2017-253534 DOC# 2017-0253534
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Jun 06, 2017 04:00 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
Recording Requested By: SAN DIEGO COUNTY RECORDER
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
AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND
STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER
APN: 264-091-88� Planning Case #: 16-138 MIN
Grading Plan: 13194-G
VV THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and LAUREN D. DENGATE, TRUSTEE OF THE
LAUREN DENGATE TRUST, 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 13194-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.
O NER: �-
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LVaVeWO. Nngate, Trustee Date
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
oIIE z �k/� Ro6Pif z o Date
INTER c-PUT/c r7y Cu&ZAIEEg
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 Ca' nia )
County ofd \eGD )
On (�>cJ 'AD � )i q bef'ore rn
Date Here Insert N and Title of the fficer
personally appeared V_1�1;A
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose names) 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 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 y In d and official seal.
DEANA GAY
Commission # 2037575
Notary Public -California
Signature
San Diego County Signature of Notary P is
My Comm. Expires Aug 23,2017+
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 Document
Title or Type of Document: 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.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189
A notary public of other officer compWing this certificate Veda only the Ide"of the Individual who signed the
doeunant to which 8tis ceAlfipU is attached,and not the truthfulness,accuracy,a validity of that document.
State of Calffomis 1
County of_ Q i i P 0 )
On Mol Y 16 . before me, K; Ho u 4 C�,✓i /Uo�K/y /ON6!Z
Date /I - � . Insert Name and TMe of the Officer
persorwiN appeared �-�LGti ei-, otozj
/ WWNofSow&)
who proved to me on the basis of satisfactory evidence to be theJepp�who" n Wwlr
box and�o the wNNn instnarterlt and ask to flat executed the same in
piOFier/rbe�r iuUwrized eapadtypest and that by�/ natur9(aron the krtnrrtem the peraor)(sY
or the amity upon behalf of which the psraopw acted,executed the hdnartertt.
// 1 ceAMy,under PENALTY OF PERJURY under the laws
KI HOON CHOI of the State of C&MOMis that the foregoing paragraph
is true and correct.
COIaeSS1ON N0.2 131"0
Cl
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NOT PUBLIC CA LIFORNIA WITNESS my herd and offielel seal.
SAN DIEGO COUNTY
COMMISSION EXPIRES DEC 1,2019
Signature of Notary Public
Place NOtary Saw Above
OPTIONAL
Though a*section is opHorW, coffpb Nag this bdlwmabon can deter alteradon of the document or
handYderrt reattachment of this tam to an unintended dacumw#.
Dgcrlptlon of Attachlad D�M �r-eas•+�rn�"^�✓ /�n+r/z°.tarc re c� jai-:✓�e �r.,scc.r�{�r'
Title or Type of Douxrtent:T C:rf a d lar�WSt��r Oe l� /�i �c»Irv) 61N /�_1 b7
DocunaM Date: Number of Pages:
Signer(s) Other Than Kanned Above:
Capacity(les)Claimed by Signsr(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Malls): ❑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:
02015 National Notary Association• www.NationsiNotary.org• 1-800-US NOTARY(1-OW-876-6827) Item #5907
�iFh i bra R
LEGAL DESCRIPTION
Real property in the City of Encinitas, County of San Diego, State of California,described as
follows:
PARCEL A:
REMAINDER PARCEL OF PARCEL MAP NO. 18642,IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 28, 2001.
PARCEL B:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PRIVATE ROAD PURPOSES AND
APPURTENANCES THERETO TO BE USED IN COMMON WITH OTHERS, OVER, UNDER, ALONG
AND ACROSS WILDFLOWER DRIVE BEING A PORTION OF SAID MAP NO. 12882 SHOWN
THEREON AS"EASEMENT FOR PUBLIC ROADWAY PURPOSES TOGETHER WITH THE RIGHT TO
EXTEND AND MAINTAIN DRAINAGE FACILITIES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY DEDICATED AND ACCEPTED HEREON".
PARCEL C:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PRIVATE ROAD AND UTILITY
PURPOSES AND APPURTENANCES THERETO TO BE USED IN COMMON WITH OTHERS,
TOGETHER WITH THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES AND
EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITED OF SAID RIGHT OF WAY,
OVER, UNDER,ALONG AND ACROSS THOSE PORTIONS OF SAID SOUTHEAST QUARTER OF
SECTION 8, DESCRIBED BELOW IN PARCELS C1 THROUGH C7 INCLUSIVE:
PARCEL C1 :
A STRIP OF LAND, 50.00 FEET IN WIDTH,THE CENTER LINE OF SAID STRIP OF LAND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF SAID CENTER LINE OF WILDFLOWER DRIVE WITH SAID
SOUTHERLY LINE OF SAID MAP NO. 12882,SAID POINT LYING ON THE ARC OF A 350.00 FOOT
RADIUS CURVE;CONCAVE WESTERLY,A RADIAL LINE THROUGH SAID POINT BEARS SOUTH
78 026'42" EAST, THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID CURVE 38.56 FEET
THROUGH A CENTRAL ANGLE OF 6 018'44"; THENCE SOUTH 17 052'02"WEST, 16.24 FEET TO
THE POINT OF TERMINUS, SAID POINT HEREINAFTER DESCRIBED AS POINT"X" OF THIS
DESCRIPTION.
PARCEL C2:
A STRIP OF LAND, 40.00 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP OF LAND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE HEREINABOVE DESCRIBED POINT"X";THENCE SOUTH 1752'02"WEST,
235.26 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE,CONCAVE
EASTERLY; THENCE ALONG THE ARC OF SAID CURVE 276.69 FEET THROUGH A CENTRAL
ANGLE OF 52 050'40"; THENCE SOUTH 34°58'38" EAST, 435.56 FEET TO A POINT HEREINAFTER
DESCRIBED AS POINT"Y" OF THIS DESCRIPTION;THENCE CONTINUING SOUTH 34°58'38"
EAST, 54.99 FEET; THENCE SOUTH 67°40'35" WEST, 26.44 FEET TO THE BEGINNING OF A
TANGENT 300.00 FOOT RADIUS CURVE,CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC
OF SAID CURVE 46.35 FEET THROUGH A CENTRAL ANGLE OF 8 051'11";THENCE SOUTH
76 031'46"WEST, 147.23 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS
CURVE, CONCAVE NORTHERLY;THENCE ALONG THE ARC OF SAID CURVE 79.19 FEET
THROUGH A CENTRAL ANGLE OF 15°07'27"THENCE NORTH 88°20'47"WEST, 317.86 FEET TO
THE EASTERLY LINE OF SAID SOUTHERLY 624.00 FEET OF THE WESTERLY 838.00 FEET THE
SOUTHEAST QUARTER.
THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO
TERMINATE WESTERLY ON SAID EASTERLY LINE OF THE SOUTHERLY 624.00 FEET OF THE
WESTERLY 838.00 FEET THE SOUTHEAST QUARTER.
PARCEL Cl
BEGINNING AT THE HERENABOVE DESCRIBED POINT"Y"; THENCE NORTH 55°01'22" EAST,
20.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY,A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 55"01'22"WEST;THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL ANGLE
OF 53 058'05"TO THE BEGINNING OF A REVERSE 48.00 FOOT RADIUS CURVE, CONCAVE
WESTERLY; THENCE ALONG THE ARC OF SAID 177.53 FEET THROUGH A CENTRAL ANGLE OF
211 054'40"TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 17.56 FEET THROUGH A CENTRAL
ANGLE OF 50 019'09"TO THE SOUTHERLY LINE OF PARCEL C2 ABOVE;THENCE NORTH
24°56'51" WEST, 40.41 FEET TO A POINT LYING ON THE NORTHERLY LINE OF PARCEL C2
ABOVE,SAID POINT BEING THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, A RADIAL LINE THROUGH BEARS SOUTH 16°15'39" EAST,
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 20.42 FEET THROUGH A CENTRAL
ANGLE OF 58 030'02"TO THE BEGINNING OF A REVERSE 48.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 3.14 FEET THROUGH A CENTRAL
ANGLE OF 3 045'08"TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE,CONCAVE
WESTERLY;THENCE ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL
ANGLE OF 53 058'050;THENCE NORTH 55°01'22" EAST, 20.00 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE DESCRIBED
PARCEL C2.
PARCEL C4:
A STRIP OF LAND,40.00 FEET IN WIDTH,THE CENTER LINE OF SAID STRIP OF LAND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE HEREINABOVE DESCRIBED POINT"X"; THENCE SOUTH 72°07'58" EAST,
144.98 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE,CONCAVE
NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 72.13 FEET THROUGH A CENTRAL
ANGLE OF 10 019'54"TO THE BEGINNING OF A REVERSE 430.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 371.33 FEET THROUGH
A CENTRAL ANGLE OF 49 028'43"; TO THE BEGINNING OF A REVERSE 300.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY;THENCE ALONG THE ARC OF SAID CURVE 132.27 FEET
THROUGH A CENTRAL ANGLE OF 25 01545"; THENCE SOUTH 58 014'54" EAST, 172.29 FEET TO
A POINT HEREINAFTER DESCRIBED AS POINT"Z" OF THIS DESCRIPTION; THENCE
CONTINUING SOUTH 58 014'54" EAST,40.32 FEET, THENCE SOUTH 1057'55"WEST, 161.38
FEET TO THE BEGINNING OF A TANGENT 120.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY;THENCE ALONG THE ARC OF SAID CURVE 218.64 FEET THROUGH A
CENTRAL ANGLE OF 104 023'32"; THENCE NORTH 77°34'23" EAST, 64.18 FEET TO A POINT ON
THE WESTERLY LINE OF THE SOUTHERLY 767.55 FEET(MEASURED ALONG THE EASTERLY
LINE) OF THE EASTERLY 650.00 FEET(MEASURED ALONG THE SOUTHERLY LINE)OF SAID
SOUTHEAST QUARTER DISTANT THEREON SOUTH 1°40'36"WEST, 20.62 FEET FROM THE
NORTHWESTERLY CORNER THEREOF.
THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO
TERMINATE EASTERLY ON SAID WESTERLY LINE OF THE SOUTHERLY 767.55 FEET OF THE
EASTERLY 650.00 FEET OF SAID SOUTHEAST QUARTER.
PARCEL C5:
BEGINNING AT THE HEREIN ABOVE DESCRIBED POINT"Z";THENCE NORTH 31 045'06" EAST,
20.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE,CONCAVE
NORTHERLY; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 31°4506"WEST;THENCE
EASTERLY ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL ANGLE OF
53058'OS"TO THE BEGINNING OF A REVERSE 48.00 FOOT RADIUS CURVE, CONCAVE
WESTERLY;THENCE ALONG THE ARC OF SAID CURVE 151.25 FEET THROUGH A CENTRAL
ANGLE OF 180°32'18"TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY;THENCE ALONG THE ARC OF SAID CURVE 23.16 FEET THROUGH A
CENTRAL ANGLE OF 66°21'24"TO THE EASTERLY LINE OF PARCEL C4 ABOVE;THENCE NORTH
62 012'52"WEST, 44.44 FEET TO THE WESTERLY LINE OF PARCEL C4 ABOVE,SAID POINT
BEING THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE
WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88°02'05" EAST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE 13.67 FEET THROUGH A CENTRAL ANGLE
OF 39°09'22"TO THE BEGINNING OF A REVERSE 48.00 FOOT RADIUS CURVE,CONCAVE
NORTHEASTERLY;THENCE ALONG THE ARC OF SAID CURVE 27.57 FEET THROUGH A CENTRAL
ANGLE OF 32 054'39"TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL
ANGLE OF 53 058'05"; THENCE NORTH 31 04506" EAST, 20.00 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE DESCRIBED
PARCEL C4.
PARCEL C6:
THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED
PARCEL Cl AND NORTHERLY OF THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED
PARCEL C4 AND SOUTHWESTERLY OF THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY AND TANGENT TO SAID EASTERLY LINE OF PARCEL Cl AND SAID
NORTHERLY LINE OF PARCEL C4.
PARCEL C7:
THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED
PARCEL C2 AND SOUTHERLY OF THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED
PARCEL C4 AND NORTHWESTERLY OF THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY AND TANGENT TO SAID EASTERLY LINE OF PARCEL C2 AND SAID
SOUTHERLY LINE OF PARCEL C4.
EXCEPTING FROM THE HEREINABOVE DESCRIBED PARCELS Cl THROUGH C7 INCLUSIVE
THOSE PORTIONS LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL A.
PARCEL D:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER,ALONG AND ACROSS THOSE
PORTIONS OF PARCELS 1, 2, 3, 4 AND THE REMAINDER PARCEL OF PARCEL MAP NO. 18642 IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO
MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
FEBRUARY 28,2001 SHOWN AND DESIGNATED THEREON AS 'PROPOSED PRIVATE ROAD AND
UTILITY EASEMENT°.
APN: 264-091-88-00
EXHIBIT 'B' - SITE MAP
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DEMIL TYPICAL SECT70N 2' CLEARANCE AROUND PIPE DENGATE RESIDENCE1
NOT TO SCALE ENCINITAS, CA 92024
Maintenance Plan
Dengate Residence
Treatment BMP Maintenance Plan for Vegetated BMPs
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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 bioretention, biofiltration with Make appropriate corrective measures such as adjusting
partial retention,or biofiltration 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.
Dengate Residence- Wildflower Drive
Treatment BMP Maintenance Plan
• Access of Structural BMPs for Inspection and Maintenance
• The Bio-filtration BMPs consist of three (3) vegetated areas:
• IMP A.1 -525 fe
• IMP A.2-907 fr2
• IMP B.1 - 1,447 ft'
• A 1.5'x1.5' concrete inlet will be installed within each BMP with its rim elevated 10"
above the surface. The total depth of each inlet will be approximately 3'.
• The inlet will be visible from the surface and can be accessed through the grate.
■ The depth will not require a ladder to access the full extent of the inlet.
• The biofiltration basins are accessible from the front and back yard of the private
residence.
• Maintenance Thresholds
o Any grasses within the biofiltration areas shall be cut when in excess of 4" tall.
o 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-bours the soil media shall be
inspected for clogging and cleaned.
• Bioretention Soil Media Replacement
o Soil media within the bioretention area 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.
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