Loading...
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: g:sdwd\eng\forms\wstsxny.doc 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 g:sdwd\eng\forms\wstsxny.doc I- S ,12 ~ 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. g:sdwd\eng\forms\wstsxny.doc 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 g:sdwd\eng\forms\wstsxny.doc 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. g:sdwd\eng\forms\wstsxny.doc 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 g:sdwd\eng\forms\wstsxny.doc 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 g:sdwd\eng\forms\wstsxny.doc 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 g:sdwd\eng\forms\wstsxny.doc 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 g:sdwd\eng\forms\wstsxny.doc 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, g:sdwd\eng\forms\wstsxny.doc 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. g:sdwd\eng\forms\wstsxny.doc 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 g:sdwd\eng\forms\wstsxny.doc 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: g:sdwd\eng\forms\wstsxny.doc 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 g:sdwd\eng\forms\wstsxny.doc 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 g:sdwd\eng\forms\wstsxny.doc 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. g:sdwd\eng\forms\wstsxny.doc 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. f:\agnd_rp\ar28.doc 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. f:\agnd_rp\ar28.doc