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2006-369 G/I/PE/PM City `'GINEERING SERVICES DEPARTMENT Encinitas Capital Improvement Projects District Support Services Field Operations Sand Rep lenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering September 22, 2009 Attn: SureTec 3033 Fifth Avenue Suite 300 San Diego, California 92103 RE: Rainbow Ridge Estates, LLC 1415 Rainbow Ridge Road CDP 05-273 APN 254-181-04 Improvement Permit 369-I Final release of security Permit 369-I authorized earthwork, storm drainage, single driveway, and erosion control, all needed to build the described project. The Field Operations Division has approved the installation of the improvements and approved the one-year warranty inspection. Therefore, a release in the remaining security deposit is merited. Performance Bond 4360756, (in the original amount of$28,542.00), reduced by 75% to $7,135.50, is hereby released in entirety. The document original is enclosed. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Since ly, Debra Geishart Ainance ch Engineering Technician anager Su bdivision Engineering Financial Services CC Jay Lembach,Finance Manager Rainbow Ridge Estates, LLC Debra Geishart File Eric. TEL 760-633-2600 I FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 �� recycled paper City OfENGINEERING SER VICES DEPARTMENT Encinitas Capital Improvement Projects District Support Services Field Operations Sand Rep lenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering September 11, 2008 Attn: Temecula Valley Bank 300 West Grand Avenue Suite 100 Escondido, California 92025 RE: Rainbow Ridge Estates, LLC 1415 Rainbow Ridge Road APN 254-181-04 Grading Permit 369-G Partial release of security Permit 369-G authorized earthwork, storm drainage, site retaining wall, and erosion control, all as necessary to build the described project. The Field Operations Division has approved the rough grading. Therefore, a reduction in the security deposited is merited. Assignment of Account 350007861, in the amount of$ 57,000.00, may be reduced by 75% to $14,250.00. The document original will be kept until such time it is fully exonerated. The retention and a separate assignment guarantee completion of finish grading. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, Debra Geish Le ach Engineering Technician inance Manager Subdivision Engineering Financial Services CC Jay Lembach,Finance Manager Rainbow Ridge Estates,LLC Debra Geishart File TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 U�t recycled paper City O fENGINEERING SER VICES DEPARTMENT Encinitas Capital Improvement Projects District Support Services Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering September 15, 2008 Attn: SureTec 3033 Fifth Avenue Suite 300 San Diego, California 92103 RE: Rainbow Ridge Estates, LLC 1415 Rainbow Ridge Road CDP 05-273 APN 254-181-04 Improvement Permit 369-I Partial release of security Permit 369-I authorized earthwork, storm drainage, single driveway, and erosion control, all needed to build the described project. The Field Operations Division has approved the installation of the improvements. Therefore, a reduction in the security deposit is merited. Performance Bond 4360756, in the amount of$28,542.00, may be reduced by 75% to $7,135.50. The document original will be kept until such time it is fully exonerated. The retention and a separate assignment guarantee completion of improvements after the one-year warranty period and upon final inspection. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, Debra Geisha y Le bath Engineering Technician Finance Manager Subdivision Engineering Financial Services' CC Jay Lembach,Finance Manager Rainbow Ridge Estates,LLC Debra Geishart File 14 TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 �sprecycled paper Gregory J. Smith ±- - 01 Y �;;- COUNTY OF SAN DIEGO Z. rx ASSESSOR/ RECORDER/ COUNTY CLERK v� RECORDER/COUNTY CLERK'S OFFICE ASSESSOR'S OFFICE 1600 Pacific Highway,Room 260 www.sdarce.com 1600 Pacific Highway,Room 103 P.O.Box 121750*San Diego,CA 92112-1750 San Diego,CA 92101-2480 Tel.(619)238-8158*Fax(619)557-4155 Tel.(619)236-3771 * Fax(619)557-4056 BATCH #: 210067620070626 DOCUMENT#'S: 2007-0429619 RECORDING DATE: JUN 26,2007 3:57 PM TOTAL DUE: 0.00 Marriage licenses and civil ceremonies are available at all locations-no appointment necessary! SERVICES AVAILABLE AT SERVICES AVAILABLE ON-LINE AT OFFICE LOCATIONS www.sdarcc.com * Tax Bill Address Changes * Forms and Applications * Records and Certified Copies: * Frequently Asked Questions(FAQs) Birth/Marriage/Death/Real Estate * Grantor/Grantee Index * Fictitious Business Names(DBAs) * Fictitious Business Names Index(DBAs) * Marriage Licenses and Ceremonies * Property Sales * Assessor Parcel Maps * Weddings on the Web * Property Ownership * On-Line Purchases * Property Records Assessor Parcel Maps * Property Values Property Characteristics * Document Recordings(Except in Kearny Mesa) Recorded Documents BRANCH OFFICES AVAILABLE TO SERVE YOU Monday through Friday 8:00 a.m.-5:00 p.m. Saturdays at the Kearny Mesa Office 9:00 a.m.-3:00 p.m. CHULA VISTA EL CAJON KEARNY MESA SAN MARCOS 590 Third Avenue 200 South Magnolia Ave. 9225 Clairemont Mesa Blvd. 141 E Carmel Street Chula Vista,CA 91910-2646 El Cajon,CA 92020-3316 San Diego,CA 92123-1211 San Marcos,CA 92078-4309 (619)498-2277 (619)401-5750 (858)505-6226 (760)940-6858 ""-NAI A 1 HI k-'JVi i 1 Recording Requested By: „:-)N �Ijl"20 (-/ City Planner When Recorded Mail To: 1-;NIE- 3 57 PM, City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABUVL rUK FhUUKUhFCN UNP, COVENANT REGARDING REAL PROPERTY FUTURE PARK,TRAFFIC,AND FLOOD CONTROL FEES Assessor's Parcel Number: 259-181-04 Project No. TPM05-273, 0396-PM A. LAWRENCE W. HOLLAND AND JILL B. HOLLAND, HUSBAND AND WIFE AS COMMUNITY PROPERTY, ("OWNER" hereinafter) is the owner of real property commonly known as TPM 05-273 at 1415 Rainbow Ridge ("PROPERTY" hereinafter) and which is legally described as follows: As Exhibit"A"which is attached hereto and made a part hereof. B. In consideration of Final 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. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable 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. Gregory J. Smith �ujiaE lIS t,y�, jtYVx,r!4y,,,1 !f s �r ' COUNTY OF SAN DIEGO Cum,, ASSESSOR/ RECORDER/ COUNTY CLERK o !x: „5 [ 7f fil. CT RECORDER/COUNTY CLERK'S OFFICE ASSESSOR'S OFFICE 1600 Pacific Highway,Room 260 www.sdarce.com 1600 Pacific Highway,Room 103 P.O.Box 121750*San Diego,CA 92112-1750 San Diego,CA 92101-2480 Tel.(619)238-8158*Fax(619)557-4155 Tel.(619)236-3771* Fax(619)557-4056 BATCH 4: 210068120070626 DOCUMENT#'S: 2007-0429630 RECORDING DATE: JUN 26,2007 3:58 PM TOTAL DUE: 0.00 Marriage licenses and civil ceremonies are available at all locations-no appointment necessary! SERVICES AVAILABLE AT SERVICES AVAILABLE ON-LINE AT OFFICE LOCATIONS www.sdarce.com * Tax Bill Address Changes * Forms and Applications * Records and Certified Copies: * Frequently Asked Questions(FAQs) Birth/Marriage/Death/Real Estate * Grantor/Grantee Index * Fictitious Business Names(DBAs) * Fictitious Business Names Index(DBAs) * Marriage Licenses and Ceremonies * Property Sales * Assessor Parcel Maps * Weddings on the Web * Property Ownership * On-Line Purchases * Property Records Assessor Parcel Maps * Property Values Property Characteristics * Document Recordings(Except in Kearny Mesa) Recorded Documents BRANCH OFFICES AVAILABLE TO SERVE YOU Monday through Friday 8:00 a.m.-5:00 p.m. Saturdays at the Kearny Mesa Office 9:00 a.m.-3:00 p.m. CHULA VISTA EL CAJON KEARNY MESA SAN MARCOS 590 Third Avenue 200 South Magnolia Ave. 9225 Clairemont Mesa Blvd. 141 E Carmel Street Chula Vista,CA 91910-2646 El Cajon,CA 92020-3316 San Diego,CA 92123-1211 San Marcos,CA 92078-4309 (619)498-2277 (619)401-5750 (858)505-6226 (760)940-6858 i! Recording Requested By: < ,H[ 1 N� 'A' City Planner When Recorded Mail To: I N1 E-- 3 57 PIM City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABu v t iuK Fj--uuFuhK,N u Nh COVENANT REGARDING REAL PROPERTY FUTURE PARK,TRAFFIC,AND FLOOD CONTROL FEES Assessor's Parcel Number: 259-181-04 Project No. TPM 05-273, 0396-PM A. LAWRENCE W. HOLLAND AND JILL.B. HOLLAND, HUSBAND AND WIFE AS COMMUNITY PROPERTY, ("OWNER" hereinafter) is the owner of real property commonly known as TPM 05-273 at 1415 Rainbow Ridge ("PROPERTY" hereinafter) and which is legally described as follows: As Exhibit "A"which is attached hereto and made a part hereof. B. In consideration of Final 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. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable 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: OWNER Dated A ND Dated C' (/ JILL B. HOLLAND (Notarization of OWNER signature is attached) ATTACH NOTARY HERE CITY OF ENCINITAS Dated 61AI /0,,7 by (Notarization not required) Peter Cota-Robles, City Engineer 1 F R State of California > CALIFORNIA ALL-PURPOSE County of's fto ) CERTIFICATE OF ACKNOWLEDGMENT rU before me, 6 , @V�i (here insert name and tide of the officer) personally appeared �/> � Vv 1 I U n�efiAA0 J;1 Iii personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose w 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. JOANNA HAele WITNESS my hand and official seal. ^ �� f NoRn Mft-cautanto ton DWW county My Comm.EVh=Jon 22,201 Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of ❑Personally known tome ❑Proved to me on the basis of satisfactory evidence: L0 form(s)of identification O credible witness(es) Identification is detailed in notary journal on: containing pages, and dated _ Page# Entry# ; The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other g ❑ Attorney-in-Fact ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) _ Title(s) ❑ x ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing f & 0 Copyright 2DO5oNotary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK02. 10/05. To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://ww.,notaryrotary.com ATTACHMENT "A" TO COVENANT 05-273 TPM PROPERTY LEGAL DESCRIPTION THE SOUTHERLY 326.12 FEET OF THE NORTHERLY 652.24 FEET OF THE EASTERLY 667.85 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE NORTHERLY 100 FEET OF THE WESTERLY 416.89 FEET THEREOF. Recording Requested by: City Engineer 0N 2b -0C,!t,1L N I 1140M3tll Z,-2ol 1114290,jo When Recorded Mail To: r City Clerk City of Encinitas 505 S. Vulcan Avenue Fnninitns, ( A WMA SID COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 259-181-04 Project No.: TPM 05-273 W.O. No.: 0369-G LAWRENCE W. HOLLAND AND JILL B. HOLLAND, HUSBAND AND WIFE AS COMMUNITY PROPERTY, (SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TPM 05-273 AT 1415 RAINBOW RIDGE ( "PROPERTY" hereinafter) and which is described as follows: See Exhibit A which is attached hereto and made a part hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval subject to certain conditions requiring the construction of public improvements by SUBDIVIDER. SUBDIVIDER has applied for final approval of the subdivision but has not constructed the required public improvements. In consideration of the final approval of the subdivision of the PROPERTY by the City of Encinitas ("CITY" hereinafter) , SUBDIVIDER hereby covenants and agrees for the benefit of CITY, to do the following: See Exhibit B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. SUBDIVIDER agrees that SUBDIVIDER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due f financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys fees, from the other party. F. Failure of SUBDIVIDER 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 SUBDIVIDER's satisfactory completion of SUBDIVIDER's duties and obligations contained herein, SUBDIVIDER 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 SUBDIVIDER. ACCEPTED AND AGREED: DEVELOPER 141Z11 Dated LA E i Dated A/ f 61-7 JILL B. HOLLAND (Notarization of OWNER signature is attached.) C F E By: Peter Cota-Robles Director of Engineering Services Dated: �D 3L (Notarization not required) State of California n �� _ ) CALIFORNIA ALL-PURPOSE County of S11�'�- IOU ) CERTIFICATE OF ACKNOWLEDGMENT 4 �1 Zb�� MCI n d On before me, (here insert name and title of the officer) personally appeared � 1 I V��``�✓mil/ ft AD R personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( whose name(s),X/are subscribed to the within instrument and acknowledged to me that4ef�they executed the same in hisser/their authorized capacity(ies), and that by h+s,ver/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. .IOMMk [ WITNESS my hand and official seal. Comma^# 1640200 Ploiovy P��-col"oll -� son county 201 Wb COMM.des I Signature l (Seal) f OPTIONAL INFORMATION f Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification R titled/for the purpose of ❑Personally known to me ❑Proved to me on the basis of satisfactory evidence: L0 form(s)of identification O credible witness(es) Identification is detailed in notary journal on: containing pages, and dated Page# Entry# The signer(s) capacity or authority is/are as: Notary contact. ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ AdditionalSigner(s) ❑ signer(s)Thumbprint(s) ❑ Corporate Officer(s) _ Title(s) ❑ R ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: _ representing: _ Name(s)of Person(s)or Entitoes)Signer is Representing f ®Copyright 2005 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK02. 10/05. To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TPM 05-273 PROPERTY DESCRIPTION THE SOUTHERLY 326.12 FEET OF THE NORTHERLY 652.24 FEET OF THE EASTERLY 667.85 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE NORTHERLY 100 FEET OF THE WESTERLY 416.89 FEET THEREOF. 3 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TPM 05-273 SUBDIVIDER'S DUTIES AND OBLIGATIONS Name of SUBDIVIDER: LAWRENCE W. HOLLAND AND JILL B. HOLLAND, HUSBAND AND WIFE AS COMMUNITY PROPERTY Tract or Parcel Map Number TPM 05-273 Name of subdivision: 1415 RAINBOW RIDGE Resolution of Approval Number: PC 2006-46 Adopted: September 21, 2006 Estimated total cost of improvements: 1.0 IMPROVEMENTS REQUIRED 1.1 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to furnish all the labor, equipment and materials to perform and complete, in accordance with the plans and specifications and to the satisfaction and approval of the City Engineer, all of the public improvements referred to below: Improvement plan drawing no. 0369-1 sheets 1 through 2_and prepared by PASCO ENGINEERING. INC. , as approved by the City Engineer together with any subsequent amendments approved in writing by the City . Engineer on file with CITY in City Engineer's office and incorporated herein as though fully set forth at length. 1.2 Further, SUBDIVIDER agrees to perform the following conditions: Public Improvements pursuant to TPM 05-273 2.0 PROGRESS OF WORK 2.1 Time is of the essence with this Covenant. SUBDIVIDER shall commence substantial construction of the public improvements required by this Covenant no later than one year from the date of approval by the City Engineer and shall complete the public improvements no later than two years and three months from the date of said approval. In the event good cause exists, as determined by the City Engineer, the time for commencement of construction or completion of the public improvements hereunder may be extended. Any such extension may be granted without notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way affect the validity of this Covenant or release the Surety or Sureties on any security given f or the faithful performance of this Covenant. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. As a condition of such extensions, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Covenant, as extended, in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 2.2 If any of the public improvements are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced prior to SUBDIVIDER demonstrating to CITY that SUBDIVIDER has acquired the appropriate property interests. 2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction of the public improvements and give all necessary notices and pay all fees and taxes required by law. 2.4 SUBDIVIDER shall notify the City Engineer in writing at least 15 days prior to the commencement of work hereunder. No construction work shall begin until authorized by CITY. 2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits for the buildings constructed on any lot created by the subdivision until all required improvements have been provided to the satisfaction of the City Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for inspection CITY, to all parts of the work and to the shops wherein the work is in preparation. 2.7 SUBDIVIDER shall give good and adequate warning to the public to each and every existing danger relating to the construction of the public improvements, and shall protect the public from such dangers. 3.0 INSPECTION/APPROVAL OF IMPROVEMENTS 3.1 The City Engineer or his duly authorized representative, upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense the public improvements herein agreed to be constructed and installed by SUBDIVIDER. If determined to be in accordance with applicable CITY standards and the other terms of this Covenant, the City Engineer shall approve the improvements. 3.2 SUBDIVIDER agrees to pay for each inspection of the improvements required by the City Engineer. 3.3 Approval of the public improvements by CITY, shall not constitute a waiver by CITY of any defects in the improvements. 3.4 Until such time as the public improvements required by this Covenant are fully completed by SUBDIVIDER and approved by the City Engineer. SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such public improvements. 4.0 HOLD HARMLESS 4.1 SUBDIVIDER agrees to indemnify and hold CITY and CITY's officers, officials, employees, and agents harmless from, and against any and all liabilities. claims, demands. causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of SUBDIVIDER or SUBDIVIDER's agents, employees, subcontractors, officials, officers or representatives. Upon demand, SUBDIVIDER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 4.2 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the public improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to SUBDIVIDER's proposed plans, specifications or design so long as such change is objected to, in writing, by SUBDIVIDER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 4.3 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the construction of the public improvements; alleged defects in the materials furnished in the construction of the public 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 public improvements; and any accident, loss or damage to the work or the public improvements prior to the approval of the construction of the public improvements by CITY. 4.4 By approving the improvement plans, specifications and design or by inspecting or approving the public improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of 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. 4.5 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. 5.0 INSURANCE 5.1 SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by CITY and authorized to do business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000.00) for each occurrence. The insurance policy shall provide that the policy shall remain in force during the life of this COVENANT and shall not be cancelled, terminated, or allowed to expire without thirty (30) days prior written notice to CITY from the insurance company. 5.2 CITY shall be named as an additional insured on SUBDIVIDER's policies. 5.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 6.0 REPAIR, MAINTENANCE AND REPLACEMENT As a condition on the approval by CITY of the satisfactory construction of the public improvements, SUBDIVIDER shall prepare, have executed. and record a covenant, in a form satisfactory to CITY, whereby property owners who will be served by the public improvements will be obligated to provide for the repair, maintenance and replacement of the public improvements and to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless. 7.0 NOTICES 7.1 Any notices to be given under this COVENANT, or otherwise, shall be served by certified mail. 7.2 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: LAWRENCE W. HOLLAND AND JILL B. HOLLAND 871 NEPTUNE AVE ENCINITAS, CA 92024 8.0 SUBDIVIDER's CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC SS 1101-1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. 9.0 GENERAL PROVISIONS 9.1 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 SUBDIVIDER's duties and obligations under this Covenant. 9.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations set forth herein. 9.3 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 CITY except as to the result to be accomplished. SUBDIVIDER may confer with CITY as required to perform this Covenant. 9.4 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. E,S Gregory J. Smith COUNTY OF SAN DIEGO ASSESSOR/ RECORDER/ COUNTY CLERK r] r. � yf RECORDER/COUNTY CLERK'S OFFICE ASSESSOR'S OFFICE 1600 Pacific Highway,Room 260 www.sdarec.com 1600 Pacific Highway,Room 103 P.O.Box 121750*San Diego,CA 92112-1750 San Diego,CA 92101-2480 Tel.(619)238-8158* Fax(619)557-4155 Tel.(619)236-3771* Fax(619)557-4056 BATCH #: 210067220070626 DOCUMENT#'S: 2007-0429609 RECORDING DATE: JUN 26,2007 3:57 PM TOTAL DUE: 0.00 Marriage licenses and civil ceremonies are available at all locations-no appointment necessary! SERVICES AVAILABLE AT SERVICES AVAILABLE ON-LINE AT OFFICE LOCATIONS www.sdarce.com * Tax Bill Address Changes * Forms and Applications * Records and Certified Copies: * Frequently Asked Questions(FAQs) Birth/Marriage/Death/Real Estate * Grantor/Grantee Index * Fictitious Business Names(DBAs) * Fictitious Business Names Index(DBAs) * Marriage Licenses and Ceremonies * Property Sales * Assessor Parcel Maps * Weddings on the Web * Property Ownership * On-Line Purchases * Property Records Assessor Parcel Maps * Property Values Property Characteristics * Document Recordings(Except in Kearny Mesa) Recorded Documents BRANCH OFFICES AVAILABLE TO SERVE YOU Monday through Friday 8:00 a.m.-5:00 p.m. Saturdays at the Kearny Mesa Office 9:00 a.m.-3:00 p.m. CHULA VISTA EL CAJON KEARNY MESA SAN MARCOS 590 Third Avenue 200 South Magnolia Ave. 9225 Clairemont Mesa Blvd. 141 E Carmel Street Chula Vista,CA 91910-2646 El Cajon,CA 92020-3316 San Diego,CA 92123-1211 San Marcos,CA 92078-4309 (619)498-2277 (619)401-5750 (858)505-6226 (760)940-6858 ' - Recording Requested by: City --ng'-- VA ',cn�n�oou mmoa aoo/ When Recorded Mail |O' I` couw|, Eco�u/� City Clerk TIME as/ pm City of Encinitas 505 S. Vulcan Avenue Encinitas- CA 92024 SID COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY' AGGeSSOr'S Parcel NO. 259-181-04 Project ND.: W.O.NO.: A. LAWRENCE W. HOLLAND AND JILL B. HOLLAND (SUBDIVIDER" hereinafter) is the owner of real property which in commonly known as TPM 05-273 AT 1415 RAINBOW RIDGE ("PROPERTY" hereinafter) and which is described as follows: See Exhibit A attached hereto and made o pad hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval subject to certain conditions requiring the construction of private improvements by SUBDIVIDER. SUBDIVIDER has applied for final approval of the subdivision but has not constructed the required private improvements. In consideration of the final approval of the subdivision Of the PROPERTY by the City of Encinitas ("CITY" hereinafter), SUBDIVIDER hereby covenants and agrees for the benefit of C|TY, to do the following: See Exhibit B which is attached hereto and 08d8 @ part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, eDournb[@ncoG. 8ucC9GGorG, heirs, personal [epneaentsdivea, transferees and assigns of the respective parties. D. GUBC>|V|C)EF< agrees that SUBC>|V|DER'e 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 ob|iQ81i0D owing to CITY by vv@y of this Covenant. E. If either party is required to incur costs to enforce the provisions of this CoVenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. F. Failure of SUBDIVIDER 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 SUBDIVIDER's satisfactory completion of SUBDIVIDER's duties and obligations contained herein, SUBDIVIDER 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 SUBDIVIDER. ACCEPTED AND AGREED: S BDIVIDE OW ,171C . Dated LA NCE W. Dated J B. HOLL ND (Notarization of OWNER signature is attached.) CITY OF ENCINITAS B w�0Z//0 Y Dated PETER COTA-ROBLES Director of Engineering Services (Notarization not required) x State of Cali ll: ) CALIFORNIA ALL-PURPOSE `� f County of IJ( Rao ) CERTIFICATE OF ACKNOWLEDGMENT abefore On � U me, I"� n l- (here insert naarne and titife of the officer) personally appeared U&t'61 ffil AJA "Q S3 L UtA'/� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose = name(s)X/are subscribed to the within instrument and acknowledged to me that Iqe4 /they executed the same in #is#ter/their authorized capacity(ies), and that by 14s+ r/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. Vic^'?° .Cc lorric a 22,201 - Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of ❑Personally known to me ❑Proved to me on the basis of satisfactory evidence: L form(s)of identification Q credible witness(es) Identification is detailed in notary journal on: containing pages,and dated Page# Entry It The signer(s) capacity or authority is/are as: Notary contact: R ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing 0 Copyright 2005 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK02. 10/05. To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotafy.com ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TPM 05-273 PROPERTY DESCRIPTION THE SOUTHERLY 326.12 FEET OF THE NORTHERLY 652.24 FEET OF THE EASTERLY 667.85 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE NORTHERLY 100 FEET OF THE WESTERLY 416.89 FEET THEREOF. ATTACHMENT `B' TO COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TPM 05-273 SUBDIVIDER'S DUTIES AND OBLIGATIONS Name of SUBDIVIDER: LAWRENCE W. HOLLAND AND JILL B. HOLLAND Tract or Parcel Map Number:TPM 05-273 Name of subdivision: TPM 05-273 AT 1415 RAINBOW RIDGE Resolution of Approval Number: PC 2006-46 Adopted SEPTEMBER 21, 2006 Estimated total cost of improvements: $ 7-05r-12(a 1.0 IMPROVEMENTS REQUIRED 1.1 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to furnish all the labor, equipment and materials to perform and complete, in accordance with the plans and specifications and to the satisfaction and approval of the City Engineer, all of the private improvements referred to below: Grading plan drawing no. 369-G sheets 1 through 4 prepared by PASCO ENGINNEEING, INC. as approved by the City Engineer together with any subsequent amendments approved in writing by the City Engineer; on file with CITY in City Engineer's office and incorporated herein as though fully set forth at length. 1.2 Further, SUBDIVIDER agrees to perform the following Conditions: All improvements, conditions and work pursuant to Conditions of Approval for TPM 05-273 2.0 PROGRESS OF WORK 2.1 Time is of the essence with this Covenant. SUBDIVIDER shall commence substantial construction of the private improvements required by this Covenant no later than one year form the date of approval by the City Engineer and shall complete the private improvements no later than two years and three months from the date of said approval. In the event good cause exists, as determined by the City Engineer, the time for commencement of construction or completion of the private improvements hereunder may be extended. Any such extension may be granted without notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way affect the validity of this Covenant or release the Surety or Sureties on any security given f or the faithful performance of this Covenant. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. As a condition of such extensions, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Covenant, as extended, in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 2.2 If any of the private improvements are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced prior to SUBDIVIDER demonstrating to CITY that SUBDIVIDER has acquired the appropriate property interests. 2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction of the private improvements and give all necessary notices and pay all fees and taxes required by law. 2.4 SUBDIVIDER shall notify the City Engineer in writing at least 15 days prior to the commencement of work hereunder. No construction work shall begin until authorized by CITY. 2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits for the buildings constructed on any lot created by the subdivision until all required improvements have been provided to the satisfaction of the City Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for inspection CITY, to all parts of the work and to the shops wherein the work is in preparation. 2.7 SUBDIVIDER shall give good and adequate warning to the public to each and every existing danger relating to the construction of the private improvements, and shall protect the public from such dangers. 3.0 INSPECTION/APPROVAL OF IMPROVEMENTS 3.1 The City Engineer or his duly authorized representative, upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense the private improvements herein agreed to be constructed and installed by SUBDIVIDER. If determined to be in accordance with applicable CITY standards and the other terms of this Covenant, the City Engineer shall approve the improvements. 3.2 SUBDIVIDER agrees to pay for each inspection of the improvements required by the City Engineer. 3.3 Approval of the private improvements by CITY, shall not constitute a waiver by CITY of any defects in the improvements. 3.4 Until such time as the private improvements required by this Covenant are fully completed by SUBDIVIDER and approved by the City Engineer. SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such private improvements. 4.0 HOLD HARMLESS 4.1 SUBDIVIDER agrees to indemnify and hold CITY and CITY's officers, officials, employees, and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of SUBDIVIDER or SUBDIVIDER's agents, employees, subcontractors, officials, officers or representatives. Upon demand. SUBDIVIDER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 4.2 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the private improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to SUBDIVIDER's proposed plans, specifications or design so long as such change is objected to, in writing, by SUBDIVIDER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 4.3 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the construction of the private improvements; alleged defects in the materials furnished in the construction of the private 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 private improvements; and any accident, loss or damage to the work or the private improvements prior to the approval of the construction of the private improvements by CITY. 4.4 By approving the improvement plans, specifications and design or by inspecting or approving the private improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of 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. 4.5 SUBDIVIDER's obligation herein does not extend to liabilities, claims, demands, and 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. 5.0 INSURANCE 5.1 SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by CITY and authorized to do business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000.00) for each occurrence. The insurance policy shall provide that the policy shall remain in force, during the life of this COVENANT and shall not be cancelled, terminated, or allowed to expire without thirty- (30) days prior written notice to CITY from the insurance company. 5.2 CITY shall be named as an additional insured on SUBDIVIDER's policies. 5.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 6.0 REPAIR MAINTENANCE AND REPLACEMENT As a condition on the approval by CITY of the satisfactory construction of the private improvements, SUBDIVIDER shall prepare, have executed. and record a covenant, in a form satisfactory to CITY, whereby property owners who will be served by the private improvements will be obligated to provide for the repair, maintenance and replacement of the private improvements and to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless. 7.0 NOTICES 7.1 Any notices to be given under this COVENANT, or otherwise, shall be served by certified mail. 7.2 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: LAWRENCE W. HOLLAND AND JILL B. HOLLAND 871 NEPTUNE AVE ENCINITAS, CA 92024 8.0 SUBDIVIDER'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC SS 1101-1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. 9.0 GENERAL PROVISIONS 9.1 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 SUBDIVIDER's duties and obligations under this Covenant. 9.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations set forth herein. 9.3 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 CITY except as to the result to be accomplished. SUBDIVIDER may confer with CITY as required to perform this Covenant. 9.4 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. Y�E .4 regory J. Smith _-�k �,U Gf4_. fA,II •+hO 4 n COUNTY OF SAN DIEGO D�- �� :_ ASSESSOR/ RECORDER/ COUNTY CLERK YID C c G 4�e I�.11 C-17 t:lY•�'� RECORDER/COUNTY CLERK'S OFFICE ASSESSOR'S OFFICE 1600 Pacific Highway,Room 260 www.sdarcc.com 1600 Pacific Highway,Room 103 P.O.Box 121750*San Diego,CA 92112-1750 San Diego,CA 92101-2480 Tel.(619)238-8158* Fax(619)557-4155 Tel.(619)236-3771* Fax(619)557-4056 BATCH #: 210066920070626 DOCUMENT#'S: 2007-0429604 RECORDING DATE: JUN 26,2007 3:56 PM TOTAL DUE: 0.00 Marriage licenses and civil ceremonies are available at all locations-no appointment necessary! SERVICES AVAILABLE AT SERVICES AVAILABLE ON-LINE AT OFFICE LOCATIONS www.sdarce.com * Tax Bill Address Changes * Forms and Applications * Records and Certified Copies: * Frequently Asked Questions(FAQs) Birth/Marriage/Death/Real Estate * Grantor/Grantee Index * Fictitious Business Names(DBAs) * Fictitious Business Names Index(DBAs) * Marriage Licenses and Ceremonies * Property Sales * Assessor Parcel Maps * Weddings on the Web * Property Ownership * On-Line Purchases * Property Records Assessor Parcel Maps * Property Values Property Characteristics * Document Recordings(Except in Kearny Mesa) Recorded Documents BRANCH OFFICES AVAILABLE TO SERVE YOU Monday through Friday 8:00 a.m.-5:00 p.m. Saturdays at the Kearny Mesa Office 9:00 a.m.-3:00 p.m. CHULA VISTA EL CAJON KEARNY MESA SAN MARCOS 590 Third Avenue 200 South Magnolia Ave. 9225 Clairemont Mesa Blvd. 141 E Carmel Street Chula Vista,CA 91910-2646 El Cajon,CA 92020-3316 San Diego,CA 92123-1211 San Marcos,CA 92078-4309 (619)498-2277 (619)401-5750 (858)505-6226 (760)940-6858 � Recording Requested By: \ mmzazno/ City Engineer ME-NI, now�/,-i coum1 y |,cCuxuEn When Recorded Mail TO: ) on/u� City Clerk ' TIME 3 5 PM City ofEncinitas \ 505 South Vulcan Avenue \ Encinitas, CA92O24 ) 8RA COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR DRAINAGE Assessor's Parcel ' N Project No.: TPM 05-273 Work Order: LAWRENCE W. HOLLAND AND JILL B. HOLLAND. ("OWNER" hereinafter) is the owner of real property which ia known ao ("PRC}pERTY" hereinafter) and which ia described aafollows: EXHIBIT^A'ATTACHED HERETO AND MADE&PART HEREOF;and B. |n consideration of TPM 05-273 AT 1415 RAINBOW RIDGE RD By the City of Encinitas ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, todo the following: SEE ATTACHMENT^B^ATTACHED HERETO AND MADE/\PART HEREOF. C. This Covenant shall run with the land and be binding upon and inure tothe benefit of the future owners, encurnbr§ncena, successors, heirG, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OVVNER'G duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of This Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. ACCEPTED AND AGREED: R Dated 1111W NC L D Dated JI HOLLAND (Notarization of OWNER signature is attached.) CITY OF ENCINITAS Dated by Notarization not required) Peter Cota-Robles Director of Engineering Services R State of California� ) CALIFORNIA ALL-PURPOSE County of l V` l C ) CERTIFICATE OF ACKNOWLEDGMENT �4164 Ak4 On before me� , (,h�ere,fnseert name a�ntitle of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the personm whose name(s)yK/are subscribed to the within instrument and acknowledged to me that hitst*they executed the same inl4TA7er/their authorized capacity(ies), and that by /their signatures) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. joAwk w WITNESS my hand and official seal. corn *1640200 p .camomia Noi S county io coml n 22,201 s j Signature. (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information W The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of ❑Personally known to me ❑Proved to me on the basis of satisfactory evidence: L0 form(s)of identification O credible witness(es) -- — Identification is detailed in notaryjournal on: containing pages, and dated Page# Entry# The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact s ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Titles) ❑ ❑ Guardian/Conservator m ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing R 0 Copyright 2005 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK02. 10/05. To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com Attachment `A" Legal Description of Real Property APNs 259-181-04 THE SOUTHERLY 326.12 FEET OF THE NORTHERLY 652.24 FEET OF THE EASTERLY 667.85 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE NORTHERLY 100 FEET OF THE WESTERLY 416.89 FEET THEREOF. ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR DRAINAGE PROJECT NO. TPM 05-273 OWNER'S DUTIES AND OBLIGATIONS 1. For claims that are alleged to have arisen, directly or indirectly, from drainage or runoff associated with the PROPERTY or the plans, design, construction or maintenance of OWNER' s improvements, OWNER unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. This waiver does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate wrongful act of CITY. 2. It is further understood and agreed that all of OWNER'S rights under §1542 of the Civil Code of, the State of California and any similar law of any state or territory of the United States are hereby expressly waived. 9 1542 reads as follows: 1542. Certain claims not affected bV general release. A general release does not extend to claims, which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 3. OWNER agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of OWNER or OWNER's agents, employees, subcontractors, officials, officers or representatives. Upon demand, OWNER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. OWNER' s obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the OWNER's proposed plans, specifications or design so long as such change is objected to, in writing, by OWNER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. OWNER's obligation herein includes, but is not limited to, alleged defects in the construction of the improvements; alleged defects in the materials furnished in the construction of the improvements; alleged injury to persons or property; and any alleged inverse condemnation of property as a consequence of the design, construction, or maintenance of the improvements. By approving the improvement plans, specifications and design or by inspecting or approving the improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of OWNER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees,and agents, harmless as provided above. OWNER's obligation herein does not extend to liabilities, claims, demands causes of action, losses, damages or costs that arise out of the CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 4. OWNER hereby agrees not to develop in any manner the PROPERTY except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of landforms, removal of vegetation and the erection of structures of any type,, except as permitted or authorization by CITY. 5. This Covenant does not Preclude OWNER taking emergency, protective measures as approved by CITY. 'I NA_lid I( I'' UUCUNIA,i N 1 ecording Requested By: Z6 coon UII�N;y Ht City Engineer A,,, 6 Icc TIME 3 5A PM When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE ROAD AND DRAINAGE FACILITIES MAINTENANCE AGREEMENT FOR TPM 05-273 Assessor's Parcel No.— 259-181-04 Project No.: 05-273 TPM 0369-G, PM THIS AGREEMENT for the maintenance and repair of that certain private road easement, and those private drainage facilities, all set forth in 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 LAWWRENCE W. HOLLAND AND ML B. HOLLAND, HUSBAND AND WIFE AS COMMUNITY PROPERTY, 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). WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas of a subdivision project as defined in Section 21065 of the Public Resources code and pursuant to City of Encinitas Municipal Code Section 24.16.060 and Section 24.29.040; and WHEREAS, Developer is the owner of certain real property being subdivided and developed as TPM 05-273 that will use and enjoy the benefit of said road easement. A complete legal description of said real property is attached, labeled Attachment 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 and drainage facilities 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 easement and drainage facilities 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 the property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: .l. 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 road easement and drainage facilities shall be divided equally among the subdivided parcels created in the subdivision and paid by the lot owner of the heirs, assigns and successors in interest or each such owner. 3. In the event any of the herein described parcels of land are subdivided further, the 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 drainage facilities to permit all- weather access and conveyance of storm flows. 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 easement 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 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. 2 . 6. Any extraordinary repair required to correct damage to said road easement or drainage facility 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 or drainage facility 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 and drainage facilities 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 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. 8. 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 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 costs and disbursements of such action, including such sum or sums as the Court may fix as and for a reasonable attorneys 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 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. 3 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, expenses, personal injury and other costs, including costs of defense and attorney's fees, to the agent hereunder 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 or drainage facilities. 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. 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 referred 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 regardless of form, shall be deemed to have consented to and become bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 8 hereof, such remedy to be cumulative and in addition to other remedies provided in this Agreement and to all other remedies at law or in equity. 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 competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. 4 16. 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 drainage facilities and shall be deemed the "agent" as referred to in Paragraph 7 above. The Association, which shall not be replaced except by amendment to the Declaration, shall receive no compensation for performing such duties. The costs of such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall have the right to alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the Property except as may be allowed by the Declaration. (c) This Agreement shall not be interpreted in any manner which reduces or limits the Association's rights and duties pursuant to its Bylaws and Declaration. ACCEPTED AND AGREED: DEVE PER Dated 7 C LAW C Dated JILL B. HOLLAND Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. 5 ' x State of California ) CALIFORNIA ALL-PURPOSE County of CERTIFICATE OF ACKNOWLEDGMENT /n 11 E On �� ZDU / before me, " (here insert name and titre of the officer) personally appeared �11 1f U l=iC VY l JI 1-- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal.HAND Commfiaion#r 1640200 Notary PLOIC California — son DWW County I@My Comm.Expires Jan 22,201 Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. x Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification ❑Personally known to me titled/for the purpose of ❑Proved to me on the basis of satisfactory evidence: L 0 form(s)of identification 0 credible witness(es) Identification is detailed in notary journal on: containing pages,and dated Page# Entry# f The signer(s) capacity or authority is/are as: (votary contact. ❑ Individual(s) Other Attorney-in-Fact❑ Y- E] Additional Signers) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) _ Title(s) ❑ ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: _ g Name(s)of Person(s)or Entity(ies)Signer is Representing �` _ vLx3w9031MOrvvJrlu3w9033.w0xvJVlx3rv903JmquvJVlx3w'303tmOxvJV� 0 Copyright 2005 Notary Rotary,,Inc.925 29th St.,Des,Moines,131A 50312.3612�.Form ACK02. 10/05. To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.co m ATTACHMENT A TO Covenant Regarding Real Property PROJECT NO. 05-202 TPM, 0369-G,PM APN 259-181-04 Legal Description u, W _j"Y 21 in � � ❑ ❑ k Ea 0 o q •+ 4� U cv re 5.4% 5.4X m E3 13 8 09d I Xt/W G z BSZ BSZ XYW TZ m Z a � N1 9SZ CSZ ti dSZ 956 ZSZ �E2 t2 -to Cq _ ik �I %d lu, "' ppN II ( m x Lq ul m o I`I LS ao n w a o ;II N I ¢N r�N N � ¢ �� Q w o Q v x J�J N ti �� k fz to r 4 aN _ °' v a N cl m l ❑ ❑ Lo \\ Cb ... ... Q II \\ 3t In `5'cf N �, II Qm \\ a ❑ \ i �i dig I nC4� I _ � o. 11 v n� \\ II � crj v I I vrn ; �` � N� � c°u III t� CU I U' �Q v • cr��j N N'N N �< i Ql or _ _ �` III t ` Ui Ln !O�� tcco N cU N ~ I dAI N o U) N N I . L,. C7 I W ❑ ❑ I .�-•i V q {Vf�� a 1O Oa N N II N P0 < F'Soj U6G II C.0 st I � II I N III ❑ x m II 11 I ti o is �' i; ti p" v � ., m '- `� I II ) rlll l[p^7 QQQ�. cy clu Ol N N V ry �U N N E ti` I v tW+� N ry N Z m n i s .�_ Attachment"B" Legal Description of Real Property APN 259-181-04 THE SOUTHERLY 326 .12 FEET OF THE NORTHERLY 652 .24 FEET OF THE EASTERLY 667.85 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE NORTHERLY 100 FEET OF THE WESTERLY 416 .89 FEET THEREOF. _~ uwE N) 2b 2(,6i RECORDING REQUESTED BYAND, ) m'�:w�wruumu�F �un/ u�zy�a/ ' |^ cu�m|/ �suu*uc� VVHENF�E{�ORDE[} MALTO� ` ' � / liwE PM CITY CLERK \ CITY OFENC|N|TAS ) 505 SOUTH VULCAN AVENUE \ ENCINITAS, CA 92024 SPACE ABOVE FOR RECORDERS USE ENCROACHMENT MAINTENANCE AND REMOVAL COVENANT ENCROACHMENT PERMIT NC). A.P.N.— 259-181-04 An encroachment permit ia hereby granted to the Pannh1aa designated inparagraph one, Attachment"N, as the owner of the Benefited property described in paragraph two, Aftachment'A:'to encroach upon City Property described in paragraph three, Attachment"K,as detailed in the diagram, Attoohrnent'15' Attachments'Amnd'S'anahereby incorporated herein by this reference om though fully set forth atlength. |n consideration of the issuance ofthis encroachment permit, Permittee hereby covenants and agrees, for the benefit of the City, as follows: 1 This covenant shall run with the land and be binding upon and inure to the benefit ofthe future owners, encumbrancers, successors, heirs, personal representatives, 'Jansferees, and assigns of the respective parties. 2. Permittee shall use and occupy the Cly Property only in the manner and for the rurpose described in paragraph four, Attachnnen1"A. 3. By accepting the benefits herein, Permittee acknowledges title to the City Property to be in the City and waives all right tocontest that title. 4. The term of the encroachment permit is indefinite and may be revoked by the City and abandoned byPemnitteaat any time. The city shall mail written notice of revocation to Permittee, addressed to the Benefited Property which shall set forth the date upon which the benefits of encroachment permit are tocease. 5. City is entitled to remove all or a portion of the improvements constructed by Pe'-mittee in order 10 repair, replace, or install public improvements. City shall have noobligation to pay for orrestore Permnittee�oinlpnovennento. O. Pmnnittee agrees tohold harno|ess, defend and indemnify from and against all c|oinns, demands, costs, losses, damages, injuries, |iUAaUon. and |iabi|ityahsinQoutoforna|atod to the use, construction, encroachment or maintenance to be done by the Permittee or Pennitteds agents, employees or contractors on City Property. bp8603/85/24/07/goabine 7. Upon abandonment, revocation, completion, or termination, Permittee shall, at no cost to the city, return City Property to its pre-permit condition within the time specified in the notice of revocation or prior to the date of abandonment. 8. If Permittee fails to restore the City Property, the City shall have the right to enter upon the City Property, after notice to the Permittee, delivered at the Benefited Property, and restore the City Property to its pre-permit condition to include the removal and destruction of any improvements and Permittee agrees to reimburse the city for the costs incurred. Notice may be given by first class mail sent to the last known address of the Permittee, which shall be deemed effective three calendar days after mailing, or by any other reasonable method likely to give actual notice. 9. If either party is required to incur costs to enforce the provisions of this covenant, the prevailing party shall be entitled to full reimbursement for all costs, including reasonable attorneys fees. 10. Permittee shall agree that Permitteds duties and obligations under this covenant are a lien upon the Benefited Property. Upon 30-day notice, and an opportunity to respond, the City may add to the tax bill of the Benefited Property any past due financial obligation owing to city by way of this covenant. 11. Permittee waives the right to assert any claim or action against the City arising out of or resulting from the revocation of this permit or the removal of any improvements or any other action by the City, its officers, agents, or employees taken in a manner in accordance with the terms of the permit. 12. Permittee recognizes and understands that the permit may create a possessory interest subject to property taxation and that the permittee may be subject to the payment of property taxes levied on such interest. 13. As a condition precedent to Permitteds right to go upon the City Property, the agreement must first be signed by the Permittee, notarized, executed by the City and recorded with the County Recorder of the County of San Diego. The recording fee shall be paid by Permittee. 14, Approved and issued by the City of Encinitas, California, this day of 20_. AGREED AND ACCEPTED PERMITTEE Dated: % 11 L r oll nd Dated: > Jill B. Hol:and (Notarization of PERMITTEE signature is attached) tvA, t-ACity in't Peter Cota-Robles, Engineering Director bp6603/05/24/07/gsabine R State of California ) CALIFORNIA ALL-PURPOSE County of S CERTIFICATE OF ACKNOWLEDGMENT On Z b IfMI _6� efore me,��'►,` � f II n 1 here insert narn4 and title of the officer) t R 4 personally appeared � R r F personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose g E name(s)/it/are subscribed to the within instrument and acknowledged to me that he>s e they executed the same in *isAi-e /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. g JOANNA HAIIG WITNESS my hand and official seal. Cannlsslon#► 1e4020o NokNy Son�"C� x My Cann ExPIM Jon 22,201 E Signature - (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document xAdditional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification x titled/for the purpose of ❑Personally known to me ❑Proved to me on the basis of satisfactory evidence: s Lo form(s)of identification 0 credible witness(es) Identification is detailed in notary journal on: containing pages,and dated Page n Entry a The signer(s) capacity or authority is/are as: Notary contact: F ❑ Individual(s) Other ❑ Attorney-in-Fact F ❑ Additionalsigner(s) ❑ signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ $ R ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Persons)or Entitoes)Signer is Representing 3 R ®Copyright 2005 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 form ACK02. 10/05. To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com ATTACHMENT`A TO COVENANT REGARDING ENCROACHMENT PERMIT NO. 0369-PE PARAGRAPH ONE: Permitee: Lawrence W. Holland and Jill B. Holland, Husband and Wife as Community Property PARAGRPAH TWO: Benefited Property: 1415 Rainbow Ridge Rd., APN 259-181-04 PARAGRAPH THREE: City Property:A potion of the easterly right-of-way of Rainbow Ridge Road fronting APN 259-181-04 PARAGRAPH FOUR: Purpose: For four private concrete drainage aprons within the public right-of-way. bp6603/05/24/07/gsabine �F. 5 Gregory J. Smith COUNTY OF SAN DIEGO f'�1 ASSESSOR/ RECORDER/ COUNTY CLERK ' ) K." RECORDER/COUNTY CLERK'S OFFICE ASSESSOR'S OFFICE 1600 Pacific Highway,Room 260 www.sdarce.com 1600 Pacific Highway,Room 103 P.O.Box 121750*San Diego,CA 92112-1750 San Diego,CA 92101-2480 Tel.(619)238-8158*Fax(619)557-4155 Tel.(619)236-3771* Fax(619)557-4056 BATCH #: 210065520070626 DOCUMENT 4'S: 2007-0429585 TO 2007-0429587 RECORDING DATE: JUN 26,2007 3:54 PM RECORDING: 34.00 ADD'L RECORDING: 22.00 MICROGRAPHICS: 3.00 TRIAL COURT: 19.00 CONF.COPY: 3.00 TOTAL DUE: 81.00 TOTAL TENDERED: 81.00 Marriage licenses and civil ceremonies are available at all locations-no appointment necessary! SERVICES AVAILABLE AT SERVICES AVAILABLE ON-LINE AT OFFICE LOCATIONS www.sdarce.com * Tax Bill Address Changes * Forms and Applications * Records and Certified Copies: * Frequently Asked Questions(FAQs) Birth/Marriage/Death/Real Estate * Grantor/Grantee Index * Fictitious Business Names(DBAs) * Fictitious Business Names Index(DBAs) * Marriage Licenses and Ceremonies * Property Sales * Assessor Parcel Maps * Weddings on the Web * Property Ownership * On-Line Purchases * Property Records Assessor Parcel Maps * Property Values Property Characteristics * Document Recordings(Except in Kearny Mesa) Recorded Documents BRANCH OFFICES AVAILABLE TO SERVE YOU Monday through Friday 8:00 a.m.-5:00 p.m. Saturdays at the Kearny Mesa Office 9:00 a.m.-3:00 p.m. CHULA VISTA EL CAJON KEARNY MESA SAN MARCOS 590 Third Avenue 200 South Magnolia Ave. 9225 Clairemont Mesa Blvd. 141 E Carmel Street Chula Vista,CA 91910-2646 El Cajon,CA 92020-3316 San Diego,CA 92123-1211 San Marcos,CA 92078-4309 (619)498-2277 (619)401-5750 (858)505-6226 (760)940-6858 Recording Requested By: ,JAL a )N J,It 2b 429 5 I�1 OUN Y ) �,UHLJ[ City Engineer 1"ME 3 54 17"M When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE STORM WATER TREATMENT MAINTENANCE AGREEMENT Assessor's Parcel No.-259-181-04 Project No.: 369-G W.0-No.: 05-273 THIS AGREEMENT for the periodic maintenance and repair of that certain private storm water treatment facilities, the legal description and/or plat of which is set forth in Exhibit A attached hereto and made a part hereof, is entered into by LAWRENCE W. HOLLAND AND JILL B. HOLLAND, HUSBAND AND WIFE AS COMMUNITY PROPERTY (hereinafter referred to as "Developer") for the benefit of future owners who will use the private storm water treatment facilities (hereinafter referred to as " Owner(s)", which shall include the Developer to the extent the Developer retains any ownership interest in any land covered by this agreement. WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas (herein referred to as "City") of a development project and pursuant to City of Encinitas Municipal Code Section 24.16.060 and Section 24.29.040; and WHEREAS, Developer is the owner of certain real property as described in Exhibit "B" that will use and enjoy the benefit of said storm water treatment facilities(s), said real property hereinafter referred to as the "property"; and WHEREAS, Property use and enjoy the benefit of certain facilities for storm water treatment and pollution control, said facilities described in Exhibit "B" attached hereto and made a part hereof-, and WHEREAS, it is the desire of the Developer that said private storm water treatment system be maintained in a safe and usable condition by the owners; and WHEREAS, it is the desire of the Developer to establish a method for the periodic maintenance and repair of said private storm water treatment facilities and for the apportionment of the expense of such maintenance and repair among existing and future owners; and WHEREAS, there exists a benefit to the public the private storm water facilities be adequately maintained on a regular and periodic basis in compliance with the City of Encinitas Municipal Code and other related City policies and requirements; and WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running with the land, binding upon each successive owner of all or any portion of the property. NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION AS FOLLOWS: 1. The property is benefited by this Agreement, and present and successive owners of all or any portion of the property are expressly bound hereby for the benefit of the land. 2. The private storm water facilities shall be constructed by the Owner, its successors and assigns, in accordance with the plans and specifications identified in the Plan. 3. The cost and expense of maintaining the private storm water treatment facilities shall be paid by the owner of the heirs, assigns and successors in interest or each such owner. 4. In the event any of the herein described parcels of land are subdivided further, the owners, heirs, assigns and successors in interest of each such newly created parcel shall be liable under this Agreement for their then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created parcels. 5. The repairs and maintenance to be performed under this Agreement shall be limited to the following: reasonable improvements and maintenance work to adequately maintain said private storm water treatment facilities in proper working order as determined by applicable City policies and requirements and to permit access to said facilities. Repairs and maintenance under this Agreement shall include, but are not limited to, repairing access roadbeds, repairing and maintaining drainage structures, removing debris, perpetually maintaining adequate groundcover and/or other erosion control measures within the private property in order to prevent sedimentation, and other work reasonably necessary and proper to repair and preserve the private storm water treatment facilities for their intended purposes and to prevent sedimentation in storm water runoff. The private storm water facilities shall be maintained regularly as necessary to keep the facilities in proper working order, with a minimum maintenance frequency of twice annually. In the event a maintenance schedule for the Storm Water BMP facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed. 6. If there is a covenant, agreement, or other obligation for the construction of improvements imposed as a condition of the development, the obligation to repair and 2 maintain the private storm water treatment facilities as herein set forth shall commence when improvements have been completed and approved by the City. 7. Any extraordinary repair required to correct damage to said storm water treatment facilities that results from action taken or contracted for by the owners or their successors in interest shall be paid for by the party taking action or party contracting for work which caused the necessity for the extraordinary repair. The repair shall be such as to restore the storm water treatment facilities to the condition existing prior to said damage. 8. Any liability of the owners for personal injury to an agent hereunder, or to any worker employed to make repairs or provide maintenance under this Agreement, or to third persons, as well as any liability of the owners for damage to the property of agent, or any such worker, or of any third persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne, by the owners as they bear the costs and expenses of such repairs and maintenance. Owners shall be responsible for and maintain their own insurance, if any. By this Agreement, the Developer does not intend to provide for the sharing of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. 9. Owners shall jointly and severally defend and indemnify and hold harmless City, City's engineer and its consultants and each of its officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees, to the agent hereunder or to any owner, any contractor, any subcontractor, any user of the storm water treatment facilities, or to any other third persons arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the private storm water treatment facilities. 10. 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. 11. The Owner, its successors and assigns, shall inspect the stormwater management/BMP facility and submit to the City an inspection report annually. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report. 11. Chapter 11.12 of the Encinitas Municipal Code outlines in detail the nuisance abatement process and the City's authority to require correction of any property maintenance violation that is deemed a public health or safety hazard or threat. The City is authorized 3 to collect sums as appropriate for recovery of the costs for abatement of any property maintenance violation should the property owner fail to voluntarily comply. 12. The Owner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater managementBMP facilities upon reasonable notice whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 13. In the event the Owner, its successors and assigns, fails to maintain the stormwater managementBMP facilities in good working condition acceptable to the City, the City , its agents, or its contractors, may enter upon the Property and take the steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Owner, its successors and assigns. In the event the CITY pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the CITY hereunder. If said funds are not paid in a timely manner, City reserves the right to file an assessment lien on the real property with the County Recorder of County of San Diego. It is expressly understood and agreed that the City is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 14. This Agreement imposes no liability of any kind whatsoever on the CITY and the Owner agrees to hold the CITY harmless from any liability in the event the stormwater managementBMP facilities fail to operate properly. 15. It is the purpose of the signatories hereto that this instrument be recorded to the end and, intent that the obligation hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 9 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. 16. The terms of this Agreement may be amended in writing upon majority approval of the owners and consent of the City. 17. 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. 4 18. If the Property constitutes a "Common Interest Development" as defined in California Civil Code Section 1351(c) which will include membership in or ownership of an "Association" as defined in California Civil Code Section 1351(a), anything in this Agreement to the contrary notwithstanding, the following provisions shall apply at and during such time as (i) the Property is encumbered by a "Declaration" (as defined in California Civil Code Section 1351(h), and (ii) the Common Area of the property (including the private storm water treatment facilities) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private storm water treatment facilities and shall be deemed the "agent" as referred to in Paragraph 7 above. The Association, which shall not be replaced except by amendment to the Declaration, shall receive no compensation for performing such duties. The costs of such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall have the right to alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the Property except as may be allowed by the Declaration. (c) This Agreement shall not be interpreted in any manner, which reduces or limits the Association's rights and duties pursuant to its Bylaws and Declaration. 19. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors, and assignees of each of the owners. 19. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of the owners and each and every person who shall at anytime own all or any portion of the property referred to herein. IN WITNESS WHEREOF, the parties have executed this Agreement This day of 2007. Developer: / L E H LAND ILL B. HOLLAND Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. 5 R State of California ) CALIFORNIA ALL-PURPOSE County of � ) CERTIFICATE OF ACKNOWLEDGMENT f O before me, ' v� (here insert name and titlif of the officer) R personally appeared 1 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. yTY~ WITNESS my hand and official seal. C *HAM 1 PUbft-COMOMW S�DwW county f my Comm.Epges Jan 22,201 Signature c R (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification R titled/for the purpose of ❑Personally known to me ❑Proved to me on the basis of satisfactory evidence: L0 form(s)of identification O credible witness(es) Identification is detailed in notary journal on: containing pages, and dated Page# Entry# _ The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact R ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing 0 Copyright 2005 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK02. 10/05. To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com Attachment `A'/ Plat of Storm Water Pollution Control BMPs APNs 259-181-04 INDICATES STORM WATER BMP 5 I I I I I I LAAO OMAERS BEFOHE-Prwx.�w,,,,,. KITH hg9h�A�can�. I I PLANS °' I I 0 25l.o F( x 2 1. FC�M 257.0 TG M4-%m =I D-75 TYPE 6 2.x.0 FG@TM 2499 IF N10M DITOi PEA Sam 251.0-FG96M' 251.0 FGQI/� C 251.0 FG@BM 2r,,.O FGd9M FG@TM. 2545-FG@TM 255.0 F6@TM .0 FG97M _ __-- TETAIN, 42' i Y Y 250.1 TG 2509 1P • 33.6- 249.1]E 250,5.TG 2495 IE. 2514 FG@611 I g I 2514 FG 252"0 FG@TM ❑ ❑ p 2a I 1 499 FL FG - PARCEL 1 250-3 TG a PAD-2514 248.8- 1 30.00'--1-24.07- •0 q: BUILDIAG MALLS m s 12 249.4 TG TO 9L PER SEPARATE -°' 250.6 Ts / 248.4 JE 20 ATAX PAD-251 18 I 251.0 FG ° J j i 1 ( 251.0 FG II-TRAFFIC��TED 1 246.621E Y:s - ' ' tP 1 9x p�'�+P'•• , 249.7 TG 250.0-TG v T ` ;,I�x �."�'. 2472 IE 3 I 2<5 a 250.,FL..� _�5; 2463 IF I ` PF POSED SEIkA 1 QEA&CUr PEA LMD S-25 N 253.1 FS s z PRIVATE R D _ 4 10Y N 1 245.1 FD f3X OEC!1 4'PCC WX If tae 245'9' PAO EL 2485 - - 2475 FL PROPOSED TYPE G-I CWXTE CaLF8 2519 FG@TM 1 FF01OSED TYPE C-3 94SOM 216.7 TG AETAINDG MALL PEA SU W (T'YP1 �! 245.7 IE 2.7Z P48b-FG 24Bb 7P 3 Y 248.7 FG@BM 248.7 FG@TM El ?495 FGMM 243.04 IE I I 249.5 FG@TM �� < FL-ABOVE-2449"2.7X 248.6 FS 30. I 2aa p ❑ PARCEL 2 - 246.7-I8 2165 FG FAD--246Z FG - 245.0 1F 246.7 FS I 248., 2465 FG@BM 2465 FG. 1'IPAFFIC 247.! 241.94241.94 IE� j 11 249.0 FG@TN TFETA71 OGAD1 (T ni E17.1-IG 247:6 TG 2483 FG@BM 24156 IE _ 24531E 246.1 IE �, 244.8 F6✓A9M c 2472 FG@rM 7475 FG@BM 2479 FG@BM S64-3j 29.W 66E PROPOSED PV 4- 244.0 Fc,.BM 248.0 F69rM 252.0 FGvi P483 FG@BM 244.0 FG • @TM 254.0 FG@r1l PROPOSED TYPE C-1 M4-,*FY I RU97SED 8- PROWSED MDIFIED INRC MALL PEA SORSO R PVC PIPE TYPE F'CATCH BASIN TO / \-RYPASED D•4AINAC£DIFECTION BE PRIVATELY M4INTAIN31 HATM AREA REp E,SENT, . IE IN 244:1 LAA SCAPE AREAS FOR BEST \ IE OUT-243.0• MANACfJIENT PRACTICE AOT TO `EXISTIAG OVETtEAD UTILITgS MXIIFIFD MI'O[1IT A PEPYIT r0 BE� FTX14 7FE Cm 7 Exhibit`B" Legal Description of Real Property APN 259-181-04 THE SOUTHERLY 326.12 FEET OF THE NORTHERLY 652.24 FEET OF THE EASTERLY 667.85 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STAE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE NORTHEERLY 100 FEET OF THE WESTERLY 416.89 FEET THEREOF. Recording Requested By: Ni N1 City of Encinitas T iMF 34 PM When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE DRAINAGE FACILITIES MAINTENANCE AGREEMENT FOR 0369-G Assessor's Parcel No.-259-181-04 Project No.: 369-G W.O.No.: 05-273 THIS AGREEMENT for the maintenance and repair of those private drainage facilities, the legal description and/or plat of which is set forth in Exhibit "B" attached hereto and made a part hereof, is entered into by LAWRENCE W. HOLLAND AND JILL B. HOLLAND, HUSBAND AND WIFE AS COMMUNITY PROPERTY hereinafter referred to as "Developer") for the benefit of future subdivision owners who will use the private drainage easement (hereinafter referred to as " 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, Developer is the owner of certain real property being described in Exhibit "A...which is attached hereto and made d part hereof that will use and enjoy the benefit of said drainage facilities. Said real property is hereinafter referred to as the "property"; and WHEREAS, it is the desire of the Developer that said private drainage facilities be maintained in a safe and usable condition by the owners; and WHEREAS, it is the desire of the Developer to establish a method for the maintenance and repair of said private road easement and drainage facilities and for the apportionment of the expense of such maintenance and repair among existing and future owners; and WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running with the land, binding upon each successive owner of all or any portion of the property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property is benefitted by this Agreement, and present and successive owners of all or any portion of the property are expressly bound hereby for the benefit of the land. 2. The cost and expense of maintaining the private drainage facilities shall be divided equally among the subdivided parcels created in the and paid by the owner of the heirs, assigns and successors in interest or each such owner. 3. In the event any of the herein described parcels of land are subdivided further, the owners, heirs, assigns and successors in interest of each such newly created parcel shall be liable under this Agreement for their then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created parcels. 4. The repairs and maintenance to be performed under this Agreement shall be limited to the following unless the consent for additional work is agreed to by a majority vote of the owners owning 100% of the number of parcels, including subdivisions thereof as described in Paragraph 3 above: reasonable and normal maintenance work to adequately maintain said private drainage facilities to permit conveyance of storm flows. Repairs and maintenance under this Agreement shall include, but is not limited to, repairing and maintaining drainage structures, removing debris, and other work reasonably necessary and proper to repair and preserve the easement for purposes of conveyance of storm flows. 5. If there is a covenant, agreement, or other obligation imposed as a condition of subdivision approval to make private drainage improvements to the private drainage easement, the obligation to repair and maintain the private drainage easement as herein set forth shall commence when the private drainage improvements have been completed and approved by the City. 6. Any extraordinary repair required to correct damage to said easement or drainage facility that results from action taken or contracted for by owners or their successors in interest shall be paid for by the parry taking action or party contracting for work which caused the necessity for the extraordinary repair. The repair shall be such as to restore the drainage facility to the condition existing prior to said damage. 2 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 owners. Repair and maintenance work on the private drainage facilities shall be commenced when a majority of the 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 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. The agent shall retain all such records for a period of five years. 8. Should any owner fail to pay the pro rata share of costs and expenses as provided in this Agreement, then the agent or any owner or owners shall be entitled without further notice to institute legal action for the collection of funds advanced on behalf of such 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 costs and disbursements of such action, including such sum or sums as the Court may fix as and for a reasonable attorneys fees. 9. Any liability of the 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 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 owners in the same percentages as they bear the costs and expenses of such repairs and maintenance. Each 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 owners agrees to indemnify the others from any and all liability for injury to him 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. Owners shall jointly and severally defend and indemnify and hold harmless City, City's engineer and its consultants and each of its officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees,to the agent hereunder or to any owner, any contractor, any subcontractor, any user of the easement, or to any other third persons arising 3 out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the private drainage facilities. 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. 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 owners and each and every person who shall at anytime own all or any portion of the property referred 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 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 regardless of form, shall be deemed to have consented to and become bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 8 hereof, such remedy to be cumulative and in addition to other remedies provided in this Agreement and to all other remedies at law or in equity. 14. The terms of this Agreement may be amended in writing upon majority approval of the owners and consent of the City. 15. The laws of the State of California shall govern this Agreement. 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. 16. 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: 4 (a) The Association, through its Board of Directors, shall repair and maintain the private drainage facilities and shall be deemed the "agent" as referred to in Paragraph 7 above. The Association, which shall not be replaced except by amendment to the Declaration, shall receive no compensation for performing such duties. The costs of such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall have the right to alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the Property except as may be allowed by the Declaration. (c) This Agreement shall not be interpreted in any manner which reduces or limits the Association's rights and duties pursuant to its Bylaws and Declaration. IN WITNESS WHEREOF, the parties have executed this Agreement on the �N day of AV L,�s; , 2007. Develo er: fl LAWRENCE OLLAND JI HOLLAND Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. 5 npa G3 i O � 4 I t Ita, 'b or 11 kj 0000 £ s z i EXHIBIT`B" LEGAL DESCRIPTION THE SOUTHERLY 326.12 FEET OF THE NORTHERLY 652.24 FEET OF THE EASTERLY 667.85 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTION THEREFROM THE NORTHERLY 100 FEET OF THE WESTERLY 416.98 FEET THEREOF. `Q \-AND SU� YN C YG�y�o LS 5211 p.06/30/09 \Q' -9�OF CA��F�� 7-zz..o7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of GC>,,>1j �ai� ss. I On 819-9107- before me, �c�� C C Date N e a d Title of fficer e. ' (, � �m� q ( g.,"Jane Doe,No ry Public") personally appeared �G►utJr`_j je L l/., 1 j1 /' 1.10 I' Name(s) of igner(s) Xpersonally known to me L proved to me on the basis of satisfactory evidence i to be the person(s) whose names is/are I� RICHA �� p O name(s) Commission • 1"71012 subscribed to the within instrument and Notary Public-CaliloRdO acknowledged to me that he/she/they executed San Olpo County the same in his/her/their authorized *jCW 8"WMq►16,=0 a 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. r- I� ITN and official seal. ( ,Place Notary Seal Above Si na ure (; g ry ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I Description of Attached Document Title or Type of Document: Document Date: Number of Pages: ') Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: _ El Individual El Corporate Officer—Title(s): Top of thumb here ❑ Partner—❑ Limited ❑ General ^I ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 14 t �1cfvl Recording Requested By: ) ' ' q City Engineer ) 7 E s 3-'J E-Yl When Recorded Mail to: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE STORM WATER TREATMENT AND INFILTRATION BASIN MAINTENANCE AGREEMENT Assessor's Parcel No. 259-181-04 Project No.: 369-G W.O.No.: 05-273 THIS AGREEMENT for the periodic maintenance and repair of that certain private storm water treatment facilities, the legal description and/or plat of which is set forth in Exhibit A attached hereto and made a part hereof, is entered into by LAWRENCE W. HOLLAND AND JILL B. HOLLAND, HUSBAND AND WIFE AS COMMUNITY PROPERTY (hereinafter referred to as "Developer") for the benefit of future owners who will use the private storm water treatment facilities (hereinafter referred to as " Owner(s)", which shall include the Developer to the extent the Developer retains any ownership interest in any land covered by this agreement. WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas (herein referred to as "City") of a development project and pursuant to City of Encinitas Municipal Code Section 24.16.060 and Section 24.29.040; and WHEREAS, Developer is the owner of certain real property as described in Exhibit `B" that will use and enjoy the benefit of said storm water treatment facilities(s), said real property hereinafter referred to as the "property"; and WHEREAS, Property use and enjoy the benefit of certain facilities for storm water treatment and pollution control, said facilities described in Exhibit`B" attached hereto and made a part hereof;and WHEREAS, it is the desire of the Developer that said private storm water treatment system be maintained in a safe and usable condition by the owners; and WHEREAS, it is the desire of the Developer to establish a method for the periodic maintenance and repair of said private storm water treatment facilities and for the apportionment of the expense of such maintenance and repair among existing and future owners; and WHEREAS, there exists a benefit to the public the private storm water facilities be adequately maintained on a regular and periodic basis in compliance with the City of Encinitas Municipal Code and other related City policies and requirements; and WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running with the land, binding upon each successive owner of all or any portion of the property. NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION AS FOLLOWS: I. The property is benefited by this Agreement, and present and successive owners of all or any portion of the property are expressly bound hereby for the benefit of the land. 2. The private storm water facilities shall be constructed by the Owner, its successors and assigns, in accordance with the plans and specifications identified in the Plan. 3. The cost and expense of maintaining the private storm water treatment facilities shall be paid by the owner of the heirs, assigns and successors in interest or each such owner. 4. In the event any of the herein described parcels of land are subdivided further, the owners, heirs, assigns and successors in interest of each such newly created parcel shall be liable under this Agreement for their then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created parcels. 5. The repairs and maintenance to be performed under this Agreement shall be limited to the following: reasonable improvements and maintenance work to adequately maintain said private storm water treatment facilities in proper working order as determined by applicable City policies and requirements and to permit access to said facilities. Repairs and maintenance under this Agreement shall include, but are not limited to, repairing access roadbeds, repairing and maintaining drainage structures, removing debris, perpetually maintaining adequate groundcover and/or other erosion control measures within the private property in order to prevent sedimentation, and other work reasonably necessary and proper to repair and preserve the private storm water treatment facilities for their intended purposes and to prevent sedimentation in storm water runoff. The private storm water facilities shall be maintained regularly as necessary to keep the facilities in proper working order, with a minimum maintenance frequency of twice annually. In the event a maintenance schedule for the Storm Water BMP facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed. 6. If there is a covenant, agreement, or other obligation for the construction of improvements imposed as a condition of the development, the obligation to repair and maintain the private storm water treatment facilities as herein set forth shall commence when improvements have been completed and approved by the City. 2 7. Any extraordinary repair required to correct damage to said storm water treatment facilities that results from action taken or contracted for by the owners or their successors in interest shall be paid for by the party taking action or party contracting for work which caused the necessity for the extraordinary repair. The repair shall be such as to restore the storm water treatment facilities to the condition existing prior to said damage. 8. Any liability of the owners for personal injury to an agent hereunder, or to any worker employed to make repairs or provide maintenance under this Agreement, or to third persons, as well as any liability of the owners for damage to the property of agent, or any such worker, or of any third persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne, by the owners as they bear the costs and expenses of such repairs and maintenance. Owners shall be responsible for and maintain their own insurance, if any. By this Agreement, the Developer does not intend to provide for the sharing of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. 9. Owners shall jointly and severally defend and indemnify and hold harmless City, City's engineer and its consultants and each of its officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees, to the agent hereunder or to any owner, any contractor, any subcontractor, any user of the storm water treatment facilities, or to any other third persons arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the private storm water treatment facilities. 10. 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. 11. The Owner, its successors and assigns, shall inspect the stormwater management/BMP facility and submit to the City an inspection report annually. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report. 11. Chapter 11.12 of the Encinitas Municipal Code outlines in detail the nuisance abatement process and the City's authority to require correction of any property maintenance violation that is deemed a public health or safety hazard or threat. The City is authorized to collect sums as appropriate for recovery of the costs for abatement of any property maintenance violation should the property owner fail to voluntarily comply. 12. The Owner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater 3 managementBMP facilities upon reasonable notice whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 13. In the event the Owner, its successors and assigns, fails to maintain the stormwater managementBMP facilities in good working condition acceptable to the City, the City , its agents, or its contractors, may enter upon the Property and take the steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Owner, its successors and assigns. In the event the CITY pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the CITY hereunder. If said funds are not paid in a timely manner, City reserves the right to file an assessment lien on the real property with the County Recorder of County of San Diego. It is expressly understood and agreed that the City is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 14. This Agreement imposes no liability of any kind whatsoever on the CITY and the Owner agrees to hold the CITY harmless from any liability in the event the stormwater managementBMP facilities fail to operate properly. 15. It is the purpose of the signatories hereto that this instrument be recorded to the end and intent that the obligation hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 9 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. 16. The terms of this Agreement may be amended in writing upon majority approval of the owners and consent of the City. 17. 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. 18. 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 4 (including the private storm water treatment facilities) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private storm water treatment facilities and shall be deemed the "agent" as referred to in Paragraph 7 above. The Association, which shall not be replaced except by amendment to the Declaration, shall receive no compensation for performing such duties. The costs of such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall have the right to alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the Property except as may be allowed by the Declaration. (c) This Agreement shall not be interpreted in any manner, which reduces or limits the Association's rights and duties pursuant to its Bylaws and Declaration. 19. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors, and assignees of each of the owners. 19. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of the owners and each and every person who shall at anytime own all or any portion of the property referred to herein. IN WITNESS WHEREOF, the parties have executed this Agreement This day of A ,2007. Developer: NC . HOLLAND B. OL AND Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. 6 �°n x, �cn ti ac�a n� rl .�..�..' k ..�.M--•uuyr — T_Zil-�'.. E 9 toll as no v' t. w of � k C3-1 3 g � R1 f' t q � i C2 EXHIBIT"B" LEGAL DESCRIPTION THE SOUTHERLY 326.12 FEET OF THE NORTHERLY 652.24 FEET OF THE EASTERLY 667.85 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTION THEREFROM THE NORTHERLY 100 FEET OF THE WESTERLY 416.98 FEET THEREOF. C. (� > LS 5211 p.06130109 OF C CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I State of California ss. County of & A.1 I On 0 before me, �� `� Date Name and Title of Officer e. ' j. ( g.,"Jane Doe,No�,ery Pu is") personally appeared �p ` Name(s)of Signer(s) ' Xpersonally known to me E proved to me on the basis of satisfactory evidence Imis O to be the person(s) whose name(s) is/are 014"Pulpn �� subscribed to the within instrument and No1vry►uWlb $on DNW County acknowledged to me that he/she/they executed M��ntn►bp1�Mg140 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. j (` WITN and official seal. i� Place Notary Seal Above o o ary u is ( I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I; Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ( ❑ IndividualI El Corporate Officer—Title(s): Top of thumb here I� ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ] ❑ Other: ( I Signer Is Representing: ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 HYDROLOGY CALCULATIONS For RAINBOW RIDGE LANE APN:254-181-04 M1 j CASE NO.05-273 DR/TPNVCDP I p j CITY OF ENCINITAS, CALIFORNIA J Prepared For LAWRENCE HOLLAND 1415 Rainbow Ridge Lane Encinitas, CA 92024 PE 1341 PREPARED BY: PASCO ENGINEERING, INC. 535 N. HIGHWAY 101, SUITE A SOLANA BEACH, CA 92075 (858)259-8212 DATE: 10-25-06 �OpjkOFESS`o' REVISED: 03-07-07 cn w �. C Q� o # EXP ZljtlU CAt1�r��. W. JUSTY,I SUITER, RCE 68964 DATE N:\Hydrology& Hydraulics\1341\1341 HYDRO REPORT.doc PE# 1341 9:06 AM 3/12/2007 HYDROLOGY STUDY for RAINBOW RIDGE LANE PE 1341 TABLE OF CONTENTS SECTION DISCUSSION..............................................................................A CONCLUSION.............................................................................B 100 YEAR PRE DEVELOPMENT HYDROLOGY CALCULATIONS.........C 100 YEAR POST DEVELOPMENT HYDROLOGY CALCULATIONS .......D APPENDIX.................................................................................E Detention Calculations Curb Inlet Calculations Grass Swale BMP 85`h Percentile Calculation Grass Swale Treatment Length Calculation Grass Swale Capacity Calculation Isopluvials Intensity Duration Curve SCS Soil Classification Node Map N:\Hydrology& Hydraulics\1341\1341 HYDRO REPORT.doc PE# 1341 9:06 AM 3/12/2007 HYDROLOGY STUDY for RAINBOW RIDGE LANE PE 1341 A. INTRODUCTION The purpose of this report is to analyze the storm water runoff produced from the 100 year storm event of the existing and post-developed condition of the Rainbow Ridge Lane proposed project site. The subject property is physically located at 1415 Rainbow Ridge Lane, Encinitas California. The property is geographically located at N 33 004'00" W 117017'00". Pre-Developed Conditions The existing condition of the project site consists of an existing house at 1415 Rainbow Ridge Lane. The site is surrounded by a single family residence to the north and south. - To the west is Rainbow Ridge Lane and along the eastern portion of the property is Saxony Road. Currently there is a single family home, detached garage, and shed on site. All structures are proposed to be removed. Topography in the eastern portion of the site is steep slopes that fall from west to east. This slope various on average from 2:1 to 4:1. The western portion of the property has gradual slopes from east to west. These average slopes vary as well with grades of 10:1 to 15:1. The highpoint of the lot is 265.0 and occurs along the northern portion of the property. It is located near the detached garage. A ridge splits the property into two drainage areas with runoff on the western portion of the site traveling from east to west and north to south. The low point elevation is 243.2, giving a difference in elevation of 21.8 feet. Runoff from the eastern portion of the site generally travels from west to east and south to north. The low point for this drainage area is 176.5, giving a difference in elevation of 88.5 feet. Existing drainage patterns can be seen in the attached pre-development node map (see appendix). For the project the site was divided into two sub basins. Runoff from the sub basins was found to be 2.46 cfs for the western basin and 5.81 cfs for the eastern basin. Post- Development Conditions The proposed development consists of the construction of 4 single family residences. All proposed drainage from roofs and decks will be directed to flow over BMP area before leaving the site. After completion of the project all proposed drainage will maintain existing runoff discharge conditions. For the post development analysis the western basin was divided into 4 separate sub basins. Parcel's 1 and 2 contain all runoff in their respective parcels. Parcels 3 and 4 are divided in half along a ridge with a portion of the runoff traveling to west and the N:\Hydrology & Hydraulics\1341\1341 HYDRO REPORT.doc PE#1341 9:06 AM 3/12/2007 HYDROLOGY STUDY for RAINBOW RIDGE LANE PE 1341 remaining portion to the east. Post development delineated drainage basins can be seen in the attached node map (see appendix). Due to the increase in impervious surface area a net increase in flow occurred in the post development condition. Calculated runoff from the western basins was found to be 5.23 cfs. Using unit hydrograph analysis it was determined that a volume of 1,550 cf is needed to be detained to maintain existing discharge conditions. These calculations can be found in the appendix. Assuming that 3/4"gravel has 50% void space, runoff from parcels 1 and 2 will be detained with a 900 cf detention structure on each respective lot. Runoff generated from parcels 3 and 4 will be detained with a 1,350 cf detention structure. A detail of the detention structures and locations of the three detention structures can be seen on the grading plan. Post development analysis for the eastern basin yielded a peak flow of 5.67 cfs. The lower total flow at the eastern discharge point in the post development analysis warrants no detention structures for this portion of the property. Methodology and Results Introduction The hydrologic model used to perform the hydrologic analysis presented in this report utilizes the Ration Method (RM) equation, Q=CIA. The RM formula estimates the peak rate of runoff based on the variables of area, runoff coefficient, and rainfall intensity. The rainfall intensity (I) is equal to: I = 7.44 x P6 x D-0.645 Where: - I = Intensity (in/hr) P6 = 6-hour precipitation (inches) D = duration (minutes—use Tc) Using the Time of Concentration (Tc), which is the time required for a given element of water that originates at the most remote point of the basin being analyzed to reach the point at which the runoff from the basin is being analyzed. The RM equation determines the storm water runoff rate (Q) for a given basin in terms of flow (typically in cubic feet per second (cfs) but sometimes as gallons per minute (gpm)). The RM equation is as follows: Q = CIA Where: Q=flow (in cfs) C =runoff coefficient, ratio of rainfall that produces storm water runoff(runoff vs. infiltration/evaporation/absorption/etc) I = average rainfall intensity for a duration equal to the Tc for the area, in inches per hour. A =drainage area contributing to the basin in acres. N:\Hydrology& Hydraulics\1341\1341 HYDRO REPORT.doc PE# 1341 9:06 AM 3/12/2007 HYDROLOGY STUDY for RAINBOW RIDGE LANE PE 1341 The RM equation assumes that the storm event being analyzed delivers precipitation to the entire basin uniformly, and therefore the peak discharge rate will occur when a raindrop that falls at the most remote portion of the basin arrives at the point of analysis. The RM also assumes that the fraction of rainfall that becomes runoff or the runoff coefficient C is not affected by the storm intensity, I, or the precipitation zone number. The hydrologic soil group classification for the site is "D". The methodology used herein to determine Qioo is the modified rational method. The computer modeling program utilized to perform the hydrologic analysis of the proposed project site is produced by Advanced Engineering Software (AES2003). The pre and post-development runoff coefficients, used to analyze the both conditions, were determined by using weighted "C" average. C=0.90 x (% impervious) + Cp x (1-%impervious) Where: Cp = pervious surface runoff coefficient (varies depending on soil type from 0.2 to 0.35—since analysis assumes type d soils Cp =0.35) For the proposed development the runoff coefficient utilized for the hydrologic analysis of the project site varied based on the area of impervious surfaces. For the western portion of the project C values ranged from 0.56 to 0.67. For the eastern portion of the project the C value was 0.37. For the pre-developed condition the runoff coefficient utilized for the hydrologic analysis of the project site was calculated to be 0.38 based on 6% impervious surface B. CONCLUSION Based on the information and calculations contained in this report it is the professional opinion of Pasco Engineering, Inc. that the storm drain system as proposed on the corresponding Grading Plan will function to adequately intercept, contain and convey Q 1 oo to the appropriate points of discharge. N:\Hydrology& Hydraulics\1341\1341 HYDRO REPORT.doc PE# 1341 9:06 AM 3/12/2007 HYDROLOGY STUDY for RAINBOW RIDGE LANE PE 1341 C. 100 YEAR PRE DEVELOPMENT HYDROLOGY CALCULATIONS EASTERN PORTION N:\Hydrology& Hydraulics\1341\1341 HYDRO REPORT.doc PE# 1341 9:06 AM 3/12/2007 1341PRE2(EAST) RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 2001,1985,1981 HYDROLOGY MANUAL (c) Copyright 1982-2002 Advanced Engineering software (aes) Ver. 1. 5A Release Date: 0110112002 License ID 1452 Analysis prepared by: Pasco Engineering, Inc. _.. 535 N. HWY 101, Suite A Solana Beach, CA 92075 ""�• �""""""� �""""� �"" DESCRIPTION OF STUDY �� : : � • Pre development Hydrologic Analysis • Rainbow Ridge Lane, Encinitas, CA • PE 1341 FILE NAME: 1341PRE2.DAT TIME/DATE OF STUDY: 14: 55 10/27/2006 ---------------------------------------------------------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ---------------------------------------------------------------------------- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) = 100.00 6-HOUR DURATION PRECIPITATION (INCHES) = 2.700 SPECIFIED MINIMUM PIPE SIZE(INCH) = 3.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE = 0.95 SAN DIEGO HYDROLOGY MANUAL "C"-VALUES USED FOR RATIONAL METHOD NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED USER-DEFINED STREET-SECTIONS FOR COUPLED PIPEFLOW AND STREETFLOW MODEL HALF- CROWN TO STREET-CROSSFALL: CURB GUTTER-GEOMETRIES: MANNING WIDTH CROSSFALL IN- / OUT-/PARK- HEIGHT WIDTH LIP HIKE FACTOR NO. (FT) (FT) SIDE / SIDE/ WAY (FT) (FT) (FT) (FT) (n) 1 30.0 20.0 0.018/0.018/0.020 0.67 2.00 0.0312 0.167 0.0150 GLOBAL STREET FLOW-DEPTH CONSTRAINTS: 1. Relative Flow-Depth = 0.00 FEET as (Maximum Allowable street Flow Depth) - (Top-of-Curb) 2. (Depth)*(velocity) Constraint = 6.0 (FT*FT/S) *SIZE PIPE WITH A FLOW CAPACITY GREATER THAN OR EQUAL TO THE UPSTREAM TRIBUTARY PIPE.* FLOW PROCESS FROM NODE 2.30 TO NODE 2.20 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< -------------------------------------------------------------------- *USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .3800 S.C.S. CURVE NUMBER (AMC II) = 0 INITIAL SUBAREA FLOW-LENGTH = 100.00 UPSTREAM ELEVATION = 260.00 DOWNSTREAM ELEVATION = 237.00 ELEVATION DIFFERENCE = 23.00 - URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 4. 558 •CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH Page 1 1341PRE2(EAST) DEFINITION. EXTRAPOLATION OF NOMOGRAPH USED. TIME OF CONCENTRATION ASSUMED AS 6-MINUTES 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 6.325 SUBAREA RUNOFF(CFS) = 0.58 TOTAL AREA(ACRES) = 0.24 TOTAL RUNOFF(CFS) 0. 58 FLOW PROCESS FROM NODE 2.20 TO NODE 2.10 IS CODE = 52 ---------------------------------------------------------------------------- »»>COMPUTE NATURAL VALLEY CHANNEL FLOW««< »»>TRAVELTIME THRU SUBAREA««< ------------------------------------------ --------------------------------- ELEVATION DATA: UPSTREAM(FEET) = 237.00 DOWNSTREAM(FEET) = 184.00 CHANNEL LENGTH THRU SUBAREA(FEET) = 170.00 CHANNEL SLOPE = 0.3118 NOTE: CHANNEL FLOW OF 1. CFS WAS ASSUMED IN VELOCITY ESTIMATION NOTE: CHANNEL SLOPE OF .1 WAS ASSUMED IN VELOCITY ESTIMATION CHANNEL FLOW THRU SUBAREA(CFS) = 0. 58 FLOW VELOCITY(FEET/SEC) = 4.74 (PER LACFCD/RCFC&WCD HYDROLOGY MANUAL) TRAVEL TIME(MIN.) = 0.60 TC(MIN.) = 6.60 LONGEST FLOWPATH FROM NODE 2.30 TO NODE 2.10 = 270.00 FEET. FLOW PROCESS FROM NODE 2.10 TO NODE 2.00 IS CODE = 51 ---------------------------------------------------------------------------- »»>COMPUTE TRAPEZOIDAL CHANNEL FLOW««< »»>TRAVELTIME THRU SUBAREA (EXISTING ELEMENT)««< ------------------------------------------ -------------------------------- ELEVATION DATA: UPSTREAM(FEET) = 184.00 DOWNSTREAM(FEET) = 162.00 CHANNEL LENGTH THRU SUBAREA(FEET) = 330.00 CHANNEL SLOPE = 0.0667 CHANNEL BASE(FEET) = 1.00 "Z" FACTOR = 2.000 MANNING'S FACTOR = 0.015 MAXIMUM DEPTH(FEET) = 500.00 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 5.354 *USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .3800 S.C.S. CURVE NUMBER (AMC II) = 0 TRAVEL TIME COMPUTED USING ESTIMATED FLOW(CFS) = 0. 58 TRAVEL TIME THRU SUBAREA BASED ON VELOCITY(FEET/SEC.) = 4.69 AVERAGE FLOW DEPTH(FEET) = 0.10 TRAVEL TIME(MIN.) = 1.17 TC(MIN.) = 7.77 SUBAREA AREA(ACRES) = 0.00 SUBAREA RUNOFF(CFS) = 0.00 TOTAL AREA(ACRES) = 0.24 PEAK FLOW RATE(CFS) = 0.58 END OF SUBAREA CHANNEL FLOW HYDRAULICS: DEPTH(FEET) = 0.10 FLOW VELOCITY(FEET/SEC.) = 4.69 LONGEST FLOWPATH FROM NODE 2.30 TO NODE 2.00 = 600.00 FEET. FLOW PROCESS FROM NODE 2.00 TO NODE 2.00 IS CODE = 81 ---------------------------------------------------------------------------- »»>ADDITION OF SUBAREA TO MAINLINE PEAK FLOW««< --------------------------------------------------------------------- 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 5.354 "USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .3800 S.C.S. CURVE NUMBER (AMC II) = 0 SUBAREA AREA(ACRES) = 2. 57 SUBAREA RUNOFF(CFS) = 5.23 TOTAL AREA(ACRES) = 2.81 TOTAL RUNOFF(CFS) = 5.81 TC(MIN) = 7.77 ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- END OF STUDY SUMMARY: TOTAL AREA(ACRES) = 2.81 TC(MIN.) = 7.77 PEAK FLOW RATE(CFS) = 5.81 ----------------------------------------- ---- - Page 2 HYDROLOGY STUDY for RAINBOW RIDGE LANE PE 1341 C. 100 YEAR PRE DEVELOPMENT HYDROLOGY CALCULATIONS WESTERN PORTION N:\Hydrology & Hydraulics\1341\1341 HYDRO REPORT.doc PE# 1341 9:06 AM 3/12/2007 1341PRE(WEST) RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 2001,1985,1981 HYDROLOGY MANUAL (c) Copyright 1982-2002 Advanced Engineering Software (aes) Ver. 1.5A Release Date: 0110112002 License ID 1452 Analysis prepared by: Pasco Engineering, Inc. 535 N. HWY 101, Suite A Solana Beach, CA 92075 DESCRIPTION OF STUDY �� * 100 Year storm Predevelopment ` PE 1341 Holland Rainbow Ridge FILE NAME: 1341PRE.DAT TIME/DATE OF STUDY: 16:25 10/16/2006 ---------------------------------------------------------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ---------------------------------------------------------------------------- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) = 100.00 6-HOUR DURATION PRECIPITATION (INCHES) = 2.700 SPECIFIED MINIMUM PIPE SIZE(INCH) = 3.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE = 0.95 SAN DIEGO HYDROLOGY MANUAL "C"-VALUES USED FOR RATIONAL METHOD NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED •USER-DEFINED STREET-SECTIONS FOR COUPLED PIPEFLOW AND STREETFLOW MODEL* HALF- CROWN TO STREET-CROSSFALL: CURB GUTTER-GEOMETRIES: MANNING WIDTH CROSSFALL IN- / OUT-/PARK- HEIGHT WIDTH LIP HIKE FACTOR NO. (FT) (FT) SIDE / SIDE/ WAY (FT) (FT) (FT) (FT) (n) ----- --------- ----------------- ------ ----- ------ ----- ------- 1 30.0 20.0 0.018/0.018/0.020 0.67 2.00 0.0312 0.167 0.0150 GLOBAL STREET FLOW-DEPTH CONSTRAINTS: 1. Relative Flow-Depth = 0.00 FEET as (Maximum Allowable street Flow Depth) - (Top-of-Curb) 2. (Depth)*(Velocity) Constraint = 6.0 (FT*•FT/S) •SIZE PIPE WITH A FLOW CAPACITY GREATER THAN OR EQUAL TO THE UPSTREAM TRIBUTARY PIPE FLOW PROCESS FROM NODE 1.20 TO NODE 1.10 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< ------------------------------------------------------------------- *USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .3800 S.C.S. CURVE NUMBER (AMC II) = 0 INITIAL SUBAREA FLOW-LENGTH = 100.00 UPSTREAM ELEVATION = 265.00 DOWNSTREAM ELEVATION = 260. 50 ELEVATION DIFFERENCE = 4. 50 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 7.850 -CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH Page 1 1341PRE(WEST) DEFINITION. EXTRAPOLATION OF NOMOGRAPH USED. 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 5.318 SUBAREA RUNOFF(CFS) = 0.36 TOTAL AREA(ACRES) = 0.18 TOTAL RUNOFF(CFS) = 0.36 FLOW PROCESS FROM NODE 1.10 TO NODE 1.00 IS CODE = 51 ---------------------------------------------------------------------------- »»>COMPUTE TRAPEZOIDAL CHANNEL FLOW««< »»>TRAVELTIME THRU SUBAREA (EXISTING ELEMENT)««< ELEVATION DATA: UPSTREAM(FEET) = 260. 50 DOWNSTREAM(FEET) = 243.20 CHANNEL LENGTH THRU SUBAREA(FEET) = 220.00 CHANNEL SLOPE = 0.0786 CHANNEL BASE(FEET) = 4.00 "Z" FACTOR = 2.000 MANNING'S FACTOR = 0.015 MAXIMUM DEPTH(FEET) = 500.00 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 4.794 USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .3800 S.C.S. CURVE NUMBER (AMC II) = 0 TRAVEL TIME COMPUTED USING ESTIMATED FLOW(CFS) = 0.36 TRAVEL TIME THRU SUBAREA BASED ON VELOCITY(FEET/SEC.) = 2.68 AVERAGE FLOW DEPTH(FEET) = 0.03 TRAVEL TIME(MIN.) = 1.37 TC(MIN.) = 9.22 SUBAREA AREA(ACRES) 0.00 SUBAREA RUNOFF(CFS) = 0.00 TOTAL AREA(ACRES) = 0.18 PEAK FLOW RATE(CFS) = 0.36 END OF SUBAREA CHANNEL FLOW HYDRAULICS: DEPTH(FEET) = 0.03 FLOW VELOCITY(FEET/SEC.) = 2.68 LONGEST FLOWPATH FROM NODE 1.20 TO NODE 1.00 = 320.00 FEET. FLOW PROCESS FROM NODE 1.00 TO NODE 1.00 IS CODE = 81 ---------------------------------------------------------------------------- »»>ADDITION OF SUBAREA TO MAINLINE PEAK FLOW««< ----------------------------------------- --------------------------- 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 4.794 *USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .3800 S.C.S. CURVE NUMBER (AMC II) = 0 SUBAREA AREA(ACRES) = 1.15 SUBAREA RUNOFF(CFS) = 2.10 TOTAL AREA(ACRES) = 1.33 TOTAL RUNOFF(CFS) = 2.46 TC(MIN) = 9.22 Page 2 HYDROLOGY STUDY for RAINBOW RIDGE LANE PE 1341 D. 100 YEAR POST DEVELOPMENT HYDROLOGY CALCULATIONS EASTERN PORTION N:\Hydrology& Hydraulics\1341\1341 HYDRO REPORT.doc -- PE# 1341 9:06 AM 3/12/2007 1341PST2(EAST) RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 2001,1985,1981 HYDROLOGY MANUAL (c) Copyright 1982-2002 Advanced Engineering Software (aes) Ver. 1. 5A Release Date: 0110112002 License ID 1452 Analysis prepared by: Pasco Engineering, Inc. 535 N. HWY 101, Suite A Solana Beach, CA 92075 � ��•��• *�� DESCRIPTION OF STUDY � �•��•�� •� • Post Development Hydrologic Analysis • Rainbow Ridge Lane, Encinitas, CA • PE 1341 FILE NAME: 1341PST2.DAT TIME/DATE OF STUDY: 15:08 10/27/2006 ---------------------------------------------------------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ---------------------------------------------------------------------------- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) = 100.00 6-HOUR DURATION PRECIPITATION (INCHES) = 2.700 SPECIFIED MINIMUM PIPE SIZE(INCH) = 3.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE = 0.95 SAN DIEGO HYDROLOGY MANUAL "C"-VALUES USED FOR RATIONAL METHOD NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED •USER-DEFINED STREET-SECTIONS FOR COUPLED PIPEFLOW AND STREETFLOW MODEL* HALF- CROWN TO STREET-CROSSFALL: CURB GUTTER-GEOMETRIES: MANNING - WIDTH CROSSFALL IN- / OUT-/PARK- HEIGHT WIDTH LIP HIKE FACTOR NO. (FT) (FT) SIDE / SIDE/ WAY (FT) (FT) (FT) (FT) (n) --- ----- --------- ----------------- ------ ----- ------ ----- ------- --- ----- --------- ----------------- ------ ----- ------ ----- ------- 1 30.0 20.0 0.018/0.018/0.020 0.67 2.00 0.0312 0.167 0.0150 GLOBAL STREET FLOW-DEPTH CONSTRAINTS: 1. Relative FIOw-Depth = 0.00 FEET as (Maximum Allowable street Flow Depth) - (Top-of-Curb) 2. (Depth)*(Velocity) Constraint = 6.0 (FT*FT/S) SIZE PIPE WITH A FLOW CAPACITY GREATER THAN OR EQUAL TO THE UPSTREAM TRIBUTARY PIPE FLOW PROCESS FROM NODE 8.30 TO NODE 8.20 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< ---------------------------------------------------------------------------- *USER SPECIFIED(SUBAREA) : - USER-SPECIFIED RUNOFF COEFFICIENT = .3700 S.C.S. CURVE NUMBER (AMC II) = 0 INITIAL SUBAREA FLOW-LENGTH = 100.00 UPSTREAM ELEVATION = 262.00 DOWNSTREAM ELEVATION = 231.00 ELEVATION DIFFERENCE = 31.00 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 4.183 "CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH Page 1 1341PST2(EAST) DEFINITION. EXTRAPOLATION OF NOMOGRAPH USED. TIME OF CONCENTRATION ASSUMED AS 6-MINUTES 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 6.325 SUBAREA RUNOFF(CFS) = 0.56 TOTAL AREA(ACRES) = 0.24 TOTAL RUNOFF(CFS) = 0.56 FLOW PROCESS FROM NODE 8.20 TO NODE 8.10 IS CODE = 52 ---------------------------------------------------------------------------- »»>COMPUTE NATURAL VALLEY CHANNEL FLOW««< »»>TRAVELTIME THRU SUBAREA««< ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- ELEVATION DATA: UPSTREAM(FEET) = 231.00 DOWNSTREAM(FEET) = 184.00 CHANNEL LENGTH THRU SUBAREA(FEET) = 170.00 CHANNEL SLOPE = 0.2765 NOTE: CHANNEL FLOW OF 1. CFS WAS ASSUMED IN VELOCITY ESTIMATION NOTE: CHANNEL SLOPE OF .1 WAS ASSUMED IN VELOCITY ESTIMATION CHANNEL FLOW THRU SUBAREA(CFS) = 0. 56 FLOW VELOCITY(FEET/SEC) = 4.74 (PER LACFCD/RCFC&WCD HYDROLOGY MANUAL) TRAVEL TIME(MIN.) = 0.60 TC(MIN.) = 6.60 LONGEST FLOWPATH FROM NODE 8.30 TO NODE 8.10 = 270.00 FEET. FLOW PROCESS FROM NODE 8.10 TO NODE 8.00 IS CODE = 51 ---------------------------------------------------------------------------- »»>COMPUTE TRAPEZOIDAL CHANNEL FLOW««< »»>TRAVELTIME THRU SUBAREA (EXISTING ELEMENT)««< ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- ELEVATION DATA: UPSTREAM(FEET) = 184.00 DOWNSTREAM(FEET) = 162.00 CHANNEL LENGTH THRU SUBAREA(FEET) = 330.00 CHANNEL SLOPE = 0.0667 CHANNEL BASE(FEET) = 1.00 "Z" FACTOR = 2.000 MANNING'S FACTOR = 0.015 MAXIMUM DEPTH(FEET) = 500.00 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 5.375 USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .3700 S.C.S. CURVE NUMBER (AMC II) = 0 TRAVEL TIME COMPUTED USING ESTIMATED FLOW(CFS) = 0.56 TRAVEL TIME THRU SUBAREA BASED ON VELOCITY(FEET/SEC.) = 4.89 AVERAGE FLOW DEPTH(FEET) = 0.10 TRAVEL TIME(MIN.) = 1.12 TC(MIN.) = 7.72 SUBAREA AREA(ACRES) = 0.00 SUBAREA RUNOFF(CFS) = 0.00 TOTAL AREA(ACRES) = 0.24 PEAK FLOW RATE(CFS) = 0. 56 END OF SUBAREA CHANNEL FLOW HYDRAULICS: DEPTH(FEET) = 0.10 FLOW VELOCITY(FEET/SEC.) = 4.89 LONGEST FLOWPATH FROM NODE 8.30 TO NODE 8.00 = 600.00 FEET. FLOW PROCESS FROM NODE 8.00 TO NODE 8.00 IS CODE = 81 ---------------------------------------------------------------------------- »»>ADDITION OF SUBAREA TO MAINLINE PEAK FLOW««< ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 5.375 USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .3700 S.C.S. CURVE NUMBER (AMC II) = 0 SUBAREA AREA(ACRES) = 2. 57 SUBAREA RUNOFF(CFS) = 5.11 TOTAL AREA(ACRES) = 2.81 TOTAL RUNOFF(CFS) = 5.67 TC(MIN) = 7.72 ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- END OF STUDY SUMMARY: TOTAL AREA(ACRES) = 2.81 TC(MIN.) = 7.72 PEAK FLOW RATE(CFS) = 5.67 ------------------------- Page 2 HYDROLOGY STUDY for RAINBOW RIDGE LANE PE 1341 D. 100 YEAR POST DEVELOPMENT HYDROLOGY CALCULATIONS WESTERN PORTION N:\Hydrology & Hydraulics\1341\1341 HYDRO REPORT.doc PE# 1341 9:06 AM 3/12/2007 13413 RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 2001,1985,1981 HYDROLOGY MANUAL (c) Copyright 1982-2002 Advanced Engineering Software (aes) Ver. 1. 5A Release Date: 01/01/2002 License ID 1452 Analysis prepared by: Pasco Engineering, Inc. 535 N. HWY 101, Suite A Solana Beach, CA 92075 ---------------------------------------------------------------------------- FILE NAME: 13413.DAT TIME/DATE OF STUDY: 11:12 03/09/2007 ---------------------------------------------------------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ---------------------------------------------------------------------------- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) = 100.00 6-HOUR DURATION PRECIPITATION (INCHES) = 2.700 SPECIFIED MINIMUM PIPE SIZE(INCH) = 3.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE = 0.95 SAN DIEGO HYDROLOGY MANUAL "C"-VALUES USED FOR RATIONAL METHOD NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED •USER-DEFINED STREET-SECTIONS FOR COUPLED PIPEFLOW AND STREETFLOW MODEL* HALF- CROWN TO STREET-CROSSFALL: CURB GUTTER-GEOMETRIES: MANNING WIDTH CROSSFALL IN- / OUT-/PARK- HEIGHT WIDTH LIP HIKE FACTOR NO. (FT) (FT) SIDE / SIDE/ WAY (FT) (FT) (FT) (FT) (n) --- ----- --------- ----------------- ------ ----- ------ ----- ------- --- ----- --------- ----------------- ------ ----- ------ ----- ------- 1 30.0 20.0 0.018/0.018/0.020 0.67 2.00 0.0312 0.167 0.0150 GLOBAL STREET FLOW-DEPTH CONSTRAINTS: 1. Relative Flow-Depth = 0.00 FEET as (Maximum Allowable Street Flow Depth) - (Top-of-Curb) 2. (Depth)*(Velocity) Constraint = 6.0 (FT*FT/S) - *SIZE PIPE WITH A FLOW CAPACITY GREATER THAN OR EQUAL TO THE UPSTREAM TRIBUTARY PIPE.* FLOW PROCESS FROM NODE 6.30 TO NODE 6.20 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- *USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .6600 S.C.S. CURVE NUMBER (AMC II) = 0 INITIAL SUBAREA FLOW-LENGTH = 50.00 UPSTREAM ELEVATION = 262.00 DOWNSTREAM ELEVATION = 261.40 ELEVATION DIFFERENCE = 0.60 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 5.270 TIME OF CONCENTRATION ASSUMED AS 6-MINUTES 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 6.325 SUBAREA RUNOFF(CFS) = 0.21 TOTAL AREA(ACRES) = 0.05 TOTAL RUNOFF(CFS) = 0.21 Page 1 13413 FLOW PROCESS FROM NODE 6.20 TO NODE 6.10 IS CODE = 51 ---------------------------------------------------------------------------- »»>COMPUTE TRAPEZOIDAL CHANNEL FLOW««< »»>TRAVELTIME THRU SUBAREA (EXISTING ELEMENT)««< - - - - -------------------------------------------- ELEVATION DATA: UPSTREAM(FEET) = 261.40 DOWNSTREAM(FEET) = 256.80 CHANNEL LENGTH THRU SUBAREA(FEET) = 128.00 CHANNEL SLOPE = 0.0359 CHANNEL BASE(FEET) = 4.00 "Z" FACTOR = 2.000 MANNING'S FACTOR = 0.015 MAXIMUM DEPTH(FEET) = 100.00 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 5.650 USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .6600 S.C.S. CURVE NUMBER (AMC II) = 0 TRAVEL TIME COMPUTED USING ESTIMATED FLOW(CFS) = 0.21 TRAVEL TIME THRU SUBAREA BASED ON VELOCITY(FEET/SEC.) = 1.86 AVERAGE FLOW DEPTH(FEET) = 0.03 TRAVEL TIME(MIN.) = 1.15 TC(MIN.) = 7.15 SUBAREA AREA(ACRES) = 0.00 SUBAREA RUNOFF(CFS) = 0.00 TOTAL AREA(ACRES) = 0.05 PEAK FLOW RATE(CFS) = 0.21 END OF SUBAREA CHANNEL FLOW HYDRAULICS: DEPTH(FEET) = 0.03 FLOW VELOCITY(FEET/SEC.) = 1.86 LONGEST FLOWPATH FROM NODE 6.30 TO NODE 6.10 = 178.00 FEET. FLOW PROCESS FROM NODE 6.10 TO NODE 6.10 IS CODE = 81 ---------------------------------------------------------------------------- »»>ADDITION OF SUBAREA TO MAINLINE PEAK FLOW««< ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 5.650 USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .6600 S.C.S. CURVE NUMBER (AMC II) = 0 SUBAREA AREA(ACRES) = 0.15 SUBAREA RUNOFF(CFS) = 0.56 TOTAL AREA(ACRES) = 0.20 TOTAL RUNOFF(CFS) = 0.77 TC(MIN) = 7.15 FLOW PROCESS FROM NODE 6.10 TO NODE 6.10 IS CODE = 1 ---------------------------------------------------------------------------- »»>DESIGNATE INDEPENDENT STREAM FOR CONFLUENCE««< ---------------------------------------------------------------------------- TOTAL NUMBER OF STREAMS = 2 CONFLUENCE VALUES USED FOR INDEPENDENT STREAM 1 ARE: TIME OF CONCENTRATION(MIN.) = 7.15 RAINFALL INTENSITY(INCH/HR) = 5.65 TOTAL STREAM AREA(ACRES) = 0.20 PEAK FLOW RATE(CFS) AT CONFLUENCE = 0.77 FLOW PROCESS FROM NODE 7.20 TO NODE 7.10 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- =USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .6700 S.C.S. CURVE NUMBER (AMC II) = 0 INITIAL SUBAREA FLOW-LENGTH = 50.00 UPSTREAM ELEVATION = 262.00 DOWNSTREAM ELEVATION = 261. 50 ELEVATION DIFFERENCE = 0. 50 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 5.473 TIME OF CONCENTRATION ASSUMED AS 6-MINUTES Page 2 13413 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 6.325 SUBAREA RUNOFF(CFS) = 0.13 TOTAL AREA(ACRES) = 0.03 TOTAL RUNOFF(CFS) = 0.13 FLOW PROCESS FROM NODE 7.10 TO NODE 6.10 IS CODE = 51 ---------------------------------------------------------------------------- »»>COMPUTE TRAPEZOIDAL CHANNEL FLOW««< »»>TRAVELTIME THRU SUBAREA (EXISTING ELEMENT)««< ---------------------------------------------------------------------------- ELEVATION DATA: UPSTREAM(FEET) = 261.50 DOWNSTREAM(FEET) = 256.80 CHANNEL LENGTH THRU SUBAREA(FEET) = 150.00 CHANNEL SLOPE = 0.0313 CHANNEL BASE(FEET) = 4.00 "Z" FACTOR = 2.000 MANNING'S FACTOR = 0.015 MAXIMUM DEPTH(FEET) = 10.00 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 5.434 USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .6700 S.C.S. CURVE NUMBER (AMC II) = 0 TRAVEL TIME COMPUTED USING ESTIMATED FLOW(CFS) = 0.13 TRAVEL TIME THRU SUBAREA BASED ON VELOCITY(FEET/SEC.) = 1. 57 AVERAGE FLOW DEPTH(FEET) = 0.02 TRAVEL TIME(MIN.) = 1. 59 TC(MIN.) = 7.59 SUBAREA AREA(ACRES) = 0.00 SUBAREA RUNOFF(CFS) = 0.00 TOTAL AREA(ACRES) = 0.03 PEAK FLOW RATE(CFS) = 0.13 END OF SUBAREA CHANNEL FLOW HYDRAULICS: DEPTH(FEET) = 0.02 FLOW VELOCITY(FEET/SEC.) = 1.57 LONGEST FLOWPATH FROM NODE 7.20 TO NODE 6.10 = 200.00 FEET. FLOW PROCESS FROM NODE 7.10 TO NODE 7.10 IS CODE = 81 ---------------------------------------------------------------------------- »»>ADDITION OF SUBAREA TO MAINLINE PEAK FLOW««< ---------------------------------------------------------------------------- 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 5.434 USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .6700 S.C.S. CURVE NUMBER (AMC II) = 0 SUBAREA AREA(ACRES) = 0.18 SUBAREA RUNOFF(CFS) = 0.66 TOTAL AREA(ACRES) = 0.21 TOTAL RUNOFF(CFS) = 0.78 TC(MIN) = 7. 59 FLOW PROCESS FROM NODE 6.10 TO NODE 6.10 IS CODE = 1 ---------------------------------------------------------------------------- »»>DESIGNATE INDEPENDENT STREAM FOR CONFLUENCE««< »»>AND COMPUTE VARIOUS CONFLUENCED STREAM VALUES««< ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- TOTAL NUMBER OF STREAMS = 2 CONFLUENCE VALUES USED FOR INDEPENDENT STREAM 2 ARE: TIME OF CONCENTRATION(MIN.) = 7. 59 RAINFALL INTENSITY(INCH/HR) = 5.43 TOTAL STREAM AREA(ACRES) = 0.21 PEAK FLOW RATE(CFS) AT CONFLUENCE = 0.78 °* CONFLUENCE DATA STREAM RUNOFF TC INTENSITY AREA NUMBER (CFS) (MIN.) (INCH/HOUR) (ACRE) 1 • 0.77 7.15 5.650 0.20 2 0.78 7.59 5.434 0.21 RAINFALL INTENSITY AND TIME OF CONCENTRATION RATIO CONFLUENCE FORMULA USED FOR 2 STREAMS. Page 3 13413 ° PEAK FLOW RATE TABLE STREAM RUNOFF TC INTENSITY NUMBER (CFS) (MIN.) (INCH/HOUR) 1 1. 52 7.15 5.650 2 1. 52 7.59 5.434 COMPUTED CONFLUENCE ESTIMATES ARE AS FOLLOWS: PEAK FLOW RATE(CFS) = 1. 52 TC(MIN.) = 7. 59 TOTAL AREA(ACRES) = 0.41 LONGEST FLOWPATH FROM NODE 7.20 TO NODE 6.10 = 200.00 FEET. FLOW PROCESS FROM NODE 6.10 TO NODE 6.00 IS CODE = 51 ---------------------------------------------------------------------------- »»>COMPUTE TRAPEZOIDAL CHANNEL FLOW««< »»>TRAVELTIME THRU SUBAREA (EXISTING ELEMENT)««< ---------------------------------------------------------------------------- ELEVATION DATA: UPSTREAM(FEET) = 256.80 DOWNSTREAM(FEET) = 240.50 CHANNEL LENGTH THRU SUBAREA(FEET) = 310.00 CHANNEL SLOPE = 0.0526 CHANNEL BASE(FEET) = 4.00 "Z" FACTOR = 2.000 MANNING'S FACTOR = 0.015 MAXIMUM DEPTH(FEET) = 10.00 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 4.932 *USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .6600 S.C.S. CURVE NUMBER (AMC II) = 0 TRAVEL TIME COMPUTED USING ESTIMATED FLOW(CFS) = 1. 52 TRAVEL TIME THRU SUBAREA BASED ON VELOCITY(FEET/SEC.) = 4.20 AVERAGE FLOW DEPTH(FEET) = 0.09 TRAVEL TIME(MIN.) = 1.23 TC(MIN.) = 8.82 SUBAREA AREA(ACRES) = 0.00 SUBAREA RUNOFF(CFS) = 0.00 TOTAL AREA(ACRES) = 0.41 PEAK FLOW RATE(CFS) = 1. 52 END OF SUBAREA CHANNEL FLOW HYDRAULICS: DEPTH(FEET) = 0.09 FLOW VELOCITY(FEET/SEC.) = 4.20 LONGEST FLOWPATH FROM NODE 7.20 TO NODE 6.00 = 510.00 FEET. FLOW PROCESS FROM NODE 6.00 TO NODE 6.00 IS CODE = 81 ---------------------------------------------------------------------------- »»>ADDITION OF SUBAREA TO MAINLINE PEAK FLOW««< ---------------------------------------------------------------------------- 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 4.932 'USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .6600 S.C.S. CURVE NUMBER (AMC II) = 0 SUBAREA AREA(ACRES) = 0.27 SUBAREA RUNOFF(CFS) = 0.88 TOTAL AREA(ACRES) = 0.68 TOTAL RUNOFF(CFS) = 2.40 TC(MIN) = 8.82 FLOW PROCESS FROM NODE 6.00 TO NODE 6.00 IS CODE 1 ---------------------------------------------------------------------------- __ »»>DESIGNATE INDEPENDENT STREAM FOR CONFLUENCE««< ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- TOTAL NUMBER OF STREAMS = 3 CONFLUENCE VALUES USED FOR INDEPENDENT STREAM 1 ARE: TIME OF CONCENTRATION(MIN.) = 8.82 RAINFALL INTENSITY(INCH/HR) = 4.93 TOTAL STREAM AREA(ACRES) = 0.68 PEAK FLOW RATE(CFS) AT CONFLUENCE = 2.40 Page 4 13413 FLOW PROCESS FROM NODE 4.20 TO NODE 4.10 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< ------------------------------------------------------------------- USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = . 5600 S.C.S. CURVE NUMBER (AMC II) = 0 INITIAL SUBAREA FLOW-LENGTH = 25.00 UPSTREAM ELEVATION = 260.50 DOWNSTREAM ELEVATION = 252.50 ELEVATION DIFFERENCE = 8.00 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 1.531 CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION. EXTRAPOLATION OF NOMOGRAPH USED. TIME OF CONCENTRATION ASSUMED AS 6-MINUTES 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 6.325 SUBAREA RUNOFF(CFS) = 0.07 TOTAL AREA(ACRES) = 0.02 TOTAL RUNOFF(CFS) = 0.07 FLOW PROCESS FROM NODE 4.00 TO NODE 4.00 IS CODE = 81 ---------------------------------------------------------------------------- »»>ADDITION OF SUBAREA TO MAINLINE PEAK FLOW««< - ---------------------------------------------------------------- 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 6.325 *USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .5600 S.C.S. CURVE NUMBER (AMC II) = 0 SUBAREA AREA(ACRES) = 0.46 SUBAREA RUNOFF(CFS) = 1.63 TOTAL AREA(ACRES) = 0.48 TOTAL RUNOFF(CFS) = 1.70 TC(MIN) = 6.00 FLOW PROCESS FROM NODE 6.00 TO NODE 6.00 IS CODE = 1 ---------------------------------------------------------------------------- »»>DESIGNATE INDEPENDENT STREAM FOR CONFLUENCE««< -------------------------------------------------------------------- TOTAL NUMBER OF STREAMS = 3 CONFLUENCE VALUES USED FOR INDEPENDENT STREAM 2 ARE: TIME OF CONCENTRATION(MIN.) = 6.00 RAINFALL INTENSITY(INCH/HR) = 6.32 TOTAL STREAM AREA(ACRES) = 0.48 PEAK FLOW RATE(CFS) AT CONFLUENCE = 1.70 FLOW PROCESS FROM NODE 5.20 TO NODE 5.10 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- "USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = . 5700 S.C.S. CURVE NUMBER (AMC II) = 0 INITIAL SUBAREA FLOW-LENGTH = 25.00 UPSTREAM ELEVATION = 261.00 DOWNSTREAM ELEVATION = 250.00 ELEVATION DIFFERENCE = 11.00 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 1.351 *CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION. EXTRAPOLATION OF NOMOGRAPH USED. TIME OF CONCENTRATION ASSUMED AS 6-MINUTES 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 6.325 SUBAREA RUNOFF(CFS) = 0.07 TOTAL AREA(ACRES) = 0.02 TOTAL RUNOFF(CFS) = 0.07 Page 5 13413 FLOW PROCESS FROM NODE 5.00 TO NODE 5.00 IS CODE = 81 ---------------------------------------------------------------------------- »»>ADDITION OF SUBAREA TO MAINLINE PEAK FLOW««< - - - - ----------------------------------- 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 6.325 USER SPECIFIED(SUBAREA) : USER-SPECIFIED RUNOFF COEFFICIENT = .5700 S.C.S. CURVE NUMBER (AMC II) = 0 SUBAREA AREA(ACRES) = 0.44 SUBAREA RUNOFF(CFS) = 1.59 TOTAL AREA(ACRES) = 0.46 TOTAL RUNOFF(CFS) = 1.66 TC(MIN) = 6.00 FLOW PROCESS FROM NODE 6.00 TO NODE 6.00 IS CODE = 1 ---------------------------------------------------------------------------- »»>DESIGNATE INDEPENDENT STREAM FOR CONFLUENCE««< »»>AND COMPUTE VARIOUS CONFLUENCED STREAM VALUES««< ------------------------------------------------------------- TOTAL NUMBER OF STREAMS = 3 CONFLUENCE VALUES USED FOR INDEPENDENT STREAM 3 ARE: TIME OF CONCENTRATION(MIN.) = 6.00 RAINFALL INTENSITY(INCH/HR) = 6.32 TOTAL STREAM AREA(ACRES) = 0.46 PEAK FLOW RATE(CFS) AT CONFLUENCE = 1.66 ** CONFLUENCE DATA ** STREAM RUNOFF TC INTENSITY AREA NUMBER (CFS) (MIN.) (INCH/HOUR) (ACRE) 1 2.40 8.82 4.932 0.68 2 1.70 6.00 6.325 0.48 3 1.66 6.00 6.325 0.46 RAINFALL INTENSITY AND TIME OF CONCENTRATION RATIO CONFLUENCE FORMULA USED FOR 3 STREAMS. °* PEAK FLOW RATE TABLE STREAM RUNOFF TC INTENSITY NUMBER (CFS) (MIN.) (INCH/HOUR) 1 5.23 6.00 6.325 2 5.23 6.00 6.325 3 5.02 8.82 4.932 COMPUTED CONFLUENCE ESTIMATES ARE AS FOLLOWS: PEAK FLOW RATE(CFS) = 5.23 TC(MIN.) = 6.00 TOTAL AREA(ACRES) = 1.62 LONGEST FLOWPATH FROM NODE 7.20 TO NODE 6.00 = 510.00 FEET. ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- END OF STUDY SUMMARY: TOTAL AREA(ACRES) = 1.62 TC(MIN.) = 6.00 PEAK FLOW RATE(CFS) = 5.23 ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- END OF RATIONAL METHOD ANALYSIS Page 6 HYDROLOGY STUDY for RAINBOW RIDGE LANE PE 1341 E. APPENDIX N:\Hydrology& Hydraulics\1341\1341 HYDRO REPORT.doc PE# 1341 9:06 AM 3/12/2007 Rational Method Hydrograph Calculations for Rainbow Ridge, Encinitas, CA Q100= 2.69 cfs Tc= 10 min C= 0.38 #= 36 P100,6= 2.7 in A= 1.15 acres (7.44-P6-D^-.645) (I-D/60) (VI-VO) (d VIA 7) (Q=ciA) (Re-ordered) D I VOL AVOL I (INCR) Q VOL ORDINATE # (MIN) (IN/HR) (IN) (IN) (IN/HR) (CFS) (CF) (CFS) 0 0 0.00 0.00 0.76 4.55 2.69 1614 1 10 4.55 0.76 0.21 1.27 0.55 333 0.07 2 20 2.91 0.97 0.15 0.90 0.39 236 0.07 3 30 2.24 1.12 0.12 0.72 0.32 189 0.07 4 40 1.86 1.24 0.10 0.61 0.27 161 0.08 5 50 1.61 1.34 0.09 0.54 0.24 141 0.08 6 60 1.43 1.43 0.08 0.48 0.21 127 0.08 7 70 1.30 1.51 0.07 0.44 0.19 116 0.09 8 80 1.19 1.59 0.07 0.41 0.18 107 0.09 9 90 1.10 1.65 0.06 0.38 0.17 99 0.09 10 100 1.03 1.72 0.06 0.35 0.15 93 0.09 11 110 0.97 1.78 0.06 0.33 0.15 88 0.10 12 120 0.92 1.83 0.05 0.32 0.14 83 0.10 13 130 0.87 1.88 0.05 0.30 0.13 79 0.11 - 14 140 0.83 1.93 0.05 0.29 0.13 75 0.12 15 150 0.79 1.98 0.05 0.28 0.12 72 0.13 16 160 0.76 2.03 0.04 0.26 0.12 69 0.13 17 170 0.73 2.07 0.04 0.25 0.11 67 0.15 18 180 0.71 2.12 0.04 0.25 0.11 64 0.15 19 190 0.68 2.16 0.04 0.24 0.10 62 0.18 20 200 0.66 2.20 0.04 0.23 0.10 60 0.19 21 210 0.64 2.23 0.04 0.22 0.10 59 0.24 22 220 0.62 2.27 0.04 0.22 0.09 57 0.27 23 230 0.60 2.31 0.04 0.21 0.09 55 0.39 24 240 0.59 2.34 0.03 0.21 0.09 54 0.55 25 250 0.57 2.38 0.03 0.20 0.09 52 2.69 26 260 0.56 2.41 0.03 0.20 0.09 51 0.32 - 27 270 0.54 2.44 0.03 0.19 0.08 50 0.21 28 280 0.53 2.47 0.03 0.19 0.08 49 0.17 29 290 0.52 2.51 0.03 0.18 0.08 48 0.14 30 300 0.51 2.54 0.03 0.18 0.08 47 0.12 31 310 0.50 2.57 0.03 0.17 0.08 46 0.11 32 320 0.49 2.59 0.03 0.17 0.07 45 0.10 33 330 0.48 2.62 0.03 0.17 0.07 44 0.09 34 340 0.47 2.65 0.03 0.16 0.07 43 0.08 35 350 0.46 2.68 0.03 0.16 0.07 42 0.08 36 360 0.45 2.71 0.00 0.00 0.00 0 0.07 SUM= 4161 cubic feet 0.10 acre-feet Check: V= C*A*P6 V= 0.10 acre-feet 1341 Pre-Hydrograph_west 3/12/2007 Rational Method Hydrograph Calculations for Rainbow Ridge, Encinitas, CA OK RM-HYDROGRAPH Project 3.00 2.50 2.00 i <?1.50 i i i i 1.00 l I 0.50 i 0.00 0 50 100 150 200 250 300 350 400 Time (min) 1341 Pre-Hydrograph_west 3/12/2007 Rational Method Hydrograph Calculations for Rainbow Ridge, Encinitas, CA Q100= 5.23 cfs Tc= 10 min C= 0.61 #= 36 P100,6= 2.7 in A= 1.45 acres (7.44-P6-D^-.645) (I'D/60) (VI-VO) (d VIA T) (Q=ciA) (Re-ordered) D I VOL AVOL I (INCR) Q VOL ORDINATE # (MIN) (IN/HR) (IN) (IN) (IN/HR) (CFS) (CF) (CFS) 0 0 0.00 0.00 0.76 4.55 5.23 3138 1 10 4.55 0.76 0.21 1.27 1.12 674 0.14 2 20 2.91 0.97 0.15 0.90 0.80 478 0.15 3 30 2.24 1.12 0.12 0.72 0.64 383 0.15 4 40 1.86 1.24 0.10 0.61 0.54 326 0.15 5 50 1.61 1.34 0.09 0.54 0.48 286 0.16 6 60 1.43 1.43 0.08 0.48 0.43 257 0.16 7 70 1.30 1.51 0.07 0.44 0.39 234 0.17 8 80 1.19 1.59 0.07 0.41 0.36 216 0.18 9 90 1.10 1.65 0.06 0.38 0.33 201 0.19 10 100 1.03 1.72 0.06 0.35 0.31 188 0.19 11 110 0.97 1.78 0.06 0.33 0.30 177 0.20 12 120 0.92 1.83 0.05 0.32 0.28 168 0.21 13 130 0.87 1.88 0.05 0.30 0.27 160 0.23 14 140 0.83 1.93 0.05 0.29 0.25 153 0.23 15 150 0.79 1.98 0.05 0.28 0.24 146 0.25 16 160 0.76 2.03 0.04 0.26 0.23 141 0.27 17 170 0.73 2.07 0.04 0.25 0.23 135 0.30 18 180 0.71 2.12 0.04 0.25 0.22 131 0.31 19 190 0.68 2.16 0.04 0.24 0.21 126 0.36 20 200 0.66 2.20 0.04 0.23 0.20 122 0.39 21 210 0.64 2.23 0.04 0.22 0.20 118 0.48 22 220 0.62 2.27 0.04 0.22 0.19 115 0.54 23 230 0.60 2.31 0.04 0.21 0.19 112 0.80 24 240 0.59 2.34 0.03 0.21 0.18 109 1.12 25 250 0.57 2.38 0.03 0.20 0.18 106 5.23 26 260 0.56 2.41 0.03 0.20 0.17 104 0.64 27 270 0.54 2.44 0.03 0.19 0.17 101 0.43 28 280 0.53 2.47 0.03 0.19 0.16 99 0.33 29 290 0.52 2.51 0.03 0.18 0.16 97 0.28 30 300 0.51 2.54 0.03 0.18 0.16 95 0.24 31 310 0.50 2.57 0.03 0.17 0.15 93 0.22 32 320 0.49 2.59 0.03 0.17 0.15 91 0.20 33 330 0.48 2.62 0.03 0.17 0.15 89 0.18 34 340 0.47 2.65 0.03 0.16 0.15 87 0.17 35 350 0.46 2.68 0.03 0.16 0.14 86 0.16 36 360 0.45 2.71 0.00 0.00 0.00 0 0.15 SUM= 8293 cubic feet 0.19 acre-feet Check: V= C*A*P6 V= 0.20 acre-feet 1341 Post-Hydrograph_west(update) 3/12/2007 Rational Method Hydrograph Calculations for Rainbow Ridge, Encinitas, CA OK RM-HYDROGRAPH Project 6.00 5.00 4.00 w 3.00 Or 2.00 1.00 1111111111, 111111110 0.00 ; + I 0 50 100 150 200 250 300 350 400 Time (min) I 1341 Post-Hydrograph_west(update) 3/12/2007 Detention Volume Analysis -Western Pre-Development V = 1,614 cf -Western Post-Development V = 3,138 cf AV= 3,138 — 1,614 = 1,524 z 1,550 cf Drainage area 4 produces z 33% of total runoff Drainage area 5 produces z 33% of total runoff Drainage area 6 and 7 produces z 34% of total runoff Detention structure sizing: Note: Assume gravel has 50%void spaces. Drainage area 4: 6'xl5'x10'= 900 cf Drainage area 5: Cx15'xl0l= 900 cf Drainage area 6 & 7: 30'x5'x9'= 1,350 cf Total Detention= 3,150 cf Curb Inlet Interception 1415 Rainbow Ridge Lane 369-GR Lt= 0100 0.7( a+y )^1.5 Lt = Length of curb required Q 100 =Discharge for 100 year storm (cfs) a = Depth of depression of curb at inlet (ft) y =Depth of flow in gutter (ft) Solve for Lt: Q 100 = 1.67 cfs a = 0.1Oft y = 0.22 ft (see attached Flowmaster sheet) Lt= 1.67 0.7(0.1+0.22)^1.5 Lt=.13.2 ft -The proposed opening for the project, L' = 16.5' L' > Lt .: OK Rainbow Ridge 369-G Worksheet for Irregular Channel Project Description Project File n:\haested\academic\fmw\1341.fm2 Worksheet Rainbow ridge Depth Flow Element Irregular Channel Method Manning's Formula Solve For Water Elevation Input Data Channel Slope 0.046600 ft/ft Elevation range: -0.50 ft to 0.00 ft. Station (ft) Elevation (ft) Start Station End Station Roughness 0.00 0.00 0.00 10.00 0.015 0.16 -0.50 1.33 -0.38 3.00 -0.35 10.00 -0.21 Discharge 1.67 cfs Results Wtd. Mannings Coefficient 0.015 Water Surface Elevation -0.28 ft Flow Area 0.46 ft2 Wetted Perimeter 6.47 ft Top Width 6.30 ft Height 0.22 ft Critical Depth -0.22 ft Critical Slope 0.007272 ft/ft Velocity 3.65 ft/s Velocity Head 0.21 ft Specific Energy -0.07 ft Froude Number 2.39 Flow is supercritical. 03/08/07 Academic Edition FlowMaster v5.17 10:05:50 AM Haestad Methods, Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-1666 Page 1 of 1 - PASCO ENGINEERING, INC. PE2-' /- . 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Grassy Swale Design for Q85th percentile S Given: Design flow 0.06 cfs Height Residence time(req) 9 minutes Qpeak=Peak Flow rate,cfs ^d 1 I — 1 Trapezoid Channel Design Parameters: SS1 SS2 d 0.25 feet t 6 feet ' W w 4 feet SS1:SS2 1 ft/ft Diagram of Swale Variables Used in Spreadsheet A 1.0625 sq ft Find Qmax of channel: Find Velcoity in channel V=Q/A Q= (1.49/n)'A`R^(2/3)'s^.5 Therefore: n 0.2 V= 0.056471 fps s 0.01 ft/ft(long.Slope) r 0.191011 ft Q= 0.262537 cfs Required Length of Channel: L=vt Therefore: L= 30.49412 Actual Length of grassy swale= 75 ft Required(30.5)<Actual(75)= OK Rainbow Ridge Lane 369-GR Worksheet for Trapezoidal Channel Project Description Project File n:\haested\academic\fmw11341capa.fm2 Worksheet Rainbow Ridge Lane 369-GR Flow Element Trapezoidal Channel Method Manning's Formula Solve For Discharge Input Data Mannings Coefficient 0.030 Channel Slope 0.010000 ft/ft Depth 1.00 ft Left Side Slope 1.000000 H : V Right Side Slope 1.000000 H : V Bottom Width 4.00 ft Results Discharge 20.12 cfs Flow Area 5.00 ftz Wetted Perimeter 6.83 ft Top Width 6.00 ft Critical Depth 0.86 ft Critical Slope 0.017042 ft/ft Velocity 4.02 ft/s Velocity Head 0.25 ft Specific Energy 1.25 ft Froude Number 0.78 Flow is subcritical. 03/08/07 Academic Edition 03:13:15 PM FlowMaster v5.17 Haestad Methods, Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-1666 Page 1 of 1 _ _ _ - - _ _ - _ - _ _ - - - fig ir mk - - -- cd Hi � c xl �rn,= we 03 C) ZZ ZZ C3 Z. b Imperied County • N............ ...........S.S)" .............. .. . ....... ......................... ........... .OE.9 L L ...... 4C.9i L :............ 93. .......... ............ ,911.91 L ........ . 0 70 ,DC.LLL c `� _•O :< _ _- •'�........... 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(APN: 254-181-04) Reference (a): Our Soil Investigation Report dated 13 June 2006. Reference (b): Grading plans by Pasco Engineering, Inc., dated 22 March 2007. Gentlemen: Pursuant to the requirements of the City of Encinitas and in accordance with the third party review memorandum by Geopacifica, Inc. dated February 26, 2007, the following information is submitted. 1 & 2. The loose fill soils and native topsoil occurring across the site shall be removed to a depth where competent, firm, dense native soils exceeding 90% relative compaction are encountered. The bottom of the removal areas shall be verified by our field engineer for compliance with this requirement prior to soil replacement. All structural fill shall be compacted to at least 90% of the maximum dry density at 2% over optimum moisture content as determined in accordance with ASTM Test Procedure D 1557-01. 3. Based on an assumed R-value of 50 for the granular subgrade soils, the structural section for the driveway and improvements to the along Rainbow Ridge Lane shall consist of 3 inches of AC over 8 inches of Class II aggregate base material over 12 inches of processed subgrade soils. The subgrade soils and the aggregate base material shall be moisture conditioned and compacted to exceed 95% relative compaction. The actual structural sections for the driveways and the off-site street improvements shall be determined upon the completion of rough grading. 1 161 1-A SO.MELROSE DRIVE 4285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)9454221 flat-/s Eallinecariful, /iie. Hol 307-3rd 4. All grading shall be performed in accordance with the City of Encinitas Grading Ordinance and the General Earthwork and Grading Specifications attached to this report as Appendix A. 5. Upon review of Reference (b), it appears that the proposed grading and street improvements have been designed to control drainage on site or through the City storm drain system. Therefore, from a soils standpoint, the impact from the grading of this site on adjacent properties is considered minimal. No other recommendations are considered necessary. 6. Due to the changes outside our control as specified in Reference (a), this report should be reviewed and/or updated after 1 year if grading has not commenced or an approved grading plan has not been issued by the City. 7. It is recommended that the Soil Engineer be provided the opportunity for a general review of Reference (b) and the final design building plans and specifications for this project in order that the recommendations of this report may be properly interpreted and implemented in the design. It is also recommended that the Soil Engineer be provided the opportunity to verify the foundation and slab construction in the field prior to placing concrete. The Engineer has prepared this Report for the exclusive use of the client and authorized agents. This Report has been prepared in accordance with generally accepted soil and foundation engineering practices. No other warranties, either expressed or implied, are made as to the professional advice provided under the terms of this agreement, and included in the Report. B & B Engineering Inc. and Associates appreciate this opportunity to be of service. Should you have any questions regarding this project, please do not hesitate to contact us. Sincerely, Stephen B. Peter RCE 38623 Expires 3-31-07 2 161 1-A SO.MELROSE DRIVE 0285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)945-4221 APPENDIX A GENERAL EARTHWORK AND GRADING SPECIFICATIONS I . General Intent These specifications present general procedures and requirements for grading and earthwork as shown on the approved grading plans , including preparation of areas to be filled , placement of fill , installation of subdrains , and excavations. The recommendations contained in the geotechnical report are a part of the earthwork and grading specifications and shall supersede the provisions contained hereinafter in the case of conflict. Evaluations performed by the consultant during the course of grading may result in new recommendations which could supersede these specifications or the recommendations of the geotechnical report. II . Earthwork Observation and Testing Prior to the commencement of grading , a qualified geotechnical consultant ( soils engineer and engineering geologist, and their representatives ) shall be employed for the purpose of observing earthwork procedures and testing the fills for conformance with the recommendations of the geotechnical report and these specifications . It will be necessary that the consultant provide adequate testing and observation so that he may determine that the work was accomplished as specified . It shall be the responsibility of the contractor to assist the consultant and keep him apprised of work schedules and changes so that he may schedule his personnel accordingly . It shall be the sole responsibility of the contractor to provide adequate equipment and methods to accomplish the work in accordance with applicable grading codes or agency ordinances , these specifications and the approved grading plans . If , in the opinion of the consultant, unsatisfactory conditions , such as questionable soil , poor moisture condition , inadequate compaction , adverse weather , etc . , are resulting in a quality of work less than required in these specifications , the consultant will be empowered to reject the work and recommend that construction be stopped until the conditions are rectified . Maximum dry density tests used to determine the degree of compaction will be performed in accordance with the American Society for Testing and Materials test method ASTM D1557-01 , III . Preparation of Areas to be Filled Clearing and Grubbing : All brush , vegetation and debris shall be removed or piled and otherwise disposed of . Processing : The existing ground which is determined to be satisfactory for support of fill shall be scarified to a minimum depth of 6 inches . Existing ground which is not satisfactory shall be overexcavated as specified in the following section . Scarification shall continue until the soils are broken down and free of large clay lumps or clods and until the working surface is reasonably uniform and free of uneven features which would inhibit uniform compaction . Overexcavation : Soft , dry , spongy , highly fractured or otherwise unsuitable ground , extending to such a depth that surface processing cannot adequately improve the condition , shall be overexcavated down to firm ground , approved by the consultant. Moisture Conditioning : Overexcavated and processed soils shall be watered , dried-back , blended , and/or mixed , as required to attain a uniform moisture content near optimum. Recompaction : Overexcavated and processed soils which have been properly mixed and moisture-conditioned shall be recompacted to a minimum relative compaction of 90 percent . Benching : Where fills are to be placed on ground with slopes steeper that 5 : 1 (horizontal to vertical units ) , the ground shall be stepped or benched . The lowest bench shall be a minimum of 15 feet wide , shall be at least 2 feet deep , shall expose firm material , and shall be approved by the consultant. Other benches shall be excavated in firm material for a minimum width of 4 feet. Ground sloping flatter than 5 : 1 shall be benched or otherwise overexcavated when considered necessary by the consultant. Approval : All areas to receive fill , including processed areas, removal areas and toe-of-fill benches shall be approved by the consultant prior to fill placement. IV . Fill Material General : Material to be placed as fill shall be free of organic matter and other deleterious substances , and shall be approved by the consultant. Soils of poor gradation , expansion , or strength characteristics shall be placed in areas designated by the consultant or shall be mixed with other soils to serve as satisfactory fill material . Oversize: Oversize material defined as rock , or other irreducible material with a maximum dimension greater than 12 inches, shall not be buried or placed in fills , unless the location , materials, and disposal methods are specifically approved by the consultant Oversize disposal operations shall be such that nesting of oversize material does not occur, and such that the oversize material is completely surrounded by compacted or densified fill . Oversize material shall not be placed within 10 feet vertically of finish grade or within the range of future utilities or underground construction , unless specifically approved by the consultant. V . Fill Placement and Compaction Fi l l Lifts : Approved fi l l material shall be placed in areas prepared to receive fill in near-horizontal layers not exceeding 6 inches in compacted thickness . The consultant may approve thicker lifts if testing indicates the grading procedures are such that adequate compaction is being achieved with lifts of greater thickness . Each layer shall be spread evenly and shall be thoroughly mixed during spreading to attain uniformity of material and moisture in each layer. Fill Moisture : Fill layers at a moisture content less than optimum shall be watered and mixed , and wet fill layers shall be aerated by scarification or shall be blended with drier material . Moisture-conditioning and mixing of fill layers shall continue until the fill material is at a uniform moisture content at or near optimum. Compaction of Fill : After each layer has been evenly spread , moisture-conditioned , and mixed , it shall be uniformly compacted to not less than 90 percent of maximum dry density . Compaction equipment shall be adequately sized and shall be either specifically designed for soil compaction or of proven reliability , to efficiently achieve the specified degree of compaction . Fill Slopes : Compacting of slopes shall be accomplished , in addition to normal compacting procedures , by backrolling of slopes with sheepsfoot rollers at frequent increments of 2 to 3 feet in fill elevation gain , or by other methods producing satisfactory results . At the completion of grading , the relative compaction of the slope out to the slope face shall be at least 90 percent . Compaction Testing : Field tests to check the fill moisture and degree of compaction will be performed by the consultant. The location and frequency of tests shall be a the consultant' s discretion . In general , the tests will be taken at an interval not exceeding 2 feet in vertical rise and/or 1 , 000 cubic yards of embankment . VI . Subdrain Installation Subdrain systems , if required , shall be installed in approved ground to conform to the approximate alignment and details shown on the plans or herein . The subdrain location or materials shall not be changed or modified without the approval of the consultant. The consultant, however , may recommend and upon approval , direct changes in subdrain line , grade or material . All subdrains should br surveyed for line and grade after installation and sufficient time shall be allowed for the surveys , prior to commencement of filling over the subdrains . VII . Excavation Excavations and cut slopes will be examined during grading . If directed by the consultant, further excavation or overexcavation and refilling of cut areas shall be performed , and/or remedial grading of cut slopes shall be performed . Where fill-over-cut slopes are to be graded , unless otherwise approved , the cut portion of the slope shall be made and approved by the consultant prior to placement of materials for construction of the fill portion of the slope. BENCHING . DETAILS -------------- OMPACTED--r:..--=--- FILL SLOPE ,FILL=_ – ----- ------ --- PROJECTED PLANE ---------- I to I n-.Gxinwm Isom toe of slope to approved ground -- – ------ W��;REMOVE 4'Typical UNSUITABLE MATERIAL NATURAL GROUND BENCH BENCH HEIGHT 719 VIR. . . ..... ---- 2* MIN IS,MIN. KEY OWEST BENCH DEPTH (KEY) COMPACTED--------- F I L L FILL—OVER—CUT SLOPE – 41 Typical ----- --- --- REMOVE. NATURAL UNSUITABLE GROUND BENCH MATERIAL HEIGHT .2%M114.' 19'MIN. �LOWEST BENCH CUT FACE To be constructed prior to fill placement CUT FACE To Be Constructed Prior to Fill Placement CUT—OVER—FILL SLOPE NATURAL GROUND OVERBUILD & TRIM BACK REMOVE U11SUITABLE ---- – -- MATERIAL FINISH SURFACE 7. PROJECT PLANE I to I maximum from toe of slope to t --- -- 41 TYPICAL approved = M., ground –—------- -ULM ----I BENCH HEIGHT •2% Him., 15- MIN KEY LOVEST BENCH DEPTH (KEY) NOTES: LOWEST BENCH : Depth and width subject to field change based on consultant's inspection. SUBDRAINAGE:. Back drains may be required at the discretion of the geotechnical consultant. CUT- FILL LOT NATURAL GROUND i 5' MIN. __ ___ –------- - PL—_ — 30" MIN. COMPACTED =FILL --SV�-(P OVEREXCAVATE AND RECOMPACT UNWEATHERED BEDROCK OR �I MATERIAL APPROVED BY THE GEOTECHNICAL CONSULTANT C UT LOT NATURAL GROUND r 1� –~� UNSUITABLE 5' MATERIAL ' MIN'. ----- -COMPACTED —LL OVEREXCAVATE AND RECOMPACT UNWEATHERED BEDROCK OR MATERIAL APPROVED BY J� THE GEOTECHNICAL CONSULTANT NOTE: Deeper overexcavation and recompaction sholl be performed if determined to be necessary by the geotechnical consultant. -' /S�t<i�III�JIIl ecri�l�J, /l1 L: CIVII.,GEOTEC wGcAL,do QUALM ENGINEERING -R0LWDk714N i '-F AND-SURVEYING*SOILTWMG JAN 2 2 2008 CLIENT: HOLLAND PROJECT: HOL 306-INV DATE: 13 TUNE 2006 RAINBOW RIDGE ESTATES 225 Plaza, Suite 101 Solana Beach, CA. 92075 Attention: Mr. Lawrence Holland Subject: Soil Investigation for the Proposed Four Lot Residential Subdivision located at 1415 Rainbow Ridge Lane, Encinitas, CA. (APN: 254-181-04) Gentlemen: Pursuant to your request, we have completed our site inspection, soil sampling, and our laboratory testing for the subject parcel. On June 2, 2006, a representative from our firm visited the site in order to obtain soil samples and to evaluate the general surface soil conditions relative to the proposed construction. Based on our visual inspections and observations in the field, and our laboratory test results, the following conclusions were derived. It is our opinion that the subject lot may support the proposed residential structure. However, the conclusions and recommendations found in the latter part of this report shall be incorporated in the design plans and specifications. SITE CONDITIONS The subject site is located on the easterly side of Rainbow Ridge Lane in Encinitas. The property is bounded on the north and south by single family residences, on the east by Saxony Road, on the west by Rainbow Ridge Lane. The site topography consists of a gently sloping lot on the west half falling from the east to west at approximately 3% and the east portion of the lot falling at+/- 30% to the east down to Saxony Road. At the time of this investigation, the lot had a few trees with low lying grasses and native vegetation and there were 2 existing structures that are to be removed during the rough grading operation. FIELD AND LABORATORY TESTING On 2 June 2006, a field investigation was performed at the subject site. This investigation consisted of the excavation of 4 test pits dug with a backhoe. 1 1611-A SO.NMUOSE DRIVE#285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)945-4221 BiAi/iipccrinI/, /riC. Ho13 06-inv Location of these test holes are shown on the Plot Plan, Enclosure (1) and the detailed Logs of the Test Pits are presented on Enclosures (2) and (3). As the test pits were advanced, the soils were visually classified by our Field Engineer. Undisturbed and bulk samples, as well as in-place density tests, were obtained at various depths representative of the different soils horizons. All samples were returned to our laboratory for detailed testing. Results of the in-place compaction tests, the Maximum Dry Density Test values for the various soils sampled and the Expansion Potential Test results are presented on Enclosure (4). These materials were also tested for Shearing Strength, Enclosure (5) and Sulfate content, Enclosure (6). Shear tests were made with a direct shear machine of the strain control type in which the rate of strain is 0.05 inches per minute. The machine is so designed that tests may be performed ensuring a minimum of disturbance from the field conditions. Saturated, remolded specimens were subjected to shear under various normal loads. Expansion tests were performed on typical specimens of natural soils. These tests were performed in accordance with the procedures outlined in the Book of ASTM Standards. SOIL CONDITIONS As indicated by our Test Pit Logs, Enclosures (2) and (3), the westerly portion of the lot is underlain with approximately 2 feet of artificial fill and topsoil material consisting of dry-damp, loose to dense, tan-brown porous clayey sand with some roots. Underlying the fill-topsoil materials are Terrace Deposit soils to a depth of approximately 5 to 6 feet. Below the terrace deposits are the Formational materials consisting of damp, dense to very dense silty sands. Test pit #1 encountered a lens of highly expansive clayey soil at a depth from 2 to 6 feet below the surface. During the rough grading operation, this material shall be mixed with a low expansive soil type and placed in a fill area to a depth of 5 feet below the design grade. Test pit #3 showed approximately 8 feet of terrace deposits underlain with the Formational material. The terrace deposits in this area are fractured/friable silty sand with clay and shall be removed to a depth that exposes firm native formational soils. Test pit #4 exposed formational soils from the surface to semi-refusal at a depth of 4 feet. GRADING All grading shall be performed in accordance with the applicable recommended grading specifications contained in this report and the City of 2 1611-A SO.MELROSE DRIVE#285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)945-4221 xol3o6-inv Encinitas Grading Ordinance. On the basis of our investigation, development of the site as proposed is considered feasible from a soils engineering standpoint provided that the recommendations stated herein are incorporated in the design of foundation systems and are implemented in the field. Site preparation should begin with the removal the existing structures, all trash, debris, and other deleterious matter. These materials, as well as vegetative matter, are not suitable for use in structural fills and should be exported from the site. Any subsurface structures such as cesspools, wells, or abandoned pipelines, which are uncovered during the grading operation, shall be removed or backfilled in accordance with the requirements of the City of Encinitas. All on-site earth materials are considered suitable for the support of the proposed structures. However, prior to construction, the upper 5 feet of loose surface soils occurring at the site shall be removed to a depth where firm, dense native soils are encountered. The limits of over-excavation and recompaction shall extend a minimum of 5 feet outside the proposed upper perimeter building foundations. The depth of removal is anticipated to be approximately 5 feet below the existing surface. This can be accomplished during the rough grading operation by over-excavating the upper 5 feet of the surface soils, ripping the exposed bottom surface to a minimum depth of 12 inches, and recompacting the soil to the design grade. All structural fill shall be compacted to at least 90% of the maximum dry density at near optimum moisture content as determined in accordance with ASTM Test Procedure D 1557-91 or equivalent. Foundation dimensions shall be determined upon the completion of rough grading and verified in writing by our field representative prior to placing concrete. Site drainage should be dispersed by non-erodible devices in a manner to preclude concentrated runoff over graded and natural areas in accordance with the City of Encinitas requirements. In general, the existing native terrace deposit sandy soils encountered in test pit #2 at 3 feet are considered to have a very low expansion potential according to our Expansion Index test results (EI= 1) and Table 18-I-B of the California Building Code. Additional foundation and slab requirements are not considered necessary in regard to soil expansion, however, the finish grade soils shall be evaluated for expansion potential upon completion of rough grading. It is 3 1611-A SO.N ELROSE DRIVE 9285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)945-4221 /S.0-/ff FIJI/irJccrii1i/, /iAIC. Ho1306-inv anticipated that the building footings may experience less than 1 inch settlement with less than 1/2 inch differential settlements between adjacent footings of similar sizes and loads. GEOLOGIC HAZARDS According to published information, there are no known active or potentially active faults on or in the immediate vicinity of the subject site. Therefore, the potential for ground rupture at this site is considered low. There are, however, several faults located within a close proximity to this site that the movement associated with them could cause significant ground motion. The following table presents the distance of major faults from the site, the assumed maximum credible earthquake magnitudes and estimated peak accelerations anticipated at the site. The probability of such an earthquake occurring during the lifetime of this project is considered low. The severity of ground motion is not anticipated to be any greater at this site than in other areas of San Diego County. SEISMICITY OF MAJOR FAULTS MAXIMUM MOMENT SLIP RATE FAULT/TYPE DISTANCE MAGNITUDE(RICHTER) mm/year Rose Canyon (B) > 5 km < 10 km 6.9 1.5 Elsinore-Julian Seg(A) 28 mi. 7.1 5 San Jacinto-Borrego Seg(B) 51 mi. 6.6 4 San Andreas-South-Seg(A) 75 mi. 7.4 24 The following information is presented relative to the subject site and Seismic Zone 4 per the California Building Code, C.B.C.: (z) Seismic zone factor = 0.4 Table 16 A-I (Na) Near-source factor= 1.0 Table 16 A-S (B) Seismic source type = B Table 16 A-U (Sd) Soil profile type = Sd Table 16 A-J (Ca) Seismic coefficient = 0.44 Na Table 16 A-Q (Cv) Seismic coefficient = 0.64 Nv Table 16 A-R (Nv) Near source factor= 1.0 Table 16 A-T LIQUEFACTION POTENTIAL Liquefaction analysis of the soils underlying the site was based on the consideration of various factors which include the water level, soil type gradation, relative density, intensity of ground shaking and duration of shaking. 4 161 I-A SO.N ELROSE DRIVE#285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)945-4221 /ire• Ho1306-inv Liquefaction potential has been found to be the greatest where the ground water level is shallow and loose fine sands occur within a depth of 50 feet or less. These conditions are not present within the site area and, therefore, the potential for generalized liquefaction in the event of a strong to moderate earthquake on nearby faults is considered to be low. FOUNDATIONS For foundation design purposes, the following earth pressures were calculated based on our Shear Test Results (Enclosure 5) from test pit#2 at a depth of 3 feet below the existing surface and based on a foundation depth and width of 12 inches: Building Foundation Design Parameters: Allowable Bearing Value = 1350 psf (Maximum of 2500 psf) Equivalent Fluid Pressure = 40 pcf Passive Lateral Resistance = 340 pcf At-Rest Pressure = 60 pcf Coefficient of Friction = 0.35 Expansion Index = 1 (Very Low) These values are for dead plus live loads and may be increased by one-third (1/3) for seismic and wind loads where allowed by code. These design bearing values are in accordance with the California Building Code. The surface soil was tested for sulfate content by Clarkson Laboratory and Supply, Inc., on May 5, 2006. The results of this test indicated that the water soluble sulfate content of the soil was found to contain 0.001% to 0.046% per California Test 417 (see Enclosure 6). Due to this negligible test result, additional recommendations are not considered necessary for soil corrosion. Type II cement shall be utilized for all concrete placed at the site. RETAINING WALLS An equivalent fluid pressure of 35 pcf may be used for design of retaining walls with level backfill and 55 pcf for 2H:1V sloping backfill. These figures are based on a drained condition and use of granular backfill having a sand equivalent of 30 or greater. If the native soils are used as backfill, the equivalent fluid pressure of 40 pcf(level) and 60 pcf(2H:1 V slope) for active conditions and 60 pcf(level) and 70 pcf(2H:1 V sloping) for at-rest conditions can be used. 5 1611-A SO.MELROSE DRIVE#285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)9454221 /l.�-/j Bi�i/ii�ccri��i/, I�i�• Ho1306-inv For the design of a unrestrained retaining wall, such as a cantilever wall, the active earth pressure may be used. For a restrained retaining wall, such as a basement wall or restrained wall corners that are not free to rotate (and cannot undergo the movement required to develop the active conditions), the at-rest pressure should be used. This must be determined by the design civil/structural engineer. The retaining wall should be provided with a subdrain system. Option 1 (granular backfill), a "burrito" type subdrain system consisting of a 4-inch diameter perforated pipe, PVC, Schedule 40, ABS SDR35, or equivalent, placed perforations down, surrounded with one cubic foot per foot of 3/4-inch sized crushed rock which is entirely wrapped with a filter fabric, Mirafi 140NC, or equivalent can be used. The wrapped filter fabric should be overlapped a minimum of 12-inches on top. Option 2 (native earth material backfill), a "chimney" type subdrain should be installed. The "chimney" type subdrain is similar to the "burrito' type subdrain, with the addition that the crushed rock portion (about 12-inches wide at the bottom) is to be extended up to about 1 to 2 feet below the top of the retaining wall against the back of the wall stem. An Equivalent backdrain system such as AQUADRAIN 10 Subsurface Drainage Composite and AQUADRAIN 100BD High-Flow, Based Drainage Composite or Miradrain 6000 or 6200, or equivalent, can also be used as an alternative. Proper outletting must be provided for the subdrain. The installed subdrain must be inspected and approved by the City inspector and/or the geotechnical consultant prior to backfilling behind the retaining wall. Unless a proper subdrain system is provided, a higher equivalent fluid pressure (to include potential water pressure) must be used for design. BUILDING FOUNDATIONS Building Foundations shall be sized and constructed in accordance with the recommendations found in the latter part of this Report. For foundation design purposes, an allowable bearing strength of 1350 psf may be assumed for all continuous or spread footings founded in dense native soils compacted to 90% relative compaction per ASTM D 1557-91 It is recommended that the continuous perimeter foundations and concrete slabs for a light weight, wood framed, stucco type structure founded on the native 6 161 1-A SO.MELROSE DRIVE#285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)945-4221 Xne. xo13o6-inv soils shall be constructed and reinforced in accordance with the following minimum design criteria: a. The continuous perimeter foundations shall extend a minimum depth of 18 inches and a minimum width of 15 inches into the compacted fill soils for a two story structure and a minimum depth of 18 inches and a minimum width of 15 inches for a single story. The continuous foundations shall be reinforced with at least four No. 4 steel bars, two bars shall be placed 3 inches from the top of the foundation and the other bars shall be placed 3 inches from the bottom. As an alternative to the 4 steel bars, the contractor may substitute two No. 5 steel bars, one top and one bottom. b. Footings which span from native cut material to compacted fill soils, where applicable for a transition lot, shall be reinforced with a minimum of one additional No. 5 steel bar top and bottom to control potential differential movement extending 10 feet on either side of the daylight line. No. 3 rebar ties at 12 inches on center shall be used for the construction of this grade beam to help control potential differential movement. c. Footings placed on or adjacent to fill slopes shall have a minimum horizontal distance of 10 feet from the bottom edge of the footings to the face of the slope. d. All concrete slabs shall be a minimum of full 4-inches in thickness, and reinforced with a minimum of No. 3 steel rebars at 18-inches on center both ways and placed in the center of the slab. The steel bars shall be wire tied to the perimeter foundation steel and bent downward into the foundations at 18-inches on center to a depth of 3-inches from the bottom. In order to minimize vapor transmission, an impermeable membrane (ie: 10 mil visqueen) shall be placed over 2-inches of sand, gravel or crushed rock. The membrane shall be covered with 2 inches of sand to protect it during construction and the sand should be lightly moistened just prior to placing concrete. All concrete used on this project shall have a minimum compressive strength of 2500 psi unless otherwise increased on the Building Plan. e. Interior concrete slabs shall be provided with saw-cut joints spaced at a maximum of 10 feet on center each way within 24 hours after the pour and the saw-cuts shall be 1/4 of the slab thickness. It is imperative that the drainage system around the proposed structure shall be designed and implemented to 7 1611-A SO.MELROSE DRIVE 0285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)945-4221 /�.�-lj Biii/i��ecriiii�, /1��• Ho1306-inv provide positive drainage away from all buildings in order to preclude moisture intrusion into the subgrade soils beneath the building foundations and slabs. f. Exterior slabs for hardscape, pool decks, walkways, patios, etc. shall be a minimum of 4 inches in thickness and reinforced with a minimum of 6"x 6" No. 10 welded wire mesh. The reinforcing steel shall be placed in the upper 1/3 of the slab and held in place with concrete chairs. If imported soil materials are used during grading to bring the building pad to the design elevations, or if variations of soils or building locations are encountered, foundation and slab designs shall be reevaluated by our firm upon the completion of the rough grading operation. LIMITATIONS AND UNIFORMITY OF CONDITIONS The analysis and recommendations submitted in this Report are based in part upon the data obtained from the test pit excavations performed on the site and our experience and judgement. The nature and extent of variations between the test pits may not become evident until construction. If variations then appear evident, it will be necessary to re-evaluate the recommendations of this Report. Findings of the Report are valid as of this date; however, changes in conditions of a property can occur with passage of time whether they be due to natural process or works of man on this or adjacent properties. In addition, changes in applicable or appropriate standards occur whether they result from legislation or broadening of knowledge. Accordingly, findings of this Report may be invalidated wholly or partially by changes outside our control. Therefore, this Report is subject to review and should not be relied upon after a period of one year. In the event that any changes in the nature, design, or location of buildings are planned, the conclusions and recommendations contained in this Report shall not be considered valid unless the changes are reviewed and the conclusions of this Report are modified or verified in writing. This Report is issued with the understanding that it is the responsibility of the owner or of his representative to ensure that the information and the recommendations contained herein are called to the attention of the project Architect and Engineer and are incorporated into the plans. Further, the necessary steps shall be taken to ensure that the contractor and subcontractors carry out such recommendations in the field. 8 161 1-A SO.MELROSE DRIVE#285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)9454221 Hol 3O6-inv It is recommended that the Soil Engineer be provided the opportunity for a general review of the final design plans and specifications for this project in order that the recommendations of this report may be properly interpreted and implemented in the design. It is also recommended that the Soil Engineer be provided the opportunity to verify the foundation and slab construction in the field prior to placing concrete. (If the Soil Engineer is not accorded the privilege of making these reviews, he can assume no responsibility for misinterpretation of his recommendations). The Engineer has prepared this Report for the exclusive use of the client and authorized agents. This Report has been prepared in accordance with generally accepted soil and foundation engineering practices. No other warranties, either expressed or implied, are made as to the professional advice provided under the terms of this agreement, and included in the Report. B & B Engineering Inc. and Associates appreciate this opportunity to be of service. Should you have any questions regarding this project, please do not hesitate to contact us. Sincerely, Stephen B. Peter RCE 38623 Expires 3-31-07 9 161 1-A SO.MELROSE DRIVE#285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)945-4221 I � ,c:; io ScAL� \ + - - -- -- ---- cir — w (( TP- •I �' - � I ' 1 '' I {- - -,------ --- ------ ------ ----------- - ---- - - _ ` ® TP-4 APPROXIMATE LOCATION OF FIELD EXPLORATORY TEST PIT PL 0T PLAN OWNER: ki),�5E 657,47-6--S LOCATION: /S Q�/�t/�Orc1 j�/%5E U�JE �� 1%�/!I�//��rir�l�� //IL• CIVIL,GEOTECHNICAL,6 OUALITY ENGINEERS E�C/CJ /TR S C/..}. _ •STRUCTURAL ENGINEERING•LAND SURVEYING A•P•N• • V '� •PERCOLATION 6 SOIL TESTING -CONSTRUCTION MANAGEMENT d INSPECTION PROJECT: A04 '%Ob-/'JVDATE: 6 �or✓6 Cia4lineerin4p, Inc LOG OF TEST PITS EXCAVATED:-5-Z-dYo BACKHOE CASE SPo-M CLIENT: ODLLANO PROJECT: NOI, 3%-I+uV PIT DIMENSIONS IN FEET W 3' L 16' D '-7 ' DATE: Jun)Z Z;Cr,, SURFACE ELEVATION IN FEET DATUM MEAN SEA LEVEL TP- I Orz z N uj GEOLOGICAL < u LL. m a CLASSIFICATION Z (L 2 � ENGINEERING CLASSIFICATION AND TEST DATA: DESCRIPTION w Z o U. ai C/) DESCRIPTION M-D-0(RC) ARfG Etc L I tq L-Jr-LU-1 - _74R nd4ojQ U C4 -YeY 54W z 1po OW615 AMTS S6 Z5 T _.T ,�96:lf SN-&A&KN S41AIf C6Rc1_ 5 A?aS T_cLf�yEy .5k/I V. 9 CihHT Tom/ S/Gi�,v9 10 D 6A) oh 6F re-sr P✓r(_9' A46 N/ATEQ- /lo C4 15 PIT DIMENSION IN FEET W 3 ' L 16' D 8' TP-2 SURFACE ELEVATION IN FEET 411T/f/G/A� GC. T4,t/ -IJAO AY CQWC'y 441W 2 oRGRNic S , unSE 5 SAnI�-- e 10 7-1j?Al. 7e57-P 1 7-@8� 15 _ C...I......�.. /7 1 B>t>t4linccrin4l, hic LOG OF TEST PITS EXCAVATED: BACKHOE CLIENT: h'04(-4NO PROJECT: 1104 PIT DIMENSIONS IN FEET W ,3' L 13 D 9 ' DATE: ✓om5 2:5o& SURFACE ELEVATION IN FEET DATUM MEAN SEA LEVEL TP- 3 o z N uj GEOLOGICAL w O CLASSIFICATION Z h ENGINEERING CLASSIFICATION AND TEST DATA: DESCRIPTION w z a LL cn DESCRIPTION M-D-O RC z� GS 116 PAJ6- EO/C1M SAC �L�oS/TS SAivo w Z04,4ly f ,4cTU4fO f2/A/jCE� i�A-Me�_Of,,,vSE 5 6 �,�y-�,QD,K/N S/�TSToNt 8 F/1ACTv�� F�/�CE� lJF-�5tr 196z" TEST OiT 9' D W jF 0 CA✓/ 15 1 L PIT DIMENSION IN FEET W 3 L /Z� D TP-4 SURFACE ELEVATION IN FEET fQ,eA/W 7701V44- [/6N i T�4N Sf}�v0 STAB 14 P ilg 3 .', 612EY .SftiyOSrOti� 5 Is, oAMV vEQy &+V e 1° f�OTLOM a r g --- 15 (3)_ __ Client: C*/A11901 1 Project: I-Jo6 .4W -1,U1 Date: J01vE zooms Test Test Test Dry Density,pd Moisture,% Relative Retest No. Date Test Location E1/Depth Soil Type Field Maximum Field Opt. Compaction No. /z10 92 Z T P-1 G ' '5 //4,s ay'o $,2 /Z,Z' 9� 3 p-z 9 ' o /%,o 123,S 104 /i,5' 96 1 " 4 109,9 /00"o 1179 12,0 9? 1%5' SS //Z,S /ZZ"o /S,Z /Z,1, 9Z i P-3 7' E /09,g /06"S 21•-7 g Tp-4 115,0 /Z'0 /3,S 9S OPTirr/U�'I Ni'4aS/�vm 7YP4 ESc2/ T/0ti1 MO/STU�C Ort�O,ivS/ le, o[/ ,E F-t-q S/L,TLJ .-50Av0 GJ CG TP-3 C �'_G' ./9,5 -C�/U r TAN S4WO5 oNE TP-4 @ 2'-3' 13,5 COMPACTION CURVE DATA OPTIMUM MAXIMUM DRY DENSITY SOIL TYPE AND DESCRIPTION MOISTURE 41 G2E`1/SN - I-51<0wA) SAN0 C L 7 P- I 2 3' /2,0 '/20.0 46- le"r Z- .5aA-1 7 P-I Z C.' /21Z /22"o C, Z-W Sit-? SF},v9 T P- 1 @ 8 ' 1 12APb4 GQ6 -5WW1U CZ-Ay5t1 54"0 TP-Z Q 5' 1 EXPANSION POTENTIAL 60w 1 to 20=Very Low 21-50=Low 51-90= Moderate 91-130= High 131+= Critical EXPANSION AND COMPACTION TEST DATA ENCLOSURE(4) 2000 LL a 1600 v C'> Z W w 1200 N Z a 800 W Ln 400 0 0 400 800 p 120.0 1600 2000 NORMAL LOAD (PSF) SOIL TYPE H c BORING NO. DEPTH MOISTURE COHESION ANGLE OF E (BN) (f t) o FRICTION ( ° ) (✓o) (PSF) S►L,TLf SAND X Tp- Z Adhvilgillocrilly,inc.. CIVIL,GEOTECHNIC.IL.1 QUALITY ENGINEERS •STRUCTURAL ENGINEERING•LAND SURVEYING :. •PERCOLATION A SOIL TESTING •CONSTRUCTION MANAGEMENT 1 INSPECTION AO&Z-4 140 SHEARING STRENGTH TEST L A B O R A T O R Y R E P O R T Telephone (619) 425-1993 Fax 425-7917 Established 1928 C L A R K S ON L A B O R A T O R Y A N D S U P P L Y I N C. 350 TrLuYdali CrA Chula DstC,OCN. S9U9LOTwIwNcGarCsHnE M•IoS T S A N A Date: May 5, 2006 Purchase Order Number: HOL306INV Sales Order Number: 83849 Account Number: B&B To: *---------------�--------------------------------* B & B Engineering 1611-A SO. Melrose Drive #285 Vista, CA 92081 Attention: Dennis P. Beard Laboratory Number: S01159 Customers Phone: 760-945-4221 Sample Designation: ---------* *--------- --------------------------- Four soil samples received on 5/4/06 taken from HOL306INV marked as follows: ANALYSIS: Water Soluble Sulfate California Test 417 Sample SO4%--- TP-1 @2-3' 0.046 TP-2 @3 ' <0 .001 TP-3 @1-6' <0 .001 TP-4 @3 ' <0.001 Je Wliannon JS Ann. CIVIL,GEOTECHNICAL,&QUALITY ENGINEERING FOUNDATION DESIGN'LAND SURVEYING'SOIL TESTING -� L _------------- l CLIENT: HOLLAND PROJECT: HOL 307-3RD JAI 22 2008 -� DATE: 22 MARCH 2007 CITY OF ENCINITAS 505 S. Vulcan Ave. ' Encinitas, CA. 92024 Attention: Mr. James Knowlton, Consultant Subject: Response to Third Party Review for the Proposed Residential Construction for the Lots located at 1415 Rainbow Ridge Lane, Encinitas, CA. (APN: 254-181-04) Reference (a): Our Soil Investigation Report dated 13 June 2006. Reference (b): Grading plans by Pasco Engineering, Inc., dated 22 March 2007. Gentlemen: Pursuant to the requirements of the City of Encinitas and in accordance with the third party review memorandum by Geopacifica, Inc. dated February 26, 2007, the following information is submitted. 1 & 2. The loose fill soils and native topsoil occurring across the site shall be removed to a depth where competent, firm, dense native soils exceeding 90% relative compaction are encountered. The bottom of the removal areas shall be verified by our field engineer for compliance with this requirement prior to soil replacement. All structural fill shall be compacted to at least 90% of the maximum dry density at 2% over optimum moisture content as determined in accordance with ASTM Test Procedure D 1557-01. 3. Based on an assumed R-value of 50 for the granular subgrade soils, the structural section for the driveway and improvements to the along Rainbow Ridge Lane shall consist of 3 inches of AC over 8 inches of Class II aggregate base material over 12 inches of processed subgrade soils. The subgrade soils and the aggregate base material shall be moisture conditioned and compacted to exceed 95% relative compaction. The actual structural sections for the driveways and the off-site street improvements shall be determined upon the completion of rough grading. 1 161 1-A SO.MELROSE DRIVE#285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)9454221 Ho1307-3rd 4. All grading shall be performed in accordance with the City of Encinitas Grading Ordinance and the General Earthwork and Grading Specifications attached to this report as Appendix A. 5. Upon review of Reference (b), it appears that the proposed grading and street improvements have been designed to control drainage on site or through the City storm drain system. Therefore, from a soils standpoint, the impact from the grading of this site on adjacent properties is considered minimal. No other recommendations are considered necessary. 6. Due to the changes outside our control as specified in Reference (a), this report should be reviewed and/or updated after 1 year if grading has not commenced or an approved grading plan has not been issued by the City. 7. It is recommended that the Soil Engineer be provided the opportunity for a general review of Reference (b) and the final design building plans and specifications for this project in order that the recommendations of this report may be properly interpreted and implemented in the design. It is also recommended that the Soil Engineer be provided the opportunity to verify the foundation and slab construction in the field prior to placing concrete. The Engineer has prepared this Report for the exclusive use of the client and authorized agents. This Report has been prepared in accordance with generally accepted soil and foundation engineering practices. No other warranties, either expressed or implied, are made as to the professional advice provided under the terms of this agreement, and included in the Report. B & B Engineering Inc. and Associates appreciate this opportunity to be of service. Should you have any questions regarding this project, please do not hesitate to contact us. Sincerely, I 9y r ti Stephen B. Peter RCE 38623 Expires 3-31-07 2 1611-A SO.MELROSE DRIVE#285.VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)945-4221 APPENDIX A GENERAL EARTHWORK AND GRADING SPECIFICATIONS I . General Intent These specifications present general procedures and requirements for grading and earthwork as shown on the approved grading plans , including preparation of areas to be filled, placement of fill , installation of subdrains , and excavations . The recommendations contained in the geotechnical report are a part of the earthwork and grading specifications and shall supersede the provisions contained hereinafter in the case of conflict. Evaluations performed by the consultant during the course of grading may result in new recommendations which could supersede these specifications or the recommendations of the geotechnical report. II . Earthwork Observation and Testing Prior to the commencement of grading , a qualified geotechnical consultant ( soils engineer and engineering geologist, and their representatives ) shall be employed for the purpose of observing earthwork procedures and testing the fills for conformance with the recommendations of the geotechnical report and these specifications . It will be necessary that the consultant provide adequate testing and observation so that he may determine that the work was accomplished as specified . It shall be the responsibility of the contractor to assist the consultant and keep him apprised of work schedules and changes so that he may schedule his personnel accordingly . It shall be the sole responsibility of the contractor to provide adequate equipment and methods to accomplish the work in accordance with applicable grading codes or agency ordinances , these specifications and the approved grading plans . If , in the opinion of the consultant, unsatisfactory conditions , such as questionable soil , poor moisture condition , inadequate compaction , adverse weather , etc . , are resulting in a quality of work less than required in these specifications , the consultant will be empowered to reject the work and recommend that construction be stopped until the conditions are rectified . Maximum dry density tests used to determine the degree of compaction will be performed in accordance with the American Society for Testing and Materials test method ASTM D1557-01 , III . Preparation of Areas to be Filled Clearing and Grubbing: All brush , vegetation and debris shall be removed or piled and otherwise disposed of . Processing : The existing ground which is determined to be satisfactory for support of fill shall be scarified to a minimum depth of 6 inches. Existing ground which is not satisfactory shall be overexcavated as specified in the following section . Scarification shall continue until the soils are broken down and free of large clay 1 umps or clods and until the working surface is reasonably uniform and free of uneven features which would inhibit uniform compaction . Overexcavation : Soft, dry , spongy , highly fractured or otherwise unsuitable ground , extending to such a depth that surface processing cannot adequately improve the condition , shall be overexcavated down to firm ground , approved by the consultant. Moisture Conditioning : Overexcavated and processed soils shall be watered , dried-back, blended , and/or mixed , as required to attain a uniform moisture content near optimum. Recompaction: Overexcavated and processed soils which have been properly mixed and moisture-conditioned shall be recompacted to a minimum relative compaction of 90 percent. Benching : Where fills are to be placed on ground with slopes steeper that 5 : 1 ( horizontal to vertical units ) , the ground shall be stepped or benched . The lowest bench shall be a minimum of 15 feet wide , shall be at least 2 feet deep , shall expose firm material , and shall be approved by the consultant. Other benches shall be excavated in firm material for a minimum width of 4 feet. Ground sloping flatter than 5 : 1 shall be benched or otherwise overexcavated when considered necessary by the consultant. Approval : All areas to receive fill , including processed areas, removal areas and toe-of-fill benches shall be approved by the consultant prior to fill placement . IV . Fill Material General : Material to be placed as fill shall be free of organic matter and other deleterious substances , and shall be approved by the consultant. Soils of poor gradation , expansion , or strength characteristics shall be placed in areas designated by the consultant or shall be mixed with other soils to serve as satisfactory fill material . Oversize : Oversize material defined as rock , or other irreducible material with a maximum dimension greater than 12 inches , shall not be buried or placed in fills, unless the location , materials, and disposal methods are specifically approved by the consultant Oversize disposal operations shall be such that nesting of oversize material does not occur , and such that the oversize material is completely surrounded by compacted or densified fill . Oversize material shall not be placed within 10 feet vertically of finish grade or within the range of future utilities or underground construction , unless specifically approved by the consultant. V . Fill Placement and Compaction Fi l l Lifts : Approved fi l l material shall be placed in areas prepared to receive fill in near-horizontal layers not exceeding 6 inches in compacted thickness . The consultant may approve thicker lifts if testing indicates the grading procedures are such that adequate compaction is being achieved with lifts of greater thickness . Each layer shall be spread evenly and shall be thoroughly mixed during spreading to attain uniformity of material and moisture in each layer. Fill Moisture: Fill layers at a moisture content less than optimum shall be watered and mixed , and wet fill layers shall be aerated by scarification or shall be blended with drier material . Moisture-conditioning and mixing of fill layers shall continue until the fill material is at a uniform moisture content at or near optimum. Compaction of Fill : After each layer has been evenly spread , moisture-conditioned , and mixed , it shall be uniformly compacted to not less than 90 percent of maximum dry density . Compaction equipment shall be adequately sized and shall be either specifically designed for soil compaction or of proven reliability , to efficiently achieve the specified degree of compaction . Fill Slopes : Compacting of slopes shall be accomplished , in addition to normal compacting procedures , by backrolling of slopes with sheepsfoot rollers at frequent increments of 2 to 3 feet in fill elevation gain , or by other methods producing satisfactory results . At the completion of grading , the relative compaction of the slope out to the slope face shall be at least 90 percent . Compaction Testing : Field tests to check the fill moisture and degree of compaction will be performed by the consultant. The location and frequency of tests shall be a the consultant' s discretion . In general , the tests will be taken at an interval not exceeding 2 feet in vertical rise and/or 1 ,000 cubic yards of embankment. VI . Subdrain Installation Subdrain systems , if required , shall be installed in approved ground to conform to the approximate alignment and details shown on the plans or herein . The subdrain location or materials shall not be changed or modified without the approval of the consultant. The consultant, however , may recommend and upon approval , direct changes in subdrain line , grade or material . All subdrains should br surveyed for line and grade after installation and sufficient time shall be allowed for the surveys , prior to commencement of filling over the subdrains . VII . Excavation Excavations and cut slopes will be examined during grading . If directed by the consultant, further excavation or overexcavation and refilling of cut areas shall be performed , and/or remedial grading of cut slopes shall be performed . Where fill-over-cut slopes are to be graded , unless otherwise approved , the cut portion of the slope shall be made and approved by the consultant prior to placement of materials for construction of the fill portion of the slope . • BENCHING DETAILS OMPACTED FILL SLOPE ==FALL_�-* --- CUT- FILL LOT NATURAL GROUND S' / MIN. _ ---_---- _ _ 30" MIN. COMPACTED --�- ----- —= V��PB .—�_= OVEREXCAVATE AND RECOMPACT S � —'='==_