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2002-7386 G -- � City() ENGINEERING SERVICES DEPARTMENT r Encinitas Capital Improvement Projects District Support Services Field Operations Sand Rep lenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering April 22, 2004 Attn: Security Business Bank of San Diego 701 B Street Suite 100 San Diego, California 92101 RE: Jeffrey and Kerry Kayajanian 2221 13th Street APN 264-143-69 Grading Permit 7386-GI Final release of security Permit 7386-GI authorized earthwork, storm drainage, site retaining wall, and erosion control, all as necessary to build the described project is rough grade approved. Therefore, a release of the security deposited is merited. Letter of Credit 2002-102, in the amount of$19,400.00, may be released in entirety. The original document is attached. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, ' Masih Maher J Lembach Senior Civil Engineer Finance Manager Field Operations Financial Services Cc: Jay Lembach,Finance Manager Kayajanian,Jeffrey and Kerry Debra Geishart File TEL 760-633-2600 l FAX 760-633-2627 505 S. Vulcan AVenue, Encinitas, California 92024-3633 TDD 760-633-2700 � recycled paper ,�. CZty of ENGINEERING SERVICES DEPARTMENT w Encinitas Capital Improvement Projects District Support Services Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering November 5, 2003 Attn: Security Business Bank of San Diego 701 B Street Suite 100 San Diego, California 92101 RE: Jeffrey and Kerry Kayajanian 2221 13th Street APN 264-143-69 Grading Permit 7386-GI Final release of security Permit 7386-GI authorized earthwork, storm drainage, site retaining wall, and erosion control, all as necessary to build the described project is rough grade approved. Therefore, a release of the security deposited is merited. Letter of Credit 2002-101, in the amount of$58,200.00, may be released in entirety. The original document is attached. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, Masih Maher ay Lembach Senior Civil Engineer Finance Manager Field Operations Financial Services Cc: Jay Lembach,Finance Manager Kayajanian,Jeffrey and Kerry Debra Geishart File TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 � recycled paper DRAINAGE STUDY LE Q - 51 ; 31 k b 2u'`li FOR REFOLD RESIDENCE GRADING PLAN 13TH STREET ENCINITAS, CALIFORNIA ®Q �FESS APN: 264-143-69 B ll rn Lu 0. 3 190 m m -6/30/04 M. PREPARED BY: OF c SOWARDS AND BROWN ENGINEERING, INC. CONSULTING ENGINEERS 2187 NEWCASTLE AVENUE, STE 103, CARDIFF, CA 92007 (760)436-8500 01-074 1/21/02 Revised 4/3/02 1. JOB �' _ 07 l3 ST 2cFt�L fl SOWARDS AND BROWN ENGINEERING SHEET NO. OF 2187 Newcastle Ave., Suite 103 CALCULATED BY 6-1 DATE.Z( - O CARDIFF BY THE SEA, CALIFORNIA 92007 CHECKED BY DATE SCALE FP l TIC; T� F �Et L D C2H D r L �c fi N . ( .....__�bL -.- SiN _fir �Go � ? +` r r .. fi L E �7' 5l Cs! ►. Nt tv:ui} t rZ n�-T t o r ,•f}_�.- _ M E"�f��? �_r _� _ t{0 3� �=t•C � ca ua��... _ . . Eon _7 �SoP -v✓i.t L.. GfftYyrS IwTE-Nst f' �...�..vrz.f .Trpry r_s6 11J T£.f`JS IT.L. JIO.c� SEE �... ... ns7- :.Tcory . .bE-r(-L 1-`- / E Fio.,� Gd/1-✓E`er :• C. s E� � '1�'P, G f•!`.�,�.� RFfC-r. To 4 TTY !i_ Ff�_. _C ^,%_12c st ,TE ff'��� � Y. f �! ;£ �.' 1 Q� � •4GY :� Is G c../LlL� r� Ttry ✓i:4 1`rT t o-r � -Crh' t XrZj`. Sic?p tN G D., . T� E S°uTN r 1c7vTH �C` i- P C ,L..tv Ltr , �a,_ l,5 SIiE, t .1; Tt 2 / fi (,.... 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CARDIFF BY THE SEA, CALIFORNIA 92007 CHECKED BY DATE SCALE r .... 2t�rU0( �tLo,v� ! �jSr 1 CrN D f� Z ',00.�.ti_�1�s 1N_..._TO ........... -... ._. �."'..S �:TC _A p D t i i c o.dv C< w rc.C-•L__ F%( o _ 3i:mac N.0 .. 1 . z It D v t LET V I _ .. . ours �o P� F ._.... .srt7 !t ._.. 1�..� ....... . 7✓��(p —G ,-_ _Tf-tr..� w�-r�;`u�� '.___r.�,.C�4 �'.r- � f3..... ...... LOcv _ x . Z . f ( ( Q /L4 c�-y ....5 C1 e--T.... 6f 73fjry Cr .. ..... Lo f 0 AL T3oii TP to L.C. n (fCx(ST(.JCs- <LG?C9'_ �rTGtfi r ..... t,C ly.. Iry i�L s ..7 t .. t c .... ... {/z I �7 Oz- ., 63 r� {-} o tt_o( 1 L j P e--c S 2 ' x t'2" opt-i.E7 fcK SOWARDS AND BROWN ENGINEERING SHEET HC. 'i of q 2187 Newcastle Ave., Suite 103 CALCULATED BY G7.C, DATE A- CARDIFF BY THE SEA, CALIFORNIA 92007 CHECKED BY DATE SCALE n V� (G<i' ►i � �.'.�� 4a.ri ._... . . ',!n� . _._ C [ .( fv G- ._ !7 -'/S {?,ao c.a t D!7 Ott ... . .............. . _... L k ._... P. S . 7 -._1 4 ... .... r1 V D .. .. .... .... —2 opt-N I oo 6— /r-Tr7 z glut.c�Oid-5. . si+i<r T ! aL..: D gyp, � , l�[�-t{ .. cr (� D -fio 0'o iZT ...... .. , fix.... ,., _.. 5 t A_ A w 69 7 : 1 RUNOFF COEFFICIENTS (RATIONAL METHOD) DEVELOPED AREAS (URBAN) Coefficient C Soil Group Lan--d Use A g C D Residential: Single Family .40 .45 .50 Ge .55 v5c— �o�� Multi-Units .45 .50 .60 .70 Mobile Homes � , �� c. S .45 .50 .55 .$5 14, c- a Rural-(lots greater than 1/2 acre) .30 .35 .40 .45 Commercial (Z' 80% Impervious .70 .75 .80 .85 Industrial (2) 90% Impervious .80 .85 .90 Q95 - NOTES: Soil Group maps are available at the offices of the Department of Public Works. Where actual conditions deviate significantly from the tabulated values of 80% or 90%, the values given for coefficient C, may be revised imperviousness - multiplying 80% or 90% by the ratio of actual imperviousness to the tabdulat d imperviousness. However, in no case shall the final coefficient be less than 0.50. For example: Consider commercial property on D soil group. Actual imperviousness = 50% Tabulated imperviousness = 80% Revised C = 50 x 0.85 = 0.53 80 IV-A-9 APPENDIX IX - AREA5 FRBA" - TIME OF SLOW CURVE "5 " _3-- --•-�—r —__�_.r __L�-- LL_. fit-_ �1. —� -_�t — 700 -y-^ 4 - - 77 600 -`-"- Use Formula Far - - - --y-,- _ '-- --r- Distances in Excess: —_ �= - _-- 80 4- L T Or BOO _ _ _Feet. Tom_ �_��' _ -- ^ •��,��•- --;-�� -- — 500 — -a TZ ? 400 so 200 40 C. 20 - -? _�----C= - - -.__. t - -C= .45 - - -- -- 10 0 Suf«. Fl—rm. C .1 E X A Mj>L E - - --- ----- C�t VEt.� LENGTH of F'LC>W _ 4 0o FT_ GUEFrtCrt✓NZ' of tiZ.J1.ipFt= G = . 70 r=LOW T I C» 86. � � I •'I'1'• III- :1.: I I, •, I ° . I li;l ll: �' 1 If j + 1 11 lj' ' I ' ! ' Q' I 11: { 'I I' 1 I i li' ��I� m to { 1 F7 (n cc, 7777 _ _� _ N f—, .� -t1t1l { .a_ t t• r �y1 —• _t_ N �..11• I .1 t I I • -- -_- -->_ - - - - - ~O CC — _ •111f # - - -- b "r-. 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Ut} Gtr i A-Tttv- 7-4-4 C1 o d r-o r>✓ _.. pv JOB- PEF-Vr D ST- D1 —O'7 L{ SOWARDS AND BROWN ENGINEERING SHEET NO. OF_ q 2187 Newcastle Ave., Suite 103 CALCULATED BY �G DATE 14 ZI )o L CARDIFF BY THE SEA, CALIFORNIA 92007 CHECKED BY DATE SCALE Z ! �.`?`� D;{SrpAT-.n r3o� GT tifJ � F j2O f7X UuTL�T Qn nu1Die J�) AT/pv O t O!1 5�( 'C O� 4-. � ........._... p/v (i}—1 (b N. ._. , 1/t TiC° 1 �'r�TlraCy 21 wl9,r l=c.s wS iN _c t> i" o.0-t + u F 5 l� c-'/ L-c r� .11 N j vTi C"�LIJ�. T ' TL E-x_IT 71- ' VI pr '1 716 Z� w l�G_ �2 P1��' L?fT. 44-f_ AFIZE ............ 171 TC?X F�rti-{ c��g._ Ta GG != L-u E_ I Tt v.c F o c- ,j 77f- J.V4Tr- f:::Lo c--_S vr(� 47 , • N " '�L.� 4–a �_G� w ► .( owl ©. ' _T.. 2 .. ..: .... STE3DY L:N IFORM FLOW IN OPEN CH ANN ELS 7-59 Table 1-1:3. allies of h for Circular Channels in the Formula, n D = depth of water d = diameter of channel D I i I .07 .08 I .09 - .00 I 01 .02 .03 .04 .05 .06 I d I 1 1 t I -1 G .01 ,15.0`? 10.56 S.5 7 7.38 G.55 5.96 1 i.1 i 1 6.08 t._'i� 4.0-4 3.S(i � 3.59 3.54 3.41 3.'_'S I, 3.17 3.06 1 1.4 9 l > I 0 ., 2 n •)ti 2.87 2.7 9 2.7 1 2.G3 2.SG 2.49 1. oG 30 3 '.'_':� I ?.'_'U 2.14 _'.09 2.05 2.00 1.9(i L`J_' f 1.87 1.51 1 1.50 1.72 2 1.69 1.66 1.62 1.59 , 1.56 1.53 1.50 I n •� 5 1.470 1.4121 1.115 1.388 1.362 1.336 1.311 1.2SG1 1.`_'6 1.�3S .6 1.215 1.1921 1.170 1.148 1.1'_'6 1.105 1.084 1.064t 1.0431 1.023 .7 1.004 .984 .9(;5 .947 .92S .910 .891 .97-41 .956 .835 8 .73(i 7'?0 .703 .687 .670 .S'-'l S )4 .7 37 .770 .763 9 :i4 tr04 JHB 571 .553 G .53.5 .616 .49(i I .63r 521 r 1.0 -.46:3 Table -1 1. alucti cif 1�' fc�r C'r(-ul:ir C:'hanncls in t,llc 1'Urnlllla Q =v- KI �. t..: c rt D = dc45tfi u[ eater d = diameter of channel D US .09 - OU 01 .0'? 03 .01 O:i UG 07 d 0 UU 007 .00031 .0007 4 .00139 .0022 2 .00329 .00-156 .00(;0 lI.0077:i 1 UU9G7 .0118 011'3 Olti7 Ol9:i .0225 .0''57 .02.)1 .03'-'7 .0355 i.0-40G .0-1-49 .0492 .0337 .0585 .063-4 .0GSG .0735 .0793 .08-4`9 .3 .0`907 .09GG .1027 .108`9 .1153 .1`_'18 .1'?84 .1352 .1-420 .1-4`90 .4 .15G 1 .1633 .1705 .177'9 .1854 .1929 .2005 .2082 .21 G0 .'2235 :5 .032 .239 .2-47 .255 .2G3 .271 .079 .2 S7 .295 .303 .6 .311 .319 .327 .335 .3-43 .350 .358 .356 .373 .447 .7 .3SS .395 .-402 .•40`9 .-416 .-4`?2 .429 .-435 .441 .447 .8 .-4:53 .-458 .463 .4G 8 .473 .477 .4S 1 .-485 .-488 .491 9 .494 495 .497 .498 .498 .498 .•496 .494 489 483 j i" 1.0 .4G3 7-30 HANDBOOK OF HYDRAULICS Table 7-4. For Determining the Area a of the Cross Section of a Circular Conduit Flaring Part Full Let depth of water - d_D diameter of channel and Ca = the tabulated value. Then a = Cad2. D .00 .01 .02 .03 .04 .05 .06 .07 .08 .09 d .0 .0000 .0013 .0037 .0069 .0105 .0147 .0192 .0242 .0294 .0350 .1 .0409 .0470 .0534 .0600 .OGG8 .0739 .0811 .0885 .0961 .1039 .2 .1118 .1199 .1281 .13G5 .1449 .1535 .1 G23 .1711 .1800 .1890 .3 .1982 .2074 .2167 .2260 .2355 .2450 .254G .2642 2739 .2836 .4 .2934 .3032 .3130 .3229 .3328 .3428 .352; .3G27 .3727 .3827 .5 .393 .403 .413 .423 .433 .443 .453 .4G2 .472 .482 .6 .492 .502 .512 .521 .531 .540 .550 .559 .569 .578 .7 .587 .596 GO5 .614 G23 G32 .640 .649 G57 .666 .8 .674 .681 G89 G97 .704 . 2 .719 .725 .732 .738 .9 I .745 .750 .756 1 .761 .766 .771 .775 .779 .782 .784 Table 7-5. For Determining the Hydraulic Radius r of the Cross Section of a Circular Conduit Flo-ring Part Full depth of «•ater _ D Let diameter of channel and Cr = the tabulated value. Then r = Crd. D .00 .01 .02 .03 .04 .05 OG .07 .08 .09 d .0 1 .000 .007 .013 .020 .026 .033 .039 •.045 .051 .057 .1 .063 .070 .075 .081 .087 .093 .099 .104 .110 .115 .2 j .121 .126 .131 .136 .142 .147 .152 .`157 .161 .166 .3 ; .171 .176 .180 .185 .189 .193 .198 .202 .206 .210 .214 .218 .222 .22G 229 .233 236 .240 .243 .247 .5 2D .253 .256 .259 °G2 .2G5 .268 _`?70 .273 .275 G .278 .2SO .283 .2S4 .2SG .288 .290 .292 .293 .295 .8 I29G .298 .299 .300 .301 j3 302 .303 .304 .304 .304 .304 .304 .304 I .304 I .303 I .303 .302 .301 .299 .9 I .298 .296 .294 .292 .289 I .286 1 .283 .279 I .274 ; .2G7 Al ONSTRUCTION TESTING & ENGINEEIUNG, INC C� SAN DIEGO,CA RIVERSIDE,CA VENTURA,CA TRACY,CA LANCASTER,CA SACRANIENTO,I qp 2414 Vineyard Ave. 490 E.Princeland Ct. 1645 Pacific Ave. 2421V.Larch 4215610th St.1V. 3628 Madison Ave. G Suite G Suite 7 Suite 105 Suite F Unit K Suite 22 Escondido,CA 92029 Corona,CA 91719 Oxnard,CA 93033 Tracy,CA 95304 Lancaster,CA 93534 N.Highlands CA 951 ENGINEERING INC. (760)746-4955 (909)371.1890 (805)486.6475 (209)839-2890 (661)726-9676 (916)331.6030 (760)746.9806 FAx (909)371.2168 FAx (805)486.9016 FAx (209)839-2895 FAx (661)726-9676 Fax (916)331-6037 FAx UPDATED GEOTECHNICAL INVESTIGATION PROPOSED RESIDENTIAL DEVELOPMENT LOT 3, PARCEL MAP 17929 ENCINITAS, CALIFORNIA PREPARED FOR: MR. CRAIG LEWIS P.O. BOX 968 CARDIFF, CALIFORNIA 92007 PREPARED BY: CONSTRUCTION TESTING & ENGINEERING, INC. 2414 VINEYARD AVENUE, SUITE G ESCONDIDO, CA 92029 _ nn A G1TY �1F E(�'CIIdf1NS CTE JOB NO. 10-4936 JUNE 21, 2001 GEOTECHNICAL • ENVIRONMENTAL • CONSTRUCTION INSPECTION AND TESTING • CIVIL ENGINEERING • SURVEYING TABLE OF CONTENTS 1.0 INTRODUCTION AND SCOPE OF SERVICES ....................................................................1 1.1 Introduction..................................................................................................... 1.2 Scope of Services...........................................................................................................1 2.0 SITE DESCRIPTION................................................................................................................2 3.0 FIELD AND LABORATORY INVESTIGATIONS................................................................2 3.1 Previous Field and Laboratory Investigations...............................................................2 3.2 Recent Field and Laboratory Investigations..................................................................3 4.0 GEOLOGY ............................................................................................:...................................3 4.1 General Setting...............................................................................................................3 4.2 Geologic Conditions ......................................................................................................3 4.3 Groundwater Conditions................................................................................................4 4.4 Geologic Hazards...........................................................................................................4 4.4.1 General Geologic Hazards Observation.................................................... 4.4.2 Local and Regional Faulting.................................................................................4 4.4.3 Seismic Design Parameters...................................................................................5 4.4.4 Liquefaction Eval uation........................................................................................5 4.4.5 Seismic Settlement Evaluation .............................................................................5 4.4.6 Tsunamis and Seiche Evaluation..........................................................................6 4.4.7 Landsliding ...........................................................................................................6 4.4.8 Compressible and Expansive Soils.......................................................................6 4.4.9 Potentially Corrosive Soils ...................................................................................6 5.0 CONCLUSIONS AND RECOMMENDATIONS ....................................................................7 5.1 General...........................................................................................................................7 5.2 Grading and Earthwork..................................................................................................7 5.3 Site Preparation..............................................................................................................7 5.4 Site Excavation ..............................................................................................................8 5.5 Fill Placement and Compaction.....................................................................................8 5.61111 Materials...................... 5.7 Temporary Construction Slopes ....................................................................................9 5.8 Foundations and Slab Recommendations....................................................................10 5.8.1 Foundations............. 5.8.2 Foundation Settlement........................................................................................11 5.8.3 Foundation Setback.............................................................................................1 l 5.8.4 Interior Concrete Slabs .......................................................................................11 5.9 Lateral Resistance and Earth Pressures........................................................................11 5.10 Exterior Flatwork.......................................................................................................12 5.11 Drainage.....................................................................................................................13 5.12 Vehicular Pavements .................................................................................................13 5.13 Sl opes.........................................................................................................................14 5.14 Construction Observation ..........................................................................................15 5.15 Plan Review...............................................................................................................15 6.0 LIMITATIONS OF INVESTIGATION..................................................................................15 F:\10-4936\Rpt_Update Geotechnical.doc TABLE OF CONTENTS (continued) FIGURES FIGURE 1 SITE INDEX MAP FIGURE 2 EXPLORATION MAP FIGURE 3 BENCHING FILL OVER NATURAL APPENDICES APPENDIX A REFERENCES CITED APPENDIX B FIELD EXPLORATION METHODS AND LOGS APPENDIX C LABORATORY METHODS AND RESULTS FAA 04936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Page 1 Proposed Residential Development Lot 3, Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 1.0 INTRODUCTION AND SCOPE OF SERVICES 1.1 Introduction This report presents the results of our updated investigation and provides conclusions and geotechnical engineering criteria for the proposed development. It is our understanding that the site is to be developed by constructing a conventional, single-family residence and associated improvements (e.g., utilities, landscaping, drive, and parking areas). Figure 1 is an index map showing the general site location. Specific recommendations for excavations, fill placement, and foundation design for the proposed structures are presented in this report. The investigation for this report included field exploration, laboratory testing. geologic hazard evaluation, and engineering analysis. Appendix A contains a list of references cited in this report. 1.2 Scope of Services The scope of services provided included: • Review of a previous geotechnical report pertinent to the site (San Marcos Engineering, Inc. [San Marcos]. 1988) • Logging of test pits excavated to allow an evaluation of shallow subsurface soil conditions. • Reconnaissance geologic observations of the site and surrounding area. • Define the general geology and evaluate the potential geologic hazards at the site. • Soil engineering design criteria for the proposed improvements. • Preparation of this summary report (with geotechnical construction recommendations). FAI0-49361Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Paize 2 Proposed Residential Development Lot 3, Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 2.0 SITE DESCRIPTION The roughly, rectangular-shaped parcel is at the intersection of "C " and 13"' Streets in the Olivenhain area of Encinitas, California. Currently, the site is undeveloped. The site can be divided into two general areas on the basis of topography. The upper area, adjacent to 13`h Street consists of a slightly south-sloping (elevation differences are approximately 20 vertical feet over 100 horizontal feet) pad. The lower areas consist of apparently engineered cut slopes that were created during development of the adjacent southern and western parcels. Site elevations range from approximately 210to 145 feet above mean sea level (msl). The highest point is adjacent to 13`h Street and the lo,vest point is adjacent to the southern property line. 3.0 FIELD AND LABORATORY INVESTIGATIONS 3.1 Previous Field and Laboratory Investigations Field explorations for this and the adjoining parcels were conducted in 1988 (San Marcos, 1988). Their scope of work included site reconnaissance and the excavation of eight exploratory test pits. One of the test pits (Test Pit 1) was excavated at the subject site. Figure 2 is a map showing the approximate location of the referenced test pit at the site. San Marcos conducted laboratory testing program for this and the adjoining parcels included direct shear, Modified Proctor, particle size, Atterberg limits determination, and expansion index tests. FAI0-4936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Page 3 Proposed Residential Development Lot 3, Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 3.2 Recent Field and Laboratory Investigations A senior geologist from this firm conducted field reconnaissance observations of the site and logging of three hand excavated test pits surrounding area in June 2001. Exploration logs are presented in Appendix B. It appears, based on our observations, that site conditions are essentially similar to those existing at the time of the previous study. CTE analyzed soil samples collected from the test pits to determine their engineering properties. These samples were analyzed for remolded direct shear, particle-size distribution, and Modified Proctor analysis in our in-house geotechnical laboratory. 4.0 GEOLOGY 4.1 General Setting The site lies at the edge of th, coastal mesa and upland portions of the San Diego coastal area. Topographically, the area consists generally of rolling hills dissected by intermittent streams. 4.2 Geologic Conditions As mapped by San Marcos (198 8) and based on our observations, surface and near-surface soils at the site consist of units of the Eocene Torrey Sandstone and Del Mar Formation. Based on our observations, a layer of disturbed/fill soils up to approximately two feet thick locally overlies the Torrey Sandstone in the upper area of the site (the proposed building location). These materials consisted of dense. dry to moist, silt}, sandstone or sandy siltstone. FA10-4936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Page 4 Proposed Residential Development Lot 3, Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 4.3 Groundwater Conditions Groundwater was not encountered in our explorations. Additionally, San Marcos(1988)apparently did not encounter groundwater in any of their explorations at the adjoining parcels to the maximum depth explored of 13 feet below grade. Although groundwater levels will likely fluctuate during periods of precipitation, groundwater is not expected to affect the proposed development if recommendations regarding drainage are carried out during construction. 4.4 Geologic Hazards 4.4.1 General Geologic Hazards Observation From our investigation it appears that geologic hazards at the site are primarily limited to those caused by violent shaking from earthquake generated ground motion waves. The potential for damage from displacement or fault movement beneath the proposed structures should be considered low. 4.4.2 Local and Regional Faulting Based on our site reconnaissance, evidence from exploratory soil borings and test pits, and a review of appropriate geologic literature, it is our opinion that the site is not on known fault traces. The Rose Canyon Fault, approximately 10 miles to the west, is the closest zoned active fault (Jennings, 1987). Other principal active regional faults include the Coronado Banks, San Clemente, Elsinore, San Jacinto, and San Andreas faults. According to the California Division of Mines and Geology, a fault is zoned active if it displays evidence of activity in the last 11,000 years (Hart, 1994). FAI0-49361Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Pap-e 5 Proposed Residential Development Lot 3. Parcel Map 17929, Encinitas. California June 21, 2001 CTE Job No. 10-4936 4.4.3 Seismic Design Parameters In accordance with the Uniform Building Code 1997 Volume 2, the site is located within Zone 4 and therefore has a zone factor Z = 0.40. The nearest active fault the Rose Canyon is considered a Class B seismic source type. Based on the distance from the Rose Canyon Fault, the near source factor N, = 1.0 and Na= 1.0. Based on our field investigation, the site subsurface soils have a soil profile type of S., a seismic coefficient Cv= 0.56 and Ca= 0.40. 4.4.4 Liquefaction Evaluation Liquefaction occurs when saturated fine-grained sands or silts lose their physical strengths during earthquake induced shaking and behave as a liquid. This is due to loss of point-to-point grain contact and transfer of normal stress to the pore water. Liquefaction potential varies with water level. soil type, material gradation, relative density, and probable intensity and duration of ground shaking. It is our opinion that the liquefaction potential in all areas of the project is very low. This is based on the generally dense to locally very dense nature of the soils and because there is. apparently no permanent shallow groundwater. 4.4.5 Seismic Settlement Evaluation Seismic settlement occurs when loose to medium dense granular soils become denser during seismic events. However. because the underlying site soils consist of generally fine materials and are generally medium dense to locally very dense, it is our opinion that the potential for seismic settlement should be considered low in all areas of the project. F:\10-4936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Pape 6 Proposed Residential Development Lot 3, Parcel Map 17929, Encinitas, California June 21. 2001 CTE Job No. 10-4936 4.4.6 Tsunamis and Seiche Evaluation The potential for tsunami damage at the site is very low due to the distance from the ocean (several miles) and elevation (greater than 170 feet above msl). Damage caused by oscillatory waves(seiche) is considered unlikely, as the site is not near any significant bodies of water. 4.4.7 Landsliding Although the site is in an area of San Diego County deemed moderately susceptible to landsliding (Tan and Giffen, 1995), the potential for landsliding or rocksliding to affect the site is considered remote. We did not encounter active landslides or rockslides at the site. Active landslides or rockslides have not been mapped in the immediate area of the site (Tan and Giffen, 1995). 4.4.8 Compressible and Expansive Soils Based on observations during this and previous investigations, site soil materials in the proposed building area generally consist of silty sandstone. These materials are expected to have lo« compressibility and expansion characteristics and are suitable for support of the proposed structures. 4.4.9 Potentially Corrosive Soils We recommend that samples of soils used during the grading process be tested to evaluate their resistivity and pH. Based on the resistivity measurements, special protection for buried metal pipes and metal water lines may be required for their long-term performance. Recommendations regarding the type of cement used in building slabs will be based on the results of sulfate analyses. FA10-4936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Pape 7 Proposed Residential Development Lot 3. Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 5.0 CONCLUSIONS AND RECOMMENDATIONS 5.1 General We conclude that the proposed construction on the site is feasible from a geotechnical standpoint, provided the recommendations in this report are incorporated into the -design of the project. Recommendations for the design and construction of the proposed structure are included below. 5.2 Grading and Earthwork Upon commencement of construction,personnel from CTE should continuously observe the grading and earthwork operations for this project. Such observations are essential to identify field conditions that differ from those predicted by this investigation, to adjust designs to actual field conditions, and to ensure that the grading is in overall accordance with the recommendations of this report. Our personnel should perform adequate observation and sufficient testing of fills during grading to our professional opinion regarding compliance with compaction requirements and specifications contained herein. 5.3 Site Preparation Before grading, the site should be cleared of any existing debris and deleterious materials. Based on our observations. the average removal depth is expected to be no more than one foot. However, based on our experience at similar sites, deeper removals may be expected in some areas of undocumented fills or loose topsoil. Organic and other deleterious materials not suitable for structural backfill should be disposed of at a legal off-site disposal location. FA10-4936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Page 8 Proposed Residential Development Lot 3. Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 5.4 Site Excavation Excavations in site materials should generally be accomplished with heavy-duty construction equipment under normal conditions. If encountered, irreducible materials greater than six inches encountered should not be used in fills on the site. As discussed elsewhere in this report, transitional conditions (changes from cut to fill) are to be avoided beneath structures. Therefore, we recommend overexcavating the cut portions of the site to create more uniform bearing conditions. These overexcavations are intended to create a minimum of 18 inches of compacted beneath all building footings. Overexcavations should also extend a minimum of five feet beyond the limits of the proposed improvements. Figure 3 is a diagram of the method to be used in benching fills over native soils. 5.5 Fill Placement and Compaction An engineer or geologist from CTE should verify that the proper site preparation has occurred before fill placement occurs. Following removal of loose, disturbed soils, areas to receive fills or concrete slabs on grade should be scarified nine inches, moisture conditioned to above optimum moisture content, and properly compacted. Fill and backfill should be compacted to a minimum relative compaction of 90 percent as evaluated by ASTM D1557 at a moisture content above the laboratory- determined optimum. The optimum lift thickness for backfill soil will be dependent on the type of compaction equipment used. Generally, backfill should be placed in uniform lifts not exceeding fl- inches in loose thickness. Backfill placement and compaction should be done in overall confonnance with geotechnical recommendations and local ordinances. F:\I0-49361Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Page 9 Proposed Residential Development Lot 3, Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 5.6 Fill Materials Low or moderately expansive soils derived from on-site materials are considered suitable for reuse on the site as compacted fill. If used, these materials must be screened of organic materials and materials greater than six inches in a maximum dimension. If encountered, clayey native soils may be blended with granular soils and reused in non-structural fill areas. Imported fill placed beneath structures, pavements and walks should have an expansion index less than or equal to 30 (per UBC 18-I-13). Additionally, less than 35 percent of this fill should pass a Number 200 sieve. Imported fill soils for use in structural or slope areas should be evaluated by the soils engineer to determine strength characteristics before placement on the site. 5.7 Temporary Construction Slopes Sloping recommendations for unshored temporary excavations are provided. The recommended slopes should be relatively stable against deep-seated failure, but may experience localized sloughing. Onsite native Torrey Sandstone soils are considered Type A soils with recommended slope ratios as set forth in Table 1 below. TABLE 1 RECOMMENDED TEMPORARY SLOPE RATIOS SOIL TYPE SLOPE RATIO MAXIMUM HEIGHT (Horizontal: vertical) A (Torrey Sandstone) 3/<: 1 (MAXIMUM) 10 FEET According to Cal-OSHA regulations, a "competent person" must verify actual field conditions and soil type designations. Additionally, the above sloping recommendations do not allow for surcharge F:\10-4936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Pau 10 Proposed Residential Development Lot 3. Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 loading at the top of slopes by vehicular traffic, equipment or materials. Appropriate surcharge setbacks must be maintained from the top of all unshored slopes. Shoring may be used in lieu of sloped excavations. Specific recommendations and geotechnical parameters for shoring design will be provided upon request. 5.8 Foundations and Slab Recommendations The following recommendations are for preliminary planning purposes only. These foundation recommendations should be reviewed after completion of earthwork and testing of surface soils. 5.8.1 Foundations Continuous and isolated spread footings are suitable for use at this site. Based on the expected as-graded conditions, all building footings will be founded on a minimum of at least 18 inches of compacted fill material. Foundation dimensions and reinforcement should be based on allowable bearing values of 2,000 pounds per square foot (psf). The allowable bearing value may be increased by one third for short duration loading which includes the effects of wind or seismic forces. For continuous and isolated spread footings,the minimum width should be at least 15 inches. All footings should be installed at least 18 inches below the lowest adjacent subgrade. Footing reinforcement for continuous footings should consist of four 44 reinforcing bars;two placed near the top and two placed near the bottom. The structural engineer should design isolated footing reinforcement. FA104936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Page 11 Proposed Residential Development Lot 3, Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 5.8.2 Foundation Settlement In general, for the anticipated construction the maximum post-construction compression settlement is expected to be about 1.0 inch. Maximum differential settlement of continuous footings across the buildings is expected to be about 0.5 inches. 5.8.3 Foundation Setback Footings for structures should be designed such that the minimum horizontal distance from the face of adjacent slopes to the outer edge of the footing is a minimum of 10 feet. 5.8.4 Interior Concrete Slabs Lightly loaded concrete slabs should be a minimum of 4 inches thick. Minimum slab reinforcement should consist of 4') reinforcing bars or#4 reinforcing bars placed on 18-inch or 24-inch centers, respectively, each way at mid-slab height. If moisture sensitive floor areas are proposed, a vapor barrier consisting of a minimum of ten-mil polyethylene sheeting or equivalent membrane with all laps sealed should underlie slabs. This membrane should be placed near mid-height of a minimum four-inch layer of consolidated crushed aggregate. 5.9 Lateral Resistance and Earth Pressures The following recommendations may be used for shallow footings on the site. Foundations placed in firm, engineered fill materials may be designed using a coefficient of friction of 0.35 (total frictional resistance equals coefficient of friction times the dead load). A design passive resistance value of 300 pounds per square foot per foot of depth (with a maximum value of 1200 pounds per square foot) may be used. The allowable lateral resistance can be taken as the sum of the frictional F:\104936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Pape 12 Proposed Residential Development Lot 3, Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 resistance and the passive resistance, provided the passive resistance does not exceed two-thirds of the total allowable resistance. Retaining walls up to ten feet high and backfilled using generally granular soils may be designed using the equivalent fluid weights given in Table 2 below. TABLE 2 EQUIVALENT FLUID UNIT WEIGHTS (pounds per cubic foot WALL TYPE LEVEL BACKFILL SLOPE BACKFILL 2:1 HORIZONTAL: VERTICAL CANTILEVER WALL 38 60 YIELDING [—RESTRAINED WALL 58 90 The values above assume non-expansive backfill and free draining conditions. Measures should be taken to prevent a moisture buildup behind all retaining walls. Drainage measures should include free draining backfill materials and perforated drains. x.10 Exterior Flatwork We recommend that flatwork be installed with crack-control joints at appropriate spacing as designed by the project architect. Flatwork, which should be installed with crack control joints, includes driveways, sidewalks. and architectural features. All subgrade should be prepared according to the earthwork recommendations previously given before placing concrete. Positive drainage should be established and maintained next to all flatwork. F:\10-4936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Page 13 Proposed Residential Development Lot 3, Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 5.11 Drainage Surface runoff should be collected and directed away from improvements by means of appropriate erosion reducing devices and positive drainage should be established around the proposed improvements. Positive drainage should be directed away from improvements at a gradient of at least 2 percent for a distance of at least five feet. The project civil engineers should evaluate the on- site drainage and make necessary provisions to keep surface water from affecting the site. 5.12 Vehicular Pavements The upper foot of subgrade beneath proposed pavements and aggregate base materials should be appropriately moisture conditioned and compacted to at least 95% of the laboratory determined maximum density. Pavements should be constructed according to industry standards. Preliminary pavement sections presented below are based on an estimated Resistance "R" Value. The asphalt pavement design is based on California Department of Transportation Highway Manual and on anticipated residential street traffic as indicated in Table 3 below. If these assumptions are incorrect. this office should be contacted to obtain further pavement recommendations. Upon completion of finish grading, "R" Value sampling and testing of subgrade soils should occur and the pavement section modified if necessary. FA10-4936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Page 14 Proposed Residential Development Lot 3. Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 TABLE 3 CONCRETE PAVEMENT DESIGN Estimated PCC AC Class II Assumed Aggregate Base Traffic Area Subgrade R- Thickness Thickness Traffic Index Value (inches) (inches) Thickness inches 5.0 - - Residential Drives 5.0 25 3.0 5.0 5.13 Slopes Based on anticipated soil strength characteristics, fill slopes should be constructed at slope ratios of 2:1 (horizontal: vertical) or flatter. These fill slope inclinations should exhibit factors of safety greater than 1.5. Although graded and existing slopes on this site should be grossly stable, the soils will be somewhat erodible. Therefore, runoff water should not be permitted to drain over the edges of slopes unless that water is confined to properly designed and constructed drainage facilities. Erosion resistant vegetation should be maintained on the face of all slopes. Typically, soils along the top portion of a fill slope face will tend to creep laterally. We do not recommend distress sensitive hardscape improvements be constructed within five feet of slope crests in fill areas. FA10-49361Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Papze 15 Proposed Residential Development Lot 3. Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 5.14 Construction Observation Recommendations provided in this report are based on preliminary design information for the proposed construction and the subsurface conditions documented. The interpolated subsurface conditions should be checked in the field during construction to verify that conditions are as anticipated. Recommendations provided in this report are based on the understanding and assumption that CTE will provide the observation and testing services for the project. All earthworks should be observed and tested to verify that grading activity has been performed according to the recommendations contained within this report. Before placement of reinforcing steel reinforcing the project engineer should evaluate footing trenches. 5.15 Plan Review CTE should review the project foundation plans and grading plans before commencement of earthwork to identify potential conflicts with the recommendations contained in this report. 6.0 LIMITATIONS OF INVESTIGATION The f eld evaluation, laboratory testing and geotechnical analysis presented in this report have been conducted according to current engineering practice and the standard of care exercised by reputable geotechnical consultants performing similar tasks in this area. No other warranty, expressed or implied, is made regarding the conclusions, recommendations and opinions expressed in this report. Variations may exist and conditions not observed or described in this report may be encountered during construction. FA104936\Rpt_Update Geotechnical.doc Updated Geotechnical Investigation Papze 16 Proposed Residential Development Lot 3, Parcel Map 17929, Encinitas, California June 21, 2001 CTE Job No. 10-4936 Our conclusions and recommendations are based on an analysis of the observed conditions. If conditions different from those described in this report are encountered,our office should be notified and additional recommendations, if required, will be provided upon request. We appreciate this opportunity to be of service on this project. If you have any questions regarding this report, please do not hesitate to contact the undersigned. Respectfully submitted, CONSTRUCTION TESTING & ENGINEERING, INC. o ah n Goodmacher, CEG #2136 an T. Math, RCE #61013 Seni r Engineering Geologist Senior Engineer QRpFESS/0,y9 v No. T. 1 Z tij,9,, Fyc 1 O��\ !/ � OP y �0 C��� LU No. 61013 9� M A EXP. F OF OAS'\�O s�9r CIVIL F OF CA FA104936\Rpt_Update Geotechnical.doc 117.2y000°W 117.23333°W WGSO4 117.21667°W o o tV- M 4v T ' 7 „ W r �' �• _ rID .t�•�' i o r,.r` i.��--~� \ '��¢ �/ �A SITE c 41. V. ..�" I•�J,. awe,-. ,� r `-./ 'l � `�_\/q00 r � z t-,a (t ill' Z o° " -� �" l� - ° 0 lA `Y M - 49 C`! .� I I g�\ � ✓I � i�--ter/' ..4�r r I z - 117.25000° W 117.233330 W WGSB4 117.21667°W TN /MN 0 5 MILL J13.000 EEEI 0 I=METHS V Printed from TOPOI 02000 Wildflower Pmdxtions(www.topocom) CONSTRUCTION TESTING &ENGINEERING, INC. o GEOTECHNICAL AND CONSTRUCTION ENGINEERING TESTING AND INSPECTION o w ?414 VINEYARD AVENUE•STE G ESCONDIDO CA.92029(760)7464955 EN6RIEFRIIJ�JHC. SITE INDEX MAP cTEtoa"°: 10-4936 PROPOSED RESIDENTIAL DEVELOPMENT LOT 3,PARCEL MAP 17929 AS shown ENCINITAS,CALIFORNIA DATE: FIGURE: 06/01 1 N `7• Q � U o z o z �O C� a .......... c0 H x aac W Owe a N H U = aFwv zuy QI .. . OAe F �"� iZt ►r in a .. CaFu w a ow UN O � x a ao d � u M Ow CU z 0 L9 i a L1] � a z � H WLo z o va c: 4p�9 W E � z o � aF 4p5 v w C) cc , P O � zz 5 a � a z d O U �I 6 Z �iy�v4J SURFACE OF COMPETENT EARTH MATERIAL FILL SLOPE L�I\k , 5' TYPICAL O� 5' TYPICAL LIS' MINIMUM. (INCLINED @ 2% INTO SLOPE) �� ?,, CONSTRUCTION TESTING& ENGINEERING, INC. o OEOTECHNICAL AND CONSTRUCTION ENGINEERING TESTINO AND INSPECnON 2414 VINEYARD AVENUE,STE O ESCONDIDO CA 92029(760)716-4955 er+at�n+a,nac. BENCHING FILL OVER NATURAL DETAIL CTEI"BNO:10-4936 PROPOSED RESIDENTIAL DEVELOPMENT SCALE LOT 3,PARCEL MAP 17929 NO SCALE ENCINITAS,CALIFORNIA DATE: FIGURE: 06/011 3 APPENDIX A REFERENCES CITED P--%6vM I'PUAT:Gff)T CMkk'N_IYk' REFERENCES CITED 1. California Division of Mines and Geology Website, January 15, 1997, California Fault Parameters. 2. Jennings, Charles W., revised 1987, "Fault Map of California with Locations of Volcanoes, Thermal Springs and Thermal Wells." 3. San Marcos Engineering, Inc., 1988, "Preliminary Soils Investigation Report of TPM 87-008 & TPM 18962" [consultant report]. 4. Tan, S.S. and Giffen, D.G., 1995, "Landslide Hazards in the Northern Part of the San Diego Metropolitan Area, San Diego County, California," Landslide Hazard Identification Map No. 35, California Division of Mines and Geology, Open File Report 95-04. r,uw+.e,kn 1'HfATI-.fflTlt'IIVN'AI_IP x' APPENDIX B FIELD EXPLORATION LOGS f.tILLpM"f M ATEOIIIM N\ICAI..IY, o � , F o � A a Q ° a w vi co b U O .b • a G U `d z N � o � � 8 f n cc a �, zh � cd En w � � � •� `.J o �3 Pz w � P Z A zo < o o W a c U x 0-4 w W v E- A-� A cz o �O O v C7 z zm z w Q a W a F f U U Q v] u Y. — r? c U vi E^ Z z U > z u > ^U cz 'd C z c O ._ �U ca U .0-5:O •p F GU"o 0i .b,� ca � m < �... b En b F' O cc n R M.�_ oj u..c°c a E— .°.a° o t. a N w ao th > F E-z F E✓ adA.L uom u aiduieS �ITng cv a M ^o (laa3)41da(I o 'n W) o Sol aigdujo logwXS'S•o'S•fl Z (%)amis!ow UoQ W .., w (lid),CltsuaQ U(] a� U N V � O O H Ux W tz1 W U V2 b C � � � U g o cz a O U � � Z o U b � •. W < , ZW Z F ry O a C� F U Q w 2 C4 z o cL C y Cp 0 Q C7 z Z > > J v 1 '> z _ x c rTl a� Fr- F Q < a l O U U UE �z � 7v w w _o. W f w a� oA N Z m H •� �, N O z° o cz to_ cOO z op C Q 48. 0 z 3 C V En 5 M ° e No oO.b c E o"U G o 00 CN Eo- F Z F°- E- cv adAj. UanuQ v -IdumS Kfnfl U ti a c�� b (1aa3)43daQ So-j;igdujo W — � to9uL(S z %)unls!oY�I O w F (jad)/4isaaQ SiQ a U N O �pp W .O D o z o LL F X .W] W W H U .0 R G O • O, C U E y z x r-4 o > is a E z w ca z e C .? w < � ct U. 3 w o a A O CA � � r Q � ❑ X23 Z u a p En z z c o > 3 C tio w H Cq o m y fl > zu > b b c O °z cn.r_chi c < � o O� ;; ai.� E } cn o TA c c 00 U " z � ct cn � e M � cz o N X0.1 ca ad.t,L uanuQ U U aldumS TnEl cC 00.. M b (132j)41daQ p h v7 v� 0 o 0 v 90-1 o!4d—J lo4W,(S'S'D'S'fl z M %)anUsloy�I U p w F (lad)14lsuaQ CtQ a. U CONSTRUCTION TESTING & ENGINEERING, INC. OEOTECHNICAL AND CONSTRUCTION ENGINEERING TESTING AND INSPECTION 1111 VINEYARD AVENUE.SUITE O ESCONDIDO CA.93019(760)7161915 m1 GMERO:G.M RESISTANCE "R"-VALUE LOCATION DEPTH "R"-VALUE (feet) TP-3 0-2 46 LABORATORY SUMMARY CTE JOB NO. 10-4936 APPENDIX C LABORATORY METHODS AND RESULTS ro«.µwrt wnreautrci.K•nLnx• 145 140 135 130 125 I � g 120 U' W 115 , 3 N z IIo 04 A r • 105 loo , I i 90 --T- -T T-T-,—�+ ##4#44:;: N I ),, �k SS 0 5 10 15 20 25 30 35 PERCENT MOISTURE (%) ASTM D1557 METHOD ® A ❑ B ❑ C MODIFIED PROCTOR RESULTS LAB SAMPLE DEPTH MAXIMUM OPTIMUM SOIL DESCRIPTION DRY DENSITY MOISTURE NUMBER NUMBER (FEET) (PCF) CONTENT (%) 11186 TP-1 0-1.5 LIGHT BROWN SILTY SAND 112.0 13.6% CTE JOB NO: �'c� CONSTRUCTION TESTING&ENGINEERING, INC. DATE: 6/01 GEOTECHNICAL AND CONSTRUCTION ENGINEERING TESTING AND INSPECTION 10-3 093 ��urrcrxinc��c 2111 VMEI'ARD AVENUE,SCE G ESCONDIDU CA.92029(760)7161935 FIGURE: C-1 NoText 1988-0465889 Recording Requested by - San Diego Gas&Electric Company DOC 1998_046585 Wken recorded,mail to: 1434 Jul 2 7 , 1998 11 ::L8 AM San Diego Gas&Electric Company OFFICIAL RECORDS P.O.Box 1831 SAN DIEGO COUNTY RECORDER'S OFFICE San Diego,CA 92112 GREGORY J. SMITH, COUNTY RECORDER Attn:Real Estate Transactions-CP4106 FEES: 14.00 " NA SPACE ABOVE FOR RECORDER'S USE Project No.: 832651-040&Gas Serv.Orders Const.No.: 2628241 Transfer Tax None APN No.: 264-143-69 SAN DIEGO S&ELECTRIC CQMPANX 151.82 Zu' i EASEMENT DENNIS J.HAUSWIRTH AND LORI LEE HAUSWIRTH,hereinafter called "Grantor", grants to SAN DIEGQ. GAS ELECTRIC COMPANY, a corporation, hereinafter called "Grantee", an easement and r ht of way to erect, constrict, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of (1) Underground electric facilities,and appurtenances for the transmission and distribution of electricity, (2) Underground communication facilities, and appurtenances, (3) Pipelines and appurtenances for any and all purposes, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes across Grantor's land situated in the City of Encinitas, County of San Diego, State of California described as follows: Parcel 3 of Parcel Map No. 17929, filed October 30, 1997 at File No. I997-0544371 in the Office of the County Recorder of said County of San Diego. The said easement in the aforesaid lands shall be particularly described as follows: The Southwesterly 20.00 feet of said Parcel 3 being shown and delineated as "PROPOSED PRIVATE ROAD AND UTILITY EASEMENT"on said Parcel Map No. 17929. Grantor will exercise only such reserved rights in said land as will not interfere with or Prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the rights hereby granted. Grantee shall have the right to assign any or all rights granted in this easement in whole or in part to other companies providing utility or communication services. Grantee shall have the right to top, cut,remove, or trim interfering plants and trees, and to keep said easement free from and to prevent any person,including Grantor and successors and assigns, from erecting, placing, or storing on said easement any flammable or other hazards and any structures, objects,or earth fills/cuts or other obstructions,except walls and fences. taand.•data:McGulre:832651-1 1 n 9197 `CD CD 0 6 2002 Order., deb2 Description: 9998.465859 Page 9 of 3 Comment: 1435 The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. Dated AD I US8WIRTH 1 LORI LEE"HAUSWIRTH Prepared by McGuire Date 05/11/98 STATE OF 0-+�cFaN,q COUNTY OF !�.4,,73ra o ASS. On J-U,-t 23 � f 4QS ,before me bond Pcc%�c r � (name,title of officer),appeared 14-A-L,( / 'D LokI I-CE l4-'7-4sw,Anj d personally known to me UF--- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me, that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature G MAY1�,� r:land:data:McGuire:832651-1 9/97 2 Order., deb2 Description: 9998.465859 Page 2 of 3 Comment: ih ♦a V GOVERNMENT CODE 27361 .7 1436 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT 1S ATTACHED READS AS FOLLOWS: Name of the Notary: � X� CU�2E' Commission Number: Z12 y�/�J ' Date Commission Expires: County where Bond is Filed: C=�= /V Q,1�G,O Manufacturer / Vendor Number: Place of Execution: d.4iyiy Date: 'Jam Signature: 4194 Rec.Form #RIO Order., deb2 Description: 9998.465859 Page 3 of 3 Comment: NOTICE (This notice is required by California Government Code Section 12956.1.) If this. document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. DOC # 1997-0539059 Recording Requested Bys ) 13$ OPT 289 1997 12941 PM City of Encinitas ) OFFICIAL RECORDS SOH DIEGO COUNTY RECORDER'S OFFICE When Recorded, Mail Tot ) �'. GREGORY J. SMITH, COUNTY RECORDER City clerk FEES+ 0.00 \ City of Encinitas ) 505 South Vulcan Avenue ) . � I���Ilullu�n��l�l! •����lu��ll��I�11 Encinitas CA 92024 ) f' SPACE ABOVE PRIVATE SEWER MAINTENANCE AGREEMENT FOR TPM 94-142 Assessor's Parcel Project No.t TPM 94-142 Not 264-4.4.3-54 --- W.O. No. ; THIS AGREEMENT for the maintenance and repair of that certain private sewer, the legal description and/or plat of which is set forth in Exhibit A attached hereto and made a part hereof, is entered into by DENNIS 3 HAUSWIRTH AND LORI LEE HAUSWIRTH (hereinafter referred to as "Developer") for the benefit of future subdivision lot owners who will use the private sewer (hereinafter referred to as "lot owners", which shall include the Developer to the extent the Developer retains any ownership interest in any lot or lots). 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, a Developer is the owner of certain real property RM/h2/BC4-122wp51 (12-06-93) Order.-deb Description: 1997.539859 Page 1 of 12 Comment: 135 ; being subdivided and developed as TPM 14'14; that will use and enjoy the benefit of said sewer. A complete legal description of said real property is attached, labeled Exhibit 0, 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 sewer be maintained in a safe and usable condition by the lot owners; and WHEREAS, it is the desire of the Developer to establish a method for the maintenance and repair of said private sewer and for the apportionment of the expense of such maintenance and repair among existing and future lot owners; and WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running with the land, binding upon each successive lot owner- of all or any portion o£ thV propV"y, NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property is benefitted by this Agreement, and present and successive lot 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 sewer shall be divided equally among the subdivided parcels created in RM/hz/BC4-122wp51 (12-06-93) Order.' deb Description: 1997.539859 Page 2 of 12 Comment: 136 the subdivision and paid by the lot owner of the heirs, assigns and successors in interest of each such owner. i 3. In the event any of the herein described parcels of land are subdivided further, the lot 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_ pares13.:-' 4. The repairs and maintenance to be performed under this Agreement shall be limited to the following unless the consent for additional work is agreed to by a majority votes of the lot owners owning 100% of the number of parcels, including subdivisions thereof as described in Paragraph 3 above: Reasonable sewer improvements and maintenance work to adequately maintain the sewer facility and related structures. Such repairs and maintenance shall include, without limitation, repairing cracks, leaks, stoppage, damage caused to sewer easement landscaping and any structures allowed in said easement such as driveways, walls, water lines, etc•. , and other work reasonably necessary and proper to repair and preserve the sewer system and related easements; 5. Any extraordinary repair required to correct damage to said sewer that results from action taken or contracted for by lot 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 sewer to the condition existing prior to said damage. RM/h2/HC4-122wp51 (12-06-93) Order.' deb Description: 1997.539859 Page 3 of 12 Comment: ' 137 6. It is agreed that Developer is initially the agent to contract and oversee and do all acts necessary;to accomplish the repairs and maintenance required and/or authorized under this Agreement. Developer further agrees that the agent may at any time be replaced at the direction of a majority of the lot owners. Repair and maintenance work on the private sewer shall be commenced when a majority of the lot owners agree in writing that such work is needed. The agent shall obtain three bids from licensed contractors and (shall accept the lowest of said three bids and shall then initiate the work. . Th a =agent shall be paid for all costs inc!arred including a reasonable compensation for the agent's services, and such costs shall be added to and paid as a part of the repair and maintenance costs; provided, however, that compensation for the agent's services shall in no event exceed an amount equivalence to lo% of the actual cost of repairs and maintenance performed. In performing his duties, the agent, as he anticipates the need for funds, shall notify the parties and each party shall within forty-five (45) days pay the agent, who shall maintain a trustee account and also maintain accurate accounting records which are to be available for inspection by any party or authorized agent upon reasonable request. All such records shall be retained by the agent for a period of five years. 7. Should any lot owner fail to pay the pro rata share of costs and expenses as provided in this Agreement, then the agent or any lot owner or owners shall be entitled without further notice to RM/hz/BC4-122wp51 (12-06-93) Order.,deb Description: 1997.539859 Page 4 of 12 Comment: 138 institute, legal action for the collection of : funds advanced on behalf of such lot owner in accordance with ,.the provisions of California Civil Code Section 845, and shall be entitled to recover in such action in addition to the funds advanced, interest thereon at the current prime rate of interest, until paid, all costa and disbursements of such action, including such sum or sums as the Court may fix as and for a reasonable attorney's fees. 8. Any liability of the lot owners fOr patsonal injury to the agent hereunder, or to"-any worker employed to make repairs or pr-vide-'maintenance under this Agreement, or to third persons, as W011 as any liability of the lot 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 iaintenance under this Agreement, shall be borne, as between the lot owners in the same percentages as they bear the costs and expenses of such repairs and maintenance. Each lot owner shall be responsible for and maintain his 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. Each of the lot owners agrees to indemnify the others from any and all liability for injury to himself or damage to his property when such injury or damage results from, arises out of, or is attributable to any maintenance or repairs undertaken pursuant to this Agreement. RM/hz/BC4-122wp51 (12-05-93) Order: deb Description: 1997.539859 Page 5 of 12 Comment: 139 9. Lot owners shall Jointly and sev4rally 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 attorneyrs fees, to the agent Hereunder or to any lot owner, any. contractor, any subcontractor, 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 sewer, 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 each of the lot owners and each and every person who shall at anytime own all or any portion of the property referred to herein. RMJhzJBC4-122wp51 (12-06-93) Order.' deb Description: 9997.539859 Page 6 of 12 Comment: 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 lot owners. 12. It is the purpose of the signatorie's 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 pert{on thereof, by acceptance of delivery. .of a desci '-and/or conveyance regardless of form; snail 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 7 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 lot owners and consent of the City. 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. RM/hz/BC4-122wp51 (12-06--93) Order. deb Description: 9997.539859 Page 7 of 12 Comment: 141 , 15. , If the Property constitutes a : "Common Interest Development" as defined in California Civil Code Suction 1351(c) which will include membership in or ownership pf 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 sewer easement) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private sewer and shall be deemed the "agent" as referred to in Paragraph 6 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) ThQ provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 7 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 RM/hz/BC4-122wp51 (12-06-93) Order. deb Description: 1997.539859 Page 8 of 12 Comment: gVil Code Section 13S1(b) in the Property except as may be allowed by the Declaration. (c) This Agreement shall not be interpr6ted in any manner which reduces or limits the Association's rights and duties pursuant to its Bylaws and the Declaration. ( IN WITNESS WHEREOF, the parties have executed this Agreement on the AP day a 007Z7t31-: , 19,07 Deve opera / E nature o! DEVELOPER must be notarized. Attach the ropriate acknowledgement. RM/hz/BC4-122wp51 (12-06-93) Order.' deb Description: 1997.539859 Page 9 of 12 Comment: CALIFORNIA ALL-PURPOSE:ACKNOWLEDGEI ENT STATE OF CALIFORNIA )SS COUNTY OF San Diego I On October 2, 1997 before ma, Joanne Marzo, Notary Public pereonaUyappeare rr . TRTH ANI�-LOAfLEE�QCaSpTli'PR +"---'-----°--------------- personally known to me(or prove to me on t as s o set a ectory ev ilea to t e pp�or�aon a wftoae nnmaYe� are fu embed to t» within Instrument and acknowledgec to me that N4Jb$e/they executed the same In D(IAQi*1thelr authorizud caponityflos) and that by tm=thelr signatures)on the Instrument the personis)or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS y hen nd officials al. JOANNE MARZO slgnatur xx 9440mfts Carclnl.01062W8 J NOTARY PUBLIC C ALIFORNIA SAN DIE00 COUNTY MY Comm•Exp.Juno 22,1999 oaff oiah+rxr+ie►s ►�e�,} OPTIQNAI_SECI.Ohl � CAPACLITY CLAIMED BY SIGNER Though statute does not require the Notary to fill In the data below, doing so may prove invaluable to persons relying on the document ] 114DIVIDUAL I ] CORPORATE OFFICERIS) TITLE(S) ] PARTNER(S) - 1 I LIMITED I A GENERAL ( ] ATTORNEY-IN-FACT I ]TRUSTEE(S) ] GUARDIAN/CONSERVATOR 1 ] OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the date requested here is not required by law, it could prevent. fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Order: deb Description: 1997.539859 Page 10 of 12 Comment: _ I 144 U U U ^ i 0 m m m j EXHIBiT A Z a a a v v v v PRIVATE SEWER PLAT � po 1 m Q pO �• \ + Q < O fV N O1 ! ! 1I 'to W r m p N r, N b q W Q P c9 �i v~i w z z z 3 R _ Ld \ r ra cl �CO OR kA. L9 bt / U z y t Ld LJ U U a < 0 \OA C� rn ti0 %ice 1 �X9 bfr Order.- deb Description: 1997.539859 Page 11 of 12 Comment: EXHIBIT 8 PROPER'�7C''v1S CR2 PT z ON THAT PORTION OF LOTS 81 AND 8 1 A OF THE COLONY OF OLWEMIA1N,IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO,326,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN D1E00 COUNTY,JULY 8, 1885,TOGETHER WITH THOSE PORTIONS OF"B"AND"C"AND 13TH STREETS,ACCORDING TO MAP NO, 326,DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE fNTERSEC 110N OF THE CENTER LINES OF SAID"C"STREET, AND 1 ZrN STET; THENCE NORTHWESTERLY ALONG THE CENTER LING OF SAID 13 A DISTANCE OF 440.00 FEET; THENCE SOUTH 10 29' WEST, PARALLEL WITH THE CENTER LM OF SAID"C"STREET,A DISTANCE OF 170.00 FEET; THENCE SOUTHEASTERLY AND PARALLEL WITH THE CENTER LINE OF A COUNTY ROAD,AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER 29, 1930 IN BOOK 1817,PAGE 328 OF DEEDS(RANCHO SANTA FE ROAD),A DISTANCE OF 290.00FEET,MORE OR LESS,TO THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO ROBERT S.GALLS,ET UX.RECORDED AUGUST 22, 1957 IN BOOK 6718,PAGE 481 OF OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE TO AN INTERSECTION WITH THE CENTER LINE OF SAID"C"STREET; THENCE NORTH I4°29' EAST, ALONG THE CENTER LINE OF SAID"C"STREET,TO THE POINT OF BEGINNING. Order: deb Description: 1997.539859 Page 12 of 12 Comment: i }t1WCORDING)tHQLIIrSTED SY }{ 1997-0602129, •"' t : I 9rstAmeri= Me \ DOC tt AND wHEM RWGI DEW MAIL TO: NOV 26% 1997 4204 PM Kennedy Development of California, LLC, 7720 IEl Camino heal Ste-26 GTICIBL RECORDS Carlsbad,CA 92009 ,� SAN DIEM RDER COUNTY RECO 'S OFFICE Attn: Miks GREGORY L SNITNr COUNTY RECORbFR VERNON � �oc>: 616,QC �I� 11 Spas*Above This 1-ba forReoordees Lao only A.P.N.: 884-143-6400 Order Na.. 1933141 Escrow No.: 17207-F GRANT DEED t THE UNDERMONED GRANTOR(s)DECLAREisl THAT DOCUM901TA11Y TRANSFER TAX IS:COUNTY .'fl0 el [X I computed on full value of property conveyed,or (( ] computed on full vacua Isar value of liens or encumbrances remaining at time of sale, uryncatporaied area: [ $ 7 Chy of CnCitdt�s.and FOR A VALUABLE CONSIDERATION, Receipt of which Is hereby acknowledged, Dennis J. Hausvvirth and Lori Lee Hauswirth, husband and wife as community property hereby GRANT(S) to Kennedy Development of 09fornis,LLC, a Caliifomla lfmfted liability corporation the following described property in the City of Encinitas, County of San Diego State of Ca&orrd2; PARCEL A: Parcel 1, 2 and 4 of Parcel Map No. 17929, In the City of Encinitas, County of San Diego, State of California,filed In the Office of the County Recorder of San Diego County, October 30, 1997 as File No. 1997-0544371 of Official Records; more pauti ulady described as per BXHIBrr "A" attached hereto and made a part hereof by this reference. r - `1 H s Irth Lori Lee auswirth Document Date: _ November 5. 1,997 GRANT DEED CONTINUED ON NEXT PAQE Mall Tex Statements to: SAME;AS ABOVE or Address Noted Below DENMS adh SD;1997 00602129 a. oc i Zoo in 06/04/200109:21 AM 1 of 3 YVd SZ:60 TO/%0/ i A.R.-M.: 264-143-54-00 14 - < GRANT DEED -CONTINUED STATE OF CA FORNA )gS COUNTY OF ) before rne, 4YVL&arcaLa C" personally appeared personally known to me(or proved to me on the basis of ee taotory evidence)to be the person($►whose namals)Ware aA40nbed to the within Insvwnern and acknowledged to me that Womithey excomed the Sarno In hWAUWnMelr authorized cepq*y(iea) end that by his wAheir alW oture(al on the innmmerrc the peMgnie)or the entity upon behalf of which the person($) acted, examnad the instrum6M, WITNESS my hand and official real_ sigr►atur. ,.L�1'Ul a c��A L�Y1a , Thb&ran for official notarial seal. KMDA ARCIDIAC0140 NDT�PgSL 0 vM*MM Mye�o 1�n��Ytat�R DENNIS adhoc- SD-1997 00602129 coo in 06/04/200109-21 AX4 nf''A %Vd W60 TO/VO/90 .r • 1483 =MIT "e ORDER No. LEGAL DESCRIPTION THE LAND REFERRED TO HaREIN' IS SITUATED IN THS STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 1, 2 AND 4 OF PARCEL MAP NO. 17929, IN THE CITY OF ENCINITAg� COUNTY OF SAN DIEGO, STATE OF CALIpORNjA, FILED IN TH$ OFFICE OF TH8 COUNTY RECORDER OF SAN DIEGO COUNTY, OCTODER 30, 1997 AS FILg NO. 1997-OS¢g371 OF OFFICIAL RECORDS. RESERVING THEREFROM IN FAVOR OF TIM GRANTOR AN WAY FOR INGRESS AND EGRESS, ROAD AND UTYLITY piTRppSE T AND OVER RIGHT OP ALONG AND ACROSS THAT PORTION OF PARCEL 2 OF SAID PARcR , ` TMDFR, DELINEATED AND DESIGNATED THEREON AS PROPOSED PRIVATE ROAT� A2� 17929 EASEMENT. UTILITY PARCEL $: AN EASEMENT AND RIGHT OF yOAy FOR _INGRESS AND $ PURPOSES OVER, UNDE ALONG FO NG 61$SS, ROAD AND UTILITX ✓ SAID PARCEL MAP 17529 DELINEATED ACROSS THAW PORTION OF PARCEL 3 OP' PRIVATE ROAD AND UTILITY EASEMENT AND DESIGN7�TED THEREON AS PROPOSED PARCEL C: AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES* OVER, UNDER, ALONG AND ACROSS THAI' PORTION OF PARCEL 3 OF $AID PARCEL MAP 17929 DELINEATED AND DESIGNATED THEREON AS PROPOSED PRIVATE SEWER EASEMENT. DENNIS ad- - D:1997 00602129 yOQ� 06/04W 0] 89-21 �M z 3 8 •80 i nom, pF FtRST AM RIGM `It 441 DOC # 1999-0311381 SUBIDIVISION SALVD p�FA 1ff MAY 06 , --L999 4 : 45 PM Recording Requested By ) and ) OFFICIAL RECORDS When Recorded Return To: SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER Edward C. Munn,Esquire } FEES: zo.00 MUMS, WAGNER,ANASTOPULOS & ) LYNN,APC ) 701 B Street,Suite 1601 ) `San Diego, CA. 92101-8115 j 199U-0311081 �I I �C, S� FIRST AMENDMENT TO PRIVATE ROAID MAINTENANCE AGREEMENT FOR TPM 94-142 Assessor's Parcel Nos. 264-143-67-00;264-143-68-00;264-143-69-00;264-143-70-00 The Private Road Maintenance Agreement for the maintenance and repair of that certain private road easement, recorded as Document# 1997-0539858 on October 28, 1997, in the office of the County Recorder of San Diego County, State of California,pursuant to the provisions of paragraph 14 thereof, is amended as follows: Paragraph 2 is amended to read in full as follows: "2. The cost and expense of maintaining the private road easement shall be borne by the individual parcels which benefit from the use of said private roadway in the following shares: Segment "A" on Exhibit A Segment f&' on Exhibit A Parcel 33 1/3 % 50% Parcel 33 1/3 % 50% Parcel 4 33 1/3 % Q-Q 100% 100% Parcel 1 shall bear no part of the cost and expense of maintaining the private road easement. The shares to be borne by the respective parcels shall be paid by the parcel owner or the heirs, assigns and successors-in-interest of each such owner." 1 Order: deb2 Description: 1999.311381 Page 1 of 5 Comment: x,1442 2. Except as amended, the Private Roadway Maintenance Agreement shall remain in full force and effect. Executed at Encinitas, California on the dates indicated below. Owner of Parcel 1: Kennedy Development of California,LLC Date: By: Michael . Galey,Preside Owner of Parcel 2: Kennedy Developme of California,LLC Date: /�? 1 ti T By: Michael H. Galey,Preside t Owners of Parcel 3: Date: ennis J. swirth Date: L/I z g 1 cJ cl A&'—' — Lori Lee HauswirthT Owner of Parcel 4: Kennedy Development of California,LLC Date: By: Michael H. Galey,Presi e APPROVED BY THE CITY OF ENCINITAS on May 6 ' 1999 By: Blair A. Knoll Title: Acting Senior Engineer 2 Order.'deb2 Description: 9999.391381 Page 2 of 5 Comment: !,X-57"K4 HUT AMENDMENT TO PR TV A TE R A' r 0 uj 13171.(S72'1,5, 42',S,, 64-, 40# ---, co .20- -00'_ 40.00, -4 2 220np 440 .00, C OOP E Iv74. '392000, '00",P/ ___ 1300 0 PARCEL 2 0.63 ACRES GROSS 0.55 ACRES NET 0 A B CF) v 01 PARCEL 3 /J 0.59 ACRES GROSS 0.55 ACRES NET D 17 E31 .04 to ZD (9 > 4") N, G 40 ARCEL 4 R6 ACRES G �n:;S & NET D f G CA 141)VO RAJVCIIO Order., deb2 Description: 1999.311381 Page 3 of 5 Comment ' 11444 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On /�r�iil .27 /f99 , before me, �uhrf�G 7�!'1a1� ,Notary Public, personally appeared A-!,'h6d A & , ersonally kn (or proved to me on the basis of sat factory evidence)to be the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal (Seal) LYNETTE TERZIC 4aryPubfic N ` A NOTARY PUBLIC-CALIFORNIA i San Diego County " My Comm.Expires Nov.28,2000 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On �t��d qq , before me, 41h� 1a'L!U ,Notary Public, personally appeared_�r%;S J: ffiusw;►12, ,personally known to me(o r e to me on the basis of satisfacto evi enc to be the persons whose names are subscribed to this instrument,and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal (Seal) LYNETTE TERZIC 4Nr7 Pub d V NOTARY PUBLIC-CALIFORNIA i �! San Diego County My Comm.Expires NOV.28,2690 Order: deb2 Description: 1999.311381 Page 4 of 5 Comment: 11.440 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On Aw%13o' 199 ,before me,_ iynt& Tu't�e ,Notary Public, personally appeared_ Lori lee'Hecti'i' i� ,personally known to me(o rove to me on sa as acto ev> enc to be the persons whose names are subscribed to this instrument,an d acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal (Seal) LYNrM TERZIC - = Comm,#1118646 ►►np N '•,A NOTARY PUBLIC-CALIFORNIA UJ San Diego County My Comm.Erpires Nov.28,2000 Notjxy Public STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO ) nn On �r l�q ,before me,�1�,UDA 6. / y(� ,Notary Public, personally peared_ _ 46/./J-/2 XIVQ0 -L- ,personally known to me or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal (Seal) OFFICIAL SEAL RANDA G. MILLJOU R Notary Public • �' NOTARY PUBLIC•CALIFORNIA� A DO DIEGO CO NTY MY COMM.EXP.JAN.6,2003 Order: debt Description: 9999.399389 Page 5 of 5 Comment: RECORDING REQUESM By tic FirstAmerkan Me DOC # 1997_002127 AND WHEJM RECORD®MAL TO: NOV 26, 1997 4:04 PM Kennedy Development of California,LLC, IJ 7720 El Camino Real Ste-26 OFFICIAL RECORDS Carlsbad,CA 92009 ��1�8 SAN DIEGO ED MY RE(SIRDER'S NICE Attn: Mike GREGORY 1. RITN, CO PP RECOW Fps= 6I10c Space Above 7Lis Line for Recorder's Use Only A.P.N.:264143-54400 Order Ho.. 155314-1 Escrow No.: 17207-F GRANT DEED 6`; A.P.N.: 264143-64-00 1482 - GRANT DEED-CONTINUED STATE OF CAU FifilA )SS COUNTY OF = I On before me. T f wL,�.u rC J 1A( 7 o personaly VMM*red personalty knoom to me(or proved to me on the basis of eatlataetory evidence)to be the person(s)whose neme(s)Were auhatraed to the within kmtrument and aeknowtedged tome that haMwItheY executed the same In hkAbarfthair authorized aQaehy('ies) and that by hkAwftheir signature(s)on the Instrument the personlq at the wWry upon behalf of which the parson(s) acted, executed the instrtanant. WETNESS my hand and official anal. stcnatt�e _aDnAn,-Qy l J.A uy-n This area for of fiat ncto W"&I. e . fONDl1 ARGiDiACONO � t Conll 01057M -� �DIIODCOftRlfr *cc tln etP,�tll f t i i9i! Order.- de62 Description: 1997.602129 Page 2 of 3 Comment: 1483 • RXM rT "A° ORDER NO. 1155314-1 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 1, 2 AND 4 OF PARCEL MAP NO. 17929, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1997 AS FILE NO. 1997-0544371 OF OFFICIAL RECORDS. RESERVING THEREFROM IN FAVOR OF THE GRANTOR AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 2 OF SAID PARCEL MAP 17929 DELINEATED AND DESIGNATED THEREON AS PROPOSED EASEMENT. PRIVATE ROAD AND UTILITY PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 3 OF SAID PARCEL MAP 17929 DELINEATED AND DESIGNATED THEREON AS PROPOSED PRIVATE ROAD AND UTILITY EASEMENT. PARCEL C: AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 3 OF SAID PARCEL MAP 17929 DELINEATED AND DESIGNATED THEREON AS PROPOSED PRIVATE SEWER EASEMENT. Order: deb2 Description: 9997.602129 Page 3 of 3 Comment. NOTICE (This notice is required by California Government Code Section 12956.1.) If this, document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. ` Doc 4 1997-4539858 0� ` 122 UCT 28, 1997 12=41 Ph Recording Requested BY: SCI DIE '5 BFI ' City of Encinitas ( 6a"fi 11.. gIIH,MKY MW When Recorded, Mail To: City Clerk City of Encinitas ) � 505 South Vulcan Avenue ) SPACE ABOVE FOR ` --_ Encinitas CA 92024 ) PRIVATE ROAD KLINTENANCE AGREWWNT FOR TPH 94-142 Assessor's Parcel Project No.: TPM 94-142 No. 264-143-54 W.0. No.s THIS AGREEMNT for the maintenance and repair of that certain private road easement, the legal description and/or plat of which is set forth in Exhibit A attached hereto and made a part hereof, is entered into by DENNIS J HAUSWIRTH AND LORI LEE HAUSWIRTH (hereinafter referred to as 'Developer") for the benefit of future subdivision lot owners who will use the private road easement (hereinafter referred to as "lot owners", which shall include the Developer to the extent the Developer retains any ownership interest in any lot or lots). WFEREAS, 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, RM/hz/BC2-110wp51 (08/11/94-1) 1 Order. deb Description: 1997.539858 Page 1 of 12 Comment. 123 wgERM, Developer is the owner of certain real property being subdivided and developed as "rPM `1'�'-lQ'2. that Will use and enjoy the benefit of said road easement. A complete legal description of said real property is attached, labeled 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 road easement be maintained in a safe and usable condition by the lot owners; and WHEREAS, it is the desire of the Developer to establish a method for the maintenance and repair of said private road easesant and for the apportionment of the expense of such maintenance and repair among existing and future lot owners; and WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running with the land, binding upon each successive lot owner of all or any portion of tha property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property is benefited by this Agreement, and present and successive lot 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 road easement shall be divided equally among the subdivided parcels GT/hz/BC2-11Owp51 (o8/11/94-1) 2 Order: deb Description: 1997.539858 Page 2 of 12 Comment: 124 created in the subdivision and paid by the lot owner or the heirs, assigns and successors in interest of each such owner. 3. In the event any of the herein described parcels of land are subdivided further, the lot 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 unless the consent for additional work is agreed to by a majority vote of the lot owners owning 100% of the number of parcels; including subdivisions thereof as described in Paragraph 3 above: reasonable and normal road improvement and maintenance work to adequately maintain said private road easement and related drainage facilities to permit all-weather access. Repairs and maintenance under this Agreement shall include, but is not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris, maintaining signs, markers, striping and lighting, if any, and other work reasonably necessary and proper to repair and preserve the ea anent for all-weather road purposes. 5. If there is a covenant, agreement, or other obligation imposed as a condition of subdivision approval to make private road improvements to the private road easement, the obligation to repair CT/hz/BC2-110wp51 (08/11/94-1) 3 Order: deb Description: 9997.539858 Page 3 of 12 Comment. 125 .and maintain the private road easement as herein set forth shall commence when the private road improvements have been completed and approved by the City. 6. Any extraordinary repair required to correct damage to said road easement that results from action taken or contracted for by lot 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 road easement to the condition existing prior to said damage. 7. It is agreed that Developer is initially the agent to contract and oversee and do all acts necessary to accomplish the repairs and maintenance required and/or authorized under this Agreement. Developer further agrees that the agent may at any time be replaced at the direction of a majority of the lot owners. Repair and maintenance work on the private road easement shall be commenced when a majority of the lot owners agree in writing that such work is needed. The agent shall obtain three bids from licensed contractors and shall accept the lowest of said three bids and shall then initiate the work. The agent shall be paid for all costs incurred including a reasonable compensation for the agent's services, and such costs shall be added to and paid as a part of the repair and maintenance costs; provided, however, that compensation for the agent's services shall in no event exceed an amount equivalent to 10% of the actual cost of repairs and maintenance performed. In performing his duties, the agent, as he CT/hz/BC2-ll0wp51 (08/11/94-1) 4 Order.' deb Description: 1997.539858 Page 4 of 12 Comment: 126 .anticipates the need for funds, shall notify the parties and each party shall within forty-five (45) days pay the agent, who shall maintain a trustee account and also maintain accurate accounting records which are to be available for inspection by any party or authorized agent upon reasonable request. All such records shall be retained by the agent for a period of five years. a. Should any lot owner fail to pay the pro rata share of costs and expenses as provided in this Agreement, than the agent or any lot owner or owners shall be entitled without further notice to institute legal action for the collection of funds advanced on behalf of such lot owner in accordance with the provisions of California Civil Code Section 845, and shall be entitled to recover in such action in addition to the funds advanced, interest thereon at the currant prime rate of interest, until paid, all costs and disbursements of such action, including such sum or stuns as the Court may fix as and for a reasonable attorney's fees. 9. Any liability of the lot owners for personal injury to the 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 lot 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, as between the lot owners in the same percentages as they bear the costs and expenses of such repairs and maintenance. Each lot owner shall be responsible for and maintain his own insurance, if any. By this Agreement, the Developer does CT/hz/BC2-110wp51 (08/11/94-1) 5 Order: deb Description: 1997.539858 Page 5 of 12 Comment: 127 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. Each of the lot owners agrees to indemnify the others from any and all liability for injury to himself or damage to his property when such injury or damage results from, arises out of, or is attributable to any maintenance or repairs undertaken pursuant to this Agreement. 10. Lot 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, expanses, personal injury and other costs, including costs of defense and attorney's fees, to the agent hpreunder or to any lot owner, any contractor, any subcontractor, any user of the road easement, 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 road easement. Nothing in the Agreement, the specifications br other contract documents or City's approval of the plans and specifications or inspection of the work is intended to include a review, inspection acknowledgment of a responsibility for any such matter, and city, City's engineer and its consultants, and each of its officials, directors, officers, 4mployees and agents, shall have no responsibility or liability therefore. CT/hz/BC2-llowp5l (08/11/94-1) b Order.' deb Description: 1997.539858 Page 6 of 12 Comment: 128 11. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each of the lot owners and each and every person who shall at anytime own all or any portion of the property ref exred to herein. 12. 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 lot owners. 13. 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 regardl"a 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. 14. The terms of this Agreement may be amended in writing upon majority approval of the lot owners and consent of the City. 15. 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 CT/hz/BC2-110wp51 (08/11/94-1) 7 Order. deb Description: 1997.539858 Page 7 of 12 Comment: • 129 competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. ib. 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 road easement) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private road easement 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, CT/hz/BC2-110wp51 (08111194-1) 8 Order: deb Description: 1997.539858 Page 8 of 12 Comment: 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 tho.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 the Declaration. Ili WT.TMS WHEREOF, the parties have executed this Agreement on the 2NA day of 192. Developer: Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. CT/hz/BC2-110wp51 (08/11/94-1) 9 Order. deb Description: 9997.539858 Page 9 of 12 Comment: • 131 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA )SS COUNTY OF San Diego ) On October 2, 1997 tutors me, Joanne Marzo, Notary Public personally sippearaoi DFNNT 4 T HAllSisIIBTI AIID MR1 LEE HA SWIRIki'xxxx personally known to me or prow to m•on the basis of saes aacdory evidence to �peraon(sjw w namels)Were su3srrIeed to U+• within instrument and acknowledged to me that hlimIthey executed tM same in Rhein authorized capacntylies) and that by ftbrltheir signature(s)on the instrument the personle)or the entity upon beheM of which tha person a) acted,_execuled the Instrument. WITNESS y ,d and officio JOANNE MARZO Corm Signature 711" WTAW PUKIC CXJFOFM SAN DIEGO COUNTY 6bGw=-Fxp.lwe2LiM OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the document. j ]INDIVIDUAL j I CORPORATE OFFICERS) TITLE(Sl I I PARTNER(S) - I I UMTTED 1 1 GENERAL [ j ATTORNEY-IN-FACT I I TRUSTEE(S) ( j GUARDIANxoNsmvATOR [ I OTHER SIGNER IS REPRESENTING: Name of Parson or Entity Name of Person or Entity OPTIONAL SECTION Though the date requested here is not required by law,it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Order: deb Description: 1997.539858 Page 10 of 12 Comment: 132 EXHIBIT A 201 "VO•� 73 RrVATE ROAD s,,4z2p°e dT PLAT �� 0 OOR?� •7 S f rRF V ` 155, 440.00, C 0 E N74 20 pp• p ` er r OpW x``00, olr / r PARCEL 2 0.63 ACRES GROSS 0.55 ACRES NET o A I J 1 `IV ! B 1 r r o PARCEL 3 0.59 ACRES GROSS / /,�n -v: _h 0.55 ACRES NET 1 V� PRIVATE ROAD EASEMENT N 8?• ' 1 °i Os G D �T r rl E G d9 6,2 , ����/ N: 1 i /q E: 5 C AM,t■ r L, to Z: 1 � U a Dec � r O 220 8 y1. 921 RAC-E0 F 2831-p95 Alta 5-5.- 21 ^� SO 35 2�"W 479-4 FOUND- MONUMENT !_ 2" IRON PIPE WITH DISC "LS 5871" 2 3/4' IRON PIPE WITH DISC "LS 4ZSW% r) N0. 16452. REPLACED PER LEGEND. .--, Order: deb Description: 1997.539858 Page 11 of 12 Comment: ' 133 EXHIBIT B PRouRTY DESCRIPTION THAT PORTION OF LOTS 81 AND 8IA OF THE COLONY OF OLIVENHAW,IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.326,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JULY 8, 1885,TOGETHER WITH THOSE PORTIONS OF"B"AND"C"AND 131"STREETS,ACCORDING TO MAP NO.326,DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF SAID"C"STREET, AND 13TH STREET; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID 137"STREET,A DISTANCE OF 440.00 FEET; THENCE SOUTH 10 29' WEST, PARALLEL WITH THE CENTER LINE OF SAID"C"STREET,A DISTANCE OF 170.00 FEET; THENCE SOUTHEASTERLY AND PARALLEL WITH THE CENTER LINE OF A COUNTY ROAD,AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO. RECORDED OCTOBER 29,1930 IN BOOK 1817,PAGE 328 OF DEEDS(RANCHO SANTA FE ROAD),A DISTANCE OF 290.00FEET,MORE OR LESS,TO THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO ROBERT S.GALLS,ET UX,RECORDED AUGUST 22, 1957 IN BOOK 6718,PAGE 481 OF OFFICIAL RECORDS; THENCE NORTHEASTERLY��CENTER LINE OF SAID SOUTHEASTERLY STREET;; TTHENCE NOR INTERSECTION 9 EAST. ALONG THE CENTER LINE OF.SAID"C"STREET,TO THE POINT OF BEGINNING. Order: deb Description: 1997.539858 Page 12 of 12 Comment: i NOTICE (This notice is required by California Government Code Section 12956.1.) If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. DOC # 1997-0539857 ♦ OCT 28, 1997 12=41 PM o f ItItll BECQtDS� 11? SAM DIEM CM RECORDERS OFFICE R`CORDING REQU GREW I. SETH, CMY RCR FED 20.00 When Recorded Mail To: C y it Clerk City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVMW7 REGARDING REAL PROPERTY Assessor's Parcel Number: 264-143-54 Project No. TPM 94-142 A. DENNIS J. HAUSWIRTH AND LORI LEE HAUSWIRTH ("OWNER" hereinafter) is the owner of real property which is commonly known as TPM 94-142 ("PROPERTY" hereinafter) and which is legally described as follows: See Attachment "A" which is attached hereto and made a part hereof. B. In consideration of Final Parcel Map approval for the above referenced project by the City of Encinitas ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment "B" which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, 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. cov5586 bak 08-11-97 Order. deb Description: 1997.539857 Page 1 of 5 Comment: S Q 118 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: 0 iER Dated— Dated ���/q� , (Notarization of OWNER signature is attached) ATTACH NOTARY HERE CITY OF ENCINITAS Dated L�GTa l , /gyp by (Notarization not required? Hill Weedman, City Planner cov5586 bak 08-11-97 Order: deb Description: 1997.539857 Page 2 of 5 Comment: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CAuFORMA ISs COUNTY OF San Diego ) On October 2, 1997 before me, Joanne 14arzo, Notary 77Public IRTH to the personally known to me or pro to me on ssra of satisfactoryevWencel to be the persons)whoswithin kubument and ackwwWped to me that �u1[Itey executed the same in X)Merltha)r autf that by I�ftlwir signsture(sl on tM irotrumertt the persons)or the entity upon behs(f of whicchthe pe rson ema ' t �- JOANNE yyITNE my and official sEel. � . Colnrn.f�IDea,�a Sip NOTARY PLM IC CALrnRw► SAN DIEGO oartrtt 14 0MR.lbP Jum22.tIIW ,• OPTIONAL SECTION CAPACITY CLAIMED By SIGNER Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the document. [ ]INDNIDUAL [ ]CORPORATE OFFICER(S) TITLE(SI ( ) PARTNER(S) • I ]LIMITED I ]GENERAL [ ]ATTORNEY-IN-FACT [ ] TRUSTEE(S) [ ]GUARDIAWCONSERVATOR [ ] OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the date requested here Is not required by law,It could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Order: deb Description: 1997.539857 Page 3 of 5 Comment: 120 ATTACHMENT "An TO COVENANT R=GARDING REAL PROPERTY PROJECT NO. TPM 94-142 PROPERTY DESCRIPTION THAT PORTION OF LOTS 81 AND 8 I OF THE COLONY OF OLIVENHAIN,IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.326,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,3"'STREETS ACCORDING TO MAP NNO.324 DESCRIBEDNAS A"WHO E A,S~ FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF SAID"C"STREET. AND 13TH STREET; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID 13TH STREET,A DISTANCE OF 440.00 FEET; THENCE SOUTH 146 29' WEST, PARALLEL WITH THE CENTER LINE OF SAID"C"STREET,A DISTANCE OF 170.00 FEET; THENCE SOUTHEASTERLY AND PARALLEL WITH THE CENTER LINE OF A COUNTY ROAD,AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER 29,1930 IN BOOK 1817,PAGE 328 OF DEEDS(RANCHO SANTA FE ROAD),A DISTANCE OF 290.00FEET,MORE OR LESS,TO THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO ROBERT S.GALLS,ET=RECORDED AUGUST 22,1957 IN BOOK 6718,PAGE 481 OF OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE TO AN INTERSECTION WITH THE CENTER LINE OF SAID"C"STREET; THENCE NORTH Pf 29' EAST. ALONG THE CENTER LINE OF SAID"C"STREET,TO THE POINT OF BEGINNING. cov5586 bak 08-11-97 Order: deb Description: 1997.539857 Page 4 of 5 Comment: . 121 ATTACSMgNT "B" TO COVMQW REGARDING REAL PROPERTY PROJECT HO. TPM 94-142 owMIS DUTIES AND OBLIGATIONS A. In accordance with Municipal Code Chapter 23.98 in effect at time of fees being paid, park fees for the development shall be paid prior to Final occupancy approval. B. In accordance with the Municipal Code Chapter 23.94 in effect at time of fees being paid, traffic fees for the development shall be paid pr}or to Final occupancy approval. C. In accordance with the Municipal Code Chapter 23.96 in effect at time of fees being paid, flood control fees shall be assessed and collected during the building permit processing prior to the construction of any impervious surfaces. cov5586 bak 08-11-97 Order: deb Description: 1997.539857 Page 5 of 5 Comment: U11 NOTICE (This notice is required by California Government Code Section 12956.1.) If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. , RecN estad BY% Recording ) ` DOC OCT 2r6 + 1997 12 s d 1 FM City of Encinitas When Recorded, Mail To= OFV1GtAt RECOROS,S Off ICE city clerk City of Encinitas SPACE ABOVE FOR M S�I OQ South Vulcan Avenue j SKT FE��s Sb, 505 CA 92024 cinitas REAL PROPERTY I COVENANT RE QUNxRLD AS CONDITI�P,JFER'�y IMPROVEMENTS or REAL FINAL APPROVAL of SUDDIVISIO" F A Project 140" TPM 94-142 W.O. NO.i psgessor'e_..p0rc�1 No. .:. 254=143-54 ' "SUBDIVIDER" �SUBDIV IDER" D LORI LEE HAUSWIRTH J HAUSWIRTtl commonly known A• DENNIS which is hereinafter) is the owner of real property aS TPM 94-142 (-PROPERTY hereinafter" and Which is described as follows: ant A which is attached hereto and see Attachment made a part hereof- approved with the PROPERTY was PP the The tentative subdivision of requiring B. conditions subject to certain has applied the final approval SUBDIVIDER SUBDIVIDER• rovements by not constructed "he construction of �m9 approval of or Linal approval of the subdivision but has final apP f In consideration of ,CITY" required improvements. the City of Encinitas of the PROPERTY by fees for the benefit the subdivision reby covenants and a9 hereinafter) # SUBDIVIDER h •P of CITY, to do the following: See Attachment B which is attached hereto and made a part hereof. 01/20/95 10e15,.TY3 . E • d and be binding upon C. This Covenant shall run with thureao0ners, encumbrances, and inure to the benefit of �eer�a tative�, transferees and successors, heirs, personal P ective parties, and assigns of the reap SC7BDZVDBR' s duties D. SUBDIVIDER agrees that lien upon the PROPERTY' obligations under this Covenant are a the to respond, CITY may add to Upon notice and opportunity Obligation tax bill of the PR t OPERTY any past due financial proper Y . owing to CITY by way of this Covenant f ether party is required to incur costs to enforce the E• I. party shall be entitled - the prevailing p provisions of this Covenant, including reasonable attorneys' to full reimbursement of all costs, fees, from the other party- of this F. Eail'are of SUBDIVIDER to comply with the terms Covenant shall constitute consent to th@ filing by CITY Of a Notice of Violation of Covenant, completion of SUBDIVIDER's G. Upon SUgDIVIDER' s satisfactory S DIVIDER may request and duties and obligations contained herein, CITY shall execute a Satisfaction of versa CI'r`-' may assign to a H By action of the City C ou sons impacted by the performance of this Covenant, the person or per r SUSDIVIEER. right to enforce this Covenant agains. 10e15a.TF3 D1/2D/95 n�� t .• 102 ACCEPTED AND AGREED. SUgDTVTD Dated —4462— - Dated Dated Dated (Notarization of SUBDIVIDER signature ins attached. ) CITY OF ENCINITAS r ��b `�?� ed by r Alan D. Archibald Dat Director of Engineering Services (Notarization not required) 10e15a.TF3 01/20/95 f [ l ----__ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEErIT )ss STATE OF CALIFORNIA I arzo Notary Public COUNTY OF San Diego Joanne M ,ad to by before me, i •p subsan a to t October 2 r 1997 wTioao namely' rlthelr authorl:ed copecitylles) and that nt ante Mary ayi once to a thelx&rn s e t t ment• On as 6 0 some in lie acted exec porsoneYppeare oVed>b me on a slthey executed the ere3nlal reonls)or the enthy upon behalf or whloh the p J�A�N�ae^v'O personally known to me for Pr MARZ hitmrltheir slgneturets)Ion the i�strumont theape �1 wITNEss 3 nd official se n ' 'i �p NOT OI oo " (M comm.Exp• sl0netu This Bleti'8 OF 1idN 1 ED BY SIGNER CAPACITY CLA rove invaluable ate below, doing so may to persons • es not require the Notary to fill in the d P _ . Though statute do retying on the document. [ ]INDIVIDUAL TITLEIS) ( ] CORPORATE OFFICER(SI ( ]PARTNER(S) - I I LIMITED [ 1 GENERAL I ATTORNEY-IN-FACT ( ]TRUSTEEIS) ( GUARDIAN/CONSERVATOR [ I OTHER 1 SIGNER IS REPRESENTING 4 Name of Parson or Entity Name of Person Of Entity OPTIONAL SECTION required by law,it could prevent fraudulent reattachment of this form. re Though the date requested here is not q MUST BE ATTACh1ED TO THE DOCUMENT DESCRIBED BELOVV THIS CERTIFICATE TITLE OR TYPE OF DOCUMENT' DATE OF DOCUMENT NUMBER OF PAGES SIGNER(SI OTHER THAN NAMED ABOVE--- 1 1 1 hTTACM4ENT A TO pROPERTXs LIEN COVENANT REGtAAD�D A8 CONDITIOpROpERTY IbIBROVEMENT9 SUBDIVISION REAL FINAL �pROYAI+ OF S�DIYIgION TPM 94..142 .PROJECT NO. RTY DESCRYpTYO ?ROPE N IN Tilt 91 A OF THE COLONY OF OLNTo M p'T1-TEp.0F IA,ACCORDING TO MA T1{A1 PORTION OF LOTS SI AND y RECORDER Oc S.kN DIEGO AND COUNTY OF SAN DIEGO,STATE OF E coy RN FILED IN THE OFFICE OF THE COUNT V FTOLE AS 1t WITh Ti ii�SE PORTIONS OF"B" A NO.' LY 811885,TOGET .. P NO.326,DESCRIBED AS A COUNTY,JU 137"STREETS,ACCC?PXrdCi TO MA .,,1. C"STREET, FOLI O''D. CENTER LINES OF SAID OF SAID (N CERSEC LION OF THE CEA 9 BEGINI4114G AT TiRl StERLY ALONG THE TH STREET; TIENCE NORTHWE THENCE SOUTH 14° =' 4i m 13 „ ,,, TREET,A DISTANCE OF 170.00 13TH STREET,A DISTANCE OF 440.00 O SAID C S TH TIII:CENT>rR LINE, OF A R LINE PARALI-EL WITH TIdE C RL•f A�PARALLEL NCliO SANTA FEET, THENCE SOU COUNTY OF Sf& DIEGO, COUNTY ROAD,AS DESCRIBED DE£D TO T MORE OR LESS,TO THE SOT I I 'E�ORDED OCTOBER 29,1930 IN BOOK 1817,PAGE 328 OF DEE E( RECORDED DISTANCE OF 290,OOFEE FE ROAD), S TMNCE OF THE LAND DESCRIBED IN DEED TO ROBERT L CALLS,�ITERSECTION LINE 22, 1957 IN BOOK 6718,PAGET OTERLY LSE CORD ' EAST, AUGUST ti ALONG SAID S"C"STREET; THENCE NORTH 14°29' NORTHER CENTER LINE OF SAID , STREET,TO THE POINT OF BEGINNING ALONG THI: CENTER LINE OF SAID"C ALONG THE �OelSa•TF] 01120/95 i t 1d5 , ATTACM4ENT K PROPERT�9 ON c" SQIIZRED AS CONDZTZO�R�EBTY• P=te, APPROVAL OF SUBDIVISI T' ON OF BEA PROJECT NQ• s� �•5 LLTIba` )'ND GSLZGA'fIONS v . rk'-`:I=;� �? Tra_t cr Parcel �e Si1"E Ea,,e of Sybdivis.on: OCT. 5� 1494 DCD_94-c",5 Adopted Resolution of APF roval Number.- _--- of improvernenta. Estimated total cost RE4VZTtED 1• IMPROVEMENT 5 expense to vrn cost and SUBDIVIDER agrees at SUBDIVIDER e o and 1.1 to perform equipment and materials the labor, to furnish all the plans and specifications and with all Of the complete, in accordance City Engineer, satisfaction and approval of the the below-referred to b sheets 1 through improvements for T.p•M, 94-142 improvement plans pt al-1 and prepared by ? dated ��� LOGAN ENGINEERING ether with any by the City Engineer tog roved on �� �� the City Engineer, on as approved in writing by subsequent amendments approved services and incorporated herein file with CITY in the Engineering forth at length. 01/20195 as thou set though fully 10e15a.TVI Q�� i 106 1.2 Further, SUBDIVIDER agrees to perform the following conditions: f RESOLUTION CONDITIONS: 1.3 The setting by a licensed surveyor or engineer of all monuments and stakes not installed on the date of recording of the Map, and the setting of all monuments and stakes previously installed, but which were removed, altered or destroyed prior to the completion of the improvements and their.. acceptance by the city, within 30 daye after' acceptance of the improvements by the City., Owner hereby further agrees to pay the engineer or surveyor for setting the monuments and to secure the obligation to pay the engineer or surveyor by providing security for faithful performance, as set forth in, the section. herein entitled ,,Security", subject to the following: •(a) Notice of Setting. Pursuant to Section 66497 of the Subdivision Map Act, within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to owner and the City Engineer that final monuments have been set. (b) EAYMQDL of Encrineex. Upon payment to the engineer or surveyor for setting the final monuments, Owner shall present to the city evidence of payment and receipt thereof by the engineer or surveyor. In that event, owner' s security 10e15a.TF3 O1/20�95 Order. deb Description: 1997.539856 Page 7 of 17 Comment: • 107 �, engineer or on p ay�,ent the to ations conditioned hall terminate. Obliq this paragraph, , surveyor as required by does not p resent evidence to �on��t. If Owner or surveyor for (cl �� aid the engineer the City that he/she has paid the engineer or surveyor and the final monuments, aid by Owner £or setting she has not been P City that he/ three months notifies the City may, within rre engineer or setting the final monuments the the date of said notification, p�Y from -* amount due. surveyor from any deposit -the inset. Pursuant to (d) Deat or Dieabili the event of Act, in 66496 of the Subdivision Map a of the engineer Section from prac�ti� death, disability or retirement esponsibilitY for setting With the get such or surveyor charged retusal to event of his/her or or in engineer the monuments, select a substitute city may inset or monuments, the if the original ens to set the monuments• maYr by letter to surveyor former suryeyor is replaced by another the er right to set the final monuments to When the release his/her him/her. the City who replaced or engineer Shall amend any the surveyor engineer so set, the substitute monuments are anci amendment pxovrslons the correction pct. Map in accordance with of the Subdivision Map 66469 through 66472 shall of Sections relating to p3Y"'ent All provisions of this Agreement 10e15a.TF3 01/20/95 1 the subltitute engineer or apply to the Service P erformed by sv rycyor, woxR ROCuFSg OF SUBDIVIDER 2' of the es ssence with this Covenant• 2.1 Time :s I- tVe improvements construction of . substantial �'� 1 Ci"'�`��---- shall commence of later than 2000 . this Covenant n than �'� 2 required by o later lets the improvements n inset, comp the City Eng and shall as determined by of the good cause exists, or completion In the event 9 of conetrla" l;L be time for commencement Any such extension may the be extended. if any, improvemente h, reunder may Surety ar Sureties, .` � notice to SUBDIVIDER' S or release granted without of this Covenant affect the validity the faithful no way for and shall in security given on any be the sole the Surety or Sureties Engineer shall The City shown to Of this Covenant• d cause has been performance or not gQo whether of such Judge as to As a condition and final 3 new to an extension. tO furnish entitle SUBDIVIDER require SUBDIVIDER the City Engineer may as extended, in extensions, performance of this Covenant, to compensate for any increase in Security guaranteeing amount as necessary Engineer. an increased City ction costs as determined by the to be constructed co nstru rovements are 2.2 If any of the public imp SUBDIVIDER, T1'� construction or owned by acquisition and or installed on land not to the commenced prior shall be SUBDIVIDER a ropriate property interests. installation acceptance by CITY of PP 1oe15a.TF3 01/20/95 t such Property costs o£ acquisition Hof shall pay the actual cost . at SUgDIVIDER' s expense obtain all interests. Shall, � oL the 2.3 9LMDIVIDER for the co. structi.on ermit6 and licenses and pay all fees and necessary p give all necessary notices improvements and g by law. Engineer in writing at taxes required the City No SUBDIVIDER shall notify 2.4 Of work hereunder. the commencement CITY. day prior to rorizcd by least 15 s shall begin until._au!= obtain ction work - entitled to constru not be 2.5 5 ,,,vD 'K shall on any lot created by the A. constructed _ the buildings aye been provided to permits or required improvements h subdivision until all City Engineer* ion of the safe construct the satisfaction at all times maintain shall to all 2,6 SUBDIVIDER fo$ inspection by CITY access, work is in and provide safe wherein the facilities, to the $hops parts of the work and good and adequa�e warning to the preparation. give 5 the JIDER shall g relating to 2.1 SUBDI danger and every existing public from to each rote-t the public and shall p construction of the improvements, such dangers. CE or I23PROVEMENTs 3.0 INSP TI N AC resentativ'e or his duly authorized rep 3 .1 'The City Engineer ect, at SUBDIVIDER' s expense, shall insp nest of SUgDIVTDER, installed by upon request to be constructed and the improvements herein agreed 10e15a.TF3 O1/ZO/95 �20 in accordance W{ith SUBDIVIDER. applicable CITY If determined to be Covenant, the City Engineer cf this standazds and the other terms tance of the rove the improvements and recommend the s.ccep Co by CITY throng res uncil shall app h olution.of tho City public improvements of the Of CITY DIVIDER agrees to pay for each inspection 3.2 The S�JB ineer.. improvements re's fired by the City En9 o Of the public - 3 .3 Approval of the improvements and ac cep tanCCITY of any CITY, shall not ccntiLitute a waiver by improvements by _ - - - defects-in the improvements. required by this as the improvements 3.q Until such time approved by the City completed by SUBDIVIDER, CITY, are fully comp accepted by Covenant Engineer and improvements are maintenance, the public repair sUBDIVIDER will be responsible for the care, and replacement of such Public imprpVeC"ents. DIVIDER hereby guarantees and warrants the q ,1 ONE Yom• SUB Covenant for a ursuant to this improvements constructed p work to include public acceptance of said year after final one one y If within the period of furnished. work, Labor and materials Of any public design` improvement or part any public or caused to be year period, constructed, furnished, installed or fails to fulfill improvement gU5DIVIDER, furnished, installed or constructed Y or ctherwise fails to any of the requirements of this Covenant without atisfaction of the CITY, SUBDIVIDER shall function to the s 01/20/95 10ei5a•TF3 ,delay and without any cost to CITY, repair, replace or reconstruct any failing part or parts of the public improdemgnt.• 4.2 TEN YEARS. For ten years followin4 the acceptance by CITY of the public improvements, SUBDIVIDER shall remain Obligated to cure all -dentified defects in the design, construction, materials of the public improvements. 5.0 5.1 FOR CONSTRUCTION OF IMPROVEMENTS A. SUBDIVIDER -shall furnish to City good and sufficient security in the form of a cash deposit, a letter of credit or other security as approved by the City Engineer in the amount of 100 of the estimated total costs of constructing the improvements, to assure faithful performance of this Covenant in regards to the construction of the improvements. hanges, alterations or additions B. In the event that c to the improvement plans and specifications or to the improvements add 10% or more to the original estimated costs of the improvements, SUBDIVIDER shall provide additional security in a form satisfactory to CITY in an amount equal to 100% of the total estimated increase in the construction cost of the improvements. The amount of the additional security may be adjusted by the amount of work completed and any prior, partial releases of security. S.2 FAR ONE YEAR GUARANTER/WARRANTY• gU3DIVIDER shall furnish to CITY good and sufficient security, in the form of a cash deposit, letter of credit or other security as approved by the City 10e1Sa.TF3 01f20/9S i 112 of the estimated total cost amount of 25% of the 1. y,ngineer., in the rantee and warranty DIVIDER a gua tance public improVements, to secure SUB wing the accep specified herein for a period of one year folly by CITY of the Public improvements* 6• URINC3 perform any duty S[T3DIVIDER fails rO 6,1 In tY.e event that Covenant, SUBDIVIDER hereby owed this or or obligation imp by criOrm such duty r tion, to P_� of CITY, at CITY s °p notice authorizes _ _- days after CITY mails written twen_t•� •- 120 f cure such default. obligation, fails t4 DIVIDER and SUBDIVIDER performance by default to SUBDIVIDER of such P to pay the actual Covenant reel pursuant to this SUBDIVIDER a9 SUBDIVIDER osted by performance, but CITY• The security p letion� of such may be used by CITY for the comp SUBDIVIDER` 9 liability may limit uncured default, shall not of SUBDIVIDER $ by the event to completion, 6.2 In the same work and prosecute for the take over the may deem advisable, any other method CITY shall be contract or by SUBDIVIDER expense of SUBDIVIDER• CITY at the damages occasioned account and or ' the actual costs to CITY for take possession liable for so doing, CITY may liability the work, Without and the work. In completing thereby. other 92te plants and of the construction, appliances, such materials, site of the work CITY may utilize be on the property belonging to SUBDIVIDER as may and necessary therefore. 1oe15a.TF3 01120/95 i 113 e require rep airs, 6.3. should the exigencies of the cas replacements, or work to be done before SUBDIVIDER can be natifie d and given 20 days to perform, CITY may, at CITY' s option an without liability, make the necessary repairs c•r replacements or perform the necessary work and SUBDIVIDER shall pay to CITX the actual costs Of so doing. 7.0 �nr HESS 7.1 SUBDIVIDER agrees to indemnify and hold CITY and CITY' s officers, off icials, _emn'-ayaes and agents harmless Pram, and again;;;, any and all liabilities, claims, demands, causes of losses, damages and costs, including all costs of defense or indirectly arising out of, or in any manner connected directly with, any acts or omissions of SUBDIVIDER or SUBDIVIDER'9 agents, employees, subcontractors, officials, officers or representatives.CITY and Upon demand, StBDIVIDER shall, at its own expense, defend CITY' s officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 7.2 SUBDIVIDER' s obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the improvements; but does not extend to liabilities, 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 SUBDIVIDER's proposed plans, hange is objected to, in specifications or design so long as such c 1oe15a.TF3 01/20/95 writing,. by the SUBDIVIDER, and the writing isjf' led with the City Engineer more than ten days prior to the commencement of work. 7.3 SUBDIVIDER' s obligation herein inel*ades, but is not limited to, alleged defects in the construction of the improvements; alleged defects in the materials furnished in the construction of the improvements; alleged injury to persons or property; alleged inverse condemnation of property or a consequence of the design, construction, or maintenance of the work or the improvements; and any accident; lcsa yr- damage to the work or the improvements prior to the acceptance of same by CITY. 7.4 By approving the improvement plans, specifications and design; by ir.specting or approving the improvements; or by accepting the public improvements, CITY shall not have waived the projections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the pbligation of SUBDIVIDER 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. 7.5 SUBDIVIDER's obligation herein does not extend- to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of CITY' s intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 8.0 INSURANCE 8.1 The SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and 10el5a.TF3 01/20/95 ' � X15 • property. damage insurance from an insurance bompany approved by CITY and authorized to do business in the Staffo of California, in an insurable amount of not less than one million dollars ($1,000, 000.00) for each occurrence. The insurance policy shall provide that the policy shall remain in force during the life of this COVENANT and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to CITY from the insurance company. 8.2 CITY shall _e named as an additional insured on SUBDIVIDZR's- pclicies. 8.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 9.0 NOTICES 9.1 Any notices to be given under this COVENANT, or otherwise, shall be served by certified mail. 9.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any such notice on its behalf is: City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 and the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: SOelsa.TF3 01/20/95 lie• .10.0 SUBDIVIDER19 CERTIFICATION OP AkARENESS OF IMMIGE TTON REFORM AND CONTROL IaCT' OF 1986 SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act- of 1986 (8 USC 55 1101-1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligation3 contained herein. ' 11.0 GENERAL PROVISIONS 11.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in .connection with the performance of SUBDI'VIDER's duties and obligations under this Covenant. 11.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations set forth herein. 11.3 SUBDIVIDER shall provide the improvements as an independent contractor and in pursuit of SUBDIVIDER's independent calling, and not as an employee of CITY. SUBDIVIDER shall not be under control of the CITY except as to the result to be accomplished. SUBDIVIDER may confer with CITY as required to perform this Covenant. 11.4 No verbal agreement or conversation with any officer, official, agent or employee of CITY, either before, during or after the execution of this Covenant, shall effect or modify any of the terms or obligations herein contained. 10e15a.TF3 01/20/95 k / �co�'DrNIG ReCU� 1168 - �� �v MAIL G)�y 'e ,„eStr RSSOIIITION N0. es—s2 On I'.Cr t;9rrr 4i t L'r C.i En6rhii ! OFhF r+ rr ;r Fn.i p< c1 8)d A RESOIXTION 'OF THE•CITY COUNCIL LE OF THE CITY OF ENCINITAS, CALIFORNIA EnGini�"Si GA' VACATING "C” STREET, SOUTH OF 13TH SMME'BgFEB )7 AN 8:25 AND ADJACENT TO PROPERTY LOCATED AT THE E 92029' ''I�!_.!YlE i{ NORTHWEST CORNER OF 13TH STREET 6 NC" STREE� r.FC:rhOEJ THE COMKUNITY OF OLIVENHAIN 1 WHEREAS, proposed vacation 88-157 has been submitted relating to portions of the existing "C" Street south of 13th 740 FEE I: Street. �I WHEREAS, the City Council on the 24th day of August, 1988 1� adopted Resolution Number 68-78 expressing an intention to vacate the portions of easements as shown on Attachment "A"; �I WHEREAS, the public has been given proper notice of the X14 —i hearing on the vacation and all desiring to be heard have been �I heard. NOW THEREFORE BE IT RESOLVED, by the City Council of the f City of Encinitas that the proposed right-of-way vacation shown ; on Attachment "A" is hereby accepted for vacating, subject to I Z an easement being reserved therein for public utility purposes and the following finding in support of the referenced vacation is made: 1. The vacation is exempt from Environmental Review ', pursuant to section 15312 of California Environmental Quality Act because the land does not have significant value for wildlife habitat or other t � , environmental purposes and the property is of such size, shape, or inaccessibility that it is incapable of independent development or use. t I HW/04/CM8-llD3WP (9-7-88-1) I � . Order: debt Description: 9989.84894 Page 1 of4 Comment: ' 1169 2. The portion of road being vacated is unnecessary for present or prospective public use as a travelled way because the land is of such size and shape that it is incapable of independent development or use and pedestrians, automobiles and equestrians have access r; over nearby easements for access and recreation purposes. BE IT FURTHER RESOLVED that the city Manager is authorized M 1 to execute any necessary documents, including, bat not limited to, deeds to transfer an interest in the vacated rights-of-way to the person or persons having an interest in the property as proven to the satisfaction of the city Manager by certified Title Reports furnished by the applicant or claimant. t 1. PASSED AND ADOPTED this 14th day of September 1988, by the following vote, to wit: I �I. 1, AYES: Gaines, Luke, Omsted. Shea. Steel I i NAYS: None IIi ABSTAIN: None i ABSENT: None RICHARD P. SHEA, Mayor of the City of Encinitas I r California ATTEST: E. J POOL, City Clerk bIL��•CkyCmkolt eClfyofr. a -ls4CWgwnls do Nr*y oerft LwWw ps AW of po$eV dw do slxm end l�oregofrq b•frw and oe�re^f eayy of dW doarMnt � �i on file in mW oflbe.b wIM11M rrtR+►esf 1 furs M MV 10-4 Ww""W af ehs c"d dnolntlss this t r E J: -Uty Cle(k y BW/04/CM8-ll03WP (9-7-88-1) iM Irn Order: deb Description: 9989.84894 Page 2 of Comment: I EXHIBIT "A" ' 1170 That portion of-IC" street, in the City of Encinitas, County of San 'Diego, state of Cal-forn-a, according to Map thereof No. 326, filed " in the Office of the County Recorder of San Diego County, July 8, i 1888, lying _Southerly_pf_aL_I_ine_that__is_.30.00 Southerly_of_.and l{ aralle2 wlrh_fhe_centerline, of 17th Street and the pzolongation ereof as shown on said Map No. 326 UQ lying Northerly of the ;I Northerly line of County of San Diego Tract lTo.-X967,-in thi- city of Encinitns�--County"-of san Diego, State of California, according to Map thereof No. 11532, filed in said County Recorder's Office, June 11, 1986. RESERVING THEREFROM to the Olivenhain Municipal Water District the Easterly 40.00 feet of that portion of "C" Street described above, and to the�rprdi!!_Sanitatio_n District the_easterly.,55,00_feet .of 4: \ that po on of "C"8tree£desaribecT above, easements and rights ` Yl pursuant to any existing franchise or renewals thereof, or otherwise, at any time, or from time to time, to construct, t� maintain, operate, replace, remove, renew and enlarge lines of li pipe, conduits, cables, wires, poles and other structures, ' equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines and for the transportation or i distribution of electrical energy, water, sanitary sewer and for incidental purposes including access to protect the property from f all hazards in, upon, over and across the above described portions fI of highways proposed to be vacated and abandoneds and �I "/AND RESERVING THEREFROM to the City of Encinitas the easterly 55.00 K, feet of that portion of "C" Street described above, easements and It rights at any time and from time to time to construct, maintain, ;j operate, replace, remove and renew storm drains and appurtenant ;-- structures including access to protect the property from all oy hazards in, upon, over and across the above described portions of ) highways proposed to be vacated and abandoned. s 1 �f jr TF/03/MS6-717WP5 (2-06-89-2) ' i Order: deb 1 Description: 1989.84894 Page 3 of 4 Comment: --•��' .y�,..r..•rv;.:•..�-r..•,+,. n'. .. .,,�. a.�. .•.t••y tiy�+t.;r+:A:.`s, • ,/• �..�' •.r•r� .,,..• .,cis�{��. 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(� vai �n�'••/ (Qt �,'••'r':41%4:$ r,�:�t� J!1•.r /�CL O / M'1 y.s,.,,,.�'O a II+c�w ''•�f:7 II ` JOE- oe 1{ A Cy � �•. I+ , \ w-•Z C �• yJ mow- „7 b tf��1 • -j ikw REAL 7•t� �. 1 � '� RCAn�� �• • 1� 1 ,Z91 .� ' ` ,N IQZ7 '1 ,� �•1 o• nnL j A►,61•►'s �' I Order: deb 1 Description: 1989.84894 Page 4 of 4 Comment: NOTICE (This notice is required by California Government Code Section 12956.1.) If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. I to 478 87 528013 I .. RECORD h+c, e;JET:ED8Y RL•COROKOC IND �T FICIAL R-_torsos WHEN RECORDED MAIL TO ) FOFCISFAN DIEGO Cb 14 F". city of Encinitas ) t"�!T SEP IT PH I� !3 543 Encinitas Blvd., Ste. 109 ) Encinitas, CA 92024 ) V ERA L.LY►r CDd`tl Y!tECC►•DE I• 1rt, TAX PARCEL NO. 264-143-64 ) -- RF I �' AR ! 3M COVENANT TO PAY FEES FOR FACILITIES AND IMPROVEMENTS MG ram'; AND TO COMPLY WITH ADDITIONAL REGULATIONS This covenant is made and entered into this o?-ZhCday of ~-s -/7-C7 0 1983 for the benefit of the City of Encinitas. Calif ornia.—W municipal corporation, hereinafter referred to as "CITY" by 66-A.16- -1 �.Jr. , referred to as "OWNER" hereinafter. Who is the owner of the following doscribed real property, located at vacant lance on 13th street (Street address) • i Legal: see Attachment "A" which is incorporated herein by this reference. i This Covenant is executed in reference to the following facts: A. The CITY has imposed a moratorium on development within its 0 1 jurisdiction that would preclude OWNER from obtaining a building and �{ other development permits until the problems noted in the moratorium are resolved. YI i B. The OWNER has voluntarily chosen to obtain building permits and other development permits by executing this Covenant to ! participate in the construction or financing of construction of public facilities and improvements and to comply with regulations imposed to resolve the problems identified in the moratorium. Q C I C. The CITY has not yet enacted ordinances to impose the fees, t regulations and construction requirements necessary to solve the 1 problems identified in the moratorium. • NOW THEREFORE, CITY AND OWNER agree as follows • � 1. The foregoing recitals are true and correct. A 2. OWNER agrees to pay such fees as are enacted by CITY prior to December 1, 1987, expressly to resolve the problems noted in the wo moratorium. These fees include, but are not limited to, public r facilities fees, traffic impact fees, bridge and thoroughfare fees, park fees and other fees. OWNER agrees to pay such fees as are hereafter lawfully imposed by the CITY that would have been applicable to the subject property had the application for the permit or approval ! been filed after the adoption of such rees. (Version 1214/86) 1 � i 1 Order. deb Description: 9987.528013 Page 1 of 3 Comment: 479 1 established fees or file a written 3. OWNER agrees to pay the i . objeotion as to the amount of the fee with the City Council within 30 days of the date that notice is mailed to the address contained in i this Covenant. 4. OWNER agrees that a failure W pay the fees or file an objection within 30 days or to comply with a final determination of a E' filed obJOOtion shall entitle the CITY, without further notice, to add the fee to the property tax bill for the subject property. 5, OWNER agrees to comply with such development regulations as j are enacted by the CITY prior to December 1, 1987 expressly to resolve I 1 the problems identified in the moratorium provided that compliances will not be required where substantial development has taken place on Imo; the property which renders compliance financially infeasible. 6. If OWNER is denied the permit or approval applied for, then this Covenant is of no further force or effect. r in 7. If either party incurs costs, to include legal fees, the securing the performance of provisions of this Covenant, prevailing party shall be entitled to recover all such reasonable : Costs incurred. 1 B. This sonaltrepresentatives,onb beneficiaries, be successor u sand C1 the heirs, perpon assigns of OWNER. I M 9• Upon the OWNER'S satisfactory completion of the to ligaEi ns contained in this Covenant, the CITY shall delivery Re as n t rs request. +OWNER r O11NER ; c�• il NE -OWNER Z STATE OF CALIFORNIA) sat COUNTY OF SW-S,ECM San Bernardino a Notary On May,2p- -- . 19B 7, before me, the undersigned. ersonaily appeared Stanley N. Clark. Clark, Public in and Tor said State, p � known to me or proved to me on the basis of satis be the person whose name ecis subscribed e.to the within instrument and acknowledged that WITNESS my hand and official seal. o ary Public in and fo r said County and State rM OFFICIAL SEAL I KAREN S.BALER CITY OF ENCINITAS NOTARY PUBLIC-CALIFORNIA _ SAN BERNARDINO COUNTY It►r4-4sbn Expira Mu.la.1991 _ (Version 1214/86) { 2 Order: deb Description: 1987.528013 Page 2 of 3 Comment: I • 480 f ' Attachment "A" to Covenant Entered into on X- AA- F7 , (Date) r py.��o.�Ce. Al A.-1 [[e•t ce. L(diL Q.A r.vs/I (OWNER'S Name) V Stanley W. and Eunice Clark and Kenneth E. and Stella R. Freese, OWNERS . r THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 81 AND 81A OF THE COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY S. 1685, TOGETHER WITH THOSE PORTIONS OF "B" AND "C" AND 13TH STREETS, ACCORDING TO MAP NO. 326, DESCRIBED AS A WHOLE AS FOLLOWS: N 4 BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF SAID "C" STREET, AND 13TH STREET; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID 13TH STREET, A DISTANCE OF 440.00 FEET; THENCE SOUTH 14129' WEST, PARALLEL WITH I ; THE CENTER LINE OF SAID "C" STREET, A DISTANCE OF 170.00 FEET; THENCE SOUTHEASTERLY AND PARALLEL WITH THE CENTER LINE OF A COUNTY ROAD AS �I DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER 26, 1930 IN BOOK 1817, PAGE 328 OF DEEDS (RANCHO SANTA FE ROAD, A DISTANCE OF 290.00 v 1 FEET, MORE OR LESS, TO THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED m TO ROBERT S. GALLS, ET UX, RECORDED AUGUST 22, 1957 IN BOOK 6718, PAGE 481 OF OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE TO AN INTERSECTION WITH THE CENTER LINE OF SAID "C" STREET; THENCE NORTH Q� 34129'EAST, ALONG THE CENTER LINE OF SAID "C" STREET, TO THE POINT OF BEGINNING. i C I�I t Zi J Rel! • �I f II � I � . 3 I �� ij I - ;- - - ----- - _ ._._..._ . - - r• gyp: Order. deb Description: 1987.528013 Page 3 of 3 Comment: d � s J I f o Wig: ! o o D> ms .. 'LL .! m O a ��� ,r'a '°g F \' �`J7L �7�11 j� l n r7n m ;o -I O� I 3-'° Y l ff -1 C 0 CD "f 3 C) 5 (+ Car. o«� lkl14.2 _ CD � a m rM L^ .: N13-.00.-C z-0 £ S C 0 i4 \� �. / O-0 'O OV1'n -c --1 9 a -n O • r \\J �\ �P�1+1p�Vial ``�(��Sf0) / w m--4 zc -{r m 70 0 a�f �O �a Y' � 1\ --i o-'q m N 'n v S_ LA r 1 J a pm� C7 r- a s Z J \ --t �O � / Sr�F� LAn C n � c. �9. 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