2016-404850 I� DOC# 2016-0404850
111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII illll 11111 1111 1111
Aug 09, 2016 04:06 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr..
SAN DIEGO COUNTY RECORDER
Recording Requested By: FEES: $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
This document is intended to superseded the previously recorded "AGREEMENT FOR
MAINTENANCE OF PRIVATE STORMWATER TREATMENT, STORMWATER
P� POLLUTION CONTROL, AND HYDROMODIFICATION MANAGEMENT FACILITIES
BY HOMEOWNER" recorded as Document Number 2016-0279688 on June 7, 2016.
AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT,
STORMWATER POLLUTION CONTROL, AND HYDROMODIFICATION
MANAGEMENT FACILITIES BY HOMEOWNER
APN: 254-181-27-00/ Case #: 15-145 CDP
Address: 1435 Rainbow Ridge Ln. Grading Plan: 692-G
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and P. KAY COLEMAN AND JANICE E. MONTLE
A MARRIED COUPLE AS COMMUNITY PROPERTY WITH RIGHT OF
SURVIVORSHIP, 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 692-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:
7 Z13
P. Kaf Coleman, Owner Date
?113 /,
Janice E. Montle, Owner Date
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
-712- 7116
Masih Maher for Glenn Pruim Date
Director of Engineering and Public Works
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 Calif
County of v I
On before me, w� -flog , N4fAl p14 W ► c,
Date �\1 oslc Here Insert Nam�anyt Title of the Officer
personally appeared 1r, W'Y 6
me(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the perso whose name(s1'� rree
subscrib the within instrument and acknowledged t e that he{sJie/ ey xecuted the saran
J�isLber/ eir uthorized capacity(ies), and that by tys(laer/ eir 'gnature(s)on t nstrument the person(s),
or the a upon behalf of which the person(s) acted, a ed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
LANH IRAN WITNESS my hand and official seal.
Commission#2110868
-a Notary Public-California z
z San Diego County
a. M Comm. Expires Jun 6. 2010 l Signature
ature of Notary Public
Place Notary Seal Above
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 DoctynQrSt e em yr M Ali fm 9:,0 & - '
Title or Type of Document: ��y�'��gl►r Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
EXHIBIT W
LOT 3 OF ENCINITAS TRACT NO. 06-168, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
15679, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 19, 2008.
STORM kN4ATER MA / NTENANGE
AGREEMENT EXHIBIT
— PROPERTY LINE — —
I — HATCHED AREA REPRESENTS PERMANENT
—~ FLOW—THaOUGH PLANTER BMP AREA FOR
LID TREATMENT & TREATMENT CONTROL.
— NOT TO 8E MODIFIED WITHOUT A PERMIT
-----* FROM THE CITY OF ENCINITAS, 130 SF.
a d
I I -
i
i
1
I PRUIEGT S E
AM 254-181 27 / HATCHED AREA REPRESENTS
� PERMANENT FLOW-THW"
? __` - _ - - - _ � PLANTER BMP AREA FOR LID
TREATMENT & TREATMENT
CONTROL. NOT TO BE
I q i MODIFIED WITHOUT A PERMIT
' FROM THE CITY OF
ENCINITAS 130 SF.
SCALE
OWNER APPLICANT
KAY COLEMAN & JANICE MONTLE
2658 DEL MAR HEIGHTS ROAD #262
DEL MAR, CA. 92014
SITE ADDRESS
1435 RAINBOW RIDGE LANE p0
ENCINITAS, CA 92024
ASSESSORS PARCEL NUMBER RAINBOW 517E
RIDGE Z
254-181-27 LANE o
LEGAL DESCR=ON
UCADIA BL VD.
LOT 3 OF ENCINITAS TRACT NO. 06-168, IN THE CITY OF
ENCINITAS COUNTY OF SAN DIEGO, STATE OF VIGINIT'T� MAFP
CALIFORNIA, ACCORDING TO MAP THEREOF
N0. 15679, FILED IN THE OFFICE OF THE COUNTY NOT TO SCALE a
RECORDER OF SAN DIEGO COUNTY, MARCH 19, 2008. cu
a
EXHIBIT 'BI '
STORM kgATER MA / NTENANGE
AGREEMENT EXHIE3IT
DEEP-ROOTED DROLGHT
TOLERANT PLANTS FOR
WELL-DAADM SOILS OR
6"x12 X12" PCC 12" NDS T CITY APPROVED EQUIV.
CUTOFF WALL I I
2" HARDWOOD MULCH
COVER OR CITY
APPROVED EQUIVALENT
6" PVC PIPE
COBBLE ROCK
24" ENGINEERED SOIL
SEE NOTE BELOW
000000 0 0 0 0 0 0 - 2" DF3 18" GRAVEL
12" OF 314" GRAVEL
OUTLET TO m* SEE NOTE BELOW
STOPMOR41N
4" PERFORATED PVC
SU30FMDV PIPE
BIOFE'TENTION 'EhGMERED SOIL" LAYER SHALL BE MINDMM 24" DEEP
`SANDY LOAM" SOIL MIX WITH NO MORE THAN % CLAY CONTENT. TIE MIX
SHALL CONTAIN 50-60% SAND 20-30% COMPOST OR HAFDWGORD FELCK AND
20-30% TOPSOIL. FREE OF STONE$ STUMPS ROOTS, OR SIMILAR OBJECT$
AND ALSO FREE OF NOXIOUS WEEDS.
** 314" 0II/5! M ROM LAYER SHALL BE A MIN➢M,M OF 12" BUT MAY BE
DEEPENED TO DKnEASE THE INFILTRATION AND STORAGE ABILITY OF THE
DETAIL
BIOFILTRATION BASIN DETAIL
NOT TO SCALE
n
0
N
Q
Q
EXHIE3 IT 'F-3Z '
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
storage volume. Removal of mulch also
Mulch Removal 1 time /2 - 3 years increases
surface infiltration rate of fill soil.
1 time / 2 - 3 days for
first If drought, watering after the
1 - 2 months.
Watering Sporadically initial year may be required.
after establishment.
One time spot fertilization for "first year"
Fertilization 1 time initially vegetation.
Remove and Within the first year, 10 percent of plants may
Replace 1 time / year 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 are:
• 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.
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 Sa 1A SS.
On 2%—Z& I t before me, ������ I`I - 1 rn�� , Notary Public,
DATE
personally appeared \cysI h ImG Ier ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/ re subscribed tQ the within instrument
and ac kn .wledged tome that eT he/they executed the
sam Is er/their authorized capacity(ies), and that
by is er/their signatures) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
@ANGELA A. SIMON I certify under PENALTY OF PERJURY under the
NOTARY PUBLIGCKNONNU
SAN DIEGO COUNTY laws of the State of California that the foregoing
MY COMM-EAP-MAN,2^ 2017 paragraph is true and correct.
WITNESS my hand and official seal.
PLACE NOTARY SEAL IN.ABOVE SPACE NOTARY S SIGNATURE
OPTIONAL INFORMATI N
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 DOCUMENT
INDIVIDUAL
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
F1 PARTNER(S) TITLEIS)
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 ENTITYFES) THUMBPRINT
OF
SIGNER -
APA 0 12015 NOTARY BO NUS,SUPPLIES AND FORMS AT IITTPI/WWW.VALLEY-S]ERRA.COM C 2005-2015 VALLEY-SIERRA INSURANCE.