Storm Water Management Facilities Maintenance Agreement 2012-0300163RECORDING REQUESTED BY:
` CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 323 - 091 -06
DOC 1! 2012 - 0300163
111111 IN 111111111111111111111111111111111111111111111111111111111111
MAY 22, 2012 4:18 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00 WAYS: 2
OC: NA
PAGES: 17
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Parkway Summit
(TPM06 -04 / G1580 -07)
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) HCP LS Poway II, LLC, a Delaware
limited liability company (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 "), and has proposed that the PROPERTY be mass - graded, in accordance with
applications for Tentative Parcel Map 06 -04, and Grading Permit No. G1580 -07, which are on
file with the CITY. This Agreement is required as a condition of approval for such development.
WHEREAS, in accordance with the City of Poway's Standard Urban Storm Water Mitigation
Plan, Poway Municipal Code, Chapter 16, Division VI (the "SUSMP Ordinance "), the City of
Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading
Ordinance and /or other ordinances or regulations of CITY which regulate land development and
urban runoff, OWNER has proposed that storm water runoff from the PROPERTY be managed
by the use of the following Storm Water Management Facilities which are identified as "Best
Management Practices" or "BMPs ":
A permanent detention basin located at the northwest corner of the intersection of
General Atomics Way and Kirkham Way, and
Another permanent detention basin located south of Kirkham Way, east of the
intersection of General Atomics Way and Kirkham Way.
The precise location(s) and extent of the BMPs are indicated in the Storm Water Management
Plan for the Parkway Summit Development, and on the Parkway Summit Grading and Erosion
Control Plans dated July 7, 2010, on file with CITY's Development Services Department as
G1580 -07. 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.
2. 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
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 PROPERTY shown in Exhibit C, 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
determined by a court of competent jurisdiction that such claim was caused by the sole
negligence or willful misconduct of CITY PARTIES. Nothing in this Agreement, CITY's
approval of the development application or plans and specifications, or inspection of the
work is intended to acknowledge responsibility for any such matter, and CITY PARTIES
shall have absolutely no responsibility or liability therefore unless otherwise provided by
applicable law.
7. 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.
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 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. OWNER hereby waives
any right to remove any such action from San Diego County as is otherwise permitted by
California Code of Civil Procedure Section 394. 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: HCP LS Poway II, LLC, a Delaware limited liability company
By` 37'� Date: -5— // / Z
J nathan MAergschneider
Its: Executive Vice President
CITY OF POWAY:
lc4'�Iyl'zy-
llobert J. Manis
Director of Development Services
APPROVED AS TO FORM:
Office of the City Attorney
Mor n L. of , Cit Attorney
Attachments: EXHIBIT A
EXHIBIT B
EXHIBIT C
M. \engsery \Clapp\Agreements \Parkway Summit SWFMA.docx
Date: q125'11 2
APPROVED AS TO CONTENT:
Engineering Division
'Steven Crosby, P. E
City Engineer
State of California CALIFORNIA ALL - PURPOSE
County of San r ateo CERTIFICATE OF ACKNOWLEDGMENT
On M og 11 {" 2012 before me, L titunn Lit - busby , Noll public
(here insert name and title of the offs <er)
personally appeared , onathw M. btisschneidcr
who proved to me on the basis of satisfactory evidence to be the persoll whose name(A is /ape subscribed to
the within instrument and acknowledged to me that he /slat /tbery executed the same in his /fir /tbeir
authorized capacity(iii and that by his /bw /their signatull on the instrument the persoll or the entity
upon behalf of which the persoll 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.
LILIANA LIE - USBY
WITNESS my hand and official seal coMM. #1962648
Notary Public • California
Z San Mateo County
Comm. ' Dec. 4 2015
Signature
(Seal)
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MY Comm. Ealres Will 9.2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(k whose name( is /a)e subscribed to the
within instrument and acknowledged to me that
he /s )*/tr,0.y executed the same in his /* /thNr authorized
capacity(ios), and that by his /W /tt*r signature(oi on the
instrument the person(.4, 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 hand "d official seal.
Signature
F
Signature of otary Public
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EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Poway, County of 'San Diego, State of California, described as
follows:
APN: 323 - 482 -12 -00
LOT 31 OF CITY OF POWAY TRACT NO. 87 -13 UNIT 2, PARKWAY BUSINESS CENTRE, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP HEREOF NO. 13410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, APRIL 8, 1997.
APN: 323 - 091 -06:
ALL OF THE EAST HALF OF THE EAST HALF OF SECTION 19, TOWNSHIP 14 SOUTH,
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY, EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE
NORTHWESTERLY BOUNDARY OF RECORD OF SURVEY MAP NO. 6420, FILED IN THE
OFFICE OF THE COUNTY RECORDER SAN DIEGO COUNTY, JULY 8, 1964 SAID
NORTHWESTERLY BOUNDARY BEING THE NORTHWESTERLY BOUNDARY OF THE CITY
OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ALSO, EXCEPTING THEREFROM THAT PORTION THEREOF GRANTED TO THE CITY OF
POWAY, A MUNICIPAL CORPORATION, IN THAT CERTAIN "GRANT DEED" RECORDED
OCTOBER 17, 2000 AS INSTRUMENT NO. 2000 - 0557205 OF OFFICIAL RECORDS.
1 of 1
EXHIBIT "B"
O &M PLAN
Designated Responsible Party: HCP LS Poway II, LLC
c/o Project Management Advisors
462 Stevens Avenue, Suite 106
Solana Beach, CA 92075
Contact: Jeff Sobczyk
Phone: (858) 704 -1980
The designated responsible party is aware of and will perform the following maintenance
recommendations for the following treatment control BMPs associated with this project. All
costs associated with the operation and maintenance of the treatment control BMPs listed
below will be funded by HCP LS Poway II, LLC.
The following operation and maintenance plans have been developed for each type of BMP
used on this project. These are minimum requirements only and their frequency or scope
may be increased, if necessary, to meet and/or maintain the level of storm water quality
treatment required of this project. The operation and maintenance requirements are as
follows:
Permanent Storm Water Management Facilities - Detention Basins
Inspection & Maintenance Activities
Suggested Frequency
Inspect BMPs for standing water, slope stability, sediment
Twice annually
accumulation, trash and debris, and presence of burrow.
Remove accumulated trash and debris in the basin and around the inlet
As needed
and outlet structures during the semiannual inspections. The
frequency of this activity may be increased to meet site specific
conditions.
Trim vegetation at the beginning and end of the wet season and
As needed
inspect monthly to prevent establishment of woody vegetation and for
aesthetic and vector concerns
Inspect the basins for accumulated sediment volume
During routine inspection
Removed accumulated sediment and re -grade about every 10 years or
As needed
when the accumulated sediment volume exceeds 10 percent of the
basin volume.
Debris and Sediment Disposal:
Waste generated by any of the above BMPs is ultimately the responsibility of the Owner,
HCP LS Poway II, LLC. Disposal of sediment, debris, and trash will comply with applicable
local, county, state, and federal waste control programs.
Page 1 of 2
Records Retention:
Documentation of all inspection and maintenance activities shall be retained for a minimum
of five (S) years and shall be made available to the City of Poway upon request.
Hazardous Waste:
Suspected hazardous wastes should be analyzed to determine disposal options. Hazardous
wastes generated on -site will be handled and disposed of according to applicable local, state,
and federal regulations. A solid or liquid waste is considered a hazardous waste if it exceeds
the criteria listed in the CCR, Title 22, Article 11.
Expected Annual Costs:
The expected annual costs of maintaining and operating the project's permanent treatment
control BMPs are:
Permanent storm water management facilities — detention basins:
$3,132 per basin' x 2 basins = $6,264.00
References:
'Cost taken from "Extended Detention Basin TC -22" California Stormwater BMP Handbook
New Development and Redevelopment (January, 2003)
Page 2 of 2
EXHIBIT "C"
BMP EASEMENT
LEGAL DESCRIPTION
PAGE 1 OF 6
THE PARCELS DESCRIBED HEREIN ARE PORTIONS OF THE EAST ONE -HALF OF
THE EAST ONE -HALF OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL "A"
BEGINNING AT THE CENTERLINE INTERSECTION OF KIRKHAM WAY AND
DANIELSON STREET, AS SHOWN ON CITY OF POWAY TRACT NO. 98-05,
ACCORDING TO MAP THEREOF NO. 13852, FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER SEPTEMBER 17, 1999, THENCE ALONG THE
CENTERLINE OF KIRKHAM WAY, SOUTH 62 °37'35" WEST 193.04 FEET
(SOUTH 62 °37'51" WEST 192.86 FEET PER MAP 13852) TO THE INTERSECTION WITH
THE WEST BOUNDARY OF THE EAST ONE -HALF OF THE EAST ONE -HALF OF
SECTION 19; THENCE ALONG SAID WEST BOUNDARY NORTH 01'32'00" EAST 54.26
FEET (NORTH 01 °3232" EAST PER MAP 13852) TO A POINT 47.50 FEET
NORTHWESTERLY OF, MEASURED AT RIGHT ANGLES, THE CENTERLINE OF
KIRKHAM WAY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID WEST BOUNDARY, NORTH 01032'00" EAST 65.45 FEET (NORTH
01 032'32" EAST PER MAP 13852) TO AN ANGLE POINT THEREIN; THENCE
CONTINUING ALONG SAID WEST BOUNDARY, NORTH 0103233 " EAST 165.11 FEET
(NORTH 01 °32'02" EAST PER MAP 13852) TO A POINT 39.50 FEET SOUTHWESTERLY
OF, MEASURED AT RIGHT ANGLES, THE CENTERLINE OF DANIELSON STREET,
SAID POINT HEREINAFTER REFERRED TO AS POINT "A "; THENCE ALONG A LINE
39.50 FEET SOUTHWESTERLY OF AND PARALLEL TO THE CENTERLINE OF
DANIELSON STREET, SOUTH 30 °59'25" EAST 186.78 FEET (SOUTH 30059'09-'EAST
PER MAP 13852) TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 14.50 FEET; THENCE ALONG SAID CURVE 23.69 FEET THROUGH A
CENTRAL ANGLE OF 93 037'00" TO A POINT OF TANGENCY WITH A LINE 47.50 FEET
NORTHWESTERLY OF, MEASURED AT RIGHT ANGLES, THE CENTERLINE OF
KIRKHAM WAY; THENCE ALONG A LINE 47.50 FEET NORTHWESTERLY OF AND
PARALLEL TO THE CENTERLINE OF KIRKHAM WAY, SOUTH 62 °37'35" WEST 108.78
FEET (SOUTH 62 °37'51" WEST PER MAP 13852) TO THE TRUE POINT OF BEGINNING.
CONTAINS 12,484 SQUARE FEET OR 0.2866 ACRES OF LAND, MORE OR LESS.
TOGETHER WITH 2 ACCESS EASEMENTS, DESCRIBED AS FOLLOWS:
ACCESS EASEMENT 1
A STRIP OF LAND 20.00 FEET WIDE, BEING 10.00 FEET, MEASURED AT RIGHT
ANGLES, EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
EXHIBIT "C"
BMP EASEMENT
LEGAL DESCRIPTION
PAGE 2 OF 6
BEGINNING AT THE PREVIOUSLY DESCRIBED TRUE POINT OF BEGINNING FOR
PARCEL "A ", THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF PARCEL "A ",
NORTH 62 037'35" EAST 45.06 FEET TO THE TRUE POINT OF BEGINNING OF THIS
CENTERLINE; THENCE SOUTH 27 °22'09" EAST 15.00 FEET TO THE
NORTHWESTERLY RIGHT -OF -WAY OF KIRKHAM WAY AND THE TERMINUS OF
THIS CENTERLINE.
THE SIDELINES OF SAID STRIP ARE TO BE EXTENDED OR SHORTENED TO
TERMINATE SOUTHEASTERLY AT THE RIGHT -OF -WAY OF KIRKHAM WAY AND
NORTHWESTERLY AT THE SOUTHEAST BOUNDARY OF THE PREVIOUSLY
DESCRIBED PARCEL "A ".
ACCESS EASEMENT 2
A STRIP OF LAND 20.00 FEET WIDE, BEING 10.00 FEET, MEASURED AT RIGHT
ANGLES, EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE PREVIOUSLY DESCRIBED POINT "A" IN PARCEL "A ", THENCE
ALONG THE NORTHEASTERLY BOUNDARY OF PARCEL "A ", SOUTH 30 059'25" EAST
118.65 FEET TO THE TRUE POINT OF BEGINNING OF THIS CENTERLINE; THENCE
NORTH 55 043'16" EAST 15.02 FEET TO THE SOUTHWESTERLY RIGHT -OF -WAY OF
DANIELSON STREET AND THE TERMINUS OF THIS CENTERLINE.
THE SIDELINES OF SAID STRIP ARE TO BE EXTENDED OR SHORTENED TO
TERMINATE NORTHEASTERLY AT THE RIGHT -OF -WAY OF DANIELSON STREET
AND SOUTHWESTERLY AT THE NORTHEAST BOUNDARY OF THE PREVIOUSLY
DESCRIBED PARCEL "A ".
PARCEL "B"
BEGINNING AT THE PREVIOUSLY DESCRIBED CENTERLINE INTERSECTION,
THENCE ALONG THE NORTHEASTERLY EXTENSION OF THE CENTERLINE
OF KIRKHAM WAY, NORTH 62 °37'35" EAST 481.66 FEET (NORTH 62 °37'51"
EAST PER MAP 13852); THENCE LEAVING SAID NORTHEASTERLY EXTENSION,
SOUTH 27 021'51 " EAST 47.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 62 03735" EAST 95.69 FEET TO THE BEGINNING OF A CURVE TO THE LEFT
HAVING A RADIUS OF 1247.50 FEET; THENCE ALONG SAID CURVE 209.13 FEET
THROUGH A CENTRAL ANGLE OF 9 036'18" TO A POINT OF NON - TANGENCY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 36 °58'43" EAST; THENCE SOUTH
EXHIBIT "C"
BMP EASEMENT
LEGAL DESCRIPTION
PAGE 3 OF 6
39 025'17" EAST 65.90 FEET; THENCE SOUTH 48 012'19" WEST 172.14 FEET; THENCE
SOUTH 48 056'45" WEST 155.30 FEET; THENCE NORTH 27 °21'51" WEST 126.56 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINS 28,734 SQUARE FEET OR 0.6596 ACRES OF LAND, MORE OR LESS.
ALL SUBJECT TO ALL COVENANTS, EASEMENTS AND AGREEMENTS OF RECORD.
ALL AS SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
THE BEARINGS USED HEREIN ARE IN TERMS OF THE CALIFORNIA COORDINATE
SYSTEM OF 1983, ZONE 6 (EPOCH 1991.35) GRID BEARINGS (SEE PAGE 3 FOR
SPECIFICS). REFERENCE MAPS AND DOCUMENTS MAY OR MAY NOT BE IN TERMS
OF SAID SYSTEM.
DATED THIS 28�4-DAY OF .2012.
DONALD ROY CU Y, L. e7846
7846
EXP. 12/31/12
H
VICINFTY MAP
ND SCALE
BASS OF BEAN"
THE BASIS OF BEARING USED HEREIN IS THE CCS 83, ZONE 6 (EPOCH 1991.35) GRID
BEARING BETWEEN STATION SV 10 PER ROS 17738 AND SO COUNTY SURVEY MONUMENT 52.
1. E. N 45 °32'55" E
,'4 \1111
�PQ
PARCEL
A
' / PARCEL
A
'B'
LANO SU
LO ROY
EXP. 12/31/12
J1 (S 7846 �Q
9ff. OF CAt\E���
EXHIBIT 'C' - BMP EASEMENT
APN 323 - 091 -06 POWAY, CA
SCALE. • 1 " = 200' R BCOE E11 GNEERINQ INC. JOB NO. 02706 - 001 -01
DRAWN BY. DC 6390 GREENWICH DRIVE, SUITE 170
SAN DIEGO, CA 92122 DATE: 03 -28 -12
CHECKED BY. DC TEL. (858) 554 -1500 FAX (858) 597 -0335 PAGE 4 OF 6
dcurry@fuscoe.com
2 3��' P.OB.
�;'N
PARCELS
..
i6
L
SEE PAGES 4 & 5 FOR EASEMENT
DATA
® INDICATES PROPOSED 15.00'
GENERAL UTILITY EASEMENT
"=
SCALE.
1 200'
0
loo'
200' 900'
DONALD ROY CURRY DATE
GRAPHIC SCALE L.S. 7846 EXP.
12 -31 -12
'B'
LANO SU
LO ROY
EXP. 12/31/12
J1 (S 7846 �Q
9ff. OF CAt\E���
EXHIBIT 'C' - BMP EASEMENT
APN 323 - 091 -06 POWAY, CA
SCALE. • 1 " = 200' R BCOE E11 GNEERINQ INC. JOB NO. 02706 - 001 -01
DRAWN BY. DC 6390 GREENWICH DRIVE, SUITE 170
SAN DIEGO, CA 92122 DATE: 03 -28 -12
CHECKED BY. DC TEL. (858) 554 -1500 FAX (858) 597 -0335 PAGE 4 OF 6
dcurry@fuscoe.com
LINE TABLE
NO.
BEARING
DISTANCE
L 1
N62 *37'35"E
45.06'
L2
S27 '22'09"E
15.00'
L3
S30 °59'25 "E
118.65'
L4
N55 °43'16 "E
15.02'
ol
f
T. P.O. B. G� 00
ACCESS NO. 1 p s
PARCEL 'A' \� \
A =93 °37'00"
R= 14.50'
T.P.O. B.
tau ACCES
L= 23.69'
S N0. 1
o J
QD TP.O.B. P.OB.
BMP PARCEL "A" /��562 N '5
I p �
ICI P�
SCALE. • 1"= 40'
22 40'
GRAPHIC SCALF
EXHIBIT 'C'- BMP EASEMENT
APN 323 - 091 -06 POWAY, CA
SCALE. • 1" = 40' FUSCOE ENGINEERING INC. JOB NO. 02706 - 001 -01
6390 GREENWICH DRIVE, SUITE 170
DRAWN BY. • DC SAN DIEGO, CA 92122 DATE 03 -28 -12
CHECKED BY. DC TEL. (858) 554 -1500 FAX (858) 597 -0335 PAGE 5 OF 6
dcurr ffuscoe.com
rob'
1 °E
rol
\ 2 g1,
T.P.O.B. . Il
20 FT TEMPORARY
ACCESS EASEMENT BY \\
SEPARATE DOCUMENT \
l� SCALE: 1"= 50'
0
25' 50' 100'
GRAPHIC SCALE
Z
No, o
PARCEL TV
EXHIBIT V - BMP EASEMENT
APN 323 - 091 -06 POWAY, CA
SCALE: 1 " = 50' FUSCOE ENGINEERINQ INC No. 02706- 001 -01
6390 GREENWICH DRIVE, SUITE 170
DRAWN BY. DC SAN DIEGO, CA 92122 DATE: 03 -28 -12
CHECKED BY: DC TEL. (858) 554 -1500 FAX (858) 597 -0335 PAGE 6 OF 6
dcurry@fuscoe.com
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated:
20, HCP LS Poway II, LLC, a Delaware limited liability company, 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: CITY OF POWAY
Seal:
By31ij A. T royan, MM Clerk