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Storm Water Management Facilities Maintenance Agreement 2018-0155682V \ RECORDING REQUESTED BY: \ City of Poway AND WHEN RECORDED MAIL TO: City Clerk City of Poway PC Box 789 Poway, CA 92074-0789 DOC# 2018-0155682 Apr 19, 2018 12:28 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SE2 Atkins: $0.00) PCOR: N/A PAGES: 17 Storm Water Management Facilities Maintenance Agreement (Please fill in documenttitle(s) on this line) 1 F� Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax, or, 2 F-] Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date) as document number Records, or, of Official 3 F-1 Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction, or, 4 F-] Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on (date) as document number(s) of Official Records, or 5 F� Exempt from fee per GC27388.1; document transfers real property that is a residential dwelling to an owner -occupier, or, 6 r� Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is a residential dwelling to an owner -occupier, or, 7 R Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier. The recorded document transferring the dwelling to the owner -occupier was recorded on (date) as document number(s) or, 8 F-] Exempt from the fee per GC 27388.1(a) (1); Not related to real property, or, 9 0 Exempt from fee under GC27388.1 for the following reasons: Grant of Easement to City - See Section 4, paqe 3 THIS PAGE ADDED TO PROVIDE SENATE BILL2 EXEMPTION INFORMATION (Additional recording fee applies) RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 323-092-35 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT 14004 Kirkham Way (DR16-010) 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(s) Sorrento West Properties, Incorporated (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 4 of Parcel Map 18491, in the City of Poway, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County June 14, 2000, (hereinafter referred to as the "PROPERTY"), which is being developed into an addition to an industrial building, in accordance with applications for a Development Review 16-010, 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 bioretention basin located near the northeastern 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 DR16-010. 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 BMPs are as set forth in the Operation and Maintenance Plan (hereinafter "O&M PLAN"), which is attached hereto and incorporated herein as Attachment 2. 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. 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 covered by OWNER's SWMFMA GA Lot A21 (DR16-010) Page 2 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 Attachment 3 and shown in Attachment 4, 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. 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 SWMFMA GA Lot A21 (DR16-010) Page 3 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: Sorrento West Properties, Inc. By: P AA J seph E. Maskalenko Its: Vice President % By.&AIA G. J eph E. Maskalenko Its: Secretary Date: 3/ C-/ /7 Date: -31c /- SWMFMA GA Lot A21 (DR16-010) 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 6ty� ) County of h bIIPAa ) On 3' 8' 17 before me, JDYCe E• 721nhyt ,, , 0c6avy P41,, Date _ Here Insert Name and Title of the Officer personally appeared Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person($q whose name(*) is/a)e subscribed to the within instrument and acknowledged to me that he/sire/trWy executed the same in his/fir/tror authorized capacity(OA, and that by his/h0t/tl`Vr signature(.% on the instrument the personN, or the entity upon behalf of which the person(y) acted, executed the instrument. JOYCE E �ZAACHMAN Commission N 2021697 _ Notary Public • California z San Diego County My Comm. Ez iresApr 25.2017 Place Notary Seal Above 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 Signature o tary Public 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: Number of Pages: Document Date: 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 ❑ General ❑ Individual ❑ Trustee ❑ Other: _ Signer Is Representing: ❑ Attorney in Fact ❑ Guardian or Conservator /G�G'YGVG"✓vG'+/G'✓ //GV'vGL.G�,G"✓G�,G\±,G`v ✓G<✓+/L\�GL.GL.G'•./ f/G(✓G�✓'vGC•�G\%:�GCL!GL!cl✓G'✓G\✓cV'\ _ ✓GV GV' 0 1 • • • • r • • • :11 • :11 y1• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 Calif(Ania ) County of WA O e I D �� LL I Q,/ On -. � i17 RG� L, before me, VDV[G 6 • I ow it _t TQ Yil l W 0 , Date _r _ Here Insert Name and Title of the tfficer personally appeared Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person( whose name(7p is/a)V subscribed to the within instrument and acknowledged to me that he/sqE/tTfy executed the same in his/h(ir/thOr authorized capacity(id5), and that by his/V/their signatureM on the instrument the person*, or the entity upon behalf of which the person( acted, executed the instrument. -------------------- JDVCE E. ZACHMAN Commission 8 2021697 ti Notary Public • California i San Diego County My Comm. Expires Apr 25, 2017 Place Notary Seal Above 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. 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: Number of Pages: Document Date: 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 ❑ General 11 Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1 . r . . , ...U.r.. . r 7 11 • 711 ✓ • 1 CITY OF POWAY: ob rt J. Manis Director of Development Servic APPROVED AS TO FORM: Office of the City Attorney xv 6& V Mergem . Felegs City Attorney Alan F"ferrmchc - Attachment 1. Certificate of Acceptance 2. Maintenance Plan 3. Legal Description 4. Plat Dater /r APPROVED AS TO CONTENT: Engineerin ivision teven Crosby, P.E. City Engineer M:lengserv\Land Development Projecls\2016\SWFMAS without grading permits\DR16010 SWFMA GA Lot A21 Addition.docx SWMFMA GA Lot A21 (DR16-010) Page 5 CALIFORNIA.. a..a .a..a .a aLa ..� .ae.a .:� at.a .a .a•.a .at.a .a .aca .r 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 San Diego ) On Ax; I IX I aol X before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared kDbert -T - alari;s Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'N whose nameN 'Dare subscribed to the within instrument and acknowledged to me that te'she/they executed the same in iR er/their authorized capacityoesp, and that by�i 'her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the personKs) acted, executed the instrument. YVONNE MANNION� Notary Pubiic _ California San Diego County Commission 12201766 My Comm. Expires Jun 18, 2021 + 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_ M w�'^�- ''1"U.0 OSignature of Notary Public 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: STorm "ATcr, AArja) rAemfrir FFec' 1'r'C�s mF1lnoreA)PPCc aOldWaU,�LJ- 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 ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1 • • • • • • • • • :I Wil, • :11 : • •:y •1 CERTIFICATE OF ACCEPTANCE (Storm Water Management Facilities Maintenance Agreement) This is to certify that the interest in real property located in the City of Powa conveyed by the Grant of Easement described in Item 4 of the attached document dated $ .201 , from Sorrento West Properties, Inc. 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: UN/y CITY OF POWAY Seal: Robert J. Ma'his " Department of Develop t Services SWMFMA GA Lot A21 (DR16-010)Page 6 ATTACHMENT a Bioretention TC -32 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 storod water in th-Q bioretention areKplantingsoil 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. Maintenance Concerns, Objectives, and Goals ■ Clogged Soil or Outlet Structures ■ Invasive Species ■ Vegetation/Landscape Maintenance ■ Erosion ■ Channelization of Flow ■ Aesthetics Targeted Constituents ✓ Sediment ■ ✓ Nutrients ✓ Trash ■ ✓ Metals ■ ✓ Bacteria ■ ✓ Oil and Grease ■ Organics ■ Legend (Removal Effectiveness) • Low ■ High Medium CASOA 'Caulornia �m Storm water Quality AssoCiation January 2003 California Stormwater BMP Handbook 1 of 3 Industrial and Commercial www.cabmphandbooks.com TC -32 Bioretention Inspection Activities Suggested Frequency ■ Inspect soil and repair eroded areas. ■ 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. ■ Inspect to ensure grass is well established. If not either prepare soil and reseed or replace with alternative species. Install erosion control blanket. ■ Check for debris and litter, and areas of sediment accumulation. ■ Inspect health oft] ces and shrubs-. Maintenance Activities ■ Water plants daily fm 2 weeks. ■ Remove litter and debris. ■ Remove sediment ■ Remulch void areas. ■ 'I neat diseased trees and shrubs. ■ Mow turf areas. ■ Repair erosion at inflow points. ■ Repair outflow structures. ■ Unclogundetdrain.-- ■ Regulate soil pH regulation. ■ Remove and replace dead and diseased vegetation. ■ Add mulch. -_-...,_�__.._.... ____.......� . ■ Replace tree stakes and wires. ■ Mulch should be replaced every 2 to 3 years or when bare spots appear. Remulch prior to the wet season. Monthly Semi-annual inspection Suggested Frequency At project Completion Monthly As needed Semi-annual-� VAnnual� Every 2-3 years, or 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 will remain primarily dry, upland species will 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: 2 of 3 Callfornla 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: dub.epa.gov/npdes/storrnwater/menuofbmks/bmp 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. Maintenance Program for Inlet Stenciling Inspection Frequency/Indications; Regular Maintenance Inspections ❑ Before wet season begins (September); ❑ After wet season (April). Maintenance Indications Maintenance Activities ❑ Inlet stenciling/signage begins to weather or fade ❑ Re -stamp signage ❑ Broken or damaged structure ❑ Repair or replace signage structure Maintenance Program for Bioretention Area Inspection Frequencyllndications: 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 ❑ 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 ❑ Remove trash, debris, and vegetative lifter ❑ Rodents or other vectors ❑ Abate and control rodents as necessary to maintain 144138 performance of the facility ❑ Drain standing water 144138 AnAC WENT 3 LEGAL DESCRIPTION STORM WATER FACILITIES MAINTENANCE & ACCESS EASEMENT A portion of Parcel 4 of Parcel Map 18491, in the City of Poway, County of San Diego, State of California, filed in the office of the County Recorder of said county June 14, 2000, described as follows: COMMENCING at the Northeast corner of said Parcel 4; thence westerly along the Northerly line thereof North 88019121" West 49.50 feet to an intersection with the westerly line of that certain existing water easement described as Parcel 2 in document recorded December 14, 2000 as Document No. 2000-0680021 of official records; thence leaving said northerly line and southerly along said westerly line South 01002108" West 41.55 feet to the TRUE POINT OF BEGINNING; thence leaving said westerly line South 88057152" East 48.50 feet to an intersection with a line that lies 1 foot westerly of and parallel with the easterly line of said Parcel 4; thence southerly along said parallel line South 01002'08" West 99.00 feet; thence leaving said parallel line North 88057152" West 28.50 feet to a point on the easterly line of that certain existing water easement described as Parcel 3 per said Doc. 2000-0680021; thence southerly along said easterly line of Parcel 3 South 01002'08" West 328.20 feet to a point on the north line of that certain 5 foot general utility easement dedicated per said Parcel Map 18491 being a point on a curve, concave northerly having a radius of 1152.50 feet to which a radial line bears South 11002'35" East; thence leaving said easterly line and westerly along said curve through a central angle of 01000154" an arc length of 20.42 feet to an intersection with the westerly--line-of said.easement.Parcel_3; thence_ leaving said curve and northerly along the westerly line of said easement Parcels 2 and 3 North 01002'08" East 431.30 feet to the TRUE POINT OF BEGINNING. CONTAINING: 11,406.7 square feet or 0.262 Acre, more or less. SEE PLAT EXHIBIT B attached hereto and made a part hereof. L.S. 8742 k Charles L. Scott III, LS 8742 Expires 12/31/2018 F Of C February 22, 2017 JN 153712 h:\pdata\153712 ga bldg a21\cadd\mapping\exhibits ga\153712 stormwater facilities esmt lgl.doc Page I of I A`IAGHMI�M" N ;CR PPS POW Y PARKWAY (N88°19'21"W 836.93' w BASIS OF BEARINGS f o ' 3> �(� S01002'08"W w 0 V)o 511E PPR�$Q9� 4TI; OB M __�_ KIRKHAM WAY P VICINITY MAP _ A PARCEL 2— NO SCALE LEGEND EXISTING WATER EASEMENT TO THE CITY OF POWAY RECORDED DECEMBER 14, F 2000 AS DOC. #2000-0680021, _ OFFICIAL RECORDS J O w POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEGINNING d M ®STORMWATER FACILITIES MAINTENANCE w & ACCESS EASEMENT GRANTED HEREON EL CONTAINING 11,406.7 SF (0.262 AC) O ( ) RECORD PROPERTY LINE DATA PM 18491 CHARLES L. SCOTT III LS 8742 coO � Z -0 0 � oA-o n M -A Ilrn O 70 O 00 r 7r7 �y t� 1. �oNAo '0 1 o�Nu p H ° v C 11 � I SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR STOHMWA=0 =A r%// 50 BASIS OF BEARINGS: NORTH LINE N q - PARCEL 4 PM 18491 00 EASEMENT J I.E. N88°19'21"W GRANTED EASEMENT DATA TABLE L a _BEARI NG/DELTA_RAD BUS- -LENGTH--- _ _. _ 5 ., o_� __o a A S88057'52"E ° -- 48.50' N" Z n N o m B N01 02' 08"E -- 431.30' o n r i o C 01000'54" 1152.50'20.42' 4o y z u') D S01°02'08"W -- 328.20 � c y rr�r 10 E N88057'52"W -- 28.50' V M r F m n Q to S01002'08"W E I -- 99.00' �. m � ) CHARLES L. SCOTT III LS 8742 coO � Z -0 0 � oA-o n M -A Ilrn O 70 O 00 r 7r7 �y t� 1. �oNAo '0 1 o�Nu p H ° v C 11 � I SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR STOHMWA=0 =A r%// 50 w Io n rrn N 1' N, Q IItwP. I (� IA 1.. � 1) GJ MNN; �. KIRKHP , � 'SHEET 1 OF 1 SHEET SEE EXHIBIT A Michael Baker International MAINTENANCE f ACCESS EASEMENT FOR LEGAL DESCRIPTION 9755 Clairemont Mesa Blvd., PORTION OF PARCEL 4 PARCEL MAP 18491 San Diego, CA 9212 14004 KIRKHAM WAY, CITY OF POWAY (858)614-5000 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FEBRUARY 22, 2017 153712 0) N q - 00 J A L a a 1 � a o' z of o � E I z rn o r rL w Io n rrn N 1' N, Q IItwP. I (� IA 1.. � 1) GJ MNN; �. KIRKHP , � 'SHEET 1 OF 1 SHEET SEE EXHIBIT A Michael Baker International MAINTENANCE f ACCESS EASEMENT FOR LEGAL DESCRIPTION 9755 Clairemont Mesa Blvd., PORTION OF PARCEL 4 PARCEL MAP 18491 San Diego, CA 9212 14004 KIRKHAM WAY, CITY OF POWAY (858)614-5000 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FEBRUARY 22, 2017 153712