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Storm Water Trash Facilities Maintenance Agreement 2023-01377555/25/23, 3:26 PM Batch 15782705 Confirmation RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 APN: 317-280-37, 317-280-77 and 317-280-78 DOC# 2023-0137755 Illlllllllllllllllll�lllllllllllllllllllllllllllllllllllllllllllllllll May 25, 2023 02:41 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 34 (THIS SPACE FOR RECORDER'S USE) STORM WATER TRASH FACILITIES MAINTENANCE AGREEMENT 13651, 13691, 13741 and 13771 Danielson Street (B21-1420 / TA22-0009) 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) PARKWAY COMMERCE CENTER LLC, (hereinafter referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is being developed in accordance with application for Building Permit Number B21-1420, which is on file with the CITY. This Agreement is required as a condition of approval for such development. 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": Three (3) Stormtek ST3G Connector Pipe Screen 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 B21-1420. 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 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 SWTFMA (B21-1420 / TA22-0009) https://gs.secure-recording.com/Batch/Confirmation/15782705 1/2 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 (THIS SPACE FOR RECORDER'S USE) APN: 317-280-37, 317-280-77 and 317-280-78 STORM WATER TRASH FACILITIES MAINTENANCE AGREEMENT 13651, 13691, 13741 and 13771 Danielson Street (B21-1420 / TA22-0009) 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) PARKWAY COMMERCE CENTER LLC, (hereinafter referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is being developed in accordance with application for Building Permit Number B21-1420, which is on file with the CITY. This Agreement is required as a condition of approval for such development. 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": Three (3) Stormtek ST3G Connector Pipe Screen 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 B21-1420. 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 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 SWTFMA (B21-1420 / TA22-0009) 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: 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 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 SWTFMA (1321-1420 / TA22-0009) Page 2 indemnity provisions below. If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of the responsible parties pursuant to the procedures set forth in Poway Municipal Code Chapter 8.72. 5. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over, under and across those portions of PROPERTY described in Exhibit "D" and shown in Exhibit "E", 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 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. SWTFMA (1321-1420 / TA22-0009) 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: PARKWAY COMMERCE CENTER LLC, By: Its' Manager, SENTRE Parkway Commerce Center, LLC By: Date: `� [ d 120,16 � <11 ouglas M. rthur, Manager (signature must be notarized) SWTFMA (1321-1420 / TA22-0009) Page 4 CALIFORNIA NOTARY ACKNOWLEDGEMENT 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 D `.e C l On U ,7 `� �' before me, V)') Ak �i' s t? lrin r (insert name and title of the officer), personally appeared Cs i eLk A4 ,A-,r+h �y- who proved to me on the basis of satisfactory evidence to be the person(,s-y whose name( is/AFe subscribed to the within instrument and acknowledged to me that he/sheA4& -executed the same in his/her4144r authorized capacity(ie-s), and that by his/he4their signature(s) on the instrument the person(; or the entity upon behalf of which the person(kacted, 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. Signature `' /^-- 45 EMILY LOUISE URNER Notary Public - California (Seal) - San Diego County Commission 4 23916ij •�"�,My Comm. Expires Jan 25, 2026 r SWTFMA (B21-1420 / TA22-0009) Page 6 CITY OF POWAY: Dater h 3 Rober J. Manis ' ' Director of Development S (signature must be notarized) APPROVED AS TO FORM: Office of the City Attorney i Alan Fenstermacher 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 5. Exhibit D — Legal Description of Easement 6. Exhibit E — Easement Plat APPROVED AS TO CONTENT: Engineering Division 17:6,z,� Tracy B ch City En sneer SWTFMA (B21-1420 / TA22-0009) Page 5 CALIFORNIA-• •• 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 May 16, 2023 Date personally appeared before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer 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. SJ orr YVONNE MANNION Notary Public - California _ - _ - San Diego County > Commission N 2363699 ~ ,`_'cp0.N`*♦ My Comm. Expires Jul 1, 2025 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. SignatureCA Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Storm Water Trash Facilities Maintenance Agreement B21-1420/TA22-0009 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: 02016 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 )/1 U 1 210 , from PARKWAY COMMERCE CENTER LLC, 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: S(ApEZ3 CITY OF POWAY Seal: T�F C�rY^1Na,THE�flC�J/ By: obert J. Mani Department of Developme ervices SWTFMA (B21-1420 / TA22-0009) EX-111131T A PROPERTY All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL 1: LOT 44 OF CITY OF POWAY TRACT 87-13 UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 8, 1990. PARCEL 2: LOT 45 OF CITY OF POWAY TRACT 87-13, UNIT I, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 8, I990, EXCEPTING THEREFROM AS FOLLOWS: BEGINNING IN THE NORTHEAST CORNER OF SAID LOT 451, SAID POINT BENG A NONI'ANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,524.50 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF SOUTH 00° 45' 24" EAST; THENCE SOUTH 020 21' 00" WEST 389.80 FEET TO THE NORTHERI.,Y RIGHT OF WAY OF SOUTH POWAY PARKWAY AND BEING THE SOUTHEAST CORNER OF SAID LOT 45; THENCE ALONG SAID RIGHT OF WAY NORTH 870 39' 01" WEST 127.76 FEET; THENCE NORTH 020 15' 59" EAST 388.29 FEET TO THE SOUTHERLY RIGHT OF WAY OF DANIELSON STREET SAID POINT ALSO BEING A POINT N SAID NON - TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,524.50 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF SOUTLI 040 04' 06" WEST; THENCE EASTERLY ALONG SAID CURVE 128.38 FEET THROUGH A CENTRAL ANGLE OF 040 49' 30" TO THE POINT OF BEGINNING. SAID LAND IS ALSO DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 16, 1998 AS INSTRUMENT NO. 1998-0819526 OF OFFICIAL RECORDS. PARCEL 3: LOT 46 OF CITY OF POWAY TRACT 87-1 COUNTY OF SAN DIEGO, STATE OF i THEREOF NO. 12556, FILED IN THE OFF SAN DIEGO COUNTY, FEBRUARY 8, 1990. 45 OF CITY OF POWAY TRACT 87-13 UNIT OF SAN DIEGO, STATE OF CALIFORNIA, , UNIT 1, IN THE CITY OF POWAY, ALIFORNIA, ACCORDING TO MAP CE OF THE COUNTY RECORDER OF COGETI-IER WITH A PORTION OF LOT 1, IN THE CITY OF POWAY, COUNTY ACCORDING TO MAP THEREOF NO. EXHIBIT A - PAGE 1 OF 2 C:\NRPortbl\MIA\GONZALEZMA\185535663. 4 docx 12556, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 8, 1990, DESCRIBED AS FOLLOWS: BEGINNING IN THE NORTHEAST CORNER OF SAID LOT 45, SAID POINT BEING ON A NONTANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 1,524.50 FEET, A RADIAL, LINE TO SAID POINT HAVING A BEARING OF SOUTH 00° 45' 24" EAST; THENCE SOUTH 020 21' 00" WEST 389.80 FEET TO THE NORTHERLY RIGHT OF WAY OF SOUTH POWAY PARKWAY AND BEING THE SOUTHEAST CORNER OF SAID LOT 45; THENCE ALONG SAID RIGHT OF WAY NORTH 870 39' 01" WEST 127.76 FEET; THENCE NORTH 020 15' 59" EAST 388.29 FEET TO THE SOUTHERLY RIGHT OF WAY OF DANIELSON STREET SAID POINT ALSO BEING A POINT IN SAID NON - TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,524.50 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF SOUTH 040 04' 06" WEST; THENCE EASTERLY ALONG SAID CURVE 128.38 FEET THROUGH A CENTRAL ANGLE OF 040 49' 30" TO THE POINT OF BEGINNING. SAID LAND IS ALSO DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 16, 1998 AS INSTRUMENT NO. 1998-0819526 OF OFFICIAL RECORDS, MIA 185635663v4 EXHIBIT A - PAGE 2 OF 2 C:\NRPortbl\MIA\GONZALEZMA\185535663 4 docx 2 CIN \ (Z� � � e \ � 2 \ % , « \} ƒ_ r \ * \ f Ll SO � L mom /5tIn r e , Al G co \ \ � 2 7 S 0 E } / - o / % « OO e � � Exhibit C Product Specification SWIMS —STG3-StormTek, Full Trash Capture (FTC) Insert Proposed FTC insert will be installed at locations outlines in site map just upstream from the public point of connection (POC) that treats all of the stormwater captured within Parkway Commerce Center Inspection and Maintenance Inspections should occur two times per year (one in the dry season and one prior to the first qualified rain event) and after major rainfall events. All inspections completed should be logged. FTC insert should be inspected, and digital reporting performed. Remove the grate and use a vacuum truck or industrial vacuum to remove the trash and debris that has collected against the filter. Table of Contents: Section 1. Physical Description Section 2. Installation Information Section 3. Operation and Maintenance Information Section 4. Reliability Information Section 5. Field/Lab Testing Information and Analysis Ref. Customer Support STORMWATER INSPECTiON AND MAlNTFMANIC1' SERVI SS'. INC,. October 25, 2018 866-96-SWIMS Ric: Campos Storniwater inspection acid k1aintenarcc: ScrJcr s. in;. P; 9?5-616-6966 F: 925-513-148 ° ira-f�s�,'�:sw�ain3:�clrran.�cn� P 0. Box 162; To whom it may concern, Discovery Bay, CA 94505 Smrmwater Inspection and Wnintena=ice Sar ices Inc. is the: are-tiit company p I of ttlrw STURJMTEK device in which we are submitting our application. The STORMTEK 9T3 and ST3O models are connector pipe screens (mounted to ou 9t-io-v,( pipe wValit that are dosignod to meet and oxccod the "l00% full trash capt€rro requirements. STOn:iv1TEK dev-c;cs have, been installed over the {past 10 years and are still fully furictianai iry icc of catch basins tc-day, Our manufacturing is dofic minutes aaaray from our operaIicris ftadlity in I-ivermoro, CA; whoro wvo car? d?liver both feast turn times and first glance at qU :lity ?SSUrance. Each Muni is spoc&,Aly deskjr,,od for a specific catch basin or outtlowv p-pe. VVe'a�o all Nlumenis into cx?nsideratior, for the. design Farr: build, which is far the benetit of both catching contaminants and utilizing the spas; for host passible, flo5r, ratos, Our durable, frarraW is mounted to the outflow pipe wail acid as equipped with pins that will hold the dnvico in place and can be easier removed for maintenance and vector control. The STORMTEK device is mada with a high grade steel (5-304) and a 5mm mesh screen. Our wvel-dod mesh screen and framing throughout makes our dovice able to withstand the toughest of conditions and with a track rocord of doing just that. Please refer to our website i)Au .stiMmclean,conVstormtekf to see a list of citios that have trusted t1va STORMTEK deviro. PILOT TRASH STRUCTURAL T �FATMLN._l_ CON R L —I—U[�Y (PILOT STUDY) aN 200 f SGVU R PPP 008) "Based on the information from the Trash BMP Tool Box and discussions with thu County of Los Angeles, bath citios soloctod the SiorrsiT(-kTM catch basin insert (shown to the right) ,is tho trash treatment BMP for use during this Pilot Study. Tho catch basin inssrt is ijrsignated as a fi.ill-r-,apturo treatment device by the Los Angoios Regional Wator Quality Control Board and consists of a perforated metal screen placed horizontally or vertically in f-ont of the; :storm drain pipe outlat vAthin a catch basin, It is capable of catching Smaller and larger debris and uses the volume of the catch basin to retain trash before it is trar�sported through the stormwater ooryveyance. sysEern, Captured debris remains within the Catch basin until it is removed biy a maintenance crew. Approximately 90 devices will be installed within the Cities of San Jose and Sunnyvale bar summer 200S." ■ i + I c:rTtif� under penatty of Iay., that this do(7urnont and all attachmonts were prepared under my direction or surjenAsci n in -,,�.ordc:e with P, SysiprTl (A irgned to a`tsurrr that qualified personnel properly gather and evaluate the information submitted. Based on my i iq airy of the pa son or persons 'that manage the, system or those p+ersans directly ru:5porisiblo for gathering the information, to the best of MY krovdodge and belief, the i formation subr-iitted is, true.;, accurate, and complete, t gym a,.alare that thero are significant penalties for submitting false'nformation, including the passibility of fine and imprisonment for knowing v olatioris. Ric Campos Section 1. Physical Description DESCRIPTION OF DESIGN ELEMENTS • The mounting frame can be made of coated or stainless steel. Frame members are made from 2" flat bars with a minimum thickness of 3/16 inch. • The insert screen is made of heavy -gage sheet metal with 5 millimeter (mm) openings. Total openings constitute 50% of the screen surface. Top 4 inches of the screen is grated with bars spaced at 2 inches on center. • Insert top cover is made of heavy -gage sheet metal screen with 5 mm openings and 1 " support frames. • Structural support members for the screen and top cover are made of coated or stainless steel. Members are made from 1 " flat bars with a minimum thickness of 1/8 inch. • Mounting frame members are welded • Structural support frame members are welded • Insert screens are welded onto structural support frames. • Mounting frames are bolted onto the catch basin wall at the outlet opening. Mounting frames are to be anchored at all four corners with HILTI expansion anchors or equal. • Inserts are installed vertically onto the mounting frame directly in front of the outlet opening. •The insert is completely removable by lifting it off the mounting frame MOUNTING FRAME 33 E a m U < 29 ro U C O 0) C 'O C Ql a m 0 Z) 0 2" x 3116" SS PL (TYP.) STORMTEK MODEL ST3G: REMOVABLE INSTALLATION WITH VERTICAL GRATING 07 30" stainless steel mounting frame -------- ---------- --------- --------- ......... .................................................... .1.'.'.'.'.'.'.'.'.'.'.'.'.".'.'.'.'.'.'.'.'.'.'.'.•.'.'.".'.'.'.'.•.".".'.•.'. •.".'.".'. •.'.'.•.•.'. I.' .......................... .................................................... -)';':-:':":•:':':':-:!•:'-:' }:":':':<':':' }:':":-?:' is •:-:':•:':':':•:":'.-}:":': •:':';":-:4.; . �... •. •. •. •.•. •. •..,....•,..,.,. •... •...•. •.. •. •.,. •..,.....•. •. •... •.. •.•...,.•.•..,.. 1 . r.;,..: i' a: •} is •:•:47:• }??:'<•: •;.;.;' }: •: •:':• }:•: •:":'; •: •X': •?:': •: <•:•:!• i??: stainless steel mounting frame I mounting hinge (typ-) 5 mm stainless steel top screen cover stainless steel mounting frame vertical grating 1.5"—, 8„ (typ') STORMTEK Section 2. Installation Information ED ; i Section 3. Operation and Maintenance Information Recommended Maintenance: We recommend the annual maintenance to consist of 2 cleaning services; one in the dry season and one prior to the first qualified rain event. Operational Information: Our removable devices have either a handle (located on deflector plate) or framing brackets that sit on top of the device for maintenance and vector control purposes. To remove the device, simply pull up on the handle/bracket which will disengage the socket from the pins that are attached to the frame. Once it is off the pins you can remove the device for full access to service and treat for vector control. Maintenance Requirements: Inspect and Clean Stormtek CPS Pipe Screen Full Trash Capture Device Two (2) times per year with a vactor truck and power washer. Report to include before and after pictures with detailed notes on condition of device. Routine Maintenance Activities The maintenance objective is to prevent sediment and debris buildup and clogging, which reduces pollutant removal efficiency and may lead to device failure. Routine maintenance activities and frequency at which they will be conducted are shown in Table 1: Table 1 Routine Maintenance Activities for Stormtek CPS Pipe Screen No Maintenance Task Frequency of Task 1 Inspect Stormtek for standing water. Inspect for Twice, or as needed after obstructions, weeds or any trash impeding the flow of storm events water and dispose properly. Inspect the inflow and outflow pipes for clogging. 2 Clean sump, Stormtek device and surrounding area of Twice, or as needed after sediment and debris. Dispose of sediment and debris storm events properly. Include before and after pictures. Section 4. Reliability Information Warranty: STORMTEK devices have been installed throughout the United States over the past 10 years and are still fully functional inside of catch basins today. Our uncompromising build and design allows us to warranty the STORMTEK ST3 and ST3G models for 5 years, given that they are being serviced on an annual basis (see "recommended service" for the standard). TRASH EVALUATION AND MANAGEMENT (21111EDITIOsN) Trash BMP Tool Box Historically, local agencies have attempted to manage trash in watersheds and creeks using a variety of institutional (non -treatment) Best Management Practices (BMPs). For example, street sweeping is conducted throughout the Santa Clara Valley to remove trash from road surfaces and gutters in urbanized areas. In addition, creek cleanup events are periodically scheduled by cities and watershed groups Estimated Average Cost Per Unit Type of Device Annual Operation & Captial Maintenance StormTek' Device �'11,CO0 12.500 iydradynamic Separator S100,0 0 55.000 {Small i apavdyl f-lydredynamic Separator 8420.0G0 $20,000 !Large ,apactiy) to remove trash from water bodies. Although these BMPs are believed to be effective in removing trash, additional information is needed to confirm the effectiveness, and evaluate costs and challenges to implementing these and other BMPs designed to reduce trash in municipal stormwater conveyance systems and water bodies receiving urban runoff. Program staff conducted an extensive literature review on trash BMPs in FY 2006-2007 and developed the Trash BMP Tool Box (Tool Box). The results are presented in twelve technical information sheets, which describe the known effectiveness, costs and considerations when implementing institutional (non -treatment) or treatment BMPs (SCVURPPP 2007). The trash BMP Tool Box is available on the Program's websile (http_//%Yww.scvurppp-w2k.com/ trash_bm p_toolbox_2007.htm). Pilot Trash Structural Treatment Control Study Due to continued concern about the amount of trash in local creeks, the Cities of San Jose and Sunnyvale began developing a Pilot Trash Structural Treatment Control Study (Pilot Study) in 2007 (SCVURPPP 2008). The Pilot Study is designed to: 1. Increase the removal of trash in stormwater conveyance systems through the implementation of selected treatment BMPs; 2. Estimate trash loading rates to the conveyance systems from various sources and/or land use types: 3. Characterize the types of trash removed by selected treatment BMPs; 4. Determine operation and maintenance requirements and costs for treatment BMPs implemented by the Cities: and 5. Identify opportunities and challenges for future implementation. Based on the information from the Trash BMP Tool Box and discussions with the County of Los Angeles, both cities selected the StormTekT"' catch basin insert (shown to the right) as the trash treatment BMP for use during this Pilot Study. The catch basin insert is designated as a full -capture treatment device by the Los Angeles Regional Water Quality Control Board and consists of a perforated metal screen placed horizontally or vertically in front of the storm drain pipe outlet within a catch basin. It is capable of catching smaller and larger debris and uses the volume of the catch basin to retain trash before it is transported through the stormwater conveyance system. Captured debris remains within the catch basin until it is removed by a maintenance crew. Approximately 90 devices will be installed within the Cities of San Jose and Sunnyvale by summer 2008. Reliability: CITIES WITH STORMTEK RETROFIT City of San Jose City of Sunnyvale City/County of Ventura City of Alhambra City of Camarillo City of Pico Rivera City of Los Gatos, West Valley City of Anaheim Atlantic County, NJ City of Torrance City of Oakland City/County of Alameda City of Simi Valley City of Los Gatos, West Valley City of Malibu, Legacy Park City of Malibu, Paradise Cove State of Hawaii, Dept. of Transportation City of Saratoga, West Valley Clean Water Program City of Monte Serena, West Valley Clean Water Program City of Campbell, West Valley Clean Water Program City of American Canyon City/County of Santa Clara City of Ojai City of Livermore Section 5. Field/Lab Testing Information and Analysis Catch Basin Inserts Catch basin inserts are baskets, trays, bags, or screens placed inside the inlet or atthe outlet of a catch basin. A wide variety of designs exist, mostly in the form of inlet devices. Maintenance is performed with a vacuum truck and takes approxi- mately 30 to 60 minutes/insert. Capital costs range from --$200 to--$6500/unit. Performance and/or effectiveness have notbeen widelytested in the field. However, a few studies have found that inserts can capture a high proportion of trash and litter if the devices are placed in all catch basins. In practice, inserts are not maintained with sufficient frequency. In addition, flooding has been an issue with some types of inserts.The City of Glendale Trash Excluder and Advanced Solu tion s StormTek"-m catch basin insert have been designated as full capture devices by the Los Angeles Regional Water Quality Control Board (LARWQCB). Descriptlon Catch basin inserts (CBIs) are devices thatare placed inside a catch basin to prevent sediment, organic material (e.g. leaves and twigs), trash and litter from enteringthe storm drain pipe within the catch basin. There are two general designs of CBIs, inlet inserts and outlet inserts. Inlet Inserts Inlet inserts consist of a collection basket, tray, or bag that is placed ju,AWelow the entrance [at the curb or in a drop inlet] of the drain inlet. They are ched to the side walls of the catch basin. Some products consist of more th one tray or mesh grates. This type of insert also has the option to! ncorporate additional filters Trash BMP Tool Boas Catch basin inserts are usually maintained with a vacuum truck. Depending on the configuration of the insert, mainte- nance is either through the curb opening or the maintenance grate. A major part of them aintenance cost is the investment in the vacuum truck that can cost between $120,000 and $150,000, and the increased time required to clean the catch basin with an insert. Depending on unit specifications, cleaning is recommonded at least semi- annually (Gordon and Zamist 2006). Inlet Inserts Caltrans conducted a BMP Retrofit Pilot Study of CBIs and concluded that maintenance of the inserts depended on the accumulation rate of pollutants and debris, the storage capacity and the requirements for proper operation (Caltrans 2004). The Caltrans study oval uated two types of devices, the FossilFilter"I and the StreamGuardT". The FossilFilterir-' inserts experienced flow bypass because sediment and organic debris (leaves, litter, etc.) covered the cartridges. Asa result, sediment and debris had to be removed from the top of the cartridges before a storm event and generally once during the event. This requirementcould be major operation and maintenance burden depending on CBI siting (Caltrans 2004). The range of operation and maintenance hours for pilot CBIs was 21 to 56, with an average of36 field hours peryear. Slightly more field hours were spent at the FossilFilter"" CBIs than at StreamGuard",1 CBIs. This was primarily due to r-nore frequent cleaning needed by the FossilFilter'"I CBI to prevent flow bypass duringstorm events. The actual number of maintenance hours spent in the field forthe FossilFilterl"' was on average 36 hr/yr and 20 hr/yrfortho StreamGRlardT"' (Caltrans 2004). Some of5treamGuardTr4 inserts had to be refitted into the drain inlet because of slippage caused bythe weight of the water and material collected within the filter bag. Pre -storm inspections and maintenance of this insert was necessaryto minimize slippage during storm events (Caltrans 2004). As a result of observations made duringtheir BMP Retrofit Study, Caltransdeveloped annual costand timeestimates for maintaining CBIs.Table 2 prosentsthe expected maintenance coststhat would be incurred for a single CBI (Caltrans 2004). Table 2. Expected average annual maintenance effort for a catch basin insert (Caltrans 2004). Activity Labor Hours Equipment & Materials $ Cost, $* Inspections 1 0 44 Maintenance 18 21 813 Vector control" Administration Direct cost 0 3 - 0 1 0 115 $136 0 132 115 Total 1 22 $1104 A' 1999 ($) I-* Includes hours spent by consultant and vector Control District for inspections Outlet Inserts Maintenance of outlet inserts is also performed with a vacuum truck. During the City of Los Angeles' pilot study of the StormTek",' device, maintenance observations indicated that cleaning of the retrofitted basins was relatively easy because trash is hold within the basin and not in a separate container. Maintenance crews noted that this typo of insert had little impact on their regular maintenance routines. Maintenance crews noted that more care had to be used to clean catch basins retrofitted with the Practical Technology insert because the vacuum hose is placed directly on the horizontal screen and crews feared damaging the screen. In addition, crews found that it was often dif€icult to Push all of the debris towards the hose when pressure washing since the direction of the pressure wash is almost perpendicular to the screen. In this case, substantially more wateris used during this cleaning process (City of Los Angeles 2005). Catch Basin Inserts costs Inlet Inserts The capital costs of inlet inserts ranges between —$200 to—$1650, depending on model and size (DeCarlo et al 2004. Lee et al 2006, LARWQCB 2006a). The low ini*ial costs of inserts make them one of the least expensive structural treatment devices in the short term (LARWQCB 2006b). Construction and installation costs for each inlet insert installed for the Caltrans BMP Retrofit Pilot Study was approximately $1,186 (1999 $) (Table 3). Actual costs include the installation of in let inserts and associated monitoring activities(Caltrans 2004). Table 3. Actual construction costs for catch basin inserts �1999 dollars) (Caltrans 2004). Device Actual Cost, $ Actual Cost w/o Cost'/WQV Monitoring, $ $Icubic meter Fossil Filter 32,116- 51,696 1,186 7.30 -46.69 Storm Guard 32.116 - 51.696 1.186 9.53 - 66.70 l Actual costwithout monitoring. Costs were normalized for drain inlet inserts by calculating a water quality volume tWQV) treated by the device and the amount of rainfall during the design storm. Even though inlot inserts have a relatively low capital cost, in the long run. they can still be expensive due to their high maintenance requirements. For example, the County of Los Angeles showed thatthe total costs of retrofit- ting the Los Angeles River watershed with inserts over ten years ,would be $120 million. while the yearly mainte- nance costs after full implementation would be $60 million (Table 4) (LARWQCB 2006b). The County assumed that—150,000 catch basins would have to be retrofitted with inserts to cover the 574 square miles of the Los Angeles watershed (LARWQCB 2006b). Asummary of estimated costs for using catch basin inserts across the entire watershed is provided in Table 4. Table 4. Costs of retrofitting the urban portion of the watershed with catch basin inserts. ' (LARWQCB 2008), Costs million $ # Years into Program 1 2 3 4 5 ' 6 7 8 9 10 O&M costs (yearly, CLlMLllathe)____ 6 12 18 24 30 36 42 48 s (, 54 60 Capital costs (yearly) 12 12 12 12 12 12 12 12 12 12 Costs.; yr servicing+cap costs) 18 24 30 36 42 148 1 54 1 60 66 72 Outlet Inserts The capital costs for the Stormtck7v, outlet insert are —$850 and $275 for installation for a total cost of— $1125 per unit (O. Lugo', pers. comm.). SNOUT11' inserts cost between $275/unit for a 12 inch unit and $6500 for a 96 inch unit (Best M anagcment Products, INC 2007). Catch basin inserts have several advantages over other trash control devices.They are relatively small and can easily be retrofitted into existing storm drain systems (curb inlet and flat -grate catch basins). Their installation does not require a large foot print(i.e., additional land). They come in a wide range of sizes and can also be modified to capture othcrpollutants. Individual maintenance time is low and relatively simple. Outlet inserts take Trash BMP Tool Box advantage of the full volume of the catch basin thus circumventing one of the main criticisms of inlet designs. Inserts gen erally hold trash in a dry state. They are constructed for easy access and can bypass high flows during peak storm events to prevent flooding. Inserts can be readily serviced by a vacuum truck through a manhole without removal of the insertfrom the manhole. Two devices (City of Glendale Trash Excluder and Advanced Solutions StormTekWcatch basin insert) have been designated as full capture devices by the LARWQCB. Cons Some CBI models, particularly the inlet types, are susceptible to clogging under high loading. Peak flows could reintro- duce trash into the system if not designed properly. Parked vehicles may disrupt removal sched ule or impede removal during emergencies. One of the most significant drawbacks of CBIs is their associated maintenance requirements. In the Caltrans BMP Retrofit Study, it was concluded that the absolute number of maintenance hours was not large for each unit, but the timing was critical -cleaning had to be done immediately before and during storm events. However, timely maintenance is unlikely due to other demands on maintenance personnel during storm events (Caltrans 2004). I References Allison, R.A.J. A. Walker, F. H. S. Chiew, I. C.O'Neill, and T. A. McMahon 1998. From Roads to Rivers. Gross Poll waw, Removal from Urban Waterways. 98/6, Cooperative Research Centre for Catchment Hydrology. Best Management Products 2007. TheSNOUT@. httpV/www.bmpinc.com (March 19, 2007). Caltrans 2004. Caltrans BMP Retrofit Pilot Program Final Report. CTSW-RT-01-050, Caltrans. Division of Environmental Analysis, Sacramento. 316 pgs. City of Glendale 2005. Administration Project Spotlight in Public Works Annual Report 2004 -2005, Glendale. City of Los Angeles 2005. Field Observation Reports for Catch Basin Insert Pilot Study 2004 2005. Maintenance Report for StormTek"t and Practical Tech nology PilotStudy. City of Los Angeles, Watershed Protection Division, LosAngeles. DeCarlo, E. H.,Y. Parry, and R. Morgenweck 2004. The efficiency of storm drain filters in removing pollutants from urban road runoff. Phase 3 and Final Report. University of Hawaii Departmentof Oceanography, Honolulu. Gordon. W. and R.Zamist 2006. Municipal best management practices for controlling trash and debris in stormwater and urban runoff. wwmpl asticdebris.org (Access date April 2007). LARWQCB 2006a. Staff Memorandum: Surnmary of Presentations at the LA River Trash TMDLColloquium, August 25, 2006.J:r.,xs�vr_cki,c.lgot+Jtx,[Icbf/'t�ttr11 :[ipaF�c.s;!bp��tdr 5.0�Nc v/_0_008Oc�ll_oq_u,i irn.ptlf. (Access date April 2007). 5 pgs. LARWCQB 2006b. Trash Total Maximum Daily Loads for the Las Angeles River Watershed. Regional Water Quality Control Board. LosAngcics Region.50pgs. Lee.J.J., S. K.Shankar, and Z. Kou 2006. Hydraulic performance. pollutant removal efficiencies, and economic evaluation of catch basin insert devices. University of Southern California Department of Civil and Environmental Engineering. Lewis, J. 2002. Effectiveness of stormwater litter traps for syringe and litter removal. Cooperative Research Centre for Catchment Hydrology, Melbou rne. SFRWQCB 2004. Use of Storm Drain Inlet Filters and Oil/Water Separators to Meetthe Requirements of NPDES Municipal Stormwater Permits. 1538.09, Oakland. USEPA 1999. Combined Sewer Overflow Technology FactSheet, Floatables Control. EPA 832-F99-008. EPA 832-F99- 008. Office of Water. White, M... and D. Pezzaniti 2002. Evaluation of gully pit inlet litter control systems. Final Report. 236826L Urban Water Resources Centre, University of South Australia. Brisbane. References - Customer Support Our Project Estimators are standing by to look at your project details: +1 (866) 96-SWIMS OR +1 (925) 516-8966 Email: Info@SwimsC lean. com www.SwimsClean.com/Stormtek m O U V a7 O y O N m m L U G y N C m o C F nm� O y t0 t` f0 > U m�o.Q N U Doa �ca� N o n d UZEN co o �m o F d Y gym. y } y F o E o E 0 0 0 o �2 o z LO O YLO E d V N �MCO O E Q00� C U. <° _ c U � N cv yam o c N cU�' N fA �Q y v �m N� cUn y v A N O U)� Ric 0 m_ m OU O .� in�E a' ♦: ! d O U) p 0 wN dOzC/) � LL L N N V% O1 C ♦ Ol C W _ .. _ _.-�.__.__ r ♦ ♦ �. ,♦ N G _ T gr L ♦. •♦•♦ R E Ln CL YI : 21 0 2 /��\ / '- ."�/ cf) `o U N m t G C o3 a C m m H 7 _N N U N N U) c • N l0 Y N N U Y j C C l0 - T10-0O inm6, o Cl) ,F+ F- N w M C vi Q E_ 0 a N o M _ F— � m N o � r CM /� U �j 1. c \ E� > ----- -- - c m n ro 2 r U o aj ^ U o,!:: L 1i C U a N 0 _ I CO N Q-.L -O fA F� a) ti (n N N N f f fN Y N D O C1 0 > 3 E Eo�� a�i E 3 °�' o w o 0 0 o csz N �� o�o cam o E �. ''' 3 m � co EXHIBIT `D' LEGAL DESCRIPTION PUBLIC STORM DRAIN EASEMENT A PORTION OF LOTS 44, 45, AND 46 OF MAP NO. 12556 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 8T", 1990, AS DOCUMENT NO. 90-072267 IN THE OFFICE OF THE COUNTY RECORDER, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERN CORNER OF SAID LOT 44, ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF DANIELSON STREET AND THE BEGINNING OF A NON -TANGENT 1,975.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY WITH RADIAL BEARING NORTH 10001'21" EAST; THENCE 1. EASTERLY 20.76 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00036'07" TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING 2. EASTERLY 24.27 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00' 42' 15"; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE 3. SOUTH 02021'00" WEST 105.21 FEET; THENCE 4. SOUTH 88043'37" EAST 10.47 FEET; THENCE 5. SOUTH 01016'23" WEST 15.00 FEET; THENCE 6. NORTH 88043'37" WEST 10.75 FEET; THENCE 7. SOUTH 02021'00" WEST 246.72 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE 8. SOUTHEASTERLY 47.12 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89059'57"; THENCE 9. SOUTH 87038'57" EAST 190.43 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE 10. NORTHEASTERLY 47.12 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'03"; THENCE 11. NORTH 02021'00" EAST 263.29 FEET; THENCE 12. NORTH 01 °29' 13" WEST 52.21 FEET TO THE BEGINNING OF A NON -TANGENT 1,524.50 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WITH RADIAL BEARING SOUTH 14027'43" WEST, SAID CURVE ALSO BEING THE SOUTHERLY RIGHT OF WAY OF DANIELSON STREET; THENCE 13, SOUTHEASTERLY 28.07 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °03' 17"; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY 14. SOUTH 02021'00" WEST 45.65 FEET; THENCE Page 1 of 3 15. NORTH 89047'33" EAST 11.84 FEET; THENCE 16. SOUTH 00012'27" EAST 10.00 FEET; THENCE 17. SOUTH 89047'33" WEST 12.29 FEET; THENCE 18. SOUTH 02021'00" WEST 254.09 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE 19. SOUTHEASTERLY 47.12 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89059'57' ; THENCE 20. SOUTH 87038'57" EAST 178.19 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE 21. NORTHEASTERLY 46.75 FEET ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 89016'37' ; THENCE 22. NORTH 03004'26" EAST 282.69 FEET TO THE BEGINNING OF A NON -TANGENT 1,524.50 FOOT RADIUS CURVE CONCAVE NORTHERLY WITH RADIAL BEARING SOUTH 04015'10" WEST, ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY OF DANIELSON STREET; THENCE 23. EASTERLY 28.43 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 004'07"; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY 24. SOUTH 01 °29'08" WEST 23.44 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE 25. SOUTHEASTERLY 32.12 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92000' 19"; THENCE 26. NORTH 89028'49" EAST 89.50 FEET; THENCE 27. NORTH 00031' 11" WEST 22.79 FEET; THENCE 28. NORTH 89046' 18" EAST 10.00 FEET; THENCE 29. SOUTH 00031' 11" EAST 22.74 FEET; THENCE 30. NORTH 89028'49" EAST 42.71 FEET; THENCE 31. NORTH 84057'46" EAST 103.27 FEET; THENCE 32. NORTH 81 °58'42" EAST 86.17 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE 33. NORTHEASTERLY 30.61 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87°42'08"; THENCE 34. NORTH 05043*26" WEST 23.41 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF DANIELSON STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY Page 2 of 3 35. NORTH 79°56'00" EAST 24.07 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY 36. SOUTH 05°43'26" EAST 25.24 FEET TO THE BEGINNING OF A TANGENT 44.00 FOOT RADIUS CURVE CONCAVE NORTH WESTERLY; THENCE 37. SOUTHWESTERLY 67.35 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87°42'08"; THENCE 38. SOUTH 81058'42" WEST 86.79 FEET; THENCE 39. SOUTH 84057'46" WEST 104.84 FEET; THENCE 40. SOUTH 89028'49" WEST 159.77 FEET TO THE BEGINNING OF A TANGENT 12.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE 41. SOUTHWESTERLY 18.10 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86°24'23"; THENCE 42. SOUTH 03004'26" WEST 202.56 FEET TO THE BEGINNING OF A TANGENT 54.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE 43. SOUTHWESTERLY 84.14 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°16'37"; THENCE 44. NORTH 87038'57" WEST 452.63 FEET TO THE BEGINNING OF A TANGENT 54.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE 45. NORTHWESTERLY 84.82 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'57"; THENCE 46. NORTH 02021'00" EAST 370.57 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 49,594.07 SQUARE FEET: (1.138 ACRES MORE OR LESS) PREPARED BY: OMEGA ENGINEERING CONSULTANTS, INC. Page 3 of 3 EXHIBIT 'E' LINE TABLE NO BEARING LENGTH L1 S 0221'00" W 105.21' L2 S 88 43'37" E 10. 47' L3 S 011623" W 15.00' L4 N 89'43'37" W 10.75' L5 S 0221'00" W 246.72' 16 S 8T3857" E 190.43' L7 N 0221'00" E 263.29' L8 N 0129'13" W 52.21' L9 (S 0221'00" W) 45..65' 110 N 89 47'33" E 11.84' L11 S 001227" E 10.00' L 12 S 89 47'33" W 12.29' L 13 (S 0221 '00" W) 254.09' L 14 S 8738 57" E 178.19' L 15 N 0304 26" E 282.69' L 16 S 0129108" W 23.44' L 17 N 8928'49" E 89.50' L18 N 003171" W 22.79' LINE TABLE CONT. NO BEARING LENGTH L 19 N 89 4618" E 10.00' L20 S 0031'll" E 22.74' L21 N 8928'49" E 42 71' L22 N 845746" E 103.27' 23 N8158'42" E 86.17' L24 N 05'43'26" W 23.41' L25 ((N 7956'00" E)) 24.07' L26 S 054326" E 25.24' L27 S 8158'42" W 86.79' L28 S 845746" W 104.84' L29 S 8928'49" W 159.77' L30 S 03'0426" W 202.56' L31 I N 8738'57 W 452.63' L32 S 0221'00" W 370.57' L33 (N 86 41 '43" W) (63.34) L34 (N 8718'11 " W) (164.36) L35 (N 8739'01" W) (90. 67)' L36 (N 74 49'00" W) (100.22) 07 ((S 7956 00" W)) ((81.57)) CURVE TABLE NO LENGTH DEL TA RADIUS Cl 20. 76' 00 36 07" (1975.. 50) C2 24.27' 00 42'15" (1975.. 50) C3 47.12' 895957" 30.00' C4 47.12' 90 00 03" 30.00' C5 28..07' 0103'17" (1524.50) C6 47.12' 895957" 30.00' C7 46.75' 8916:37" 30.00' C8 28.43' 0104'07" (1524.50) C9 32.12' 9200'19" 20.00' CIO 30. 61, 8742'08" 20. 00' Cil 67.35' 87*42'08" 44.00' C12 18.10' 862423" 12. 00' C13 84.14' 8916'37" 54.00' C14 84.82' 89 59 57" 54.00' C15 (177.94) (0509; 9) (1975..50) C16 (47.26) (0146 34) (1524.50) C17 ((248.48)) ((092020')) ((1524.50)) C18 ((128.38)) ((04 49 :30 )) ((1524.50)) C19 ((247.72)) ((0918:36 )) ((1524.50)) SHEET 1 OF 2 LEGEND R/W RIGHT -OF -WA Y CENTERLINE PROPERTY LINE - - - - - RADIAL LINE EASEMENT (24, 954.03 SF) TPOB TRUE POINT OF BEGINNING POC POINT OF COMMENCEMENT ( ) PER MAP NO 12556 RECORDED FES 8, 1990 (( )) PER BOUNDARY ADJUSTMENT NO.. 98-01 RECORDED DEC. 4, 1999 LgNo G � S S P 9� o � cr 0 0 �11 FLA M� �m =�� ENGINEERING CONSULTANTS 4340 VIEWRIDGE AVE. SUITE SAN DIEGO, CA 92123 PK-(858) 634-8620 FAX.-(858)-634-8627 EXHIBIT 'E' OP C f-�DANI�'LSO�r C2 C15 ST. o I TPOB I L2 f L3 '--L4 NZ HIV hl OAP` LAND S L sG 4 P 9 1 9 0 o I L37 _ *Tq t�%IZoLZ �I L25 �F OF CA\-\ 0 _ _ _ � L2 6 L9 C17 C8 C18 C19 L24 0 i L 10 L 16 L 18-� 19f- L20 L22 L23 I L 17 L21 —L 12 L27 L29 L28 In Lr) O J J o Q07T44 QOp4� W 900Fle6 a a J �'iAIP fl1��C6 L Q �9C7 Ofl o� Clld] Ofl ao �I O I N d L14 ((247.24)) L33 L34 05 SCRIPPS POWAY PARKWAY ((462.94)) (N 8779'01 710.18' SHEET 2 OF 2 SCALE 1 " = 100' 0 50 100