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1997-4744 G
City Of Encinitcu October 23, 1997 attn: Patty Bevil Barratt American, Inc. 2035 Corte del Nogal Carlsbad, CA 92009 Re: Tentative Parcel Map 94- 097 "East - Windsor Estates 11" Grading App] ication 4744GR (Mass Grading & Erosion Control) A.P.N.264- 171 -10 Permit Issuance Requirements Pursuant to your request, this correspondence shall serve to initiate you on the procedures of the Engineering Services Departmentthat will need to be followed in order to begin construction. The present status of the proposed minor subdivision is as follows: a) the processing of the final parcel map is incomplete, b) the grading plan has been approved by the Director of Engineering Services, effective October 22, 1997, and will expire in three years. Not until the proposed parcel map is deemed technically correct can any approval, which would be in the form of a grading permit, be given to begin construction. In addition to technical correctness, the following provisions and conditions are specific to engineering permit issuance: (1) Grading Permit. Post a Security Deposit in the amount of $31,493.00 to guarantee performance of earthwork, drainage improvements, and erosion control, all of which are elements of mass grading for 4 single fam i ly residential lots and 1 remainder parcel. Pay an additional Plancheck Fee of $100.00 and a non - refundable Inspection Fee of $1,575.00. Provide the name, address, telephone number, and state license number of the Construction Contractor. The Contractor must be licensed to do the work as shown on the approved Plans. Since the individual lots are being mass graded to sheet flow, no rough grading approval will be forthcoming. As- builts of Drawing 4744 -G, prepared by the Engineer of Work and approved by the Engineering Services Department, shall be required prior to Final Inspection. Satisfactory conclusion of Final Inspection for the Grading Permit is a prerequisite to the release of the Security Deposit. (2) Right -of -way Construction Permit. JSG /94- 097.doc1 TEL 019- I,ti -!ul Al FVX(11" i -!L!- i16 \S 'I11:an : \%cn I I V FII,uIIIJI c'. a iI-,rno 921121 -A'I i; '1'1111 I',.,• _-" recyc:ed paper Post a Security Deposit in the amount of $5,687.00 to guarantee performance of right -of -way surface improvements and repair, installation of a sidewalk underdrain in the public right -of -way and continuation of the rear yard brow ditch into the new public drainage easement, temporary pub I is trai I improvements, and instal lation of street trees. Pay a non - refundable Inspection Fee of $284.00. Provide the name, address, telephone number, state license number and type of each Construction Contractor performing work per Plan 50394. The Contractor(s) must have a valid Type "A" [Engineering] or selection of Types "C -8" [PCC], "C -12" [paving & grading], and/or "C -34" [pipeline] state license, dependent on the work for which the Contractor(s) has subcontracted, and meet the minimum insurance requirements as detailed on the accompanying handout. Sign the Right -of -way Standard Conditions. Draft planting standards for street trees have been provided as an enclsoure Excavation, backfill, and, in certain cases, resurfacing for installation of public water improvements and public sewer improvementsmay be included within the scope of the Construction Permit given the Contractor is the same. Securing and inspection of piping and pipe zone are within the jurisdiction of the Special Districts concerned, the Olivenhain Municipal Water District and Cardiff Sanitation District, respectively. Trenching for installation of gas, electric, cable television, and telephone will not be included within the scope of this Permit. A separate Right -of -way Construction Permit, with a Permit Fee of $250.00, will be required in conjunction with similar Contractor license and insurance requirements. Detailed schematics of the proposed layouts of conduits, pedestals, vaults, valves and other appurtenances are required. Coverage using the existing Security Deposit is acceptable. Traffic Engineering Division will review Traffic Control Plans, and issue Haul Routes and Transportation Permits. Please contact Raymond Guames, Engineering Technician, at (760) 633- 2704 for more information. As -built representation shall be made on the Grading Plan prior to Final Inspection. Satisfactory conclusion of Final Inspection for the Right -of -way Construction Permit is a prerequisite for release of the Security Deposit. (3) Sewer Construction Permit. Post a Security Deposit in the amount of $4,125.00 to guarantee performance of sewer lateral installation. Pay an Inspection Deposit of $300.00. Staff will charge time and materials to the memo project in which the Deposit is placed. Under the City's cost recovery system, the property owner /developer is either responsible for expenses that exceed the Deposit or will be refunded the excess upon closure of the memo project. JSG /94- 097.doc2 Provide the name, address, telephone number, and state license number and type of the Construction Contractor of whom is required a valid Type "A" or "C -34" state license and the minimum insurance coverage as detailed on the accompanying handout. As -built representation shal I be made on the Grading Plan prior to Final Inspection. Satisfactory conclusion of Final Inspection for the Sewer Construction Permit is a prerequirsite for release of the Security Deposit. Wastewater Discharge Permits and Plumbing Permits shall be obtained prior to any connection to the newly constructed sewer laterals. Up to eighty percent of the Security Deposit may be in the form of a Performance Bond issued by a State of California licensed surety company. Twenty percent has to be in the form of cash, a certificate of deposit, a letter of credit, or an assignmentof account. The City must pre- approve any financial instrument's format. Please be reminded that the Land Surveyor who prepared the Map has deferred the monumentation. A separate Security Deposit, in the amount of $1,500.00, will need to be posted to guarantee performance and payment of labor and materials. The monumentation is to be completed by a licensed Land Surveyor or qualified Civil Engineer, and verified by the assigned Engineering Inspector, prior to any engineering final inspection. A Performance Bond may be accepted for the entire penal sum of right -of -way construction, sewer construction, and deferred monumentation. The rule requiring minimum cash or cash equivalent deposit shall always apply for grading and erosion control. Four blueline prints of the approved Plan 4744 -G are needed. Once all the prerequisites have been met, the applicable Permits will be printed and ready for validation. Either the property owneddeveloperor an authorized representative may sign as the "Permittee'. Upon Permit issuance, advance notice of 48 hours must be given the assigned Engineering Inspector before the property owner /developeror contractorcan schedule the mandatory preconstruction conference. Construction changes (e.g., preliminary/precise grading), prepared by the Engineer of Work and approved by the Engineering Services Department, must be submitted in advance as redlined mark -ups on 2 blueline sets of the approved Plan. An issued Permit shall be valid for a length of time not to exceed one year from the date of issuance. The expiration date may be earlier due to expirations on insurance policies and letters of credit. If the Permit expires without benefit of final inspectionsand a year has passed since the date of issuance, a reissuance fee may be charged. All dollar amounts mentioned are subject to change. If development of the project is to be delayed, it is imperativeto confirm periodicallythe stipulations in this letter. JSG /94- 097.doc3 This letter is for the subdivider's or successor's information only and in no way changes any obligations under the Parcel Map. The scope of the letter is limited to the immediate authority of the Engineering Services Department. During development of the project, specifically when the lots are being designed and prepared for eventual building construction, and at the very minimum, the developer will need services from the Building Inspection, Current Planning, and Housing Divisions of the Community Development Department, the Parks and Beaches Division of the Community Services Department, the Fire Prevention Bureau in the Fire Department, 2 Special Districts, and 2 School Districts. Please inquire at their respective public counters as appropiate. Land development in the Cardiff Sanitation Division is regulated at the Engineering Counter of the City. Additional requirements from the Engineering Services Department will be forthcoming during the Building Permit process, including, but not limited to, assessment and payment of sanitary sewer, flood control, and traffic mitigation fees, and coordination of building site plans with approved engineering plans. Approval of the grading plan is not to be construed to be an approval of the waterline distribution to each lot. The Senior Civil Engineer for Subdivision Engineering, Hans Jensen, is currently evaluating the pending parcel map approval with respect to how each lot is served as shown on the grading plan. You may be compelled to provide alternative water service plans. Should you have any questions, please contact me at (760) 633 -2780, or you may visit the Engineering Counter at the Civic Center. Sincerely, Jeffrey S. Garami Engineering Technician Subdivision Engineering cc Logan Engineering, Engineer of Work Ron Brady, Engineering Inspector Greg Caudill, Engineering Technician enc JSG /94- 097.doc4 T r Q F E N C I N I T A EN 4EEFING SERVICES DEFARTMEt 505 S. VULCAN AVE. ENCINITAS. CA ' 202'+ GRADING PERMIT PERMIT NO.: -• +�GI F'HF =EL. W. D. J5 SITE ADDRESS: yFF'LICANT NAME MAILINE. ADDRESS:. CITY: CARLSBAD PLAN NO.: 4744 -G EAST WINDSOR ESTATES II BARR::TT AMERICAN. INC. 2035 CORTE -DEL NOGAL #160 PHONE NO.: 760- 431- 08tj0 STATE: CA ZIF. 9200P- CONTPACTOF. :. BARRATi AMERICAN. INC. LICENSE 1,40,; 407512 ENGINEER . : LOGAN ENGINEERING FERHIT ISSUE DATE: 10 2? PERMIT EXP. DATE. IG +27i -G PERMIT ISSUED I115F'ECTOR: RON BRADY - PERMIT FEES & DEPOSITS PHONE NO.: 760- 431 -0800 LICENSE TYPE: A F NE tD.: 7 O- 4E -8474 E'r : 1. PLAID CHECK FEE 1.50o.CPO 4. INSPECTION DEPOSIT: .00 c -. INSPECTION FEE 1.575.00 5. SECURITY DEPOSIT 31.493. GC• FLAN CHECK. DEF'OS I T : .(jr, � ��{;Ej� MWM7MiE�iTi1T101J : � l SCZ7. QD - -- ---- ------- ---- - - - - -- DESCRIPTION OF WORK- ------------------------------- .THt,+GRF; /= RAINAGE 111FROVEMENTS EROSION C014TROL AS MASS GRADING FOR 4EA RESIDENTIAL LOT & LEA REMAINDER LOT PER TPM 94 -097. EARTHWORK: �,5C +GCY CWTiFILL. FLAN APPROVED OCT aE 1��4r7. LETTER DATED OCT 23 199; APPLIES. A5- EUILTS &.COMPLETION OF DEFERRED I•IONUMENTATION REQUIRED PRIOR TO FINAL INSFECTION. - - -- [ytCTIOId ----=----------- L331 I5 145FECTION C01IF", - -TION REFQRT RECEIVED EIdGIIaEEn CERT. RECEIVED ROUGH.GFADING INSFECT ION Fl! IALa�I hiSF• EC T 1014 Q INSPECTOR'S SIG14ATLIRE I HEREBY ACKNOWLEDGE THAT I HAVE READ THE APPLICATION AND STATE THAT THE INFORMATION IS CORRECT A14D AGREE TO COMPLY WITH ALL CITY ORDINANCES AND STATE LAWS REGULATING EXCAVATING AND GRADING, AND THE PROVISIONS AND CONDITIONS OF l4Ni PEPHIT ISSUED PURSUANT TO THIS APPLICATION. a dA TC!RE R_O - !� F I I S' CJAIIE IFCLe QNE: L. OWNER 2. AGENT 3. OTHER 6,%7 -q 7 DATE SIGNED 71.0-431 -°boo -- TELEPHOIJE 14UIIBER e, F E N C I N I T A EI +Ib, AEEF fidG SERVICES OEPARTMEK 50.5 S. VULCAN AVE. E!+I+�INITAS, CA Y202% C12145TFUCTION PERMIT EleME A4AXH 404p. PERMIT NO.: +7�4CN PARCEL 140. : E64- 171 -1000 FLAN NO.: 474ti -t jO5 SITE ADDRESS: EA=T WINDSOR ESTATES II APPLICANT NAME : 6ARRATT AMERICAN. INC. HAILING ADDRESS: x035 CORTE DEL NOGAL #160 PHONE NO.: 7cC- +SJ -'i6iu CITY: CARLSBAD STATE: CA CIF: 9200�y- CONTRACTOR BARRATT AMEPICAd. INC. PHO14E NO.: 760- 431 -0800 LICEI-15E NO.: 40751E LICENSE T'v'PE: A INSURANCE COMPANY NAME: UNITED NATIONAL INSURANCE CO POLICY NO. CHS0010 +i0e POLICY EXP. DATE: 3i15 9a N&INEEr" LOGAN ENGINEEPIN= NE N 760- ti42 -E474 PERMIT ISSUE DATE: J-:, F7-y-? PERMIT EXP. DATE: 3.'I5%76 PERMIT ISSUED 6'r IIS5FECTOF: FON GRAD ---- - - - - -- FERMIT FEES & DEPOSITS -- ------ - - - - -- — ---- r, - - - -- :.. PERMIT FEE 254.00 - INSPECTION DEPOSIT: 3. SECURITY DEPOSIT 5.6E7.00 .w. a,- - - ------- ------- - - -- -- DESCRIPTION OF WORK" ------- - - - - -- ------------------ RIGHT-OF-WAY SURFACE IMFROVEMENTS TO INCLUDE DRIVEWAY AFFROACHES:'TRENCH REFAIR.'INSTALLATIQN OF UNDEPORA1N /EXTENSION OF FEAR 'YARD BROW DITCH INT +O FUELIC DFA111AGE EASEIIE14T:'TEMPORARY PUBLIC TRAIL IMPROVEMENTS TO I14CLUDE DECUNFOSED GRANITE SURFACING. AREA LAVDSCAFINGiPLANTING OF STREET' TREES. ALL PER TPM 94- - }97. LETTER DATED OCT E3 1997 APPLIES. --- iNEFECTION ------ - - - - -- -- - Iio4ATUFE - - -- ----I q•�G'N�f Ci�"j - - - -- rY 1F1I? !.AL lWSFECTUO!d cII;AL INSPECTION 1 HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AIVD 00 HERE6'r CEFTIFr UNDER FENALT'i OF FEFSUFY THAT ALL THE INFORIIATIO14 IS TRUE. Laws_ fly oc, kc 10,72-1 - 9-7 DATE SIGNED '7G6 - 411 -OEa0 TELEPHONE NUM6EF - ' * r r F E N C I N I T A c EN EERING SERVICES DEFARTMEI, 505 S. VULCAN AVE. E[4E11,1ITASr• CA '72024 CARDIFF 5ANITATIOIwDISTRICT F ° SEWER CONSTRUCTIOW PERMIT =/,CALEVWQI 1404A i . PERMIT NO.: DCS254 cee= scc... arrrx= e. ccscxcccsscz. ss- sxssssxsssxxxsxsassscss= ssseaxz- sx= aaee =rs.cr PARCEL 1,10. : E64-1-73-1000 PLAN NO.: 4744-5 JOB SITE ALDRESE: EAST WINDSOR ESTATES II APFLIi-ANT NAME BARRATT AMERICAN. INC. I•IAILI146 ADDRESS: 2035 CORTE DEL NOGAL N160 PHONE NO.: 700- 451 -0800 CITY: CARLSBAD STATE: CA ZIP: 92009- CONTRACTOR : BARRATT AMERICAN. INC. PHONE NO.: 760- 43I-0800 LICENSE NO.: 407510 LICENSE TYPE: A INSURANCE COMPANr NAME: UNITED NATIONAL INSURANCE CO POLIC) NO. : CHBOO10013o POLICY EXP . ATE: 3/15/98 ENGINEEF : LOGAN E146INEERINu PH J h10. " - 4C -C474 PEPMIT ISSUE DATE: PERMIT E:iF. DATE: 3/15/46 PERMIT ISSUED B'r: 0,13PECTOR: FON BRADY - _ - - - -- ------------------------- PERMIT FEES L DEPOSITS -------------- -------------- I. FERNIT FEE .01-1 4. I14SPECTIO14 DEPOSIT: 300.00 d. 111;:5FECTION FEE 00 5. SECURIT'i DEPOSIT 4.IE5.00 :. PLAN CHECK DEPOSIT: .00 - -- ---- ----- - - - - -- DESCRIPTION OF WORK. ----------- -------------------- 1. WSTALLATirill OF `_SEA SEWER LATERAL FOR 4EA RESIDENTIAL LOT. IEA REMAINDER PARCEL. ALL PER TFM 44-0177. FIGHT- OF -WA'r CONSTRUCTION FERNIT 4744CN. WASTEWATER DISCHARGE PERMITS REQUIRED PRIOR TO CONNECTION. LETTER DATED JCT 23 I =01 APPLIES. - - -- 111SPECTION -- INITI;tiL INSPECTION FINAL INSPECTION Hm''E CAFEFULLi EtAHINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER EJ+4L- T: OF PEFJUFY THAT ALL THE INFORMATION IS TRUE. 12• n 0 dA TI!4E _ La" t-s s� oc,u� FF.IIIT JlAl•IE •=1FCLE -014E: 1. OWIJEF 2. AGENT 3. OTHER 10-Z ? -$7 DATE SIG14ED (7&0) f3t -0500 TELEFHONE NUMBER October 15, 1998 RMINIMM o Hans Jenseel -•�J�' i" Engineering CITY OF ENCINITAS 505 S. Vulcan I Encinitas, CA 92024 iN° G RE: Windsor II IV Bond Release Tract 15615, Parcels 1 - and T . 7 1 pm 16cLoZS Dear Mr. Jensen: Oc Barratt American Incorporated has substantially completed improvements on our Windsor II project in the City of Encinitas. Please accept this letter as our formal request to begin the process for bond exoneration for the above referenced project. We are requesting bond exoneration on the following bonds: Bond No. Item Amount Tract 15615 11133334125 Grading & Drainage $ 29,488 11133334117 Sewer Improvements $ 16,480 1 ETA I' I 11133334141 Grading & Drainage $ 25,194 11133334133 Monumentation $ 1,500 11133334166 Right -of -Way Improvements $ 5,687 11133334158 Sewer Improvements $ 4,125 Please let us know what other information you might need in order to proceed with this request. Please direct any questions you might have to either Richard Sanchez or Patricia Bevil. Thank you. Sincerely, BARRATT AMERICAN INCORPORATED Patricia L. Bevil Planning & Engineering Barratt American Incorporated 2035 Corte Del Nogal, Suite 160, Carlsbad, 944N92PDOCS�PqTr^BONDSIBOND- WIN.D15 (760) 431 -0800 Contractor's License No. 407512 ENGINEERING INSPECTION CENTRAL FIELD f OCCUPANCY APPROVAL FORM \ TO: Engineering Counter Staff FROM: Engineering Inspection Staff Central Field approval for Building Permit No.: &69 L4?LfV Cr 1 Project Name: Of Developer Name and Address: &144Q& /k!faa t. Ile 2. 3s aZt•' G We have inspected the site at���� Address Z� ,�,4Kfq G12,0?�7 and have determined the work under the Grading/In. provement permit but prior to final building inspection is complete. MRtion Department approval by: Inspector Date: -4 imsa6s I ENGINEERING INSPECTION CENTRAL FIELD OCCUPANCY APPROVAL FORM TO: Engineering Counter Staff FROM: Engineering Inspection Staff Central Field approval for Building Permit No.: 'j' ! 4 CT Project Name:t'�i/� 0t 6a z I y Developer Name and Address. & Ik We have inspected the site at Address and have determined the work under the Grading/Improvement permit but prior to final building inspection is complete. M54ngineeringAn ction epa ment approval by: Inspector Date: J-2JF —�,oP— im5365 ENGINEERING SERVICES DEPARTMENT City Of Capital Improvement Projects District Support Services Encinitas Field Operations Subdivision Engineering Traffic Engineering Field Clearance to Allow Occupancy TO: Subdivision Engineering Public Service Counter FROM: Field Operations Private Contract Inspection RE: Building Permit No.14� _ -- 1 111? - Name of Project 1ytPU�Q� I `z Name of Developere/� %`r�i 14WjW10,4 -1 1 /AC . q 6 G4Cf S'MUTif 6"2-- I have inspected the site at 1&28 WIA/E (address.. number ,. street name ...suffix) and have determined that finish (precise) grading and Oot no.) (bldg. no.) any other related site improvements are substantially complete and that occupancy is merited. ��01 %� (Date) (Signature of Senior Civil Engineer, only if appropiate) (Date) Reference: Engineering Permit No. g0yC/ /- Special Note: Please do not sign the "blue card" that is issued by Building Inspection Division and given to the developer. You are only being asked to verify field conditions. Office staff still has the responsibility to verify that compliance with administrative requirements is achieved, typically payment of impact fees or execution of documents. Return this form, if completed, to counter staff merely by dropping it in the slot labelled "final inspection' that is located between the desks of the engineering technicians. Also, please remember to do final inspections on the related engineering permits and return that paperwork, if completed. Thank you. IaJ f✓� JSG /field.docI +i—otil-TTIVA TEL 760 - 633 -2600 / FAX 760633 -2627 505 S. Vulcan Avenue, Encinitas, California 92024 -3633 TDD 760 - 633 -2700 !, :� recycled paper 0�19 • Civil Engineering • Land Planning • Structural • Surveying June 17, 1999 City of Encinitas Engineering Services Department 505 S. Vulcan Avenue Encinitas, CA 92024 RE: FINAL MONUMENTATION — WINDSOR ESTATES II EAST CITY OF ENCINITAS TPM 94 -097 — RECORDED AS P.M. 17938 This letter is to certify that all of the exterior and interior monuments for the subject Parcel Map No. 17938, including the remainder parcel, have been set in accordance to said parcel map. The original surveyor of the map set the monuments, with no deviation as to type and location of moments as shown on the recorded parcel map. Logan Engineering and his surveyor, Gary Magill, have been paid in full for this work. Should you have any questions or comments, please feel free to contact this office at your convenience. �o Q7,0FESsIC4, ( E. 4oc Fyc+ u O Yl m C 39726 a UP. 12 -31.01 mf9r CIVIV F OF CALIF�Q .r 132 N. El Camino Real, Suite N • Encinitas, CA 92024 Encinitas Office: Fax /Phone 760- 942 -8474 Fairbanks Office: Phone 619- 756 -8696 January 7, 1998 City of Encinitas Building /Planning Department 505 South Vulcan Avenue Encinitas, CA 92024 • Civil Engineering • Land Planning • Structural • Surveying o JAN 08 ENGINEERING SERVICES CITY OF ENCINITAS RE: PAD CERTIFICATION - PARCEL 1 OR P.M. 17938 BARRATT AMERICAN - WINDSOR ESTATES CITY OF ENCINITAS DRAWING NO. 4744 -G Logan Engineering hereby certifies that on January 5, 1998, the subject parcel was surveyed by, or under the direction of, the undersigned in order to determine the rough "as- graded" pad elevations. The results of our survey are as follows: • PAD ELEVATION PER PLAN: 84.0 FEET • FIELD MEASUREMENT: 84.0 FEET Pad with deviations in elevation does not exceed 0.1 feet, plus or minus. ly, Douglas E. Logan, R.C.E. 39726 Principal E. C 38726 Exp. 1231.01 IV11 C. �� ,OF CAOO/ 132 N. El Camino Real, Suite N • Encinitas, CA 92024 Fax/ Phone 760 - 942 -8474 January 7, 1998 City of Encinitas Building /Planning Department 505 South Vulcan Avenue Encinitas, CA 92024 • Civil Engineering • Land Planning • Structural �y e'y i`n'g JAN 08 1 ENGINEERING SERVICES CITY OF ENCINITAS RE: PAD CERTIFICATION - PARCEL 2 OR P.M. 17938 BARRATT AMERICAN - WINDSOR ESTATES CITY OF ENCINITAS DRAWING NO. 4744 -G Logan Engineering hereby certifies that on January 5, 1998, the subject parcel was surveyed by, or under the direction of, the undersigned in order to determine the rough "as- graded" pad elevations. The results of our survey are as follows: • PAD ELEVATION PER PLAN: 83.7 FEET • FIELD MEASUREMENT: 83.7 FEET Pad with deviations in elevation does not exceed 0.1 feet, plus or minus. Douglas E. Logan, R.C.E. 39726 Principal C 39728 EXP. 12 -91 -01 132 N. EI Camino Real, Suite N • Encinitas, CA 92024 Fox/ Phone 760 - 942 -8474 January 7, 1998 City of Encinitas Building /Planning Department 505 South Vulcan Avenue Encinitas, CA 92024 • Civil Engineering • Land Planning • Structural • Surveying RE: PAD CERTIFICATION - PARCEL 3 OR P.M. 17938 BARRATT AMERICAN - WINDSOR ESTATES CITY OF ENCINITAS DRAWING NO. 4744 -G Logan Engineering hereby certifies that on January 5, 1998, the subject parcel was surveyed by, or under the direction of, the undersigned in order to determine the rough "as- graded" pad elevations. The results of our survey are as follows: • PAD ELEVATION PER PLAN: 83.3 FEET • FIELD MEASUREMENT: 83.2 FEET Pad with deviations in elevation does not exceed 0.1 feet, plus or minus. rely, ENGINEERING JAN 13 L ENGINEERING SERVICES CITY OF ENCINITAS Douglas E. Logan, R.C.E. 39726 Principal E CpG Fyn h C 39726 * p. 12-31-01 sfgl CIV1v a�Q F OF GAUF() P 132 N. EI Camino Real, Suite N • Encinitas, CA 92024 Fox/ Phone 760 - 942 -8474 January 7, 1998 City of Encinitas Building /Planning Department 505 South Vulcan Avenue Encinitas, CA 92024 • Civil Engineering • Land Planning • Structural • Surveying RE: PAD CERTIFICATION - PARCEL 4 OR P.M. 17938 BARRATT AMERICAN - WINDSOR ESTATES CITY OF ENCINITAS DRAWING NO. 4744 -G Logan Engineering hereby certifies that on January 5, 1998, the subject parcel was surveyed by, or under the direction of, the undersigned in order to determine the rough "as- graded" pad elevations. The results of our survey are as follows: • PAD ELEVATION PER PLAN: 83.0 FEET • FIELD MEASUREMENT: 83.0 FEET Pad with deviations in elevation does not exceed 0.1 feet, plus or minus. Douglas E. Logan, R.C.E. 39726 Principal JAN 13 ENGINEERING SERVICES CITY OF ENCINITAS E. 40G Fc 9y f C 39726 Exp. 12.31 -01 ONII �P ' 5A I / 132 N. El Camino Real, Suite N • Encinitas, CA 92024 Fax /Phone 760- 942 -8474 January 7, 1998 City of Encinitas Building /Planning Department 505 South Vulcan Avenue Encinitas, CA 92024 • Civil Engineering • Land Planning • Structural • Surveying RE: PAD CERTIFICATION - REMAINDER PARCEL OF P.M. 17938 BARRATT AMERICAN - WINDSOR ESTATES CITY OF ENCINITAS DRAWING NO. 8004 -G Logan Engineering hereby certifies that on January 5, 1998, the subject parcel was surveyed by, or under the direction of, the undersigned in order to determine the rough "as- graded" pad elevations. The results of our survey are as follows: • PAD ELEVATION PER PLAN: 85.0 FEET • FIELD MEASUREMENT: 85.0 FEET Pad with deviations in elevation does not exceed 0.1 feet, plus nr mi ntls . ?r—� uuu JAN 13 L ENGINEERING SERVICES CITY OF ENCINITAS i Douglas E. Logan, R.C.E. 39726 Principal C 39728 Exp. 12.31 -01 'I3 132 N. EI Camino Real, Suite N • Encinitas, CA 92024 Fax /Phone 760 - 942 -8474 THE ORIGINAL OF THIS DOCUMENT HAS RECORDED ON OCT 2B, 1997 Requested b ) DOCUMENT NUMBER 1997 - 0539913 Recording 4u y : GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE City of Encinitas ) TIME: 1254 FM When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) SPACE ABOVE FOR RECORDER'S USE PRIVATE ROAD AND DRAINAGE FACILITIES Assessor's Parcel No. 264 -*#4 10 FOR Parcel 1 and Remainder Parcel Project No.: TPM 94 -097 W.O. No.: THIS AGREEMENT for the maintenance and repair of that certain private road easement, the legal description and /or plat of which is set forth in Exhibits "A" attached hereto and those private drainage facilities, the legal description and /or plat of which is set forth in Exhibits „A, attached hereto and made a part hereof, is entered into by BARRATT AMERICAN INCORPORATED, a Delaware Corporation. (hereinafter referred to as "Developer ") for the benefit of future subdivision lot owners who will use the private road easement (hereinafter referred to as "lot owners ", which shall include the Developer to the extent the Developer retains any ownership interest in any lot or lots). 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; cov4173 1 and, WHEREAS, Developer is the owner of certain real property being subdivided and developed as TPM 94 -097 that will use and enjoy the benefit of said road easement. A complete legal description of said real property is attached, labeled Exhibit" and incorporated by reference. Said real property is hereinafter referred to as the "property "; and WHEREAS, it is the desire of the Developer that said private road easement and drainage facilities be maintained in a safe and usable condition by the lot owners; and WHEREAS, it is the desire of the Developer to establish a method for the maintenance and repair of said private road easement and drainage facilities and for the apportionment of the expense of such maintenance and repair among existing and future lot owners; and WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running with the land, binding upon each successive lot owner of all or any portion of the property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property is benefitted by this Agreement, and present and successive lot owners of all or any portion of the property are cov4173 2 expressly bound hereby for the benefit of the land. 2. The cost and expense of maintaining the private road easement and drainage facilities shall be divided equally among the subdivided parcels created in the subdivision and paid by the lot 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 lot 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 unless the consent for additional work is agreed to by a majority vote of the lot owners owning 100% of the number of parcels, including subdivisions thereof as described in Paragraph 3 above: reasonable and normal road improvement and maintenance work to adequately maintain said private road easement and drainage facilities to permit all- weather access and conveyance of storm flows. Repairs and maintenance under this Agreement shall include, but is not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, removing cov4173 3 debris, maintaining signs, markers, striping and lighting, if any, and other work reasonably necessary and proper to repair and preserve the easement for all- weather road purposes. 5. If there is a covenant, agreement, or other obligation imposed as a condition of subdivision approval to make private road improvements to the private road easement, the obligation to repair and maintain the private road easement as herein set forth shall commence when the private road improvements have been completed and approved by the City. 6. Any extraordinary repair required to correct damage to said road easement or drainage facility that results from action taken or contracted for by lot 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 road easement or drainage facility to the condition existing prior to said damage. 7. It is agreed that Developer is initially the agent to contract and oversee and do all acts necessary to accomplish the repairs and maintenance required and /or authorized under this Agreement. Developer further agrees that the agent may at any time be replaced at the direction of a majority of the lot owners. Repair and maintenance work on the private road easement and cov4173 4 drainage facilities shall be commenced when a majority of the lot owners agree in writing that such work is needed. The agent shall obtain three bids from licensed contractors and shall accept the lowest of said three bids and shall then initiate the work. The agent shall be paid for all costs incurred including a reasonable compensation for the agent's services, and such costs shall be added to and paid as a part of the repair and maintenance costs; provided, however, that compensation for the agent's services shall in no event exceed an amount equivalent to 10% of the actual cost of repairs and maintenance performed. In performing his duties, the agent, as he anticipates the need for funds, shall notify the parties and each party shall within forty -five (45) days pay the agent, who shall maintain a trustee account and also maintain accurate accounting records which are to be available for inspection by any party or authorized agent upon reasonable request. All such records shall be retained by the agent for a period of five years. 8. Should any lot owner fail to pay the pro rata share of costs and expenses as provided in this Agreement, then the agent or any lot owner or owners shall be entitled without further notice to institute legal action for the collection of funds advanced on behalf of such lot owner in accordance with the provisions of California Civil Code Section 845, and shall be entitled to recover in such action in addition to the funds advanced, interest thereon at the current prime rate of interest, until paid, all costs and cov4173 5 disbursements of such action, including such sum or sums as the Court may fix as and for a reasonable attorney's fees. 9. Any liability of the lot owners for personal injury to the 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 lot 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, as between the lot owners in the same percentages as they bear the costs and expenses of such repairs and maintenance. Each lot owner shall be responsible for and maintain his 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. Each of the lot owners agrees to indemnify the others from any and all liability for injury to himself or damage to his property when such injury or damage results from, arises out of, or is attributable to any maintenance or repairs undertaken pursuant to this Agreement. 10. Lot 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 cov4173 6 of defense and attorney's fees, to the agent hereunder or to any lot owner, any contractor, any subcontractor, any user of the road easement, 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 road easement or drainage facilities. 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 each of the lot 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 lot owners. 13. It is the purpose of the signatories hereto that this instrument be recorded to the end and intent that the obligation cov4173 7 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 lot 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. 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 by a "Declaration" (as defined in California Civil cov4173 8 Code Section 1351(h), and (ii) the Common Area of the property (including the private road easement) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private road easement and drainage 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. cov4173 9 IN WITNESS WHEREOF, the parties have executed this Agreement on the 2nd day of October 1 19 97 Developer: BARRA AMERICAN INCORPORATED, a Delaware Corporation By: ` David A. Jacinto, Vice President By: Donna Rowley, Assis ant Secre6ary cov4173 10 State of California County of San Diego On October 2, 1997 before me, Lynn C. Hanson, Notary Public, personally appeared Donna Rowley and David A. Jacinto, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. LYNN C. HMSON TOMM. #1 938 y 4 Cam don a OCTOBER 14, 1997 ` (SEAL) EXHIBIT "A" PRIVATE ROAD LEGAL DESCRIPTION THAT PORTION OF COLE RANCH ROAD, FORMERLY " E" STREET, ADJOINING PARCEL 2 & 4 OF PARCEL MAP NO. 15615 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 23, 1989 AS FILE NO. 89- 148940, LYING WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING THEREFROM THAT PORTION AS VACATED AND CLOSED TO THE PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO ON JUNE 11, 1986. EXHIBIT "B" PROPERTY LEGAL DESCRIPTION ALL THAT PORTION OF LOTS 73 AND 74 OF COLONY OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, TOGETHER WITH THAT PORTION OF "F" STREET LYING BETWEEN SAID LOTS 73 AND 74 AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, A CERTIFIED COPY OF SAID RESOLUTION BEING RECORDED IN THE OFFICE OF THE COUNTY RECORDED ON AUGUST 29, 1924, IN BOOK 751, PAGE 423 OF DEEDS, AND THAT PORTION OF THE SOUTHERLY HALF OF 12TH STREET LYING NORTHERLY OF AND ADJOINING SAID LOTS 73 AND 74 AND SAID "F" STREET AND THAT PORTION OF THE EASTERLY HALF OF "E" STREET LYING WESTERLY OF LOT 73 AND ITS NORTHERLY PROLONGATION, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF SAID LOT 74; THENCE NORTH 15 006'12" EAST ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID WEST HALF OF LOT 74, A DISTANCE OF 40.00 FEET TO AN INTERSECTION WITH THE CENTER LINE OF SAID 12TH STREET; THENCE NORTH 73026'35" WEST ALONG SAID CENTER LINE, A DISTANCE OF 573.75 FEET TO AN INTERSECTION WITH THE CENTER LINE OF "E" STREET; THENCE SOUTH 15006'20" WEST ALONG SAID CENTER LINE OF "E" STREET, A DISTANCE OF 280.85 FEET; THENCE SOUTH 73028'45" EAST, A DISTANCE OF 573.75 FEET TO THE EASTERLY LINE OF THE WESTERLY HALF OF SAID LOT 74; THENCE NORTH 15006'12" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 240.46 FEET TO THE POINT OF BEGINNING. i THE ORIGIHAL OF THIS DOCUMENT WAS RECORDED ON OCT 28, 1997 > DOCUMENT NUMBER 1997-0539912 GREGORY J. SMITH, COUNTY RECORDER When Recorded Mail To: ) SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 1254 PM City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY Assessor's Parcel Number: 264 - 3=x-10 1 Project No. TPM 94 -097 A. BARRATT AMERICAN, INCORPORATED, A DELAWARE CORPORATION ( "OWNER" hereinafter) is the owner of real property which is commonly known as TPM 94 -097, ( "PROPERTY" hereinafter) and which is legally described as follows: See Attachment "A" which is attached hereto and made a part hereof. B. In consideration of Final Parcel Map approval for the above referenced project 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 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 incurs costs to enforce the provisions of this Covenant, the prevailing party shall be cov5117 bak 7 -29 -96 s 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 person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: BARRATT AMERICAN INCORPORATED OWNE Dated /o / 97 4 Q DaaVi A. Jacinto, Vice President Dated !Q - % _ l 04-1� (Notarization of OWNER signature is attached)Donna Rowley, &st. Secretary ATTACH NOTARY HERE Dated d"O'D`z, 21 t'd1 (Notarization not required) cov5117 bak 7 -29 -96 CITY OF ENCINITAS by---� l Bill Weedman, City Planner State of California County of San Diego On October 1, 1997 before me, Lynn C. Hanson, Notary Public, personally appeared Donna Rowley and David A. Jacinto, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. a (SEAT.) ATTACHMENT "A" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. TPM 94 -097 PROPERTY DESCRIPTION ALL THAT PORTION OF LOTS 73 AND 74 OF COLONY OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, TOGETHER WITH THAT PORTION OF "F" STREET LYING BETWEEN SAID LOTS 73 AND 74 AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, A CERTIFIED COPY OF SAID RESOLUTION BEING RECORDED IN THE OFFICE OF THE COUNTY RECORDED ON AUGUST 29, 1924, IN BOOK 751, PAGE 423 OF DEEDS, AND THAT PORTION OF THE SOUTHERLY HALF OF 12TH STREET LYING NORTHERLY OF AND ADJOINING SAID LOTS 73 AND 74 AND SAID "F" STREET AND THAT PORTION OF THE EASTERLY HALF OF "E" STREET LYING WESTERLY OF LOT 73 AND ITS NORTHERLY PROLONGATION, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF SAID LOT 74; THENCE NORTH 15 006'12" EAST ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID WEST HALF OF LOT 74, A DISTANCE OF 40.00 FEET TO AN INTERSECTION WITH THE CENTER LINE OF SAID 12TH STREET; THENCE NORTH 73 026'35" WEST ALONG SAID CENTER LINE, A DISTANCE OF 573.75 FEET TO AN INTERSECTION WITH THE CENTER LINE OF "E" STREET; THENCE SOUTH 15 006'20" WEST ALONG SAID CENTER LINE OF "E" STREET, A DISTANCE OF 280.85 FEET; THENCE SOUTH 73 028'45" EAST, A DISTANCE OF 573.75 FEET TO THE EASTERLY LINE OF THE WESTERLY HALF OF SAID LOT 74; THENCE NORTH 15 006'12" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 240.46 FEET TO THE POINT OF BEGINNING. cov5117 bak 7 -29 -96 J ATTACHMENT "B" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. TPM 94 -097 OWNER'S DUTIES 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 prorated equally of 1/4 the total sum for parcels 1, 2, 3, and 4 for TPM 94 -097. Each parcel shall pay the prorated fee 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 prorated equally of 1/4 the total sum for parcels 1, 2, 3, and 4 for TPM 94 -097. Each parcel shall pay the prorated fee 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. cov5117 bak 7 -29 -96 Recording requested by When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON OCT 28, 1997 DOCUMENT NUMBER 1997-0539911 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO GOUNTY RECORDER'S OFFICE TIME: 1254 FM SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIV ?SION OF REAL PROPERTY. Assessor's Parcel No. 264 -#3 -10 1 }1 Project No.: W.O. No.: TPM 94 -097 A BARRATT AMERICAN INCORPORATED, a Delaware Corporation ( "SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TPM 94 -097 ( "PROPERTY" hereinafter) and which is described as follows: See Attachment 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 improvements by SUBDIVIDER. SUBDIVIDER has applied for final approval of the subdivision but has not constructed the required 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 Attachment B which is attached hereto and made a part hereof. 10el5a.TF3 01/20/95 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 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. 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. 10e15a.TF3 01/20/95 ACCEPTED AND AGREED. Dated Dated 10/02/97 Dated Dated 10/02/97 SUBDIVIDER AMERICAN INCORPORATED uavia•A. jacinro, vice rresiaent nna Rowley, Asst. Secretar (Notarization of SUBDIVIDER signature is attached.) CITY OF ENCINITAS Dated ���21� l 1 by �.Uvw an D. Archibald Director of Engineering Services (Notarization not required) 10e15a.TF3 01/20/95 State of California County of San Diego On October 2, 1997 before me, Lynn C. Hanson, Notary Public, personally appeared Donna Rowley and David A. Jacinto, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. Ll'NN C. HANSON �" . COMM. ♦1008938 .'. , . nr of W My caemudon � OCTOBER 14,1997 ww� (SEAL.) ATTACHMENT A TO LIEN COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TPM 94 -097 PROPERTY DESCRIPTION ALL THAT PORTION OF LOTS 73 AND 74 OF COLONY OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, TOGETHER WITH THAT PORTION OF "F" STREET LYING BETWEEN SAID LOTS 73 AND 74 AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, A CERTIFIED COPY OF SAID RESOLUTION BEING RECORDED IN THE OFFICE OF THE COUNTY RECORDED ON AUGUST 29, 1924, IN BOOK 751, PAGE 423 OF DEEDS, AND THAT PORTION OF THE SOUTHERLY HALF OF 12TH STREET LYING NORTHERLY OF AND ADJOINING SAID LOTS 73 AND 74 AND SAID "F" STREET AND THAT PORTION OF THE EASTERLY HALF OF "E" STREET LYING WESTERLY OF LOT 73 AND ITS NORTHERLY PROLONGATION, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF SAID LOT 74; THENCE NORTH 15 006'12" EAST ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID WEST HALF OF LOT 74, A DISTANCE OF 40.00 FEET TO AN INTERSECTION WITH THE CENTER LINE OF SAID 12TH STREET; THENCE NORTH 73 026'35" WEST ALONG SAID CENTER LINE, A DISTANCE OF 573.75 FEET TO AN INTERSECTION WITH THE CENTER LINE OF "E" STREET; THENCE SOUTH 15 °06'20" WEST ALONG SAID CENTER LINE OF "E" STREET, A DISTANCE OF 280.85 FEET; THENCE SOUTH 73 028'45" EAST, A DISTANCE OF 573.75 FEET TO THE EASTERLY LINE OF THE WESTERLY HALF OF SAID LOT 74; THENCE NORTH 15 006'12" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 240.46 FEET TO THE POINT OF BEGINNING. 10e15a.TF3 01/20/95 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TPM 94 -097 SUBDIVIDER'S DUTIES AND OBLIGATIONS Name of SUBDIVIDER: BARRATT AMERICAN INCORPORATED Tract or Parcel Map Number : TPM 94 -097 Name of Subdivision: WINDSOR II Resolution of Approval Number: OL -94 -07 Adopted: 10/04/94 Estimated total cost of improvements: $6,600.00 1. 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 improvements referred to below: 3 dated Improvement plans for TPM 94 -097 sheets _L through 10/01/97 and prepared by LOGAN ENGINEERING as approved on by the City Engineer together with any subsequent amendments approved in writing by the City Engineer; on file with CITY in the Engineering Services and incorporated herein as though fully set forth at length. 10e15a.TF3 01/20/95 1.2 Further, SUBDIVIDER agrees to perform the following conditions: RESOLUTION CONDITIONS: 1.3 The setting by a licensed surveyor or engineer of all monuments and stakes not installed on the date of recording of the Map, and the setting of all monuments and stakes previously installed, but which were removed, altered or destroyed prior to the completion of the improvements and their acceptance by the City, within 30 days after acceptance of the improvements by the City. Owner hereby further agrees to pay the engineer or surveyor for setting the monuments and to secure the obligation to pay the engineer or surveyor by providing security for faithful performance, as set forth in. the section herein entitled "Security ", subject to the following: (a) Notice of Setting. Pursuant to Section 66497 of the Subdivision Map Act, within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to Owner and the City Engineer that final monuments have been set. (b) Payment of Engineer. Upon payment to the engineer or surveyor for setting the final monuments, Owner shall present to the City evidence of payment and receipt thereof by the engineer or surveyor. In that event, Owner's security 10e15a.TF3 01/20/95 obligations conditioned on payment to the engineer or surveyor, as required by this Paragraph, shall terminate. (c) Nonpayment. If Owner does not present evidence to the City that he /she has paid the engineer or surveyor for setting the final monuments, and if the engineer or surveyor notifies the City that he /she has not been paid by Owner for setting the final monuments, the City may, within three months from the date of said notification, pay the engineer or surveyor from any deposit the amount due. (d) Death or Disability of Engineer. Pursuant to Section 66498 of the Subdivision Map Act, in the event of death, disability or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his /her refusal to set such monuments, the City may select a substitute engineer or surveyor to set the monuments. If.the original engineer or surveyor is replaced by another the former may, by letter to the City, release his /her right to set the final monuments to the surveyor or engineer who replaced him /her. when the monuments are so set, the substitute engineer shall amend any Map in accordance with the correction and amendment provisions of Sections 66469 through 66472 of the Subdivision Map Act. All provisions of this Agreement relating to payment shall 10e15a.TF3 01/20/95 apply to the service performed by the substitute engineer or surveyor. 2.0 PROGRESS OF WORK 2.1 Time is of the essence with this Covenant. SUBDIVIDER shall commence substantial construction of the improvements required by this Covenant not later than 1" ol- 2oc0 and shall complete the improvements no later than 11 -a1 -2000 In the event good cause exists, as determined by the City Engineer, the time for commencement of construction or completion of the 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 for 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 public improvements are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced prior to the acquisition and acceptance by CITY of appropriate property interests. SUBDIVIDER 10e15a.TF3 01/20/95 shall pay the actual costs of acquisition of such property interests. 2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction of the 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 by 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 improvements, and shall protect the public from such dangers. 3.0 INSPECTION /ACCEPTANCE OF IMPROVEMENTS 3.1 The City Engineer or his duly authorized representative, upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense, the improvements herein agreed to be constructed and installed by 10e15a.TF3 01/20/95 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 and recommend the acceptance of the public improvements by CITY through resolution of the City Council of CITY. 3.2 The SUBDIVIDER agrees to pay for each inspection of the improvements required by the City Engineer. 3.3 Approval of the improvements and acceptance of the public improvements by CITY, shall not constitute a waiver by CITY of any defects in the improvements. 3.4 Until such time as the improvements required by this Covenant are fully completed by SUBDIVIDER, approved by the City Engineer and the public improvements are accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such public improvements. 4. GUARANTEE /WARRANTY 4.1 ONE YEAR. SUBDIVIDER hereby guarantees and warrants the public improvements constructed pursuant to this Covenant for a period of one year after final acceptance of said work to include design, work, labor and materials furnished. If within the one year period, any public improvement or part of any public improvement furnished, installed or constructed, or caused to be furnished, installed or constructed by SUBDIVIDER, fails to fulfill any of the requirements of this Covenant or otherwise fails to function to the satisfaction of the CITY, SUBDIVIDER shall without 10e15a.TF3 01/20/95 delay and without any cost to CITY, repair, replace or reconstruct any failing part or parts of the public improvement. 4.2 TEN YEARS. For ten years following the acceptance by CITY of the public improvements, SUBDIVIDER shall remain obligated to cure all identified defects in the design, construction, materials of the public improvements. 5.0 SECURITY 5.1 FOR CONSTRUCTION OF IMPROVEMENTS A. SUBDIVIDER shall furnish to City good and sufficient security in the form of a cash deposit, a letter of credit or other security as approved by the City Engineer in the amount of 100% of the estimated total costs of constructing the improvements, to assure faithful performance of this Covenant in regards to the construction of the improvements. B. In the event that changes, alterations or additions to the improvement plans and specifications or to the improvements add 10% or more to the original estimated costs of the improvements, SUBDIVIDER shall provide additional security in a form satisfactory to CITY in an amount equal to 100°% of the total estimated increase in the construction cost of the improvements. The amount of the additional security may be adjusted by the amount of work completed and any prior, partial releases of security. 5.2 FOR ONE YEAR GUARANTEE /WARRANTY. SUBDIVIDER shall furnish to CITY good and sufficient security, in the form of a cash deposit, letter of credit or other security as approved by the City 10e15a.TF3 01/20/95 Engineer, in the amount of 25% of the estimated total cost of the public improvements, to secure SUBDIVIDER's guarantee and warranty specified herein for a period of one year following the acceptance by CITY of the public improvements. 6. CURING OF DEFAULTS 6.1 In the event that SUBDIVIDER fails to perform any duty or obligation imposed by this Covenant, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform such duty or obligation twenty (20) days after CITY mails written notice of default to SUBDIVIDER and SUBDIVIDER fails to cure such default. SUBDIVIDER agrees to pay the actual costs of such performance by CITY. The security posted by SUBDIVIDER pursuant to this Covenant may be used by CITY for the completion of such performance, but shall not limit SUBDIVIDER's liability. 6.2 In the event of SUBDIVIDER'S uncured default, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER. SUBDIVIDER shall be liable to CITY for the actual costs or damages occasioned CITY thereby. Without liability for so doing, CITY may take possession of the construction site and the work. In completing the work, CITY may utilize such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary therefore. 10e15a.TF3 01/20/95 6.3 Should the exigencies of the case require repairs, replacements, or work to be done before SUBDIVIDER can be notified and given 20 days to perform, CITY may, at CITY's option and without liability, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the actual costs of so doing. 7.0 HOLD HARMLESS 7.1 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. 7.2 SUBDIVIDER'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 SUBDIVIDER's proposed plans, specifications or design so long as such change is objected to, in 10e15a.TF3 01/20/95 writing, by the SUBDIVIDER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 7.3 SUBDIVIDER'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; alleged inverse condemnation of property or a consequence of the design, construction, or maintenance of the work or the improvements; and any accident, loss or damage to the work or the improvements prior to the acceptance of same by CITY. 7.4 By approving the improvement plans, specifications and design; by inspecting or approving the improvements; or by accepting the public improvements, CITY shall not have waived the projections 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. 7.5 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. 8.0 INSURANCE 8.1 The SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and 10e15a.TF3 01/20/95 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 canceled, terminated, or allowed to expire without thirty (30) days prior written notice to CITY from the insurance company. 8.2 CITY shall be named as an additional insured on SUBDIVIDER's policies. 8.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 9.0 NOTICES 9.1 Any notices to be given under this COVENANT, or otherwise, shall be served by certified mail. 9.2 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: 10e15a.TF3 01/20/95 10.0 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 §§ 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. 11.0 GENERAL PROVISIONS 11.1 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. 11.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations set forth herein. 11.3 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 the CITY except as to the result to be accomplished. SUBDIVIDER may confer with CITY as required to perform this Covenant. 11.4 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. 10e15a_TF3 01/20/95 2 row July 24, 1997 Mr. Blair Knoll City of Encinitas Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 • Civil Engineering • Land Planning • Structural � • Surveying H') RE: BARRATT PARCEL MAP — CALLE SANTA CRUZ CITY OF ENCINTAS TPM 94-097 Dear Blair: A a 0 Please allow this letter to serve as a summary of the items discussed and agreed upon at our meeting today concerning the subject Parcel Map in Olivenhain. The main points of the meeting were as follows: • The improvements for the trail do not need to be shown on a separate public improvement plan. The trail improvements will be shown on the grading plan that we are currently processing (DWG No. 4744 -G). • In addition, the improvements required for the landscaping along the trail and area adjacent to the trail and the remainder parcel can also be shown on the grading plan (DWG. No. 4744 -G) as long as it is acceptable to the Planning Department. • The 15 gallon trees that are required to planted along the frontage of Caile Santa Cruz shall be one foot off of the property line into the existing right -of -way so as to be maintained by the City. • No further engineering will be required for Cole Ranch Road as the existing approved road plan (DWG No. 8004 -G) already indicates the future vertical alignment should Cole Ranch Road ever be extended to the south. • No grading will be shown or allowed on the remainder parcel until the Parcel Map is recorded and a Certificate of Compliance is filed with the City. Upon approval of the Certificate of Compliance, the grading plan can be amended to include grading for this remainder parcel. Please review this letter and respond, if necessary, with any additional comments and/or discrepancies that you may find in the above items. If we do not receive any correspondence from your office within a timely manner, we will assume that the above items are an accurate representation of the subjects that were discussed and agreed upon at our meeting this afternoon. Thank yo rf�r your attention in this matter and willingness to resolve these issues. IN Principal cc: Hans Jensen, Subdivision Engineer Dave Jacinto, Barratt American, Inc. 132 N. El Camino Real, Suite N • Encinitas, CA 92024 Fax /Phone 760 - 942 -8474 { 4 _ r .i �. City Of A' Encinitas April 27, 1992 Lancon, Inc. 2923 Canonita Dr. Fallbrook, CA 92028 RE: VIOLATION OF CITY GRADING ORDINANCE APN 264- 171 -10 Gentlemen: I am in receipt of your fax dated 4- 23 -92. I am willing to wait the two weeks for your submittal of the TPM; however, I am not willing to tie the grading plan to the conditional approval of the TPM. The City's records show you submitted a grading plan for plan check and it was returned for corrections on June 18, 1990 and again on July 31, 1990. You were advised that an Environment Impact Assessment was required prior to the issuance of the Grading Permit on December 30, 1990. With the above track record and the slow response times demonstrated, it would not be prudent to leave this open ended. I do understand your desire to avoid changes to the grading plan due to changes required of the TPM. Since there are normally changes required by engineering when there is a conditionally approved TPM, it is requested that your submit concurrently. Please be advised that since the property is clouded with the grading violation, the fees shall be doubled according to City Code Section 15.04.035, enclosed. If you have any questions, please call me at (619) 944 -5070. Sincerely, Greg Shie ds, P.E. Sr. Civil Engineer Field Operations ENCL (1) Municipal Code Section 15.04.035 cc: Hans Jensen, Subdivisions Lloyd Holt, City Engineer Permits Counter Sam Ivey, Inspector File Craig Olson, Planner Cindy Adams, Code Enforcement Fred Reva Acal, Inc. T` 05-90 15.04.035 Work Undertaken Without a Pernit. 15.04.035 A. Where work subject to the provisions of this Chapter is undertaken without a permit, the City Engineer may: 1. Order the work to be stopped. 2. Report the violation to the Contractors' Licensing Board. 3. Impose a penalty of double the normal City processing and inspection fee for obtaining the permit. B. If a permit is not promptly obtained, the City Engineer may cause building permits to be suspended or certificates of occupancy withheld, and shall cause to be stopped all administrative action toward the processing of any project for which the issuance of a permit pursuant to this Chapter is a prerequisite until the property is restored to its original condition satisfactory to the City Engineer at the sole cost of the applicant, or until an appeal of such requirement is heard. Appeals of the City Engineer's decisions shall first be made to the } Director of Public Works. The Director of Public Works' decision may be appealed to the City Council. C. Should restoration or such other resolution as detersined by the Council not begin by a time specified by the City Engineer, the City Manager may direct the City Attorney to begin prosecution. 15.04. 040 Application for Permit A. An application for a permit authorizing work under this Chapter shall be made in accordance with procedures established by the City Engineer. Each application shall be accompanied by such detailed plans, specifications, schedules, and estimates as may be required by the City Engineer in determining the nature and e>aent of the work and applicable fees. B. Detailed plans shall be prepared on material and to the size and in the manner designated by the City Engineer. C. When proposed work or inquiries concerning the public rights -of -way necessitates investigation the City Engineer may require a special investigation application and fee. Special investigation fees shall be in addition to other fees and are not refundable. • June 27, cit), of Encinitas 1991 Jo Ann Quinn 770 Rancho Santa Fe Road Olivenhain, CA 92024 FOLLOW UP No nuporm Im bwn - n 1-, PINT R � �—Frii�r4z, za 'T3 irsi7 RE: VIOLATION OF CITY GRADING ORDINANCE Dear Ms. Quinn: The grading on your property at Rancho Santa Fe Road, APN 264 -171- 10, constitutes a violation of Section 23.24.080 of the Municipal Code which states the following: "No person may grade, fill, excavate, store or dispose of soil and earth materials, clear existing vegetation or perform any other land- disturbing or land - filling activity without first obtaining a permit as set forth in this chapter." we have researched our files and have not been able to locate a permit for the above mentioned work. ALL GRADING OPERATIONS AS DEFINED ABOVE MUST STOP IMMEDIATELY. A citation shall be issued to you if there is no permit application within 30 days of receipt of this letter or if the grading operations continue. The grading on your property is placing you in a position of high liability. This is due to the improper placement of fill and the lack of erosion control measures. These conditions could damage adjacent properties and adversely affect the safety and use of the public street. This means you are also in violation cf Section 23.24.040, see encl. (2), Public Health, Safety and Welfare. Section 23.24.330 - violation, is enclosed for your information. For further information on how to obtain a grading permit, or if there are any questions on this matter, please contact this office at (619) 944 -5070. Sincerely gig S ;gilds, P. E. Sr. Civil Engineer Field Operations ENCL (1) Municipal Code Section 23.24.040 (2) Municipal Code Section 23.24.330 Code cc: Lloyd Holt, City Engineer 3 Sam Ivey, Inspector J Permits Counter Street Maintenance quinn.gvl Roger W. Krauel, City :orney Space below for use by City of Encinitas Court Clerk ONLY 527 Encinitas Boulevard Encinitas, CA 92024 (619) 944 -5050 Attorney(s) for People of the State of California MUNICIPAL COURT OF CALIFORNIA, COUNTY OF SAN DIEGO NORTH COUNTY JUDICIAL DISTRICT 338 Via Vera Cruz San Marcos, CA 92069 The People of the State of California vs.) JO ANN QUINN ) Defendant(s) ) CASE NUMBER COMPLAINT - INFRACTION I, Dan C. Faust state, on information and belief, that (Name of Complainant) defendant(s) did, in the North County Judicial District, County of San Diego, State of California, on or about June 27. 1991 commit an INFRACTION, (Date) namely: a violation of Section(s) 23.24.080 of the Encinitas Municipal Code; to wit: Performing grading operations without obtaining a permit I declare under penalty of perjury that the foregoing is correct. Executed on December 4. 1991 at Encinitas California. (Date) (Place) a 565 Westlake Street, Building 100 (Signature of Complainant) (Address) Dan C. Faust, Public Works Inspector (619) 944 -3375 (Type or Print Name of Complainant) (Telephone) COMPLAINT DF /03/MS19- 2169wp51 (12- 04 -91) 14 FA City of Encinitas December 4, 1991 Clerk of the Court North County Municipal Court 338 Via Vera Cruz San Marcos, California 92069 Attached are the following documents: 1. Citation EN 0828 (Court copy) 2. Copy of letter to offending party citation). (mailed with original I have attempted, on several occasions, to issue this citation in person, but have been unable to locate the violator. If you have any questions regarding this matter, please contact me at (619) 944 -3375. Sincerely, Dan C. Faust Public Works Inspector Enclosures DF/03/C130- 8418wp51 (12- 04 -91) 5-- Ennmta} Ifoujnwd. Ennn,u, Cahh +rma ()-If)-' - TEL No 04y SOSn FAX (J', n;2 99;i. CFri'en'dednane• City of Encinitas Certified Mail December 4, 1991 Jo Ann Quinn 770 Rancho Santa Fe Road Olivenhain, CA 92024 Re: Violation located at: Violation: Performing obtaining a permit APN 264 - 171 -10 grading operations without Please be advised that Citation Number EN 0828 has been filed in the Municipal Court of the North County Judicial District, County of San Diego, State of California charging you with violations) of Section(s) 23.24.080 of the Encinitas Municipal Code. A copy of the citation is attached. Your arraignment date for the citation is set for Tuesday, January 21, 1992 at 8:00 a.m. at the Municipal Court, 338 Via Vera Cruz, San Marcos, California. In the event you fail to appear at this time, an affidavit will be filed with a request that a warrant be issued on this citation, which would subject you to possible arrest. Sincerely, Dan C. Faust Public works Inspector Enclosure DF/03/CL30- 8417wp51 (12- 04 -91) 527 Encini us HOWrvJftl, tnamus. CaL Uirma 9202,1 TEL hlO- aaaStKn P�U hl��.l.i!ANio rrcwdetl QdOC' COURT COPY CITY OF ENCINITAS ENCINRAS. CALIFORNIA NO. ` g 0828 NOTICE TO APPEAR DATE _A/ I B IMt �M IvAT C,50py NFE (FR , DLE. VO A7 �N RESIDENCE ADDRESS il0 �glt /cH0 CRY Sal1q is STATE ZIP ajjjp yA /ni cd BUSINESS ADDRESS CITY STATE llp � ZIP DRIVERS LICENSE NO STATE CLASS BIRTHDATE (MO..DAY.YEARI SE% M HAIR EYES HEIGHT WEIGHT RACE BIRTHPLACE SOCIAL SECURITY NO VEHICLE LICENSE NO STATE YEAR OF VEHICLE MAKE MODEL BODY STYLE COLOR VIOLATIONS) CODE SECTION DESCRIPTION 10.2 : 08o E;W4Al# aS 014ff✓101Ml- cos 1km,ft1.w71n16 6/m0 /A.4 ��ATia Jf Gdrrnrearr C&TA/nULAIy AO PdPAM rr. L A ION OF VI TI (SI CO MILTED hiaN � - %7� -/o INFRACTION BOOKING REOUIRED MISDEMEANOR AND BEUEF VIOLATIONIS) NOT COMMITTED IN MY PRESENCE DECLARED ON INFORMATION I DECLARE UNDER PENALTY OF PERJURY, UNDER THE LAWS OF THE STATE OF CALIFOR_ NIA, THAT THE FOREGOING IS TRUE AND CORRECT. ISSUING OFFICER ID NO SIGNATURE ^�" - -� �Mf DATE /Z� NAME OF ARRESTING OFFICE. IF DIFFERENT FROM ABOVE I.D. NO SIGNATURE DATE WIIApyI aamapng guln. I Olalaaa to MKNtI BI Ina Bma aW Dale CM keel N BEFORE A JUDGE OR A CLERK OF THE NORTH COUNTY MUNICIPAL COURT 338 VIA VERA CRUZ. SAN MARCOS. CALIFORNIA MONTH DAY YEAR TIME .�y�DAY DATE ��� /AAI f 2/ 199L/ ATS'160 /N_A� $, IMPORTANT - READ BACK OF THIS CITATION TI FORM APPADVED BY THE JIIDILML COUI L OF G IFORNIA Report of Earthwork Construction Windsor Palace Lot 1 for BARRATT AMERICAN W.O. 159 -CA January 7,1998 'JAN 12 ENGINEERING SERVICES CITY OF ENCINITAS EARTH AND E3 ENVIRONMENTAL ENGINEERING, INC. TABLE OF CONTENTS GEOLOGIC CONDITIONS ............................................................... ..............................1 ' Generalsite geol ogy ........................................................................ ..............................1 SITE GRADING AND TESTING ...................................................... ..............................2 Preparation of Existing Ground and Fill Placement ........................ ..............................2 FieldTesting .................................................................................... ..............................2 LaboratoryTesting .......................................................................... ..............................3 ♦ Moisture- Density Relations ..................................................... ..............................3 ♦ Expansive Soils ....................................................................... ..............................3 ♦ Sulfate Content ........................................................................ ..............................3 FOUNDATION RECOMMENDATIONS ......................................... ..............................3 Foundation Design Parameters ........................................................ ..............................5 ♦ Post Tension Foundations ....................................................... ..............................5 ♦ Exterior Isolated Footings ....................................................... ..............................5 ♦ Foundation Set Backs .............................................................. ..............................5 Construction Considerations ........................................................... ..............................6 ♦ Subgrade Moisture .................................................................. ..............................6 ♦ Moisture barrier ....................................................................... ..............................6 CONCRETE CONSTRUCTION ........................................................ ..............................7 CementType ................................................................................... ..............................7 ConcreteCracking ........................................................................... ..............................7 ' UTILITY TRENCH CONSTRUCTION AND BACKFILL .............. ..............................5 PAVEMENTDESIGN ........................................................................ ..............................9 General............................................................................................ ..............................9 POST CONSTRUCTION CRITERIA ................................................ ..............................9 AdditionalGrading .......................................................................... ..............................9 Landscape Maintenance and Planting ............................................. ..............................9 Drainage......................................................................................... .............................11 REGULATORY COMPLIANCE ...................................................... .............................11 E3 EARTH AND GEOTECHNICAL E3 ENVIRONMENTAL ENVIRONMENTAL MATERIALS TESTING MINERAL ASSESSMENT ENGINEERING, INC. ENGINEERING GEOLOGY ' January 7, 1998 W.O. 159 -CA BARRATT AMERICAN 2035 Corte del Nogal, Suite 160 Carlsbad, California 92009 Attention: Mr. Dave Jacinto Subject: Report of Earthwork Construction Windsor Palace Lot 1 TPM 94 -097 Encinitas, California Gentlemen: Earth and Environmental Engineering, Inc. is pleased to present the results of our testing and observation during earthwork construction associated with Windsor Palace , Lot 1, TPM 94 -097, in Encinitas, California. This report summarizes results of our testing during site grading and a brief summary of overall site conditions observed. The lot was graded in conjunction with the adjacent parcels as such portions of the discussion in this report apply to the entire site. GEOLOGIC CONDITIONS General site geology The site is underlain by previously placed fill soils, Quaternary Alluvial soils and bedrock comprised of Tertiary sedimentary units of the Del Mar and Santiago Formations (undifferintiated). Localized exposures of apparent Jurassic aged Santiago Peak Volcanics were observed along the northernmost portion of the subject site Calle Serena Area. 1045 LINDA VISTA DRIVE • SUITE 108 • SAN MARCOS • 92069 760- 471 -9505 • FAX 760 -471 -9074 BARRATT AMERICAN January 7, 1998 Windsor Palace Lot 1 W.O. 159 -CA Report of Earthwork Construction PAGE 2 SITE GRADING AND TESTING Preparation of Existing Ground and Fill Placement The lots were brushed as necessary. Site clearing was limited in most areas as minimal brush and cereal grasses were present. Deleterious material such as concentrated organic matter, roots and miscellaneous debris was removed. Following clearing, loose existing fill soils, alluviium, and landslide deposits were removed to compacted fill, alluvium or bedrock. Removal bottom areas in the southeastern portion of Parcel No. 4 and beneath the toe of slope area adjacent to Cole Ranch Road were stabilized prior to fill placement with geotextile fabric material due to the presence of saturated alluvial soils encountered near a perched groundwater table. Cut areas were overexcavated on all lots to a minimum depth of depth of four feet, and replaced with compacted fill. All fills consisted of onsite soils. Soils were placed in thin lifts, approximately six to eight inches in thickness, brought to near or above optimum moisture content and compacted to a minimum relative compaction of 90% of the laboratory standard. Expansive clays are present on the site and are th predominant soils present on the project. Field Testing Field density tests were performed using a sand cone (ASTM D -1556) or a nuclear gauge (ASTM D- 2922). Test results are presented on Table 1, are for the entire project. Test locations for this lot are indicated on Plate 1. Field density tests were taken at periodic intervals and random locations to check the compaction efforts by the contractor. Testing procedures are, by their nature, specific to the location of the tests taken; variable results could be obtained in other locations. Based on the grading operations observed, the test results presented herein are considered representative of the overall level of compactive efforts used during grading. Visual classification of the soils in the field, compared to soil descriptions from laboratory testing was the basis for determining the maximum dry density value and optimum moisture content applied to each density test. E3 BARRATT AMERICAN Windsor Palace Lot 1 Report of Earthwork Construction Laboratory Testing Moisture - Density Relations January 7,1998 W.O. 159 -CA PAGE 3 The laboratory maximum dry density and optimum moisture content for representative soil types were determined in general accordance with test method ASTM D -1557. A Olive green sandy silty CLAY 116.0 Maximum Dry Density Optimum Moisture Soil Description (pcJ) Content (%) Typ e D Brown silty SAND w /green clay 122.0 11.0 A Olive green sandy silty CLAY 116.0 16.0 B Light to med. Brown silty SAND w/ clay 123.0 11.0 C Brown clayey SAND 123.0 11.5 D Brown silty SAND w /green clay 122.0 11.0 E Lt. Brown silty SAND 119.5 12.0 F Lt. Gray -Green sandy clayey SILT 117.0 15.5 G Gray -green silty sandy CLAY 114.0 18.0 Expansive Soils Expansion tests were performed on representative samples of pad grade soil in general accordance with standards in the Uniform Building Code. Results of this testing indicated that the finish grade soils have an expansive index of 95 on lot 1 and are highly expansive. Sulfate Content Results of sulfate testing indicated sulfate content of 0.12% for soils representative of near surface materials. This is classified as moderate per the UBC. Sulfate resistant concrete mix designs should be used. FOUNDATION RECOMMENDATIONS Post - tensioned foundations are to be used on these lots. All foundations should be designed following the criteria in the Uniform Building Code (UBC). General guidelines for the design and construction of foundations are presented below. These are typical design criteria and are not intended to supersede the design by the structural engineer. E3 BARRATT AMERICAN January 7, 1998 Windsor Palace Lot 1 W.O. 159 -CA Report of Earthwork Construction PAGE 4 Foundation Design Parameters , Post Tension Foundations Design criteria for post- tension foundation systems in keeping with the PTI design procedures and the requirements of the UBC are outlined below. Post- tension foundations should be designed so that the superimposed loads are distributed evenly over subgrade soils. Slabs should be designed for: 'center lift ", "center drop ", 'edge lift" and "edge drop" conditions and for unsupported spans of eight feet. Exterior grade beams should be integrated into the slabs. Exterior Isolated Footings At the discretion of the structural engineer exterior isolated footings may or may not be incorporated into the post- tensioned system. If not an integral part of the system then they should be tied to the main foundation. Where feasible, tie beams in two directions should be used. If not part of the PT system they may designed using the following parameters. 1. Bearing Capacity: a) An allowable bearing capacity of 2000 pounds per square foot, including both dead and live loads, may be utilized for continuous and pad footings maintaining a minimum base width of 12 inches for continuous footings and a minimum bearing area , of three (3) square feet (1.75 ft by 1.75 ft) for pad footings is recommended. E3 E.I. 90 to 130 Exterior Grade Beam Embedment 24 inches Allowable Bearing Value 1250 psf Modulus of Subgrade Reaction 125 psi/inch Passive Pressure 300 psf/ft Coefficient of Friction (select sand) 0.55 Coefficient of Friction (native soils) 0.35 Clay Type — Montmorillonite Yes Thornthwaite Index -20 Soil Suction 3.6 Depth to Constant Soil Suction 5.0 Em Edge 3.0 Em Center 6.0 Ym Edge 0.9 Ym Center 4.5 Angular Distortion 1/400 Exterior Isolated Footings At the discretion of the structural engineer exterior isolated footings may or may not be incorporated into the post- tensioned system. If not an integral part of the system then they should be tied to the main foundation. Where feasible, tie beams in two directions should be used. If not part of the PT system they may designed using the following parameters. 1. Bearing Capacity: a) An allowable bearing capacity of 2000 pounds per square foot, including both dead and live loads, may be utilized for continuous and pad footings maintaining a minimum base width of 12 inches for continuous footings and a minimum bearing area , of three (3) square feet (1.75 ft by 1.75 ft) for pad footings is recommended. E3 BARRATT AMERICAN Windsor Palace Lot 1 Report of Earthwork Construction January 7, 1998 W.O. 159 -CA PAGE 5 b) Exterior foundation systems should be embedded at a minimum depth of 24 inches below the lowest adjacent finished grade. Embedment should be determined with consideration given to the impacts of fine grading and landscaping. c) The allowable bearing may be increased by 150 psf for each additional foot of width or depth to a maximum of 2500 psf. d) The allowable bearing value may be increased by one -third when considering short-term live loads (e.g. seismic and wind loads). 2. Lateral Resistance: a) The passive earth pressure may be computed as an equivalent fluid having a density of 300 pounds per square foot per foot of depth, to a maximum earth pressure of 2000 pounds per square foot. b) A coefficient of friction between soil and concrete of 0.35 may be used with dead load forces. c) When combining passive pressure and frictional resistance, the passive pressure component should be reduced by one - third. Foundation Set Backs The following foundation set backs should apply to all foundations: 1. The outside bottom edge of all footings for settlement sensitive structures should be set back a minimum of H/2 (where H is the slope height) from the face of any descending slope. The setback should be at least seven (7) feet and need not exceed 20 feet. 2. The bottom of all footings for structures near retaining walls should be deepened so as to extend below a 1:1 projection upward from the bottom inside edge of the wall stem. Any improvements not conforming to these setbacks may be subject to lateral movements and/or differential settlements. E3 BARRATT AMERICAN January 7, 1998 Windsor Palace Lot 1 W.O. 159 -CA Report of Earthwork Construction PAGE 6 Construction Considerations Subgrade Moisture The soil beneath post tensioned slabs should be properly moisture conditioned prior to slab construction. The extent of specific moisture conditioning is dependent on the expansivity of the soil. Presoaking may be needed. For highly expansive soil conditions, subgrade soils should be brought to at least 120% of optimum moisture content to depth equal to the exterior footing depth (24 inches). This can require an extended period of time to achieve. Moisture content should be verified by our representative prior to placing the vapor barrier or reinforcing steel. If the vapor barrier is not placed within 24 hours and/or concrete is not poured within 96 hours of testing, the moisture tests should be considered invalid unless evaluated otherwise by this office. The foundation contractor should be responsible to request additional verification/testing. Additional presoaking may be necessary. Moisture barrier A plastic vapor barrier should be used beneath all slab areas where moisture condensation is undesirable. The vapor barrier will tend to decrease the moisture transmission and condensation through the concrete. It is important to realize that all concrete slabs will be subject to some degree of moisture vapor transmission and condensation. The amount of moisture acceptable depends on various factors, not the least of which is the type of flooring to be used (e.g. carpeting typically allows moisture evaporation across large surface areas and as such is less moisture sensitive than sheet vinyl which does not). In addition to the selected under slab system, certain types of flooring may necessitate moisture proofing of the slab surface. Use of granular material creates a capillary break and protects the plastic barrier, while the plastic membrane is intended reduce moisture transmission. Various combinations of sand and membrane thicknesses are used in different circumstances. We suggest one of the two alternate sections be placed beneath all slab areas where moisture condensation is undesirable: A six (6) mil membrane sandwiched between two layers of sand at least two inches thick. The sand should be proof rolled. A ten (10) mil membrane underlain by at least two inches of sand and overlain by at least one inch of sand. The sand should be proof rolled. E3 BARRATT AMERICAN Windsor Palace Lot 1 Report of Earthwork Construction January 7, 1998 W.O. 159 -CA PAGE 7 In these soil conditions we do not advise less than two inches of granular material beneath the membrane. Increases from these minimums would tend to provide a higher level of protection. Care should be taken to insure that no tears or punctures are present in the membrane. All seams and perforations should be appropriately sealed. CONCRETE CONSTRUCTION The concrete contractor should follow UBC and ACI guidelines regarding design, mix, placement and curing of the concrete. Cement Type Results of sulfate testing indicated moderate sulfate content per the UBC. Type II concrete with a maximum water- cement ratio of 0.5 could be used in these conditions. However, considering the quality control needed for this and the potential variability of sulfate content we suggest that Type V cement be used on this site. Type V cement is the most typical option, alternate sulfate resistant mix designs could be used subject to approval by the city. Concrete Cracking Concrete cracks should be expected. These cracks can vary from sizes that are essentially unnoticed to more than 1/8 inch in width. Most cracks in concrete while unsightly do not significantly impact long term performance. While it is possible to take measures (proper concrete mix, placement, curing, control joints, etc.) to reduce the extent and size of cracks that occur, some cracking will occur despite the best efforts to minimize it. Concrete undergoes chemical processes that are dependent on a wide range of variables that are difficult, at best, to control. Concrete while seemingly a stable material also is subject to internal expansion and contraction due to external changes over time. One of the simplest means to control cracking is to provide weakened joints for cracking to occur along. These do not prevent cracks from developing, they simply provide a relief point for the stresses that develop. These joints are widely accepted means to control cracks but are not always effective. Control joints are more effective the more closely spaced. We would suggest that control joints be placed in two direction spaced the numeric equivalent of two times thickness of the slab in inches changed to feet (e.g. a 4 inch slab would have control E3 BARRATT AMERICAN Windsor Palace Lot 1 Report of Earthwork Construction January 7, 1998 W.O. 159 -CA PAGE 8 joints at 8 feet centers). As a practical matter this is not always possible nor is it a widely applied standard. UTILITY TRENCH CONSTRUCTION AND BACKFILL Utility trench excavation and backfill are the contractors responsibility. The geotechnical consultant typically provides periodic observation and testing of these operations. While, efforts are made to make sufficient observations and tests to verify that the contractors' methods and procedures are adequate to achieve proper compaction, it is typically impractical to observe all backfill procedures. As such, it is critical that the contractor use consistent backfill procedures. 1. Trenches for all utilities should be excavated in accordance with CAL -OSHA and any other applicable safety standards. Safe conditions will be required to enable compaction testing of the trench backfill. 2. All utility trench backfill in slopes, structural areas, streets and beneath all flat work or hardscape should be brought to near optimum moisture and compacted to at least 90 percent of the laboratory standard. Neither flooding nor jetting is recommended for native soils. 3. Flooding or jetting maybe used with select sand having a Sand Equivalent (S.E.) of 30 or higher in shallow (12+ inches) under slab interior trenches. The water should be allowed to dissipate prior to pouring slabs. 4. Sand backfill should not be allowed in exterior trenches adjacent to and within an area extending below a 1:1 projection from the outside bottom edge of a footing, unless it is similar to the surrounding soil. 5. Where expansive soil is present care should be taken to prevent the possible intrusion of water along the utility trenches from exterior sources. 6. Care should be taken not to place soils at high moisture content within the upper three feet of the trench backfill in street areas, as overly wet soils may impact subgrade preparation. E3 BARRATT AMERICAN January 7, 1998 Windsor Palace Lot 1 W.O. 159 -CA Report of Earthwork Construction PAGE 9 PAVEMENT DESIGN General Pavement design for the streets can be provided upon request and when the streets are near subgrade elevation. We suggest that at a minimum two weeks lead time be allowed to accommodate the necessary testing and approval process. Depending on various factors, two weeks may not be an adequate time frame to avoid delays. The paving contractor is typically responsible for compaction in the upper 6 to 12 inches of subgrade and the base to 95% relative compaction. Subgrade compaction typically requires uniform scarification, moisture conditioning to the specified depth. Both the subgrade and base must be firm and unyielding. A sample of base material needs to be provided to us for laboratory testing at least two (2) working days prior to delivery to the site. Otherwise, results of compaction testing may not be immediately available. POST CONSTRUCTION CRITERIA Additional Grading This office should be notified in advance of any additional fill placement, regrading of the site, or trench backfilling after rough grading has been completed. Footing trench spoil and any excess soils generated from utility trench excavations should be compacted to a minimum relative compaction of 90 percent if not removed from the site. Landscape Maintenance and Planting Water has been shown to weaken the inherent strength of soil, and slope stability is significantly reduced by overly wet conditions. Positive surface drainage away from graded slopes should be maintained and only the amount of irrigation necessary to sustain plant life should be provided for planted slopes. Over watering should be avoided. Care should be taken when adding soil amendments to avoid excessive watering. Leaching as a method of soil preparation prior to planting is not recommended. E3 BARRATT AMERICAN Windsor Palace Lot 1 Report of Earthwork Construction January 7, 1998 W.O. 159 -CA PAGE 10 Graded slopes constructed within and utilizing onsite materials are considered erosive. Eroded debris may be minimized and surficial slope stability enhanced by establishing and maintaining a suitable vegetation cover soon after construction. Plants selected for landscaping should be light weight, deep rooted types that require little water and are capable of surviving the prevailing climate. An abatement program to control ground burrowing rodents should be implemented and maintained. This is critical as burrowing rodents can decrease the long -term performance of slopes. Drainage The need to maintain proper surface drainage and subsurface systems can not be overly emphasized. Positive site drainage should be maintained at all times. Drainage should not flow uncontrolled down any descending slope. Water should be directed away from foundations and not allowed to pond or seep into the ground. Pad drainage should be directed toward approved area(s). REGULATORY COMPLIANCE Cuts, fills, and processing of original ground under the purview of this report, have been completed under the observation of, and with selective testing by Earth and Environmental Engineering, Inc. are found to be in compliance with the Grading Ordinance of the City of Encinitas, California. Our findings were made, and recommendations prepared in conformance with generally accepted professional engineering practices and no further warranty is implied nor made. This report is subject to review by the controlling authorities for this project. Earth and Environmental Engineering, Inc. accepts no responsibility nor liability for work, testing or recommendations performed or provided by others. E3 BARRATT AMERICAN Windsor Palace Lot 1 Report of Earthwork Construction January 7, 1998 W.O. 159 -CA PAGE 11 If you have any questions concerning this report or if we may be of further assistance, please do not hesitate to contact either of the undersigned. The opportunity to be of service is greatly appreciated. . Respectfully Submitted, Ear C y., Byron W. Anderson, RCE 26820 Project Engineer Enclosures Field Density Tests, Table 1 Compaction Test Location Map, Plate 1 Copies (2) Addressee (4) Lou Ochoa (1) Ron Brady City of Encinitas E3 BARRATT AMERICAN COMPACTION TEST RESULTS December 22,1997 Winsor Palace / Calle Serena W.O. 203 -CA 1 Parcel 1 Removal Bottom 80 Moisture Dry B Maximum N Relative Test Parcel 1 Removal Bottom 79 9.9 112.4 Soil 123 Test 91 3 Location Elev. Content Density B Density N Compaction No Parcel 1 Removal Bottom 77.5 15.6 111.7 YP Type 123 Type YP 91 5 Parcel 1 Removal Bottom 76.5 o/a cf B C N 92 1 Parcel 1 Removal Bottom 80 10.4 110.7 B 123 N 90 2 Parcel 1 Removal Bottom 79 9.9 112.4 B 123 N 91 3 Parcel 1 Removal Bottom 77.5 13.6 110.9 B 123 N 91 4 Parcel 1 Removal Bottom 77.5 15.6 111.7 B 123 N 91 5 Parcel 1 Removal Bottom 76.5 11.9 113 B 123 N 92 6 Parcel 1 At on 7 78 11.8 103.7 B 123 N 84 7 Parcel 1 At of 6 78 12.1 113.6 B 123 N 92 8 Parcel 80 18.6 104.9 A 116 N 90 9 Parcel 82 20.8 104.2 A 116 N 90 10 Parcels 82.5 21.8 104.6 A 116 N 90 11 Parcel 2 Removal Bottom 77 11.3 110.5 B 123 N 90 12 Parcel 79 20.8 105.9 A 116 N 91 13 Parcel 3 Removal Bottom 77 16.8 106.8 A 116 N 92 14 Parcel 81 17.8 105.1 A 116 N 90 15 Parcel 79 21.8 104.9 A 116 N 90 16 Parcel 77.5 22 104.9 A 116 N 90 17 Parcel 4 At on 18 76 23.6 98.9 A 116 N 85 18 Parcel 4 At of 17 76 21.1 106.2 A 116 N 91.5 19 Parcel 82.5 20.3 105.2 A 116 N 90 20 Parcel 70.5 19 103.5 F 117 SC 89 21 Parcel 4 retest of 20 70.5 18.7 106.1 F 117 N 90.7 22 Parcel 72.5 20.6 105.3 F 117 N 90 23 Parcel 74 21 105.1 F 117 N 90 24 Parcel 76.5 18.9 106.1 F 117 N 90.7 , 25 Parcel 4 slope 75 14 103.5 F 117 SC 89 26 Parcel 4 Retest of 25 75 20.5 109 F 117 SC 93 27 Parcel 78.5 20 105.3 F 117 N 90 28 Parcel 80 18.6 105.5 F 117 N 90 29 Parcel 73 17 106.4 F 117 N 91 30 Parcel 2 Bottom 75.5 11.1 118 B 123 SC 96 31 Parcel 3 S.Slope 75 15.5 104.9 F 117 N 90 32 Parcel 77 18.5 105.4 F 117 N 90 33 Parcel 3 S.Slope 79.5 20 104.8 F 117 N 90 34 Parcel 80 14.9 105.1 F 117 N 90 35 Parcel 77.5 10.8 107.4 E 119.5 N 90 36 Parcel S.Slope 75.5 11 109.9 D 122 N 90 37 Parcel 2/5 79.5 12.7 109.3 D 122 N 90 38 Parcel 80.5 11.6 109.7 E 119.5 N 92 39 Parcel 81 22 105.2 F 117 N 90 40 Parcel 82 17.8 105.3 A 116 N 90.4 41 Parcel 81.5 18.4 104.9 F 117 N 90 42 Parcel5 82 10.1 105.2 E 119.5 N 88 43 Parcel 82.5 10.9 105.2 D 122 N 86 44 Parcel 79.5 11.6 108.4 E 119.5 N 91 45 Cole Ranch Road 80 11.8 110.7 D 119.5 N 93 46 Parcel 5 retest of 42 82 16.1 110.4 D 122 SC 90.5 47 Parcel 5 retest of 43 82.5 15.8 110.8 D 122 SC 91 48 Parcel 4 Calle Serena Area 80 15.9 105.7 D 122 SC 87 49 Parcel 82 19.7 107.1 F 117 SC 92 , 50 Parcel 83.5 20.1 106.6 F 117 SC 91 SC Sand Cone Test N Nuclear Density Test BARRATT AMERICAN COMPACTION TEST RESULTS December 22,1997 Winsor Palace / Calle Serena W.O. 203 -CA 51 Parcel 5 remainder pcl 84 Moisture Dry E Maximum SC Relative Test e Parcel 4 retest of 48 80 15.6 112.8 Soil 122 Test 92.5 53 Location Elev. Content Density Density Compaction 54 Pcl 3 Calle Serena Area 85 17.8 105.2 Type 122 Type 86 55 Pcl4 84 15.3 c E cf) N 91.5 51 Parcel 5 remainder pcl 84 167 107.5 E 119.5 SC 90 52 Parcel 4 retest of 48 80 15.6 112.8 D 122 SC 92.5 53 Cole Ranch Road 82.5 10.8 115.4 B 123 N 918 54 Pcl 3 Calle Serena Area 85 17.8 105.2 D 122 N 86 55 Pcl4 84 15.3 109.4 E 119.5 N 91.5 56 Pcl4 85 14.2 111.6 B 123 N 90.7 57 Pei 3 retest of 54 85 17 109.7 D 122 N 90 58 Pcl3 87.5 15.1 113.2 B 123 SC 92 59 Pcl4 82.5 14.6 113.9 E 119.5 SC 95 60 Cole Ranch Road 83 13.9 112.3 B 123 SC 91 61 Parcel 2 Calle Serena 82 19.5 105.1 F 117 SC 90 62 Parcel 85 15.2 110 D 122 Sc 90 63 Parcel 90 18.6 106.7 A 116 SC 92 64 Pei 3 94 13 99.9 F 117 Sc 85.4 65 Pei 4 87.5 14.5 109.7 D 122 SC 90 66 Calle Serena 85 18 110.3 D 122 SC 90.4 67 Pei 3 Fit of 64 94 17.9 106.8 F 117 SC 91.3 68 Pei 2 78 19.5 105.4 A 116 N 90 69 Pei 3 93 20.4 104.9 F 117 N 90 70 Pei 2 85.5 17.6 106.1 F 117 N 90.7 71 Pei 2 84.5 18.4 106.9 F 117 N 91.4 72 Pcl 5 Slope Face 80 15.5 101 E 119.5 SC 85 73 Pei 2 86.5 18.5 105.6 F 117 N 90.3 , 74 Pei 2 88 19.1 106.9 F 117 N 91.4 75 Pei 2 90 188 103.3 G 114 SC 91 76 Pei 1 /2 /Slope 92 17.9 107.1 A 117 SC 92 77 Stability Fill Pei 1 91.5 18.6 102.9 G 114 SC 90 78 Stability Fill Fail Rt on 80 93.5 17.8 98.8 G 114 SC 87 79 Pei 1/2 Slope 94.5 18.8 104.1 G 114 SC 91.3 80 Stability Fill Pcl retest 78 93.5 18.2 104.4 G 114 SC 91.6 81 Stability Fill Pei 1 95.5 19.1 102.8 G 114 SC 90 82 Stability Fill Pei 1 97 19.7 106.3 A 117 SC 91 83 Stability Fill Pei 1 98 16.6 110.8 D 122 SC 90.8 84 Stability Fill Pei 3 100 15.8 111.3 D 122 SC 91.2 85 Stability Fill Pei 1 102.5 16 109.8 D 122 N 90 86 Stability Fill Pei 1 105 19.3 107.6 A 117 N 92 87 Stab. Fill Pcl 1 107 14.3 110.6 D 122 N 90.7 88 Pei 1 90 19.9 106.8 G 114 N 93.7 89 Pcl 5 (remainder) Slope Face 80 14.3 106.9 E 119.5 N 90 90 Pcl 4 Slope Face 75.5 18.7 106.4 F 117 N 91 91 Pcl 4 Slope Face 80 18.4 102.5 g 114 N 90 92 Calle Serena /Pcl 4 87 18.9 107.5 A 117 N 92 93 Pcl 5 West F.G. 89.8 23.1 102.4 G 114 N 90 94 Pcl 4 East 83 19.3 105.9 F 117 N 90.5 95 Pcl 1 West Calle Serena 93.5 17.5 104.6 F 117 N 90 96 Pcl 2 West 93.2 19.4 102.4 G 114 N 90 97 Pei 3 East 83.3 20.9 105.2 F 117 N 90 98 Pei 2 East 83.7 19.6 106.1 F 117 N 90.7 , 99 Pcl 5 Remainder Pcl 85 15.7 113.2 D 122 N 92 SC Sand Cone Test N Nuclear Density Test BARRATT AMERICAN COMPACTION TEST RESULTS Winsor Palace / Calle Serena December 22,1997 W.O. 203 -CA Test Test Moisture Dry Soil Maximum Test Relative Location Elev. Content Density T e YP Density T e YP Compaction c c 100 PCL 1 EAST 84 20.2 101 PCL 1 WEST 98 18 102 PCL 3 WEST 96.2 18 SC Sand Cane Test N Nuclear Density Test 104.9 F 117 N 90 107.8 F 117 N 92 108.2 F 117 N 92.5 j•v ... 25 ..I=- 4 "PVC.Z }rI �� �� 2:1 FI r rg CMl l \ 3 183.4 I &5.3 \ i Aj O \ CO 0 e 32°; Q\� °o o rsSL. ti PAD EL =81.0 ov g7C06�cI Q _ _ FF E 84.7 9i �° NI r85j -- - as Ln In _ � G r�. a 83.7 g2 p ti�I 4) ` LLI • ° v ' °i. a4. /.e 58 ie J PAD EL.65.0 ' —lie FP EL.85.7 =j o R N 1; 51 87.17 C M I IV � 3 CUT FILL "�.'�._•� \I � E NOTE-X" —� E m� ��° BELOW 84.1rs ` .. ©-1 Test Location E 3 WINSOR PALACE Compaction Test Location Map Lot I & Remainder of 3950 Encinitas, Ca. EARTH AND ENVIRONMENTAL ENGINEERING, INC. PLATE I