Loading...
Storm Water Management Facilities Maintenance Agreement 2010-0238654RECORDING REQUESTED BY CITY OF POWAY AP N: 272 - 761 -46 D O C ## 201 0 - 0200054 111111111111111111111111111111111111111111111111111111111111111111111 IN MAY 12, 2010 1:19 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES 40.00 PAGES: 11 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT No Documentary Transfer Tax Due 13210 Highlands Ranch Road, Poway, CA ( G1622 -08WCF ) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between Bruce W. and Allison W. Dahlgren (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. G1622- 08WCF, 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) Catch basin insert located at the driveway entrance, as shown on the approved plans. b) Underground Infiltration trench located on the slope at the rear of the property, as shown on the approved plans. c) Rock swale along the driveway, as shown on the approved plans. The precise location(s) and extent of the BMP's are indicated in the Standard Urban Storm Water Mitigation Plan Water Quality Technical Report revised April 8 2010, on file with CITY's Development Services Department. 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 ". 10 -0�3 AND WHEN RECORDED MAIL TO: CITY CLERK II� CITY OF POWAY P O BOX 789 I�� ^ POWAY, CA 92074 AP N: 272 - 761 -46 D O C ## 201 0 - 0200054 111111111111111111111111111111111111111111111111111111111111111111111 IN MAY 12, 2010 1:19 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES 40.00 PAGES: 11 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT No Documentary Transfer Tax Due 13210 Highlands Ranch Road, Poway, CA ( G1622 -08WCF ) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between Bruce W. and Allison W. Dahlgren (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. G1622- 08WCF, 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) Catch basin insert located at the driveway entrance, as shown on the approved plans. b) Underground Infiltration trench located on the slope at the rear of the property, as shown on the approved plans. c) Rock swale along the driveway, as shown on the approved plans. The precise location(s) and extent of the BMP's are indicated in the Standard Urban Storm Water Mitigation Plan Water Quality Technical Report revised April 8 2010, on file with CITY's Development Services Department. 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 ". 10 -0�3 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 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. 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 in 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. 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 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. a 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 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. L rt Owner Bruce W. Dahlgren (Not rize) fiffi/oM ( J� L W-� Allison W. Dahlgren (Notarize) For TY OF POWAY: 0 ert J. Man Its: Director of Development Services Approved as to Form Office of the City Attorney Lisa . Foster, City Attorney Date: _ a 3 Date: �(— 2: I c) Date: //0 Date: y -z/ -10 MAengsery \Clapp \Project Comments\Dahlgren \Storm Water Facilities Agmt.docx 5 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of rYn on,3cLd) nn 1�tr. before me, d) r�iil (Here insert name and ufle of e ofcoer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /Jr subscribed to the within instrument and acknowledged to Inc that he /she / ie' executed the same in his/her/ ei authorized capacity.(ies), and that by his /her / Sir ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execut d 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 and official seal. Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF TttE ATT/.ACHED DOCUMENT 'b-L, mk 't f l (Title or description of attached document) (Title or descrip�tio�n of mtached document continued) Number of Pages G1 1/i' Document Datc,23kt j (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Ti;ic) Partner(s) Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v 12.10.07 800 - 873 -9865 wti%a%, NotaryClasscs com e_ INSTRUCTIONS FOR COMPLETING THIS FORIA. Any acknowledgment completed in California must' contain verbiage exactly as appears above in the notary section or a separate.acknowledgmeni form most be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Cal foraio. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). please check the document carefidly for proper notarial wording and attach Ihis form ifrequired • Stale and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Dale of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he /sheithey -.is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknow!adement form. • Signature oft ' e noiary public maa mach the signi,eac on id: �.m�:i; the the county clerk. Additional information is not required but could help to ensure this acknowedgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .at.,'+is_�i_aLaS_�t�av,$t:> �i_3L�a asfa _' asafacsiN�..a �as4n _i _iii. »>£�vtiu�7>✓,v„t =' _�it_a:s mL. �>..at�aYiitata..- �aL��Cau�taia State of California County of San Diego On 11HY3 o,� before me, Phyllis Shinn, Notary Public ate Here Insert Name and Title of the Dlfirer personally appeared T J who proved to me on the basis of satisfactory evidence to be the person(Y) whose name(}(,) is /aWsubscribed to the within instrument and acknowledged to me that PMYLLIS - - - he/�ehr*y executed the same in his/tWr /tl*r authorized Commualon # 1778898 1 capacityO, and that b his /W/trAr sigoature(,),on the Notary Public • California instrument the person, or the entity upon behalf of San Diego County which the person(% acted, executed the instrument, Comm.D 1w w9T011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han nd official se Flare Notary Seal Above Signature signatwe of Notary Pubic 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 Document Title or Type of Document: c/v( 1,41ZXr � r C/ L /rJ, VA Document Date: it O.e /r_ 7_ 3 . Z D/ o Number of Pages: Signer(s) Other Than Named Above: 3l RLb7- W -r-A, L LSD Al t t / ,,f /AL lj Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Nal ❑ Individual - ❑ Individual • Corporate Oticer—Title(s): ❑ Corporate Officer— Title(s): • Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee op of Thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: L-1 Signer Is Representing: V200 Naronal Notary alssocialion• 9350 De Soto Am, PO Box 2402• Chatsworth, CA 01313- 2402•w Nationalrotaryorg Item 45907 Reorder: Call Toll -Free 1- 800.876 -6827 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Poway, County of San Diego, State of California, described as follows: PARCEL C AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 89 -03, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 16, 1990 AS INSTRUMENT NO. 90 -24031 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS 27, 28 AND 29 OF CITY OF POWAY TRACT NO. 88 -01 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12123, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 13, 1988, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 27, SAID CORNER BEING A POINT IN THE ARC OF A 40.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (A RADIAL TO SAID POINT BEARS NORTH 65 002'53") EAST); THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID LOT 27 AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28 057'18 ", A DISTANCE OF 20.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 39 019'40" EAST 19.61 FEET TO A POINT IN A LINE PARALLEL TO AND 8.00 FEET SOUTHERLY OF THE NORTHERLY BOUNDARY OF SAID LOT 27; THENCE ALONG SAID PARALLEL LINE, NORTH 76 °59'36" EAST 159.86 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 66 048'50" EAST 52.66 FEET TO A POINT IN THE EASTERLY BOUNDARY OF SAID LOT 27, SAID POINT BEING A POINT IN A LINE PARALLEL TO AND 40.00 FEET SOUTHERLY OF THE NORTHERLY BOUNDARY OF LOT. 28 OF SAID CITY OF POWAY TRACT NO. 88 -01, SAID POINT BEING THE POINT OF TERMINUS. 2aM md IWA AN EXCLUSIVE AND NON - EXCLUSIVE EASEMENT FOR USE, ENJOYMENT, ACCESS, INGRESS AND EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT AND FOR OTHER PURPOSES OVER ACROSS AND UNDER LOT 41 OF CITY OF POWAY TRACT NO. 88-01, IN THE . CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12123 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 14, 1988, AS DESCRIBED AND SET FORTH IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED APRIL 22, 1988 IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, AS FILE NO: 88.187789 OF OFFICIAL RECORDS, AS AMENDED BY THE FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF HIGHLAND RANCH RECORDED JULY 15, 1988 IN THE OFFICIAL RECORDS OF SAN DIEGO, CALIFORNIA AS FILE NO. 88- 34166S OF OFFICIAL RECORDS. PARCEL 3: AN EASEMENT TO ALLOW FOR A CONCRETE DRIVEWAY AND COLUMN ENCROACHMENTS OVER, UNDER ALONG AND ACROSS THAT PORTION OF LOT 30 OF THE CITY OF POWAY TRACT N0. 88-01, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12123, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, JULY 14, 1988, LYING SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST" CORNER OF SAID LOT 30; THENCE SOUTH 28051 '38" ry WEST ALONG THE EASTERLY LINE THEREOF 178.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 63028 -53- WEST 2.78 FEET; THENCE SOUTH 26031'07" WEST 2.13 FEET; THENCE SOUTH 28002 -00 -- WEST 33.35 FEET; THENCE SOUTH 57010 -17 -- WEST 31.98 FEET; THENCE SOUTH 72049 -14- - WEST 33.09 FEET; THENCE SOUTH 76028 -09 -- WEST - 34.50 FEET; THENCE SOUTH 760 20'34" WEST 33.62 FEET; THENCE SOUTH 78011'02" WEST 2.13 FEET; THENCE SOUTH 11048-58-- EAST 1.51 FEET TO THE INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LOT 30. APN: 272- 761 -46 EXHIBIT B 4.2.1 Treatment Control BMP Maintenance 4.2.1.1 Vegetated Szoale Maintenance Maintenance of vegetated swales largely consists of periodic mowing, cutting the grass to no less than 4" in height. Other maintenance activities are performed as needed and include: • Re- seeding bare areas • Weed control • Repairing ruts or holes (utilizing soil that is properly tamped and seeded) • Clearing of sediment and debris (clear sediment when 3" deep) Inspections should occur, at the very least, at the beginning and end of the rainy season and after heavy rains. The large majority of these activities will be performed as part of typical landscape maintenance on the site which occurs throughout the year. 4.2.1.2 Kristar Media Filter Maintenance Maintenance requirements for the catch basin filters are as follows (see Appendix C for more specific instructions): 1. The catch basin grate shall be removed and set to one side. The catch basin shall be visually inspected for defects and possible illegal dumping. 2. Using an industrial vacuum, the collected materials shall be removed from the liner. 3. When all of the collected materials have been removed, the filter medium pouches shall be removed be unsnapping the pouch from its tether and set to one side. 4. Inspect all liners, gaskets, mounts and fittings for any damages and repair if found. 5. Inspect filter medium pouches for defects and continued serviceability and replace as needed. Medium pouches shall be replaced once a year at minimum. 6. Replace catch basin grate During the rainy season, the catch basin should be monitored for any clogging as evidenced by water pooling around upstream landscape drains. If this is observed, the above maintenance instructions shall be followed. At a minimum, the catch basin filter should be cleaned and serviced prior to, during and after the rainy season. Regular inspections typically will occur October 1, January 1; and April 1. 4.2.1.3 Infiltration Trench Maintenance The infiltration trench will require a minimum amount of maintenance. Regular monitoring will be required for saturated soil and /or standuig water that does not drain. If this is witnessed, the trench may be clogged and the rock fill will need to be removed and replaced. Monitoring shall occur daily for at least three days following a storm event. The Brooks Box located in the center of the infiltration trench shall also be regularly monitored for any sediment and /or debris build -up. At least once prior to, during and after the rainy season (Oct.1, Jan. 1, April 1), the grate shall be removed and excess sediments/ debris shall be removed to ensure continued operation of the infiltration trench. If landscape drains cease to drain, the Brooks Box should also be inspected as a source of clogging and cleared if necessary. 4.2.2 BMP Maintenance - Responsible Party The financial and physical responsibility for BMP maintenance will be the property's owners, successors and /or assigns, in perpetuity. 4.2.3 Treatment Control BMP Self Inspection & Maintenance Records Self certification of BMP inspections and associated maintenance shall be documented annually. Self certification forms are provided by the City of Poway. These records are to be kept on file for a minimum of five years and be made available to the City of Poway upon request per Poway Municipal Code Section 16.104.040.