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1998-761710 (~ ,) J , I , .::1 '- ) ) RECORDING REQUES'TEn BY ) When Recorded Mail To: ) ) District Clerk ) San Dieguito Water District ) 505 So. Vulcan Ave. ) Encinitas. CA 92024 ) For the Benefit of the District DOC-~ 1998-0761710 NOV 24, ~998 8:24 AM IfFICI!il RECORDS SAIi DIEIiIJ ClJlmTY RECDFJIR'S IfFICE GRE60RY J. ~ITH, ~TY REClIRDER FEES: 0.00 / ,\ ,.," i" NOTICE OF COMPLETION Assessor's Parcel No. 258-420-04.05.11-14.17.25-39 Agreement No. A-0016 1. Miynki Ito, Trustee of the Ito Family Trust dated October 3, 1989, did on the 3rd day of June, 1994, enter into an "Agreement to Improve Water Facilities" with the San Dieguito Water District. The Agreement detailed the requirements for the construction and installation of certain water improvements. 2. Said Agreement, including the plans and specifications for said improvements, is on file in the Office of the Clerk of the Board of Directors. 3. Said improvements were completed by the current owner, Encinitas 23, LLC. and accepted by the San Dieguito Water District Board of Directors on the 26th day of August, 1998. 4. Subdivision Improvement Bond No. 38M 891 130 00 from American Motorists Insurance Company in the amount of $73,467.90 may be released at this time. The District will retain Miscellaneous Assigrnnent of Account No. 011-019021 from Imperial Bank in the amount of $24,489.30 which shall be released at the end of the one-year warranty period. 5. All requirements of said Agreement have hereby been satisfied except for warranty. 6. Neither acceptance of said improvements by the Board of Directors nor this Notice constitutes a waiver of any defects in the work of the construction or installation of said improvements. Dated ~'~I~qy SAN DlEGUITO WATER DISTRICT J;) ...1......., ~ rr....C [} Ulr~ Q......... Clerk of the Board f:\misclnotcomp7.doc I, Deborah Cervone, Clerk of the Board for the San Dieguito Water District, a political subdivision of the City of Encinitas, County of San Diego, State of California, which is the owner of the public work described within the Notice of Completion executed by said San Dieguito Water District, do hereby certify that I have read the same and know the contents thereof and that the facts therein stated are true to the best of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I make this verification for and on behalf of the San Dieguito Water District. Date: (;'1., ':11, ~q2 J ~(I~,^~O Deborah Cervone, Clerk of the Board STATE OF CALIFORNIA) ) ss COUDty of San Diego) U- On this ~ 7 day of (;';6/ , I9~ before me, the undersigned, a Notary Public in and for said State, ersonally appeared Deborah Cervone, personally known to me to be the person who executed tbe within instrument as Clerk of the Board of the San Dieguito Water District, and acknowledged to me that she executed it in behalf of tbe San Dieguito Water District pursuant to its by-laws or a resolution of the District. WITNESS my band and official seal. r:~.tl"~'~~'~~'~~'~i;lj~~;ttl ;;~ Comm.#1038151 g .o:~ NOTARYPUBl..JC..CAllFOAt-M : l~~~;i~~~t!';:~~'~:~ltt '~udtU~'YJzJL1-#L: Notary P lie I CITY OF ENCINITAS SAN DIEGillTO WATER DISTRICT AGENDA REPORT Meeting Date: August 26, 1998 TO: Board of Directors VIA: 'Aauren M. Wasserman, District Manager ~ Bob Nelson, Public Works Director ~R VOURRBlORDS eromCIlyCllllc FROM: SDwn Engineering & Planning Department .\~Victor Graves, Engineer and Planning Supervisor ~ill O'Donnell, Water Utility Planner SUBJECT: Consideration of Acceptance of Public Water Improvements and Authorization to File a "Notice of Completion" for a 23-Lot Subdivision Developed by Encinitas 23, LLC, Located Along Quail Gardens Drive, APNs 258-420-04, 05,11-14,17 & 25- 39. BACKGROUND: On September 22, 1993, the San Dieguito Water District entered into an "Agreement to Improve Water Facilities" (A-0016) with Miyuki lto, owner of property located along Quail Gardens Drive. The property was later sold to Encinitas 23, LLC. The Agreement detailed the requirements for the construction and installation of certain public water improvements. ANALYSIS: The water improvements were installed in accordance with District approved plans and specifications, under District inspection. District staff has no objections to filing the "Notice of Completion". A 25-percent retention of security will be held for one year following the Notice to cover guarantee and warranty. FISCAL AND STAFF IMPACT: Future expenses will be incurred for maintenance of the new water improvements. Funds to cover the cost of maintenance are collected through the sale of water. RECOMMENDATION: Accept public water improvements and authorize the District Manager to file a "Notice of Completion" for a 23-lot subdivision developed by Encinitas 23, LLC, located along Quail Gardens Drive, APNs 258-420-04, 05, 11-14, 17 & 25-39. AGREEMENT TO IMPROVE DEVELOPMENT - WATER FACILITIES AGREEMENT NO. A-0016 THIS AGREEMENT is made and entered into this ~ll~day of ~b~~ 1997, by and between San Dieguito Water District, hereinafter called District, and Encinitas 23 LLC 4365 Executive Dr.. Ste. 600 San Diego. CA 92121 (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 liB" on file at the office of District an 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 r s standard specifications and any other plans or specifications referred to by this Agreement or referred to in the attachments. (Exhibit HAil; Exhibit nBlI; Improvement Security; Set aside Letter; and Certificate of Insurance, etc.) 2. Owner agrees that the work shall be done by a Class "An or "C-34" licensed contractor, and that the work shall be subject 1 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 in the sum of Ninety-seven thousand. nine hundred fifty-seven and 20/100 dollars (S97.9S7.;~). Owner's obligation under this Agreement extends to the completion of 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 fa~ilities in accordance with the approved plans and specifications, and not less than 35 days after the filing of a 1rNotice 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 1111 plat of easements. The plat shall be a reproducible transparency with District's title block and shall fully locate and describe the easement. 5. Owner shall pay to District Agreement and prior to commencement of amount of the cash deposit set forth in engineering, construction inspection, upon execution of this any work hereunder, the District Exhibit "B" for right-of-way expenses, 2 materials furnished and for other District work and special charges. 6. Owner shall, at Owner's 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 facilities constructed by Owner 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 landscaping will result from full flow fire hydrant testing or from failure of District's water facilities. The developer and/or contractor shall submit a shutdown request to the San Dieguito Water District at least seven (7) 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 (Mylar conform with the work as constructed, the District. prints) , has been corrected submitted to to 8. The water facilities shall be operated by District in accordance with the rules and regulations of the District. Meter costs are not included in the estimated cost of water facilities and shall be paid by Owner, in accordance with District r 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. 3 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 Insurancetl indicating that the following coverage is in effect: a.) An ori9inal 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 of District, be liable for any portion of aforesaid work or for the payment of any furnished in connection therewith. officer or employee the expense of the labor or materials 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 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 4 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. 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 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 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, 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 5 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. The water meter fees including installation and capacity, are establitahed from time-to-time by the Board of Directors of San Dieguito Water District and San Diego County Water Authority. The developer will be required to conform to the installation and capacity fees, which are applicable on date of payment. Construction will not be allowed to commence until all water fees. have been received. 18. on siQ"ned Owner agrees to install improvement plans. water facilities as called for IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SAN DIEGUITO WATER DISTRICT OWNER Encini Agree,\07/01/93 6 Exhibit "A" PROPERTY DESCRIPTION P.4.?CEL .-:.; THE NORTHEP~Y 266.52 FEET OF THE FOLLOWING OESCRIBED PARCEL OF h'ND, TrlAT PORTION OF TdE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTNEAsT QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE MID MERIDIAN, IN ToE CITY OF ENCINITAS, COUNTY OF SJ>.N DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTmlEST QUARTER OF THE NORT:-lEMT QQ'RTER 'mICH IS DISTANT THEREON NORTH I" 10' sB" EAsT 4BO.00 FEE~ FROM THE SOUTH>'EST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHRAST QUARTER; THENCE ALONG SAID 'lEST LINE, NORTH 1" 10' 5." EAsT, S92.39 FEET, >lORE OR LESS, TO A POINT "'HICH IS SOUTH 1" 10' sa" WEST 26B.07 FEET FRm, THE NORTH QUARTER CORNER OF SAID SECTION 15; THENCE SOUTH ,.' 50' 29" EAsT, 651.21 FEET; THENCE SOUTH 2" 44' 10" 'lEST 266.60 FEET; THENCE SOUT'H 'B" 50' 29" EAsT TO THE EASTERLY LINE OF SAID WEST HALF OF THE NORTHWEST QuARTER OF THE NORTHEAsT QUA~TER; THENCE SOUTHERLY ALONG SAID EAsTERLY LINE TO A LINE ,mICH BEARS SOurd aB" 50' 29". EAsT FROM THE POINT OF BEGINNING; THENCE NORTH BO" 50' 29" WEST TD THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF COUNTY ROAD SURVEY NO. 373 A PLAT DF 'mICA IS ON FILE IN THE OFFICE OF THE COU>ITY SURVEYOR OF SAID COUNTY. PARCEL 2: ALL T;".'T PORTION OF THE "lEST P.ALF OF THE NORTH>IEST QUARTER OF THE NORTHEAST QuARTER OF SECTION 15, TOlmSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDmo BASE A>ID MERIDIAN, IN THE CITY OP ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFO~~IA, ACCORDING TO THE OFFICI>~ PL.::>o.T THEREOF, DESCRIBED AS FOLLOWS: 3EGI''HING AT THE NORTHWEST CORNER OF SAID NORTHEAST QuARTER OF SECTION 15; THENCE SOOTH l' 10' 58" WEST ALoNG THE WEST LINE OF SAID NORTHEAST QuARTER, 26B.07 FEET; THENCE SOUT'H 88" 50' 29" EAsT 651.21 FEET; THENCE NORTH 2' 44' 10" RAST 257.02 FEET TO THE NORTHEAsT CORNER OF SAID '<EST HALF OF THE NORTH'IEST QuARTER OF THE NORTHEAST QuARTER OF SAID SECTION; THENCE NORTH B7" 53' iG" ''/EST ALoNG THE NORTH LINE OF SAID SECTION 664.62 FEET TO. THE POI~IT OF BEGINNING. TF/02/COV2-288WP51 4(7/11//91_1) lOelSa. 1 JAN 90 9. EXHIBIT "B" Project Name: Ouai] Run TM 90-209 Date: 01/15/97 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.) Good and Sufficient Security (b.J 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. Encinitas 23 LLC to install the water facilities listed in Paragraph 8. 8. INSTALLATIONS, a.) 8" PVC Waterline b.) Laterals c.) Fire Hydrant d.) 8" Gatp- Valves e.) 4" Gate Valve f.) Trench Restoration g.) 4" PVC Waterline h.) 2" Blow Off i.l 1" Air Release Valve j.) 10% Contingencies If 523.900.00 ea 546.000.00 ea S 5.600.00 ea oS 4.920.00 ea 5 530.00 If 5 828.00 If S 3.124.00 ea S 1.630.00 ea S 2.520.00 S 8.905.20 Total Estimate:597.957.20 965 23 2 6 ] 72 142 1 2 IMPROVEMENT SECURITY, a.) Improvement of Security, 100% 597.957.20 1 ;i -., ;~- .--{ Iv':'1' $TD ~ ,--- ",--c /' ;;l,NC EXHIBIT liB" 10. MISCELLANEOUS COSTS, $ 11. CAPACITY CREDIT, (OFFSETS NEW CAPACITY FEES ONLY) a. ) -9" SDCWA I~ . $ :. 3:~. eo ,~> 5/8" meter $ -4. !5':1:l:S. DOl..( 1 1/2" meter > $<;6.eJ64.QO> (00,<10, - Installation Capacity ':'l; \ 'G,' - 9-uc:r<- __ 3/4" meters 23 ea $ 3.680.00 $ 46.000.00 Capacity Credit (Refer to No. 11) $< 8.000.00> .- c:. ~.. ~(J'_', Totals $ 3,680.00 $ 38,000.00 Total Meter Fees: $41.680.00* Account Number 0855497000 ,j~!~ $ )j b.) 0855496000/1";_/ $ 6.000.00 Total Capacity Credit: $<8.000.00 SIlNIl 2.000.00 12. SDWD METER FEES, a. ) 13. SDCWA CAPACITY FEES, Capacity a.) 3/4" meters 23 ea Capacity Credit (Refer ('J__i. 1'Sl::,~/ '1-".J' $ 34.868.00 to No. 11) $< 6.064.00> Total Capacity Fees: $ 28.804.00* 14. CAPACITY FEE, (FIRE) a. ) $ Total Capacity Fee: $ N/A - * 15. INSPECTION, (ESTIMATE DEPOSIT) $ PAID * 16. CONSERVATION OFFSET, (ESTIMATE Gallons per Day x $ 5.08 a. ) DEPOSIT) $ Offset Deposit: N/A Total Conservation $ 17. DEPOSITS & FEES: Engineering Fees SDWD Meter Fees SDCWA Capacity Fees Fire Capacity Fees Inspection Deposit Conservation Offset Deposit *TOTAL ESTIMATED DEPOSITS $ $ $ $ $ $ & FEES I tl-' r. "I' :..;~" ~)1(.1...-".,_~ "-/'.--~ :"--'".n- N~A.-IA..M -"I'LL {vt ~/...(-u (!,_,~I'l-'-./i.A-VJ..r-..<....,[, -0- 41.680.00** 28.804.00** -0- PAID -0- REQUIRED, . $ L -- 70.484.00* / 1" ... 'h . L,c~( / / ~.A.-/::._I" , ~ f 7'1.f:/{/ .----1.(s"-" ( "\ ( * 18. **The above figures for Meter Installation and Capacity Fees are those in existence at time of entering into this "Agreement." The actual fees that will be required are those meter fees that have been established at time of payment (Refer to Item #17 of Agreement to Improve Development Water Facilities) . 19. 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. 20. In the event the 90-day period elapses from date of Exhibit liB 11 , the above estimated deposits and fees must be revised and are subject to the condition of agreement with San Dieguito Water District. 21. Contractor is responsible for consumer side connection of proposed project meters. The District shall furnish consumer ball valves as part of Item 11. 22. 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. Lauren M. Wasserman District Manager ACCEPTANCE OWNER/Drv~ Encinitas 23 LLC SAN DIEGUITO WATER DISTRICT 3 SAN DIEGUITO WATER DISTRICT AGENDA REPORT MEETING DATE: SEPTEMBER 22. 1993 TO: VIA:~ Board of Directors FROM: arren H. Shafer, District Manager ob Nelson, Public Works Director oseph V. Palmer, Operations Manager , $DWO Engineer & Planning Department , Victor R. Graves, Engineer & Planning Supervisor DATE: September 15, 1993 SUBJECT: Authorization to Enter Into an I-Agreement to Improve Development - Water Facilities" with Miyuki Ita, Trustee of the Ita Family, for a 24-Unit Subdivision at 194 Quail Gardens Drive, APN 258-130-01 & 55. ISSUE: Whether to Trustee of required as enter into an Agreement with the Ita Family, for water a condition of this project. Miyuki Ita, improvements BACKGROUND: On August 15, 1991, the city of Encinitas Planning Commission approved a 24-unit tentative parcel map on Quail Gardens Drive. The owner is in the process of finalizing his map and is prepared to enter into an agreement with the District. ANALYSIS: In order to meet projected water requirements, 956 feet of new 8-inch P.V.C. water main, along with new services and appurtenances, are required to be installed to provide domestic and fire flow needs. The District's current work force is not geared to install projects of this size without creating hardships on normal operations. For this reason, the District has requested that the owner enter into an agreement with the District to provide a properly licensed contractor to install water improvements under District inspection. The District has been provided with the required information for this project. The owner agrees to bear all costs for improvements and abide by District rules, regulations and specifications. FISCAL IMPACT: The Agreement requires all services provided by the District to be paid by the owner. RECOMMENDATION: Authorize the District Manager to enter into an "Agreement to Improve Development - Water Facilities" with Miyuki Ito, Trustee of the Ito Family, for a 24-unit subdivision on Quail Gardens Drive, APN 258-130-01 & 55. SAN DIEGUITO WATER DISTRICT AGENDA REPORT MEETING DATE: SEPTEMBER 22. 1993 TO: Board of Directors VIA:~~warren H. Shafer, District Manager {' fjo Bob Nelson, Public Works Director j7 Joseph V. Palmer, Operations Manager~1 FROM: ~ ~SI?WD Engineer & Plann~ng Departmen~ Vlctor R. Graves, Englneer & Plann1ng Supervisor DATE: September 15, 1993 SUBJECT: Adoption of Resolution 93-16 Approving Grant of Water Easements from Miyuki Ita, Trustee of the Ita Family, on Quail Gardens Drive, APN 258-130-01 & 55. ISSUE: Whether to accept the grant of water easements from Miyuki Ita, Trustee of the Ita Family. BACKGROUND: Miyuki Ita received approval for a 24-unit tentative parcel map on Quail Gardens Drive. In order to comply with domestic and fire flow requirements, 965 feet of new a-inch P.V.C. water main, along with other appurtenances, will need to be installed. ANALYSIS: The San Dieguito Water District will be entering into an "Agreement to Improve Development - Water Facilities." In order to install water lines to meet design criteria, the owner has provided the District with easements for areas not within the Public Right of Way (Parcel liB"). In addition, there currently is an existing water line that runs along the westerly edge of the property which does not have an easement (Parcel "A"). The owner has agreed to provide the necessary easements for both the new proposed line and the existing line for future pipeline repair and maintenance purposes. FISCAL IMPACT: Fiscal and staff impacts are recovered by the processing fee required for easements. RECOMMENDATION: Adopt Resolution No. 93-16 approving grant of easements from Miyuki Ito, Trustee of the Ito Family, for water pipelines and appurtenances on Quail Gardens Drive, APN 258-130-01- 55. RESOLUTION NO. 93-16 RESOLUTION OF THE BOARD OF DIRECTORS OF SAN DIEGUITO WATER DISTRICT ACCEPTING GRANT OF EASEMENTs (Miyuki Ita, Trustee af Ita the Family) WHEREAS, a grant of easements to the District from MiYUki Ita, Trustee of the Ita Family, has been presented to the Board, a copy of which is attached as Exhibit "A"; and WHEREAS, it is in the interest of the District to accept said easements; NOW THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED by the Board of Directors of San Diegui to Water District as follows: 1. That said grants be and are accepted. 2. That the Secretary of the District be and he is authorized and directed to record the grants on behalf of the District. PASSED AND ADOPTED at a regular meeting of the Board of Directors of San Dieguito Water District held on the 22nd day of September, 1993, by the fOllowing vote: AYES: Directors Wiegand, Bond, Davis, DuVivier & Hano NOES: None ABSENT: None ABSTAIN: None ATTEST: IJrt14iLL 7J~r~ Maura Wiegand, President L\ ~ ~CL~-f-..\, ~ Warren H. Shafer, See etary