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
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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
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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"
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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
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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
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T.P.O.B.
PARCEL "A"
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NOCT
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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
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N �
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A
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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.