Storm Water Management Facilities Maintenance Agreement 2011-0603042DOC ## 2011- 0603042
RECORDING REQUESTED BY:
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.-,,��ff�� NOV 10, 2011 11:25 AM
RECORDS
CITY OF POWAY 0 SAN DIEGO CO OFFIC
TY RECORDER'S OFFICE
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AND WHEN RECORDED MAIL TO: � Ernest J. Dronenburg, Jr.. COUNTY RECORDER
FEES: 0.00 WAYS: 2
CITY OC: NA
CITY OF POWAY PAC' ES: 1
P O BOX 789 I IIIIIIIII IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII IIIII IIIII IIIII IIIII IIIII IIIIIIII
POWAY, CA 92074
(THIS SPACE FOR RECORDER'S USE)
APN: 314 - 710-40
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
(MDRA11 -009)
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 Regency Centers, L.P. (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 an existing commercial building on the PROPERTY be
expanded in accordance with applications for Minor Development Review No. MDRA11 -009,
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 ":
Flow- through planter located near the southwest corner of the project site as shown on the
approved Water Quality Technical report.
The precise location(s) and extent of the BMPs are indicated on the Water Quality Technical
Report, Target Poway dated September 30, 2011, on file with CITY's Development Services
Department. 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
12 M
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
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:
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. If OWNER fails to perform any
MAINTENANCE ACTIVITIES and CITY has demanded that OWNER perform the same
and OWNER has failed to do so within a reasonable time after OWNER'S receipt of
CITY'S demand, 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 non- exclusive,
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. The foregoing easement shall cease at such time as the City determines
that the BMP is no longer required to be maintained on the Property.
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 "), arising either directly or indirectly
from OWNER'S performance or failure to perform the MAINTENANCE ACTIVITIES,
including 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 7 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
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 WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter.
OWNER: Regency Centers, L.P.
a Delaware limited partnership
By: Regency Centers Corporation
a Florida corporation
Its: General Partner
21 Dat
e:
Gregg R. Sadowsky
Senior Vice President — Sen' Market Officer
CITY OF POWAY:
Date: 1 0 2 , J f
ert J. Mani
Director of Development Uices
5
APPROVED AS TO FORM:
Office of the City Attorney
" 1"4.
Morg j Oy,14y Att rney
Attachments: EXHIBIT A
EXHIBIT B
EXHIBIT C
M: \engserv\Clapp\Agreements \Target Storm Water Facilities Agmt.docx
APPROVED AS TO CONTENT:
Engineering Division
a4e
Steven Crosby, P.E.
City Engineer
N
ACKNOWLEDGMENT OF OWNER
State of California )
)ss.
County of San Diego )
On October 4, 2011 before me, Raeleine K. Nabors, Notary Public personally
appeared Gregg R. Sadowsky , who proved to me on the basis of
satisfactory evidence to be the personal whose name(s) is /afe subscribed to the within
instrument and acknowledged to me that he /shefthrey executed the same in hisAier><theif
authorized capacity(iea), and that by his /heMheir signature($) on the instrument the
persono), or the entity upon behalf of which the persons) 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.
Signature (Seal)
RAELEINE K. NABORS
Commission 1 1021127
Le Notary Public • California
San Diego County
Comm. Er Tres Nov 1 201
Page 3 of 6
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of /) /Eta 0
On D � before me, � yG G/ S B L/
Date \ Here Insert Narfle and Title of the Ott' er
personally appeared F
PHYIIIS SHINN
COMMI35lon # 1778898
. y Notary Public - California
= San Diego County
Corr m Nw 9, 2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person( whose name(, is/a);i to the
within instrument and acknowledged to me that
he /s*/th *executed the same in his/Pteff /t* authorized
capacity(, and that by hisnLth signature(X on the
instrument the person, or the entity upon behalf of
which the personw 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.
Signature
Signature 1 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 Docume
Title or Type of Docu
Document Date:
/f11
- Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RtGHTTHUMBPRINIT
OF SIGNER
Top of thumb here
Number of Pages: L
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
02007 National Notary Association - 9 350 Do Soto Ave., P.O. Box 2402 • Chatsworth, CA 81313.2402 - www.NationalNotaryorg Item 115907 Reorder. Call To00.Free 1- 80P876�W7
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as
follows:
PARCEL A:
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15808, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPTEMBER 21, 1989, DESIGNATED AS PARCEL 2 OF CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 27, 1994, AS INSTRUMENT NO. 94- 572991 OF OFFICIAL
RECORDS.
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 4 OF SAID PARCEL MAP NO. 15808
BEING A POINT ON THE EASTERLY RIGHT OF WAY LINE OF POMERADO ROAD AS SHOWN ON
SAID PARCEL MAP NO. 15808; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01 1 05'35"
EAST, 37.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
01 °05'35" EAST, 168.93 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 398.00 FEET THROUGH WHICH A RADIAL LINE BEARS
SOUTH 01 0 05'35" WEST; THENCE LEAVING SAID RIGHT OF WAY LINE ALONG THE BOUNDARY
OF PARCEL 5 OF SAID PARCEL MAP, EASTERLY 157.00 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 22 0 36'03" TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 310.00 FEET THROUGH WHICH POINT A RADIAL LINE BEARS
SOUTH 66 0 21'07" WEST; THENCE NORTHERLY 133.86 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 24 0 44'28 "; THENCE NORTH 01 0 05'35" EAST, 43.95 FEET; THENCE NORTH
88 0 54'25" WEST, 124.50 FEET TO A POINT IN SAID EASTERLY RIGHT OF WAY LINE OF
POMERADO ROAD; THENCE LEAVING THE BOUNDARY OF SAID LOT 5 ALONG SAID EASTERLY
RIGHT OF WAY LINE NORTH 01 0 05'35" EAST 235.51 FEET; THENCE LEAVING SAID EASTERLY
RIGHT OF WAY LINE ALONG THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 1, SOUTH
88 0 54'25" EAST, 220.44 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 130.00 FEET THROUGH WHICH A RADIAL LINE BEARS NORTH
86 0 28'50" WEST; THENCE SOUTHEASTERLY 103.89 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 45 0 4710 "; THENCE SOUTH 42 0 16'00" EAST 91.46 FEET; THENCE NORTH
47 0 44'00" EAST 69.43 FEET; THENCE SOUTH 42 1 16'00" EAST, 4.83 FEET; THENCE NORTH
47 °44'00" EAST, 188.91 FEET; THENCE NORTH 42 0 16'00" WEST, 5.17 FEET; THENCE NORTH
47 0 44'00" EAST, 89.05 FEET; THENCE NORTH 02 °44'00" EAST, 41.57 FEET; THENCE SOUTH
87 0 16'00" EAST, 56.00 FEET; THENCE SOUTH 02 0 44'00" WEST, 34.11TEET: THENCE SOUTH
42 °16'00" EAST, 84.99 FEET; THENCE NORTH 47 °44'00" EAST, 77.62 FEET TO THE
SOUTHWESTERLY RIGHT OF WAY LINE OF TWIN PEAKS ROAD AS SHOWN ON SAID PARCEL
MAP NO. 15808; THENCE LEAVING THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 1
ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF TWIN PEAKS ROAD, SOUTH 36 0 43'29"
EAST, 313.42 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 53 °16'31" WEST,
72.63 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
850.00 FEET; THENCE SOUTHWESTERLY 318.90 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 21 0 29'45"; THENCE NORTH 42 °16'00" WEST, 228.85 FEET; THENCE SOUTH
47 °44'00" WEST, 14.00 FEET, THENCE NORTH 42 0 16'00" WEST; 20.00 FEET; THENCE SOUTH
47 0 44'00" WEST, 16.00 FEET; THENCE NORTH 42 °16'00" WEST, 22.28 FEET; THENCE SOUTH
47 0 44'00" WEST, 328.50 FEET; THENCE SOUTH 42 0 16'00" EAST 54.20 FEET TO THE BEGINNING
OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF.1015.00 FEET; THENCE
SOUTHEASTERLY 64.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3 0 38'57"
TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 51 022'57"
EAST; THENCE LEAVING SAID CURVE SOUTH 47 0 44'00" WEST, 163.05 FEET; THENCE NORTH
01 °05'35" EAST, 94.99 FEET; THENCE NORTH 88 °54'25' WEST, 181.65 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL B:
NON - EXCLUSIVE EASEMENTS APPURTENANT TO PARCEL A ABOVE FOR THE PURPOSES STATED
IN ARTICLE III OF THAT CERTAIN DECLARATION OF RESTRICTIONS AND GRANT OF
EASEMENTS RECORDED IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTY ON MAY 27, 1987,
AS INSTRUMENT NO. 87- 290447, AS AMENDED BY AMENDMENT NO. 1 TO DECLARATION OF
RESTRICTIONS AND GRANT OF EASEMENTS RECORDED JANUARY 31, 1991, AS INSTRUMENT
NO. 91- 44753, IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTY AND AS AMENDED BY
AMENDMENT NO. 2 TO DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS
RECORDED AUGUST 30, 1994 AS INSTRUMENT NO 94- 5200078, IN THE OFFICIAL RECORDS OF
SAN DIEGO COUNTY, CALIFORNIA (`THE DECLARATION ").
PARCEL C:
A DRIVEWAY EASEMENT FOR INGRESS AND EGRESS OF MOTOR VEHICLES AND PEDESTRIANS
UPON THE TERMS OF THAT CERTAIN ACCESS EASEMENT AGREEMENT RECORDED AUGUST 29,
1989, AS INSTRUMENT NO. 89- 462807 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY,
CALIFORNIA (THE "ACCESS AGREEMENT") OVER AND ACROSS A PORTION OF LOT 234 OF
COUNTY OF SAN DIEGO TRACT 3461, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8885, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 7, 1978, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST CORNER OF PARCEL 8 OF PARCEL MAP NO. 14824 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 27,1987; THENCE
NORTH 47 0 55'05" EAST 107.26 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING
ON THE SOUTH BOUNDARY OF SAID MAP NO. 8885 AND THE SOUTH LINE OF SAID LOT 234;
THENCE NORTH 86 0 50'15" WEST ALONG SAID SOUTH BOUNDARY LINE A DISTANCE OF 49.29
FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE NORTH 47 °55'05" EAST 46.60 TO
THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
30.00 FEET; THENCE NORTHEASTERLY AND NORTHERLY 17.61 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 33 0 38'11" TO A POINT ON THE SOUTHWEST RIGHT- OF-WAY
LINE OF CAMINO DEL NORTE AS DEDICATED ON SAID MAP NO. 8885, SAID POINT BEING ON
THE ARC OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF •1437.00 FEET
THROUGH WHICH A RADIAL LINE BEARS NORTH 47 0 01'21" EAST; THENCE SOUTHEASTERLY
ALONG SAID RIGHT -OF -WAY AND ALONG SAID CURVE 45.05 FEET THROUGH A CENTRAL
ANGLE OF 1 0 4746" TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 30.00 FEET THROUGH WHICH POINT OF BEGINNING A
RADIAL LINE BEARS NORTH 8 0 26'44" WEST; THENCE LEAVING SAID RIGHT -OF -WAY
SOUTHWESTERLY 17.61 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33 0 38'11 ";
THENCE SOUTH 47 0 55'05" WEST 11.90 FEET TO A POINT IN THE SOUTH BOUNDARY OF SAID
MAP NO. 8885 AND THE TRUE POINT OF BEGINNING.
APN: 314 - 710 -40 -00
JEXHIBIT "B"
TW IN PEAKS O
140Ap
EX. BLDG
I T
PARCEL 1 1 1
RCEL 9 I
e PM 158x8
I I
I PARCEL 11 1
P l 1 f R G E T I PM 15808 l
EX. BL r i
10 -40 -00 J <
♦ I Q
BLDG 640 SF FLOW
THROUGH PLANTER � �[
PARCEL 7 Q I Lo
PM 158 >-
EX. BLDG [L
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♦
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PACIFIC LAND SERVICES
EXHIBIT °B°
SITE PLAN
" No- 5238
SCALE. 1"=150'
DAVE:
05-24-2011
2151 SALVII7 STREET, SUITE S, CCNCORD, CA 94520
525- 680 -6W FAX 925- 680 -6407
TARGET
M23 POM'ERADO ROAD s►+a:
POWAY, CA 1 Qf 4
EXHIBIT "E"
........................
".'.'.'.'.'.'. '.'.'.17.5'.'.'.'.'.'.'.'.'.'.'
TARGET 0.
.........................
JOB Na 5238
FLOW - THROUGH
PLANTER DETAIL
BUILDING
SCALE: N/A
TARGET
°A 05-24-2011
.'.'.'.'.'.' .'.'.'.'.'.'.'.'.'.'.'. ".'.'.'.
a
POWAY, CA
..................••••
1.5'X2.0'
OVERFLOW
0 .
.'.'. '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.' '
STRUCTURE
......................
17.5'X34'
FLOW THROUGH
PLANTER BOX
ADJACENT
BUILDING
,'.'.'.'.'.'.' .'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.
PROPERTY LINE
..'.'•'.'.'.' •'.'.'.'.'.'.'.'.'.'.'.'.'..'..
PLAN VIEW
549.97±
A.C.
EX. AB
SD CO
PACIFIC LAND SERVICES
2151 SALVIO STREET, SUITE S, CONCORD, CA 94520
925.680 -6406 FAX 925.680 -6407
WITTLEMENT SURVEYM LANDSCAPE AACH"EtTURE
EXHIBIT °B'
JOB Na 5238
FLOW - THROUGH
PLANTER DETAIL
SCALE: N/A
TARGET
°A 05-24-2011
14823 POMERADO ROAD
sHEET:
POWAY, CA
2 of 4
SECTION VIEW
Exhibit "B"
Flow- Through Planter Maintenance Plan for
Target Store, Poway, CA
June 1, 2011
Routine Maintenance Activities
The principal maintenance objectives are to ensure that runoff is treated in accordance with the Poway
SUSMP Ordinance as water flows unimpeded into the flow- through planter and landscaping remains
attractive in appearance. Table 1 shows the routine maintenance activities, and the frequency at which they
will be conducted.
Table 1
Routine Inspection and Maintenance Activities for Flow- Through Planter
No.
Inspection Procedure
Maintenance Task
Frequency of Task
1
Evaluate health of trees and groundcover.
Remove and replace all dead and diseased
Twice a year
vegetation. Treat vegetation using
preventative and low -toxic methods.
2
Inspect vegetation and the irrigation system.
Prune and weed to keep flow - through
Monthly
planter neat and orderly in appearance.
3
Check that mulch is at appropriate depth (3
Replenish as necessary.
Before wet season and
inches per soil specifications).
after wet season
4
Check that soil is at appropriate depth.
Fill or replace soil as necessary to maintain
Before wet season and
a minimum of 6 inches between top of
after wet season
mulch and overflow weir.
5
Inspect for accumulated sediment, litter and
Remove sediment, litter, and debris.
Before wet season and
debris from flow- through planter and dispose
Confirm that no clogging will occur and that
after wet season
of properly.
the box will drain within three to four hours.
6
Inspect flow - through planter to ensure that
Test with garden hose to confirm that the
Before wet season and
there are no clogs.
planter will drain within three to four hours.
after wet season
8
Inspect overflow structure to ensure that it
Repair or replace any damaged or
Before wet season and
will safely convey excess flows to storm
disconnected piping.
after wet season
drain.
9
Inspect flow - through planter to ensure that
Repair as necessary.
Annually
box is structurally sound (no cracks or leaks).
10
Inspect flow - through planter using the
Fill out all information necessary and
Before wet season, or
attached inspection checklist.
include comments where maintenance is
after large storm events,
needed and /or when completed.
and after removal of
accumulated debris or
material
Inspections
The attached Flow- Through Planter Inspection and Maintenance Checklist shall be used to conduct
inspections, identify needed maintenance, and record maintenance that is conducted.
Responsible Party
The property owner shall be responsible for maintenance of the stormwater treatment facility.
Records Retention
The project proponent maintenance entity shall complete and maintain O&M forms to document all
maintenance requirements. Parties responsible for the O&M plan shall retain records for at least five years.
These documents shall be made available to the City for inspection upon request at any time.
Sheet 3 of 4
Exhibit "B"
Flow- Through Planter
Inspection and Maintenance Checklist
Property Address: 14823 Pomerado Road, Poway, CA Property Owner:
Treatment Measure No.: Date of Inspection: Type of Inspection: ❑ Monthly ID Before Wet Season
❑ After heavy runoff Q After Wet Season
Inspector(s): U Annual Cl Other:
Defect
Conditions When Maintenance Is
Maintenance
Comments (Describe maintenance
Results Expected When
Needed
Needed? (Y /N)
completed and if needed maintenance was
Maintenance Is Performed
not conducted, note when it will be done)
1. Vegetation
Vegetation is dead, diseased and/or
Vegetation is healthy and attractive in
overgrown.
appearance.
2. Soil
Soil too deep or too shallow.
Soil is at proper depth (per soil
specifications) for optimum filtration
and flow.
3. Mulch
Mulch is missing or patchy in appearance.
All bare earth is covered, except
Areas of bare earth are exposed, or
mulch is kept 6 inches away from
mulch layer is less than 3 inches in depth.
trunks of trees and shrubs. Mulch is
even in appearance, at a depth of 3
inches.
4. Sediment,
When planted vegetation is sparse or bare
Sediment, trash and debris removed
Trash and Debris
or eroded patches occur in more than 10%
from flow - through planter and
Accumulation
of the Swale bottom.
disposed of properly. Planter drains
within 3-4 hours.
5. Clogs
Soil loo deep or too shallow. Sediment,
Planter drains per design
trash and debris accumulated in the flow-
specifications.
through planter. Planter does not drain
within five days after rainfall.
6. Downspouts
Flow to planter is impeded. Downspouts
Downspouts and sheet flow is
and Sheet Flow
are clogged or pipes are damaged.
conveyed efficiently to the planter.
Splash blocks and rocks in need of repair,
replacement or replenishment.
7. Overflow Pipe
Does not safely convey excess flows to
Overflow pipe conveys excess flow to
storm drain. Piping damaged or
storm drain efficiently.
disconnected.
8. Structural
Planter is cracked, leaking or falling apart.
Cracks and leaks are repaired and
Soundness
planter is structurally sound.
9. Miscellaneous
Any condition not covered above that needs
Meet the design specifications.
attention in order for the flow - through
planter to function as designed.
Sheet 4 of 4
EXHIBIT C
LEGAL DESCRIPTION
PARCEL "A"
PARCEL "A" (STORM WATER MAINTENANCE AGREEMENT AREA)
THOSE LANDS LOCATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION
OF PARCEL 1 OF PARCEL MAP NUMBER 15808, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1989,
DESIGNATED AS PARCEL 2 OF THE CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1994, AS INSTRUMENT
NUMBER 94- 572991 OF OFFICIAL RECORDS, DESCRIBED MORE PARTICULARLY AS FOLLOWS:
COMMENCING AT THE EASTERLY CORNER OF PARCEL 1, OF PARCEL MAP NUMBER 15808, ALSO BEING THE
NORTHERLY CORNER OF PARCEL 11 OF PARCEL MAP NUMBER 15808 AND BEING A POINT ALONG THE
SOUTHWESTERLY LINE OF TWIN PEAKS ROAD, AS SHOWN ON SAID PARCEL MAP NUMBER 15808;
THENCE LEAVING SAID SOUTHWESTERLY RIGHT OF WAY LINE, ALONG THE NORTHERLY LINE OF PARCEL 11 OF SAID
PARCEL MAP 15808, SOUTH 53 °16'31" WEST, 72.63 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 850.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21 "29'45 ", 318.90 FEET; TO THE
MOST EASTERLY CORNER OF PARCEL 2, OF SAID PARCEL MAP 15808, A RADIAL LINE TO SAID MOST EASTERLY
CORNER BEARS NORTH 58 °13'14" WEST,
THENCE NORTHWESTERLY LEAVING SAID NORTHERLY LINE, OF SAID PARCEL 11, ALONG THE NORTHEASTERLY LINE
OF SAID PARCEL 2 NORTH 42 "16'00" WEST, 78.38 FEET, TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE CONTINUING NORTHWESTERLY NORTH 42" 16'00" WEST, 18.00 FEET;
THENCE AT RIGHT ANGLES NORTH 47" 44'00" EAST, 35.00 FEET;
THENCE AT RIGHT ANGLES, SOUTH 42 16'00" EAST; 18.00 FEET;
THENCE AT RIGHT ANGLES, SOUTH 47 "44'00" WEST, 35.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION.
CONTAINING 630 SQUARE FEET, (0.014 ACRES) MORE OR LESS.
JOSEPH G. DERLETH
PLS 7340 EXPIRES 12/31/11
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SHEET 1 of 2
EXHIBIT "C"
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POINT OF COMMENCEMENT
-
SOUTHWESTERLY LINE OF
TWIN PEAKS ROAD PER
PARCEL MAP 15808
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LEGEND
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® = STORM WATER MAINTENANCE AGREEMENT,
3
AREA =630 S.F., (0.014 ACRES)
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( ) = RECORD, PER PARCEL MAP NUMBER 15808, IN
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THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF
n NORTHERLY LINE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY,
PARCEL 11 PER PARCEL
SEPTEMBER 21, 1989, DESIGNATED AS PARCEL 2
MAP 15808
OF CERTIFICATE OF COMPLIANCE RECORDED
r-S�36-4��3'29'E
SEPTEMBER 27, 1994, AS INSTRUMENT
RAp
NUMBER 94- 572991 OF OFFICIAL RECORDS.
- -'
PARCE J
PiM 15
N47'44'00 "E
35.00'
(a= 21 '29' 45"
S42'1 6'00"E R= 850.00'
18.00' L= 318.90')
S47'44'00 "W
35.00'
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(N42 �NSa
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V 78.38 PA 1 1
TRUE POINT OF BEGINNING 1 m 1 5 808
N 42'16' 00 "W 1 1
18.00' h�10 %_ NO sG
PARCEL
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EXP. 12 -31 -11
PM 15
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OF CA1.\
EASEMENT PLAT JOB NO: 5238
PACIFIC LAND SERVICES I SCALE: 1._30'
2151 SALVIO STREET, SUITE S, CONCORD, CA 94520
925-680 -8406 FAX 925- 680 -6407
DATE:
TARGET 09 -07 -11
14823 POMERADO ROAD SHEET:
POWAY, CA 2 of 2
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated October 4, 2011, from Regency Centers, L.P., 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: T/11 CITY OF POWAY
Seal:
I � i
Tina M. White, Deputy City Clerk