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HomeMy WebLinkAboutCT 07-05; City of Carlsbad; 2008-0614636; Permanent Stormwater AgreementDGC# 2008-0614636 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 DEC 01, 2008 3:52 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES:11 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 213-110-03 PROJECT ID. CT07.05 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT:OC-TQ t Z.QQ8 OWNER NAME: L.C. Greens 1.3 LLC, a Delaware limited liability company PROJECT NAME: La Costa Greens N. 1.3 RESOLUTION NUMBER: 6403 CONDITION NUMBER: 45 DRAWING NUMBER: FM 07-05, DWG 457-8A STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: 08-13 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 1 OF 6 Rev 1/29/2008 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. 2001-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works Department, Standard Urban Storm Water Mitigation Plan-Storm Water Standards, 2003 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 assigns 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 2 OF 6 Rev 1/29/2008 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 owners association, in perpetuity, and NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, Owner and City agree as follows: 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 with 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 association, shall adequately, inspect, operate and maintain the permanent BMP(s). This includes private (non-public) pipes and channels built to convey 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 the entire facilities, berms, outlet structure, pond areas, access roads, etc. Owner shall submit an inspection report annually to the City in a form as proscribed in the Storm Water BMP Plan or as may be proscribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies, 3 OF 6 Rev 1/29/2008 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 assigns, 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. 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 assigns, 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 to 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 the 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 shall this Agreement be construed 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, 4 OF 6 Rev 1/29/2008 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. 11. Owner agrees that all residual material that is a byproduct of the proper operation and maintenance of permanent post-construction BMP's (waste) will be disposed of according to all federal, state and local regulations. 12. 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 to adjacent property owner as a consequence of the diversion of waters from the design, construction or maintenance of drainage systems, streets, and other improvements. 13. This Agreement shall be recorded against the Property and shall constitute a covenant running with the land and shall be binding upon Owner. 14. Invalidation 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. 5 OF 6 Rev 1/29/2008 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. OWNER(S): L.C. Greens 1.3 LLC, a Delaware limited liability company (Name of Owner) By: (sign here) DANNY GABRIEL (print name here) Manager CITY OF CARLSBAD, a municipal corporation of the State of California ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2010 (title and organization of signatory) (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: RONALD R. BALL City Attorney By:. Deputy City Attorney 6 OF 6 Rev 1/29/2008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LT f. '<2 Efete personally appeared before me, Here Insert Narfg and Title of the Officer Name(s) of Signer(s) M.LLUCU8 MM. #1707573i* CM MI 7U ^,?: * JH3?.. who proved to me on the basis of satisfactory evidence to be the pereorifs^whose name(s)^are subscribed to the within instrument and acknowledged to me that /fi|/sheAhey executed the same in $yher/their authorized capacity!^, and that by (h^her/their signature^) on the instrument the person(s^or the entity upon behalf of which the person(^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL- Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: • • Document Date: . • . . ••. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: •;. . D Individual D Corporate Officer — Title(s): . D Partner -f'-d Limited d General d Attorney in Fact D Trustee D Guardian or Conservator D Other: •• RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): ' D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: • Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ^ O2007 National Notary Association' 9350 DeSoto Ave., P.O. Box 2402 •Chatsworlh.CA 9131 #5907 ReorderCaJITol^Frse 1-800^76-6827 COPY Doc ER-08-06 03/13/2008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTm^m^^©s^^^s(}S&^s^>^simi&s^<s^K^^i&s&s&^^^^^>sf^s^^K State of California County of On Date personally appeared before me. Here Insert Name and T|tlrf of the Officer Name(s) of Signer(s) 1Ttmi i. towuv CenmriMton * 1773SM Notwy PutoMc • Ccrtttwrto I Son OMto County who proved to me on the basis of satisfactory evidence to be the person^ whose name($ is/aje" subscribed to the within instrument and acknowledged to me that he/sbe'/they executed the same in his/h^r/thgrfr authorized capac\ty(\ed), and that by his/heffthpff signature(s/on the instrument the person^ or the entity upon behalf of which the person(s^f 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. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above:U Capacity(ies) Claimed by Signer(s) Number of Pages: \c? \T~ Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — H Limited D General Attorney in Fact RIGHTTHUMBPRINT OF SIGNER Signer's Name: Q Individual D Corporate Officer — Title(s): Partner — D Limited D General Attorney in Fact RIGHTTHUMBPRINT OF SIGNER LJ Trustee Li Guardian or Conservator Q Other: Signer Is Representing: Top of thumb here D Trustee n Guardian or Conservator LJ Other: Sianer Is Representing: Top of thumb here ^©2007 National Notary Association• 9350 De Soto Ave., RO. Box 2402 'Chatsworth, CA 91313-2402' www.NationalNotary.org Item #!I76-6827 COPY EXHIBIT 'A' See Attached 1 OF 1 Rev 08/09/2007 EXHIBIT "A' Parcel A: Parcel 4 of Parcel Map No. 20174, in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the Office of the County Recorder of San Diego County, December 20, 2006 as File No. 2006-0901065 of Official Records. Parcel B: A non-exclusive easement for drainage of surface waters, installation of utilities, access, ingress and egress, pursuant to Reciprocal Easement Agreement recorded June 29,2007 as File No. 2007-0439413 of Official Records, over, across and through that certain strip of land on Parcel 2 of said Parcel Map No. 20174, described as follows: Being a 30.00 foot wide strip of land lying 15.00 feet on each side of the following described centerline: Commencing at the southwest corner of said Parcel 2; thence along the southerly boundary of said Parcel, South 60°23'54" East 30.69 feet to the true point of beginning; thence North 29°40'00" East, 278.65 feet to the beginning of a 400.00 foot radius curve concave southeasterly; thence northeasterly along the arc of said curve through a central angle of 19°14'00" an arc distance of 134.27 feet; thence North 48°54'00" East, 146.55 feet to the beginning of a 200.00 foot radius curve concave northwesterly; thence f: northeasterly along the arc of said curve through a central angle of 39°00'30" an arc distance of 136.16 feet; to the southerly line of Camino Vida Roble and the point of terminus. The sidelines of said 30.00 foot wide strip of land shall be extended or shortened so as to terminate southerly in said southerly boundary of Parcel 2 and northerly in the southerly line of Camino Vida Roble. Parcel C: A non-exclusive easement to install, maintain and repair certain landscaping improvements (including without limitation, sprinklers and drainage facilities), reciprocal and incidental uses appurtenant thereto, pursuant to Easement Agreement recorded June 29,2007, as File No. 2007- 0439413 of Official Records, on, over, through and across those portions of Parcel 2 of said Parcel Map No. 20174, described as follows: Parcel 1: Commencing at the southeasterly terminus of that certain course hi the southerly right of way line of Camino Vida Roble as shown and described on said Parcel Map as "N52°23'40"W 50.00", said point being the beginning of a tangent 50.00 foot radius curve, concave northerly; thence easterly along said southerly right of way line and the arc of said curve through a central angle of 25°44'43" an arc distance of 22.47 feet to a point hereinafter referred to as point "a"; thence continuing along said southerly right of way line and the arc of said curve through a central angle of 36°16'26" an arc distance of 31.66 feet to the true point of beginning; said point being the beginning of a non-tangent 215.00 foot radius curve concave northwesterly a radial line to said point bears South 24°24'50" East; thence leaving said southerly right of way line southwesterly along the easterly sideline of an existing 300.00 foot wide general utility and access easement granted per said Parcel Map and along the arc of said curve through a central angle of 40°50'49" an arc distance of 153.28 feet; thence continuing along said easterly sideline the following; South 48°54'00" West, 146.55 feet to the beginning of a 385.00 foot radius curve EXHIBIT "A" (continued) concave southeasterly; thence southwesterly along the arc of said curve through a central angle of 19°14'00" an arc distance of 129.24 feet; thence South 29°40'00" West, 278.63 feet to the southwesterly line of said Parcel 2; thence leaving said easterly sideline along said southwesterly line, South 60°23'54" East, 34.00 feet; thence leaving said southwesterly line North 35°43'40" East, 49.09 feet; thence North 24°28'26" East, 51.64 feet; thence North 18°57'25" East, 100.39 feet; thence North 11°19'29" East, 24.11 feet; thence North 24°26'20" East, 15.74 feet; thence North 35°03'07" East, 42.69.feet; thence North 20°41'36" East, 21.39 feet; thence North 27°23'48" East, 14.41 feet; thence North 36°16'18" East, 17.95 feet; thence North 45°0r04" East, 25.36 feet; thence North 55°36'49" East, 14.84 feet; thence North 40°20'50" East, 31.59 feet; thence North 45°35'02" East, 20.12 feet; thence North 55°58'13" East, 8.03 feet; thence North 64°23'42" East, 15.34 feet; thence North 70°52'45" East, 35.94 feet; thence North 46°13'39" East, 20.63 feet; thence North 35°16'28" East, 108.00 feet; thence North 30°06'57" East, 35.93 feet; thence North 21°36'04" East, 25.30 feet; thence North 17°36'28" East, 48.88 feet to the southerly right of way line of said Carnino Vida Roble and the beginning of a non-tangent 50.00 foot radius curve, concave northwesterly, a radial line to said point bears South 38°18'00" East; thence southwesterly along said southerly right of way line and the arc of said curve through a central angle of 13°53'11" an arc distance of 12.12 feet to the true point of beginning. Parcel 2: Being a 5.00 foot wide strip of land the easterly sideline described as follows: t' Beginning at the hereinabove described point "a" in parcel "1" above, said point being on the westerly sideline of an existing 30.00 foot wide general utility and access easement granted per Parcel Map No. 20174 and the beginning of a 185.00 foot radius non-tangent curve concave northwesterly a radial line to said point bears South 79°33'37" East; thence southwesterly along said westerly sideline and the arc of said curve through a central angle of 38°27'37" an arc distance of 124.18 feet; thence continuing along said westerly sideline the following: South 48°54'00" West, 146.55 feet to the beginning of a 415.00 foot radius curve concave southeasterly; thence southwesterly along the arc of said curve through a central angle of 19°14'00" an arc distance of 139.31 feet; thence South 29°40'00" West, 278.67 feet to a point on the southwesterly line of said Parcel 2 and the point of terminus. The westerly sideline of said 5.00 feet wide strip of land to be shortened or extended so as to terminate northerly hi the southerly right of way line of said Carnino Vida Roble and southerly in the southwesterly line of said Parcel 2. END OF LEGAL DESCRIPTION