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Storm Water Manangement Facilities Maintenance Agreement 2016-0553153RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 APN: 314 - 370 -38 DOC# 2016- 0553153 II II I II I III II II I I I I II I II I III i III. Oct 14, 2016 08:07 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES 572.00 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT Pomerado Road (G 16 -0002) PAGES 20 The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between the Property Owner, New Pointe Investment 31, LLC., (hereinafter referred to collectively as "OWNER ") and the City of Poway (hereinafter referred to as "CITY ") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described as Parcel 1 of Parcel Map 19201, as filed in the County of San Diego, State of California (hereinafter referred to as the "PROPERTY "), which is being developed into a ten lot subdivision with ten single family residence, in accordance with applications for Tentative Tract Map 08 -01 and Grading Permit Number G16 -0002, which are on file with the CITY. This Agreement is required as a condition of approval for such development. WHEREAS, in accordance with the City of Poway's Stormwater Management and Discharge Control Ordinance, Poway Municipal Code, Chapter 13 and 16 (the " Stormwater Ordinance "), the City of Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading Ordinance and /or other ordinances or regulations of CITY which regulate land development and urban runoff, OWNER has proposed that storm water runoff from the PROPERTY be managed by the use of the following Storm Water Management Facilities which are identified as "Best Management Practices" or "BMPs ": Five biofiltration basins located throughout the project site. The precise location(s) and extent of the BMPs are indicated in the approved Storm Water Quality Management Plan, dated July 2016, and on the approved grading plans on file with CITY's Development Services Department as G16 -0002. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness are as set forth in the Operation and Maintenance Plan (hereinafter "O &M PLAN "), which is attached hereto and incorporated herein as Exhibit "C." Because additional impervious area may require the addition of or alteration of storm water management areas and strategies, no impervious area may be added to the project site without prior approval from the City Engineer. Additional impervious area includes, but is not limited to, patio covers, hardscape improvements, and building additions. WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon by CITY in approving OWNER's development applications. It is the purpose of this Agreement to assure that the BMPs are maintained, by creating obligations that are enforceable against the OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these obligations be enforceable notwithstanding other provisions related to BMP maintenance that are provided by law. NOW, THEREFORE, for consideration of (a) CITY's approval of the above development applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS FOLLOWS: Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and its successors in interest, to all or any portion of the PROPERTY, to comply in all respects with the requirements of the Stormwater Ordinance with regards to the maintenance of BMPs, and in particular agrees to perform, at its sole cost, expense and liability, the following "MAINTENANCE ACTIVITIES ": all inspections, cleaning, repairs, servicing, maintenance and other actions specified in the O &M PLAN, with respect to all of the BMPs listed above, at the times and in the manner specified in the O &M PLAN. OWNER shall keep records of this maintenance and provide copies of such records and annual certification of maintenance as requested by CITY. OWNER shall initiate, perform and complete all MAINTENANCE ACTIVITIES at the required time, without request or demand from CITY or any other agency. OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include replacement or modification of the BMPs in the event of failure. Replacement shall be with an identical type, size and model of BMP, except that: (a) The City Engineer may authorize substitution of an alternative BMP if he or she determines that it will be as effective as the failed BMP; and (b) If the failure of the BMP, in the judgment of the City Engineer, indicates that the BMP in use is inappropriate or inadequate to the circumstances, the BMP must be modified or replaced with a more effective BMP to prevent future failure in the same or similar circumstances. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on which any of the above BMPs are located, or any lot or portion of the PROPERTY which is served by the above BMPs, and also prior to transferring ownership of any such BMP, provide clear written notice of the above described maintenance obligations to the transferee. 3. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, but not the obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES if, in the CITY's sole judgment, OWNER has failed to perform the same. Such maintenance by the CITY shall be conducted in accordance with the nuisance abatement procedures set forth in Poway Municipal Code Chapter 8.72. In the case of maintenance performed by the CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole election. It is recognized and understood that the CITY makes no representation that it intends to or will perform any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing maintenance obligations under this agreement. If CITY elects to perform any of the MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as the agent of the OWNER and said work shall be without warranty or representation by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER "as is ", and shall be SWMFMA 10 Lot (G16 -0002) Page 2 covered by OWNER's indemnity provisions below. If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of the responsible parties pursuant to the procedures set forth in Poway Municipal Code Chapter 8.72. 4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over, under and across those portions of PROPERTY described in Exhibit "A" and shown in Exhibit "B ", for purposes of accessing the BMPs, inspecting the BMPs, and performing any of the MAINTENANCE ACTIVITIES specified in Paragraph 1 above. CITY shall have the right, at any time and without prior notice to OWNER, to enter upon any part of said area as may be necessary or convenient for such purposes. OWNER shall at all times maintain the PROPERTY so as to make CITY's access clear and unobstructed. 5. Administration of Agreement for CITY. CITY hereby designates the City Engineer as the officer charged with responsibility and authority to administer this Agreement on behalf of CITY. Any notice or communication to the City related to the implementation of this Agreement shall be addressed to: City Engineer City of Poway 13325 Civic Center Drive Poway, CA 92064 6. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors in interest shall defend and indemnify CITY and the employees and agents of CITY (collectively "CITY PARTIES "), against any and all claims, demands, liability, judgments, awards, fines, mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "CLAIMS "), related to this Agreement and arising either directly or indirectly from any act, error, omission or negligence of OWNER, OWNER's successors, or their contractors, licensees, agents, servants or employees, including, without limitation, claims caused by the concurrent negligent act, error or omission, whether active or passive, of CITY PARTIES. OWNER shall have no obligation, however, to defend or indemnify CITY PARTIES from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of CITY PARTIES. Nothing in this Agreement, CITY's approval of the development application or plans and specifications, or inspection of the work is intended to acknowledge responsibility for any such matter, and CITY PARTIES shall have absolutely no responsibility or liability therefore unless otherwise provided by applicable law. 7. Allocation of Costs. Following the sale or transfer of any of the individual residential lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally by all lot owners, and paid by each lot owner or his or her heirs, assigns and successors in interest. This requirement shall be binding on all lot owners in the subdivision, and each shall be responsible for his or her equal share of the cost associated with the maintenance. SWMFMA 10 Lot (G16 -0002) Page 3 8. Agreement Binds Successors and Runs With the PROPERTY. It is understood and agreed that the terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROPERTY (including the interest of CITY or its successors in the easement granted herein). It is the intent of the parties hereto that this Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have consented to and become bound by all the provisions hereof. 9. OWNER's Continuing Responsibilities Where Work Commenced or Permit Obtained. Notwithstanding any other provision of this Agreement, no transfer or conveyance of the PROPERTY or any portion thereof shall in any way relieve OWNER of or otherwise affect OWNER's responsibilities for installation or maintenance of BMPs which may have arisen under the ordinances or regulations of CITY referred to in this Agreement, or other federal, state or CITY laws, on account of OWNER having obtained a permit which creates such obligations or having commenced grading, construction or other land disturbance work. 10. Amendment and Release. The terms of this Agreement may be modified only by a written amendment approved and signed by the Director of Development Services acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This Agreement may be terminated and OWNER and the PROPERTY released from the covenants set forth herein, by a release, which CITY may execute if it determines that another mechanism will assure the ongoing maintenance of the BMPs or that it is no longer necessary to assure such maintenance. 11. Governing Law and Severability. This Agreement shall be governed by the laws of the State of California. Venue in any action related to this Agreement shall be in the Superior Court of the State of California, County of San Diego. OWNER hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. 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 WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: New Pointe Investment 31, LLC _ C By: Date: cot S dstrom Mana ember (Signature Must Be Notarized) SW MFMA 10 Lot (G 16 -0002) Page 4 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 .�,, On T�� (.� before me, T. OC" 1 A(�,� �t ►-�k Date Here Insert Name and Title of the Officer J— personally appeared S �) iVa t) Ji SiNvu(Y1 Name(s) of Signer(s) 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. MDNICA I. MARTINEZ Commission M 2115964 Z _: Notary Public - California > i San Diego County M Comm. Expires Jun 18, 2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature — 1'1(- to Signature of Notary Publi6 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited J General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CITY OF POWAY: Robert . Manis Director of Development Services APPROVED AS TO FORM: Office of the City Attorney — WkUAkl &��4RZ -6 organ L. Foley, dty Attorney Attachment 1. Certificate of Acceptance Date: ` `jo APPROVED AS TO CONTENT: Engineering iv sion Steven Crosby, P.E. City Engineer M: \engserv\Land Development Projects\2016 \G16 -0002 10 -Lot Subdivision \SWFMA.docx SWMFMA 10 Lot (G16 -0002) Page 5 CERTIFICATE OF ACCEPTANCE (Storm Water Management Facilities Maintenance Agreement) This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in Item 4 of the attached document dated A itA ws L y ,1wi , from New Pointe Investment 31 LLC, to the City of Poway, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981. Dated: D / D CITY OF POWAY Seal: 1N THE i By: cNqKcy KZi , CIVIC City Clerk SWMFMA 10 Lot (G16 -0002) Page 6 EXHIBIT "A" LEGAL DESCRIPTION THOSE PORTIONS OF PARCEL 1 OF CITY OF POWAY PARCEL MAP 01 -04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 19201, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 03, 2003, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: PARCEL "A" COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY BOUNDARY THEREOF SOUTH 01'02'53" WEST, 190.91 FEET (SOUTH 01 °03'41" WEST PER SAID PARCEL MAP) TO THE TRUE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A NON - TANGENT 112.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 01 054'34" EAST; THENCE LEAVING SAID WESTERLY BOUNDARY EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17 037'50" A DISTANCE OF 34.46 FEET; THENCE SOUTH 70 027'36" EAST, 31.48 FEET TO THE BEGINNING OF A 200.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32 022'09" A DISTANCE OF 112.99 FEET; THENCE SOUTH 38 005'27" EAST, 84.47 FEET TO THE BEGINNING OF A 112.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41 001'58" A DISTANCE OF 80.21 FEET: THENCE SOUTH 02 056'32" WEST, 35.47 FEET; THENCE SOUTH 87 003'28" EAST, 7.50 FEET; THENCE SOUTH 02 056'32" WEST, 23.40 FEET TO THE BEGINNING OF A 26.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18 017'49" A DISTANCE OF 8.30 FEET; THENCE SOUTH 15 021'17" EAST, 53.17 FEET TO THE BEGINNING OF A 154.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 032'15" A DISTANCE OF 44.45 FEET TO THE BEGINNING OF A REVERSE 92.50 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 88 049'02" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05 041'34" A PAGE 1 OF 6 :RO M:\2606 \37 \Legal Descriptions\A02 Drainage Access Esmt.docx WO 2606 -0037 10/10/16 DISTANCE OF 9.19 FEET TO THE BEGINNING OF A REVERSE 744.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 85 029'24" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17 °20'33" A DISTANCE OF 225.35 FEET TO THE BEGINNING OF A COMPOUND 7.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 77 010'03" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 80 006'34" A DISTANCE OF 10.49 FEET; THENCE NORTH 87 003'28" WEST, 12.50 FEET; THENCE NORTH 02 056'32" EAST, 235.08 FEET TO THE BEGINNING OF A 130.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18 017'49" A DISTANCE OF 41.51 FEET; THENCE NORTH 15 021'17" WEST, 53.17 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18 017'49" A DISTANCE OF 15.97 FEET, NORTH 02 056'32" EAST, 23.40 FEET; THENCE SOUTH 87 003'28" EAST, 4.50 FEET; THENCE NORTH 02 056'32" EAST, 35.47 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41 001'58" A DISTANCE OF 71.62 FEET; THENCE NORTH 38 005'27" WEST, 84.47 FEET TO THE BEGINNING OF A 188.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32 022'09" A DISTANCE OF 106.21 FEET, THENCE NORTH 70 027'36" WEST, 31.48 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17 031'38" A DISTANCE OF 30.59 FEET TO A POINT ON SAID WESTERLY BOUNDARY; THENCE ALONG SAID WESTERLY BOUNDARY NORTH 01 002'53" EAST, 12.00 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.325 ACRES, MORE OR LESS. PARCEL "B" COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY BOUNDARY THEREOF SOUTH 02 007'37" WEST, 51.56 FEET (NORTH 02 °08'45" PAGE 2OF6 RO M:\2606 \37 \Legal Descriptions\A02 Drainage Access Esmt.docx WO 2606 -0037 10/10/16 EAST, 51.56 FEET PER SAID PARCEL MAP), NORTH 87 °52'23" WEST, 8.00 FEET; THENCE SOUTH 02 007'37" WEST, 12.71 FEET TO A POINT ON THE NORTHERLY SIDELINE OF THAT CERTAIN TRAFFIC SIGNAL APPURTENANT ACCESSORIES EASEMENT DEDICATED TO THE CITY OF POWAY PER SAID PARCEL MAP AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY SOUTH 02 007'37" WEST, 66.00 FEET TO A POINT ON THE SOUTHERLY SIDELINE OF SAID TRAFFIC SIGNAL EASEMENT; THENCE LEAVING SAID EASTERLY BOUNDARY ALONG THE SOUTHERLY SIDELINE OF SAID EASEMENT NORTH 87 051'43" WEST, 13.00 FEET; THENCE NORTH 02 007'37" EAST, 10.00 FEET; THENCE NORTH 87 °51'43" WEST, 19.79 FEET; THENCE LEAVING SAID SOUTHERLY SIDELINE SOUTH 01 047'19" WEST, 104.51 FEET TO THE BEGINNING OF A NON - TANGENT 7.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 01 047'19" EAST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 000'00" A DISTANCE OF 11.78 FEET; THENCE SOUTH 01 047'19" WEST, 187.89 FEET; THENCE SOUTH 09 002'54" WEST, 47.43 FEET TO THE BEGINNING OF A 7.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 000'00" A DISTANCE OF 11.78 FEET; THENCE NORTH 80 057'06" WEST, 12.50 FEET; THENCE NORTH 09 002'54" EAST, 19.28 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 027'28" A DISTANCE OF 9.13 FEET; THENCE NORTH 01 024'34" WEST, 81.67 FEET TO THE BEGINNING OF A 40.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 032'40" A DISTANCE OF 7.36 FEET; THENCE NORTH 11 057'14" WEST, 73.96 FEET TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88 021'58" A DISTANCE OF 15.42 FEET TO THE BEGINNING OF A REVERSE 22.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 13 035'11" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 74 037'30" A DISTANCE OF 28.65 FEET; THENCE NORTH 01 047'19" EAST, 25.24 FEET; THENCE SOUTH 88 012'41" EAST, 4.50 FEET; THENCE NORTH 01 047'19" EAST, 104.59 FEET TO A POINT ON THE SOUTHERLY SIDELINE OF SAID TRAFFIC SIGNAL EASEMENT; THENCE ALONG SAID SOUTHERLY SIDELINE NORTH 87 051'43" WEST, 40.49 PAGE 3OF6 :RO M:\2606 \37 \Legal Descriptions\A02 Drainage Access Esmt.docx WO 2606 -0037 10/10/16 FEET; THENCE NORTH 81'59'27" WEST, 51.66 FEET TO THE BEGINNING OF A NON - TANGENT 217.50 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 02 031'24" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 °34'46" A DISTANCE OF 40.16 FEET; THENCE NORTH 76 053'50" WEST, 18.78 FEET; THENCE LEAVING SAID SOUTHERLY SIDELINE SOUTH 50 055'54" WEST, 38.23 FEET; THENCE SOUTH 01'02'41" WEST, 133.79 FEET TO THE BEGINNING OF A 569.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 006'01" A DISTANCE OF 189.68 FEET; THENCE SOUTH 20 °08'41" WEST, 100.00 FEET TO THE BEGINNING OF A 219.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28 025'08" A DISTANCE OF 108.62 FEET TO THE BEGINNING OF A NON - TANGENT 52.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 50 009'15" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28 048'16" A DISTANCE OF 26.14 FEET; THENCE SOUTH 11 °02'29" EAST, 13.40 FEET TO THE BEGINNING OF A NON - TANGENT 7.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 11 002'29" WEST. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 000'00" A DISTANCE OF 11.78 FEET; THENCE SOUTH 11 002'29" EAST, 100.17 FEET TO THE BEGINNING OF A 22.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 62 024'12" A DISTANCE OF 24.51 FEET; THENCE SOUTH 51 021'43" WEST, 13.45 FEET; THENCE NORTH 11 002'29" WEST, 133.84 FEET; THENCE NORTH 78 057'31" EAST, 4.50 FEET, THENCE NORTH 11 002'29" WEST, 13.40 FEET TO THE BEGINNING OF A 40.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28 047'54" A DISTANCE OF 20.11 FEET TO THE BEGINNING OF A NON - TANGENT 219.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 38 017'48" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 030'56" A DISTANCE OF 74.59 FEET TO THE BEGINNING OF A REVERSE 23.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 18 046'51" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF PAGE 4OF6 RO W\2606 \37 \Legal Descriptions\A02 Drainage Access Esmt.docx WO 2606 -0037 10/10/16 44 009'04" A DISTANCE OF 17.72 FEET TO THE BEGINNING OF A REVERSE 43.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 62 055'55" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 130 018'20" A DISTANCE OF 97.79 FEET; THENCE NORTH 87 003'28" WEST, 133.52 FEET; THENCE SOUTH 00 004'47" WEST, 5.51 FEET TO THE BEGINNING OF A 5.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 017'47" A DISTANCE OF 1.86 FEET; THENCE SOUTH 21 013'01" EAST, 50.80 FEET TO THE BEGINNING OF A 23.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55 004'04" A DISTANCE OF 22.11 FEET; THENCE SOUTH 33 051'04" WEST, 22.16 FEET; THENCE NORTH 21 013'01" WEST, 149.62 FEET TO THE BEGINNING OF A 26.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64 014'16" A DISTANCE OF 29.15 FEET; THENCE NORTH 43 001'15" EAST, 14.77 FEET; THENCE SOUTH 21 °13'01" EAST, 69.95 FEET TO THE BEGINNING OF A 5.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43 046'26" A DISTANCE OF 3.82 FEET; THENCE SOUTH 64 059'26" EAST, 7.69 FEET; THENCE SOUTH 87 003'28" EAST, 130.41 FEET TO THE BEGINNING OF A NON - TANGENT 43.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 84 010'08" EAST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 129 058'30" A DISTANCE OF 97.55 FEET TO THE BEGINNING OF A REVERSE 23.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 34 008'38" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55 023'49" A DISTANCE OF 22.24 FEET TO THE BEGINNING OF A COMPOUND 178.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 21 015'11" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48 036'08" A DISTANCE OF 150.99 FEET; THENCE NORTH 20 008'41" EAST, 100.00 FEET TO THE BEGINNING OF A 528.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 °06'01" A DISTANCE OF 176.01 FEET; THENCE NORTH 01 °02'41" EAST, 153.44 FEET; THENCE NORTH 37 035'44" WEST, 30.84 FEET TO A POINT ON THE SOUTHERLY SIDELINE OF THAT CERTAIN WATER LINE AND SEWER PAGE 5 OF 6 :RO M: \2606 \37 \Legal Descriptions\A02 Drainage Access Esmt.docx WO 2606 -0037 10/10/16 LINE EASEMENT DEDICATED TO THE CITY OF POWAY PER SAID PARCEL MAP; THENCE LEAVING SAID SOUTHERLY SIDELINE NORTH 13 006'10" EAST, 35.00 FEET TO A POINT ON THE NORTHERLY SIDELINE OF SAID WATER LINE AND SEWER LINE EASEMENT; THENCE ALONG SAID NORTHERLY SIDELINE SOUTH 76 053'50" EAST, 110.29 FEET TO THE BEGINNING OF A 182.50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 031'55" A DISTANCE OF 33.55 FEET; THENCE NORTH 85 °46'46" EAST, 51.60 FEET; THENCE SOUTH 87 051'43" EAST, 72.29 FEET; THENCE NORTH 02 °07'37" EAST, 10.00 FEET; THENCE SOUTH 87 °51'43" EAST, 13.00 FEET TO SAID EASTERLY BOUNDARY AND THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.427 ACRES, MORE OR LESS. --7Z" DOUGLAS B. S ROUP P.L.S. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. NOTE: THIS DOCUMENT IS PRELIMINARY UNLESS SIGNED. PAGE 6OF6 RO M:\2606 \37 \Legal Descriptions\A02 Drainage Access Esmt.docx WO 2606 -0037 10/10/16 LAND S�\ J OJT �O A 0 9 L.S. 8553 O 1F��� ~�' F CAS \tio EXHIBI T "B " EASEMENT AREA so SITE 0 a 15 CASA AVENIDA 41111110111110 NO�TF N VICINITY MAP NOT TO SCALE T l7fn3 rTn. ®INDICATES ACCESS EASEMENT. PARCEL "A "= 0.325 ACRES PARCEL 'B "= 1.427 ACRES TOTAL EASEMENT AREA= 1.752 ACRES - - - - -- INDICATES SHEET LIMITS. (SEE SHEET 2) F3 INDICATES SHEET NO. (SEE SHEET 2) P.O.C. INDICATES POINT OF COMMENCEMENT. T.P.O.B. INDICATES TRUE POINT OF BEGINNING. () INDICATES RECORD DATA PER PM 19201. m HUNSAKER ZA & ASSOCIATES SAN DIEGO, INC. 9707 Wapies Street (858)558 -4500 San Diego, CA 92121 APNs: 314 - 370 -38 1329\ &Map SHEET 1 OF 6 EASEMENT LEGEND: 0 INDICATES WATER LINE AND SEWER LINE A EASEMENT DEDICATED TO THE CITY OF POWAY PER PM 19201. AINDICATES PEDESTRIAN ACCESS B EASEMENT DEDICATED TO THE CITY OF POWAY PER PM 19201. QINDICATES EASEMENT DEDICATED TO THE A CITY OF POWAY FOR TRAFFIC SIGNAL APPURTENANT ACCESSORIES PURPOSES PER PM 19201. LAND S�\ B. J oC� BOG OA p -o L.S. 8553 s9T� O 1F���~� /O /D ZO F CAk DOUGLA B. STRO L.S. 8553 NOTE: THIS DOCUMENT IS PRELIMINARY UNLESS SIGNED CITY OF POWAY ACCESS EASEMENT Drainage Access \EP DRA /N ACCESS ESMT SHT 01.dwgJ700 -10- 2016:13:50 W.O. Dro wn By: Dote: 1011012016 EXHIBIT "B " EASEMENT AREA SHEET 2 OF 6 PJW 19201 5 PARCF'L 1 Q - - - --L I I I FM 4 335 P.O.C. PARCEL "B" I PARCEL "A" T.P.O.B. I \ _ _ RCEL B" PARCEL BA" I PM 19701 I I I PARCE 1 1 PCL , I I 99B PCL "A" � I I I4 - - - -T- ------ - - - - -- I I I I I I I I I L - - -- I-- - - - - -- J I I I I I I — — — — - - -� PCL "B" I° I I I I I I I I L------- -- --------- ROS 1 1-6820 � 'hk -- I HUNSAKER 0 200 400 600 & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558 -4500 SCALE 1' =200' San Diego, CA 92121 Drawn By: APNs: CITY OF POWA Y Date: 911512016 314 - 370 -38 ACCESS EASEMENT RA 1329 \ &Map \ Easements \ Drainage Access \ EP DRAIN ACCESS ESMT wa X17 EXHIBIT "B 55 SHEET 3 OF 6 EASEMENT AREA P,4 R 1fr I 2 i N'LY BOUNDARY OF OF PARCEL 1 P.O.C. - ��- - - - - -- — - -_ �,� PARCEL 'A" - - _ - — — ' NW CDR. f -------------------- - - - - -� PARCEL 1 PM 19201 - B — WL'Y BOUNDARY OF PARCEL 1 � � CO 00 WW � `n 00 00 ?Z T.P.O.B. PARCEL "A" ww A �I l Z� '6V Pj \il I JS J 1 P /-1 RCE I I PARCEL V. v 019. 70' �- c��n�p6, II o 3 W I, NOCT -t o Cp N 180 _oN O Z cn o Pj \il I JS J 1 P /-1 RCE I I PARCEL V. APNS: CITY OF POWA Y 314- 370 -38 ACCESS EASEMENT R.- \1329 \&Map \Easements \Drainage Access \EP DRAIN ACCESS ESMT SHT 03.dwgj7Sep -15- 2016:14:38 W.O. 2606 -0037 to W W NO2 °56'32 'E 35.47' N87'03'28 "W 7.50' NO2 °56'32 "E 23.40' SEE SHEET 4 Dro wn By Date: 911512016 v 70' �- �O C5 9'0) NOCT -t o Cp 0 60 120 180 _oN cn o 00 12 SCALE V =60' NO2 °56'32'E 35.47' HUNSAKER N87 °0328 'W 4.50' & ASSOCIA.TES SAN DIEGO, INC. NO2 °56'32 'E 23.40' 24' 9707 Waples Street (858)558-4500 San Diego, CA 92121 APNS: CITY OF POWA Y 314- 370 -38 ACCESS EASEMENT R.- \1329 \&Map \Easements \Drainage Access \EP DRAIN ACCESS ESMT SHT 03.dwgj7Sep -15- 2016:14:38 W.O. 2606 -0037 to W W NO2 °56'32 'E 35.47' N87'03'28 "W 7.50' NO2 °56'32 "E 23.40' SEE SHEET 4 Dro wn By Date: 911512016 R.-\ 1329\ &Map \Easements \Drainage Access \EP DRAIN ACCESS ESMT SHT 04.dwg)7Sep -15- 2016.14:37 W.O. 2606 -0037 EXHIBIT "B '91 SHEET 4 OF 6 EASEMENT AREA I SEE SHEET 3 INO2 °5632 'E 23.40' NO2 °56'32 'E 23.40' IL =18 °17'49" R= 50.00' L= 15.97' 6=18 °17'49" R= 26.00' L =8.30' z c; 24' I v�r 1� 11 11 i�11 4 r� RC "W P� � �Iov cnocn J^4i2 '.L 001 6 =05 °41'34" R= 92.50' L =9.19' o N I N85°29'24 "E PRA 0 Z O FJVi I J J l �2I � N � I4 O `U cN I 2 a N A I � I&kN77-1 0'0 SPCC I" I N8 7 03'28 "W 12.50' A =80 °06'34" R=7.50' L= 10.49' HUNSAKER — — — &ASSOCIATES 0 60 120 180 KJOS 16820 SAN DIEGO, INC. 9707 Waples Street (858)558 -4500 San Diego, CA 92121 SCALE V =60' Drawn By: APNs: CITY OF POWAY Date: 911512016 314 - 370 -38 ACCESS EASEMENT R.-\ 1329\ &Map \Easements \Drainage Access \EP DRAIN ACCESS ESMT SHT 04.dwg)7Sep -15- 2016.14:37 W.O. 2606 -0037 W u I. Q7 C 0 0° APNs: 314 - 370 -38 "q: EXHIBIT .95 B 15 ^N ��i� SHEET 5 OF 6 l" EASEMENT AREA 4335 NO2 °07'37 "E 12.71 ' I N'LY BOUNDARY OF PARCEL 17 -PAW P.O.C. W w I W PARCEL "B" o n - - -- N7g53s0W NE COR. ^W WU-) �2.Sp L, 3355, PMR19201 `� h NI,3 06 " - 35 �� 1 7� 29' N87 "51 '43 "W 13.00' NO2 "07'37 "E 00 - _ - 10.00' - T"P.O.B. _ - z L2 72.29' o PARCEL "B" N87 "51'43' W 0 o A J o I N37 °35'44 "W - - N01 °47' 19 "E 25.24' N87 51 '43 "W 72.28' o �u 45' L — 30.84' jr) PROPOSED PRIVATE 3k 51 5966" py 7 " 40.49' o ° ACCESS AND UTILITY EASEMENT. � d =74 °3730" R= 22.00' L= 28.65' .10 a p o z z W u I. Q7 C 0 0° APNs: 314 - 370 -38 "q: 06 N ^N ��i� o °vi o o N85 °46'46 'E 51.60' Lo NO2 °07'37 "E 12.71 ' N m I W U W 0 ^W WU-) 2�' q `� o z ° Z N88 °12'41 "W 4.50' z Z 22 19' N01 °47' 19 "E 25.24' jr) A d =74 °3730" R= 22.00' L= 28.65' o Q N 13 °35' 1111 "W PRC) ° �+ A =88 21 '58" R= 10.00' L= 15.42' M a of co cp z Q7 � Q4 "�I 0 II F,L �-ICE I I °" W 0 0 11 "� A =10 °32'40" R= 40.00' L =7.36' Z Q N ^� a o �I o 1/ v v'I NUMBER BEARING DISTANCE L 1 NO2'07'37 "E 10.00' L2 N85 °46'46 'E 51.60' L3 NO2 °07'37 "E 12.71 ' 3 33' j Q N m I � U W 0 z �-) (,� Ej �o A =10 °27'28" R= 50.00' L =9.13' o o N20 "08'41 "E N09 °02'54 "E 19.28' Z o� 100.00' N80 °57'06 "W 12.50' SEE SHEET 6 6=90 °00'00" R =7.50' L= 11.78' o CITY OF POWAY ACCESS EASEMENT 1 ■ R.-\ 1329 \&Mop \Easements \Droinoge Access \EP DRAIN ACCESS ESMT SHT 05.dwq[]Sep -16- 2016.12.18 W.O. 2606 -0037 Dra wn By Date: 911612016 EXHIBIT "B 55 EASEMENT AREA NUMBER DELTA RADIUS LENGTH C1 16 °47'44" 43.00 12.60 C2 44 °09'04" 23.00 17.72 C3 19 °30'56" 219.00 74.59 C4 03 °08'24" 219.00 1 12.00 C5 55 °23'49" 23.00 122.24 LAj LLJ r .F]Vl J J20 l" FARCE- I L rdLO o ��6D°59 N84 ° 10'08 "Ei N87 °0328 ' W 13041 ' z N SHEET 6 OF 6 SEE SHEET 5 PARCEL "B" o �/ �O O p• ;� �N O C0 (0 r�/ O O c � �O PROPOSED PRIVATE ACCESS AND UTILITY EASEMENT. N41 °26' 1 1WER )R= 219.00' N50 °09'15'E(R) R= 52.00' N38 °174FW(R 19.00' \ N50 °09'37 "E(R) R= 40.0\ N34 °08'38 "E PRC) 30° A C5 Olt 015 r04 PCC p; -j �G�' ki 1 g °46'51 "W PRC D.1a; v � �0 N87 °03'28 "W 133.52' �iN _ �, 1 J a\\�i 2 N67° 22'24 "E(, N NN O� SO 14k '0 � c? 'R. 1b �o, rL� � iii D,2g 5 o0, 2. R�26'2g ^WAR) N11° 0, 13• 4 G °° .\* 5d N0• 29 p� ' =207 gA w c,+ Z C o N � N o cD �, 11 o � o v, c y 1 v C% N51 21 '43 "E 13.45' ANN ROS 16320 HUNSAKER & ASSOCIATES 0 60 120 180 SAN DIEGO, INC. 9707 Waples Street (858)558 -4500 SCALE 1' =60' San Diego, CA 92121 APNs: 314 - 370 -38 CITY OF POWAY ACCESS EASEMENT EP DRAIN ACCESS ESMT SHT 06.dwgnSep -16- 2016:12:20 W.O. 2606 -0037 Dra wn By Date: 911612016 Exhibit C Maintenance Program for Biofiltration Basins BMP Access: Graded Roadway Inspection Frequency /Indications: Regular Inspections ❑ Before wet season begins (September), ❑ Every 60 days during wet season (September - April), ❑ After wet season (April). Performance Inspections ❑ After rainfall events greater than 0.5 inch Maintenance Indications Connections Maintenance Activities Connections ❑ Damage to inlet/outlet, sideslopes, headwall. or other ❑ Repair inlet/outlet structures, side slopes, fences, or structures other structural elements as needed to maintain performance of the facility. ❑ Over -grown vegetation, emergent woody vegetation ❑ Trim vegetation to average height of 12 inches and and /or weeds remove trimmings. ❑ Remove emergent trees and other vegetation that are not part of bioretention basin plan and weeds ❑ Re -seed and re -plan barren areas prior to rainy season ❑ Install erosion blanket on barren spots if re- vegetation is not successful ❑ Sediment accumulation over 3 inches ❑ Remove sediment accumulation at or near plant height ❑ Trash, debris, and vegetative litter ❑ Remove trash, debris, and vegetative litter ❑ Rodents or other vectors ❑ Abate and control rodents as necessary to maintain performance of the facility ❑ Drain standing water Waste Disposal Sediment, other pollutants, and all other waste shall be properly disposed of in a licensed landfill or by another appropriate disposal method in accordance with local, state, and federal regulations.