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EDM Appendix 1APPENDIX CHAPTER is MAP AND PARCEL MAP PROCESSING AND PREPARATION REQUIREMENTS ENGINEERING DESIGN MANUAL OCTOBER 28, 2009 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Table of Contents APPENDIX 1 - MAP AND PARCEL MAP PREPARATION AND PROCESSING REQUIREMENTS Subiect Page 1.1 Initial Submittal Requirement List, Final Maps and 1 -1 Final Parcel Maps 1.2 Engineering Development Application 1 -2 1.3 Schedule of Fees for Engineering Development Projects 1 -3 1.4 Planning Department Schedule of Fees 1 -5 1.5 Approval and Subordination Memos 1 -7 (a) Instructions for Obtaining Signatures 1 -7 (b) Fire Department Memo 1 -8 (c) Parks and Recreation Memo 1 -9 (d) Planning Department Memo 1 -10 (e) Public Works Department Memo 1 -11 (f) Leucadia Wastewater District Memo 1 -12 (g) Olivenhain Municipal Water District Memo 1 -13 (h) San Dieguito Water District Memo 1 -14 1.6 Final Map /Parcel Map Review List 1 -15 1.7 Financial Information (a) Posting Surety for Development Projects 1 -20 (b) Miscellaneous Assignment of Account 1 -21 (c) Instructions: Completion of Irrevocable Standby 1 -22 Letter of Credit 1.8 Digital Submittal Guidelines for Final Maps /Parcel Maps 1 -28 1.9 Sample Map Title Sheet 1 -29 1.10 California All- Purpose Notary Acknowledgment 1 -30 1.11 Joint Use Agreement 1 -31 1.12 Map/ PM Signature Statements for Various Forms of Ownership 1 -35 1.13 City of Encinitas Survey Control Network and Monument Description Sheets (a) ROS 18416 1 -40 CHAPTER 1 APPENDIX PAGE i CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Table of Contents APPENDIX 1 - CONTINUED Subiect Page (b) ROS 18416 Benchmark Data Sheets 1 -46 (c) ROS 19379 1 -97 (d) ROS 20188 1 -98 1.14 Standard Drawing DS -16 1 -99 1.15 Certificate of Correction for Map Modification 1 -100 1.16 Certificate of Correction for Map Error 1 -101 1.17 Condo Conversion /Parcel Map Waiver Procedures and 1 -102 Requirements 1.18 Hold Harmless for Bluff Failure or Drainage Covenant 1 -116 1.19 Private Facilities Maintenance Agreement 1 -122 1.20 Covenant for the Construction of Public Improvements 1 -131 1.21 Encroachment and Removal Covenant 1 -142 1.22 Document Omitted 1 -147 1.23 Covenant for the Construction of Private Improvements 1 -150 1.24 Covenant for the Future Payment of Fees 1 -161 1.25 Private Stormwater Treatment Facilities Maintenance Agreement 1 -165 1.26 Resolution 2009 -52 for Dedication of Easement for Public Street 1 -175 1.27 Resolution 2009 -53 for Dedication of Public Easement for Private Street 1 -179 1.28 Resolution 2009 -58 for Dedication of Public Drainage Easement 1 -183 1.29 Resolution 2009 -54 for Dedication of Public Sewer Easement 1 -187 1.30 Resolution 2009 -55 for Dedication of Drainage /Sewer Access Easement 1 -191 1.31 Resolution 2009 -56 for Dedication of Public Flowage Easement 1 -195 1.32 Resolution 2009 -57 for Dedication of Clear Space Easement 1 -199 1.33 Resolution 2009 -59 for Dedication of Slope and Public Drainage Easement 1 -203 1.34 Resolution 2009 -60 for Dedication of Recreational Trail Easement 1 -207 1.35 Resolution 2009 -61 for Dedication of Pedestrian, Drainage, and G.U.E. 1 -211 1.36 Resolution 2009 -62 for Dedication of Pedestrian Easement 1 -215 1.37 Resolution 2009 -63 for Dedication of General Utility Easement 1 -219 PAGE ii CHAPTER 1 APPENDIX CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 -� FINAL MAP/ FINAL PARCEL MAP INITIAL SUBMITTAL REQUIREMENT LIST A first submittal for Final Map or Final Parcel Map processing must contain the following items: ® Blueline prints of the Final Map or Final Parcel Map • 6 copies if project is in Olivenhain Municipal Water District (OMWD) or Leucadia Wastewater District (LWD). • 7 copies if in the San Dieguito Water District (SDWD). ® Approved Tentative Final Map (TM) or Approved Tentative Parcel Map (TPM). • 2 copies ® Resolution of Approval or Notice of Decision, with project conditions. • 2 copies ® Traverse Calculations, including NAD83 ties and easement closures. • 2 copies ® Preliminary Title Report, less than 3 months old. • 2 copies ® Copies of all documents listed in the Preliminary Title Report, including Vesting Deed. • 2 copies ® Reference Maps. • 1 copy ®Corporate /Partnership papers, as appropriate. • 2 copies ® Instructions for the distribution of any existing sewer EDLI's amongst the newly created parcels. • 2 copies ®Legal Description /Plat /Cost Estimate, as needed to prepare any easements/covenants. • 2 copies ®Deferred Monumentation Letter, if applicable • 2 copies ® Access Letter, if applicable. • 2 copies ® Covenants /Conditions/Restrictions, private, if applicable. • 2 copies ® Submittal Fee /Deposit. ® Completed and signed Engineering Development Application. If submitted together with a Grading Plan and /or Improvement Plan, the items can serve for both submittals. APPENDIX 1.1 PAGE 1 -1 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 APPLICATION NO. ENGINEERING DEVELOPMENT APPLICATION JOB SITE ADDRESS ASSESSOR PARCEL NUMBER CIVIL ENGINEER INFORMATION PROPERTY OWNER INFORMATION NAME NAME STREET ADDRESS STREET ADDRESS (MAILING) CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE TELEPHONE REGISTRATION NO. TELEPHONE EMAIL EMAIL SOILS ENGINEER INFORMATION CONTRACTOR INFORMATION NAME NAME STREET ADDRESS STREET ADDRESS (MAILING) CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE TELEPHONE REGISTRATION NO. TELEPHONE STATE LIC. # & TYPE EMAIL EMAIL DESCRIPTION OF WORK TO BE DONE CASE NO. SIGNATURE DATE TELEPHONE PRINT NAME EMAIL PLANNING DEPARTMENT REVIEW OK FOR SUBMITTAL TO PLAN /MAP CHECK FOR: PLANNING CASE NO. ❑ GRADING PLAN ❑ FINAL MAP ❑ PARCEL MAP PLANNER DATE PAGE 1 -2 APPENDIX 1.2 REV 0 612 912 01 5 Engineering DIVISION SCHEDULE OF FEES Grading Permit Processing GradingPlan Check (GR)$1,747.00/ Sheet NPDES Plan Check (NP)$ 168.00/ Sheet Erosion Control Plan Check (EO)$190.00/ Sheet Simplified Grading (SG)$2,376.00 Construction ChangeMinor(C4) Over-the-Counter$ 220.00/ Sheet Construction ChangeMajor (C5)Submitted for Plan Check $468.00/ Sheet Construction Change New Sheet$ 1,604.00/ Sheet Inspection (GI) 5% of ACE Inspection (GI) Approved Cost Estimate > $100,000 $5,000 plus 3% of ACE over $100,000 NPDESInspection (NI& NG)Approve1.0% of ACE NPDESInspection (NI&NG)Approved Cost Estimate > $100,000 $1,000 plus 0.6% of ACE over $100,000 Public Improvement Processing Improvement Plan Check (IR)$2,230.00/ Sheet Construction Change Minor (C4) Over-the-Counter$ 220.00 Construction Change Major (C5) Submitted for Plan Check $468.00 Construction Change New Sheet$1,870.00/ Sheet Inspection (II) 5% of ACE Inspection (II) Approved Cost Estimate > $100,000$5,000 plus 3% of ACE over $100,000 NPDESInspection (NI& NG) 1.0% of ACE NPDESInspection (NI&NG)Approved Cost Estimate > $100,000$1,000 plus 0.6% of ACE over $100,000 Sewer Construction $ 440.00 Sewer Lateral Construction Permit (DCS, DES) $2,230.00/ Sheet Public Sewer Improvement Plan Check Fee (IR) Public Sewer Inspection (II) Approved Cost Estimate > $100,000 5% of ACE Public Sewer Inspection (II) Approved Cost Estimate > $100,000$5,000 plus 3% of ACE over $100,000 Wastewater Discharge Permit Processing Fee (WP)$ 47.00 $3,050.00 Sewer Reimbursement District –Establishment Fee Traffic $ 250.00 Traffic Control (TR) $60.00 Traffic Control –Minor (TQ) Transportation PermitNo Fee Haul Route PermitNo Fee Building Permit Plan Check Residential (EA) 0-500 SF $204.00 Residential(EB) 500-2,000 SF$336.00 Residential (EC) 2,000-5,000 SF $ 500.00 Residential (ED) > 5,000 SF$ 679.00 Commercial (EF) 0-500 SF $204.00 Commercial (EG) 500-2,000 SF$336.00 Commercial (EH) 2,000-10,000 SF $ 610.00 Commercial (EI) > 10,000 SF$ 830.00 APPENDIX 1-3 page 1-3 Commercial Remodel, Tenant Improvement (EJ)$ 300.00 Pool, Spa (EE)$ 250.00 Demo Building Permit (EK)$ 84.00 Misc. Building Permit (EL)$ 30.00 Map and Parcel Map Processing Final Map Processing (FM) Major Subdivision Map $2,112.00/ Sheet Final Parcel Map Processing (PM)Minor Subdivision Map$2,400.00/ Sheet Certificate of Correction (C3)$ 144.00 Landscaping and Irrigation $348.00 Plan Check: Public (LV) $168.00 Plan Check: Private (LP) Urban Forest Management Permit$732.00 Stormwater and Flood Control SWPPP (PP)$ 830.00 Storm Water Control Simulation Model Revision: Minor $1,392.00 Storm Water Control Simulation Model Revision: Major$2,330.00 FEMA Conditional Letter of Map Revision(FC)$1,390.00 FEMA Letter of Map Revision(FL)$ 460.00 FEMA Letter of Map Revision/Elevation Certificate(FE)$ 460.00 Utility and Right-of-Way Construction $ 280.00 Utility Construction Permit (EX) Trenching < 200 LF 5% of ACE Inspection Fee for EX Permit Trenching >200 LF Right-of-Way Minor (CN) Associated with a Single Family Dwelling $330.00 Right-of-Way Major (CJ) Not associated with a Single Family Dwelling; or more than one trench; and/or ACE > $10,000 $890.00 Inspection Fee for CJ Permit Trenching >200 LF5% of ACE Various Encroachment Permits $1,526.00 Beach Encroachment (TB) 5% of ACE Beach Encroachment Security Deposit (SY) per Attachment E, Policy No. CS P005 Permanent Encroachment Permit (PE)$ 384.00 Permanent Encroachment Permit with Construction (PX)$ 500.00 Temporary Encroachment Permit (TE)$179.00 Newsrack Operations Permit (NO)$54.00 Sidewalk Café$ 288.00 Sidewalk Café Renewal$ 92.00 Sidewalk Café Renewal with Violation$ 170.00 Miscellaneous $ 410.00 GIS Map Fee (GS) Update of GIS Database; (Bond and Fee Letter) Deposit (T.B.D.) Structural Review (M1) Outside Review Structural Review (M1) New Sheet$305.00 Street Name Change Application (SN)$3,740.00 Street Vacation Application (VA)$3,610.00 Tree Removal Permit$ 610.00 Miscellaneous Engineering Approval$ 30.00 Generic Survey Review$191.00 Additional security deposit may be required at the discretion of the City Engineer. page 1-4APPENDIX 1-3 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PLANNING DEPARTMENT SCHEDULE OF FEES APPLICATION FEES APPLICATION 1 Affordable Unit Policy $ 990.00 2 Amendment Authorization by Council' $ 550.00 3 Annexation $ 2,860.00 4 Appeals $ 250.00 5 Boundary Adjustment / Cert. of Compliance $ 990.00 6 Building Plan Copying $ 50.00 7 Certificate of Compliance $ 630.00 8 Coastal Development Permit $ 1,600.00 9 Conceptual Review - Admin. /Plannin Comm $ 1,200.00 10 Design Review -Admin Level $ 1,100.00 11 Design Review- Plan Comm <2500 sq ft $ 2,640.00 12 Design Review- Plan Comm 2501 -10k sq ft $ 3,600.00 13 Design Review- Plan Comm >10k sq ft $ 4,800.00 y O 14 Design Review Modifications - Admin $ 870.00 15 Design Review Modifications - Plan Comm $ 1,980.00 V 16 Major Use Permit $ 6,000.00 J 17 Major Use Permit Modifications $ 2,640.00 CL 18 Minor Use Permit $ 1,760.00 Q 19 Minor Use Permit Modifications $ 1,320.00 20 Misc Service Requests $ 140.00 Plan Comm or City Council Interpretation $ 1,000.00 Z21 Q 22 Resolution Amendments $ 1,100.00 a 23 Resubmittal Fee 1/2 original fee 24 Sign Program $ 800.00 25 Sign Review $ 380.00 26 Sign /Banner Permit $ 80.00 27 Substantial Conformance Review $ 280.00 28 Tent Parcel Map Appl or Mod (2 -4 lots) $ 3,850.00 29 Parcel Map Waiver (condo conversion, etc.) $ 1,800.00 30 Final Parcel Map Check (2 -4 lots) $ 340.00 31 Tentative Subdivision Map" $ 11,000.00 32 Tentative Map Modification $ 10,110.00 33 Final Subdivision Map Check (5+ lots) $ 500.00 34 Time Extensions $ 880.00 35 Variance - Administrative $ 1,320.00 36 Variance - Planning Commission $ 3,520.00 REV. 1272-2015 APPENDIX 1.4 PAGE 1 -5 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 APPLICATION DEPOSITS APPLICATION Variance - Planning Commission /sfd $ 1,760.00 y 37 Minor Plan Check $ 60.00 V 38 Commercial Plan Check $ 1,000.00 $ 39 Single Family Plan Check $ 400.00 V 40 Duplex Plan Check $ 700.00 Q 41 Multi-Family 3 -10 units Plan Check $ 1,000.00 J 42 Multi-Family 11+ units Plan Check $ 1,200.00 a 43 General Plan Update Fee "' $ 30.00 3 44 Environmental Review- Exemption $ 60.00 W 45 Comprehensive Initial Stud in -house $ 4,620.00 W46 Comprehensive Initial Study Contract Admin $ 880.00 Q� 47 EIR's Contract Admin $ 3,740.00 C3 48 Geotechnical Letter Report Review $ 260.00 49 Geotechnical Review Contract Admin $ 660.00 50 Wireless Review Contract Admin $ 280.00 W 51 Misc Technical Studies Contract Admin $ 550.00 APPLICATION DEPOSITS APPLICATION DEPOSIT APPLICATION Enviro. Review Consultant Deposit DEPOSIT 1 General Plan Amendment (no vote req) $ 13,000.00 2 General Plan Amendment (vote req) $ 20,000.00 3 Zoning Code Amendments $ 20,000.00 4 Specific Plan $ 30,000.00 Staff time and City costs including 50% overhead will be charged for all above deposit applications. CONSULTANT DEPOSITS APPLICATION DEPOSIT 1 Enviro. Review Consultant Deposit TBD `* 2 Geotechnical Consultant Deposit $ 850.00 3 Wireless Consultant Deposit $ 1,900.00 4 Misc Tech Studies Consultant Deposit TBD "" Authorization of requests /letters of intent for General Plan, Specific Plan, Zoning Code, and Local Coastal Program Amendments " $11,000 plus $550 per lot in excees of 5 lots "' Applies to building permits with valuation " "To be determined based on consultant contract PAGE 1 -6 APPENDIX 1.4 REV 12722015 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 INSTRUCTIONS FOR OBTAINING MYLAR SIGNATURES At this time, the Engineering Department is requesting from you mylars signed and approved by all departments. Plan mylars must be signed by all City Departments and any other agencies involved prior to approval by the Engineering Department. The applicant and/ or engineer is responsible for obtaining these signatures. Upon submittal to the Engineering Department, the plan mylars must bear all departmental and outside agency signatures. Appointments must be made to obtain signatures on mylars. Applicants requesting signatures without an appointment will be required to make an appointment for a later time. Contact information for each department is listed below: Fire Prevention Fire Prevention Line 760 - 633 -2820 Parks & Recreation Parks & Rec Line 760 - 633 -2740 Planning Andrew Maynard 760 - 633 -2718 Public Works Donna Trotter 760- 633 -2850 SDWD Blair Knoll 760- 633 -2793 The applicant must contact outside agencies such as Leucadia Wastewater District and Olivenhain Municipal Water District directly to obtain approval signatures from those agencies. LWD: Ph. 760.753.0155 OMWD: Ph. 760.753.6466 1960 La Costa Ave., Carlsbad 1966 Olivenhain Rd., Encinitas Open 8am -5pm, Mon -Fri Open 8am -5pm, Mon -Fri After signatures of authorized representatives of the above departments are obtained, please submit mylars, two sets of prints, and all previous plancheck documents to the Engineering front counter staff for normal plancheck processing. Engineering plancheckers are not able to provide over - the - counter preliminary reviews of mylars, but please contact your planchecker prior to submittal if you have any questions about the last plancheck. APPENDIX 1.5 (a) PAGE 1 -7 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 CITY OF ENCINITAS —_ MAP APPROVAL MEMORANDUM TM TO: DIRECTOR, ENGINEERING SERVICES DEPARTMENT FROM: FIRE DEPARTMENT ASSESSOR'S PARCEL NUMBER: PROJECT ADDRESS: NAME OF SUBDIVIDER PLEASE BE ADVISED THAT THE ENCINITAS FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR RECORDATION OF A FINAL MAP FOR CASE NO. TM REQUIRED BY RESOLUTION NUMBER HAVE BEEN SATISFIED. THIS TENTATIVE MAP EXPIRES ON THIS MEMORANDUM MAST BE PROCESSED BY THE SUBDIVIDER AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. SIGNATURE DATE PRINT NAME FOR ENCINITAS FIRE DEPT. PAGE 1 -8 APPENDIX 1.5 (b) CITY OF ENCINITAS MAP APPROVAL MEMORANDUM TM TO: DIRECTOR, ENGINEERING SERVICES DEPARTMENT FROM: PARKS AND RECREATION DEPARTMENT ASSESSOR'S PARCEL NUMBER: PROJECT ADDRESS: NAME OF SUBDIVIDER PLEASE BE ADVISED THAT THE ENCINITAS PARKS AND RECREATION DEPARTMENT CONDITIONS OF APPROVAL FOR RECORDATION OF A FINAL MAP FOR CASE NO. -TM REQUIRED BY RESOLUTION NUMBER HAVE BEEN SATISFIED. THIS TENTATIVE MAP EXPIRES ON THIS MEMORANDUM MAST BE PROCESSED BY THE SUBDIVIDER AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. SIGNATURE PRINT NAME DATE FOR ENCINITAS PARKS AND RECREATION DEPT. APPENDIX 1.5 (c) PAGE 1 -9 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 CITY OF ENCINITAS —_ MAP APPROVAL MEMORANDUM TM TO: DIRECTOR, ENGINEERING SERVICES DEPARTMENT FROM: PLANNING DEPARTMENT ASSESSOR'S PARCEL NUMBER: PROJECT ADDRESS: NAME OF SUBDIVIDER PLEASE BE ADVISED THAT THE ENCINITAS PLANNING DEPARTMENT CONDITIONS OF APPROVAL FOR RECORDATION OF A FINAL MAP FOR CASE NO. TM REQUIRED BY RESOLUTION NUMBER HAVE BEEN SATISFIED. THIS TENTATIVE MAP EXPIRES ON THIS MEMORANDUM MAST BE PROCESSED BY THE SUBDIVIDER AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. SIGNATURE DATE PRINT NAME FOR ENCINITAS PLANNING DEPT. PAGE 1 -10 APPENDIX 1.5 (d) CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 CITY OF ENCINITAS —_ MAP APPROVAL MEMORANDUM TM TO: DIRECTOR, ENGINEERING SERVICES DEPARTMENT FROM: PUBLIC WORKS DEPARTMENT ASSESSOR'S PARCEL NUMBER: PROJECT ADDRESS: NAME OF SUBDIVIDER PLEASE BE ADVISED THAT THE ENCINITAS PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR RECORDATION OF A FINAL MAP FOR CASE NO. TM REQUIRED BY RESOLUTION NUMBER HAVE BEEN SATISFIED. THIS TENTATIVE MAP EXPIRES ON THIS MEMORANDUM MAST BE PROCESSED BY THE SUBDIVIDER AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. SIGNATURE DATE PRINT NAME FOR ENCINITAS PUBLIC WORKS DEPT. APPENDIX 1.5 (e) PAGE 1 -11 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 CEEY OF ENCINITAS MAP APPROVAL MEMORANDUM TM TO: DIRECTOR, ENGINEERING SERVICES DEPARTMENT FROM: LEUCADIA WASTEWATER DISTRICT ASSESSOR'S PARCEL NUMBER: PROJECT ADDRESS: NAME OF SUBDIVIDER PLEASE BE ADVISED THAT THE DIVISION OF PROPERTY SHOWN ON TENTATIVE MAP NO. -TM WILL NOT UNREASONABLY INTERFERE WITH THE FREE AND COMPLETE EXERCISE OF ANY EASEMENTS HELD BY THE LEUCADIA WASTEWATER DISTRICT WITHIN THE BOUNDARIES OF SAID MAP, AND THE DISTRICT DOES NOT OBJECT TO THE RECORDATION OF SAID MAP. PLEASE ALSO BE ADVISED THAT THE LEUCADIA WASTEWATER DISTRICT CONDITIONS OF APPROVAL FOR RECORDATION OF A FINAL MAP FOR CASE NO. -TM REQUIRED BY RESOLUTION NUMBER HAVE BEEN SATISFIED. THIS TENTATIVE MAP EXPIRES ON _. THIS MEMORANDUIM MAST BE PROCESSED BY THE SUBDIVIDER AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. SIGNATURE DATE PRINT NAME FOR LEUCADIA WASTEWATER DISTRICT PAGE 1 -12 APPENDIX 1.5 (f) CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 CEEY OF ENCINITAS MAP APPROVAL MEMORANDUM TM TO: DIRECTOR, ENGINEERING SERVICES DEPARTMENT FROM: OUVENHAIN MUNICIPAL WATER DISTRICT ASSESSOR'S PARCEL NUMBER: PROJECT ADDRESS: NAME OF SUBDIVIDER PLEASE BE ADVISED THAT THE DIVISION OF PROPERTY SHOWN ON TENTATIVE MAP NO. -TM WILL NOT UNREASONABLY INTERFERE WITH THE FREE AND COMPLETE EXERCISE OF ANY EASEMENTS HELD BY THE OLIVENHMN MUNICIPAL WATER DISTRICT WITHIN THE BOUNDARIES OF SAID MAP, AND THE DISTRICT DOES NOT OBJECT TO THE RECORDATION OF SAID MAP. PLEASE ALSO BE ADVISED THAT THE OUVENHAIN MUNICIPAL WATER DISTRICT CONDITIONS OF APPROVAL FOR RECORDATION OF A FINAL MAP FOR CASE NO. TM REQUIRED BY RESOLUTION NUMBER HAVE BEEN SATISFIED. THIS TENTATIVE MAP EXPIRES ON _. THIS MEMORANDUIM MAST BE PROCESSED BY THE SUBDIVIDER AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. SIGNATURE DATE PRINT NAME FOR OUVENHAIN MUNICIPAL WATER DISTRICT APPENDIX 1.5 (g) PAGE 1 -13 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 CEEY OF ENCINITAS MAP APPROVAL MEMORANDUM TM TO: DIRECTOR, ENGINEERING SERVICES DEPARTMENT FROM: SAN DIEGUITO WATER DISTRICT ASSESSOR'S PARCEL NUMBER: PROJECT ADDRESS: NAME OF SUBDIVIDER PLEASE BE ADVISED THAT THE DIVISION OF PROPERTY SHOWN ON TENTATIVE MAP NO. -TM WILL NOT UNREASONABLY INTERFERE WITH THE FREE AND COMPLETE EXERCISE OF ANY EASEMENTS HELD BY THE SAN DIEGUITO WATER DISTRICT WITHIN THE BOUNDARIES OF SAID MAP, AND THE DISTRICT DOES NOT OBJECT TO THE RECORDATION OF SAID MAP. PLEASE ALSO BE ADVISED THAT THE SAN DIEGUITO WATER DISTRICT CONDITIONS OF APPROVAL FOR RECORDATION OF A FINAL MAP FOR CASE NO. -TM REQUIRED BY RESOLUTION NUMBER HAVE BEEN SATISFIED. THIS TENTATIVE MAP EXPIRES ON _. THIS MEMORANDUIM MAST BE PROCESSED BY THE SUBDIVIDER AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. SIGNATURE DATE PRINT NAME FOR SAN DIEGUITO WATER DISTRICT PAGE 1 -14 APPENDIX 1.5 (h) CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 FINAL MAP/ FINAL PARCEL MAP REVIEW LIST Complete Notes Plancheck Item 1 Traverse sheets submitted and checked- boundary and lots 2 Sheet size 18" x 26 ", 1" margins 3 Names of all streets - existing and future. 4 Lot numbers consistent with tentative map. 5 Sheet numbers index sheet for more than 2 sheets 6 Procedure of Survey minimum scale 1" =400' 7 Map sheet scale minimum 1 " =40' 8 Certification of soils report and date 9 Easements - centerline data, width, type ownership use and record data shown by broken line 10 Radius, arc length, and delta on all curves 11 Tie points found (map references; sectionalized land corners, centerline intersections 12 Le end showing monuments set and found use M10, M13 standards 13 Show found monuments outside and inside subdivision boundary APPENDIX 1.6 PAGE 1 -15 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Complete Notes Plancheck Item 14 Bearings, distances, and closure of boundary lines, basis of bearings 15 Bearings, distances, and closure - lots, streets, alleys, and blocks. 16 Each lot shown entirely on one sheet 17 Total distances shown and equal to the sum of the parts of - lots, blocks and boundaries 18 Basis of bearings shown on procedure of survey, use first order NAD 83 ties Public Resource code 8813 19 MaiDiDinq an le, with grid divergence angle, north arrow 20 Street centerline data on all streets, alleys and easements (delta, distances & bearings) 21 Notation made on each sheet where area in map is subject to flood hazard may be shown on a Non -Title sheet 22 North arrow and graphic scale min. 4" Ion 23 Radial lines marked for non-tangent curves 24 Surrounding map numbers and names 25 Check Improvement Plans for easements, etc. 26 Lot Areas indicated. 27 Streets and easements dedicated to public. 28 City boundary lines clearly shown if applicable PAGE 1 -16 APPENDIX 1.6 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Complete Notes Plancheck Item 29 Title sheet: A. Street Dedication -offer and acceptance or rejection statements. B. Engineer's/Surveyor's Statement C. Civil Engineers to be registered before January 1, 1982 F. Area and number of lots E. Brief description of land F. Condominium note, if applicable G. Subdivision guarantee order no., less than 30 days old when recording H. Signature of surveyor or engineer including seal and expiration date* I. City Engineer's Certificate ** J. Easement holder certificate or omission note* K. City Treasurer's Statement** L. Land owner's Certificate signed, matches title exactly *, Acknowledgements (Notary Public)* M. Planning Commission Chairman & Secretary** N. County Officers - Treasurer, Tax Collector *** APPENDIX 1.6 PAGE 1 -17 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Complete Notes Plancheck Item 30 Adequate access to all lots. 31 Approved Fire Department access 32 Clear space easement (site distance) plotted on map and monumented. 33 Open s ace easements shown and approved by Planning Dept. 34 Pedestrian, Equestrian, and trail easements, compliance with Trails Master Plan. 35 Signature not required statement, check title report 36 Subordination statements if required, utilities, open space, sewer. 37 Lien Contract statement if a Lien Contract recorded. 38 Street names approved by Planning, Fire Department, Engineering. 39 Street vacated on map subdivision map act 66434 40 Relinquishment of access rights on final map, offer and acceptance on title sheet too. 41 Non -Title sheet. PAGE 1 -18 APPENDIX 1.6 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Done Notes Final Map completion 1 All items of Resolution completed. 2 inter-office memos received back from all departments. 3 Grading and Improvement plans are complete. 4 Get subdivision guarantee updated to be less than 30 days old before recording. Check final map against guarantee for any new loans, easement, 5 ownership, etc. Make sure signature omission statement agrees with what is shown on guarantee. 6 Bonds and security are in place for all improvements. 7 Schedule final map for approval by Planning Commission. 8 Once approved 10 day mandatory waiting period for appeals to City Council. 9 During waiting period get City Treasurer, Planning Director, City Engineer to sign final map. 10 Applicant to provide tax certificate to be sent to recorder at time of recording. When bonds are in place, all signatures are on map, new guarantee is shown, call Title Company and request map be picked up for 11 recording. Include Title Company order number on transmittal, full address of Title Company, Title officer, Tax Certificate. Request Title Company provide a photo mylar of the recorded map for City records. * Signatures required prior to scheduling for City Council /Planning Commission ** Signatures required after City Council/ Planning Commission approval and prior to transmittal to title company * ** Signatures obtained by title company prior to recordation APPENDIX 1.6 PAGE 1 -19 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 POSTING SURETY FOR DEVELOPMENT PROJECTS Acceptable forms of surety for securing performance of a development project are listed below. The total surety posted must equal 100% of the amount of the approved engineer's cost estimate. Originals of the required documents must be submitted to the City, and the bank return address must be printed on all documents. The execution of security obligation agreements associated with the proposed work may be required. Acceptable Forms of Security: 1. Letter of Credit. See Engineering Design Manual Appendix 1.7 (C) for further information. 2. Cash. 3. Certificate of Deposit (CD). If entire amount of required surety will be posted in the form of a CD, the applicant should obtain two separate CD's in amounts of 25% and 75% of the engineer's cost estimate to facilitate the partial security release. 4. Faithful Performance Bond. • Permit for public improvements: bond may be used to secure 100% of the engineer's cost estimate. • Permit for grading or private improvements: bond may be a maximum of 80% of the engineer's cost estimate, with the balance of the surety posted in the form of cash, CD, or a letter of credit. 5. Labor and Materials Bond. Used for deferred monumentation only, the bond may be up to 100% of the engineer's cost estimate for the monumentation. Re /ease of Securities: 1. Partial Release. A one -time partial release in the amount of 75% of the posted surety can be completed following rough grade approval by the Engineering Inspector and the project soils engineer. 2. Full Release. The final release of securities may be completed following Engineering Inspector approval and approval of the project as -built drawings. 3. Public Improvements Warranty Period. All improvement projects require that 25% of the posted security be retained for a one -year warranty period. PAGE 1 -20 APPENDIX 1.7 (a) CITY OF ENCINITAS MISCELLANEOUS ASSIGNMENT OF ACCOUNT hereinafter called ASSIGNOR, whose address is , does hereby assign and set over to the CITY OF ENCINITAS, hereinafter called ASSIGNEE, all right, title, and interest of whatever nature of the assignor in and to the insured account of assignor in the evidenced by an account in the amount of $ numbered ' which is delivered to the assignee herewith. Assignor agrees that his assignment carries with it the right in the insurance of the account by the Federal Savings and Loan Insurance Corporation and includes and gives the right to assignee to redeem, collect, and withdraw the full amount of such account at any time WITHOUT NOTICE TO ASSIGNOR. Assignor hereby notifies of this assignment. Dated this day of , 20 . By: Assignor's Signature RECEIPT FOR NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to assignee of written notice of the assignment to assignee of the account identified above. We have noted in our records the assignee's interest in said account as shown by the above assignment and have retained a copy of this document. We certify that we have received no notice of any lien, encumbrance, hold, claim, or obligation of the above - identified account prior to the assignment to the assignee. We agree to make payment to assignee upon request in accordance with the laws applicable to this bank. Dated this day of , 20 . By: Signature and Title RECEIPT FOR SECURITY Receipt is acknowledged of the above assignment and the account identified in the above assig nment. Dated this CITY OF ENCINITAS, Assignee. day of 20 By: Assignee or Authorized Officer NOTICE OF CANCELLATION The above assignment is hereby canceled, and the security thereunder is hereby released. Dated this day of By: Assignee or Authorized Officer 20 , CITY OF ENCINITAS, Assignee. APPENDIX 1.7 V PAGE 1 -21 r 3; DIGITAL SUBMITTAL GUIDELINES Digital files shall be based on accurate coordinate geometry calculations and the NAD 83 State Plane Coordinate System (Zone 6) Feet. The digital file submitted shall combines all individual plan sheets for the proposed work into a single CAD or ArcView (GIS) formatted drawing. The drawing shall contain the following individual layers: 1. Subdivision Boundary (polylines) 2. Lot/ parcel lines (polylines) 3. Street centerlines (polylines) 4. Easements (polylines) 5. Street names (annotation) 6. Lot numbers (annotation) Lines should be POLYLINES) ( @ -D) not POLYLINEZ (s -0) No callouts, page boundaries, or map primitives of any kind are required. Please turn off any extension outside of the usual CAD software. Accepted file formats: AutoCAD dxf, Microstation dgn, or ArcView shapefile. Submit the digital files on a CD or DVD labeled with Tentative Map/ Parcel Map number and City of Encintas plancheck number. PAGE 1 -28 APPENDIX 1.8 r 3; SAMPLE MAP TITLE SHEET APPENDIX 1.9 PAGE 1 -29 APPENDIX g PAGE IG � D � Z O zoo \\\ �: \ \\ §\ °`� \� \ \\ \\ _ mo> : O -- _ mn - - m - -; Em ; \ ic Z ° _ � \ � \ Z 5 \ \ r (\ $ a Z ® C) ! mmq )$ _ _ , � X \ - - - -_ ;u -- - ` X \ \ \\ \\ \\ \\ \\ ( ® . ` ) ;m / ) ( APPENDIX g PAGE IG � D � Z O CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 CALIFORNIA ALL- PURPOSE NOTARY ACKNOWLEDGEMENT ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in his/her /their authorized capacity(ies), and that by his /herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) PAGE 1 -30 APPENDIX 1.10 REV 2015 -0218 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 1 JOINT USE AGREEMENT City of Encinitas, hereinafter City, and owner of an easement recorded as _ hereinafter Company, desire to enter into this Agreement to provide for the rights and obligations of each of the parties in their joint use of the public street areas as indicated on this map. City and Company agree as follows: a. CONSTRUCTION BY CITY In the event that the future use or alteration of said areas by City for streets or highway purposes or improvements incidental thereto shall at any time necessitate a rearrangement, relocation or reconstruction of any of Company's facilities, the work shall be performed by Company and the City shall pay the cost thereof; if acquisition of additional easements or property is required, they shall be obtained by the City in a form satisfactory to the Company, or by the Company with the written consent of the City, and City shall pay the costs thereof. b. CONSTRUCTION BY COMPANY In the event that the future use or alteration of said area by Company for utility purposes or improvements incidental thereto shall at any time necessitate are arrangement, relocation, or reconstruction of any City street or highway or public improvements incidental thereto, the work shall be performed by the City, or other person authorized by the City, and the Company shall pay the cost thereof; if acquisition of additional easements or property is required, they shall be obtained by the Company in a form satisfactory to the City, or by the City with the written consent of the Company, at the cost of the Company. APPENDIX 1.11 PAGE 1 -31 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 C. ROAD WORK Company shall, at its own expense, comply with all permit and safety requirements of State law and City ordinance when working within City rights of way subject to this agreement. d. COMPANY FACILITY ADJUSTMENTS Company shall, at its own expense, perform maintenance and minor adjustment work on Company facilities necessitated by resurfacing, sealing, or similar road maintenance operations. e. DETERMINATION OF COST The parties shall cooperate in the rearrangement, relocation, and reconstruction of streets and highways and facilities therein. Prior to one party undertaking any work, or acquiring any easement or property, as to which the other must pay the cost, the party responsible for the cost shall be given reasonable notice of the time and extent of the proposed work, the estimated cost thereof, and a copy of the plans and specifications for the project. If the work is to be performed by private contractors pursuant to public bidding, separate quotations shall be obtained, if it is reasonably feasible to do so, for the work to be paid for by each party. If the work is to be performed by forces of a party, the amount of reimbursement from the other party shall be determined in accordance with generally accepted accounting principles and shall include a reasonable sum for overhead and administration. f. SENIOR RIGHTS Neither Company nor City shall claim or assert any rights against the other over or in such streets and highways, notwithstanding any interests or rights that each might otherwise have as a result of any PAGE 1 -32 APPENDIX 1.11 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 charter, statute, contract, conveyance, or by operation of law, unless this agreement is determined by a court of competent jurisdiction to be invalid or is otherwise terminated. Except as herein set forth, this agreement shall not, in any way, alter, modify, or terminate any of the Company's prior rights in said areas. g. VACATION OR ABANDONMENT City shall, in vacation or abandonment proceedings, make a determination that the public convenience and necessity require the reservation and exception of easements and rights -of -way for such Company, and such reservation and exception shall be recited in the resolution of vacation for all rights acquired by the Company. h. COOPERATION The parties shall cooperate in the use of streets and highways in which the Company has facilities. Neither the City nor the Company shall permanently interrupt the use or operation of such streets and highways or of the facilities of each therein. Any use of City streets and highways by either the City or the Company which temporarily interfere(s) with the use or operation of facilities therein by the other party(s) shall be made only when necessary, and such interferences shall be terminated as soon as the necessity therefore no longer exists. i. RESPONSIBILITY OF PARTIES During the course of any rearrangement, relocation, reconstruction, each party shall be responsible for actions and omissions. To the extent permitted by law, each shall indemnify and hold harmless the other from any and all claims, injuries, losses, and damages suffered or incurred by the other as a result of such actions or omissions. j. SUCCESSORS AND ASSIGNS APPENDIX 1.11 PAGE 1 -33 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 This agreement shall be for the benefit of and be binding upon the successors and assigns of each party. BY ---- - — - - -- Date - - - - — -- Printed Name of Signatory, Title City of Encinitas BY ---- - — - - -- Date - - - - — -- Printed Name of Signatory, Title Company PAGE 1 -34 APPENDIX 1.11 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 =� MAP/ PARCEL MAP SIGNATURE STATEMENTS FOR VARIOUS FORMS OF OWNERSHIP Those individuals, partnerships, corporations, and other owners having record title interest in the land being subdivided shall sign the map in the space immediately following the dedication statements. Public utilities such as electric power companies, communication companies, and sanitation, water, and irrigation districts, who hold existing easements that are proposed to be overlaid by newly dedicated streets are required to execute a Subordination Certificate or Joint Use Agreement. All signatures must be notarized. Sufficient documentation must be submitted to the Engineering Department to verify the identity of signatories. Documentation may include, but is not limited to: articles of incorporation, corporate resolutions, partnership papers recorded in San Diego County, LP -1 forms, LLC -1 forms, operating agreements, joint venture papers, recorded powers of attorney, trust papers, and guardian, administrator, or executor papers. The following information and example signature blocks are provided as a guide for various types of ownership. Consult with the Engineering Department for specific ownership configurations not discussed below. A. CORPORATION. Corporate signatories must be: 1. The chairman of the board, president, vice - president, secretary, assistant secretary, chief financial officer, or assistant treasurer (Corporations Code section 313); or 2. The corporate officer(s) authorized by the corporate bylaws or by resolution of the board of directors to act on behalf of the corporation; or 3. An attorney -in -fact as authorized by the corporate bylaws or by resolution of the board of directors. Failure to affix a corporate seal does not affect the validity of any instrument executed by the corporation (Corporations Code section 207[a]). The Engineering Department will require evidence of signature authorization such as the Articles of Incorporation and a copy of a resolution of the board of directors naming those persons authorized to sign on behalf of the corporation. APPENDIX 1.12 PAGE 1 -35 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Corporation Example: S & N Corporation, a California Corporation, as Owner a - - - - - -— By - - - - -— I. R. Jones, President R. U. Smith, Secretary B. GENERAL PARTNERSHIP. All partners of a general partnership must sign unless there is specific authorization otherwise. Partnership papers recorded in San Diego County must be provided together with any authorization naming those persons who can sign if fewer than all partners. General Partnership Example: S & N Properties, a General Partnership, as Owner: a - -- — By - - — -- U. R. Smith, General Partner R. I. Jones, General Partner C. LIMITED PARTNERSHIP Only the general partner (or partners, if more than one) needs to sign for this type of partnership. A general partner can be an individual, another partnership, a corporation, or other form of ownership. A copy of the Certificate of Limited Partnership (Form LP -1) certified by the Secretary of State or the partnership papers, recorded in San Diego County, must be provided. Limited Partnership Example with Individual as General Partner: Sequoia Properties, Limited, a Limited Partnership, as Owner M C. M. Jones, General Partner Limited Partnership Example with Corporation as General Partner: Sequoia Properties, Limited, a Limited Partnership, as Owner S & N Development Corporation, General Partner M I. R. Jones, President R. U. Smith, Secretary PAGE 1 -36 APPENDIX 1.12 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 D. LIMITED LIABILLEY COMPANY. The managing member or members must sign unless there is specific authorization directing otherwise. Provide a copy of the Articles of Organization (Form LLC -1) certified by the Secretary of State and a copy of the signed operating agreement that identifies the members and /or managing member(s). Limited Liability Company Example: S & N Development, L.L.C., as Owner a I. M. Manager, Managing Member E. IOINT VENTURE. A copy of the joint venture agreement must be provided. If the joint venture involves a corporation, partnership, or limited liability company, appropriate documentation must be provided. Joint Venture Example with Individuals as Joint Venturers: Sequoia Properties, a Joint Venture, as Owner M RN I. R. Smith, Joint Venturer U. R. Jones, Joint Venturer Joint Venture Example with Corporation and L.P. as Joint Venturers: Sequoia Properties, a Joint Venture, as Owner S & N Development Corporation, Joint Venturer L3•/ L3•/ I. R. Jones, President R. U. Smith, Secretary S & N Properties, Limited, a limited partnership, as joint venturer a C. M. Jones, General Partner APPENDIX 1.12 PAGE 1 -37 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 F. TRUST. A copy of either the trust document or a Certification of Trust shall be provided pursuant to Probate Code Section 18100.5 in order to assess any limitations on the power of the trustee(s), the number of trustees for the trust, and the number of trustees required to sign. Trust Example: S & N TRUST created October 2, 1936, as Owner Ll7 I. M. Trusty, Trustee G. TRUSTEE/ BENEFICIARY. Trustee/ Beneficiary Example: Sequoia National Title Company, a California Corporation, as (Trustee) (Ben eficiary) under deed of trust recorded as Doc. m IM I. R. Jones, President R. U. Smith, Secretary IF ADMINISTRATOR/ EXECUTOR When an administrator or executor is appointed as the result of a court case or by some other action or instrument, a copy of the action or instrument must be provided to verify the signatory. Administrator/ Executor Example: By Executor of the Estate of per Superior Court case No. deceased, L ATTORNEY -IN -FACT. An individual executing a certificate on behalf of another must furnish a signed copy of the recorded power of attorney. Certain legal entities such as banking associations normally act as an Attorney -in -fact. Any document furnished as evidence must have correct notarized signature(s) for the legal entity which appointed the Attorney - in - Fact. Attorney -In -Fact Example: BY BY I.M. Ohwner, as Owner Lee Galeze, his Attorney -in -Fact PAGE 1 -38 APPENDIX 1.12 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 I. NATIONAL BANKING ASSOCIATION. A National Banking Association is a federally chartered banking establishment. 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Two Two €s s i € " _* o rt� ow Q6 5M a c ° o $ of osF Y . £ r Xrt g M£ a 4�G $ x o8 i'�`azo .€ t o �`m m$, g 5' 6 'm fid On €� €om mss' -. €. £ �" £ 'f o �£ -�£ a�,� ££ o €o m w£�,ora �m 220 C„�°x°�, .� n£„Win. M t i£ m > m$ko <« €u" .�t LLB. now �-s �r io , rcg' _ TOrt €3� , in g� €f w �a £ , KIN _o ,� z �° €'o o €off owe NJ LL '3. R. p -. fg 'z �' S.o o a € o° € 3 3 ." �' 0 �. 15 .3 �p i s 3.. O.'C O �� dim € - n, %. £ a. F F H- Z 6 i a 8 S k" 2 g U. i 6 F i �O £ io m y 1 3 € O - IN 40 f�i R no if 3£ ho 1 ..n rt Z on o 5. z £ ate£ 6 $ s & c ��gg� n £LL�.z_� m£u£t "H€ msT Io.3H mxm�rzf rF °k £W�O Cdz C`m s�.m�� -..3 aa£�.oL� €d -�� CITY OF ENCINITAS SURVEY CONTROL NETWORK AND MONUMENT DESCRIPTION SHEETS ROS 18416 BENCHMARK DATA SHEETS PAGE 1 -46 APPENDIX 1.13 (b) CITY OF ENCINITAS SURVEY Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 CONTROL NETWORK Phone (760) 633 -2770 Fax (760) 633 -2818 Point Number: 1001 Station Name: CLSB -021 Monument Description: FD. 2.5" CADT DISK IN WEST END OF DRAINAGE BOX INLET IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF LA COSTA AVENUE AND INTERSTATE HIGHWAY 5, IN THE NORTHWEST CORNER OF NORTHBOUND ON RAMP AND 47 FT. EAST OF BRIDGE Established By: HUNSAKER & ASSOCIATES SAN Date Established: 1/1/1997 Monument "To Reach" Description: MONUMENT IS IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF LA COST AVENUE AND INTERSTATE HIGHWAY 5, AT THE NORTHWEST CORNER OF LA COSTA AVE. AND THE NORTHBOUND ON RAMP TO 1 -5, 47 FT. EASTERLY OF THE EAST END OF THE LA COSTA AVE. BRIDGE OVER 1 -5, 9 FT. WESTERLY OF TRAFFIC LIGHT AND 3.5 FT. FROM CURB. 0 1f�AK '1 r t'riJG /4o7r r. L 0 Z TRnF C1S� LjCHr d A I j ' ZA �yf CosM 4V,4 ` I E M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 1 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1002 Station Name: WHITE Monument Description: FD. 3" USC &GS DISC IN 8 "X8" CONCRETE MONUMENT 6" ABOVE GROUND STAMPED 'WHITE, 1938" Established By: Date Established: Monument "To Reach" Description: FROM THE INTERSECTION OF GLOSCONY ROAD AND AMALFI DRIVE GO SOUTH ON GLASCONY ROAD 0.25 MI. TO THE MONUMENT ON THE RIGHT. THE MONUMENT IS LOCATED ON THE WEST SIDE OF THE ROAD 12.5 FEET WEST OF AC BERM AND 43 FEET WEST OF POWER POLE #P120181. M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 2 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1003 Station Name: CLSB -017 Monument Description: FD. 2.5' DISK IN NORTHEAST CORNER OF LA COSTA AVENUE BRIDGE OVER ENCINITAS CREEK, 185' WEST OF EL CAMINO REAL. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 5/18/2001 Monument "To Reach" Description: MONUMENT IS IN THE NORTHEAST CORNER OF LA COSTA AVENUE BRIDGE OVER ENCINITAS CREEK, 185' WEST OF EL CAMINO REAL ON NORTH SIDEWALK OF BRIDGE, 6 FT. NORTH OF CURB AND 2.5 FT. WEST OF THE EAST END OF BRIDGE WALL. S ¢ S- ` i 185' J l� tj M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 3 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1004 Station Name: ENC -04 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN DRAINAGE BOX INLET AT THE NORTHEAST CORNER OF THE CITY OF ENCINITAS LEUCADIA OAKS PARK ON THE WEST SIDE OF RAINTREE DRIVE. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED 4.5 FEET WEST OF CURB ON THE WEST SIDE OF RAINTREE DRIVE IN CURVE KNUCKLE, 250 FEET NORTHERLY FROM THE INTERSECTION OF RAINTREE DRIVE AND SANFORD DRIVE. ccGP4 a w 2 1- _ z, U1 oL rJ 5A.1FaRD M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 4 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1005 Station Name: ENC -05 Monument Description: FD. 2" IRON PIIPE WITH TAG STAMPED'RCE 29577" AT A 20 FOOT OFFSET TO THE CENTER OF CUL -DE -SAC AT THE NORTHEAST END OF ARBOR COURT. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: FROM THE INTERSECTION OF OLYMPUS STREET AND ARBOR COURT, GO NORTHEASTERLY 0.1 MI. TO A BULB CUL DE -SAC. THE MONUMENT IS LOCATED 20 FEET NORTHWESTERLY OF A 2" IRON PIPE AT THE CENTER OF CUL -DE -SAC, 27' SOUTHERLY OF A STREET LIGHT AND 19 FEET SOUTHEASTERLY OF A SEWER MANHOLE SET FLUSH IN ASPHALT. 0W* M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 5 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1006 Station Name: ENC -06 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN THE SOUTHWEST CORNER OF CONCRETE PEDESTAL FOR UTILITY BOXES, WEST SIDE OF CITY TRAIL ENTRANCE AT THE SOUTH END OF RAINEY COURT. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED 190 FEET SOUTHERLY OF THE INTERSECTION OF RANCH ROAD AND RAINEY COURT IN THE SOUTHWEST CORNER OF A CONCRETE PEDESTAL, 15 FEET SOUTHERLY OF ROLLED CURB AND 31 FEET WESTERLY OF A STREET LIGHT. a %A�1L� Y R.aA9 0 e V T w o- R•'I eD 1KA'iD l Ss 31( r GPs �rro � l M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 6 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1007 Station Name: CLSB -004 Monument Description: FD. 2.5' DISK IN THE NORTHEAST CORNER OF A 3'X3' DRAINAGE BOX IN THE SOUTHEAST QUADRANT OF EL CAMINO REAL AND OLIVENHAIN RD. 33 FT. OFF CURB AND 310 FT. EAST OF INTERSECTION. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 5/18/2001 Monument "To Reach" Description: MONUMENT IS IN THE NORTHEAST CORNER OF A 3'X3' DRAINAGE BOX IN THE SOUTHEAST QUADRANT OF EL CAMINO REAL AND OLIVENHAIN RD. 33 FT. SOUTH OF THE SOUTHERLY CURB OF OLIVENHAIN RD. AND 310 FT. EAST OF EL CAMINO REAL. J 4 4l f e J OL,Jer�NA1.! k4. b 3 I pl M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanekens St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 7 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1008 Station Name: CLSB -006 Monument Description: FD. 2.5' DISK IN SOUTH CURB OF CALLE ACERVO AT THE WEST END OF THE WEST CURB RETURN OF THE EAST DRIVEWAY OF ELEMENTARY SCHOOL. 0.1 MI. NORTHEAST OF OF RANCHO SANTA FE RD. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 5/18/2001 Monument "To Reach" Description: FROM THE INTERSECTION OF RANCHO SANTA FE RD. AND CALLE ACERVO GO NORTHEASTERLY ON CALLE ACERVO 0.1 MI. TO THE MONUMENT ON THE RIGHT. THE MONUMENT IS IN THE SOUTHERLY CURB OF CALLE ACERVO AT THE WEST END OF THE WEST CURB RETURN OF THE EASTERLY DRIVEWAY OF AN ELEMENTARY SCHOOL. 84 FT. WESTERLY OF A STREET LIGHT. i C P S p, J Q, � S�r I bp 'i 1'feiJ a^ 0 M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 8 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1009 Station Name: CLSB -007 Monument Description: FD. ROD DRIVEN TO REFUSAL WITH CAP ON WEST SIDE OF PASEO ESMERADO AT ACCESS DRIVEWAY TO PROTECTED HABITAT AREA, 50' FROM CURB AND 20' FROM FENCE ON CANYON RIM. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 5/18/2001 Monument "To Reach" Description: FROM THE INTERSECTION OF AVENIDA PANTERA AND PASEO ESMERADO GO SOUTH ON PASEO ESMERADO 0.3 MI. TO THE POINT ON THE NORTH SIDE AND ACROSS FROM 7980 PASEO ESMERADO. 54 FT. FORM CURB AND 21 FT. FROM HABITAT AREA FENCE AND 13 FT. EAST OF A "NO TRESPASSING' SIGN. L .r . ..� HS3eo ESMF�A C' Qra o T c� 5y Ex.,n cuRB M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 9 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1010 Station Name: CLSB -012 Monument Description: FD. 2.5' DISK IN THE NORTHEAST CORNER OF VAULT IN THE SOUTHWEST QUADRANT OF LONE JACK RD. AND DOUBLE LL RANCH RD. IN SAN MARCOS. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 5/18/2001 Monument "To Reach" Description: MONUMENT IS IN THE SOUTHWEST QUADRANT OF LONE JACK RD. AND DOUBLE LL RANCH RD. IN THE NORTHEAST CORNER OF VAULT. 44FT. SOUTH OF SOUTHERLY CURB OF DOUBLE LL RANCH RD. , 3 FT. WEST OF WESTERLY CURB OF LONE JACK RD. AND 36 FT. WESTERLY OF POWER POLE NO. 618620. Q' Ou$e1�7 L� I V till ftp � >a v Pa�ff R Qnl-E 1 r #iLalSbz� M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 10 of 49 CITY OF ENCINITAS SURVEY Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 CONTROL NETWORK Phone (760) 633 -2770 Fax (760) 633 -2818 Point Number: 1011 Station Name: CLSB -009 Monument Description: FD. WELL MONUMENT IN THE CENTER OF THE SOUTHEAST END OF BULB CUL -DE -SAC OF SITIO BORDE. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 5/18/2001 Monument "To Reach" Description: MONUMENT IS IN CENTER OF THE SOUTHEAST END OF BULB CUL -DE -SAC OF SITIO BORDE, 0.1 MI. SOUTHEASTERLY OF AVENIDA DIESTRO AND 47.5 FT. NORTHWESTERLY OF A STREET LIGHT. �a - �Irs 0 M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 11 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1012 Station Name: ENC -12 Monument Description: FD. 4" DIAMETER CONCRETE CYLINDER UP 1 FOOT WITH PIN UP 1 INCH IN MOUND OF ROCKS. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: FROM THE INTERSECTION OF RANCHO SANTA FE ROAD AND CAMINO JUNIPERO GO 0.3 MILES EASTERLY ON CAMINO JUNIPERO TO A SDG &E TRANSMISSION LINE. TURN LEFT ONTO DIRT ACCESS ROAD UNDER TRANSMISSION LINE GO SOUTHEAST ALONG DIRT ROAD 0.2 MILES TO 2'ND TRANSMISSION TOWER AND A DIRT ROAD TO THE LEFT, TURN LEFT GO NORTH UPHILL 0.1 MILES TO END OF DRIVABLE ROAD CONTINUE ON FOOT UP TRAIL 500 FEET TO THE MONUMENT. THE MONUMENT IS LOCATED 10 FEET NORTHERLY OF THE TRAIL. re8.� PAT H A4 P10- -� G3 {� 1 JVT M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 12 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 Point Number: 1013 Station Name: ENC -13 Monument Description: SET 2" IRON PIPE WITH 2.5' BRASS DISC WITH 8" CONCRETE COLLAR UP 6",0.6 MILES WEST OF TWIN WATER TANKS AT NORTH END OF FORTUNA SUMMIT DRIVE ALONG DIRT ROAD THAT CROSSES CANYON, 21 FEET EAST OF THE WESTERLY FORK OF DIRT ROAD AND 3 FEET WEST OF TBAR POST. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: FROM LONE JACK RD AND FORTUNA RANCH RD GO EAST ON FORTUNA RANCH RD 1 MI TO THE END OF PAVEMENT. CONTINUE EAST ALONG DIRT RD 700 FT TO A FORK AT CANYON DE ORO RD, TAKE LEFT FORK GO NE -LY ALONG CANYON DE ORO RD 500 FT TO THE INTERSECTION WITH RANCHO SUMMIT DR. TURN LEFT GO NORTH 0.4 MI ON RANCHO SUMMIT DR TO A LOCKED GATE AT THE SECOND RESIDENCE ALONG ROAD. CONTINUE NORTH THROUGH GATE 0.5 MILES UP HILL TO THE FENCED WATER TANKS. TURN LEFT GO WEST 0.1 MI ALONG FENCE TO CORNER, TURN RIGHT GO NW ALONG FENCE 200 FT TO SECOND DIRT RD, TURN LEFT GO WEST DOWNHILL ON DIRT RD 0.4 MILES TO A LOCKED GATE, CONTINUE ALONG DIRT ROAD 0.2 MI TO A SPLIT IN THE ROAD, TAKE LEFT FORK GO SOUTH 200 FEET TO THE MONUMENT ON THE LEFT. THE MONUMENT IS LOCATED 150 FT NORTH OF DUAL POWER POLES ADJACENT TO AN SDG &E TRANSMISSION LINE. fl '!1 r v +-P-C Ro1). _ �+_ ...... Phone (760) 633 -2770 Fax (760) 633 -2818 MHUNSAKER & ASSOCIATES ' S A N D I E G O, I N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 13 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 Point Number: 1014 Station Name: ENC -14 Monument Description: FD. 2" IRON PIPE WITH 1 1/2" ALUMINUM COUNTY OF SAN DIEGO DISC STAMPED HORIZ. CONTROL SURVEY MONUMENT AT THE TOP OF SLOPE BETWEEN 2 DIRT ROA1 HEADING NORTH INTO ABANDONED DUMP SITE NORTH OF THE NORTH END OF RANCHO SUMMIT DRIVE. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: FROM CANYON DE ORO RD AND RANCHO SUMMIT DR. GO NORTH 0.4 MI ON RANCHO SUMMIT DRIVE TO A LOCKED GATE AT THE SECOND RESIDENCE. CONTINUE NORTH 0.5 MI UP HILL TO THE FENCED WATER TANKS. TURN LEFT GO WEST 0.1 MI ALONG FENCE TO COR, TURN RIGHT GO NW, NORTH AND NE 0.2 MI ALONG FENCE AROUND TANK TO THE NORTH SIDE OF THE SOUTH TANK AND A GRAVEL ROAD TO THE LEFT. TURN LEFT GO NORTH ALONG GRAVEL RD 0.3 MI TO A LOCKED GATE TO CLOSED COUNTY DUMP SITE, GO PAST GATE 200 FT TO THE MONUMENT IN THE SPLIT OF THE DIRT ROAD. THE MONUMENT IS LOCATED AT THE TOP OF SLOPE FOR THE LOWER ROAD, 5 FEET WEST OF THE EDGE OF UPPER GRAVEL ROAD, 3 FEET EAST OF THE TOP OF SLOPE, 13 FEET NORTH OF 18 "X18" CONC. PEDESTAL FOR ELECTRIC BOX AND 1 FOOT EAST OF TBAR POST. ap,7 0.G l f 1 r' ZOO r 1 � � x �JAT6>Z. Phone (760) 633 -2770 Fax (760) 633 -2818 MHUNSAKER & ASSOCIATES ' S A N D I E G O, I N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 14 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1015 Monument Description: INTENTIONALLY DELETED Established By: Date Established: Station Name: Monument "To Reach" Description: Datum: CCS 83, 1991.35 Epoch, U.S. Survey Feet Latitude: Longitude: Ellipsoid Height: Northing: Easting: NGVD29 Elevation: NAVD88 Elevation: Combined Scale Factor Convergence: Horizontal Order: onument M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 15 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1016 Station Name: ENC -16 Monument Description: SET 2" IRON PIPE WITH 2.5' CITY OF ENCINITAS BRASS DISC ON THE WEST SIDE OF CANYON DE ORO, 150 FEET NORTH OF PAINT MOUNTAIN ROAD AND 150 FEET SOUTH OF POWER LINES. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED 150 FEET NORTHERLY ALONG CANYON DE ORO FROM THE INTERSECTION WITH PAINT MOUNTAIN ROAD AND 16 FEET WESTERLY OF THE WESTERLY EDGE OF PAVEMENT. i v n } ( r. M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 16 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1017 Station Name: ENC -17 Monument Description: SET 2.5" CITY OF ENCINITAS BRASS DISC IN DROP INLET ON THE NORTH SIDE OF FORTUNA RANCH ROAD AND 50 FEET SOUTH OF ADAM'S RUN. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED ON THE NORTHWESTERLY CORNER OF A DRAINAGE BOX INLET 80 FEET SOUTHWESTERLY ALONG FORTUNA RANCH ROAD FROM THE CENTERLINE INTERSECTION WITH ADAMS RUN, 16 FEET NORTHWESTERLY OF THE CENTER OF FORTUNA RANCH ROAD AND 4.5 FEET NORTHWESTERLY OF CURB. s £ z 6 � BPS St tn11 4 cC 90` 9 4 5' ` Fo Rzvoh RA"N -R>AC M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 17 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1018 Station Name: ENC -18 Monument Description: SET 2.5" CITY OF ENCINITAS BRASS DISC IN CONCRETE SLAB FOR FIRE HYDRANT, 800 FEET NORTH OF THE END OF BUMANN ROAD. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: FROM THE INTERSECTION OF BUMANN ROAD AND ROCKING HORSE CIRCLE, GO EASTERLY 300 FEET TO AN INTERSECTION TURN RIGHT GO SOUTH ONTO A DIRT ROAD 0.2 MILES TO THE BEGINNING OF AC PAVEMENT, A DIRT DRIVEWAY TO THE LEFT AND THE MONUMENT ON THE RIGHT. THE MONUMENT IS LOCATED ON THE NORTHWESTERLY CORNER OF A CONCRETE PEDESTAL FOR A FIRE HYDRANT, 8 FEET WEST OF AC BERM, 12 FEET SOUTHERLY OF THE BEGINNING OF PAVEMENT AND 65 FEET SOUTHWESTERLY OF ADDRESS SIGN ON FENCE "3465 BUMANN ROAD ". L-2Ti A 5;IA C7 I: 3466 BeN q�b Rn r q AG $ERM M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 18 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1019 Station Name: ENC -19 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN THE EAST END OF A VX7' HEADWALL ON THE SOUTH SIDE OF CIRCA DE TIERRA, 210 FEET WEST OF THE CUL -DE -SAC AT THE SOUi END OF ROAD AND 9.5 FEET OFF CURB. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: FROM THE INTERSECTION OF VAL SERENO DRIVE AND CIRCA DE TIERRA, GO NORTHEASTERLY ON CIRCA DE TIERRA 0.4 MILES TO THE MONUMENT ON THE LEFT. THE MONUMENT IS LOCATED IN THE EAST END OF A 1 FOOT WIDE BY 7 FEET LONG HEADWALL, 210 FEET WESTERLY OF THE CENTER OF A CUL -DE -SAC, AND 9.5 FEET SOUTH OF THE SOUTHERLY CURB. tE tE 0 W N G °fig h I ° q.5 v GP o i9 o� V M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 19 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1020 Station Name: ENC -20 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN THE SOUTHWEST CORNER OF CONCRETE PEDESTAL FOR FIRE HYDRANT ON THE EAST SIDE OF RANCHO SANTA FE ROAD AND 100 FEET SOUTH OF EL CAMINO DEL NORTE. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED ON THE SOUTHWEST CORNER OF A CONCRETE PEDESTAL FOR A FIRE HYDRANT ON THE EAST SIDE OF RANCHO SANTA FE ROAD, 100 FEET SOUTHERLY OF THE MIDDLE OF EL CAMINO DEL NORTE, 2.5 FEET EASTERLY OF AN AC. BERM AND 63 FEET WEST OF POWER POLE NO. P164067. CE- CAM. D OE t_ s•.x�R.� —� L 63' j Po..,E4 GPS � Pniesk 1 ��O PtWol.� Ay4HaERn tL q M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 20 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1021 Station Name: ENC -21 Monument Description: FD. WELL MONUMENT WITH A 2.5" BRASS DISC STAMPED RCE9416 ON CENTERLINE OF VILLAGE PARK WAY AT A BEGINNING OF CURVE 340 FEET SOUTHWEST OF WILLOW SPRINGS DRIVE. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: THE MONUMENT IS LOCATED IN THE MIDDLE OF VILLAGE PARKWAY, 340 FEET SOUTHERLY OF THE INTERSECTION WITH WILLOW SPRINGS DRIVE, 61 FEET SOUTHWESTERLY OF A STREET LIGHT AND 53 FEET NORTHWESTERLY OF A FIRE HYDRANT. kd' +lhe.� SPR�N &s D2. a 3 Y d ku m' (PS � }021 M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hueanekens St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 21 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1022 Station Name: ENC -22 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN TOP OF CURB NOSE IN THE MIDDLE OF EL CAMINO REAL IN THE 3RD ISLAND APPROXIMATELY 700 FEET SOUTH OF GARDEN VIEW ROAD. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED IN THE WESTERLY CURB OF THE 3RD MEDIAN ISLAND BEING 700 FEET SOUTHERLY FROM THE MIDDLE OF GARDEN VIEW ROAD AND 10 FEET SOUTHERLY OF CURB NOSE. DESTROYED 6AjZbFJ VIEW RDAR II J Q 4 0 V � � N (Psi ivL'Z t M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 22 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1023 Station Name: 134WCCS2 Monument Description: FD. 2." DISK IN MEDIAN ISLAND OF LEUCADIA BLVD. 141 FT. + WESTERLY OF LEFT TURN ISLAND GORE NOSE AT QUAIL GARDENS DRIVE Established By: COUNTY OF SAN DIEGO Date Established: Monument "To Reach" Description: MONUMENT IS 141 FT. WESTERLY OF LEFT TURN ISLAND GORE NOSE OF LEUCADIA BLVD. AT QUAIL GARDENS DRIVE. 38 FT. SOUTHERLY OF A STREET LIGHT. t Cca8si1nJ0 y ! #rw3 LEiiGadr.� �� D >5 r 1 PITS M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 23 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1024 Station Name: 134WCCS1 Monument Description: FD. 2.5' DISK IN SIDEWALK IN THE SOUTHEAST QUADRANT LEUCADIA BLVD. AND ORPHEUS AVENUE, 37' EASTERLY OF TRAFFIC SIGNAL. Established By: COUNTY OF SAN DIEGO Date Established: Monument "To Reach" Description: MONUMENT IS IN ENCINITAS AT THE SOUTHEAST QUADRANT OF THE INTERSECTION OF LEUCADIA BLVD. AND ORPHEUS ST. IN THE SOUTHERLY SIDEWALK OF LEUCADIA BLVD. 3 FT. FROM FACE OF CURB AND 37 FT. EASTERLY OF TRAFFIC SIGNAL ON THE CORNER. M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 24 of 49 E i �r5 � q I 9mrorl �EUC.4dI.s r�,%v�r� 9� I V� VVVV��i O I M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 24 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1025 Station Name: ENC -25 Monument Description: SET 2.5" CITY OF ENCINITAS BRASS DISC IN WELL MONUMENT IN THE INTERSECTION OF SOUTH EL PORTAL STREET AND LA MESA AVENUE, 100 FEET NORTH ALONG THE SOUTHEASTERLY CURB LINE OF SOUTH EL PORTAL STREET. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED IN THE MIDDLE OF THE INTERSECTION OF SOUTH EL PORTAL STREET AND LA MESA AVENUE. r � 1 Datum: CCS 83, 1991.35 Epoch, U.S. Survey Feet Latitude: 33 03'21.08803 "N Longitude: 117 017'59.56625 "W Ellipsoid Height: - 55.445 N o rt h i n a: 1965570.266 Easting: 6239988.375 NGVD29 Elevation: 58.449 NAVD88 Elevation: 60.601 Combined Scale Factor 0.9999685 Convergence: - 0 34 36.938 Horizontal Order: FIRST Monument Sketch: 07323- if I M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 25 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1026 Station Name: ENC -26 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN THE SOUTHWEST CORNER OF A DRAINAGE INLET BOX AT THE WEST SIDE OF PARKING LOT FOR OFFICE BUILDINGS ON THE SOUTH SIDE OF SAXONY PLACE, 200 FEET WEST OF SAXONY ROAD. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: FROM THE INTERSECTION OF SAXONY ROAD AND SAXONY PLACE, GO WEST ON SAXONY PLACE 265 FEET TO THE MONUMENT ON THE LEFT. THE MONUMENT IS LOCATED IN THE SOUTHWEST CORNER OF A DRAINAGE BOX INLET AT THE WEST END OF THE FIRST PARKING LOT, 2 FEET WEST OF CURB AND 33 FEET SOUTH OF THE NORTHWEST CORNER OF THE PARKING LOT. \! ti75 AA �q SAX-,qy FL41� 7 4- i3� OFFkE i E'la >fi�f h M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 26 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1027 Station Name: ENC -27 Monument Description: SET 2.5" CITY OF ENCINITAS BRASS DISC IN TOP OF CURB, THE NORTH END OF HANDICAP RAMP ON THE NORTH SIDE OF CYPRESS HILLS DRIVE AT PASEO DE LAS VERDES. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED IN THE TOP OF THE EASTERLY CURB AT THE INTERSECTION OF PASEO DE LAS VERDES AND CYPRESS HILLS DRIVE AT THE NORTH END OF A HANDICAP RAMP AND 24' NORTHERLY OF A STREET LIGHT. 14T5 yj yaaw`P� z4 H 7 L45i ©HUNS;� AKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 27 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1028 Station Name: ENC -28 Monument Description: FD. WELL MONUMENT AT CENTERLINE INTERSECTION OF TURNER AVENUE AND SHIELDS AVENUE. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: THE MONUMENT IS LOCATED AT THE CENTERLINE INTERSECTION OF TURNER AVENUE AND SHIELDS AVENUE, 5 FEET SOUTH OF A SEWER MANHOLE AND 12 FEET NORTHWESTERLY OF A WATER GATE VALVE. S,q w ds s d 6 Ma- � A j 11-1 k t°� •i` Vk7rc 11 i 7 i W M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 28 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1029 Station Name: ENC -29 Monument Description: FD. WELL MONUMENT IN AC. ON CENTERLINE OF ENCINITAS BOULEVARD, 300' EAST OF INTERSECTION WITH WILLOW SPRINGS AT BEGINNING OF LEFT TURN POCKET. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: THE MONUMENT IS LOCATED AT THE SOUTHEAST END OF THE LEFT TURN POCKET FROM NORTHBOUND ENCINITAS BOULEVARD TO WILLOW SPRINGS DRIVE WESTBOUND. t 1JTs M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 29 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1030 Station Name: ENC -30 Monument Description: FD. WELL MONUMENT AT CENTER OF CUL -DE -SAC, NORTH END OF OAK CREST PARK DRIVE AT ENTRANCE TO OAK CREST MIDDLE SCHOOL. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: THE MONUMENT IS LOCATED AT THE CENTER OF A 50 FOOT CURB RADIUS AT THE ENTRANCE TO THE OAK CREST MIDDLE SCHOOL. So td�S 1 M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 30 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 Point Number: 1031 Station Name: ENC -31 Monument Description: SET 2.5" CITY OF ENCINITAS BRASS DISC IN THE NORTHWEST CORNER OF DRAINAGE BOX ON NORTH SIDE OF ENCINITAS BOULEVARD AND 700 FEET EAST OF W ESTLAKE STREET. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: FROM THE INTERSECTION OF ENCINITAS BOULEVARD AND W ESTLAKE STREET GO EAST 700 FEET ALONG ENCINITAS BOULEVARD TO THE MONUMENT ON THE LEFT. THE MONUMENT IS LOCATED IN THE NORTHWEST CORNER OF A DRAINAGE BOX CURB INLET ON THE NORTH SIDE OF ENCINITAS BOULEVARD 4.5 FEET NORTH OF CURB AND 57 FEET WEST OF DRIVEWAY INTO THE SAN DIEGITO UNION HIGH SCHOOL DISTRICT OFFICES. �t.J�ia5 �oute µq4 f� Y-Ql,� to`7 Phone (760) 633 -2770 Fax (760) 633 -2818 MHUNSAKER & ASSOCIATES ' S A N D I E G O, I N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1032 Station Name: ENC -32 Monument Description: FD. 2" SD. CO. ENG. DEPT. BRASS DISC SET IN TOP OF CURB EAST SIDE OF VULCAN AVENUE, 200 FEET NORTH OF E STREET. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: THE MONUMENT IS LOCATED IN THE TOP OF EAST CURB OF VULCAN AVENUE 200 FEET NORTH OF E STREET AND 2.5 FEET NORTH OF THE DRIVEWAY INTO THE ENCINTAS CITY ADMINISTRATION OFFICES. 3 � 1�v T i a Datum: CCS 83, 1991.35 Epoch, U.S. Survey Feet Latitude: 33 02'43.37287 "N Longitude: 117 017'32.63929 "W Ellipsoid Height: - 24.004 N o rt h i n a: 1961735.615 Easting: 6242241.939 NGVD29 Elevation: 89.86 NAVD88 Elevation: 92.004 Combined Scale Factor 0.9999679 Convergence: - 0 34 22.141 Horizontal Order: FIRST Monument co - E N GR Sketch: HORZ. CNTRL ENC TC2 sG�V tv10S11g40 M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 32 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1033 Station Name: ENC -33 Monument Description: SET 2.5" CITY OF ENCINITAS BRASS DISC IN CURB ON THE SOUTH SIDE OF THE PARKING LOT FOR THE CITY OF ENCINITAS SWAMIS PARK IN RED CURB NORTH OF RESTROOMS. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: FROM HE INTERSECTION OF CHESTERFIELD DRIVE AND HIGHWAY 101 GO NORTH 1.2 MILES TO THE ENTRANCE TO SWAMI'S CITY PARK, TURN LEFT INTO PARKING LOT AND THE MONUMENT ON THE LEFT. THE MONUMENT IS LOCATED IN THE TOP OF CURB ON THE SOUTH SIDE OF THE PARKING LOT ADJACENT TO THE RESTROOMS, 65 FEET NORTH OF RESTROOMS AND 7 FEET WEST OF PARKING BAY. "3wa:ri5 YaaYl�us- f LoT ! 1 \ 4 7/ ti d7r HUNSAKER &ASSOCIATES ;� S A N D I E G O I N C © PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 33 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1034 Station Name: ENC -34 Monument Description: SET 2.5" CITY OF ENCINITAS BRASS DISC IN THE WEST END OF A 1'X5' HEADWALL ON THE NORTH END OF PIPE UNDER DRIVEWAY ON THE WEST SIDE OF BONITA DRIVE, 225 FEET NORTH OF SANTA FE DRIVE. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED IN THE WEST END OF THE NORTHERLY HEADWALL FOR A PIPE UNDER A DRIVEWAY ON THE WEST SIDE OF BONITA DRIVE 225 FEET NORTH OF THE MIDDLE OF SANTA FE ROAD. I 3 7 j :Rfv� �N N I I Sa, Grp 41C V09211 M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 34 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1035 Station Name: ENC -35 Monument Description: FD. WELL MONUMENT AT CENTER OF CUL -DE -SAC, EAST END OF ORANGE VIEW DRIVE. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: THE MONUMENT IS LOCATED AT THE CENTER OF THE CUL- DE -SAC AT THE EAST END OF ORANGE VIEW DRIVE, 12 FEET WEST OF A SEWER MANHOLE AND 10 FEET NORTH OF A WATER GATE VALVE. �fQ3, g�,�akf d�4•.I6E C<i�kl �R�d2 ��x -off M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 35 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1036 Station Name: ENC -36 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN THE NORT CORNER OF DRAINAGE INLET ON THE NORTH SIDE OF RANCHO SANTA FE ROAD, 200' WEST OF THE INTERSECTION WITH LA BAJADA AND EL MIRLO. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED ON THE NORTHSIDE OF RANCHO SANTA FE ROAD, 200 FEET WEST OF THE INTERSECTION WITH LA BAJADA AND EL MIRLO, 200 FEET EASTERLY OF THE EAST END OF THE RANCHO SANTA FE ROAD BRIDGE OVER ESCONDIDO CREEK AND 4.5 FEET NORTH OF CURB. M 3 1r�5 r�ri r R' A b M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 36 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 Point Number: 1037 Station Name: ENC -37 Monument Description: SET 2" IRON PIPE WITH CONCRETE COLLAR AND 2.5' CITY OF ENCINITAS BRASS DISC 220 FEET NORTH OF MANCHESTER AVENUE AND 85 FEET WEST OF TRABERT RANCH ROAD. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED 220 FEET NORTH OF MANCHESTER AVENUE, 85 FEET WEST OF TRABERT RANCH ROAD, 20 FEET EAST OF A CITY MAINTAINED TRAIL AND 81 FEET WEST OF THE SOUTHERLY END OF A WOOD SPLIT RAIL FENCE. � 1 T•f °' t j ailo3T [4Q MqlcNESe Phone (760) 633 -2770 Fax (760) 633 -2818 MHUNSAKER & ASSOCIATES ' S A N D I E G O, I N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1038 Station Name: ENC -38 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN NE CORNER OF DRAINAGE CURB INLET ON THE EAST SIDE OF MANCHESTER AVENUE 0.1 MILE SOUTH OF THE INTERSECTION WITH EL CAMINO REAL. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: FROM THE INTERSECTION OF EL CAMINO REAL AND MANCHESTER AVENUE GO SOUTH ON MANCHESTER AVENUE 0.1 MILES TO THE MONUMENT ON THE LEFT. THE MONUMENT IS LOCATED IN THE NORTHEAST CORNER OF A DRAINAGE CURB INLET, 4.5 FEET FROM CURB AND 66 FEET SOUTH OF AN ANCHOR POLE. M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 38 of 49 Ave, fZ¢pl_ e A�f6r.7ale_ CN+�K o Ry11-t� G+L:tdF M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 38 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1039 Station Name: ENC -39 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN THE TOP OF CURB, NORTHWEST QUADRANT OF BIRMINGHAM DRIVE AND LAKE DRIVE IN THE MIDDLE OF RETURN. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED AT THE NORTHWEST QUADRANT OF BIRMINGHAM DRIVE AND LAKE DRIVE, 35 FEET NORTH OF THE CENTER OF BIRMINGHAM DRIVE AND 15 FEET WEST OF THE CENTER OF LAKE DRIVE. 4 #}IO3R� Pi12+hwGH4�'Vl D4 +Jiv Q V s iI M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 39 of 49 CITY OF ENCINITAS SURVEY Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 CONTROL NETWORK Phone (760) 633 -2770 Fax (760) 633 -2818 Point Number: 1040 Station Name: ENC -40 Monument Description: FD. WELL MONUMENT AT THE CENTER OF CUL -DE -SAC, SOUTH END OF BULRUSH LANE. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED AT THE CENTER OF A 38 FOOT CURB RADIUS CUL -DE -SAC AT THE SOUTH END OF BULRUSH LANE. s � a 36' 4 M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 40 of 49 CITY OF ENCINITAS SURVEY Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 CONTROL NETWORK Phone (760) 633 -2770 Fax (760) 633 -2818 Point Number: 1041 Station Name: ENC -41 Monument Description: SET 2" IRON PIPE IN AC. WITH 2.5• CITY OF ENCINITAS BRA: DISC IN A TURNOUT ON THE EAST SIDE OF NORTHBOUND HIGHWAY 101, 0.5 MILES NORTH OF CHESTERFIELD AND 10 FEET WEST OF THE NORTH END OF GUARD RAIL. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: FROM THE INTERSECTION OF HIGHWAY 101 AND CHESTERFIELD DRIVE GO NORTH ON HIGHWAY 101 0.5 MILES TO A TURNOUT AND THE MONUMENT ON THE RIGHT. THE MONUMENT IS LOCATED 10 FEET WESTERLY AND OPPOSITE THE NORTH END OF A GUARD RAIL IN THE AC. PAVEMENT. M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 41 of 49 } �2c41 N B N� Q 0 •� a cResrFar=��a�osr� M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 41 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1042 Station Name: ENC -42 Monument Description: FD 2.5" SD. CO. ENGINEERS DISC STAMPED "OC 136, 1968" IN EAST WING WALL OF THE NORTH END OF THE NORTHBOUND HIGHWAY 101 BRIDGE OVER SAN ELIJO LAGOON. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: FROM THE INTERSECTION OF CHESTERFIELD DRIVE AND HIGHWAY 101, GO SOUTH ON HIGHWAY 101 0.2 MILES TO THE BRIDGE OVER THE SAN ELIJO LAGON AND THE MONUMENT ON THE LEFT. THE MONUMENT IS LOCATED IN THE EAST WING WALL OF THE NORTH END OF BRIDGE, 9 FEET EAST OF EAST CURB AND 3.8 FEET SOUTH OF NORTH CURB. M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 42 of 49 � �L1NFS%Fka� Av.,r� 1<i14 III �� 4 4 �.,r dio4z- r Is o l� ' X11 I M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 42 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1043 Station Name: ENC -43 Monument Description: FD. 3.5" NATIONAL GEODETIC SURVEY DISC IN HEADWALL, 0.2 MILES NORTH OF SOLANA VISTA DRIVE ON THE EAST SIDE OF NORTHBOUND HIGHWAY 101, 3 FEET OFF SHOULDER AND 6 FEET WEST OF CARDIFF BY THE SEA SIGN. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: FROM THE INTERSECTION OF SOLANA VISTA DRIVE AND HIGHWAY 101, GO NORTH ON HIGHWAY 01 0.25 MILES TO THE MONUMENT ON THE RIGHT. THE MONUMENT IS LOCATED ON THE EAST SIDE OF HIGHWAY 101, THE TOP OF THE HILL BEFORE THE BEGINNING OF A LONG CURVE TO THE RIGHT, ON THE NORTHWEST END OF A DRAINAGE PIPE HEADWALL, 3 FEET EAST OF AC. BERM AND 6 FEET WEST OF "CARDIFF BY THE SEA" SIGN. }�at1FIC. fj'at E?o A[,m.J n�FF 1y:�e5- �o u d To —j y�e riLS M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 43 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1044 Station Name: ENC -44 Monument Description: FD. 3.5' DIAMETER CORPS OF ENGINEERS -US ARMY BRASS DISC STAMPED "SEV 104,1974" SET IN CONCRETE STRUCTURE OF THE OLIVENHAIN PUMP STATION IN THE NORTHWEST QUADRANT OF MANCHESTER AVENUE AND THE NORTHBOUND INTERSTATE 5 OFF RAMP TO MANCHESTER AVENUE. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: THE MONUMENT IS LOCATED ON THE NORTH SIDE OF MANCHESTER AVENUE, 65 FEET WESTERLY OF THE CENTER OF THE NORTHBOUND INTERSTATE HIGHWAY 5 FREEWAY OFF RAMP, IN THE MIDDLEOF THE SOUTHERLY EDGE OF A CONCRETE SLAB FOR AN OLIVENHAIN MUNICIPAL WATER DISTRICT PUMP STATION, � l ■ Ma.iG Iae57'L I� 2- �'evarr7 M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 44 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1045 Station Name: ENC -45 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN WESTERLY CORNER OF CONCRETE DROP INLET, EAST SIDE OF STONEBRIDGE LANE AND 450 FEET WEST OF EL CAMINO REAL. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: FROM THE INTERSECTION OF STONEBRIDGE LANE AND EL CAMINO REAL, GO SOUTHWESTERLY ON STONEBRIDGE LANE 450 FEET TO THE MONUMENT ON THE LEFT. THE MONUMENT IS LOCATED IN THE SOUTHWEST CORNER OF A DRAINAGE BOX INLET ON THE SOUTH SIDE OF STONEBRIDGE LANE, 0.5 FEET FROM CURB. M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 45 of 49 k �1 0 q{Lb� Q ylet #b4s IUt v F�YR� M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 45 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1046 Station Name: ENC -46 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN NORTHWEST CORNER OF CONCRETE DROP INLET IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF SANTA HELENA AND SANTA ROSITA STREETS. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED 60 FEET NORTH OF THE CENTER OF SANTA HELENA AND 20 FEET WEST OF THE CENTER OF SANTA ROSITA, 2 FEET WEST OF CURB. e Z � 9 0 -. ��NTR fYE Le.Jx] M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 46 of 49 CITY OF ENCINITAS SURVEY Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 CONTROL NETWORK Phone (760) 633 -2770 Fax (760) 633 -2818 Point Number: 1047 Station Name: CADT 11 -DC Monument Description: FD. 3.5' CALIFORNIA DEPARTMENT OF TRANSPORTATION ALUMINUM DISC IN THE SIDEWALK OVER THE SOUTHEAST END OF THE NORTHEAST ABUTMENT OF THE MACKINNON AVENUE BRIDGE OVER INTERSTATE HIGHWAY 5. Established By: HUNSAKER & ASSOCIATES SAN Date Established: Monument "To Reach" Description: THE MONUMENT IS LOCATED ON THE SOUTH EAST SIDE OF MACKINNON AVENUE OVER THE NORTHEAST ABUTMENT FOR THE BRIDGE OVER INTERSTATE HIGHWAY 5, IN THE CENTER OF SIDEWALK. 14T5 ©HUNS;, AKER & ASSOCIATES S A N D I E G O, I N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 47 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1048 Station Name: ENC -48 Monument Description: SET 2.5' CITY OF ENCINITAS BRASS DISC IN NORTHWEST CORNER OF CONCRETE DROP INLET ON NORTH SIDE OF SANTA FE DRIVE WEST OF INTERSTATE HIGHWAY 5 AT THE NORTHEAST RETURN INTO SCRIPPS MEMORIAL HOSPITAL, ENCINITAS. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 4/15/2004 Monument "To Reach" Description: THE MONUMENT IS LOCATED ON THE NORTH SIDE OF SANTA FE DRIVE, 175 FEET WEST OF THE INTERSTATE HIGHWAY 5 SOUTHBOUND OFF RAMP TO SANTA FE DRIVEIN THE NORTHWEST CORNER OF A DRANAGE CURB INLET, 4 FEET NORTH OF CURB. M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 48 of 49 lF70� i� G� re2 u� M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 48 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633 -2818 Encinitas, CA 92024 -3633 Point Number: 1049 Station Name: ENC -49 Monument Description: SET 2" IRON PIPE WITH CONCRETE COLLAR AND 2.5' CITY OF ENCINITAS BRASS DISC IN NORTHERLY RIGHT OF WAY OF ELFIN FOREST ROAD 0.1 MILES EASTERLY OF FORTUNA DEL NORTE, 29 FEET NORTH OF PAVEMENT. Established By: HUNSAKER & ASSOCIATES SAN Date Established: 7/8/2004 Monument "To Reach" Description: FROM THE INTERSECTION OF ELFIN FOREST ROAD WITH FORTUNA DEL NORTE AND FORTUNA DEL SUR, GO EASTERLY ON ELFIN FOREST ROAD 0.1 MILES TO THE MONUMENT ON THE LEFT. THE MONUMENT IS LOCATED 29 FEET NORTHERLY OF THE EDGE OF PAVEMENT, 7 FEET SOUTHERLY OF THE CENTER OF A "SDCWA COMCBLE" VAULT NO. FB26, AND 55 FEET EASTERLY OF POWER POLE NO. 712397. � J r '+ �! t 1 � 1 � ,� "DIV co a e6L Vptidl.� w I � x M HUNSAKER & ASSOCIATES S A N D I E G O 1 N C. PLANNING . ENCINEERINC . SURVEYING 10179 Hucanckcns St. Suite 200 San Diego, CA 92121 PH: (858) 558 -4500 FX: (868) 558 -1414 Page 49 of 49 CITY OF ENCINITAS SURVEY CONTROL NETWORK Engineering Department Phone (760) 633 -2770 505 S. Vulcan Avenue Fax (760) 633.2816 Encinitas, CA 920243633 Point Number: 1050 Station Name: ENG-50 Monument Description: SET 2 -5' CITY OF ENCINITAS BRASS DISC IN CONCRETE MEDIAN CURB NEAR CENTERLINE OF EL CAMINO REAL IN THE NORTH END OF THIRD MEDIAN SOUTH OF GARDEN VIEW RD., 760 FEET SOUTHERLY OF INTERSECTION. (REPLACES ENC -22 DESTROYED BY CONSTRUCTION) Established By: HUNSAKER & ASSOCIATES SAN DIEGO, I Date Established: 11/28/2005 Monument "To Reach" Description: THE MONUMENT IS LOCATED IN CONCRETE MEDIAN CURB NEAR CENTERLINE OF EL CAMINO REAL IN THE NORTH END OF THIRD MEDIAN SOUTH OF GARDEN VIEW ROAD, 700 FEET SOUTHERLY OF OF INTERSECTION AND 15 FEET SOUTHERLY OF CURB NOSE. lk t ✓.ar"C7 a j�,/ ®HUNSAKER. & ASSOCIATES S A N D I E G O 1 N C. PLANNING • ENGINEERING • SURVEYING 18179 Huennekens SI. S•ile 2o0 - San Diego, CA 92121 PH: 18581 556.4500 FX: [8581 558.1414 Page 1 of 1 -�� CITY OF ENCINITAS SURVEY CONTROL NETWORK AND MONUMENT DESCRIPTION SHEETS ROS 19739 APPENDIX 1.13 (c) PAGE 1 -97 Im VT C) } W 5 U) Ll m�m 1.l. 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BRONZE MARKER NO SCALE NOTE A: ROTATE ARROW TO INDICATE LOCATION OF TARGET POINT. SHOW SIGHT DISTANCE W) iN FEET PROLONGATION OF CURB LINE OR EDGE OF PAVEMENT SHANK 3f4" 0 X 2 -1/2' GALVANIZED STEEL PIPE Z" 0 I.D. X 24" LONG- INTERSECTION DETAIL NO SCALE QUICK SET CONCRETE 2 1/2" /l kl �I 1� CASE 2 MARKER NO SCALE TARGET POINT SE 1 E 2 PCC CURB OR EDGE OF PAVEMENT POINT NOTES; CASE 1: BRONZE MARKER TO BE SET IN PCC CURB WHERE UNE --OF -SIGHT INTERSECTS CURB, CASE 2: IF NO PCC CURB, SET BRONZE MARKER IN CONCRETE IN 2' 0 X 24." LONG GALVANIZED STEEL PIPE AT THE INTERSEGRDN OF THE LINE -OF -SIGHT AND PROPERTY LINE. CLEAR SPACE EASEMENTS FOR SIGHT DISTANCE, WHERE SPECIFIED ON PLANS, SHALL BE DESIGNATED BY A BRONZE MARKER ACCORDING TO CASE 1 CR CASE 2 ABOVE- DRAW R1` SS_ I OiE1{ED BY: JDG SAN DIEGO COL)NTY DESIGN STANDARD REWN011 VPWU DATE RECOI.IIERIND Ot JEFF S. YIVRIT ApmD u 81 CLEAR SPACE EASEMENT DOUGLAS K ISBaL OUATY ENLIMH MARKERS DRw1M1kG Ra$� up.. a ooB NNISeEx DS -16 APPENDIX 1.14 PAGE 1 -99 Fee: $ RECORDING REQUESTED BY: (Surveyor or Engineer) WHEN RECORDED MAIL TO: (Name) (Address) SPACE ABOVE THIS LINE FOR RECORDER'S USE CERTIFICATE OF CORRECTION For Map Modification PURSUANT TO Section 66472.1 of the Subdivision Map Act, NOTICE IS GIVEN that (Map No.) (Parcel Map No.) in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on 20 , is being modified in accordance with said section as follows: (List each item.) I certify that the following are the names of all the fee owners of the real property reflected on the date of the filing or recording of the original recorded map: (Infarmation required by County Recorder in order to index document in the Grantor /Grantee Index.) CERTIFICATE OF SURVEYOR OR ENGINEER: I further certify that the above Certificate of Correction was prepared by or under the direction and control of the undersigned professional land surveyor, or registered civil engineer. Name: (Seal) License Number: (If a monument changes location or character, a pre -1982 civil engineer must sign, if not a post -1982 civil engineer can sign.) I, , City Engineer for the City of Encinitas in the County of San Diego, State of California, certify that I have examined the foregoing Certificate of Correction and I find that the only changes shown hereon are changes provided for by Section 66472.1 of the Subdivision Map Act. Name: (Seal) License Number: PAGE 1 -100 APPENDIX 1.15 Fee: $ RECORDING REQUESTED BY: (Surveyor or Engineer) WHEN RECORDED MAIL TO: (Name) (Address) SPACE ABOVE THIS LINE FOR RECORDER'S USE CERTIFICATE OF CORRECTION For Map Error PURSUANT TO (Section 66469 of the Subdivision Map Act) (Section 8770.5 of the Land Surveyors Act), NOTICE IS GIVEN that (Map No.) (Parcel Map No.) (Record of Survey Map No.) in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of said County , 20 , is in error and is corrected in accordance with (Section 66469 of the Subdivision Map Act) (or Section 8770.5 of the Land Surveyors Act) as follows: (List items, action taken to correct problems, what was shown on map, reason for corrections.) I certify that the following are the names of all the fee owners of the real property reflected on the date of the filing or recording of the original recorded map: (Information required by County to properly index document.) CERTIFICATE OF SURVEYOR OR ENGINEER: I further certify that the above Certificate of Correction was prepared by or under the direction and control of the undersigned professional land surveyor, or registered civil engineer. Name: (Seal) License Number: (If a monument changes location or character, a pre -1982 civil engineer must sign, if not, a post -1982 engineer can sign.) I, , City Engineer for the City of Encinitas in the County of San Diego, State of California, certify that I have examined the foregoing Certificate of Correction and I find that the only changes shown hereon are changes provided for by Section 66472.1 of the Subdivision Map Act. Name: (Seal) License Number: PAGE 1 -101 APPENDIX 1.16 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 CONDOMINIUM CONVERSION / PARCEL MAP WAIVER PROCEDURES & REQUIREMENTS Minor Conversions — Four or Fewer Units Chapter 24.40 of the Municipal Code contains procedures for condominium conversion of residential for minor airspace subdivisions (four or fewer units). Section 24.60.050 of the Municipal Code allows for condominiums to be approved via the parcel map waiver process. This process deletes the requirement to file a final parcel map, substituting a certificate of compliance. The parcel map waiver is an administrative process and requires no public hearing, under normal circumstances. The purpose of this handout is to summarize the procedures and submittal requirements. For complete information, please refer to Municipal Code sections referenced above. In addition, the project must meet the City's General Plan policy for condominium conversions (Exhibit A) and Coastal Regulations (Exhibit B). A. Submittal Requirements 1. A completed administrative application. 2. Appropriate public notice package. 3. Copy of vesting deed. 4. Ten (10) copies of Parcel Map Waiver Plat (shall provide all information as required by the Municipal Code for a tentative parcel map). Plat shall be prepared by a registered surveyor or a civil engineer. Maps are to be folded to 8 1/2 x 11. Two (2) of the ten (10) copies shall be wet signatures (signed, sealed, and dated from all parties). 5. Physical elements and pest control reports. 6. Soils report (new construction). PAGE 1 -102 APPENDIX 1.17 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - ')nno 7. Evidence of notice to tenants (Sections 66452.8 and 66452.9 of the State Subdivision Map Act), certifying that any current tenants (or prospective tenants) have received notice of intent to condominiumize at least 60 days prior to application submittal (see attachment). 8. Statement of any planned improvements. 9. Evidence supporting any known legal non - conforming condition of any aspect of the structure not conforming to current code standards. 10. Applicable fees. 11. A statement of justification detailing how the project meets the findings in Chapter 24.40.100 of the Municipal Code (attached) and Housing Element Policy 1.5 of the General Plan (Exhibit A). 12. Income Verification Form (VF). As noted in Section 24.40.100 (Findings for Conversions) of the Encinitas Municipal Code, "The conversion would not displace predominantly low and moderate income families or tenants without adequate provisions for suitable relocation of such families or tenants." Please provide an Income Verification Form (contained herein) for each tenant of the units being converted. B. Initial Process 1. Application is submitted to the Planning and Building Department and reviewed by appropriate in -house departments. 2. The City Engineer, after determining that the application conforms with required standards, shall sign the Final Parcel Map Waiver Plat. 3. The Planning and Building Department, after determining that all City departments requirements are satisfied, shall issue a Notice of Decision providing tentative approval of the subdivision. Tentative approval is valid for two years, allowing time for recordation of certificates of compliance. APPENDIX 1.17 PAGE 1 -103 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 20no C. Final Process 1. Copies of closure calculations and record of survey are given to the Planning and Building Department for review. 2. The City Engineer reviews the new documents to ensure their correctness and provides written confirmation to the Director of Planning and Building that all the above items are correct and in order. 3. The Director of Planning and Building then prepares and records one certificate of compliance, indicating the total number of units of the condominium. CHAPTER 24.40 CONVERSION OF RESIDENTIAL PROPERTY 24.40.010 Purpose. The purpose of this Chapter is: (Ord. 87 -10) A. To establish criteria for the conversion of existing housing to condominiums or s tock cooperative. B. To reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums by providing for procedures for notification and adequate time and assistance for such relocation. C. To assure that purchasers of converted housing have been properly informed as to the physical conditions of the structure which is offered for purchase. D. To insure that converted housing achieves a high degree of appearance, quality, and safety and is consistent with the goals of the City. 24.40.020 Physical Elements Report. A report on the physical elements of all structures and facilities shall be submitted with the PAGE 1 -104 APPENDIX 1.17 --ITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 tentative subdivision or parcel map. The report shall include, but not be limited to, the following: A. A report by a licensed engineer detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, ceiling, windows, recreational equipment, parking facilities and appliances. Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element; when said element was replaced; the approximate condition of each element; the approximate date upon which said application for conversion was filed and accepted by the City. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed. B. A report from a licensed structural pest control operator, approved by the City, on each structure and each unit within the structure. C. A report by a licensed geotechnical engineer on any known soil and geological conditions regarding soil deposits, rock formations, faults, groundwater, and landslides or other geological hazards in the vicinity of the project and a statement regarding any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with said report. D. A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety. 24.40.030 Acceptance of Reports. The final form of the physical elements report and other documents shall be subject to approval by the City. The reports in their accepted form shall remain on file with the community development department for review by any interested persons. The report shall be referenced in the subdivision report to the authorized agency. 24.40.040 Copy to Buyers. The subdivider shall provide each purchaser with a copy of all reports (in their final, accepted form), prior to said purchaser executing any purchase agreement or other contract to purchase a unit in the project and said developer shall give the purchaser sufficient time to review said reports. Copies of the reports shall be made available at all times at the sales office and shall APPENDIX 1.17 PAGE 1 -105 'ITY OF ENCINITAS ENGINEERING DESIGN MANUAL - ' be posted at various locations, as approved by the City, at the project site. 24.40.050 Physical Standards for Condominium Conversions. A. To achieve the purpose of this Chapter, the City shall require that all condominium conversions conform to the Municipal Code in effect at the time of tentative map approval except as otherwise provided in this Chapter. B. All provisions of the Municipal Code must be met and violations corrected prior to the approval of the final map. 24.40.060 Specific Physical Standards. The City shall require conformance with the standards of this section in approving the map. A. Building Regulations. The project shall conform to the applicable standards of the City building code in effect at the time the application for conversion was accepted by the City except as herein provided. B. Zoning Regulations. The project shall conform to all applicable standards of the Zoning Ordinance, in effect at the time the application for conversion was accepted by the City except as herein provided. Except, if the applicant demonstrates that some aspect of the property or improvements is legally nonconforming, the structure may be converted so long as the nonconforming aspect is not expanded. In cases where modification of the nonconformity can be reasonably achieved in terms of financial or structural feasibility, the City shall require such modification as a condition of approval for conversion. C. Fire Prevention. 1. Smoke Detectors. Each living unit shall be provided with approved detectors of products of combustion other than heat conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. PAGE 1 -106 APPENDIX 1.17 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - ? 2. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times. D. Sound Transmission. 1. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the Department of Planning and Community Development to be a source of structural vibration or structure -borne noise shall be shock mounted with inertia blocks or bases and /or vibration isolators in a manner approved by the Department of Planning and Community Development. 2. Noise Standards. The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code. In such cases where present standards cannot reasonably be met, the authorized agency may require the applicant to notify potential buyers of the noise deficiency currently existing within these units. E. Utility Metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of communal water metering shall be developed prior to final map approval and included in the covenants, conditions and restrictions. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the authorized agency. F. Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed weather - proofed and lockable private storage space in addition to closets customarily provided. Such space may be provided in any location approved by the Department of Planning and Community Development, but shall not be divided into two or more locations. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the authorized agency. G. Laundry Facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall APPENDIX 1.17 PAGE 1 -107 'ITY OF ENCINITAS ENGINEERING DESIGN MANUAL - ')nno consist of not less than one automatic washer and dryer for each five units or fraction thereof. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the authorized agency. H. Landscape Maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality. I. Condition of Equipment and Appliances. The developer shall provide written certification to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided are in operable working condition as of the close of escrow. At such time as the homeowners' association takes over management of the development, the developer shall provide written certification to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition. 24.40.070 Notice to Tenants. A. The authorized agency shall not approve a final map or parcel map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it makes all of the findings set forth in Section 66427.1 of the Act relating to notices and offers to tenants. B. The subdivider shall give notice to prospective tenants in accordance with Section 66452.8 of the Act. C. In accordance with Section 66452.9 of the Act, subdivider shall give notice of the filing of the tentative map or tentative parcel map. D. Subdivider shall provide evidence of receipt of each tenant of the notices required herein. 24.40.080 Stock Cooperatives Owners' Vote. In accordance with Section 66452.10 of the Act, a stock cooperative will not be converted PAGE 1 -108 APPENDIX 1.17 'ITY OF ENCINITAS ENGINEERING DESIGN MANUAL - ')nna to a condominium unless a majority of the owners have voted in favor of the conversion. 24.40.090 Conversion to Stock Cooperative. The City shall approve or disapprove the conversion of an existing building to a stock cooperative within 120 days following receipt of a completed application for approval of such conversion. (Gov. Code Section 66427.2) 24.40.100 Findings. The authorized agency shall not approve an application for conversion unless the authorized agency finds that: A. All provisions of this Chapter are met; B. The proposed conversion is not inconsistent with any objectives or policies in the City General Plan specifically directed to the conversion; C. The proposed conversion will conform to the Municipal Code in effect at the time of tentative map approval except as otherwise provided in this Chapter; D. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety; and E. The conversion would not displace predominantly low and moderate income families or tenants without adequate provision for suitable relocation of such families or tenants. 24.60.050 Parcel Map Waiver. Under the circumstances and subject to the provisions specified in this Section, in lieu of the requirements to file and receive approval of a tentative and final parcel map and to record a final parcel map, a subdivider may file for approval of a parcel map waiver. (Ord. 88 -10) A. A parcel map waiver may be applied to the following types of subdivisions: 1. Lot consolidations resulting in the creation of one (1) single lot; or 2. A condominium conversion when no new units or lots are being created. (Ord.92 -39) APPENDIX 1.17 PAGE 1 -109 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 20no B. Prior to approval of a parcel map waiver, the following finding shall be made: The proposed subdivision and each of the lots proposed to be created comply with requirements as to area, on- site improvements, design, access, floodwater drainage control, adequate boundary monumentation, dedications of right -of -way, payment of development fees, appropriate improved public streets and other off -site improvements, sanitary disposal facilities, water supply availability, fire protection facilities, environmental review and protection, grading, and any and all other requirements of this Title and the State Subdivision Map Act which would be applicable to review and approval of a tentative final parcel map. (Ord. 92 -39) C. For purposes of consideration of a parcel map waiver application, the Director shall be the authorized agency. Any determination of the Director may be *appealed to the next higher approval authority as provided under this Title. (Ord. 92 -14). ( *See Chapter 1.12.010 through 1.12.060). D. An application for a parcel map waiver shall be submitted on such form and with such material as shall be determined by the Director. Such material shall include a parcel map waiver plat, which shall provide all information required by this Title to be provided on a tentative parcel map. Such fee, as may be adopted by the City for a parcel map waiver application, shall be paid. The application shall be distributed for review and comment as determined by the Director. Such distribution shall include review by the City Engineer to determine compliance with technical requirements applicable under the state Subdivision Map Act. E. After receipt of all comments and review of the proposed subdivision, the Director shall determine if the required findings can be made and the application for parcel map waiver is approved or denied. Prior to any determination of approval, acceptance by the City Engineer by signature on the Final Parcel Map waiver plat shall be obtained. A letter of determination shall be provided to the applicant. An approval shall be valid for a period of one (1) year from the date of approval, within which time the remaining procedures under paragraph F below shall be completed, otherwise said approval shall expire. (Ord. 88 -10) PAGE 1 -110 APPENDIX 1.17 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 20no F. If no appeal is filed or if approval is granted after an appeal, upon notification of approval the applicant(s) for a parcel map waiver shall have a site survey done and have a record of survey prepared and recorded at the County Recorder's office conforming to the lots and lot lines approved in the parcel map waiver application. The applicant(s) shall also have prepared and recorded new deeds of property ownership to conform to the lots approved. The applicant(s) shall deliver to the Director copies of the recorded record of survey plat and the recorded deeds of ownership, together with closure calculations for each of the new lots. Upon confirmation that these instruments are in substantial compliance with the parcel map waiver application as approved, the Director shall have prepared and recorded a certificate of compliance for each of the new lots. Recordation of the certificate(s) of compliance shall complete the parcel map waiver process for an approved application. (Ord. 92 -14) APPENDIX 1.17 PAGE 1 -111 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Exhibit A General Plan Housing Element Policy 1.5 If a diminishing inventory of rental housing creates an imbalance, the City should make every effort to preserve the existing stock of quality rental housing by discouraging apartment conversions to condominiums. [V -b] Exhibit B Coastal Overlay Zone Affordable Housing Replacement Regulations Purpose of Coastal Zone Affordable Housing Replacement Regulations (143.0810): The purpose of these regulations is to preserve existing dwelling units within the Coastal Overlay Zone that are occupied by low income or moderate income families as defined by Government Code Section 65590(b). These regulations are intended to implement Government Code Section 65590, by providing for replacement housing within the Coastal Overlay Zone. When Coastal Overlay Zone Affordable Housing Replacement Regulations Apply (143.0815): a) Any development that proposes the conversion or demolition of dwelling units within the Coastal Overlay Zone that are occupied by persons or families of low income or moderate income, except as provided in Section 143.0820. b) The following development types shall be reviewed for compliance with the regulations in this division: 1) Conversion from rental units to condominium units (cooperative or similar form of ownership); 2) Conversion from residential to nonresidential use; and 3) Demolition of a residential structure with three or more dwelling units or demolition of at least eleven units when two or more structures are involved. PAGE 1 -112 APPENDIX 1.17 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 20no c) Contiguous lots or structures owned by the applicant are considered as one project. Exemption from the Coastal Overlay Zone Affordable Housing Replacement Regulations (143.020): This division is not applicable to the following: a) The demolition of a residential structure that has been declared a public nuisance; b) The conversion or demolition of a residential structure to nonresidential use that is coastal- dependant or coastal- related, as defined by the California Coastal Act of 1976, as amended, when the nonresidential use is consistent with the applicable land use plan; c) The conversion or demolition of a residential structure that contains less than three dwelling units; and d) The conversion or demolition of 10 or fewer dwelling units on a premises with more than one residential structure. APPENDIX 1.17 PAGE 1 -113 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 ADDRESS OF UNIT: NAME OF OWNER: THE CITY OF ENCINITAS INCOME VERIFICATION FORM (One form needed per tenant) Please provide the following information regarding the person /s currently occupying the unit. HOUSING OCCUPANTS ADULT'S NAMES AGE CHILDREN'S NAMES AGE 2. 2. Same tenant as previous year? HOUSEHOLD INCOME: $ per (weekly, bi- weekly, monthly, annually) Household income means the combined gross income of each adult member of the household. It is possible that City may require more than one document be used to verify income. Household income worksheets and instructions are available through the City of Encinitas Planning and Building Department. (Please attach one or more of the followina): Tax Social Security Self- Certification Other Return Pay Bank Letter From Other Stubs Statements Employer RENTAL RATE: $ per (week, month, year) UTILITIES paid by tenant (check all that apply): ❑ Gas /Electricity ❑ Water ❑Sewer ❑ Trash Please assist us in maintaining accurate demographic information by indicating one or more of the household types below: Elderly Small Family (1 -4) Single Parent Farmworker Disabled_ Large Family (5 +) Other PAGE 1 -114 APPENDIX 1.17 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 CERTIFICATION I /We have read the information submitted above, and certify that the information is accurate and complete to my /our knowledge (persons residing in the residence may be eligible for relocation assistance, so the accurate reporting of the income information is very important). I /We acknowledge and understand that a material misstatement fraudulently made in this affidavit or in any other statement made by me /us in connection with the affordability restriction recorded against this property will constitute a federal violation punishable by fine and abatement of use of subject property, which will be in addition to any criminal penalty imposed by law. Owner /s Signature Date Signature Date Tenant /s Signature Date Signature Date APPENDIX 1.17 PAGE 1 -115 Fee: $ RECORDING REQUESTED BY: City of Encinitas WHEN RECORDED MAIL TO: City Clerk City of Encinitas 505 S. Vulcan Ave. Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR (BLUFF FAILURE) (DRAINAGE) Assessor's Parcel No. Ia Project No.: ( "OWNER" hereinafter) is the owner of real property which is commonly known as ( "PROPERTY" hereinafter) and which is described as follows: See Attachment A attached hereto and made a part hereof. B. In consideration o by the City of Encinitas ( "CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment B attached hereto and made a part hereof. 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, transferees and assigns of the respective parties. PAGE 1 -116 APPENDIX 1.18 D. OWNER agrees that OWNER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may 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 incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. ACCEPTED AND AGREED: OWNER: OWNER Signature: Dated: Print Name: (Notarization of OWNER signature is attached.) CITY OF ENCINITAS: CITY Signature: Dated: Print Name: Title: (Notarization not required) APPENDIX 1.18 PAGE 1 -117 ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR (BLUFF FAILURE)(DRAINAGE) PROJECT NO. PROPERTY DESCRIPTION PAGE 1 -118 APPENDIX 1.18 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR (BLUFF FAILURE) (DRAINAGE) PROJECT NO. OWNER'S DUTIES AND OBLIGATIONS 1. For claims that are alleged to have arisen, directly or indirectly, from any (bluff failure or erosion) (drainage) associated with the PROPERTY or the plans, design, construction or maintenance of OWNER' s improvements, OWNER unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. This waiver does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. 2. It is further understood and agreed that all of OWNER'S rights under §1542 of the Civil Code of, the State of California and any similar law of any state or territory of the United States are hereby expressly waived. 9 1542 reads as follows: 1542. Certain claims not affected by aeneral release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 3. OWNER agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and APPENDIX 1.18 PAGE 1 -119 costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of OWNER or OWNER's agents, employees, subcontractors, officials, officers or representatives. Upon demand, OWNER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. OWNER' s obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the OWNER's proposed plans, specifications or design so long as such change is objected to, in writing, by OWNER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. OWNER's obligation herein includes, but is not limited to, alleged defects in the construction of the improvements; alleged defects in the materials furnished in the construction of the improvements; alleged injury to persons or property; and any alleged inverse condemnation of property as a consequence of the design, construction, or maintenance of the improvements. By approving the improvement plans, specifications and design or by inspecting or approving the improvements, CITY shall not have waived PAGE 1 -120 APPENDIX 1.18 the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of OWNER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as provided above. OWNER's obligation herein does not extend to liabilities, claims, demands causes of action, losses, damages or costs that arise out of the CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 4. OWNER hereby agrees not to develop in any manner the PROPERTY except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms, removal of vegetation and the erection of structures of any type, except as permitted or authorization by CITY. 5. This Covenant does not Preclude OWNER taking emergency, protective measures as approved by CITY. APPENDIX 1.18 PAGE 1 -121 Fee: $ RECORDING REQUESTED BY: City of Encinitas WHEN RECORDED MAIL TO: City Clerk City of Encinitas 505 S. Vulcan Ave. Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE PRIVATE FACILITIES MAINTENANCE AGREEMENT Assessor's Parcel No. Project No.: Case No.: THIS AGREEMENT for the periodic maintenance and repair of certain private facilities, the legal description and /or plat of which is set forth in Exhibits attached hereto and made a part hereof, is entered into by (hereinafter referred to as "Developer ") for the benefit of future owners who will use the private 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 a subdivision project as defined in Section 21065 of the Public Resources code and pursuant to City of Encinitas Municipal Code Section 24.16.060 and Section 24.29.040; and WHEREAS, Developer is the owner of certain real property and developed as Exhibit °A" that will use and enjoy the benefit of said private facilities. Said real property is hereinafter referred to as the "property "; and PAGE 1 -122 APPENDIX 1.19 WHEREAS, it is the desire of the Developer that said private landscape and irrigation system as shown on Exhibit °B" 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 any necessary repairs of said private 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 facilities be adequately maintained on a regular and periodic basis in compliance with the schedule set forth in Exhibit °C "; 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 facilities shall be paid by the owner of the heirs, assigns and successors in interest or 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 improvements and maintenance work to adequately maintain said private facilities and other work reasonably necessary and proper to repair and preserve the private facilities. APPENDIX 1.19 PAGE 1 -123 5. The professional landscape service engaged to perform the maintenance and repair of the landscaping and irrigation shall be expressly approved by the City. 6. If there is a covenant, agreement, or other obligation imposed as a condition of the development, the obligation to repair and maintain the private facilities as herein set forth shall commence when improvements have been completed and approved by the City. 7. Any extraordinary repair required to correct damage to said private 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 party contracting for work which caused the necessity for the extraordinary repair. The repair shall be such as to restore the private facilities to the condition existing prior to said damage. 8. 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. 9. 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 private 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 facilities. PAGE 1 -124 APPENDIX 1.19 10. Nothing in the Agreement, the specifications or other contract documents or City's approval of the 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 its consultants, and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability therefore. 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 any 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 presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to 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. The City is authorized to collect sums as appropriate for recovery of the costs for abatement of any landscape and irrigation facility maintenance violation should the property owner fail to voluntarily comply. APPENDIX 1.19 PAGE 1 -125 17. The Owner, its successors or assigns, hereby grants permission to the City and its authorized Agents and employees, to enter upon the Property and to inspect the private facilities upon reasonable notice whenever the City deems necessary. The purpose of inspection is to follow -up on reported deficiencies and /or to respond to citizen complaints. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a written directive to commence with the specified repairs if necessary. 18. In the event the Owner, its successors or assigns, fails to maintain the private facilities in good working condition acceptable to the City, the City, its Agents, or its contractors, may enter upon the Property and take the steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Owner, its successors or assigns. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner, its successors and assigns, shall reimburse the City upon written demand within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. If said funds are not paid in a timely manner, City reserves the right to file an assessment lien on the real property with the County Recorder of the County of San Diego. It is expressly understood and agreed that the City is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 19. The existing landscape and lighting district does not cover the costs of maintaining the proposed landscaping; therefore, the developer cannot join a landscape and lighting district at this time. If, in the future, a subzone of the landscape and lighting district is established for the proposed landscaping within the median, the developer shall join and pay the required fees at the discretion of the City Engineer. 20. 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 in California Civil Code Section 1351(a), anything in this Agreement to the contrary notwithstanding, the following provisions shall apply at and during such time as (i) the Property is encumbered PAGE 1 -126 APPENDIX 1.19 by a "Declaration" (as defined in California Civil Code Section 1351(h), and (ii) the Common Area of the property (including the private facilities) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private 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 no 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 pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall have the right to alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the Property except as may be allowed by the Declaration. (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. IN WITNESS WHEREOF, the parties have executed this Agreement: DEVELOPER: DEVELOPER Signature: Print Name: Dated: Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. APPENDIX 1.19 PAGE 1 -127 EXHIBIT "A° LEGAL DESCRIPTION OF REAL PROPERTY APN PAGE 1 -128 APPENDIX 1.19 EXHIBIT °B° PLAT OF PRIVATE FACILITIES APPENDIX 1.19 PAGE 1 -129 EXHIBIT °C° SCHEDULE FOR MAINTENANCE OF PRIVATE FACILITIES PAGE 1 -130 APPENDIX 1.19 Fee: $ RECORDING REQUESTED BY: City of Encinitas WHEN RECORDED MAIL TO: City Clerk City of Encinitas 505 S. Vulcan Ave. Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY Assessor's Parcel No. /_I Project No.: W. 0. No.: ( "SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as __ hereinafter) and which is described as follows: ( "PROPERTY" See Exhibit A which is attached hereto and made a part hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval subject to certain conditions requiring the construction of public improvements by SUBDIVIDER. SUBDIVIDER has applied for final approval of the subdivision but has not constructed the required public improvements. In consideration of the final approval of the subdivision of the PROPERTY by the City of Encinitas ( "CITY" hereinafter), SUBDIVIDER hereby covenants and agrees for the benefit of CITY, to do the following: APPENDIX 1.20 PAGE 1 -131 REV. 0419 -2013 See Exhibit B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. SUBDIVIDER agrees that SUBDIVIDER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due f financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys fees, from the other party. F. Failure of SUBDIVIDER 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 SUBDIVIDER's satisfactory completion of SUBDIVIDER's duties and obligations contained herein, SUBDIVIDER may request and CITY shall execute a Satisfaction of Covenant. PAGE 1 -132 APPENDIX 1.20 REV. 04-19 -2013 H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against SUBDIVIDER. 4111-13MAD14 :ii Signature Developer Name, Title Company CITY OF ENCINITAS: Signature Director of Engineering Services Dated Dated Notarization of SUBDIVIDER signature attached; notarization of Director not required. APPENDIX 1.20 PAGE 1 -133 REV. 0419 -2013 ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. PROPERTY DESCRIPTION PAGE 1 -134 APPENDIX 1.20 REV. 04-19 -2013 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. SUBDIVIDER'S DUTIES AND OBLIGATIONS Name of SUBDIVIDER: Tract or Parcel Map Number: Name of subdivision: Resolution of Approval Number: Adopted: Estimated total cost of improvements: 1.0 IMPROVEMENTS REQUIRED 1.1 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to furnish all the labor, equipment and materials to perform and complete, in accordance with the plans and specifications and to the satisfaction and approval of the City Engineer, all of the private improvements referred to below: Improvement plan drawing no. sheets through prepared by on file with CITY in City Engineer's office and incorporated herein as though fully set forth at length. 1.2 Further, SUBDIVIDER agrees to perform the following Conditions: Public improvements pursuant to resolution of approval 2.0 PROGRESS OF WORK APPENDIX 1.20 PAGE 1 -135 REV. 0419 -2013 2.1 Time is of the essence with this Covenant. SUBDIVIDER shall commence substantial construction of the public improvements required by this Covenant no later than one year from the Public Improvements Plans and shall complete the public improvements no later than two years from the date of approval of said Improvement Plans. In the event good cause exists, as determined by the City Engineer, the time for commencement of construction or completion of the private improvements hereunder may be extended. Any such extension may be granted without notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way affect the validity of this Covenant or release the Surety or Sureties on any security given f or the faithful performance of this Covenant. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. As a condition of such extensions, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Covenant, as extended, in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 2.2 If any of the private improvements are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced prior to SUBDIVIDER demonstrating to CITY that SUBDIVIDER has acquired the appropriate property interests. 2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction of the private improvements and give all necessary notices and pay all fees and taxes required by law. PAGE 1 -136 APPENDIX 1.20 REV. 04-19 -2013 2.4 SUBDIVIDER shall notify the City Engineer in writing at least 15 days prior to the commencement of work hereunder. No construction work shall begin until authorized by CITY. 2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits for the buildings constructed on any lot created by the subdivision until all required improvements have been provided to the satisfaction of the City Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for inspection CITY, to all parts of the work and to the shops wherein the work is in preparation. 2.7 SUBDIVIDER shall give good and adequate warning to the public to each and every existing danger relating to the construction of the private improvements, and shall protect the public from such dangers. 3.0 INSPECTION /APPROVAL OF IMPROVEMENTS 3.1 The City Engineer or his duly authorized representative, upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense the private improvements herein agreed to be constructed and installed by SUBDIVIDER. If determined to be in accordance with applicable CITY standards and the other terms of this Covenant, the City Engineer shall approve the improvements. 3.2 SUBDIVIDER agrees to pay for each inspection of the improvements required by the City Engineer. 3.3 Approval of the private improvements by CITY shall not constitute a waiver by CITY of any defects in the improvements. APPENDIX 1.20 PAGE 1 -137 REV. 0419 -2013 3.4 Until such time as the private improvements required by this Covenant are fully completed by SUBDIVIDER and approved by the City Engineer. SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such private improvements. 4.0 HOLD HARMLESS 4.1 SUBDIVIDER agrees to indemnify and hold CITY and CITY's officers, officials, employees, and agents harmless from, and against any and all liabilities. Claims, demands. causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of SUBDIVIDER or SUBDIVIDER's agents, employees, subcontractors, officials, officers or representatives. Upon demand SUBDIVIDER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 4.2 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the private improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to SUBDIVIDER's proposed plans, specifications or design so long as such change is objected to, in writing, by SUBDIVIDER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 4.3 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the construction of the private improvements; alleged defects in the materials furnished in the construction of the private improvements; alleged injury to persons or property; alleged inverse condemnation of property or a consequence of the design, PAGE 1 -138 APPENDIX 1.20 REV. 04-19 -2013 construction, or maintenance of the work or the private improvements; and any accident, loss or damage to the work or the private improvements prior to the approval of the construction of the private improvements by CITY. 4.4 By approving the improvement plans, specifications and design or by inspecting or approving the private improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of SUBDIVIDER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as provided above. 4.5 SUBDIVIDER's obligation herein does not extend to liabilities, claims, demands, and causes of action. losses, damages or costs that arise out of CITY's intentional wrongful acts, CITY's violations of law or CITY's sole active negligence. 5.0 INSURANCE 5.1 SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by CITY and authorized to do business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000.00) for each occurrence. The insurance policy shall provide that the policy shall remain in force during the life of this COVENANT and shall not be cancelled, terminated, or allowed to expire without thirty- (30) days prior written notice to CITY from the insurance company. 5.2 CITY shall be named as an additional insured on SUBDIVIDER's policies. APPENDIX 1.20 PAGE 1 -139 REV. 0419 -2013 5.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 6.0 REPAIR. MAINTENANCE AND REPLACEMENT 6.1 As a condition on the approval by CITY of the satisfactory construction of the private improvements, SUBDIVIDER shall prepare, have executed. and record a covenant, in a form satisfactory to CITY, whereby property owners who will be served by the private improvements will be obligated to provide for the repair, maintenance and replacement of the private improvements and to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless. 7.0 NOTICES 7.1 Any notices to be given under this COVENANT, or otherwise, shall be served by certified mail. 7.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any such notice on its behalf is: City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 And the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: Name Address PAGE 1 -140 APPENDIX 1.20 REV. 04-19 -2013 8.0 SUBDIVIDER's CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 8.1 SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC SS 1101- 1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. 9.0 GENERAL PROVISIONS 9.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER's duties and obligations under this Covenant. 9.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations set forth herein. 9.3 SUBDIVIDER shall provide the improvements as an independent contractor and in pursuit of SUBDIVIDER's independent calling, and not as an employee of CITY. SUBDIVIDER shall not be under control of CITY except as to the result to be accomplished. SUBDIVIDER may confer with CITY as required to perform this Covenant. 9.4 No verbal agreement or conversation with any officer, official, agent or employee of CITY, either before, during or after the execution of this Covenant, shall effect or modify any of the terms or obligations herein contained. APPENDIX 1.20 PAGE 1 -141 REV. 0419 -2013 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF ENCINITAS 505 SOUTH VULCAN AVENUE ENCINITAS, CA 92024 SPACE ABOVE FOR RECORDER'S USE ENCROACHMENT MAINTENANCE AND REMOVAL COVENANT ENCROACHMENT PERMIT NO. A. P. N. _ Case No. Plan No. An encroachment permit is hereby granted to the Permittee designated in paragraph one, Attachment "A ", as the owner of the Benefited property described in paragraph two, Attachment "A," to encroach upon City Property described in paragraph three, Attachment "A ", as detailed in the diagram, Attachment "B ". Attachments "A" and "B" are hereby incorporated herein by this reference as though fully set forth at length. In consideration of the issuance of this encroachment permit, Permittee hereby covenants and agrees, for the benefit of the City, as follows: 1. 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, transferees, and assigns of the respective parties. 2. Permittee shall use and occupy the City Property only in the manner and for the purpose described in paragraph four, Attachment "A ". 3. By accepting the benefits herein, Permittee acknowledges title to the City Property to be in the City and waives all right to contest that title. 4. The term of the encroachment permit is indefinite and may be revoked by the City and abandoned by Permittee at any time. The city shall mail written notice of revocation to Permittee, addressed to the Benefited Property which shall set forth the date upon which the benefits of encroachment permit are to cease. PAGE 1 -142 APPENDIX 1.21 REVISED 01/22/2013 5. City is entitled to remove all or a portion of the improvements constructed by Permittee in order to repair, replace, or install public improvements. City shall have no obligation to pay for or restore Permittee's improvements. 6. Permittee agrees to hold harmless, defend and indemnify from and against all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out of or related to the use, construction, encroachment or maintenance to be done by the Permittee or Permittee's agents, employees or contractors on City Property. 7. Upon abandonment, revocation, completion, or termination, Permittee shall, at no cost to the city, return City Property to its pre - permit condition within the time specified in the notice of revocation or prior to the date of abandonment. S. If Permittee fails to restore the City Property, the City shall have the right to enter upon the City Property, after notice to the Permittee, delivered at the Benefited Property, and restore the City Property to its pre - permit condition to include the removal and destruction of any improvements and Permittee agrees to reimburse the city for the costs incurred. Notice may be given by first class mail sent to the last known address of the Permittee, which shall be deemed effective three calendar days after mailing, or by any other reasonable method likely to give actual notice. 9. If either party is required to incur costs to enforce the provisions of this covenant, the prevailing party shall be entitled to full reimbursement for all costs, including reasonable attorney's fees. 10. Permittee shall agree that Permittee's duties and obligations under this covenant are a lien upon the Benefited Property. Upon 30 -day notice, and an opportunity to respond, the City may add to the tax bill of the Benefited Property any past due financial obligation owing to city by way of this covenant. 11. Permittee waives the right to assert any claim or action against the City arising out of or resulting from the revocation of this permit or the removal of any improvements or any other action by the City, its officers, agents, or employees taken in a manner in accordance with the terms of the permit. 12. Permittee recognizes and understands that the permit may create a possessory interest subject to property taxation and that the permittee may be subject to the payment of property taxes levied on such interest. REVISED 01/22/2013 APPENDIX 1.21 PAGE 1 -143 13. As a condition precedent to Permittee's right to go upon the City Property, the agreement must first be signed by the Permittee, notarized, executed by the City and recorded with the County Recorder of the County of San Diego. The recording fee shall be paid by Permittee. AGREED AND ACCEPTED PERMIT-FEE Dated: Printed Name Title Company (Notarization of PERMIT-FEE signature is attached) Approved and issued by the City of Encinitas, California: Dated: CITY OF ENCINITAS Printed Name Title Company PAGE 1 -144 APPENDIX 1.21 REVISED 01/22/2013 ATTACHMENT 'A' TO COVENANT REGARDING ENCROACHMENT PERMIT NO. -PE PARAGRAPH ONE: Permitee: [Owners' Name(s) as Vested on Grant Deed] PARAGRAPH TWO: Benefited Property: [Address] (APN] [Full Legal Description] City Property: (THAT PORTION OF THE WESTERLY HALF OF COAST HIGHWAY 101 LAYING ADJACENT AND EASTERLY TO THE PROPERTIES AS DESCRIBED IN PARAGRAPH TWO AND THAT PORTION OF THE SOUTHERLY HALF OF WEST 'G' STREET LAYING ADJACENT AND NORTHERLY TO THE PROPERTY AS DESCRIBED IN PARAGRAPH TWO AND AS SHOWN IN EXHIBIT 'B'. PARAGRAPH FOUR: Purpose: (Encroachment for Flagstone Walkway in Right -of -Way] REVISED 01/22/2013 APPENDIX 1.21 PAGE 1 -145 ATTACHMENT W TO COVENANT REGARDING ENCROACHMENT PERMIT NO. ___ -PE DETAIL OF ENCROACHMENT Exhibit/ Plat showing a detail of the proposed encroaching facilities to be prepared by the engineer of work. PAGE 1 -146 APPENDIX 1.21 REVISED 01/22/2013 THIS PAGE INTENTIONALLY LEFT BLANK. APPENDIX 1.22 PAGE 1 -147 THIS PAGE INTENTIONALLY LEFT BLANK. PAGE 1 -148 APPENDIX 1.22 THIS PAGE INTENTIONALLY LEFT BLANK. APPENDIX 1.22 PAGE 1 -149 Fee: $ RECORDING REQUESTED BY: City of Encinitas WHEN RECORDED MAILTO: City Clerk City of Encinitas 505 S. Vulcan Ave. Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. Project No.: W.O. No.: A. ( "SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as ( "PROPERTY" hereinafter) and which is described as follows: See Exhibit A which is attached hereto and made a part hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval subject to certain conditions requiring the construction of public improvements by SUBDIVIDER. SUBDIVIDER has applied for final approval of the subdivision but has not constructed the required public improvements. In consideration of the final approval of the subdivision of the PROPERTY by the City of Encinitas ( "CITY" hereinafter), SUBDIVIDER hereby covenants and agrees for the benefit of CITY, to do the following: See Exhibit B which is attached hereto and made a part hereof. PAGE 1 -150 APPENDIX 1.23 C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. SUBDIVIDER agrees that SUBDIVIDER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due f financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys fees, from the other party. F. Failure of SUBDIVIDER 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 SUBDIVIDER's satisfactory completion of SUBDIVIDER's duties and obligations contained herein, SUBDIVIDER may request and CITY shall execute a Satisfaction of Covenant. APPENDIX 1.23 PAGE I -151 H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against SUBDIVIDER. ACCEPTED AND AGREED: DEVELOPER Dated Dated Notarization of OWNER signature attached; notarization of Director not required. CITY OF ENCINITAS By: Director of Engineering Services PAGE 1 -152 APPENDIX 1.23 Date: ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. PROPERTY DESCRIPTION APPENDIX 1.23 PAGE 1 -153 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. SUBDIVIDER's DUTIES AND OBLIGATIONS Name of SUBDIVIDER: _ Tract or Parcel Map Number: Name of subdivision: Resolution of Approval Number: Adopted: Estimated total cost of improvements: 1.0 IMPROVEMENTS REQUIRED 1.1 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to furnish all the labor, equipment and materials to perform and complete, in accordance with the plans and specifications and to the satisfaction and approval of the City Engineer, all of the private improvements referred to below: Grading plan drawing no. sheets 1 through _ dated and prepared by as approved on by the City Engineer together with any subsequent amendments approved in writing by the City Engineer; on file with CITY in City Engineer's office and incorporated herein as though fully set forth at length. 1.2 Further, SUBDIVIDER agrees to perform the following conditions: PAGE 1 -154 APPENDIX 1.23 All improvements, conditions and work pursuant to Conditions of Approval for 2.0 PROGRESS OF WORK 2.1 Time is of the essence with this Covenant. SUBDIVIDER shall commence substantial construction of the private improvements required by this Covenant no later than and shall complete the private improvements no later than In the event good cause exists, as determined by the City Engineer, the time for commencement of construction or completion of the private improvements hereunder may be extended. Any such extension may be granted without notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way affect the validity of this Covenant or release the Surety or Sureties on any security given f or the faithful performance of this Covenant. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. As a condition of such extensions, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Covenant, as extended, in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 2.2 If any of the private improvements are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced prior to SUBDIVIDER demonstrating to CITY that SUBDIVIDER has acquired the appropriate property interests. 2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction of the private APPENDIX 1.23 PAGE I -155 improvements and give all necessary notices and pay all fees and taxes required by law. 2.4 SUBDIVIDER shall notify the City Engineer in writing at least 15 days prior to the commencement of work hereunder. No construction work shall begin until authorized by CITY. 2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits for the buildings constructed on any lot created by the subdivision until all required improvements have been provided to the satisfaction of the City Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for inspection CITY, to all parts of the work and to the shops wherein the work is in preparation. 2.7 SUBDIVIDER shall give good and adequate warning to the public to each and every existing danger relating to the construction of the private improvements, and shall protect the public from such dangers. 3.0 INSPECTION /APPROVAL OF IMPROVEMENTS 3.1 The City Engineer or his duly authorized representative, upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense the private improvements herein agreed to be constructed and installed by SUBDIVIDER. If determined to be in accordance with applicable CITY standards and the other terms of this Covenant, the City Engineer shall approve the improvements. 3.2 SUBDIVIDER agrees to pay for each inspection of the improvements required by the City Engineer. 3.3 Approval of the private improvements by CITY, shall not constitute a waiver by CITY of any defects in the improvements. PAGE 1 -156 APPENDIX 1.23 3.4 Until such time as the private improvements required by this Covenant are fully completed by SUBDIVIDER and approved by the City Engineer. SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such private improvements. 4.0 HOLD HARMLESS 4.1 SUBDIVIDER agrees to indemnify and hold CITY and CITY's officers, officials, employees, and agents harmless from, and against any and all liabilities. claims, demands. causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of SUBDIVIDER or SUBDIVIDER's agents, employees, subcontractors, officials, officers or representatives. Upon demand. SUBDIVIDER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 4.2 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the private improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to SUBDIVIDER's proposed plans, specifications or design so long as such change is objected to, in writing, by SUBDIVIDER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. APPENDIX 1.23 PAGE 1 -157 4.3 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the construction of the private improvements; alleged defects in the materials furnished in the construction of the private improvements; alleged injury to persons or property; alleged inverse condemnation of property or a consequence of the design, construction, or maintenance of the work or the private improvements; and any accident, loss or damage to the work or the private improvements prior to the approval of the construction of the private improvements by CITY. 4.4 By approving the improvement plans, specifications and design or by inspecting or approving the private improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of SUBDIVIDER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as provided above. 4.5 SUBDIVIDER's obligation herein does not extend to liabilities, claims, demands, causes of action. losses, damages or costs that arise out of CITY's intentional wrongful acts, CITY's violations of law. or CITY's sole active negligence. 5.0 INSURANCE 5.1 SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by CITY and authorized to do business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000.00) for each occurrence. The insurance policy shall provide that the policy shall remain in force during the life of this COVENANT and shall not PAGE 1 -158 APPENDIX 1.23 be cancelled, terminated, or allowed to expire without thirty (30) days prior written notice to CITY from the insurance company. 5.2 CITY shall be named as an additional insured on SUBDIVIDER's policies. 5.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 6.0 REPAIR, MAINTENANCE AND REPLACEMENT As a condition on the approval by CITY of the satisfactory construction of the private improvements, SUBDIVIDER shall prepare, have executed. and record a covenant, in a form satisfactory to CITY, whereby property owners who will be served by the private improvements will be obligated to provide for the repair, maintenance and replacement of the private improvements and to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless. 7.0 NOTICES 7.1 Any notices to be given under this COVENANT, or otherwise, shall be served by certified mail. 7.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any such notice on its behalf is: City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 and the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: Name Addresss APPENDIX 1.23 PAGE I -159 8.0 SUBDIVIDER's CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC SS 1101 -1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. 9.0 GENERAL PROVISIONS 9.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER's duties and obligations under this Covenant. 9.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations set forth herein. 9.3 SUBDIVIDER shall provide the improvements as an independent contractor and in pursuit of SUBDIVIDER's independent calling, and not as an employee of CITY. SUBDIVIDER shall not be under control of CITY except as to the result to be accomplished. SUBDIVIDER may confer with CITY as required to perform this Covenant. 9.4 No verbal agreement or conversation with any officer, official, agent or employee of CITY, either before, during or after the execution of this Covenant, shall effect or modify any of the terms or obligations herein contained. PAGE 1 -160 APPENDIX 1.23 Fee: $ RECORDING REQUESTED BY: City of Encinitas WHEN RECORDED MAILTO: City Clerk City of Encinitas 505 S. Vulcan Ave. Encinitas, CA 92024 0 SPACE ABOVE THIS LINE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY FMIME PARK, TRAFFIC, AND FLOOD CONTROL FEES Assessor's Parcel Number: Project No. ( "OWNER" hereinafter) is the owner of real property ( "PROPERTY" hereinafter) and which is legally described as follows: As Exhibit "A" which is attached hereto and made a part hereof. B. In consideration of by the City of Encinitas ( "CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment "B" which is attached hereto and made a part hereof. 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, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may APPENDIX 1.24 PAGE 1 -161 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 incur 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 of OWNER's duties and obligations contained herein, OWNER may request and CITY shall execute a "Satisfaction of Covenant ". H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: �3 Signature Dated Title Notarization of OWNER signature is attached. CITY OF ENCINITAS Signature Dated City Planner Notarization of City Planner Signature not required. PAGE 1 -162 APPENDIX 1.24 ATTACHMENT "A" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. PROPERTY DESCRIPTION APPENDIX 1.24 PAGE 1 -163 ATTACHMENT "B" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. OWNERS DEITIES AND OBLIGATIONS A. In accordance with Municipal Code Chapter 23.98 in effect at time of fees being paid, park fees for the development shall be paid prior to Final Occupancy approval. B. In accordance with the Municipal Code Chapter 23.94 in effect at time of fees being paid, traffic fees for the development shall be paid prior to Final Occupancy approval. C. In accordance with the Municipal Code Chapter 23.96 in effect at time of fees being paid, flood control fees shall be assessed and collected during the building permit processing prior to the construction of any impervious surfaces. PAGE 1 -164 APPENDIX 1.24 Fee: $ RECORDING REQUESTED BY: City of Encinitas WHEN RECORDED MAIL TO: City Clerk City of Encinitas 505 S. Vulcan Ave. Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE HOMEOWNER MAINTAINED PRIVATE STORM WATER TREATMENT AND STORM WATER POLLUTION CONTROL MAINTENANCE AGREEMENT APN: Site Address: Project No.: THIS AGREEMENT is between the City of Encinitas, corporation, hereinafter referred to as the "City ", and a municipal its heirs, successors, and assigns, collectively hereinafter referred to as "Owner', owner(s) of that certain real property, hereinafter referred to as "Property ", that is described in Exhibit "A" which is attached hereto and made a part hereof. This Agreement is for the periodic maintenance and repair of certain private storm water treatment and pollution control facilities, hereinafter referred to collectively as "Storm Water Facilities ". Storm Water Facilities include but are not limited to Best Management Practices (BMPs), Integrated Management Practices (IMPs), Low Impact Development (LID) features, Structural storm water treatment devices, and drainage facilities. The description and plat of Storm Water Facilities is set forth in Exhibit "B" which is attached hereto and made a part hereof. WHEREAS, this Agreement is required by the City as a condition of approval of a City permit pursuant to City of Encinitas Municipal Code Chapter APPENDIX 1.25 PAGE 1 -165 REV. 0419 -2013 20.08 and Chapter 23.24 as well as the City of Encinitas Storm Water Manual; and WHEREAS, the Storm Water Facilities benefit said Property and are used by OWNER; and WHEREAS, the Property benefits and uses the Storm Water Facilities, which are described in Exhibit "B "; and WHEREAS, it is the desire of the City and the responsibility of the Owner that said Storm Water Facilities be maintained in a safe and usable condition by the Owner in accordance with the minimum maintenance schedule set forth in Exhibit "C which is attached hereto and made a part hereof; and WHEREAS, there exists a benefit to the public that the Storm Water Facilities be adequately maintained on a regular and periodic basis in compliance with Exhibit "C ", the City of Encinitas Municipal Code, the City of Encinitas Storm Water Manual, and other related City policies and requirements; and WHEREAS, it is the intention of the Owner and the City that this Agreement constitute a covenant running with the land, binding upon each successive owner of all or any portion of the Property into perpetuity. NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION AS FOLLOWS: 1) This agreement establishes requirements for Owner maintained Storm Water Facilities. The term maintenance when used in this agreement shall include; inspection by the Owner or qualified individual hired by the Owner to identify deficiencies in Storm Water Facilities, maintenance and upkeep of Storm Water Facilities to proper working PAGE 1 -166 APPENDIX 1.25 REV. 04-19 -2013 order as determined by the City, and preparation and submittal of the inspection report to the City as set forth in subparagraph 1J) through 1.iii). i) The Owner shall inspect Storm Water Facilities after all major storms. A major storm for the purpose of this agreement shall apply to all storms with intensities equal or higher than a 10 -year storm. In addition the Owner shall inspect the Storm Water Facilities at the minimum frequency specified in Exhibit "C" but not less than twice per year. ii) The Owner shall maintain and repair all deficiencies identified in the Owner's inspections no later than 30 days following the inspection. The minimum maintenance frequency shall be consistent with the Exhibit "C but not less than once per year. iii) The Owner shall obtain City of Encinitas Storm Water Inspection Report from the City website or the City Hall, complete the report form, and submit the inspection report to the City. Prior to the submittal of the report the Owner shall perform an inspection on the Storm Water Facilities, identify deficiencies, repair and correct all deficiencies and then submit the inspection report to the City. The inspection report shal be submitted to the City once a year between August 1 to September 30. 2) The Property is benefited by this Agreement, and 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. Any heirs, executors, administrators, assignees, and /or successors in interest to all or any portion of the Property, by acceptance of delivery of a deed and /or conveyance regardless of form, shall be deemed to have consented to and become APPENDIX 1.25 PAGE 1 -167 REV. 0419 -2013 expressly bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 13 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. 3) The Storm Water Facilities shall be constructed and maintained by the Owner, in accordance with the terms and conditions of this agreement and approved Grading Plan Number XXXXX -G which is on file as a permanent public record in the City of Encinitas. 4) The cost and expense of repairing and maintaining the Storm Water Facilities shall be paid by the Owner. 5) In the event the Property is subdivided in the future, 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 reflecting such newly created parcels. 6) The repairs and maintenance to be performed under this Agreement shall include improvements and maintenance work to adequately maintain the Storm Water Facilities. The owner shall ensure the Storm Water Facilities are in proper working order as determined by the City Engineer for the rainy season, which starts on October 1. Repairs and maintenance under this Agreement shall include, but are not limited to, repairing access roadbeds; repairing and maintaining drainage structures; removing debris, sediment, oil, grease, and other pollutants as determined by the City; perpetually maintaining adequate groundcover and /or other erosion control measures within the Property in order to prevent erosion; and the management of materials, pollutants, and hazardous waste to prevent pollution of the storm water system or Municipal Separate Stormwater Sewer System (MS4) PAGE 1 -168 APPENDIX 1.25 REV. 04-19 -2013 as referenced in local and State codes. Maintenance shall also include other work necessary to repair and preserve the Storm Water Facilities for their intended purposes as well as the restoration of the Storm Water Facilities following any non - permitted modification. The restoration shall be as required to restore the Storm Water Facilities to the condition existing prior to damage or alteration. 7) Any liability of the Owner for personal injury to any worker employed to make repairs or provide maintenance under this Agreement, or to third persons, as well as any liability of the Owner for damage to the property of any third persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne by the Owner. 8) Owner shall jointly and severally defend, indemnify, and hold harmless the City, City's engineer, 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 any contractor, any subcontractor, any user of the Storm Water Facilities, or to any other third persons arising out of or in any way related to the use, repair, or maintenance of, or the failure to repair or maintain the Storm Water Facilities. This Agreement imposes no liability of any kind whatsoever on the City and the Owner agrees to hold the City harmless from any liability in the event the Storm Water Facilities fail to operate properly. 9) Nothing in this Agreement, the specifications, other contract documents, the City's approval of the plans and specifications, or the City's inspection of the work constitutes an acknowledgement of any City responsibility for any such item or the material contained therein, and the City, City's engineer, its consultants, and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability therefore. APPENDIX 1.25 PAGE 1 -169 REV. 0419 -2013 10) The Owner shall provide access to the Storm Water Facilities within the Property to City's inspectors, employees, agents, and contractors within 48 hours of receipt of a written notification by the City. The access shall be provided unconditionally and without any obstruction, interference, or hazard. Any animals kept on the Property shall be secured outside of the area subject to the City's inspection. 11) The Owner hereby grants permission to the City, its authorized agents, and its employees, to enter upon the Property and to inspect the Storm Water Facilities following a 48 hour notice whenever the City deems necessary. The purpose of inspection is to evaluate the condition and performance of the Storm Water Facilities, to follow -up on reported deficiencies, to respond to citizen complaints, and /or to comply with State and City requirements for City inspection of such facilities. The City shall provide the Owner with copies of the inspection findings and a directive to commence with any repairs deemed necessary. 12) In the event the Owner fails to maintain the Storm Water Facilities in good working condition as determined by the City Engineer, the City , its agents, employees, or its contractors, may enter upon the Property and take the steps deemed necessary to correct deficiencies and shall charge the costs of such repairs to the Owner. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds for attorney's fees, administrative costs, contractors, employees, consultants, materials, or other costs in the performance of said work, the Owner shall reimburse the City in full. Such reimbursement shall be due within thirty (30) days of receipt of a notification for all costs incurred by the City, including any administrative costs and attorney's fees. If said funds are not paid by Owner within (30) days, City reserves the right to take legal action for PAGE 1 -170 APPENDIX 1.25 REV. 04-19 -2013 cost recovery and to file with the County Recorder of San Diego County an assessment lien on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair said Storm Water Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 13) The terms of this Agreement may be amended in writing following Owner's request and upon written approval by the City Engineer. 14) 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. IN WITNESS HEREOF, the parties have executed this Agreement. OWNER: Owners Name Here Date Signature of OWNER must be notarized. CITY OF ENCINITAS: Signature Director of Engineering Services Date APPENDIX 1.25 PAGE 1 -171 REV. 0419 -2013 EXIIIBLE `A' LEGAL DESCRIPTION OF REAL PROPERTY APN PAGE 1 -172 APPENDIX 1.25 REV. 04-19 -2013 EXHIBIT `B' PLAT OF STORM WATER POLLUTION CONTROL FACIIdTIES APN APPENDIX 1.25 PAGE 1 -173 REV. 0419 -2013 EXFMIT "C MINIMUM MAINTENANCE REQUIREMENTS FOR PRIVATE STORM WATER POLLUTION CONTROL FACILITIES APN PAGE 1 -174 APPENDIX 1.25 REV. 04-19 -2013 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION NO. 2009-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS RELATIVE TO A GRANT OF EASEMENT FOR PUBLIC STREET RIGHTS -OF -WAY WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS RELATIVE TO A GRANT OF EASEMENT FOR PUBLIC STREET RIGHTS -OF -WAY TERMS AND CONDITIONS RELATIVE TO A GRANT OF EASEMENT FOR PUBLIC STREET RIGHTS -OF -WAY, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.26 PAGE 1 -175 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None, ABSENT: None. Maggie Ifourihan, Mayor ATTEST: Deborah Cervone, City Clerk PAGE 1 -176 APPENDIX 1.26 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Dedication of Easement for Public Street Right -of -Way The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of the public street easement for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right -of -way upon, through, under, over, and across the hereinafter described real property for use as public street right -of -way, including the installation, construction, maintenance, repair, replacement, reconstruction and inspection of public utilities, including, but not limited to, electric, gas, telephone, cable television, sewer, water, storm drain, appurtenant facilities, and all structures incidental thereto, as well as other public right -of -way uses deemed necessary by Grantee, together with the perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right -of -way by Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right -of -way and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said public utilities or structures incidental thereto. To have and to hold said easement and right -of -way unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right -of -way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described on the document dedicating or irrevocably offering the dedication. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement and right -of- way any building or structure of any nature or kind that will interfere with the use of said easement and right -of -way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated. APPENDIX 1.26 PAGE 1 -177 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Grantor for himself, his successors and assigns, hereby waives claim for any and all damages to Grantor's remaining property contiguous to the public street right -of -way conveyed by the dedication or offer of dedication by reason on the location, construction, landscaping, or maintenance of said public road right -of -way. This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of easement for public street right -of- way. Grantor agrees that Grantor's duties and obligations under this offer of dedication are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this offer of dedication. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor. PAGE 1 -178 APPENDIX 1.26 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION NO. 2009-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS FOR GRANT OF PUBLIC EASEMENT FOR PRIVATE STREET WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR A GRANT OF PUBLIC EASEMENT FOR PRIVATE STREET TERMS AND CONDITIONS FOR A GRANT OF PUBLIC EASEMENT FOR PRIVATE STREET, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.27 PAGE 1 -179 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None. ABSENT: None. - -� 4 << Maggie ffoudhan, Mayor ATTEST: L_XX.. J;a. C k Deborah Cervone, City Clerk PAGE 1 -180 APPENDIX 1.27 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Grant of Public Easement for Private Street The grant of public easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The public easement for private street shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for use as a public easement over a private street, which purposes shall include the erection of public signage; and also the installation, construction, maintenance, repair, replacement, reconstruction and inspection of public utilities, including, but not limited to, electric, gas, telephone, cable television, public sewer, public water, public storm drain, fire hydrants, appurtenant facilities, and all structures incidental thereto; as well as other public right -of -way uses deemed necessary by Grantee; together with the perpetual right of ingress and egress for the construction, maintenance, or alteration of any public utility equipment or facility situated in or on said easement; and also the perpetual right of ingress and egress of emergency access vehicles for emergency purposes; and also the perpetual right to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right -of -way by Grantee, its successors or assigns and in addition thereto; and also to remove soil and other materials within said right -of -way and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said public utilities or structures incidental thereto. To have and to hold said easement unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described on the document granting the easement. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement any building or structure of any nature or kind that will interfere with the use of said easement and right -of -way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. This easement may be terminated in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. APPENDIX 1.27 PAGE 1 -181 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the public easement for private street. Grantor agrees that Grantor's duties and obligations under this easement are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this easement. If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this easement the right to enforce this easement against the Grantor. PAGE 1 -182 APPENDIX 1.27 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION NO. 2009-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS FOR GRANT OF PUBLIC DRAINAGE EASEMENT WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR GRANT OF PUBLIC DRAINAGE EASEMENT TERMS AND CONDITIONS FOR GRANT OF PUBLIC DRAINAGE EASEMENT, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.28 PAGE 1 -183 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None, ABSENT: None. Maggie Ifourihan, Mayor ATTEST: Deborah Cervone, City Clerk PAGE 1 -184 APPENDIX 1.28 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Grant of Public Drainage Easement The grant of public drainage easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The public drainage easement shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for drainage and for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of public storm drain, appurtenant facilities, and all structures and facilities incidental thereto, and for the flowage of any waters in, over, upon, and through said easement, together with the perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right -of -way by Grantee, its successors, or assigns, and in addition thereto, to remove soil and other materials within said easement and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said drainage facilities or structures incidental thereto. To have and to hold said easement unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described in the document granting the easement. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement any building or structure of any nature or kind that will interfere with the use of said easement and right -of -way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, APPENDIX 1.28 PAGE 1 -185 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated. The Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right -of -way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it unless the fence interferes with the easement use. This easement may be terminated in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of drainage easement. Grantor agrees that Grantor's duties and obligations under this easement upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this easement. If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this easement the right to enforce this easement against the Grantor. PAGE 1 -186 APPENDIX 1.28 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION NO. 2009-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS FOR GRANT OF PUBLIC SEWER EASEMENT WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR GRANT OF PUBLIC SEWER EASEMENT TERMS AND CONDITIONS FOR GRANT OF PUBLIC SEWER EASEMENT, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.29 PAGE 1 -187 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None. ABSENT: None. Maggie Ifourihan, Mayor ATTEST: Deborah Cervone, City Clerk PAGE 1 -188 APPENDIX 1.29 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Dedication of Public Sewer Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public sewer easement for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right -of -way upon, through, under, over, and across the hereinafter described real property for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of sewer pipe lines and /or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, for ingress and egress for public sewer maintenance and repair, together with the perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right -of -way by Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right -of -way and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said sewer lines or structures incidental thereto. To have and to hold said easement and right -of -way unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right -of -way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the document dedicating or offering to dedicate the sewer easement. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement and right -of -way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantors hereby covenant and agree for themselves, their heirs, successors and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement and right -of- way any building or structure of any nature or kind that will interfere with the use of said easement and right -of -way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from APPENDIX 1.29 PAGE 1 -189 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated; and the Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right -of -way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the described works of improvement. This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the Grantee. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication or offer of dedication of sewer easement. Grantor agrees that Grantor's duties and obligations under this offer of dedication are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this offer of dedication. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor. PAGE 1 -190 APPENDIX 1.29 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION NO. 2009-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS FOR GRANT OF PUBLIC SEWER OR DRAINAGE ACCESS EASEMENT WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR GRANT OF PUBLIC SEWER OR DRAINAGE ACCESS EASEMENT TERMS AND CONDITIONS FOR GRANT OF PUBLIC SEWER OR DRAINAGE ACCESS EASEMENT, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.30 PAGE 1 -191 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None. ABSENT: None. Maggie Ifourihan, Mayor ATTEST: Deborah Cervone, City Clerk PAGE 1 -192 APPENDIX 1.30 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Grant of Sewer or Drainage Access Easement The grant of public sewer and drainage access easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The public sewer and drainage access easement shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for providing vehicular access to the public sewer and drainage facilities, installation, maintenance, repair, and replacement of paved surface, drainage ditches, and any flowage of surface runoff, perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed necessary by Grantee, to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement by Grantee, its successors or assigns and in addition thereto, to perform grading within said easement. Should a portion or entire said access easement be located within a paved driveway or access road for the benefit of Grantor's property, then the Grantor is responsible for installation and maintenance of the pavement within said access easement. The Grantor shall construct the pavement within the access easement to withstand the heavy truck loading that may be necessary to access the sewer or drainage easement. The Grantee shall not be responsible for damages to the pavement due to Grantee's maintenance or emergency truck traffic. To have and to hold said easement unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described in the document granting the easement. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained within the above easement any building or structure of any nature or kind that will interfere with the use of said easement by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. APPENDIX 1.30 PAGE 1 -193 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated. This easement may be terminated in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the grant of drainage easement. Grantor agrees that Grantor's duties and obligations under this easement are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this easement. If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this easement the right to enforce this easement against the Grantor. PAGE 1 -194 APPENDIX 1.30 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION NO. 2009-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS FOR GRANT OF FLOWAGE EASEMENT WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR GRANT OF FLOWAGE EASEMENT TERMS AND CONDITIONS FOR GRANT OF FLOWAGE EASEMENT, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.31 PAGE 1 -195 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None, ABSENT: None. Maggie Ifourihan, Mayor ATTEST: Deborah Cervone, City Clerk PAGE 1 -196 APPENDIX 1.31 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Grant of Flowage Easement The grant of flowage easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is subject to the following terms and conditions. The grant of flowage easement shall be for a perpetual easement for the flowage of waters in, over, upon, and through said easement. To have and to hold said easement unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described in the document granting the easement. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that the Grantors shall not constructed within said easement any building or structure, walls, fences, or undertake the planting or growing of trees or shrubs, or changing the surface grade. Grantor is responsible to use the easement in accordance with the conditions and restrictions stated herein and prevent any impacts to free flowage of water within said easement. Grantor is responsible for maintenance of the flowage easement. Nothing contained herein shall be construed to assign flowage maintenance responsibilities to the City of Encinitas. This easement may be terminated in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the grant of flowage easement. Grantor agrees that Grantor's duties and obligations under this easement are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this easement. If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the APPENDIX 1.31 PAGE 1 -197 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 performance of this easement the right to enforce this easement against the Grantor. PAGE 1 -198 APPENDIX 1.31 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION NO. 2009-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS FOR GRANT OF CLEAR SPACE EASEMENT WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR GRANT OF CLEAR SPACE EASEMENT TERMS AND CONDITIONS FOR GRANT OF CLEAR SPACE EASEMENT, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.32 PAGE 1 -199 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None, ABSENT: None. Maggie Ifourihan, Mayor ATTEST: Deborah Cervone, City Clerk PAGE 1 -200 APPENDIX 1.32 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Grant of Clear Space Easement The grant of clear space easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is subject to the following terms and conditions. The grant of clear space easement shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for the purposes of maintaining proper vehicular sight distance, together with the perpetual right to perform grading, and to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement by Grantee, its successors, or assigns. To have and to hold said easement unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described in the document granting the easement. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained within said easement any building, walls, fences, structures, monument signs or, landscaping more than six inches in height, nor shall there be any changing of the surface grade. Grantor is responsible to use the easement in accordance with the conditions and restrictions stated herein and prevent any impacts to the sight visibility through, upon and over the said easement. Grantor is responsible for maintenance of the site visibility easement. Nothing contained herein shall be construed to assign clear space maintenance responsibilities to the City of Encinitas. This easement may be terminated in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the grant of flowage easement. Grantor agrees that Grantor's duties and obligations under this easement are a lien—upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this easement. APPENDIX 1.32 PAGE 1 -201 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this easement the right to enforce this easement against the Grantor. PAGE 1 -202 APPENDIX 1.32 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION NO. 2009-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS FOR GRANT OF PUBLIC SLOPE EASEMENT WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR GRANT OF PUBLIC SLOPE EASEMENT TERMS AND CONDITIONS FOR GRANT OF PUBLIC SLOPE EASEMENT, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.33 PAGE 1 -203 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None. ABSENT: None. Maggie Ifouirihan, Mayor ATTEST: Deborah Cervone, City Clerk PAGE 1 -204 APPENDIX 1.33 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Grant of Slope Easement The grant of public slope easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The public slope easement shall be for a perpetual easement upon, through, over, and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, and reconstruction of earth embankment slopes and embankments and facilities incidental thereto. The slope easement prohibits installation of any buildings, structures, fences, trees, shrubs, landscape, underground or above ground utilities, and changing the surface grade, or placement of other facilities that may interfere with the use of the easement by the Grantee. The Grantors grants to the Grantee continued use of the said easement and the right to grade within the easement and remove buildings, structures, fences, trees, shrubs, landscape, underground or above ground utilities, or any facilities that interfere with the use of the easement by the Grantee, to remove soil and other materials within said easement and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said slope easement. To have and to hold said easement unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described in the document granting the easement. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, the terms and conditions of this easement. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated. The Grantee hereby covenants and agrees that after the installation and completion of the slope in the above described easement it will restore landscape, irrigation, erosion APPENDIX 1.33 PAGE 1 -205 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 control, any utilities, and any fence removed by the construction, unless the fence interferes with the easement use. This easement may be terminated in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California unless an expiration date is specified in the easement grant. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the grant of public drainage easement. Grantor agrees that Grantor's duties and obligations under this easement are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this easement. If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this public slope easement the right to enforce this easement against the Grantor. PAGE 1 -206 APPENDIX 1.33 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION NO. 2009-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS FOR GRANT OF PUBLIC RECREATIONAL TRAIL EASEMENT WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR GRANT OF PUBLIC RECREATIONAL TRAIL EASEMENT TERMS AND CONDITIONS FOR GRANT OF PUBLIC RECREATIONAL TRAIL EASEMENT, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.34 PAGE 1 -207 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None. ABSENT: None. Maggie ouxlhan, Mayor ATTEST: Deborah Cervone, City Clerk PAGE 1 -208 APPENDIX 1.34 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Dedication of Public Recreational Trail Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public recreational trail easement for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right -of -way upon, through, under, over, and across the hereinafter described real property for public recreational trail purposes which include, without limitation, use by members of the public to walk, jog, run, ride horses, and operate non - motorized bicycles. The real property referred to above is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the document dedicating or irrevocably offering to dedicate the public recreational trail easement. Grantor hereby further offers to Grantee the privilege and right to perform grading and to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described land where deemed necessary by Grantee for the construction and maintenance of said public recreational trails. RESERVING unto Grantor, successors or assigns, the right to eliminate such slopes and /or drainage structures or portions thereof, when in the written opinion of the Grantee, the necessity therefore is removed by substituting other protection, support and /or drainage facility, provided such substitution is first approved in writing by Grantee. Grantor hereby further offers to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said trail easement, including the right to take water, together with the right to use the same in such manner and at such locations as Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said public Trails. Grantee, for itself, its successors and assigns, hereby waives claim for any and all damages to Grantee's remaining property contiguous to the trail easement hereby conveyed by reason of the location, construction, landscaping, or maintenance of said public recreational trails. This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the Grantee. This dedication or offer of dedication shall be irrevocable and shall run with the land and be binding upon and inure to the benefit of future owners, APPENDIX 1.34 PAGE 1 -209 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 encumbrances, successors, heirs, personal representatives, transferees, and assigns of the respective parties. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication or offer of dedication of recreational trail easement. Grantor agrees that Grantor's duties and obligations under this offer of dedication are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this offer of dedication. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor. PAGE 1 -210 APPENDIX 1.34 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION NO. 2009-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS FOR GRANT OF PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR GRANT OF PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT TERMS AND CONDITIONS FOR GRANT OF PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.35 PAGE 1 -211 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None. ABSENT: None. Maggie ouxlhan, Mayor ATTEST: Deborah Cervone, City Clerk PAGE 1 -212 APPENDIX 1.35 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Dedication of Pedestrian Access, Drainage, and General Utility Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of pedestrian access, drainage, and general utility easement for benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right -of -way upon, through, under, over, and across the hereinafter described real property for pedestrian access and use, for drainage, and for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of public utilities, including, but not limited to, electric, gas, telephone, cable television, sewer, water, storm drain, appurtenant facilities, and all structures incidental thereto, together with the perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right -of -way by Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right -of -way and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said public utilities or structures incidental thereto. To have and to hold said easement and right -of -way unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right - of -way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described on the document dedicating or irrevocably offering the dedication. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement and right -of -way any building or structure of any nature or kind that will interfere with the use of said easement and right -of -way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the Grantee. APPENDIX 1.35 PAGE 1 -213 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of pedestrian access, drainage, and general utility easement. Grantor agrees that Grantor's duties and obligations under this offer of dedication are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this offer of dedication. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor. PAGE 1 -214 APPENDIX 1.35 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION NO. 2009-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS FOR GRANT OF PEDESTRIAN ACCESS EASEMENT WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR GRANT OF PEDESTRIAN ACCESS EASEMENT TERMS AND CONDITIONS FOR GRANT OF PEDESTRIAN ACCESS EASEMENT, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.36 PAGE 1 -215 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None. ABSENT: None. Maggie IfouKhan, Mayor ATTEST: Deborah Cervone, City Clerk PAGE 1 -216 APPENDIX 1.36 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Dedication of Pedestrian Access Easement The dedication or irrevocable offer of dedication made by the Grantors named in the document dedicating or offering the dedication of public pedestrian access easement for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right -of -way upon, through, under, over, and across the hereinafter described real property for pedestrian access purposes. The real property referred to above is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the document dedicating or irrevocably offering to dedicate the pedestrian access easement. Grantors hereby further offer to Grantee the privilege and right to perform grading and to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described land where deemed necessary by Grantee for the construction and maintenance of said pedestrian access. Reserving unto Grantors, their successors or assigns, the right to eliminate such slopes and /or drainage structures or portions thereof, when in the written opinion of the Grantee, the necessity therefore is removed by substituting other protection, support and /or drainage facility, provided such substitution is first approved in writing by Grantee. Grantors hereby further offer to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said pedestrian access easement, including the right to take water, together with the right to use the same in such manner and at such locations as Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said pedestrian access. Grantee, for itself, its successors and assigns, hereby waives claim for any and all damages to Grantee's remaining property contiguous to the pedestrian access easement hereby conveyed by reason of the location, construction, landscaping, or maintenance of said pedestrian access. This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the Grantee. This dedication or offer of dedication shall be irrevocable and shall run with the land and be binding upon and inure to the benefit of future owners, encumbrances, successors, heirs, personal representatives, transferees, and assigns of the respective parties. APPENDIX 1.36 PAGE 1 -217 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication or offer of dedication of pedestrian access easement. Grantor agrees that Grantor's duties and obligations under this offer of dedication are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantors by way of this offer of dedication. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor. PAGE 1 -218 APPENDIX 1.36 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 RESOLUTION 2009 -63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS FOR GRANT OF GENERAL UTILITY EASEMENT WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements; and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR GRANT OF GENERAL UTILITY EASEMENT TERMS AND CONDITIONS FOR GRANT OF GENERAL UTILITY EASEMENT, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas. SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective. APPENDIX 1.37 PAGE 1 -219 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None. ABSENT: None. Magwou lihan, a or ATTEST: Deborah Cervone, City Clerk PAGE 1 -220 APPENDIX 1.37 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 Terms and Conditions for Dedication of General Utility Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of the general utility easement for benefit the of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right -of- way upon, through, under, over, and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of public utilities, including, but not limited to, electric, gas, telephone, cable television, sewer, water, storm drain, appurtenant facilities, and all structures incidental thereto, together with the perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right -of -way by Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right -of -way and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said public utilities or structures incidental thereto. To have and to hold said easement and right -of -way unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right - of -way by this grant is situated in the County of San Diego, State of California, and is particularly described on the document dedicating or irrevocably offering the dedication. The Grantor may, at its own risk, use the surface of the above - described real property in a manner that will not interfere with or be detrimental to the use of said easement and right -of -way by Grantee, its successors and assigns, provided that no trees shall be planted or grown thereon and the entire area encumbered by the general utility easement shall be graded flat and unobstructed at all times, unless authorized by the Grantee in writing. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement and right -of -way any building or structure of any nature or kind that will interfere with the use of said easement and right -of -way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. APPENDIX 1.37 PAGE 1 -221 CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009 The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated. This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the Grantee. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of the general utility easement. Grantor agrees that Grantor's duties and obligations under this offer of dedication are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this offer of dedication. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor. PAGE 1 -222 APPENDIX 1.37