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Home My WebLink AboutD-2018-M Stormwater Conveyance System APN 002-436-001 & 002-436-009RECORDING REQUESTED BY: City of San Luis Obispo WHEN RECORDED, PLEASE RETURN TO City of San Luis Obispo Community Development, Building & Safety Division 919 Palm Street San Luis Obispo, CA 93401 Tommy Gong San Luis Obispo -County Clerk -Recorder 06/26/2018 01:28 PM Recorded at the request of: PUBLIC Titles: 1 Pages: 4 Fees: $0.00 Taxes: 0.00 Total: 10.00 No fee pursuant to Government Code § 6103 No Documentary Transfer Tax per R&T Code § 11922 No Recording Fee per Government Code § 27383 City of San Luis Obispo Standard Private Stormwater Conveyance System Management and Maintenance Agreement Property Description: Site Address: 1102 Higuera Site APN: 002-436-011(portion) and 002-436-009 (portion) Permit No. BLDG-1733-2017 Project: New one-story building w/site improvements (hereinafter referred to as "PROJECT") Legal Description: Refer to Exhibit A, attached hereto This Agreement is made and ent �d into in San Luis Obispo, California, this _ `of day of , 20_�, by and between (hereinafter referred to as "OWNER") and the City of San Luis Obispo, a municipal corporation, located in the County of San Luis Obispo, State of California, (hereinafter referred to as "CITY"). This Agreement is made in accordance with existing codes and regulations and in accordance with the approved PROJECT plans and specifications on file at the CITY (hereinafter collectively referred to as "PLANS") with respect to the following recitals: RECITALS: The undersigned OWNER of the real property referenced above, hereby covenants with CITY to utilize on -site stormwater management systems (i.e. structural and/or non-structural) to minimize runoff and pollutants in runoff and to provide permanent storm drainage maintenance to control, manage, retain, treat, infiltrate and dispose of (1) on -site storm drainage for the PROJECT and (2) ancillary street and site drainage from the adjoining street and sites, as stipulated in the PLANS and in the Private Stormwater Operations and Maintenance Manual on file at the CITY (hereinafter referred to as "MANUAL"). The storm drainage improvements shown and described in the PLANS are hereinafter referred to as the "SYSTEM". OWNER is solely responsible for adhering to the requirements set forth in the PLANS and MANUAL and agrees to the following conditions in compliance with all local, state, federal laws and regulations and according to the PLAN and MANUAL: 1. MAINTENANCE: OWNER shall maintain the SYSTEM as required in the PLANS and MANUAL. 2. MONITORING: OWNER shall monitor the SYSTEM as required in the PLANS and MANUAL. 3. INSPECTIONS: OWNER shall routinely inspect the SYSTEM as required in the PLANS and MANUAL. 4. CLEANINGS: OWNER shall routinely clean the SYSTEM as required in the PLANS and MANUAL. 5. REPAIRS: OWNER shall repair the SYSTEM as required in the PLANS and MANUAL. zaig - M 6. DOCUMENT & REPORT: OWNER shall document all maintenance, monitoring, inspections, cleanings and repairs made to the SYSTEM in the annual report submitted to CITY by June 151h of each year in a format approved by CITY as detailed in the PLANS and MANUAL. 7. CITY'S RIGHTS & AUTHORITY: Pursuant to San Luis Obispo Municipal Code section 12.08.220, CITY has the right and authority to inspect the SYSTEM to determine compliance with this agreement (i.e. maintenance, monitoring, inspections, cleanings, repairs, documentation and reporting) which may result in enforcement activities and/or abatement if necessary pursuant to applicable laws and regulations. OWNER hereby consents to CITY conducting said inspections between the hours of 8:00 a.m. through 5:00 p.m., Mondays through Fridays. This Agreement shall not be construed as precluding CITY from conducting inspections, which may be necessary due to an emergency. 8. FAILURE TO MAINTAIN, CLEAN AND/OR REPAIR SYSTEM: Failure to maintain, monitor, inspect, clean, repair or document and report as required herein shall constitute a public nuisance. CITY may remedy such public nuisance through any of the applicable procedures as set forth in the San Luis Obispo Municipal Code, including but not limited to Chapter 1.24 and/or Chapter 12.08, and/or may pursue any other legal or equitable remedies to abate such public nuisance. 9. INDEMNIFICATION: OWNER further agrees to defend, indemnify, protect and hold CITY and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including to OWNER's tenants, guests, invitees, agents or employees, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of OWNER, and its agents, employees or contractors, in performing the obligations specified herein, and all expenses of investigating and defending against same; provided, however, that OWNER's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers or employees. 10.BINDING ON FUTURE OWNERS: This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, assigns and successors in interest. 11.NOTICES: Any notice, demand, request, consent, approval or communication to OWNER under this Agreement (hereinafter collectively referred to as "Notices") shall be in writing and either served personally or sent by prepaid, first-class mail to the person and address set forth below. Alternately, OWNER may elect to have Notices sent by e-mail if indicated below and an e-mail address is provided. OWNER shall notify CITY of any change in address, e-mail, or transfer of ownership. Any notice shall be deemed to be effective five calendar days after the date mailed or, if applicable, on the same date the notice was e-mailed. Name ln' N�(,T(jdYl{p1ft.� Company Address 79 City/State I agree to receive Notices by e-mail: Yes No E-mail address: OWNER: PEDP, Inc, a California Corporation Nicholas J. Tompkins, Its: President CITY OF SAN LUIS OBISPO: nterim Chief Building Official - K 0 Ay i r M a��- Building & Safety Division Community Development Department 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 Luis Obispo } ❑n L , before me, . _ - Damp l Nameand Title personally appeared, - 1 V�1p ,� q„$ T 1 C, Name ArSignet(g) who proved to me on the basis of satisfactory evidence to be the person whMT, namej4) {subscribed to the within instrum it and acknowledged to me tlia 11 lvtl�+ executed the same i�t;Vth9 f" authorized capacity(o), and tliat b} 1 r/tk6ir signature(4 on the instrument the person�W, or the entity upon behalf of which the personJ4 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. MICHELE A. TOMPKINS S my hand an official seal. Commission # 2107918 I Notary Public - California z x San Luis Obispo County Signatu M Comm. Expires May 5, 2019 Signet fOYNNary Public Nam Notary Swd Above 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 Luis Obispo On. C- Z 6- 2A 18 , before me, :0 f A i V L ML,.f' ( A L6 K; IY0.�1� R y r uwl-(c Date Namu and Title of the Officer' personally appeared, k@ D G E12 MA G G i 0 Name of Signers) 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. 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. DIANE DOSTALEK Commission * 2138341 Notary Public - California San Luis Obispo County Signature. 4yFE 9 VlAf qqyJ My Comm. Ex irs: Doc 25. 2019 Sig unurc of Notary Public Place Exhibit A Legal Description in Full For APNIParcel ID(s)., 002436-011 (portion) & 009 (portion Parcel 2 of Lot Line Adjustment No. SLAL 16-0244, recorded October 31, 2017 as Document No. 2017050014 of Official Records, described as follows: That real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, being a portion of Block 30 according to the Official Map of Bald City filed for record in Book A of Maps at Page 46 in the office of the County Recorder of said County, also being a portion of the property surveyed and shown on the map filed in Book 107 of Licensed Surveys at Page 15 (107-LS-15) in said Recorder's Office together with a portion of that real property described in the deed from Michael L. Blum and Karen Slum, Trustees of the Blum Living Trust dated August 28, 1992, to 1144 Higuera Investments, LLC, a California Limited Liability Company, recorded December 18, 2015, as Document Number 201 M63452 in said Recorders Office and also shown on the map filed in Book 3 of Licensed Surveys at Page 63 in said Recorder's Office more particularly described as follows: Comrnencing at the most Westerly corner of the property described in the deed to the City of San Luis Obispo, recorded January 29, 1970, in Book 1551 of Official Records at Page 542 (1551-OR-542), records of said County, thence along the Northwesterly line of the property so described North 54° 04' 22" East, 10.00 feet to a nail and tact "L.S. 5702" per said Licensed Survey; thence along the Northeasterly line of the property so described South 36' 21' 02" bast, 90.00 feet to the True Point of Beginning; thence leaving said Northeasterly line 1. North 64' 04' 22" East, 126.03 feet to a line parallel with and 10.00 feet Southwesterly of and measured perpendicular to the Northeasterly fine of the property described in the deed from Robert C. Hoyt and Ella M. Hoyt to W. T. Reid recorded September 1, 1923, in Book 162 of Deeds at Page 407 (162-DDS-407); thence along said parallel line 2. South 36" 20' 00" East, 21.48 feet to the Southwesterly projection of aline parallel with and 10,00 feet Southeasterly of and measured perpendicular to the Northwesterly line of the property described in the deed from Michael L. Blum and Karen Blum, Trustees of the Blum Living Trust dated August 28, 1992, to 1144 Higuera Investments, LLC, a California Limited Liability Company, recorded December 18, 2015, as Document Number 2015-063452 in said Recorders Office; thence along the projection of last said parallel line 3. North 54' 03' 31" East, 10.00 feet to the said Northeasterly line of the property described In said deed 162-DDS-407; thence continuing along last said parallel line 4. North 54' 03' 31" East, 59.59 feet; thence leaving said parallel line 5. South 36' 21' 02" East, 111,13 feel to the Northwesterly right-of-way of Higuera Street 65.00 feet wide; thence along said right-of-way 6. South 53' 37' 58" West, 195.61 feet to a nail and tag "LS 5702" set to mark the most Easterly corner of the properly described in said deed 1551-OR-542 per said Licensed Survey; thence along the Northeasterly line of the property described in last said deed 7. North 36' 21' 02" West, 134,10 feel to the True Point of Beginning. Excepting therefrom any oil, gas and other minerals as reserved in deed recorded July 15, 1998 as Document Number 1998-043638 of Official Records, END OF DOCUMENT