2022/10/28 Agreement Water Quality Management Plan and Stormwater Best Management Practices Operation, Transfer, Maintenance and Right of Entry Agreement APN: 3330-070-091 through 09410t28122. 3:O7 PM Batch 14910406 Confi rmalion
RECORDING REQUESTED BY:
CITY OF MENIFEE
DOC # 2022-0447587
'1012812022 '11:00 AM Fees: $0.00
Recorded in Official Records
County ol Riverside
Peter Aldana
Assessor-County Clerk-Recorder
"This document was electronically subm ted
to the County of Riverside for recording"
Receipled by ELENA #448
AND WHEN RECORDEO MAL TO:
CITY OF MENIFEE
CITY CLERK
29844 HAUN ROAD
MENIFEE, CA 92586-6540
SPACE ABOVE THIS LINE FOR RECORDER'S USE
WATER OUALITY MANAGEHEI,IT PLAN AND STORiIWATER BEST
RIGHT OF ENTRY AGREETIENT
Ranch Self-Storaoe & Retail - Menifee. LLc
28818 McCall Blvd. Menifee cA 92585
APN:333-070-091, 33$070-092, 333-070-093 & 333-070-094
THIS AGREEMENT is made and entered inlo in
Murrieta Califomia, this 22nd day of
September 202 2 , by and b€tv/een
Ranch SeltSto raoe & Retail - Menifee LLC herein after
refened to as'Owne/, and the CITY OF MENIFEE, a municipal corpo6tjon, locat€d in the
County of Rive6ido, State of Calitomia hersinafter rslorrcd to as'CITY';
WHEREAS, tha City is a CGPormittee for discharging stormwater from its MS4 facilities
pursuant to the Santa Ana Regional Water Quality Control Board Ordar No. R6-2010-0033,
MS4 NPDES Permit No. @1E033. Under the tems of the permit the C,ty is required to
enforce the provisions of the permit within its jurisdidion. The requirBments contained in this
agreement arB intlndod to achieve the goals of the MS4 Permit;
PROJECT NAIIE:
PROPERTY OWNER TIAITIE:
PROPERTY ADORESS:
Mccall Square
https J/gs.secure-recording.com/Batch/Confirmation/1 491 0406 1t2
10t28t22 3 07 PM Batch 14910406 Confirmation
OOC #2022-0447 587 Page 2 of 9
W}IEREAS, lhe O ner owns real property ('Property) in the City of Menifee, County of
Riverside. State of Califomia, more specifically described in E)dibit 'A- and depiclod in
Exhibit 'B', each ot which exhibits is attached hereto and incorporated herein by this reference:
WHEREAS, at tho lime of initial approval of development projecl known as:
Ranch Self-Storage & Retail - Menifee within the Proporty
described herein, the Crty required the project to employ Best Management Praclices,
hereinafter referred to as "BMPS," to minimize pollutants in urban runofi;
WHEREAS, the O,vner has chosen to inslall and/or implement BMPS as described in the
Wat6r Quality Manag6ment Plan, on fi16 with the City, hereinafier refenod to as "WQMP," to
minimize pollutants in urban runoff and to minimize other adverse impacls of urban runoff;
WHEREAS, said WQMP has be€n certilted by the Owner and reviewad and accepted by the
City;
WHEREAS, said BMPS, with installation and/or implomentation on private propedy and
draining only private property, are part o{ a private facility wilh all maintenane 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 conlinuous maintenance, including, but not
nacessarily 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
aclivity will require compliance with all Loc€|, State, or Federal laws and regulations, including
those pertaining to confined space and waste disposal methods, in effect al the time such
maintenance occurs:
NOW THEREFORE, it is mutually stipulal8d and agreed as fiollol,vs
B!gh!_d_A@: Owner hereby provides the City of Menifee desEnee complele
access, ol any duration, to the BMPS and their immediate vicinity at any timo, upon
reasonable notice, or in the event of emergency, as dsterminod by the City's Engine6r,
no advance notice, fff the purpose of insp€ction, sampling, te$ing of the Device,
and in case of emorgency to diGct all nec€ssary repairs or other preventative measures
al owneis expense in accordance with the procedu,es set forth in paragraph 3
below. City shall make every efiort at all times to minimize or a\oiJ interferenc€
with Own6r's use of the Propeo.
Resoonsibilitv for Ooeration and Maintenancs of EMPS: Own€r 3hall use its best
efforts diligently to maintain all BMPS in a manner assuring p€ak performance at all
times. All reasonable preeutions shall b€ exercised by Owner and Owner's
representati\€ or contractor in the removal and extraction of any material(s) from the
BMPS and the ultimate disposal of lhe matcrial(s) in a manner consistent with all
relevanl laws and regulations in etred at the time. As may b€ requosted from tim6 to
time by the City, the Owner shall povide the City with documentation identifying the
material(s) removed, lh€ quantity, and disposal dcatination.
Citv Maintenancs at O/vneis Exoense: ln the event Ovrner, or its successors or
assigns, fails to accomplish lhe necessary maintenance contamplated by this
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4
Agreement, the City may cause such maintenance lo be conducted on Owner's
Property at Owne/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 Oate 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.
Suretv 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.
Recordino: This agreement shall be recorded in the Office of the Recorder of Riverside
County, California, at the expense of the Owner and shall constttute 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.
Attomev's Fees: ln event of legal aclion 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 incuned 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.
E
7
9. Time of the Essence: Time is of the essence in the performance of this Agreement.
6
o
&!!.gg: 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 effeclive 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.
IF TO CIW:IF TO OWNER:
City of Menifee Ranch Self-Storage & Retail - Menifee, LLC
29844 Haun Road 41391 Kalmia Street, Ste 200
Menifee, CA 92586
CITY:9WNEB;
By:By
Armando G Vi ME L. Stephenson
City Manager
APPROVED AS TO FORM:
a
I
(-
t/
ry
By
AIIEST.I
NAME
Title:
Stephanie Roseen, Acting City Clerk
NOTARY ACKNOWLEDGEMENTS ON FOLLOWNG PAGE
Munieta, CA 92562
10.
Title:4
OWNER:
Melching,
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 1189
Anotary public or other officer completing this certificate verifies onlythe identity ofthe individualwho signedthe document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
O)*exc\d€
personally appeared
Nome(s) of signer(s)
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.
@"#r#iH:;,,7 ,
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.
o Partner - tr Limited El General
D lndividual tr Attorney in Fact
tr Trustee tr Guardian or Conservator
Signature
Ploce Notory Seol ond/or Stqmp Above signoture ry Public
OPTIONAL
Completing this informotion con deter olterotion of the document or
froudulent reottochment of this form to on unintended doc
Description of Attached Document
Title or Type of Document:
Capacity(ies) Claimed by 5i9ner(s)
Signer's Name Signer's Name:
tr Corporate Officer - Titl tr Corporate Otficer - Title(s):
a Partner -D lndividual
tr Trustee
D Limite General
Attorney in Fact
Guardian or Conservator
tr
tr
o Other
Signer is Representing
02O19 National Notary Association
County of
on *CYrayy.-r ,: L,2r'Q}berore me, ftri<-\ 6Za qnar t'.lota'vg Rrh\ir
' Dote Herc lnseft Nome ond Title of the Offcet
Document Date:
Signe(s) Other Than Named Above:
Number of Pages:-
c Other:
Signer is Representing:
I-
:
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lLedel Descibtionl
See Attached
EXH IBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE, IN THE
COUNry OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCELS 1 THROUGH 4 OF PARCEL MAP NO.37624-1 IN THE CIry OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN PER MAP RECORDED IN
BOOK 248, PAGES lOOTHROUGH 103, RIVERSIDE COUNry RECORDS, JUNE 11,2020.
EXCEPTING THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUBSTANCES, WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON THE SURFACE OF, IN,
UNDER OR ACROSS TH SAME AND SUBSURFACE TO A DEPTH OF 5OO FEET MEASURED IN A
VERTICAL OIRECTION FROM THE EARTH'S SURFACE OF SAID LAND FOR EXPLORATION,
DEVELOPING, EXTRACTING OR REMOVING ANYOIL, GAS OR OTHER HYDROCARBON OR
MINERALS FOUND THEREIN,
EXEIEILE
tilaDllrEtalie!)
EXHIBIT ''B''
PARCEL MAP NO 37624-1
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