2014/01/09 Agreement Newport Rd- Murphy Canyon Rd- 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
OOC = 2014-0010039
01/09/2014 I
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Larry W Ward
County of Riverside 6�2
Assessor, County Clerk & Recorder
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WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST
MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND
RIGHT OF ENTRY AGREEMENT
OWNER NAME: NewourtRd. LP
PROPERTY ADDRESS: 4909 Murphy Canyon Rd. No. 406
San Diego, 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 PV-- L�A , 201 3 , by and between
Newport Road, LP , herein after
referred to as "Owner", and the CITY OF MENIFEE, a munlcipal corporation, located In
the County of Riverside, State of California herelnafter 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
Riversides 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:
McDonald's Restaurant within the Property
described herein, the City required the project to employ Best Management Practices,
hereinafter referred to as "BMPs," to minlmlze 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
"lNQMP," to minimize pollutants in urban runoff and to. minimize other adverse impacts
of uriyah runoff;
WHEREAS, said WQMP has been certified by the Owner and reviewed and accepted by
the City;
WHEREAS, said BMPs, with installation aridlor 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. Ripht of Access: Owner hereby provides the City of Menifee designee complete
access, of any duration, to the BMPs and their Immediate vicinity al 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 repalrs 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. Responslbllity 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 BIV[Ps and the ultimate dlspo"sal of the material(s) In a manner consistent with
all relevant laws and regulations .in effect. at the time, As maybe 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 Owners 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
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 Clty'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.
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 agrees) 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 saki 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.
8. BindlM 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 bnly 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.
8. 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 recelpt, 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:
Newport Rd. LP
aag Nfuypki Oviqon YW
San Die4o, CA 92123
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date f
first written above.
its Gre�.c �o,r�kef
CITY: OWNEfi
Jona In— mith, P.E. QSD, Ciiy Engineer f _ AME
Director of Public Works o
Tlfle: yu.2�P,
APPROVED AS TO FORM:
ulie Biggs, Ofty Mrnby
ATTES-T:
K thy Bennett, City Clerk
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
ACKNOWLEDGMENT
State of California
County of 4E. a� i7\tom o )
On M0^1c `i , e 0-O before me, AAAq �a y) rP c) W NtAy j
(in ert name and title of the oft cer)
personally appeared '`—c->C�o *G(rnu.\
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.
U0 NY AMO �0 Y"�'--j
COMM. #1997180 z
i ;+. Notary Public California
San Diego County °
a M Comm. Expires Nov. 4, 2016!
Signature - (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
County of _ R iyus ilJ Q
On_27(jtj before me,
Dale Here Insert Name and Title of the Officer '
personally appeared rA a S, 12
Name(s) of Signer(s)
f e JENNIFER ALLEN
Commission # 1984645
Notary Public - California z
z �•r._,Lr�" Riverside County s
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 ignalure of Notaryu 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: ' `P �(�� �, _ _ (� 12 -V 3 �b_ In 0-01J
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 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 thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer Is Representing
� J
11.1 ,,- ...o-ooc.r 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
28710-1, 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 DI 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 NEWPORT 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 LNE, 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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IMPERVIOUS MEMBRANE ALL SI
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IMPERVIOUS MEMBRANE ALL SI
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`SANDY LOAM
-4" CLASS I, TYPE A MATERIAL
1" DIA WASHED DRAIN
ROCK WRAPPED IN
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OVERLAP TOP 6" MIN,
6" C&G W/
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`SANDY LOAM
4" CLASS I, TYPE A MATERIAL
1" DIA WASHED DRAIN
ROCK WRAPPED IN
MIRAFI 140N FILTER FABRIC
OVERLAP TOP 6" MIN.
12'+ 6" CURB W/
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12"
IMPERVIOUS MEMBRANE ALL SIDES --ter
4"L
- SANDY LOAM
'--4" CLASS I, TYPE -A MATERIAL
4" DIA PERFORATED PVC 1" DIA WASHED DRAIN
PIPE (HOLES DOWN) PROVIDE ROCK WRAPPED IN
7
CLEANOUT AT UPSTREAM END MIRAFI 140N FILTER FABRIC
BASIN 3 AND 5 OF SUBDRAIN OVERLAP TOP 6" MIN,
PAGE 2 OF 2
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SWS ENGINEERING, INC,
CIVIL EIIamax1Na • LAND PLANMNO • SUhVQVWD
31045 Temoula Parkway, Soitc 20J 251 Aulma Drive, Seite 115
Temecula, CA 92592 I Soo Hircos, CA 92069
P:951.296-Ja01 F:951.587.9151 P:160-N -MI F:M-1dd•09J5