Loading...
1998-5768 G/IENGINEERING SERVICES DEPARTMENT Capital Improvement Projects City Of District Support Services Encinitas Field Operations Sand ReplenisbmenUStormwater Compliance Subdivision Engineering Traffic Engineenng June 14, 2000 Pirouz & Azita Etemad 13445 Mango Drive Del Mar, CA 92014 Re: Tentative Parcel Map 97-281 "portion Lot 12, Rancho las Encinitas" (Minor subdivision of 3 SFD parcels @ 1735 Olivenhain Rd) Grading Application 5768GR [Rough Grading /Erosion Control /Private Roadl Improvement Application 5768IR [Public Road, Deferred Monuments] A.P.N. 25S-221-32 Permit issuance requirements This correspondence briefly summarizes the Engineering Permit process. Drawing 5768 - G and Drawing 5768 -I, and the mylar original of the Final Parcel Map, corresponding checkprints and draft documents, have been resubmitted, subject to a fifth review. Upon satisfactory completion of the review, the Director of Engineering Services will need to sign his approval, which will be valid for three years. In order to obtain the necessary Engineering Permits to construct per these Drawings, you will need to satisfy the following requirements: (1) Ensure that the proposed Final Parcel Map is technically correct. 12) Obtain all plan approvals then provide 4 blueline copies of each approved Drawing. (3) Post Security Deposits as follows: (a)GRADING PERMIT... in the amount of $34,468.00 to guarantee performance of earthwork, site retaining walls, storm drainage, common access, and erosion control, and (b)IMPROVEMENT PERMIT... in the amount of $5,148.0 to guarantee performance of public road improvements, and in the amount of $600.00 to guarantee deferred monuments' performance and payment. Of the amount in 3(a), up to $29,370.00, and of the amounts in 3(b), 100 %, may be in the form of a Performance Bond, and, in the case of deferred monuments, a Labor and Materials Bond, issued by a State of California licensed surety company. The balance of the amount in 3(a), a minimum of $5,096.00, 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. MM /jsg/97 -281 i.doc I TEL 760 -633 -2600 1 FAX 760 -633 -2627 505 S. Vulcan Avenue, Encinitas. California 920243633 TDD 760- 633 -2700 1# recycled paper (4) Pay an additional Plan Check Fee of $100.00 for Erosion Control. (5) Pay non - refundable Inspection Fees as follows: (a)GRADING PERMIT... of $1.723.00, (b)IMPROVEMENT PERMIT... of $257.00, and (6) Pay a Flood Control Fee of $672.00. The rate is $0.21 /SF and is assessed on the common driveway. Additional assessments will be levied during the development of the parcels. (7) Provide the name, address, telephone number, and state license number and type of the construction contractor. Construction and repair of public improvements is restricted to qualified contractors. Depending on the work to be done, the contractor will need to possess as follows either a valid: (a) Type "A" General Engineering, any work, (b) Type "C -8" Concrete, apron, curb, gutter, and sidewalk, or (c) Type "C -1 2" Grading & Paving, any surface improvement, state license, and meet the minimum insurance requirements as stated on the accompanying handout. (8) Provide a work schedule per Municipal Code 23.24.200. (9) Sign the Permits and Right -of -way Standard Conditions. 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 you or your contractor scheduling the mandatory pre- construction conference. For more detail, especially on whose attendance is needed, and as a reminder, see Grading Note 48 and Improvement Note 414. Informal phasing of the project may necessitate more than one such conference. A separate Right -of -way Construction Permit will be required for any work in the public right - of -way of Olivenhain Road that is not shown on the approved Drawings. Typically, this work may include excavation, backfill, and resurfacing to install electric, gas, telephone, and cable television lines, and set their vaults and pedestals. A Permit Fee of $250.00 per application, and a site plan, preferably the work order issued by the public utility, will be required. The contractor license and insurance requirements will remain unchanged. Permits must be issued at least 48 hours in advance of the start of work. Haul Routes, Traffic Control Plans, and Transportation Permits, all are handled by the Traffic Engineering Division, which can be contacted at (760) 633 -2704. An acceptable Traffic Control Plan will be required prior to the start of any work within the Olivenhain Road right -of -way. A typical plan shows all delineation, tapering, advance signage, temporary striping, barricades, and Flagman positions, and provides a schedule of operations. MM /jsg/97- 281 i.doc2 Pursuant to Fire Department rules and regulations, prior to any combustible materials being placed on -site, the common driveway shall have received its first lift of asphalt paving. 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. Substantial increases in valuation due to the proposed changes may be cause for assessment and collection of additional inspection fees and security deposit. Prior to issuance of any 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, substantial completion of improvements, and safe access. A proportional reduction of tip to 75% of the Security Deposit assigned to the Grading Permit may be merited and forthcoming. As- builts of Drawing 5768 -G and Drawing 5768 -I, prepared by the Engineer of Work and approved by the Engineering Services Department, will be required prior to Final (Grading) Inspection and (Improvement) Acceptance Inspection. Verification by the assigned Engineering Inspector of the setting of monuments deferred since approval of the Final Parcel Map, and certification and proof of payment for labor and materials, all by the Preparer of the Map, will be required prior to Final Inspection and Acceptance Inspection. Filing of Corner Records may be required. Submittal, approval, and recordation of a Certificate of Correction will be required if there are any changes in the implementation of Final Parcel Map instructions. Satisfactory resolution of all deferred monument issues will merit release of the Security Deposit assigned. Satisfactory completion of Final Inspection is a prerequisite to full release of the Security Deposit assigned to the Grading Permit. Please note that Building Permit final inspections are a separate event apart from any Engineering Permit final inspection and are not necessarily coincidental. Satisfactory conclusion of Acceptance Inspection and formal acceptance by the City Council is a prerequisite to a 75% reduction in the Security Deposit guaranteeing performance of public road improvements, and start of the mandatory one -year Warranty Period. The retention shall be held for the duration of the Warranty Period and will be released only after the satisfactory completion of the Warranty Inspection. The Warranty Inspection cannot be scheduled until after the expiration of the Warranty Period. This letter does not change subdivider or successor -in- interest obligations per the proposed Parcel Map. 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, and Fire Prevention Bureau, all of the City, and the Olivenhain Municipal Water District, Leucadia County Water District, Encinitas Union School District and San Dieguito Union High School District, all separate public agencies. Please inquire at their respective counters. MM /jsg /97 -281 WoO 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 traffic mitigation and additional flood control fees. Certain impact fees are subject to substantial increase in the near future; you may elect to pay early but only after formal submittal of building plans. If there should be a substantial delay in the start of your project, please request an update of this letter. 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, 6 � JIVIle �01 Jeffrey S. Garami Engineering Technician Subdivision Engineering cc Carl Steffens, Preparer of Map Greg Shields, Senior Civil Engineer Carla Kay, Engineering Inspector Greg Caudill, Engineering Technician permiUflie enc Subdivision Improvement Security Obligation Agreement Right -of -way Construction Permit Standard Conditions Requirements for Proof of Insurance Utility Trench Backfill and Resurfacing Standard MM /jsg/97.281 i.doc4 W SLID 06:00 13{' TEL NO: #055 rW Key DATE: CT SUB (A Plea cend Case have . iLY1R 9 CITY OF ENCINITAS MXKORANDUM TM 97 -281 Director, Engineering Services Department Laueadia County Water District Conditions of Approval be advised that the Leucadia County Water District as of Approval for Recordation of a Final Parcel Map for TM 97 -281as required by Resolution No, DCD 97 - 125 a satisfied. This tentative parcel map expires on— CS MEMORANDUM MUST BE PROCYSSED BY THR SUBDIVIDES:, AND TO THE ENGINEERING SERVICES DEPARTMENT. c CA, DAk;el,� y/14)/ov CITY OF ENCINITAS • a••ar � r TO: Director, Engineering Services Department 121.10M Community Development Department M DATE: /z/17/ VAE PR SUBJECT: Conditions of Approval 2 255- 221 -32 (A . P . N. ) NEPI NN gNfl ASES 1735 Olivenhain Rd. (Address) Pirouz Etemad and Azita B. Etemad (Subdivider) Please be advised that the Community Development Department conditions of Approval for Recordation of a Final Parcel Map for Case No. TM 97 -281as required by Resolution No. DCD 97 - 126 have been satisfied. This tentative parcel map expires on THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. Signature BPmemo.doc s�&�c6 7 ' cc S 'V kA S ee. /-�' i� CITY OF ENCINITAS MEMORANDUM TM 97 -281 TO: Director, Engineering Services Department j� FROM:�y /(� Encinitas Fire Department DATE: 312�fDO ���R�MrS SUBJECT: Conditions of Approval In 5 J 255- 221 -32 �„ 2. 120 (A.P.N.) 1735 Olivenhain Rd. (Address) Pirouz Etemad and Azita B. Etemad (Subdivider) Please be advised that the Encinitas Fire Department conditions of Approval for Recordation of a Final Parcel Map for Case No. TM 97 -281as required by Resolution No. DCD 97 - 126 have been satisfied. This tentative parcel map expires on THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RE D TO THE ENGINEERING SERVICES DEPARTMENT. Signature BPmemo.doc CITY OF ENCINITAS TO: rDirector, Engineering Services Department FROM: /• �R�F -�sT �i �R I ES ��. 4;rJ2. i Olivenhain Municipal Water District DATE: j SUBJECT: Conditions of Approval 255 - 221 -32 (A.P.N.) 1735 Olivenhain Rd. (Address) Pirouz Etemad and Azita B. Etemad (Subdivider) F7AP'R 1 OF ENCINI Please be advised that the Olivenhain Municipal Water District conditions of Approval for Recordation of a Final Parcel Map for Case No. TM 97 -281as required by Resolution No. DCD 97 - 126 have been satisfied. This tentative parcel map expires on THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE Siqdat BPmemo.doc SERVICES DEPARTMENT. JAN- 20 -'00 FRI 01:47 In' owhaven Road Ca 92024 -5641 To gityl fEncinitas Engineering Department, a 7:- C , Robert Lennick, the owner of the property located at 1726 Willowhaven Road (AP 4# 55- 2211 -01), have given the owner of 1735 Olivenhain Road, access permission to a fisting concrete ditch/drainage system (North part of 15' wide sewer easement 8 6 #5 84) located in my backyard. The proposed development plan located North of the system shown on grading plan 5768 -G, for 1735 Olivenhain Road, includes a com ect on of a 6" diameter PVC drainage pipe to the existing D -75 concrete ditch and co 'on of a concrete cover over the drainage ditch, on the northeast corner of my I will advise the future owner about this proposed connection permission if my P is sold before commencing the construction for the above project. As part of this arrangement, the owner of the proposed development will notify me tenant five working days prior to starting the construction, fence and secure my back during construction and connection (two to five working days). In addition, the o his contractor will be replacing the existing fence and any other improvement s as aping and irrigation which has been directly impacted by the upcoming proj t . new similar materials to my satisfaction. Poll Cc: Kzka Bawand/ owner of 1735 Olivenhain Road � % 2 bSc5l' 0)L I M w CHRISTIAN WHEELER E N G I N E E R I N G 57&8 -GR $d&Ur"w -t> Cw swwp� jD CHK, REPORT OF PRELIMINARY GEOTECHNICAL INVESTIGATION PROPOSED THREE -LOT RESIDENTIAL DEVELOPMENT cy 1735 OLIVENHAIN ROAD ENCINITAS, CALIFORNIA PREPARED FOR: MR. PIROUZ ETEMAD 13445 MANGO DRIVE SAN DIEGO, CALIFORNIA 92014 PREPARED BY: CHRISTIAN WHEELER ENGINEERING 4925 MERCURY STREET SAN DIEGO, CALIFORNIA 92111 00 4925 Mercury Street + San Diego, CA 92111 + 619 -496 -9760 + FAX 619- 496 -9758 •^ W CHRISTIAN WHEELER ENGINEERING June 3, 1999 Mr. Pirouz Etemad 13445 Mango Drive San Diego, California 92014 CWE 199.270.1 SUBJECT: REPORT OF PRELIMINARY GEOTECHNICAL INVESTIGATION, PROPOSED RESIDENTIAL DEVELOPMENT, 1735 OLIVENHMN ROAD, ENCINITAS, CA. Dear Mr. Etemad: In accordance with your request and our Proposal dated May 2, 1999, we have completed a geotechnical investigation for the subject property. We are presenting herewith our findings and recommendations. In general, we found that the site is suitable for the proposed new construction, Provided the recommendations provided in our report are followed. The geotechnical conditions that will require mitigation are limited to one to two and one -half feet of relatively loose fill and weathered formational material that will require removal and recompaction as well as tut /fill transition lines running through the lots. The prevailing soils are considered nondetrimentally expansive and have relatively high strength parameters. If you have any questions after reviewing this report, please do not hesitate to contact our office. This opportunity to be of professional service is sincerely appreciated. Respectfully submitted, CHRISTIAN WHEELER ENGINEERING Charles H. Christian, R.G.E. #00215 CHQCRB:scc cc: (6) Submitted Y a� C* /P yC2 No GE000215 z ' FXp 9-30-01 14 �Sl.G Curtis R Burden, C.E.G. #1090 •.��` �.�� FL r3v9 GOa %? O� N No 1090 CERTIFIED l ENGINEERING .GEOLOGIST 10-00 s� 4925 Mercury Street + San Diego, CA 92111 + 619- 496 -9760 + FAX 619.496 -9758 TABLE OF CONTENTS PAGE Introduction and Project Description ................................................................................ ..............................1 ProjectScope .......................................................................................................................... ..............................1 Findings................................................................................................................................... ..............................3 SiteDescription. ............................................................................................................................................ 3 General Geology and Subsurface Condit ions ............................................................ ..............................3 GeologicSetting and Soil Description .................................................................... ..............................3 Groundwater.............................................................................................................. ............................... 3 TectonicSetting .......................................................................................................... ..............................4 GeologicHazards ........................................................................................................... ..............................4 Landslide Potential and Slope Stability ................................................................... ..............................4 Groundshaking......................................................................................................... .........................._.... 5 SeismicDesign Parameters ....................................................................................... ..............................5 Liquefaction............................................................................................................... ............................... 5 Flooding...................................................................................................................... ............................... 5 Tsunamis..................................................................................................................... ..............................6 Seiches......................................................................................................................... ............................... 6 Conclusions............................................................................................................................ ............................... 6 Recommendations................................................................................................................. ..............................6 Gradingand Earthwork ................................................................................................ ..............................6 Observationof Grading .......................................................................................... ............................... 6 Clearingand Grubbing ............................................................................................. ............................... 6 SitePreparation .......................................................................................................... ..............................7 Processingof Fill Areas ........................................................................................... ............................... 7 Compactionand Method of Fil ling ......................................................................... ..............................7 FillSlope Construction ............................................................................................. .............................:8 SurfaceDrainage ........................................................................................................ ..............................8 GradingPlan Review ................................................................................................. ..............................8 Foundations.................................................................................................................... ............................... 8 Bearing Capacity .......................... Footing Reinforcement .............. Lateral Load Resistance .............. Foundation Plan Review............ Foundation Excavation Observation ...................................................................... ..............................9 RetainingWall Design Criteria ..................................................................................... ..............................9 Foundations.............................................................................................................. ............................... 9 PassivePressure .......................................................................................................... ..............................9 ActivePressure .......................................................................................................... .............................10 Waterproofing and Subdrain Observation ............................................................ .............................10 Backfill........................................................................................................................ .............................10 Factorof Safety ......................................................................................................... .............................10 On -Grade Slabs ............................................................................................................. .............................10 InteriorFloor Slab ................................................................................................. ............................... 10 Moisture Protection for Interior Slabs ............................................................... ............................... 10 Exterior Concrete Flatwork .................................................................................... .............................11 Driveway Pavement Sections ...................................................................................... .............................11 General. .................................................................................................................... ............................... I i Design and Construction Limitations ....................... .......... I1 I1 Review, Observation and Testing ............ ............................... ...............11 ................... ............................... Uniformityof Conditions ............................................................................................. .............................12 Changein Scope ............................................................................................................ .............................12 TimeLimitations ............................................................................................................ .............................12 ProfessionalStandard .................................................................................................... .............................13 Client's Responsibility ................................................................................................... .............................13 FieldExplorations ................................................................................................................. .............................13 LaboratoryTesting ................................................................................................................ .............................14 ATTACHMENTS TABLES Table I Maximum Bedrock Accelerations, Page 5 FIGURES Figure 1 Site Vicinity Map, Follows Page 1 PLATES Plate 1 Site Plan Plates 2 -5 Boring Logs Plate 6 Subdrain Detail Plates 7 R -Value APPENDICES Appendix A Recommended Grading Specifications — General Provisions Appendix B References PRELIMINARY GEOTECHNICAL INVESTIGATION PROPOSED THREE -LOT RESIDENTIAL DEVELOPMENT 1735 OLIVENHAIN ROAD ENCINITAS. CALIFORNIA INTRODUCTION AND PROJECT DESCRIPTION This report presents the results of a preliminary geotechnical investigation performed for the proposed residential construction at 1735 Ohvenhain Road in the City of Encinitas, California. The following Figure Number 1 presents a vicinity map showing the location of the property. To assist in this investigation, our firm was provided with a grading plan by Pirouz Etemad, RCE, dated March 31, 1999. It is our understanding that the subject site is to be divided into three residential lots. The lots are to be developed by the construction of single - family residences and associated improvements. The anticipated structures will be one and /or two stories in height and are expected to be supported by conventional spread foundations with on -grade concrete floor slabs. Grading to develop the lots will involve cuts and fills less than about ten feet from the existing grades. This report has been prepared for the exclusive use by Pirouz Etemad and his design consultants for specific application to the project described herein. Should the project be modified, the conclusions and recommendations presented in this report should be reviewed by Christian Wheeler Engineering for conformance with our recommendations and to determine if any additional subsurface investigation, laboratory testing and /or recommendations are necessary. Our professional services have been performed, our findings obtained and our recommendations prepared in accordance with generally accepted engineering principles and practices. This warranty is in lieu of all other warranties, expressed or implied. PROJECT SCOPE The scope of our preliminary investigation included: surface reconnaissance; subsurface exploration, obtaining representative undisturbed and bulk samples; laboratory testing; analysis of the field and laboratory data; research of available geological literature pertinent to the site; and preparation of this report. More specifically, the intent of this analysis was to: 3 -LOT RESIDENTIAL DEVELOPMENT 1735OLIVENHAIN ROAD, ENCINITAS Christian Wheeler Engineering Job Number: 199.270 Date: June 2, 1999 Figure Number. 1 CWE 199.270 June 3, 1999 Page No. 2 a) Explore the subsurface conditions to the depths influenced by the proposed construction. b) Evaluate, by laboratory tests, some of the engineering properties of the various strata, which may influence the proposed construction, including allowable soil bearing pressures, expansive characteristics and settlement potential. c) Describe the general geology at the site including possible geologic hazards that could have an effect on the site development. d) Address potential construction difficulties that may be encountered due to soil conditions, groundwater, or geologic hazards, and provide recommendations concerning these problems. C) Develop soil- engineering criteria for the site preparation and grading, and provide information regarding the stability of proposed cut and (ill slopes. Recommend an appropriate foundation system for the type of structures anticipated and develop soil engineering design criteria for the recommended foundation designs. g) Provide design criteria for can tilever retaining walls. h) Prepare this report, which includes in addition to our conclusions and recommendations, a site plan showing the site geology and the locations of our subsurface explorations, logs of the subsurface explorations and the results of our laboratory testing. It is not within the scope of our services to perform laboratory tests to evaluate the chemical characteristics of the on -site soils in regard to their potentially corrosive impact to on -grade concrete and below grade improvements. If desired, we can obtain samples of representative soils and submit them to a chemical laboratory for analysis. 'We suggest that such samples be obtained after precise grading is complete and the soils that can affect concrete and other improvements are in place. Further, it should be understood that Christian Wheeler Engineering does not practice corrosion engineering. If such an analysis is necessary, We recommend that the developer retain an engineering firm that specializes in this field to consult with them on this matter. CWE 199.270 June 3, 1999 Page No. 3 FINDINGS SITE DESCRIPTION The subject site consists of a rectangular shaped parcel of land approximately- one -half acre in size, which is located 1735 Olivenhain Road, in the City of Encinitas, California. Access to the site is afforded by Olivenhain Road, which forms the northern boundary of the site. The subject site is also bound by existing residences to the south, an existing day care facility to the west, and an existing fabrication shop to the east The site supports a significant amount of wild grass with scattered shrubbery. Some small trees exist along the western perimeter of the site. Topographically, the site slopes gently downward from Olivenhain Road to the southern perimeter of the site. On -site elevations range from approximately 114 feet above Mean Sea Level in the southwest comer of the site to 136 feet in the northeast comer of the site. GENERAL GEOLOGY AND SUBSURFACE CONDITIONS GEOLOGIC SETTING AND SOIL DESCRIPTION: The subject site is located in the Coastal Plains Physiographic Province of San Diego County. Based upon the results of our limited exploration and analysis of readily available, pertinent geologic literature, the site appears to be underlain by minor fills, and Tertiary-age Torrey Sandstone (Tan & Kennedy, 1996). The fill was only encountered in Trenches T -2 and T -4 and consisted of relatively loose silty sand with abundant construction debris. We expect that this material may have been placed as part of the past construction near the site. The Torrey Sandstone was encountered in each of our exploratory trenches. A layer of medium brown, moist, loose to medium dense silty sand (SM) identified as weathered Torrey Sandstone of approximately one foot to two feet in thickness was also encountered in our exploration. This material was found near the surface in Trenches T -1 and T -3, and was found to underlie the fill soil in Trench T -4 at a depth of approximately sir inches and in Trench T -2 at a depth of approximately 2 feet. Underlying the weathered material, the Torrey Sandstone graded into light brown, moist, poorly graded silty sand (SP- SbQ that was dense in consistency. GROUNDWATER No groundwater was encountered in our exploratory test trenches. It should be recognized, however, that minor groundwater seepage problems may occur after development of a site even where none were present before development. These are usually minor phenomena and are often the result of an alteration in drainage patterns and /or an increase in irrigation water. Based on the anticipated usage and development, it is our opinion that any seepage problems which may occur will be CWE 199.270 June 3, 1999 Page No. 4 minor in extent. It is further our opinion that these problems can be most effectively corrected on an individual basis if and when they occur. TECTONIC SETTING: No major faults are known to traverse the subject site but it should be noted that much of Southern California, including the San Diego County area, is characterized by a series of Quaternary -age fault zones which typically consist of several individual, en echelon faults that generally strike in a northerly to north - westerly direction. Some of these fault zones (and the individual faults within the zones) are classified as active while others are classified as only potentially active, according to the criteria of the California Division of Mines and Geology. Active fault zones are those which have shown conclusive evidence of faulting during the Holocene Epoch (the most recent 11,000 years) while potentially active fault zones have demonstrated movement during the Pleistocene Epoch (11,000 to 1.6 million years before the present) but no movement during Holocene time. A review of available geologic maps indicates that the active Rose Canyon Fault Zone is located approximately S miles west of the subject site. Other active fault zones in the region that could possibly affect the site include the Coronado Bank and San Clemente Fault Zones to the southwest and the Elsinore, San Jacinto, and San Andreas Fault Zones to the northea�r. GEOLOGIC HAZARDS GENERAL: No geologic hazards of sufficient magnitude to preclude development of the site as we presently contemplate it are known to exist. In our professional opinion and to the best of our knowledge, the site is suitable for the proposed development. LANDSLIDE POTENTIAL AND SLOPE STABILITY: As part of this investigation we reviewed the publication, "Landslide Hazards in the Northem Part of the San Diego Metropolitan Area" by Tan, 1995. This reference is a comprehensive study that dassi6es San Diego County into areas of relative landslide susceptibility. The subject site is located in Subarea 3-1. Slopes within the 3-1 dassification are considered at or near their stability limits due to steep slopes and can be expected to fail locally when adversely modified. Sites within this classification are located outside the boundaries of known landslides but contain observably unstable slopes that may be underlain by weak materials and /or adverse geologic structure. Based on the results of our site - specific investigation, it is our opinion that the potential For both shallow and deep- seated landsliding can be mitigated by following the recommendations provided in this report. CWE 199.270 June 3, 1999 Page No. 5 GROUND Si TAKING: A likely geologic hazard to affect the site is ground shaking as result of movement along one of the major active fault zones mentioned above. The maximum bedrock accelerations that would be attributed to a maximum probable earthquake occurring along the nearest fault segments of selected fault zones that could affect the site are summarized in the following Table I. TABLE I Fault Zone Distance Maximum Probable Earthquake Maximum Bedrock Acceleration Rose Canyon 5 miles 6.5 magnitude 0.33 g Coronado Bank 20 miles 7.0 magnitude 0.15 g Elsinore 24 miles 7.3 magnitude 0.13 g San Clemente 54 miles 7.3 magnitude 0.06 g San Jacinto 48 miles 7.8 magnitude 0.14 g Probable ground shaking levels at the site could range from slight to moderate, depending on such factors as the magnitude of the seismic event and the distance to the epicenter. It is likely that the site will experience the effects of st least one moderate to lame e1r+T1a1,e daring the r, ^ p the prof owed structures. SEISMIC DESIGN PARAMETERS: In accordance with the evaluations provided above, the Maximum Bedrock Acceleration at the site is 0.33 g (based upon a Maximum Probable Seismic Event of 6.5 Magnitude along the Rose Canyon Fault Zone). For structural design purposes, a damping ratio not greater than 5 percent of critical dampening, and Sod Profile Type So are recommended (UBC Table 16- J). Based upon the location of the site, approximately 8.5 kilometers from the Rose Canyon Fault (Type B Fault), Near Source Factors N. equal to 1.0 and N, equal to 1.1 are also applicable. Additional seismically related design parameters are recommended to be obtained from the Uniform Building Code (UBC) 1997 edition, Volume II, Chapter 16, utilizing a Seismic Zone 4. LIQUEFACTION: In our opinion, the native materials at the site are not subject to liquefaction due to such factors as depth to the groundwater table, soil density and grain -size distribution. FLOODING: The site is located outside the boundaries of both the 100 -year and the 500 -year Eloodplains according to the maps prepared by the Federal Emergency Management Agency. CWE 199.270 June 3, 1999 Page No. 6 TSUNAMIS: Tsunamis are great sea waves produced by submarine earthquakes or volcanic eruptions. Due to the site's location, it will not be affected by a tsunami. SEICHES: Seiches are periodic oscillations in large bodies of water such as lakes, harbors, bays or reservoirs. Due to the site's location, it will not be affected by seiches. CONCLUSIONS In general, no geotechnical conditions were found that would preclude the development of the subject residential lots provided the recommendations presented in this report are incorporated into the design and construction of the project The most significant adverse geotechnical conditions to potentially affect the proposed construction are the presence of a relatively minor amount of loose fill and weathered formational soil that will require removal and replacement as compacted fill as well as cut to fill transitions in or adjacent to each of the three proposed lots. Such transitions could result in differential settlement within the structure. In order to rr dgate for the potential damage to settlement sensitive structures, a mat of uniformly compacted soil will need to be provided in the building pad area of each lot. This being done, conventional spread foundations with on -grade concrete flnnr slahs may be used in the proposed construction. Detailed earthwork and foundation recommendations are presented in the following "Recommendations" section of this report RECOMMENDATIONS GRADING AND EARTHWORK OBSERVATION OF GRADING: Continuous observation by Christian Wheeler Engineering is essential during the grading operation to construct the building pad and paved areas in order to confirm the conditions anticipated by our investigation, to allow adjustments in design criteria to reflect the actual field conditions exposed, and to determine that the grading proceeds in general accordance with the recommendations contained herein. CLEARING AND GRUBBING: Site grading should begin with the removal of all vegetation and other deleterious materials and hard construction debris from the portion of lot that will be graded and that will receive improvements. This should include all root balls from the trees to be removed and all significant root material. The resulting materials should be disposed of off -site. ` CWE 199.270 June 3, 1999 Page No, 7 SITE PREPARATION: After clearing and grubbing, site preparation should begin with the removal from areas to receive fill and /or improvements of the existing fill materials and weathered formational soils, as directed by our project geologist, engineer or technician supervisor. In addition, in order to use conventional spread footings to support the proposed structures, it will be necessary to provide a uniformly compacted mat of soil in the area of the building pad. This can be accomplished by excavating the cut portion of the pad to a depth of three feet below finish pad grade and replacing the excavated soil as recompacted structural fill. The mat of compacted soil should extend at least five feet outside the perimeter of the proposed buildings. Prior to replacing the excavated soils, the soils exposed at the bottom of the excavation should be processed in accordance with the following section of th s report. The soil should be placed in the excavation in accordance with the "Compaction and Method of Filling" section of this report which follows hereinafter. At this time, it is our opinion that no other special site preparation will be necessary other than processing the areas to receive fill material as recommended in the following section. PROCESSING OF FILL AREAS: Prior to placing any fill soils, the soils exposed on the surfaces to be filled should be scarified to a depth of 12 inches, moisture conditioned, and rnmparted to st least ()tl percent relative compaction. No other special ground preparation is anticipated at this time. COMPACTION AND METHOD OF FILLING: All structural fill placed at the site should be compacted to a relative compaction of at least 90 percent of maximum dry density as determined by ASTM Laboratory Test D1557, Method A or C. Fills should be placed at or slightly above optimum moisture content, in lifts sir to eight inches thick, with each lift compacted by mechanical means. Fills should consist of approved earth material, free of trash or debris, roots, vegetation, or other materials determined to be unsuitable by our soil technicians or project geologist. Fill material should be free of rocks or lumps of soil in excess of twelve inches itt maximum dimension. However, in the upper two feet of pad grade, no rocks or lumps of soft in excess of six inches should be alloNved. Fills should be benched into all temporary slopes and into competent natural soils when the natural slope is steeper than an inclination of 5:1 (horizontal to vertical). Keys should be constructed at the toe of all fill slopes. The keys should extend at least 12 inches into firm natural ground and should be sloped back at least two percent into the slope area. Slope keys should have a minimum width of 10 feet. CWE 199.270 June 3, 1999 Page No. 8 Utility trench backfill within five feet of the proposed structure and beneath paved areas or concrete flatwork should be compacted to a minimum of 90 percent of its maximum dry density. All grading and fill placement should be performed in accordance with the City of Encinitas Grading Ordinance, the Uniform Building Code, and the attached Recommended Grading Specifications and Special Provisions attached hereto as Appendix A. FILL SLOPE CONSTRUCTION: Fill slopes may be constructed at an inclination of 2:1 or flatter (horizontal to vertical). Compaction of slopes should be performed by back - rolling with a sheepsfoot compactor at vertical intervals of four feet or less as the fill is being placed, and track - walking the face of the slope when the slope is completed. As an alternative, the fill slopes may be overfilled by at least three feet and then cut back to the compacted core at the design line and grade. Keys should be made at the toe of fill slopes in accordance with the recommendations presented above under "Compaction and Method of Filling." SURFACE DRAINAGE: Pad drainage should be designed to collect and direct surface water away from proposed stnictnres and the ton of slopes and rnward approved dtninngft area <. Fn« earth arras, a minimum gradient of one percent should be maintained. The ground around the structures should be graded so that surface water flows rapidly away from the structure without ponding. In general, we recommend that the ground adjacent to structures slope away at a gradient of at least two percent. Densely vegetated areas where runoff can be impaired should have a minimum gradient of at least five percent within the fast five feet from the structure. GRADING PLAN REVIEW: The final grading plans should be submitted to this office for review in order to ascertain that the recommendations of this report have been implemented, and that no additional recommendations are needed due to changes in the anticipated development plans. FOUNDATION RECOMMENDATIONS GENERAL: Our investigation has indicated that the proposed residences may be supported by conventional continuous spread footings provided that a uniformly compacted mat of soil is constructed within the building pad. Spread footings should be embedded at least 12 and 18 inches below finish pad grade elevation for one- and two-story- structures, respectively. Continuous footings should have a minimum width of 12 inches. CWE 199.270 June 3, 1999 Page No. 9 BEARING CAPACITY: Conventional continuous spread footings with the above minimum dimensions may be designed for an allowable soil bearing pressure of 2000 pounds per square foot. This value may be increased by one -third for combinations of temporary loads such as those due to wind or seismic loads. FOOTING REINFORCEMENT: The project structural engineer should provide reinforcement requirements for foundations. However, based on soil conditions, we recommend that the minimum reinforcing for continuous footings consist of at least one No. S bar positioned three inches above the bottom of the footing and one No. 5 bar positioned two inches below the top of the footing. LATERAL LOAD RESISTANCE: Lateral loads against foundations may be resisted by friction between the bottom of the footing and the supporting soil, and by the passive pressure against the footing. The coefficient of friction between concrete and soil may be considered to be and 0.40. The passive resistance may be considered to be equal to an equivalent fluid weight of 400 pounds per cubic foot. This assumes the footings are poured tight against undisturbed soil. If a combination of the passive pressure and friction is used, the friction value should be reduced by one - third. FOUNDATION PLAN REVIEW: The foundation plans should be submitted to this office for review in order to ascertain that the recommendations of this report have been implemented, and that no additional recommendations are needed due to changes in the anticipated construction. FOUNDATION EXCAVATION OBSERVATION: All foundation excavations should be observed by the Christian Wheeler Engineering prior to placing concrete to determine if the foundation recommendations presented herein are followed. All footing excavations should be excavated neat, level, and square. All loose or unsuitable material should be removed prior to the placement of concrete. RETAINING WALL DESIGN CRITERIA FOUNDATIONS: The recommendations provided in the foundation section of this report are also applicable to earth retaining structures. PASSIVE PRESSURE: The passive pressure for the prevailing soil conditions may be considered to be 400 pounds per square foot per foot of depth. This pressure may be increased one -third for seismic loading. The coefficient of friction for concrete to soil may be assumed to be 0.40 for the resistance to CWE 199.270 June 3, 1999 Page No. 10 lateral movement When combining frictional and passive resistance, the friction should be reduced by one - third. The upper 12 inches of exterior retaining wall footings should not be included in passive pressure calculations where abutted by landscaped areas. ACTIVE PRESSURE: The active soil pressure for the design of unrestrained earth retaining structures with level backfill may be assumed to be equivalent to the pressure of a fluid weighing 30 pounds Per cubic foot. This pressure does not consider any other surcharge. If any are anticipated, this office should be contacted for the necessary increase in soil pressure. This value assumes a drained backfill condition. Though waterproofing details should be provided by the project architect, a suggested wall subdrain detail is provided on the attached Plate Number 6. We recommend that the Geotechnical Consultant observe all retaining wall subdrains to verify proper construction. WATERPROOFING AND SUBDRAIN OBSERVATION: The geotechnical engineer should be requested to verify that waterproofing has been applied and that the subdrain has been properly installed. However, unless specifically asked to do so, we will not verify proper application of the waterproofin¢. BAC%FILL• All backfill soils should be compacted to at least 90 percent relative compaction. Expansive or clayey soils should not be used for backfill material- The wall should not be backfilled until the masonry has reached an adequate strength. FACTOR OF SAFETY: The above values, with the exception of the allowable soil friction coefficient, do not include a factor-of-safety. Appropriate factors -of- safety should be incorporated into the design to prevent the walls from overt r„fng and sliding. ON -GRADE SLABS INTERIOR FLOOR SLAB: The minimum floor slab thickness should be four inches. The floor slab should be reinforced with at least No. 3 bars placed at 18 inches on center each way. The slab reinforcing bars should extend at least six inches into the perimeter footings. Slab reinforcing should be placed on chairs and positioned at mid - height in the floor slab. MOISTURE PROTECTION FOR INTERIOR SLABS: Where the concrete on -grade floor slab will support moisture - sensitive floor covering, it should be underlain by a moisture barrier. We CWE 199.270 June 3, 1999 Page No. 11 recommend that the minimum configuration of the subslab moisture barrier consist of a four -inch- thick blanket of coarse, dean sand. The moisture barrier material should have 100 percent material passing the 1 /4-inch sieve and less than ten percent and five percent passing the No. 100 and No. 200 sieves, respectively. A visqueen vapor barrier should be placed in the center of the moisture protection blanket. EXTERIOR CONCRETE FLATWORK Exterior slabs should have a minimum thickness of four inches. Reinforcement and control joints should be constructed in exterior concrete flatwork to reduce the potential for cracking and movement. Joints should be placed in exterior concrete flatwork to help control the location of shrinkage cracks. Spacing of control joints should be in accordance with the American Concrete Institute specifications. When patio, walks and porch slabs abut perimeter foundations they should be doweled into the footings. DRIVEWAY PAVEMENT SECTIONS GENERAL- Based on the proposed site development plans, one driveway will be used to access all three homes. The pavement section recommmdatinns are based on the results of an R -Value test performed on a representative sample of the subgrade soil. The R -Value test was performed in accordance with California Test Method 301. The results of the R -Value test is presented on the attached Plate 7 DESIGN AND CONSTRUCTION: Based on the subgrade soils having an R -Value of 7, and using an assumed Traffic Index of 4.0, we recommend that the mirumum pavement section consist of 3.0 inches of asphalt concrete over 6.0 inches of Class II aggregate base. The aggregate base material should be compacted to at least 95 percent of its maximum dry density as determined in accordance with ASTM Test 1557 -91, Method A or C. Just prior to placing the aggregate base material, the subgrade soils should be scarified to a depth of 12 inches, moisture conditioned to near optimum moisture content, and compacted to at least 95 percent of its maximum dry density. LIMITATIONS REVIEW, OBSERVATION AND TESTING The recommendations presented in this report are contingent upon our review of final plans and specifications. Such plans and specifications should be made available to the geotechnical engineer and CWE 199.270 June 3, 1999 Page No. 12 engineering geologist so that they may review and verify their compliance with this report and with the Uniform Building Code. It is recommended that Christian Wheeler Engineering be retained to provide continuous soil engineering services during the earthwork operation. This is to verify 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. UNIFORMITY OF CONDITIONS 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 on 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 may be encountered during site development should he brought to the attention of the geotechnical engineer so that he may make modifications if necessary. CHANGE IN SCOPE This office should be advised of any changes in the project scope or proposed site grading so that we may determine if the recommendations contained herein are appropriate. This should be verified in writing or modified by a written addendum. TIME LIMITATIONS 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 Standards -of- Practice 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 two years without a review by us verifying the suitability of the conclusions and recommendations. A CWE 199.270 June 3, 1999 Page No. 13 PROFESSIONAL STANDARD In the performance of our professional services, we comply with that level of care and skill ordinarily exercised by members of our profession currently practicing under similar conditions and in the same locality. The client recognizes that subsurface conditions may vary from those encountered at the locations where our borings, surveys, and explorations are made, and that our data, interpretations, and recommendations be based solely on the information obtained by us. We will be responsible for those 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. CLIENT'S RESPONSIBILITY It is the responsibility of the client or their representatives to ensure that the information and recommendations contained herein are hrmight to the of the stnlctura.. enginecr and arc.,itect for the project and incorporated into the project's plans and specifications. It is further their responsibility to take the necessary measures to insure that the contractor and his subcontractors carry out such recommendations during construction. FIELD EXPLORATIONS Four subsurface eeplorations were made at the locations indicated on the site plan included herewith as Plate Number 1 on May 11, 1999. These explorations consisted of test trenches excavated by a tractor - mounted backhoe. The fieldwork was conducted by or under the observation of our engineering geology personnel The explorations were carefully logged when made. The test trench logs are presented on the following Plate Numbers 2 through 5. The soils are described in accordance with the Unified Soils Classification. In addition, a verbal textural description, the wet color, the apparent moisture and the density or consistency are provided. The density of granular soils 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. CWE 199.270 June 3, 1999 Page No. 14 Undisturbed chunk samples of typical and representative soils were obtained, sealed to prevent loss of moisture, and returned to the laboratory for testing. Bulk samples of disturbed soil were also collected in bags from the pit excavations. LABORATORY TESTING Laboratory tests were performed in accordance with the generally accepted American Society for Testing and Materials (ASTM) test methods or suggested procedures. A brief description of the tests performed is presented below: a) CLASSIFICATION: Field classifications were verified in the laboratory by visual examination. The final soil classifications are in accordance with the Unified Soil Classification System. b) MOISTURE - DENSITY: In -place moisture contents and dry densities were determined for representative soil samples. This information was an aid to classification and permittrd reco"itinn ofvariatiom in material c=istency with depth. The dry unit weight is determined in pounds per cubic foot, and the in -place moisture content is determined as a percentage of the soil's dry weight. The results are summarized in the trench logs. c) DIRECT SHEAR TEST: A direct shear test was performed to determine the failure envelope based on yield shear strength. The shear box was designed to accommodate a sample having a diameter of 2.375 inches or 2.50 inches and a height of 1.0 inch. Samples were tested at different vertical loads in a saturated moisture condition. The shear stress was applied at a constant rate of strain of approximately 0.05 inch per minute. The results of this test are presented on the following page. Sample Number. Description: Angle of Internal Friction: Apparent Cohesion: Trench T -1 @ 1'-4' Remold to 90 % 32.50 100 psf CWE 199.270 June 3, 1999 Page No. 15 d) COMPACTION TEST: The maximum dry density and optimum moisture content of a typical soil were determined in the laboratory in accordance with ASTM Standard Test D- 1557- 78,.Method A. The results of this test are presented below. Sample Number: Description: Maximum Density: Optimum Moisture Content: Trench T -1 @ 1' -4' Poorly Graded Silty Sand (SP -SM) 110.8 pcf 12.3% e) GRAIN SIZE DISTRIBUTION: The grain size distribution was determined from representative samples of the native soils in accordance with ASTM D422. The results of these tests are presented below. Sample: Trench T-1 @ 1'-4' U.S. SIEVE SIZE PERCENT PASSING #4 10c0 J #16 92 #30 88 #50 78 #100 24 #200 10 LOG OF TRENCH NUMBER T -1 Date Excavated: 5/11/99 Logged by: DRR Equipment: Backhoe Project Manager: CHC Surface Elevation (ft): 131.5' Depth to Water:: N/A Finish Grade Elev. (ft): 132.2' Drop of Hammer: N/A SAMPLES y� U J c \ N q SUMMARY OF SUBSURFACE CONDITIONS w a z qa Z) a O O 0 Q O WEATHERED TORREY SANDSTONE (It) - Medium brown, tz ?' damp to moist, loose, fine to medium grained, SILTY CK 8.1 94.4 .:e . is. ......................._...................................... ............................_ . _ . ................ q SAND 2 TORREY SANDSTONE at) -Light brown, damp to moist, dense, fine to medium grained, SLIGHTLY SILTY SAND (SM -SP). CK s.a 109.8 3 4 - 5 >. CK 5.5 115.0 6 7 ,,.. Terminated at T/ feet. 8 9 10 3 -LOT RESIDENTIAL DEVELOPMENT 19 1735 OLIVENHAIN ROAD, ENCINITAS CHRISTIAN WHEELER BI DRR DATE: Ma • -99 JOB NO. 199.270 1 PLATE NO.: 2 ENGINEERING LOG OF TRENCH NUMBER T -2 Date Excavated: 5/11/99 Logged by: DRR Equipment: Backhoe Project Manager: CHC Surface Elevation (ft): 126' Depth to Water:: N/A Finish Grade Elev. (ft): 125.2' Drop of Hammer: N/A SAMPLES ^ W D c N < rq CC:D SUMMARY OF SUBSURFACE CONDITIONS ua z u w O0 Q N FILL (Ogo - Light brown, damp, loose, SILTY SAND (SIhi) with 1 abundant construction debris. Appears to be dumped without compaction. 2 WEATHERED TORREY S ND TONE (Tt) - Nfedium brown, GK 3.3 109.0 3 damp, loose to medium dense, fine to medium grained, ..................................... ............................... cK 4.5 113.8 T ORREY SANDSTONE (Tt) - Light brown, damp, dense to very 4 dense, fine to medium grained, SLIGHTLY SILTY SAND (SM -SP). 5 CK 6' Terminated at G feet. 7 8 9 10 3 -LOT RESIDENTIAL DEVELOPMENT 1735 OLIVENHAIN ROAD, ENCINITAS CHRISTIAN WHEFLER BY: DRR DATE: Mav -99 E N G I N E E R I N G JOB NO. 199.270 IPLATE NO.: 3 LOG OF TRENCH NUMBER T -3 Date Excavated: 5/11/99 Logged by: DRR Equipment: Backhoe Project Manager: CHC Surface Elevation (ft): 119' Depth to Water:: N/A Finish Grade Elev. (ft): 119.2' Drop of Hammer: N/A SAMPLES C4 g z F SUMMARY OF SUBSURFACE CONDITIONS a u Q q O O � O 0 Q c7 WEATHERED TORREY C NDCTONE ('Ttl - Medium brown, damp, loose to mediurn dense, SILTY SAND (SM). 1 CK 6.5 97.1 2 ............... TORREY SANDSTONE (It) - Light brown, damp, dense to very ...-.................. ............ ............ <" dense, fine to medium grained, SLIGHTLY SILTY SAND (SM -SP). CK 4.7 1125 3 q . 5 r r; 6 ;. 7 Terminated at 7 feet. 8 9 10 3 -LOT RESIDENTIAL DEVELOPMENT W1735 OLIVENHAIN ROAD, ENCINITAS CHRISTIAN WHEELER BY DRR DATE: May -99 JOB NO. 199.270 1 PLATE NO.: 4 ENGINEERING LOG OF TRENCH NUMBER T-4 Date Excavated: 5/11/99 Logged by: DRR Equipment: Backhoe Project Manager: CHC Surface Elevation (ft): 115' Depth to Water:: N/A Finish Grade Elev. (ft): 119.2' Drop of Hammer-, N/A Se.MpLrs 0 U SUMMARY OF SUBSURFACE CONDITIONS D z 0 0 0 ;4 FILL( - Medium brown, moist, loose, SILTY SAND (SM) with trace gravels. M�' WEATHERED TORREY SANDSTONE (rt) - Medium —2 brown, moist, loose, fine to medium grained, SILTY SAND (SM). CK 5.9 96.5 ........................................................ ....... .... . ............................ . ........................ . .. . ....................... TORREYSAN DSTOKE C[t) - Light brown, moist, medium ....... ...... .... ..... . . ........... ............ ............ —3 dense to dense, fine to medium grained, SLIGHTLY SILTY SAND CK 5.3 111.3 (SM-SP). 4 .. . . .................... ......................................... . . . ......... . .... . ........................................ . ............................ ....... ............ .......... . . . ....... ..... ............ Grades to very dense, SLIGHTLY SILTY SAND (SM-SP). 6 7 8 —9 Terminated at 9 feet. �10- 3-LOT RESIDENTIAL DEVELOPMENT W1735 OLIVENHAIN ROAD, ENCINITAS CHRJSTIAN WHEFLER. BY: DRR DATE: May-99 JOB NO. 199 .270 __ PLATE NO.: 5 E N G I N E E R I N G RN o�o ,e 0 a o. . �.a 12" o. . o T 1•.O I 6" MIN o MINIMUM / 4 INCH DIAMETER PERFORATED PIPE I I I I I I I I 6" MIN WATERPROOF BACK OF WALL PER ARCHITECT'S SPECIFICATIONS 3/4 INCH CRUSHED ROCK or MIRADRAIN 6000 or EQUIVALENT GEOFABRIC BETWEEN ROCK AND SOIL TOP OF GROUND or CONCRETE SLAB RETAINING WALL SUBDRAIN DETAIL No Scale Christian Wheeler Engineering Job Number: 199.270 Date: June 2, 1999 Plate Number: 6 CWE 199 270 June 3, 1999 Appendix A, Page A -1 RECOMMENDED GRADING SPECIFICATIONS - GENERAL PROVISIONS PROPOSED THREE -LOT RESIDENTIAL DEVELOPLN1ENT 1733 OLIVENHAIN ROAD ENCINITAS, CALIFORNI 1 GENERAL INTENT The intent of these specifications is to establish procedures for clearing, compacting natural ground, preparing areas to be filled, and placing and compacting fill soils to the lines and grades shown on the accepted plans. The recommendations contained in the preliminary geotechnical investigation report and /or the attached Special Provisions are a part of the Recommended Grading Specifications and shall supersede the provisions contained hereinafter in the case of conflict. These specifications shall only be used in conjunction with the geotechnical report for which they are a part. No deviation from these specifications will be allowed, except where specified in the geotechnical report or in other written communication signed by the Geotechnical F.nnineer. OBSERVATION AND TESTING Christian Wheeler Engineering shall be retained as the Geotechnical Engineer to observe and test the earthwork in accordance with these specifications. It will be necessary that the Geotechnical Engineer or his representative provide adequate observation so that he may provide his opinion as to whether or not the work was accomplished as specified. It shall be the responsibility of the contractor to assist the Geotechnical Engineer and to keep him appraised of work schedules, changes and new information and data so that he may provide these opinions. In the event that any unusual conditions not covered by the special provisions or preliminary geotechnical report are encountered during the grading operations, the Geotechnical Engineer shall be contacted for further recommendations. If, in the opinion of the Geotechnical Engineer, substandard conditions are encountered, such as questionable or unsuitable soil, unacceptable moisture content, inadequate compaction, adverse weather, etc., construction should be stopped until the conditions are remedied or corrected or he shall recommend rejection of this work. C%VE 199.270 June 3, 1999 Appendix A, Page A -2 Tests used. to determine the degree of compaction should be performed in accordance with the following American Society for Testing and Materials test methods: Maximum Density & Optimum Moisture Content - ASTM D- 1557 -91 Density of Soil In -Place - ASTM D- 1556 -90 or ASTM D -2922 All densities shall be expressed in terms of Relative Compaction as determined by the foregoing ASTM testing procedures. PREPARATION OF AREAS TO RECEIVE FILL All vegetation, brush and debris derived from clearing operations shall be removed, and legally disposed of All areas disturbed by site grading should be left in a neat and finished appearance, free from unsightly debris. After clearing or benching the natural ground, the areas to be filled shall be scarified to a depth of 6 inches, brought to the proper moisture content, compacted and tested for the specified minimum degree of compaction. All lonae snils in wrest of 6 inrhes thick should be remot-ed to firm natural ground which is defined as natural soil which possesses an in -situ density of at least 90 percent of its maximum dry density. When the slope of the natural ground receiving fill exceeds 20 percent (5 horizontal units to 1 vertical unit), the original ground shall be stepped or benched. Benches shall be cut to a firm competent formational soil. The lower bench shall be at least 10 feet wide or 1 -1/2 times the equipment width, whichever is greater, and shall be sloped back into the hillside at a gradient of not less than two (2) percent All other benches should be at least 6 feet wide. The horizontal portion of each bench shall be compacted prior to receiving fill as specified herein for compacted natural ground. Ground slopes flatter than 20 percent shall be benched when considered necessary by the Geotechnical Engineer. Any abandoned buried structures encountered during grading operations must be totally removed. All underground utilities to be abandoned beneath any proposed structure should be removed from within 10 feet of the structure and properly capped off. The resulting depressions from the above described procedure should be backfilled with acceptable soil that is compacted to the requirements of the Geotechnical Engineer. This includes, but is not limited to, septic tanks, fuel tanks, sewer lines or leach lines, storm drains and water lines. Any buried structures or utilities not to be abandoned should be brought to the attention of the Geotechnical Engineer so that he may determine if any special recommendation will be necessary. ONE 199.270 June 3, 1999 Appendix A, Page A -3 All water wells which will be abandoned should be backfilled and capped in accordance to the requirements set forth by the Geotechnical Engineer. The top of the cap should be at least 4 feet below finish grade or 3 feet below the bottom of footing whichever is greater. The type of cap will depend on the diameter of the well and should be determined by the Geotechnical Engineer and /or a qualified Structural Engineer. FILL MATERIAL Materials to be placed in the fill shall be approved by the Geotechnical Engineer and shall be free of vegetable matter and other deleterious substances. Granular soil shall contain sufficient fine material to fill the voids. The definition and disposition of oversized rocks and expansive or detrimental soils are covered in the geotechnical report or Special Provisions. Expansive soils, soils of poor gradation, or soils with low strength characteristics may be thoroughly mixed with other soils to provide satisfactory fill material, but only with the explicit consent of the Geotechnical Engineer. Any import material shall be approved by the Geotechnical Engineer before being brought to the site. PLACING AND COMPACTION OF FILL Approved fill material shall be placed in areas prepared to receive fell in layers not to exceed 6 inches in compacted thickness. Each layer shall have a uniform moisture content in the range that will allow the compaction effort to be efficiently applied to achieve the specified degree of compaction. Each layer shall be uniformly compacted to the specified minimum degree of compaction with equipment of adequate size to economically compact the layer. Compaction equipment should either be specifically designed for soil compaction or of proven reliability. The minimum degree of compaction to be achieved is specified in either the Special Provisions or the recommendations contained in the preliminary geotechnical investigation report. When the structural fill material includes rocks, no rocks will be allowed to nest and all voids must be carefully filled with soil such that the minimum degree of compaction recommended in the Special Provisions is achieved. The maximum size and spacing of rock permitted in structural Fills and in non- structural fills is discussed in the geotechnical report, when applicable. Field observation and compaction tests to estimate the degree of compaction of the fill will be taken by the Geotechnical Engineer or his representative. The location and frequency of the tests shall be at the Geotechnical Engineer's discretion. When the compaction test indicates that a particular layer is at less than C%VE 199 270 June 3, 1999 Appendix A, Page A -4 the required degree of compaction, the layer shall be reworked to the satisfaction of the Geotechnical Engineer and until the desired relative compaction has been obtained. Fill slopes shall be compacted by means of sheepsfoot rollers or other suitable equipment. Compaction by sheepsfoot roller shall be at vertical intervals of not greater than four feet. In addition, fill slopes at a ratio of two horizontal to one vertical or flatter, should be trackrolled. Steeper fill slopes shall be over -built and cut- back to finish contours after the slope has been constructed. Slope compaction operations shall result in all Ell material six or more inches inward from the finished face of the slope having a relative compaction of at least 90 percent of maximum dry density or the degree of compaction specified in the Special Provisions section of this specification. The compaction operation on the slopes shall be continued until the Geotechnical Engineer is of the opinion that the slopes will be surficially stable. Density tests in the slopes will be made by the Geotechnical Engineer during construction of the slopes to determine if the required compaction is being achieved. Where failing tests occur or other field problems arise, the Contractor will be notified that day of such conditions by written communication from the Geotechrucal Engineer or his representative in the form of a daily field report. If the method of achieving the required slope compaction selected by the Contractor fails to produce the necessary results, the Contractor shall rework or rebuild such slopes until the required degree of compaction is obtained, at no cost to the Owner or Geotechnical Engineer. CUT SLOPES The Engineering Geologist shall inspect cut slopes excavated in rock or lithified formational material during the grading operations at intervals determined at his discretion. If any conditions not anticipated in the preliminary report such as perched water, seepage, lenticular or confined strata of a potentially adverse nature, unfavorably inclined bedding, joints or fault planes are encountered during grading, these conditions shall be analyzed by the Engineering Geologist and Geotechnical Engineer to determine if mitigating measures are necessary. Unless otherwise specified in the geotechnical report, no cut slopes shall be excavated higher or steeper than that allowed by the ordinances of the controlling governmental agency. A ` CNVE 199.270 June 3, 1999 Appendix A, Page A -5 ENGINEERING OBSERVATION Field observation by the Geotechnical Engineer or his representative shall be made during the filling and compaction operations so that he can express his opinion regarding the conformance of the grading with acceptable standards of practice. Neither the presence of the Geotechnical Engineer or his representative or the observation and testing shall release the Grading Contractor from his duty to compact all fill material to the specified degree of compaction. SEASON LIMITS Fill shall not be placed during unfavorable weather conditions. When work is interrupted by heavy rain, filling operations shall not be resumed until the proper moisture content and density of the fill materials can be achieved. Damaged site conditions resulting from weather or acts of God shall be repaired before acceptance of work. RECOMMENDED GRADING SPECIFICATIONS - SPECIAL PROVISIONS RELATIVE COMPACTION: The minimum degree of compaction to be obtained in compacted natural ground, compacted fill, and compacted backfill shall be at least 90 percent. For street and parking lot subgrade, the upper sit inches should be compacted to at least 95 percent relative compaction. EXPANSIVE SOILS: Detrimentally expansive soil is defined as clayey soil which has an expansion index of 50 or greater when tested in accordance with the Uniform Building Code Standard 29 -C. OVERSIZED MATERIAL: Oversized fill material is generally defined herein as rocks or lumps of soil over G inches in diameter. Oversized materials should not be placed in fill unless recommendations of placement of such material is provided by the Geotechnical Engineer. At least 40 percent of the fill soils shall pass through a No. 4 U.S. Standard Sieve. TRANSITION LOTS: Where transitions between cut and fill occur within the proposed building pad, the cut portion should be undercut a minimum of one foot below the base of the proposed footings and recompacted as structural backfill. In certain cases that would be addressed in the geotechnical report, special footing reinforcement or a combination of special footing reinforcement and undercutting may be required. » 40 CWT 199.270 June 3, 1999 Appendix B, Page B1 REFERENCES Anderson, J.G.; Rockwell, R.K and Agnew, D.C., 1989, Past and Possible Future Earthquakes of Significance to the San Diego Region, Earthquake Spectr a, Volume 5, No. 2, 1989. California Division of Mines and Geology, 1998, Maps of Known Active Fault Near Source -Zones in California and Adjacent Portions of Nevada Countywide Flood Insurance Rate Map, Map No. 06073C106417 (panel 1064 of 2375), prepared by the Federal Emergency Management Agency, effective date June 19, 1997. Jennings, C.W., 1975, Fault Map of California, California Division of Mines and Geology, Map No. 1, Scale 1:750,000. Kern, P., 1989, Earthquakes and Faults in San Diego County, Pickle Press, 73 pp. Mualchin, L and Jones, A.L,1992, Peak Acceleration from Maximum Credible Earthquakes in California (Rock and Stiff -Soil Sites) California Division of Mmes and Geology Open -File Report 92 -1. Tan, S.S., 1995, Landslide Hazards in the Northern Part of the San Diego Metropolitan Area, San Diego County, California, California Division of Mines and Geology Open -File Report 95 -03. Tan, Siang S., and Kennedy, Michael P., 1996, Geologic Map of the Encinitas And Rancho Santa Fe 7.5' Quadrangles, San Diego County, California, California Division of Mines and Geology Open -File Report 96-02. Wesnousky, S.G., 1986, "Earthquakes, Quaternary Faults, and Seismic Hazards in California ", in Journal of Geophysical Research, Volume 91, No. B12, pp 12,587 to 12,631, November 1986. U.S. Geological Survey, 1953, 7 1/2 Minute Topographic Maps, Encinitas Quadrangle. U.S. Geological Survey, 1967, 7' /z Minute Topographic Maps, Encinitas Quadrangle. CARL _ j Om 'x �; d dmw Foms mr, -aa� —s A�,�p-a— NB'3JF" Yd�I�bvYE�iHs-N Y 0A0 y - - \ nss<�s 's P.ca Ivdm_ 1sr22F32 _gyp _ iq� -i Toce LO;, c ¢>IIi N � $ S3 � @. ,. A f x5Tr,6 FRF H— A 1V �a'a i 5 h 540a 5F. ah Y 5 PKYAT -p} S b P C- L fag k ; °roynea uae 3 Z F q� _;7. f 7.00 € • Tr VIGNTY MAP, - "=K.; /(f xs0—,. 92. dopy Swth<rt trxdc M:ded� 1 N ACW�ca 5�'F W� `E ' hA J L 1 lap PFwaed ✓Y— M JG R.(.F. ?E6a2 -KTRAT F DOG 39 4Li7 \ 4a 30 9� `E5 RpG w b, 9 GRA€JGC£ CTG'i 5� ORANAC£ NOT- 9ITE PLAN OI R� A&40Y'Et£N GWEi FOR TI€ T�£ 5£DIY'CE4 A5TG PEA3w WY MII Fqa NARN<E55 ?>PPO T1eE3i GF v:.� 2�FdF. R..GD 5� T�E CN OF ENGh'TA° AIMS IT A�- ­ A:VD fiwY.AY%�5 ?CAGY T Tf htPRGY'G1�;? f'e A > GLAR14. RGl?NV OR PR04 ®N6 AG4N5T l*£ GTV OF GF GgJNY 45JW - " "N!3c oR'-c. G69vT5. 5 oR EAP,.YES C Fr: GSi'E aD GK AFTM, d\ °PR = FRO l-E G'Y u= A5 ALCE55 EASBv�t; i'- JSTN.i EAR ]T TO =E WAVY T-€ TAB£ UGC 5F P- �....x£ SELTAN G6 499.3J. T i`, a..�;uJ3VT P= SFJ� P�&1 nit PURL RaAO PRPDXS ?E2 _J5 . AFi�T Fi£ 4 65� +FZ1Fiv TM; K GGNATb�'U LP'?V T}€ `di'Y OF BvLP€t v a4: ", aRABV4is 'pa'NM W'F;E TO 6. AUT —T TO 11 t =q, O 6VCTfi�� Pi.BIJG @nb 45 FLETM. J i5,58 q Fg .Aa°—I T, A5I, DY -SoDCro�x; ` tl„ OR7N,iM:£ AI:. LA TO TO AT AS Fib Lf.RE REI' GF TYPICAL SECTION ®3 P � 5- €,�',�AT� 5 „,5,�„GT�1� AGGE55 TO 5v1. � 5� P,RT DRAINAEE DETAIL PRIVATE ROAD O � U Lcr. v 1 recreC © w ;tee cRrresav � sn 2FSONGL STGnca� Q Exs-n�z car � e cL�e Ar. e€ n3z CITY OF ENCINITAS ADMINISTRATIVE APPLICATION COMMUNITY DEVELOPMENT DEPARTMENT 505 South Vulcan Avenue Encinitas, California 92024 (760) 633 -2722 Application No. -1 ,Z 1 ! ! W Date of Application: /2-5— ; el Community Area CAL I �/ DEPARTMENT USE ONLY APPLICATION TYPE (check all that apply) Finance # Code Amount ❑ Administrative Design Review ........................... ............................... ❑ Certificate of Compliance .................................. ............................... ❑ Coastal Development Permit ............................. ............................... Exempt Regular permit Appeal Zone? Y _ N Cat. excluded CCC permit ❑ Environmental Submittal (EIA/Neg. Dec/EIR) ... ............................... ❑ Extension Request ............................................ ............................... ❑ Lot Line Adjustment .......................................... ............................... ❑ Minor Use Permit .............................................. ............................... ❑ Minor Variance (reduction of setback by 20% or less) ...................... ❑ Sign... .............................................................................................. ❑ Sign Program .................................................... ............................... 0 Tentative Parcel Map ......................... . .............................................. 77 -ZB i Pz /2 ❑ Waiver of Side Yard Setback (Sec. 30.16. 010610 ) .......................... ❑ Waiver of Standard Height Regulations (Section 30.16.010B)......... Total Paid: / 7-c) Please complete the following: Project Name: !cATC.Ttv¢ �c rcki mc`P ° pP1,C«Ii�yl T1 rkz Project Address: APN: L55 -ZZ I - 3 Z Between PrM A R Cro Sft And Lo S 'P I iV o s r 1lrZ (Street) (Street) •" G► 1 Name: C TG N A--1) PII�n,,i, Z Phone: ISS3 510h (Last, First, Middle Initial or Firm Name) Address: i 3 4 4 N c-) City 7t"_- L VVA-rL , State C'I Zip -1 Z OWNERS) / Name: F, Ko k I TA B. tTL Phone: (Last, First, Middle Initial or Firm Name) Address: 13 4-4S N\4,tJ C— 3 City State S "Zip `i Z I CD /ddcAAbaptCDAPP.DOC (915195) ENGINEER /ARCHITECT Name: >r I t "\,Vi�) P I R A Z PhoneA� I� 4 7 z-1 O (Last, First, Middle Initial or Firm Name) (60ti) 'S 3 3 31 J Address: i3445 fMt`1G Uk-�-k�� City 0C- M,'arz State Zip 9-L ) 1 i "PLEASE ATTACH A DESCRIPTION OF THE PROPOSED USE / PROJECT TO THIS APPLICATION. Have you had a pre - application meeting? ® Yes ❑ No If yes, name of planner: Ihr. 4I N4 KENNGn) Has construction or use of the property for which this permit is requested started? ❑ Yes g 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 12 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.) 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. 6. Signature, Owner or Authorized Agent (Attach letter of authorization) i I r:.) A. C- C Please Print or Type Signator's Name CD /ddcli- .�baptCOAPP. DOC (915195) Date APPLICATION SUPPLEMENT CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT ��DesignReview MUP /MIN t/TM PM Variance Other: 1 Project Description. (Describe proposed project. Describe what you are requesting). Ittlq itlr �aRCE1 Mf�� AD�I r TI,IV Fir: THE 1!Kof j5E L) a. b. c. d. e. f. 9 building sq. ft. _4 a 5-f K J C I LJ K G garage sq ft. N•� P }(�0 L, r}t3lt exterior material /color NOT window material/color 'tj - N ' door material /color roof material /color N N- - Landscaping Percentage Standards: 0 f�• DENSITY CODE REQUIREMENTS PROJECT Density Range Mid -Range . o , Net lot area Lot Width .� 'T -1 ei 8 O Cul -de -sac lot width !� Panhandle lot width „O Lot Depth Front Yard Setback ? j Interior Side Yard Setback 5 / I J Exterior Side Yard Setback Rear Yard Setback L `� Lot Coverage Building Height Off - Street Parking FAR CD /ddc 0bapt5UPPLMNT. DOC(5 /5/97) Community Area L- I N '} 5 Thomas Bros Pg 114-1 General Plan Designation No. !� ( 5, State Coastal Zone? ❑ Yes D( No Number of Proposed Residential Units: Attached Detached Number of Lots 3 Acres: Gross • '- I Net o • -�5 3 Related Case ?: PQ Yes ❑ No If yes, provide previous Case No. 19 -1 o G 'Tn M 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). VACLO 1-01 bN RO.A-b loo r-T `AST a% •A-M/1r-KC-o3A 54)pG5 A3oo7i 8-0% 20 9.a7,, To rt♦E Sa��T4�, IoWhY2� � r1STIN to` wt0►= El�-�)CMEN j wiTH b-IG bRAit1NG ->r. - biTc-4 ovoz, TKF- ExtsTIN� 6` FEW:-G.. AccGSS W iH 'wlDE PRty�l As( Iv\ENT PEK PLAN. E/t51 ANO SouTH SID67 S 6- Q a-6, AT rl h•yh ) . VJES I HN5 A CArrcl.£ I£ f3wr -tom wik-LL A- , I 6 H C H 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).� " / {{ _ �// ti,.�.r foJ -A �L vij (..Q.j, �1vx ( i C.�.i Lice—I o,-)'rh PST nn C- 1 t � J Yv �� 1 CD /ddWi:lbaptSUPPIMNT.DOC (5/5/97) Q" 1 eI r General Plan Zoning Existing Designation Designation Use Subject Parcel: h5i I Rg MckN T o>4h /— North: a . Ka IUD Rc5V tc:- iSFPZ South: _g r- S (D 4E N TI 4 L i4 R mss; C 1 East: RE51pP- NTi k L k West: REsIpEPTf(N-L WQA %Au 'D!N 4 C!F K E 4. Project/parcel history. (Describe any past actions taken on this site or project or any other actions taken on development of the site.) -c<,O IJT(on ND. f4 -D`j �,2goVEh RTEJ - FPrTIJC ph -2c6L 9c► -1.6 -rpm 05f- a ac. rte- 5 17 R- n TD tk rt-Q 1 o TS es 6q 6U s 9j� T. y 0 -5qi • +1 .,ow.1 7710 ��. 1T rr�n-kcT. Vv, l V,-Q— A-e \ -L C( ( 3A�-iTlanc a.r.c( oT4s:r a-rj i �3h i`on� iT lbhJ I.S I`R-k ..v: 62- C- < ✓ie. r-.f- o1J T Ion CD/dddi: bapPBUPPLMNT. DOC (5/5197) -5. Project Design. (Describe the design of the project and how it relates to the subject property and adjacent properties and uses). rr) ,j r� k A q YES% Iw.TCj- cCVC(Op-rm.?,�J . '6. View Preservation. (Describe what views are being maintained on adjacent properties and those that may be impacted by this project.) NOTE: Items with an asterisk may not be appropriate for all applications. If you have questions regarding applicabilityto your project. please discuss with Planning Department staff. CDlddUi -. tbapts UPPLMNT.DOC (5/5197) NET ACREAGE CALCULATIONS GROSSACRES 0.609 LESS: Dedication Proposed Private Streets Significant Wetlands Utility Easements NET ACRES SLOPE DENSITY RANGE CALCULATION A. MAXIMUM RANGE: SLOPE ACRES 0-25% t_ •'S 3Z - 26 -4eft- _=2 40%+ B. MID - RANGE: 4J A- SLOPE ACRES 0 -25% 25-40% -2 40%+ C0/ddc/0bapt6UPPLMNT. DOC (5/5/97) +/- Ac. Rd. +/_ Ac. Ac. Ac. C) IR Ac. 0.53 Z DENSITY DWELLING UNITS x 8 D.U.= 4 -s-7 E:3 t4 . z x D.U. = none Total 4 -87 D.U.'s DENSITY DWELLING UNITS x = x = none Total D. U.'s Please Print or Type Signator's Name COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ENCINITAS 505 South Vulcan Avenue Encinitas, California 92024 (760) 633 -2722 EVIDENCE OF LEGAL PARCEL I IAokZ. Applicant's Name Xr* c-r-i =r- LTC mA L> Telephone Mailing Address 13 4 4 5 /VOA 0 GO DP ( V E -7g47z7o City 1_�E L /VA 12 State u- Zip ci 2 o f+ You are required to supply documentation that this property constitutes a legal parcel before the City can accept for filing any discretionary permits. This form and associated evidence will be reviewed by the Community Development Department upon submittal of your application. A request for a Certificate of Compliance must be filed concurrently with or in advance of this application if the evidence presented is insufficient to determine this parcel as being a legal lot or determination will require substantial time to research. If determined that the property is not a legal lot, no permit or other approval may be granted until corrective action has been completed. 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. Z Page Z I Parcel Signature of Apr cdfddUl \BAPTILEGPARC. DOC(5 /5197) tt_v I z /S /4i Date CITY OF ENCINITAS DISCLOSURE STATEMENT APPLICANT'S 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. A-LI iA B. EiiEN\At-0 List the names of all persons having any ownership interest in the property involved. �Ztl`I\ i3. E I E AAkb b l , LK 1—E Mh- l7 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. 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 No If yes, please indicateperson(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.) 11 , t - 1A-_ AE I Z/ S Signature of Applicant Date Print or type name of applicant CD /ddcll \BAPTDISCL0SE.D0C(5 /5/97) VE. JACARANDA" P L... u.0 JI �CVJ 9 18 i I� �' W N O _o A _c e-.-- y =O� NO4 w0 rr•• 2 1 - m `n J - v I OO Nd'JO' /fY V O) I RD. ACCESS '� „ - •n ,.0 33 i O♦ j Na Y/ 66 2I CITY OF ENCINITAS PROJECT SUMMARY PROPOSEDUSE OWNER /APPLICANT ENGINEER GENERAL PLAN DESIGNATION ZONING REGULATION: ACRES NO. OF LOTS NO. OF DWELLING UNITS CHECK SCHOOL DISTRICT(S) _ CARDIFF ELEMENTARY _ ENCINITAS UNION ELEMENTARY _SAN DIEGUITO UNION HIGH SEWER DISTRICT WATER DISTRICT ASSESSOR BOOK PAGE PARCEL CD /ddc /I: \RAPT \PUBNOT.DOC(5 /5/97) a7 20 24 --I"1921 ; 21 z9 O ♦zl 22 22 1p 61 p p� RD. = r WILLOWHAVEN M11921 MI1921 " C rcrl CASE# DATE RECD_ HEARING DATE NORTH Wsyaq� S. C 32 o.e7AC" .. r ti : 0 I POR 96 3( 41 30 29 28 M11921 ci _ "• 3 O 2] 76 Z 66 2I CITY OF ENCINITAS PROJECT SUMMARY PROPOSEDUSE OWNER /APPLICANT ENGINEER GENERAL PLAN DESIGNATION ZONING REGULATION: ACRES NO. OF LOTS NO. OF DWELLING UNITS CHECK SCHOOL DISTRICT(S) _ CARDIFF ELEMENTARY _ ENCINITAS UNION ELEMENTARY _SAN DIEGUITO UNION HIGH SEWER DISTRICT WATER DISTRICT ASSESSOR BOOK PAGE PARCEL CD /ddc /I: \RAPT \PUBNOT.DOC(5 /5/97) a7 20 24 --I"1921 ; 21 z9 O ♦zl 22 22 1p 61 p p� RD. = r WILLOWHAVEN M11921 MI1921 " C rcrl CASE# DATE RECD_ HEARING DATE NORTH Wsyaq� S. C CERTIFICATION OF POSTING I certify that the "Notice of Permit Application" has been posted at a conspicuous location on the site Arta 4v / Signature P (kokk -Z- PRINT NAME (date) CASE NUMBER: �7 -2 V /7,;t�/n LOCATION: lid %/T &07- RETURN TO 0 L/ v6.✓ lee-AIAI F,o. (Planner) CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 505 South Vulcan Avenue Encinitas, CA 92024 (760) 633 -2722 CD /ddc /I: \BAPT \PUBNOT.DOC(5 /5/97) HOUSING INFORMATION TO BE COMPLETED BY PERSONS SIIBMITTING APPLICATIONS TO THE COMMUNITY DEVELOPMENT DEPARTMENT, AND PERSONS SIIBMITTING BIIILDING PERMIT APPLICATIONS TO THE BIIILDING DEPARTMENT. THIS FORM MUST BE COMPLETED AS PART OF YOUR COMPLETE APPLICATION SUBMITTAL. State law requires the City to keep information on housing, by type of housing unit and its availability to households at different income levels. Some of this information is also necessary for the City's annual housing unit allocation program. Yes Will this application result in the removal, demolition, conversion, or the addition of any dwelling units in No 01 Encinitas? If ;'es, please complete the following: + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + I - NUMBER OF DWELLING UNITS TO BE REMOVED, DEMOLISHED OR CONVERTED TO A NEW USE Please identify, for each type, the number of dwellings occupied by persons or households within each of the income levels. This applies to both, owner- occupied and renter - occupied units. Please refer to attached table I, chart of current -year income levels. Single - family dwellings (detached, and attached "twin homes" on separate lots; including mobilehomes established on separate lots as permanent dwelling units): very low lower moderate upper attached or detached condominium units: very low lower moderate upper duplex units (two units on one legal lot): very low lower moderate upper multi - family units (three or more in one structure, not condominiums): very low lower moderate upper mobilehome /trailer park spaces: very low lower moderate upper "residential hotel" or single- room - occupancy rooms: very low lower moderate upper accessory dwelling units ( "granny flats" or "second units ", not guest houses; attached to main dwelling or detached): very low lower moderate upper other (describe: ): very low lower moderate upper BW \04 \FL4- V25OWP5 (9 -06 -91/3) 30 r- l CITY OF ENCINITAS —3M COMMUNITYDEVELOPMENTDEPARTMENT 505 So. Vulcan Avenue 1 Encinitas, CA 92024 S (619) 633 -2710 NOTICE OF DECISION DCD -97 -126 December3l, 1997 V 5-TGS - PM ]D� I ft;T, "� This letter is to inform you that the Director of Community Development has approved your application for: 97 -281 TPM (Etemad) - Tentative Parcel Map for a three -lot subdivision for property located at 1735 Olivenhain Rd. (APN 255- 221 -32). Project Description and Discussion: The applicant proposes to subdivide a vacant legal lot into three lots for property located at 1735 Olivenhain Rd. within the R -8 Zone, which specifies a minimum net lot size of 5,400 sq. ft. The proposed parcels meet the lot area, lot dimensions and density standards, with parcels one and two having net lot areas of 7600 sq. ft., and parcel three having a net lot area 8769 sq. ft. All parcels exceed the width and depth standards of 60 ft. and 90 ft. A three lot subdivision was approved for the site in 1989 (89- 106TPM), proposing three lots in a similar configuration. The approval expired without recording. The applicant has submitted service availability letters indicating that all required services are available for the project site. The project site has an overall average lot slope of approximately 9% and has no sensitive biological resources on -site. A standard 300 ft. public notification was issued and the Community Development Department received no adverse comments. JKA197281TPUDfC 112 -31 -971 Fr" P ✓ --f - �55- 22I -32 1 / /yA� FINDINGS Tentative Parcel Map This approval is subject to the following findings for Tentative Parcel Map. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and any specific plans since the project is in conformance with the General Plan designation (Residential 5.01 -8 du/ac) for the site. 3. That the site is physically suitable for the intended residential type of development, in that proposed lots will adequately accommodate existing and future single family dwellings in terms of lot size, shape, setbacks and access. That the site is physically suitable for the proposed density of development since the topography and design of the new proposed lots can adequately accommodate existing and future single family homes and because the subdivision conforms to the density limitations (8 dwelling units per acre) contained within the R -8 Zone. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the site has no natural resources which would be significantly impacted by the proposed subdivision. The proposed project site has been determined to be exempt from Environmental Review as per CEQA Guidelines Section 15315. 6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems, since documentation has been obtained stating that necessary utilities and services are available for the project site. 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. 8. The subdivision conforms with all the provisions of the Municipal Code including project density, lot size and lot dimensions, as per the information submitted in the subdivision application. JK1097281 TPUD£C 112 -31 -971 CONDITIONS This approval is subject to the following conditions: G1 STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. M4 The property owner /developer shall obtain design review permits through the City for homes to be constructed on the lots resulting from the approved map, as well as all related site improvements. If the property owner /developerelects to develop the lots resulting from the approved final map as custom homesites, the design review permit requirement may be waived by the Community Development Department pursuant to Section 23.08.030 (7) of the Municipal Code. The property owner /developer is advised to contact the Community Development Department at such time as development of the subject property is planned to determine whether a design review permit will be required. A standard coven this condition shall be recorded in the Office of the County Recorder to give constructive notice to future purchasers of the site. E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SP 1 The developer shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement with the City for completion of said improvements prior to issuance of any building permit within this project. The improvement shall be constructed and accepted for maintfnance by the City Council prior to occupancy of any building permit for any unit within the project. The improvements are: AC pavement, curb, gutter and sidewalk along the project frontage of Olivenhain Road, aligned with the existing facilities on the west edge of the project. EG2 No grading permits shall be issued for this subdivision prior to recordationof the final map. EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. JK17 19728rTPM.DfC 112- 31 -97/ EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils /geological1hydraulicreport (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The report shall be approved prior to final map approval ED3 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 Engineering Services Director to properly handle the drainage. ED6 The owner of the subject property shall execute a hold harmless covenant regarding drainage across the adjacent property prior to approval of the final map for this project. Goy sw+ �►.rrt ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted. ES4 Reciprocal access and/or maintenance agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Engineering Services Director. ES5 Prior to any work being performed in the public right -of -way, a right -of -way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. ES8 The design of all private streets and drainage systems shall be approved by the Engineering Services Director 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. EU2 The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. EU3 The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and other applicable authorities. EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. JK1f197281TPM.DEC 112 -31 -971 EU5 The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. EM3 This project is approved specifically as I (single) phase. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F3 ACCESS ROADWAY WHEN AUTOMATIC FIRE SPRINKLER SYSTEMS INSTALLED: A fire access roadway providing access to not more than three (4) 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. f ~ F9 POSTING OF ROADWAYS: Emergency access roadways when required shall be properly identified as per Fire Department standards. F11 FIRE HYDRANTS & FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states 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. INSTALL FIRE HYDRANT (1) AS FOLLOWS: ALSO SEE APPROVED MAP: At the comer of access road and Olivenhain Rd. F13 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 the address numbers shall conform to Fire Department Standards. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where strictures 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 with height conforming to Fire Department standards shall be affixed to this marker. F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE- FAMILY DWELLINGS AND DUPLEXES: Structures shall be protected by an automatic fire sprinkler system installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to issuance of building permits. JK1I 197281TPM.DEC 112.31 -971 5 In accordance wi vis' of the Municipal Code, this decision may be appealed to the City Council wi fteen (10) endar days of the date of this determination. This notice constitutes a decision of the ommumtyDevelopmentDepartmentonly. Additional permits, including Building Permits, may be required by the Building Department or other City Departments. It is the property owner's responsibility to obtain all necessary permits required for the type of project proposed. If you have any questions regarding this determination, please contact Jim Kennedy at the Community Development Department by telephoning (760) 633 -2715. Sandra Holder Community Development Director ✓K1T197281 TPM. DEC 112 -31 -971 PROJECT REVIEW REQL—., r CITY OF ENCINITAS Community Development Department 505 South Vulcan Avenue Encinitas, CA 92024 -3633 COMMUNITY AREA: � ! : y SUBMITTAL DATE: /_'-f-17 CASE NUMBER: A7- 2f_)/ 71 f"el FINANCE NUMBER: APPLICANT: / ADDRESS: /7,35 D /%Venha n RG . APN: ZSJ DESCRIPTION: T rVe L=4- Subcl i vi$ ia;2 ENVIRONMENTAL STATUS: TO [ ] Sandy Holder, CD Director [ j Bill Weedman, City Planner [ J Gary Barberio, Senior Planner [ ] Will Foss, Building Division Supervisor [ j Cindy Adams, Code Enforcement Coordinator [ J David Moore, Dep. Fire Marshall [ J Mike Castanada, Fire Prevention Officer �r] Hans Jensen, Sr. Civil Engineer [ ] Rob Blough Assoc. Traffic Engineer [ ] Victor Graves, Planner, San Dieguito Water District [ j Jessie Tench, Superintendent Parks & Beaches [ ] Lt. Virgil Lewis, Sheriffs Office (Encinitas) ACTION REQUESTED: [ ] INITIAL REVIEW [ ] RE- REVIEW, NOTE CHANGES ' Date Transmitted: ...-: — _17 Return by (Date): /0 -,q 7 RETURN TO CD DEPARTMENT CONTACT PLANNER: �^ ate(. /1 - Jim Kennedy L Ext. 2715 5'a I:q- 1- Zgl.voe- rg CIRCLE APPROPRIATE STANDARD CONDITIONS AND RETURN ALONG WITH ANY SPECIFIC CONDITIONS FOR PROJECT. CONDITIONS SELECTED BY: kL 't .A PwLl�y' , DATE: f2--1q-97 ADDITIONAL COMMENTS TO PLANNER: �- t3 -H-k al.4'fz�� (CONTINUE COMMENTS ON BACK IF NECESSARY) LK/G:\PROJ -RUT (11/10/97) 4 ., CITY OF ENCINITAS Project No. _97 -281 TPM Applicant: ETEMAD December 19. 1997 APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SPl The developer shall obtain the City Engineer's approval of the project improvement plans and enter EG2 EG3 EG5 EG7 EG8 ED3 ED6 ED7 ES4 ES5 ES8 EU2 EU4 EU5 EU3 EM3 into a secured agreement with the City for completion of said improvements prior to issuance of any building permit within this project. The improvements shall be constructed and accepted for maintenance by the City Council prior to occupancy of any building permit for any unit within the project. The improvements are: AC pavement , curb, gutter and sidewalk along the PROJECT frontage of Olivenhain Road, aligned with the existing facilities on the west edge of the project. PRELIMINARY REPORT GUikM12W T I T L E 9 C O M P A N Y "' JUN22� Grin M inn Guardian Title Company 1660 Hotel Circle North Suite 321 San Diego, CA 92108 PHONE: (619) 574 -5985 FAX (619) 294 -3298 DATED AS OF JUNE 12. 2000 AT 7:30 A.M. PIROUZ ETEMAD 13445 MANGO DRIVE DEL MAR, CA 92014 ESCROW NO.: EC- 11799 -BF ORDER NO.: SD2030942 AMENDED "PRELIMINARY REPORT' IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, GUARDIAN 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 BELOW 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. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW 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 [X] CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [ ] AMERICAN LAND TITLE ASSOCIATION LOAN POLICY MIKE VALERI, TITLE OFFICER LORRAINE MANN, BRANCH MANAGER (619) 574 -5985 ORDER NO.: SD2030942 SCHEDULE A THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: F_\IZIMI TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN. PIROUZ ETEMAD AND AZITA B. ETEMAD, HUSBAND AND WIFE AS JOINT TENANTS THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF San Diego, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lac ORDER NO.: SD2030942 EXHIBIT "A" THE WESTERLY 111.00 FEET OF THE EASTERLY 333.00 FEET (MEASURED ALONG THE NORTH LINE) OF THAT PORTION OF LOT 12 OF RANCHO 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 JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12; THENCE SOUTH 87 DEGREES 03 MINUTES 30 SECONDS WEST, 1213.52 FEET ALONG THE NORTHERLY LINE OF SAID LOT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 87 DEGREES 03 MINUTES 30 SECONDS WEST, 446.0 FEET; THENCE SOUTH D2 DEGREES 56 MINUTES 30 SECONDS EAST, 300.00 FEET; THENCE NORTH 87 DEGREES 03 MINUTES 30 SECONDS EAST, 446.00 FEET; THENCE NORTH 02 DEGREES 56 MINUTES 30 SECONDS WEST, 300.00 FEET TO THE TRUE POINT OF BEGINNING. 3 ORDER NO.: SD2030942 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. TAXES FOR PRORATION FOR THE FISCAL YEAR 1999 -2000 FIRST HALF: SECOND HALF: ASSESSED VALUATION: LAND VALUE: IMPROVEMENTS: EXEMPTION: CODE AREA A. P. NO.: $501.43 PAID $501.43 PAID $86,575.00 $0.00 $0.00 19144 255- 221 -32 B. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2000 -2001, ALIEN NOT YET DUE OR PAYABLE. C. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. D. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT NO.: 4448 SERIES: 96 -1 DISTRICT: SAN DIEGO CITY FOR OMWD WATER STORAGE PROJECT BOND ISSUED: AUGUST 6, 1997 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY /CITY PROPERTY TAXES. THE FOLLOWING EXCEPTION WILL BE SHOWN ON A LENDER'S POLICY OF TITLE INSURANCE, IF ANY, ISSUED IN CONNECTION WITH THIS TRANSACTION: WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 2, THE EFFECT OF A MAP PURPORTING TO SHOW THE LAND AND OTHER PROPERTY, RECORDED AS MAP NO. 5728 OF RECORD OF SURVEYS. 3. AN EASEMENT FOR PURPOSES STATED AND INCIDENTAL RIGHTS. FOR: PUBLIC ROAD PURPOSES GRANTED TO: THE COUNTY OF SAN DIEGO RECORDED: SEPTEMBER 7, 1961 AS FILE NO. 155964 OF OFFICIAL RECORDS AFFECTS: THE NORTHERLY 30 FEET OF SAID LAND 4 ORDER NO.: SD2030942 SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 4, A DOCUMENT ENTITLED "CERTIFICATE OF COMPLIANCE" RECORDED SEPTEMBER 14, 1977 AS FILE NO. 77- 375765 OF OFFICIAL RECORDS. 5. AN EASEMENT FOR PURPOSES STATED AND INCIDENTAL RIGHTS. FOR: PUBLIC HIGHWAY GRANTED TO: THE CITY OF ENCINITAS RECORDED: JUNE 25, 1987 AS FILE NO. 87- 355268 OF OFFICIAL RECORDS AFFECTS: THE NORTHERLY 61.00 FEET OF SAID LAND SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 6. ANY ASSESSMENTS OR LIENS WHICH MAY BE LEVIED BY VIRTUE OF THE FACT THAT THE SUBJECT PROPERTY LIES WITHIN THE OLIVENHAIN MUNICIPAL WATER DISTRICT ASSESSMENT DISTRICT NO. 96 -1, OLIVENHAIN WATER STORAGE PROJECT, RECORDED SEPTEMBER 3, 1996 AS FILE NO. 1996- 0446016 AND RECORDED OCTOBER 8, 1996 AS FILE NOS. 1996 - 0510864 AND 1996- 0511030, ALL OF OFFICIAL RECORDS. NOTICE OF ASSESSMENT FOR OLIVENHAIN MUNICIPAL WATER DISTRICT WATER STORAGE PROJECT RECORDED OCTOBER 8, 1996 AS FILE NO. 1996- 0511031 AND 1996- 0511032, BOTH OF OFFICIAL RECORDS. A DEED OF TRUST TO SECURE AN INDEBTEDNESS AMOUNT: $45,000.00 DATED: NOVEMBER 11, 1997 TRUSTOR: PIROUZ ETEMAD AND AZITA B. ETEMAD, HUSBAND AND WIFE TRUSTEE: GUARDIAN TITLE ESCROW DIVISION, A CALIFORNIA CORPORATION BENEFICIARY: ERNA SETTERLUND, A WIDOW, AS TRUSTEE OF THE SETTERLUND FAMILY TRUST DATED SEPTEMBER 9, 1997 RECORDED: NOVEMBER 13, 1997 AS FILE NO. 1997- 0571972 OF OFFICIAL RECORDS IF THE ABOVE- MENTIONED DEED OF TRUST HAS BEEN PAID, OR WILL BE PAID PRIOR TO OR AT CLOSE OF ESCROW, THIS COMPANY WILL REQUIRE THE ORIGINAL NOTE, DEED OF TRUST AND SIGNED REQUEST FOR RECONVEYANCE, OR THE EXECUTED FULL RECONVEYANCE FOR SAID DEED OF TRUST, PRIOR TO CLOSING. IF YOU CANNOT OBTAIN THESE DOCUMENTS, PLEASE CONTACT US. A COPY OF THE SETTERLUND FAMILY TRUST, TOGETHER WITH ANY AMENDMENTS THERETO, TO BE PROVIDED TO THIS COMPANY. 8. ANY FACTS ABOUT THE LAND THAT AN INSPECTION OR INQUIRY OF PARTIES IN POSSESSION SATISFACTORY TO THE COMPANY WOULD DISCLOSE AND THAT ARE NOT SHOWN BY THE PUBLIC RECORDS. 9. STATEMENT OF INFORMATION FROM PIROUZ ETEMAD AND AZITA ETEMAD. 10. STATEMENT OF INFORMATION FROM RICHARD BARKER. ORDER NO.: SD2030942 NOTE NO. 1: THE CHARGE FOR A POLICY OF TITLE INSURANCE ISSUED THROUGH THIS TITLE ORDER WILL BE BASED ON THE SHORT -TERM RATE. NOTE NO. 2: ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE LAND DESCRIBED HEREIN WITHIN A PERIOD OF SIX (6) MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS: NONE NOTE NO. 3: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, ASSEMBLY BILL 512 (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. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. THE PERSONS WHO ARE PARTIES TO THE TRANSACTION TO WHICH THIS TITLE INSURANCE POLICY RELATES (THE "PRINCIPALS -) EACH AGREE, UNDERSTAND AND ACKNOWLEDGE THAT GUARDIAN TITLE COMPANY ( "GUARDIAN -) IS ALSO ACTING AS AN ESCROW HOLDER IN CONNECTION WITH THIS TRANSACTION AND IS NOT ACTING AS A TRUSTEE OR IN ANY OTHER FIDUCIARY CAPACITY. GUARDIAN'S DUTIES SHALL BE LIMITED TO SAFEKEEPING OF SUCH MONEY AND DOCUMENTS RECEIVED BY IT AS ESCROW HOLDER, AND FOR THE DISPOSITION OF SUCH MONEY AND DOCUMENTS IN ACCORDANCE WITH THE WRITTEN INSTRUCTIONS ACCEPTED BY IT AS AN ESCROW HOLDER. ALL FUNDS RECEIVED BY GUARDIAN AS ESCROW HOLDER SHALL BE DEPOSITED TO AN ACCOUNT (THE - ESCROW ACCOUNT -) WITH A STATE OR FEDERAL BANK (THE - DEPOSITORY -). GUARDIAN MAY ALSO DEPOSIT ESCROW FUNDS FOR OTHER CUSTOMERS FOR UNRELATED TRANSACTIONS TO THE ESCROW ACCOUNT. UNLESS OTHERWISE AGREED IN WRITING, EACH OF THE PRINCIPALS AGREES, UNDERSTANDS AND ACKNOWLEDGES THAT: THE ESCROW ACCOUNT IS NON- INTEREST- BEARING; NO FINANCIAL OR OTHER BENEFITS WILL BE EARNED BY OR PROVIDED TO ANY OF THE PRINCIPALS WITH RESPECT TO SUCH FUNDS; AND GUARDIAN AND ITS AFFILIATES MAY INSTEAD RECEIVE DIRECT AND INDIRECT FINANCIAL AND OTHER BENEFITS FROM THE DEPOSITORY WITH RESPECT TO SUCH FUNDS. THESE BENEFITS SHALL BE TREATED AS ADDITIONAL COMPENSATION TO GUARDIAN FOR ITS SERVICES AS AN ESCROW HOLDER IN THIS TRANSACTION. ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY UPON DEPOSIT. ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED. OUTGOING WIRE TRANSFERS WILL NOT BE AUTHORIZED UNTIL CONFIRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR AVAILABILITY OF DEPOSITED CHECKS. ORDER NO.: SD2030942 NOTE: IF YOU INTEND TO WIRE FUNDS TO GUARDIAN TITLE COMPANY, PLEASE CALL OUR OFFICE AND SEND THE FUNDS TO: IMPERIAL BANK 2015 MANHATTAN BEACH REDONDO BEACH, CA 90278 SAN DIEGO COUNTY TRUST ACCOUNT #31006864 ABA ROUTING #122201444 PLEASE REFERENCE OUR ORDER NUMBER AND THE TITLE OFFICER'S NAME. MRV:AH SHT 2 a OL IVENHAIN ` =a 3 e F zcoAc a Sr1T I Mrg`�se OPEN ® a I19 • :n w Moo CG n I + cua ... S 2M e. f[ S T1 Ora .U.CO e0R .SS[SS Ml N..OSIS d 11 G 0.S 1631 r O� o -06y.,�q ry ti ^ Z1. 1 a ? "0' 73 O 71 � zi ze 70 197 O 393 K. Sf'KE 255 -22 SHTIOF4 i1J =T 11 q0' l f .ccESs 33 O 6 � i 0.67n I POR. 12 O 22 U 41 os.c Mea SHT 2 3 ., f ,lYI..Y 0 g 30 29 2a M11921 27 26 M,pL O O. O O o . v .11O zzI rr 23 67 O h i RD, ^ 66 Vh lx M11921 z1 Y ...1 a 65 ^ MI1922 ye i O 0 O 63 0 9 62 61 60 ESMT e , e I .IrH'ol'( �i POR LOT A2 ASSESSED OM 42 K 2z SHT 2-' II e e'> 22 n,o D IT3 " MAP11922— CITYOF ENCINITAS TCT NO 4579 -2 MAP11921- 07Y;i ENCINITAS ILL N0.4579 -1 MAR 848 — RANCHO LAS ENCINITAS ROS 5728 GUARANTEE 5 T A M E R I �4 09 FirstAmerican Title Insurance Company H 135251 Fm 140.1282 (Pw 12115M) ORDER NO, SD2030942 PARCEL MAP GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, HEREIN CALLED THE COMPANY, L�19_1:LV11��.9 THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH THE LAND IS LOCATED, HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED HEREIN WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCE WHICH THE COMPANY HEREBY GIVES THAT. ACCORDING TO THE PUBLIC RECORDS ON THE DATE STATE BELOW, 1. THE TITLE TO THE HEREIN DESCRIBED ESTATE OR INTEREST WAS VESTED IN THE VESTEE NAMED, SUBJECT TO THE MATTERS SHOWN AS EXCEPTIONS HEREIN, WHICH EXCEPTIONS ARE NOT NECESSARILY SHOWN IN THE ORDER OF THEIR PRIORITY: AND 2. HAD SAID PARCEL MAP BEEN RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SUCH MAP WOULD BE SUFFICIENT FOR USE AS A PRIMARY REFERENCE IN LEGAL DESCRIPTIONS OF THE PARCELS WITHIN ITS BOUNDARIES. FIRST AMERICAN TITLE INSURANCE COMPANY AUTHORIZED SIGNATURE ORDER NO. SD2030942 PARCEL MAP GUARANTEE GUARANTEE NO.: 135251 LIABILITY: $1,000.00 ORDER NO.: SD2030942 FEE: $200.00 EFFECTIVE DATE: JUNE 12, 2000 POLICY MAP REFERENCE: CITY OF ENCINITAS TPM 97.281 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS GUARANTEE IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN PIROUZ ETEMAD AND AZITA B. ETEMAD, HUSBAND AND WIFE AS JOINT TENANTS THE LAND INCLUDED WITHIN THE BOUNDARIES OF THE PARCEL MAP HEREINBEFORE REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED IN EXHIBIT "A ": ORDER NO. SD2030942 EXHIBIT "A" THAT PORTION OF LOT 12 OF RANCHO 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 JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12; THENCE SOUTH 87 DEGREES 03 MINUTES 30 SECONDS WEST, 1213.52 FEET ALONG THE NORTHERLY LINE OF SAID LOT 12 TO A POINT; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 87 DEGREES 30 MINUTES 46 SECONDS WEST, 222 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE SOUTH 02 DEGREES 29 MINUTES 14 SECONDS EAST (RECORD SOUTH 02 DEGREES 56 MINUTES 30 SECONDS), 300 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 26 OF MAP 11921; THENCE SAID NORTHERLY LINE OF MAP 11921, SOUTH 87 DEGREES 30 MINUTES 46 SECONDS WEST, 111 FEET; THENCE LEAVING SAID NORTHERLY LINE OF MAP 11921, NORTH 02 DEGREES 29 MINUTES 14 SECONDS WEST (RECORD NORTH 02 DEGREES 56 MINUTES 30 SECONDS WEST), 300 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 12 PER MAP 848; THENCE ALONG SAID NORTHERLY LINE NORTH 87 DEGREES 30 MINUTES 46 SECONDS EAST (RECORD SOUTH 87 DEGREES 03 MINUTES 30 SECONDS WEST), 111.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTIONS A. TAXES FOR PRORATION FOR THE FISCAL YEAR 1999 -2000 FIRST HALF: SECOND HALF: ASSESSED VALUATION: LAND VALUE: IMPROVEMENTS: EXEMPTION: CODE AREA A. P. NO.: $501.43 PAID $501.43 PAID $86,575.00 $0.00 $0.00 19144 255 - 221 -32 ORDER NO. SD2030942 B. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2000 -2001, ALIEN NOT YET DUE OR PAYABLE. C. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. D. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT NO.: 4448 SERIES: 96 -1 DISTRICT: SAN DIEGO CITY FOR: OMWD WATER STORAGE PROJECT BOND ISSUED:AUGUST 6, 1997 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY /CITY PROPERTY TAXES. 1. THE FOLLOWING EXCEPTION WILL BE SHOWN ON A LENDER'S POLICY OF TITLE INSURANCE, IF ANY, ISSUED IN CONNECTION WITH THIS TRANSACTION: WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 2. THE EFFECT OF A MAP PURPORTING TO SHOW THE LAND AND OTHER PROPERTY. RECORDED AS MAP NO. 5728 OF RECORD OF SURVEYS. 3. AN EASEMENT FOR PURPOSES STATED AND INCIDENTAL RIGHTS. FOR: PUBLIC ROAD PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO RECORDED: SEPTEMBER 7.1961 AS FILE NO, 155964 OF OFFICIAL RECORDS I��� xy b�1:1�► C�]:i1:1�:7ALdiltl �� ri7�.L \I�II_1 �1�] SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. ORDER NO. SD2030942 4, A DOCUMENT ENTITLED "CERTIFICATE OF COMPLIANCE" RECORDED SEPTEMBER 14, 1977 AS FILE NO. 77- 375765 OF OFFICIAL RECORDS. 5. AN EASEMENT FOR PURPOSES STATED AND INCIDENTAL RIGHTS. FOR PUBLIC HIGHWAY GRANTED TO THE CITY OF ENCINITAS RECORDED: JUNE 25, 1987 AS FILE NO. 87- 355268 OF OFFICIAL RECORDS AFFECTS: THE NORTHERLY 61.00 FEET OF SAID LAND SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 6 ANY ASSESSMENTS OR LIENS WHICH MAY BE LEVIED BY VIRTUE OF THE FACT THAT THE SUBJECT PROPERTY LIES WITHIN THE OLIVENHAIN MUNICIPAL WATER DISTRICT ASSESSMENT DISTRICT NO, 96 -1, OLIVENHAIN WATER STORAGE PROJECT, RECORDED SEPTEMBER 3, 1996 AS FILE NO. 1996 - 0446016 AND RECORDED OCTOBER 8. 1996 AS FILE NOS. 1996 - 0510864 AND 1996 - 0511030, ALL OF OFFICIAL RECORDS. NOTICE OF ASSESSMENT FOR OLIVENHAIN MUNICIPAL WATER DISTRICT WATER STORAGE PROJECT RECORDED OCTOBER 8, 1996 AS FILE NO. 1996- 0511031 AND 1996- 0511032, BOTH OF OFFICIAL RECORDS, A DEED OF TRUST TO SECURE AN INDEBTEDNESS AMOUNT: $45,000.00 DATED: NOVEMBER 11, 1997 TRUSTOR: PIROUZ ETEMAD AND AZITA B. ETEMAD, HUSBAND AND WIFE TRUSTEE: GUARDIAN TITLE ESCROW DIVISION, A CALIFORNIA CORPORATION BENEFICIARY: ERNA SETTERLUND, A WIDOW, AS TRUSTEE OF THE SETTERLUND FAMILY TRUST DATED SEPTEMBER 9, 1997 RECORDED: NOVEMBER 13, 1997 AS FILE NO. 1997 - 0571972 OF OFFICIAL RECORDS IF THE ABOVE - MENTIONED DEED OF TRUST HAS BEEN PAID, OR WILL BE PAID PRIOR TO OR AT CLOSE OF ESCROW, THIS COMPANY WILL REQUIRE THE ORIGINAL NOTE, DEED OF TRUST AND SIGNED REQUEST FOR RECONVEYANCE, OR THE EXECUTED FULL RECONVEYANCE FOR SAID DEED OF TRUST, PRIOR TO CLOSING. IF YOU CANNOT OBTAIN THESE DOCUMENTS, PLEASE CONTACT US, A COPY OF THE SETTERLUND FAMILY TRUST, TOGETHER WITH ANY AMENDMENTS THERETO, TO BE PROVIDED TO THIS COMPANY. 8. ANY FACTS ABOUT THE LAND THAT AN INSPECTION OR INQUIRY OF PARTIES IN POSSESSION SATISFACTORY TO THE COMPANY WOULD DISCLOSE AND THAT ARE NOT SHOWN BY THE PUBLIC RECORDS. 9. STATEMENT OF INFORMATION FROM PIROUZ ETEMAD AND AZITA ETEMAD. 10. STATEMENT OF INFORMATION FROM RICHARD BARKER. (F continued) in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebt- edness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reason- able attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all lia- bility of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebted- ness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a)•the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligat- ed to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or dam- age by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the -red shall not exceed the least of: e amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebted- ness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest theron; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 6. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in seining any claim or sub without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except pay- ments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subroga- tion shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. A requested by the Company, the Assured shall transfer to the Company all rights and remedies against any per- son or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. 1. ayment on account of a claim does not fully cover ioss of the Assured the Company shall be subrogaled to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pur- suant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbdra- ble matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, A any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a wining endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 114 East Fifth Street, Santa Ana, California 92701. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or. (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Dnpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2 Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects. liens. encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (AI, (C) or in Part 2 of this Guarantee, or tide to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the Fight to main- tain therein vaults, tunnels, ramps or any structure of improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, dens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non - judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured ": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land ": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records ": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "dale ": the effective dale. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall termi- nate with regard to the matter or matters for which prompt notice is required: provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at as sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or nol it shall be liable hereunder, and shall not thereby concede lia- bility or waive any provision of this Guarantee. d the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) d the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to rep- resent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have hrought an action or interposed a defense as permitted by the pro- visions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use. at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reason- able aid in any action or proceeding, securing evidence. obtaining witnesses, prosecuting or defending the attic rwful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or dam- age signed and sworn to by the Assured shall be fur- nished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to exam- ination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized repre- sentative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, lt requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Com- pany to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information desig- nated as confidential by the Assured provided to the Company pursuantto this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, It is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably nece information from third parties as required PRELIMINARY REPORT GUikM12W T I T L E o C O M P A N Y Gf123 (REV. 6191) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY • 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relaling to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (m) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part. or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect, hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances. adverse claims or other matters (a) whether or not recorded in the public records at Date of Policy, but created, suffered. assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Dale of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy. (C) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained it the insured claimant had paid value for the Insured mortgage or the estate or interest insured by this policy. 4. Unerlforceabllity of the lien of the Insured mortgage because of the inability or failure of the Insured at Dale of Policy, or the mabdrty or failure of any subsequent owner of the indebtedness. to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unentorceability of the hen of the insured mortgage, or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-on-lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or Interest Insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys fees or expenses) which arise by reason of 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2 Any facts. rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights. claims or title to water, whether or not the matters excepted under (a). (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6 -1.87) EXCLUSIONS In addition to the exceptions in Schedule 8, you are not Insured against loss, costs. attornay's lees and expenses resulting from I. Governmental policy power, and the existence or violation of any law or government regulation. This includes budding and zoning ordinances and also laws and regulations concerning. • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears In the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 1 Title Risks. • that are created, allowed, or agreed to by you • that are known to you, but not to us. on the Policy Date - unless they appeared In the public records • that result in no loss to you • mat first affect your title after the Policy Date - this does not limit the labor and material lien coverage In Item 6 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right • to any land outside the specifically described and referred to in Item 3 of ' tale A, or • in streets, alleys, or w. .ys that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Order No. 230546 Escrow No. Olivenhain GUARDIAN TITLE COMPANY 1660 Hotel Circle North, Suite 321 San Diego, CA 92108 (619) 574 -5985 Pirouz Etemad 13445 Mango Drive Del Mar, California 92014 *R *RRRRRRk *RR *RRkR *f RRiRR * *R * * * *ff RRRRRRR *Rk RRRRRffff RRRf fff RR *R ** *R * *f Rff RRRRRRf RR *R DATED: October 8, 1998 at 7:30 A.M. In response to the above referenced application for a policy of title insurance, GUARDIAN 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 should be read. They are available from the office which issued this report. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN 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 thereto) 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 of Commitment should be requested. Guardian Title Company is authorized to issued the title insurance policies of First American Title Insurance Company. The form of policy of title insurance contemplated by this report is: CLTA Standard Coverage Policy GUARDIAN TITLE COMPANY Michael Valeri Tide Officer Order No. 230546 Escrow No. Olivenhain SCHEDULE A 1. The estate or interest in the land described or referred to in this Schedule covered by this report is: A FEE 2. Title to said estate or interest as of the date hereof is vested in PIROUZ ETEMAD AND AZITA B. ETEMAD, husband and wife as joint tenants The land referred to in this report is situated in the County of San Diego, State of California, and is described in Exhibit "A ": Order No. 230546 Escrow No. Olivenhain EXHIBIT "A" The Westerly 1 11.00 feet of the Easterly 333.00 feet (measured along the North line) of that portion of Lot 12 of RANCHO LAS ENCrN TAS, 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, June 27, 1898, described as follows: Beginning at the Northeast corner of said Lot 12; thence South 87 Degrees 03 Minutes 30 Seconds West, 1213.52 feet along the Northerly line of said Lot to the True Point of Beginning, thence continuing along said Northerly line South 87 Degrees 03 Minutes 30 Seconds West, 446.0 feet, thence South 02 Degrees 56 Minutes 30 Seconds East, 300.00 feet; thence North 87 Degrees 03 Minutes 30 Seconds East, 446.00 feet; thence North 02 Degrees 56 Minutes 30 Seconds West, 300.00 feet to the True Point of Beginning. 3 Order No. 230546 Escrow No. Olivenhain SCHEDULE B 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: 2. 3. 4. R General and special tares, including any personal property taxes, and assessments collected with tares for the fiscal year 1998 to 1999: Area code: Parcel No.: Land value: Improvements: Homeowners' Exemption: First Installment: Penalty: Second Installment: Penaltv and Costs: 19144 255 - 221 -32 -00 $85,000.00 $ 0.00 $ 0.00 $ 493.60 NOT PAID $ 49.36 $ 493.60 NOT PAID $ 59.36 The following exception will be shown on a lender's policy of title insurance, if any, issued in connection with this transaction: Water rights, claims or title to water, whether or not shown by the public records. The effect, if any, of Record of Survey Map No. 5728, which sets forth, or purports to set forth certain dimensions and bearings of the herein described property. 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: Public road purposes Recorded: September 7, 1961 as File No. 155964 of Official Records Affects: The Northerly 30 feet of said land. Said instrument also grants the right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for construction and maintenance. The effect of a Certificate of Compliance issued by the County of San Diego, recorded on September 14, 1977 as File No. 77- 375765 of Official Records. n Order No. 230546 Escrow No. Olivenhain 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 highway Recorded: June 25, 1987 as File No. 87- 355268 of Official Records Affects: The Northerly 61.00 feet of said land. Said instrument also grants the right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for construction and maintenance. Any assessments or liens which may be levied by virtue of the fact that the subject property lies within the Olivenhain Municipal Water District Assessment District No. 96 -1, Olivenhain Water Storage Project, recorded September 03, 1996 as File No. 1996- 0446016 and recorded October 08, 1996 as File Nos. 1996- 0510864 and 1996 -051 1030, all of Official Records. Notice of Assessment for Olivenhain Municipal Water District Water Storage Project recorded October 08. 1996 as File No. 1996- 0511031 of Official Records. A deed of trust to secure an indebtedness in the amount shown below: Dated: November 11, 1997 Amount: $45,000.00 Recorded: November 13, 1997 as File No. 1997 - 0571972 of Official Records Trustor PIROUZ ETEMAD AND AZITA B. ETEMAD, husband and wife Trustee: GUARDIAN TITLE ESCROW DIVISION, a California corporation Beneficiary: ERNA SETTERLUND, a widow, as Trustee of the SETTERLUND FAMILY TRUST dated September 9, 1997 If the above mentioned deed of trust has been paid, or will be paid prior to or at close of escrow, this Company will require the original note, deed of trust and signed request for reconveyance, or the executed full reconveyance for said deed of trust, prior to closing. If you cannot obtain these documents, please contact us. Note: The requirement that this Company be furnished with a copy of the Trust Agreement for THE SETTERLUND FAMILY TRUST, together with all supplements, amendments, etc., thereto. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. Order No. 230546 Escrow No. Olivenhain Note No. l: This report is incomplete as to the effect of documents proceedings, liens, decrees, or other matters which do not specifically described said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. This Company will require statements of information from seller and/or borrower, being PIROUZ ETEMAD AND AZITA B. ETEMAD, in order to complete this report. Note No. 2: The premium for a policy of title insurance, if issued, will be based on the short term rate. Note No. 3: None of the items shown in this report will cause the Company to decline to attach CLTA endorsement Form 100 to the ALTA Loan Policy, when issued. Said land is also known as: VACANT LAND Property Address: Note No. 4: The following is furnished for information only: The only conveyances affecting said land recorded within six (6) months of the date of this report are as follows: NONE Note No. 5: If a 1970 ALTA Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of Federal Bankruptcy, State Insolvency, or Creditor's Rights Laws. Note No. 6: If This Company is requested to disburse funds in connection with this transaction, Assembly Bill 512 (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. Other checks require a hold period from three to seven business days after the day deposited. The persons who are parties to the transaction to which this title insurance policy relates (the "Principals ") each agree, understand and acknowledge that Guardian Title Company ("Guardian") is also acting as an escrow holder in connection with this transaction and is not acting as a trustee or in any other fiduciary capacity. Guardian's duties shall be limited to safekeeping of such money and documents received by it as escrow holder, and for the disposition of such money and documents in accordance with the written instructions accepted by it as an escrow holder. Order No. 230546 Escrow No. Olivenhain All funds received by Guardian as escrow holder shall be deposited to an account (the "Escrow Account ") with a state or federal bank (the "Depository'). Guardian may also deposit escrow funds for other customers for unrelated transactions to the Escrow Account, UNLESS OTHERWISE AGREED IN WRITING, EACH OF THE PRINCIPALS AGREES, UNDERSTANDS AND ACKNOWLEDGES THAT: THE ESCROW ACCOUNT IS NON - INTEREST- BEARING; NO FINANCIAL OR OTHER BENEFITS WILL BE EARNED BY OR PROVIDED TO ANY OF THE PRINCIPALS WITH RESPECT TO SUCH FUNDS; AND GUARDIAN AND ITS AFFILIATES MAY INSTEAD RECEIVE DIRECT AND INDIRECT FINANCIAL AND OTHER BENEFITS FROM THE DEPOSITORY WITH RESPECT TO SUCH FUNDS. THESE BENEFITS SHALL BE TREATED AS ADDITIONAL COMPENSATION TO GUARDIAN FOR ITS SERVICES AS AN ESCROW HOLDER IN THIS TRANSACTION. Only cash or wired funds can be given immediate availability upon deposit. All other funds such as personal, corporate or partnership checks and drafts may cause material delays in disbursement of funds on this order. In order to avoid delays, all funds should be wire transferred. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or availability of deposited checks. NOTE: IF YOU INTEND TO WIRE FUNDS TO GUARDIAN TITLE COMPANY, PLEASE CALL OUR OFFICE AND SEND THE FUNDS TO IMPERIAL BANK 2015 MANHATTAN BEACH REDONDO BEACH, CA 90278 San Diego County Trust Account #31006864 ABA Routing No. 122201444 PLEASE REFERENCE OUR ORDER NUMBER AND THE TITLE OFFICER'S NAME. hf aTA CR AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4 -6-90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4 -6 -90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of I (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy use, or enjoyment of the land, (n) the character, dimensions or location of any improvement now or hereafter erected on the land, fin) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or Irv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy but not excluding from coverage any taking which has occurred prior to Dale of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens. encumbrances, adverse clams or other matters: (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the sate the Insured claimant became an Insured under this policy. (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy), or (e) resulting In loss or damage which would not have been sustained if the Insured claimant had paid value for the Insured mortgage 4. Unenlorceabd4y of the lien of the insured mortgage because of the inability or failure of the insured at Dale of Policy. or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state In which the land is situated. 5 Invalidity or unenforceabillty of the lien of the Insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth In lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and Is not financed In whole or In part by proceeds of the indebtedness secured by the Insured mortgage which at Dale of Policy the insured has advanced or is obligated to advance 7 Any claim, which arises out of the transaction creating the Interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs. attorneys' lees or expenses) which arise by reason of 1 Taxes or assessments which are not shown as existing hens by the records of any taxing authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result In laxesor assessments. or noticesof such proceedings. whether or not shown by the records of such agency or by the public records 2. Any facts, rights. Interests or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or by making inquiry of persons in possession thereof. 3. Easements. liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines. shortage In area. encroachments, or any other facts which a correct survey would disclose. and which are not shown by the public records 5. (a) Unpatented mining claims: (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights. claims or title to water, whether or not the matters excepted under (a). (b) or (c) are shown by the public records AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4 -6 -90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4 -6 -90) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, Ordinances. or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the characler, dimensions or location of any improvement now Or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations. except to the extent that a nonce of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Dale of Policy which would be binding on the rights of a purchaser for value without knowledge 3. Defects, liens, encumbrances, adverse claims or other matters (a) created. suffered. assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Pohcy; or (e) resulting in loss or damage which would not have been sustained of the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceed ings. whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Reorder Form No. 12599 RECORDING REQUESTED BY: Guardian Title EsSjt 6iwcia AND WHEN RECORDED MAIL TO: Erna Setterlund 2012 East Mission Avenue #13 Escondido, CA 92027 ESCROW NO. 20- 08561 -T 1639 HOV � � 1 997 12 :1 6r tt PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE MORY I. RITHI COUNTY RECORDER FEES: ?2.00 THIS SPACE FUN Ht CUNUEN'S USt ONLY: L N _AM1101 THIS DEED OF TRUST, made November 11, 1997, between TITLE ORDER NO. 227336 A.P.# 255- 221 -32 PIROUZ ETEMAD and AZITA B. ETEMAD, Husband and Wife, herein called TRUSTOR, whose address is 13445 Mango Drive, Del Mar, CA 92014 and GUARDIAN TITLE ESCROW DIVISION, a California Corporation, herein called TRUSTEE, AND Erna Setterlund, a Widow, as Trustee of the Setterlund Family Trust dated September 9, 1997, herein called BENEFICIARY, Trustor grants, transfers, and assigns to trustee, in trust, with power of sale that Property in San Diego County, California, described as: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A AND MADE A PART HEREOF "In the event Trustor sells, conveys or alienates title to property secured hereby, the Note shall become immediately due and payable at the option of the holder hereof." TRUSTOR ALSO ASSIGNS to Beneficiary all rents, issues and profits of said realty reserving the right to collect and use the same except during continuance of default hereunder, and during continuance of such default authorizing Beneficiary to collect and enforce the same by any lawful means in the name of any party hereto. For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even date herewith in the principal sum of $45.000.00 payable to Beneficiary or order. 3. the payment of any money that may be advanced by the Beneficiary to Trustor, or his successors, with interest thereon. (continued on next 1640 To Protect the Security of This Deed of Trust, Trustor agrees by the execution and delivery of this Deed of Trust and the note secured hereby, that the provisions of section A, including paragraphs 1 to 5 thereof and the provisions of section B, including paragraphs (1) to (10) thereof of the deeds of trust recorded in the Official Records of the following counties in the state of California and in the books and at the pages of such Official Records as follows: Los Angeles County, Recording Date 11/2166, Book T5155, Page 301, Ventura County, Recording Date 11/3/66, Book 3064, Page 143. Orange County, Recording Date 11/4/66, Book 8096, Page 363, Santa Barbara County, Recording Date 1/10/75, Book 2548, Page 119, San Diego County, Recording Date 1/10/75, Instrument No. 75- 006781. Riverside County, Recording Date 1/10/75, Instrument No. 3133. San Bernardino County, Recording Date 12/6/79; Instrument No. 675. Which provisions are identical in each of said deeds of trust, shall be and they are hereby incorporated herein as fully as though set forth herein at length: and that the references to lands, obligations, and parties in said provisions shall be construed to refer to the lands, obligations, and parties set forth in this deed of trust. A copy of said provisions is printed on the reverse side of this deed of trust. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him at his address hereinabove set forth. For any statement regarding the obligations secured hereby, Beneficiary may charge the maximum amount permitted by law at the time of the request therefor. DATED STATE F CALIFORNIA 11, 1997 SIGNATURE OF TRUSTOCC STATE OF CALIF ' COUN Y OF O „/) tc On — — llOy before me Pirouz Etema a Notary Public in and for said State, personally appeared / Q 1 Aziq B. Etemad �e-ree (or Droved to me on the basis of satisfactory evidence) to be the persons) whose name(s) islare 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ec ted the instrument. WITNESS my h d a7d official seal. �> Name ITyped or Printed (This area for official notarial seal) GRETCHEN PFLEIGER N Comm. /1108948 NOTARY POBUC- CALIFORNIA N San Dirpa County (continued on next page) My Comm. 6olru Aug. 18, 2000 `� DO NOT RECORD The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 16) Upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause said property to be sold, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. If the sale is so postponed of is postponed in any other manner, or if the sale for any reason is not held within one year from the time set for the first sale, the Trustee, at his election shall have the right to again give notice of sale as then required by law for an original sale. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty express or implied. The recitals in such deed or any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenditures of Trustee and of this trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of all sums expanded under the terms hereof, not then repaid, with accrued interest at seven per cent per annum, all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Trustor, or if said property shall have been transferred, the then record owner, together with Beneficiary, may from time to time by instrument in writing substitute to successor or successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by each and recorded in the office of the recorder of the county or counties where said property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trustees who shall, without conveyance from the Trustee processes, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee, and Beneficiary hereunder, the book and page where this Deed of Trust is recorded, and the name and address of the new Trustee. If notice of default shall have been recorded, this power of substitution cannot be exercised until after the costs, fees and expenses of the then acting Trustee shall have been paid to such Trustee, who shall endorse receipt thereof upon such instrument of substitution. The procedure herein provided for substitution of Trustee shall not be exclusive. Such substitution may be made in any other manner then permitted by law. (8) Beneficiary, or his successor in interest is hereby empowered to recover from Trustor or the person so requesting those amounts provided for in Section 2954 Civil Code for a statement regarding the obligation or obligations secured by this Deed of Trust, in the manner provided for in said Section. (9) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby whether or not named as Beneficiary herein. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and /or neuter, and the singular number includes the plural. It 0) Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or REQUEST FOR FULL RECONVEYANCE To be used only when note has been paid r/ To GUARDIAN TITLE ESCROW DIVISION, Trustee; Dated The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered to you herewith together with said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the same. MAIL RECONVEYANCE TO: - �i,� // E R. Do not lose or destroy this Deed of Trust OR THE NOTE w delivered to the Trustee for cancellation before raconveyance wi I be made. California All -pi State of California County of San D1e0Io On S / Personally Appeared ❑ Personally known to me. ose Acknowledgement 1993 before me, Nadine Ganz, Notary Public; [Name(s) of Signer(s)] 2--Xproven to me on the basis of satisfactory- evidence to be the person(si whose name,f)(gplre subscribed to the within instrument and acknowledged to me that he�they esz tjd the same in his. er/ eir authorized capacity(j4. and that by his (he eir signatures on e instrument the personK. or on the behawhich the person acted., executed the instrument. NOTARY WTI'NESS my hand and official seal '1641 Order No. 227336 Escrow No. 20- 8561 -T EXHIBIT- "A" The Westerly 1 11.00 feet of the Easterly 333.00 feet (measured along the North line) of that portion of Lot 12 of RANCHO LAS ENCEaTAS, 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, June 27, 1898, described as follows. Beginning at the Northeast comer of said Lot 12; thence South 87 Degrees 03 Minutes 30 Seconds West, 1213.52 feet along the Northerly line of said Lot to the True Point of Beginning; thence continuing along said Northerly line South 87 Degrees 03 Minutes 30 Seconds West, 446.0 feet; thence South 02 Degrees 56 Minutes 30 Seconds East, 300.00 feet; thence North 87 Degrees 03 Minutes 30 Seconds East, 446.00 feet; thence North 02 Degrees 56 Minutes 30 Seconds West, 300.00 feet to the True Point of Beginning. 255 1 of 2 WHEN RECORDED RETURN TO SECRETARY, BOARD OF DIRECTORS OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OLIVENHAIN ROAD ENCINITAS, CA 92024 1996 - 0511031 08 —OCT -1996 G3c2�59 PN OFFICIAL RECORDS ,5 ;Z6)5 SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF• 481.00 FEES- 3,046.00 AF: 953.00 MFI 1.00 MISCr 1611.00 NOTICE OF ASSESSMENT Pursuant to the requirements of Section 3114 of the Streets and Highways Code of the State of California, the undersigned, SECRETARY of the legislative body of the OLIVENHAIN MUNICIPAL WATER DISTRICT, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a diagram and assessment were recorded in the Office of the Superintendent of Streets of said Water District, as provided for in said Section 3114, and relating to the following described real property: All that property lying within the boundaries of the Assessment District, as delineated upon an assessment diagram of said District entitled ASSESSMENT DISTRICT NO. 96 -1 (OMWD WATER STORAGE PROJECT ) filed in the office of the County Recorder of SAN DIEGO COUNTY on the B7Wday of 02B!52 , 1996, in Book, Page(s) 4 Z Document No. / 511 3O BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, Official Records of said County, and as shown on an assessment diagram recorded in the Office of the Superintendent of Streets of said District, and reference is hereby made to said Map for the description of the real property within said Assessment District. NOTICE IS FURTHER GIVEN that upon the recording of this Notice In the Office of the County Recorder, the several assessments assessed.on the lots, pieces and parcels shown on said filed Assessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Assessment Diagram and Assessment Roll recorded in the Office of the Superintendent of Streets for the amount of any final and confirmed assessments. Attached hereto Is a list indicating the names of the assessed owners, 27288.1 of the Government Code of the State of Califomia. DATED: C�j 2, . 1996. k���t'2 SECRETARY, OARD OF OLIVENHAIN MUNICIPAL STATE OF CALIFORNIA pursuant to Section A'�j ' 0 1999 L INEERING SERVICES I-AOF ENS" 1'41T' ; DIRECTORS WATER DISTRICT ** This single document is assigned two recording numbers to include the number of names attached in the current Recorders index. )B-OCT-19 ff TTU GWGW 911TRI auffy i RFC HGIOMM REQUESTED W AH1996-a ,910864 FILED MAP 011—OCT -1996 03 a 13 PM MAP NO. OWNER OR NAME OFFICIAL RECORDS ❑ PARCEL SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER ❑ RECORD OF SURVEY 1425 RF' 234.00 FEES* 240.00 MF: 1.00 ASSESSMENT ❑ STATE HIGHWAY ❑ MISCELLANEOUS z o 099 _. ❑ E. ;KING SERVICE _F FMITA � ASSESSMENT DISTRICT BOUNDARY ASSESSMENT DISTRICT DIAGRAM Q MAP NO. OWNER OR NAME FILE/PAGE NUMBER FEE 9� z o 099 _. E. ;KING SERVICE _F FMITA � i biWH ftftw c &y Clerk �J RECORDER COUNTY By Fonn 7 (Rev. 7J91) RECORDING REQUESTED BY goc� le _ <E(-Ijlnc<j�j il ❑ PARCEL D rl G cl RECORD OF SURVEY STATE HIGHWAY MISCELLANEOUS FILED MAP ASSESSMENT DISTRICT BOUNDARY ASSESSMENT DISTRICT DIAGRAM ,, a0C # 1996- 0446016 03 -SEP -1996 10 =49 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF: 15.00 FEES: 16.00 MF: 1.00 ASSESSMENT - -- ^y U[tTK ,RECORDER SAN DIEGO COUNTY Form 7 (Rev. 2/91) By. Deputy WNEM RECORDED, PLEASE RAIL THIS INSTRUMENT TO: J"l 170 37 3 5 5 2 6 8 City Clerk I City of Encinitas 1 f �:`;� "lS;�.•i•� I 535 Encinitas Blvd., Suite 100 1'�'•� Encinite s, CA 92024 I ,, 1 g( Al"! 2S LN E 26 NO TRANSFER TAX DUE 1 vVC10 t L1 Lf 1 SPACE ABOVE xe.CdRN�I1ll)6jONL Y—& EASEMENT FOR PUBLIC NIGMWAY Assessor's Parcel No. 255- 040 -14 PmJect:Olivenhain Rd/TM4579 -1 N.O. No. :112941 Parcel NO.:87- 0185 -A Log No.:225 -09 ERNA SETTERLUND, as Trustee of the Marital ERNA the NEstatedof'MaND rS Nell J. Set terlund hereinafter Called GRANTOR(S), do(st) hereby GRANT. CONVEY and DEDICATE to the City of Encinitas. State of California, hereinafter called GRANTEE, the right of way and Incidents thereto for public highway upon, over and across that certain real property In the City of Encinitas, State of California, described as follows: Parcel No. 87- 0185 -A (05- 12 -87) (ENG: URN: Po) The Northerly 61.00 feet of the Westerly 111.00 feet of tee Easterly 333.00 feet (measured along the North Tine) of that portion of Lot 12 of RANCHO LAS ENCINITAS. In the City of Encinitas, County of San Die". State of California , according to Map thereof No. 848, filed In the Office of the County Recorder of San Diego County, described as follows: COaanencing at the Northeasterly corner of said Lot 12; thence South 87003130" West, along the Northerly line thereof, 1213.52 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line, South 87003'30' Nest, 446.00 feet; thence South 02'56'30• East, 300.00 feet; thence North 87'03'30• East, 446.00 feet; thence North 02'56'30' West, 300.00 feet to the TRUE POINT OF BEGINNING. V9 J' 171 The GRANTOR hereby further grants to the GRANTEE the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right -of -way where regutred for the construction and maintenance of said Nlghway. RESERVING unto GRANTOR of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and /or drainage structures or portions thereof, opinion of the District Engineer of GRANTEE, the when in the written necessl ty therefore Is removed by substituting other protection, support and /or drainage facil Is first approved in writing by said Engineer(s). ity, Provided such substitution The GRANTOR hereby further grants to GRANTEE 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 such locations as said GRANTEE may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The GRANTOR, for himself, his successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the right -of -way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this J day of ig l' r L •,ie�rtlu.UlR). ruse L. Yi CC•. STATE OF County of Iss. 1 On 19 Rub c n n? or sa -to before me, the undersigned, a Notary fy an ate, personaTTy appeared mown 110 me a person the within instrument, and acknow a ge a ose name s scr e execu e e same. Nitaess NO, hand and official seal. go arY Wu c n an or sa oun y an a e This u to eertif jnter Mr 4 Ipr�rty conveyed by the foregoing deed or Brant to the ,if1 i a political co po.-. rr apo/or� governmental agency, is re y accept an the Board of Directors of said District authority of 01 said Bond adopted on March 20, 19 sendt to i ri consents to Resolution on by _.y s;rtfariu ±office:. Date JUN 2 1987 By - ew e°jaMaat Amara D ctOr lVsama w s acknowledges that --- --� " "� ovea6r,oeu uo the within instrune�ind 9 he _ executed the same as Trustee(sI and that said Trutt executed the same. WITNESS my and officta seal. Stgnatur r, IINW R Uro u a..eeoo caumr ame ype OT Pr n e 1 -_I J 1 �'� STATE OF c o/4Ji SS. County of 6A yle. o On _ S• L 4 19 � before me, tAe undersl ned, a Notary Public In and for tat oun y an f, {, personally appeared r7r.0 —I r ,t-_A� prowed to se on tLe bass of satisfactory evidence, to be the perso whose nom is -(are) sub crlbed to the within instrument and acknowledged that She— executed the same. WITNESS my a and off tai al. Signature ocs Lsru, M. W.- annoecocar. Name or me I(Acknowledgment """"� 1O.1p Trustee) STATE OF (AL"rNtd'4 ) County of SAddjtsp ) SS On pubTTc n an osa a e�perfonaTTy papeal before me. ttrhe r undersigned Notary 6RJA s s acknowledges that --- --� " "� ovea6r,oeu uo the within instrune�ind 9 he _ executed the same as Trustee(sI and that said Trutt executed the same. WITNESS my and officta seal. Stgnatur r, IINW R Uro u a..eeoo caumr ame ype OT Pr n e 1 -_I a 86 390249 761 1•• LoRf 4 114 OF l^IAL 91 NIW SAW DIEGO COIMI Y.CA SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSION N6 SEP -5 IN / 00 Please return to CLRTIPICATL Of CO>@LE�Op4,�,__ LAS'CO i MS A216 VCRA I'( R �COUw RCl EOC "San Dfequf to Reorganization" T Y to NO FEE Ref. NO. RMAS -e Pursuant to Ilovernhent Code Sections 51900 -I, thin Certificate is hereby issued by the Executive Officer of the Local Ager.cy formation Conuaiaslon of San Diego County. California. The naaz of arch city amt/or lie!riet Involved in this change of organi- meticn /.ra•�rgsnlYatiOn, all located within San Diego County, and the type of mange of organization for each such city and /or dlatrict is as fol icons: ..U.X V, D1 W.0 Tyre of Chenoe of organization City of Encinitas Incorporation. City of Carlsbad Annexation City of Carlsbad Detachment San Dieguito water District Subsidiary District Encinitas Sanitary District Subsidiary District Encinitas Fire Protection District Subsidiary District £nrinitsg Fire Prote^_tlnn n!- 7trlct -- Ratic :. RX919g � ery ;ce9�rfa9t�o. 83 1#s�t�€gbn A cer_i fed copy b t}�a reao1gtion.ordin2rce c_ er np his of or- oaui:acion /reoryanliation without an electron, or the resolution,/ordi- r.anc•i confirming an order for this �hrrga of cry ;:nizatlon /recrganlzaticn after corflrrtet`on by the vcter3 to attached hr:e•g nr.•? by reference in- cozporeted liereln. A lrogel description and map of the boundaries of the anove -cited change of orcaniaaLlon /reorganization 1: included in ■end ror.olution. :'he ru ras and conditions, if any, of the change of organ tzatlun /reorgani- eat�or, are indicAtad on the attached form. I bereoy certify that I have examined the above -e!itLd resolution/ordl- nence for a change of organ i eat tenireorgan.i zatlor, and have found that dcrument to be in compliance with the Commission'A resolution approving said charge oz! organization /reorganization. I further certify that, pursuant tc Government Code section 56842, the Co misolon has datarmtnod the aoount of property tax revenue to be ex- chtnged a.- na the affected egencles. JAJU P. MERRILL Date �- Executive Officer n I� �D p11!' ? � 1999 E J.. W., 00 136410 s - /M 4010910 G iet Lacgi &qwwW Fm mom aomwAssi°n MO pedik MONSOON - P90111 4S1 dw oz tea AMENDED Clm?I►ICATf PIS TEAMS An CONDITIOSi i1ND INDt{TEDNKSS a'a1e1@^ subloctl itan Diequito Reorganisation' r.pu. ww.. Incorporation) (ROAS -91 ji1P °o" raQuirad by the 1.oCll r...,.,.. a.. Cartaia term and conditions are to be fulfilled prior to the ee.^M" A.geney yorsution [omission of the abew -named change of organisation. a,r @.@.,.r completion c...e e..@., s1e" MARIA A. TISCARENO STENOGRAPHER r.rarw I (Title) ta,w Mme., tmaxwo ii er.r. erti lullytmt� terw and conditions lilted do hereby e.�a.k.,clwa been u &. nr,.'e. w 1 .W. w.'✓ 1. The boundaries @hall be aOAified to conform to "ended end@d *yaW„ ,t Exhibits S -D attached hereto. tw . town Exhibit A and w� IS~ 2, All terms and conditions listed in amended To..ibit „sons W. re.. er.La..,. ew0 attached hereto. Otw yr Lw4 Ow e..r.row.,.CwM Ir.y Alrn.r af.nMn M L aa,.wl D'wr• r.mw I." a,w,,. Cweiwr., tea, P. Mar cww noon., LAW" 41100ka cow. . elk r W Drt r r w., be taxed for any exist)ng bonded "'"" Kill the affected property cbligationT Yal x No , indebtedness dr contractual' a.,a,e »Omw If yes, specify. hall W. roe jf1, %• i u,ra r. con... +. ' Signature June 25. 1986 Data ti 1 (, 763 No. 6 WEDNESDAY, JUNE 25, 1986 WESOLUTION OF THE WARD OF SUPERVISORS COMFIWHIN5 ORDER OF REORGANIZATION (SAN DIEGUITO ILEORGANIZATIONI On notion of Supervisor Baail ey! seconded by Supervisor Bilbrav the following resolution is a opd ttd WHEREAS, pursuant to the District Reorganization Act of 1965, cnsnencing With Section SbUUO of the Government Code, and in particular Section 56195 of the Govarnment Code, application was made by resolution of the Encinitas Fire Protection District; and WHEREAS, on November 25, 1985, and as modified on December 2, 1985 and January 6, 1986, the Local Agency Formation Commission, as Resolution No. RO 85.9, adopted its "Resolution of the Local Agency Formation Cooalssion approving a Proposed Reorganization Consisting of the incorporation of the Community of San DleWito; annexation Of one offshore acre to the City of Carlsbad; detachment of 1,054 acres from the City of Carlsbad; establishment of the San Uieguito Water District, Encinitas Sanitary District, and the Encinitas Fire Protection District as subsidiary Ufstricts of the nw, city; annexation of territory (1,120 acres) to Encinitas Fire Protection District; dissolution of County Service Areas 9D, 34, 91, and 92 and detacnment from County Service Area 83' approving the proposed reorganization and authorizing the Board of Supervisors to initiate and conduct proceedings for the proposed reorganization In compliance with Rrsolutinn Nn, on AA.o enA n.er Uant to nov.r.,Mirr roAe Section 56430 at seq.; and WHEREAS, on January 8, 1986 (7), this Board adopted its resolution initiating proceedings for reorganization and setting a hearing on the matter for January Z9, 1986; and WHEREAS, at said hearing on January 29, 1986, this Board heard and received any oral or written protests against the reorganization, any request with respect to modification of Its terms and conditions, and any objections or evidence which were lade, presented or filed; NOW THEREFORE WHEREAS, this Board closed the hearing on January 29, 1986 and adopted Its 'RESOLUTION OF THE BOARD OF SUPERVISORS ORDERING REORGANIZATION INVOLVING THE INCORPDRA71OR OF THE CONHINITY OF SAN DIEGUITO SUBJECT TO CONFIRMATION OF VOTERS, CALLING ELECTION AND DIRECTING REGISTRAR OF VOTERS TO PUBLISH NOTICE OF ELECTION (SAN DIEGUITO REORGANIZATION)% and WHEREAS, on June 3, 1986, in election was field within the territory contained in the boundaries of the proposed City as described in Exhibit A, attached hereto, and within any territory described in Exhibits B, C, or D. attached hereto, which Is not included in the boundaries of Exhibit A, on the following question: N 4 ) 764 -2- 'Shall the order adopted on January 29, 1986, by the Board of Supervisors of the County of San Diego ordering a reorganization involving: (I) Incorporation of the community of San Ufegulto; (2) Annexation of territory to the City of Carlsbad; (3) Detachment of territory from the City of Carlsbad; (A) Reorganization of the San Diegulto Mater District, Encinitas Sanitary D lstrict, and Encinitas Fire Protection District, from independent districts to subsidiary districts of the new city; (S) Annexation of territory to the Encinitas Fire Protection District; (6) Detachment of territory from Canty Service Area 83 - San Diegulto Local Pare Maintenance; (7) Dissolution of County Service Areas 9D, 34, 91 and 92 and formation of municipal Improvement districts; ono !e1 ln, •Ct ^rdii Ct with the Stare rntitit,t1no0 rem,l r...nea, the establishment of amaximum appropriations limit for the new city of $13,320,925 for FY 1987 -88; be confirmed subject to the term and conditions specified In said order?' WHEREAS, on June 3, 1986, an election was held within the territory contained in the boundaries of the proposed City as described in Exhibit A, attached hereto, on the following Questions: 'Shall the now city be need': (vote for one) Encinitas O Rancho San Elljo �--- -y San Diegulto 'Shall markers of the city council in future elections be elected' (Vote for one) r� By District f --- -.y At Large in addition, voters shall cast ballots to fill the following elective offices: Members, City Council (vote for no more than five) I t i i s f i h 765 - 3 - AND WHEREAS, the Registrar of Voters canvassed the returns of said election and has certified the results of his canvass as follows: (A) TOTAL VOTES CAST: 13,595; YES: 9,439; N0: 4,156; (8) The majority of votes cast were for naming the city Encinitas; (C) TOTAL VOTES CAST: 12,364; BY DISTRICT: 4.548; AT LARGE: 7,816; (u) The following five candidates received the highest number of votes for the 01H ce of City Council: liarjorie Gaines (4 -year tern), Rick Shea (4 -year ternl,lierald Steel (2 -year term). Anne Omsted (2 -year term), Greg Luke (2 -Year term); NOW THEREFORE IT IS RESOLVED, ORDERED AND DETERMINED as follows: 1. A majority of the votes Cast at the election hold on June 3, 1986 on the question of confirmation of the voters of the order of this Board on the proposed San Dieguito Reorganization was in favor of such reorganization. Z. The order of this Board set forth in the 'Resolution of the Board of Supervisors Ordering Reorganization Involving the Incoporation of the Community of San W egulto Subject to Confirmation of Voters, Calling Election and Uirecting Registrar of Voters to Publish Notice of Election (San Olegutto Reorganization)', adopted by this Board of Supervisors on January 29. 1986, Is confirmed, as provided in Government Code Sections 58443 and Jb2b2. 3. The reorganization consists of the incorporation of a new city to be called Encinitas, having exterior boundaries as described in Exhibit A. attached hereto; annexation of territory to the City of Carlsbad, the exterior boundaries of whit" are described in Exhibit 8, attached hereto; detachment of territory, as described in Exhibit C attached hereto, from the City of Carlsbad; reorganization of the San Dieguito Water Uistrict, Encinitas Sanitary District, and Encinitas Fire Protection District, from independent districts to subsidtsry districts of the new city pursuant to the pfdVlildni or the District Reorganization Act of 1965 (G.C. 56403); annexation of territory to the Encinitas Fire Protection District, the exterior boundaries of which are described in Exhibit D, attached hereto; detachment of territory, as described In Exhloit A, attached hereto, from CSA Mo. 83 - San Dieyuito Local Park Maintenance; and dissolution of County Service Areas 91J, 34, 91 and 92 subject t0 the terms and conditions as stated in Exhibit E. attached herein. 4. The terms and conditions of the reorganization are contained in Exhibit E, attached hereto. S. Pursuant to Goverment Code Section 35262 and as specified to the tervS and Conditions of the reorganization attached as Exhibit £, the Board hereby declares that effective October 1, 1986, the territory described in Exhibit A. attached hereto is incorporated as a city named Encinitas. i sI I �ilrr� i 796 - 4 - council members Pursuant which is vadopted asda result of 35262 thp sthe hlghost electing r of votes is election at large, 1, Pursuant to Government Code Section 35262, Marjorie Gaines (4 -year term), Rick Shea (4 -year term),Gerild Steel (2 -year Cane), Anne Omsted (2 -year term) Greg Luke (2 -year term); are declared to be the members of the Encinitas City Council OOCAU ie they were the five Candidates who received the highest number of votes for the office of City Council. 8. Pursuant to he three Cade Section 35442, of the flue elected embers of the city Lau ncll, the three recelving the lowest number of votes shall hold office until the first succeeding general municipal election held in the city ccess highest untinumber l YVO esaShallehold office uelected and Second tSucceeding goner the municipal election held in the city and until their successors are elected rand qualified. If two or more members of the City Council are elected by the ear number of votes, the terms of each shall be determined by lot. The mRabars of the City Council elected to succeed the metbtrs elected at the Incorporation election shall hold office for four years from the Tuesday election, and until their successors are elected and qua Succeeding their il {ted, 9. Pursuant to Goverment Code Section 35402, the City of Encinitas shall - t'i -' y fvi LRQ iLyinaii Ii,Cuiiwti Gy Liry i,YW,iy Fur CUndYCting Ora Including notice of public hearing, Collin, end conducting the election. 10. Pursuant to Government Code Section (qua 51902.5, the State Board lltation fees snail be deferred until such of Its first revenues, base that the new City receives IT IS FURTHER ORDERED that the Clerk o' this Board Immediately transmit a certified copy of this resolution to the Executive Office of the Local Agency Formation Comeeission of San Diego County, so that the Executive Officer may take Lhe actions required by Chapter 8 (commsencing with Sec, S60po), part I, Title 6, by Chapter 8 (commencing wi on th Sec. 54900), part 1, U1vISIon 2, 5, U1visl Title 5, and by Lhapter 4 (conmencing with Sec. 35350), part 2, Title 4, of the Goverment Code. Division 2, APP=7n I :17IbeY lea ILGALlft 1 o rez -S- PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of California, this 25th day of June, 1986, by the folloving vote. AYES: Supervisors Bilbray, Bailey, Galding, William, and Eckert NOES: Supervisors None ABSENT: Supervisors None STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO i, KATHRYN A. NELSON, Clerk of [hw Board of Supervl•ore of the County of San Diego, gState of California, hw reby certify that I hove adopted the Diego' copy with the original resolution passad and adopted b9 as id Board, at a regular meeting thereof, at the ttr..c and by office Le as stated, which original resolution 18 now on file in ay that the same contains a full, true and correct transcript [herefrons and of the whole thereof. Witness my hand and the jell of said Board of Supervisors, this ftr��day of June, 1986 (6) NATIIRYN A. NELSON Clerk of the Boa 71Lpff the of SS pervisora (SEAL) BY Ra r1a A, TI raren� pu y 1 W is , A085-9 'San Diegurto eecrgan4at:6r'8 8 7.4optoe 1: /'5/35 Mloneed 716/96 All that territory in the County of San Dfe9o, State of California, lying within the following described boundariese Beginning at the Southwest corner of Solana Palisades, Map No. 2560 on file in the office of the County Recorder of said San Diego County, April 26, 1949, said Soutbwest corner also being • point on the westerly prolongation of the centerline of Ocean Street a■ shown on said Map No. 2560; I. Thence along the following courses and distances according to said Nap No. 2560, North 34.20' west 165.14 feet; North 16'58' West 146.42 feet; North 60.36' west 67.32 feet; North 5.38'30 - East 53.04 feet; North 3.28'45- West, 137.27 feet; East ,05 .45 f North 67.02' met; North 54.31' East 84.76 feet; North 65036' East 139.35 feet, North 43.01139• East 97.20 feet, North 34.56' East 56.11 feet and South 66029110- East 42.16 lest to the Southwesterly right -ofway line of State Highway No. 101, District eS, San Di 101, County, Route 2, Seet'_In A, Map on file in the Office o! the State Division of Highways in Said County; 2. Thence North 55.16' Eaat i. a straight line to the Northeasterly right -of -vay line of said State Bighway 101; 3. Thence Northwesterly along said Nortbeasterly right-of-way line to the intersection with a line bearing South 43.041219 Nest 477.72 feet (Deed) from a point on the Westerly line of the 200 foot right- af-vay of the Atchison, Topeka and Santa 1P Railway Company distant thereon 1625.00 feet Southerly from the intersection of said westerly line and the northerly line of Section 34; Township 13 South, Range 4 Nest, San Bernardino Use and Bezdiaa, according to United States GOvIrnment Survey; 4. Thence North 43.04'21' East 477.72 fast to the Westerly line of the 200 loot rigbt -af -way of said Atchison, Topeka and Santa Pe Hallway Company; 5. Thence Southerly along said westerly line to a line bearing North 83. 443500 west from the Northwest corner of Lot 29 of Seatclght Acres, Nap No. 2373 on file in the Office of the County Recorder of said San Diego County, Decembar 10, 1946; 6. Thence South 83.44'50' East to said Northwest corner of Lot 29; EK3 :BIT 'A" Page 1 of 15 t! 769 -fft 7. Thence along the following Courses and distances according to I` Map No. 3 'East114.91 South 63-44-50- East feet and Worth3•50? 3 feet; North feet; B. Thence North 89.40130• Nest 20.46 feed West 72.78 9. North to the b of 3oon00ofeet; 30. Thence Northerly along said curve through a central angle of 30'00'00• ae arc distance of 104.72 reed 11. Thence tangent to said curve North 26'091301 East 55.00 feet to the beginning of a tangent Curve concave Southerly having a radius of 150.00 feet, 12. Thence Easterly alng said curve through a central angle of 95'27150' an arc distance of 249.92 feet, 13. Thence tangent to said curve South 58.22140• East 147.00 feet to of e1 beginning Of a tangent curve concave westerly having a radius 14. Thence Southerly along said curve through a central angle of 45.00'00• an arc distance of 117.81 feet to the Northwesterly corner of land conveyed to Ex Jim' Matsumoto, at al by lead recorded August 16, 1955, in Book 5756, Page 277 of official records in the Office of the County Recorder of said San Diego County, said corner being in the intersect'" of the San Diego line of the Southwest quarter of the Northwest quarter of Section 35, said Township and Range, with the centerline of said Nice Avenue (R.S, 979); No Cni,rsaa 15, 16 L 17 18. Tbance Easterly along said Northerly line to the Northeast corner of the Southwest quarter of the Northwest quarter of said Section 351 19. Thence South 8.9-29, Cast along the Northerly line of the Southeast quarter a! the Northwest quarter of said Section 35 to the Northeast corner thereof, as shown on Licensed Surveyors yap No. 375, May 1929, 20, Thence South 89.28'50• East 666.6 (Rec' South 89.29' East L.S. 375) . fast along the Northerly line of the No rthwese quarter of the Southwest quarter of*tbe Northeast quart to the Northeast corner thereof, or of said Section 35 21. Thence South Eaat along the Easterly line of said Northwest quarter of the a Scu cuthwest quarter of the Northeast quarter, 176 24 feet according to Record of Survey Map No. 3749 on file in the Office of the County Recorder of said San Diego County, October 18, 19551 EXIIIBIT "a" Pace 2 0! Is �� J Roes -9 770 _ 12. Thence along the following couzaes and distanen a Shaun on i Gl tncrtat On [t Ho. 2 yap No. 3562 on file In t County Recorder of said San Diego Count he Office of the 1 South 31 58 00 Last 201.]9 fete, Southy6;DS3embor 13, 1956, feet and South 35.53'24• Last 1000.0 tees, Last 328.34 23. Thence South 83.19103• Last 78.13 feet to the Westerly right -of- way line of California State Highway 5 XI- SD -2A, yap on file in the Olflce of the State Division of Highways is said County, 24. Thence generally in Northerly and Northwesterly direction along said Westerly right -of -wsy line the following courses and d3ataneese North 16076'37• West 65,01 feet; North 22.14'09- West 362-66 100.12 feet, North 12.53116' 45.23'14' West 195.15 is- 367,18 feet; North North SB •23'03• toot; et; N 15.08'57• West 394.59 feet; North 35-12,o3- Last 50.0 left, North 16.41'31• West 245.94 feet; Hest 12p.21 feet and North 53.42'39• West 236.30 feet; 25. Thence Northeasterly In a straight line to a point on the West line of the Northeast quarter of the Northeast quarter of said Section 3S, distant tbereon South 0.42'26• West 113.12 feet from the Northwest corner of acid Northeast quartar of the Northeast quarter; j 26. Thence North 0 °42'26• Last 113.12 feet to Said Northwest corner; l 27. Thence South 66.51'11• Last 1317.45 feet along the Northerly line of said Section 35 to the Northwest corner of Section 36, said Township and Range as shown on Record of Survey Nap No. 6692 on file in the 0fflce of the County Recorder of said San Diego County, June 15, 19661 28. Thence South 89.50'56` Last 2636.21 feet along the Northerly line of Said Section 36 to the North quarter corner thereof according to said Record of Survey So. 6692, 29. the South 6quarte2` Last 496.06 feet along the Nor line of the Noct36; quarter of the Northeast quarter of said Sac" 36, 30. Thence South 01. 01'06" West, 658.77 feet; 31. Thence South 69.48108" East, 330,60 feet; 32. Thence North 01.01'06" Last, 658.95 feet; 33. Thence South 89.50'02• Last along said North line 191.10 feet to e So Southeast quarter of the Southeast qutharter uthwest corner of the of Section 25 aid Township and Range; EXHICIT "A• Pace 3 of 15 .' tri'i. \ ,.hV y tdw��LJ�...�-� t tb. Ivt . get m reel property c bl th. f.,virie -' , or Brest b lM ` DSege: g, corpontlon b h,:rh1 ecetrrW H order of the ➢aard - ?IYewi weed of S.. c . e .,it County eeYPISIOM>rdetbe tbu.o[ 7eVtMatfa'd S.}ANE- . Caaet (CFk� dez.effkw,3,v, Boot a(sop HY tae 4n[ f:V itM tYYd'D eat eEWep.e .� AW m1MY LGh dil [� .o0 cuitorr 9AV[vCA zr o � APPROVED EunEU taJ:Y•E'!!' 6° �(Q$� 1E000Ots KJ"M OL auG �0 1961 Como hors M s"WA n a o eck. m.... Ser 7 Il oe A , H, It, Al 1•, re p4 Hl: r 11 SCt•ac Mgr d soit L. ,Qkn., Easement for.' oontp Hiq Reed Dervel ea, l57 {. \r rc.l -tine. end Ll stay rt of en owner of We htnlnaRer dwribed rude, ( aed "P _d 'j.1n�Eand 'D ld b1 the County of Sen DIrE . State of Celli..,., or oe dL be�ebl eckvowirdgrd, and the beveflu to.serve to.. ..et._ by rtae0ft of the lastbe ihnea by the County of San Itlego, Suit of C iTorni., of a public blEh. e, urxm, over end errey red __..I do __ b.,b, el,u.f, . .ey _ . _ _._._e pprolal of ud caa.tvt w -': fae+tioo. eetabliebmro[ and coa�ruotfoo of ..rh blgl,..y th" tad. f presuu hereby nut mv.ny end dedicate to the County of r Dre -- _ -. do_. "' the right of way end Inddevie the"e for .¢h public hl bw. ro. State of Cellfon(S <refaafl descrfhd, I M D e 1 upon, tiler end uro.e th.n1d.. e+e 1 [tad bein[ In the Cau[y o; San Diego, Suts of C.lifornie, ud pe g- kxrfbM'u lollowe, lo-wit: _ t 0 -b[12 of Hancbo 1es[oc le Lcas, accordlog co Map [here >f d, L'1 }e •'County Retarder of .,fit. dc. r'ned In decd. ro SL>de s,ru, dep e>< gecordcd Augmt 9, 1261 e• Do<ueab :W. llbt62 sod 90, iIM. v Office of the Cwvcy Re...dee :•1 1 61 of OfflCta 1!?s.(dt of Che faliwl.g de.crlbd'�evc<rl l lne :e .tr 1p >I LM Lay [n[ vldr J o1nL``an the south [loe,af� Seccfon 2, T.11 5 N.v V.', 5-3-21-66 B.,dl [=aag a 7p''6. (Rr<oce 1.83 48 3D "¢.b 47 [.29 feet fry tlm SA turner of igtm Gig be pig on a curve concave ue.cerly,; the cenc.r of >.:d Corot' r fort from .aid pole[, .Ld curve br(ng 1n for ceoc er. aeeenc to Cowry of wa Dledo for xo.d survey So: .bff lc tsl xeaorde olsale Cdunry; rherce •lmg s•Id'< " d - /dGrve through a c..,cre [en8 [r of O'2d'cu" a du[ u "{v0 H.1.04'E. /22,41'Lercq,benra IClV lug 9"[. dtiii tAli ;[o the Tgll¢ PoIHr Dl: -EfGIMIMC -rheas S.a :'16• ;roC CUrva'co the 'fEh4. bering -. redlue of :CO feet-, c CbrouRh a central engle'u C -22' • df.tenca of 42.12 fee,; . j? JLis 199.61 free Co the beglnning of a tangeoc ILrvn ro Cy a.[p.cLcnce you the..terly aovg eetd curve [brcag6 e`cen[ra li h!e of 433.22 fret; thencd tnngret to :old curve S.82.5x'f4 ^E e d( a Wngent cu to the Itft Imving . radius of 890 feet.. '( �.5elluou86 a ceocrei ungl e,If 5'Y:'J4" a dye —c of 63.86 teat` tNa ads bve 11.06.56'3o "E. 3246.2? feet co Eogtneer'e a "taclod 21`11.39 f a.E;;gneed, y 454A e�yplac of -11th is on fit. in tbe,ofl lc ` O y,O s.. . YY'- ghereu— -'� In en joule ibad i. M 4 of off!, 1a1 gecor•la uE Nld CoYOtri -� —i3 Yt a('r: Far the romderatioa named herein we hereby Fat to the County of San Diego the p f t ega end nR't b osnJ drains id ,",U Vote ud eseentlon sad embankment nl^pe+' beyond the limitr of the herein J amibed right of way w►arR required for the eoartrndion and muntmance of rid wall- •111 tidm for rom. We amid grutor . do henhy And. - -- - edabtiahment mad [oaNVdiar of amiA high- And tm an7 ro y d", ,1 t on scout of the locdion, tb. IF ^win[ wRlt a� hereby grant o the County at Su Diego. Slate o[ Call(orah, d1 trraL =f f.1 or nrrrr.rl gw the may hereefter gro" and rat muchd ln[ md.rieb witM1i, rid may of way together with the debt to Oo the meme m much munoer Uoo ud maintenance of rid 6h may. aY deem Drope4 a °is fu [oaatrucli.m yaamalruc 1 nce - basa- 'd gpt_ tale f-+g�x av +t — " -' _ - (MAW + °f MAL) Y an P 4%EAM _.._. ran W CALPaWumI I. ,man', M 1w Pea. b N vale 19? I . 41e'r .r. a . IAwll Sltn _ roe at -- Jnrn Y.awO✓ p, 11Ya..__.. -. (pet 4wMM rdlMe. rpewr Cana N e- oflgua CM • r1Y Smwlw - pwro•e�lrelwad,.-- --._•. Jw w+yYMaiald bnn•.nwn wY+ ' proem ly Y.ow. b w M ar N rrna eerar d4'ra:J wJ M '. �Y p a MOM�.b'rb e Iaedw b aY lead Cv.+r M dSwle rG.4 .1.. M +d �aY• f m bMa �iYalrrnle. eb N a.n.b ay.� onene ..*I M /I,wr. aYn led .r�rr .d.e[+R +••:: 1 _ e Nnymm gvdatd elhrd M lei el We G.r1 Y b leer p9 ^f. 1 tw Frnv�ro M mr e� dye r.xr• . Lam 1114. w• ale w•d rd M a.' C.•Mw.Y w angle b ale Cle ar a 5 J �1 ••__- - -ale.. .Y rlYe�w /pl/p1 0. f w T � a N � ray e Ci uLL K om ��• �v w1+ RIOORa[R — ,Oa Wlo ram sow p ?PROVED AUG 90 1901 �a,- Ca W.•..aa. Apa^taa x514 Wool MFVrr A '�.r•t tv.,.y tnr.0 AND CO W" tOWrt[t gltGruf +'��•. p,.p [ol[ at Siartiraa SE? C6'u tF� [0 YU N11", For the couideratiaa named herein we hereby grant to the County of San Diega the pri• liege ud right e', to extend drainer, eIfucturam and ..untie^ acd embankment ^lope,, beyond the limibt of the horn^ do- scribed right of way where nanired for the co atruction and mamb nAuct of mid County Illahw'q. e_a ] .. , the ,.rid grantor , do hereby w.irr all elaim I., r.m rq V 01 TIIL LMUu q_ tae cDVrrr 511 AN APPROVED n�� %a a.1 :rt.,... .- — Q'= afC YWa� M iMNrYe !b la Por the coluider.tion named herein we hereby grant b the County of Stn Dirgn the pririlrge and right to tstrnd draiaaga ttr+cturea and e ..... trun and cmba Okrmt alopea beyond the limik of the herein Je- scribed right of wq where required for the coMnation and mainlenaru< of said t'ounty Ilianway. And _.__.._ .. _._. .. the sod molar , do bereb, wore dl claim for cone pemtlio. fag any a" a0 damages on account of the IoraCon, establialue, t and ....truetlan of said high. say and do - barely, grant W the County of San Diego, Slate of Cstifcrnis, all trees, V., tM W..uc or that m., henafter grow) end ... dbuildin, malmals within wd right of O.Y. together with the dab, to Our the ssnw in such manner and at such locations as said (mites may dram proper, needful or orreaasv in the constraetlon. morrtruetion and .mate osed, of said highway. its WITNP34 WIiExwr f Insus _.... -- . . _ .. _ _............_ _. ._.._......._.. ...._ .. .... ....... ... ....... .... .. ..... .�'._ _ ... .._.. ._.. ba ant- my, hum and r a vsha -' S (INf NA/ L� ) "Ld 19EAL1 _q ptgment (SEAL) _ An akv+lhbg wNiva __.._.___.._... _._._. _... _. ISBAW STATE,Ar CALIrORMA, l .. _.. _ _... _.._.._ _._._ _.__ (REAL) County of San Dke. g J _._ .___ ._ ._ . _. JSRALI tln this -t ..- day of ._ _. —_ _. _ he the year 19__ before me, IL 11. JA360L County Cleric aid v<fCrio Clerk of the 8aparme Cpart band for said Covb wkkb to a eaviif fo ra 1 .rtt jI. 1 1 a It hayug rt . - i ,, koo.e yivt�M eta' - 14.1ibea in �d r.h�aa fua +IYrnib1i haw TOO. gzw ; t used the Yoned hhft.f, 11h and vkoawlect m to at had _ a ..twl am isel. In Wllgesa Wh \noL 1 / /kave bercYnto set ay kaod had affigN the all et asaa Caurl rot my of[lae L 'be County of Sao Dleg.� he ay and yearn this Certificate find s writba� V I R. M JA F� County Cl� eXoffieb 6l rk of the Superior Court ^Ain u to certify that lire intre,d w real property a y the fonAOiag deed or grant to the County of Stn Diego, a pobtic&I cnrpontlon, u hereby accepted by Order of the Board of Superviawn en c - and said Countv consents b rec+ rdal. ko thereof by Its du:y autlwrlerd Ofrww. N ' l , R. R. ]A61M County Clrk and etofflcio Clark of the Board u! Supervlecn By .. - - %t_ .<_Et'.!f .__._._. __ _.. -. . Deputy rat sacs( a r,.t InrAo T � °o �T C7 NW o =.1 � o LLLL t FOR .tcaopa. AND O y m L ilt .0MfT RA M"(xt (APPROVED A 3 08 0 1 9111J6 1�1 �,X.�/yCaLL to svws•Oa. ca.sw Annll ^stn at to.CaW Menlr A, p.14 iL-11 r....., � dW OLL _ Z � � 5 q_ tae cDVrrr 511 AN APPROVED n�� %a a.1 :rt.,... .- — Q'= afC YWa� M iMNrYe !b la Por the coluider.tion named herein we hereby grant b the County of Stn Dirgn the pririlrge and right to tstrnd draiaaga ttr+cturea and e ..... trun and cmba Okrmt alopea beyond the limik of the herein Je- scribed right of wq where required for the coMnation and mainlenaru< of said t'ounty Ilianway. And _.__.._ .. _._. .. the sod molar , do bereb, wore dl claim for cone pemtlio. fag any a" a0 damages on account of the IoraCon, establialue, t and ....truetlan of said high. say and do - barely, grant W the County of San Diego, Slate of Cstifcrnis, all trees, V., tM W..uc or that m., henafter grow) end ... dbuildin, malmals within wd right of O.Y. together with the dab, to Our the ssnw in such manner and at such locations as said (mites may dram proper, needful or orreaasv in the constraetlon. morrtruetion and .mate osed, of said highway. its WITNP34 WIiExwr f Insus _.... -- . . _ .. _ _............_ _. ._.._......._.. ...._ .. .... ....... ... ....... .... .. ..... .�'._ _ ... .._.. ._.. ba ant- my, hum and r a vsha -' S (INf NA/ L� ) "Ld 19EAL1 _q ptgment (SEAL) _ An akv+lhbg wNiva __.._.___.._... _._._. _... _. ISBAW STATE,Ar CALIrORMA, l .. _.. _ _... _.._.._ _._._ _.__ (REAL) County of San Dke. g J _._ .___ ._ ._ . _. JSRALI tln this -t ..- day of ._ _. —_ _. _ he the year 19__ before me, IL 11. JA360L County Cleric aid v<fCrio Clerk of the 8aparme Cpart band for said Covb wkkb to a eaviif fo ra 1 .rtt jI. 1 1 a It hayug rt . - i ,, koo.e yivt�M eta' - 14.1ibea in �d r.h�aa fua +IYrnib1i haw TOO. gzw ; t used the Yoned hhft.f, 11h and vkoawlect m to at had _ a ..twl am isel. In Wllgesa Wh \noL 1 / /kave bercYnto set ay kaod had affigN the all et asaa Caurl rot my of[lae L 'be County of Sao Dleg.� he ay and yearn this Certificate find s writba� V I R. M JA F� County Cl� eXoffieb 6l rk of the Superior Court ^Ain u to certify that lire intre,d w real property a y the fonAOiag deed or grant to the County of Stn Diego, a pobtic&I cnrpontlon, u hereby accepted by Order of the Board of Superviawn en c - and said Countv consents b rec+ rdal. ko thereof by Its du:y autlwrlerd Ofrww. N ' l , R. R. ]A61M County Clrk and etofflcio Clark of the Board u! Supervlecn By .. - - %t_ .<_Et'.!f .__._._. __ _.. -. . Deputy rat sacs( a r,.t InrAo T � °o �T C7 NW o =.1 � o LLLL t FOR .tcaopa. AND O y m L ilt .0MfT RA M"(xt (APPROVED A 3 08 0 1 9111J6 1�1 �,X.�/yCaLL to svws•Oa. ca.sw Annll ^stn at to.CaW Menlr A, p.14 iL-11 r....., ylUfRaf SRI JC/: jl� 1 aEt9g2[0 at MIT M 4Nb Wld M fsgsrsL'lrs SEr 7 flOtt!t'nl S:v .o Easement for County Highway Road Survey Mo• 163L Parcel 01228 aM 61228 -A Raw All Mao by Tboao Prwwnla:. 1 LMA 871�1(IFDER, single wean Yp; r , RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO NAME Ipirouz & Azita Etemad 1 STREET ADDRESS 13445 Mango Dr. CITY Delmar,CA 92014 STATE ZIP L J GRAggNtE�TN. DEED ASSESSORW RCEL% 255- 221 -01 TITLE ORDER NO ESCROW NO TRA: THIS SPACE FOR RECORDER'S USE ONLY The undersigned Grantor(s) declare(s) that the DOCUMENTARY TRANSFER TAX IS: s County, S City computed on the full value of the interest of property conveyed, or computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale OR transfer is exempt from tax for the following reason: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Grantor /Seller Robert G. and M.A. Lennick hereby GRANT(S) to Pirouz Etemad and Azita B. Etemad, husband and wife Grantee /Buyer as joint tenants all that real property situated in the City of Encinitas, (name of city or unincorporated area) .County of San Diego, State of California. described as AN EASEMENT for private drainage along with the right to connect to an existing drainage facility within Lot 27, Map No. 11921, more particularly described on EXHIBIT "A" attached. Dated STATE OF CALIFORNIA ss COUNTY OF On before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persori whose namels) isiare subscribed to the within instrument, and acknowledged to me that he /shc / they executed the same in hisiheritheir authc',zed capacityliesl, 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 Signature MAIL TAX STATEMENTS TO Robert G. Lennick M.A. Lennic ` DEG 2 1 (This area for official notary seal) NAME ADDRESS CITY. STATE & ZIP crc 1002 THIS FORM IS FURNISHED COURTESY OF CALIFORNIA TITLE COMPANY EXHIBIT "A" AN EASEMENT for private drainage along with the right to install and connect a private drainage line and connect to the existing drainage facility within the east 10 feet of the north 10 feet of Lot 27, Map No. 11921 as recorded in the Office of the County Recorder of San Diego County. Said easement shall be appurtenant to and for the benefit of the westerly 111.00 feet of the Easterly 333.00 feet (measured along the North line) of that portion of Lot 12 of Rancho 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, June 27, 1898, described as follows: Beginning at the Northeast corner of said Lot 12, thence South 870 03'30" West, 1213.52 feet along the Northerly line of said Lot 12 to the TRUE POINT OF BEGINNING; thence continuing along said northerly line South 87003130" West, 446.00 feet; thence South 02056130" East, 300.00 feet; thence North 87003'30" East, 446.00 feet; thence North 02056130" West, 300.00 feet to the TRUE POINT OF BEGINNING. �t M T 1 I i. I � a w/ /r i} 1 Y 7- w.v.v ... Cdr• ..r ..... ....w ......... I'Nwn'O �r~ 5 U8 Of A Poerion/ of zor iz .Ir.<wcNn LI! ANC /N /Ji1 -At10 AFB t - —�P -�ij i rr��11, 2 0 I99g t_ 1:. G sf nRVrF t.CialtA`�_ .w.w•.v'•i i�l.�ii :..... LL Y_. � u•vw . •i: r � ♦ /2 POO J As \ 5 U8 Of A Poerion/ of zor iz .Ir.<wcNn LI! ANC /N /Ji1 -At10 AFB t - —�P -�ij i rr��11, 2 0 I99g t_ 1:. G sf nRVrF t.CialtA`�_ .w.w•.v'•i i�l.�ii :..... LL Y_. � u•vw . •i: T JUN }42XI HRG ENGINEERING 13445 Mango drive Del Mar, CA 92014 (858) 509 -0902 Client: Mr. Mike Atefi COST CALCULATIONS For: 5768 -G Additional Retaining wall Located @ 1735 Olivenhain Road Encinitas, Ca 92024 (Page one of Twp°re) x`103 � STATE Of Q, WET SIGNATURE DATE: May 9, 2001 New Tf c� eoSED s14S --G r4ff K j N I NG- %Vk LL ,C'd sTg-z'8 . oo L F- L-F- wc- iH =►10' C.45T liaK25zl*3080 -00 Fb . 2 of -, Co nTi Yn 5 e,ti.ca- . to %o Tol'hL . COA l� -,_ 3oBox 3388_ o oa I C I V I L 3534 University Avenue 7X71 =i FES San Diego, CA. 92104 .pQioF.ES S !OMB Telephone: (619) 282 -2767 WONG � EA l •Fyc Facsimile: (619) 282 -6723 ENGINEERS No. C04J74 December 10, 1999 * Exp. 3.31. of * i Job No. 598 -A '•.CIVIL .•'P Shvei l o.{ 7 Revised Hydrology Calculations CAUF� TPM 97 -281 Olivenhain Road east of Amargo Drive Encinitas. CA. The proposed project involves a three (3) parcels development. Three residential building sites will be located on the west side of the subject site. A proposed asphalt driveway and retaining wall will be located along the east property line. The subject site has an area of 0.61 acres. A day -care center occupies the the lot to the west of the subject site. An existing retaining wall /fence is located along the common property line between the subject site and the day -care center. The north side of the subject site is bound by an asphalt paved street ( Olivenhain Road) and asphalt berm. The area to the west of the subject site is occupied by a single family residence. The area to the south of the subject site is occupied by a development of S.F.R's. The pre - development storm run -off from both the subject site and the lot to east drain to the south and is captured by an existing concrete brow ditch (D -75), see Hydrology Map. The brow ditch is located adjacent to the south property line and slopes to the east. The flow in the brow ditch drains into a catch basin. The catch basin is attached to a 15 inch diameter A.C. drain pipe. This drain pipe flows out of a curb outlet located on Willowhaven Road. The runoff then flows east in an existing gutter which slope at 0.6 %. The runoff then enters a curb inlet. The curb inlet is attached to a 18" A.C. drain pipe which runs in a southerly direction. The 18" A.C. drain pipe is connected to a 42" drain pipe which also runs in a southerly direction. The out flow from the 42" pipe is dissipated by rip -rap before entering an existing drainage channel. Drainage of the developed site involves draining the runoff from each parcel towards the flow -line of the proposed driveway. The drive way slopes to the south. Flow captured from the driveway will drain into a No.3 Inlet drain box with a metal grate. A 6 inch diameter PVC pipe (with a minimum slope of 4 %) takes the flow from the inlet box to the flow line of the brow ditch located adjacent to the south property line of the subject site. The rational method was used to calculate 100 year storm flow. Developing the subject site from rural to residential use increases the storm flow by only 0.2 cfs. The on -site 100 year storm pre - development flow is 1.0 cfs, while post - development flow will be 1.2 cfs. The pre - development flow in the existing brow ditch for the 1.4 acre drainage basin is 2.2 cfs, while post - development flow will be 2.4 cfs. The capacity of the brow ditch was determined to be 22.2 cfs. The capacity of the existing drainage facilities ranged from 21.2 to 102 cfs. A tributary analysis was not done since the 0.2 cfs increase in storm flow would not overload and of the existing drainage facilities. DEC 'L 1 1999 C I V I I 3534 University Avenue San Diego, CA, 92104 Telephone: (619) 282 -2767 Facsimile: (619) 282 -6723 ENGINEERS lob No. hgS•A Dale 12 -10 -9q Sheet 2 of ._Z_ Les n Re{'erenc Pas : /, ;Drcri�7a� N A'S cjrl /- 7ai)tlWl 2 , l i ro9 s l/a„el boo x o ye raH / icS C76 oh- sife Dral,la-�c_: Arecl = (I//x239) = 26,530sf z 0.6/ Ac. 4/f= (/36-//6' =20 L =209 Soil k % _ /.0 min. (Use 7c = l0 min,) L(/pay r) = 3.5'Ar (Raln47// h/fc113ih/ 05- D,Co,) Q = C 4 A. Pre- deve10,0&enf S�,qrni Flow: Aar + Q,, = 0, 445 x ,L S X 0, 6! = /. O c f's 6. Pos t- of evelo�h7Pnf S forsii flow ; Si,rf /e Fa +�i ly Uriw,i� C--a'55 - 0•SSx3,5x 0.6/ a /,2 cfs /00 - C. /acrase ivy /OOrr. Sfor)t, Flow doe /y devel pment. f Ca /ch basip 0 brovased etid of lr)vewa , i) 0 6 �115S140)e 25%a bloc A- a w %fh 0.5�f. head C < 0.6 a(A77•«�b•aFtG -h �/� 0,75 /zx 2.zxa. '/z x ) =1- -�� - -i 0,38 r 0,75 2.08 C�'5 > P1i., Cok3 LL 6A OgNo ,� o { %y „� PI/C drat„ bioe�Getih lAasi�� to eXisfi�!J 6raw d i /c Li] . .5 / shy ii3 = O,ov-5CuSe0,0i) r)= 0.0/0 d =6" a�41rAw) = 3534 University Avenue San Diego, GA. 92104 Telephone: (619) 282 -2767 Facsimile: (619) 282 -6723 ENGINEERS Job No. 5413-A Date 12- to- I q Sheet 3 of 2. Orr -s ;fe rai•na e- of local dr,?wq �e bas %nr pr'ainucJe /9 = tll /r239,t 33,9x3099- (2B,9 NlD' >= 608005,{ ,614 = (137 - /o9, = 29'J Z- = 25D ±' J = 3,5 %hr: a , Pre - d v✓e to -pmen t Sforrn Flow (loo yn) ✓ Rura I a5ej C = o. 05, ioo - (0- V 5-x 3, 5 x /, 4L) = 2, 2 c Ps 6. <-ol✓e /uPnr °ter f Sforr +t F /ow f- ,1OOvr./ S;fe A = 0,6 Acrer / (j F{ -S;/c A = a 8 4c!-eC3, /�UYa/ GlSC� C O,y$� sink /e '�AV) ;l� Clrhgn ur�x•G =O,SS Q(roo) = �O. SSx3 .Sxp.(,)*(0,y5'x3,Sx0•g) =2.!{ cPs c, C h e c K eI(I's brow al%fc6i(0 -75)(v r p05t- de✓e lop Wenf Storm {flow- 3'w +'de x l2 "deep, S Cs lop e = 0.0 3 (min,)) S /a = 0+ / 7� rI = d, 0 / 7 A,/s, bitch) = 2.2 a�J wp = 3, 9'� r °(WP� = 0,56 1.486 '!3 V2. �� 0(cw,c,.i) = n r S A - z 2_ z _ c fs _ » �� +oo) Cok), d• _C_ hec /< exist, J5 "A,e, pipe for post do✓e/oprreat Sforrn Flow S = O. Of (mill) n = 0. 0 r3 c 2(7x6 rr/ K"�� N + +dbroK7 Q(chorlc+r� \ Z ) = 6.Scfs >6000 C��J� 7' /e6 -2 J V d ! l'c ade9A e✓e(ubMtOIi /S O, 2 c -'s CO k) �X chHtcrrr � z F, (f a P a ;f o e)e ;r. 42 /CP' i G?Cut�+1 r] _\ 2 _ /0 2 » Q a = 0.Z c -rs (o 'k K; n is (l an d 4,o /c 7a Ue- 6 - 2 , i :SS:f J Uuivutwip Avvutm. S.0 p, L.A. 92104 t TOCIA Mro 1619 1282 -2767 La: 161912112 -672:1 GRA DI N & LAYOUT 3N/ir4 _ I b, I ti I ti �l ty 11tl l I1 i� �IF 1�i 0 Itdt Nt,. 5y -N Date y - 27 -15 Sheet iLiul a., s 1�t?'7 t /M1L 6 `thIle r'A � Y 4 FOP ti �Qy r 15 /4.r V r 6f79!(p 70 $now o1rctf i h EQL//Wr/04/ r Fcc/ re ( 119L -► ) •9BS .. SODO Tc + Time o! conccnfiafion \y> 5 e 7 1000 Lcngfh of.wafe�rhrd H • Di /1r�ence iii a /evalibn a /ong J000 e1 /ceiirc S /ooc line tSce fppcjwlaY•BI J. 1 • � C .Hi/LJ Fe of Nouis M.nvfcs 1000 4 jGz >�ii 1 3 /BO • /000 /0 900 Boo 1 ' 120 740 ' Loo \ 100 SOO \ \ S 90 4 60 . \ so 700 \ z GO \ 30 loo j / Jazz as_— 50 S 1000 \ A; \ /a t0 ?000 \ /2 �D /6GO 1O 1d00 0 � NOTE 1200 g - - - - - 10 ADD TEN MINUTES TO /000 7 COMPUTED TIME OF CON - I C l:TRATICN. 900 1 i-- = = = � —� 700 51 ' 600 S - - - -- • a I 400 300 J I 5 7G0 ` H z T SAN DIEGO COUNTY NOMOGRAPH FOR DETE.= ":sT:Cr; .u: DEPARTMENT OF SPECIAL DISTRICT SERVICES OF TIME OF C�K � \'F '; t, ;-c) ^ DESIGN MANUAL FOR NATUF –; .W47E'SriECS APPROVED '' •' 'r '1• •• .�' DATE AFF IX of ELEV. FACTOR 0 -1500 loo 1300 -3000 1.23 3000 -4000 142 4 000 -3000 1.60 3000-6000 1.70 DESERT 1.25 To opluin correct Inlenelty, mulliply Intsasily on chart ►y factor lot design slerollon. 5.0 4 0 5.0 0 ca W 2. z oc Q 7 N O } lr F- W to a 1.0 0.9 z 0.e W h =0.7 Z Z 0.6 0.5 DURATION MINUTES HOURS 5 t0 20 30 40 50 1 2 5 4 5 6 7 9 910 2 3 4 3 6 7 6 9 1 0 IN D D 5 ( , ..• .C;. 10 20 •30 40 50 1 zo MINUTES HOURS z o 0_ 1 C: DURATION 13 m C) v m 0 M - J 0100 NOW 0.4 m ft 1 w 0.3 O i'' 1 z 1 I C 1 D 0.2 0 t I C 2 T ;1 -n 2 3 4 3 6 7 6 9 1 0 IN D D 5 ( , ..• .C;. 10 20 •30 40 50 1 zo MINUTES HOURS z o 0_ 1 C: DURATION 13 m C) v m 0 M - J 0100 NOW I.• i i'' 1 1 I I, I I: I� x — l x.11 - - l � �' b b • •I- I I . . vr I I : :I — ;I j I ' ' I I:• i i i ilk — — I I _ _ I I — li I I ;l - j I I III I I l lid - -- - - I I I I II l II I Ili�l i i I I - -- • I__._ � •�-; } }: - Il.11lil I 'I• 2 . _ _L� . llillll;i I _� I 0 IN D D 5 ( , ..• .C;. 10 20 •30 40 50 1 zo MINUTES HOURS z o 0_ 1 C: DURATION 13 m C) v m 0 M - J 0100 NOW m _ _ 0 n 0 = 2 m min 5' min m _ 0 0 a 0 N B "' I 2' min — 11 L_ cut or fill slope ( scut or fill slope 3" 470 -C -2000 concrete or bottom may be rounded at / 3" 2500 psi, air placed concrete the option of the contractor.— with 1Y2 "x1Y2" 17 gage stucco netting. TYPE C TERRACE DITCH "i NOTES J 1. Longitudinal slope of lined ditch shall be 2% minimum. 2. Over slope down ditches shall employ 6" thickened edge section at both sides of ditch. Revision 1ByI Approved Date SAN DIEGO REGIONAL STANDARD DRAWING n"e nm• P ., DRAINAGE DITCHES 3' min 6"' c _ E TYPE D LEGEND ON PLANS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE '•'�^'� -GC. If'5 Caormmmr N.C.E. 198C7 Date DRAWING NUMBER D-75 0 t:5 /o .0,44 /. �r SEE GiCY aF 8RS;3RD ,if o N � M pAdb'X 556- S5 P G BERG R f/ ito."1 VA Tyk '(YPEGCUR6d go aA1 oak' ' - 6oTfeR CryPicnU ep, •�'' � U6 �} � ,B s, r� - 0 �_ � Pc• 161 � `5,P TµPErt o Tl.✓ =T ;.I £yEV \og.3 �, ' iaP -G`e 5 \ \� TY9E�C CRTW K "A.c. e- FIGURE HYDROLOGY 14Af - r= °_Y!'? EX/5 30 60 TPM 97 -28/ ENCIN77AS pb� cu2g ou'rLET D, ?ra i /% 6" 3' 7. 4RAPE \\ 12G�0(� 6, ©LIVEN tWH RNA AM €Rao SA m • _ _ EKIdL,CaMC,�— iO aU . \,,.rr 1. 4Sty _S SHFETq_y cuRTfttN )�+�• = o� parch- P4M* h! 2. vea�_U su €e-rszE9 � t ix9_I/gTON — ° r YI. 3.10944 sk£k T5 4_S 9 z dJA , I m ' 4. SUET 3L6- 1689 , , t0 .d.' b ..� 4 - o.... � O �• -� ti - BL�EN87k 6� Mtt{.... s.sne. +es BY eR+0. A- sF£rfEtJS ORAIN CONNECTIIN @ ® SWAGE K. 9 ANP ENGINEERING 13445 Mango Drive Del Mar, CA 92014 (858) 509 -0902 COST ESTIMATE FOR 5768 -I PUBLIC IMPROVEMENTS FOR 1735 OLIVENHAIN ROAD ENCINITAS, CALIFORNIA Q�OESSIOII�q� �p Er 0 z y, 3 ) v3 Q CIV% F sTgTf Of E7 FF - 61 A0 31b1S 9pV "' Z9 � 45- ANP ENGINEERING COST ESTIMATE FOR 5768 -I DESCRIPTION QUANTIlY&UNIT UNIT PRICE TOTAL CURB &GUTTER 6 INCH TYPE G 95 LF S 13.75/1-F $1306.25 CURB & GUTTER REMOVAL 111 LF S 5.10/LF S 566.10 DRIVEWAY 192 S.F. S 3.95/S.F. S 758.40 SIDEWALK G -7 475 S.F S 3.65 1S.F. $1733.75 PAVING A.C.(5" ) 56 S.F. S 2.00 /S.F. S 112.00 SUBTOTAL $4476.50 TRAFFIC CONTRO 5% S 223.83 CONTINGENCY (10% -T447.65 SUB -TOTAL S 5148.00 O v�- 40` 3� ° y ExP Q \ Sr 0}V \�\�p�`' \ATE 0 F CP ANP ENGINEERING 13445 Mango Drive Del Mar, CA 92014 (858) 509 -0902 COST ESTIMATE FOR 5768 -G PUBLIC IMPROVEMENTS FOR 1735 OLIVENHAIN ROAD ENCINITAS, CALIFORNIA ti * Exp. 3 /3LIIL'33 TqT CIV11 s FOF CALIF/ ANP ENGINEERING COST ESTIMATE FOR 5768 -G (1735 OLIVENHAIN ROAD, ENCINITAS, CALIFORNIA) ITEM QUANTUY UNIT COST TOTAL EXCAVATION 624 CY $ 4.10 /CY $ 2558.40 SLOPE PLANTING (H dro-Sccdin 4236 SQ. FT. $ 110.00 /1000 SQ. FT. $ 465.96 SLOPE IRRIGATION 4236 SQ. FT. $ 556.00/1000 SQ. FT. $ 2355.22 RETAINING WALL 175 LF $ 17.30/LF $ 3027.50 6"DIA. PVC DRAINAGE 190 LF $ 34.00/L.F $ 6460.00 EROSION CONTROL 1680 SAND BAGS $1.00 EACH $ 1680.00 3 inch A.C. Paving 3200 S.F. S 1.25/S Q. FT. $ 4000.00 6 inch gravel base 3200 S.F. $ 0.90/S Q. FT. $ 2880.00 Paving preparation 3200 S.F. $ 0.40/S Q, FT. $ 1280.00 6" Dia. PVC 180 LF $ 34.00/L.F $ 6120.00 #3 BOX W/ METAL GRATE 3 $ 43.00 EACH $ 129.00 IMPORT 44 $ 8.60 /CY $ 378.40 SUBTOTAL $31334.48 CONTINGENCY 1 10% $ 3133.45 SUBTOTAL $34467.93 ESSIO�r. 'i ExG 3 � s3 _ CIV1� a�e� October 4, 1999 City Engineer City of Encinitas Dear Sir: Carl A Steffe ns CIVI L E LAND SURVEYOR 619 - 465 -5139 6233 Boulder Lake Ave San Diego CA 92119 Subject: Deferred Staking- - TPM 97 -281 The cost of deferred staking on Subject TPM is estimated at $600.00 Sincerely, Carl A. St RCE 19247 Exp. 9 -30 -01 -00 ``,", I_! 1 CHRISTIAN WHEELER E N G I N E E R I N G REPORT OF PRELIMINARY GEOTECHNICAL INVESTIGATION PROPOSED THREE -LOT RESIDENTIAL DEVELOPMENT 1735 OLIVENHAIN ROAD ENCINITAS, CALIFORNIA Tv, - PREPARED FOR: EN �1T r pF '01 c NCI'. • 11 CE MR. PIROUZ ETEMAD 13445 MANGO DRIVE SAN DIEGO, CALIFORNIA 92014 PREPARED BY: CHRISTIAN WHEELER ENGINEERING 4925 MERCURY STREET SAN DIEGO, CALIFORNIA 92111 4925 Mercury Street * San Diego, CA 92111 ♦ 619- 496 -9760 ♦ FAX 619 -496 -9758 1, CHRISTIAN WHEELER E N G I N E E R I N G June 3, 1999 Mr. Pirouz Etemad 13445 Mango Drive San Diego, California 92013 CWE 199.270.1 SUBJECT: REPORT OF PRELIMINARY GEOTECHNICAL INVESTIGATION, PROPOSED RESIDENTIAL DEVELOPMENT, 1735 OLIVENHAIN ROAD, ENCINITAS, CA. Dear Mr. Eternal- In accordance with your request and our Proposal dated May 2, 1999, we have completed a geotechnical investigation for the subject property. We are presenting herewith our findings and recommendations. In general, we found that the site is suitable for the proposed new construction, provided the recommendations • provided in our report are followed. The geotecbnical conditions that will require mitigation are limited to one to two and one -half feet of relatively loose fill and weathered formational material that will require removal and recompaction as well as cut /fill transition lines running through the lots. The prevailing soils are considered nondetrimentally expansive and have relatively high strength parameters. If you have anv questions after reviewing this report, please do not hesitate to contact our office. This opportunity to be of professional service is sincerely appreciated. Respectfully submitted, CHRISTIAN WHEELER ENGINEERING Charles H. Christian, R.G.E. #00215 CHC:CRB:scc cc: (6) Submitted Quo �S H ry9 F1iP� 1-'No GE000215 I' E%p 430-M u h �Jj fp CNN4'.O'r�� Curtis R. Burdett, C.E.G. #1090 CERTIFIED ° ENGINEERING GEOLOGIST ' td Exp -IQ-00. -o-� 4925 Mercury Street ♦ San Diego, CA 92111 + 619 -49,- ill • FAX 619 -496 -9756 TABLE OF CONTENTS PAGE Introductionand Project Descript ion ................................................................................ ..............................1 ProjectScope .......................................................................................................................... ..............................1 Findings................................................................................................................................... ..............................3 SiteDescription ............................................................................................................... ..............................3 GeneralGeology and Subsurface Conditions ............................................................ ..............................3 Geologic Setting and Soil Description .................................................................... ..............................3 Groundwater.............................................................................................................. ............................... 3 TectonicSett ing .......................................................................................................... ..............................4 GeologicHazards ........................................................................................................... ..............................4 General. ........................................................................................................................ ..............................4 Landslide Potential and Slope Stability ................................................................... ..............................4 Groundshaking.......................................................................................................... ............................... 5 SeismicDesign Parameters ....................................................................................... ..............................5 Liquefaction................................................................................................................ ..............................5 Flooding..................................................................................................................... ................._............. 5 Tsunamis............................................................................................ .....- --- ° °- °---- -- -----....... - ----- ---- -- ---- 6 Seiches ............................. Conclusions........................................................................................................................... ......._....................... 6 Recommendations................................................................................................................. ..............................6 Gradingand Earthwork ............................................................................................... ............................... 6 Observationof Grading .......................................................................................... ............................... 6 . Clearing and Grubbing ............................................................................................. ............................... 6 SitePreparation ......................................................................................................... ............................... 7 Processingof Fill Areas ........................................................................................... ............................... 7 Compactionand Method of Fill ing ......................................................................... ..............................7 FillSlope Construction ............................................................................................. ..............................8 SurfaceDrainage ........................................................................................................ ..............................8 GradingPlan Review ................................................................................................ ............................... 8 Foundations.................................................................................................................... ............................... 8 GenesL...................................................................................................................... ............................... 8 BearingCapacity ......................................................................................................... ..............................9 FootingReinforcement ..................................................... _.................................................................... 9 LateralLoad Resistance ............................................................................................. ..............................9 FoundationPlan Review ........................................................................................... ..............................9 Foundation Excavation Observation ...................................................................... ..............................9 RetainingWall Design Criteria ..................................................................................... ..............................9 Foundations.............................................................................................................. ............................... 9 PassivePressure .......................................................................................................... ..............................9 ActivePressure .......................................................................................................... .............................10 Waterproofing and Subdrain Observation ............................................................ .............................10 Ba c k fi ll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Factorof Safety ......................................................................................................... .............................10 On -Grade Slabs ............................................................................................................. .............................10 InteriorFloor Slab ................................................................................................ ........_...................... 10 Moisture Protection for Interior Slabs ............................................................... ............................... 10 ExteriorConcrete Flatwork .................................................................................... .............................11 DrivewayPavement Sections ...................................................................................... .............................11 General. .................................................................................................................... ............................... 11 Designand Construction ...................................................................................... ............................... 11 Limitations........................................................................................................................... ............................... 11 Review, Observation and Test ing ............................................................................... .............................I1 Uniformityof Conditions ............................................................................................. .............................12 Changein Scope ............................................................................................................ .............................12 TimeLimitations ............................................................................................................ .............................12 Professional Standard. Client's Responsibility ................................................................................................... .............................13 FieldExplorations ................................................................................................................. .............................13 LaboratoryTesting ............................................................................................................... ........_....................14 ATTACHMENTS TABLES Table I Maximum Bedrock Accelerations, Page 5 FIGURES Figure 1 Site Vicinity Map, Follows Page 1 • PLATES Plate 1 Site Plan Plates 2 -5 Boring Logs Plate 6 Subdraut Detail Plates 7 R -Value APPENDICES Appendix A Recommended Grading Specifications — General Provisions Appendix B References PRELIMINARY GEOTECHNICAL INVESTIGATION PROPOSED THREE -LOT RESIDENTLIL DEVELOPMENT 1735 OLIVENFLAIN ROAD ENCINITAS. CALIFORNL -1 INTRODUCTION AND PROJECT DESCRIPTION This report presents the results of a preliminary geotechnical investigation performed for the proposed residential construction at 1735 Olivenhain Road in the City of Encinitas, California. The following Figure Number 1 presents a vicinity map showing the location of the property. To assist in this investigation, our firm was provided with a grading plan by Pirouz Etemad, RCE, dated March 31, 1999. It is our understanding that the subject site is to be divided into three residential lots. The lots are to be developed by the construction of single- family residences and associated improvements. The anticipated structures will be one and /or two stories in height and are expected to be supported by 10 conventional spread foundations with on -grade concrete floor slabs. Grading to develop the lots will involve cuts and fills less than about ten feet from the existing grades. This report has been prepared for the exclusive use by Pirouz Etemad and his design consultants for specific application to the project described herein. Should the project be modified, the conclusions and recommendations presented in this report should be reviewed by Christian Wheeler Engineering for conformance with our recommendations and to determine if any additional subsurface investigation, laboratory testing and /or recommendations are necessary. Our professional services have been performed, our findings obtained and our recommendations prepared in accordance with generally accepted engineering principles and practices. This warranty is in lieu of all other warranties, expressed or implied. PROJECT SCOPE The scope of our preliminary investigation included: surface reconnaissance; subsurface exploration, obtaining representative undisturbed and bulk samples; laboratory testing; analysis of the field and laboratory data; research of available geological literature pertinent to the site; and preparation of this report. More specifically, the intent of this analysis was to: 7 3-LOT RESIDENTIAL DEVELOPMENT 1735 OLIVENHAIN ROAD, ENCINITAS Christian Wheeler Engineering Job Number: 199.270 Date: June 2, 1999 Figure Number. 1 y 9 sE_$�� 3 C{ Ci� q�yyGG A yL l2 \{� � _ -Y V A V L,� i' V' 1 � a 55 r 4 I GLY1. x �t 4 S• � "�' � �.� IL Nl � 8 � '.f < YY '>•nw lFYA11rE �° awn' fs s\ � cg, +�_!IS r1 -I AN - c \� �9` a .. � rl 05� L5 `3 CL OL wwk u b ti Z7 DE IERRA_YISTA )ll $p00 Y I cDFff C CI IE ask AN0.AL I "+l 5 -, =KTy ) • Q ti p '16 ❑ YfD((TA 4ny 0.•a Lh 4+ C �aA� + fr `+o s s ,>avaxw sv0 :.' 3 ucnlru T6Po N ,' + ,.�' INV i 7l• •,�.L 4r�WauF n v�RY ew _ _ —�\ 1 15 l ♦ �M LWY AV 41YLy� F ypOO Irm NAPE Y�i F IN'- T _ R y(r+�^ 1`-� . l y ` ACERVO �nE G V 7g c CIE ooLaF rA NRK �D i S rSlrFl PAPA n P3 ��''� t vi � S r•: a_ � `) �� e,LS �:� n. '�$ s � GAMEII '� . I�11 1 sao ARBOF w Y NI "40 3/ i 1 u w , YALLE0.A ri p a w i5 V F � F $ �. uulw 8 Iw Ism ; ❑ _R\ toL x �,' r o fI � � r`' ._ clie i WOO ZCfU I� 9� "I e'C'^ }>• ( eP+'' b L RA yFyF ^W�Zg;��sr\ C NjjyLA \W LI 9N U V \ � YI+mCA V� L nnV° 00. 't� 0.ro FM VIIRL Sr'IT6110 1, RD -- -- --- 0- - FUU 1X1115 r'a pV11 —MM '. 'S .4 41l ' C � Q < Q v+ cva L rls�swr rl 'I p a :curt\[ ' SWI STA xQ, YDLEMA r ECIMlfA VA �o °1 b hhlSPFF� YIEIAGE > If v L °n vt Da ENCINITAS PurA BLVD'- ' 1100 '.4 . nl R OAAT,RESf '� m 1100 a Ii00 i Of u 9 0 ttri"' ,• ♦ n �. . t SI il0 J 0 9(Er : PARR �'3° s Vu PAp; -z VIEW PLASA �'a m fCENITA �: m �, T3 1G' �t p N b� S • 41CL A 10 W AIWAYE DA- ° $ OR + JR MS CREST ' ON c i 9 'I a m �= f 4 i pp'!hD w ,eflu i 14 ND SLA V s IN \ Christian Wheeler Engineering Job Number: 199.270 Date: June 2, 1999 Figure Number. 1 CWE 199.270 June 3, 1999 Page No. 2 a) Explore the subsurface conditions to the depths influenced by the proposed construction. b) Evaluate, by laboratory tests, some of the engineering properties of the various strata, which may influence the proposed construction, including allowable soil bearing pressures, expansive characteristics and settlement potential. c) Describe the general geology at the site including possible geologic hazards that could have an effect on the site development. d) Address potential construction difficulties that may be encountered due to soil conditions, groundwater, or geologic hazards, and provide recommendations concerning these problems. e) Develop soil- engineering criteria for the site preparation and grading, and provide information regarding the stability of proposed cut and fill slopes. • f) Recommend an appropriate foundation system for the type of structures anticipated and develop sod engineering design criteria for the recommended foundation designs. g) Provide design criteria for cantilever retaining walls. h) Prepare this report, which includes in addition to our conclusions and recommendations, a site plan showing the site geology and the locations of our subsurface explorations, logs of the subsurface explorations and the results of our laboratory testing. It is not within the scope of our services to perform laboratory tests to evaluate the chemical characteristics of the on -site sods in regard to their potentially corrosive impact to on -grade concrete and below grade improvements. If desired, we can obtain samples of representative soils and submit them to a chemical laboratory- for analysis. We suggest that such samples be obtained after precise grading is complete and the soils that can affect concrete and other improvements are in place. Further, it should be understood that Christian Wheeler Engineering does not practice corrosion engineering. If such an analysis is necessary, we recommend that the developer retain an engineering firm that specializes in this field to consult with them on this matter. CWE 199.270 June 3, 1999 Page No. 3 FINDINGS SITE DESCRIPTION The subject site consists of a rectangular shaped parcel of land approximately one -half acre in size, which is located 1735 Olivenhain Road, in the City of Encinitas, California. Access to the site is afforded by Olivenhain Road, which forms the northern boundary of the site. The subject site is also bound by existing residences to the south, an existing day care facility to the west, and an existing fabrication shop to the east The site supports a significant amount of wild grass with scattered shrubbery. Some small trees exist along the western perimeter of the site. Topographically, the site slopes gently downward from Olivenhain Road to the southern perimeter of the site. On -site elevations range from approximately 114 feet above Mean Sea Level in the southwest comer of the site to 136 feet in the northeast comer of the site. GENERAL GEOLOGY AND SUBSURFACE CONDITIONS GEOLOGIC SETTING AND SOIL DESCRIPTION: The subject site is located in the Coastal . Plains Physiograpbic Province of San Diego County. Based upon the results of our limited exploration and analysis of readily available, pertinent geologic literature, the site appears to be underlain by minor fills, and Tertiary-age Torrey Sandstone (Tan & Kennedy, 1996). The fill was only encountered in Trenches T -2 and T -4 and consisted of relatively loose silty sand with abundant construction debris. We expect that this material may have been placed as part of the past construction near the site. The Torrey Sandstone was encountered in each of our exploratory trenches. A layer of medium brown, moist, loose to medium dense silty sand (SM) identified as weathered Torrey Sandstone of approximately one foot to two feet in thickness was also encountered in our exploration. This material was found near the surface in Trenches T -1 and T -3, and was found to underlie the fill soil in Trench T -4 at a depth of approximately sic inches and in Trench T -2 at a depth of approximately 2 feet. Underlying the weathered material, the Torrey Sandstone graded into light brown, moist, poorly graded silty sand (SP- SM) that was dense inconsistency. GROUNDWATER No groundwater was encountered in our exploratory test trenches. It should be recognized, however, that minor groundwater seepage problems may occur after development of a site even where none were present before development. These are usually minor phenomena and are often the result of an alteration in drainage patterns and /or an increase in irrigation water. Based on the anticipated usage and development, it is our opinion that any seepage problems which may occur will be CWE 199.270 June 3, 1999 Page No. 4 minor in extent. It is further our opinion that these problems can be most effectively corrected on an individual basis if and when they occur. TECTONIC SETTING: No major faults are known to traverse the subject site but it should be noted that much of Southern California, including the San Diego County area, is characterized by a series of Quatemm -age fault zones which typically consist of several individual, en echelon faults that generally strike in a northerly to north - westerly direction. Some of these fault zones (and the individual faults within the zones) are classified as active while others are classified as only potentially active, according to the criteria of the California Division of Mines and Geology. Active fault zones are those which have shown conclusive evidence of faulting during the Holocene Epoch (the most recent 11,000 years) while potentially active fault zones have demonstrated movement during the Pleistocene Epoch (11,000 to 1.6 trillion years before the present) but no movement during Holocene time. A review of available geologic maps indicates that the active Rose Canyon Fault Zone is located approximately 5 [Hiles west of the subject site. Other active fault zones in the region that could possibly affect the site include the Coronado Bank and San Clemente Fault Zones to the southwest and the Elsinore, San Jacinto, and San Andreas Fault Zones to the northeast. GEOLOGIC HAZARDS GENERAL: No geologic hazards of sufficient magnitude to preclude development of the site as we presently contemplate it are known to exist. In our professional opinion and to the best of our knowledge, the site is suitable for the proposed development. LANDSLIDE POTENTIAL AND SLOPE STABILITY: As part of this investigation we reviewed the publication, "Landslide Hazards in the Northern Part of the San Diego Metropolitan Area" by Tan, 1995. This reference is a comprehensive study that classifies San Diego County into areas of relative landslide susceptibility. The subject site is located in Subarea 3-1. Slopes within the 3-1 classification are considered at or near their stability limits due to steep slopes and can be expected to fail locally when adversely modified Sites within this classification are located outside the boundaries of known landslides but contain observably unstable slopes that may be underlain by weak materials and /or adverse geologic structure. Based on the results of our site - specific investigation, it is our opinion that the potential for both shallow and deep - seated landsliding can be mitigated by following the recommendations provided in this report. CWE 199.270 June 3, 1999 Page No. 5 GROUND SHAKING: A likely geologic hazard to affect the site is ground shaking as result of movement along one of the major active fault zones mentioned above The maximum bedrock accelerations that would be attributed to a maximum probable earthquake occurring along the nearest fault segments of selected fault zones that could affect the site are summarized in the following Table I. TABLE I Fault Zone Distance Maximum Probable Earthquake Maximum Bedrock Acceleration Rose Canyon 5 miles 6.5 magnitude 0.33 g Coronado Bank 20 miles 7.0 magnitude 0.15 g Elsinore 24 n- les 7.3 magnitude 0.13 g San Clemente 54 miles 7.3 magnitude 0.06 g San Jacinto 48 miles 7.8 magnitude 0.14 g Probable ground shaking levels at the site could range from slight to moderate, depending on such factors as the magnitude of the seismic event and the distance to the epicenter. It is likely that the site • will experience the effects of at least one moderate to large earthquake during the life of the proposed structures. SEISMIC DESIGN PARAMETERS: In accordance with the evaluations provided above, the Maximum Bedrock Acceleration at the site is 0.33 g (based upon a Maximum Probable Seismic Event of 6.5 Magnitude along the Rose Canyon Fault Zone). For structural design purposes, a damping ratio not greater than 5 percent of critical dampening, and Soil Profile Type So are recommended (UBC Table 16- J). Based upon the location of the site, approximately 8.5 kilometers from the Rose Canyon Fault (Type B Fault), Near Source Factors N. equal to 1.0 and N. equal to 1.1 are also applicable. Additional seismically related design parameters are recommended to be obtained from the Uniform Building Code (UBC) 1997 edition, Volume II, Chapter 16, utilizing a Seismic Zone 4. LIQUEFACTION: In our opinion, the native materials at the site are not subject to liquefaction due to such factors as depth to the groundwater table, soil density and grain -size distribution. FLOODING: The site is located outside the boundaries of both the 100 -year and the 500 -year floodplains according to the maps prepared by the Federal Emergency Management Agency. CWE 199.270 June 3, 1999 Page No. 6 TSUNAMIS: Tsunamis are great sea waves produced by submarine earthquakes or volcanic eruptions. Due to the site's location, it will not be affected by a tsunami. SEICHES: Seiches are periodic oscillations in large bodies of water such as lakes, harbors, bays or reservoirs. Due to the site's location, it will not be affected by Seiches. CONCLUSIONS In general, no geotechnical conditions were found that would preclude the development of the subject residential lots provided the recommendations presented in this report are incorporated into the design and construction of the project. The most significant adverse geotechnical conditions to potentially affect the proposed construction are the presence of a relatively minor amount of loose fill and weathered formational soil that will require removal and replacement as compacted fill as well as cut to fill transitions in or adjacent to each of the three proposed lots. Such transitions could result in differential settlement within the structure. In order to mitigate for the potential damage to settlement sensitive structures, a mat of uniformly compacted soil will need to be provided in the building pad area of each lot. This being done, conventional spread foundations with on -grade concrete floor slabs may • be used in the proposed construction. Detailed earthwork and foundation recommendations are presented in the following "Recommendations" section of this report. RECOMMENDATIONS GRADING AND EARTHWORK OBSERVATION OF GRADING: Continuous observation by Christian Wheeler Engineering is essential during the grading operation to construct the building pad and paved areas in order to confirm the conditions anticipated by our investigation, to allow adjustments in design criteria to reflect the actual field conditions exposed, and to determine that the grading proceeds in general accordance with the recommendations contained herein. CLEARING AND GRUBBING: Site grading should begin with the removal of all vegetation and other deleterious materials and hard construction debris from the portion of lot that will be graded and that will receive improvements. This should include all root balls from the trees to be removed and all significant root material. The resulting materials should be disposed of off -site. CWE 199 270 June 3, 1999 Page No. 7 SITE PREPARATION: After clearing and grubbing, site preparation should begin with the removal from areas to receive fill and /or improvements of the existing fill materials and weathered formational soils, as directed by our project geologist, engineer or technician supervisor. In addition, in order to use conventional spread footings to support the proposed structures, it will be necessary to provide a uniformly compacted mat of soil in the area of the building pad. This can be accomplished by excavating the cut portion of the pad to a depth of three feet below finish pad grade and replacing the excavated soil as recompacted structural fill. The mat of compacted soil should extend at least five feet outside the perimeter of the proposed buildings. Prior to replacing the excavated soils, the soils exposed at the bottom of the excavation should be processed in accordance with the following section of this report. The soil should be placed in the excavation in accordance with the "Compaction and Method of Filling" section of this report which follows hereinafter. At this time, it is our opinion that no other special site preparation will be necessary other than processing the areas to receive fill material as recommended in the following section. PROCESSING OF FILL AREAS: Prior to placing any fill soils, the soils exposed on the surfaces to be filled should be scarified to a depth of 12 inches, moisture conditioned, and compacted to at least 90 . percent relative compaction. No other special ground preparation is anticipated at this time. COMPACTION AND METHOD OF FILLING: All structural fill placed at the site should be compacted to a relative compaction of at least 90 percent of maximum dry density as determined by ASTM Laboratory Test D1557, Method A or C. Fills should be placed at or slightly above optimum moisture content, in lifts six to eight inches thick, with each lift compacted by mechanical means. Fills should consist of approved earth material, free of trash or debris, roots, vegetation, or other materials determined to be unsuitable by our soil technicians or project geologist. Fill material should be free of rocks or lumps of soil in excess of twelve inches in maximum dimension. However, in the upper two feet of pad grade, no rocks or lumps of soil in excess of sir inches should be allowed. Fills should be benched into all temporary slopes and into competent natural soils when the natural slope is steeper than an inclination of 5:1 (horizontal to vertical). Keys should be constructed at the toe of all fill slopes. The keys should extend at least 12 inches into firm natural ground and should be sloped back at least two percent into the slope area. Slope keys should have a tninimum width of 10 feet. CWE 199.270 June 3, 1999 Page No. 8 Utility trench backfill within five feet of the proposed structure and beneath paved areas or concrete flatwork should be compacted to a minimum of 90 percent of its maximum dry density. All grading and fill placement should be performed in accordance with the City of Encinitas Grading Ordinance, the Uniform Building Code, and the attached Recommended Grading Specifications and Special Provisions attached hereto as Appendix A. FILL SLOPE CONSTRUCTION: Fill slopes may be constructed at an inclination of 2:1 or flatter (horizontal to vertical). Compaction of slopes should be performed by back- rolling with a sheepsfoot compactor at vertical intervals of four feet or less as the fill is being placed, and track - walking the face of the slope when the slope is completed. As an alternative, the fill slopes may be overfilled by at least three feet and then cut back to the compacted core at the design line and grade. Keys should be made at the toe of fill slopes in accordance with the recommendations presented above under "Compaction and Method of Filling." SURFACE DRAINAGE: Pad drainage should be designed to collect and direct surface water away from proposed structures and the top of slopes and toward approved drainage areas. For earth areas, a . minimum gradient of one percent should be maintained. The ground around the structures should be graded so that surface water flows rapidly away from the structure without ponding. In general, we recommend that the ground adjacent to structures slope away at a gradient of at least two percent. Densely vegetated areas where runoff can be impaired should have a minimum gradient of at least five percent within the fast five feet from the structure. GRADING PLAN REVIEW: The final grading plans should be submitted to this office for review in order to ascertain that the recommendations of this report have been implemented, and that no additional recommendations are needed due to changes in the anticipated development plans. FOUNDATION RECOMMENDATIONS GENERAL: Our investigation has indicated that the proposed residences may be supported by conventional continuous spread footings provided that a uniformly compacted mat of soil is constructed within the building pad. Spread footings should be embedded at least 12 and 18 inches below finish pad grade elevation for one- and two -story structures, respectively. Continuous footings should have a minimum width of 12 inches. CWE 199.270 June 3, 1999 Page No. 9 BEARING CAPACITY. Conventional continuous spread footings with the above minimum dimensions may be designed for an allowable soil bearing pressure of 2000 pounds per square fool This value may be increased by one -third for combinations of temporary loads such as those due to wind or seismic loads. FOOTING REINFORCEMENT: The project structural engineer should provide reinforcement requirements for foundations. However, based on soil conditions, we recommend that the minimum reinforcing for continuous footings consist of at least one No. 5 bar positioned three inches above the bottom of the footing and one No. 5 bar positioned two inches below the top of the footing. LATERAL LOAD RESISTANCE: Lateral loads against foundations may be resisted by friction between the bottom of the footing and the supporting soil, and by the passive pressure against the footing. The coefficient of friction between concrete and soil may be considered to be and 0.40. The passive resistance may be considered to be equal to an equivalent fluid weight of 400 pounds per cubic foot This assumes the footings are poured tight against undisturbed soil. If a combination of the passive pressure and friction is used, the friction value should be reduced by one - third. . FOUNDATION PLAN REVIEW: The foundation plans should be submitted to this office for review in order to ascertain that the recommendations of this report have been implemented, and that no additional recommendations are needed due to changes in the anticipated construction. FOUNDATION EXCAVATION OBSERVATION: All foundation excavations should be observed by the Christian Wheeler Engineering prior to placing concrete to determine if the foundation recommendations presented herein are followed. All footing excavations should be excavated neat, level, and square. All loose or unsuitable material should be removed prior to the placement of concrete. FOUNDATIONS: The recommendations provided in the foundation section of this report are also applicable to earth retaining structures. PASSIVE PRESSURE: The passive pressure for the prevailing soil conditions may be considered to be 400 pounds per square foot per foot of depth. This pressure may be increased one -third for seismic loading. The coefficient of friction for concrete to soil may be assumed to be 0.40 for the resistance to • CWE 199.270 June 3, 1999 Page No. 10 lateral movement When combining frictional and passive resistance, the faction should be reduced by one - third. The upper 12 inches of exterior retaining wall footings should not be included in passive pressure calculations where abutted by landscaped areas. ACTIVE PRESSURE: The active soil pressure for the design of unrestrained earth retaining structures with level backfill may be assumed to be equivalent to the pressure of a fluid weighing 30 pounds per cubic foot. This pressure does not consider any other surcharge. If any are anticipated, this office should be contacted for the necessary increase in soil pressure. This value assumes a drained backfill condition. Though waterproofing details should be provided by the project architect, a suggested wall subdrain detail is provided on the attached Plate Number 6. We recommend that the Geotechnical Consultant observe all retaining wall subdrains to verify proper construction. WATERPROOFING AND SUBDRAIN OBSERVATION: The geotechnical engineer should be requested to verify that waterproofing has been applied and that the subdrain has been properly installed. However, unless specifically asked to do so, we will not verify proper application of the waterproofing. BACKFILL: All backfill soils should be compacted to at least 90 percent relative compaction. Expansive or clayey soils should not be used for backfill material. The wall should not be backfilled until the masonry has reached an adequate strength. FACTOR OF SAFETY: The above values, with the eeception of the allowable soil friction coefficiem, do not include a factor -of- safety. Appropriate factors -of- safety should be incorporated into the design to prevent the walls from overturning and sliding. FORNEff-ATIMEXTIP INTERIOR FLOOR SLAB: The minimum floor slab thickness should be four inches. The floor slab should be reinforced with at least No. 3 bars placed at 18 inches on center each way. The slab reinforcing bars should extend at least six inches into the perimeter footings. Slab reinforcing should be placed on chairs and positioned at mid - height in the floor slab. MOISTURE PROTECTION FOR INTERIOR SLABS: Where the concrete on -grade floor slab will support moisture - sensitive floor covering, it should be underlain by a moisture barrier. We CWE 199.270 June 3, 1999 Page No. 11 recommend that the minimum configuration of the subslab moisture barrier consist of a four -inch- thick blanket of coarse, clean sand. The moisture barrier material should have 100 percent material passing the 1/4 -inch sieve and less than ten percent and five percent passing the No. 100 and No. 200 sieves, respectively. A visqueen vapor barrier should be placed in the center of the moisture protection blanket. EXTERIOR CONCRETE FLATWORK Exterior slabs should have a minimum thickness of four inches. Reinforcement and control joints should be constructed in exterior concrete flatwork to reduce the potential for cracking and movement. Joints should be placed in exterior concrete flatwork to help control the location of shrinkage cracks. Spacing of control joints should be in accordance with the American Concrete Institute specifications. When patio, walks and porch slabs abut perimeter foundations they should be doweled into the footings. DRIVEWAY PAVEMENT SECTIONS GENERAL: Based on the proposed site development plans, one driveway will be used to access all three homes. The pavement section recommendations are based on the results of an R -Value test • performed on a representative sample of the subgrade soil. The R -Value test was performed in accordance with California Test Method 301. The results of the R -Value test is presented on the attached Plate 7. DESIGN AND CONSTRUCTION: Based on the subgrade soils having an R -Value of 7, and using an assumed Traffic Index of 4.0, we recommend that the minimum pavement section consist of 3.0 inches of asphalt concrete over 6.0 inches of Class II aggregate base. The aggregate base material should be compacted to at least 95 percent of its maximum dry density as determined in accordance with ASTM Test 1557 -91, Method A or C. Just prior to placing the aggregate base material, the subgrade soils should be scarified to a depth of 12 inches, moisture conditioned to near optimum moisture content, and compacted to at least 95 percent of its maximum dry density LIMITATIONS REVIEW, OBSERVATION AND TESTING The recommendations presented in this report are contingent upon our review of final plans and specifications. Such plans and specifications should be made available to the geotechnical engineer and CWE 199.270 June 3, 1999 Page No. 12 engineering geologist so that they may review and verify their compliance with this report and with the Uniform Building Code. It is recommended that Christian Wheeler Engineering be retained to provide continuous soil engineering services during the earthwork operation. This is to verify 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. UNIFORMITY OF CONDITIONS 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 on 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 Ell 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 may be encountered during site development should be brought to the attention of the geotechnical • engineer so that he may make modifications if necessary. CHANGE IN SCOPE This office should be advised of any changes in the project scope or proposed site grading so that we may determine if the recommendations contained herein are appropriate. This should be verified in writing or modified by a written addendum. TIME LIMITATIONS 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 Standards -of- Practice and /or Government Codes may occur. Due to such changes, the findings of this report may be invalidated wholly or in pan by changes beyond our control. Therefore, this report should not be relied upon after a period of two years without a review by us verifying the suitability of the conclusions and recommendations. CWE 199.270 June 3, 1999 Page No. 13 PROFESSIONAL STANDARD In the performance of our professional services, we comply with that level of care and skill ordinarily exercised by members of our profession currently practicing under similar conditions and in the same locality. The client recognizes that subsurface conditions may vary from those encountered at the locations where our borings, surveys, and explorations are made, and that our data, interpretations, and recommendations be based solely on the information obtained by us. We will be responsible for those 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. CLIENT'S RESPONSIBILITY It is the responsibility of the client or their representatives to ensure that the information and recommendations contained herein are brought to the attention of the structural engineer and architect • for the project and incorporated into the project's plans and specifications. It is further their responsibility to take the necessary measures to insure that the contractor and his subcontractors carry out such recommendations during construction. FIELD EXPLORATIONS Four subsurface explorations were made at the locations indicated on the site plan included herewith as Plate Number 1 on May 11, 1999. These explorations consisted of test trenches excavated by a tractor- mounted backhoe. The fieldwork was conducted by or under the observation of our engineering geology personnel. The explorations were carefully logged when made. The test trench logs are presented on the following Plate Numbers 2 through i. The soils are described in accordance with the unified Soils Classification. In addition, a verbal textural description, the wet color, the apparent moisture and the density or consistency are provided. The density of granular sods 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. CWE 199.270 June 3, 1999 Page No. 14 Undisturbed chunk samples of typical and representative soils were obtained, sealed to prevent loss of moisture, and returned to the laboratory for testing. Bulk samples of disturbed soil were also collected in bags from the pit excavations. LABORATORY TESTING Laboratory- tests were performed in accordance with the generally accepted American Society- for Testing and Materials (ASTM) test methods or suggested procedures. A brief description of the tests performed is presented below: a) CLASSIFICATION: Field classifications were verified in the laboratory by visual examination. The final soil classifications are in accordance with the Unified Soil Classification System. b) MOISTURE - DENSITY: In -place moisture contents and dry densities were determined for representative soil samples. This information was an aid to classification and permitted recognition of variations in material consistency with depth. The dry unit • weight is determined in pounds per cubic foot, and the in -place moisture content is determined as a percentage of the soil's dry weight. The results are summarized in the trench logs. c) DIRECT SHEAR TEST: A direct shear test was performed to determine the failure envelope based on yield shear strength. The shear box was designed to accommodate a sample having a diameter of 2.375 inches or 2.50 inches and a height of 1.0 inch. Samples were tested at different vertical loads in a saturated moisture condition. The shear stress was applied at a constant rate of strain of approximately 0.05 inch per minute. The results of this test are presented on the following page. Sample Number. Description: Angle of Internal Friction: Apparent Cohesion: Trench T -1 Q 1' -4' Remold to 90 % 32.50 100 psf �J CWE 199.270 June 3, 1999 Page No. 15 d) COMPACTION TEST: The maximum dry density and optimum moisture content of a typical soil were determined in the laboratory in accordance with ASTM Standard Test D- 1557 -78, Method A. The results of this test are presented below. Sample Number: Description: Maximum Density: Optimum Moisture Content: Trench T -1 Q 1'4' Poorly Graded Silty Sand (SP -SM) 110.8 pcf 12.3% e) GRAIN SIZE DISTRIBUTION: The grain size distribution was determined from representative samples of the native soils in accordance with ASTM D422. The results of these tests are presented below, Sample: Trench T -1 @ 1'-4' U.S. SIEVE SIZE PERCENT PASSING #4 100 #8 98 #16 92 #30 88 #10 78 #1 00 24 #200 10 �x .. -Q!s \ 1 ` s� ,o - II :z I DA � > - � ON ' Iae � - _ z - - Al 1 DIA P �I Fx FRII .. t Tt sr LA .- Tt PIC T3 s s FIT P= Y %f F>i_A, C-W -E. LEGEND TEST TRFNCFi LOCATION 1 F. .,IiCIIOD iSl "'A �S IB=C C �� ML LR DS - WN APPROXIMATE �c'�CIM1 Tt TORREY SANDSTONE" P, M110,D3 - _ 51 20 U F I . WIF - = P r P: D T O Df \ P LOG OF TRENCH NUMBER T -1 Date Excavated: 5/11/99 Logged by: DRR Equipment: Backhoe Project Manager. CHC Surface Elevation (ft): 131.5' Depth to Water:: N/A Finish Grade Elev. (ft): 132.2' Drop of Hammer: N/A SIMPLES rWra� F SUMMARY OF SUBSURFACE CONDITIONS a Q z N w a V� ) O F Q C O0 0 O Q E WEATHERED TORREY SANDSTONE (11) - Medium brown, damp to moist, loose, fine to medium grained, SILTY CK &1 94.4 t....._SAND. �5� .............................................................................. ..............................• 2 TORREY SANDSTONE (Tt) - Light brown, damp to moist, dense, fine to medium grained, SLIGHTLY SILTY SAND (SM -SP). CK e.4 1028 3 4 5 CK ss ns.n 6 7 Terminated at 71/2 feet. 8 9 10 3 -LOT RESIDENTIAL DEVELOPMENT 1735 OLIVENHAIN ROAD, ENCINITAS CHRISTIAN WHEELER BY": DRR DATE: Mav -99 JOB NO. 199.270 IPLATE NO.: 2 ENGINEERING LOG OF TRENCH NUMBER T -2 Date Excavated: 5/11/99 Logged by: DRR Equipment: Backhoe Project Manager: CHC Surface Elevation (ft): 126' Depth to Water:: N/A Finish Grade Elev. (ft): 125.2' Drop of Hammer: N/A SAMPLES Ci O W 17.1 v i4 C) U C Q r4 [ n w SUMMARY OF SUBSURFACE CONDITIONS z u a z off ° C a FILL (OaD - light brown, damp, loose, SILTY SAND (SM) with abundant construction debris. Appears to be dumped without compaction. 2 tttuF •: WEATHERED TORREY SANDSTONE (Tt) - Medium brown, ^ 3.3 os.a 3 damp, loose to medium dense, fine to medium grained, ....... ............. ...... _ ..... ........... ............. ............ '' `•• SILTY SAND (Stvt). .............-.......................................................................................... ............................... Cc 4.5 1118 TORREY SANDSTONE (11) - Light brown, damp, dense to very 4r dense, fine to medium grained, SLIGHTLY SILTY SAND (SM -SP). 5 Ch 6 Terminated at 6 feet. 7 8 9 10 3 -LOT RESIDENTIAL DEVELOPMENT W1735 OLIVENHAIN ROAD, ENCINITAS CHRIOANN WHEELER. BY: DRR DATE: Mav -99 JOB NO. 199.270 JPLATF NO.: 3 E N G I N E E R I N G C� LOG OF TRENCH NUMBER T -3 Date Excavated: 5/11/99 Logged by: DRR Equipment: Backhoe Project Manager: CHC Surface Elevation (ft): 119' Depth to Water:: N/A Finish Grade Elev. (ft): 119.2' Drop of Hammes N/A SAMPLES C4 SUMMARY OF SUBSURFACE CONDITIONS Q S 5 O F O re Q WEATHERED TORREY SANDSTONE (t) - Medium brown, damp, loose to medium dense, SILTY SAND (SM). 1 CK 6.5 97.1 TORREY SANDSTONE Cli) - Light brown, damp, dense to very 2 dense, fine to medium grained, SLIGHTLY SILTY SAND (SM -SP). CK7 1125 3 4 :s i 5 C: 6 v Terminated at 7 feet. 8 9 10 3 -LOT RESIDENTIAL DEVELOPMENT W1735 OLIVENHAIN ROAD, ENCINITAS CHRISTIAN WHEELER BY: DRR DATE: Mav -99 JOB NO. 199.270 IPLATE NO.: 4 ENGINEERING LOG OF TRENCH NUMBER T -4 Date Excavated: 5/11/99 Logged by: DRR Equipment: Backhoe Project Manager. CHC Surface Elevation (ft): 115' Depth to Water:: N/A Finish Grade Elev. (ft): 119.2' Drop of Hammer: N/A SAMPLES x w Oa U C F O GSUMMARY OF SUBSURFACE CONDITIONS Q � Z U w z � � O [� O N � O 6q6 FILL (Oat) - Medium brown, moist, loose, SILTY SAND (SM) with trace gravels. 1 „ WEATHERED TORREY SANDSTONE Medium 2 brown, moist, loose, fine to medium grained, SILTY SAND (SM). cK 5.9 96.5 .............................................................................................................................................................................................. TORREY SANDSTONE CTt) - Light brown, moist, medium ............................... 3 .E dense to dense, fine to medium grained, SLIGHTLY SILTY SAND cK 53 111.3 d ; (SM -SP). 4 5 i .................. _._ ................ _ ................................................................................................................. Grades to very dense, SLIGHTLY SILTY SAND (SM -SP). ........ ............ ............ ........... ............ ............. c 1' 7 8 T Tar 9 Terminated at 9 feet. 10 3 -LOT RESIDENTIAL DEVELOPMENT iW 1735 OLIVENHAIN ROAD, ENCINITAS RI CHS INN WHEEL DR BY: DRR DATE: Mav -99 ENGINEERING JOB NO. 199.270 PLATE NO.: 5 ki 6" MAX e�o ,e e D ' a e o ev 12" e o o. 0 .o' 6" MIN o MINIMUM / 4 INCH DIAMETER PERFORATED PIPE I' T� I I I I I I I I 6" MIN WATERPROOF BACK OF WALL PER ARCHITECT'S SPECIFICATIONS 3/4 INCH CRUSHED ROCK or MIRADRAIN 6000 or EQUIVALENT GEOFABRIC BETWEEN ROCK AND SOIL TOP OF GROUND or CONCRETE SLAB RETAINING WALL SUBDRAIN DETAIL No Scale Christian Wheeler Engineering Job Number: 199.270 Date: June 2, 1999 Plate Number: 6 CWE 199 270 June 3, 1999 Appendix A, Page A -1 RECOMMENDED GRADING SPECIFICATIONS - GENERAL PROVISIONS PROPOSED THREE -LOT RESIDENTL-1L DEVELOPMENT 1735 OLIVENHAIN ROAD ENCINITAS, CALIFOPUNIA GENERAL INTENT The intent of these specifications is to establish procedures for clearing, compacting natural ground, preparing areas to be filled, and placing and compacting fill soils to the lines and grades shown on the accepted plans. The recommendations contained in the preliminary geotechnical investigation report and /or the attached Special Provisions are a part of the Recommended Grading Specifications and shall supersede the provisions contained hereinafter in the case of conflict. These specifications shall only be used in conjunction with the geotechnical report for which they are a part. No deviation from these specifications will be allowed, except where specified in the geotechnical report or in other written communication signed goby the Geotechnical Engineer. OBSERVATION AND TESTING Christian Wheeler Engineering shall be retained as the Geotechnical Engineer to observe and test the earthwork in accordance with these specifications. It will be necessary that the Geotechnical Engineer or his representative provide adequate observation so that he may provide his opinion as to whether or not the work was accomplished as specified. It shall be the responsibility of the contractor to assist the Geotechnical Engineer and to keep him appraised of work schedules, changes and new information and data so that he may provide these opinions. In the event that any unusual conditions not covered by the special provisions or preliminary geotechnical report are encountered during the grading operations, the Geotechnical Engineer shall be contacted for further recommendations. If, in the opinion of the Geotechnical Engineer, substandard conditions are encountered, such as questionable or unsuitable soil, unacceptable moisture content, inadequate compaction, adverse weather, etc., construction should be stopped until the conditions are remedied or corrected or he shall recommend rejection of this work. CINE 199 270 June 3, 1999 Appendix A, Page A -2 Tests used to determine the degree of compaction should be performed in accordance with the following American Society for Testing and Materials test methods: Maximum Density & Optimum Moisture Content - ASTM D- 1557 -91 Density of Soil In -Place - ASTbf D- 1556 -90 or ASTM D -2922 All densities shall be expressed in terms of Relative Compaction as determined by the foregoing ASTM testing procedures. PREPARATION OF AREAS TO RECEIVE FILL All vegetation, brush and debris derived from clearing operations shall be removed, and legally disposed of. All areas disturbed by site grading should be left in a neat and finished appearance, free from unsightly debris. After clearing or benching the natural ground, the areas to be filled shall be scarified to a depth of 6 inches, brought to the proper moisture content, compacted and tested for the specified minimum degree of compaction. All loose soils in excess of 6 inches thick should be removed to firm natural ground which is . defined as natural soil which possesses an in -situ density of at least 90 percent of its maximum dry density. \When the slope of the natural ground receiving fill exceeds 20 percent (5 horizontal units to 1 vertical unit), the original ground shall be stepped or benched. Benches shall be cut to a firm competent formational soil. The lower bench shall be at least 10 feet wide or 1 -1/2 times the equipment width, whichever is greater, and shall be sloped back into the hillside at a gradient of not less than two (2) percent All other benches should be at least 6 feet wide. The horizontal portion of each bench shall be compacted prior to receiving fill as specified herein for compacted natural ground. Ground slopes flatter than 20 percent shall be benched when considered necessary by the Geotechnical Engineer. Any abandoned buried structures encountered during grading operations must be totally removed. All underground utilities to be abandoned beneath any proposed structure should be removed from within 10 feet of the structure and properly capped off. The resulting depressions from the above described procedure should be backfilled with acceptable soil that is compacted to the requirements of the Geotechnical Engineer. This includes, but is not limited to, septic tanks, fuel tanks, sewer lines or leach lines, storm drains and water lines. Any buried structures or utilities not to be abandoned should be brought to the attention of the Geotechnical Engineer so that he may determine if any special recommendation will be necessary-. CWE 199.270 June 3, 1999 Appendix A, Page A -3 All water wells which will be abandoned should be backfilled and capped in accordance to the requirements set forth by the Geotechnical Engineer. The top of the cap should be at least 4 feet below finish grade or 3 feet below the bottom of footing whichever is greater. The type of cap will depend on the diameter of the well and should be determined by the Geotechnical Engineer and /or a qualified Structural Engineer. FILL MATERIAL Materials to be placed in the fill shall be approved by the Geotechnical Engineer and shall be free of vegetable matter and other deleterious substances. Granular soil shall contain sufficient fine material to fill the voids. The definition and disposition of oversized rocks and expansive or detrimental soils are covered in the geotechnical report or Special Provisions. Expansive soils, soils of poor gradation, or soils with low strength characteristics may be thoroughly mixed with other soils to provide satisfactory fill material, but only with the explicit consent of the Geotechnical Engineer. Any import material shall be approved by the Geotechnical Engineer before being brought to the site. PLACING AND COMPACTION OF FILL . Approved fill material shall be placed in areas prepared to receive fill in layers not to exceed 6 inches in compacted thickness. Each layer shall have a uniform moisture content in the range that will allow the compaction effort to be efficiently applied to achieve the specified degree of compaction. Each layer shall be uniformly compacted to the specified minimum degree of compaction with equipment of adequate size to economically compact the layer. Compaction equipment should either be specifically designed for soil compaction or of proven reliability. The minimum degree of compaction to be achieved is specified in either the Special Provisions or the recommendations contained in the preliminary geotechnical investigation report. When the structural fill material includes rocks, no rocks will be allowed to nest and all voids must be carefully filled with soil such that the minimum degree of compaction recommended in the Special Provisions is achieved. The maximum size and spacing of rock permitted in structural fills and in non- structural fills is discussed in the geotechnical report, when applicable. Field observation and compaction tests to estimate the degree of compaction of the fill will be taken by the Geotechnical Engineer or his representative. The location and frequency of the tests shall be at the Geotechnical Engineers discretion. When the compaction test indicates that a particular layer is at less than CWE 199.270 June 3, 1999 Appendix A, Page A -4 the required degree of compaction, the laver shall be reworked to the satisfaction of the Geotechnical Engineer and until the desired relative compaction has been obtained. Fill slopes shall be compacted by means of sheepsfoot rollers or other suitable equipment. Compaction by sheepsfoot roller shall be at vertical intervals of not greater than four feet. In addition, fill slopes at a ratio of two horizontal to one vertical or flatter, should be trackrolled. Steeper fill slopes shall be over -built and cut- back to finish contours after the slope has been constructed. Slope compaction operations shall result in all fill material six or more inches inward from the finished face of the slope having a relative compaction of at least 90 percent of maximum dry density or the degree of compaction specified in the Special Provisions section of this specification. The compaction operation on the slopes shall be continued until the Geotechnical Engineer is of the opinion that the slopes will be surficially stable. Density tests in the slopes will be made by the Geotechnical Engineer during construction of the slopes to determine if the required compaction is being achieved. Where failing tests occur or other field problems arise, the Contractor will be notified that day of such conditions by written communication from the Geotechnical Engineer or his representative in the form of a daily field report . If the method of achieving the required slope compaction selected by the Contractor fails to produce the necessary results, the Contractor shall rework or rebuild such slopes until the required degree of compaction is obtained, at no cost to the Owner or Geotechnical Engineer. CUT SLOPES The Engineering Geologist shall inspect cut slopes excavated in rock or lithified formational material during the grading operations at intervals determined at his discretion. If any conditions not anticipated in the preliminary report such as perched water, seepage, lenticular or confined strata of a potentially adverse nature, unfavorably inclined bedding, joints or fault planes are encountered during grading, these conditions shall be analyzed by the Engineering Geologist and Geotechnical Engineer to determine if mitigating measures are necessary. Unless otherwise specified in the geotechnical report, no cut slopes shall be excavated higher or steeper than that allowed by the ordinances of the controlling governmental agency. C%VE 199 270 June 3, 1999 Appendix A, Page A -5 ENGINEERING OBSERVATION Field observation by the Geotechnical Engineer or his representative shall be made during the filling and compaction operations so that he can express his opinion regarding the conformance of the grading with acceptable standards of practice. Neither the presence of the Geotechnical Engineer or his representative or the observation and testing shall release the Grading Contractor from his duty to compact all fill material to the specified degree of compaction. SEASON LIMITS Fill shall not be placed during unfavorable weather conditions. When work is interrupted by heavy rain, filling operations shall not be resumed until the proper moisture content and density of the fill materials can be achieved. Damaged site conditions resulting from weather or acts of God shall be repaired before acceptance of work. RECOMMENDED GRADING SPECIFICATIONS - SPECIAL PROVISIONS • RELATIVE COMPACTION: The minimum degree of compaction to be obtained in compacted natural ground, compacted fill, and compacted backfrll shall be at least 90 percent. For street and parking lot subgrade, the upper six inches should be compacted to at least 95 percent relative compaction. EXPANSIVE SOILS: Detrimentally expansive soil is defined as clayey soil which has an expansion index of 50 or greater when tested in accordance with the Uniform Building Code Standard 29 -C. OVERSIZED MATERIAL: Oversized fill material is generally defined herein as rocks or lumps of soil over 6 inches in diameter. Oversized materials should not be placed in Ell unless recommendations of placement of such material is provided by the Geotechnical Engineer. At least 40 percent of the fill soils shall pass through a No. 4 U.S. Standard Sieve. TRANSITION LOTS: Where transitions between art and fill occur within the proposed building pad, the cut portion should be undercut a minimum of one foot below the base of the proposed footings and recompacted as structural backfill. In certain cases that would be addressed in the geotechnical report, special footing reinforcement or a combination of special footing reinforcement and undercutting may be required. CWE 199.270 June 3, 1999 Appendix B, Page B1 REFERENCES Anderson, J.G.; Rockwell, R.K and Agnew, D.C., 1989, Past and Possible Future Earthquakes of Significance to the San Diego Region, Earthquake Spectra, Volume 5, No. 2, 1989. California Division of Mines and Geology, 1998, Maps of Known Active Fault Near Source -Zones in California and Adjacent Portions of Nevada. Countywide Flood Insurance Rate Map, Map No. 06073C106417 (panel 1064 of 2375), prepared by the Federal Emergency Management Agency, effective date June 19, 1997. Jennings, C.W., 1975, Fault Map of California, California Division of Mines and Geology, Map No. 1, Scale 1:750,000. Kem, P., 1989, Earthquakes and Faults in San Diego County, Pickle Press, 73 pp. Mualchin, L and Jones, A.L., 1992, Peak Acceleration from Maximum Credible Earthquakes in . California (Rock and Stiff -Soil Sites) California Division of Mines and Geology Open -File Report 92 -1. Tan, S.S., 1995, Landslide Hazards in the Northern Part of the San Diego Metropolitan Area, San Diego County, California, California Division of Mines and Geology Open -File Report 95 -03. Tan, Siang S., and Kennedy, Michael P., 1996, Geologic Map of the Encinitas And Rancho Santa Fe 75' Quadrangles, San Diego County, California, California Division of Mines and Geology Open -File Report 96-02. Wesnousky, S.G., 1986, "Earthquakes, Quaternary Faults, and Seismic Hazards in California', in Journal of Geophysical Research, Volume 91, No. B12, pp 12,587 to 12,631, November 1986. G.S. Geological Survey, 1953, 7 'A Minute Topographic Maps, Encinitas Quadrangle. G.S. Geological Survey, 1967, 7 'A Minute Topographic Maps, Encinitas Quadrangle. City of Encinitas June 14. 2000 Pirouz & Azita Etemad 13445 Mango Drive Del Mar. CA 92014 ENGINEERING SERVICES DEPARTMENT capital Improvement Projects District Support Services Field Operations Sand ReplenishmenVStonnnxater Compliance Subdivision Engineering Traffic Englneenng Re: Tentative Parcel Map 97 -281 "portion Lot 12, Rancho las Encinitas" (Minor subdivision of 3 SFD parcels @ 1735 Olivenhain Rd) Grading Application 5768GR [Rough Grading /Erosion Control /Private Road] Improvement Application 576SIR (Public Road, Deferred Monuments) A.P.N. 255- 221.32 Permit issuance requirements This correspondence briefly summarizes the Engineering Permit process. Drawing 5768 - G and Drawing 5768 -I, and the mylar original of the Final Parcel Map, corresponding checkprints and draft documents, have been resubmitted, subject to a fifth review. Upon satisfactory completion of the review, the Director of Engineering Services will need to sign his approval, which will be valid for three years. In order to obtain the necessary Engineering Permits to construct per these Drawings, you will need to satisfy the following requirements: 0 ) Ensure that the proposed Final Parcel Map is technically correct. (2) Obtain all plan approvals then provide 4 blueline copies of each approved Drawing. 13) Post Security Deposits as follows: (a)GRADING PERMIT... in the amount of $34.468.00 to guarantee performance of earthwork, site retaining walls, storm drainage, common access, and erosion control, and (b)IMPROVEMENT PERMIT... in the amount of $5,148.00 to guarantee performance of public road improvements, and in the amount of $600.00 to guarantee deferred monuments' performance and payment. Of the amount in 3(a), up to $29,370.00, and of the amounts in 3(b), 100 %, may be in the form of a Performance Bond, and, in the case of deferred monuments, a Labor and Materials Bond, issued by a State of California licensed surety company. The balance of the amount in 3(a), a minimum of $5,098.00, 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. MM /jsg/97 -281 Hoc I TEL -60 631 2600 1 FAX -60 -633 -2627 5115 S. Vulcan Avenue, Encinitas. California '• -0_'d -3633 TDD 760 -633 -2700 14115, recycled paper (41 Pay an additional Plan Check Fee of $100.00 for Erosion Control. (5) Pay non- refundable Inspection Fees as follows: (a)GRADING PERMIT... of $1,723.00, (b)IMPROVEMENT PERMIT... of $257.00, and (6) Pay a Flood Control Fee of $672.00. The rate is $0.21 /SF and is assessed on the common driveway. Additional assessments will be levied during the development of the parcels. (7) Provide the name, address, telephone number, and state license number and type of the construction contractor. Construction and repair of public improvements is restricted to qualified contractors. Depending on the work to be done, the contractor will need to possess as follows either a valid: (a) Type "A" General Engineering, any work, (b) Type "C -8" Concrete, apron, curb, gutter, and sidewalk, or (c) Type "C -12" Grading & Paving, any surface improvement, state license, and meet the minimum insurance requirements as stated on the accompanying handout. (8) Provide a work schedule per Municipal Code 23.24.200. (9) Sign the Permits and Right -of -way Standard Conditions. 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 you or your contractor scheduling the mandatory pre - construction conference. For more detail, especially on whose attendance is needed, and as a reminder, see Grading Note 48 and Improvement Note 914. Informal phasing of the project may necessitate more than one such conference. A separate Right -of -way Construction Permit will be required for any work in the public right - of -way of Olivenhain Road that is not shown on the approved Drawings. Typically, this work may include excavation, backfill, and resurfacing to install electric, gas, telephone, and cable television lines, and set their vaults and pedestals. A Permit Fee of $250.00 per application, and a site plan, preferably the work order issued by the public utility, will be required. The contractor license and insurance requirements will remain unchanged. Permits must be issued at least 48 hours in advance of the start of work. Haul Routes, Traffic Control Plans, and Transportation Permits, all are handled by the Traffic Engineering Division, which can be contacted at (760) 633.2704. An acceptable Traffic Control Plan will be required prior to the start of any work within the Olivenhain Road right -of -way. A typical plan shows all delineation, tapering, advance signage, temporary striping, barricades, and Flagman positions, and provides a schedule of operations. MM /jsg/97 -281 i.doc2 Pursuant to Fire Department rules and regulations, prior to any combustible materials being ' placed on -site, the common driveway shall have received its first lift of asphalt paving. 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. Substantial increases in valuation due to the proposed changes may be cause for assessment and collection of additional inspection fees and security deposit. Prior to issuance of any 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, substantial completion of improvements, and safe access. A proportional reduction of up to 75% of the Security Deposit assigned to the Grading Permit may be merited and forthcoming. As- builts of Drawing 5768 -G and Drawing 5768 -1, prepared by the Engineer of Work and approved by the Engineering Services Department, will be required prior to Final (Grading) Inspection and (Improvement) Acceptance Inspection. Verification by the assigned Engineering Inspector of the setting of monuments deferred since approval of the Final Parcel Map, and certification and proof of payment for labor and materials, all by the Preparer of the Map, will be required prior to Final Inspection and Acceptance Inspection. Filing of Corner Records may be required. Submittal, approval, and recordation of a Certificate of Correction will be required if there are any changes in the implementation of Final Parcel Map instructions. Satisfactory resolution of all deferred monument issues will merit release of the Security Deposit assigned. Satisfactory completion of Final Inspection is a prerequisite to full release of the Security Deposit assigned to the Grading Permit. Please note that Building Permit final inspections are a separate event apart from any Engineering Permit final inspection and are not necessarily coincidental. Satisfactory conclusion of Acceptance Inspection and formal acceptance by the City Council is a prerequisite to a 75% reduction in the Security Deposit guaranteeing performance of public road improvements, and start of the mandatory one -year Warranty Period. The retention shall be held for the duration of the Warranty Period and will be released only after the satisfactory completion of the Warranty Inspection. The Warranty Inspection cannot be scheduled until after the expiration of the Warranty Period. This letter does not change subdivider or successor -in- interest obligations per the proposed Parcel Map. 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, and Fire Prevention Bureau, all of the City, and the Olivenhain Municipal Water District, Leucadia County Water District, Encinitas Union School District and San Dieguito Union High School District, all separate public agencies. Please inquire at their respective counters. MM /jsg /97 -281 i.doc3 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 traffic mitigation and additional flood control fees. Certain impact fees are subject to substantial increase in the near future; you may elect to pay early but only after formal submittal of building plans. If there should be a substantial delay in the start of your project, please request an update of this letter. 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 Carl Steffens, Preparer of Map Greg Shields, Senior Civil Engineer Carla Kay, Engineering Inspector Greg Caudill, Engineering Technician permit/file enc Subdivision Improvement SecuritV Obligation Agreement Right- of -waV Construction Permit Standard Conditions Requirements for Proof of Insurance Utility trench Backfill and Resurfacing Standard MM /jsg/97.28I i.doc4 [STNLISMFD IS]] �1 Gn REAL ESTATE LOANS • MORTGAGE INVESTMENTS 2727 CANINO DEL RIO SOUTH . SUITE 125 SAN DIEGO, CALIFORNIA 92108 -3767 PHONE (619) 291 -5913 FAx (619) 291 -0625 July 10, 2001 TO: Finance Manager City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Re: Our Loan No. 01 -3774 Mohammad Atefi Parcels 1,2 & 3 P, #18518 Olivenhain Rd. City of Encinitas The undersigned NOEL H. BRIDGE & CO. having an office in the County of San Diego, hereby establishes an Irrevocable Standby Letter of Credit [this "Credit "] in favor of the City of Encinitas. 2. The aggregate amount drawn against this Credit shall not exceed FIVE THOUSAND, SEVEN HUNDRED AND FORTY EIGHT DOLLARS [5,748] 3. This credit shall be available by your drafts drawn at sight and accompanied by a duly signed certificate of the City Engineer of the City of Encinitas in form and of content as set forth in the attached Exhibit A or Exhibit B [a "Certificate]. Noel H. Bridge & Co. shall have no responsibility whatsoever for verifying or investigating the truth of any matter stated in a Certificate. 4. Automatic renewal is required. In the event the draft or drawing under this Letter of Credit is for an amount less than the amount available under this Letter of Credit, the original Letter of Credit shall be endorsed by Noel H. Bridge & Co. in the amount of the draft or drawing. After such endorsement for partial drawing, Noel H. Bridge & Co. shall forthwith return the original of this Letter of Credit to the City of Encinitas. Page 2 This Credit is subject to the Uniform Custom and Practice for Documentary Credits [1983 Revision], International Chamber of Commerce [Publication #400]. In the event this Letter of Credit shall not have been drawn upon and shall expire during any interruption of business as described in Article 19 of said publication 400, Noel H. Bridge & Co. hereby agrees specifically to permit a draft on or under this Letter of Credit for a period of thirty [30] days after the resumption of business as also defined therein. NOEL H- H BRIDG/E & CO- B y: l i 3. Bri DBA Noel H. Bridge & Co. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On July 10, 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared ponW lmown to me [or proved to me on a iisrs o sfactory evidence) to be the ers 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. -544ff _Q/ Witness my hand and official seal NotaO Public in and for said State JOMJA A. POUiGM Com.6ft 01214"1 meson Oleo�o c� M,,carm.t�lerNOVta� i Page 3 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On said State, personally before me, the undersigned, a Notary Public in and for personally known to me [or 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 ACCEPTED: Date: Notary Public in and for said State CITY OF ENCINITAS M Finance Manager Date: By: City Engineer CERTIFICATE OF CITY ENGINEER TO ACCOMPANY DRAFT(S) DRAWN UNDER (Financial Institution's Identification number or other designationfor this Credit] Re: [Property Location or Project Description] [name] do hereby certify that 1 am the City Engineer of the City of Encinitas and d0 further certify that: (1) [name of subdivider /grantee] has not satisfactorily compiled with the terms and conditions of that certain covenant (the - Covenant -) regarding real property public /private Improvements required as a condition of the [e.g. variance, use permit, other entitlement, or subdivision] dated 19_; and (� The Covenant remains outstanding and in full force and effect as of the date hereof. Dated: City Engineer of the City of Encinitas (Note: in cases of no recorded covenant, substitute term "Covenant" with "permit" and reference the appropiate municipal ordinance,) EXHIBIT A SS1031PPM2- 225wp15 6(02 -26- 93\10) CERTIFICATE OF CITY ENGINEER TO ACCOMPANY DRAFT(S) DRAWN UNDER [Financial institution's Identification number or other designation for this Credit] Re: [Property Location or Project Description] I, [name] do hereby certify that I am the City Engineer of the City of Encinitas and do further certify that: the draft or drawing against _ ___ [Name of Financial Institution] Letter of Credit No. _ In the principal amount of S Dollars (U.S. ;_ - Is being made solely due to the fact the Letter of Credit shall expire wtthln 90 days, or less, and has not been renewed or replaced by _ [name of subdivider /grantee]. The original Letter of Credit, together with all other required documentation, are herewith enclosed and said Lotter of Credit Is to be cancelled, upon receipt and payment drawn for the full amount avallabte under said Letter of Credit. Dated: EXHIBIT B SS /03/PPM2- 225wP15 9(02 -26- 93110) City Engineer of the Ctty of Encinitas CERTIFICATE OF CITY ENGINEER TO ACCOMPANY DRAFT(S) DRAWN UNDER [Financial Institution's Identification number or other designation for this Credit] Re: [Property Location or Project Description] I, [name] do hereby certify that I am the City Engineer of the City of Encinitas and do further certify that: (1) [name of subd[vlder /grantee] has not satisfactorily compiled with the terms and conditions of that certain covenant (the 'Covenant-) regarding real property public /private Improvements required as a condition of the [e.g. variance, use permit, other entitlement, or subdivision] dated 19__; and (2) The Covenant remains outstanding and in lull force and effect as of the date hereof. City Engineer of the City Encinitas (Note: in cases of no recorded covenant, substitute term "Covenant" with "Permit" and reference the appropiate municipal ordinance.) EXHIBIT A SS /03 /PPM2- 225wpl5 8(02.26 - 93\10) CERTIFICATE OF CITY ENGINEER TO ACCOMPANY DRAFT(S) DRAWN UNDER [Financial Institution's Identification number or other dealgnation for this Credit] Re: [Property Location or Project Description] I, [name] do hereby certify that I am the City Engineer of the City or Encinitas and do further certify that: the draft or drawing against _ —_ [Name of Financial Inwituilon] Letter of Credit No. _ In the principal amount of S Dollars (U.S. $} Is being made solely due to the fact the Letter of Credit shall expire within 90 days, or less, and has not been renewed or replaced by _ [name of subdtvlder /grantee]. The original Letter of Credit, together with all other required documentation, are herewith enclosed and said Letter of Credit Is to be cancelled, upon receipt and payment drawn for the full amount available under said Letter of Credit. Dated: EXHIBIT B SS /03 /PPM2- 225wptS 9(02.25- 93110) City Engineer of the City of Encinitas DBY _ *bbse & av- xsu�uaHm uxa REAL ESTATE LOANS • MORTGAGE INVESTMENTS 2727 CAMINO DEL RIO SOUTH . SUITE 125 SAN DIEao. CALIFORNIA 92108 -3767 PHONE (619) 291 -5913 F" (619) 291 -0625 July 10, 2001 TO: Finance Manager City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Re: Our Loan No. 01 -3774 Mohammad Atefi Parcels 1,2.& 3 PM #18518 Olivenhain Rd. City of Encinitas The undersigned NOEL H. BRIDGE & CO. having an office in the County of San Diego, hereby establishes an Irrevocable Standby Letter of Credit [this "Credit "] in favor of the City of Encinitas. The aggregate amount drawn against this Credit shall not exceed THIRTY FOUR THOUSAND, FOUR HUNDRED AND SIXTY EIGHT DOLLARS [34,468] This credit shall be available by your drafts drawn at sight and accompanied by a duly signed certificate of the City Engineer of the City of Encinitas in form and of content as set forth in the attached Exhibit A or Exhibit B [a "Certificate]. Noel H. Bridge & Co. shall have no responsibility whatsoever for verifying or investigating the truth of any matter stated in a Certificate. 4. Automatic renewal is required. In the event the draft or drawing under this Letter of Credit is for an amount less than the amount available under this Letter of Credit, the original Letter of Credit shall be endorsed by Noel H. Bridge & Co. in the amount of the draft or drawing. After such endorsement for partial drawing, Noel H. Bridge & Co. shall forthwith return the original of this Letter of Credit to the City of Encinitas. Page 2 5. This Credit is subject to the Uniform Custom and Practice for Documentary Credits [1983 Revision], International Chamber of Commerce [Publication #400]. In the event this Letter of Credit shall not have been drawn upon and shall expire during any interruption of business as described in Article 19 of said publication 400, Noel H. Bridge & Co. hereby agrees specifically to permit a draft on or under this Letter of Credit for a period of thirty [301 days after the resumption of business as also defined therein. NOEL H. BRIDGE & CO. By: Daniel I4. B dgge� DBA Noel H. Bridge & Co. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On July 10, 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared Dnniel ra Bridge pcLsonally-knnwn to mP [or 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. A Witness my hand and official seal Nota# Public in and for said State �Ir; �j' PR Page 3 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me for 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 ACCEPTED: Date: Date: Notary Public in and for said State CITY OF ENCINITAS !0 Finance Manager City Engineer I, do further certify that: CERTIFICATE OF CITY ENGINEER TO ACCOMPANY DRAFT(S) DRAWN UNDER [Financial Institution's Ident'dfcation number or other designabonfor this Credit] Re: [Property Location or Project Description] [name] do hereby certify that I am the City Engineer of the Clty of Encinitas and (1) [name of subdlvider /grantee] has not satisfactorily compiled with the terms and conditions of that certain covenant (the 'Covenant') regarding real properly public /private Improvements required as a condition of the (e.g. variance, use permit, other entitlement, or subdivision] dated �, 18-; and (2) The Covenant remains outstanding and in full force and effect as of the date hereof. Dated, City Engineer of the City of Encinitas (Note: in cases of no recorded covenant, substitute term "Covenant" with "permit" and reference the appropiate municipal ordinance.) EXHIBIT A SS /C)3/PPM2- 225wp15 8(02 -26- 93`10) CERTIFICATE OF CITY ENGINEER TO ACCOMPANY DRAFT(S) DRAWN UNDER [Financial Institution's Identification number or other designation for this Credit] Re: [property Location or Project Description] I, [name] do hereby certify that I am the City Engineer of the City of Encinitas and do further certify that: the draft or drawing against _ [Name of Financial institution] Latter of Credit No. In the principal amount of 5 Dollars (U.S. $ _ — Is being made solely due to the fact the Letter of Credit shall expire within 90 days, or less, and has not been renewed or replaced by _ [name of subdivider /grantee]. The original Letter of Credit, together with ell other required documentation, are herewith enclosed and said Letter of Credit Is to be cancelled, upon receipt and payment drawn for the full amount available under said Letter of Credit. Dated: EXHIBIT B SS /D3 /PPM2.225wp15 9(02.26- 93110) City Engineer of the Clty of Encinitas ENGINEERING SERVICES DEPARTMENT Capital Improvement Projects City of District Support Services Field Operations Encinitas Sand ReplenishmentlStormwater Compliance Subdivision Engineering Traffic Engineering June 14, 2000 Pirouz & Azita Etemad 13445 Mango Drive Del Mar, CA 92014 Re: Tentative Parcel Map 97 -281 "portion Lot 12, Rancho las Encinitas" {Minor subdivision of 3 SFD parcels @ 1735 olivenhain Rd} Grading Application 5768GR [Rough Grading /Erosion Control /Private Road] Improvement Application 5768IR [Public Road, Deferred Monuments] A.P.N. 255. 221 -32 Permit issuance requirements This correspondence briefly summarizes the Engineering Permit process. Drawing 5768 - G and Drawing 5768 -I, and the mylar original of the Final Parcel Map, corresponding checkprints and draft documents, have been resubmitted, subject to a fifth review. Upon satisfactory completion of the review, the Director of Engineering Services will need to sign his approval, which will be valid for three years. In order to obtain the necessary Engineering Permits to construct per these Drawings, you will need to satisfy the following requirements: (1) Ensure that the proposed Final Parcel Map is technically correct. (2) Obtain all plan approvals then provide 4 blueline copies of each approved Drawing. (3) Post Security Deposits as follows: (a)GRADING PERMIT... in the amount of $34,468.00 to guarantee performance of earthwork, site retaining walls, storm drainage, common access, and erosion control, and (b]IMPROVEMENT PERMIT... in the amount of $5,148.00 to guarantee performance of public road improvements, and in the amount of $600.00 to guarantee deferred monuments' performance and payment. Of the amount in 3(a), up to $29,370.00, and of the amounts in 3(b), 100 %, may be in the form of a Performance Bond, and, in the case of deferred monuments, a Labor and Materials Bond, issued by a State of California licensed surety company. The balance of the amount in 3(a), a minimum of $5,098.00, 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. MM /jsg/97 -281 i.doc I TEL 760 - 633 -2600 / FAX 760 -633 -2627 505 S. Vulcan Avcnue, Encinitas, California 92024 -3633 Too 760- 633-2700 ! recycled paper (4) Pay an additional Plan Check Fee of $100.00 for Erosion Control. (5) Pay non - refundable Inspection Fees as follows: (a)GRADING PERMIT... of $1,723.00, (b)IMPROVEMENT PERMIT... of $257.00, and (6) Pay a Flood Control Fee of $672.00. The rate is $0.21 /SF and is assessed on the common driveway. Additional assessments will be levied during the development of the parcels. (7) Provide the name, address, telephone number, and state license number and type of the construction contractor. Construction and repair of public improvements is restricted to qualified contractors. Depending on the work to be done, the contractor will need to possess as follows either a valid: (a) Type "A" General Engineering, any work, (b) Type "C -8" Concrete, apron, curb, gutter, and sidewalk, or (c) Type "C -12" Grading & Paving, any surface improvement, state license, and meet the minimum insurance requirements as stated on the accompanying handout. (8) Provide a work schedule per Municipal Code 23.24.200. (9) Sign the Permits and Right -of -way Standard Conditions. 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 you or your contractor scheduling the mandatory pre- construction conference. For more detail, especially on whose attendance is needed, and as a reminder, see Grading Note #8 and Improvement Note #14. Informal phasing of the project may necessitate more than one such conference. A separate Right -of -way Construction Permit will be required for any work in the public right - of -way of Olivenhain Road that is not shown on the approved Drawings. Typically, this work may include excavation, backfill, and resurfacing to install electric, gas, telephone, and cable television lines, and set their vaults and pedestals. A Permit Fee of $250.00 per application, and a site plan, preferably the work order issued by the public utility, will be required. The contractor license and insurance requirements will remain unchanged. Permits must be issued at least 48 hours in advance of the start of work. Haul Routes, Traffic Control Plans, and Transportation Pennits, all are handled by the Traffic Engineering Division, which can be contacted at (760) 633 -2704. An acceptable Traffic Control Plan will be required prior to the start of any work within the Olivenhain Road right -of -way. A typical plan shows all delineation, tapering, advance signage, temporary striping, barricades, and flagman positions, and provides a schedule of operations. MM /jsg/97 -281 i.doc2 Pursuant to Fire Department rules and regulations, prior to any combustible materials being placed on -site, the common driveway shall have received its first lift of asphalt paving. 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. Substantial increases in valuation due to the proposed changes may be cause for assessment and collection of additional inspection fees and security deposit. Prior to issuance of any 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, substantial completion of improvements, and safe access. A proportional reduction of tip to 75% of the Security Deposit assigned to the Grading Permit may be merited and forthcoming. As- builts of Drawing 5768 -G and Drawing 5768 -1, prepared by the Engineer of Work and approved by the Engineering Services Department, will be required prior to Final (Grading) Inspection and (Improvement) Acceptance Inspection. Verification by the assigned Engineering Inspector of the setting of monuments deferred since approval of the Final Parcel Map, and certification and proof of payment for labor and materials, all by the Preparer of the Map, will be required prior to Final Inspection and Acceptance Inspection. Filing of Corner Records may be required. Submittal, approval, and recordation of a Certificate of Correction will be required if there are any changes in the implementation of Final Parcel Map instructions. Satisfactory resolution of all deferred monument issues will merit release of the Security Deposit assigned. Satisfactory completion of Final Inspection is a prerequisite to full release of the Security Deposit assigned to the Grading Permit. Please note that Building Permit final inspections are a separate event apart from any Engineering Permit final inspection and are not necessarily coincidental. Satisfactory conclusion of Acceptance Inspection and formal acceptance by the City Council is a prerequisite to a 75% reduction in the Security Deposit guaranteeing performance of public road improvements, and start of the mandatory one -year Warranty Period. The retention shall be held for the duration of the Warranty Period and will be released only after the satisfactory completion of the Warranty Inspection. The Warranty Inspection cannot be scheduled until after the expiration of the Warranty Period. This letter does not change subdivider or successor -in- interest obligations per the proposed Parcel Map. 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, and Fire Prevention Bureau, all of the City, and the Olivenhain Municipal Water District, Leucadia County Water District, Encinitas Union School District and San Dieguito Union High School District, all separate public agencies. Please inquire at their respective counters. MM /jsg/97 -281 i.doc3 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 traffic mitigation and additional flood control fees. Certain impact fees are subject to substantial increase in the near future; you may elect to pay early but only after formal submittal of building plans. If there should be a substantial delay in the start of your project, please request an update of this letter. 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, Ir� Jeffrey S. Garami Engineering Technician Subdivision Engineering cc Carl Steffens, Preparer of Map Greg Shields, Senior Civil Engineer Carla Kay, Engineering Inspector Greg Caudill, Engineering Technician permiUfile enc Subdivision Improvement SecuntV Obligation Agreement Right -of -way Construction Permit Standard Conditions Requirements for Proof of insurance Utility Trench Backfiil and Resurfacing Standard MM /jsg/97 -281 i.doc4 w" ANP ENGINEERING COST ESTIMATE FOR 5768 -I 11i1ka"I CURB &GUTTER 6 INCH TYPE G 95 LF $13.75/LF $ 1306.25 CURB & GUTTER REMOVAL 111 LF $ 3.10/LF $ 566.10 DRIVEWAY 192 S.F. $ 3.95/S.F. $ 758.40 SIDEWALK G -7 475 S.F $ 3.65/S.F. $ 1733.75 PAVING,A.C.(5" ) 56 S.F. $ 2.00 /S.F. $ 112.00 SUBTOTAL $ 4476.50 TRAFFIC CONTRO 5% $ 223.83 CONTINGENCY (10% $ 447.65 SUB -TOTAL $ 5148.00 Cc� To w�`s,,an � � t.10 ° -1 'Przry,L2ssc ..rte aQ ET d ExP Q�63� � Q CIV slATE OF of / t-4 /47V f. October 4, 1999 City Engineer City of Encinitas Dear Sir: Carl A Steffens CIVIL ENGINEER LAND SURVEYOR 619 -465 -5139 6233 Boulder Lake Ave San Diego CA 92119 Subject: Deferred Staking- - TPM 97 -281 The cost of deferred staking on Subject TPM is estimated at $600.00 Sincerely, 6LC1, Carl A. Steffens RCE 19247 Exp. 9 -30 -01 F�o� No' M4) N ^ a EZP.04/301,61 ANP ENGINEERING COST ESTIMATE FOR 5768 —G (1735 OLIVENHAIN ROAD, ENCINITAS, CALIFORNIA) WtIf • :.rm cur COST TOW I EXCAVATION 624 CY S 4.10 /CY S 2558.40 SLOPE PLANTING (Hydro- Seedin) 4236 SQ. FT. S 110.00 /1000 SQ. FT. $ 465.96 SLOPE IRRIGATION 4236 SQ. FT. S 556.00/1000 SQ. FT. $ 2355.22 RETAINING WALL 175 LF $ 17.30/LF $ 3027.50 6 "DIA. PVC DRAINAGE 190 LF S 34.00/LF $ 6460.00 EROSION CONTROL 1680 SAND BAGS $1.00 EACH $ 1680.00 3 inch A.C. Paving 3200 S.F. $ 1.25/S Q, FT. $ 4000.00 6 inch gravel base 3200 S.F. $ 0.90/S Q. FT. S 2880.00 Paving ation 3200 S.F. $ 0.40/S Q. FT. $ 1280.00 6' Dia. PVC 180 LF S 34.00/1-F S 6120.00 #3 BOX W/ METAL GRATE 3 $ 43.00 EACH S 129.00 IMPORT 44 $ 8.60 1CY $ 378.40 SUBTOTAL 1 $31334.48 CONTINGENCY 11 10% 1 S 313 SUBTOTAL $34467.93 GaPY to -.IETF POP- �acess+N(, ¢ p ?ROFESS /p a� /��tlue7 tjo ep 01/ U. Orr W j �3 �9� CIVIL ..t ENGINEERING SERVICES DEPARTMENT APPLICATION N46. ENGINEERING DEVELOPMENT APPLICATION 108 SFTE ADDRESS ASSESSOR PARCEL NO. 1135 13 LIV1 =7U HAIN ROAD A-7p U 25,- 2'z1 -3Z STREET ADDRESS PROPERTY OWNER INFORMATION NAME, . Z I T (� 11°.O IA ZZ E e"o MAILING ADDREA i'POS "KG-a T)K- CITY, STATE, ZIP COD 12.6 14 TELEPHONE E S O 9- O Z K CIVIL ENINE GN D 7 NAME )2(p,0Wj- ETG I'J `D /Cp4q S, ADDRESS [ 3 445 A& \1 (Gp b P� . I CITY, S=ATE, ZIP REGISTRATION NO. C L 7220 /C lg Al CONTRACTOR INFORMATION OWNED, 9E Bu•I L(7 Eig NAME ADDRESS CITY, STATE, ZIP CODE STATE LICENSE NO. & TYPE SOILS ENGINEER INFORMAL LIVE EM NAME p.p. z ADDRESS % r Id C CI STr AgTTE, If REGISTRATION I _ DESCRIPTION OF WORK TO BE DONE PIRov'z ETENAD PRINT NAME TYPE OF APPLICATION [ ] AGREEMENT, COV., DOC. [ [ BEACH ENCROACHMENT [ J CONSTRUCTION [ FI AL MAP INAL PARCEL MAP [ je RADING IMPROVEMENT [ J OPERATIONS PERMIT: NEWSRACK [J PERMANENT ENCROACHMENT [ J SEWER CONSTRUCTION [ ] STREET NAME CHANGE [ ] STREET VACATION [ [ TEMPORARY ENCROACHMENT [ [ UTILITY CONSTRUCTION COMMENTS: TELEPHONE NO. ISS CASE NO.: -1- 2 8 iIGNED TELEPHONE NO. 9i�o W 1 (FOR OFFICE USE ONIYI DATE COMPLETED DEPOSITS AND ACPLN PAID PERMIT /APPLI N FEE: PLAN CHE FE EPOSIT: JJ_ ADDITION N CHECK FLOOD CONTROL FEE: INSPECTION FEE /DEPOSIT: SECURITY DEPOSIT: (CIRCLE ONE OF EACH) Jam— ASSIGN /BOND ASSIGN /BOND CASH /CD /LOC CASH /CD /LOC MONUMENTATION DEPOSIT: __ RETURN EXCESS DEPOSITS TO: Jam_ (J OWNER DATE: CONTRACTOR AMOUNT: 5 ENGINEER ( )OTHER .. w ENGINEERING DEVELOPMENT CHECKLIST GENERIC CHECKLIST SUBMITTAL REQUIREMENTS CIVIL ENGINEER REGISTRATION NO. RECORDED CONTRACTOR LICENSE NO. RELATED PERMIT & CASE N MBERS �ECURITY DEPOSIT POSTED _. LAN APPROVED (DATA V INITIAL REVIEW DEPOSIT/�E€9AIDI�a COST ESTIMATE APPROVED & ATTACHE lC6 DDITIONAL REVIEW DEPOSIT FEE PAID 4 BLUELINES RECEIVED INSPECTION DEPOSIT /�STED CERTIFICATE OF INSURANCE VALID SEWER CONSTRUCTION CHECKLIST PROJECT IDENTIFIED ON APPLICATIONS MAP WASTEWATER DISCHARGE PERMIT PROJECT IDENTIFIED ON REFERENCE MAP PARCEL ANNEXED TO E.S.D. OR C.S.D. SEWER BOOK CHECKED FOR COMMENT TOPOGRAPHY EVALUATED _ EASEMENT OR RIGHT -OF -WAY _ LATERAL OR MAIN PUBLIC SEWER MAIN NO. PLUMBING PERMIT CONTRACTOR LICENSE TYPE -A /C34 STANDARD CONDITIONS SIGNED CONSTRUCTION /IMPROVEMENT PERMIT AS- BUILTS REQUIRED WARRANTY RETENTION APPLIES / IMPROVEMENT CHECKLIST /PROJECT IDENTIFIED ON APPLICATIONS MAP i / PROJECT IDENTIFIED ON REFERENCE MAP IDE TMPROVEMENTTYPE �E ROA RAIN /PARK/TRAIL) CO CTOR LICENSE TYPE: A TANDARD CONDITIONS SIGNED TRAFFIC CONTROL PLAN ACCEPTED S BUILTS REQUIRED WARRANTY RETENTION APPLIES GRADING CHECKLIST PROJECT IDENTIFIED ON APPLICATIONS MAP CHIEF CRITERIA FOR PERMIT PROJECT IDENTIFIED ON REFERENCE MAP SOIL ENGINEER REGISTRATION NO. ST SUBMITTAL ROUTED TO PLANNING ONTRACTOR LICENSE TYPE PLANNING SIGNS MYLAR HAUL ROUTE DESIGNATED FLOOD CONTROL FEES: PRIVATE ROAD FvE S MAP CHECKLIST / PROJECT IDENTIFIED ON APPLICATIONS MAP _ LAND SURVEYOR REGISTRATION NO. PROJECT IDENTIFIED ON REFERENCE MAP MONUMENTATION DEFERRED? CONSTRUCTIC14 CHECKLIST STANDARD WORK ONLY TRAFFIC CONTROL PLAN ACCEPTED CONTRACTOR LICENSE TYPE- A /C8 /C 12 PERMIT FEE _ STANDARD CONDITIONS SIGNED PERMANENT ENCROACHMENT CHECKLIST _ NON- STANDARD WORKS STANDARD CONDITIONS SIGNED _ FIELD ENGINEER APPROVAL TRAFFIC CONTROL PLAN ACCEPTED _ MAINTENANCE AND REMOVAL COVENANT PERMIT FEE DOC 2000- 0411678 Recording Requested By: ) AUG 03. 2000 1:38 Phi > OFFICIAL RECORDS City of Encinitas j 4 0� SAH DIEGO all" RECORDER'S OFFICE GRE(iaRY J. SMITH, CUM RECORDER When Recorded Mail to: ) FEES: 25.00 City Clerk City of Encinitas ) 505 South Vulcan Avenue ) 2000.0311878 ^/ Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE ROAD MAINTENANCE AGREEMENT FOR Assessor's Parcel No.255- 221 -32 ProjectNo.: 5768 PM W.O. No.: TPM 97 -281 THIS AGREEMENT for the maintenance and repair of that certain private road easement, the legal description and/or plat of which is set forth in Exhibits attached hereto and made a part hereof, is entered into by Pirouz Etemad and Azita B. Etemad husband and wife as Joint tenants (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 WHEREAS, Developer is the owner of certain real property being subdivided and developed as TPM 97 -281 that will use and enjoy the benefit of said road easement. A complete legal description of said real property is attached, labelled Exhibit "A M, 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 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 �--� .00C it 2000- 0411677 Recording requested by: ) AUG 03a 2000 1:38 PM OFFICIAL RECORDS When Recorded Mail To: ) SAM DIEGO CUM RECORDER'S OFFICE )4 2 8 4 GEM J. SMITH, cooKly RECORDER City Clerk FEES: 70.00 ) City of Encinitas )� 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) 2000 - 0411877 SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: /((a INWROVENENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 255- 221 -32 Project No.: TPM 97 -281 W.O. No.: 5768 PM A. Pirouz Etemad and Azita B. Etemad. husband and wife • IMM ( "SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TPM 97 -281 ( "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 When Recorded Mail To City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 DOC * 000- 0411675 AUG 03. 2000 1:38 Ph arse OFFICIAL RECORDS SAN DIEGO MTY RECORDER'S OFFICE GREGORY J. SMITH, COIXTY RECORDER FES: 67.00 i1i1111111E1111 SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: t�G IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 255- 221 -32 Project No.: TPM 97 -281 W.O. No.: 5768 IR A. Pirouz Etemad and Azita B. Etemad, husband and wife as joint tenants ( "SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as ( "PROPERTY" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval subject to certain conditions requiring the construction of improvements by SUBDIVIDER. SUBDIVIDER has applied for final approval of the subdivision but has not constructed the required improvements. In consideration of the final approval of the subdivision of the PROPERTY by the City of Encinitas ( "CITY" hereinafter), SUBDIVIDER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment B which is attached hereto and made a part hereof. Recording Requested by When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 �G 4245 DOC * 2000-04110 74 AUG 03, 2000 1:38 PH OFFICIAL RECORDS SAN DIEGO COUNTY RECOR'DER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 43.00 1 2000- 0411674 SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 2V5'-2-7-(-32- Project No.: -rPo -. 41 - 281 W. 0. No.: 5748 --c- A. l�irtoJ L 7�xaao `�+ A Zits. g G fimk+n p ++utrjA1.l Ar+D 1J%G6 AS - iOlo-rc Tic— WAJrrs (SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as ST 4 Q, - U / TP" 9-7 - ZS I ( "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 Recording Requested By: City of Encinitas When Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 -S/N gK� Assessor's Parcel No. 255- 221 -23 42.39 DOC it 2000- 0411673 AUG 03, 2000 1:38 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COIkITY RECORDER FEES: 22.00 ,.. 111111IN11111 COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR DRAINAGE Project No.:TPM 97 -281 A. Pirouz Etemad and Azita B. Etemad husband and wife as joint tenants, ( "OWNER" hereinafter) is the owner of real property which is commonly known as ( "PROPERTY" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. B. In consideration of TPM 97 — 281 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