2014/01/09 Agreement Newport Rd- BMP Right of Entry Agreement- APN: 360-030-012 & 360-030-015RECORDING REQUESTED BY:
CITY OF MENIFEE
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
ENGINEERING DEPARTMENT
29714 HAUN ROAD
MENIFEE, CA 92586-6540
DOC # 2014-0010039
01/09/2014 01:34P Fee:NC
Page 1 of 9
Recorded in Official Records
County of Riverside
Larry N. Ward
Assessor, County
Clerk 1111111111111111111111111111111111111111111111111111111 6�aJ"2
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SPACE ABOVE THIS LINE FOR RECORDER'S USE 0
OWNER NAME: NewmdRd. LIP
PROPERTY ADDRESS: 4909 MurphV Canyon Rd. No. 406
San Dlepo, CA 92123
APN: 360-030-012 and 360,030-015
THIS AGREEMENT is made and entered Into in
City of Menifee California, this day of
M Pra-Cq 2013. by and between
Newport Road, LP , 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 Cc-Permittee for discharging stormwater from its MS4 facilities
pursuant to the Santa Ana Regional Water Quality Control Board Order No. R8-2010-
0033, M84 NPDES Permit No. OAS 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 ownsi 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:
Mcuonsia's Kestaurant 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;
1. 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 owners expense as provided in paragraph 3
below. City shall make every effort at all times to minimize or avoid interference
with Owners use of the Property,
2. RgaponsIbility 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 materW(s) in a manner consistent with
all relevant laws and regulations in effect at the time. As may requested from
time to tome by the City, the Owner shall provide the City with documentation
Identifying the material(a) removed, the quantity, and disposal destination.
3. City Maintenance at Owners Expense: in the event Owner, or its successors or
assigns, falls to accomplish the necessary maintenance contemplated by this
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 maintaln 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 fall 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 BMPa 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 end 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 (s 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. Mall, 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. Mall, whichever is earlier. A
party may change a notice address only by providing written notice thereof to the
other party.
IF TO CITY:
City of Menifee
29714 Haun Road
Menifee, CA 92586-6540
IF TO OWNER:
NewDort Rd. LP
San Diego, CA 92123
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above. B� • tU1H-rrev-Aa hz()efo&.ne 4 Qorp -
tt5 a4AA i'�m,,4,t�et
CITY: OW q
Jon4dn Smith, P.E. OSD, City Engineer! AME
Director of Public Works Title: d� -F/'es-i t` � � n Pa r4"&r
T o yup�
ATTE ' :
K td by Bennett, City Clerk
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
ACKNOWLEDGMENT
State of California
County of 'Ej5LV\ -Z)�� o )
On MATGkA `f , 1-013 before me, AA& W(_ v_) wi o ni-a w B-dy\ � C
(in ert name and title of the o cer)
personally appeared {\\N2 Yt0-VmYriU\
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.
WITNESS my hand and official seal.
JUDY NANO 10
COMNI. #t99718D z
i Notary Public California o
San Diego County
M Comm. Ex ❑es Nov. 4, 2016 1
Signature At0.�� - (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California County of �; Vusil I
CIVIL CODE $ 1189
On c974hg4 before me, SEPnI11 i i 10�) (lpkct (U V (kto�) L
Date Here Insert Name and Title of the Oeicer '
personally appeared u (A rn 41'
Names) at Signer(s)
IENNIFER ALLEN
Commission # 196464.
NotaryPublic - California i
Riverside County D
My Comm. Expires Jul 9, 2016
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.
WITNESS my hand and official seal.
Signatur
Place Notary Seal Above ignature of Notary u is
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: 15hP 31. 0 0-01S_
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
—,_ ,....... .,a.r •,-bvv-w nV,Nnr O-buu-nib-bbeq Item#5907
EXHIBIT A
ALL THAT CERTAIN LAND SITUATED IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, BEING PORTIONS OF PARCELS 2 AND 3 OF PARCEL MAP
28710-], AS SHOWN ON MAP FILED IN BOOK 205, PAGES 76 AND 77 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH A
PORTION OF PARCEL "A" OF CERTIFICATE OF COMPLIANCE NO. 12-002 AS EVIDENCED BY
DOCUMENT RECORDED OCTOBER 17, 2012 AS INSTRUMENT NO. 2012-0496009, OFFICIAL
RECORDS OF SAID COUNTY, LOCATED IN SECTION 4, TOWNSHIP 6 SOUTH,
RANGE 3 WEST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 3, SAID CORNER BEING
A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF NEWPOR.T ROAD AS SHOWN ON
SAID PARCEL MAP 28710-1;
THENCE, WESTERLY, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 89'53'28"
WEST 227.87 FEET TO A POINT 11,33 FEET EASTERLY OF THE NORTHEASTERLY
CORNER OF SAID PARCEL 2, AS MEASURED ALONG SAID RIGHT-OF-WAY LINE, SAID
POINT BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE, SOUTHERLY, LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 00°35'42" EAST 251.20
FEET;
THENCE, WESTERLY, AT RIGHT ANGLES TO LAST SAID COURSE, SOUTH 89°24'18" WEST
197.27 FEET;
THENCE, NORTHERLY, AT RIGHT ANGLES TO LAST SAID COURSE, NORTH 00-35,42" WEST
252.88 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE, SAID POINT
BEING 53.34 FEET EASTERLY OF THE MOST NORTHERLY NORTHWESTERLY CORNER OF
SAID PARCEL 2, AS MEASURED ALONG SAID RIGHT-OF-WAY LINE;
THENCE, EASTERLY, ALONG SAID RIGHT-OF-WAY LINE, NORTH 89-53,28" EAST 197.28
FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SAID LAND IS SHOWN AS "PARCEL A" ON LOT LINE ADJUSTMENT NO, 12-007 RECORDED
OCTOBER 17, 2012, AS INSTRUMENT NO. 12-0496559, OF OFFICIAL RECORDS.
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SWS ENGINEERING, INC.
C.VR EN"MSPRINO • LAIm PLAW.N • $u m[N"
21045 Temcovls Parkuy, Sol' to 201 261 Aulomn Drive, Svi1e IIS
Tcuccila, CA 92592 San Marcos, CA 92069
P: 951-296-1407 F: 01.581.9451 P:760d44-001I F:760.744.0046