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Recorded in Official Records, County of San Bernardino 911112006
LARRY WALKER j P"'
Auditor/Controller — Recorder
t
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
R Regular Mail
Doc#: 2006—0620561 Titles: 1 Pages: 12
CITY CLERK Fees 0.00
CITY OF REDLANDS Taxes 0.00
PO BOX 3005 Other 0.00
1111111 111111111111111111111111 PAID $0.00
REDLANDS,CA 92373
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORTMZWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND
MAINTENANCE AGREEMENT
APN 167-261-14, 68
THIS AGREEMENT is made and entered into this 28th day of—August, 2006, by
and between Hermelinda Ruiz hereinafter referred to as "Owner," and the City of Redlands, a
municipal corporation, hereinafter referred to as "City."
RECITALS
WHEREAS, the Owner owns real property ("Property") in the City specifically described
in Exhibits "A" and `B" which are attached hereto and incorporated herein by this reference;
and
WHEREAS, at the time of approval of the development project known as 1221 Tribune
Street, 3 Unit Complex; Lot Line Adjustment No. 493 (the "Project") for the Property, the City
required the Project to employ on-site control measures to minimize pollutants in urban
stormwater runoff; and
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Agreements/Maint Agrmnt
WHEREAS,the Owner has chosen to utilize a Storm Water Pollution Prevention System that
includes vegetated swales and a catch basin,hereinafter referred to as the"Device"and other control
measures to minimize pollutants in urban stormwater runoff; and
WHEREAS,the Device and other control measures have been installed in accordance with
plans and specifications approved by the City; and
WHEREAS,the Device and other control measures,being installed on private property and
draining only private property are private facilities with all maintenance or replacement therefore
being the sole responsibility of the Owner; and
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 the Device and other control measures 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 City's approval of the Project and the mutual
promises contained herein, the City of Redlands and -- (the "Owner") agree as follows:
Agreements/04027001 1221 WOMP MAIW AGREEMENT.DOC ?
AGREEMENT
1. The Owner hereby provides the City and its designees with full right of access to the Device
and other control measures and the immediate vicinity of the property at any time, upon
reasonable notice; or in the event of emergency, as determined by City's Public Works
Director, no advance notice; for the purpose of inspection, sampling and testing of the
Device and other control measures, 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 repairs.
2. The Owner shall diligently maintain the Device and other control measures in a manner
assuring peak performance at all times. All reasonable precautions shall be exercised by the
Owner and the Owner's representatives in the removal and extraction of materials from the
Device and other control measures, and the ultimate disposal of the materials 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 recycle of disposal destinations, as appropriate.
3. In the event the Owner fails to perform the necessary maintenance contemplated by this
Agreement, within five (5) days of being given written notice by the City, the City is
authorized 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 from the date of the notice of expense until paid M full.
Aareements/04027001 1221 VNIOMP MAINT AGPEEMENT.DOC 3
4. The City may require the Owner to post security in a 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 its obligations under this Agreement, the City may, in the case of a cash
security deposit,act for the Owner using the proceeds from such cash security; or in the case
of a surety bond, require the surety to perform the obligations of this Agreement. As an
additional remedy, the City may withdraw any previous stormwater related approval with
respect to the Property on which a Device or other control measure has been installed until
such time as the Owner repays to the City its reasonable costs incurred in accordance with
Section 3, above.
5. This Agreement 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 lien
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.
6. In event of 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 in-house counsel at private
rates prevailing in San Bernardino County).
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Agreements/04027001 1221 WQMP MAINT AGREEMENT.DOC
7. It is the intent of the parties that the burdens and benefits herein undertaken shall constitute
covenants that ran with the Property and shall constitute a lien against the Property.
8. 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
Owner, but also its heirs, successors, executors, administrators and assigns. The Owner
shall notify any successor to title of all or part of the Property about the existence of this
Agreement. The Owner shall provide such notice prior to such successor obtaining an
interest in all or part of the Property. The Owner shall provide a copy of such notice to the
City at the same time such notice is provided to the successor.
9. Time is of the essence in the performance of this Agreement.
10. 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 written
notice thereof to the other party.
CITY OWNER
Public Works Director Hermelinda Ruiz
City of Redlands 1201 Tribune Street, Apt. A
PO Box 3005 Redlands, CA 92374
Redlands, CA 92373
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Agreements!04027001 1221 VVQMP MAINT AGREEMIENTDOC
11. This Agreement represents the entire agreement of the parties hereto as to the matters
contained herein and supersedes any and all prior written or verbal agreements between the
parties as to the subject matter hereof.
12, This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
13. Any amendment to this Agreement shall be in writing and approved by the City Council of
City and signed by City and Consultant.
IN WITNESS WHEREOF,the parties hereto have affixed their signatures as of the date first
written above.
CITY OF REDLANDS OWNER:
0
JqHarrison-, Mayor Hermelinda Ruiz, Owner
Attest:
Lor5APoyzer, Cit�"r
6
Agreements,'04027001 1221 WOMP MAINT AGREEMENT.DOC
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code., and
Chapter 2, Division 3, Section 40814, of the California Government Code., on August 28, 2006,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorne Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer { X} personally
known to me - or - I I proved to me on the basis of satisfactory evidence to be the persons whose
names) are subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
\\X1M11T1f1jj11' WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
A�k.... ..... 4'
By:
Teresa Ballinger, Assistai City Clerk
(909)798-7531
Es
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement
Date of Document: August 28, 2006
Signer(s) Other Than Named Above: Hermelinda Ruiz, Owner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
S&
County of
On 141/4t4 s7.Q 6 before me,
5ate I Narne and Title of Officer(e.g,"Jane Doe,Notary 101,j
personally appeared A41C Gt IVb
Name(s)of Signers}
E personally known to me
/Yproved to me on the basis of satisfactory
evidence
to be the person(+ whose name( is/axe
subscribed to the within instrument and
acknowledged to me that heitshefttrey executed
the same in his/her/their authorized
MARY A.ARUTA capacity(iofo-, and that by h4aher/their
CAMMIssion#14666417 signature(r�on the instrument the person*, or
Ila 0]
a
Noill Pubic-Callillomb
the entity upon behalf of which the person(4?-
Son Bemmd1no Cou* acted, executed the instrument.
MvC0mm.ExpkwJan29.
WITNE;9S my hand and official seal.
............... Putt e
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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:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
[I Individual Top of thurnb here
0 Corporate Officer—Title(s):
1-7 Partner — El Limited E-j General
L
Attorney-in-Fact
71 Trustee
El Guardian or Conservator
Other.
Signer Is Representing:
1399 National Notary Association-9350 De Soto Ave,P.O-Box 2402-Chatsworth,CA 91313-2402 wwwnationalnotary.org Prod No 5907 Reorder Call Tofi-Free 1.800-876-6827
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EXHIBIT "A"
(Legal Description)
PARCEL 3
The East 1/2 of the South 50 feet of the North 361.50 feet of the East 1/2 of the East 1/2 of the
Northwest 1/4 of the Southeast 1/4 of Section 22, Township 1 South, Range 3 West, San
Bernardino Meridian, in the City of Redlands, County of San Bernardino, State of California,
according to the Official Plat thereof.
Excepting any portion embraced within Tribune Street and that portion lying within the alley
between Tribune Street and Herald Street.
This Legal is made pursuant and in compliance of that certain Certificate approving a Lot Line
Adjustment, Certificate# (none), recorded October 12,1989 as Instrument No. 89-381999.
Affects APN: 0167-261-68
Contains approximately .016 acres " ,
1 h
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E
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EXHIBIT "A"
(Legal Description)
PARCELS
The East 40 feet of the West 185 feet of the North 50 feet of the South 300 feet of the North 1/2
of the East 1/2 of the East 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 22, Township
IS, Range 3 West, San Bernardino Meridian, in the City of Redlands, County of San Bernardino,
State of California, according to the Official Plat thereof.
Affects APN: 0167-261-60
Contains approximately 0.05 acres
jgo. x4,8r-3
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ill.
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EXHIBIT "A"
(Legal Description)
PARCEL 6
A portion of the North 1/2 of the East 1/2 of the East 1/2 of the Northwest 1/4 of the Southeast
1/4 of Section 22,Township 1 South, Range 3 West of San Bernardino Meridian, in the City of
Redlands, County of San Bernardino, State of California, further described as follows:
Beginning at the intersection of Lugonia Avenue and Tribune Street, as shown on a Record of
Survey recorded in Book 95, Page 78 as Instrument No. 92-373793 of Official Records of said
County, recorded September 10, 1992; thence South 89°35'46" West, a distance of 20.00 feet;
thence South 00°00'18" West, a distance of 361.50 feet to a point also being the Southeast corner
of the North 361.50 feet of the East 1/2 of the East 1/2 of the Northwest 1/4 of the Southeast 1/4
of Section 22; thence South 89°36'04" West, a distance of 13.82 feet to the True Point of
Beginning;
Thence South 89°36'04" West, a distance of 16.18 feet to a point also being the northeast corner
of a parcel described as Parcel 6 by Document No. 2004-0495120 of Official Records of said
County, recorded July 13, 2004; thence along the northerly line of said Parcel 6, South 89°36'04"
West, a distance of 113.19 feet to the Northwest corner of said Parcel 6; thence along the
westerly line of said Parcel 6, South 00°01'25" East, a distance of 50.00 feet to the Southwest
corner of said Parcel 6; thence along the southerly line of said Parcel 6,North 89°36'04"East, a
distance of 113.17 feet to the southeast corner of said Parcel 6; thence North 89°36'04" East, a
distance of 5.20 feet to the beginning of a non-tangent curve, a radial to which bears North
79°48'48" West; thence northerly along a 330.00 foot radius non-tangent curve concave
southeasterly through a central angle of 04°38'10", a distance of 26.70 feet to a point on a 270.67
foot radius reverse curve; thence along said reverse curve a distance of 24.58 feet through a 4
central angle of 05°12'12" to the True Point of Beginning.
Affects APN: 0167-261-14
[E Contains approximately 6,195 SF
W 14853
f
CITY OF REDLANDS
COUNTY OF SAN BERNARDINO
�IgTE: SCALE: 1"=30'
A LAND SURVEY WAS COMPLETED IN OCTOBER 2004 BY
HILLWIG-GOODROW, LLC. THE DATA SHOWN IS A RESULT OF
THAT SURVEY.
THESE PARCELS ARE VACANT LAND AND PER DEED, DOC S89'35'46W
NO. 2004-0495120, RECORDS OF SAN BERNARDINO 20.00'
COUNTY, RECORDED JULY 13, 2004. LUGONIA AVE
i
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PARCEL 2
DOC NO. 2004-0495120
APN 0167-261-67 EXIST H
JAVIER GARCIA
EXIST RW--.,-. o W
ALLEY _ _S8_9'35'33"W 144.5_0'
RW 589_59_52'WSRZ_--
o EXIST PL N00'00'21"W 4.82' E
APNLO PARCEL 3 qO-EXIST i o
67-261-5 DOC NO. 2004-0495120 O
APN 0167-261-68 RW 10 Z
,0 i HERMELINDA RUIZ S89'36'04"W i voi
28.67' 0 16.18'
b 11.33' 2
_ r
Z EXIST PL 80'22'50~4E�RZ i F r
113.19' _ __
-- r 40' -- i
S89'36'04"W 169.37' i
i
PARCEL 5 B I S89'3*'04"W
EXIST PL-\ w DOC NO. 2004-0495120 1, 1 131,82' r
APN r
In
jo 0167-261-60 1 75.10`
o38
w o i r o PARCEL 6 iIJ
o 'n APN 0167-261-14 r
b0 voi HERMEUNDA RUIZ C
i
o� EXIST PL 30'
N89'36'04"E 153.17' -- N7_9_48_48
113.17' - R
i
PARCEL 4 5.20'
DOC NO. 2004-0495120 f- N89'36'04"E1, r
APN 0167-261-15 to
XIST
ALLEY CLEMENTINA CORREA x
i
RW
NOTES:
OPREVIOUSLY VACATED RW (2006)
FD N&T - THE SOUTHEAST CORNER OF THE
NORTH 361.50' OF THE EAST 1/2 OF THE OFESg
EAST 1/2 OF THE NORTHWEST 1/4 OF THE o QR G. F�,
SOUTHEAST 1/4 OF SECTION 22 yyFy�
i
EXHIBIT "B" No. 14853
�r Exp. 3— —47 #
LEGEND �re 0�
PROPOSED DEDICATION AREA = 500.33 SF
-- -- EXIST PROPERTY LINE PREPARED BY:
-- GINEERING RESOURCES OF
-- EXIST RIGHT-OF-WAY
SOUTHERN CALIFORNIA, INC.
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