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2017-571355
DOC# 2017-0571355 III I III II II IIII II III IIII I III III IIII I III I II I I III Dec 08, 2017 08:27 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., Recording Requested By: SAN DIEGO COUNTY RECORDER FEES: $63.00 City Engineer PAGES: 17 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: 264-091-84 Planning Case #: NA Grading Plan: 13483-G THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and DAVID WALKER AND CHARLENE WALKER, HUSBAND AND WIFE AS JOINT TENANTS, 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 herebycreated 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 13483-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 do 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 ants permission to the City, its authorized agents, and its Y 9 p Y� 9 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. i 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 WIT ESS HEREOF, the parties have executed this Agreement. WNER: ' David alk Date adene Walker Date Signature of OWNER must be notarized. Attach the appropriate acknowledgement. . f CITY OF ENCINITAS: Christopher t. Magdosku Date j City Engineer Development Services Department City of Encinitas I 9 z 3 3 1 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 Calif mia County of D1 g�N© ) On Novern before me, ( � � (insert name and title of the officer) personally appeared 1 i- w2 S who proved to me on the basis of satisfactory evidence to be the persons whose name(s)' are subscribed-to the within instrument and acknowledged to a tha ey xecuted the same in uthorized capacity(ies), and that by their ignature(s on the instrument the persothe enti ty 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 my hand and official seal. C MA M.DEN IS �, COMM.#2106928 ° NOTARY PUBLIC•CALIFORM& SAN DIEGO COUNTY Commisssi�on EVies April 14,2019 Signature A (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 California ) County of �1.��1 _ \CC�u ) I On ��- `l - -1 before me, 1 '16 �G T&r Date -J Here Insert Names � anTitle of tfhe' fficer personally appeared r i ker p L 1 -aAL)S K U Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th erson(s) whose name(s Dare scribed to the within instrument and ackno dged to me thatUshe/they executed the s e in his her/their authorized capacity(ies), and that lb his her/their signatu )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 ANGELA A. SIMON is true and correct. ' Comma 2182396 t�oA WITNESS m hand and official seal. (� NOTARY NBUC•CALIFORNIA Vl y SAN OIEw CwNrr �uoa� MY Comm.ESP.MAR.2.2021" Signature 6. ignature 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.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT"N' i Legal Description of Property j i { F 3 { i i t {i1 3 1 i 1 i 7 { I i EXHIBIT "A" Legal Description For APNIParcel ID(s): 264-091-84-00 PARCEL D-1: PARCEL 1, 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. EXCEPTING THEREFROM ALL OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, TO ALL GEOTHERMAL HEAT AND TO ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES');AND THE PERPETUAL RIGHT TO DRILL. MINE, EXPLORE AND OPERATE FOR AND TO PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE; PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OR THE UPPER FIVE HUNDRED FIFTY FEET (550`) OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED IN DEED RECORDED NOVEMBER 26, 2003, AS FILE NO. 2003-1419224, OFFICIAL RECORDS. PARCEL D-2: A NON-EXCLUSIVE EASEMENT AND ROW FOR PRIVATE ROAD PURPOSES AND I. 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". 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 LIMITS OF SAID RIGHT OF WAY, OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF SAID SOUTHEAST QUARTER OF SECTION 8, DESCRIBED BELOW IN PARCELS D-3 THROUGH D-9 INCLUSIVE: PARCEL D-3: I 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 I tXFI l k311 "A" Legal Description ON THE ARC OF A 350.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 78 02642° EAST; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID CURVE 38.56 FEET THROUGH A CENTRAL ANGLE OF 6°18'44' 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 D-4: 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 17°52'02" 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°50'40"; THENCE SOUTH 34°58'38" EAST, 435.56 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT "Y" OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 34 058'38" EAST, 54.99 FEET; THENCE SOUTH 67 040'35" 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°51'11"; THENCE SOUTH 76°31'46" 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 15°0727" 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 TERM INATE WESTERLY ON SAID EASTERLY LINE OF THE SOUTHERLY 624.00 FEET OF THE WESTERLY 838.00 FEET THE SOUTHEAST QUARTER, PARCEL D-5: BEGINNING AT THE HEREINABOVE 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 j 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°54'40" 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 D-4 ABOVE; THENCE NORTH j 24°56'51" WEST, 40.41 FEET TO A POINT LYING ON THE NORTHERLY LINE OF PARCEL D-4 j ABOVE, SAID POINT BEING THE BEGINNING OF A NON- TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE THROUGH BEARS SOUTH 16°1539" 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°45'08" 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 53 058'0511;THENCE NORTH 55°01'22" EAST, 20.00 FEET TO THE POINT OF BEGINNING. € EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL D-4. { EXHIBIT "A" Legal Description PARCEL D-6: A STRIP OF [AND, 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 00758" 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 019154"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 49 028'4311; 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°15'45"; THENCE SOUTH 58°1454" EAST, 172.29 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT "Z" OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 58°14'54" EAST, 40.32 FEET; THENCE SOUTH 105715511 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 104 023'3211; THENCE NORTH 77 934'23" 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 D-7: BEGINNING AT THE HEREIN ABOVE DESCRIBED POINT "Z"; THENCE NORTH 31°45'06" 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 31 045'06" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL ANGLE OF 53°58'05" 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 03218" 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 021124" TO THE EASTERLY LINE OF PARCEL D-6 ABOVE; THENCE NORTH 62°12'52" WEST, 44.44 FEET TO THE WESTERLY LINE OF PARCEL D-6 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 88 002'05" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 13.67 FEET THROUGH A CENTRAL ANGLE OF 39 009'22" 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°54'39"TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL ANGLE OF 53°58'05"; THENCE NORTH 31045'06" EAST, 20.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL D-6. PARCEL D-8: EXHIBIT ' ' Legal Description THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL-D-3 AND NORTHERLY OF THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL D-6 AND SOUTHWESTERLY OF THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND TANGENT TO SAID EASTERLY LINE OF PARCEL D-3 AND SAID NORTHERLY LINE OF PARCEL D-6. PARCEL D-9: THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL D-4 AND SOUTHERLY OF THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL D-6 AND NORTHWESTERLY OF THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND TANGENT TO SAID EASTERLY LINE OF PARCEL D4 AND SAID SOUTHERLY LINE OF PARCEL D-6. EXCEPTING FROM THE HEREINABOVE DESCRIBED PARCELS D-3 THROUGH D-9 INCLUSIVE THOSE PORTIONS LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL D-1. PARCEL D-10: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER,ALONG AND ACROSS THOSE PORTIONS OF PARCELS 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'. i EXHIBIT"B" Description and Plat of Stormwater Facilities t i I i� 3 i 3 1 i 3 i i 3 i I i I 1 } I i I EXHIBIT 'B' - SITE MAP LEGEND ESMPTION SYMBOL PROPERTY LINE N45'4545"W BIOFILTRATION AREA PIAWED VEGEM770ff OVERFLOW SHREDDED ONTROL 1 MULCH STRUCTURE 1 1 1 FILTER G/NEERED " URSE- SOIL 1 B10FIL7R477ON AREA A.1 CRUSHED . R/FICE PLATE A=642 FTZ ROCK PERFORATED I UNDERDNN 1 1 DETAI. -SIORLTRATIONAREA PARTIAL REMAMON-SECnONWEW �►� NOT f0—SCALE �O 1 i 1 1 1 1 I 1 1 I 1 I 1 -- 1 60 0 � 110 iB0 WALKER RESIDENCE SCALE: V-60' 3029 WILDFLOWER DRIVE ENCINITAS, CA 92024 EXHIBIT`C' Minimum Maintenance Requirements for Stormwater Facilities (Frequency and Procedures) f 1 r t f 1 I 1 j IF# i i 3 1 i 3 i I I S I E i 1 i i j 3#� I 3 i i EXHIBIT 'C' Maintenance Plan Walker Residence Treatment BMP Maintenance Plan far Vegetated BMPs - 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 biofiltratlon 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. I *These BMPs typically include a surface ponding layer as part of their function which may take 96 hours to drain following a storm event. i E j(t Walker Residence-3029 Wildflower Drive Treahnent BMP Maintenance Plan • Access of Structural BMPs for Inspection and Maintenance • The Bio-filtration BMPs consist of three (3)vegetated areas: ■ IMP A.1--642 fe • A 2'x2'concrete inlet will be installed within the BMP with its rim elevated 10" above the surface.The total depth of the 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 basin is accessible from the front and back yard of the private residence. • Maintenance Thresholds • Any grasses within the biofiltration areas shall be cut when in excess of 4"tall. • Debris&sediment shall be cleared from the basin when 2"have accumulated. • Any amount sediment or debris accumulation observed within the overflow inlet shall be removed when seen. • During routine landscape maintenance activities,if bare areas or erosion are observed they shall be re-seeded. • If standing water is observed for longer than 24-hours the soil media shall be inspected for clogging and cleaned. ` • Bioretention Soil Media Replacement o Soil media within the bioretention area shall be replaced when the filtration rate drops below F/hour if regular maintenance cannot restore this rate. • Recommended Maintenance Equipment o Equipment needed for maintenance will typically include those needed for routine landscape maintenance: • Hand Shovels • Wheel barrows • Lawn mower • Hedge clippers • Other • Special Training o Maintenance and inspection activities required are typical for routine landscape maintenance.No special training required. 2