HomeMy WebLinkAboutChipotle Restaurant 2016-08-23RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Ukiah
Department of Public Works
300 Seminary Avenue
Ukiah, CA 95482
2016-11278
Recorded at the request of:
UKIAH CY
08/23/2016 02:36 PM
Fee: $31.00 Pgs: 1 of 7
OFFICIAL RECORDS
Susan M. Ranochak - Clerk -Recorder
Mendocino County, CA
1111mm"MR118k,011 III
Project/Property: Chipotle Restaurant, 596 East Perkins Street, Ukiah, CA
APN: 002-200-38
DECLARATION OF COVENANTS REGARDING MAINTENANCE
OF STORM WATER BMP FACILITIES
This Declaration of Covenants Regarding Maintenance of Storm Water BMP Facilities
("Declaration") is made on this Z 3 day of A \; I, S + , 2016, by
("Landowner")
RECITALS
A. Landowner is the fee simple owner of the certain real property located in the City of Ukiah
("City"), Mendocino County, California: Chipotle Restaurant, 596 East Perkins Street,
Ukiah, CA, APN: 002-200-38; and more fully described in Exhibit A to this Declaration
("Property").
B. The City's National Pollutant Discharge Elimination System ("NPDES") Municipal
Separate Storm Sewer System ("MS4") Permit, Order number R1-2009-0050, issued by
the North Coast Regional Water Quality Control Board, requires the City to implement and
enforce specific requirements for the construction and maintenance of onsite storm water
management facilities/best management practices (collectively, "BMP") for development,
redevelopment, and other applicable projects with the goal of mitigating impacts to storm
water quality and runoff volume discharges into the MS4.
C. Provisions of the Low Impact Development (LID) Technical Design Manual adopted by
Ukiah City Council, and Division 4 Chapter 8, Division 9 Chapter 7 and other applicable
sections of the Ukiah City Code shall apply to the construction, inspection and
maintenance of BMP facilities and the enforcement of MS4 Permit requirements.
D. On December 14, 2015, the Building Official approved Landowner's Building Permit Plans
("Plan"), Application Number 1353, and a Final Standard Urban Stormwater Mitigation
Plan ("SUSMP") for the Property which require the construction and maintenance of BMP
facilities on the Property (the "BMP Facilities") by Landowner. The BMP Facilities required
under the SUSMP may include both built and landscaping features. The Plan and SUSMP
Declaration of Covenants Regarding Maintenance of Storm Water BMP Facilities Page 1 of 5
may be inspected at the City of Ukiah, Department of Public Works, 300 Seminary Avenue,
Ukiah, CA upon appointment.
E. The SUSMP requires that Landowner make and execute this Declaration.
DECLARATION OF COVENANTS
NOW, THEREFORE, in consideration of the foregoing recitals, Landowner hereby
covenants, agrees and declares as follows:
1. Landowner shall, at Landowner's sole cost and expense, construct, inspect, and
maintain the BMP Facilities in accordance with the Plan and the SUSMP. Landowner
shall assure that all BMP Facilities remain fully functional and that all areas identified
in the Plan and SUSMP for treatment and/or volume capture discharge to the specified
BMP Facility as designed.
2. Landowner shall keep all records related to annual inspections of BMP Facilities by
City and all records related to BMP maintenance for a period of at least five years. The
records shall include records of any BMP Facilities corrections, repairs, and
replacements. Landowner shall make these records available to the City upon request.
3. In the event Landowner fails to maintain the BMP Facilities in good working condition
or otherwise violates the Plan or SUSMP, as determined by the City Manager, such
failure or violation shall be deemed a public nuisance under Division 9 Chapter 2 of
the Ukiah City Code and City shall be entitled to the remedies available to it under said
Chapter in addition to those available to it under Division 3 Chapter 12, Division 4
Chapter 8 and Division 9 Chapter 7; provided, however, except as otherwise provided
in this Declaration, including, without limitation, in Sections 5 and 12 hereof,
enforcement shall be governed by the procedures of City Code Sections 3453, 3455-
3460, and 3462-3467. By way of example and without limiting the generality of the
foregoing, the City's right to abate the nuisance summarily shall be governed by City
Code Section 3453, and notice to Landowner shall include all of the elements specified
in City Code Section 3455, but with a fifteen (15) day period to file a notice of appeal
with the City Manager in accordance with Section 5 below.
4. In the event of summary abatement or failure of Landowner to file a timely notice of
appeal or to comply timely with any requirements determined through the appeals
procedure, the City may enter upon the Property and take whatever steps it deems
reasonably necessary to maintain and/or make in good working condition, such BMP
Facilities. It is expressly understood that the City is under no obligation to maintain or
repair the BMP Facilities, and in no event shall this Declaration be construed to impose
such an obligation on the City. If the City performs work of any nature, or expends any
funds in the performance of such work for labor, use of equipment, supplies, materials,
Declaration of Covenants Regarding Maintenance of Storm Water BMP Facilities Page 2 of 5
or the like, due to failure of the Landowner to perform its maintenance obligations
under this Declaration, Landowner shall reimburse the City within 60 days of receipt
of a report of abatement costs in accordance with City Code Section 3459, subject to
Landowner's right to protest the costs in accordance with City Code Section 3462.
Costs shall include, but are not limited to, the actual cost of construction, maintenance
and/or repair, and administrative costs directly related to such work and reasonably
incurred.
5. Landowner may appeal the City Manager's notice of failure or violation by filing a
notice of appeal with the City Manager in accordance with the procedures specified in
City Code Section 3456, modified as follows:
• The notice of appeal must be filed within 15 rather than 10 days;
• The appeal shall state the name and address of Landowner, the nature of the
determination being appealed, the reason Landowner believes the
determination is incorrect, and what the correct determination of the appeal
should be. The failure of the Landowner to file a timely appeal containing all
of this information shall be deemed to waive any right of appeal.
• The hearing officer shall hear and determine the appeal on the basis of
Landowner's written statement and any additional evidence deemed
appropriate. Landowner may present testimony and oral argument at the
hearing either personally or by counsel. The hearing officer shall issue a
written decision within ten (10) days of the date of the hearing.
6. Landowner shall indemnify, defend and hold harmless the City and its employees,
officials, and agents, from and against any liability, (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, interest,
defense costs, and expert witness fees), where the same relates to, or arises out of,
the construction, presence, existence, inspection, or maintenance of BMP Facilities on
the Property or the performance of the covenants underlying this Declaration by
Landowner, its officers, employees, agents, contractors or sub- contractors, excepting
only to the extent resulting from the negligence or intentional misconduct of the City,
its employees, officials, or agents. This indemnification obligation is not limited in any
way by any limitation on the amount or type of damages or compensation payable to
or for the Landowner or its agents under workers' compensation acts, disability
benefits acts or other employees' benefits acts. If any judgment or claim against the
City, its officials, agents, or employees, shall be entered, Landowner shall pay all cost
and expenses in connection therewith.
Declaration of Covenants Regarding Maintenance of Storm Water BMP Facilities Page 3 of 5
7. If any provisions of this Declaration shall be held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired thereby.
8. This Declaration shall be governed according to the laws of the State of California.
The parties hereto agree that the forum for the adjudication of any dispute related to
this Declaration shall be brought exclusively and solely in Mendocino County,
California.
9. Landowner shall not assign this Declaration to a third party without the express prior
written consent of the City, provided that such consent will not be unreasonably
withheld and that such consent shall not be required for Landowner to sell or lease the
property to a third party.
10. Landowner binds itself, its partners, successors, legal representatives and assigns to
the City, and to the partners, successors, legal representatives and assigns of the City
with respect to all promises and agreements contained herein.
11. This Declaration shall be recorded by Landowner, and shall: a) constitute a "covenant
running with the land;" b) be binding upon Landowner and Landowner's successors,
heirs, and assigns in perpetuity; and, 3) benefit the City of Ukiah, its successors, and
assigns. Any breach of this Declaration shall render Landowner or Landowner's heirs,
successors or assigns liable pursuant to the provisions of the Ukiah City Code.
12. Any notice, submittal or communication required or permitted to be served on
Landowner or City shall in writing and delivered to the respective address provided
below by being either (i) personally delivered (including delivery by courier service),
with written acknowledgment of receipt, in which case they shall be deemed delivered
on the date of delivery to said addresses, or (ii) sent by certified or registered mail,
return receipt requested, first-class postage prepaid, in which case they shall be
deemed delivered on the date shown on the receipt, unless delivery is refused or
delayed by the addressee, in which event they shall be deemed delivered on the date
of deposit in the mail. Either party may change its address for notices by a notice
given in accordance with the foregoing.
Declaration of Covenants Regarding Maintenance of Storm Water BMP Facilities Page 4 of 5
City Representative:
Director of Public Works/City Engineer
City of Ukiah
Department of Public Works
300 Seminary Avenue
Ukiah, CA 9548
Executed as of the day and year first above stated.
LANDOWNER:
Name: "' T( _ e4�;
Signatures of Authorize Persons:
By:
Print Name:
Title: 8446k
M
Print Name:
Title:
ATTACHMENTS:
Exhibit A- Property Description
Notary Acknowledgment
USW 804661158.2
Landowner or Landowner Representative:
Name: 1o5k'V 0(e,/)
Address:
<,v , cA �z1Ol
Declaration of Covenants Regarding Maintenance of Storm Water BMP Facilities Page 5 of 5
Title No. 06 -230101373 -CT
Locate No. CAFNT0923-0923-0001-0230101373
LEGAL DESCRIPTION
EXHIBIT "A"
The land herein referred to is situated in the State of California, County of Mendocino, City of Ukiah, and is described
as follows:
Beginning at a point on the East line of Lot 13, as designated on the Map entitled "Perkins Addition", filed for record in
the Office of the Recorder of Mendocino County on October 13, 1868 in Book 3 of Maps at Page 376, at the Northeast
corner of the land described in Deed from Alex R. Thomas, Jr. and Agnes C. Thomas to the City of Ukiah, a municipal
corporation, recorded April 29, 1965 in Book 688 of Official Records at Page 98, Mendocino County Records; thence
South 780 18' 30" West, along the North line of said land (688 O.R. 98) 133.80 feet to the West line of said Lot 13;
thence continuing South 78° 18' 30" West 25 feet; thence leaving said North line North 2° 13'46" West 152.06 feet to a
point on the West line of said Lot 13; thence leaving the West line of said Lot 13, North 78° 18' 30" East parallel to the
North line of said land (688 O.R. 98) 160.79 feet to the East line of said Lot 13; thence South 10 21' 30" East along the
East line of said Lot 13, 152.41 feet to the point of beginning.
Excepting therefrom, all that portion thereof conveyed to the City of Ukiah, a municipal corporation by Grant Deed
recorded October 18, 1972 in Book 903 of Official Records at Page 430, Mendocino County Records.
APN: 002-200-38
ACKNOWLEDGMENT
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 an Diego )
On August 11, 2016
before me, Matthew Gregory Joslyn, Notary Public
(insert name and title of the officer)
personally appeared Joshua Volen
who proved to me on the basis of satisfactory evidence to be the pqEsonwhose namqd i
MDb 'bed to the within instrument and acknowled ed to me tha he executed the same in
cir authorized capacityues�j, and that by ismer signatureX
�l�er, on the instrument the
personX, 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.
MATTHEW GREGORY JOSLYN
WITNESS my hand and official seal. �':,. ' �`;; Commission No. 20"2%
:rte NOTARY PUBLIC -CALIFORNIA
_ SAN DIEGO COUNTY
My Comm. Expres OCTOBER 21, 2017
Signature
(Seal) -tiI �Mr155iGr) e K � ; f eS. I0/ZI/1%
