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Storm Water Trash Facilities Maintenance Agreement 2021-0105726RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2021-0105726 1111111111111111 111 111111111111 11111 1111 11111 11 11111 1111111111111 Feb 10, 2021 03:39 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 21 (THIS SPACE FOR RECORDER'S USE) APNs: 317-130-63, 317-130-64, and 317-130-73 STORM WATER TRASH FACILITIES MAINTENANCE AGREEMENT Poway Town and Country (B19-2535/TA20-007) 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 Trash Facilities is entered into between the Property Owner(s) Liberty Creek BD Partners, a Delaware limited liability company, as to an 80% tenant-in-common interest, and Liberty Creek BP Partners, a Delaware limited liability company, as to a 20% tenant-in-common interest (for APNs 317-130-63 and 317-130-73), and Bellflower 111 Partners LLC, a California limited liability company (for APN 317-130-64), (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 tenant and exterior fapade improvements in accordance with applications for a Minor Development Review MDRA20-005, which are on file with the CITY. This Agreement is required as a condition of approval for such development. 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 Trash Facilities which are identified as "Best Management Practices" or "BMPs": Four (4) Bio -Clean 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 B19-2535. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness and the approximate SWTFMA (B19-2535/TA20-007) 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 impervious area may require the addition of or alteration of storm water facilities and strategies, no impervious area or additional drains may be added to the project site without prior approval from the City 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 Trash 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 SWTFMA (B19-2535/TA20-007) Page 2 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, 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 upon reasonable 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 lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally SWTFMA (B19-2535/TA20-007) Page 3 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. 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. SWTFMA (B19-2535/TA20-007) Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNERS for APNs 317-130-63 and 317-130-73 Liberty Creek BD Partners a Delaware limited liability company as to an 80% tenant-in-common interest By: Becker Properti-s C, A Califorra li t -./ability company Its man. `m• =r r� r By: B ad Becker, Manager Liberty Creek BP Partners a Delaware limited liability company as to a 20% tenant-in-common interest By: Becker D-velo e, LC, A Calif•, Tia I it • f "ability company Its By Brad Becker, Manager OWNER for APN 317-130-64: Bellflower 111 Partners LLC, a California limited liability company By: Becker Pro •ertis LL A Califo Its ma By: ty company dad Bec er, Manager Date: F/ / (signatures must be notarized) SWTFMA (B19-2535/TA20-007) Page 5 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 County of On J �� 2.0 before me, r� Notary Public, Date Here Insert Name and Title of the Officer personally appeared 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WESTON DEWITT Notary Public • California San Diego County Commission # 2340602 My Comm. Expires Dec 20, 2024 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signa u 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Ci Partner — ❑ Limited LI General u Individual Lii Attorney in Fact El Trustee TI Guardian or Conservator L Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): ❑ Partner — L_l Limited [11 General J Individual Li Attorney in Fact -1 Trustee TI Guardian or Conservator Li Other: Signer Is Representing: 'ertia'i'±'.'a+'y'm'�'_ .L,Me/.�y y,., ti ,;",.d,y, ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CITY OF POWAY: Rob rt J. Manis Director of Development Services ,a( -e;) APPROVED AS TO FORM: Office of the City Attorn-y Ala enstermacher City Attorney Date: 0/3/a (signature must be notarized) 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 4 Me •dy P.E. City Engineer SWTFMA (B19-2535/TA20-007) Page 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 a<av- w_a air a -a ww-�`as-.a-a 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 February 4, 2021 before me, Yvonne Mannion Notary Public, Date 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 Commission # 2201766 My Comm, Expires Jun 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 . kil/0fl-r0-- A4n. Signature of Notary 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: Storm Water Trash Facilities Maintenance Agree. TA20-007 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: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: vev�r ve �x s,ec. r < ccc��c��r ccs ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CERTIFICATE OF ACCEPTANCE (Storm Water Trash 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 i 1 \i , from Liberty Creek BD Partners, a Delaware limited liability company, as to an 80% tenant-in-common interest, and Liberty Creek BP Partners, a Delaware limited liability company, as to a 20% tenant-in- common interest (for APNs 317-130-63 and 317-130-73), and Bellflower 111 Partners LLC, a California limited liability company (for APN 317-130-64), 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: CITY OF POWAY Seal: Bv: SWTFMA (B19-2535/TA20-007) R• bent J. Mani Department of Developm='t Services EXHIBIT "A" ALL THAT CERTAIN REAL PROPERTY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: APN: 317-130-63 ADJUSTED PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE AS EVIDENCED BY DOCUMENT RECORDED SEPTEMBER 4, 1980 AS INSTRUMENT NO. 80-285139 OF OFFICIAL RECORDS, AS AMENDED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED JULY 23, 1981 AS INSTRUMENT NO. 81-232956 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 2 OF COUNTY OF SAN DIEGO TRACT NO. 3844-1 ACCORDING TO MAP THEREOF NO. 9561, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 20, 1980: TOGETHER WITH THAT PORTION OF LOT 3 OF SAID MAP NO. 9561 DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE WEST BOUNDARY OF SAID LOT 3 BEING ALSO THE SOUTHWEST CORNER OF LOT 2 OF SAID MAP NO. 9561; THENCE NORTH 88°43'41" WEST ALONG THE SOUTH LINE OF SAID LOT 2 A DISTANCE OF 113.20 FEET; THENCE SOUTH 1°16'19" WEST A DISTANCE OF 45.00 FEET; THENCE NORTH 88°43'41" WEST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 2 A DISTANCE OF 114.02 FEET TO A POINT IN THE WEST LINE OF SAID LOT 3 BEING ALSO A POINT IN THE EAST LINE OF COMMUNITY ROAD AS SHOWN ON SAID MAP 9561; THENCE NORTH 2°18'56" EAST ALONG SAID WEST LINE OF LOT 3 AND SAID EAST LINE OF COMMUNITY ROAD A DISTANCE OF 45.01 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 2 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENCE NORTH 1°16'19" EAST ALONG THE MOST EASTERLY LINE OF SAID LOT A DISTANCE OF 133.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°43'41" WEST A DISTANCE OF 65.42 FEET; THENCE NORTH 1°16'19" EAST A DISTANCE OF 3.92 FEET TO AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 88°43'41" EAST A DISTANCE OF 65.42 FEET TO AN ANGLE POINT IN THE MOST EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 1°16'19" WEST ALONG SAID MOST EASTERLY LINE A DISTANCE OF 3.92 FEET TO THE TRUE POINT OF BEGINNING. APN: 317-130-64 LOT 3 OF COUNTY OF SAN DIEGO TRACT 3844-1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 9561, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON FEBRUARY 20, 1990; TOGETHER WITH THAT PORTION OF LOT 2 OF SAID MAP NO. 9561 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENCE NORTH 1 ° 16' 19" EAST ALONG THE MOST EASTERLY LINE OF SAID LOT A DISTANCE OF 133.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88° 43' 41" WEST A DISTANCE OF 65.42 FEET; THENCE NORTH 1° 16' 19" EAST A DISTANCE OF 3.92 FEET TO AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 88° 43' 41" EAST A DISTANCE OF 65.42 FEET TO AN ANGLE POINT IN THE MOST EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 1° 16' 19" WEST ALONG SAID MOST EASTERLY LINE A DISTANCE OF 3.92 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 3 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY, SOUTHEAST CORNER OF SAID LOT 3 BEING ALSO THE NORTHEAST CORNER OF LOT 5 OF SAID MAP NO. 9561; THENCE NORTH 88° 43' 41" WEST ALONG THE NORTH LINE OF SAID LOT 5 AND THE SOUTHERLY LINE OF SAID LOT 3 A DISTANCE OF 120.00 FEET; THENCE SOUTH 1° 16' 19" WEST ALONG THE WEST LINE OF LOT 5 AND THE EASTERLY LINE OF LOT 3 A DISTANCE OF 150.00 FEET TO THE SOUTHWEST CORNER OF LOT 5 BEING ALSO THE MOST SOUTHERLY, SOUTHEAST CORNER OF SAID LOT 3 AND BEING ALSO A POINT IN THE NORTH LINE OF POWAY ROAD; THENCE NORTH 88° 43' 41" WEST ALONG SAID NORTH LINE A DISTANCE OF 15.00 FEET; THENCE NORTH 1° 16' 19" EAST PARALLEL WITH THE WEST LINE OF SAID LOT 5, A DISTANCE OF 160.00 FEET; THENCE SOUTH 88° 43' 41" EAST, PARALLEL WITH THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 150.00 FEET TO A POINT IN THE EAST LINE OFSAID LOT 3; THENCE SOUTH 1 ° 16' 19" WEST ALONG SAID EAST LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 3 DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE WEST BOUNDARY OF SAID LOT 3 BEING ALSO THE SOUTHWEST CORNER OF LOT 2 OF SAID MAP NO. 9561; THENCE SOUTH 88° 43' 41" EAST ALONG THE SOUTH LINE OF SAID LOT 2 A DISTANCE OF 113.20 FEET; THENCE SOUTH 1° 16' 19" WEST A DISTANCE OF 45.00 FEET; THENCE NORTH 88° 43' 41" WEST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 2 A DISTANCE OF 114.02 FEET TO A POINT IN THE WEST LINE OF SAID LOT 3 BEING ALSO A POINT IN THE EAST LINE OF OMMUNITY ROAD, AS SHOWN ON SAID MAP NO. 9561; THENCE NORTH 2° 18' 56" EAST ALONG SAID WEST LINE OF LOT 3 AND SAID EAST LINE OF COMMUNITY ROAD A DISTANCE OF 45.01 FEET TO THE POINT OF BEGINNING. SAID PROPERTY BEING DESCRIBED AS ADJUSTED PARCEL "B" IN A CERTIFICATE OF COMPLIANCE RECORDED ON SEPTEMBER 4, 1980 AS INSTRUMENT NO. 80-285139, OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. APN: 317-130-73 ADJUSTED PARCEL B OF CERTIFICATE OF COMPLIANCE 81-201 RECORDED DECEMBER 9, 1981 AS INSTRUMENT NO. 81-385935 OF OFFICIAL RECORDS, AS AMENDED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED JULY 23, 1981 AS INSTRUMENT NO. 81- 232956, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 4 OF COUNTY OF SAN DIEGO TRACT NO. 3844-1, ACCORDING TO MAP NO. 9561, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 20, 1980. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 4 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY, SOUTHEAST CORNER OF SAID LOT 4 BEING ALSO THE NORTHEAST CORNER OF LOT 6 OF SAID MAP 9561; THENCE NORTH 88°43'41" WEST ALONG THE NORTHERLY LINE OF SAID LOT 6 AND THE SOUTHERLY LINE OF SAID LOT 4 A DISTANCE OF 105.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTH 1°16'19" WEST ALONG THE WESTERLY LINE OF SAID LOT 6 AND THE EASTERLY LINE OF SAID LOT 4 A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6 BEING ALSO THE MOST SOUTHERLY, EASTERLY CORNER OF SAID LOT 4 AND A POINT IN THE NORTHERLY LINE OF POWAY ROAD; THENCE NORTH 88°43'44" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 4 AND THE NORTHERLY LINE OF POWAY ROAD A DISTANCE OF 10.00 FEET; THENCE NORTH 1°16'19" EAST, PARALLEL WITH THE WEST LINE OF SAID LOT 6 A DISTANCE OF 144.00 FEET; THENCE SOUTH 88°43'41" EAST, PARALLEL WITH THE NORTH LINE OF SAID LOT 6 A DISTANCE OF 115.00 FEET TO A POINT IN THE MOST EASTERLY, EAST LINE OF SAID LOT 4; THENCE SOUTH 1°16'19" WEST ALONG SAID EAST LINE A DISTANCE OF 34.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 4 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY, SOUTHWEST CORNER OF SAID LOT 4 BEING ALSO THE SOUTHEAST CORNER OF LOT 5 OF SAID MAP NO. 9561, BEING ALSO A POINT IN THE NORTH LINE OF POWAY ROAD; THENCE NORTH 1°16'19" EAST ALONG THE EAST LINE OF SAID LOT 5 AND THE WEST LINE OF SAID LOT 4 A DISTANCE OF 160.00 FEET; THENCE SOUTH 88°43'41" EAST, PARALLEL WITH THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 15.00 FEET; THENCE SOUTH 1°16'19" WEST, PARALLEL WITH THE EAST LINE OF SAID LOT 5 AND THE WEST LINE OF SAID LOT 4 A DISTANCE OF 160.00 FEET TO A POINT IN THE NORTH LINE OF POWAY ROAD; THENCE NORTH 88°43'41" WEST ALONG THE NORTH LINE OF POWAY ROAD A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. COMMUNITY ROAD APN: 317-130-6300 LOT 2 1"=120' M. r APN: 317-130-6400 LOT 3 \ \ \ APN: 317-130-5200 LOT 1 MU MD • :t111111 • I APN: 317-130-7400 • I 317-130-7500 LOT 5 LOT 6 - - I 1 I POWAY ROAD STORMWATER BMP KEYNOTES 0 INSTALL 36"X42 CURB INLET, BIO -GRATE -FULL -36-36-24 0 INSTALL 36"X24" CATCH BASIN INLET, BIO -GRATE -FULL -36-36-24 ® EXISTING TRASH CAPTURE BMP. NO WORK REQUIRED ISSUE DATE 07/24/20 RERIM 9449 BALBOA AVE, STE 270 SAN DIEGO, CA 92123 619.299.5550 STORMWATER BMP EXHIBIT B POWAY TOWN AND COUNTRY 13414-13510 POWAY RD. POWAY CA 92064 SHEET 1 OF 1 OPERATION & MAINTENANCE Bio Clean Environmental Services, Inc. 398 Via El Centro Oceanside, CA 92058 www.BioCleanEnvironmental.com p: 760.433.7640 f: 760.433.3176 BioCIean A Forterra Company OPERATION & MAINTENANCE The Bio Clean Grate Inlet Filter is a stormwater device designed to remove high levels of trash, debris, sediments and hydrocarbons. The filter is available in several configurations including trash full capture, multi-level screening, Kraken membrane filter and media filter variations. This manual covers maintenance procedures of the trash full capture and multi-level screening configurations. A supplemental manual is available for the Kraken and media filter variations. This filter is made of 100% stainless steel and is available and various sizes and depths allowing it to fit in any grated catch basin inlet. The filters heavy duty construction allows for cleaning with any vacuum truck. The filet can also easily be cleaned by hand. As with all stormwater BMPs, inspection and maintenance on the Grate Inlet Filter is necessary. Stormwater regulations require BMPs be inspected and maintained to ensure they are operating as designed to allow for effective pollutant removal and provide protection to receiving water bodies. It is recommended that inspections be performed multiple times during the first year to assess site- specific loading conditions. This is recommended because pollutant loading can vary greatly from site to site. Variables such as nearby soil erosion or construction sites, winter sanding of roads, amount of daily traffic and land use can increase pollutant loading on the system. The first year of inspections can be used to set inspection and maintenance intervals for subsequent years. Without appropriate maintenance a BMP can exceed its storage capacity which can negatively affect its continued performance in removing and retaining captured pollutants. HFgh Flee -- Bypass FIIter Basket Outlet P Hydrocarbon Boom Mount Flange 11Page Bio v Clean A Forterra Company Inspection Equipment Following is a list of equipment to allow for simple and effective inspection of the Grate Inlet Filter: • Bio Clean Environmental Inspection Form (contained within this manual). • Manhole hook or appropriate tools to remove access hatches and covers. • Appropriate traffic control signage and procedures. • Protective clothing and eye protection. • Note: entering a confined space requires appropriate safety and certification. It is generally not required for routine inspections or maintenance of the system. Inspection Steps The core to any successful stormwater BMP maintenance program is routine inspections. The inspection steps required on the Grate Inlet Filter are quick and easy. As mentioned above the first year should be seen as the maintenance interval establishment phase. During the first year more frequent inspections should occur in order to gather loading data and maintenance requirements for that specific site. This information can be used to establish a base for long-term inspection and maintenance interval requirements. The Grate Inlet Filter can be inspected though visual observation. All necessary pre -inspection steps must be carried out before inspection occurs, such as safety measures to protect the inspector and nearby pedestrians from any dangers associated with an open grated inlet. Once the grate has been safely removed the inspection process can proceed: • Prepare the inspection form by writing in the necessary information including project name, location, date & time, unit number and other info (see inspection form). • Observe the filter with the grate removed. • Look for any out of the ordinary obstructions on the grate or in the filter and its bypass. Write down any observations on the inspection form. • Through observation and/or digital photographs estimate the amount of trash, foliage and sediment accumulated inside the filter basket. Record this information on the inspection form. • Observe the condition and color of the hydrocarbon boom. Record this information on the inspection form. • Finalize inspection report for analysis by the maintenance manager to determine if maintenance is required. 21Page B A Forterra Company Maintenance Indicators Based upon observations made during inspection, maintenance of the system may be required based on the following indicators: • Missing or damaged internal components. • Obstructions in the filter basket and its bypass. • Excessive accumulation of trash, foliage and sediment in the filter basket. Maintenance is required when the basket is greater than half -full. • The following chart shows the 50% and 100% storage capacity of each filter height: Model Filter Basket Diameter (in) Filter Basket Height (in) 50% Storage Capacity (cu ft) 100% Storage Capacity (cu ft) BC -GRATE -12-12-12 10.00 12.00 0.27 0.55 BC -GRATE -18-18-18 16.00 18.00 1.05 2.09 BC -GRATE -24-24-24 21.00 24.00 2.41 4.81 BC -GRATE -30-30-24 27.00 24.00 3.98 7.95 BC -GRATE -36-36-24 33.00 24.00 5.94 11.88 BC -GRATE -48-48-18 44.00 18.00 7.92 15.84 Maintenance Equipment It is recommended that a vacuum truck be utilized to minimize the time required to maintain the Curb Inlet Filter, though it can easily cleaned by hand: • Bio Clean Environmental Maintenance Form (contained in O&M Manual). • Manhole hook or appropriate tools to remove the grate. • Appropriate safety signage and procedures. • Protective clothing and eye protection. • Note: entering a confined space requires appropriate safety and certification. It is generally not required for routine maintenance of the system. Small or large vacuum truck (with pressure washer attachment preferred). Maintenance Procedures It is recommended that maintenance occurs at least two days after the most recent rain event to allow debris and sediments to dry out. Maintaining the system while flows are still entering it will increase the time and complexity required for maintenance. Cleaning of the Grate Inlet Filter can be performed utilizing a vacuum truck. Once all safety measures have been set up cleaning of the Grate Inlet Filter can proceed as followed: 31 BIO v Clea n A Forterra Company • Remove grate (traffic control and safety measures to be completed prior). • Using an extension on a vacuum truck position the hose over the opened catch basin. Insert the vacuum hose down into the filter basket and suck out trash, foliage and sediment. A pressure wash is recommended and will assist in spraying of any debris stuck on the side or bottom of the filter basket. Power wash off the filter basket sides and bottom. • Next remove the hydrocarbon boom that is attached to the inside of the filter basket. The hydrocarbon boom is fastened to rails on two opposite sides of the basket (vertical rails). Assess the color and condition of the boom using the following information in the next bullet point. If replacement is required install and fasten on a new hydrocarbon boom. Booms can be ordered directly from the manufacturer. • Follow is a replacement indication color chart for the hydrocarbon booms: Excellent Condition Good Condition Minimal Capacity Replacement Required • The last step is to replace the grate and remove all traffic control. • All removed debris and pollutants shall be disposed of following local and state requirements. • Disposal requirements for recovered pollutants may vary depending on local guidelines. In most areas the sediment, once dewatered, can be disposed of in a sanitary landfill. It is not anticipated that the sediment would be classified as hazardous waste. • In the case of damaged components, replacement parts can be ordered from the manufacturer. Hydrocarbon booms can also be ordered directly from the manufacturer as previously noted. Maintenance Sequence BiotCiear, A Forterra Company Remove grate and set up vacuum truck to clean the filter basket. Insert the vacuum hose down into the filter basket and suck out debris. Use a pressure washer to assist in vacuum removal. Pressure wash off screens. 51 Page BioICIean A Forterra Company Remove the hydrocarbon boom that is attached to the inside of the filter basket. The hydrocarbon boom is fastened to rails on two opposite sides of the basket (vertical rails). Assess the color and condition of the boom using the following information in the next bullet point. If replacement is required install and fasten on a new hydrocarbon boom. Close up and replace the grate and remove all traffic control. All removed debris and pollutants shall be disposed of following local and state requirements. lean A Forterra Company Inspection and Maintenance Report Catch Basin Only 'roject Name 'roject Address )caner / Management Company :ontact ispector Name (city) (Zip Code) 'ype of Inspection 0 Routine Veather Condition Phone ( Date / / ❑ollow Up Qomplaint Utorm Additional Notes Time (uale) Office {ers Storm Event in Last 72 -hours? Ds AM / PM Site Map # GPS Coordinates of Insert Catch Basin Size Evidence of Illicit Discharge? Trash Accumulation Foliage Accumulation Sediment Accumulation Signs of Structural Damage? Functioning Properly or Maintenance Needed? 1 Lat: Long: 2 Lat: Long: Lat: Long: 4 Lat: Long: 5 Lat: Long: 6 Lat: Long: Lat: Long: 8 Lat: Long: 10 Lat: Long: 11 Lat: Long: 12 Lat: Long: :omments: 398 Via El Centro, Oceanside, CA 92058 P. 760.433.7640 F. 760.433.3176