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2003-7874 G ENGINEERING SEAVrCES DEP.4RTAMAT CZty 0!, Copilot Improvement-Projects Encinitas District Support Services Field Operations Subdivision Engineering Traffic Engineering ROUGH GRADING APPELOVAL , T0: Subdivision.Engineering Public service Counter FROM:• Field operations Private-contract inspection.tom RE: Grading Permit No. '7—7 67 Name of Project /U ;f�l �.t7A"C Name of Developer !A(,7S Site Location aeddress�;;_..number. .street.name ' '� • r' '• ..•'�•,r•:..••L�...SU£fixl•:QtrGJ..;.,: ,lbidgl••• .._ . •.. .... •.. ,I have -ijected the gra'dirrg,-at,thesubjectlsite•and, ve:uerifi'ed°t e'rtifPc�tii�aKt��•tl�e,padb the,.Englneer•of.Work ���f�r N/OW I y% : . •. . •+�_;:. .:•- . > l', dated: «�,_ �:.� ,''arid•certifi compactloxi•by-the-Soil Engineer, ,. cation of soil• ' radi�lg C/i' �ly da �; satisfleid,,Ahat•the•:roug.h% has ern c`orrl et ted ^`' r;�:arrt hereby laps pJ ed; :• ,:' p r,and�speeificat)ons •Chapter:,23;2t4�of,the•Munici lal-cocDrdaMCe:with=lih'e; pproVetl, err itreerirlg stand nd{:s a iica L ^ 9 ards a pscific project regUIrerXt'etlts, •,: de:,a>arr:arty`ortkier 2ijp ble'^ ~';,: �• ,, r:::.• .Based,aF1;±I]ly Ol]ServatlDn and the,certlfications,.d:;falttL= no.'•exception to the:issUence:c1t'.e::, building permit for the 10t(s) as noted or.Phase , if any, but only in so far as grading is concerned. However., this release is not intended to certify the project witfT respect.to other.engineering concerns, including .public road, drainage; water, sewer, panic, and trail improvements, and their' availabiilty, any other public improvements, deferred monumentation;or final grading: _ . Prior to final inspection-of the Building Permit(s) and legal occupancy, I need t0 be further advised so that I can verify that final grading (I.e., finished precise grading, planting and irrigation) has been completed in accordance with the approved plans and specifications. Ignature of En gi r1 In ctor) lDatel (Signature of Senior Civil Engineer, only if appropiate) (Date) �. Reference: Building Permit No. Special Note: Submit this form, if completed, to counter staff merely technician's'in-boxes.Please remember to do a final inapectlon of the ��g a copy of it in both engineering when completed Office staff will handle the appropiate reductions in security,elt and submit that paperwork, Building Inspection.Thank you. if any, and coordination with JSG/fteld3.d6c1 ENGINEERING DESIGN GROUP GF07`CNNICAL CIVIL.S1RUCiUAAL&ANCNIiEC1UAAL CONSU�rANTS FOA AESIOENiIA�&COMMEACIN!CONSiNOCIION 2121 Montiel Road, San Marcos, California 92069 • (76p) gg9_7302 • Fax: (760) 480-7477• E-mail: ENGDG@aol.com Date: August 8, 2003 To: City of Encinitas Engineering Service Permits 505 South Vulcan Ave. Encinitas, CA 92024 Re: Moore Residence, 236 Leucadia Blvd., Encinitas, California Grading Permit No. 7874-G Subject: Engineer's Pad Certification Pursuant to section 23.24.310 of the Encinitas Municipal Code, this letter is hereby a Pad Certification Letter for the lot at 236 Leucadia Blvd. As the Engineer of Re subject lot, I hereby state all rough grading for these units has been completed submitted as the approved plans and requirements of the City of Encinitas, Codes and Standards. ed in conformance with Cord for the The following list provides pad elevations as field verified and shown on the approved pproved grading plan: Location Pad Elevation Der Plan Residence 99.0 Pad Elevation er Field Measurement Garage 98.45 99.03 98.54 Construction of the grass swale and overflow catch basin drainage devices shall at the time of fine grading completion. be field verified The construction of positive building conformance with the subject gradin pad drainage has been field verified and is in substantial No manufactured slopes or berms were part of the subject radin 9 g plan. If you a any qu tions regarding this manner please do not hesitate to call our ur office. ENGI EER DESIGN GROUP L> UU teve Norris f` NO. `'767c m California f RCE 47672 ,1 Exp. 12-03 Zo I' ? >k OF CAt1Fd� 1Mainlfile on maWLETTERILETTER 51022970-5,MAX MOORE PAD CERT LETTER,236 LEUCADIA BLVD,LEUCADIA.wpd CITY OF ENCINITAS _ ENGINEERING DEPARTtgNT PRO-t-:, NAME: '`' DATE: k 7-Z Z - '< STREET PROJECT LOCATION NUMHE?; : 2 3 CONTRACTOR R.0-11- NUMBER. \ S PHONE: 7- ZZ w -.e t.' / ` L� ? DW/04/MSI-3©lwp (•i- t-©t3) THE ORIGINAL OF Tl,lu Lit U!'IElt S CORDED ON _TUN 12, 2001-3 Recording Requested By: DOCUMENT NUMBER ?OC','p�,'��'' GftGORY S1iIT4, C04TY RECORDER City Engineer ) SAN DIEGO COUNTY JRECORDER,S OFF TINE: 1-1:26 Ate 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. 254-325-64 ProjectNo.: 02-218 CDP W.0.No.: 7874-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 Exhibit "B" attached hereto and made a part hereof, is entered into by Max Moore (hereinafter referred to as "Developer") for the benefit of future owners who will use the private storm water treatment facilities (hereinafter referred to as " owners"), which shall include the Developer to the extent the Developer retains any ownership interest in any land covered by this agreement. WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas of Grading Permit 7874-G; and WHEREAS, Developer is the owner of certain real property described in Exhibit"A" that will use and enjoy the benefit of said storm water treatment facilities(s) (Said real property is hereinafter referred to as the"property"); and WHEREAS, it is the desire of the Developer that said private storm water treatment system be maintained in a safe and usable condition by the owners; and WHEREAS, it is the desire of the Developer to establish a method for the periodic maintenance and repair of said private storm water treatment facilities and for the apportionment of the expense of such maintenance and repair among existing and future owners; and WHEREAS, there exists a benefit to the public the private storm water facilities be adequately maintained on a regular and periodic basis; and WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running •with the land, binding upon each successive owner of all or any portion of the property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1• The property is benefited by this Agreement, and present and successive owners of all or any portion of the property are expressly bound hereby for the benefit of the land. 2• The cost and expense of maintaining the private storm water treatment facilities shall be paid by the owner of the heirs, assigns and successors in interest of each such owner. 3. In the event any of the herein described parcels of land are subdivided further, the owners, heirs, assigns and successors in interest of each such newly created parcel shall be liable under this Agreement for their then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created parcels. 4. The repairs and maintenance to be performed under this Agreement shall be limited to the following: reasonable and improvements and maintenance work to adequately maintain said private storm water treatment facilities to permit access to said facilities. Repairs and maintenance under this Agreement shall include, but are not limited to, repairing access roadbeds, repairing and maintaining drainage structures, removing debris, if any, and other work reasonably necessary and proper to repair and preserve the private storm water treatment facilities for their intended purposes. 5. If there is a covenant, agreement, or other obligation imposed as a condition of the development, the obligation to repair and maintain the private storm water treatment facilities as herein set forth shall commence when improvements have been completed and approved by the City. 6. Any extraordinary repair required to correct damage to said storm water treatment facilities that results from action taken or contracted for by the owners or their successors in interest shall be paid for by the party taking action or a extraordinary repair. The repair shall be such as to restore ore rthe storm water treatment th ce I ties for the condition existing prior to said damage. the 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. Nothing in the Agreement, the specifications or other contract documents or City's approval 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 t an of the each of its officials, directors, officers, employees and agents, shall have no responsibility Iornliabilnd therefore. liability 11. 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. 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 an 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 presentsy including without limitation, the right of any person entitled to enforce the terms of this Agreement to \\KRUSTY\VOL1\SHARED\ENG\Tamara\Word\C venantpvt s\ .road&drain.m.a\7874-G, 02- 218 CDP, Moore, 236 Leucadia Blvd, stormwater treatment maintenance 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. 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. 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 i California Civil Code Section 1351(x), anything in this Agreement to the contrary notwithstanding, p following provisions shall apply at and during such time as (i) the Property n "Declaration" (as defined in California Civil Code Section 1351(h), and (ii) the Common Area of the rty is encumbered by a 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 n 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 o assessments shall be deposited in the Association's corporate accounpursuant to the Declaration. The (b) The provisions in the Declaration which provide for assessment liens in favor Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entire N individual owners shall have the right to alter, maintain or repair any of the Common Area (as defined f the California Civil Code Section 1351(b) in the Property entirety o p rty except as may be allowed by the Declaration. ed in (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. This IN WITNESS WHEREOF, the parties have executed this Agreement of �s 2003. Developer: � Max Moore M X. CJG� Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. \\KRUSTY\VOL1\SHARED\ENG\Tamara\Word\Covenants\pvt.road&drain.m.a 7874-G 218 CDP, Moore, 236 Leucadia Blvd, stormwater treatment maintenance _._ \ 02- Exhibit A: Legal Description of Property APN 254-325-64 Parcel 3 of Parcel Map 16471, in the City of Encinitas, County of San Diego, State of California, filed i Office of the County Recorder of San Diego County, May 13, 1991 as file/page no 1991-223507 of official records. n the cial \\KRUSTY\VOL1\SHARED\ENG\Tamara\Word\Covenants\peatment vt. 218 CDP, Moore, 236 Leucadia Blvd, st trd&dra maintenance in. 874-G, 02- ormwater Exhibit B: Legal Description or Plat Private Storm Water Treatment Facilities APN 254-325-64 9e 45 FJ 8g 6 FC 9g)S r --- —° N74'1654 E (90.83) 9895 f! S/Gf SfT I � -�----"--'—"-- i Ic I 9895 9 u I ' = 89 5' /y 984 F� I I 2 SET C� jJ� SfWERfq 18 I I sf NfNJ R�ppsf0 99,?F 2, 2 I I --9`99 2T Y�'fSi I 19g J5 I �`��95 q 9° �FNCe I I o� J FF=98.67 I I �W I Jz TA I"' l I 49B33FS r4 _ I 2 12 60 I / ?98 Y� n 9j 4 \� 98 J5 9e 45 FS I B i l sx s R Fs I es FS I — =-------- ` N74.16'S4 E (81.71) --•—"----------------.---. g? 4.16'54 S' --�---- �-- �32ti 9,�F� TA ss fj /Gf SETgQC,Jr N74 E(20.00) 9 2 98 J TC STOR FS w _ Denotes Private Storm Water Treatment Facilities to be Privately Maintained uvncrv\vnr.I \CAARFII\FN(;\Tamara\Word\Covenants\pvt.road&drain.m.a\7874-G, 02- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ��c �_ ) ss. i nc 16 C d3 On before me, CyZ)cJ2, ��- �'�i Date Name and Title of Officer(e.g., Jane Dce,Notary Public-) personally appeared /9214,r I-)?6 Names)of Sryner(s) ❑ personally known to me k-proved to me on the basis of satisfactory �»• evidence t MOA G:1►lILLJQIJR to be the person(s) whose name(s) rre n 91389205 subscribed to the wiMhhe/they' instrument and a"btsry Publk•GMNor is acknowledged to me tha executed S°DNVo County the same in his er/their horized My ConMnittbn Exp,Jm.6,2007 ca acit ies , an � P y( ) at by his er/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. Place Notary Seal Above C �G �Y bp6ature of Notary P Though the information below is not required b���tONA 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): Top of thumb here O Partner—❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 THE WS ORIGINAL Of THIS DocuMENT RECORDED ON SUN 12, 2^^3 DENT OBER 2003-06%jo3s3 Recording Requested by: ) p V' H, CC T RECORDER Engineer W I Y ) TIi'E: 11:26 AM 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: 254-325-64 Project No. CDP 02-218 (BP 03-246) A. Max Moore a married man as his sole and separate property, ( "OWNER" hereinafter) is the owner of real property which is commonly known as 236 Leucadia Boulevard, hereinafter) and which is legally described as follows : ( "PROPERTY PARCEL 3 OF PARCEL MAP NO. ENCINITAS, COUNTY OF SAN DIEGO,64STATE I OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 13, 1991 AS FILE/PAGE NO. , 1991-223507 OF OFFICIAL RECORDS. B. In consideration of Coastal Development Permit 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: No protest shall be made by proceedings for the installation the acqu owners to any r street improvements acquisition of utility lines, under any special assessme gr 19141 o of Municipal Improvement Act or the Of 1913, or any other applicable state or local law, and whether processed by the City of Encinitas or any other governmental entity waiver. doc tco 05/27/03 (01-11-93) having jurisdiction in the matter and for the of determining property owners su of pport for same. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, assigns of the respective parties . transferees and D. OWNER agrees that OWNER' s duties and obligations under this Covenant are a lien upon the PROPERTY. opportunity to respond, CITY may Upon notice and Y 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 obligations contained herein, OWNER °f OWNER' s duties and execute a may request and CITY shall "Satisfaction of Covenant" . H. By action of the City Council, person or persons impacted b CITY may assign to a the right to enforce this Covenant against OWNER of this Covenant, ACCEPTED AND AGREED: OWNER Dated G, _ � C3 ,- C 3 (Print name:) Max Moore Dated (Print name:) J (Notarization of OWNER signature is attached) waiver.doc tco 05/27/03 (01-11-93) ITY F.„ E ITAS Dated �, (Notarization not re by quired) Peter Cota- Robles, Director of Engineering Services waiver.doc tco 05/27/03 (01-11-93) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �i County of � ss. On rzp o� �� before me, �r PLI l i� Datte o �I7 Name and Title of OKcer(e.g.,"Jane Doe,Notary Public•) Personally appeared / � Names)of Signers) ') 4 p"sonally known to me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(is re --�»••.. subscribed to the withi instrument and RANOA t"i: �+ILuouR� acknowledged to me fie/ he/they executed Q01205 the same in h_is r/their horized • capacity(ies), and that by his/ r/their My sin�O�y signatures) on the,instrument th • '4'2007 the entity upon behalf of which the person(s) ( acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above L,.,/ S lure of Notary Pub' Though the in/ormation below is not required bylaw,it may prove pe ons and could prevent fraudulent removal and reattachment of this)fotrm to anotherl document. document ying on the Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): Top of thumb here ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1997 National Notary association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 97313-2402 Prod.No.5907 Reorder:Call Toll-Free 7-800-876-6827