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Storm Water Management Facilities Maintenance Agreement 2010-0228924RECORDING REQUESTED BY: CITY OF POWAY IV AND WHEN RECORDED MAIL TO: CITY CLERK I2P CITY OF POWAY P O BOX 789 POWAY, CA 92074 F1V011 D O C # 281 0 - 0228824 IIIIIIIII III III II IIIIIII;IIII MAY 06, 2010 10:50 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 43.00 PAGES: 12 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT No Documentary Transfer Tax Due 15112 Oak Canyon Road, Poway, CA ( G1634 -09WCF ) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between Robert Waldon (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 "A" hereto (hereinafter referred to as the "PROPERTY "), and has proposed that the PROPERTY be developed as a private single - family residence, Grading Permit No. G1634- 09WCF, which is on file with the CITY. This Agreement is required as a condition of approval for such development. WHEREAS, in accordance with the City of Poway's Standard Urban Storm Water Mitigation Plan, Poway Municipal Code, Chapter 16, Division VI (the "SUSMP Ordinance'), the City of Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading Ordinance and /or other ordinances or regulations of CITY which regulate land development and urban runoff, OWNER has proposed that storm water runoff from the PROPERTY be managed by the use of the following Storm Water Management Facilities which are identified as "Best Management Practices" or "BMP's ": a) High -rate media filter catch basin insert located at the new driveway entrance, as shown on the approved plans. The precise location(s) and extent of the BMP's are indicated in the Water Quality Technical Report dated July 2009, on file with CITY's Development Services Department as Water Quality Technical report for Waldon Residence. The manner and standards by which the BMP's must be repaired and maintained in order 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 I d --641 Agreement to assure that the BMP's are 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. NOW, THEREFORE, for consideration of (a) CITY's approval of the above development applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS FOLLOWS: 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 BMP's, and in particular agrees to perform, at its sole cost, expense and liability, the following "MAINTENANCE ACTIVITIES ": all inspections, cleaning, repairs, servicing, maintenance and other actions specified in the O &M PLAN, with respect to all of the 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 may authorize substitution of an alternative BMP if he or she determines that it will function as well as the failed BMP; and (b) If the failure 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 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 maintenance obligations 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 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 the CITY's sole judgment, OWNER has failed to perform the same. It is recognized and understood that the CITY makes no representation that it intends to or will perform any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing maintenance obligations under this agreement. If CITY elects to perform any of the MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as the agent of the OWNER and said work shall be without warranty or representation by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER "as is ", and shall be covered by OWNER's indemnity provisions below. M:\engsew0appTroject Comments \Waldon \Storm Water Facilities Agmt-- Waldon.dou 2 If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the MAINTENANCE ACTIVITIES. OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. 4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over, under and across all of the PROPERTY , for purposes of accessing the BMP's and performing any of the 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 make CITY's access clear and unobstructed. 5. Administration of Agreement for 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 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 character, 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 negligence of OWNER, OWNER's successors, or their contractors, licensees, agents, servants or employees, including, without limitation, claims caused by the concurrent negligent act, error or omission, whether active or passive of CITY PARTIES. OWNER shall have no obligation, however, to defend or indemnify CITY PARTIES from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of CITY PARTIES. Nothing is this Agreement, CITY's approval of the development application or plans and specifications, or inspection of the work, is intended to acknowledge responsibility for any such matter, and CITY PARTIES shall have absolutely no responsibility or liability therefore unless otherwise provided by applicable law. 7. Common Interest Developments. If the PROPERTY is developed as a "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 M: \engsery \Clapp \Project Comments\Waldon \Storm Water Facilities Agmt-- Waldon.docx 3 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) The ASSOCIATION, 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 MAINTENANCE ACTIVITIES, including but not limited to, levying regular or special assessments against each member of the ASSOCIATION sufficient to provide funding for the MAINTENANCE ACTIVITIES, 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 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 recognize a right of any member 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 terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROPERTY (including the interest of CITY or its successors in the easement granted herein). It is the intent of the parties hereto that this Agreement may 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. 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 maintenance 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 Council or the CITY Engineer acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This MAengsery \Clapp\Project Comments\Waldon \Storm Water Facilities Agmt -- Waldon.docx 4 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. 11. Governing Law and Severability. This Agreement shall be governed by the laws of the State of California. Venue in any action related to this Agreement shall be in the Superior Court of the State of California, County of San Diego. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. Property Owner Robert Waldon -.. MW Its: Director of Development Services Approved as to Form Office of the City Attorney Lisa A. Foster, City Attorney Date: -? 31 2010 Date: ! �/0 Date: 3.3o -lp M: \engserv\Clapp \Project Comments\Waldon\Storm Water Facilities Agmt-- Waldon.dou 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s. »tq. ,r State of California 1 County of San f)dego 1} On5-jF-51201 0 before me, Shallav CnllinG Nntaru Pi ihlir• No, _ — THere ncert'raodiitle of tl Otrxar personally appeared Y Co�UN L en / 1 70747 09 Caveaffft County 1 Place Notary Seal Move who proved to on the basis of satisfactory evidence to be the person(s)- ose name(s)G'/am subscribed to the within instrument and acknowledged to me that eg jpl M ey executed the same in llpAeoh eir authorized capacity(ies), and that by I�iAa their signature(s) on the instrument the person(a)–,or the entity upon behalf of which the person (a)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m t nd a d official �a� Signature s Slgnawre of N Lary �c OPTIONAL Though the information below is not required bylaw, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Vmyra+p�✓ Mg1m�• t-RC' Document Date: �I� (`7�2C)w Number of Pages: Signers) Other Than Named Above: AR J�N� Capacity(fes) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ❑ Trustee Top W thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHWASPRINT. v 10PSIGNER €IN YS`S \i<�L`.4`.S "Y 'Y YL(✓ S' YL<.: SLYL' Y' VL��L'g6 "YS`L;L�u4�V.4'YL�4'VLV L<YSL:L'Y 'VS YL�:,LVL'Y4'V' Sv'✓S(YS'Y' 'Y«VL1{/4'YL�✓S'YS'Y�'Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On A/t_ ZI 2 before me, Phyllis Shinn, Notary Public Date re / He Insert Name and Title of the Officer personally appeared �Qt�C2T �/ Names) of Signia s) PHYMS SHINN Commluion M 1778S.I Notary Public - California Son Diego County Comm. Nov9 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(o whose naml is /aX subscribed to the within instrument and acknowledged to me that hel executed the same in his /q* /ter authorized capacity(iA), and that by his /IXOV, r signature(Kon the instrument the personk or the entity upon behalf of which the person('t acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document Date: Signer(s) Other Than Named Above:'G r Capacity(ies) Claimed by Sidner(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General. ❑ Attorney in Fact, ❑ Trustee ❑ Guardian, or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: q RIGHT THUMB PRINT OF SIGNER 02007 National Notary Association, 9350 De Soto AN., P.O. Box 2402- Chatsworth, CA 91313 -2402• wrvw.NationalNotaryorg item #5907 Reorder Call Toll- Free 1 Brit) 876E27 EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of California, Comity of San Diego; City of Poway, and described as follows: PARCELI THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32, DISTANT THEREON, SOUTH 89° IT 57" EAST, 753.40 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER, SAID POINT BEING THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO PEARL THOMPSON, RECORDED NOVEMBER 14, 1961 AS FILE NO. 157387, OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND AS FOLLOWS: NORTH 00° 15'33" EAST, 104.50 FEET; AND NORTH 14° 32' 12" WEST, 157.62 FEET TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO LOUIS H. FORCIER, ET UX, RECORDED MARCH 24, 1969 AS FILE NO. 50532, OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID FORCIER' S LAND AS FOLLOWS: NORTH 29° 19'57" WEST, 60.37 FEET; NORTH 130 10'03" EAST, 112.52 FEET; AND NORTHEASTERLY ALONG A STRAIGHT LINE TO THE MOST NORTHERLY NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN SAID DEED TO THOMPSON; THENCE ALONG THE NORTHERLY LINE OF SAID THOMPSON "S LAND AND THE EASTERLY PROLONGATION THEREOF SOUTH 89° 12'57" EAST, 416.49 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE ALONG SAID EASTERLY LINE, SOUTH 02'04'40" WEST, TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, NORTH 89° IT 57" WEST, 599.35 FEET TO THE POINT OF BEGINNING. PARCEL2: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER, ALONG AND ACROSS A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, THE EASTERLY AND NORTHEASTERLY LINE OF SAID 20.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32, DISTANT THEREON SOUTH 89° 12'57" EAST, 753.40 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 00° 1533" EAST, 104.50 FEET; THENCE NORTH 140 32'12"- WEST, 157.62 FEET; THENCE NORTH 29° 19'57" WEST, 60.37 FEET; THENCE NORTH 130 10' 03" EAST, 112.52 FEET. SAID EASEMENT TO TERMINATE SOUTHERLY IN THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER. PARCEL 3 AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH LYING WITHIN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13.SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, THE EASTERLY LINE OF SAID STRIP BEING THE WESTERLY LINE OF PARCEL 3 OF PARCEL MAP 4783 ACCORDING TO MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 4, 1976. PARCEL4: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE WESTERLY 30.00 FEET OF PARCEL 2 OF SAID PARCEL MAP 4783, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 4, 1976. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 3 HEREINABOVE DESCRIBED. PARCEL5: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THE SOUTHEASTERLY AND SOUTHERLY 30.00 FEET OF PARCEL I OF SAID PARCEL MAP 4783, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 4, 1976. PARCEL6: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER, ALONG AND ACROSS THE SOUTHERLY AND SOUTHEASTERLY 30.00 FEET OF PARCEL 3 OF PARCEL MAP 1001, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1972. PARCEL 7: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER, ALONG AND ACROSS A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 3 OF SAID PARCEL MAP 1001, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1972; THENCE NORTH 25° 02'20" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 320 38'00" EAST, 80.00 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE COUNTER- CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1650 50'00" A DISTANCE OF 115.77 FEET TO THE END OF SAID CURVE; THENCE LEAVING SAID CURVE SOUTH 56'48'00" WEST, 55.98 FEET; THENCE NORTH 490 44'00" WEST, 82.17 FEET TO A LINE WHICH BEARS SOUTH 160 42'00" WEST, FROM THE SOUTHWESTERLY CORNER OF PARCEL 1 HEREINABOVE DESCRIBED; THENCE NORTH 160 42'00" EAST, 183.20 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 1 HEREINABOVE DESCRIBED. SAID EASEMENT TO TERMINATE SOUTHWESTERLY IN THE EASTERLY LINE OF SAID PARCEL 3 OF SAID PARCEL MAP 1001, AND TO TERMINATE NORTHERLY IN THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32. APN: 278- 290 -06 -00 (End of Legal Description) EXHIBIT B Hillside Landscaping All hillside landscaping areas which are part of this project shall utilize deep - rooted. drought - tolerant plant species that can control erosion to the satisfactory of-the City of Poway Director of Development Services. 5.0 OPERATION AND MAINTENANCE PROGRAM The operation and maintenance needs for Clearwater Solutions BMP filtration Unit is as follows: • Daring inspections the top grate of the catch basin, the deflector adaptor for open -grate systems and the top panel of the Clearwater unit shall be removed. Every 60 days during the rainfall season and at the end of the rainfall season, the unit shall be inspected for damaged and the collected trash, debris, sediment and other material shall be removed. The floatable should be removed and the settling areas cleaned when the primacy settling chamber is 40% to 50% full. If floatbables accumulate more rapidly than the settleable solids, the floatables could be removed using a vactor truck. The Trash basins can also be removed and captured materials can be disposed of properly. Debris and Sediment Disposal Waste generated from the project is the responsibility of the owner /applicant. Disposal of sediments, debris, and trash will comply with applicable local, county, state and federal waste control programs. Hazardous Wastes Suspected hazardous wastes will be analyzed to determine disposal options. Hazardous materials - generated on site will be handled and disposed of according to local, state, and federal regulations. A solid or liquid waste is considered a hazardous waste if it exceeds the criteria listed in the California Code of Federal Regulations, "Title 22, Article 11 (State of-California, 1985) 6.0 FISCAL RESOURCES The owner shall provide to the City of Poway's Engineering Department an annual estimate for maintaining the high -rate media filter. 6.1 Operation and Maintenance Costs 6.0 FISCAL RESOURCES The owner shall provide to the City of Poway's Engineering Department an annual estimate for maintaining high -rate media filter. 6.1 Operation and Maintenance Costs Table 6.1 Total Clearwater Annual Maintenance Cost Labor Equipment Materials f0TAL $500.00 S100.00 1400.00 .52000.00 0.2 Responsible Party for Operation and Maintenance The owner will be responsible for all operation and maintenance of BNIPs This will include scheduled and post major storm inspections, repair and replacement of detective components, and removal and disposal of debris, sediments and hazardous wastes as outlined under Section 5.0 in this report 7.0 SUMMARY /CONCLUSIONS This Water Technical Report has been prepared in accordance with the City of Poway's Jurisdictional Urban Runoff Management Program. This Water Technical Report has evaluated and addressed the potential pollutants associated with this project and their effects on water quality. A summary of the facts and findings associated with this project and the measures addressed by this Water Technical Report is as follows: • The beneficial uses for the receiving waters have been identified. None of these beneficial uses will be impaired or diminish due to the construction and operation of this project. • This project will not significantly alter drainage pattems on the site. Stormwater runoff will continue to flow as it had before this project. • The site will not experience an increase of peak stormwater runoff since there is little or no change in impervious area from the amounts on -site before the fire of 2007. • The primary and secondary pollutants of concern for this project were properly identified as nutrients and bacteria by comparing the most current 303 (d) list with the potential and anticipated pollutants as indicated the City of Poway JURMP manual. • The proposed construction and post - constriction BMPs address mitigation measures to protect water quality and protection of water quality objectives and beneficial uses to the maximum extent practicable. • Low Impact Development has utilized to the maximum extent possible. • Site Design and Source Control BMP through the use of clever site design, careful use of the site and education will work to minimize stormwater runoff and pollution discharge. • The high -rate media filter will provide treatment for the primary pollutant of concern for this project. • Treatment control BMP maintenance procedures, costs and responsibilities are identified. ENGINEER'S STATEMENT This Water Quality Technical Report has been prepared under the direction of the following Registered Civil Engineer. The Registered Civil Engineer attests to the Technical information contained herein and engineering data upon which recommendations, conclusions, and decisions are based. William C. Y4, RCE 33730 `t C xi;xy�V' y NO 33730 OF CA11FQ