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
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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
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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:
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❑ 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.
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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:
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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