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Storm Water Management Facilities Maintenance Agreement 2021-0278524RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2021-0278524 1111111 111111111 111 11 1111 1111 1 11111 OHM1111 I I 1 11111 1111 111 Apr 09, 2021 04:27 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $77.00 (SB2 Atkins: $0.00) PAGES: 22 (THIS SPACE FOR RECORDER'S USE) APN: 323-070-17; 323-070-18; 323-070-19; 323-070-65 STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT Loma Cabrillo Horse Boarding Facility 15075 Sycamore Canyon Road (CUP06-009) 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 K & M Investments LP (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 a horse boarding facility, in accordance with applications for Conditional Use Permit 06-009 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 Facility which is identified as a "Best Management Practice" or "BMP": One vegetated swale as shown on Exhibit "B". The precise location and extent of the BMP is indicated on Exhibit "B" and required in accordance with applications for the Conditional Use Permit on file with CITY's Development Services Department as CUP06-009. The manner and standards by which the BMP 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 "C". WHEREAS, OWNER's representations that the BMP 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 BMP is 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 BMP, 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 BMP 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 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 SWMFMA Page 2 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 an easement over, under and across that portion of PROPERTY shown in Exhibit "D", 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. 7. Allocation of Costs. Following the sale or transfer of any of the individual residential lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally by all lot owners and paid by each lot owner or his or her heirs, assigns and successors in interest. This requirement shall be binding on all lot owners in the subdivision, and each shall be responsible for his or her equal share of the cost associated with the maintenance. 8. Agreement Binds Successors and Runs With the PROPERTY. It is understood and agreed that the terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROPERTY (including the interest of CITY or its successors in the easement granted herein). It is the intent of the parties hereto that this Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have consented to and become bound by all the provisions hereof. After the equestrian facility vacates the site, any reasonable necessary SWMFMA Page 3 restoration has been done to ensure there is no longer a concern for pollution arising out of operations under CUP06-09M, and the Conditional Use Permit is void, the City will terminate this Agreement and vacate the easement. 9. OWNER's Continuing Responsibilities Where Work Commenced or Permit Obtained. Notwithstanding any other provision of this Agreement, except the provisions for termination of this Agreement as provided in Paragraph 8 above, 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, according to the terms provided in Paragraph 8 above. 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. 12. 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: K & M Investments L P By: Allan Kuebler Its: Managing Member SWMFMA Date: /72 (Signature must be notarized) 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 County of San 0i�'c� On \,1 1I 1 Date before me, OY11Cia MGA � cl p o, 0-611 lJ , / Here Insert Name and Title of the Officer C personally appeared \\\xl CVR �C 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. 440 • XIOMARA MALDONADO Notary Public - California San Diego County Commission # 2317537 My Comm. Expires Jan 2, 2024 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 se Signature OPTIONAL ignature o otary 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): ❑ 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: ©2015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CITY F POWAY: Ao' Rob: rt J. Man Dire tor of Development Se ices APPROVED AS TO FORM: Officeiof the City Attorney, Date: 4-a (Signature must be notarized) Alan Fenstermacher, City Attorney Attachment 1. Certificate of Acceptance APPROVED AS TO CONTENT: Engineering Div' M ody City Engi SWMFMA Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s -- A CIVIL CODE § 1189 IN. 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 March 29, 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 OPTIONAL tgetak. 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:SW Management Document Date: Number of Pages: Signer(s) Other Than Named Above: Facilities Maintenance Agreement CUP06-009 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 — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: 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 4 of the attached document dated: 0/111 04), 2, , from K & M Investments LP 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: 31,3 Seal: SWMFMA CITY OF POWAY By: Ro/b rt J. Manis Director of Development Services Page 6 EXHIBIT W' LEGAL DESCRIPTION (APN 323-070-17) ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17 WHICH IS DISTANT THEREON 40 RODS EAST OF THE WEST QUARTER CORNER OF SAID SECTION; THENCE SOUTH ALONG A LINE <PW THE WEST LINE OF SAID SECTION 80 RODS; THENCE EAST ALONG A LINE <PW THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 RODS; THENCE NORTH ALONG A LINE <PW THE WEST LINE OF SAID SECTION 80 RODS TO A POINT ON SAID NORTH LINE THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE WEST ALONG SAID NORTH LINE 20 RODS TO THE POINT OF BEGINNING, AND; (APN 323-070-18) ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STALE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17 WHICH IS DISTANT THEREON 60 RODS EAST OF THE WEST QUARTER CORNER OF SAID SECTION; THENCE CONTINUING EAST ALONG SAID NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17 20 RODS; THENCE SOUTH ALONG A LINE <PW THE WEST LINE OF SAID SECTION 80 RODS; THENCE WEST ALONG A LINE <PW SAID NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 RODS; THENCE NORTH ALONG A LINE <PW THE WEST LINE OF SAID SECTION 80 RODS TO THE POINT OF BEGINNING, AND; (APN 323-070-19) ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER WHICH IS DISTANT THEREON 80 RODS EAST OF THE WEST QUARTER CORNER OF SAID SECTION; THENCE CONTINUING EAST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER 433 FEET; THENCE SOUTH ALONG A LINE <PW THE WEST LINE OF SAID SECTION 80 RODS THENCE WEST ALONG A LINE <PW SAID NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 433 FEET; THENCE NORTH ALONG A LINE < PW THE WEST LINE OF SAID SECTION 80 RODS TO THE POINT OF BEGINNING, TOGETHER WITH; (APN 323-070-65) A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER NORTH 00°16'50" WEST, 43.86 FEET (NORTH 00°11'20" WEST, 44.57 FEET) TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED TO JOHN F. HAUSMANN, ET UX, RECORDED DECEMBER 31, 1951 IN BOOK 4331, PAGE 351 OF OFFICIAL RECORDS; THENCE ALONG SOUTHERLY LINE OF SAID HAUSMANN'S LAND NORTH 88° 56'43" WEST, 757.16 FEET (NORTH 88°51'20" WEST, 745.12 FEET) TO THE SOUTHWEST CORNER OF SAID LAND; THENCE ALONG THE WESTERLY LINE OF SAID HAUSMANN'S LAND NORTH 01° 03'17" EAST, 410.90 FEET (NORTH 01°08'00" EAST) TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°56'03" EAST, 747.58 FEET (SOUTH 88°51'20" EAST, 739.14 FEET) TO THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID EAS I'ERLY LINE NORTH 00°16'50" WEST, 242.97 FEET (NORTH 00°11'20" WEST, 242.92 FEET); TI -HENCE NORTH 88° 56'03" WEST, 741.92 FEET (NORTH 88°51'20" WEST) TO THE WESTERLY LINE OF SAID HAUSMANN'S LAND; THENCE ALONG SAID WESTERLY LINE SOUTH 01° 03'17" EAST, 242.90 FEET (SOUTH 01°08'00" WEST, 242.91 FEET), MORE OR LESS, TO THE TRUE POINT OF BEGINNING, NOTE: LEGAL DESCRIPTION FOR APN 323-070-65 BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON R.O.S. 11975, AND ( ) REPRESNT RECORD DATA PER FILE/PAGE 88-193482 RECORDED 4/27/88 M 1411 ii w MIMI MI. >% 2-- —'01...--. r 0 SCALE: 1"=200' �' ff�-O - E R[d\% J L (\rd\% 3[--O/_O-8Z(\Fd\% '7 rTe 33 mI ado i NOANdo 321O1A1t13AS oIA BILL YEN & ASSOCIATE, INC. 0Civil Engineering • Site Planning • Surveying PREPARED BY: 91%/0.4i William Yen, RCE 3730 4t C/1 STORM WATER BMP OPERATION AND MAINTENANCE CUP 06-09M 10/11/2019 yS� 2 z: SI, N0 33730 (m' I Mr sr\ ClV1,-W qTE OF C ALF %' WO1920 13071 Poway Road, Poway, CA 92064 • (858) 679-8010 • billyenassociates@gmail.com INTRODUCTION The Loma Cabrillo LLC site includes four adjoining parcels with total area of approximately 37.5 acres located within the limits of the City of Poway. Access to the site is through the most easterly parcel located at 15069 Sycamore Canyon Road. This project will provide horse boarding facility and training center for up to 167 horses, and a cat and dog kennel boarding up to 20 animals, small areas for parking cars, which will not be paved or graded, but rather, covered with decomposed granite. Conditional Use Permit CUP 06-09M has been issued by the City of Poway for the above described project. The zoning is Rural Residential B (RR -B). The vegetated swale is selected for post development storm water BMP. The following report provides a list of tasks required for the operation and maintenance program, the fiscal resources, and the responsible party for operation and maintenance. 1.0 OPERATION AND MAINTENANCE PROGRAM The vegetated swale is the selected permanent storm water BMP for this project The operation and maintenance needs for the vegetated swale are as follows: • Periodic mowing, if turf grass is used to line the swale, cut a longer length: weekly, bimonthly or monthly depending on the season, plant variety and ascetic concerns, • Regular inspection for healthy growth, signs of erosion and adequate drainage (monthly and after each storm event) • Periodic inspection for the need of removal and replanting of dead or unhealthy plants to fill all bare areas (monthly) • Periodic removal of trash and debris (monthly and after each storm event) • Periodic elimination of gopher and other rodents burrows which may cause loosening of the soil and erosion of sediments (monthly) • Periodic hand weeding and pruning (monthly) Debris and Sediment Disposal Waste generated from the project is the responsibility of the owner/applicant. Disposal of sediments, debris, and trash will comply with applicable local, county, state and federal waste control programs. Hazardous Wastes Suspected hazardous wastes will be analyzed to determine disposal options. Hazardous materials generated on site will be handled and disposed of according to local, state, and federal regulations. A solid or liquid waste is considered a hazardous waste if it exceeds the criteria listed in the California Code of Federal Regulations, Title 22, Article 11 (State of California, 1985) 2.0 FISCAL RESOURCES The owner shall provide to the City of Poway's Engineering Department an annual estimate for maintaining all BMPs 2.1 Operation and Maintenance Costs Based on current National Stormwater Management Calculator published by Green Values the annual maintenance cost for vegetated swale ranges from $0.06/square foot to $0.21/square foot with the medium 1 cost of $0.12/square foot. For this operation and maintenance manual the medium cost of $0.12/square foot is applied. The total area of the vegetated swale installed for the project is 10,450 square feet. Therefore the annual maintenance cost is in the range of $1,300. 2.2 Responsible Party for Operation and Maintenance The owner will be responsible for all operation and maintenance of BMPs. This will include scheduled and post major storm inspections, repair and replacement of defective components, and removal and disposal of debris, sediments and hazardous wastes. ENGINEER'S STATEMENT This Operation and Maintenance Manual has been prepared under the direction of the following Registered Civil Engineer, The Registered Civil Engineer attests to the Technical information contained herein and engineering data upon which recommendations, conclusions, and decisions are based. 4,4 10/11/2019 William C. Yen, RC 33730 Date p,:_oFESS/ �.\ (El N033730 mi Xr C1F c Ao�i 2 EXHIBIT'01 LEGAL DESCRIPTION: STORMWATER BMP MANAGEMENT EASEMENT APN'S: 323-070-19, 323-070-18, 323-070-17, 323-070-65 ALL THAT PORTION OF THE NORTHERLY HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THAT LAND DESCRIBED IN DEED TO LOMA CABRILLO LLC, RECORDED MARCH 20, 2006 OF DOCUMENT #2006-0191622. THENCE ALONG EASTERLY LINE OF SAID LAND, SOUTH 00°16'50" EAST, 20.01 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 88°56'03" WEST, 410.07 FEET TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 43°38'11", A DISTANCE OF 21.32 FEET; THENCE SOUTH 47°25'46" WEST, 147.15 FEET TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 26°31'15'", A DISTANCE OF 12.96 FEET; THENCE SOUTH 73°57'01" WEST, 3.80 FEET TO THE BEGINNING OF A TANGENT 15.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 53°28'24", A DISTANCE OF 14.00 FEET; THENCE SOUTH 20°28'37" WEST, 47.17 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 70°34'32", A DISTANCE OF 61.59 FEET; THENCE NORTH 88°56'51" WEST, 86.07 FEET TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 26°27'06", A DISTANCE OF 12.93 FEET; THENCE SOUTH 64°36'03" WEST, 74.69 FEET; THENCE SOUTH 00°06'30" WEST, 34.82 FEET; THENCE NORTH 89°31'03" WEST, 362.19 FEET; THENCE SOUTH 87°36'15" WEST, 212.75 FEET; THENCE SOUTH 82°11'15" WEST, 84.63 FEET; THENCE SOUTH 87°44'27" WEST, 52.27 FEET; THENCE SOUTH 01°09'31" WEST, 64.75 FEET; THENCE NORTH 89°10'33" WEST, 117.63 FEET; THENCE NORTH 02°08'52" EAST, 58.48 FEET; THENCE SOUTH 87°44'27" WEST, 5.30 FEET; THENCE SOUTH 78°41'22" WEST, 217.15 FEET; THENCE NORTH 01°03'17" EAST, 30.71 FEET; THENCE NORTH 78°41'22" EAST, 212.95 FEET; THENCE NORTH 87°44'27" EAST, 175.32 FEET; THENCE NORTH 82°11' 15" EAST, 84.59 FEET; THENCE NORTH 87°36'15" EAST, 214.92 FEET; THENCE SOUTH 89°31'03" EAST, 306.97 FEET; THENCE NORTH 64°36'03" EAST, 137.69 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 26°27'54", A DISTANCE OF 23.10 FEET; THENCE SOUTH 88°56'03" EAST, 78.71 FEET TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 70°35'20", A DISTANCE OF 34.50 FEET; THENCE NORTH 20°28'37" EAST, 43.30 FEET TO THE BEGINNING OF A TANGENT 35.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 53°28'24", A DISTANCE OF 32.67 FEET; THENCE NORTH 73°57'0l" EAST, 3.80 FEET TO THE BEGINNING OF A TANGENT 8.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 26°31'15", A DISTANCE OF 3.70 FEET; THENCE NORTH Exhibit 'A' Page 1 of 2 47°25'46" EAST, 166.36 FEET TO A POINT ALONG THE NORTHERLY LINE OF THAT LAND DESCRIBED IN DEED TO LOMA CABRILLO LLC, RECORDED MARCH 20, 2006 OF DOCUMENT #2006-0191622. 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