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2003-434068CITY OF ENCINITAS SAN DIEGUITO WATER DISTRICT . AGENDA REPORT Meeting Date: August 28, 2002 TO: Board of Directors VIA: Kerry L. Miller, District ecr t FOR YOUR RECORDS JY6;) Lin H. Wurbs, Public o irector From City Clerk FROM: SDWD Engineering & Planning Department Bill O'Donnell, Associate Enginee~p SUBJECT: Consideration of Acceptance of Public Water Improvements and Authorization to File a "Notice of Completion" for Improvements Constructed by Cornerstone Communities for Property Located Along Quail Gardens Drive (APNs 254-614- 01,02,05 and 257-020-01). BACKGROUND: On August 23, 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 Cornerstone Communities, owner of property located along the east side of Quail Gardens Drive. The Covenant detailed the requirements for the construction and installation of certain public potable and recycled water improvements. ANALYSIS: The potable water improvements were installed in accordance with District approved plans and specifications, under District inspection. Recycled water improvements were inspected by District personnel for SEJPA. Provided SEJPA staff concurs, 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 and recycled 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 Cornerstone Communities, located along the east side of Quail Gardens Drive. REGORDWO REQUEST'EO BY ) n When Recorded Mail To: ) v \vI District Clerk ) San Dieguito Water District ) `I 505 South. Vulcan Ave. ) T Encinitas, CA 92024 For the Benefit of the District IDOL 2003-0434060 APR 15 a 2003 4:03 Pri OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 NOTICE OF COMPLETION Assessor's Parcel Nos. 254-614-01,02,05 & 257-020-01 Agreement No. A-0041 1. Cornerstone Communities, did on the 23rd day of August, 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 1,011 feet of 16-inch and 2,189 feet of 8-inch PVC water main, along with new services and appurtenances, within the roads known as Quail Gardens Drive, Paseo de las Verdes and Paseo de la Flores 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 28th day of August, 2002. 4. Subdivision Bond No. 3SM-987-564-00 from American Motorists Insurance Company in the amount of $495,048.75 may be released at this time. The District will retain a Certificate Deposit in the amount of $165,016.25, 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: OU4 SAN DIEGUITO WATER DISTRICT 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 "covenant: improvements required as condition on final approval of subdivision of Real Property" 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: LI:I~A eborah Cervone, Board Clerk` STATE OF CALIFORNIA) ss County of San Diego) On 01-Lr, _ , 20 before me, 0A U ;6kCC personally appeared a d eUtJOAI) E- personally known to me (or proved to me on the basis of satisfactory evidence) to be t e person(s) whose name(s) ><s re subscribed to a within instrument and acknowledged to me that h s e hey executed the same in hi a heir authorized capacity(ies), and that by hi fte / heir signature(s) on the instrument the person(s) or the entity upon behalf of which pe rson(s) acted, executed the instrument. WITNESS my hand and official seal. Teu,,C-~ Gk C e Notary ublic r OFFICIAL SEAL RANDA G. MILLJOUR NOTARY PUBLIC-CALIFORNIA' COMM. NO. 1204250 SAN DIEGO COUNTY ` MY COMM. EXP. JAN. 6,2003