Loading...
Storm Water Facilities Maintenance Agreement 2023-02601199/26/23, 11:04 AM Batch 16377888 Confirmation RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 AP N: 321-271-43-00 DOC# 2023-0260119 IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Sep 26, 2023 10:17 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 PAR: Atkins: $0.00) POOR: N/A PAGES: 27 (THIS SPACE FOR RECORDER'S USE) STORM WATER FACILITIES MAINTENANCE AGREEMENT Carter Residence / 13839 Millards Ranch Lane (G12-0007) 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 Facilities is entered into between the Property Owner(s) The Carter Family Trust, dated June 20, 2002, (hereinafter referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is being developed into a single-family residence, in accordance with applications for a Minor Development Review 11-014 and Grading Permit Number G12-0007, which are on file with the CITY. This Agreement is required as a condition of approval for such development. WHEREAS, in accordance with the City of Poway's Stormwater Management and Discharge Control Ordinance, Poway Municipal Code, Chapters 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 Facilities which are identified as "Best Management Practices" or "BMPs": Four bioretention basins and multiple "No Dumping" stenciling and drainage improvements all as shown on the approved plans. The precise location(s) and extent of the BMPs are indicated on the approved grading plans on file with CITY's Development Services Department as G12-0007. 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 "B". Because additional impervious area may require the addition of or alteration of storm water facilities and strategies, no impervious area may be added to the project site without prior approval from the City Engineer. Additional impervious area includes, but is not limited to, patio covers, hardscape https:Hgs.secure-erds.com/Batch/Confirmation/l6377888 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 AP N: 321-271-43-00 (THIS SPACE FOR RECORDER'S USE) STORM WATER FACILITIES MAINTENANCE AGREEMENT Carter Residence / 13839 Millards Ranch Lane (G12-0007) 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 Facilities is entered into between the Property Owner(s) The Carter Family Trust, dated June 20, 2002, (hereinafter referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is being developed into a single-family residence, in accordance with applications for a Minor Development Review 11-014 and Grading Permit Number G12-0007, which are on file with the CITY. This Agreement is required as a condition of approval for such development. WHEREAS, in accordance with the City of Poway's Stormwater Management and Discharge Control Ordinance, Poway Municipal Code, Chapters 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 Facilities which are identified as "Best Management Practices" or "BMPs": Four bioretention basins and multiple "No Dumping" stenciling and drainage improvements all as shown on the approved plans. The precise location(s) and extent of the BMPs are indicated on the approved grading plans on file with CITY's Development Services Department as G12-0007. 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 "B". Because additional impervious area may require the addition of or alteration of storm water facilities and strategies, no impervious area may be added to the project site without prior approval from the City Engineer. Additional impervious area includes, but is not limited to, patio covers, hardscape improvements, and building additions. WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon by CITY in approving OWNER's development applications. It is the purpose of this Agreement to assure that the BMPs are maintained, by creating obligations that are enforceable against the OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these obligations be enforceable notwithstanding other provisions related to BMP maintenance that are provided by law. NOW, THEREFORE, for consideration of (a) CITY's approval of the above development applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS FOLLOWS: 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 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 SWFMA (G12-0007) 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 "C" and 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 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 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. 9. Agreement Binds Successors and Runs With the PROPERTY. It is understood and agreed SWFMA (G12-0007) Page 3 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: The Carter Family Trust, dated June 20, 2002 eith A. Carter, Trustee By: lAn " _ Lenore D. Carter, rustee Date: 2z? G Date:J (�- (signature must be notarized) SWFMA (G12-0007) 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 Diego On August 8, 2023 before me, Yvonne Mannion, Notary Public Date Here Insert Name and Title of the Officer personally appeared Keith A. Carter and Lenore D. Carter 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION WITNESS my hand and official seal. Notary Public - California I - San Diego County 1 Commission N 2363699 '�l ,l {. „r 1 `'���oa"��\ My Comm. Expires Jul 1, 2025 Signature Signature ofNotary 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 Facilities Maintenance Agreement G12-0007 Document Date: 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 Fl Other - Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.Nationa[Notary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CITY OF POWAY: RobertJIJ. Manis Director of Development Services APPROVED AS TO FORM: Office of the City Attorney Alan Fenstermacher City Attorney Date: (signature must be notarized) Attachments 1. Certificate of Acceptance 2. Exhibit A — Legal Description of Property 3. Exhibit B — Operation and Maintenance Plan 4. Exhibit C — Easement Legal Description 5. Exhibit D — Easement Plat APPROVED AS TO CONTENT: Engineering Division 1,-� 8-"J, Tracy B a , P.E. City Engineer SWFMA (G12-0007) Page 5 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 ry t On ?/t 23 before me, 61I3 IAclxkr (insert name and title of the officer), personally appeared bark '�. ,A`,,. 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. 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. ELUS WEBSTER Notary Public - California 33 San Diego County s Signature (Seal) Commission 0 2452080 My Comm. Ex►ires JI.� 2:27 CERTIFICATE OF ACCEPTANCE (Storm Water Facilities Maintenance Agreement) This is to certify that.the interest in real property located in the City of Pow y conveyed by the Grant of Easement described in Item 5 of the attached document dated Z S3 from The Carter Family Trust, dated June 20, 2002, 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: G to,' 3 Seal: CITY OF POWAY DESCRIPTION PARCEL A: THOSE PORTIONS OF LOTS 4 AND 5 OF CITY OF POWAY TRACT NO. 89-01, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12975, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1992, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 4 OF SAID MAP NO. 12975, EXCEPTING THEREFROM THAT PORTION OF SAID LOT 4.DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 890 29' 43" EAST ALONG THE NORTHERLY LINE OF SAID LOT 4, A DISTANCE OF 143.15 FEET; THENCE SOUTH 19021117" WEST A DISTANCE OF 348.48 FEET; THENCE SOUTH 11031'44" WEST A DISTANCE OF 388.48 FEET; THENCE SOUTH 12034'50" EAST A DISTANCE OF 232.48 FEET; THENCE SOUTH 43018'25" WEST A DISTANCE OF 50.75 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 4 DISTANT THEREON NORTH 0G047'03" WEST 340.85 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 0G047'03" WEST A DISTANCE OF 371.00 FEET ALONG SAID WESTERLY LINE TO AN ANGLE POINT IN SAID WESTERLY LINE; THENCE NORTH 07021'43" EAST A DISTANCE OF 608.63 FEET ALONG SAID WESTERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 4 AND THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOT 5 OF MAP NO. 12975, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH 88006'25" EAST ALONG THE SOUTHERLY LINE OF SAID LOT 5 A DISTANCE OF 371.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH 06047'03" WEST A DISTANCE OF 340.85 FEET ALONG THE EASTERLY LINE OF SAID LOT 5; THENCE SOUTH 43018'25" WEST A DISTANCE OF 481.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 5 AND THE POINT OF BEGINNING. SAID LAND IS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 21, 1999 AS FILE NO. 1999-0708733, OFFICIAL RECORDS AND RE -RECORDED OCT03ER 28, 1999 AS FILE NO. 1999-0721734, OFFICIAL RECORDS. PARCEL B: A 40.00 FOOT EASEMENT FOR ROAD AND UTILITY PURPOSES OVER A PORTION OF THE WEST HALF OF SECTION 8, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, State of California, THE CENTERLINE OF SAID EASEMENT DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 8 DISTANT THEREON NORTH 000 32' 30" WEST, 1303.69 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 830 49' 12" EAST, 267.48 FEET; THENCE NORTH 500 56' 40" EAST, 77.86 FEET; THENCE NORTH 890 09' 53" EAST, 193.51 FEET; THENCE SOUTH 590 39' 04" EAST, 153.70 FEET; THENCE NORTH 87° 11' 26" EAST, 278.19 FEET; THENCE NORTH 760 42' 14" EAST, 96.30 FEET; THENCE SOUTH 660 21' 31" EAST, 99.65 FEET; THENCE SOUTH 790 20' 48" EAST, 93.24 FEET; THENCE NORTH 110 48' 46" EAST, 239.81 FEET; THENCE NORTH 100 25' 03" WEST, 239.87 FEET; THENCE NORTH 070 18' 57" WEST, 96.4E FEET; THENCE NORTH 210 05' 36" EAST, 131.27 FEET; THENCE NORTH 350 54' 18" EAST, 248.07 FEET; THENCE NORTH 020 40' 52" EAST, 231.09 FEET; THENCE NORTH 420 29' 30" EAST, 714.12 FEET; THENCE NORTH 44' 46' 42" EAST, 428.28 FEET; THENCE NORTH 520 33' S2" EAST, 99.88 FEET; 'THENCE NORTH 780 45' 56" EAST, 263.60 FEET; THENCE NORTH 420 27' 00" EAST TO A POINT IN A LINE 20.00 FEET WESTERLY OF AND DESCRIPTION PARALLEL WITH THE EAST LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO THE INTERSECTION WITH THE SOUTHERLY LINE OF SAID ROAD SURVEYS 472 AND 1713, KNOWN AS POWAY ROAD. EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN SAID MAP NO. 12975. PARCEL C: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE NORTHERLY 20 FEET OF LOTS 2, 3, 4 AND 5 OF CITY OF POWAY TRACT 89-01, ACCORDING TO MAP THEREOF NO. 12975, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1992. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A ABOVE. WATER QUALITY TECHNICAL REPORT GRADING, IMPROVEMENT, AND EROSION CONTROL PLAN FOR CARTER RESIDENCE (MDRA 11-14) CITY OF POWAY, CALIFORNIA ATTACHMENT 4: OPERATIONS AND MAINTENANCE PLAN Operations & Maintenance of BMPs is essential for the success of any SUSMP. In order to perform proper O&M the owners of the Carter Residence MDRA 11-14 (Mr. and Mrs. Carter) will be required to maintain and inspect their Permanent and Post Construction BMPs for the life of the project. An inspection schedule, maintenance instructions, and other BMP related items have been include in this attachment. O&M PLAN FISCALLY RESPONSIBLE PARTY CONTACT INFORMATION Project Name: Carter Residence Project Location: 13839 Millard's Ranch Road Poway, CA 92064 Permit Number: MDRA 11-14 Fiscally Responsible Party for O&M: Keith and Lenore Carter Contact Name: Keith and Lenore Carter Contact Street Address: 13839 Millard's Ranch Road Contact City, State, Zip: Poway, CA 92064 Contact Phone Number: Contact Fax Number: Contact Email Address: Start Date of Responsibility: O&M PREPARER'S CONTACT INFORMATION O&M Plan Prepared By: Wynn Engineering, Inc. O&M Preparer Street Address: 27315 Valley Center Road O&M Preparer City, State, Zip: Valley Center, CA 92082 O&M Preparer Phone Number: (769) 749-8722 O&M Preparer Fax Number: (749) 749-9412 O&M Preparer Contact: Robert Reiner O&M Preparer Contact Email Address: robert(c-)wynnengineering.com 4-1 WATER QUALITY TECHNICAL REPORT GRADING, IMPROVEMENT, AND EROSION CONTROL PLAN FOR CARTER RESIDENCE (MDRA 11-14) r CITY OF POWAY, CALIFORNIA ASSOCIATED MAINTENANCE LOG r" The Carter Residence (MDRA 11-14) shall use the project specific maintenance log form blank attached to the end of this attachment to keep a record of maintenance activities. The City of Poway requires O&M records to be kept and maintained for a r minimum of 5 years, but keep in mind that the Regional Water Quality Control Board can ask for inspection and maintenance records at any time from the time of initial installation. The attached maintenance log is general and fill-in the blank. This log is r intended to be copied each time it is needed. ASSOCIATED INSPECTION FORM The Carter Residence (MDRA 11-14) may use the project specific inspection form blank included in this attachment to keep a record of inspection and maintenance activities. The City of Poway requires that records must be kept for 5 years, but keep in mind that the Regional Water Quality Control Board can ask for inspection and maintenance records at any time from the time of initial installation. The attached inspection form is general and fill-in the blank and is intended to be copied each time it is needed. INSTALLED PERMANENT AND POST CONSTRUCTION BMP DEVICES The Carter Residence (MDRA 11-14) will be utilizing the following Permanent and Post - Construction BMPs and devices: SOURCE CONTROL REFERENCES Please see the attached references. Included for reference are the following items: • CASQA BMP Fact Sheet SD-10: Site Design and Landscape Planning • CASQA BMP Fact Sheet SD-12: Efficient Irrigation To save on reproduction costs and environmental resources, electronic copies of the above referenced CASQA BMP Fact Sheets can be found at the following web address: http://www.cabmphandbooks.com/Development.asp **Please note that this link and the associated information are not maintained by Wynn Engineering, Inc. and we cannot be held accountable if this link or internet location changes. 4-2 WATER QUALITY TECHNICAL REPORT GRADING, IMPROVEMENT, AND EROSION CONTROL PLAN FOR CARTER RESIDENCE (MDRA 11-14) CITY OF POWAY. CALIFORNIA SITE DESIGN REFERENCES Please see the attached references. Included for reference are the following items: ® CASQA BMP Fact Sheet SD-10: Site Design and Landscape Planning CASQA BMP Fact Sheet SD-12: Efficient Irrigation To save on reproduction costs and environmental resources, electronic copies of f the above referenced CASQA BMP Fact Sheets can be found at the following web address: http://www.cabmphandbooks.com/Development.asp **Please note that this link and the associated information are not maintained by Wynn Engineering, Inc. and we cannot be held accountable if this link or internet location changes. COUNTY OF SAN DIEGO LID DESIGN REFERENCES t Please see the attached references. Included for reference are the following items: • COSD LID Fact Sheet 7: Bioretention Area To save on reproduction costs and environmental resources, electronic copies of the above referenced County of San Diego Low Impact Development (LID) Fact Sheets can be found on the County of San Diego's web site at the following web address: http://www.sdcounty.ca.gov/dplu/docs/LID-Appendices.pdf **Please note that this link and the associated information are not maintained by Wynn Engineering, Inc. and we cannot be held accountable if this link or internet location changes. INSPECTION FREQUENCY In order to properly implement the Carter Residence (MDRA 11-14) O&M Plan all BMPs must be maintained at regular intervals and after qualifying rain events. The next section will dictate what specific maintenance frequencies and indicators are required to J a properly execute this O&M Plan. Unless otherwise specified in an individual BMP, all BMPs are to be inspected at least twice a year. One inspection shall be between 30 days and 60 days prior to the start of the rainy season to insure that all necessary maintenance and repairs can be performed prior to the start of the rainy season. The second inspections shall be immediately after the end of the rainy season. g. 4-3 C G F L_ WATER QUALITY TECHNICAL REPORT GRADING, IMPROVEMENT, AND EROSION CONTROL PLAN FOR CARTER RESIDENCE (MDRA 11-14) CITY OF POWAY, CALIFORNIA TYPICAL MAINTENANCE ACTIVITIES The following is a compilation of Routine Actions required for each installed BMP on the project site. BIORETENTION SYSTEM (COSD FS-7) The following is inspection and maintenance guidance information for bioretention systems: Routine Action: Inspect Health of Vegetation Maintenance Indicator: Dead Vegetation or Bio Field Measurements: Visual Inspection Inspection Frequency: Twice a year Maintenance Activity: Re-establish vegetation as needed Approximate Costs: Varies per maintenance required Routine Action: Inspect for Debris Accumulation Maintenance Indicator: Debris, trash, or litter present Field Measurements: Visual Inspection Inspection Frequency: During routine landscaping, minimum twice a year Maintenance Activity: Remove debris, trash, and litter Approximate Costs: None anticipated 4-4 WATER QUALITY TECHNICAL REPORT GRADING, IMPROVEMENT, AND EROSION CONTROL PLAN FOR CARTER RESIDENCE (MDRA 11-14) CITY OF POWAY, CALIFORNIA Routine Action: Inspect for Sedimentation Accumulation Maintenance Indicator: Sediment at or near height of vegetation Field Measurements: Visual Inspection Inspection Frequency: 1. End of Summer Season 2. End of Rainy Season Maintenance Activity: Remove Sediment and re -vegetate Approximate Costs: $1,100 per maintenance (Approx. once every three years) Routine Action: Inspect for Standing Water Maintenance Indicator: Standing water after 96 hours Field Measurements: Visual Inspection Inspection Frequency: After each qualifying rain event Maintenance Activity: Dewater and inspect sub -drain discharge points (when applicable), Possibly replacement of soils areas if sub -drain clogged or not functioning Approximate Costs: Varies per maintenance required 4-5 WATER QUALITY TECHNICAL REPORT GRADING, IMPROVEMENT, AND EROSION CONTROL PLAN FOR CARTER RESIDENCE (MDRA 11-14) CITY OF POWAY, CALIFORNIA STORM DRAIN STENCILING AND SIGNAGE (SD-13) The following is inspection and maintenance guidance information for Storm Drain Stenciling and Signage: Routine Action: Inspect Symbol Paint for visibility Maintenance Indicator: Symbols and words are no longer visible Field Measurements: Visual Inspection Inspection Frequency: 1. Once during wet season 2. Once during dry season Maintenance Activity: Re -apply paint to symbols and words. Approximate Costs: $100 per maintenance INSPECTION AND MAINTENANCE RECORDS All copies of the project's Maintenance Logs and Inspections Reports should be kept on file with primary copy of this Water Quality Technical Report. Records should be kept for the life of the project site's BMPs. APPROPRIATE MAINTENANCE MECHANISMS The City of Poway and the owners of the project site will enter into and execute an agreement to assure inspection and maintenance activities are performed. A draft of this is included at the end of this attachment for reference. The final version will be signed and executed by the owner and the City. 4-6 WATER QUALITY TECHNICAL REPORT GRADING, IMPROVEMENT, AND EROSION CONTROL PLAN FOR CARTER RESIDENCE (MDRA 11-14) CITY OF POWAY. CALIFORNIA BMP O&M MAINTENANCE LOG The following is a O&M Maintenance Log that is to be used in tracking the post - construction maintenance of installed post -construction BMPs. O&M PLAN FISCALLY RESPONSIBLE PARTY CONTACT INFORMATION Project Name: Carter Residence Project Location: 13839 Millard's Ranch Road Poway, CA 92064 Permit Number: MDRA 11-14 Fiscally Responsible Party for O&M: Ms. Lenore Carter Contact Name: Ms. Lenore Carter Contact Street Address: 13839 Millard's Ranch Road Contact City, State, Zip: Poway, CA 92064 Contact Phone Number: Contact Fax Number: Contact Email Address: Start Date of Responsibility: O&M PREPARER'S CONTACT INFORMATION O&M Plan Prepared By: Wynn Engineering, Inc. O&M Preparer Street Address: 27315 Valley Center Road O&M Preparer City, State, Zip: Valley Center, CA 92082 O&M Preparer Phone Number: (769) 749-8722 O&M Preparer Fax Number: (749) 749-9412 O&M Preparer Contact: Robert Reiner O&M Preparer Contact Email Address: robert(a_wynnengineering.com MAINTENANCE LOG SHEET Please use the Maintenance Log Sheet on the following page as a blank to be copied and used for the project's O&M Maintenance Log. All items listed below pertain only to maintenance activities. Please keep the log sheets for proof that O&M has been performed on all applicable post -construction BMPs. In addition, place all applicable contacts, contracts, and inspection reports with the maintenance logs. Attachment 4 — Maintenance Log Z Oy vc O z El O z El O z O z El O z El O z El O z El O z El O z El O z El u. o Wa n.W co U U) U) U) U) U) U) U) U) m as W j � Q C9 Z a �O U O W Z O a LU I I I I I I I o a I I JJJJJ j j J J J a: _ U WO C� o Z a w U � O Z V Z I o. WATER QUALITY TECHNICAL REPORT GRADING, IMPROVEMENT, AND EROSION CONTROL PLAN FOR CARTER RESIDENCE (MDRA 11-14) CITY OF POWAY, CALIFORNIA PERMANENT EMP INSPECTION REPORT GENERAL INSPECTION INFORMATION Project Name Carter Residence City Reference No.: Grading, Improvement, and Erosion Control Plan (MDRA 11-14) Owner's Name: Carter Inspector's Name: Inspector's Company: Inspector's Phone No.: Inspector's Signature: Inspection Date: INSPECTION DAY INFORMATION Inspection Type: ❑ Prior to Forecast Rain ❑ 24-Hour Interval During Extended Rain Event ❑ After a rain Event ❑ Other: Season: ❑ Wet (Rainy) ❑ Dry (non -Rainy) Storm Data: Storm Start Date & Time: Storm Duration (hours): Time Elapsed Since Last Storm: Min Hrs Days Approximate Rainfall Amount (mm) Attachment 4 — Inspection Report WATER QUALITY TECHNICAL REPORT GRADING, IMPROVEMENT, AND EROSION CONTROL PLAN FOR CARTER RESIDENCE (MDRA 11-14) CITY OF POWAY, CALIFORNIA COSD LID BIORETENTION SYSTEM (FS-7) INSPECTION TABLE.. Was this item inspected this site visit: ❑ YES ❑ NO INSPECTION REQUIREMENT INSPECTED THIS VISIT See Corrective Action Note Inspect Health of Vegetation ❑ YES ❑ NO Inspect Debris Accumulation ❑ YES ❑ NO Inspect for Sedimentation Accumulation ❑ YES ❑ NO Inspect for Standing Water ❑ YES ❑ NO Corrective Action Notes: 1. 2. 3. H 5. Attachment 4 — Inspection Report tots WATER QUALITY TECHNICAL REPORT GRADING, IMPROVEMENT, AND EROSION CONTROL PLAN FOR CARTER RESIDENCE (MDRA 11-14) CITY OF POWAY, CALIFORNIA STORM DRAIN STENCILING AND SIGNAGE INSPECTION TABLE Was this item inspected this site visit: ❑ YES ❑ NO INSPECTION REQUIREMENT INSPECTED THIS VISIT See Corrective Action Note Inspect Symbol Paint for Visibility ❑ YES ❑ NO Corrective Action Notes: 1. 2. 3. Ej Attachment 4 — Inspection Report 3 of 3 EXHIBIT "C" THAT PORTION OF LOT 4 OF CITY OF POWAY TRACT NO. 89-01, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THERE OF NO. 12975, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1992, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 4 OF SAID MAP NO. 12975; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4, NORTH 59°22'35" WEST 1.97 FEETTO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE, SOUTH 23°07'11" WEST 109.79 FEET TO THE BEGINNING OF A 260.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8'19'37", A DISTANCE OF 37.79 FEET; THENCE SOUTH 31°26'49" WEST 78.63 FEETTO THE BEGINNING OF A 240.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°53'53", A DISTANCE OF 83.35 FEET; THENCE SOUTH 11°32'56" WEST 211.78 FEETTO THE BEGINNING OF A 210.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°08'56", A DISTANCE OF 40.86 FEET; THENCE SOUTH 22°41'52" WEST 60.29 FEET TO THE BEGINNING OF A 140.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°46'37", A DISTANCE OF 133.85 FEET; THENCE SOUTH 32°04'45" EAST 40.15 FEET; THENCE SOUTH 84°26'11" EAST 41.59 FEET; THENCE SOUTH 33°26'31" EAST 29.33 FEET; THENCE SOUTH 56'33'29" WEST 33.60 FEET TO THE BEGINNING OF A NON -TANGENT 186.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 56-33,29" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°02'38", A DISTANCE OF 35.85 FEET; THENCE SOUTH 45°30'51" WEST, A DISTANCE OF 29.44 FEET TO THE BEGINNING OF A NON -TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 42°22'05" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 124°52'05", A DISTANCE OF 21.79 FEET; THENCE TO THE POINT OF BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 95.00 FEET, CONCAVE SOUTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 51°59'39", A DISTANCE OF 86.21 FEET; THENCE SOUTH 25`14'32" EAST 171.92 FEET; THENCE SOUTH 57°36'40" EAST 48.08 FEET; THENCE SOUTH 15°13'17" EAST 49.76 FEET; THENCE SOUTH 32°23'20" WEST 82.59 FEET; THENCE NORTH 57°36'40" WEST 39.11 FEET; THENCE NORTH 00°44'55" EAST 122.34 FEET; THENCE NORTH 25°14'32" WEST 162.75 FEETTO THE BEGINNING OF A 75.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 51°59'39", A DISTANCE OF 68.06 FEETTO THE POINT OF BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 30.00 FEET, CONCAVE NORTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 124°52'05", A DISTANCE OF 65.38 FEET; THENCE NORTH 50°49'57" EAST 9.63 FEET TO THE BEGINNING OF A NON -TANGENT 206.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 50-49,57" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°43'32", A DISTANCE OF 20.59 FEET; THENCE NORTH 32°04'45" WEST 19.09 FEET; THENCE SOUTH 57"55'15" WEST 16.79 FEET; THENCE NORTH 20°53'14" EAST 18.64 FEET; THENCE NORTH 57°55'15" EAST 13.12 FEET; THENCE NORTH 32°04'45" WEST 59.37 FEET TO THE BEGINNING OF A 160.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°30'30", A DISTANCE OF 62.85 FEET; THENCE SOUTH 83°34'17" WEST 18.11 FEET; THENCE NORTH 6"25'43" WEST 9.00 FEET; THENCE NORTH 83'34'17" EAST 9.87 FEETTO THE BEGINNING OF A NON -TANGENT 168.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE Page 1 of 2 TO SAID POINT BEARS SOUTH 83'38'59" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°29'10", A DISTANCE OF 80.59 FEET; THENCE NORTH 68°39'56" WEST4.00; THENCE NORTH 21°55'09" EAST4.68 FEET; THENCE NORTH 22°41'52" EAST60.29 FEET TO THE BEGINNING OF A 178.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11`08'56", A DISTANCE OF 34.64 FEET; THENCE NORTH 11°32'56" EAST 56.90 FEET; THENCE SOUTH 78'27'04" EAST 12.00 FEET; THENCE NORTH 11°32'56" EAST 154.89 TO THE BEGINNING OF A 260.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°53'53", A DISTANCE OF 90.29 FEET; THENCE NORTH 31°26'49" EAST 78.63 FEET TO THE BEGINNING OF A 240.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8-19'37", A DISTANCE OF 34.88 FEET; THENCE NORTH 23°07'11" WEST 112.42 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 4; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4, SOUTH 59°22'35" EAST 20.17 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL HAS AN AREA OF 36,283 +/- SQUARE FEET. "'4" Amanda R. Jones, PLS 9576 I S Page 2 of 2 KEY MAP SCALE; 1' = 200' DETAAIL "A" REFER TO SHEET 2 OF 3 L MILLARDS L1 L l l--/ DETAIL "C" v REFER TO "A" SHEET 3 OF 3 P \ L9 ' P❑RTI❑N OF LOT 4 MAP 12975 DETAIL " B" i �T REFER TO SHEET 2 OF 3 G L8 APN 321-271-43 PARCEL 'B' ❑F B/A 99-05 PER D❑C, N❑, 1999-0708733 REC. 10-21-1999 EXHIBIT "D" SEE KEY MAP DETAIL BELOW RIGHT -3 PROPOSED ST❑RMWATER EASEMENT MATCH LINE L7- LAND �a0 ✓o No. LS 9576 �LIFOR�'' ZZZ2 36 283E SAREA-❑F EASEMENT j PROPERTY LINE DATA LINE TABLE LINE # BEARING LENGTH L1 S89' 29' 43"W 6.72' L2 N59' 22' 35"W 78.79' L3 N 19' 52' 23"E 419.35' L4 N38' 54' 01 "W 428.57' L5 N06' 47' 03"W 255.00' L6 N32' 23' 20"E 336.70' L7 N88' 06' 25"E 559.06' L8 S43' 18' 25"W 532.72' L9 S 12' 34' 50"E 232.49' L10 S11' 31' 44"W 388.48' L11 S19' 21' 17"W 348.48' KEY MAP DETAIL SCALE; 1' = 50' o MILLARDS h, L1 9. P❑B, P❑RTI❑N OF / \ T.P.❑.B, LOT 4 MAP 12975 DETAIL "A" i / — L 3' L38— L37— C12— EXHIBIT "D" L12 I N MATCH LINE / DETAIL "C" SCALE: it = 100' SEE SHEET 4 FOR LINE & CURVE DATA VZZ2 36 2❑83E S,F AREA _❑F EASEMENT DETAIL "B" J ' MATCH LINE U rAr 1 L 17 DETAIL "C" ON C ` N cu � J J I SCALE; 1' = 100' L A `SG o No. LS 9576 FO EXHIBIT "D" S83'38'59'W(R) U L36---Ir—____-- un FcM JL--- -1 1 L34 �1 1 `V& L17 DETAIL "C" SCALE, I' = 30' / LAND R O� r o G Vco c a o. LS 9576 ' IFO �/7 � 36 283 S.F,R+A _❑F EASEMENT L5l �N 32� cJc�o� C'r�� o i U SEE SHEET 4 FOR LINE & CURVE DATA EXHIBIT "D" LINE TABLE LINE TABLE LINE TABLE CURVE TABLE CURVE # RADIUS DELTA LENGTH Cl 260.00' 8'19'37" 37.79' C2 240.00' 19'53'53" 83.35' C3 210.00' 11'08'56" 40.86' C4 140.00' 54'46'37" 133.85' C5 186.00' 11'02'38" 35.85' C6 10.00' 124'52'05" 21.79' C7 95.00' 51'59'39" 86.21' C8 75.00' 51'59'39" 68.06' C9 30.00' 124'52'05" 65.38' C10 206.00' 5'43'32" 20.59' C11 160.00' 22'30'30" 62.85' C 12 168.00' 27°29' 10" 80.59' C13 178.00' 11'08'56" 34.64' C14 260.00' 19'53'53" 90.29' C 15 240.00' 8' 19'37" 34.88'