Loading...
2012/07/19 Agreement Encanto Apartment Homes- APN: 336-020-001, 333-040-018RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE ENGINEERING DEPARTMENT 29714 HAUN ROAD MENIFEE, CA 92586-6540 DOC # 2012-0338380 07/19/2012 03:38P Fee:NC Page I of 12 Recorded in Official Records County of Riverside Larry W. Ward 1p�_ RsI IIIIIII IIIII Assessor, County IIII (IIII IIIII IIIIII III IIIII IIII IIII 6 2 1111111 0 S R U PAGE SIZE DA MISC LONG RFD COPY M A L 465 1 426 PCOR NCOR SMF N ExnM T: CTY SPACE ABOVE THIS LINE FOR RECORDER'S USE RIGHT OF ENTRY AGREEMENT OWNER NAME: EYlea hio 14 )arziy,i ,e of PROPERTY ADDRESS: a2 s S NC^Iw D k/�1ye M�'7;Lee . Gft ya2 Soqfe APN: 333-6:w-ol8 THIS AGREEMENT is made and entered into in California, this day of 201 4 , by and between 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: �rlCf rffD Z ig r f Me off 1 ,901e, S within the Property described herein, the-CitJ 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. 2. 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 Agreement, within five (5) days of being given written notice by the City, the City 111111111111111 IIII �II�111111II IIIII IIIII III 9.2 f'12:9pP 1 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. 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. 8. 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. 2R1'c A3 3 B °G 0I R'.'l.v_/2©12 E13 : 38P 111111111111111111111111111111111 HIM III HIM 11111111 3 o4 12 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. IF TO CITY: IF TO OWNER: City of Menifee (— li7Gc_,4 fd /yAl--I ki e 4cG es, L 29714 Haun Road 3o00 7 C'D qe n LG y fe/W�ivj Men ifee, CA 92586-6540 � Q y ccy� � Al ,j i c I , 6,4 77 IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. (3Y; E�7ep If /ipa�t , e��f�0✓ires�GP C OWNER: 13y: E4ea.7* By: By: onald Allison, City Engineer/ NAME Director of Public Works Title: f/'e Si/(Phf OWNER: M Joseph W. Fletcher City Attorney ATTEST: Kathj Bennett, City Clerk NAME NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE 111111111111111111111IIIII III IIIIII II IIIII (III III 9,121q/0101 a0 f. iz�OsF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California p� County of -rQ I FQ e c m On lg I I o2 a before me, (' l.i �(j� t' J • / ©()E' D Vy i y Ptj, i Date Here Insert Name and Title of th fficer personally appeared eQ Sr rQat Name(s) of Slgnegs) Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person( whose name(4 is/a)6 subscribed to the within instrument and acknowledged to me that he/s*/tt�ky executed the same in his/h&* authorized capacity(iq), and that by his/hoth:J4 signature(s) on the instrument the person( or the entity upon behalf of which the person 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. WITNESS my hand and official seal. Signature. OPT/Signature of Notary Public ONAL 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: Wwi Document Date: —ctt, Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: �egY1 19• roc igy(�— (Corporate Officer — Title(s): — i' e--9 i, a-P % + ❑ Individual hoomm ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of mumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Item N5907 III II I I III I I I II I II I II I II III II 0' 2 9i2-0 5 of 12 ��!'P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . a aw:,.. ,:�>•.s� �'�a»,¢!' ,�'s�Yva,:.�irg>,zaL: �L!.' :�3,.�5 �.. onLi' gGw:.s�Ycay.�., State of California J 1 County of - f`(V6re, I(le') Ji On 01.2 before me, Dat personally appeared JULIE WOODRUFF Commission # 1939215 `a -s Notary Public -California z i San Diego County > My Comm. Expires May 30, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(,$) is/are subscribed to the within instrument and acknowledged to me that he/s4a/they executed the same in his/her/their authorized capacity(ie4, and that by his/hROW signatureW on the instrument the person(s), or the entity upon behalf of which the personnW 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. WITNESS my hand d official seal. I Signature Signature Ot Notary Public 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 11111111111111 III 1111111111111111111111111 II III n, �Fs ze,f3� $�eP EXHIBIT A (Legal Description) II II (III I II I II I I II III II IIIII II II 97 1410 7© fJ 12 8F Order Number: NHSC-3695388 (18) Page Number: 9 LEGAL DESCRIPTION Real property in the City of Menifee, County of Riverside, State of California, described as follows: THAT PORTION OF LOT 1 OF AMENDED MAP OF ROMOLA FARMS NO. 14, AS SHOWN BY MAP ON FILE IN BOOK 19 PAGE 56 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER LINE INTERSECTION OF ALTA VISTA WAY AND ENCANTO DRIVE, AS SHOWN ON THE RECORD OF SURVEY AMENDING MAP OF TRACT 3072, SAID RECORD OF SURVEY ON FILE IN BOOK 45 PAGE 31 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTHERLY ALONG THE CENTER LINE OF ENCANTO DRIVE ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 140 17' 57" AN ARC LENGTH OF 124.78 FEET TO A POINT FROM WHICH A RADIAL LINE REARS NORTH 71' 39' S3" WEST; THENCE LEAVING SAID CENTER LINE ALONG SAID RADIAL LINE NORTH 710 39' S3" WEST, 33.00 FEET TO THE POINT OF BEGINNING ON THE PARCEL TO BE HEREIN DESCRIBED, SAID TRUE POINT OF BEGINNING LYING ON THE WESTERLY LINE OF ENCANTO DRIVE; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 83° 51' 00" WEST, 26.87 FEETTO A POINT ON A LINE THAT IS PARALLEL WITH AND NORTHERLY FROM THE SOUTHERLY LINE OF SAID SECTION 22; THENCE ALONG SAID PARALLEL LINE NORTH 890 01' 01" WEST, 252.52 FEET TO THE EASTERLY LINE OF PARCELS "C" AND "K" OF THE DEED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES RECORDED SEPTEMBER 28, 1965 AS INSTRUMENT NO. 65-110852 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE BOUNDARY OF SAID PARCELS "C" AND "K", SOUTH 000 58' 59" WEST, 11.37 FEET TO SAID SOUTHERLY LINE OF SECTION 22; THENCE ALONG SAID SOUTHERLY LINE OF SECTION 22, NORTH 890 01' 01" WEST, 110.50 FEET TO THE EASTERLY LINE OF SAID DEED TO THE STATE OF CALIFORNIA; THENCE ALONG SAID EASTERLY LINE OF SAID DEED, SOUTH 120 50' 16" WEST, 305.55 FEET; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID DEED FROM A TANGENT WHICH BEARS SOUTH 030 43' 04" WEST, ON THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2,182.00 FEET AND A CENTRAL ANGLE OF 16° 17' 22" AN ARC LENGTH OF 620.35 FEET; THENCE TANGENT TO THE PRECEDING CURVE ON THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 4,866.00 FEET AND A CENTRAL ANGLE OF 010 51' 55" AN ARC LENGTH OF 158.41 FEET TO A POINT OF INTERSECTION THEREON WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID ENCANTO DRIVE; THENCE LEAVING SAID EASTERLY LINE OF SAID STATE DEED AND ALONG SAID WESTERLY PROLONGATION NORTH 850 52' 03" EAST, 328.46 FEET TO THE SOUTHWESTERLY CORNER OF SAID ENCANTO DRIVE, AS SHOWN ON THE ABOVE MENTIONED RECORD OF SURVEY MAP; THENCE FROM SAID SOUTHWESTERLY CORNER NORTHERLY ALONG THE WESTERLY LINE OF SAID ENCANTO DRIVE TO THE TRUE POINT OF BEGINNING; EXCEPT 60 PERCENT OF THE OIL AND MINERAL RIGHTS IN, ON AND UNDER THAT PORTION OF SAID LAND, LYING IN SAID SECTION 22, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN THE SOUTH HALF OF THEN NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ONLY FOR THE PURPOSE OF RECOVERY OF SAID MINERALS, AS RESERVED IN DEED FROM GEORGE D. NEWPORT AND DOROTHEA K. NEWPORT, HUSBAND AND WIFE RECORDED NOVEMBER 29, 1957IN BOOK 2185 PAGE 189 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. FirstAmerican Title IIIIIII II I II III I II I Ili l III IIIII IN III 51 85 f 12? sP Order Number: NHSC-3695388 (18) Page Number: 10 APN: 336-020-001-7 and 333-040-018-4 FirstAmerican Title IIIIIIIIIIIII IIIIIIIII III IIIIIIIIII �2©12-03'38390 -GA12 ©3 38F EXHIBIT B (Map/Illustration) II II I I II I I I I II II II I I II F' F ,FJ -f 12 o .N- Wm w r r / a= 02 2h 22Q L L OW 4 yy„ ¢ p J s" W -._— t/ Q U C m m O S U� I CU1 Q�2 I- i Q W Q y Wpm 1 e ///- 7 - / races -�F d I V ¢W� 41 � `" •aa 1 P mow? wry .,ai It � ice. -' ei' A e� � � t• III V � v. ,,, `�" � ItQL- - II � e> 3Y I ,+k � I Y:P +r ##{ a �a ..1 [GG[yyf ♦v z? 11 ,.:IIII�1^dyi�. r"t� 1 4 Ida I / ea WO y O Ij 1 gkl4 r 14 z o ti� w o \\ 2 I I II m a a W� iIl►I'l�I_L- 22 o \\1\4 mm -W— \ \ \m I h \( 2 2 2 NV 1 0 �p hl4FN/! LARRY W. WARD Recorder P.O. Box 751 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000 w .riversideacr.com NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: r V\risA-i ✓C 5 , SOlIQ_ Commission #: Place of Execution: Ci IAA I n" 11W Date Commission Expires: Date: 7 --- 1 q — t D- Signature: Print Name: 7�e Rfx� OY- Atta rt ACR 186P-AS4RE0 (Rev. 09/2Q06) Available in Alternate Fonnats III IN F 9.2012 0°P