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HomeMy WebLinkAboutSDP 16-07; Olivenhain Municipal Water District; 2019-0011649; Permanent Stormwater AgreementRECORDING REQUESTED BY: DOC# 2019-0011649 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII City of Carlsbad Development Services Department Jan 11, 2019 10:34 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0 00) WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 PAGES: 13 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 255-040-59-00 PROJECT ID. SOP 16-07 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT --DATE OF AGREEMENT: ----=U=----=0'--'-T) ...... v\__.._...O,__~~ji-------=;>-+-, _2=D::;__\ ~---'------- OWNER NAME: Olivenhain Municipal Water District, a public agency PROJECT NAME: Olivenhain Municipal Water District RESOLUTION NUMBER: _P_C_L_e_tt_er ___ A~pp~r_o_va_l_D_a_te_: _10_/_4/_1_6 ________ _ CONDITION NUMBER: 6 ----------------------- DRAWING NUMBER: DWG 502-9A ----------------------- STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: _n_/a _______ _ 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 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 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 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 2 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 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 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 3 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, 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). 4 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. 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 facsimile 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 shall be delivered to the following: Name: Address: Olivenhain Municipal Water District 1966 Olivenhain Rd Address: Encinitas, CA 92024 Telephone No.: E-mail Address: (760) 753-6466 Notices to City shall be delivered to the following: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: City Engineer Telephone No.: (760) 602-2730 Facsimile No.: (760) 602-8562 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 fails 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 5 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. 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 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. 14. This Agreement shall be recorded against the Property and shall constitute a covenant running with the land and shall be binding upon Owner. 15. 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. Ill Ill Ill Ill Ill Ill Ill Ill 6 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): Olivenhain Municipal Water District, a public agency ' ~'.Name of Owner) By:~//-~ By: i n here) Kimberly Thorner (print name here) General Manager (title and organization of signatory) (sign here) (print name here) (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation of the State of California (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: CELIA BREWER City Attorney fV)0_/}4- By: ....:....\j.~ ..... o'""N-K""""E ...... MP'--'~;.._.._i..........._ __ Assistant City Attorney 7 "EXHIBIT A'' ADJ 16-06 Legal Description Consolidated Parcel -APN 255-040-59 Assessor's parcel number 255-040-59 according to the San Diego County Assessor's Map and consisting of the merger of two parcels, APN 255-031-03 and APN 255-040-56, being those portions of the lands described in grant deeds to the Olivenhain Municipal Water District recorded June 19, 1962 as File/Page No. 104122 and April 30, 1991 as Document No. 1991- 0197545, being portions of lots 10 and 13, respectively, of the Subdivision of the Rancho Las Encinitas in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 848 filed June 27, 1898 in the Office of the San Diego County Recorder, the boundary of said APN 255-040-59 being described in Document No. 2017-0160897, Certificate of Compliance for Adjustment Plat, recorded April 11, 2017 in the Office of the San Diego County Recorder and as follows: Beginning at the point of intersection of the northerly line of said Lot 13 (which is also the northerly line of the land described in said Document No. 1991-0197545) with the westerly right- of-way line of line of Road Survey No.454A as described in a deed to the County of San Diego recorded December 19, 1930 in Book 1839 Page 356 of Deeds of said County, known as Rancho Santa Fe Road; thence leaving said northerly line of said Lot 13,southerly along said westerly right-of-way South 19°44'35" East (S20°17' 30"E per RS 454A) 280.95 feet (record S20°09'53"E 280.84' per Document No. 00197545); thence leaving said right-of-way line along the line described in said Document No. 1991-00197545 South 89°29'53" West 487.30 feet (record S87°03'30'W 518.71' per said Document); thence South 02°39'27" East 150.37 feet (record S02°56'30"E 150.00'); thence South 87°34'38" West 292.04 feet (record 587°03'30"W 291.59'); thence North 02°30'37" West 149.95 feet (record N02°56'30"W 150.00'); thence South 87°30'20" West 489.91 feet (record S87°03'30'W 490.00'); thence North 02°24'16" West 207.29 feet (record N02°50'30"W 207.25') to the southerly line of Parcel 1 of the Olivenhain Road dedication to the City of Carlsbad by Olivenhain Municipal Water District per document recorded August 21, 2007as Document No. 2007-0556028; thence along said southerly line North 87°29'53" East 79.56 feet to the beginning of a tangent 1256.00 foot radius curve concave northerly; thence along said curve 256.00 feet through a central angle of 11 °40' 42"to the westerly end of a portion of Olivenhain road vacated by the City of Carlsbad per document recorded January 25, 2014 as Document No. 2014-0020062; thence along the northerly line of said vacated road and continuing along said curve 137.04 feet through a central angle of 06°15'06" thence North 87°29'53" East 42.11 feet to the beginning of a 300.00 foot radius curve, concave northwesterly; thence along said curve 257.15 feet through a central angle of 49°06'45"; thence North 38°23'08" East 59.15 feet to the beginning of a non-tangent 1256.00 foot radius curve concave northwesterly, a radial line to said point bears South 36°03'36" East; thence along said curve 39.39 feet through a central angle of 01 °47'48"; thence North 52°08'36" East 5.01 feet to the beginning of a tangent 1490.00 foot radius curve concave northwesterly; thence 10.62 feet along said curve through a central angle of 00°24'30"; thence North 37°48'20" West 3. 71 feet to the beginning of a non-tangent 1486.17 foot radius curve concave northwesterly, a radial line to said point bears South 37°48'20" Page 1 of 2 East; thence 96.38 feet along said curve through a central angle 03°42'56" to the most southwesterly point of Parcel 2 of the Oliven ha in Road dedication to the City of Carlsbad by Olivenhain Municipal Water District recorded August 21, 2007 as Document No. 2007-0556029; thence leaving the line of the Oliven ha in Road vacation along the southerly line of said Parcel 2 which is a continuation of the 1486.17 foot radius curve concave northwesterly, 49.97 feet through a central angle of 01 °55'35" ; thence radial to said curve South 43°26'51" East 3.83 feet to the beginning of a non-tangent 1490.00 foot radius curve concave northwesterly, a radial line to said point bears South 43°26'51" East; thence 92.41 feet along the arc of said curve through a central angle of 03°33'12"; thence South 88°14'35" East 33.87 feet to the beginning of a non-tangent 633.00 foot radius curve concave southwesterly, a radial line to said point bears North 48°38'58" East; thence 238. 72 feet along the arc of said curve through a central angle of 21 °36'27" to the most southeasterly point of said Parcel 2 road dedication, being a point on the westerly line of the above-described Road Survey 454A known as Rancho Santa Fe Road; thence along said westerly line South 19°44'35" East 126.53 feet to a point on the south line of Lot 10 which is the south line of that land granted to Olivenhain Municipal Water District and recorded June 19, 1962 as File/Page No. 104122, being also a point on the above described north line of Lot 13 and the point of beginning. Said Parcel contains 459,053 square feet, 10.54 acres, more or less; All as shown on Exhibit "B" attached hereto. This real property description has been prepared by me, or under my direction in conformance with the professional land surveyor's act. CY /) (1 , .. ,, ~!f, L \ l'-<Y'-- Gary C. Rush L.S.6983 Date Page 2 of 2 ----Map 848 lot lines -------Proposed Property Boundary-see Sheet 2 r u .. • * • -] Right of Way dedicated to the City of Carlsbad ---------as "Parcel 21 of Doc# 2007-0556029 recorded r O .,. -• August 21, 2007 C.R. r·:::. :: ·::::::.-.1 Portf~n of County Road easements vacated by ·::::: .-· .-: ·:::::. the City of Carlsbad as Doc# 2014-0020062 :::::.-:::::::::.-. recorded January 15, 2014 C.R. ™ Right of Way dedicated to the City of Carlsbad as "Parcel 1• of Doc# 2007-0556028 recorded August 21, 2007 C.R. -~-- "EXHIBIT B" A portion of Lot 13 of Map 848 \ granted to the Olivenhain Municipal Water District per deed recorded April 30, 1991 as Doc# 197545 I I ------------7 ., .. _. ... INFRASTRUCTURE ENGINEERING CORPORATION VICINITY MAP NTS SCALE: 1" = 160 14271 DANIELSON STREET POWAY, CALIFORNIA 92064 T 858.413.2400 ADJ 16-06 ADJUSTMENT PLAT SHEET 1 of 2 LINE TABLE "EXHIBIT B" NO L3 L5 LS L9 L10 L11 L12 L13 L14 LENGTH 150.37' 149.95' 79.56' 42.11' 59.15' 5.01' 3.71' 3.83' 33.87' lO -..-O'l N -s;j-" NO N BEARING CURVE TABLE S2' 39' 27"E NO DELTA LENGTH NZ 30' 37"W C4 1' 47' 48" 39.39' N8, 29' 53"E C5 o· 24• 30" 10.62' N87' 29' 53"E C6 3" 42' 57" 96.38' N38' 23' OB"E C7 1' 55' 35" 49.97' N52" 08' 36"E C8 3" 33' 12" 92.41' N37' 48' 20"W S43' 26' 51 "E S88' 14' 35"E I;~ 1@$~~ L9 N z 489.91' INFRASTRUCTURE ENGINEERING CORPORATION 14271 DANIELSON STREET POWAY, CALIFORNIA 92064 T 858.413.2400 S87" 30' 20"W OWNER: I.() _.J OLIVENHAIN MUNICIPAL WATER DISTRICT ~~ ~ER G ERALMANA L14 RADIUS 1256.00' ,.r-u' ,~ 1490.00' \,.ll<.t \"'d>. \lS°'• \ , o ,~o. 1486.17' \V'• \(') 1486.17' ,'-"c:s,. \~ \"el 1490.00' "C) C4 'v APN 255-031-03 •,:,; -~~~~; ~©l@©~® l;~ ~~©i@~ij;~ l©J~ ~~$ R~~ APN 255-040-56 487.30' S87" 29' 53"W 292.04' S87" 34' 38"W ADJ 16-06 ADJUSTMENT PLAT SCALE: 1" = 140 0 70 1A.Q SHEET 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Sq n j!), ~ ) On ~U&bu Z'-f/1tt8' before me, 7i,,,s, l,, Gk5e, AJot,(~ Pvltl,, Date V. Here Insert Name and1Title o~ fficer personally appeared b oJ>ed 'J /t 7b HI\ l L Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/,i!l're subscribed to the within instrument and acknowledged to me that ¥/she/t)fey executed the same in hjsfher/tt;teir authorized capacity(i~). and that by his/her/their signature'1) on the instrument the person~, or the entity upon behalf of whic~ 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. ::~::~h•9;:•1 (},~ Signature of Notary Public 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 J.IN.d., Title or Type of Document: Pt{/"\. S,.t..,G, &,~p 1'1'4,\~ ,f't5ocument Date: n,.-i 41 J' Number of Pages: ___ Signer(s) Other Than Named Above: ----------~~~ Capacity(ies) Claimed by Signer(s) 1. S S-O Y 0-S f-tz> A-p,u 'SDO I b ~ O I Signer's Name:_____________ Signer's Name: ____________ _ □ Corporate Officer -Title(s): _______ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other:_______________ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Page 8 of 8 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ~:o:o:o:o:o:• 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 &1/J D I f_6D } On ::fOOlAQf'4 "2.J 20 l, before me, 12.o)Ca nne ;3"°~ ,11)0011/ pubic, Date Here Insert Name and Title of t1fe Officer personally appeared 0at?QN S-Ge/cfel'+ Name(s) of Signer(s) 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/they 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. Place Notary Seal and/or Stamp Above Signature J2ef a,,>--,~ ~ Signature o ~ublic 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: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ~:11111:11~000:o:o ©2017 National Notary Association