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Storm Water Management Facilities Maintenance Agreement 2012-0430544D O C # 2012-0430544 1111111 1111 IIIII IIIII 11111 IIIII II II Ilill III IIIII IIIII IIIII 1111 IIII RECORDING REQUESTED BY: fl� JUL 24, 2012 4:59 PM CITY OF POWAY OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER AND WHEN RECORDED MAIL TO: je FEES: 0.00 WAYS: 2 ,`�/,/ OC: NA CITY CLERK Imo'` 174�� PAGES: 18 CITY OF POWAY i POWAY ° A 92074 2o 1111111IIIII IIIIIIIIII IIIIIIIIIIIIIII IIIII IIIII IIIII IIIIIIIIII IIIIIIIIII 111111111 IN P/ (THIS SPACE FOR RECORDER'S USE) SPACE FOR RECORDER'S USE) 8, 323 - 290-43 STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT 12835, 12825, and 12815 Gate Drive (G1624 -08) 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) Don Nguyen, Chau Lien, Stephen Oppenheimer, Michael R. Romeo, and Nicole W. Romeo (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 being developed as three of individual residential lots, in accordance with applications for MDRAs 06- 005EX, 06- 006EX, and 10 -028, and Grading Permit No. G1624 -08, 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 high -rate media filter located near the driveway entrance to Gate Drive, and three bio- swales, as shown on the approved grading plans. The precise location(s) and extent of the BMPs are indicated in the approved "Water Quality Technical Report, Gate Drive Project" and shown on the approved "Grading & Erosion Control Plan for Gate Drive Housing Development" on file with CITY's Development Services Department as G1624 -08. 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 ". 1.2 -0.3, 17493 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 Page 2 7494 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 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 Page 3 17495 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: Nicole ko meo Date: L /,Q� A 2 i Date: & Z Date: l0 - - —1 Z Date: % 2— Date: (a Z- Page 4 CITY OF POWAY: APPROVED AS TO FORM: Office of the City Attorney 4&A Morgan . Fol y, Ci Attor ey Attachment 1. Certificate of Acceptance M :lengservlClapptAgreements\Gate Drive\SWFMA.docx 17496 Date: lg Zi APPROVED AS TO CONTENT: Engineering Division "a4 Stern Crosby, P.E. City Engineer Page 5 CALIFORNIA ALL- PURPOSE 17497 CERTIFICATE OF ACKNOWLEDGMENT State of California County of On of before me, (Here insert name and personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) W6D subscribed to the within instrument and acknowledged to me that he /she / xecuted the same in his/her' ieir,authorized capacity(ies), and that by his/her t eir ignature(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. signgture of Notary Public ADDITIONAL OPTIONAL INFORIl4ATION F F THE ATPACHED DOCUMENT �n esenption_ �. irtion of attecL.d doormen onensell Number of Page Document Datc7. (Addiccnal information) CAPACITY CLAIMED BY THE SIGNER Ind iPidaaI (sJ - ❑ Corporate Officer € ('Idle) i ❑ Partnet(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other___ — 2008 Version CAP v12 .1007800-873.9865 voev Notary Classes.com INSTRUCTIONS FOR COMPLETING TIES FORM Any acknowledgment completed in California taus( action n verbiage exactly as appears above in die notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California, In such instances, any alternative acFnowledgm.ent verbiage as may be printed on such a document so long as (he verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of fire signer) Please check the d -c'n r crrgfu, j far proper MINI, oll wording -and oRach this jm r. irregou ed. • State mid County information must be the Stale and Ccunty where the dacumen; signers) personall} appeared before the notary, public for ackowledgment. • Dale of notarization must be the date that the sigrull personally appeared which must also be, the same date the acknowledgment is completed. • The notes), public must print his or her time as it appears within his or her commission followed bye comma and then your title (notary public) • Print the name(s) of documem signer(s) who personally appear at the time of noteriratlon • Indicate the correct singular or plural forms by crossing off incorrect forms (i,e. IreishelEka}� is lore ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of doeumerd recording. • 'the notary seal impression must be clear and photographically reproducible. Impression must not cover text cr lines. If seal impression smudges, reseal If a suaiizienl area petivits, otherwise complete a different acknowledgment form. • Signature cf the notary public mush match the signature on file with Ile offir_e of the county cork. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title car type of attached document, number of pages and date. Indicate the catesc ty claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, secretary). • Securely attach this document to the signed document CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On June 8, 2012 before me, Melody L. Harris, Notary Public personally appeared Don Nguyen L. ow HAR C i 19" 19l4M7 CMMomN c °",�.°M°° ,wts iota 17498 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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 and official seal. ice Signa ure of Notary ONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL .- CORPORATE OFFICER ATTORNEY -IN -FACT TRUSTEE(S) OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SELF DESCRIPTION OF ATTACHED DOCUMENT Storm Water Management Facilities Maintenance Agreement State of California County of San Diego On June 8, 2012 ACKNOWLEDGMENT before me, 17499 Linda Bauman, Notary Public (insert name and title of the officer) personally appeared Lien Chau who proved to me on the basis of satisfactory evidence to be the personol whose name�� is /are subscribed to the within instrument and acknowledged to me that 4efshe /t4ey executed the same in Ns/herftoiF- authorized capacity(09), and that by Wslher /tueW signature($) on the instrument the person(¢), or the entity upon behalf of which the person(o 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. � 0 1957M s ii Pu01k • Calls ' ■ SIM piW C611111110111 i w r.. Esammm Nov Is. 2015 Signature i 3 Q c! i (Seal) CALIFORNIA ALL - PURPOSE 17500 CERTIFICATE OF ACKNOWLEDGMENT State of California County of �/w D( C-" 7U(Z before me, personally appeared C0 1�Tet Gib0/1C&L / "001 (Here insert name and title of the officer) rt t2 bgMco 8uc who proved to me on the basis of satisfactory evidence to be the person_ whose name s r are subscribed to the within instrument and acknowledged to me that h she hey executed the same in hi le their authorized capacity and that by hi Ter eir signature(s) on the instrument the persort� 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. �qr I, • • wiTNEsR my hand and bcial seal (Notary Seal) Sigrg a OfNoiary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ��o r k, Wa �Cr (Title or description of attached document (into ordescriptian of atd d d Concert coNi u"I Number of Pages _ Document Date (Additional information) CAPACITY CLAUAED 13Y THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partnens) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v 12.10.07 800 - 873.9865 wwwNotaryClesses,com INSTRUCTIONS FOR COMPLETING THIS FORM_ Any acknowledgment completed in tCahtmo to must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer) Please check the do umert carefully for -proper no(artal uordingar d attach Otis Im rn fregatred . State and County information must be the Stale and Comity where the document signer(s) personally appeared before the notary public for acknowledgment, • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. . The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) . Print the names) of document signer(s) who personally appear at the time of notarization. - . Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hefshelthey-, is lave ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is net misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, Indicate the title (i.e. CEO, CFO, Secretary) . Securely attach this document to the signed document 17501 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 County of r � On /✓ ! Z before me, iLL� Pi ✓ /i/ � / �Li 'G /G Date Here Insert Name and Title of fbe Officer personally appeared 11 111 h 3 Le Ceawrtaioo 1 1856215 Gmam. Nor 8.2015+ who proved to me on the basis of satisfactory evidence to be the personW whose ri is /a)ik subscribed to the within instrument and acknowledged to me that he /she /tr)ir*y executed the same in his /Ir*r /tlViir authorized capacity(los), and that by hi"r /their signatureA on the instrument the person(o), 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-and official seal. Signature , � �ti � C«� —� � Z t— Place Notary Seal Above ^ r' Signature of Notary Public OPTIONAL Though the information below is not required by taw, 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 Document II' � Title or Type of Document: <itt�/Ji' / /9� ✓�lF/ �Z /C'rlEi i��f,rC�1 Document Date: N4G,1i6" -v /,Z— Number of Pages: r< S Signer(s) Other Than Named Above: 1 V 4L ;a :er �•.��tib! �` -.�`�� �- `•!L�1/ L`:�� iv��`��� </C Capacity(ies) Claimed by Signer(s) r ll tcf/ rz- Signer's Name: Individual ❑ Corporate Officer — Title(s): ❑ Partner — C Limited - General ❑ Attorney in Fact Trustee L Guardian or Conservator L Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 'N Signer's Name: L Individual C Corporate Officer — Title(s): ❑ Partner — ❑ Limited �:] General J Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 ©2007 National Notary Assodalion• 9350 De Soto Ave.,PO.Box2402•Chatswodh,CA 913132402•wv NationalNotarycrg Item #590] Reorder: Call Tall-Free 1 -800- 876 -6821 CERTIFICATE OF ACCEPTANCE (Storm Water Management Facilities Maintenance Agreement) G1624-08 17502 This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in Item 4 of the attached document dated: June 7, 2012, from Don Nguyen, Chau Lien, Stephen Oppenheimer, Michael R. Romeo, and Nicole W. Romeo to the City of Poway, 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. Dated: /.2S / /a—_ CITY OF POWAY Seal: By: J.irtdaA. Troyan, MMC CityClerk Page 6 EXHIBIT "A" A: 17503 PARCEL 1 AS SHOWN ON PARCEL MAP FIELD IN BOOK OF PARCEL MAPS ON PAGE 2489, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON MARCH 28, 1974, BEING A PORTION OF THE WEST 669.96 FEET OF LOT 4, SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF THE WESTERLY 25.00 FEET OF SAID LOT 4 WHICH LIES WESTERLY OF AND ADJACENT TO SAID PARCEL 1. PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES TOGETHER WITH THE RIGHT TO GRANT SAID EASEMENT TO OTHERS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH, LYING WITHIN LOT 3 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN , IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, SAID 60.00 FOOT STRIP LYING 34.00 FEET EASTERLY AND 26.00 FEET WESTERLY OF THE FOLLOWING DESCRIBED REFERENCE LINE: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 3, DISTANT ALONG SAID NORTHERLY LINE 310.00 FEET EASTERLY FROM THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT TO THE SOUTHERLY LINE OF SAID LOT. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE WESTERLY 300.00 FEET OF THE NORTHERLY 990.00 FEET, MEASURED ALONG THE NORTHERLY AND WESTERLY LINES RESPECTIVELY OF SAID LOT 3. PARCEL C: AN EASEMENT FOR WATER LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THE WEST 7.00 FEET OF THE EAST 20.00 FEET AND THE SOUTH 7.00 FEET OF THE EAST 20.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST AND THE SOUTH 7.00 FEET OF THE WEST 32.00 FEET OF LOT 3 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN , IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STAGES GOVERNMENT SURVEY. ALL DISTANCES BEING MEASURED ALONG THE NORTHERLY BOUNDARY AND THE WESTERLY LINE OF SAID SECTION 18, EXCEPT SAID EAST 20.00 FEET WHICH IS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 13. EXCEPTING FROM SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13 THE NORTH 1147.58 FEET. PARCEL D: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE NORTHERLY 30.00 FEET OF PARCEL 2 AS SHOWN ON PARCEL MAP FILED IN BOOK OF PARCEL MAPS ON PAGE 2489 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON MARCH 28, 1974. PARCEL E: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A 10.00 FOOT STRIP OF LAND LYING WITHIN LOT 4 OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN , ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876 THE NORTHERLY LINE OF SAID 10.00 FOOT STRIP BEING THE SOUTHERLY LINE OF PARCEL A ABOVE. Sheet 1 of 5 17504 EXHIBIT "A" LEGAL DESCRIPTION al property in the City of Poway, County of San Diego, State of California, described as follows: ,-„RCEL A: PARCEL 3 OF PARCEL MAP NO. 2489, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 28, 1974 AS INSTRUMENT NO.77RB7 OF OFFICIAL RECORDS. PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES, TOGETHER WITH THE RIGHT TO GRANT SAID EASEMENT TO OTHERS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 60 FEET IN WIDTH, LYING WITHIN LOT 3 IN SECTION 18; TOWNSHIP 14 SOUTH; RANGE 1 WEST, SAW BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. SAID 60 FOOT: STRIP LYING 34 FEET EASTERLY AND 26 FEET WESTERLY OF THE FOLLOWING DESCRIBED REFERENCE LINE: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 3, DISTANT ALONG SAID NORTHERLY LINE, 310 FEET EASTERLY FROM THE NORTHWESTERLY CORNER OF.SAID LOT 3; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT TO THE SOUTHERLY LINE OF SAID LOT. EXCEPTING THAT PORTION LYING WITHIN THE WESTERLY 300 FEET OF THE NORTHERLY 990 FEET, MEASURED ALONG THE NORTHERLY AND WESTERLY LINES RESPECTIVELY;; OF SAID LOT 3. PARCEL C: AN EASEMENT FOR WATER LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THE WEST 7.00 FEET OF THE EAST 20.00 FEET AND THE SOUTH 7.00 FEET OF THE EAST 20.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST AND THE SOUTH 7.00 FEET OF THE WEST 32.00 FEET OF LOT 3 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. ALL DISTANCES BEING MEASURED ALONG THE NORTHERLY BOUNDARY AND THE WESTERLY LINE OF SAID SECTION 18, EXCEPT SAID EAST 20.00 FEET WHICH IS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 13. EXCEPTING FROM SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13. THE NORTH 1147.58 FEET. PARCEL D: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES, OVER, UNDER, ALONG AND ACROSS THE NORTHERLY 30.00 FEET OF PARCELS 1 AND 2, AS SHOWN ON PARCEL MAP FILED IN BOOK OF PARCEL MAPS ON PAGE 2489, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 28, 1974. Sheet 2 of 5 EXHIBIT "A" PARCEL E: 175.E AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 10.00. FEET OF PARCELS 1 AND 2, AS SHOWN ON PARCEL MAP FILED IN BOOK OF PARCEL MAPS ON PAGE 2489, IN THE THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, ON MARCH 28, 1974. TOGETHER WITH AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES, OVER, UNDER, ALONG AND ACROSS A 10.00 FOOT STRIP OF LAND LYING WITHIN LOT 4 OF SECTION 18; TOWNSHIP 14 SOUTH, RANGE 1 WEST, IN THE COUNTY. OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876, THE NORTHERLY LINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF.PARCEL 3 AS SHOWN ON PARCEL MAP: FILED IN BOOK OF PARCEL MAPS ON. PAGE 2484IN THE OFFICE OF THE COUNTY RECORDER OF°SAN DIEGO COUNTY, ON MARCH 28, 1974, SAID PARCEL MAP BEING. A PORTION OF SAID.LOT 4; SAID POINT BEING 20.00 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL MAP AND ITS WESTERLY PROLONGATION NORTH 8902046" WEST, 356.50 FEET, MORE OR LESS, TO THE WEST: LINE OF SAID SECTION 18. PARCEL F: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE WESTERLY 5.00 FEET OF PARCEL 1 AS SHOWN ON PARCEL MAP FILED IN BOOK OF PARCEL MAPS ON PAGE 2489 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 28, 1974, BEING A PORTION OF LOT 4 I SECTION 18; TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. TOGETHER WITH THAT PORTION OF THE WESTERLY 25.00 FEET OF SAID LOT 4 WHICH LIES WESTERLY OF AND ADJACENT TO SAID PARCEL 1 OF SAID PARCEL MAP. PARCEL G: AN EASEMENT FOR PRIVATE ROAD ACCESS EASEMENT AS RESERVED AND MORE FURTHER DESCRIBED IN DOCUMENT RECORDED RECORDED NOVEMBER 28, 2005, AS INSTRUMENT NO. 05- 1022410 OF OFFICIAL RECORDS IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, STATE OF CALIFORNIA. APN: 323 - 290 -18 -00 Sheet 3 of 5 EXHIBIT "A" 17506 LEGAL DESCRIPTION eal property in the City of Poway, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 2 OF PARCEL MAP NO. 2489, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES, TOGETHER WITH THE RIGHT TO GRANT SAID EASEMENT TO OTHERS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 60 FEET IN WIDTH, LYING WITHIN LOT 3 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. SAID 60 FOOT STRIP LYING 34 FEET EASTERLY AND 26 FEET WESTERLY OF THE FOLLOWING DESCRIBED REFERENCE LINE: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 3, DISTANT ALONG SAID NORTHERLY LINE, 310 FEET EASTERLY FROM THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT TO THE SOUTHERLY LINE OF SAID LOT. EXCEPTING THAT PORTION LYING WITHIN THE WESTERLY 300 FEET OF THE NORTHERLY 990 FEET, MEASURED ALONG THE NORTHERLY AND WESTERLY LINES RESPECTIVELY, OF SAID LOT 3. Z1 fnWo AN EASEMENT FOR WATER LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THE WEST 7.00 FEET OF THE EAST 20.00 FEET AND THE SOUTH 7.00 FEET OF THE EAST 20.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST AND THE SOUTH 7.00 FEET OF THE WEST 32.DD FEET OF LOT 3 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. ALL DISTANCES BEING MEASURED ALONG THE NORTHERLY BOUNDARY AND THE WESTERLY LINE OF SAID SECTION 18, EXCEPT SAID EAST 20.00 FEET WHICH IS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 13. EXCEPTING FROM SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13 THE NORTH 1147.58 FEET. 9-1[1814013 AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES, OVER; UNDER, ALONG AND ACROSS THE NORTHERLY 30.00 FEET OF PARCEL I AS SHOWN ON PARCEL MAP FILED IN BOOK OF PARCEL MAPS ON PAGE 2489 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 28, 1974. Sheet 4 of 6 EXHIBIT "A" 1 17507 PARCEL E: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A -20.00 FOOT STRIP OF LAND LYING WITHIN LOT 4 OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876, THE CENTER LINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 AS SHOWN ON PARCEL MAP FILED IN BOOK OF PARCEL MAPS ON PAGE 2489 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, ON MARCH 28, 1974, SAID PARCEL MAP BEING A PORTION OF SAID LOT 4; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL MAP AND ITS WESTERLY PROLONGATION NORTH 89 020'46" WEST, 336.50 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SECTION 18. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN PARCEL 2 OF SAID PARCEL MAP. PARCEL F: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE WESTERLY 5.00 FEET OF PARCEL 1 AS SHOWN ON PARCEL MAP FILED IN BOOK OF PARCEL MAPS ON PAGE 2489 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 28, 1974, BEING A PORTION OF LOT 4 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. TOGETHER WITH THAT PORTION OF THE WESTERLY 25.00 FEET OF SAID LOT 4 WHICH LIES WESTERLY OF AND ADJACENT TO SAID PARCEL 1 OF SAID PARCEL MAP. PARCEL G: AN EASEMENT FOR-PRIVATE ROAD ACCESS EASEMENT, AS RESERVED AND MORE FURTHER DESCRIBED IN DOCUMENT RECORDED NOVEMBER 28, 2005 AS INSTRUMENT NO. 05- 1022411 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY OF SAN DIEGO COUNTY RECORDER, STATE OF CALIFORNIA. APN: 323- 290 -17 -00 Sheet 5 of 5 Exhibit "B" Bio -swale maintenance schedule 17508 The maintenance objectives of the vegetated swale system include keeping up the hydraulic and removal efficiency of the channel and maintaining dense, healthy grass cover. The following maintenance steps will be performed for the bio - swales: -The bio - swales will be inspected a minimum of twice annually for erosion, damage to the vegetation, and sediment and debris accumulation. -The bio - swales will be inspected after periods of heavy runoff for debris and litter, and areas of sediment accumulation. -the bio - swales will be mowed (as needed) to a minimum 6 -inch grass height and to maintain hydraulic capacity. -The bio - swales will be inspected for standing water as part of the regular ongoing homeowner maintenance. Standing water will be drained to avoid mosquito breeding. - Semi - annual removal of litter, branches, rock blockages, and other debris and dispose of properly. - Repair any damaged areas within a channel identified during inspections. Erosion rills or gullies will be corrected as needed. Bare areas will be replanted as necessary. - Remove all accumulated sediment that may obstruct flow through the swale. Sediment accumulation near culverts and channels will be removed when it builds up to 3 inches at any spot, or covers vegetation, or once it has accumulated to 10% of the original design volume. Replace the grass areas damaged in the process. Rototill or cultivate the surface of the sand /soil bed of dry swales if the swale does not draw down within 48 hours. Inspection /Maintenance Log: - All maintenance /inspection records will be retained for 5 years and shall be made available to the city of Poway upon request. An inspection log is included with this plan Funding: -The property owner's are responsible for the funding necessary to maintain the Bio - swales Training: - Maintenance of the bio - swales can be implemented as part of the regular landscape maintenance activities. Any contracted landscapers will be given maintenance /inspection instructions for the bio - swales. Page 1 of 2 17509 Inspection /operation and maintenance of the REM Triton storm water filter- 1 unit: - Perform 3 times per year- once in the fall before the rainy season, once during winter, and once during the summer dry season. - Remove and dispose of all captured debris and material in accordance to an laws and regulations. (Materials are disposed of at a class II hazardous materials facility) - Vacuum and power wash filters at each inspection and maintenance interval. - Replace media filter each year prior to the rainy season. - Provide a service compliance report after each inspection indicating the specific work performed, debris capacity of each filter, and any observed storm water compliance issues. Page 2 of 2