2017-51481 •
A DOC# 2017-0051481
111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII IIIIi 11111 1111 llli
1DP Jan 31, 2017 04:13 PM
l OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
Recording Requested By: SAN DIEGO COUNTY RECORDER
FEES: $42.00
City Engineer PAGES 10
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
�1 STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER
APN: 260-212-37 " Grading Plan: 13113-SG
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and BESSEMER TRUST COMPANY OF
CALIFORNIA N.A.. TRUSTEE, DREXEL TRUST U/D/T 10/7/2014, its heirs,
successors, and assigns, collectively hereinafter referred to as "Owner", owners) 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 13113-SG
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.
OW E
Sign Date
for Bessemer Trust C mpany �9Lii` /LS9 </
(AA. +
Print Name Title
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITA
1130 I 1 �
Masih Maher Date
Senior Civil Engineer
Exhibit"A"
Legal Description of Property
LOT 10 OF CITY OF ENCI NITAS TRACT NO. 10-28 CARDIFF COLLECTION,ACCORDING TO MAP THEREOF NO. 15926,
FILED WITH THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON JULY 11, 2013.
Exhibit"B"
Description and Plat of Stormwater Facilities
THE BMP AREA LOCATED IN THE SOUTHWEST CORNER OF THE PARCEL(SEE PLAT MAP BELOW)IS A DEPRESSED LANDSCAPED
AREA OF APPROXIMATELY 500 SQUARE FEET.THE BMP AREA HAS BEEN DESIGNED,AND SIZED,TO TREAT SURFACE RUN-OFF
FROM THE PARCEL'S IMPERVIOUS SURFACES. FINISHED GRADE WITHIN THE BMP AREA WILL BE FLAT,AND APPROPRIATE
LANDSCAPE MATERIAL WILL BE PLANTED IN THE BASIN'S PON DING AREA. BELOW GRADE THERE WILL BE A LAYERING OF 3/4"
CRUSHED ROCK, 3/8"GRAVEL,AND ENGINEERED SOIL PERTH E APPROVED CIVIL ENGINEERING DRAWINGS(PERMIT#13113-SG).
STORM WATER RUN-OFF WILL FILTER THROUGH THE LANDSCAPING IN THE BMP'S PONDING AREA,PERCOLATE THROUGH THE
LAYERING DESCRIBED ABOVE,AND EVENTUALLY FIND IT'S WAY INTO THE STORMWATER
SYSTEM THROUGH PERFORATED PVC PIPES AT THE BOTTOM OF THE BASIN.
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�\BIORETENTION DETAIL
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EXHI BIT 'C'
Minimum Maintenance Requirements for Stormwater Facilities
(Frequency and Procedures)
• Standing water— Maintenance is needed when water stands in the bioretention area
between storms and does not drain within 24 hours after rainfall. When maintenance is
performed, there should be no areas of standing water once inflow has ceased. Any of
the following could apply: sediment or trash blockages removed, grade from head to foot
of bioretention area improved, media surface scarified, underdrains flushed in manner
that does not cause and illegal discharge.
• Trash and debris—Maintenance is needed when trash and debris is accumulated in the
bioretention area and around the inlet and outlet. When maintenance is performed, trash
and debris are removed from the bioretention area and disposed of properly.
• Sediment—Maintenance is needed when there is evidence of accumulated sediment in
the bioretention area. When maintenance is performed, the removal of material will
eliminate clogging or blockage. Material is disposed properly.
• Erosion—Maintenance is needed when channels have formed around inlets, there are
areas of bare soil, or there is other evidence of erosion. When maintenance is performed,
obstructions and sediment removed so that water flows freely and disperses over a wide
area. Obstructions and sediment are disposed of properly.
• Mulch—Maintenance is needed when mulch is missing or patchy and when areas of bare
earth are exposed or mulch layer is less than 3 inches deep. When maintenance is
performed, all bare earth is covered, except mulch is kept 6 inches away from trunks of
trees and shrubs. Mulch is even at a depth of 3 inches.
• Inlet/Outlet—Maintenance is needed when sediment accumulates. When maintenance is
performed, inlet/outlet is clear of sediment and debris and allows water to flow freely.
• Miscellaneous—Maintenance is needed when any condition not covered above that needs
attention for the bioretention area to function as designed. When maintenance is
performed, the design specifications are met.
NOTE: Inspect 3 times per year and prior to October I' (start of rainy season)
Mulch replaced annually
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 14hn frnyvc so }
Ong 2G1:j before me, R.FZ h6 Puts , g r1f public
ere ins nname an bteo t eo i r �
personally appeared 7j&rBrilCP ken In -,kutrt
who proved to me on the basis of satisfactory evidence to be the persons s) whose
names) is/arrg subscribed to the within instrument and acknowledged to me that
he/sbe they executed the same in his/h@MMir authorized capacity(ies}, and that by
his/heir signature(,-.�on the instrument the person*, or the entity upon behalf of
which the persons) 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. R. ESTHER PAK
Commiaion No.2108423
ale. NOTARY PUK]C-('/1LIFORNIA SANMATEO COUNTY
My CWdW 9*00 APAL 24.201.J
Notary Public nature (Notary Public A
INSTRUCTIONS
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING
This form complies with current California statutes regarding ing FORM
notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT fneeded,should be completed and attached to the document.Acknowledgments
L from other states may he completed jar documents being sent to that state so long
99 yrFFnlfi {�� 4Y1Cdl (F 11Cff CP Li 1 as the cording does not require the California notary to violate California notary
(Title or description of attached document) • State and County information must be the State and County where the document
pnuerlc S}� mNgifr �r11Y GY1t Strr1 u ✓ signer(s)personally appeared before the notay public for acknowledgment.
�c • Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
F31,( -Jh-r- c61kcI �N'u lt*S VNt " � . The notary public must print his or her name as it appears within his or her
Number of Pages 8 Document Date commission followed by a comma and then your title(notary public).
• Print the names) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/ghey—is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
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Impression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
Partners • Signature of the notary public must match the signature on file with the office of
El ( ) the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
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Securely attach this document to the signed document with a staple
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
S
County of —5-a'(\ bl P CEO S.S. /�
On i — 3U— 2_0 �� before me, AWAP(C, { S M in-,Notary Public,
DATE ,^ _ J
/� r�
personally appeared 1 ° s(n�l Iq 1 v IG. Le r who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s is/ re subscribed the within instrument
and acknedged to me tha he/ he/they executed the
sa
p Is/ er/their authorize capacity(ies), and that
by his er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
_ ANGELA A. SIMON person(s) acted, executed the instrument.
COMM.# 2009314 r�,
Vl NOTARY DIEGO COUNTY
N
SAN EXP AR I certif under PENALTY OF PERJURY under the
My COMM M.Env MAR 2.P017 � y
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
PLACE NOTARY SEAL IN.AI30VE SPACE l NOTARY'S SIGNATURE
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) TITLES)
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
❑ SUBSCRIBING WITNESS DATE OF DOCUMENT
OTHER:
OTHER
RIGHT r
SIGNER(PRINCIPAL)IS REPRESENTING: THUMBPRINT
NAME OF PERSON(S)OR ENTITY(IES) OF
SIGNER
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