HomeMy WebLinkAboutCT 2017-0003; Woodside 05S, LP; 2024-0278459; Permanent Stormwater AgreementRECORDING REQUESTED BY:
City of Carlsbad
Development Services Department
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2024-0278459
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Oct 16, 2024 12:23 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $44.00 (SB2 Atkins: $0.00)
PAGES: 11
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 223_050_73_00 ---------------
PROJECT ID. CT 2017-0003
PERMANENT STO RMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT
DATE OF AGREEMENT: October 15, 2024 -----'----------------------
O W NE R NAME: Woodside 055, LP., a California limited partnership
PROJECT NAME: La Costa Town Square Parcel 3 Residential
RESOLUTION NUMBER: 7391 APPROVAL DATE: 12/2/2020 --------'-------...:........'-----------------
CONDIT 1O N NUMBER: 41 --------------------------
DRAWING NUMBER: DWG 536-18 __ ;__;__ _____________________ _
This Agreement is made and entered into by and between the City of Carlsbad, California, a Municipal
Corporation of the State of California, hereinafter referred to as "City"; and the Property Owner, its
successors, and assigns, hereinafter referred to as "Owner". The term "successors and assigns" as used in
this Agreement includes, but is not limited to, an "Association" as defined in Civil Code Section 1351(a) and
commonly referred to as a property owners association.
RECITALS
WHEREAS Owner is proceeding to develop a property more particularly described in Exhibit A,
hereinafter referred to as "the Property"; and
WHEREAS, development of the Property has been approved by the City, and is subject to the
requirements of the State of California Regional Water Quality Control Board-San Diego Region Order No.
ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works
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Department, Storm Water Standards Manual, 2004 Edition, hereinafter referred to as "storm water
regulations" and incorporated herein by this reference: and
WHEREAS the Owner is required to comply with all Federal, State and Local storm water regulations
by employing permanent post-construction Best Management Practices (BMP's), hereinafter referred to as
"permanent BMP(s)"to ensure impacts to storm water quality are mitigated to the Maximum Extent
Practicable (MEP) prior to being discharged from the Property; and
WHEREAS, the City and the Owner, its successors and assignees agree that the health safety, and
welfare of the residents of Carlsbad, California, require that permanent BMP(s) be established, constructed,
inspected, and operated and maintained in perpetuity on the Property; and
WHEREAS the storm water regulations require that permanent BMP(s) be established, constructed,
and adequately inspected, operated and maintained by the Owner, its successors and assigns, including any
homeowner or property owner association; and
WHEREAS, the Owner has caused to be prepared a Storm Water Management Plan (SWMP) report
and drawing(s) which together detail the objectives, design, construction, inspection and operation and
maintenance responsibility requirements of the permanent BMP(s) recommended to mitigate impacts to
storm water quality due to the development of the Property, hereinafter collectively referred to as the
"Storm Water BMP Plan" and incorporated herein by this reference; and,
WHEREAS, storm water regulations require that the City ensure the continued existence
and inspection, operation, and maintenance of the permanent BMP(s); and
WHEREAS, the City has required the recordation of this Agreement as a condition of approval of the
project that secures the construction, inspection, operation and maintenance of on-site permanent BMP(s)
by the Owner, its successors, and assigns, including any property owner's association, in perpetuity, and
NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises,
the mutual covenants contained herei n, and the following terms and cond itions, Owner and City
agree as follows:
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1. Owner shall comply with all the requirements of said storm water regulations and any
applicable amendments thereto, and with any other provisions of law.
2. The permanent BMP(s) shall be established and constructed by Owner, its successors, and
assigns, in accordance wit h the plans and specifications identified in the Storm Water BMP Plan and
modification to the approved permanent BMP(s) shall not be made without prior approval of the City
Engineer.
3. Owner, its successors, and assigns, including any homeowner or property owner associatio n,
shall adequately, inspect, operate and maintain the permanent BMP(s). This includes private (non-public)
pipes and channels built to co nvey storm water to the facility, as well as all private structures,
improvements, and vegetation provided to control the quantity and quality of the storm water runoff and
any associated practices and programs. Adequate maintenance is herein defined as good working condition
so that the permanent BMP(s) are performing in accordance with their design objectives and functions.
4. Owner, its successors, and assigns, shall inspect applicable permanent BMP(s) as often as
conditions require, or at frequencies recommended in the approved Storm Water BMP Plan, but in any
event at least once each year prior to the rainy season. The purpose of the inspection is to assure continued
safe and proper functioning of the facilities. The inspection shall cover t he entire facilities, berms, outlet
structure, pond areas, access roads, etc. Owner sha ll submit an inspection report annually to the City in a
form as prescribed in the Storm Water BMP Plan or as may be prescribed by the City. Deficiencies shall be
noted in the inspection report. Any deficiencies, repairs or maintenance obligations shall be noted in a
record form and immediately remedied by the Owner.
5. Owner shall maintain inspection, operation, and maintenance records for at least five (5) years.
These records shall be made available to the City for inspection upon request at any time.
6. Owner, its successors, and ass igns, hereby grant permission to the City, its authorized agents,
and employees, to enter upon the Property and to inspect the permanent BMP (s) whenever the City deems
necessary. The purpose of inspection is to follow-up on reported deficiencies to respond to State and
Federal mandated storm water facility inspection requirements and/or to respond to citizen complaints.
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The City shall provide Owner, its successors and assigns, copies of the inspection findings and a directive to
commence with the repairs or corrective measures if necessary.
7. In the event the Owner, its successors and ass igns, fails to take corrective action to maintain
the permanent BMP(s) in good working condition acceptable to the City, the City may enter upon the
Property and take whatever steps necessary t o correct deficiencies identified in the inspection report and to
charge the costs of such repairs to the Owner, its successors, and assigns. This provision shall not be
construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of
the easement for t he permanent BMP(s), if an easement is provided, or outside the limits of the permanent
BMP(s) facility footprint described on the Storm Water BMP Plan if an easement is not provided. It is
expressly understood and agreed that the City is under no obligation to routinely maintain, or repair said
facilities, and in no event shal l this Agreement be constru ed to impose any such obligation on the City.
8. Owner, its successors, and assigns, will perform the work necessary to keep the permanent
BMP(s) in good working order as appropriate. In the event a maintenance schedule for the permanent
BMP(s) is outlined in the approved Storm Water BMP Plan, the schedule shall be followed.
9. In the event the City pursuant to this Agreement, performs work of any nature, or expends any
funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner,
its successors, and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof
for all actual costs incurred by the City hereunder. If not paid within the prescribed time period, the City
shall secure a lien against the Property in the amount of such costs. The actions described in this section are
in addition to and not in lieu of any and all legal remedies available to the City as a result of Owner's failure
to maintain the permanent BMP(s).
10. Owner agrees that the permanent BMP(s) are privately-owned, operated and maintained by
the Owner and acceptance of the work by the City shall not constitute a responsibility of the City to maintain
them nor a Waiver of Defects by City.
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11. Owner agrees that all residual material that is a byproduct of the proper operation and
maintenance of permanent post-construction BM P's (waste} will be disposed of according to all federal,
state, and local regulations.
12. Unless otherwise specifically provided herein, all notices, demands or other communications
given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery,
or by Federal Express (or similar reputable express delivery service} or by facs imile transmission with back-
up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail,
return receipt requested, postage prepaid, addressed as shown below. Notices required to be given to
Owner shall be addressed as follows:
Notices to the Owner sha ll be delivered to the following:
Name: Woodside 05S, LP.
Address: 1250 Corona Pointe Court, Suite 500
Address: Corona, CA 92879
Telephone No.: 951-710-1900
E-mail Address: craig.moraes@woodsidehomes.com
Notices to City shall be delivered to the following:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attention: City Engineer
Telephone No.: {442) 339-2750
Each party shall notify the other immediately of any changes of ownership or address that
would require any notice delivered hereunder to be directed to another Owner and/or to another address.
In the event Owner fai ls to notify City of any change of ownership, the new Owner and the Owner whose
name appears above, or whose name and address has been subsequently provided to the City pursuant to
this provision, shall jointly be responsible for the operation and maintenance of any permanent post-
construction BMP's on the Property and for any required annual verification statements until such time as
the City is provided notification of the name and address of the new or subsequent Owner, pursuant to the
provisions of this section.
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13. The City or any officer or employee thereof shall not be liable for any injury to persons or
property occasioned by reason of the acts or omission of Owner, its agents, or employees in the
performance of this Agreement. Owner further agrees to protect and hold harmless City, its officials, and
employees from any and all claims, demands, causes or action, liability, or loss of any sort because or arising
out of acts or omissions of Owner, its agents or employees in the performance of this Agreement, including
claims, demands, causes of action, liability, or loss because of or arising out of the design or construction of
the permanent post-construction BMP facilities. Said indemnification and Agreement to hold harmless shall
extend to injuries to person and damages or taking of property resulting from the design or construction of
said permanent BMP(s) as provided herein, and t o adjacent property owner as a consequence of the
diversion of waters from the design, construction or maintenance of drainage systems, streets, and other
improvements.
14. This Agreement shall be recorded against the Property and shall const itute a covenant running
with the land and shall be binding upon Owner.
15. Inva lidation of any one of the provisions of this Agreement shall in no way effect any other
provisions and all other provisions shall remain in full force and effect.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
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IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad, acting by and through its
City Manager, pursuant to Section 20.16.060 of the Carlsbad Municipal Code authorizing such execution,
and by Owner.
WOODSIDE 05S, LP., a Ca lifornia limited
partnership
By:
By: WDS GP, INC., a California co rporation
Its General Partn
Andrew John Jarvis
(print name here)
Vice President
WDS GP, INC.
(title and organization of signatory)
CITY OF CARLSBAD, a munici pal corporation of
the State of California
Engineering Manager
(Proper notarial acknowledgment of execution by OWNER must be attached)
(Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial
Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the
corporation.)
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public orotherofficer completing this certificate verifiesonlythe 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
County of r;2. I Vfill (i\Q. }
On ,S(.p:btmw llf1ii, 2o24 before me, Clo.if-kn N'o-tic:ut,i foster, N'tm~ flli:i{c.,.
Date 11-.,.,.J ·~•. _ j J:eln~ertNameandTltleoftheOffl er
personally appeared 7 IV Wl.ttv O ~ h , '(J. rv IS.-
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed
to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
CAIT\.IM MO£LAMI FOSTER
Motary Public • California lE-
~ Rtverslde County ►
»i-.:l/Q\tl'!f/ Commission It 2448796
My comm. Expires Jun 1, 2027
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and correct.
WITNESS my hand and offlclal seal.
Signature ~1U.Jz.
Signature of Notary Public
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: _____________ .._.::::... __________ _
Document Date: --------------~..:;_ ____ Number of Pages: ___ _
Signer(s) Other Than Named Above: ----7"'"-------------------
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ------~L.. ___ _
□ Corporate Officer -Tltle(s),:.,: ,,c_ _____ _
o Partner -o Limited eneral
Signer's Name: ___________ _
□ Corporate Officer -Tltle(s): ______ _
□ Partner -o Limited o General
o Individual o Attorney In Fact o Individual o Attorney In Fact
□ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator
o Other:
epresentlng: ________ _ Signer Is Representing: ________ _
0 2019 National Notary Association
Page 8 of 8 01/25/13
ACKNOWLEDGMENT
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
County of SAN DIEGO
on October 15, 2024 before me, AMBER DAN, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared _J_a_s_o_n_S_._G_e_l_d_ert ____________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/t~ey executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ld:v\A~ _____,-(Seal)
········~ AMIER DA~
~otiry ~ublic • C.lifcr,,t 1 S•n Dieto Coi.nr1 ~
Commission# 246683c -
y Comm. Expir~ Oct 17, 2C2~
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL A:
PARCEL 3 OF CITY OF CARLSBAD MINOR SUBDIVISION 04-08 RECORDED BY THE COUNTY RECORDER
OF THE COUNTY OF SAN DIEGO ON JULY 11, 2012 AS PARCEL MAP NO. 20982.
EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL
GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL
STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN
OR UNDER WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLAN PARALLEL TO
AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL
RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND
REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO
WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL,
WATER, OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF
THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO
RE -DRILL, RE -TUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES,
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE
SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS
RESERVED BY DAON CORPORATION IN DEED RECORDED JUNE 23, 1983 AS INSTRUMENT NO. 1983-
212476 OFFICIAL RECORDS.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN ACCESS UPON, OVER AND AC~OSS THAT PORTION OF
LOT 17 OF CARLSBAD TRACT 01-09 LA COSTA TOWN SQUARE -COMMERCIAL/IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
15998, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 5, 2014,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 17; THENCE
ALONG THE WEST LINE OF SAID LOT NORTH 34°57'39" WEST, 66.98 FEET, THENCE NORTH 32°50'49"
EAST, 16.68 FEET; THENCE NORTH 06°32'56" WEST, 48.93 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY LINE NORTH 25°34'23" EAST, 35.81 FEET TO THE BEGINNING OF A
25.00 RADIUS CURVE CONCAVE SOUTHEASTERLY, THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 47°36'14" A DISTANCE OF 20.77 FEET; THENCE NORTH
73°10'37" EAST, 8.38 FEET; THENCE NORTH 28°26'47" EAST, 70.22 FEET; THENCE NORTH 61 °55'24"
WEST, 29.70 FEET; THENCE NORTH 28°39'08" EAST, 6.75 FEET; THENCE NORTH 02°11'43" EAST, 56.00
FEET; THENCE NORTH 22°05'36" WEST, 119.23 FEET; NORTH 03°11'49" WEST, 86.40 FEET; THENCE
NORTH 21°19'10" WEST, 16.06 TO THE WESTERLY LINE OF SAID LOT 17 AND THE POINT OF
TERMINUS.
THE SIDELINES OF THE HEREINABOVE DESCRIBED 10.00 FOOT WIDE STRIP OF LAND TO BE
SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHERLY AND SOUTHERLY IN THE WESTERLY
LINE OF LOT 17.
PARCEL C:
AN EASEMENT FOR DRAINAGE PURPOSES OVER, UNDER, UPON AND ACROSS THAT PORTION OF LOT
15 OF CARLSBAD TRACT 01-09 LA COSTA TOWN SQUARE -COMMERCIAL, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 15998, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 5, 2014, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 OF TRACT NO. 04-08 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 20982 FILED IN THE OFFICE OF THE COUNTY OF SAID COUNTY JULY 11, 2012; THENCE ALONG
SAID WESTERLY LINE OF SAID PARCEL SOUTH 22°17'46" EAST, 191.06 FEET, THENCE SOUTH
13°16'26" EAST, 26.16 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF LA COSTA
AVENUE AS DEDICATED PER DOCUMENT NO. 77-281161, SAID POINT BEING THE BEGINNING OF A
NON TANGENT 958.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 13°16'26" WEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 16°24'20", A DISTANCE OF 274.31 FEET; THENCE LEAVING SAID
RIGHT OF WAY NORTH 26°29'00" WEST, 8.33 FEET, THENCE NORTH 12°29'49" WEST, 5.87 FEET;
THENCE NORTH 17°34'49" EAST, 70.57 FEET; THENCE SOUTH 89°45'39" EAST, 10.42 FEET, THENCE
NORTH 71°59'03" EAST, 132.73 FEET; THENCE SOUTH 75°09'31" EAST, 6.03 FEET; THENCE SOUTH
50°08'27" EAST, 35.79 FEET TO THE POINT OF BEGINNING.
APN: 223-050-73-00