2004-377769REOpkVC REQUESTED SY )
When Recorded Mail To: )
District Clerk )
San Dieguito Water District )
505 So. Vulcan Ave. )
Encinitas, CA 92024 )
l~
For the Benefit of the District
le L
Assessor's Parcel No. 216-052-11
DOC 2-004-0377769
APR ~8 2004 : ® F°r i
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
NOTICE OF COMPLETION
Agreement No. A-0064
1. Merle Beach Estates, Inc., did on the l" day of April, 2003, 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 4 dual water services, 1 new fire hydrant, 2-2" blow offs, 2 Manual Air Releases, within the
San Dieguito Water District water easement adjacent to Andrew Avenue 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 24th day of March, 2004.
4. Certificate of Deposit No. 018005751 from Southwest Community Bank in the amount of
$23,661.00 may be released at this time.
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: (~°;Ci~ SAN DIEGUITO WATER DISTRICT
I IV -4, A -24
Clerk of the Board
I, Deborah Cervone, Clerk of the San Dieguito Water District, a political subdivision of the
City of Encinitas, County of San Diego, State of California, which is the owner of the public
work "Improvements Required as Condition on Final Approval of Subdivision of Real
Property construction and installation of 4 dual water services, 1 new fire hydrant, 2-2"
blow offs, 2 manual air releases with water easement adjacent to Andrew Avenue"
described within the Notice of Completion executed by said San Dieguito Water District, 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 San Dieguito Water District.
Date: c ' V
Deborah Cervone, Board Clerk
STATE OF CALIFORNIA)
ss
County of San Diego)
On 2004, before me, Gt ~personally appeared Deborah Cervone, personally known to me to be person whose
name is subscribed to the within instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the instrument the person or
the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
~6, n
Notary Public CLAMMA MKV"
C.omftftn • 14"064
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k my hM - CaronMd
tan OMpo Counter
NyCcnMn.b;lMosOdib,
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June 1, 2005
Southwest Community Bank
277 N. El Camino Real
Encinitas, CA 92024
Re: Release of Certificate of Deposit No. 018005744 for Water Improvements for 194
Andrew Avenue, Agreement No. A-0064
To Whom It May Concern:
Water improvements constructed by Merle Beach Estates, Inc., for a project located at
194 Andrew Avenue have been completed to the satisfaction of the San Dieguito Water
District.. Therefore, the District has determined that Certificate of Deposit No.
018005744 in the amount of $7,887.00 may be released at this time.
If you have any question, please contact me at (760) 633-2862.
Sincerely
Enclosed
Released to
Print Name
G j_
Date
Time Certificate of Deposit
Financial Institution: Southwest Community Bank, Encinitas Office - Headquarters
277 N. El Camino Real, Encinitas, CA 92024
011236
Account Name: MICHAEL D. MCCARTER PAYABLE TO THE SAN DIEGUITO SSNITIN: 310-50-0011
WATER DISTRICT
Account Number
Issue Date
Deposit Amount
ity Date
018005751
June 19, 2003
$23,661.00 7
7 July 21, 2003
Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 0.50% with
an annual percentage yield of 0.50%.
The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until July 21, 2003.
Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks). Interest will be
compounded monthly and will be credited to the account monthly. Interest on your account will be credited by adding the Interest to the
principal.
Balance Information: We use the daily balance method to calculate the interest on the account. This method applies a daily periodic rate to
the principal in the account each day. We will use an interest accrual basis of 365 for each day in the year.
Limitations: You must deposit $2,500.00 to open this account. You may not make additional deposits into this account. You may not make
withdrawals from your account until the maturity date.
Time Account Information: Your account will mature on July 21, 2003. If you withdraw any of the principal before the maturity date we will
impose a penalty of 30 days of interest. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will
reduce earnings. This account will automatically renew. You will have 10 business days after the maturity date to withdraw funds without
penalty.
Account Fees: The following fees apply to this account: Returned Item: $7.50; Research Bank Records: $40.00 per hour ($40 minimum);
Microfilm/Image Copy: $2.00 each copy; Legal Process: $50.00; Statement (Interim) : $5.00; Account Balancing: $40.00 per hour ($40.00
minimum); Bookkeeping Inquiry: $2.00; Undeliverable Mail: $3.00; Statement (Duplicate): $15.00; Hold Mail: $4.00; Telephone Trsfr (Branch):
$5.00; Wire Transfer Domestic: $10.00 Incoming; $25.00 Outgoing; Wire Transfer Foreign: $30.00 Incoming; $30.00 plus costs Outgoing; Wire
Transfer Tracer: $5.00 Domestic; $15.00 Foreign plus costs; Escheat Notice Fee: $2.00; Special Cutoff Statement: $5.00; and Original Checks
Returned w/Statement: $7.00.
NON TRANSFERABLE - NON NEGOTIABLE
Member
FDIC
Signature and Ti a of horized ncial Institution Signer
TIME CERTIFICATE OF DEPOSIT - CERTIFICATE'0 DEP SIT (30-59 DAYS)
We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that
are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the
Deposit Amount indicated, and has agreed to keep th e funds on deposit until the Maturity Date. As used in this Agreement, the words "you", " our" or
yours" mean the Account Holder(s), the word "Account" means this Time Deposit Agr
eement Account and the word "Agreement" means this Time
Certificate of Deposit Agreement, and the words "we", "us" and "our" mean the Financial Insttlon. This Account is effective as of the Issue Date and
ltu
is valid as of the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account.
Deposits of foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records.
INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is
based upon the interest accrual basis described above.
AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above the principal amount and all paid earned interest that
has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original deposit term. If the deposit term
causes the maturity date to fall on Saturday, Sunday, or a holiday, the maturity date will be adjusted to the next business day. Interest on renewed
accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw funds from
your Account, you must notify us during the grace period after the Maturity Date.
EARLY WITHDRAWAL PENALTY. You have agreed to keep. the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or
part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if
granted, the penalty as specified above will apply.
Minimum Required Penalty. If you withdraw money within six (6) days after the date of deposit, the Minimum Required Penalty is seven (7)
days' simple interest on the withdrawn funds. If partial early withdrawal(s) are permitted, we are required to impose the Minimum Required Penalty
on the amount(s) withdrawn within six (6) days after each partial withdrawal. The early withdrawal penalty may be more than the Minimum Required
Penalty. You pay the early withdrawal penalty by forfeiting part of the accrued interest on the Account. If your Account has not earned enough
interest, or if the interest has been paid, we take the difference from the principal amount of your Account.
Exceptions. We may let you withdraw money from your Account before the Maturity Date without an early withdrawal enalty: (1) when one
or more of you dies or is determined I ly incompetent by a court or other administrative body of competent jurisdiction; or (2Fwhen the Account is
an Individual Retirement Account (IRAestablis in accordance with 26 USC 408 and the money is paid within seven (7) days after the Account is
opened; or (3) when the Account is a Keogh Plan (K h), if you forfeit at least the interest earned on the withdrawn funds; or (4) If the Account is
an IRA or a Keogh Plan established pursuant to 26 USC 408 or 26 USC 401, when you reach age age 59 1/2 or become disabled; or (5) within an
applicable grace period (if any).
RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff or security interest against any and all of your Accounts (except
IRA, Keogh plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent,
whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees loans, attachments, garnishments, levies,
attorneys' fees, or other obligations. If the account is a joint or multiple-party account, each joint or mDtipie-party account holder authorizes us to
exercise our right of setoff against any and all Accounts of each account holder.
OTHER ACCOUNT RULES. The following rules also apply to the Account.
Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close
your Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us
harmless from liability, prior to our honoring your withdrawal or request.
Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that
we may hold the funds in your Account until we have received all required documentation and instructions.
DEPOSIT PRO. R.O. U.S. ft1. 0 T.M. OFF.. VW. 0.0N col 2000 CFI PmSwvlor, In". AN RVU P-d. CA - LT00
CUSTOMER COPY
Indemnity. If you ask us to follow instructions that we believe might expose us to any claim, liability or damages, we may refuse to follow your
instructions or may require a bond or other protection, including your agreement to indemnity us.
Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations
secured by your Account are satisfied.
SURRENDER OF TIME CERTIFICATE OF DEPOSIT
CD # 011236
This certificate is hereby surrendered. Date:
Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below.
ACCO NT AL
X
MICHAEL D. M CA TER
DEPOSIT PRO, Rep. U.B. P&L 8 T.M. OFF., VOr. 8.040 (e) 2003 CFI PMS-1-, Im AN RVft R -d. CA • L7W
CUSTOMER COPY
CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: March 24, 2004
TO: Board of Directors
lr
VIA: Kerry L. Miller, District ye
L
in H. Wurbs, Public o ector~~
FROM: SDWD Engineering &Planning Department
Bill O'Donnell, Senior Enginefiw
SUBJECT: Consideration of Acceptance of Public Water Improvements and Authorization to
File a "Notice of Completion" for Improvements Constructed by Merle Beach
Estates, Inc. for Property Located at 194 Andrew Avenue (APN 216-052-11).
BACKGROUND: On April 1, 2003, 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 Merle Beach Estates, Inc., owner of property located at 194
Andrew Avenue. The Covenant detailed the requirements for the construction and installation of
certain public potable water improvements.
ANALYSIS: The potable 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 potable water improvements.
FISCAL AND STAFF IMPACTS: 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
Merle Beach Estates, Inc. for property located at 194 Andrew Avenue.
N
February 18, 2004
SAN DIEGUITO
505 S. VULCAN AVENUE
ENCINITAS, CALIFORNIA 92024-3633
Southwest Community Bank
277 N. El Camino Real
Encinitas, CA 92024
(760) 633-2650
FAX (760) 633-2627
TDD (760) 633-2700
Re: Release of Certificate of Deposit No. 018005751 for Water Improvements for 194
Andrew Avenue, Agreement No. A-0064
To Whom It May Concern:
Water improvements constructed by Merle Beach Estates, Inc., for a project located at
194 Andrew Avenue have been completed to the satisfaction of the San Dieguito Water
District. Therefore, the District has determined that Certificate of Deposit No.
018005751 in the amount of $23,661.00 may be released at this time.
If you have any question, please contact me at (760) 633-2862.
4Lee
Assistant Engineer
Enclosed
r..
Released to
Print Name
Date
WATER DISTRICT
`cu recycled paper
Time Certificate of Deposit
Financial Institution: Southwest Community Bank, Encinitas Office - Headquarters
277 N. El Camino Real, Encinitas, CA 92024
011236
Account Name: MICHAEL D. MCCARTER PAYABLE TO THE SAN DIEGUITO SSN/TIN: 310-50-0011
WATER DISTRICT
Account Number
Issue Date
Deposit Amount
Maturity Date
018005751
June 19, 2003
$23,661.00
July 21, 2003
Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 0.50% with
an annual percentage yield of 0.50%.
The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until July 21, 2003.
Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks). Interest will be
compounded monthly and will be credited to the account monthly. Interest on your account will be credited by adding the Interest to the
principal.
Balance Information: We use the daily balance method to calculate the interest on the account. This method applies a daily periodic rate to
the principal in the account each day. We will use an interest accrual basis of 365 for each day in the year.
Limitations: You must deposit $2,500.00 to open this account. You may not make additional deposits into this account. You may not make
withdrawals from your account until the maturity date.
Time Account Information: Your account will mature on July 21, 2003. If you withdraw any of the principal before the maturity date we will
impose a penalty of 30 days of interest. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will
reduce earnings. This account will automatically renew. You will have 10 business days after the maturity date to withdraw funds without
penalty.
Account Fees: The following fees apply to this account: Returned Item: $7.50; Research Bank Records: $40.00 per hour ($40 minimum);
Microfilm/Image Copy: $2.00 each copy; Legal Process: $50.00; Statement (Interim) : $5.00; Account Balancing: $40.00 per hour ($40.00
minimum); Bookkeeping Inquiry: $2.00; Undeliverable Mail: $3.00; Statement (Duplicate): $15.00; Hold Mail: $4.00; Telephone Trsfr (Branch):
$5.00; Wire Transfer Domestic: $10.00 Incoming; $25.00 Outgoing; Wire Transfer Foreign: $30.00 Incoming; $30.00 plus costs Outgoing; Wire
Transfer Tracer: $5.00 Domestic; $15.00 Foreign plus costs; Escheat Notice Fee: $2.00; Special Cutoff Statement: $5.00; and Original Checks
Returned w/Statement: $7.00.
NON TRANSFERABLE - NON NEGOTIABLE
Member
FDIC
Signature and Ti a of horized ' octal Institution Signer
- 0,~M J
TIME CERTIFICATE OF DEPOSIT - CERTIFICATE'j0 DEP SIT (30-59 DAYS)
We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that
MEffiffiffate o your Account. Each signer acknowledges that the Account Hold er named has placed on deposit with the Financial Institution the
unt indicated, and has agreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words "you", " our" or
n the Account Holder(s), the word "Account" means this Time Deposit Agreement Account and the word "Agreement" means this Time
f Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and
f the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account.
oreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records.
INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is
based upon the interest accrual basis described above.
AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above, the principal amount and all paid earned interest that
has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original deposit term. If the deposit term
causes the maturity date to fall on Saturday, Sunday, or a holiday, the maturity date will be ad'usted to the next business day. Interest on renewed
accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw funds from
your Account, you must notify us during the grace period after the Maturity Date.
EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. An withdrawal of all or
part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if
granted, the penalty as specified above will apply.
Minimum Required Penalty. If you withdraw money within six (6) days after the date of deposit, the Minimum Required Penalty is seven (7)
days' simple interest on the withdrawn funds. If partial early withdrawal(s) are permitted, we are required to impose the Minimum Required Penalty
on the amount(s) withdrawn within six (6) days after each partial withdrawal. The early withdrawal penalty may be more than the Minimum Required
Penalty. You pay the early withdrawal penalty by forfeiting part of the accrued interest on the Account. If your Account has not earned enough
interest, or if the interest has been paid, we take the difference from the principal amount of your Account.
Exceptions. We may let you withdraw money from your Account before the Maturity Date without an early withdrawal nalty• (1) when one
or more of you dies or is determined le ally incompetent by a court or other administrative body of competent Jurisdiction; or (2w hen the Account is
an Individual Retirement Account (IRA?establised in accordance with 26 USC 408 and the money is paid within seven (7) days after the Account is
opened; or (3) when the Account is a Keogh Plan (Keoghif you forfeit at least the interest earned on the withdrawn funds; or (4) if the Account is
an IRA or a Keogh Plan established pursuant to 26 USC 408 or 26 USC 401, when you reach age age 59 1/2 or become disabled; or (5) within an
applicable grace period (if any).
RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff or security interest against any and all of your Accounts (except
IRA, Keogh plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent,
whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees loans, attachments, garnishments, levies,
attorneys' fees, or other obligations. If the account is a joint or multiple-party account, each joint or multiple-party account holder authorizes us to
exercise our right of setoff against any and all Accounts of each account holder.
OTHER ACCOUNT RULES. The following rules also apply to the Account.
Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close
your Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us
harmless from liability, prior to our honoring your withdrawal or request.
Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that
we may hold the funds in your Account until we have received all required documentation and instructions.
DEPOSIT PRO, Rep. U.S. Pet. & T.M. OFF., Vw. 6.049 (c) =1 CFI PmSa icw, Im. All FOgha R-d. CA - L760
CUSTOMER COPY
Indemnity. If you ask us to follow instructions that we believe might expose us to any claim, liability or damages, we may refuse to follow your
instructions or may require a bond or other protection, including your agreement to indemnify us.
Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations
secured by your Account are satisfied.
SURRENDER OF TIME CERTIFICATE OF DEPOSIT
CD # 011236
This certificate is hereby surrendered. Date: U 4 N "2 3
Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below.
AC7NT AL
X /
MICHAEL D. M CA TER
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DEPOSIT PRO, Reg. U.S. Pe, 6 T.M. OFF., Vw, /.P (O) 2 CFI N Se I-, Ina. AN Righb Reserved. CA - VSO
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