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2019-301308 DOC# 2019-0301308 111111111 IIIII I I I IIII IIIII IIIII IIIII IIIII III IIII IIII II II Jul 24, 2019 01:22 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER Recording Requested By: FEES: $50.00 (S132 Atkins: $0.00) City Engineer PAGES: 13 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: 264-160-60 , 264-160-52 Planning Case #: 17-107 TPM/DR Grading Plan: 14173-G THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and BRETT D. GARRETT AND ASHLEY L. GARRETT, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP AND CHAD M. GARRETT AND BRITTNEY J. GARRETT HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP, AND LYNN W. THOMAS AND JUDY A. THOMAS HUSBAND AND WIFE AS COMMUNITY PROPERTY, 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 i 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 13 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 14173-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: C646�� 1-1-1c) I II TT D. RRETT, Owner Date -0+61(� z6 l to E G RETT, Owner Date � l D M. GARB Owner Date BRITT J. GARR , Owner Date A� VV LYNN V1. THOMAS, Owner Date ', m 7 Ir -12 DY A. T OMAS, Owner Date X/W 77102IPW5 Signature of OWNER must be notarized. Attach the appropriate acknowledgement. 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 On before me, 01M wz � . .in X� �►a_L�� A Notary Public personally appeared ice'! e,-4'2, W t('f��-9+�Ah IfI/I �a T,11f j(f A Gi i n2 01qd ) ji.A s I ,h/ igo. whnre oved to me on the basis of satisfactory evidence to be the person(s) wh name(s) is/ ubs cribed to ithin instrument and acknowledged to me th /she hey xecuted the same in his/he Qltheir' utho rized capacity(ies), and that by his/h their sl nature(s) on the instrument the persor the entity upon behalf of which the perso 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. KIM WESTERFIELD Commission #2145292 Notary Public-California z �..i Orange County b Signature My Comm.Expires Mar 23,2020 (Seal) 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 Calif rnia ) County of�— On �lJ�/�l�, d0/9 before me, &Q a/ _'? ✓14& Date / Here Insert Name and Title of the Officer personally appeared G/1/9" z�20l 7i/Ori , Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that.fI/sbe/they executed the same in be4eer/their authorized capacity(ies),and that by b~/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 SANDRA K.DEINNARDT is true and correct. Notary Public—California WITNESS my hand and official seal. San Diego County Commission#2223573 My Comm.Expires Dec 24,2021 Sign to Signature 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: 1�lCII.COrJ'I.fih Document Date: Number of Pages: ffl Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signqrr(s) Signer's Name: 2-/f/I1�9 I/'J OIWI-0 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.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 CITY OF ENCINITAS: Z2 2,-D/ 5 V d J. Wi r Date City Engineer Development Services Department City of Encinitas 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 County of 5�yl -T)1�AP SS. On 1- -),-3- 15 , before me, A . S�mon ,Notary Public, DATE 1 I q personally appeared LGcA scx,+r� J W ��Yl Y1'1eil�,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed the within instrument and ackn edged to me tha he/ he/they executed the sa I is er/their authoriz capacity(ies), and that by his/' 'r/their signature(s) on the instrument the pe (s), or the entity upon behalf of which the �,•�". 0�p r�,A ANGELA A. SIMON person(s) acted, executed the instrument. )n g COMM.#2182396 VI r a° NOTARY DIEGO Couran P CALIFORNIA SAN U1 I certify under PENALTY OF PERJURY under the ieco MY COMM.EXP.MAR.2,2021 d laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. zL'Z d PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) F] ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT r-1 OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBF RINT s SIGNER a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://www.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT `A' LEGAL DESCRIPTION OF REAL PROPERTY APN 264-160-60&264-160-52 2902 Lone Jack Road (APN: 264-160-60) PARCEL 2 AND PARCEL 3 OF PARCEL MAP NO. 17006, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 25, 1992, TOGETHER WITH THOSE PORTIONS OF LOT 18 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898 AND OF THE SOUTHERLY HALF OF 14TH STREET ADJOINING LOT 88 ON THE NORTH, OF THE COLONY OF OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885. 2920 Lone Jack Road (APN: 264-160-52) PARCEL 1 OF PARCEL MAP NO. 17006, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 25, 1992, AS CORRECTED BY CERTIFICATE OF CORRECTION RECORDED APRIL 18, 1997 AS FILE NO. 1997-180464 OF OFFICIAL RECORDS. i j An Milli W- R.�v i 1 U-a°�•� �1i� "`tom .• � i 10 NO !,: J i'%III 1/ �+c �►�J`-;•- • . � •i111I� �� �/' _I/'-'�I�°��A=ice•'� /. � �-a�' '�.�w-�► `=��I�' ,, /,i� 7�% ,.:aid�•...U,•n!- ••�.� \ t _,�.� ������� ,,�� ,1 Ili.y1 .i I•.:- �Wool /'i��Ay.'_•�1._•i�WI , �► v^-+I/� # �a;� .A� _ .�` ;''rim i� ��_ ��„ �►�; ".`� ���' x`,11 �.����/mil '�����..�I��� •'I► ��� � . � IIII r,..l��l�-•d 7 � t L Ili �L �� �� ��: ; .• MIS 1, EXHIBIT 'B' - CONTINUED ° PLAT OF STORM WATER POLLUTION CONTROL FACILITIES APN 264-160-60 & 264-160-52 3' WELL-AGED, SHREDDED 24"X24'BROOKS CATCH HARDWOOD MULCH BASIN 2424CB W/2424 5'X8' N0.2 DROUGHT RESISTANT TEFL GRATE. ARE SEALED BACKING RIP-RAP LANDSCAPING PER LANDSCAPE PLANS AND WATER TIGHT. KEYSTONE WALL OR EQUAL OR SLOPED 8'PVC \' W.-PER GP 30' A . DECORATIVE ROCK DRAIN PIPE �. \/ rCID T.W.=PER GP \ mPf3T G.P. 18"MIN.� 177 ENGINEERED SOIL% � _I r6'OF 3/8' 3/4° CRU \�RU SHED \/ ROCK.,/ \,? 30 lal11C r \i / 18" GRAVEL MEMBRANE, \ IMPERVIOUS LINER ALL 6"PERFORATED PVC PIPE W/ SOUD 6' PVC/ABS DRAIN PERFORATIONS O INVERT ALONG PIPE OUTLET. LENGTH OF BMP UNDERDRAINS ORIFICE OUTLET TYPICAL BIOFILTRATION BASIN SECTION BASIN J&3 (DMAI—BFI do DMA3—BF3) NOT TO SCALE ORIFICE DIAMETER BASIN 3 (DMA1—BF1): 0.85" DIA BASIN 1 (DMA3—BF3): 0.71" DIA 24'X24"BROOKS DROUGHT RESISTANT LANDSCAPING CATCH BASIN 2424CB TO PER GP PER LANDSCAPE PLANS W/2424 STEEL GRATE ))j,p FILTER COURSE 8' 3"WELL-AGED, SHREDDED VAVARIES OF 3/8' GRAVEL � \ Ca HARDWOOD MULCH S PER GP I F� TW PER GP (E)CROUN ��\ 24'MAX /\\/\ D-22 SPj �\�/`\/ ' 30 MIL LOPE MEMBRANE IM PERVIOUS UNER ALL SIDES 18" IM N —I — — CMU RETAINING WALL PER SDRSO ENGINEERED SOIL\ — — y' ON% 'C-2 TO BE WATERPROOFED / r PER STANDARD DETAILS BOTH SIDES OF CM / ,\ RETAINING WALL PER SORSD "C-2', TO BE E)(MOUND WATERPROOFED PER �// \ x'24' GRAVEL. STANDARD DETAILS. \�a\\/\\ >I'll\jII � 3/4' CRUSH \ �, .\S\r\ \\r\ \\i\\3\\ ra\r\�i\�7• r\\y, r\\r\\r, \V�. \ \\r\\r\\r\\r\ra\ 6'PERFORATED PVC PIPE W/ ABS DRAIN PERFORATIONS m INVERT ALONG PIPE OUTLET.SOLID 6'PVC/ LENGTH OF BMP UNDERDRAINS ORIFICE OUTLET TYPICAL BIOFILTRATION BASIN SECTION BASIN 2 (DMA 4-8W NOT TO SCALE ORIFICE DIAMETER BASIN 2 (DMA4—BF4): 0.60" DIA EXIdIBIT "C" MINIMUM MAINTENANCE REQUIREMENTS FOR PRIVATE STORM WATER POLLUTION CONTROL FACILITIES APN 264-160-60&264-160-52 Typical Maintenance Indicator(s)for Vegetated BMPs Maintenance Actions Accumulation of sediment, litter, or Remove and properly dispose of accumulated materials, without debris 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 Repair/re-seed/re-plant eroded areas and adjust the irrigation flow system. Erosion due to concentrated storm Repair/re-seed/re-plant eroded areas, and make appropriate water runoff flow corrective measures such as 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 BIVlP to the original plan and grade,the [City Engineer] shall be contacted prior to any additional repairs or reconstruction. Standing water in vegetated swales 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 infiltration, or minor re-grading for proper drainage.If the issue is not corrected by restoring the BDB' to the original plan and grade, the [City Engineer] shall be contacted prior to any additional repairs or reconstruction. Standing water in bioretention, flake appropriate corrective measures such as adjusting irrigation biofiltration with partial retention, or system, removing obstructions of debris or invasive vegetation, biofiltration areas, or flow-through clearing underdrains (where applicable), or repairing/replacing planter boxes for longer than 96 hours clogged or compacted soils. following a storm event* Obstructed inlet or outlet structure Clear obstructions. Damage to structural components such Repair or replace as applicable. as weirs,inlet or outlet structures *'These BMPs typically include a surface ponding layer as part of their function which may take 96 hours to drain following a storm event. Inspection and Maintenance Frequency During the first year of normal operation of a structural BMP (i.e.when the project is fully built out and occupied),inspection by the property owners representative is recommended at least once prior to August 31 and then monthly from September through May. Inspection during a storm event is also recommended. It is during and after a rain event when one can determine if the components of the BMP are functioning properly.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. The minimum inspection and maintenance frequency is annual.