Storm Water Management Facilities Maintenance Agreement 2009-0573956 - � �oc # �oo�-o�����s .
'�' II I I I I II II I I II I I IIII I I I I I I II
RECORDWG REQUESTED BY:
, OCT 15, 2a�9 3:13 PM
CITY OF POWAY
OFFILIAL RECURDS"
SAN C'iIEGLi CiJIJNTY FEC�URGERS DFRCE '�
y ���fff ` iii AND WHEN RECORDED MAIL TO: DPi'ID L BLiTLER, CuLiNT'�' RECORDER
� , I 3 � � FEES. 46.00
CITY CLERK PAGES: I3 �
' 'Vtlr� CIPY BF 89 Y
POWAY, CA 92074 I IIIIII IIIII IIIIIIIIIIIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
� (THIS SPACE FOR RECORDERS�USE)
P,PN: 317-490-08
STORM 1NAT,ER MANAGEMENT FACILITIES
MAINTENANCE' AGREEMENT
No Documentary Transfer Tax Due. ry
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(12735 POWAY,R, OAD; POWAY',,CA 92064)
T.his AGREEMENT for the ;mainfenance and repair of certain Storm Water Management
Facilities is entered into between Stan Kaminski Trustee:of Kaminski:Familv Trust
(hereinafter referted to as "01NNER") and the `City of`Poway (hereinafter referred to as "CITY")
for the benefit of the CITY,.the OWNER, tlie successors in interest fo the CITY or the OWNER,
and tlie public generally.
WHEREAS, OWNER is the owner of certain real property located in the City of Poway,
California, more p'articularly described in Exhibit "A'' hereto (hereinafter referred to as the
"PROPERTY") and has;proposed'tliat the.PROPERTY be'developed as a.restaurant
in accordance with applications for Development.Plan No: DR08=01 R
, Conditional.Use Permit No. MCUP09-02 , Variance Permit No. VAR
08-02, VAR 08-03, which are on file with the CITY. This Agreement is requi�ed as a condition
of approval for such development.
WHEREAS, in accordance with the City of Poway's Standard Urban Storm Wate� Mitigation
Plan, Poway Municipal Code, Chaptec 16, DiVision VI (4he 'SUSMP Ordinance'), the City of
Poway Subdivision Ordinance City of Powaq Zoning Ordinance, the City of Poway Grading
_.
OrcJinance and/o� other ordinance.s or regulations of GITY which�regulate land development and
urban runoff, OWNER has proposed that storm water runoff"from the PRQPERTY be,managed
by the use of the following Storm Water Management� Facilitie5 which are identified as "Best
Management Practices' or "BMPs" (list all required BMPs,by type and general location):
Biorefention planters, located along Nortfierly property line
Bioretention swale, located along Southerly property line
Clearwater solutions filter unit, located at catch basin by Southeasterly property corner
The precise location(s) and extent of the BMPs are indicated on the Site Plan Kaminski Building
dafed on 08-05-09 file with CITY'S Development Services Department. The manner and
standards 'by wliich the BMPs must be repaired and main4ained im order to retain their
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effectiveness are as set forth in the-0pe�ation and Maintenance Rlan (hereinafter "O&M PLAN")
which is attached hereto and'incorporated herein as Exhibit "B".
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 thisA, greement
to assure that the BMPs are maintained, by creating obligations that are enforceable against the
OWNER arid 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 bylaw.
NOW, THEREFORE, for consideration of (a) CITY's approval of the above development
applications and (b) the mutual coVehants set forth lierein, IT IS HEREBY AGREED AS
FOLLOWS:
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 ACTNITIES": all inspections, cleaning„ repairs,
seryicing, maintenance and other actions specified in the O&M PLAN, with respecf to all
of the BMPs listed above, at the times and in the mannerspecified in the O&M PLAN.
OWNERshall'keep Cecords 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 �equired time, without
request or demand from CITY or any other agency: OWNER further agrees that
"MAINTENANCE ACTIVITIES" sfiall include replacement ormodification 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'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 #ailure of the 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 6e 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 of the above BMPs a�e located, and also prior to transfecring ownership'of
any such BMP, provide clear written notice of the above mainfenance obligations
associated with that BMP to the transferee. OWNER further agrees to provide evidence
to CITY Engineer that OWNER has �equested the California Department of Real Estate
to include in the public report issued for the development of the PROPERTY, a
notification regatding the BMP maintenance requirements described herein.
3. 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
tfie CITY's sole judgment, OWNER has'failed to perform the same. Such maintenance
by the CITY shall be conducted in acco�dance 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
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represenfation that it intends to or will perform any ofthe, MAINTENANCE ACTIVITIES,
and any election by CITY,to perform any of tlie:MAINTENANCE ACTIVITIES shall in no
way relieve OWNER of its continuing maintenance obfigations 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 wo�k shall be
without wa�ranty or representatiorr by CITY as to safety or effectiveness, shall be
deemed to be accepied by OWNER "as is", and shall 6e covered by OWNER's
indemnity provisions below.
If CITY perfocros any of the MAINTENANCE ACTIVITIES, after GITY 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
MAWTENANCE ACTIVITIES, CITY may assess a'lien on the property or properties of
the responsible parties pursuant 4o 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
ove�, under and across that portion of the PROPERTY described in Exhibit °C" hereto,
for purposes of accessing the BMPs, inspecting the BMPs,'and performing any of the
MAINTENANCE ACTfVITIES specified in Paragraph 1 above. CITY shall have the right
with prior notice to the OWNER, to enter upon any part of said area as may be
necessary or convenient for such purposes. Iri the event.of an emergency, such notice
to OWNER is not required. OWNER shall at all times maintain the PROPERTY so as to
make CITY's access clear and unobstructed.
5. Administration of Agreement for CITY. CITY hereby designates the City Engineeras
the officer charged with responsibility and authority to atlminister this Agreement on
behalf of CITY. Any notice or communication to CITY related to the implementation of
fhis Agreement 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 CITY, provided that the amendment is consistent with the
purposes of this Agreement as set forth 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, liability, judgments,
awards, fines, mechanic's liens or other liens, labor disputes, losses, damages,
expenses, charges or costs of any kind or charactec,'including attomeys' 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 negligence of
OWNER, OWNER's successors, or their contractors, licensees, agents, servants or
employees, induding, without limitation, claims caused by ihe concurrent negligent act,
error or omission, whether active or passive, of CITY PARTIES. OWNER shall have no
�0020
obligation, however, to defend or indemnify CITY PARTIES from a claim if it is
determined by a court of compefent that such claim was caused by the sole
negligence or willful misconduct:of CITY PARTIES. No{fiing.in this Agreement, CITY's
app�oval ofthe 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.
7. Common Inteiest Developments. If the PROPERTY is developed as a"Common
Interest Development" as defined in Civil Code section 1351(c) wFiich will include
membersfiip in or ownership of an "ASSOCIATION" as defined in Civil Code section
1351(a), then the following,p�ovisions 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 controlled by:the ASSOGIATION:
(a) The ASSOCIATION, through its Board of Directors, shall assume full
responsibility' to perform the MAINTENANCE ACTNITIES pursuant 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 forthe MAINTENANCE"ACTIVITIES, conducting a vote of the
mem6ership related to such assessments if required by law, In the event
insufficient votes have been obtained to authorize an assessment, the
ASSOCIAT.ION shall seek authority from a court of competent jurisdiction for a
reduced percentage of affirmative votes necessary 10 authorize fhe assessment,
re-conducting`tfie vote of the membership in order to obtain the votes necessary
to autho�ize an assessment, and the ASSOCIATION shall take all action
authorized by the DECLARATION or California law to collect delinquent
assessmeots, 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 recognize a
right of any member or other person to alter, improve, maintain or repair any of
the PROPERTY in any manner which would impairthe functioning of the BMPs
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.
S. Agreemenf Binds Successors and Runs With the PROPERTY. It is understood and
agreed that the terms, covenants and conditions herein contained shall constitute
covenants running with the land and shall be b'rnding upon the heirs, executors,
administrators, successors andassigns of OWNER and CITY, shall be deemed to be for
the benefit of all persons owning any inferest in the PROPERTY (including the interest of
GTY or its successors in the easement granted herein). If is the intent of the parties
hereto that this Agreement shall be [ecorded and shall be binding upon all persons
purchasing or btherwise acquiring all or any lot, unit or othe� 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
� �002j
Obtained. Notwithstanding any other provision of 'this Agreement, no transfer or
conveyance of the PROPERTY'or any portion thereof sfiall in any way �elieve OWNER
ofb� othenvise affect OWNER's responsibilitiesforinstallafion ormaintenance of BMPs
which may have arisen under the ordinances o� �egulations of CITY refe�red 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.
10. Amendmenf ; and Release, The terms of this Agreement may be modified only by a
written amendment app�oved and signed by the Gity Council or the CITY Engineer
acting on behalf of CITY and by OWNER or OWNER's suecessoY(s) in interest. This
Agreement may be terminated and OWNER and the PROPERTY Celeased from the
covenants set forth herein, by a release, which CITY`may execute if it determines tliat
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 govemed by the laws of
the State of California. Venue in any action related to this Agreement sFiail be in the
Superior Court of the State of California, County of San Diego. In the event that any of
the provisions of tFiis:Agreement are held to be unenforcea6le or invalid by any cou[t 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.
Kaminski Famil rust
OWNER: � r Date: �7 Q`
Its: `� �v� � � Date:
Sta ey K mi ki, T us e
CITY OF POWAY: G��2�/� �, Date: 9 Z
bert J. Mani
irector of DeVelopment Se ices
APPROVED AS TO FORM: APPROVED AS'TO CONTENT:
Office.of thie City Attorney Engineering Division
C / - �-' G� c� C_5�� � (1,��
Lisa A. Foster, City, Attorney (`,�,AY OST� PE
a��►E ENC-�NE�Eit
Attachments: EXHIBIT A
EXHIBIT B
ExFt►B�T C
Extt�&r D
Y:\wo0810Kaminski\SWMMA\Storm Water Facilities AgmLdoc
cAa.o�or��ua A�:� -PIBRPOSE_AC8(PDOWLEDGoIIAEFlT g O O-
State of California �
County of San Di'ego
On..tf'/F�l�(�� Z���before me, Phyllis Shinn, Notary Public
Da�e -� �� �Here Insert Name antl Ti�le oi �he Otiicer
persoriallyappeared �f�'/�LC )' � /�/�l'hl/l�S�/
Nama(s) ot Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person� whose name(,�-is/a� subscribed to the
within instrument and acknowledged to me that
he/s�fe/tt�y executetl the same in his/I1�r/tF7Lir-authorized
�°° capacity(i�, and thaT by his/li�dtijeii; signature(�9�on the
��� �� instrument the person(�or the entity upon behalf of
Commluron g 177eb90
� Noto`ry Pubhc -.CaNtoreb E which the person(� acted, executed the instrument:
8on Disgo Cow�ly _ .. ' -
r � I certify under PENALTY OF PERJURY.under tlie'laws
of the State ofi California that the foregoing paragraph is
true and correct.
WITNESS my han nd official sea
Signature � �
Flace Notary Seal Above �j �Signa�ure oi Notary Public
OPTIONAL
Thougfi the in/ormation below is�not required�by law, it may p�ove valuable do persons relyiny on the document
and could prevent lraudulenCremoval and reattachment of Ihis form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)'Claimed by Signer(s)
Signer's Name: Signer's Name:
❑. Individual ❑ Individual
❑� Corporate Officei — Title(s): ❑ Corporate Officer —Titie(s):�
❑ Partner — O Limited ❑ General ❑ Pariner — � Limited ❑ General
❑ Attomey in Fact • ' ❑ Attorney in Fact • '
❑ Trustee roP o� m�mb n�re � Trustee Top or m�mb nere
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0200�NationalNO�aryHSSOCiation•9350DeSotoAve..P.O:BOx2402•Cha�swotlh,CA91313�2402•www.Pla�ionalNO�ary.or7 ��emk5907 ReordecCallTolLFree1-800-8�6-68D
. �0023
CA�9FORFd1A ALL-Pt1RPOSE AC9(w90NV9.EDGMEBd4 �
State,of California �
Counry° San Diego
Ort.Cf'�C����2��� beforeme, Phyllis Shinn, Notary Public ,
Oate I �/��,� HerelnSert Name antl Title at Ne Of�icer
personally appeared �fl��ZY �1 / � �'"//��
- Name(s) of Slgner(s) "
who proved to me-,on tfie.6asis of satisfactory evidence to
be the person(� whose name�j¢,) is/a� subscribed to the
�°�°°�°° within instrument and acknowledged to me thaY
�� - PM1YlL18 SNINN� he/�e/tl,j�,y executed the same� in his/h�t/tF,}�r authorized�
Commlulon d 1)78896 capacity(i s, and that.,by his/ij�r/tFy�signature(,§Q on the
�� s Notcry PuDlle - CaUlanla � instrument the person�, or the entity upon pehalf of
°- Son`Dlsgo Couivy� Which the person(�acted, executed the inst�ument.
- - Comn:'6 lrsfk 9
I certify under PENALTY OF PERJURY underthe laws
of the State of California tliat the foregoing paragraph is
true and correct.
WITNESS my ha 1 and official s I.
Signature
Place Nolary Seal A�ove SignaWre of Notary Public
OPT/ONAL
.Though�the�iNormation below�is not required by law,.it mayprovevaluable Iq relying on the doeument
and could prevenClraudulent removal and reat[achment of this form td another document.
, Description of Attached Document
Title orType of�Docu � n� W� �. Y' b`7� � - C�L/�/� /��'%//Z/G/�'�i"'�G
/����� %�`T 17i
Document�Date: / Number oi Pages:�
Signer(s) Other Than amed Above: � � N�J ��� .��
� ��-�- '
. Capacity(ies)�Claimed by Signer(s)
Signer's Name: Signer's Name�:
❑ Individual ❑ Individual
❑� Corporate�Officer—Title(s): ❑.CorporateOflicer—Title(s):
❑ Partner.— ❑ Limited ❑ General � ❑ Pariner — � Limited ❑ General �
❑ Attorney in Faci • �' ❑ Attomey in Fact '. '
❑ Trustee Top oL�humb here � Trustee Top of �humb here
❑ Guardian or Conservator ❑ Guardian or Conseivator
❑ Othec ❑ Oiher.
Signer Is Representing: Signei Is Representing:
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EXHIBIT "A"
LEGAL DESGRIPTION
(APN: 317-490-08)
ALL T]IA'C POKTION OF THL NOR`I'HWEST QUAR7'ER OP TIIE SOUTIIEAS"f
QUARTER OF �SECTION ]4, TOWNSHIP l4 �SOUTN�, RANG� 2 WGST, SAN
BERNAftDINO:MERID[AN, IN TIIE COUNTY OP SAN DIEGO, STATE OF CALINORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LCNE OF SAID NORTHWEST QUARTLR OF
THE SOUTHEAST QUARTEI2� WHICH IS 627.00 FEET NORTH OF TFIE SOUTIIEAST
CORNER 'fHEREOF, BEING THE NORTHEAST CORNEK OF T�IE TRACT OF LAND
CONVEYED TO LEE �. DOSS, ET UX, BY DEED RECORDED JULY 16, 1953, IN BOOK
4923, PAGE 83 OF OFFICIAL RECORDS; THENCE W�STERLY ALONG THG NORTH
LINE OF SAID DOSS' L'AND, 434,00 FGET TO THE NORTHW�EST CORNER THERCOF,
AND TO THE TRUE POINT 0F BEGINNING OF THE PROPERTY HEREIN DESCRIBED;
TIIENCE NORTHERLY .ALONG THE NORTHERLY EXTENSION OF THE WES1'ERI,Y
LINE OF THE LINE OF SAID DOSS' LAND TO AN IN'PERSECTION WITH 'CHE
SOUTI-IERLY L1NE OF ROAD SURVEY NO. 987, AS GRAN"CED TO TH� COLTNTY OF
SAN DIEGO BY DEED RECORDED AUGUST 9 1950, IN BOOK 3730, PAGE 458 OF
OFFICIAL RECORDS; THENGE NORTHEASTERLY ALONG THE SOUTHFRLY RIGHT
OF WAY LINE OF SAID ROAD SURVEY TO A POINT IN A LINE WHIC}I IS PAFtALLEL
WITH AND 100:00 FEET EASTERLY AT RIGIIT ANGLGS FRONI THE NORTIIERL,Y
GXTENSION OF THE WES'IERLY LINE OF DOSS' LAND; THENCE SOUTIIERLY
ALONG SAID PAI2P:LLEL LINE TO AN INTERSECTION WITH A LINE WHICH IS
PARALLEL WITH AND 135.00 FEET NORTIIERLY A"C RiGI[T .SNGLES FROM THE
NORTH LINE OF SAID DOSS' LAND BEING ALSO TF[E NORTHWGST CORNER �OF
LAND CONVEYEn TO DAVID C. GOSNELL AND WiFE BY'DE�D RGCORDED MAY 8.
1A56, IN BOOK G091, PAGE 232 OF OFFICIAL KrCORDS; TFIENCE CONTI�IUING
SOU"I'HERLY ALONG THE WGSTGRLY LINE OF SAID GOSNLLL LAND, 135.00 FEGT
TO THE SOUTHWEST CORNER TH�REOF, BEING AI.SO A POINT ON T1IE NOR'fH
I,INE OF SAID DOSS' CAND; TH�NCE WES'I'ERLY ALONG'fHE'NORTH LINE OF SAID
DOSS LAND, 100.00 FEGT TO THE "CRUE POINT OF BEGINNING.
� � �.��0�0�25
EXHIBIT "B"
Operation and Muintenance Manual
I. Bioretention planter
VARIES PER PL?,N
v,aiziEO Mix oF
DROUGHT—TOLERANT
SHRUBS��& PERRWEALS
' I �
i �
i _
,
�2% .� ;!+ti s�' =° — _' r , . , 2%
�— ; �u:��` �7� v �. . .:�r,:, F—
a��� 1
' — J ��.�Y��, 'i ��y���i
� J � � �� �-: ° �; PAVIi�G &
�SIDEWALK � �MULCH � � _�`��'`�� gAE ?ER
CURB AND � .- �� �.: �:� DR 08�-01
GUTTEP.. ECT � ��>�1;�i^ � SITE PLAN
� ������ / PLANTING
r
��—NATIVE SOIL--�� SOIL
BIORETENTION PLANTER
NO SCP,LE
The operation and maintenance needs for Bioretenlion planter are as follo�vs:
• . Regular inspection for healthy growUi, signs oC erosion and adequate clrainage (monthly
or'after each storm event) �
• Irisp'ection foj� the need of removal aud replanting oCdead or unhealthy plants to f Il �IP
bare areas (eveiy threc months)
• Removal of trash.and debris (montlily or afler each stonn event)
• Elimination of �opher and other rodents buirows which may cause loosening of the soil
aud erosion oCsediments(n�oillhly)
• Add inore mulch as it breaks down to maintain at least 3" oPdepth (every six months)
. � 1002.6
II. Bioretention swale
`PLANT SEL.ECTION PER WQ7R RECOMMEND�TIONS�,
RNAL SELECTION PER �.APIDSC4PING FLAfJS
8 I
DROUGHT-iOLERNNT
�-pLA�TING'�
2.1 CUT OR i 2-3" MULCH, PERMEABLE
FILL SLGPE � �5 NtE�ED FILTER �ABRIC
MAX )� 1.5� � 1.5� i
G 5 � i 21 �UT OR
. �n� � I�l/i,k �} 1�� V (�i � �( i � �i'� � - � RLL SLOPE
i i� !! � i i'�ti � j. iV,AX
. NP,TIJE SCIL -; � J , �;, � ,: __ �T��' �
�� .i 4 u I - �/
NATIVE SOIL y�`�%P<i�����v�P�l�i���i�Vi\�i���r�i�N�
AMMENDED 1��:1 �' �NS�'i� ��i i i (�/�r � ����✓'
SOP_ TO �COMPOST ��` ��,�✓�'
OR PLANTWG L5
SOIL FITHEft TO
BE VERY LIGHTLY
COMPA�TED
BIORETENTION SWALE
uo sca�E
The operation and maintenanceaneeds for Bioretention swale are as,follows:
• Periodic( we_ekly or biweekly) mowing cut a longer length
• Regular (monthly or after each storm event) inspection for fiealthy growth ancl adequate
drainage
• Reseeding of bare areas (monthly)
• Removal of trash and debris (monthly or after eacl� storm eveut)
• Eliminatio�i of gopher and�othcr rodents burrows which may caase, loo9cning oPthe�soil
and erosion of sediments (monthly) �
IIL CleanWatei'��Soliit7ons filter unit
I�he operation�and m2intenance needs for Clear�vater Solutions fi]tcr unit is �s tollows:
• Tlle unit should be periodically(t�vo times per yecu') inspected to determine lhe amount ol'
accumul�ted pollutants and to ensure lhat the cicanoiit fi'equenc�� is adequatc to handle
the preclicled �pollutant load beine pi`ocessed b�' the ClearWater �iltcr iu�it.
, f0027
e During inspections`the top grate of the catchbasin, the.deflector adaptor for open-grate
systems and the'top panel of tl�e Clearwaler uui4 shall be removed,
s Every 6� days during the raiufall season and at the end of the rainfall season, the imit
shall be inspected for�damages and the collected �trash, debris�, sediment ai�d other
materia] shall be removed. Tlle floatable should be removed and Uie settlin� areas
cleaned when the pnmary settling chamber is 40% to 50% fu1L If floatbables accumiilate
more rapidly than the setUeable solids, the floatables could be removed using a vactor
truck. The Trash baskets cau also be reinoved and captured materials can be disposed of
properly.
Step by step maintenance:
I. Remove cover with attached Hydrocarbon Sock.
a. Check forfull absorplion or not. Replace if hard when squeezed.
b. Reuse or replace.
2. Remove Trash Collector Brackets and Nets.
a. Remove trash and debris from nets.
b. Check condition� of collection nets and clips.
3. Vacuuii� the sediment areas of unit thoroughly.
4. Reiroove complete Filter Canister.
a. Replace�primaryFilter Matt (Blue).
b. Remove media filter bag; dispose and replace.
5. Replace Trasfi Baskets
6. Rei��stall Cover
Material Disposal
Ow��ers are responsible for complying with all federal, �statc, and local regulations when
disposing of material collected from the stonn water quality unit and underground
detention pipe;system. Water aud sediment from cleauout procedures should not be,
�dumped into•�sanitary sewer.
Hazai`d'oiis Wastes
Suspected�Hazardous�wastes wi�ll be analyzed to detenniue disposa] options. Hazardous
materials generated on site will be handled and dis�osed of according to local, state, ancl
federal regtilations. A solid or liquid waste is�considered a hazardous �vaste if it exceeds
� �the criteria�li'sted in the California Code of P'ederal Regulations, Title22, Article 11
(State of California, 1985).
. i���2s
' EXHIBIT "C"
ACCESS EASEMENT
A PORTION OF THAT LAND DEEDED TO STANLEY J. KAMINSKI AND TESSIE
KAMINSKI, TRUSTEES OF THE KAMINSKl FAMTLY TRUST DATED JANUARY
� 23, 1991 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO DOCUMENT N0. 1991-0158791 THEREOF FILE
IN THE COUNTYRECORDER OF SAID SAN DIEGO CQUNTY, APRIL 9, 1991,
DESCRIBED AS FOLLOWS:
BEGINNING AT SOUTHEAST GORNER OF SAID KAMINSKI LAND, THENCE
ALONG THE SOUTH LI1VE-0F SAID KAMINSKI LAND NORTH 88"46' 10" WEST,
85.01 FEET; THENCE"LEAVING SAID SOUTH LINE NORTH 00°34'S0" EA$T,
25.00 FEET; THENCE SOUTH 88°46' 10" EAST, 12.00 FEET; THENCE NORTH
00°34'S0" EAST, 187.89 FEET; THENCE NORTH 89°25'10" WEST, 27.00 FEET TO
A POINT ON WEST LINE OF�SAID KAMINSKI LAND; THENCE ALONG SAID
, WES'P L1NE NORTH 00°34'S0" EAST, 17.38FEET T0 A POINT ON THE
SOUTHERLY SIDE LINE OF'COLTNTY ROAD SURVEY N0: i713 (KNOWN AS
POWAY ROAD); THENCE NORTHEASTERLY ALONG SAID SOUTH�RLY SIDE
LTNE NORTH 47"52'39" EAST, 99.69 FEET; THENCE LEAVING SAfD
SOUTHERLY SIDE LINE�SO.UTH 42°OT21" EAST, 15.00 FEET; THENCE SOUTH
47°52'39" W�EST, 56.38 FEET; THENCE SOUTH 00°34'S0" WEST�, 228:70 FEET;
THENCE SOUTH 88°46' 10" EAST, 58.00 FEET TO A POINT ON EAST LINE OF
SAID KAMINSKT LAND;:THENCE SOUTHERLY ALONG SAID EAST LINE
SOUTH 00°34'S0" WEST, 20.00 FEET TO THE POINT OF� BEGINNING.
AS MOREPARTICULARLY SHOWN ON EXHIBIT "D" ATTACHGD 1IERETO AND [3Y
THIS REP�RF,NCE MADT A PART HGREOF.
� EXHIBIT "D" �. � � `,�'�
' BMP MAINTENANCE ACCESS EASEMENT
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II � a � LINE DATA:
� o z --------------
Z ACCESS
� —EASEMENT L1: N47'S2'39 56.38'
Q L2: N88`46'10"W 58,00'
� 15.00' L3: N89'25'10"W 27.00'
N
L4: N88'46'10"W 12.00'
� L5: N00'34'S0"E 25.00'
L4 L6: N42'07'21 "W 15.00'
� L2 I
� � I � T2o.00'
85.01 '
N88'46'TO°W 100.01' �POB
W0810