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1997-5259 G/FMT Y O F E N C I N i T C L eNEERING SERVICES DEPART! 505 S. VULCAN AVE. ENCINITAS, CA 92024 GRADING PERMIT PERMIT NO.: 5259GI PARCEL NO. : 264- 2.41 -0700 PLAN NO.: :259 -G JOB SITE ADDRESS: NW-LY N2 DOUBLE LL RANCE APPLICANT NAME : LLOYD (CHRISTOPHER S,) MAILING ADDRESS: 25 %2 LONE JACK RD. PHONE NO.: 6:9- 634 -5774 PITY: OLIVENHAIN STATE: CA ZIP: 92024 FTRAC LA4E FUKUDA EYCAVAT.ING LICENSE NO.: 504282 ENGINEER CONWAY & ASSOCIATES INc. PERMIT ISSUE DATE: 6/19/98 PERMIT EXP. DATE: 6'19 99 PERMIT ISSUED BY INSPECTOR: TODD BAUMBAC_H L!:'FNSE 1APE: _ -IZ -- --- -- --- ------- - - -- -- PERMIT FEES & DEPOS'FS ----- -- - - - - -- I. PLAN CHECK FEE 2.800.00. 4. !NSPFCTJON DEPOSIT: 0 2. INSPECTIO4 FEE : 32.3.00 SEC ; :RITY DEPOSIT 8,456 -00 3. PLAN CHECK DEPOSIT: .00 �. iri wP CuesRc+�. I 17J�,o° ---- -- ----- ---- -- - - -- -- DESCRIPTION OF WORK --- --- -- ----- --- --------- --- --- DEMOLITION,'EARTHWORK /EROSION CONTROL /MONLMENTATION REPLACEMENT %FIRE LANE SIGNAGE TO ENABLE CONSTRCCTION OF PRIVATE ROAD, A SECONDARY EXTENS!ON TO NORTH OF CL MARGARITA. ALL FOR TRACT 97 -100. A MAJOR SUBDIVISION OF iEA RESIDENTIAL LOT. LETTER DATED MAY 5 1998 APPLIES. AS- BUILTS REQUIRED. PUBLIC TRAIL IMPROVEMENTS TO BE DONE PRIOR TO BUILDING PERMIT ISSUANCE. INSPECTION ---- ------ - -- - -- DATE IN11 i"L INSPECTION- _ L9- COMPA'-TION REPORT RECF.I1'FD 'Z _ E — IT IN"SPECTOR'S SIGNATURE -- I HEREBY ACKNOWLEDGE THAT I HAVE READ THE APPLICATION AND S'IAIE ;P:`.I T'i_ INFORMATION IS CORRECT AND AGREE TO COMPLY WITH ALL CITY ORDINA; i l :- LAWS REGULATING EXCAVATING AND GRADING. AND THE PR«VISIONS ?;r' T ANY PERMIT ISSUED PURSUANT TO THIS APPLICATION. -RE PRI.'T NAME CIRCLE ONE: 1. OWNER 2. AGENT 3 6,-12 � %sZ.- DATE SIGNET) (4a) 7.53 /o(�, 3 DlX� /TE,yLEPHONE NUMBER %%/ OTHER EOi7� �D(���(�C� '3fL 0 c/no -1/ T Y O F E N C I N I T S INEERING SERVICES DEPART?& f 505 S. VULCAN AVE. ENCINITAS, CA 92024 GRADING PERMIT PERMIT NO.: 5259GI �...........aeaccaaam. ccccccccccz.a.....iss sss......ccsa.......a......sacc sac PARCEL NO. : 264 -241 -0700 PLAN NO.: 5259 -G JOB SITE ADDRESS: NW -LY #2 DOUBLE LL RANCH APPLICANT NAME LLOYD (CHRISTOPHER S.) MAILING ADDRESS: 2572 LONE JACK RD. PHONE NO.: 619 - 634 -5774 CITY: OLIVENHAIN STATE: CA ZIP: 92024- CONTRACTOR : LICENSE NO.: ENGINEER PERMIT ISSUE PERMIT EXP. INSPECTOR: TI LANE FUKUDA EXCAVATING 504282 CONWAY & ASSOCIATES INC. DATE: 6/19/98 DATE: 6/19/99 PERMIT ISSUED BY )DD BAUMBACH - PERMIT FEES & DEPOSITS PHONE NO.: 760- 726 -5091 LICENSE TYPE: C -12 H NO : 760- 753 -1453 -------------------------- r- 1. PLAN CHECK FEE 2,800.00 4. INSPECTION DEPOSIT: .00 2. INSPECTION FEE 423.00 S. SECURITY DEPOSIT 8,456.00 3. PLAN CHECK DEPOSIT: .00 6a- ropy Cotwi-Aav Fm: 1, Zis'•O° ------ ------------- - - - - -- DESCRIPTION OF WORK ----------------------------- DEMOLITION /EARTHWORK /EROSION CONTROL /MONUMENTATION REPLACEMENT /FIRE LANE SIGNAGE TO ENABLE CONSTRUCTION OF PRIVATE ROAD, A SECONDARY EXTENSION TO NORTH OF CL MARGARITA, ALL FOR TRACT 97 -100, A MAJOR SUBDIVISION OF SEA RESIDENTIAL LOT. LETTER DATED MAY 5 1998 APPLIES. AS- BUILTS REQUIRED. PUBLIC TRAIL IMPROVEMENTS TO BE DONE PRIOR TO BUILDING PERMIT ISSUANCE. - - -- INSPECTION ---------- - - - - -- DATE -- - - - - -- INSPECTOR'S SIGNATURE - - -- INITIAL INSPECTION COMPACTION REPORT RECEIVED ENGINEER CERT. RECEIVED ROUGH GRADING INSPECTION FINAL INSPECTION I HEREBY ACKNOWLEDGE THAT I HAVE READ THE APPLICATION AND STATE THAT THE INFORMATION IS CORRECT AND AGREE TO COMPLY WITH ALL CITY ORDINANCES AND STATE LAWS REGULATING EXCAVATING AND GRADING, AND THE PROVISIONS AND CONDITIONS OF ANY PERMIT ISSUED PURSUANT TO THIS APPLICATION. IGNA URE PRINT NAME CIRCLE ONE: 1. OWNER 2. ACTFNT 'I 6 - /7 -,f DATE SIGNED 04a) 755'3 /¢5' 3 J`ellf -; / TE4LEPH OTHFR Ery (DOl)(:re4 I30ZZR /t% ENGINEERING SERVICES DEPARTMENT City 0f Capital Improvement Projects Encinitas District Support Services Field Operations Subdivision Engineering Traffic Engineering May 5, 1998 attn: Michael K. Pasko Conway & Associates, Inc. 135 Liverpool Drive Cardiff, CA 92007 Re: Tract 97 -100 "Double LL Ranch NW -ly k2" Grading Application 5259GR [Pvt Rd] Sewer Construction Application DCS249 [Pub S] (Calle Margarita/Lloyd) A.P.N. 264-241-07 Permit issuance requirements This correspondence shall serve to briefly summarize the Grading Permit and Sewer Construction Permit process. Drawing 5259 -G and Drawing CS -249 were each approved by the Director of Engineering Services on March 24, 1998, and will remain valid for three years. In order to obtain the necessary Engineering Permits to construct per these Drawings, your client(s) will need to satisfy the following requirements: (1) Complete the Public Trail Improvements, all per Drawing 3513 -1, to the satisfaction of the Field Operations Division. (2) Post Security Deposits as follows: (a)GRADING PERMIT... in the amount of $8,456.00 to guarantee performance of demolition, earthwork, safety improvements, monument restoration, and erosion control. (b)SEWER OON9TRUOTION PERMIT... in the amount of $20,075.00 to guarantee performance of public sewer improvements. Up to 80% of the amount in 1(a) and 100% of the amount in I(b) may be in the form of a Performance Bond issued by a State of California licensed surety company. Twenty percent of the amount in 1(a) has to be in the form of cash, a certificate of deposit, a letter of credit, or an assignment of account. The City must pre- approve any financial instrument's format, (3) Pay an additional Plan Check deposit of $499.00 to allow the City to fully recover the costs of reviewing the plans for construction of Public Sewer Improvements, Drawing CS -249. (4) Pay a non - refundable Inspection Fee and Inspection Deposit, the latter subject to cost recovery, respectively, as follows: (a)GRAOINO PERMIT... of $423.00. (b)SEWER OONSTRUOTION PERMIT... of $650.00. JSG /97- 100.doc I TEL 760- 633 -2600 1 FAX 760 -633 -2627 505 S. Vulcan Avenue, Enciniras, California 92024 -3633 TDD 760- 633 -2700 (f# recycled paper (5) Pay a Flood Control Fee of $1,245.00. The rate is $0.21 /SF and is assessed on the private road improvements minus any demolition and not including overlay or repair. Additional assessments will be levied during the development of the adjoining lots. (6) Provide the name, address, telephone number, and state license number of the construction contractor. Construction of public improvements is restricted to qualified contractors. The contractor will need to possess either a valid Type "A" [General Engineering] or a Type "C -34" [Pipeline] state license and meet the minimum insurance requirements as stated on the accompanying handout. (7) Sign the Permits. Any authorized representative of the property owner may sign. Permits are valid for no more than one year and may expire earlier due to expirations on letters of credit and/or insurance policies. Once the Engineering Permits are issued, advance notice of 48 hours must be given prior to your client or the contractor scheduling the mandatory pre - construction conference. See Grading Note 49 for more detail. Construction changes, prepared by the Engineer of Work, should be submitted to the Engineering Services Department as redlined mark -ups on 2 blueline prints of the approved Drawing. Changes are subject to approval prior to actual construction. No pads to enable construction of habitable structures are proposed. Rough grading approval will not apply. As- builts, prepared by the Engineer of Work and approved by the Engineering Services Department, will be required prior to Final Inspection and Acceptance Inspection. Satisfactory completion of Final Inspection is a prerequisite to full release of the Security Deposit assigned to the Grading Permit. Satisfactory conclusion of Acceptance Inspection is a prerequirsile to a 75% reduction in the Security Deposit assigned to the Improvement Permit. The retention shall be held for a minimum one year and will be released only after the satisfactory completion of a Warranty Inspection. The Warranty Inspection cannot be scheduled until after the expiration of the Warranty Period. This letter does not change subdivider obligations per the record Map. Application for Building Permits will cause additional engineering requirements to be forthcoming. Should you have any questions, please contact me at (760) 633 -2780, or you may wish to visit the Engineering Counter at the Civic Center. Sincerely, Jeffrey S. Garami Engineering Technician Subdivision Engineering cc Todd Baumbach, Engineering Inspector Greg Caudill, Engineering Technician enc JSG /97- 100.doc2 L ENGINEERING SERVICES DEPARTMENT APPLICATION NO. ENGINEERING DEVELOPMENT APPLICATION D G c 3-I9 IOR SITE ADDRESS / ASSESSOR PARCEL NO. 2s 7? ' c/iL((y� c K xL C/ 2Zo z¢l - b �L STREET ADDRESS PROPERTY OWNER INFORMATION el 6,.s 1v/e�- c/ /0v NAME / MAI NG AD RE! CITYS'TATE Z7IP CODE z 1# TELEPHONE NO CIVIL ENGINEER INFORMATION/ NAMf cc /-S,J iC1uC- +'Pcd/ �� /lam A RES {f ? CITY, STATE, ZIP TELEPHONE NO 'IL z o -31 sl G4 GS RE ISTRATION NO CONTRACTOR INFORMATION NAME ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO. STATE LICENSE NO. & TYPE SOILS ENGINEER INFORMATION il4vn NAMFr ? l ,ACci N-C'K'N Cr'Y CITY, STATE ZIP TELEPHyi�vE NO. /Z-31 9 (.0e0�'e -4 REGISTRATION NO DESCRIPTION OF WORK TO OF DONE PRINT NAME CASE NO.: - C� /-/I,-?? -IGNED ( %GO) 7s--3 -/ TELEPHONE NO. (FOR OFFICE USE ONLYI TYPE OF APPLICATION DATE COM LEFED DEPOSIT PAID [ ] AGREEMENT, COV., DOC. Jam_ (-Yl PERMIT PUC N FEE: *r rr [ J BEACH ENCROACHMENT Jam_ CAL PLAN CHEC POs f: �f [ ONSTRUCTION C5 ADIXNAL PLA< KJ J FINAL MAP FLOOD CONTROL F [ J VNAL PARCEL MAP _/J_ INSPECTIO EPOS [ GRADING ��_ SECURITY DEPOSI :__ [ ] IMPROVEMENT _J_/_ (CIRCLE ONE OF EACH) [ J OPERATIONS PERMIT: NEWSRACK ��_ ASSIGN /BOND ASSIGN /BOND [ PERMANENT ENCROACHMENT �—J— CASH /CD /LOC CASH /CD /LOC (✓SEWER CONSTRUCTION J_J_ MONUMENTATION DEPOSIT: [ J STREET NAME CHANGE ��_ RETURN EXCESS DEPOSITS TO: [ J STREET VACATION �_/_ ( ] OWNER DATE: [ J TEMPORARY ENCROACHMENT J_/_ ( I CONTRACTOR AMOUNT: 5 _ [ J UTILITY CONSTRUCTION f J ENGINEER COMMENTS: M 1354YZ I I OTHER FW 0-7 9 ozzy38q CITY OF ENCINITAS MEMORANDUM TM 97 -100 MAR ► u � ENGINEERING SERVICES CITY OF ENCINITAS TO: Director, Engineering Services Department FROM:® Y Olivenhain Municipal Water District DATE: -'r l f `f- SUBJECT: Conditions of Approval 264- 241 -07 (A.P.N.) NORTH TERMINUS OF CALLE MARGARITA (Address) CHRIS LLOYD, et al (Subdivider) Please be advised that the Olivenhain Municipal Water District conditions of Approval for Recordation of a Final Map for Case No. TM 97 -100 as required by Resolution No. PC 97 -49 have been satisfied. This tentative map expires on 7 -24 -2000. THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO GINEERING SERVICEESS DEPARTMENT. Signature 4e[� s -Ta-w-f-w CITY OF ENCINITAS MEMORANDUM TM 97 -100 TO: Director, Engineering Services Department FROM: C oyo to 6 ri Community Development Department DATE: 2-ZS -96 SUBJECT: Conditions of Approval 264 - 241 -07 (A.P.N.) NORTH TERMINUS OF CALLE MARGARITA (Address) CHRIS LLOYD, et al (Subdivider) Please be advised that the Community Development Department conditions of Approval for Recordation of a Final Map for Case No. TM 97 -100 as required by Resolution No. PC 97 -49 have been satisfied. This tentative map expires on 7 -24 -2000. THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. (?44W V 01� Signature BPmemo.doc CITY OF ENCINITAS TO: Director, Engineering Services Department y J FROM: UAyib no-- - Encinitas Fire District DATE: 2)? 4{ / 6 SUBJECT: Conditions of Approval 264 - 241 -07 (A. P.N.) NORTH TERMINUS OF CALLE MARGARITA (Address) CHRIS LLOYD, et al (Subdivider) Please be advised that the Encinitas Fire District conditions of Approval for Recordation of a Final Map for Case No. TM 97 -100 as required by Resolution No. PC 97 -49 have been satisfied. This tentative map expires on 7 -24 -2000. THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE ENGINEERING SERVICES i Signature BPmemo.doc IF Conway & Associates, L._. Civil Fngireers Surveyors Gvreral- Fmginoffiig -HAZ Cartractms .46412412 135 Liverpwl Drive Suite A • Cardiff- byhaSea, CA 92007 Telephone (760) 753 -1453 • Fax (760) 603 -9410 MEMORANDUM DATE: March 24, 1998 MEMORANDUM TO: Blair Knoll, City of Encinitas FROM: Mike Pasko PROJECT: TM 97 -100, 5 Lot Map. Double L Farms - Olivenhain SUBJECT: "Signatures Omitted" Easements Subdivision Guarantee dated 2/25/98 To follow our telephone conversation on Monday about the "signatures ommited" easements listed on sheet 2 of the map, I spoke with Ken Brown, the project's title officer with Chicago Title. The City's recreation trail easement and the open space easement listed on the map (the 2nd and 3d easements) are covered by item (1) of the subdivision guarantee, Schedule A: ".. and by dedication shown on Map 12816.. " The private road easement dated 4 -19 -91 (Doc. No. 91-0178724) was moved to the easements listed as affecting only the proposed remainder parcel. This easement document is the Double L Ranch Road private road easement as proposed on Map 12816 and does not affect the subdivided portion of the Parcel Map 17446 remainder parcel. According to Ken Brown, the easements listed as affecting only the proposed remainder parcel are not supposed to show up in the subdivision guarantee — only those easements that affect the subdivided portion of the property. Further, listing the easements on the map that affect only the remainder parcel is optional — they may be omitted. I have attached a copy of the easement listing as it appears on the final map bluelines I submitted to you last week with references to the subdivision guarantee easement items and the revision as noted above. This revision is reflected on the mylar original submitted to you under separate cover. Please call if you have any further questions. e:t pro)ects\54otivrordproc4nem0324a doc THE SIGNATURES OF THE FOLI IG OWNERS OF THE EASEMENTS IN. rED, HAVE BEEN OMITTED UNDER THE PRU_. IONS OF SECTION 66436 SUBSECTION (a) (3) (A) (1) OF THE SUBDIVISION MAP ACT. THEIR INTERESTS ARE SUCH THAT THEY CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, HOLDER OF INTERESTS OR EASEMENTS FOR : EASEMENT FOR OPEN SPACE (AS SUCCESSOR IN INTEREST TO THE COUNTY OF SAN l DIEGO) PER DOC. NO. 85- 033895 O.R. REC. JANUARY 31, 1985 ; EASEMENT FOR RECREATIONAL TRAIL PURPOSES TOGETHER WITH THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID EASEMENT AS SHOWN ON MAP 12816 RECORDED MAY 20, 1991. (I EASEMENT FOR OPEN SPACE AS SHOWN ON MAP 12816 RECORDED MAY 20, 1991. /4) OLIVENHAIN MUNICIPAL WATER DISTRICT, EASEMENT FOR WATER FACILITIES AND ACCESS ll PER DOCUMENTS RECORDED AS FILE NOS. 1996- 0207710 & 11 O.R. REC. APRIL 25, 1996. Cy� DANIELS CABLEVISION INC., EASEMENT FOR CONSTRUCTING, MAINTAINING CABLE TELEVISION FACILITIES AND OTHER PURPOSES PER DOC. NO. 1994 - 0224539 O.R. REC. APRIL 5, 1994. C� EASEMENT FOR ROAD AND UTILITY PURPOSES SHOWN AS "PROPOSED 32 FOOT PRIVATE ROAD EASEMENT" ON PARCEL MAP 17446 RECORDED NOVEMBER 14, 1994. EASEMENT FOR ROAD AND UTILITY PURPOSES PER DOC. NO. 91- 0178724 O.R. RECORDED APRIL 19. 1991 EASEMENTS FOR INGRESS AND EGRESS, ROAD AND UTILITIES, AND RIGHTS INCIDENTAL THERETO, AS GRANTED /RESERVED BY VARIOUS INSTRUMENTS OF RECORD, ONE OF WHICH RECORDED NOVEMBER 30, 1994, AS FILE NO. 1994 - 0689420, OFFlCIAL RECORDS. THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENTS. gab 40� THE FOLLOWING EASEMENTS AFFECT THE REMAINDER PARCEL ONLY AND ARE NOT PLOTTED ON THIS MAP. SEE REMAINDER PARCEL NOTE ON SHEET NO. 4 : BARRATT AMERICAN INCORPORATED, TEMPORARY EASEMENT TO INSTALL IMPROVEMENTS, GRADING AND DRAINAGE AND OTHER PURPOSES AND RIGHTS INCIDENTAL THERETO, PER DOC. NO. 1991 - 0081600 O.R. RECORDED FEBRUARY 25, 1991. OLIVENHAIN MUNICIPAL WATER DISTRICT, EASEMENT FOR PIPELINE PURPOSES PER DOCUMENT NO. 77-296591 O.R. RECORDED JULY 25, 1977 ; SAN DIEGO GAS AND ELECTRIC COMPANY, EASEMENT FOR POLES AND APPURTENANCES PER DOCUMENT NO. 74- 042059 O.R. RECORDED FEBRUARY 20, 1974 ; PACIFIC TELEPHONE AND TELEGRAPH COMPANY, EASEMENT FOR UNDERGROUND COMMUNICATION STRUCTURES PER DOCUMENT NO. 77- 1 701 58 O.R. RECORDED MAY 5, 1977. THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, HOLDER OF INTERESTS OR EASEMENTS FOR : IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY PER DOCUMENT NO. 1991- 0146056 O.R. RECORDED APRIL 2, 1991. IRREVOCABLE OFFER OF OPEN SPACE FOR FLOODPLAIN PURPOSES PER MAP 12816 RECORDED MAY 21, 1991 AS FILE NO. 1991- 0238890 O.R. EASEMENT FOR RECREATIONAL TRAIL PURPOSES PER DOCUMENT NO. 1991- 0201867 O.R. RECORDED MAY 2, 1991. C T Y O F E N C I N I T L INEERING SERVICES DEPARTM 505 S. VULCAN AVE. ENCINITAS, CA 92024 CARDIFF SANITATION DISTRICT SEWER CONSTRUCTION PERMIT PERMIT NO.: DCS249 asa .saasaasaa.saaa.sasaaaaaasaasaa ze aaaa== ari==a asaaaaaaaaaaaaaaaasaaaavaaaaaaa PARCEL NO. JOB SITE ADDRESS APPLICANT NAME MAILING ADDRESS: CITY: OLIVENHAIN 264- 241 -0700 NW —LY #2 DOUBLE LL RANCH PLAN NO.: CS -249 LLOYD (CHRISTOPHER) 2572 LONE JACK RD. PHONE NO.: 619 - 634 -5774 STATE: CA ZIP: 92024— CONTRACTOR : NASHCO INC. PHONE NO.: 760 -945 -8985 LICENSE NO.: 646789 LICENSE TYPE: A INSURANCE COMPANY NAME: TRANSCONTINENTAL INSURANCE CO. POLICY NO. : 1015439672 POLICY EXP. DATE: 9/29/98 ENGINEER : CONWAY & ASSOCIATES INC. PH E N 760- 753 -1453 PERMIT ISSUE DATE: 6/19/98 a PERMIT EXP. DATE: 9/29/98 PERMIT ISSUED BY: INSPECTOR: TODD BAUMBACH ------------------- - - - - -- PERMIT FEES & DEPOSITS ----------- ----------- - - - - -- 1. PERMIT FEE .00 4. INSPECTION DEPOSIT: 650.00 2. INSPECTION FEE .00 S. SECURITY DEPOSIT 20,075.00 3. PLAN CHECK DEPOSIT: 1,149.00 ------ --------- ---- - - - - -- DESCRIPTION OF WORK ------------------------------- PUBLIC SEWER IMPROVEMENTS TO INCLUDE 325LF MAIN /IEA MANHOLE /IEA CLEANOUT /SEA LATERAL FOR TRACT 97 -100, A MAJOR SUBDIVISION OF SEA RESIDENTIAL LOT. LETTER DATED MAY 5 1998 APPLIES. AS— BUILTS & 1YR WARRANTY RETENTION REQUIRED. WASTEWATER DISCHARGE PERMITS DEFERRED TO PRIOR TO ISSUANCE OF BUILDING PERMITS. - - -- INSPECTION -------- -- - - - - -- DATE -- - - - - -- INSPECTOR'S SIGNATURE - - -- INITIAL INSPECTION FINAL INSPECTION I HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION IS TRUE. SrI GNATURE PRINT NAME CIRCLE ONE: 1. OWNER 2. AGENT 3. OTHER G -/9 : Le DATE SIGNED (1a) 953 - ,�� is TELEPHONE NUMBER ,w / or) de'4-e'4 /I�cr�wil /f9j: C T yy O F E N C I N I TT E. NEERING SERVICES DEPARTM- 505 S. VULCAN AVE. 01940M 1w. ENCINITAS, CA 92024 CARDIFF SANITATION DISTRICT SEWER CONSTRUCTION PERMIT PERMIT NO.; DCS219 c aascaax xxxsasssasaa xxn.a anzzzzaa:aysazzsxzsacxzaaszxxz zxzzzavez szzzxsx�zz RCEL N0. S!TE ADDRESS: .LICANT NAME AILING ADDRESS: CITY: OLIVENHAIN CONTRA LICFNS 26:1 - 241 -0700 `:W -LY #2 DOUBLE LL RANCH LLOYD (CHRISTOPHER) 25-2 LONE JACK RD'. STATE: )R,. NASHCO INC. 4_0.: 646789 PANY NAME: TRANSCONTINtNTAL w101�4396'Z, CONVAt.I �SS6CIATES ls� DATE; - 6,`19!99 IT EXP. DATE 9!29!98 ECTOR': T ©DD BAUMBACH CA ZIP PLAN NO.: CS -249 PHONE NO.: 610-634----,' 9?024- PHONE NO.: 760 -94 ,5-80c LICENSE TYPE: A INSURANCE CO. POLICY EXP. DATE: ! - t' PH E N(, PERMIT ISSUED BY: l/ - -- - - --_- PERMIT FEES & DEPOSITS ---------------------------- .00 4. INSPECTION DEPOSIT: 6 _10.00 EE .00 S. SECURITY DEPOSIT 0;0 -x.00 DEPOSIT: 1.149.0:? - - -- --- DESCRIPTION OF WORK ------ -------- ----------- ------ IMPROVEMENTS TO INCLUDE 325LF MAIN /IEA MANHOLE; 1E_1 C'•- EA!%0T_i FOR TRACT 97 -100, A MAJOR SUBDIVISION OF 5EA RESiDF':T;Ai TATED MAY 5 1998 APPLIES. AS- BUILTS B IYR WARRANTY RF "iE+ I ?1 W';779077VADSTEWATER. DISCHARGE PERMITS DEFERRED TO PRIOR TO ISSUANCE OF BUILDING PERMITS. -- rVSP PATI' -- - - - - -- INSPECTOR'S SIGNATURE — — iN1TIAL p p FINAL i NSPECT! Otiy --------------------------------------------------- �JM�y F�ni�CC�S (I�lot� 6P7� - 0122 1 ppqqr (7c�o� 833 -2185 (7(,0) 3(D- L4,Sn VVE CAREFULLY EXAMINED THE COMPLETED PERMIT A]-D DO HEREBY CERTIFY Fr \ALTS OF PERJURY THAT ALL THE INFORMATION IS TRUE. G?:ATURE PRINT NAME CIRCLE ONE; 1. OWNER 2. AGENT 3 G - /5_Ay DALE SIGNED /�,c rX'rAr( 8Qm f ewx - (7�0) ;753-/,�S3 0��f TELEPHONE NUMBER ✓- �,.�1�,�Xv, c�rHER 'J RECORDING REQUESTED BY: CITY ENGINEER WHEN RECORDED MAIL TO: CITY CLERK CITY OF ENCINITAS 505 SOUTH VULCAN AVENUE ENCINITAS CA, 92014 Ti.- .iGIWL OF THIS DOCUMENT W6 RECORDED ON IT 22, 1999 DOCUMENT NUMBER 1999-0709196 GBE[>roitY J. SMITH, COUNTY RECORDER SAN DIE60 COUNTY RECORDER'S OFFICE TIME: 9:09 AN RELEASE OF COVENANTS REGARDING REAL PROPERTY: VARIOUS IMPROVEMENTS REQUIRED IN CONSIDERATION OF FINAL APPROVAL OF CERTAIN RELATED SUBDIVISIONS Assessor's Parcel No: 264 - 240 -02.03 Case #: various Drawing #: various Permit #: various Work Order #:fee Christopher S. Lloyd, in all, and Gregory Cleary, in part, subdividers, having entered into covenants for the benefit of the City of Encinitas ("CITY" hereinafter) which were recorded with the County Recorder of San Diego County, all as follows: Document Date Improvements Case Drawing 1991 - 201873 05/02/91 private road and drainage 87 -041 TM 8352 -G 1991 - 201874 05/02/91 1991- 201877 05/02/91 1994- 136480 03/01/94 1994 - 655403 11/10/94 1994 - 655405 11/10/94 1998- 200558 04/09/98 public road and drainage public trail public trail deferred monuments private road and drainage private road 87 -041 TM 8352 -R 87 -041 TM 3513 -I 87 -041 TM 3513 -I 93 -053 TPM PM17446 93 -053 TPM 3706 -G 97 -100 TM 5259 -G, and CITY having determined that the obligations as set forth in said covenants have been fully and satisfactorily completed, CITY hereby releases said covenants. Dated I — ZD —11 ADATsg/rel l. loyd. doc I CITY OF ENCINITAS by %� -LLW Alan D. Archibald, P.E. Director of Engineering Services (Notarization required) CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT Stale of)'y'zca County of X On r•/i _ �, r r before me. _�i L'f��} • /�I�CI ZC ,t� r ght 1 'L xjLl� oars rrwft rrver we.*& -i noaa rrrrr PON" personally appeared % �• s�J+t'�,U� K391-1- 0 I"Wrom r SIVOKa ersonally known to me – OR – ❑ proved to me on the basis of sa(isfactory evidence to be the person(s) whose name(syiisJare subscribed to the within instrument and ackn¢�Igdged to me the( he%hwlhey executed the OFFICIAL SEAL al l i Ur/their authorized capacity(ies), and that by hfs/her/their signature(s) on the instrument the person(s), RANDA G. MILLJOUR NOTARY PUBLIC•CALIFORNIAF or the entity upon behalf of which the person(s) acted, COMM. NO. 1204250 executed the instrument SAN DIEGO COUNTY MY COMM. EXP. JAN. 6. 2003 WrfNESS my hand and official seal. atirw rreaerr OPTIONAL Tftco Via nkvmadon bNow is nor n9qurad by law. 6t may P, vallraWa lo pssons n*AV w 9w docunranr and couild p ws v baud hW rerrroval and r ttaic ffwrof of ON3 roan to anodaw duamaK Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer Tide(s): ❑ Partner — ❑ Limited Cl General • Anomey -in -Fact • Trustee • Guardian or Conservator • Other Too d IMrnb here Signer Is Representing: Number of Pages: _ Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee Cl Guardian or Conservator ❑ Other. Signer Is Representing: RIGHT ri"TPRINT OF SIGNER In 0 1994 Nannnal NoRq Asl9 a11an • 0216 997 el Ara. PO 004 7194 • Ca,e9a PAM, CA 91X9 )1 W P,O NO S9G7 RaRNV Cal N1 FU 11W 876 6827 RECORDING REQUESTED BY: ) DISTRICT ENGINEER ) ,. WHEN RECORDED MAIL TO: ) hh {� ) CLERK OF THE BOARD CARDIFF SANITATION DISTRICT) C� 505 SOUTH VULCAN AVENUE ) ` ENCINITAS CA, 92024 ) THL ORIGINAL OF THIS DOCLWNT 0 RECORDED ON OCT 22, 1999 DOMNENT on 1999 - 0709199 GREGOR9 J. SMITH, MINTY RECORDER SAN DIEGO MIR RECORDER'S OFFICE TINE: B:09 AN RELEASE OF COVENANTS REGARDING REAL PROPERTY: PUBLIC SEWER IMPROVEMENTS REQUIRED IN CONSIDERATION OF FINAL APPROVAL OF CERTAIN RELATED SUBDIVISIONS Assessor's Parcel No: Case #: various 264 - 240 -02.03 Drawing #: various Permit #: various DCS Work Order #: various DCS Christopher S. Lloyd, in all, and Gregory Cleary, in part, subdividers, having entered into covenants for the benefit of the Cardiff Sanitation District ( "DISTRICT' hereinafter) which were recorded with the County Recorder of San Diego County, all as follows: Document Date Description Case Drawine 1991 - 201875 05/02/91 annexations ... 87- 041TM, 92- 035TPM, 92- 212TPM, 93- 029TM, 93- 053TPM, 97- 10OTM, 97 -201 TPM, 97 -219TM main, laterals, appurtenances 92 -035 TPM CS -146 1994- 655404 11/10/94 main, laterals, appurtenances 93 -053 TPM CS -169 1996 - 207398 04/25/96 main, laterals, appurtenances 93 -029 TM CS -202, and DISTRICT having determined that the obligations as set forth in said covenants have been fully and satisfactorily completed, DISTRICT hereby releases said covenants. Dated r'2o-ij ADA/jsg/re1L1oyd2.doc I CITY OF ENCINITAS r by Alan D. Archibald, P.E. Director of Engineering Services (Notarization required) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Stale of (-4Z County of `� On /i `l 7 before me, '11 �10 A lj . N/LLTd U/? Q i f 0 6L/C om _ N� No Tee of 0111or (as. -lime oee. Nop/r Nbkl personalty appeared (Id�arsonally known to me — OR — ❑ pn ----------- OFFICIAL SEAL RANDA G. MILLJOUR NOTARY PUBLIC - CALIFORNIA COMM. NO. 1204250 SAN DIEGO COUNTY MY COMM. EXP. JAN, 6, 2003 )ved to me on the basis of tisfactory evidence to be the person(s) m whose nae(s)�re subscribed to the within instrument and acknowledged to me tha�ey executed the N ei hi, r/their authorized capacity(ies), and that by r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument WITNESS my hand and official seal. OPTIONAL q OLz s4 tit r rwrc Though the rotor nladm below u not rsr uwvd by law. R may pro , valurabAe A, persrxu rely hp of efe dwaunel end Could prevol haudulertt relrra -M and learcadwrfWx of this rolffr bWOMW dogYnEl1C Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ f] Individual Corporate Officer Tde(s): Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator ❑ Other Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Titfe(s): ❑ Partner — ❑ Limited ❑ Attomey -in -Fact ❑ Trustee ❑ General ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RIGHT THWEIPRINT OF SIGNER 0 1994 National NOhq As%mio -,, - 4236 Remnnl An PO BO, 7104 • C muq& RSA CAI 1309 11 Ba P. W Na S107 gewu<r Calt TNI F 1, , I 11)6 5611 CITY OF ENCINITAS CARDIFF SANITATION DISTRICT AGENDA REPORT Meeting Date: March 25, 1998 TO: Cardiff Sanitation District Board of Directors "�tJR RECORDS �` from VIA: O� Lauren M. Wasserman, District Manager Cdy Clerk FROM: &kAlan Archibald, Director of Engineering Services ,V / Hans Jensen, Senior Subdivision Engineer SUBJECT: Acceptance of the sewer easement and approval of a secured agreement for the Tentative Map No. 97 -100. ISSUE& Whether to accept the sewer easement and approve the secured agreement for Tentative Map No. 97 -100 On July 24, 1997, the Planning Commission approved, subject to conditions, Tentative Map No. 97 -100, a tentative map for subdivision creating 5 single family residential lots in excess of 2 acres each and a remainder of 41.3 acres, in the Olivenhain area. ( Resolution No. PC 97-49 ) The subdivider has offered to dedicate a public sewer main and easement to the Cardiff Sanitation District to serve this project. The sewer main will be construction to district standards. An easement has been granted to the Cardiff Sanitation District on the Final Map for construction, maintenance, and repair of sewer structures. A covenant has been executed by the subdivider to ensure the proposed sewer improvements are constructed, installed and inspected in conformance with district standards for public sewer mains. BAK AR5800.doc 03 -16 -98 It is recommended that the Board of Directors take the following actions: 1. Accept the sewer easement into the Cardiff Sanitation District and authorize execution by the Clerk of the Board. 2. Approve the Covenant Regarding Real Property: Improvements Required as Condition of Final Approval of Subdivision of Real Property, and authorize execution by the Clerk of the Board. BAK AR5800.doc 03 -16 -98 CITY OF ENCINITAS AGENDA REPORT PLANNING COMMISSION Meeting Date: March 31, 1998 TO: Planning Commission VIA: /' /' ''- Bill Weedman, City Planner FROM: 601an Archibald, Director of Engineering Services Mans Jensen, Senior Subdivision Engineer SUBJECT: Approval of the Final Map which conforms to Tentative Map No. 97 -100. ISSUE* Whether to approve the Final Map for Tentative Map No. 97 -100 On July 24, 1997, the Planning Commission of the City of Encinitas approved, subject to conditions, Tentative Map No. 97 -100, a tentative map for subdivision creating 5 single family residential lots in excess of 2 acres each and a reminder of 41.3 acres, in the Olivenhain area. ( Resolution No. PC 97 -49 ) The map submittal has been deemed a timely filing in accordance with Section 66463.5b of the Subdivision Map Act. The tentative map is scheduled to expire on July 24, 2000. An Environmental Initial Assessment (EIA) was conducted and mitigations were incorporated into the maps design. De Minims Impact findings were made pursuant to Fish and Game Code Section 711.2. BAK AR5801.doc 03 -16 -98 The map itself has been examined and found to be technically correct and in compliance with State laws and City ordinances. All conditions of approval have been complied with prior to the expiration date. It is recommended that the Planning Commission take the following actions: Approve the Final Map which conforms to Tentative Map No. 97 -100 and authorize the City Treasurer and the Secretary of the Planning Commission to sign the map. 2. Authorize the recordation of the Final Map which conforms to Tentative Map No. 97 -100 after the mandatory ten calendar day appeal period. STATUS: Environmental Impact Report Pending Certification; Public Review Period 2/12/98 - 3/30/98 MEETING OF MARCH 31,1998 (Rusty Wells cannot attend.) Added by D Gardner, March 13, 1998 for the meeting of March 31, 1998: 1. CASE NUMBER: 97 -290 DR / V / CDP APPLICANT: Don Countryman, & Susan Hopwood LOCATION: 848 - 852 Second Street DESCRIPTION: Public Hearing for Design Review, Variance and Coastal Development Permit request for a proposed two story mixed use development to include four affordable housing units to be constructed at 848 - 856 Second Street in Downtown Encinitas. The project includes a variance request to encroach three feet into the required ten feet second story front yard setback. ENVIRONMENTAL DETERMINATION: The project is exempt from CEQA review per Section 15303 (b) and (c) of the CEQA Guideline. Added by B. Knoll , March 16, 1998 or a ;{ ng of March 31, 1998: (Consent) 2. APPLICANT: Christopher Lloyd LOCATION: North Terminus of Calle Margarita DESCRIPTION: Final map approval for TM 97 -100. ENVIRONMENTAL DETERMINATION: The project has incorporated mitigations into the design. De Mininis Impact findings were made pursuant to Fish and Game Code Section 711.2. MEETING OF APRIL 9, 1998 Added by M. Hofman Feb. 24, 1998 for the meeting of March 31, 1998: 1. CASE NUMBER: 97 -276 EXT (DR MOD /CA/EXT) FILING DATE: December 3, 1998 APPLICANT: Jacobs LOCATION: 169 -175 Jupiter Street (APN: 254- 222 -46) DESCRIPTION: Tentative Map Extension, Design Review Modification and Condition Amendment for 5 detached 3 bedroom single family condominiums with attached 2 car garages on a lot of .53 acres on Jupiter Street in Leucadia. 178 179 Added by D. Hill - SPECIAL JOINT MEETING 180 06/10 Adoption of FY 1998 -99 Annual Budget, New Programs and FY99 -03 CIP Plan by 181 Resolution for City of Encinitas, Cardiff Sanitation District and San Dieguito Water 182 District. Contact Person: 183 184 Added by K. Greene - Direction for 11 -5 -97 Council Meeting - 1 hour 185 08/98 Continued discussion regarding authorization to issue request for proposals for 186 selection of one or more firms to update City overhead rate structure, internal cost 187 distribution system, miscellaneous administrative fees and permits, development 188 processing and building fees, and development impact (mitigation) fees. Contact 189 Person: Financial Services Manager Suelter. 190 191 +.********, r* a********* *rr * * *r * +,+ * * *re * * * * * * * + * *r. * *• 192 CARDIFF SANITATION DISTRICT 193 194 195 3/25 (CONSENT) (This was removed from the 2/25 agenda) Added by J. Smith 196 Adoption of Resolution No. 98 -04, approving an application for annexation to the 197 Cardiff Sanitation District of 4.3 acres located at 19075 El Camino Real - Heritage 198 Partners (Assessor's Parcel No. 262 - 080 -20 and Major Use Permit 97 -111). Contact 199 Person: Management Analyst Smith. 200 201 3/25 (CONSENT) Added by J. Smith on 3/11/98 202 Adoption of Resolution No. 98 -05, approving an application for annexation to the 203 Cardiff Sanitation District of 1.25 acres located at 19102 Bumann Road - Mr. Brad 204 Thornburgh (Assessor's Parcel No. 264- 101 -40). Contact Person: Management 205 Analyst Smith. 206 207 3/25 (CONSENT) Added by B. Knoll on 3/13/98 i. 208 Acceptance of a 20 foot wide sewer easement granted to the Cardiff Sanitation 209 District on the final map for TM 97 -100 - Mr. Chris Lloyd and Mr. Gregory Cleary 210 (Assessor's Parcel No. 264- 241 -07). Contact Person: District Engineer Archibald. 211 212 Added by T. Gallup 213 5/13 Introduction of Ordinance To Adopt New Flow -Based Rate Structure for 214 FY98/99. Contact Person: Management Analyst Orozco 215 216 Added by T. Gallup 217 5/13 Introduction of Amended District Code. Contact Person: Management Analyst 218 Orozco. 219 220 Added by T. Gallup 221 5/27 Adoptiop of Ordinance Establishing Flow -Based Rate Structure for FY98/99. 222 Contact Person: Management Analyst Orozco. l p n1 000 2T1?� EN7 Cow o-7- 7-z�,✓ w-:TTH 7-,Y,;2-T %f-1 A- i Pt- fo lz_S't,4n, r o ? . r A, /o C t-:: --rr� 'OVA 7C...z,, --, 4 P st EG01e p Tr��£ Aa`E2� y P-:AJ,�Pv7,C S _SZT��c�. OK I RED F/'� N ..�� - CITY OFENCI -T S w$� c0,0 6 -S- (,Z P- So C u T PQ -Fti OF T-#/_ +/t/ G u e-o7z7--v .✓ �S 6VA2CFL O-V 9 %- /oo Tom/ g C7 ��� 7- o i= �� T Thy -�1' Ti'i� ;..y'; January 12, 1998 Mr. Chris Lloyd 2572 Lone Jack Road Encinitas, CA 92024 RE: Completion of Annexation to the Cardiff Sanitation District for Assessor's Parcel No. 264 - 241 -07 Dear Mr. Lloyd: This letter is to inform you that the aforementioned annexation to the Cardiff Sanitation District is complete. Final Resolution No. 97 -16 was passed by the Cardiff Sanitation District Board on December 17, 1997, the annexation fees have been deposited, and the annexation has been filed with the Local Agency Formation Commission and the State Board of Equalization. The Cardiff Sanitation District appreciates your assistance throughout the annexation process. You may contract our Engineering Technicians at your convenience to secure your wastewater discharge permit. If you have any questions, please do not hesitate to contact me at (760) 633 -2772. Sincerely, ®Jennifer Hitcho Smith Engineering Management Analyst enclosure cc: ConwaZ & Asso,Riatgs, Oc. 13jveipool Drive, #A Cardiff, CA 92007 TEL 760 - 633 -2600 1 FAX 760 -633 -2627 505 S. Vulcan Avcnuc, Encinitas, California 92024 -3633 TDD 760 -633 -2700 4� recycled paper RESOLUTION NO. 97-16 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARDIFF SANITATION DISTRICT ANNEXING TERRITORY TO WHICH OWNERS HAVE CONSENTED "CHRISTOPHER LLOYD ANNEXATION" WHEREAS, pursuant to the Cortese -Knox Local Government Reorganization Act of 1985 (Govt. Code, Section 5600 et seq.) preliminary proceedings were commenced by resolution of application by this Board on August 27, 1997, as Resolution No. 97 -11, for annexation to the Cardiff Sanitation District (thereafter referred to as the District) of certain territory therein described, which description has been modified pursuant to the directions of the Local Agency Formation Commission; and WHEREAS, the annexation proposed by said resolution of application was presented to and approved by the Local Agency Formation Commission of San Diego County on November 3, 1997, and this District was designated as the conducting District and authorized by resolution of order said annexation without notice or hearing and without an election pursuant to Government Code, Section 56837; NOW, THEREFORE, IT IS RESOLVED, ORDERED AND DETERMINED, pursuant to Government Code Section 57025 et seq.; a. The manner in which and by whom preliminary proceedings were commenced was by resolution of application by this Board as stated above. b. The territory to be annexed has been designated DA 97 -23 by the Local Agency Formation Commission, and the exterior boundaries of such territory are as hereinafter described. C. The territory proposed to be annexed is uninhabited and will be benefited by such annexation as described in Health and Safety Code Section 4830. d. The reasons for the proposed annexation as set forth in the resolution of application referred to above are: I . The District is empowered to and is engaged in famishing sewage disposal facilities. 2. The territory proposed to be annexed to said District is developed and/or proposed to be developed and used for residential and/or commercial purposes and provision for sewage disposal facilities for said territory is essential for such purposes. e. The terms and conditions of the proposed annexation are: Payment of State Board of Equalization fees. All the owners of land within such territory have given their written consent to such annexation, as provided in Government Code, Section 56837; and therefore, as approved and authorized by the Local Agency Formation Commission, this Board may adopt its resolution ordering the annexation without notice and hearing and without an election, as provided in Government Code, Section 57002. g. The regular County assessment role will be utilized and the affected territory will not be taxed for existing bonded indebtedness. h. Pursuant to State CEQA Guidednes Section 15319 (California Environmental Quality Act of 1970), the Board finds that this project is categorically exempt (Class 19) from further environmental review. IT IS FURTHER RESOLVED AND ORDERED that pursuant to Government Code Section 57002, the following described incorporated territory in the City of Encinitas, State of California, be and it hereby is annexed to and made a part of the Cardiff Sanitation District. IT IS FURTHER ORDERED that the Clerk of this Board immediately transmit a certified copy of this resolution along with a remittance to cover the fees required by the Government Code Section 54902.5 to the Executive Officer of the Local Agency Formation Commission of San Diego County, so that the Executive Officer may make the filings required by Chapter 8 (commencing with Section 57200), Part 5, Division 1, Title 6 of the Government Code and by Chapter 8 (commencing with Section 54900), Part 1, Division 2, Title 5 of the Government Code. PASSED AND ADOPTED this 17th day of December, 1997, by the following vote, to wit: AYES: Aspell, Bond, Cameron, Davis, DuVivier I, Deborah Cervone, City Clerk of ere City of Encirdtao, NAYS: None Califomla do hereby campy `"der parent of perwry that the aloe and lorapng to a bw and correct copy of this document on file in my offlow. In witness whereof, ABSENT: None I'_hav� psat my hand the seat a the a EncMn =day Of ,19� ABSTAIN: None -_` '"nrath,ewone.Ciryci �. Chairman of the Board Sanitation District ATTEST: L*.Pno-Q A g3ftnM&Q Deborah Cervone, Clerk of the Boaz 4 RESOLUTION NO. PC -9749 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINITAS APPROVING SEP 2 (� 1997 A TENTATIVE MAP TO ALLOW FOR THE SUBDIVISION OF A 54.49 ACRE PARCEL INTO FIVE SINGLE FAMILY RESIDENTIAL LOTS AND A REMAINDER PARCEL FOR PROPERTY LOCATED AT THE NORTH END OF THE TERMINUS OF CALLE MARGARITA WITHIN THE DOUBLE LL RANCH SUBDIVISION (APN: 264- 241 -07; Case No. 97 -100 TM/EIA) WHEREAS, an application for consideration of a Tentative Map to create five residential lots in excess of two net acres each and a 41.3 net acre Remainder Parcel was filed by Christopher Lloyd / Conway & Associates for property located north of the terminus of Calle !Margarita, and legally described as: THE REMAINDER PARCEL OF PARCEL MAP 17446 OF CITY OF ENCINITAS TRACT 93 -053, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO PARCEL MAP THEREOF NO. 17446, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 14, 1994. WHEREAS, a public hearing was conducted by the Planning Commission on July 24, 1997 and all those desiring to speak did speak: and WHEREAS. the Planning Commission considered, without limitation: I . The Agenda Report for the July 24, 1997 meeting; 2. The General Plan. Zoning Code. State Subdivision Map Act, the Environmental Initial Assessment. and associated Land Use Maps: 3. Oral evidence submitted at the hearing by staff, by the applicant and by the public; 4. Written evidence submitted with the application and at the public hearing; and 5. The application and supporting material dated received by the City on May 19, 1997 including three sheets consisting of (1) the Tentative Map (as revised and dated received by the City on July 15. 1997)-.(2) the Preliminary Grading Plan: and (3) the Slope Analysis of the Property (as revised and dated received by the City on July 15. 1997). cdlccrdfa97•IOOpc I.doc(7- 24-97) WHEREAS. the Planning Commission made the following findings pursuant to Chapter 34.01 (Subdivisions) of the Encinitas Municipal Code: (SEE EXHIBIT "I") NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Encinitas that application No. 97 -100 TM/EIA is hereby approved subject to the following conditions: 1. This Tentative Map is approved as submitted and evidenced by the application request dated received by the City on May 19, 1997 and revised Tentative Map and Slope .Analysis dated received by the City on July 15. 1997 (as described above) and shall not be altered without City approval or as conditioned herein. 2. This approval may be appealed to the City Council within 10 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. 3. The Tentative Map shall be valid for three years from the effective date of this approval (to July 24, 2000), during which time a Final Map shall be recorded to the satisfaction of the City Engineer and the Community Development Department; or as an extension of time may be granted pursuant to the Municipal Code. A maintenance agreement shall be established prior to Final Map recordation to determine those property ow-ners who shall be responsible for the maintenance of the private street and the open space easement on Lots 3. 4, and 5. c.aJC.�A For new residential dwelling unit(s), the property owner /developer shall pay development fees at the established rate. Such fees may include. but shall not be limited to: Permit and Plan Checking Fees, School Fees. Water and Sewer Service Fees. Traffic Fees. Drainage Fees and Park Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development Department. 5. Approval of this application shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. B. SITE DEVELOPMENT: The property owner /developer shall contact the Community Development Department regarding compliance with the following conditions: Prior to Building Permit issuance, a plan shall be submitted for approval by the Community Development Department and the Encinitas Fire Department regarding the treatment of the site during the construction phase. the circulation and parking of cons action workers' vehicles and any heavy equipmect needed for the construction of the project. and the miti --ation of potential impacts the construction may pose to SUM ding uses. cdhru/697- IOOpcI doc1744 -971 2. The following conditions shall be included in writing on the Final Map: (a) All grading and construction shall be limited to the relatively level, disturbed areas adjacent to the extension of Calle Margarita as indicated on the preliminary grading plan submitted with the Tentative Map application request:.kb) Slopes on the east side of Lots 3, 4, and 5 shall be placed into an open space easement consistent with General Plan Resource Element 10.1 and grading, the importation of fill material, or the construction of structures is prohibited within the open space easement unless previously approved in writing by the Planning Commission; and (c) The open space easement may allow for the grazing and containment of animals. Vegetation within the open space easement may be cleared as determined appropriate by the Fire Marshal for fuel modification requirements to protect future structures on Lots 3, 4 and 5. Fencing, sunshades and feeding equipment may be erected within the open space easement for the care of contained animals. If the open space area is used for grazing and containment of animals, the Diegan Coastal sage scrub and Rhus scrub areas shall be fenced to the satisfaction of the Community Development Department so as to prohibit encroachment into these areas by large animals. All exterior lights within the subdivision and in landscaped areas shall be provided with shields to prevent light glare from being visible above the horizontal plane of / the bottom of the light source. A! Property owners shall agree to preserve and save harmless the City of Encinitas and each officer and employee thereof from any accident, loss, or damage to persons or property happening or occurring as the proximate result of any of the work undertaken to complete this project, and that all of said liabilities are hereby assumed by the property owner. 51 Evidence has been submitted by the neighbor to the north of the Remainder Parcel that a pool heater and fence on the Remainder Parcel encroach onto the adjoining propem to the north. The issue of the encroachment is a civil matter between the two property owners. The property owner /developer shall provide evidence to the satisfaction of the Community Development Department and City Engineer that this encroachment issue is resolved prior to Final Map recordation. 6iJ The property owner /developer shall execute and record a covenant satisfactory to the Community Development Department to reserve one unit (or Accessory Unit) as an affordable housing unit for each ten units created within this subdivision and adjoining subdivisions under their ownership in accordance with the provisions of Chapter 24.21 of the Encinitas Municipal Code. Said covenant shall include language that these inclusionary (affordable) housing units shall be reserved in perpetuity at rent levels affordable to "Low Income' individuals and/or households earning at or below the 50% of the regional median income level. Income levels and affordable housing payments are established by HUD on an annual basis. 7. Prior to permit issuance, any project signing shall receive design approvals as required under Chapter 23.08 of the Municipal Code. cdicm /f./97.1 OOpc I.doc(7 -2447) Prior to Final Map recordation, the property owner /developer shall cause to be recorded a standard form covenant, acceptable to the Community Development Department, which records this Resolution of Approval and conditions herein. All recreational trails which were approved on previous subdivision maps created by the property owner /developer shall be improved to interim trail standards (or the standards in effect at the time) prior to the issuance of the first grading or building permit within this subdivision and the recreational trail on Lots 1 and 2 shall be improved in conjunction with the grading improvements for these lots. n 10. Consistent with the density calculations for this subdivision. no more than 12 lots may be proposed for the Remainder Parcel unless findings can be made during Tentative Map review that the subdivision may exceed mid -range density to a maximum of 21 lots. 11) The Final Map shall show appropriate survey information to verify a minimum of 2.0 net acres for each of the five residential lots. C. FIRE DEPARTMENT: The property owner/ developer shall contact the Fire Department regarding compliance with the following conditions: 3. ACCESS ROADWAYS: Fire apparatus access roadways shall have an unobstructed paved width of not less than twenty -four (24) feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. A roadway providing access to a single family residence shall not be less than sixteen (16) feet in paved width. EXCEPTION: With automatic sprinkler systems installed, a fire access road providing access to not more than three single family dwellings shall not be less than 16 feet in paved width with an unobstructed vertical clearance of not less than 13 feet 6 inches. 2. TURNAROUNDS: All dead -end fire access roadways in excess of 150 feet in length or serving four (4) or more dwelling units shall be provided with a cul-de -sac. Streets constructed to private road standards where a turnaround is required shall have a cul -de -sac with a paved radius of not less than 36 feet. Cul -de -sacs serving commercial lots within the subdivision shall comply with city road standards. Alternate types of turnarounds may be considered by the Fire Chief as needed to accomplish the purpose of the Fire Code. 3. COMBUSTIBLE MATERIALS: Prior to delivery of combustible building materials on the project site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide a permanent all weather access for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire District. cd/cmlt r97.100pci.d «(7-24 -e7) 4. OBSTRUCTIONS: All traffic lanes shall be a minimum of twenty -four (24) feet wide and shall be maintained free and clear of obstructions at all times during construction in accordance with the Uniform Fire Code. Emergency access roadways, when required. shall be properly identified with signs pursuant to Fire Department standards. FIRE HYDRANTS AND FLOWS: The property owner /developer shall submit a letter from the Encinitas Fire Department to the Community Development Department stating satisfaction with the type, number and location of fire hydrants. A letter from the water agency serving the area shall be provided to the Fire Department which states that the required fire flow is available. Fire hydrants shall be of a bronze type. A two -sided blue reflective road marker shall be installed on the road surface to indicate the location of the fire hydrant for approaching fire apparatus. FUEL MODIFICATIONS: The property owner /developer shall submit to the Community Development Department a letter from the Fire Department stating that required fire /fuel breaks have been provided to the satisfaction of the Fire Department prior to final occupancy of each structure within the subdivision. ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of numbers shall conform to Fire District standards. Note: Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers shall be affixed to this marker. AUTOMATIC FIRE SPRINKLER SYSTEMS: Structures shall be protected by automatic fire sprinkler systems installed to the satisfaction of the Encinitas Fire Department. 9. FEES: Prior to Final Map recordation, the property owner /developer shall submit to the Community Development Department a letter from the Fire Department stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire Department. D. ENGINEERING: The property owner /developer shall contact the City Engineering Department regarding compliance with the following conditions: Grading Conditions: }� All city Codes. Regulations. and policies in effect at the time of Tentative Map / approval shall apply. The property owner /developer shall obtain a Grading Permit prior to the commencement of any clearing or grading of the site. The grading of this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work cd/crNf./97 -I OOpcI Ami 7- 24 -97) with the approved grading plan, submit required reports to the City Engineer, and to verify compliance with Chapter 23.24 of the Encinitas Municipal Code. 2. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. 3. All newly created slopes within this project shall be no steeper than 2:1 ;. A soil s/geologicaLhydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. Such report shall be submitted prior to Final Map approval or as may be required by the City Engineer. Drainage Conditions: ?. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltationidetention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types satisfactory to the City Engineer. 6. A drainage system capable of handling and disposing of all surface water originating within the subdivision. and all surface water that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. a7 The property owner /developer shall pay the current local drainage area fee prior to approval of the Final Map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas standards as required by the City Engineer. XConcentrated flows across driveways and/or sidewalks shall not be permitted. Street Conditions: A registered Civil Engineer or a licensed land surveyor shall provide a signed statement that: "The existing private roads of access to the project are within the easement for the benefit of the land division." t A. Reciprocal access and/or maintenance agreements shall be provided ensuring access to all parcels over ! .ate roads. drives or parkin^ areas and ^-aintenance thereof to the sfactic oft. --ity Engit, -. cdNcmf /97 -I OOpc I .doq 7.21.471 The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the Final Map for this project. The structural section of all private streets shall conform to City of Encinitas standards based on R -value tests. The standard improvement plan check deposit is required. Utilities: The property owner /developer shall comply with all the rules. regulations and design requirements of the respective utility agencies regarding services to the project. 13. The property owner /developer shall be responsible for coordination with SDG &E. Pacific Telephone, and all other utility agencies. 14. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 15. The developer shall be responsible for the relocation and undergrounding of existing public utilities. as required. 16. If private sewer will serve this development then a maintenance agreement must be executed before recordation of the Final Map. MAP 17. This project will be approved specifically as 1 (single) phase. -1.$' This subdivision contains a Remainder Parcel. No building permit shall be issued for the Remainder Parcel until it is further subdivided pursuant to the provisions of Title 24 of the Encinitas Municipal Code. This note shall be placed on the Final Map. E. BUILDING DIVISION: The property owner /developer shall contact the Building Division regarding compliance with the following conditions: The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils /Geotechnical Report. Structural calculations. and State Energy compliance documentation (Title 24). Construction plans shall include a site plan. a foundation plan. a floor and roof framing plan, a floor plan. section details, exterior elevations. and material specifications. Submitted plans must show compliance with the latest adopted editions of the Califomia Building Code (The Uniform Building Code with California Amendments. the California Mechanical. Electrical and Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. cd/croir/97 -I OOKl.doc(7- 24 -47) MEMEMNUT11MI All grading and construction shall be limited to the relatively level, disturbed areas of the property as shown on the preliminary grading plan. The steep slope areas on the eastern portion of Lots ? 4, and 5 shall be preserved within an open space easement for the preservation of stcep slopes. The applicant shall provide evidence that an area of 1.0 ::re of previously unprotected off -site Coastal sage scrub has been acquired to mitigate impacts to the on -site 0.98 acre of Diegan Coastal sage scrub and Rhus scrub habitat prior to grading permit issuance for Lots 3, 4, and 5. Prior to its purchase, the off -site acquisition area shall be approved by the City of Encinitas in consultation with the USF &WS and the CDF &G. The City shall process "de Minimus" findings pursuant to 4(d) Permit procedures for the impact to the habitat and the habitat "take" shall be reported as counting against the City's 5% Interim Take Allowance. BE IT FURTHER RESOLVED that an Environmental Initial Assessment (EIA) has been conducted for the proposed project and it has been determined that all project impacts to the environment have been reduced to a level below significance by the projects design, the conditions of approval. or the required mitigations and a mitigated Negative Declaration is hereby adopted. This project will not individually or cumulatively have an adverse effect on wildlife resources. as defined in Section 711.2 of the Fish and Game Code and, therefore, a Certificate of Fee Exemption shall be made with De Minimis Impact Findings- PASSED AND ADOPTED this 24th day of July, 1997, by the following vote, to wit: AYES: Wells, Bagg, Lanham, Patton, Jacobson NAYS: None ABSENT: None ABSTAIN: None Alice Jacobson. Cir m Planning Comis ton. City of Encinitas ATTEST: Sari 4.ra L. Holder Secretary cd/cro /097• I(arper.dm( -, -4- EXHIBIT "1" Resolution PC- 97-49 Findings for Approval of a Tentative Map for Subdivision of Properh Pursuant to Section 66474 of the State Map Act (A) That the proposed map is consistent with the General Plan. Facts: The Tentative Map proposes five residential lots, each measuring at least two net acres in size, and a Remainder Parcel of 41.3 acres. The residential lots are configured and designed to conform with the development standards of the Rural Residential Zoning District and will support future development of single family residences. Discussion: The project complies with the density limitations of the General Plan and is below mid -range density for the Rural Residential land use designation. Conclusion: Therefore, the Planning Commission finds the Tentative Map is consistent with the General Plan. (B) That the design or improvement of the proposed subdivision is consistent with the General Plan. EaM: The Tentative Map proposes lot sizes which are consistent with the provisions of the RR Zoning District. Discussion: All other design requirements for future single family residences can be accommodated by the design of the Tentative Map. Conclusion: Therefore, the Planning Commission finds that the Tentative Map's design is consistent with the City's General Plan. (C) That the site is physically suitable for the type of development. Fajda: An Environmental Initial .Assessment has been completed for the project and mitigations have been required to reduce environmental impacts below a level of significance. No evidence has been submitted during the project review process to indicate that the site is not physically suitable for future development with single family residential structures. The residential lots are provided adequate access and the site is physically suited to provide for five residential lots. The applicant has submitted "will service" letters from the Water. Sewer. and School Districts and the Fire Department. Discussion: The project is designed, or has been conditioned, to satisfy development requirements of the Rural Residential Zoning District. cd'croi r 97 -1 oopc I do( 7-24-97) Conclusion: Therefore. the Planning Commission finds that the site is physically suitable to accommodate the future development of five single family residences and that the subdivision is designed. or has been conditioned. to comply with development standards established by the Rural Residential Zoning District. (D) That the site is physically suitable for the proposed density. Facts: The Tentative Map proposes five residential lots and a Remainder Parcel which comply with the slope adjusted mid -range density standards for the Rural Residential Zoning Districts. Discussion: The project complies with the net acreage, slope adjusted, mid-rango density standards for the Rural Residential Zoning District. No evidence has been received during the planning review process to indicate that the site is not physically suitable for the proposed density. Conclusion: Therefore, the Planning Commission finds that the Tentative Map conforms to the density requirements for the Rural Residential Zoning District. (E) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. Facts: An Environmental Initial Assessment (EIA) has been conducted by the City's Environmental Consultant for the project, Mooney & Associates. Discussion: It has been determined that all project impacts have been adequately analyzed in the Environmental Initial assessment (EIA) and environmental impacts have been avoided or mitigated by the project's design, conditions of approval. or the environmental mitigations required by the Negative Declaration. Approval of the subject application request would have no impact on the MHCP and NCCP programs since an on -site meeting was conducted with Resource Agency staff and it was determined that the Diegan Coastal sage scrub and Rhus scrub are of limited value to wildlife enhancement due to the fragmentation and isolation of the on -site habitat from other larger areas of habitat. The applicant agreed to the off -site purchase of mitigation credits within an established mitigation land bank at a 1:1 ratio prior to grading permit approval for Lots 3. 4, and 5. Said acquisition shall be approved by the City in consultation with Resource Agency staff prior to its purchase and the impacted area will be deducted from the City's 5% Interim Take Allowance. Conclusion: Therefore, the Planning Commission finds that the design of the subdivision and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (F) That the design of the subdivision or type of improvements is not likely to cause sen- is public health problems. .� -I Wpc I. do (7 -24 -97) Facts: The applicant has submitted "will service" letters to indicate that the Water. Sewer. Fire and School agencies can provide adequate service and utilities to the project site. Discussion: No evidence has been submitted to indicate that a serious public health problem would occur should a Final Map, in accordance with the approved Tentative Map, be recorded and the proposed residences be constructed. Conclusion: Therefore. the Planning Commission finds that the design of the subdivision and the future residences on the site can be adequately serviced with necessary utilities and the project will not cause any serious public health problems. (G) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Facts: The Tentative Map indicates that adequate access to each of the residential lots can be provided in conformance with City standards. All other known easements for utilities or access are indicated on the Tentative Map and will remain for access to public utilities. Discussion: The design of the Tentative Map will not conflict with any easements for utilities or roadways. All access easements and utilities will be shown on the Final Map in accordance with City standards and the servicing utility's requirements. Conclusion: Therefore. the Planning Commission finds that the design of the subdivision and future improvements will not conflict with any public easements nor hinder access to, or the use of, property within the proposed subdivision. cdtcroarAt -uaa i.d«(7- 24-97) + � /►tnuu,;�T1 .EfB AREA: PROJECT REVIEW REQI EST CITY OF ENCINITAS Community Development Department 505 South Vulcan Avenue Encinitas, CA 92024 -3633 01 1;/61v [+A i N CASE NUMBER: 97- - 1 CC -rn?! eI6 APPLICANT: C t-f t S U001 x P SUBMITTALDATE: S- 19-9 -1 FINANCE NUMBER: C3 2 O 3 TM. ADDRESS: CAZCE /1jAa&APTk (f0- APN DESCRIPTION: $ LcT 5> °D SO(,512101SICi D P"x F C erl 54-- 4- 1 A c, ENVIRONMENTAL STATUS: E-LA ):: l'M IA)& TO [ ] Sandy Holder, CD Director [ ] Bill Weedman, City Planner • [ ] Gary Barberio, Senior Planner [ ] Will Foss, Building Division Supervisor • [ ] Cindy Adams, Code Enforcement Coordinator e [ ] David Moore, Dep. Fire Marshalyo Mike Castanada, Fire Prevention Officer [ ] Hans Jensen, Sr. Civil Engineer • [ ] Rob Blough Assoc. Traffic Engineer [ ] Victor Graves, Planner, San Dieguito Water District [] Jessie Tench, Superintendent Parks & Beaches [ ] Bill Harms, Crime Prevention Specialist Sheriffs Office (Encinitas) ACTION REQUESTED: Z,^4 2IFI -V-7 /,�(n+ A X1.3 .4 e- 96Im-4- Iti Date Transmitted: S Z Z — 9 % Return by (Date): 6 —Z 9 —7 RETURN TO CD DEPARTMENT CONTACTPLANNER Craig Olson Associate Planner Ext.2713 [ ] INITIAL REVIEW [ ] ENTER APPLICABLE CONDITIONS /COMMENTS IN HTE PLANNIVG ZONINGJMODULE [ ] RE- REVIEW, NOTE CHANGES Cj� 1nit9 rmw Ga a +R+faTS ll'LETU�r! P� 5 o(L SeNO DtAv'E ENTERED BY: /1-c- _L- Je" s'x - DATE: _r' e) ` S c`J ' 7— 7— p % ADDITIONAL COMMENTS TO PLANNER: �. (, 14 cZ_eq (CONTINUE COMMENTS ON BACK IF NECESSARY) LK/hz/MS28- 2701.doc(11- 14 -94) fi Project No. 97 -100 TM /EIA Applicant: Lloyd Page 1 July 7, 1997 CITY OF ENCINITAS Project No. 97 -100 TM /EIA Applicant: Lloyd APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: All City Codes, regulations, and policies in effect at the time of tentative map approval shall apply. Grading Conditions 1. No grading permits shall be issued for this subdivision prior to recordation of the final map. 2. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 3. The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. 4. No grading shall occur outside the limits of the SUBDIVISION unless a letter of permission is obtained from the owners of the affected properties. 5. All newly created slopes within this project shall be no steeper than 2:1. , Project No. 97 -100 TM /EIA Applicant: Lloyd Page 2 July 7, 1997 6. A soils /geological /hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work: a. Prior to final map approval; or b. Prior to building permit issuance; or C. At first submittal of a grading plan. Drainage Conditions 7. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation /detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 8. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. 9. The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall F Project No. 97 -100 TM /EIA Applicant: Lloyd Page 3 July 7, 1997 construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the City Engineer. 10. Concentrated flows across driveways and /or sidewalks shall not be permitted. Street Conditions 11. A registered Civil Engineer or a licensed land surveyor shall provide a signed statement that: "The existing private roads of access to the project are within the easements for the benefit of the land division ". 12. Reciprocal access and maintenance and /or agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the City Engineer. 13. The design of all private streets and drainage systems shall be approved by the City Engineer prior to APPROVAL OF THE FINAL MAP for this project. The structural section of all private streets shall conform to City of Encinitas Standards based on R -value tests. The standard improvement plan check deposit is required. Utilities 14. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. 15. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. 9 Project No. 97 -100 TM /EIA Applicant: Lloyd Page 4 July 7, 1997 16. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 17. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 18. If private sewer will serve this development then a maintenance agreement must be executed before recordation of the Final Map. Map 19. This project will be approved specifically as 1 (single) phase. 20. This subdivision contains a remainder parcel. No building permit shall be issued for the remainder parcel until it is further subdivided pursuant to the provisions of Title 24 of the Encinitas Municipal Code. This note shall be placed on the final map. 21. The developer shall be responsible for the payment of Flood Control Impact Fees, Park Fees, and Traffic Impact Fees before the approval of the grading plan, or enter into a security agreement for the payment of such fees: For new residential dwelling unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, and Park Fees. As required, arrangements to pay these fees shall be made: 1. Prior to building permit issuance. 2. For Traffic Fees, prior to issuance of occupancy certificate. 4 CITY OF ENCINITAS DISCRETIONARY PERMIT APPLICATION COMMUNITY DEVELOPMENT DEPARTMENT 505 South Vulcan Avenue Encinitas, Califomia 92024 (619) 633 -2722 Applicaton No 177-100 -FP 16 ",4 Date of Application: S— l4 9 Community Area 01 i al, 7 APPLICATION TYPE (check all that apply) Finance # ❑ Annexation .......................................................... ............................... ❑ Appeal ................................................................. ............................... ❑ Coastal Development Permit .............................. ............................... Exempt _ Regular permit Appeal Zone? Y _ N _ _ Cat. excluded _ CCC permit ❑ Conditional Use Permit ( Major) ........................... ............................... ❑ Design Review (Planning Commission).......... .... ............................... PEnvironmental Submittal (EIA/Neg. Dec/EIR .................. Z03c�i ❑ General Plan Amendment .................................. ............................... ❑ General Plan Interpretation ................................. ............................... ❑ Specific Plan ....................................................... ............................... ;5Tentative Ma ZC3TM ❑ Variance ( Major) .................................................. ............................... ❑ Zoning Amendment ............................................. ............................... ❑ Zoning Code Interpretation ................................. ............................... Please complete the following: Project Name: C/aL(,C M)9R6ARJrA "o/: 1J Code Amount f2D IC00_ r Z1oCC- Total Paid: �3 'CVC Project Address: AIOR7H 4EW0 CA "6 r77AR6,lR17 4 APN: Z(!:o4 - Z41-e>7 Between _ Na AN of L RA/t Ch R4 And (Street) C cvc —de_ sAc ) (Street) APPLIMI19111 CHI?15 i O PH 6-R Phone: 634- 5 % % 4 (Last, First, Middle Initial or Firm Name) Address: 2 57 Z LONE (119CK lRd City ENCl/ulTAS State CA ZipgZOZ4 OWNER(S) G L pYo C I-fR 15TV PHC -1Z Name: CLC-A4y G12EGOIR�f Phone: L34 -5774 (Last, First, Middle Initial or Firm Name) Address: 2 57 2 G0AJC- cJl-�G/< izd State G4 City LNG /NiT)i5 zip q2-07-4 CD1ddU: %3pt1DISCAPP. DOC (915195) ENGINEER / ARCHITECT / Name: Co NIN/AY if A SSVc. , SUG Phone: (Last, First, Middle Initial or Firm Name) Address: /3-5 G/UC-R 0004 DID -*A 753 -1453 City C, 42v Ir -F State CA Zip 9Z 00'% "PLEASE ATTACH A DESCRIPTION OF THE PROPOSED USE J PROJECT TO THIS APPLICATION. Have you had a pre - application meeting? 211es ❑ No If yes, name of planner: CRAG OLSEn� i3iLC- /,�JEC— O/`?AN Has construction or use of the property for which this permit is requested started? ❑ Yes LAS No If yes, explain: I am able and intend to proceed with actual construction work and/or division of land in accordance with plans submitted herein within / Z months after approval. I acknowledge that an application for a tentative map or tentative parcel map is not deemed received pursuant to Government Code 65920 et seq. until environmental review is complete. All other application types are not deemed received until responses from interested agencies are received by the City. I understand that if the project or any alternatives are located on a site which is included on any of the Hazardous Waste and Substances lists compiled by the Secretary for Environmental Protection pursuant to Section 65962.5 of the Government Code, then a Hazardous Waste and Substances Statement must be submitted with this application. (Information that must be included in this statement can be obtained from the Community Development Department.) I further understand that all fees and deposits submitted with this application will be refunded only as provided for by the ordinances and regulations in effect at the time of the request. Signature, Owner or Authorized Agent (Attach letter of authorization) CDlddcli taMOISCAPP.DOC (915195) Date C) Q O Q F— Q O 2 U Q VICINITY MAP Ji Q cr wQ J � J QQ u Zi LONE DOVE HOLLOW RD. 7 (PR/ VA TE) RD. D � U Q CITY OF ENCINITAS PROJECT SUMMARY PROPOSED USE RE S 1 DE NT/ A L OWNERIAPPLICANT C)41RI S LLO`rD NO SCALE CASE# DATE RECD ENGINEER CONWAY E iA55pC. 3'NG. HEARING DATE GENERAL PLAN DESIGNATION E57Xr6 N71AL ZONING REGULATION: /2� ACRES /3 • Z r 41 AyC QCMA/NG6R NO. OF LOTS S NO. OF DWELLING UNITS ._ CHECK SCHOOL DISTRICT(S): CARDIFF ELEMENTARY �! ENCINITAS UNION ELEMENTARY X SAN DIEGUITO UNION HIGH SEWER DISTRICT �RD WATER DISTRICT O L VE 14 ASSESSOR BOOK PAGE Z PARCEL �_ SCALE - 1'= --lye SCR-cc Please Print or Type Signatcr's Name COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ENCINITAS 505 South Vulcan Avenue Encinitas, California 92024 (619) 633 -2722 EVIDENCE OF LEGAL PARCEL l 34 Applicants Name CNR/S LL0 Y Telephone ' 5774 Mailing Address Z-5-72 Go ntE rJAGle RD. City ENC.r N"71�5 State (�4 zip 3zo7 4 You are required to supply documentation that this property constitutes a legal parcel before th City can accept for filing any discretionary permits. This form and associated evidence will be reviewed by the Community Development Departme upon submittal of your application. A request for a Certificate of Compliance must be file concurrently with or in advance of this application if the evidence presented is insufficient determine this parcel as being a legal lot or determination will require substantial time to researcr If determined that the property is not a legal lot, no permit or other approval may be grantea u; corrective action has been completed. Fees and deposits submitted with this application will be refunded only as provided for by t ordinances and regulations in effect at the time of the request. :.. Signature of Applicant DW n NJ Page 241 Parcel O'? S - /�• 9 � Date /'gam =�T� -� p� .4 c,7NO,�2. /�.FT�o.✓ 0 N /Lc:� wiTN T'Hc G7' i R[. OROINO R[OUJCOMPAAY 85-240163 T °rig TIT:( I!ISUAA!IC �pgcyD Ir 611:WiD. i.F asARCUa1uuN1T. AAA —,� 985 JLL -3 PN 2 53 uG I WMLM R[COROLO. ►L[ VErp LUXE OF �UM1Y kECCi.OER 1 TYpD' Tact[is Nat � 419 (6th FPasadena CA 91101 AlTI: %. %eKlnle y, 1 13y93a •74 %7.[AX�J /cam CORPORATION QUITCLAIM DEED �� � % ab4 -2 VO -Of AL•Y - 070 -10 For a valuable comdenlion, SECURITY PACIFIC NATIONAL BANK, a Natioml Bm.kin swda0un. here )' quitclaims unto as Trustee order the Will of EDWARD W. LLOYD, dr eased hereby u�lt clalu c MARCARTIA Z. LLOYD a vldov :rd WRISTOPXER 5. LIAYD. an uru+rr led son, �[ tetunta in common. share and $hare allkt all that real properly utuand In the unincorporated area County af, San o1�0_ - State of Cullfomia &scnbnd as follows: All of Loan 1 and 2 In Section 8, TovnshlP 11 South, Range 1 West, San Bernardino Lase and Meridian, according to United Stases Coverrroent Survey, and all of Lot 16 of the Subdlviaion of bas Encinitas, according to Map 2thereof Mo. all beingife the the office of the County Recorder of San Diego County, June San Diego, State of California. EasterlyCProlongation o[ that Southerly ll ne tof said Lot l6 at said Map No. the at porion of 946_ ALSO EXCEPTING [roe said late 1 and 2 In Section B AND of said Lot 16 of said Map NO. 8,9 those portion* thereof lying Easterly of the center line of county Road Survey No. 554 (kneWn as Lm Jack County Rae* dereof San Diego County. August 14. 1962ND• 6085, filed In [M offlre *This document has been prepared to torte ct the Corporation Quitclaim Deed Dated April 28, 1972, recorded on May 12, 1972 as Document #1843, at filelpage No. 120749, San Diego County records, to add on "share and share alike", pursuant to Cc. Order dated April 10, 1972. SECURITY PACIFIC NATIONAL a %\k, a National Banking Ac I,tlrOn. as Trustee Under the Will of Dated dune 28 1985 _ EDWARD Y. )LLOYD, deceased. BY ' i vi.r Prr•iJent • - !WI RaT NcKtnl01 BY Tru•1 M. OLl leer H. Latry Plume.. Jr. STATE OF CALIFORNIA I COUNTY OF LOS ANGELES f SS On J,m 28. 1985 , M•fore me, the undenig- d. a NoUry Public in "'i fur . "d Sla'.•. personally appeared Ma e N Klnlv known to me w M the VIcv Priudeill. and f Late PI t known to me to De the Senior crust 0[f leer of the SECURITY PACIFIC NATIONAL BANK. the association III, v%ecuted the within in, tumeni % Trustee Under the Will of EDWARD N. LLOYD deceased known to me to be the persons who executed the within inslrumeN — behalf of the a w.vbon dlcrvin nums•J. and acknowkdged ID me that such a „oci.Mion executed the wine punuant to u gcncral .ignaturc of its buaN of I ' dncUOrs. } I WITNESS my hand and official xvb. ofrICIaL SEAL [Sea]) ALDINA BARQUIN NDI” NLlIC CALIFUNHU LOS ANGELES COUNir Nr L..r.r hp,n Ne, 1 1111 1 N.aaY YueN.', Nyna Mail lax statement, to CONTINUE AS NOW MAILED: N r 1 THIS IS A CORRf CTION TO RECORDS ONLY . r• C) 61 i ! CITY OF ENCINITAS DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION, AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. CH/3/ 5 LLOYD G'RCG CLC -�R Y List the names of all persons having any ownership interest in the property involved. CHRJ 5 GLoy D GRC -G cl_C- -)4RY 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. r,) 1A 3. If any person identified pursuant to (1) above is a non -profit organization or a trust list the names of any person serving as director of the non -profit organization as trustee or beneficiary or trustor of the trust 4. Have you had more that $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees, and Council within the past twelve months? El Yes L� No If yes, please indicate person(s). PERSON is defined as: "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any group or combination acting as a unit" (NOTE. Attach additional pages as necessary.) Signature of Applicant Date CD /ddUl.43APTDI SC LOS E.DOCM14 /961 Conway & Associates, Inc. Civil Engineera/Survevtxa/Grnimi- Engineering -IIAZ Contractor AB412412 135 Liverpool Drive Suite A Cardi(Fby- the -Seal CA 92007 Telephone (619) 753 -1453 Fax (619) 7534158 To Whom it may concern I hereby authorize CONWAY & ASSOCIATES, INC. to act on my behalf in any and all matters concerning the submittal and processing of a Tentative Map on property I own in the City of Encinitas. I understand that CONWAY & ASSOCIATES, INC. will act as my agent as a convenience to me and therefore shall not be held liable for any action whatsoever in this regard. I S- - /Y-4,P Owner / 5/3/97 Conway & Associates, Inc. Civil Enginem Surveyw Germ- Engineering -HAZ Conlnaon Aa412412 135 Liverpool Dive Suite A Cardiff -by4he Sm CA 92007 Telephone (619) 753 -1453 Fu (619) 7534159 To: Whom it may concern I hereby authorize CONWAY & ASSOCIATES, INC. to act on my behalf in any and all matters concerning the submittal and processing of a Tentative Map on property I own in the City of Encinitas. I understand that CONWAY & ASSOCIATES, INC. will act as my agent as a convenience to me and therefore shall not be held liable for any action whatsoever in this regard. Owner 5/3/97 May 15, 1997 City of Encinitas Attention: Craig Olsen 505 South Vulcan Avenue Encinitas, CA 92024 Dear Craig, The purpose of this correspondence is to respond to your letter of May 13, 1997 regarding Recreational Trail Improvements on my property. While I intend to fulfill my obligations as quickly as possible, all actions on my part are currently subject to proceedings pending in the bankruptcy court where I have filed a petition for relief. It is my opinion that I have fulfilled the 3/10/97 start date requirement of the covenant by virtue of the portion of the recreational trail crossing the easterly end of Double L Ranch Road. The crossing was started as part of the improvements for Double L Ranch Road and Lone Jack Road and is the only substantial earthwork structure involved with the trail. The proforma plan I have submitted to the court for approval contains a provision for the subject trail to be installed in the fifth month of the plan. At this time I have been advised by my attorney that the plan will be approved within 45 days, which should allow installation of the trail before the December 10, 1997 date. While I fully intend to do this work as soon as I can, note that the subject covenant allows for a modification of the required time parameters "in the event good cause exists ". I propose that, should it be required, good cause for modification of the time frame exists now because : (a) actions on my part are subject to court approval ; (b) I intend to install the improvements as soon as feasible. Sincerely, Chris yd GROSS ACRES LESS. NET ACREAGE CALCULATIONS Dedication L L man c 4 /C va N Proposed Rd. Private Streets Significant Wetlands Utility Easements NET ACRES SLOPE DENSITY RANGE CALCULATION A. MAXIMUM RANGE SLOPE ACRES 0 -25% 3i•Z 25-40% 40%+ B. MID -RANGE SLOPE 0 -25% 25-40% 40%+ S•9 +2 Z•to ACRES 39.2 5.9 +2 Z•� DENSITY x D• 5 D.U. _ x D.5 D.U. Total DENSITY x4 36 = X 6,36' = 7N 17_/00 G G RAnc� .l.t7A e,• ',1 ode. /I / 5-21-97 !�-�f, 4 1,6 +/- Ao. --6-)— +A Ac. 6.3 +ti Ao. 4-S +/- Ac --&-- +/- Am 4719 ac. DWELLING UNITS none 21 / D.U: s DWELLING UNITS /4.. 9 none Total Conroy Associates. Inc TM 97 -100 GROSS AREA SLOPE ANALYSIS 11�c� SITE AREA': 2,278,085 s.f. 52.3 ac. FLOOD ESMTAREA: 197,560 s.f. 4.5 ac. NET AREA: 2,080,525 s.f. 47.8 ac. ' (excludes road esmts) TOTAL AREA 0 -25% 25-40% > 40% (s.f.) (s.f.) (s.f.) (s.f.) 21,900 12,390 2,150 7,360 36,075 16,295 10,080 9,700 35,500 16,175 15,025 4,300 33,450 16,375 12,800 4,275 40,000 21,840 8,240 9,920 24,700 15,540 6,060 3,100 16,560 12,995 3,040 525 40,000 24,930 7,520 7,550 40,000 19,560 15,840 4,600 43,425 15,965 16,560 10,900 28,575 27,055 1,520 0 32,250 2,250 17,800 12,200 43,500 29,135 13,440 925 28,425 1,800 24,975 1,650 55,275 52,035 3,240 0 40,000 37,180 1,920 900 40,000 33,610 4,240 2,150 35,575 27,265 7,500 810 30,665 23,615 6,150 900 24,980 11,640 11,200 2,140 34,950 29,805 3,920 1,225 40,980 16,585 20,720 3,675 40,000 23,070 14,480 2,450 40,000 38,250 1,600 150 40,000 38,260 1,440 300 40,000 39,440 160 400 1.153,740 1,106.650 27,040 20.050 2,080,525 1,709,710 258,660 112,155 47.8 39.2 5.9 2.6 acres acres acres acres h:\5-lot\S-tm\slp-site.xls Printed: 5/22197 12:12 AM Page 1 PRIVATE STREET 12710 Si. 24.700 SF. I 14TN0 7i. 11 =75 S.F. 70.965 S.F. NET ATEA: ONC OM FLOOD E91T, EAnIMM RTIM EMM ROOD EIRE M 2,274095 Si. TONE ARCK ROAD I 32.655 S.F. ` 1 1 1 � 1 1 I 1 ! 1 FLOOD ESNT: FLOOD E9TT: A- 197,392 SF. 1 1 ! 1 I I 1 1 1 24,9e0 sF. x95o ss.' ! �' LL RANCH ROM L _ _ 46&O 4F.. i NORM i SCALE: I' -200' PLOT • Y -200' Design Review —z—&M M APPLICATION SUPPLEMENT CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT MUP/MIN Variance Other. 1. Project Description. (Describe proposed project. Describe what you are requesting). LAND _'5,0Z-17_ - 5 Lv7'5 ->'- REMAiN26f? F"*' i a. building sq. ft. b. exterior matenaVcolor C. window matenaVcolor d. door matenaVcolor e. roof matenaVcolor f. Landscaping Percentage Q. Standards: garage sq. ft. //L DENSITY CODE REQUIREMENTS PROJECT Density Range Mid•Range • Net lot area Z iFG Lot Width Cul-de -sac lot width Panhandle lot width Lot Depth Front Yard Setback I 30 Interior Side Yard Setback I 15 Extenor Side Yard Setback I ZO Rear Yard Setback I 7-5 Lot Coverage I 35/ Building Height 15EG 30. 1 G• 016 i3� Off -Street Parking FAR pZ5 Community Area l Thomas Bros Pg C 3 ESTATE PJJAL General Plan Designation No. !R 2 `Rec-5 /DEn $tote Coastal Zone? 11 Yes 5'Flo Number of Proposed Residential Units: Attached 'JIA Detached Number of Lots 5 Acres: Gross /3• Z Net /Z• c? Related Case ?: Flyes ❑ No If yes, provide previous Case No. TM 87.041 TPM q?-0573 2. Existing Conditions. (Describe the existing conditions of the site: i.e., topography, road /alley conditions, access, vegetation, structures, fencing, lot size, drainage and the like). GENTLE 7D 57EC- -P 7apo6/RaPHY 1VO 5TRUGitJ2c -5 ON X2«1 M &6 -! �r ACCESS FROM E,41577106 PRIVATC ROAd 3. Surrounding Conditions. (Describe the surrounding conditions: i.e., existing structures and relationship to project, # of units, lot sizes, vehicular access, topography, use type and the like). A e A774 - S71mi &A-R! Lft'Y1 n L- I4-5T- /?EMlq -too &z PAf2cF1- on/ Sv(�71a - PREt/laUS GoT S/�lr r — Z �c i��2ccLs wc-s � - C/ 7-r of C'r� 2 c s loll D siiv6G � dim : /y PAop«T4 c/NOE-R 6oN57RU6-)0,v C01ddU:�bspl4SUPPLMNT.00C (915195) General Plan Zoning Existing Desianation Designation Use Subject Parcel: Rc�2Y�L RC -5 /OC ti/�AL f 1Z Z V /'G/4 " North: � V/ 9 I South: S F %� East: West: Ci �-rDr ('}Y2G5 &14,C> RE'MA/A,)015-Z SFR 4. Projectlparcel history. (Describe any past actions taken on this site or project or any other ac taken on development of the site.) YOU LRnio �QLJTS by GuR�ZF�uT owniG�Z oN Arnv1qCEnJ nrzc�pCJz7Y - n/oTN7A16 aN �/S SiiE 'S. Project Design. (Describe the design of the project and how it relates to the subject property adjacent properties and uses). _ z-p"o -5pLi r ojvGY 6ONFp2M,4NGE r.Jz ZonJ;fU O /'moo. '6. View Preservation. (Describe what views are being maintained on adjacent properties and that may be impacted by this project) .0065 NaT f Ogz:r NOTE Items with an asterisk may not be appropriate for ail applications. If you have q, regarding applicability to your project. please discuss with Planning Department staff. PROJECT FACILITY AVAILABILITY FORM Please type or use pen (Two forms are needed if project is to be served by separate school districts) CNARis LLOYD 634-67-74 Owners Name Phone Z S? Z L 0 N 4f cln o)e k Owner s Mailing Address Street [— fvGIN17?1rS' CA ZO24 OT Encinitas SCHOOL ORG ACCT ACT TASK DATE 8G ELEMENTARY HIGH SCHOOL UNIFIED DISTRICTCASHIER5 USE ONLY SECTION 1. PROJECT DESCRIPTION TO BE COMPLETED BY APPLICANT A. LEGISLATIVE ACT Rezone from _ zone density/intensity to zone denWylintensity. BGeneral Plan Amendment Specific Plan Specific Plan Amendment B DEVELOPMENT PROJECT Major Subdivision (TM) Minor Subdivision (TPM) Boundary Adjustment Major Use Permit (MUP), pu Time Extension... Case No.. Expired Map... Case No Other C. Residential....... Total number of dwelling urns ID Commerual ...... Gross floor area Industrial ........ Gross floor area Other........... Gross floor area D Total Protect acrea / 3 • Z Total number of lots 5 Assessor's Parcel Number(s) (Add extra if necessary) Projectaddress 5 Q 04,1A16fZ O L7 L1 &r l4 fFAi lv 9 2 o Z 4 t:arnwr vlunrip /u.rs,argm • 1 � Applicant's Signature�� T'`^ NAC�L E -fat CU' n/ wia-T ��am `���•� Address 13 S G) 1/C -)210 Dd L p2 d-A ef) -Rf3 l rr � 9 °p°-1 -7,5 5 - / 4 S 3 (On completion of above, present to the school district to complete section 2 below) SECTION 2. FACILITY AVAILABILITY TO BE COMPLETED BY DISTRICT n not to a nnrneo otsmct, rrmun -­- If gh school district must also fill out a District Name Encinitas Union Indicate the location and distance of proposed schools of attendance. Elementary' OPE miles: 3 -5 Junior/Middle, miles: High school miles' )M This project will result in theefhhoverc[rtowdlr of the �I ale ante junlor)mi le CI hI h school. (check all that apply) at a dancen �fSjecT ma tYe transferL'�d �o another schoo ❑ Fees will be levied either in accordance with4fovemmem Code Section 53080 or Section 65970 prior to the issuance of building permits. ❑ Project is located entirely within the district and is eligible for service. ❑ The project is not located entirety within the district and a potential boundary issue may exist with the School district. FOR LEGISLATIVE ACTS (Rezones, General Plan Amendments, Specific Plans) ONLY: ❑ Pursuant to County Ordinance and the Public Facility Element of the General Plan, facilities to serve the project have been committed through a binding agreement satisfactory to the school district. ❑ A binding agreement has not yet been signed, but one will be required prior to legislative approval. ❑ No binding agreement is necessary. Authorized signature Printname: Sharon R. South Printtttie: Chief Financial Officer Phone: 944 -4300 ext. 161 On Completion of Section 2 by the district, applicant is to submit this form with application to the Zoning Counter at the Planning & Community Development Department, 505 S. Vulcan Ave., Encinitas, CA oauzc r�wsaa«.rsti At this time any project in this area will result in unmitigated school impacts ev ith payment of�statut?5y_ fees. We cannot guarantee the local school will have N MEN N..Jmm� B Projectaddress 5 Q 04,1A16fZ O L7 L1 &r l4 fFAi lv 9 2 o Z 4 t:arnwr vlunrip /u.rs,argm • 1 � Applicant's Signature�� T'`^ NAC�L E -fat CU' n/ wia-T ��am `���•� Address 13 S G) 1/C -)210 Dd L p2 d-A ef) -Rf3 l rr � 9 °p°-1 -7,5 5 - / 4 S 3 (On completion of above, present to the school district to complete section 2 below) SECTION 2. FACILITY AVAILABILITY TO BE COMPLETED BY DISTRICT n not to a nnrneo otsmct, rrmun -­- If gh school district must also fill out a District Name Encinitas Union Indicate the location and distance of proposed schools of attendance. Elementary' OPE miles: 3 -5 Junior/Middle, miles: High school miles' )M This project will result in theefhhoverc[rtowdlr of the �I ale ante junlor)mi le CI hI h school. (check all that apply) at a dancen �fSjecT ma tYe transferL'�d �o another schoo ❑ Fees will be levied either in accordance with4fovemmem Code Section 53080 or Section 65970 prior to the issuance of building permits. ❑ Project is located entirely within the district and is eligible for service. ❑ The project is not located entirety within the district and a potential boundary issue may exist with the School district. FOR LEGISLATIVE ACTS (Rezones, General Plan Amendments, Specific Plans) ONLY: ❑ Pursuant to County Ordinance and the Public Facility Element of the General Plan, facilities to serve the project have been committed through a binding agreement satisfactory to the school district. ❑ A binding agreement has not yet been signed, but one will be required prior to legislative approval. ❑ No binding agreement is necessary. Authorized signature Printname: Sharon R. South Printtttie: Chief Financial Officer Phone: 944 -4300 ext. 161 On Completion of Section 2 by the district, applicant is to submit this form with application to the Zoning Counter at the Planning & Community Development Department, 505 S. Vulcan Ave., Encinitas, CA oauzc r�wsaa«.rsti At this time any project in this area will result in unmitigated school impacts ev ith payment of�statut?5y_ fees. We cannot guarantee the local school will have PF30JECT FACILITY AVAILABILITY FORM - Ci Please type or use pen (Two forms are needed if protect is to be served by separate school districts) CHPI'S LLOYD X34 -5-n4 Owners Name Phone 25x1 Z Z-C NC Rd. Owner s Mailing Address Street E NG 1 TA 5 OT Encinitas SCHOOL ORG. ACCT ACT_ TASK ELEMENTARY HIGH SCHOOL Z o Z4 I DATE UNIFIED s(�-" I DISTRICT CASHIER'S USE ONLY SECTION 1. PROJECT DESCRIPTION TO BE COMPLETED BY APPLICANT A. LEGISLATIVE ACT Assessors Parcel Number(s) Rezone from _ zone density/intensity to zone density/intensity. (Add extra it necessary) General Plan Amendment Specific Plan '� // (O 2 4 ' O Tl Specific Plan Amendment B. DEVELOPMENT PROJECT Major Subdivision (TM) Misr Subdivision (TPM) Boundary Adjustment Major Use Permit (MUP), purpose: Time Extension... Case No. Expired Map... case No. C 3 Thomas Bros. Page _2_5 Grid Other 5 Projectaddress 5222E «5 o w N C -2 C. Residential .......Total number of dwelling units e.. Comm...... Gross floor area O Ll V C —N YA 1 tJ g z D Z 4 Industrial ial ..al .. Gross floor area Other ........... Gross floor area t.a,.r.+w Pwwq x,..rs,c,.po• D. Total Project acreage 3 ' 2 Total number of lots 5 t1i4a"3�1e _F Applicant's Signature Address \-5,5 *A �z�ic =F g2oo� �„a X53 -1453 (On completion of above, present to the school district to complete Section 2 below) SECTION 2. FACILITY AVAILABILITY TO, BE COMPLEItu tin utbttiluI District Name- San Dieguito Union High School District M not Ins unified district, which elementary or hla ncinitasstrlcn1onst LIemen Lary' U15 Indicate the location and distan of reposed sc"i f attendance. EI m miles' Junior/Middle: Jr. igYf miles: -z High school' �a ���milesr� Ix-1 This project will result in the overcrowding of the ❑ elementary p junior/middle ❑ high school. (check all that apply) Q Fees will be levied either In accordance with Government Code Section 53080 or Section 65970 prior to the issuance of building permits. Q Project is located entirely within the district and is eligible for service. ❑ The project is not located entirely within the district and a potential boundary issue may exist with the school district. FOR LEGISLATIVE ACTS (Rezones, General Plan Amendments, Specific Plans) ONLY: ❑ Pursuant to County Ordinance and the Public Facility Element of the General Plan, facilities to serve the project have been committed through a binding agreement satisfactory to the school district. • A binding agreement has not yet been signed, but one will be required prior to legislative approval. • No binding agreement is necessa �j nn/ /� May 7, 1997 Authorized signature: ("" - X{ Print name: Eric J. Hall Print title: Ass ""t' "r Superintendent Business Services Phone: (760) 753 -6491 On Completion of Section 2 by the district, applicant is to submit this form with application to the Zoning Counter at the Planning 6 Community Development Department, 505 S. Vulcan Ave., Encinitas, CA PRC7�IFC;T FACILITY AVAILABILITY FORM- CItV Of Encinitas SEWER Please type or use pen ORG `1 CHIME LCOYD 634-5-7-74 ACCT ACT Owners Name Pnone 26r7i "IYE L'IACIt R� TASK Owner's Mailing Address Sveet ^ CNCINlTA5 CA C7ZOZ.4 DATE AMTS DISTRICT CASHIER'S USE ONLY Cary State Zip SECTION 1. PROJECT DESCRIPTION TO BE COMPLETED BY APPLICANT Assessor's Parcel Number(s) A. Major Subdivision(TM) BCertificateof Comdiance: (Add extra if necessary) Minor Subdivision (TPM) Boundary Adjustment Specific Plan or Specific Plan Amendment / A �J / Y If a I I l0 4f L 1 Rezone (Reclassification) from to zone Major Use Permit (MUP), purpose: Time Extension... Case No. Expired Map... Case No. Other B. Residential ...Total number of dwelling units 5 Commercial ... Gross floor area Z S E 3 Industrial ..... Gross floor area Thomas Bros. Page Grid Other........ Gross floor area �oQTy,y G —Np C. Total Project acreage /3.2 Total number of lots 5 Project address G/3 i,T& r Z6HR/T7A Y. w. 0L NA /N D. Is the project proposing its own wastewater treatment plant? ❑ zir Is the project proposing the use of reclaimed water? ❑ 0 Comm. Advisory Board Area Owner /Applicant agrees to pay all necessary construction costs and dedicate al: district required easements to extend service to the project. OWNER/APPLICANT MUST COMPLETE ALL COND17IONS REQUIRED BY THE DISTRICT. -:::q— T /M NnGLC F012 &A/1AIRY 41 1" 45--oc 2)IC Date: Wf 7 Applicant's Signature: 3 S L/V,,rkoOa, IJQ "04 ePRDIFF eA 9ZOa-7 Phone: 753 — I4 S 3 Address: (On completion of above, present to the sewer district to establish facility availability. Section 2 below) SECTION 2. FACILITY AVAILABILITY AVAILABILIIT.Y TO BE BY DISTRICT }COMPLETED _�� l� C J Cam' District name /�%Tt�f1 Itr I V 1) lC I Service area 11 4 A. ❑0 Project is in the district. FTt_I Project is not in the district but is within its Sphere of Influence boundary, owner must apply for annexation. '— Project is not in the distri7 and is not within ks Sphere o1 Influence bounday. ❑ The project is not located entirely within the district and a potential boundary issue exists with the District. B.❑ Facilities to serve the project 52ARE ❑ARE NOT reasonably expected to be available within the next 5 years based on the capital facility plans of the district. Explain in space below -er�on atached Number of sheets at(ached: I Ev 1''t— = "mil U t FF ❑ Project will not be served for the following reason(s): —rr J EtZU C� 1 C.❑ District conditions are attached. Number of sheets attached: ❑ District has specific water reclamation conditions which are attached. Number of sheets attached: 3 District will submit conditions at a later date. D.❑ How far will the pipeline(s) have to be extended to serve the project? Date: i- t—I i"1 �C:`t. expiration date: (One year from dare ofissuance unless district indicates otherwise) Authorized sia_nature' GG` Print name: Print title: — 1= �T�. `— T N' Phone: �� NOTE: THIS DOCUMENT IS NOT A COMMITMENT OF FACILITIES OR SERVICE BY THE DISTRICT. On completion of Section 2 by the district, applicant is to ^ubmit this form with application to the Zoning Counter at the Planning & X11 DPU2C,3Nsla.vd91l Community Development, 521 Encinitas, C:A JZUZ4 to1�17`ty -JVVV. PROJECT FACILITY AVAILABILITY FORM - City Of Encinitas WATER Please type or use pen ORG C1-1R 1 5 LLOYD (034 - 5774 ACCT Owner's Name Phone 2 5 7 2 4�n/E L 14C-K RD ACT TASK Owner's Mailing Address Street `gcll\1r-545 G:-, 97024 DATE AMTS DISTRICT CASHIER'S USE ONLY City State Zip SECTION 1. PROJECT DESCRIPTION TO BE COMPLETED BY APPLICANT Assessor's Parcel Number(s) A. Major Subdivision (TM) M Specific Plan or Specific Plan Amendment (Add extra if necessary) Minor Subdivision (TPM) LJ Certificate of Compliance: Boundary Adjustment 2 4 Z, 4 I 0 Rezone (Reclassification) from to -zone. Major Use Permit (MUP), purpose: Time Extension... Case No. Exarec War) --- Case No- I Other B.)�t Residenual....... Total numberot dwelling units -� '(e�l Commercial ...... Gross floor area Industrial ........ Gross floor area Thomas Bros. Page ZS Grid C 3 Other ........... Gross floor area L NV lZ 7T/ C--^J,0 C I JR126i}'el -I A /3Z- C. Total Project acreage Total number of lots pro ect address Street D. Is the project proposing the use of groundwater? ❑ Yes &go ��l L/G- N�R�iN 9%o Z4 Is the project proposing the use of reclaimed water? 0 Yeso No Community Planning Area/Subregion Zip Owner /Applicant agrees to pay all necessary construction costs, dedicate all district reouired easements to extend service to the project and COMPLETE ALL CONDITIONS REQUIRED BY THE _"DISTRICT. <`% �%�G(.G �2 &erjk �J f�/- 50C �e 514 97 Applicant's Signature: /M I3 S �iIUC'%�l'0mL Of 'dA %I2%O/�- CIn 'iZ007 %C✓3-��% S 3 Address: Phone: (On completion of above, present to the water district to establish facility availability, Section 2 below) SECTION 2. FACILITY AVAILABILITY TO BE COMPLETED BY DISTRICT District nnaam Service area A.E. ro)ect is in the district. ❑ Project is not in the district but is within its Sphere of Influence boundary, owner must apply for annexation. Project is not in the district and is not within Its Sphere of Influence boundary. ❑ �;Ke project is not located entirely within the district and a potential boundary Issue exists with the District.. B.rLF7✓Faciidies to serve the project RE ❑ ARE NOT reasonably expected to be available within the next 5 years based on the capital facility plans of the district. Explain in space below or on attached —. (Number of sheets) ❑ Project will not be served for the following reason(s): C.❑ District conditions are attached. Number of sheets attached* Q yif�trict has specific water reclamation conditions which are attached. Number of sheets eitached: nct will submit conditions at a later date. / Ct D. How far will the pipeline(s) have to be extended to serve the project? �D Dale: p� t o ate: ��A 9g (One year from date of issuance uniee di�stnct indicates otherwise.) /mss / Yl� "� ` Authorized signature: Print name!'� 75 Printtitle: r Phone: NOTE: THIS DOCUMENT IS NOT A COMMITMENT OF SERVICE OR FACILITIES BY THE DISTRICT. On completion of Section 2 by the district, applicant is to submit this form with application to the Zoning Counter at the Planning & Community Development Deot., 505 S. Vulcan Ave. EnCinitaq, CA 92024 wu]99w(e.� 121911 PROJE -CT FACILITY AVAILABILITY FORM FIRE Please type or use pen C14RI 5 Leo- -D l 7 34- 574 ERG ACCT nvnersn am. e phcre Z 5 r1 Z L cN,5 .-/AC/l I -RD ACT TASK Owner's matiing address Street p C -N GIN /77--5 C-4 /ZOZ.4- AMTS CATE City State Zip OIST RfCT CASHIER'S USE ONLY SECTION t.; PROJECT DESCRIPTION TO BE COMPLETED BY APPLICANT Assessor's Parcel Nurrber(s) A., Major Subdivision (TM) I9Specific Plan Amendment (Add extra if necessary) '�j j,_�Boundary Minor Subdivision (TPM) ayAdlus5cedtic Adjus -ent Certificate of Compliance, purpose: - 2O 147 Z A 1 O ' Major Use Permit (MUP), purpose: Y j Rezone (Reclassification) Iron :o zone Time Extension... Case No. Expired Map....... Case No. Other 5 I I I I t B. esicantial ......... Total numcerotdwelling units omm..ercial.......Gross Hoar area Thomas Bros. Page Z 5 -rid E 3 T dus:r,al............Gross Hoararea ther ..................Gross floor area Projectaddress G7�LLG h1A26ARlikt I C. Total Proiec ; acreage /3-Z 7otallo[s 5 Smalestproposedlot Z 1 Ae- �LIV[= N / n! 9Z0 Z4- Camnxmiry Pion � .v�v5uasgan � ;p OWNER /APPLICANT AGREES TO COMPLETE AL_ CONDITIONS RECUIRED BY THE CISTRICT. Applicant'ssicnature: C';—/M nJA6LF- ro)e e4)NLV1r!1f , ,455oc -ZLk- Cate: Address: /35 LIVL ,0001- QZ #,4 ,gRC1r -F gZO07 Phone: 753 -1453 (On completion of above, present to the district that provides fire protection to comciete Section 2 and 3 celcw) SECTION 2. "FACILITY_ AVAILABILITY - TO 3E COMPLETE-- BY DISTRICT District Nara: C,-Oj C lr -"a.5 t• e p Indicate the Iccjation and distance of the prim I lira station that will serve the proposed prc!ect: = �� { S /a �, I \) � l 1aac -- Y L 1.� L 1,� A. fvF Prolec; Is In the District anc a glole for service. Prpjec is not in District but i ' within its Sphere of Influence boundary, owner must acply for annexation,. Project is not in the Disinc and not within the Cistrict's Sphere of Influence. Project is not located ant'.eiy within the Distr:c: and a potential boundary issue exists Nith the District. B. Based on the capacity anc oaoabil ty of the CLSWCt's existing and planned facilities, fire protection facilities are currently adequate or will be adequate to serve the prccosed project. The expected emergency travel time to the crcposed project is minutes. ' protection facilities are not expected to ba adequate to serve the proposed deve!ccment within the next five years. C.qFire District conditions are attached. The number of sheets attached: Distric: will submit conditions at a later date, SECTION 3. FUELBREAK RECUIREMENTS Note: The fuelbreak requirements prescribed by the fire district for the proposed.project do not authorize any clearing prior to project approval by the Oepartment of Planning and Land Use. Within the proposed project_ feet of clearing will be required around all structures. j� The proposed project is located in a hazardous wildland fire area, and additional fueibreak requirements may apply. Environmental mitigation requirements should be coordinated with the fire district to ensure that these requirements will not pose fire hazards. Q Dale: ' `��-� .J� Exciratien date: / (One year from date otiss:: ,ca unless district incicares otherwise) AWMr¢�Q,ynYw� On ccmoledon of Section 2 and 3 by the Oistnct, applicant is to submit this form with application to: ENCINITAS FIRE PROTECT --CN DISTRICT, =ire Prev. Bureau, 505 S. Vulcan, Encj,n: (619) 633 -2820 92U24 as i�S - Clf LLo jO vl ou LID LIIr-e to Y1nEtT- [.J/ u5 7-0 p(SCAk LE-ITCe F6' , dry ni o-R fi c� o,a . *P E L L — July 3, 1997 R.E. McAndrews 3556 Copper Crest Road Olivenhain, Ca. 92024 City of Encinitas Development Department Planning Division 505 So. Vulcan Avenue Encinitas, Ca. 92024 Attn: Craig Olson RE: Case Numbe 97 -100 TM /ElA The northern boundary of the property known as APN 264 - 241 -07 encroaches on my property know as APN 264 - 223 -17. See attached sketch per Thomas Engineering prepared for Mrs M. Lloyd. The encroachment varies from 2' to as much as 101. It is my request that this problem be resolved prior to any approval of a Tentative Map as requested by Cris Lloyd. Before Mrs. Lloyd passed away, she indicated that prior to the property being sold or developed the encroachment would be eliminated and the pool heater and fence would be moved to the proper property line. Respectfully submitted, R.E. McAndrews 756 -2942 Note: On March 13, 1984, First American Title Insurance Company confirmed the fact that there was an encroachment on to my property. MI6, C27i 31 PLAT OF SURVEY OF THE NORTH LINE OF LOT /6,RAIVCHO LAS ENCINIMS, COUNTYOF SANDI£60� MMORN /A NO SCALE N. B6 °47'/9 "E. 299/.IS &iU 6- COAIC. MW i • R _WOOD FENCE. - OLD_ BARB WIRE �reNC- �X6f ~ RICA LYPTU5I X LEGEND • I INDICATES FOUN. O INDICATES SETA PREPARED FOR: MRS. M. LLOYD 756 -1665 Fd 6." CONC. M0N• 08PER R.Of 5. 2545) '� _ \SEE DET471 BELOW -/0' Ix —x —,x = w� w� POOL D %z "IRON P/N %" /RONPIPE P00L=f7EATER Z 0 0 0 I %DENT /CAL PREPARED BY•' MMUS ENGINEEMNG .P.O. BOX 1204 R4,NONA 7B9 -2238 f� NO SCALE N. B6 °47'/9 "E. 299/.IS &iU 6- COAIC. MW i • R _WOOD FENCE. - OLD_ BARB WIRE �reNC- �X6f ~ RICA LYPTU5I X LEGEND • I INDICATES FOUN. O INDICATES SETA PREPARED FOR: MRS. M. LLOYD 756 -1665 Fd 6." CONC. M0N• 08PER R.Of 5. 2545) '� _ \SEE DET471 BELOW -/0' Ix —x —,x = w� w� POOL D %z "IRON P/N %" /RONPIPE P00L=f7EATER Z 0 0 0 I %DENT /CAL PREPARED BY•' MMUS ENGINEEMNG .P.O. BOX 1204 R4,NONA 7B9 -2238 ffiylt! "9lllll! Recording requested by When Recorded Mail To District Clerk Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 OCC ` 1998- 02200557 APR 09 . 1998 2 - 4t, Phi OFFICIAL RECORDS SAN DIEGO COUWY RECORDER'S OFFICE GREGORY T. SMITH, COUNTY RECORDER 732 FEES: 53.00 S r SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 264 - 241 -07 Project No.: TM 97 -100 W. 0. No.: 5259 FM A. CHRISTOPHER S. LLOYD, a married man and GREGORY CLEARY, a married man ( "SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TM 97 -100 hereinafter) and which is described as follows: ( "PROPERTY" See Exhibit A which is attached hereto and made a part hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval subject to certain conditions requiring the construction of 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 improvement plans for the required improvements by the Cardiff Sanitation District ( "DISTRICT" hereinafter), SUBDIVIDER hereby TF /03/COV2- 308wp51 1(4/26/91 -1) 10e15a 1 JAN 90 �p�o2ooaee Recording requested by: ) When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) DOC v 1998 - 0280558 APR 09- 1998 2 =46 PM OFFICIAL RECORDS SAN DIEGO COITrITY RECORDER'S OFFICE 748 GREGORY J. SMITH', CIGLKTY RECORDER FEES: 74. N SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 264 - 241 -07 Project No.: TM 97 -100 W.O. No.: 5259 -G A. Christopher S. Lloyd and Gregory Cleary ( "SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TM 97 -100 ( "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 10e15a.BAK 03 -05 -98 RECORDING REQUESTED BY: ) DISTRICT ENGINEER ) WHEN RECORDED MAIL TO: ) CLERK OF THE BOARD ) CARDIFF SANITATION DISTRICT ) 505 SOUTH VULCANA VENUE ) ENCINITAS CA, 92024 ) THE miGINAL IF THIS DOCROT 0 RECORDED ON OCT 22, 1999 DOg1ENT KW 1999 -OM199 GIEMiO<t1' J. SNITH, CORM RECO<tDER SAN DIEGO COl11TP MOM'S OFFICE TIME: B:09 AN RELEASE OF COVENANTS REGARDING REAL PROPERTY: PUBLIC SEWER IMPROVEMENTS REQUIRED IN CONSIDERATION OF FINAL APPROVAL OF CERTAIN RELATED SUBDIVISIONS Assessor's Parpel No: Case #: various 264 - 240 -02.03 Drawing #: various Permit #: various DCS Work Order #: various DCS Christopher S. Lloyd, in all, and Gregory Cleary, in part, subdividers, having entered into covenants for the benefit of the Cardiff Sanitation District ( "DISTRICT" hereinafter) which were recorded with the County Recorder of San Diego County, all as follows: Document Date Description Case Drawine 1991- 201875 05/02/91 annexations ... 87- 041TM, 92- 035TPM, 92- 212TPM, 93- 029TM, 93- 053TPM,VJ' -400M— 97- 201TPM, 97 -219TM main, laterals, appurtenances 92 -035 TPM CS -146 1994- 655404 11/10/94 main, laterals, appurtenances 93 -053 TPM CS -169 1996 - 207398 04/25/96 main, laterals, appurtenances 93 -029 TM CS -202, and DISTRICT having determined that the obligations as set forth in said covenants have been fully and satisfactorily completed, DISTRICT hereby releases said covenants. Dated 1-2O-gl A DA/jsg/re1Lloyd2.doc l CITY OF ENCINITAS by Alan D. Archibald, P.E. Director of Engineering Services (Notarization required) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of On before me, r1 UV 1 DW 410 4r and Tlb W 011lew Is.g, •.Ww Da. laolua wEK) personalty appeared (personalty known tome –OR – ❑ proved tome on the basis of bsfactory evidence to be the person(s) whose nae(sre subscribed to the within instrument m and acknowledged to me that t�elthey executed the e 1 hI! rttheir authorized capacity(ies), and that by instrument OFFICIAL SEA _ r/their signature(s) on the the person(s), RANDA G. L OUR NOTARY PUBLIC - COC ALI FORNIA a person (s) the entity upon behalf of which the persos) acted, COMM. NO. 1204250 executed the instrument ' SAN DIEGO COUNTY My COMM. EXP. .. .2003 WITNESS my hand and official seal. 9v.11.. A wet OPTIONAL ITdgh do nrormatlon below n nor reWred bylaw, A may prove vak abre b persare refyioy on ep d *uwiwW era Loud prevenr haudu eM remoral and marradvnenl of rMa romr b enodw abctonmt Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: RIGHT THUMBPRAT, OF SIGNER Number of Pages: Signer's Name: O Individual L] Corporate Officer Titte(s): ❑ Partner —❑ Limited ❑ General ❑ Attomey -in -Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RIGHT THU41ePRINT OF SIGNER 0 1994 Naponal NOUI Aneo0,01 • 92M Remmel A,e PO Box 7 1 8 4 • Cano9a Px 4 C A I I n9 7184 P,oa No 53D7 kxo er Ca TYI FBe I Bop 076 .68 7 RECORDING REQUESTED BY: ) CITYENGINEER ) WHEN RECORDED MAIL TO: ) CITY CLERK ) CITY OF ENCINITAS ) 505 SOUTH VULCAN AVENUE ) ENCINITAS CA, 92024 ) THE ..JINAL OF THIS DOCUMENT W6 RECORDED ON OCT 22, 1994 DOCUMENT HIM 1993- 0'709198 GREGORY J. SMITH, MINTY RECORDER SAN DIEGO COINTY RECORDER'S OFFICE TIME: 8:09 AN RELEASE OF COVENANTS REGARDING REAL PROPERTY: VARIOUS IMPROVEMENTS REQUIRED IN CONSIDERATION OF FINAL APPROVAL OF CERTAIN RELATED SUBDIVISIONS Assessor's Parcel No: 264- 240 -02.03 Case #: various Drawing #: various Permit #: various Work Order # :fee Christopher S. Lloyd, in all, and Gregory Cleary, in part, subdividers, having entered into covenants for the benefit of the City of Encinitas ("CITY" hereinafter) which were recorded with the County Recorder of San Diego County, all as follows: Document Date Improvements Case Drawine 1991 - 201873 05/02/91 private road and drainage 87 -041 TM 8352 -G 1991 - 201874 05/02/91 public road and drainage 87 -041 TM 8352 -R 1991- 201877 05/02191 public trail 87 -041 TM 3513 -I 1994- 136480 03/01/94 public trail 87 -041 TM 3513 -I 1994 - 655403 11/10/94 deferred monuments 93 -053 TPM PM 17446 1994 - 655405 11/10/94 private road and drainage 93 -053 TPM 3706 -G 1998 - 200558 04/09/98 private road P 1,'=V-G, '? - ... and CITY having determined that the obligations as set forth in said covenants have been fully and satisfactorily completed, CITY hereby releases said covenants. Dated `'Z0 `ql ADA/jsg/re1L1oyd.doc 1 CITY OF ENCINITAS by LLJJJ Alan D. Archibald, P.E. Director of Engineering Services (Notarization required) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of `�G)'e «c2- County of X «1 9�GQC On Q C, r r before me, fiL'+�N ty . /{IILLa7ZL K' 1 6t'`/ P(' xiCl� _ 09" w l ` ff wdTl. ll d Odor hs.'ar.0a.. NeWr r1ih7 personalty appeared 9"A/ a Sf!�l7N11 K3tV i D Qersonaly known to me – OR –0 prove OFFICIAL SEAL RANDA G. MILLJOUR NOTARY PUBLIC - CALIFORNIA COMM. NO. 1204250 SAN DIEGO COUNTY MY COMM. EXP. JAN. 6, 2003 d to me on the basis of s"sfactory evidence to be the person(s) K`i whose name(ssjare subscribed to the within instrument and ackngwWged to me tha(lriialihe/ they executed the rIl9 i IsAmrAheir authorized capacity(ies), and that by his )erftheir signature(s) on the instrument the person(s), 6r the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. !A -,)-I.L - &,. ay.rerwrr — OPTIONAL Thmo Rti mkmi;aldon Dalow is not requ.ed by law, It may pow vakmbrt b par"m rg"V on ew d0CUff W and cae/d pm o 6audWw* rwnovffi and reanacilmeM of Ihm fuwm to worhw dacurrwt Description of Attached Document Title or Type of Document: Document Date: Signar(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual O Corporate Officer Tlle(s): Partner — O Limited ❑ General Atlomey -in -Fact Trustee • Guardian or Conservator • Other. Signer Is Representing: RIGHT THUM1iBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual • Corporate Officer Title(s): • Partner — ❑ Limited El ❑ General Attomey -in -Fad Trustee Guardian or Conservator Other _ Signer Is Representing RIGHT THU6Tp....T OF SIGNER 0 1994 Nabm V Nogq As%a &Iwn . 3236 RvP el A,, PO Ro. 7194 . Cy qa PaA CAI I VI ] IU plo No 5907 Rem er CL rNI Fea 1 800 4 76 5d i v SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER DOC WS 199H"00557 TO 1998- 00560 APR 09, 1998 21:46 PM RECORDING: 74.00 ADD'L RECORDING: 58.00 MICROGRAPHICS: 4.00 TRIAL COURT: 54.00 CONF. ROPY: 4.00 TOTAL DOE: 194.00 OTAL TENDERED: _194_00 TL AGINAL OF THIS DOCIMENT RECORDED ON APR 09, 19%_ DOI eff 4MBER ,19W -r, &0 GRtGORP J. SMITH, CW REORDER Recording Requested By: ) SAN DIEGO COUNTY RECORDER'S OFFICE > TIME: 2:46 PM When Recorded, Mail To: ) Christopher Lloyd ) 2572 Lone Jack Road ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECCRDER'S USE PRIVATE ROAD MAINTENANCE AGREEMENT FOR CALLE MARGARITA (Northerly Terminus) Assessor's Parcel No. 04- 241 -07 Project No.: TM 97 -100 W.O. No.:5259 G 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 Exhibit A attached hereto and made a part hereof, is entered into by CHRISTOPHER S. LLOYD,a married man and GREGORY CLEARY,a married man (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; and, CT /hz /BC2- 110wp51 (08/11/94 -1) 1 WHEREAS, Developer is the owner of certain real property being subdivided and developed as 5 Lots that will use and enjoy the benefit of said road easement. A complete legal description of said real property is attached, labeled Exhibit B, 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 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 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 benefited by this Agreement, and present and successive lot owners of all or any portion of the property are expressly bound hereby for the benefit of the land. 2. The cost and expense of maintaining the private road easement shall be divided equally among the subdivided parcels CT /hz /BC2- 110wp51 (08/11/94 -1) 2 created in the subdivision and paid by the lot owner or the heirs, assigns and successors in interest of 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 related drainage facilities to permit all- weather access. 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 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 CT /hz /BC2-110wp51 (08/11/94 -1) 3 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 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 nhe extraordinary repair. The repair shall be such as to restore the road easement 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 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 CT /hz /BC2- 110wp51 (08/11/94 -1) 4 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 he 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 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 CT /hz /BC2-110wp51 (08/11/94 -1) 5 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 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. 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 acknowledgment 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. CT /hz /BC2- 110wp51 (08/11/94 -1) 6 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 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 CT /hz /sC2- 110wp51 (08/11/94 -1) 7 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 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 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, CT /hz /BC2- 110wn51 (08/11/94 -1) 8 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 the Declaration. IN WITNESS WHEREOF, the parties have executed this Agreement on the a day of , 191?E- Developer: 4 Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. CT /hz /BC2- 110wp51 (08/11/94 -1) 9 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) On January 27, 1998, before me, Leona V. Kauflin, Notary Public, appeared Christopher S. Lloyd, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ♦MGM NM��MNNM� . -••. Leona V. Kauflin Comm. # 101412! n NOTAWMEILICCN.IFOR':b • SAN DIEGO COUNTY H�.ycDlm UP Nov, 3, 1998 Leona V. Kauflin, Notary Public ........................ G: \PL- 95\ACK -LLOY CALIFORNIA ALL•PURPA ACKNOWLEDGMENT State of C4L 1F0/[N1A County of SAN Dt6[,0 On /' 3() - 98 before me, illEN7 S7?W ZY"P?A/, NOr,4Ky �u6c/e Dale �t Name antl Tille of Officer (e.g., -Jana Doe. Notary Public ") personally appeared G/ee & C LER Name(s) of Signers) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(X) whose name(() Wave subscribed to the within instrument and acknowledged to me that he /SiQB /t%y executed the same in his /tV /their authorized capacity(i4), and that by his /tgr /tff4ir signatureA on the instrument the personl?&4, wENCr ST, JZMAN or the entity upon behalf of which the personop acted, r COmmissior. 1158087 executed the instrument. Notary P{ o;c - Carfornia G San Diegc County Mvcor,m - r-e<,Or,y, ppi 11, WITNESS my hand and official seal. I , $ignelure of Nolof Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Pit -1yok QOOOt 1(h(L'1r��Cha r,c� {�ftGTY1Cn� Document Date: S' 11 - C1 `-i Number of Pages: O Signer(s) Other Than Named Above: C ins-tj)Vw_* Ll ot� Capacity(ies) Claimed by Signer(s) Signer's Name: GYT LI ❑ ❑ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRMT OF SIGNER Signer's Name: C Individual Corporate Officer Title(s): Partner — Limited General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THU"'BPRINT OF SIGNER S 0 1985 National Notary Ancidabon • 8236 Ravnet Ave., P.O. Biu T18a • Caropa Pefk, CA 91309-7184 Prod. N6. 5807 R. 1.. Call TON-FM 1d004764W EXHIBIT A TO PRIVATE ROAD MAINTENANCE AGREEMENT PROJECT No. TM 97 -100 PRIVATE ROAD EASEMENT DESCRIPTION An easement for private road purposes across Remainder Parcel of Parcel Map No. 17446, in the City of Encinitas, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on November 14, 1994 as File No. 1994 - 0657653 of Official Records, described as follows: Commencing at a point on the North boundary of Parcel 1 of said Parcel Map No. 17446; whence the northeast corner of said Parcel 1 bears North 79° 04' 00" East 16.00 feet (North 780 30' 00" East 16.00 feet per said Parcel Map No. 17446); thence North 10° 58' 08" West 9.99 feet (North 110 30' 00 West 10.00 feet per said Parcel Map No. 17446), to the northwest corner of the proposed private road easement shown on said Parcel Map No. 17446, the Point Of Beginning; thence North 10° 58' 08" West 145.82 feet, to the beginning of a tangent 100.00 foot radius curve, concave southwesterly, thence northerly along said tangent curve through a counter - clockwise central angle of 36° 20' 10 ", a distance of 63.42 feet; to the beginning of a tangent 44.00 foot radius curve, concave southerly, thence northerly then southerly along said tangent curve through a clockwise central angle of 252° 40' 20 ", a distance of 194.03 feet; to the beginning of a tangent 100.00 foot radius curve, concave southeasterly, thence southerly along said tangent curve through a counter - clockwise central angle of 360 20' 10 ", a distance of 63.42 feet; thence South 10° 58' 08" East 159.68 feet; thence South 790 01' 52" West 32.00 feet; to the Point Of Beginning. END EASEMENT DESCRIPTION EXHIBIT B TO PRIVATE ROAD MAINTENANCE AGREEMENT PROJECT No. TM 97 -100 PROPERTY DESCRIPTION Remainder Parcel of Parcel Map 17446, in the City of Encinitas, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on November 14, 1994 as File No. 1994- 0657653 of Official Records. END PROPERTY DESCRIPTION TIR - .,iGINk OF THIS DDDM)T WAS RECORDED *-APR 09.29c� DOCUMENT NUnEE1'i9B 020 5`3 GREGORY J. SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 2:46 PM When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE Assessor's Parcel Number: 264- 241 -07 COVENANT REGARDING REAL PROPERTY Project No. TM 97 -100 A. CHRISTOPHER S. LLOYD, a married man and GREGORY CLEARY, a married man ( "OWNER" hereinafter) is the owner of real property which is commonly known as TM 97- 100 ( "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 Pereal 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 parry is required to incurs costs to enforce the provisions of this Covenant, the prevailing parry shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. F. Failure of the OWNER to comply with the terns of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. cov5734 bak 12 -30 -97 G. Upon OWNERS satisfaction of OWNER's duties and obligations contained herein, OWNER may request and CITY shall execute a "Satisfaction of Covenant ". H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: Dated 1 `► q Dated (Notarization of OWNER signature is attached) ATTACH NOTARY HERE CITY OF ENCINITAS Dated ✓Y) (Notarization not required) _cv5734 bak 12 -30 -97 by Bill Weedman, City Planner STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) On January 27, 1998, before me, Leona V. Kauflin, Notary Public, appeared Christopher S. Lloyd, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Leona V. Kauflin Comm.01D44127 'w rarwrwe��crK�orea� Y SM1 DIEGO COUNTY Leona V. Kauflin, Notary Publi Mr cant END Nov. 3.199E N G:1PL- 951ACK -LLOY CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of 1-11r:012-0 iA Sp,o Dle&o On l - 30- c►8 before me, ( of-- CPI { STL�TZtn A rJ NOTAi2t7 I tt Cate Name ana Tile of officer 19 a..'Jam Coe. Nolan Paobc-) personally appeared Gn C I - Namelsl of Slgmrlsl Kpersonally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by WENCY SiJRIkUN his /her /their signature(s) on the instrument the person(s), Commission 1a ttsgp87 4 or the entity upon behalf of which the person(s) acted, Calromlo executed the instrument, notary PUDIC son Jlegc cOuun 9. ' MYCornrn ._xC�re`- WITNESS my hand and official seal. Signature of 561.ry Pubhc OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: COVC r) Lnt Q.P_yLrd /nq ' eoJ Qir-Optrftq Document Date: 12- 30 -Q-7 Number of Pages: 5 Signer(s) Other Than Named Above: C Ari3h?p tar S • LLOCId Capacity(ies) Claimed by Signer(s) Signer's Name: ny r -9 C teary ig- Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited C General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of 1r,,mo ner= Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — - Limited - General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: roo o! tnumc nere Signer Is Representing: m t 995 National Notary Aataa,aban • 9278 Rommet Ave., P.O Box 7184 • Canoga Park. CA 91709.7184 Pma No, 5007 Reamer. Call Tdl -Free 1400.978-M7 ATTACHMENT "A" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. TM 97 -100 PROPERTY DESCRIPTION Remainder Parcel of Parcel Map 17446, in the City of Encinitas, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on November 14, 1994 as File No. 1994- 0657653 of Official Records. cov5734 bak 12 -30 -97 ATTACHMENT "B" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. TM 97 -100 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 paid prior to Final Occupancy approval. B. In accordance with the Municipal Code Chapter 23.94 in effect at time of fees being paid, traffic fees for the development shall be paid prior to Final Occupancy approval. C. In accordance with the Municipal Code Chapter 23.96 in effect at time of fees being paid, flood control fees shall be assessed and collected during the building permit processing prior to the construction of any impervious surfaces. cov5734 bak 12 -30 -97 TH :GINk OF THIS DOCUMENk_ WAS RECORDED 4tWRZ19r 19% DOCUNENT MI MrI998- m05<,8 GREGORY J. SMITH, COUNTY RECORDER Recording requested by: ) SAM DIEGO COUNTY RECDitDER'S OFFICE TIME: 2:46 PM When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: 110ROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 264 - 241 -07 Project No.: TM 97 -100 W.O. No.: 5259 -G A. Christopher S. Lloyd and Gregory Cleary ( "SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TM 97 -100 ( "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 10e15a.BAH 03 -05 -98 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. 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. 10e15a.BAK 03 -05 -98 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.BAK 03 -05 -98 ACCEPTED AND AGREED. Dated 3-19-s? Dated S S SUBDIVIDER (Notarization of SUBDIVIDER signature is attached.) Q CITY OF ENCINITAS IIll Dated T I q6 by )L�t) bi Jen"— Alan D. Archibald, Director of Engineering Services (Notarization not required) 10e15a.BAK �3 -05 -98 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) On March 19, 1998, before me, Leona V. Kauflin, Notary Public, appeared Christopher S. Lloyd, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Leona V. Kauflin �{ corm. # 1044127 a g -aj NOTARY PUBLICL'ALIFORNIA U $ANOTGOCOUNTY MY CoBVa E.p Nw, 3,1998 G V L- 95�ACKLLOY3 WITNESS my hand and official seal. ii SM, CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALItOtetUjA County of On Mill A& lil before me, L�JENOy STUT?_InAl J NOiARy ?416, JC, Date Name and Title of Officer to g.. -Jane Doe. Notary Publ 'I personally appeared 4'ecccRU CLefyy , Nameis) of sigmra) D4personally known to me - OR - proved to me on the basis of satisfactory evidence to be the personoQ whose name( is /ar8 subscribed to the within instrument and acknowledged to me that he /W.Q /tWy executed the same in his /hor /thdir authorized capacity(ildi), and that by hisib& /thdir signature(b) on the instrument the persona, WENDY STUTZMAN or the entity upon behalf of which the person(` acted, �R'� 0 t 158MI executed the instrument. rl wotay Peak - cot omla t. SOn Diego County My Comm. F�gilrM Oct 9,20011 WITNESS ,myhand and official seal. - Signature Notary Public OPTIONAL Though the information below is not required by law. rt may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document !J Title or Type of Document: COJe✓!an t Qegal�ny Recd QroPe+ 1z/ Document Date: 3-5- 98 Number of Pages: 721 Signer(s) Other Than Named Above: CH.rfsfGpha. s. UO 0(_ Capacity(ies) Claimed by Signer(s) Signer's Name: hr� rt ❑ Individual ❑ Corporate Officer ❑ Title(s): Partner — Limited - General Attorney -in -Fact Trustee Guardian or Conservator lL Other: Signer Is Representing: himself_ RIGHT THUMBPRINT OF SIGNER Signer's Name: El El ❑ El ❑ Individual Corporate Officer Title(s): Partner — Limited - General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGtrr THUMBPRINT OF SIGNER 0 1995 National Notary Asaocltlbn • 8235 Remmet Ave.. PO. Boa 7184 • Canoga Park, CA 913094184 Prod. Nc 5907 Radial Cell Toll-Fraa 1600- 8766827 ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TM 97 -100 PROPERTY DESCRIPTION Remainder Parcel of Parcel Map 17446, in the City of Encinitas, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on November 14, 1994 as File No. 1994- 0657653 of Official Records. END PROPERTY DESCRIPTION 10e15a.BAK 03 -05 -98 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TM 97 -100 SUBDIVIDER'S DUTIES AND OBLIGATIONS Name of SUBDIVIDER: Christopher G_ Lloyd & Gregory Cleary Tract or Parcel Map Number TM 97 -100 Name of Subdivision: Double L Ranch Resolution of Approval Number: PC -97 -49 Adopted: 7 -24 -97 Estimated total cost of improvements: $36,600 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: Improvement plans for Calle Margarita sheets 1 through 4 dated 2 -2-98 and prepared by Conway & Associates Inc. 10e15a.BAK C3 -05 -98 , as approved on 3 24 •`)b by the City Engineer together with any subsequent amendments approved in writing by the City Engineer; on file with CITY in the Department of Public Works and incorporated herein as though fully set forth at length. 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: 10e15a.BAK 03 -05 -98 (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 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. 10e15a.BAK 03 -05 -98 (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 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 10e15a.BAK 03 -05 -98 required by this Covenant not later than 7- ! — ZcGG and shall complete the improvements no later than 4 -1' Z Col 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 SURD =VI --ER 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 'cy the City Engineer. 2.2 If any of the public improvements are to be ccns�ructed or installed on land not owned by SUBDIVIDER, no cons= =.:_t'_on or installation shall be commenced prior to the acquisition and acceptance by CITY of appropriate property interests. SUBDIVIDER 10elca.EM '3 -05 -98 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 10e15a.BAK 03 -05 -96 construction of the improvements, and shall protect the public from such dangers. 3.0 INSPECTION /ACCEPTANCE OF nWROVEMENTS 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 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. 3.9 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, 10e15a.BAK 03 -05 -98 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 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 10e15a.BAK 03 -05 -98 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 150% 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. SUBD= :'IDER shall furnish to CITY good and sufficient security, _n r--- form of a cash deposit, letter of credit or other security as approved by the City Engineer, in the amount of 25% of the estimated total cost of the public improvements, to secure SUBDIVIDER's guarantee ?Oe:Sa.BAK 03 -05 -98 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 10e15a.BAK 03 -05 -98 property belonging to oUBDIVIDER as may be on the site of the work and necessary therefore. 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 HAMUMS 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. 10e15a.BAK 03 -05 -98 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 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 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 10e15a.BAK 03 -05 -5: 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 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 auring the life of this COVENANT and shall not be canceled, terminated, or allowed to 10e15a.BAK 03 -05 -98 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. B.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 "-ehal_` is: City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92224 and the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: 10.0 SUBDIVIDER'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 10e15a.BAK 53 -05 -98 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.BAK Recording requested by When Recorded Mail To District Clerk Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 THE -AINAE I1F,-THIS s WAS RECORDED -H W09, 199B DOCUMENT NUMBER 1998-0200557 GREGORY J. SMITH, CUM RECO(tDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 2:46 PM SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 264 - 241 -07 Project No.: TM 97 -100 W. 0. No.: 5259 FM A. CHRISTOPHER S. LLOYD, a married man and GREGORY CLEARY, a married man ( "SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TM 97 -100 ( "PROPERTY" hereinafter) and which is described as follows: See Exhibit A which is attached hereto and made a part hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval subject to certain conditions requiring the construction of 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 improvement plans for the required improvements by the Cardiff Sanitation District ( "DISTRICT" hereinafter), SUBDIVIDER hereby TF /03/COV2- 308wp51 1(4/26/91 -1) 10e15a 1 JAN 90 covenants and agrees for the benefit of DISTRICT, to do the following: See Exhibit B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. SUBDIVIDER agrees that SUBDIVIDER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, DISTRICT may add to the property tax bill of the PROPERTY any past due financial obligation owing to DISTRICT 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 DISTRICT 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 DISTRICT shall execute a Satisfaction of Covenant. H. By action of the Board of Directors, DISTRICT may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against SUBDIVIDER. TF /03 /COV2- 308wp51 2(4/26/91 -1) 10e15a 1 JAN 90 ACCEPTED AND AGREED. Dated Z IS Dated 3 ° 01$ (Notarization of SUBDI Dated 4 — � - cl, a SUBDIVIDER CARDIFF SANITATION DISTRICT 1. ' Clerk of the Board (Notarization not required) TF /03/COV2- 308wp51 3(4/26/91 -1) 10e15a 1 JAN 90 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) On January 27, 1998, before me, Leona V. Kauflin, Notary Public, appeared Christopher S. Lloyd, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. .........................-- 6Leona V. Kauflin Comm. # 1044121 MVC,�.ErPtIM.3.1998 NnTARY PVBL IC tM IF ORNLA SAN DIEGO COUNTY G: \PL- 95\ACK -LLOY WITNESS my hand and official seal. Leona V. Kauflin, Notary Public CALFFORNIA ALL -PURR ACKNOWLEDGMENT State of CAL, IFGamIA County of SA�q C On (' ?00 98 before me, WP-ND U STIAT�rnA , /UO /f1"q tau 6r,lc, Date N me Ann— of OMlcer leg.. Van Doe, Notary Public) personally appeared 2E t, C LE Aar{ Namelst of 5gnenst p4ipersonally known tome -OR - --proved to me on the basis of satisfactory evidence to be the person (A w� So 5ignawre of Nora Public OPTIONAL Though the information below is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: CoV2rL1rs1' Rg' graAY\ q Rea pro Wi__, Document Date: I ,,IAN 90 Number of Pages: IS" Signer(s) Other Than Named Above: C��iS�oD S• l iOl` Q Capacity(ies) Claimed by Signer(s) Signers Name: Greer Individual - Corporate Officer Title(s): - Partner — - Limited _- General - Attorney -in -Fact Trustee - Guardian or Conservator Other; Top of thump here Signer Is Representing Signer's Name: - Individual - Corporate Officer Title(s): - Partner — - Limited - General - Attorney -in -Fact - Trustee - Guardian or Conservator - Other: Top of thumb here Signer Is Representing: D 1995 National Notary Association • 8236 Remmet Ave.. PO. Box 7154 • Cancga Park. CA 91309 -7184 Pros. No 5907 Reorder Call Toll -Free 1- 800 - 8]6682) whose name%) is /ate subscribed to the within instrument and acknowledged to me that he /SK6e /they executed the same in his /her /trAir authorized capacity(Xs), and that by his /*r /their signatureod) on the instrument the person9p, wc��r 5'_'ZNUN Comm?ss;o^ - 1158087 or the entity upon behalf of which the person(,!Q acted. Norory Puorc - �cr'ornio executed the instrument. s' Son DegcCour, _ 1 0 myr -mr, nx ,°`")r-S 2001 WITNESS my hand and official seal. w� So 5ignawre of Nora Public OPTIONAL Though the information below is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: CoV2rL1rs1' Rg' graAY\ q Rea pro Wi__, Document Date: I ,,IAN 90 Number of Pages: IS" Signer(s) Other Than Named Above: C��iS�oD S• l iOl` Q Capacity(ies) Claimed by Signer(s) Signers Name: Greer Individual - Corporate Officer Title(s): - Partner — - Limited _- General - Attorney -in -Fact Trustee - Guardian or Conservator Other; Top of thump here Signer Is Representing Signer's Name: - Individual - Corporate Officer Title(s): - Partner — - Limited - General - Attorney -in -Fact - Trustee - Guardian or Conservator - Other: Top of thumb here Signer Is Representing: D 1995 National Notary Association • 8236 Remmet Ave.. PO. Box 7154 • Cancga Park. CA 91309 -7184 Pros. No 5907 Reorder Call Toll -Free 1- 800 - 8]6682) ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TM 97 -100 PROPERTY DESCRIPTION Portion of Remainder Parcel of of Encinitas, County of San filed in the office of the County on November 14, 1994 Official Records. Parcel Map 17446, in the City Diego, State of California, County Recorder of San Diego as File No. 1994 - 0657653 of TF /03/COV2- 308wp51 4(4/26/91 -1) 10e15a 1 JAN 90 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. !M � 7- /c,= SUBDIVIDER'S DUTIES AND OBLIGATIONS Name of SUBDIVIDER: LL6Y /) Tract or Parcel Map Number / /V( 27-100 Name of Subdivision: N /4 Resolution of Approval Number: Adopted: 7 Z4 97 Estimated total cost of improvements: 20, C2 17 . CC 1.0 IMPROVEMENTS REQUIRED 1.1 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to furnish all the labor, equipment and materials to perform and complete, in accordance with the plans and specifications and to the satisfaction and approval of the District Engineer, all of the improvements referred to below: Improvement plans for 6'5 2-4t) sheets ) through 'Z , dated and prepared by CbN w/o v I :i s C as approved on 3-Z9 1r by the District Engineer together with any subsequent amendments approved in writing by the District Engineer; on file with DISTRICT in the District Office and incorporated herein as though fully set forth at length. 1.2 Further, SUBDIVIDER agrees to perform the following conditions: TF /03/COV2- 308wp51 5(4/26/91 -1) 10e15a 1 JAN 90 RESOLUTION CONDITIONS: PC . �)J -)pp 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 7- f- Zoo G and shall complete the improvements no later than 4 -1 -ZOU) In the event good cause exists, as determined by the District 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 District 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 District 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 District 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 TF /03/COV2- 308wp51 6(4/26/91 -1) 10e15a 1 SAN 90 acceptance by DISTRICT of appropriate property interests. SUBDIVIDER 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 District Engineer in writing at least 15 days prior to the commencement of work hereunder. No construction work shall begin until authorized by DISTRICT. 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 District Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for inspection by DISTRICT, 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. TF /03/COV2- 308wp51 7(4/26/91 -1) 10e15a 1 JAN 90 3.0 INSPECTION /ACCEPTANCE OF IMPROVEMENTS 3.1 The District 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 SUBDIVIDER. If determined to be in accordance with applicable DISTRICT standards and the other terms of this Covenant, the District Engineer shall approve the improvements and recommend the acceptance of the public improvements by DISTRICT through resolution of the Board of Directors of the Cardiff Sanitation District. 3.2 The SUBDIVIDER agrees to pay for each inspection of the improvements required by the District Engineer. 3.3 Approval of the improvements and acceptance of the public improvements by DISTRICT, shall not constitute a waiver by DISTRICT 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 District Engineer and the public improvements are accepted by DISTRICT, SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such public improvements. 4.0 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 TF /03/COV2- 308wp51 8(4/26/91 -1) 10e15a 1 JAN 90 any of the requirements of this Covenant or otherwise fails to function to the satisfaction of the DISTRICT, SUBDIVIDER shall without delay and without any cost to DISTRICT, repair, replace or reconstruct any failing part or parts of the public improvement. 4.2 TEN YEARS. For ten years following the acceptance by DISTRICT 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. Prior to the sale or transfer of all or any portion of this Subdivision, or prior to the issuance of any development permits for this Subdivision, SUBDIVIDER shall furnish to DISTRICT good and sufficient security in the form of a cash deposit, letter of credit, or other security as approved by the District Engineer in the amount of 150% of the then - current estimate of the construction costs of the improvements to assure faithful performance of this Covenant. 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 DISTRICT 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 TF /03/COV2- 308wp51 9(4/26/91 -1) 10e15a 1 JAN 90 furnish to DISTRICT good and sufficient security, in the form of a cash deposit, letter of credit or other security as approved by the City 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 DISTRICT of the public improvements. 6.0 CURING OF DEFAULTS 6.1 In the event that SUBDIVIDER fails to perform any duty or obligation imposed by this Covenant, SUBDIVIDER hereby authorizes DISTRICT, at DISTRICT's option, to perform such duty or obligation twenty (20) days after DISTRICT 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 DISTRICT. The security posted by SUBDIVIDER pursuant to this Covenant may be used by DISTRICT for the completion of such performance, but shall not limit SUBDIVIDER's liability. 6.2 In the event of SUBDIVIDER'S uncured default, DISTRICT may take over the work and prosecute the same to completion, by contract or by any other method DISTRICT may deem advisable, for the account and at the expense of SUBDIVIDER. SUBDIVIDER shall be liable to DISTRICT for the actual costs or damages occasioned DISTRICT thereby. Without liability for so doing, DISTRICT may take possession of the construction site and the work. In completing the work, DISTRICT may utilize such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary therefore. 6.3 Should the exigencies of the case require repairs, replacements, or work to be done before SUBDIVIDER can be notified TF /03/COV2- 308wp51 10(4/26/91 -1) 10e15a 1 JAN 90 and given 20 days to perform, DISTRICT may, at DISTRICT's option and without liability, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to DISTRICT the actual costs of so doing. 7.0 HOLD HARMLESS 7.1 SUBDIVIDER agrees to indemnify and hold DISTRICT and DISTRICT'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 DISTRICT and DISTRICT'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 DISTRICT to the SUBDIVIDER's proposed plans, specifications or design so long as such change is objected to, in writing, by the SUBDIVIDER, and the writing is filed with the District Engineer more than ten days prior to the commencement of work. 7.3 SUBDIVIDER's obligation herein includes, but is not TF /03/COV2- 308wp51 11(4/26/91 -1) 10e15a 1 JAN 90 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 DISTRICT. 7.4 By approving the improvement plans, specifications and design; by inspecting or approving the improvements; or by accepting the public improvements, DISTRICT shall not have waived the protections afforded herein to DISTRICT and DISTRICT's officers, officials, employees and agents or diminished the obligation of SUBDIVIDER who shall remain obligated in the same degree to indemnify and hold DISTRICT and DISTRICT'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 DISTRICT's intentional wrongful acts, DISTRICT's violations of law, or DISTRICT's sole active negligence. TF /O3/COV2- 308wp51 12(4/26/91 -1) 10e15a 1 JAN 90 8.0 8.1 The SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by DISTRICT 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 or aggregate. 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 DISTRICT from the insurance company. 8.2 DISTRICT shall be named as an additional insured on SUBDIVIDER's policies. 8.3 SUBDIVIDER shall furnish certificates of said insurance to DISTRICT 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 DISTRICT and the proper person to receive any such notice on its behalf is: District Engineer Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 and the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: TF /03/COV2- 308wp51 13(4/26/91 -1) 10e15a 1 JAN 90 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 DISTRICT 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 DISTRICT. SUBDIVIDER shall not be under control of the DISTRICT except as to the result to be accomplished. SUBDIVIDER may confer with DISTRICT as required to perform this Covenant. 11.4 No verbal agreement or conversation with any officer, official, agent or employee of DISTRICT, either before, during or after the execution of this Covenant, shall effect or modify any of the terms or obligations herein contained. TF /03/COV2- 308vp51 14(4/26/91 -1) 10e15a 1 JAN 90 Conway & Associates, Inc. Civil Eno Surveyura'Gmm]- Fngini gCo ado A13412412 135 Liverpool Drive Suite D a Cardiff= by4haSea. CA 92007 Telephme (760) 753 -1453 a Fax (760) 635-0839 September 25, 1998 City Of Encinitas Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 Project: Private Road Grading Plan - Permit No. 5259 -G Subject: As- Graded Substantial Conformance Site Description: TM 97 -100 / Map 13566 To Whom It May Concern: I have reviewed the subject site with regard to substantial conformance for the work associated with Grading Plan no. 5259 -G prepared by Conway & Associates, Inc. The grading under permit no. 5259 -G has been performed in substantial conformance with the approved grading plan and as shown on the attached as- graded plans. Respectfully submitted, Z__ Michael K. Pasko, P.E. R.C.E. 41022 (Exp. March 31, 1999) e:lpropds112-lotlmrdprmc as buill.do me United Slates Mineral Surveyor Cal 'forma L.S. 4368 - Alaska L S. 4839 Nevada R S. 5972 - Arizona R.L.S. 14660 City of Encinitas Engineering Department 505 South Vulcan Ave. Encinitas, Ca. 92024 veyinj August 27, 1998 Subject: Monument Replacement Certification Map 13566 / Lloyd / TM 97 -100 Improvement Plan 5259 -G This letter will serve to certify that on August 26, 1998 I reset the three iron pipe survey monuments that had been destroyed when Calle Margarita was constructed. Replacement was required by State Law and by note 5 on sheet 3 of 4 of the improvement plans. The original monuments at the center of cul -de -sac, the southeast corner of Lot 1 and the southwest corner of Lot 4 were replaced, in like kind, by me from my original control for the map. No Corner Record is required by California State Law for these replacement monuments since they were reset in like kind by the original surveyor. For additional information please contact me at 753 -3817 Jon Blake L.S. 436 Exp. 9/30/01 x 1739 Red Born Rood. Encinitas. (a.92024 (760) 753-3817 COAST GEOTECHNICAL CONSULTING ENGINEERS AND GEOLOGISTS August 11, 1998 Christopher Lloyd c/o Mike Pasko Conway and Associates, Inc. 135 Liverpool Drive, Suite D Cardiff, CA 92007 Subject: FIELD MEMO Subgrade Compaction Calle Margarita Northerly Extension TM 97 -100 Encinitas, California Dear Mr. Lloyd: The subgrade deposits for the northerly extension of Calle Margarita were scarified, moistened to optimum moisture content and compacted with a smooth drum vibratory compactor. Selected density testing suggests that the subgrade deposits were compacted to a minimum of 95 percent of the laboratory maximum dry density. The moisture content within the subgrade deposits should be maintained. If delays occur and significant moisture loss results in the subgrade deposits, the subgrade should be re- scarified and compacted prior to placement of Class 2 base materials. If you have any questions, please do not hesitate to contact us at (619) 755 -8622. Sincerely, CEO /AST GEOTECHHNNICAL *44/4w� Mark Burwell, R.G. Geologist 779 ACADEMY DRIVE • SOLANA BEACH • CALIFORNIA 92075 (619) 755 -8622 • FAX (619) 755 -9126 Conway & Associates, In.. Civil Engineers/ surveyors /Ca ml- Engineering -HAZ Contraaas AB412412 135 Liverpool Drive Suite A • Cardiff- byihe-Sea, CA 92007 Telephone (760) 753 -1453 • Fax (760) 603 -9410 DATE: February 25, 1998 MEMORANDUM TO: Blair Knoll, City of Encinitas Engineering Department FROM: PROJECT: SUBJECT: Michael Pasko TM 97 -100 Project Access In accordance with the requirement of TM 97 -100 condition item D.9 (Resolution No. PC- 97 -49), please be advised that the existing private roads of access to the project are within their respective easements for the benefit of the land division. ,a t� '( AN Michael K. Pasko, P.E. cc No. 41022 Project Engineer * Exp, S _31 _ 9jFOF CAL��is LI FIVE I Conway & Associates, Inc. Civil F'mgina Surv�.,(imp al- Engm�xring- f1AZCantr dm A13412412 135 Liverpool Drive Suite A Cardiff'- bythe-Se, CA 92007 Telephme (760) 753 -1453 Fax(760)603-9410 TM 97 -100 IMPROVEMENTS BONDING COST ESTIMATE - GRADING (5259 -G) REVISED: 9 -18 -97 ITEM DESCRIPTION STD DWG QUANTITY UNIT UNIT COST SUB -TOTAL EARTHWORK - CUT - 1090 CY $3.90 $4,251.00 GRAVEL BAGS - 900 EA $1.00 $900.00 SLOPE PLANTING (GROUND COVER) - 2.5 kSF $105.00 $262.50 RESET SURVEY MONUMENT (1) - 1 EA $550.00 $550.00 A.C. PAVEMENT REMOVAL - 3210 SF $0.35 $1,123.50 3" A.C. - 8350 SF $1.20 $10,020.00 6" AGGREGATE BASE - 8350 SF $0.54 $4,509.00 6" A.C. DIKE G -5 859 LF $7.80 $6,700.20 1" AC OVERLAY 7360 SF $0.40 $2,944.00 TRENCH RESURFACING G -24 150 LF $9.30 $1.395.00 "NO PARKING FIRE LANE" SIGN R26 8 EA $75.00 $600.00 /p SUBTOTAL: (1) INCLUDES CORNER RECORD FILING �OFESS Q n` L K. A,4 10% ``f ` o CONTINGENCY TOTAI..r- W �ZZgF� °` Micl(ael K. Pasko R.C.E. 4102 ES # LICENSE EXPIR 3 -31 -99 -7 �p m No. 41022 I 3 3l-y9 *l 119 CIVIC- F F (' AI- E _ UNIT PRICES ARE FROM THE CITY OF SAN DIEGO'S UNIT Piil QUANTITIES & COSTS ARE FOR BONDING PURPOSES ONLY. II� a $33,255 SUBDIVISIONS & PERMIT BOND DATED 10 -30 -95 Printed. 212498 9:58 PM 5-Lot h:\S W)5tmcstl '1 Conway & Associates, Inc. r Civil FAgine Surveyors CG ml -Fi growing -HA!. Cmtraam APA12412 135 Liverpool Drive Suite A Cardiff- by- thaSee, CA 92007 Telephme (760) 753 -1453 Fax(760)603-9410 TM 97 -100 IMPROVEMENTS BONDING COST ESTIMATE - SEWER (CS 249) ;V = kyl F-A 491&5[4P114 ITEM DESCRIPTION STD DWG I QUANTITY I UNIT I UNIT COST SUB -TOTAL 8" PVC SEWER MAIN S -4 325 LF $38.00 $12,350.00 SEWER MANHOLE S -17 1 EA $2,200.00 $2,200.00 SEWER CLEANOUT S -3 1 EA $950.00 $950.00 SEWER LATERAL S -13, S -14 5 EA $550.00 $2,750.00 SUBTOTAL: $18.250 10% CONTINGENCY $1.825 TOTAL: $20,075 Michael K.Pasko R.C.E. 41022 LICENSE EXPIRES 3 -31 -99 ESS /04, mac, LP or, a No. 41022 * Expo, �sl CIVIv TFOF CAL \F�� I � I u UNIT PRICES ARE FROM THE CITY OF SAN DIEGO'S UNIT PRICE LIST FOR SUBDIVISIONS & PERMIT BOND DATED 10 -30 -95 QUANTITIES & COSTS ARE FOR BONDING PURPOSES ONLY. Printed: 2l2M 9:00 PM Slot h:\ssht0amcstl COAST GEOTECHNICAL 779 ACADEMY DRIVE SOLANA BEACH, CALIFORNIA 92075 (619) 755 -8622 Fax: (619) 755 -9126 PAX TRANSMISSION COVER SH ( CiI \ \11 Date: � EPVICES EEF\N� N\t PS TD. Sender: YOU SHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL. Mi, c This is fhc a��p�oa c h we user/ on 140 -cel s /--`/i 7'.P/'7 93 -oy 3 .4 A .- &11—o -y road sce�io. � dasisn is sis �efsro/ o-f p ,v Aer " '. _leeY�e�6nico /fir /� / S base o.-? 1L-s YiaJ o :� oCIaa l Sz,, I-s 4,xed' /n �tavr".+cnt s ✓roc% RS" I o /sa need r ;- vo /McTp .'ion 4r �2 vM /7YVG in G-4Ver Y�o Go•••p/e �r ilrG..7Me. -y Geefcci,.t»/ S.vrcrhsrfiu.+ ,OAST GEO'I'ECHNICAL CONSULnNG ENGINEERS AND GEOLOGISTS December 8, 1997 Mike Pasko Conway & Associates, Inc. 135 Liverpool Drive, Suite A Cardiff, CA 92007 Dear Mike: The following reports have been submitted for T.P.M 93-053, Parcel 1 through 4, Double LL Ranch Estates: 1) Geotechnical Reconnaissance Proposed Division of 10.8 Acres Parcels 1 through 4, Inclusive T.P.M. 93 -053 Encinitas, California Prepared by Cardiff Geotechnical Dated May 25, 1994 2) Rough Grading Report Double LL Ranch Estates Parcel 1 through 4, Inclusive T.P,M. 93 -053 Encinitas, California Prepared by Cardiff Geotechnical Dated March 27, 1995 3) Addendum Report Pavement Section and Storm Drain Backfill Double LL Ranch Estates Pamcl 1 through 4, Inclusive T.P.M. 93.053 Prepared by Cardiff Gcotechnical Dated July 28, 1995 If you have any questions, please do not hesitate to contact us. Sincerely, COAST GEOTECHNICAL Mark Burwell Geologist 779 ACADEMY DRM: • SOIANA BF.ACI I • CAI.IFORNW 02075 16191755-8622 • FAX (619) 7559118 Conway & Associates, Inc. Civil Fnginttn Sun coon 1. n Tal- FnginnmmgH.4Z CaatlQQS AB412412 133 Uvapool Drive Su6e A Cardiffby4he-Sea6 CA 92007 Tdephane(760) 753 -1433 Fax (760) 753.4135 HYDROLOGY CALCULATIONS for TM 97 -100 DEC 02 1997 ENGINEERING SERVICES CITY OF ENCINITAS DOUBLE LL RANCH FIVE -LOT SUBDIVISION CALLE MARGARITA NORTHERY EXTENSION Prepared: November 24. 1997 GENERAL DESCRIPTION: This study was prepared to address plan review comments regarding the capacity of the existing street inlets on Calle Margarita (North). This report is submitted as an addendum to the September 21, 1993 hydrology study prepared by Conway & Associates The enclosed hydrology map was developed from field visits, a review of record grading plans and preliminary grading plans prepared by Conway & Associates for the subject subdivision. A copy of the project's preliminary grading plan is enclosed for reference. The grading shown on the preliminary grading plan is not proposed as part of the work for TM 97 -100. The builders of each home site will prepare individual lot grading plans. This study verified runoff quantities and the capacity of the existing storm drain inlets in Cal le Margarita. The runoff quantity for a 100 -year return event storm was generated and matched the Q100 value developed in the September 21, 1993 study. The existing grated inlets in Calle Margarita were found to be adequate for the design runoff. Ponded water at the curb inlets during a design storm condition will be maintained within the AC dikes along Calle Margarita. A ALlBR00 SK 7 PE�H6 5K y 1 -5 Z sry 8 6L 6M BN 0 8K o� C0 t 7 8 81K 8L BM 12P m° � I w H 11gV 9 V tLLEL 9 �` 10 m 12 12L 1TM 12N OCEANS DE VIST W 13 %colllvo 15 � TA � 17 V i 18 ARLSBAD i y% z s yRp 3 MA N COS R I V'l PAL-Ov4R ! 0 9 20 21 22 v I ES23 NDI O 404 SI E N 24 z o 26 o 27 28N I 28 EN LA30 GNp RANCHO 33 29 SANTA 31 32 9 RD , 33N SO NA o BEACH 0 DEL MAR A34 O POWAY for jor `" Rp 37 37N POWAY t 38 39 41 42 0 5 y 40 10 4a : �- 46 MILES SOV4 48 47 48 9 SANTEE 52 8lB 0 55 56 43A '. 54 EL CAJON MISSION 59 S 60 0 PRMOV DIE O 81 ' V1 SL»MM A — E 4yELa�i 04" w ,qyt f n L1 t `11 ` p fI� AY MIM A N _ D Mcw.tsa;,.rFrr{�pp I . . ..... ... . .II�N! tot � / + II P�'!tiFANEC R 2 Ifs •1 ,rjy, ' i Lrl tpi,• t ... -tNP ? .. •� ILL N i�1 ' T, IN ,f`. 7, ;Y LI^r lr L!{ l �# \p �O ,W /J! /r LI AI4 y 1r,0 fit �l \ %BGMA Jy".r!,L �,lYli� n s p C4 ST CALLF p I gggo ti91 /^ 'AfE'7 WL.f, SI hy'ivr Pf LN t _� O P .J. 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R4\C, D EN D r �/o ON.. qPa' - - 4�1'\ �Ap 's '. i �r TE� r'M. ggH�A� �/6 <o /, Wit.,. st Rl "c° g `.s q�srti \� �)T ('"�F[T pQr%" �OF99 I 9�w I Y -M1M1 \. SOLL ° E �J IG c�.�`,� i /�� .t0• ra'? M1�ir ' '►YO ID R;=s C '� Fyp�^,. 9F C �q /o 0 T I �"' W O y E(i4 , O 1 . r 2 W `iLiL IM� a �S7}� 1'i A o ' ' C44nit^ 4� P : I. {�O I ` 1 , \oiJW AA SM'O rowrwY El3�.lD�6t� S9 yY,..,/I, JENNirFq ^. Tft�A� AsFOCrftb�':o {EL'J I .... .,... A LVLArSt t I L . .= �rMM QT4 ��� T2lreTCTON LN i4 ✓' }� r ,'sPa 9FS r E kARR,s ON G I NARSIDAtG DR I is LN¢ ,f011ES10ALF OR • � `�S ¢¢¢ -- Tj "'- - -. ._.. D S RLFASANFOALE DR I W E /ELLEGRO"F RD Ln £a� �q/ e I /w ^\ L FD FCNARlE510NE 1N I I/ \ • E SUMMERSI rt. DELN I -JLeQ 2�y 31 A a0 •�. 40L Ak 4wr 4111P COUNTY OF SAN DIEGO 1 1'!! fi (1 g) PRECIPITATION DEPARTMENT OF SANITATION b 1OO-VI-Gill 24-1,10t�11 FLOOD CONTROL '- 20- ASOPLUVIALS OT 100 -YEAR 24 -IIOUR 1151 PRECIPITATION IN TENTHS OF AN INCH loo ,''�„� sJ f11p1 \��. ._ i • «IA(I in /• Ito . t Q0 3 40 u u ,i, 80 1 / SALf (60�d — — SAN CL LIENIE • 1 O 1 •`- % �_ 1 r 1 �L lao .. 10 10 `45 Cc- J� ` GO x`126 `) I /1 15' 0_ _ ` , GO 1 `r' 40 70 • 3 � - — 33 • ALL IAA •i� JJ. �l �� 113 100- 8u 80 U.S. DEPARTAIEN ['OF COMMERCE 70 ,, �i f � 1 ..Cu,. ,14 NATIONAL OCIvA \IC AND AT u•1•IIFMIC Au>IINIS'rNATmm �`/ I „' _ O�J(i iPLCIAL fTUDI[5 YRAVCII, UYFICC OP 11 UI:ULUO T, NATIUY AL WkA r11FM Sf NVICZ SA 1`: L�- %'(� "'•GSGB - -"•{rIV' `'V 301 I I•< i5'GJ U °BOl0G5l10 70 f H I H i- I1C” 1154 101 Ii1 II]' 11!11 101 151 116' 1 W I r777— w- 4 CODUTY OF SAN DIEGO FLOOD CO.N7 OF SANITATION E 100-YEAR Q_l,10M �{$���s yIT 71019 FLOOD CONTROL 100 -YEAR 1 LV i+l 1 Ga I V ''20.1 150PLUUTALS 10F g 10t0 -YEAR 6410UR PREC15ITATI0�1 IN ENTHS Ui. A I %T11 451 s?{ I J �T [FIL `` [i' �0� i — Lm': A L'CACII 1 1 yg7 C,.5 SA 1. 35' 35 11 01 I 300 .,: i�O�Ip rAECCA� j1 qn 1 Cl S:CNIE SAN ' 27.5 5' ; 3g �.v 30 1 ,I -T- ' rr4. 225 �� \��•� -- L` l: �.. X30 30\' 33' _ 'AONA p 10 _� 2' \ -\.. 1 '� [ 20 4 4 51 7 L uan L ! P..P..a by U.S. DEPARTMEN I' OF COMMERCE \ 1 1, ( IArU.. T NATIONAL OCEANIC AND A7. OSI`IIE MIC ADMINISTRATION // 'J], •� 111 SPECIAL STUDIES URANCII, OFFICE OF 11 OROLOGY. NATIONAL REATIIER SERVICE SAI ✓ Q - M 301 � I 20 � X35 3 0 a 1181 1151 3101 15' 117° —1115' 301 15' 116' 1 � 9 e •� a � s N; v i L 2. S u r U L LOa r E e a x x INTENSITY- DUj,AAj10N DESIGN CHART �1n Ch 0 C z v m w v d 6.0 ,, 5.0 4.S 4.0 3.5 s 3.0 1 2.5 2.0 1.5 1.0 15 ?.0\1 In 4n Fn 1 2 3 4 5 6 Directions for Application: 1) From precipitation naps determine 6 hr. and 24 hr. amounts for the selected frequency. These maps are printed in the County Hydrology Manual (10, 50 and 100 yr. maps included in tt Design and Procedure Hanual). 2) Adjust 6 hr. precipitation (if necessary) so that it is within the range of 45% to 65% of the 24 hr. precipitation. (Not i,pplicablr to Desert) 3) Plat 6 hr. precipitation on the rigt.t side of the chart. 4) Draw a line through the point parallel to the plotted lines. 5) This line is the intensity- duration curve for the location being analyzed. Application Form: 0) Selected Frequency r. 1) P6 • s O in.. P24■ S Z . *P6 • So % P24 2) Adjusted *P6 �r /« 1n. 3) tc ■ 2/ min. 4) I 3,/ in /hr. *Not Applicable to Desert Region Tom/ 7 ;� APPENDIX XI IV -A -14 I Intensity (In /Hr.) D Duration (Min.) Q p �IIIIIII II�I �I!IIII� � ��I I F �af �ilfl i I� !!iiiyl��1�� � li lill 1 � II � �1n Ch 0 C z v m w v d 6.0 ,, 5.0 4.S 4.0 3.5 s 3.0 1 2.5 2.0 1.5 1.0 15 ?.0\1 In 4n Fn 1 2 3 4 5 6 Directions for Application: 1) From precipitation naps determine 6 hr. and 24 hr. amounts for the selected frequency. These maps are printed in the County Hydrology Manual (10, 50 and 100 yr. maps included in tt Design and Procedure Hanual). 2) Adjust 6 hr. precipitation (if necessary) so that it is within the range of 45% to 65% of the 24 hr. precipitation. (Not i,pplicablr to Desert) 3) Plat 6 hr. precipitation on the rigt.t side of the chart. 4) Draw a line through the point parallel to the plotted lines. 5) This line is the intensity- duration curve for the location being analyzed. Application Form: 0) Selected Frequency r. 1) P6 • s O in.. P24■ S Z . *P6 • So % P24 2) Adjusted *P6 �r /« 1n. 3) tc ■ 2/ min. 4) I 3,/ in /hr. *Not Applicable to Desert Region Tom/ 7 ;� APPENDIX XI IV -A -14 LOT 2 b LOT 3 all o 1 I; LOT 1 —.. I LOT 4 11 floo i � I 1 EXISTING I I RESIDENCE 1 ° —mmm- LOT 5 1 TRIBUTARY BASIN BOUNDARY cr Zi �. a J U EXISTING I•• ~� "'' '� RESIDENCI7 EXISTING RESIDENCE ) 1 I EXIST - - INLETS EXISTING RESIDENCE i ./ I EXIST 18" r �, RCP SD NOV. 7M 971900 EXt\SF- 1�YLET CAPACITY CHECK IH: \DWGS \HYDRO- RD.OWG LOT_0.11 100' � -- � 1r i, \� lo i I L�T-1 T f I I I I i I I L 1I 11 1 I LOT 5 ! LOT 4 3 LOT 3 -- - - - - -' L - -- -- - -J-1_ . 1� LOT 2; i - — 1 f x�r ==7 '< pyyq •i(. ��yJ m __ _ m - -_ _ MORTQLY EXId9O1 1i- -- -- -' ---- ��o•c /� (ice 17l; - - - - - -- — �.. ' eV- IY■Y ■ ■ ■ ■ ■ ■■Y■■ ■ ■ ■®YY■ ■ ■�3i'7 1 ■ ■ ■H ■ ■ ■ ■ ■ ■�!■■ ■YHY ■H■■■■■ ■■■ ■w■ ■■ H■■ ■ ■ ■ ■■■■ ■ ■ ■■■ ■ ® ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■■■■ rWW:■rl�s�� ■�!*r.���ra■ ■■ ■■ ■■ ■ ■■■■ Y■■ ■■ ■■■ ■Y■ ■ ■ ■■ ■■■■ ■u�1 ■■ ■■■■ ■it■■ ■ ■ ■ ■r■B■■■■■■■i ■r ■ so wcl■ Y ■ ■ ■■■■■■■■ ■■■■■■■ ■ ■■■RON ONE d■■�7►'WD HH■MEMS MEN HH ■ ■HH■■ ■■ ■■■YHH HH■■■■■■■■■■■ ■■■■u■H■■■ ■u MINE ■ ■■■ ■■■■■■■ ON ME :: Tmw— ! _�!!!�G l �,7!!� ■ ■ ■■ ■SEEM 1i- -- -- -' ---- ��o•c /� (ice 17l; - - - - - -- — �.. ' eV- - - -- - - T i I M F4A M FA F'tIWd b -biro IW■N■■■■■ �■ ■■■■ ■NR%�11N� ���� rN /_�LX■■i■ ■N ■ ■ri ■N ■ ■ ■ ■H■Wr ■ ■ ■ ■ ■�f.21��!�■ ■N ■■Nr�wnwr�w►�r��■r �Gw■■■■■�w ■■ ■w� ��■��rwwnca��!w�wrmww■w�■ MOM 0 ■■ MEMISIMMEMER WIREPP"A _ �iW ON MINIMUM �N■ NM■■i■ ■NW N■■■■rAUFF , - ■■■ ■ ■ ■WN■■■■ ■■■■■■ ■A■■■N MINE ■1! ■ ■ ■ ■/5NN■NN W N ■■■iI ��t .�'l�l �i�EI��W■N■ii ■ ■■ ■■ ■■■■■■ili■ ■rr■i/■ ■�!■ ■NW■■ ■■■i■ ■■■■■ 7 =4.Y V,=M ■■■ ■■ ■YNNN ■W ■N■ MEMO ■Nn ONES EXAM E ROME � N r - - -- - - T i I N , EMS ■■■■■B■■B MEMO ■■I1f�f/■■iili�i 3iifr/B��■ ■■■■ BN ■■BBfNr ■■HEN NONE MISSION ■■■■ ■ ■■ ■ ■BNBB■■■■■■■ ■■■■■■ ■ ■■■■■■■ ■■ORINI■A■■ MINIME ■ ■■■ ■B (i?ir■ori SUM ■siWAA■■■■ ■ ■■o■m■ ■■m■ ■w ■■■■��■■■,■ ■�w�u ■■B 570i rg"04WAIAQWU"�WARA ■■■■■■■■BG � a v ■ ■NB MENFIN ■i�B ■ ■■B ■N ■■ _ ■ ■ ■ ■�� ■ ■B ■ ■ ■ ■ ■ ■ ■ ■ ■ ■AN ■ ■� ■dam ■■�1 TABLE 2 RUNOFF COEFFICIENTS (RATIONAL METHOD) DEVELOPED AREAS (URBAN) NOTES: (I)Soil Group mans are available at the offices of the Department of Public Works. (2)Where actual conditions deviate significantly from the tabulated impervious- ness values of 80% or 909;, the values given for coefficient C, may be revised by multiplying 80% or 90% by the ratio of actual imperviousness to the tabulated imperviousness. However, in no case shall the final coefficient be less than 0.50. For example: Consider commercial property on D soil.group. Actual imperviousness - 50 °L Tabulated imperviousness - 80% Revised C . SD x 0.85 - 0.53 80 IV -A -9 APPENDIX IX -B Rev. 5/81 Coefficient. C Soil Group (1) Land Use A 2 C 0 Residential: Single Family .40 .45 .50 Multi - Units .45 .50 .60 .70 Mobile homes .45 .50 .55 .65 Rural (lots greater than 1/2 acre) .30 .35 .40 .45 Commercial(2) .70 .75 .80 .85 8O% Impervious Industrial(2) .80 .85 .90 .95 90% Impervious NOTES: (I)Soil Group mans are available at the offices of the Department of Public Works. (2)Where actual conditions deviate significantly from the tabulated impervious- ness values of 80% or 909;, the values given for coefficient C, may be revised by multiplying 80% or 90% by the ratio of actual imperviousness to the tabulated imperviousness. However, in no case shall the final coefficient be less than 0.50. For example: Consider commercial property on D soil.group. Actual imperviousness - 50 °L Tabulated imperviousness - 80% Revised C . SD x 0.85 - 0.53 80 IV -A -9 APPENDIX IX -B Rev. 5/81 T --� Sx S -0.2 0.08 0.06 _jj Q = o.n6 SX 67 50.5 T2.67 EXAMPLE: GIVEN: n= 0.016; Sx =0.03 S =0.04 ; T = 6 FT FI ND: Q =2.4 FT3 /S Qn = 0.038 FT 3/S T (FT) v Sx 7 N 0.01 0.02 0.02 0.01 0.008 ` 0.006 OO 0.004 0.06 _ -- 0.08 0.002 0.1 J 0.001 ♦`— T --{ Sri , S x2 �- -W T I— W -•t— T� Qw SX S�+ 30 AN 10 8 3 2 1) For V- Shape, use the nomograph with Sx= Sw 3x2 /(Sxl + Sx2 ) a d c w 2C 0.8 0.6 40 0.4 20 0.21 N M u_ 0.1 0.08 C 0.06 2) To determine discharge in gutter with composite cross slopes, find Qs using Ts and Sx. Then, use CHART 4 to find E,. The total discharge is Q =Qs /(I -Eo) , and Qw =Q -Qs. CHART 3. Flow in triangular gutter sections. 23 I- 0.004 4 2 I / /Gh 0.8 0.6 10 6 6 3 4 3 2 C W I H 3 0.8 0 0.6 W OS 0 0.4 0.3 � 25i 02 0.1 2 3 4 5 /66 6 10 20 A DISCHARGE u (Fr3i3) 30 40 50 60 60 100 CHART 11. Grate inlet capacity in sump conditions. 71 •-° .:_- • ■■ n ■III /% oil I/IO /./,/' ■ ■ ■■ ■ ■INNS I ra CURB A � CLEAR OPENING AREA PAP' 2 3 4 5 /66 6 10 20 A DISCHARGE u (Fr3i3) 30 40 50 60 60 100 CHART 11. Grate inlet capacity in sump conditions. 71 H 7-6 The Contractor's Representative Id the following paragraph: he Contractor and Englneer shell provide each other th a local phone number at which they or their presentative may be contacted 24 hours a day." PART 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200 -1.1 General d: "Alternate Rock Materials - Type "S" as de- r1bed In Section 400 may be used, unless specifl- Ily prohibited In Special Provisions ". 200 -1.6 Stone for Rlprap J: "The Individual classes of rocks used In slope )tectlon shall conform to the following: PERCENTAGE LARGER THAN* e amount of material smaller than the smallest ze listed In the table for any class of rock slope otectlon shall not exceed the percentage limit listed In the table determined on a weight basis. Compllance with the percentage limit shown In the table for all other sizes of the Individual places of any class of rock slope protection shall be de- termined by the ratio of the number of Individual pieces larger than the smallest size listed In the table for that class. *200 -1.6.1 Selection of Riprap and Filter CLASSES lock Filter Blanket (3) 112 1/4 No. 2 No. 3 �Izes 2 Ton I Ton Ton Ton Backing Backing Sec. Sec. Lower 4 Ton 0 -5 200 400 Opt. 3 Layer 2 Ton 50 -100 0 -5 (4) (4) (5) (6) 1 Ton 95 -100 50- 100 0-5 2 Ton Back - 50 -100 0 -5 4 Ton Ing 95 -100 — 50 -100 D.G. -- 0 lb No. 2 95 -100 — 5 lb Back - 95 -100 0 -5 5 lb Ing 1.0 1/4" B3 25 -75 0-5 5 Ib Fac- 90 -100 25 -75 1 lb Ing 1.4 3/8" -- D.G. 90 -100 e amount of material smaller than the smallest ze listed In the table for any class of rock slope otectlon shall not exceed the percentage limit listed In the table determined on a weight basis. Compllance with the percentage limit shown In the table for all other sizes of the Individual places of any class of rock slope protection shall be de- termined by the ratio of the number of Individual pieces larger than the smallest size listed In the table for that class. *200 -1.6.1 Selection of Riprap and Filter Eris ���5 Filter Blanket (3) Upper Layers) W(2) Opt. I Opt. 2 Sec. Sec. Lower 200 400 Opt. 3 Layer (4) (4) (5) (6) No. 3 Back - 6-7 Ing .6 3/16" C2 D.G. -- No. 2 Back - 7-8 Ing 1.0 1/4" B3 D.G. -- Fac- 8-9.5 Ing 1.4 3/8" -- D.G. -- 3/4 ", 1 1/2" 9.5 -11 Light 2.0 112" -- P.B. -- 3/4" 1 /4 1 1/2" 11 -13 Ton 2.7 3/4" -- P.B. Sand 3/4". I/2 11/2" 13 -15 Ton 3.4 1" — P.B. Send 15 -17 1 Ton 4.3 1 112" -- Type B Send 17 -20 2 Ton 5.4 2" — Type B Sand Eris ���5 Conway & Associates, Inc. Civil Ggxn a Sury m Gmaal -Engm. mg -HAZ Contractm AD412412 135 Liverpool Drive Suke A CardilP -"�See. CA 92007 Telephone (760) 753 -1453 Fax(760)753 -4158 candanagleLaol EMBANKMENTSUMMARY EMBANKMENT BORROW Printed: 9/27/97 2:09 AM 435.7 c.y. FILL 450.0 c.y. CUT Page 1 h \5- lot\ssht\xsecgnt As TM 97 -100 ROADWAY EMBANKMENT EARTHWORFZ(QL�Aff�� AVERAGE END METHOD ANALYS DEC 2 1997 ENGItiCLR!NG SERVICES C11Y 01= ENC; \'TAS STATION CUT FILL CUT FILL (s.f.) (s.f.) (C.Y.) (C.Y.) 7 +60.00 1 23 7 +75.00 1 30 0.6 14.4 8 +00.00 4 22 2.3 23.8 8 +25.00 7 17 5.1 18.1 8 +50.00 14 24 9.5 18.8 8 +75.00 31 61 20.6 38.9 9 +00.00 35 156 30.6 100.0 9 +25.00 24 192 27.3 160.6 9 +50.00 3 117 12.5 142.6 9 +58.18 0 64 0.5 27.3 108.9 544.6 EMBANKMENTSUMMARY EMBANKMENT BORROW Printed: 9/27/97 2:09 AM 435.7 c.y. FILL 450.0 c.y. CUT Page 1 h \5- lot\ssht\xsecgnt As - - I I I, T I I -- - �- �v�,• - -��_ mil_.-- Zf������� _ _�_�� Tr T � �T- I ■ ■uA■�u■uuu�l MMWV1A� ✓�r��■u■■u■■�) - - I I I, T I I -- - �- �v�,• - -��_ mil_.-- Zf������� _ _�_�� Tr T � �T- I COAST GEOTECHNICAL CONSULTING ENGINEERS AND GEOLOGISTS May 15, 1997 Christopher Lloyd 2572 Lone Jack Road Encinitas, CA 92024 Subject: GEOTECHNICAL RECONNAISSANCE Proposed Division of 13.2 Acres Lots 1 through 5, inclusive Encinitas, California Dear Mr. Lloyd: This report has been prepared at your request and presents the results of our geotechnical reconnaissance on the subject property. The purpose of this study is to evaluate the general geotechnical conditions and their influence on the division of 13.2 acres into five separate lots and the northern extension of Calle Margarita. This study is based on geotechnical data obtained during the development of the northern extension of Calle Margarita (T.P.M. 93-053), Double LL Ranch Road, individual lot development and visual reconnaissance of the terrain in the area of the extension of Calle Margarita. SITE CONDITIONS The overall Lloyd property includes 120± acres of terrain located along the west side of Lone Jack Road, in the city of Encinitas. The eastern portion of the property is composed 779 ACADEMY DRIVE • SOLANA BEACH • CALIFORNIA 92075 (619) 755 -8622 • FAX (619( 755 -9126 May 15, 1997 W.O. G- 100063 Page 2 of gently sloping terrain and is incised by a south - trending stream. The western portion of the property is characterized by gentle to moderately steep slopes, ranging in gradients from 5:1 to 21/2:1 (horizontal to vertical) which ascend to a terrace plateau. The northern portion of the relatively level terrace plateau is presently being used as a plant nursery. The descending slopes along the east and west sides of the terrace plateau are, in part, incised by several ravines. Drainage along the terrace plateau is generally directed south and along the slopes drainage is directed to the east and west by ravines. The terrace surface is generally void of vegetation, however, the slopes include a moderate growth of brush. PROPOSED DEVELOPMENT The northern extension of Calle Margarita (T.P.M. 93-053) was completed in 1995. The proposed plans prepared by Conway and Associates include the extension of Calle Margarita an additional 150± lateral feet to the north and the division of 13.2 acres into five separate lots. The project will also include the extension of underground utilities including sewer and water lines. GEOTECHNICAL CONDITIONS Regional Conditions Hillside areas on the subject tract are underlain by two major sedimentary formational May 15, 1997 W.O. G- 100063 Page 3 rock units. Most of the site above an elevation of 280 feet is underlain by tan to brown sandstone with interbeds or lenses of siltstone and claystone. Overlying soils are generally composed of dark reddish brown clayey sand to sandy clay. The sandstone is underlain by pale green siltstone /claystone units which appear to be lithologically equivalent to the Del Mar formation. The clayey rock units are highly expansive and frequently associated with slope instability. These sedimentary units form thick clayey soil deposits which blanket the lower slopes. The lower elevations of the tract are underlain by alluviaUcolluvial deposits (undifferentiated). These deposits are typically composed of dark brown sandy clay and more recent sand, silt and clay with rock fragments within the present and former stream courses. Metavolcanic rock is present beneath the alluvial deposits along the stream course and most eastern margin of the property. These massive, well- indurated bedrock units have commonly been designated as the Santiago Peak Volcanics on published geologic maps. Local Conditions A brief description of the earth materials encountered along the terrace plateau north of Calle Margarita is discussed on the following page. May 15, 1997 W.O. G- 100063 Page 4 Soil/Colluvium Approximately 1.0 to 3.0 feet of dark brown clayey sand was encountered along the surface of the terrace plateau. The soil is generally blocky and dry along the surface and is highly expansive. The soil tends to thicken along lower portions of slopes and is subject to creep. Formational Rock Underlying the soil, dense, well cemented whitish tan sandstone is present. The sedimentary rock unit is exposed along cut slopes for Calle Margarita, as well as Double LL Ranch Road. Our experience with this rock unit south of Double LL Ranch Road suggests the presence of interbeds of siltstone and claystone. However, no significant interbeds of clayey rock units were encountered in the sandstone north of Double LL Ranch Road. Expansive Soil The clayey soil deposits which blanket the terrace plateau and slopes are highly expansive. The underlying sandstone has a potential expansion in the very low range. Ground Water No evidence of perched water conditions was encountered within the sandstone unit during the development of the northern extension of Cane Margarita. May 15, 1997 W.O. G- 100063 Page 5 Slope Stabili ty Previous analysis indicates that the sandstone unit graded at an inclination of 2:1 (horizontal to vertical) is grossly stable along cuts up to 20 vertical feet. Faults /Seismicity Based on a review of published geologic maps, no faults are located on or in the immediate vicinity of the site. The nearest active fault is the Rose Canyon Fault Zone located approximately 8.0 miles southwest of the site. Other active faults which could affect the site include the Coronado Bank, Elsinore, San Jacinto and San Andreas Faults. The proximity of these faults to the site are shown on the enclosed Regional Fault Map. Although the likelihood of ground rupture on the site is remote, it is almost a certainty the property will be exposed to moderate to high levels of ground motion resulting from the release of energy, should an earthquake occur along the numerous known and unknown faults in the region. Liquefaction Liquefaction is a process by which a fine sand mass loses its shearing strength completely and flows. The temporary transformation of the material into a fluid mass is dependent on soil characteristics, loads or stresses acting on the soil, groundwater levels and ground motion resulting from earthquakes. May 15, 1997 W.O. G- 100063 Page 6 Owing to the dense nature of the underlying sandstone and the anticipated depth to ground water, the potential for seismically induced liquefaction and soil instability is considered very low. CONCLUSIONS AND RECOMMENDATIONS 1) No significant geotechnical conditions which would preclude the extension of Calle Margarita and proposed division of land into five lots were encountered on the site. 2) Grading for the extension of Calle Margarita should anticipate the removal of minor clayey soils and replacement, if necessary, with compacted granular materials. 3) Previous R -value testing for Calle Margarita suggests a structural section of 3.0 inches of asphaltic concrete over 6.0 inches of Class 2 base, over 12 inches of compacted granular subgrade soils. However, final pavement design should be based on R -value testing of subgrade soils during the grading phase. 4) Previous installation of underground utilities for Calle Margarita suggests that the dense sandstone may be excavated with conventional heavy excavating equipment. May 15, 1997 W.O. G- 100063 Page 7 5) In our opinion, each of the proposed lots is developable from a geotechnical viewpoint. However, prior to individual lot development a site specific geotechnical investigation should be performed. If you have any questions, please do not hesitate to contact our office at 755 -8622. This opportunity to be of service is greatly appreciated. Respectfully submitted, COAST GEOTECHNICAL Mark Burwell Geologist * Etp.124147 � 0 ENCLOSURES Vicinity Map Regional Fault Map Geotechnical Map Y C44i Vithaya Singhanet, P.E. Geotechnical Engineer ENCLOSURES loie}s =SIVA I 101 )YNN s 1j Nall `1 101 ]YNN 107 7YIUft/ I 1- II I -- 107 ]YNfl1 1 z 1 1 I I�li� I I '- .. -- ti5 0 o7r,•n neat I -� 5 , 1 ` I CfTY Olr ENC1N17A9 ------------------ CITY OF CARLSBAD N Ril L4` REGIONAL FAULT MAP R 'jig; tilt. I EXMM"MN tQ 11 1 . 7 s 417 M FALLr CL4MWWXMW QDM COCC K4 0 U s M A A A r \lZ i 'S 3C 9M IE $PECLAL HOLUNW4 V4D 7� A; f - A 77 GRAPRIC scus EXISTING PCC DITCH — SEE CARLSBAD / DWG !N —BA, SPOT II e a 0 2 0 T r i n IY �cY IAN P M Il -. i E 9 GEOTECHNICAL MAP (SHOWING GENERAL GEOTECHNICAL CONDITIONS) LEGEND CONTACT (approa.) SANDSTONE, Whitish tan, dense, well - cemented CLAYSTONE, Pale -green clayssone, tan sandy claymore, clayey sandstone COAtr o"I'FCRRICAI 1`1000" N.T.S. SUBDIVISION GUARANTEE Order No. 979031 -U52 Dated: February 25, 1998 at 7:30 A.M. o ,11U1 Subdivision: D INEERI ENC N` ASES CHICAGO TITLE INSURANCE COM Af�l'�tn o� a corporation, herein called the Company GUARANTEES The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are as set forth in Schedule A. Issued by: CHICAGO TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CA 92101 PHONE NO. (619) 239 -6081 FAX NO. (619) 544 -6277 Ar.r John Rau President Thomas J. Adams Secretary Order No: 979031 - US" Dated: February 25, 3 at7:30 A.M. MapNo: Subdivision: Fax Number: (619)544 -6292 SCHEDULE A The map hereinbefore referred to is a subdivision of: PORTION OF REMAINDER PARCEL OF PARCEL MAP NO. 17446, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 14, 1994 AS FILE NO. 1994 - 0657653 OFFICIAL RECORDS. The parties hereinbefore referred to are: OWNERS: CHRISTOPHER S. LLOYD, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AND GREGORY CLEARY, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY LESSEES: NONE TRUST DEED HOLDERS: FIRST CHOICE FORECLOSURE SERVICES, A CALIFORNIA CORPORATION, AS TRUSTEE UNDER DEED OF TRUST RECORDED AUGUST 30, 1990 AS FILE NO. 90- 474480, OFFICIAL RECORDS. CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION , AS TRUSTEE UNDER DEEDS OF TRUST RECORDED APRIL 28, 1993 AS FILE NO. 1993 - 0261335 AND DECEMBER 2, 1993 AS FILE NO. 1993 - 0812963, BOTH OF OFFICIAL RECORDS. EASEMENT HOLDERS: 41) THE SIGNATURE OF THE CITY OF ENCINITAS, OWNER AND /OR HOLDER OF EASEMENTS AS DISCLOSED BY DEED RECORDED JANUARY 31, 1985 AS FILE NO. 85- 033895 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY AND BY DEDICATION SHOWN ON MAP 12816 HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. SEE ATTACHED EXHIBIT AIBDIVA - 1zizziM k Policy No. - Page 1 EXHIBIT (2) THE SIGNATURE OF DANIELS CABLEVISION INC. , OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED APRIL 5, 1994 AS FILE NO. 1994 - 0224539 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (3) THE SIGNATURES OF ROCKWELL D. KING AND CORA S. KING, TRUSTEES OF THE KING LIVING TRUST DATED APRIL 21, 1989, OWNERS OF AN EASEMENT AS DISCLOSED BY DEED RECORDED NOVEMBER 30, 1994 AS FILE NO. 1994 - 0689420 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, SAID EASEMENT ALSO GRANTED AND RESERVED BY VARIOUS INSTRUMENTS OF RECORD, HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. (4) THE SIGNATURE OF OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY , OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED APRIL 25, 1996 AS FILE NOS. 1996 - 0207710 AND 1996 - 0207711, BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. ECIIIBrrB - 12/22/88 OCHICAGO TITLE /l MPS ► � � IMINARY REPORT February 25, 1998 at 7:30 AM Reference: PHASE 6 & RANCH DOUBLE LL RANI T� Order No.: 979031 - U52 Regarding: 2568 LONE JACK ROAD ENCINITAS, CA CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is Important to note that this preliminary report Is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Title Department: CHICAGO TITLE COMPANY fax: ( 7 KEN ROWN TITLE OFFICER PFP --0 104;970k O Escrow Department. CHICAGO TITLE COMPANY CNV CNV fax: CNV SCHEDULE A Order No: 979031 U52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: CHRISTOPHER S. LLOYD, a married man as his sole and separate property, SUBJECT TO PROCEEDINGS PENDING IN THE BANKRUPTCY COURT WHERE A PETITION FOR RELIEF WAS FILED. NAME OF DEBTOR: CHRISTOPHER STEVEN LLOYD DATE OF FILING: OCTOBER 2, 1996 U.S. DISTRICT COURT: SOUTHERN CASE NO: 9613475 AND GREGORY CLEARY, a married man as his sole and separate property, AS THEIR RESPECTIVE INTERESTS APPEAR OF RECORD 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: PORTION OF REMAINDER PARCEL OF PARCEL MAP NO. 17446, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 14, 1994 AS FILE NO. 1994 - 0657653 OFFICIAL RECORDS. SCHEDULE B Page 1 Order No: 979031 U52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A BP CN Bp rs PREB 10/31/87OM 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1997 -98 THAT ARE A LIEN NOT YET DUE. 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1997 -1998. 1ST INSTALLMENT: PENALTY: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $3,604.53 OPEN $360.45 (DUE AFTER DECEMBER 10) $3,604.53 OPEN $370.45 (DUE AFTER APRIL 10) $NONE 19073 264 - 241 -07 -00 3. SAID PROPERTY HAS BEEN DECLARED TAX - DEFAULTED FOR NON- PAYMENT OF DELINQUENT TAXES FOR FISCAL YEAR 1995 -1996 (AND SUBSEQUENT YEARS, IF ANY) AMOUNT TO REDEEM: $10,594.85 IF PAID BY: FEBRUARY 28, 1998 IF PAYMENT IS TO BE MADE THROUGH THIS TITLE ORDER, IN ORDER TO INSURE THAT PAYMENT IS RECEIVED BY THE TAX COLLECTOR IN A TIMELY MANNER, GOOD FUNDS MUST BE IN POSSESSION OF THIS COMPANY AT LEAST 3 BUSINESS DAYS PRIOR TO THE ABOVE DATE. 4. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF ENCINITAS SUCCESSOR IN INTEREST TO THE COUNTY OF SAN DIEGO PURPOSE: OPEN SPACE RECORDED: JANUARY 31, 1985 AS FILE NO. 85- 033895, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. Page 2 Order No: 979031 U52 r J SCHEDULE B (continued) Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY AMOUNT: $1,315,000.00 DATED: AUGUST 23, 1990 TRUSTOR: CHRISTOPHER S. LLOYD, a married man, AND CHRISTOPHER S. LLOYD, AS EXECUTOR OF THE ESTATE OF MARGARITA Z. RECORDED: LLOYD, DECEASED, PROBATE NO. 15976 TRUSTEE: TRANSAMERICA TITLE INSURANCE COMPANY, A California L AN ASSIGNMENT OF Corporation BENEFICIARY: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF AS ASSIGNEE: THE D & C FAMILY TRUST UTD OCTOBER 21, 1982 AS TO AN UNDIVIDED 500 /1,315THS INTEREST; GERALD HANDLER AND JUDITH HANDLER, TRUSTEES OF THE HANDLER TRUST UDT RECORDED: MARCH 4, 1985, AS TO AN UNDIVIDED 215/1,315THS INTEREST; LA JOLLA BANK AND TRUST, TRUSTEE F.B.O. GERALD HANDLER ROLLOVER I.R.A. ACCOUNT #41 -5011, AS TO AN UNDIVIDED 400 /1,315THS INTEREST; DENISE ROSE HANDLER, TRUSTEE OF THE HANDLER CHILDREN'S TRUST UTD AUGUST 27, 1983, AS TO AN UNDIVIDED 200 /1,315THS INTEREST RECORDED: AUGUST 30, 1990 AS FILE NO. 90- 474480, OFFICIAL RECORDS AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN AND OTHER LAND. x AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: HOMEFED TRUST AS SUCCESSOR TRUSTEE OF THE GERALD HANDLER ROLLOVER IRA PLAN, AN UNDIVIDED 400 /1,315THS RECORDED: JUNE 17, 1991 AS FILE NO. 1991 - 0288363, OFFICIAL RECORDS L AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UDT OCTOBER 21, 1982, AN UNDIVIDED 215/1,315TH RECORDED: OCTOBER 30, 1992 AS FILE NO. 1992 - 0694798, OFFICIAL RECORDS SCHEDULE B Page 3 (continued) Order No: 979031 U52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH n MODIFICATION AGREEMENT AND ADDITIONAL ADVANCE TO BE SECURED BY SAID DEED OF TRUST, AS DISCLOSED BY AN INSTRUMENT: AMOUNT OF ADVANCE: $785,000.00 RECORDED: OCTOBER 30, 1992 AS FILE NO. 1992 - 0694799, OFFICIAL RECORDS N MODIFICATION AGREEMENT AND ADDITIONAL ADVANCE TO BE SECURED BY SAID DEED OF TRUST AMOUNT OF ADVANCE: $200,000.00 RECORDED FEBRUARY 22, 1994 AS FILE NO. 1994- 0117932 CP A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE SUBSTITUTED TRUSTEE, THE FOLLOWING TRUSTEE: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE NO. 1996 - 0247798, 799 AND 800 .OFFICIAL RECORDS Cp A NOTICE OF DEFAULT UNDER THE TERMS OF SAID DEED OF TRUST EXECUTED BY: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE NO. 1996 - 0247802, OFFICIAL RECORDS .N1 total cl9]z1111i0*1IR l0:4Dw,1.9aM5l111JUoka-9a\ /an 051:4 Owe) oillWUaftI EXECUTED BY: FIRST CHOICE FORECLOSURE SERVICES DATE & TIME OF SALE: SEPTEMBER 19, 1996 AT 1:00 P.M. PLACE OF SALE: MAIN ENTRANCE WALKWAY, 9663 TIERRA GRANDE STREET, SAN DIEGO, CA 92126 RECORDED: AUGUST 30, 1996 AS FILE NO. 1996 - 0443151, OFFICIAL RECORDS O 7. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: SEPTEMBER 6, 1990 BY AND BETWEEN: CHRISTOPHER S. LLOYD RECORDED: NOVEMBER 20, 1990 , AS FILE NO. 90- 0624192 OF OFFICIAL RECORDS REGARDING: PRIVATE ROAD MAINTENANCE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS Page 4 Order No: 979031 U52 SCHEDULE B (continued) Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH P 8. A COVENANT AND AGREEMENT EXECUTED BY: BARRATT AMERICAN INCORPORATED, IN FAVOR OF: CHRISTOPHER S. LLOYD, RECORDED: FEBRUARY 25, 1991 AS FILE NO. 1991 - 0061600 OF OFFICIAL RECORDS, WHICH, AMONG OTHER THINGS, PROVIDES: IMPROVEMENT OF LONE SACK ROAD. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 5 9. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: APRIL 18, 1991 BY AND BETWEEN: CHRISTOPHER S. LLOYD, ET AL RECORDED: APRIL 19, 1991 , AS FILE NO. 1991 - 0178724 OF OFFICIAL RECORDS REGARDING: MAINTENANCE AND LANDSCAPING OF EASEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS U 10. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991 - 0201873 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. v 11. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991- 0201874 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. w 12. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991 - 0201875 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. x 13. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991 - 0201876 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. r 14. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991- 0201877 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. z 15. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN ON MAP OF SAID TRACT. PREUMBG9 /23/93Ek SCHEDULE B Page 5 (continued) Order No: 979031 U52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH EASEMENT PURPOSE: RECREATIONAL TRAIL TOGETHER WITH THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID EASEMENT AFFECTS: AS SHOWN ON SAID MAP 12816 AB 16. EASEMENT FOR OPEN SPACE GRANTED TO THE CITY OF ENCINTAS AND REJECTED ON SAID MAP 12816. A,1 17. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCUMENT RECORDED: MARCH 27, 1992 AS FILE NO. 1992 - 0175473, OFFICIAL REC AI SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. AJ 18. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MARCH 25, 1992 BY AND BETWEEN: CHRISTOPHER S. LLOYD, GREGORY CLEARY AND CHRISTOPHER S. LLOYD, TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF MARGARITA Z. LLOYD DATED SEPTEMBER 11, 1960 RECORDED: MARCH 27, 1992 , AS FILE NO. 1992 - 0175474 OF OFFICIAL RECORDS REGARDING: PRIVATE ROAD MAINTENANCE & COST SHARING REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AT 19. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $300,000.00 DATED: APRIL 28, 1993 TRUSTOR: CHRISTOPHER S. LLOYD, A MARRIED MAN, CHRISTOPHER S. LLOYD AS TRUSTEE OF THE GREGORY TRUST UNDER WILL OF MARGARITA Z. LLOYD DATED 9/11/80, AND GREGORY J. CLEARY TRUSTEE: COMMONWEALTH LAND TITLE COMPANY, A California Corporation BENEFICIARY: JOSEPH DE LA VARA AND GLORIA DE LA VARA, husband and wife as joint tenants RECORDED: APRIL 28, 1993 AS FILE NO. 1993 - 0261335, OFFICIAL RECORDS YXbUMtl 9/2]j93bk Page 6 S(coonttiin ed) B Order No: 979031 U52 Your Ref: - PHASE 6 & RANCH DOUBLE LL RANCH AU AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN AND OTHER LAND. CR A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE SUBSTITUTED TRUSTEE, THE FOLLOWING TRUSTEE: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE NO. 1996 - 0247805, OFFICIAL RECORDS Cs A NOTICE OF DEFAULT UNDER THE TERMS OF SAID DEED OF TRUST EXECUTED BY: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE NO. 1996 - 0247806, OFFICIAL RECORDS CY AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UTD OCTOBER 21, 1982, AS TO AN UNDIVIDED FIFTY PERCENT (50%) INTEREST, AND GERALD HANDLER AND JUDITH HANDLER, TRUSTEES OF THE HANDLER TRUST UTD MARCH 4, 1985, AS TO AN UNDIVIDED FIFTY PERCENT (501) INTEREST RECORDED: AUGUST 15, 1996 AS FILE NO. 1996 - 0416899 OFFICIAL RECORDS. Cz A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE SUBSTITUTED TRUSTEE, THE FOLLOWING TRUSTEE: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UTD OCTOBER 21, 1982, AS TO AN UNDIVIDED FIFTY PERCENT (50 %) INTEREST, AND GERALD HANDLER AND JUDITH HANDLER, TRUSTEES OF THE HANDLER TRUST UTD MARCH 4, 1985, AS TO AN UNDIVIDED FIFTY PERCENT (50 %) INTEREST RECORDED: SEPTEMBER 10, 1996 AS FILE NO. 1996 - 0459273, OFFICIAL RECORDS. Az 20. A DEED OF TRUST TO SECURE PERFORMANCE UNDER AN AGREEMENT REFERRED TO THEREIN, AND ANY OTHER OBLIGATIONS SECURED THEREBY PRELIMBC 9/23/93bk Page 7 SCHEDULE B (continued) Order No: 979031 U52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH DATED: NOVEMBER, 1993 TRUSTOR: CHRISTOPHER S. LLOYD, TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF MARGARITY Z. LLOYD DATED SEPTEMBER 11, 1980; CHRISTOPHER S. LLOYD, a married man as his sole and separate property; AND GREGORY CLEARY, a married man as his sole and separate property TRUSTEE: Chicago Title Company, A California Corporation BENEFICIARY: EUGENE AND BARBARA HIRSCHKOFF RECORDED: DECEMBER 2, 1993 AS FILE NO. 1993 - 0812963, OFFICIAL BA AFFECTS LOT 7 BB 21. A COVENANT AND AGREEMENT EXECUTED BY: CHRISTOPHER S. LLOYD IN FAVOR OF: CITY OF ENCINITAS RECORDED: MARCH 1, 1994 AS FILE NO. 1994 - 0136480, OFFICIAL RECORDS WHICH AMONG OTHER THINGS PROVIDES: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. BC 22. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: DANIELS CABLEVISION INC. PURPOSE: A CABLE TELEVISION SYSTEM RECORDED: APRIL 5, 1994 AS FILE NO. 1994- 0224539 AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. BD REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BE 23. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JULY 27, 1994 BY AND BETWEEN: CHRISTOPHER S. LLOYD, AS TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF MARGARITA Z. LLOYD, CHRISTOPHER S. LLOYD, AND GREGORY CLEARY RECORDED: NOVEMBER 10, 1994 AS FILE NO. 1994 - 0656460 OF OFFICIAL RECORDS REGARDING: PRIVATE ROAD MAINTENANCE FOR TPM 93 -053, W.O. NO. 3706PM REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. Pay a SCHEDULE B (continued) Order No: 979031 U52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH BF 24. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN ON MAP OF SAID TRACT. EASEMENT PURPOSE: PROPOSED 32 FOOT PRIVATE ROAD EASEMENT AFFECTS: AS SHOWN ON PARCEL MAP 17446 EASEMENT PURPOSE: AFFECTS: Bc 25. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: ROCKWELL D. KING AND CORA S. KING, TRUSTEES OF THE KING LIVING TRUST DATED APRIL 21, 1969. PURPOSE: ROAD AND UTILITY PURPOSES RECORDED: NOVEMBER 30, 1994 AS FILE NO. 1994 - 0689420, OFFICIAL RECORDS AFFECTS: THAT PORTION OF PARCEL MAP 17446 DELINEATED AND DESIGNATED AS PROPOSED 32.00 FOOT PRIVATE ROAD EASEMENT BT 26. A TAX LIEN FOR THE AMOUNT SHOWN AND ANY OTHER AMOUNTS DUE, IN FAVOR OF THE UNITED STATES OF AMERICA, ASSESSED BY THE DISTRICT DIRECTOR OF INTERNAL REVENUE. FEDERAL SERIAL NO.: 3301 -6992 TAXPAYER: ESTATE OF MARGARITA LLOYD, INTEREST HOLDERS: CHRISTOPHER LLOYD AND GREGORY CLEARY AMOUNT: $390,494.08 RECORDED: MARCH 18, 1996 AS FILE NO. 1996 - 0132504, OFFICIAL RECORDS. Co 27. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY PURPOSE: PIPELINE OR PIPELINES AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS RECORDED: APRIL 25, 1996 AS FILE NO. 1996 - 0207710, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. Pl LIMUU 9/23193DM SCHEDULE B Page 9 (continued) Order No: 979031 U52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH co 28. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY PURPOSE: PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES RECORDED: APRIL 25, 1996 AS FILE NO. 1996 - 0207711, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. CT 29. A CLAIM OF MECHANIC'S LIEN AMOUNT: $9,859.69 CLAIMANT: SIM J. HARRIS COMPANY RECORDED: AUGUST 9, 1996 AS FILE NO. 1996 - 0405169, OFFICIAL RECORDS Cx A NOTICE OF PENDING ACTION TO FORECLOSE SAID LIEN COUNTY: SAN DIEGO COURT: MUNICIPAL CASE NO.: N072656 RECORDED: OCTOBER 4, 1996 AS FILE NO. 1996 - 0506336, OFFICIAL RECORDS Cv 30. THE FACT THAT SAID LAND LIES WITHIN THE OLIVENHAIN MUNICIPAL WATER DISTRICT, ASSESSMENT DISTRICT NO. 96 -1, OLIVENHAIN WATER STORAGE PROJECT, AS DISCLOSED BY ASSESSMENT DISTRICT BOUNDARY MAPS, RECORDED SEPTEMBER 3, 1996 AS FILE NO. 1996 - 0446016, ASSESSMENT DISTRICT DIAGRAM RECORDED OCTOBER 8, 1996 AS FILE NO. 1996 - 0510864 AND 1996 - 0511030, ALL OF OFFICIAL RECORDS. Cw 31. A DOCUMENT ENTITLED "NOTICE OF ASSESSMENT ", DATED OCTOBER 8, 1996 EXECUTED BY OLIVENHAIN MUNICIPAL WATER DISTRICT , SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED OCTOBER 8, 1996 AS FILE NO. 1996 - 0511031 AND 1996 - 0511032, BOTH OF OFFICIAL RECORDS. D9 32. A DOCUMENT ENTITLED "COVENANT REGARDING REAL PROPERTY ", DATED FEBRUARY 12, 1996 EXECUTED BY CHRISTOPHER S. LLOYD AND GREGORY CLEARY AND THE CITY OF ENCINITAS , SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED FEBRUARY 24, 1998 AS FILE NO. 1998 - 0096885, OFFICIAL RECORDS. Cx 33, THE COMMUNITY INTEREST OF THE SPOUSE OF THE VESTEE NAMED BELOW. VESTEE: VHEUMBU- 9/23/Wbk CHRISTOPHER S. LLOYD Page 10 Order No: 979031 U52 SCHEDULE B (continued) Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH CL 34. THE COMMUNITY INTEREST OF THE SPOUSE OF THE VESTEE NAMED BELOW. VESTEE: GREGORY CLEARY as 35. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. BB END OF SCHEDULE B Br NOTE NO. 1: IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE TRUST INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COPY IS A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED, THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED. B,T NOTE NO. 2. A CERTIFICATE OF COMPLIANCE ISSUED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF ENCINITAS, RECORDED FEBRUARY 19, 1993 AS FILE NO. 1993 - 0106697, OFFICIAL RECORDS. Bx NOTE NO. 3. A CERTIFICATE OF COMPLIANCE ISSUED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF ENCINITAS, RECORDED FEBRUARY 19, 1993 AS FILE NO. 1993- 0106698, OFFICIAL RECORDS. !!r. NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB- ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121 - 000358 CREDIT TO CHICAGO TITLE SUB- ESCROW DEPOSITORY ACCOUNT NO. 12359 -50752 FURTHER CREDIT TO ORDER NO: 000979031 ATTN: KEN BROWN TITLE OFFICER rnc�mn�n /za /wog SCHEDULE B Page 11 (continued) Order No: 979031 U52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH n JSD P EUMSC- BIMMbk CHICAGO TI-I Issuing Office: 925 B STREET SAN DIEGO,CA 92101 (619)239 -6081 TIM NAGLE CONWAY & ASSOCIATES 135 -A LIVERPOOL DRIVE CARDIFF, CA 92007 s COMPANY FIFTH AMENDED Dated as of August 25, 1997 at 7:30 AM Escrow tiaoC��igB: IIItJIf'11� {111 SlE'P IlSS22 1997LS U ENGINEERING SERVICES Escrow No.CIi0i0W7RR�A,,\'ITAS Order No. _ 979031 52 Reference: PHASE 6 & RANCH DOUBLE LL RANCH Regarding: 2568 LONE JACK ROAD ENCINITAS, CA In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached list. Copies of the Policy forms should be read. They are available from the office which issued the report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY OG✓1'-� Tills OfTickr KEN BROWN 0 01 V SCHEDULE A Order No: 979031 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH 1. The estate or interest in the land hereinafter described or referred to covered by this report is: 1:l4t12A 2. Title to said estate or interest at the date hereof is vested in: CHRISTOPHER S. LLOYD, a married man as his sole and separate property, SUBJECT TO PROCEEDINGS PENDING IN THE BANKRUPTCY COURT WHERE A PETITION FOR RELIEF WAS FILED. NAME OF DEBTOR: CHRISTOPHER STEVEN LLOYD DATE OF FILING: OCTOBER 2, 1996 U.S. DISTRICT COURT: SOUTHERN CASE NO: 9613475 AND GREGORY CLEARY, a married man as his sole and separate property, AS THEIR RESPECTIVE INTERESTS APPEAR OF RECORD 3. The land referred to in this report is situated in the Stale of California, County of SAN DIEGO and is described as follows: PORTION OF REMAINDER PARCEL OF PARCEL MAP NO. 17446, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 14, 1994 AS FILE NO. 1994 - 0657653 OFFICIAL RECORDS. SCHEDULE B Page 1 Order No: 979031 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: CN F 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1997 -98 THAT ARE A LIEN NOT YET DUE. 2. SAID PROPERTY HAS BEEN DECLARED TAX- DEFAULTED FOR NON- PAYMENT OF DELINQUENT TAXES FOR FISCAL YEAR 1995 -1996 (AND SUBSEQUENT YEARS, IF ANY) AMOUNT TO REDEEM: $9,852.29 IF PAID BY: AUGUST 31, 1997 IF PAYMENT IS TO BE MADE THROUGH THIS TITLE ORDER, IN ORDER TO INSURE THAT PAYMENT IS RECEIVED BY THE TAX COLLECTOR IN A TIMELY MANNER, GOOD FUNDS MUST BE IN POSSESSION OF THIS COMPANY AT LEAST 3 BUSINESS DAYS PRIOR TO THE ABOVE DATE. 3. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE COUNTY OF SAN DIEGO PURPOSE: OPEN SPACE RECORDED: JANUARY 31, 1985 AS FILE NO. 85- 033895, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY AMOUNT: $1,315,000.00 DATED: AUGUST 23, 1990 TRUSTOR: CHRISTOPHER S. LLOYD, a married man, AND CHRISTOPHER S. LLOYD, AS EXECUTOR OF THE ESTATE OF MARGARITA Z. LLOYD, DECEASED, PROBATE NO. 15976 TRUSTEE: TRANSAMERICA TITLE INSURANCE COMPANY, A California Corporation BENEFICIARY: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UTD OCTOBER 21, 1982 AS TO ti SCHEDULE B Page 2 (continued) (hdcr No: 979031 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH AN UNDIVIDED 500 /1,315THS INTEREST; GERALD HANDLER AND JUDITH HANDLER, TRUSTEES OF THE HANDLER TRUST UDT MARCH 4, 1985, AS TO AN UNDIVIDED 215/1,315THS INTEREST; LA JOLLA BANK AND TRUST, TRUSTEE F.B.O. GERALD HANDLER ROLLOVER I.R.A. ACCOUNT #41 -5011, AS TO AN UNDIVIDED 400 /1,315THS INTEREST; DENISE ROSE HANDLER, TRUSTEE OF THE HANDLER CHILDREN'S TRUST UTD AUGUST 27, 1983, AS TO AN UNDIVIDED 200 /1,315THS INTEREST RECORDED: AUGUST 30, 1990 AS FILE NO. 90- 474480, OFFICIAL RECORDS AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN AND OTHER LAND. F AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: HOMEFED TRUST AS SUCCESSOR TRUSTEE OF THE GERALD HANDLER ROLLOVER IRA PLAN, AN UNDIVIDED 400 /1,315THS RECORDED: JUNE 17, 1991 AS FILE NO, 1991 - 0288363, OFFICIAL RECORDS AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UDT OCTOBER 21, 1982, AN UNDIVIDED 215/1,315TH RECORDED: OCTOBER 30, 1992 AS FILE NO. 1992- 0694798, OFFICIAL RECORDS .. MODIFICATION AGREEMENT AND ADDITIONAL ADVANCE TO BE SECURED BY SAID DEED OF TRUST. AS DISCLOSED BY AN INSTRUMENT: AMOUNT OF ADVANCE: $785,000.00 RECORDED: OCTOBER 30, 1992 AS FILE NO. 1992- 0694799, OFFICIAL RECORDS m' MODIFICATION AGREEMENT AND ADDITIONAL ADVANCE TO BE SECURED BY SAID DEED OF TRUST AMOUNT OF ADVANCE: $200,000.00 RECORDED FEBRUARY 22, 1994 AS FILE NO. 1994- 0117932 ✓GEUMBC 9; 23.93EM Page 3 w Order No: 979031 SCHEDULE B (continued) 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE SUBSTITUTED TRUSTEE, THE FOLLOWING TRUSTEE: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE.NO. 1996 - 0247798, 799 AND 800 .OFFICIAL RECORDS A NOTICE OF DEFAULT UNDER THE TERMS OF SAID DEED OF TRUST EXECUTED BY: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE NO. 1996 - 0247802, OFFICIAL RECORDS CU A NOTICE OF TRUSTEE'S SALE UNDER SAID DEED OF TRUST EXECUTED BY: FIRST CHOICE FORECLOSURE SERVICES DATE & TIME OF SALE: SEPTEMBER 19, 1996 AT 1:00 P.M. PLACE OF SALE: MAIN ENTRANCE WALKWAY, 9663 TIERRA GRANDE STREET, SAN DIEGO, CA 92126 RECORDED: AUGUST 30, 1996 AS FILE NO. 1996- 0443151, OFFICIAL RECORDS 6. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: SEPTEMBER 6, 1990 BY AND BETWEEN: CHRISTOPHER S. LLOYD RECORDED: NOVEMBER 20, 1990 , AS FILE NO. 90- 0624192 OF OFFICIAL RECORDS REGARDING: PRIVATE ROAD MAINTENANCE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS 7. A COVENANT AND AGREEMENT EXECUTED BY: BARRATT AMERICAN INCORPORATED, IN FAVOR OF: CHRISTOPHER S. LLOYD, RECORDED: FEBRUARY 25, 1991 AS FILE NO. 1991 - 0081600 OF OFFICIAL RECORDS, WHICH, AMONG OTHER THINGS, PROVIDES: IMPROVEMENT OF LONE JACK ROAD. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 8. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: APRIL 18, 1991 BY AND BETWEEN: CHRISTOPHER S. LLOYD, ET AL RECORDED: APRIL 19, 1991 , AS FILE NO. 1991 - 0176724 OF OFFICIAL RECORDS . _ , J 33h1 Page 4 Order No: 979031 SCHEDULE B (continued) 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH REGARDING: MAINTENANCE AND LANDSCAPING OF EASEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. U 9. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991 - 0201873 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. 10. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991 - 0201874 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. 11. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991 - 0201875 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. x 12. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991 - 0201876 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. 13. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991 - 0201877 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. 14. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN ON MAP OF SAID TRACT. EASEMENT PURPOSE: RECREATIONAL TRAIL TOGETHER WITH THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID EASEMENT AFFECTS: AS SHOWN ON SAID MAP 12816 :.s 15. EASEMENT FOR OPEN SPACE GRANTED AND REJECTED ON SAID MAP 12816. ax 16. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCUMENT mna Paec 5 Oidcr No: 979031 SCHEDULE B (continued) 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH RECORDED: MARCH 27, 1992 AS FILE NO. 1992 - 0175473, OFFICIAL REC SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 17. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MARCH 25, 1992 BY AND BETWEEN: CHRISTOPHER S. LLOYD, GREGORY CLEARY AND CHRISTOPHER S. LLOYD, TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF MARGARITA Z. LLOYD DATED SEPTEMBER 11, 1980 RECORDED: MARCH 27, 1992 , AS FILE NO. 1992 - 0175474 OF OFFICIAL RECORDS REGARDING: PRIVATE ROAD MAINTENANCE & COST SHARING REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 18. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $300,000.00 DATED: APRIL 28, 1993 TRUSTOR: CHRISTOPHER S. LLOYD, A MARRIED MAN, CHRISTOPHER S. LLOYD AS TRUSTEE OF THE GREGORY TRUST UNDER WILL OF MARGARITA Z. LLOYD DATED 9/11/80, AND GREGORY J. CLEARY TRUSTEE: COMMONWEALTH LAND TITLE COMPANY, A California Corporation BENEFICIARY: JOSEPH DE LA VARA AND GLORIA DE LA VARA, husband and wife as joint tenants RECORDED: APRIL 28, 1993 AS FILE NO. 1993- 0261335, OFFICIAL RECORDS Au AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN AND OTHER LAND. A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE SUBSTITUTED TRUSTEE, THE FOLLOWING TRUSTEE: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE NO. 1996 - 0247805, OFFICIAL RECORDS A NOTICE OF DEFAULT UNDER THE TERMS OF SAID DEED OF TRUST IRELIMBC 9/23/93bs Page 6 Order No: 979031 M kl% 7, SCHEDULE B (continued) 52 Your Re(: PHASE 6 & RANCH DOUBLE LL RANCH EXECUTED BY: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE NO. 1996 - 0247806, OFFICIAL RECORDS AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UTD OCTOBER 21, 1982, AS TO AN UNDIVIDED FIFTY PERCENT (50 %) INTEREST, AND GERALD HANDLER AND JUDITH HANDLER, TRUSTEES OF THE HANDLER TRUST UTD MARCH 4, 1985, AS TO AN UNDIVIDED FIFTY PERCENT (50 %) INTEREST RECORDED: AUGUST 15, 1996 AS FILE NO. 1996 - 0416899 OFFICIAL RECORDS. A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE SUBSTITUTED TRUSTEE, THE FOLLOWING TRUSTEE: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UTD OCTOBER 21, 1982, AS TO AN UNDIVIDED FIFTY PERCENT (50 %) INTEREST, AND GERALD HANDLER AND JUDITH HANDLER, TRUSTEES OF THE HANDLER TRUST UTD MARCH 4, 1985, AS TO AN UNDIVIDED FIFTY PERCENT (50%) INTEREST RECORDED: SEPTEMBER 10, 1996 AS FILE NO. 1996 - 0459273, OFFICIAL RECORDS. 19. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MAY 7, 1993 BY AND BETWEEN: OLIVENHAIN MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT AND CHRIS LLOYD RECORDED: MAY 18, 1993 AS FILE NO. 1993 - 0312187 OF OFFICIAL RECORDS REGARDING: AGREEMENT TO PROVIDE WATER SERVICE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 20. A DEED OF TRUST TO SECURE PERFORMANCE UNDER AN AGREEMENT REFERRED TO THEREIN, AND ANY OTHER OBLIGATIONS SECURED THEREBY DATED: NOVEMBER, 1993 TRUSTOR: CHRISTOPHER S. LLOYD, TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF MARGARITY Z. LLOYD DATED SEPTEMBER 11, 1980; CHRISTOPHER S. LLOYD, a married man as his PREUMBC- RIM /Oce Page 7 4 Order No: 979031 SCHEDULE B (continued) 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH sole and separate property; AND GREGORY CLEARY, a married man as his sole and separate property TRUSTEE: Chicago Title Company, A California Corporation BENEFICIARY: EUGENE AND BARBARA HIRSCHKOFF RECORDED: DECEMBER 2, 1993 AS FILE NO. 1993 - 0812963, OFFICIAL Ea AFFECTS LOT 7 SF 21. A COVENANT AND AGREEMENT EXECUTED BY: CHRISTOPHER S. LLOYD IN FAVOR OF: CITY OF ENCINITAS RECORDED: MARCH 1, 1994 AS FILE NO. 1994 - 0136480, OFFICIAL RECORDS WHICH AMONG OTHER THINGS PROVIDES: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. _._ 22. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: DANIELS CABLEVISION INC. PURPOSE: A CABLE TELEVISION SYSTEM RECORDED: APRIL 5, 1994 AS FILE NO. 1994- 0224539 AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. BD REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BE 23. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JULY 27, 1994 BY AND BETWEEN: CHRISTOPHER S. LLOYD, AS TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF MARGARITA Z. LLOYD, CHRISTOPHER S. LLOYD, AND GREGORY CLEARY RECORDED: NOVEMBER 11, 1994 AS FILE NO. 1994 - 0656460 OF OFFICIAL RECORDS REGARDING: PRIVATE ROAD MAINTENANCE FOR TPM 93 -053, W.O. NO. 3706PM REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BF 24. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN ON MAP OF SAID TRACT. EASEMENT 'RELIMBC 9123/99EK Page e Order No: 979031 SCHEDULE B (continued) 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH PURPOSE: PROPOSED 32 FOOT PRIVATE ROAD EASEMENT AFFECTS: AS SHOWN ON PARCEL MAP 17446 EASEMENT PURPOSE: AFFECTS: BG 25. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: ROCKWELL D. KING AND CORA S. KING, TRUSTEES OF THE KING LIVING TRUST DATED APRIL 21, 1989. PURPOSE: ROAD AND UTILITY PURPOSES RECORDED: NOVEMBER 30, 1994 AS FILE NO. 1994 - 0689420, OFFICIAL RECORDS AFFECTS: THAT PORTION OF PARCEL MAP 17446 DELINEATED AND DESIGNATED AS PROPOSED 32.00 FOOT PRIVATE ROAD EASEMENT BT 26. A TAX LIEN FOR THE AMOUNT SHOWN AND ANY OTHER AMOUNTS DUE, IN FAVOR OF THE UNITED STATES OF AMERICA, ASSESSED BY THE DISTRICT DIRECTOR OF INTERNAL REVENUE. FEDERAL SERIAL NO.: 3301 -6992 TAXPAYER: ESTATE OF MARGARITA LLOYD, INTEREST HOLDERS: CHRISTOPHER LLOYD AND GREGORY CLEARY AMOUNT: $390,494.08 RECORDED: MARCH 18, 1996 AS FILE NO. 1996 - 0132504, OFFICIAL RECORDS. 27. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY PURPOSE: PIPELINE OR PIPELINES AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS RECORDED: APRIL 25, 1996 AS FILE NO. 1996 - 0207710, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 28. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY PRELIMBC- 9:2W93Gk Page 9 Order Nu: 979031 SCHEDULE B (continued) 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH PURPOSE: PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES RECORDED: APRIL 25, 1996 AS FILE NO. 1996 - 0207711, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 'T 29. A CLAIM OF MECHANIC'S LIEN AMOUNT: $9,859.69 CLAIMANT: SIM J. HARRIS COMPANY RECORDED: AUGUST 9, 1996 AS FILE NO. 1996 - 0405169, OFFICIAL RECORDS A NOTICE OF PENDING ACTION TO FORECLOSE SAID LIEN COUNTY: SAN DIEGO COURT: MUNICIPAL CASE NO.: N072656 RECORDED: OCTOBER 4, 1996 AS FILE NO. 1996 - 0506336, OFFICIAL RECORDS 30. THE FACT THAT SAID LAND LIES WITHIN THE OLIVENHAIN MUNICIPAL WATER DISTRICT, ASSESSMENT DISTRICT NO. 96 -1, OLIVENHAIN WATER STORAGE PROJECT, AS DISCLOSED BY ASSESSMENT DISTRICT BOUNDARY MAPS, RECORDED SEPTEMBER 3, 1996 AS FILE NO. 1996 - 0446016, ASSESSMENT DISTRICT DIAGRAM RECORDED OCTOBER 8. 1996 AS FILE NO. 1996 - 0510864 AND 1996 - 0511030, ALL OF OFFICIAL RECORDS. rw 31. A DOCUMENT ENTITLED "NOTICE OF ASSESSMENT ", DATED OCTOBER 8, 1996 EXECUTED BY OLIVENHAIN MUNICIPAL WATER DISTRICT , SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED OCTOBER 8, 1996 AS FILE NO. 1996 - 0511031 AND 1996 - 0511032, BOTH OF OFFICIAL RECORDS. A M RH 32. THE COMMUNITY INTEREST OF THE SPOUSE OF THE VESTEE NAMED BELOW. VESTEE: CHRISTOPHER S. LLOYD 33. THE COMMUNITY INTEREST OF THE SPOUSE OF THE VESTEE NAMED BELOW. VESTEE: GREGORY CLEARY 34. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. 'HELIMBU W23193M END OF SCHEDULE B Page 10 Order No: 979031 52 SCHEDULE B (continued) Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH NOTE NO. 1: IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE TRUST INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COPY IS A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED, THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN,REVOKED OR TERMINATED. ..: NOTE NO. 2. A CERTIFICATE OF COMPLIANCE ISSUED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF ENCINITAS, RECORDED FEBRUARY 19, 1993 AS FILE NO. 1993 - 0106697, OFFICIAL RECORDS. =s NOTE NO. 3. A CERTIFICATE OF COMPLIANCE ISSUED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF ENCINITAS, RECORDED FEBRUARY 19, 1993 AS FILE NO. 1993 - 0106698, OFFICIAL RECORDS. NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB- ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121 - 000358 CREDIT TO CHICAGO TITLE SUB- ESCROW DEPOSITORY ACCOUNT NO, 12359 -50752 FURTHER CREDIT TO ORDER NO: 000979031 ATTN: KEN BROWN TITLE OFFICER r+.v JSD CHICAGO TITLE COMPANY 925 B" STREET SAN DIEGO, CA 92101 (619)239 -6081 Fax: SUBDIVISION GUARANTEE Order No. 979031 - 52 Fee: S Dated: August 25, 1997 at 7:30 A.M. Map No. Subdivision: CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The County of sAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws. impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are as set forth in Schedule A. v,-71� C� aL,� 4"a-Z Thomas J. Adams Richard L. Pullav Secretary President ............. Authorized Signature S11aFACE 11 /A /!6 Order No: 979031 -52 Dated: August 25, 199 at7:30 A.M. Subdivision: SCHEDULE A The map hereinbefore referred to is a subdivision of: tapNo : Fax Number: (619)544 -6292 PORTION OF REMAINDER PARCEL OF PARCEL MAP NO. 17446, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 14, 1994 AS FILE NO. 1994- 0657653 OFFICIAL RECORDS. The parties hereinbefore referred to are: OWNERS: CHRISTOPHER S. LLOYD, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AND GREGORY CLEARY, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY LESSEES: NONE TRUST DEED HOLDERS: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UTD OCTOBER 21, 1982, HOMEFED TRUST AS SUCCESSOR TRUSTEE OF THE GERALD HANDLER ROLLOVER IRA PLAN, AND DENISE ROSE HANDLER, TRUSTEE OF THE HANDLER CHILDREN'S TRUST UTD AUGUST 27, 1983 , AS BENEFICIARY UNDER DEED OF TRUST RECORDED AUGUST 30, 1990 AS FILE NO. 90- 474480, OFFICIAL RECORDS. DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UTD OCTOBER 21, 1982, AND GERALD HANDLER AND JUDITH HANDLER, TRUSTEES OF THE HANDLER TRUST UTD MARCH 4, 1985 , AS BENEFICIARY UNDER DEED OF TRUST RECORDED APRIL 28, 1993 AS FILE NO. 1993 - 0261335, OFFICIAL RECORDS. CHICAGO TITLE COMPANY, AS TRUSTEE UNDER DEED OF TRUST RECORDED DECEMBER 2, 1993 AS FILE NO. 1993 - 0812963, OFFICIAL RECORDS. EASEMENT HOLDERS: SEE ATTACHED EXHIBIT SUBDIVA- 13 /n /M Policy No. - Page 1 EXHIBIT (1) THE SIGNATURE OF THE COUNTY OF SAN DIEGO , OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED JANUARY 31, 1985 AS FILE NO. 85- 033895 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY AND DEDICATION SHOWN ON MAP 12816 HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (2) THE SIGNATURE OF DANIELS CABLEVISION INC. , OWNER OF AN EASEMENT AS DISCLOSED B'i DEED RECORDED APRIL 5, 1994 AS FILE NO. 1994 - 0224539 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVEP!IMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (3) THE SIGNATURES OF ROCKWELL D. KING AND CORA S. KING, TRUSTEES OF THE KING LIVING TRUST DATED APRIL 21, 1989 , OWNERS OF AN EASEMENT AS DISCLOSED BY DEED RECORDED NOVEMBER 30, 1994 AS FILE NO. 1994 - 0689420 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. (4) THE SIGNATURE OF OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY , OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED APRIL 25, 1996 AS FILE NOS, 1996 - 0207710 AND 1996 - 0207711, BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE :_ NOT REQUIRED BY THE GOVERNING BODY. ecwBrtB - 12/22/M CHICAGO TI'x E COMPANY Issuing Office: CHRISTOPHER LLOYD CHRISTOPHER LLOYD 3615 FORTUNA RANCH ROAD ENCINITAS, CA 92024 THIRD AMENDED Dated as of May 7, 1997 at 7:30 AM Order No. 000979031 52 Reference: PHASE 6 & RANCH DOUBLE LL RANCH Regarding: 2568 LONE SACK ROAD ENCINITAS, CA In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached list. Copies of the Policy forms should be read. They are available from the office which issued the report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF .A POLICY OFTITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY KEN BROWN PFPG4- 11/07/94" G✓iL SCHEDULE A nrAprNn alonli S7 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: CHRISTOPHER S. LLOYD, a married man as his sole and separate property, SUBJECT TO PROCEEDINGS PENDING IN THE BANKRUPTCY COURT WHERE A PETITION FOR RELIEF WAS FILED- NAME OF DEBTOR: CHRISTOPHER STEVEN LLOYD DATE OF FILING: OCTOBER 2, 1996 U.S. DISTRICT COURT: SOUTHERN CASE NO: 9613475 AND GREGORY CLEARY, a married man as his sole and separate property. AS THEIR RESPECTIVE INTERESTS APPEAR OF RECORD 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: REMAINDER PARCEL OF PARCEL MAP NO. 17446, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 14, 1994 AS FILE NO. 1994 - 0657653 OFFICIAL RECORDS. �GiJNA 9,27 91b. SCHEDULE B Page 1 Order No: 979031 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would he as follows: A BP G9 s0 C PREUMB- 6/7191 1¢ 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1997 -98 THAT ARE A LIEN NOT YET DUE- 2- PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996 -1997. 1ST INSTALLMENT: PENALTY: 2ND INSTALLMENT: PENALTY AND COST HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $2,756.30 OPEN $275.63 (DUE AFTER DECEMBER 10) $2,756.30 OPEN $285.63 (DUE AFTER APRIL 10) $NONE 19073 264 - 241 -07 -00 3. SAID PROPERTY HAS BEEN DECLARED TAX- DEFAULTED FOR NON- PAYMENT OF DELINQUENT TAXES FOR FISCAL YEAR 1995 -1996 (AND SUBSEQUENT YEARS, IF ANY) AMOUNT TO REDEEM: $3,530.91 IF PAID BY: JUNE 30, 1997 IF PAYMENT IS TO BE MADE THROUGH THIS TITLE ORDER, IN ORDER TO INSURE THAT PAYMENT IS RECEIVED BY THE TAX COLLECTOR IN A TIMELY MANNER, GOOD FUNDS MUST BE IN POSSESSION OF THIS COMPANY AT LEAST 3 BUSINESS DAYS PRIOR TO THE ABOVE DATE. 4. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: MAY 5, 1977 AS FILE NO. 77- 170158, OFFICIAL RECORD AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. SCHEDULE B Page 2 (continued) Order No: 979031 52 Your Ref: PHASE 6 S RANCH DOUBLE LL RANCH n 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: OLIVENHAIN MUNICIPAL WATER DISTRICT PURPOSE: A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO FACILITIES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES RECORDED: JULY 25, 1977 AS FILE NO. 77- 296591, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. E CONSENT OF EXCLUSIVE EASEMENT HOLDER, THE OLIVENHAIN MUNICIPAL WATER DISTRICT RECORDED MAY 24, 1994 AS FILE NO. 1994- 0340003 FOR A GRANT OF EASEMENT TO PACIFIC BELL. F 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE COUNTY OF SAN DIEGO PURPOSE: OPEN SPACE RECORDED: JANUARY 31, 1985 AS FILE NO. 85- 033895, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. c 8. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY RECORDED JANUARY 31, 1985 AS FILE NO. 85- 033896, OFFICIAL RECORDS, WHEREIN A PORTION OF SAID LAND WAS OFFERED FOR DEDICATION TO PUBLIC USE FOR PUBLIC ROAD AND INCIDENTAL PURPOSES. AFFECTS: LONE JACK ROAD (ROAD SURVEY NO. 941625 H 9. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY THE DOCUMENT RECORDED: JANUARY 31, 1985 AS FILE NO. 85- 033897, OFFICIAL RECORDS AFFECTS: LONE JACK ROAD r 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY $1,315,000.00 Page 3 Order No: 979031 52 11 SCHEDULE B (continued) Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH DATED: AUGUST 23, 1990 TRUSTOR: CHRISTOPHER S. LLOYD, a married man, AND CHRISTOPHER S. LLOYD, AS EXECUTOR OF THE ESTATE OF MARGARITA Z. LLOYD, DECEASED, PROBATE NO. 15976 TRUSTEE: TRANSAMERICA TITLE INSURANCE COMPANY, A California Corporation BENEFICIARY: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UTD OCTOBER 21, 1982 AS TO AN UNDIVIDED 500 /1,315THS INTEREST; GERALD HANDLER ,;.... JUDITH HANDLER, TRUSTEES OF THE HANDLER TRUST UDT MARCH 4, 1985, AS TO AN UNDIVIDED 215/1,315THS INTEREST; LA JOLLA BANK AND TRUST, TRUSTEE F.B.O. GERALD HANDLER ROLLOVER I.R.A. ACCOUNT #41 -5011, AS TO AN UNDIVIDED 400/1,315THS INTEREST; DENISE ROSE HANDLER, TRUSTEE OF THE HANDLER CHILDREN'S TRUST UTD AUGUST 27, 1983, AS TO AN UNDIVIDED 200 /1,315THS INTEREST RECORDED: AUGUST 30, 1990 AS FILE NO. 90- 474480, OFFICIAL RECORDS AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN AND OTHER LAND. k AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: HOMEFED TRUST AS SUCCESSOR TRUSTEE OF THE GERALD HANDLER ROLLOVER IRA PLAN, AN UNDIVIDED 400/1,315THS RECORDED: JUNE 17, 1991 AS FILE NO. 1991- 0288363, OFFICIAL RECORDS L AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UDT OCTOBER 21, 1982, AN UNDIVIDED 215/1,315TH RECORDED: OCTOBER 30, 1992 AS FILE NO. 1992- 0694798, OFFICIAL RECORDS n MODIFICATION AGREEMENT AND ADDITIONAL ADVANCE TO BE SECURED BY SAID DEED OF TRUST, AS DISCLOSED BY AN INSTRUMENT: AMOUNT OF ADVANCE: $785,000.00 PREUMBG9 /23 /93bx SCHEDULE B Page 4 (continued) U� Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH RECORDED: OCTOBER 30, 1992 AS FILE NO. 1992 - 0694799, OFFICIAL RECORDS n MODIFICATION AGREEMENT AND ADDITIONAL ADVANCE TO BE SECURED BY SAID DEED OF TRUST AMOUNT OF ADVANCE: $200,000.00 RECORDED FEBRUARY 22, 1994 AS FILE NO. 1994- 0117932 CP A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE SUBSTITUTED TRUSTEE, THE FOLLOWING TRUSTEE: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE NO. 1996 - 0247798, 799 AND 800 .OFFICIAL RECORDS c0 A NOTICE OF DEFAULT UNDER THE TERMS OF SAID DEED OF TRUST EXECUTED BY: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE NO. 1996 - 0247802, OFFICIAL RECORDS CU A NOTICE OF TRUSTEE'S SALE UNDER SAID DEED OF TRUST EXECUTED BY: FIRST CHOICE FORECLOSURE SERVICES DATE & TIME OF SALE: SEPTEMBER 19, 1996 AT 1:00 P.M. PLACE OF SALE: MAIN ENTRANCE WALKWAY, 9663 TIERRA GRANDE STREET, SAN DIEGO, CA 92126 RECORDED: AUGUST 30, 1996 AS FILE NO. 1996 - 0443151, OFFICIAL RECORDS 0 11. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: SEPTEMBER 6, 1990 BY AND BETWEEN: CHRISTOPHER S. LLOYD RECORDED: NOVEMBER 20, 1990 , AS FILE NO. 90- 0624192 OF OFFICIAL RECORDS REGARDING: PRIVATE ROAD MAINTENANCE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS P 12. A COVENANT AND AGREEMENT EXECUTED BY: BARRATT AMERICAN INCORPORATED, IN FAVOR OF: CHRISTOPHER S. LLOYD, RECORDED: FEBRUARY 25, 1991 AS FILE NO. 1991 - 0081600 OF OFFICIAL RECORDS, WHICH, AMONG OTHER THINGS, PROVIDES: IMPROVEMENT OF LONE JACK ROAD. SCHEDULE B Page 5 (continued) Order No: 979031 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 0 13. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY RECORDED APRIL 2, 1991 AS FILE NO. 1991 - 0146056, OFFICIAL RECORDS, WHEREIN A PORTION OF SAID LAND WAS OFFERED FOR DEDICATION TO PUBLIC USE FOR PUBLIC ROAD AND INCIDENTAL PURPOSES. AFFECTS: ALL THAT PORTION OF LOT 16 OF THE SUBDIVISION OF RANCHO DE LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, State of California, JUNE 27, 1898. x SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. s 14. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: APRIL 18, 1991 BY AND BETWEEN: CHRISTOPHER S. LLOYD, ET AL RECORDED: APRIL 19, 1991 , AS FILE NO. 1991 - 0178724 OF OFFICIAL RECORDS REGARDING: MAINTENANCE AND LANDSCAPING OF EASEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS T 15. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF ENCINITAS PURPOSE: PUBLIC RECREATIONAL TRAIL WHICH INCLUDE, WITHOUT LIMITATION, USE BY MEMBERS OF THE PUBLIC TO WALK, JOG, RUN, RIDE HORSES, AND OPERATE NON - MOTORIZED BICYCLES RECORDED: MAY 2, 1991 AS FILE NO. 1991 - 0201867, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. U 16. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991- 0201873 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. v 17. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH VRELIMBG9 /P3/930 Page 6 S �contin d B u ) Order No: 979031 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991 - 0201874 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. �+ 18. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991-0201875 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. x 19. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991 - 0201876 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. r 20. A "COVENANT OF IMPROVEMENT REQUIREMENTS /BUILDING PERMIT PROHIBITION" WITH THE CITY OF ENCINITAS, RECORDED ON MAY 2, 1991 AS FILE NO. 1991 - 0201877 OF OFFICIAL RECORDS, WHICH PROVIDES THAT CERTAIN IMPROVEMENTS, LISTED THEREIN, MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF SAID LAND. z 21. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN ON MAP OF SAID TRACT. EASEMENT PURPOSE: PROPOSED 32 FOOT ROAD EASEMENT AFFECTS: AS SHOWN ON SAID MAP 12816 EASEMENT PURPOSE: RECREATIONAL TRAIL TOGETHER WITH THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID EASEMENT AFFECTS: AS SHOWN ON SAID MAP 12816 EASEMENT PURPOSE: WATER PIPELINES, OTHER DISTRICT FACILITIES AND ACCESS PURPOSES GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT AFFECTS: AS SHOWN ON SAID MAP 12816 EASEMENT PURPOSE: RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES, EXCAVATION AND EMBANKMENT SLOPES AFFECTS: AS SHOWN ON SAID MAP 12816 AA 22. DEDICATION AND REJECTION ON SAID MAP 12816 OF A PORTION OF LOT 7 RESERVED FOR FUTURE STREET TOGETHER WITH THE RIGHT TO EXTEND DR?-.INAGE FACILITIES, Page 7 Order No: 979031 AB V.d Al FWJ AL AO UD AT SCHEDULE B (continued) 92 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH EXCAVATION AND EMBANKMENT SLOPES. 23. EASEMENT FOR OPEN SPACE GRANTED AND REJECTED ON SAID MAP 12816. 24. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCUMENT RECORDED: MARCH 27, 1992 AS FILE,NO. 1992 - 0175473, OFFICIAL REC SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 25. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MARCH 25, 1992 BY AND BETWEEN: CHRISTOPHER S. LLOYD, GREGORY CLEARY AND CHRISTOPHER S. LLOYD, TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF MARGARITA Z. LLOYD DATED SEPTEMBER 11, 1960 RECORDED: MARCH 27, 1992 , AS FILE NO. 1992 - 0175474 OF OFFICIAL RECORDS REGARDING: PRIVATE ROAD MAINTENANCE & COST SHARING REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 26. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: INGRESS AND EGRESS, ROAD AND UTILITIES AS GRANTED /RESERVED BY VARIOUS INSTRUMENTS OF RECORD, ONE OF WHICH RECORDED MARCH 27, 1992 AS FILE NO. 1992 - 0175477, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 27. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CARDIFF SANITATION DISTRICT PURPOSE: SEWER EASEMENT RECORDED: FEBRUARY 12, 1993 AS FILE NO. 1993 -00926 AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AN OPINION OF THE COURT CASE HAS BEEN ORDERED. 28. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN PREUMBG9 /73 /93Ex SCHEDULE B Page 8 (continued) Order No: 979031 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH AU BELOW AMOUNT: $300,000.00 DATED: APRIL 28, 1993 TRUSTOR: CHRISTOPHER S. LLOYD, A MARRIED MAN, CHRISTOPHER S. LLOYD AS TRUSTEE OF THE GREGORY TRUST UNDER WILL OF MARGARITA Z. LLOYD DATED 9/11/80, AND GREGORY J. CLEARY TRUSTEE: COMMONWEALTH LAND TITLE COMPANY, A California Corporation BENEFICIARY: JOSEPH DE LA VARA AND GLORIA DE LA VARA, husband and wife as joint tenants RECORDED: APRIL 28, 1993 AS FILE NO. 1993- 0261335, OFFICIAL RECORDS AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN AND OTHER LAND. CR A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE SUBSTITUTED TRUSTEE, THE FOLLOWING TRUSTEE: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE NO. 1996- 0247805, OFFICIAL RECORDS Cs A NOTICE OF DEFAULT UNDER THE TERMS OF SAID DEED OF TRUST EXECUTED BY: FIRST CHOICE FORECLOSURE SERVICES RECORDED: MAY 15, 1996 AS FILE NO. 1996 - 0247806, OFFICIAL RECORDS Cr AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UTD OCTOBER 21, 1982, AS TO AN UNDIVIDED FIFTY PERCENT (SO%) INTEREST, AND GERALD HANDLER AND JUDITH HANDLER, TRUSTEES OF THE HANDLER TRUST UTD MARCH 4, 1985, AS TO AN UNDIVIDED FIFTY PERCENT (50t) INTEREST RECORDED: AUGUST 15, 1996 AS FILE NO. 1996 - 0416899 OFFICIAL RECORDS. Cz A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE PRELIMSC 9/2]/9]GK SCHEDULE B Page 9 (continued) Order No: 979031 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH SUBSTITUTED TRUSTEE, THE FOLLOWING TRUSTEE: DAVID HANDLER AND CLAIRE E. HANDLER, CO- TRUSTEES OF THE D & C FAMILY TRUST UTD OCTOBER 21, 1982, AS TO AN UNDIVIDED FIFTY PERCENT (50 %) INTEREST, AND GERALD HANDLER AND JUDITH HANDLER, TRUSTEES OF THE HANDLER TRUST UTD MARCH 4, 1985, AS TO AN UNDIVIDED FIFTY PERCENT (50 %) INTEREST RECORDED: SEPTEMBER 10, 1996 AS FILE NO. 1996 - 0459273, OFFICIAL RECORDS. AV 29. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MAY 7, 1993 BY AND BETWEEN: OLIVENHAIN MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT AND CHRIS LLOYD RECORDED: MAY 18, 1993 AS FILE NO. 1993 - 0312187 OF OFFICIAL RECORDS REGARDING: AGREEMENT TO PROVIDE WATER SERVICE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AW 30. A COVENANT AND AGREEMENT EXECUTED BY: CHRISTOPHER LLOYD, TRUSTEE IN FAVOR OF: CITY OF ENCINITAS RECORDED: AUGUST 27, 1993 AS FILE NO. 1993 - 0563741, OFFICIAL RECORDS WHICH AMONG OTHER THINGS PROVIDES: A. PARK FEES FOR THE DEVELOPMENT SHALL BE PRORATED EQUALLY OF 1 /3RD THE TOTAL SUM ($8,409.00) FOR PARCELS 1 THROUGH 3, INCLUSIVE FOR FINAL PARCEL MAP #92 -212. EACH PARCEL SHALL PAY THE PRORATED FEE ($2,803.00 / PARCEL) PRIOR TO ISSUANCE OF A BUILDING PERMIT. B. TRAFFIC FEES FOR THE DEVELOPMENT SHALL BE PRORATED EQUALLY OF 1 /3RD THE TOTAL SUM ($2,703.00) FOR PARCELS 1 THROUGH 3, INCLUSIVE FOR MAP R92 -212. EACH PARCEL SHALL PAY THE PRORATED FEE ($901.00 / PARCEL) PRIOR TO ISSUANCE OF A BUILDING PERMIT. Ax 31. COVENANT REGARDING REAL PROPERTY AND INDEMNIFICATION AGREEMENT BY AND BETWEEN CHRISTOPHER S. LLOYD, TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF MARGARITY Z. LLOYD DATED SEPTEMBER 11, 1980; CHRISTOPHER S. LLOYD, a married man as his sole and separate property; AND GREGORY CLEARY, a married man as his sole and separate property, AND EUGENE AND BARBARA HIRSCHKOFF RECORDED DECEMBER 2, 1993 AS FILE NO. 1993 - 0812962, OFFICIAL RECORDS. PREUMBG9 /n/M4 SCHEDULE B Page to (continued) Order No: 979031 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH AY REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. Az 32. A DEED OF TRUST TO SECURE PERFORMANCE UNDER AN AGREEMENT REFERRED TO THEREIN, AND ANY OTHER OBLIGATIONS SECURED THEREBY DATED: NOVEMBER, 1993 TRUSTOR: CHRISTOPHER S. LLOYD, TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF MARGARITY Z. LLOYD DATED SEPTEMBER 11, 1980; CHRISTOPHER S. LLOYD, a married man as his sole and separate property; AND GREGORY CLEARY, a married man as his sole and separate property TRUSTEE: Chicago Title Company, A California Corporation BENEFICIARY: EUGENE AND BARBARA HIRSCHKOFF RECORDED: DECEMBER 2, 1993 AS FILE NO. 1993 - 0812963, OFFICIAL BA AFFECTS LOT 7 BB 33. A COVENANT AND AGREEMENT EXECUTED BY: CHRISTOPHER S. LLOYD IN FAVOR OF: CITY OF ENCINITAS RECORDED: MARCH 1, 1994 AS FILE NO. 1994 - 0136480, OFFICIAL RECORDS WHICH AMONG OTHER THINGS PROVIDES: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. BC 34. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: DANIELS CABLEVISION INC. PURPOSE: A CABLE TELEVISION SYSTEM RECORDED: APRIL 5, 1994 AS FILE NO. 1994- 0224539 AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. BD REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BE 35. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JULY 27, 1994 BY AND BETWEEN: CHRISTOPHER S. LLOYD, AS TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF MARGARITA Z. LLOYD, CHRISTOPHER S. LLOYD, AND GREGORY CLEARY RECORDED: NOVEMBER 11, 1994 AS FILE NO. 1994 - 0656460 OF OFFICIAL RECORDS Page 11 Order No: 979031 52 SCHEDULE B (continued) Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH REGARDING: PRIVATE ROAD MAINTENANCE FOR TPM 93 -053, W.O. NO. 3706PM REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BF 36. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN ON MAP OF SAID TRACT. EASEMENT PURPOSE: PROPOSED 32 FOOT PRIVATE ROAD EASEMENT AFFECTS: AS SHOWN ON PARCEL MAP 17446 EASEMENT PURPOSE: AFFECTS: BG 37. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: ROCKWELL D. KING AND CORA S. KING, TRUSTEES OF THE KING LIVING TRUST DATED APRIL 21, 1989. PURPOSE: ROAD AND UTILITY PURPOSES RECORDED: NOVEMBER 30, 1994 AS FILE NO. 1994 - 0689420, OFFICIAL RECORDS AFFECTS: THAT PORTION OF PARCEL MAP 17446 DELINEATED AND DESIGNATED AS PROPOSED 32.00 FOOT PRIVATE ROAD EASEMENT DA 38. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF ENCINITAS PURPOSE: ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND ALL STRUCTURES INCIDENTAL THERETO. RECORDED: MARCH 4, 1996 AS FILE NO. 1996 - 0106108, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. Br 39. A TAX LIEN FOR THE AMOUNT SHOWN AND ANY OTHER AMOUNTS DUE, IN FAVOR OF THE UNITED STATES OF AMERICA, ASSESSED BY THE DISTRICT DIRECTOR OF INTERNAL REVENUE. FEDERAL SERIAL NO.: 3301 -6992 TAXPAYER: ESTATE OF MARGARITA LLOYD, INTEREST HOLDERS: CHRISTOPHER LLOYD AND GREGORY CLEARY PREUMBC 9/23/93Ex SCHEDULE B Page 12 (continued) Order No: 979031 52 Your Re(: PHASE 6 6 RANCH DOUBLE LL RANCH AMOUNT: $390,494.08 RECORDED: MARCH 18, 1996 AS FILE NO. 1996 - 0132504, OFFICIAL RECORDS. Bx 40. A COVENANT AND AGREEMENT UPON AND SUBJECT TO THE TERMS AND CONDITIONS THEREIN EXECUTED BY: CHRISTOPHER S. LLOYD AND GREGORY CLEARY IN FAVOR OF: THE CITY OF ENCINITAS RECORDED: APRIL 25, 1996 AS FILE NO. 1996 - 0207397, OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BY THIS COVENANT AND AGREEMENT SHALL RUN WITH THE LAND AND SHALL BE BINDING UPON ANY FUTURE OWNERS, ENCUMBRANCERS, THEIR SUCCESSORS, HEIRS OR ASSIGNS AND SHALL CONTINUE IN EFFECT UNTIL THE PROPER GOVERNMENT AGENCY APPROVES ITS TERMINATION. ez 41. A DOCUMENT ENTITLED "LIEN COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY". DATED MARCH 28, 1996 EXECUTED BY CHRISTOPHER S. LLOYD AND GREGORY CLEARY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 25, 1996 AS FILE NO. 1996 - 0207398, OFFICIAL RECORDS. Ca THIS COVENANT AND AGREEMENT SHALL RUN WITH THE LAND AND SHALL BE BINDING UPON ANY FUTURE OWNERS, ENCUMBRANCERS, THEIR SUCCESSORS, HEIRS OR ASSIGNS AND SHALL CONTINUE IN EFFECT UNTIL THE PROPER GOVERNMENT AGENCY APPROVES ITS TERMINATION. CB 42. A DOCUMENT ENTITLED "COVENANT REGARDING REAL PROPERTY WAIVER OF PROTEST TO ASSESSMENTS ", DATED MARCH 27, 1996 EXECUTED BY CHRISTOPHER S. LLOYD AND GREGORY CLEARY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 25, 1996 AS FILE NO. 1996- 0207399, OFFICIAL RECORDS. c� THIS COVENANT AND AGREEMENT SHALL RUN WITH THE LAND AND SHALL BE BINDING UPON ANY FUTURE OWNERS, ENCUMBRANCERS, THEIR SUCCESSORS, HEIRS OR ASSIGNS AND SHALL CONTINUE IN EFFECT UNTIL THE PROPER GOVERNMENT AGENCY APPROVES ITS TERMINATION. CD 43. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY PURPOSE: PIPELINE OR PIPELINES AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS RECORDED: APRIL 25, 1996 AS FILE NO. 1996 - 0207710, OFFICIAL PFEUMBC- 9/23/93bt SCHEDULE B Page 13 (continued) Order No: 979031 52 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. CO 44- AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY PURPOSE: PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES RECORDED: APRIL 25, 1996 AS FILE NO- 1996- 0207711, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. CT 45. A CLAIM OF MECHANIC'S LIEN AMOUNT: $9,859.69 CLAIMANT: SIM J. HARRIS COMPANY RECORDED: AUGUST 9, 1996 AS FILE NO. 1996 - 0405169, OFFICIAL RECORDS Cx A NOTICE OF PENDING ACTION TO FORECLOSE SAID LIEN COUNTY: SAN DIEGO COURT: MUNICIPAL CASE NO.: N072656 RECORDED: OCTOBER 4, 1996 AS FILE NO. 1996- 0506336, OFFICIAL RECORDS Cv 46. THE FACT THAT SAID LAND LIES WITHIN THE OLIVENHAIN MUNICIPAL WATER DISTRICT, ASSESSMENT DISTRICT NO. 96 -1, OLIVENHAIN WATER STORAGE PROJECT, AS DISCLOSED BY ASSESSMENT DISTRICT BOUNDARY MAPS, RECORDED SEPTEMBER 3, 1996 AS FILE NO. 1996- 0446016, ASSESSMENT DISTRICT DIAGRAM RECORDED OCTOBER 8, 1996 AS FILE NO. 1996 - 0510864 AND 1996 - 0511030, ALL OF OFFICIAL RECORDS. cw 47. A DOCUMENT ENTITLED "NOTICE OF ASSESSMENT ", DATED OCTOBER 8, 1996 EXECUTED BY OLIVENHAIN MUNICIPAL WATER DISTRICT , SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED OCTOBER 8, 1996 AS FILE NO. 1996 - 0511031 AND 1996 - 0511032, BOTH OF OFFICIAL RECORDS. Cx 48. THE COMMUNITY INTEREST OF THE SPOUSE OF THE VESTEE NAMED BELOW. VESTEE: PBEUMBG9 /i7 /9JEk CHRISTOPHER S. LLOYD SCHEDULE B Page 14 (Continued) Order No: 979031 52 Your RcL PHASE 6 & RANCH DOUBLE LL RANCH CL 99. THE COMMUNITY INTEREST OF THE SPOUSE OF THE VESTEE NAMED BELOW. VESTEE: GREGORY CLEARY ay 50. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. BH END OF SCHEDULE B Br NOTE NO. 1: IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE TRUST INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COPY IS A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED, THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED. B.� NOTE NO. 2. A CERTIFICATE OF COMPLIANCE ISSUED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF ENCINITAS, RECORDED FEBRUARY 19, 1993 AS FILE NO. 1993 - 0106697, OFFICIAL RECORDS. Bx NOTE NO. 3. A CERTIFICATE OF COMPLIANCE ISSUED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF ENCINITAS, RECORDED FEBRUARY 19, 1993 AS FILE NO. 1993 - 0106698, OFFICIAL RECORDS. BL NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 596, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB- ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121 - 000358 CREDIT TO CHICAGO TITLE SUB NO. 12359 -50752 FURTHER CREDIT TO ORDER NO: ATTN: KEN BROWN TITLE OFFICER PRELIUBC- 9/n/93W ESCROW DEPOSITORY ACCOUNT 000979031 SCHEDULE B Page 15 (continued) Order No: 979031 S2 Your Ref: PHASE 6 & RANCH DOUBLE LL RANCH en JSD PFL'UVbC-5 Z3'93oN 4 PAf I 1 I 1 7 8 1 ---- 16 1 C { �jd �U 5 !D 6- DU. CONCRETE MONVM[N! f, 1 ✓ WITH CENTER PIN MARKED -O. B.• \I J' �_ WO . SEE MAP 12816 J 1 2 I S • �V � 1, \% \ \ ,pOM� SV µ[NT ,pN A pop SEE y'o N D [D Elk 1O 6 O E l t PARCEL P 1 ya A 11 pr 19 Sxl /9500 1k 5 O. Otc NO. t qq1 6 6AT 7 12 1 p 1 q p ON �19 iI1 . I 1p8 38 Z Vv, ti) ` f/ OD( p0[01gq)�T I9) Z _ �' A� GR 1~I 10 �I _.1 \ —• -` aLG°oaoD�O 5/ caw ' DI QGL NET ` ` /;,,/ \, I pEC 1= n Z �1 1 1.16 AG 1� r - \Y �_...._.__. m a° P ET F 7 [� PCL N'LEr 7 i I' 1% Duo 333 .96A Q�I :\ Il 2.79 AC CR` 1` I �� - _ - ! , I I J �_+� „ •�' pA 1E p0+0 V1 Y Z m = 6 IPM II �J )3 I 1 6 _ _ _ _ _ —_ — .•` ILOTI 1 `.�� DOUBLE LL — O 0i ?;. I I /I II " L_ _ •._ .,1"i' 1 / ••.OLD 50UTN 8=816 ARr >. LOT iU A o$,.5 NOTE CONTICUOUS ' . OWNERSHIP NOT A PART "CL J I J I7317 Q} V•mQ 1 ~1 33 Vy I �� A5 °�i �W yti hh R of so85 N I- COGiN� °{ 9 60* PN N °1,1pP aae g 1113- 6 f -' " a •, d _` _� Ed�� � � o , 126 n _ ` P 1 "' 1 -- - - - - - - - - - - - t ti EASEMENT DATA CONTINUED l NVEO � "T 1 EASEMENT DATA © CENTERLINE OE 20.00' 0 f 1 SEWER CASEMENT GRANTED TO Q CENtERUN[ OE 6' RECREATIONAL CARDIT7 S/BITATION DISTRICT 1 I V a�yr TRAIL PER MAP 12616 PER DOC. NO. 1997 - 0092655 N 8 9a 2Q PoRnom OE LOT 7 RESEAVED !OR RECORDED 2112197. o -1 • VE TMTVRE STREET ON MAP 12616 (D 32- J2• PRIVATE ROAD EASEMENT rl a JQ 60' DETER OE DEOICATION !OR PER OOC, NO. 91- 0176721 o Q p0A0 FOADWAY PURPOSES PER RECORDED 1119191. a (J y +IIE Doc. NO. 91- 0146056 +y RECORDED 512191. i O +g1jI p5 0 72' PRIVATE ROAD EASEMENT PER ucx �V C. NO. 90-0624192 CASEMENT TO DANIELS UBLEVISION INC RECORDED 11120190. P!R DOC. NO. 199E - 0221.579 AMA:s 2.9Ki'i:J'•... ,,t'1�, .__.- .._•- __ -._. .... '-- --_. .. _._ -r-. —_ ,..Art.. ----. .. -- - PARCEL MAP NO. 1714 PARCEL MAP OF + SHEET 1 OF B SHEETS WE HEREBY STATE THAT WE ARE ME OWNERS Or OR LOT 7 Of CRY OF ENCINITAS TRACT e7 -011 1, JAMES UPUZZA A LICENSED LAND SUNW)ON, STATE THAT THE ARE INI[IRSTED IN ME WIU SUBOMD[D BY THIS YAP IN ME COY OF ENCINITAS. COUNTY OF SAN MEW, RATE Of CALFORHU, SURWT OF THIS SUBOMSIORi WAS 140E BY ME 00 UNDER W AND WE CONSENT TO ME PREPARATION AND RECORDATION ACCORgNO TO ME MAR THEREOF NO. 1]816, DIED IN ME OFFICE Of DIREC ON BETWEEN JULY N. 1992 AND JULY 30. 1992 AHD SAD OF THE MAP. ME COUNTY REf ROEA OF SAN DIEM COUNTY MAY 21, 1991 SURVEY VS TRUE AND COMPLETE AS SNORM 1 THAT ME MOUUMENTS AND AS MODIFIED BY CERTIFICATE OF COMPLIANCE RECORDED 2 1/ 93 ME CNARACTG INDICATED NAVE BEEN SET OR FOUND AT ME S'UB - WE REKNIT DEDICATE i0 M[ CARDIFF SANRATTN DISTRICT AS DOL ND.S 1// }010589) AND 1993- 0106698 Of OITC4L RECORDS. Of S� DPOSRN/M A PERPETUAL, EYCUMRW EASEMENT AND RIGHT-0f -MAT TER MO AT ME IMgGTZD R LEGEND IN UPON. THROUGH. UNOM OVER, AND ACXDSS, ME REAL PARCEL MAR GUARANDN FOR THIS SUP ASION THIS RAP WITHIN 30 DAYS AFTER ME COMPLETION OF THE OCCURRED PWPERTY AS SHONN ON Mrs YAP, SUBJECT TO ALL TEAMS FURNISHED BY CHICAGO TITLE COMPANY IMPROVEMENTS AND SUCN MONUMENTS WILL 69 SUFDCI[NT TO ENABLE AND CMNODgNp CONTAINED IN THE CERTIFICATE DEDICATING OADUI NUMBER 932158-51 DATED 10 -ID -7F - ME SURVEY TO BE AORACED. (SEC LEGEND OM SHEET 3) EASEYENR TO ME CARDIFF SANTATION DISTRICT ON I HEREBY STATE THAT THIS PARCEL. YAP SUBSTANTIALLY CONFORMS TO CITY Of EMCDIRAS TEMADW PARCEL YAP MD. SS -587, COWMANTS Of IMPROVEMENT REOUIREYENTS / WILDIMO PERMIT PRJHIMnON THE APPROVED. OR CORINTH3l4LLT_IpPROWG TENTTATIYE YAP, IT ANY, PARCEL MAR NO. 17064• RECORDED FEBRUARY 26. 1993. GRANTED TO THE CITY OF EMCIMRAS BY DOCUMENTS NO, I N;'_ WNICN TEM6 AND CONOTIOMS MC HERESY INCORPORATED BY REF[AENCE. IN1- 02018)3 MAU 77 ALL RECORDED MAY 2, 1991 CC/ /' '. ttF�,•,� JAYS WUIZA L A, AND 1"4- c*5NP51�;!-MtCORKD Fhb -7F - - "� :. REGISTRATION EXPIRES 9/30/96 THE SUBDIVIDER AGREES TO DEFEND, INDCYMIFY AND HOLD HARMLESS FUTURE PARK. TRAFM AND DRAINAGE FEES DATE: r.0 ✓ Z� iIfV ME CRY Of ENCINRA3 AND ITS AGENTS, ORKERS AND CUOLOYEES FROM ARE COVERED BY A COWMANT GRANTED TO ME CRY Of ENCINITAS ANY CLAW, ACTION OR PROCEEDING AGAINST ME CRY Of ENCINITAS 011 5Y DOCUMENT W. 19th 445UL1 RECORDED G-IO-44 - TIS AG[NIS• OFFICERS OR EMPLOYEES TO ATTACK, SET AST[• WORD OR AMMUL AM APPROVAL TROY THE CITY Of EMCINFTAS CONCERNING THIS L ALAN 0. AM CRY ENGINEER FOR CITY Of [MCINITAS, SUINVWON "M SUCH AC CH IS BROUGHT WITHIN ME DYE PERIOD RATE i1AT MAUP, APP MAY DOES NOT APPEAR TO IE Y 0! 0 SPECIFIED 0 WWANMENT CODE SECTION 56499.37. THIS CERTIFICATE IS MANOR SUN Y1iS FOR A (SHIM 11Ar REWIRED PURSUANT COMOIIKIIm UPON ME CRY Of ENCINITAS PWVIOINO PROMPT NOTICE TO TO SECTION 6641011 OF THE A I FUR E SU ACT, I FURTHER RAE ME S @ANFA ER AS PAOVTCD BY ME ACT. (GOMMYCNT CODE SECTION PARCEL MAT 5815 PARCEL MAR FORMS TO E TO ME TENTATTW PAIIC4 MAP eeal.9) AND APPROVED ALTERATIONS THEREOF MEREST ARD THAT ALL ALL or TITIE CO ENCINITAS CODE COMPtiNS CRY BEEN COYPL[D /y 416 THOS S MAP CONFORMS THE RDE ORDIRT NUCE. o'wR�e BY: Sbi'J -z 7 -1 }R y SUBDMSION WP ACT AND LOCAL CNRISfOPHER�'AS TRUSTEE OF DATE ME GREGORY TRUST UNDER ME WILL Of ,Uµ DRY ENGINEER v '+Irw4 /d,9,1 R 11, 19 MARGARITA Z. LLSEPTEMBER LLOYD DATED SEP0 �/Y6.E '�F� AMC CHRISTOPHER x YD, A MARRIED MAN ALAN D. ARCN9AL0 WIYF MR IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THE E.aG 21856 r '�'71i Lahr 1F DEED OR GRANT DATED 1 -X1- FROM CHRISTOPHER S. LLOYD AND BY: - T SANITATION RTERMS ,�K GREwRT CIiM'I,'A MARRI YAM DATE AMO /OR GOVERNMENTAL AGENCY. AALL DATE IBTi!•I9•I 1114` AND CONDITIONS CONTAINED M THE CERTIFICATE ON CITY Of ENCINITAS TENTATIVE PARCEL MAP NO. FIB -087, PARCEL MAY NO. 170" RECORDED 1, JAMES BENSON. CITY TREASURER OF THE CITY OF ENCINITAS. LRAMSWFAMJ MILE INSURANCE COMPANY, A CAIFORMU CORPORATION, F BRUARY Ie. 1993• BY ORDER OF ME CARDIFF SANITATION DISTRICT ON RATE OF CALIFORNIA HEREBY CERTIFY THAT THERE ARE NO uENS AS TRUSTEE UNDER PEED Of TRUST RECORDED AUGUST 30. 1090 A- . AND ME GRANTEE CONSENTS TO RECORDATION THEREOF FOR VMFAR7 CTM TAXES OR UNPAID BOND ISSUES URDU MY 454 Or OFT4L RECORDS AS UE MOA 74 IC ry AJTIRIZED OFFICER. BIPROiONR ACTS OR IMPROVEMENT BOND ACT Of ME STATE t5 '- ' O OF CALiORMA SHOWING ON THE IN OK3 OF Mrs OFFICE. EXCEPT TAX13 MOf YET PAYABLE AGAINST ME TRACY OR UvDrvCIo,A OR DATE w.A 1.'FA4•A6NP PATE DATED: AMY PAR THEREOF. SHONM OM ME ANNCLED MU AND nw F.N.Y V.y Pw.o. , er: D[SCRRWM M ME CAPTION MEAEOf. COMMONWEALTH LAND THE COMPANY. A CALIFORMIA COAPMAIgN, E. JANE L CLERK 0 M[ CARDITT SANTATOR DRTPICT M WINESS HOFOT, I RAVE SET W HAND MIS BIN DAY OF AS TRUSTEE FINDER DEEDS Of TRUST RECORDED DECCYBG 17. 1992 AS 4 TRIER ,1994. %��� FIE No, 1m- OBIOns (RE-RECORDED APRIL 2a 1993 AS FILE NO. /jj�'QOp�' /c — — 1993-0261157 ) ; APRIL 25. 1993 A3 FRE W. 1993 -0251333 AND JAMES VERSION. CRY TREASURER APRIL 25, INYAS TRUE NO. I993- 61334, ALL OF OFFICIAL RECORDS. I, TILOYAS DEAR BOND Of l Rio ryt �J.r�T. -�� T�.YV 1997 Z y 1 MEASKA SUr[IINSOR3 H[ ACT (CERTIn THAT THE rROVOfM or M[ T T T I SCOPE) i NAI CATE De H-'. ,-, •FgMW„f DATE S' EQ Z REGARDING � DEPOSS11 FORFT/DS[3. AND (51 C R11FIICATICN U,N JNU Uwr _ OF 111E AR[MCC OF LIENS FOR UNPAI) STATE, COU , YUNVFAL SPECIAL BEEN COUPLED MILHYER EXCEFT THOSE Or YET HAW f1J6E1JE HI¢$CMKCTG /+V b RLWFA- 71JG NIP°y'HYOi�, - U"= HAl .O.0 WIND A7 OEDMV bPI CITY OF THOMAS PASrvSIKA u.JOE.¢ mrav nv TBJOT OEGEMAE-¢, 2, CLEAR Of THE WARD BY: 1n93 A.7 Rllb N•? MOO- AJ.[O812RXN"'1 !1 T' aFFtiIPL BOARD OF SUrEAVL50Rs DATE, G'tco¢O�' I, SANDRA HOLDER. COMWMRY DEVELOPMENT MREUIOR RUE W. LS?1- 0[57695 HIA[RY CERTIFY THAT ME COYYUNTFT DEVELOPMENT DEPARTMENT N t/ I W'MMIAS AEOCWED THM MAR PURSUANT TO ME CRT Of EMCINRAS A]AB�fH� FRED FIRS INC, DAY Of uG+em6la 1994 AT 6Y'. / wF: EUG H IMMA001E HIRE H MUNICIPAL CODE AND IOU FOUND R TO BE M CONFORMANCE WT H MNlADW PARCEL MAP NUMBER 93 -033. OF BOOK Of PARCEL MAPS AT PAGE 174416 AT. IILREOOEST Of JAME3 LAPVIIA COUNTY REMINDER SIGNED C-YY— 'SAICRA COUNTY aE�mU - - - H101DCR DI or MC f 16108 b.W - IMIDIT E01BRR5IT pEV[IOPYDR O[PARTM[IR Mr 1 i 1.00 RIF _ ' -+'--- ••- :i<c'$' F-:`::5• •. CALL COOAD WOOL 325-1701 CONWAY DIE ASSOCIATES;' INC:13s LARDIPCOU OEM eARORF- BF -DK -xA G uDm DRAOBFO PLAIN - 37 CRY OF ENCINMAS TPM 93-033 . a - - A P N 28 241 -01 .__.- .._•- __ -._. .... '-- --_. .. _._ -r-. —_ ,..Art.. ----. .. -- - I lml 1M2NAlIME3 OF THE FOLLOWING OWNERS OE THE ELSEYEMM NIOIUTED. HAYS BE[",OW IfT[D UNDER ME PROVISIONS OF SECTION SUBSECTION (R) (3) (A) (N or THE sump oN MAP ACT. THEIR INTERESTS A0 SUCH n1AT THEY CANNOT RIPEN INTO A FEE Y,,, WO Mo SIGIATURES ARE HOT REQUIRED BY FOR GOVERNING BODY, THE CITE OF ENCINRAS, A MUNICIPAL WRPOIUIION. HOWER OF INTERESTS OR EASEMENTS FOR EASEMENT FOR OPEN SPACE (AS SUCCESSOR IN INTEREST TO THE COUNTY OF SAM DIEGO) PER DOG. N0. a5-oJU25 O.R. RECORDED JANUARY 31. 1985 IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY PER DOC. NO. 1991 - 014036 O.R. RECORDED APRIL 2, 1991 ; CARDIFF SANITATION DISTRICT. CASEMENT FOR PIPELINE PURPOSES PER DOG. NO. 1993- GM2633 O.R. RECORDED FEBRUARY 12. 1993 BRUN, DEL 91ANCO AND BEATRICE DEL BHMCO CASEMENT FOR INGRESS AND EGRESS, ROAD R UTILITY PURPOSES PER DEC. NO. 1992 - 0171177 O.R. RECORDED MARCH 27. 1992 HARRY BUCK AND NANETTE BUCK EASEMEM FOR INGRESS MO EGRESS. ROAD R U111-fly PURPOSES PER DOC. NO 1992 - 0250075 O.R. RECORDED APRIL 25. 1992 ; MAURra— E. ,,%,M Mo CONSTANCC M. BRIDGMAN EASEMENT FOR INGRESS ME EGRESS, MAD R UnIIIY PURPOSES PER DOC. NO. 1912 - 01"733 O.R. RECORDED APM- 1. 1992 FRED C. FLOYD AND MARTHA J. FLOYD CASEMENT FOR INGRESS AND EGRESS, ROAD A VTIUTT PURPOSES PER DOC. NO. 1193 - 031083, O.R. RECORDED MAY 17. 1993 EUGENE HIRSCHKOFF AND W &URA SUE HW5CHKOFF EASEMENT FOR INGRESS AND [DRESS, ROAD B UTILITY PURPOSES PER DOC. N0. 1993-0,1"61 O.R. RECORDED DECEWINA 2, 1993 ; OMIELS U91-1VISION INC. EASEMENT FOR FACILITIES PER DOE. NO. t994- 0221339 O.R. RECORDED APRIL S• 1994. OUVENNARI MEJN/LIPAL NW1R 0 /JTY /CT r SENATNT AR OED WG AY NEO /M. 1Z816, r /LEO MAY Z/, /991 AS rHf .M. /If /-DZSOOID, OF. ; TNF C /rYOF EI✓UNDRS,A NOUN /LIRA[ CDIPDfLTJON, NowbF OF EA3EMEA75 ABGFD /C�FLa ONMOR Av. IZB /4, tt4Y Z/, AMl AE "" Na /P9/- 02JEBto, O.R. ~111C GEL" , CONSENr FO AN CA"EP PER DOG. NO. 191 #- OIIOOO5 O.R. RECORDED MAr Z#, /CFI. )NE rCLfOMING[IiIMENTI.R! ?CT 1Af !{YI /KY.(Rw.IC[c ONn /NO MC NOT/E`R IIEOON !IY /E MVO.• 1!( Eby /MOCK M.K[L NOTE bV L/LO � ; OUYLyNA /N MON/L /AOL M7ER pfOPiCT f x oaNr,2M'R /AVU,.r /9aaroasa PLR C.,W. 77 -Z1i p/ a/. RLCOAYFD ✓LKY Zs, /177, 544 O /(60 C•ES' /L[Ec ;rr CM11MN/ EI JENWr rAPr1YJl AAAVMTEA94CE5 PER APE, Ali ,'RX- O#ZO01 OJ. R cIoUr `A EEO. ZO 117,0; FMC /AC >ELE/KOyE / TELEERAAN m, eA3 fy ~ONricrax OND COMA90 I/ May s7RLC7L/^L P OOC.N0. 77- /70/00 O.R. RECORDED , `-S, 1997 CONWAY PARCEL MAP NO. 17446 6TK p (JLFI'J t) anu (C7F Sva VIE CPO SG C,w! DET.I�, p9A1 ffEt'o¢15 ME ICAReN A.CARUs2a NPIBAVRnuc PE¢bMA.LLY piePF3.QG[J GVC+EML C. NIev.H"FF 1>�HWLLY L'}IpAr1J TO I.nG (CIO. AKT/FS� b I.'.4 fal YNfi ewl19 CF 9b'iT�ic/•[.TO¢`l Ev10EI+CE% �0 06 T}-'t FE¢'i'O•J("+)vrHpgv 3�Ief- ?C¢IOE.O TO THE wT7HIN INeJI¢,,,1MENCi pN0 KM:NGaN LEUGF:O TC3 HnE 'TF1Ai� HC /- .. - /TH¢Y ExC.cLFTF V 'T1+E ° 1R9 IN Nl�j /1F25/ TME12 lN,(YNpQ,ZEO CAVA.G FT`l C%C >MIO TIMCf 01 H15 /HFIZ/ THEIfL '1(}.IpTU¢Y3(S >nN THE IMe11RU1AENT THe PEQ-b (9i, < l C-EJTR`! uVbN Bi3lGLr CJF vNHGH T(+E KTEO. E%EC c, iFE IN%T¢LJME9 -CC. wITNE/SeJ M`I HpHO PND CxF1U�L- a �L-.. 'y Tu¢Er M/ PPJNCIPIaI-.PIKE OF BLri1N jU y lOW DIEGO Cc3uNrf`r fO1wHltFiaPT GFpdaie �. July w11994 ]/Ihie, s 414j nia 1D11HH7 DI' Ban tZo 35 ONOkh&A 9b4ort 1AC 641) L4 BILL[ %J9nALU/ AVBEMtd e&fiai A FJJF- Al)LSiLl.yegC PFa9eNALLY AP9EAR6D1 KJ *u lb HIE Lof 91Y59l0 T8 NB OHl -MS%6K d 5A"aciav ELI twob) Yo 96 ThE i yurr%(5) WhfJE Hl1#16CS Ls /APE Substritwd lb 7FIE w0hiM U1SIy11F/fEL1F MID ALYWoWlyd6ED Ye MG -thai 9615htl -fty txtruTe:,T*44 SAME in Ws/Ii6Fs /TBM3Y AA- I tUIb� akcAy 6B.&N ANb -ThEa4 8y WS / kAfI ui 6L4�klw'E L5)on iMlE IH4N.Mrnt11±' TIE RF-son LO, MIV6 E444y UPON 86halF Elf whlEh -rte Po35@1(5) AtrF,c, E56CLjed -WA lnsivumErY}. W4nc-�S MY VIAND AND CPi al SEAT.. lrfn(r%a..�nt� 5fc"wTlftc a1CY1 STAIR 1-3aw ^M_Y�JWnCIPRL- ?"w C9 B&iTxsS is San DI(6b ulud CA 921107 SHEET 2 OF 6 SHEETS STATE Of CA1110M4 ) S3 COUNTY Of SAM ON BEFORE N[, A/O.1CY r- r0(ICK, A/O�R R1✓ 6JIc PERSON Y APPEMCO CMRISTOPNER S. OTD ! GAE W CLU PERSONALLY KNOWN TO ME (09 PROVED TO MC ON THE BASIS Of SATISFACTORY MDENCE TO BE THE PERSON(]) WHOSE NAME(S) IS /ME SUBSCRIBED TON WHCH INSTRUMENT AND ACNNOWLEDGEO TO ME THAT NC//SHE/THU EXECUTED THE SAME IN HIS /HER/THEIR AUTHORIZED CA/ACOY(IES) AND THAT A NIS/NER/THEIR SIGNANRE(S) ON THE INSTRUMENT i C PERSON($ , OR TH E UPON BEHALF OF WHION THE PERWM(S) ACTED. RECUTED THE INSTRUMENT. fMF55 MY HAND AHD ornCIAI SQL. _ •� ON N3G..wdlin E..yyi na: �j U, 1198 - - -- WPM AL PPACE Of tUSINC33 ISYSAN DIEGO COUNTY STATE OF CALIFORNIA ) SS COUNTY Of SAN OIEW 3 ON ) 90 MY BEFORE ME PERSONALLY APPEARED nx........ r ne•r.r., S T PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS a uN OF SATISFACTORY MOENCE) TO BE THE PEBSON(S) WHOSE NAME(5) 43 ARE SVBSCR19F0 TO i11 WITHIM INSTRUMENT AND ACKNOWUOOED T ME THAT HE //SME/TY" EXECUTED THE SANE IN HIS/HER/THEIR AUTHORIZED CAPACET(IES) AND THAT BY HIS /MEP//TTHCIP SIGNATURE(S) ON THE INSTRUMENT THE PERSON(3). OR TNC D In UPON BEHALF OF WHICH THE PERSOH(5) AMC. Ecmno UIIA WITNESS W HAND AND OFFIC4L SELL Y SILMANR cep. •eqV> a.V.lf- r _ MY PRINCIPAL PUCE OF BUSINESS IS SAN DIEGO COUNTY STATE Of CALIFORNIA SS COUNTY or SARI DREW ON �j,Ify_Z2tIA ffiYB[IORE ME, H 8�1.¢.E PERSONALLY APPEARED PERSONALLY KNOWN OE WE (OR PROVED 30 NE S) THE HA OF SATISFACTORY MOfNGq TO BE THE ![MON(S) W1105C MaN[($) IS /ARC SUBSCRIBED TO N WRNIN INSTRUMENT AND ACKMOWLEDGCO Td ME iNAi N[ SN[/(LNFY IXECUTED THE LANE IN Nis /HER/TNOR ON [uiN3TRYYw iNE[)IAND TWAT OR HIS [NR/THEIR WHANRE(S) f% ' UPON BEHALF OF MICH HE PERSONS) ACTED, ICUTED THE INSTRUMENT. WENESS W HAND AN OFEICIAL SLAG SWNANR m�:.Fie+4T+Pa R'n'S5 noom W PRINCIPAL PLACE Of 11IR91E11 6 SAN DIEGO COUNTY CRY OF ENCINITAS TPJA 99-053 I a /�yIS11I' c = U) ; q' a Z^ C � W ^_ m 5 Vl Obi N ie mh s .. < _ _. _ -% �r..t...wrnc , .krs• . y.py -.a..- xyy .. r PARCEL MAP NO. 17, r DM, COMCIIR ,NOM A r YAP ✓ 12 HN WIIsIR PARCH. h 1 l n 1=1 1 1 aI 16 kA = T = I� I! 117375 111' L�1 1 ( 1 i= 'Zg�6 3','Af2An? 1,01 TwvnT s urA TART ❑' x M 42. Sr W 241PIP."' ❑2 N ,r LAY if W NS Li• PURSUANT ro SECTION 9rw Of THE SULDmSAN Hu ACT. Mr AREA AND SDRm DATA F" ME REMAINDER PARCEL Is Nor SHOWN, (N Tr W' 2r Y 441ST ) y.f I f 'ME "' 2r Or 101.25• ❑ (M Tr N• 2r W 191.22•) V �r ij' q R SSO.M L . "'"' O . " ar ST N (R . 3W.W' L . 94u• f1 MOV31MS OF lTTE 2+ Of ML CITY, OF [MCJMITAS R N ar 22. 0: C 037- :11 aN r 24. Jr W r4OAD• 7O 32• IRVAM RIND CASEMENT (N 2 24. 2r N W.=-) 0 N W 30. Or r 311.12• O N 11. 30, Or M 229. "• ❑j N Ir 3C Or r "s. "' Ill N 11• .Sr Or W 202.41' n N II• la• ]r r 2[3.42• RECORDED N 2r 00. O£ r 944.11• (N or "• Or E 999.11•) r° 999.02• PEA .1 02219 R +00 ".00• L . 390.39• Ii 4 . Jr 04• tr (01.10 .OP L . 210.39• 9 . ]r 04. 29- ) i 1 DOUOLL LL lJ NMRY n 4NOTE CONTIGUOUS OWNERSHIP a II JJ 1 1 1 5 NOT A PART O 1 PO, a I PAN 1121, pl RD Y , P Mp P t N 1 N g r jA ' 9 R o5 LcI IT 9 $AS ooN g N N o °t, j 26p --;AA R 7 ?' 'AMP rLYYEM DATA IQ crwrtruNr M 8, I1 RECREATIONAL TAML MR MAR Ito Q2 PUMMO M LOT 7 RE3rIVED FOR NICER[ STRUy ON LIAP 1291E O EO' ORrEM M DEUII.kTON TOM ROR01RAr NM/OSLS IEm DOE. NO, 91- oI44034 RECORDED 4/2/111. Q 22• PINVAIr TIDED UfONOET KR In SHEET 3 OF 6 SHEETS , PROCEDURE OF SURVEY SHEET LEGEND • INO/UTLS A EOUMO 2 /a' HIGH NRr AND DISC L.S. 41i PER YY )HIE, UNLESS OTHERWISE NOTED. ALSO SEE CERTIFICATE Or CWREC RECORDED Rs DOC. No. 1114- 203 sS US UNIR lOr CORMEMS rw MAR 12810 WERE SET MIN A 51+'318 IN W/ J LASTIC UP LS "IS - Mr DETERRED YONUYENIATON NOTE WAS OYITRO I "M ME MU) • oaxaIlt3 A POUND 3/( IRON PIKE .0 DISC LS. "IS TER RECORD OR SURVp 141)3. 0 INMATES A MUMO 2/i )ROM RITE AND d3C I.S. uu PER M✓ 12819 AND R.11, 17J77. . INDICATES A FOUND 31: IROM AM AMP DISC LS. A815 PER MU 12614, R SO 3 14173 A, P.Y, ITEM O INMATES A SET 3/! E 1r )ROM PONT MEN EMSS DISC SUMMIT I.S. M12 0 wp[utS A SET 3/4' E 1r MOM PM[ MTN PLASTIC UR SrAWPM LS NI3. ( ) INDICATES RECORD DATA PER MAP 1261E AND RECORD Of SURVfy 14173. UNLESS OTHERWISE NOTED. ( J INDICATES R[CORO DATA PER YAP 12818. RECORD OF SURVEY 14115 AND P.Y. 11377. O INoN;Ares GSEY[MI - 3EE TABEL Or Usr.c.1 IMPORYAIpN. X1 INDICATES CITY OR CARLSEAO /LILY Of ENCIMTA3 BOUNDARY IE• ALL DISTANCES AND /OR SrRKT MOTMs SHOWN WITHOUT "CNIALS REPRESENT MAY DISTANCE TO SCM HUNDREDTHS. BASIS OF BEARINGS THE RAW Or 9URINOS r" THIS rucEL MAP IS ME NEsr LINE or YAP 12814 IT H S 01' 1r w SURVEYOR'S NOTE Mr PROCEDURE Of SURVEY FOR THIS IARCCL MAP 6 SHOWN ON Y✓ 12818 ANTI RECORD Of SURVEY 141)3. ME AMU Of THIS PARCEL MAR WAS MCLIATM M SAID PROCEDURE AND WAS YONUM"FM AT THAT DYE. ALSO Sir CITY W ENCINITAS EOUNDMT AONISMCMT NO. 02 -200 ANTI CERTIFICATE Or COMPLIANCE RECORDED 02111193 AS DOC. NO" 1)93- 01 "l)T f INS- 0109114 WHICH MOVED THE SOUTH "UNDARY " LOT T NAP 12811 fROY Mr SWM LINE or Mr O.Y.W-D. WAI(R USEYLM TO Mr CMgRUNC DOUBLE D)LE LL RANCH ROAD. ALSO me PARCEL MAP 1142 ANO PARCEL LIAR 17377. ----- ------ 42 REMAINDER PARCEL NOTE ustYOR "u COIIIMND T I O CrmT c n IMEPSY 1 /� F! S+ PURSUANT ro SECTION 9rw Of THE SULDmSAN Hu ACT. Mr AREA AND SDRm DATA F" ME REMAINDER PARCEL Is Nor SHOWN, SEWER GRYLHr ORAPyr ro y.f I f 1N, fNIDIHa PERMIT SAM, 9r ISSUED FM Mr REMAINDER CARp/T SAMI•LfMM DISTINCT I ICE DOG MO. IIfJ- OOftb3 V �r ij' q PARCEL UNTIL T 6 NMMER SUIOMOED PURSUANT r0 Mr • RECORDED 2/12/11 N QS{ f1 MOV31MS OF lTTE 2+ Of ML CITY, OF [MCJMITAS yy A YUMCVA [WL 7O 32• IRVAM RIND CASEMENT Y H PER DOE. N0. I1 -0171751 + /If /E1. p RAID SOLAR STATEMENT RECORDED �w MIS wL=,M HAVE ALL rARLLLS O EN YWHUY oI IXIL NUHOALD /1") SWARr TER M EACH /Url/IIL DWLILHo M_SMJR ACCESS 0­0010 ALLOWED my r rASLY[MI TO UNIEL2 LWEVISIW MC TINT/ SECTIONS 2427-010 M�[ �M OF C� KR Doc. NO, Ilfl- 022+331 �G,� WMC COOL RECORDED APAR. 0. 1,M N MO CANgI Ipt No... 9r � � VICINITY YAP H9 )PALE CALIF COORO INDEX 320 -1701 01eLi c.YS1rT -n -T1r -SEA u PEED, GRADING PLAN - 3700 -0 "JL 2641 - 241-0( PRIVATE ROAD NOTES RRVATt ROADS ARE ro Be MAINTAINED IN ACCORDANCE WITH PRVATE ROAD MAINTENANCE AGREEMENT RECORDED NOV[M9[1 20. 11" AS OOL, NO. 10- 0624,12 AND M ACCORDANCE MM PRIVATE ROAD YAMI[MANC[ ANTI COST SNAMNO AGM[YMr RECORDED MARCH 27, 1,12 M DOC. NO, 1[92 - 0125+24 AND IN ACCORDANCE MM -M ROAD MAINTENANCE AMrEYENr RECORDED AS Dec. N0. 1914 -yE. L'Y@EC6L?a1D 4 -ID -14 ALL OF Ott,CML ACCORDS ME PRIVATE AOLD EASEMENT IS TO ME MAHEED EY M, OWMM FO EACH PARCEL FOR Mr ' iplrlT M ALL DITHER G,'NCRS cMK"R[Mnr MM THE DFM3MR M III, FOR 4°1 IAIIL'[L ANO 6 To t M11YA EDT MRM[ARM> .... 11 THE NMHLOIEI TO CITY OF ENQNITAS TP.M. 93-OW I ' •it .TALC: -�M '+.1Fr.,i r•1' ]f:V'w+�e- itRLYSM+�TI /�wri�•pr. ... _ - - - - - 174PARCPARCEL MAP NOR `4 6 J14O- -__ -__ _____�- M )r Sol 00' [ .fr.Or SHEET 4 OF 8 SHEET'S JO' 00• M rO.Op+ -c MIA rAe{( 1 _________ ]tau• - W I f . 3IO.Oir l . fr.M' Q . Ml Sr 11• j0 ] I..1ss.00' <. "3r p - Jr15• W' 1 D 330.00• Sr PARCEL 1 x RPAR [DER R . 124.00• t . o. u• p . t! i.0 AL GROSS p \\ ] R . 100].°0• c . s.f! p . ti \\ °d W 1 [ R vt00• l • 10121• p . .O- \ 1 ) R • 1001.°0' < • 101.00' p • AO• PROPOSED 33.00' I I / 3 ! R . !)0.00L • ISO.t1' p • i IRIVAFE RMD F r / 1 S- t • 4w• - Sr 1° 30• W W .$ ` GO s.• sr • 1 Q !I i I =L PROPOSED Q I� I i Q r W MEIY<M , 11 \ M[ CMOIF ! / TO ASSURE USE Or AL OPEN SPACE GsCY[Mr C. rA� ORArIILOON(R[ON <r I / \ -r0 LSSURE AIMOVAI Ot A G[Or <[NNKAI <PORT PLR DOE. NO. 83-033813 GV ' / (D: tcORMO I /Jr /rt. '118x03 u3r<Rlr 1 SE[ SECT I 1 Ir 1 I' ro LONt lAc. RO10 Ma __ ON SNrn [ 1 — _________ O � ' M )r — , \ z ]80.00• \� PARCEL 2 :).°°• U i1 iie is c.Rnots PARCEL 3 O \'p•+- 1\ i O 1 6 a[ _• uJR� °. xTpu "POST' J].oD i.is Ac GROSS 1 PORrrON r sr o! \. \7T t ROAD rltm[N, \ 1\ r �' 108.•. itatRrrD°I".c[ ,-' _- - -__ a'1,. \�♦ i U h WS To ECM "n/ )1, 3 N <r ]a• a, r •\ 1 z AID I 1 2 Vy,AVA TO r.0 /1,D Iµ)A/M)F[O OOrO, OR 44 (R a 'V r1' JJ' I°' C .` \\ O Il N II' ]0' 00" M II PER MAP°' /IR�R CS, tot H fES,fn T �'A'mr W (RJ S.a Jr• ___'-��. , Z0161 r a I 1 MAP J.- ar II,,,� I `•� si e0. OEr[R Or o[DIUnON '' l l I Y o F.R 1U•uc ROADwAr _ -__ 1 I I °• ... m' \ J r I ° r�PURPOSES PER PARCEL 4 -_ -__ • 56.8w7.. \ JI ! r rr 8 , ' I DEC. N0. 91- 01,1054 t=° AC Nrr 1,OleV - , , \ I �N !]. t - `Pr !•' ar \\ Y % / / o ,� �ttt i e[cD1o<D A /= /f r av Ac CROSS y ��1^ { t / , 1 11\ REMAINDER i o �EISf - -��`C l I,' t5e r I 96 / i' i 1 \ t`('1w !_• PRIVATE ROAD "SINEW PER PARCEL E p �- 1 5t p,P r DOE. N0. 1I- 0180IA RCCORO<D . /uq T: \ ti \ r _rte fTA /E ,(\ I .ef ! ' I�IROIOS <D 3a• PRnArt ROAD EASEMENT.- ".` I SHEfT_A' ON F dyv I ! oN MAR 12814, Ox. NO. Ina- ♦° / I 1 01,30) AND OTNERS rI N 5r SEE M)r/3 ON SHEET 3 \ 1 'V Ir / / I ALSO PROPOSED 32' PIIrv1R O I 1 IT (R) \� -rro a), Or ` s �I s0A0 CASMIAT ON Ma / r I \ _ 1 r �_ y PL EL MAP. /l I I \\ r _ _ r[NMENT F M 20. 1 ♦ T ♦,ty. rLaa.� w \ (Rl-1R' , r = '_1 a 1 \�`+ �'� a. . / •'Puws[3 PER s[w[R eT yl • I y �� +� AT Rr �/ �OOL. N0. rn3-001`203.J r I \ cP• yto t N r Al -' ` 1 I� ° SATE OETA /( ifs, �/ ,y P� y. � /� , RED °RDEn r 9".2. tn..Y \SOP I r !A' 3rf ORtlyu 63 yt- 8{ - N ) f1T \43G\ ) •a. \'r''G-'�-- _'a ]N..=• Pr 1 OF r 6� r - -____ - -1� 1 '�LO�'A4. r'i i' •ib,0\'t',�1,\ • a \h y\�� \ �, N130' l : r J \r0 • st \ CON 0 ------ •_. U) OWNERSHIP t \Z•JR. �k'�' '' ! / NOT A PART or _ -- - �- --,-- �'Stltr• / VWAY" dc:: ASSQCIATES� 'INC °�,.t'uvorocraeyr Mlmrr- .)- nc -sct u CALIF COORO INDEX 136-1701 •ao)' GRADING PUN — 3706-0 CRY OP ENClNRAS T.P.M. 93 -053 cm a rvrustl I / snrae arnlr aN � Isla � 1 rrr/ r rr f - M CNmar 1Ma>I1MV =11n 1 Tim .. I - � d J•�. INTERSECTION DETAILS w r I clots- wra,[e lirr aglcrrO: ' tm" sr ranWa loaa tu[NINr ral Nlr furl !xe r�poas ar"Ncr wcYlllpllt � m Nom w SOW J I GIINCM ro owtNr"w YlsaPwAl I W,rta ptrMCl aUxRO ON lltir r W1I 11111 I !'O' ro• l7! �y rtNto Nlu 6 rmr.l. raa• sdla o^ VIM, sa � Arm DETAIL B INrrlarcmx •r oaurl � aaxcx Iwo !ro c1U[ .> salll P . a• ti h INTERSECTION DETAILS w r a � . e 4 PARCEL MAP NO. 17446 I 1111 v v GA L� *$ a. lrao.• • r p . ua•sr n• ;\ . x r �• Sr - N aT ra ate. ro•.;4 <= I/ N IT ". N T a1' ar N Z°•ao t /f -1T raa000• r 1k SHEET s. op 6 SHEETS INTERSECTION DETAILS PARCEL 4 r$r + r 4,1 lltir r •• I : r 1 : ", •� CC Yr I 164 Ott aD. ! e V I PARCEL. 2 rl Y = Ir = 1 I � 1 M • ll fl i�'' � f - _`�` \yam_ \! • M � >a' \�l I I. .�•`- lT ra• 0.. r 11.1) �f.� w M Jr r1• _ _l ``-- R.1 NC RD 1 >. l N If,aa, �. d zl.oa• i DETAIL A l,R1trC110N A/ aouut l 11NCx la.o .w0 GUI I> S"" I. • rC CONWAY & ASSOCIATES , INC. laa ur0.ox aaWr Gm as nr -au a saw " 'r "" `" ' " "`" " ° - " "' ORADINO PUN - 77o9 -a CITY OF E4CBJITA9 TP.M. 93 -033 A.P.N. 794- 241 -01 PAQf�%CI AAAp klrl _ T7fihf PARCEL 2 ' ♦\ n I �` - - -. x lo• or r SHEET 6 OF 6 SHEETS °s - ��tIf 11•l000' PARCEL 3 - I x rr w• 00• r DETAILS OF SEWER EASEMENT 1000' Mwo DEDICATED HEREON .' !r rW - ' -r I I xp1[�rr Ob•�vbnax Orsn DETAILS OF PARCEL 1 II �` REMAINDER PARCEL PRIVATE DRAINAGE AEND I OPEN SPACE EASEMENT II to II I' 1O'O°• - -_ F r$ SEE SHEETS J, ♦ AND S 10"00• - - -'1am r rr•.r°�°° -1i o FOR OTHER DETAILS AND DIMENSIONS -r' i .t[wn -c -' I• II 'u rZ .f =' \\ sxlumr'omincr 7 I �: p' orarurm I ' = \ rmlrox I -: -007 ill\ M PARCEL 2 ' ♦\ n I �` -- r'♦' 4sr�°NM ss[ \ - -4 - 10.00. ♦ ♦`! ��' �� - -: ��tIf 11•l000' PARCEL 3 *t! ~ t• ��� - -- Mwo h .' !r rW - ' -r I xp1[�rr Ob•�vbnax Orsn � � � ♦ ♦ ♦� x r �T� .} PARCEL 4 y >.rir•!ry I Viii♦ I +to 'SLE XoL5 vNLL o♦ ♦yid ^ °\ CCys`Pi . 8 • >^ I -- O �iN [i S S O °Mba ^20yC P =0 i\•J4ry p' ^° ^bh � \ •- �yo "` i °`.''yr�^ o ^i?yr try. ♦oiy ° °h8'� ^h ♦ ♦_ -. y�M1 ° Or by ^ ♦y! yr yh ^� 11 f h3, pJ ryri�,dgo � % H\ to��rts�/"�O )[[r'MCrb.j4 1 )rjllr�.l 1< dr .ASSOCIATES`; %INi.••i,u"u.ar°°c o.rr uurwr- n- n.r -ru, a rsao> GRAM wvxu lnuu !6o -r,vr CONWAY GRADIND PUN - J7p'a- CITY OF ENC1NfTA5 T.P.M. 93 -053 Tec. .Q�, —` °C is ... Y.. . '4. A ^a'• I i •^,yf— i.M/LK Y3 hi'7 .. %At %Air -.r} n f , 4' i' �C � 1994 - 4655445 10 -NOV -1994 11 =13 AM OFFICIAL RECORDS SAN DIEGO CO(B RECORDER'S OFFICE Recording Requested by: ) GREGORY SMITH, COUHTY RECORDER 868 K: 18.00 FEES: 46.00 City of Encinitas ) AF: 27 DO When Recorded Mail To: ) MF: 1.00 City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY1 PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 264- 241 -01 Project No. :TPM 93 -053 W.O. No.: 3706PM Christopher S. Lloyd, as Trustee of the Gregory Trust A. under the Will of Margarita Z Lloyd dated September 11, 1980• Christopher S. Lloyd, a married man; Gregory Cleary, a married man (SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TPM 93 -053 ( "PROPERTY" hereinafter) and which is described as follows: See Exhibit A which is attached hereto and made a part hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval subject to certain conditions requiring the construction of private improvements by SUBDIVIDER. SUBDIVIDER has applied for final approval of the subdivision but has not constructed the required private improvements. In consideration of the final approval of the subdivision of the PROPERTY by the City 10e15epm 8/12/91 • .. of Encinitas ( "CITY" hereinafter), SUBDIVIDER hereby covenants and agrees for the benefit of CITY, to do the following: See Exhibit B which is attached hereto and made a part hereof. 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. 10e15epm 8/12/91 H. By action of the City Council, CITY may assign to a person or persons I-mpacted.by the performance of this Covenant, the right to enforce this Covenant against - SUBDIVIDER. ACCEPTED AND AGREED. Dated _]—:;Ll--9( Dated 7- 27 -9¢ Dated Dated Dated S[IAnTVTr)vD (Notarization of SUBDIVIDER signature is attached.) CITY OF ENCINITAS Dated 4 b (Notarization not required) 10e15epo 8/12/91 871 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Or, L ;Z:,(-I t a County of � ✓t �! �?q o On (c 2� Iq`i`1_ before me,H�t r�rolr 1Vo1a�, jOUbfrc D�T))» E . TITLE OF OFFICER . E. G. WE NOT r P 'c' personally appeared ME(S) OF SIGrE RIS'. ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the mama person(s) acted, executed the instrument. �°Jy` 1E. Mlr WITNESS my hand and official seal. S,GNATURE O• NGTARV OPTIONAL Tocugh the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER r.- E(S: ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: "W OF vERSONISI OR ENTIT/(IESI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 9236 R'. w i A.e. PC Bo. 71 B4 - Canoga Rse,, CA 91309 -7181 ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY 872 PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL, OF SUBDIVISION OF REAL PROPERTY PROJECT NO. TPM 93 -053 PROPERTY DESCRIPTION ALL OF THAT PORTION OF LOT 16 OF THE SUBDIVISION OF RANCHO DE LAS ENCINIT_AS, IN THE CITY OFENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1898, TOGETHER WITH THAT PORTION OF LOT 7 OF CITY OF E."ICINITAS TRACT 87 -041, 114 THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12816, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 21, 1991, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 7, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID LOT 7 NORTH 86' 59' 44' EAST 2298.28 FEET TO THE CENTERLINE OF LONE JACK ROAD AS SHOWN ON SAID MAP 12816, THENCE SOUTHERLY ALONG SAID CENTERLINE SOUTH 21' 04' 36' WEST 39.20 FEET TO THE BEGINNING OF A NON - TANGENT 140.00 FOOT RADIUS CURVE, CONCAVE EASTERLY A RADIAL LINE OF WHICH BEARS NORTH 68' SS' 22" WEST, THENCE CONTINUING SOUTHERLY ALONG SAID - ENTERL INE AND SAID 140.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 28' 04' 47' A DISTANCE OF 68.61 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 82' 59' 51' EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 7' 00' 12' EAST 44.99 FEET TO THE BEGINNING OF A NON- TANGENT 390.00 FOOT RADIUS CURVE, CONCAVE WESTERLY A RADIAL LINE OF WHICH BEARS NORTH 82' 59' 49" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 390.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 13' 15' 19" A DISTANCE OF 90.23 FEET TO A POINT ON SAID CENTERLINE A RADIAL LINE OF WHICH HEARS NORTH 83' 44. 52' WEST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 6' 15' 08" WEST 279.22 FEET TO THE BEGINNING OF A NON - TANGENT 330.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE OF WHICH BEARS NORTH 83' 44' 51" WEST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 330.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 8' 40' 44" A DISTANCE OF 49.99 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 87' 34' 25" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 2' 25' 35" WEST 166.39 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE OF WHICH BEARS NORTH 87' 34' 25" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 350.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 23' 18' 41' A DISTANCE OF 142.40 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 64' 1S' 44" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 25' 44' 15' EAST 175.36 FEET TO THE BEGINNING OF A NON - TANGENT 570.00 FOOT RADIUS CURVE, CONCAVE WESTERLY A RADIAL LINE OF WHICH BEARS NORTH 64' 15' 44" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 570.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 6' 28' 53" A DISTANCE OF 64.48 FEET TO A POINT ON SAID CENTERLINE WHICH IS THE INTERSECTION OF THE CENTERLINE OF LONE JACK AND THE CENTERLINE OF DOUBLE LL RANCE ROAD AS SHOWN ON SAID MAP NO. 12816, A RADIAL LINE OF WHICH BEARS NORTH 70' 44' 37' EAST; THENCE LEAVING THE CENTERLINE OF LANE JACK ROAD WESTERLY ALONG THE CENTERLINE OF DOUBLE LL RANCH ROAD SOUTH 69' 08' 08" WEST 666.11 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE OF WHICH BEARS NORTH 2C' S1' S2' WEST; THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE AND SAID 1000.00 EVOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 32' 06' 29" A DISTANCE OF 560.39 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH Il' 14' 37' EAST; THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE NORTH 78' 45' 23' WEST 606.48 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE OF WHICH BEARS NORTH 11' 14' 37" EAST; THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE AND SAID 350.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 13. 49' 33' A DISTANCE OF 84.46 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 2' 34. 56' WEST; THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE SOUTH 87' 25' 04' WEST 110.57 FEET TO AN ANGLE PCINT IN SAID LOT 7 WHICH IS ALSO THE INTERSECTION OF DOUBLE LL RANCH ROAD AND CALLE 47 ALL AS SHOWN ON SAID MAP; THENCE SOUTHERLY ALONG THE CENTERLINE OF CALLE 47 SOUTH 2' 34' 56" EAST 140.00 FEET TO AN ANGLE POINT IN SAID 873 LOT 7; THENCE LEAVING SAID CENTERLINE SOUTH 70° 29' 39" WEST 377.92 FEET TO A POINT IN THE WEST LINE OF SAID LOT 7; THENCE NORTH 3° 07, 1S" WEST 1398.71 FFEET TO THE TRUE POINT OF BEGINNING. 0 &74 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJEC? NO. TPM 93 -053 SUBDIVIDER'S DUTIES AND OBLIGATIONS Name of SUBDIVIDER: Christopher S. Lloyd, Gregory Cleary Tract or Parcel Map Number :_TPM 93 -053 Name of Subdivision: TPM 93 -053 Resolution of Approval Number: DCD 93 -056 Adopted: August 17, 1993 Estimated total cost of improvements: $50,313 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 private improvements referred to below: Improvement plans for 3706G sheets 1 through 6 , dated 6 -1 -94 and prepared by _ Conway 6 Associates , as approved on 10 -6 -94 by the City Engineer together with any subsequent amendments approved in writing by the City Engineer; on file with CITY in City Engineer's Office and incorporated herein as though fully set forth at length. 10e15epn 8;12/91 f 875 1.2 Further, SUBDIVIDER agrees to perform the following conditions: 4.DRAINAGE A., B. 4.STREET CONDITIONS D. 2.0 YRWRESS OF WORK 2.1 Time is of the essence with this Covenant. SUBDIVIDER shall commence substantial construction of the private improvements required by this Covenant not later than 1 -6 -97 and shall complete the private improvements no later than 10 -6 -97 In the event good cause exists, as determined by the City Engineer, the time for commencement of construction or completion of the private improvements hereunder may be extended. Any such extension may be granted without notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way affect the validity of this Covenant or release the Surety or Sureties on any security given 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 10el5opm 8/12/91 876 such extensions, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Covenant, as extended, in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 2.2 If any of the private improvements are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced prior to SUBDIVIDER demonstrating to CITY that SUBDIVIDER has acquired the appropriate property interests. 2.3 SUBDIVIDER shall,.at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction of the private improvements and give all necessary notices and pay all fees and taxes required by law. 2.4 SUBDIVIDER shall notify the City Engineer in writing at least 15 days prior to the commencement of work hereunder. No construction work shall begin until authorized by CITY. 2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits for the buildings constructed on any lot created by the subdivision until all required improvements have been provided to the satisfaction of the City Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for inspection CITY, to all parts of the work and to the shops wherein the work is in preparation. 2.7 SUBDIVIDER shall give good and adequate warning to the public to each and every existing danger relating to the 10el5epn 8/12/91 877 construction of the private improvements, and shall protect the public from such dangers. 3. INSPECTIONJAPPROVAL OF IMPROVEMEim 3.1 The City Engineer or his duly authorized representative, upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense, the private improvements herein agreed to be constructed and installed by SUBDIVIDER. If determined to be in accordance with applicable CITY standards and the other terms of this Covenant, the City Engineer shall approve the improvements. 3.2 SUBDIVIDER agrees to pay for each inspection of the improvements required by the City Engineer. 3.3 Approval of the private improvements by CITY, shall not constitute a waiver by CITY of any defects in the improvements. 3.4 Until such time as the private improvements required by this Covenant are fully completed by SUBDIVIDER and approved by the City Engineer, SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such private improvements. 4.0 HOLD HARMLESS 4.1 SUBDIVIDER agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of SUBDIVIDER or SUBDIVIDER's agents, employees, subcontractors, officials, officers or representatives. Upon demand, SUBDIVIDER shall, at its own expense, defend CITY and 10e15epm 8/12/91 CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. • 4.2 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the private improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to SUBDIVIDER's proposed plans, specifications or desigp so long as such change is objected to, in writing, by SUBDIVIDER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 4.3 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the construction of the private improvements; alleged defects in the materials furnished in the construction of the private improvements; alleged injury to persons or property; alleged inverse condemnation of property or a consequence of the design, construction, or maintenance of the work or the private improvements; and any accident, loss or damage to the work or the private improvements prior to the approval of the construction of the private improvements by CITY. 4.4 By approving the improvement plans, specifications and design or by inspecting or approving the private improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of SUBDIVIDER who shall remain obligated in the same 10615opm 8/12/91 degree to indemnify and hold CITY and CITY's officers, officials, g Y employees and agents, harmless as provided above. 4.5 SUBDIVIDER's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 5.0 INSURANCE 5.1 SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by CITY and authorized to do business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000.00) for each occurrence. The insurance policy shall provide that the policy shall remain in force during the life of this COVENANT and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to CITY from the insurance company. 5.2 CITY shall be named as an additional insured on SUBDIVIDER's policies. 5.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 6.0 REPAIR MAINTENANCE AND REPLACEMENT As a condition on the approval by CITY of the satisfactory construction of the private improvements, SUBDIVIDER shall prepare, have executed, and record a covenant, in a form satisfactory to CITY, whereby property owners who will be served by the private 10e15epm 8/12/91 LM improvements will be obligated to provide for the repair, maintenance and replacement of the private improvements and to indemnify and hold CITY an& CITY's officers, officials, employees and agents, harmless. 7.0 NOTICES 7.1 Any notices to be given under this COVENANT, or otherwise, shall be served by certified mail. 7.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any such notice on its behalf is: City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 and the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: CHR /5 G 3&/!S Zvi ?TUn� /,� ctl Rc) C- -wCr�v�T�4�� Cry gZoZd 8.0 SUBDIVIDE: IMMIGRATI SUBDIVIDER ce requirements of the USC $$ 1101 -1525) including but not ;'s CERTIFICATION OF AIWENESS —OF N CONTROL ACT 0 1906 rtifies that SUBDIVIDER is aware of the Immigration Reform and Control Act of 1986 (8 and will comply with these requirements, limited to verifying the eligibility for 10e15epo 8/12/91 MI employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. ' 9.0 GENERAL PROVISIONS 9.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER's duties and obligations under this Covenant. 9.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the .duties and obligations set forth herein. 9.3 SUBDIVIDER shall provide the improvements as an independent contractor and in pursuit of SUBDIVIDER's independent calling, and not as an employee of CITY. SUBDIVIDER shall not be under control of CITY except as to the result to be accomplished. SUBDIVIDER may confer with CITY as required to perform this Covenant. 9.4 No verbal agreement or conversation with any officer, official, agent or employee of CITY, either before, during or after the execution of this Covenant, shall effect or modify any of the terms or obligations herein contained. 10el5epm 8/12/91 Recording requested by: ) Cardiff Sanitation District ) When Recorded Mail To: �) District Clerk ) Cardiff Sanitation District ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) DOC # 1994 - 0655404 10 -NOV -1994 11 =13 AM OFFICIAL RECORDS 02 SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF: 20.00 FEES: 52.00 AF: 31.00 MF: 1.00 SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 264 - 241 -01 Project No.: TPM 91 -n57 W. O. No.•i7nFpM Christopher S. Lloyd, as Trustee of the Gregory Trust A. under the will of Margarita Z Lloyd dated September 11, 1980; Christopher S. Lloyd, a married man; and Gregory Cleary, a married man ( "SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TPM, qi -n53 ( "PROPERTY" hereinafter) and which is described as follows: See Exhibit A which is attached hereto and made a part hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval subject to certain conditions requiring the construction of 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 improvement plans for the required improvements by the Cardiff Sanitation District ( "DISTRICT" hereinafter), SUBDIVIDER hereby TF /03 /COV2- 308wp51 1(4/26/91 -1) loelsa 1 JAN 90 853 covenants and agrees for the benefit of DISTRICT, to do following; the See Exhibit B'which made a part hereof. is attached hereto and 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, DISTRICT may add to the property tax bill of the PROPERTY any past due financial obligation owing to DISTRICT 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 DISTRICT 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 DISTRICT shall execute a Satisfaction of Covenant. H. By action of the Board of Directors, DISTRICT may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against SUBDIVIDER. TF /03/COV2- 308wp51 2(4/26/91 -1) 10e15a 1 JAN 90 ' / 854 ACCEPTED AND AGREED. Dated I ~ 2i- 9 Y Dated 7- 2 ?-'9 0' SUBDIVIDER (Notarization of SUBDIVIDER signature is Dated C , CARDIFF SANITATION DISTRICT by O n V cl: of the Board (NOtari ation not required) TF /03 /COV2- 308wp51 3(4/26/91 -1) 10e15a 1 JAN 90 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 855 k ,. State of l rr �-+nf ✓t t q County of scxn On 7t. It I T71 before me, _N cz yr a-, 'k'r o 11 NA - OF OFFICER - E G ,'JANE DOE. NOTARY &Ic' Personally appeared �kriS}a�nPr 00,id 0rid 6he4or4 Cleary NAMe(SI OF &f R;S; C personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the luau person(s) acted, executed the instrument. •o�le�'r°�'� ,w• WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER T'TLE6. ❑ PARTNER(S) ❑ LIMITED _ ❑ GENERAL IJ ATTORNEY -IN -FACT ❑ TRUSTEE(S) _❑ GUARDIANICONSERVATOR I_ OTHEn: SIGNER IS REPRESENTING: N E OF PFASONISI OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE VIM NATIONAL NOTARY ASSOCIATION • 8296 RBrri n t Ave P.O BOY 1184 • Cano9E Park. CA 91309 -'/:BA ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON 8 56 FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY PROJECT NO. TPM 93 -053 PROPERTY DESCRIPTION ALL OF THAT PORTION OF LOT 16 OF THE SUBDIVISION OF RANCHO DE LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1898, TOGETHER WITH THAT POATION OF LOT 7 OF CITY OF ENCINITAS TRACT 87 -041, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0, 12816, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 21, 1991, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 7, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID LOT 7 NORTH 86° 59' 44" EAST 2298.28 FEET TO THE CENTERLINE OF LONE JACK ROAD AS SHOWN ON SAID MAP 12816, THENCE SOUTHERLY ALONG SAID CENTERLINE SOUTH 21° 04. 36" WEST 39.20 FEET TO THE BEGINNING OF A NON - TANGENT 140.00 FOOT RADIUS CURVE, CONCAVE EASTERLY A RADIAL LINE OF WHICH BEARS NORTH 680 55' 22" WEST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 140.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 28" 04' 47" A DISTANCE CF 68.61 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 820 59' 51" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 7' 00' 12" EAST 44.99 FEET TO THE BEGINNING OF A NON - TANGENT 390.00 FOOT RADIUS CURVE, CONCAVE WESTERLY A RADIAL LINE OF WHICH BEARS JORTH 82° 59' 49" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 390.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 13" 15' 19" A DISTANCE OF 90.23 FEET TO A POINT ON SAID CENTERLINE A RADIAL LINE OF WHICH BEARS NORTH 83° 44' 52" WEST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 6° 15' 08" WEST 279.22 FEET TO THE BEGINNING OF A NON - TANGENT 330.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE OF WHICH BEARS NORTH 83" 44' 51" WEST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 330.00 FOOT RADIUS CCIRVE THROUGH A CENTRAL ANGLE OF 8° 40' 44" A DISTANCE OF 49.99 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 870 34' 25" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 2° 25' 35" WEST 166.39 FEET TO THE BEGINNING OF A TANGENT 3$0.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE OF WHICH BEARS NORTH 87" 34' 25" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 350.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 230 18' 41" A DISTANCE OF 142.40 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 64° 15' 44" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 2S" 44' 15" EAST 175.36 FEET TO THE BEGINNING OF A NON- TANGENT 570.00 FOOT RADIUS CURVE, CONCAVE WESTERLY A RADIAL LINE OF WHICH BEARS NORTH 64° 15' 44" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 570.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 6" 28' S3" A DISTANCE OF 64.48 FEET TO A POINT ON SAID CENTERLINE WHICH IS THE INTERSECTION OF THE CENTERLINE OF LONE JACK AND THE CENTERLINE OF DOUBLE LL RANCH ROAD AS SHOWN ON SAID MAP NO. 12816, A RADIAL LINE OF WHICH BEARS NORTH 70° 44' 37" EAST; THENCE LEAVING THE CENTERLINE OF LONE JACK ROAD WESTERLY ALONG THE CENTERLINE OF DOUBLE LL RANCH ROAD SOUTH 69° 08' 08" WEST 666.11 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE OF WHICH BEARS NORTH 20° S1' 52" WEST; THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE AND SAID 1000.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 32° 06' 29" A DISTANCE OF 560.39 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 11° 14' 37" EAST; THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE NORTH 78° 45' 23" WEST 606.48 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE OF WHICH BEARS NORTH 110 14' 37" EAST; THENCE CONTINUING WESTERLY ALONG SAID CENTERL:NE AND SAID 350.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 130 49' 33" A DISTANCE OF 84.46 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 2° 34' 56" WEST; THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE SOUTH 870 25' 04" WEST 110.57 FEET TO AN ANGLE POINT IN SAID LOT 7 WHICH IS ALSO THE INTERSECTION OF DOUBLE LL RANCH ROAD AND CALLE 47 ALL AS SHOWN ON SAID MAP; THENCE SOUTHERLY ALONG THE CENTERLINE OF CALLE 47 SOUTH 2" 34' 56" EAST 140.00 FE?I TO AN ANGLE POINT IN SAID f 857 LOT 7; THENCE LEAVING SAID CENTERLINE SOUTH 700 29' 39" WEST 377.92 FEET TO A POINT IN THE WEST LINE OF SAID LOT 7; TVNCP NORTH 1° 07' 18" WEST 1198.71 FFEET TO THE TRUE POINT OF BEGINNING. i 858 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TPM 93 -053 SUBDIVIDER'S DUTIES AND OBLIGATIONS Name of SUBDIVIDER: Christopher S. Lloyd, Gregory Cleary Tract or Parcel Map Number :TPM 91 -o53 Name of Subdivision: TPM 93 -053 Resolution of Approval Number:DCD 93 -058 Adopted: August 17, 1993 Estimated total cost of improvements: $24,463 1.0 IMPROVEMENTS REQUIRED 1.1 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to furnish all the labor, equipment and materials to perform and complete, in accordance with the plans and specifications and to the satisfaction and approval of the District Engineer, all of the improvements referred to below: Improvement plans for CS169 sheets 1 through 2 dated 6 -1 -94 and prepared by Conway & Associates as approved on 8 -2 -94 t- the District Engineer together with any subsequent amendments approved in writing by the District Engineer; on file with DISTRICT in the District office and incorporated herein as though fully set forth at length. 1.2 Further, SUBDIVIDER agrees to perform the following conditions: TF /03/COV2-308wp51 5(4/26/91-1) 10e15a 1 JAN 90 859 RESOLUTION CONDITIONS: Utilities A. 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 11 -2 -96 and shall complete the improvements no later than 8 -2 -97 In the event good cause exists, as determined by the District 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 District 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 District 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 District 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 TF /03/COV2- 308wp51 6(4/26/91 -1) 10e15a 1 JAN 90 860 acceptance by DISTRICT of appropriate property interests. SUBDIVIDER 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 District Engineer in writing at least 15 days prior to the commencement of work hereunder. No construction work shall begin until authorized by DISTRICT. 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 District Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for inspection by DISTRICT, 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. TF /03/COV2- 308wp51 7(4/26/91 -1) 10e15A 1 JAN 90 i o 3.0 INSPECTION /ACCEPTANCE OF IMPROVEMENTS 3.1 The District 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 SUBDIVIDER. If determined to be in accordance with applicable DISTRICT standards and the other terms of this Covenant, the District Engineer shall approve the improvements and recommend the acceptance of the public improvements by DISTRICT through resolution of the Board of Directors of the Cardiff Sanitation District. 3.2 The SUBDIVIDER agrees to pay for each inspection of the improvements required by the District Engineer. 3.3 Approval of the improvements and acceptance of the public improvements by DISTRICT, shall not constitute a waiver by DISTRICT 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 District Engineer and the public improvements are accepted by DISTRICT, SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such public improvements. 4.0 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 TF /03/COV2- 308wp51 8(4/26/91 -1) - 10e15a 1 JAN 90 any of the requirements of this Covenant or otherwise fails to function to the satisfaction of the DISTRICT, SUBDIVIDER shall without delay and without aAy cost to DISTRICT, repair, replace or reconstruct any failing part or parts of the public improvement. 4.2 TEN YEARS. For ten years following the acceptance by DISTRICT of the public improvements, SUBDIVIDER shall remain obligated to cure all identified defects in the design, construction, materials of the public improvements. 5.0 BBCURITY 5.1 FOR CONSTRUCTION OF IMPROVEMENTS ;. Prior to the sale or transfer of all or any portion of this Subdivision, or prior to the issuance of any development permits for this Subdivision, SUBDIVIDER shall furnish to DISTRICT good and sufficient security in the form of a cash deposit, letter of credit, or other security as approved by _Ie District Engineer in the amount of 150% of the then - current estimate of the construction costs of the improvements to assure faithful perforc,nce of this Covenant. 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 DISTRICT 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 TF /03 /COV2- 308wp51 9(4/26/91 -1) - 10e15e 1 JAN 90 863 furnish to DISTRICT good and sufficient security, in the form of a cash deposit, letter of credit or other security as approved by the City 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 DISTRICT 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 DISTRICT, at DISTRICT's option, to perform such duty or obligation twenty (20) days after DISTRICT 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 DISTRICT. The security posted by SUBDIVIDER pursuant to this Covenant may be used by DISTRICT for the completion of such performance, but shall not limit SUBDIVIDER's liability. 6.2 In the event of SUBDIVIDER'S uncured default, DISTRICT may take over the work and prosecute the same to completion, by contract or by any other method DISTRICT may deem advisable, for the account and at the expense of SUBDIVIDER. SUBDIVIDER shall be liable to DISTRICT for the actual costs or damages occasioned DISTRICT thereby. without liability for so doing, DISTRICT may take possession of the construction site and the work. In completing the work, DISTRICT may utilize such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary therefore. 6.3 Should the exigencies of the case require repairs, replacements, or work to be done before SUBDIVIDER can be notified TF /03/COV2- 308wp51 10(4/26/91 -1) _ lOel5a 1 JAN 90 I 864 and given 20 days to perform, DISTRICT may, at DISTRICT's option and without liability, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to DISTRICT the actual costs of so doing. 7.0 HOLD HARMLESS 7.1 SUBDIVIDER agrees to indemnify and hold DISTRICT and DISTRICT'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 iA 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 DISTRICT and DISTRICT'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 DISTRICT to the SUBDIVIDER's proposed plans, specifications or design so long as such change is objected to, in writing, by the SUBDIVIDER, and the writing is filed with the District Engineer more than ten days prior to the commencement of work. 7.3 SUBDIVIDER's obligation herein includes, but is not TF /03/COV2- 308wp51 11(4/26/91 -1) 10e15a 1 JAN 90 MUM mum h 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 DISTRICT. 7.4 By approving the improvement plans, specifications and design; by inspecting or approving the improvements; or by accepting the public improvements, DISTRICT shall not have waived the protections afforded herein to DISTRICT and DISTRICT's officers, officials, employees and agents or diminished the obligation of SUBDIVIDER who shall remain obligated in the same degree to indemnify and hold DISTRICT and DISTRICT'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 DISTRICT's intentional wrongful acts, DISTRICT's violations of law, or DISTRICT's sole active negligence. TF /03/COV2- 308wp51 12(4/26/91 -1) 1oe15a 1 JAN 90 :,7 8.0 INGURANCE 8.1 The SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by DISTRICT 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 or aggregate. 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 DISTRICT from the insurance company. 8.2 DISTRICT shall be named as an additional insured on SUBDIVIDER's policies. 8.3 SUBDIVIDER shall furnish certificates of said insurance to DISTRICT 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 DISTRICT and the proper person to receive any such notice on its behalf is: District Engineer Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 and the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: 3G 5 GoRrvn�A Rr�»cH RW C�Un�i%xiS� CN 9202 TF /03/COV2- 308wp51 13(4/26/91 -1) 10e15a 1 JAN 90 iWEL- 867 10.0 SUBDI71DER'8 CERTIFICATION of AMARENEss OF r IMMIGRATION REFOR*! A*TD CONTROL ACT OF 1986 SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC SS 1101 -1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. 11.0 GENERAL PRO7ISIONs 11.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of DISTRICT 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 DISTRICT. SUBDIVIDER shall not be under control of the DISTRICT except as to the result to be accomplished. SUBDIVIDER may confer with DISTRICT as required to perform this Covenant. 11.4 No verbal agreement or conversation with any officer, official, agent or employee of DISTRICT, either before, during or after the execution of this Covenant, shall effect or modify any of the terms or obligations herein contained. TF /03/COV2- 308wp51 14(4/26/91 -1) 10e15a 1 JAN 90 DOC 0 1994- 0655403 10 -HOU -1994 11 =13 AM Recording requested by: ) OFFICIAL RECORDS City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE When Recorded Mail To: ) 834 GREGORY SMITH, COUNTY RECORDER RF: 22.00 FEES: 59.00 City clerk ) AF: 35,00 City of Encinitas ) up MF: 1.00 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 264- 241 -01 Project No.: TPM 93 -053 W.O. No.: 3706PM Christopher S. Lloyd, as Trustee of the Gregory Trust A. 11naer the will of Margarita Z. Lloyd dated September 11 1980; Christopher S. Lloyd, a married man; and Gregory Cleary, a married man ( SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TPM 93 -053 which is described as follows: ( "PROPERTY" hereinafter) and 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.HJ 10/06/93 r 835 C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, persopal 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. 0. 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.HJ 10/06/93 836 ACCEPTED AND AGREED. SUBDIVIDER Dated ) — 9 Dated (Notarization of SUBDIVIDER signature is attached.) CITY OF ENCINITAS C c1 f `I Dated by `lL: ,L < l l Sandra Holder (Notarization not required) 10a15a.HJ 10/06/93 fi I 9 At 1911RUTA ALL- PURPOSE ACKNOWLEDGMENT 837 I -: ,x State of ✓l f a County of _D r On Jac ( / before me, Partct4 1�rOI +cX k&f7 o {°hc PATE I LE OF OFFICER EA 'ANE DOE. NOTARY UO' personally appeared `` K r^ IS"ta I -F 1 - -� NAMESI OE SIpNEA:S: ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the aL D person(s) acted, executed the instrument. =R w�t'RI WITNESS my hand and official seal. SIGNATJRE OE NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this torn. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER fli"M ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NM/E OF PERSONS) OR EN?T'IIESI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - e.:3G Gemmel Ave P 0 Bov 7181 • Canopa Park. CA 913D9 7181 A"...... ATTACHMENT A TO COVENANT. REGARDING REAL PROPERTY PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON 38 FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY PROJECT NO. TPM 93 -053 PROPERTY DESCRIPTION ALL OF THAT PORTION OF LOT 16 OF THE SUBDMSION OF RANCHO DE LAS ENCINITAS, IN HE CITY OF ENCINITAS, COUNTY OF SAw DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TFLER-ECF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1898, TOGETHER WITH THAT PORTION OF LOT 7 OF CITY OF ENCINITAS TRACT 87 -041, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12816, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 21, 1991, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 7, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID LOT 7 NORTH 86" 59' 44' EAST 2298.28 FEET TO THE CENTERLINE OF LONE JACK ROAD AS SHOWN ON SAID MAP 12816, THENCE SOUTHERLY ALONG SAID CENTERLINE SOUTH 21' 04. 36' WEST 39.20 FEET TO THE BEGINNING OF A NON - TANGENT 140.00 FOOT RADIUS CURVE, CONCAVE EASTERLY A RADIAL LINE OF WHICH BEARS NORTH 680 55' 22' WEST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 140.00 FOOT RADIUS CURVE THROUGH A CENTRAL. ANGLE OF 28° 04' 47' A DISTANCE OF 68.61 FEET TO A POINT ON SAID CENTERLINE. A RADIAL LINE OF WHICH BEARS NORTH 82° 59' S1" EAST; THENCE CONTINUING: SOUTHERLY ALONG SAID CENTERLINE SOUTH 7^ 00' 12' EAST 44.99 FEET TO THE BEGINNING OF A NON - TANGENT 390.00 FOOT RADIUS CURVE, CONCAVE WESTERLY A RADIAL LINE OF WHICH BEARS NORTH 82" 59' 49" EAST: THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 390.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 13. 15' 19" A DISTANCE OF 90.23 FEET TO A POINT ON SAID CENTERLINE A RADIAL LINE OF WHICH BEARS NORTH 83' 44' S2" WEST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 60 15' 08" WEST 279.22 FEET TO THE BEGINNING OF A NON - TANGENT 330.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE OF WHICH BEARS NORTH 83" 44. 51' WEST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 330.00 FOOT RADIUS CURVE THROUGH • CENTRAL ANGLE OF 8' 40' 44" A DISTANCE OF 49.99 FEET -0 A POINT ON SAID CENTERLINE, • RADIAL LINE OF WHICH BEARS NORTH 87. 34' 25" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 20 25' 35' WEST 166.39 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE OF WHICH BEARS NORTH 87° 34' 25" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 350.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 23° 18. 41" A DISTANCE OF 142.40 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 64° 1S' 44' EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 25' 44' 15" EAST 175.36 FEET TO THE BEGINNING OF A NON- TANGENT 570.00 FOOT RADIUS CURVE, CONCAVE WESTERLY A RADIAL LINE OF WHICH BEARS NORTH 64' 15' 44" EAST; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 570.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 6" 28' 53" A DISTANCE OF 64.48 FEET TO A POINT ON SAID CENTERLINE WHICH IS THE INTERSECTION OF THE CENTERLINE OF LONE JACK AND THE CENTERLINE OF DOUBLE LL RANCH ROAD AS SHOWN ON SAID MAP NO. 12816, A RADIAL LINE OF WHICH BEARS NORTH 70° 44. 17" EAST: THENCE LEAVING THE CENTERLINE OF LONE JACK ROAD WESTERLY ALONG THE CENTERLINE OF DOUBLE LL RANCH ROAD SOUTH 69. 08' 08" WEST 666.11 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE OF WHICH BEARS NORTH 20. 51' 52' WEST; THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE AND SA;D 1000.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 320 06' 29' A DISTANCE OF 560.39 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 110 14' 37" EAST: THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE NORTH 78' 45' 23" WEST 606.48 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE OF WHICH BEARS NORTH 11" 14' 37' EAST; THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE AND SAID 350.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 13° 49' 33" A DISTANCE OF 84.46 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 2' 34' 56' WEST; THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE SOUTH 87° 25' 04' WEST 110.57 FEET TO AN ANGLE POINT IN SAID NAT 7 WHICH IS ALSO THE INTERSECTION OF DOUBLE LL RANCH ROAD AND CALLS 47 ALL AS SHOWN ON SAID MAP; THENCE SOUTTT!RLY ALONG THE CENTERLINE OF CALLE 47 SOUTH 2' 34' 56' EAST 140.00 FEET TO AN ANGLE POINT IN SAID LEE LOT 7; THENCE LEAVING SAID CENTERLINE SOUTH 70° 29' 39• WEST 377.92 FEET TO A POINT IN THE WEST LINE OF SAID LOT 7; THENCE NORTH 3° 07' 18• WEST 1398.71 FFEET TO THE • TRUE POINT OF BEGINNING. . 8ao ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TPM 93 -053 SUBDIVIDER'S DUTIES AND OBLIGATIONS Name of SUBDIVIDER: Christopher S. Lloyd, Gregory Cleary Tract or Parcel Map Number : TPM 93 -053 Name of Subdivision: TPM 93 -053 Resolution of Approval Number: Drn 92 -058 Adopted: �igiist 17. 1993 Estimated total cost of improvements: uo imant'Yinn- SSnR 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: sheets through Improvement plans for _ _ dated and prepared by as approved on by the City Engineer together with any subsequent amendments approved in writing by the City Engineer; on file with CITY in the Department of Public Works and incorporated herein as though fully set forth at length. 10e15a.HJ 10/06/93 84I 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 10a15a.HJ 10/06/93 842 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 1oe15a.Hi 10/06193 843 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 and shall complete the improvements no later than In the event good cause exists, as determined by the City Engineer, the time for commencement of construction or completion of the 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.HJ 10/06/93 U- shall pay the actual costs of acquisition of such property interests. 2.3 SUBDIVIDER shall-9 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 nqt 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.HJ 10/06/93 E 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 Counr;il of CITY. 3.2 The SUBDIVIDER agrees to pay for each inspection of zhe 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 /WM RANTY 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.HJ 10106/93 • e , 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 150% 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 loot 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.HJ 10/06/93 • / I 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.HJ 10/06/93 ME 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 HARMLB$O 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.HJ 10/06/93 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 personf; 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 10015a.HJ 1D/06/93 :. / damaproperty g a insurance from an insurance company approved by 850 / CITY and authorized to do business in the State of California, in an insurable amount of sot less than one million dollars ($1,000,000.00) for each occurrence. The insurance policy shall provide that the policy shall remain in force during the life of this COVENANT and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to CITY from the insurance company. 8.2 CITY shall be named as an additional insured on SUBDIVIDER's policies. 8.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 9.0 NOTICES 9.1 Any notices to be given under this COVENANT, or otherwise, shall be served by certified mail. 9.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any such notice on its behalf is: City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 and the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: cHR�s � �dyo 3G�5 `pi�iUNr� R�rH Rte! CNGJNiT�S CA qZO Z9 10e15a.HJ 10/06/93 . 851 10.0 SUBDIVIDZRIS CERTIFICATION OF AWARENE96 OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC SS 1101 -1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. 11.0 GENERAL PROVI$IONe 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. 10e15e.HJ 10/06193 1227 RECORDING REQUEST BY AND • WHEN RECORDED MAIL TO: Daniels Cablevision 5720 E1 Camino Real Carlsbad, CA 92008 • Attn: Corporate Contracts NO TAX DUE — no consideration paid DDCUME�)jMAA��RRYjY �TRANSFER TAX $ 0 By DOC # 1994-C' 539 05- APR - 1996 11 PM OFFTCTAE RECORDS SA)I DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RIMER RF: 10.00 FEES: 22.00 AF: 10.00 AF: 1.00 SEP LL 1t 1�1 i FOR COUNTY USE ONLY 'KAJ CABLE TELEVISION CONSTRDCTIOM WIRING AGREEMENT AND EASEMEN4 THIS AGREEMENT is made and entered into this is day of March , 19 93 , by and between Daniels Cablevision Inc. (Company) and RECITALS (Eris Lloyd, aka C?ristonher d ( "Owner "). The Company holds a Franchise permit or other authority for, and owns and operates a cable television system within the City, town or County of Encinitas , and Owner owns the real property and improvements known as an lot. Tr.et e7 -41 and located a%.. w.ii.,.,­r Tyr... *.re ( "Development "), the legal description of which is attached hereto an Exhibit' "A' and incorporated herein by reference. WHEREAS, Owner desires to have cable television service available at the dwelling units of the Development and Company desires to provide such services to the dwelling units. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements, contained herein, and for other valuable consideration, the parties agree as followat 1. INSTALLATION. The Company agrees to install in the utility trenches or other areas as required by system design, all facilities, excepting interior wiring, necessary to transmit television signals to and within all the dwelling units within the Development. The installation will include but not be limited to, cable and amplifiers, line splitting devices, conduit, amplifier housing and all facilities related thereto (the •Facilities "). Company agrees to install both 1' and 2" conduits as specified on design. As soon as possible, Owner shall provide to Company a legible set of plans for gas and electricity facilities at the Development. Owner agrees to provide all utility trenches and backfilling of said trenches at no cost to the Company. When Owner places utility trenches at street crossings prior to performing trenching on other portions of the Development, Company shall provide owner with materials only and owner shall place therm at the street crossings. Owner shall provide to Company at least 2 business days notice of utility trench opening. In the event Owner requests that Company replace or relocate existing facilities at the Development, Owner shell reimburse Company for all costs for the replacement, undergrounding or relocation. 2. PREWIRING. When the dwelling units being constructed by the Owner reach the stage where electrical wiring is necessary, the Company agrees to furnish all necessary materials, specifications W a� 1228 and design prints for the purpose of prowiring each dwelling unit with up to ] outlets per unit. The owner agrees to prewire each dwelling unit to all Company specifications including but not limited to, cable, wall plates and all prewire materials. owner shall provide to Company a list of dwelling unit addresses when it becomes available. 3. GRANT OF EASEMENT. By execution of the Agreement, Owner hereby grants to Company and its successors and assigns an easement and right -of -way over, across, along and under the Development for the purpose of installing, constructing, reconstructing, repairing, replacing, operating, maintaining or removing Facilities. Company shall have the further right to enter upon the adjacent lends of the owner for access to the right -of -way and for all purposes in connection with providing cable television service to the Development. The Owner represents and warrants that it is the owner of the Development and has the right to grant easement. This easement shall inure to the benefit of and be binding upon the respective heirs, personal representatives, successors and assigns of the parties hereto, and shall remain in full force and effect so long as the right -of -way shall be utilized for the purposes for which this easement is granted. a. OWNERSHIP OF THE FACILITIES. Title to all of the Facilities installed in the Development pursuant to this Agreement shall at all times be and remain vested in the Company. 5. SUPERVISION. owner agrees to provide supervision over and coordination among the various contractors working in and about the Development in order to prevent damage to the Company's Facilities. Any expense to Company due to damage to Facilities caused by the Owner, its contractors, agents or subcontractors, will be billed to and promptly paid for by the Owner. 6. SERVICE. The owner agrees that it has not and @hall not grant, convey or otherwise transfer to any other entity any right to construct operate or maintain a cable television distribution system, satellite system, multipoint distribution system, multichannel multipoint distribution system, or other similar systems within the Development. 7. AUTHORITY OF OWNER. The Owner warrants and represents to the Company that it has full right, authority and power to grant to the company the rights and privileges granted herein, and the owner agrees to indemnify and hold the Company harmless from any claims, losses, costs or expenses incurred by the Company arising out of the breach by the Owner of the provisions of this Paragraph 7 or out of the failure of the Owner to effectively vest in the Company all rights, privileges, easements and rights -of -way described in Paragraphs 3 and 6. S. FUTURE DZYEl&EJ HT. owner agrees to give the Company reasonable advance written notice of its intention to undertake any new development in the vicinity of the Development and grants to the Company the exclusive option to install its facilities as not forth in this Agreement by written notice to Owner. The Company agrees to notify the Owner in writing within 60 days of receiving said notice from owner of the Company's election to Install its cable television system in such new development. 9. IM The term of this Agreement shall commence on the date above and continue in effect consistent with the term of the franchise. 10. NOTICES AND PAYMENTS. Any notices or other communications provided for herein shall be delivered at the addresses set forth below or at any other address which may be specified in writing by the parties hereto. 1229 11. GOVERNING LAW. This Agreement shall be governed by the laws of the state of California as to interpretation, construction and performances. 12. FNTIRF AGREEMENT. This Agreement constitutes the entire understanding between the parties and contains all the covenants made between the parties with respect to the subject matter hereof. This Agreement supersedes any and all other agreements by either party, either oral or in writing, with respect to the subject matter hereof. 13. AMENDMENTS. This Agreement say be amended, changed or modified only by written amendment executed by the parties hereto. 14. ABST Q . This Agreement shall be binding upon and inure to the benefit of the successors, assigns and heirs of the parties hereto. IN WITNESS WHEREOF, the parties has executed this Agreement as of the day and year first above written. Chriz��ftr Lloyd Title Joni RCompany Odom Address: Addresss C/o Conway c Associates 5770 El Canine Real 135 Liverpml eA Carlsbad, CA 92008 Cardiff, CA 97007 • `a (�r. r rG( l 1230 State of Cd my a ,a n -D i 4 a J` � a< 1�3Nelore nta, I��NC + /� }- ro(IC.✓; NdjaM 1'u b�lc., d aKU t uia oat n mu e• pwsonsnyr appeared rMUY9 ❑ panwnaly gtorrn b me - OR -�f pnxred b M do the beats d aaestedory eMdence Ware b be Ue p*mon(s) whoa* neme(s) • ... aub,,,,,.d to do within Ins""ent and ac- knowledged to me that h"h*nhwy exearted • the dame In hle/her/Ihelr authorized _ capaclty(hes), end that by his/her /their inau'u"W"l the Person(a), N NC KRO¢LICN *Mture(s) on the or the entity upon behalf of which the rer p*rw+(e) add. executed the bshumenL .. ESS my hard and official seal. a r7-r�cK rnw v rer.ar State r -//� County d %n ✓J ' 6 On S- H- 9 3 before me. W"I `pe/nwrtasy appeared .. .rrrmarxL.r.a personally lcown b me - OR - ❑ primed b rro on iM basis d saasfecbry evbog to be the penonN whose name'(s1 orate -. - subscrtbad to the within truttument and ac- •:•i'•: I wedged to me that flask 7 executed the same In Mather /fir authorized csrscly(!*Q- and at by hWherlthelr Q elpr lluret*� P � ��nem vie persons ryas or the entity upon behalf of which the arattrrrra persort(si.adad, exeetltad the htatrumerd. aa� WfiN£q my hand and dnladal wal./ r I 1231 EXHIBIT "A' PROPERTY DESCRIPTION LOTS 1, 3, 4 AND 7 OF CITY OF ENCINITAS TRACT 87 -041, IN TEE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12816 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 21, 1991 , TOGETHER WITH ALL THAT PORTION OF LOT.1 IN SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF AND ALL THAT PORTION OF LOT 16 OF THE SUBDIVISION OF RANCHO DE LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, PILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1898, DESCRIBED AS POLLOWSt COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 16; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 16, 696.78 FEET; THENCE NORTH 2. 25' 19' WEST 475.03 FEET ; THENCE NORTH 87. 34' 51' EAST 669.02 FEET TO THE TRUE POINT OF BEGINNING ; THENCE SOUTH 87. 34. 51' WEST ; THENCE NORTH 2 25' 19' WEST TO THE SOUTH LINE OF THAT 30.00 FOOT PIPELINE EASEMENT GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED JULY 25, 1977 AS FILE NO. 77- 296591 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY ; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID PIPELINE EASEMENT, TO THE CENTERLINE OF COUNTY ROAD SURVEY NO. 554, (KNOWN AS LONE JACK ROAD( AS SHOWN ON RECORD OF SURVEY NO. 6085 , FILED IN THE OFFICE OF SAID COUNTY RECORDER ON AUGUST 14, 1962, THENCE SOUTHERLY ALONG SAID CENTERLINE, TO ITS INTERSECTION WITH A LINE THAT BEARS NORTH 71. 12' 24• EAST FROM THE TRUE POINT OF BEGINNING ; THENCE SOUTH 71. 12' 24' WEST TO THE TRUE POINT OF BEGINNING. END LEGAL DESCRIPTION DUC lgg4- 0136480 01- MAR -1994 10 =40 AM Recording requested by: ) 621 OFFICIAL RECORDS 3R� SAN DIEGO COUNTY RECORDER'S OFFICE BQ When Recorded Mail To: j P 9H5 ITY RECORDER PLI RF: 17.00 FEES, City Clerk j ' AF: 29. DO City of Encinitas I1f 1.00 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTYt IMPROVEMENTS REQUIRED AS CONDITION ON YINAL APPROVAL OP SUBDIVISION OP REAL PROPERTY. Assessor's Parcel No. 264- 240 - 03,16,17,18 Project No.: TM 87 -041 264-241-01 W.O. No.:3513 iR A. Christopher S. Lloyd ( "SUBDIVIDER" hereinafter ) is the grantor of trail easement T17P7 r 79 "141 b7fiA&=y which is commonly known as TM 87 -041 ( "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: 10"15a.TF3 10/25/91 622 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, encumbrances, successors, heirs, personal representatives, transferees and I I assigns of the respective parties. i 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. 10e15e.TF3 10/25/41 ACCEPTED AND AGREED. SUBDIVIDER Dated /! 9� �� NJ Dated Dated Dated Dated 1 STATE OF CALFORNIA pa. COUNTY OF SAN DTT-M ) Oil/11/93 before me, Carol L. Henke personally appeared Chri stor)her Lloyd •e Rffef eef 4f•* R1Rlrff ee•Rk••R! #e11r4Rlalre! *tt* personal~ Noon to me (of proved } b me m the bass of setistectpy Mdence) to be bee Woon(s) whose name(s) lsiam subsaDed to Tw w l.hin G kveunw. and advowtedped m me &W hNW*V y exeaned ITw came in hOftwV it eut)onwd oapatlly(*s). and that by hWherAh er agmIum(s) on Ws ►woumenl Me pe (a) or the wd4 upon behaM of which the pneon(a) *cW. execuhad dre Warhon ni 2� CAROL L. HENKE ESS wanes 1> COMM. ~1007165 v fey � NOTARY PUBLIC • CALIFORNIA SAN DIEGO COUNTY E we My CmnL Expires Oct. 17, 1997 (The Yea for of xW Mann nag (Notarization of SUBDIVIDER signature is attached.) CITY OF ENCINITAS Dated by Patric l M ph (Notarization not required) 10815a.T ?3 10/25/91 CZ3 I !!r I� I. 624 ATTACHMENT A TO COVENANT REGARDING REAL PROPERTYt IMPROVEMENTS REQUIRED AS CONDITION ON 7I1111, APPROVAL OF SUBDIVISION OY REAL PROPERTY. PROJECT No. TM 87 -041 PROPERTY DESCRIPTION A portion of Lot 1 in Section 8, Township 1.3 South, Range 3 West, San Bernardino Meridian, according to the offi.,ial plat thereof, together with a portion of Lot 16 of the Subdivision of Rancho De Las Encinitas, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, State of California, June 27, 1898; Lots 5,6, and 7 Of City of Encinitas Tract 87 -041, in the City of Encinitas, County of San Diego, State of California, according to the Map thereof No. 12816, filed in the Office of the County Recorder of San Diego County on May 21, 1991; Parcel 1 of TPM 92 -035, in the City of Encinitas, County of San Diego, State of California, according to the Parcel Map thereof No. 17122, filed in the Office of the County Recorder of San Diego County on April 29, 1993. 10a15a.Tf3 10125/91 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION of REAL PROPERTY. PROJECT NO. TM 87 -041 SUBDIVIDER'S DUTIES AND OBLIGATIONS Name of SUBDIVIDER: Christopher S. Lloyd Tract or Parcel Map Number : TM 87 -041 Name of Subdivision: TM 87 -041 Resolution of Approval Number: 88 -86 Adopted: 10/27/88 Estimated total Cost of improvements: $30.970 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: Improvement plans for s7 -041 sheets 1 through dated to -n7 -9i and prepared by Conway & Associates , as approved on 12 -10 -94 by the City Engineer together with any subsequent amendments approved in writing by the City Engineer; on file with CITY in the Department of Public works and incorporated herein as though fully set forth at length. 10e15a.Tt3 10/25/91 625 bas 1.2 Further, SUBDIVIDER agrees to perform the following conditions: i RESOLUTION CONDITIONS: I.B. and Covenant Regarding Real Property recorded May 2, 1991, as f, Document No. 91- 0201677. 2.0 PROGRESS OF W9M 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 -i-in -97 _ and shall complete the improvements no later than 12 -1n -97 R. 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 • or the completion and acceptance of any other improvements required per TM 67 -041. 10e15a.TT3 10/25/91 I' 627 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 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. 10e15a.TF3 10/25/91 N 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 ,I such dangers. 3.0 INSPECTION /ACCEPTANCE OF IMPROVEMENTS 3.1 The City Engineer or his duly authorized representative, i upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's j expense, the improvements herein agreed to be constructed and installed by SUBDIVIDER. If determined to be in accordance with applicable CITY standards and the other terms of this Covenant, the City Engineer shall approve the improvements 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. AaARANTEE/RARRM 4.1 ONE YEAR. SUBDIVIDER hereby guarantees and warrants the public improvements constructed pursuant to this Covenant for a 10915a.T13 10/25191 I a I 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 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 tan years following the acceptance by CITY of the public improvements, SUBDIVIDER shall remain obligated to cure all identified defects in the design, construction, arterials of the public improvements. PREEff 1A-4400400 5.1 FOR CONSTRUCTION OF IMPROVEMENTS A. Prior to the sale or transfer of all or any portion of this Subdivision, or prior to the issuance of any development permits for this Subdivision, SUBDIVIDER shall furnish to CITY good and sufficient security in the form of cash deposit, letter of credit, or other security as approved by the city Enginner in the amount of 150% of the then- current estimate of the construction costs of the improvements to assure faithful performance of this Covenant. 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 10015a.T73 10125/91 629 improvements, SUBDIVIDER shall provide additional security in a form satisfactory to CITY in an amount equal to 300% 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 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. 10e15a.TF3 10/25/91 C3O I.. I i 6. CVRINQ OF DEF&W= 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. 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. 10615a.TF3 10/2S/91 631 i 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, i ' 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, I employees, subcontractors, officials, officers or representatives. I 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 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 10a15a.Tl3 10/25/91 632 r property; alleged inverse condemnation of property or a consequence 633 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 i design; by inspecting or approving the improvements; or by accepting the public improvements, CITY shall not have waived the iprotections 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. 9.0 INSURANCE 8.1 The SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by CITY and authorized to do business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000.00) for each occurrence. The insurance policy shall provide that the policy shall remain in force during the life of this COVENANT and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to CITY from the insurance company. 1Oe15a.T13 10/25/91 8.2 CITY shall be named as an additional insured on 634 SUBDIVIDER's policies. 8.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 9.0 E2TIQL@ 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 I ! person to receive any such notice on its behalf is: i 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: CwRtS L- -0-rD 3 (c 1 r-;, f%Vn1nua 'RarC" SZci CA 9Z-oZ4 �tci - -15L -Z(0 0 (— q; a VP 9 d: SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC SS 1101 -1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. 10e15s.Tr3 10/25/91 11.0 nv►7vnnr. PROVISIONS 11.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or 635 contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER's duties and i 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 employes 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.TT3 10/25/91 11 OVI 3'17 -51 RECORDING REQUESTED BY City of Encinitas 505 So. Vulcan Avenue Encinitas, Ca. 92024 Attn: Bill Weedman L6,70 .1 ... �, 19 —FED- 1993— V033259�PM AND MAIL TO: NOT APPROVED FOR OFFICIAL RECORDS k� SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER RF: 5.00 FEES: 11.E AF: 5.00 MF: 1.00 DEVELOPMENT CERTIFICATE OF COMPL Ll L U ISI;I ll (Section 66499.35 of the GovenenDtECo6)1997 IN COMPLIANCE c VICES ENCIPtEcRiN3 S.:� The Director of Community Development of theC&ftJ)1or��`�hcInItas has determined that the parcel of real property described below has been divided or has resulted from a division in compliance with the Subdivision Map Act and with provisions of the City of Encinitas Municipal Code. It has been determined that the subject property meets the standards of conforming lots pursuant to Section 30.16.010 of the City of Encinitas Municipal Code. This Certificate of Compliance is adjusting the lot described herein. The resulting lot of 32.46 acres will be standard for the Zoning Ordinance requirements for H= area (2 Acres) in the RR Use Regulations as of this date. Owner. Christopher Lloyd Description: (SEE EXHIBIT "A ", ATTACKED) Plat Map: (SEE EXHIBIT "B ", ATTACHED) NOTE: The description and plat map in exhibits "A" and "B", attached, have been provided by the owner of the property, and neither the City of Encinitas nor any of its officers or employees assume responsibility for the accuracy of said description and map. This Certificate of Compliance shall in no way affect the requirements of any City, County, State, Federal or local agency that regulates development of real property. Case No: 92 -200 BA Assessor's Parcel Number: Date: February 17, 1993 JK /CC- LLOYD.2 (1- 26 -93) 264- 240 -03 BY: ,, BILL WEEDMAN, CITY PLANNER 1671 EXHIBIT "A" LEGAL DESCRIPTION ALL OF THAT PORTION OF LOT 1 IH SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 NEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, TOGETHER WITH THAT PORTION OF LOT 16 OF THE SUBDIVISION OF RANCHO DE LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO NAP THEREOF NO. 848, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1898, AND THAT PORTION OF LOT 7 OF CITY OF ENCINITAS TRACT 87 -041, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12816, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 21, 1991, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 16; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 16, 696.78 FEET; THENCE NORTH 2° 25' 19" WEST 475.03 FEET TO THE TRUE POINT OF BEGINNING ; THENCE NORTH 20 25' 19" WEST 951.69 FEET TO THE NORTHEAST CORNER OF LOT 1 OF SAID MAP NO. 12816, SAID POINT ALSO BEING A POINT ON THE CENTERLINE OF DOUBLE LL RANCH ROAD AS SHOWN ON SAID MAP N0. 12816 ; THENCE EASTERLY ALONG SAID CENTERLINE SOUTH 78° 45' 23" EAST 445.23' TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE OF WHICH BEARS NORTH 110 14' 37" EAST ; THENCE CONTINUING EASTERLY ALONG SAID CENTERLINE AND SAID 1000.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 326 06' 29" A DISTANCE OF 560.39 FEET TO A POINT, A RADIAL LINE OF WHICH BEARS NORTH 20° 51' 52" WEST ; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 690 08' 08" EAST 666.11 FEET TO THE CENTERLINE OF COUNTY ROAD SURVEY NO. 554, (KNOW AS LONE JACK ROAD) AS SHOWN ON RECORD OF SURVEY N0. 6085, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON AUGUST 14, 1962, BEING A POINT OR THE ARC OF A NON- TANGENT 570.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE OF WHICH BEARS NORTH 70° 44' 37" EAST ; THENCE SOUTHERLY ALONG SAID CENTERLINE AND SAID 570.00 FOOT RADIUS CURVE THRU A CENTRAL ANGLE OF 04° 38' 26" A DISTANCE OF 46.17 FEET TO A POINT ON SAID CENTERLINE, A RADIAL LINE OF WHICH BEARS NORTH 750 23' 03" EAST ; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 140 36' 57" EAST 88.84 FEET TO THE BEGINNING OF A TANGENT 930.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE OF WHICH BEARS N 75° 23. 03" E ; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE AND SAID 930.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF V 41' 58" A DISTANCE OF 76.28 FEET TO A POINT, A RADIAL LINE OF WHICH BEARS NORTH 700 41' OS" EAST ; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE SOUTH 196 18' 55" EAST 558.35' ; THENCE LEAVING SAID CENTERLINE SOUTH 71. 12' 24" WEST 1208.86 FEET THENCE SOUTH 87° 34' 51" WEST 669.02 FEET TO THE TRUE POINT OF BEGINNING. END LEGAL DESCRIPTION DATA lA fli/" ®NM". Jr[ f)T.0 r\ HAS r H' 1r r tosser ` O gnarls-Gee ITf.1r V ® p :� u' sr F ® N w As, ar r T1t.fr fiatrtNT DATA OL'P'rtNLOr Of r IRCfUTMIALL f1Ol A4f Aup I2flf ® rAIIOM OT LOT r aCYRYtO M rLT1AK xwN Pr NAP 129 10 0 as, OITTTT a CE11bITovw M rworAr rtMnsfl PER .. NO, At -o .AOfA PLCONO[O Q f}' M AR NOOO Ll1f)IdT ARE OOr. ND. w-O02AI 01 "Coamn t1 /2O /M Q x f+nNt[ wlYfNr n OIR 00C. ANA77-204 10, p!T W. brown 7/f3/n. 1 5 1.6 N ar .r 2n 18117 Maf"Ar w , }2816 NLN P PARCEL A kra_u .or w• AI" [ M es' Y'trr [ N or r ar M,l M) Won A toy OI[ro�sNr List K r%W' LA N11IA1ODM AAj101AIL } �YTNLfMIN[ rOanrw. am 0332 K /.OrOSLO • 4r rt a 0 r it • 04 AM K AIR a ~C.YMWMY.�tt'wwr0 r0 TOf YV mrRif ,rte L• a l Mllr 1M DILOO CAMM1 rf A7 CAIroom"..hOr S�[wp p. tr is- or Q IM[ AN 4 W Al f❑ a r Ir f 1 SURVEYORS NOTE -- (A) lea }Y TMt KceiC M flnrtr Q O[ro AaID Al A tOIYTraN Of " Or Ar X ■ ❑& i .�J'a nrwlrAS AOl00ArT AONtli1IdT fur •'+fora I01 an a� Nvl�ci (1) - -. -_- p r Ar r A /1- 20 ILL DA11 11 LA)r.N rt[NTOM 9 f['CM IOTA I0W "AI I }It1� - 46 • l)1' !Y I ❑' Orllf st OOAPfrf[ NOTOD. ua2A' .0 A MW O 44 A. r❑ L . law a Seacoast A }[T s/! f or now Ana DoC l[ ASIA I \/J tt�irrt+i � fr o[mI d o[orrwn DwAT[o ro O DATA lA fli/" ®NM". Jr[ f)T.0 r\ HAS r H' 1r r tosser ` O gnarls-Gee ITf.1r V ® p :� u' sr F ® N w As, ar r T1t.fr fiatrtNT DATA OL'P'rtNLOr Of r IRCfUTMIALL f1Ol A4f Aup I2flf ® rAIIOM OT LOT r aCYRYtO M rLT1AK xwN Pr NAP 129 10 0 as, OITTTT a CE11bITovw M rworAr rtMnsfl PER .. NO, At -o .AOfA PLCONO[O Q f}' M AR NOOO Ll1f)IdT ARE OOr. ND. w-O02AI 01 "Coamn t1 /2O /M Q x f+nNt[ wlYfNr n OIR 00C. ANA77-204 10, p!T W. brown 7/f3/n. 1 5 1.6 N ar .r 2n 18117 Maf"Ar w , }2816 NLN P PARCEL A kra_u .or w• AI" [ M es' Y'trr [ N or r ar M,l M) R M oAr sl�M�T - - ---� - -r= vr- a IV 1 • N , pIANR O N ACM +u r.T & MTWWrM L R_ O- S. SHEET �, OF 1 RECORD OF SURVEY Or r ll' «' fr [ IILnl1D of 1rtt2Y Or LOT ) " c Of IWORW TYCT }f la' 1) - «r, KCnrwM TO TIN Y✓ mrROI Ma I11ra o,I N Tx[ OIrIC( Or Or[ TAIPAIT OroOCOCr of SAW ❑ Won A toy OI[ro�sNr List K r%W' LA N11IA1ODM AAj101AIL } �YTNLfMIN[ rOanrw. am 0332 K /.OrOSLO • 4r rt a 0 r it • 04 AM K AIR a ~C.YMWMY.�tt'wwr0 r0 TOf YV mrRif ,rte L• a l Mllr 1M DILOO CAMM1 rf A7 CAIroom"..hOr S�[wp p. tr is- or Q IM[ AN 4 W Al f❑ a r Ir f 1 SURVEYORS NOTE -- (A) lea }Y TMt KceiC M flnrtr Q O[ro AaID Al A tOIYTraN Of " Or Ar X ■ ❑& i .�J'a nrwlrAS AOl00ArT AONtli1IdT fur •'+fora I01 an a� Nvl�ci (1) - -. -_- p r Ar r A /1- 20 ILL DA11 11 LA)r.N rt[NTOM 9 f['CM IOTA I0W "AI I }It1� - 46 • l)1' !Y I ❑' Orllf st OOAPfrf[ NOTOD. ua2A' .0 LEGEND MW O 44 A. r❑ L . law a Seacoast A }[T s/! f or now Ana DoC l[ ASIA I \/J tt�irrt+i � fr o[mI d o[orrwn DwAT[o ro O r h v. rN[ LYn a LMCIMTU Cod RAPOT NAf t »rt ANO IfD OOiIAs r ff wW. Y 0[COw[f AIML L If", A2 _ / M \ DOL nO fl- fIMw1\ . i _� R M oAr sl�M�T - - ---� - -r= vr- a IV 1 • N , pIANR O N ACM +u r.T & MTWWrM L R_ O- S. SHEET �, OF 1 RECORD OF SURVEY Or r ll' «' fr [ IILnl1D of 1rtt2Y Or LOT ) " c Of IWORW TYCT }f la' 1) - «r, KCnrwM TO TIN Y✓ mrROI Ma I11ra o,I N Tx[ OIrIC( Or Or[ TAIPAIT OroOCOCr of SAW ❑ Won A toy OI[ro�sNr `� L •I% Y•.r r%W' LA N11IA1ODM AAj101AIL } �YTNLfMIN[ rOanrw. am PP ICCOAODM TO 1uT mowfw A /V.IbI Of LOr 11 Or IK 10[OrNLO(11 Or YNCMO OL a 0 r it • 04 AM K AIR a ~C.YMWMY.�tt'wwr0 r0 TOf YV mrRif ,rte L• a l Mllr 1M DILOO CAMM1 rf A7 CAIroom"..hOr S�[wp p. tr is- or Q IM[ AN 4 W Al f❑ a r Ir f 1 SURVEYORS NOTE -- (A) lea }Y TMt KceiC M flnrtr Q O[ro AaID Al A tOIYTraN Of " Or Ar X ■ ❑& i .�J'a nrwlrAS AOl00ArT AONtli1IdT fur •'+fora I01 an a� Nvl�ci (1) - -. -_- p r Ar r A /1- 20 ILL DA11 11 LA)r.N rt[NTOM 9 f['CM IOTA I0W "AI I }It1� - 46 • l)1' !Y I ❑' Orllf st OOAPfrf[ NOTOD. ua2A' .0 LEGEND MW O 44 A. r❑ L . law a Seacoast A }[T s/! f or now Ana DoC l[ ASIA p. + fr Ir A41* �� O xoa Tm 1as000nT - Ta TYIr or [Asr%,cW ArDlr.rtar &❑ N !l «• Ir • II / f� . r)A.p MO BASIS OF BEAAWOS L . ,nl TMs P 6 A IOrItlM p 1 Ir r ar n[ JACK aMO ARwwM TO MAP I}rr • IS N or Ir w v e■ . lraw SURVEYOR'S STATEMENT L . Aatr r Dr TMs r C,S,RMV 1T[lf[7bIR A Skiff T MARC K K an O ONCE& MY aM[C &" M MMIOrrW1Ki 1nTM TK &[OU+[LOITf M tI }r or r CEt.YSI PEA S. Llama M �1V IRMaO WGIACIT CE r KDA' to Ci x y L p f 'o. w i " JOLT 2S, MT) P21 6 Ma s! A. O M1 DATE OOC. NO. 1) -I«JII PARCEL B 1,01 C'Of Lo7 1 u f2:c it l nw fzj j Q �j �N 8 SEC 8 COUNTY ENC dNEER'S STATEMENT uu K .NaPa1TA �G�� �`Q $b t 1 Isar �� i T 1 1,S, i'& a awo fu.n'°r1Of A�&a.ncr lmA fceTw f 1`a✓ a Tr If• 1 !\ V ♦fir' = dCw11111 G3 SBBIrI [La IANT N !r 3f fl• [ AO.OY a Q uurrNr rar rtaaowDN r& PUII/p2[2 PLr WP IaIA 1 i�' Q se• Orm w CEDrrJ11TDN PP Saw .c Al II Sff `•ff Me OOC. NO. 410J2Pw \ &CCYf OLD I /2I /I2. f Q IM[ AN < OITN Pslflll TO fAla Grow $ILA AC[ r 9 N or w' or [ L'AT.Y' a[D. C 1LTOn M . 422 fo[. No. u-osuu 1fLOAf[O 1 fl /U LVT[RI ro aaNC «Cf 10AO Too ROAD DATA TAIL( - Kr IOIIADAII O m 11 0 . OMW L . K«• Q f L' Sr H111! J. Gina. I, w w w' Ar r wltl' MaIOr On NMI2r01 /T I rrea.or L . 1fa". A - Jr w• rr , K IA N )r u' rr r AAS DATA TRANS - 011 AOON v 1❑& N r w or or rrafl• am N As, Ar I 0 N or or AS, [ LISs• ficsr Q D ar w' }r I TTafr VXW41T1Y MAP 9 N or w' or [ L'AT.Y' OR Poo, RECORDER'S CERTIFICATE IN[ xD. 21[00 THIS _ DAY M Iws AT IN 1001( OI OTYOAa aI AOfTAf AT PAW Ar THE 11OLf1r w .N IAIO}}A AMORI [VANS af11Tn ■[COAaiTr lIIIO O[IYn COAKFY 0[C04DfD Ref awn I 1.w rI x� l QE[ "eJN4 /Y A-0, When Recorded Mail Toi Community Development and City Clark City of Encinitas 527 Encinitas Boulevard Raoinitas, CA 92024 DOC V 1991-0201877 1708 u2- mat -1YYi us241 Al ;M enai W'. uw!ULt." =ii.i saui:t tuA�i, ;wq:T ati2(dmi " � � ,i,w Iaa., It:•.� C:.41 car) 199T SPACE AEOV1! POA AfiCARDIR'S 08E COVENANT REGMImO tZKL PROPERTY Assessor's Parcel No. 264 - 240 -02,03 Project Yo.t 87- 041-TH A. Christopher S. Lloyd a married man and Chris. B. Lloyd as executor of the estate of Margarita Z. Lloyd, decaased, probate No. 17976 (•OWNER" hereinafter) is the owner of real proparty which is commonly known as 2568 Lone Jack Road, Encinitas, California ( "PROPERTY" hereinafter) and which is described -,s follows: as* Attachment A which is attached hereto and made a part hereof. a. In consideration of approval of Tentative Subdivision Map 87- 041-7% and Certification of a Negative Declaration for said map by the City of Encinitas (•CITY" hereinafter) , OWNER hereby covenants and agrees for the benefit of CITY, to do the followings Bee 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, enouabrancers, successor*, hairs, personal representatives, transfareas and assigns of the respective parties. D. OWNER agrees that OWNER'■ duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and LN /02 /C0V2- 270wp5 (4/16/91) loa 22 oac n A• .1 M 0 ■ e Y i T yT � M O. O 54 0 Y Y O • $g 3 V Y O M y N � • a C F O Y Y � T • �s .J M • C ■ I Y • 2 : y 8 � w E Y C o y � S o i O • i > y u . a 0 C8 O M ■ F $ C O ti ° y F O ■ U ° • ,ri y • 1 f 4 C $ w M tl A O • Y M 0 0 • O ti � G M •V y .y LZ M • ° o r� • • M M • Y T c • A• .1 M 0 ■ e Y i T yT � M O. O 54 0 Y Y O • $g 3 V Y O M y N � • a C F O Y Y .J • C ■ I Y • 2 : y 8 M Y o S i O • i > y u • v a 0 C8 O M ■ F $ C O ti ° y F O ■ U ° • ,ri y • 1 f a0+ Y w M M A O • Y M 0 0 A• .1 M 0 ■ e Y i T yT � M O. O 54 0 Y Y O • $g 3 V Y O M y N � • a C F O Y Y u auu U t 0 I 0 • 0 a m 2 H (J O u ■ w • O F O w Y r Y w M s O M r• C Y u k a M � O h T � G O N � M O w CI ✓ O a .J • C ■ ° Y y a � y 8 a� Y y� S i O • i > y u • v • Y F 0 C8 O M ■ F $ C ■ Mq ti ° y F O ■ U ° • ,ri y • ° a0+ O 0 a G M u auu U t 0 I 0 • 0 a m 2 H (J O u ■ w • O F O w Y r Y w M s O M r• C Y u k a M � O h T � G O N � M O w CI ✓ O a 1770 STATE OF CALIFORNIA ) ) as COUNTY OF SAN DIEGO ) On April 19, 1991, before me, the undersigned, a Notary public in and for said State, personally appeared Christopher S. Lloyd, proved to as on the basis of satisfactory evidence to be the person Whose name is subscribed to the vithln instrument and acknowledged that he executed the same in his capacities, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 1�S Lull J / Kotery Pu61 c n !or said County and State PWACK -LL02 1771 lei MM N�o IM "OPUTT DROMT WO. •7- 061 -TS DRODSAR'7 DSSCIIDTI011 ALL THAT PORTION'OF LOT 14 OF THE 7VDDIVIBION OF RANCHO DE LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY CF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1595, DESCAISED AS FOLLOWS: EN THE ALONGTHE BHLINE OF SAID IO 1 696.78 PEET ((RECORD 696.66 FEET)( THENCE NORTH 2.25'19' MEET (RECORD NORTH 025109" WESTU 1208.51 FEET TO THE SOUTH LINE OF THAT 30.00 FOOT PIPELINE EASEMENT GRANTED TO DLIVENHHAIW MUNICIPAL WATER 078TRIC7, RECORDED JULY 25, 1977 AS FILE NO. 77- 296391 OF OFFICIAL RECORDS OF RAID BAN DIEGO COUNTYI THENCE ALONG THE SOUTH LINE OF SAID PIPELINE EASEMENT, SOUTH 80•48'45" EAST 281.55 PERM NORTH 67'13'42- EAST 931.86 FEETI SOUTH 84.54'38` EAST 178.00 FEETI AND NORTH 69'08'0$- EAST 291.49 FEET TO THE CENTER LINE OF CODUNTy ROAD SURVEY NO. 554 (LONE JACK ROAD) AS SHOWN ON RECORD OF SURVEY MAP NO. 6005 FILED IN THE DFFICE OF SAID COUNTY RECORDER AUGUST 14, 1%2, BEIND'A POINT ON THE ARC OF A NON - TANGENT 570.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY A RADIAL LINE OF WHICH HEARS NORTH 67.43'34' EASTI THENCE LEAVING THE BOUNDARY OF SAID PIPELINE EASEMENT, AND CONTINUING NORTH ALONG THE CENTER LINE OF SAID ROAD SURVEY T)ROUSH A CENTRAL ANGLE OF 3027'55' A DISTANCE OF 34.47 FEETI TANGENT TO SAID CURVE NORTH 25. 44'15" WEST 173 36 FEET TO THE BEGINNING OF A TANGENT 350.00 RADIUS CURVE CONCAVE EASTERLYI NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23'18'41' A DISTANCE OF 142.40 FEET$ TANGENT TO SAID CURVE NORTH 2'25' x- WEST 16.6.39 FEET TO THE SEGINNINO OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE EASTERLYI NORTHEPby ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0'40'44' A DISTANCE OF 49.99 FEETI TANGENT TO SAID CURVE NORTH 6.15'C9- EAST 279.22 FEET TO THE BEGINNING OF A TANGENT 390.00 FOOT RADIUS CURVE CONCAVE WESTERLY{ NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'15'19' A DISTANCE OF 90.23 FEETI TANDEM NORTH 7.00'12' NEST 44.49 FEET, THE DEOINNI NO OF A NON - TANGENT 140.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE OF WHICH BEARS SOUTH 02.59.31' IEGTI NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25.04.47- A DISTANCE OF 69.61 FEETI AND NON TANGENT TD SAID CURVE NORTH 21.04.36' EAST 39.20 FEET TO THE NORTH LINE OF SAID LOT 161 THENCE SOUTH 56' 59'44' WEST ALONG THE NORTH LINE Or LOT 16, 2298.25 FEET TO THE NORrWEST CORNER THEREOFI THENCE SOUTH 3.07'IB- EAST ALONG THE WEST LINE OF LOT 16, 2628.54 FEET TO THE ROUTHNEST CORNER THEREOF AND THE POINT OF BEGINNING. 1772 ATTACHMENT A Icon'd) TOGSTHEC 'WSTH.. ALL OF THAT PORTION OF LOT 1 IN SECTION S, TOWNSHIP 13 SOUTH, == 3 WEST, SAB BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOP,70GETHER MITE THAT PORTION OF LOT 16 OF THE SUBDIVISION OF RANCHO DE LAS ENCINITAS, IN THE CITY OF ENCINITAS, COMM OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO HAP THEREOF NO. 846, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1898, DESCRIBED AS FOLLOWS, BEGINNING AT THE SOUTHWEST CORNER OP SAID LOT 16; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 16, 696.78 FEET; THENCE NORTH 2 25' 09' BEST 475.03 FEET ; THENCE NORTH 87 34' 51' EAST 669.02 FEET TO THE TRUE POINT OF BEGINNING 3 THENCE SOUTH 87 34' 51' WEST 669.02 FEET ; TRENCH NORT0 2�5' 1—� NEST TO THE SOUTH LINE OF THAT 30.00 FOOT PIPELINE EASEMENT GRANTED TO OLIVENHAIB NWICIPAL WATER DISTRICT, RECORDED JULY 25, 1977 AS FILE NO. 77- 296591 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID PIPELINE EASEMENT, TO THE CENTERLINE OF COUNTY ROAD SURVEY BO. 554, (INOW AS LONE JACK ROAD) AS SHOWN ON RECORD OF SURVEY NO' 6085, FILED IN TEE OFFICE OP SAID COUNTY RECORDER ON AUGUST 14, 1962; THENCE SOUTHERLY ALONG SAID CENTERLINE, TO IT'S INTERSECTION WITH A LINE THAT BEARS NORTH 71 12' 24 - EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 71 12' 24' WEST TO THE TRUE POINT OF BEGINNING. le 1773 UTACEMM a to oova6RMr IMARDfad R AL tRMUTT aROJ1C7 00. 07- 041-TM OWNTR'a DVT1ZQ M OBLIOLTIOMm The owner of said property shall submit trail imprcveaant plans for the required trail allgnmante running north /south on Sits vest of Lone Jack Reed in the vicinity of the trail shown on sheet ] of a for TM 87 -0411 along the west property boundary; and off -site on the *contiguous ownerships property to the south east of the site. Said plans shall bs reviewed and approved to the satisfaction of the Directors of Community services and Community Development and in conformance with the standards in effect at the time of submittal prior to issuance of any grading permit on the property. The grant of easement for the trail on the "contiquous ownership" property shall be recorded prior to issuance of a grading permit. At the time of review of the submitted improvement plow it shall be determined whether additional environmental or discretionary review shall be required. If it is determined by the Directors of Community Services and Community Development that the trail alignment as ehovn on sheet I of 8 for TM 87 -041 needs to be modified in order to be able to accomplish the improvements in conformance with City standards, that shall be allowed/ or if it is determined that the trail alignment cannot be accomplished through the area as shown or modified on sheet J of 8 for TM 87- 041, the owner shall submit plans for review for improvement of a trail within the Lone Sack Road right -of -way as required on City Council Resolution 88 -66, condition 1,8. At the time of submittal of the trail improvement plans to the City of Encinitas an estimate of the cost of improvements on said plan shall be submitted for review and approval by the Director of Community Services. A covenant shall be recorded prior to issuance of any grading permit allowing the owner to defer submittal of good and sufficient security as required by the City of Encinitas in the amount of 150% of the estimated total coats of construction for the abovementioned trail improvements. it7 /02 /COV2- 270wpS (4116191) boa 22 DW as a! DOC 4: 1991 -0201N UZ -MAY- 1>'91 Ubs ea Nil lift.(: L *L..04'! U6LX -4X R[�cau.OMa ,etow:jrev ar Mn/ � ..: e.a. ,u„ w When Recorded Nail Tor ) " -VU City Clerk ) City of Encinitas ) 527 Encinitu Boulevard ) Incinitas, CA 92024 ) SPACE ABOVE TOR AECORDER'8 vss r COVED" naku IYO n" VWpm'ff •_ Aseessor'■ Parcel No. 261 -240 -02,03 Project No.: 97- 041 -TN A. Christopher S. Lloyd a married man and Christopher S. Lloyd as executor of the estate of Margarita Z. Lloyd, deceased, Probate No. 15976 ( "OWNER" hereinafter) is the owner of real property which is commonly known as 2568 Lone Sack Road, Encinitas, California ( "PROPERTY" hereinafter) and which is described a■ follwa s San Attachment A which is attached hereto and made a part hereof. a. In consideration of approval of Tentative Subdivision Map 87- 041 -TM and Certification of a Negative Declaration for said sap 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 ran with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, hairs, personal repreesntatives, transferees and assigns of the raspective parties. Lf /02/C0V2- 262wp5 1(3/27/91 -1) :o• 22 Dsc 29 I s N a 1 M P r n h n A n 1 D 8 O • N N • r • b ti • a ay• ~ � C O i M e -a x • s j � I • ti N y b • [ ^j • 7 • H p • T V ■ � .Oi ti a M a N S 7 a '� • N G � a b w Q • F 13 • S ■ Y O Y • • e A ° 8 N ° rJ g° O Yi O N b� G r~i V Y Y qcq O Y p N • Y • M • M g O �� • a e C e u P F U C u >` O G Y w �Cp N I- • • Y M .y OM 10 Y O i� G Q� • U C G li 'a s N a 1 M P r n h n A n 1 D 8 O • v \ 0 C N u tP R7 N Y W u O N P N N O R s n Z i V � r O Ilk 7 O K h s Y 6 n r n C� a z W y a Y ' i i i n tl n W A O K Z O a ya � y Y n y a Y ' i I 1765 STATE OF CALIFORNIA ) ) 88 COUMTY OF SAN OIECO ) On March 37, 1991, before ea, the undaroigned, a Notary Public in and for said State, pereonellyy appeared Christopher S. Lloyd, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that be executed the same in his capacities, and that by his signature on the instrument the parson, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ('Y'n�.ffi ✓. /f ..11t� -.� Notary Publ c n for said county and State PL/ACR -LMY LEZ"k m V. IZ UFL�N e w �� pfpO OCTOBER E, 199{ -Y I 1765 STATE OF CALIFORNIA ) ) 88 COUMTY OF SAN OIECO ) On March 37, 1991, before ea, the undaroigned, a Notary Public in and for said State, pereonellyy appeared Christopher S. Lloyd, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that be executed the same in his capacities, and that by his signature on the instrument the parson, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ('Y'n�.ffi ✓. /f ..11t� -.� Notary Publ c n for said county and State PL/ACR -LMY LEZ"k m V. IZ UFL�N e w �� pfpO OCTOBER E, 199{ 1788 AT-mcm g" A TO COVENANT RROARDIRG REAL FROPMYT FROJRCT NO. 67 -041 PROPRRTY DRSCRIPTION ALL THAT PORTION OF LOT 16 OF THE SUBDIVISION OF RANCHO DE W ENCINITAS, IN THE CITY OF ENCIMITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 846, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1998, DESCRIBED AS FOLSOWS1 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 16; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID 16, 696.78 FEET (RECORD 606.66 FEET): THENCE NORTH 2'25'19• WEST, (RECORD NORTH 2.25'09• HEST) 1208.51 FEET TO THE SOUTH LINE OF THAT 70.00 FOOT PIPELINE EASEMENT GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED JULY 25, 1977 AS FILED NO. 77- 296591 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PIPELINE EASLMM' SOUTH 88'68'45" EAST 281.55 FEET; NORTH 67.11142" EAST 931.86 FELT; BOOTH 84.54118" LAST 178.00 FEET; AND NORTH 69- 08'08" PAM 291.49 FEET TO THE CENTER LINE OF COUNTY ROAD SURVEY N0. 554 (LONE JACH ROAD) AS SHOWN ON RECORD OF SURVEY NAP NO. 6085, FILED IN THE OFFICE Cr SAID COUNTY "CORDER MUST 14, 1962, BEING A POINT ON THE ARC OF A NON - TANGENT 570.00 FOOT RADIUS CURVE CONCAVE SOUTMESTERLY A RADIAL LINE OF WHICH BEARS NORTH 67- 41'19" EAST THENCE LEAVING TEE BOUNDARY OF SAID PIPELINE EASEMENT, AND CONTINUING NORTH ALONG ME CENTER LINE OF SAID ROAD SURVEY THROUGH A CENTRAL ANGLE OF 3- 27'55" A DISTANCE OF 24.47 FEET: TANGENT TO SAID CURVE NORTH 25-44'15 - WEST 175.36 FEET TO THE BEGINNING OF A TANGENT 35D.00 RADIUS CURVE CONCAVE EASTERLY; NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANCLE OF 73.18'41" A DISTANCE OF 142.40 FEET: TANGENT TD SAID CURVE NORTH 2- 25'35" WEST 166.39 FEET TO THE BEGINNING OF A TANGENT 730.00 FOOT RADIUS CURVE CONCAVE EASTERLY; NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8.40'44' A DISTANCE OF 49.99 FEET; TANGENT TO SAID CURVE NORTH 6'15'09' EAST 279.22 FEET T'0 THE BEGINNING OF A TANGENT 39D.00 FOOT RADIUS CURVE CONCAVE WZSTLRLY; NORTHERLY ALONG THE ARC OF SAID CURVE T1KR000; A CENTRAL ANGLE OF 17015'19" A DISTANCE OF 90.23 FEET; TANGENT NORTH 7. 00-12" WEST 44.99 FEET, THE BEGINNING OF A NDN- 7ANGEN7 140.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE OF WNICH 8 M SOUTH 82059151: WEST; NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28- 04'47" A DISTANCE OF 68.61 FEET; AND NON TANGENT TO SAID CURVE NORTH 21.04'360 EAST 39.20 FEEL TO THE NORTH LINE OF SAID NOT 16; THENCE SOUTH 86. 39144" NEST ALONG THE MGM LINE OF LIOT 16, 2296.28 FEET TO THE NORTUWFST CORNER THEREOF: THENCE SOUTH 1.071180 EAST ALONG THE NEST LINE OF LOT 16, 2638.54 FEET TO THE SOLR'HNEST CORNER THEREOF AND THE POINT OF BEGINNING. TF /03/AG3- 163vP5 (3- 20 -91) 10d 22 V= 89 a 22a et vot IT- t6hr /t)s sdAm- moo /Lohn •sgoT stm ;o sinoquoo s4g o4uT 4TTTW 0q 04 ssangnnzg■ da09a9x■ p949130880 pus 6uTTTssD ATT=*; stbuTs pavpuv4v s .on2gsuco of 6aysssosu 6uTpaa6 sptn0ad ,TTuo TTvgs pus 'OgoT so4sno we psdoTsnsp W TTvgv 82oT sqx •gTaasd 6uTPTTnq ■ ;o sousnssT of 2oTad 'queaAad So *WM eta as 3001;• UT 9ga2 pOgsTTgs3n stn is '(')**a uoT3s6T3Tn OT; ;vat sqg pus (s)00d TaSquoa pooTd stiff ;o szs4s 14v2 old v dad TtnU zot govs ;a asuno stilt pus I4oT 3079 20; 4Tv2sd 6uTPTTnq s So souenssT 043 Di zoT2d 'gusatad So *uTg 034 41 }09110 UT 8202 p04vTTgsgss Stn 39 'nod UOT490a008 puv XJvd 033 So 0asq■ v3s2 old s And Tts4s 4oT teas So asano sqy .1 IMIStpITio (M oslzw CMIND IWt10 -Gs 'OR LOMPOU 1AIM940 i TM DRIO ORV Z9XIVK6D0 L9LT r - - cassia v 17b7 DOCnto 991-0201075Hn ) :Fr: v.ks:.ivn�e 6i:vl4ak': �•��_: wlc �': c�fd. �wn:f iRWtYc• kriaa•Lq -u4 kf' "1.4 J/FV BY /Mu, u' :.w rtca' .:. v When Radorded Nall Tof city Clark ) City of Encinitas ) 527 Encinitas Boulevard ) Encinitas, CA 52024 ) SPACE ABOVE POR RECORDER'S UOr oovENxNT axa marMO am fmoPnTr � -- Assessor's Parcel No. 264 - 240 -02,01 Project No.I TM 67 -041 Memo No.: 8354J A. Christopher S. Lloyd, a married man and Christopher B. Lloyd as Executor of the estate of Margarita E. Lloyd, deceased, Probate No. 15976 (- ONNERe hereinafter) is the ownar of real property which is commonly known as TN 87 -041 ("PROPERTY' hereinafter) and which is described as follewsr Sea Attachment A which is attached hereto and made a part hereof. B. In consideration of approval of Tentativa Map $7 -041 by the city of Encinitas ( "CITY" hereinafter), ONNER hereby 0overmnta and egress for the benefit of CITY, to do the fcllowing'f Sea Attachment B which is attached hereto and made a part hereof. C. This Covenant &hall run with the land and be binding upon and inure to the benefit of the future owners, ancumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. owwmR agrees that ONNER'■ duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and Tr /00 1AG1- 197wpS (2- 20 -91) 10a 22 amt Of C' W a go � �.. � I � � � | � ■ § ƒ k - ! - 2 � f � / . 0 � a • ! I ! IN t 2 t ! f | ! a { ] } � § \ ! k \ d { f � | § ' f ! \ ) ° k g § | § k 2 �® ! k a 2 f o 0| ■ a a ■ § ƒ k \ //\ � �� � �� ( Jd� � /}\ .� E� . �i> � �/\ r 4 1760 aTr4cwcm a PG OoVERANT RaGAMXw6 REAL tROPEGtTT P10JE13T No. 67 -041 PROPERTY DESORIPTION ALL THAT PORTION Of LOT 16 OF THE SUBDIVI8ION OF RANCHO DE LAS ENCINITAS, IN THE CITY OF ENCINITAS, CouNTT OF SAN DIE00, STATE OF CALIFORNIA, ACCORDING TO NAP THEREOF NO. 646, FILED IN THE OFFICE OF TER COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA' JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 16; THENCE EASTERLY ALONG THE 80UTE LINE OF SAID 16, 696.78 FEET (RECORD 696.66 FEET); THENCE NORTH 2'25'191 WEST, (RECORD NORTH 2 "2S'09• WEST) 1208.51 FEET TO THE SOUTH LINE OF THAT 30.00 FOOT PIPELINE EASEMENT GRANTED TO OLIVPNFUIN MUNICIPAL WATER DISTRICT, RECORDED SLILY 25, 1977 AS FILED N0. 77- 296591 OP OFFICIAL RECORDS OF SAID LAN DIEGO COUNTY; THENCE ALONG THE SOUTH LINE OF RAID PIPELINE EASEKE", 800TH 88'48'45" EAST 281.55 FEET; WORTH 67113142" EAST 931.86 FEET; SOUTH 84054'38" EAST 176.00 FEET; AND WORTH 69008'08" FAST 291.49 FEET TO THE CENTER LINE OF COUNTY ROAD SURVEY 340. 554 (LONE JACK ROAD) OFFICE OF AS SHOWN ON RECORD SURJLP NO- SAID COUNTY RECORDEREAUGUSSTTY 14 , 1962, 6BEINGFALPOINT ONE TER ARC OF A NON- TANGENT 570.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY A RADIAL LINE OF WHICH BEARS NORTH 67.43'39• EAST TREHCE LEAVING THE BOUNDARY OF SAID PIPELINE EAS MONT, AND CONTINUING NORTH ALONG THE CENTER LINE OF SAID ROAD SURVEY THROUGH A CENTRAL ANGLE OF 3.27'55" A DISTANCE OF 34.47 FEET: TANGENT TO SAID CURVE NORTH 25.44115" NEST 173.36 FEET TO THE BEGINNING OF A TANGENT 350.00 RADIOS CURVE CONCAVE EASTERLY; NORTHERLY ALONG TOE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23.18'41• A DISTANCE OF 142.40 FEET: TANGENT TO SAID CURVE NORTH 2.25'35• WEST 166.39 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE EASTERLY; NORTHERLY ALONG THE ARC OF SAID CUM THROUGH A CENTRAL ANGLE OF 6040'44" A DISTANCE OF 49.99 FEET; TANGENT TO SAID CURVE NORTH 6'15'09" EAST 279.22 FEET TO THE BEGINNING OF A TANGENT 390.00 FOOT RADIUS CURVE CONCAVE WESTERLY; NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13.151190 A DISTANCE OF 90.23 EE=; TANGENT NORTH 7.00412' WEST 44.99 FEET, THE BEGINNING OF A NON - TANGENT 140.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE OF WHIG! BEARS SOUTH 62.39151: WEST; NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26'04147• A DISTANCE OF 68.61 FEET; AND NON TANGENT TO SAID CURVE NORTH 21'04'36" EAST 39.20 FEET TO THE NORTH LINE OF SAID RAT 16; THENCE SOUTN 26 "59'44" WEST ALONG THE NORTH LINE OF LOT 16, 2295.28 FELL TO THE NORTHWEST CORNER THEREOF: THENCE SOUTH 3.07'16- EAST ALONG THE NEST LINE OF LOT 16, 2626.54 FEET TO THE SOUTHWEST CORNER THEREOF AND THE POT" OF BEGINNING. TP /03 /AG3- 163WPS (3- 20 -91) 1" 22 DSc S9 N ose ii qT (16 -ot -c) sdaC9T- C0Y /C0/ts •suTT d;zsdoad Vo„ 0; ss;sds 1Mw On ;a uoT;sTTSlsuT sV3 Dus too; s;sjadoadds pu* tissssosu TTw ;a ;uOvAOd 'a; pa;TaTT sq ;ou -4nq 'OPMOUT TTY OoT ;sxsws PTON •ssss On 0; aswss 0TT4nd bUTdTddns ;aTaysTp s;sTsdoadds to WTa;sTO aoT;nTUSS 3:Tp1sa On oz psxsUUs p of 400�014 ;USwsd On UTV;Ts pwT 6" So TTs wnwo T eqs saossaacra 20 subTsw 'saTsq ao /pus ;usoTTdds sq; ;sqZ ;o p.1d ;usssad G" UTtpTA pwTIn000 was sin uTq;TA sTSoasd to ■;oT stow to i ;0 Trio; ■ So UOT;wao wn UT ;Tnssa Row gOTVw A;asdoad sg; 20; suOTsT &Tpgvts ;usnEssgns so Tseoadds uodn ;sq; aseat ssuno at" IWZ&U%q= mR faaa{00 I UMM Tro -ct rs 1011 tCcroaa LAMM 'talc eQOSYM &Kvz9A 0 0a S Lxfxm3vi6R I8L[ � J ;.t Recording Requested byt ) Christopher S. Lloyd ) When Recorded Mall Tot ) 1 City Clark ) City of Rnolnitas ) 527 Encinitas Boulevard ) Encinitas, Ch 92054 ) DOC 4: 1991-0201874 nal 02— HAY —lVVl 00&23 AM W NIM tulip FLi. LO'S ail:u WV&ilL Cs"id. LLL"111 kt"Mik Fri li6W ai lAW /PACE ABOVE f01 RECOSOER's USX COVTODBT 110AROIS9 RZAL P%MxRTTt ffi1OYID[SSTi RBQUMn Y CWMITIOS Oil FXIM 1MOTXL Of BUa MSIOS CY EBAL Pa0►m'rT. Assessors Parcel No. 264- 240 -02,01 Project No.: 23 27-041 K.O. NO.: 9354T A. Christopher A. Lloyd , a married man and Christopher a. Lloyd as Executor of the Estate of Margarita S. Lloyd, deceased, Probate No. 15976 (SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as Lloyd Subdivision ("PROPERTY" hereinafter) and which is described as follwmi Su 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 SUBDMDER. SUBDIVIDER has applied for final approval of the subdivision but has not constructed the required improvements. In consideration of the final approval of the ■abdlvision of the PROPERTY by the city of Encinitas (•CITY" Tl /03/A01- 119wp5 1(1- 20 -90 -1) 10016& 9/12190 I• 1742 hereinafter), BMXVIDIR hereby covenants and agrees for the benefit of CITY, to do the followings Na Attachment 0 which is attached hereto and wade a pert hereof. C. This covenant shall run with the land and be binding upon and inure to the benefit of the future owners, sncumbranoss, suoaasors, heirs, personal representatives, transferees and assigns of the respective parties. D. sOBDIVIDER agrees that susOMDER's duties and obligations under this Covenant are a lien upon the PROPERTY. Opon notice and opportunity to respond, CITY may add to the property tar bill of the PROPERTY any past due financial obligation owing to CITY by way of thin Covenant. E. If either Darty is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full rsimburassant of all costs, including reasonable attorneys' fees, from the other party. F. Failure of suBDIVIDBR to amply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. C. Upon SMDIVIDER'■ satisfactory completion of SUBDIVIDER'• duties and obligations contained herein, SUBDIVIDER may request and CITY shall execute a Satisfaction of COvQnant. TT /0J /AG]- 119wp5 2(3-20-90-1) 10e16a 9/12/90 e. 61 c 1 1749 H. By action of the City Council, CITY say assign to a person or parsons impacted by the performance of this Covenant, the right to enforce this Covenant against SUBDIVIDER. ACCEPTED AND AGREED. SUBDIVIDER f / Dated AA,?, t e. _. a ash a4 ." d Dated e7k1& cfw M5/. ? 4 � (Notarisation of SUBDIVIDER signature is attached.) CITY OF ENCINITAS Dated by / ,, 7 Petr c c f (Notarisation not required) raT. tta w.ttaaat To lm a oast nad,,;dwl ® TICOR TITLE INSURANCE STATE Of CAUF'ORNIA ) � COUNTY OF Cmnr t 1lt40 1} ae. On or4awr-SSl LO e I M kefo,e me. th, ude qr d. a Notary Inbli ,n end br W State. ptro &Uy appevrd L r: ti-o lJt Pi S. WatCl 7 prreuuey kao.e to au or Fev„ed to me to the bun of mtofaetary endt.c, to be th P.,n_ td.r tum, t t wbmi d to the .ebin mvu., ud eck..Iedpd the Mod t be tamr. t NESS my had ed offmW W.I. 1 flpalYR J' ��- 1tC..ti/ /T l✓ �r J� TrIM /A07- 17Yeps �lwr.vT ttartctw adw NANCY NROUCI( rrru< u.treetra,.t TTI. area 1w .me;d a.omY ow 9/1]/90 STATE OF CALIFORNIA COUNTY or SAN DIEGO 1 1 2744 On this 6th day of March, 1991, before me, the undersigned, a Notary public in and for said State, personally appeared CHRISTOPHER S. LLOYD, personally known to ON or proved to me on the basis of satisfactory evidence to be the Executor of the Estate of MARGARITA L. LLOYD, deceased, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within Instrument on behalf of said estate, and acknowledged to me that, pursuant to an order of the Superior Court of the State of California, in and for the County of San Diego, in Case No. 15976, CHRISTOPHER S. LLOYD signed and executed the within Instrument on behalf of said estate. WITNESS my hand and official seal. NO Notary pub t �KROUCX oN.r 1145 ATTAClnuw A TO 007MDIPT REOARDINO REAL PAOPERTYS SNPRDVENENTS REQUIRED AB CONDITION ON FI11AL APPROVAL Or EUBDIVIBION OP REAL PROPERTY. PROJECT NO. TN 87 -041 PROPERTY DESCRIPTION ALL THAT PORTION OF LOT 16 OF THE SUBDIVISION OF RANCHO DE LAB ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO NAP THEPEOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1896, DESCRIBED AS FOLLOWS: EEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 161 THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 16, 696.78 FEET (RECORD 696.66 FEET) I THENCE NORTH 2.25'19" WEST (RECORD NORTH 2.25'09' NEST) 1208.51 FEET TO THE SOVIH LINE OF THAT 30.00 FOOT PIPELINE EASEMENT GRANTED TO OLIVENRAIN MUNICIPAL WATER DISTRICT, RECORDED JULY 25, 1977 AS FILE NO. 77- 296591 OF OFFICIAL RECORDS OF SAID BAN DIEGO COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PIPELINE EASEMENT, SOUTH 86048'45' EAST 281.55 FEET; NORTH 67013'42" EAST 931.86 FEET; SOUTH 84054'38" EAST 178.00 FEET; AND NORTH 69.08108" EAST 291.49 FEET TO THE CENTER LINE OF COUNTY ROAD SURVEY NO. 554 (LONE JACK ROAD) AS SHOWN ON RECORD OF SURVEY MAP NO. 6085, FILED IN THE OFFICE OF SAID COUNTY RECORDER AUGUST 14, 1962, BEING A POINT ON THE ARC OF A NON- TANGENT 570.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY A RADIAL LINE OF WHICH BEARS NORTH 67.43119" EAST1 THENCE LEAVING THE BOUNDARY OF SAID PIPELINE EASEMENT, AND CONTINUING NORTH ALONG THE CENTER LINE OF SAID ROAD SURVEY THROUGH A CENTRAL ANGLE OF 3.27'55" A DISTANCE OF 34.47 FEET; THENCE TANGENT TO SAID CURVE NORTH 25.44'15" WEST 175.36 FEET TO THE BEGINNING OF A TANGENT 350.00 RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23.18'41" A DISTANCE OF 142.40 FEET; THENCE TANGENT TO SAID CURVE NORTH 2925'35" WEST 166.39 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8.40'44" A DISTANCE OF 49.99 FEET; THENCE TANGENT TYS SAID CURVE NORTH 6.15'09" EAST 279.22 FEET TO THE BEGINNING OF A TANGENT 390.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13.15'19" A DISTANCE OF 90.23 FEET; THENCE TANGENT NORTH 7'00'12" WEST 44.99 PEST, TO THE BEGINNING OF A NON- TANGENT 140.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE OF WHICH BEARS SOUTH 82.59151" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28'0047" A DISTANCE OF 68.61 FEET; NON - TANGENT TO SAID CURVE NORTH 21.04'36" EAST 39.20 FELT TO THE NORTH LINE OF SAID LOT 16; THENCE SOUTH 66.59'44" WEST ALONG THE WORTH LINE OF SAID LOT 16, 2298.28 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 3.07'18• EAST ALONG THE WEST LINE OF NOT SAID 16, 2628.54 FEET TO THE SOUTHWEST CORNER THEREOF AND THE POINT OF BEGINNING. TT /03/AG3- 139VP5 4(2- 14 -90) 100184 9/12190 1746 ATTACHMM it TO covwS NT RsOARDINe RNAL PROpn"s INPROVDIERTB RNQUIRED As CONDITION ON YINAL APPROVAL OF BUBDIVIBION OF RIM PROPNRTT. PROJECT NO. TM 87 -041 sUBI)MCKR's DUTIES AND OBLIOATIONB Name of NUBDIVIDER: Christopher S. Lloyd Tract or Parcel Nap Number : 67 -041 Noma of Subdivision: Lloyd Subdivlalon Resolution of Approval 58 -86 Adopted October 17, 1988 Estimated total cost of Improvements: $114,002 1. IMPROVNMNRTD RNQUIRND 1.1 SUBDIVIDER agree at SUBDIVIDER'■ 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: Improvement plans for Encinitas Tract 87 -041 sheets 1 through 8 dated January 1, 1990 and prepared by Conway L Associates Inc. as approved on L- 4 -ZS -9/ by the City Engineer together with any subsequent amendments approved In writing by the City Engineer; on file with CITY in City Engineer's office and incorporated herein as though fully set forth at length. 1.7 Purther, SUBDIVIDER agrees to perform the following conditions: Ito■ 14 of Resolution No. 98 -86. TP /03 /AG1- 119wp5 5(2- 14 -90) 10e2aa 9/11/90 e. 1747 2.0 ER2Wa2S or rou 2.1 Time is of the essence with this Covenant. SUBDIVIDER shall cosmsnce substantial construction of the improvements required by this Covenant not later than June 1, 1997 and shall complete the improvements no later than !larch 1, 1997. In the event good cause exists, as determined by the City "inner, the ties for commencement of construction or canpletion of the improvements hereunder may be extended. any such extension may be granted without notice to SUBDIVIDER's Surety or Sureties, if miry, 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 shell be the sole and final judge an 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 coats as determined by the City Engineer. 1.2 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 shall pay the actual costs of acquisition of such property interests. T► /01 /AG1- 119vp6 6(2- 14-90) 10016a 9(12)90 0 i 1748 2.1 SU2DIVIDER shall, at SUBDIVIDER'■ 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. Bo construction work shall begin until authorised by CITY. 2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits for the buildings constructed on any lot crested 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, end provide safe access, for inspection by CITY, to all parts of the work and to the shop* 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. 1. INSPECTION JAMP7UhCE Clr 1N2ROVAU=fi 1.1 The City Engineer or his duly authorised representative, upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER'• expense, the improvements herein agreed to be constructed and installed by SUBDIVIDER. If determined to be in accordance with applicable CITY standards and the other terms of this Covenant, the TF /01 /AG0- 139wp5 1(2- 11 -90) 10e19a 9112190 1749 City sngineer shall approve the improvements and recommend the acceptanoe of the public improvements by CITY through resolution of the City Council of CITY. 7.1 The SUBDIVIDER agrees to pay for each inspection of the improvements required by the City Engineer. 7.7 ilpproval of the improvements and acceptance of the public Improvements by CITY, shell not constitute a waiver by CITY of any defects in the improvements. 3.4 Until such time as the improvements required by thin Covenant are fully completed by SUBDIVIDER, approved by the City Engineer and the public improvements are accepted by CITY, SUDDIVIDER will be responsible for the care, maintenance, repair and replacement of such public improvements. 4. GMANTREMARRAM 1.1 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 pert 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 delay and without any cost to CITY, repair, replace or reconstruct any failing part or parts of the public improvement. 77/03 /AC3- 179wp5 8(1- 1e -90) 10e15a 9/11/90 .. 1750 4.2 TEN YEARS. For tan years following the acceptance by CM of the public improvements, SUBDIVIDER shall remain obligated to cure all identified defects in the design, construction, materials of the public improvements. 5.0 ply 5.1 FOR CONSTRUCTION. A. SUBDIVIDER shall furnish to City good and sufficient security in the farm or a cash deposit, a letter of credit or other security as approved by the City Engineer in the amount of 150% 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 improvsaent plans and specifications or to the improvements add SO% or sore to the original estimated costs of the improvements, SUBDIVIDER shall provide additional security in a fors satisfactory to CITY in an amount equal to 1001 of the total eetiautad 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 fors of a cash deposit, letter of credit or other security as approved by the City Engineer, in the amount of 25% of the estimated total coat of the public improvements, to secure SUBDIVIDER's guarantee and warranty TI /03 /AC3- 139vp5 9(2- 14-90) 10e1ee 9 /12/90 1751 specified herein for a period of one year following the acceptance by CITY of the public improvements. 6. CDRINO 0}- DafaDLTa 6.1 In the event that SUBDIVIDER fails t0 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 sails written notice of default to 6UBDIVIDER and SUBDIVIDER foils 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'■ 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 doom advisable, for the account and at the expense of SUBDIVIDER. SUBDIVIDER &hall 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 utilise such materiels, appliances, plants and other property belonging to SUBDIVIDER as may be on the sits of the work end necessary therefore. 6.3 Should the exigencies of the case require repair&, replacements, or work to be done before SUBDIVIDER can be notified and given 20 days to perform, CITY may, at CITY'■ option and Ti /03/AG3- I79wp5 10(2- 1e -90) 10alSo 9/12 /90 I .. 1752 without liability, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER eshall pay to CITY the actual costs of so doing. 7.0 HOLD MU MIEms 7.1 SUBDIVIDER agrees to Indemnify and hold CITY and CITY's officars, officials, employees and agents harmless foots, and against any and all liabilities, claims, demands, causes of notion, 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'& egants, employees, subcontractors, officials, officers or representatives. Upon demand, SUBDIVIDER shall, at Its ovn expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demar.c2s, causes of action, losses, damages and costs. 7.2 SUBDIVIDPR'S obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the improvaments; but does not extend to liabilities, Claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specif icatioru 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 writing, by the SUBDIVIDER, and the writing Is filed with the City Engineer more than ten days prior to the eonnencsment of work. T7 /01 /AG3- 119wpS 11(2 - 14-90) 10015a 9/12190 ems- ----- - -- - -— - - -- - - -__ —_ - — -- 1753 7,7 SUBDIVIDER'• 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. 7.1 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 protection 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 bold CITY and CITY'• 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, loosen, damages or costs that arise out of cITY's intentional wrongful acts, CITY'■ violations of law, or CITY's sole active negligence. a. o IMAM= 6.1 The SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage Insurance from an insurance company approved by CITY and authorized to do business in the State of California, in Tr /03/AG3- 139wp5 12(2- 1e -90) loelae 9 /12/90 1751 an insurable amount of not lase than one million dollars ( {1,000,000.00) for each occurrence. The Insurance policy &hall 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 I policies. 6.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREMEM. 9.0 NOTICE9 9.1 Any notices: to be given under thin COVENANT, or otherwise, shall be served by certified mail. 9.2 For the purposes hereof, unless otherwise provided in writing by the partiem hereto, the address of CITY and the proper person to receive any such notice on its behalf ie: City of Encinitas 527 Encinita Boulevard Encinitas, CA 92024 and the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: Christopher S. Lloyd 1615 Fortune Ranch Road Encinitas, CA 92D24 TP /03/AG3- 139wp5 13(2- 14 -9D) 20a25a 9/12/90 10.0 ■DnDITMR -1 SUBDIVIDER certifies that BUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 DSC i6 1101 -1535) and will comply with these requirements, including but not limited to verifying the eligibility for eaployment 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'■ 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. 11.3 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations not forth heroin. 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. Tl /03 /1163 -139WP5 1e(2- 14-90) 1061sa 9112/90 ' 1758 11.4 No verbal sgreeaent 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 TT /03/AC3- 139wp5 13(7- 1e -90) 10sl5a 9/12/00 L ti m.v O� 1 �H 1 zs'a: i 1 I� w 1 � i E, 3 r, ��atx o� C �l d W ib 0 Ii so �w n sw �10�n M M ° O a' A �' 1. °e o s Jo A o 0 qqo y O N 11 C ■ '•1 P. at H H U it d � Ii so �w n sw �10�n M M ° O a' A I v° • p4 r• Y N • a �+ sg n[ • r4 ■ �' °e o s g A o 0 qqo y a 411 d � a on a0i 4 � vv N • p� • � G • M w ti ° > • � 4 O v C. O • � O O s so � w o L ■ a p � • V v M ■ ti LOOO N ' 3 °c c a • 3 4 3 9 0 N i ■ O O • . ■ Q C• O c � H l G ■I � m a a r .n m L U L a+ w w . 1 ►� O 1 Y Y • < N M C a • O c. • O O N is a a a c I v° • p4 r• Y N • a �+ sg n[ • r4 ■ �' °e o u g o 0 qqo y a 411 d O � vv N • p� • � G • M w ti ° > 4 4 �.1 • O • � It so � w o so. . a p � • M v N ' 3 °c c a • 3 4 3 9 0 • a J Y • a M 00 s 5t �g S • • H 0 P r S i M a O n �y i v h 1 0 F P N N t. :1 u y �y 7 ✓ M M Y ti 4 .p ✓y E G r • i ti s 1a ✓ 5 O � M p A • On r o w zoo: a� O . t • r 9 no O p u a ti v ° � a ° e M q g ; 0 S v ✓ R S a r . M p � O M tl O 7 g � � a M E ✓ u N F b � � a b QMOF aY Y M M W G • M O e 0 w ✓ O p d :, i M fl W n 1 P \ O h \ n n \ h O ij r r � • o ~ ✓ P. O h y �y 7 ✓ M M Y ti 4 .p ✓y E G r • i ti s 1a ✓ 5 O � M p A • On r o w zoo: a� O . t • r 9 no O p u a ti v ° � a ° e M q g ; 0 S v ✓ R S a r . M p � O M tl O 7 g � � a M E ✓ u N F b � � a b QMOF aY Y M M W G • M O e 0 w ✓ O p d :, i M fl W n 1 P \ O h \ n n \ h O ij .F�..' 11 lf..:�; f.. �:4i i`` t �.` h�! i6.1� i'�t �.�� y.; •���� �'t.��i �q � J ��.�.., 1�. i�. � .4 }Y' 1. y `' t { l ..� �Y .' � � _ '.. „I ,li ., � '� �Y�, .' .; S ' . f .1. i� {t � t, �,,.� � Ya .i . a� � . 4 5 l C .. . �: r 1731 ITATl Or CALIFORNIA ) ee. COUNTY OF SAN DISCO ) On this 6th day of Varch, 1991, before me, the undersigned, a Votary Public in and for acid State, personally appeared CHRISTOPHER S. LLOYD, personally known to me or proved to ae On the basis of satisfactory evidence to be the Sxecutor of the Satate of KARGARI7A S. LLOYD, deceased, personally known to a or proved to me on the basis of satisfactory evidence to be the person who exeoatod the within Instrument on behalf of said estate, and acknowledged to me that, pursuant to an order of the Superior Court of the State of California, in and for the county of San Diego, in Cage No. 15976, CHRISTOPHER a. LLOYD signed and exeeuted the within Instrument on behalf of said estate. WITNESS my bend and official seal. N.�+C Kv P ICK —�C—f X-f �< r�e.Mn w�,«..n . •r Notary Pub )AC 4 r 1732 ATTROMENT A TO OOP7EA " REOARD2N0 REAL PEOPERTYI PRIPATE IMPR07EMENTE REQUIRED AS CONDITION ON PI10►L. RPPROVAL OF SUBDIVISION BT REAL PROPERTY. PROJECT NO. TM 87 -041 PROPERTY DESCRIPTION ALL THAT PORTION OF LOT 16 OF THE SUBDIVISION OF RANCHO DI LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF BAN DIEGO, BTATI OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1898, DRSCRIBED AS FOLLOWSt BEGINNING AT THE BOUTHWEST CORNER OF SAID LOT 161 THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 16, 696.78 FEET (RECORD 696.66 FEET); THENCE NORTH 2.25119" WEST (RECORD NORTH 2.25'09" WEST) 1208.51 FEET TO THE SOUTH LINE OF THAT 30.00 FOOT PIPELINE EASEMENT GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED JULY 25, 1977 AS FILE NO. 77- 296591 OF OFFICIAL RECORDS OF RAID BAN DIEGO COMM; THENCE ALONG THE SOUTH LINE OF SAID PIPELINE EASEMENT, SOUTH 88.48'45" EAST 281.55 FEET; NORTH 67.13142" LAST 931.86 FEET1 SOUTH 84.54938• EAST, 176.00 FEET; AND NORTH 69.08108" EAST 291.49 FEET TO THE CENTER LINE OF COUNTY ROAD SURVEY NO. 554 (LANE JACB ROAD) AS SHOWN ON RECORD OF SURVEY MAP NO. 6085, FILED IN THE OFFICE OF SAID COUNTY RECORDER AUGUST 14, 1962, BEING A POINT ON THE ARC OF A NON - TANGENT 570.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY A RADIAL LINE OF WHICH BEARS NORTH 67.43639• EAST; THENCE LEAVING THE BOUNDARY OF SAID PIPELINE EASEMENT, AND CONTINUING NORTH ALONG THE CENTER LINE OF SAID ROAD SURVEY THROUGH A CENTRAL ANGLE OF 3.27155" A DISTANCE OF 34.47 FEET; THENCE TANGENT TO SAID CURVE NORTH 25.44'15" WEST 175.36 FEET TO THE BEGINNING OF A TANGENT 350.00 RADIUS CURVE CONCAVE THENCE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAIC CURVE THROUGH A CENTRAL ANGLE OF 23.18'410 A DISTANCE OF 142.40 FELT; THENCE TANGENT TO SAID CURVE NORTH 2'25'35" WEST 166.39 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8.40144• A DISTANCE OF 49.99 FEET; THENCE TANGENT TO SAID CURVE NORTH 6'15'09" EAST 279.22 FEET TO THE BEGINNING OF A TANGENT 390.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13.15'19" A DISTANCE OF 90.23 FEET THENCE; TANGENT WORTH 7'00112" WEST 44.99 FEET TO THE BEGINNING OF A NON-TANGENT 140.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE OF WHICH BEARS SOUTH 82.59'51" WEST THENCE; NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28.04'47• A DISTANCE OF 68.61 FEET; NON - TANGENT TO SAID CURVE NORTH 21.04'36• EAST 39.20 FEET TO THE NORTH LINE OF SAID LOT 16; THENCE SOUTH 56.59'44" WEST ALONG THE NORTH LINE OF LOT 16, 2298.28 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 3.07110" EAST ALONG THE NEST LIME OF LOT 16, 2628.54 FEET TO THE POINT OF BEGINNING. TF /03/COV2- 248WP5 (2-15 -91 -1) 1091N 9112/90 I it r=� 1733 ATTACIOCTUT B TO CCVEMAIfT REGARDING REAL PROPERTYI PEIVATE IXPROVEMEN79 RBQDIRED AS CONDITION ON PIIAL APPROVAL Of SUBDIVISION Of REAL PROPERTY. PROJECT NO. TN 57 -041 xuBDrVID6t12 DUTIES AND OBLIGATIONS Name of SUBDIVIDER: Christopher 8. Lloyd Tract or Parcel Map Number: 67 -041 we" of Subdivisions k1ovd 6ubdivision Ramolation of Approval Number: 8866 -86 Adopted 10127 /B6 Estimated total post of improvements: 5198.877.00 1. IMPROVEMENTS REQUIRED 1.1 SUBDIVIDER agrees at SUBDIVIDER'S own cost and expense to furnish all the labor, equipment and materiels to perform and complete, in accordance with the plans and specifications and to the satisfaction and approval of the city Engineer, all of the private improvements referred to below: Improvement plans for Encinitas Tract 87 -041, sheets 1 through 8, dated 1/1190 and prepared by Convey and Associates, Inc., as approved on 04-7';-1) by the City Engineer together with any subsequent amendments approved in writing by the City Engineer; on file with CITY in the City Engineer's office and incorporated herein as though fully set forth at length. 1.2 Further, SUBDIVIDER agrees to perform the following conditions: Item 04 of Resolution No. 86 -86. T7/O7 /COV2- 246wp5 (2-15 -91 -1) 10e1Se 9/12/90 1731 e.0 smodREee or Teat 1.1 Time to of the essence with this Covenant. SUBDIVIDER shall oommence substantial construction of the private improvements required by this Covenant not later than 6/1/97 and shall complete the private improvements no later than 3/1/93. In the event good cause exists, as determined by the City Engineer, the time for cotmanoement of construction or completion of the private improvements hereunder may be extended. Any such extension may be granted without notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way affect the validity of thin Covenant or relsaae 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 vhather or not good cause has boon shown to entitle SUBDIVIDER tc 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 oonstruction costs as determined by the city Engineer. 1.2 If any of the private improvements are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be coanenced prior to SUBDIVIDER demonstrating to CITY that SUBDIVIDER has acquired the appropriate property Interests. 2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necemesty permits and license& for the construction of the private TPy03 /CIIV2- 2e8wp5 (1- 15 -91 -1) lake 9/13190 improvements and give all necessary notices and pay all fees and taxes required by law. 2,1 SUBDIVIDER shall notify the City anginear in writing at least 15 days prior to the commencement of work hereunder. So - oonstruction work shall begin until authorised by CITY. 2.5 SUBDIVIDER shall not be entitled to obtain 000upancy permits for the buildings constructed on any lot created by the subdivision until all required improvements have been provided to the satisfaction of the City Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for Inspection CITY, to all parts of the work and to the shops wherein the work is in preparation. 2.7 SUBDIVIDER shall give good and adequate warning to the public to each and every existing danger relating to the construction of the private improvements, and shall protect the public from such dangers. 5. I1faPECTIOP /APPROVAL Or 1nvaVYananXe 3.1 The City Engineer or his duly authorized representative, upon request of SUBDIVIDER, shall Inspect, at SUBDIVIDER's expense, the private improvements herein agreed to be constructed and installed by SUBDIVIDER. I£ determined to be in accordance with applicable CITY standards and the other tens of this Covenant, the City Engineer shall approve the improvements. 7.2 SUBDIVIDER agrees to pay for each Inspection of the improvements required by the City Engineer. TEJ07 1COV2- 248wp5 (2- 15 -91 -1) 1Oe1se 9121190 f! 1736 3.3 approval of the private improvements by CITY, shall not constitute a waiver by CITY of any defects in the improvements. 3.4 Until such time as the private improvements required by this Covenant are fully completed by SUBDIVIDER and approved by the City Engineer, SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such private improvements. 4.0 IoaD aama.mma 1.1 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'■ agents, employees, subcontractors, officials, officers or representatives. Upon demand, SUBDIVIDER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 4.2 SUBDIVIDER'■ obligation herein Includes, but is not limited to, alleged defects in the plans, specifications and design of the private Improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or coats that arise out of a defect in the plans, specifications or design that is a result of ■ change required by CITY to SUBDIVIDER's proposed plans, specifications or design so long as such change Is objected T11/03/00V2- 2eawp3 (2-16 -91 1) 108154 9112/90 Yf, r, 1737 to, in writing, by tOBDIVIDER, and the writing is filed with the city Engineer more than ten days prior to the commencement of work. 4.3 subDIVIDER'■ obligation herein includes, but is not limited to, alleged defects in the construction of the private improvements) alleged defects in the materials furnished in the construction of the private improvements; alleged injury to persons or property; alleged inverse condemnation of property or a consequence of the design, construction, or maintenance of the work or the private improvements; and any accident, loss or damage to the work or the private improvements prior to the approval of the construction of the private improvements by CITY. 1.4 by approving the improvement plans, specifications and design or by inspecting or approving the private improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of SUBDIVIDER who shall remain obligated in the as" degree to indemnify and hold CITY and CITY's officers, officials, employs" and agents, harmless as provided above. 4.5 SUBDIVIDER'& 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'■ 0010 active negligence. 3.0 INBMKC6 3.1 PUSDMOER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance free an insurance company approved by CITY and TF /031COV2 - 1a3wp9 (2- 15 -91 -1) 700150 9/11150 3 t I 1738 authorised to do business in the State of California, in an Insurable amount of not leas than one million dollars (41,000,000.00) 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 aspire without thirty (30) days prior written notice to CITY from the insurance company. 5.7 CITY shall be named as an additional insured on owDrVIDER'a policies. 5.7 SMIVIDER shall furnish certificates of said Insurance to CITY prior to commencement of work under this AGREEMENT. e.0 REPAIR 6La INTIHXNCE awn eEPLaCIKXKT As a condition on the approval by CITY of the satisfactory construction of the private improvements, SUBDIVIDER shall prepare, have executed, and record a covenant, in a fora satisfactory to CITY, whereby property owners who will be served by the private improvements will be obligated to provide for the repair, maintenance and replacement of the private improvements and to indemnify and hold CITY and CITY's officers, officials, employees and agents, Yarmless. 7.0 NOTICES 7.1 Any notices to be given under this COVENANT, or othervise, shall be nerved by certified nail. 7.2 Per the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any Much notice on Its behalf is: T!/03/C772- 218wp5 (2-IS -91 -1) 100160 9/12/90 re 00 1739 city of Encinitas 527 Encinitas Blvd. Encinitas, CA 92024 and the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: Christopher S. Lloyd 3615 fortune Ranch Road Encinitas, CA 92024 8.0 BUBDMDdE.'. SUBDIVIDER Certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (a USC SS 1101 -1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations Contained herein. 9.0 GEffE . PROVIBIDRB 9.1 Neither SUBDIVIDER nor any of SUBDIVIDER'■ agents or contractors are or shell be considered to be agents of CITY in connection with the performance of SUBDIVIDER's duties and obligations under this Covenant. 9.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations set forth herein. 9.1 SUBDIVIDER shall provide the improvements as an independent contractor and in pursuit of SUBDIVIDER's independent Tr /01 1COV2- 249WPS (2- 15 -91 -1) 10e11e 9/12190 0 1710 calling, and not as an employee of CITY. IUDDIVIDtR shall not be under control of CM except of to the result to be accomplished. OnDIVIDLR fey confer with CITY as required to perform this Covenant. 9.e 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. Sr /03 /CDV2- 348wpS (2- 15 -91 -1) IDeie• 1/11/90 0 T 1686 RECORDING REQUESTED M ) WHEN RECORDED NAIL Tot ) ) CITY ENGINEER ) CITY OF ENCINITAS ) 517 ENCINITAS BOULEVARD ) tnrriN*TAe CA 92094 1 l DOC 1991 - 4201847 oz-nHY -1991 08 +17 An !A .46 LIMPO iiivau': Ji: A i"etioi iafet�. itsA ?+ i'iiCiilti r:i: d4 SEP 221997 DOCUMENTARY TRANSFER TAX $ 10.00 - , ASSESSOR'S PARCEL NO. 264! 0 0 0 VjiY Uj- /� w GRANT OF EASEMENT FOR RECREATIONAL TRANJ ,v A. Sae Exhibit C ( "OWNER- hereinafter) is the owner of real property dmscr n ibit who which is attached hereto and made a part hereof (•PROPERTY" hereinafter) . For valuable consideration, OWNER hereby grants to the City of Encinitas ( "CITY" hereinafter) , (for the bensfit of CITY) , aasements across PROPERTY located as described in Exhibit "S ", which are attached hereto and made a part hereof, for Public Recreational Trail purposes which include, without limitation, use by members of the public to walk, jog, run, ride horses, and operate non - motorised bicycles. However, no motorcycles or other motor vehicles shall be permitted on the trails with the exception of emergency and maintenance vehicle*. 5. CITY agrees to properly and safely maintain the trails and related improvements to a level satisfactory to serve sufficiently the public need. Construction and maintenance activities include, but are not limited to, work on, below, and above the surface of the easements. C. Pursuant to ■ permit issued by the CITY, private owners of lots adjacent to the easement granted to the CITY say construct and maintain driveways and install underground utilities across the easement, subject to the following conditions: 1) No culverts, berms, ditch" or other futures which may impede or restrict the intended use of the trail, shall be permitted. 2) Where private roads or drivawaye cross the trail easement, finish grade of road or driveway shall be within 7 inches of trail grade with maximum 6 inch curbs. 1) If the road or driveway is paved, pavement at trail- driveway intersection shall be approved texturired pavement such as coarse broomed concrete. HN /dc /COV2- 176vP5 (2 -5 -91/1) D. CITY agrass to defend, indannlry, and save free and hold haralass OWNER from and against all claims, liabilities, penalties, fines, or any damage to goods, properties, or affects of and person whatever, and for personal injuries err death Caused WY, in or resultinq from, or claimed to have been osueed by, g frog the negligence or intentional act of CITY. I. This easement shall run vith the land and be binding upon and inure to the personals presentative, transfereesa nd asaigrnuofethe respective parties. F. If either Tarty is required to incur costa to enforce the provisions of thla easement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, free the other party. Dated 4-�— Owner- ACCEPTANCE BY CITY I accept, on behalf of the City Council of the City of Encinitas, pursuant to the authority conferred by Revolution 87 -72 of said easement consent to the recordation they of by its ,duly authorls d officer• DATE: �i -'LS i� —_ EY: ever'^ --�-L, Marken H. Shofar, Git snngez KW /dc /C0V2-176vp5 A1M'1W OOL�O Nte � � t6V rA YNO31 � � EaM- )MV/'Id •2e-45 pus 63unoa PTn aoj u oTtqnd .tae -4o Lin TsToTI10 Pus Pus4 An Ssa"Jit •3uv6ni3suT s4] pe2cuvx0 'ps2me uosavd 642 40TUA i0 ITV4sq uodn A4T3us 0q2 so 'uosasd •q3 4u00na39uT 043 uo 42n3eubTv sSq tq 3vtn Pus 'n0T2Tavdso sT4 uT 0016 041 Pgnn6xv 64 39gZ p06p0Tnou »es Pus '4uvmulsuT uT42TR 042 of pvgTaosgne OT nsvu 0so4s uosasd 043 sq oz Oou*PTn6 /x(nzv3nT3v9 ao ■Tseq 042 uo sa 02 pvnoad 'pAoTZ 's as4do2eTm pvasvdds dTTvuosavd 'v2v2s pares ao= pun uT oTTgnd d.12309 a 'pOUBTsaspun 043 's6 sao;vq 't6Et '07 LTady uo L69T Q ( 00914 tmo to Itmm ■s ( ( vlam I'I1f'J t0 7.lvzs 1898 1KRIBBIT A ALL OF THAT PORTION OF LOT 1 IN SECTION S, TOWNSHIP 13 SO71T3, RANGE 3 WEST, BAN HEMMING MERIDIAN, ACCORDING TO TEE OFFICIAL PLAT THEREOF,TOGSTEER WITH THAT PORTION OF LOT 16 OF TM SUBDI:V SI8 ODIEGO, RANCHO DE LAS ENCIWITAS, IS THE CITY OF ENCINITAS, COVWTY OF STATE OF CALIFORNIA, ACCORDING TO MAP TH RZOF N0. 343, PILED IN THE OFFICE OF COUNTY RECORDER OF BAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1698, DESCRIBED AS FOLLOWS, BEGINNING AT TM SOUTHWEST CORNER OF SAID LOT 161 TRENCH EASTERLT ALONG THE SOUTH LIRE OF SAID LOT 16, 696.79 FEET) THENCE WORTH 2 25' 09' NEST 475.03 PERT I THENCE NORTH 87 34' 51' RAST 669.02 FEET TO THE TRUE POINT OF REGINNING i THENCE SOUTH 37 34' S1' NEST 669.02 FEET F THENCE NORTH 2-T�-7'Pj WEST TO THE SOUTH LINE OF THAT 30.00 FOOT PIPELINE BASEMENT GRANTED TO OLIVENHAIR MUNICIPAL MATWR DISTRICT, RECORDED JULY 25, 1977 AS FILE NO. 77- 296591 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUHTYI THENCE EA87ERLY ALONG THE SOUTH LINE OF SAID PIPELINE EASEMENT, TO To CENTERLINE OF COUNTY ROAD SURVEY N0. 554, (KNOW AS LONE JACK ROAD) AS SHOWN ON RECORD Of SURVEY NO. 6085, FILED IN THE OFFICE OF SAID COUNTY RECORDER O1 AUGUST 14, 1962) THENCE SOUTHERLY ALONG SAID CENTERLINE, TO IT'S INTERSECTION WITH A LINE THAT SEARS NORTH 71 12. 24 ' EAST FROW THE TRUE POINT OF BEGINNING, THENCE SOUTH 71 12' 24' NEST TO TIE TRUE POINT OF ERGIMIING. END EREISIT A - PAGE 1 OF 1 lose sE HIBIT g EASB)CWT FOR RECREATIONAL TRAIIJ ALL Or THAT PORTION Or LOT 1 IS 9ECTION B• TOWNSEIF 13 SOUTH, RANGE 3 WEST, a" BERNARDINO MERIDIAN, ACCORDING TO THE OrrICIAL PLAT THEREOF,TOGETHER WITH THAT PORTION Or LOT 16 OF THE SUBDIVISION Or RANCHO DE LAS ENCINITAE, IB THE CITY Or ENCINITAS, COUNTY Or SAN DIBOO, STATE OF CALIFORNIA, ACCORDI8N2 TO NAP THEREOF NO. 868, FILED IN THE OFFICE Or COUNTY RECORDER Or SAE DIEGO COUBTY, STATE OF CALIFORNIA, JUNE 27, 1898, DESCRIBED AS POLIOWB[ A STRIP Or LARD 9.00 FEET WIDE, 1.00 FEET ON BOTH SIDES Or THE FOLLOWING DESCRIBED CENTERLINE 8 BEGINNING AT ?HE SOUTEWRIT CORNER OF SAID LOT 161 THENCE EASTERLY ALONG THE IOU" LINE OF SAID LOT 16, 696.78 FESTI THENCE NORTH 2 25' 09• WEST 675.03 FEET I THENCE NORTE 87 31. 51' BAST 669.02 FEET 1 THENCE NORM 71 12' 26' EAST TO A POINT ON TON CENTIRLIHE OF COUNTY ROAD SURVEY N0. 556, (KNOW AS TONE JACK ROADS AS SHOWN ON RECORD OF SURVEY NO. 6085, rs LED IN THE OFFICE OF SAID COUNTY RECORDER ON AUGUST 16, 1962 , SAID POINT BEING TBB BEGINNING OF 783 CENTERLINE Or SAID 8.00 FEET WIDE STRIP Or LAND AND THE TRUE POINT OF BEGINNING N THENCE WESTERLY ALONG THE SOUTH LINE OF THE SUBJECT PROPERTY AS DESCRIBED IN EXHIBIT •A' SOUTH 71 12. 24' WEST 65.00 FRET f THENCE NORTH 20 66' 170 WEST TO A POINT ON TEE NORTH LINE OF THE SUBJECT PROPERTY AS DESCRIBED IN EXHIBIT 'A'. THE SIDELINES OF THIS 8.00 FOOT WIDE EASEMENT SHALL EE LESCTHESED OR SHORTENED AS TO TERMINATE I8 THE SORTS ANO SOUTH LINES OF TBE SUBJECT PROPERTY AS DESCRIBED IN EXHIBIT •A'. END EXHIBIT B - PAGE 1 OF 1 i` :4,. . .: '. �. 9,i >. _� ,� _ - r `S _.. ;n� i i �` 7 "� _� ..{ r- '. 1. ' ti: ASSESSOR'S PARCEL NOT 261- 210 -02,03 GRANT OF PRIVATE ROAD EASEMENT CHRISTOPHER S. LLOYD AS EXECUTOR OF THE BSTATB OF MARGARITA E. LLOYD, DECEASED, PROBATE NO. 15976, (GRANTOR) FOR VALUABLE CONSIDERATION, GRANTS TO CHRISTOPHER S. LLOYD , A MARRIED MAN AND DCHRRISTOPHEROHATHL MOD AS EXECUTOR OF HE ESTATE OF MARGARITA E. LLOYD , 15976, (GRANTEE), AN BASEMENT AND RIGHT OF NAY FOR ROAD AND UTILITY PURPOSES, 32.00 FEET IN WIDTH, TOGETHER WITH THE RIGHT TO INSTALL AND MAINTAIN UTILITIES AND TO INSTALL AND MAINTAIN SLOPES AND DRAINAGE FOR TUB BENEFIT OF SAID 32.00 FOOT BASEMENT, OVER A PORTION OF REAL PROPERTY, THE LEGAL DESCRIPTION OF WHICH IS AS FOLLOWS[ SEE EXHIBIT A THE DESCRIPTION OF SAID 32.00 FOOT ROAD AND UTILITY BASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLIAWS1 SEE EXHIBIT B GRANTOR SHALL NOT ERECT, PLACE OR CONSTRUCT, NOR PERMIT TD BE ERECTED, PLANT ANT TRES PLACED OR DIG OANYCWELLRWI WITHIN THIS BASEMENT- R GRGRANTORSTRUCTURE, ANDTG E RkNTEE HAVE THE RIGHT TO GRANT UTILITY OR PUBLIC SERVICE EASEMENTS TO OTHERS ON, OVER OR UNDER THE LAND COVERED BY HIS EASEMENT. IT SHALL BE TBE RESPONSIBILITY OF GRANTEE TO MAINTAIN AND LANDSCAPE THIS EASEMENT. HIS EASEMENT SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS, PERNITTEES, LICENSEES, AGENTS OR ASSIGNS OF GRANTOR AND GRANTEE. IN WITNESS WHEREOF, GRANTOR EXECUTED THIS INSTRUMENT THIS 18th DAY OF APRIL 1991. N 10C4VK- 1991- 0178724Fn cumomyFALTN�duwuw"0w 1681 RECOADINO REQUESTED BYT ?t., —it c . " CHRIS LLOYD C/O 1 „Ktq tw+:• ,p.-T rt.M+u CONWAY i ASSOCIATES, INC. 1 rte O.W '�: • """ 135 A LIVERPOOL DRIVE CARDIFF, CA 92001 1 WHEN RECORDED, MAIL TOT ) CHRIS LLOYD C/O ) CONWAY i ASSOCIATES, INC. ) 135 A LIVERPOOL DRIVE ) CARDIFF, CA 92007 ) SPACE ABOVE FOR RECORDER'S USE ASSESSOR'S PARCEL NOT 261- 210 -02,03 GRANT OF PRIVATE ROAD EASEMENT CHRISTOPHER S. LLOYD AS EXECUTOR OF THE BSTATB OF MARGARITA E. LLOYD, DECEASED, PROBATE NO. 15976, (GRANTOR) FOR VALUABLE CONSIDERATION, GRANTS TO CHRISTOPHER S. LLOYD , A MARRIED MAN AND DCHRRISTOPHEROHATHL MOD AS EXECUTOR OF HE ESTATE OF MARGARITA E. LLOYD , 15976, (GRANTEE), AN BASEMENT AND RIGHT OF NAY FOR ROAD AND UTILITY PURPOSES, 32.00 FEET IN WIDTH, TOGETHER WITH THE RIGHT TO INSTALL AND MAINTAIN UTILITIES AND TO INSTALL AND MAINTAIN SLOPES AND DRAINAGE FOR TUB BENEFIT OF SAID 32.00 FOOT BASEMENT, OVER A PORTION OF REAL PROPERTY, THE LEGAL DESCRIPTION OF WHICH IS AS FOLLOWS[ SEE EXHIBIT A THE DESCRIPTION OF SAID 32.00 FOOT ROAD AND UTILITY BASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLIAWS1 SEE EXHIBIT B GRANTOR SHALL NOT ERECT, PLACE OR CONSTRUCT, NOR PERMIT TD BE ERECTED, PLANT ANT TRES PLACED OR DIG OANYCWELLRWI WITHIN THIS BASEMENT- R GRGRANTORSTRUCTURE, ANDTG E RkNTEE HAVE THE RIGHT TO GRANT UTILITY OR PUBLIC SERVICE EASEMENTS TO OTHERS ON, OVER OR UNDER THE LAND COVERED BY HIS EASEMENT. IT SHALL BE TBE RESPONSIBILITY OF GRANTEE TO MAINTAIN AND LANDSCAPE THIS EASEMENT. HIS EASEMENT SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS, PERNITTEES, LICENSEES, AGENTS OR ASSIGNS OF GRANTOR AND GRANTEE. IN WITNESS WHEREOF, GRANTOR EXECUTED THIS INSTRUMENT THIS 18th DAY OF APRIL 1991. N r 1662 STATE Of CALIFORNIA ) ) 6S COUNTY OF BAN DIEGO ) on April 16, 1991, before se, the undersigned, a Notary Public in and for said State, personally appeared Christopher S. Lloyd, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the ultZin instrument and acknowledged that he executed the same in his capacities, and that by his signature on the instrument the parson, or the entity upon behalf of which the person acted, executed the instrument. wiTNE86 my hand and official seal. Voryli ✓ tnn iy Diary Publ e n •r�for said County and State PL/ACX -W2 OF {WL WM LEONA v. xAUGLIN W cm ran 0 BEFL b, 1994 _E0 1663 EXHIBIT A AM WEST THAN PORTION OF MERIDIANINACCONDIONGBTOTTON OFFICIAL PLAT RANGE 3 TEERSOF,TOGBTEER WITH THAT PORTION OF LOT 16 OF THE SUBDIVISION OF STATE NCHOODO LAS FENCINITAS, IV THE TCITY NAFOTNEREOIINO.I His, rILED B D'1'IH6�� OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1898, DESCRIBED AS FOLLOWS$ BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 161 HENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 16, 696.78 FEET; THENCE NORTH 2 25' 09• WEST 675.03 FEET 1 THENCE NORTH 87 14, 510 EAST 669.02 FEET TO TEE HUE POINT OF BEGINNING ; THENCE SOUTH 87 31' 51' WEST 669.02 FEET ; THENC8NORT9 2 - WEST TO THE SOUTH LIVE OF THAT 30.00 FOOT PIPELINE EASEMENT GRANTED TO OLIVENSAIN MUNICIPAL WATER DISTRICT, SAID RSAN DIEGO COUNTY; THENCE EASTERLY 29ALONG TIM SOUTHALIVECOFDSAID PIPELINE BASEMENT, TO THE CENTERLINE OF COUNTY ROAD SURVEY NO. 554, (RNOW AS LANE JACK ROADI AS SHOWN ON RECORD OF SURVEY NO. 6085, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON AUGUST 16, 1962; THENCE SOUTHERLY ALONG 24 CBEMTLFR X INTERSECTION WITH A POINTEOF LINE SOUTH 71 12' 2/' WEST TO•TEE TRUE POINT OF BEGINNING. IMD EXHIBIT A - PAGE 1 OF 1 1881 EXHIBIT B ALL FETE T PORTION NO NER T I INACECTION 8T0 THE TOWNSHIP OFFICIAL PLAT THEREOF, TOGETHER WITH THAT PORTION OF LOT 16 OF THE SUBDIVISION OF STATE OF Din w, E CALIFORNIA, , ACCORDING TO THEREOF NO' 8C S8,, FILEDBIN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 16) THENCE EASTERLY ALONG THE SOUTH LIME OF SAID LOT 16, 696.78 FEET; THENCE NORTH 2 25' 09• HEST 30475.03 0 3FOOT PIP,EELEINEEEASSMENT 25, 19* WEST 70 THE SOU70 LINE OF TEAT GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED JULY 25, 1977 AS FILE NO. 77- 296591 OF OFFICIAL CAI SAN D13GO COUNTY; TF G L� OF SAID PIPELINE EASEMENT, TOO E CENTERLINO COUNTY ROAD SURVEYN 554, (KNOW AS LONE JACK ROAM) AS SHOWN ON RECORD OF SURVEY NO. 6085, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON AUGUST 11, 1962, BEING A POINT ON TEE ARC OF A ON- TANGERT 570.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE OF WHICH BEARS NORTH 67 43' 39' EASTI THENCE OSOUT1 ERLY AWNG SAID DISTANCE•Or I1�O FEET TOCUA POINT UON THE Ru BEGINNINGS )O E THENCE SOUTS 69 Del 08" WEST 666.3 BEING T 666.33 FEET TO APOINT ON THE BEGINNING OF A TANGENT 984.00 FOOT RADIUS CURVE ; THENCE WESTERLY ALONG A TANGENT 991.00 FOOT RADIUS CURVE CONCAVE NORTHERLY THROUGH A CENTRAL ANGLE OF 22 07' 07' A DISTANCE OF 379.87 FEET TO A POINT ON THE NORTHERLY LINE OF THE PROPERTY AS DESCRIBED IN EXHIBIT A , SAID POINT ALSO BEING A POINT ON THE SOUTH LINE OF SAID 30.00 FOOT PIPELINE OTSWH�H BEARE NORTH GIVE ISSA'I15" WEEST MUNICIPAL THENCE WESTERLY ALONG THE �� NORTHERLY LINE OF THE SAID PROPERTY AS DESCRIBED IN EXHIBIT A, SAID LINE ALSO BEING THE SOUTH LINE OF SAID 30.00 FOOT PIPELINE EASEMENT GRANTED POINT THENBB INNINGLOFAASNONITANIGENT 10D16500 CFOOTFRADIUS CURVE A CONCAVE NORTHERLY, RADIAL LINE OF WHICH BEARS NORTH 05 01' 36' EAST) THENCE EASTERLI ALONG ALONG SAID 1016.00 FOOT RADIOS CURVE THRU A CENTRAL ANGLE OF 25 53' 28' A DISTANCE OF 459.16 FEET ) THENCE TANGENT TO SAID CURVE BORTH 69 08' 08' EAST, 665.63 FEETLATHE CENTER LINES OF SAID COUNTS ROAD SURVEY NO. 554 (LOAF JACK ROADS A ON THE ARC OF SAID WON-TANGENT 570,00 POOT RADIUS CURVE CONCAVE SOUTHWESTERLY' A RADIAL LI E FWHICH BARSNOR E H 722 211 11' EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 13' 05' A DISTANCE OF 32.01 FEE7 TO TUB TRUE POINT OF BEGINNING. END EXHIBIT 8 - PAGE I OF 1 zias Recording Requasted By: ) city of Encinitas ) When Recorded hail to: ) City Engineer ) ! CITY OF ENCINITAS ) 521 Encinitas Boulevard, Suite 100 J Encinitas, California 92026 ) 7 DOC #a 1991 - 0146056 sax 11M CWn EM 'S WICE WM i 7Y 4.00 SPACE ABOVE FOR RECORDER'S USE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RICHT -OF -NAY REQUIRED AS CONDITION OF APPROVAL OF qi 97 -061 - ---- Assessor's Parcel No. 261- 260 -02.03 Project No.: TM 87 -011 Christopher S. Lloyd, 6 married man and W.O. No.: 83560 Christopher S. Lloyd as Executor of the 1109. No,; 371 Estate of Margarita E. Lloyd, deceased, Probate No 15976 - - -- ( "OWNER° hereinafter) is the owner of real property desc;,413W a1�91 follDws: SEE EXHIBIT •A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, which is comaonly known as The Lloyd Subdivision A.P.R 261 -240 -02,03 ( °PROPERTYn hereinafter). In consideration of the approval of TM 87 -011 by the City of Encinitas ( °CITY" hereinaftar), OWNER(s) hereby make(s) an Irrevocable offer of Dedication, for the benefit of CITY, of the hereinafter described real property for PUBLIC RIGHT -or -WAY The real property referred to above is situated in the City of Encinitas, Tr /03 /COV1 -95vp5 (6- 13 -69) 1 2126 county of Ben Diego, State of California, and is more particularly described a follows 6EE EXHIBIT "B" ATTACHED HBREPO AND MADE A PART HERETO BY THIS REFERENCE, OWNER hereby further offers to CITY the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right -of -Way Where ^� required for the construction and maintenance of said PUBLIC RICH ? -OP -NAY RESERVING unto OWNER, his successors or -------- asr}gn:— thr -Y44ht -te �IieiNate -suatY +loWti +ndfoz drainage structures or portions thereof, When in the Written opinion of CITY, the necessity therefor is removed by substituting other substitution is first approved in writing by CITY. own hereby further offers CITY all trees, growths (growing or that may hereafter grow), and road building materials Within said right -of -way, including the right to take water, together with the right to use the same in such manner and at such locations as CITY may dean proper, needful or necessary, in "a con■tniction, reconstruction, improvement or maintenance of said public right- of -way. oWKm, for himself, his successors and assigns, hereby Waives claim for any and all damages to OWNER'S remaining property contiguous to the right -of -way hereby conveyed by reason of the location, construction, landscaping or maintenance of said PUBLIC RIGRT -OP -MAY TP /03 /COV1 -95wpS (6- 13 -99) 2 M 2127 This offer of Dedication is made pursuant to Section 7050 of the Government Code of the state of California and may be accepted at any time by CITY. This Offer of Dedication may be terminated and the right to accept the offer may be abandoned in accordance with the summary vacation procedures in Section 8300 et sea. of the Streets and Highways Coda of the State of California. The termination and �abandonnent nay be made by CITY. This offer of Dedication shall be irrevocable and shall run _with_Sbe Sand.. ind_ .binding upon. And_Saurs_Sa_Lba- benefit of future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. a Lf of eecspte ee of thi f&r _e_ny e d •�I near A.IBM al and eassment(s) shall be subordinated to this offer of Dedication. OWNER agrees that OWNER's duties and obligations under this Offer of Dedication are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY my add to the tax bill of OWNER any past due financial obligation owing to CITY by way of this Offer of Dedication. If either OWNER or CM is required to incur routs to enforce the provisions of this offer of Dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. CITY may assign to persons impacted by the performance of this Offer of Dedication the right to enforce this offer of Dedication against OWNER. Tr /03 /COVi -95wp5 (6- 13 -89) 3 $15fr v, fig* DATED 2128 owners Christopher a. Loy Sur to, 15-to &= DATED - Cb tVTT/C • a/JA7tC OF �'1J44 {weaarw i. to j10 Signature of miners must be notarised. Atteeh t:ha appropriate acknovledgnant. _ I oertlfy on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council saVkingv of �tha foregoing Irrevocable offer of Dedication and consante to recordation thereof by its duly authorised officer. Date: iL/3 -Qo By: "� -" WARREN H. SKATER, Vity Manager City of Encinitas r�o iw u' TICOR TITLE INSURANCE (IMwridad) STATE OF CAUWR IAA /MO 1 ODUMY OF 1_ r (,?"Yo b,%m ee, dw o.dmwped. a Natvy Nelit le On wid Su, Pomm -uy tPP� oOA C`"' Llow _ i�uVf Il11Wn b Tf R po.ad to me M t he heen of gttele ry evidewr to be � do ,,e.we_ chose ume IS —bciMJ to de mths dttrumtnt and sdtrowledrrd tlts, h G ea rated dl st,m,, MrTNE&S my Yu1d Ud dFAid ML tr 64Y—K stet. NANCY Kii011Clt oa/•• 2129 STATE OF CALIFORNIA ) ) es. COUNTY Of SAN DIEGO ) on this 6th day of September, 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared CHRISTOPRER a. LLOYD, personally known to me or proved to me on the basis of satisfactory evidence to be the Executor of the Estate of MARGARITA E. LLOYD, deceased, personally knows to me or proved to me on the basis of eatisfactory evidence to be the pareco who executed the within instrument on behalf of said •&toter and acknowl•dced to m h o zsuant L2 an order of the Superior Court R t e rate o�Ca caiii rn i n an or t • ounty cc ■■ Case No. 15975, CHRISTOPRER S. LLOYD signed and executed the within Instrument on behalf of said estate. WITNESS ry hand and official seal. NANCY RDLICKC1+rCu Notary PujnIc Fa_,rwM.� Y EXHIBIT 'A' PACE I OF E THE LAND REFIRRED TO HEREIN IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF SAN D1RGO, STATE OF CALIFORNIA, AND 13 DESCRIBRO AS FDLLOW93 PARCEL 13 ALL THAT PORTION OF LDT 18 OF THE SUBDIVISION OF RANCHO DE LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY F SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO YAP THEREOF NO. 848, FILED IN THE OFFICE 27, Y1966, DESCRIBED AS FOLLOWS, BEGINNING AT THE BOUTHWE97 CORNER OF SAID LOT 1X1 THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 16, 686.79 FEET; THENCE NORTH 2'26'18' HEST, 1208.61 FEET TO THE SOUTH LINE or TRAT 20.00 FOOT PIPELINE EASEMENT GRANTED TO -- - -- - -- - �171YENRATN- YDNiCtPALrOATE'1t- DI'STit +OTT- -0EOORO SDI LLY- �J. —iSS1 __1jC__ - -- FILE NO. 77- 290691 OP OFFICIAL RECORDS Of SAID SAN DIEGO COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PIPELINE EASEMENT, SOUTH S6' 41' 46' EAST 291.56 FRET I NORTH 97' 13' 42' EAST 931.06 FEET; SOUTH 94' 94' 36' EAST 172.00 FEETI AND NORTH 69' OB' 01' EAST 291.48 FEET TO THE CENTER LINE OF COUNTY ROAD SURVEY N0- 664, THE THE OFFICE OF SAID COUNTY RECORDER ON AUGUST la, 1992, BEING A POINT ON THE ARC OF A NON - TANGENT 670.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTIRLY A RADIAL LINE OF WHICH SEARS NORTH 87' 43' 84' EAST; THENCE LEAVING THE BOUNDARY OF SAID PIPELINE EASEMENT AND CONTINUING NORTH ALONG THE CENTER LINE OF SAID ROAD SURVEY THROUGH A CENTRAL ANGLE Of 3' 2T' 98' A DISTANCE OP 34.47 FEET( THENCE TANGENT TO SAID CURVE NORTH 26' 44' 16' WEST 175.38 FEET TO THE BEGINNING OF A TAIIGENT 560.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23' 18' 43' A DISTANCE OF 142.40 FEET ; THENCE TANGENT TO SAID CURVE NORTH E 16' 36' NEST 108.39 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE EASTERLY ; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1' 40' 44' A DISTANCE OF 49.89 FEET; THENCE TANGENT TO SAID CURVE NORTH 6' 19' 09' BAST 219.25 FEET TO THE BEOININNING OF A TANGENT 390.00 FOOT RADIUS CURVE CONCAVE WESTERLY I THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE Of 13' 16' 19' A DISTANCE OF 10.23 FEET; THENCE TANGENT NORTH T' 00' 12' HEST 44.89 FRET TO THE BEGINNING OF A NON- TANGENT 140.00 FOOT RADIUS CURVE CONCAVE EASTERLY , A RADIAL LINE OF WHICH BEARS SOUTH 82' 59' 61' WEST ; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28' 04' 47' A DISTANCE OP 68.61 FEET; THENCE TO THE NORTH LINE F OSAID LOT NORTH SOUTH 66. 6844, FEET WEST ALONG THE NORTH LINE OF SAID LOT 16, 2296.28 FEET TO THE NORTHWEST CORNER 1��922.54 FEET STOTTHE, WEST E AND THE POINT OF BEOINNING. PAGE 1 OF 2 EMBIT'A' ICON'DI PAGE I OF 8 PARCEL It ?131 ALL THAT PORTION OF LOT 16 OF THE SUED VISION OF RANCHO DE LAS ENCINITAS, IN THE CITY OF ENCINITASI COUNTY OF-SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO YAP THEREOF NO. 841, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEOO COUNTY, STATE OF CALIFORNIA, JUNE IT, 1668, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 181 THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 16, 688.71 FEET I THENCE NORTH E' 26'19' HEST, 476.07 FSETI THENCE NORTH 87' 74' S1' EAST, 868.01 PENT TO THE TRUE POINT Of BEOINNIN(Ii THENCE SOUTH ST' 34' S1' WEST 810.0E FEET I THENCE P OOT PIPILIN[ IASBIGINT ORANTBO TO OLIVBNHAIN WNICIPAL BATBR DISTRICT, RECORDED JULY 16, 1877 AS FILE NO. 17- 188681 OF OFFICIAL RECORDS or SAID SAN DIE00 COUNTY: THENCE ALONG THE BOUT, LINE OF SAID PIPELINE EASEMENT, SOUTH IS' 48' 46' BAST 581.66 VERY I NORTH AND NORTH 88' 08' 08' LAST 181.48 FEET TO THE CENTER LINE OF COUNTY ROAD SURVEY NO. 664, MONI JACK ROAD) AS SHOWN ON RECORD OF SURVEY NO, 6086, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON AUGUST 14, 1801, BEING A POINT ON THE ARC OF A NON - TANGENT 670.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE OF WHICH PIPELINE EASEMENT , AND CONTINUING SOUTH ALONG THE CENTER LINE OF SAID ROAD SURVEY TO IT'S INTERSECTION WITH A LINE THAT SEARS NORTH 71' 11' 14 ' EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH T1' 11' 14' WEST TO THE TRUE POINT OF BEGINNING. IND ATTACHMENT A - PAGH 1 OF 1 ..y �wwn < . Z13Z KIMIT roe This Irrsvooabla Offer of Dedication shall be rsviewad by the City Council for acceptance f he fol laf�I 1 property in conjunction with subaogueent subdivini �iAnd 2. The creation of a road link to Rancho Banta Fs Read frog Carlsbad which is accessible to the subject property; Ond 3. The erestion of newly created lots on the real property W--- �,y_60mmayy.,..,, .. iow_yt- zee -OV which na�le �_ will need to have access rights over the street shown as "A" Street on 87 -041 TN. Additionally, the Council shall also find that the acceptance will - net -4se the _gtated -;oale and ooliciq!- of - thy_ General plan in effect at the tins Of the review. All that portion of Lot 16 of the SUBDIVISIOH or RANCHO DE LAB ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OT SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO NAP THSRE01 00. 648, rILED IN THE OFFICE as -= . n.r„onre nr Alm mean en nrrv. Ir ATE OF CALITO IA,JUNE 27, 1998, DESCRIBED AS FOX1DVS: Beginning at the southwest corner of said Lot 16; thancs Easterly along the South line of said Lot 16, 696.78 fast; thence North 2*251190 Meet, 1208.51 feat to the South line of that 30.00 foot pipeline Municipal Water Distri easement ct, ra recorded July 25 granted 1977 am FiilleNO- 77- 296591 of official Records of said Ban Diego County; hence along the South line of said pipeline sasagant, South SBs 46' 450 East, 281.55 Lest; North 67. 13' 42" East, 931.86 fast; South B4054'38" East, 178.00 fast; and North 690 08' 08" East, 291.49 feet to the centerline of County Road Survey No. 554, f �Ce co on filed in the office of • dounty Recorder August 196, being ■ point on the arc of a non - tangent 670.00 foot radius curve concave southwesterly, a radial line of which bears North 670 43' 39" East, said point being the 7M POINT BL AEGTNNING; thence South 690 08' 08" West, 666.16 feet; thence Westerly along a tangent 970.00 foot radius curve concave Northerly through a central angle of 320 06' 29" a distance of 543.58 feet; thence tangent North 760 45' 23" Nut 606.48 fast; thence Nestorly along a tangent 380.00 foot radius curve concave Southerly through a central angle of 130 49' 33" a distance of 91.70 foot; hence tangent South 670 25' 04" Mast 474.76 f"t; thence south 03' 07' 1' East, 60.00 feet; thence Worth 97a 251 04 Zest 474.19 foot, ; thence Sasterly along & tangent 320.00 foot radius curve concave southerly through a TY/03/012- 1475WP5 (3- 9 -90 -1) i Z i. i� • SUBORDINATION AORLEKENT 2131 Whereas, those parties concerned, desire to have the Dead of Trust recorded M -30--10 as file /page No, 9a- 474460 subordinated to Irrevocable offer to Dedionts Real 7ropert}} Tor public 1/11 Required As condition of Approval Of -r ?l -�4t (-DOCUMENT- hereinafter) i Nov, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY OA TRUSTEE hereby valves the priority of said Dead of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been •xaeutsd i -- z DATED BLNEPI CZARY OA TR STLL -- - --- - - -- Title: JJtlo.— e Signature of BENEYICIARY or trustee to be notarised. Attach the appropriate acknowledgement. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on July 27, 1987 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly rau�thorized officer. �^- Data 1- 2o-i( By , 4 1 WARREN H. SHAFER, ty Manager v City of Encinitas .,i •� TF /03 /COVI -95wp5 )6- 1] -89) S E: ra 1 •_ i 4.4 ysdT.'. L.< dv�s;%wli�+Y.+'e. a .o- s"et<'7. +i• r+^'� _ _. , :• .. � - - - - - -- - . - - =- - - -- :nso�Dixarm� �mo�naAS _ ZI 36 whereas, those parties concerned, desire to have the Deed of Trust recorded PO-30-70 e■ file /page No. ._92- 474490 subordinated to Irrevocab • Offer to Dedicate Real property For Public R/e Required he candition of Approval Of -fiw e7 -n41 ('DOCUMENT" hereinafter)r Nov, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. ��//�� � p J' 2- 1 S -11 19') 4 . �G�c.CCe.J DATED BENEFICIARY OR TRUSTEE Title: 47" A-- Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. IPA I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted or: July 17, 1987 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Data 3 - 'fa -41 By WARREN H. H. SHAFER, City Ma nager City of Encinitas 7 �� TF /01 /C0V1 -95wp5 (6- 11 -89) S �jfrt �y(yr t 62r l ,.a3 4 - _ 1.9 '� ��.c t �.w+a � '+! ° -Y ^ate er x:i`r..n.... „yyy�,.�y♦,.r. w �SY n � T� 3 _Y -er t6 C t 62r l ,.a3 4 - _ 1.9 '� ��.c t �.w+a � '+! ° -Y ^ate er x:i`r..n.... „yyy�,.�y♦,.r. /U:ORMATIOR Auzz"NT 2138 whereas, ihoas patties concerned, desire to have the Dead of Trust recorded I@•JO-10 as file /paga No. - q0- 474180 subordinated to Zrrevooab a Offar to Dedlaats Real Property for Public R/T Required As condition of ipproval Of rw d7 -x341 ("DOCUMENT- hereinafter) r Now, therefore, for valuable Consideration, the receipt of which is hereby acknowledged the undersigned BENEFICIARY OR TRUSTEE hereby vaives the priority of said Dead of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Dead of Trustf DATED �1ENEFICIARY OR TRUST E By- Title: Signature of BENEFICIARY or trustee to be notarised. Attach the F 1 Aj TF /03/COVI -95wp5 (6 -n -s9) 5 I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on July 27, 1987 that the City of Encinitas consents to the Raking of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Date 3 •"i,J -4 i B,-. WARREN H. SHAFER, Vity Manager City of Encinitas i .,i TF /03/COVI -95wp5 (6 -n -s9) 5 i R f I 1 f f s t, t � f 1 T: ;. Whereas, those parties concerned, desire to have the Deed of Trust recorded 66-30-7 ■■ file /papa No. _go go- _ subordinated to Irrevocable offer to Dedioats Real 7repeltly ror Public R/R Required As Condition of Ayproval of TM R7 -fir (DOCUMENT' hereinafter); Nov, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. —2 c4t clawY R =�ww•m By: Title: ���— -- Signature of BENEFICIARY or trustee to be notarised. Attach the I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on July Z7, 1987 that the City of Encinitas consents to the asking of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. oats By G.iw� 44 WARREN H. SHAFER, My Manager City of Encinitas SF /01 /COV1 -95wpS (6- 11 -89) S l Y` 1 * •. ?, y�,� '. '� '�'� -'fie' cr•.e� !"�lrt'.�`.i?!'i�•_�•a 1 y -. `�'.a Y' ti3,:,t�tST�'. � � F .' y+a �Y"y.Y3a i��H��'d+�c''.:< � ��ar,,,� 1. ��s- .� t `r. `r•��S"['f „+� s+�'. .3.�'!.r`Nlf.,.x.��}•hVklnr.�w sM': :tx.cq'1.�•yri:�•61�tYr'�Tr,"1 �.A4hi'T'^�§4'+ �'�aF,.RS-afR•. a-iT "�..�,•- +.�.. +T...`s` i . 4 e 1 i J i 1 l Y` 1 * •. ?, y�,� '. '� '�'� -'fie' cr•.e� !"�lrt'.�`.i?!'i�•_�•a 1 y -. `�'.a Y' ti3,:,t�tST�'. � � F .' y+a �Y"y.Y3a i��H��'d+�c''.:< � ��ar,,,� 1. ��s- .� t `r. `r•��S"['f „+� s+�'. .3.�'!.r`Nlf.,.x.��}•hVklnr.�w sM': :tx.cq'1.�•yri:�•61�tYr'�Tr,"1 �.A4hi'T'^�§4'+ �'�aF,.RS-afR•. a-iT "�..�,•- +.�.. +T...`s` • SUBORDINRSION AGRinRNT 2142 Whereas, those parties concerned, desire to have the Deed of Trust I recorded 06•]b -90 as file /peQe No. 10- 474I90 subordinated to Zrrevoeabls Offer to Dedicate Steal Property For public R/T ROQUired As Condition of Approval Of 7M e7 -041 (-DOCUMENT- hereinafter) I Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE hereby waives the priority of said Dead of Trust in favor of said DOCUNLNT to the same extent as if said DOCUMENT had been executed prior to said Dead of Trust. n,�p DATED L TICIARY OR TRUSTEE By: i Signature of BENEFICIARY or trustee ®® appropriate seknowladgament. Fi IVIDUAL A0KNOWLa00ee9I1T erstl Cpo? -,fa,aN /4 OnerM /S-o"of Fla ✓wRy ra_9L Daow rrw, ournq d S to wdw*vw Noter P ek. Gaevvl/ so.aed fyd /!N NR NaLFfL pw(rel YY L) 0"'WV rlrwwrr brie ® a•w ^•`u,•`i°t p{pu,ad tom on to bma of neelscrry/.h*rca ww, raur .rue !� ' ►fur ono tarn* mhrrwpeony.)'m rwre(.) /S aaenareber ��,•,_.__�,.,a•ad.4rwe weMtlwln/rM,Wadmwrledpetleu sn` .aurae_ YVrtIE.Sa ra//ana ad olaoiY aea Cam•. / -�_ %�.� -�-r mows Sp+n � ITIenl0rgtlR.: NnP r.arwen orwree•D•rrbal � or..+r rW awrr, r sr awrr r awrarwa Taralrpe dDOO..ae 'S�f-- .L_"�' o a BE wwataw. �1 o.rd^ - Fz/,flf, (S-1 1 g ro nE OociaRN pC93cBE0 arecen 97art4 an,. n,.n rr,n.e aw,. / • yrprLL,paw.reOWpew ti�ti -low rr.Oyw�.a wr.tr 254 FEB 3.991 mmaom ■soar a Fran aanraar tmt m 17 e 8 iftli 41 t u:3 uEF.° 5 rT iEE RECORDING REQUESTED BY AND E:: EWuk bK t: Ekta6; Egst f iEC i4k _ WHEN RECORDED MAIL TO: Eft j..t.; FEE:, Barrett American Incorpotezd Nr :•µ ob Latham A Wukim 701 -r Street, Utc 2100 San Diego, California 92101 Alin: Virginia D. RAIM E'a9, EP L 2 1997 AI N: 264.240-01 This Agmeemenl dna not grant. m coign, uamfer, tram y or .car tilk In real property within Ne meaning of Sectlon 11911 of the rellfornla Revenue and Tuatim Cade, and hens The real properly le looted In the City of Encinitas In the Csaunty of San D'Ogc, State of Callfornis. �IIFFt.,Fh FOA CQVENA_tJTS RUNNING Wml THEIAhm THIS AGREEMENT FOR COVENANTS RUNNING WITH THE LAND it entered into m of Februery $ 1991, by and between BARRATT AMERICAN INCORPORATED ('Brandt' and CHRISTOPIIER S. LLOYD (- Resident'). A Bartell is the owner Df a large tact of real property in the City of Eminent. Caliromis (the 'City) within Tentative MOP No. 4400 (the "Tenlatii Mmpfikvlath described in de eimpment of Iota for appros(mately 78 single fmmify raiderrn. Pa Exhibit *A' attadied hereto (the 'Barrett Propert)f'} R Rmidem is the ovmer of mrtain neighboring real pnrperty, {crated on Lmc Jack Road, more particularly dacrbed in Exhibit 'B' attached hereto (,be 'Resident Propertj). upon the C Hama r primly In the process of preparing, the final me ptha�prtnese nt Tentative Map (Line 'Final MOP -). As part of that effort, Barrett hasp p plane for Lone Lack Road. dewing number 9030 R. dated January 2& 1991 (the'Improvenastl Plano -), and the corotrucrien pisro fax Lone Jack Road. Including piano fray a dttnur road (lie and he Detour Road and tGonstruuion Plano have January 2111, dcfl�rvuedgto Resident by harrati. D. Detroit and Rotden desire Darren to improve Imwill" of Lime Jack RmJ and porlioro or the Resident Pmperty based upon the heprovcmcnl Plano, and for Bans" in build and maintain a temporary detour road to be used during impn.vemcnt of lone Jack Mad, based upon the Detour Road and Contruction Plane. E Barns and Raident desire to place this Agrocmenl of rexord and Provide that this Agrouaent shall run with and bird the Resident Property and the Barndl Property. this Agr= The parties "llsowledge that the acts required tan a intended omaatiafytthe 10 theem Prove end of the Resident Property, and that this Agree Smilon 1468 or the California Civil Code. NOW. THEREFORE lorgood e� volulb4c consideration' the remipt of dich is hereby aekno ekdged. Barratt and Resident ear« r Idbva: 1. p11. Barrett sha0 grade the Lone Jack R(IWJ culvert outlet tan the Resident Property In subrtantisl conformaroe with the Improvement Plana in older to pravlde proper drainage from the eolvert to the existing Mw.line of the culvert downstream drainage muse- Barrati shell line s portion t>( the ahem outlet vhehtrn rove rounded awn on sheet S of the Lmprowrnent Plana. Resident hereby appmvea This doWnwrt is belnp recorded Ill? First Amwlnn Title Ireurance Co. m on mcommodstlon only. h hay rte 112117nt bear �t,y,W.r..trurwmttwvt teaws.mas been examined as to aaacurrm a Impact oar tole. all t ,_COMODATION ONLY CT a fe 1789 2. Detour Road. in order to amnplete arts hnpaavements on Lane Jack Rod, subject to the appronnu of all responsihle jwernrncnl entities, Barrett shall hulld and maintalo a detour rod (the *Detour Roan in a bation appommulely to shown on the Detour Road and Coratrueton Plan, along with a temporary face along its western sale. Resident hereby spprmes the Detour Road and fbratluctlon Pets. Baran shalt ghe Residem thirty (30) days' written notice of Its Intention to commertoe comwetion on The Resident Property. After completing the Detour Rod, Barran shall eomme:rce construction of the late Jack Road improvemcva raccealtsting the Detour Rod (the 'lane Jack Road .Improvements') and shall diligently pursue the same to completion. Barrett shalose reasonable commercial efforts to complete the Lam Jack Rod Improvements within ninety (90) dayg after the commencement of eominu ion on the Resident Pmpeny. Afterthe completion of saki Lonc Jack Road Improvertmeats, Baffall Mall remove the Detour Roadand all lemlnrary fcadng and regnde the portion of the Resident Property affected by the coermctkm of the Detour Road suhstantlally to Its previous grading. Barrett shell complete said Low Jack Road Impmvomen4 Detour Rod removal and regrading within one hundred eighty (100) der after the commencement of construction on the Resident Property. As ued in This Agreement, the term 'comnxncemem of construction on the Resident Property^ shall seen the mmmcncemmt of actual ronstnrdion on the Resident Property, which shall be no earlier than shiny (30) dap after Resident's receipt of Barrett's notice under this paragraph. 3. Pivmacnt to Resident. Ace additional cram *Ideation for the rights pentad herein by Resident to &matt Barrett Mail dchvcr to Resident the am of Twelve Thousand Dollars (SIUM.00) on the earlier of March Q 1991, or Baffelt'sgiving the notice of commencement of construction on [be Resident Properly called for under Paragraph 2 hereof. In the event Bamstt fail, to deliver to Resident the rum of Taehe Thousand Dollars (S 12,000.00) on or before Mach 8, 1991, this Agreement shall hoe no further force sad effect. and aria March B, 1991, at the request of Resident, Resident's samraey, Charles Marren III, shall race Bamtt's Quitclaim Deed described in Paragraph 19 d this AgreemenL 4 Plant Ratoralion. The replacement of tree and plants will be performed by Pacific Southwest Biological Services IM., under the diicclionor the City and puraamt In that certain Miligalion and Monitoring Plan, dated October 19, IWO (the 'Mitigation f n'). Barrett shall be responsble for paying for all such mtmration won, including the mainknancc of the replaced plant material for sea (6) earths to required in tic Mitigation Plan. S. J=. Baron shall not remove any existinl nature trees on the Resident Property to the west of lane Jrk Road and north of de Lane Jack Road alvcrt accept as shown on the hnpronement Plana Barrett shall protea certain trees by Insukmg temporary fences around then prior to any construction in their sinily, r shown on the Dclour Road and Construction Plea. Q Rat Fcv . Barrett shall rename the e:'sli% wmoden force which runs along lane Jock Road on the Resident lemperly, oral rekxate uW fence or build a ne, fence of similar sire and quality to the wet of the location of the emistig fence, appmaimlely, in the location shown on the Improvement Plana, which location is alongthe western boundary of or bnmcdiately within the Lane Lek Road ereracnt. 7. Rock F . Barrett shall basal rock or aimipted rock facing o t the aide d the Lone Jack Road bridge facing the Resident Property. IL );jtenQgyl. Bamatl shall have the right to eaer onto the Resident Properly for the purposes of irtallinj any of the impronemaits eatemplatod by this Agreement until the completion c4 its obligations In Puagtvphs 2 hrough 7 hereof, and for the purposes or any acts reasonably incident thereto, within the podia of the Resident Prupe ny between and includin j late Jack Road and the westerly constructors limit sc identified on, the Detour Road and Constmet" Plate. 9. Utility Injure nx At all time during Bamtl's ersnstruelfon of improvements on the Resident Pmperty, Bamll shall maintain a cnprehasive general liability iruurance policy in an amount at less than 51,000,000 per permn per occurrence for bodily injury, with an agrcjale snit not less than 115,000,000. Barrett aid come Christopher seM \rarVrrrate Nra inter \I WA -W s all 3r01eaa 1790 Lloyd, indlvidualy and as eautor of the Estate of Marguerite Z Lloyd, a raddhlonu Insurm urda such Insurance Policy. 10. Indemnity. To the fullest event permutted by Inv. Barran shall defend. Indemnify end boll Rak eel harmYas sgalml and from any and all Babllltles and dainty arising from Bacon's tale of the Raldent PropcM fa the conduct of Its sctivitla described In this Agreement, OF from such Winn and liabilities arialng from any activity, work an (Aber Ihinp done, permined or suffered by Barrett, Its agents err employee{ &thing from the conducting of its aalvitia described In this Agreement. In or about the Resident Property, and shall further indemnify and hold Resident harmlesa against and from any and all liabilgha and claims erisiy from any breach or default In the performance of any obligalios on Banatt's pan to be performed under the terms of this Agreement, or arising from any act or negligence of Barran, or any officer, agent, employee, plat, invites a subcontractor of Rattail, in the nest of the Raide li Property for the conduct of the actldiles described In the Agretrocnt, and from elf and against all mss, attormys' fees, expenses and liabilities hacmtred In or about any such ctaln or arty action or proceed inj brought thereon. If a" ease, action, claim OF proceeding be brought OF asserted Against Resident a If Resident becomes aware of any fact which it reasonably, benew s may gi a rise to such a claim, It shall promptly give notice to Barrett. Barrett, upon such notice from Res Went, shall have the right to elect In lake control of the defense acct imestiga(ion of such lawsult or action and any appeal &thing therefrom and defend the same at Bartan's expense by counsel of Barrut's choice. If Barrett does not cad to control the defense of any such claim. (hen Resident may do an with counsel of is choice, acct in such sae. Barrett's obligalbn to Indemnify Resident shall Include reasonable attorneys' fm and imtatigation costs, and all other ressnnsbie cats, expenses and liabilities from the first notice that any claim or demand is to be made or may be male Barn0, a a material pan of The consideration to Resident and as between Resident and Barrett. hereby anuma all risk tf damage to personal property or Injury to persons in, upon or about the Resident Property (roan My once other than negligence or Willful acts of Resident, or its designated Alienist, aervenu or employees. Barred hereby waives all claim in nes Part thereof apinst Resident. 11 Mahanic'a fleet. Barran shall keep the Resident Property free from, and held Resident harmless from and indemnify Resident against. all mahouts OF matedalmen's liens arising from the construtioa of the improvements on the Resident Property or the construction or removal of the Detour Road by Banatt. Barett'i responsibility to keep the Resident Property free from such claims and to hold Resident harmless and indemnify Resident against such mechanics and malenaimen'a liens shall include any cress, expenses, losses, attorneys fm and liabilities incurred or mbsianlisted by Resident as a result of Banatl's activi(ia on the Resident Property. Barrett shall pat nolices of nonrapwullotity fa the benefit of Resident at least ten (10) days prior to the commencealent of Barren's coruttuclsoo on the Resident Property. 12 C8 rcrifip Barrel[ and Resident hereby agree b cooperate with each other by taking such Action so may be reasonably necessary to perform Their Obligations Maunder and to erreciuste the Intent or the Parties Ace c Wcnced in this Apeeraent. Resider and Banal egret to cooperate with each other and not lake arty Actin which vwuld delay, defeat, or fncreaae the coat of construction of imprrnementa an the Resident Property or Lom lack Road, including, but non limited to, permits or appronab required for the improvement of the Raident Property and Lane Jack Rawd contemplated by the Agreement. Such cooperation shall include, but nol be limited to, the eaccuLion of all documents, instruments and mien of corsent reasonably required a appropriate for Bart ell's CMINdon or improvements on the Resident Property and Lore lack Road, and arty documents needed In efratuale any quitclaim described In Paragraphs 18 and 19 hereor. Such cooperation shall be given All expediently as reasonably possible. 13. Condition to Barren's and Resident's Oblientaru. All of Barrut'a and Raident's obligations hereunder arc conditioned upon The recordation of the Fetal Map And the approval of an responsible public agencies and pubic and private Militia. 14. Force Maleunt The n,e- nircrice of arty of the following events shall eacwe any obligations of Barrett hereunder which arc thereby tendered impassible or reasonably Impractical, for so long a such event continues, and shall comparably extend any due due for Bartatt's performance of any obligation hereunder. strikes, lockouts, labor dhpules; acts of God; inability to obtain labor, materials to reasonable submitula therefor, gmem scnul mirictiona, moratoria, mguletios or controls. or the failure of any governmental agency or public or private utility to fuse oppro"Li or permits; judicial orders; enemy or hostile srmalvwrWarrar\aa InIt"%I Iavds.yt J a'w/91 ]lads 1791 gnvernmenlal action; civlt commothn; fire, flood or other casualty, sets by Resident which delay or Interfere with Bar etl's performance hereunder, or other causes beyond the reasonable control of Banall. 15. IIII I of Fisertce. Time Y of the essence of this Agreement. Ii S9crablI1tJ. In the event that any Term or provision herein is held to be Invalid, void or otherwise unenforceable by any nun of wirpetent jurisdiction,. the fact that such term or provision Is Invalid, void or otherwse unenforcesble shall in no way effect the validity or enfonrabflity, or any other term or provision herein, 17. Run With Lard. The Resident Property and the Barrel[ Properly shall be held, conveyed. hypothecated, encumbered. leaved, used, eve pled and lmpruvcd subject to the covenants set forth in this Agroemcni, which ocoenants shall run with the Resident Properly and [be BMW Property and each pan thereof, and shall he binding upem and Inure to the benefit, rapedively, of each person or entity having any Interest in [be Resident Properly or the Barret Property during their ownership thereof. Notwithstanding the foregoing, the Obligations of Barret hereunder shall not be binding upon any m inher of the hornebuying public who purcMaa a lot or resldcam on the Barrett Properly, although the eo enants of Resident act lath in this Agranrent shall inure to the benefit of, and shall be enforceable by, each such purchaser. Except as so limited, the leans 'Buratt' and'Raident' shall include their respective heirs, successors and asa:gn. I& Limitation on Individuaf Lot Soles to Public. Barran shall rent sell or i safer an sggregate of more then filly percent (50%) of the buildable lots within the Tentative Map to members of the homebuyina public prior to the completion of its obligation under Paragraphs 2 through 7 hereof without the written consent of Resident, Upon request by Barrett for any such permitted isle, Resident shall execute and dclivor to the escrow holder ■ quilchsim of its Interests herein with respect to the lot being mold by Barrett Notwithstanding the foregoing, there shall be no restriction on BarcSICS right to sell the Barnett Property in its entirely to a single purchaser, in which cue the covenants herein shall run with the land pursuant to Paragraph 17 hereof. 19. Termination. This Agreement shall automatically terminue upon Barrett', complelion of its obligation pursuant to Paragraph& 2 through 7 hereof. Thereaflcr, upon request by either Party, the other party shall ar0cule and deliver to the rcquoling party, within thirly (30) days after said request, a quitclaim of its interests hereunder, or any other document reasonably requested to clear title of this Agreement Concurrently with the execution of this Agrecnlerlh Barrel shall execute and deliver such a quilefaim to Resident's cnuscl, Charles Marvin III, Esq.. to be Meld in trust with intrucfom that it may be recorded upon request by Resicicm, but in no event earlier than six (6) month after Bamlt's commencement of coratnsction on the Resident Property. 9 fro 20. ARBITRATION OF D1213 PS ANY DISPUTE OR CLAIM IN LAW OR EQUITY ARISING OUT OF THIS AGREEMENT OR ANY RESULTING TRANSACTION SHALL BE DECIDED BY NEUTRAL. BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND NOT BY COURT ACI70N EXCEPT AS PROVIDED BY CALIFORNIA LAW FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS JUDOKaa UPON THE AWARD RENDERED BY THE ARBIIRATDR(S) MAY BE F]MMM IN ANY COURT HAVING JURISDICTION THEREOF. Nana. BY INITIAL uND IN THE SPACE BELOW YOU ARE ACIPLEMO TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEI)TRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RLOH'IS YOU MIGHT PQCSISS 70 HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL BY INITTALIJNO IN TILE SPACE BELOW YOU ARE GTVINO UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY /Na UrDED IN THE 'ARBITRATION OF DTSPU "ES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AF77-i AGREEING TO THIS PROVISION, YOU MAY BE COMPE1 r cn 10 ARBITRATE r� \b \awatl \�clnit� \I layal.gl 4 "T/al s�a>a. 1792 UNDER THE AUTHORITY OF THE CAUFORNU CODE OF CIVIL PROCEDURE YOUR AORIIDh TO TIM ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FORBOODIO AND AGREE TO SUBMTr DISPUIE9 ARMING OUr OF THE MATTERS INCLUDED W THE *ARBITRATION OF DISPUTIW PROVISION TO NEUTRAL ARBITRATION. (.L. con) (Residenq 21. I(. of . Any notice to be Alen hereunder by either party to the other shall be gbvn in writing by fscnonal delivery or by flnttlan, mgislcmd or ocnlfied mail, and shall be deemed communlcatod as of the date of personal delivery or three (3) dap after the date of ma!ling. Milled notices shall be addreued an set forth below, but each party may change the address set forth below by wrlltes notce to the dhu party in accords l with this paragraph. To Resident: Mr. Christopher S, Lktd 3613 Fortuna Ranch Rob Encanllr. 011fortris 92OU copy to: Marvin • Moore, A.P.0 515 Eiicinitu Boulevard Suite 200 Encinitas, CA 92021 Alin: Charles Marvin III, Eaq. To Barrett: Barrett American Incorporated 13373 lnnovation Drive, Suite 300 San Diego, Califomia 92128 Alin: Mr. Michael Rut copy to: Latham & Watkins 701 W Slrat, Suite 2100 San Diego. California 92121 Mtn: Virginia D. Estes, Ego. 22 Rcnroentrd by CounKI Resident and Barrett each rcproenu and warrants that It has been advised by counsel throughout the negotiation of this Agrccment, and has beer, fully and competently advised of its rights and ohiigatiats hereunder. 23. Altornevi Fees. Barns dull reimburse Resident for its reuonabic altoeney's rare actually incurred in negotiating and reviewing this Agreemertt, up to a limit of 53.186.65. 2A Fees and Costs. If either party commences arbitration or litigation for the interpretation or enforcement hereof or for damages for the breach hcreof. the prevailing parry shall be "titled to Its reaaonablc arbitration mats, attorneys feu arid other foes and mats Incurred. ed"l %twrnitV lour t"M layes.eal 31 tw?m session F 1793 u. pk. Tbil Agrmment may be I uted in m ntrxparta, when counterpane aipned Iry each of the por in taken topclher •hall eomtltute ■ alngk binding Agreement between the panka. IN WITNESS WHEREOF, this Agmanent has been aauted by the parties in the State of Gllfomla, as of the date lint set forth oboe. 'BARRATf Bamatt American Inoorponted, a Delaware oorpnntion rlar, 1 Mjehnl Setting Vice ►m kknt 'RESIDENT Chmtophcr �Lkyd . i" aaKa �.� Uar ra r a bane i M t a\ 141016 • eat ofntnt Saba ■rI 7 lr� 1791 c•• +O. rwwrat 10 "" CA In -M STATF. Of' CAI.IPORNIA COUNTY OP SAN DIEGO Ot FEBRUARY 21 1991 lelp Ntl Srtu, pnwtJly rppurN "m knewrr to tr w po.td to rrro at the bola wf urh(uruy e.were to be 1hr K^on arht eamled IM d1 Nn kavun[n1 Al the W r V!~ hrodrm. moa0000mra000mro a�ms000vas of thr Crponrbn 1Mr veertrd rhr vhklt hnrvmrm am adao�led0ed to ore tho serf, enr{{1ourkn ... [nerd the "hln low,v moral puNl owl to ito by u" or a reoolwirt N Re bt.w of /ireelwn. •RNESS rwr ♦nd aw/ olf�it /'rl a1,J. SyrlaN Patricia L. Bevil CAI NO w l r TO 1 W CI U —NI rrrr --P711111 0 TICOR TITLE INSURANCE the odermpned, a Nuuty, Ptbh, to and for Of►ICIA'. SEAL 11 PAMILIA L BEVIL "l ti lyb[ [ e:.: AEI IhL,t iIM41n�n III: 1,U VAMTY LIe Ca E•t his, ]S, 1502 Irnh yr Ir wNlew wmw dl ® TICOR TITLE INSURANCE STATEOr( LUPORNIA COWTV 01 _S� I CF } Of br.a4 d rr9� loci, we. the MrW rynrd. a "city roblie i. nd fw, uM Surt, prrannlly tepee rtd Qti1B 5, d err .Uy knelrn to nor to ",d In rr on the huio of ulofh[tory coWence to be tle prron_ w " Larne LB wburibed a the ooh Nin be,ssomm old ackuoor(edied tMi Jr sar mod de rote. WITNESS Dray Food ad nfb[il erJ. SlRnaarr OPIt C1At fs.. NANCY KEiOLICK rn we sr troy a��•r RK .era lar wlkw �reehrt r0 fee l 1795 EUIBrr *A' htImis 1 throu{h 4 of Parcel Map 9136, remrdal in the ORklH Records of the County Reoordct of San Mso County on September 20. 1979. .dut.drNr. at IN" rnt trll tMt.yt MlBrr *A* NUMM 1t7%m T 1796 EXHIBIT'S' THR LAND RtPEIIRKD TO HEREIN 16 t1TUAT111) IN THt OTATR OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF ENCINITAB, AND IB DIBCRIAED All FOLLIIINI ALL THAT PORTION OF LOT 11, OF THE 9UIDIVIBION OF RANCHO DE LAB S:NCINITAS. IN THE CITY OF ENrINITAB, COUNTY OF SAN DIEGO, STATE OF 0ALIFORNIA, ACCORDING TO NAP TNERF.CF N0. 1149, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN 011100 rVUiTY, STATE OV CALIFORNIA, JUNK 27, 1095, DESCRIBED A0 FOLLOWS: BE9INNIN0 AT THE SOUTHWEST CORNER OF BALD LOT 161 THENCE EASTERLY ALONG THE SOUTH LANE OF SAID LOT 16, 696.75 FEET 4"CORD 676.66 FEET11 THENCE 1109TH 2-z5,19- NEST (RECORD NORT)1 2125109" NEST) 1208.51 FEET TO THE SOUTH LINE OF THAT 30.00 FOOT FIPBLINE EAREMENT GRANTED TO OLIVENNAIN MUNICIPAL WATER VIBTRICT, RECOIIDKD .JULY 23, IY77 AS FILE NO. 77- 296991 OF OPFICIAL RECURUI (!F SAID BAN DIEUO COUNTYI THENCE ALONG THE SOUTH LINE OF SAID PIPELINR EASEPII ;NT, EUVTH 00'46145" EAST 281.57 FEET( NORTH 67.1:7'42" EAST 931.86 FKGT1 SOUTH 04.54'3U" EAFI 178.00 FEET; ANT) NORTH 69'0S'0O" FART 291.49 FEET TO THE CENTER LINE. OF COUNTY ROAD SURVEY NO. 534 (LONE JACK ROAD) AS SHOWN ON RECORD OF SURVEY NAP N0. 6089, FILED IN THE OFFICE OF SAID COUNTY RECORDER AUGUST 14, 1967, SEINR A POINT ON THE. A7IC OF A NON - TANGENT 570.00 FOOT RADIUS CUMVF_ CONCA'.R SWIHWER'IERLY A RADIAL L.1NE OF WHICH REARS NORTH 67'43.19" EAST$ THENLE LFAVIND THE DUUNUARY OF RAID PiPEtAW FAVEMENT, MU CU472NUIN0 NORTH ALONG THE CENTER LINE OF SAID ROAD SURVEY THROUGH A CENTRAL ANGLE OF 3'27'65" A DISTANCE OF 34.47 FEETI TANGFN'T TD SAID CARVE NORTH 25.44'15" WEST 175.36 FEET TO THE BEDINNINO OF A TANGENT 350.00 RADIUS CARVE CONCAVE EASTERL.YI NORTHEIU..Y ALONG THE ARC OF RAID CURVE '()ROOM" A CENIAAL ANOLF_ OF 23619'41^ A DISTANCH OF 142.40 FEET; TANGENT TO SAID CURVE NORTH 2"23'33" WEST 366.39 FE1:T TO THE NEOINNINO OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE EASTER1r1 NORTHERLY ALONG THE•$%RC OF FAID CURVE THROUGH A CENTRAL ANGLE OF 0140'44' A DISTANCE OF 49.99 FEETI TANGENT TO SAID CURVE NORTH 6'15'U9" EAST 279.21 FEET TO TNF DEGINNI110 OF A TANGENT 390.00 FOOT RADIUS CURVE CONCAVE WEBTERLYI N(IRTHF.RLY ALONG THE ARE' OF SAID IANRVE THROUR34 A CENTRAL ANGLE UP 13'15'19" A DISTANCE OF 10.23 FEETI TANUFNT NORTH 7.00.12" WEST 44.79 FEET, TW.. BFOINNINO OF A NON - TANGENT 140.00 PDOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE OF WHICH SEARS SOUTH B2'O9 "II" WFATI NORTHERLY ALONG THE ARC OP SAID CURVE THIT1011CH A CENTRAL. ANGLE OF 28'04'47" A DISTANCE (3F 65.61 FEETI AND NUN TANGENT TO SAID CURVE NORTH 21'04'36" EAST 39.20 FEET TO THE NORTH L)NE OF SAID LOT 161 THENCE. RUUN 86.39'44" WEST ALONG THE NORTH LINE OF LOT 16, 2798.28 FEET TO THE NURTHMEWT CORNER 7HEREDP; THENCE SOUTH 3.07'18' EAST ALONG THE NCST LINE OF LOT 16, 2628.54 FEET TO THE SOUTHWEST CORNER THEAEDF. AND THE POINT OF BERINNIND. ,dW1.4, \6rrat t N�1.11"N I lam. rod EXHIBIT "6' fifnmi 11940 4 -i --WITN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: Clerk, Board of Supervisors San Diego County Administration Center 551�6�00DDtPtaaqcpificcC �HH1Iighw�tay REC8F REtlUMaOF101 DEPT. GENERAL SERVICES NO TRANSFER TAX DUE Amssor's Parcel No. 264- 090 -10 64- 240 -01 1866 115- 033895 F iFFt:GSCLCIN_ -� UFFIC'RL kL:UNR5 OF SAk C•I[69 CC:INI T.CR. 1985 JAN 31 Pe 1: 54 vEf?a � I. r� [ , .. , '(:i CVO FEE E ABC OR RECOR USE ONLY GRANT OF OPEN SPACE EASEMENT Project TM18031 W.O. No. TE2647 Parcel No. R4- 0429 -11, Log No. 956-11 — W MARGARITA Z. LLOYD, a widow AND CHRISTOPHER 1. S. LLOYD an unmarried man warrant that they are the owners of the FEE SIMPLE ESTATE in and to the lend in the County of San Diego, State of California, described in Exhibit "A" attached hereto ('The Subject Land"); which estate Is or may be wbjact to real estate taxes, assessments, conditions, restrictions and easement all as the same may be of record, and 2. It is the desire of the Grantor and the County of San Diego, a political subdivision of the State of California (herein after referred to as "COUNTY "), that the Subject Land remain OPEN SPACE. NOW THEREFORE. 1, The GRANTOR grants to the County, (A) A perpetual easement for OPEN SPACE purposes over, upon, across an under r maintained on the and no build. ing, structure or other thing whatsoever shall be constructed, erected, p aced except as exists. (B) The perpetual right, but not the obligation to enter upon the Subject Land and remove any buildings, structures or other things whatsoever constructed, erected, placed or maintained on the Subject Land contrary to any term, covenant or condition of this easement and to do any work necessary to eliminate the effects 01 any excavation - -- or placement of send, soil, rock or gravel or any other material done or placed on the Subject Lend rontrary to any term, covenant or conditions of this easement. 4 2. GRANTOR covenants and agrees for himself and his successors and assigns as follows: ( (A) That he shall not erect, construct, place or maintain, or permit the erection, construction, placement or mainte- nance of any building or structure or other thing whatsoever on the Subject Land other then such buildings, rtructures and other things as may be permitted pursuant to the zoning ordinance of the County of San Diego. 19) That he shall not use the Subject Lend for any purpose except as OPEN SPACE purposes. ICI That he shall not excavate or grade or permit any excavating or grading to be done, or piece or allow to be placed any sand, soil, rock, gravel or other material whatsoever on the Subject Land without the written permission of the County or its successors or assigns: provided, however, that Grantor may excavate, grade or place sand, soil, rock gravel or other materiel on the Subject Land as may be permitted by special use permit issued pursuant to the zoning ordinance of the County of San Diego. -h (D) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceed• *r s ings In the Superior Court of the State of California. f i. The grant of this easement and its acceptance by the County of Son Diego shall not authorize the public or any members J thereof to use or enter upon all or any portion of the Subject Land, it being understood that the purpose of this easement • ' Is solely to restrict the uses to which the Subject Land may be put. a. ,.,.. � This easement shell bind the Grantor and his successors and assigns. 00 (0• �. 0.0 �� T rT �.M CF '. j xt, £ W f 1 M ..AN. 1867 EXHIBIT "A" Parcel No. 84- 0423 -A (10- 31 -84) (ENG:DMW:at) That portion of Lots 1 and 2 in Section 8, Township 13 South, Range 3 West, San Bernardino Base and Meridian, according to official plat thereof, TOGETHER with Lot 16 of the subdivision of Rancho Las Encinitas, according to Map thereof No. 848, filed in the Office of County Recorder of San Diego County, June 27, 1898, all being in the County of San Diego, State of California, described in deed to Margarita Z. Lloyd, et al, recorded May 12, 1972 at File /Page No. 120349 in the Office of the County Recorder of said San Diego County lying Westerly of the Westerly Right of Way line of Lone Jack Road, Road Survey No. 554, according to Record of Survey No. 6085 filed in the Office of said County Recorder, AND lying Easterly of the following described line: Commencing at the Northwest corner of said Lot 16; thence Easterly along the North line of said Lot 16 a distance of 550.00 feet to the TRUE POINT OF BEGINNING; thence South 03 015'47" East 710.00 feet; thence South 63 °15'41" East 430.00 feet; thence South 41 °15'47" West 490.00 feet; thence South 03 °15'41" East 760.00 feet; thence South 86 030'00" East 800.00 feet; thence South 12 °30'00" East to a point in the South line of said Lot 16, which lies 1440 feet Easterly, along the South line of said Lot 16 from the Southwest corner thereof, said point being a POINT OF TERMINUS. No permit of any type shall be issued for any development within this easement until a Geotechnical Report has been submitted and approved by the Director of Planning and Land Use. Development will be allowed by site plan after approval of the Geotechnical Report. This site plan review would be for the sole purpose of assuring that future building sites are free from landslides, expansive soil, or flooding problems; and that adequate measures have been taken to make sites safe. Review of each building site can be done separately. x W 00 W - . 4.. l 4 I A 'd yti rs - "-rov i 1Rl7 • '- 1868 This Open Space Easement shall preclude vegetation removal or additions with the exception that brush clearing for fire protection purposes shall be permitted upon written order by the appropriate fire fighting or fire protection agencies. The aforedescribed covenants and conditions shall not prevent the use of the airspace above said easement for the installation of electric and telephone power cables and wires for the transmission of electricity and communications by any bona fide public utility company, their representative, successors or assigns. Any said public utility company, its representative, successor or assigns shall permit foot traffic only within said easement for the purpose of Installing said wires and cables. Any said public utility company, Its representative, successor or assigns, shall not place or install any poles, towers, pads or any other appurtenances to said cables and wires upon or under the ground surface of said easement, and shall not store or stockpile anything within the boundaries of said easement without prior written approval of the Director of the County of San Diego Department of Planning and Land Use. Any said public utility company, its representative, successor or assigns, shall exercise due care while being within the boundary of said easement to preserve the intent of creating this Open Space Easement. x .o I -M r ,,.. Dated this "�- /-Jt� day I A1%7 1869 of <_t1.,.,IiA I RA Z. LLOY (lly CHRISTOPHER S. LL YD STATE OF County of I ss On , 19_ before me, the undersigned, a Notary Public it and for sold STATE OF J2d' k1 ) SS. County O .,sue. ) On La-- -" s , 19 rtl, before me, t e undersigned, a Notary in end for sai ounty and t�ate,�rso�� appeared �_,.,r .a prove to me on the ,basis of Satisfactory evidence, to be t e person s whose name 14 (are) subscribed to the within instrument and acknowledged that he ex ted the same. WITNESS My hard and official seal. OFFICIAL SEAL SHARON M rRIEOMAN Signatur _ ulitaeh PUBLIC CAURI t P<nrCru aPRa Is / F2 y „t 061- saw arso Caw1r Mr Gvm+um FO+. -w , 1MS ame (type or Pr me 1 110 (This area for official notarial seal) he "KILL ea me Same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court at my office in the County of San Diego, the day and year In this Certificate first above written. ROBE r D. ZUMWALT, County Clerk and ex-officio Clerk of the Superior Court By Deputy This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego, a political corporation, is hereby accepted on behalf of the Board of Supervisors of mid County of San Diego pursuant to authority conferred by Resolution of said Board adopted on March 20, 19id,and the Grantee consents to recordation thereof by its duly authorized officer. Dated 0&. 1 uv� IY FPANK C. DEMLING, Chia �d Peal Prepert7 hiancgement Division Department of General Servxxs tea: 85.51 e , T t � rt.- MAw.i!�.t✓N tr• +-titer! ii•}e�a� —i 'M I(.! x CIO C4 tb <c t 1 f u t ' '7w7- 29GSJ1 RECORDING REQUESTED BY: RE'ODItDFD REpUEtT OF IAMD TRIC INAIRANCE CO. OLfVENHAIN MUNICIPAL WATER DISTRICT. JUL 25 8:07 AM77 AFTER RECORDING RETURN TO: OFFICIAL RECORDS OLIVENFIA!N ul fNICIPAL WATER DISTRIa SAN DIEGO COUNTY, CALIF. 1965 OLIVENHAIN RD. NARLEY V 81.61 + ENCINITAS, CA 92024 GRANTOF RIGHTOF WAY RECORDER 304574 -R f ... ...... MARGARITA Z._ LLOYD. a widow, and. CHRISTOPHER. S. LLOYD, an unmarried man__ ........................... ............................... _.._.........., as Guntur, for and m miesideunm f the rum of One Dollar and o otherrata aMeconsideraminrvldhy.OLIYENHAIN M.UNICIPAL.WATER DISTRICTA..a..public _ co,Tporatl.0..n.,,,. ...................... . _ _............ _............... ...... ...... .,.1 ....................... _....... ........................I...... w._._...__... _ .. ..............._... ........................................... _.........._..._ _................................................. . ........................... I....... ** yIr u Grantee, w r,p, wherrod is hereby ac Lrowl0pred,do hrmht Kum n, uiJ..DE�Y�NHALH. .j CAPAE. lr1.Y.a.RI�. . its sucresw,n Brij assigns, an easeenI of right of way ....... 30.00 ............. —feet in width in. urysn. over. under, and antes, the lands hereinafter described. ,I ctrl I. worst, or rrsonwruo I. rvplacr, rera,r, maintain and use a NMI me of Nrelmes for any and } all purpmn, together with their necessary futures and arrur•crantrs and uJ mg but non limited to Awl, its for N)wer trans moslan and onmunuatlon purpsu sin such lotaiums and elevar it ms. upon, along, over and undrr the here matter Jewnhed right of way at Grantee may now or hereafter deem uirornenr and noc"wars from time of ants, together with the right of ingress thereto and ,press rh"irfrown. m and along s,,,I ngh, .d wry' h1 a prattital mutt or mutts In, uN)n. os'er and w toss the he remitter described lands, roger her with the right no ms said right of ray for access m Grantee right, of was' w,uattd In adpcent lands. The land, m which s.ud r,iemtnl of right of way is hvrrbl' gr.mted are Btu nod In the count' of...... San. Diego., ............... Stare of California, and art rartitularly Jewnhevl n 6dlowt. w eta. wrroentno tM Mrr cal M<Ilaran o n,nr lee'lll. aM 1 n. . Il NIn1 ,1 1 Lot 16 of the Subdivision of Rancho Las Encinitas, in the County of San Diego, State of California according to the Map thereof No. 848, filed in the Office of the County Recorder of said San Diego County June 28, 1898. EXCEPTING THEREFROM, that portion lying Easterly of the center line of County Road Survey No. 554 (known as Lone Jack Road), as shown on Record of Survey Map No. 6085, filed in the Office of the County Recorder of said San Diego County August 14, 1962. a Prepared by: I Boyle Engineering Corporation Z f 1 �Y 1 N r y f N. w R/N f 90.45 /f 74"1 wIF Date: fEC. w977 i r AA1111111C I i� ��1,iRxF F'JtR:aUp(S+Irn*r nr .d nN n'm,hr JonwJlanJ,nryrrn ul ✓h .Iru nheJ u(ollu.y a All that portion of the above described property included within a strip of land ` 30.00 feet of even width, the center line of said 30.00 foot wide strip of land i being described as follows: Beginning at the Northwest corner of the Southerly 15.00 feet of Lot 15 of said Map No. 848; thence along the Northerly line of said Southerly 15.00 feet, North 87 034'47" East 851.36 feet; thence North 74 °07'02" East 76.93 feet; thence North 50 °11'46" East 54.68 feet; thence North 32 010'13" East 73.24 feet; thence North 13 °25'52" East 344.42 feet; thence North 26 033'54" East 87.21 feet; thence North 38 °18'32" East 127.44 feet; thence North 54 °02'22" East 63.01 feet; thence North 66 °52'47" East 96.77 feet; thpnce North 7204R'05" East 87.93 feet; thence Nnrth 83 °02'49" East 144.96 feet; thence North 72 040'40" East 1054.43 feet; thence North 65 033'21" East 610.19 feet; thence South 88 °17'14" East 418.19 feet; thence North 67°45'13" East 932.40 feet; thence South 84 °23'08" East 178.86 feet; thel,ce North 69 °39'39" East to the Westerly right of way line of said County Road Survey No. 554. TOGETHER WiTH an easement for temporary working strips of land, situated within the lands first above described, said easement shall include, but not be limited to, the right and privilege of workmen, contractors, and any and all agents employed by the Grantee herein, to use and occupy said temporary working strips for the purpose of constructing the hereinbefore mentioned pipeline or pipelines, and any and all appurtenances incidental thereto, and said easement shall include the right and privilege to place and operate any and all machinery on said strips which the Grantee herein, or any agent or contractor employed by said Grantee, deems necessary for the construction of said pipeline or pipelines. Said temporary working strips hereinabove referred to being more particularly described as frllows: A strip of land 20.00 feet of even width, said 20.00 foot wide strip of land lying Northerly of, and immediately adjoining the Northerly line of the above described 30.00 foot wide strip of land TOGETHER WITH a strip of land 20.00 feet of even width, said 20.00 foot wide strip of land lying Southerly of, and immediately adjoining the Southerly line of the above described 30.00 foot wide strip of land. It is hereby understood and agreed upon by the Grantor and Grantee herein, that the right and privilege set forth for the use of the above described temporary working strips shall be in full force and effect from the date of execution of this instrument, and shall continue in full during the construction of said pipeline, and that upon completion, final inspection, and acceptance of the pipeline by said Grantee herein, the easement for the temporary working strips hereby granted and described above, shall cease and terminate, and become of no further force or effect. It is also understood and agreed upon by the Grantor and Grantee herein, that the grant and termination of the easement for the temporary working strips hereinabove described shall in no way affect or frustrate the continued enjoyment and use of the 30.00 foot wide easement first above described. ,rr OR R•!e. Vt tern rll tV K IIR Ir•,eV �. . u..... ��......" r... �.... �...- ..-..� ... ...� �-.� -�— ....-- ..^... ... -�J. ��....." at the ntne thu do utnrnt n vreuud.v,,hout the Rtr•,ous •'nnen .nsen, f,he Gran,ee. An Munrom Whrrrof. the Grmtnrs_ h&VP........e.rru te.l ,hcu pretenn thn.... %......d•Y •rr u,eJ in ,T." uun oy Q���� r /e j``�� Wunm Q Hoot NO R/W No. 30457 DRAWN BY CHECKED BY ACCT. NC),— 0-001- 194 -03 DATE — February 11 1977 /ieh` RM GOm Form 0 101 -6 *Revised Prepared by: Boyle Engineering Corporation 27, 1917 /jeh ............ .............................;' Z ( •O I .................................... ....... NOTARIES —USE PROPS ACK, CO 1 �r i C.A.N. C'._ rf:r*-Vr R/W 1 3O4574-R I M Date: IeC.77,JA77 4 i' I'i t •o try Grantor and the r......... on in .sure shall nor erect or comtruc , or perms to be erected or constructed, any !wilding or other structure. plant any rtes, or, me,. or drill any we 11 or wells, with in the limits of raid right of way. Grantee shall have the right to erects, mnnum and use pies to all fencer which now cross or shall hereafter cross said route or your", and to tom and cut and cl.0 awn ant sees and brush whenever to its iudgm.nr the same shall be nece,suy for the con- ,,.,nt and vfe e.errne of the right, hereby granted. the right or transfer and Assign this euemenr in whole or in put being hen by granrcd to the Grantee Grantor spe,t that nn other euemenr or easest shall be Ranted on, under or over said strip of land by Grantogwlthour the prevtom written wment of Grantee It d also uodenro,sl and speed by she parties hereto that the Grantor and... thei r.. +.cress., or u+ign ,+hall not Increase or decreor, or permr to be increased or decreased, the existing Round elevations of the above described right of way, easong at the rime this document a executed. wnhous the pmvtous wnoen consent of the Grantee. Z7 3n ?Mini,• 1phrrrnL the GnntorS.. have _. _...onerred these Dre,ens shis _.... %......day ucut—,div resin C.,// G fit/ "'.r.✓ ._ C'nne,s a'nne,f TAX PARCEL ti0. KM "4U-01 R/W No. 3045 - DRAWN BY CHECKEDBY ACCT. NO. C-001- 194 -03 DAM% pehau.vr 11 _ 191Lteh• nrw.r..wa -corm B101 -6 *Revised April Prepared by: Boyle Engineering Corporation ;I M i 1 :l t i f ......................................... ............................... ......................................... ............................... NOTARIES —USE PROPER FORM ON BACK. I 7. 1971 /jeh C.A.N. C•001- 194.02 R/W / 04 5 -:R Date: rjFC. //. /977 _ i I I i, LOT 7 15 l6 ,In{ ' C T � -N- ®... INDICATES WATER UT 1 LINE' E- AS£HENT t-6 U 7TI,^ /'• 400 Tax Par. 1 2G 4.240 -OI Project: UN /T nKpR�W Base Map f 3 PLAT *REVISED 4127177 of easements required by the Olivenhain Municipal Wate, District CAM C-4001-194-02 Prepared by: R/W f FO4 574 R Boyle Engineering Corporation 4 Date: //./977 _ vi 1 aINNUI axe i �r n ui fk y VI 11I j• W wt �.. O t• 'p- z � i LOT 16 2�J�J Z o� @ C A " g5 OF 30�WATEIT 1 A 1 DINE EASEMENT 7a { RANCHO LAS ENC/N/TAS q MAP 648 q;w 15 l6 ,In{ ' C T � -N- ®... INDICATES WATER UT 1 LINE' E- AS£HENT t-6 U 7TI,^ /'• 400 Tax Par. 1 2G 4.240 -OI Project: UN /T nKpR�W Base Map f 3 PLAT *REVISED 4127177 of easements required by the Olivenhain Municipal Wate, District CAM C-4001-194-02 Prepared by: R/W f FO4 574 R Boyle Engineering Corporation 4 Date: //./977 _ vi 1 aINNUI axe i �r T'- 170158 1 • PAn n, ..... rya +I • w[COwo[o A* wE W[sT I.LErPACE NC —._ %X 1. V.s I h`A ]917 .l ' RECORDED REQUEST J' i SNECO TITLI INCJ:L :ti,X COMPANY 3 111 �Ic' wNEN wreowo[o wrrWwN ro MAI 5 19 01 AH lI li s� e � CA N„wr r SRi !�'C ,;N•h l:.It ,14 Nl RI it {.a_idUar Z L. $4.00 —SPACE ASOVE "IS LINE row w[cowoEm -s use RANCHO SANTA FE GRANT OF EASEMENT DR- 1066Q -A \ MARGARITA Z LL01'D, a widow nod CHRISTOVIER 5 LL-YD, an unmarried Mn _ / duel he Pehy snot m TM rAanC TTLD HONt AND TEIECWH COAVANY. a YxrTuratlon, In euccenon end avian. an tawmevt m covatw , place. operate• Iwpeet, eem.uln, Pepsi r, replace and rent., Perch nrAPjKoNk rmdee[+ohmd com- e .0ceton Ievevue. A, C+wt.e .nay from tme to tme +equlPe, eow".g of cable., wMun, mdeatah, marten. end oecenan 2x WnIea and appurtenances, 1n, 1WO, Vnde:, and Upon tlrAt eewatn Peal property .On, C., m San Diego ` In she Co.[ty of R .State of Calibmu deem bed u: / D That portion of Lot 16, Rancho Las Encinitas subdivi s irn, S EP L o 1997 t _ as said lot is shown on map of said subdivision filed for L record as Hap Nn. 8.8 on the 27 day of June, 1898, described ._ In deed filed for record at File /Page No, 120349 on the 12 - day of May, 1972, all in the Office of the Countv Recorder of San Diego County, \\ The abrve described easement shall be located on a strip of land five �C (5.00) feet in width in sold property the center line of which is described ae follows: Beginning at the Vortheast corner of said property, thence South 20'59'25" Nest, 23.97 feet to the TRUE POINT OF 'ECINNING, thence South 69'00'35" East, 12.00 feet; thence South 20.59'25" West, 15.00 feet; thence 74,50 feet along a tangent curve concave EF to the East havin; a radius of 152.00 feet; thence South 09.38' U 12" Bost, 45.03 feet; thence 87.90 feet along a tangent curve o concave to the West having a radius of 380 feet; thence South 3 05.0(t'05" West, 279.24 feet; thence 50.69 feet along a tangent curve concave to the East having a radius of 335.00 feet, thence South 00.47'20" East, 366.47 feet, thence 146.21 feet along a tangent curve concave to the East having ■ radiuw of 360.00 •O feet; thence Soutlt 25.46'52" East, 175.84 feet; thence 26.89 a" feet along a tangent curve concave to the Southwest having a V radius of 570 feet; thence North 66.55'19" East, 11.00 feet O more or less to the Point of Termination in the Easterly line - of sail property. CO r y.ya�4r+.ipi IIFIJ ham., Genie. vb•D be liable o Ceaow+ b aen, damage whleh may occur w the above- dn[r.bed property III, n,aacv of . gljg&D" rm the paw of Ceaatee to Abe ""a. of We easements ,ramwd. Di VAWLSS WHIRBOT thl, lutrunlm L -stemmed th4 _day of STATE OF CALIFORNIA 1 •rawara -Tel V1 COUNTY OpSi+ MARGARITA 2. LLOYD I' all— "'1 �/ na a i emd _Z e. Me hnlnhlwdl a M.1� a,MK M aN No Y,1 Sbe t aennnallr ea" we a.. Wed II I fee. , a II Y j \ �i �/U /✓4: .� r to M tM seron wrwr wa+r s trlattJlM w the •'Wm InyN•,•e n a .11r.N IPoeT r.M An 6I. T tr w sol w. sews and e tse_Ae ,I*, n CHRISTOrNER S. LLOYD �w1S, T Cow% and th.t Ile .r ....r.. i1 s.. 1, flwr.. m t..nRA n .9c�._ ,E Af41OtM aeew,.l17 a.wv. u A. b IN she taw Mrs.rL's_wMw w3 I j INtcnbel Ne Pew .dM. .ww twa.l, neene And wl,we IN, seta; and_2111_At- I anwlMPe to was Nf,alE Wt 1wr)Lewa,ted IM wee; aM Uhel wed dl,wa 1 1, � %e'Rr4EM 1 t aeq a�aoae as 1 .,was. R " /( /// "!NESS .T and�rd f w aasl �rT PACNMAN r9 09Ap nG• '� =&OFFICIAL SEAL I wITTf�S k` NSON CAIIFO'NIA MIRY ROY rt IM I J . s 1 1084 ewa a a a fti t This deed is given and accepted upon the understanding and upon the condition that in the event the above described property or any portion thereof Is dedicated for public street �,... purposes, the easement herein conveyed shall immediately tere.nate as to that portion of said property so dedicated but shall revs in in full force and effect as to that portion of amid property, if any, which is not so dedicated. L i •O IV i C 1 H I r;,, TR�f:STER TAX S NS NO T:.•. htllk Talc ^' 9;_eM T1 Cc AGI Ht �.'IY Na 'C C a , Gall be LahL a oreatot er oar damage wbfe6 MOT accv, m the abe - d.'Mbed plops nl' b/' wuoa of i negligence as the part of Gnmae In the ever of the •aaemsma p•mad. >N tVRy+tSS vn¢TteOT tlua Isbmaam V saec,iad this —day of y' ftatt Or ratlrOMMa f �• l��l ^_7 / r .•�•v " ;� �/ n W1111TV Of' --lny LJiEI.O Iu. �GAAIT��; r � . .. M 4P' ,Z F . 11ZZbaire r tee woes" /ud� a Maur hNe Y W h ) i oast Sum. auras i awaaM D. r�r.Ci �. , a,..m r re be M fee wens seer saw is asbemlN r fee Miss IsW.ne as a .melt sswwa Yi ti T same, &"Wd see wit 1M_%r Md" is CHRISMFMR S. LL01'D PM" sad dis, PC—ii a Pass, 1wd�s�rlkn A°°'°rsd M aa..nr les.e r lies r be on w wnw•y_eMw asst- i seli Y a" .010+ hm.re. seeeae M 61 W w: aM�ee�LSe- I � bee.fedsed Y WI shire 1M_-1* )Leeea,wd dia ear and tlYf rid affesa tgTY[My s,ani k!x' +aM�)�+.� as a +•Mets . amtsfii.1 y.dYlllffett aw, b . '._.. . L n.... S1prue / ; """'"" . f� — ✓/ 0FFIcIAL SEAL W""ES S. J. JOHNSON _ MOtaer aVRK-4UrtfarM Y,wf pacil COtaatr NOT ew- apbr " M 1210 dw@MW mr MLr�A��� " %wa; M-A :NANVIX IA. 'O F COAIMN• RIGHT OF WAY We. MIRISTOPHIA S. LLOYD and KXRGARITA Z. LLOYD ' . .. ... San Ill ago That portion of Lot 16 of Rancho Lee Encinitas, according to Map thereof No. 848& filed in the office of the Cowity Recorder of said County of San Diego, described in a Deed reco-ded May 12, 1012 at Recorder's File/.'age :;o. 120349, of Official Records of said County of Sun Diego. 4-)0 .1.00 Co•.scrcjnj at the Southeast comer of Lot 6 in Section S. Ccmrmship 13 South, Range 3 wee , San Bernardino Meridian; Aence along tb_ Easterly line thereof Borth 0' 16' 43" West, 1356.52 feet; thence leaving said Fwasterly line South 22* 15' 31" West, 678.30 feet; thence South 220 06' 34" Ent. 204.77 feet; thence South 50' 19' 12" West, 654.01 feet: t,.aac& South 881 491 55" West, 244.90 fast to the TRUE POV-7 3P BggMnZG of Via center line herein described; thence frvo,I said TRUV POPrr or Rrjr.rMT::C and enotinuinC South 88• 49' 35" lest. 77.00 feet W . ... ..... . . CK"2rS1ir&S: LLOYD sFP 221997 2 1997 QAA. OLL ......... 1. 1 ............ .6r4206 ... C. e 1 ...... .. .... ... CAN..... ... 10-1.09-23 w,-cAcI C. GA in ?—P I . , , - z i. WITNESS FORM' t ol C., W tw 4 bw -Z- h. 0 Kim--- AMI WIN he -4,z. LEA BUXAS "OtART PUBLIC, my Csralr LOAM .-Jwr:,c .. 1, W4 3r► . GENERAL FORM C., W .... .... ... ---- -- Ow .. ......... .,a . . .......... ---AJL It- A.A.. Mm, PAM, . . ........... . . &4V ftk—A-dw ft N aw—he- dw bww 46kw 004W dw fta b "u-.4 1 l 5.:T 74=042059 M DIEGO GAS & 01= CIL 2"'k'!g FED 2O 11221%'14 2:v P OFFICIAL RECORDS 00 �' 0 C,* S?: SANDIECOCOVI'll IIAUEY VOL- RECORUEN OOK }%„X 0. ,;; P C) ro OM > Hwn o. let 0 L ol C.r... w ll . > ol C.r... w ll . E NGINEERING SERVICES DEPARTMENT city o� Encinitas Capital Improvement Projects District Support Services Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering January 15, 2002 Attn: California Bank and Trust Scripps Poway Office 10605 Scripps Poway Parkway San Diego, California 92131 Re: Tract 97 -100 TM Jerrold A. Hennes Grading permit 6103 -GI A.P.N. 264-241-11 Final release of security Permit 6103 -GI authorized earthwork, storm drainage, site retaining wall, and erosion control, all as necessary to build the described project. Therefore, final release of the security deposited is merited. Assignment of Account 2160006179, in the amount of $16,290.00, has been cancelled by the Financial Services Manager and is hereby released in its entirety. The document original is enclosed. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, e Masih Maher L slie Suelter Senior Civil Engineer Financial Services Manager Field Operations Financial Services Cc: Leslie Suelter, Financial Manager Jerrold A. Hennes File TEL 760 -633 -2600 / FAX 760- 633 -2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 Too 760-633-2-,(K) C recycled paper ENGINEERING SERVICES DEPARTMENT city (�f Capital Improvement Projects l ..11 District Support Services Encinitas Field Operations Sand ReplenishmenVStormwater Compliance Subdivision Engineering Traffic Engineering January 8, 2001 atm: Pamela M. Campbell California Bank & Trust 10605 Scripps Poway Parkway San Diego, CA 92131 Re: Tract 97 -100 (TM) Double LL Ranch NW -ly 12: Lot 4" Grading Permit 610301 (New SFD @ 3471 Cl Margarita/Hennes. Jerrold A.) A.P.N. 264. 241 -11 Partial release of security Permit 6103GI authorized earthwork, storm drainage, site retaining walls, driveway, and erosion control, all as needed to build a single family dwelling within the named subdivision. The Field Operations Division has approved the rough grading. Therefore, a reduction in the security deposit is merited. Assignment of Account 2160006179, in the amount of $65,160.00, may be reduced by 75% to $16,290.00. The document original will be retained. Full release is dependent on satisfactory completion of finish grading. Should you have any questions, please contact Jeff Garami at (760) 633 -2780, or in writing, attention this Department. Sincerely, 61 Greg Shields Senior Civil Engineer Field Operations slle Sucher financial Services Manager Financial Services cc Leslie Suelter, Financial Services Manager Jerrold A. Hennes, Property Owner (point of delivery) PGS /rtb /jsg/f:grading/ginew /gi6103 rassign.doc t TFL 760. 633 -2600 / FAX 160- 633 -2627 505 S. Vulcan Avenue, Encinitas. California 920243633 TDD 760- 633 -2700 recycled paper ENGINEERING SERVICES DEPARTMENT CZ!'11 �f Capital Improvement Projects ll J District Support Services Enctnztas Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering September 29, 2000 Jerrold A. Hennes Jill R. Hennes 3523 Buena Creek Road Vista, CA 92084 Re: Tract 97 -100 (TM) "Double LL Ranch NW-1Y N2: Lot 4" Grading Application 6103GR {New SFD @ 3471 Cl Margarita} A.P.N. 264. 241 -11 Permit issuance requirements This letter shall serve to briefly summarize the Grading Permit process. Drawing 6103 -G has been returned to the Engineer of Work for correction. Upon resubmittal, the plan is subject to verification and/or additional review. An approval by the Director of Engineering Services is valid for three years. In order to obtain a Grading Permit to construct per this Drawing, you will need to satisfy the following requirements: (1) Obtain all plan approvals. Provide 4 blueline copies of the approved Drawing, 1 extra copy each of the soil report and its amendment, all by Western Soil & Foundation Engineering, Inc., dated March 31, 1999, and October 4, 1999, respectively, and a work schedule. (2) Post a Security Deposit in the amount of $65.160.00 to guarantee performance of earthwork, storm drainage, site retaining walls, driveway, and erosion control. Up to eighty percent of the amount 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, certificates of deposit, a letter of credit, or an assignment of account, any of which may be used for the full amount. Any financial instrument's format is subject to approval. Complete the Security Obligation Agreement. 13) Pay a non - refundable Inspection Fee of $3,258.00. (4) Provide the name, address, telephone number, and state license number of your construction contractor. (5) Sign the Permit. Any authorized representative of the property owner may sign. Permits typically expire one year from the date of issuance. Once the Grading Permit is issued, advance notice of 48 hours must be given prior to you or your grading contractor scheduling the mandatory pre- construction conference. See Grading Note #9. Construction changes, prepared by the Engineer of Work, should be submitted to the Engineering Services Department as redlined mark -ups on 2 blueline prints of the approved Drawing. Changes are subject to approval prior to field implementation. M M/dt/jsg/f.grading/gmew /gr6103 i.doc I TEL 760 -633 -2600 1 FAX 760- 633 -2427 505 S. Vulcan Avenue, Encinitas, California 92024 -3633 TDD 760 -633 -2700 �* recycled paper Prior to issuance of a Building Permit, a rough grading approval will be needed from the assigned Engineering Inspector. At a minimum, rough grading is defined as certified pad preparation and soil compaction, and safe access. A reduction of up to 75% of the Security Deposit may be merited and forthcoming, As- builts, prepared by the Engineer of Work and approved by the Engineering Services Department, may be required prior to Final Inspection. A Final Grading Report may be acceptable in -lieu of as- builts at the discretion of the assigned Engineering Inspector. Satisfactory completion of Final Inspection is a prerequisite to release of the remainder of the Security Deposit. Please note that the Building Final Inspection is a separate event and may not necessarily coincide with Grading Final Inspection. The property owner and contractor will be responsible for the restoration of property comer monuments moved or destroyed by the grading activity. A licensed land surveyor or qualified civil engineer will be needed to do the work, subsequently filing a Comer Record with the County. See Grading Note #6. This letter is limited in scope. During the Building Permit process you will need services and be subject to regulation from as follows: the Current Planning Division, Building Inspection Division, Fire Prevention Bureau, and Cardiff Sanitation District, all of the City, and the Olivenhain Municipal Water District, Encinitas Union School District, and San Dieguito Union High School District, all separate public agencies. Please inquire at their respective counters. Additional engineering requirements will be forthcoming during the Building Permit process, including, but not necessarily limited to, coordination of the building site plan with the grading plan, resolution of any outstanding public improvement issues, and assessment and collection of flood control, sanitary sewer, and traffic mitigation fees. Should you have any questions, please contact me at (760) 633 -2780, or you may wish to visit the Engineering Counter at the Civic Center. Sincerely, Jeffn Engineering Technician Subdivision Engineering cc Logan Engineering, Engineer of Work Greg Shields, Senior Civil Engineer Todd Saumbach, Engineering Inspector Gary Lee, Engineering Technician perm!Vfile enc MM/di/jsg/f:grading/gmew /gr6 103 i.doc2 City of Encinitas Engineering Service Permits 505 South Vulcan Ave. Encinitas, Ca. 92024 DRESSELHAUS SURVEYING 31034 Valley Center Rd. Valley Center, CA 92082 (760) 749 -8840 FAX (760) 749 -8730 RE: Pad certification, Hennes Residence, APN: 264- 241 -11 Grading Permit # 6103 -G December 9, 2000 In accordance with your request, I have performed a field survey on the above noted site, Lot 4, Map 13566, to determine as built conditions of the site. Pad elevation per Plan: Pad elevation per field measurement: 330.0 330.00 Construction of line and grade for all engineered drainage devices and/or retaining walls have been field verified and are in substantial conformance with the subject grading plan. The location and inclination of all manufactured slopes have been field verified and are in substantial conformance with the subject grading plan. The construction of earthen berms and positive building pad drainage have been field verified and are in substantial conformance with the subject grading plan. Mhald F. Dresselhaus II PLS 5112 �UWDSV9\ J� �aF.orassa�����o O Y. 9 L.S. 5112 NA E p CA od6d 04 54we", December 24, 2001 City of Encinitas Engineering Services VIA HAND DELIVERY • Civil Engineering • Land Planning • Structural • Surveying RE: FINAL GRADING CERTIFICATION - THE HENNES RESIDENCE CITY OF ENCINITAS DRAWING NO. 6103 -G Pursuant to a site inspection on December 22, 2001 for the subject project, it is our opinion, as Engineer of Work, that the grading has been performed in substantial conformance with the approved grading plan. The overall grading and drainage patterns have been constructed per the approved plan, along with the addition of numerous area drains. The final landscaping is currently being installed and it appears that all of the exposed slopes are adequately protected at this time. Therefore, we hereby certify that the grading for this project has been completed in substantial conformance with the approved City of Encinitas Drawing No. 6103 -G. Should you have any quests or comments, please feel free to contact this office. Sin rely, DMiglas E.1/Logan, R.C.E. 39726 Principal Office: 1635 S. Rancho Santa Fe Road, #209 • San Marcos Mailing: 132 N. El Camino Real, PMB -N - Encinitas, CA 92024 Phone 760 -510 -3152 • Fax 760 - 510 -3153 Email: dlogan @connectnet.com WESTERN SOIL AND FOUNDATION ENGINEERING, INC. PHONE: (760( 746 -3553 FAX: (760) 746 -4912 September 21, 2000 Mr. and Mrs. Hennes 3523 Buena Creek Road Vista, CA 92084 Project: Job No. 99 -17 Proposed Hennes Residence Lot 4 — Calle Margarita Map No. 13566 Encinitas, California Subject: Update Geotechnical Report Dear Mr. and Mrs. Hennes: 423 HALE AVENUE ESCONOIOO. CALIFORNIA 92029 In accordance with your request, we are presenting this Update Geotechnical Report for the above referenced project. The purpose of this Update Geotechnical Report is to evaluate the current site conditions, the applicability of previous recommendations to the proposed project, and to pro- vide additional recommendations as necessary. The results of our prior investigation were presented in a report titled " Geotechnical Investigation, Proposed Kinsman Residence, Lot 4 Calle Margarita, Encinitas, California ", dated March 31, 1999. At the time the original report was written, the proposed project consisted of the construction of a two -story single family dwelling. In summary, our services for this "Update Geotechnical Report" consisted of the following: 1) Review of the previous referenced report; 2) Review- of the preliminary grading plans provided by Logan Engineering (Drawing No. 6103 -G); Hennes Residence Job No. 99 -17 September 21, 2000 Page 2 3) Performance of a visual surface reconnaissance of the site by our engineering staff, and 4) Preparation of this report. The conclusions and recommendations presented in this report are based on data developed and documented during our previous investigations on the site and our experience with the soil and geologic conditions in the site vicinity. No additional laboratory testing or subsurface exploration was performed for this update. This report has been prepared for Mr. Jerry and Mrs. Jill Hennes to be used solely in the evaluation and design of the proposed project. This report has not been prepared for use by other parties, and may not contain sufficient information for purposes of other parties or other uses. The information in this report represents professional opinions that have been developed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable geotechnical consultants practicing in this or similar localities. No other warranty, express or implied, is made as to the professional advice included in this report. FINDINGS Existing Site Conditions: Based on our visual observations, the surface conditions of Lot 4, Calle Margarita appear to be generally similar to those documented in our Report of Geotechnical Investigation, dated March 31, 1999. The site is currently vacant and supports vegetation consisting of scattered patches of wild grasses. The topography appears to be unchanged since the date of our previous explorations. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Hennes Residence Job No. 99 -17 September 21, 2000 Page 3 Proposed Development: It is our understanding that the proposed project will consist of a two - story single family residence to be placed on a graded building pad. A second pad, to be placed at a lower elevation and east of the residence, will be used to support a tennis court. The main building pad is proposed to have an elevation of 330 feet above mean sea level (msl). The tennis court pad elevation is set at 320 feet msl. The constructed embankments will vary from 2:1 to 3:1 (horizontal to vertical). According to the referenced grading plans the earthwork will result in maximum cuts and fills on the order of 12 feet and 5 feet, respectively. Soil material will likely be exported from the property. CONCLUSIONS AND RECOMMENDATIONS With the exception of those items listed below, it is our opinion that the recommendations presented in the referenced Report of Geotechnical Investigation are, in general, applicable to the proposed development of the site as we understand it. We recommend that the items noted below be incorporated into the final design. Earthwork Expansive Soil: The original geotechnical report identified highly expansive soils (Expansion Index of 91 -130) within the fill and within the formational siltstone (Santiago Formation). The formational sandstones which are present within the Scripps Formation appear to have a very low to low expansion potential. The expansion index of the sandstone should be evaluated during the grading procedures. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Hennes Residence Job No. 99 -17 September 21, 2000 Page 4 We recommend that the proposed export soil include the identified expansive soils when they are encountered. The granular soils that are relatively free of clayey materials should be stockpiled for use on the site. Detrimentally expansive soils (Expansion Index of 21 or greater) should not be placed within four feet of finish grade for any structural improvements or within 15 feet (horizontally) of the face of any slope. Foundation Recommendations Seismic Site Categorization: The following seismic site categorization parameters may be used for foundation design. These design parameters are based on the information provided in Chapter 16 of the 1997 Uniform Building Code. Soil Profile Type = Sc Near Source Factor N, = 1.0 Near Source Factor N, = 1.0 Seismic Source Type = B Footings Near Slopes: If foundations are proposed adjacent to the top of any slope, we recommend that the footings be deepened to provide a horizontal distance of 8 feet between the outer edge of the footing and the adjacent slope face. Retaining Wall Recommendations Foundations: Retaining wall foundations should be entirely embedded into dense natural ground or compacted fill. The foundations should not be allowed to cross any transition (cut/fill) line. If foundations are supported in compacted fill, then grading and site preparation must extend 5 feet horizontally beyond all sides of the foundation. If grading cannot be performed at least 5 feet beyond the wall, then the footings should be extended to dense natural soil. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Hennes Residence September 21, 2000 Job No. 99 -17 Page 5 Backtill Material: All soil used for retaining wall backfill should be free of deleterious material and have an expansion index of 20 or less. Wall backfill should consist of free draining soil compacted to at least 90% of its maximum dry density (ASTM D1557 -91). LIMITATIONS The recommendations presented in this report are contingent upon our review of final plans and specifications. The geotechnical consultant should review and verify the compliance of the final plans with this report. It is recommended that Western Soil and Foundation Engineering, Inc. be retained to provide continuous geotechnical engineering services during the earthwork operations. This is to observe compliance with the design concepts, specifications or recommendations and to allow design changes in the event that subsurface conditions differ from those anticipated prior to start of construction. Western Soil and Foundation Engineering, Inc. and/or our consultants, will not be held responsible for earthwork of any kind performed without our observation, inspection and testing. The recommendations and opinions expressed in this report reflect our best estimate of the project requirements based on an evaluation of the subsurface soil conditions encountered at the subsurface exploration locations and the assumption that the soil conditions do not deviate appre- ciably from those encountered. It should be recognized that the performance of the foundations and /or cut and fill slopes may be influenced by undisclosed or unforeseen variations in the soil conditions that may occur in the intermediate and unexplored areas. Any unusual conditions not covered in this report that are encountered during site development should be brought to the attention of the geotechnical consultant so that they may make modifications, if necessary. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Hennes Residence Job No. 99 -17 September 21, 2000 Page 6 This office should be advised of any changes in the project scope so that it may be determined if the recommendations contained herein are appropriate. This should be verified in writing or modified by a written addendum. The findings of this report are valid as of this date. Changes in the condition of a property can, however, occur with the passage of time, whether they be due to natural processes or the work of man on this or adjacent properties. In addition, changes in the State -of- the -Art and/or Government Codes may occur. Due to such changes, the findings of this report may be invalidated wholly or in part by changes beyond our control. Therefore, this report should not be relied upon after a period of one year without a review by us verifying the suitability of the conclusions and recommendations. We will be responsible for our data, interpretations, and recommendations, but shall not be responsible for the interpretations by others of the information developed. Our services consist of professional consultation and observation only, and no warranty of any kind whatsoever, express or implied, is made or intended in connection with the work performed or to be performed by us, or by our proposal for consulting or other services, or by our furnishing of oral or written reports or findings. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Hennes Residence Job No. 99-17 September 21, 2000 Page 7 It is the responsibility of the Client or the Client's representative to ensure that the information and recommendations contained herein are brought to the attention of the engineer and architect for the project and incorporated into the project's plans and specifications. It is further the responsibility of the Client to take the necessary measures to ensure that the contractor and sub - contractors carry out such recommendations during construction. Respectfully submitted, WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Vincent W. Gaby, CEG 1755 Expires 7/31/01 Engineering Geologist Dennis E. Zimmerman, C 26676, GE 928, Expires 3/31/00 Civil Engineer, Geotechnical Engineer Distribution: (1) Addressee (4) Logan Engineering V WG:DEZ/kmg WESTERN `0\ t:a. fgg7rr55 rn txr rITIF'!EDt ` EN 1. EERI,NG ) �\ GEOLO-IST �Q h / et tssio;a \fi.98 .D SOIL AND FOUNDATION ENGINEERING, INC. C M GEOTECHNICA N PROPOSED KINSMAN RESIDENCE LOT 4, CALLE MARGARITA ENCINITAS, CALIFORNIA OUR JOB NO. 99-17 MARCH 31, 1999 WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ 6101 - &R WESTERN SOIL AND FOUNDATION ENGINEERING, INC. PHONE: (760) 746 -3553 FAX: (760) 746 -4912 Mr. Craig Kinsman C/O General Coatings Corporation 6387 Nancy Ridge Drive San Diego, CA 92121 Project: Our Job No. 99 -17 Proposed Kinsman Residence Lot 4, Calle Margarita Encinitas, California Subject: Report of Geotechnical Investigation Dear Mr. Kinsman: 423 HALE AVENUE ESCON0100. CALIFORNIA 92029 In accordance with your request, we have completed a geotechnical investigation for the proposed project. We are presenting to you, herewith, our findings and recommendations for the development of this site. The findings of this study indicate that the site is suitable for development if the recommendations provided in the attached report are incorporated into the design and construction of this project. 0 Kinsman March 31, 1999 Our Job No. 99 -17 Page 2 If you have any questions after reviewing the findings and recommendations contained in the attached report, please do not hesitate to contact this office. This opportunity to be of professional service is sincerely appreciated. Respectfully submitted, WESTERN SOIL AND FOUNDATION ENGINEERING. INC. Dennis E. Zimme an, CE 26676, GE 928, Expires 3/31/00 Geotechnical Engineer innt W. Gaby, CEG 1755 Ex res 7/31/99 Engineering Geologist Attachments Distribution: (4) Addres DEZNWG:dg ■ fit WESTERN ZIMyF9� No. CE 26676 Jf9a11111. 9� No. 7755 SOIL AND FOUNDATION ENGINEERING, INC. GEOTECHNICAL INVESTIGATION PROPOSED KINSMAN RESIDENCE LOT 4, CALLE MARGARITA ENCINITAS, CALIFORNIA Prepared For: Mr. Craig Kinsman C/O General Coatings Corporation 6387 Nancy Ridge Drive San Diego, CA 92121 JOB NO. 99-17 MARCH 31, 1999 WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Table of Contents Page Introduction and Project Description ................ ............................... 1 ProjectScope ................................... ..............................2 Findings....................................... ..............................3 Site Description ........................... ..............................3 Subsurface Conditions ...................... ..............................4 Scripps Formation ......................... ..............................4 Santiago Formation ........................ ..............................5 Landslide Debris .......................... ..............................5 Colluvium............................... ..............................6 Fill..................................... ..............................6 Groundwater ............................. ..............................6 GeologicHazards ................................ ..............................7 Faults and Seismic Hazards .................. ..............................7 Seismicity of Major Faults .................. ............................... 8 Liquefaction .............................. ..............................8 Landslides and Slope Stability ............... ............................... 9 Recommendations and Conclusions ................. .............................10 Site Preparation ........................... .............................10 Expansive Soil ...................... .............................11 Imported Fill ....................... .............................11 Rippability ......................... .............................12 Earthwork.......................... .............................12 CutSlopes ......................... ...................:.........13 FillSlopes ......................... .............................13 Surface Drainage .................... .............................15 Subdrains.......................... .............................16 Foundation Recommendations ................ .............................17 General............................ .............................17 Footings Established on Compacted Fill ............................... 18 Concrete Slabs -On -Grade ............. .............................18 Transition Areas ..................... .............................20 Lateral Resistance ................. ............................... 21 Lateral Resistance Values ........... ............................... 21 Footing Observations ............... ............................... 21 WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Table of Contents - Cont. Page Retaining Walls ........................... .............................22 Lateral Pressures .................... .............................22 Drainage and Waterproofing ......... ............................... 22 Backfill............................ .............................23 Field Explorations ............................... .............................24 Laboratory Testing ............................... .............................25 PlanReview .................................... .............................25 Limitations..................................... .............................25 WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Plate Number 1 Plate Number 2 Plate Numbers 3 through 8 Plate Numbers 9 through 10 Plate Number 11 Plate Number 12 APPENDIX I "EM-21110.411 ■ ATTACHMENTS Site Plan Unified Soil Classification Chart Exploratory Trench Logs Laboratory Test Results Removal Depths, Table I Fill Slope Key Specifications for Construction of Controlled Fills References WESTERN SOIL AND FOUNDATION ENGINEERING, INC. GEOTECHNICAL INVESTIGATION PROPOSED KINSMAN RESIDENCE LOT 4, CALLE MARGARITA ENCINITAS, CALIFORNIA Introduction and Project Description This report presents the results of our geotechnical investigation performed on the above referenced site. The purpose of this investigation was to evaluate the existing surface and subsurface conditions from a geotechnical perspective and to provide recommendations for foundation design, floor slab support, grading and retaining wall design. According to the information provided by Craig Kinsman, the proposed project will consist of the development of a single family residence. The proposed grading will create a level pad with finish elevation at approximately 330 feet above mean sea level (M.S.L.). The pad will be located on the westerly one -third of the lot. The proposed earthwork will require maximum fills on the o er of 20 feet and aximum cuts up to approximately 5 feet. Import soil will most likely be required to attain designed finish grades. F4 Is Building plans were not yet available, however, it is anticipated that the residential G (D structure will be a two -story, wood framed structure. Foundations will likely include continuous and/or pad spread footings with concrete slab -on -grade floors. Should any future development deviate significantly from our understanding of the project as described above, we should be consulted for further recommendations. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Fl Kinsman March 31, 1999 Our Job No. 99 -17 Page 2 The site configuration and the approximate locations of our exploratory trenches are shown on the enclosed Site Plan, Plate No. 1. Project Scope This investigation consisted of a surface reconnaissance coupled with a subsurface exploration. Representative soil samples were obtained from the site and returned to our laboratory for observation and testing. The results of the field and laboratory data collected are presented in this report. Specifically, the intent of this investigation was to: a) Explore the subsurface conditions to the depths that could be influenced by the proposed construction, b) Evaluate, by laboratory tests, the pertinent static physical properties of the various soil and rock stratigraphic units which could influence the development of this project, C) Describe the site geology, including potential geologic hazards and their effect upon the proposed development, d) Provide recommendations for site grading and retaining walls, and e) Provide recommendations for foundation design, including the bearing capacity, estimated settlements, lateral pressures, and expansion potential of the on -site soils. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman Our Job No. 99 -17 March 31, 1999 Page 3 This report has been prepared for Mr. Craig Kinsman to be used in the evaluation and design of the proposed project. This report has not been prepared for use by other parties, and may not contain sufficient information for purposes of other parties or other uses. The information in this report represents professional opinions that have been developed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable geotechnical consultants practicing in this or similar localities. No other warranty, express or implied, is made as to the professional advice included in this report. Findings Site Description: The project site is located on the east side of the northerly extension of Calle Margarita north of Double LL Ranch Road, in the community of Olivenhain, city of Encinitas, California. The site vicinity can be found in the northwest quadrant of grid B -4, Page 1148, of the Thomas Brothers Guide for San Diego County, 1997 edition. The subject property is nearly rectangular in configuration and encompasses approximately 2.93 acres. It is bound to the north, east and south by undeveloped residential property. Approximately 235 feet front Calle Margarita along the west property line. The project site is situated on a southeasterly facing hillside. The terrain is steeply inclined across the easterly two - thirds of the property, then slopes very gently across the westerly portion of the property. Elevations range from 330 feet above mean sea level (M.S.L.) at the northwest property comer to 245 feet M.S.L. at the southeast property comer. Drainage is generally in a southeasterly direction. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. M Kinsman March 31, 1999 Our Job No. 99 -17 Page 4 At the time of our investigation, the site was unimproved. Vegetation consisted of wild grass and shrubs across the majority of the site. Subsurface Conditions: Six exploratory trenches ranging from 5 'h to 15 '/2 feet in depth were excavated for this investigation. Based on the results of our field explorations, the site is underlain by Eocene age interbedded sandstones and siltstones. Previous mapping efforts (Eisenberg, 1983), have assigned the Eocene sediments to the Delmar or Friars Formations. However, more recent work (Tan, 1986) has remapped these sediments as the Scripps Formation. Below an elevation out 300 feet M.S.L. the Scripps Formation is underlain by lagoonal claystones and siltstones Santiago Formation. The formational deposits on the site are mantled by colluvium and fill. Landslide debris was encountered in exploratory trench T -5, located on the southeast facing hillside. Each of these is described below from oldest to youngest. Scripps Formation: The Scripps Formation exposed within our exploratory trenches consists of pale gray to dark orange, fine grained sandstone, interbedded with minor lenses of similarly colored siltstone. Individual sandstone bedding ranges from massive to thinly bedded and display generally horizontal orientation. It is well indurated and poorly to very well cemented. The siltstone lenses observed within the Scripps Formation are thin and typically discontinuous. Based on our past experience, the siltstone lenses are known to possess low shear strength and to swell upon saturation. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman Our Job No. 99 -17 March 31, 1999 Page 5 Although previous mapping performed by Eisenberg (1983) assigned these sediments to the Delmar Formation, the trench exposures and outcrops within the immediate site vicinity lack the dark green to brown colored mudstones and yellow, clayey sandstones that are characteristic of the Delmar Formation. It is more likely that these sandstones on site are associated with the Scripps Formation. Santiago Formation: The sediments exposed in exploratory trench T -5 consist of a green, clayey siltstone which becomes interbedded with lenses of pale brown claystone at depth. These Eocene age lagoonal siltstones appear to be related to the Santiago Formation. They range from soft to stiff and are very moist to wet. Near the surface the siltstone becomes jointed and fractured with sheared clay - filled seams. Due to these physical properties, the siltstones and claystones of the Santiago Formation are not considered suitable for the excavation of cut slopes. Shallow seated slope failure is common within this geologic unit. Landslide Debris: A thin wedge of shallow seated landslide materials were observed overlying the Santiago Formation in exploratory trench number T -5. This material was composed of pale yellowish- brown, silty, fine grained sand with sinuous lenses of dark brown, clayey sand. It appeared to be a melange of weathered sandstone derived from the Scripps Formation and colluvium. These materials were loose, very moist and extended to a depth of about 7 '/2 feet. Hummocky topography down slope on -site and on other properties within the site vicinity suggest the potential for at least shallow seated failure in natural and constructed slopes. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. r1 Kinsman March 31, 1999 Our Job No. 99 -17 Page 6 Colluvium: The formation sediments are mantled by a thin layer of poorly consolidated colluvium. For the purposes of this study the term colluvium is used to describe both in -situ developed soil, as well as slope wash materials. Within our subsurface explorations it ranged from 1 to 2 '/z feet in thickness. The colluvium consisted of damp to very moist, loose, brown, silty, fine grained sand which grades with depth to moist to very moist, medium stiff to stiff, dark brown, sandy to very sandy clay. The results of testing performed on samples of the clayey colluvium returned to our laboratory indicate that it has a high expansion potential. Fill: Fill was encountered within exploratory trench numbers T -1, T -2 and T -6. It consisted of damp to very moist, brown, silty to very silty, fine grained sand interlayered with reddish - brown, sandy clay. The fill is not uniformly compacted, contains potentially expansive materials and is not considered suitable for the support of structures or new fill in its present condition. Groundwater: Subsurface water was not encountered in any of our exploratory excavations. However, fluctuations in the level and flow of groundwater may occur depending on annual precipitation and irrigation. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman March 31, 1999 Geologic Hazards Our Job No. 99 -17 Page 7 Faults and Seismic Hazards: According to available published information, there are no known active or potentially active faults on or in the immediate vicinity of the project site. Therefore, the potential for ground rupture at this site is considered low. There are, however, several faults located in close proximity that movement associated with them could cause significant ground motion at the site. The table below presents the maximum credible earthquake magnitudes and estimated peak accelerations anticipated at the site. These accelerations are based on the assumption that the maximum credible earthquake occurs on specific faults at the closest point on that particular fault to the site. The maximum credible earthquake is defined as the maximum earthquake that appears to be reasonably capable of occurring under the conditions of the presently known geologic framework. The probability of such an earthquake occurring during the lifetime of this project is considered low. The severity of ground motion is not anticipated to be any greater at this location than in other areas of San Diego County. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman March 31, 1999 Seismicity of Major Faults Our Job No. 99 -17 Page 8 Maximum Estimated Credible Bedrock Distance Magnitude Acceleration (1) Fault (Miles) (Richter) (g) Rose Canyon 8 7.0 L(2) 0.42 Elsinore 25 7.5 L(3) 0.17 San Jacinto 49 7.8 L(3) 0.12 San Andreas 74 8.3 L(3) 0.08 L = Local Magnitude (1) Seed and ldrim. 1982 (2) Slemmons. 1979 (3) Greensfelder, C.D.M.G. Map Sheet 23. 1994 Liquefaction: The potential for seismically induced liquefaction is greatest where shallow groundwater and poorly consolidated, well sorted, fine grained sands and silts are present. Liquefaction potential decreases with increasing density, grain size, clay content and gravel content. Conversely liquefaction potential increases as the ground acceleration and duration of seismic shaking increase. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman March 31, 1999 Our Job No. 99 -17 Page 9 The property is underlain by moderately well to well indurated formational sediments. In addition, groundwater was not observed in the exploratory trenches excavated in these areas. Based on the consistency of the underlying materials and the anticipated recompaction of overburden soils, the potential for generalized liquefaction in the event of a strong to moderate earthquake on nearby faults is considered low. lsw< Landslides and Slope Stability: Landslide debris was observed in exploratory trench T -5 to Tits depth of 7 '/2 feet. In addition, the hummocky terrain present down slope on this property and on " slopes within the site vicinity suggest that the claystones and siltstones of the formational OOJI 0� sediments may be susceptible to down -slope movement. geotechnical easement prescribed by ,4114( a previous report demarks a line on the property, below which slope stability conditions are poor. Recommendations to reduce the potential for deep seated slope failure are presented further in this report. In general, grading and earthwork should be performed above the imaginary line. Permanent slopes constructed in accordance with the recommendations presented in this an adequate factor of safety. The potential for deep seated slope failures with the proposed development are considemd low. 7 P,04 Gtr WESTERN SOIL AND FOUNDATION ENGINEERING, INC. IN Kinsman Our Job No. 99 -17 March 31, 1999 Page 10 Recommendations and Conclusions Site Preparation: The overburden soils encountered at the exploratory trench locations is poorly consolidated and not considered suitable for the support of foundations, floor slabs or new fill in its present condition. Therefore, to provide more uniform support for the proposed structures and prior to the placement of any new fill, we recommend that any existing colluvium, fill, landslide debris or otherwise unsuitable material be completely removed to firm, undisturbed competent formational materials. The horizontal limits of removal and recompaction shall include the entire areas of proposed structures, fill or any proposed fill slopes. All soil removal and replacement should extend at least 5 feet beyond the footprint of any structures and shall be accomplished in accordance with the earthwork and foundation recommendations presented in this report. Based on the results of our field explorations, it appears that the depth of removal will range from 2 to 11 feet. Table I (Plate No. 11) of this report presents anticipated removal depths in the area of our subsurface explorations. Thicker and/or less competent materials may be encountered at locations that were not explored. Unsuitable soils that occur beneath areas to receive asphalt or concrete pavements, driveways, patio slabs or sidewalks shall be treated similarly. ■ WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Kinsman March 31, 1999 Our Job No. 99 -17 Page 11 The on -site soils minus any debris or organic material may be used as controlled fill. All fill shall be compacted to at least 90% of its maximum dry density as determined by ASTM D1557-91. The moisture content at the time of compaction should be within 2% of optimum for non - expansive soils and between 2% and 4% over optimum for the clayey materials. All debris, organic matter or oversized materials (greater than 6 inches in maximum dimension) encountered must be removed and disposed of in an approved legal manner. Expansive Soil: Soils with a high expansion potential (Expansion Index of 91 to 130) were encountered within our exploratory trenches. These soils encountered consisted of sandy clay present within the fill and siltstone within the formation. The results of our laboratory testing (Plate No. 9) indicate that these soils have a high expansion potential. These materials shall be placed at least 4 feet below finish grade or removed completely from the site. The building envelope should be capped with at least 4 feet of granular soil having an expansion index of 20 or less. Imported Fill: Imported fill, if required at this site, shall be approved by our office prior to importing. The Soils Engineer should be notified at least 48 hours prior to importing. Imported soil used within structural fills shall have an Expansion Index of 20 or less with not more than 25 percent passing the No. 200 U.S. standard sieve. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman March 31, 1999 Our Job No. 99 -17 Page 12 Rippability: The exploratory trenches were excavated with little difficulty by a Kubota 191 L backhoe. These trenches ranged from 5 '/z to 15 '/: feet in depth. Based on our field observations, it appears that the majority of the materials to be exposed during grading may be excavated with conventional earthmoving equipment. Earthwork: All earthwork performed on -site must be accomplished in accordance with the attached Specifications for Construction of Controlled Fills (Appendix 1). All special site preparation recommendations presented in the sections above will supersede those in the Standard Specifications for Construction of Controlled Fills. All embankments, structural fill, and utility trench backfill shall be compacted to no less than 90% of its maximum dry density unless otherwise specified. The moisture content of the granular fill soils should be within 2% of optimum moisture content at the time of compaction. The moisture content of the clayey soils materials should be maintained between 2% and 4% over optimum moisture content. The maximum dry density of each soil type shall be determined in accordance with ASTM Test Method D1557 -91. Prior to commencement of the brushing operation, a pregrading meeting shall be held at the site. The Developer, Surveyor, Grading Contractor, and Soil Engineer should attend. Our firm should be given at least 3 working days notice of the meeting time and date. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman March 31, 1999 � o mia momw Page 13 Cut Slopes: It is our opinion that cut slopes excavated completely within well consolidated, competent, unfractured sandstone of the Scripps Formation at an inclination of 2:1 (horizontal to vertical) or flatter would be stable to a maximum height of 10 feet. Cut slopes excavated into soil materials that are prone to slope failure (fill, colluvium, landslide debris or Santiago Formation) shall be evaluated by the Engineering Geologist and Soil Engineer. This should be performed during grading plan review and during the earthmoving procedures. Fill Slopes: Due to the steep natural terrain along the east side of the project and the presence of weak siltstone lenses within the Scripps Formation the following special recommendations should be followed. Fill slopes shall be keyed into dense natural ground. The key shall extend through all incompetent soil material and be established at least 55 feet dense competent material. The key shall be a minimum of 5 feet deep at the toe of slope and fall with 7% grade toward the interior of the proposed fill areas. The bottom of the key shall have a width of at least 15 feet (Plate Number 12). Subterranean drainage should be provided as shown on Plate Number 12. The actual location of the subdrain and drain outlets shall be determined by the Soil Engineer or Engineering Geologist as field conditions dictate. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. r Kinsman March 31. 1999 Our Job No. 99 -17 Page 14 The subdrains shall consist of a trench at least 24 inches deep and 24 inches wide. Mirafi 140N non -woven geotextile, or an approved equivalent, shall line the bottom and sides of the trench. Six inches of 3/4 -inch gravel or crushed rock shall be placed on the geotextile at the bottom of the trench. A 4 -inch diameter perforated pipe shall be placed in the trench with the perforations down. The pipe shall be ABS schedule 40 (ASTM- D1527) or SDR 23.5 (ASTM- D2751) or approved equal. The drainpipe shall have a minimum 1 percent gradient and shall be centered within the trench horizontally. A minimum of 4 cubic feet of 3/4 -inch rock per linear foot of subdrain shall be placed over and around the pipe within the geotextile lined trench. The geotextile shall lap at least 18 inches over the top of the rock. The subdrain shall outlet in an approved legal manner. Subdrain outlets may be tight lines and shall have a minimum 2 percent gradient. It is our opinion that fill slopes constructed at an inclination of 2:1 (horizontal to vertical) or flatter will be stable to a maximum height of 20 feet. Fill slopes shall be keyed into dense formation. The key shall extend through all incompetent soil and be established at east 2 feet int dense coM2gjent material. The key shall be a mini r, of 2 feet a toe of slope and f with 5% toward the interior of the proposed f areas. The bottom of the key shall have a width of at least 15 feet (Plate No. 12). • L 9 WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman March 31, 1999 Our Job No. 99 -17 Page 15 All keys must be inspected by the Soil Engineer, Engineering Geologist or their representative in the field. If feasible, soil material placed within the outer 15 feet of any fill slope, as measured inward horizontally from the face of the slope, shall consist of on -site or imported granular, non- expansive soil material (Expansion Index of 20 or less). Fill slopes constructed with clayey or expansive soils may experience creep and/or surficial failure. We recommend that slopes be compacted by backrolling with a loaded sheepsfoot roller at vertical intervals not to exceed 4 feet and should be track walked at the completion of each slope. The face of the slopes should be compacted to no less than 90 % relative compaction (ASTM D1557 -91). This can best be accomplished by overbuilding the slope at least 4 feet and trimming to design finish slope grade. Surface Drainage: Surface drainage shall be directed away from structures and paved areas. The ponding of water or saturation of soils should not be allowed adjacent to any of the foundations. We recommend that planters be provided with drains and low flow irrigation systems. Gutter, roof drains and other drainage devices shall discharge water away from the structure into surface drains and storm sewers. Surface water must not be allowed to drain in an uncontrolled manner over the top of any slope or excavation. ■ WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Kinsman March 31, 1999 Our Job No. 99 -17 Page 16 The exterior grades should be sloped to drain away from structures to minimize ponding of water adjacent to foundations. Minimum site gradients of at least 2% in the landscaped areas and of I% in the hardscaped areas are recommended in the areas surrounding structures. These gradients should extend at least 10 feet from the edge of the structure. To reduce the potential for erosion, the slopes shall be planted as soon as possible after grading. Slope erosion, including sloughing, tilling, and slumping of surface soils may be anticipated if the slopes are left unplanted for a long period of time, especially during rainy seasons. Drainage swales and earth berms are recommended at the top of all permanent slopes to prevent surface water runoff from overtopping the slopes. Animal burrows should be controlled or eliminated since they can serve to collect normal sheet flow on slopes, resulting in rapid and destructive erosion. Erosion control and drainage devices must be installed in compliance with the requirements of the controlling agencies. Subdrains: A subdrain system shall be installed at the toe of slopes draining into the property, within buttress or stability fills or where fill is proposed over canyons or drainage areas. The final determination for the location of the subdrains shall be made by the Soil Engineer or Engineering Geologist during the site grading. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Kinsman March 31, 1999 Our Job No. 99 -17 Page 17 The subdrain shall consist of a trench at least 36 inches deep and 18 inches wide. Miraft 140N or Amoco 4547 non -woven geotextile fabric, or an approved equivalent, shall line the bottom and sides of the trench. Four inches of 3/4 -inch rock bedding shall be placed on the geotextile at the bottom of the trench. A 4 -inch diameter perforated pipe shall be placed in the trench with the perforations down. The pipe shall be ABS schedule 40 (ASTM- D1527) or SDR 23.5 (ASTM- D2751) or approved equal. The drainpipe shall have a minimum 1 % gradient and shall be centered within the trench horizontally. A minimum of 3 cubic feet of 3/4 -inch rock per linear foot of subdrain shall be placed over and around the pipe within the geotextile lined trench. The geotextile shall lap at least 12 inches over the top of the rock. The subdrain shall outlet away from any structures or slopes in an approved legal manner. Foundation Recommendations: General: The on -site overburden soils are poorly consolidated and are not considered suitable for foundation or floor slab support. To provide more uniform support we recommend that proposed structures be entirely supported on non- expansive compacted fill. Footings should be underlain by at least 2 '/ feet of non - expansive compacted fill. Footings shall be designed with the minimum dimensions and allowable dead plus live load soil bearing values given in the following table: ■ WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Kinsman March 31, 1999 Our Job No. 99 -17 Page 18 Footings Established on Compacted Fill Minimum Minimum Allowable Building Depth Width Soil Bearing Height (inches) (inches) Value (p.s.f.) Two Story 18 15 2,000 The minimum depth given shall be below lowest adjacent finish subgrade. The soil load bearing values presented above may be increased by one -third for short term loads, including wind or seismic. The soil load bearing values of any imported soil should be determined after its selection but prior to its delivery on -site. All continuous footings shall be reinforced in accordance with recommendations provided by a Structural Engineer. Settlements under building loads are expected to be within tolerable limits for the proposed structures. Concrete Slabs -On- Grade: If the soils are prepared as recommended in this report, concrete slabs -on -grade may be supported entirely on compacted fill. Soil material placed within 4 feet of finish subgrade should have an expansion index of 20 or less. No cut/fill transitions should be allowed to occur beneath the structures. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman March 31, 1999 Our Job No. 99 -17 Page 19 To provide protection against vapor or water transmission through the building and floor slabs, we recommend that the slabs -on -grade be underlain by a 4 -inch layer of Caltrans Class 2 permeable material or gravel. A suggested gradation for the gravel layer is as follows: Sieve Size Percent Passine 3/4" 90 -100 No. 4 0 -10 No. 100 0 -3 If the slab -on -grade is underlain by at least 5 feet of granular, free draining, compacted fill, the gravel layer may be replaced by 4 inches of clean sand. An impermeable membrane as described below should be placed at the midpoint of the sand layer. In areas where vinyl or other moisture - sensitive floor coverings are planned or where moisture may be detrimental to the structure's contents, we recommend that the 4- inch -thick gravel layer be overlain by a 10 -mil -thick impermeable plastic membrane to provide additional protection against water vapor transmission through the slab. The vapor barrier should be installed in accordance with the manufacturers instructions. We recommend that the membrane edges be sealed. ■ WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Kinsman Our Job No. 99 -17 March 31. 1999 Page 20 To protect the membrane during later concrete work, to facilitate curing of the concrete, and to reduce slab curling, a 2- inch -thick layer of clean sand shall be placed over the membrane. If sand bedding is used, care should be taken during concrete placement to prevent displacement of the sand. A low -slump concrete (4 -inch maximum slump) should be used to further minimize possible curling of the slabs. The concrete slabs should be allowed to cure properly before placing vinyl or other moisture- sensitive floor covering. Slab reinforcing and thickness shall be designed in accordance with the anticipated use of and loadings on the slab and as recommended by the Structural Engineer. Construction joint spacing and placement shall be provided by the Structural Engineer. Transition Areas: Any proposed structures should not be allowed to straddle a cut -fill transition line. Footings and floor slabs should be entirely supported on cut or entirely on fill. The tendency of cut and fill soils to compress differently can frequently result in differential settlement, cracking to portions of the structure and in severe cases structural damage. To reduce the potential for damage due to differential settlement in transition areas, we recommend that cut areas be over excavated to a depth of at least 2 % feet below the bottom of the deepest footing and replaced with non - expansive soil material compacted to at least 90% of its maximum dry density (ASTM D1557 -91). The compacted fill should extend at least 5 feet beyond the building floor plan. f WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Kinsman March 31. 1999 Our Job No. 99 -17 Page 21 Lateral Resistance: Resistance to lateral loads may be provided by friction at the base of the footings and floor slabs and by the passive resistance of the supporting soils. Allowable values of frictional and passive resistance are presented for the fill soils in the table below. The frictional resistance and the passive resistance of the materials may be combined without reduction in determining the total lateral resistance. Lateral Resistance Values Coefficient Allowable Passive Pressure Compacted Non - Expansive Fill 0.35 ft 0] Footing Observations: Prior to the placement of reinforcing steel and concrete, all foundation excavations shall be inspected by the Soil Engineer, Engineering Geologist or their representative. Footing excavations shall be cleaned of any loosened soil and debris before placing steel or concrete. Footing excavations should be observed and probed for soft areas. Any soft or disturbed soils shall be over - excavated prior to placement of steel and concrete. Over - excavation of soils should not be performed in locations that were undercut for transition areas. This would compromise the thickness of the soil supporting the footings. In undercut transition areas loose soils should be recompacted. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman March 31, 1999 Retaining Walls: Our Job No. 99 -17 Page 22 Lateral Pressures: We are providing these recommendations in the event that retaining walls are constructed on site. Our analysis anticipated that retaining walls up to 10 feet in height may be constructed. These recommendations should be reviewed and updated as needed once wall heights and types are determined. For the design of cantilevered retaining walls where the backfill is sloping at 2:1 (horizontal to vertical) and is well drained, the equivalent fluid pressures for both active and at -rest conditions are presented below. Soil Type Active Pressure At -rest Pressure Non - expansive fill 55 pounds per cubic foot 75 pounds per cubic foot Higher backfill pressures will result for a backfill that is sloping at an inclination steeper than 2:1. Drainage and Waterproofing: If the backfill is placed and compacted as recommended herein and good surface drainage is provided, the infiltration of water into the wall backfill may be reduced. Adequate drainage of adjacent planters should likewise be provided to reduce water infiltration into wall backfills. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. fl Kinsman Our Job No. 99 -17 March 31, 1999 Page 23 To limit the entrapment of water in the backfill behind the proposed walls, backdrains or other drainage measures should be installed. Drainage should consist of vertical gravel drains about 12 inches wide connected to a 4- inch - diameter perforated pipe. The pipe shall be ABS schedule 40 (ASTM -D 1527) or SDR 23.5 (ASTM- D2751) or approved equal. The perforated pipe should be placed with the perforations down and should be surrounded by at least 1 foot of filter gravel or uniformly graded gravel or Caltrans Class 2 permeable material wrapped in geosynthetic filter fabric, such as Mirafi 140N or approved equivalent. Care should be taken to select a filter fabric compatible with the backfill materials as clogging of the filter material may occur. The drain pipe should be located near the base of the wall and should discharge into a storm drain or onto a surface draining away from the structure. As an alternative to the vertical gravel drains, a drainage geocomposite such as Miradrain may be used with a 4- inch - diameter perforated pipe collector drain. Backfill: The exterior grades should be sloped to drain away from the structures to minimize ponding of water adjacent to the foundations and retaining walls. Compaction of the backfill as recommended herein will be necessary to reduce settlement of the backfill and associated settlement of the overlying walks, paving, and utilities. All backfill should be compacted to at least 90% of the maximum dry density (ASTM D1557 -91). WESTERN SOIL AND FOUNDATION ENGINEERING, INC. r Kinsman March 31, 1999 Our Job No. 99 -17 Page 24 Some settlement of the backfill should be anticipated, and any utilities supported herein should be designed to accept differential settlement, particularly at the points of entry to structures. Also, provisions should be made for some settlement of concrete walks on -grade supported on fill. Field Explorations Subsurface conditions were explored by excavating six backhoe trenches on March 2, 1999. The exploratory trenches were 24- inches in width, approximately 15 feet long and extended to depths ranging from 5 '/x to 15 '/2 feet. Groundwater or the caving of sidewalls were not observed in trenches. The locations of the exploratory trenches are depicted on the Site Plan, Plate No. 1. The surface reconnaissance and subsurface exploration were conducted by our geology and soil engineering personnel. The soils are described in accordance with the Unified Soil Classification System as illustrated on the attached simplified chart (Plate Number 2). In addition, a verbal textural description, the wet color, the apparent moisture and the density or consistency are presented. The density of granular material is given as either very loose, loose, medium dense, dense or very dense. The consistency of silts or clays is given as either very soft, soft, medium stiff, stiff, very stiff or hard. The sampling and logging of our exploratory excavations were performed using standard geotechnical methods. The logs are presented on Plate Numbers 3 through 8. Samples of typical and representative soils were obtained and returned to our laboratory for observation and testing. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman March 31, 1999 Page 25 Laboratory Testing Laboratory tests were performed in accordance with the American Society for Testing and Materials (ASTM) test methods or suggested procedures. Test results are shown on Plate Numbers 9 through 10. Plan Review Western Soil and Foundation Engineering, Inc. should review the final grading and building plans for this project. Limitations The recommendations presented in this report are contingent upon our review of final plans and specifications. The geotechnical consultant should review and verify the compliance of the final plans with this report. Western Soil and Foundation Engineering, Inc. shall be retained to provide continuous geotechnical engineering services during the earthwork operations. This is to observe compliance with the design concepts, specifications and recommendations and to allow design changes in the event that subsurface conditions differ from those anticipated prior to start of construction. Western Soil and Foundation Engineering, Inc. and/or our consultants, will not be held responsible for earthwork of any kind performed without our observation, inspection and testing. [l WESTERN SOIL AND FOUNDATION ENGINEERING, INC. Kinsman Our Job No. 99 -17 March 31, 1999 Page 26 The recommendations and opinions expressed in this report reflect our best estimate of the project requirements based on an evaluation of the subsurface soil conditions encountered at the subsurface exploration locations and the assumption that the soil conditions do not deviate appreciably from those encountered. It should be recognized that the performance of the foundations and/or cut and fill slopes may be influenced by undisclosed or unforeseen variations in the soil conditions that may occur in the intermediate and unexplored areas. Any unusual conditions not covered in this report that are encountered during site development should be brought to the attention of the geotechnical consultant so that they may make modifications, if necessary. This office should be advised of any changes in the project scope so that it may be determined if the recommendations contained herein are appropriate. This should be verified in writing or modified by a written addendum. The findings of this report are valid as of this date. Changes in the condition of a property can, however, occur with the passage of time, whether they be due to natural processes or the work of man on this or adjacent properties. In addition, changes in the State -of -the -Art and/or Government Codes may occur. Due to such changes, the findings of the report may be invalidated wholly or in part by changes beyond our control. Therefore, this report should not be relied upon after a period of one year without a review by us verifying the suitability of the conclusions and recommendations. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Kinsman March 31, 1999 Our Job No. 99 -17 Page 27 We will be responsible for our data, interpretations, and recommendations, but shall not be responsible for the interpretations by others of the information developed. Our services consist of professional consultation and observation only, and no warranty of any kind whatsoever, express or implied, is made or intended in connection with the work performed or to be performed by us, or by our proposal for consulting or other services, or by our furnishing of oral or written reports or findings. It is the responsibility of the Client or the Client's representative to ensure that the information and recommendations contained herein are brought to the attention of the engineer and architect for the project and incorporated into the project's plans and specifications. It is further the responsibility of the Client to take the necessary measures to ensure that the contractor and sub - contractors carry out such recommendations during construction. ����D GEC Respectfully submitted, \� 4�p1T WESTERN SOIL AND FOUNDA ION ENGINEERING, INC t755 Q CERTIFIED ENGINEERNG � GEOLOGIST �yQ' Vincent W. Gaby, CEG 1755 E ires 7 /31/99 OfiCAL1FOQ Engineering Geologist RpHs Dennis E. Zim rman, CE 26676, GE 928, Expires 3/31/00 �O �S� ZIMpF9 Geotechnical Engineer �y z CID No. CE 26676 V WG/DEZ:dg 1 rn sr. rim WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ ATTACHMENTS WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ SITE PLAN (Plate No. 1) WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ SUBSURFACE EXPLORATION LEGEND UNIFIED SOIL CLASSIFICATION CHART Group Soil Description Symbol Typical Names L COARSE GRAINED: More than half of material is 19[= than No. 200 sieve size. Gravels: More than half of coarse fraction is larger than No. 4 sieve size but smaller than 3 ". CLEAN GRAVELS GW Well graded gravels, gravel sand mixtures. little or no fines. GP Poorly graded gravels, gravel sand mixtures, little or no fines. GRAVEL W/FINES GM Silty gravels, poorly graded gravel -sand -silt mixtures. GC Clayey gravels, poorly graded gravel -sand, clay mixtures. Sands: More than half of coarse fraction is smaller than No. 4 sieve size. CLEAN SANDS SW Well graded sand, gravelly sands, little or no fines. SP Poorly graded sands, gravelly sands, little or no fines. SANDS W/FINES SM Silty sands, poorly graded sand and silt mixtures. SC Clayey sands, poorly graded sand and clay mixtures. 11. FINE GRAINED: More than half of material is smalleL than No. 200 sieve size. Silts & Clays: Liquid limit J5� than 50 ML Inorganic silts and very fine sands, rock flour, sandy silt or clayey - silt -sand mixtures with slight plasticity. CL Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, lean clays. OL Organic silty and organic silty clays of low plasticity. Silts & Clays: liquid limit re eater than 50 MH Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts. CH Inorganic clays of high plasticity, fat. OH Organic clays of medium to high plasticity. HIGHLY ORGANIC SOILS PT Peat and other highly organic soils. Plate No. 2 WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ SUBSURFACE EXPLORATION LOG PLATE NO. 3 ■ z TRENCH NO. T -1 } e r- a O ELEVATION 334± W F v W e W z w W W P: LL u. � LL SAMPLING ¢~ U) w v y_ w = aON N METHOD KUBOTA 191L a 0 a z > a O Z a a W Q Q Qi QO �� O o ❑ N u DESCRIPTION v ❑ 1-_ SM '.. FILL - Brown, Very Silty, Fine Grained Damp Loose "1 to Sand interlayered with Reddish- to to _ L CL Brown, Sandy Clay Very Medium 2- Moist Stiff -2 B 84.7 21.7 - 3- -3 4 -4 5- "5 3P: - SCRIPPS FORMATION - Pale Gray with Orange Moist Medium 95.0 21.4 _ _... Staining, Fine Grained Sandstone Dense 6- .: -:.:.' Thinly Bedded, Moderately to "6 ...'.'.' Cemented Dense Bottom of Trench @ 7 Feet 8- "8 9- -9 SAMPLELEGEND 10- -10 B = Bulk Sample 11- -11 12- -12 13- -13 14- -14 15- -15 JOB NUMBER DATE LOGGED LOGGED BY KINSMAN RESIDENCE 99 -17 3 -2 -99 V. G. SUBSURFACE EXPLORATION LOG PLATE NO. 3 ■ SUBSURFACE EXPLORATION LOG PLATE NO. 4 ■ z TRENCH NO. T -2 y e F= a 0 ELEVATION 326± r w r O w° w z w w y r a z� w zW m �r ?LD r w J W U LL SAMPLING 7 a y w r < y Z— w O Z N w r a LL = a� y N METHOD KUBOTA 191 L a p a Z oy a O z Lu a. a w ¢ ¢ ¢� ¢O �O O w N J U DESCRIPTION O v p -SM FILL - Brown, Silty Sand Moist Loose 1'= SM =' COLLUVIUM - Brown, Silty, Fine Grained Sand Damp Loose -1 - to - grades to _ JCL Dark Brown, Very Sandy Clay Moist Stiff 90.6 17.9 2- -2 3- B = SP ::" SCRIPPS FORMATION - Pale Gray to Orange, Fine Moist Medium 101.1 13.0 -3 Grained Sandstone Thinly Bedded, Dense _- 77 7.7.: with with Lenses of Gray Siltstone to _ 4 = Dense 4 5- Very Well Cemented @ 5/2 Feet -5 6- Near Refusal @ 5% Feet -6 7- -7 8- -8 9- -9 10- -10 11- -11 12- -12 13- -13 14- -14 15- -15 JOB NUMBER DATE LOGGED LOGGED BY KINSMAN RESIDENCE 99 -17 3 -2 -99 V.G. SUBSURFACE EXPLORATION LOG PLATE NO. 4 ■ SUBSURFACE EXPLORATION LOG PLATE NO. 5 ■ Z TRENCH NO. T -3 y o w ELEVATION 328' Z w _ } _ z0 w W } H F- Ix w Z w w w > H w W Ja LL SAMPLING 7 Q �' Z- w w Z SQ w H a v LL in METHOD KUBOTA 191L a p a. Z o} a O Z w a a wQ 4 ai QO �O �g Ov w co U DESCRIPTION v U SM s- COLLUVIUM - Brown, Silty, Fine Grained Sand Damp Loose to grades to to to -1 Dark Brown, Sandy Clay Moist Stiff 2- -2 3 -3 SP' SCRIPPS FORMATION - Pale Gray, Fine Grained Moist Medium 4- Sandstone Thinly Bedded, Dense -4 Horizontal Fractures /Cleavage to near the Surface Dense - 5- grades to -5 SP:' Massively Bedded Fine to Medium Moist Dense 6- Grained Sandstone -8 Dark Orangish -Red, Very Fine to Fine Grained Sandstone Lense 7- -7 grades to 8- _- SP, Pale Orange, Fine Grained Moist Dense -8 Sandstone, Thinly Bedded grades to g. -9 - Pale Gray, Massively Bedded, Fine Moist Dense _ Grained Sandstone 10- -10 All Bedding Nearly Horizontal Bottom of Trench @ 10'A Feet 11- -11 12- -12 13- -13 14- -14 15- -15 JOB NUMBER DATE LOGGED LOGGED BY KINSMAN RESIDENCE 99 -17 3 -2 -99 V.G. SUBSURFACE EXPLORATION LOG PLATE NO. 5 ■ SUBSURFACE EXPLORATION LOG PLATE NO. 6 ■ Z TRENCH NO. T-4 } e O ELEVATION 320± w F U w e w Z w w > ~ ~ U Z 0: w Z Z N C Z > O H w W �LL SAMPLING 7 C ~ w x Z- wv Nw H av LL = aMETHOD KUBOTA 191L a 0 a= o a O Z it a a w a a ai a0 f0 O w O N v DESCRIPTION U o v p - SM COLLUVIUM - Brown, Silty, Fine Grained Sand Moist Loose 2- -2 SP:: SCRIPPS FORMATION - Pale Gray, Fine Grained Moist Medium _ Sandstone Thinly Bedded, Dense Moderately Cemented, Cross to 3- Bedding Visible in Upper 3 Feet Dense -3 4- 4 5 5 8_ _ = �= 4- Pale Greenish -Gray Siltstone Lense _g 7- SP Pale Gray, Fine Grained Moist Dense -7 Sandstone, Massively Bedded -8 8- -': SPA': SCRIPPS FORMATION - Dark Orange, Fine Grained Very Medium ... Sandstone Poorly Cemented, Moist Dense becomes interbedded with to -y — -_ -_ -_ Discontinuous Thin Siltstone Dense _ Lenses 10- --._= -10 Bottom of Trench @ 10 Feet 11- •11 12- -12 13- -13 14- -14 15- -15 JOB NUMBER DATE LOGGED LOGGED BY KINSMAN RESIDENCE 99 -17 3 -2 -99 V. G. SUBSURFACE EXPLORATION LOG PLATE NO. 6 ■ SUBSURFACE EXPLORATION LOG PLATE NO. 7 ■ Z TRENCH NO. T -5 } e W a 0— ELEVATION 312± East -4 Z w Z f L= LU w� Z rn ��" > Z W u_ LL J LL SAMPLING a y m w y w < v = a i y y METHOD KUBOTA 191L a p a z o a 0 Z a as Q f a a 20 O p H J U DESCRIPTION U0 U 'r SM 4- Existing Slope - 1 - -?= COLLUVIUM- 1 _ - Brown, Silty, Fine 2- — — Grained Sand -2 — yi- Very SM J Moist 3- —� LANDSLIDE DEBRIS - Loose -3 _ — _ - Pale Yellowish- _— Brown, Silty, Fine 4- Grained Sand with .4 Sinuous Lenses of Dark Brown, Clayey, Fine Grained Sand - - — Very 5- — Moist Loose .5 -.AW g- _ 6 7- — -7 g- FMH 9- SANTIAGO FORMATION - Green, Clayey Siltstone Very Soft -9 Sheared with Oxidized (Orange) Moist to Seams, Randomly Oriented to Medium _ to- Wet Stiff _10 12_ MH = becomes interbedded with Pale Very Medium _12 - to - Brown, Claystone Lenses Moist Stiff CH — to to _ Wet Stiff 13- -13 14- -14 — 15- -15 — _ — — — Bottom of Trench @ 15 % Feet JOB NUMBER DATE LOGGED LOGGED BY KINSMAN RESIDENCE 99 -17 3 -2 -99 V.G. SUBSURFACE EXPLORATION LOG PLATE NO. 7 ■ SUBSURFACE EXPLORATION LOG PLATE NO. 8 ■ = TRENCH NO. T -6 a O ELEVATION 330± r L) w w z r Iwi U Za. w7 Z= W w v1 Z �... �r >� Hr W LL _ Lu LL SAMPLING Q y ¢ yr w v y w g Q = a N y METHOD KUBOTA 191L a 0 - Z Q. O Z w a a uj g C f C 20 ¢M 0 w C N DESCRIPTION V 0 0 O SM FILL - Brown. Silty Sand Moist Loose SM COLLUVIUM - Brown, Silty, Fine Grained Sand Moist Loose y- —_— -2 — — grades to 'CL= — Sandy Clay Very Medium 3- -3 4- SP .= SCRIPPS FORMATION - Pale Orangish- Yellow, Moist Medium -4 Fine Grained Sandstone Thinly to Dense Bedded, Poorly Cemented with Very to _ — Discontinuous Lenses of Pale Moist Dense Gray Siltstone "5 6- -6 7- -7 Bottom of Trench @ 7 Feet 8- -8 9- -9 10- -10 11- -11 12- -12 13- -13 14- -14 15- -15 JOB NUMBER DATE LOGGED LOGGED BY KINSMAN RESIDENCE 99 -17 3 -2 -99 V. G. SUBSURFACE EXPLORATION LOG PLATE NO. 8 ■ LABORATORY TEST RESULTS Maximum Density /Optimum Moisture Maximum Optimum Dry Moisture Sample Density Content Location Description (pcf) (percent) T -1 @ 2'/z Dark Brown, Silty, Fine 117.5 14.0 to Medium Grained Sand T -2 @ 3' Pale Yellowish- Brown, Slightly 112.0 15.7 Silty, Very Fine to Fine Grained Sand Direct Shear Angle of Apparent Internal Sample Cohesion Friction Location (psf) (deyrees) *T -1 @2 %2 540 36 *T -2 @ 3' 400 24 * Sample was remolded to 90% of maximum dry density at 3% over optimum moisture content. All samples were saturated prior to testing. Plate No. 9 WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ LABORATORY TEST RESULTS - Cont. In -Situ Moisture and Density Dry )mansion Index Sample Density Initial Final (pcfl Sample Moisture Moisture Expansion Expansion Location Content (%) Content (%) Index Potential 95.0 21.4 T -2 @ 2.0' 90.6 T -1 @ 2 ' /z' 13.1 29.0 109 High T -6 @ 2.0' 11.7 29.0 122 High In -Situ Moisture and Density Plate No. 10 WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Dry Moisture Sample Density Content Location (pcfl ( %1 T -1 @ 3.0' 84.7 21.7 T -1 @ 5.0' 95.0 21.4 T -2 @ 2.0' 90.6 17.9 T -2 @ 3.0' 101.1 13.0 Plate No. 10 WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ TABLEI SOIL REMOVAL DEPTHS Exploratory Depth of Soil Trench Removal Below Number Existing Grade (ft.) T -1 51/2 T -2 3 T -3 3 T -4 2 T -5 7 to 11 T -6 4 NOTE: It should be recognized that variations in soil conditions may occur between exploratory excavations that will require deeper removals. In areas where fill slope toe keys are proposed, add a minimum of 2 feet to removal depths presented above. Exploratory trenches encountered in the removal process should be recompacted an additional 2 feet below the depths shown in the above table. Plate No. 11 WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ MINIMUM DO KEY DEPTH m FILL SLOPE KEY PROJECTED PLANE 1 TO I MAXIMUM FROM TOE OF NATURAL GROUND SLOPE TO APPROVED GROUND FILL - TOE OF SLOPE ' � ,O�E 8' MINIMUM BENCH 1E ' COMPETENT EARTH MATERIAL BASE KEY WIDTH 15' pp 7� tti. TYPICAL BENCH -� (HEIGHT VARIES) �*fl KINSMAN RESIDENCE V Y� REQUIRED PER DF SOILS ENGINEER 50/ V 1 JOB NO. 99 -17 1 DATE 3 -31 -99 WESTERN SOIL AND FOUNDATION ENGINEERING INC. PLATE NO. 12 APPENDIX I WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ WESTERN SOIL AND FOUNDATION ENGINEERING, INC. PHONE: (7601 746 -3553 423 HALE AVENUE FAx: (760) 746.4912 ESCONDI00. CALIFORNIA 92029 SPECIFICATIONS FOR CONSTRUCTION OF CONTROLLED FILLS General Description: The construction of controlled fills shall consist of adequate geotechnical investigations, and clearing, removal of existing structures and foundations, preparation of land to be filled, excavation of earth and rock from cut area, compaction and control of the fill, and all other work necessary to complete the grading of the filled area to conform with the lines, grades, and slopes as shown on the accepted plans. Clearing And Preparation Of Areas To Be Filled: (a) All fill control projects shall have an investigation or a visual examination, depending upon the nature of the job, performed by a qualified soil engineer prior to grading. (b) All timber, trees, brush, vegetation, and other rubbish shall be removed, piled and burned, or otherwise disposed of to leave the prepared area with a finished appearance free from unsightly debris. (c) Any soft. swampy or otherwise unsuitable areas, shall be corrected by drainage or removal of compressible material, or both, to the depths indicated on the plans or as directed by the soil engineer. (d) The natural ground which is determined to be satisfactory for the support of the filled ground shall then be plowed or scarified to a depth of at least six inches (6 ") or deeper as specified by the soil engineer, and until the surface is free from ruts, hummocks, or other uneven features which would tend to prevent uniform compaction by the equipment to be used. (e) No fill shall be placed until the prepared native ground has been approved by the soil engineer. ■ Specifications for Construction of Controlled Fills (f) Where fills are made on the hillsides with slopes greater than 5 (horizontal) to 1 (vertical), horizontal benches shall be cut into firm undisturbed natural ground to provide lateral and vertical stability. The initial bench at the toe of the fill shall be a least 10 feet in width on firm undisturbed natural ground at the elevation of the toe stake. The soil engineer shall determine the width and frequency of all succeeding benches which will vary with the soil conditions and the steepness of slope. (g) After the natural ground has been prepared, it shall be brought to the proper moisture content and compacted to not less than 90% of maximum density, A.S.T.M. D1557 -91. (h) Expansive soils may require special compaction specifications as directed in the report of geotechnical investigation by the soil engineer. (i) The cut portions of building pads may require excavation and recompaction for density compatibility with the fill as directed by the soil engineer. Page Materials: The fill soils shall consist of select materials graded so that at least 40 percent of the material passes the No. 4 sieve. The material may be obtained from the excavation, a borrow pit. or by mixing soils from one or more sources. The material used shall be free from vegetable matter, and other deleterious substances, and shall not contain rocks or lumps greater than 6 inches in diameter. If excessive vegetation, rocks, or soils with unacceptable physical characteristics are encountered, these materials shall be disposed of in waste areas designated on the plans or as directed by the soil engineer. If soils are encountered during the grading operation which were not reported in the report of geotechnical investigation, further testing will be required to ascertain their engineering properties. Any special treatment recommended in the preliminary or subsequent soil reports not covered herein shall become an addendum to these specifications. No material of perishable, spongy, or otherwise unstable nature shall be used in the fills. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Specifications for Construction of Controlled Fills Placing, Spreading And Compacting Fill Material: (a) The selected fill material shall be placed in layers which shall not exceed six inches (6 ") when compacted. Each laver shall be spread evenly and shall be thoroughly blade -mixed during the spreading to insure uniformity of material and moisture in each layer. (b) When the moisture content of the fill material is below that specified by the soil engineer, water shall be added until the moisture content is near optimum as determined by the soil engineer to assure thorough bonding during the compacting process. (c) When the moisture content of the fill material is above that specified by the soil engineer, the fill material shall be aerated by blading and scarifying, or other satisfactory methods until the moisture content is near optimum as determined by the soils engineer. (d) After each layer has been placed, mixed and spread evenly, it shall be thoroughly compacted to not less than the specified maximum density in accordance with A.S.T.M. D1557 -91. Compaction shall be by means of tamping or sheepsfoot rollers, multiple -wheel pneumatic -tired rollers, or other types of rollers. Rollers shall be of such design that they will be able to compact the fill to the specified density. Rolling of each layer shall be continuous over its entire area and the roller shall make sufficient passes to obtain the desired density. The entire area to be filled shall be compacted to the specified density. (e) Fill slopes shall be compacted by means of sheepsfoot rollers or other suitable equipment. Compacting operations shall be continued until the slopes are stable and until there is no appreciable amount of loose soil on the slopes. Compacting of the slopes shall be accomplished by backrolling the slopes in increments of 3 to 5 feet in elevation gain or by other methods producing satisfactory results. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ Page 3 Specifications for Construction of Controlled Fills (f) Field density tests shall be made by the soil engineer for approximately each foot in elevation gain after compaction, but not to exceed two feet in vertical height between tests. The location of the tests in plan shall be spaced to give the best possible coverage and shall be taken no farther than 100 feet apart. Tests shall be taken on corner and terrace lots for each two feet in elevation again. The soil engineer may take additional tests as considered necessary to check on the uniformity of compaction. Where sheepsfoot rollers are used, the tests shall be taken in the compacted material below the disturbed surface. No additional layers of fill shall be spread until the field density tests indicate that the specified density has been obtained. (g) The fill operation shall be continued in six inch (6 ") compacted layers, as specified above, until the fill has been brought to the finished slopes and grades as shown on the accepted plans. Page 4 Supervision: Supervision by the soil engineer shall be made during the filling and compacting operations so that he /she can certify that the fill was made in accordance with accepted specifications. The specifications and soil testing of subgrade, subbase, and base materials for roads, or other public property shall be done in accordance with specifications of the governing agency. Seasonal Limits: No fill material shall be placed, spread. or rolled during unfavorable weather conditions. When the work is interrupted by heavy rain, grading shall not be resumed until field tests by the soil engineer indicate that the moisture content and density of the fill are as previously specified. In the event that, in the opinion of the engineer, soils unsatisfactory as foundation material are encountered, they shall not be incorporated in the grading, and disposition will be made at the engineer's discretion. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ APPENDIX II WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ REFERENCES CITED Eisenberg, Leonard, I., 1983, Pleistocene Marine Terraces and Eocene Geology, Encinitas and Rancho Santa Fe Quadrangles, San Diego County, California: On the Manner of Deposition of the Eocene Strata in Northern San Diego County, S.D.A.G. Greensfelder, R.W., 1974, Maximum Credible Rock Accelerations from Earthquakes in California: CDMG Map Sheet 23. Seed, H.B. and Idriss, I.M., 1982, Ground Motions and Soil Liquefaction During Earthquakes, EERI Monograph Series. Slemmons, D.B., 1979, "Evaluation of Geomorphic Features of Active Faults for Engineering Design and Siting Studies ", Association of Engineering Geologists Short Course. Tan, S., 1986, Landslide Hazards in the Rancho Santa Fe Quadrangle, San Diego County, California: CDMG Open -File Report 86 -15 LA. Wilson, Kenneth L., 1972 Eocene and Related Geology of a Portion of the San Luis Rey and Encinitas Quadrangles San Diego County, California: Masters Thesis, U.C. Riverside. WESTERN SOIL AND FOUNDATION ENGINEERING, INC. ■ pu❑ R SCAtE 1 "- 50' 0 I�S..LSILJ GEOLOGIC CROSS SECTION PLATE N®.1 33C 320 SURFIC- UNITS NOT SHGWN SCALE VERTICAL t" - 20' HORIZONTAL 1" = 50' JOB NO. 99 -17 3199 SITE PLAN KINSMAN RESIDENCE YY r=STr=RN SOIL AND FOUNDATION ENGINEERING INC. APPROXIMATE LOCATION OF TRENCHES EXPLORATORY QIS LANDSLIDE DEBRIS TSC SCRIPPS FORMATION TR SANTIAGO FORMATION ®�^ APPROXIMATE GEOLOGIC CONTACT SURFIC- UNITS NOT SHGWN SCALE VERTICAL t" - 20' HORIZONTAL 1" = 50' JOB NO. 99 -17 3199 SITE PLAN KINSMAN RESIDENCE YY r=STr=RN SOIL AND FOUNDATION ENGINEERING INC. August 5, 1999 City of Encinitas Engineering Department • Civil Engineering • Land Planning • Structural • Surveying FAW - 6 0jj RE: HYDROLOGY EVALUATION — THE KINSMAN RESIDENCE CALLE MARGARITA, DBL "LL" RANCH - OLIVENHAIN SE Please allow this letter to serve as a hydrology evaluation for the subject residential grading plan. Based upon a site investigation and the attached hydrology map for this parcel, it is obvious that this site is basically at the top of a hill. Therefore, the drainage basin for this site is basically the site itself. Assuming urban drainage design, it is conservatively estimated that the 100 -year storm over the graded portion of this lot is no more than 1.0 cfs to 2.0 cfs. It is our professional opinion that typical drainage devises utilized for single family residential construction, i.e., sheet flow, swales, berms and area drains, will be adequate to handle the anticipated drainage for this site. Ultimately, all of the drainage will be directed either towards the back of the lot to the east or to Calle Margarita to the west. As Engineer of Work for this residential grading plan, we respectively request your acceptance of this hydrology evaluation. Should you have any questions or comments, please feee to contact this office or respond, as such, with plan check comments. E.(O g g .C.E.3972 U t 4n Principal C 39726 * Exp. 12 -31.07 Attachment sr9l Clvll F OF C;'% -* 132 N. EI Camino Real, Suite N • Encinitas, CA 92024 Encinitas Office: Fox/Phone 760 - 942 -8474 Fairbanks Office: Phone 619- 756 -8696 -LEGEND- INDEX TD ADJOINING MEETS _. _... 1 AN DIEGO COUNTY CALIFORNIA SHEET NQ 326-1701 WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LAND SUBDIVIDED BY THIS MAP AND WE CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP. WE HEREBY DEDICATE TO THE CARDIFF SANITATION DISTRICT A PERPETUAL EXCLUSIVE EASEMENT AND RIGHT OF WAY UPON, THROUGH, UNDER, OVER AND ACROSS, THE REAL PROPERTY AS SHOWN ON THIS MAP, SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED IN THE CERTIFICATE DEDICATING EASEMENTS TO THE CARDIFF SANITATION DISTRICT, GI: CITY OF ENCINITAS TENTATIVE PARCEL MAP NO, 89 -087, PARCEL MAP 17084, RECORDED FEBRUARY 26, 1993, WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED BY REFERENCE. WE HEREBY GRANT TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY, OR IT'S SUCCESSORS OR ASSIGNS, AN EASEMENT FOR WATER PIPELINES, OTHER DISTRICT FACILITIES AND FOR ALL ACCESS PURPOSES OVER, UNDER AND ACROSS PRIVATE STREETS AS SHOWN ON THIS MAP, SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED IN THE CERTIFICATE GRANTING EASEMENTS WITHIN PRIVATE STREETS TO THE OUVENHAIN MUNICIPAL WATER DISTRICT ON COUNTY OF SAN DIEGO TRACT NO. 4413, MAP NO. 11.372 RECORDED NOVEMBER 21, 1985, WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED BY REFERENCE. WE HEREBY GRANT TO THE CITY OF ENCINITAS AN EASEMENT OVER, UPON , ACROSS, AND UNDER A PORTION OF LOTS 3, 4 AND 5 (HEREINAFTER REFERRED TO AS SUBJECT LAND) TO WIT : (1) A PERPETUAL EASEMENT FOR OPEN SPACE FOR THE PRESERVATION OF STEEP SLOPES OVLZ, UPON, ACROSS AND UNDER THE AREAS DEFINED ON THE FINPI MAP AS OPEN SPACE EASEMENT FOR THE PRESERVATION OF STEEP SLOPES AND NO BUILDING OR STRUCTURE SHALL BE CONSTRUCTED, ERECTED, PLACED OR MAINTAINED ON THE SUBJECT LAND. (2) THE PERPETUAL RIGHT, BUT NOT THE OBLIGATION TO ENTER UPON THE SUBJECT LAND AND REMOVE ANY BUILDINGS, STRUCTURES OR OTHER THINGS WHATSOEVER CONSTRUCTED, ERECTED OR PLACED OR MAINTAINED ON THE SUBJECT LAND CONTRARY TO ANY TERM, COVENANT OR CONDITION OF THIS EASEMENT AND TO DO ANY WORK NECESSARY TO ELIMINATE THE EFFECTS OF ANY EXCAVATION OR GRADING OR PLACEMENT OF SAND, SOIL, ROCK OR GRAVEL OR ANY OTHER MATERIAL DONE OR PLACED ON THE SUBJECT LAND CONTRARY TO ANY TERM, COVENANT OR CONDITION OF THIS EASEMENT. GRANTOR COVENANTS AND AGREES FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS AS FOLLOWS : (a) THAT IT WILL NOT ERECT, CONSTRUCT, PLACE OR MA;NTA:N OR PERMIT THE ERECTION, CONSTRUCTION, PLACEMENT OR MAINTENANCE OF ANY BUILDINGS OR STRUCTURE OR OTHER THING WHATSOEVER ON THE SUBJECT LAND. (b) THAT IT WILL NOT USE THE SUBJECT LAND FOR ANY PURPOSE EXCEPT AS OPEN SPACE. THE SUBJECT LAND MAY BE USED FOR ANIMAL GRAZING AND CONTAINMENT BUT NO STRUCTURES, OTHER THAN FENCES, PORTABLE SUNSHADES, AND WATERING & FEEDING EQUIPMENT MAY BE CONSTRUCTED IN THIS OPEN SPACE. BEING A SUBDIVISION OF PORTION OF REMAINDER PARCEL OF PARCEL MAP 17446, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 14, 1994 AS FILE NO. 1994- 0657653 OFFICIAL RECORDS. SUBDIVISION GUARANTEE FOR THIS SUBDIVISION FURNISHED BY CHICAGO TITLE COMPANY ORDER NUMBER 979031 -52, DATED f6t aRY 2$' , 1998. FIRST CHOICE FORECLOSURE SERVICES, A CALIFORNIA CORPORATION, AS TRUSTEE UNDER DEED OF TRUST RECORDED 8/30/90 AS FILE NO. 90- 474480 OF O.R., AND MODIFIED BY AGREEMENT RECOFDED 10/30/92 AS FILE NO. 1992- 0694799 OF O.R. AND MODIFIED BY AGREEMENT RECORDED 2/22/94 AS FILE NO, 1994 - 0117932 OF O.R. NAME'° .. �1 ��'.E- TE NAME: DATE TITLE: 11171 % TITLE: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION, AS TRUSTEE UNDER DEED OF S RECORDED DECEMBER 2, 1993 AS FILE NO, 1993- 0812963 OF O.R. A AS TPUSTEE UAfOEQ DEEP OF TRUST REGORDE,D APR14 26, /493 02 fo /-335g.or- O.R. � J � � / / BY_ tj d P BY: .GL.Iicv2A�.3lfpt� A E NAME: E �- �'. NAME: 21'1 el S_ Gir P TITLE: IC4 451 @w! TITLE: A45�5'� L'itP 5 4� (c) THAT IT WILL NOT EXCAVATE OR GRADE O^ PERMIT ANY THE OLIVENHAIN MUNICIPAL WATER DISTRICT HEREBY ACCEPTS THE GRANT OF EASEMENTS DESCRIBED HEREIN, INCLUDING ALL TERMS AND CONDITIONS CONTAINED IN THE EXCAVATING OR GRADING TO BE DONE, OR PLACE OR ALLOW TO BE PLACED ANY SAND, SOIL, ROCK, GRAVEL OR OTHER MATERIAL SAND, CERTIFICATE GRANTING EASEMENTS WITHIN PRIVATE STREETS GRANTED TO THE OUVENHAIN MUNICIPAL WATER DISTRICT ON COUNTY OF SAN DIEGO TRACT NO. 4413, MAP NO. 11372, WHATSOEVER THE SUBJECT LAND WITHOUT THE WRITTEN PERMISSION OF THE PLANNING COMMISSION OR THE CITY OF RECORDED NOVEMBER 21, 1985. THE OUVENHAIN MUNICIPAL WATER DISTRICT CONSENTS TO THE RECORDATION OF THIS MAP AND HAS AUTHORIZED 15 GENERAL MANAGER TO SIGN THIS ENCINITAS OR ITS SUCCESSORS OR ASSIGNS. CERTIFICATE PURSUANT TO BOARD RESOLUTION NO. 87 -01, ADOPTED JANUARY (d) THAT THE TERMS. COVENANTS AND CONDITIONS SET FORTH HEREIN MAY BE SPECI FICALLY ENFORCED OR ENJOINED 8Y PROCEEDINGS IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA. 5, 1987. n� �� BY d� THE GRANT OF THIS EASEMENT AND ITS ACCEPTANCE BY THE CITY DATE DAVID C. McCOLLOM, GENERAL MANAGER OF ENCINITAS SHALL NOT AUTHORIZE THE PUBLIC OR MEMBERS THEREOF TO USE OR ENTER UPON ALL OR ANY PORTION OF THE SUBJECT LAND. IT BEING UNDERSTOOD THAT THE PURPOSE OF THIS EASEMENT IS SOLELY TO RESTRICT THE USES TO WHICH THE SUBJECT THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THE DEED OR LAND MAY BE PUT. GRANT DATED 2-20 °149® FROM CHRISTOPHER S. LLOYD AND GREGORY CLEARY TO CARDIFF THIS EASEMENT SHALL BIND THE GRANTOR AND ITS >'UCCESSORS AND SANITATION DISTRICT, A POLITICAL CORPORATION AND /OR GOVERNMENTAL AGENCY IS HEREBY ACCEPTED, INCLUDING ALL TERMS AND CONDITIONS CONTAINED IN THE CER71FICATE ON CITY OF ASSIGNS. ENCINITAS TENTATIVE PARCEL MAP NO. 89 -087 PARCEL MAP NO. 770$4, REGtTR FEBRUARY 26, 1993, BY ORDER OF THE CARDIFF SANITATION DISTRICT `3[ra.4EC AND THE GRANTEE CONSENTS TO THEREOF BY ITS DULY RUTH iZED OFFICER. THE SUBDIVIDER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF ENCINITAS AND ITS AGENTS, OFFICERS AND EMPLOYEES FROM ANY CLAIM, ACTION ^RECORDATION OR PROCEEDING AGAINST THE CITY OF ENCINITAS OR ITS AGENTS, OFFICERS AND QI�� By F \!i _ _ o EMPLOYEES TO ATTACK, SET ASIDE, V010 OR ANNUL AN APPROVAL FROM THE CITY DATE EBORAH CERVONE, CIERKJOF THE CARDIFF SANITATION DISTRICT OF ENCINITAS CONCERNING THIS SUBDIVISION WHEN SUCH ACTION IS BROUGHT WITHIN THE TIME PERIOD SPECIFIED IN GOVERNMENT CODE SECTION 66499.37. THIS CERTIFICATE I5 CONDITIONED UPON THE CITY OF ENCINITAS PROVIDING PROMPT NOTICE TO THE SUBDIVIDER AS PROVICED BY THE ACT (GOVERNMENT CODE SECTI ON 66479.9). 1. SANDRA HOLDER, SECRETARY OF THE PLANNING COMMISSION OF THE CITY OF ENCINITAS, HEREBY CERTIFY THAT THE PLANNING COMMISSION OF SAID CITY HAS REVIEWED THIS MAP ®® PURSUANT TO THE ENCINITAS MUNICIPAL CODE AND FOUND IT TO BE IN CONFORMANCE WITH 97 AND HAS ACCEPTED ON BEHALF OF EACH OFFEREE AND (� - _ °/t CHRISTOPHER S. OYJ,\ A MARRIED MAN AS 1415 SOLE AA/LJ DATE TENTATIVE MAP NO. -100 - GRANTEE, ON BEHALF OF THE PUBLIC, THE EASEMENT FOR OPP, SPACE OVER, UPON, ACROSS AND UNDER A PORTION OF LOTS 3, 4 AND 5, ALL AS SET FORTH ON THIS MAP, SUBJECT TO SEPARRTE PRdPERTY IMPROVEMENTS, IF ANY. BY:— ('h r -° BY: GREGORY CLEARY. A MARRIED MAN AS y/5 SOLE AND DATE DA ,�, SANDRA HC{DER, SECRETARY SEPARATE PROPERTY l,b 19. 1999 - 23 : 12:04 \5- L0t \^WGS \G5TM -FMI"DWG l101 O CONWAY & ASSOCIATES, INC. 135 I'VFRPOOL DRIVE CARDIFF -BY -THE -SEA, CA 92007 GRADING PLAN: 5259 -G A.P.N. 264 -241 -07 I, JON BLAKE, A LICENSED LAND SURVEYOR, STATE THAT THE SURVEY OF THIS SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECTION BETWEEN JULY 1, 1997 AND AUGUST 1. 1997 AND SAID SURVEY IS TRUE AND COMPLETE AS SHOWN THAT THE MONUMENTS ARE OF THE CHARACTCR AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET S) SON BLAKE 1.5. 4368 ! ��" k� 'T REGISTRATION EXPIRES 9/30/2001 DATE: ZS �l I, ALAN D. ARCHIBALD, CITY ENGINEER FOR THE CITY OF ENCINITAS, STATE THAT i HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF;, THAT ALL OF THE PROVISIONS OF THE SUBDIVISION MAP ACT AND TITLE 24 OF THE CITY OF ENCINITAS CODE HAVE BEEN COMPLIED WITH: AND THAT I AM SATISFIED THAT THIS MAP IS TECH NICA Y CORRECT. ALAN D. ARCHIBALD 1 CITY ENGINEER R.C.E. 21869 EXP. 9 -30 -2009 DATE: 3 31 —q8 \i I, THOMAS PASTUSZKA, CLERK OF THE BOARD OF SUPERVISORS, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING (a) DEPOSITS FOR TAXES, AND (b) CERTIFICATION OF THE ABSENCE OF LIENS FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED WITH CLERK OF THE BOARD BOARD OF SUPERVISORS DATE: L JAMES BENSON, CITY TREASURER OF THE CITY OF ENCINITAS, STATE OF CALIFORNIA, HEREBY CERTIFY THAT THERE ARE NO LIENS FOR UNPAID CITY TAXES OR UNPAID CITY BOND ISSUES UNDER ANY IMPROVEMENT ACTS OR IMPROVEMENT BOND ACT OF THE STATE OF CALIFORNIA SHOWING ON THE BOOKS OF THIS OFFICE, EXCEPT TAXES NOT YET PAYABLE AGAINST THE TRACT OR SUBDIVISION, OR ANY PART THEREOF, SHOWN ON THE ANNEXED MAP AND DESCRIBED IN THE CAPTION THEREOF. IN WITNESS HEREOF, I HAVE SET MY HAND THIS 1a.° l DAY OF�'QIL 1998 JAMffi BENSON, CITY TREASURER WE, COUNTY TREASURER —TAX COLLECTOR OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND DIRECTOR, DEPARTMENT OF PUBLIC WORKS OF SAID COUNTY, HEREBY CERTIFY THAT THERE ARE NO UNPAID SPECIAL ASSESSMENTS OR BONDS WHICH MAY BE PAID IN FULL, SHOWN BY THE BOOKS OF OUR OFFICES, AGAINST THE TRACT OR SUBDIVISION OR ANY PART THEREOF SHOWN ON THE ANNEXED MA^ AND DESCRIBED IN THE CAPTION THEREOF. PAUL BOLAND COUNTY TREASURER -TAX COLLECTOR DEPUTY DATE: STEPHEN W TNUNSERG DIRECTOR BY: DEPARTMENT OF PUBLIC WORKS FOR DIRECTOR DATE: FILE NO, 101V Q�?Z 7- I, GREGORY J. SMITH, RECORDER OF THE COUNTY OF SAN DIEGO, HEREBY CERTIFY THAT HAVE ACCEPTED FOR RECORDATION THIS MAP FILED AT THE EST OF JON BLAKE, THIS ,910 BAY OF_� 1998 AT A.M. DATE -y W ° W 9 BY: GREGORY SMIT¢. COUNTY RECORDER FEE: S 16.00 DEPUTY M.F. S -W THE SIGNATURES OF THE FOLLOWING OWNERS OF THE EASEMENTS INDICATED, HAVE BEEN OMIT 6436 SUBSECTION a 3 TED UNDER THE PROVISIONS OF SECTION b { ) { ) (A) (i) OF THE INTO A SUBDIVISION MAP ACT. THEIR INTERESTS ARE SUCH THAT THEY CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNANRES ARE NOT REQUIRED BY THE GOVERNING BODY, THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, HOLDER OF INTERESTS OR EASEMENTS FOR : EASEMENT FOR OPEN SPACE (AS SUCCESSOR IN INTEREST TO THE COUNTY OF SAN DIEGO) PER DCC. NO. 85- 033895 O.R. REC. JANUARY 31, 1985 ; EASEMENT FOR RECREATIONAL TRAIL PURPOSES TOGETHER WITH THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID EASEMENT AS SHOWN ON MAP 12816 RECORDED MAY 20, 1991. EASEMENT FOR OPEN SPACE AS SHOWN ON MAP 12816 RECORDED MAY 20, 1991 OUVENHAIN MUNICIPAL WATER DISTRICT, EASEMENT FOR WATER FACILITIES AND ACCESS PER DOCUMENTS RECORDED AS FILE NOS. 1996 - 0207710 & 11 O.R. REC. APRIL 25, 1955. DANIELS CABLEVISION INC., EASEMENT FOR CONSTRUCTING, MAINTAINING CABLE TELEVISION FACILITIES AND OTHER PURPOSES PER DOC. NO. 1994- 0224539 O.R. REC. APRIL 5, 1994.. EASEMENT FOR ROAD AND UT.UTY PURPOSES SHOWN AS "PROPOSED 32 FOOT PRIVATE ROAD EASEMENT" ON PARCEL MAP 17446 RECORDED NOVEMBER 14, 1994. EASEMENTS FOR INGRESS AND EGRESS, ROAD AND UTILITIES, AND RIGHTS INCIDENTAL THERETO, AS GRANTED/RESERVED BY VARIOUS INSTRUMENTS OF RECORD, ONE OF WHICH RECORDED NOVEMBER 30, 1994, AS FILE N0, 1994 - 0689420, OFFICIAL RECORDS. THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENTS. THE FOLLOWING EASEMENTS AFFECT THE REMAINDER PARCEL ONLY AND ARE NOT PLOTTED ON THIS MAP. SEE REMAINDER PARCEL NOTE ON SHEET NO. 4 : BARRATT AMERICAN INCORPORATED. TEMPORARY EASEMENT TO INSTALL IMPROVEMENTS, GRADING AND DRAINAGE AND OTHER PURPOSES AND RIGHTS INCIDENTAL THERETO, PER DOC. NO. 1991 - 0081600 O.R. RECORDED FEBRUARY 25, 1991. OLIVENHAIN MUNICIPAL WATER DISTRICT, EASEMENT FOR PIPE-NF PURPOSES PER DOCUMENT NO. 77- 296591 O.R. RECORDED JULY 25, 1977 ; SAN DIEGO GAS AND ELECTRIC COMPANY, EASEMENT FOR POLES AND APPURTENANCES PER DOCUMENT NO, 74- 042059 O.R. RECORDED FEBRUARY 20, 9974 ; PACIFIC TELEPHONE AND TELEGRAPH COMPANY, EASEMENT FOR UNDERGROUND COMMUNICATION STRUCTURES PER DOCUMENT NO. 77-170158 O.R. RECORDED MAY 5, 1977. THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, HOLDER OF INTERESTS OR EASEMENTS FOR : IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY PER DOCUMENT NO. 1991 - 0146055 O.R. RECORDED APRIL 2, 1991. IRREVOCABLE OFFER OF OPEN SPACE FOR FLOODPLAIN PURPOSES PER MAP 12816 RECORDED MAY 21, 1991 AS FILE NO. 1991 - 0238890 O.R. EASEMENT FOR RECREATIONAL TRAIL PURPOSES PER DOCUMENT NO. 1991 - 0201867 O.R. RECORDED MAY 2, 1991. EASEMENT fC)q ROAD AA10 uTACOTY PuRPOSE5 PE,Q DOCCIhtEAlT N0. 91-017372¢ O.R. RECORDED APRIL t9, (491 — 18. 1998 - 2-7 42 \5- LOT \—S\05Ty- F1al —,, PLOT 6 I' =1' CONWAY & ASSOCIATES, INC. 19R i,_'CP —nl 'PINx CARDIFF -BY -THE -SEA, CA 92007 MAP NO. A o1 i COVENANTS: COVENANT OF IMPROVEMENT REQUIREMENTS / BUILDING PERMIT PROHIBITION GRANTED TO THE CITY OF ENCINITAS BY DOCUMENTS NO. 1991- 0201873 THROUGH 77 ALL OF O.R. RECORDED MAY 2, 1991, AND 1 9 9 4- 01 36 480 O.R. RECORDED MARCH 1, 1994, AND 9994 - 0655403 THROUGH 05 ALL OF O.R. RECORDED NOVEMBER 10, 1994. FUTURE PARK, TRAFFIC AND DRAINAGE FEES ARE COVERED BY A COVENANT GRANTED TO THE CITY OF ENCINITAS BY DOCUMENT NO. 1998- 020OS59 O.R., RECORDED APRL- 9 . 1998. PRIVATE ROAD MAINTENANCE AGREEMENT FOR TIM 97 -100 IS COVERED IN DOCUMENT NO. 1998- 0200560 O.R., RECORDED A,lfX4 9 , 1998. FUTURE PUBLIC SEWER IMPROVEMENTS ARE COVERED'IN AN AGREEMENT FOR IMPROVEMENTS IN PUBLIC RIGHT -OF -WAY (LIEN CONTRACT) GRANTED TO THE CITY OF ENCINITAS BY DOCUMENT NO. 1998- OZOOSS7 O.R., RECORDED AA.t1L 9 1998. FUTURE PRIVATE ROAD IMPROVEMENTS FOR -iM 97 -;00 ARE COVERED IN DOCUMENT NO. 1998- OZOOSS$_O.R.. RECORDED .4PRtl 9 11 1998. lDOVE HOLLOSY `x I, 'ROAD (PRIVATE) 41 DOUBLE L Fj U °; RANCH ROAD Z - O1 ( PRIVATE) fl \,F"CP JACK �1 WCIN17Y MAP I tj NO SCALE GRADING PLAN: 5259 -C y A_PN. 264-241-07 STATE CF CALIFORNIA COUNTY OF SAN DIEGO ISIS �A*LWAA pwo u p� /� ON ®I' 20' G18 BEFORE MEJ U�QtN? , QV y,Zt PERSONALLY APPEAREDft fV-S. Lto 9 3 GryPfQOVU M'-al (OR PRIME 'i0 ME ON T.O. HE BASIS OF SATISFACTORY EVIDENCE} TO PERSON(,) NAME(S) TTo ME THATSCRII BEDE�T%iHEYEE WITHIN INSTRUMENT AND EXECUTED THE SAME IN HAI6fP9ER/THE RED AUTHORIZED CAPACITYQES) AND THAT BY HtE,1+iBR/THEIR SIGNATURE(,) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL IG ATURE -'- MY PRINCIPAL PLACE OF BUSINESS IS SAN DII COUN _ , STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55 ON 3 -4-�g BEFORE ME, MEL✓Y,,) J. RaA`/ PERSONALLY APPEARED A+, µn6 WJ ft PERSONALLY KNOWN TO CE)(TO BE THE PERSON(S) WHOSE NAME(S) % /ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT H&/FHE/THEY EXECUTED THE SAME IN H✓•S4iER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR SIGNATURES) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL SIGN ATURP v MY PRINCIPAL PLACE OF BUSINh,S IS SAN DIEGO COUNTY ^a —m, —, 5-rp,,ei;S 3- go--Sjr lelol I J, CITY OF ENCINITAS �>,®o -8- ® o U, LL 3 � Q haam 7-a`.° N�tN{�^yr,1� W _j <na� W„ 2N Lj 0N Vy l Ct1 ip �j p ° L1 !oa ^ U] W � b m D- ®� W CITY OF ENCINITAS �>,®o -8- ® o U, U7 (S 3°0718° � Q haam 7-a`.° N�tN{�^yr,1� W _j <na� O S W Lj 0N ° ® ®� Q IK ° L1 LLJ W ®jyt2m a R �e b 2Wco=Fa m Q Wg O�° tOAW ®� W 0 11 �i ma aW S'j N10°58')S U�� m za z L1, �SWS J m o 0 M M II TZ\d\ C7 CITY OF ENCINITAS ow m � Z � � m z 9620£ .96'lS£ 3 � ca zoo r a r rn z K Ma tiC�9¢ 11a�W .o A N�Z 117 U h i—UQ 3 O¢m ®g00o N 2 9h 0' a1s76` 0z 0 �N® N ® N 400.17 • - 1 � i! r y �� o F C7 h Q R LLJ o c5 'ice M� ° WO W zoo 1N- 245.00' ��°W� ® mW 7-o m� Z v1 Lvty v1N to hW �� ��j ° aZ cni-- o WQ v1e' �g,J m� OLu - I /° (� c4ia cQi� u HS a� nz ai 23 El Lc) CO lQ (' �p z LL J z z y z y z o m <� N ��yyyy U ° W U g --� 0 O ❑ O y N —Jorn o — U u zow /� o c! N 9 lL �>✓ ' Z W L 0- � � m ° � � r ~ L� ew a w � s u (N 2 °3456" w 345.83` CACC �j� �� rh FROM 3' 17377 & 17446 / 2� _� N 2°o3'c4° w 345.18° 245.2 ' ` 930.00'J' 740.00' N 2`03'04' IN 270.00` _ 301.04' �_ N 10°58'08 W I \ BOUNDARY Q�, m > KP iUh .'4 mP U ^OW Q MI Ll QOOi 4 bi LLJ z�s4 zo CL , 1i C17Y OF ENCINiTAS ���i� 2acQimoJ^ °wow X77- ••.,. LIL.vv W SUP97NStON BND .".1c N 2 3519" E 617-91 PM 97 448) �>,®o -8- ® o U, U7 (S 3°0718° � Q haam 7-a`.° N�tN{�^yr,1� W _j <na� O S W Lj 0N ° ® ®� Q IK ° L1 LLJ W ®jyt2m a S ��GZ °O l °� K° Q 2Wco=Fa m Q Wg O�° tOAW ®� W 0 11 �i ma aW S'j N10°58')S gOUNDARY I 620.00' W 130.00' /ice 245.00 \ ow m � Z � � m z 9620£ .96'lS£ 3 � ca zoo r a r rn z K Ma tiC�9¢ 11a�W .o A N�Z 117 U h i—UQ 3 O¢m ®g00o N 2 9h 0' a1s76` 0z 0 �N® N ® N 400.17 • - 1 � i! r y �� o F C7 h Q R LLJ o c5 'ice M� ° WO W zoo 1N- 245.00' ��°W� ® mW 7-o m� Z v1 Lvty v1N to hW �� ��j ° aZ cni-- o WQ v1e' �g,J m� OLu - I /° (� c4ia cQi� u HS a� nz ai 23 El Lc) CO lQ (' �p z LL J z z y z y z o m <� N ��yyyy U ° W U g --� 0 O ❑ O y N —Jorn o — U u zow /� o c! N 9 lL �>✓ ' Z W L 0- � � m ° � � r ~ L� ew a w � s u (N 2 °3456" w 345.83` CACC �j� �� rh FROM 3' 17377 & 17446 / 2� _� N 2°o3'c4° w 345.18° 245.2 ' ` 930.00'J' 740.00' N 2`03'04' IN 270.00` _ 301.04' �_ N 10°58'08 W I \ BOUNDARY Q�, m > KP iUh .'4 mP U ^OW Q MI Ll QOOi 4 bi LLJ z�s4 zo CL , 1i C17Y OF ENCINiTAS ���i� 2acQimoJ^ °wow X77- ••.,. LIL.vv W SUP97NStON BND .".1c N 2 3519" E 617-91 PM 97 448) �>,®o -8- mN U7 (S 3°0718° QWm haam 7-a`.° N�tN{�^yr,1� GIN ^"yd FW^ O S W QW^ U�� 07 � 0 &WQ nm�Vh W ®jyt2m a C- 0 °O l °� K° Q 2Wco=Fa m Q Wg O�° tOAW mO V Q 0 11 �i ma aW �Q W z�NoW �>,®o -8- mN /Z N�tN{�^yr,1� LL° u ^�FO m °QWii Qpmi^ry O S W ®� 4o2W LLJ =W °Y2NUW�K �W0 BW.J� 22y ® R2U� W ®jyt2m a Lu 0 °O l °� K° Q 2Wco=Fa m Q Wg O�° tOAW mO V Q 1CQE (f) CW m Z 2d4 O O O_ O II L o U 0 O Feb 24, 1999 - 21'.29:24 \5- L0T \-S\05tH -FM3- PLCT ® 1' =1G0' l.Hli: �.ttJRV II ULl. JGC+-i tv� GRADING PLAN: 5259 -G B �t ®1 CONWAY & ASSOCIATES, INC. A.F.N. 2C4- 241 -07 135 LIVERPOOL DRIVE CARDIFF -BY -THE -SEA, CA 92007 '1— FFMTT -F a • v \ � - THE BASIS OF BEARINGS FOR THIS SURVEY' IS THE CCS N.4D -83, OUOT"D BEARINGS ARE NOT IN TERMS OF SAID SYSTEM e \ ZONE 6, GRID BEARINGS BETWEEN COUNTY OF SAN DIEGO AT '133W 030 ECC' THE MAPPING ANGLE !S: - 037'45" o \ STA IT 133W 030 ECC AND °733W 039° AS SAID STATIONS THE COMBINED GRID FACTOR IS: 0.99995362 DNS \ ARE PUBLISHED BY THE COUNTY OF SAN DIEGO. GRID DISTANCE z GROUND DISTANCE x COMBINED FACTOR o \ I.E. SOUTH 8932'33' EAST EASEMENT DATA 32' ROAD EASEMENT �T z mo 71 NE O/yLr j��O /V�V "133W 030° SS PER PRIVATE RECORDED 1120190 o \ Al 5 "x5' CONIC WON LS 2341 AT V4 S8 AS F/P NO. 90-0624192 O.R. SHOWN FCR INFORMATION ONLY 60' OFFER OF DEDICATION z 1 \ N 9,968,860.308 PUBLISHED DATA p p E 6,266,655.980 OF DOUBLE LL RANCH POSES FOR �r PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED 04102199 PE LINE ONLY \ 7 N 9W41' W 7.37' MEASURED AS FIR NO. 91 - 0146 056 O.R. 5 82RJ1'23° E 3327.07 GROUND - rte- \ BASIS OF NAD -83 BEARINGS Q 32' PRIVATE ROAD EASEMENT 1 —' ------------------- - - - - -- PER DOCUMENT RECORDED 4119191 3326.92 GRID S 8932 "33° E 2699.58 RECORD GRID AS F/P . J. 91-0178724 O.R. ! 2619.79 MEASURED GRID D '933W 030 ECC" ° USED FOR COORDINATES & LINE 2699.91 MEASURED GROUND Q 32' PRIVATE ROAD EASEMENT PER �, FD 2' PIPE & CO OF 50 DISC ��1�00o PARCEL MAP 97446 FILED IN THE N 1,968,852.81E \ OFFICE OF THE COUNTY RECORDER OF Y �"� '733W 037" -USED FOR LINE ONLY PUBLISHED DATA E 6,266,657221 FD 2' PIPE & DISC RCE 26525 SAN DIEGO COUNTY, CALIFORNIA, ON > ELEV 350.37 NOVEMBER 14, 1994. 2G0' 100' 0 200' 400' A I' I EXISTING 32' PRIVATE ROAD EASEMENT `E) cres N 7,968,831.906 {� ALSO SEE EASEMENT DATA C D Q �pRiyF'�� %� PUBLISHED DATA E 6,269,276,713 '--' MAPPR2816 FILED /N EASEMENT PER Ir - -- ____ -_ / E Y^' OTFiCE OF THE COUNTY RECORDER Of SCALE: 1° =200' V Ii / OpD �� -r/ `C� S,4N DIEGO COUNTY, CALIFORNIA ON - .- .- ._. -. -. �r��___ _RUBLE R \cal MAY 29. 9991. �} r Rip{ ,% EASEMENT TO OANIELS CABLEViSiON INC - = _ - C - -- PER DOC. NO. 7994 - 0224539 IS GENERAL IN NATURE AND CANNOT BE PL07TED HEREON. E A DETAIL A: BASIS OF BEARINGS & CCS NAD ®83 TIE SCALE: 1" - 200' LOT 4 L LOT 5 N 90 58 W 245.19` �J-- --�� 7 — — — — m 71 145.82' —� N 90°58'08° W LOT 1 N 10°58'08' W SUBDIVISION b N 799J4'00° E BOUNDARY — — — 16.00' SUBDIVISION BOUNDARY p C I I PAM 17446 ��� N SCALE: 1' = 10' Q PROPOSED PRIVATE & EASEMENT TO OUVENHAIN MUNICIPAL ROAD EASEMENT WATER DISTRICT GRANTED AND ACCEPTED HEREON QB PUBLIC SEWER EASEMENT GRANTED AND ACCEPTED HEREON PRIVATE ROAD NOTES PRIVATE ROADS SHALL BE MAINTAINED IN ACCORDANCE WITH PRIVATE ROAD MAINTENANCE AGREEMENT RECORDED NOVEMBER 20, 1990 AS DOC. NO. 90- 0624192 O.R. AND IN ACCORDANCE WITH PRIVATE ROAD MAINTENANCE AND COST SHARING AGREEMENT RECORDED MARCH 27, 1992 AS DOC. NO. 1992-0175474 AND IN ACCORDANCE WITH PRIVATE ROAD MAINTENANCE AGREEMENT RECORDED NOVEMFEP. 10, 1994 AS DOC. NO. 1994- 0656460 ALL OF OFFICIAL RECORDS. THE PRIVATE ROAD EASEMENT SHALL BE GRANTED BY THE OWNERS OF EACH PARCEL FOR THE BENEFIT OF ALL OTHER OWNERS CONCURRENTLY WITH THE TRANSFER OF TITLE FOR EACH PARCEL AND SHALL BE PRIVATCLY MAINTAINED. IT 1S THE RESPONSIBILITY OF THE DEVELOPER TO PROVIDE INSURABLE ACCESS TO EACH ARCEL CREATED BY THIS MAP. REMAINDER PARCEL NOTE PURSUANT TO SEC77ON 66445 OF THE SUBDIVISION MAP ACT, THE AREA AND SURVEY DATA FOR THE REMAINDER PARCEL IS NOT SHOWN. NO BUILDING PERMIT SHALL BE ISSUED FOR THE REMAINDER PARCEL UNTIL IT IS FURTHER SUBDIVIDED PURSUANT TO THE PROVISIONS OF TITLE 24 OF THE CITY OF ENCINITAS MUNICIPAL CODE. SOLAR STATEMENT ALL PARCELS MTHIN THIS SUBDIVISION ' AVE A MINIMUM OF ONE HUNDRED (1 00) SOUARE FEET OF SOLAR ACCESS FOR EACH FUTURE DWELLING UNIT ALLOWED BY THIS SUBDIVISION IN ACCORDANCE WITH SECTION 24.27.010 OF THE CITY OF ENCINITAS MUNICIPAL CODE Feb 24, 1998 - 2118:03 \5- LOT \DWGS \05:W -FM4ZO PLOT 0 1- =200' GRADING PL A1V,v 5259 `G , rV ' C ENCINTAS TM 7 ®1 CONWAY & ASSOCIATES, INC. A.P.I.. 264 - 241 -07 135 LIVERPOOL DRIVE CARDIFF BY THE SEA CA 92007 w „ 6M *' CITY OF ENCINITAS TRACT 97 -100 I - I V \L_IVin 1VL_i\ i 1�1 \vL_L_ REMAINDER ?, ; ,° 446 PARCEL SUBDIVISION N 70°58'08" W 620.00' BOUNDARY 130.00' 245.00' 245.00' 05 p- 47°22'77' ° °0'`52 2 SHEET 5 OF 5 SHEETS �VIAAP 1,25316 SUBDIVSION FO 314" PIPE & DISC BOUNDARY LS 4813 PER PM 17446 IN CONCRETE FENCE POST FOOTING - 0 - 6 1 9 / R = 245.06 � `O tJ p = 42°3908" L = 202.56' P. = z�5.00' Nb Q` w a� 9• _ oN. / N 775.00• p 1� J 9 ^✓'.,+ s`r N 70°58'03" W SCALE 7' - 50' _ L�� EASEMENT DATA — ALSO SEE SHEET 4 Q7 WESTERLY LINE OF EXISTING OPEN SPACE EASEMENT TO ASSURE APPROVAL OF A GEOTECHNICAL REPORT PER DOC. NO, 85- 033895 RECORDED 1137185. EASEMENT EXTENDS EASTERLY TO LONE JACK ROAD. Q OPEN SPACE EASEMENT FOR THE PRESERVATION OF STEEP SLOPES GRANTED HEREON SUBDIVISION BOUNDARY EXISTING EASEMENT TO OLIVENHAIN MUNICIPAL n WATER DISTRICT .. r .� �;�` i Feb 24, 1 8 - 21:34::8 \5 -L0T \DWG$ \05W V5 GRADING P LAN: .DWG PLOP ®1 " =5D' ®F— ® y' I A, ' .` ®7 5259 -G O® CONWAY & ASSOCIATES, "IC. A.P.N. 264 - 241 -07 135 LIVERPOOL DRIVE CARDIFF-BY-T., SEA, _ _0 _` - �,,. � „F I ,Hii�il ii�ryll.la itlllll�ll�lll{1 I :�Ilalil; i1- IIII�IIrll IIIhI� n NJ 2... m m Z -31.W 0 250.84' 30L36' Z N 1058'08° W W 24758• 2 N :39J0'36' / 40.00' / QO 00 5 ^YI �°o. 18323. _ Y.> 1LL"Jll N2° 4).5J' 1V 4331" 1 s' 161.08' N24 =3/ W 50 -_ 'S'h h 6q 94.00. S Op2 bry ( iP W o S� 0, 10=. \4 03844LOT n 3 p n Z N LOT 4 W 2 g EASEMENT TO OLIYENHAIN � `-° LOT 5 36° (W MUNICIPAL WATER Zip e J 30) 6 (R 9 ,.� o. c>- h !n DISTRICT GRANTED AND bk o p ACCEPTED HEREON w & SEE DETAIL 8, SHEET 4 SUSDIWSION BOUNDARY 3,5p9 s PROPOSED 32' PRIVATE / Q4 J`I° z ROAD EASEMENT ` i 159 68' EXIST 32' PRIVATE ROAD EASEMENT 245.19° 10' CUL -DE -SAC TOTAL_ ' 735.83' _ — 245.79' _ —1 A = 252 °40'20' S 79`01'52' W 237.76 N 70'58'08` W 245.00° _ — — — R = 44.00' L = 194.03' 20.00' ? ?34' - —— — -- — — — ® =78 0'47° 23781® — 34.00• / I 135.83' 145.82' EXISTING 20' CALLE MARGARITA 't' SEWER EASEMENT R= 44.00' .� L= 60.76' \ AD 20' SEWER EASEMENT ��xo {� PER PM 77446 �L- g, GRANTED AND W h LOT 2 �\ o� ACCEPTED HEREON I W o BOUNDARY 80UNOARY AD �0 `'° LOT 1 w Pv Z DETAIL C SCALE 7' - 50' _ L�� EASEMENT DATA — ALSO SEE SHEET 4 Q7 WESTERLY LINE OF EXISTING OPEN SPACE EASEMENT TO ASSURE APPROVAL OF A GEOTECHNICAL REPORT PER DOC. NO, 85- 033895 RECORDED 1137185. EASEMENT EXTENDS EASTERLY TO LONE JACK ROAD. Q OPEN SPACE EASEMENT FOR THE PRESERVATION OF STEEP SLOPES GRANTED HEREON SUBDIVISION BOUNDARY EXISTING EASEMENT TO OLIVENHAIN MUNICIPAL n WATER DISTRICT .. r .� �;�` i Feb 24, 1 8 - 21:34::8 \5 -L0T \DWG$ \05W V5 GRADING P LAN: .DWG PLOP ®1 " =5D' ®F— ® y' I A, ' .` ®7 5259 -G O® CONWAY & ASSOCIATES, "IC. A.P.N. 264 - 241 -07 135 LIVERPOOL DRIVE CARDIFF-BY-T., SEA, _ _0 _` - �,,. � „F I ,Hii�il ii�ryll.la itlllll�ll�lll{1 I :�Ilalil; i1- IIII�IIrll IIIhI� n CITY !I FIvi ,I I 4 PCL i EMSTINC PCC DITCH I IT \} / W Vier i z IN \ RG"A 3 p A pG 4� \t y y \l. bN OP z N 7 -1 I I :It "XEN MAR �FH ,. , O i I GP 'SE WI O2 r PMFRGARITA'E Np S } EX ', ;ANOUT k FUL?bE / Qm O i 1 vi "i Q�'C'N- �•P.I 211 g,,C REDO E , I' � �1�d (XIST ACS \ tr P N U ' _ y G I yy£k N T8 30 END m N I 914 POUND AR1`� i i t'S = SUBDV �EPSH,P 11 Q _ D ePA SRAT A PART 4 # '•,„ NpT \c`\ `\ I 78 / R �a o SEMG \ V Z IPEFNT'MO Z4 N^Ii �t�\U80 ffo EXIST 8' RECREATIONAL TRAIL EASEMENT PER MAP 12816 Pivi /1 �� EXIST PRIVATE 18'� �I Ted! OF ENCINITAS - L'RCP STORM DRAIN Q 1 DIVISION OF A JY 1� f PARCEL OF LAND SHOWN ON A PREVIOUS I PARCEL MAP AS A "REMAINDER P LD i O PTvil 1 b421 P P 1 PCL JNAL EASEMENT \ \ N 21' 04' 36' E_-----, 1 / O O 11 wi la. Iss-r - ,lsz�s U t✓1 <1 P \s- .nnoucs \s,M- oiizowc asol o I =,00 OF ENCINITAS - - TENTATIVE M MAP THiS MAP IS A PROPOSED D DIVISION OF A PARCEL OF LAND SHOWN ON A PREVIOUS I PARCEL MAP AS A "REMAINDER P PARCEL" P'� Z146J I PTvil 1 b421 P P 1 PCL JNAL EASEMENT \ \ N 21' 04' 36' E_-----, 1 1658' 3 © 100' 63.42' 36' 20' O6" ® 44' 53.73' 69 58' 10" © 44' 6018' 78' 21' 44" (� 44' 52.22' 68' 00' 13° 44' 27.90' 36' 20' 06° REMAINDER PARCEL 41.3 AC o PROPOSED ED OPEN SPACE EASEMENT FAS OF PAOP09E0 LOTS 3, 4 &5. R - 390.00' '� •' = 90.23' EXIST 8' RECREATIONAL I TRAIL EASEMENT PER��� i MAP 12816 M m N 6'15'08 "E�l, 11 o 279.22' , 1I O J R 330.00' J 11 y L 49.99' - -' Q 8' 40''i4' / 111 A GRAPHIC SCALE N 2' 25' 35' W 166.39 N 0 100 200 300 400 5GO / 11 i NESiERLY LINE OF AN EXISTING OPEN I �l EXISIING STORM SPACE EASEMENT TO ASSURE APPROVAL Ol' L, I A GEOTECHNICAL REPORT PER DOC. NO. DRAIN EASEMENT 65- 033895 RECORDED 1131185 EASEMENT ]/� %l I k 18' RGP SOS EXTENDS EASTERLY TO LONE JACK ROAD. 1 r� OPEN SPACE EASEMENT F \/ Ijj - GRANTED ON MAP PURPOSES 28�� FLOOOPLAIN N 25' 44' 15' W Y I 17536' R = 570 :00'�___�`_- ROAD G 24' PRIVATE / 60' OFFER OF DEDICATION 1 L = 64.48' / W OF DOUBLE LL RANCH OAD FOR Q = 6' 28' 53' PUBLIC EXISTING SO INLETS / PER DOCUMENT RECORDED 04/02/91 P AS FVP NC 9i- 014801 O.R. -Y PCL. /} / "1 1 ! 44' 6' / N PER POCUMENT RECORDEDETif /20190 / r / 2 AS F/P NO. 90- 0624192 O.R. / I 08' L0 -- _� —�— Al 78• � 1000.00' N 69\ 3,9643 W R 56039' i/ N \80,%NO ycf� \� 32' OB 29 i' SUBD`Jj5`O \\ 24' IMPROVED O 37.3 1 \\ DOUBLE LL RANCH ROAD 24' IMPROVED f -WD UNIT 'K• AQUEDUCT 30' ST- i LC-)-f J a — -- — —/ LOT I L l 32' EASEMENT PRIVAM ROAD I �f EXISTING 30'R PIPELINE uMENrEASEMENT zssss Iv "lY I � 16 RED 7125177 I NOT A PART a• \ 4 1 ac n THE SUBDIVIDER AGREES N DEFEND, INDEMNIFY AND HOLD I HARMLESS THE CITY OF ENCINITAS AND ITS AGENTS, OFFICERS -- s �I AND EMPLOYEES FROM ANY CLAIM, ACTION OR PROCEEDING I 3' ac uKracrrvc AGAINST THE CITY OF ENCINITAS OR ITS AGENTS, OFFICERS s OR EMPLOYEES TO ATTACK, SET ASIDE, VOID OR ANNUL AN A— eASE APPROVAL FROM THE CITY OF ENCINITAS CONCERNING THIS I TYPICAL SECTION - CALLf MARGARITA (PRl VA7E RO SUBDIVISION WHEN SUCH ACTON IS BROUGHT WITHIN THE i / 77ME PERIOD SPECIFIED BY GOV. CODE SECTION 66499.37. No A J 2 1 J / THIS CERTIFICATE IS CONDITIONED UPON RTE CITY Of � THIS IS ALSO A TYPICAL SECTION OF THE sG ENCINITAS PROVIDING PROMPT NOTICE TO THE SUBDIVIDER PROPOSED PRIVATE ROAD EXTENSION AS PROVIDED BY THE SUBDIVISION MAP ACT. SHEET 1 OF 1 OWNERS' CERTIFICATE (OWNERS AND SUBDIVIDERS): WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE PROPERTY SHOWN ON THIS TENTATIVE MAP AND SAID MAP SHOWS OUR ENTIRE CONTIGUOUS OWNERSHIP. WE UNDERSTAND THAT PROPERTY IS CONSIDERED CONTIGUOUS EVEN IF IT IS SEPARATED BY ROADS, STREETS, UTILITY EASEMENTS OR RAILROAD RIGHTS-OF-WAY / MAY 18, 1997 MICHAEL K. PASKO DATE FOR CONWAY & ASSOCIATES, INC. SEE LETTER Of AUTHORIZATION ON FILE WITH THE CITY OF 'ENCINITAS CHRISTOPHER S. LLOYD, OMER GREGORY CLEARY, OWNER 4 OWNERS' ADDRESS. 2572 LONE JACK ROAD, ENCINITAS CA 92024 (760) 634 -5774 ASSESSOR'S PARCEL NUMBER: 264 - 241 -07 LAMBERT COORDINATES: 326 -1701 TOTAL LOTS: i EXISTING ; 5 RESIDENTIAL LOTS & 1 REMAINDER PARCEL PROPOSED; NO OPEN SPACE LOTS PROPOSED TOTAL ACREAGE: 54.49 ACRES LEGAL DESCRIPTION : REMAINDER PARCEL OF PARCEL MAP NO. 17446 ACCORDING TO PARCEL MAP THEREOF NO. 17446 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON NOVEMBER 14, 1994. GENERAL PLAN DESIGNATION ESTATE RESIDENTIAL PRESENT AND RURAL RESIDENTIAL ZONE RR, ONSITE AND PROPOSED ADJACENT TO THE SITE ZONING USE REGULATIONS. RR DENSITY ((MAX): 0.25 -05 SLOPE DER. DENSITY (MID-RANGE): 0.125 -0.38 SLOPE DEP. OR TH NET LOT AREA 21 4 OR 8 AC SLOPE DEP. LOT WIDTH 110' 100' CUL-DE-SAC WIDTH. 30' AT FRONT SETBACK LOT DEPTH 150' FRONT YARD SE� 30' SIDE YARD SB- 15' REAR YARD SB: 25' LOT _11C11— M ^. XI.MUM BUILDING HEIGHT. 22'126' SEE ORDINANCE PRESENT AND PROPOSED USE ' PRESENT USE 1 RESIDENTIAL LOT PROPOSED 5 RESIDENTIAL LOTS. ACCESS ACCESS IS FROM DOUBLE LL RANCH ROAD, A PRIVATE STREET WHICH CONNECTS TO LONE JACK ROAD, A PUBLIC ROAD UTILI RESISERVICES. _ _ _ _ _ _ _ _ WATER: OLIVENHAIN MUNICIPAL WATER DISTRICT (OMWD) DOVE HOLLOW ROAD D SEWER: CARDIFF SANITATION DISTRICT (CSD) ELEMENTARY SCHOOL: ENCINITAS SCHOOL DISTRICT (PRIVATE ROAD] HIGH SCHOOL: SAN DIEGUITO UNION HIGH SCHOOL DISTRICT FIRE ENCINITAS FIRE PROTECTION DISTRICT GAS & ELECTRIC: S.D.G. & E ' TOPOGRAPHY.' SOURCE FOR THIS MAP WAS ZENITH AERIAL INC. GROUND CONTROL BY CONWAY & ASSOCIATES INC. 8 GRADING NOTE: NO LOT GRADING IS PROPOSED IN CONNECTION WITH \ THIS MAP. EACH OF THESE PROPOSED CUSTOM LOTS WILL REQUIRE A CITY- APPROVED GRADING PLAN PRIOR TO ISSUANCE OF A BUILDING \ PERMIT. \ SPECIAL DISTRICTS: NONE PROP SED MAP PREPARED BY.- ���7C MICHAEL K. PASKO ROD 41022 EXP. 3131199 DATE PREPARED t 5117197 \� DATE MODIFIED 7114197 CONWAY & ASSOCIATES INC. 135 LIVERPOOL DRIVE SUITE A CARDIFF -BY- THE -SEA, CALIFORNIA 92007 \\ \ (760)753-1453 gYgF' IN °a & a Q ¢ OOYE HOLLOW RO. \\ U F (PRI VA T£) \ \� �2 RO. DOUBLE LL %T_ L \\ I RANCH ROAD ' AD) 2 ti (PRIVATE) IE \ LONE _ ENCINjTAS - / \ VICINITY MAP sCALE REMAINDER PARCEL 41.3 AC o PROPOSED ED OPEN SPACE EASEMENT FAS OF PAOP09E0 LOTS 3, 4 &5. R - 390.00' '� •' = 90.23' EXIST 8' RECREATIONAL I TRAIL EASEMENT PER��� i MAP 12816 M m N 6'15'08 "E�l, 11 o 279.22' , 1I O J R 330.00' J 11 y L 49.99' - -' Q 8' 40''i4' / 111 A GRAPHIC SCALE N 2' 25' 35' W 166.39 N 0 100 200 300 400 5GO / 11 i NESiERLY LINE OF AN EXISTING OPEN I �l EXISIING STORM SPACE EASEMENT TO ASSURE APPROVAL Ol' L, I A GEOTECHNICAL REPORT PER DOC. NO. DRAIN EASEMENT 65- 033895 RECORDED 1131185 EASEMENT ]/� %l I k 18' RGP SOS EXTENDS EASTERLY TO LONE JACK ROAD. 1 r� OPEN SPACE EASEMENT F \/ Ijj - GRANTED ON MAP PURPOSES 28�� FLOOOPLAIN N 25' 44' 15' W Y I 17536' R = 570 :00'�___�`_- ROAD G 24' PRIVATE / 60' OFFER OF DEDICATION 1 L = 64.48' / W OF DOUBLE LL RANCH OAD FOR Q = 6' 28' 53' PUBLIC EXISTING SO INLETS / PER DOCUMENT RECORDED 04/02/91 P AS FVP NC 9i- 014801 O.R. -Y PCL. /} / "1 1 ! 44' 6' / N PER POCUMENT RECORDEDETif /20190 / r / 2 AS F/P NO. 90- 0624192 O.R. / I 08' L0 -- _� —�— Al 78• � 1000.00' N 69\ 3,9643 W R 56039' i/ N \80,%NO ycf� \� 32' OB 29 i' SUBD`Jj5`O \\ 24' IMPROVED O 37.3 1 \\ DOUBLE LL RANCH ROAD 24' IMPROVED f -WD UNIT 'K• AQUEDUCT 30' ST- i LC-)-f J a — -- — —/ LOT I L l 32' EASEMENT PRIVAM ROAD I �f EXISTING 30'R PIPELINE uMENrEASEMENT zssss Iv "lY I � 16 RED 7125177 I NOT A PART a• \ 4 1 ac n THE SUBDIVIDER AGREES N DEFEND, INDEMNIFY AND HOLD I HARMLESS THE CITY OF ENCINITAS AND ITS AGENTS, OFFICERS -- s �I AND EMPLOYEES FROM ANY CLAIM, ACTION OR PROCEEDING I 3' ac uKracrrvc AGAINST THE CITY OF ENCINITAS OR ITS AGENTS, OFFICERS s OR EMPLOYEES TO ATTACK, SET ASIDE, VOID OR ANNUL AN A— eASE APPROVAL FROM THE CITY OF ENCINITAS CONCERNING THIS I TYPICAL SECTION - CALLf MARGARITA (PRl VA7E RO SUBDIVISION WHEN SUCH ACTON IS BROUGHT WITHIN THE i / 77ME PERIOD SPECIFIED BY GOV. CODE SECTION 66499.37. No A J 2 1 J / THIS CERTIFICATE IS CONDITIONED UPON RTE CITY Of � THIS IS ALSO A TYPICAL SECTION OF THE sG ENCINITAS PROVIDING PROMPT NOTICE TO THE SUBDIVIDER PROPOSED PRIVATE ROAD EXTENSION AS PROVIDED BY THE SUBDIVISION MAP ACT. SHEET 1 OF 1 OWNERS' CERTIFICATE (OWNERS AND SUBDIVIDERS): WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE PROPERTY SHOWN ON THIS TENTATIVE MAP AND SAID MAP SHOWS OUR ENTIRE CONTIGUOUS OWNERSHIP. WE UNDERSTAND THAT PROPERTY IS CONSIDERED CONTIGUOUS EVEN IF IT IS SEPARATED BY ROADS, STREETS, UTILITY EASEMENTS OR RAILROAD RIGHTS-OF-WAY / MAY 18, 1997 MICHAEL K. PASKO DATE FOR CONWAY & ASSOCIATES, INC. SEE LETTER Of AUTHORIZATION ON FILE WITH THE CITY OF 'ENCINITAS CHRISTOPHER S. LLOYD, OMER GREGORY CLEARY, OWNER 4 OWNERS' ADDRESS. 2572 LONE JACK ROAD, ENCINITAS CA 92024 (760) 634 -5774 ASSESSOR'S PARCEL NUMBER: 264 - 241 -07 LAMBERT COORDINATES: 326 -1701 TOTAL LOTS: i EXISTING ; 5 RESIDENTIAL LOTS & 1 REMAINDER PARCEL PROPOSED; NO OPEN SPACE LOTS PROPOSED TOTAL ACREAGE: 54.49 ACRES LEGAL DESCRIPTION : REMAINDER PARCEL OF PARCEL MAP NO. 17446 ACCORDING TO PARCEL MAP THEREOF NO. 17446 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON NOVEMBER 14, 1994. GENERAL PLAN DESIGNATION ESTATE RESIDENTIAL PRESENT AND RURAL RESIDENTIAL ZONE RR, ONSITE AND PROPOSED ADJACENT TO THE SITE ZONING USE REGULATIONS. RR DENSITY ((MAX): 0.25 -05 SLOPE DER. DENSITY (MID-RANGE): 0.125 -0.38 SLOPE DEP. OR TH NET LOT AREA 21 4 OR 8 AC SLOPE DEP. LOT WIDTH 110' 100' CUL-DE-SAC WIDTH. 30' AT FRONT SETBACK LOT DEPTH 150' FRONT YARD SE� 30' SIDE YARD SB- 15' REAR YARD SB: 25' LOT _11C11— M ^. XI.MUM BUILDING HEIGHT. 22'126' SEE ORDINANCE PRESENT AND PROPOSED USE ' PRESENT USE 1 RESIDENTIAL LOT PROPOSED 5 RESIDENTIAL LOTS. ACCESS ACCESS IS FROM DOUBLE LL RANCH ROAD, A PRIVATE STREET WHICH CONNECTS TO LONE JACK ROAD, A PUBLIC ROAD UTILI RESISERVICES. _ _ _ _ _ _ _ _ WATER: OLIVENHAIN MUNICIPAL WATER DISTRICT (OMWD) DOVE HOLLOW ROAD D SEWER: CARDIFF SANITATION DISTRICT (CSD) ELEMENTARY SCHOOL: ENCINITAS SCHOOL DISTRICT (PRIVATE ROAD] HIGH SCHOOL: SAN DIEGUITO UNION HIGH SCHOOL DISTRICT FIRE ENCINITAS FIRE PROTECTION DISTRICT GAS & ELECTRIC: S.D.G. & E ' TOPOGRAPHY.' SOURCE FOR THIS MAP WAS ZENITH AERIAL INC. GROUND CONTROL BY CONWAY & ASSOCIATES INC. 8 GRADING NOTE: NO LOT GRADING IS PROPOSED IN CONNECTION WITH \ THIS MAP. EACH OF THESE PROPOSED CUSTOM LOTS WILL REQUIRE A CITY- APPROVED GRADING PLAN PRIOR TO ISSUANCE OF A BUILDING \ PERMIT. \ SPECIAL DISTRICTS: NONE PROP SED MAP PREPARED BY.- ���7C MICHAEL K. PASKO ROD 41022 EXP. 3131199 DATE PREPARED t 5117197 \� DATE MODIFIED 7114197 CONWAY & ASSOCIATES INC. 135 LIVERPOOL DRIVE SUITE A CARDIFF -BY- THE -SEA, CALIFORNIA 92007 \\ \ (760)753-1453 gYgF' IN °a & a Q ¢ OOYE HOLLOW RO. \\ U F (PRI VA T£) \ \� �2 RO. DOUBLE LL %T_ L \\ I RANCH ROAD ' AD) 2 ti (PRIVATE) IE \ LONE _ ENCINjTAS - / \ VICINITY MAP sCALE R 330.00' J 11 y L 49.99' - -' Q 8' 40''i4' / 111 A GRAPHIC SCALE N 2' 25' 35' W 166.39 N 0 100 200 300 400 5GO / 11 i NESiERLY LINE OF AN EXISTING OPEN I �l EXISIING STORM SPACE EASEMENT TO ASSURE APPROVAL Ol' L, I A GEOTECHNICAL REPORT PER DOC. NO. DRAIN EASEMENT 65- 033895 RECORDED 1131185 EASEMENT ]/� %l I k 18' RGP SOS EXTENDS EASTERLY TO LONE JACK ROAD. 1 r� OPEN SPACE EASEMENT F \/ Ijj - GRANTED ON MAP PURPOSES 28�� FLOOOPLAIN N 25' 44' 15' W Y I 17536' R = 570 :00'�___�`_- ROAD G 24' PRIVATE / 60' OFFER OF DEDICATION 1 L = 64.48' / W OF DOUBLE LL RANCH OAD FOR Q = 6' 28' 53' PUBLIC EXISTING SO INLETS / PER DOCUMENT RECORDED 04/02/91 P AS FVP NC 9i- 014801 O.R. -Y PCL. /} / "1 1 ! 44' 6' / N PER POCUMENT RECORDEDETif /20190 / r / 2 AS F/P NO. 90- 0624192 O.R. / I 08' L0 -- _� —�— Al 78• � 1000.00' N 69\ 3,9643 W R 56039' i/ N \80,%NO ycf� \� 32' OB 29 i' SUBD`Jj5`O \\ 24' IMPROVED O 37.3 1 \\ DOUBLE LL RANCH ROAD 24' IMPROVED f -WD UNIT 'K• AQUEDUCT 30' ST- i LC-)-f J a — -- — —/ LOT I L l 32' EASEMENT PRIVAM ROAD I �f EXISTING 30'R PIPELINE uMENrEASEMENT zssss Iv "lY I � 16 RED 7125177 I NOT A PART a• \ 4 1 ac n THE SUBDIVIDER AGREES N DEFEND, INDEMNIFY AND HOLD I HARMLESS THE CITY OF ENCINITAS AND ITS AGENTS, OFFICERS -- s �I AND EMPLOYEES FROM ANY CLAIM, ACTION OR PROCEEDING I 3' ac uKracrrvc AGAINST THE CITY OF ENCINITAS OR ITS AGENTS, OFFICERS s OR EMPLOYEES TO ATTACK, SET ASIDE, VOID OR ANNUL AN A— eASE APPROVAL FROM THE CITY OF ENCINITAS CONCERNING THIS I TYPICAL SECTION - CALLf MARGARITA (PRl VA7E RO SUBDIVISION WHEN SUCH ACTON IS BROUGHT WITHIN THE i / 77ME PERIOD SPECIFIED BY GOV. CODE SECTION 66499.37. No A J 2 1 J / THIS CERTIFICATE IS CONDITIONED UPON RTE CITY Of � THIS IS ALSO A TYPICAL SECTION OF THE sG ENCINITAS PROVIDING PROMPT NOTICE TO THE SUBDIVIDER PROPOSED PRIVATE ROAD EXTENSION AS PROVIDED BY THE SUBDIVISION MAP ACT. SHEET 1 OF 1 OWNERS' CERTIFICATE (OWNERS AND SUBDIVIDERS): WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE PROPERTY SHOWN ON THIS TENTATIVE MAP AND SAID MAP SHOWS OUR ENTIRE CONTIGUOUS OWNERSHIP. WE UNDERSTAND THAT PROPERTY IS CONSIDERED CONTIGUOUS EVEN IF IT IS SEPARATED BY ROADS, STREETS, UTILITY EASEMENTS OR RAILROAD RIGHTS-OF-WAY / MAY 18, 1997 MICHAEL K. PASKO DATE FOR CONWAY & ASSOCIATES, INC. SEE LETTER Of AUTHORIZATION ON FILE WITH THE CITY OF 'ENCINITAS CHRISTOPHER S. LLOYD, OMER GREGORY CLEARY, OWNER 4 OWNERS' ADDRESS. 2572 LONE JACK ROAD, ENCINITAS CA 92024 (760) 634 -5774 ASSESSOR'S PARCEL NUMBER: 264 - 241 -07 LAMBERT COORDINATES: 326 -1701 TOTAL LOTS: i EXISTING ; 5 RESIDENTIAL LOTS & 1 REMAINDER PARCEL PROPOSED; NO OPEN SPACE LOTS PROPOSED TOTAL ACREAGE: 54.49 ACRES LEGAL DESCRIPTION : REMAINDER PARCEL OF PARCEL MAP NO. 17446 ACCORDING TO PARCEL MAP THEREOF NO. 17446 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON NOVEMBER 14, 1994. GENERAL PLAN DESIGNATION ESTATE RESIDENTIAL PRESENT AND RURAL RESIDENTIAL ZONE RR, ONSITE AND PROPOSED ADJACENT TO THE SITE ZONING USE REGULATIONS. RR DENSITY ((MAX): 0.25 -05 SLOPE DER. DENSITY (MID-RANGE): 0.125 -0.38 SLOPE DEP. OR TH NET LOT AREA 21 4 OR 8 AC SLOPE DEP. LOT WIDTH 110' 100' CUL-DE-SAC WIDTH. 30' AT FRONT SETBACK LOT DEPTH 150' FRONT YARD SE� 30' SIDE YARD SB- 15' REAR YARD SB: 25' LOT _11C11— M ^. XI.MUM BUILDING HEIGHT. 22'126' SEE ORDINANCE PRESENT AND PROPOSED USE ' PRESENT USE 1 RESIDENTIAL LOT PROPOSED 5 RESIDENTIAL LOTS. ACCESS ACCESS IS FROM DOUBLE LL RANCH ROAD, A PRIVATE STREET WHICH CONNECTS TO LONE JACK ROAD, A PUBLIC ROAD UTILI RESISERVICES. _ _ _ _ _ _ _ _ WATER: OLIVENHAIN MUNICIPAL WATER DISTRICT (OMWD) DOVE HOLLOW ROAD D SEWER: CARDIFF SANITATION DISTRICT (CSD) ELEMENTARY SCHOOL: ENCINITAS SCHOOL DISTRICT (PRIVATE ROAD] HIGH SCHOOL: SAN DIEGUITO UNION HIGH SCHOOL DISTRICT FIRE ENCINITAS FIRE PROTECTION DISTRICT GAS & ELECTRIC: S.D.G. & E ' TOPOGRAPHY.' SOURCE FOR THIS MAP WAS ZENITH AERIAL INC. GROUND CONTROL BY CONWAY & ASSOCIATES INC. 8 GRADING NOTE: NO LOT GRADING IS PROPOSED IN CONNECTION WITH \ THIS MAP. EACH OF THESE PROPOSED CUSTOM LOTS WILL REQUIRE A CITY- APPROVED GRADING PLAN PRIOR TO ISSUANCE OF A BUILDING \ PERMIT. \ SPECIAL DISTRICTS: NONE PROP SED MAP PREPARED BY.- ���7C MICHAEL K. PASKO ROD 41022 EXP. 3131199 DATE PREPARED t 5117197 \� DATE MODIFIED 7114197 CONWAY & ASSOCIATES INC. 135 LIVERPOOL DRIVE SUITE A CARDIFF -BY- THE -SEA, CALIFORNIA 92007 \\ \ (760)753-1453 gYgF' IN °a & a Q ¢ OOYE HOLLOW RO. \\ U F (PRI VA T£) \ \� �2 RO. DOUBLE LL %T_ L \\ I RANCH ROAD ' AD) 2 ti (PRIVATE) IE \ LONE _ ENCINjTAS - / \ VICINITY MAP sCALE R = 570 :00'�___�`_- ROAD G 24' PRIVATE / 60' OFFER OF DEDICATION 1 L = 64.48' / W OF DOUBLE LL RANCH OAD FOR Q = 6' 28' 53' PUBLIC EXISTING SO INLETS / PER DOCUMENT RECORDED 04/02/91 P AS FVP NC 9i- 014801 O.R. -Y PCL. /} / "1 1 ! 44' 6' / N PER POCUMENT RECORDEDETif /20190 / r / 2 AS F/P NO. 90- 0624192 O.R. / I 08' L0 -- _� —�— Al 78• � 1000.00' N 69\ 3,9643 W R 56039' i/ N \80,%NO ycf� \� 32' OB 29 i' SUBD`Jj5`O \\ 24' IMPROVED O 37.3 1 \\ DOUBLE LL RANCH ROAD 24' IMPROVED f -WD UNIT 'K• AQUEDUCT 30' ST- i LC-)-f J a — -- — —/ LOT I L l 32' EASEMENT PRIVAM ROAD I �f EXISTING 30'R PIPELINE uMENrEASEMENT zssss Iv "lY I � 16 RED 7125177 I NOT A PART a• \ 4 1 ac n THE SUBDIVIDER AGREES N DEFEND, INDEMNIFY AND HOLD I HARMLESS THE CITY OF ENCINITAS AND ITS AGENTS, OFFICERS -- s �I AND EMPLOYEES FROM ANY CLAIM, ACTION OR PROCEEDING I 3' ac uKracrrvc AGAINST THE CITY OF ENCINITAS OR ITS AGENTS, OFFICERS s OR EMPLOYEES TO ATTACK, SET ASIDE, VOID OR ANNUL AN A— eASE APPROVAL FROM THE CITY OF ENCINITAS CONCERNING THIS I TYPICAL SECTION - CALLf MARGARITA (PRl VA7E RO SUBDIVISION WHEN SUCH ACTON IS BROUGHT WITHIN THE i / 77ME PERIOD SPECIFIED BY GOV. CODE SECTION 66499.37. No A J 2 1 J / THIS CERTIFICATE IS CONDITIONED UPON RTE CITY Of � THIS IS ALSO A TYPICAL SECTION OF THE sG ENCINITAS PROVIDING PROMPT NOTICE TO THE SUBDIVIDER PROPOSED PRIVATE ROAD EXTENSION AS PROVIDED BY THE SUBDIVISION MAP ACT. SHEET 1 OF 1 OWNERS' CERTIFICATE (OWNERS AND SUBDIVIDERS): WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE PROPERTY SHOWN ON THIS TENTATIVE MAP AND SAID MAP SHOWS OUR ENTIRE CONTIGUOUS OWNERSHIP. WE UNDERSTAND THAT PROPERTY IS CONSIDERED CONTIGUOUS EVEN IF IT IS SEPARATED BY ROADS, STREETS, UTILITY EASEMENTS OR RAILROAD RIGHTS-OF-WAY / MAY 18, 1997 MICHAEL K. PASKO DATE FOR CONWAY & ASSOCIATES, INC. SEE LETTER Of AUTHORIZATION ON FILE WITH THE CITY OF 'ENCINITAS CHRISTOPHER S. LLOYD, OMER GREGORY CLEARY, OWNER 4 OWNERS' ADDRESS. 2572 LONE JACK ROAD, ENCINITAS CA 92024 (760) 634 -5774 ASSESSOR'S PARCEL NUMBER: 264 - 241 -07 LAMBERT COORDINATES: 326 -1701 TOTAL LOTS: i EXISTING ; 5 RESIDENTIAL LOTS & 1 REMAINDER PARCEL PROPOSED; NO OPEN SPACE LOTS PROPOSED TOTAL ACREAGE: 54.49 ACRES LEGAL DESCRIPTION : REMAINDER PARCEL OF PARCEL MAP NO. 17446 ACCORDING TO PARCEL MAP THEREOF NO. 17446 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON NOVEMBER 14, 1994. GENERAL PLAN DESIGNATION ESTATE RESIDENTIAL PRESENT AND RURAL RESIDENTIAL ZONE RR, ONSITE AND PROPOSED ADJACENT TO THE SITE ZONING USE REGULATIONS. RR DENSITY ((MAX): 0.25 -05 SLOPE DER. DENSITY (MID-RANGE): 0.125 -0.38 SLOPE DEP. OR TH NET LOT AREA 21 4 OR 8 AC SLOPE DEP. LOT WIDTH 110' 100' CUL-DE-SAC WIDTH. 30' AT FRONT SETBACK LOT DEPTH 150' FRONT YARD SE� 30' SIDE YARD SB- 15' REAR YARD SB: 25' LOT _11C11— M ^. XI.MUM BUILDING HEIGHT. 22'126' SEE ORDINANCE PRESENT AND PROPOSED USE ' PRESENT USE 1 RESIDENTIAL LOT PROPOSED 5 RESIDENTIAL LOTS. ACCESS ACCESS IS FROM DOUBLE LL RANCH ROAD, A PRIVATE STREET WHICH CONNECTS TO LONE JACK ROAD, A PUBLIC ROAD UTILI RESISERVICES. _ _ _ _ _ _ _ _ WATER: OLIVENHAIN MUNICIPAL WATER DISTRICT (OMWD) DOVE HOLLOW ROAD D SEWER: CARDIFF SANITATION DISTRICT (CSD) ELEMENTARY SCHOOL: ENCINITAS SCHOOL DISTRICT (PRIVATE ROAD] HIGH SCHOOL: SAN DIEGUITO UNION HIGH SCHOOL DISTRICT FIRE ENCINITAS FIRE PROTECTION DISTRICT GAS & ELECTRIC: S.D.G. & E ' TOPOGRAPHY.' SOURCE FOR THIS MAP WAS ZENITH AERIAL INC. GROUND CONTROL BY CONWAY & ASSOCIATES INC. 8 GRADING NOTE: NO LOT GRADING IS PROPOSED IN CONNECTION WITH \ THIS MAP. EACH OF THESE PROPOSED CUSTOM LOTS WILL REQUIRE A CITY- APPROVED GRADING PLAN PRIOR TO ISSUANCE OF A BUILDING \ PERMIT. \ SPECIAL DISTRICTS: NONE PROP SED MAP PREPARED BY.- ���7C MICHAEL K. PASKO ROD 41022 EXP. 3131199 DATE PREPARED t 5117197 \� DATE MODIFIED 7114197 CONWAY & ASSOCIATES INC. 135 LIVERPOOL DRIVE SUITE A CARDIFF -BY- THE -SEA, CALIFORNIA 92007 \\ \ (760)753-1453 gYgF' IN °a & a Q ¢ OOYE HOLLOW RO. \\ U F (PRI VA T£) \ \� �2 RO. DOUBLE LL %T_ L \\ I RANCH ROAD ' AD) 2 ti (PRIVATE) IE \ LONE _ ENCINjTAS - / \ VICINITY MAP sCALE COAST GEOTECHNICAL CONSULTING ENGINEERS AND GEOLOGISTS November 20, 1998 Robert and Janice Ardecky 571 Crest Drive Encinitas, CA 92024 Subject: PRELIMINARY GEOTECHNICAL INVESTIGATIO R I� Proposed Single - Family Residence D lS t§ Q Lot 5, Terminus of Calle Margarita D Double L Ranch Estates a 5 Olivenhain, California ENGINEERING SERVICES CITY OF ENCINITgS Dear Mr. and Mrs. Ardecky: Vnd....41 00 rwisfa►y 10A In response to your request and in accordance with our Proposal/Agreement dated August 31, 1998 we have performed a preliminary geotechnical engineering investigation on the subject site for the proposed single- family residence. The findings of the investigation, laboratory test results and recommendations for foundation design are presented in this report. From a geotechnical point of view, it is our opinion that the site is suitable for the proposed development, provided the recommendations in this report are implemented during the design and construction phases. However, expansive soils, existing fill, and weak zones within the underlying rock units are present on the site and will require special consideration during the design and construction phases. In addition, grading and building plans were not available at the time of this study. Supplemental recommendations will be necessary based on proposed development. If you have any questions, please do not hesitate to contact us at (619) 755 -8622. This opportunity to be Respectfully submitt COAST GEOTECHN 2109 } y EV. 5 -31 -00 �yy�^,� Mark Burwell, C.E.G. q FRINGGG��P Vithaya ingghanet, P.E. Engineering Geologist �F CAl \F Geotechnical Engineer 779 ACADEMY DRIVE • SOLANA BEACH • CALIFORNIA 92075 (619) 755 -8622 • FAX (619) 755 -9126 A 782 Exp. 12 -31 -01 PRELIMINARY GEOTECHNICAL INVESTIGATION Proposed Single - Family Residence Lot 5, Terminus of Calle Margarita Double L Ranch Estates Olivenhain, California Prepared For: Robert and Janice Ardecky 571 Crest Drive Encinitas, CA 92024 November 20, 1998 W.O. P- 284098 Prepared By: COAST GEOTECHNICAL 779 Academy Drive Solana Beach, California 92075 TABLE OF CONTENTS uTe fONNvau7:v; INTRODUCTION 5 SITE CONDITIONS 5 PROPOSED DEVELOPMENT 6 SITE INVESTIGATION 6 LABORATORY TESTING 7 GEOTECHNICAL CONDITIONS 8 CONCLUSIONS 12 RECOMMENDATIONS 14 A. REMEDIAL GRADING 14 B. BUILDING PAD- REMOVALS/RECOMPACTION 15 C. TEMPORARY SLOPES/EXCAVATION CHARACTERISTICS 16 D. FOUNDATIONS (RESIDENTIAL) 16 E. SLABS ON GRADE (CONVENTIONAL INTERIOR AND EXTERIOR) 17 F. POST - TENSIONED SLAB 18 G. RETAINING WALLS 19 H. PROPOSED GUEST HOUSE 20 I. UTILITY TRENCH BACKFILL 20 J. DRAINAGE 21 K. OBSERVATIONS AND DENSITY TESTING 21 L. PLAN REVIEW 22 M. LIMITATIONS 22 REFERENCES 24 APPENDIX A REGIONAL FAULT MAP LABORATORY TEST RESULTS EXPLORATORY BORING LOG EXPLORATORY TRENCH LOGS PLATE A PREVIOUS DEVELOPMENT MAP CROSS SECTION A -A' CROSS SECTION B -B' GEOLOGIC MAP (REAR POCKET) SLOPE STABILITY ANALYSIS APPENDIX B GRADING GUIDELINES APPENDIX C GENERAL CONSIDERATIONS FOR EXPANSIVE SOILS VICINITY MAP I PGL� I 1 w 1 PCL 4 PM I 1 1 1446 l�A I� U OM eg 1IYWi UcLumIe.SUlsi:7A SA i 5.00 Scale 1.15.625 (at center) Wed Nov 16 16 45 1996 1000 Feel ) r v 41'1�� \ Secondary SR /Road/Hwy Ramp KAP INSERT T 12 ,I J.1 AE ae J < w�a... • T)4.' LOT Lo Ac ki . / ,AL 1 AC `\ I •IYpI \ SITE I PGL� I 1 w 1 PCL 4 PM I 1 1 1446 l�A I� U OM eg 1IYWi UcLumIe.SUlsi:7A SA i 5.00 Scale 1.15.625 (at center) Wed Nov 16 16 45 1996 1000 Feel ) r v 41'1�� \ Secondary SR /Road/Hwy Ramp November 20, 1998 W.O. P- 284098 Page 5 This report presents the results of our geotechnical investigation on the subject property. The purpose of this study is to evaluate the nature and characteristics of the formational rock units underlying the property, the engineering properties of the surfrcial deposits and their influence on the construction of a single - family residence. SITE CONDITIONS The overall Double L Ranch Estates includes 120± acres of terrain located along the west side of Lone Jack Road, in the city of Encinitas. The eastern portion of the property is composed of gently sloping terrain and is incised by a south- trending stream. The western portion of the property is characterized by gentle to moderately steep slopes, ranging in gradients from 5:1 to 3:1 (horizontal to vertical) which ascend to a terrace plateau. Recent development, in part, included the northern extension of Calle Margarita and the division of the northwest portion of the property into six separate lots (Lot Nos. 1 through 6, inclusive). Lot 5 includes approximately 3.0 acres of hillside terrain located along the eastern side of Calle Margarita. The western portion of the lot is located along the crest of the terrace plateau and is relatively flat. From the edge of the plateau, the property descends at a gradient of about 3.5:1 (horizontal to vertical) for approximately 60 vertical feet. From this point, the slope continues to descend at a gentler gradient of about 8:1 (horizontal to vertical) to the property line. Relief on the site is approximately 75 vertical feet. From the property line, the slope continues to descend at a gentle November 20, 1998 W.O. P- 284098 Page 6 gradient to a barn structure. A small earthen pond is located along the slope, adjacent to the northeastern corner of Lot 5. Due to recent grading, the top of the plateau is generally void of vegetation. Vegetation along slopes includes a moderate growth of brush and shrubs. Drainage is generally by sheet flow to the east along the western portion of the site. Several drainage ravines are present along the upper portion of the slope which transfer plateau and slope drainage to the east. Preliminary grading and building plans were not available at the time of this study. Discussions with Roger Forburger, Architect, suggests that a single - family residence and detached guest house will be located along the upper plateau area in the western portion of the lot. SITE INVESTIGATION Previous exploration along the eastern portion of the plateau included two deep borings drilled with a truck- mounted bucket drill rig to a depth of 50 feet. The log of Boring No. 1 and laboratory test data are included in this report. Site specific exploration included two exploratory trenches excavated with a tractor- mounted backhoe to a maximum depth of 11 feet. Earth materials encountered were visually classified and logged by our field November 20, 1998 W.O. P- 284098 Page 7 geologist. Undisturbed, representative samples of earth materials were obtained at selected intervals. Samples were obtained by driving a thin walled steel sampler into the desired strata. The samples are retained in brass rings of 2.5 inches outside diameter and 1.0 inches in height. The central portion of the sample is retained in close fitting, waterproof containers and transported to our laboratory for testing and analysis. LABORATORY TESTING Classification The field classification was verified through laboratory examination, in accordance with the Unified Soil Classification System. The final classification is shown on the enclosed Exploratory Logs. Moisture/Density The field moisture content and dry unit weight were determined for each of the undisturbed soil samples. This information is useful in providing a gross picture of the soil consistency or variation among exploratory excavations. The dry unit weight was determined in pounds per cubic foot. The field moisture content was determined as a percentage of the dry unit weight. Both are shown on the enclosed Appendix "A ". Maximum Dry Densiry/Optimum Moisture Content The maximum dry density and optimum moisture content were determined for selected November 20, 1998 W.O. P- 284098 Page 8 samples of earth materials taken from the site. The laboratory standard tests were in accordance with ASTM D- 1557 -91. The results of the tests are presented in Appendix "A ". Expansion Index Tests Expansion Tests were performed on selected samples. Test procedures were conducted in accordance with the Uniform Building Code, Standard No. 29 -2. The classification of expansive soil, based on the expansion index, are as indicated in Table 29 -C of the Uniform Building Code. The test results are shown on the enclosed Appendix "A ". Shear Tests Shear tests were performed in a strain - control type direct shear machine. The rate of deformation was approximately 0.025 inches per minute. Each sample was sheared under varying confining loads in order to determine the Coulomb shear strength parameters, cohesion and angle of internal friction. Samples were tested in a saturated condition. The results are presented in Appendix A. GEOTECBMCAL CONDITIONS Hillside areas on the subject property are underlain by two major formational rock units. Most of the site above an elevation of approximately 297 feet is underlain by tan to brown sandstone with interbeds of siltstone. These sedimentary units appear to correlate with Eocene -age Torrey Sandstone. The sandstone is underlain by pale green sandy November 20, 1998 W.O. P- 284098 Page 9 claystone and claystone units which appear to be lithologically equivalent to the Eocene- age Del Mar Formation. The sedimentary rock units are overlain by colluvial soils and, in part, by fill deposits. A brief description of the earth materials encountered on the site is discussed below. Artificial Fill A wedge - shaped fill mass was encountered in the exploratory trenches. The fill is composed of dark brown sandy clay with occasional debris and rocks to 12 inches. The fill is generally damp, stiff and thickens to approximately 3.0 feet along the top of the existing slope. The fill is undocumented and may have been placed when the property was utilized as a nursery. Soil/Colluvium In the eastern portion of Exploratory Trench No. 2, approximately 1.0 foot of dark brown sandy day was encountered. The soil thickens to the east to approximately 4.0 to 5.0 feet along the top of the existing slope. The soil/colluvium is highly expansive and subject to downslope creep. Torrey Sandstone Underlying the sutficial deposits, sandstone with interbeds of siltstone was encountered in the exploratory excavations. The granular rock units range from a light grey to tan November 20, 1998 W.O. P- 284098 Page 10 fine- grained sandstone to a slightly clayey pale greenish grey fine and medium - grained sandstone. The siltstone interbeds are pale green to gray and generally range from 1.0 to 2.0 feet in thickness. The contact with the underlying claystone is sharp but irregular and generally dips gently to the north at G degrees. Del Mar Formation As encountered in Exploratory Boring No. 1, the Torrey Sandstone is underlain by predominantly argillaceous rocks consisting of claystone and sandy claystone. From an approximate depth of 29 to 35 feet in Boring No. 1, highly fractured near saturated claystone was encountered. The claystone exhibits randomly oriented discontinuous slickensides and relatively high moisture levels but is essentially flat -lying with perhaps an out of slope dip of 1.0 degrees. No evidence of a well- defined failure plane was observed in the weak zone during the course of down -hole logging of Boring No. 1. Below the weak zone, the claystone grades into a dark green dense, less fractured sandy claystone. Expansive Soil Based on our experience in the area and laboratory testing of selected samples, the siltstone /claystone rock and clayey soil deposits are highly expansive. The sandstone units typically reflect an expansive potential in the low range. November 20, 1998 W.O. P- 284098 Page 11 Ground Water No evidence of perched or high ground water tables were noted during exploration. However, near saturated conditions were observed in the weak claystone zone at an approximate elevation of 295 feet (29 feet below existing pad). The high moisture content is probably the result of infiltrated water. Based on our experience in the area, major ground water related problems are not anticipated during grading. However, it should be noted that seepage problems can develop after completion of construction. These seepage problems most often result from drainage alterations, landscaping and over - irrigation. In the event that seepage or saturated ground does occur, it has been our experience that they are most effectively handled on an individual basis. Slope Stability Based on down -hole logging, no definitive failure planes were observed in the Del Mar claystones to the depth explored. The results of our slope stability analysis suggests a factor of safety greater than 1.5 for existing conditions. However, the presence of fractured and weak claystone units as encountered in Boring No. 1 can be adversely affected by the influx of water which can significantly reduce slope stability. Faults /Seismicity Based on a review of published geologic maps, no faults are located on or in the immediate vicinity of the site. The nearest active fault is the Rose Canyon Fault Zone November 20, 1998 W.O. P- 284098 Page 12 located approximately 8.0 miles southwest of the site. Other active faults which could affect the site include the Coronado Bank, Elsinore, San Jacinto and San Andreas Faults. The proximity of these faults to the site are shown on the enclosed Regional Fault Map. Although the likelihood of ground rupture on the site is remote, it is almost a certainty the property will be exposed to moderate to high levels of ground motion resulting from the release of energy, should an earthquake occur along the numerous known and unknown faults in the region. Liquefaction Potential Liquefaction is a process by which a sand mass loses its shearing strength completely and flows. The temporary transformation of the material into a fluid mass is often associated with ground motion resulting from an earthquake. Owing to the dense nature of the underlying sedimentary deposits, recommended remedial grading and the anticipated depth to ground water, the potential for seismically induced liquefaction and soil instability is considered very low. 1) No significant geotechnical conditions were observed on the site which would preclude development. However, certain geotechnical conditions will require special consideration during the design, grading and construction phases. November 20, 1998 W.O. P- 284098 Page 13 2) The subject property is underlain by variable depths of undocumented fill and expansive soil/colluvial deposits. These deposits are not suitable for the support of foundations, concrete flatwork or proposed fills. These deposits should be removed and replaced as compacted fill. In addition, the surficial deposits along the entire building pad should be densified in order to reduce infiltration of pad water into lower weak claystone zones. 3) It is anticipated that a level cut/fill building pad will be developed near the present grade to accommodate the proposed residence and garage. 4) In order to provide a more uniform soils condition for the support of residential foundations and slabs, the western portion of the building pad area should be undercut and replaced as compacted fill. 5) It is anticipated that utilizing onsite materials for compacted fill will result in an expansion potential in the high range. Therefore, proposed footings and slabs should be designed for an expansive soils condition. A post- tensioned slab should be considered for this project and preliminary design parameters are provided in the foundation section of this report. We have also provided more conventional foundation and slab parameters although such an approach is considered less desirable than a post- tensioned slab. Additional recommendations will be November 20, 1998 W.O. P- 284098 Page 14 necessary if a more conventional type foundation is desired. It should be noted that final foundation parameters should be based on expansion tests performed on actual fill deposits placed during the grading phase. 6) Our experience with this type of lot development and geotechnical conditions suggest that varying degrees of seepage can develop after construction. Post construction seepage and/or saturated ground conditions can adversely affect foundations, concrete flatwork and slope stability. Therefore, special consideration should be provided for surface and subsurface drainage during the design and construction phases. Additional recommendations during the grading phase may be necessary in this regard. RECOMMENDATIONS Remedial Gradin¢ The fill and soil encountered on the site should be removed and replaced as compacted fill. A 15 foot wide key excavated a minimum of 2.0 feet (along the outside edge) into competent formational rock should be constructed along the base of the proposed fill slope. A subdrain should be constructed along the back of the key for the fill slope (See attached Key, Benching and Subdrain Detail, Plate A). All fill should be benched into the underlying competent formational rock units. The existing earth deposits are generally suitable for reuse, provided they are cleaned of all roots, vegetation, debris and rocks November 20, 1998 W.O. P- 284098 Page 15 larger than 6.0 inches, and thoroughly mixed. Fill should be placed in 6.0 to 8.0 inch loose lifts, moistened or aerated as required to 2.0 -3.0 percent above optimum moisture, and compacted to a minimum of 90 percent of the laboratory maximum dry density. Fill slopes should be constructed at a maximum gradient of 2:1 (horizontal to vertical). A 12 inch earthen berm is recommended along the top of fill slopes in order to prevent drainage from flowing onto the slope. Additional recommendations will be presented should any unforeseen conditions be encountered during grading. Imported fill, if necessary, should be approved by this firm. Additional recommendations for driveway subgrade preparation and pavement section design will be necessary during the grading phase. Building Pad - Removals/Recompaction The clayey fill and soil deposits along the eastern extent of the building pad should be removed and replaced as compacted fill as indicated above. The western portion of the building pad should be undercut and replaced as properly compacted fill in order to reduce differential settlement. Removal depths are anticipated to be on the order of 4.0 to 8.0 feet. Removals should include the entire building pad extending a minimum of 10.0 feet beyond the building footprint. Most of the existing earth deposits are generally suitable for reuse, provided they are cleared of all vegetation, debris and thoroughly mixed. Prior to placement of fill, the base of the removal should be observed by a representative of this firm. Additional overexcavation and recommendations may be November 20, 1998 W.O. P- 284098 Page 16 necessary at that time. The exposed bottom should be scarified to a minimum depth of 6.0 inches, moistened as required and compacted to a minimum of 90 percent of the laboratory maximum dry density. Fill should be placed in 6.0 to 8.0 inch lifts, moistened or aerated to approximately 2.0 - 3.0 percent above optimum moisture content and compacted to a minimum of 90 percent of the laboratory maximum dry density. A copy of our grading guidelines is included and should be considered part of this report. Temporary Slopes/Excavation Characteristics Temporary excavations which exceed a vertical height of 3.5 feet should be trimmed to a gradient of 1:1 or less. The Torrey Sandstone does contain hard concretion layers. However, based on our experience in the area, the sandstone is rippable with conventional heavy earth moving equipment. Foundations (Residential) The following design parameters are based on an anticipated expansion potential in the high range and should be incorporated into a post- tensioned slab or a conventional slab design. However, additional recommendations and alternative designs will be necessary if a more conventional foundation system is desired. Footings for the proposed residence should be a minimum of 15 inches wide and founded a minimum of 30 inches below the lower most adjacent subgrade for one and two story structures. A 12 inch by 12 inch grade beam should be placed across the garage opening. Footings should be reinforced with a minimum of four No. 4 bars, two along the top of the footing and two along the November 20, 1998 W.O. P- 284098 Page 17 base. Isolated column pads should not be utilized in the foundation design. Footing recommendations provided herein are based upon underlying soil conditions and are not intended to be in lieu of the project structural engineer's design. For design purposes, an allowable bearing value of 2000 pounds per square foot may be used for foundations at the recommended footing depths. The bearing value indicated above is for the total dead and frequently applied live loads. This value may be increased by 33 percent for short durations of loading, including the effects of wind and seismic forces. Resistance to lateral load may be provided by friction acting at the base of foundations and by passive earth pressure. A coefficient of friction of 0.35 may be used with dead- load forces. A passive earth pressure of 250 pounds per square foot, per foot of depth of fill penetrated to a maximum of 2000 pounds per square foot may be used. Slabs on Grade (Conventional Interior and Exterior) Due to the highly expansive nature of the on -site earth materials, varying degrees of movement can occur within subgrade soils due to moisture fluctuations. Volume changes within soils can result in significant differential pressure exerted against footings and slabs. The following recommendations are presented to reduce potential distress along concrete flatwork. As previously indicated, a post- tensioned slab should be considered. Although less desirable, conventional slab design may be used. However, a minimum of November 20, 1998 W.O. P- 284098 Page 18 18 inches of non - expansive compacted fill is recommended under interior slabs. Slabs on grade should be a minimum of 5.0 inches thick and reinforced in both directions with No. 3 bars placed 16 inches on center. The slab should be underlain by a minimum 4.0- inch sand blanket, gravel or crushed rock (3/4 inch maximum). Where moisture sensitive floors are used, a minimum 6.0 -mil Visqueen or equivalent moisture barrier should be placed over the sand or rock blanket and covered by an additional two inches of sand. Utility trenches underlying the slab may be backfilled with on -site materials, compacted to a minimum of 90 percent of the laboratory maximum dry density. Slabs including exterior concrete flatwork should be reinforced as indicated above and provided with saw cuts /expansion joints, as recommended by the project structural engineer. All slabs should be cast over dense compacted subgrades which are moistened 3.0 to 5.0 percent above optimum moisture content to a minimum depth of 24 inches. Exterior slabs should be protected from moisture migrating into subsoils by a 2.0 foot deep footing/cutoff wall along the outside of the slab. Additional recommendations for pre- saturation will be provided during the construction phase. Post - Tensioned Slab The information and recommendations presented herein are not meant to supersede design by a registered structural engineer or civil engineer familiar with post- tensioned slab design. This system should be designed in accordance with the PTI method presented in the applicable Building Code Standards, the following soil related parameters and sound engineering practice. Expansion Index & Potential % Clay Plasticity Index & Plastic Limit Clay Type Constant Suction Depth to Constant Suction (feet) Thornthwaite Moisture Index Moisture Velocity em (Center Lift) ft. em (Edge Lift) ft. Y. (Center Lift) inches Y. (Edge Lift) inches Slab Perimeter Embedment (inches) Modulus of Subgrade Reaction (for slabs) Bearing Values (for Footings) November 20, 1998 W.O. P- 284098 Page 19 93 (High) 70 16 and 25 Montmorillonite 3.6 7 (Per Code) - 20 0.7 inches /month (Per Code) - 5.5 (Per Code) - 2.5 5.31 1.1 18 (minimum) 75 psi per inch 2000 psf The post- tensioned foundation design should consider all imposed loads, including continuous and isolated. Interior isolated loads do not require a specific footing or grade beam, from a geotechnical standpoint. Isolated exterior footings need not be tied to the main foundation system, but should be embedded at least 24 inches below finished grade. Retaining Walls Cantilever walls (yielding) retaining nonexpansive granular soils may be designed for an active - equivalent fluid pressure of 55 pounds per cubic foot. Restrained walls (nonyielding) should be designed for an "at -rest" equivalent fluid pressure of 60 pounds per cubic foot. Wall footings should be designed in accordance with the foundation design recommendations. All retaining walls should be provided with an adequate November 20, 1998 W.O. P- 284098 Page 20 backdrainage system. The soil parameters assume a level granular backfill compacted to a minimum of 90 percent of the laboratory maximum dry density. Proposed Guest House It is anticipated that only minor clayey soils will be encountered in the current proposed area of the guest house. However, an additional test pit or shallow boring should be drilled in the building footprint to evaluate the depth of surficial deposits. The clayey soils should be removed in the area of the guest house building pad. The upper 3.0 feet of the sandstone in the building pad should be removed and replaced as compacted fill as indicated in the previous section of this report. Additional fill material, depending upon proposed pad grade, should be composed of granular deposits. Foundation soil parameters will be provided upon completion of supplemental exploration and desired location of the proposed guest house. Utility Trench Backfill we recommend that all utilities be bedded in clean sand to at least one foot above the top of the conduit. The bedding should be flooded in place to fill all the voids around the conduit. imported or on -site granular material compacted to at least 90 percent relative compaction may be utilized for backfill above the bedding. The invert of subsurface utility excavations paralleling footings should be located above November 20, 1998 W.O. P- 284098 Page 21 the zone of influence of these adjacent footings. This zone of influence is defined as the area below a 45 degree plane projected down from the nearest bottom edge of an adjacent footing. This can be accomplished by either deepening the footing, raising the invert elevation of the utility, or moving the utility or the footing away from one another. Drainage Specific drainage patterns should be designed by the project civil engineer. However, in general, pad water should be directed away from foundations and around the structure to the street. Roof water should be collected and conducted to the site, via non - erodible devices. Pad water should not be allowed to pond or flow onto slopes. Vegetation adjacent to foundations should be avoided. If vegetation in these areas is desired, sealed planter boxes should be considered. Other alternatives may be available, however, the intent is to reduce moisture from migrating into foundation subsoils and under concrete llatwork. Cut and fill slopes should be planted with drought resistant and erosion controlling vegetation. Irrigation should be limited to that amount necessary to sustain plant life. Observations and Density Testing Structural footing excavations should be observed by a representative of this firm, prior to the placement of steel. Fill should be placed while a representative of this firm is present to observe and test. November 20, 1998 W.O. P- 284098 Page 22 Plan Review A copy of the grading and building plans should be submitted to this office for review, prior to the initiation of construction. Additional recommendations may be necessary at that time. This report is presented with the provision that it is the responsibility of the owner or the owner's representative to bring the information and recommendations given herein to the attention of the project's architects and /or engineers so that they may be incorporated into plans. If conditions encountered during construction appear to differ from those described in this report, our office should be notified so that we may consider whether modifications are needed. No responsibility for construction compliance with design concepts, specifications or recommendations given in this report is assumed unless on -site review is performed during the course of construction. The subsurface conditions, excavation characteristics and geologic structure described herein are based on individual exploratory excavations made on the subject property. The subsurface conditions, excavation characteristics and geologic structure discussed should in no way be construed to reflect any variations which may occur among the exploratory excavations. November 20, 1998 W.O. P- 284098 Page 23 Please note that fluctuations in the level of ground water may occur due to variations in rainfall, temperature and other factors not evident at the time measurements were made and reported herein. Coast Geotechnical assumes no responsibility for variations which may occur across the site. The conclusions and recommendations of this report apply as of the current date. In time, however, changes can occur on a property whether caused by acts of man or nature on this or adjoining properties. Additionally, changes in professional standards may be brought about by legislation or the expansion of knowledge. Consequently, the conclusions and recommendations of this report may be rendered wholly or partially invalid by events beyond our control. This report is therefore subject to review and should not be relied upon after the passage of two years. The professional judgments presented herein are founded partly on our assessment of the technical data gathered, partly on our understanding of the proposed construction and partly on our general experience in the geotechnical field. Our engineering work and the judgments given meet present professional standards. However, in no respect do we guarantee the outcome of the project. November 20, 1998 W.O. P- 284098 Page 24 1. Hays, Walter W., 1980, Procedures for Estimating Earthquake Ground Motions, Geological Survey Professional Paper 1114, 77 pages. 2. Seed, H.B., and Idriss, I.M., 1970, A Simplified Procedure for Evaluating Soil Liquefaction Potential: Earthquake Engineering Research Center. 3. Treiman, J.A., 1984, The Rose Canyon Fault Zone, A Review and Analysis, California Division of Mines and Geology. MAPS/AERIAL PHOTOGRAPHS 1. Aerial Photographs, October 18, 1991, Lloyd Subdivision, Scale 1" =200'. 2. Conway and Associates, January 20, 1998, Conceptual Grading Plan Double LL Ranch, TM 97 -100 (5 -Lot), Scale 1 " =50'. 3. San Diego County Topographic /Orthophoto Survey, 1982, Map No. 326 -1701, Scale 1" =200'. 4. California Division of Mines and Geology, 1994, Fault Activity Map of California, Scale 1 "= 750,000'. 3. Geologic Map of the Encinitas and Rancho Santa Fe 7.5' Quadrangles, 1996, DMG Open File Report 96-02. APPENDIX A ., J L IN Iv 1% . MOIICA REGIONAL FAULT NIAP F.XPI.ANATION ML LT CLASSIMAT MCf"A TIM.L �I.C�CMny 4sew1 d W.esri v..L.rwwu... yi.tiwti..r TL M1rr«_aw_r `. 0 12 24.l lea t GRAPHIC SCALE COAJT MTFCNilm" SPECIALM &TI S `. 0 12 24.l lea t GRAPHIC SCALE COAJT MTFCNilm" LABORATORY TEST RESULTS TABLE I Maximum Dry Density and Optimum Moisture Content (Laboratory Standard ASTM D- 1557 -91) Sample Max. Dry Optimum Location Density (pcf) Optimum Content T -2 @ 1' -3' (colluvium) 117.0 15.2 B -1 @ 301- 321(claystone) 114.7 16.3 TABLE II Field Dry Density and Moisture Content Sample Field Dry Field Moisture Location Density Content (Pcf) °s_ B -1 @ 11.0' 114.0 14.8 B -1 @ 21.0' 99.9 16.8 13-1 @ 25.0' 102.0 19.9 B -1 @ 29.0' 97.3 26.7 B -1 @ 32.0' 98.8 25.0 B -1 @ 40.0' 105.3 23.7 B -1 @ 44.0' 100.4 20.6 T -1 @ 2.0' 99.7 11.4 T -1 @ 6.0' 100.7 17.5 T -1 @ 8.0' 98.8 12.6 T -2 @ 2.0' 80.8 23.7 T -2 @ 5.0' 108.8 12.7 T -2 @ 1.51(w. side of pit)101.1 13.7 LABORATORY TEST RESULTS (Continued) TABLE III Expansion Index Test Results Sample Location T -2 @ 1.0' -3.0' Sample Location B -1 @ 29' TABLE IV Direct Shear Test Results Angle Of Int. Fric (deg.) 32 Expansion Index 94 Apparent Cohesion (Psf) 166 12ME19L•I:1 LOG OF EXT. ORATORY BOPLNG NO. 1 DRILL RIG: TRUCK - MOUNTED BUCKET AUGER PROJECT NO. P- 284098 BORING DIAMETER: 2.0' DATE DRILLED: 07 -27 -98 SURFACE ELEV.: 324' (approx.) LOGGED BY: MB 8 z r o 3 w W � X N a > q U C7 DESCRIPTION 32400 OAO FILL (at): Dk. bin. sandy CLAY, damp, moderately stiff, blocky in upper 2', occasional rocks to 6" SOffJCOLLUVRJM (Qc): Dk. bm. sandy CLAY, damp stiff, 319.00 expansive Sao FORMATIONAL ROCK (Tt): Sandstone, Lt. grey -tan, 114.0 14.8 q w 25 0 a q 314.00 fine- grained, slightly moist 10.O0 99.9 102.0 16.8 19.9 W O 1" Q 3 Gy v 9 23 309.00 intcrbed of pale green to grey siltslone l' thick From 22' Sandstone, pale greenish grey, fine and mcdium- grained 15.00 30400 20'00 200 a.w FOMATIONAL ROCK (Td): Claystone, pale green, damp, 97.3 26.7 O z 15 294.00 stiff, contact sharp but irregular 6 deg. N 30.00 From 29' -35', Claystone, highly fractured, random oriented 98.8 25.0 12 ap q N 2'9.00 discontinuous slickensides, very damp to wet, soft @ 32' N45E 30N, N70E 25S, N55E 60N, along slick surfaces 35.00 Claystone becomes increasingly dense and less fractured with 2U.00 depth 105.3 23.7 19 40.00 279.00 45.00 Dk. green dense sandy claystone 100.4 20.6 24 274.00 woo SHEET IOFI COAST GEOTH CAL -jOG OF EXPLORATORY ' ' RENCH NO. 1 99.7 11.4 WA a w oa O .z s t �10 9 98.8 1 12.6 PROJECT NO. P- 284098 DATE EXCAVATED: 10 -08 -98 SURFACE ELEV.: 324' (approx.) LOGGED BY: MB DESCRIPTION FILL (at): Dk. bm. sandy CLAY, damp, stiff; blocky in upper 2', occasional rocks to 12" @ 3' Plastic Debris TZ green to grey siltstone, moist weathered in upper F @9' N28E 3N along siltstonc intcrbed TRENCH SKETCH N65E 20' \ SO[VCOLLUVIUM —r FORMATIONAL ROCK (Sudtme wliolabeb of tipMaoe) tan to E SHEET 1 OF 1 COM GEpTE( WAL z o 3 a a U .UQ 99.7 11.4 WA a w oa O .z s t �10 9 98.8 1 12.6 PROJECT NO. P- 284098 DATE EXCAVATED: 10 -08 -98 SURFACE ELEV.: 324' (approx.) LOGGED BY: MB DESCRIPTION FILL (at): Dk. bm. sandy CLAY, damp, stiff; blocky in upper 2', occasional rocks to 12" @ 3' Plastic Debris TZ green to grey siltstone, moist weathered in upper F @9' N28E 3N along siltstonc intcrbed TRENCH SKETCH N65E 20' \ SO[VCOLLUVIUM —r FORMATIONAL ROCK (Sudtme wliolabeb of tipMaoe) tan to E SHEET 1 OF 1 COM GEpTE( WAL LOG OF EXPLORATORY TRENCH NO. 2 101.1 13.7 Fil 80.8 23.7 a W GQ O a H 108.8 12.7 3 O z SHEET 1 OF 1 PROJECT NO. P- 284098 DATE EXCAVATED: 10 -08 -98 SURFACE ELEV.: 324' ( approx) LOGGED BY: MB DESCRIPTION tan sandy CLAY, damp, stif Wedge - shaped fill upper NVIUCULLU V1UM (Qc): M. bm. sandy CLAY, damp, stiff, expansive Soil thickens from F West side of trench to approx. 4' East side pale green to grey siltsione, moist TRENCH SKETCH N70E low tan - grey E •www�VV ~Y � Mi � COAST GEOTEC WAL z III...yyy u try U C4 101.1 13.7 Fil 80.8 23.7 a W GQ O a H 108.8 12.7 3 O z SHEET 1 OF 1 PROJECT NO. P- 284098 DATE EXCAVATED: 10 -08 -98 SURFACE ELEV.: 324' ( approx) LOGGED BY: MB DESCRIPTION tan sandy CLAY, damp, stif Wedge - shaped fill upper NVIUCULLU V1UM (Qc): M. bm. sandy CLAY, damp, stiff, expansive Soil thickens from F West side of trench to approx. 4' East side pale green to grey siltsione, moist TRENCH SKETCH N70E low tan - grey E •www�VV ~Y � Mi � COAST GEOTEC WAL COMPACTED FILL TOPSOIL- DLOPEWASH __ PRE-EXISTING ORAOE' _-V 1:1 PROJECTION ? 41 MINIMUM" \i :S MINIMUM n KEY, BENCHING AND SUBDRAIN DETAIL PLATE A S• MIN. OVERLAP i 3/40- 1 -1120 CLEAN GRAVEL ^1 (tftllft. MIN.) S• MIN. COVER 4• 0. •.I 4. 0 40 TED NON- PERFORA D TE PERFORATED PIPE E LATERAL AT 010(y PIPE SLOPE FACE INTERVALS FILTER 6% MIN FABRIC ENVELOPE (MIRAFI I 40 MIN. 140N OR APPROVED BEDDING EOUIVALENT)• SUBDRAIN TRENCH DETAIL KEY, BENCHING AND SUBDRAIN DETAIL PLATE A U/ UI D )- ,i Q I Z o O � m Z o (n HP S D s A cm EXISTING PCC DITCH - SEE CAR1:,8A0 DWG 344 -8A, SHT If 360' LOT ,2 }� AC NGR N s�rS�• ' LCAN 2" i LOT p AC Nk- 2•1 AC' R GR MOA EX1 m I N -7 3 iN I 2 I �W I 0 SjON SEF�A AAl ppA NI t1■ 4 1 ? $. I Je. LOT .3 3 AC NET ` 3 AC 'GR PROPOSED EXTEN ON M W/ WATER 1 E 00 z i N 78' 3O 492. p CALL£ sON • t 1 u PROP of- N LOT ' 4 „ o CU MARGARITA °o 2• AG NET AC GR _I 4 END E nNGD. ROA PRIVA MPROVEM�' 0 00 E .. IN 520' :. END SEWERI T a �D %� A 1 D m `AOPSI „�` U? I ;E(IS 2 ��74� = 1 4v +D Bp�SIOI`I + PER �. 5V ; I i / I AL RECRCA PER SAIL EASEMENT I i l ROAD EXISTING TRAIL EASEMENTVATE MAP 128 i 111 P CL /I 1 7 ' - -- — - -.- _ -- `li' it I� - - PREVIOUS DEVELOPMENT MAP (Calle Margarita Extension) C� F Wwl� PG h w DISTANCES AND RELATIONSHIPS ARE APPROXIMATE ONLY M CROSS SECTION A -A' SHOWING GENERAL SUBSURFACE CONDITIONS SCALE: V =10' W U z w la w v, w W O owC w O O w w p O W F FILL _ SOIUCOLLUV/UM _ FORMATIONAL ROCK — — (Sandstone w7uaabedsofsiltslone) 1 ? NOTE: Contacts are graditional and actural conditions encountered during grading may vary from this illustration, profile is approx. only DEL MAR FORMATION (CUYKo and SmWy Clayw ) 7 I IIGI ILY FRACIL1RED CLAYS'!'ONE (WEAK 7ANE) —325 —315 —305 —295 —285 COAST OEOTECHMCAL P -2840M In 0 O a 320- DEPOSITS (UmWematlated) TORREY SANDSTONE (SandwO wrmurbeb of WUtane) —. — . 7'. _ — . • 7 ZONTACT �HIGIILY FRACTURED CLAYSTONE 270— (Dipping amy from �irwer q 6 degrtes) DEL MAR FORMATION (Cl"one and Sandy Claystone) 220 - CROSS SECTION B -B' SHOWING GENERAL SUBSURFACE CONDITIONS SCALE I " =50' .a F a 0. a 0. POND --- -= % - 320 -270 COAST OEOTECNNCAL P -2mm Vol XSTABL File: P2840988 12 -01 -98 9:02 a•aa•au.a.a.aa.a a•a aaa••. •a••. aa.aa..a.. • X S T A B L • Slope Stability Analysis • using the • Method of Slices • Copyright (C) 1992 A 94 • Interactive Software Designs, Inc. ` Moscow, ID 83843, U.S.A. • All Rights Reserved • Ver. 5.005 94 A 1286 •••aaa as aa•aa aaa••a •aaaaaaa♦••a uaaaa a••a• Problem Description : Ardecky ----------------------------- SEGMENT BOUNDARY COORDINATES 9 SURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 .0 325.0 80.0 324.0 1 2 8010 324.0 117.0 320.0 1 3 117.0 320.0 162.0 310.0 1 4 162.0 310.0 210.0 297.0 2 5 210.0 297.0 246.0 289.0 3 6 246.0 289.0 320.0 270.0 3 7 320.0 270.0 346.0 260.0 3 8 346.0 260.0 425.0 250.0 3 9 425.0 250.0 525.0 240.0 3 2 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Belo. Segment 1 .0 297.0 210.0 297.0 2 2 .0 269.0 246.0 289.0 3 -------------------------- ISOTROPIC Soil Parameters -------------------------- 3 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (pef) (deg) Ru (psf) No. 1 132.0 137.0 200.0 38.00 .000 .0 1 2 123.3 123.5 166.0 32.00 .000 .0 1 3 130.3 132.0 400.0 38.00 .000 .0 1 ANISOTROPIC Strength Parameters 1 Soil Unit(s) Soil Unit 2 Is ANISOTROPIC Number of direction ranges specified - 3 Direction Counterclockwise c -value i -value Range No. Direction Limit (deg) (psf) (degrees) 1 .00 166.0 32.00 2 5.00 166.0 20.00 3 90.00 166.0 32.00 1 water surface(s) have been specified Unit weight of water - 62.40 (pcf) Water Surface No. 1 specified by 2 coordinate points afYYfYfYYfYff♦Yaf Y•♦.Y.fYYYalaaaa• PHREATIC SURFACE, iYY4Y11f a1af YYhYY YYf Yw..a.,rl laYa l• Point x -water y -water No. (ft) (ft) 1 .00 240.00 2 525.00 240.00 A critical failure surface searching method, using a random technique for generating eliding BLOCK surfaces, has been specified. 40 trial surfaces will be generated and analyzed. 2 boxes specified for generation of central block base Length of line segments for active and passive portions of sliding block is 5.0 ft Box x -left y -left x -right y -right Width no. (ft) (ft) (ft) (ft) (ft) 1 160.0 295.0 180.0 295.0 10.0 2 50.0 300.0 100.0 300.0 10.0 USER SELECTED option to maintain strength greater than zero Factors of safety have been calculated by the a Y Y Y Y SIMPLIFIED JANBU METHOD 1 a 1 1 f The 10 most critical of all the failure surfaces examined are displayed below - the moat critical first Failure surface No. 1 specified by 14 coordinate points Point x -surf y -surf No. (ft) (ft) 1 182.60 304.42 179.09 300.94 3 174.24 299.75 4 170.62 296.30 5 166.42 293.58 6 95.29 296.24 7 91.96 299.97 8 89.92 304.53 9 86.80 308.44 10 83.45 312.15 11 79.92 315.69 12 76.69 319.51 13 73.92 323.67 14 73.60 324.00 •• Corrected JANBU FOS - 5.487 •• (Fo factor - 1.075) Failure Surface No. 2 spec Point x -Surf No. (ft) 1 197.91 2 195.25 3 190.60 4 185.60 5 181.78 6 176.85 7 93.63 8 90.32 9 86.80 10 86.10 11 85.04 12 83.74 13 83.03 •• Corrected JANBU FOS - Mad by 13 coordinate points y -surf (ft) 300.27 297.96 296.11 295.92 292.70 291.83 300.59 304.34 301.89 312.84 317.73 322.56 323.67 5.555 '• (Fo factor - 1.066; Failure surface No. 3 specified by 11 coordinate points Point x -surf y -surf No. (ft) (ft) 1 185.92 303.52 2 183.32 301.48 3 179.30 298.52 4 175.75 294.99 5 171.46 292.42 6 85.26 304.86 7 82.46 309.02 8 78.99 312.62 9 16.62 317.02 30 76.06 321.99 11 73.97 324.08 " Corrected JANBU FOS - 5.674 •' (FO factor - 1.059( Failure surface No. 4 specified by 12 coordinate points Point x -surf y -surf No. (ft) (ft) 1 187.21 303.17 2 186.06 302.73 3 181.61 300.45 4 177.66 297.39 5 172.83 296.09 6 168.14 293.22 7 97.99 302.88 8 96.49 307.65 9 94.44 312.21 10 90.98 315.82 11 89.58 320.62 12 89.57 322.97 •• Corrected JANBU FOS - 5.726 •• (Fo factor - 1.0681 Failure surface No. 5 specified by 16 coordinate points Point x -surf y -surf No. (ft) (ft) 1 196.18 300.74 2 195.92 300.50 3 191.02 299.47 4 186.13 298.43 5 181.13 298.39 6 176.22 297.45 7 171.26 296.83 8 167.32 293.75 9 163.37 290.69 10 72.14 303.67 11 68.62 307.21 12 65.24 310.90 13 62.43 315.04 14 59.38 319.00 15 56.25 322.90 16 55.54 324.31 •• Corrected JANBU FOS - 5.727 •• (FO factor = 1.051) Failure surface No. 6 specified by 14 coordinate points Point x -surf y -surf No. (ft) (ft) 1 174.96 306.49 2 173.78 306.05 3 170.21 302.55 4 165.27 301.80 5 161.60 298.40 6 99.38 295.05 7 96.78 299.32 8 93.27 302.88 9 91.75 307.65 30 90.61 312.52 11 87.43 316.38 12 84.02 320.03 13 80.54 323.62 14 60.42 323.95 •' Corrected JANBU FOS - 6.002 " (FO factor - 1.083) Failure surface No. 7 specified by 14 coordinate points Point x -surf No. (ft) 1 169.57 2 185.77 3 161.48 4 176.59 5 173.00 6 168.14 7 81.10 a 18.00 9 76.63 10 75.38 11 11.94 12 68.96 13 65.43 14 63.19 •• Corrected JANBU FOS y -surf (ft) 302.53 300.74 298.16 297.14 293.66 292.49 297.17 301.09 305.90 310.74 314.37 318.39 321.92 324.21 6.006 •* (Fo factor - 1.068) Failure surface No. 0 specified by 13 coordinate points Point x -surf y -surf No. (ft) (ft) 1 188.38 302.05 2 187.54 302.02 3 182.84 300.30 4 177.98 299.14 5 173.91 296.24 6 169.65 293.61 7 164.77 292.54 0 82.06 304.79 9 79.62 309.14 10 78.43 314.00 11 75.03 317.67 12 74.87 322.66 13 73.53 324.08 •• Corrected JANBU FOS 6.008 •• (Fc factor - 1.059) Failure surface No. 9 specified by 16 coordinate points Point x -surf No. (ft) 1 197.14 2 196.26 3 192.23 4 187.27 5 183.69 6 179.23 7 174.28 8 70.35 9 67.39 30 66.57 11 63.04 12 59.87 13 56.69 14 53.29 15 49.76 16 49.76 •' Corrected JANBU FOS y -surf (ft) 300.48 300.39 297.43 296.81 293.31 291.06 290.36 296.93 300.97 305.90 309.44 313.31 317.16 320.83 324.37 324.38 6.033 •' (FO factor 1.0621 Failure surface No.30 specified by 14 coordinate points Point x -surf y -surf No. (ft) (ft) 1 190.10 302.39 2 188.87 301.21 3 165.29 297.72 4 180.34 297.06 5 176.77 293.55 6 173.20 290.05 7 71.94 297.44 8 68.54 301.10 9 65.48 305.05 10 63.04 309.42 11 60.41 313.67 12 59.07 318.48 13 57.68 323.29 14 57.33 324.28 •• Corrected JANBU FOS - 6.038 •' (FO factor - 1.067) The following is a summary of the TEN most critical surfaces Problem Description : Ardecky • " END OF FILE Modified Correction Initial Terminal Available JANBU FOS Factor x -coord x -coord Strength (ft) Ift) (lb) 1. 5.487 1.075 182.60 73.80 1.988E+05 2. 5.555 1.066 197.91 83.03 2.042E +05 3. 5.674 1.059 185.92 73.97 2.004E +05 4. 5.726 1.068 187.21 89.57 1.693E +05 5. 5.721 1.051 196.18 55.54 2.541E +05 6. 6.002 1.083 174.96 80.42 1.465E +05 7. 6.006 1.068 189.57 63.19 2.361E+05 8. 6.008 1.059 186.38 73.53 2.058E +05 9. 6.033 1.062 197.14 49.76 2.837E +05 30. 6.038 1.067 190.10 57.33 2.763E +05 • " END OF FILE P284098B 12 -01 -98 9:02 i 330 a> 260 a> cn X Q 190 I 120 50 Ardecky 5 most critical surfaces, MINIMUM JANBU FOS = 5.487 0 70 140 210 280 350 420 490 560 X —AXIS (feet) APPENDIX B GRADING GUIDELINES Grading should be performed to at least the minimum requirements of the governing agencies, Chapter 70 of the Uniform Building Code, the geotechnical report and the guidelines presented below. All of the guidelines may not apply to a specific site and additional recommendations may be necessary during the grading phase. Site Clearing Trees, dense vegetation, and other deleterious materials should be removed from the site. Non - organic debris or concrete may be placed in deeper fill areas under direction of the Soils engineer. Subdrainage During grading, the Geologist and Soils Engineer should evaluate the necessity of placing additional drains (see Plate A). 2. All subdrainage systems should be observed by the Geologist and Soils Engineer during construction and prior to covering with compacted fill. 3. Consideration should be given to having subdrains located by the project surveyors. Outlets should be located and protected. Treatment of Existing Ground All heavy vegetation, rubbish and other deleterious materials should be disposed of off site. 2. All surficial deposits including alluvium and colluvium should be removed unless otherwise indicated in the text of this report. Groundwater existing in the alluvial areas may make excavation difficult. Deeper removals than indicated in the text of the report may be necessary due to saturation during winter months. 3. Subsequent to removals, the natural ground should be processed to a depth of six inches, moistened to near optimum moisture conditions and compacted to fill standards. Fill Placement 1. Most site soil and bedrock may be reused for compacted fill; however, some special processing or handling may be required (see report). Highly organic or contaminated soil should not be used for compacted fill. 2. Material used in the compacting process should be evenly spread, moisture conditioned, processed, and compacted in thin lifts not to exceed six inches in thickness to obtain a uniformly dense layer. The fill should be placed and compacted on a horizontal plane, unless otherwise found acceptable by the Soils Engineer. 3. If the moisture content or relative density varies from that acceptable to the Soils engineer, the Contractor should rework the fill until it is in accordance with the following: a) Moisture content of the fill should be at or above optimum moisture. Moisture should be evenly distributed without wet and dry pockets. Pre - watering of cut or removal areas should be considered in addition to watering during fill placement, particularly in clay or dry surficial soils. b) Each six inch layer should be compacted to at least 90 percent of the maximum density in compliance with the testing method specified by the controlling governmental agency. In this case, the testing method is ASTM Test Designation D- 1557 -91. 4. Side -hill fills should have a minimum equipment -width key at their toe excavated through all surficial soil and into competent material (see report) and tilted back into the hill (Plate A). As the fill is elevated, it should be benched through surficial deposits and into competent bedrock or other material deemed suitable by the Soils Engineer. 5. Rock fragments less than six inches in diameter may be utilized in the fill, provided: a) They are not placed in concentrated pockets; b) There is a sufficient percentage of fine - grained material to surround the rocks; C) The distribution of the rocks is supervised by the Soils Engineer. 6. Rocks greater than six inches in diameter should be taken off site, or placed in accordance with the recommendations of the Soils Engineer in areas designated as suitable for rock disposal. 7. In clay soil large chunks or blocks are common; if in excess of six (6) inches minimum dimension then they are considered as oversized. Sheepsfoot compactors or other suitable methods should be used to break the up blocks. (2) 3. The Contractor should be required to obtain a minimum relative compaction of 90 percent out to the finished slope face of fill slopes. This may be achieved by either overbuilding the slope and cutting back to the compacted core, or by direct compaction of the slope face with suitable equipment. If fill slopes are built "at grade" using direct compaction methods then the slope construction should be performed so that a constant gradient is maintained throughout construction. Soil should not be "spilled" over the slope face nor should slopes be "pushed out' to obtain grades. Compaction equipment should compact each lift along the immediate top of slope. Slopes should be back rolled approximately every 4 feet vertically as the slope is built. Density tests should be taken periodically during grading on the flat surface of the fill three to five feet horizontally from the face of the slope. In addition, if a method other than over building and cutting back to the compacted core is to be employed, slope compaction testing during construction should include testing the outer six inches to three feet in the slope face to determine if the required compaction is being achieved. Finish grade testing of the slope should be performed after construction is complete. Each day the Contractor should receive a copy of the Soils Engineer's "Daily Field Engineering Report" which would indicate the results of field density tests that day. 9. Fill over cut slopes should be constructed in the following manner: a) All surficial soils and weathered rock materials should be removed at the cut -fill interface. b) A key at least 1 equipment width wide (see report) and tipped at least I foot into slope should be excavated into competent materials and observed by the Soils Engineer or his representative. C) The cut portion of the slope should be constructed prior to fill placement to evaluate if stabilization is necessary, the contractor should be responsible for any additional earthwork created by placing fill prior to cut excavation. 10. Transition lots (cut and fill) and lots above stabilization fills should be capped with a four foot thick compacted fill blanket (or as indicated in the report). 11. Cut pads should be observed by the Geologist to evaluate the need for overexcavation and replacement with fill. This may be necessary to reduce water infiltration into highly fractured bedrock or other permeable zones,and /or due to differing expansive potential of materials beneath a structure. The overexcavation should be at least three feet. Deeper overexcavation may be recommended in some cases. (3) 12. Exploratory backhoe or dozer trenches still remaining after site removal should be excavated and filled with compacted fill if they can be located. Grading Observation and Testing Observation of the fill placement should be provided by the Soils Engineer during the progress of grading. 2. In general, density tests would be made at intervals not exceeding two feet of fill height or every 1,000 cubic yards of fill placed. This criteria will vary depending on soil conditions and the size of the fill. In any event, an adequate number of field density tests should be made to evaluate if the required compaction and moisture content is generally being obtained. 3. Density tests may be made on the surface material to receive fill, as required by the Soils Engineer. 4. Cleanouts, processed ground to receive fill, key excavations,subdrains and rock disposal should be observed by the Soils Engineer prior to placing any fill. It will be the Contractor's responsibility to notify the Soils Engineer when such areas are ready for observation. i. A Geologist should observe subdrain construction. 6. A Geologist should observe benching prior to and during placement of fill. Utility Trench Backfill Utility trench backfill should be placed to the following standards: 1. Ninety percent of the laboratory standard if native material is used as backfill. 2. As an alternative, clean sand may be utilized and flooded into place. No specific relative compaction would be required; however, observation, probing. and if deemed necessary, testing may be required. 3. Exterior trenches. paralleling a footing and extending below a 1:1 plane projected from the outside bottom edge of the footing, should be compacted to 90 percent of the laboratory standard. Sand backfill, unless it is similar to the inplace fill, should not be allowed in these trench backfill areas. Density testing along with probing should be accomplished to verify the desired results. [all APPENDIX C GENERAL CONSIDERATIONS (For An Expansive Soils Condition) Expansive Soils Expansive soils are soils that undergo volume changes with moisture content variations. The "active" soil zone generally varies from 2 to 4 feet below the ground surface. However, this zone can be increased due to poor drainage patterns and /or heavy irrigation. Long term maintenance becomes a critical factor. Cracking and /or movement of hard surfaces (e.g. floor slab, patios, walkway, sidewalks and pavement) are common. In new construction, soil movement often causes minor cracking of slabs and walls. Expect these cracks; they are usually minor and do not indicate structural distress. Contemporary foundation design and construction seek to reduce cracking to tolerable limits. The economics of construction make it impracticable to construct "crack- free" structures and slabs. Further, cracking in new structures can be caused by expansion and contraction of concrete, drying and warping of lumber, or other factors unrelated to soil movement. Structural design seeks to minimize cracking and uplifts within structures. Some design characteristics and their effects follow: 1) Deepened foundations increase resistance to movement and act as moisture barriers to minimize fluctuations beneath slabs. 2) Increased steel reinforcement in footings and slabs adds strength and minimizes separation along cracks. 3) Moisture conditioned soil expands before slabs are poured, thereby minimizing potential for expansion beneath slabs. 4) Finish lot grading directs water away from foundations. Maintenance Maintenance plays a crucial role in long -term relief from the effects of expansive soil. Maintenance is the responsibility of the owner and /or maintenance firm. Suggested do's and dont's should be applied not only to properties with expansive soils but to all properties: (Page 1 of 2) .• 1. Direct drainage away from structures and improvements to the street. 2. Consider the possible presence of expansive soil when constructing patios, sidewalks, concrete flatwork, etc.. 3. Consider placing a continuous concrete apron (walkway) around the perimeter of the structure. Consider eavetrough, roof gutter. and area drain systems to keep water away from the soil adjacent to building foundations and other improvements. DO NOT 1. Do not allow water to pond or collect near the foundation. I Do not construct planters or place in- ground plants next to the foundation. 3. Do not irrigate more than necessary to maintain plant life and stabilize soil moisture. 4. Do not place loose soil near the foundation. Summary Expansive soil can cause significant damage. Current design and construction seek to minimize this effect. Proper maintenance plays a crucial role in preventing damage. (Page 2 of 2) CITY OF ENCINITAS - CONCEPTUAL GRADING PLAN TENTATIVE MAP 97 -100 (5 LOT) - CALLL MAROARITA NORTHERLY ExTENSION a NORTH. SCALE: 1 -50' EXHIBIT LEGENG UNITS OF PROPOSED STEEP SCOPE OPEN SPACE EASEMENT 325 CONCE—AL GRADING CONTOUR LINE CONCEP 1JAL GRAUINI —UGHT LINE 325 CONCEMAL cULDING PAD ELEVATON 2: CON C,ADED 0 S,DPE GEOLOGIC MAP LEGEND ceococLC oNiTc eF ARTB"ICNL FILL QC 506 /COLLU4TUM1f Tf 'CORK €y 9A--NIN Td —MAR .—P- ly 4IBOL �CONTACI (appmc) RORIN'G LOCATION (aPP'oi} �TR6NCH LOCATION (aPP�i) COASTGEOIECY6gCbl C gNR NO rHE OEMON� G�P✓AL GRAD/NA SHONM1 JN `rflS .LAN A PARED S(, y i0 RATE PHE fFp5l9ILttt OF .CI RAOI A. D T iABI� PCS A. EIRMI'S FOR ri',u-gilyE MAP 9] IDO ,tl0 LOT GRADING LS DING PROaoSEO CON' GRO xsm T 4E 9J Q EAGN PROPOSED C✓S 0 LO.S EWIRE Oltt APP OV£D GR DINC PLq PRICK *O - S!/A4CE 0 A BUI D G MI IS CONC P. UAL ADING PLAN SHALL Oi 8 C EO SCTr L -..N SLI 8L FOR P. RO R CONS UC N BY II r CF ,111,IA5. TC REViS /O.NS gaPROVEO D E ', REFERENCES DA^" ./ [` n0)3 COR D / OC TAL, l"I FE 2J 0 OC. E H c TA I VEft'ICAL: I =50 DA ,LM q. A, LftT C i N/A j; + 1 ` \ I ' j I 1 T APPROVALS CITY OP ENCHYMA9 PLANNING DEPARTMENT RECOMMENDED APPROVED CONCEPTUAL GRADING PLAN FOR Bn DOUBLE LL RANCH GATE _ TM 97 -100 (5 LOT) iREVISYD;4 2: 1 G an IZ I¢C IF �V) Q DRAWING NC. � � I3W Z COAST GEOTECHNICAL CONSULTING ENGINEERS AND GEOLOGISTS June 28, 1999 Robert and Janice Ardecky 3307 Calle Del Sur Carlsbad, CA 92009 Subject: GRADING PLAN REVIEW Proposed Single - Family Residence Lot 5, Terminus of Calle Margarita Double L Ranch Estates Olivenhain, California -V FJ�E- Reference: PRELIMINARY GEOTECHNICAL INVESTIGATION Lot 5, Terminus of Calle Margarita Double L Ranch Estates Olivenhain, California Prepared by Coast Geotechnical Dated November 20, 1998 Dear Mr. and Mrs. Ardecky: rl r•d ✓ ho RAC 1 51999 We have reviewed the proposed grading plan prepared by Tri- Dimensional Engineering, dated April 15, 1999. The plan suggests only minor grading is proposed along the eastern portion of the site for a driveway. The plan also includes surface drainage design for the building area. From a geologic and soils engineering viewpoint, the proposed grading and surface drainage design, as shown, is in general accordance with the recommendations presented in the Preliminary Geotechnical Investigation. However, the following comments are provided to clarify certain geologic and soils engineering issues associated with development of the site. 779 ACADEMY DRIVE • SOLANA BEACH • CALIFORNIA 92075 (619) 755 -8622 • FAX (619) 755 -9126 June 28, 1999 W.O. P- 284098 Page 2 1) Remedial grading will include removals ranging up to 15 feet along the eastern portion of the site. It is assumed that graded slopes will be restored to the existing gradient and blended smoothly into adjacent slopes on Parcel 3 and Lot 11 2) Removal of existing undocumented fills and replacement as properly compacted fill, as well as undercutting the building pad will be necessary. Removal depths in the building envelope are estimated to range from 4.0 feet to 8.0 feet minimum. Since a post- tension slab will not be utilized, imported granular deposits will be necessary under proposed slabs. 3) In order to reduce infiltration of surface water, the surficial deposits along the entire pad should be densified. 4) Subdrains will be necessary in the eastern key excavation, as well as the building pad. Collected subsurface water should be transferred to the base of the off -site easterly slope via non - erodible devices. If transferring collected subsurface water by gravity is not feasible, an on -site catch basin and sump pump should be utilized to transfer water to the street. June 28, 1999 W.O. P- 284098 Page 3 5) Additional recommendations will be necessary during the grading phase. LIMITATIONS The findings and opinions presented herein have been made in accordance with generally accepted professional principals in the fields of geotechnical engineering. No warranty is provided. If you have any questions regarding this letter, please contact our office. Reference to our Job No. P- 284098 will help expedite a response to your inquiry. Respectfully submitted, COAST GEOTECHNI tI' // �l w rn 2109 %%(� 0� / * 0 �. 5 31 00 Mark Burwell, C.E.G. cij2t��c9 G� Engineering Geologist 9j�� r NG Go V Vithayl Singhanet, P.0 Geotechnical Engineer PP S ►N�c: 782 Exp. 12 -31 -o1 COAST GEOTECHNICAL CONSULTING ENGINEERS AND GEOLOGISTS September 24, 1999 Robert and Janice Ardecky 3307 Calle Del Sur Carlsbad, CA 92009 Subject: ROUGH GRADING REPORT Lot 5, Terminus of Calle Margarita Double L Ranch Estates Olivenhain, California Reference: PRELIMINARY GEOTECHNICAL INVESTIGATION Proposed Single - Family Residence Lot 5, Terminus of Cane Margarita Double L Ranch Estates Olivenhain, California Prepared by Coast Geotechnical Dated November 20, 1998 Dear Mr. and Mrs. Ardecky: JtN L 4 1y7J U ENGINEERING SERVICE CITY OF ENCINITAS In response to your request, we have performed field observations and testing during the rough grading phase on the above referenced property. The results of our density tests and laboratory testing are presented in this report. Based on the results of our testing, it is our opinion that the fill was placed in an adequate manner and compacted to a minimum of 90 percent of the laboratory maximum dry density. However, the fill deposits are expansive and will require deepened footings as recommended in the referenced Preliminary Geotechnical Investigation. If you have any questions, opportunity to be of sero Respectfully COAST GEC zy�>�� Mark Burwell, C.E.G. Engineering Geologist hesitate to contact us at (858) 2109 %A Its o UP. 5-31 00 G����* ING Vithaya 3inghanetK P.E. �FCAL��O Geotechnical Engineer 779 ACADEMY DRIVE. SOLANA BEACH • CALIFORNIA 92075 (858) 755 -8622 • FAX (858) 755 -9126 A 782 Exp. 12 -31 -01 ROUGH GRADING REPORT Lot 5, Terminus of Calle Margarita Double L Ranch Estates Olivenhain, California Prepared for: Robert and Janice Ardecky 3307 Calle Del Sur Carlsbad, CA 92009 September 24, 1999 W.O. G- 284098 Prepared by: COAST GEOTECHNICAL 779 Academy Drive Solana Beach, California Coast Geotechnical September 24, 1999 W.O. G- 284098 Page 3 This report presents the results of our observations and field density testing on the subject property. The project included remedial grading and the cutting and filling of gently sloping terrain, in order to develop a level building pad. The results of our density tests are presented on Table I. The approximate locations of these tests are shown on the enclosed Grading Plan. LABORATORY TEST DATA The laboratory standard for determining the maximum dry density was performed in accordance with ASTM D 1557 -91. Field density tests were performed in accordance with ASTM D 1556. The results of the laboratory maximum dry density, for the soil types used as compacted fill on the site, is summarized below: Maximum Dry Density Optimum Soil Type Description (D.c.f.) Moisture ( %) A Mixture of on -site 117.0 15.2 soils, tan to brown silty sandy clay B Mixture of on -site soils, 120.0 12.2 tan to light brown fine sandy clay Coast Geotechnical September 24, 1999 W.O. G- 284098 Page 4 GEOTECHNICAL CONDITIONS Previous grading on the site generated fill deposits which thicken along the eastern portion of the terrace plateau. The fill material is underlain by clayey soil deposits. Underlying the surficial deposits, sandstone with interbeds of siltstone are present. These sedimentary units appear to correlate with Eocene -age Torrey Sandstone. Prior to placement, the existing deposits were mixed. EXPANSIVE SOILS Testing and evaluation of the fill deposits in the building pad suggests these deposits have a potential expansion in the upper limits of the medium range, approaching the high range. DISCUSSION The grading contractor on this project was Richard Lohf Grading and Excavating. The following is a discussion of the general grading operations, as they were performed on the site. 1) All surface deleterious material was removed and disposed of off -site, prior to the placement of fill. 2) A minimum 15 foot wide key was excavated along the base of the proposed fill Coast Geotechnical September 24, 1999 W.O. G- 284098 Page 5 slope. The approximate lateral extent of the key is shown on the enclosed grading plan. The key was extended a minimum of 2.0 feet into the underlying sedimentary rock along the outside edge. 3) A subdrain was constructed along the first bench in the key area. The subdrain consists of a 4.0 inch diameter perforated pipe, embedded in gravel and wrapped in filter fabric. 4) Fill consisting of a mixture of excavated materials was placed in lifts of about 6.0 to 8.0 inches thick. The fill was moistened as required, to achieve near optimum moisture content, and compacted by track and wheel rolling with heavy earth- moving equipment. Fill was benched into the underlying sedimentary rock units. 5) Fill slopes were overbuilt and trimmed back to a maximum gradient of 2:1 (horizontal to vertical). 6) The building pad was undercut approximately 4.0 feet and replaced with compacted fill as recommended in the referenced report. The undercut, in general, extends a minimum of 5.0 feet beyond the building footprint. Coast Geotechnical September 24, 1999 W.O. G- 284098 Page 6 7) The depth of fill ranges from 4.0 feet in the building pad to approximately 10 feet in the keyway. 8) Based on selective testing, the fill was placed to a minimum of 90 percent of the laboratory maximum dry density, as suggested by our test results. CONCLUSIONS AND RECOMMENDATIONS General Although some degree of variation occurs, the fill deposits in the building pad generally exhibit a potential expansion in the upper limits of the medium range, approaching the high range. All footing and slab areas should be pre- moistened three to five days prior to pouring concrete. Additional recommendations for pre- saturation will be provided at the time of foundation excavation. Foundations As recommended in the Preliminary Geotechnical Investigation, footings for the proposed structures should be a minimum of 15 inches wide and founded a minimum of 30 inches below the lower most adjacent grade at the time of foundation excavation. A 12 inch by 12 inch grade beam should be placed across the garage opening as designed. Footings should be reinforced with a minimum of four No. 5 bars, two along the top of the footing and two along the base, as designed. The base of footings should be maintained a Coast Geotechnical September 24, 1999 W.O. G- 284098 Page 7 minimum of 10 lateral feet from the face of the nearest slope. Footing recommendations provided herein are based upon underlying soil conditions and are not intended to be in lieu of the project structural engineer's design. An allowable bearing value of 2000 pounds per square foot may be used for foundations at the recommended footing depths. The bearing value indicated above is for the total dead and frequently applied live loads. This value may be increased by 33 percent for short durations of loading, including the effects of wind and seismic forces. Resistance to lateral load may be provided by friction acting at the base of foundations and by passive earth pressure. A coefficient of friction of 0.35 may be used with dead - load forces. A passive earth pressure of 250 pounds per square foot, per foot of depth of fill penetrated to a maximum of 2000 pounds per square foot may be used. Slabs on Grade (Conventional Interior and Exterior) Due to the highly expansive nature of the on -site earth materials, varying degrees of movement can occur within subgrade soils due to moisture fluctuations. Volume changes within soils can result in significant differential pressure exerted against footings and slabs. Although a post- tensioned slab was suggested, a conventional thickened slab has been designed for this project. As previously indicated in the Preliminary geotechnical Coast Geotechnical September 24, 1999 W.O. G- 284098 Page 8 report, a minimum of 18 inches of non - expansive compacted fill is recommended under interior slabs. However, selective grading was not accomplished during rough grading. Therefore, as an alternative, slabs may be underlain by 4.0 inches of clean, coarse sand covered by a moisture barrier and an additional 2.0 inches of sand as indicated below. Slabs on grade should be a minimum of 5.0 inches thick and reinforced in both directions with No. 4 bars placed 16 inches on center. The slab should be underlain by a minimum 4.0 -inch sand blanket. Where moisture sensitive floors are used, a minimum 6.0 -mil Visqueen or equivalent moisture barrier should be placed over the sand or rock blanket and covered by an additional two inches of sand. Slabs including exterior concrete flatwork should be reinforced as indicated above and provided with saw cuts /expansion joints, as recommended by the project structural engineer. All slabs should be cast over dense compacted subgrades which are moistened 3.0 to 5.0 percent above optimum moisture content to a minimum depth of 24 inches. Exterior slabs should be protected from moisture migrating into subsoils by a 2.0 foot deep footing/cutoff wall along the outside of the slab. Additional recommendations for pre- saturation will be provided during the construction phase. Utility Trench We recommend that all utilities be bedded in clean sand to at least one foot above the top of the conduit. The bedding should be flooded in place to fill all the voids around the conduit. On -site material compacted to at least 90 percent relative compaction may Coast Geotechnical September 24, 1999 W.O. G- 284098 Page 9 be utilized for backfill above the bedding. Footing and slab areas should be protected from subsurface water migrating along utility bedding by a cut -off wall or similar device. The invert of subsurface utility excavations paralleling footings should be located above the zone of influence of these adjacent footings. This zone of influence is defined as the area below a 45 degree plane projected down from the nearest bottom edge of an adjacent footing. This can be accomplished by either deepening the footing, raising the invert elevation of the utility, or moving the utility or the footing away from one another. Drainage Specific drainage patterns should be designed by the project civil engineer or architect. However, in general, pad water should be directed away from foundations and around the structure to a suitable discharge location selected by the engineer or architect. Roof water should be collected and conducted to area drains, via non - erodible devices. Pad water should not be allowed to pond or flow onto slopes in an uncontrolled manner. Vegetation adjacent to foundations should be avoided. If vegetation in these areas is desired, sealed planter boxes should be considered. Other alternatives may be available, however, the intent is to reduce moisture from migrating into foundation subsoils and under concrete flatwork. Irrigation should be limited to that amount necessary to sustain plant life. Coast Geotechnical Driveway September 24, 1999 W.O. G- 284098 Page 10 The driveway section is 4.0 inches P.C.C., over 4.0 inches of Class 2 base, over 12 inches of recompacted Torrey Sandstone. The driveway section should be protected from moisture migrating under the pavement section. Observations and Density Testing Structural footing excavations should be observed by a representative of this firm, prior to the placement of steel. Additional fill should be placed while a representative of this firm is present to observe and test. Plan Review This report should be reviewed by the project architect and engineer in order to incorporate any additional recommendations into the design plans. Recommendations provided in the referenced report which are not superseded by this report remain applicable and should be implemented in the design and construction phases. LIMITATIONS This office assumes no responsibility for any alterations made without our knowledge and written approval to the slope or pad grade on the subject lot, subsequent to the issuance of this report. All ramps made though slopes and pads, and other areas of disturbance which require the placement of compacted fill to restore them to the original condition, Coast Geotechnical September 24, 1999 W.O. G- 284098 Page 11 will not be reviewed unless such backfilling operations are performed under our observation and tested for required compaction. Observations and density testing were performed on a periodic basis only. Remedial grading was limited to the areas shown on the grading plan. Coast Geotechnical and its engineers and geologists cannot be responsible for previously placed fills or failures associated with these deposits. Enclosures: Field and Laboratory Test Results Portion of Grading Plan ENCLOSURES FIELD AND LABORATORY TEST RESULTS TABLE I Field Dry Density and Moisture Content * Failed test, area removed and reworked ** Test No. 4 retest (Page 1 of 2) Moisture Dry Relative Test Test Approx. Content Density % Soil Date No. Location Elev. % (Pcf) Compaction Type 8/24/99 1 See Map 311.01 16.1 106.3 91 A 8/25/99 2 See Map 316.5' 14.9 107.5 92 A 8/25/99 3 See Map 317.0' 18.0 103.2 88* A 8/26/99 4 See Map 313.0' 15.0 109.6 94 ** A 8/26/99 5 See Map 319.0' 16.3 110.0 94 A 8/26/99 6 See Map 319.0' 10.1 103.4 Sedimentary Rock 8/26/99 7 See Map 322.01 16.3 106.7 91 A 8/27/99 8 See Map 323.0' 17.1 106.6 91 A 8/31/99 9 See Map 323.5' 15.2 105.6 90 A 9/01/99 10 See Map 321.0' 12.9 107.4 Sedimentary Rock 9/02/99 11 See Map 323.0' 14.8 105.4 90 A 9/02/99 12 See Map 324.0' 15.1 109.4 91 B 9/02/99 13 See Map 324.5' 11.1 111.5 93 B 9/02/99 14 See Map 324.5' 12.9 109.9 92 B * Failed test, area removed and reworked ** Test No. 4 retest (Page 1 of 2) FIELD AND LABORATORY TEST RESULTS (Continued) TABLE II Expansion Index Sample Location Dry Initial Final Expansion Density Moisture Moisture Index (ncf) °s_ _s Pad @ -1.5' 103.0 11.6 20.2 85 CLASSIFICATION OF EXPANSIVE SOIL Expansion Index Potential Expansion 1 -20 very low 21 -50 low 51 -90 medium 91 -130 high Above 130 very high G- 284098 (Page 2 of 2) LOT A, MAP X366 r (3 y ZO' X186• � � r r- - .E. 22.T4 •� j • ; rn 1 R114 324.25 3 C 2' x s 1.E+4 322.25 RI 2 60 FH - ♦ , t. < � Rr , L '. r •+ DF L�PE r 2x fsR PO ED R£SID CE 1 A FF E 323.5 AS . , 31 D ELEV 4.8 3 M 324.2 a RIM 32 0 j L M 4. 0 21.67 �� fR/M 6D /. 1 ....� �l o � z P 310.37' `� •6 N \ �\ 0.2 3q5 • Hr ° . la 32 42 . ARAGE I FF. 25.5- Nis •• PAD 32 8 ,e \ i g4 321.27 3 , RIM 324. 322.19 �LfX 3 .25 60• .29 . r r R 24.50 1. 320.92 3 .67 3 325•p0 ' 325.00 !.E 13.39 D N 6 h :- ACC SORY STRUCTURE (UNIT) R 24.70 325.5 05 P ELEV 324.8 Pll r • � e Q 3z 0 r `yz i .. ♦ y rm y o-•7 •yi ' Ir'� 1,.n i, >ay5 •`'_ iS jz.w iv 2��"" T ryO J E ° M 1 ro :. PAd J 44e 4- t + ame) »m, #3 REAMC • lir O,C.E.1K ENGINEERING SERVICES DEPARTMENT City or Capital Improvement Projects District Support Services Encinitas Field Operations Sand Replenishment/Stormwater Complaints Subdivision Engineering Traffic Engineering August 9, 1999 Robert J. Ardecky Janice L. Ardecky 3307 Calle del Sur Carlsbad, CA 92009 Re: Tract 97 -100 (TM) `Double LL Ranch NW -ly p2" Grading Application 5992GR (3461 Cl Margarita/SFD) A.P.N.264- 241 -12 Permit issuance requirements This letter shall serve to briefly summarize the Grading Permit process. Drawing 5992 -G has been approved by the Director of Engineering Services, effective August 9, 1999, and shall remain valid for three years. In order to obtain a Grading Permit to construct per this Drawing, you will need to satisfy the following requirements: (I) Post a Security Deposit in the amount of $29,629. 00 to guarantee performance of earthwork, private drainage improvements, and erosion control. Up to eighty percent of the amount 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 assignment of account. The City must pre- approve any financial instrument's format. Complete the Security Obligation Agreement. (2) Pay a non - refundable Inspection Fee of $1,481. 00, (3) Provide 4 blueline prints of the approved Drawing. (4) Provide the name, address, telephone number, and state license number of your construction contractor, if not yourself. (5) Provide a work schedule. (6) Sign the Permit. Any authorized representative of the property owner may sign. Permits typically expire no later than one year from the date of issuance. Once the Grading Permit is issued, advance notice of 48 hours must be given prior to you or your contractor scheduling the mandatory pre - construction conference. Please see Grading Note 49 for more detail, especially on whose attendance is needed. Construction changes, prepared by the Engineer of Work, should be submitted to the Engineering Services Department as redlined mark -ups on 2 blueline prints of the approved Drawing. Changes are subject to approval prior to field implementation. JSG /gr5992.docl TEL 760 - 633 -2600 1 FAX 760 -633 -2627 505 S. Vulcan Avenue. Encinitas. California 92024 -3633 TOO 760- 633 -2700 T� recycled paper Prior to issuance of a Building Permit, a rough grading approval will be needed from the assigned Engineering Inspector. At a minimum, rough grading is defined as certified pad preparation and soil compaction, and safe access. A reduction of up to 75% of the posted Security Deposit may be merited and forthcoming, As- builts, prepared by the Engineer of Work and approved by the Engineering Services Department, may be required prior to Final Inspection. A Final Grading Report may be acceptable in -lieu of as- builts at the discretion of the assigned Engineering Inspector. Satisfactory completion of Final Inspection is a prerequisite to release of the remainder of the posted Security Deposit. Please note that the Building Final Inspection is a separate event and may not necessarily coincide with Grading Final Inspection. The property owner and contractor will be responsible for the restoration of property comer monuments moved or destroyed by the grading activity. A licensed land surveyor or qualified civil engineer will be needed to do the work, subsequently filing a Comer Record with the County. See Grading Note #6. This letter is limited in scope. During the Building Permit process you will need services and be subject to regulation from as follows: the Current Planning Division, Building Inspection Division, Fire Prevention Bureau, and Cardiff Sanitation District, all of the City, and the Olivenhain Municipal Water District, Encinitas Union School District, and San Dieguito Union High School District, all separate public agencies. Please inquire at their respective counters. Additional engineering requirements will be forthcoming during the Building Permit process, including, but not necessarily limited to, coordination of the building site plan with the grading plan, resolution of any outstanding public improvement issues, and assessment and collection of flood control, sanitary sewer, and traffic mitigation fees. Some or most of these issues may have been previously resolved. Should you have any questions, please contact me at (760) 633 -2780, or you may wish to visit the Engineering Counter at the Civic Center. Sincerely, Jeffrey S. Garami Engineering Technician Subdivision Engineering cc Trl- Dimensional Engineering, Engineer of Work Greg Shields, Senior Civil Engineer Todd Baumbach, Engineering Inspector Greg Caudill, Engineering Technician PermlVfile enc 1SG /gr5992.doc2 PRECONSTRUCTION MEETING City Of ARDECKY RESIDENCE Encinitas 3461 Calle Margarita, Olivenhain �-15Qa Grading Permit No. 5992GI August 18, 1999 10:30 a.m. Owner/Builder: Robert & Janice Ardecky (760) 634 -2312 Engineer: Tri- Dimensional Eng. Inc. (619) 748 -8333 Grading Contractor: Richard Lohf Grading & Exc. (760) 744 -0064 Soils: Coast Geotechnical (619) 755 -8622 Eng. Inspector: Todd Baumbach (760) 633 -2796 office hours: 7 -8:00 a.m. & 3 -4:00 p.m. Hours of operations. (NOISE ORDINANCE). 7:30 a.m. to 5:30 p.m. This includes warm up of equipment. All equipment repairs to be within designated hours. No work on Sat., Sun. or City recognized holidays. 2. Recommendations in the Preliminary Soils Report shall be followed. Any deviations that the Geotechnical Engineer feels will compromise the project shall be brought to the inspector's attention. 3. Erosion control -- October 15th to April 15th. 4. Site balanced. If the need arises to import or export, an approved haul route required. Contact: Raymond Guames, 633 -2704, Traffic Engineering. 5. Any changes or revisions must be cleared through the Engineering Dept. beforehand. 6. No work outside the work area. Letter of permission required to grade outside of property lines. Rough grading sign -off: 9 a) Pad certification within 0.10' (See Example) � �n>�nd �� �� b) Soils report. `� C) Install major drainage pipes and Brooks boxes. d) Install D -25 e) Earthen swales contoured as shown on plan and berm top of slopes. f) Erosion control installed. Final grading sign -off: a) As- builts. (If required) b) As- graded certification letter. (See general note #11) C) Final walk -thru & punchlist completed. d) Slopes over 3 feet must be planted and irrigated. Must have 90% coverage. e) Install driveway. ardecky.doe TEL 760 - 633 -2600 / FAX 760 - 633-2627 505 S. Vulcan Avenue. Encinitas, California 92024 -3633 TDD 760 -633 -2700 0 recycled paper SAMPLE Date: City of Encinitas Engineering Services Permits 505 South Vulcan Ave. Encinitas, CA 92024 Re: Engineer's Pad Certification for Project No. 99 -001 TM and Grading Permit Number XXXX - G. Pursuant to section 23.24.3 10 of the Encinitas Municipal Code, this letter is hereby submitted as a Pad Certification Letter for lots through and including . As the Engineer of Record for the subject project, I hereby state all rough grading for these units has been completed in conformance with the approved plans and requirements of the City of Encinitas, Codes and Standards. 23.24.3 10 (B). The following list provides the pad elevations as field verified and shown on the approved grading plan: Pad Elevation Pad Elevation Lot No. Per plan per field measurement 1 100.00 100.06 2 103.00 102.96 3 100.00 100.09 4 102.00 102.09 23.24.310(B)1. Construction of line and grade for all engineered drainage devices and retaining walls have been field verified and are in substantial conformance with the subject grading plan. 23.24.310(B)5. The location and inclination of all manufactured slopes have been field verified and are in substantial conformance with the subject grading plan. 23.24.310 (B)6. The construction of earthen berms and positive building pad drainage have been field verified and are in substantial conformance with the subject grading plan. The above information shall be on the Engineer of Record's letterhead and shall be signed and sealed by the Engineer of Record. Padcert.doc To: City of Encinitas From: Bob and Jan Ardecky Re: Tract 97 -100 T "Double LL Ranch NW -[y#2" Grading Application 5992GR 3461 Calle Margarita/SFD APN 264- 241 -12 We are the owner builders for this project. Our grading contractor for this project is Richard Lohf, California State License 406727. The tentative work schedule for this project is: Grading: to start the week of 8/16199 Foundation: to start the week of 9/13/99 Framing: to start at completion of foundation If you have any questions please contact us at 1- 760 - 6342312 (I), 1- 619 - 550 -7508 (W), 1-619-550-7249 (Fax). CITY OF ENCINITAS - ENGINEERING SERVICES DEPARTMENT ACTIVITY REPORT DATE: PROJECT NAME: PROJECT NUMBER: STREET LOCATION: PERMIT NUMBER: CONTRACTOR: 'TELEPHONE: rre-?w.. „v ~o 4c4r- 4. EFE (DU�aBJ. kcH920 Long 6aic! hid ,%eyin C '� Ke.ZU� fwnorrow ,Qoba� jo� ac5trd i� h� ccXrk/ drus �t `,c oars Saa.e /Mr- aid 1 su/i/ rw 2 rtf en cJ h/.F to /o c nni>7q . /Y -Yy K w-k, b� rJ c u e+ eus.t-o, / G .. 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Z-Z,?-oo ete/ ry tan CtdHc?c1br�/ e, -p5,rn Co^-Ira/ 1"6asurCS , ke sacd /+eta gel- A 7 -19 -0o 4"-vt'r7 occu/o/9xlty * acres Lw„ en Leaf Pia AddaT srLTl RuN c.+rG a-r? sirg- f/ si4c0 .f l-CrAn /fauF /eK FN TL 8eE3,-1 l Agavonw A" wf &i - 7- 144"N4 7&7WV0Al' to -lf -o� Cq./ <<4 BoP� /) yo /ans X90¢ S /yam t) crw� Af, ci and 3� /tan -`�•• Ef' � r�(4.0 S �r /xe?7S ..� m14429 CITY OF ENCINITAS - ENGINEERING SERVICES DEPARTMENT ACTIVITY REPORT DATE: /O -00 PROJECT NAME: igrdtc& ffes.'c1e/K� PROJECT NUMBER: STREET LOCATION: �Yto/ �a�e /Y(�vCJr fd PERMIT NUMBER: Sq4a6S CONTRACTOR: fELEPHONE� 97q 56D --7.b8 /0-30 -00 SnLG X/o Atn(qry oi✓ lot eAJ77AJ& s[aPC 440^,K, FWOA17�%I& (�u�� /e�L_ aavE 1 uejTk. /,-- �i A/ lJ7Nl� "14,S il/OT 57y9Q7Z;O &<X7. (-ILL 7AP- 97.A14j2W u vn C- J G n� is j _6C- �/� (o - oo ✓trig =/rG/ A-t �010M'4 2 Or {Ion f S /opt S Eitc�lt!!n . 17-3--02- �4ii (¢st 3 c/ears. 5eaacVe eve, fh. 'ev -Ox 9i drry to vi i S =le. {rd f J ra ! /rc� u!o flra' {c+Ev y1'h� 1 Cod d qe� his Ci�i �Cr �je o�oded r erfYPi �afio� 1 rry /&( raI fir. c �C�ir.� 12 -19 -o2- ecr i/ed As- 9radV Pernes S.-p�-Wa2K. m14429 August 27,1999 Mr. Craig Kinsman I 5EP 2 0 " 4737 Finchley Terrace San Diego, 92130 ENGINEERING SERVICES RE: Lot #4 3471 Call e Margarita Encinitas, CA 92024 Dear Mr. Kinsman: Allow me to introduce myself. I am Jan Ardecky, owner of Lot #5 to the south of your lot. We have never met, but I believe you have met my husband Bob. I don't know if you have been out to your lot recently, but we have begun grading on our lot. Because of the fill on the east side of the lot as it slopes off, we had to cut a deep key and then remix the dirt with the good dirt (sandstone). The graders have been stockpiling the sandstone on the west side of our lot to use for mixing as they continue to grade. However, they are running out of room to stockpile. We are requesting your permission to stockpile some of the sandstone on the south side of your lot for approximately one week as the graders continue to amend the dirt. I would take a picture of your lot first and then again after we have removed our dirt, to assure you of returning your lot to its previous condition. Todd Baumbach, Engineering Inspector for the City of Encinitas, would also be notified to assure that we return your lot to it's previous condition. We would greatly appreciate your considering our request, and need a response from you by Monday, August 30t° so that we don't have an interruption in work. Unfortunately, no one had a phone number for you that would have allowed us to expedite this matter. Please call us at our home # (760) 6342312 or Bob's work # (858) 550 -7508. We look forward to having you as neighbors some day and hope you are moving along with your plans. Sincerely, Jan Ardecky 3307 Calle Del Sur Carlsbad, CA 92009 cc: Todd Baumbach Engineering Inspector 505 S. Vulcan Avenue Encinitas, California 92024 -3633 TO: FROM: 04: ENGINEERING SERVICES DEPARTMENT Cary Of Capital Improvement Projects District Support Services Encinitas Field Operations Subdivision Engineering Traffic Engineering Field Clearance to Allow Occupancy Subdivision Engineering Public Service Counter Field Operations Private Contract Inspection Building Permit No. Name of Project ICs ,e c _ � Y �lccessor 611( Y eence sid Name of Developer �, Arc(ecKl I have inspected the site at 34(el `' ,t ,e Ali a4, l a (address...number ...streetname ..suffix) and have determined that finish (precise) grading and Rot no.) (bidg no.) any other related site improvements are substantially complete and that occupancy is merited. 7 - -- 19 - -- 00 (Date) (Signature of Senior Civil Engineer, only if appropiate) (Date) Reference: Engineering Permit No. 5942G1 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. 1SG /field.doc I TEL 760 -633 -2600 / FAX 760 -633 -2627 505 S. Vulcan Avenue. Encinins. California 92024 -3633 TDD 760 -633 -2700 1 !� recycled paper Tri- Dimensional Enqineerinq, Inc. E N G I N E E R I N G • P L A N N G S U R E Y I N G 1 PAGES TRANSMITTED VIA FACSIMILE TELECOPIER TO: ORIGINAL: []WILL ❑WILLNOT FOLLOWBY: December 11, 2002 Community Development City of Encinitas 505 S. Vulcan Ave Encinitas, CA 92024 Re: Grading Permit No. 5992 -G To Whom It May Concern: The grading under permit no. 5992 -G has been performed in substantial conformance with the approved grading plan or as shown on the attached as graded plan. Sincerely, Tri- Dimensional Engineering, Inc. 11Q1� Ernest H. Grabbe, Jr. C04732 7 ' 4i 12_1t -Ql • Ga P. O. Box 791 - Poway, CA 92074 (858) 748 -8333 Fax (858) 748 -8412 ENGINEERING SERVICES DEPARTMENT CZjh) �f Capital Improvement Projects JJ'' District Support Services Encinitas field Operations Subdivision Engineering Traffic Engineering ROUGH GRADING APPROVAL TO: Subdivision Engineering Public Service Counter FROM: Field Operations Private Contract Inspection RE: Grading Permit No. 5992 G,i Name of Project 4# -decK U Residence Name of Developer R� 6er-t - g TetnIm Ar-ee., --6i site Location 3q411 ea ItAE r9ar,'�d .!address ...number ... street name ...suffix! tlotl lbldgl have inspected the grading at the subject s' pnd have verified certificatiorn of the pad by the Engineer of Work, 7;-;— brir�rnsrosf Feed - -r27 and certification of soil compaction by the Soil Engineer, p� ,Qwweu. dated - 9 -721--99. 1 am hereby satisfied that the rough grading has been completed In accordance with-the approved plans and specifications, Chapter 23.24 of the Municipal Code, and any other applicable engineering standards and specific project requirements. . I . Based on my observation and the certifications, l take no exception to the issuance of a building permit for the lot(s) as noted or Phase , if any, but only in so far as grading Is concerned. However, this release is not intended to certify the project with respect to other engineering concerns, including public road, drainage, water, sewer, park, and trail improvements, and their availability, any other public Improvements, deferred monumentation, or final grading. Prior to final inspection of the Building Permit(s) and legal occupancy, I need to be further advised so that I can verify that final grading li.e., finished precise grading, planting and irrigation) has been completed in accordance with the approved plans and specifications. 9 - -- 2 9g mate) !Signature of Senior Civil Engineer, only it appropiate) (Date) Reference: Building Permit No. - -- Special Note; Submit this form, if completed, to counter staff merely by placing a copy of it in both engineering technicians' in- boxes. Please remember to du a final inspection of the grading permit and submit that paperwork, when completed. Office staff will handle the appropiate reductions in security, if any, and coordination with Building Inspection. Thank you. 1SG /field3.docl TEL 760 - 633 -2600 1 FAX 760 - 633 -2627 505 S. Vulcan Avenue, Encinitas, California 92024 -3633 TDD 760 -633 -2700 0 recycled paper Sent By: TRIDIMENSIONAL ENGINEERING; Tri E N G 619 748 8412 ; Sep -27 -99 9:58AM; Page 1/1 �sional Engineering, Inc. • P L A N N I G S U E Y I N G _1_ PAGES TRANsa4mm VIA FAcsim it TELECOPIER TO ORIGINAL ❑WILL ❑WILL NOT FOLLOW vIA ❑MAm OFEDEX ❑OTnER %4 03-Z818' September 27, 1999 City of Encinitas Engineering Services Permits 505 S. Vulcan Avenue Encinitas, CA 92024 Re: Engineer's Pad Certification for Project No 97 -100, Lot 5, Map 13566 Grading Permit Number: 5992 -G Gentlemen: Pursuant to section 23.24.310 of the Ecinitas Muhicipal Code, this letter is hereby submitted as a Pad Certification Letter for Project No- 97 -100, Lot 5, Map I3566, Grading Permit Number. 5992 -G. As the Engineer of Record for the subject project, I hereby state all rough grading for this project as been completed in conformance with the approved plans and requirements of the City of Encinitas, Codes and Standards. 23.24.310(B). The following list provides the pad elevations as field verified and show on the approved grading plan: Lot No. Pad Elevation Per Plan 5 324.8 Pad Elevation per Field Measurement 324 -82 23,24,310(B)1. Construction of line and grade for all engineered drainage devices and retaining walls have been field verified and are in substantial conformance with the subject grading plans 23.24.310(B)5. The location and inclination of all manufactured slopes have been field verified and are m substantial conformance with the subject grading plan. 23- 24.310(B)6. The construction of earthen berms and positive building pad drainage have been field verified and are in substantial conformance with the subject grading plan. �oQRpFESSIph incerely, sional Engineering, Inc. 5 C 2 r W.LW7327 rn E■p.1241 -99 b est H- Grabbe, Jr. P. O. Box 791 • Poway, CA 92074 - (865) 748 -8333 • Fax (868) 748 -8412 COAST GEOTECHNICAL CONSULTING ENGINEERS AND GEOLOGISTS June 28, 1999 \� 'ra ✓ vk* N -AT ciC 9r*Atr'5 PMJA�+ Robert and Janice Ardecky 3307 Calle Del Sur Carlsbad, CA 92009 JUL 1 5 1999 U Subject: FOUNDATION PLAN REVIEW Proposed Single - Family Residence Lot 5, Terminus of Calle Margarita Double L Ranch Estates Olivenhain, California Reference: PRELIMINARY GEOTECHNICAL INVESTIGATION Lot 5, Terminus of Calle Margarita Double L Ranch Estates Olivenhain, California Prepared by Coast Geotechnical Dated November 20, 1998 Dear Mr. and Mrs. Ardecky: We have reviewed the proposed foundation plans prepared by Roger W. Forburger, Architect, dated March 28, 1999. The plans, in general, include the recommendations presented in our Preliminary Geotechnical Investigation. However, the conventional foundation and slab design parameters presented as an alternative in the preliminary study is a less desirable approach than a post- tensioned slab. 779 ACADEMY DRIVE • SOLANA BEACH • CALIFORNIA 92075 16191755-8622 • FAX (619) 755 -9126 June 28, 1999 W.O. P- 284098 Page 2 1) Footings along the rear of the residence and patio should be maintained a minimum horizontal distance from the face of the slope in accordance with the Uniform Building Code (11/3 but need not exceed 40 feet). 2) The design parameters provided in the referenced geotechnical study and the foundation plans reviewed in this report are considered preliminary in nature and may need revision or total re- design based on actual geotechnical conditions at the completion of rough grading. These aspects will be addressed in the geotechnical rough grading report. 3) Deepened footings and thickened slabs reduce the adverse affects from expansive soils but will not eliminate them. Some degree of cracking and movement should be anticipated in concrete slabs and footings. IdMITATIONS The findings and opinions presented herein have been made in accordance with generally accepted professional principals in the fields of geotechnical engineering. No warranty is provided. June 28, 1999 W.O. P- 284098 Page 3 If you have any questions regarding this letter, please contact our office. Reference to our Job No. P- 284098 will help expedite a response to your inquiry. Respectfully submittt COAST GEOTECHNI Mark � Engineering Geo Exp. N Vithaya Singhanet, Geotechnical Enuh 702 x.12 -x -01 .1.. COAST GEOTECHNICAL CONSULTING ENGINEERS AND GEOLOGISTS September 8, 1998 Christopher Lloyd 2572 Lone Jack Road Encinitas, CA 92024 Subject: FINAL GEOTECHNICAL REPORT Double L Ranch Estates Calle Margarita Northerly Extension TM 97 -100 Encinitas, California References: PLEASE SEE PAGE 8 Dear Mr. Lloyd: In response to your request, we have performed field observations and testing during the private road development phases on the above referenced property. The results of our density tests and laboratory testing are presented in this report. Based on the results of our testing, it is our opinion that the fill observed was placed in an adequate manner and compacted to a minimum of 90 percent or 95 percent of the respective laboratory maximum dry densities. The control of surface and subsurface water is essential to the future performance of the road. If you have any questions, please do not hesitate to contact us at (619) 755 -8622. This opportunity to be of service is greatly appreciated. Respectfully submitted, COAST GEOTECHNICAL *41 J Mark Burwell, R.G. Geologist � SING, Singhanet, Geotechnical Engin 782 x.12.31 -01 779 ACADEMY DRIVE • SOLANA BEACH • CALIFORNIA 92075 (619) 755 -8622 • FAX (619) 755 -9126 FINAL GEOTECHNICAL REPORT Double L Ranch Estates Calle Margarita Northerly Extension TM 97 -100 Encinitas, California Prepared for: Christopher Lloyd 2572 Lone Jack Road Encinitas, CA 92024 September 8, 1998 W.O. G -10063 Prepared by: COAST GEOTECHNICAL 779 Academy Drive Solana Beach, California September 8, 1998 W.O. G- 100063 Page 3 This report presents the results of our observations and field density testing on the subject property. The project included the construction of approximately 200 lateral feet of a private road, construction of proposed fill slopes, placement of granular materials as subgrade deposits, placement of Class 2 base and utility trench backfrll. The results of our density tests are presented on Table I. The approximate locations of these tests are shown on the enclosed Grading Plan. LABORATORY TEST DATA The laboratory standard for determining the maximum dry density was performed in accordance with ASTM D 1557 -91. Field density tests were performed in accordance with ASTM D 1556. The results of the laboratory maximum dry density, for the soil types used as compacted fill on the site, is summarized below: Maximum Dry Density Soil Type Description {p.c.Q A Mixture of on -site 117.0 soils, dark brown slightly silty, sandy clay Optimum Moisture ( %) 15.0 B Class 2 base 132.0 8.5 material C Water line sand 114.0 8.5 bedding, grey sand D Borrow site: Whitish 118.0 11.1 tan fine and medium - grained sand with minor clay September 8, 1998 W.O. G- 100063 Page 4 GEOTECHNICAL CONDITIONS The northerly extension of Calle Margarita is underlain predominantly by fine and medium - grained sandstone with interbeds of siltstone. The sedimentary units appear to correlate with the Torrey Sandstone. The sandstone is underlain at depth by pale green sandstone, siltstone and claystone which appear to be lithologically equivalent to the Del Mar formation. The sedimentary units are overlain by approximately 2.0 feet of dark brown sandy clay soil. DISCUSSION The grading contractor on this project was Lane Fukuda Excavating. Underground utilities (sewer and water) were constructed by Nashco and the pavement section was constructed by J. R. Pina. The following is a discussion of the general grading operations, as they were performed on the site: 1) All surface deleterious material was removed from the area of the proposed road prior to grading. 2) A minimum 12 foot wide keyway was excavated along the base of the proposed All slope extending approximately 1.0 foot into the underlying sandstone along its outside edge. September 8, 1998 W.O. G- 100063 Page 5 3) Fill consisting of a mixture of excavated materials was placed in lifts of about 6.0 to 8.0 inches thick. The fill was moistened as required, to achieve near optimum moisture content, and compacted by track rolling with heavy earth - moving equipment and by a motorized sheepsfoot. The fill was benched into the underlying sandstone. 4) The cut/fill transition was undercut approximately 2.0 vertical feet in order to remove clayey soil deposits. Sandstone was excavated from Lots 3 and 4, borrow pit area, adjacent to the northern terminus of the road. The predominantly granular material was placed in the upper 2.0 feet of the road subgrade in the manner indicated above. 5) Fill slopes were overbuilt and trimmed back to a maximum gradient of 2:1 (horizontal to vertical). 6) Sewer trench and water line backfill is composed of a mixture of predominantly granular on -site materials above bedding. The backfill was placed in 8.0 to 10.0 inch lifts, moistened as required and compacted with a sheepsfoot attached to a track - mounted excavator. 7) Prior to placement of Class 2 base, the street subgrade was scarified, moistened as required and compacted with a vibratory smooth drum roller. September 8, 1998 W.O. G- 100063 Page 6 8) The Class 2 base section was placed and compacted with a vibratory smooth drum roller. However, it was noted that the base materials were composed of reconstituted deposits. It is our understanding that the base materials meet Cal Trans standards for Class 2 base. 9) The following structural section was constructed: (R -value 44) 3.0 inches of asphaltic paving on 6.0 inches of select base (reconstituted Class 2) on 12 inches of compacted subgrade soils CONCLUSIONS 1) Selective testing and observation during rough grading suggests the fill was adequately placed and compacted to a minimum of 90 percent of the laboratory maximum dry density. 2) Selective testing and observation during compaction of street subgrade soils suggest that the predominantly granular deposits were compacted to 95 percent of the laboratory maximum dry density. Selective testing of the Class 2 base suggest these materials were compacted to a minimum of 95 percent of the laboratory maximum dry density. September 8, 1998 W.O. G- 100063 Page 7 3) The borrow pit area was excavated to a depth of approximately 3.0 to 4.0 feet and backfilled with uncompacted clayey soils. The approximate locaton of the borrow pit is shown on Plate A. LIMITATIONS This office assumes no responsibility for any alterations made without our knowledge and written approval, subsequent to the issuance of this report. All ramps made though slopes, and other areas of disturbance which require the placement of compacted fill to restore them to the original condition, will not be reviewed unless such backfilling operations are performed under our observation and tested for required compaction. Observations and density testing were performed on a periodic basis only. Complete observation and testing during the grading phase was not desired by the owner. The future performance of the road is dependent upon numerous unpredictable factors such as subsurface water migration from lot development, high ground water conditions and potential traffic from trucks and heavy equipment. Due to the nature of the underlying geotechnical conditions, varying degrees of maintenance will be required to maintain the road. Enclosures: Plate A Table I (Pages 1 -3 ) Portion Of Grading Plan September 8, 1998 W.O. G- 100063 Page 8 REFERENCES 1) FIELD MEMO Class 2 Base Compaction Calle Margarita Northerly Extension TM 97 -100 Encinitas, California Prepared by Coast Geotechnical Dated August 18, 1998 2) FIELD MEMO Subgrade Compaction Calle Margarita Northerly Extension TM 97 -100 Encinitas, California Prepared by Coast Geotechnical Dated August 11, 1998 3) PAVEMENT SECTION Double L Ranch Estates Calle Margarita Northerly Extension TM 97 -100 Encinitas, California Prepared by Coast Geotechnical Dated August 4, 1998 4) GEOTECHNICAL RECONNAISSANCE Proposed Division of 13.2 Acres Lots 1 through 5, inclusive Encinitas, California Prepared by Coast Geotechnical Dated May 15, 1997 ENCLOSURES RANG --' + HO VERDE UN/TS 3 � 3 F SUBDIVISION - - _ _ _ 1 - BOUNDARY X105 N 2-35,19. W.__.i_ +. I ' f '217 100' 50' .... 0 - '--�100' 200' SCALE: 1 =100' h '44 6 �._ - - -- -- 0 t r BDIVISION 1 ZZ PORTION OF GRADING PLAN (SHOWING BORROW PIT AREA) r r t �t y� I N W PLATE A LABORATORY TEST RESULTS TABLE I Field Dry Density and Moisture Content TABLE I (Continued) Field Dry Density and Moisture Content (Sewer Line Trench Backfill) Approx. Moisture Dry Relative Test Test Height Content Density % Soil Date No. Location Of Fill % (pcf) Compaction Tyne 7/01/98 1 See Map 2.0' 13.6 110.4 94 A 7/02/98 2 See Map 5.0' 11.7 114.9 97 D 7/03/98 3 See Map 4.0' 16.2 109.6 93 D 7/06/98 4 See Map 0' 6.1 113.2 Sandstone D 7/07/98 5 See Map 6.0' 12.9 112.5 95 D TABLE I (Continued) Field Dry Density and Moisture Content (Sewer Line Trench Backfill) (Page 1 of 3) Approx. Moisture Dry Relative Test Test Height Content Density % Soil Date No. Location Of Fill % (pcf) Compaction Type 7/09/98 S1 Sta.7 +25 6.0' 13.2 107.3 91 D 7/09/98 S2 Sta.7 +75 2.0' 13.9 106.8 92 D 7/11/98 S3 Sta.8 +20 4.0' 16.0 106.4 90 D 7/11/98 S4 Sta.8 +75 6.0' 14.5 106.7 90 D 7/13/98 S5 Sta.8 +00 4.0' 11.6 110.8 94 D 7/14/98 S6 Sta.9 +35 8.0" 14.9 106.1 90 D 7/14/98 S7 Sta.9 +30 5.0' 12.3 106.2 90 D (Page 1 of 3) LABORATORY TEST RESULTS TABLE I (Continued) Field Dry Density and Moisture Content (Water Line Trench Backfill) TABLE I (Continued) Field Dry Density and Moisture Content (Joint Trench Backfill) Approx. Approx. Moisture Dry Relative Test Test Height Content Density %s Soil Date No. Location Of Fill % (pcf) Compaction Type 7/15/98 W1 Sta.7 +50 Sand Bedding 7.5 104.6 92 C 7/15/98 W2 Sta.8 +50 Sand Bedding 9.8 107.9 95 C 7/16/98 W3 Sta.7 +30 Sand Bedding 9.5 108.5 95 C 7/16/98 W4 Sta.8 +80 Sand Bedding 8.5 107.7 95 C 7/17/98 W5 Sta.7 +90 1.5' 11.5 108.0 92 D 7/20/98 W6 Sta.9 +05 1.5' 12.9 105.6 90 D TABLE I (Continued) Field Dry Density and Moisture Content (Joint Trench Backfill) (Page 2 of 3) Approx. Moisture Dry Relative Test Test Height Content Density % Soil Date No. Location Of Fill % (pcf) Compaction TvT)e 8/03/98 JT -1 Sta.8 +80 2.0' 8.1 105.2 92 C 8/03/98 JT -2 Sta.8 +08 2.5' 10.3 104.8 92 C 8/03/98 JT -3 Sta.7 +35 2.5' 11.5 104.5 92 C (Page 2 of 3) Test Date No. 8/07/98 SG1 8/07/98 SG2 8/07/98 SG3 8/17/98 SG4 8/17/98 SGS Test Date No. 8/10/98 B1 8/18/98 B2 8/18/98 B3 8/18/98 B4 LABORATORY TEST RESULTS TABLE I (Continued) Field Dry Density and Moisture Content (Road Subgrade) TABLE I (Continued) Field Dry Density and Moisture Content (Class 2 Base) Moisture Dry Relative Test Approx. Content Density % Soil Location Elev. % cf) Compaction Tvpe Sta.7 +25 S.G. 8.6 113.2 96 D Sta.8 +88 S.G. 8.3 113.3 96 D Sta.9 +16 S.G. 8.9 113.9 97 D Sta.8 +95 S.G. 10.1 111.6 95 D Sta.8 +42 S.G. 10.9 114.6 97 D TABLE I (Continued) Field Dry Density and Moisture Content (Class 2 Base) (Page 3 of 3) G- 100063 Moisture Dry Relative Test Approx. Content Density Soil Location Elev. % cf) Compaction Type Sta.6 +62 Grade 5.9 125.7 95 B Curb Sta.7 +10 Grade 9.9 126.7 96 B Sta.8 +50 Grade 8.9 125.1 95 B Sta.8 +20 Grade 10.9 126.3 96 B (Page 3 of 3) G- 100063 U W? F- Q U� a dt ° 3z IUe I ___ _ - - �-ExISnN GRAD €_ -DOE EMS, B -PVC 3ZD - o. - -0VERLAY _- :- WATER- iC1�50)- r -.- _. __- �., _- -' - ZQ { -- � q -3 .KEW $ FVC 35 NEW-6 'PYC 53 - EXaSiB ELEVATIONS ND1- --c - ` _- _- � ELEVATION A09JSTMENTS HERELM' tTEID �RtFlED� NAY BE REG01RE,b PRVEMENT -. -., r'r�STB3YC 5S ® - ! -�- - 2 THE �GIaYiRACTCM91Rti" FIEID�EA�Y 'AU.`f�2itWGttSiLltiES'A ]a HOURS FRKM TO n# iiARl- INNiJC {EXdikNNG .. _- - - -IN MSS S AND HLt D"I: £&GWEER-0f k4:W1C $HALL BE,NDnFIED -- -_ -_ -_ U1 WRtnNG OF AJtY D6CrTEPAKCY AND - _.__ — - - - -- I_ 4 -50 —54 00 5 +�0— 64-b0_ —6 0 7 OQ 7 +50_ 8 +Q0 — 8 +50 - 9 +QQ — -9 +50 - -- -- -. _ - -- — -- P-ROFJLE ° %- GALLE---MA#�A-Rl3A NOR.T1 EXTENSION - -- _ - �-; o _ 335— — =a a�� — a� —�� — 35 — — x -- - - -- _ - -- T TDP A -t -„- _ H6114 =f6.i& i 17-'O�� DIKE . -�. Lm6RW&f4 =t649' _- !! — — 325— -- —325 A- �� E6]- — — -- - � r �31KE T T- �R w go - OT 1 9,p _ 1011191 sata to _ L/ Pte( ao PCi 1 n {Ga4 %HE4 BY SOIL / I v ° w m �P%sm Arc der tY 5. 3tt€x. - _ ELECT1 S �m C` \ -- 3 . car z \ _ m�� ac P u/e UrruTr r � ' ���\ - --SCAN / �3 - - lE ROAD + u i T / L 1 7L- O9Q2MY4 '�'-' l \ .KNNT )BENCH 2:t Fltt SLOPE {TW) G. EXEX 8° PVC /5ENER .PER GS 169 DNDAR M' p 918D1VlSIQN / / ' ( M MRRARI� = o / ' ;T f�/ / / // .- _ 5 00 -'O // Lr / f !wz /e +00.h V `f ( i PRIYAiE ROAD EASEMENT f� -' ' 2 8 900 i t\ / // a - - f? EX --,k WATER F N�808� x 6' AC DIE f "`� 2 8 A�eH R T 111 - "i.F i LDT EECiRiC SEftNCE {\ \/ K£ _ - .__ r f -- " - fN?i RESURFA G S - - - - -- -- \1 PE#v 24 {r) { /I SiRUCNRALY �� "� �9TGPAtYE BON S -? ia��6Y S9SDSSOHB I y- F �/ ✓ F _ ----- LOT 5 - - -- I a I 10T 4 (wvaes it S 3` AC �CiKw/ m 't" :. / iRDCNRa. o p�-.I AC DIKE DATA 1 �-L ..� Y m SEC. - /DELTA RADIUS tENGTH 2/1 DOT S.aPE (tml t/ i IYJI 17445 OVE- iS NOTE _ 0� R LINE AND SURFACE IMPROVEMEtlTS CNLY 2 3670YD" 10400' 6596' - 902990� RE FOR THE Mc` CONSTRUCTION OF ME 1 01 ,��NIO'S8'08 "W t45.64' DATA IS SHOWN HEREON fOR REi£RENCE ❑ SEE CITY OF ENCINtiA6 DRAWING CS 249 4000' de 86' T 6EWER CONSntUCnON INFORMAnCw w A_ 7"DNI- 4000' 54.69' d 68Lq'i6" 4000' 4].48' 36°ZOYO 2537' 8 'm pt ,r( WATER DA NE 3620'10° 104.00' 65. W AS BUILT * O N6 c (CLty� l �- THE I AC PAVEW NT OVERLAY SHAt1 EXTEND OVER ALL �S 1 •t B €NfiITY £ (epFTac) f 2 & A FRA ERtt tME ST BONING AT CtNRRLiNE INTERSECnO.V. 4p�"� ^_ N4i WATER _ $AC �,5 il SETSti , 3J °xi8° YANTIfD IRON PIPE k BRASS m :urt Fk5'O LS 4368 SUR T SHALL BE RESET BY •sci BOA83 €S1'ANO f CALK- IA- LICEN6E0 AND SURtEYOR W4nl NlS TA �i £Y.ASSS BAS G ( AtFiXEO A ER RECORD SHAM BE EKED Q i$eHf OFRi.L (appniti.j RECORDED ASP OF THIS WdtK i + . M f l"1T Z s\ LU AJ - S E 4 4' I /-4 mI ?t I - p.. 2 bF 1 w PO 10 5 0 20' 40 SEC. BEARMC LENGTH - N1058'Oe °W - 245.00' I PIN, bAgT y_I„ 444{{{ GFPDE 0.YiTWft AnON m m mss. SCALE' t "= 20'I`O MICHAEL K. PASKO RCE 41022 DATE WATER MAIN EXTENSION NO. 1)49D PEWSONS ;APPROVED I DATE REFERENCES DATE BENCH MARK OC 0073 SCALE SPECIAL DISTRICT DESIGN D r : BY APPROVALS CITY OF ENCINITAS ENGINEERING DEPARTMENT I DRAWING ND. HSELED so TOP HD a11 NARKED w/ °EEL cE Posr AT sw CAP PIT E CAM ORT- & R.40 SANTA f£ RD 23 - TA FE RD & 1-1 EL 119.7 M.SL HoarzoNTAt: 2D' VERTICAL: t =tn PUNS RRmRARpDIm caE / � DAB 1 p �6 E G, e,. dt0 2 ,wiCriAE. K ' s?xXCa �>P 3f3T/ss R7 tMEMDED AF vED I '-+ B'~ C RM -3 :TS B'ut -4g -._ DATE: 3 -Lµ- PRIVATE DRIVE /GRADING /WATER PLAN CALLE MARGARITA NORTHERLY EXTENSION TM 97 -100 5259 — G _ J of 4 U W? F- Q U� a dt ° 3z IUe COAST GEOTECHNICAL CONSULTING ENGINEERS AND GEOLOGISTS August 4, 1998 Christopher Lloyd 2572 Lone Jack Road Encinitas, CA 92024 Subject: PAVEMENT SECTION Double L Ranch Estates Calle Margarita Northerly Extension TM 97 -100 Encinitas, California Dear Mr. Lloyd: R -value tests were performed on representative samples obtained from subgrade soils for the northerly extension of Calle Margarita. The road subgrade was capped by approximately 2.0 feet of relatively sandy deposits obtained from the borrow site delineated on the grading plan. The subgrade deposits are composed of tan to brown slightly clayey sand. • r Calle Margarita (Sta. 7 +54 to Sta. 9 +60) (Traffic Index of 4.5, R -value 44) 3.0 inches of asphaltic paving on 6.0 inches of select base (Class 2) on 12 inches of compacted subgrade soils 779 ACADEMY DRIVE • SOLANA BEACH • CALIFORNIA 92075 (619) 755 -8622 • FAX (619) 755 -9126 August 4, 1998 W.O. G- 100063 Page 2 Subgrade soils should be compacted to the thickness indicated in the structural section and left in a condition to receive base materials. Class 2 base materials should have a minimum R -value of 78 and a minimum sand equivalent of 30. Subgrade soils and base materials should be compacted to a minimum of 95 percent of their laboratory maximum dry density. The pavement section should be protected from water sources. Migration of water into subgrade deposits and base materials could result in pavement failure. Observations and density testing during the rough grading phase for the northerly extension of Calle Margarita suggests that the fill was adequately placed and compacted to a minimum of 90 percent of the laboratory maximum dry density. If you have any questions, please do not hesitate to contact us at (619) 755 -8622. This opportunity to be of service is appreciated. Respectfully submitted, COAST GEOTECHNICAL Mark Burwell, R.G. 6.91-00 * Vithay Singhanet, P.E. Geologist �Q Geotechnical Engineer rE ,p SiN�'Yy Enclosure: Vicinity Map ' CI P 1 2-3 1 -01 ENCLOSURE + •r � ��j� 151 �� .� EXISTING PCC DITCH SEE CARLSBAD Flo owl kkk Vi . EXIS77NG 24' PRIVATE ROAD EASEMENT P CL 744 i