HomeMy WebLinkAbout2005 CON Hanson - Private Storm Water Maintenance Agreement\rn
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Recording Requested By:
)
)
Director of Public Works/Engineering)
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When Recorded Mail to: )
City Clerk )
City of National City )
1243 National City Blvd. )
National City, CA 91932 ) SPACE f�
I1111i1 IIIII 11111IIIII II11I 11111IIIII IIIII IIIII IIIII IIIII IIII IIII
MAY 26, 2005 3:21 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDERS OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 44.00
PAGES: 10
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PRIVATE STORM WATER TREATMENT
MAINTENANCE AGREEMENT
Assessor's Parcel No: S'.i5-d4 0-o`f'°0/3rC-O°to -11-o0
Project No.:
W.O.No.:
11111111111
THIS AGREEMENT for the periodic maintenance and repair of that certain private storm water
treatment facility (hereinafter referred to as the "SWTF"), is, the legal description and/or plat of
which is set forth in Exhibit(s) `1DNE' attached hereto and made a part hereof
(hereinafter referred to as the "property"), is entered into by f1ANSohi TWIeteErclATES WEST'
(hereinafter referred to as "Developer") for the benefit of future owners who will use the private
SWTF, which shall also include the Developer to the extent the Developer retains any ownership
interest in any land covered by this agreement, (hereinafter referred to as "owners").
HEREAS, this Agreement is required as a condition of approval by the City of National
City of a' subdivision project as defined in Section 21065 of the Public Resources code and
pursuant to City of National City Municipal Code Chapter 14.22 and Ordinance No. 2002-2213
for Standard Urban Storm Water Mitigation Plan (SUSMP); and
`'outs"
WHEREAS, Developer is the owner of certain real property described in Exhibit `0" that
will use and/enjoy the benefit of said private SWTF incidental to its development. The private
SWTF hays been separately described in Drawing Numbersgt44-Oi ` 2047 `IV/to-files of which
are on -file in the office of the City Engineer. Installation of the private SWTF isa condition of
developing the property; and
WHEREAS, it is the desire of the Developer that said private SWTF shall be maintained in
a safe and usable condition by the owners; and
WHEREAS, it is the desire of the Developer to establish a method for the periodic
maintenance and repair of said private SWTF and for the apportionment of the expense of such
maintenance and repair among existing and future owners; and
WHEREAS, it is the City's requirement for the Developer to submit to the City an annual
maintenance report; and
WHEREAS, there exists a benefit to the public when the private storm water facilities are
adequately maintained on a regular and periodic basis; and
WHEREAS, it is the intention of the Developer 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 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.
2. The cost of maintaining the installed private SWTF shall be paid by the owner or
the heirs, assigns and successors in interest of each such owner, proportional to their respective
interest.
3. 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 rata
shares of expenses shall be computed to reflect their proportionate interest in such newly created
parcels.
4. The repairs and maintenance to be performed upon the private SWTF under this
Agreement on the property shall be adequate to maintain said private SWTF in a functional
condition in accordance with their intended purpose. Repairs and maintenance under this
Agreement shall include, but is not limited to, repairing access roadbeds, repairing and
maintaining drainage structures, removing debris, if any, and other work reasonably necessary
and proper to repair and preserve the private SWTF for their intended purposes.
5. If there is a covenant, agreement, or other obligation imposed as a condition of the
rlevelnnment on the nrnnertv the nhliaation to renair and maintain the nrivate SWTF as herein
set forth shall commence when the improvements have been completed and approved by the
City.
6. Any extraordinary repair required to correct damage to said SWTF 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 private SWTF to the condition and proper storm
water functioning existing prior to said damage.
7. 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 owners in proportion to their
respective interest in the property. Owners 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.
8. Owners 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 private SWTF.
9. 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 private SWTF 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.
10. 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.
11.. The terms of this Agreement may be amended in writing upon majority approval
of the owners of the land described in Exhibit ``ONE." and with the consent of the City,
which consent shall not be unreasonably withheld.
12. 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.
13. If the Property constitutes a Common Interest Development" as defined in
California Civil Code Section 1351(c) which will include membership in or ownership of an
"Association" as defined in California Civil Code Section 1351(a), anything in this Agreement to
the contrary notwithstanding, the following provisions shall apply during such time as (i) the
Property is encumbered by a "Declaration" (as defined in California Civil Code Section 1351(h),
and (ii) the Common Area of the property (including the private SWTF) is managed and
controlled by an Association:
(a) The Association, through its Board of Directors, shall repair and maintain the
private storm water treatment. The Association, on behalf of the owners, shall not be relieved of
this duty except by amendment to the Declaration, and shall receive no compensation for
performing such duties. The costs of maintenance and repair shall be assessed against each
owner proportional to his/her subdivision interest in the Property pursuant to the Declaration.
The assessments shall be deposited in the Association's corporate account.
(b) The provisions in the Declaration which provide for assessment liens in favor of
the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its
entirety, and the Association shall assume the duty to defend, indemnify and hold harmless the
City described in paragraph 8. No individual owners shall have the right or duty to alter,
maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b)
in the Property except as may be allowed by the Declaration.
(c) This Agreement shall not be interpreted in any manner, to reduce or limit the
Association's rights and duties pursuant to its Bylaws and Declaration.
IN WITNESS WHEREOF, the parties have executed this Agreement
This I day of af. r it J , 20D S
d zk_,
rint name:)
(Print name:,
!If arviin Howell
Dirar.t<= cf land Use, Pl*nnlne. & Pern*I!I*l �
ANsaK) h s toe. r
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
Rudolf Hradedgt
Sr. As City A omey
r-
N—Z5'vd
EXHIBIT "ONE"
PARCEL 1:
Order No. 154778 - B
All of Block 204, National City, in the City of National City, County of San Diego, State of
California, according to Map thereof No. 348, filed in the Office of the County Recorder of San
Diego County, October 2, 1882, and the alley in said Block closed September 5, 1911 by
Resolution No. 240 of the Board of Trustees of the City of National City.
EXCEPTING that portion of the above described property conveyed to San Diego & Arizona
Railway Company b deed recorded in Book 748, Page 330 of Deeds, in the Office of the
County Recorder of San Diego County, described as follows:
COMMENCING at the Southeast corner of Block 204; thence West along the South line of said
Block 176.40 feet; thence Northeast curing to the left with a radius of 449.28 feet to the East
line of said Block; thence South along said East line 118.82 feet to the Point of
Commencement.
ALSO all of Eleventh Street extending'from the Westerly line of Sixth Avenue to thecenter
line of Seventh Avenue, and that portion of the Easterly one-half of Seventh Avenue extending
from the Northerly line of Twelfth Street to the Northerly line of Eleventh Street, as closed to
public use September 5, 1911 and October 7, 1924, by Resolution No. 240, and Ordinance
No. 546, respectively of the Board of Trustees of the City of National City.
PARCEL 2:
All that portion of Taft Street that reverts back to Lots 17 to 22 Block 204 of Map 348 as
vacated in said document recorded December 13, 1966 as File, No. 194034 of Official
Records.
EXCEPTING that portion that falls within land described in deed to Crockett & Co., Inc.
recorded August 2, 1978 as File No. 78: 325117 of Official Records.
PARCEL 3:
All that portion of vacated Taft Street described in deed to John K. Crockett and Harriet K. -
Crockett, recorded December 28, 1966 as File No. 200799 of Official Records, described as
follows:
BEGINNING at the Southeasterly corner of said Block 204; thence Northwesterly along the
Northeasterly line of Block 204, a distance of 225.00 feet; thence North 71 °34'48" East,
parallel with the Northeasterly prolongation of the Northwesterly line of said Block 204, a
distance of 40.00 feet to the TRUE POINT OF BEGINNING of the parcel of land to be
described; thence North 18°25'12" West parallel with the Northwesterly line of said Block
204, a distance of 25 feet; thence North 71 ° 34'48" East, along said Northeasterly
prolongation, a distance of 25 feet; thence Southwesterly, in 'a direct line a distance of 35
feet, more or less, to the TRUE POINT OF BEGINNING.
PARCEL 4:
All that certain piece or parcel of land situate, lying and being in the City of National City,
County of San Diego, State of California, described as follows:
COMMENCING at the Point of Intersection of the center line of McKinley Avenue (80 feet
wide) with the center line of San Diego & Arizona Eastern Railway Company's existing main
Mack (Coronado Branch), said point being distant North 18 ° 14'55" West along said center line
of McKinley Avenue 3 31.02 feat from tbs centerline of 13th Street sai4 streets are Shown
Order No. 154778 - 8
on Map No. 348 on file in the Office of said County Recorder; thence along said center line
of main track North 56°46'.35" East 48.57 feet to a point and Northeasterly on a curve to the
left having a radius of 814.76 feet and a central angle of 7°30'26" (tangent to said curve at
least mentioned point is last described course) an arc distance of 106.76 feet to a point in the
Northwesterly line of 1 2th Street as shown on said map; thence South 71 °45'05" West along
said Northwesterly line 36.53 feet to a point in the Northwesterly line of land described in
deed dated November 1, 1924, from Porter Radiator Corporation to San Diego and Arizona
Railway Company, recorded November 6, 1924 in Book 960 of Deeds, Page 489, Records of
said County; thence Northeasterly along said Northwesterly line on a curve to the left having
a radius of 449.28 feet and a central angle of 5°45'20" (tangent to said curve at last
mentioned point bears North 51 °28'46" East) an arc distance of 45.11 feet to a point on a
line concentric with and distant 15.0 feet Northwesterly, measured radially, from said center
line of main track, and the actual point of beginning of the parcel of land to be described;
thence Northeasterly along said concentric line on a curve to the left having a radius of 779.76
feet and a central angle of 5°16'21" (tangent to said curve at last mentioned point bears
North 51 °30'52") East an arc distance of 73.60 feet to a point of compound curve; thence
continuing Northeasterly along said con centric line on a curve to the left having a radius of
316.46 feet and a central angle of 38 ° 09'41 " (tangent to said curve at last mentioned point
bears North 46 ° 14' 31 " East) an arc distance of 210.78 feet to a point in the Northeasterly
line of the vacated Taft Avenue (former 6th Avenue) as shown on said map; thence North
18°14'55" West along said Northeasterly line and also the Southwesterly line of Block 181
of National City, as shown on said Map, 58.42 feet to a point in the Southeasterly line of 11 th
Street, as shown said Map; thence South 71 °45'05" West along said Southeasterly line,
15.21 feet to a point in the Southeasterly line of that certain 0.00717 of an acre parcel of land
described in deed dated April 7, 1966, from San Diego & Arizona Eastern Railway Company
to John K. Crockett, et ux, recorded December 28, 1966 in Series 7 Book 1966 as File No.
200799, Records of San Diego County; thence South 26°45'05" West along last said line
35.36 feet to a point in the center line of said vacated Taft Avenue (formerly 6th Avenue);
thence South 18°14'55" East along last said center line, 51.18 feet -to a point in the
Northwesterly line of 0.02525 of an acre parcel of land described in deed dated July 11,
1966; from John K. Crockett, et ux, to San Diego & Arizona Eastern Railway Company,
recorded December 28, 1966, in Series 7, Book 1966, as File No. 200798of Official Records;
thence South 1 7 °46'43" West along last said Northwesterly line, 68.01 feet to a point ins aid
Northwesterly line of land described in said deed dated November 1, 1924; thence
Southwesterly along last said line on a curve to the right having a radius of 449.28 feet and
a central angle of 21 ° 27'40" (tangent to said curve at last mentioned point bears South
24°05'46" West) an arc distance of 169.59feet to the actual Point of Beginning, containing
an area of 0.153 of an acre, more or Tess.
PARCEL 5:
An irregular shaped parcel of land being a portion of Eleventh Street at the intersection of Taft
Avenue and Eleventh Street per record of survey 16303, filed in the Office of the County
Recorder of San Diego County on August 13, 1999 as File Number 1999-562573,situate in
City of San Diego, San Diego County, State of California, said parcel being more particularly
described as follows:
BEGINNING at the most Southerly corner of Block 182 of Map 348, filed in the Office of the
County Recorder of San Diego County on October 2, 1882, as shown on said Record of
Survey.
Thence North 72 degree 14' 14 East along the Southerly line of said Lot 1 82, a distance of
33.00 feet'•thence South 17 degrees 45'55' East, a distance of 37.20 feet to the most
Northerly comer of that certain parcel of land as shown on Record of Survey 16043, filed in
the Office of the County Recorder of San Diego County on January 22, 1999 as File No. 99-
37727 of Official Records of San Diego County; thence South 09 degrees 35'35" East along
the w.Stedy line of said parcel, a distance of 6.59 feet to the beginning of a tangent curve
cor+caveWester'ly, having a radius of 318.96feet; thence Southerly along said curve, through
a cenU`0( ang(4of 08 degree 39' 1 3" an arc distance of 37.04 feet to a point in the Southerly
4
Order No. 154778 - B
line of aforesaid Eleventh Street; thence South 72 degrees 14' 10" West along said Southerly
line of said Eleventh Street, a distance of 24.68 feet to the most Westerly corner of Block 181
as shown on said Map 348; thence North 17 degrees 45'55" West a distance of 80.00 feet
to the Point of Beginning.
Excepting therefrom all minerals and all mineral rights of every kind and character now known
to exist or hereafter discovered underlying the property, including, without limiting the
generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive
and perpetual right to explore for, remove and dispose of said minerals by any means or
methods suitable to grantor, its successors and assigns, but without entering upon or usig the
surface of the property, and in such manner. as not to damage the surface of the property, or
to interfere with the use thereof by grantee, its successors or assigns.
PARCEL 6:
All that portion of Taft Avenue lying between the Northerly line of Eleventh Street and the
centerline of Eleventh Street.
PARCEL 7:
All that portion of Taft Avenue lying between the center line of Eleventh Street and the
Southerly line of Eleventh Street.
:s
Assessor's Parcel No: 555-090-04-00/555-090-17-00
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County of SG n i e qd
On Ae r 113r 2005 before me, lect411 t4=e-tn A• LA N-n b Cr I
Date Name and Tiled Officer (e.g., "Jane Doe. Notary Public")
personally appeared
KATHLEENA. LAMBERT
% Commission * 1334494
Notary Public - Califomia
r San Diego County r
='rY/fity Conn. Expires Dec13, 2005
mgrJin) E. 1-i-owe.11
Name(s) of Signers)
,®' personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(4 whose name(; is/Bo
subscribed to the within instrument and
acknowledged to me that he/the/they executed
the same in his/her/their authorized
capacity(t914, and that by his/her/their
signature( on the instrument the person(>d, or
the entity upon behalf of which the personk
acted, executed the instrument.
WIT SS my hand and offici eal.
Signature 01 Notary
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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
O Individual
O Corporate Officer — Title(s):
❑ Partner — ❑ Limited 0 General
O Attorney -in -Fact
O Trustee
O Guardian or Conservator
❑ Other:
Signer Is Representing:
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RIGHT THUr,i PRINT
UP SIG':ER
Top of thumb here
O 1999 National Notary Association • 9350 De Soto Ave., P.O. Boa 2402 • Chatsworth, CA 91313-2402 • waw.notionionotery.ot9
Prod. No. 5907
Reorder CaN iol4Free 1-3004764827
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN MATEO )
On
personally ap
, 2005, before me,
personally known to me, or
G.r4, a Notary Public,
❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized capacity, and that
by her signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Memorandum
To: City Clerk, City of National City
&insultixtg
Post Office Box 1117
Chula Vista, CA 91912-1117
619-990-8073 fax 619-234-1712
From: Steve Castaneda, PRM Consulting
Date: May 27, 2005
Re: Private Storm Water Treatment Maintenance Agreement (PSWTMA)
Attached is an executed, notarized and recorded copy of a PSWTMA for 601
W. 12th Street in National City. Should you have any questions, please do not
hesitate to contact me at 619-990-8073.
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