2016-102019 DOC# 2016-0102019
III II IIIII Ilill III I IIII I II I IIIII III IIIII IIIII IIIII III III IIII
Mar 08, 2016 04:25 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
Recording Requested By: SAN DIEGO COUNTY RECORDER
GFEES: $54.00
City Engineer PAGES: 14
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
�\ APN: 250-110-57 Planning Case #: 15-081 CDP
Grading Plan: 12458-G
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and MATTHEW GRANT ANDERSON AND
STEPHANIE KATKE ANDERSON, AS TRUSTEES OF THE MATTHEW AND
STEPHANIE ANDERSON FAMILY TRUST DATED NOVEMBER 12, 2012, 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 12458-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.
r
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.
O ER-
Celo
Matthew Grant Anderson Date
Lk( ,�
Stephanie Katke Anderson Date
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
3 / 1
Masih Maher for Glenn Pruim Date
Director of Public Works
I,
ALL-PURPOSE 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 SS.( C
L
On _, before me, //(i , Notary Public,
DATE
personally appeared o proved to me on the
tzo I basis of satisfactory evidence to be the pers s) whose name r subscribed to the within instrument
and acknowle ged to me that. ey executed the
same in#iseeinatureD authoriz and that
by 13is}fr�r/ on the instrument the
persolo or the entity upon behalf of which the
persoln acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
ONIY LINDA K. NYSTIE laws of the State of California that the foregoing ra Co?,im,# 2069317 ara h is true and correct.
NOTARY PUBLIC•CALIFORNIA P g P$AN DIEGO COUNTY
Comm.EID,fdaY 24,20 18�
WITNESS my hand and official seal.
PLACE NOTARY SEAL IN ABOVE SPACE / N T RY'S SI 'ATURE
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 OFATTACHED OCUMENT
❑ INDIVIDUAL f 0
❑ CORPORATE OFFICER TITLE 6k TYPE OF DOCUMENT YM❑ PARTNER(S) �TLE(S) FT
❑ ATTORNEY-IN-FACT
NUMBER OF PAGES
❑ GUARDIAN/CONSERVATOR _/q42
_
❑ SUBSCRIBING WITNESS
❑ DATIE OF DOCLIMENT
OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT r
OF
r SIGNER o
a
APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEN'SIERRA.COM 02005-2015 VALLEY-SIERRA INSURANCE
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL 1 OF PARCEL MAP NO. 2556, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JANUARY 17, 1974
APN: 256-110-57-00
EXHIBIT 'B'
STORM WATER MAINTENANCE AGREEMENT
DROUGM TOLERANT
PLANTS (TYP.)
2' HARDWOOD MULCH/
GRASS COVER OR CITY
APPROVED EQUIVALENT
OVERFLOW PIPE--\I I I I
�\I 12 4 I
I _
,�30 MIL HDPE LINER (I 118,I I=_III=_III=_III= I
II I II I II I II I II I II I II I I _ I i
A I
6'PVC OUTLET PIPE, , ,-
_ � III ICI�I�II�II�II�II�II�II�II�II�II�I
24' LAYER ENGINEERED SOIL .: -
*SEE NO
13 LAYER 318' GRAVEL
III /4 GRAVEL
SEE NOTE- I I III
BIORETENTION/DETENTION AREA DETAIL
NOT TO SCALE
* BIORETENTION "ENGINEERED SOIL" LAYER SHALL BE MINIMUM 24° DEEP °SANDY LOAM" SOIL MIX WITH NO MORE THAN 5%
CLAY CONTENT. THE MIX SHALL CONTAIN 50-607. SAND, 20-307. COMPOST OR HARDWOORD MULCH, AND 20-30% TOPSOIL,
FREE OF STONES, STUMPS, ROOTS, OR SIMILAR OBJECTS, AND ALSO FREE OF NOXIOUS WEEDS.
** 3/4° CRUSHED ROCK LAYER SHALL BE A MINIMUM OF 12° BUT MAY BE DEEPENED TO INCREASE THE INFILTRATION AND
STORAGE ABILITY OF THE DETAIL THE EFFECTIVE AREA OF THE BASIN SHALL BE LEVEL AND SHALL BE SIZED BASED ON
CALCULATION. TYPICALLY, THE SURFACE AREA OF THE BIORETENTION BASIN IS 4% OF THE IMPERVIOUS AREA DRAINING TO IT.
ALL BIORETENTION PLANTERS TO BE DEPRESSED AT LEAST 6" BELOW ADJACENT FINISHED SURFACE
OWNER
ERIK GILMER - SWELL PROPERTY
1650 N. COAST HIGHWAY 101
ENCINITAS, CA 92024
PROPERTYADDRESS
544 HYGEIA AVENUE
ENCINITAS, CA 92024
A.P.N.
256-110-57
I
EXHIBIT F
STORM WATER MAINTENANCE AGREEMENT
APN 256-110-58
N5757'02"E 79.85' N57'57'02"E 106.92'
- - -_ — —
T =
PRIVATELY MAINTAINED
/ BIORETENTION BASIN FOR
BEST MANAGEMENT PRACTICE
NOT TO BE MODIFIED WITHOUT N57'S7'02°E 71.38'
A PERMIT FROM THE CITY
AREA=238 SF •y��
a
N t(j' I to `
n
Q 2) PARCEL 2 0 PARCEL 1
q_
O N
APN 256-110-57
Z
40.5 9�3
I . 6 T
ri 852z53'31
Z APN 256-110-24
PRIVATELY MAINTAINED BIORETENTION
T BASIN FOR BEST MANAGEMENT
° PRACTICE NOT TO BE MODIFIED
WITHOUT A PERMIT FROM THE CITY
N AREA=200 SF
`! c(o PARCEL 3
z
Qto aw 00
�� .E X35 a�
N�g� � APN 256-110-37 LEUCADIA BLVD
dop i
j0__oAPN 256-110-38
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PACIFIC \ PR J
OCEAN \ 10C TION
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VICINITY MAP
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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 bior-etention 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 I 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.
ID
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.
ALL-PURPOSE 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 2r&V) T)i 2A C) SS.
On 3` �— Z� 1 (O , before me, anGC�a- rro n , Notary Public,
DATE 11
personally appeared hD'St -\ Ma ke c , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s is/ re subscribed t the within instrument
and acicn�edged to me tha e he/they executed the
sam gilier Is er/their authorize capacity(ies), and that
by /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
ANGELA A. SIMON
a Comm.# 2009314
N NOTARY PUBLIC-CALIFORNIA U)DIEGO COUNTY SAN I certify under PENALTY OF PERJURY under the
MY COMI1.EXP.MAR.2,2017 laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
0"'L �'
PLACE NOTARY SEAL INABOVE SPACE NOTARY'S SIGNATURE If 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
❑ GUARDIAN/CONSERVATOR
❑ SUBSCRIBING WITNESS
❑ DATE OF DOCUMENT
OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT
OF
L
SIGNER -
APAOI/2015 NOTARY BONDS.SUPPLIES AND FORMS AT HTTP://WWW.NIALLEN'-SIERRA.CONI 10 2005-20 1 5 VALLEY-SIERRA INSURANCE