Storm Water Management Facilities Maintenance Agreement 2018-0281844RECORDING REQUESTED BY:
City of Poway
AND WHEN RECORDED
MAIL TO:
City Clerk
City of Poway
PO Box 789
Poway, CA 92074-0789
DOC# 2018-0281844
111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
Jul 11, 2018 10:40 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT
(Please fill in documenttitle(s) on this line)
1 ❑ 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 ❑ 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 of Official
Records, or,
3 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this
transaction, or,
4 ❑ 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
S ❑ Exempt from fee per GC27388.1; document transfers real property that is a residential dwelling to
an owner -occupier, or,
6 F-] 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 ❑ 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 ❑✓ Exempt from fee under GC27388.1 for the following reasons:
Grant of Easement to City - Please see Pace 3, Section 4
TH IS PAG E ADDED TO PROVI DE SENATE BIt12 EXEMPnON INFORMATION
(Additional recordi ng fee applies)
PAGES: 13
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 323-520-01-00
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
14144 Sky Mountain Trail
(G15-0002)
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) Eric Weddle and Chanel Weddle (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 in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which
is being developed into a single family residence, in accordance with applications for a Minor
Development Review Application 14-024 and Grading Permit Number G15-0002, which are on file
with the CITY. This Agreement is required as a condition of approval for such development.
WHEREAS, in accordance with the City of Poway's Stormwater Management and Discharge Control
Ordinance, Poway Municipal Code, Chapter 13 and 16 (the "Stormwater Ordinance'), the City of
Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading
Ordinance and/or other ordinances or regulations of CITY which regulate land development and urban
runoff, OWNER has proposed that storm water runoff from the PROPERTY be managed by the use of
the following Storm Water Management Facilities which are identified as "Best Management
Practices" or "BMPs":
A biofiltration flow-through planter area and an underground gravel trench vault located to the
east of the proposed residence as shown on the approved grading plan.
The precise location(s) and extent of the BMPs are indicated in the approved Water Quality Technical
Report, dated September 2015, and on the approved grading plans on file with CITY's Development
Services Department as G15-0002. The manner and standards by which the BMPs must be repaired
and maintained in order to retain their effectiveness are as set forth in the Operation and Maintenance
Plan (hereinafter "O&M PLAN"), which is attached hereto and incorporated herein as Exhibit "B".
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:
1. 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.
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. In the case of maintenance performed by the CITY, it may be
performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole election. It is
recognized and understood that the CITY makes no representation that it intends to or will
perform any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of
the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing
maintenance obligations under this agreement. If CITY elects to perform any of the
MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as the
agent of the OWNER and said work shall be without warranty or representation by CITY as to
safety or effectiveness, shall be deemed to be accepted by OWNER "as is", and shall be
SWMFMA Weddle (G15-0002) Page 2
covered by OWNER's indemnity provisions below.
If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that
OWNER perform the same and OWNER has failed to do so within a reasonable time stated in
the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the
MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's
costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to
pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the
property or properties of the responsible parties pursuant to the procedures set forth in Poway
Municipal Code Chapter 8.72.
4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over,
under and across all of the PROPERTY, 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.
Agreement Binds Successors and Runs With the PROPERTY. It is understood and
SWMFMA Weddle (G15-0002) Page 3
agreed that the terms, covenants and conditions herein contained shall constitute covenants
running with the land and shall be binding upon the heirs, executors, administrators,
successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all
persons owning any interest in the PROPERTY (including the interest of CITY or its
successors in the easement granted herein). It is the intent of the parties hereto that this
Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise
acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have
consented to and become bound by all the provisions hereof.
9. OWNER's Continuing Responsibilities Where Work Commenced or Permit Obtained.
Notwithstanding any other provision of this Agreement, no transfer or conveyance of the
PROPERTY or any portion thereof shall in any way relieve OWNER of or otherwise affect
OWNER's responsibilities for installation or maintenance of BMPs which may have arisen
under the ordinances or regulations of CITY referred to in this Agreement, or other federal,
state or CITY laws, on account of OWNER having obtained a permit which creates such
obligations or having commenced grading, construction or other land disturbance work.
10. Amendment and Release. The terms of this Agreement may be modified only by a written
amendment approved and signed by the Director of Development Services acting on behalf of
CITY and by OWNER or OWNER's successor(s) in interest. This Agreement may be
terminated and OWNER and the PROPERTY released from the covenants set forth herein, by
a release, which CITY may execute if it determines that another mechanism will assure the
ongoing maintenance of the BMPs or that it is no longer necessary to assure such
maintenance.
11. Governing Law and Severability. This Agreement shall be governed by the laws of the
State of California. Venue in any action related to this Agreement shall be in the Superior
Court of the State of California, County of San Diego. OWNER hereby waives any right to
remove any such action from San Diego County as is otherwise permitted by California Code
of Civil Procedure Section 394. In the event that any of the provisions of this Agreement are
held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and
enforceability of the remaining provisions shall not be affected thereby.
IN WITNESS WHE F, the parties have executed this Agreement on the dates set forth
hereinafter.
OWNER:
By: Date: ld 20
is e
By: Date:
I
SWMFMA Weddle (G15-0002) Page 4
ACKNOWLEDGMENT
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 5Ye12 hlcf C� )
On (X �he� /�,�15 beforeme,�i, Nufary Rbhc
(insert name and title of the officer)
personally appeared _/_(-I G GJC'r/(i%/C 0? -)a L Mohef We(.JQI/e
who proved to me on the basis of satisfactory evidence to be the perso s whose name is/Cra
subscribed to the within instrument and acknowledged to me that he/she xecuted the same
his/he thet authorized capacity es and that by his/her ell ignaturen the instrument the
perso s r the entity upon behalf of which the perso s cted, 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.
IAN HUTCHINSON y
COMM. M 2090428
WITNESS my hand and official seal. NOTARY PUBW 0CALIFORNIA
SAN DIEGO COUNTY
Comm. E) p. NOV. 17, 2018
Signature ® (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..
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 101Y before me, Yvonne Mannion Notary Public
Date e� Here Insert Name and Title of the Officer
JC
personally appeared 0beP—L ffiaidj S
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the erson(s) whose name(*sure
subscribed to the within instrument and acknowledged to me that a he/they executed the same in
iii /her/their authorized capacity(ies), and that byis her/their signature(s) on the instrument the person*,
or the entity upon behalf of which the person(s) acted, executed the instrument.
YVONNE MANNION
Notary Public - California
San Diego County
Commission. 2201766
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 uk,1(%^A)0 131
Signature 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 r,-Jrrree ALrtNAAt n&&jr AIHrNTwFlULC 4aRrrm TL6_Ls:_-000Z)
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:
d4"v vT <'v<'v .y ✓4'v ✓4\ : v ✓4'✓4'v✓<
O IV • • • • • •y U • • :11 • :11 U • • 1
Director of Development Services
APPROVED AS TO FORM:
Office of the City Attorney
l,L G,�
Alan Fenstermacher, City Attorney
Attachment
1. Certificate of Acceptance
APPROVED AS TO CONTENT:
Engin eerin ivision
teven Crosby, P. E.
City Engineer
Wengsery\Land Development Projects\2015\G15-0002 Blaquierre Residence\SWFMA.dou
SWMFMA Weddle (G15-0002) Page 5
CERTIFICATE OF ACCEPTANCE
(Storm Water Management
Facilities Maintenance Agreement)
This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of
Easement described in Item 4 of the attached document dated: iU 1 6 1 3 -IS , from Eric & Chanel
Weddle, 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: Zg �r CITY OF POWAY
By: 'zz
o ert J. Manis
Director of Development Serve
SWMFMA Weddle (G15-0002) Page 6
EXHIBIT
"All II
Legal
Description
For APN: 323-520-01-00
PARCEL 1:
LOT 1 OF CITY OF POWAY TRACT NO. 04-02, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0. 15407, ,FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9,2006.
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Water Quality Technical Report for 14144 Sky Mountain Trail, Poway, CA (Kappa #: 280014)
• Concrete Wash Management (WM-8)
• Sanitary / Septic Waste Management (WM-9)
Proper on-going performance of the drainage and treatment systems is critical to both the City of Poway
and to the homeowner. To assure that these drainage systems continue to perform as designed, the
following maintenance program is provided. The items within the program are taken from various
proven sources including CASQA, City of San Diego, County of San Diego, and the City of Poway.
CATCH BASINS AND INLETS
Catch Basins and drainage inlets, shall be inspected quarterly by removing the top grate and visually
looking for blockages or built-up silt. If any if found, it should be cleaned
INTERCONNECTING STORM DRAIN PIPING
The pipes connecting catch basins, inlets, and other drainage structures shall be inspected at the time
the catch -basins are inspected (quarterly). Check for blockages by running a small amount of water in
the upstream catch -basin and see if the flow is visible at the next one downstream. If none is seen, then
clean the connecting pipe by snaking it with a cleaner.
ENERGY DISSIPATERS / STILLING BOXES
Energy Dissipaters and stilling boxes, shall be inspected annually to make sure that the box is in good
repair (not cracked or broken, and that any rock / gravel is in place as per the construction plans. Also
check to make sure that silt has not buried the rock. If the rock is not as shown on the construction
plans, then clean and repair as necessary to return the rock to the planned condition.
DRY VAULT / CISTERN
The project has a large gravel trench cistern located beneath the athletic court area on the east side of
the home. This stores excess stormwater and then slowly releases it after the storm peak passes. This
cistern cannot be maintained directly since there is no access to it. There are three storm drain pipes
and catch basins that discharge into the gravel trench cistern. These pipes and boxes shall be inspected
and cleaned at of any accumulated debris quarterly. The cistern discharges into a discharge manifold
Page 30 of 39
KAPPA Surveying & Engineering, Inc 8707 La Mesa Blvd, La Mesa, CA 91942 Voice: 619-465-8948 Fax 619-465-6410
Water Quality Technical Report for 14144 Sky Mountain Trail, Poway, CA (Kappa #: 280014)
consisting of a 12" square vault with a removable lid at finished grade. The vault contains the two
orificed inlet pipes and one 4" overflow pipe from the cistern. Each of the orificed inlet pipes consist of
sliding shear gate with a 0.5" drilled hole for the orifice. Each year before the start of the rainy season,
each of these orifices must be cleaned. Cleaning is accomplished by raising and lowering the shear gates
several times. The gates are each attached to a vertical rod rising up inside of the manifold within reach
after opening the lid. Also, any debris must be removed from the bottom of the discharge manifold so
that water from the cistern can freely flow to the treatment biofilter
BIOFILTRATION BMP AREAS
Biofiltration BMP devices, will be checked twice each year, at the end of the rainy season in May and
again before the rainy season starts, in September. The inspection should make sure that the
biofiltration area is neat and not clogged with trash or debris. Also check to make sure the plants are
alive and growing. The top shall be removed from the upstream cleanout -riser for the bottom -drain
(perforated pipe). It shall be checked for proper flow by running a small amount of water down the
cleanout. If the water is seen discharging from the treatment area, it is acceptable. If clogging is found,
then clean out the pipe by snaking it. If plants are not growing well, then replace them with new
suitable plants.
KEEP RECORDS OF INSPECTION
When maintenance is performed, it shall be noted in a permanent record kept at the project site and if
required by the City, it shall be filed annually with the City.
End of Report -----
Page 31 of 39
KAPPA Surveying & Engineering, Inc 8707 La Mesa Blvd, La Mesa, CA 91942 Voice: 619-465-8948 Fax: 619-465-6410