HomeMy WebLinkAboutUkiah Pacific Associates 2020-09-09 51
Recorded�ordedat the request of
5YNRGO
09121/2020 11 38 AM
Fee' $118.00 Pgs: 1 of 11
OFFICIAL RECORDS
RECORDING REQUESTED BY Katrina Gartalomie - Clerk-Recorder
AND WHEN RECORDED MAIL TO: Mendoc.tna County CAII
City of Ukiah
Department of Public Works—City Engineer
300 Seminary Avenue
Ukiah, CA 95482
Project/Property: 763 S. Oak Street, Ukiah CA 95482
APN(s): 002-301-55
DECLARATION OF COVENANTS REGARDING
MAINTENANCE OF STORM WATER BMP FACILITIES
This Declaration of Covenants ("Declaration") regarding Maintenance of Postonstruction Storm
Water Best Mana eme Pr ctice Faciliti (B M P s) is made on this day of
20 20 , by.G(k",g x � ("Landowner").
*P)I �� G RECITALS
WHEREAS, Landowner is the fee simple owner of certain real property located in the City of
Ukiah("City"), Mendocino County, California, at 763 S. Oak Street and more fully described in
Exhibit A to this Declaration ("Property").
WHEREAS, the National Pollutant Discharge Elimination System ("NPDES") Municipal
Separate Storm Sewer System ("MS4") Permit, Order number R1-2015-0030, issued by the North
Coast Regional Water Quality Control Board (NCRWQCB), 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.
WHEREAS, provisions of 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.
WHEREAS, the City has approved a project on the Property consisting of creating or replacing
impervious surfaces.
WHEREAS, the Project includes a final Standard Urban Stormwater Mitigation Plan (SUSMP) or
Storm Water Low Impact Development Submittal (SWLID)for the Property that has been
submitted, reviewed, and approved, and that includes provisions for the construction of BMPs
identified in Exhibit B, attached hereto and incorporated as though fully set forth herein. The
Plan and SUSMP/ SWLID may be inspected at the City of Ukiah, Department of Public Works,
300 Seminary Avenue, Ukiah, CA upon appointment.
Project/Property: 763 S. Oak Street, Ukiah,California
APN(s): 002-301-55
WHEREAS, the NPDES Permit further specifically requires The property owner's signed
declaration accepting responsibility for maintenance of BMPs until the responsibility is legally
transferred;
WHEREAS, the NPDES Permit further specifically requires written conditions in any sales, in
enough detail to be easily understood by the future owner, that require the property owner to
assume responsibility for BMP maintenance and conduct a maintenance inspection at least
once a year; and by retaining copies and presenting copies.
WHEREAS, maintenance and monitoring responsibility of the post-construction storm water
management BMPs to the project owner, includes preparing and retaining Inspection and
Maintenance Checklists, identified in Exhibit C, that indicate when and how BMPs will be
inspected, when maintenance will be required, and how maintenance has or will be conducted
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.
2. Landowner shall assure that all BMPs remain fully functional and that all areas
identified in the Plan and SUSMP for treatment and/or volume capture discharge to the
specified BMP as designed.
3. Landowner accepts sole responsibility for all inspection, maintenance, remediation,
and replacement of the BMPs.
4. Landowner hereby grants permission to the City and its authorized agents and
employees to enter the Property and inspect the storm water management/BMP
facilities whenever the City deems necessary. The purpose of the inspection is to
assure safe and proper functioning of the facilities, including any berms, inlet and
outlet structures, vegetation, infiltration media, pond areas, underground retention
areas, and access roads. If deficiencies are noted, City shall notify Landowner and
provide the inspection findings.
5. Landowner shall keep all records related to annual inspections of BMP's 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.
6. In the event Landowner fails to maintain the BMP Facilities in good working condition as
solely determined by the City, 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 of Covenants Regarding Maintenance of Stone Water BMP Facilities Page 2 of 4
Project/Property: 763 S. Oak Street, Ukiah, California
APN(s): 002-301-55
Declaration be construed to impose such an obligation on the City.
7. In the event that the City performs work of any nature, or expends any funds in the
performance of such work for labor, use of equipment, supplies, materials, or the like,
due to failure of the Landowner to perform its maintenance obligations under this
Declaration, as solely determined by City, Landowner shall reimburse the City within 60
days of receipt of notice for all costs incurred by the City to undertake such work. 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.
8. Any violation of the Plan or SUSMP by Landowner shall be deemed a public nuisance
under the Ukiah City Code and City shall be entitled to the remedies available to it. The
remedies identified herein shall be in addition to and cumulative of all other remedies,
criminal or civil, which may be pursued by the City.
9. 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 that resulting from the sole, active 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.
10. 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.
11. 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 Sonoma County, California.
12. 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.
13. 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.
Declaration of Covenants Regarding Maintenance of Storm Water BMP Facilities Page 3 of 4
Project/Property: 763 S. Oak Street, Ukiah, California
APN(s): 002-301-55
14. 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.
15. Any notice, submittal or communication required or permitted to be served on Landowner
or City may be served by personal delivery to the person or the office of the person
identified below. Service may also be made by mail, by placing first-class postage, and
addressed as indicated below, and depositing in the United States mail to:
City Representative: Landowner or Landowner Representative:
City of Ukiah Name: l o n S�-4
City Engineer Address: _ �� S �,- { S-,...Wr !�
Department of Public Works c�ale, �6lG
300 Seminary Avenue
Ukiah, CA 95482
Executed as of the day and year first above stated.
LANDOWNER:
Name: lrkkt4 ��c:i- c �srdc,4s
Signatures of A horized Persons:
By:
Print Name: Cgle AeA
Title:(wre,,p �� 7e,-
By:
Print Name:
Title:
ATTACHMENTS:
Exhibit A— Property Description
Exhibit B— Location Map and Description of BMPs
Exhibit C— Inspection & Maintenance Checklist
Notary Acknowledgment
Declaration of Covenants Regarding Maintenance of Storm Water BMP Facilities Page 4 of 4
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 Idaho
County of Ada
On �—IIUZZ before me,Katie Callen, Notary Public, personally appeared Caleb R000e, who
proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his 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 Idaho that the foregoing
paragraph is true and correct.
WITNESS my had n ffi ia;eal.
Signature (Seal)
mi io xpires: 7/8/2021
KATIE CALLEN
COMMISSION t166699
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 07/0B12Ey21
&XH I B I
RCCORDING REQUESTED BY: �839
First American Title Company Recorded at the request of .
SPL EXPRESS
05/28/2020 12:07 PM
WHEN RECORDED MAIL DOCUMENT TO: Fee: $39.00 Pgs. 1 of 2
Ukiah Pacific Associates OFFICIAL RECORDS
430 East State St. Suite 100 Katrina Bartolomie - Clerk-Recorder Zda
r Mendocino County, CA
Eagle, ID 83616 M"M
II IIFILE[
Ex
Space Above This Line for Recorder's use only
A.P.N.: 002-301-55-00 File No.: 54075728699 (AK)
Property Address: 763 South Oak Street, Ukiah, CA 95482
GRANT DEED
Title of Document
The undersigned declares that the document to which this page is affixed and made a part of is exempt from the
fee imposed by the Affordable Housing &Job Act(SB2) (GC 27388.1)
( ) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of
Documentary Transfer Tax per GC 27388.1 (a) (2).
( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner-
occupier per GC 27388.1 (a) (2).
{ ) Maximum fee of$225 has been reached per GC 27388.1 (a) (1).
( } Not related to real property GC 27388.1 (a) (1).
(X )Transfer of real property subject to the imposition of Documentary Transfer Tax - GC 27388.1 (a)(2)
( )Transfer of real property that is a residential dwelling to an owner-occupier - GC 27388.1 (a)(2)
Signature t�n Date
THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE
(SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies)
EXHIBIT
RECORDING REQUESTED BY:
First American Title Company
MAIL TAX STATEMENT
AND WHEN RECORDED MAIL DOCUMENT TO:
Ukiah Pacific Associates
430 East State St., Suite 100
Eagle , ID 83616
Space Above This Line for Recorder's Use Only
A.P.N.: 002-301-55-00 File No.: 54075728699 (AK)
GRANT DEED
The Undersigned Grantor(s)Declare(s); DOCUMENTARY TRANSFER TAX$363.00; CrrY TRANSFER TAX$;
SURVEY MONUMENT FEE$
x computed on the consideration or full value of property conveyed,OR
computed on the consideration or full value less value of 1-ens andror encumbrances re.TSalmng at time of sale,
unincorporated area; (x) City of Ukiah,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, AMG &Associates, LLC, a
California limited liability company
hereby GRANTS to Ukiah Pacific Associates, a California Limited Partnership, a California limited
partnership
the following described property in the City of Ukiah, County of Mendocino, State of California:
PARCEL A:
PARCEL 2,AS SHOWN ON THAT CERTAIN PARCEL MAP OF MINOR SUBDIVISION NO. 06-18
RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF MENDOCINO, STATE OF
CALIFORNIA ON DECEMBER 15, 2008 IN DRAWER 77 OF MAPS, PAGES 11 AND 12.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR EMERGENCY ACCESS AND INCIDENTAL PURPOSES AS
SET FORTH IN THAT CERTAIN "DECLARATION OF EMERGENCY ACCESS EASEMENT"
RECORDED MARCH 9, 2018 AS INSTRUMENT NO. 2018-02537 OF OFFICIAL RECORDS.
Mail Tax Statements To: SAME AS ABOVE
-------------------------------------------------------------------------------------.--------------------------------------
Grant Deed - continued
Date: 05/12/2020
A.P.N.: 002-301-55-00 File No.: 54075728699 (AK)
Dated: May 12, 2020
AMG&Associates, LLC, a California limited
liability company
By:
Name: Alexis Gevorgian
Title: Manager
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 n )SS
COUNTY OF 1—" I \
On WA 14 1- 92 O . before me, yC,,LC)b S>oc Notary
Public, personally a peered
who proved to me on the basis of satisfactory evident be the persono whose name"are
subscribed to the within instrument acknowledged tome the h oie/vfey executed the same i his i)eF/tIAr
authorized capacity*), and that by,h' I6r/tb�ir signatureW on a 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.
WITNESS my hand and official seal. Thls area for offfclal notarlal seal
JACGQ BOROU61
Xn"ti COMM.2293852 x
Ho�r�a,►Puauc MWORWA
ry Signature j � °8. 023
Page 2
r nlra.�oaVwu�aw-n uow mra.eua�owslr.=-n sna=wc yx/roro srs w
i f
Its - !d
� 0
€ � i' � x� Q I �:
1 I i 3
It
=ya
j j !I c`f Q
a a %
YR
i w
I � a
I
I
' � b
00 �.
a 1Y
r
r
VV °J
E � y
S I
ro B
o w $
� i t>fONi BB�IOR MARI]�ENfS fir' � A .E pVIL 9�1N�#�a
! Ao....n r+....o
.� 6 = } PROP09EC COIVbrt1oM6 .... �� 7 � y C .k�vqa caw.a.,.
"a.� a ise. Afk°1."1,tronawa�r
w
Ib 8 wJO j
in m y in auawailnbaa rill Tay)sajnlea3
�a
0 to LL ao suolllpuo)lepadg leuolllppb aa5
CL o
cn o UN19 30 lenowaj jo
m Z o suolle3l;ipow jadoidwl;o a3uapin3
E C) — IL
E
`a € ` E o ('31a'sgjna'sllemIsadld'salelg) N
ILL a N Zsainlea; c,
o c v m
L lejnl:)njls asewep jo sulssiV4 d
w O m
p 0
e" C9 zssed Aq moll ysly JO ME ayl
D �� ~ us uollelnw33e yseal/spgap ajayl sl
O
U
cn juollelasaA
vc haijoa;o a3uasge ue aJaya sl
Lb 9 0
a N t1 C do y !M1 4Spaam aAISSa]Xa
o ,0 a M la slueld Aap ao peap aaayl aay
N W IS = d
N II 11 N easnjano aphlgaaH
cn y p y o 0 9 Jo/pue sulmol4 8AlssaDX3 30 aDuaplA3
r > 2 r
HJ y
N = Zyled mold
�C > ao lalul ayl sulssop uollelasaA aya sl
w� W
^W^
) W IAllAlhe lewlue;o a�uaplAa aJayl sl W
L_
1 v 'O r�
m c Z a. uz MV49 ay1
Er } Ip �" us luasaid saloy JO sploA ajayl ajy c
Q2 c co
E (j E d iwalsAs aseulejp 01 y:)lnw ra
rn
U. d w ;o liodsueg lellualod jo paAjasgo
LL d �o m .c�• c
L y '0 d
O y
G LL M Z ease jalueld ayl us(pnw'vlp'pues)
•� N LU W luawlpas to uollelnwnne ajayl sl
1 o y o
c m
n Zeajejalueld
b LUaya;o giBual ayl Euole sulwaol
E (Allns)uollezllauue43 ajayl sl
E L o _
cr
N �eaje jalueld ayl sullinge
LU sgan3 ao/pue sAlemapls ayl suole o
c slnoysem jo sullan:s japun aaayl sl Q
M m
c >
O N C Zwaols Allsualul mol e N
qUi d E suunp uollaas alaj3uo3 snowad ayl
Ca o Q ` d us sulmog panaasgo uaaq Salem seH ()
0 M W
c WNl9 punoie
NR t m jo ul uolleulwn�e luawlpas ajayl sl N
c C >
� m m Zpauslsap
C O se uollaunl ssedAq moll ysly ayl Sao(]
O o
U '
7 o 0044eam AJp;o
L) n sinoy ZL aaa;e ease dVY9 aya ul aalem
CL S ;o sulpuod jo sulpuels;o a3uaplA3
w
c m
0�- au
�
EM gm m ViC cn d 0 U
0
a�
m
d
N
J
v
41
t
U �
d r
V O
e Z
w
d '
c w
La O
U 2 Z
E o
`O '
U- `° d
IL N
ld �
3
* O fn
R V U
Q
E e a`
O
U)
a�
c
(D 'a
� U
U Z
H
m N co Iq LO co ti co
r a IL a a a a (L a a
x EL
LLIi a Er
o m inm m m m m m m m coo