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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 0 02007Na11onWNd ry ASeodautn•935 SO A"..P.O.e 2402•Cha4 rN,CA 913132402,w Natl miNotaryorg lternk5907 Reorder:CeII7oIFFrW-B00A7"a27 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 0 0 it w J Q U �V \ \\ BIORETEINTION #2 ` COURT LOT B �,� RIDGE -L _ PERMEABLE IPAVERS \ LOT 7 \ BIORETENTION #1 \ /1PN 2T/-280-07 \ -q - 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 F zz y s z \SS34R i U \ �C L10T 00. 0 as r� d8l, ?�� N i�i' / J► �i�i�l �i�i�/ / . C� 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