1996-42344
1956
~c U 1996-0042344
29-JAH-1996 10:11 AM
OFFICIAL RECOROS
SAH OIEOO COUHTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECOROER
ms: 0.00
Recording Requested by:
San Dieguito Water District
)
)
)
)
)
)
, )
SPACE ABOVE FOR RECORDER'S USE
When Recorded Mail To:
San oieguito Water District
P.O. Box 231010
Encinitas. CA 92023-1010
AGREEIIl!NT TO IMPROVE DEVELOPIIl!NT - WATER FACILITIES
AGREEIIl!NT NO. A-0020
Assessor's Parcel
No. 259-131-31
THIS AGREEMENT is made and entered into this 15th day of November,
1995, by and between San Dieguito Water District, hereinafter
called District, and Jack D. Porter
322 Stafford Ave.
Cardiff. CA 92007
(Name and Address)
hereinafter called Owner, for property described in Exhibit lIA".
A. In the near future, Owner desires to install a water main or
mains and appurtenances to service its property.
B.
District will own and operate such facilities,
constructed in the manner set forth herein.
if
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 its 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 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's standard specifications and
any other plans or specifications referred to by this Agreement or
referred to in the attachments. (Exhibit "All: Exhibit liB":
Improvement Security: set aside Letter: and certificate of
Insurance, etc.)
2. owner agrees that the work shall be done by a Class "A'l
or "C-34" licensed contractor, and that the work shall be subject
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
1957
water facilities in the sum of Thirtv-five thousand. four hundred
sixty dollars and 70/100 ($35.460.70), 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 facilities
in accordance with the approved plans and specifications, and not
less than 35 days after the filing of a ltNotice 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" 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 upon execution of this
Agreement and prior to commencement of any work hereunder, the
amount of the cash deposit set forth in District Exhibit "B" for
engineering, construction inspection, right-of-way expenses,
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
2
1 -8
_J
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 Oieguito 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 (sepia
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'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:
a.) An oriqinal certificate of insurance naming the San
Dieguito Water District as certificate holder and additionally
3
1~j9
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 in the amount of 100% 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.
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
4
1960
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
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 established from time to time by the Board of Directors of San
Oieguito 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. Owner agrees to install water facilities as called for on
siqned improvement plans.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the day first above written.
SAN DIEGUITO WATER DISTRICT
OWNER/DEVELOPER
~~-
Lauren M. Wasserman
District Manager
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Pa.u.l :IRQ t.jp".l'4 Wllll~
-Jet<"1: f'brh"r
Agree/7-1-95
5
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
1961
No. 5907
State of <:::A
County of ~ 'D,.,f;;"{,.o
On
LLi".6"5
DATE
personally appeared
_ NAME(S)OFSIGNER(SI
o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that::fiQ;\he/they executed
the same in ~her/their authorized
capacity(ies), and that bydii81her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
!. ~L f
g. Nllt~n
u ~!!
I. ~1 J
WITNESS my hand and official seal.
~~ ~.--
SIGNATURE OF
OPTIONAL
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
~DIVIDUAL
[!] ~~RPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
vf7~.e." t-
TITLE OR TYPE OF DOCUMENT
TTTLE(S)
o PARTNERIS)
o LIMITED
o GENERAL
----
o ATTORNEY-iN-FACT
o TRUSTEEIS)
o GUARDIAN/CONSERVATOR
o OTHER
NUMBER OF PAGES
~
DATE OF DOCUMENT
-----
SIGNER IS REPRESENTlNG:
NAME OF PERSON(S) OR ENTITY(IESl
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P_O. Box 7184. Canoga Park, CA 91309-7184
1962
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1
THAT PORTION OF THE WEST HALF OF THE SOUTH HALF OF THE SOUTH HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING NORTHERLY
AND NORTHWESTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 14, DISTANT 40.50 FEET NORTHERLY FROM THE SOUTHWEST
CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 14, THENCE PARALLEL WITH THE SOUTHERLY
LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, SOUTH 89'47'16" EAST 62,00 FEET; THENCE NORTH
53'55'00" EAST, 205.76 FEET TO A POINT IN THE NORTHERLY LINE OF THE
SOUTH HALF OF THE SOUTH HALF OF THE WEST HALF OF SAID SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, DISTANT
THEREON 226.36 FEET EASTERLY FROM THE NORTHWEST QUARTER OF SAID
SOUTH HALF OF THE SOUTH HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER.
PARCEL 2:
THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP
13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
EXCEPTING THEREFROM THE SOUTH 40.50 FEET OF THE EAST 202.00 FEET
THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN DEED TO
THE COUNTY OF SAN DIEGO RECORDED AUGUST 31, 1967 AS FILE NO.
132579.
1963
EXHIBIT "B"
Project Name: Phoenix School
Date: October 30. 1995
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.)
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
of San Dieguito Water District.
ra:)Uiren>ents
6.
Developer to provide for construction
surveying for the proposed water facilities.
staking
and
7. Paul and Linda Wulle to install the water facilities.
Developer/Owner's Name listed in Paragraph 8.
8. INSTALLATIONS:
a.) 8" PVC Water Main 714 If $17.850.00
b.) Fire Hvdrant 2 ea $ 5.040.00
c.) Trench Resurfacinq 78 If $ 897.00
d.) 3/4" Water Meter 1 ea $ 560.00
e. ) 1" Water Meter 3 ea $ 1.680.00
f.) 2" Blowoff Assv. 2 ea $ 1.340.00
g.) 1" MAR 3 ea $ 3.780.00
h.) 2" Fire Service 1 ea $ 1.090.00
L) 10% Continqencv $ 3.223.70
Total Estimate: $ 35.460.70
9. IMPROVEMENT SECURITY:
a. ) Improvement of security, 100% $ 35.460.70
10. MISCELLANEOUS COSTS:
$ -O-
Il. CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY)
Account Number SDWD SDCWA
a.) 0431003010
b.) 0431004010
c. )
d.)
Total Capacity Credit:
$ 10.400.00
$ 2.000.00
$
$
$<12.400.00>
page 1 of 3
$ 7597.00
$ 1461. 00
$
$
$<9058.00>
2 II Meter
5/8" Meter
12. SDWD METER FEES:
a.) 3/4" Meter 1 ea
b.) 1" Meter 3 ea
c.)
d.)
e.)
Capacity Credit (Refer
Totals
13. SDCWA CAPACITY FEES:
a.) 3/4" Meter 1 ea
b.) 111 Meter 3 ea
c.)
d.)
e.)
Capacity Credit (Refer to
14. CAPACITY FEE: (FIRE)
a.) 2" Fire Conn. 1 ea
b.)
EXHIBIT "B"
1964
Installation Capacity
$ 160.00 $ 2.000.00
$ 630.00 $ 9.600.00
$ $
$ $
$ $
to No. 11 $<12.400.00>
$ 790.00 $ -0-
Total Meter Fees: $ 790.00 -
Capacity
$ 1.461.00
$ 7.014.00
$
$
$
No. 11) $<9.058.00>
Total Capacity Fees: $
-0-
-
$ 660.00
$
Total Capacity Fee: $ 660.00 *
$ 2.250.00 -
15. INSPECTION: (ESTIMATE DEPOSIT)
16. CONSERVATION OFFSET: (ESTIMATE DEPOSIT)
Gallons per Day x $ 5.08
a.)
b.)
c.)
d.)
$
$
$
$
Total Conservation Offset Deposit: $ N/A
17. DEPOSITS & FEES:
Engineering Fees
sown Meter Fees
SDCWA Capacity Fees
Fire Capacity Fees
Inspection Deposit
Conservation Offset Deposit
-
$ -0-
$ 790.00 **
$ -0- **
$ 660.00
$ 2.250.00
$ -0-
-TOTAL ESTIMATED DEPOSITS & FEES REQUIRED: $ 3.700.00 -
Page 2 of 3
EXHIBIT "BII
1965
18. **The above figures for Meter Installation and Capacity Fees
are those in existence at time of entering into this
"Agreement. II 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
"a", the above estimated deposits and fees must be revised and
are subject to the condition of agreement with San Dieguito
Water District.
2 L 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.
SAN DI
TO WATER DISTRICT
ACCEPTANCE
OWNER/~
Paul and Lil.da Wl"llle
,-,..,. l.k C?c..1 ~v
Laure M. Wasserman
District Manager
Page 3 of 3
E-B 07/01/95
1966
CALlFOR.Nlll ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of ell
County of ~ 'DJE(S.o
On /)- '3- )Q9s before me,
personally appeared
-:::S-1'9c. h
~/9.ek LAk~
NAME. TITLE OF OFFICER - E.G_. "JANE DOE, NOTARY PUBLIC.
>>.enFn.
,m
NAME{S)OFSIGNER(S)
o personally known to me - OR - J2'I1,roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me tha~he/they executed
the same in @her/their authorized
capacity(ies), and that by~her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
!. ~~l1lEES I
~' ~.~
I _ _ 2,1 I
WITNESS my hand and official seal.
~~~
OPTIONAL
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
~DIVIDUAL
CJ CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
~/'~~t;-
Till OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o L1MITEO
o GENERAL
--
D ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
-----
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON{S) OR ENlTT'I(IES)
-----
SIGNER(S) OTHER THAN NAMED ABOVE
iCl1993 NATIONAL NOTARY ASSOCIATION .8236 Remmel Ave., P.O. Box 7184 . Canoga Park, CA 91309-7184
)
)
)
Wnen Recorded Mail To: )
)
District Clerk )
San Dieguito Water District )
505 So. Vulcan Ave. )
Encinitas. CA 92024 )
NOTICE OF COMPLETION
Assessor's Parcel No. 259-131-31
Agreement No. A-0020
1. Jack Porter, did on the 15th day of November, 1995, enter into an "Agreement to Improve Water
Facilities" with the San Dieguito Water District recorded as File No. 1996-0042344. 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 and accepted by the San Dieguito Water District Board of
Directors on the 22nd day of May, 1994.
4. The name of the financial institution on the developer's Certificates of Deposits guaranteeing
construction of said water improvements is Bank of America N.T. & S.A.
5. Certificates of Deposit: $35,460.70. 50% ($17,730.00) was released on April 15, 1996. 25%
($8,865.00) is hereby released. The remaining 25% (8865.70) shall be released at the end of the one-year
warranty period.
6. All requirements of said Agreement have hereby been satisfied except for warranty.
7. 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:
SAN DlEGUITO WATER DISTRICT
PLEASE DO Nor SIGN
"EXIHDIT ONLY"
Clerk of the Board
f:\m.isc\notcomp.doc
5/9/96
,
CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: May 22, 1996
TO:
Board of Directors
POR YOUR RECORDS
From Ctly Clel1<
VIA:
Mauren M. Wassennan, District Manager
bbBob Nelson, Public Works Director
FROM:
SDWD Engineering & Planning Department
v6Victor Graves, Engineering and Planning Supervisor
,J'Bill O'Donnell, Water Utility Planner
c
SUBJECT: Consideration of the Acceptance of Public Water Improvements and Authorization
of District Manager to File <<Notice of Completion" for Phoenix School, 910
Encinitas Boulevard, APN 259-131-31.
ISSUE: Whether to accept public water improvements and authorize the District Manager to
file "Notice of Completion" for Phoenix School, 910 Encinitas Boulevard, APN 259-131-31.
BACKGROUND: On November 15, 1995, the San Dieguito Water District entered into an
"Agreement to Improve Water Facilities" (A-0020) with Jack Porter, owner of the property at 910
Encinitas Boulevard. The Agreement detailed the requirement 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% retention of security will be held for one year following the Notice to
cover guarantee and warranty.
FISCAL AND STAFF IMP ACT: Future expenses will be incurred for maintenance of the new
water improvements. Funds for maintenance are collected through the sale of water.
RECOMMENDATION: Accept the public water improvements and authorize the District
Manager to file ''Notice of Completion" for Phoenix School, 910 Encinitas Boulevard, APN 259-
131-31.
SAN DIEGU1TO WATER DISTRICT
WATER IMPROVEMENTS SECURITY OBLIGATION AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
?
That I/we
Principal, are held an rmly hound unto the San Dieguito Water District, an irrigation
district, in the City ofEncinitas, County of San Diego, State ofCalifomia, in the sum of
~.It' -rlca",~J ,~I,"_~,..J :":r"OL ($ 'O@.c,,5.oo )../
in t e form of c...---\'''L~~ ~~ L:l "fo<.
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.
4M
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. ....--
t\-oo').O
dated tJ"",---...I. "" is" \-''"'1.0;- a copy of which is attached hereto. to
provide certain improvem"ents for the property known as "P\..o.......;... .;."-~..,:) \
and is required by said agreement to give the District a seeurity to guarantee the
performance and completion of said improvements; NOW, THEREFORE, if the said
Principal sball well and truly perform all the work specified in said agreement, then this
obligation sball be null and void, otherwise to remain in full force and effect. In addition,
this security sbalI 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 will all provisions of
the ordinances and standards of the City ofEncinitas and San Dieguito Water District.
IN WITNES:; WHEREOF, the said Principal has hereunto set his hand, this 3J,cf
dayof J/"'''' .19 9L
Principal J
9/0
-,24/J~
fi
~~ 6-4-.:1
~~_ ,Lt< 7JJ.:W
Business Address I
g:\agree\secoblig.doc
12128/95
SAN DlEGUITO WATER DISTRICT
WATER IMPROVEMENTS SECURITY OBLIGA nON AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That I/we
Principal, are held anet-- hnly bound unto the San Dieguito Water District, an Imgation
district, in the City of ncinitas, County. of San Diego, State of California, in the sum of
f,MI~C4.<-.. ~"'soPv\..J S"t4~ I.\.J~J,-J -I'k..;.-~ ($ II.-r~o.~o )
in the form of c....."'...""o.1 ~ ~'- "Df-' i'
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.
tJ~
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-Ob1--0
.
dated t-Jo~___>t.-/ IS j t"'\....c;: a copy of which is attached hereto, to
provide certain improvements for the property known as ~t>..........',,,, St--k... \
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 Pennit including any condition
specifying a time limit; and further conditioned upon full compliance will all provisions of
the ordinances and standards of the City ofEncinitas and San Dieguito Water District.
IN WITNESS WHEREOF, the said Principal has hereunto set his hand, this .5rd'
day of ,"'" . . 19 ?{.
U
/~
')k~
Prinapal
{'Iv CV....:::t~ &~
;;/Ufj";j,, 5. (9
Business Address /
g:\agree\secoblig.doc
12128/95
SAN DIEGlilTO WATER DISTRICT
WATER IMPROVEMENTS SECURITY OBLIGATION AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That Vwe
Principal, are held an rmly bound unto the San Dieguito Water District, an irrigation
district, in the City of ncinitas, County of San Diego, State of California, in the sum of
E,[t'" -rIco",~J -'j-* I.,o_".j s,.~:) .c'oc ($ -ogc"s,oo )./
In t e form of Cc--rf,+;,-~.... ..2.c- U<-f"'~L
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 ahove-named Principal
has agreed pursuant to "Agreement to Improve Development-Water Facilities" No. ....---
l\-oc"}.O
dated tJOII...-..\.... 15 1.,'1-S- a copy of which is attached hereto, to
provide certain improvem'ents for the property known as ~.:I ~;" S,,-t...."'.:l \
and is required by said agreement to give the District a security to guarantee the
performance and completion of said improvements; NOW, 1lIEREFORE, if the said
Principal shall well and truly perform aU 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 Pennit including any condition
specifying a time limit~ and further conditioned upon full compliance will all provisions of
the ordinances and standards of the City of Encinitas and San Dieguito Water District.
IN WI~SS WHEREOF, the said Principal has hereunto set his hood, this
day of '<i-^' .19 '1{' .
5..&{
.~
()~
Principal
9/0 t:'~:./;:;~ e~
t'U;...h~ c.c,.
Business Address
g:\agree\secoblig.doc
12128/95
CITY OF ENCINITAS
SAN DIEGUlTO WATER DISTRICT
AGENDA REPORT
Meeting Date: November 15, 1995
TO: Board of Directors
VIA: -;:::J Lauren M. Wasserman, District Manager
~ Bob Nelson, Public Works Director
FROM: SDWD Engineering & Planning Department
~~Victor R. Graves, Water Engineer & Planning Supervisor
SUBJECT: Adoption of Resolution 95-15 Approving Grant of Water Easements From Jane &
Jack Porter, 910 Encinitas Bonlevard, APN 259-131-31.
ISSUE: Whether to accept grant of water easement from Jane and Jack Porter.
BACKGROUND: On August 17,1995, the City of Encinitas Planning Commission approved
the phased construction of a 15,300 square foot private elementary education facility on
Encinitas Boulevard. In order to comply with domestic and fire flow requirements, 714 feet of 8-
inch PVC 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 for future
pipeline repair and maintenance purposes.
FISCAL IMP ACT: Fiscal and staff impacts are recovered by the processing fee required for
easements.
RECOMMENDATION: Adopt Resolution 95-15 approving Grant of Water Easements from
Jane & Jack Porter, 910 Encinitas Boulevard, APN 259-131-31.
RESOLUTION NO. 95-15
RESOLUTION OF THE BOARD OF DIRECTORS OF
SAN DIEGUlTO WATER DISTRICT
ACCEPTING GRANT OF EASEMENT
(Jack D. Porter & Jane Carolyn Porter)
WHEREAS, a grant of easement to the District from Jack D. Porter and Jane
Carolyn Porter has been presented to the Board, a copy of which is attached; and
WHEREAS, it is in the interest of the District to accept said easement;
NOW THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
ORDERED by the Board of Directors of San Dieguito Water District as follows:
1. That said grant be and it is accepted.
2. That the Secretary of the District be and he is authorized and directed to
record the grant on behalf of the District.
PASSED AND ADOPTED at a special meeting of the Board of Directors of San
Dieguito Water District held on the 15th of November, 1995, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Directors Davis, Bond, Aspell, Hano & DuVivier
None
None
None
· f:2 .
~ >-,4u c~
.
John Davis, President
ATfES~
o 0i'CvL, -
Lauren M. Wasserman, Secretary ---------
CITY OF ENCINIT AS
SAN DlEGUlTO WATER DISTRICT
AGENDA REPORT
Meeting Date: November 15, 1995
TO:
Board of Directors
VIA:
~ Lauren M. Wasserman, District Manager
f:jo Bob Nelson, Public Works Director
FROM:
"" ~ SDWD Engineering & Planning Department
~Victor R. Graves, Watee Engineer & Planning Supervisor
SUBJECT: Authorization to Enter Into An "Agreement to Improve Development - Water
Facilities" With Jack Porter, Owner of the Property at 910 Encinitas
Boulevard, APN 259-131-31.
ISSUE: Whether to enter into an Agreement with Jack Porter for water improvements
required as a condition of a private elementary educational facility located on his property.
BACKGROUND: On August 17, 1995, the City of Encinitas Planning Commission approved
the phased construction of a 15,300 square foot private elementary educational facility on a 1.99
acre property on Encinitas Boulevard. The owner is in the process of complying with all the
necessary requirements and is prepared to enter into an agreement with the District.
ANALYSIS: In order to meet projected water requirements, 714 feet of new 8-inch pve 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 the owner to 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 IMP ACT: 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 Jack Porter, owner of property at 910 Encinitas
Boulevard, APN 259-131-31.