2003-1407 G ENGINEERING SERVICES DEPARTMENT
o
Capital Improvement Projects
District Support Services
Field Operations
Sand Rep l en] shment /Stormwater Compliance
Subdivision Engineering
Traffic Engineering
June 14, 2005
Attn: Bank of America
1340 Encinitas Boulevard
Encinitas, California 92024
RE: Burdick, Gary
APN 264 - 292 -18
Grading Permit 1407 -GI
Final release of security
Pen 1407 -GI authorized earthwork, private drainage improvements, and erosion
control, all as necessary to build described project. The Field Inspector has approved
grading and finaled the project. Therefore, a release of the remaining deposit is
warranted.
The following Certificate of Deposit Account has been cancelled by the Financial
Services Manager and is hereby released for payment to the depositor.
Account #11829 -55646 in the amount of $15,569.50.
The document originals are enclosed. Should you have any questions or concerns, please
contact Debra Geishart at (760) 633 -2779 or in writing, attention the Engineering
Department.
Sincerely,
Debra Geishart JJa Lem ach
Engineering Technician F inance Manager
Subdivision Engineering Financial Services
CC: Jay Lembach, Finance Manager
Gary Burdick
Debra Geishart
File
Vii1:.in - 1'.(w' t11,_itw"' C._1itolm'] 7�n?i ',i.,, °bn -i U�l YecyCledpapef
ENGINEERING SERVICES DEPARTMENT
City of
Encinitas Capital Improvement Projects
District Support Services
Field Operations
Sand Replenishment /Stormwater Compliance
Subdivision Engineering
Traffic Engineering
September 2, 2004
Attn: Bank of America
1340 Encinitas Boulevard
Encinitas, California 92024 -
RE: Burdick, Gary
APN 264 - 292 -18
Grading Permit 1407 -GI
Final release of 75% security
Permit 1407 -GI authorized earthwork, private drainage improvements, and erosion
control, all as necessary to build described project. The Field Inspector has approved
rough grading. Therefore, a release of this deposit is warranted.
The following Certificate of Deposit Account has been cancelled by the Financial
Services Manager and is hereby released for payment to the depositor.
Account #11825 -55284 in the amount of $ 46,708.50.
The document originals are enclosed. Should you have any questions or concerns, please
contact Debra Geishart at (760) 633 -2779 or in writing, attention the Engineering
Department.
Since ely,
asih Maher /inance bach
Senior Civil Engineer Manager
Subdivision Engineering Financial Services
CC: Jay Lembach, Finance Manager
Gary Burdick
Debra Geishart
File
TEL 760 -633 -2600 / FAX 760- 633 -262? 505 S. Vulcan Avenue, Encinitas, California 92024 -3633 TDD 7 60 - 633 -2700 recycled paper
1
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CIVIL, GEOTECHNICAL, A QUALITY ENGINEERING
FOUNDATION DESIGN • LAND SURVEYING • SOIL TESTING
CONSTRUCTION MANAGEMENT 6 INSPECTION
CLIENT: BURDICK
3 ROJECT: BUR 503
�- ATE: 30 JUNE 2003
MR. GARY BURDICK
E
3315 Rocking Horse Circle
Encinitas, CA. 92024
Subject: Preliminary Soil Investigation for the Proposed Storm Drain Extension and
Barn Construction located at 3315 Rocking Horse Circle, Encinitas, CA.
Dear Mr. Burdick:
Pursuant to your request, we have completed our site inspection, soil
sampling, and our laboratory testing for the subject parcel. On 12 June 2003, a
representative from our firm visited the site in order to obtain soil samples and to
evaluate the general surface soil conditions relative to the proposed construction.
Based on our visual inspections and observations in the field, and our
laboratory test results, the following conclusions were derived. It is our opinion that
the subject lot may support the proposed storm drain extension and barn structure.
However, the conclusions and recommendations found in the latter part of this
report shall be incorporated in the design plans and specifications.
GRADING
The proposed development consists of the construction of a 310 LF HDPE
storm drain extension pipe and a single story barn structure. All grading shall be
performed in accordance with the applicable recommended grading specifications
contained in this report and the City of Encinitas Grading Ordinance.
On the basis of our investigation, development of the site as proposed is
considered feasible from a soils engineering standpoint provided that the
recommendations stated herein are incorporated in the design of foundation systems
and are implemented in the field.
Site preparation should begin with the removal the existing trees, shrubs,
1
161 1 -A SO. MELROSE DRIVE #285, VISTA, CA 92083 -5497 • 760 -945 -3150 • FAX. • 760 - 945 -4221
1311 inches ill ,1110.
CIVIL, GEOTECHNIC L, A QUALITY ENGINEERING
FOUNDATION DESIGN - LAND SURVEYING - SOIL TESTING
CONSTRUCTION MANAGEMENT 6 INSPECTION
trash, debris, and other deleterious matter. These materials, as well as vegetative
matter, are not suitable for use in structural fills and should be exported from the
site. Also, any subsurface structures such as cesspools, wells, or abandoned
pipelines, which are uncovered during the grading operation, shall be removed or
backfilled in accordance with the requirements of the City of Encinitas.
All on -site earth materials are considered suitable for the support of the
proposed structures. However, prior to placing fill, the loose topsoil/alluvial
materials occurring in the area of the proposed storm drain and barn pad shall be
removed to a depth where firm, dense native soils are encountered. The limits of
over - excavation and recompaction shall extend a minimum of 5 feet outside the
proposed perimeter building foundations and throughout the length of the storm
drain pipe. The depth of removal is anticipated to be approximately 3 to 5 feet
below the existing surface. This can be accomplished during the rough grading
operation and/or by over - excavating the upper 36 inches of the surface soils at finish
grade, ripping the exposed bottom surface to a minimum depth of 12 inches, and
recompacting the soil to the design grade. All structural fill shall be compacted to at
least 90% of the maximum dry density at near optimum moisture content as
determined in accordance with ASTM Test Procedure D 1557 -91 or equivalent.
Site drainage should be dispersed by non - erodible devices in a manner to
preclude concentrated runoff over graded and natural areas in accordance with the
City of Encinitas requirements.
GEOLOGIC HAZARDS
According to published information, there are no known active or potentially
active faults on or in the immediate vicinity of the subject site. Therefore, the
potential for ground rupture at this site is considered low. There are, however,
several faults located within a close proximity to this site that the movement
associated with them could cause significant ground motion. The following table
presents the distance of major faults from the site, the assumed maximum credible
earthquake magnitudes and estimated peak accelerations anticipated at the site. The
probability of such an earthquake occurring during the lifetime of this project is
considered low. The severity of ground motion is not anticipated to be any greater
at this site than in other areas of San Diego County.
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1311 illmills 111c.
CIVIL, GEOTECHNICAL, 6 QUALITY ENGINEERING
FOUNDATION DESIGN - LAND SURVEYING - SOIL TESTING
CONSTRUCTION MANAGEMENT 6 INSPECTION
SEISMICITY OF MAJOR FAULTS
MAXIMUM CREDIBLE ESTIMATED
FAULT DISTANCE MAGNITUDE(RICHTER) ACCELERATION(g)
Rose Canyon 5 mi. 6.0 0.25
Elsinore 28 mi. 7.5 0.35
San Jacinto 51 mi. 7.8 0.17
San Andreas 75 mi. 8.3 0.12
The following information is presented relative to the subject site and Seismic
Zone 4 per the U.B.C.:
(z) Seismic zone factor = 0.4
(Na) Near - source factor = 1.0
(A) Seismic source type = B (Rose Canyon Fault)
(Sd) Soil profile type = Sd
(Ca) Seismic coefficient = 0.44 Na
(Cv) Seismic coefficient = 0.64 Nv
(Nv) Near- source factor = 1.0
LIQUEFACTION POTENTIAL
Liquefaction analysis of the soils underlying the site was based on the
consideration of various factors which include the water level, soil type gradation,
relative density, intensity of ground shaking and duration of shaking. Liquefaction
potential has been found to be the greatest where the ground water level is shallow
and loose fine sands occur within a depth of 50 feet or less. These conditions are
not present within the site area and, therefore, the potential for generalized
liquefaction in the event of a strong to moderate earthquake on nearby faults is
considered to be low.
STABILITY
The relatively dense nature of the surface soils within the site and the nature
of the material underlying the site generally preclude the occurrence of major
landslide conditions. The area surrounding the site is not known to be within an
3
1611 -A SO. MELROSE DRIVE #285, VISTA, CA 92083 -5497 • 76.0- 945 -3150 • FAX 760 - 945 -4221
Idly inches illy IIIC.
CIVIL, GEOTECHNICAL, B QUALITY ENGINEERING
FOUNDATION DESIGN -LAND SURVEYING -SOIL TESTING
CONSTRUCTION MANAGEMENT 6 INSPECTION
area of ground subsidence. The potential for deep seated slope failure at the subject
site is considered low.
The site surface materials consist of silty clayey sands that are relatively
dense in their dry state. These materials are susceptible to erosion. Drainage
control is essential to maintain the stability of any planned slopes or slope areas.
FOUNDATIONS
For foundation design purposes, the following earth pressures were
calculated based on our Shear Test Results (Enclosure 1) and based on a foundation
depth and width of 12 inches:
Shear Test: Cohesion = 720 psf; Angle of Friction = 20° .
Allowable Bearing Value = 2000 psf
Equivalent Fluid Pressure = 55 psf
Passive Lateral Resistance = 230 psf
Active Pressure = 55 psf
Coefficient of Friction = 0.35
Expansion Index = 24 (LOW)
These values are for dead plus live loads and may be increased by one -third
(1/3) for seismic and wind loads where allowed by code. These design bearing
values are in accordance with the Uniform Building Code and were calculated
based on Terzaghis' Formula.
It is recommended that the continuous perimeter foundations and concrete
slabs for a light weight wood -framed structure shall be reinforced in accordance
with the following minimum designs:
a. It is recommended that the continuous perimeter foundations for a single
story barn structure shall extend a minimum depth of 18 inches and a minimum
width of 12 inches into firm native soils or compacted fill material as measured from
the lowest adjacent grade. A minimum of 18 inches deep by 15 inches wide shall be
used for a two story structure.
b. All foundations shall be reinforced with at least two No.5 steel bars, one
4
1611 -A SO. MELROSE DRIVE #285, VISTA, CA 92083 -5497 - 760 - 945 -3150 - FAX 760 - 945 -4221
1311/111(,'('1' %111 111C.
CIVIL, GEO TECHNICAL, 6 QUALITY ENGINEERING
FOUNDATION DESIGN • LAND SURVEYING • SOIL TESTING
CONSTRUCTION MANAGEMENT A INSPECTION
bars shall be placed 3 inches from the top of the foundation and the other bar shall
be placed 3 inches from the bottom.
c. All interior concrete slabs shall be a minimum of four inches in thickness
and reinforced with a minimum of No. 3 rebar at 18 inches on center both ways
placed in the center of the slab. The slab steel reinforcement shall be bent
downward into the perimeter footings and connected to the foundation steel at 18
inches on center. In order to minimi vapor transmission, an impermeable
membrane (ie: 6 mil visqueen) shall be placed over 2 inches of clean, poorly graded,
coarse sand, decomposed granite, or crushed rock. The membrane shall be covered
with 2 inches of sand to protect it during construction and the sand should be lightly
moistened just prior to placing concrete. All concrete used on this project shall have
a minimum compressive strength of 2500 psi unless otherwise stated on the Building
Plans.
If imported soil materials are used during grading to bring the building pad to
the design elevations, or if variations of soils or building locations are encountered,
foundation and slab designs shall be reevaluated by our firm upon the completion of
foundation excavations.
Footings located on or adjacent to the top of slopes shall be extended to a
sufficient depth to provide a minimum horizontal distance of 7 feet between the
bottom edge of the footing and the face of the slope.
These foundation recommendations are minimum design requirements for the
soils encountered during this investigation; however, actual foundations shall be
designed by the Structural Engineer for the expected live and dead loads, and for
wind and seismic loads.
It is recommended that the Soil Engineer be provided the opportunity for a
general review of the final design plans and specifications for this project in order
that the recommendations of this report may be properly interpreted and
implemented in the design. It is also recommended that the Soil Engineer be
provided the opportunity to verify the foundation and slab construction in the field
prior to placing concrete. (If the Soil Engineer is not accorded the privilege of
making these reviews, he can assume no responsibility for misinterpretation of his
recommendations).
5
1611 -A SO. MELROSE DRIVE #285, VISTA, CA 92083 -5497 • 760- 945 -3150 • FAX 760 - 945 -4221
Ell inches il� IIIC.
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CIVIL, GEOTECHNICAL, 6 QUALITY ENGINEERING
FOUNDATION DESIGN - LAND SURVEYING - SOIL TESTING
�.•., CONSTRUCTION MANAGEMENTS INSPECTION
Findings of this Report are valid as of this date; however, changes in
conditions of a property can occur with passage of time, whether they be due to
natural process or works of man on this or adjacent properties. In addition, changes
in applicable or appropriate standards occur whether they result from legislation or
broadening of knowledge. Accordingly, findings of this Report may be invalidated
wholly or partially by changes outside our control. Therefore, this Report is subject
to review and should not be relied upon after a period of one year.
In the event that any changes in the nature, design, or location of buildings
are planned, the conclusions and recommendations contained in this Report shall
not be considered valid unless the changes are reviewed and the conclusions of this
Report are modified or verified in writing.
This Report is issued with the understanding that it is the responsibility of the
owner or of his representative to ensure that the information and recommendations
contained herein are called to the attention of the project Architect and Engineer
and are incorporated into the plans. Further, the necessary steps shall be taken to
ensure that the contractor and subcontractors carry out such recommendations in the
field.
The Soil Engineer has prepared this Report for the exclusive use of the client
and authorized agents. This Report has been prepared in accordance with generally
accepted soil and foundation engineering practices. No other warranties, either
expressed or implied, are made as to the professional advice provided under the
terms of this agreement, and included in the Report.
B & B Engineering Inc. and Associates appreciate this opportunity to be of
service. Should you have any questions regarding this project, please do not
hesitate to contact us.
A Qq k pfESS/p, ` Sincerely,
C. B�Ey
c� RGE 127
W EV. 12/31/05 Arthur C. Beard RCE RGE
Chief Engineer
>' rECHN
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1611 -A SO. MELROSE DRIVE #285, VISTA, CA 92083 -5497 • 760 - 945 -3150 • FAX. • 760 - 945 -4221
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NORMAL LOAD (PSF)
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CIVIL, GEOTECHNICAL, & QUALITY ENGINEERS
• STRUCTURAL ENGINEERING • LAND SURVEYING
r: • • • PERCOLATION & SOIL TESTING
• CONSTRUCTION MANAGEMENT & INSPECTION
• avPLne*cK BvfL s03
SHEARING STRENGTH TEST CLOSV> t
STATE OF CAUFORNWTHE RESOURCES AGENCY _ ARNOLD SCHW_ ARZENEGGER, Governor
DEPARTMENT OF FISH AND GAME
South Coast Region
4949 Viewridge Avenue
San Diego, California 92123
(858) 4 67 -4201
FAX (858) 487 -4235
p�c��od[�
April 1, 2004
2
APR 1 2 2004
Mr. Gary S. Burdick
3315 Rocking Horse Circle ENGINEERING SERVICES
Encinitas, CA 92024 t CITY OF ENCINITAS
Dear Mr. Burdick:
Enclosed is Streambed Alteration Agreement #1600 - 2003- 5082 -R5 that authorizes work
on the Burdick Barn Project within an unnamed drainage, tributary to Escondido Creek,
tributary to the San Elijo Lagoon, San Diego County. This action is authorized under Section
1600 of the Fish and Game Code and has been approved by the California Department of Fish and
Game. Pursuant to the requirements of the California Environmental Q ality Act (CEQA), the
Department filed a Notice of Exemption (NOE) on the project on 9 o2 joY
Under CEQA regulations, the project has a 35 -day period in which comments on the project may
be submitted.
The Department believes that the project fully meets the requirements of the Fish and
Game Code and CEQA. However, if comments on the NOE are received during the comment
period, then an additional review or even modification of the project may be required. If no
comments are received during the 35-day period, then any subsequent comments need not be
responded to. This information is provided to you so that if you choose to undertake the project
prior to the close of the 35 -day period, you do so with the knowledge that additional actions may
be required based on the pertinence of the comments.
Please contact Tamara Spear at (858) 4674223 if you have any questions regarding the
Streambed Alteration Agreement.
Sincerely,
C.F. Raysbrook
Regional Manager
Enclosure
cc: LEAD
CALIFORNIA DEPARTMENT OF FISH AND GAME
4949 Viewridge Avenue
San Diego, California 92123
Notification No. 1 600-2003-5082-R5
Page 1 of 5
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into between the State of California, Department of Fish
and Game, hereinafter called the Department, and Mr. Ga[y S Burdick 3315 Rocking Horse
Circle Encinitas CA 92024 (858)759 -1041 State of California, hereinafter called the
Operator, is as follows:
WHEREAS, pursuant to Section 1603 of California Fish and Game Code, the Operator,
on the 12"' day of September 2003 notified the Department that they intend to divert or
obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the
streambed(s) of, the following water(s): an unnamed drainage, tributary to Escondido
Creek, tributary to San Eliio Lagoon, tributary to the Pacific Ocean, San Diego County,
California, Section 8 Township 3W Range 13S USGS Map: Rancho Santa Fe .
WHEREAS, the Department has determined that such operations may substantially
adversely affect those existing fish and wildlife resources within the vicinity of the site,
specifically identified as follows: Birds: California coastal gnatcatcher (Polioptila californica
calffibmica), bushtit (Psaltriparus minimus), western scrub jay (Aphelocoma coerulescens),
American crow (Corvus brachyrhynchos), common raven (Corvus corax), California towhee
(Pipilo chrysalis), spotted towhee (Pipi/o macu/atus), song sparrow (Melospiza melodia), house
finch (Carpodacus mexicanus), and white - crowned sparrow (Zonotrichia /eucophrys);
Amphibians: Pacific treefrog (Hyla regilla), California slender salamander (Batrachoseps
attenuatus); Reptiles: side - blotched lizard (Uta stansburiana), western fence lizard
(Sceloporus occidentalis); Mammals: desert cottontail (Sylvilagus auduboni); including the
disturbed southern willow scrub, eucalyptus woodland and surrounding landscaping ,
development, and Diegan coastal sage scrub which provide habitat for such species in the
area.
THEREFORE, the Department hereby proposes measures to protect fish and wildlife
resources during the Operator's work. The Operator hereby agrees to accept the following
measures /conditions as part of the proposed work.
If the Operator's work changes from that stated in the notification specified above, this
Agreement is no longer valid and a new notification shall be submitted to the Department of
Fish and Game. Failure to comply with the provisions of this Agreement and with other
pertinent code sections, including but not limited to Fish and Game Code Sections 5650,
5652, 5937, and 5948, may result in prosecution.
Nothing in this Agreement authorizes the Operator to trespass on any land or property,
nor does it relieve the Operator of responsibility for compliance with applicable federal, state,
or local laws or ordinances. A consummated Agreement does not constitute Department of
Fish and Game endorsement of the proposed operation, or assure the Department's
concurrence with permits required from other agencies.
This Agreement becomes effective the date of Department's signature and
terminates December 31, 2004 for project construction only. This Agreement shall remain in
effect for that time necessary to satisfy the terms /conditions of this Agreement.
Page 2 of 5
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 1600 - 2003 - 5082 -R5
1. The following provisions constitute the limit of activities agreed to and resolved by this
Agreement. The signing of this Agreement does not imply that the Operator is precluded from
doing other activities at the site. However, activities not specifically agreed to and resolved by
this Agreement shall be subject to separate notification pursuant to Fish and Game Code
Sections 1600 et seq.
Project Description
2. The Operator proposes to alter the streambed and bank of an unnamed drainage,
tributary to Escondido Creek, tributary to San Elijo Lagoon, tributary to the Pacific
Ocean to accommodate the Burdick Barn Project. Project activity includes the fill of
approximately 0.03 acre of streambed. Where the drainage enters the property at the
southeast portion of the site, a concrete inlet apron will be constructed and 155 -feet of 42 -inch
pipe will be buried and fill will be placed to create a level pad for the building of a bam. At the
outlet of the pipe a concrete headwall will be constructed. The remaining 155 -feet of drainage
will then be slightly widened, forming a basin that will continue off the property, draining to an
existing 42 -inch culvert located at the southwest corner of the property. As mitigation for the
project, ice plant and other ornamental plantings shall be removed from the remaining
drainage on -site and replanted with appropriate native wetland species. The project is located
at 3315 Rocking. Horse Circle, in the City of Encinitas, San Diego County.
3. The agreed work includes activities associated with No. 2 above. The project area is
located in an unnamed drainage, tributary to Escondido Creek San Diego County,
California. Specific work areas and mitigation measures are described on /in the plans and
documents submitted by the Operator, and shall be implemented as proposed unless directed
differently by this agreement.
Impacts /Mitigation
4. The Operator shall not impact more than 0.03 acre (approx. 10' x 155' ) acre of streambed
comprised of disturbed southern willow scrub (3 willows) and unvegetated streambed. As
mitigation for the project, the Operator shall remove non - native, ornamental plantings (i.e. ice
plant, pampas grass, etc.) from the remaining on -site drainage (approx. 0.03 acre) and
replant with appropriate wetland native species.
5. The Operator shall remove and legally dispose off -site any excess material from the stream
channel once soil compaction is complete.
6. A progress report shall be submitted to the Department documenting the success of the
mitigation area one year after planting. This report shall include a brief overview of the
revegetation effort along with photos. If, after the first year, the Department reviews and.
approves the mitigation site in writing, the Operator may consider the site has been successful
and cease monitoring.
Vegetation, Revegetation and Restoration:
7. The Operator has submitted a revegetation planting palette for Department review and has
received approval prior to installation.
8. All planting should be done between October 1 and April 30 to take advantage of the
Page 3 of 5
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 1600 -2003- 5082 -R5
winter rainy season.
Biological Surveys and Time Restrictions
9. The Operator shall not remove vegetation or work within the stream from March l V h to
August 31s' to avoid impacts to nesting birds. However, work may occur during this time if a
qualified biologist conducts a survey for nesting birds within 24 hours prior to the work in the
area, and ensures no nesting birds shall be impacted by the project. If nesting birds are
present, no work shall occur until the young have fledged and will no longer be impacted by
the project.
10. If work is performed within the stream channel during the winter storm period the Operator
shall monitor the five (5) day weather forecast. If it is forecasted for a_y precipitation, work
activities shall involve the securing of the site, so as no materials may enter or be washed into
the stream. The site shall be completely secured one (1) day prior to precipitation, unless
prior written approval has been provided by the Department. During period of precipitation,
no construction activities may occur; activities involving the preventing of materials from
entering the stream or being washed downstream may be conducted.
11. In the event that one (1) inch of precipitation is accumulated within the watershed, no
activities shall occur on site for two weeks, or until the flows have receded and the moisture
content of the soils has stabilized.
Vegetation Removal /Habitat Protection
12. No direct or indirect impacts shall occur to any threatened or endangered species. If any
threatened or endangered species could be impacted by the work proposed, the Operator
shall obtain the required state and federal threatened and endangered species permits.
Equipment and Access
13 No equipment shall be operated in ponded or flowing areas. When work in a flowing
stream is unavoidable, the entire stream flow shall be diverted around the work area by a
barrier, temporary culvert, new channel, or other means approved by the Department.
14. Staging /storage areas for equipment and materials shall be located outside of the stream.
15. Access to the work site shall be via existing roads and access ramps.
16. No equipment maintenance shall be done within or near any stream channel where
petroleum products or other pollutants from the equipment may enter these areas under any
flow.
17. Vehicles shall not be driven or equipment operated in water covered portions of a stream
or lake, or where wetland vegetation, riparian vegetation, or aquatic organisms may be
destroyed.
Pollution, Sedimentation and Litter
18. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or
other petroleum products, or any other substances which could be hazardous to aquatic life,
Page 4 of 5
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 1600 - 2003 - 5082 -R5
resulting from project related activities, shall be prevented from contaminating the soil and /or
entering the waters of the state. These materials, placed within or where they may enter a
stream /lake, by Operator or any party working under contract, or with the permission of the
Operator, shall be removed immediately.
19. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings
thereof, oil or petroleum products or other organic or earthen material from any construction,
or associated activity of whatever nature shall be allowed to enter into or placed where it may
be washed by rainfall or runoff into, waters of the State. When operations are completed, any
excess materials or debris shall be removed from the work area. No rubbish shall be
deposited within 150 feet of the high water mark of any stream or lake.
20. The Operator shall comply with all litter and pollution laws. All contractors,
subcontractors and employees shall also obey these laws and it shall be the responsibility of
the operator to ensure compliance.
Other
21. The Operator may request one extension of this agreement prior to its termination. An
extension may be granted for up to 12 months from the date of termination of the agreement
and are subject to Departmental approval. The extension request and fees shall be submitted
to the Department's Region 5 Office Streambed Team at 4949 Viewridge Avenue, San Diego,
California 92123. If the Operator fails to request the extension prior to the agreement's
termination then the Operator shall submit a new notification with fees and required
information to the Department. Any activities conducted under an expired agreement is a
violation of Fish and Game Code Section 1600 et. seq.
22. The Operator shall provide a copy of this Agreement to all contractors,
subcontractors, and the Operator's project supervisors. Copies of the Agreement shall
be readily available at work sites at all times during periods of active work and must be
presented to any Department personnel, or personnel from another agency upon demand.
23. The Department reserves the right to enter the project site at any time to ensure
compliance with terms /conditions of this Agreement.
24. All provisions of this Agreement remain in force throughout the term of the Agreement.
Any provisions of the Agreement may be amended or the Agreement may be terminated at
any time provided such amendment and /or termination is agreed to in writing by both parties.
Mutually approved amendments become part of the original Agreement and are subject to all
previousl nego tiated provisions.
25. If the Operator or any of the individuals mentioned above, violate any of the terms or
conditions of this agreement, all work shall terminate immediately and shall not proceed until
the Department has taken all of its legal actions.
26. The Operator shall notify the Department, in writing, at least five (5) days prior to
initiation of construction (project) activities and within at least five (5) days after
completion of construction (project) activities. Notification shall be sent to the Department
at 4949 Viewridge Avenue, San Diego, CA 92123, Attn: Tamara A. Spear, ES, (858)467 -4223.
27. It is understood the Department has entered into this Streambed Alteration Agreement for
Page 5 of 5
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 1600- 2003 - 5082 -R5
purposes of establishing protective features for fish and wildlife. The decision to proceed with
the project is the sole responsibility of the Operator, and is not required by this agreement. It
is further agreed all liability and /or incurred cost related to or arising out of the
Operator's project and the fish and wildlife protective conditions of this agreement,
remain the sole responsibility of the Operator. The Operator agrees to hold harmless the
State of California and the Department of Fish and Game against any related claim made by
any party or parties for personal injury or any other damages.
28. The Department reserves the right to suspend or cancel this Agreement for other
reasons, including but not limited to the following
a. The Department determines that the information provided by the Operator in support
of the Notification /Agreement is incomplete or inaccurate;
b.The Department obtains new information that was not known to it in preparing the
terms and conditions of the Agreement;
c.The project or project activities as described in the Notification /Agreement have
changed;
d.The conditions affecting fish and wildlife resources change or the Department
determines that project activities will result in a substantial adverse effect on the
environment.
29. Before any suspension or cancellation of the Agreement, the Department will notify the
Operator in writing of the circumstances which the Department believes warrant suspension or
cancellation. The Operator will have seven (7) working days from the date of receipt of this
notification to respond in writing to the circumstances described in the Department's
notification. During the seven (7) day response period, the Operator shall immediately cease
any project activities which the Department specified in its notification. The Operator shall not
continue the specified activities until that time when the Department notifies the Operator in
writing that adequate methods and/or measures have been identified and agreed upon to
mitigate or eliminate the significant adverse effect.
CONCURRENCE
Gary S. Burdick CALIFORNIA DEPT. OF FISH AND GAME
sign re) (d at) (signature) (ate)
�ay�y _
C.F. RAYSBROOK, Regional Manager
(Typ r print name and title)
Prepared by: Tamara A. Spear, Environmental Scientist
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Recording Reques By: )
e -F
When Recorded Mail To: )
City Engineer ) 18- ) = 1 0 , b ?9 PM 1 :44
CITY OF ENCINITAS ) _
527 Encinitas Boulevard ) {
Encinitas, California 92024 ) t"
SPACE ABOVE FOR
RECORDER'S USE
zcy,G of
GRANT OF EASEMENT FOR RECREATIONAL TRAILS NOFEE
A. J.F. Shea Co. Inc., dba, Shea Homes ( "OWNER" hereinafter)
is the owner of real property described in Exhibit A which is
attached hereto and made a part hereof and which is commonly
known as, Country Rose, Oli venhai n ( "PROPERTY"
hereinafter). In consideration of.the approval by the City of
Encinitas ( "CITY" hereinafter) of a map of the subdivision of
PROPERTY, OWNER hereby grants to CITY, (for the benefit of
CITY), easements across PROPERTY located as described in
Exhibit B and illustrated in Exhibit C, which are attached
hereto and made a part hereof, for public recreational trail
purposes which include, without limitation, use by members of
the public to walk, jog, run, ride horses, and operate non -
motorized bicycles. However, no motorcycles or other motor
vehicles shall be permitted on the trails with the exception of
emergency and maintenance vehicles.
B. CITY agrees to properly and safely maintain the trails and
related improvements to a level satisfactory to serve
sufficiently the public need. Construction and maintenance
activities include, but are not limited to, work on, below, and
above the surface of the easements.
CF /04/ COVl -70WP (11 -7 -88)
SCANNED
9 1668
C. Pursuant to a permit issued by the CITY, private owners of
lots adjacent to the easement granted to the CITY may construct
and maintain driveways and install underground utilities across
the easement, subject to the following conditions:
1) No culverts, berms, ditches or other features which may
impede or restrict the intended use of the trail shall be
permitted.
2) The surface of the driveway which crosses the easement
must be smoothed to a level satisfactory to the City
Engineer.
3) The grade of the driveway which crosses the easement must
match the grade of the trail on both sides.
D. CITY agrees to defend, indemnify, and save free and hold
harmless OWNER from and against all claims, liabilities,
penalties, fines, or any damage to goods, properties, or
effects of any person whatever, and for personal injuries or
death caused by, or resulting from, or claimed to have been
caused by, or resulting from the negligence or intentional act
of CITY.
E. This Easement shall run with the land and be binding upon
and inure to the benefit of the encumbrancers, successors,
heirs, personal representatives, transferees and assigns of the
respective parties.
F. If either party is required to incur costs to enforce the
provisions of this Easement, the prevailing party shall be
CF /04 /COV1 -70WP (11 -7 -88)
a 1669
entitled to ft__..- reimbursement of all .:osts, including
reasonable attorneys' fees, from the other
J.F. S A pa&rty.
HEa, SH EA HOMES
Dated Owner
(N tarize) Thomas F. Noon
Vice President /General Manager
STATE OF )
) ss.
County of )
On , 19 before me, the
undersigned, a Notary Public in and for said County known to me
to be the person whose name
subscribed to the within instrument, and acknowledged that
executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
I accept on behalf of the City Council of the City of
Encinitas, pursuant to the authority conferred by the
Resolution of said Council adopted on July 27, 1987 the
foregoing easement and consent and to the recordation thereof
by its duly authorized officer.
Date Al By �� r
Warren H. Shafer
City Manager
CF /04/ COV1 -70WP (11 -7 -88)
0 16'70
EXHIBIT "A"
CITY OF ENCINITAS, TRACT NO. 4574
Lots 1 through 75 inclusive, and Fortuna Ranch Road, of
Map No. 11809, in the City of Encinitas, County of San Diego,
State of California, filed in the office of the County
Recorder of San Diego County, May 18, 1987.
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EXHIBIT "B" O 1671
LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 1
Those portions of Lots 6 through 13 inclusive, 23, and
75 (Calzada Amanecer) within Tract No. 4574, in the City of
Encinitas, County of San Diego, State of California,
according to Map thereof No. 11809 recorded in the office of
the County Recorder of said County, described as follows:
PARCEL A
The northerly 18.00 feet of said Lot 6.
PARCEL B
The northerly 18.00 feet and the westerly 18.00 feet of
said Lot 7.
PARCEL C
The northerly 18.00 feet of said Lot 8.
PARCEL D
The northerly 18.00 feet of said Lot 9.
PARCEL E
The northerly 18.00 feet of said Lot 10.
PARCEL F
The northerly 18.00 feet and the westerly 18.00 feet of
said Lot 11.
PARCEL G
The westerly 18.00 feet of said Lot 12.
PARCEL H
The westerly 18.00 feet of said Lot 13.
PARCEL I o 167
The easterly 18.00 feet of said Lot 23.
PARCEL J
That portion of said Lot 75 lying within a strip of land
18.00 feet wide, the centerline of which is described as
follows:
Beginning at the northeast corner of said Lot 23 thence
along the northerly boundary of said Lot 23 North
86 °59 West 9.00 feet to the True Point of Beginning;
thence North 3 °00 East. 9.00 feet to a point on a line
which is parallel with and 9.00 feet northerly measured at
right angles to the northerly boundary of said Lot 23; thence
along said parallel line South 86 °59 "East 152.27 feet;
thence leaving said parallel line North 3 °00 East 47.00
feet to a point on the southerly line of said lot 7 being the
point of terminus.
N D So
IP d G � �I Hl4< � No. 5669 John W. Hill Jr. L.S. 5669 / 10 -24 -88 Exp. °�`� H &A San Diego, Inc. legal146 Of
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0 1673
LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 2
Those portions of Lots 1, 5 and 25, within Tract No.
4574, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 11809 recorded in
the office of the County Recorder of said County, described
as follows:
PARCEL A
The northerly 18.00 feet of said Lot 1.
PARCEL B
The northerly 18.00 feet of said Lot 5.
PARCEL C
That portion of said Lot 25 lying westerly of a line
parallel with and 18.00 feet northeasterly of that certain
course in the boundary of said Lot 25 shown on said map as
"Forth 25 °04 West 200.30 and its northwesterly
prolongation.
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John W. Hill Jr. L.S. 5669 '
� No. 5669 �
9 -20 -88
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0 1674
LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 3
That portion of Lots 43, 54, and 74 (Caminito Recuerdo)
within Tract No. 4574 in the City of Encinitas, County of
San Diego, State of California, according to Map thereof No.
11809 recorded in the office of the County Recorder of said
County, described as follows:
PARCEL A
The southerly 18.00 feet of said lot 43.
PARCEL B
The southerly 18.00 feet of said lot 54.
PARCEL C
The southerly 18.00 feet of said lot 74.
VAND So
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Hill Jr. L. S . 5669 No. 5669
9 -20 -88
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0 1675
LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 4
Those portions of Lots 38 through 42 inclusive of
Tract No. 4574, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No.
11809 recorded in the office of the County Recorder of said
County, described as follows:
PARCEL A
The southwesterly 18.00 feet of said lot 38.
PARCEL B
The southwesterly 18.00 feet of said lot 39.
PARCEL C
The southwesterly 18.00 feet of said lot 40.
PARCEL D
The southerly 18.00 feet of said lot 41.
PARCEL E
The southerly 18.00 feet of said lot 42.
`A ND S
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J W. Hill Jr. L.S. 5669 ^,
9 -16 -88 NO. 5669
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0 1676
LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 5
Those portions of Lots 63, 64 and 65 of Tract No. 4574,
in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 11809 recorded in
the office of the County Recorder of said County, described
as follows:
PARCEL A
The westerly 18.00 feet of said Lot 63.
PARCEL B
The westerly 18.00 feet of said Lot 64.
PARCEL C
The westerly 18.00 feet of said Lot 65.
LAN D S��G
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Join W. Hill Jr. L.S. 5669 N0. 5669
9 -16 -88
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legal143 F OF C A\-\�`
0 1677
LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 6
Those portions of Lots 14, 22, 36, 37, 66, 67, 68 and
73, Bumann Road and Fortuna Ranch Road within Tract No.
4574, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 11809 recorded in
the office of the County Recorder of said County, described
as follows:
PARCEL A
The westerly 18.00 feet of said Lot 14.
PARCEL B
The northerly 8.00 feet of said Lot 37.
PARCEL C
The northerly 8.00 feet of said Lot 66.
PARCEL D
The northerly 8.00 feet of said Lot 67.
PARCEL E
The northerly 8.00 feet of said Lot 68.
PARCEL F
The northwesterly 8.00 feet of the southwesterly 400.00
feet of said Lot 36.
PARCEL G
An 18.00 foot wide strip of land within Fortuna Ranch Road
lying easterly and adjacent to the northerly prolongation of
the west lot line said of Lot 66.
0 1678
PARCEL H
An 18.00 foot wide strip of land within Fortuna Ranch Road
lying northeasterly and adjacent to the southeasterly
prolongation of that certain course in the boundary of Lot
21 of said Map No. 11809 shown on said map as "North
25 °04 West 200.30' feet.
PARCEL I
A strip of land 8.00 feet wide within Bumann
Road lying adjacent to and southeasterly of that certain
line shown on said map as "Limits of Bumman Road ".
PARCEL J
A strip of land 10.00 feet wide within said Fortuna Ranch
Road 60.00 feet wide, the southerly line of which is the
southerly right of way line of said road lying between the
westerly boundary of said tract and a point which is 400.00
feet northeasterly along said right of way from the most
westerly corner of said Lot 36.
PARCEL R
The southwesterly 18.00 feet of lot 37.
PARCEL L
The easterly 18.00 feet of said Lot 22.
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