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2003-873277n 12~ RECORDING REQUEUEDOY ) When Recorded Mail To: ) District Clerk ) San Dieguito Water District ) 505 South. Vulcan Ave. ) Encinitas, CA 92024 ) For the Benefit of the District X003- 2 77, JUL. 22, 2003 4:1.5 1-. ph 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-0049 1. K. Hovnanian Companies of Southern California, Inc., on the 23rd day of May, 2001, 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 3,280 feet of 16-inch and 1,192 feet of 8-inch PVC water main, along with new services and appurtenances, within the roads known as Lynwood Drive, Jensen Court and Pasco 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 26th day of March, 2003. 4. Subdivision Bond No. 11-3356-4788 from The American Insurance Company in the amount of $441,456.00 may be released at this time. The District will retain a Certificate Deposit in the amount of $147,152.00, 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: 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 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- ~~Q k-jl 1.4 -A --k 1--x (24 Deborah Cervone, Board Clerk STATE OF CALIFORNIA) ss County of San Diego) On Ap/rekl , 20 , before me,? 0/ fI/LL~l~AIIX , /R/-~ f VV-/C personally appeared Ptcr,'.~f personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) "e name(s)( are subscribed to a within instrument and acknowledged to me that h "h hey executed the same in hi er/ heir authorized capacity(ies), and that by hi er their signature(s) on the instrument a person(s) or the entity upon behalf of which t ee person(s) acted, executed the instrument. WITNESS my hand and official seal. «.V-0 - - RANOA G MILUOUR LZ22° Commission #1389205 < Notary Public • California Nota Public > San Diego County owl lion UP. Jan. 6. 2007 SAN IUI WATER DISTRICT (760) 633-2650 505 S. VULCAN AVENUE FAX (760) 633-2627 ENCINITAS, CALIFORNIA 92024-3633 TDD (760) 633-2700 August 9, 2004 Bank of America 231 S. La Salle Street, 171h Floor Chicago, IL 60697 post-it® Fax Note Re: Release of Letter of Credit No. 7405464 for Water Improvements for a Subdivision Developed by K. Hovanian at Encinitas Ranch, LLC, Agreement No. A-0049. To Whom It May Concern: Water improvements constructed by K. Hovanian at Encinitas Ranch, LLC, for a project located on the eastside of Quail Gardens Drive have been completed to the satisfaction of the San Dieguito Water District. Therefore, the District has determined that Letter of Credit No. 7405464 in the amount of $147,152.00 may be released at this time. Enclosed Rele sed to Print Name /I/. ioq Date If you have any question, please contact me at (760) 633-2862. Sincerely, 4are e As sistant Engineer t" recycled paper SAN MEGU~ WATER M T I T (760) 633-2650 505 S. VULCAN AVENUE FAX (760) 633-2627 ENCINITAS, CALIFORNIA 92024-3633 TDD (760) 633-2700 August 9, 2004 The American Insurance Company 5 Peters Canyon Irvine, CA 92606 Re: Release of Subdivision Bond No. 111 3356 4788 Held for Security for Water Improvements for a Subdivision Developed by K. Hovanian at Encinitas Ranch, LLC, Agreement No. A-0049. To Whom It May Concenz: Water improvements constructed by K. Hovanian at Encinitas Ranch, LLC for a project located eastside of Quail Gardens Drive have been completed to the satisfaction of the San Dieguito Water District. Therefore, the District has determined that Subdivision Bond No. 111 3356 4788 in the amount of $441,456.00 may be released at this time. If you have any questions, please call me at (760) 633-2862. Sincerely, 4LeeG Assistant Engineer Enclosure Released to Print Name Date recycled paper FF CITY OF ENCINITAS SAN DIEGUITO WATER DISTRICT AGENDA REPORT Meeting Date: March 26, 2003 TO: VIA: Board of Directors Kerry L. Miller, Lin H. Wurbs, F FOR YOUR RECORDS From City Clerk FROM: SDWD Engineering & Planning Department Bill O'Donnell, Senior Engine SUBJECT: Consideration of Acceptance of Public Water Improvements and Authorization to File a "Notice of Completion" for Improvements Constructed by K. Hovnanian Companies of Southern California, Inc., for Property Located on the East Side of Quail Gardens Drive within Encinitas Ranch (APNs 254-614-01,02,05 and 257- 020-01). BACKGROUND: On May 23, 2001, 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 K. Hovnanian Companies of Southern California, .Inc., 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 water improvements. ANALYSIS: The potable water improvements were installed in accordance with District approved plans and specifications, under District inspection. 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 K. Hovnanian Companies of Southern California, Inc., located along the east side of Quail Gardens Drive.