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Storm Water Management Facilities Maintenance Agreement 2012-0220096RECORDING REQUESTED BY: D O C # 201 2 - 0220096 1 11111111 III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII 11111 IIII IIII APR 16, 2012 9:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnestJ Dronenburg,Jr., COUNTY RECORDER FEES 0.00 PAGES: 19 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT (13734 Twin Peaks Road, Poway, CA 92064) 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 the Roman Catholic Bishop of San Diego, a corporation sole, (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 church in accordance with applications for a Major Use Permit No. P74- 146M(2), Tentative Parcel Map No. 09 -01, Development Review No. 08 -08, Minor Conditional Use Permit No. 09 -01, and Grading Permit No. G1639 -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 ": Multiple Bioretention Planters, as shown on approved grading plans The precise location(s) and extent of the BMPs are indicated in the approved Water Quality Technical Report and on the grading plan dated February 2, 2010 on file with CITY's Development Services Department as G1639 -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 the OWNER and CITY OF POWAY c6 11 (� AND WHEN RECORDED MAIL TO. CITY CLERK CO{) CITY OF POWAY P O BOX 789 POWAY, CA 92074 D O C # 201 2 - 0220096 1 11111111 III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII 11111 IIII IIII APR 16, 2012 9:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnestJ Dronenburg,Jr., COUNTY RECORDER FEES 0.00 PAGES: 19 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT (13734 Twin Peaks Road, Poway, CA 92064) 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 the Roman Catholic Bishop of San Diego, a corporation sole, (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 church in accordance with applications for a Major Use Permit No. P74- 146M(2), Tentative Parcel Map No. 09 -01, Development Review No. 08 -08, Minor Conditional Use Permit No. 09 -01, and Grading Permit No. G1639 -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 ": Multiple Bioretention Planters, as shown on approved grading plans The precise location(s) and extent of the BMPs are indicated in the approved Water Quality Technical Report and on the grading plan dated February 2, 2010 on file with CITY's Development Services Department as G1639 -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 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. 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 ", and depicted in Exhibit "D" attached 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. 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. 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 c 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. Roman Catholic Bishop of San Diego 16]r3 Its: 4y�!= Gam_ Rodrigo Valdivia, Chancellor CITY OF POWAY: bert J. nis irector of Development Services APPROVED AS TO FORM: Office of the City Attorney or n L. oley, City ttorney Attachments: EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D March 28, 2012 Date: Date: APPROVED AS TO CONTENT: Engineering Division -Steven Crosby, P.E. City Engineer MAengsery \Clapp\Agreements\St Gabriels\Stonn water Facilities Agmt docx CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On March 28, 2012 before me, Donna L. Daly , Notary Public in and for said State, personally appeared Rodrigo Valdivia , who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /ere subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his4iergbeir authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity 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 hand and official seal. Ee &tom Signature of Notary Public DONNA L. OAIV Commission N 1901645 Notary Public - California San Diego County My Cohen. Exellres Soo 24, 2014 Notary Public Seal APN 314 - 651 -24 St. Gabriel, Poway CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 'N r� /L �i U 1 On lt. ,?IL J ZC/Z % r /L G vi before me, � fl /S 'i/ /�✓/1/ /Lpiy l - I C — Da e - Here III Name and Title'ot the Offer personally appeared PNnus sNlwN Caratlisaioa ! 1956215 Notary PI - CaYforNa � San MOP cou" coaan. 14hu Nov 9, 2015 r Place Notary Sea[ Above who proved to me on the basis of satisfactory evidence to be the person0Q whose name( is /aKsubscribed to the within instrument and acknowledged to me that he /g*/th'* executed the same in his/*/thXLauthorized capacity(liW, and that by his /f* /tl iir signature( on the instrument the persona l), 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 hanc( And official seal_-, Signature1 / 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: . Z o I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C Individual J Corporate Officer —Title(s): — 1 Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: F UMB PRINT GNER rLr Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited 11 General L Attorney in Fact C Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007Natlonal Notary Assocla➢on-9350 De Soto Ave, PO 13x2402•Chataecrv, CA 91313- 2402 -w NatlonalNotaryorg Item #5%7 Recrl Call Toll- Freel - Bib -876 -6827 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: lf Z, , 2012, by the Roman Catholic Bishop of San Diego, 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- A/ ' 1.2 CITY OF POWAY Seal: By � Li da A. Troyan, MMC itv Clerk t.. EXHIBIT "A" LEGAL DESCRIPTION (APN: 314 - 651 -24) CITY OF POWAY PARCEL MAP 09 -01, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP No. 20781, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 2010 AS FILE No. 2010- 0258480 OF OFFICIAL RECORDS. I. Bioretention planter EXHIBIT `B' Operation and Maintenance Manual Pool NATIVE SOIL AMMENDED r `10:1 SOIL TO I COMPOST OR PLANTING n U._ \\ SOIL FILTER FABRIC LAYER 180N MIRAFI OR EQUIVALENT T"PIPE 6�10� O.C. ml `'GRAVEL JACKET IMPERMEABLE GEOTE)MLE LAYER_j NT100 MIRAFI OR EQUNALENT BIORETENTION PLANTER NO SCALE The operation and maintenance needs for Bioretention are as follows: • Use of fertilizers in all landscaping area and application of pesticides outside should be limited and they should not be applied during times of likely rainfall to avoid discharge into stormwater runoff. Fertilizing of all landscaping should be avoided during the rainy season. • Inspect that irrigation system covering all on -site landscaping is adjusted correctly. For instance, sprinkler heads are pointed in the correct direct and are spraying to adequate coverage without overspray. Additionally, inspect irrigation system leaks. Finally, check that the irrigation system is providing enough water to keep the landscaping in a healthy condition without over watering. The time and subsequent amount water required for adequate irrigation of the landscaping varies depending on the season and the irrigation timer must be adjusted accordingly. (inspect weekly) • If turf grass used in any landscaping areas, periodic mowing is necessary. Grass clippings and any other pruned vegetation must be disposed of properly in accordance with all applicable regulations. Clipping and pruned material must not be discharged into stormwater runoff. Please use composting of clipping whenever possible (weekly depending on growth) • Regular inspection for healthy growth, signs of erosion and adequate drainage (monthly and after each storm event) • Periodically inspect the site signs of erosion and sediment discharge. Correct problems immediately (monthly or after each storm event) • Inspect parking areas, trash storage areas and all other outside areas of the site for trash, debris and other pollutant. Remove all pollutants and dispose of properly according to type and applicable regulations. (Daily) • Periodic elinunation of gopher and other rodents bnlrow$ which may cause loosening of the soil and eiosion of sediments (monthly) • Inspection for the need of removal and replanting of dead or unhealthy plants to fill all bare areas (every three months) • Add more mulch as it breaks down to maintain at least 3" of depth (every six months) Periodically inspect riprap to insure rocks are still in place. If any have been moved, replace rock within the energy dissipator to insure it is properly working. (every six months) Check for any blockage of overflow outlet. Remove all debris periodically. (after each storm event) II. Bioretention Area The operation and maintenance needs for the bioretention areas are as follows: • If turf grass is to be used, periodic mowing of the bioretention area is necessary. The grass must be cut using the highest grass length setting to ensure the bioretention areas filter the runoff it receives effectively. Grass clippings and any other pruned vegetation must be disposed of properly in accordance with all applicable regulations. Clipping must not be discharged into stormwater runoff. Please use composting of clipping whenever possible (weekly depending on growth) • Regular (monthly or after each storm event) inspection for healthy growth and adequate drainage • Reseeding of bare areas (monthly) • Removal of trash and debris (monthly or after each storm event) • Elimination of gopher and other rodents burrows which may cause loosening of the soil and erosion of sediments (monthly) Material Disposal Owners are responsible for complying with all federal, state, and local regulations when disposing of material collected from the storm water quality Unit and underground detention pipe system. Water and sediment from cleanout procedures should not be dumped into sanitary sewer. Hazardous Wastes Suspected Hazardous wastes will be analyzed to determine disposal options. Hazardous materials generated on site will be handled and disposed of according to local, state, and federal regulations. A DROUGHT-TOLERANT .- PERMEABLE MU LCH. UL 3�N .• FILTER FABRIC .. MAX LAS 0.5' FILL SLOPE .. MM DED 1 1 SOIL TO NATIVE SOIL GRAVEL iii /,L PERFORATED HOPE PIPE BIORETENTfON I NO SCALE The operation and maintenance needs for the bioretention areas are as follows: • If turf grass is to be used, periodic mowing of the bioretention area is necessary. The grass must be cut using the highest grass length setting to ensure the bioretention areas filter the runoff it receives effectively. Grass clippings and any other pruned vegetation must be disposed of properly in accordance with all applicable regulations. Clipping must not be discharged into stormwater runoff. Please use composting of clipping whenever possible (weekly depending on growth) • Regular (monthly or after each storm event) inspection for healthy growth and adequate drainage • Reseeding of bare areas (monthly) • Removal of trash and debris (monthly or after each storm event) • Elimination of gopher and other rodents burrows which may cause loosening of the soil and erosion of sediments (monthly) Material Disposal Owners are responsible for complying with all federal, state, and local regulations when disposing of material collected from the storm water quality Unit and underground detention pipe system. Water and sediment from cleanout procedures should not be dumped into sanitary sewer. Hazardous Wastes Suspected Hazardous wastes will be analyzed to determine disposal options. Hazardous materials generated on site will be handled and disposed of according to local, state, and federal regulations. A solid or liquid waste is considered a hazardous waste if it exceeds the criteria listed in the California Code of Federal Regulations, Title 22, Article 11 (State of California, 1985). Records Retention A log on all inspection and maintenance activities shall be kept for a minimum of 5 years and shall be made available to the City of Poway upon request. III Operation and Maintenance Activities Responsible Pary Owner shall be the responsible party for operation and maintenance activities in perpetuity and extending into future owners of subject property. EXHIBIT C BMP MAINTENANCE ACCESS EASEMENT ALL THOSE PORTIONS OF CITY OF POWAY PARCEL MAP 09 -01, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 20781, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 2010 AS FILE NO. 2010- 0258480 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID PARCEL MAP NO. 20781; THENCE ALONG THE SOUTH LINE OF SAID PARCEL MAP NO. 20781 NORTH 89-19'22" WEST, 60.03 FEET TO A POINT ON THE WEST SIDE LINE OF THAT EASEMENT DEDICATED TO THE COUNTY OF SAN DIEGO FOR HIGHWAY PURPOSES ACCORDING TO INSTRUMENT NO. 77- 131674 RECORDED APRIL 11, 1977; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST SIDE LINE OF SAID COUNTY OF SAN DIEGO HIGHWAY EASEMENT; NORTH 01 °01'52" WEST, 328.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST SIDE LINE NORTH 90 °00'00" WEST, 21.61 FEET TO THE BEGINNING OF A NON - TANGENT 48.17 FOOT RADIUS CURVE, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 05 °30'42" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY AND THEN NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 98 °48' 16 ", A DISTANCE OF 83.07 FEET; THENCE LEAVING SAID CURVE NORTH 22 °37'48" EAST, 28.83 FEET TO A POINT HEREIN DESCRIBED AS POINT `A'; THENCE CONTINUING NORTH 22 °37'48" EAST, 45.09 FEET; THENCE NORTH 88 °58'08" EAST, 32.90 FEET TO A POINT ON THE WEST SIDE OF SAID COUNTY OF SAN DIEGO HIGHWAY EASEMENT; THENCE ALONG SAID WEST SIDE LINE SOUTH 01 °01'52" EAST, 128.69 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID PARCEL MAP NO. 20781; THENCE ALONG THE WEST LINE OF SAID PARCEL MAP NO. 20781, NORTH 00-40'18" EAST, 86.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE, NORTH 00 °40'18" EAST, 119.65 FEET; THENCE LEAVING SAID WEST LINE SOUTH 89° 19'04" EAST, 63.36 FEET; THEN SOUTH 23 °07' 18" EAST, 41.24 FEET; THENCE SOUTH 03 °52'11" WEST, 35.13 FEET; THENCE SOUTH 30 °35'44" WEST, 54.04 FEET; THENCE NORTH 89'18'58" WEST, 51.08 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C A 15 FOOT WIDE STRIP OF LAND IN SAID PARCEL MAP NO. 20781, THE CENTER LINE OF SAID 15 FOOT WIDE STRIP IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT 'A' DESCRIBED IN PARCEL A; THENCE NORTH 67 °22' 12" WEST, 21.81 FEET; THENCE NORTH 86° 10'09" WEST, 61.41 FEET; THENCE NORTH 39 °45'44" WEST, 61.32 FEET TO A POINT HEREIN DESCRIBED AS POINT 'C'; THENCE CONTINUING NORTH 39 °45'44" WEST, 62.25 FEET; THENCE NORTH 75 °03'09" WEST, 89.82 FEET; THENCE NORTH 63 °59'24" WEST, 104.47 FEET TO THE BEGINNING OF A NON - TANGENT 101.25 FOOT RADIUS CURVE, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 28 °30'32" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 26 °38'37 ", A DISTANCE OF 47.08 FEET; THENCE LEAVING SAID CURVE NORTH 26 °20'14" WEST, 106.95 FEET; THENCE NORTH 65 °51'14" EAST, 72.25 FEET TO THE BEGINNING OF A NON - TANGENT 33.92 FOOT RADIUS CURVE, THE RADIAL LINE TO SAID BEGNNING OF CURVE BEARS SOUTH 22 °30'15" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 57 °40'31 ", A DISTANCE OF 34.14 FEET; THENCE LEAVING SAID CURVE NORTH 03 °16'28" WEST, 86.13 FEET TO THE BEGINNING OF A NON - TANGENT 149.74 FOOT RADIUS CURVE, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 86 °46'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 53 °20'58 ", A DISTANCE OF 139.42 FEET TO THE BEGINNING OF A NON - TANGENT 333.59 FEET RADIUS CURVE, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 29 °59' 16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 23 °16'23 ", A DISTANCE OF 135.50 FEET TO THE BEGINNING OF A NON - TANGENT 339.36 FEET RADIUS CURVE, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 50 °25'05" WEST FROM THE CENTER OF SAID CURVE; THENCE ALONG SAID CURVE THROUGH AN ANGLE OF 17 °08'53 ", A DISTANCE OF 101.57 FEET; THENCE LEAVING SAID CURVE SOUTH 68 °49'57" WEST, 22.47 FEET TO A POINT HEREIN DESCRIBED AS POINT 'D'; THENCE CONTINUING SOUTH 68 °49'57" WEST, 6.48 FEET. THE SIDE LINES OF SAID 15 FOOT STRIP ARE TO BE SHORTENED SO AS TO TERMINATE EASTERLY ON THE WEST LINE OF PARCEL A. ' : C �� A 15 FOOT WIDE STRIP OF LAND IN SAID PARCEL MAP NO. 20781, THE CENTER LINE OF SAID 15 FOOT WIDE STRIP IS DESCRIBED AS FOLLOWS: BEGINNING A POINT 'C' DESCRIBED IN PARCEL C; THENCE PARALLEL TO AND 7.50 FEET NORTH, MEARSURING AT RIGHT ANGLES, THE WESTERLY SOUTH LINE OF SAID MAP NO. 20781, NORTH 89 °18'38" WEST, 437.81 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 00 °32'57" EAST, 84.93 FEET; THENCE NORTH 54 °47'26" WEST, 11.99 FEET TO THE SOUTHEAST LINE OF PARCEL B. THE SIDE LINES OF SAID 15 FOOT STRIP ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY ON THE SOUTHEAST LINE OF PARCEL B AND EASTERLY ON THE SOUTHWEST LINE OF PARCEL C. PARCEL E AN 8 FOOT WIDE STRIP OF LAND IN SAID PARCEL MAP NO. 20781, THE CENTER LINE OF SAID 8 FOOT WIDE STRIP IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT `D' DESCRIBED IN PARCEL C; THENCE NORTH 21 °04'05" WEST, 39.84 FEET TO THE BEGINNING OF A TANGENT 20.00 FEET RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 12 °09'56 ", A DISTANCE OF 4.25 FEET; THENCE TANGENT TO SAID CURVE NORTH 08 °54'09" WEST, 47.35 FEET TO THE BEGINNING OF A TANGENT 20.00 FEET RADIUS CURVE CONCOVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 10° 16'34 ", A DISTANCE OF 3.59 FEET; THENCE TANGENT TO SAID CURVE NORTH 01 *22'26" EAST, 28.59 FEET. THE SIDE LINES OF SAID 8 FOOT STRIP ARE TO BE SHORTENED SO AS TO TERMINATE SOUTHERLY ON THE NORTH LINE OF PARCEL C. 1 O -1l-V PREPARED AY WILLIAM YEN, RCE 33730 hY� 3'37730' i[1 0 0 n w _0 0 w 0 0 z EXHIBIT U BMP MAINTENANCE ACCESS EASEMENT 18'56"W 491.82' APIN 3-W-65-1-2-1 �1PN S -1 ^. -6 PM 20781 PARCEL B SEE SHEET 3 I �+ 3- AP 1121-11 PARCEL E PARCEL C Lo SEE SHEET 5 L2 SEE SHEET 4 wC 20.01' L3 0 I �Fr1 .- 0 n oL� ui L5 w) 86.39' MI o r \P1�1 31 ^ z 1 � M S�1�la Q fQ Z a a, i[1 0 0 n w _0 0 w 0 0 z EXHIBIT U BMP MAINTENANCE ACCESS EASEMENT 18'56"W 491.82' APIN 3-W-65-1-2-1 �1PN S -1 ^. -6 PM 20781 PARCEL B SEE SHEET 3 I �+ 3- AP 1121-11 L1 PARCEL C Lo 3 L2 SEE SHEET 4 wC 20.01' L3 M I �Fr1 .- L4 n oL� 60.03' L5 o z 86.39' G � 1 r \P1�1 31 ^ z S�1�la Q L1 -I AP1�J 314�8�1��4 \ N89'18'38"W 499.98' P.O.C. PARCEL D PARCEL B 1r17m1 LINE DATA L1 N89'18'49'W 216.11' L2 N88'55'54 "W 20.01' L3 N01'01'52 "W 328.53' L4 N89'19'22 "W 60.03' L5 NOO'40'18 "E 86.39' PARCEL A SEE SHEET 2 m O 1 n 31 � � l v o i z c ip co SEE SHEET 3 Z ` -1-2 V M — 0 Q APN 314-651--fl W I DD 11 so' C0 1 cI I� n � J °o P.O.C. o �1 z PARCEL A zz PEAKS ROAD - -� L4 Now '19'22 "W 251.25' zz I F-71 OD #1 EASEMENT TO COUNTY OF SAN DIEGO FOR PUBLIC HIGHWAY PER INST 77- 131674 RECD 4/11/1977 SHEET 1 OF 5 0 0 J U !n Eff mss' �Zz u NO 33730 �^ K EXP. 6 -30 -2012 n sr ClV \�- gP of CA tt / W0823 EXHIBIT'D' BMP MAINTENANCE ACCESS EASEMENT PARCELA a i J Q N PARCEL C �4 SEE SHEET 4 liV I POINT 'A' I h �1 l.Ji PINA 207831 APP 3- 14-661J24 L6 PARCELA f R= 48.17' DLT =98' 48' 16" L= 83.07' V r z o_ 0 Ui N N co u] W z Q J z m SHEET 2 OF 5 lc) 1 i E1 60' 1 L3 — �T.P.O.B. v o Io� n o ui N DD #1 EASEMENT TO COUNTY OF SAN DIEGO m � FOR PUBLIC HIGHWAY PER INST 77- 131674 RECD 4/11/1977 LINE DATA _______ _______ w N033730 L3 N90'00'00 "W 21.61' EXP. 6 -30 -2012 L4 N22'37'48 "E 28.83' sr C; V) L5 N22'37'48 "E 45.09 9OF CA�FO� L6 N88.58'08 "E 32.90' x 03 m ;c m I O A !I} C) 1 11 C) 1 �l l I I W0823 SHEET 3 OF 5 EXHIBIT'D' BMP MAINTENANCE ACCESS EASEMENT PARCELS B AND D / J / U a! SCALE: 1"=60' U LLJ Z m U O C) U� ddQQ. LINE DATA v N L7 N00'32'57 "E 84.93' / / a (A Li LS N30'35'44 "E 14,80' 51.08' L9 N89'78'58 "W L10 N00'40'1 8 "E 119.65' L11 N89'1 9'04"W 63.36' — L12 N23'07'18 "W 41.24' a0 L13 NO3'52'11 "E 35.13' \f n L14 N30'35'44 "E 39.24' CO L15 N00'40'18 "E LN 86.39' \ 1 L16 N54'47'26 "W 11.99' {� C7 � I 01 1 M Q QaOF ES S /ON LU \PMC 9t U yFZ�� Q Z Q O NO 33730 �^ l K EXP. 6-30 -2012 A sr4r CIVIL �,.P � e °E Cn+.�°� Q 7.50' ^�`l'u 7.50' 15.00' L14 L16 a \2 L13 (/ I L7 - L8 J � P.O.0 FOR /PARCEL 8 L10 L15 >%\PIN T.P.O.B PARCEL B} W0823 EXHIBIT V BMP MAINTENANCE ACCESS EASEMENT I PARCEL E PARCEL C I SEE SHEET 5 Ri C5 o L11 �gpry�/ N53'15'39 "E(R) POINT 'D' C4 ,<v/ / �^°/ ,V/ PM 20731 / C3 / / N86'46'21 "E(R) 11 N80_10 46"{y(R) N22'30'15"W(R) _ PARCEL C I SEE SHEET 3 I I-- c NO 33730 EXP. 6-30 -2012 c m\- 15' -7.5000 - 7.5000 APN 314 - 661 -24 SHEET 4 OF 5 APN 314 - 661 -12 IAPN 314- 661 -13 APN 314- 661-14 APN -314- CURVE -DATA - - C2 Cl R= 101.25' DLT= 26'38'37" L= 47.08' C2 R= 33.92' DLT = 57'40'31" L= 34.14' C3 R= 149.74' DLT = 53'20'58" L =139.42' pg / C4 R= 333.59' DLT= 23'16'23" L= 135.50' C5 R= 339.36' DLT = 17'08'53" L= 101.57' / N28'30'32 "E(R) / PARCEL C i Cl I PARCEL D II SEE SHEET 3 LINE DATA ----------------- L1 N67'22'1 2"W 21.81' L2 N86'10'09 "W 61.41' L3 N39'45'44W 6132' L4 N39'45'44"W 62.25' L5 N75'03'09"W 89.82' L6 N6359'24"W 104.47' L7 N26'20'14W 106.95' L8 N65'51'14 "E 72.25' LINE DATA CONTINUED L9 NO3'16'28 "W 86.13' L10 N68'49'57 "E 22.47' L71 N68'49'57 "E 6.48' POINT 'C' POINT 'A'- /� PARCEL A - ISEE SHEET 2 W0823 SHEET 5 OF 5 EXHIBIT'D' BMP MAINTENANCE ACCESS EASEMENT PARCEL E 0 w a U N ,M AP1N 3-14-6-5-1-03 LINE DATA ---------------- L1 N21'04'05 "W 39.84' L2 N08'54'09 "W 47.35' L3 N01'22'26 "E 28.59' r\Pi\l 314- 661 -21 CURVE DATA ------------------------ C1: R= 20.00' DLT= 12'09'56" L =4.25' C2: R= 20.00' DLT= 10'16'34" L =3.59' PM 20781 N88- 37'34 "W (!? N81.05 51_- Yll PARCEL E 8 °0- 4.00 APl\l 3-14-66-1-241 2% tS81'05`51 „E�R� Cl PARCEL C SEE SHEET 4 PROFESSION M C y <�� Y� �2 z NO 33730 m \ EXP. 6 -30 -20-20 12 z �\ ClVII- 9Tf OF CALIFOp POINT 'D' 7 \ 2� P.O.B. OF C. L. PARCEL E \ \ W0823