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HomeMy WebLinkAboutTalas, LLC - CHICAGO TITLE COMPANY DOC# 2025-0294195 C0,1.1 IERCIAL DIVISION II II III I III I IIII II I IIII I III I IIII Iliil IIIII I I I Illll I II III Recording Requested By: ) Oct 21, 2025 11:40 AM OFFICIAL RECORDS City Engineer ) JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) When Recorded Mail to: ) PAGES: 10 City Clerk ) City of National City ) 1243 National City Blvd. ) National City, CA 91950 ) SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs) MAINTENANCE AGREEMENT Assessor's Parcel No.: 557-140-25-00 Project No.: EG23-00186 W.O.No.: THIS AGREEMENT for the periodic maintenance and repair of Private Permanent Storm Water Best Management Practices (Private Permanent Storm Water BMPs) (hereinafter referred to as the `BMPs"), is made by and between the City Of National City, a municipality and TALAS, LLC. (hereinafter referred to as the "Owner"). WHEREAS, this Agreement is required as a condition of approval by the City of National City Municipal Code Chapter 14.22 and the City of National City BMP Manual; and WHEREAS, "Owner" who is the owner of certain real property (the "Property") described on the site map, Exhibit "A", attached hereto, will use and enjoy the benefit of said BMPs incidental to its development; and WHEREAS, establishment of the BMPs is a condition of developing the property; and WHEREAS, there exists a benefit to the public when the BMPs are adequately maintained on a regular and periodic basis; and WHEREAS, it is the desire of the Owner that said BMPs shall be maintained in a safe and usable condition by the Owner; and WHEREAS, it is the desire of the Owner to conduct the periodic maintenance and repair of said BMPs and owner is responsible for the expense of such maintenance and repair; and This instrument filed for record by Chicago Title Company as an accommodation only.It has not been examined as to its execution or as to its effect upon the title 1 CHICAGO TITLE COMPANY „0 ., .. [) r i r� r i ,...: IVn Recording Requested By: ) City Engineer ) When Recorded Mail to: ) City Clerk ) City of National City ) 1243 National City Blvd. ) National City, CA 91950 SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs) MAINTENANCE AGREEMENT Assessor's Parcel No.: 557-140-25-00 Project No.: _ EG23-00186 W.O. No.: THIS AGREEMENT for the periodic maintenance and repair of Private Permanent Storm Water Best Management Practices(Private Permanent Storm Water BMPs) (hereinafter referred to as the "BMPs"), is made by and between the City Of National City, a municipality and TALAS, LLC. (hereinafter referred to as the "Owner"). WHEREAS, this Agreement is required as a condition of approval by the City of National City Municipal Code Chapter 14.22 and the City of National City BMP Manual; and WHEREAS, "Owner" who is the owner of certain real property (the "Property") described on the site map, Exhibit "A", attached hereto, will use and enjoy the benefit of said BMPs incidental to its development; and WHEREAS, establishment of the BMPs is a condition of developing the property; and WHEREAS, there exists a benefit to the public when the BMPs are adequately maintained on a regular and periodic basis; and WHEREAS, it is the desire of the Owner that said BMPs shall be maintained in a safe and usable condition by the Owner; and WHEREAS, it is the desire of the Owner to conduct the periodic maintenance and repair of said BMPs and owner is responsible for the expense of such maintenance and repair; and This instrument filed for record by Chicago Title Company as an accommodation only.It has not been examined as to its execution or as to its effect upon the title 1 WHEREAS, BMPs have been separately described in the Operation and Maintenance (O&M) Plan, Exhibit `B", attached hereto and made a part hereof(hereinafter referred to as the "Plan"), consistent with Drawing Number(s) 11609-D , copies of which are on file in the office of the City Engineer; and WHEREAS, it is the intention of the Owner that this Agreement shall constitute a covenant running with the land, and shall be binding upon each successive owner of all or any portion of the property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The Owner will submit to the City an annual maintenance report verifying the maintenance and efficient operation of said BMPs. 2. The Owner will maintain 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. 3. The Property is benefited by this Agreement, and present and successive owners of all or any portion of the property are now and shall be hereafter expressly bound by the maintenance agreement for the benefit of the land. 4. The cost of maintaining the installed BMPs shall be paid by the owner or the heirs, assigns and successors in interest of each such owner,proportional to their respective interest. 5. In the event any of the herein described parcels of land on the property are further subdivided, the owners, heirs, assigns and successors in interest of each newly created parcel shall be liable under this Agreement for their then pro rata share of expenses and such pro rats shares of expenses shall be computed to reflect their proportionate interest in such newly created parcels. 6. The maintenance to be performed upon the BMPs under this Agreement on the property shall be as set forth in the Plan, Exhibit`B". The Owner shall conduct any repair that is necessary to adequately maintain said BMPS in a functional condition in accordance with their intended purpose. Repairs under this Agreement shall include, but is not limited to, repairing access roadbeds, repairing and maintaining drainage structures, removing debris, and other work reasonably necessary and proper to repair and preserve the BMPs for their intended purposes. 7. If there is a covenant, agreement, or other obligation imposed as a condition of the development on the property, the obligation to repair and maintain the BMPs, as herein set forth shall commence when the improvements have been completed and approved by the City. 8. Any extraordinary repair required to correct damage to said BMPs that results from action taken or contracted for by the owners or their successors in interest shall be paid for by the party taking action or party contracting for work which caused the necessity for the extraordinary repair. The repair shall restore the BMPs to the condition and proper storm water functioning existing prior to said damage. 2 9. Any liability of the owners for personal injury as a result of or arising out of repairs and maintenance under this Agreement shall be borne by the Owner in proportion to their respective interest in the property. The Owner shall be responsible for maintaining their own insurance. This Agreement is not intended to provide for any sharing or assumption of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. 10. The Owner shall jointly and severally defend, indemnify and hold harmless the City and each of its officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the BMPs, or its failure to comply with the terms of this Agreement. 11. Nothing in this Agreement, the specifications or other contract documents or the City's review and approval of the plans and specifications or inspection of the work or maintenance related to the BMPs is intended to constitute an acknowledgement of a responsibility or liability for any such matter, and the City and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability in connection with their reviews or approvals. 12. This instrument shall be recorded and the obligation hereby created shall constitute a covenant running with the land, and each subsequent purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become bound by this agreement, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 8 hereof, such remedy to be cumulative and in addition to other remedies provided in this Agreement and to all other remedies at law or in equity. 13. The terms of this Agreement may be amended in writing upon the request of the Owner of the land described in Exhibit"A"and with the consent of the City Council. 14. This Agreement shall be governed by the laws of the State of California. 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. 15. Should the Developer, the Owner, an Association, or any of their successors, heirs or assigns fail to comply with their repair and maintenance obligation under this Agreement, the City of National City shall have the right, but not the duty, to perform such repair and maintenance, and shall be entitled to recover the full cost of such repair from the party having such repair and maintenance obligation. 3 IN WITNESS WHEREOF,the parties have executed this Agreement This Z 8 .` day of ,� cJB`� , 20 25. Owner(s): TALAS, LLC J t�E)�UCX_ sc�_ (Print name:) (Print name:) Signature of OWNER must be notarized. Attach the appropriate acknowledgement. g 2 boa S 1 afore Date M � 4 CALIFORNIA 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 1 County of , eQ J} On 1 AULSI 21� 2.02,E before me, l.�lA, nOl PLI � , �01 w�v✓I 1'u�J�.1 G Date Here Insert Name and Title of the Officer personally appeared V I.UY lu��Swig Nome(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 PENALTY OF PERJURY under-the TEL laws of the State of California that the foregoing Notary Publicc-GINAatifornfa paragraph is true and correct. Calamy San Diego County Commission Y 2391019 WITNESS my hand and official seal. Comm.Expires Mar 22,2026 Signature Place Notary Seal and/or Stamp Above Signature of No ary 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: 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 or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE SOUTHEASTERLY QUARTER OF QUARTER SECTION OF 130 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 MADE BY MORRILL AND ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF A PUBLIC STREET 80.00 FEET WIDE,WHICH IS SOUTH 71°38'WEST(RECORD SOUTH 71°WEST)50 RODS FROM THE SOUTHEASTERLY CORNER OF SAID QUARTER SECTION 130;THENCE ALONG SAID CENTER LINE SOUTH 71°38'WEST 10 RODS;THENCE NORTH 18°12'28"WEST(RECORD NORTH 19°WEST) 330.95 FEET;THENCE NORTH 71°36' EAST(RECORD NORTH 71°EAST) 10 RODS;THENCE SOUTH 18'12,22" EAST (RECORD SOUTH 19° EAST) 330.95 FEETTO THE POINT OF BEGINNING. EXCEPTING THEREFROM 50 PERCENT OF ALL OIL, GAS PETROLEUM, NAPTHA AND OTHER HYDRO-CARBON SUBSTANCES AND OF ALL MINERALS OF WHATSOEVER KIND OF NATURE IN, UPON OR BENEATH THE PROPERTY ABOVE DESCRIBED,AS RESERVED AND EXCEPTED IN DEED FROM FEDERAL FARM MORTGAGE CORPORATION TO LOUISE RITTER RECORDED IN BOOK 916, PAGE 479 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTHERLY 330.95 FEET OF THE WEST HALF OF THE EAST HALF OF THE WEST HALF OF THE EAST HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 130 OF RANCHO DE LA NACION, ACCORDING TO THE MAP THEREOF BY MORRILL NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, LYING NORTHERLY OF A LINE PARALLEL WITH AND 30 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID 80 ACRE LOT 2. APN: 557-140-25-00 • I I I I D III11111111111111111111111111111 : • ���I� _ • 8 : . 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II'� III 111111 I 11, - - - - ,III11111111111111111 iPA VERS PERVIOUSVP BM 6 h:::.:.:.:�11!16�:1�i:1d16: �11 illllll lllllllllllBUILDING 3 - ` . � . ■- - �1 I�1�1� I�I�1�1� �IIIIIIIIIIIIIIIIIIII mills IN �-1 '-1 I 111 1111 � 1 111 II 1111- I 1 I 1��■I�1� I�1�11 1 II 1111111 , - _ IF �I IIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'IN 1 �•i l , 1 111111=i=i=i=i=i= 'i 11'�,1�� 1�1` IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111�1' ��'1 PERVIOUS IIlllllllllllllI� •: .•. . .1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1■1.1■i■1.1.1.1.1.1.1.1.1.1.1 �.1.1. ■ I�I�I�I�1�1I111�1�111111111111111M1N1M1�1�1!,1111�1�1i1�1�1�1�1� _ ■ I I�1,ICI,ICI,1�1.1�111,1�m 1�11111�1�1�, S TORM WA TER MA IN TENA NCE A GREEMEN T EXHIBI T "B-2" TALAS APARTMENTS - 2039 E 8TH STREET, NATIONAL CITY, CA PERVIOUS PAVER(4"MIN THICKNESS), SEE SEPARATE LANDSCAPE PLAN FOR VOID FILLER-1/8"TO 3/8" PAVER SPECIFICATION AND COLOR/ (NO.8)AGGREGATE IN FINISH 6"X 8"WIDE CONC CURB VOIDS W/#3 REBAR CENTERED 4"PVC RISER/OBSERVATION W/MORTAR BED PER AND INSPECTION PORT SEPARATE LANDSCAPE PLANS OR 6"X 16" BEDDING COURSE-2"THICK OF 1/8" DEEPENED G-1 CURB TO 3/8"(NO.8)AGGREGATE CHOKER COURSE-4"THICK OF 3/8" • • a a . / TO 1/2"(NO.57)CRUSHED ROCK , -� J • (- MIN.6"THICK OF 3/4" I 'r CRUSHED ROCK SOIL SUBGRADE ` v 3"PVC INSTALL IMPERMEABLE LINER UNDER DRAIN PIPE TO RUN THE LENGTH OF PAVERS AND (ADJACENT TO STRUCTURES AND DISCHARGE AT CURB FACE OR TO FOUNDATIONS ONLY) UNLINED GRAVEL STORAGE LAYER AS SHOWN ON THIS SHEET TYPICAL DETAIL - PERVIOUS PAVERS NOT TO SCALE PAVER NOTES: ALL AGGREGATE MUST BE CLEAN/WASHED AND FREE OF FINES(SAND, SILT,ECT.) -PAVERS SHALL NOT BE SEALED ONCE THE VOID FILLER HAS BEEN ADDED -EACH COURSE SHALL BE VIBRATORY COMPACTED BEFORE PLACEMENT OF NEXT COURSE PAVER INSTALLATION SHALL BE PER MANUFACTURER'S RECOMMENDATIONS;PAVER SECTION PER GEOTECHNICAL ENGINEER RECOMMENDATIONS ARE REQUIRED TO MAINTAIN IMPOSED LOADS OF NO LESS THAN 75,000 LBS STORMWA TER MAINTENANCE AGREEMENT EXHIBIT "B-3►► TALAS APARTMENTS - 2039 E 8TH STREET, NATIONAL CITY, CA *BIOFILTRATION"ENGINEERED SOIL"LAYER SHALL **314"CRUSHED ROCK LAYER SHALL BE A MINIMUM 18"DEEP"SANDY LOAM"SOIL MIX BE A MINIMUM OF 12"BUT MAYBE WITH NO MORE THAN 5% CLAY CONTENT. THE MIX DEEPENED TO INCREASE THE 0 0 = SHALL CONTAIN 50-60/SAND,20-30/COMPOST OR INFILTRATION AND STORAGE ****NOTE:PONDING DEPTH HARDWOOD MULCH,AND 20-30% TOPSOIL. ABILITY OF THE DETAIL 10"FOR ALL BMPS; FREEBOARD=2"; TW=HP+2" 3"HARDWOOD DEEP ROOTED,DENSE, ROOF DOWNSPOUT PIPE 12"X 12"CATCH BASIN BY TO CONVEY STORMWATER MULCH BROOKS PRODUCTS OR DROUGHT TOLERANT TO PLANTER APPROVED EQUAL FOR PLANTING SUITABLE FOR EMERGENCY BACKFLOW WELL-DRAINED SOIL PLANTER TW ELEV. = WATERPROOFING BMP FG+ 12" 12" ** SPLASH BLOCK OR RIP RAP �— ** H�-1+ 12"+ 6"CMU SOLID ENERGY DISSIPATER GROUT RAISED = 6"CMU SOLID GROUT PLANTER BMP WALL RAISED PLANTER BMP WALL 0 0 ooaaoaoo�o o� moo 000000000a000 0o ao 00 #4 @ 16"0.C. i I I (H)@ CL I I ( ( Hs: 18"THICK LAYER OF #4 @ 16"O.C. I I ENGINEERED SOIL; (V)@ CL - -- *SEE NOTE BELOW FS ELEV. PER PLAN 3"THICK CHOKER 3" COURSE OF 318" 2"CLR. PEA GRAVEL 9"MIN. PLANTER ***FLOW CONTROL 3"CLR. H 12"LAYER OF 314" NOTE:FILL AND A MINI LL SHOULD BE RELATIVEE WATERPROOFING ORIFICE PLATE CLEAN CRUSHED ROCK; COMPACTED TO A MINI COMPACTION OF 90%AT A MINIMUM 6"PVC OUTLET **SEE NOTE BELOW OF 3%ABOVE OPTIMUM MOISTURE #4 @ 12"O.C. 6"DIAMETER PIPE(TYP.) CONTENT EA. WAY PERFORATED ***NOTE:0.5 LOW-FLOW ORIFICE UNDERDRAIN PIPE INTO OUTLET STRUCTURE FOR ALL RAISED PLANTER BMPS TYPICAL SECTION - B10FIL TRA TION BASIN/RAISED PLANTER NOT TO SCALE STORMWA TER MAINTENANCE AGREEMENT EXHIBIT 118-411 TALAS APARTMENTS - 2039 E 8TH STREET, NATIONAL CITY, CA BMP SIZE & ORIFICE DIAMETER SUMMARY BMP# Hp(FT) Hs(FT) Hg(FT) HMP ORIFICE AREA(FT^2) BMP FG BOTTOM OF *VOLUME LOCATION (IN) BMP FS (FT 3) 2 0.83 1.5 1.0 0.50 156 79.7 76.7 239 BLDG 1 3 0.83 1.5 1.0 0.50 20 79.7 76.7 31 BLDG 1 4 0.83 1.5 1.0 0.50 31 79.7 76.7 47 BLDG 1 5 0.83 1.5 1.0 0.50 21 79.7 76.7 32 BLDG 1 6 0.83 1.5 1.0 0.50 236 79.7 76.7 361 BLDG 1 7 0.83 1.5 1.0 0.50 123 79.8 76.8 188 BLDG 2 8 0.83 1.5 1.0 0.50 179 79.8 76.8 274 BLDG 2 9 0.83 1.5 1.0 0.50 26 79.8 76.8 38 BLDG 2 10 0.83 1.5 1.0 0.50 78 79.8 76.8 119 BLDG 2 11 0.83 1.5 1.0 0.50 77 79.0 76.0 118 BLDG 3 12 0.83 1.5 1.0 0.50 53 79.0 76.0 81 BLDG 3 13 0.83 1.5 1.0 1 0.50 134 79.0 76.0 205 BLDG 3 14 0.83 1.5 1.0 1 0.50 211 79.0 76.0 323 BLDG 3 TOTAL 1,345 Hp=PONDING DEPTH TO OVERFLOW STRUCTURE *VOLUME ASSUMES 40% VOID Hs=ENGINEERED SOIL DEPTH RATIO FOR GRAVEL LAYER AND Hg=GRAVEL STORAGE DEPTH 20%FOR ENGINEERED SOIL