Loading...
Storm Water Management Facilities Maintenance Agreement 2015-0319046RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 AP N: 272 - 761 -44 DOC# 2015 - 0319046 111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII Jun 19, 2015 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PCOR: N/A PAGES: 17 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT Parise Residence, 17952 Highlands Ranch Place (MDRA13 -029) The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R 8 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) Parise Family Trust dated 1/23/97 (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 being developed as a single - family residence, in accordance with applications for Minor Development Review Application (MDRA) 13 -029, and Building Permit 614-0342, 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 bioretention basin located southwest of the proposed structure and pervious pavements located throughout the project site including in the driveway area, all as shown in the approved Water Quality Technical Report. The precise location(s) and extent of the BMPs are indicated in the approved Water Quality Technical Report for Parise MDRA 13 -029 on file with CITY's Development Services Department as MDRA 13 -029. The manner and standards by which the Bi must be repaired and maintained in order to retain their effectiveness are as set forth in the Operation and Maintenance Plan (hereinafter "O &M PLAN "), which is attached hereto and incorporated herein as Exhibit "B ". WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon by CITY in approving OWNER's development applications. It is the purpose of this Agreement to assure that the BMPs are maintained, by creating obligations that are enforceable against the OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these obligations be enforceable notwithstanding other provisions related to BMP maintenance that are provided by law. NOW, THEREFORE, for consideration of (a) CITY's approval of the above development applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS FOLLOWS: Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and its successors in interest, to all or any portion of the PROPERTY, to comply in all respects with the requirements of the SUSMP Ordinance with regards to the maintenance of BMPs, and in particular agrees to perform, at its sole cost, expense and liability, the following "MAINTENANCE ACTIVITIES ": all inspections, cleaning, repairs, servicing, maintenance and other actions specified in the O &M PLAN, with respect to all of the BMPs listed above, at the times and in the manner specified in the O &M PLAN. OWNER shall keep records of this maintenance and provide copies of such records and annual certification of maintenance as requested by CITY. OWNER shall initiate, perform and complete all MAINTENANCE ACTIVITIES at the required time, without request or demand from CITY or any other agency. OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include replacement or modification of the BMPs in the event of failure. Replacement shall be with an identical type, size and model of BMP, except that: (a) The City Engineer may authorize substitution of an alternative BMP if he or she determines that it will be as effective as the failed BMP; and (b) If the failure of the BMP, in the judgment of the City Engineer, indicates that the BMP in use is inappropriate or inadequate to the circumstances, the BMP must be modified or replaced with a more effective BMP to prevent future failure in the same or similar circumstances. 2. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on which any of the above BMPs are located, or any lot or portion of the PROPERTY which is served by the above BMPs, and also prior to transferring ownership of any such BMP, provide clear written notice of the above described maintenance obligations to the transferee. 3. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, but not the obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES if, in the CITY's sole judgment, OWNER has failed to perform the same. Such maintenance by the CITY shall be conducted in accordance with the nuisance abatement procedures set forth in Poway Municipal Code Chapter 8.72. In the case of maintenance performed by the CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole election. It is recognized and understood that the CITY makes no representation that it intends to or will perform any of the MAINTENANCE ACTIVITIES, SWMFMA Page 2 and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing maintenance obligations under this agreement. If CITY elects to perform any of the MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as the agent of the OWNER and said work shall be without warranty or representation by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER "as is ", and shall be covered by OWNER's indemnity provisions below. If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of the responsible parties pursuant to the procedures set forth in Poway Municipal Code Chapter 8.72. 4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over under and across that portion of PROPERTY described in Exhibit C and shown on Exhibit D, 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 SWMFMA Page 3 shall have absolutely no responsibility or liability therefore unless otherwise provided by applicable law. Allocation of Costs. Following the sale or transfer of any of the individual residential lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally by all lot owners, and paid by each lot owner or his or her heirs, assigns and successors in interest. This requirement shall be binding on all lot owners in the subdivision, and each shall be responsible for his or her equal share of the cost associated with the maintenance. 8. Agreement Binds Successors and Runs With the PROPERTY. It is understood and agreed that the terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROPERTY (including the interest of CITY or its successors in the easement granted herein). It is the intent of the parties hereto that this Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have consented to and become bound by all the provisions hereof. 9. OWNER's Continuing Responsibilities Where Work Commenced or Permit Obtained. Notwithstanding any other provision of this Agreement, no transfer or conveyance of the PROPERTY or any portion thereof shall in any way relieve OWNER of or otherwise affect OWNER's responsibilities for installation or maintenance of BMPs which may have arisen under the ordinances or regulations of CITY referred to in this Agreement, or other federal, state or CITY laws, on account of OWNER having obtained a permit which creates such obligations or having commenced grading, construction or other land disturbance work. 10. Amendment and Release. The terms of this Agreement may be modified only by a written amendment approved and signed by the Director of Development Services acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This Agreement may be terminated and OWNER and the PROPERTY released from the covenants set forth herein, by a release, which CITY may execute if it determines that another mechanism will assure the ongoing maintenance of the BMPs or that it is no longer necessary to assure such maintenance. 11. Governing Law and Severability. This Agreement shall be governed by the laws of the State of California. Venue in any action related to this Agreement shall be in the Superior Court of the State of California, County of San Diego. OWNER hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. SWMFMA Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: Parise Family Trust dated 1/23/97 ��_ By: �� � Arimrelo S. Parise, Trustee Linda S. Parise, Trustee CITY OF POWAY: Rqbert J. Man' Director of Development Services APPROVED AS TO FORM: Office of the City Attorney Morg n L. oley, Cit Attorney Attachment 1. Certificate of Acceptance Date: 2 Date: Date: Wengsery \Land Development Projects\2014 \B14 -0342 Parise\SWFMA.docx APPROVED AS TO CONTENT: Engineering Division Steven Crosby, P.E. City Engineer SWMFMA Page 5 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT cmL COOK g 1789 State of California County of On S✓de 241 201 9( before me, SodC i% a I, �2, a fwy }� ✓��G Date H r� era Insert Name ancni Tine of the, �J personally appeared h` d, T °I`lSG o,,rdC GJ.+dCo- S. �orrS� Nnmolal M Cnr,alnl who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Xare subscribed to the within instrument and acknowledged to me that ke%he/they executed the same in SAL JR, Uisiber/their authorized capacity(ies), and that by JOSE M. DO hia4wititheir signature(s) on the instrument the Commission • 20477 Notary Public - Camorma i person(s), or the entity upon behalf of which the San Diego County person(s) acted, executed the instrument. Comm. EXPires Nov 1, 2011 1 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 eal. Signature: Place Notary Seal Above OPTIONAL 1 Lure of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Dgcument M I �O r '4a'4 Title or Type of Document: M �.., 'r C%WV -%t?n rr —f ' /4wea Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Notary Association a NationalNotary.org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 v�<.a .w xa•. tw .:� e. s�.c� �. <.T At.� . ..tee:.. v.<.- �. _ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 ) County of /�6 D OnJUAI 7, ZD(t3 before me, Date \ Hen: Insert Name and Title of the Officer personally appeared /s Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose nameW is/04 subscribed to the within instrument and acknowledged to me that he /s)6 /thit5y executed the same in his/h#/ttltif authorized capacity(iK, and that by his/her /thak signature(*.on the instrument the person(yc or the entity upon behalf of which the person(K 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. PHYLLIS SHINN t _ Commission • 1956215 '� Notary Public - California = Signature CA� San Diego County IlSignature of Notary Public MY Comm. Ex Ires Nov 9, 2015 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 'i-phW1(.Lkm f11C/r'/ Document Date: beit�2 ZNI Number of Pages: � Signer(s) Other Than Named Above: A/y1f.20 4 L /",f /*? /&� Capacity(es) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F-1 Other- Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 CERTIFICATE OF ACCEPTANCE (Storm Water Management Facilities Maintenance Agreement) 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: �p-2y -ZO/ y , from Parise Family Trust 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: �AUVta, to A-01S CITY OF POWAY Seal: By -MgI �-l�' i Sheila R. Cobian, CIVIC City Clerk SWMFMA Page 6 EXHIBIT `A' LEGAL DESCRIPTION OF PROPERTY (APN 272 - 761 -44) THAT PORTION OF LOT 28 OF CITY OF POWAY, TRACT 88 -01, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12123, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 14, 1988, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 28; THENCE ALONG THE WESTERLY BOUNDARY THEREOF, SOUTH 15° 52'45" WEST 44.65 FEET TO A POINT IN A LINE PARALLEL TO AND 40.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 28, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID PARALLEL LINE NORTH 79'29'48" EAST 185.00 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 74° 17' 00" EAST 440.21 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 28, BEING THE POINT OF TERMINUS. PREPARED BY: �' ,kl s- .2 ! -14 WILLIAM V. YEN, RCE 33730 0 EXIIIBIT `B' Operation and Maintenance Manual I. Flow through planter SOIL MIX: LOAMY SAND W /MIN PERCOLATION r-SEE DETAILS A, RATE 5 " /HR \ 1 8 d: C 1. o \\ VARIES PER PLAN - I 1.2' 126 .5 1 25'2 /i �\ 2y CLASS 2 PERMEABLE AGGREGATE PER IMPERMEABLE 25 -1.02A OF LINER CALTRANS SPEC 6" UNOERDRAIN PIPE 0 1% SECTION A-A: FLOW - THROUGH PLANTER NO SCALE ORIFICE PLATE: MIN SQUARE IMBED BOLT DIMENSIONS 20"x20 ", HOT —DIP PINTO CONCRETE GALVANIZED PLATE AFTER 30 DUROMETER HOLES HAVE BEEN DRILLED NEOPRENE RING - NUT FIT TO SIZE x 3" (TYP) L - - - &--NEOPRENE _GALVANIZED PLATE WITH ORIFICE 6 "0 INFLOW PIPE 30 DURAMETER 6 "0 PVC PERFORATED RING I —0.7 "0 ORIFICE DETAIL B: FLOW CONTROL ORIFICE PLATE NO SCALE 36 "x36" CATCH BASIN DETAIL A: FLOW CONTROL ORIFICE PLATE NO SCALE SOIL MIX: LOAMY 36 "X36' CATCH SAND W /MINIMUM BASIN FOR PERCOLATION / OVERFLOW RATE 5 " /HR 10" -.g. L - HARDSCAPE OR LANDSCAPE PER PLAN SEE ORIFICE PLATE 6 "0 PVC— - 1.0. ----DETAIL Ado 8 PERFORATED CLASS 2 PERMEABLE AGGREGATE PER 25 -1.02A OF CALTRANS SPECIFICATIONS 6 "0 PVC STORM DRAIN DETAIL C: CATCH BASIN OUTLET NO SCALE I Note: for flow through planter locations, see attached `BMP Locations" exhibit. The operation and maintenance needs for flow through planters 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 rainN 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. Finally, check that the irrigation system is providing enough water to keep the landscaping in a healthy condition without over watering. The time and subsequent amount water required for adequate irrigation of the landscaping varies depending on the season and the irrigation timer must be adjusted accordingly. (inspect weekly) • If turf grass used in any landscaping areas, periodic mowing is necessary at 6" height. Grass clippings and any other pruned vegetation must be disposed of properly in accordance with all applicable regulations. Clipping and pruned material must not be discharged into stormwater runoff. Please use composting of clipping whenever possible (weekly depending on growth) • Regular inspection for healthy growth, signs of erosion and adequate drainage (monthly and after each storm event). Signs of erosion include breakdown of soils, accumulation of sediment at outfall, or failure or inability of vegetation to thrive near area in questions. • Periodically inspect the site signs of erosion and sediment discharge. Signs include buildup of sediment in localized areas, soil deterioration or clogged orifice. Correct problems immediately (monthly or after each storm event). If sediment build up is visually noticeable, till and mix into soil or remove and dispose of sediment and replenish soil to pre- sedimentation conditions (before and after rain events). • 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. (after each storm event) • Inspect and clear orifice plate once a week for any debris near or inside the orifice (see Orifice Details -- Detail A and B) • Inspect orifice clearing 24 hours after a rainfall event. Maintenance indicator for flow through planters: If water is left standing/ponding visibly above the finish surface of the flow through planter 12 hours after a rain storm event then maintenance is required. 2 III Pervious/Permeable Paving PER PLAN 1/4" SPACING CLASS 2 AGGREGATE BASE--j PER 68 -1.025 OF CALTRANS SPECIFICATIONS - ORCOSTONE 80MM- AQUA -BRFC PAVER W/ 1/4° HAND TIGHT JOINTS PROVIDE 1% MIN. TO 5% MAX. SLOPE -THE UPPER 12° OF SUBGRADE TO BE COMPACTED TO MIN 95% IN ACCORDANCE WITH ASTM D 1557 ORCO AQUA -BRIC PERMEABLE INTERLOCKING PAVERS NO SCALE Note: for permeable /permeable and locations, see attached `BMP Locations" exhibit. 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, one of these times being before the rainy season Perform the following inspection to ensure the permeable 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. o If routine cleaning does not restore infiltration rates, then reconstruction of part or the whole of a pervious surface may be required o A sample section of 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 o Pervious pavers should be removed and replaced if clogging occurs and infiltration cannot be restored by vacuum cleaning Maintenance indicator for permeable pavers: If surface running water exists after a rain event or after a 5 gallon container of water is poured on the surface during routine testing (semi - annually) maintenance will be required and will consist of the above listed items for operation and maintenance. IV 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. Material Disposal 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. 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 1 l (State of California, 1985). Records Retention A log of 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. 4 BMP LOCATIONS N a r BLE PAVERS th ,_�� I A PERMEABLE BUILDING FOOTPRINT IFLOW T � It n EXHIBIT C BMP MAINTENANCE ACCESS EASEMENT THAT PORTION OF LOT 28 OF CITY OF POWAY, TRACT 88 -01, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12123, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 14, 1988, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 28; THENCE ALONG THE WESTERLY LINE OF SAID LOT 28 SOUTH 15 052'45" WEST, 67.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH 85 °48'26" EAST, 77.94 FEET; THENCE SOUTH 4 011'34" EAST, 81.20 FEET; THENCE SOUTH 55 °00'26" EAST, 25.80 FEET; THENCE NORTH 85 048'26" EAST, 72.28 FEET; THENCE SOUTH 04 °11'34" EAST, 20.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 28, THENCE CLOCKWISE ALONG THE SIDELINES OF SAID LOT 28 SOUTH 85 048'26" WEST, 194.01 FEET; THENCE SOUTH 39 044'43" WEST, 44.45 FEET; THENCE SOUTH 15 052'45" WEST, 50.23 FEET; THENCE SOUTH 25 °44'55" EAST, 60.22 FEET; THENCE SOUTH 15 052'45" WEST, 84.73 FEET TO THE BEGINNING OF A NONTANGENT 40.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 51 058'45" EAST FROM THE CENTER OF SAID CURVE; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 30 °58'58 ", A DISTANCE OF 21.63 FEET; THENCE NORTH 15 °52'45" EAST, 69.61 FEET; THENCE NORTH 25 °44'55" WEST, 60.22 FEET; THENCE NORTH 15 °52'45" EAST, 62.06 FEET; THENCE NORTH 39 044'43" EAST, 49.43 FEET; THENCE NORTH 15 °5245" EAST, 109.74 FEET TO THE TRUE POINT OF BEGINNING. NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON R.O.S. 7837. PREPARED Ey f WILLIAM YEN, RCE 33730 No wm UR 0 n J U N RM 2!� P.0•C ---/ ,I i T.P.0.8.� J' d. rn 0 N J I ■ J 2l2�f��2� �j J a / �O� b 0 SHEET' PL PER LOT — � D 8MAP 12123 v / \ NI 5* 52' 45"E 67.97' N47-17'00"E 155 00 440.20' / N7 9 29 48 L6 BMp MAINTENANCE — ACCESS EASEMENT 23 1 J 26 „E 621.27 48 Ng5 KEYMAP SCALE: 1 " =50' a l7�1 2 J 6 -1 -2 LINE DATA L1 N15'52'45 "E 69.61' L2 N25'44'55 'W 60.22' L3 N15'52'45 "E 62.06: L4 N39'44'43'E "E . 49.43 aOFESS /O oP M aq� C' L5 N15'52'45 N85'48'26 "E 133.06' 77.94' Y� N L6 L7 S4'1 1'34"E 81.20' w NO 33730 L8 N55'00'26 "W 25.80' L9 N85'48'26 "E "W 72.28' sr CIVIC qTP L10 N04'11'34 20.00' OF CA��F�a L11 S15'52'45 "W 84.73' L12 525'44'55 "E 60.22' L13 515'52'45 "W 50.23' L14 N39'44'43 "E 44.45' J CURVE DATA Cl D= 30'58'58" R= 40.00' L= 21.63' I OF 2 N LU LU LU LU 272-76-1-46 1 c NO 33730 N01'44'13 "E 249.01' LOT 23 272-78-1-44 OLD PL PER LOT 28 MAP 12123 1\ SCALE = 1"=50' clvl� �P*1 /-/Z � KEYMAP v OF CA��F� SCALE: 1"=50' SEE SHEET 1 SHEET 2 OF 2 EXHIBIT "D" BMP MAINTENANCE ACCESS EASEMEh