2017-185437 DOC# 2017-0185437
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Apr 25, 2017 04:09 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
Recording Requested By: SAN DIEGO COUNTY RECORDER
FEES. $48.00
City Engineer PAGES: 12
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
()iltt� APN: 264-101-24V/ Grading Plan: 13085-G
( ADDRESS: 3456 Bumann Road
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and ATHINA A. ZARCADES, TRUSTEE OF THE
ATHINA A. ZARCADES REVOCABLE LIVING TRUST DATED MARCH 17, 1988, 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 13085-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:
q. 2o. 17-
Athina des , Date
8BB ATTACEW OWLED(3MENf
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY�OF E,,NCCINITAS:
/ V ` lo L 4-/ Zo/ I7
Masih Maher for Date
Director of Public Works
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 San Diego }
On before me, Naomi Benavides Ramos, Notary Public
� '7 f� / /I am rose name and o the
personally appeared 1 r /lI yl( L�/L Y �.(/I(��'m
who proved to me on the basis of satisfactory evidence to be the persons) whose
name(s) is/ere subscribed to the within instrument and acknowledged to me that
,he/she/they executed the same in-his/herHheir authorized capacity(ies), and that by
hts/her/their signature(e) on the instrument the person(s), or the entity upon behalf of
which the person(&) 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.
? Naomi Benavides Ramos
;c, COMM.#2085787
WITNESS my hand and official Seal. i:. NOTARY PUBLIC •CALIFORNIA
SAN DIEGO COUNTY y
t Commiss;an Expires Nov 8,2018 #
Notary Public Signature�J (Notary Public Seal)
•
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THOMAS BROTHERS, PAGE 1168, B5
NO SCALE
LEGAL DESCRIPTION
THE NORTHERLY 245 OF THE SOUTHWEST QUARTER DATE: 415117
OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH,
RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE UNITED STATE
GOVERNMENT SURVEY APPROVED OCTOBER 27, 1875.
EXHIBIT-A
COFFEY ENGINEERING, INC. BUMANN 3456
STORM WATER MAINTENANCE EXHIBIT
rPERMEABLE .M. 9274
MAP _ N89°47'14"E 661.18'11809 G IMP A
LOT 54T IMP B 657 SF
S 525 SF B/ORETENTION BASIN
BIORETENTION PER DETAIL A BASIN ON SWMA-B.2 PER DETAIL A� ON SWMA-B.2 NEW AC �DWAY
2 °
NEW AC g
PAVEMENT
DRIVEWAY
BUMANl�OAD
--
047'14"E 662.85'
SCALE. 1" = 100'
LEGEND DATE: 415117
PROJECT BOUNDARY - - -
BIORETENTION BASIN
BMP MAP- B. 1
BUMANN 3456
COFFEY ENGINEERING, INC. STORM WATER MAINTENANCE EXHIBIT
VEGETATION PER
LANDSCAPE PLAN
RIP—RAP EFFECTIVE AREA
PER GRADING PLAN
OVERFLOW
CONTROL
INLET 2" FREEBOARD low�
PVC PIPE OUTLET L =
& HEADWALL 3
PER GRADING PLAN
1 8"
ENGINEERED I ' 1'
SOIL MEDIA -
DETAIL A I
L
B10-RETENTION FACILITY L — OVERFLOW
NOT TO SCALE TO OUTLJ7 �>
*ENGINEERED SOIL MEDIA CONSISTS OF 85% WASHED COURSE SAND, 10% FINES
(RANGE: 8-127, 81— = 2 IN/HR INFILTRATION RATE, 12% = 1 IN/HR INFILTRATION
RATE), AND 5% ORGANIC MATTER. FOR ADDITIONAL STANDARDS SEE SAN DIEGO LOW
IMPACT DEVELOPMENT DESIGN MANUAL SECTION 1.2.4.2 SOIL MEDIA MUST MAINTAIN A
MINIMUM INFILTRATION RATE OF 5 IN/HR
DATE: 415117
B/ORETENT/ON DETAIL - B.Z
BUMANN 3456
ME COFFEY ENGINEERING, INC. STORM WATER MAINTEALANCE EXHIBIT
ATTACHMENT 3A
Maintenance Plan
Bumann 3456 Residence
Treatrnent BMP Maintenance Plan for Vegetated BMPs
�+.+i.r�b' ,a Ssx.. - i^,
7ypical,Mamtenan a nt�icator�s).forYegetated9MPsMamtenarice.Attivtties:h ,
Accumulation of sediment, litter, or debris Remove and properly dispose of accumulated materials,
without damage to the vegetation.
Poor vegetation establishment
Re-seed, re-plant, or re-establish vegetation per original plans.
Overgrown vegetation Mow or trim as appropriate, but not less than the design
height of the vegetation per original plans when applicable(e.g.
a vegetated swale may require a minimum vegetation height).
Erosion due to concentrated irrigation flow Repair/re-seed/re-plant eroded areas and adjust the irrigation
system.
Repair/re-seed/re-plant eroded areas, and make appropriate
corrective measures such as adding erosion control blankets,
adding stone at flow entry points, or minor re-grading to
Erosion due to concentrated storm water runoff flow restore proper drainage according to the original plan. If the
issue is not corrected by restoring the BMP to the original plan
and grade,the City Engineer shall be contacted prior to any
additional repairs or reconstruction.
Make appropriate corrective measures such as adjusting
irrigation system, removing obstructions of debris or invasive
vegetation, loosening or replacing top soil to allow for better
Standing water in vegetated swales infiltration, or minor re-grading for proper drainage. If the issue
is not corrected by restoring the BMP to the original plan and
grade,the City Engineer shall be contacted prior to any
additional repairs or reconstruction.
Standing water in biofiltration, biofiltration with partial Make appropriate corrective measures such as adjusting
retention, or Bioretention areas, or flow-through irrigation system, removing obstructions of debris or invasive
planter boxes for longer than 96 hours following a vegetation, clearing underdrains (where applicable), or
storm event* repairing/replacing clogged or compacted soils.
Obstructed inlet or outlet structure Clear obstructions.
Damage to structural components such as weirs, inlet
or outlet structures Repair or replace as applicable.
*These BMPs typically include a surface ponding layer as part of their function which may take 96 hours to drain following
a storm event.
Bumann 3456 Residence -3456 Bumann Road, Encinitas 92024
Treatment BMP Maintenance Plan
• Access of Structural BMPs for Inspection and Maintenance
• The two bioretention BMPs consist of vegetated areas totaling 657 SF and 525 SF,
and both will be 18" deep. An inlet will be installed within the BMP with its rim
elevated 0.83' above the surface.
• The inlet should be visible from the surface and can be accessed through the grate.
• The bioretention basin is accessible from the driveway or front yard of the private
residence.
• Maintenance Thresholds
• Any grasses within the bioretention areas shall be cut when in excess of 4" tall.
• Debris & sediment shall be cleared from the basin when 2" have accumulated.
• Any amount sediment or debris accumulation observed within the overflow inlet
shall be removed when seen.
• During routine landscape maintenance activities,if bare areas or erosion are
observed they shall be re-seeded.
• If standing water is observed for longer than 24-hours the soil media shall be
inspected for clogging and cleaned.
• Bioretention Soil Media Replacement
o Soil media within the bioretention areas shall be replaced when the filtration rate
drops below 5"/hour if regular maintenance cannot restore this rate.
• Recommended Maintenance Equipment
o Equipment needed for maintenance will typically include those needed for routine
landscape maintenance:
• Hand Shovels
• Wheel barrows
• Lawn mower
Hedge clippers
• Other
• Special Training
o Maintenance and inspection activities required are typical for routine landscape
maintenance. No special training required.
2
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
why\ D�2C10 SS.
County of ,/�
On `i—2 L1'20 I: before me, G2�G �� Sl MC n Notary Public,
DATE 1 n,
personally appeared /��AS 1 Yl 1 ykc,k f r who proved to me on the
basis of satisfactory evidence to be the persons) whose name(s is re subscribe o\the within instrument
and ac edged to me tha he she/they executed the
sa 7 I er/their authorized capacity(ies), and that
by is er/their signature(s) on the instrument the
per n(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
ANGELA A SIYON I certify under PENALTY OF PERJURY under the
COMP.$2182396
WTMTPAx-umaWA w laws of the State of California that the foregoing
*W Cown
�'...os• w to.°Ev..Ka.2,2W paragraph is true and correct.
WITNESS my handyy and official seal.
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