Storm Water Management Facilities Maintenance Agreement 2011-0247492D O C ## 2011 - 0247492
RECORDING REQUESTED BY: MAY 1 2011 12:53 PM
OFFICIAL RECORDS
CITY OF POWAY SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
AND WHEN RECORDED MAIL TO: �� FEES: 0.00 WAYS: 2
OC: NA
PAGES: 14
CITY CLERK
CITY B POW 9 Y A I INIIII�IIUINl 11181�NIIIIIINIIIIIIIIIIII Hill III I II III 1111111
POWAY, CA 92074
(THIS SPACE FOR RECORDER'S USE)
APN: 278 - 301 -10
NO DOCUMENT TRANSFER TAX DUE
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
(G1641-09)
The undersigned grantor(s) declares:
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 Stephen W. Spooner and Valerie R. Spooner (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 single- family
residence in accordance with applications for Grading Permit No. G1641 -09, 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 "BMPs ":
Vegetated swales at three discharge locations as shown on the approved plans. The locations
are south of the driveway, north of the structure and at the southeast of the private road.
The precise location(s) and extent of the BMPs are indicated on the Grading Plans dated
February 23, 2010, on file with CITY's Development Services Department as G1641 -09.
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
1 1-06-7
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
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:
1. Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and
its successors in interest, to all or any portion of the PROPERTY, to comply in all
respects with the requirements of the SUSMP Ordinance with regards to the
maintenance of BMPs, and in particular agrees to perform, at its sole cost, expense and
liability, the following "MAINTENANCE 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.
2. 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 Chapter 8.72 of the
Poway Municipal Code.
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 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. CITY hereby designates the City Engineer as
the officer charged with responsibility and authority to administer this Agreement on
behalf of CITY. Any notice or communication to CITY related to the implementation
of this Agreement shall be addressed to:
City Engineer
City of Poway
13325 Civic Center Drive
Poway, CA 92064
The City Engineer is also granted authority to enter into appropriate amendments to this
Agreement on behalf of CITY, provided that the amendment is consistent with the
purposes of this Agreement as set forth above.
6. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors
in interest shall defend and indemnify CITY and the employees and agents of CITY
(collectively "CITY PARTIES "), against any and all claims, demands, liability, judgments,
awards, fines, mechanic's liens or other liens, labor disputes, losses, damages,
expenses, charges or costs of any kind or 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.
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
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
4
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.
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 WHEj�EOF, the parties have executed this Agreement on the dates set forth
hereinafter. '/ n
N rr1Yki14;�
CITY OF POWAY
I
001W
Valerie R. Spooner
Date: 4 - 11
Date: -:>' 1 -1 -- I I
1 4 �ec— Z-/- J /- Date: / / 1
obert J. M nis
irector of Development erv" s
APPROVED AS TO FORM:
Office of the City Attorney
f"–Mor oley, City Attorney
Attachments: EXHIBIT A
EXHIBIT B
M:\engsery \Clapp\Agreements \Spooner Storm Water Agmt.docx
APPROVED AS TO CONTENT:
Engineering Division
A4e
Steven Crosby, P.E.
City Engineer
5
CALIF ORNIA • ACKNOWLEDG
State of California
County of
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PHYLLIS SHINN
Comminion # 1778898
• Notary Public - California
San Diego County
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who proved to me on the basis of satisfactory evidence to
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within instrument and acknowledged to me that
��hey executed the same in 0 /their authorized
capacity(ies), and that by 0 r/their signature(s) on the
instrument the person(s), or the entry upon behalf of
which the person(s) 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 ha nd official seal.
Place Notary Seal Above Signatur 44 Signature of Notary Public
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
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Document Date: V 16 +QG i* 1 Z 0 l f Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
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❑ Attorney in Fact
❑ Trustee
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Signer Is Representing:
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5 0 PHYLLIS SHINN
Commission # 1778898
Notary Public - California
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who proved to me on the basis of satisfactory evidence to
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within instrument and acknowledged to me that
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capacity(ik) , and that by hisRb6r/tb6i- signature(k on the
instrument the personk), or the entity upon behalf of
which the person($kacted, 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 d 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:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer — Title(s): —
Partner — ❑ Limited ❑ General
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MMTBIT "A"
page 1 • DESCRIPTION
Order No. 78042190
PARCEL 1:
THE WESTERLY 270.00 FEET (MEASURED ALONG THE SOUTHERLY LINE) OF THE SOUTHERLY
424.00 FEET OF THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF
SECTION 32, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 32; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER, SOUTH 89° 42' 57" EAST, 320.00 FEET TO THE
NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO EMIL B. ASLESON, ET UX,
RECORDED MARCH 17, 1952 IN BOOK 4405, PAGE 53 OF OFFICIAL RECORDS.; THENCE ALONG
THE EASTERLY LINE OF SAID ASLESON LAND, SOUTH 0 11' 40" EAST, 377.00 FEET;
THENCE SOU'T'H 89 42' 57" EAST, 264.33 FEET TO THE BEGINNING OF A TANGENT 200.00
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG-THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 11 16' 37 ", A DISTANCE OF 39.37 FEET TO AN
INTEREST WITH THE NORTHERLY PROLONGATION OF A PORTION OF THE BOUNDARY OF LAND
DESCRIBED IN PARCEL 2 IN DEED TO GILVERT C. MILLER, ET UZ, RECORDED FEBRUARY 4,
1957 IN BOOK 6442, PAGE 502 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 28 59' 20" A DISTANCE OF 101.19 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 49 27' 00" EAST, 69.58 FEET TO THE BEGINNING OF A TANGENT 300 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY; SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 22 16' 30 ", A DISTANCE OF 116.63 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 27 10' 30" EAST 55.83 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 12 53' 00 A DISTANCE OF 67.46 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 40 03' 30" EAST, 79.11 FEET TO THE BEGINNING OF A
TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY
AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 51 09' 50 ",
A DISTANCE OF 178.60 FEET; THENCE TANGENT TO SAID CURVE NORTH 88 46' 40" EAST,
68.97 FEET TO THE NORTHWESTERLY CORNER OF LAND AS DESCRIBED IN DEED TO LOREN
GEORGE LIPSON, A SINGLE MAN, AS HIS SOLE AND SEPARATE PROPERTY, RECORDED JULY
29, 1971 AS FILE NO. 165685; THENCE ALONG THE WESTERLY LINE OF' SAID LIPSON'S
LAND, SOUTH 00 46' 40" WEST, 545.15 FEET TO THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE ALONG THE SOUTHERLY
LINE OF SAID SECTION 32, SOUTH 89 47' 40" WEST, 544.35 FEET TO THE SOUTHWEST
CORNER OF SAID PARCEL 2 OF MILLER'S LAND; THENCE ALONG A WESTERLY LINE OF SAID
PARCEL 2 OF SAID MILLER'S LAND AND THE NORTHERLY PROLONGATION THEREOF; NORTH 00
11' 00" WEST, 963.48 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, PUBLIC UTILITY PURPOSES AND APPURTENANCES
THERETO OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH LYING
WITHIN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH,
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, THE WESTERLY
LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1 HEREINABOVE DESCRIBED; THENCE
ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 1 ABOVE
NORTH 00 11' 00" WEST, 539.48 FEET TO THE CENTERLINE OF EASTVALE ROAD AS
DEDICATED AND DECLARED A PUBLIC ROAD BY RESOLUTION NO.63 OF THE COUNTY OF SAN
Page 2 DESCRIPTION
Order No. 78042190
DIEGO, A COPY OF SAID RESOLUTION BEING RECORDED JANUARY 6, 1967 AS FILE NO.
2549. SAID EASEMENT TO BEGIN IN THE NORTHERLY LINE OF SAID PARCEL 1 ABOVE AND TO
TERMINATE NORTHERLY IN THE CENTERLINE OF SAID EASTVALE ROAD.
EXHIBIT "B"
Spooner Residence
Operation and Maintenance Plan
Site Description
This project is located on an approximately 2.6 -acre site in the City of Poway in San
Diego County. The site is situated on Eastvale Road, approximately 1.75 miles
northeast of the intersection of Poway Road and Espola Road and 1.5 miles west of
State Route 67, as shown on Thomas Brother's Map 1171 -A6. Based on existing aerial
photos of the site, the existing improvements currently disturb approximately 0.63
acres of the 2.6 -acre property. This project will disturb only an additional 0.48 acres of
the 2.6 acre property.
The site currently contains a single family residence with paved driveway access.
Trees, low -lying brush and naturally vegetated terrain cover the remaining site. The
project site is bounded on the north, south and east by low density single family
homes; on the west by Eastvale Road. The project site drains in a southeasterly
direction. Dry weather flows exiting the site potentially consist of irrigation runoff.
Proposed improvements include the remodeling of an existing single family
residence, new driveway (comprised of concrete, pavers, and gravel), landscape and
hardscape areas. Approximately 0.20 acres of Eastvale Road will also be improved
along the property frontage and will include a DG shoulder and repaving of the
existing roadway.
Within the project limit there are no 303(d) impaired receiving waters and no
Regional Board special requirements. However, the eventual receiving water bodies,
Los Penasquitos Creek and Los Penasquitos Lagoon, are impaired for phosphate /TDS
and sedimentation/ siltation, respectively. Los Penasquitos Creek lies approximately
7.6 miles downstream and Los Penasquitos Lagoon is approximately 16 miles
downstream of the site. No known contaminated or hazardous soils are within the
project area. The project consists of Hydrologic Soil Group D, which represents soils
with a high runoff potential and low infiltration rates. Poway has a mild climate
(average daily temperature of 70 degrees) with an average annual rainfall of
approximately 13.9 inches.
Drainage Areas and Stormwater Facilities
The majority of the storm runoff generated from the project will be captured and
conveyed through a network of vegetated swales and underground storm drain
pipes. Storm runoff from the northwest quadrant of the site (portion of house and
landscaped areas) will be conveyed by a pipe to a riprap apron and from there to a
bio -swale located north of the house. Storm runoff from the southwest quadrant of
the site (portion of house, landscape areas and driveway) will be conveyed by pipes
or bio- swales to the southeast corner of the property. The pipe will outlet onto a
riprap apron. Storm runoff from the northeast quadrant of the site (portion of house)
will sheet flow to the east over landscape. Storm runoff from the southeast quadrant
(portion of house) of the site will be conveyed by a pipe to a riprap apron located at
the southeast corner of the property. Runoff will travel through a bio -swale after
exiting the riprap apron and then flow over approximately 65 feet of naturally
vegetated terrain before entering the drainage tributary to Rattlesnake Canyon Creek.
The majority of storm runoff generated from the proposed Eastvale Road widening
will flow southerly to an AC spillway which then directs flows to a proposed riprap
apron. Flows will then travel southerly through a proposed bio - swale before exiting
back on to Eastvale Road. Rattlesnake Canyon Creek is located approximately 0.11
miles downstream of the site.
Maintenance Schedule
The maintenance objectives of vegetated swale systems include keeping up the
hydraulic and removal efficiency of the channel and maintaining dense, healthy grass
cover. Maintenance of the buffer strips require mainly vegetation management. The
following maintenance steps will be performed for both the bio - swales and the buffer
strips:
• The bio - swales and buffer strips will be inspected a minimum of twice
annually for erosion, damage to vegetation, and sediment and debris
accumulation.
• The bio- swales and buffer strips will be inspected after periods of heavy runoff
for debris and litter, and areas of sediment accumulation.
• The bio - swales will be mowed (as needed) to a minimum 6 -inch grass height
and to maintain hydraulic capacity. The buffer strips will be mowed a
minimum of once a year, or more, if necessary to suppress weeds and woody
vegetation.
• The bio - swales and buffer strips will be inspected for standing water as part of
the regular ongoing homeowner landscape maintenance. Standing water will
be drained to avoid mosquito breeding.
Responsibility for Maintenance
The property owner, Steve Spooner, will be responsible to ensure the Bio- Swales and
Vegetated Buffer Strips are maintained as outlined in this plan. Maintenance
responsibility will "transfer with the land" if ownership changes.
Property owner contact information:
Steve Spooner
P.O. Box 85728
San Diego, CA 92186
email: ssno� ongr@spoonerwoodworks com
Phone: (619) 719 -7771
Inspection /Maintenance Log_
Steve Spooner will be responsible for preparing maintenance/ inspection logs. All
maintenance/ inspection records will be retained for 5 years and shall be made
available to the City of Poway upon request An Inspection Log is included with '#his
plan.
Funding
The property owner is responsible for the funding necessary to maintain the Bio-
Swales and Buffer Strips.
Training
Maintenance of the Bio -Sales and Buffer Strips can be implemented as part of the
regular Spooner Residence landscape maintenance activities. Any contracted
landscapers will be given maintenance/ inspection instructions for the bio -swale and
buffer strips.
PRIVATE TREATMENT CONTROL BMP
OPERATION AND MAINTENANCE VERIFICATION FORM
1310- SWALES AND BUFFER STRIPS
Permit No.:
BMP Location: Spooner Residence 15085 Eastvale Road Poway, CA 92064
Responsible Party: Steve Spooner
Phone Number: ( 619) 719 -7771
Responsible Party Address P.O. Box 85728 San Diego CA 92186
Number Street Name & Suffix Citylzip
Note: Perform full Inspection of Bio- Swales and Buffer Strips twice annually.
Location on l Date of I I Date Maintenance Completed and I Bio -Swale
Property Inspection Results of Inspection Description of Maintenance C onducted Grass Heial
Bio -Swale and Buffer Strip Inspection and Maintenance Steps
• Inspect for erosion, damage to vegetation, and sediment and debris accumulation.
• Inspect and remove litter, debris and sediment accumulation after heavy runoff
• Mow bio- swales to a minimum of 6-inch grass height
• Inspect for standing water to avoid mosquito breeding.
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated:
March 17, 2011, by Stephen W. and Valerie R. Spooner, Grantors, 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:
!- f/ !/ CITY OF POWAY
Seal:
By:
Linda A. Troyan,
City Clerk
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