Loading...
HomeMy WebLinkAboutContracts & Agreements_165-20227/29/22, 4:01 PM Document-22402076-Page-1 RECORDING REQUESTED BY: NIUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT CITY OP REDLANDS WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNM SECTION 6103 0 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor -Recorder -County Clerk DOC# 2022-0262722 07/29/2022 Titles: 1 Pages: 9 11:48 AM SAN Fees 989dra- Taxes $0.00 F3010 CA SB2 Fee $0.00 de KECElPT CotgalED '/S/zZ 2.2 Doeut-%WT SiirouLD ReconcelJ AS 0° FE E .l. _'l t ORI't'. hf STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0294-133-03 THIS AGREEMENT is made and entered into thist day of 2022, by and between Gary 5 Penrod and Nancy K Penrod, Husband and Wife as C mmunity Property ("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 501 Elder Way and filed as M16-0085 (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 Gravel Infiltration Trench (the "Devices") to minimize pollutants in urban stormwater runoff; specifically described 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 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 about:blank 1/1 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 Gary S Penrod and Nancy K Penrod, Husband and Wife as Community Property agree as follows: AGREEMENT 1. 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 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 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 Nos. 0294-133-03, 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 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 written notice thereof to the other Party. CITY OWNER City Engineer Gary S Penrod and Nancy K Penrod, City of Redlands Husband & Wife as Community Property P.O. Box 3005 50I Elder Way Redlands, CA 92373 Redlands, CA 92373 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. CITY OF REDLANDS: Charles M. Duggan Jr., ity anager Attest: e Donaldson, City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 1f 97eeri vAi+'10 On aul� 22 Z.b27_ before me, Date i personally appeared Cl rk5 PIA jti• c r- } vtrts� `"IGtGc�S, N04-a Pui[7iiL, 1 Here Insert Name and Tiff_ of the Officer ►-Wofl Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose nameLs) 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() on the instrument the person(, or the entity upon behalf of which the person. ) 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. JENNIFER MACDAS Notary Public - California 5an Bernardino County Commission 0 2388813 My Comm. Expires Dec 31, 2025 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL r� 4 \Signature of Notary Public Though this this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document y �, ,+, Title or Type of Document: AP/ 1' ntai 1 Vte Document Date: ,1[AA'7( f-)71 Z02Z Number of Pages: 1 Signer(s) Other Than IVmed Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's_Name: ❑ Corporate Officer --- Title(s): - orporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 sari Serarc i o0 ) On \J 14 N I (96(X� before me, . r 1 �Gf ( i l� ' l,[,U i Date e Here Insert Name a d Title of the Officer personally appeared Cesar-L S. eni Name(s) of Signer(s) Nar 1. 'Ceara who proved to me on the basis of satisfactory evidence to be the person(s) whose name() Ware subscribed to the within instrument and acknowledged to me that ire/ahc/they executed the same in ..Ilia/her/their authorized capacity(ies), and that by hW er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ERICA BANDA Notary Public - California San Bernardino County Commission # 2251041 My Comm. Expires Aug 21, 2022 Place Notary Seal 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 nd and official seal. Signature OPTIONAL Signature of Notaty Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Titleo Description ofo Attached Document,n Q /� f r 2f 022 Title or Type of Document: m Yf I fi ocument Date: 6 I J Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): H Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee E Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): Pi Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact Li Trustee ❑ Guardian or Conservator FA Other: Signer Is Representing: C zs? GG c zcZZ CSC eCGC TtirC t c Cs c GEC? T `? c cs(> < _ c02014 National Notary Association • www.NationalNotary,org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: ALL THAT PORTION OF THE NORTHWEST 1/4 OF 'THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO TIE GOVERNMENT PLAT TFIEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4; THENCE NORTH 89° 39-1/2° EAST, 750.7 FEET; THENCE SOUTH 13° 57-1/2 EAST, 180 FEET TO THE PLACE OF BEGINNING, THENCE FROM SAID POINT OF BEGINNING, SOUTH 13° 57-1/2' EAST, TO THE CENTER LINE OF A 30 FOOT ROAD; THENCE ALONG THE CENTER LINE OF SAID ROAD SOUTH 54°54' WEST, 5.83 FEET TO A CURVE CONCAVE TO THE LEFT WHOSE RADIUS IS 50 FEET; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION, 63.06 FEET; THENCE SOUTH 17° 22' EAST. 103.6 FEET TO A CURVE CONCAVE TO THE RIGHT WI -LOSE RADIUS IS 50 FEET THENCE ALONG SAID CURVE IN A SOUTHERLY DIRECTION 53.90 FEET, THENCE SOUTH 44° 24' WEST, 70.1 FEET TO TI-IE CENTER HUE OF A 40 FOOT ROAD THENCE NORTH 45° 36 WEST, 260 FEET ALONG SAID ROAD; THENCE LEAVING SAID ROAD. NORTH 42°48' EAST. 300.26 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION LYING WITHIN ELDER ROAD AND ELDER WAY NOTE: THE AREA AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP. PARCEL NO. 2: A NON-EXCLUSIVE EASEMENT OVER ALL THAT PORTION OF TFIE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO THE GOVERNMENT PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING A'I' THE NORTHWEST CORNER OF SAID NORTHEAST 1/4 OF SECTION 12: THENCE NORTH 89° 39'30" EAST, 750.78 FEET; THENCE SOUTH 13°57' 30" EAST, 312.26 FEET TO THE TRUE POINT OF BEGINNING THENCE ALONG THE NORTHWEST EDGE OF THE EASEMENT ROAD SOUTH 54°54 WEST, 11.63 FEET TO A CURVE CONCAVE TO THE EAST WHOSE RADIUS IS 65 FEET THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION 81.98 FEET; THENCE SOUTH 17° 22 EAST, 103.6 FEET TO A CURVE CONCAVE TO THE WEST WHOSE RADIUS IS 35 FEET; THENCE ALONG SAID CURVE IN A SOUTHERLY DIRECTION 32.73 FEET; THENCE SOUTH 44° 24 WEST 50.1 FEET TO THE NORTHEASTERLY EDGE OF ELDER ROAD; THENCE SOUTH 45° 36 EAST 30 FEET TO TIE SOUTHEAST EDGE OF THE EASEMENT ROAD; THENCE NORTH 44° 24 EAST 50.1 FEET TO A CURVE CONCAVE TO THE WEST WHOSE RADIUS IS 65 FEET; THENCE ALONG SAID CURVE IN A NORTHERLY DIRECTION 70.07 FEET; THENCE NORTH 17° 22 WEST 103.6 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST WHOSE RADIUS IS 35 FEET: THENCE ALONG SAID CURVE IN A NORTI-IEAS'TERLY DIRECTION 44.15 FEET; THENCE NORTI-I 54° 54' EAST, 65.83 FEET TO THE BEGINNING OF CURVE CONCAVE TO THE SOUTH WHOSE RADIUS IS 25 FEET THENCE ALONG SAID CURVE IN A NORTHEASTERLY DIRECTION 15.71 FEET TO TI-IE BEGINNING OF A CUL-DE-SAC WHOSE RADIUS IS 25 FEET; THENCE EASTERLY, NORTHERLY AND WESTERLY AROUND TFIE CUL-DE-SAC 110.72 FEET TO THE TERMINATION OF THE CUL-DE-SAC AND THE BEGINNING OF CURVE CONCAVE TO TI-IE NORTH AND WI -LOSE RADIUS IS 25 FEET; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION 15.71 FEET; THENCE SOUTH 54° 54' WEST 54.2 FEET TO TI-IE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL IS SI-IOWN AS ELDER WAY BY RECORD OF SURVEY- RECORDED IN BOOK 2, PAGE 38, RECORDS OF SAID COUNTY, LYING IN LOTS 6,7, 8 AND 9 OF SAID RECORD OF SURVEY. pL LAND BERNFIARD K. MAYER No. 7319 Expl3a z? 40F CALF A N.W, COR., I N.E. 1/4, I SEC. 12 * EXHIBIT B PLAT MAP <N 89'39'30" E> 750.70' apt LAND� b BERNHAFlD K. MAYOR No.7319 �P�du.2J CF CALN FD. SPIKE & WASHER L.S. \ 7232 • • VACANT LOT 5 R.S. 2/38 it \ � O \ AiS. 4s. `1" <N 54'54'00" E> <11.63'> SFR LOT 6 R.S. 2/38 PORTION OF THE NW 1/4 OF THE NE 1/4 SEC. 12, T.2S, R.3W. \ \ \ \'0 \\ \o ED. SPIKE?' L. WASHER \ v, L.S. 7232 \\ < > -INDICATES RECORD DATA RECORD <L=31.42'> \ OF SURVEY 2/38, RECORDS OF <R=20.00'> SAN BERNARDINO COUNTY. <4=90.00'005 SCALE: 1 "=50' FD. 1" IRON PIPE R.E. 1921 SFR a LOT 7 R.S. 2/38 O 43 1 O / / / / / N / �1 ,/ \ r / Z<L=81.981> <R=65.001> <A=72'16'00"> FD. 1" IRON PIPE R.E. 1921 / / VACANT PAR. 1 P.M. 7253 P.M.B. 74/26 <L=37.73'> <R=35.00'> I<4=61'46'005 i / IRON PIP E / / IRON PIPE SFR / W/NAIL PAR. 3 / P.M. 7253 P.M.B. 74/26 /-FD. SPIKE & WASHER L.S. \ 7232 Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency 1 TC-10 INFILTRATION TRENCH 34.01839 117.14546 OWNER QUARTERLY 2 3 4 5 6 7 8 9 10 SCALE: 1"=40' BMP #1 INFILTRATION TRENCH(TC-10) EXHIBIT D BMP MAP VACANT LOT 5 R.S. 2/38 BMP #3 VEGETATED SWALE(TC-30) < > -INDICATES RECORD DATA RECORD OF SURVEY 2/38, RECORDS OF SAN BERNARDINO COUNTY. <L=31.42'>\ \� <R=20.00'> <A=90°00'00"> SFR LOT 7 R.S. 2/38 \ / 7 7 7 i Z <L=81.98'> <R=65.00'> <A=72'16'00"> BMP #4 VEGETATED \ SWALE(TC-30) \ ‘,\ \\ \\ VACANT PAR. 1 P.M. 7253 P.M.B. 74/25 / / / / / / <L=37.73'> I<R=35.00'> <0=61°46'005 SFR PAR. 3 P.M. 7253 P.M.B. 74/26