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2021-555512�� ' HOC# 2O2'I-05555�2 IIIIIII IIIII IIIII IIIIIIIII IIIIIIIIIIIIIIII IIIII (IIIIIIIII IIIIIIIII (III �� Aug 04, 2021 03:16 PM OFFICIAL REGOROS Ernaat J. Oronanbur9. Jr., Recording Req Uested By: SAN OIEGO COUNTY RECORDER FEES: $77.00 (SB2 Atkina: $O.00) City Engineer PAGES: 22 When Recorded Mail to: City Clark City of Encinitas 505 South Vulcan Avenue Encinitas. CA 92024 SPACE ABOVE FOR RECORDER'S USE MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER TREATMENT AND STORM WATER POLLUTION CONTROL AND HYDROMODI FICATION MANAGEMENT FACILITIES BY HOMEOWNER A.P.N.: 254-262-OS Grading Plan: LDEV-013020-2020 Address: 7272 Hvmettus Avenue Casa No: 3516-2019 CDP THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "Gifu". and KEVAN P. MCLAUGHLIN AND KELLY J_ to as "Owner", ownar(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 Hare of. This Agreement is for the periodic Maintenance of certain private sormwater treatment, pollution control, and hydromodification management facilities, hereinafter referred to collectively as "Stormwatar Facilities". Stormwatar Facilities include but are not limited to Best Management Practices (BMPs), Integrated Management Practices (IMPs), Low Impact Development (LID) features, Hydromodification Management Plan (HMP) facilities, structural stormwater treatment devices, and drainage facilities. The description and plat of Stormwatar 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 Stormwatar Manual; and WHEREAS, the Stormwatar Facilities beneFt said Property and are used by OWNER; and WHEREAS, the Property benefits and uses the Stormwatar Facilities, which era described in Exhibit "B"; and WHEREAS, it is the desire of the City and the responsibility of the Owner that Maintenance of said Stormwatar 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 sat 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 Stormwatar 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 Stormwatar 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 Stormwatar Facilities, routine upkeep and repair of the Stormwatar 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 'I.i) through 'I .iii). i) The Owner shall inspect the Stormwatar Facilities after all major storms. In addition, the Owner shall inspect the Stormwatar 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 Stormwatar 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 neM anticipated rain event. Interim water quality control measures shall be utilized to protect damaged or deficient Stormwatar 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 par year. To the satisfaction of the Director of Engineering Services, the Owner shall ensure that the Stortnwater Facilities are in proper working order for the rainy season, which starts on October 'I . ii i) The Owner shall obtain the City of Encinitas Stormwatar Inspection Report form from the City website or the City of Encinitas Civic Canter, 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 Stormwatar Facilities, identify deficiencies, and repair and correct all deficiencies. Tha inspection report shall ba submitted to the City once a year between August 1 antl 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, assig Hess, 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, inclutling 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 ba constructed by and have Maintenance pertormed by the Owner in accordance with the terms and conditions of this agreement and the plans and specifications identified in approved Gradinc Plan Number LOEV-O'13020- 2020 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 avant the Property is subdivided in the future, the owners, heirs, assigns, and successors in interest of each such newly created parcels) shall be liable under this Agreement for their then pro rate share of expenses reflecting such newly createtl parcels. 6) The Maintenance to ba pertormatl 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 tl rainage structures; removing debris, sediment, oll, 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; antl 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 inclutle 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 Maintana nca 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. t3) 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 attorneys 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 harness 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. 'I O)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. 'I t)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 4S hour notice whenever the City deems necessary. The purpose of inspection is to evaluate the condition and pertormance 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)In 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, pertorms work of any nature, or expends any funds for attorneys fees, administrative costs, contractors, employees, consultants, materials, or other costs in the pertormance 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 attorneys 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 R¢corder of San Diego County an assessment lien on the Prop¢rty. 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 farms of this Agreement may be amended in writing following Owner's request and upon written approval by the City Engineer. �4)This Agreement shall be governed by the laws of the State of California. In th¢ 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: Kevan P. MCLau9 n, TR✓s'r'F.� Data ///J�— 1. /Z Zl ZoZ( K Ily J. MCLaughlin� TfZ..+SrE6 Data Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CITY OF ENCINITAS: �/zj �Z� it T. Bankston Data %10n+✓G erirtr City Engineer D¢velopment Services Department City of Encinitas CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A potary public or other ofti[er completi ng this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, antl not the truthfulness, accuracy. or validity of that document. Staie of CalCif�orn is Coun-t-yTof Ss7 [!t�O ! w, On VLL�ali 2�. 202I before me, �Y A✓Y�i L� Lla..Ji S I Vo'�Vrz� �K�) iC Oo[e Here /nsert Nam¢ and TIt/e of t/ra O{Pcer personally appeared �( �� T- �Qh4�-/�ar� Nome(s) of Signers) who proved to me on the basis of satisfactory evidence to be tM1e persons) whose names) is/are subscribed to the within instrument and acKnowledged to me that he/she/they executed the same in his/M1er/their authorized capacity(les), antl that by his/her/tM1eir signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the Instrument 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. eRPNDI L. LEWIS notary vunnc-canmrnia WITNESS my hand and official seal. = sa or�so ceunvv _� 7 � Commlzslon p 3N268R - MY Eemm. Eip6es May t4. 2D22 Signature �� ��� Place Norory Seo/ and/or stump Above Signofure of Not ubi/c Comp/e ting thfs lnformat/on con deter o/[ero[lon of the document or fiaudu/en[ reattochmeni of this form [o on unintended document. Oascriptton of Attacltetl Oocumen! Title or Type of Document �orr.+cwac�-1¢.r (-%lea: rt.ler.a.-�u S �b)I.a.-t'lw� %S"SYc+�.+v,.-. i" Document Date: Number of Pages: Signers) Other Then Named Above: Capacity(ies) Claimed by Signers) Signer's Name: D Corporate Officer — Titte(s): O Partner— D Limited D General D Individual D Attorney In Fact D Trustee D Guardian or Conservator D Other: Signer is Representing:G �vac:�.�.iv5 Signer's Name: U Corporate OffCer — Title(s): D Partner— D Lim{fed D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer is Representing: +Tiee3w3c3eSHit#wSiNA'Kfiatt[llafHSRfWtV3NiafiNWLSF ®20t9 National Notary Assodatlon 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 validit of that document. State of California County of San Dleg0 � On June 22, 2021 before me, Anne E. Wenger, notary public (insert Hama and title of the officer) personally appeared Kevan P. McLaughlin who proved to me on the basis of satisfactory evidence to be the persons) whose nama(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/herttheir signatures) on the instrument the person(s), ar the entity upon behalf of which the persons) acted, executed the instn�ment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANNE E. WENGER COMM. # 2235352 i WITNESS my hand and official seal. ��Tspniu Disco couiaFr x�p =' ///,/'')t, �/��y// //�('/p���(� Comm. Exp. APRIL'19, 2022 Signature i�'2.� ��" '� '� " `� `�� (Seal) 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 validit of that document. State of Califomia County of San Diego ) On June 22, 2021 before me, Anne E. Wenger, notary public (insert name and title of the officer) personally appeared Kelly J. McLaughlin who proved to ma on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowletlgetl to me that ha/she/they executed the same in his/her/their authorized capacity(ias), and that by his/her/their sign ature(s) on the instrument the parson(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANNE E. WENGER WITNESS my hand and official seal. s T OMM. # 2235352 pp sniu oiE�o co�HivR��� Comm. Exp. APRIL t9, 2022 3 / / � ///,per Signature (�� ii"� (/ri�� (Saalj EXHIBIT "A" LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Encinitas, County of San Diego, State of California, described as follows: AlL THAT PORTION OF LOT 11, BLOCK 8 OF SOUTH COAST PARK, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP THEREOF NO. 1776, IN THE OFF[CE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. BEGINNING AT A POINT IN THE CENTER LINE OF HYMETTUS AVENUE DISTANT THEREON NORTH iS� 43' 30" WEST 2589.76 FEET (RECORD - 2590.01 FEET) FROM ITS INTERSECTION WITH THE CENTER LINE OF FULVIA STREET AS SHOWN ON SAID MAP NO. 1776; THENCE SOUTH 74� 16' 30" WEST A DISTANCE OF 282.89 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 11; . THENCE ALONG SAID WESTERLY LINE OF LOT 11 NORTH 00� 15' SJ" EAST (RECORD -NORTH DO^ 14' EAST) A DISTANCE OF 156.02 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 11; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 11, AND ITS EASTERLY PROLONGATION, NORTH 74^ 16. 30" EAST A DISTANCE OF 239.94 FEET (RECORD - 240.23 FEET) TO A POINT IN THE CENTER LINE OF HYMETTUS AVENUE; THENCE ALONG THE SAID CENTER LINE OF HYMETTUS AVENUE SOUTH 15� 43' 30" EAST A DISTANCE OF 149.99 FEET (RECORD - 150.00 FEET) TO THE POINT OF BEGINNING. APN: 2S4-262-OS-00 STORM WATER MAINTENANCE AGREEMENT EXHIBIT 'B-1' 1212 HYM ETTUS AVENUE - ENCINITAS, CA 2"HARDWOOD MULCH/GRASS //��''�ROUGHT TOLERANT pL COVER OR GITYAPPR�� / PLANTS (TYP.) � I EpUIVALENT / 3ORSO C-3 SDRSO G4 RETAINING WALL RETAINING WALL i 8MP <t^AND 6" NOT TO SCALE "SEE BMP NOTES NEXT PAGE VOID FILLER -}"TO g'"MO.BJ MIN. j "OVO/OAVERS W/ AGGREGATE IN VOlOS a"X fe"PCC FLVSH CURB OR DEEPENED G-f CURB BEDDING COURSE-2"THICK OFF' TO y°' (NO.B) AGGREGATE CHOKER COURSE4"THICK 4 — — OFtT TOE"(N0.5T) CRUSHED ROCK —� MIN. 6"THICK OFF°"CRUSHED ROCK SOIL SUBGRADE NOTE.' -ALLAGGREGATE MUSTBECLEANhVASHED ANO FREE OF F1NE5 (6AND. SILT. ETC.) -THE PAVERS SHALL NOT BE SEALED ONCE THE VOID F/LEER HAS BEEN ADDED -EACH COURSE SHALL BE VlBRATORYCOMP4CTE0 BEFORE PLACEMENT OF NEXT' COURSE -NO IMPERNOUS LINER OR FILTER FABR/C IS TO BE USED SPECIALAPPROVAL ftEQU/RED FOR USE IN HIGHLY EXPANSIVE SOIL - SUBDRAIN MAY BE REOU/RED •'CONSTRUCTION NOTE: -PAVERS TO BE COVERED AND PROTECTEOOUR/NG CONSTRUCTION B" AO BERM 0.33' QEiOF ESS/ON � �CHAEL �! ��� ���� � m No. 7165t o m �' Exp. 12/31 /27 � � 1� sr cN 1� �°' A� OF CA7-�F� PASCO LARET SUITER �«��®��Q��e� San Diego I Solana Beach 1 Orange County Phone 858259.8212 I www.plsaengineeringcom ;► �i; /� 2"HARDWOOD COVER OR � STORMWATER MAINTENANCE AGREEMENT EXHIBIT 'B-2' '12'12 HYMETTUS AVENUE - ENCINITAS, CA BMP"D" DMA4 B,Bt5 SF BMPI"B" DMA2 6,995 SF � _ w o N � I < DMA4 DMA'I a x t4,338 SF 6 460 SF BMP "A" d I BMP "C" EpUIVALENT RETAINING WALL '12" LAVER ENGINEERED SOIL 'SEE NOTE BELOW PARKING I I O 40 SO SCALE: '1 "=40' OVERFLOW PIPE LAYER OF 3/8" GRAVEL o rvrr a.. .-yrv✓ ✓ oca.. r rvry NOT TO SCALE _ BIORETENTION "ENGINEERED SOIL" LAYER SHALL BE MINIMUM 24" DEEP "SANDY z m Exp o12�31 �2'I LOAM^ SOIL MIX WITH NO MORE THAN 546 CLAY CONTENT. THE MIX SHALL CONTAIN 65h SAND. �5'h COMPOST OR HAROWOORD MULCH, AND 20% TOPSOIL, FREE OF STONES, STUMPS, ROOTS, OR SIMILAR OBJECTS,AND ALSO FREE OF NOXIOUS sT CIVI�- WEEDS. THE EFFECTIVE AREA OF THE BASIN SHALL BE LEVEL. "q�F' ..- _...cGR PASCO LARET SUITER � �a��®�un��� San Diego I Solana Beach I Orange County Phone 856.259.8212 I www. plsaengineering.com INF-2 Bioretention BMP MAINTENANCE FACT SHEET FOR STRUCFURAL BMP INF-2 BIORETENTION Bloretentien (bloretention without untlerdrain) facilities are vegetated surtace water systems that filter water through vegetation and soil, p engineered metlla prior tp infiltrating into native soils. Bioretention facilities a deslgn¢d to infiltrate tM1e full design capture volume (DN) iniq native soils. They have no untlertlrain, and no impermeable Ilner. ryplcal bloretentfon components include: • Inflow distribution mechanisms(e.g., perimeter flow spreader or filter stFlps) • Energy dissipation mechanism for conc¢ntratetl inflows (e.g., splash blocks or riprap) • Shallow surtace pontling for capturetl flows • Side slope antl basin bottom vegetation selected basetl on climate and pontling tlepth • Non -floating mulcM1 layer • Media layer (planting mix or engineered m¢tlia) capable of supporting vegetation growth • Filter course layer consisting Of aggregate tp prevent tM1e migration of fines into uncompacietl naiiv¢ soils Or She optional aggregate storage layer • Optional aggregate storage layer for atldiilonal Inflltraiion storage • Uncompatted native soils aY the bottom of the facility • Overflow strutture Normal Expected Maintenance Bioretention requires rouxine maintenance m: r mulcted materials such a sediment, trash Or debris; mainTaln vegetation healiM1; maintain infiltration capacityuof tM1e metlla layer; replenish mulcM1; and maintain integrity Of sitle slopes, inlets, ¢ ergy dissipaters, and outlets. A summary xable of standard insp¢ttlon and maintenance tntlicators is provided wi<M1in this Fact 9heM. NonS[antlartl Maintenance Or BMP Failure If any of [he Followings pbserv¢tl, [he BMP is not performing as intended to protect downsTream waterways from pollutloneantl/or erosion. Corrective meln[ena nce, Increased inspection and maintenance, BMP replacement, Or a different BMP type will be required. • TM1e BMP i not drained between storm events. Surface ponding longer Yhan approximately 24 hours following a storm event Tay b¢ tletrimental t0 vegetation healeh, and surface ponding longer than approximately 96 M1qurs following a storm event poses a risk of vector (mosquito) breeding. Poor drainage suN from clogging of tM1e metlla IaYer, filter course, aggregate storage layer, und¢rlying native soils, oar outlet structure. The specific cause of the drainage Issue must be determined and c ¢ctetl. If it is determined that tM1e untlerlying native soils M1ave been compatted or do not have the infiltration capacity ¢xpec<¢d, [h¢ [Ctty Engineer] shall be coniactetl prior to any atltlitiOnal repairs or reconstruction. • Sediment, trash, or tl¢bris a mutation greater than 25% of the surtace ponding volume wl[M1ln one pntM1. This m s tM1e load from tM1e tributary drainage a s coo high, reducing BMP function or clogging the BMR TM1is would require preTreaiment m witM1in [M1e tributary a a draining <o tM1e BMP to intercept the materials. Pretreatment components, tespecially for sediment, will extend the life of components tM1at are more exp¢nsive tp r¢plac¢ sucM1 as metlla, filter course, and aggregate layers. INF-2 Page 1 of 11 January 12, 201J 1 N F-2 Bioretention Erosion tlue to c entrat¢tl storm water r noff flow that is no[ readily c r¢cted by adding e ontrol blank¢ts, adtling ston¢ at flow entry points, o minor re -grading to r¢store proper tlrainage a¢ording Yo She original plan. IF the issue is not corrett¢d by restoring the 6MP to th¢ original plan and grade, the [City Engineer] shall be contacted prior to any additional repairs or remnstrualon. O[h¢r gp¢cial considerations Bioretention is a vegetated structural BMP. Vegetated structural BMPs that are constructed In the vicinity of, o eccetl to, an exis[Ing Jurisdictional water or wetland could Inadvertently result in c ¢anon of expanded waters wetlands. As such, vege[at¢tl structural BMPs have the potential [o c under the Jurisdiction of the United States Army Corps of Engineers, SDRWCtCB, California OepartmenY of Fish and Wildlife, or the Unl[etl States FISM1 and Wildlife Service. This coultl r suit in the need for specific resource agency permits and costly mitigation xo perform maiMenanc¢ of the s[eructu ral BMP. 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