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Storm Water Management Facilities Maintenance Agreement 2009-0374388 r, .' fO Jqp )~i1 ~ . ~~ . 1IIIIIIIffll.llIllllI~m~I~~~ ~I" WI~mml' IIII .""'!i... 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... 11111111111I11I1111111111111111I111111111I1111I1111111111111111111I11I111111'111 (THIS SPACE.FOR RECORDER'S USE) A.PN' 317-101-43 STORM WATER MANAGEMENT FACILITIES MAIN'TE'NANCE AGREEMENT ~~~~~~ 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, ~ - 0SJ.. '. " . . 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 . . 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 . . 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. . . 11570 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. i~ ~ .) I1""--- OWNER' c1""- ---r~ Date 5)20) d'f '~ ~ . .:Sa ~\"'S. l.Ili{: ~ I { Its: ~t:J .. TI'I/:;TE~___' Date: CITY OF POWAY ~/4, hi] ~J. Manis ~ director of Development Services Date 5/;;;;;/0'1 . . ~CAO~ Lisa A. Foster, City Attorney APPROVED AS TO CONTENT Z~ - Steven W',.Cresswell, P,E. PrinCipal Civil Engineer APPROVED AS TO FORM: Office of the City Attorney Attachments EXHIBIT A EXHIBiT B EXHIBIT C . . 11571 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ex:r~^i=-..""^'=~~~~GU7~~~~G0~~~~:F.i<h;;;;;;""ft;Yj;:;~:BSI>~~' County of San Diego } State of California On IY/lly2A ZOO q before me, D'" 100 A/ 0. personally appeared ..J, f7 /V ..j LJ t/~t.--Y , Phyllis Shinn. Notary Public Here Insert Name and Title of the Oftieer Name(s)a! Signer(s) [~--- , .~ . PHYl.Ua SHINN . I.~~~ : - - - - _ lt~_~Tt~~ .:1 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: ~~~~~~~~~~~~~';=..I~,~,,"~,,1.(9~~Y, @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 . . 11572 CALIFORNIA ALL-puFipOSE ACKNOWLED,GMENT ...;.;..:.;....,;.:~""r"'"'^=^""'^-=--=~,.""''^'eG~1'5bz;i;b~~~~75h~~~~~~~ County of San Diego } 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} .r - - - - - - - - , .. 'HYlL.. SHINN 'i~=~~i~tO; ,.f ~ 8on,DtegoCountv ,. l:. _.~ 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 . . 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. . . 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. . . 11575 , 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 '. . . 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 ", NSS;59'OO'W 24.7.54' o o ~ II - ~ w "-' <( u (/) l() co l() ~ r<) - "- ") 1\' :; ,0 ,~ 8' & <' H co ~ AC~ES? EASEMENT FOR SUSMP FACILITY' INSPECTION AND MAINTENANCE GRANTED HEREON l() o co ,w o o .... l() ~ o z N89'08'30"W 244.12' r<) r<) OJ co .... C'J r<) o C'J r<) ,w o .0 r<) C'J ;,-., o .z C:-F', -J;3 0~~ c:-r, -j3 0.t...,--, 459.50' 459.50' N89'OS'30"W 692.00' O C:F', -J;3. EDGE F POWAY ROAD R.O.W. 0~~ I \ " - N'L Y c:-rc -J3' --.J.t:........... ENGR\ W00322\MAINTENANCE.A.GREE\EXHI BITe. DWG PLOTTED: 10/22/0S