Storm Water Management Facilities Maintenance Agreement 2017-0376987RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
DOC# 2017-0376987
1111111 IIII IIIII IIIII IIII 111111 IIIII IIIII IIIII ISI IIIII IIII IIII IIII
Aug 18, 2017 09:05 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PAGES: 18
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Danielson Street
(G16-0012)
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R 8 T Code 11922 (conveyance to a Government Agency)
This STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT (this
"Agreement") for the maintenance and repair of certain Storm Water Management Facilities is entered
into between the Property Owner(s) San Miguel Valley Corporation, (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 (hereinafter referred to as the
"PROPERTY"), located in the City of Poway, California, more particularly described as:
Lot 11 of City of Poway Tract No. 87-13 Unit 2, Parkway Business Center, in the City of Poway
County of San Diego, State of California, according to map thereof no. 13410, filed in the
Office of the County Recorder of San Diego County, April 8, 1997. Excepting therefrom the
Easterly 50.67 feet thereof said property being described as Parcel 2 (after adjustment) in
Certificate of Compliance recorded on March 27, 1998 as file no. 1998-0169908 of official
records of said San Diego County.
The PROPERTY is being developed into a parking lot, in accordance with applications for a
Development Review 16-007, which is 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":
One bio -filtration basin located near the southwesterly corner of the site.
The precise locations and extent of the BMP is indicated in the approved Storm Water Quality
Management Plan on file with CITY's Development Services Department as grading plan G16-0012.
The manner and standards by which the BMP must be repaired and maintained in order to retain their
effectiveness and the approximate location of the BMP is as set forth in the Operation and
Maintenance Plan (hereinafter "O&M PLAN"), which is attached hereto and incorporated herein as
Exhibit A.
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 reasonable 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.
2. 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, provided, however, that any notice to abate the nuisance
required by Poway Municipal Code section 8.72.030 shall provide OWNER with not less than
thirty (30) days in which to perform the MAINTENANCE ACTIVITIES in order to abate the
nuisance. 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 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 (but not less than a period of thirty (30) days), 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 B and shown in Exhibit C,
for purposes of accessing the BMPs, inspecting the BMPs, and performing any of the
MAINTENANCE ACTIVITIES specified in Paragraph 1 above. Prior to routine inspection by
the CITY, as required by the Municipal Permit, the CITY shall provide the OWNER a minimum
of three (3) business days' notice prior to entering the property; however, in the event the
OWNER fails to provide required maintenance documentation, or in the event a complaint is
received related to the performance of the BMPs, or if evidence exists of discharge or potential
discharge from the site, the CITY shall have the right, at any time after notice is provided to the
OWNER, to enter upon any part of said easement 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
3
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.
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.
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter.
• 1[ AN011:11
SAN MIGUEL VALLEY CORPORATION,
a Colorado corporation
By(: v 7.� �q�—
Name: Barton S. Brundage
Title: Vice President
State of Colorado )
)ss.
County of Arapahoe )
Date: -A-19\k-7
The foregoing instrument was acknowledged before me this 25 day of JJ��
2017, by Barton S. Brundage, as Vice President of San Miguel Valley Corporation, a ColorColor—ad.o
corporation.
Witness my hand and official seal.
N k
Notar4 Public
My Commission Expires: w%
KAREN L. BRADY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954018452
MY COMMISSION EXPIRES AUGUST 19, 2018
CITY:
CITYYF POWAY
Rob J. Mani
Director of Development Services
APPROVED AS TO FORM:
Office of the City Attorney
Morga L. ole ,City ttorney
Attachment
1. Certificate of Acceptance
Date: d 10
APPROVED AS TO CONTENT:
Engineering Division
'0�4
even Crosby, P.E.
City Engineer
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 Califomia
County of Saa) tl) Er r)
On_AIA &,"T )i', ,2o 17 before me, L)VONJvt MrgN1Ji ],) r rio-rAl2r I Irl ALit
Date Here Insert Name and Title of the Officer
personally appeared �ObQp_t :L MANiS
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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
YVONNE MANN10N WITNESS my hand and official seal.
Notary Public -California
Sen Diego County _
Commission a 2201766
My Comm. Expires tun 18,2021 Signature11/1-1AA1L LL,,iod
Signature of Notary Public
LA
YVONNE MANNION
Notary Public - Califomia 6
Place Nota Seal Above San Diego county
Notary Commission , 2201766
OPTIONAL
Though this section is optional, completing this information can deter a era l0 0
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:STu(rl\ -4ATE2, MANAAffnEAN fAc;LiriE( rnmit,I
Document Date: '1l)_k 1-1 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
M Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n Other
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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: lul'�.4L% from (insert property
owner) 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. 17-007 adopted on April 18, 2017.
Dated: S �� CITY OF POWAY
Seal:
By: xk1j.
NoVert J. Manis
Director of Development Se ces
SWMFMA Page 6
EXHIBIT A
Project Name: General Atomics Lot 1 Improvements
Use this checklist to ensure the required information has been included in the Structural BMP
Maintenance Information Attachment:
Preliminary Design / Planning / CEOA level submittal:
• Attachment 3a must identif 7
O Typical maintenance indicators and actions for proposed structural BIotP(s) based on Section
7.7 of the BMP Design Manual
• Attachment 3b is not required for preliminary design / planning / CEQA level submittal.
Final Design level submittal:
Attachment 3a must Iden*
❑ Specific maintenance indicators and actions for proposed structural BI.IP(s). This shall be based
Oil Section 7.7 of the Bt,113 Design Manual and enhanced to reflect actual proposed components
of the structural BMP(s)
❑ 1 -low to access the structural BMP(s) to inspect and perform maintenance
❑ Features that are provided to facilitate inspection (e.g., observation ports, cleanouts, silt posts,
or other features that allow the inspector to view necessary components of the structural BMP
and compare to maintenance thresholds)
❑ Manufacturer and part number for proprietary parts of structural BMP(s) when applicable
❑ Maintenance thresholds specific to the structural BMP(s), with a location -specific frame of
reference (e.g., level of accumulated materials that triggers removal of the materials, to be
identified based on viewing marks on silt posts or measured with a survey rod with respect to
a fixed benchmark within the BMP)
❑ When applicable, frequency of bioretention soil media replacement
❑ Recommended equipment to perform maintenance
❑ When applicable, necessary special training or certification requirements for inspection and
maintenance personnel such as confined space entry, or hazardous waste management
Attachment 36: For private entity operation and maintenance, Attachment 3b must include a Storm Water
Management and Discharge Control Maintenance Agreement (Porn DS -3247). The following information
must be included in the exhibits attached to the maintenance agreement:
❑ Vicinity map
❑ Site design BMPs for which DCV reduction is claimed for meeting the pollutant control
obligations.
❑ BMP and I -IMP location and dimensions
❑ RMP and I-Itvf 3 specifications/cross section/model
❑ Maintenance recommendations and frequency
❑ LID features such as (permeable paver and LS location, dim, SI).
PDP S\VQN1P Template Date: Januar y, 2016
PDP SWQMP Submittal Date: January 10, 2017
INTERNATIONAL
Bioretention
General Description
The bioretention best management practice (BMP) functions as a
soil and plant -based filtration device that removes pollutants
through a variety of physical, biological, and chemical treatment
processes. These facilities normally consist of a grass buffer
strip, sand bed, ponding area, organic layer or mulch layer,
planting soil, and plants. The runoffs velocity is reduced by
passing over or through a sand bed and is subsequently
distributed evenly along a ponding area. Exfiltration of the
stored water in the bioretention area planting soil into the
underlying soils occurs over a period of days.
Inspection/ Maintenance Considerations
Bioretention requires frequent landscaping maintenance,
including measures to ensure that the area is functioning
properly, as well as maintenance of the landscaping on the
practice. In many cases, bioretention areas initially require
intense maintenance, but less maintenance is needed over time.
In many cases, maintenance tasks can be completed by a
landscaping contractor, who may already be hired at the site. In
cold climates the soil may freeze, preventing runoff from
infiltrating into the planting soil.
TC -3Z
Maintenance Concerns,
Objectives, and Goals
■ Clogged Soil or Outlet Structures
■ Invasive Species
■ Vegetation/Landscape
Maintenance
■ Erosion
■ Channelization of Flow
■ Aesthetics
Targeted Constituents
J Sediment
J Nutrients
J Trash
J Metals
J Bacteria
J Oil and Grease
J Organics
Legend (Removal Effectiveness)
• Low ■ High
Medium
'Corn.S0A
iawateruality
Assoclatlon
January 2003 California Stormwater BMP Handbook 1 of 3
Industrial and Commercial
www.cabmphandbooks.com
TC -32
Bioretention
Additional Information
Landscaping is critical to the function and aesthetic value of bioretention areas. It is preferable
to plant the area with native vegetation, or plants that provide habitat value, where possible.
Another important design feature is to select species that can withstand the hydrologic regime
they will experience. At the bottom of the bioretention facility, plants that tolerate both wet and
dry conditions are preferable. At the edges, which +gill remain primarily dry, upland species %%ill
be the most resilient. It is best to select a combination of trees, shrubs, and herbaceous
materials.
References
Metropolitan Council, Urban Small Sites Best Management Practices Manual. Available at:
http //N,N-w metrocouneil org/enNironment/Watershed/BMP/manual.htm
2 of 3 California Stormwater BMP Handbook January 2003
Industrial and Commercial
www.cabmphandbooks.com
Inspection ActivitiesSuFreggested
quency
■ Inspect soil and repair eroded areas.
Monthly
■ Inspect for erosion or damage to vegetation, preferably at the end of the wet season to
schedule summer maintenance and before major fall runoff to be sure the strips are ready
for winter. However, additional inspection after periods of heavy runoff is desirable.
Semi-annual
■ Inspect to ensure grass is well established. If not, either prepare soil and reseed or
replace with alternative species. Install erosion control blanket.
inspection
■ Check for debris and litter, and areas of sediment accumulation.
■ Inspect health of trees and shrubs.
suggested
Maintenance Activities
Frequency
■ Water plants daily for 2 weeks.
At project
completion
■ Remove litter and debris.
Monthly
■ Remove sediment.
■ Remulch void areas.
■ Treat diseased trees and shrubs.
■ Mow turf areas.
As needed
■ Repair erosion at inflow points.
■ Repair outflow structures.
■ Unclog underdrain.
■ Regulate soil pH regulation.
■ Remove and replace dead and diseased vegetation.
Semi-annual
■ Add mulch.
Annual
■ Replace tree stakes and wires.
■ Mulch should be replaced every 2 to 3 years or when bare spots appear. Remulch prior to
Every 2-3 years, or
the wet season.
as needed
Additional Information
Landscaping is critical to the function and aesthetic value of bioretention areas. It is preferable
to plant the area with native vegetation, or plants that provide habitat value, where possible.
Another important design feature is to select species that can withstand the hydrologic regime
they will experience. At the bottom of the bioretention facility, plants that tolerate both wet and
dry conditions are preferable. At the edges, which +gill remain primarily dry, upland species %%ill
be the most resilient. It is best to select a combination of trees, shrubs, and herbaceous
materials.
References
Metropolitan Council, Urban Small Sites Best Management Practices Manual. Available at:
http //N,N-w metrocouneil org/enNironment/Watershed/BMP/manual.htm
2 of 3 California Stormwater BMP Handbook January 2003
Industrial and Commercial
www.cabmphandbooks.com
Bioretention
TC -32
Model Urban Runoff Program: A How -To Guide for Developing Urban Runoff Programs for
Small Municipalities. Prepared by City of Monterey, City of Santa Cruz, California Coastal
Commission, Monterey Bay National Marine Sanctuary, Association of Monterey Bay Area
Governments, Woodward -Clyde, Central Coast Regional Water Quality Control Board. July
1998, revised February, 2002.
U.S. Environmental Protection Agency, Post -Construction Stormwater Management in New
Development & Redevelopment BMP Factsheets. Available at:
cfpub.epa.gov/nodesfstorm%vater/menuof )mps/burp files.cfm
Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual
for Stormwater Quality Control Measures. July, 2002.
January 2003 California Stormwater BMP Handbook 3 of 3
Industrial and Commercial
www.cabmphandbooks.com
BMP Maintenance Program
The following inspection and maintenance activities shall be performed and completed as
indicated.
Inspection Frequency/Indications:
Regular Maintenance Inspections
❑ Before wet season begins (September);
❑ After wet season (April).
Maintenance Indications I Maintenance Activities
❑ Inlet stenciling/signage begins to weather or fade I ❑ Re -stamp signage
❑ Broken or damaged structure I ❑ Repair or replace signage structure
Maintenance Program for Bloretention
Area
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 inletloutlet, sideslopes, headwall, or
❑
Repair inlet/outlet structures, side slopes, fences, or
other structures
other structural elements as needed to maintain
performance of the facility.
❑ Over -grown vegetation, emergent woody
❑
Trim vegetation to average height of 12 inches and
vegetation 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 barrent 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
Cl
Remove trash, debris, and vegetative litter
❑ Rodents or other vectors
❑
Abate and control rodents as necessary to maintain
144138
❑ Drain standing water
144138
EXHIBIT 8
LEGAL DESCRIPTION
STORM WATER FACILITIES MAINTENANCE & ACCESS EASEMENT
A portion of Lot 11 of City of Poway Tract No. 87-13 Unit 2, Parkway
Business Centre, in the City of Poway, County of San Diego, State of
California, according to map thereof No. 13410 filed in the office of
the County Recorder of San Diego County April 8, 1997, being also a
portion of Parcel 2 of Lot Line Adjustment Certificate of Compliance
recorded March 27, 1998 as Doc. No. 1998-0169908, of official records,
described as follows:
ZI:T*1W*
COMMENCING at the Southwest corner of said Lot 11; thence northerly
along the westerly line thereof North 00011'43" West (record North
00013'00" West)(per Map 13410 & Record of Survey 15973, hereinafter
referred to as record) 226.00 feet; thence leaving said westerly line
South 90000'00" East (East) 10.00 feet to the TRUE POINT OF BEGINNING;
thence continuing South 90000'00" East (East) 60.00 feet; thence South
09°41'06" East 187.96 feet to an intersection with a line that lies
25.00 feet northerly of and parallel with the southerly line of said Lot
11; thence westerly along said parallel line South 81018'02" West
(record south 8117'00" West) 92.00 feet to an intersection with a line
that lies 10.00 easterly of and parallel with the westerly line of said
Lot 11; thence leaving first said parallel line and northerly along
second said parallel line North 00011'43" West 199.19 feet to the TRUE
POINT OF BEGINNING.
CONTAINING: 14,620.41 square feet or 0.34 Acre, more or less.
PARCEL 2:
A strip of land, 22.00 feet in width, lying 11.00 feet on each side of
the following described centerline:
COMMENCING at the Southwest corner of said Lot 11; thence easterly along
the southerly line thereof North 81018'02" East (record North 81017'00"
East) 276.00 feet to the TRUE POINT OF BEGINNING; thence leaving said
southerly line North 08041'58" West 35.50 feet to the to the beginning
of a tangent curve concave southwesterly having a radius of 30.00 feet;
thence northwesterly along said curve through a central angle of
90000'00" an arc length of 47.12 feet; thence tangent from said curve
South 81018'02" West 117.88 feet to the to the beginning of a tangent
curve concave northerly having a radius of 36.00 feet; thence westerly
Pagc I of 2
along said curve through a central angle of 39°57'03" an arc length of
25.10 feet to a point on the easterly line of the above described Parcel
1 and the POINT OF TERMINUS to which a radial line bears South 31015'06"
West.
The sidelines of said strip shall be prolonged or shortened so as to
begin on said southerly line of Lot 11 and end on said easterly line of
Parcel 1.
CONTAINING: 4,974.39 square feet or 0.11 acre, more or less.
SEE EXHIBIT B, PLAT, consisting of 2 sheets, attached hereto and by this
reference made a part hereof.
LAND Spq`t"
* L.S. 8742
Charles L. Scott, III, LS 8742
Expires
March 2012 2018
2017N 153461 OF CA������`!
h:\pdata\153461\cadd\mapping\exhibits\153461 stormwater facilities esmt
lgl.doc
Page 2 of 2
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS PLAT IS THE CALIFORNIA
STATE PLANE COORDINATE SYSTEM (NAD83), ZONE 6, (CSRS
EPOCH 2011) BASED ON CONTINUOUS OPERATING REFERENCE
(COR) STATIONS P472 CAMP ELLIOT AND SI05 SCRIPPS PER
THE NATIONAL GEODETIC SURVEY (NGS).
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POT POINT OF TERMINUS — PARCEL 2 N
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° & ACCESS EASEMENT GRANTED HEREON <
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PARCEL 1: 14,620.41 SF (0.34 AC)
PARCEL 2: 4,974.39 SF (0.11 AC)
( ) RECORD DATA PER ROS 15973
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PORTION LOT 11 MAP 13410
(PARCEL 2 CERT. OF
COMPLIANCE 1998-0169908)
POT -2 SHOWN ON ROS 15973
2
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1'11
��� 3.20.2017 *UJS87EXHIBIT CCHARLES L. SCOTT, LS 8742SKETCH �DESCRIPTOIONCFORPANY A LEGALSEE EXHIBIT A FOF CAV1`
STORMWATER FACILITIES FOR LEGAL DESCRIPTION
SHEET 1 OF 2 SHEETS
MAINTENANCE & ACCESS EASEMENT Michael Baker International
PORTION OF LOT 11 MAP 13410 ( PARCEL 2 LLA 1998-01169908) 9755 Clairemont Mesa Blvd.,
DANIELSON STREET, CITY OF POWAY San Diego, CA 9212
COUNTY OF SAN DIEGO STATE OF CALIFORNIA REV 3.20.2017 (858)614-5000 153461
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PARCEL 2 DETAIL
EXHIBIT "C"
SKETCH TO ACCOMPANY A LEGAL
DESCRIPTION FOR
STORMWATER FACILITIES
MAINTENANCE & ACCESS EASEMENT
PORTION OF LOT 11 MAP 13410 (PARCEL 2 LLA 1998-0169908)
DANIELSON STREET, CITY OF POWAY
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA REV 3.20.2017
SHEET 2 OF 2 SHEETS
Michael Baker International
9755 Clairemont Mesa Blvd.,
San Diego, CA 9212
(858)614-5000 153461