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HomeMy WebLinkAboutContracts & Agreements_178-2008_CCv0001.pdf v Recorded in official Records, County of San Bernardino PLEASE COMPLETE THIS INFORMATION 1012412008 LARRY WALKER 8,32 AM RECORDING REQUESTED BY: Auditor/Controller — Recorder LM CITY OF REDLANDS OWN, F R Regular Mail Titles: 1 AND WHEN RECORDED MAIL TO: Doc#: 2008—0472175 Pages: 10 CITY CLERK I Fees CITY OF REDLANDS Taxes 0.00 P-0. BOX 3005 I Other 0.00 0.00 REDLANDS , CA 92373 PAID X0.20 SPACE ABOVE FOR RECORDER'S USE ONLY STORM'wATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS l AND MAINTENANCE AGREEMENT 0174-234-47 and 0174-231-48 Title of Document A ° © D ° 0D D Q 0 THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) (Rev. 1/07:dt) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 REQUIREDfi SPACE ABOVETHIS LINE FOR REVORDER'S USE PER GOVERNMENT CODE SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0174-23-4-47 and 0174-231-48 THIS AGREEMENT is made and entered into this_L6� day of 2008, by and between Peter and Pamela Sanchez, Husband and Wife as joint 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 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 Owner's development project commonly known as a single family residence at 1610 Marion Road, Redlands, CA 92374 and filed as Building Permit #130702299 (the "Project"), the City required the Project to employ on-site Z�l 01 control measures to minimize pollutants in urban storrnwater runoff, and WHEREAS, the Owner has chosen to install an efficient irrigation system, drought tolerant plantings, roof runoff control measures, appropriate trash/litter control measures, a porous landscape detention/infiltration area, and pervious surfaces in the landscaped areas (the "Devices") to minimize pollutants in urban stormwater runoff, and WHEREAS, the Devices have been installed in accordance with plans and specifications approved by the City; and 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 periodic 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 1 Z7� space and waste disposal methods In effect at the time Such maintenance occurs'. Cty c'Pedisn s Agreement vers=January 2007 NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and Peter Sanchez agree as follows: AGREEMENT I The Owner hereby provides the City and its designees with full right 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 City's Public Works Director 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 materials from the Devices, 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 location of disposal destinations, as appropriate. 3. In the event the Owner fails to perform the necessary maintenance required by this Agreement within thirty (30) days of being given written notice by the City to do so, setting forth with specificity the action to be taken, 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, 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 Numbers 0174-231- 47 174-231-47 and 0174-231-48, 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 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. 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 CA,,;cif Redlands Agreement Version January 2007 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. S. 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 Peter Sanchez City of Redlands P.O. Box 3005 4900 Arlington Avenue, Suite A Z:� Redlands, CA 92373 Riverside, CA 92504 9. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. Any amendment to this Agreement shall be in writing 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 written above. C I TE'�90 D LA N D S: OWNER: 6" z� f c;/4 _-Z :Fon ifarrison, Mayor Peter Sanchez, Owner Attest: *r?,Cl rl Lorri , oyzer, t I rk P ela Sane z, ner Cin,of Redand, Aareernent Ve,:nor,JaNjary 2007 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 October 21, 2008 , before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer { X} personally known to me - or - { } 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. \\Ok1jnl WITNESS my hand and official seal. 0 V /Z ............ LORRfE POYZER, CITY CLERK % (P BY: 188 Teresa Ballinoer, Assistant C4 Clerk .......... -it I 1z 0�tk\'t-I \ (909)798-7531 N —————————1,(..<,-..————————————————---- CAPACITY ---CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves 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: Storni%vater Treatment Device and Control Measure Access and Maintenance Aureernent: AIIN 0174-2 34-4 7 and 0174-231-48 Date of Document: October 15, 2008 Sq,,ner(s) Other Than Named Above: Peter Sanchez, Owner and Pamela Sanchez, Owner 1, ACKNOWLEDGMENT State of California County of nve'-51AZ A On r2��(�- before me, (insert name and title of the officer) personally appeared— el __ I A-" who proved to me on the basis of satisfactory evidence to be the persort(orwhose namegNa� s scribed to the within instrument and acknowledged to me tha �' ey executed the same in i lhti�eir authorized capacity, and that b)(FijWbefft�h-eir signature(2)'on the instrument the person , or the entity upon behalf of which the person(g) 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. Nofty pa*-CONW* *Awdo COMM Signature (Seal) ACKNOWLEDGMENT State of California ( County of On--�.4 s V , before me, — �4tG C f U t4 (insert name and title of the officer) personally appeared VAWf�� 2 who proved to me on the basis of satisfactory evidence to be the pers whose nameW4)arer sloscribed to the within instrument and acknowledged me that executed the same in it authorized capacitySiet), and that by eir signature.(,b'j on the instrument the persn ,or the entity upon behalf of which the pers 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. + k N c >t Signature (Seal) Exhibit"A" LEGAL DESCRIPTION That real property in the City of Redlands, County of San Bernardino, State of California, described as follows: That portion of Lot 26 of Crafts Map of Redlands Heights, in the City of Redlands, County of San Bernardino, State of California,, as per map recorded in Book 11, Page 1.6, in the office of the County recorder of said County, further described as being Parcel A of that certain Certificate of Compliance, recorded April 5, 2004 as Instrument No. 04-0230902 of official records,described as follows: Commencing at the northeast comer of said Lot 26, said point being on the centerline of Marion Road(formerly Daisy Avenue)-- Thence South 31 0l' 55" East, along the easterly line of said Lot 26, a distance of 60.41 feet to a point that lies on the southerly right of way line of said Marion Road, said right of way line being 30.00 feet southerly of the centerline of Marion Road, measured perpendicular to the centerline, as per the Offer of Dedication for public roads and incidental purposes recorded March 22,2004 as Instrument No. 04-0194158 of Official Records; Thence North 60' 48' 30" West, along said southerly line of Marion Road, a distance of 131.61 feet to the northeasterly comer of said Certificate of Compliance, recorded April 5. 2004 as Instrument No. 04-0230902 of official records,the Point of Beginning; Thence along the boundary of Parcel A of said Certificate of Compliance as Instrument No. 04-0230902,the following courses: Thence South 16'29' 36"West, a distance of 437.87 feet; Thence South 28'33' 21"East, a distance of 169.00 feet to the south line of Lot 26; Thence South 890 59' 15" West, along the north live of Tract 10143, a distance of 275.41 feet to the southwest comer of said Lot 26; Thence northerly along the west line of said Lot 26, North 12'37'00"West, a distance of 138.80 feet; Thence continuing along said west line, North 29' 36' 19" East, a distance of 548.31 feet to said southerly tight of way of Marion Road, as per the Offer of Dedication for public roads and incidental purposes recorded March 22, 2004 as Instrument No. 04-0194158 of Official Records, Thence South 60' 48' 30" East, along said southerly line of Marion Road, a distance of 89.75 feet, more or less, to the Point of Beginning; IW Consulting Engineers,Inc. 3544 University Avenue * Riverside CA 92501 * Ph:(9511687-9q9A a - Together with a portion of Marvin Avenue vacated by the City of Redlands per Resolution No. 2198. As shown on Exhibit"B"attached hereto; Area described contains 106,902 square feet or 2.45 acres,more or less. This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act. 14 Je#Ji y M.Barnes,PLS 7663,Exp, 12-31-08 Date No. 7663 J"r Exp, (2-31-08 CAIS IW Consulting Engineers,Inc. 3544 University Avenue • RivPmiriP(',Aq9;ni a r-)h-I0r,1IiZO71)n')rI E HlPl T B A � SITE cS'g `\.60;, cs rr�e a P 0.6 r too 6'1 VICINITY MAP Avr ro sr" 174-2,31-007 LO OT 13 � r 'V r L o / PA RML 0 Al 174-2,31-046 PARCEL B 174-2,31-048 174231-047 PA RML A J Ins t . No. ,2004-02, 0902 0 ' co-4 y 27No. 7663 �n � c� E*12-31-M � 5 89°59'15"W 275.41 ' THIS PLAT IS LI r AN AID IN L rlt ;t-f-A TTAOIED TRACT 10143, MB 145131-38 � � ��� G Al xx tPTIM AAV IS AVT A p `—ConsultingW-Consulting Engineers, be, GYQ P E�`NIBI1 COO 15 .005 Civil Engineering By. ,R Surveying 16 10 MARION ROAD DAA: 05128108 Lind Planning 44 r;oer {v e -ue 95 A.PN : 0174-231-48 SCALE f"=80 e =A {J, F 9568 `9 IN THE CITY REDLANDS PAGE 1 6F l Oro win q >rl15Z00S�Fin t;, ghjbits k 11570717W17P fsot.dwq G EASEMEN? Las/ Sawed , ,'u1 29, 2008 - 5:02pm Last pta!ied: Mon Aug iL? 2008 - 4:Mpm