Storm Water Management Facilities Maintenance Agreement 2014-0296899STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Sabin Residence 14855 Sunset Ridge Court
(G12 -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 BBA Partners 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"), which
is a being developed as a single - family residence, in accordance with applications for MDRA09-011,
and Grading Permit No. G12 -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 (PMC), 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 ": Two separate bioretention basins and an area of permeable pavement, all as shown on
the approved grading plans.
The precise location(s) and extent of the BMPs are indicated in the "Water Quality Technical Report
for Sabin Grading Plans ", dated September 19, 2012, and the approved grading plans on file with
CITY's Development Services Department as G12 -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.
D O C # 2014-0296899
RECORDING REQUESTED BY:
10
111111111111111111111 11111111111111111111111111111111111111111
CITY OF POWAY
„�
JUL 16, 2014 3:45 PM
OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO:
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
Yid
FEES: 0.00 WAYS: 2
CITY CLERK
��
OC. NA
CITY OF POWAY
PAGES: 17
P O BOX 789
POWAY, CA 92074
I IIIIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
(THIS SPACE FUH HEUUHUtH -a u�q
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Sabin Residence 14855 Sunset Ridge Court
(G12 -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 BBA Partners 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"), which
is a being developed as a single - family residence, in accordance with applications for MDRA09-011,
and Grading Permit No. G12 -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 (PMC), 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 ": Two separate bioretention basins and an area of permeable pavement, all as shown on
the approved grading plans.
The precise location(s) and extent of the BMPs are indicated in the "Water Quality Technical Report
for Sabin Grading Plans ", dated September 19, 2012, and the approved grading plans on file with
CITY's Development Services Department as G12 -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:
1. 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 Chapter 8.72
PMC. 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
Chapter 8.72 PMC.
4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over,
under and across all that portion of PROPERTY shown in Exhibit C, for purposes of accessing
Sabin SWMFMA Page 2
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
& 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,
Sabin SWMFMA Page 3
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: BBA Partners LLC, A Delaware Limited Liability Company
0
Print
Its: [Manager /Managing Member]
CITY OF POWAY:
LZ14-
Rob J. Mani
Director of Development
APPROVED AS TO FORM:
Office of the City Attorney
-M4 4 r V"ro
Date: 7 3
Date:
APPROVED AS TO CONTENT:
Engineering Division
even Crosby, P.E., City Engineer
Sabin SWMFMA Page 4
ACKNOWLEDGMENT
State of California
County of San
On Lune l0, 2cy-1 before me, Sharon Filbig, Notary Public
(insert name and title of the officer)
personally appeared
who proved to me on the basi of satisfactory evidence to be the person,(s) whose nameA is /,r2
subscribed to the within instrument and acknowledged to me that he /staelthdy executed the same
his /te/tWr authorized capacity0eS), and that by his�hef/th6 r signature(s) on the instrument the
personw, or the entity upon behalf of which the person(s) acted, executed the instrument.
in
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.
SHARON :'0'C4 RIG o COMM. *1711 z s Notary Public alifornia z San Diego unty Comm. Tre . 17, 2017
Signatur (Seal)
CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT
AtgA - ..:) TIA ..R . . R. A<..A...R..A .R
State of California
County of I
�Sf//I/ �/�E4� /% //1/
On ,446y ZO/ before me, 4,YZZ1s - /��/�'� N/% i i��f�4 (C-
M Here Insert and Trot of a Officer
personally appeared �� t� T �- J4,�/t' 1f
PHYLLIS SHINN
Commission M 1956215
Notary Public - California
San Diego County
Comm. Ex ires Nov 9.2015 r
Place Notary Seal Ahw
who proved to me on the basis of satisfactory evidence to
be the person(W whose name(X is/a)o subscribed to the
within instrument and acknowledged to me that
he/s" executed the same in his4*dd* authorized
capacity(ig), and that by hi~tXir signature(ilo on the
instrument the person(, or the entity upon behalf of
which the personiOacted, 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 handAyd official seal.
Signature
Sqg m of Wary PuNic
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
Title or Type of Documenh)1(/'fVn V ltVt- r(IfrT iJt7ci &I I /tG/ < 1 //ems/ /rJi /v/r 11'171- t&&
Document Date: Jlf ;�7- //;, Number of Pages: J
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): —
El Partner — []Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
I LE
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
O'S IGNER
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CERTIFICATE OF ACCEPTANCE
Storm Water Management Facilities
Maintenance Agreement (G12 -0002)
This is to certify that the interest in real property identified as APN 277- 230 -07 in the City of Poway
conveyed by the Storm Water Management Facilities Maintenance Agreement, Item 4 of the attached
document dated)v�u) 3 : -aCIN , from BBA Partners, LLC, A Delaware Limited Liability Company,
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: CI CITY OF POWAY
Seal:
By: , & C l rA--'-V
She R. Cobian, CIVIC, City Clerk
Sabin SWMFMA Page 5
1:0.4 :11:311]
LEGAL DESCRIPTION
LOT 7 OF CITY OF POWAY TRACT MAP 02 -02, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
No.] 5725, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO
COUNTY, OCTOBER 28, 2008 OF OFFICIAL RECORDS
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 7, DESCRIBED AS
FOLLOWS:
A PORTION OF SAID LOT 7 OF CITY OF POWAY TRACT MAP 02 -02, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP No. 15725, FILED IN THE OFFICE OF COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 28, 2008 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT E OF SAID MAP 15725;
THENCE SOUTH 26 048'56" EAST, 313.10 FEET TO A POINT OF SOUTHERLY
SIDE LINE OF SAID LOT 7; THENCE ALONG SAID SOUTHERLY SIDE LINE
SOUTH 89 027'33" WEST, 27.19 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 7; THENCE ALONG WESTERLY LINE OF SAID LOT 7 NORTH 22011' 11"
WEST, 302.05 FEET TO THE POINT OF BEGINNING.
PREPARED BY:
NO 33730
�sr CIVIL
q
WILLIAM C. Y N, RCE 33730 � OF CA0
EXHIBIT B'
Operation and Maintenance Manual
I. Bioretention planter
SOIL MIX: LOAMY SAND
W /MINIMUM PERCOLATION
RATE 5 " /HR /
EXISTING\ SHORT
a z
F- GRADE I GRASS
1454.98FL o o o /
r = 1455.20HP z 7- /
t54.23FL Z5 a /
<�K
y
I
EXISTING CONCRETE
BROW DITCH, CONNECT
SPILLWAY TO EXISTING
1 00
1454.37FS
2:1 CUT/
- TSLOPE, TYP
I /
SOIL COMPACTED
TO 95%
1 1450.3785 CLASS 2 PERMEABLE
I ,-AGGREGATE PER
6 "0 PERFORATED 68- 1.025A OF CALTRANS
DRAIN PIPE SPECIFICATIONS
BIORETENTION (BRF2)
NO SCALE
*NOTE: PROTECT SIDES OF BfORETENTION WITH IMPERMEABLE
GEOTEXTILE LAYER LAYFIELD RPE 25 OR EQUIVALENT
SOIL MIX: LOAMY
SAND W /MINIMUM,
25.3' 20.3 PERCOLATION RATE \ SHORT
5 " /HR I GRASS 456.57FS
� I /
1457.40FL Z 1 / 1459.34FS
'I 455.75GB � Z 1458.07TB CLEAN OUT °- o I / .2:1 SLOPE
T � 1
t/
l i SOIL COMPACTED
ORIFICE p TO 95%
I
1451.731E \\ *SEE /
- J
1451.50FL 1.5% NOTE °n
1452.57FS CLASS 2 PERMEABLE
8 "0 PVC STORM 6 "0 I _AGGREGATE PER
PERFORATED 68- 1.025A OF CALTRANS
DRAIN PVC PIPES, PERFORATION SPECIFICATIONS
RIP RAP PLACED FACE DOWN
BIORETENTION (BRF1)
NO SCALE
(Note: for bioretention locations, see page 5)
1
The operation and maintenance needs for Bioretention are as follows:
• Use of fertilizers in all landscaping area and application of pesticides outside should be
limited and they should not be applied during times of likely rainfall to avoid discharge
into stormwater runoff. Fertilizing of all landscaping should be avoided during the rainy
season.
• Inspect that irrigation system covering all on -site landscaping is adjusted correctly. For
instance, sprinkler heads are pointed in the correct direct and are spraying to adequate
coverage without overspray. Additionally, inspect irrigation system leaks.
• Regular inspection for healthy growth, signs of erosion and adequate drainage (monthly
and after each storm event)
• Periodically inspect the site signs of erosion and sediment discharge. Correct problems
immediately (monthly or after each storm event)
• Inspect parking areas, trash storage areas and all other outside areas of the site for trash,
debris and other pollutant. Remove all pollutants and dispose of properly according to
type and applicable regulations. (Daily)
• Periodic elimination of gopher and other rodents burrows which may cause loosening of
the soil and erosion of sediments (monthly)
• Inspection for the need of removal and replanting of dead or unhealthy plants to fill all
bare areas (every three months)
• Add more mulch as it breaks down to maintain at least 3" of depth (every six months)
• Check for any blockage of overflow outlet. Remove all debris periodically. (before a
storm event and after each storm event, minimum twice a year)
• Inspect and clear orifice plate /threaded plug once a week for any debris near or inside the
orifice (see Flow Control Orifice Plate and Threaded Orifice Plug details on page 3)
• Inspect orifice clearing 24 hours after a rainfall event.
30 DUROMETER
NEOPRENE RING
FIT TO SIZE
L — — —
I
DISCHARGE PIPE
IMBED BOLT
/—INTO CONCRETE
�— - NUT
U I LLAJ
RETAINING WALL, CONCRETE
CATCH BASIN, OR CONCRETE
BROW DITCH
GALVANIZED PLATE
WITH ORIFICE, REMOVE
--FOR CLEANING AND
REATTACH AFTER
CLEARING ALL DEBRIS
FLOW CONTROL ORIFICE PLATE
NO SCALE
*GLUE SLIP THREAD COUPLING ON TO 8"
PIPE AND PUT TEFLON TAPE ON THREADS OF SPILLWAY
PLUG AND SCREW ON 8" THREADED PLUG
8"0 THREAD
PLUG WITH HEX
ON THREAD PLUG
FOR REMOVAL
0.5" ORIFICE�:
THREADED ORIFICE PLUG
NO SCALE
t
Material Disvosal
Owners are responsible for complying with all federal, state, and local regulations when
disposing of material collected from the storm water quality unit and underground detention pipe
system. Water and sediment from cleanout procedures should not be dumped into sanitary
sewer.
3
Hazardous Wastes
Suspected Hazardous wastes will be analyzed to determine disposal options. Hazardous
materials generated on site will be handled and disposed of according to local, state, and federal
regulations. A solid or liquid waste is considered a hazardous waste if it exceeds the criteria
listed in the California Code of Federal Regulations, Title 22, Article 11 (State of California,
1985).
Records Retention
A log on all inspection and maintenance activities shall be kept for a minimum of 5 years and
shall be made available to the City of Poway upon request.
II. Permeable Pavers
Note: for permeable paver locations, see page 5.
The operation and maintenance needs for permeable paving are as follows:
• Vacuum clean surface using commercially available sweeping machines 2 to 3 times per
year
• Perform the following inspection to ensure the preamble paving isn't clogged and that it
is properly draining (annually):
Inspect the surface of the permeable pavement for evidence of sediment
deposition, organic debris, staining or ponding that may indicate surface clogging
by testing sections by pouring water from a five gallon bucket to ensure the water
infiltrates into the paving and there is no surface running water. Perform the
routines below if the permeable paving is determined to be clogged.
• If routine cleaning does not restore infiltration rates, then reconstruction
of part or the whole of a pervious surface may be required
• The surface area affected by hydraulic failure should be lifted for
inspection of the internal materials to identify the collation and extent of
the blockage
• Pervious pavers should be lifted and replaced if clogging occurs and
infiltration cannot he restored by vacuum cleaning
III Operation and Maintenance Activities Responsible Party
Owner shall be the responsible party for operation and maintenance activities in perpetuity and
extending into future owners of subject property.
4
BMP LOCATIONS
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\\ BIORETEINTION #2
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LOT B �,� RIDGE
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BIORETENTION #1
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2
EXHIBIT C
BMP MAINTENANCE ACCESS EASEMENT
ALL THAT PORTION OF LOT 7 MAP NO 15725, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER, OCTOBER 28, 2008 AS FILE NO. 2008-0563614 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID
LOT 7, THENCE ALONG THE NORTHERLY LINES OF SAID LOT 7 COUNTER
CLOCKWISE SOUTH 54 034'41" WEST, 31.48 FEET TO AN ANGLE POINT
THEREOF; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH
35025'19" WEST 18.03 FEET TO THE BEGINNING OF A NONTANGENT 99.00
FOOT RADIUS CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE
BEARS SOUTH 29 018'30" EAST FROM THE CENTER OF SAID CURVE; THENCE
CONTINUING SOUTHEASTERLY ALONG SAID NORTHERLY LINE AND SAID
CURVE THROUGH AN ANGLE OF 18 °10'57 ", A DISTANCE OF 31.42 FEET TO
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE
AND ALONGT A NONTANGENT 27.99 FOOT RADIUS CURVE; THE RADIAL
LINE TO SAID CURVE BEARS NORTH 77 039'47" EAST FROM THE CENTER OF
SAID CURVE; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN
ANGLE OF 45 023'38 ", A DISTANCE OF 22.18 FEET; THENCE TANGENT TO
SAID CURVE SOUTH 33 003'25" WEST, 20.33 FEET TO THE BEGINNING OF A
50.00 FOOT RADIUS TANGENT CURVE CONCAVE EASTERLY; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 54 °58'30 ", A
DISTANCE OF 47.97 FEET; THENCE TANGENT TO SAID CURVE SOUTH
21 055'04" EAST, 9.14 FEET; THENCE SOUTH 26 °23'32" EAST, 53.56 FEET;
THENCE SOUTH 63 036'28" WEST, 43.00 FEET; THENCE NORTH 26 °23'32"
WEST, 66.00 FEET; THENCE NORTH 63 029'54" EAST, 11.77 FEET; THENCE
NORTH 20 003'54" WEST, 45.31 FEET; THENCE SOUTH 54 °53'05" WEST, 31.33
FEET; THENCE SOUTH 42 °14'14" WEST, 38.90 FEET; THENCE SOUTH 09 °51'42"
WEST, 52.48 FEET; THENCE SOUTH 26'17'25" EAST, 85.75 FEET; THENCE
NORTH 63 036'28" EAST, 44.39 FEET; THENCE SOUTH 58 °41'49" EAST, 25.85
FEET; THENCE SOUTH 32 °17'29" WEST, 25.05 FEET; THENCE SOUTH 73 °36'47"
WEST, 50.73 FEET; THENCE NORTH 87 °50'21" WEST, 57.02 FEET; THENCE
NORTH 48 000'05" WEST, 16.54 FEET; THENCE NORTH 33 °40'14" EAST, 62.80
FEET; THENCE NORTH 26 °17'25" WEST, 42.76 FEET; THENCE NORTH 09 051'42"
EAST, 61.73 FEET; THENCE NORTH 42 014'14" EAST, 34.24 FEET; THENCE
NORTH 46 020'42 WEST, 38.30 FEET; THENCE NORTH 68 °58'32" EAST, 51.10
FEET; THENCE NORTH 57 °41'30" EAST, 38.80 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID LOT 7; SAID POINT BEING ON A 116.00 FOOT
RADIUS CURVE, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS
NORTH 07 047'12" WEST FROM THE CENTER OF SAID CURVE; THENCE
EASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 13 °12'07 ", A
Sheet 1 of 4
DISTANCE OF 26.73 FEET TO THE BEGINNING OF A 99.00 FOOT RADIUS
REVERSE TANGENT CURVE; THENCE EASTERLY ALONG SAID CURVE
THROUGH AN ANGLE OF 16 032'28 ", A DISTANCE OF 28.58 FEET TO THE TRUE
POINT OF BEGINNING.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD
DATA ON MAP 15725.
IV 110 will 90 111 Ws
I jam- (v -C/ 1.
WILLIAM YEN, . E 33730
NO 33730
Sheet 2 of 4
0
0
n
w
J
Q
U
N LOT O
29
SHEET 3 OF 4
EXHIBIT 'C'
BMP MAINTENANCE ACCESS EASEMENT
APN 277 - 230 -07
YAP
LOT 10
Zp
LOT \
0
APN 277 - 230-07
J672-5
COURT
I
THE MOST
N'LY NE
CORNER
I
SEE SHEET 4
-E -
SW 1/4 NE: 1/4 OP
SErC 20 TS JOS RJW
NO 33730
CIV1\-
i 3
LOT 17'
Q
0
U
U)
Q
EXHIBIT'C'
BMP MAINTENANCE ACCESS EASEMENT
APN 277 - 230 -07
/ N29'1 8'30R)
N07 =.8, R �6
C4 CS C�
I ' LS
to TPOB N56. 6 5
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s
z \SS34R i
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9
N8T50'21 "W
57.02'
LINE DATA
NO.
LENGTH
DELTA /BEARING
L1
34.24'
N42'14'14 "E
L2
38.30'
N46'20'42'W
L3
51.10'
N68'58'32 "E
L4
38.80'
N5T41'30 "E
L5
18.03'
N3525'19 "W
L6
131.48 '
1 N54'34'41 "E
L7
20.33'
1 N33'03'25 "E
v
�-�8
{<."'i
LINE DATA
NO.
LENGTH
DELTA /BEARING
L8
9.14'
N21'55'04"W
1-9
43.00'
N63'36'28 "E
L10
11.77'
N63'29'54 "E
L11
45.31'
N20'03'54"W
L12
31.33'
N54'53'05 "E
L13
38.90'
N42' 14'1 4"E
11-14152.48'
34'43'25"
1 N09'51'42 "E
SHEET 4 OF 4
FPM y
NO 33730
CIVIC -/
CURVE DATA
NO.
LENGTH
DELTA /BEARING
RADIUS
Cl
47.97'
54'58'30"
50.00'
C2
50.84'
25'06'44"
116.00'
C3
26.73'
13'12'07"
116.00'
C4
77.57'
38'18'51"
116.00'
C5
60.00'
34'43'25"
99.00'
C6
28.58'
16'32'28"
99.00'
C7
31.42'
18'10'57"
99.00'
C8
22.18' 1
45'23'38"
127 .99'
LINE DATA
NO.
LENGTH
DELTA /BEARING
L15
44.39'
N63'36'28 "E
L16
25.85'
N58'41'49 "W
L17
25.05'
N32'17'29 "E
L18
50.73'
N73'36'47 "E
L19
16.54'
N48'00'05 "W
L20
42.76'
N26'17'25"W
L21161.73'
N09'51'42 "E