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