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2003-434066IOC 2003-043+066 FII WADING_REQUESTE[}SY' ) When Recorded Mail To: (;4'f1DEistrict Clerk ) \ San Dieguito Water District ) 505 South. Vulcan Ave. ) Encinitas, CA 92024 1 For the Benefit of the District APR 15, 2003 4:03 PM OFFICIAL RECORDS' SEW DIEGO COMITY RECURDER'S OFFICE GREGORY J. SMITH, COMITY RECORDER FEES: 0.00 NOTICE OF COMPLETION Assessor's Parcel No. 258-252-51 to 64 Agreement No. A-0037 1. Newcrest Homes, did on the 28th day of January, 2000, enter into a "Lien Covenant Regarding Real Property: Improvements Required as Condition on Final Approval of Subdivision of Real Property" with the San Dieguito Water District. The Agreement detailed the requirements for the construction and installation of 604 feet of 8" and 76 feet of 4 PVC water main, along with new services and appurtenances, within the public road known as Park Lane in the City of Encinitas. 2. Said Covenant, including the plans and specifications for said improvements, is on file in the Office of the Clerk of the Board of Directors. 3. Said improvements were completed by the owners and accepted by the San Dieguito Water District Board of Directors on the 27th day of June, 2001. 4. Performance Bond No. SD00086729 from Frontier Pacific in the amount of $46,485.00 may be released at this time. The District will retain Letter of Credit No. SM412221 C the amount of $15,495.00, which shall be released at the end of the one-year warranty period. 5. All requirements of said Covenant have hereby been satisfied except for warranty. 6. Neither acceptance of said improvements by the Board of Directors nor this Notice constitute a waiver of any defects in the work of the construction or installation of said improvements. Dated: ~do I SAN DIEGUITO WATER DISTRICT Clerk of the Board I, Deborah Cervone, City Clerk of the City of Encinitas, a political subdivision of the County of San Diego, State of California, which is the owner of the public work described within the Notice of Completion executed by said City of Encinitas, do hereby certify that I have read the same and know the contents thereof and that the facts therein stated are true to the best of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I make this verification for and on behalf of the City of Encinitas. Date: C, L, q / C) Deborah Cervone, City Clerk STATE OF CALIFORNIA) ) ss County of San Diego) On this , day of Est / , 200/ , before me, the undersigned, a Notary Public in and for said Sta e, personally appeared Deborah Cervone, personally known to me to be the person who executed the within instrument as City Clerk of the City of Encinitas, and acknowledged to me that she executed it in behalf of the City of Encinitas pursuant to its by-laws or a resolution of the City Council. WITNESS my hand and official seal. q~u Notary Public CITY OF ENCINITAS SAN DIEGUITO WATER DISTRICT AGENDA REPORT Meeting Date: June 27, 2001. TO: Board of Directors C6 P VIA: Kerry L. Miller, District Secret , Lin H. Wurbs, Public Works Director (Lr/ FROM: SDWD Engineering & Planning Department Bill O'Donnell, Water Utility Planne SUBJECT: Consideration of Acceptance of Public Water Improvements and Authorization to File a "Notice of Completion" for Improvements Constructed by Newcrest Homes Located Along the East Side of Regal Road (APNs 258-252-51 to 64). BACKGROUND: On January 28, 2000, the San Dieguito Water District entered into a "Lien Covenant Regarding Real Property: Improvements Required as Condition on Final Approval of Subdivision of Real Property" with Newcrest Homes, owner of property located along the east side of Regal Road. The Covenant detailed the requirements for the construction and installation of certain public water improvements. ANALYSIS: The water improvements were installed in accordance with District approved plans and specifications, under District inspection. District staff has no objections to filing the "Notice of Completion." A 25% retention of security will be held for one year to cover warranty of improvements. FISCAL AND STAFF IMPACT: Future expenses will be incurred for maintenance of the new water improvements. Funds to cover the cost of said maintenance are collected through the sale of water. RECOMMENDATION: Accept public water improvements and authorize the District Manager or their designee to file a "Notice of Completion" for improvements constructed by Newcrest Homes, located along the east side of Regal Road. CITY OF ENCINITAS SAN DIEGUITO WATER DISTRICT AGENDA REPORT Meeting Date: January 26, 2000 TO: Board of Directors hORY'OURRECORDS 0 Ft'OtT) riftyC191k VIA: Kerry L. Miller, District Mana J Lin H. Wurbs, Interim Public ks Director e# FROM: SDWD Engineering & Planning Department Bill O'Donnell, Water Utility Planner SUBJECT: Authorization to Enter Into a "Lien Covenant Regarding Real Property: Improvements Required as Condition of Final Approval of Subdivision of Real Property" with Newcrest Homes for Property Located Along the East Side of Regal Road (APN 258-252-03). BACKGROUND: On July 23, 1998, the City of Encinitas Planning Commission approved Tentative Map No. 98-071 consisting of a 14-lot subdivision of land. The owner is in the process of finalizing the map and is prepared to enter into a Lien Covenant with the District. ANALYSIS: In order to meet water requirements for the project, 604 feet of 8-inch and 76 feet of 4-inch PVC water main, along with new services and appurtenances are required to be installed to provide domestic and fire-flow needs. The District's work force is not geared to install projects of this size without creating hardships on normal operations. For this reason, the District has requested that the owner enter into a Lien Covenant with the District in which the owner agrees to provide a properly licensed contractor to install water improvements under District inspection. The District has been provided with the required information for this project. The owner agrees to bear all costs for improvements and abide by District rules, regulations and specifications. FISCAL AND STAFF IMPACT: The Lien Covenant requires all inspection services provided by the District to be paid for by the owner. Future District expenses will be incurred for the maintenance of the new water improvements, once they are accepted. Funding for said maintenance is covered through the sale of water. RECOMMENDATION: Authorize the District Manager to enter into a "Lien Covenant Regarding Real Property: Improvements Required as Condition of Final Approval of Subdivision of Real Property" with Newcrest Homes for property located along the east side of Regal Road.