1991-246088
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DOC U: 1991-0246088
24-MAY-1991 08:42 A
RECORDING REQUESTED BY
AND WHEN RECORDED MAil TO
934
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
FEES: 0.00
I
Name
Street
Ad:ress
City &
State
L
San Dieguito Water Dist.~
59 East "0" St.
Encinitas, Ca 92024
-1
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
@
Notice is hereby given lhat:
L The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the properly hereinafter described:
2. The full name of the owner is __ _ San l1ieguito Water.,j)istrict_
59 East "D" Street
3. The lull address ollne owner is
Encinitas, Ca 92024
4. The lIature of the interest or estate of the owner is; In fee.
In Fee
-
(If other than fee, strike" In lee" (lnd ,nsert. for ~)ar1'Dle_ "purchaser under contract of purchase, ,. or "lessee")
5. The full names and lull addresses of all persons, il any, who hold title with the undersigned as Joint tenants or as tenants in common are:
NAMES ADDRESSES
6 A work of improvement on the property hereinafter described was completed on _DeceI!1Per II, __ ~1.9-H\e work done was:
IngtallSit.ion of water , ; nps ,:::mn ?Ippl1rh"!n?lnr.ps
7. The name of the contractor, if any. tor such work of improvement was Bruc_E: St. Gean, General Parnter of;
Ouail_ Gardens View L A Cal_iforni_a Limited__Partnership .Tn' y :;>4, 1 Q90
(Ifnocontr(lctorforworkofimprovementasawhole,lnser!"none"_) WateofContract)
8. The property on which said work ot improvement was completed is in the city of __ Encini tas
County of _ Sen Dipgn
(Agreement No,,--
APN 257-011-22
9. The street address of said property is _ Qua i 1 Gardens Rd.
(If no streel address has been ofliciallyasslgned,insert "none". )
_,State of California, and is described as follows:
A-OOO?) Private road off Quail
TPM 18754
Gardens Dr.
Dated:DE'C'E'mnpr '1. 1 ggO
Verifi~afion for Individual Owner .
\ "'\ s.:-
N,,^---- +\ 0~ j
Signature of owner or corporate officer ot owner
named in paragraph 2 or hisagen!
Warren H. Shafer, Secretary
VERIFICATION
I, the undersigned,say: I amlheManaqE'r of _Srln nipgllitn Wa:t..er..~Dist. _thedeclarantoftheforegoing
("P"reSldent 01". "Manager Df'. ",. partner of", "Owner of", etc.)
notice of completion; I have read said notice of completion and know the contents thereof; the same is true 01 my own knowledge.
I declare under penalty of perjury lhat lhe foregoing istrueandc orrect.
Executed on __
np~pmhAr " .
(Date of signatur~.l
__, 19---.9..0...., at~nciI'!i tas
rCity where signed.)
,California.
~ .-+\ ~
(Personal signalureofthe individual who is sweari that the contents of
the notice of cDmpletion are true,)
Warren H. Shafer, Secretary
NOT'CE OF CO,,",PLETION_. WOLCCTTS FOR,,", " \4 RE.' 6_74
8 ~t, frpe Gr iarger
~ DIEGUITO WATER DISTRICT
WATER IMPROVEMENTS SECURITY OBLIGATION AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That I/we Quail Gardens View, A California Limited Partnerphip,
Principal, are held and firmly bound unto the San Dieguito
Water District, a irrigation district, in the city of
Encinitas, County of San Diego, state of California, in the sum
of Fifteen thousand. six hundred sixTY nnll~r~ ~nn nn!,nn
($ 15,660.00 ) in the form ofr,pt-t-pr nr rr""r'!it- #'00Q1390
on deposit with the District Treasurer and to be held by it
until this obligation becomes void and if any of the
conditions herein are breached, to be applied by the San
Dieguito Water District to satisfy any damages suffered and
pursuant to the provisions recited hereinafter.
The condition of the foregoing obligation is such that
whereas the above-named Principal has agreed pursuant to
"Agreement To Improve Development-Water Facilities" No. A-ODD?
Provide 150% of the estimat:Rn COST!': nf imprnuoOmoOn+<::!. Tn A!':!':11roO
faithful performance of this Aareernent. 25% security will
be held for a period of one year followin9 accp-pt:anr.R nnTR
by District Board as stated in paraaraph 15 in Watp-r TmprovRmRnT
Aqreernen t.
, dated a copy of which
is attached hereto, to provide certain improvements for the
property known as TPM 18754 and is
required by said agreement to give the District a security to
guarantee the performance and completion of said improvements;
NOW, THEREFORE, if the said Principal shall well and truly
perform all the work specified in said agreement, then this
obligation shall be null and void, otherwise to remain in full
force and effect. In addition, this security shall be
conditioned upon the Principal's full compliance with all terms
and conditions of the required city of Encinitas Engineering
Permit including any condition specifying a time limit; and
further conditioned upon full compliance with all provisions of
the ordinances and standards of the city of Encinitas and San
Dieguito Water District.
IN WITNESS
his hand, this
WHEREOF, the said Principal has hereunto set
24th day of July , 19--22..-.
RJtUk~'~, ~J
Principal
121 "" t~~. ~\.~,~.t..,
Business Address
~~ en
\:, " , CA, 7.s::nJ.t
Sec/3/29/89
AGREEMENT TO IMPROVE DEVELOPMENT-WATER FACILITIES
AGREEMENT # A-0007
THIS AGREEMENT is made and entered into this day of
19____, by and between San Dleguito Water District,
hereinafter called District, and Bruce St. Gean, General
Partner of : Quail Gardens View, A California Limited
Partnership. 1516 Calle Pensamientos
Encinitas, Calif. 92024
(Owner's Name and Address)
hereinafter called Owner.
A. In the near future, Owner desires to install a water main
or mains and appurtenances to service his property.
B. District will own and operate such facilities, if
constructed in the manner set forth herein.
c. The parties desire, by this Agreement, to provide for the
construction and completion of such facilities.
NOW THEREFORE, it is agreed:
1. Owner hereby agrees, at his own cost and expense, to
furnish all labor, equipment, and material to perform and
complete, and within 365 days from the date of this Agreement
by District, to perform and complete in a good workmanlike
manner, according to the plans attached hereto and made a part
of this Agreement, and in accordance with other special
conditions noted in District Exhibit "BII on file at the office
of District and any other plans or specifications referred to
in this Agreement, the fOllowing subdivision improvements;
water facilities as shown on the attached plans and in
accordance with District's standard specifications and any
other plans or specifications referred to by this Agreement or
referred to in the attachments. {Exhibit flAil; Exhibit "B";
Improvement Security; Set aside Letter; and Certificate of
Insurance, etc.}
2. Owner agrees that the work shall be done by a Class
"All or IIC-34" licensed contactor, and that the work shall be
subj ect to inspection by and to the satisfaction of District
and the improvement shall not be deemed complete until approved
and accepted in writing by the District. The estimated cost of
said water facilities is the sum of Ten thousand, Four hundred
and forty dollars and 00/100 cents. ($ 10,440.00 ).
Owner's obligation under this Agreement extends to the
- 1 -
completion of the improvements, as hereinabove set forth, and
is not limited by the amount of the cost estimate. Owner
further agrees that the cost estimate is an estimate only, not
intended to constitute liquidated damages or a limitation on
the obligations of Owner. District shall be allowed to inspect
the facilities during all stages of construction. District
shall be notified a minimum, of 48 hours prior to the
commencement of construction. After completion of the
facilities in accordance with the approved plans and
specifications, and not less than 35 days after the filing of a
"Notice of Completion" by District; the facilities shall be
considered as donated to District and shall be owned and
operated by District, if accepted by District. District will
not file a Notice of Completion unless they are free of
mechanic's liens. Owner shall furnish to District satisfactory
proof (ordinarily in the form of a title company report) that
no liens were filed against the project prior to the expiration
of the lien period.
3. Monuments and stakes previously installed which are
removed, altered, or destroyed prior to the completion of the
improvements and their acceptance by District shall be
installed by Owner within 30 days after such acceptance by
District.
4. Owner shall convey to District easements, using the
District Form of Easement covering the property in which the
water facilities are located at all instances where the
facilities are not located in a dedicated street. Owner shall
have his Engineer provide District with a legal description and
an 8 1/2" x 11'1 plat of easements. The plat shall be a
reproducible transparency with Districts title block and shall
fully locate and describe the easement.
5. Owner shall pay to District, upon execution of this
Agreement, and prior to commencement of any work hereunder, the
amount of the cash deposit set forth in District Exhibit "BII
for engineering, construction inspection, right of way
expenses, materials furnished and for other District work and
special charges.
6. Owner shall, at Ownerls expense, obtain all necessary
permits and licenses for the construction of the water
improvements and give all necessary notices and pay all fees
and taxes required by law.
7. The water facilites constructed by Onwer shall be
connected by Owner to the existing water lines of District in a
manner approved by District. If water facilities are
constructed in private streets, the streets shall be curbed
and/or constructed such that no damage to paving, structures or
- 2 -
landscaping will result from full flow fire hydrant testing or
from failure of Districts water facilities. The developer
and/or contractor shall submit a shutdown request to the San
Dieguito Water District at least seven calendar days in advance
of a shutdown. A detailed written procedure including a list
of personnel, name of supervisors and equipment to be used
shall also be submitted to the San Dieguito Water District.
The procedure, including personnel, supervisors and equipment,
must be approved by the San Dieguito Water District prior to
scheduling the shutdown. The District can cancel any
previously approved shutdown due to the weather and/or system
operation considerations. Filing of a Notice of Completion
shall not be accomplished until the following requirements have
been complied with:
a.) All work has been completed in accordance with the
plans and specifications, all gate wells have been
set flush with the street surface, and meter boxes
set to finish grade;
b.) A set of original plans (sepia prints), corrected to
conform with the work as constructed, has been
submitted to the District.
8. The water facilities shall be operated by District in
accordance with the rules and regulations of District. Meter
costs are not included in the estimated cost of water
facilities and shall be paid by Owner, in accordance with
District's rate schedule, as it from time-to-time exists.
Water for construction purposes will be provided in accordance
with District's Rates and Rules and Standard Practices.
9. District shall not, nor shall any officer or employee
of District be liable or responsible for any accident, loss or
damage happening or occurring to the work or improvements
specified in this Agreement prior to the completion and
acceptance of the same, nor shall District, nor any officer or
employee of District, be liable for any persons or property
injured by reason of said work or improvements, but all of said
liabilities shall be assumed by Owner, who agrees to indemnify
and save harmless District and the officers and employees of
District from and against any and all claims, demands, losses,
costs, and causes of action of any nature, and any expense
incident to defense thereof (inClUding attorney's fees), for
injury to or death of persons or damage to property arising out
of the construction of the water facilities. OWner further
agrees to protect District and the officers and employees of
District from all liability or claims because of, or arising
out of, the use of any patent or patented article in the
construction of said improvements. The Owner shall cause the
contractor to file with the District "Certificates of
Insurance" indicating that the following coverage is in effect:
- 3 -
a. ) An oriqinal certificate of insurance naming the San
Dieguito Water District as certificate holder and additionally
insured with a minimum public liability limit of $1,000,000 for
each occurrence and aggregate for combined bodily injury and
property damage.
10. District shall not, nor shall any officer or employee
of District, be liable for any portion of the expense of the
aforesaid work or for the payment of any labor or materials
furnished in connection therewith.
11. Owner shall furnish to District good and sufficient
security in the form of cash deposit, a letter of credit or
other security as approved by the District Engineer in the
amount of 150% of the estimated costs of improvements, to
assure faithful performance of this Agreement in regards to
said improvements.
12. District may make changes, alterations or additions
to the improvement plans and specifications, not to exceed 10%
of the original estimated costs of the improvements. Owner
shall provide additional security in a form satisfactory to the
District in an amount equal to 100% of the total estimated cost
of the improvements, as changed, altered or amended; this
amount may be adjusted by the amount of work completed and any
partial releases already made. All such changes, alterations,
or additions shall not relieve the Owner of his improvement
security given for the faithful performance of this Agreement.
13. In the event it is deemed necessary to extend the
time of completion of the work contemplated to be done under
this Agreement, said extension may be granted by District and
shall in no way affect the validity of this Agreement or
release the improvement security given for the faithful
performance of this Agreement.
14. Owner shall, and hereby does guarantee all work for a
period of one year after date of filing of a Notice of
Completion by District, and shall repair or replace any and all
such work, together with any other work which may be displaced
in so doing, that may prove defective in workmanShip and/or
materials within a one-year period from date of filing of a
Notice of Completion by District without expense whatsoever to
District, ordinary wear and tear, unusual abuse or neglect
excepted. District will give notice of observed defects with
reasonable promptness.
- 4 -
Owner shall notify District upon completion of repairs. In the
event of an emergency, District may make the repairs and Owner
shall be liable for all expenses incurred. In the event Owner
fails to comply with District's request for correction within
one week after being notified in writing by District, District
is hereby authorized to proceed to have the defects repaired
and make good at the expense of Owner, who hereby agrees to pay
the cost and charges therefore, immediately upon demand. in
the event the District elects to repair the defective work,
such action by District will not relieve Owner of the
guarantees provided in this paragraph.
15. Owner shall furnish to District good and sufficient
security, in the form of cash deposit, letter of credit or
other security as approved by the District Engineer to
District, in the amount of 25% of the estimated total cost of
the improvements to secure Owner's guarantee and warranty for a
period of one year following the acceptance by District against
any defective design work or labor done or defective materials
furnished.
16. The plans provided for in this contract conform to
the current standards of the San Dieguito Water District. The
developer will be required to conform to the standards
applicable on the date upon which construction is commenced on
the development if construction is not commenced within six
months of the date of the execution hereof by the San Dieguito
Water District.
17. Owner agrees to install water improvements as called
for on signed "Improvement plans" TPM 18754.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed the day first above written.
SAN DIEGUITO WATER DISTRICT
OWNER/DEVELOPER
1\ ~ ,
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Warren H. Shafer, District ManageE
AGREE/06/06/90
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this ~ -Hi day of ::ItA !.- if- ' 19-1"', before me
Bruce St. Gean, General Partner 0 Quail Gardens View, personally
appeared, known to me (or proved to me on the basis of satisfactory
evidence) to be one of the partners of the Partnership that executed
the within instrument, and acknowledged to me that such partnership
executed the same.
55.
Witness my hand and official seal.
~~o e c!4J
Jo phi E. Neeb
N ry ublic
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".7> ' .. .. ^~Ires .,lay 26, 1994
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
ON -::fi)1--v /'7 /9'/0 BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC IN iND FOR SAID STATE, PERSONALLY APPEARED lNfH2PEN H" ...SJ1f4r:F~
KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE).
TO BE THE SECRETARY OF THE SAN DIEGUITO WATER DISTRICT AND KNOWN TO
ME TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF
SAID PUBLIC CORPORATION, AGENCY OR POLITICAL SUBDIVISION. AND
ACKNOWLEDGED TO ME THAT SUCH PUBLIC CORPORATION, AGENCY. OR POLITICAL
SUBDIVISION EXECUTED THE SAME.
WITNESS MY HAND AND OFFICIAL SEAL.
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SIGNATURE ~. 7 <7~ _ ~ _7. .
NAM (TYPED OR PRINTED)
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EXHIBI'r liB"
Agreement #A-0007
Project Name: Quail Garaens Drive (Private Road) TPM 18754
Date:
1. The Owner/Developer to provide for the installation of the
below listed water facilities.
2. No facilities will be installed prior to the execution of
agreement to improve development water facilities.
3. No facilities will be installed prior to the acceptance by
the District of: (a.) Instrument of Credit (b.) Certificate
of Insurance.
4. Improvement plans shall not be signed as approved by the
District, prior to the stipulations spelled out in Paragraphs
1 through 4, with the exception of fees and deposits
designated by the asterisk (*) which are required prior to
installation/construction.
5. Developer to provide for compaction testing per requirements
of San Dieguito Water District.
6. Developer to provide for construction staking and surveying
for the proposed water facilities.
7.
Bruce St. Gean
Developer/Owner's Name
to install the water facilities
listed in Paragraph 8.
8. INSTALLATIONS:
) 130 ft of 8"AC Main
a.
b.) Temporary High Line 180ft.
c. ) Replace 1" Air Release
d.) Water meters adjusted 6 ea.
e.) Ad~ust Gate Valve to grade 2 ea.
f.) AdJust F.H. to grade 1 ea.
g. )
Total Estimate:
$ 3,120.00
$ 4,320.00
$ 1,200.00
$ 1,200.00
$ 200.00
$ 400.00
$
$ 10,440.00
9.
IMPROVEMENT SECURITY:
a.}Improvement of Security, 150%
$ 15,660.00
10.
ENGINEERING COSTS:
Plan check Fee
$
300.00
11.
METER FEES:
a.)
b.)
c.)
d.)
e. )
(METER & CAPACITY)
$
$
$
$
$
Total Meter Fees: $
N/A
*
Page 1 of 2
EXHIBIT IIBII
12.
CAPACITY FEE:
a. )
b.)
(BACKFLOW & FIRE SPRINKLER ONLY)
$
$
Total Capacity Fee: $ N/A
.
16. The above figures for deposits are estimates only and may
vary accordingly. Upon completion of installation, cost
will be computed and billing or refund will be issued to
your firm.
17. In the event the gO-day period elapses from date of
Exhibit IIBIl, the above estimated deposits and fees must be
revised and are subject to the condition of agreement with
San Dieguito Water District.
18. Contractor is responsible for consumer side connection of
proposed project meters. The District shall furnish
consumer ball valves as part of Item 11.
19. Easements, in the form used by the District, for the new
water facilities will be executed by the developer and be
recorded prior to the water facility installation/
construction and filing of the subdivision map.
ACCEPTANCE
SAN DIEGUITO WATER DISTRICT
OWNER/DEVELOPER
'. 1\ '(,'-. ; .
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Warren H. Shafer, Distriit Manager
(3 ~.
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Page 2 of 2
STATE OF CALIFORNIA )
) S S.
COUNTY OF SAN DIEGO )
ON :::\"-1..;1, /7 19'70 BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC IN D F6R SAID STATE, PERSONALLY APPEARED WJ4ePEN H. ShnFE',e
KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE),
TO BE THE SECRETARY OF THE SAN DIEGUITO WATER DISTRICT AND KNOWN TO
ME TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF
SAID PUBLIC CORPORATION, AGENCY OR POLITICAL SUBDIVISION, AND
ACKNOWLEDGED TO ME THAT SUCH PUBLIC CORPORATION, AGENCY, OR POLITICAL
SUBDIVISION EXECUTED THE SAME.
SIGNATURE
HAND AND OFFICIAL SEAL.
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NAM (TYPED OR PRINTED)
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O;-;iCI.~L SEAL
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WITNESS MY
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On this 3d day of -:roJ..~ ' 1990 , before me
Bruce St. Gean, General Partner 0 Quail Gardens View, personally
appeared, known to me (or proved to me on the basis of satisfactory
evidence) to be one of the partners of the Partnership that executed
the within instrument, and acknowledged to me that such partnership
executed the same.
55.
Witness my hand and official seal.
~~....~e-?A'~-
. ...., Q"ICIALSE,I.L
1 ,j'~D;\. JOSEPHINE E, NEEB
t\J ,~~r!:~.'fi;.'. N[l1~,R\' PiJElIC.CAUFORNi~
!~~6:f_~i;:~W- pp;N~lm OF'iCt iN
\) ~:"~';;;.f: SM~ DIEGO COUNTY
L -'''''::,.;_ \~)' Ccmm:ss:on hp"e, ~aJ 26 : 994
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