2020/04/09 Agreement Right of Entry - Meadow Run Meritage Homes of California419t2020 Batch 6225564 Confirmation
DOC # 2020-0159900
0410912020 01.47 PM Fees: $0.00
Page 1 of I
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
"This document was electronically submitted
to the County oI Riverside for recording"
Receipted by: NADIA #948
RECORDING REQIJESTED BY:
C]TYOF MENIFEE
AND WHEN RECORDED TAIL TO:
C]TYOF MENIFEE
CITYCLERI(2W HAUN ROAD
MENIFEE, C492686€8t0
ABOVE THIS LINE
WATER OUAUTY IIANAGEXEIiIT PI.AN AND STORIIU,ATER BEST
tlAllAGEtEim PRACTICES OPERATION. TRAilSFER IAIiITEilANCE AND
RIGHT OF EI{TRY AGREEIIE]IIT
PRO'ECT }{ATE:
PrcPERTY OWilER ilATE:
PROPERW ADDRESS:
APN:)bO -1_tO - e,c)I
THIS AGREEIEilT b made and enbrud lnb ln
tAen'rfte , cerbn{e, m-]OF oavor
A nJrC\.. , ?rt2-L,by and bstri€on
lhrl\^-- \h^a U Q,\0^r'nr lIr\C ,herein afterT
rafuned to m'Ornef, and thg CITY OF MENIFEE, a mtnicipal oorporation, tocatcd ln the
County of Rivertftle, Stab d Calibrnh hcrclnafrer r*nsd to as 'ClTf;
W{EREAS, he Clty b a @Permlfreo for dlscharging sbnnwater frrom lte MS4 hcllltes
punuent to the SanE Ana RegbndWatsr Quallty Conto! Board Order No. R&201G'0033,
MS4 NPDES Pcrmlt No. GAS-01!033. Under tre terms of the pcrmit the Clty ls requlrad to
enbrce the prcvlelons of tho pormlt wihin lts jurMicdon. The roqulrunrerG ontalned ln thla
agreement are intended b achlar€ the goals of the MS4 pemlt;
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Ata.,\*,., furr
41912020 Batch 6225564 Confi rmation
DOC#2O2O-0159900 Page 2 of 9
W{EREAS, the Orner orrne rsal proporty fProporty) in the City of Menlfee, County of
Riverslde. State of Califomh, morc spedflcally deocrlb€d in Exhlblt'A' and depbmd in
Exhlbit'B', each of wttlcfi efilblte ls athcfied trereto and inoorporated herein by thla refercnce;
WI{EREAS, at the time of lnltial apprcval of dcvelopment prqlec[ knonn aa:
wihin tho Property
descrlbod herehr, the the proJect to employ Best Management Plactices,
herelnafter refened to as 'to minlmEe pollutanb in urban runoff;
UYIIEREAS, the Owner has €fioeon to lnetall and/or lmplerrcnt BMPs as described In the
Water Qmli$ Managsmcnt Plan, on fl!6 wih tre City, hereinafter refened to ae YIIQMP," to
minimize pollubnts ln urben runofi and to minimize othsr adrrcrse impacts of urban runofi
UUI{EREAS, saH WQMP has been oertified by the Oume and rcvierned and accepted by t}re
Clty;
UUIIEREAS, saE BMPg, uyih instrallaflon and/or implementation on private propefi and
draining only private property, are part d a prhmte fadllty wih al! maintenanco or
replaoement thersfonr, the 8ol€ reoponslbility of the Orvner in aooordance wih fie terms of
thbAgrcement;
UYI{EREAS, the oruner ls aware that perlodlc and continuous malntenancc, induding, but not
neessadly llmlted to, filbr matedal rephcement and sediment rmoval, b required to a$ure
peakperformane ofall BMPs ln the WQMP and that, furthermore, such maintanance
acfrvltywlll rcqulre comflhnce with all local, Shb, or Federal hws and regulatlons, induding
those pcrtalning to confined 8pe6 and uasb dbpoeal metfiods, in efiect at the time such
malntenane occulB;
NOW THEREFORE, lt b mutually slipuhbd and agreed as follows:
1. Rhht of Ams: Grner heruby provitles the City of Menifee deslgnee complete
acoeoe, of arry duratlon, to the BMPe and thcir immedhb vldnlty at any time, upon
rcasonable notce, or ln the event of emergency, as determined by the Cl!'s Engineer,
no advarrce noffco, for the purposo of inspodim, sampling, teeting of the Devlce,
and ln case of emcrgpncy to ditad all noccosary repalrs or offier preventaho mgasurae
at orne/s expgnBe ln acoordance vylfi fi€ prooedur€e s€t ffii in paragraph 3
belor. City shall make evcry efurt at all tmes to mlnlmlze or avoid lnterference
rvlh Orno/e uee of the Proporty.
2. Resoonshillty for Ooonaton and Maintsnanoo of BMPs: Oilnsr ehall use lts bost
efiorts dillgenty to mainbin all BMPs in a manner assuring peak performance at all
times. All roasonable precautlons shall be exercieed by Grner and Owner'E
repreoanbtrc or conhador in the remoml and extnac[ion of any matcrla(s) ftom the
BMPs and the ultimate dlapooal of the rnatcfu(s) ln a manner oonslstsnt wi[r all
relevant laws and reguhtlons ln efiact at the frne. As may be requested from time to
fime by the Clty, the Gpner shall provide the City wi0r documentation iden@ing ho
matefia(s) rsmowd, the quantty, and dlsposal destinatlon.
3.Cltv Maintenance at Oumer's Exoense: ln the event Orner, or ib successot€ or
asslgns, fails to acoomplish the neesary maintenanoe contemplated by tris
https ://g s.secu re-record ing. com/Batch/Confi rmalion I 6225564 2t2
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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 five (5) 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 BMP, nor does this section prohibit the City from pursuing
other legal recourse against Owner.
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.Recordinq: 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 event of default in payment.
Attornev's Fees: ln 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: lt 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.
Bindino 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.
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7
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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
ip 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.
lN WTNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
!F TO CITY:IF TO OWNER:
City of Menifee N\e.'\*1"- \lowroi
7
29844 Haun Road
Menifee, CA 92586
1LL,oG
CITY:OWNER:
By:(-
Armando G. Villa,
City Manager
NAME
U r (e- ?rns , Arvrlr
APPROVED AS TO FORM:
c_aa OWNER:
Cn erfr dd ch i nqpv Attomey
NAME
Title:
Clerk
(
ATTEST:
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
(ln accordance with Section 1 189 of the California Civil Code)
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 Orange) ss.
onMarch13,2020,beforeme,,perSonallyappearedLester
Tucker, 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.
TRACIY CURIOSO
Notary Public - Califomia
Orange CountY
Commission f 2227667
zz
My Comm, Exphes Jan 6, 2022
Signature (seal)
Tracey rioso, Notary Public, #2227667
(Commission Expires Jan 6,2022)
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HUITI'Z]LIARS
HUIITZOIIARS, lNC.r 2603 Moin Strccl, Suilo 400 r lryinc, CA?2611'125O ' 9i19.988.5815 phono r 949.988.582O fox r huirt-zollon.cm
EXHIBIT ''A''
LEGAL DESCRIPTION
R309367.A2
a3-12-20
All of Lot 66 of Tract Map No. 37576, in the City of Menifee, County of Riverside, Stateof california, as shown on a map filed in Book _, pages through
-_,
inclusive, of Maps, in the office of the county RecordEr of said county.
Containing an area of 0.34 acres, more or less.
Subject to covenants, conditions, reservations, restrictions, rights-of-way ancl easements,ifany, ofrecord.
This legal description is prepared for an Access and Maintenance Agreement and is not
intended for the conveyance ofland,
,7r/
DAVID W. MACKEY, PLS 8
R/R309367.02/02i02. I o/WatereualityAgreemenr
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