2017/01/12 Agreement Arco AMPM- BMP Right of Entry- APN: 329030075-3RECORDING REQUESTED BY:
CITY OF MENIFEE
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
CITY CLERK
29714 HAUN ROAD
MENIFEE, CA 92586-6540
2017-0016152
01/12/2017 03:14 PM Fee: $ 0.00
Page 1 of 6
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from Recordation Fee per Gov. Code §§ 27383 & 6103
WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST
MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND
RIGHT OF ENTRY AGREEMENT
PROJECT NAME: p i"C i) c, & (I M 1 V t h", 4 ( t,
PROPERTY OWNER NAME: rz._ r" ij L �� C. `', �7 V;'fo; V\ctA� , <ti
PROPERTY ADDRESS: 9 .� 2�.7 �✓ Y `�
APN:
THIS WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST
MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND RIGHT OF
ENTRY AGREEMENT ("Agreement") is made and entered into in
&1 8 California, this day of
o e s-
201 C , by and between
&CaS L(�L�c�GOc�i,!�, herein after
referred to as "Owner", and the CITY OF MENIFEE, a municipal corporation, located in the
County of Riverside, State of California hereinafter referred to as "City";
WHEREAS, the City is a Co-Permittee for discharging stormwater from its MS4 facilities
pursuant to the Santa Ana Regional Water Quality Control Board Order No. R8-2010-0033,
MS4 NPDES Permit No. CAS 618033 ("Permit"). Under the terms of the Permit the City is
required to enforce the provisions of the Permit within its jurisdiction. The requirements
contained in this Agreement are intended to achieve the goals of the Permit;
WHEREAS, the Owner owns real property ("Property) in the City of Menifee, County of
Riverside, State of California, more specifically described in Exhibit "A" and depicted in
Exhibit "B", each of which exhibits is attached hereto and incorporated herein by this
reference;
WHEREAS, at the time of initial approval of the development project known as: ARCO
AM/PM TRUMBLE, within the Property described herein, the City required the project to
employ Best Management Practices, hereinafter referred to as "BMPs," to minimize
pollutants in urban runoff;
WHEREAS, the Owner has chosen to implement BMPs as described in the Water Quality
Management Plan, on file with the City, hereinafter referred to as "WQMP," to minimize
pollutants in urban runoff and to minimize other adverse impacts of urban runoff;
WHEREAS, said WQMP has been certified by the Owner and reviewed and accepted by the
City;
WHEREAS, said BMPs, with installation and/or implementation of drainage facilities on
private property and draining only private property, shall be implemented as part of a private
facility with all maintenance or replacement, and are, therefore, the sole responsibility of the
Owner in accordance with the terms of this Agreement;
WHEREAS, the Owner is aware that periodic and continuous maintenance, including, but not
necessarily limited to, filter material replacement and sediment removal, is required to assure
performance in accordance with the BMPs in the WQMP for the designed drainage facilities
and that, furthermore, such maintenance activity will require compliance with all Local, State,
or Federal laws and regulations, including those pertaining to confined space and waste
disposal methods, in effect at the time such maintenance occurs;
NOW THEREFORE, it is mutually stipulated and agreed as follows:
Right of Access: Owner hereby provides the City of Menifee designee complete
access, of any duration, to the private drainage facilities and their immediate vicinity
at any time, upon reasonable notice, or in the event of emergency, as determined by
the City's Engineer, no advance notice, for the purpose of inspection, sampling,
testing of the Device, and in case of emergency to direct all necessary repairs or
other preventative measures at Owner's expense. In the event Owner, or its
successors or assigns, fails to accomplish the necessary maintenance contemplated
by this Agreement in the event of emergency, the City may cause such maintenance
to be conducted on Owner's Property at Owner's expense. The City may charge the
entire cost and expense of any maintenance undertaken by the City in the event of
emergency, to the Owner or Owner's successors or assigns, including administrative
cost, attorney's fees and interest the on at the maximum rate authorized by the Civil
Code from the date of the notice of expense until paid in full. The City, at its sole
election, may take these costs to be a lien upon the Property that may be collected at
the same time and in the same manner as ordinary municipal taxes as provided in
Government Code section 38773.5. Nothing in this section or this Agreement creates
an obligation by the City to maintain or repair any of Owner's private drainage
facilities, nor does this section prohibit the City from pursuing other legal recourse
such notice prior to such successor obtaining an interest in all or part of the Property.
Owner shall provide a copy of such notice to the City at the same time such notice is
provided to the successor.
9. Time of the Essence: Time is of the essence in the performance of this Agreement.
10. Notice: Any notice to a party required or called for in this Agreement shall be served
in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address
set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72)
hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice
address only by providing written notice thereof to the other party.
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
IF TO CITY: IF TO OWNER:
City of Menifee �-,Cr,.S IL NLLCLA" J'A
29714 Haun Road c0j nQ N�
Menifee, CA 92586-6540 V I�q4',
n
CITNbe
OWNER:
By: By: � Johnson, NAME
ger
Title: G �
APPROVED AS TO FORM:
OWNER:
J y T. elching, City Attorn
By:
ATTEST:
NAME
Title:
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKbM LEDGME T
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 Riverside,/
On �� �a 7 LRO (� before me, `�� b (/ ��G l`I ez- �� � lie
�J �/n� /ere insert name and t tle� o cer) �
personally appeared / '' ms
who proved to me on the basis of satisfactory evidence to be the person whose
name(s/s/ayb subscribed to the within instrument and acknowledged to me that
he/sly/tVy executed the same in his/hpf116ir authorized capacity(ie4, and that by
his/l r/tf}6ir signature(,s`f on the instrument the person, ,k, or the entity upon behalf of
which the persons 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.
"'KIMBERLY MARTINEZ
WITNESS my hand and official seal. a t COMM.#2026089 D
t NOTARY PUBLIC - CALIFORNIA p
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING TI-IIS FORM
Tltis farm coin lies ivith ctmrent Cctlifontia statutes re ardit nota ivordiand
p 6 o ri o
DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to tire document. Acknowledgments
t from other stales map be completed for documents being sent to that state so long
t% �l �� t— j/1 �/` as the wording does not require the California notary to violate California notary
(� (((/// 1 lair'.
(Titleoption of attached document) • State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
(Title or description of attached document continued) • Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/the3 - is /are ) or circling the correct forms. Failure to correctly indicate this
El Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
El Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
El Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
20,15 Version vr, nv,Not aryClasses.con 1 £00-8-,",-9 65 Securely attach this document to the signed document with a staple.
EXHIBIT `A'
LEGAL DESCRIPTION
FOR
A.P.N. 329-030-075
A PORTION OF PARCEL 'A' OF LOT LINE ADJUSTMENT NO. 10-003, IN THE CITY OF
MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO DOCUMENT
RECORDED NOVEMBER 15, 2010 AS INSTRUMENT NO. 2010-0549423, OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN SECTION 10, TOWNSHIP
5 SOUTH, RANGE 3 WEST S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL'A';
THENCE, SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID PARCEL'A',
SOUTH 36025'36" WEST 182.49 FEET;
THENCE, SOUTH 10'17'09" EAST 18.01 FEET TO THE NORTHERLY LINE OF THAT CERTAIN
PARCEL CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED MAY 21, 2010
AS INSTRUMENT NO. 2010-0236959, OFFICIAL RECORDS OF SAID COUNTY;
THENCE, ALONG SAID NORTHERLY LINE, SOUTH 53°19'50" 155.32 FEET TO A POINT ON
THE SOUTHEASTERLY LINE OF SAID PARCEL'A';
THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 36025'18" EAST 195.51 FEET TO
THE MOST EASTERLY CORNER OF SAID PARCEL'A';
THENCE, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 'A', NORTH 53034'42"
WEST 168.41 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.75 ACRES (32,786 SQ. FT.), MORE OR LESS.
EXHIBIT 'B'
N 5334'42" W
168.41'
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N 1017'09"
W
18.01'
N 5319'50" W
155.32'
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74