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HomeMy WebLinkAboutContracts & Agreements_230-2019RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder County Clerk DOC# 2019-0437185 11/25/2019 Titles 1 Pages 11 1242 PM SAN Fees $0 00 Taxes $0 00 G8467 CA SB2 Fee 0 00 Total $0 00 SPACE ABOVE THIS LINE FOR RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) [0175-191-42] THIS AGREEMENT is made and entered into this I Zday of Co -c ue t , 20 i(1 , by and between [Joseph D Morales and Elizabeth Franklin -Morales, husband and wife as point tenants] ("Owner"), and the City of Redlands, a municipal corporation ("City") The Owner and the City are sometimes each individually referred to herein as a "Party" and, collectively, as the "Parties " RECITALS WHEREAS, the Owner owns real property ("Property") in the City specifically descnbed in Exhibits "A" and "B' which are attached hereto and incorporated herein by this reference, and WHEREAS, at the time of approval of the Owner's development project commonly known as [ 1042 West Sunset Dnve, Redlands, CA 92374] and filed as [GP 18-0010] (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff, and WHEREAS, the Owner has chosen to install [Three Drywells] plus one Trench Dram with Filter (the "Devices") to minimize pollutants in urban stormwater runoff, specifically descnbed in Exhibit "C" and shown in Exhibit "D" both of which are attached hereto and incorporated herein by this reference, and WHEREAS, the Devices have been installed in accordance with plans and specifications approved by the City and referred to as the Water Quality Maintenance Plan, and City of Redlands Agreement Version NOVEMBER 2013 DOC #2019-0437185 Page 2 of 11 WHEREAS, the Devices being installed on private property and draining only private property, are private facilities with all maintenance or replacement therefor being the sole responsibility of the Owner, and WHEREAS, the Owner is aware that penodic and continuous maintenance including, but not necessarily limited to, filter material replacement and sediment removal is required to assure proper performance of the Devices and that such maintenance activity will require compliance with all Federal, State and local laws and regulations, including those pertaining to confined space and waste disposal methods in effect at the time such maintenance occurs, NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and [Joseph D Morales, husband and Elizabeth Franklin -Morales, wife ] AGREEMENT 1 The Owner hereby provides the City and its designees with full nght of access to the Devices and the Owner's Property in the immediate vicinity of the Devices (a) at any time, upon reasonable notice, or (b) in the event of emergency, as determined by the City Engineer with no advance notice, for the purpose of inspecting, sampling and testing of the Devices, and in cases of emergency, to undertake all necessary repairs or other preventative measures at the Owner's expense as provided for in Section 3, below The City shall make every effort at all times to minimize or avoid interference with the Owner's use of the Property when undertaking such inspections and repairs 2 The Owner shall diligently maintain the Devices in a manner consistent with the manufacturers' recommended maintenance schedule to ensure efficient performance All reasonable precautions shall be exercised by the Owner and the Owner's representatives in the removal and extraction of matenals from the Devices, and the ultimate disposal of the matenals in a manner consistent with all applicable laws As may be requested from time to time by the City, the Owner shall provide the City with documentation identifying the materials removed, the quantity and the location of disposal destinations, as appropnate 3 In the event the Owner fails to perform the necessary maintenance required by this Agreement within thirty (30) days of being given wntten notice by the City to do so, setting forth with specificity the action to be taken, the City is authonzed to cause any maintenance necessary to be done and charge the entire cost and expense to the Owner, including administrative costs, attorneys' fees and interest thereon at the maximum rate authorized by law, twenty (20) days after the Owner's receipt of the notice of expense until paid in full 4 This Agreement affects County of San Bernardino Assessor's Parcel Nos [0175-191-42], and shall be recorded in the Official Records of the County of San Bernardino at the expense of the Owner and shall constitute notice to all successors and assigns to the title to the Property of the obligations herein set forth This Agreement shall also constitute a hen against the Property 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 City of Redlands Agreement Version NOVEMBER 2013 DOC #2019-0437185 Page 3 of 11 5 In event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 6 It is the intent of the Parties that the burdens and benefits herein undertaken shall constitute equitable servitudes that run with the Property and shall be binding upon future owners of all or any portion of the Property Any owner's liability hereunder shall terminate at the time it ceases to be an owner of the encumbered Property, except for obligations which accrue prior to the date of transfer by such owner, which shall remain the personal obligation of such owner 7 Time is of the essence in the performance of this Agreement 8 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 notice address only by providing wntten notice thereof to the other Party CITY City Engineer City of Redlands P O Box 3005 Redlands, CA 92373 OWNER [Joseph D Morales and Elizabeth Franklin -Morales husband and wife as joint tenants] [740 E Avery Street] [San Bernardino, CA 92404] 9 This Agreement shall be governed by and construed in accordance with the laws of the State of Cahfornia 10 Any amendment to this Agreement shall be in wnting and approved by the City Council of City and signed by the City and the Owner IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first wntten above CIT -u'IF RED ANDS Jan 0 - e McConnell, Assistant City Manager City of Redlands Agreement Version NOVEMBER 2013 OWNER oseph D/Morales, husband Elizabeth Franklin -Morales, wife DOC #2019-0437185 Page 4 of 11 Attest aerie Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT DOC #2019-0437185 Page 5 of 11 c .:..:c•,-:;>-..,,. - >,.; - - , . ,.,.,•,.., CIVIL CODE11 tL. § 89 .1'.r:�+..-:z.:fx�<st'tt"icY�:yT1'R'.`v'::.�.:y'Y�:xiS +'r:+�+:: �GihSx'i,.a:�u?'�'?--met}.'etiA'-tyii•wftti:''iGt,�i-.'4,:?''s:N3^.`l.�',,'.�,:'x-d,.}:iiAn +3i=3�' g. .,,.,,�, 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 XLfl 62-cl L—c ij`i" On 11 t before me 't( L_ ) t C. '� 6` 1t y': s I-; Date Here Insert Name and Title of the Officer) personally appeared T/ l'i l ��Y) C "'I rl�` (� ,. t k, f -\' C, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso,(s )whose nam to the within instrume t and acknowledged to me that Re/sly/they /they executed the same in is/ ere r /thebscribed ir authorized capacity ; and that by hs/r/their signature(S,yon the instrument the person(9, or the entity upon behalf of which the person acted, executed the instrument DIANA RAINS Notary Public California San Bernardino County Commission # 2175775 My Comm Expires Dec i6 2020 Place Notary Seal and/or Stamp Above 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 Signature R_L'L yt OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document S -1--a( Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name e le Number of Pages ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Other ❑ Guardian of Conservator Signer is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other Signer is Representing ©2017 National Notary Association DOC #2019-0437185 Page 6 of 11 ACKNOWLEDGMENT 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 San Bernardino On October 29, 2019 before me, Griselda Lizarraga, Notary Public (insert name and title of the officer) personally appeared Elizabeth Nadia Franklin Morales who proved to me on the basis of satisfactory evidence to be the person s) whose name(s ': e subscribed to the within instrument and acknowledged to me that�g sh � h�y executed the same in I sth it authorized capacity(ies), and that by h,signature(s) on the instrument the person(s , or the entity upon behalf of which the porson 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 (Seal) GRISELDA LIZARRAGA COMM 8 2259632 NOTARY PUQLIC•CAIIFON NO SAN SERNARDINO COUNTY Conn Egi/M $EPTEMER 28 2422 DOC #2019-0437185 Page 7 of 11 ACKNOWLEDGMENT 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 San Bernardino On October 29, 2019 before me, Griselda Lizarraga, Notary Public (insert name and title of the officer) personally appeared Joseph Donatelll Morales who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sWare subscribed to the within instrument and acknowledged to me that sse/jihey executed the same in is Or/their authorized capacity(ies) and that by is r/tfjeir 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 Signature (Seal) GRISELDA LIZARRAGA COMM # 2259832 NOTARY PUBLIC -CALIFORNIA SAN BERNARDINO COUNTY Comm Expires SEPTEMBER 26 2022 DOC #2019-0437185 Page 8 of 11 Exhibit A Legal Description THAT PORTION OF LOT 3 BLOCK 43, MAP NO 9OFA PORTION OF REDLANDS HEIGHTS, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP RECORDED IN BOOK 9, PAGE 28 OF MAPS RECORDS OF SAID COUNTY, AND A PORTION THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH RANGE 3 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED CONJOINTLY AS FOLLOWS COMMENCING AT THE MOST WESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN A GRANT DEED TO THE RICHARDSON-SARGENT FAMILY TRUST RECORDED OCTOBER 24, 1994 AS INSTRUMENT NO 94432770 OF OFFICIAL RECORDS OF SAID COUNTY AS SAID CORNER IS SHOWN BY A RECORD OF SURVEY ON FILE IN BOOK 123, PAGE 2 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE SOUTHERLY LINE OF SAID CERTAIN PARCEL, SOUTH 64°27'28" EAST, 35 05 FEET TO AN ANGLE POINT THEREIN THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 79°28'58" EAST, 15 00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 79°28'58" EAST, ALONG SAID SOUTHERLY LINE, 123 02 FEET TO AN ANGLE POINT THEREIN, THENCE ALONG THE WESTERLY LINE OF SAID CERTAIN PARCEL OF LAND, SOUTH 6°44'46" EAST, 15 11 FEET TO AN ANGLE POINT THEREIN, THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 1°31'29' EAST, 179 32 FEET TO THE NORTHERLY LINE OF SUNSET DRIVE (25 00 FOOT HALF -WIDTH) AS CONVEYED TO THE CITY OF REDLANDS BY GRANT DEED RECORDED NOVEMBER 20, 1948 IN BOOK 2324, PAGE 8 OF OFFICIAL RECORDS OF SAID COUNTY SAID NORTHERLY LINE BEING PARALLEL WITH AND 25 00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE MONUMENTED CENTERLINE OF SUNSET DRIVE AS SHOWN BY SAID RECORD OF SURVEY AND A RECORD OF SURVEY ON FILE IN BOOK 95, PAGES 50 THROUGH 53 OF RECORDS OF SURVEY IN THE OFFICE OF SAID COUNTY RECORDER, THENCE ALONG SAID NORTHERLY LINE, SOUTH 70°51'47" WEST, 153 94 FEET TO AN ANGLE POINT THEREIN, THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 81°38'1 I " WEST, 67 50 FEET TO THE EASTERLY LINE OF PARCEL "B" AS DESCRIBED IN THE CERTIFICATE OF COMPLIANCE RECORDED JUNE 7, 2006 AS DOCUMENT NO 2006-0387768 OF OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG SAID EASTERLY LINE, NORTH 1°40'54" EAST 81 94 FEET TO AN ANGLE POINT THEREIN, THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 18°52'46" EAST, 104 87 FEET TO THE SOUTHEASTERLY CORNER OF PARCEL A, AS DESCRIBED IN THE CERTIFICATE OF COMPLIANCE RECORDED JUNE 7, 2006 AS DOCUMENT NO 2006-0387766 OF OFFICIAL RECORDS OF SAID COUNTY THENCE ALONG THE EASTERLY LINE OF SAID PARCEL A, NORTH 26°46'01" EAST 107 38 FEET TO THE POINT OF BEGINNING SAID LEGAL DESCRIPTION IS BASED UPON CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 1, 2007 AS INSTRUMENT NO 2007-0611050, OFFICIAL RECORDS Exhibit B Plat Map BMP 3 DRYWELL NOT TO SCALE w 0 0 LI; o a) 0z DOC #2019-0437185 Page 9 of 11 BMP 2 DRYWELL RV PARKING // 2 -STORY SINGLE/ FAMILY / Fr.--"ElLING, 4 DRIVEWAY Z/ EPONT,' P R H II A 0 a) N 1-1-1 0 0 t7) 0 DRIVEWAY 2 -CAR GARAGE r2246 R=268.00 00"W 67 50 / \ 5.5 4 \ 51 ° S 1C) BMP j:)3XW BMP 4 1RENCH DRAIN ffILTETF- DOC #2019-0437185 Page 10 of 11 Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Latitude Pollution Control Longitude Devices Maintenance Provided By Frequency 1 Dry Well 34°01'32 94" -117°10' 34 52" Owner Monthly during rainy season 2 Dry Well 34°01'34 81" -117°10' 33 52" Owner Monthly dunng rainy season 3 Dry Well 34°01'35 12" -117°10' 34 96" Owner Monthly dunng rainy season 4 Trench Drain With Filter 34°01'32 97" -117°10' 33 68" Owner Monthly dunng rainy season 5 6 7 8 9 10 NOT TO SCALE BMP 3 DRYWELL v<9. / 0 Id 0 0 .Lfl ct• 0 a) 0 c76 0 z Exhibit D s79 2588 Co 12 3 DOC #2019-0437185 Page 11 of 11 BMP 2 DRYWELL KL RV PARKING 4 tJ et Noe ro•'~ I I "lk*, COVERED PATIO (IV) 2 -STORY SINGLE FAMILY DWELLING DRIVEWAY FRONT P R( 0 N -1-1 0 0 c:3) 0 D=22.46 L1028 38' 11 6po - SB1 6 14 BMP 4 TRENCH DRAIN VI/El—TER