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2000-6380 GStreet Address 916 M Category Serial # -f/M Z/!~D 0 , 0 80 Name Description Plan ck. # Year recdescv EAVEERING SER VICES DEPA&ENT Capital Improvement Projects District Support Services city of Field Operations Encinitas Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering May 24, 2001 Attn: Camille Herandez Bank of America 1340 Encinitas Blvd. Encinitas, CA 92024 RE: Mr. Jeremy A. McGrath 420 Bridoon Terrace, Olivenhain, CA 92024 Grading 6380-GI Lot 27 of Tract 4400-1 Final release of security Permit 6380-G authorized earthwork, private drainage improvements, and erosion control, all as necessary to build described project. Final, acceptance, and warranty inspections have all been completed to the satisfaction of the Field Operations Division. Therefore, release of the remainder of the security deposit is merited. Certificate of Deposit Account 11829-02344, in the amount of $ 35,387.00, has been cancelled by the Financial Services Manager and is hereby released for payment to the depositor. The document original is enclosed. Should you have any questions or concerns, please contact Gary Lee at (760) 633-2808 or in writing, attention the Engineering Department. Sincerely, A kI Masih Maher Senior Civil Engineer Subdivision Engineering /*lie Suelter Financial Services Manager Financial Services Cc; Leslie Suelter, Financial Services W' T[L -(0-Ci3-?6fi0 / FAX ?6U-G31-'6Z? 5~5 S. Vulcan .A~rnur. I n.ini~as. ( .ilih~nua ~'U`1 -363' Tf)f) 6U-(,i;_2 (ln :W recycled paper t • ENGINEERING SERVICES DEPARTMENT Capital Improvement Projects District Support Services CZZ~ Of Field Operations Encinitas Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering May 24, 2001 Attn: Camille Herandez Bank of America 1340 Encinitas Blvd. Encinitas, CA 92024 MAY 1 1 2001 RE: Mr. Jeremy A. McGrath 420 Bridoon Terrace, Olivenhain, CA 92024 Grading 6380-GI Lot 27 of Tract 4400-1 Final release of security Permit 6380-G authorized earthwork, private drainage improvements, and erosion control, all as necessary to build described project. Final, acceptance, and warranty inspections have all been completed to the satisfaction of the Field Operations Division. Therefore, release of the remainder of the security deposit is merited. Certificate of Deposit Account 11829-02344, in the amount of $ 35,387.00, has been cancelled by the Financial Services Manager and is hereby released for payment to the depositor. The document original is enclosed. Should you have any questions or concerns, please contact Gary Lee at (760) 633-2808 or in writing, attention the Engineering Department. Sincerely, AA A,1 Masih Maher Senior Civil Engineer Subdivision Engineering Cc; Leslie Suelter, Financial Services eslie Suelter Financial Services Manager Financial Services uu recycled paper TEL -(,0-611-2(,00 1 FAX -60-633-2621 ~'O A'ulca~ :Acrnur. { nun~rati (.~lihrni.i 92(j' i-i(ii . I)I> -60 0 0 EAST COUNTY TESTING AND LAB 10925 Hartley Road, Suite I Santee, California 92071 (619) 258-7901 Fax 258-7902 July 25, 2000 Jeremy McGrath & Kim Maddox C/o Unlimited Landscape, Inc. 1820 S. Escondido Blvd., Suite 204 Escondido, California 92025 -7, R2 r5 i 41 Subject: Project No. 00-1148D2 Proposed Detached Garage, Tennis Court and Swimming Pool 420 Bridoon Terrace City of Encinitas, California. Dear Mr. McGrath and Ms. Maddox: In accordance with your request, our firm has inspected the grading operation and tested the fill soils that were placed and compacted during the preparation of the detached garage, tennis court and swimming pool areas at the subject site. The following report summarizes our work and presents our test results as well as our conclusions and recommendations for the proposed development. 1. SITE DESCRIPTION The site consists of an proposed detached garage, tennis court and swimming pool surrounding the existing two-story residence. The site is located at the southwest corner of Bridoon Terrace, in the City of Encinitas, California. Prior to the grading operation, the site sloped moderately to the southwest. Vegetation consisted of grass. • McGRATH & MADDOX PROJECT NO. 00-1148D2 II. MATERIALS AND PLACEMENT The grading operation encompassed the excavation of the subgrade soils, placement and compaction of the fill soils to provide adequate support for the proposed garage, tennis court and swimming pool decking. The maximum depth of excavation was approximately two (2) feet. Prior to placement of the fill soils, the subgrade consisted of dense bedrock. The materials utilized in the grading operation were from on-site and imported soils which are primarily silt and sand mixtures with gravel. The fill soils were placed in thin lifts and compacted to a minimum of 90 percent of the maximum dry density while maintaining a moisture content near optimum by means of a fire hose. Compaction was achieved with a Cat 966D rubber-tired loader and a Cat D6H tractor. III. FIELD AND LABORATORY TESTING Field density tests were performed in accordance with ASTM D1556-90. Laboratory maximum density tests were performed in conformance with ASTM D1557-91, Methods A&C. The relative compaction test results, as summarized on Page T-1 under "Table of Test Results" are the ratios of the field dry densities to the laboratory maximum dry densities expressed as a percentage. The laboratory determinations of the maximum dry densities and optimum moisture contents of the fill soils are set forth on Page L-1 under "Laboratory Test Results". The approximate locations of the filled ground and the field density tests are presented on Plate. No. 1 entitled "Location of Field Density Tests". IV. CONCLUSIONS AND RECOMMENDATIONS The following conclusions and recommendations are based upon our analysis of the data available from the testing of the soils compacted on the site. Included in this analysis are our visual inspection of the grading operation while in progress from June 28, 2000 through July 21, 2000, field and laboratory testing of the bearing soil and our general knowledge of the area. 1. The soils utilized in the grading operation were from on-site and imported materials. These materials consist primarily of silt and sand mixtures with gravel. Based on the absence of shallow ground water, type and consistency of the natural ground and compacted fill, it is our opinion that the liquefaction potential is very low. 2 • • McGRATH & MADDOX PROJECT NO. 00-1148D2 2. During the grading operation, the subgrade soils were exposed where necessary and properly prepared to receive the fill soils. The fill soils were placed in thin lifts, moisture conditioned to near optimum, and then compacted to a minimum of 90 percent of the maximum dry density in accordance with local grading ordinances and the 1997 Edition of the Uniform Building Code (Appendix Chapter 33). 3. Since none of the soils utilized in the fill were considered to be detrimentally expansive (Expansion Index = 12), we make the following recommendations: a. Continuous footings and/or spread footings are suitable for use and shall extend a minimum of 12 inches for the proposed garage into the compacted fill soils. Continuous footings should be a minimum of 12 inches in width and reinforced with two #5 steel bars; one bar placed near the top of the footing and the other bar placed near the bottom of the footing. b. Concrete floor slabs should be a nominal 4 inches. Reinforcement should consist of either #3 bars placed at 24 inches on center each way or 6X6-6/6 mesh. Slab reinforcement should be placed within the middle third of the slab by supporting the steel on chairs or concrete blocks "dobies". The slab should be underlain by 4 inches of clean sand with a 6 mil visqueen moisture barrier in between. The effect of concrete shrinkage will result in cracks in virtually all concrete slabs. To reduce the extent of shrinkage, the concrete should be placed at a maximum of 4 inch slump. The minimum steel recommended is not intended to prevent shrinkage cracks. 4. There was no evidence of a significant on-site faulting, and a review of the available geological literature and maps pertaining to the site indicates the presence of the Rose Canyon Fault approximately 14 Km southwest of the site. Ground shaking from this fault and the other major active faults is the most likely happening to affect the site. With respect to this hazard the site is comparable to others in the general area. The proposed building should be designed in accordance with seismic design requirements of the Uniform Building code or the Structural Engineers Association of California using the following seismic parameters: PARAMETER VALUE UBC REFERENCE Seismic Zone Factor, Z 0.40 Table 16-I Soil Profile Type Sp Table 16-J Seismic Coefficient, Ca 0.44 Table 16-Q Seismic Coefficient, Cv 0.64 Table 16-R Near-Source Factor, Na 1.0 Table 16-5 Near-Source Factor, Nv 1.0 Table 16-T Seismic Source B Table 16-U 3 • McGRATH & MADDOX PROJECT NO. 00-1148D2 5. Backfill soils placed in utility trenches or behind retaining walls which support structures or other improvements shall be compacted to a minimum of 90 percent relative compaction. We will accept no responsibility for damage to structures as a result of improperly backfilled trenches. 6. Adequate measures shall be undertaken to properly finish grade the site after the structures and other improvements are in place, such that the drainage water within the site and adjacent properties is directed away from the foundations, footings, floor slabs and the tops of slopes via surface swales and subsurface drains towards the natural drainage for this area. Proper surface and subsurface drainage will be required to minimize the potential of water seeking the level of the bearing soils under the foundations, footings and floor slabs, which may otherwise result in undermining and differential settlement of the structures and other improvements 7. An allowable soil's bearing value of 1500 pounds per square foot may be used for the design of continuous and spread footings founded a minimum of 12 inches into the compacted fill soils. This value may be increased by 20 percent for each additional foot of depth and/or width to a maximum of 4500 pounds per square foot as set forth in the 1997 edition of the Uniform Building Code, Table No. 18-1-A. 8. Settlement of compacted fill is normal and should be anticipated. Because of the type and thickness of the fill soils, the settlement should be within acceptable limits. 9. The results of our tests and observations indicate that the fill soils placed on the subject site have been compacted to a minimum of 90 percent of the maximum dry density. These soils should support the proposed recreation building without detrimental settlement if the recommendations herein are adhered to. 4 • • McGRATH & MADDOX PROJECT NO. 00-1148D2 10. All statements, recommendations and conclusions made are applicable only for the grading operation which we inspected and are representative of the site at the time our report was prepared. East County Testing and Lab is not to be held responsible for fill soils placed at a future time or subsequent changes to the site by others which directly or indirectly cause poor surface or subsurface drainage and/or water erosion which could alter the strength of the compacted fill soils. If we can be of further assistance, please do not hesitate to contact our office. Pages T-1, L-1, and Plate No. 1 are parts of this report. Respectfully submitted, Mamadou Saliou Diallo, P.E. RCE 54071 O No. C own x ♦r Exp. ► z 3i-~3 ~Ir LLj MSD/md OF 5 • i McGRATH & MADDOX PROJECT NO. 00-1148D2 TABLE OF TEST RESULTS ASTM D1556-90 PAGE T-1 MAXIMUM DEPTH FEILD DRY DRY TEST SOIL OF FILL MOISTURE DENSITY DENSITY PERCENT NO. TYPE IN FEET %DRY WT. P.C.F. P.C.F COMPACTION REMARKS 1 1 2' 16.5 114.0 126.5 90 2 2 2' 17.2 113.9 126.0 90 3 1 2' 15.5 119.5 126.5 94 4 1 2' 14.2 118.5 126.5 94 5 1 4'FG 14.5 115.6 126.5 91 6 1 2' 13.6 116.9 126.5 92 7 1 2' 14.2 121.7 126.5 96 8 2 1' 11.9 117.2 126.0 93 9 2 1.5' 13.7 117.0 126.0 93 10 2 3'FG 11.6 115.1 126.0 91 11 2 3'FG 8.8 114.0 126.0 90 12 1 3' FG 14.3 117.0 126.5 92 13 1 1'FG 13.7 115.5 126.5 91 14 1 4'FG 14.2 115.2 126.5 91 15 1 2' 14.9 115.4 126.5 91 Bottom pool 16 1 2' 15.7 113.9 126.5 90 " " FG = FINISH GRADE TEST 6 µ McGRATH & MADDOX PROJECT NO. 00-1148D2 LABORATORY TEST RESULTS PAGE L-1 The maximum dry densities and optimum moisture contents of the fill materials as determined by ASTM D1557-91, Procedure A and B which uses 25 blows of a 10 pound slide hammer falling from a height of 18 inches on each of 5 equal layers in a 4 inch diameter 1/30 cubic foot compaction cylinder and Procedure C which uses 56 blows of a 10 pound slide hammer falling from a height of 18 inches on each of 5 equal layers in a 6 inch diameter 1/13.3 cubic foot compaction cylinder are presented as follows: OPTIMUM MAXIMUM MOISTURE DRY DENSITY CONTENT SOIL TYPE/ PROCEDURE LB/CU. FT. % DRY WT. 1/C BROWN FINE TO COARSE 126.5 10.2 GRAINED SILTY SAND WITH GRAVEL AND A TRACE OF CLAY 2/A TAN SILTY FINE TO MEDIUM 126.0 9.4 GRAINED SAND An expansion test in conformance with UBC 18-2 was performed on a representative sample of on-site soils to determine volumetric change charadteristics with change in moisture content. The recorded expansion of the sample is presented as follows: INITIAL SATURATED INITIAL DRY MOISTURE MOISTURE DENSITY EXPANSION CONTENT% CONTENT% LB./CU. FT. INDEX 10.6 21.7 106.8 12 * * MATERIAL PASSING # 4 STANDARD SIEVE 7 (A~ <y 16~) Iw `I Z ~h ~ \ 4 I O EAST COUNTY TESTING & LAB 10925 HARTLEY ROAD SUITE I SAlNTEE CALIFORNIA 92071 619 258-7901 fax 619 258-7902 FRqL-<Tlvv. aZ2- IMW4t z p ig AV. / • ! Engineering, Planning, Corporate Office: & ASSOCIATES, INC Environmental Sciences and 605 Third Street 760.942.5147 . Professional Teams for Complex Projects Management Services Encinitas, California 92024 Fax 760.632.0164 July 31, 2000 - #2484 City of Encinitas Engineering Services Permits 505 South Vulcan Ave Encinitas, CA 92024 RE: Engineer's Pad Certification for Grading Permit Number 638OG Knightsbridge Lot 27, Minor Use Permit 00-074 Pursuant to Section 23.24.310 of the Encinitas Municipal Code, this letter is hereby submitted as a Pad Certification Letter for Knightsbridge Lot 27, Minor Use Permit 00- 074. As the Engineer of Record for the subject project, I hereby state all rough grading for this unit has been completed in conformance with the approved plans an& requirements of the City of Encinitas Codes and Standards. The following list provides the pad elevations as field verified and shown on the approved grading plan: Pad Elevation Pad Elevation Lot No. Per plan Per field measurement 27 531.3 531.23 Construction of line grade for all engineered drainage devices have been field verified and are in substantial conformance with the subject grading plan. The location and inclination of all manufactured slopes have been field verified and are in substantial conformance with the subject grading plan. The construction of earthen berms and positive building pad drainage have been field verified and are in substantial conformance with the subject grading plan. Very truly yours, Dudek & Associates t 4 Nh' o ~ oa ~ti Dan Groth Na C23600 RCE 23600 Exp. CIVIL • • 1384 Poinsettia Ave., Suite A, Vista, CA 92083 Geotechnical (760) 599-0509 FAX (760) 599-0593 Environmental K9 INSIT / Materials June 2, 2000 GeoTek Project No.: C1196 Dudek & Associates, Inc 605 Third Street Encinitas, California 92024 Attention: Mr. Bill Wagoner Subject: Review of Grading Plans Lot 27 Tract 4400 Map No. 12780 Encinitas, California Reference:: Interim Report of Earthwork Construction Lots 25 through 36 Tract 4000 Encinitas, California Prepared by GeoTek Insite Inc. Dated October 28, 1998 As you requested we have reviewed the grading plans for the refercned project that you forwarded to us. We received two drawings dated June 1, 2000 identifed as sheet 1 and 2. These drawings were prepared by Dudek & Associates Inc. The plans reviewed are in general conformance with the recommendations contained in the referenced geotechncial reports for the project. We appreciate the opportunity to be of service on this project. If you should have any questions concerning please do not hesitate to contact us at your convenience. Respectfully Submitted, GeoTek Insite Inc. ARIZONA CALIFORNIA NEVADA UTAH Distribution: (4) Addressee & ASSOCIATES, INC. Professional Teams for Complex Projects March 30, 2000 Mr. Jeremy McGrath 420 Bridoon Terrace Encinitas, CA 92024 • Corporate Office: 605 Third Street Encinitas, California 92024 Re: Hydrology Update Letter for Lot 27, Knightsbridge Estates Dear Mr. McGrath: 760.942.5147 Fax 760.632.0164 We hereby certify that the drainage conditions for Lot 27 have not changed since the calculations were performed in our office for Knightsbridge Estates, Tract 4400. According to the maps in our office, Lot 27 lies in the upper reach of three (3) separate drainage areas and the maximum interpolated drainage from this lot is 5.17 CFS for a 100-year storm. If you have any questions or require anything further, please advise us. Very truly yours, Dudek & Associate Daniel Groth, P.E. RCE 23600 0 Engineering, Planning, Environmental Sciences and Management Services C. y No. C23S00 Exp. 2 3i CIVIL ?F CAL B A R R A T T June 1, 2000 Mr. Greg Shields, P.E. Senior Civil Engineer CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, California 92024-3633 RE: TM 4400 - Knightsbridge Estates Dear Mr. Shields: Please accept this letter as confirmation that Barratt American has met their obligation concerning the installation of the back gate at the Knightsbridge property. In addition, access rights and agreements have been negotiated, executed and are currently being recorded at the office of the San Diego County recorders office with the Sergeant's and Baldwin's. Both the Sergeant's and Baldwin's (the two property owners outside the Knightsbridge back gate), have executed access agreements which allow them to utilize both Knightsbridge and Dove Hollow gates, in accordance to their access rights. It has been resolved that an automatic gate will be installed between Knightsbridge and Dove Hollow to prevent unauthorized traffic to flow between the two sites. Authorized users will have automatic gate openers for their use. This gate will be installed and maintained by the Dove Hollow Association. The resolution of this issue should satisfy the City and allow Barratt to proceed with completion of Knightsbridge project. Sincerely, BARRATT AME ICAN INCORPORATED G. Jack Becker Vice President QXMy Documwft CwaspondencetPatty B&AProjeet SPWX1ditipMsbddp9%ShWds4k& Gate R"dLOW.801-doo Barratt American Incorporated 2035 Corte Del Nogal, Suite 160, Carlsbad, CA 92009 (760) 431-0800 • www.barratthomes.com Contractor's License No. 407512 AA OR tt1 Recording Requested by: Barratt American Incorporated When recorded, mail to: Barratt American Incorporated 2035 Corte Del Nogal, Suite 160 Carlsbad, CA 92009 Attn: Planning & Engineering SPACE ABOVE FOR RECORDER'S USE EASEMENT AND USER FEE AGREEMENT Tw THIS EASEMENT AND USER FEE AGREEMENT (the `Agreement') is entered into as of this day of , 2000, by and among BARRATT AMERICAN INCORPORATED, a Delaware Corporation ('Barrattl and ROBERT M. SERGEANT and CAROLE LEA SERGEANT, as Joint Tenants ("User"), with reference to the following: RECITALS A. Barratt is the developer of that certain residential subdivision more particularly described as: Lots 1 through 63, inclusive, of Tract 4400 ("Tract 4400") in the City of Encinitas, County of San Diego, State of California, as per Map No. 12780, filed on February 20, 1991, as Instrument No. 91-0076030, and Parcel 1 of Parcel Map 6585, as per Map filed on November 23, 1997, as Instrument No. 77-485875, all in the office of the County Recorder of said County (collectively, the *Property"). The Property is subject to that certain Declaration of Establishment of Conditions, Covenants and Restrictions for Knightsbridge Country Estates, recorded on May 6, 1997, as Instrument No. 1997-0210777 in the Official Records of said County (the 'Declaration'). B. User is currently the owner of Assessor Parcel No. 264-450-02. Parcel 2of Parcel Map No. 12866 (the `Lot). which Lot is more particularly described in Exhibit B attached hereto and incorporated herein by this reference. C. KNIGHTSBRIDGE COUNTRY ESTATES OWNERS' ASSOCIATION (Association) is the homeowners' association formed in connection with the operation and management of the Property as provided in the Declaration and is responsible for maintenance of the private streets located in part on Lot 63 of Tract 4400, and the security gate and guard house located on Lone Hill Lane between said Lot 63 and the intersection of Lone Jack Road CSecurity Gate*). D. The Lot has access, ingress and egress on, over and across said private street known as Lone Hill Road (the 'Private Street'), and through the Security Gate. The Private Street is more particularly described as Lot 63 of Tract 4400. Barratt is the current owner of said Lot 63. E. The Lot needs easements and permission to connect to existing sewer line installed in Lone Hill Lane. F. The parties now wish to enter into this Agreement with respect to the (i) confirmation of appurtenant access easement over the Private Street, (i) easement for access and connection to existing sewer system, and (Iii) use and maintenance of the Private Street and the Security Gate, and (iv) contributions by User to the cost of maintenance of the Private Street and the Security Gate, and (v) use of mail box at Project entry. .t NOW, THEREFORE, in consideration of the foregoing and the covenants hereinafter set forth, and for good and valuable consideration, the receipt, sufficiency and adequacy of which is hereby acknowledged by each party hereto, the parties do hereby agree as follows: 1. The foregoing Recitals of the Agreement are hereby incorporated herein by this reference as if fully set forth herein. 2. Nonexclusive Appurtenant Easement Over Private Street. a. Grant of Easement. Barratt hereby grants to User, for the benefit of User and its prospective purchasers, tenants, owners, licensees, invitees and its successors and assigns holding an interest in the Lot or any portion thereof, an appurtenant, nonexclusive easement for access, ingress and egress on, over, and across the Private street, and through the Security Gate on or controlling access to and over the Private Street, for vehicular and pedestrian purposes reasonably related to the use of the Lot and the residence and related improvements now or hereafter constructed on the Lot. Barratt hereby grants to User, for the benefit of User and its prospective purchasers, tenants, owners, licensees, and its successors and assigns holding an interest in the Lot or any portion thereof, an appurtenant easement for the purpose of connecting to and using the sewer system located within the property and/or Lot 63 thereof and any main water, electricity, gas, telephone, cable and other utility lines now or hereafter located within the Property and/or Lot 63 thereof and providing such services to lots within the Property (the 'Utility system"). Barratt makes no representation or warranty, and the foregoing easement grant shall not be construed to imply any representation or warranty, that the sewer system or any of such utility lines or improvements are of adequate or sufficient type, size or capacity to service present or future requirements of the Lot, and neither Barratt nor Association shall have any obligation to provide any additional, upgraded or larger utility lines, or increased capacity. User acknowledges and agrees that User shall be responsible for paying any utility service charges for utilities provided to the Lot at the request of User. The easements conveyed herein shall be appurtenant to, and shall pass with title to the Lot and any interest therein. b. Public Recreational Trail. Barratt represents and warrants to User that the pedestrian/equestrian trails shown on the Tract Map for Tract 4400 as `Public Recreational Trail' are open to the general public and are required by the Declaration to be open to the public, to use and enjoy. c. Security Gate. Barratt will maintain User's (or its successor's) name in the directory at the entry Gatehouse and the gate security system shall provide that person seeking entry at the gate to obtain access to User's Lot may communicate electronically or telephonically from the gate with User at User's residence and such system will provide User with an electronic or telephonic means of opening the gate from User's residence, as well as the gate access code to open the gate at the Security Gate itself. User shall have use and possession of two sets of keys, locks and/or transmitters to the Security Gate, to the extent reasonably necessary for the purpose of this Agreement. User shall have use and possession of a mailbox with keys at the entry gatehouse to the Knightsbridge project 3. Maintenance of Private Street. Utility System and Security Gate. Barratt and/or the Association shall operate and maintain in good condition, repair, and in a workmanlike manner, and repair, replace and insure the Private Street, Utility System and the Security Gate and mailboxes. Nothing contained in this Section 3 shall limit the obligations of User contained in other Sections of this Agreement. Within sixty (60) days of the execution of this Agreement, Barratt shall, at its expense, reseal the surface of the turn around area of the Private Street near the Lot and shall install permanent curbs on such turn around area, similar to the curbing on the remainder of the Private Street within the Property. 4. Payment by User. y, a. Gate Opener. Barratt shall initially provide User with two gate openers or other similar devices ("Gate Opener') to operate the Security Gate free of charge. If the Gate Opener is lost or damaged, the User shall immediately report that fact to the Association. Upon the payment of the sum of $100.00 per Gate Opener, Barratt or the Association, as applicable, shall provide additional or replacement Gate Openers to User. b. User Fees. User shall pay to the Association a User Fee (as defined below) from and after the date this Agreement is recorded. User shall pay the User Fee. The User Fee shall cover the annual cost to User of maintenance of the Private Street, and the Security Gate and related structure and electronic opening system, including, without limitation, general liability and hazard insurance, reasonably attributable to User and to all persons permitted and/or invited by User to use such facilities (collectively, "User Costs'). The User Fee payable by User shall be the sum of $21.00 per month (fixed rate not subject to increases). User Fees shall be due and payable monthly. On or before the tenth (10t) day prior to the date of each such payment is due, the Association shall give User written notice of the amount payable. In no event shall User be required to pay any sums in excess of the User Fee or to incur any other cost or expense in the maintenance repair, operation or use of the Private Street, Utility System, Security Gate or mailboxes in excess of such user fee, except as otherwise provided in Section 7 below. The first payment shall be an amount prorated to the end of the month during which the obligation to pay User commences. 5. Non-Payment. If all or any portion of the amounts payable by User pursuant to this Agreement remains unpaid for a period of ten (10) days after the date such amounts are due, such amount shall be deemed to be delinquent and the amount unpaid shall bear interest from the date due at the annual rate equal to the lesser of (1) the maximum rate allowed by applicable law, or (ii) the Reference Rate published from time to time by the Bank of America NTBSA, as its reference rate for computation of interest rates on commercial loans, whichever is less. In addition, User shall be responsible for all costs of collection of the delinquent amount including, without limitation, reasonable attomeys' fees and court costs. 6. Rules and Regulations. Barratt, the Association and User acknowledge that the Lot is not within the land currently subject to the Declaration and Rules & Regulations of the Association. Therefore, the Lot is not subject to the Declaration and the Rules and Regulations adopted from time to time by the Association. User, however, agrres to utilize reasonable care and due caution in exercise its use rights on and over the Private Street. 7. Repair of Damage by User. User, its successors or assigns, shall promptly repair any damage to the Private Street, Utility System, Mailboxes or Security Gate caused by use of the Private Street or the Security Gate by its contractors, agents, invitees, employees or any other persons using the Private Street or the Security Gate by permission of User, its successors or assigns. 8. Covenants Runnina with the Land. The parties hereby declare that the Property, the Lot, the Private Street, and all interests therein are to be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the applicable foregoing limitations, restrictions, easements, covenants, and conditions, all of which are declared and agreed to be in furtherance of and for the protection, maintenance and improvement of the Property, the Lot, and the Private Street for the purpose of enhancing their value, use, desirability, and attractiveness. All provisions of this Agreement are imposed as easements or equitable servitudes upon the Property, the Lot and the Private Street. All provisions of this Agreement shall run with the land described herein and shall be binding upon and for the benefit of the land described herein and all parties hereto and all parties having or acquiring any right, title, or interest in the land described herein and their successive owners and assigns. The easements granted herein shall burden the Property and the Private Street and shall inure to the benefit of the Lot and all portions thereof. The easements granted herein shall be irrevocable and may not be terminated except by a written instrument signed by the then current fee owner(s) of the Lot and all portions thereof. 9. Future Elimination of Security Gate. The Association may in the future determine that the Property shall be an ungated community, and, if such determination is made by the members of the Association, the Association shall have the right, in its sole and absolute discretion, to eliminate the Security Gate and to leave the Property ungated. In the event that the Association takes such action, the User Fee shall then be reduced by an amount ♦4 representing the proportionate amount thereof fairly allocable to the cost of operation and maintenance of the Security Gate. 10. Notices. Any notices to be given hereunder by any party to any other party shall be in writing and shall be delivered either personally or by United States Mail, registered or certified, postage paid with return receipt requested. Notice shall be delivered or addressed to the parties, until notice of a different address is given, at the following addresses: Association: Knightsbridge Country Estates Owners' Association c/o Professional Community Management 906 Sycamore Avenue, Suite 201 Vista, CA 92083 Attn: Julie Vllelli Phone: (760) 599-8050 Fax: (760) 599-9151 User: Robert M. Sergeant Carole Lea Sergeant Lone hill Lane Encinitas, CA 92024 Barratt: Barratt American Incorporated 2035 Corte Del Nogal, Suite 160 Carlsbad, CA 92009 Attn: J. Michael Armstrong Fax: (760) 929-6429 Notices not personally served shall be deemed delivered three (3) days after mailing. 11. Miscellaneous. a. Waiver. The waiver by any party of the breach by any other party of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement. b. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. c. Lanouaae Construction. Whenever the context of this Agreement requires, the masculine gender shall include the feminine and neuter and the singular number shall include the plural. Designations used herein are for convenience only and shall not be controlling in the interpretations of this Agreement. All exhibits referred to herein are incorporated into this Agreement by such reference as if set forth in full herein. d. Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless, continue in full force and effect without being impaired or invalidated in any way. e. Mortgacee Protection. No violation hereof shall operate to defeat or render invalid, in whole or in part, the rights of the beneficiary, insurer, guarantor, or holder of a mortgage or deed of trust encumbering any portion of the land described herein; provided that, after foreclosure of any mortgage or deed of trust, the property foreclosed shall remain subject to this Agreement. f. Attorneys' Fees. If any action or proceeding is instituted by any person to enforce or interpret the provisions hereof, the prevailing party in such action or proceeding shall be entitled to recover from the other party or parties its costs and expenses incurred in connection therewith, including without limitation reasonable attorneys' fees and the costs and expenses of litigation. .l A g. Effective Date. This Agreement shall be effective on the date of its recordation. h. Amendment. No amendment, change or modification of this Agreement shall be valid unless it is in writing and executed by the parties or their successors or assigns. Such amendment, or a memorandum thereof, shall be recorded in the Official Records of San Diego, California. i. Authority. The individuals executing this Agreement on behalf of Barratt and User represent that such individuals have authority to execute this Agreement on their behalf and that all necessary approvals to bind the parties hereto to this Agreement have been obtained. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "USER" By: Robert M. Sergeant By: Carole Lea Sergeant "BARRATT" ' V 6 ""'At--t By: MICHAEL PATTINSON, Presiden BARRATT AMERICAN INCORPORATED Signatures must be notarized. .It 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t r ss. County of Co~A Die t: rh ~ aco:l before me On ~1..., 111 t,06e-4 n. F3c.11, . . , 1 '-Date Name and Title of Officer (e.g.. 'Jane Doe. Notary Public") i p personally appeared 1 o e:- M ':,-e r H,e . ^ ~ c>,h C"Jc Lem 5~ ~C~n ~ z T Name(s) of Signer(s) personally known to me proved to me on the basis of satisfactory evidence h r S l' to be the personl~}s whose name s( it9l& subscribed to the within instrument and acknowledged to me that hk/ski he executed the same in hi~ rtr e(e( authorized ROBERT M NEILL capacity tes , and that Ty h#tr/ ei Comm. # 1130404 signature ,on the instrument the persons or C.S NOTARY PUBLIC- CALIFORNIA Vl the entity upon behalf of which the person Gs San Diego County acted, executed the instrument. ry 0"y Comm. Ex fifes Match 20, 2001 7'•.••r•+••~+ WITNE my hand and official seal. Iyh ~~G Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document1 Title or Type of Document: r. Se ,LAe Document Date: d S [ tt IeC Number of Pages: Signer(s) Other Than Named Above: Cy,, Capacity(ies) Claimed by Signer Signer's Name: - Individual Corporate Officer - Title(s): Partner - - Limited General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here © 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ,r j CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On -All 0, before me, V '0"i ( I , Notary Public, personally appeared X personally known to me - Or - N ST~ANIE C HAGAN NOTOMpL'BL~CALI ORBA N S AN DIEGO COUNTY Y Commission Expires MARCH 24, 2004 Sir. of sat4siaetefy_~~ to be the person'o) whose name is/af& subscribed to the within instrument and acknowledged to me that he/34044ey executed the same in his/l eif authorized capacity{ies}, and that by his/heFAhe}- signature* on the instrument the person*,, or the entity upon behalf of which the person( A-v acted, executed the instrument. WITNESS my hand and official seal. LOA' ' SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER irQS i TITLES ❑ PARTNERS ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: N E OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOC NUMBER OF PAGES DATE OF DOCUMENT C0-4/ I~ LeeA S.ey, -ea,,,,-f . SIGNER(S) OTHER THAN NAM D ABOVE su ~.~+o~r~u~woru~r ~rti.r ,r „z ~+-•i BARRATT AMERICAN INCORPORATED X11 619-431-0800 M Bank of America 2035 CORTE DEL NOGAL. STE. 160 CP.ESG Deoes I Ler!e• Drarce C-ourn .42c CARLSBAD. CA 92009 3223 Pa's Cen[er Drive 2rc For Gosta Mesa ;,A 9262E DATE _ PAY TO THE ORDER OF Dove Hollow Road Association 5i be Jc DOLLARS $10,000.OC ?Slim 1:12200066-11: 060001.648 0 2/3 ~ 7 ®,~.._._.m. illi~~R~•llli•-- _ - max; BARRATT AMERICAN INCORPORATED DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW IF NOT CORRECT PLEASE NOTIFY US PROMPTLY NO RECEIPT DESIRED DELUXE FORM WVC-3 V-3 DATE INVOICE NO. DESCRIPTION AMOUNT DEDUCTIONS PARTICULARS AMOUNT NET AMOUNT T '11/00 Easement/User Fee Ag reement $10,000.00 Ven 69948 Voucher 250319 Batch 212670 KNIGHTSBRIDGE !-3 164875 5/11/00 2. Recording Requested by: Barratt American Incorporated When recorded, mail to: Barratt American Incorporated 2035 Corte Del Nogal, Suite 160 Carlsbad, CA 92009 Attn: Planning & Engineering SPACE ABOVE FOR RECORDER'S USE EASEMENT AND USER FEE AGREEMENT THIS EASEMENT AND USER FEE AGREEMENT (the "Agreement) is entered into as of this day of , 2000, by and among BARRATT AMERICAN INCORPORATED, a Delaware Corporation ("Barratt') and WILLIAM DANIEL BALDWIN and LEE ANN BALDWIN, as Joint Tenants (`User"), with reference to the following: RECITALS A. Barratt is the developer of that certain residential subdivision more particularly described as: Lots 1 through 63, inclusive, of Tract 4400 ("Tract 44007 in the City of Encinitas, County of San Diego, State of California, as per Map No. 12780, filed on February 20, 1991, as Instrument No. 91-0076030, and Parcel 1 of Parcel Map 6585, as per Map filed on November 23, 1997, as Instrument No. 77-485875, all in the office of the County Recorder of said County (collectively, the "Property). The Property is subject to that certain Declaration of Establishment of Conditions, Covenants and Restrictions for Knightsbridge Country Estates, recorded on May 6, 1997, as Instrument No. 1997-0210777 in the Official Records of said County (the 'Declaration'). B. User is currently the owner of Assessor Parcel No. 264-450-01. Parcel 1 of Parcel Map No. 12866 (the "Lot'). which Lot is more particularly described in Exhibit B attached hereto and incorporated herein by this reference. C. KNIGHTSBRIDGE COUNTRY ESTATES OWNERS' ASSOCIATION (Association) is the homeowners' association formed in connection with the operation and management of the Property as provided in the Declaration and is responsible for maintenance of the private streets located in part on Lot 63 of Tract 4400, and the security gate and guard house located on Lone Hill Lane between said Lot 63 and the intersection of Lone Jack Road ("Security Gate'). D. The Lot has access, ingress and egress on, over and across said private street known as Lone Hill Road (the "Private Street'), and through the Security Gate. The Private Street is more particularly described as Lot 63 of Tract 4400. Barratt is the current owner of said Lot 63. E. The Lot needs easements and permission to connect to existing sewer line installed in Lone Hill Lane. F. The parties now wish to enter into this Agreement with respect to the (i) confirmation of appurtenant access easement over the Private Street, (i) easement for access and connection to existing sewer system, and (ii) use and maintenance of the Private Street and the Security Gate, and (iv) contributions by User to the cost of maintenance of the Private Street and the Security Gate, and (v) use of mail box at Project entry. NOW, THEREFORE, in consideration of the foregoing and the covenants hereinafter set forth, and for good and valuable consideration, the receipt, sufficiency and adequacy of which is hereby acknowledged by each party hereto, the parties do hereby agree as follows: 1. The foregoing Recitals of the Agreement are hereby incorporated herein by this reference as if fully set forth herein. 2. Nonexclusive Appurtenant Easement Over Private Street. a. Grant of Easement. Barratt hereby grants to User, for the benefit of User and its prospective purchasers, tenants, owners, licensees, invitees and its successors and assigns holding an interest in the Lot or any portion thereof, an appurtenant, nonexclusive easement for access, ingress and egress on, over, and across the Private street, and through the Security Gate on or controlling access to and over the Private Street, for vehicular and pedestrian purposes reasonably related to the use of the Lot and the residence and related improvements now or hereafter constructed on the Lot. Barratt hereby grants to User, for the benefit of User and its prospective purchasers, tenants, owners, licensees, and its successors and assigns holding an interest in the Lot or any portion thereof, an appurtenant easement for the purpose of connecting to and using the sewer system located within the property and/or Lot 63 thereof and any main water, electricity, gas, telephone, cable and other utility lines now or hereafter located within the Property and/or Lot 63 thereof and providing such services to lots within the Property (the "Utility system"). Barratt makes no representation or warranty, and the foregoing easement grant shall not be construed to imply any representation or warranty, that the sewer system or any of such utility lines or improvements are of adequate or sufficient type, size or capacity to service present or future requirements of the Lot, and neither Barratt nor Association shall have any obligation to provide any additional, upgraded or larger utility lines, or increased capacity. User acknowledges and agrees that User shall be responsible for paying any utility service charges for utilities provided to the Lot at the request of User. The easements conveyed herein shall be appurtenant to, and shall pass with title to the Lot and any interest therein. b. Public Recreational Trail. Barratt represents and warrants to User that the pedestrian/equestrian trails shown on the Tract Map for Tract 4400 as `Public Recreational Trail" are open to the general public and are required by the Declaration to be open to the public, to use and enjoy. c. Security Gate. Barratt will maintain User's (or its successor's) name in the directory at the entry Gatehouse and the gate security system shall provide that person seeking entry at the gate to obtain access to User's Lot may communicate electronically or telephonically from the gate with User at User's residence and such system will provide User with an electronic or telephonic means of opening the gate from User's residence, as well as the gate access code to open the gate at the Security Gate itself. User shall have use and possession of two sets of keys, locks and/or transmitters to the Security Gate, to the extent reasonably necessary for the purpose of this Agreement. User shall have use and possession of a mailbox with keys at the entry gatehouse to the Knightsbridge project 3. Maintenance of Private Street. Utility System and Security Gate. Barratt and/or the Association shall operate and maintain in good condition, repair, and in a workmanlike manner, and repair, replace and insure the Private Street, Utility System and the Security Gate and mailboxes. Nothing contained in this Section 3 shall limit the obligations of User contained in other Sections of this Agreement. Within sixty (60) days of the execution of this Agreement, Barratt shall, at its expense, reseal the surface of the turn around area of the Private Street near the Lot and shall install permanent curbs on such turn around area, similar to the curbing on the remainder of the Private Street within the Property. 4. Payment by User. a. Gate Opener. Barratt shall initially provide User with two gate openers or other similar devices CGate Opener) to operate the Security Gate free of charge. If the Gate Opener is lost or damaged, the User shall immediately report that fact to the Association. Upon the payment of the sum of $100.00 per Gate Opener, Barratt or the Association, as applicable, shall provide additional or replacement Gate Openers to User. b. User Fees. User shall pay to the Association a User Fee (as defined below) from and after the date this Agreement is recorded. User shall pay the User Fee. The User Fee shall cover the annual cost to User of maintenance of the Private Street, and the Security Gate and related structure and electronic opening system, including, without limitation, general liability and hazard insurance, reasonably attributable to User and to all persons permitted and/or invited by User to use such facilities (collectively, 'User Costs"). The User Fee payable by User shall be the sum of $21.00 per month (fixed rate not subject to increases). User Fees shall be due and payable monthly. On or before the tenth (10") day prior to the date of each such payment is due, the Association shall give User written notice of the amount payable. In no event shall User be required to pay any sums in excess of the User Fee or to incur any other cost or expense in the maintenance repair, operation or use of the Private Street, Utility System, Security Gate or mailboxes in excess of such user fee, except as otherwise provided in Section 7 below. The first payment shall be an amount prorated to the end of the month during which the obligation to pay User commences. 5. Non-Payment. If all or any portion of the amounts payable by User pursuant to this Agreement remains unpaid for a period of ten (10) days after the date such amounts are due, such amount shall be deemed to be delinquent and the amount unpaid shall bear interest from the date due at the annual rate equal to the lesser of (1) the maximum rate allowed by applicable law, or (i) the Reference Rate published from time to time by the Bank of America NTBSA, as its reference rate for computation of interest rates on commercial loans, whichever is less. In addition, User shall be responsible for all costs of collection of the delinquent amount including, without limitation, reasonable attomeys' fees and court costs. 6. Rules and Regulations. Barratt, the Association and User acknowledge that the Lot is not within the land currently subject to the Declaration and Rules & Regulations of the Association.. Therefore, the Lot is not subject to the Declaration and the Rules and Regulations adopted from time to time by the Association. User, however, agrres to utilize reasonable care and due caution in exercise its use rights on and over the Private Street. 7. Reaair of Damage by User. User, its successors or assigns, shall promptly repair any damage to the Private Street, Utility System, Mailboxes or Security Gate caused by use of the Private Street or the Security Gate by its contractors, agents, invitees, employees or any other persons using the Private Street or the Security Gate by permission of User, its successors or assigns. 8. Covenants Running with the Land. The parties hereby declare that the Property, the Lot, the Private Street, and all interests therein are to be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the applicable foregoing limitations, restrictions, easements, covenants, and conditions, all of which are declared and agreed to be in furtherance of and for the protection, maintenance and improvement of the Property, the Lot, and the Private Street for the purpose of enhancing their value, use, desirability, and attractiveness. All provisions of this Agreement are imposed as easements or equitable servitudes upon the Property, the Lot and the Private Street. All provisions of this Agreement shall run with the land described herein and shall be binding upon and for the benefit of the land described herein and all parties hereto and all parties having or acquiring any right, title, or interest in the land described herein and their successive owners and assigns. The easements granted herein shall burden the Property and the Private Street and shall inure to the benefit of the Lot and all portions thereof. The easements granted herein shall be irrevocable and may not be terminated except by a written instrument signed by the then current fee owner(s) of the Lot and all portions thereof. 9. Future Elimination of Security Gate. The Association may in the future determine that the Property shall be an ungated community, and, if such determination is made by the members of the Association, the Association shall have the right, in its sole and absolute discretion, to eliminate the Security Gate and to leave the Property ungated. In the event that the Association takes such action, the User Fee shall then be reduced by an amount representing the proportionate amount thereof fairly allocable to the cost of operation and maintenance of the Security Gate. 10. Notices. Any notices to be given hereunder by any party to any other party shall be in writing and shall be delivered either personally or by United States Mail, registered or certified, postage paid with return receipt requested. Notice shall be delivered or addressed to the parties, until notice of a different address is given, at the following addresses: Association: Knightsbridge Country Estates Owners' Association c/o Professional Community Management 906 Sycamore Avenue, Suite 201 Vista, CA 92083 Attn: Julie Villelli Phone: (760) 599-8050 Fax: (760) 599-9151 User: William Daniel Baldwin Lee Ann Baldwin 3527 Lone hill Lane Encinitas, CA 92024 Barratt: Barratt American Incorporated 2035 Corte Del Nogal, Suite 160 Carisbad, CA 92009 Attn: J. Michael Armstrong Fax: (760) 929-6429 Notices not personally served shall be deemed delivered three (3) days after mailing. 11. Miscellaneous. a. Waiver. The waiver by any party of the breach by any other party of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement. b. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. c. Language Construction. Whenever the context of this Agreement requires, the masculine gender shall include the feminine and neuter and the singular number shall include the plural. Designations used herein are for convenience only and shall not be controlling in the interpretations of this Agreement. All exhibits referred to herein are incorporated into this Agreement by such reference as if set forth in full herein. d. Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless, continue in full force and effect without being impaired or invalidated in any way. e. Mortgagee Protection. No violation hereof shall operate to defeat or render invalid, in whole or in part, the rights of the beneficiary, insurer, guarantor, or holder of a mortgage or deed of trust encumbering any portion of the land described herein; provided that, after foreclosure of any mortgage or deed of trust, the property foreclosed shall remain subject to this Agreement. f. Attorneys' Fees. If any action or proceeding is instituted by any person to enforce or interpret the provisions hereof, the prevailing party in such action or proceeding shall be entitled to recover from the other party or parties its costs and expenses incurred in connection therewith, including without limitation reasonable attorneys' fees and the costs and expenses of litigation. g. Effective Date. This Agreement shall be effective on the date of its recordation. h. Amendment. No amendment, change or modification of this Agreement shall be valid unless it is in writing and executed by the parties or their successors or assigns. Such amendment, or a memorandum thereof, shall be recorded in the Official Records of San Diego, California. 1. Authority. The individuals executing this Agreement on behalf of Barratt and User represent that such individuals have authority to execute this Agreement on their behalf and that all necessary approvals to bind the parties hereto to this Agreement have been obtained. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "USER" "BARRATT" Signatures must be notarized. SEE ATTACHED FOR OFFICIAL o(Y rnGEMEf IT By: MICHAEL PATTINSON, President BARRATT AMERICAN INCORPORATED CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT State of n I LL' County of I L _ personally appeared Ilk; i On before me, Wale Name and Title of lwi- ro 11- M-1 Kl-.--. o...~._.~ ' x T 1 R WITNESS my hand and official seal. Signature of Notary Public Narne(s) Of Signer(s) OR - roved tome on the basis of sati factory evidence to be the person(s) whose name(s) i rr subscribed to the within instrument and acknowledged to me that th executed the same in he' authorized capacity(ies), and that by her signature(s) on the instrument the person(s), wr or the entity upon behalf of which the person(s) acted, f~•FOlt~l executed the instrument. OFTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 11% C)q 7 (1 Document Date: Number of Pages: Signer(s) Other Than Named Above: "r r LQ I PQ-HoSM, Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): Partner - ❑ Limited Attomey-in-f=act Trustee Guardian or nserv Other: neral Top of tnumb here Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ Attomey-in-fact ❑ Trustee ❑ Guardian or nserv ❑ Other: General Is Representing: r Is Representing: Top of thumb here ,~a~~w=.~- .u.o nnmmnt nve., r-~- MOX 11b4 - GanOga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toff-Free 1-800-876-8827 'State of California CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT County of San Diego On before me Notary Public, personally appeared (41% personally known to me - Or - STEPHANIE CTHA{ AN COMM. #1254668 NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY n My Commission Expires - I ' MARCH 24. 2004 _❑_nLavcrl in ma nn thc~ h i .,4 c t0 be the person whose name(' is/afe subscribed to the within instrument and acknowledged to me that he/s.kzs> y- executed the same in his/he64he+r authorized capacity(4e4 and that by his/he4# e4 signature' on the instrument the person, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ~CC PORATE OFFICER TITLES ❑ PARTNERS ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: N A_YE OF PERSON(S) OR ENTITY(IES) lL NITCCT ~ t~'YY1 ~E%✓ ~ C G..-.. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUM NT NUMBER OF PAGES DATE OF DOCUMENT L-ee- SIGNER(S) OTHER THAN NAMED ABOVE s111-DST .O T- -ti I .-M p .