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Home My WebLink AboutCT 04-26; ROBERSTON RANCH EAST VILLAGE PA 16, 17 & 18; BMP FACILITIES MAINTENANCE RESPONSIBILITIES; 2010-06-10cfCONSULTA NTS Civil Engineering • Surveying ci 09 0 June 10, 2010 Shawnetta Grandberry, Senior Construction Inspector City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 RE: Robertson Ranch PA 16, 17, 18 CT04-26; PA 14 CT 07-03; PA 22 CT 09-01; PA 19 SDP 06-06; PA 21 CT 06-25 BMP Facilities Maintenance Responsibilities Dear Shawnetta: The operation and maintenance of the BMP facilities are addressed in the CC & R's recorded as Document No. 2010-0180925, April 13, 2010 in the County of San Diego California (see attached sections 8.46 and 8.47). Also, there are "Permanent Stormwater Quality Best Management Practice Maintenance Agreements" for PA 16, 17, 18 - Doc. No. 2008-0254600 Rec. May 12, 2008 PA 14 — Doc. No. 2010-01816 10 Rec. April 13, 2010 PA 19 - Doc.- No. 2008-0199441 Rec. April 15, 2008 PA 22 - City has not received the recorded copy yet. PA 21 - Doc. No. 2009-0314440 Rec. June 10, 2010 I Very truly yours, O'DAY CONSULTANTS, INC. George'O'Day Project Manager cc: Joe McMahon Greg McDonnell Adam Pevney N:\08 1245M I00609_Grandberry.doc O'Day Consultants Inc. 2710 Loker Avenue West, Suite 100 Carlsbad, California 92010-6609 E-mail: oday@odayconsultants.com Website: www.odayconsultants.com Tel: 760.931.7700 Fax: 760.931.8680 RECORDED REQUEST OF First American Title SURDI VISION MAPPING DEPT Recording Requested By and When Recorded Mail To: p HEcHT SOLBERO ROBINSON GOLDBERG & BAGLEY LLP Ms. Marianne F. Adnatico 600 West Broadway, Eighth Floor San Diego, California 92101 4226 I -'j/. 3 DOC# 2010-0180925 1111111 DI DIII 111111110 1110 11111 liii 11111 11111 11111 11111 liii lilt APR 13, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 33000 WAYS: 3 PAGES: 102 1101110111 11011111111Hill 111110111 Bill Hill 111110111111110111Oil IN AMENDED AND RESTATED DECLARATION OF RESTRICTIONS FOR THE FOOTHILLS AT CARLSBAD e 2/1110 012200-0071 389057_2 4262 City. The sight distance corridors within the Initially Covered Property are shown on Exhibit "H" attached hereto. Sight distance corridors for Lots in other Phases may be shown on a Declaration of Annexation, a Supplemental Declaration or other recorded document. An improvement will be deemed to encroach within a sight distance corridor if the improvement restricts or impedes the ability of a motorist at an intersection to identify approaching vehicles pursuant to Caltrans sight distance and City sight distance standards. section VAU water and sewer systems. No InOIvlaual water supply system, water softener system or sewage disposal systems shall be permitted on any Lot unless the system is designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of any applicable water district, the City and any applicable governmental health authority having jurisdiction. Section 8.41 Open Space Easements. Easements may be established for open space areas. Each Owner and the Association shall at all times comply with the applicable requirements and restrictions so imposed, including, but not limited to, restrictions on development in open space easements. For example, no private development shall be allowed which is inconsistent with any open space restriction that is dedicated to the City nor on any open space tot owned by the City except as may be specifically permitted by the City. Section 8.42 Fire Suppression Zones. Portions of the Properties are within Fire Suppression Zones. Each Owner and the Association shall at all times comply with all applicable requirements and restrictions imposed by the City on such areas, including, but not limited to, restrictions on construction and landscaping in Fire Suppression Zones. Section 8.43 Expansive Soils. Some or all of the Lots may have expansive soils which require concrete, flat work, pools, walls and other improvements to be specially designed and constructed. Failure to do so can result in cracking and structural problems by reason of the expansive soils. Owners should consult with an engineer, architect or other appropriate professional before constructing any such improvements. Section 8.44 Post-Tensioned Slabs. The residences on some or all of the Lots may have been constructed with post-tensioned concrete slabs ("System"). The System involves placing steel cables under high tension in the concrete slab located beneath the residence. Each Owner shall be responsible for determining whether the residence on his Lot has been constructed with a System. Any attempt by an Owner or other person to alter or pierce the foundation (e.g., saw cutting or drilling) could damage the integrity of the System and/or cause serious injury or damage to persons and property. No Owner shall cut into or otherwise disturb the System upon which the residence on his Lot is constructed. The Owner of each Lot on which the residence has been constructed with a System agrees that neither Declarant nor any contractor of Declarant shall be responsible for any damage or injury resulting from or arising in connection with the alteration or piercing by the Owner or any employee, agent, family member, representative or other person of the slab or the foundation of the residence on the Lot. Each Owner shall hold Declarant harmless from and indemnify Declarant against all claims, demands, losses, costs (including attorney's fees), obligations and liabilities arising out of or in connection with the failure of the Owner to comply with the provisions of this Section. Section 8.45 Outdoor Lighting. Outdoor lighting on a Lot shalt be shaded and adjusted so the light falls only on the Lot on which the lighting is located and does not fall or reflect on other Lots. Section 8.46 Reduction of Surface Pollutants. The Association shall coordinate the programs established by the City from time to time to advise Owners with the removal and proper disposal of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids shall not be discharged into any street or drive, public or private, or into any storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments must, as prescribed in their respective containers, meet Feaeral, State, County and City requirements. Best Management Practices (as referenced in the "California Storm 211110 31 012200.0071 3690572 4263 ater Best Management Practices Handbook") shall be used to eliminate or reduce surface pollutants ien planning any changes to the landscaping and surface improvements. Section 8.47 Water Quality Protection. Governmental Requirements. To protect the quality of our nations waters, a number of federal, state and local laws, ordinances, rules, regulations and orders prohibit the discharge of anything other than natural rain water into storm drain systems, including gutters and streets that drain into storm drains. These governmental requirements include the Clean Water Act, the National Pollution Discharge Elimination System, orders. and permits of the State Water Resources Control Board and the Regional Water Quality Control Board, the ordinances and regulations of the City and County, and any Storm Water Pollution Prevention Plan covering the Community. Each Owner shall comply with all such governmental requirements. Prohibited Discharges. Most discharges of anything other than natural rain water into storm drain systems are unlawful and may result in significant penalties and fines. No Owner shall discharge or permit to be discharged (for example, by a contractor working for the Owner) any of the following into any street, gutter, storm drain or storm water conveyance system: toxic or hazardous chemicals, hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinner, wood preservatives, fertilizers, lawn clippings, yard waste, detergents, pet waste, or other similar materials or pollutants. (C) Use of Certain Chemicals. Each Owner shall comply with and cause its contractors to comply with all federal, state and City requirements, and the requirements of any other applicable governmental agency regarding the use, storage and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemicals. Owners should consult with the City, other governmental authorities, and their refuse hauler regarding the proper disposal of any toxic or hazardous materials. Spillage. Each Owner shall ensure that any landscaping and construction materials brought into the Community by the Owner or the Owners contractors shall be properly contained to prevent spillage into any street, gutter or storm drain system. Should a spillage occur, the Owner shall (or cause the contractor responsible for the spill to) sweep the spilled material and place it in a container; it shall not be washed into any storm water curb drain inlet. Each Owner shall prevent erosion and the runoff of soil and other sediment from the Owners Lot into any street, gutter or storm drain system. Compliance with Storm Wafer Management Plan. The Association, with respect to the Association Property and Association Maintenance Area, and each Owner, with respect to his or her Lot, shall comply with the Storm Water Management Plan approved by the City for the Community, as such plan may be amended from time to time. The Association shall implement and follow the Best Management Practices set forth in such plan and the Association shall at all times comply with post construction Best Management Practices that apply to the Association Property or the Association Maintenance Area. For example, the Association shall do the following: Clean any depollutant facility within the Association Property or Association Maintenance Area yearly by mowing, removing vegetation, removing silt and repairing storm drain inlet/outlet when needed; Replacing inlet label tiles as needed (Declarant expects there will be approximately 32 inlets); Cleaning storm drain inlet baskets quarterly if required (Declarant expects there will be approximately 32); 211110 32 012200.0071 388057_2 4264 (iv) Replacing hydrocarbon absorption units quarterly if required (Declarant expects there will be approximately 32 such units). The Association shall be responsible for maintaining reasonable records required to verify its compliance with these provisions. Such records shall be made available for inspection by representatives of the City as requested. Indemnity. Each Owner shall indemnify, protect, defend and hold Declarant, each Guest Builder and the Association harmless from any and all claims, liability, actions, penalties or damages (including attorneys' fees, experts' fees and costs of suit) arising from or attributable to the Owners failure to comply with the requirements of this Section 8.47. Depollutant Facility Easements Reserved. Declarant hereby reserves the following easements over, under, upon and across Planning Area 20, which will become effective upon annexation of Planning Area 20 to this Declaration: Easements to allow the drainage into a depollutant facility from any property which the depollutant facility was designed to service. Section 8.48 Easement Reservations. The rights and duties of the Owners of Lots with respect to sanitary sewer, water, electricity, gas, television cable (or CATV service) and telephone lines, and other facilities, shall be governed by the following: Each Owner shall maintain those facilities and connections located upon his Lot which are not maintained by the respective utility company or public agency. Wherever sanitary sewer, water or gas connections, television cables, electricity or telephone lines are installed within the Community and it becomes necessary to gain access to the connections, cables and/or lines through a Lot owned by someone other than the Owner of the Lot served by the connections, cables and/or lines, the Owner of the Lot served by the connections, cables and/or lines shall have the right, and is hereby granted an easement to the full extent necessary, to enter upon such other Lot or to have the utility companies enter upon such other Lot to repair, replace and generally maintain the connections, cables and/or lines. (C) Whenever sanitary sewer, water or gas connections, television cables, electricity or telephone lines are installed within the Community and the connections, cables and/or lines serve more than one (1) Lot, the Owner of each Lot served by the connections, cables and/or lines shall be entitled to the full use and enjoyment of the portions of the facilities which service his Lot Irrigation lines and facilities that serve Association Property or Association Maintenance Area may be installed within Lots. The Association is hereby granted an easement over, under, upon and across each such Lot for the use, maintenance, repair and replacement of the irrigation lines and facilities in the actual location where such lines and facilities are installed by Declarant or a Guest Builder. The approximate location of any such irrigation lines and facilities may be shown in a Declaration of Annexation, a Supplemental Declaration, easement deed or other recorded instrument. No Owner shall construct any improvements on any utility easement area of record which will unreasonably interfere with the maintenance and repair of the facilities located in the easement, without the prior written consent of the appropriate utility company or easement owner. Section 8.49 Preserve. The Preserve, which adjoins some Lots and is adjacent to others, is natural open space that will be managed to protect its resources. Because of the proximity of the residences in the Community to this protected land, the Community will be responsible for controlling actions that could directly or indirectly harm the plants or animals in this natural area. The intent of the 211110 33 012200.0071 389057_2 DOC# 2008-0254600 RECORDING REQUESTED BY: Ito ( . 111111111 111111111111111111111111111111111111111111111111111111 111111 City of Carlsbad MAY 12, 2008 4:01 PM Development Services Department OFFICIAL RECORDS WHEN RECORDED MAIL TO: SAN DIEGO COUNTY RECORDERS OFFICE GAEGORYJ. SMITH, COUNTY RECORDER FEES: 30.00 City Clerk PAGES: 8 City of Carlsbad 1200 Carlsbad Village Dr. I DIII VIII 111111111111111111111111111111111111111111111111111111111111 Carlsbad, CA. 92008 SPACE Abiuve I illS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. CT 04-26 PERMANENT STORM WATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: OWNER NAME: Calavera Hills II, LLC, a California limited liability company PROJECT NAME: Robertson Ranch East Village P.A. 16, 17, 18 RESOLUTION NUMBER: PC Reso 6343 dated October 3, 2007 CONDITION NUMBER: 49 DRAWING NUMBER: DWG 453-8 STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: SWMP 070039 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, named on the current Deed of Trust as referenced above, 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 homeowners association. RECITALS 10F6 Rev 11/28=7 DOC# 2008-0199441 RECORDING REQUESTED BY .J 111111111111111111111111111111111111111111111111 11111111111111 City of Carlsbad APR 15, 2008 2:39 PM C f) Development Services Department OFFICIAL RECORDS / SAN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED MAIL TO: GREGORY J. SMITH COUNTY RECORDER FEES: 0.00 City Clerk PAGES: 9 City of Carlsbad 1200 Carlsbad Village Dr. I 10111 Hill liii Hill I1HI Hill hlllllIi Hill liii IlIlOhIllIll liii liii liii Carlsbad, _CA. _92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 168-360-05 PROJECT NO. SOP 06-06 PERMANENT STORM WATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: Mftsc /-z..c,o OWNER NAME: Calavera Hills II, LLC, a California limited liability company PROJECT NAME: Robertson Ranch P.A. 19 RESOLUTION NUMBER: 6347 CONDITION NUMBER: 18 DRAWING NUMBER: DWG 453-9A STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: 080001 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, named on the current Deed of Trust as referenced above, 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 homeowners association. RECITALS WHEREAS, Owner is proceeding to develop a property more particularly described in Exhibit A, hereinafter referred to as "the Property"; and 1OF6 Rev12l2&2007 DOC# 2010-0181610 1111101 III 11111 11111 1111 11111 11111 liii lIlt DIII 11111 01111111111 APR 13, 2010 9:57 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: 10 111111 11111 11111111111111 liii Hill Hill liii Hill Hill liii Hill liii Iii IIIIII RECORDING REQUESTED BY: City of Carlsbad Development Services Department P.t' WHEN RECORDED MAIL TO: Joe NK City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 168-360-04-00 PROJECT ID. CT 07-03 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: MAC4 i 1010 OWNER NAME: .Brookfield Robertson PA 16 LLC PROJECT NAME: Robertson Ranch PA 14 RESOLUTION NUMBER: 6491 CONDITION NUMBER: 48 DRAWING NUMBER: 465-4A STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: 09-21 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, named on the current Deed of Trust as referenced above, 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 2/12/09 Page 1 of 7 rTh, 7r DOC# 2009-0314440 I 1111111111111111111113 1111111111111111111111111111111111110111 JUN 10, 2009 11:01 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE 6 DAVID L. BUTLER, COUNTY RECORDER FEES: 3600 IDF PAGES: 10 0101101101111111011111 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO. 168-360-02,1M360-08 PROJECT ID. cr 06-25 RECORDING REQUESTED BY: City of Carlsbad Development Services Department WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: M+)' 14 2.001 OWNER NAME: Calavera Hills Ii LLC PROJECT NAME: Robertson Ranch East Village PA 21 RESOLUTION NUMBER: 6386 CONDITION NUMBER: 58 DRAWING NUMBER: DWG 461-6A STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: 01 000 b 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, named on the current Deed of Trust as referenced above, 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 homeowners association. RECITALS WHEREAS. Owner is proceeding to develop a property more particularly described in Exhibit A. hereinafter referred to as 'the Property; and V129 Page 1 of 7 RECORDING REQUESTED BY: City of Carlsbad Development Services Department WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 168-360-03 /168-050-55 PROJECT ID. CT 09-01 PERMANENT STORM WATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: OWNER NAME: Calavera Hills II, LLC, a California limited liability company PROJECT NAME: Robertson Ranch PA 22 RESOLUTION NUMBER: 6661 CONDITION NUMBER: 34 DRAWING NUMBER: 466-8A STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: 09-28 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, named on the current Deed of Trust as referenced above, 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 2/12/09 Page 1 of 7