Storm Water Management Facilities Maintenance Agreement 2009-0374388
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RECORDING REQUESTED BY:
JUL 08, 2009
3:45 PM
CITY OF POWAY
OFFICIAL RECORe,S
SI>N [,IEGO LOUNT'i REUJROER'S OFFICE
DAVID L, BUTLER, COUNTY RECORDER
FEES, 49.00
AND WHEN RECORDED MAIL TO:
1156.6
CITY CLERK
'CITY OF POWAY
P O.BOX 789
POWAY, CA 92074
PAGES: 1...
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(THIS SPACE.FOR RECORDER'S USE)
A.PN' 317-101-43
STORM WATER MANAGEMENT FACILITIES
MAIN'TE'NANCE AGREEMENT
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LIVELY PARKING.
13240 POWAYHOAD. POWN( CA 92064
This 'AGREEMENT for. the maintenance and.repair of certain Storm Water Management
Facilities is entered into between LivelvTrust (hereinafter referred to as "OWNER") and ,the City
of Poway.(hereillafter referred tbas "CITY") for the benefit ot the CITY, the OWNER, the ."
successors in interest to the' CITY orthe OWNER, .and the,publicgenerally.
WHEREAS, OWNER is the owner 0.1 certain real property'ldcated in the City of Poway,
California, more particularly described in Exhibit "A"hereto (hereillafter refe(red to as the
"PROPERTY"), and has proposed that the PROPERTY be, developed as a Parkinq Lot in the
reac of the Lively Center complex in ,accordance with <;jpp-!ica!ions for Minor Conditional Use
Permit No MCUP 00-02M2"and Grading Permit No,G1610,08, which are on file with the CITY.
This Agreement is required as a condition,'of approval for su~h development. . .
WHEREAS, in accordance with the City of Poway's Standard Urban Storm Water Mitigation
Plan, Poway Municipal Code, .Chapter 16, Division VI (the "SU,SMP Ordinance"): the City of
poway Subdivision Ordinance, the City of PowayZoning Ordinance, the City ofpowClY Grading
Ordinal]ce and/or other ordinances or regulations' of CITY which regulate land aevelopment and
urban runoff, OWNER has proposed that stormwater runoWfrom the PROPERTY be managed
by the use of the following Storm' Water Management Facilities which are idel]tified as "Best
Management Practices" or "BMPs" (list all required BMPs by type and genera/location):
PervioUs asphalt
VeqetatedBuffer Swale
Veqetated Buffer Strip
AII.three BMP's are located within the property,
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11567
The preCise location(s) and extent of the BMPs are )f\plc,ated on grading plan G.161 0-08 dated
October 29, 2008, onfilewith'CITY's Development Services Department as Lively parking Lot
The manner and standards by which the BMPs must be repaired and maintained. in order .to
retain their effectiveness are as set forth in the 6~er<jtion a,nd Maintenance Plan (hereinafter.
"O&M PLAN") which is attached hereto and incorporated herein as' Exhibit "B".
WHEREAS, OWNER's representations that the BMPs will bemai~tained have been relied upon
by CITY 'in :approving OWNER's development applications. lFis the purpose of this Agreement
toassur13 thatthe BMPs are maintained, by creating obliga.tion~'thatare enforceable againstlhe
OWNER and tne OWNER:s sLJ.ccessors in interest in the PROPERTY It is intended that these
obligations be ehforceablenotwithstanding other provisions related to BMP maintenance that
are provided,.by law.
No,VV,T8EREFORE, for consiaeration of (a) CITY's approval of the above development
applications and (b) the mutual covenants set forth herein, IT, IS HEREBY AGREED AS
Fo'LLOWS:
1. Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and
its successors in interest, to all or any portion of the PROPERTY, .to comply in all
respects with the requirements of the SUSMP 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": ail inspections, cleaning, repairs,
servicing, maintenari'ceand other actions specified in'the O&M PLAN, with respect to al.1
of the BMPs listed above, at ttie'times and in the manner specified in the O&M PLAN'.
OWNER shall keep records"of this maintenance ahd, provide copies of such records ahd
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 P;CTIV,ITIES" shall include replacement or modification oUhe BMPs in
the event of failure, Replacement shall be with an identical type, size and model of
BMP, except that
(a) The CITY's Engineer may authorize substitution of an alternative BMP if he or
she determines that it will be as effective as the' failed BMP; and
(b) If. the failure of the BMP, in the judgment of the City Engineer indicates that the
BMP in use, is inappropriate or inadequate to, the circumstances: the BMP must
be modified or replaced with a more effective BMP to prevent future failure in the
same or similar, circumstances,
2. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land
on which,any ofthe above BMPs are located, and.;also prior to transferring ownership of
any such 'BMP, Provide clear written notice of the above maintenance obligations
associated\viththat BMP to the transferee. OWNER further agrees to provide evidence
to CITY'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 maintenance requirements described 'herein.
3 CITY's Right to. Perform Maintenance. It is agreed that CITY shall have the.right, but
'hot the obligation,to'elect to perform any or all of the MAlt9TENANCE 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
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11568
set forth in Poway Municipal Code Chapter 8.72. In the case ofmainten'ance performed
liy the CITY, it may be peITormed by CITY forces, or a contractor hired by the CITY, at
the CITY's .soleelec)ion..lt is recognized and understood that the CITY makes no
representation that i(iiltends to or will perform anyiof m~ MAINTENANCE ACTIVITIES,
and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no
way relieve.,OWNER of. its continuing maintenance qbligations 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 wa'franty or representation by CITY as io safety or effectiveness, shall be
deemed to be accepted by OWNER "as is", and shall be covered by OWNER's
indemnity provisions below.
If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that
OWNER perform the same. and OWNER has failed .to do so within a reasonable time
stated in the CITY's demand, then OWNER shall pay ali 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 AC1JVITIES, 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.
4, Grant of Easement to CITY. OWNER hereby grants.to CITY a perpetual easement
over, under and across, <ill oflhe PROPERTY as shown on Exhibit "C" attach'ed hereto,
for purposes of accessing t~e BMPs, inspecting the BMPs, and performing any of :,th,e
MAINTENANCE ACTIVITIES'specified in Paragraph 1 above. CITY shall have the:right,
at any time and without prior notice to OWNER, to enter upon any part of said area as
may.be necessary or convenient for such purposes. OWNER shall at all times maintain
the PROPERTY so as to mClke CITY's access clear and\unobstructed.
5. Administrati.on of Agreement for CITY. CITYhereby'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 CITY related to the implementation of
this Agreement shall be'addressed to:
City Engineer
City of Poway
13325(Civic Center Drive
Poway, CA 92064
The City Engineer isalso.grarited authority,to enter into appropriate amendments to this
Agreement on behalf of CITY, provided that. the amendment is consistent with the
purposes of this Agreementas set forth above, .
6 Defense and 'Indemnity. CITY shall notbe 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 c1aims,demands,liability, judgments,
awards, fines, mechanic's liens or other liens, labor disputes, .Iosses, damages,
expenses, charges or. costs of any kind or charac~er, including 'attorneys' fees and court
costs (hereinafter collectively referred to as "CLAIMS"), related to this Agreement and
arising either directly or indirectly from any act, .error, omission or negligenc;e of
OWNE;R;. OWNER's successors, .or their contractors,licensees, agents, servants or
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11569
employees, including, '(Vitboutlimitation, claims caused bfthe concurrent negligent act,
error or omission,.wnether active or passive, of CITY PARTIES. OWNER shall have no
obligation, however, to .defend or indemnify CITY PARTIES from.a claim if it is
qete'r,minedbYa 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 thedevelopmeni' application or plan,s and specifications, or inspection of the
,work. is iQtended tg acknowledge responsibility for any'such matter, and CITY PARTIES
shall have!iabsolutely no r,esponsibility or liability therefore unless otherwise provided by
applicable law
7. Common'liiterest Developments. If the PROPER:rYis developed as a "Common
Interest Development"as defined in Civil Code section 1351(c) which will include
membership in or ownership of an "ASSOCIAT19N"as defined in Civil Code section
1351(a), then thefollowing provisions of this Paragraph 7 shall apply during such time as
tti"e 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 controlled bY the ASSOCIATION:
(a)
(b)
The ASSOqATION, through its Board of Directors, shall assume full
responsibility to perform the MAINTENANCE .ACTIVITIES pursuant to this
Agreement,and shall undertake all actions and efforts necessary to accomplish
the MAINTENANC,E ACTI\,IITIES, including but not limited to, levying rElgular or
special assessments against each member of the ,ASSOCIATION sufficient to
provide fundirlg for the 'MAINTENANCE ACTIVITIES, conducting a vcite of the
membership relafed to such assessments if required by law In the .eve.nt
insufficient votes have been obtained to authorize an assessment, the
AssocfATION 'shall seek authority from a court of compet~nt jurisdiction for a
reduced perceritage of'affirmative votesnecei;;sary to authorize the, assessment,
re-conducling the vp!e of/he membership iribrder.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
No provision Of the DECLARATION, nor any other governing document of the
ASSOCIATION or grant of authOrity to its members, shall grant or recognize a
right'of any member or other person to alter, improve, maintain or reP.fjir'any of
the PROPERTY in any manner which would impair the functioning of/he BMPs
to manage drainage or storm water runoff. In the event of any conflict between
the terms of. this Agreem(lQt and the DECLARATION or other ASSOCIATION
governing documents; the provisions ofthisAgreement shall prevaiL
8. Agreement.Binds Succe,ssors and Runs With'the PROPERTY. It is understood and
agreed that Hie terms, covenants andcondiJ,ionsherein contained shall constitute
covenaQts run.Oi(lgwith, the land and shall be binding upon the heirs, executors,
administrators, successors and assigns of OWNER.and CITY, shall be deemed to be Jor
the benefifof all p_e.csons,6wningany interest'inthe PROPEI3TY (including the interest of
CITY or its successor.s in the easement granted herein), Ii 'is the intent of the parties
hereto that this .Agreement shali 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.
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9. OWNER'sConiinuing Responsibilities Where Work Commenced or Permit
Obtained. Notwithstanding anY' other provision of this Agreement, no transfer or
conveyance of the PROPER'fY or any portion thereof shall in any way relieve OWNER
of or otherwise affect OWNER:s:responsibilitiesfor'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 create.s .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 bya
written amendment approved and signed by the G:ityCouncil or 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 afld the PROPERTY .released from the
covenants set forth herein, by a release, whichCIT'i" 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,
11, Governing'Law and Severability. This Agreement shall be governed by the laws',of
the State of California... VerlUe in any action related 'to this Agreement shall be in the
Superior Court of theState.of California, County of San Diego. In the event that any of
the provisions of this Agr~,ement 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter.
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OWNER' c1""- ---r~ Date 5)20) d'f
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Its: ~t:J .. TI'I/:;TE~___' Date:
CITY OF POWAY ~/4, hi]
~J. Manis ~
director of Development Services
Date 5/;;;;;/0'1
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Lisa A. Foster, City Attorney
APPROVED AS TO CONTENT
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- Steven W',.Cresswell, P,E.
PrinCipal Civil Engineer
APPROVED AS TO FORM:
Office of the City Attorney
Attachments EXHIBIT A
EXHIBiT B
EXHIBIT C
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11571
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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County of
San Diego
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State of California
On IY/lly2A ZOO q before me,
D'" 100 A/ 0.
personally appeared ..J, f7 /V ..j
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Phyllis Shinn. Notary Public
Here Insert Name and Title of the Oftieer
Name(s)a! Signer(s)
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.~ . PHYl.Ua SHINN .
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who proved to me; on the basis of satisfactory evidence to
be the personOQ'whose name~is/a~subscribed to the
within instrument and acknowledged to. me that
he/s~ttM executed the same in his/~/t~authorized
capacity(i~, and that by hiS/~/t~ signature(M'.on. the
instrument the person~ or the entity upon bei)alf of
which the person(~ 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.
Place,Notary Seal Above
Signature
OPTIONAL
Though the information, below is not required by law, it may prove val/jable_ to perso(ls relying on the document
and could prevent fraudulent removal and reattachment of this form' to another document.
Description of Attached Document
Title or Type ot Document ~I< M W 111m .f!f.Al~t7nl?rj( (;;C/I-I77 e !lJq.; ;rT2it!/fjlla:-
Document Date: ~ ;z-a-fI1. e-; J-72t> /01 Number 01 Pages: .%JZ- ~
Signer(s) Other Than Named Above: . S-rc:i/r:A/' & C55W c'L--L..
Capacity(ies) Claimed by Signer(s)
Signer's'Name:
o Individual
o Corporate Officer - Tille(s):
o Partner - o Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
TOp of thumb here
Signer Is Representing:
Signer Is Representing:
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@2007National Notary Associalion. 9350 De Soto Ave.. P.O. Box 2402' Chatsworth; CA 91313.2402' www.NationaINotary.org Item #5907 Reorder; Call Toll-Free 1-80{}-876-6827
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11572
CALIFORNIA ALL-puFipOSE ACKNOWLED,GMENT
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County of
San Diego
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State of California
On mfiy2.Z,2oo9 before me, Phyllis Shinn. Notary Public
D", 1<.0
.personallyappeared 6#1 J.
Here Insert Name and;Title 01 the Officer
yY)c;/f// S
Name(s}ot Sigl!er(s}
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, .. 'HYlL.. SHINN
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who proved. to me on the basis of satisfactory. evidence .to
be the person~ whose nameO(l is/a)/i subscribed to the
within instrument and acknowledged to me that
he/~/tI}tfy executed the same in his/l)l(r/tJ;l.€ir ~uthori,:ed
capacity(i~ and that by his/i)iir/th~['signatureM qn the
instrument the person~ or the entity upon behalf of'
which the person("'acted, executed the instrument.
I cer1ify under PENALTY OF PERJURY under the laws
of the State of California ..that the foregoing paragraph is
true and correct.
Place Notary Seal Above
Signature
OPTIONAL
Though the information below is not,required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent. removal and reattachment of this form ,to another document.
ytlc:r
Number of Pages: /3
SffYC# Ut:S5WbtL
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer- Title(s):
o Partner - D:Limited 0 General
D Attorney In Fact
o Trustee
o Guardian or Conservator
D Other:
TOp of thumb here
Signer's Name:
D Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited D General
o Attorney in Fact
o Trustee
o Gu'ardian or Conservator
D Other:
Top of thumb here
Signer Is Representing:
Signer Is Representing
~~~~~~~~~~~~~~~~~~~~~~
(tJ2007 National Notary Association. 9350 De Solo Ave.. P.O. Box 2402. Chatsworth, CA 91313-2402. wwW.NationaINofary.org l1em #5907 Reorder: Call Toll-F:ee 1-800-876-6827
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11573
EXHIBIT' A'
LEGAL DESCRll'TION
ALL THAT PORTION OF THE SOUTHEAST QUARTER,OFTHE NORTHWEST
QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO,MERIDIAN,JN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS
FOLL0WS:
COMMENCING ATTHE SOl)THEAST CORNER OF SAID'~OUTHEAST QUART~R OF
THE NORTHWEST QUARTER OF SECTION 13; THENCE ALONG THE SOUTHERLY
LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, N0RTH
89008'30" WEST, 459.50 FEETTO THE SOUTHWEST CORNER OF LAND DESCRIBED
IN DEED TO RAYMOND HAMPE, RECORDED AUGUST 25, 1953, IN BOOK 4965, PAGE
184 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE ALONG
THE WESTERLY LINE OF SAID HAMPE'S LAND, NORTH 01054'00" EAST, 489.33 FEET
TO THE SOUTHWEST CORNER OF LAND DESCRIBED INDEED TO ERNEST H.
PEACOCK, ET AL,.RECORDED SEPTEMBER 2,1953, IN BOOK 4974, PAGE 78 OF
OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID PEACOCK'S
LAND NORTH OJ 054'00" EAST, 315.85 FEET, MORE OR LESS, TO AN ANGLE POINT IN
THE SOUTHERLY BOUNDARY OF LAND DESCRIBED IN DEED TQ ERNEST H:
PEACOCK, ET AL, RECORDED FEBRUARY 2,1954, IN BOOK5128, PAGE345 OF
OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PEACOCK'S
LAND, NORTH 88059'00" WEST, 247.54 FEET TO THE SOUTHWEST CORNER OFSAlEl
LAND; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TCHHE NORTHWEST
CORNER OF LAND DESORJB~D IN DEED TO JOHN HENRY CAUDELL, ET UX,
RECORDED FEBRUARY 15, 1954, IN BOOK 5141, PAGE464OF OFFICIAL RECORDS;
THENCE ALONG THE NORTHERLY AND EASTERLYLINES OF SAID CAUDELL'S
LAND THE FOLLOWING COURSES AND DISTANCES: SOUTH 890 08'30" EAST, 244.12
FEET; AND SOUTH 03023'00" WEST, 320.32 FEET TO THWSOUTHERLY LINE OF SAID
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID
SOUTHERLY LINE SOUTH'89008'30" EAST, 232.50'FEET TOTHE TRUE POINT OF
BEGINNING.
4'-'
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OPSAID SOUTHEAST'QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 13; 1:HENCE ALONG THE
SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER,
NORTH 89008'30" WEST, 459.50 FEETTO THE SOUTHWEST CORNER OF LAND
DESCRIBED IN DEED TO RAYMOND HAMPE, RECORDED AUGUST 25, 1953, IN
BOOK 4965, PAGE 184 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY
LINE OF SAID HAMPE'S LAND, NORTH 01054'00" EAST 388.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 89008'30" WEST, 43}.45 FEET TO A POINT
ON THE NORTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO RJLEY J.
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11574
LIVELY, BT UX, RECORDED NOVEMBER?, 1966, AS,FILENO. 177168 OF OFFICIAL
REGORDS; SAID P0rNTBElNGDISTANT THEREON NORTH 260Q9'32" EAST, 75.19
FEET FROM THE NORTHWEST CORNER OF SAID DISTANT THEREON NORTH
26009'32" EAST, 75.19 FEET FROM THE NORTH\VEST'CORNER OF SAID CAUDELL'S
LAND.
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11575
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EXHIBIT'B'
@peration and Ma.intenance Manual
1. Pervious Asphalt
I. 'Operation
No. movingparts,ormechanical part
. Type of paving' allows water to infiltrate into'soil unlike regular paving
. Recharges,groundwater and reduces stormwater runoff
. Reduces the need for retention ponds, swales, and other stormwater
management devices.
. Integrates hardscape surfaces with stormwater management
2. Maintenance
. It is important to keep the sediment from flInning into paving area.
Erosion control in areas upstream from the site is imperative.
. The paving:aiea.must be vacuum sweep at least twice a year. Debris will
eventually clog many of the pores of thepeivious asphalt, which will
effectively stop its ability to infiltrate water.
. The paving must never have a sealant material applied to its surface. This
again would cause:the material to become imperVious. It has,been'advised
that small cracks or potholes may berepaired with conventional
irnperviol.ls patching materials; however these areas should not exceed
more than 10% ofthe.paving area.
II. Vegetated Buffer Swale
I. Operation
Vegetated.swales are open, shallow channels with vegetation covering the
side slopes,and bottom that .collect and slowly convey runoff flow to
downstream discharge'points. They are designed to treat runoff through
filtering by the vegetation in the channel, filtering through a subsoil matrix,
and/or infiltrationjnto the underlying soils. These trap particulate pollutants,
promotc infiltratioh, and reduce the flow velocity'ofstormwater runoff. These
swales serve aqiart of a stormwater drainage system and can replace curbs,
gutters and stonn sewer systems.
2. Maintenance
The maintenance for vegetated buffersvJalesshould includckeeping up the
hydraulic and removal efficiency ofthc channel and maintaining'healthy grass
cover.
Activities that should be included areperiodicJ1Jowing (grass never to be cut
shorter than deSIgn /low depth), weed control, watcring during drought
conditions, reseeding bare areas, and clearing debris and blockages. Cuttings
should be rellloved fr.om channel and disposed in local composting facility.
Accumulated sediment will also need to be removed manually to avoid
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1157'6
concentrated'flows in swale. Fertiiizers:andpestitictes should be kept to a
mlmmUIll..
In addition.to a good maintenance plan, repairihg'damaged areas within a
channel is required. The grass cover should be kept thick and any standing
water is to be remove,dand disposed to a sanitary se.werat an approved
discharge 'location. Typical maintenance activities are summarized below:
. Inspectswales.atleasttwice a year for ero~ion"darnage to vegetation, and
sedimehtiahddeoris,accumulation (preferably~tendofwet season).
Additional inspection after periods of heavy runoff is desirable.
. Mowirtgrriaybe,necessary once ortwice a y~arfor safety or aesthetics to
suppress weeds and woody vegetation. Mowing frequency may no have a
large impac;t on pollutant removal.
. Litter removal is detemiined through periodic inspection. Litter should
always be removed prior to mowing, especially whetethere. is heavier
accumulation along highways.
. Sediment accumulationnearculverts!and in channels should be removed
when.built up to 75mm (3 in.) anywhere along vegetation.
. Regularly inspects.wales for pools of standing .water. Due to'mosquito
breeding,in standing water, swales may become a nuisance,
III. Vegetated Buffer'Strip
I. Operation
Vegetated buffer strips are vegetated surfaces that are designed to treat sheet
flow from adjacentsurfaces. These filter strips function by slowing runoff
velocities. and allowing:sediment and other, pollutants to settle and by
providing someinfiltraiion into underlying soils.. With proper maintenance
and design,filterArips ~anprovide-relativeJy high ,pollutant removal. The
public will view them as landscaped areas rather than 'a stormwater
infrastructure.
2. Maintenance
Filter strips'require.vegetatiojlmanagemeljl; typical maintenance activities
and frequencies include:
. Inspect strips at Ieast)wiceannually'for'.erosion or damage to vegetation,
]\'referable,atthe.endofwet season and before m\ljor fall run-olTtobec
sure the 'strip is ready for winteLAdditiollal inspection after periods of
heavy runoff is, most desirable. The strip should be checked for debris and
litter anu areas of seuiment accumulation.
. Mowing,niay be 11ecessary once or twice a year for safety and aesthetics or
to suppress weeus and woody vegetation.
.
.
11577
· Trash telidiHoaccumulate in stripcarea,s, particularlyalong highways, The
needf6r llttefremoval should be4e(ermill.edthrough periodic inspection
buUittershoilld always berem6ved prior to mowing,
. Regularl}':irisjlect vegetated bufferstrips for pools of standing water.
Vegetaied buffer strips can become a: nuisanceidueto 1l10squito breeding
in lever spreaders, in.pools of standing:water if obstructions develop,
and/or ifproper drainage slopes are not illlplementedandmaintained.
Material Disposal
Owners are.responsible for-complying with all federal, state, and local regulations when
disposing of material collected from the storm water quality unit. Water and sediment
frol)l chianout proceduresshouldnofbedumped into sahitary sewer.
Hazardous Wastes
Suspected Hazardous wastes will be analyzed to determine disposal options. Hazardous
materials generated on site:wilI'.be handled and dispose<iof according to local, state, and
federal regulations. A solid or liquid waste is considered a hazardous waste is considered
a hazardous waste ifit exceeds' the criteria listed in the;Califomia Code of Federal
Regulations, Title 22, Articly 11 (State of California, 1985).
,
.
.
11578
EXHffiIT 'C'
EASEMENT LEGAL DESCRIRTION
ALL THAT PORTION OFTHESOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RAN(]E2 WEST, SAN
BER1\JARDlNOMERIDIAN;INTHE COUNTY OF SANDI~GO; STATE OF CALIFORNIA,
ACCORDING TO UNITEnS"TA:rESGOYERNMENT SURVEY, DESCRIBED AS
FOLLOWS
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 13; THENCE;ALONG THE SOUTHERLY
LINE OF SAID SOUTHEAST QUARTER OF THENORTHWEST QUARTER, NORTH
89"08'30" WEST, 459:50 FEET TO THE SOUTHWESTCOI<NER OPLAND DESCRffiED
IN DEED TO RA YMOND HAMPE, RECORDED AUGUST 25, 1953, IN BaOK 4965, PAGE
184 OF OFFICIALRE(:ORDS AND THE TRUE POINT OFI3EGINNING;TH~NCE ALONG
THE WESTERLY LINE oFsAID HAMPE'S LAND,NORTHO'l 054'00" EAST, 48933 FEET
TO THESOUTHWESTCORNER OF LAND DESCRmED INDEED TO ERNEST}l.
PEACOCK, ET AL, RECQRDED SE'pTEMBER 2, 1953, INB00K 4974, P AGE78 OF .
OFFICIAL RECORDS; THENCEALONG THE WESTERLY LINE OF SAID PEACOCK'S
LAND NORTH 01054'00"EAST, 315.85 FE_ET, MOREORLESS, TO AN ANGLE POINT IN'
THE SOUTHERIX BOUNDARY OF LAND DESCRIBED'IN DEED Ta ERNEST H.
PEACOCK, ET AL, REcaRDED FEBRUARY 2,1954, IN,BOOK5l28, PAGE 345 OF
OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY tINE.OF SAID PEACOCK'S
LAND, NORTH88~59'00"WEST, 247.54 FEET TO THE SOUTHWEST CORNER OF:SAID
LAND; THENGE SOUTHWESl'ERL Y IN ASTRAIGHT tINETO THE NORTHWEST
CORNER OF LAND DESCRIBED' IN DEED TO JOHN HENRY CAUDELL, ET UX,
RECORDED FEBRUARY 15, 1954, IN BOOK 5141, PAGE 464 OF OFFICIAL RECORDS;
THENCE ALONG THE NORTHERLY AND EASTERLY LINES OF SAID CAUDELL'S
LAND THE FOLLOWING COURSES AND DISTANCES: SOUTH 89008'30" EAST, 244.12
FEET; AND SOUTH 03023'00" WEST,320.32 FEET TOTHE,SOUTHERLY LINEOFSAID
S0UTHEAST QUARTEROFTHE NORTHWESTQUARTER; THENCE ALONG SAID
SOUTHERLY UNESOUTH 89"08'30" EAST, 232.50 FEET TO THE TRUE POINT OF
BEGINNING.
sustp INSP~~~~61~/~~INTEN!CE
EASEMENT
. "f.,.
11579
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