Storm Water Management Facilities Maintenance Agreement 2012-0220095RECORDING REQUESTED BY:
CITY OF POWAY
PZ AND WHEN RECORDED MAIL TO:
04 CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
D O C ## 2012-0220095
111111111 III 1111 IIIII IIIII IIII IIIII IIIII IIIII IIIII IIIII 11111 1111 IIII
APR 16, 2012 9:33 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J_Dmnenburg,Jr. COUNTY RECORDER
FEES: 000
PAGES: 20
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Orange Gardens Apartments /12510 Oak Knoll Road
(G11 -0002)
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 Property Owner(s) Poway Family Housing Partners, L.P.,
a California limited partnership (hereinafter referred to collectively 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 "), which is a subdivision consisting of individual residential lots, in accordance with
applications for Development Review 10 -005, and Grading Permit No. G11 -0002, 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 ":
Pervious Pavement areas located in the project parking stalls,
Four Bioretention Facilities located near the new community building, and
A Vegetated swale located to the south of north parking lot, all as shown on the
approved grading plans.
The precise location(s) and extent of the BMPs are indicated within the Water Quality Technical
Report and on the approved grading plans on file with CITY's Development Services
Department as G11 -0002. 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 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 Engineer, indicates that the
BMP in use is inappropriate or inadequate to the circumstances, the BMP must
be modified or replaced with a more effective BMP to prevent future failure in the
same or similar circumstances.
Notices. OWNER further agrees that it shall, prior to transferring ownership of any land
on which any of the above BMPs are located, or any lot or portion of the PROPERTY
which is served by the above BMPs, and also prior to transferring ownership of any such
BMP, provide clear written notice of the above described maintenance obligations to the
transferee.
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
2
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 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 the City related to the implementation of
this Agreement shall be addressed to:
City Engineer
City of Poway
13325 Civic Center Drive
Poway, CA 92064
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
3
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.
Allocation of Costs. Following the sale or transfer of any of the individual residential
lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this
Agreement shall be divided equally by all lot owners, and paid by each lot owner or his
or her heirs, assigns and successors in interest. This requirement shall be binding on all
lot owners in the subdivision, and each shall be responsible for his or her equal share of
the cost associated with the maintenance.
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 Director of Development Services 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.
rd
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter.
OWNER: Poway Family Housing Partners, L.P., a California limited partnership
By:
James Silverwood
Its: JA4,3
CITY OF POWAY:
144111J'Ele
o &t J. Ma Ws
Dir ctor of Developme ervices
APPROVED AS TO FORM:
Office of the City Attorney
Morg L. oley City A torney
Attachments: EXHIBIT A
EXHIBIT B
M \engseMCIappWgreemen[s \OG SWFMA docx
Date: ";3 li'y • / ?--
Date: J' -1
APPROVED AS TO CONTENT:
Engineering Division
Steen Crosby, P.E.
City Engineer
ACKNOWLEDGMENT
State of California
County of San Die
On March 29, 2012 before me, Kelli J Elliott - Crisostomo, Notary Public
(insert name and title of the officer)
personally appeared James Silverwood
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iskxe
subscribed to the within instrument and acknowledged to me that heFsheAhey executed the same in
his heFlthe' authorized capacity(ies), and that by his.,,e "hei signatureW on the instrument the
person(s), 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
Signature
(Seal)
KeOi J. ElYott- Crieostomo [
COMM. #1920555
NOWY SM dEOO#
Ny Comm E* JAN 18, 2015
State of California 1
Countv of
1
On AIL J�L ✓/Z
Dat,
personally appeared _ f
before me, '�J# zZ J �/✓ cT Y "mot C-
Here inset Name and Title of Me OBicer
LemmPNYL- SNINN
CoKsi Won ! 1956215
�MOtSa Public - California
San Oisgo Courlry
Comm. Ea ir•• Nov 9, 2015 +
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(Kwhose name( is /a)osubscnbed to the
within instrument and acknowledged to me that
he /spb/ti'toy.executed the same in his/t OW authorized
capacity(W, and that by his /Ft}rcLth)kr signatureX on the
instrument the person(., or the entity upon behalf of
which the personA 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 hang6nd official seal.
i
Signature D �/
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 11 ,VK7& i�- 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
Corporate Officer —Title(s): _
7 Partner — I I Limited ❑ General
❑ Attorney in Fact
�] Trustee
J Guardian or Conservator
❑ Other:
Signer Is Representing:
b/
RIGHTTHUMBPRINT
OF SIGNER
0
Number of Pages: /
Signer's Name:
❑ Individual
C Corporate Officer — Title(s):
C- Partner — _ I Limited C General
C Attorney in Fact
L Trustee
L Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
02007 National Notary Aworbation• 9350 De Soto Ave, PO Box 2402 -Chats rth ,CA013132402•vmwNatiomINofryorg Item45%7 Reorder CallToll- Free1- 800 -8]6 -682]
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated:
Z 2012, Poway Family Housing Partners, 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 'P .P- CITY OF POWAY
Seal:
3 A. Troyan, MIMIC
Clerk
M
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES
FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF
BEGINNING BEARING NORTH 70 002'46" EAST 1005.15 FEET FROM THE POINT OF
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF
MISSION ROAD 1 -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON
FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING
ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER,
ET UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER
16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL
WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID
POWAY ROAD SOUTH 83 020'00" WEST, 133.69 FEET; THENCE PARALLEL WITH THE WEST
LINE OF SAID DANIELSON'S LAND, NORTH 00 °43'00" EAST TO THE SOUTH LINE OF THE
NORTH 162.65 FEET (MEASURED ALONG THE EAST AND WEST LINES) OF THE LAND
DESCRIBED IN THE DEED TO KENNETH C. SNYDER, ET UX, RECORDED JUNE 10, 1968 AS
DOCUMENT NO. 96618: THENCE EAST ALONG SAID SOUTH LINE TO THE WEST LINE OF
THE HEREINABOVE REFERRED TO DANIELSON'S LAND; THENCE ALONG SAID WEST LINE
SOUTH 00 043'00" WEST, 321.97 FEET TO THE POINT OF BEGINNING.
PARCEL2:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES
FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF
BEGINNING BEARING NORTH 70 002'46" EAST 1005.15 FEET FROM THE POINT OF
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF
MISSION ROAD I -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON
FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING
ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER,
ET UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER
16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL
WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID
POWAY ROAD SOUTH 83 020'00" WEST, 133.69 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 83 020'00" WEST, 133.68 FEET
TO THE EAST LINE OF LAND AS DESCRIBED IN PARCEL 2 OF THE DEED TO J. FRANK
ZITTELL AND CHARLOTTE G. ZITTELL, RECORDED MARCH 26, 1947, IN BOOK 2374. PAGE
80 OF OFFICIAL RECORDS; THENCE ALONG THE EAST LINE OF LAND AS DESCRIBED IN
SAID PARCEL 2, NORTH 00 °43'00" EAST TO THE SOUTHWEST CORNER OF THE NORTH
LEGAL DESCRIPTION
(continued)
162.65 FEET (MEASURED ALONG THE EAST AND WEST LINES) OF THE LAND DESCRIBED
IN DEED TO KENNETH C. SNYDER, ET US, RECORDED JUNE 10, 1968 AS DOCUMENT NO.
96618 THENCE EAST ALONG THE SOUTH LINE OF SAID NORTH 162.65 FEET TO A LINE
WHICH BEARS NORTH 00 043'00" EAST, PARALLEL WITH THE WEST LINE OF SAID
DANIELSON'S LANDS, FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 143'00"
WEST TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
AN EASEMENT FOR INGRESS AND EGRESS AND FOR ALL UTILITY PURPOSES AND
INCIDENTS THERETO OVER, UNDER ALONG AND ACROSS THE WEST 20.00 FEET OF THAT
PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES
FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF
BEGINNING BEARING NORTH 70 002'46" EAST 1005.15 FEET FROM THE POINT OF
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF
MISSION ROAD 1 -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON
FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING
ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER,
ET UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER
16, 1940 IN BOOK 1085 PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL
WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID
POWAY ROAD SOUTH 83 020'00" WEST 267.37 FEET TO THE EAST LINE OF LAND AS
DESCRIBED IN PARCEL 2 OF DEED TO J. FRANK ZITTELL AND CHARLOTTE G. ZITTELL,
RECORDED MARCH 26, 1947, IN BOOK 2374, PAGE 80 OF OFFICIAL RECORDS; THENCE
ALONG THE EAST LINE OF LAND AS DESCRIBED IN SAID PARCEL 2, NORTH 00 °43'00" EAST
TO THE SOUTH LINE OF LAND AS DESCRIBED IN PARCEL 1 OF SAID DEED TO THE
ZTTTELLS; THENCE ALONG THE SOUTH LINE OF LAND AS DESCRIBED IN SAID PARCEL 1,
EASTERLY TO THE WEST LINE OF DANIELSON'S LAND HEREINABOVE REFERRED TO;
THENCE ALONG THE WEST LINE OF SAID DANIELSON'S LAND SOUTH 00 043'00" WEST
483.72 FEET TO THE POINT OF BEGINNING.
PARCEL 4:
AN EASEMENT FOR INGRESS AND EGRESS AND FOR ALL UTILITY PURPOSES AND
INCIDENTS THERETO OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN
WIDTH LYING WITHIN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, THE WEST LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
LEGAL DESCRIPTION
(continued)
BEGINNING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES
FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF
BEGINNING BEARING NORTH 70 002'46" EAST 1005.15 FEET FROM THE POINT OF
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF
MISSION ROAD I -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON
FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING
ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER,
ET UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER
16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL
WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID
POWAY ROAD SOUTH 83 020'00" WEST 277.46 FEET; THENCE NORTH 00 °43'00" EAST, 505.00
FEET, MORE OR LESS, TO THE SOUTH LINE OF LAND DESCRIBED IN PARCEL 1 IN THE
DEED TO J. FRANK ZITTELL, ET UX, RECORDED MARCH 26, 1947, IN BOOK 2374. PAGE 80
OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 00 043'00" EAST TO THE SOUTH LINE OF THAT CERTAIN EASEMENT FOR PUBLIC
ROAD PURPOSES DESCRIBED IN THE DEED OF THE COUNTY OF SAN DIEGO RECORDED
MAY 2, 1963 AS DOCUMENT NO. 76105 OFFICIAL RECORDS.
SAID STRIP TO TERMINATE ON THE NORTH IN THE SOUTH LINE OF SAID PUBLIC ROAD
AND ON THE SOUTH IN THE SOUTH LINE OF SAID PARCEL 1 OF ZITTELL'S LAND.
EXHIBIT B
O & M Frequency and Costs for Vegetated Swales
Page 1
Responsible
Labor
Equipment
Material
Total
Pa
er
His.
Rate
Cost
Type
Dayi
Rate
Cost
Item
I Cost
Cost
Preventive Maintenance and
Routine Ins action
DESIGN
CRITERIA
ROUTINE
MAINTENANCE
FIELD
MEASUREMENT
MAINTENANCE
SITE - SPECIFIC
ACTION
INDICATOR
MEASUREMENT
FREQUENCY
ACTIVITY
REQUIREMENTS
string
trimmer,
Poway Family
Average
rake,
Housing
vegetation height
Once during wet
fork,
Partners, L.P.
exceeds 12
Visual inspection of
season, once
one -ton
bags,
(records are to
Inches, emergence
vegetation.
during dry season
Cut vegetation to
Remove any trees,
truck &
safety
be maintained
Height of
of trees, or woody
throughout
(depending on
an average height
or woody
hydro -
equipme
for a period of 5
vegetation
vegetation
stdialswale
growth).
of 6Inches
vegetation.
10
43.63
436.3
seeder
2
26.84
53.68
nt
50
539.96
ears
Visual inspection of
strip / swale.
Prepare a site
schematic to record
location and
distribution of
barren or browning
Poway Family
Less than 90
spots to be
Housing
percent coverage
restored. File the
Assess quantity
Partners, L.P.
Assess
in strip InverVswale
schematic for
needed in May
one -ton
(records are to
adequate
or less than 70
assessment of
each year late wet
Reseed /revegetate
truck &
be maintained
vegetative
percent on swale
persistent
season and late dry
barren spots by
hydro-
for a period of 5
cover
side sloe
problems.
season.
Nov.
8
43.63
349.04
seeder
1
48.15
48.15
Seed
150
547.19
1 ears
Scarify area to be
restored, to a
depth of 2- inches.
Restore side slope
one -ton
coverage with
truck &
hydroseed
hydro-
mixture.
0
43.63
0
seeder
26.84
0
0
Page 1
EXHIBIT B
O & M Frequency and Costs for Vegetated Swales
Page 2
Responsible
Labor
Equipment
Material
Total
Party
er
We.
Rate
Cost
Tye
Da
Rate
Cost
Item
Cost
Cost
Preventive Maintenance and
Routine Inspection
DESIGN
CRITERIA
ROUTINE
MAINTENANCE
FIELD
MEASUREMENT
MAINTENANCE
SITE - SPECIFIC
ACTION
INDICATOR
MEASUREMENT
FREQUENCY
ACTIVITY
REQUIREMENTS
applications (2
seasons) of
reseedingtreveget
ating and growth is
unsuccessful both
times, an erosion
blanket or
one -ton
equivalent
truck &
protection will be
hydro -
installed over
0
43.63
0
seeder
0
26.84
0
Blanket
1 01
0
away army
Housing
Partners, L.P.
Inspectfor
one -ton
(records are to
debris
During routine
truck &
be maintained
accum -
Debris or litter
trashing, per
Remove litter, and
hydra -
for a period of 5
ulation
present
Visual observation
Districts schedule.
debris.
None
0
0
0
seeder
0
0
0
0
years)
Page 2
EXHIBIT B
O & M Frequency and Costs for Vegetated Swales
Page 3
-
Responsible
Labor
Equipment
Material
Total
Party
Per
Hrs.
Rate
Cost
Type
Day
Rate
Cost
Item
Cost
Cost
Preventive Maintenance and
Routine Inspection
DESIGN
CRITERIA
ROUTINE
MAINTENANCE
FIELD
MEASUREMENT
MAINTENANCE
SITE- SPECIFIC
ACTION
INDICATOR
MEASUREMENT
FREQUENCY
ACTIVITY
REQUIREMENTS
Remove sediment.
If flow Is
channeled,
determine cause
and take corrective
action. If sediment
becomes deep
enough to change
the flow gradient,
Poway Family
Sediment at or
remove sediment
seed,
Housing
Inspect for
new vegetation
during dry season,
testing
Partners, L.P.
accumulate
height, channeling
characterize and
one -ton
and
(records are to
d sediment
of flow, inhibited
properly dispose
truck 8
disposal
be maintained
(once every
flow due to change
of sediment, and
hydro -
of
for a period of 5
three years)
in slope.
Visual observation
Annualy
revegetate.
16
43.63
698.08
seeder
1
48.15
48.15
sediment
300
1046.23
years)
Page 3
EXHIBIT B
O & M Frequency and Costs for Vegetated Swales
Page 4
Responsible
Labor
Equipment
Material
Total
Part
Per
His.
Rate
Cost
Type
Dayi
Rate
Cost
Item
Cost
Cost
Preventive Maintenance and
Routine Ins ction
DESIGN
CRITERIA
ROUTINE
MAINTENANCE
FIELD
MEASUREMENT
MAINTENANCE
SITE- SPECIFIC
ACTION
INDICATOR
MEASUREMENT
FREQUENCY
ACTIVITY
REQUIREMENTS
of y engineer to
determine if
regrading Is
necessary. If
necessary,
regrade to design
specification and
revegetate
Swale /strip. If
regrading is
necessary, the
process should
start In May.
Revegetate
strip / swale In Nov.
one -ton
Target completion
truck &
prior to wet
hydro -
season.
None
21
43.631
87.26
seeder
01
87.26
oway amily
Housing
Where burrows
Partners, L.P.
cause seepage,
(records are to
Annually and after
erosion and
be maintained
Inspect for
Burrows, holes,
vegetation
leakage, backfill
for a period of 5
burrows
mounds
Visual observation
trimming.
firmly.
0
0
0
0
26.84
0
0
years)
Page 4
EXHIBIT B
O & M Frequency and Costs for Vegetated Swales
Page 5
Responsible
Labor
E ui mant
Material
Total
Pa
Per
Hrs.
Rate
Cost
Type
jDaj
Rate
Cost
Item
Cost
Cost
Preventive Maintenance and
Routine Inspection
DESIGN
CRITERIA
ROUTINE
MAINTENANCE
FIELD
MEASUREMENT
MAINTENANCE
SITE - SPECIFIC
ACTION
INDICATOR
MEASUREMENT
FREQUENCY
ACTIVITY
REQUIREMENTS
Inlet structures,
outlet structures,
side slopes or
other features
Poway Family
damaged,
Corrective action
Housing
significant
prior to wet
Partners, L.P.
General
erosion,emergenc
season. Consult
one -ton
(records are to
Maimen -
e of trees, woody
Semi - Annually, late
engineer If an
Remove any trees,
truck &
be maintained
ance
vegetation, fence
wet season and late
immediate solution
or woody
hydro -
for a period of 5
Inspection
damage, etc. lVisual
observation
dry season,
is not evident.
vegetation.
16
43.63
698.08
seeder
2
26.84
53.68
751.76
ears)
FILTER
AND
1
SWALES
52
$ 2,268.76
$203.66
500
$2,972.42
Page 5
EXHIBIT "B"
O & M Frequency and Cost for Bioretention Cells
Page 1
Labor
Equipment
Material
Total
Responsible Part
er
Hrs.
I Rate
Cost
Tye
DaysiRatelcosti
Item
Cost
Cost
Preventive Maintenance
and Routi7ED
Inspection
DESIGN
CRITERIA
RO TINE
MAINTENANCE
MEASUREMENT
A NTENANCE
ACTION
INDICATOR
REMENT
FREQUENCY
ACTIVITY
Use small stones
to stabilize
Poway Family
Seml- Annually,
erosion along
Housing Partners,
late wet season
drainage paths,
L.P. (records are to
and late dry
repair exposed
be maintained for a
Sail Erosion
Exposed dirt
Visual observation
season.
dirt
14.43,61
610.82
Stones
87.26
698.08
period of 5 years)
Poway Family
Semi - Annually,
Housing Partners,
late wet season
L.P. (records are to
and late dry
be maintained for a
Mulch
Void Areas
Visual observation
season.
Re -mulch
14
43.6
610.82
1
1
IMulch
65
675.82
Period of 5 years)
Poway Family
Housing Partners,
L.P. (records are to
Nan -toxic
Treatment
be maintained for a
Vegetation
Disease or Pests
Visual observation
IMonthly
Treatment
121
651
780
Products
200
980
period of 5 ears
Twice a year, from
March 15th to April
30th and October
Ist to November
Remove and
Plant
Dead or dying
Visual observation
30th
Replace
16
43.6
698.08
Material
200
898.08
Water in early
Evidence of
Si- weekly during
morning as
Stress
Visual observation
times of drought
needed
Weeds
Visual observation
BI-took l
Weedin
18
43.8
785.34
0
785.34
run ng
Visual observation
emi-annua y
rune an trim
14
43.6
810.82
610.82
Page 1
EXHIBIT "B"
O & M Frequency and Cost for Bloretention Cells
Page 2
Labor
I Equipment
Material
Total
Responsible Pon
er
Hrs.
Rate
Cost
TyPe
Days
Rate
Cost
Item
Cost
Cost
Preventive Maintenance
and Routine
Inspection
DESIGN
CRITERIA
ROU I gff--
ACTION
WANTERMCE
INDICATOR
FIELD
MEASUREMENT
MEASUREMENT
FREQUENCY
MAINTENANC
ACTIVITY
Drain paths
Ponding
Visual observation
After water quality
storm (0.2 in /hr) or
greater
Clear flow path
12143.61
523.56
0
523.56
Poway Family
Housing Partners,
L.P. (records are to
be maintained for a
&ORETENTION
100
$ 4,619.44
0
$552.26
$ 5,171.70
Page 2
EXHIBIT B
O & M Frequency and Costs for Pervious Pavement
Page 1
Labor
Equipment
Material
I Total
Responsible Part
er
Hrs.
Rate
Cost
Type
Days
Rate
Cost
Item
Cost
Cost
Maintenance
DESIGN
CRITERIA
ROUTINE
ACTION
MAINTENANCE
INDICATOR
FIELD
MEASUREMENT
MEASUREMENT
FREQUENCY
MAINTENANCE
ACTIVITY
Vacuum
SWe9l31no
Sediment din
Visual observation
Twice per year
vacuum-sweep
vacuum
type
street
cleaner
2
150
3001
651
365
Poway Family
Housing Partners,
L.P. (records are to
be maintained for e
period of 5 ears)
POROUS
PAVEMENT 1
0
$ -
$ 300.00
1
$ 65.00
$ 365.00
Page 1
EXHIBIT
B
LEGEND
DEVELOPMENT FOOTPRINT = 1D4,768 SF
AC PAVING - 24,896 SF
0
..
.......
EXST BUILDINGS = 24,500 SF
�
Q
coW
_
NEW BUILDINGS = 2,251 SF
ommm
POOL = 2,097 SF
0
a
GONG WALK = 11,646 OF
'i
'�
��
LANDSCAPE = zz7• 768 S.F.
LL
o
° °°
,:;•, 2 �.:I .':'1
Q
(INCLUDING MPs)
W
•r •.
1:1
Q
IMPS
O
o°w
11
0
POROUS PAVEMENT = 11,612 SF
•'
(SELF RETAINING AREA)
.; "'+
I•
v
TREATMENT NOT FEASIBLE - 8,095 SF
®
Ll
GO
O
r
OS DMA
-7
p
t
0
p
��3