Storm Water Management Facilities Maintenance Agreement 2010-0498716s
RECORDING REOUESTED BY:
;y TITLE
APNs: 317-101-17,317-101-16
D C C # 2010-0498716
III I III III VIII III II II VIII I I I IIII VIII IIII VIII I III
SEP 21, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 0.00
OC. NA
PAGES: 15
(THIS SPACE FOR RECORDER'S USE) 1674'
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
(G1629 -09)
The undersigned grantors declare:
Documentary Transfer Tax is $-0- pursuant to R &T Code 11922 (conveyance to a Government Agency)
This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities
is entered into between Brannon Family Lim_ ited Partnership (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 Walgreens in accordance with applications
for APN Nos. 317 - 101 -17 and 317 - 101 -16, Development, Review DR08-03, and Grading Permit
No. G1629 -09, which are 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 "BMPs":
a) Triton catch basin inserts, with dual stage hydrocarbon -pa k and cartridge pre- screen,
located in various places throughout the site as shown on the approved grading plans.
The precise location(s) and extent of the BMPs are indicated in the Water Quality Management
Plan dated May 5, 2010, on file with CITY's Development Services Department as Addendum
to Water Quality Management Plan, Walgreens. The manner and standards by which the BMPs
must be repaired and maintained in order to retain their effectiveness are as set forth in the
Operation and Maintenance Plan (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 this Agreement
to assure that the BMPs are maintained, by creating obligations that are enforceable against the
/D- oft
�ill1
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
t1
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APNs: 317-101-17,317-101-16
D C C # 2010-0498716
III I III III VIII III II II VIII I I I IIII VIII IIII VIII I III
SEP 21, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 0.00
OC. NA
PAGES: 15
(THIS SPACE FOR RECORDER'S USE) 1674'
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
(G1629 -09)
The undersigned grantors declare:
Documentary Transfer Tax is $-0- pursuant to R &T Code 11922 (conveyance to a Government Agency)
This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities
is entered into between Brannon Family Lim_ ited Partnership (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 Walgreens in accordance with applications
for APN Nos. 317 - 101 -17 and 317 - 101 -16, Development, Review DR08-03, and Grading Permit
No. G1629 -09, which are 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 "BMPs":
a) Triton catch basin inserts, with dual stage hydrocarbon -pa k and cartridge pre- screen,
located in various places throughout the site as shown on the approved grading plans.
The precise location(s) and extent of the BMPs are indicated in the Water Quality Management
Plan dated May 5, 2010, on file with CITY's Development Services Department as Addendum
to Water Quality Management Plan, Walgreens. The manner and standards by which the BMPs
must be repaired and maintained in order to retain their effectiveness are as set forth in the
Operation and Maintenance Plan (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 this Agreement
to assure that the BMPs are maintained, by creating obligations that are enforceable against the
/D- oft
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 that 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: 1675
Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and
its successors in interest, to all or any portion of the PROPERTY, to comply in all respects
with the requirements of the SUSMP Ordinance with regards to the maintenance of BMPs,
and in particular agrees to perform, at its sole cost, expense and liability, the following
"MAINTENANCE ACTIVITIES ": all inspections, cleaning, repairs, servicing, maintenance
and other actions specified in the O &M PLAN, with respect to all of the BMPs listed above,
at the times and in the manner specified in the O &M PLAN. OWNER shall keep records
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 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 BMPs in the event of failure. Replacement
shall be with an identical type, size and model of BMP, except that:
(a) The CITY's Engineer may authorize substitution of an alternative BMP if he or she
determines that it will be as effective as the failed BMP; and
(b) If the failure of the BMP, in the judgment of the CITY's Engineer indicates that the
BMP in use is inappropriate or inadequate to the circumstances, the BMP must be
modified or replaced with a more effective BMP to prevent future failure in the same
or similar circumstances.
Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on
which any of the above BMPs 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. Such maintenance by
the CITY shall be conducted in accordance 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
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, plus an administrative fee. OWNER's obligation to pay
CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If
OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may
assess a lien on the property or properties of the responsible parties pursuant to the
procedures set forth in Poway Municipal Code Chapter 8.72.
4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over,
under and across 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 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
the officer charged with responsibility and
of CITY. Any notice or communication
Agreement shall be addressed to:
CITY hereby designates the City Engineer as
authority to administer this Agreement on behalf
to CITY related to the implementation of this
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
1676
1677
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 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.
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 shall 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 BMPs which may have arisen
under the ordinances or regulations of CITY referred to in this Agreement, or other federal,
state or CITY laws, on account of OWNER having obtained a permit which 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 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 BMPs or that it is no longer necessary to assure such
maintenance.
4
1678
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.
ELDON JAMES WAFERS
- Commission # 1763049
OWNER: on Fami ited Partnership `" Notary Public - California =
i B Riverside County
MyC0mm- E)PkMAug 23, 2011
y: Date: �7
Jer Brannon, Co- partner
CITY O
FWAll —7 - —
D.
Robert J. fi
Director of
APPROVED AS TO FORM:
Office of the City Attorney
Lisa A. Foster, City Attorney
Attachments: Exhibit "A"
Exhibit "B"
Exhibit "C"
Date: 7 -3- D eg
IF
M \ engsery \Clapp\Agreements \Walgreens Storm Water Facilities Agmt docx
APPROVED AS TO CONTENT:
Engineering Division
`Steve Crosby, PE
Acting City Engineer
5
1679
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
Ow9i�? �2-jl[ �i /O before me, �LdO,�/c %/�/!r� S l
Date" ___� -- Here Insert Name and Ttie of the. '
personally appeared E/�.�y A?12-AAUW1k1
Names) of Signers)
ELDON JAMES WATERS
Commission # 1763049
< "-vd Notary Public - California
Riverside County
Mycomm. E)q*es Aug 23, 2011
who proved to me on the basis of satisfactory
evidence to be the person(p) whose named sill
subscribed to the within instrument and acknowledged
to me that he /eke tFier executed the same in
his /IAar,419 it authorized capacity(ill and that by
hisRaerAheir signature(O on the instrument the
person(a), or the entity upon behalf of which the
person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true andF9rrec;,_�
WITNESS
seal.
Place Notary Seal Above ignature of W-71%
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 iii to another document.
Description of Attached DocumentsTOf2/t? (,�/r>T�i�lt C+fa✓<GEiftEW� iiG /�
Title or Type of Document 11AA1A11_ �✓ L>ff"4 /VA
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer— Title(s):
❑ Individual '
7� Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
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Number of Pages: ;� (fiC
Signer's Name:
Cl Corporate Officer — Title(s)
❑ Individual Kilmill °--
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
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❑ Guardian or Conservator
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0 2009 National Notary Association "National Notary org " 1- 800 -US NOTARY (I -BOO-876-6827) Item 45907
CALIFORNIA ALL - PURPOSE
•M
State of California
County of Los Angeles
,On July 27, 2010 before me, Erin Surinck, Notary Public
DATE NAME, TITLE OF OFFICER -E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared Donald Brannon
who proved to me on the basis of satisfactory evidence
to be the person('3,1 whose name'() is e subscribed to the
within instrument and acknowledged-To me that he she /they
ERIN SURINCK executed the same i ht er/their authorized capactty('bs),
_ COMM. # 1765383 and that b hi er/their signatures), on the instrument the
NOTARY PUBLIC, CALIFORNIA3 person, or the entity upon behalf of which the person
LOS ANGELES COUNTY -'
My Comm. Expires Sept. 30, soI I 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 and official seal.
OPTIONAL
). ;,Though the, data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent
''reattachment of ibis form.
CAPACITY' CLAIMED BY SIGNER
.❑ INDIVIDUAL
'❑ CORPORATE OFFICER
.' ; ®.PARTNER(S) ❑ LIMITED
❑ GENERAL
#❑'ATTORNEY -IN-FACT
❑. TRUSTEE(S)'
;' ❑
GUARDIAN/CONSERVATOR
i❑ OTHER:;.
t(
AME OF PERSONS) OR ENTn'Y(IES)
,
DESCRIPTION OF ATTACHED DOCUMENT
Storm Water Management Facilities
Maintenance Agreement
TITLE OR TYPE OF DOCUMENT
5
NUMBER OF PAGES
July 27, 2010
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
I:
WITNESS my hand and official seal.
OPTIONAL
). ;,Though the, data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent
''reattachment of ibis form.
CAPACITY' CLAIMED BY SIGNER
.❑ INDIVIDUAL
'❑ CORPORATE OFFICER
.' ; ®.PARTNER(S) ❑ LIMITED
❑ GENERAL
#❑'ATTORNEY -IN-FACT
❑. TRUSTEE(S)'
;' ❑
GUARDIAN/CONSERVATOR
i❑ OTHER:;.
t(
AME OF PERSONS) OR ENTn'Y(IES)
,
DESCRIPTION OF ATTACHED DOCUMENT
Storm Water Management Facilities
Maintenance Agreement
TITLE OR TYPE OF DOCUMENT
5
NUMBER OF PAGES
July 27, 2010
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
1681
CALIFORNIA ALL-PURPOSE ACK14OWLEDGMENT
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State of California l
County of San Diego J15
On ,b(L J before me, Phyllis Shinn, Notary Public
Date Here Insert Name antl T,tle of the 011¢er '
personally appeared
PHIMIS SHINN
Commission / 1778898
Notary Public • California
San Diego County
Cdnm. Nag 2011
Pace Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person( ) whose nameW is /a}'@subscribed to the
within instrument and acknowledged to me that
he /s'e /tt*y executed the same in his /f* /th)frauthorized
capacity(iW, and that by his/her /ttfstr signature( on the
instrument the person), or the entity upon behalf of
which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my han nd official seal.
Signature
Signature o 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.
A1iffZ71111Z�
Description of Attached
Title or Type of
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ individual
❑ Corporate Officer— Title(s): —
Signer's Nat
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limped ❑ General
❑ Partner — ❑ Limned ❑ General
❑ Attorney in Fact
❑ Attorney in Fact
❑ Trustee
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Top of thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is, Representing.
02007 Nalronal Notary Assotiaeon•9350 De Soto Ave. PO SM 2402•Chahsyorth, CA 91313- 2402•wvm NaonaiNotaryory Item 45907 Reorder Cell Tol6Free, 1- 800.8]66821
EXHIBIT "A" 1.682
Property Description
THE SOUTH 489.33 FEET (MEASURED ALONG THE EAST LINE) OF THE EAST 229.75
FEET(MEASURED ALONG THE SOUTH LINE) OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THE NORTH 169.33 FEET (MEASURED ALONG THE EAST
LINE) OF THE EAST 229.75 FEET (MEASURE ALONG THE SOUTH LINE) OF SAID
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13.
SHEET 1 OF 1
EXHIBIT A
EXHIBIT "B"
BMP Operation & Maintenance Plan
Project Name: Walgreens #12421
Address: 13390 Poway Rd., Poway, CA 92064
1683
BMP Title: Triton Inlet Filters
BMP Description:
• Seven (7) TR2436 Triton Drop Inlet filters with Media Cartridge & Bioflex Pre - Screen Model # TR2436 —D —
TRI4PAK(16) — FOG — BFTG. This BMP device is a higher -rate media filter.
The Triton Drop Inlet system is designed for use in stormdrains that experience oil and grease pollution
accompanied by sediment, trash and debris. Trash, debris and sediment accumulate in the outer housing with oil
and grease and fine particulates being trapped in the media cartridge.
Measurable Goals:
To capture and remove hydrocarbons and other contaminants & pollutants'(sand, silt, litter, paint, petroleum
products, animal facts, food, etc...) from stormwater runoff.
To maintain the BMP in proper working condition by performing inspections 3 times per year, and replacing the media
cartridges annually. The maintenance records are to be kept for a minimum of 5 years and be made available to the
city upon request.
Timeline /Implementation Schedule:
• Inspections are performed three (3X) per year — once in the fall before the rainy season, once during winter, and
once during the summer dry season. Replace media cartridges annually.
• Remove accumulated trash and debris in the sedimentation basin, from the filter trough & pre- screening liner
during routine inspections. Identify potential problems or leaking around the insert housing.
• Inspect the BMP filters during the wet season after a large rain event.
Specific Components and Notes:
• Remove and dispose of all captured debris and material in accordance to all laws and regulations. (Materials are
disposed of at a Class II Hazardous Materials facility.)
• Vacuum and power wash filters,at each service visit.
• Inspect each filter for system operation
• Replace and recharge filter media as necessary. Spent "FOG" media shall be manifested and recycled at a Cal
EPA approved recycle facility.
• Attach a bright yellow Dated Service Lock -out Tag to each catch basin after the service is completed.
• Prepare a Service Compliance Report after each visit indicating the specific work that was performed, debris
capacity`of each filter, and any observed stormwater compliance issues.
•' The inspector must be familiar with the Triton Inlet Filter maintenance requirements and have completed training
in operation and maintenance of the BMP by the manufacturer or supplier.
Responsible Party for this BMP - OWNER
SHEET I OF 2
EXHIBIT B
IM
0
a
0
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O
U
SHEET 2 OF 2
EXHIBIT "C„ 1685
BMP EASEMENT
LEGAL DESCRIPTION
EIGHT (8) STRIPS OF LAND, 10.00 FEET IN WIDTH LYING WITHIN THAT PORTION OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE
CENTERLINE THEREOF BEING DESCRIBED AS FOLLOWS:
STRIP 1:
BEGINNING AT A POINT ON THE NORTH LINE OF POWAY ROAD, AS SHOWN ON
DOCUMENT NUMBER 2010 - 0309647 RECORDED ON JUNE 21, 2010, OFFICIAL
RECORDS OF COUNTY OF SAN DIEGO, DISTANT NORTH 89° 08'30" WEST 202.89 FEET
AND NORTH 000 51'30" EAST 51.00 FEET FROM THE CENTERLINE INTERSECTION OF
COMMUNITY ROAD AND POWAY ROAD AS SHOWN ON RECORD OF SURVEY NO.
3395 RECORDED JULY 16, 1954 AS FILE NO. 93326; THENCE THE FOLLOWING
TWELVE (12) COURSES:
(1) NORTH 00° 51'30" EAST 40.55 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "A ";
(2) NORTH 880 09'34" WEST 18.41 FEET;
(3) NORTH 02° 13'25" EAST 169.65 FEET;
(4) NORTH 36013'30" EAST 12.88 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT `B';
(5) NORTH 360 13' 30" EAST 13.61 FEET;
(6) SOUTH 890 08' 30" EAST 113.05 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "C";
(7) SOUTH 89° 08'30" EAST 5.77 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT "D";
(8) SOUTH 01° 54' 00" WEST 49.99 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "E ";
(9) SOUTH 01 ° 54' 00" WEST 49.53 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "F';
(10) SOUTH 01° 54' 00" WEST 94.02 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "G ";
(11) NORTH 880 09'34" WEST 63.00 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT `H'; AND
(12) NORTH 880 09'34" WEST 53.28 FEET TO SAID AFOREMENTIONED POINT "A ".
THE SIDE LINES OF SAID STRIP ARE TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE IN THE NORTHERLY LINE OF SAID AFOREMENTIONED POWAY ROAD
PER DOC. NO. 2010 - 0309647.
Exhibit C - Legal Description
09 -23 BMP doc (07/09/2010)
Sheet 1 of
EXHIBIT C
STRIP 2:
BEGINNING AT POINT "B ", THENCE NORTH 010 54'00" EAST 32.85 FEET TO THE
POINT OF TERMINATION.
STRIP 3:
BEGINNING AT POINT "C ", THENCE NORTH 01 ° 54' 00" EAST 27.24 FEET TO THE
POINT OF TERMINATION.
STRIP 4:
BEGINNING AT POINT "D ", THENCE SOUTH 890 08'30" EAST 37.93 FEET TO THE
POINT OF TERMINATION.
THE SIDE LINES OF SAID STRIP ARE TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE IN THE WESTERLY LINE OF SAID AFOREMENTIONED COMMUNITY
ROAD PER DOC. NO. 2010-0309647.
STRIP 5:
BEGINNING AT POINT "E ", THENCE SOUTH 88° 06'00" EAST 30.24 FEET TO THE
POINT OF TERMINATION.
STRIP 6:
BEGINNING AT POINT "F ", THENCE SOUTH 88° 06'00" EAST 23.52 FEET TO THE
POINT OF TERMINATION.
STRIP 7:
BEGINNING AT POINT "G ", THENCE SOUTH 88° 09' 34" EAST 23.49 FEET TO THE
POINT OF TERMINATION.
STRIP 8:
BEGINNING AT POINT "H ", THENCE SOUTH 01 ° 50'26" WEST 35.70 FEET TO THE
POINT OF TERMINATION.
'C '..i�I1 C•
GEORGE K. BERNHARTH, RCE 13737
SEABOARD ENGINEERING COMPANY
1100 S. BEVERLY DRIVE, SUITE 201
LOS ANGELES, CA 90035
FN
k\ Exp. 3-31-2011 j*
sr c(v11
�F OF CAO !��
Exhibit C - Legal Description
09 -23 BMP.doc (07/09/2010)
Sheet 2 of 3
m
BASIS OF BEARING. .
7HE BEARING N 0154'00" E ALONG COMMUNITY ROAD C p
AS SHOWN ON R.S. 3395, REC. IN 0711611954 AS 16 8 7
P °"' Rd FILE NO. 93326 WAS USED FOR THIS SURVEY
a °gym x EASEMENT LEGEND: - — - - —
p SR Fl 33' WOE ROAD EASEMENT AS SHOWN ON RS 3395, y /LL�gRYPLAC
E Wmo' REC. IN FILE N0. 93326, DA7ED 0711611954, O.R.
❑2 EASEMENT FOR COUNTY HIGHWAY PER INST. NO.
° Rd 237439, REC. 1210611960, 0. R.
:INITY MAP ❑3 STREET DEDICA77ON PER DOC. N0. 2010- 0309647 1
REC. 0612112010, O.R. - - - -
IO 11 SCALE TT — — — - - - -- — — — —
i
i
I � �
"
S TRIP 2 N015 o T
4'00" pr C STR /P4
N01'54'00 "E !I 13.61' - 1_27.24' S.7T 3 151' 51'
32.85' — � — 12"
4 -
S89 0B 30 E 118.82 S89iO8'30"
12.88' N3673'30'E PT D �:;(a; 37.93'
1 26.49' STRIP 1 l S88i06'00"
=1 P .. .: 30.24'
n(; STRIP 5
C I
;'I� r5 MI >I.Ih
STRIP I— ;i� 0� ��� P7. F °j.;ia 523.52'0 E IN I
I.?FW
STRIPE
2
P
STR / 1 I r
I . I SCALEt 1' =60'
I ' ( PT A PT. ! I STRIP V
�77w 58" 91 1'
18.41 ' 63 00
I 'I PT H I 50150 "W 1588 09'34' PR
'26
N005130° 35.70' 23.49' �L K
40.55' :d : STR /P 1 ; .. `F �E
-- — -
P.O.B
3 od S I 1 2 ct No.
"" POWAYROAV Exp.
o N 89 08'30" W 202.89' _ --
)��- 6 2701.37' - —� - CENTER OF F OF
0 SECTION 13
11 /*
EXHIBIT 'C - BMP EASEMENT `"
13364 POWAY ROAD & 13214 COMMUNITY ROAD, POWAY, CA 92064
SCALE 1 °: 60' SEABOARD ENGINEERING CO. JOB NO. 09 -23
1100 S. BEVERLY DRIVE, STE 201
DRAWN BY M.A. LOS ANGELES, CALIFORNIA 90035 DATE 07/09/2010
TEL. (310) 277 -7337 FAX (310) 277 -7339
CHECKED BY G.K.B. SEABOARDOSEABOARDENGCO.COM SHEET 3 OF 3
09- 23sur.dwa 70
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: July 20, 2010, by Brannon Family Limited Partnership, Grantor, to the City of
Poway, Grantee, a political corporation and /or governmental agency is hereby accepted
by the undersigned officer or agent on behalf of the City Council pursuant to authority
conferred by Resolution No. 34 adopted on January 20, 1981, and the grantee consents
to recordation thereof by its duly authorized officer.
Dated:—Y--O-2— Z2 CITY OF POWAY
Seal: