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2017-264497DOC# 2017 - 0264497 Recording Requested By: Jun 13, 2017 03:11 PM OFFICIAL RECORDS City Engineer Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER When Recorded Mail to: FEES. $90.00 PAGES: 26 City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE A NOTIFICATION REQUIREMENTS AGREEMENT FOR PRIVATE STORMWATER LV ` TREATMENT AND STORMWATER POLLUTION CONTROL FACILITIES BY \� HOMEOWNER'S ASSOCIATION �\\ APN: 264- 590- 01,)through 264 - 590 -18J 264- 591 -01 through 264- 590 -1V Project No.: 89 -031TM Site Address: 3598 William Terrace, Encinitas, CA Plan No: 6857 -G THIS NOTIFICATION REQUIREMENTS AGREEMENT FOR PRIVATE STORMWATER TREATMENT AND STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER'S ASSOCIATION ( "Agreement ") is between the City of Encinitas, a municipal corporation, ( "City "), and Shea Homes Limited Partnership, a California limited partnership, its heirs, successors, and assigns, (collectively, "Developer "), owner of that certain real property ( "Property ") that is described in Exhibit "A ", which is attached hereto and made a part hereof. WHEREAS, this Agreement amends, restates and supersedes the Amended Maintenance Agreement for Private Stormwater Treatment and Stormwater Pollution Control Facilities by Homeowner's Association recorded on January 25, 2011, as Document No. 2011- 0047032, in the Official Records of San Diego County. WHEREAS, this Agreement requires the One Oak Homeowners Association, a California nonprofit mutual benefit corporation ( "Association ") to monitor the private stormwater treatment facilities located on each residential lot located within the Property (collectively, "Stormwater Facilities ") and notify the City of any unauthorized modifications or failure by any owners within the Association to properly maintain the Stormwater Facilities located on the owners' respective lots. This Agreement is an Association covenant. The private Stormwater Facilities to be monitored include, private biofiltration basins. The description and plat of Stormwater Facilities is set forth in Exhibit "B" which is, attached hereto and made a part hereof. The term "Inspection" is defined in Paragraph 1 below. WHEREAS, this Agreement is required by the City as 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 described in Exhibit "B" benefit said Property, the Developer, and the future owners of the lots /parcels created per Map No. 14032, their heirs, successors, and assigns (collectively, "Owners "), and SMRH:474540875.4 -1- WHEREAS, City requires that Developer establish the Association in conformance with the Davis - Stirling Common Interest Development Act (Civil Code Section 4000 et seq.) to be responsible for the Inspection of Stormwater Facilities into perpetuity; and WHEREAS, a Storm Water Maintenance Agreement has been or will be recorded against each residential lot located within the Association and holds the lot owners responsible for the maintenance of the Storm Water Facilities as set forth in Exhibit "C" which is attached hereto and made a part hereof; and WHEREAS, it is the desire of the City, that the Association routinely inspect the Storm Water Facilities and notify the property owners and the City of any unauthorized modifications and /or failure by any lot owners to properly maintain the Stormwater Facilities located on the lot owners' respective lots; and WHEREAS, it is responsibility of each individual lot owner to manage and oversee Maintenance of Stormwater Facilities located within his or her residential lot and to provide maintenance reports to the City of Encinitas as required by a separate agreement; and WHEREAS, Developer's responsibility to inspect the Stormwater Facilities will be transferred to Association in accordance with that certain Declaration of Covenants, Conditions and Restrictions and Establishment of Easements of One Oak recorded or to be recorded in the Office of the County Recorder of San Diego County ( "Declaration ") and pursuant to the Association budget and project phasing schedule reviewed and approved by the California Bureau of Real Estate; and WHEREAS, following the first close of escrow on a residential lot in the Association, the Association shall be responsible to monitor the Stormwater Facilities that have been annexed into the Association and the Owners shall continuously maintain and operate the Association for purposes of such monitoring; and WHEREAS, it is a requirement of development that this Agreement constitute a covenant running with the land, binding upon the Association in perpetuity. NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION AS FOLLOWS: 1. This Agreement establishes the Association's Monitoring requirements for the Stormwater Facilities. The term "Monitoring" wherever capitalized in this Agreement shall include, but shall not be limited to: monitoring for purposes of identifying operational deficiencies in the privately maintained Stormwater Facilities, informing lot owners regarding the City's maintenance and reporting requirements, and informing lot owners that any modification of the Stormwater Facilities requires a permit from the City. If the Association becomes aware of any modification of the Stormwater Facilities or if a lot owner has failed to properly maintain the Stormwater Facilities, then the Association shall notify the lot owner and the City's Stormwater Division of its findings. Any modification of the Stormwater Facilities by a lot owner requires the prior written approval of the City's Engineering Department. The Association's obligations under this Agreement are limited to monitoring and notification as provided in this Paragraph 1 and do not include enforcement of any lot owner's obligations to maintain the Stormwater Facilities. 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 SMRH 474540875.4 -2- hereby created shall be and constitute a covenant running with the land. Any heirs, executors, administrators, assignees, and /or successors in interest of the Association shall be deemed to have consented to and become expressly bound by these presents, including without limitation, the right of the City to enforce the terms of this Agreement by filing a legal action, 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 the Developer and maintained by the individual lot owners. The Stormwater Facilities are constructed per plans and specifications identified in approved Grading Plan No. 6857 -G which is on file as a permanent public record in the City of Encinitas and as shown on Exhibit "B ". 4. Developer shall record an Agreement for Maintenance of Private Stormwater Treatment and Stormwater Pollution Control Facilities by Homeowner ( "Stormwater Agreement (Owner) ") which covers each residential lot within the Association, binds future individual lot owners and provides that each such owner shall maintain and inspect the Stormwater Facilities located on his or her lot and file annual reports with the City. 5. The contact information for the Association is set forth below ( "Contact Information "). One Oak Homeowners Association c/o Shea Homes Limited Partnership 9990 Mesa Rim Road, Suite 200 San Diego, CA 92121 Attn.: John Vance Telephone: (858) 526 -6500 Email: john.vance @sheahomes.com If there are any changes in Association or management company, updated Contact Information shall be provided to the City by the Association within thirty (30) days of the change being made. Contact information shall be provided in writing to the following address (or current City of Encinitas, Civic Center address): City of Encinitas Stormwater Division 505 S. Vulcan Avenue Encinitas, CA 92024 6. Any liability of the Association for personal injury to any worker employed to provide Monitoring under this Agreement, or to third persons, as well as any liability of the Association for damage to the property of any third persons, as a result of or arising out of Monitoring under this Agreement, shall be borne by the Association. 7. As of the Association Transfer Date (defined below), Association shall indemnify, defend and hold harmless 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, made by the Association's directors, officers, employees, volunteers or agents arising out of the Association's Monitoring of the Stormwater Facilities under this Agreement, its failure to provide Monitoring of the Stormwater Facilities or its failure to notify the City as provided in Section 1 of this Agreement. SMRH:474540875.4 -3- 8. The terms of this Agreement may be amended in a writing signed by the City and Developer upon written approval by the City Engineer. After the Association Transfer Date, the Association shall sign amendments to this Agreement. 9. 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. 10. Developer shall be responsible for its obligations under this Agreement, until the date Developer transfers its rights and obligations under this Agreement to the Association as set forth in the budget reviewed by the California Bureau of Real Estate for the Association on a phase -by -phase basis, at which time the Association shall assume all rights and obligations of Developer under this Agreement on a phase -by -phase basis ( "Association Transfer Date "), and Developer shall have no further rights or obligations under this Agreement for any matters arising after the Association Transfer Date for each phase. Once the Monitoring obligations under this Agreement has been assumed by the Association as to each phase, City acknowledges and agrees that certain approvals by and obligations of the Association shall be governed by the provisions of the declaration of covenants, conditions and restrictions recorded by Developer for the Property. 11. The Recitals set forth above and all Exhibits attached hereto are incorporated herein by this reference. IN WITNESS HEREOF, Developer and City have executed this Agreement on the dates set forth below. DEVELOPER: SHEA HOMES LIMITED PARTNERSHIP, a California limited p7�,rs hip B y : `-r—� Name: o Title: 4 %3 r � By: Q ) Name: Title: OF ENCINITAS: Interim Eftuty CM Engineer SMRH:474540875.4 -4- d Date 6 I C � I v1 Date C, I 7 Date 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 -56- On `dui g, CA01 before me f'lYllt a- iou a Notary Public, personally appeare o )11ance proved to me on the basis of satisfactory evidence to be the person(s) whose name(5) ie{are subscribed to the within instrument and acknowledged to me that he4he4they executed the same in W i;lier,4heir authorized capacity(ip,5), and that by their signature(son the instrument the person(s), or the entity upon behalf of which the person(0) 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. HELEN A. ANAVA -RIOUX Notary Public - California < San Diego County Signature T Commission N 2153589 M Comm. Expires May 19, 2020+ 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 36k+ Die�e, On - 13--2uli , before me, PrY)Ck-e( -A VA-. � M6 Y) , a Notary Public, personally appeared '� w o proved to me on the basis of satisfactory evidence to be the persons) Chel se name(s) is re subscribed to e within instrument and acknowledged to m hat he /they exe ted the same in his her /their authorized capacity(ies), and that by his her r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. 9'' , AGEU IMON S Comm.$ 2182395 N e a eor m DiEGO .0 Via" N Signature , to caw. FOP. Yae. 2, 2021 SMRH:474540875.4 -5- 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 ) On , before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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 person(s) 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. Signature SMRH:474540875.4 -6- EXHIBIT "B" Description and Plat of Stormwater Facilities [Attached Hereto] All items, and location of items, shown on illustration are shown for informational purposes only and should not be relied upon for content, precise design or dimension. The actual conditions will control. The above plan is for illustrative purposes only and are approximate dimensions. SMRH.474540875.4 EXHIBIT "B„ EXHIBIT A -1 LEGAL DESCRIPTION LOTS 1 THRU 28 INCLUSIVE OF CITY OF ENCINITAS TRACT NO 89 -031, IN THE CITY OF ENCINITAS, COUNY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14032, FILED IN THE COUNTY RECORER OF SAN DIEGO COUNTY, SEPTEMBER 7, 2000. STORMWATER MAINTENANCE AGREEMENT ElaMIT ONE OAK - LOTS 1 -28 MOTH. T-2' (TYP) 18" MIN. ENGINEERED SOIL *SEE NOTE BELOW IAPF7RMABLE VISOI.EEN- ' , r LINING —// 14" MIN. � TOP OF BERM OVER FLOW Pfb4dlaad11HI1/.`tl 12"-314' CRUSHED ROCK J 4" PERFORATED PIPE TO CONNECT B. PVC EMERGENCY OUTLET PIPE I'.. CONSTRUCT HEADWALL TO MET. IE =PER PLAN ► ►oa• ,►► a► ► ■•► e NOTE 4" PIPE SHALL BE CENTERED Ali 5515' ROCK RIP -RAP PER D-40, IN IAP RUN ENTIRE LENGTH OF DP @ 2% MIN. NO. 2 BACKING W/ FILTER ►• • r aCrll�fldll�ll •�' ► � � ®IlAlld�lAll ®111 MOTH. T-2' (TYP) 18" MIN. ENGINEERED SOIL *SEE NOTE BELOW IAPF7RMABLE VISOI.EEN- ' , r LINING —// 14" MIN. � TOP OF BERM OVER FLOW Pfb4dlaad11HI1/.`tl 12"-314' CRUSHED ROCK J 4" PERFORATED PIPE TO CONNECT B. PVC EMERGENCY OUTLET PIPE I'.. CONSTRUCT HEADWALL TO MET. IE =PER PLAN PER SDRSD D-30 J NOTE 4" PIPE SHALL BE CENTERED B" PVC DRAIN PIPE 5515' ROCK RIP -RAP PER D-40, IN IAP RUN ENTIRE LENGTH OF DP @ 2% MIN. NO. 2 BACKING W/ FILTER CLOTH. T -2' (fYP) *'ENGINEERED SOIL" LAYER SHALL BE MINIMM 24" DEEP "SANDY LOAM" SOIL MIX WITH NO MORE THAN 5% CLAY CYMTENT. THE MIX SHALL CONTAIN 50-60% SAND, 20-30% COMPOST OR HARDWOOD MULCH AND 20-30% TOPSOIL NOTE TO CONTRACTOR PERMANENT VEGETATED TAP AREAS SHALL BE CONSTRUCTED PER SIZE ON PLANS AND SPECIFICATIONS PROVIDED ON THIS DETAIL. ANY DEVIATIONS WITHOUT PRIOR APPROVAL FROM BOTH THE CITY OF ENCINITAS AND THE ENGINEER OF RECORD WILL RESULT IN REMOVAL AND RECONSTRUCTION OF IAN AREA. NOTE BASIS ON LOT 7 10, 12 -21 & 23. TO BE UTILIZED AS STORM WATER TREATMENT BIORETENTION BASINS TO TREAT RI.M)FF FROM PROPOSED STREETS. ON LOTS 1-f 8, 9 11 22 & 24 -28 BICRETENTION BASINS TO BE UTILIZED AS STORM WATER TREATMENT BIOAETENTIOIN BASINS WHEN HOA£S ARE PROPOSED ON EACH LOT. TYPICAL SECTION BIORETENTION WITH PARTIAL RETENTIONAND BIOE&TRATIONBASIN NO SCALE 18"x18' BROOKS 18ir18' BROOKS WATER QUALITY BOX OUTLET WATER QUALITY BOX OUTLET VOLUME MY) STRUCTURE TG VOLUFE (OCV) STRUCTURE TO WSEL PER PLAN WSEL PER BASIN FINISHED _ _ y_ _ _ _ BASIN FINISHED SURFACE _ _ _ SURFACE R=STRICTOR PLATE 1 =1 11' ASSEMBLY " "° "' r ,..• — - . , FLOW CONTROL 4" PERFORATED PVC ORIFICE SIZE 8' PVC EMERGENCY EMERGENCY 8" PVC PER PLAN OUTLET PIPE OUTLET PIPE DRAIN PIPE OUTLET STRUCTURE DETAIL NO SCALE EXHIBIT B -2 BMP SIZING Lot 11 PROP A(SF) SURFACE VOLUME: VI (CF) BASIN VOLUME: V2 (CF) ORIFICE (IN) 1 600 600 600 0.50 2 600 & 260 600 & 260 600 & 260 0.50 3 600 & 760 600 & 760 600 & 760 0.50 4 600 & 440 600 & 440 600 & 440 0.50 5 600 & 552 600 & 552 600 & 552 0.50 6 700 700 700 0.53 7 700 1 700 700 0.53 8 600 & 225 600 & 225 600 & 225 0.53 9 600 600 600 0.53 10 900 900 900 0.53 11 700 700 700 0.53 12 600 600 600 0.53 13 600 600 600 0.53 14 700 700 700 0.53 15 601 600 600 0.53 16 700 700 700 0.53 17 900 900 900 0.53 18 700 700 700 0.53 19 700 700 700 0.53 20 600 600 600 0.53 21 70D 700 700 0.53 22 600 600 600 0.53 23 600 600 600 0.53 24 600 600 600 0.53 25 700 700 700 0.53 26 600 600 600 0.53 27 600 600 600 0.53 28 600 600 600 0.53 EXHIBIT B -3 STORMWATER MAINTENANCE AGREEMENT EMMIT ONE OAK - LOTS 1 -3 LEGEND ®PROPOSED BIOFILTRATION BAS I N 1 2 ;aa i 1 I - J 1 SCALE 1"=60' 60 0 60 STORMWATER MAINTENANCE AGREEMENT EXHIBIT EXHIBIT B-4 .7l.HLC: I =OV ' EXHIBIT B -5 OAL OAK - LOTS 7 6 10 STOP^TT � ,f�TTA � � � T� ��� T I l T! \T • / \TTTI T11T T�)T1TTTl1 Iffil EXHIBIT B-6 1 ' 1 1 1 11: J' e �, •� STORMWATER AfAINTENANCE AGREEMENT EXHIBIT EXHIBIT B -8 _- , , , _ - OAE OAK - LOTS 17 -20 , 20 �� � ` : 19 i- !M 17 SCALE .0 1, 60 0 60 EXHIBIT B -9 OW OAK - LOTS 21 -22 .0 60 0 60 EXHIBIT B -10 STORMWA TER MAINTENANCE AGREEMENT E)aMlT OAE OAK - LOT I 24 a �I D a \ 23 \ �a \ \ ♦ ♦ \ ♦ ♦ SCALE.. 1 - =60' 60 0 60 STORMWATER MAIlVT'ENANCE AGREEMENT EXHIBIT EXHIBIT B -11 OAE OAK - LOTS 25 SCALE: 1 " =60' STORMWATER MARfrENANCE AGREEMENT EXHIBIT EXHIBIT B -12 OAE OAK - LOT 26 SCALE.' 1 " -60' 60 0 60 EXHIBIT B -13 STORMWA TER MAINTENANCE AGREEMENT EXHIBIT ONE OAK - LOTS 27 -28 EXHIBIT C -1 Biofiltration with Partial Retention SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR PR -1 BIOFILTRATION WITH PARTIAL RETENTION The property owner is responsible to ensure inspection, operation and maintenance of permanent BMPs on their property unless responsibility has been formally transferred to an agency, community facilities district, homeowners association, property owners association, or other special district. Maintenance frequencies listed in this table are average /typical frequencies. Actual maintenance needs are site - specific, and maintenance may be required more frequently. Maintenance must be performed whenever needed, based on maintenance indicators presented in this table. The BMP owner is responsible for conducting regular inspections to see when maintenance is needed based on the maintenance indicators. During the first year of operation of a structural BMP, inspection is recommended at least once prior to August 31 and then monthly from September through May. Inspection during a storm event is also recommended. After the initial period of frequent inspections, the minimum inspection and maintenance frequency can be determined based on the results of the first year inspections. Threshold /Indicator Maintenance Action Typical Maintenance Frequency Accumulation of sediment, litter, or debris Remove and properly dispose of accumulated materials, • Inspect monthly. If the BMP is 25% full- or more in without damage to the vegetation or compaction of the one month, increase inspection frequency to monthly media layer. plus after every 0.1 -inch or larger storm event. • Remove any accumulated materials found at each inspection. Obstructed inlet or outlet structure Clear blockage. • Inspect monthly and after every 0.5 -inch or larger storm event. • Remove any accumulated materials found at each inspection. Damage to structural components such as weirs, inlet or Repair or replace as applicable. • Inspect annually. outlet structures . Maintenance when needed. Poor vegetation establishment Re -seed, re- plant, or re- establish vegetation per original . Inspect monthly. plans. . Maintenance when needed. Dead or diseased vegetation Remove dead or diseased vegetation, re -seed, re- plant, • Inspect monthly. or re- establish vegetation per original plans. . Maintenance when needed. Overgrown vegetation Mow or trim as appropriate. . Inspect monthly. • Maintenance when needed. 2/3 of mulch has decomposed, or mulch has been Remove decomposed fraction and top off with fresh . Inspect monthly. removed mulch to a total depth of 3 inches. . Replenish mulch annually, or more frequently when needed based on inspection. "25% full" is defined as Y4 of the depth from the design bottom elevation to the crest of the outflow structure (e.g., if the height to the outflow opening is 12 inches from the bottom elevation, then the materials must be removed when there is 3 inches of accumulation —this should be marked on the outflow structure). EXHIBIT C -2 Biofiltration with Partial Retention SUMMARY OF STANDARD INSPECTION AND MAINTENANCE FOR PR -1 SIOFILTRATION WITH PARTIAL RETENTION (Continued from previous page) Threshold /indicator Maintenance Action Typical Maintenance Frequency Erosion due to concentrated irrigation flow Repair /re- seed /re -plant eroded areas and adjust the . Inspect monthly. irrigation system. . Maintenance when needed. Erosion due to concentrated storm water runoff flow Repair /re- seed /re -plant eroded areas, and make • Inspect after every 0.5 -inch or larger storm event. If appropriate corrective measures such as adding erosion erosion due to storm water flow has been observed, control blankets, adding stone at flow entry points, or increase inspection frequency to after every 0.1 -inch minor re- grading to restore proper drainage according or larger storm event. to the original plan. If the issue is not corrected by . Maintenance when needed. If the issue is not restoring the BMP to the original plan and grade, the corrected by restoring the BMP to the original plan [City Engineer] shall be contacted prior to any additional and grade, the [City Engineer] shall be contacted prior repairs or reconstruction. to any additional repairs or reconstruction. Standing water in BMP for longer than 24 hours Make appropriate corrective measures such as adjusting . Inspect monthly and after every 0.5 -inch or larger following a storm event irrigation system, removing obstructions of debris or storm event. If standing water is observed, increase invasive vegetation, clearing underdrains, or inspection frequency to after every 0.1 -inch or larger Surface po longer than approximately 24 hours repairing/replacing clogged or compacted soils. storm event. storm following a storm event may be detrimental to a • Maintenance when needed. vegetation health Presence of mosquitos /larvae If mosquitos /larvae are observed: first, immediately . Inspect monthly and after every 0.5 -inch or larger remove any standing water by dispersing to nearby storm event. If mosquitos are observed, increase For images of egg rafts, larva, pupa, and adult landscaping; second, make corrective measures as inspection frequency to after every 0.1 -inch or larger mosquitos, see applicable to restore BMP drainage to prevent standing storm event. htto: / /www.mosguito.org /biologV water. • Maintenance when needed. If mosquitos persist following corrective measures to remove standing water, or if the BMP design does not meet the 96 -hour drawdown criteria due to release rates controlled by an orifice installed on the underdrain, the [City Engineer] shall be contacted to determine a solution. A different BMP type, or a Vector Management Plan prepared with concurrence from the County of San Diego Department of Environmental Health, may be required. Underdrain clogged Clear blockage. . Inspect if standing water is observed for longer than 24 -96 hours following a storm event. • Maintenance when needed.