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2003-7938 G/CN B & B ENGINEERING PAGE 03 01/24/2007 02:55 �7609.5422� 1 SO WARDS & BROWN ENO, 10002/002 GEOTECHNICAL LETTPR Date: 29 Zoo 7 City of Encinitas 505 South Vulcan Avenue 5ncinitas, CA 92024 Re: Tract Drawing No. Z57 3Ff 6 Project Name: /V'1 s. �G Of Assume responsibility—Solis Engineer In accordance with Section 23.24-380 of the Encinitas Murnicipal Code, please be advised that In reference to the above stated plans, we ha a reviewed all prior reports and/or plans and work performed by Nr .9-,✓ n elxe ✓4 a*r -that we concur with the findings, conclOsions, and recommendations, and is satisfied with the work performed. We assume all responsibility. as Soils Englneer, for these plans as of �s►—�c/. /Z 7-207 Engineering Firm Name Q�oFESS/O� O 6M1,9r,4Wb 7z1.ti6i, IA/4 m Name Cr ._ M Title 12eF 3drloZ3 s Seal S 1 7 OFCAL� g:Oehrca/release responsibility .►�.�-IS �iii�iiiccriii��, /iii: CIVIL,GEOTECHNICAL,&QUALITY ENGINEERING FOUNDATION DESIGN*LAND SURVEYING*SOIL TESTING CLIENT: NAGY PROJECT: NAG 1206-CHG-ENG DATE: 26 DECEMBER 2006 MR. & MRS. NAGY C/O RICK SOMERS CONSTRUCTION, INC. 162 S. Rancho Santa Fe Road, #13-10 Encinitas, CA. 92024 Attention: Mr. Rick Somers Subject: Geotechnical Consultant of Record for grading for the Residence located at 2007 Oxford Ave., Cardiff, CA. (APN: 260-384-43)(GP No: 7938-G) Reference (a): Our Final Results of Compaction Testing and Inspection Report dated 22 June 2004 Gentlemen: Pursuant to your request and the City of Encinitas requirements, we are submitting this letter to verify that we, B & B Engineering, Inc., were retained as the Geotechnical Consultant of Record for the testing and supervision of the rough grading operation for the subject property. We have reviewed Reference (a) and concur with the findings, conclusions, and recommendations for the subject site. The findings, conclusions, and recommendations of Reference (a) are considered still valid for the proposed construction. We have been responsible for soil testing and supervision during rough grading of the subject project from 25 February to 22 June 2004. 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. ely __Stephgn B. Peter RCE 38623 Ex es 3-31-07 1611-A SO. MELROSE DRIVE#285,VISTA,CA 92081-5471 Ph:(760)945-3150 Fax:(760)945-4221 THE ORIGINAL Or THIS JME;3 E RECORDED ON DEC 23 2„,,1 DOCUMENT NUMBER 91003-15036-3�. Recording Requested by: ) SAN DHIEGOI. SMITH, COUNTY`RECORDER City Engineer ) ) TIE: 3:40 PM When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER' S USE COVENANT REGARDING REAL PROPERTY WAIVER OF PROTEST TO ASSESSMENTS Assessor' s Parcel Number: 260-384-43 Project No. 02-204 CDP A. Timothy Nagy and Sharon Nagy, husband and wife as joint tenants ( "OWNER" hereinafter) are the owners of real property which is commonly known as 2007 Oxford Avenue ("PROPERTY" hereinafter) and which is legally described as in Exhibit A attached hereto and made a part hereof . B. In consideration of CDP 02-204 OWNER hereby covenants and agrees for the benefit of CITY, to do the following: No protest shall be made by the owners to any proceedings for the installation or acquisition of street improvements, including undergrounding of utility lines, under any special assessment 1911 or the Municipal Improvement Act of 1913 , or any other applicable state or local law, and whether processed by the City of Encinitas or any other governmental entity having jurisdiction in the matter and for the purposes of determining property owners support for same . C. This Covenant shall run with the land, be binding upon, and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties . D. OWNER agrees that OWNER' s duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant . E. If either party is required to incurs costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney' s fees, from the other party. F. Failure of the OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant . G. Upon OWNER' s satisfaction of OWNER' s duties and obligations contained herein, OWNER may request and CITY shall execute a "Satisfaction of Covenant" . AM ws 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 3l Timothy Nag'yn Dated �7 3% _ G 3 rZ Sharon Nagy (Notarization of OWNER signature is attached) y OF ENCINITAS ll 041 Dated f / �� by ti / (Notarization not required) Peter Cota-Robles Director of Engineering Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. .r � County of .S^, •� ^ JJ t /w b S Cr On 't T-'q ZC)U; before me,Date ✓f a�Ne�e Title of Oofficer(e.g.,Ja a Doe, otary Public personally appeared J Name(s)of Signer(s) fis / ❑personally known to me proved to me on the basis of satisfactory evidence l to be the person(s) whose name(s)-i6/are s' OFFICIAL SEAL subscribed to the within instrument and DAVID P. WOOD �• NIA=' acknowledged to me that 4aefshe/they executed BLIC-CALIFOR � authorized U utho NOTARY P NO 1244674 the same in bisfhe�Ftheir a COMM. r their SAN DIEGO COUNTY capacity(ies), and that by la+s><Mre / MY COMM.EXP.DEC.5,2003 signature(s) on the instrument the person(s), or I� the entity upon behalf of which the person(s) �� acted, executed the instrument. 2• WITNESS mh Ld and official seal. i I� E'S J l Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. E < Description of Attached Document Title or Type of Document: w n 2 a-F u g Number of Pages: ' Document Date: ° 0 V7 Signer(s)Other Than Named Above: N r� Capacity(ies) Claimed by Signer Signer's Name: Top of thumb here El Individual P. Ci Corporate Officer—Title(s): J Partner—E Limited ❑General Attorney-in-Fact ; Trustee !� 5 r Guardian or Conservator ❑ Other: �Signer Is Repre�sce-ncti^n,-�gc;:-ac��c; -`_r` 4�!*���V�S,ZsrCr �W�^v.-"�W.s,!V ,`Z�.✓v ..v`Z�. �oO oar Call Toll 1-800-876-6827 Prod No 5907 "�1999 National Notary Association•9350 De Soto Ave..PO Box 2402•Chatsworth,CA 91313-2402 ry 9 ATTACHMENT "A" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. 02-204 CDP LEGAL DESCRIPTION OF REAL PROPERTY Lots 43, 44, and 45 in Block 38 of Cardiff 'A' Tract, in the County of San Diego, State of California, According to Map thereof no. 1334, recorded May 12, 1911 in the Office of the County Recorder of said county. THE uRIGINAL OF THIS DOCUMENT- MS RECORDED ON DEC 9,3, 9-007 DOCUMENT NUMBER -9003-1503637 Recording Requested By: ) GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE: City Engineer ) TIME: 3:40 PM When Recorded Mail to: ) y 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. 260-384-43 Project No.: 02-204CDP W.O.No. 7938-G THIS AGREEMENT for the periodic maintenance and repair of that certain private storm water treatment facilities, the legal description and/or plat of which is set forth in Exhibits attached hereto and made a part hereof, is entered into by Timothy A Nagy and Sharon D. Navy, Husband and Wife as Joint Tenants, (Hereinafter referred to as "Developer") for the benefit of future owners who will use the private storm water treatment facilities (hereinafter referred to as " owners", which shall include the Developer to the extent the Developer retains any ownership interest in any land covered by this agreement. WHEREAS,this Agreement is required as a condition of approval by the City of Encinitas, and WHEREAS, Developer is the owner of certain real property and developed as Exhibit "A" that will use and enjoy the benefit of said storm water treatment facilities(s). A complete legal description and/or plat of said real property is attached, labelled Exhibit "B",_and incorporated by reference. Said real property is hereinafter referred to as the "property"; and WHEREAS, it is the desire of the Developer that said private storm water treatment system be maintained in a safe and usable condition by the owners; and �f aR ,C 'A �C R Y Q VICES DEPARTMENT cit ENGINEERING SER Encinitas Capital Improvement Projects District Support Services Field Operations Sand Rep lenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering July 6, 2004 Attn: Wells Fargo Bank P.O. Box 2710 6008 Paseo Delicias Rancho Santa Fe, CA 9"067 RE: Nagy, Timothy and Sharo i 2007 Oxford Avenue APN 260-384-43 Grading Permit 7938-G Final release of security Permit 7938-G authorized earthworlc,private drainage improvements, and erosion control, all as necessary to build described project. The Field Inspector has approved the Rough Grading for this project. Therefore, a release of this deposit is merited. The following Certificate of Deposit Account has been cancelled by the Financial Services Manager and is hereby released for payment to the depositor. Account# 2002523351 in the amount of$ 16,261.00. The document originals are enclosed. Should you have any questions or concerns, please contact Debra Geishart at (760) 633-2779 or in writing, attention the Engineering Department. Sin rely, ;inance Masih Maher . bach Senior Civil Engineer Manager Subdivision Engineering Financial Services CC: Jay Lembach, Finance Manager Nagy, Timothy an Sharon Debra Geishart File ACL TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 recycled paper NGINEERING SERVICES DEPARTMENT \ - CZt� o Projects Encinitas Capital Improvement Pro'p J District Support Services Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering January 3, 2006 Attn: Wells Fargo Bank P.O. Box 2710 6008 Paseo Delicias Rancho Santa Fe, CA 92067 RE: Nagy, Timothy and Sharon 2007 Oxford Avenue APN 260-384-43 Grading Permit 7938-G Final release of security Permit 7938-G authorized earthwork,private drainage improvements, and erosion control, all as necessary to build described project. The Field Inspector has finaled the grading for this project. Therefore, a full release of the remaining deposit is merited. The following Certificate of Deposit Accounts have been cancelled by the Financial Services Manager and is hereby released for payment to the depositor. Account# 2002523369 in the amount of$5,421.00 and account#2002523377 in the amount of $5,420.00. The document originals are enclosed. Should you have any questions or concerns, please contact Debra Geishart at (760) 633-2779 or in writing, attention the Engineering Department. Sin ely, Debra Geis ay embach Engineering Technician Finance Manager Subdivision Engineering Financial Services CC: Jay Lembach, Finance Manager Nagy, Timothy and Sharon Debra Geishart File Enc. TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 recycled paper 08/23/2006 15:28 17606331 RICK SOMERS CON` 'U0 PAGE 01/10 ti Rick Somers Construction, Inc. Voice: (760) 633-1324 Fax: (760) 633-1388 License No. a83856 326 Encinitas Blvd., Suite 100,Encinitas,CA.92024 FAX TRANSMITT,A L IDATE: 9031 A-h TO: ill Z "_ FAX#: RE: FROM: PAGES(Including transmittal): REMARKS: ii h An o RICK SOMERS CON' -RUC PACE 02/19 88/23/208fi 15:28 1760631 7807458134; JUN 17-0 9:55APA; GENT BY: EXCEL SURVEY; XCEL a o©vnMO&C.sea.c=r:L VACEOMW CORPt�RATE•(76)746-8178 air 76W 746-1090 - June 8, 2004 - City of Encinitas " Inapeadon Depnrnne_m RE: Setback Certiftadon tbT Nagy residence,City of Encinitas Dm-Ring No. 793 8-0, Grading Plan planning cast no.02.204. To whom it my concern, On June 1,2004 field survey representatives of this firm shot is the forms for the mrmwced building to verify location and elevation of the foundation. The form locations are in substantial oonforamee with the approved Wading pim The elevations of the farms ware found to be 0.17' below design finish floor elevation. If you have questions or need any additional infonvation please do not he sitate to call our corporate offIGe. Sincerely, !• st 'ebael D.Levin,PLS F:Skiia:!d,Lau n �qOF GAl14�P� 6/8804 3:i6PM �Q:1O4%Q401$ XS%=RT-form-W0 ` RICK SOMERS CONc-'UC PAGE 03110 08j23/2005 15:26 17505331' 06"23/7004 12:11 7b09454221 4 5 ENO1NEERIW3 PALS j a'11 1ille ',1' nog life. froupw SW V eNt N NAy.1 K"Ve/a-600 T M nW CLIENT:NAGY PROJECT:NAG 204 DATE: 22 JUNE 2004 MR. &MM NACT - C/O RICK SOMERS CONSTRUCTION, INC. 162 S.Rancho Santa Fe Road,#B-10 Encinitas,CA.. 9202 Attention: Mr. Rick Sowers W Ran Paul r Subject:Final Results of Compaction Testing and Inspection for the Residence located at 2007 Oxford Ave-,Cardiff, CA. ('A`I'N=260-384-43) Gentlemen: pursuamt to your request,we have completed our soil compaction testing and inspeWmu of the tough Wadlug operations and the retaft g wall baclfill for the subject parcel.Locations of our field density tests are shown on Enclosure (1), and the results of these tests are detailed on Enclosure(2). Site preperetion,compaction,and testing were accornplisW.between 25 Febnuay and 1 June 2004. Based on our observations and testing,it is our opinion that the work performed during that period was in general confomtance with the requirements of the Approved Goding Plans, and the City of Encinitas Grading Ordinance. During February, clearing began on the subject lot with the conuactor removing an existing structure, some etgckpiled organic materials, shrubs and the surface vegetation. All debris was removed from the pad gmduig area.. On 25 February,the contractor began the over-excavation process for the proposed residence by removing the loose topsoiVfill materials to an approximate depth of 3 feet below the proposed finish grade surface, where film natural ground was encountered, Fin material,native silty sands -sandy silts, gencmted from stockpiles from over-excavations and cuts made on the easterly portion of the pad, was tbcn watered and recompacted on the westerly and easterly sides of the pad. t Td, _A So, MELROSE DRIVE*285, V78TA, CA 9ROW-5497 + 780.845-3760 • PAX- 760-945-4221 08/23/2006 15:28 17606331' RICK SOMERS CON` -r'UC PAGE 84/10 �16/23!2a0a 12:11 760945a221 B x s ENGiNCSRIWG PAC£ 04 rjWL darsoskirAI.i OUAUTYENOIN6MING • /OUhDa1T10NDE6fWr•LAnfOlIJ1YErHV6•S&L TWrMG r. OQN9IRYOTION Ad4WCAfGY7S W4*rL0rGM The conftWtor placed and compacted the native soils on the house pad and on the driveway until the designed pad grades were sohieved. :During March and April, the contractor constructed the retaining - resuainin8 wells for the sub mt Mucture. Dunng the wall backfill operation, a . representative f=our f1m performed density tests in the subject bac 1611 soils. Prior to placing the native soils behind the walls,the coutractor placed crushed 3/4 inch rock over a 4 inch perforated Pape ,ubdrain system at the bottom of the wall. f Density of the otirer-excavatibtt operation ed the se hand whackers loaders and the wall backfill. soil was achieved b3' compa�eting the soil as fill was placed in thin lifts: 9 effort in was low moist=content, the con r had to spend additional- d on in order to ensure mean-optimum moisture and�1� pre-mixing perau compaction in the fill MateriiRL As indicated by our Compaction Test Results,Enclosure (2),density tests performed in the construction of the house pad and the wall backfill soils indicated over 94a/o relative compaction as compared to the Maximum DrY Density per ASTM Test procedure D 1557-91. The native materials exposed at surface grades for the subject pads are Potential according to Table 18-A- co�nsidered to have a low to medium expansion Po I-$ of the Uniform Building Code. 7bere£ore we recommend that structure shall d be supported with the following Foundation gm 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 8trength.of 1500 psf may be utilized for all continuous or spread footings faw►ded in dense native-soils compacted to 900/0 relative compaction per AS7M D 1557-91. This design bearing valuo is in accordance with the Uniform Building and is based on a foundation size of 14 inches in depth and width and may be increased as allowed by the provisions of the U.B.C. It is recommended that the continuous perimeter foundations and concrete slabs for a light weight,wood framed, stucco type structure shall be constructed 2 181 1-A So. mELAa6E DRIVE#265, 148TA,CA 92,083-5407 ■ 780-945-9150 • FAX: 760-945-4221 06/23/2006 15:28 17b06331:' RICK SOMERS COW TRUC PAGE 05/10 0161'29/2004 1_: 11 7609454221 B & 9 E]NG;PEER NG PAGE fl y �`►��� �JJfr��,y;1*JJJ, 111ce GJ1lX.Q,EpnpfMIGAC,f CYALIr!'EN�fNElA/Na CON3TAUCT oN MANAGEN1EN7ri I nNO NSPEUMN and reinforced in accordance with the following minimum design criteria: a. I e continuous perimeter foundations shall extend a miiwnum depth of 18 inches and a minimum width of 12 inches into the compacted filk soils for a single story structure and 18 inches deep and 15 incbes�fur No. 4 steel baers�, two continuous foundations shall be reitfOrccd with at 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. E b. Footings placed on or adjacent to fill slopes shell have a minirnuna horizontal distance of seven feet(71) from the bottom edge of the footiatitgs to the face of the slope. c. All concrete slabs shall be a minimum of 5 inches in center a reinforced with a minimum of No. 3 rebam at IS inches on Ys placed in the center of the slab. The bars shall be bent downward into the perimeter footings and wire tied to the foundation steel at 18 inches on center. Where moisture sensitive flooring is anticipated and in order to m nirnim vapor transmission, an impermeable membrane (ie: 10 mil visqueen) shall be placed over 2 inches of clean, poorly graded, coarse 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 Plans. d. Interior concrete slabs shall be provided with saw-cut joints spaced at 10 feet on center each way within 24 hours after the pour and the saw-cuts shall be 115 of the slab thickness. It is imperative that the drainage systom around the proposed structure shall be designed and implemented to provide-positive drainage away from all buildings in order to preclude moist= intrusion into the subgrade soils beneath the building foundations and slabs. These foundation and slab reconuuendations are inimur design requirements for the soils encountered during.grading, h , actual foundations shall be designed by the Structural Engineer for the expected live and dead loads, and for,wind and setsmle loads. 3 161 7-A SO, MM.RWE DRIVE 0265, VISTA, CA 82083-8497 • 760-945-3150 • W., 760-945-4221 RICK SOMERS CONE--UC PAGE 06/10 88/23/2006 15:28 17606331; �U1{ �f'ifl�a PAGE U �Jb�1�1':17da A 4:11 'Sby494::_. filiffflfmiffflf 1110. Civit,GraT6CMNCAL i WALM 4m&wWAYMV rovnwna►VC81"•LAND iYRVEPN0.80L rianw , .,•' eowrauenoaM�orw�urA�r�roenoN In the event that any changes in the nature, design, or location of building's 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 iri writing. This Report is issued with the understanding-that it is the responsibility of-the owner or of his representative to ensure that the infosaiation and recommendations contained herein are called to the attention of the project Architect and Engir=r'and are incorporated into the plans. Further, the necessary step" shall be taken to ensure that the contractor and subcontractors carry out such recommendations in the f eld. The Soil Engineer has prepared this Report for the exclusive use of the client and authori2ed agents. This Report has been prepared in accordai=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 tl is agreement, and included in the Report. E & 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, f1oE•1�7 � rtsls7 ros C Beard�GB t��►� � Chief Engineer 4 161 7-A 90,MELROSE OWE 0285, VISTA, CA 92483-6497 • 760-945-3750 FAX. 760-945-4221 RICK SOMERS CONST"JUC PAGE 07/10 08/23 2006 15:28-_ 176063312 I ' I i - r I� w!sws�,� � raln+,raw �t� r-_ I I �'•, � ' �^ -ter--- ,., � �� I • I al , T7 I r C I I fi .,�� .um a a- ,1 , off~• $ 1 ' �Z I r ,11 1 t A J �� rTl lI�R1k� !m PIK 1 1 —S.!/IRyMOK�� I ,�� ✓ nyy M M I�.s.e. VtlNI4-txrftw ��- M--BUM 3APAROXIMATE LOCATION OF FIELD DENSITY MASTS P L D. T -P: L A N : LOCATION• �!�99 Dx� 01✓IR.oCO/lOHNtO+►b+Qwtlt►wclne6A8 .SrRWrUML6NGJN&MlNa&{ANOALMVEY'NO CAlt lAC G •r" • -re�ao�anor+•sore reannr@ •cw6fRumav MANAGEMgmy b WSPOTION FROIECT N.46 DATE ENCLOSURE (1) F 08/2312005 15:28 17606331' RICK SOMERS CON---"'UC PAGE 08/10 06/23/2004 12: 11 7609d54221 B $ a V,LrdirER I r5 °:1GE 09 �vn,Otoria+Neau,iauxwr+reNOrn�e CrW.Vn10A1.FNOrNEEA1NC•LAND SURVETWG pgod rolf a mi.Turrna PRIM MoT Awl) .cavSrnucrronMxrNCE,eenfE,NspcCTloN Test Test test Test Soil Dry Oansit cf MoiIture. Z Relative Retest _ No. Date LOCttloll E1/Depth Type Field: Field opt. Compaction No. _ � u ' . 11 2f ,► II JJ //¢8 X3,6 - - $ 4 /r J, ►I 068 N / f? � .,. 1D I/ /l /3 �r ►+ /1 .o +I p. yk /Z rl u S. ,► /4 d y 9 3,3 771-7— 109,E j COMPACTION CU.tvE DATA OPTIMUM ir,AXIMUM DRY SOIL TYPE AND DESCRIPTION MOISTURE DENSITY (PC,-- ) 1AS, /is,srQN sAcr -- COMPACTION TEST DATA ENCLOSURE iZ) RICK SOMERS CONSTQIJC PAGE 09/10 • 0B/2.3/2006 15:28 1760b331? B d ENG1r £RIN PACE 09 05i23i:'00a 12:1'1 7589454_.. 81111nmririff, 11W. dY� QEDreoNMM,AG 6 VJALITr rX01NffMRFr 0 CONg►RtAG7tpM INNAOEMEM 1 1W-PWT101V CLIENT: 1 JAGY PROJECT: NAG-COMPRES DATE: 23 JUNE 2004 MR. &IVJRS.NAGY CIO RICK SOl~iERS CONSTRUCTION, INC. - 162 S. Rancho Santa Fe Road,#B-10 Encinitas,CA. 92024 Attention: Mr. Rick Somers Subject: Results of Retaining Wall Grout Testing &Inspection for the Rtsidential Structure located :at 2007 Oxford Ave., CatdiM CA. (APN: 260-384-43) Gentlemen: pursuant to your request, on March 30, 2004, we provided sampling and testing of ft wall grout for the subject residence. On this date, approximately 12 cubic yards of 2500 psi 318" grout was pumped and placed in the subject walls. A representative from our firm obtained 3 samples of the concrete used in the placement of the wall grout, Proper concrete placement techniques(ie:drop heights,use of a stinger far conso"dati.on, etc.)were employed during this construction phase. They design plans called for the wall grout concrete to have a minimum compressive ►strength of 2500 psi after 28 days. Based on our field inspections during,this period and our compression test results, Enclosures(1) it is our opinion that the concrete used in the construction of the.wall grout for the subject wall met the requirements of the specifications. B &B Engineervtg appreciates this opportunity to be of our oifice� have any questions regarding this project; do not hesitate to c Sincerely, qC,1�86� m . .•,. �. Beard RCE RG as s * Asth *r CrytV Chief Engineer OF 1 1611-A SO. MELROSE DRIVE#285, VISTA. CA 92(183.5497 • 7BU-943-3150 FAX.. 760-945^4221 08/23/2005 15:28 17606331' RICK SOMERS CONE `JC PAGE 10/10 a6/2-.s/12H4 12 '11 7609454221 E & 13 ENGINEERIN.3 PAGE 10 Southern-California Soil and Testing, Inc. 8280 Riverdale Street, P. O. Box 900627, San Diego, CA 92164(619) 28D-4321 Grout Court ressive Strength Test Report File Number 0412032 Project Title: _ _ 9 8 8 Engineering Project Location: ft ford Street,Cardiff Archltmt: .Linear: B B 6 Bneineering Pe"I No: Plan file No: Contractor; Law lion In St ucturo: Grout basament AAate 81 Supplier. F Mix DasignaWn: Admtxture(s): - Time In Mixer: Mlns. Slump Inches: Air Temp: o Ticket Number. Truck Number Samples Tested By: CN Samples Made By: CLIENT Labcrelory Number. 378 3784 1 3785 Mark Date Made: 03/30/04 03/30/04 ,Dole Received 03131/04 03!31104 Date Tested 04/27/04 04/27104 04/27/04 Nominal See Inches Arse,Square Inches 7.99 8.78 8.85 Mexlmum Load, Pounds 22,760 23,230 23.000 Compressive 8tre 1 2850 2,660 2600 •Tss*d D e 28 28 28 Raquirad 28 Day Strength, psi 2,600 Bpacknon compressive strenolh lestlne were permed by this egeney in aeaor4ehoe with the ASTM C1 019 standards. This o9enay makes no athor worroneas aWN&or tr0110. DistrlbuWn: Rayle"d By: lineering dwar raeortas,RCE# 442 412s/20o4 City of Encinitas 505 S. Volcan Ave. Encinitas, CA 92024 3 January 2005 Subject; Grading Permit#7938G Project Name;Nagy Residence 2007 Oxford Ave., Cardiff, CA. Release of Responsibility—Owners Statement In accordance with Section 23.24-360 of the Encinitas Municipal Code, please be advised that in reference to the above stated plans, we are verifying a change of professional Soils/Geotechnical Engineer from American Geotechnical to B and B Eengineering If you have any questions, please call me at 760-452-7951, which is an Encinitas phone number that rings in my home is Scotland(+8hours), or at 760-635-0670, which is the 2007 Oxford house in Encinitas. If you have any written correspondence, please mail it to; Tim and Sharon Nagy c/o Chevron-Aberdeen Pouch PO Box 6046 San Ramon, CA. 94583 Sincerely 1-4 AVI", Timothy Nagy 1 City of Encinitas 505 S. Volcan Ave. Encinitas, CA 92024 3 January 2005 Subject; Grading Permit#7938G 2007 Oxford Ave., Cardiff, CA. Greg Shields and Debra Geishart This letter is in response to your letter of 29 November. 1. The civil engineer of record will remain Sowers and Brown. Randy Brown will be the engineer of record and Kieth Webber is acting as the project engineer to complete the As-Built drawings. Sowers and Brown can be contacted at 760-436- 8500 if you have any questions. 2. The Soils Engineer will be B and B Engineering. Attached is a `change of engineer' letter as per your provided format. 3. A transfer of responsibility letter is being prepared by Dennis P. Beard, president B and B engineering and they will submit this directly to you at the City of Encinitas. If you have any questions you may contact Dennis Beard of B and B at 760-945-3150. If you have any questions,please call me at 760-452-7951, which is an Encinitas phone number that rings in my home is Scotland(+8hours), or at 760-635-0670, which is the 2007 Oxford house in Encinitas. If you have any written correspondence, please mail it to; Tim and Sharon Nagy c/o Chevron-Aberdeen Pouch PO Box 6046 San Ramon, CA. 94583 Sincerely � ;�Timothy Nagy 1 City of Encinitas 505 S. Volcan Ave. Encinitas, CA 92024 3 January 2005 Subject; Grading Permit#7938G Project Name;Nagy Residence 2007 Oxford Ave., Cardiff, CA. Release of Responsibility—Owners Statement In accordance with Section 23.24-360 of the Encinitas Municipal Code,please be advised that in reference to the above stated plans,we are verifying a change of professional Soils/Geotechnical Engineer from American Geotechnical to B and B Eengineering If you have any questions, please call me at 760-452-7951, which is an Encinitas phone number that rings in my home is Scotland(+8hours), or at 760-635-0670, which is the 2007 Oxford house in Encinitas. If you have any written correspondence, please mail it to; Tim and Sharon Nagy c/o Chevron-Aberdeen Pouch PO Box 6046 San Ramon, CA. 94583 Sincerely 1 Timothy Nagy 1 WHEREAS, it is the desire of the Developer to establish a method for the periodic maintenance and repair of said private storm Teatment and ciliti future and for the ared rtionment of the expense of such maintenance and rep air among WHEREAS, there exists a benefit to the public the private storm water facilities be adequately maintained on a regular and periodic basis; and WHEREAS, it is the intention each successeeowner of all or any constitute a covenant the property. running with the land, binding upon NOW THEREFORE, IT IS HEREBY AGREED 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 cost and expense of maintaining the private storm water treatment facilities shall be paid by the owner of the heirs, assigns and successors in interest or each such owner. 3. In the event any of the herlc Bated parcel shall e liable owners, heirs, assigns and successors in i nterest of each such newly under this Agreement for their then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created parcels. 4. The repairs and maintenance to be performed under this Agreement shall be limited to the following: reasonable and improvements and maintenance work to adequately maintain said private storm water treatment facilities to permit access to said facilities. Repairs and maintenance under this Agreement shall include, but is not limited to, repairing access roadbeds, repairing and maintaining drainage structures, removing debris, if any, and other work reasonably necessary and proper to repair and preserve the private storm water treatment facilities for their intended purposes. Adequate maintenance of said drainage facilities shall be conducted at a minimum of every six months. 5. If there is a covenant, agreement, or other obligation imposed as a condition of the development, the obligation to repair and maintain the private storm water treatment facilities as '1N +R 2 herein set forth shall commence when improvements have been completed and approved by the City. 6. Any extraordinary repair required to correct damage to said storm water treatment facilities that results from action taken or contracted for by the owners or their successors in interest shall be paid for by the party taking action or party contracting for work which caused the necessity for the extraordinary repair. The repair shall be such as to restore the storm water treatment facilities to the condition existing prior to said damage. 7. Any liability of the owners for personal injury to an agent hereunder, or to any worker employed to make repairs or provide maintenance under this Agreement, or to third persons, as well as any liability of the owners for damage to the property of agent, or any such worker, or of any third persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne, by the owners as they bear the costs and expenses of such repairs and maintenance. Owners shall be responsible for and maintain their own insurance, if any. By this Agreement, the Developer does not intend to provide for the sharing of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. 8. Owners shall jointly and severally defend and indemnify and hold harmless City, City's engineer and its consultants and each of its officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees, to the agent hereunder or to any owner, any contractor, any subcontractor, any user of the storm water treatment facilities, or to any other third persons arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the private storm water treatment facilities. 9. Nothing in the Agreement, the specifications or other contract documents or City's approval of the plans and specifications or inspection of the work is intended to include a review, inspection acknowledgement of a responsibility for any such matter, and City, City's engineer and its consultants, and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability therefore. 10. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of the owners and each and every person who shall at anytime own all or any portion of the property referred to herein. ZI m 3 11. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors, and assignees of each of the owners. 12. It is the purpose of the signatories hereto that this instrument be recorded to the end and intent that the obligation hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal other r remedies action p �o vded in this Agreement and to all lhereof, remedy to be cumulative and in addition to other remedies at law or in equity. 13. The terms of this Agreement may be amended in writing upon majority approval of the owners and consent of the City. 14. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. 15. If the Property constitutes a ,Common Interest Development" as defined in California Civil Code Section 1351(c) which will include membership in or ownership of an "Association" as defined in California Civil Code Section 1351(a), anything in this Agreement to the contrary notwithstanding, the following provisions shall apply at and during such time as (i) the Property is encumbered by a "Declaration" (as defined in California Civil Code Section 1351(h), and (ii) the Common Area of the property (including the private storm water treatment facilities) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private storm water treatment facilities and shall be deemed the "agent" as referred to in Paragraph 7 above. The Association, which shall not be replaced except by amendment to the Declaration, shall receive no compensation for performing such duties. The costs of such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall have the right to alter, maintain or repair any of the e P9 4 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 following its Bylaws and Declaration. IN WI TN ISS WHEREOF the arties have executed this Agreement This day of Developer: Sharon D. Nagy Timot A.Nagy Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. � ! Q 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of � '�✓ ���G.0 f( ' 3-017 j before me, On 74 Name and Title of Officer(e.g., Jae Doe,Notary Public) Date (s)of Signer(s)personally appea red c u 7 Namers) raw L personally known to me proved to me on the basis of satisfactory evidence s to be the person(s) whose names) is/are Z OFFICIAL SEAL subscribed to the within instrument and Z acknowledged to me thatAe4lie/they executed DAVID P. WOOD �y w NOTARY PUBLIC-CALIFORNIAZ, the same in hisAaer/their authorized 2 cT ' COMM.NO. 1244674 capacity(ies), and that by his/her/their SAN DIEGO COUNTY signature(s)on the instrument the person(s), or MY COMM.EXP.DEC.5,2003 the entity upon behalf of which the person(s) acted, executed the instrument. 2' WITNESS my hand and official seal. gnature of Notary Public 1 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. 1 Description of Attached Document Title or Type of Document: > �--fl v � Document Date: ) K Number of Pages: Z; Signer(s)Other Than Named Above: o Capacity(ies) Claimed by Signer V Signer's Name: • �I Top of thumb here ❑ Individual ❑ Corporate Officer—Title(s): I ❑ Partner—❑ Limited ❑General 1 ❑ Attorney-in-Fact fi/Z ❑ Trustee ❑ Guardian or Conservator ❑ Other: S Signer Is Representing: 6 - _ — © Call Toll-free 1-800-876-6827 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402• atsworth,CA 91313-2402• vnationalnotary.org Prod.No.5907 Reorder: w ATTACHMENT "A" TO COVENANT REGARDING REAL.PROPERTY PROJECT NO. 02-204 CDP LEGAL DESCRIPTION OF REAL PROPERTY Lots 43, 44, and 45 in Block 38 of Cardiff `A' Tract, in the County of San Diego, State of California, According to map thereof fUno. 1334, recorded May 12, 1911 in the Office of the Y 6 ATTACHMENT 'B' TO COVENANT REGARDING REAL PROPERTY PROJECT NO. 02-204 COP PLAT OF STORM WATER POLLUTION CONTROL FACIL111ES SCALE. 1 = 20' LEGEND SYMBOL FLOW LINE Q� O ALLEY STORM WATER a aEANSING ARE A 31'10'00'E 75.0 NOTE STORM WATER aEEANSING AREA NOT 1 _ _ TO BE MODIRED UNLESS A PERMIT FROM THE CITY OF ENCINITAS IS I OBTAINED. ICD CD 1 I ' OXFORD AIENUE 1 I c I Lo I S f 1__5'W lDE GRASS S IR1P $ -ST RM WX-FER cl_EXNSING ~-- AREA OXFD D � �`;.___ A NUE JOB NO. 03-047 11/3/03 '5aYATDS I' BROWN CNGrNI_tK/N6, I1VG, CONSL NG MMERS 1187 NEMCASTLE A14"SWE 103 CARDIFF BY THE SEA CA 92007 TEL 7601436-8500 FAX 76014,76-8603