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2015-438390 DOC# 2015-0438390 l 7 P II I III I VIII VIII IIII VIII II I VIII III IIII IIII IIII IIII III C j Recording Requested By' Aug 18, 2015 04 32 PM OFFICIAL RECORDS City Engineeer Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER When Recorded Mail To FEES $63 00 City Clerk PAGES 17 City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 THIS SPACE ABOVE FOR RECORDER'S USE AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER APN See Exhibit "A" attached hereto Planning Case #, 11-115 and made a part hereof Grading Plan 10900-G THIS AGREEMENT is between the City of Encinitas, a municipal corporation, ("City"), and Shea Homes Limited Partnership, a California limited partnership, its heirs, successors, and assigns ("Developer"). WHEREAS, Developer is the owner of that certain real property ("Property"), that is described in Exhibit "B" which is attached hereto and made a part hereof, and consists of sixty-nine (69) residential lots (collectively, "Lots" and individually, "Lot") WHEREAS, this Agreement is for the periodic Maintenance by each buyer of a Lot in the Property (collectively, "Owners" and individually, "Owner") of certain private stormwater treatment and pollution control facilities (collectively, "Stormwater Facilities") located on each Lot, which include, but are not limited to, Best Management Practices (BMPs), Integrated Management Practices (IMPs) and Low Impact Development (LID) features The description and plat of Stormwater Facilities located on each Lot is set forth in Exhibit "C" 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 the Lots and will be and are used by the Owners, and WHEREAS, each Lot benefits and uses the Stormwater Facilities, which are shown in Exhibit "C"; and SMRH:436352114 4 -1- WHEREAS, it is the desire of the City and the responsibility of each 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 "D" 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 Developer, each 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 each Owner's maintenance requirements for the Stormwater Facilities located on his or her Lot. 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) Each Owner shall inspect the Stormwater Facilities after all major storms In addition, each Owner shall inspect the Stormwater Facilities at the minimum frequency specified in Exhibit "D", but not less than twice per year ii) Each Owner shall provide upkeep and repair to preserve the Stormwater Facilities in good working order and shall repair all deficiencies identified in each 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 "D" but not less than once per year To the satisfaction of the Director of Engineering Services, each Owner shall ensure that the Stormwater Facilities are in proper working order for the rainy season, which starts on October 1 iii) Each 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, each 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 SMRH:436352114 4 -2- 2) Each Lot 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 13 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 Developer and have Maintenance performed by each Owner in accordance with the terms and conditions of this agreement and the plans and specifications identified in approved Grading Plan Number 10900-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 each 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, 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 an Owner for personal injury to any worker employed to provide Maintenance on his or her Lot under this Agreement, or to third persons, as well as any liability of an 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 such Owner SMRH:436352114 4 -3- 8) Each 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 of the Stormwater Facilities on his or her Lot, or the failure to provide Maintenance for the Stormwater Facilities on his or her Lot. This Agreement imposes no liability of any kind whatsoever on the City and each Owner agrees to hold the City harmless from any liability in the event the Stormwater Facilities located on his or her Lot 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) Each Owner shall provide access to the Stormwater Facilities located within his or her Lot to City's inspectors, employees, agents, and contractors and/or the homeowner association property manager 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) Each Owner hereby grants permission to the City, its authorized agents, and its employees, and the homeowner association property manager 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 that an Owner fails to maintain the Stormwater Facilities located within his or her Lot in good working condition in accordance with the Maintenance requirements as determined by the City Engineer, the City shall have the right, but not the obligation, to perform the necessary Maintenance If the City elects to perform such maintenance on behalf of an Owner of a Lot, the City shall give written notice to such Owner setting forth with particularity the Maintenance requirements which the City finds are not being performed by such Owner and requesting the same be completed by the Owner within a period of thirty (30) days from the giving of such notice In the event that the Owner fails to carry out such maintenance of the Stormwater Facilities within the period specified by the City's notice, the City shall be entitled, but not obligated, to cause such work to be SMRH:436352114 4 -4- completed and shall be entitled to reimbursement with respect thereto from the Owner as provided herein 13) In the event the City has performed the necessary Maintenance of the Stormwater Facilities as provided in Paragraph 12 of this Agreement, the City shall submit a written invoice to such Owner for all out-of-pocket costs reasonably incurred by the City to perform such Maintenance on the Owner's Lot. Said invoice shall be due and payable by the Owner within thirty (30) days of receipt by the Owner If the Owner fails to pay such invoice in full within the period specified, City may pursue collection from the Owner by means of any remedies available at law or in equity Without limiting the generality of the foregoing, such invoice shall constitute a charge on the Property and shall be a continuing lien upon such Property Owner hereby vests the City with the right and power to impose a lien upon the Property and to bring all legal actions and/or to pursue lien foreclosure procedures against the Property for purposes of collecting payment for such invoice 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 14) The terms of this Agreement may be amended in writing by the City and each Owner upon prior written approval by the City Engineer 15) 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 PARTNERSHIP, a California limited pa nership By � o Name fl4K m. Of x,ce- � Title 4L,-2,d 61i' Date Signature of OWNER must be notarized Attach the appropriate acknowledgement. CITY OF ENCINITAS lv . lv ��L gIr-711s Masih Maher for Glenn Pruim, Date Director of Public Works SMRH:436352114 4 -5- 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 I ) County of Sctn� /h ) On CUU gA 1 Qty before me, a Notary Public, personally a eared a-S 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 a/they executed the same in hie0h r/their authorized capacity(ies), and that br/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 PA AS W COMM.#1960370 c, NOTARY PUBLIC •CALIFORNIA o SAN DIEGO COUNTY Commission Expires Nov 13,2015+ Signature J--Cl 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 ) On before me, a Notary Public, 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. WITNESS my hand and official seal Signature SMRH:436352114 4 -6- 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 August 18, 2015 before me, Samantha Morrow, Notary Public (insert name and title of the officer) personally appeared Masih Maher ------------------------------------------------------------ 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 Commission No.2087518 A WITNESS my hand and official seal NOT SAND�GOCOU�N� � Commission Expwes MtY 9,2018 Signature Q�11/ �'tK��� (Seal) w .. 'lots` N cess n Street. 1 256-440-01 605 Polaris Drive 2 256-440-02 609 Polaris Drive 3 256-440-03 613 Polaris Drive 4 256-440-04 V 617 Polaris Drive 5 256-446-657, 621 Polaris Drive 6 256-440-06 625 Polaris Drive 7 256-440-07 629 Polaris Drive 8 256-440-08,// 633 Polaris Drive 9 256-440-09 637 Polaris Drive 10 256-440-10 663 Polaris Drive 11 256-440-11 667 Polaris Drive 12 256-440-12 672 Polaris Drive 13 256-440-13 676 Polaris Drive 14 256-440-14 652 Jocelyn Way 15 256-440-15V 656 Jocelyn Way 16 256-440-16 V 660 Jocelyn Way 17 256-440-17 664 Jocelyn Way 18 256-440-181 661 Jocelyn Way 19 256-440-19 657 Jocelyn Way 20 256-440-20 653 Jocelyn Way 21 256-440-21 649 Jocelyn Way 22 256-440-22✓ 645 Jocelyn Way 23 256-440-23 V 641 Jocelyn Way 24 256-440-24✓ 637 Jocelyn Way 25 256-440-25 618 Polaris Drive 26 256-440-26 614 Polaris Drive 27 256-440-27 610 Polaris Drive 28 256-440-28V 606 Polaris Drive 29 256-440-29 825 Channel Island Drive 30 256-440-30 1 829 Channel Island Drive 31 256-440-31✓ 833 Channel Island Drive 32 256-440-32 V 837 Channel Island Drive 33 256-440-33V 841 Channel Island Drive 34 256-440-34Y 845 Channel Island Drive 35 256-440-35 849 Channel Island Drive 36 256-440-36 V 853 Channel Island Drive 37 256-440-37 857 Channel Island Drive 38 256-440-38 861 Channel Island Drive 39 256-440-39/, 865 Channel Island Drive 40 256-440-40 869 Channel Island Drive 41 256-440-41V 873 Channel Island Drive 42 256-440-427, 877 Channel Island Drive 43 256-440-431 881 Channel Island Drive 44 256-440-44 893 Channel Island Drive SMRH:4363521144 EXHIBIT "A" -11:0 'APN' I A tIreSS @# S#r 45 256-440-45 897 Channel Island Drive 46 256-440-46 901 Channel Island Drive 47 256-440-47 900 Channel Island Drive 48 256-440-48 896 Channel Island Drive 49 256-440-49 892 Channel Island Drive 50 256-440-5 888 Channel Island Drive 51 256-440-51/, 884 Channel Island Drive 52 256-440-52 880 Channel Island Drive 53 256-440-53✓ 876 Channel Island Drive 54 256-440-54/, 872 Channel Island Drive 55 256-440-55v' 868 Channel Island Drive 56 256-440-561 864 Channel Island Drive 57 256-440-57 860 Channel Island Drive 58 256-440-58J 856 Channel Island Drive 59 256-440-59 852 Channel Island Drive 60 256-440-60✓ 848 Channel Island Drive 61 256-440-61/ 844 Channel Island Drive 62 256-440-62V 840 Channel Island Drive 63 256-440-631, 836 Channel Island Drive 64 256-440-64 832 Channel Island Drive 65 256-440-6 828 Channel Island Drive 66 256-440-66 824 Channel Island Drive 67 256-440-67 820 Channel Island Drive 68 256-440-68✓ 816 Channel Island Drive 69 256-440-69 812 Channel Island Drive SMRH:4363521144 EXHIBIT "A„ EXHIBIT "B" LEGAL DESCRIPTION LOTS 1 THROUGH 69, INCLUSIVE, OF CITY OF ENCINITAS TENTATIVE MAP NO. 09-089 AND MODIFIED TENTATIVE MAP NO 11-115, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 15910, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 4, 2013 SMRH:436352114 4 EXHIBIT «B" EXHIBIT "C" Description and Plat of Stormwater Facilities [Attached Hereto] All items, and location of items, shown on illustration are shown for informational purposes only and should not be relied upon for content, precise design or dimension The actual conditions will control The above plan is for illustrative purposes only and are approximate dimensions SMRH:436352114 4 EXHIBIT "C" MAINT. AGREEMENT FOR PRIVATE STORMWATER TREATMENT & STORMWATER POLLUTION CONTROL FACILITIES BY HOME OWNER (LOTS 1-69) EXHIBIT 'C' MAINTENANCE AREAS (50) ON-LOT BIORETENTION AREAS (2 FOR EACH LOTTYP.) awl- k CDQD,_.., I T ' r°-T-'�_�'z^cc=�'�.�����G4-'-•--„�F+ tl. �'4 �, 1' _,rte � (�t �� C l ® I� ' T r 1 f 1 Avg 1 1,9 r I _ i I ® • t4 i ® ® ® q 1 ; JOCELYN WAY " 1 I • F 1 I I r I © r a � POLARIS DRIVE i 1 1 SCAI*: 1"=100' ® HUN$AI IA &ASSOC[ATES •11M DIIEq IMC DGMMC 5.011111,QUQI swam moloolm-awow"N 1 OF 4 SMRH:4363521144 EXHIBIT IIC1, MAINT. AGREEMENT FOR PRIVATE STORMWATER TREATMENT & STORMWATER POLLUTION CONTROL FACILITIES BY HOME OWNER (LOTS 1-69) EXHIBIT 'C' MAINTENANCE AREAS (44)ON-LOT BIORETENTION AREAS (2 FOR EACH LOT TYP.) �__ ��Y '--`Q�"•+"�� }p }• r, k.H-iiGir-�i.!Y1�y�i. I 1 , . I NOT A P A PART °t ® 3 NOT A PART �t ui f I I I I I Y I� A • �j _ NOT A PART � 43 PI ® I i I (ID CHANNEL ISLAND DR. I _ 0D i 71�I I � aSC�: 1-=1�' HUNSAKER ASSOCIATES RAW" ww wwo Ulm f�Y DliCq IYC elalmlNC s.aMa�rn aar<n+c *lwmuFYm•MUM" 20F4 SMRH:4363521144 EXHIBIT "C11 MAINT. AGREEMENT FOR PRIVATE STORMWATER TREATMENT & STORMWATER, POLLUTION CONTROL FACILITIES BY HOME OWNER (LOTS 1-69) EXHIBIT 'C' MAINTENANCE AREAS (37) ON-LOT BIORETENTION AREAS (2 FOR EACH LOT TYP.) qt 1p, CD 7 R NOT A PART r CD Q> >i 1 (9) 4A 4" - - ------ ------ --- 0 , CHANNEL AND DR � SCALE: 1"=100' HUNSAKER &ASSOCIAIM ® 11A. D.Itdk I-C (ED � 'w V�A,�ki j, MAWC Fir w4b ftm examm S.ohm C.lim 30F4 SMRH:436352114 4 EXHIBIT "C" MAINT. AGREEMENT FOR PRIVATE STORMWATER TREATMENT & STORMWATER POLLUTION CONTROL FACILITIES BY HOME OWNER (LOTS 1-69) EXHIBIT 'C' P wil o gig W in gill lI� o o Z I tLJNSAIER ® &ASSOCIATBS .' !lY OIILq IYL pQ�� uZaam to ohm cl 4 OF 4 SMRH:4363521144 EXHIBIT "C" EXHIBIT "D" Minimum Maintenance Requirements for Stormwater Facilities (Frequency and Procedures) [Attached Hereto] SMRH:436352114 4 EXHIBIT «D» Facility Maintenance Requirements All on-lot bioretention systems will be privately owned and maintained by the respective owner. Owner shall perform the inspections and maintenance in accordance with the schedule below: Maintenance Program for On-lot Bioretention Areas Inspection Frequencyflndications: Reaular Inspections ❑ Before wet season begins(September), ❑ After wet season(Apriq. Performance Inspections ❑ After rainfall events greater than 0.5 inch Maintenance Indications Maintenance Activities ❑ Damage to slopes,inlet,outlet,or other ❑ Repair slopes,inlet,outlet,or other structures structures • Barren areas or badly established vegetation ❑ Re-plant or re-seed barren areas or badly established vegetation, use erosion control mats if necessary • Over-grown vegetation,emergent woody ❑ Trim vegetation to 6 inches,remove emergent vegetation and/or weeds woody vegetation and weeds • Sediment accumulation over 3 inches ❑ Remove sediment accumulation • Trash and litter present in swale ❑ Remove trash and debris ❑ Rodent burrows that inhibit function of facility ❑ Abate rodents and other vectors as necessary ❑ Standing water in facility ❑ Drain standing water SMRH:4363521144 EXHIBIT «D"