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Storm Water Management Facilities Maintenance Agreement 2020-0362814RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2020-0362814 1111 1111 11111 1 111 111111 1 111 1 11111 1 11111 11111 11111I 1111 Jul 09, 2020 09:42 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 14 (THIS SPACE FOR RECORDER'S USE) APN: 317-130-72 STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT Wal-Mart (TA19-015) 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) Wal-Mart Real Estate Business Trust, (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 undergoing site and interior improvements, in accordance with applications for building permit B19- 1726, which is on file with the CITY. This Agreement is required as a condition of approval for such improvements. WHEREAS, in accordance with the California Regional Water Quality Control Board San Diego Region Order Number R9-2017-0077, (hereinafter referred to collectively as "Trash Amendment"), 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 and trash generation from the PROPERTY be managed by the use of the following Storm Water Management Facilities which are identified as "Best Management Practices" or "BMPs": Three connector pipe screens and six inlet filters located throughout the site as shown on Exhibit B The precise location(s) and extent of the BMPs are indicated on the approved building plans on file with CITY's Development Services Department as B19-1726. The manner and standards by which the BMPs 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 Exhibit "C". Because additional area may require the addition of or alteration of storm water management facilities and strategies, no additional drains may be added to the project site without prior approval from the City ',�.0 ��,':( Engineer. 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. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference and constitute a part of this AGREEMENT 2. 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. 3. 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. 4. 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 afar 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, SWMFMA (TA19-015) Page 2 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, 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. 5. 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. 6. 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 7. 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 (specifically including but not limited to OWNER's alleged noncompliance with the Trash Amendment or the Stormwater Ordinance), 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. 8. Allocation of Costs. Following the sale or transfer of any individual residential Tots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally by all lot owners, and paid by each lot owner or his or her heirs, assigns and successors in interest. This requirement shall be binding on all lot owners in the subdivision, and each shall be responsible for his or her equal share of the cost associated with the maintenance. SWMFMA (TA19-015) Page 3 9. 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. 10. 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. 11. 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. 12. 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. 13. Attorney's Fees. The prevailing party in any action or proceeding to enforce or interpret the terms of this Agreement shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: Wal-Mart Real Estate Business Trust BY ''''/-moi Date: %2- l/- hp TR Rose Sr. Director Real Estate West (signature must be notarized) SWMFMA (TA19-015) Page 4 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 .arlhounscLs ) COUNTY OF '3er*c - ) On 1011 IG I la before me, 1 1 rc\ . 6 ax Orr.. , N OA-axi u \, c' (insert name and title of the offs r) personally appeared 1 hi %OSP. Sr. Director Real Estate West , 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. WITNESS my hand and official seal. GI art...6..c._, (Seal) Notary Pul�Kc My Commission Expires: 5-1,13-, OFFICIAL SEAL LISA M. GARCIA WASHINGTON COUNTY NOTARY PUBLIC - ARKANSAS MY COMMISSION ISIIOONX12360574 02027 CITY OF P•WAY: Rose J. Manis Director of Development Services APPROVED AS TO FORM: Office of the City Attorney Date: (signature must be notarized) Alan F.ernstermacher, City Attorney Attachments 1. Certificate of Acceptance 2. Exhibit A — Legal Description of Property 3. Exhibit B — Location of BMPs 4. Exhibit C — Operation and Maintenance Plan APPROVED AS TO CONTENT: Engineering Division ,jj' Melody ! . ' occo, P.E. City Engineer M:\engserv\Land Development Projects\2019\TA19-\TA19-015 - Wal-Mart\Wal-Mart SWMFMA.docx SWMFMA (TA19-015) Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 `,c:C�:FA'.c�(`rc-�.c�,c�l�',c�'.c�A'.c�..c�P'-,�`�.cK''.c��,r-�.c�E.e:lTc�=.c�C'�„�F'.t-�0'".�£-",c-�A=.c•A.c�".c:F.rF".c�F.c�i �,c��,c�''.c-r-.%P'.t'�f�'�.c�c�=.r-�C'',.c-�2"c�C-`�,cP-,��� 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 ~I sfii 02l , Date before me, Yvonne Mannion Notary Public Here Insert Name and Title of the Officer personally appeared Robert J. 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. YVONNE MANNION Notary Public -California San Diego County Commission6 •"'r My Comm. Expiress Jun Jun 18 18,, 2021 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 IL tA7 st- _ A -116o -,M1'1•• OPTIONAL Signature of Notary Public 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 Water Trash Facilities Maintenance Agreement TA19-015 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 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 5 of the attached document dated t \ fa't 11 a1 , from Wal-Mart Real Estate Business Trust, 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: 57.),A6 CITY OF POWAY Seal: By: /4/ R bert J. Manis Department of Development Services SWMFMA (TA19-015) Page 6 EXHIBIT 'A" TRASH AMENDMENT - OPERATIONS AND MAINTENANCE PLAN 13425 COMMUNITY ROAD, POWAY, CA 92064 LEGAL DESCRIPTION: SHEET 1 OF 2 PARCEL A: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PINT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 170.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, WITH THE WESTERLY LINE OF THE COUNTY ROAD AS SHOWN ON THE MAP OF COUNTY ROAD SURVEY NO. 335. A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEY OF SAID SAN DIEGO COUNTY AND COMMONLY KNOWN AS MIDLAND AVENUE; THENCE ALONG THE WESTERLY LINE OF SAID AVENUE, NORTH 0° 10' WEST TO THE BEGINNING OF A TANGENT 175.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY IN SAID WESTERLY LINE: THENCE ALONG THE NORTHERLY PROLONGATION OF THE LAST MENTIONED BEARING NORTH 0° 10' WEST, TO A LINE WHICH IS PARALLEL WITH AND DISTANT 55.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE WESTERLY ALONG SAID PARALLEL LINE 165.00 FEET; THENCE SOUTH 0° 10' EAST, 115.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE NORTHERLY 170.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE EASTERLY ALONG SAID LINE 165.00 FEET TO THE POINT OF BEGINNING. PARCEL B: ALL THAT PORTION OF THE SOUTHWEST QUITTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 170.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, WITH THE WESTERLY LINE OF THE COUNTY ROAD AS SHOWN ON THE MAP OF COUNTY ROAD SURVEY NO. 335, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF' THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY AND COMMONLY KNOWN AS MIDLAND AVENUE; THENCE ALONG THE WESTERLY LINE OF SAID AVENUE, NORTH 0° 10' WEST TO THE BEGINNING OF A TANGENT 175.00 FEET RADIUS CURVE CONCAVE SOUTHEASTERLY IN SAID WESTERLY LINE, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE TO AN INTERSECTION WITH A LINE WHICH IS PARALLEL WITH AND DISTANT 55.00 FEET SOUTHERLY, MEASURED. AT RIGHT ANGLES FROM THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, THENCE WESTERLY ALONG SAID PARALLEL LINE TO AN INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE LAST MENTIONED BEARING DESIGNATED "NORTH 0° 10' WEST", FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PROLONGATION SOUTH 0° 10' EAST TO THE TRUE POINT OF BEGINNING. Nasland Civil Englnaaring • Surveying • Land Planning 4740 Ruffner Street, San Diego, CA 92111 (858) 292-7770 . nasland.com REV. DATE 10/24/2019 ASSESSOR'S PARCEL NUMBER: 317-130-72-00 LOTS: A, B, C, D, AND E EXHIBIT "A' TRASH AMENDMENT - OPERATIONS AND MAINTENANCE PLAN 13425 COMMUNITY ROAD, POWAY, CA 92064 LEGAL DESCRIPTION: PARCEL C: ALL THAT PORTION LYING WITHIN THE NORTH 170 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, THENCE SOUTHERLY ALONG THE CENTERLINE OF ROAD SURVEY 335-65, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, 170 FEET MORE OR LESS TO THE SOUTHERLY LINE OF SAID NORTH 170 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 42 FEET MORE OR LESS TO THE WESTERLY LINE OF SAID ROAD SURVEY 335-65 AND THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE BEGINNING OF A 20 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY AND TANGENT TO SAID WESTERLY LINE AND A LINE THAT IS PARALLEL WITH AND DISTANT 60 FEET AT RIGHT ANGLES SOUTHERLY FROM THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER.; THENCE NORTHERLY AND WESTERLY ALONG SAID 20 FOOT RADIUS CURVE TO SAID PARALLEL LINE; THENCE WESTERLY ALONG SAID PARALLEL LINE TO A POINT ON THE WESTERLY LINE OF ROAD SURVEY 335 DATED APRIL 1917 AND FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID WESTERLY LINE TO A POINT ON THE SOUTHERLY LINE OF SAID NORTH 170 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING. PARCEL D: PARCEL 1 OF PARCEL MAP NO. 16871, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 10, 1992 OF OFFICIAL RECORDS. PARCEL E: A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS OVER AND ACROSS THAT PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 16871, AS DESCRIBED AND DELINEATED IN A RECIPROCAL EASEMENT RECORDED JULY 20, 1992 AS FILE NO. 1992-0452666 OF OFFICIAL RECORDS. Nasland OrII Enginaadng• Surveying • Land Planning 4740 Ruffner Street, San Diego, CA 92111 (858) 292-7770 . nas)and.com REV. DATE 10/24/2019 SHEET 2 OF 2 ASSESSOR'S PARCEL NUMBER: 317-130-72-00 LOTS: A, B, C, D, AND E EXHIBIT "B" TRASH AMENDMENT - OPERATIONS AND MAINTENANCE PLAN 13425 COMMUNITY ROAD, POWAY, CA 92064 SHEET 1 OF 1 141IIIII III IIIIII SITE MAP NTS BMP LEGEND: OA NEW 24" LONG X 24" WIDE X 12" DEEP, DRAINPAC, MODEL NO. USW -5, STORMDRAIN DROP INLET FILTER, BY UNITED STORMWATER INC. © ADS - CONNECTOR PIPE SCREEN, WITH QUICK RELEASE LID, MODEL 3L18H-8-U-EXT, BY FLEXSTORM. Nasland Civil Englnoaring • Surveying • land Planning 4740 Ruffner Street, San Diego, CA 92111 (656) 292-7770. nasland.com REV. DATE 10/24/2019 EXHIBIT "C" TRASH AMENDMENT - OPERATIONS AND MAINTENANCE PLAN 13425 COMMUNITY ROAD, POWAY, CA 92064 SHEET 1 OF 3 DRAIN PAC DROP INLET INSERT FILTER MAINTENANCE PROCEDURE: INSPECTION DURING CLEANING PROCESS: THE WASTE MATERIAL INSIDE THE DRAIN PAC SHOULD BE VISUALLY INSPECTED PRIOR TO CLEANING FOR ANY OBVIOUS CONTAMINATION FROM ILLEGAL DUMPING. THE WASTE MATERIAL IN THE DRAIN PAC SHOULD BE CLASSIFIED FOR EXAMPLE; GREEN WASTE, SEDIMENT, TRASH & LITTER OR OTHER. ALL INSPECTIONS AND CLEANING SHOULD BE RECORDED AND DOCUMENTED.A SAMPLE OF THE STORM DRAIN WASTE SHOULD BE ANALYZED FOR HEAVY METALS AND HYDROCARBONS FOR PROPER CLASSIFICATION AND DISPOSAL. IF THE STORM DRAIN IS CLASSIFIED AS HAZARDOUS, THE ANALYSIS SHOULD BE REPEATED FOR ALL DISPOSALS UNTIL THE CLASSIFICATION IS CHANGED TO NON -HAZARDOUS. DRAIN PAC FILTERS SHOULD BE INSPECTED AND REPLACE IS THERE ARE ANT HOLES, RIPS OR PETROLEUM HYDROCARBON BUILD-UP. MINIMUM REQUIREMENT FOR INSPECTION OF THE UNIT IS ON A QUARTERLY BASIS DURING THE DRY SEASON (JUNE THROUGH SEPTEMBER) AND ON A MONTHLY BASIS DURING THE WET SEASON (OCTOBER THROUGH MAY). ACCORDING TO THE STATE OF CALIFORNIA WATER RESOURCES CONTROL BOARD, STORM WATER DISCHARGE VISUAL OBSERVATIONS ARE REQUIRED FOR AT LEAST ONE STORM EVENT PER MONTH DURING THE WET SEASON. THE VISUAL OBSERVATION MUST BE CONDUCTED DURING THE FIRST HOUR OF DISCHARGE AT ALL DISCHARGE LOCATIONS. EQUIPMENT REQUIRED FOR CLEANING: DRAIN PAC SHOULD BE CLEANED BY VACUUM. THE CLEANING SCHEDULE WILL VARY ON THE OVERALL GOOD HOUSEKEEPING AND OTHER BEST MANAGEMENT PRACTICES APPLIED TO THE SITE. ON AVERAGE, THE DRAIN PAC WILL REQUIRE CLEANING ON A QUARTERLY BASIS. UNITED STORM WATER, INC. STRONGLY RECOMMENDS CLEANING THE UNIT PRIOR TO THE WET SEASON AND AFTER THE FIRST STORM EVEN WITH 4" OF RAIN. VACUUM CLEANING REQUIRES THAT THE DROP INLET CAN BE CLEANED IN PLACE WITH USE OF INDUSTRIAL VACUUM TRUCK/TRAILER CAPABLE OF PULLING 850 CUBIC FEET OF AIR PER MINUTE. THE WASTE MATERIAL CAN THEN BE DUMPED INTO A CONTAINER FOR ANALYSIS AND DISPOSAL. CONFINED SPACE PROCEDURES MUST BE FOLLOWED AT TIMES. TRANSPORTATION AND DISPOSAL: IF THE STORM DRAIN WASTE IS CLASSIFIED AS HAZARDOUS, THE WASTE IS TREATED AS ANY OTHER HAZARDOUS WASTE. THE WASTE MUST BE STORED IN A SEALED CONTAINER AND APPROVED FOR PROPER STORAGE, TRANSPORTATION AND DISPOSAL. THE WASTE MUST BE PROPERLY LABELED WITH THE PROPER DOT SHIPPING NAME AND CAN BE ACCUMULATED FOR 90 DAYS ONSITE IN MOST CASES. LICENSED HAZARDOUS WASTE TRANSPORTERS MUST TRANSPORT THE WASTE FOR DISPOSAL AT AN APPROVED DISPOSAL SITE. IF THE STORM DRAIN WASTE IS NON -HAZARDOUS, THE WASTE CAN BE PLACED IN NORMAL TRASH FOR A CLASS III LANDFILL. Nasland CM EnginNring • Surveying • land Planning 4740 Ruffner Street, San Diego, CA 92111 (858) 292-7770 . naslandcom REV. DATE 10/24/2019 EXHIBIT "C" TRASH AMENDMENT - OPERATIONS AND MAINTENANCE PLAN 13425 COMMUNITY ROAD, POWAY, CA 92064 CONNECTOR PIPE SCREEN MAINTENANCE PROCEDURE: MAINTENANCE FREQUENCY: SHEET 2 OF 3 SHOULD BE CLEANED TWO TIMES A YEAR OR IF DEBRIS HAS FILLED ABOVE 40% LEVEL INSIDE OF THE CATCH BASIN. THE CONNECTOR PIPE SCREEN SHOULD BE INSPECTED AFTER THE FIRST RAIN OF THE WET SEASON. MAINTENANCE CONDITIONS AND MAINTENANCE STANDARDS: MAINTENANCE ACTIONS: 1) CLEAR TRASH AND DEBRIS LOCATED IMMEDIATELY IN FRONT OF CURB OPENING. 2) REMOVE VEGETATION GROWING ACROSS AND OR BLOCKING THE CURB INLET OPENING. 3) REMOVE ALL TRASH AND DEBRIS AND VEGETATION FROM INSIDE THE STORM DRAIN STRUCTURE. 4) REMOVE TRASH AND DEBRIS IN THE CONNECTOR PIPE OPENING, UPSTREAM OR DOWNSTREAM. 5) KNOCK OFF/REMOVE ALL DEBRIS THAT COVERS THE PERFORATED OPENINGS OF THE CONNECTOR PIPE SCREEN 6) ENSURE THERE IS NO STANDING WATER INSIDE OF THE STORM DRAIN STRUCTURE. 7) SWEEP A 2 FOOT AREA AROUND THE OPENING OF THE CURB INLET AND REMOVE ANY TRASH/DEBRIS RESULTING FROM THE CLEANUP OPERATIONS. METHOD OF REMOVAL: ALL TRASH AND DEBRIS REQUIRED TO BE REMOVED CAN BE REMOVED BY HAND OR BY TRUCK MOUNTED VACUUM. THE PARTY PERFORMING THE MAINTENANCE OPERATIONS SHALL NOT ALLOW ANY TRASH OR DEBRIS TO ENTER THE CONNECTOR PIPE OR MAIN LINE AS A RESULT OF THE CLEANOUTS OPERATIONS. TRANSPORTATION AND DISPOSAL: IF THE STORM DRAIN WASTE IS CLASSIFIED AS HAZARDOUS, THE WASTE IS TREATED AS ANY OTHER HAZARDOUS WASTE. THE WASTE MUST BE STORED IN A SEALED CONTAINER AND APPROVED FOR PROPER STORAGE, TRANSPORTATION AND DISPOSAL. THE WASTE MUST BE PROPERLY LABELED WITH THE PROPER DOT SHIPPING NAME AND CAN BE ACCUMULATED FOR 90 DAYS ONSITE IN MOST CASES. LICENSED HAZARDOUS WASTE TRANSPORTERS MUST TRANSPORT THE WASTE FOR DISPOSAL AT AN APPROVED DISPOSAL SITE. IF THE STORM DRAIN WASTE IS NON -HAZARDOUS, THE WASTE CAN BE PLACED IN NORMAL TRASH FOR A CLASS III LANDFILL. Nasland Civil Engineering • Surveying • Land Planning 4740 Ruffner Street San Diego, CA 92111 (958) 292-7770. nasland.com REV. DATE 10/24/2019 EXHIBIT "Cn SHEET 3 OF 3 TRASH AMENDMENT - OPERATIONS AND MAINTENANCE PLAN 13425 COMMUNITY ROAD, POWAY, CA 92064 MAINTENANCE LOG CATCH BASIN NO. FILTER TYPE FILTER SIZE DATE TECH SERVICE MATERIAL AMOUNT CONDITION COMMENTS DRAINPAC - DROP INLET 24"L X24"W X12"D DRAINPAC - DROP INLET 24"L X24"W X12"D DRAINPAC - DROP INLET 24"L X24"W X12"D DRAINPAC - DROP INLET 24"L X24"W X12"D DRAINPAC - DROP INLET 24"L X24"W X12"D DRAINPAC - DROP INLET 24"L X24"W X12"D ADS FLEXSTORM CONNECTOR PIPE SCREEN 3L18H-8-U- EXT 3'L X18"H ADS FLEXSTORM CONNECTOR PIPE SCREEN 3L18H-8-U- EXT 3'L X18"H ADS FLEXSTORM CONNECTOR PIPE SCREEN 3L18H-8-U- EXT 3'L X18"H LEGEND: GREEN - 1 TRASH - 2 Nasland REV. DATE 10/24/2019 Civil Engineering • Surveying • land Planning 4740 Ruffner Street, San Diego, CA 92111 (658) 292-7770. naslandcom SILT - 3