2000-478687RECORDING REQUESTED BY )
When Recorded Mail To: )
District Clerk )
San Dieguito Water District )
505 So. Vulcan Ave. )
Encinitas, CA 92024 l
For the Benefit of the District
Ve
1 n,~
2000-0478687
1:3EP 06. 2009- 3 -.1-4
RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
(,REGORY J. SMITH, COUNTY RECORDER
FEES= 0.00
NOTICE OF COMPLETION
F:." ii
Assessor's Parcel No. 256-330-48,49,50,51,53,54,55,56,58,59,60 Agreement No. A-0029
1. P.E. III Properties LLC and D.R. Horton San Diego No. 17 Inc., did on the 15th day of August,
1997, enter into a "Lien Covenant Regarding Real Property: Improvements Required as Condition on
Final Approval of Subdivision of Real Property" with the San Dieguito Water District. The Agreement
detailed the requirements for the construction and installation of 2,743 feet of 8" PVC water main, along
with new services and appurtenances, within the private roads known as Sweet Pea Place, Saxony Place,
Silver Berry Place, Bay Berry Place and Carmel Creeper Place in the City of Encinitas.
2. Said Covenant, 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 owners and accepted by the San Dieguito Water
District Board of Directors on the 23rd day of February, 2000.
4. Subdivision Bond No. 352465 from Seaboard Surety Company in the amount of $183,315.00 may
be released at this time. The District will retain Letter of Credit No. 940156 from Nationsbank in the
amount of $61,105.00, which shall be released at the end of the one-year warranty period.
5. All requirements of said Covenant have hereby been satisfied except for warranty.
6. Neither acceptance of said improvements by the Board of Directors nor this Notice constitute a
waiver of any defects in the work of the construction or installation of said improvements.
Dated: F, J,. y~
SAN DIEGUITO WATER DISTRICT
Clerk of the Board
f.\notice of completion\notcompl0.doc
I, Deborah Cervone, Clerk of 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.
Dater
o
Deborah Cervone, Board Clerk
STATE OF CALIFORNIA)
) ss
County of San Diego )
On this before me, the undersigned, a Notary
day of R h)'G4l-lt
Public in and for said State, personall appeared Deborah Cervone, personally known to
me to be the person who executed the within instrument as Board Clerk of the San Dieguito
Water District, and acknowledged to me that she executed it in behalf of the San Dieguito
Water District pursuant to its by-laws or a resolution of the Board.
WITNESS my hand and official seal.
OFFICIAL SEAL
RANDA G. MILLJOUR
NOTARY PUBLIC 20420 NIA
` COMM. NO. y
" SAN DIEGO COUNTY
a „ ..MY COMM. EXP. JAN. 6, 2003
/
Notary Public
CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: February 23, 2000
TO: Board of Directors FORYOURRMORDS
j FromCjYCIerk
VIA: Kerry L. Miller, District Martaa
Lin H. Wurbs, Interim Public or Director
FROM: SDWD Engineering & Planning Department
Bill O'Donnell, Water Utility Plann$0
SUBJECT: Consideration of Acceptance of Public Water Improvements and Authorization to
File a "Notice of Completion" for a Subdivision Developed by P.E. III Properties
LLC and D.R. Horton San Diego No. 17 Inc., Located at the South End of Saxony
Road (APNs 256-330-48,49,50,51,53,54,55,56,58,59,60).
BACKGROUND: On August 15, 1997, the San Dieguito Water District entered into a "Lien
Covenant Regarding Real Property: Improvements Required as Condition on Final Approval of
Subdivision of Real Property" with P.E. III Properties LLC and D.R. Horton San Diego No. 17
Inc. , owners of property located at the south end of Saxony Road. The Covenant 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% retention of security will be held for one year to cover warranty of
improvements.
FISCAL AND STAFF IMPACT: Future expenses will be incurred for maintenance of the new
water improvements. Funds to cover the cost of said 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 subdivision developed by P.E. III Properties LLC
and D.R. Horton San Diego No. 17 Inc., located at the south end of Saxony Road.
Recording requested by:
When Recorded Mail To:
District Clerk
San Dieguito Water District
505 S. Vulcan Avenue
Encinitas, CA 92024
Ij
T 11'
5~~ ~ a Y E fit' 5
SPACE ABOVE FOR RECORDER'S USE
LIEN COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
Assessor's Parcel
No. 256-330-42,43.44,45,46.47 Project No.:TM 96-170
W.O. No.: N/A
A. P.E. III Properties LLC a California Corporation and D R
Horton San Diego No. 17. Inc., a California Corporation ("SUBDIVIDER"
hereinafter) is the owner of real property which is commonly known as
APN 256-330-42,43.44,45,46.47 ("PROPERTY" hereinafter) and which is
described as follows:
See Attachment A which is attached hereto and
made a part hereof.
B. The tentative subdivision of the PROPERTY was approved with
the final approval subject to certain conditions requiring the
construction of improvements by SUBDIVIDER. SUBDIVIDER has applied
for final approval of the-- subdivision but has not constructed the
required improvements. In consideration of the final approval of the
subdivision of the PROPERTY by the San Dieguito Water District
g:sdwd\eng\forms\wstsxny.doc
r
("DISTRICT" hereinafter), SUBDIVIDER hereby covenants and agrees for
the benefit of DISTRICT, to do the following:
See Attachment B which is attached hereto and
made a part hereof.
C. This Covenant shall run with the land and be binding upon and
inure to the benefit of the future owners, encumbrances, successors,
heirs, personal representatives, transferees and assigns of the
respective parties.
D. SUBDIVIDER agrees that SUBDIVIDER's duties and obligations
under this Covenant are a lien upon the PROPERTY. Upon notice and
opportunity to respond, DISTRICT may add to the property tax bill of
the PROPERTY any past due financial obligation owing to DISTRICT by
way of this Covenant.
E. If either party is required to incur costs to enforce the
provisions of this Covenant, the prevailing party shall be entitled to
full reimbursement of all costs, including reasonable attorneys' fees,
from the other party.
F. Failure of SUBDIVIDER to comply with the terms of this
Covenant shall constitute consent to the filing by DISTRICT of a
Notice of Violation of Covenant.
g:sdwd\eng\forms\wstsxny.doc
G. Upon SUBDIVIDER's satisfactory completion of SUBDIVIDER's
duties and obligations contained herein, SUBDIVIDER may request and
DISTRICT shall execute a Satisfaction of Covenant.
H. By action of the Board of Directors, DISTRICT may assign to
a person or persons impacted by the performance of this Covenant, the
right to enforce this Covenant against SUBDIVIDER.
g:sdwd\eng\forms\wstsxny.doc
ACCEPTED AND AGREED.
SUBDIVIDER
Dated sUh~~c` 011:7- " ' ! ~
P.E. III Pro erties LL ,
a California Limited Liability Company
Dated =J' 414~- 7
D.R. Horton San Diego No. 17, Inc.,
a California Corporation
(Notarization of SUBDIVIDER signature is attached.)
SAN DIEGUITO WATER DISTRICT
Dated 4t S I g? b i~/l•
Lauren M. Wasserman
District Manager
(Notarization not required)
g:sdwd\eng\forms\wstsxny.doc
CALIFIIIIIIIII\IA ALL=IOvIR1040NE ACKMOWLEDGERAC\T
State of California }
} ss.
County of San Diego }
On 5 August 1997, before me, Joyce Mizock, Notary Public, personally
appeared Paul Ecke III, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity and that by his signature on the instrument the
person or the entity upon behalf of which the person acted, executed the
instrument.
JOYCE MIZOCK
Comm. * 1098783 n
NOTARY PUBLIC CALIFORNU
SAN DIEGO COUNTY
My Comm. tip. May 1, 20001
WITNESS my hand and official seal.
S NATURE OF NOTARY
CAPACITY CLAIMED BY SIGNER(S)
SIGNER 1 TITLE
Paul Ecke III Properties LLC, a California
Limited Liability Company
SIGNER 1 IS REPRESENTING
SIGNER 2TITLE
SIGNER 2 IS REPRESENTING
DESCRIPTION OF DOCUMENT
Lien Covenant Regarding Real Property
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
5'August' 1997
DATE OF DOCUMENT
D.R. Horton San Diego
San Dieguito Water District
SIGNERS OTHER THAN THOSE NAMED
CALIFORNIA ALL-PURP05r- ACKNOWLEDGMENT
State of
County of !~)CNO
Q
NOTARY PUBLIC-CALIFORNIA
COMM. NO. 1037715
SAN DIEGO COUNTY WITNESS my hand and official seal.
MY COMM. EXP. AUG. 31, 1498
ab2~X~S.91~1.tule.f Notary Public
On before me,
bate Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
Name(s) of Signer(s)
Xersonally 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 acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
OFFICIAL SEAL, or the entity upon behalf of which the person(s) acted,
fSTACIE ODNAHUE executed the instrument.
OPTIONAL
Though the information below is not required bylaw, 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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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
Signer's Name:
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner - ❑ Limited ❑ General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Top of thumb here
0 1 995 National Notary Association - 0235 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toff-Free 1.800-876-6827
r j
ATTACHMENT A
LEGAL DESCRIPTION
-PARCEL 1:
THOSE PORTIONS OF PARCELS A AND E OF CERTIFICATE OF COMPLIANCE, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1996 AS DOCUMENT
NO. 1996-0301072 OF OFFICIAL RECORDS, LYING WITHIN THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 10; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER NORTH 1°20'58" EAST, 40.00 FEET TO A
POINT IN A LINE THAT IS PARALLEL WITH AND 40.00 FEET NORTHERLY, MEASURED AT
RIGHT ANGLE, FROM THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
PARALLEL LINE NORTH 89010'55" WEST, 300.86 FEET; THENCE LEAVING SAID PARALLEL
LINE NORTH 00049'05" EAST, 154.00 FEET; THENCE SOUTH 89010'55" EAST, 264.05
FEET; THENCE NORTH 00049'05" EAST, 1.29 FEET TO A POINT ON A NON-TANGENT CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID
POINT BEARS SOUTH 00049'05" WEST; THENCE, NORTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 89003'06", A DISTANCE OF 31.08 FEET; THENCE NON-TANGENT TO
SAID CURVE AND RADIALLY FROM SAID CURVE SOUTH 88014'01" EAST, 18.43 FEET TO
SAID EASTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE
ALONG SAID EASTERLY LINE SOUTH 01020'58" WEST, 174.66 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2:
THOSE PORTIONS OF PARCELS A, B, C AND E OF CERTIFICATE OF COMPLIANCE, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1996 AS
DOCUMENT NO. 1996-0301072 OF OFFICIAL RECORDS, LYING WITHIN THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 10; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER NORTH 1020'58" EAST, 40.00 FEET TO A
POINT IN A LINE THAT IS PARALLEL WITH AND 40.00 FEET NORTHERLY, MEASURED AT
RIGHT ANGLE, FROM THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89010'55" WEST, 300.86 FEET TO
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID PARALLEL LINE NORTH 00049'05"
EAST, 154.00 FEET; THENCE NORTH 89010'55" WEST, 139.69 FEET TO A TANGENT CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 44.00 FEET; THENCE SOUTHWESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 88005'31", A DISTANCE OF 67.65
FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH 68043'15" WEST, 36.29 FEET TO A
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 76.00 FEET; THENCE
WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15007'05", A DISTANCE OF
20.05 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 286.00 FEET, A RADIAL LINE TO.SAID CURVE BEARS NORTH 06009140" EAST;
1
ATTACHMENT A
LEGAL DESCRIPTION
l
THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13032'40", A
DISTANCE OF 67.61 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 82037'00" WEST,
54.89 FEET TO A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 214.00
FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02032'2411, A
DISTANCE OF OF 9.49 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 20038'45"
EAST, 126.75 FEET TO A POINT IN SAID LINE THAT IS PARALLEL WITH AND 40.00 FEET
NORTHERLY, MEASURED AT A RIGHT ANGLE, FROM THE SOUTHERLY LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER, SAID POINT BEING DISTANT NORTH 89°10'55"
WEST, 622.81 FEET ALONG SAID LINE FROM SAID EASTERLY LINE OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID PARALLEL LINE SOUTH
89010'55" EAST, 321.95 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
THOSE PORTIONS OF PARCELS,B, C, D AND E OF CERTIFICATE OF COMPLIANCE, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1996 AS
DOCUMENT NO. 1996-0301072 OF OFFICIAL RECORDS, LYING WITHIN THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE.SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 10; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER NORTH 1020'58" EAST, 40.00 FEET TO A
POINT IN A LINE THAT IS PARALLEL WITH AND 40.00 FEET NORTHERLY, MEASURED AT
RIGHT ANGLE, FROM THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89010'55" WEST, 300.86.FEET;
THENCE LEAVING SAID LINE,NORTH 00049'05" EAST, 154.00 FEET; THENCE NORTH
89010'55" WEST, 139.69 FEET TO A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 44.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 50059'10", A DISTANCE OF 39.15 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
37006'21", A DISTANCE OF 28.50 FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH
68043'15" WEST, 36.29 FEET TO A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 76.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 15007'05", A DISTANCE OF 20.05 FEET TO THE BEGINNING OF A COMPOUND CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 286.00 FEET-, A RADIAL LINE TO SAID CURVE
BEARS NORTH 06009'40" EAST; THENCE WESTERLY ALONG SAID CURVE,' THROUGH A CENTRAL
ANGLE OF 13032'40", A DISTANCE OF 67.61 FEET; THENCE TANGENT TO SAID CURVE,
SOUTH 82037'00" WEST, 54.89 FEET TO A TANGENT CURVE, CONCAVE NORTHERLY, HAVING
A RADIUS OF 214.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 02032'24", A DISTANCE OF 9.49 FEET; THENCE NON-TANGENT TO SAID CURVE
SOUTH 20038'45" EAST, 126.75 FEET TO A POINT IN SAID LINE THAT IS PARALLEL WITH
AND-40.00 FEET NORTHERLY, MEASURED AT A RIGHT ANGLE, FROM THE SOUTHERLY LINE OF
SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SAID POINT BEING DISTANT NORTH
89010'55" WEST, 622.81 FEET ALONG SAID LINE FROM SAID EASTERLY LINE OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID PARALLEL LINE
NORTH 89010'55" WEST, 27.22 FEET; THENCE SOUTH 01020'58" WEST, 40.00 FEET TO A
POINT IN SAID SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE ALONG SAID SOUTHERLY LINE NORTH 89010155" WEST, 266.81 FEET TO
2
ATTACHMENT A
THE EASTERLY RIGHT OF WAY OF INTERSTATE FREEWAY 5 AS DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA, RECORDED AUGUST 30, 1962 AS FILE NO. 149821 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY NORTH 20008'49"
WEST, 251.03 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 02018'58"
WEST, 50.64 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 87036'51" EAST, 196.03
FEET; THENCE SOUTH 03045'00" EAST, 51.21 FEET; THENCE SOUTH 08025'14" EAST,
36.11 FEET; THENCE SOUTH 84053'00" EAST, 100.00 FEET TO A TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 186.00 FEET; THENCE EASTERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 12030'00", A DISTANCE OF 40.58 FEET; THENCE
TANGENT TO SAID CURVE, NORTH 82037'00" EAST, 54.89 FEET TO A TANGENT CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 314.00 FEET; THENCE EASTERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 13032'40", A DISTANCE OF 74.23 FEET TO A
COMPOUND CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 104.00 FEET; THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15007'05" A DISTANCE OF
27.44 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 68043115" EAST, 36.29 FEET TO
THE TRUE POINT OF BEGINNING.
PARCEL 4:
THOSE PORTIONS OF PARCELS D AND E OF CERTIFICATE OF COMPLIANCE FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1996 AS DOCUMENT
NO. 1996-0301072 OF OFFICIAL RECORDS, LYING WITHIN THE NORTHWEST QUARTER OF THE.
SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 10; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER NORTH 1°20'58" EAST, 40.00 FEET TO A
POINT IN A LINE THAT IS PARALLEL WITH AND 40.00 FEET NORTHERLY, MEASURED AT
RIGHT ANGLE, FROM THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89010155" WEST, 650.03 FEET;
THENCE LEAVING SAID PARALLEL LINE SOUTH 01020'58" WEST, 40.00 FEET TO A POINT
IN SAID SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89010'55" WEST, 266.81 FEET TO THE
EASTERLY RIGHT OF WAY OF INTERSTATE FREEWAY 5 AS DESCRIBED IN DEED TO THE STATE
OF CALIFORNIA, RECORDED AUGUST 30, 1962 AS FILE NO. 149821 OF OFFICIAL RECORDS
OF SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY NORTH 20008'49" WEST,
251.03 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 02°18'58" WEST,
50.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT
OF WAY NORTH 02018'58" WEST, 67.12 FEET TO THE SOUTHERLY BOUNDARY OF THAT LAND
CONVEYED TO T. WEBER AND LYDIA WEBER BY DEED DATED JUNE 19, 1929 AND RECORDED
IN BOOK 1650, PAGE 424 OF DEEDS; THENCE LEAVING SAID RIGHT OF WAY ALONG SAID
SOUTHERLY WEBER BOUNDARY NORTH 41048'01" EAST, 6.43 FEET TO THE SOUTHEASTERLY
BOUNDARY OF SAID WEBER'S LAND; THENCE LEAVING SAID SOUTHERLY BOUNDARY ON LINE
WITH THE MOST SOUTHERLY CORNER OF THAT LAND CONVEYED TO HERBERT G. STEWART BY
DEED DATED APRIL 16, 1929 AND RECORDED IN BOOK 1616, PAGE 349 OF DEEDS NORTH
36018'39" EAST, 520.45 FEET TO SAID MOST SOUTHERLY CORNER; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID STEWART'S LAND NORTH 60046'20" EAST, 63.33 FEET TO
THE WESTERLY LINE OF THAT LAND CONVEYED TO LESTER H. SMITH AND KATHERINE A.
SMITH BY DEED DATED MAY 3, 1930, AND.RECORDED IN BOOK 1772, PAGE 150 OF DEEDS;
3
ATTACHMENT A
THENCE ALONG THE WESTERLY LINE OF SAID SMITH'S LAND SOUTH 01034'05" WEST, 98.35
FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 88025'55" WEST, 26.37 FEET;
THENCE SOUTH 36035'00" WEST, 73.18 FEET; THENCE SOUTH 31026'57"WEST, 47.32 FEET;
THENCE SOUTH 43030'00" WEST, 50.00 FEET; THENCE SOUTH 31020'00" WEST, 83.00
FEET; THENCE SOUTH, 138.50 FEET; THENCE SOUTH 03045'00" EAST, 88.12 FEET TO A
POINT THAT BEARS SOUTH 87036'51" EAST, 196.03 FEET FROM THE TRUE POINT OF
BEGINNING AS DESCRIBED HEREIN; THENCE NORTH 87036'51" WEST, 196.03 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 5:
THOSE PORTIONS OF PARCELS B, C, D AND E OF CERTIFICATE OF COMPLIANCE, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1996 AS
DOCUMENT NO. 1996-0301072 OF OFFICIAL RECORDS, LYING WITHIN THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS,"COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 10; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER NORTH 1020'58" EAST, 40.00 FEET TO A
POINT IN A LINE THAT IS PARALLEL WITH AND 40.00 FEET NORTHERLY, MEASURED AT
RIGHT ANGLE, FROM THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89010'55" WEST, 300.86 FEET TO
POINT "X" OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH
89010'55" WEST, 349.17 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 01020'58"
WEST, 40.00 FEET TO A POINT IN SAID SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER, THENCE ALONG SAID SOUTHERLY LINE NORTH 89010'55" WEST,
266.81 FEET TO THE EASTERLY RIGHT OF WAY OF INTERSTATE FREEWAY 5 AS DESCRIBED
IN DEED TO THE STATE OF CALIFORNIA, RECORDED,AUGUST 30, 1962 AS FILE NO. 149821
OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY
NORTH 20008'49" WEST, 251.03 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY
NORTH 02018'58" WEST, 50.64 FEET TO POINT "Y" OF THIS DESCRIPTION; THENCE
CONTINUING ALONG SAID RIGHT OF WAY NORTH 02018'58" WEST, 67.12 FEET TO THE
SOUTHERLY BOUNDARY OF THAT LAND CONVEYED TO T. WEBER AND LYDIA WEBER BY DEED
DATED JUNE 19, 1929 AND RECORDED IN BOOK 1650, PAGE 424 OF DEEDS; THENCE
LEAVING SAID RIGHT OF WAY ALONG SAID SOUTHERLY WEBER BOUNDARY NORTH 41048'01"
EAST, 6.43 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID WEBER'S LAND; THENCE
LEAVING SAID SOUTHERLY BOUNDARY ON LINE WITH THE MOST SOUTHERLY CORNER OF THAT
LAND CONVEYED TO HERBERT G. STEWART BY DEED DATED APRIL 16, 1929, AND RECORDED
IN BOOK 1616, PAGE 349 OF DEEDS; NORTH 36018'39" EAST, 520.45 FEET TO SAID MOST
SOUTHERLY CORNER; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID STEWART'S LAND
NORTH 60046'20" EAST, 63.33 FEET TO THE WESTERLY LINE OF THAT LAND CONVEYED TO
LESTER H. SMITH AND KATHERINE A. SMITH BY DEED DATED MAY 3, 1930, AND RECORDED
IN BOOK 1772, PAGE 150 OF DEEDS; THENCE ALONG THE WESTERLY LINE OF SAID
SMITH'S LAND SOUTH 01034'05" WEST, 98.35 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY LINE NORTH 88025'55" WEST, 26.37 FEET; THENCE
SOUTH 36035'00" WEST, 73.18 FEET; THENCE SOUTH 31026'57" WEST, 47.32 FEET;
THENCE SOUTH 43030'00" WEST, 50.00 FEET; THENCE SOUTH 31020'00" WEST, 83.00
FEET; THENCE SOUTH, 138.50 FEET; THENCE SOUTH 03045'00" EAST, 88.12 FEET TO A
4
ATTACHMENT A
-POINT THAT BEARS SOUTH 87036'51" EAST, 196.03 FEET FROM POINT "Y" AS DESCRIBED
HEREIN; THENCE CONTINUING SOUTH 03045'00" EAST, 51.21 FEET; THENCE SOUTH
08025'14" EAST, 36.11 FEET; THENCE SOUTH 84053'00" EAST, 100.00 FEET TO A
TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 186.00 FEET; THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12030'00", A DISTANCE OF
40.58 FEET; THENCE TANGENT TO SAID CURVE, NORTH 82037'00" EAST, 54.89 FEET TO A
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 314.00 FEET; THENCE
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13032'40", A DISTANCE OF
74.23 FEET TO A COMPOUND CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 104.00
FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15007'05" A
DISTANCE OF 27.44 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 68043'15" EAST,
36.29 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 44.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 50010'05" WEST;
THENCE, NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 50°59'10", A
DISTANCE OF 39.15 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89010'55" EAST,
139.69 FEET TO A POINT THAT BEARS NORTH 0049'05" EAST, 154.00 FEET FROM POINT
"X" AS DESCRIBED HEREIN; THENCE CONTINUING SOUTH 89010155" EAST, 264.05 FEET;
THENCE NORTH 00049'05" EAST, 1.29 FEET TO A POINT ON A NON-TANGENT CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20.00 FEET; A RADIAL LINE TO SAID
POINT BEARS SOUTH 00049'05" WEST; THENCE, NORTHEASTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 89003'06", A DISTANCE OF 31.08 FEET; THENCE
NON-TANGENT TO SAID CURVE AND RADIALLY FROM SAID CURVE, SOUTH 88014'01" EAST,
18.43 FEET TO A POINT IN THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER; THENCE ALONG SAID EASTERLY LINE NORTH 01020'58" EAST, 445.34
FEET TO THE SOUTHERLY LINE OF SAID LAND CONVEYED TO SMITH; THENCE ALONG SAID
SOUTHERLY LINE NORTH 89010'55" WEST, 660.00 FEET TO THE WESTERLY LINE OF SAID
SMITH LAND; THENCE ALONG SAID WESTERLY LINE NORTH 01034'05" EAST, 54.00 FEET TO
THE TRUE POINT OF BEGINNING.
PARCEL 5A:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURPOSES TO PROVIDE EMERGENCY
ACCESS TO THE PROPERTY AS REQUIRED BY THE CITY OF ENCINITAS, OVER, UNDER, ALONG
AND ACROSS THOSE PORTIONS OF PARCELS A, B, C, D AND E OF CERTIFICATE OF
COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE
17, 1996 AS DOCUMENT NO. 1996-0301072 OF OFFICIAL RECORDS, LYING WITHIN THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 10; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER NORTH 1020'58" EAST, 660.00 FEET TO
A POINT ON THE SOUTH LINE OF THAT LAND CONVEYED TO LESTER H. SMITH AND
KATHERINE A. SMITH BY DEED DATED MAY 3, 1930, AND RECORDED.IN BOOK 1772, PAGE
150 OF DEEDS; THENCE RETRACING SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH
1020'58"WEST, 445,34 FEET; THENCE NORTH 88014'01" WEST, 13.53 FEET TO A POINT ON
THE WESTERLY LINE OF SAXONY ROAD AS GRANTED FOR PUBLIC ROAD PURPOSES BY
DOCUMENT RECORDED SEPTEMBER 23, 1936 IN BOOK 571, PAGE 570, PAGES 248 AND 204
OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING;
5
ATTACHMENT A
1. THENCE CONTINUING THENCE NORTH 88°14'01'! WEST, 4.90 FEET TO A NON-TANGENT
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20-.00 FEET;
2. THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89003'06"
A DISTANCE OF 31.08 FEET.
3. THENCE NON-TANGENT TO SAID CURVE, SOUTH 00049'05" WEST, 1.29 FEET;
4. THENCE NORTH 89010'55" WEST, 403.74 FEET TO A TANGENT CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 44.00 FEET;
5. THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 50059'10", A
DISTANCE OF 39.15 FEET;
6. THENCE NON-TANGENT TO SAID CURVE, NORTH 68043'15" WEST, 36.29 FEET TO A
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 104.00 FEET;
7. THENCE WESTERLY ALONG SAID CURVE; THROUGH A CENTRAL ANGLE OF 15007'05", A
DISTANCE OF 27.44 FEET TO A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A,RADIUS
OF 314.00 FEET;
8. THENCE WESTERLY ALONG SAID.CURVE THROUGH A CENTRAL ANGLE OF 13032'40" A
DISTANCE OF 74.23 FEET;
9. THENCE TANGENT TO SAID CURVE, SOUTH 82037'00" WEST, 54.89 FEET TO A TANGENT
CURVE, CONCAVE;NORTHERLY, HAVING A RADIUS OF 186.00 FEET;
10. THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12030'00" A
DISTANCE OF 40.58 FEET;
11. THENCE TANGENT TO SAID CURVE, NORTH 84053'00" WEST, 130.36 FEET;
12. THENCE NORTH 06048'48" WEST; 86.05 FEET TO A POINT ON THE SOUTH LINE OF THE
"PARK EASEMENT" DESCRIBED IN EXHIBIT "C" AS DESCRIBED IN RECITALS OF THIS
DOCUMENT;
13. THENCE ALONG SAID SOUTH LINE NORTH 87036'51" WEST, 24.31 FEET;
14. THENCE LEAVING SAID SOUTH LINE ALONG A LINE THAT IS PARALLEL WITH AND 24.00
FEET SOUTHWESTERLY AS MEASURED AT RIGHT ANGLES TO THE ABOVE DESCRIBED COURSE
NO. 12, SOUTH 06048'48" EAST, 113.48 FEET;
15. THENCE ALONG A LINE THAT IS PARALLEL WITH AND 28.00 FEET SOUTHERLY AS
MEASURED AT RIGHT ANGLES TO THE ABOVE DESCRIBED COURSE NO. 11, SOUTH 84053100"
EAST, 148.98 FEET TO A TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF
214.00 FEET.
A
16. THENCE EASTERLY ALONG SAID CURVE AND CONCENTRIC WITH THE ABOVE DESCRIBED
COURSE NO. 10, THROUGH A CENTRAL ANGLE OF 12030'00" A DISTANCE OF 46.69 FEET;
6
I,
ATTACHMENT A
-17. THENCE TANGENT TO SAID CURVE ALONG ALINE THAT IS PARALLEL WITH AND 28.00
FEET SOUTHERLY AS MEASURED AT RIGHT ANGLES TO THE ABOVE DESCRIBED COURSE NO. 9,
NORTH 82037'00" EAST, 54.89 FEET TO A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING
A RADIUS OF 286.00 FEET;
18. THENCE EASTERLY ALONG SAID CURVE AND CONCENTRIC WITH THE ABOVE DESCRIBED
COURSE NO. 8, THROUGH A CENTRAL ANGLE OF 13032'40" A DISTANCE OF 67.61 FEET TO
A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 76.00 FEET.
19. THENCE EASTERLY ALONG SAID CURVE AND CONCENTRIC WITH THE ABOVE DESCRIBED
COURSE NO. 7, THROUGH A CENTRAL ANGLE OF 15007'05" A DISTANCE OF 20.05 FEET;
20. THENCE TANGENT TO SAID CURVE ALONG A LINE THAT IS PARALLEL WITH AND 28.00
FEET SOUTHERLY AS MEASURED AT RIGHT ANGLES TO THE ABOVE DESCRIBED COURSE NO. 6,
SOUTH 68043'15" EAST, 36.29 FEET TO A POINT ON THE NON-TANGENT CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 44.00 FEET AND SHARING A COMMON RADIUS POINT WITH
THE CURVE DESCRIBED IN ABOVE DESCRIBED COURSE NO. 5, A RADIAL LINE TO SAID
POINT BEARS NORTH 87016'26" WEST;
21. THENCE, SOUTHEASTERLY AND NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 159053'01" A DISTANCE OF OF 122.78 FEET TO A TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET;
22. THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67058'32"
A DISTANCE OF 23.73 FEET;
23. THENCE TANGENT TO SAID CURVE ALONG A LINE THAT IS PARALLEL WITH AND 48.00
FEET SOUTHERLY AS MEASURED AT RIGHT ANGLES TO THE ABOVE DESCRIBED COURSE NO. 4,
SOUTH 89010'55" EAST, 351.14 FEET;
24. THENCE SOUTH 39025'49" EAST, 18.42 FEET;
25. THENCE NORTH 88013'07" EAST, 4.88 FEET TO A POINT ON THE WESTERLY LINE OF
SAXONY ROAD;
26. THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 01046'53" EAST, 83.02 FEET
TO THE TRUE POINT OF BEGINNING.
PARCEL 5B:
AN EXCLUSIVE EASEMENT FOR PARK PURPOSES OVER THAT CERTAIN PORTION OF PARCELS D
AND E OF CERTIFICATE OF COMPLIANCE, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, JUNE 17, 1996 AS AS DOCUMENT NO. 1996-0301072 OF OFFICIAL
RECORDS, LYING WITHIN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 10; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER NORTH 1020'58" EAST, 40.00 FEET TO A
7
ATTACHMENT A
-POINT IN A LINE THAT IS PARALLEL WITH AND 40.00 FEET NORTHERLY, MEASURED AT
RIGHT ANGLE, FROM THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89010'55" WEST, 650.03 FEET;
THENCE LEAVING SAID PARALLEL LINE SOUTH 01020'58" WEST, 40.00 FEET TO A POINT
IN SAID SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89010'55" WEST, 266.81 FEET TO THE
EASTERLY RIGHT OF WAY OF INTERSTATE FREEWAY 5 AS DESCRIBED IN DEED TO THE STATE
OF CALIFORNIA, RECORDED AUGUST 30, 1962 AS FILE NO. 149821 OF OFFICIAL RECORDS
OF SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY NORTH 20008'49" WEST,
251.03 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 02018'58" WEST,
50.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT
OF WAY NORTH 02018'58" WEST, 67.12 FEET TO THE SOUTHERLY BOUNDARY OF THAT LAND
CONVEYED TO T. WEBER AND LYDIA WEBER BY DEED DATED JUNE 19, 1929 AND RECORDED
IN BOOK 1650, PAGE 424 OF DEEDS; THENCE LEAVING SAID RIGHT OF WAY ALONG SAID
SOUTHERLY WEBER BOUNDARY NORTH 41048'01" EAST, 6.43 FEET TO THE SOUTHEASTERLY
BOUNDARY OF SAID WEBER'S LAND; THENCE LEAVING SAID SOUTHERLY BOUNDARY ON LINE
WITH THE MOST SOUTHERLY CORNER OF THAT LAND CONVEYED TO.HERBERT G. STEWART BY
DEED DATED APRIL 16, 1929 AND RECORDED IN BOOK 1616, PAGE 349 OF DEEDS NORTH
36018'39" EAST, 520.45 FEET TO SAID MOST SOUTHERLY CORNER; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID STEWART'S LAND NORTH 60046'20" EAST, 63.33 FEET TO
THE WESTERLY LINE OF THAT LAND CONVEYED TO LESTER H. SMITH AND KATHERINE A.
SMITH BY DEED DATED MAY 3, 1930 AND RECORDED IN BOOK 1772, PAGE 150 OF DEEDS;
THENCE ALONG THE WESTERLY LINE OF SAID SMITH'S LAND SOUTH 01034'05" WEST, 98.35
FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 88025155" WEST, 26.37 FEET;
THENCE SOUTH 36035'00" WEST, 73.18 FEET; THENCE SOUTH 31026'57" WEST, 47.32
FEET; THENCE SOUTH 43030'00" WEST, 50.00 FEET; THENCE SOUTH 31020'00" WEST,
83.00 FEET; THENCE SOUTH, 138.50 FEET; THENCE SOUTH 03045'00" EAST, 88.12 FEET
TO A POINT THAT BEARS SOUTH 87036'51" EAST, 196.03 FEET FROM THE TRUE POINT OF
BEGINNING AS DESCRIBED HEREIN; THENCE NORTH 87036'51" WEST, 196.03 FEET TO THE
TRUE POINT OF BEGINNING
PARCEL 5C:
AN EASEMENT FOR INGRESS AND EGRESS AND ACCESS BY MAINTENANCE VEHICLES TO THE
PARK SITE ON, OVER, THROUGH AND ACROSS THOSE PORTIONS OF PARCELS A, B, C, D AND
E OF CERTIFICATE OF COMPLIANCE, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JUNE 17, 1996 AS DOCUMENT NO. 1996-0301072 OF OFFICIAL
RECORDS, LYING WITHIN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SECTION 10; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER NORTH 1020'58" EAST, 660.00 FEET TO
A POINT ON THE SOUTH LINE OF THAT LAND CONVEYED TO LESTER H. SMITH AND
KATHERINE A. SMITH BY DEED DATED MAY 3, 1930, AND RECORDED IN BOOK 1772, PAGE
150 OF DEEDS; THENCE RETRACING SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH
1020'58" WEST, 445.34 FEET; THENCE NORTH 88014'01" WEST, 13.53 FEET TO A POINT
ON THE WESTERLY LINE OF SAXONY ROAD AS GRANTED FOR PUBLIC ROAD PURPOSES BY
DOCUMENT RECORDED SEPTEMBER 23, 1936 IN BOOK 571, PAGE 570, PAGES 248 AND 204
8
ATTACHMENT A
-OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING
1. THENCE CONTINUING THENCE NORTH 88014'01" WEST, 4.90 FEET TO A NON-TANGENT`
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20.00 FEET;
2. THENCE SOUTHWESTERLY ALONG.SAID CURVE, THROUGH A CENTRAL ANGLE OF 89003'06"
A DISTANCE OF 31.08 FT;
3. THENCE NON-TANGENT TO SAID CURVE, SOUTH 00049'05" WEST, 1.29 FEET;
4. THENCE NORTH 89010'55" WEST, 403.74 FEET TO A TANGENT CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 44.00 FEET;
5. THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 50°59'10", A
DISTANCE OF 39.15 FEET;
6. THENCE NON-TANGENT TO SAID CURVE, NORTH 68043'15" WEST, 36.29 FEET TO A
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 104.00 FEET;
7. THENCE'WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15007'05", A
DISTANCE OF 27.44 FEET TO A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS
OF 314.00 FEET;
8. THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13032'40" A
DISTANCE OF 74.23 FEET;
9. THENCE TANGENT TO SAID CURVE, SOUTH 82037'00" WEST, 54.89 FEET TO A TANGENT
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 186.00 FEET;
10. THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°30'00", A
DISTANCE OF 40.58 FEET; i
11. THENCE TANGENT TO SAID CURVE, NORTH 84053'00" WEST, 130.36 FEET;
12. THENCE NORTH 06048'48" WEST, 86.05 FEET TO A POINT ON THE SOUTH LINE OF THE
"PARK EASEMENT" DESCRIBED IN EXHIBIT "C" AS DESCRIBED IN THE RECITALS OF THIS
DOCUMENT.
13. THENCE ALONG SAID SOUTH LINE, NORTH 87036'51" WEST, 24.31 FEET;
14. THENCE LEAVING SAID SOUTH LINE ALONG A LINE THAT IS PARALLEL WITH AND 24.00
FEET SOUTHWESTERLY AS MEASURED AT RIGHT ANGLES TO THE ABOVE DESCRIBED COURSE
NO. 12, SOUTH 06048'48" EAST, 113.48 FEET;
15. THENCE ALONG A LINE THAT IS PARALLEL WITH AND 28.00 FEET SOUTHERLY AS
MEASURED AT RIGHT ANGLES TO THE ABOVE DESCRIBED COURSE NO. 11, SOUTH 84053'00"
EAST, 148.98 FEET TO A TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF
214.00 FEET;
16. THENCE EASTERLY ALONG SAID CURVE AND CONCENTRIC WITH THE ABOVE DESCRIBED
COURSE NO. 10, THROUGH A CENTRAL ANGLE OF 12030'00", A DISTANCE OF 46.69 FEET;
9
ATTACHMENT A
17. THENCE TANGENT TO SAID CURVE ALONG A LINE THAT IS PARALLEL WITH AND 28.00
FEET SOUTHERLY MEASURED AT RIGHT ANGLES TO THE ABOVE DESCRIBED COURSE NO. 9,
NORTH 82°37'00" EAST, 54.89 FEET TO A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING
A RADIUS OF 286.00 FEET.
18. THENCE EASTERLY ALONG SAID CURVE AND CONCENTRIC WITH THE ABOVE DESCRIBED
COURSE NO. 8, THROUGH A CENTRAL ANGLE OF 13°32'40", A DISTANCE OF 67.61 FEET TO
A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 76.00 FEET;
19. THENCE EASTERLY ALONG SAID CURVE AND CONCENTRIC WITH THE ABOVE DESCRIBED
COURSE NO. 7, THROUGH A CENTRAL ANGLE OF 15007'05" A DISTANCE OF 20.05 FEET;
20. THENCE TANGENT TO SAID CURVE ALONG A LINE THAT IS PARALLEL WITH AND 28.00
FEET SOUTHERLY AS MEASURED AT RIGHT ANGLES TO THE ABOVE DESCRIBED COURSE NO. 6,
SOUTH 68043'15" EAST, 36.29 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 44.00 FEET AND SHARING A COMMON RADIUS POINT WITH
THE CURVE DESCRIBED IN THE ABOVE DESCRIBED COURSE NO. 5, A RADIAL LINE TO SAID
POINT BEARS NORTH 87016'26" WEST;
21. THENCE, SOUTHEASTERLY AND NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 159053'0111, A DISTANCE OF 122.78 FEET TO A TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET;
22. THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67058'32"
A DISTANCE OF 23.73 FEET;
23. THENCE TANGENT TO,SAID CURVE ALONG A LINE THAT IS PARALLEL WITH AND 48.00
FEET SOUTHERLY AS MEASURED AT RIGHT ANGLES TO THE ABOVE DESCRIBED COURSE NO. 4,
SOUTH 89010'55"EAST, 351.14 FEET;
24. THENCE SOUTH 39025'49" EAST, 18.42 FEET;
25. THENCE NORTH 88013'07" EAST, 4.88 FEET TO A POINT ON THE WESTERLY LINE OF
SAXONY ROAD;
26. THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 01046'53" EAST, 83.02 FEET
TO THE TRUE POINT OF BEGINNING.
10
ATTACHMENT B TO
LIEN COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
PROJECT NO. TM96-170
SUBDIVIDER'S DUTIES AND OBLIGATIONS
SUBDIVIDER: P.E. III Properties LL C, a California Limited Liability
Comply and D R Horton San Diego No 17 Inc.. a California
Corporation
Tract or Parcel Map Number : TM96-170
Name of Subdivision: Encinitas Ranch West Saxony Planning Area
1.0 PROJECT REQUIREMENTS
1.01 No facilities will be installed prior to the acceptance by
the District:
A) Good and Sufficient Security.
B) Acceptable Certificate of Insurance.
1.02 Developer to provide compaction testing per the requirements
of the San Dieguito Water District.
1.03 Developer to provide for construction staking and surveying
for the proposed water facilities.
1.04 SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all
necessary permits and licenses for the construction of the water,
g:sdwd\eng\forms\wstsxny.doc
improvements and give all necessary notices and pay all fees anI& taxes
required by law.
1.05 All public water facilities shall be installed by a Class A
or Class C-34 licensed contractor.
1.06 The plans provided for in this "Covenant" conform to the
current standards of the DISTRICT. The SUBDIVIDER 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
DISTRICT.
1.07 SUBDIVIDER 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 a 8 1/2" x 11" plat of
easements.
1.08 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to
furnish all the labor, equipment and materials to perform and
complete, in accordance with the plans and specifications and to' the
satisfaction and approval of the District Engineer, all of the
improvements referred to below:
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A)
8" PVC Main ,7431
_f $_137,150.00
B)
8" Gate Valve 1
a $ 32,300.00
C)
16" Gate Valve le
a $ 4,200.00
D)
1" Meter Service le
a $ 600.00
E)
2" Meter Service 8
_a $ 8,800.00
F)
2" Fire Service 7e
a $ 7,700.00
G)
Fire Hydrant 6
_a $ 18,000.00
H)
1" MAR 4 e
a $ 5,600.00
I)
2" MAR le
a $ 2,100.00
J)
2" Blow-off Assembly le
a $ 750.00
K)
Tap Assembly te
a $ 5,000.00
J)
100-, Contingencies
$ 22.220.00
Total Cost Estimate:
$ 244,420.00
1.09 IMPROVEMENT SECURITY:
A) 100% of Cost Estimate $ 244,420.00
1.10 MISCELLANEOUS COSTS:
$ -0-
1.11 CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY)
Account Number SDWD SDCWA C
A) $ $
B) $ $
C) $ $
D) $ $
Total Capacity Credit$< 0 >
1.12 SDWD METFI!---.FEES : S wA-
~p 5 Installation Capacity j
A) 2" e t e r,( ea $ 4,160.00 $__117,264.00
B) 1" mete r.cW "S 1. ea $ 210.00 $ 4,510.00
C) $ $
D) $ $
Capacity Credit (Refer t Sec. 1.11) 0 > p--°~
Total $ 4,370.00 $ 121,774.00
Total Meter Fees: $126,144.00
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~
i b_,,)
1.13 SDCWA CAPACITY FEES:
Capacity
A) 2" meter 8ea $ 65, 936.00
B) 1" meter lea $ 2,536.00
C) $
D) $
E) $
Capacity Credit (Refer to Sec. 1.11) 0 >
Total Capacity Fees: $68,472.00
1.14 CAPACITY FEE: (FIRE)
A) 2" meter 7 ea
B)
1.15 INSPECTION DEPOSIT:
1.16 DEPOSITS & FEES:
$ 4.620.00
Total Capacity Fees:
$ 4,620.00
$ 5,800.00
Engineering Fees
$ -0-
SDWD Meter Fees
$126,144.00
SDCWA Capacity Fees
$ 68,472.00
Fire Capacity Fees
$ 4.620.00
Inspection Deposit
$ 5,800.00
*TOTAL ESTIMATED DEPOSITS & FEES REQUIRED: $
1.17 The water meter fees including installation and capacity,
are established from time to time by the Board of Directors of the
DISTRICT and the San Diego County Water Authority. The SUBDIVIDER
will by required to conform to the installation and capacity fees
which are applicable on the date of payment. Construction will not be
allowed to commence until all water fees have been received.
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i,
1.18 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 SUBDIVIDER.
1.19 In the event a 90-day period elapses from the date of
recordation of the Covenant, the above estimated deposits and fees
must be revised and are subject to condition of agreement with
DISTRICT.
1.20 Filing of the 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.
2.0 PROGRESS OF WORK
2.1 Time is of the essence with this Covenant. SUBDIVIDER
shall commence substantial construction of the improvements required
by this Covenant not later than August 13. 1999 and shall complete the
improvements no later than August 13. 2001. In the event good cause
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exists, as determined by the District Engineer, the time for
commencement of construction or completion of the improvements
hereunder may be extended. Any such extension maybe granted without
notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way
affect the validity of this Covenant or release the Surety or Sureties
on any security given. for the faithful performance of this Covenant.
The District Engineer shall be the sole and final judge as to whether
or not good cause has been shown to entitle SUBDIVIDER to an
extension. As a condition of such extensions, the District Engineer
may require SUBDIVIDER to furnish new security guaranteeing
performance of this Covenant, as extended, in an increased amount as
necessary to compensate for any increase in construction costs as
determined by the District Engineer.
2.2 If any of the public improvements are to be constructed or
installed on land not owned by SUBDIVIDER, no construction or
installation shall be commenced prior to the acquisition and
acceptance by DISTRICT of appropriate property interests. SUBDIVIDER
shall pay the actual costs of acquisition of such property interests.
2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all
necessary permits and licenses for the construction of the
improvements and give all necessary notices and pay all fees and
taxes required by law.
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1
2.4 SUBDIVIDER shall notify the District Engineer in writing at
least 15 days prior to the commencement of work hereunder. No
construction work shall begin until authorized by DISTRICT.
2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits
for the buildings constructed on any lot created by the subdivision
until all required improvements have been provided to the satisfaction
of the District Engineer.
2.6 SUBDIVIDER shall at all times maintain safe construction
facilities, and provide safe access, for inspection by DISTRICT, to
all parts of the work and to the shops wherein the work is in
preparation.
2.7 SUBDIVIDER shall give good and adequate warning to the
public to each and every existing danger relating to the construction
of the improvements, and shall protect the public from such dangers.
3.0 INSPECTION/ACCEPTANCE OF IMPROVEMENTS
3.1 The District Engineer or his duly authorized representative,
upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense,
the improvements herein agreed to be constructed and installed by
SUBDIVIDER. If determined to be in accordance with applicable DISTRICT
standards and the other terms of this Covenant, the District Engineer
shall approve the improvements and recommend the acceptance of the
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public improvements by DISTRICT through resolution of the DISTRICT
Board of Directors.
3.2 The SUBDIVIDER agrees to pay for each inspection of the
improvements required by the District Engineer.
3.3 Approval of the improvements and acceptance of the public
improvements by District, shall not constitute a waiver by DISTRICT of
any defects in the improvements.
3.4 Until such time as the improvements required by this
Covenant are fully completed by SUBDIVIDER, approved by the District
Engineer and the public improvements are accepted by DISTRICT,
SUBDIVIDER will be responsible for the care, maintenance, repair and
replacement of such public improvements.
4.0 GUARANTEE/WARRANTY
4.1 ONE YEAR. SUBDIVIDER hereby guarantees and warrants the
public improvements constructed pursuant to this Covenant for a period
of one year after final acceptance of said work to include design,
work, labor
and materials
furnished.
If within the one year period,
any public
improvement or
part of any
public improvement furnished,
installed or constructed, or caused to be furnished, installed or
constructed by SUBDIVIDER, fails to fulfill any of the requirements of
this Covenant or otherwise fails to function to the satisfaction of
the DISTRICT, SUBDIVIDER shall without delay and without any cost to
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DISTRICT, repair, replace or reconstruct any failing part or parts of
the public improvement.
4.2 TEN YEARS. For ten years following the acceptance by
DISTRICT of the public improvements, SUBDIVIDER shall remain obligated
to cure all identified defects in the design, construction, materials
of the public improvements.
5.0 SECURITY
5.1 FOR CONSTRUCTION OF IMPROVEMENTS
A. Prior to the sale or transfer of all or any portion of
this Subdivision, or prior to the issuance of any development permits
for this Subdivision, SUBDIVIDER shall furnish to DISTRICT good and
sufficient security in the form of a cash deposit, a letter of credit
or other security as approved by the District Engineer in the amount
of 100% of the then-current estimate of construction costs of the
improvements to assure faithful performance of this Covenant.
B. In the event that changes, alterations or additions to
the improvement plans and specifications or. to the improvements add
1015 or more to the original estimated costs, of the improvements,
SUBDIVIDER shall provide additional security in a form satisfactory to
DISTRICT in an amount equal to 10015 of the total estimated increase in
the construction cost of the improvements. The amount of the
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additional security may be adjusted by the amount of work completed
and any prior, partial releases of security.
5.2 FOR ONE YEAR GUARANTEE /WARRANTY. SUBDIVIDER shall furnish
to DISTRICT good and sufficient security, in the form of a cash
deposit, letter of credit or other security as approved by the
District Engineer, in the amount of 25% of the estimated total cost of
the public improvements, to secure SUBDIVIDER's guarantee and warranty
specified herein for a period of one year following the acceptance by
DISTRICT of the public improvements.
6.0 CURING OF DEFAULTS
6.1 In the event that SUBDIVIDER fails to perform any duty
or obligation imposed by this Covenant, SUBDIVIDER hereby
authorizes DISTRICT, at DISTRICT's option, to perform such duty or
obligation twenty (20) days after DISTRICT mails written notice of
default to SUBDIVIDER and SUBDIVIDER fails to cure such default.
SUBDIVIDER agrees to pay the actual costs of such performance by
DISTRICT. The security posted by SUBDIVIDER pursuant to this
Covenant may be used by DISTRICT for the completion of such
performance, but shall not limit SUBDIVIDER's liability.
6.2 In the event of SUBDIVIDER'S uncured default, DISTRICT
may take over the work and prosecute the same to completion, by
contract or by any other method DISTRICT may deem advisable, for
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the account and at the expense of SUBDIVIDER. SUBDIVIDER shall be
liable to DISTRICT for the actual costs or damages occasioned
DISTRICT thereby. Without liability for so doing, DISTRICT may
take possession of the construction site and the work. In
completing the work, DISTRICT may utilize 'such materials,
appliances, plants and other property belonging to SUBDIVIDER as
may be on the site of the work and necessary therefore.
6.3 Should 'the exigencies of the case require repairs,
replacements, or work to be done before SUBDIVIDER can be notified
and given seven days to perform, DISTRICT may, at DISTRICT's
option and without liability, make the necessary repairs or
replacements or perform the necessary work and SUBDIVIDER shall
pay to DISTRICT the actual costs of so doing.
7A' HOLD HARMLESS
7.1 SUBDIVIDER agrees to indemnify and hold DISTRICT and
DISTRICT's officers, officials, employees and agents harmless
from, and against any and all liabilities, claims, demands, causes
of action, losses, damages and costs, including all costs of
defense thereof, arising out of, or in any manner connected
directly or indirectly with, any acts or omissions of SUBDIVIDER
or SUBDIVIDER's agents, employees, subcontractors, officials,
officers or representatives. Upon demand, SUBDIVIDER shall, at
its own expense, defend DISTRICT and DISTRICT's officers,
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officials, employees and agents, from and against any and all such
liabilities, claims, demands, causes of action, losses, damages
and costs.
7.2 SUBDIVIDER's obligation herein includes, but is not
limited to, alleged defects in the plans, specifications and
design of the improvements; but does not extend to liabilities,
claims, demands, causes of action, losses., damages or costs that
arise out of a defect in the plans, specifications or design that
is a result of a change required by DISTRICT to the SUBDIVIDER's
proposed plans, specifications or design so long as such change is
objected to, in writing, by the
SUBDIVIDER, and the writing
is
filed with the
District Engineer
more than ten days prior to
the
commencement of work.
7.3 SUBDIVIDER's obligation herein includes, but is not
limited to, alleged defects in the construction of the
improvements; alleged defects in the materials furnished in the
construction of the improvements; alleged injury to persons or
property; alleged inverse condemnation of property or a
consequence of the design, construction, or maintenance of the
work or the improvements; and any accident, loss or damage to the
work or the improvements prior to the acceptance of same by
DISTRICT.
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7.4 By approving the improvement plans,. specifications and
design; by inspecting or approving the improvements; or by
accepting the public improvements, DISTRICT shall not have waived
the projections afforded herein to DISTRICT and DISTRICT's
officers, officials, employees and agents or diminished the
obligation of SUBDIVIDER who shall remain obligated in the same
degree to indemnify and hold DISTRICT and DISTRICT's officers,
officials, employees and agents, harmless as provided above.
7.5 SUBDIVIDER's obligation herein does not extend to
liabilities, claims, demands, causes of action, losses, damages or
costs that arise out of DISTRICT's intentional wrongful acts,
DISTRICT's violations of law, or DISTRICT's sole active
negligence.
8.0 INSURANCE
8.1 The SUBDIVIDER shall obtain and maintain a policy of
motor vehicle liability, public liability, general liability and
property damage insurance from an insurance company approved by
DISTRICT and authorized to do business in the State of California,
in an insurable amount of not less than one million dollars
($1,000,000.00) for each occurrence. The insurance policy shall
provide that the policy shall remain in force during the life of
this COVENANT and shall not be canceled, terminated, or allowed to
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expire without thirty (30) days prior written notice to DISTRICT
from the insurance company.
8.2 DISTRICT shall be named as an additional insured on
SUBDIVIDER's policies.
8.3 SUBDIVIDER shall provide a Certificate of Workers'
Compensation insurance to the DISTRICT.
8.4 SUBDIVIDER shall furnish certificates of said insurance
to DISTRICT prior to commencement of work.'under this COVENANT.
9.0 NOTICES
9.1 Any notices to be given under this COVENANT, or
otherwise, shall be served by certified mail.
9.2 For the purposes hereof, unless otherwise provided in
writing by the parties hereto, the address of DISTRICT and the
proper person.to receive any such notice on its behalf is:
District Engineer
San Dieguito Water District
505 S. Vulcan Avenue
Encinitas, CA 92024
and the address of SUBDIVIDER and the proper person to receive any
such notice on its behalf is:
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10.0 SUBDIVIDER'S CERTIFICATION.OF AWARENESS OF
IMMIGRATION REFORM AND CONTROL ACT OF 1986
SUBDIVIDER certifies that SUBDIVIDER is aware of the
requirements of the Immigration Reform and Control Act of 1986 (8
USC H 1101-1525) and will comply with these requirements,
including but not limited to verifying the eligibility for
employment of all agents, employees, subcontractors and
consultants that are included in, satisfy the duties and
obligations contained herein.
11.0 PREVAILING WAGES
11.1 SUBDIVIDER has been alerted to the requirements of
California Labor Code section 1770 et seq., which would required
the payment of prevailing wage rates and the performance of other
requirements if it were determined that this Covenant constitutes
a public works contract. SUBDIVIDER has also been advised and
understands that the Office of the Attorney General of the State
of California has rendered an Opinion (No. 86-803) concluding that
prevailing wages must be paid by a private developer where a
public agency retains control over construction of the project and
the facilities are ultimately dedicated to the public agency.
SUBDIVIDER has further been advised that the California Department
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of Industrial Relations presently disagrees :with the position
` taken by the Office of the Attorney General in opinion No. 86-803.
11.1 It shall be the sole responsibility of the SUBDIVIDER
to determine whether to pay prevailing wages for any or all work
required by this Covenant. As a material part of this Covenant,
SUBDIVIDER agrees to assume all risk and liability arising from
SUBDIVIDER's decision not to pay prevailing wages for work
required by this Covenant.
11.2 As a further material part of this Covenant, SUBDIVIDER
agrees to hold harmless and indemnify the DISTRICT and its
officers, employees, consultants, and agents from any and all
claims, liability, loss, costs, damages, expenses, fines, and
penalties of whatever type or nature, including all costs of
defense and attorney's fees, arising from any alleged failure of
the SUBDIVIDER, or SUBDIVIDER's contractors or subcontractors, to
comply with the prevailing wage laws of the State of California.
If the DISTRICT or any of the indemnified parties are named as a
party in any dispute arising from the failure of SUBDIVIDER or
SUBDIVIDER's contractors or subcontractors to pay prevailing
wages, SUBDIVIDER agrees that the DISTRICT and the. other
indemnified parties may appoint their own independent counsel, and
SUBDIVIDER agrees to pay all attorney's fees and defense costs of
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the DISTRICT and the other indemnified parties as billed, in
addition to all other damages, fines, penalties, and losses
incurred by the DISTRICT and the other indemnified parties as a
result of the action.
12.0 GENERAL PROVISIONS
12.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or
contractors are or shall be considered to be agents of DISTRICT in
connection with the performance of SUBDIVIDER's duties and
obligations under this Covenant.
12.2 Sale or other disposition of the PROPERTY will not
relieve SUBDIVIDER from the duties and obligations set forth
herein.
12.3 SUBDIVIDER shall provide the improvements as an
independent contractor and in pursuit of SUBDIVIDER Is independent
calling, and not as an employee of DISTRICT. SUBDIVIDER shall not
be under control of the DISTRICT except as to the result to be
accomplished. SUBDIVIDER may confer with DISTRICT as required to
perform this Covenant.
12.4 No verbal agreement or conversation with any officer,
official, agent or employee of DISTRICT, either before, during or
after the execution of this Covenant, shall effect or modify any
of the terms or obligations herein contained.
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CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: August 13, 1997
TO: Board of Directors
~e7ft Y(7U Clerk RECORDS
VIA: auren M. Wasserman, District Manager From City
Bob Nelson, Public Works Director
FROM: SDWD Engineering & Planning Department
Victor Graves, Engineering and Planning Supervisor
,'Bill O'Donnell, Water Utility Planner
SUBJECT: Authorization to Enter Into a "Lien Covenant Regarding Real Property:
Improvements Required as Condition on Final Approval of Subdivision of Real
Property" with P.E. III Properties LLC, a California Corporation and D.R. Horton
San Diego No. 17, Inc., a California Corporation for the Property Located at the
South End of Saxony Road, APNs 256-330-42, 43, 44, 45, 46 and 47, and Accept
the Grant of Easements as Part of the Final Map.
ISSUE: Whether to enter into a. Covenant with P.F. III Properties LLC, a California
Corporation and D.R. Horton San Diego No, 17, Inc., a California Corporation for water
improvements and accept a grant of easements required as a condition of the subdivision of the
subject property.
BACKGROUND: On March 27, 1997 the City of Encinitas Planning Commission approved a
tentative map which would create three mixed use lots and a condominium project consisting of 46
triplexes located at the south. end of Saxony Road. The owner is in the process of finalizing the
map and is prepared to enter into a Covenant with the District.
ANALYSIS: In order to meet water requirements for the project, 2,743 feet of 8-inch PVC 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
a Covenant with the District in which the owner agrees to provide a properly licensed contractor to
install water improvements under District inspection.
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V
The District has been provided with the required information for this project. The owner agrees to
grant easements for water lines, bear all costs ' for improvements and abide by District rules,
regulations and specifications.
FISCAL AND STAFF IMPACT: The Covenant requires all services provided by the District to
be paid by the owner. Future District expenses will be incurred for the maintenance of the new
water improvements, once they are accepted. Funds for maintenance are collected through the sale
of water.
RECOMMENDATION: Authorize the District Manager to enter into a "Lien Covenant
Regarding Real Property: Improvements Required as Condition on Final Approval of Subdivision
of Real Property" with P.E. III Properties LLC, a California Corporation and D.R. Horton San
Diego No. 17, Inc., a California Corporation for the property located at the south end of Saxony
Road, APNs 256-330-42, 43, 44, 45, 46 and 47, and accept the grant of easements as part of the
final map.
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