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HomeMy WebLinkAbout2024-006545 2024006545 Elaina Cano San Luis Obispo - County Clerk-Recorder 03/12/2024 04:34 PM Recorded at the request of PUBLIC RECORDING REQUESTED BY: Titles: 1 Pages: 13 City of Arroyo Grande Fees: $0.00 Community Development Department Taxes: $0.00 Total: $0.00 WHEN RECORDED,PLEASE RETURN TO (SYSTEM OWNER ADDRESS) City Clerk 300 E. Branch Street Arroyo Grande, CA 93420 AGREEMENT Private Stormwater Management System Operation and Maintenance And Right of Entry SWP Case#: 19-000020 (From Community Development Department) Property Address: 250 Ridgeview Way (NT t-1 IO JCk..1 (J\ golf Z® (Street No. &Street Name, City) Property APN: 007-241-024 Building Permit#: 17-000317 Project Description (hereinafter referred to as "Project"): Development of a single family residence, driveway,and garage. Legal Description: Refer to Exhibit A, attached hereto System Description: Refer to Exhibit B, attached hereto This Private Stormwater Management Facilities Operation and Maintenance Agreement and Right of Entry ("Agreement") is made and entered into this f -'=' day of _ , 20 , by and between Dave Daniels (hereinafter referred to as "Property Owner") and the City of Arroyo Grande, located in the State of California, (hereinafter referred to as "City"). The Property Owner and City are individually referred to herein as a "party" and collectively as the "parties." This Agreement is made in accordance with existing codes and regulations and in accordance with the approved Project plans and specifications (hereinafter collectively referred to as "Plans") with respect to the following recitals: City of Arroyo Grande Page of UPDATED 11/30/2018 RECITALS The undersigned Property 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 stormwater 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 Exhibit B are hereinafter referred to as the "System." Property 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 Plans and Manual: 1. MAINTENANCE: Property Owner shall maintain the System as required in the Plans and Manual. 2. MONITORING: Property Owner shall monitor the System as required in the Plans and Manual. 3. INSPECTIONS: Property Owner shall routinely inspect the System as required in the Plans and Manual. 4. CLEANINGS: Property Owner shall routinely clean the System as required in the Plans and Manual. 5. REPAIRS: Property Owner shall repair the System as required in the Plans and Manual. 6. DOCUMENT & REPORT: Property Owner shall document all maintenance, monitoring, inspections, cleanings and repairs made to the System in the annual report submitted to City by June 1St of each year in a format approved by City as detailed in the Plans and Manual.The Annual Stormwater Post-Construction Processing Fee shall be billed to the Property Owner upon receipt and processing of the annual inspection report as established in the City's standard fee schedule. 7. CITY'S RIGHTS & AUTHORITY: Per this Agreement, City has the right and authority to inspect the System to determine compliance (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. Property 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. The City may remedy such public nuisance through any of the applicable procedures as set forth in the City of Arroyo Grande Municipal Code, and/or may pursue any other legal or equitable remedies to abate such public nuisance. City of Arroyo Grande Page of UPDATED 11/30/2018 9. INDEMNIFICATION: Property Owner further agrees to defend, indemnify, protect and hold the 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 Property Owner's tenants, guests, invitees, agents or employees, which arise from or are connected with or caused or claimed by the acts or omissions of Property 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 Property Owner's duty to indemnify and hold harmless all not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. Nothing in this Agreement, City's approval of the subdivision or other applications or plans and specifications, or inspection of the work, is intended to acknowledge responsibility or liability therefor unless otherwise provided by applicable law. 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. Any change in property ownership shall result in notification, including new Property Owner contact information, to the City within 30 days the title transfer. 11. RECORDING OF AGREEMENT: This Agreement shall be recorded in the office of the San Luis Obispo County Recorder, and such recordation shall serve as notice of the restrictions and obligations contained herein to be performed and observed by Property Owner and the successors in interest to all or any portion of Property Owner's Property. 12. NOTICES: Any notice, demand, request, consent, approval or communication to Property 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, Property Owner may elect to have Notices sent by e- mail if indicated below and an e-mail address is provided. Property 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. Dave Daniels 250 Ridgeview Way System Owner (Printed Name) Owner's Street Address Arroyo Grande, Ca 93420 Business Affiliation and Title Owner's City/State, Zip Code (if applicable) — •' )'),3 dave@ccbl.net Date Owner's Email Address: I agree to receive Notices by e-mail: Yes El No Q City of Arroyo Grande Page of UPDATED 11/30/2018 PROPER OWNER: 4 System Owner, Signature) Date ZA\( NN\\ELS System Owner (Printed Name) KN pave Daniels Business Affiliation and Title (f applicable) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identityof the individual who signed the document to which this certificate is attached, andnot the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On .4,(1 1 k4"'" , 2022, before me, C../;,b 6 1?WO C a Notary Public, in and for the State of California, personally appeared ✓ ��(e \� to s , who proved to me on the basis of satisfactory evidence to be the person(,) whose name(t) is/are subscribed to the within instrument and acknowledged to me that he/fie/thity executed the same in his/her/t ,eir authorized capacity( s), and that by his/laerikeir signatures) on the instrument the personas) 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. WITNESS my hand and official seal. jitmandlik ____ �./ r DAVID COOL Notary Public•California = Signature �: San Luis Obispo County' _nature of Notary Public n Commission#2440913 [SEAL] '•Lma•~ My Comm.Expires Mar 25,2027 City of Arroyo Grande Page of UPDATED 11/30/2018 CITY OF ARROYO GRANDE: Matthew Downing City Manager,City of Arroyo Grande 37/77 z� Date ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identityof the individual who signed the document to which this certificate is attached, andnot the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On � ,A2�1�2 , 202 { before me, . SSVLCN t�- 0r a Notary Public, in an for the State of California, personally appeared N \R>z , 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. Signatureci.ch-4,tie-Zh NotaJESSIryPublicG MI•TSONCalifornia Signature of NotaryPublic I San Luis Obispo County I Commission#2395008 [SEAL] % My Comm.Expires Mar 22, 202i City of Arroyo Grande Page of UPDATED 11/30/2018 Exhibit A THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARROYO GRANDE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: REMAINDER PARCEL OF THE SUBDIVISION OF THE REMAINDER OF PARCEL MAP AG87-240 IN THE CITY OF ARROYO GRANDE RECORDED IN BOOK 46 OF PARCEL MAPS PAGE 90, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. APN: 007-241-024 v__:____ T- \ \ RIDGEVIEW WAY DMA 3 BMP# 13,820 SF \ DMA 2 i\_....\... 19-000020-04 : —A 4,800 SF, r�``� - BMP# BMP — — I ••ii,... „ — - # - 19-000020-05 1 �"� _� k` LI y f���,•m�,�-- 19-000020-03 \ \ / I ll I fr' ;;j1 ,511 Ir%� `,1 4 Now�\���\ .�� 19-000020-02 \ ,\ \ \ i /Prig ; r joteIUW BMP1 \ I ,9_000020-0, • ' oRA ' i /wIID�I, ,� ,ss.,,, 15 WE- il trOPOPirt EAAR SEMENT /1111,Poldii/gpi� ;41 ♦ 41 / i 36' DRAINAGE DMA4 �I/�����,�t���I ` 4it �‘ ''� EASEMENT \ 19,000 SF �'���```�1f, \" I \ aS �► 1 � 1` 01 ! 1.0 I 1 \ joh ,-- - :1 -4 k b• \ Dibi8 \.1 i \ r..-- - - - ---r- - ; 7800 SF, , I R \ --\----- ► E 6 .. I 1 � 1 1 / ilik 4 I 4 1 1 - ► I\i lifiti \\ 30,300 SF ► ' 1 I 411 il Ips a 1 1 • J 1 , I I 111111111 r • ► �si PAD 1281 \ ► iii 2750 SF i Nj- W, , ,,.. / c� . I C1t • ` % 1 \ ` - _ ' ► \ IMPERVIOUS "POST" \\ - - ]" HARDSCAPE 9,950SF \ BMP 19-000020-06 - `+ / IMPERVIOUS POST Q, , ..! BUILDING 5,000SF p DMA BOUNDARY .I r . SHEET TITLE: JOB NO. 15-509.002 EXHIBIT B DRAWN BY: PDM GARING, TAYLOR & ASSOCIATES, INC. PROJECT: DATE: 2019-08-12 CIVIL ENGINEERS • SURVEYORS • PLANNERS 141 SOUTH ELM STREET ARROYO GRANDE,CA 93420.(805)489.1321 250 RI DGEVIEW WAY SCALE: 1" = 60' I Exhibit B: Structural Best Management Practice (BMP) Description B M P#:19-000020-01 1. Performance Requirement ❑X Water Quality Treatment 0 Runoff Retention XO Peak Management Addressed (Performance Requirement (Performance Requirement (Performance Requirement (Check all that apply): #2) #3) #4) Decentralized BMP: *Biofiltration Feature Bioretention Feature Bioswale El Catch Basin Insert l]Infiltration Feature 2.Type of BMP Installed: it Settling Basin in Porous Pavement 0Filtration Device (Check only one): Centralized BMP: 17]Bed Filter 0 Detention Basin 0 Dry Basin 0 Infiltration Basin ®Wet Basin 0 Media Filter 0Treatment Vault 3. Location of BMP Location:0Onsite D Offsite Contributing Impervious Area(ft2): 6,800 SF (Complete ALL fields) Narrative Location Description: Midway down the driveway to the south. Drainage Management Drainage Area Area(DMA) Number: 1 Treated(acres): 0.18 Acres Latitude: 35.1349 Longitude: -120.5737 Design Storm Flow(cfs): 0(100) 10min =0.34cfs 4. Drainage Design Criteria: (As applicable): Design Storm Capacity(ft3): 95th percentile= 315CF 5. Design Details Width(ft): 12ft Slope(ft/ft): 3:1 Full Constructed Dimensions Depth(ft): 0.85 BMP Capacity/Volume(ft3): 260cf (As applicable): Length(ft): 35ft Surface Area(ft2): 200sf Is this BMP OYES ONO BMP Vegetated? OYES ONO subsurface? g Design Vegetation Does this BMP involve a OYES ONO Height(ft): 6-12" manufactured product? 6. Manufactured Product Product Name: n/a Specifications: Manufacturer/Model Number: n/a (include manuals and specifications) Number Installed Onsite: n/a Product Life: n/a 7. Maintenance and Inspection Frequency: ElPre-Rain EMonthly 0 Semi-Annually Annually Inspection Frequency: Maintenance Monthly Semi-Annually Annually Biennially Frequency: City of Arroyo Grande Page of UPDATED 11/30/2018 • Exhibit B: Structural Best Management Practice (BMP) Description BM P#: 19-000020-02 1. Performance Requirement ❑X Water Quality Treatment Q Runoff Retention OX Peak Management Addressed (Performance Requirement (Performance Requirement (Performance Requirement (Check all that apply): #2) #3) #4) Decentralized BMP: El Biofiltration Feature D Bioretention Feature El Bioswale 0 Catch Basin Insert En Infiltration Feature 2.Type of BMP Installed: 0 Settling Basin 0 Porous Pavement 0 Filtration Device (Check only one): Centralized BMP: 0 Bed Filter 0 Detention Basin El Dry Basin 0 Infiltration Basin 0 Wet Basin 0 Media Filter DTreatment Vault 3. Location of BMP Location:OOnsite D Offsite Contributing Impervious Area(ft2): 7,800 SF (Complete ALL fields) Narrative Location Description: Midway down the driveway to the south.Adjacent to BMP#01 Drainage Management Drainage Area Area(DMA)Number: 1 Treated(acres): 0.18 Acres Latitude: 35.1349 Longitude: -120.5737 Design Storm Flow(cfs): Q(100) 10min =0.38cfs 4. Drainage Design Criteria: (As applicable): Design Storm Capacity(ft3): 95th percentile =315CF 5. Design Details Width(ft): 12ft Slope(ft/ft): 3:1 Full Constructed Dimensions Depth (ft): 0.85 BMP Capacity/Volume(ft3): 260cf (As applicable): Length(ft): 35ft Surface Area(ft2): 200sf Is this BMP DYES ONO BMP Vegetated? OYES ONO subsurface? g Design Vegetation Does this BMP involve a DYES ONO Height(ft): 6-12" manufactured product? 6. Manufactured Product Product Name: n/a Specifications: Manufacturer/Model Number: n/a (Include manuals and specifications) Number Installed Onsite: n/a Product Life: n/a 7. Maintenance and Inspection Frequency: OPre-Rain EMonthly Q Semi-Annually El Annually Inspection Frequency: Maintenance Monthly Semi-Annually Annually Biennially Frequency: City of Arroyo Grande Page of UPDATED 11/30/2018 Exhibit B: Structural Best Management Practice (BMP) Description B M P#:19-000020-03 1. Performance Requirement ❑X Water Quality Treatment QX Runoff Retention QX Peak Management Addressed (Performance Requirement (Performance Requirement (Performance Requirement (Check all that apply): #2) #3) #4) Decentralized BMP: i Biofiltration Feature Bioretention Feature Bioswale 0 Catch Basin Insert El Infiltration Feature 2.Type of BMP Installed: 0 Settling Basin O Porous Pavement O Filtration Device (Check only one): Centralized BMP: 0 Bed Filter 0 Detention Basin 0 Dry Basin 0 Infiltration Basin OWet Basin 0 Media Filter OTreatment Vault 3. Location of BMP Location:ElOnsite OOffsite Contributing Impervious Area(ft2): 4,800 SF (Complete ALL fields) Narrative Location Description: Northeast corner of the lot. Drainage Management Drainage Area Area(DMA)Number: 2 Treated(acres): 0.11 Acres Latitude: 35.1349 Longitude: -120.5737 Design Storm Flow(cfs): 0(100) 10min =0.26cfs 4. Drainage Design Criteria: (As applicable): Design Storm Capacity(ft3): 95th percentile=420CF 5. Design Details Width(ft): 16-22ft Slope(ft/ft): 3:1 Full Constructed Dimensions Depth (ft): 0.50 BMP Capacity/Volume(ft): 220cf (As applicable): Length (ft): 29 ft Surface Area(ft): 375sf Is this BMP OYES NO BMP Vegetated? EYES ONO subsurface? g Design Vegetation Does this BMP involve a OYES ONO Height(ft): 6-12" manufactured product? 6. Manufactured Product Product Name: n/a Specifications: Manufacturer/Model Number: n/a (Include manuals and specifications) Number Installed Onsite: n/a Product Life: n/a 7. Maintenance and Inspection Frequency: OPre-Rain DMonthly El Semi-Annually ❑Annually Inspection Frequency: Maintenance Monthly Semi-Annually Annually Biennially Frequency: City of Arroyo Grande Page of UPDATED 11/30/2018 Exhibit B: Structural Best Management Practice (BMP) Description B M P#: 19-000020-04 1. Performance Requirement Water Quality Treatment QX Runoff Retention []X Peak Management Addressed (Performance Requirement (Performance Requirement (Performance Requirement (Check all that apply): #2) #3) #4) Decentralized BMP: D Biofiltration Feature Bioretention Feature Bioswale DCatch Basin Insert EInfiltration Feature 2.Type of BMP Settling Basin El Porous Pavement E]Filtration Device Installed: (Check only one): Centralized BMP: ll Bed Filter ll Detention Basin 0 Dry Basin fl Infiltration Basin D Wet Basin El Media Filter InTreatment Vault 3. Location of BMP Location:ElOnsite D Offsite Contributing Impervious Area(ft2): 3,820 SF (Complete ALL fields) Narrative Location Description: Middle of the horseshoe driveway Drainage Management Drainage Area Area(DMA) Number: 3 Treated(acres): 0.09Acres Latitude: 35.1349 Longitude: -120.5737 Design Storm Flow(cfs): Q(100) 10min =0.18cfs 4. Drainage Design Criteria: (As applicable): Design Storm Capacity(ft): 95th percentile= 288CF 5. Design Details Width(ft): 15ft Slope(ft/ft): 3:1 Full Constructed Dimensions Depth(ft): BMP Ca acit Nolume ft3 0.50 P Y ( ) 240cf (As applicable): Length(ft): 48ft Surface Area(ft): 400sf Is this BMP EYES ENO BMP Vegetated? 1YES ENO subsurface? Design Vegetation Does this BMP involve a DYES ENO Height(ft): 6-12manufactured product? 6. Manufactured Product Product Name: n/a Specifications: Manufacturer/Model Number: n/a (Include manuals and specifications) Number Installed Onsite: n/a Product Life: n/a 7. Maintenance and Inspection Frequency: ElPre-Rain Monthly Q Semi-Annually ❑Annually Inspection Frequency: Maintenance Lir7Monthly Semi-Annually Annually Biennially Frequency: City of Arroyo Grande Page of UPDATED 11/30/2018 Exhibit B: Structural Best Management Practice (BMP) Description B M P#:19-000020-05 1. Performance Requirement Water Quality Treatment ❑X Runoff Retention EI Peak Management Addressed (Performance Requirement (Performance Requirement (Performance Requirement (Check all that apply): #2) #3) #4) Decentralized BMP: 0 Biofiltration Feature Bioretention Feature 0 Bioswale ll Catch Basin Insert El Infiltration Feature 2.Type of BMP 0 Settling Basin Porous Pavement 0 Filtration Device Installed: - (Check only one): Centralized BMP: 0 Bed Filter 0 Detention Basin 0 Dry Basin 0 Infiltration Basin O Wet Basin 0 Media Filter OTreatment Vault 3. Location of BMP Location:0Onsite D Offsite Contributing Impervious Area(ft2): 19,000 SF (Complete ALL fields) Narrative Location Description: North West corner Drainage Management Drainage Area Area(DMA) Number: 4 Treated(acres): 0.44Acres Latitude: 35.1349 Longitude: -120.5737 Design Storm Flow(cfs): 0(100) 10min=0.91cfs 4. Drainage Design Criteria: (As applicable): Design Storm Capacity(ft3): 95th percentile= 1494CF 5. Design Details Width(ft): 32ft Slope(ft/ft): 3:1 Full Constructed Dimensions Depth (ft): 0.50 BMP CapacityNolume(ft3): 1020cf (As applicable): Length(ft): 54ft Surface Area(ft2): 1035sf Is this BMP DYES ONO BMP Vegetated? OYES ONO subsurface? Design Vegetation Does this BMP involve a DYES ONO Height(ft): 6-12manufactured product? 6. Manufactured Product Product Name: n/a Specifications: Manufacturer/Model Number: n/a (Include manuals and specifications) Number Installed Onsite: n/a Product Life: n/a 7. Maintenance and Inspection Frequency: OPre-Rain ElMonthly Q Semi-Annually 0 Annually Inspection Frequency: Maintenance Monthly Semi-Annually Annually Biennially Frequency: City of Arroyo Grande Page of UPDATED 11/30/2018 Exhibit B: Structural Best Management Practice (BMP) Description BM P#:19-000020-06 1. Performance Requirement Water Quality Treatment ❑X Runoff Retention Peak Management Addressed (Performance Requirement (Performance Requirement (Performance Requirement (Check all that apply): #2) #3) #4) Decentralized BMP: 0 Biofiltration Feature Bioretention Feature 0 Bioswale 0 Catch Basin Insert 17 Infiltration Feature 2.Type of BMP Installed: 0 Settling Basin lj Porous Pavement 0 Filtration Device (Check only one): Centralized BMP: 0 Bed Filter O Detention Basin 0 Dry Basin 0 Infiltration Basin 0 Wet Basin 0 Media Filter OTreatment Vault 3. Location of BMP Location:0Onsite OOffsite Contributing Impervious Area(ft2): 30,300SF (Complete ALL fields) Narrative Location Description: South property line Drainage Management Drainage Area Area(DMA) Number: 5 Treated(acres): 0.70Acres Latitude: 35.1349 Longitude: -120.5737 Design Storm Flow(cfs): Q(100) 10min = 1.0cfs 4. Drainage Design Criteria: (As applicable): Design Storm Capacity(ft3): 95th percentile= 1494CF 5. Design Details Width(ft): 8-23ft Slope(ft/ft): 3:1 Full Constructed Dimensions Depth (ft): 0.50 BMP Capacity/Volume(ft3): 740cf (As applicable): Length(ft): 150ft Surface Area(ft2): 1230sf Is this BMP OYES ONO BMP Vegetated? IYES ONO subsurface? g Design Vegetation Does this BMP involve a OYES EINO Height(ft): 6-12manufactured product? 6. Manufactured Product Product Name: n/a Specifications: Manufacturer/Model Number: n/a (Include manuals and specifications) Number Installed Onsite: n/a Product Life: n/a 7. Maintenance and Inspection Frequency: OPre-Rain EMonthly ❑X Semi-Annually ❑Annually Inspection Frequency: Maintenance Monthly Semi-Annually Annually Biennially Frequency: END OF DOCUMENT City of Arroyo Grande Page of UPDATED 11/30/2018