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2003-1402 G ENGINEERING SERVICES DEPARTMENT Capital Improvement Projects City Of District Support Services EW ni tas Field Operations Sand Replenishment /Stormwater Compliance Subdivision Engineering Traffic Engineering August 3, 2006 Attn: Western Surety Company P.O. Box 5077 Sioux Falls, South Dakota 57117 RE: Terry and Carol McCaleb 2061 Cambridge Avenue APN 260 - 380 -42 Grading Permit 1402 -G Final release of security Permit 1402 -G authorized earthwork, storm drainage, and erosion control, all needed to build the described project. The Field Operations Division has approved the grading and finaled the project. Therefore, release of the security deposit is merited. Performance Bond 69730549, in the amount of $23,125.00, is hereby fully exonerated. The document original is enclosed. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, - C- Debra Geisha _ J L mbach Engineering Technician inance Manager Subdivision Engineering Financial Services Cc: Jay Lembach, FinanceManager Terry and Carol McCaleb Debra Geishart File Enc. TEL 760 - 633 -2600 / FAX 760- 633 -2627 505 S. Vulcan Avenue, Encinitas, California 92024 -3633 T'DD 760 - 633 -2700 � recycled paper WORTH COUWTY COMPACTION ENGINEER 14G, INC. Project No. CE -6916 July 19, 2005 J. W. Millett Construction P. O. Box 1268 San Marcos, CA 92079 Subject: Report of Certification of Compacted Fill Ground and Basement Wall Backfill Soils Phase H Grading Proposed Twin Homes 2061 Cambridge Avenue Encinitas, California Reference: 1.) "Preliminary Soils Investigation" prepared by North County Compaction Engineering, Inc. dated June 9, 2003 2.) "Phase I Grading, Basement Excavation Certification" prepared by North County Compaction Engineering, Inc. dated April 11, 2005 Dear Mr. Millett: In response to your request, the following report has been prepared to indicate results of soil testing, observations, and inspection of earthwork construction at the subject site. Phase II testing and inspection services were performed from April 21, 2005 through July 8, 2005. Briefly, our findings reveal filled ground has been compacted to a minimum of ninety percent (90 %). Therefore, we recommend construction continue as scheduled. SCOPE Our firm was retained to observe grading operations with regard to current standard practices and to determine the degree of compaction of placed fill. Grading and stormwater management plans were prepared by Bruce McFarlane, RCE #28062. Approximate locations and depth of filled ground and extent of earthwork construction covered in this report are indicated on the attached Plate No. One entitled, "Test Location Sketch ". P. O. BOX 302002 * ESCONDIDO, CA 92030 * (760) 480 -1116 FAX (760) 741 -6568 NORTH COUNTY COMPACTION ENGINEERING, INC. Project No. CE -6916 July 19, 2005 Page 2 Subsequent to constructing the basement excavation, Phase II grading operations were performed in order to: 1.) Backfill basement walls, 2.) Remove and recompact loose topsoils within the upper building pad at the garage location and 3.) To remove an existing septic tank and backfill and compact the excavation within the upper pad elevation. The site was graded in accordance with recommendations set forth in our previously submitted report (Reference Report No. 1). The site was graded to approximately conform to project plans. Actual pad size and elevation may differ. Finish grade operations are to be completed at a later date. LABORATORY TESTING Representative soils samples were collected and returned to the laboratory for testing. Optimum moisture - maximum density tests were performed in accordance with ASTM D -1557 and are tabulated on the attached Plate No. Two entitled, "Tabulation of Test Results ". SOIL CONDITIONS Native soils encountered were silty -sands. Fill soils were generated from the on -site excavation. Loose compressible top soils were encountered at the upper elevation garage pad to depths of 2 feet below finish grade. These soils were removed and recompacted to a minimum of ninety percent (90 %) of maximum dry density. In addition, a septic tank was also removed from the upper building elevation. The excavation was approximately 6 feet deep and was backfill with soil to a minimum compaction of ninety percent (90 %) of maximum dry density. On -site soils were found to have an expansion index of less than 5 and are classified as being "very low" in expansion potential. NORTH COUNTY COMPACTION ENGINEERING, INC. Project No. CE -6916 July 19, 2005 Page 3 During earthwork construction, native areas to receive fill were scarified, watered, and compacted to a minimum of ninety percent (90 %) of maximum density. Fill soils were placed, watered, and compacted in 6 inch lifts. To determine the degree of compaction, field density tests were performed in accordance with ASTM D -1556 or D -2922 at the approximate horizontal locations designated on the attached Plate No. One entitled, "Test Location Sketch ". A tabulation of test results and their vertical locations are presented on the attached Plate No. Two entitled "Tabulation of Test Results ". Fill soils found to have a relative compaction of less the ninety percent (90 %) were reworked until proper compaction was achieved. RECOMMENDATIONS AND CONCLUSIONS Continuous inspection was not requested to verify fill soils are placed in accordance with current standard practices regarding grading operations and earthwork construction. Therefore, as economically feasible as possible, part-time inspection was provided. Hence, the following recommendations are based on the assumption that all areas tested are representative of the entire project. 1.) Compacted fill and natural ground within the defined building areas have adequate strength to safely support the proposed loads. 2.) In our opinion, soil liquefaction at the site is unlikely to occur due to the following on -site soils conditions: A). Groundwater was not encountered at the time of grading. B). Fill ground and loose top soils were compacted to a minimum of ninety percent (90 %) of maximum dry density. C). The dense nature of the formation underlying the site. 3.) All continuous footings for the proposed garage having a minimum width of 15 inches and a minimum depth of 18 inches below lowest adjacent grade will have an allowable soil bearing pressure of 2500 pounds per square foot. (NOTE: to avoid surcharge to the neighboring property line retaining walls, garage footing excavations were deepened between 3 feet and 5 feet in depth and protrude into firm native ground.) NORTH COUNTY COMPACTION ENGINEERING, INC. Project No. CE -6916 July 19, 2005 Page 4 4.) All lower foundation excavations and upper garage footing excavations have been inspected to date. Excavations and steel reinforcement placement was performed in accordance with and/or exceeds the recommendations presented in our Preliminary Soils report dated June 9, 2003 (Reference Report No. 1). All interior slabs and reinforcement placement was also performed in accordance with recommendations set forth. If you have any questions, please do not hesitate to contact us. This opportunity to be of service is sincerely appreciated. Respectfully submitted �o Q R p F E S S/0" North County COMPACTION ENGINEERING, INC. �L;� a� GE 713 m d r-x 9/30/05 i, �'CHN� Ronald K. Adams Dale R. Regli F OF C p, W President Registered Civil En Geotechnical Engineer 000713 RKA:paj cc: (4) submitted NORTH COUNTY COMPACTION ENGINEERING, INC. SOIL TESTING Proposed Twin Homes Cambridge Avenue No Scale Encinitas, California a Sj;tic tank — t14 and . ' compacted IL' 6 15 If 9 6 �--- 1 18 3 i ? III 83 i 3 II r I II 181 I � 3 79 � '.a 174 NOTE: Compaction tests are delineated in red TEST LOCATION SKETCH PROJECT NO . CE- 6 916 PLATE NO. ONE NORTH COUNTY COMPACTION ENGINEERING, INC. TABULATION OF TEST RESULTS Test # Date Horizontal Vertical Field Moisture Dry Density Soil Percent of Location Location % Dry Wt. LB Cu. Ft. Type Compaction 5 06/24/05 See 178.0 10.6 119.7 I 93.5 6 Plate 179.0 09.7 124.0 I 96.8 7 One 178.0 10.6 122.7 I 95.8 8 06/29/05 179.0 09.6 124.7 I 97.4 9 181.0 10.2 121.7 I 95.0 10 181.0 09.8 126.3 I 98.6 11 07/06/05 179.0 08.9 118.5 I 92.5 12 179.0 11.8 119.7 1 93.5 13 180.5 11.5 115.5 I 90.2 14 07/08/05 182.0 09.7 119.4 I 93.2 15 183.4 RFG 10.2 121.2 I 94.6 16 183.4. RFG 08.9 122.5 I 95.7 REMARKS: RFG = Rough Finish Grade Test No.'s 1 thru 4 are presented in our Referenced Report No. 2 OPTIMUM MOISTURE/MAXIMUM DENSITY SOIL DESCRIPTION TYPE MAX. DRY DENSITY OPT. MOISTURE (LB. CU. FT) (% DRY WT) Brown Orange Silty Sand I 128.0 09.7 PROJECT NO. CE -6916 PLATE NO. TWO NORTH COUNTY COMPACTION ENGINEERING, INC. PRELIMINARY SOILS INVESTIGATION FOR PROPOSED TWIN HOMES 2061 CAMBRIDGE AVENUE ENCINITAS, CALIFORNIA S EP 2 9 2X0 PREPARED FOR J. W. MILLETT CONSTRUCTION P. O. BOX 1268 SAN MARCOS, CA 92079 JUNE 9, 2003 PROJECT NO. CE -6916 NORTH COUNTY COMPACTION ENGINEERING, INC. June 9, 2003 Project No. CE -6916 J. W. Millett Construction P. O. Box 1268 San Marcos, CA 92079 SUBJECT: Preliminary Soils Investigation Proposed Twin Homes 2061 Cambridge Avenue Encinitas, California Dear Mr. Millett: _ In response to your request, we have performed a Preliminary Soils Investigation for the subject project. The purpose of our investigation was to evaluate the suitability of the site for the proposed development and make recommendations with regard to site grading and foundation design. Briefly, our investigation revealed favorable soil conditions and in our opinion, the site is suitable for the proposed development, provided recommendations set forth in the attached report are adhered to. If you have any questions, please do not hesitate to contact us. This opportunity to be of service is sincerely appreciated. Respectfully submitted, FESS /p North County ��`l �� R. RF COMPACTION ENGINEERING, INC. �i GE 713 m xp. 9/30105 O tEcNN� G � Ronald K. Adams Dale R. Regli -�T President Registered Civil �t F � Geotechnical Engineer 000713 RKA:paj cc: (4) submitted P. 0. BOX 302002 EOCON0100, CA 92030 " (760)480 -1116 FAX (760)741 -6568 NORTH COUNTY COMPACTION ENGINEERING, INC. TABLE OF CONTENTS Page _ 1.) Purpose and Scope 1 2.) Location and Description of Site 1 3.) Field Investigation 1 4.) Soil Conditions 2 5.) Laboratory Soil Testing 2 6.) Recommendations and Conclusions 3 A.) Grading 3 B.) Foundations 5 C.) Slopes 6 D.) Retaining Walls 6 E.) Estimated Paving Sections 7 F.) Seismic Design Considerations 7 G.) Review of Grading Plan 7 7.) Uncertainty and Limitations 7 APPENDIX Appendix A: Exploration Legend & Unified Soil Classification Chart Plate No. One Test Pit Location Plan Plate No. Two thru Four Exploration Logs Plate No. Five Tabulation of Test Results Appendix B: Recommended Grading Specifications NORTH COUNTY COMPACTION ENGINEERING, INC. Project No. CE -6916 Page 1 1. PURPOSE AND SCOPE The purpose of the investigation was to determine if the site is suitable for the proposed twin homes. The scope of the investigation was to: A. Determine the physical properties and engineering characteristics of the surface and subsurface soils. B. Provide design information with regard to grading, site preparation, and foundation design of the proposed structure(s). 2. LOCATION AND DESCRIPTION OF SITE The site is located at 2061 Cambridge Avenue in the City of Encinitas, California. The 50 foot X 100 foot rectangular shaped lot is bordered by single family dwellings to the north and south, an alley to the east and Cambridge Avenue to the west. Site topography consists of a predominantly flat lot that slopes gently downhill to the west, day - lighting into the top of an existing 6 foot high cut slope located adjacent to Cambridge Avenue. The total difference in elevations at the property varies between 112 feet MSL and 105 feet MSL (top of cut slope). The toe of the cut slope adjacent to Cambridge Drive is at an approximate elevation of 99 feet MSL. — The site is presently occupied with a small single family dwelling and shed. The property is generally landscaped with lawns, planters, shrubs, gravel driveways and concrete walkways. Off -site retaining walls parallel both the north and south property lines and descend to pad elevations of the adjacent properties (6 feet to 10 feet below the subject site). 3. FIELD INVESTIGATION The field investigation was performed on May 30, 2003 and included an inspection of the site and the excavation of three exploratory trenches, with a backhoe to depths of 9 feet. Location of test pits are shown on the attached Plate No. One, entitled "Test Pit Location Plan ". NORTH COUNTY COMPACTION ENGINEERING, INC. Project No. CE -6916 Page 2 As excavation proceeded, representative bulk samples were collected. In place natural densities and moisture contents were determined at different depths in the excavations and are included on Plate No.'s Two through Four. Subsequent to obtaining soil samples, our exploratory — excavations were backfilled. 4. SOIL CONDITIONS Loose surficial soils (silty - sands) consisting of plowed ground/old fill were found to be 2 feet, 1' /Z feet and 1 foot in depth in Test Pit No.'s One, Two and Three, respectively. Underlying native soils to depths explored were dense cemented silty- sandstones of the Coastal Terrace Formation. On -site soils were found to have an expansion index of less than 5 and are classified as being "very low" in expansion potential. Groundwater was not encountered at the time of our investigation, nor did caving of exploratory trenches occur. In addition, due to the dense nature of the underlying sandstone formation at the site, it is our opinion, soil liquefaction is unlikely to occur in the event grading is performed in accordance with the recommendations set forth in this report. 5. LABORATORY SOIL TESTING All laboratory test were performed on typical soils in accordance with accepted test methods of the American Society for Testing and Materials (ASTM). -- Tests conducted include: A). Optimum Moisture & Maximum Density (ASTM D -1557) B). Direct Shear (Remold) (ASTM D -3080) Q. Sieve Analysis (ASTM D -421) D). Field Density & Moisture (ASTM D -1556) E). Expansion Potential (FHA Standard) Test results are tabulated on the attached Plate No.'s Two through Five entitled "Exploration Log" and "Tabulation of Test Results ". noRTH COMM COMPACTION ENGINEERING, INC. Project No. CE -6916 Page 3 - 6. RECOMMENDATIONS AND CONCLUSIONS General It is our understanding, the proposed dwellings will consist of split -level two -story wood frame construction supported upon block masonry sub - terrain basement walls with concrete slab floorings. The planned basement floor elevation will be approximately 1 foot above the adjacent street grade on Cambridge Avenue. In our opinion, the site is suitable for the proposed twin homes. Recommendations presented in this report should be incorporated into the planning, design and construction phases of the subject project. 6A. Grading General -- It is our understanding, Phase I site grading will consist of excavating for the sub - terrain basements approximately 1 foot above the adjacent street grade. Phase II grading will consist of backfilling the exterior perimeters of the basement walls subsequent to their construction. The majority of on -site soils will be exported. Remaining soils will be stockpiled on site for backfilling of walls. Due to the planned depths of on -site excavations and deepened footings that will be required for the upper garage footings to avoid surcharge to the neighbors descending retaining walls, it is our opinion the entire structure(s) will bear into firm native ground. Therefore, we do not anticipate structures will be traversed by a transition from cut to fill. All grading should be performed in accordance with the City of Encinitas Grading Ordinance and the Recommendations /Specifications presented in this report. Subsequent to site demolition, the excavation process for the proposed basements may begin. Temporary slopes should be constructed and maintained in accordance with the recommendations presented herein. In the event temporary slopes cannot be constructed in accordance with the recommendations presented in this report, shoring of temporary slopes may be required. We should be contacted to supervise grading operations during the entire excavation process. In addition, all basement wall backfill operations, placement of wall drains, and any placement of fill soil (if required) should be inspected and/or tested by our firm. If filling is required, we should be contacted to assure firm native ground is exposed and properly prepared prior to placement of fill. Firm native ground may be determined as undisturbed soil having an insitu density of greater than ninety percent (90 %) of maximum dry density. NORTH COUNTY COMPACTION ENGINEERING, INC. Project No. CE -6916 Page 4 If required, prior to constructing fill slopes, shear keys should be excavated a minimum of 1 foot into firm native ground, inclined back into slope, and have a minimum width of 15 feet. We should be contacted to document keyways were properly constructed prior to placing fill. All fill soils and/or retaining wall backfill soils generated from earthwork construction should be placed in conformance with the attached Appendix `B' entitled, "Recommended Grading Specifications ". If required, soils to be imported should be non - expansive (less than 2% swell) and granular by nature, having strength parameters equal to or greater than the prevailing on -site soils. We should be contacted to inspect an/or test imported soils prior to hauling then on -site to assure they will be suitable for the proposed construction. Particles of asphalt and concrete debris, having a diameter of greater than 6 inches, will not be suitable fill material and should be separated from fines during grading and hauled off -site. If encountered, leach lines and/or pipes should be removed. Concrete pipes may be crushed in place. Trench lines should be recompacted in accordance with Appendix V. Proposed slopes to be retained have been tested for temporary stability in accordance with guidelines presented by CAL -OSHA. Direct shear tests have been conducted and their results are presented on attached Plate No. One. The results indicate a 5 foot vertical slope with 6 feet of sloping surcharge at a maximum ratio of 1:1 should be stable with relation to deep seated failure for a period of 60 days. Should construction of walls lapse beyond the indicated time, we should be contacted to update the site conditions. The prevailing on -site soils may be used for backfill. Subsequent to the construction of walls, they should be properly water proofed and provided with sub - drains behind and at the base of wall. Drains should consist of Miradrain 6000 and/or its equivalent. Drain construction should be in accordance with the manufacturers specifications. If grading is performed as planned, the entire structure(s) will bear upon firm native ground. Therefore, the possibility of differential settlement across the structure will be reduced. We anticipate total and/or differential settlement will be within tolerable limits. Less than 3/4 inch total static settlement and 3/8 inch differential movement is expected. NORTH COUNTY COMPACTION ENGINEERING, INC. Project No. CE -6916 Page 5 6B. Foundations General On -site soils are comprised of non - expansive sandy -soils with above average strength parameters. However, garage footings at the upper pad elevations will be located near the — neighbors descending property line retaining walls. Therefore, to avoid surcharge to the neighbors retaining walls, garage footings will need to be deepened. — For One- and Two -Story Construction: All continuous footings should have a minimum width of 15 inches and founded a minimum depth of 18 inches below lowest adjacent grade. An allowable soil bearing pressure of 2500 pounds per square foot may be utilized. For Three -Story Construction (If Required): Continuous footings having a minimum width of 18 inches and founded a minimum of 24 inches below lowest adjacent grade will have an allowable soil bearing pressure of 3000 pounds per square foot. Isolated square footings having a diameter of 24 inches and founded a minimum depth of 24 inches below lowest adjacent grade will have an allowable soil bearing pressure of 2500 pounds per square foot. All continuous footings are to be reinforced with one #5 bar top and bottom. Steel should be positioned 3 inches above bottom of footing and 3 inches below top of footing. Interior slabs should be a minimum of 4 inches thick and reinforced with #3 bars on 18 inch centers, both ways at mid -point of slab thickness. Slab underlayment should consist of 4 inches of washed concrete sand with a visqueen moisture barrier installed at mid -point of sand (2 inches sand, visqueen, 2 inches sand). Sand should be tested in accordance with ASTM D -2419 to insure a minimum sand equivalent of 30. Foundation set -backs from top of slopes should be a minimum of 8 feet. If this cannot be achieved, footings near or on adjacent slopes should be founded at a depth such that the horizontal distance from the bottom outside edge of footing to the face of the slope is a minimum of 8 feet. NORTH COUNTY COMPACnON ENGINEERING, INC. Project No. CE -6916 Page 6 Garage footings will need to be deepened to avoid surcharge to the neighbors property line retaining walls. Footings should be deepened such that an imaginary line at 45 degrees measured from the bottom outside edge of the garage footing intersects below or at the base of the off -site property line regaining walls. For example: a garage footing located 5 feet from the top of a 10 foot high descending wall would require a 5 foot deep footing to avoid surcharge to the adjacent wall. Continuous footings deepened greater than 3 feet may require vertical steel reinforcement recommendations per the project structural engineer. In lieu of deepening the entire continuous footing, the project structural engineer may choose to design a grade beam and drilled pier system to compensate for the property line condition. Prior to pouring of concrete, North County COMPACTION ENGINEERING, INC. should be contacted to inspect foundation recommendations for compliance to those set forth. 6C. Slopes (If Required) Cut and compacted fill slopes constructed to maximum heights of 10 feet with maximum slope ratios of 2:1 (horizontal to vertical units) will be stable with relation to deep seated failure, provided they are properly maintained. During grading, positive drainage away from top of slopes should be provided. Subsequent to completion of grading, slopes should be planted as soon as possible with light groundcover indigenous to the area. 6D. Retaining Walls For static conditions, the prevailing soils will have an allowable equivalent passive fluid pressure of 425 psf, increasing 425 psf per foot in depth. Allowable pressures assume walls are backfilled with a non - expansive sand a distance behind the wall equivalent to two - thirds the retained height. Allowable active pressures may be assumed to be equivalent to the pressure of a fluid weighing 31 pcf for unrestrained walls. These values assume a vertical, smooth wall, and a level, drained backfill. Should these conditions not be met, we should be contacted for new values. Allowable active pressures for restrained walls may be assumed to be equivalent to the pressure of a fluid weighing 31 pcf, plus an additional uniform lateral pressure of 8H. H= height of retained soils above top of wall footing in vertical feet. Allowable active pressures for retaining walls with 2:1 inclinations of sloping surcharge may be assumed to be equivalent to a pressure of fluid weighing 45 pcf. NORTH COUNTY COMPACTION ENGINEERING, INC. Project No. CE -6916 Page 7 The coefficient of friction of concrete to soil may be assumed to be .45 for resistance to horizontal movement. 6E. Estimated Paving Section Structural section for asphaltic paving for the proposed driveways and parking area are based on an estimated R -Value of 50. The following section is provided for bid purposes only. Actual sections should be determined subsequent to completion of grading operations. Assumed Traffic Index = 4.5 (Light Vehicular Traffic) 2 1 /2 inches of asphaltic paving on 4 inches of select base coarse on 12 inches of recompacted native subgrade. All materials and construction for asphaltic paving and base should conform to the Standard Specifications of the State of California Business and Transportation Agency, Department of Transportation, Sections 39 and 26, respectively. Class II base material should have a minimum R -Value of 78 and a sand equivalent of 30. All materials should be compacted to a minimum of ninety -five percent (95 %). Rigid Concrete Paving: 4 inches of concrete reinforced with #3 bars on 18 inch center, both ways, on 12 inches of recompacted native subgrade to a minimum of 95% of maximum dry density. NOTE: All concrete should have a minimum compressive strength of 3250 psi. 6F. Seismic Design Considerations (Soil Parameters) A.) Soil Profile = SC (Table 16 -J of the 1997 Uniform Building Code) B.) Type `B' Fault (Rose Canyon) C.) Distance = 4 km (California Department of Conservation, Division of Mines and Geology [maps], in conjunction with Tables 16 -S and 16 -T of the 1997 Uniform Building Code) — G. Review of Grading Plan Approved site and grading plans were not available at the time of our investigation. Therefore, NORTH COUNTY COMPACTION ENGINEERING, INC. Project No. CE -6916 Page 8 upon their completion, we should review them to assure compliance with the recommendations .- presented in this report. Preliminary Plans used during our investigation were prepared by J. W. Millett Construction, — Inc. 7. UNCERTAINTY AND LIMITATIONS Surface and subsurface soils are assumed to be uniform. Therefore, should soils encountered during construction differ from those presented in this report, we should be contacted to provide their engineering properties. It is the responsibility of the owner and contractor to carry out recommendations set forth in this report. During our investigation of the subject site, evidence of faulting was not encountered. Subsequent to review of available geologic literature, we feel any faulting in the vicinity of the site may be classified as inactive. However, it should be noted that San Diego County is located in a high seismic area with regard to earthquake. Earthquake proof projects are economically unfeasible. Therefore, damage as a result of earthquake is probable and we assume no liability. We assume the on -site safety of our personnel only. We cannot assume liability of personnel other than our own. It is the responsibility of the owner and contractor to insure construction operations are conducted in a safe manner and in conformance with regulations governed by CAL -OSHA and/or local agencies. Should you have any questions, please do not hesitate to contact us. This opportunity to be of service is sincerely appreciated. Respectfully submitted, � Q ua F E S si q North County R. RF F2 COMPACTION ENGINEERING, INC. C .0 G E 713 �� 2 ,— m cr Exp 9130/05 i * Q y K L C \G Q Ronald Adams Dale R. Regli yT�CHN President Registered Civil 6&& Geotechnical Engineer 13 RKA:paj cc: (4) submitted NORTH COUNTY COMPACTION ENGINEERING, INC. EXPLORATION LEGEND UNIFIED SOIL CLASSIFICATION CHART SOIL DESCRIPTION GROUP SYMBOL TYPICAL NAMES I. COARSE GRAINED: More than half of material is larger than No. 200 sieve size. GRAVELS CLEAN GRAVELS GW Well graded gravels, gravel -sand _ More than half of coarse fraction mixtures, little or no fines. is larger than No. 4 sieve size, but smaller than 3 ". GP Poorly graded gravels, gravel sand mixtures, little or no fines. GRAVELS WITH FINES GM Silty gravels, poorly graded gravel- _ (Appreciable amount of fines) sand -silt mixtures. GC Clayey gravels, poorly graded gravel -sand, clay mixtures. SANDS CLEAN SANDS SW Well graded sand, gravely sands, More than half of coarse fraction little or no fines. is smaller than No. 4 sieve size. SP Poorly graded sands, gravely sands, little or no fines. SANDS WITH FINES SM Silty sands, poorly graded sand and (appreciable amount of fines) silt mixtures. SC Clayey sands, poorly graded sand and clay mixtures. II. FINE GRAINED: More than half of material is smaller than No.200 sieve size. SILTS AND CLAYS ML Inorganic silts and very fine sands, rock flour, sandy silt or clayey - silt -sand mixtures with slight plasticity. Liquid Limit CL Inorganic clays of low to medium less than 50 plasticity, gravely clays, lean clays. OL Organic silts and organic silty clays of low plasticity. SILTS AND CLAYS ME Inorganic silts, micaceous or diatomaceous find sandy or silty soils, elastic silts. Liquid Limit CH Inorganic clays of high plasticity, greater than 50 fat clays. OH Organic clays of medium to high plasticity. HIGHLY ORGANIC SOILS PT Peat and other highly organic soils. US - Undisturbed, driven ring sample or tube sample CK - Undisturbed chunk sample BG - Bulk sample V - Water level at time of excavation or as indicated APPENDIX `A' NORTH COUNTY COMPACTION ENGINEERING, INC. SOIL TESTING & INSPECTION SERVICES TEST PIT LOCATION PLAN Proposed Twin Home Cambridge Avenue - Encinitas, CalifornJ y APPROX. SCALE T { 1" = 12' Test; T it lPit d Ir #3 t I I q I Au Y' I �COf 0 Tes Pit #2 x� a b - -- p - y a 1 § ►_- III � I i I I li Y I i I y I 6" I I I I I I Test YI -Y ®Pit I Y r 1 - -,,� J— - s�o CAMBRIDGE AVENUE i _ PROJECT NO. CE -6916 PLATE NO ONE NORTH COUNTY COMPACTION ENGINEERING, INC. EXPLORATION LOG PROJECT NAME: Cambrfdize Avenue, Encinitas DATE LOGGED: 05/30/03 ELEVATION: Existing Grade TEST PIT NO. ONE Depth Sample Dry Moisture Passing Sample Soil Description & Remarks (Feet) Type Density Content #200 Depth Classi- (pcf) ( %) Sieve fication SM Tan, Dry, Loose, Silty -Sand 1- (Plowed Ground / Old Fill) (To Be Undercut by Basement Excavation) 2 - ------------------------ — ------------------------------------- - CK 115.6 6.2 2.5' SM Brown Orange, Humid, Very Dense, Silty- Sandstone 3- (Firm Native - Coastal Terrace Formation) 4- 5- 6- (Approximate Proposed Basement Floor Elevation) 7- BG 121.3 6.1 18.9 T CK 8 - --- - - - - -- ----- - - - - -- ----- - - - - -- --- - - - - -- -- - - - - -- ---- - - - - -- --------------------------------------------------- Bottom of Test Pit PROJECT NO. CE -6916 PLATE NO. TWO NORTH COUNTY COMPACTION ENGINEERING, INC. EXPLORATION LOG PROJECT NAME: Cambridge Avenue, Encinitas DATE LOGGED: 05/30/03 ELEVATION: Existing Grade TEST PIT NO. TWO Depth Sample Dry Moisture Passing Sample Soil Description & Remarks (Feet) Type Density Content #200 Depth Classi- (pcf) ( %) Sieve fication SM Brown Tan, Dry, Loose, Silty -Sand (Plowed Ground / Fill) (To BeUndercut 1- by Basement Excavation) SM Brown Orange, Humid, Very Dense 2- Silty- Sandstone 3- (Firm Native - Coastal Terrace Formation) 4- 5- 6- 7- 8- CK 119.9 9.7 18.3 8' (Approximate Basement Floor Elevation) 9 - -- - - - - -- ---- - - - - -- ------ - - - - -- ---- - - - - -- ---- - - - - -- ---- -- ----------------_--_--__________-----___— Bottom of Test Pit PROJECT NO. CE -6916 PLATE NO. THREE NORTH COUNTY COMPACTION ENGINEERING, INC. EXPLORATION LOG PROJECT NAME: Cambridge Avenue, Encinitas DATE LOGGED: 05/30/03 ELEVATION: Existing Grade TEST PIT NO. THREE — Depth Sample Dry Moisture Passing Sample Soil Description & Remarks (Feet) Type Density Content #200 Depth Classi- (pcl) ( %) Sieve fication SM Brown, Moist, Loose, Silty -Sand (Plowed Ground / Fill) 1- ----- - - - - -- ------- — -------- — ---------------------------------- CK 116.2 11.7 1.5 SM Orange Grey, Moist, Dense Silty- Sandstone 2- (Firm Native - Coastal Terrace Formation) 3- ----- - - - - -- ----- - - - - -- ------ - - - - -- ---- - - - - -- ---- - - - - -- ----- - - - - -- ------------------------------------------------- Bottom of Test Pit 4- PROJECT NO. CE -6916 PLATE NO. FOUR NORTH COUNTY COMPACTION ENGINEERING, INC. TABULATION OF TEST RESULTS OPTIMUM MOISTUREIMAXIMUM DENSITY SOIL DESCRIPTION TYPE MAX. DRY DENSITY OPT. MOISTURE (LB. CU. ED (% DRY WT) Brown Orange Silty- Sandstone P1 @ 7' 128.0 09.7 EXPANSION POTENTIAL SAMPLE NO PI @7' CONDITION Remold 90% INITIAL MOISTURE ( %) 9.4 AIR DRY MOISTURE ( %) 3.0 FINAL MOISTURE ( %) 13.6 _ DRY DENSITY (PCF) 115.2 LOAD (PSF) 150 SWELL ( %) .000 EXPANSION INDEX Less than 5 DIRECT SHEAR SAMPLE NO, PI n. 7' CONDITION Remold 90% ANGLE INTERNAL FRICTION 32 COHESION INTERCEPT (PCF) 250 PROJECT NO. CE -6916 PLATE NO. FIVE NORTH COUNTY COMPACTION ENGINEERING, INC. RECOMMENDED GRADING SPECIFICATIONS - (General Provisions) 1. INTENT The intent of these specifications is to provide procedures in accordance with current standard practices regarding clearing, compacting natural ground, preparing areas to receive fill, and placing and compacting of fill soil to the lines, grades, and slopes delineated on the project plans. Recommendations set forth in the attached "Preliminary Soils Investigation" report or special provisions are a part of the "Recommended Grading Specifications" and shall supercede the provisions contained hereinafter in case of conflict. 2. INSPECTION & TESTING A qualified Soils Engineer shall be employed to inspect and test the earthwork in accordance with these specification and the accepted plans. It will be necessary that the Soils Engineer or his representative be allowed to provide adequate inspection so that he may certify that the work was or was not accomplished as specified or indicated. It shall be the responsibility of the contractor to assist the Soils Engineer and to keep him appraised of work schedules, changes, _ new information and dates, and new unforeseen soils conditions so that he may make these certifications. If substandard conditions (questionable soils, adverse weather, poor moisture control, inadequate compaction, etc.) Are encountered, the Soils Engineer will be empowered to either stop construction until conditions are remedied or recommend rejection of the work. Soil tests used to determine the degree of compaction will be performed in accordance with the following American Society for Testing and Materials (ASTM) test methods: *Maximum Density & Optimum Moisture Content (ASTM D- 1557 -78) * Density of Soil In -Place (ASTM D -1556 or ASTM D -2922 & 3017) 3. MATERIALS Those soils used as fill will have a minimum of forty percent (40 %) passing a #4 sieve. They will be free of vegetable matter or other deleterious substances and contain no rock over 6 _ inches in size. Should unsuitable material be encountered, the Soils Engineer will be contacted to provide recommendations. APPENDIX `B' NORTH COUNTY COMPACTION ENGINEERING, INC. - 4. PLACING AND SPREADING OF FILL The selected fill material shall be placed in layers which when compacted will not exceed 6 inches in thickness. Each layer shall be spread evenly and shall be thoroughly blade mixed during the spreading to insure uniformity of material in each layer. When moisture content of the fill material is below that recommended by the Soils Engineer, _.. water shall then be added until the moisture content is as specified to assure thorough bonding during the compacting process. When the moisture content of the fill materials is above that recommended by the Soils Engineer, the fill material shall be aerated by blading or other satisfactory methods until the moisture content is as specified. 5. COMPACTION After each layer has been placed, mixed, and spread evenly, it shall be thoroughly compacted to not less than ninety percent (90 %) relative compaction. Compaction shall be by sheepsfoot — rollers multiple -wheel pneumatic tired rollers or other types of rollers. Rolling shall be accomplished while the fill material is at the specified moisture content. Rolling each layer shall be continuous over it's entire area and the roller shall make sufficient trips to insure that the desired density has been obtained. The fill operation shall be continued in 6 inch compacted layers, or as specified above, until the fill has been brought to the finished slopes and grades shown on the project plans. 6. WALL BACKFILL _ Backfill soils should consist of non - expansive sand, Compaction should be achieved with light hand -held pneumatic tampers to avoid over compaction and hence cause structural damage. Wall backfill should be compacted to a minimum of ninety percent (90 %) of maximum density. 7. TRENCH BACKFILL All trench backfill located within structural areas should be compacted to a minimum of ninety percent (90 %) of maximum density. APPENDIX `B' ycC..., ' — • —�. ems( 0 03 'L RING T -pWCES E�+����EE CITY Of ENCi VITAS HYDROLOGY & HYDRAULIC ANALYSIS AND DESIGN Dated 8 -20 -2003 Lot Grading for Lots 31 & 32 Map 1334 City of Cardiff GP Prepared by ALTA VISTA ENGINEERING 969 Vale Terrace Dr., Ste. A Vista, CA. 92084 Ph. 760- 758 -3955 c tF EU,`;�i�G [[-- JL Hydrology and Hydraulic Analysis and Design For: Terry & Carol McCaleb 300 Carlsbad Village Dr. Suite 108a Carlsbad, CA Site: 2061 Cambridge Ave. Cardiff, CA Site Legal: Lots 31 & 32 Map No. 1334 A. P.N. 260- 391-42 Site Coordinates: Longitude: 117 18' Latitude: 33 03' Drainage Characteristics: Gently sloping hillside between Cambridge Ave. and alleyway. Existing site improvements consist of an older residence and shed to be removed. Site terrain slopes at 5 to 8% westerly to a 4 -foot high slope embankment on the easterly side of Cambridge Ave. The natural site drainage is by sheet flow. Site intercepts and conveys sheet flow drainage from lots easterly of alleyway and westerly of Edinburg to Cambridge Ave. Storm Drainage Provisions: Storm waters from small drainage tributary areas above the subject project, easterly of the alleyway and westerly of Edinburg, will be intercepted by 4" strip drain in the garage aprons. That drainage along with minor roof and area drainage will be conveyed to Cambridge Ave. by a 6" PVC drainpipe on each lot. An embedded cobble concrete apron energy dissipater will dissipate the velocity of flow from the drainpipe before entering the edge of pavement swale /gutter line along Cambridge Ave. No adverse effects are anticipated at the proposed discharge points. Hydrology Precipitation: 24 hour precipitation = 4.0 inches / hour = P24 6 hour precipitation = 2.5 inches / hour = P8 P6 / P24 = .621 Time of concentration: For small drainage tributary areas: use time of concentration of 10 minute minimum.✓ Rainfall intensity for 100 year storm: I = 4.15 inches / hour Soil type: "D% Runoff coefficient: Multi-units C = 0.70, Residential C= 0.58 Preconstruction Drainage Drainage sector* Area (acres) C* Q 100 (CIA) T,(Min.) I ("/Hr.) B 0.36 0.68 1.02 10.0 4.15 D 0.39 0.68 1.10 10.0 4.15 Total Preconstruction Discharge at Cambridge Ave discharge = 2.12 c.f.s. (B +D) * Runoff coefficient weighted for Preconstruction drainage (existing site residential) Postconstruction Drainage Drainage sector Area ( acres) C Q 100 ( CIA) T,(Min.) I ( "Mr.) A 0.32 0.70 0.93 c.f.s. 10.0 4.15 B 0.36 0.70 1.04 10.0 4.15 C 0.35 0.70 1.01 10.0 4.15 D 0.39 0.70 1.13 10.0 4.15 Note: A is a subarea of B and C is a subarea of D Total Postconstruction Discharge at Cambridge Ave. = 2.17 c.f.s. (B +D) Change in Drainage Characteristics The proposed development of lots 31 and 32 into two separate residential units from the existing residential dwelling will change the drainage discharge for a 100 -year storm frequency by an increase of 2 %. This minor increase is insignificant and no migration devices are warranted. Construction Best Management Practices (BMPs) Construction stormwater prevention and pollution plan and erosion control plans are prepared as part of the grading plan. The erosion control plan incorporates the use of the following BMP's: 1. Gravel bags for desiltation basins and velocity reduction check dams. 2. Stabilized construction entrance to contain earth and dust from leaving the site during construction. 3. Silt fence will be deployed in graded or disturbed areas prior to establishment of landscaping. 4. Erosion control mats or blankets will be utilized until slope plantings are established. Materials storage, hazardous waste and sanitation issues are specified. CAMBRIDGE LOTS DRAINPIPE Worksheet for Circular Channel Project Description Project File c:\haestad\fmw\cambridg.fm2 Worksheet 6" PVC DRAINPIPE Flow Element Circular Channel Method Manning's Formula Solve For Channel Depth Input Data Mannings Coefficient 0.009 Channel Slope 0.020000 ftlft Diameter 6.00 in Discharge 1.13 cfs Results r Depth 0.40 ft = y, 0 Flow Area 0.17 ftz Wetted Perimeter 1.12 ft Top Width 0.39 ft Critical Depth 0.48 It Percent Full 80.72 Critical Slope 0.017010 fttft Velocity 6.65 ftls Velocity Head 0.69 ft Specific Energy 1.09 ft -� Froude Number 1.79 —� Maximum Discharge 1.23 cfs �I ��' /pYC 7, m� Full Flow Capacity 1.15 cfs Full Flow Slope 0.019441 ftfft I , Flow is supercritical. 08/22/03 FlowMaster v5.15 08:40:38 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755 -1666 Page 1 of 1 Alfa Vista Engineering Civil f ngineers and land Planners :7 c- - - -- - . - - - -- - - - — -- — _ — -- - - - own -- - - F - 7- VL — 13 .fir " — — — — — — —a -- — F•� • / - / co co CN dL— Lw �"'S it �� �'• / I �� I+ o 02 �. � �_ V r - � : /j _ ��� ` ••� \ ^''� m .� \V cn CN l U , r o _ '�- a u U v CY, z ^ J Q < Z V } C c7 LLJ C N 0 0 z U- -j a o N U1 O 111 U1 L• G 0 O w O p U of J o G < s Z Q O L m Q- C> 0 n O w J F w u 40 U- < F U U N natri ceci i /8S APPENDIX XI -H OU LIN Ln CD r Q / arm � .. ' � -.� � /;- .�� -r • 1 L•7 --- � J f � ; C'�� +.� • / i ( � \ _ •--+ C �,,, f ° ` _ M L=° � a :� �•^ C.� r �-� ` �` �"" 1 1 1 n \ ` � O" ! LA- Ito I / ' L•' l j M `° 1 uo Lam.. �- _ .• ' � - �� t�� n UQ I s t .� C o �, k \'� T \� Ltd. y on - z = L; O m 0 < H 3 < . r U = z f„ 7 O Lr1 L cm < <z Ub 0 U } LLi D V) t+� lf1 a C< U M � r z V Z < u c:> J cn fy Q O O M o O J O tt Z ~ vj C) cJ O UJ O z N O w -i < J v Q z uz uz u w C6 oo..; sofa /RS f,.APENDIX XI -E- INTENSITY-DUMTION DESIGN CHART - 1ATMr,fF T 14 rn lT rilrT�- rr�ti= — .6 •. _ I _ t 9 • _ = I- 1 Equation: I = 7.44 P D L 3 x - - _ I = Intensity (In./Hr.) P = 6 Hr. Precipitation (In.) _ 1 i I I ' � f�l ` I D - Duration (Min.) T � i l I II ill I �� i :�� � �; _ - .t !• � i. I !i! ��it i - � �I II �!• i ' , (I i ll,' , , � - _ - _ =� t �_ � C71 2. I I� tilt I rD tl ( �I _ _ i I i 1..j! ii' !tl, l I I I ICI _ ��. ! _ 1 } ;�: 6.0 �. I S_ 1 1 , I I i, I � I - I .� - l..r 1_�. i.{ I L ' t S . 5 0 ,9 5.0 - } I ( l I I ! ( I .4.5 �. CU ! fill 3 5 In rD f - - T - _ - ,- rl i CD 2. _ _ Q- — — - - - - -- -- 1.5 CO - - I it I X 10 15 20 30 40 50 1 2 3 4 5 6 Minutes Duration Hours H 1 "JP10- . - i ': ! i ' 7 L. � J Recording Requested by: f I 1 1 Ll City Engineer When Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDERS USE COVENANT REGARDING REAL PROPERTY WAIVER OF PROTEST TO ASSESSMENTS Assessor's Parcel Number: 260-39142 Project No. 02-069 CDP, 1402-G A. Terry McCaleb and Carol McCaleb, ("OWNER" hereinafter) is the owner of real property which is commonly known as 2472 Montgomery Avenue, ("PROPERTY" hereinafter) and which is legally described as in Exhibit A attached hereto and made a part hereof. B. In consideration of CDP 02-069 OWNER hereby covenants and agrees for the benefit of CITY, to do the following: No protest shall be made by the owners to any proceedings for the installation or acquisition of street improvements, including undergrounding of utility lines, under any special assessment 1911 or the Municipal Improvement Act of 1913, or any other applicable state or local law, and whether processed by the City of Encinitas or any other governmental entity having jurisdiction in the matter and for the purposes of determining property owners support for same. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER!s duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incurs costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. F. Failure of the OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon OWNER!s satisfaction of OWNER!s duties and obligations contained herein, OWNER may request and CITY shall execute a "Satisfaction of Covenant". H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: r OWNER�� Dated BL-f • A UXAw0IDf Date Te cCaleb d �� � oZS• D �V� � Carol McCaleb (Notarization of OWNER signature is attached) CI OF N TAS Dated by - (Notarizat on not required) Peter Cota- Robles Director of Engineering Services CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT fi? State of California r (� ss. County of t ltT On ff� V) d ) before me, Date Name nd Till of Officer (e.g., "Jane D , Notary ublic ") personally appeared, �! Name(s) of Signer(s) ❑ personally known to me proved to me on the basis of satisfactory �S evidence S to be the person) whose name('( is /area subscribed to the within instrument and acknowledged to me that he /sWoAh executed CLAUDKA lNrGHIMA the same in his /h@M4c+rr authorized 5 � Cp1M11Iiiido 1 # 1446064 capacityjjW, and that by his /hm,'t reir r; Nolary PUM - Cdlomip signature(a' on the instrument the person(d), or I SMONWCOU* the entity upon behalf of which the person(so 2, WCaeMWiDplwMOaiil, acted, executed the instrument. Z W ;�ESS my ha than al s I. AA Signature of Notary Public OPTIONAL F" Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent (� fraudulent removal and reattachment of this form to another document. 5 Description of Attached D current Title or Type of Document: 40 Rb Document Date: (Jtr /� Number of Pages: i t Signer(s) Other Than Named Above: CYAM I Le- Capacity(ies) Claimed by Signer � Signer's Name: El Individual Top or thumb Here V ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800- 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT r; �>; State of Calif is A ss. County of On before me, Date N e and Title of Officer (e.g., "Jane Doe, ota Public ") personally appeared C 5 Tame(s) of Signers)� personally known to me )Kproved to me on the basis of satisfactory evidence 6 to be the person(s) whose name(A is /are- 3 subscribed to the within instrument and acknowledged to me that he /she /they executed the same in l*/her /t4o4 authorized dMUDIll capacity4so, and that by -h�6 /her /tke+i �,�� signature(s) on the instrument the person(*j, or I I OftVA -Caumm the entity upon behalf of which the person(*) I=01 WC=* acted, executed the instrument. *ConMe. �Odla. 2 ESS micial eal. I �I Pu c .y OPTIONAL Though the information below is not required by law, 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 Attache D cutnent Title or Type of Document: d Document Date: Number of Pages: Signer(s) Other Than amed Above: ry , c c, 2 ;S Capacity(ies) Claimed by Signer Signer's Name:" 1 ` ❑ Individual Top of thumb here J ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: h h 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toli -Free 1- 800 - 876-6827 Attachment `A" Legal Description of Real Property APN 260- 391 -42 2061 Cambridge TATS 31 AND 32 IN BLOCK 39 OF CARDIFF 'A ", IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1334, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1911. M, j. IA M RU.'ORDE D DOCUMENT NUMBEIR U , Recording Requested By: GREGOR"T' J. STIF!'k C,rulu'�-fl'y: F%'[T(J�r!,�Iill.-- City Engineer SAN DIM 'COUNT'l REJ`NTR` TT When Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER' S USE COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR DRAINAGE Assessor's Parcel No.260-391-42 Project No.: CDP 02-069 Work Order: 1402-G A. Terry and Carol McCaleb, ("OWNER" hereinafter) is the owner of real property which is known as ("PROPERTY" hereinafter) and which is described as follows: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; and B. In consideration of CDP 02-069 By the City of Encinitas ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to do the following: SEE ATTACHMENT "B" 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, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY 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 OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. ACCEPT D AND AGREED: OWNER - Terry Caleb Date Carol McCaleb Date (Notarization of OWNER signature is attached.) CITY OF ENCINITAS Dated by (Notarization not required) Peter Cota - Robles Director of Engineering Services CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of Califor a ss. County of 1 On before me, Date anne d Ttle of Officer (e.g.. "Jane Doe, N ry Public ') personally appeared C { .� Name(s) of Signer(s) ❑ personally known to me � proved to me on the basis of satisfactory S r; evidence r to be the person$ whose name(A is /aw r; subscribed to the within instrument and acknowledged to me that I-e /she /t" executed the same in Ws /her /their authorized capacity*c), and that by .bis /her /their CMINMA ON" signature(K) on the instrument the person*, or QOIIII -sposo if # 14464 the entity upon behalf of which the person(§ NOIay11dC Oa�oNrp acted, executed the instrument. ?�,; M►�.�I�Eacti�. T ESS my and an ) ' I sea . Signature of No ublic t� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent removal and reattachment of this form to another document. Description of Attached D c ment Title or Type of Document: N 1 I Document Date: ffI c G75aJ Number of Pages: i, Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave- P.O. Box 2402 - Chatsworth, CA 91313 -2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1 -800 -876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California �i ss. County of�' f5 On J before me, Da Re OOC MJle of O cer (e.g., "Jane Doe. Notary ublic ") personally appeared Name s) of Signer(s) ❑ personally known to me k to me on the basis of satisfactory evidence to be the personlX) whose nameX is/&F& subscribed to the within instrument and gNN�lAl1 1 acknowledged to me that he /sheAhey executed Coffodedon # 1446054 the same in his /he ,4haix authorized — b capacityK -1), and that by his /W*4h@ r vf1�iC_C signatureA on the instrument the person(jr), or ? the entity upon behalf of which the person(, A acted, executed the instrument. ESS my hand I 1 se Signature of Notary Public ;{ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 3 Description of Attached D cument Z�i Title or Type of Document: 4)0 ale Document Date: Number of Pages: Signer(s) Other Than Named Above: Irk � Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here — Titles El Corporate Officer O : ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 1 Signer Is Representing:ji © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsvvonh, CA 91313 -2402 • — nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1- 800.876 -6827 Attachment `A" Legal Description of Real Property APN 260- 391 -42 2061 Cambridge LOTS 31 AND 32 IN BLOCK 39 OF CARDIFF 'A ", IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1334, FILED TN THE OFFICE OF THE COUNTY RECORDER OF SAN DTF,GO COUNTY, MAY 12, 1911. ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR DRAINAGE PROJECT NO. CDP 02 -069 OWNER'S DUTIES AND OBLIGATIONS 1. For claims that are alleged to have arisen, directly or indirectly, from drainage or runoff associated with the PROPERTY or the plans, design, construction or maintenance of OWNER' s improvements, OWNER unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. This waiver does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate wrongful act of CITY. 2. It is further understood and agreed that all of OWNER'S rights under §1542 of the Civil Code of, the State of California and any similar law of any state or territory of the United States are hereby expressly waived. 9 1542 reads as follows: 1542. Certain claims not affected by general release A general release does not extend to claims, which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 3. OWNER agrees to indemnify and hold CITY and CITY'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 OWNER or OWNER's agents, employees, subcontractors, officials, officers or representatives. Upon demand, OWNER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. OWNER' 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 CITY to the OWNER's proposed plans, specifications or design so long as such change is objected to, in writing, by OWNER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. OWNER'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; and any alleged inverse condemnation of property as a consequence of the design, construction, or maintenance of the improvements. By approving the improvement plans, specifications and design or by inspecting or approving the improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of OWNER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as provided above. OWNER's obligation herein does not extend to liabilities, claims, demands causes of action, losses, damages or costs that arise out of the CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 4. OWNER hereby agrees not to develop in any manner the PROPERTY except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of landforms, removal of vegetation and the erection of structures of any type, except as permitted or authorization by CITY. 5. This Covenant does not Preclude OWNER taking emergency, protective measures as approved by CITY. Recording Requested By: ) City Engineer ) When Recorded Mail to: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE STORM WATER FACILITIES MAINTENANCE AGREEMENT Assessor's Parcel No. 260 -361 -42 Project No.: 02 -069 W.O.No.: 1402 -G THIS AGREEMENT for the periodic maintenance and repair of that certain private storm water treatment facilities, the legal description and/or plat of which is set forth in Exhibits attached hereto and made a part hereof, is entered into by Terry and Carol McCaleb (hereinafter referred to as "Developer ") for the benefit of future owners who will use the private storm water treatment facilities (hereinafter referred to as " owners ", which shall include the Developer to the extent the Developer retains any ownership interest in any land covered by this agreement. WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas of a subdivision project as defined in Section 21065 of the Public Resources code and pursuant to City of Encinitas Municipal Code Section 24.16.060 and Section 24.29.040; and WHEREAS, Developer is the owner of certain real property and developed as Exhibit "A" that will use and enjoy the benefit of said storm water treatment facilities(s). A complete legal description of said real property is attached, labelled Exhibit `B", and incorporated by reference. Said real property is hereinafter referred to as the "property"; and WHEREAS, it is the desire of the Developer that said private storm water treatment system be maintained in a safe and usable condition by the owners; and WHEREAS, it is the desire of the Developer to establish a method for the periodic maintenance and repair of said private storm water treatment facilities and for the apportionment of the expense of such maintenance and repair among existing and future owners; and WHEREAS, there exists a benefit to the public the private storm water facilities be adequately maintained on a regular and periodic basis; and WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running with the land, binding upon each successive owner of all or any portion of the property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property is benefited by this Agreement, and present and successive owners of all or any portion of the property are expressly bound hereby for the benefit of the land. 2. The cost and expense of maintaining the private storm water treatment facilities shall be paid by the owner of the heirs, assigns and successors in interest or each such owner. 3. In the event any of the herein described parcels of land are subdivided further, the owners, heirs, assigns and successors in interest of each such newly created parcel shall be liable under this Agreement for their then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created parcels. 4. The repairs and maintenance to be performed under this Agreement shall be limited to the following: reasonable and improvements and maintenance work to adequately maintain said private storm water treatment facilities to permit access to said facilities. Repairs and maintenance under this Agreement shall include, but is not limited to, repairing access roadbeds, repairing and maintaining drainage structures, removing debris, if any, and other work reasonably necessary and proper to repair and preserve the private storm water treatment facilities for their intended purposes. 5. If there is a covenant, agreement, or other obligation imposed as a condition of the development, the obligation to repair and maintain the private storm water treatment facilities as herein set forth shall commence when improvements have been completed and approved by the City. 6. Any extraordinary repair required to correct damage to said storm water treatment facilities that results from action taken or contracted for by the owners or their successors in interest shall be paid for by the party taking action or party contracting for work which caused the necessity for the extraordinary repair. The repair shall be such as to restore the storm water treatment facilities to the condition existing prior to said damage. 2 7. Any liability of the owners for personal injury to an agent hereunder, or to any worker employed to make repairs or provide maintenance under this Agreement, or to third persons, as well as any liability of the owners for damage to the property of agent, or any such worker, or of any third persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne, by the owners as they bear the costs and expenses of such repairs and maintenance. Owners shall be responsible for and maintain their own insurance, if any. By this Agreement, the Developer does not intend to provide for the sharing of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. 8. Owners shall jointly and severally defend and indemnify and hold harmless City, City's engineer and its consultants and each of its officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees, to the agent hereunder or to any owner, any contractor, any subcontractor, any user of the storm water treatment facilities, or to any other third persons arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the private storm water treatment facilities. 9. Nothing in the Agreement, the specifications or other contract documents or City's approval of the plans and specifications or inspection of the work is intended to include a review, inspection acknowledgement of a responsibility for any such matter, and City, City's engineer and its consultants, and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability therefore. 10. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of the owners and each and every person who shall at anytime own all or any portion of the property referred to herein. 11. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors, and assignees of each of the owners. 12. It is the purpose of the signatories hereto that this instrument be recorded to the end and intent that the obligation hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 8 hereof, such remedy to be cumulative and in addition to other remedies provided in this Agreement and to all other remedies at law or in equity. 13. The terms of this Agreement may be amended in writing upon majority approval of the owners and consent of the City. 3 14. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. 15. If the Property constitutes a "Common Interest Development" as defined in California Civil Code Section 1351(c) which will include membership in or ownership of an "Association" as defined in California Civil Code Section 1351(a), anything in this Agreement to the contrary notwithstanding, the following provisions shall apply at and during such time as (i) the Property is encumbered by a "Declaration" (as defined in California Civil Code Section 1351(h), and (ii) the Common Area of the property (including the private storm water treatment facilities) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private storm water treatment facilities and shall be deemed the "agent" as referred to in Paragraph 7 above. The Association, which shall not be replaced except by amendment to the Declaration, shall receive no compensation for performing such duties. The costs of such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall have the right to alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the Property except as may be allowed by the Declaration. (c) This Agreement shall not be interpreted in any manner, which reduces or limits the Association's rights and duties pursuant to its Bylaws and Declaration. IN WITNESS WHEREOF, the parties have executed this Agreement This day of ; 2004. elop . Terry cCal O ,a� l.l Carol McCaleb Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. 4 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT r: State of Califor ss. County of �1 On before me, ra Date a and itle of icer (e.g., "Jane Doe, Notary persona y appeared Name(s) of Signer(s) ❑ personally known to me X proved to me on the basis of satisfactory evidence to be the person ea whose nameA is /ao subscribed to the within instrument and acknowledged to me that he /9hekhe+y executed the same in his /her heir authorized r CLAUDRA.9NG" capacity(09), and that by his /hem4heir CCnM Odnn # 1446054 signature(o on the instrument the person(g), or N*WV htft - Cdbmla _ the entity upon behalf of which the person( SMONWCOU* acted, executed the instrument. *CWM 6q" Oct 1 d, 20D7 I SS my hapd al se Cr Signature of ft P ubf OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent S fraudulent removal and reattachment of this form to another document. Description of Attache ocument Title or Type of Document: V C Document Date: Number of Pages:' Signer(s) Other Than Named Above: G Capacity(ies) Claimed by Signer Signer's Name: _ • ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT S _ X, G� GEC C �l �l>Cl G�L�L5 �4 K rj State of Calif' ol County of ?� On before me, �• !J�'� vim' •S Date ' /'� /� -1 a Title of Officer (e.g., "Jane Doe, Notary Pu ic' � personally appeared' Names) of Signers) ❑ personally known to me r: R( proved to me on the basis of satisfactory evidence to be the personl whose nameA is subscribed to the within instrument and acknowledged to me that Ote /she /trey executed ? CIAtID A- fi 40r MA the same in kris /her /their authorized CMw Mm 0 1416054 �S capacity4Mfi), and that by iais /her /tkseir tlloiotV rum - camomm signaturejK) on the instrument the personks), or smowl* the entity upon behalf of which the person(K) k*Comn•8""0Ct1ti•200 acted, executed the instrument. I E my aQd nd i Is al. Signatu of Notary lic r OPTIONAL Though the information below is not required by law, 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 Attach d Document Title or Type of Document: _ ��) 4� )f A�io Document Date: d Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name • - 5 ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trusteed ❑ Guardian or Conservator T ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: PRIVATE STORM DRAIN MAINTENANCE AGREEMENT 02 -069 CDP, 1402 -G ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: PRIVATE STORM DRAIN MAINTENANCE AGREEMENT 02 -069 CDP, 1402 -G Description of Private Storm Drain Facilities