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2015/04/30 Agreement America's Tire- BMP Right of Entry- APN: LLA 13-004RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE CITY CLERK 29714 HAUN ROAD MENIFEE, CA 92586-6540 SPACE PROJECT NAME DOC # 2015-0177206 3� 04/30/2015 11:28A Fee:39.00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana Assessor, County Clerk & Recorder IIIII VI 1111111111111111 III 11I 11111111 s R U PAGE SIZE I DA I MISC LONG I RFD COPY ca M A L 465 426 1 PCOR NCOR SMF NCHG EXAM 'ltjo IAT�C iiP (,.. a. T: CTY UNI R RECORDER'S USE RIGHT OF ENTRY AGREEMENT dpnerleai / 1r , PROPERTY OWNER NAME: Ild-Ita T�oia'b >vS PROPERTY ADDRESS: Oft I t" Led Ai%w Ae CA- y,5& APN: t1-,4 /3-1)og, PSG. C THIS AGREEMENT is made and entered into in , California, this Z ( S�P_ day of Alan, % p 201 '-, by and between Aa 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. 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 MS4 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 development project known as: A✓-, i 0 '5 ;r, -e 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 install and/or 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 on private property and draining only private property, are part of a private facility with all maintenance or replacement, 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 peak performance of all BMPs in the WQMP 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 BMPs 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 as provided in paragraph 3 below. City shall make every effort at all times to minimize or avoid interference with Owner's use of the Property. Responsibility for Operation and Maintenance of BMPs• Owner shall use its best efforts diligently to maintain all BMPs in a manner assuring peak performance at all times. All reasonable precautions shall be exercised by Owner and Owner's representative or contractor in the removal and extraction of any material(s) from the BMPs and the ultimate disposal of the material(s) in a manner consistent with all relevant laws and regulations in effect at the time. As may be requested from time to tome by the City, the Owner shall provide the City with documentation identifying the material(s) removed, the quantity, and disposal destination. 3. City Maintenance at Owner's Expense: In the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this III II I I111111111111111111111111111111111111111111111111111N4 2 at z0 £� 9�eaRR Agreement, within five (5) days of being given written notice by the City, the City is hereby authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the Owner or Owner's successors or assigns, including administrative costs, attorneys fees and interest thereon 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 BMP, nor does this section prohibit the City from pursuing other legal recourse against Owner. 4. Surety Bond: The City may require the owner to post security in form and for a time period satisfactory to the City to guarantee the performance of the obligations stated herein. Should the Owner fail to perform the obligations under the Agreement, the City may, in the case of a cash bond, act for the Owner using the proceeds from it, or in the case of a surety bond, require the sureties to perform the obligations of the Agreement. As an additional remedy, the City's Engineer may withdraw any previous stormwater- related approval with respect to the property on which BMPs have been installed and/or implemented until such time as Owner repays to City its reasonable costs incurred in accordance with paragraph 3 above. 5. Recording: This agreement shall be recorded in the Office of the Recorder of Riverside County, California, at the expense of the Owner and shall constitute notice to all successors and assigns of the title to said Property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in even of default in payment. 6. Attorney's Fees: In event of legal action occasioned by any default or action of the Owner, or its successors or assigns, then the Owner and its successors or assigns agree(s) to pay all costs incurred by the City in enforcing the terms of this Agreement, including reasonable attorney's fees and costs, and that the same shall become a part of the lien against said Property. 7. Covenant: It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against. Binding on Successors: The obligations herein undertaken shall be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. The term Owner" shall include not only the present Owner, but also its heirs, successors, executors, administrators, and assigns. Owner shall notify any successor to title of all or part of the Property about the existence of this Agreement. Owner shall provide 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) II II III I E IIII IIII III I I� III II II �I N 64 plc 015�111:28A 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: City of Menifee 29714 Haun Road Menifee, CA 92586-6540 CI1 In APPROVED AS TO FORM: IF TO OWNER: bi 5- 5e�,& ��t�a.�e ��• ri3 Z� S OWNER: \_ By NAME fccrrc, V. sm%-r+N Title: 8-� OWNER: fery V Melching, City ttorney ATTEST: NAME ZL'""' Title: Kathy Bennett, City Clerk NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE II IIII II IIII IIII II 1111II `rf' nflln, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. 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 2' ,Jci f C � Ck) On 'A aDL' before me, Al�yn , Nu `Pubs; (_ It Da4e Here Insert Name and T16d of the Officer personally appeared R0\0 r-- P�—S-O nA nr) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s} whose name(aj- Ware - subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ber/heir 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. JENN IFER ALLEN Commission # 1964646 i�® Notary Public - California z � 'f- Riverside County a M Comm. Expires Jul 9, 2016 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature l= Signature of Notary Public 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 Title or Type of Document: Document Date: Number of Pages: Sier(s) Other Th n Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: LG�✓G✓4(✓G"/G�avG�.G�.aL.a�.Gv✓"va�.G<✓'ri✓a`✓G✓.•✓a'✓G�.G'v'✓G�S�✓.G`.G't/R✓SL.G'✓h✓avG✓aC✓GL.Goa'✓GL.G'va�GL.G�aL.Gv✓a'✓GL;^ O 1 • •- • • • • • • • :11 • •1 11111111111111111 IIII1IIII111 1111111111111 A4C©t5of'tas 91F NOTARY ACKNOWLEDGEMENT STATE OF ARIZONA COUNTY OF MARICOPA On _April 21, 2015, before me, Kathy Peters, Notary Public, personally appeared _Pierre F Smith, Agent/Halle Properties LLC, personally known tome (or proved tome on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument Water QuaIjV Management Plan & Stormwater Best Management Practices Operation, Transfer Maintenance and Right of Entry Agreement and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that byhis/her/their signature(s) on the instrument, the person(s) or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. Kathy FM4 1 WITNESS my hand and official seal. Notary public • Arizona 16 Markopa County My Commission Faphes June 5, 2016 area for official notarial IIIIII III IIII IIII IIII III IIIIIIII III IIIII II IIII 1 ea �e5 e 1 96en • a e « ■ !�.l� SHEET 5 OF 6 PARCEL C 1n the City of Menifee; County of Riverside, State of California: In Section 34, Township 5 South, Range 3 West, S.B.M.; Being a portion of Parcel B of Notice of Lot Line Adjustment No. 5288 per document recorded duty 29, 2008 as Document No. 2008-412871 and a portion of Parcel A of Certificate of Parcel Merger No. 1794, per document recorded August 12, 2008 as Document No: 2008-441964, both of Official Records of said Riverside County, described in its entirety as follows, Gornmencing at the northeasterly corner of Parcel 8 of Lot Line Adjustment No. 4185, per document recorded dune 13, 2000 as Document No. 2000-224957 of Official Records, said corner being in a curve, concave easterly and having ra radius of 900.00 feet, o radial line to said comer bears North 78'46'40' West; Thence northerly along said curve, through a central angle of 3'1025, on arc length of 49.85 feet to the Tnw Faint of Beguming, a radial line to said point bears North 75'36'14" West; Thence continuing northerly along `said curve, through a central `angle of 8'10'08', an arc length of 128.32 feet; Thence non —tangent to lost seiidt curve, North 0426'06' West, a distance of 51.05 feet; Thence South 89'53'43" West, a distance of 243.07 feet; Thence South 0'06'17" East d distance of 144.68 feet, Thence North 89'5343' East, 28.83 feet: to the beginning of a tangent curve, concave southerly and having a radios of 90.50 feet; Thence easterly along said curve, through a central angle of 13'00*04 an arc length of 20.54 feet; Thence tangent to last said curve, South 77'06'130 East, a distance of 30.06 feet to the beginning of a tangent curve, concave northerly and having a radius of 90.50 feet; Thence easterly along said curve, through a central angle of 12'59'13 ; an arc length of 20.51 feet; ASSESSOR'S PARCEL NUMBERS. 336--380-005, OK 008; 009, 010, & O1l SECTION 34, TOWNSHIP 3 SOUTH RANGE 5 WEST S.B.M. DATE EXHIBIT PREPARED: 11-14-2013 IIIIIIIIIII�II��IIII �IIIIIIIIIIII111111III 9 ThwM tangent to lost: said curve. North 89'5434" East, a distance of 48.59 feet to the beginning of a curve, concave northerly and having a radius of 59.50 feet; Time easterly along said curve, through a central angle of 822'15; an arc length of 8.69 feet; Thence tangent to last said curve, North 81'32'19" East, a distance of 34.09 feet to the beginning of a curve, concave southerly and having a radius of 60.50 feet; Thence easterly along said curve, through a central angle of 18'05'02 ; an arc length of 19,11 feet, Thence tangent to last said curve, South 80'21'39" East, a distance of 26.19 feet; Thaw North 14*23*46" East, a distance of IZ20 feet to The Pant of SsonnhV. Containing 0.93 Acres, more or less. See Exhibit "B", attached hereto and by this reference made a part hereof, « . ` ASSESSOR"S PARCEL NUMBERS: 336-380-005, 006, 008, 009, 010, & 011 SECTION 34, TOWNSHIP 3 SOUTH, RANGE 5 WEST S.B.M. DATE EXHIBIT PREPARED. 11-14-2013 �o12E0f74�F6 r, Rf EXHIBIT "B" LOT LINE a! 00. PARCEL I3 .. PM NG. 22233 `y2, PMO 18719-14 q 0 NO'06'17"W 4,50' ' r N89753'43"E 28.0 4 3 A=13'00'04" R=90.50' 6/ )r L-20.54' zry @A=12'59'13" R-90,50' A L-20.51' &W At Wr s 5 N89*54'344E 48.59' 6 d=8'2215" R=59.50' L= &69' " 7 Na1'.32'19"E 34.09' N89` 3'43 E D A=18*06'02" R-50.50 L-19.11, PARCa c 0.93 AaW 9 N80'21'39"W 26,19' U 2,66 Aa 1T F*ARCEL 8 50' S0' LIA ND, 4185, p JUNE 0, 2OW ; 8 INSL NO, ;FAR LOT A, 0 2000-224957 O.R. N N89'53'43"E 372,19' I PM No. 22233,LOT 18719-14 NEWPORT ROAD LEGEND.' -INDICATES NEW ADJUSTED LOT LINE --- -INDICATES LOT LINE TO BE ELIMINATED ------INDICATES EXIS17NG LOT LINE TD REMAIN -INDICATES STREET CENTERLINE NOTES: THE PROPOSED LOT LINE WILL NOT LATERALLY INTERSECT A GRADED MANUFAC7UREO SLOPE. NO DRAINAGE FROM 714E TRIBUTARY A80VE THE MANUFACTURED SLOPE SHEET 1 OE 2 SHEETS X oY \`tom Q. m to IV14'23'46"E 17,20' 17'N75`36'140W(R) 1071' N6776'06"W 51,05' WILL SHEET FLOW OVER THE SLOPE FADE. PREPARED BY ME OR TINDER MY KALE: 1°=150' RIRE�GN 1SSESSOR'S PARCEL NUMBERS: 336-380-005, 006, 008, 009, 010, & Q11 rl 'ECTION 34, TOWNSHIP 3 SOUTH, RANGE 5 WEST S.B.M. CIA LATE EXHIBIT PREPARED: AUGUST 30, 201.E GORDON D EDWARDS, PLS 6578 II II I I I I IIII I I III III II 91 Frl£� 91 FlSBF