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Storm Water Management Facilities Maintenance Agreement 2005-0714161 - ( - ~ '~. .t. R'CORO,"G R'Q",S'! " q(X)~ ,D0C# 2005-0714161 111111111 I1II illl! III/I 11111111111111111111111111111111111111111111 -.. ': ~ CITY OF POWAY AUC. 19 2005 12:34 PM A' AND WHEN RECORDED MAIL TO' 1-IFFICli~.L FiECOF:[I':, ';.t.J-! [JJ[GCi U IUI'I f'l REel jR[IEF:'~, CiF~ICE 1,Mf\- CITY CLERK CiF:EGUF:'1 .1 SMITH, CounT I f:ECOF:['ER FEE'= 0,00 """ .',: Nr CITY OFPOWAY cle. 11,0 POBOX 789 P.::..GE> 12 POWAY, CA 92074 lilli/I 11111 111111111111111 1111111111 IlIii 11111 11111 III!! I!III I !!illllll 1111 1111 NO TRANSFER TAX DUE 2005-0714161 STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT (G 1444-04) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between ~ I ~ 4D9 - All en Basi 1 e (hereinafter referred to 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 'iA" hereto (hereinafter.. referred to as the "PROPERTY"), and has proposed that the PROPERTY be developed as a single family residence in accordance with applications for Grading Permit No, G1444-04 which are onJile with the CITY This Agreement is required as a condition of approval for such development. WHEREAS, in accordance with the City of Poway's Standard Urban Storm Water Mitigation Plan, poway Municipal Code, Chapter 16, Division VI (the "SUSMP Ordinance"), the City of Poway Subdivision Ordinance, the Cityo! Poway Zoning Ordinance, the City of Poway Grading Ordinance and/or other ordinances or regulations of CITY which regulate land development and urban runoff, OWNER has proposed that storm.water runoff from the PROPERTY be managed by the use of the following Storm Water Management Facilities which are identified as "Best Management Practices" or llBMP'S"' The precise,location(s)' and extent of the BMP's are indicated on the grading plans dated S/.z/05 on file with CITY's Deveiopment Services Department as G1444-04 The manner and stand<Jrds by which the BMP's must be repaired and maintain\lcfjnorder to retain their effectiveness are as' set forth in the' Operation Maintenance Plan (hereinafter "O&M PLAN") which is attached hereto and incorporated herein as Exhibit "B" WHEREAS, OWNER's representations that the BMP's will be maintained have been relied upon by CITY in approving OWNER's development applications, It is the purpose of this Agreement to assurethatthe'BMP'sare maintained, by creating obligations which 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 which are provided by law 05~/31 . 9Q~ . NOW, If.lEREFORE, for consideration of (a) CITY's approval of the above development applications'and:(b) the mutual covenants setfoiih herein,IT ISHEREBY AGREED AS FOLLOWS, 1 Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and its successors in interest, to all,oranyportion of the, PROPERTY, to comply in all respects with the requirements of the SUSMP Ordinance with regardsto the maintenance of BMP's, and in particular agrees to perform, at its sole cost: expense and liability, the following "MAINTENANCE ACTIVITIES'" all inspections, c;leaning, repairs, servicing, maintenance and other actions specified in theO&M PLAN, withTespect to all of the BMP's listed above, at the times and in the manner specified in the O&M PLAN, OWNER shall initiate, perform and complete all MAINTENANCE ACTIVITIES at the required time, without request or demand from CITY or any other agency OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include replacement or modification of the BMP's in the event of failure, Replacement shall be with an identical type, size and model of BMP, except that: (a) The CITY's Engineer riiayauthorize substitution of an altemative BMP if he or she determines that it will function as well as the failed BMP; and (b) If the failure ofthe BMP, in the judgment of the CITY's Engineer indicates that the BMP in use is inappropriate or inadequate to the circumstances, the BMP must be modified or replaced with an upgraded BMP to prevent future failure in'the same or similar circumstances, 2, Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on which any of the above,BMP's are located, and also prior to transferring ownership of any such BMP, provide clear written. notice of the above maintenar')ceobligations associated with that BMP to the transferee, OWNER further agrees to provide evidence to CITY Engineer that OWNER has requested the California Department of Real Estate to include in the,public report issued for the development of the PROPERTY, a notification regarding the BMP maintenanceTequirements described herein, 3, CITY's RighUo Perform Maintenance. It is agreed that CITY shall have the right, but not the obligation, to ele<;:tto perform any or all of the MAINTENANCE ACTIVITIES if, in'the CITY's sole judgment, OWNER has failed to perform the same. It is recognized and understood that the CITY makes no representation tnat it iniends to orwill 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 orrepresentation by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER"as is", and shall be covered by OWNER's indemnity provisions below If CITY performs any of the MAINTENANCE ACTlVITIES, 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, OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation, 4 Grantof Easement,t():CITY OWNER hereb'y grants to CITY a perpetual easement over, under and across all of the PROPERTY described in E,xhibit "A" hereto, for purposes of accessing the BMP's and performing any of the MAINTENANCE ACTIVITIES specified in . 90C4 -. . , Paragraph 1 above, CITY shall have the right, at any time and without prior notice to OWNER, to entereupon any R,art of said area as may be necessary or convenient for such purposes, OWNER shall atall times maintain the PROPERTY so as to make CITY's access clear and unobstructed, 5, Admini~t~ation of AgreefnenUor CITY. CITY hereby designates its Engineer as the officer charged with responsibility and authority to administer this Agreement on behalf of CITY Any notice or communication related to the implementation of this Agreement desired or required to be delivered to CITY shall be addressed to: City Engineer City of poway 13325 Civic Center Drive Poway, CA 92064 The City Engineer is also granted authority to enter into appropriate amendments to this Agreement on behalf of CIT'!;,:provided that the amendment is consistent with the purposes of this Agreementas, sei.fortn above, 6, Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors in interest shall defend and indemnify CITY and the employees and agents of CITY (collectively "CITY PARTIES"), against any and all claims, demands, Iiability,.judgments, awards,fines, mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attomeys' fees and court costs (hereinafter collectively referred to as "CLAIMS"), related to this Agreemenland 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 caus.ed 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 wi IIfu II misconduct of CITY PARTIES, Nothing is this Agreement, CITY's approval of the development application or plans and specifications, oLi!lspection of the work, is intended to acknowledge responsibility for 'any such matter, and CITY PARTIES shall have.absolutely no responsibility or liability therefore unless otherwise provided by applicable law 7 Common Interest Developments. If the PROPERTY is developed asa "Common Interest Development" as defined'in.Civil Code section 1351 (c) which will include membership in'or ownership of an "ASSOCIATION" as defined in Civil Code section 1351(a), then the following provisions of this Paragraph 8 shall apply during such time as the PROPERTY is encumbered by a "DECLARATION" as defined in Civil Code section 1351(h), and the Common Area, as "Common Area:' is defined in Civil Code section 1351(b), of the PROPERTY is managed and contr.olled by the ASSOCIATION: (a) The ASSOCIATION, through its Board of Directors; shall assume full responsibility to perform the MAINTENANCE ACTIVITIES purstJant to this Agreement. and shall undertake all actions and efforts necessary to accomplish the MAINTENANCE ACTIVITIES, including but not limited to, levying regular or special assessments against each member of the ASSOCIATION sufficient to provide funding for the MAINTEN.ANCEACTIVITIES, conducting a vote of the membership related to such assessments if required by law In the event insufficient votes have been obtained to authorize an assessment, the ASSOCIATION. shall seek authority from a court of . 9005 . competent jurisdiction for a reduced percentage of affirmative votes necessary to authorize the assessment, re-conducting the vote of the membership in order to obtain the votes necessary to authorize an assessment, and the ASSOCIATION shall take all action authorized by the DECLARATION or California law to collect delinquent assessments, including but not limited to, the recording and foreclosure of assessment liens, (b) No provision of the DECLARATION, nor any other governing document of the ASSOCIATION or grant of authority to its members, shall grant or recogilize a right of any mefDber or other person to alter, improve, maintain or repair any of the PROPERTY in ,any manner which would impair the functioning of the BMP's to manage drainage' or stormwater runoff In the event of any conflict between the terms of this Agreement and the DECLARATION or other ASSOCIATION governing documents" the provisions of this Agreement shall prevail. 8, Agreement Binds Successors and Runs With the PROPERTY It is understood and agreed that the terrns,coveilants and conditions herein contained shall constitute covenants running with the land ang shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be. deemeg 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 may be recorded'and shall be binding upon all persSlns 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 9 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 maintel')ance of BMP's which may have arisen under the ordinances or regulations of CITY referred to in Recital B above, or other federal, state or CITY laws, on account of OWNER having obtained a permit which creates such obligations or having commenced grading, construction, or other land disturbance work, 10, Amendment and Release. The terms of this Agreement may be modified only by a written amendment approved and signed by the City Councilor the CITY Engineer 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 BMP's or that it is no longer necessary to assure such maintenance, . 9006 . 11 Governing Law and Severability. This Agreement shall be governed by the laws of the State of California, Venuein.,anyaction related. to this Agr.eement shall be in the Superior COl,lrt oftheState cif California, County of San Diego, 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 theTemaining provisions shall not be affected thereby IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter For OWNER: ~ c@~ Date: rs,-/3r05 I\lleN (:,A S " I <- Date: For CITY OF POWAY Date: 7-1;-05 . 9007 . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT -<-, " 1 State of California } ss " County of ,.5~.,j b I' ~..5 D " " On~'\e... \ ~) '2..0/')<; before me, ~ l~~ an!T:t1er::Otl~e~~'~Jan~~.to~jllc~uh/lc , , Date 1 f>---( I.,. ^ \ (~As., 1-<- 1 i personally appeared , Name(s\ofSigner(s) 7-hersOlially known to me , o proved to me on the basis of satisfactory , I' evidenc~ 1 'I to be the person("" whose narne~ is/"",,- ,I subscribed fa the within instrument and ,I r acknowledged to me that he/s~ executed r I' the same in his/hefAAei< authorized 1 I ~ JOLlNoA L. GREY capacity~, and that by his/h~r I I ~ Cornm,saion'.1371180 z signature\Jljon the instrument the person"", or 'I ~ ',' NotaryP.ubllc' California ~ the enfity upon behalf of which the person~ 'I L ~ 'SanDklgo Cou~ty i acted, executed the instrument. ,I ~, ' " MyCorrm,ExpiMlAug2Q,2006 , _ _ _ __ u ..;.,'. _ - - - ....... - I ,I 'i ,I OPTIONAL , Though the information below is not required by law, it may prove valuable to persons relyi~g on the document and could prevent ,I fraudulent removai'and reattachment of this form to another document. 'I Description of Attached Document C'1'i of' Pc,.NA'1 Title or Type of Document Sf MM \AJ {>< \ e...v- IY1 f\;\-I ^ 5<- fY\-< ,A FAc: 1 M ....:.; +<Al "-Ale ~ .....'I'~ e oM <"J t- 'I Document Date: (0-13-0 < Number of Pages: irJ " [ 1 r Signer(s) Other Than Named Above: , " Capacity(ies) Claimed by Signer I Signer's Name: 1 o Individual Top of tn(lmb here o Corporate Officer - Tille(s): 1 o Partner - 0 Limited 0 General ,I o Allorney-in-Facf ,I o Trustee ,[ o G~ardian or Conservator I o Other' 1 Signer Is Representing: I I 1 ~ " @ 1999 National No!ar~ AssociatIOn' 9350 De SOlO Ave. P.O. Box 2402. Chalsworth. CA 91313'2402' \VWwnat,onalnotary.org Prod. No. 5907 Reorder: Call Toll.Free 11300876-6827 90€9 , '. . EXHIBIT A BASILE DRAINAGE FACILITY MAINTENANCE AREA APN 320-020-39 COMMENCING AT THE MOST NORTHERLY CORNER OF PARCEL 1 OF PARCEL MAP NO 19409, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JANUARY 22, 2004 O,R., THENCE SOUTH 42018'26" EAST ALONG THE EASTERLY PROPERTY LINE OF SAID PARCEL 1,2.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PROPERTY LINE SOUTH 42018'26" EAST 700 FEET THENCE LEAVING SAID EASTERLY LINE SOUTH 47039'39" WEST 577 FEET, THENCE NORTH 42018'26" WEST 700 FEET, THENCE NORTH 4r39'39" EAST 5 77 FEET TO THE TRUE POINT OF BEGINNING, SEE ATTACHED EXHIBIT 9009 . EXHIBIT A . \ I I Q(, '_~ I ~ ~ \ f-- DRAINAGE FACIUIY..-- t: 0 J MAINTENANCE AREA 1\ 30. O' I 0:::: -~ (SEE DErAIL) \ - ---~-)<---- --=-r --- -- ! 2S ) -- ---- - W '<0. 00'. 0 I '" 'og 0'0'" 0 cy .--;. . . '. 0 . - [......;"'..::::r: 0.\0 /:o~~oo '<b./ 0:::: _ _- .0 .'6.. ..". . _::-. -- / I ~ /11) I ) - I> Q,I> ',Q/\ / ,~ Q 'VI> "V I> "N'~ B .. J;::. - I ---,," , CURB INL'ET ___ ..--.--J~ /' ~ -....... ;.;.---: ~ '" ~ ' - -& - ~ ""I>- _---' _ _ ~ _ - - --- I> /' ~ \ "/' ~, S / 'I ~--G 'I> 'I, 'it \I <3 \ 'V '// \ <3 'V "PCCDRIVEW"'Y )/'/-1> <31>' \ I> ' ~, , ~ J..V' \ N'ly PROP. COR; N4T39'39"E - U -F>,'LUI& ]~ r-rr"f Om_, 1 '" 1 ~ ' ,r. 1'<1" I 1 .....J! I 1.00' 1 ; , ! I 0.77' , ".~-- J, ;;:: LINE BEARING DISTANCE l L3 I 'io L 1 N47"3,9:39"E 5.77' "\ - ~ 1 ~ L2 S42'18'26"E 7.00' DRAINAGE FACILlTY~ ~..L r L3 S4T39'39"W 5.77' MAINTANANCE AREA q f ~ L4 N42'18'26"W 7.00' pel. i t Z pM i9409 t 1J BASILE DRAINAGE FACILITY o ~ ~ i'i MAINTANANCE AREA DETAIL ~ ~ NO SCALE "' z " :> v o J . 08 THIS MAP W1\5 PREPARED FOR ASSESS~ PURPOSES ONt Y. NO UABIUlY IS 320-02 ASSUlJED FOR TIlE ACCUAACY Of THE DATA SHOWN ASSESSOR'S PARCelS WlV NOT CC>>.f'LY 1MTl1 LOC,l,L SUBOMSION OR BUILDING ORDINANCES. 17 SHT 1 OF 2 @ 1"0:200' . tfJ' SHT2 N89.41' " @ 04/08/2004 '" , 3B 7l V) (~GS) @ CHANGES ~ 5.99AC ILK OLD NEW Y CUT - ~ - " ZJI.l.4 , . :;~ 2. 34st , 2. @ ~ (ROS) ""> N 99.28'..7 7'5= ,e-4J' 5.92 30 ~.." 7 2812. ----r!-"~)7l:J?"lr:!>.3.E 9ST)/ - I#~" ... , . 0 CD '4 3s4"''io " c'"c " "'~ I~~.. f~ f5'"gr; . .540 7(1 27.00"'C 7.22"C J.> 37.38 00 1798 \ ~,,,. 5".4I'.l4~fII " " n Z9Sl H2S."""S'll~1'! @ " 39 4205 1207 375Z f @ ~ ~ p.,.. "J~ J.94 AC l ~.&5 5'2" ~ .' O'c 0 Q . , " " "., ~Ii . t'l "' :>< , Q .7JS :I: ~ HlJ) @ ~fil i; >-3 ~.. " :l>('.il $HT 2 " " r, , @ , ~, , g , SH;" Z , SHT 2 . \ @ 8ffl..f~ c....1'(l'O 0,.. "Ifi6 3(f;. "'/fo'" D't" - -- G:1f;) S"iT I Go POW t~ 'If \ MAP 12394-SCRIPPS EASTVlEW UNIT 4 ------.::..~~ 0:' If' S~ SAN DIEGO COUNTY SEe 26-T14S-REW-POR E 1/2 ------______. ",1~' ~ ASSESSOR'S ~AP BOOK 320 PAGE 02 SHT 1 flF 2 ROS 5924, 11474 / .<<~'o" 3 SHTI c,'" ~o . . . 901.1- . '. EXHIBIT A \ I I / G- '- -'1 I <( " \ j-.. 0 DRAINAGE FACIUIY__ t::. 1 MAINTENANCE AREA 1\ 30. 0' I n::: _/I " (SEE DETAIL) \ ,,/ - I ~ I ------/,,---- ----- I W / -- ---- - W . 00'. '" I '4 -.-: . '0.1. ."0' o. n::: - f... ---- 0.0,"000.. I _ -~~ .o.~"POC6~. -::-- -- 1 U 1 ", 1'-/11 v ,0 '+ /\ 0 t;. .... _/ I v '<7 T'tPE B.... '.:7 "'0 0 /~ v CURB INLTI __ .... -;--/, '/'0/--:"" -, ::..- I --S---"-F-- 0 _---:- l> /~ '" \/ 'l -B/ ~, S 0 'I ';1 \( v \':7 '" t> "PCC DRIVF;W.\Y \/-"" - v t> V t> ,J V' 3= N'ly PROP. COR. N47"39'39"E -----PiL-- I~ r--! L1 :~ p--L~ ~O("I :__J 1~77' LINE BEARING DISTANCE L '[3 ~ b L1 N47'39'39"E 5.77' --~ N L2 S42i S'26"E 7.00' ....a. ICo DRAINAGE FACILl1Y~ 0 JJ r L3 S47'39'39"W 5.77' MAINTANANCE AREA q f ~ L4 N42i S'26"W 7.00' pel. '\ f Z pM '\ 94-09 f "' BASILE DRAINAGE FACILITY 0 ci MAINTANANCE AREA DETAIL "' 0 ~ NO ScALE . ~ >-' z ;;: " .- 0 r '. 901.2 . EXHIBIT B GENERI'\L SPECIFICA TIONSFOR MAI"NTENANCE,OJ;' FLO-GARD+PLUS™ CATCH BASIN INSERT FILTERS SCOPE, Federal,State and, Local Clean Water Act ,regulations and those of insura~ce carriers require that stormwater filtration systems be maintained and serviced on a, recurrjng basis, The' intent of the regulations is to' e"nsure that the systerns, on a continuing basi", ,efficiently rer;nove pollutants from stormwater runoff, thereby preventing pollution of the nation's water resources: These Specifications apply to the Flo"Gard+Plus!m'Catcn,Basin Irfsert Filter RECOMMENDED REQUENCYOF SERVICE, Flo-Gard+Plus,m Catch Ba~in I~sert fjilter~ are serviced on a recurring .basis Ultimately, the ~requency depends on the amountotrunoff, polluti3~tle,!dingandinterferencefrom,debris (leaves; vegetation, cans, paper, etc,);, however, it is'recomrnended ttiateach installation, be serviced a minimum of three limes per year/with a change offiitermedlum 'once',per'year RECOMMENDED TIMING OF SERVICE, 1 For are,asiwith a definite rairiy'season: Prior to, during andfollowihg the rainYisei3son, 2, For areas sU,bject to year-round rainfall: On a recurringibasis'(at"leastthreetimes per yea.r), 3, For areas with winter snow,and summer rain: Prior to ,and :jUst after the snow season, and during the summerrain'season, 4 For [nstalled' devices not subjeCt to the elements (wash racks, parking garages, etc): On a recurring basis (no less than ,three, times per year), SERVICE PROCEGURES 1 The seryice shallicommence'\'vith collection and, removal ()f sedirnent a~d debris (litter, leaves, pap~rs'i cans, etc,) and, br6bmsweeping around the, drainage inlet AcculTlulated materials shall be placed in a DOT approved,cohtainer.for later disposaL . , '. ' , -, , -~r . 2, The catch basin grate shillloe,rernoved and setto"one)side, The catch bas!n shall be visually i~spected for defectsand:pbssibledllegal dumping, If illegal dumping has occ~rred, the proper ,authorjties and property,eiwner representative shall be nbtifi,.,d as'soon as practicable, 3, USing 'an industrial vacuum, the:collected materials shall be removed from the liner (LJses a truckcmounted vacuum';(<:if'servicing Flo-Gard+PlusimCaicti:Eiasi~ Inserts,) '" , 4 When ,all ,of the C'ollected materials have been removed; the, Vlter medium pouches shall be removedi'bY\lfnsnappin!:l'the tether from the CHing ?nd set to'one side, The filter liner, gaskets, stairiless,steel frame an'd:rnounting bra.ckets, etc ,~h?II'l:>e!i~spected for continued,serviceability Miilcir damage ,or defe~ts found sha,1I be c()rrec!e,d on,tl:1ecspotand a notation ,made ,<:in the Maintenance Record, ,More extensive deficiencies ,that affect the effujiency of the filter (torn liner, etc): '~: approved, by the customer rep"resentative" will be corrected and, an invoice liubm)t,te_9t9 the representative al()ng with the,Maintenance Record, 5 The; filter, medium poucl:1es shall be inspested for defects ailCi continued serviceability and replacedias necessary and the pouch tethers re-attached to the'liner's D-ring, 6 The!grate si\all;be ie"placed' " , ,Note: As Ihe generator" theiandowner,js ultimljltely responsible for the proper disposal of the exposed filter medium ,arid debris, Be~ause t!1e materials likely cODt~,i~ ,petroleum hydrocarbons, heavy metals ,and 6ther harmful pollutants, the materials must be treatedi3s,an' EPA Class 2 Hazardous Waste and properly disposed of, ; . 9013 . CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated June 13, 2005 from Allen Basile to the City of Poway, Grantee, a political corporation and/or governmental agency is hereby accepted by the undersigned officer or agent on behalf of the City'CounCiI pursuant to authority conferred by Resolution No 34 adopted on January 20; 1981 and the grantee consents to recordation thereof by its duly authorized officer Dated July 21,2005 CITY OF POWAY Seal: BY~~ ,Di e Shea, City Clerk