I wasn't given this instruction in my discussion with their office
Tuesday. So, I made sure to ask who I was talking to. Grace looked for my fax at the number I sent it to
but could not find it. So, I resent the fax to Grace's attention
Grace called me back a short time ago and said the page I sent would be acceptable, if it was notarized
and included other pages that were acceptable to the Recorder's Office. I also asked Grace who we
should make the check payable to—S D County Recorder.
After talking to Grace, my wife and I went to another notary and had the document notarized.
So, attached to this letter is the notarized document,along with a check for$47 made payable to S D
County Recorder
Please do not hesitate to let me know if there is any problem with getting this document recorded
Thank you for your help in this matter
Bill Lansford
Attachments
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared��
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/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 laws of the State of California that the foregoing
paragraph is true and correct.
SAMANTHA MORROW
J Commisswn No.2067518 0
v NOTARY PUBLIC CALIFORNIA
WITNESS my hand and official seal SAN DIEGO COUNTY
COnM SM E)W"May 9,2018
Si 9 naturg�� LA (Seal)