Loading...
2018-146410 DOC# 2018-0146410 Apr 12, 2018 03:29 PM OFFICIAL RECORDS Recording Requested By: Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER City Engineer FEES: $59.00 (S132 Atkins: $0.00) PAGES: 16 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: 264-102-02J Planning Case #: 09-054 ADR Grading Plan: 11314- G THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and RICHARD LEIGH BUMANN AND ADELINE ELIZABETH BUMANN, TRUSTEES UNDER THE ADELINE & RICHARD BUMANN FAMILY TRUST DATED DECEMBER 14, 1990, 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. y 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 11314-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: Richard Leigh umann, Trustee Date Adeline Eliza t Bumann, Trustee Date Signature of OWNER must be notarized. Attach the appropriate acknowledgement. YA-�, - � 1�s Christopher . Magdosku E5ate City Engineer Development Services Department C oT� ��' Nc irJ -T-AS t 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 Californ'_ ) County of f � ) On before me, Date Here Insert Name and Titl of th Officer personally appeared C C ` -�n heir L­ Name(s) of igne who proved to me on the basis of satisfactory evidence to be th person(s) whose name(s) is/ re cribed to the within instrument and ackno dged to me tha he executed the same in hi er/their authorized capacity(ies), and that lo 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 4•►►�m� ANGELA A. SIMON is true and correct. Comm.$2162396 rn WITNESS my hand and official seal. NOTARY MUC-CAUFORNiA =' SAN DIEGO COUNTY Ge000a MY Comm.UP.MAR.2.20'11'® Signature gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached 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: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 California ) County of SO,-, �q6 ) On fl� 1 1b, qbl b before me, -L r , Date Here Insert Name and TitA of the Officer personally appeared 'R,o-An;ar 6 Lei I-I J rYlls In y, 4 0 A r*-( Name(s) of Signer(s) l.A r e"N C r,Y, 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. MAGGIE DUEL Notary Public-California z San Diego County D Signature Commission#2211453 My Comm.Expires Sep 22,2021 nature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached 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: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT "A" Legal Description of Property PARCEL 'A' FOR APN 264-102-02 NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, AND RANGE 3 WEST, S.B.M., IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO U.S. GOVERNMENT SURVEY APPROVED OCTOBER 27, 1875. PARCEL 'B' AN EASEMENT FOR ROAD AND UTILITY PURPOSES, WITH THE RIGHT TO GRANT TO OTHERS, OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 60 FEET OF THE NORTHERLY 285 FEET, AND THE EASTERLY 30 FEET OF THE SOUTHERLY 376 FEET OF THE SOUTH 1/2 OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, THIS EASEMENT IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE AND BENEFIT OF ALL PRESENT AND FUTURE OWNERS OF ALL OR ANY PART OF THE NORTHERLY 25 ACRES OF THE EASTERLY ONE-HALF OF THE WESTERLY ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 9. EXHIBIT "B" Description and Plat of Stormwater Facilities 12.2' EP BUMANN ROAD EP F==74g.f J 73.6' 203.0' EP EXISTING 60.0' R=40.5' WIDE PRIVATE ROAD EASMENT L°70`0' - i LO N I I PI : I , a I r � EDGE tIE n 264-101-26 'L PAVEMENT (EP) I �-� . I SCALE_ 1" = 60' L=4 0'L=23.2' - EP 0 60 120 L=66.6' STORM WATER MAINTENANCE AREA O I APN 264— 102-02 EXHIBIT `C' Minimum Maintenance Requirements for Stormwater Facilities (Frequency and Procedures) (this page intentionally left blank, see following pages) FT-1 Vegetated Swales Siting and Design Intent/Rationale elevation of the aggregate storage layer. performance by allowing perforations to remain unblocked. Smaller diameter underdrains are prone to � Minimum underdrain diameter is 6 inches. clogging. Underdrains are made of slotted,PVC pipe Slotted underdrains provide greater intake conforming to ASTM D 3034 or equivalent capacity, clog resistant drainage,and reduced entrance velocity into the pipe, or corrugated,HDPE pipe conforming to thereby reducing the chances of solids AASHTO 252M or equivalent. migration. An underdrain cleanout with a minimum 6- inch diameter and lockable cap is placed Properly spaced cleanouts will facilitate ❑ every 250 to 300 feet as required based on underdrain maintenance. underdrain length. Conceptual Design and Sizing Approach for Site Design 1. Determine the areas where vegetated swales can be used in the site design to replace traditional curb and gutter facilities and provide volume reduction through infiltration. Conceptual Design and Sizing Approach for Storm Water Pollutant Control Only To design vegetated swales for storm water pollutant control only, the following steps should be taken: 1. Verify that siting and design criteria have been met,including bottom width and longitudinal and side slope requirements. 2. Calculate the design flow rate per Appendix B based on expected site design runoff for tributary areas. 3. Use the sizing worksheet to determine flow-thru treatment sizing of the vegetated swale and if flow velocity, flow depth, and hydraulic residence time meet required criteria. Swale configuration should be adjusted as necessary to meet design requirements. Maintenance Overview Normal Expected Maintenance. Vegetated swales require routine maintenance to: remove accumulated materials such as sediment, trash, and debris; maintain vegetation health; and maintain integrity of side slopes, channel bottom, inlets, energy dissipaters, weirs or check dams, and outlets to ensure runoff will be conveyed as uniform flow throughout the swale (i.e., flow will spread uniformly across the width of the swale as it is conveyed from upstream to downstream). E-144 January 2018 FT-1 Vegetated Swales Non-Standard Maintenance or BMP Failure. If any of the following scenarios are observed, the BMP is not performing as intended to protect downstream waterways from pollution and/or erosion. Corrective maintenance, increased inspection and maintenance, BMP replacement, or a different BMP type will be required. • The BMP is not drained between storm events. Surface ponding longer than approximately 24 hours following a storm event may be detrimental to vegetation health, and surface ponding longer than approximately 96 hours following a storm event poses a risk of vector (mosquito) breeding. Poor drainage can result from deposited materials or overgrowth of vegetation within the swale blocking drainage conveyance or blocking an outlet structure, or localized erosion issues that cause channelization and prevent uniform flow throughout the swale. The specific cause of the drainage issue must be determined and corrected. 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. • Sediment, trash, or debris accumulation blocking drainage becomes a chronic issue observed at every inspection. This means the load from the tributary drainage area is too high, reducing BMP function or clogging the BMP. This would require pretreatment measures within the tributary area draining to the BMP to intercept the materials. • Erosion due to concentrated storm water runoff flow that is not readily corrected by adding erosion control blankets, adding stone at flow entry points, or minor re-grading to 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. Sediment Loading. Consider the effects of BMP design and tributary area land uses on the clogging potential of the BMP. Complete the sediment loading analysis included in Appendix E.27. E-145 January 2018 FT-1 Vegetated Swales 'Summary of Standard Inspection and Maintenance 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. e i e m o � . Accumulation of sediment,litter, or Remove and properly dispose of accumulated •Inspect monthly. If accumulated materials debris materials,without damage to vegetation. are observed blocking drainage,increase inspection frequency to monthly 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 Repair or replace as applicable. •Inspect annually. as weirs,inlet or outlet structures •Maintain when needed. Poor vegetation establishment Re-seed,re-plant, or re-establish vegetation per •Inspect monthly. original plans. •Maintain when needed. E-146 January 2018 FT-1 Vegetated Swales o e e e ® e e o e 10I 1111111111�1;o - e Dead or diseased vegetation Remove dead or diseased vegetation,re-seed, •Inspect monthly. re-plant, or re-establish vegetation per original •Maintain when needed. plans. Overgrown vegetation Mow or trim as appropriate. •Inspect monthly. •Maintain when needed. Erosion due to concentrated irrigation Repair/re-seed/re-plant eroded areas and adjust •Inspect monthly. flow the irrigation system. •Maintain when needed. Erosion due to concentrated storm Repair/re-seed/re-plant eroded areas, and make •Inspect after every 0.5-inch or larger storm water runoff flow _ appropriate corrective measures such as adding event. If erosion due to storm water flow erosion control blankets,adding stone at flow has been observed,increase inspection entry points, or minor re-grading to restore frequency to after every 0.1-inch or larger proper drainage according to the original plan. storm event. If the issue is not corrected by restoring the •Maintain when needed. If the issue is not BMP to the original plan and grade, the [City corrected by restoring the BMP to the Engineer] shall be contacted prior to any original plan and grade, the [City Engineer] additional repairs or reconstruction. shall be contacted prior to any additional repairs or reconstruction. Standing water in BMP following a Make appropriate corrective measures such as •Inspect monthly and after every 0.5-inch storm event adjusting irrigation system,removing or larger storm event. If standing water is obstructions of debris or invasive vegetation, observed,increase inspection frequency to loosening or replacing top soil to allow for after every 0.1-inch or larger storm event. better infiltration, or minor re-grading for •Maintain when needed. 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. E-147 January 2018 FT-1 Vegetated Swales o Presence of mosquitos/larvae If mosquitos/larvae are observed: first, •Inspect monthly and after every 0.5-inch immediately remove any standing water by or larger storm event. If mosquitos are For images of egg rafts,larva,pupa,and dispersing to nearby landscaping; second,make observed,increase inspection frequency to adult mosquitos, see corrective measures as applicable to restore after every 0.1-inch or larger storm event. http://www.mosquito.org/biology BMP drainage to prevent standing water. *Maintain when needed. If mosquitos persist following corrective measures to remove standing water, 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. E-148 January 2018