Loading...
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 R A Exam: Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert` CC SIZE NCOR SMF (jCH T: 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' � - Q CV O7 LO 1(') qo 55' W m m M w w M NM f0 M to Z Z N 1017'09" W 18.01' N 5319'50" W 155.32' 0 Lo STATE HIGHWAY 74