2017/10/02 Agreement Haun Medical Building BMP Right of Entry- APN: 336-380-058 & 336-380-059RECORDING REQUESTED BY:
CITY OF MENIFEE
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
CITY CLERK
29714 HAUN ROAD
MENIFEE, CA 92586-6540
6 I/ ' () : - I/I
10/02/2017 03:28 PM Fee: $ 0.00
Page 1 of 8
Recorded in Official Records
County of Riverside
Peter Aldana
Asses
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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
WQ— H-7
PROJECT NAME: Haun Medical Building
PROPERTY OWNER NAME: Haun Professional LLC
PROPERTY ADDRESS:
APN:
29826 Haun Road,
Menifee, CA 92586
336 380 058 & 336 380 059
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
the City of Menifee, County of Riverside, California, this 15th day of August, 2017, by and
between
Haun Professional LLC, 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: Haun
Medical Building, 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
against Owner. City shall make every effort at all times to minimize or avoid
interference with Owner's use of the Property when responding to an emergency.
2. Responsibility for Operation and Maintenance of Drainage Facilities in Accordance
with BMPs: Owner shall use its commercially reasonable efforts diligently to
implement BMPs in a manner assuring p performance at all times in accordance with
design features. 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 installed drainage facilities 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 time by the City, the Owner shaii 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, the City may cause such maintenance to be conducted on Owner's
Property at Owner's expense if Owner does not commence and diligently work to
perform the maintenance within fifteen (15) days of receiving written notice from the
City, in accordance with paragraph 10 below, of Owner's failure to comply with the
terms of this Agreement. The City may charge the entire cost and expense of any
maintenance undertaken by the City, whether performed as a response to an
emergency situation or following five (5) day written notice by the City, to the Owner
or Owner's successors or assigns, including administrative costs, attorney's 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 of Owner's private drainage facilities, nor does this section
prohibit the City from pursuing other legal recourse against Owner.
4. Reserved:
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 in connection with this Agreement, the
prevailing party shall be entitled to recover attorney's fees and costs.
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.
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.
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:
City of Menifee
29714 Haun Road
Menifee, CA 92586-6540
CITY:
By: :/�" —
Ronald E. Bradley,
Interim City Manager
74'
Apmvuo /45 ' 0 jr62".1
IF TO OWNER:
Huan Professional LLC.
29826 Haun Road
Menifee, CA 92586
OWNER:
By:
Ronald J le ,_Sr.
Haun Professional LL ,
Title: Managing Partner
OWNER:
By.
Ronal J. ffaft le
Haun Profession I LLC
Title: Managing Partner
T. UeJ�
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
CALIFORNIA• • •.
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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
On before me, I&Mah^V
Date Here Insert Name and Title of the Officer
personally appeared
of Signe
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their 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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
KAMALA ELIZABETH DAVIS WITNESS my hand and official seal.
Notary Public - California
iRiverside County =
Commission #F 2151966 Signature Z",
My Comm. Ex Tres may 3, 2020 Signature of Notary Public
Place Notary Seal Above
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.
DescriRion of Attached Document
Title or Type—of-D
Number of Pages:
Document Date:
igner(s) Other Than 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:
�oQorate Officer —
El Partner — Limite
❑ Individual
ElTrustee ❑ G
ElOther:
Signer Is Representing
d
Title(s):
❑ General
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EXHIBIT'A'
(Legal Description)
LOT "A"
PARCEL'A' of LOT LINE ADJUSTMENT NO. 4753
Being Parcel 32 and a portion of Parcel 33 in Parcel Map No. 22233 as shown by Map
on file in Book 187 of Parcel Maps, Pages 9 through 14, inclusive, together with a
portion of Parcel No. 1 of Parcel Merger No. 1514 , as described in Instrument No.
2004-054673, recorded 7-2-04 , both of Records of Riverside County, California,
more particularly described as follows:
BEGINNING at the Northwest corner of said Parcel 32, said corner being also on the
Easterly right-of-way line of Haun Road as shown on said Parcel Map No. 22233;
THENCE North 80' 04' 06" East along the North line of said Parcel 32 and its Easterly
prolongation a distance of 152.76 feet;
THENCE South 000 35' 38" East a distance of 264.74 feet;
THENCE South 890 53' 43" West a distance of 173.85 feet to a point on the Easterly
right-of-way line of said Haun Road, said point being also the beginning of a non -
tangent curve concave Northwesterly having a radius of 900.00 feet, a radial line to said
point bears South 740 45' 53 " East;
THENCE Northerly along the arc of said non -tangent curve and said right-of-way line
through a central angle of 040 41' 48" an arc distance of 73.77 feet to the beginning of a
tangent curve concave Westerly having a radius of 400.00 feet;
THENCE Northerly along the arc of said tangent curve and said right-of-way line
through a central angle of 170 00' 44" an arc distance of 118.77 feet to the beginning of
a tangent curve concave Easterly having a radius of 100.00 feet;
THENCE Northerly along the arc of said tangent curve and said right-of-way line
through a central angle of 080 30' 22" an arc distance of 14.85 feet to the beginning of a
tangent curve concave Westerly having a radius of 889.00 feet;
THENCE Northerly along the arc of said tangent curve and said right-of-way line
through a central angle of 02' 10' 25" an arc distance of 33.72 feet to the Northwest
corner of said Parcel 32 and the POINT OF BEGINNING.
Containing 0.90 acres, more or less.
1.
LOT "B"
Parcel `B' of LOT LINE ADJUSTMENT NO. 4753
Being a portion of Parcel 33 in Parcel Map No. 22233 as shown by Map on file in Book
187 of Parcel Maps, Pages 9 through 14, inclusive, together with a portion of Parcel No.
1 in Parcel Merger No. 1514 as described in Instrument No. 2004-0514673,
recorded 7-2-04, .both of Records of Riverside County, California, more particularly
described as follows:
BEGINNING at the Westerly most corner of said Parcel 1, said corner being also on the
Easterly'right-of-way line of Haun Road as shown on said Parcel Map No. 22233 and
the beginning of a tangent curve concave Northwesterly having a radius of 900.00
feet, a radial line to said point bears South 620 30' 55" East;
THENCE Northerly along the arc of said tangent curve and said right-of-way line
through a central angle of 12° 14' 59" an arc distance of 142.42 feet;
THENCE leaving said right-of-way line North 89' 53' 43" East a distance of 173.85 feet;
THENCE South 00' 35' 38" East a distance of 189.92 feet to the South line of said
Parcel 1;
THENCE South 890 53' 43" West along the boundary of said Parcel No. 1 a distance of
224.36 feet;
THENCE continuing along said boundary North 620 30' 55" West a distance of 24.13
feet to the Easterly right-of-way line of said Haun Road and the POINT OF
BEGINNING.
Containing 0.91 acres, more or less.
2.
EXHIBIT "B"
(Map/Illustration)
LOTS A, B, & C OF LLA 4753
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