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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). z 0 z L4 I 0 0 I� Iw Ln N O w T (r T o (n � z DANIELSO i1 ST SCRIPPS POWAY PKWY VICINITY MAP—NO SCALE S90°00'00"E 10.00' LEGEND TPOB-1 POC POINT OF COMMENCEMENT 590°00'00"E 6D.DDTPOB-# TRUE POINT OF BEGINNING—PARCEL 9 0 POT POINT OF TERMINUS — PARCEL 2 N \ STORMWATER FACILITIES MAINTENANCE Gj � ° & ACCESS EASEMENT GRANTED HEREON < a PARCEL 1: 14,620.41 SF (0.34 AC) PARCEL 2: 4,974.39 SF (0.11 AC) ( ) RECORD DATA PER ROS 15973 Q?g�� \\\\ , 00 SS1 ° 18,02"" 9 276.00 PORTION LOT 11 MAP 13410 (PARCEL 2 CERT. OF COMPLIANCE 1998-0169908) POT -2 SHOWN ON ROS 15973 2 PSEE 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 1 I / Iz 03. N I" 0 0 w IA Z / N O 1 / A POT -2 CO 6=90000'00" I o =� R-- 30.00' �- I / S 31015'06" W(R) L=47.12' ? 0 // 17.88;, g1 18 W / rG /00 X39°57'03..22 Q R=36.00' 11'111 L=25.10' Ln Z76 , oo TPOB-2 8 'of E N A - 1� E SON ST 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