The URL can be used to link to this page

2015-12499 G9 .s ►ayg9 -GR —`= APPLICATION NO. ENGINEERING DEVELOPMENT APPLICATION JOB SI'IL ADDRESS ASSESSOR PARCEL. NO 3616 Are- W-073- PROPERTY OWNER INFORMATION CONTRACTOR INFORMATION M ty /L1 Qc 1- e /cArna - LLB NAME 3 1 ,E/ Li /� /C�,v«�nl� y[9✓L M]NG ADD ADDRESS 4)l ! CITY, STATE ZIP CODE TELEPHONE NO CITY. STATE ZIP CODE TELEPHONE NO -26c) STS-el / e-z) STATE LICENSE NO. & TYPE CIVIL ENGINEER INFORMATION SOILS ENGINEER INFORMATION Brr� ire GeaCon, lam. \Art1E Fj�ir✓��e NAME �Jl vih�d2 #�- /i�I_ i�/�F �,�L7, Dr;w- drlsJY l R�Dg a��i -$70o san ir10, CA CITY, STATE ZIP TELEPHONE NO. ' CITY, STATE ZIP TELEPHO NO. /P. r__ E eq2l-7/ REGISTRATION NO. REGISTRATION NO. DESCRIPTION OF WORK TO BE DONE -CASE NO. SIGNA RE DATE SIGNED CeoA62 r- a Ma C7[/a) 5PS -glele PRIM_ NAME - - - - - -` - - HONE NO.-- ---- PLANNING DEPARTMENT' REVEEW gg PLANNING CASE NUMBER qV FOR GRADING PLANS FOR FINAL MAPS/PARCEL MAPS OK FOR PLAN CHECK FINAL MAP PARCEL MAP 4. � PLA NER DATE CITY OF ENCINITAS ENGINEERING FEE SCHEDULE - 2014 Date: _2 �� Name I Address: Permit #: I ��q�IIT 9II5 Tech Init: _ c4k h -a , u.,. Cndn Fee Amount Account nconmTC -!q„ credit re.rie Fee Subtotal 4, j 00. V' a ^a:- �, - - ? - =: -k en the hark of tni9 form for Erq d Sandy E Certificate of Correction E F C 3 S 110.G0 10100000 -241 10100000.344.1 Description: Construction change - Minor - per sheet E F C 4 $ 200.00 10100000 -344.1 E F S Y Construction change - Major - pe r sheet E F C 5 S 350.00 (enter proiect # in HTE comments only and TCA Re'! ) 10100000 -314.1 Final Parcel Ma Sheet E F P M $ 2,000.00 if 101 D0000 -344.1 Fatal Subdivision Ma - Sheet E F F NI S 1,600.00 10100000 -344.1 Simplified Grading Plan E F S G S 1.800.00 10100000 -344.1 Grading Plan Check - Sheet E F G R $ 1,450.00 ,(�O 10100000 -344.1 NPDES Plan Check - Sheet E F N P $ 125.00 VS 10100000 - 314.1 Structural Plan Check - Sheet E F M 1 S 240.00 10100000 -344.1 Erosion Plan Check - Sheet E F E O S 175.00 10400000'-344.1 GIs Map Fee E F G S $ 375.00 1D1000Q0 -344.1 Tempora Encroachment Permit E F T E $ 150.00 10100000 -344.1 Permanent Encroachment E F P E $ 290.00 10100000 -344.1 Permanent Encroachment wiconstructton E F P X S 450.00 10100000.344.1 Landscapelhr Plan Check Private - Sheet E F L P 3 130.30 10100000 -343.1 Landscapedrr Plan Check Public- Sheet E F L'," 3 230 CO 10100000 -344.1 ROW Construction Permit and Insp- Minor E F C N S 300.00 10100000 -344.1 R04V Construction Permit and Ins Major E F C J S 900.00 17100000 -344.1 Utilih Construction Permit E `r E X I S 250.00 10100004344.1 Tem r0. Encroachment Permit - 6each F T 3 3 1 500.00 101 0000-344.1 street vacation A p icaton E F v =, S 3.500.00 1 :0 100000-344.1 Street Name Change Application E F S N 3 3 500.00 17100000 -344.1 Gradi Inspection E - 1:1 00 0 00 -344.2 I Improvement inspection E - 101:0000 -344.2 NPDES - Inspection E F >.. -- 10130000 -3441 Improvement Plan Check - Sheet E F I R S 1,700.00- 1010000C -344.1 Special Event E F E :' S 300.00 10100000 -344.1 Traffic Control Plan E F T R 3 250.00 1 :1.0000 -344.1 Traffic Control Plan -Minor E F TO 3 50.00 10100000 -344.1 SWPPP Project Disturbin > Acre E F P m S 750.00 10100000 -343.1 nconmTC -!q„ credit re.rie Fee Subtotal 4, j 00. V' a ^a:- �, - - ? - =: -k en the hark of tni9 form for Erq d Sandy E Deposit Subtotal TOTAL L] g00.00 (Date Z12-11 /J x-' Check #: fW 3t/L/ 7 K Receipt' »:DO I S-] Z 66 Cashierind: CW C-/ 1 cw r u �Ajlj'',�trMrwc -x rr ,, Tr!oref qes Ccrrert.:-.t:CCa O' 0- 5RjE'E`rG Fee F:r- 2:'1 Engineering Deposit - Miscellaneous E F D .`A 3 10100000 -241 Description: Security Deposit E F S Y 3 101J0000 -244 (enter proiect # in HTE comments only and TCA Re'! ) PAStiin : [F9 ES - SECCEP if Deposit Subtotal TOTAL L] g00.00 (Date Z12-11 /J x-' Check #: fW 3t/L/ 7 K Receipt' »:DO I S-] Z 66 Cashierind: CW C-/ 1 cw r u �Ajlj'',�trMrwc -x rr ,, Tr!oref qes Ccrrert.:-.t:CCa O' 0- 5RjE'E`rG Fee F:r- 2:'1 RESOLUTION NO. 98-91 A RESOLUTION OF THE CITY OF CITY COUNCIL APPROVING A MAJOR USE A DESIGN REVIEW PERMIT, AND A COA DEVELOPMENT PERMIT FOR THE CONSTRUCTION AND OPERATION C 0 r 2 4 2015 f , I AUG AL EN INEEFMG DIVISION CITY OF ENCINITAS A 42,144 SQUARE FOOT PRIVATE ELEMENTARY SCHOOL FOR A MAXIMUM OF 432 STUDENTS FOR PROPERTY LOCATED AT 3616 MANCHESTER AVENUE (Case No. 98 -039 MUP /DR/CDP; APN: 262 - 073 -24) WHEREAS, a request for consideration of a Major Use Permit, a Design Review permit, and a Coastal Development Permit was filed by: Kathleen Porterfield / Encinitas Country Day School to allow for the construction and operation of a 42,144 square foot Private Elementary School for a maximum of 432 students in accordance with Chapters 30.74, 23.08, and 30.80 of the Encinitas Municipal Code, for property located in the Rural Residential (RR) Zoning District, and legally described as: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICTLAND OFFICE; and WHEREAS, the Planning Commission conducted a noticed public hearing on the application on September 24, 1998; at which time all those desiring to be heard were heard; and WHEREAS, Appeals of the Planning Commission determination to approve the application request were filed by the San Elijo Lagoon Conservancy and by Janie Shankles and Tinker Mills; and WHEREAS, the City Council conducted an Administrative Hearing on November 19, 1998 to receive oral presentations related to the Appeals; WHEREAS, the City Council considered, without limitation: The November 19, 1998 agenda report to the City Council with exhibits; The General Plan, Local Coastal Program, Municipal Code, and associated Land Use Maps; Oral evidence submitted at the Administrative Hearing; 4. Written evidence submitted for the Administrative Hearing; c&cm/f98039ca(11- 19 -98) Book /� �� 353 Project plans consisting of seven sheets dated received by the City of Encinitas on May 1, 1998, including: (1) Site Plan; (2) Floor Plans; (3) Floor Plans / Elevations; (4) Elevations; (5) Typical Elevations; (6) Conceptual Landscape Plan; and (7) Conceptual Grading Study (dated received August 13, 1998). Also included in the application submittal and reviewed by the Commission were two sheets of colored elevation drawings and a mounted color and exterior materials board; and WHEREAS, the City Council made the following findings pursuant to Chapters 30.74, 23.08, and 30.80 of the Encinitas Municipal Code: (SEE ATTACHMENT "A ") NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas hereby approves application 98 -039 MUP/DR/CDP subject to the following conditions: (SEE ATTACHMENT "B ") BE IT FURTHER RESOLVED that the City Council, in its independent judgment, finds that this project will not have a significant adverse effect on the environment and adopts a Mitigated Negative Declaration pursuant to Califomia Environmental Quality Act (CEQA) Guidelines. cd/ac/1':98039cCU11- 19 -98) Book 8ppop 3Sy PASSED AND ADOPTED this 19th day of November 1998, by the following vote, to wit: AYES: DuV ivier, Bond, Davis, Aspell, Cameron NAYS: None ABSENT: None ABSTAIN: None Aspell, Mayor of Encinitas ATTEST: Deborah Cervone, City Clerk NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. eNao 1f9l1139cc2(11- 19-98) BOOkI I /pef 355 ATTACHMENT "A" Resolution No. 98 -91 Case No. 98 -039 MUP/DR/CDP FINDINGS FOR A USE PERMIT STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit application shall be approved unless findings of fact are made, based upon the information presented in the application or during the hearing, which support one or more of the following conclusions: The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities, services and utilities to serve the proposed project; b. The unsuitability of the site for the type and intensity of use or development which is proposed; and C. The harmful effect, if any, upon environmental quality and natural resources of the city; Facts. The application is a request for Major Use Permit approval to allow for the construction and operation of a 42,144 square foot Private Elementary School for a maximum of 432 students on a 16 acre portion of a 20 acre parcel of land located within the Rural Residential (RR) Zoning District. Discussion: All required public facilities and utilities are available to, or can be extended to, the site in conjunction with the development of the property. All roadway improvements, water and sewer service can be provided to the proposed development. No evidence has been submitted to indicate that the Private Elementary School operation would cause any adverse effects or would be detrimental to any adjacent uses, residences, or other neighborhood resources. The intended use of the property is compatible with adjacent uses in the neighborhood such as the Mira Costa Community College, the Greek Orthodox Church, and Presbyterian Church uses on Manchester Avenue and El Camino Real. Drainage facilities are incorporated into the project's design to ensure that lagoon water quality will not be impacted by the proposed project. In the hardscape areas, oil /water /sediment separators will be constructed to ensure that urban pollutants during "first- flush" storm runoffs are trapped. In landscaped and lawn areas, french drains will be installed to collect and recycle runoff, or to provide for percolation through the unpaved ground surface. Little to no runoff would discharge to the lagoon. The City's Environmental Consultant for the project is recommending the adoption of a Mitigated Negative Declaration for the application request. The mitigation measures included in the cd/crWf.98039cc2 I 1- 19 -98) Mitigation Monitoring and Reporting Program will reduce environmental impacts related to traffic congestion and safety, sensitive vegetation, and cultural resources to a level below significance. Conclusion: Therefore, the City Council finds that adequate public facilities, services and utilities are available to the site and that the intensity of the use is found to be compatible with existing development on adjacent properties within the neighborhood. The project will pose no harmful effect upon environmental quality and natural resources of the City which can not be adequately mitigated to a level below significance. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and The project fails to comply with any other regulations, conditions, or policies imposed by the Municipal Code. Facts: The Rural Residential Zoning District allows for the Private School use with an approved Major Use Permit. Approximately 16 acres of the 20 acre property is proposed to be developed with the Private School facilities and associated parking and landscaping improvements. Discussion: No evidence has been submitted to indicate that the use would adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code and, with the issuance of the Major Use Permit, the use complies with all other regulations, conditions or policies imposed by the Municipal Code. The intended use of the property is compatible with adjacent uses in the neighborhood such as the Mira Costa Community College, the Greek Orthodox Church, and Presbyterian Church uses on Manchester Avenue and El Camino Real. Conclusion: Therefore, the City Council finds that the approval of the Major Use Permit will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and that the Major Use Permit approval complies with all other regulations, conditions or policies imposed by the Municipal Code- cNcru/r:99039cc2(I1- 19 -96) �. lA pwo 357 FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application for a design review permit must be granted unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following regulatory conclusions: a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of the Municipal Code. Facts: The application is a request for Major Use Permit approval to allow for the construction and operation of a 42.144 square foot Private Elementary School for a maximum of 432 students on a 16 acre portion of a 20 acre parcel of land located within the Rural Residential (RR) Zoning District, The Rural Residential Zoning District allows for the Private School use with an approved Major Use Pemtit. Approximately 16 acres of the 20 acre property is proposed to be developed with the Private School facilities and associated parking and landscaping improvements. Discussion: No evidence has been submitted to indicate that the use would adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code and, with the issuance of the Major Use Permit, the use complies with all other regulations, conditions or policies imposed by the Municipal Code. The intended use of the property is compatible with adjacent uses in the neighborhood such as the Mira Costa Community College, the Greek Orthodox Church, and Presbyterian Church uses on Manchester Avenue and El Camino Real. Conclusion: Therefore, the City Council finds that the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code. b. The project design is substantially inconsistent with the Design Review Guidelines. Facts: The City's Design Review Guidelines relate to Site Design, Building Design, Landscape Design, Sign Design and Privacy and Security. The project proposes to construct a Private Elementary School and associated landscaping and parking improvements. Discussion: All aspects of Site Design, Landscape Design and Privacy and Security will be compatible with the design elements and architectural style of the proposed Private Elementary School structures, landscaping and parking area improvements on the site. The single story building designs utilize light tan stucco- coated exterior walls accented with split -faced block at the wall bottoms. Windows and sliding glass doors are used on most of the south facing classrooms to take advantage of views towards the lagoon. Window frames and doors are proposed to be painted a burgundy color. Roof heights generally do not exceed 17 feet with accent walls extending to approximately 22 feet. A flagpole on the administration building and classroom buildings are proposed to reach 30 feet in height from the building pad. Individual classrooms are also provided with flagpoles to identify cd/cro/f.98039cc2(II- 19 -98) Bwk # f,Z 9 each of the buildings for the students. Light green and gray slate designed, integral color, concrete roofing material is utilized through -out the proposed campus. Roof facia is called out as wood - lapped or metal material, gray in color. Building coverage is limited to approximately 8% of the site; with other areas devoted to landscaping, playgrounds, recreational uses, and parking facilities. Conclusion: The proposed design of the Private Elementary School facility will be consistent and compatible with other structures and uses in the neighborhood. Therefore, the City Council finds that the project design is consistent with the intent of the Design Review Guidelines. C. The project would adversely affect the health, safety, or general welfare of the community. Facts: The project design is consistent with the Municipal Code standards and development requirements for the Rural Residential Zoning District as reviewed under the Major Use Permit request. Discussion: No evidence has been submitted to indicate that the project design would adversely affect the health, safety, or general welfare of the community. An Environmental Initial Assessment (EIA) has been prepared by the City's Environmental Consultant for the project, Dudek & Associates. The City's Environmental Consultant for the project is recommending adoption of a Mitigated Negative Declaration for the application request. The Mitigation Monitoring and Reporting Program requires the applicant to contact the U.S. Army Corps of Engineers (ACOE), the California Department of Fish & Game (CDF &G), and the California Regional Water Quality Control Board (CRWQCB) to determine if any impacts to wetlands vegetation would require permitting. However, it is anticipated by the EIA biology survey report that the current design with the 100 -foot buffer from the Lux Canyon Drainage channel and from the marsh area located near the southeast comer of the property will avoid any impacts to wetlands vegetation; except for 0.l acre of southern willow scrub habitat. The mitigation measures included in the Mitigation Monitoring and Reporting Program will reduce environmental impacts related to traffic congestion and safety, sensitive vegetation, and cultural resources to a level below significance. Conclusion: Therefore, the City Council finds that the project design will not adversely affect the health, safety or general welfare of the City or the Olivenhain Community. d. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The applicant requests approval of a Major Use Permit, a Design Review Permit, and a Coastal Development Permit for the construction of a 42,144 square foot Private Elementary School for a maximum of 432 students. Consistent with Municipal Code Chapter 30.09 (Zoning Use Matrix), Private Schools are an allowed use within the Rural Residential Zoning District with the approval of the above listed permits. cd/cro/r98039cc2(II.19 -98) Boost! �o< Pop# 35-9 Discussion: The project design is compatible with the style and building materials of existing structures on neighboring property and with the Mira Costa Community College, the Greek Orthodox Church, and Presbyterian Church uses on Manchester Avenue and El Camino Real. No evidence has been submitted to indicate that the project would materially depreciate the appearance or value of the neighborhood. Conclusion: Therefore, the City Council finds that the project will not adversely depreciate the appearance or value of the immediate neighborhood or the Olivenhain Community. C. Municipal Code Section 30.16.010.7.d allows structures to exceed the 26 -foot standard height envelope if it can be found that the portion of the structure outside the standard envelope maintains some of the significant views enjoyed by residents of nearby properties and that the building is compatible in bulk and mass with buildings on neighboring properties.. Facts: Roof heights within the project generally do not exceed 17 feet with accent walls extending to approximately 22 to 27 feet. A flagpole on the administration building is proposed to reach 30 feet in height from the building pad. Individual classrooms are also provided with flagpoles to identify each of the buildings for the students with flagpoles proposed to extend no more than 30 feet in height from the proposed building pad elevations. Discussion: The majority of the buildings within the project do not exceed the 26 -foot standard height envelopes except for the proposed flagpoles. Therefore, significant views through the project site from adjacent properties will not be impacted. The bulk and mass of the project design is compatible with the style and building materials of existing structures on neighboring property and with the Mira Costa Community College, the Greek Orthodox Church, and Presbyterian Church uses on Manchester Avenue and El Camino Real. No evidence has been submitted to indicate that the project would materially depreciate the appearance or value of the neighborhood. Conclusion Therefore, the City Council finds that the portion of the structures outside the standard height envelope maintains some of the significant views enjoyed by residents of nearby properties and that the buildings are compatible in bulk and mass with buildings on neighboring properties. cd/cm/E98039cc2(II- 19 -98) FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: The project is consistent with the certified Local Coastal Program of the City of Encinitas; and 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that'there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment; and 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Facts: The project complies with the development standards for the Rural Residential (RR) Zoning District and applicable General Plan Policies related to development of property located in the RR Zone. The design of the structures and proposed building materials are compatible with the existing institutional structures located within the surrounding area. An Environmental Initial Assessment (EIA) has been prepared by the City's Environmental Consultant for the project, Dudek & Associates. The City's Environmental Consultant for the project is recommending adoption of a Mitigated Negative Declaration for the application request. The property is not located between the sea or other body of water and the nearest public road in that a similar shaped, 20 acre property to the south separates the subject property from the San Elijo Lagoon. Grading to accommodate improvements to Manchester Avenue along the developed portion of the property will impact an area of 0.10 acre of southern willow scrub, a wetlands habitat. Discussion: The project conforms with the City's certified Local Coastal Program in that it conforms to General Plan policies and Municipal Code Development Standards and environmental impacts associated with the project's implementation can be mitigated to a level below significance with adherence to the Mitigation Monitoring and Reporting Program established by the Environmental Initial Assessment prepared for the application request. Consistent with General Plan Resource Management Element Policy 10.6, the impact to 0.10 acre of wetlands habitat is due to an "incidental public service project" to construct improvements for Manchester Avenue. No net loss of wetlands will occur since the environmental mitigations require replacement of the disturbed habitat at a 3:1 ratio. A cWcWf.98039cc2(11 -19-98) 8OC* �f pW1 344 100 -foot buffer has been included in the project's design adjacent to the on -site alkali marsh habitat in the southeast corner of the property in conformance with Policy 10.6. Conclusion: Therefore, the City Council finds the project to be consistent with the City's certified Local Coastal Program. cdcWf.98039cc2(11- 19 -98) Book Y_Z�& PMp$A 4 a- ATTACHMENT "B" Resolution No. 98 -91 Project No.: 98 -039 MUP/DR/CDP Applicant: Kathleen Porterfield / Encinitas Country Day School Location: 3616 Manchester Avenue SCI SPECIFIC CONDITIONS: SC2 This approval will expire on November 19, 2000 at 5:00 pm, two years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuantto the Municipal Code. SC5 This project is conditionally approved as set forth on the application and project plans dated received by the City on May 1, 1998, consisting of seven sheets, including: (1) Site Plan; (2) Floor Plans; (3) Floor Plans / Elevations; (4) Elevations; (5) Typical Elevations; (6) Conceptual Landscape Plan; and (7) Conceptual Grading Study (dated received by the City on August 13, 1998). Also included in the application submittal and approved by the City Council were two sheets of colored elevation drawings and a mounted color and exterior materials board. These items shall not be altered without express authorization by the Community Development Department. SCA The location of the Caretaker's Housing Unit shall conform to the Front Yard Setback requirement of 30 feet from the property line fronting the ultimate right -of -way of Manchester Avenue. No structure, or element attached to the structure, shall exceed 30 feet in height when measured from the approved building pad elevations. Roofing material shall conform to the approved materials board sample. SCB All structures shall be provided with Class "A" roofing material to the satisfaction of the City Fire Marshal. Access for emergency vehicles shall be provided to within 150 feet of the farthest point of the farthest structure within the project. SCC The property owner /developer shall dedicate 35 feet along the property's frontage to Manchester Avenue based upon a centerline to right -of -way width of 35 feet in conformance with City of Encinitas Road Standards. 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 the issuance of a building permit within the project area. The improvements shall be constructed and accepted for maintenance by the City Council prior to the occupancy of any building within the project. The improvements are: Install Portland Cement Concrete curb and gutter, with the face of curb 25 feet from the centerline along the frontage of the development along Manchester Avenue; and AC pavement to complete the 25 foot wide pavement area. Overlay existing pavement to the centerline. cd/ao / f98039cc2(I1- 19.98) Bwk , lA e$w 0 3 0 SCD The Mitigation Monitoring and Reporting Program (MMRP) established by the Environmental Initial Assessment for this project shall be implemented during the planning and construction of the Private Elementary School facilities. The following mitigation measures and the monitoring of the measures by appropriate City departments during the project's implementation and operation are required to reduce environmental impacts to a level below significance. To reduce the potential traffic congestion and safety hazards associated with design features of the project, the following mitigation measures shall be incorporated into the project: 1. Provide a 250 -foot long (with a 120 -foot bay taper) westbound left -turn lane approaching the site. 2. Provide a 40 -foot wide project driveway (18 -foot wide inbound lane and two 1I- foot wide outbound lanes) at least 150 feet into the site. 3. Provide a minimum of 50 feet of outbound stacking distance at the project driveway between Manchester Avenue and any on -site access roadway or drop- offarea. 4. Provide a curb return radius of 30 feet. 5. Place the project driveway as far west as possible, but a minimum of 400 feet from the El Camino Real/Manchester Avenue intersection. 6. Ensure that regular school start times are no earlier than 8:30 AM and end times are no later than 4:00 PM. 7. Maintain a minimum difference of thirty minutes between the preschool and grade school start times. Also provide a minimum difference of thirty minutes between the two end times. 8. Provide an on -site parking supply which meets the City code. 9. The traffic analysis shows that delays for outbound left - tuming traffic increases to LOS D with Phase IV traffic. LOS D would be acceptable. However, since area traffic conditions could change, the Manchester Avenue/project driveway intersection, area wide intersections, and area wide roadway segments shall be reviewed through additional traffic analysis reports concurrent with each phase of the project. These reports shall determine whether a traffic signal, other traffic control measures, or the construction of additional traffic improvements (or securing the project's "fair share" payment towards the construction of future improvements) should be required of the applicant prior to the issuance of building permits for Phase 1I, Phase II1, and Phase [V to the satisfaction of the City Engineer. 10. Allow an annual City review of the on -site circulation to ensure project operations do not impact Manchester Avenue. cd/cro/f.98039cc2( 11-19-98) 8,ok *__9__Pn s 34,y 1 1. Dedicate right -of -way on the south side of Manchester Avenue to Local Augment Standards along the project frontage. 12. A 150 -foot long eastbound right -turn lane or a 20 -foot wide curb lane shall be provided approaching the project driveway. 13. Ensure that any driveway median landscaping or signing does not restrict comer sight distance. 14. The location of the entrance gates must be set back from Manchester Avenue such that a vehicle that is waiting to unlock the gate will not impact traffic flow on Manchester Avenue. 15. No acceleration lane is to be constructed directly east of the subject driveway. 16. The site plan does not show the striping on the site at the entrance. Prior to grading permit issuance, a- striping plan shall be submitted to, and approved by, the City Engineer to reduce the potential for any circulation impacts at the driveway entrance. 17. A striping and signing plan is required prior to grading permit issuance for Manchester Avenue adjacent to the project. 18. The City Traffic Engineer shall ensure that the comer sight distance standard at the project driveway is met along Manchester Avenue. To reduce the environmental effects associated with removal of 2.8 acres of coastal sage scrub habitat and effects on the California gnatcatcher to a level below significance, the following mitigation measures shall be incorporated into the project: 19. Impacts to coastal sage scrub shall be mitigated at a ratio of 2:1. Thus, a total of 5.6 acres of mitigation is required for the impacts. Due to the lack of availability of coastal sage scrub for mitigation on -site, the 5.6 acres of required mitigation shall be in the form of offsite purchase. The offsite purchase shall be of a comparable or higher quality habitat and shall be dedicated as open space. A suitable offsite mitigation location is the Manchester Avenue/fchang Mitigation Bank. Acquisition of the offsite mitigation parcel shall occur prior to issuance of a grading permit for the project. In addition, a Habitat Loss Permit (HI.P), in accordance with the 4 (d) rule for the California gnatcatcher, shall be obtained prior to impacts to the coastal sage scrub habitat. 20. Construction shall be phased to avoid activities during the gnatcatcher breeding season (15 February through 15 August) that exceed noise levels of 60 dBA at identified localities of gnatcatchers. If habitat removal is unavoidable during the breeding season, it should only be permitted if the limits of grading or habitat removal are greater than 200 feet from nesting gnatcatchers, or if an on -site biological monitor documents that this activity would cause "no harm" to this species and is submitted to and approved by USFWS. cd/cro/e98039cc201.19 -981 To reduce the environmental effects associated with the removal of 0.1 acre of southern willow scrub to a level below significance, the following mitigation measure shall be incorporated into the project: 21. Removal of wetland vegetation is considered an impact to the habitat, and would require permits from the California Department of Fish and Game (CDFG), as well as notification to the U.S. Army Corps of Engineers (ACOE) and the Regional Water Quality Control Board (RWQCB). Because the habitat is southern willow scrub, and to ensure there is no net loss of wetlands, a 3:1 mitigation ratio will be required for the impacts to the wetland/waters, thus requiring 0.3 acre of mitigation. Mitigation for impacts to wetlands must be in the form of creation of new wetland habitat. Opportunities are present for wetland creation west of the site development area, in the Lux Canyon Creek area. The area is shown as "Not a Part' on the proposed project plans. Prior to issuance of a grading permit, documentation shall be submitted to the City of Encinitas demonstrating that appropriate permits have been obtained from the resource agencies, including identification of the wetland mitigation site and approved revegetation and monitoring plans. To reduce the environmental effects associated with the possibility of discovering additional cultural resources, the following monitoring measure shall be implemented: 22. An archaeologist shall monitor initial brushing, grubbing, grading, and demolition of the cement features. If an archaeological deposit is exposed during monitoring, the archaeological monitor shall have the authority to halt earth - disturbing activities at the deposit and divert such activities until the deposit can be evaluated for significance pursuant to CEQA and guidelines of the City of Encinitas. This monitoring program will ensure the Encinitas County Day School project does not have a significant adverse effect on archaeological or historical resources. SCE Drainage facilities are incorporated into the project's design to ensure that lagoon water quality will not be impacted by the project. In the hardscape areas, oil /water /sediment separators shall be constructed to ensure that urban pollutants during "first -flush' storm runoffs are trapped. In landscaped and lawn areas, french drains shall be installed to collect and recycle runoff, or to provide for percolation through the unpaved ground surface_ SCF The lighting of any outdoor recreational facilities is prohibited in accordance with Municipal Code Section 30.40.010.H. SCG Concurrent with project grading, the applicant shall grade the knoll on the north side of Manchester Avenue, east of the subject property, to improve line -of -sight conditions to the satisfaction of the City Engineer. cd/cre/f.98039cc20 1- 19 -98) Back • / o.... G1 STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G3 A portion of this project is located within the Coastal Appeal Zone and may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City of Encinitas Municipal Code. An appeal of the City Council's decision must be filed with the Coastal Commission within 10 days following the Coastal Commission's receipt of the Notice of Final Action. Applicants will be notified by the Coastal Commission as to the date the Commission's appeal period will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Community Development Director. G5 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G8 A Mitigation Monitoring and Reporting Program (MMRP) as set forth in the Environmental Initial Assessment herein referenced, shall be established and funded by the developer or property owner. The amount of funds necessary to implement the MMRP will be determined by the Community Development and Engineering Services Departments prior to issuance of any permits for the project. Building Permits for each phase of development shall require additional traffic analysis to assure acceptable Levels of Service (LOS) for area intersections and roadway segments. G9 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of the building(s), and shall be provided with view - obstructing, solid metal gates as approved by the authorized agency. Adequate space for recyclable materials shall be provided within the enclosure in accordance with Municipal Code requirements. G11 All roof - mounted equipment and appurtenances, including air conditioners, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Community Development Department. Ground - mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Community Development Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Community Development Department. G13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and cd/cro1f:98039cc2(11- 19 -98) Bwk0 /1 Pow • . t, / Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development and Engineering Services Departments. The applicant is advised to contact the Community Development Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. G15 Parking lot lights shall have a maximum height of eighteen (18) feet from the finished grade of the parking surface. All light sources within the project shall be shielded and/or directed away from all property lines, adjacent streets and residences. L2 All required plantings and automated irrigation systems shall be in place prior to. use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). U2 In the event that any of the conditions of this permit are not satisfied, the Community Development Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City of Encinitas should revoke this permit. U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. HWI Approval of the 4(d) permit in conjunction with this application does not constitute authorization for the take of habitat at this time. The City has a "first -come, fast- served' policy for interim taking of habitat lands through the 4(d) permitting process, such that the take will be authorized only at such time that a grading plan is submitted and approved by the City as being within the cumulative 5% take limitation for habitat lands. HW6 This project has been identified as having a potential impact on fish and/or wildlife; therefore, pursuant to Section 711.4 of the State Fish and Game Code, the applicant must submit to the City of Encinitas a negotiable check in the amount of $1,275.00 if this project includes a Negative Declaration, or a check in the amount of $875.00 if this project includes an Environmental Impact Report. The purpose of the above State established fee is to defray the cost of managing and protecting fish and wildlife resources which may be impacted by the development. The check, made payable to the County Clerk of San Diego County, must be submitted prior to the end of the 4th day following the City's action. Failure to submit a negotiable check will cause the project approval to become null and void since the Notice of Determination can not be filed without payment of this fee or authorized notice of exemption as provided in Section 711.4. NO BUILDING PERMITS OR OTHER ENTITLEMENTS WILL BE PROCESSED UNTIL THIS CONDITION IS SATISFIED. cd/uo/e98079cc2(II- 19 -98) .. I 1 _Z / Q MT4 The developer shall dedicate the on -site master planned recreation trails. Said recreational trails shall be improved to the standards contained in the "Interim Recreation Trail Standards' adopted by the City June 13, 1990, along with any and all subsequent amendments thereto approved by the City, to the satisfaction of the Directors of Community Development, Community Services, and Engineering Services. B 1 BUILDING CONDITION: CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: B2 The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils /Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan, section details, exterior elevations; and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). Commercial and multi - residential construction must also contain details and notes to show compliance with State disabled accessibility mandates. These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence shall not be less than 16 feet of paved width. F8 COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials on the project site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide a permanent all- weather surface for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire Department. F9 POSTING OF ROADWAYS: Emergency access roadways when required shall be properly identified as per Fire Department standards using signage where practical in lieu of painted red curbs. cd/c`o/f.98039ca(11- 19 -98) 9Wk8 FIO OBSTRUCTIONS (ACCESS ROADWAYS): All traffic lanes shall be a minimum of 24 feet in width during construction and shall be maintained clear and free of obstructions during construction in accordance with the Uniform Fire Code. I'll 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. F12 FUEL MODIFICATION ZONES: The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will- 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 structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic fire sprinkler system installed to the satisfaction of the Fire Department. El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verify compliance with Chapter 23.24 of the,Encinitas Municipal Code. 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. cNao/f99039cc2(11- I9 -96) flank/ )% pow , 370 EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils /geological/hydraulicreport (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. Such report shall be submitted and approved prior to building permit issuance. EG 10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. ED2 The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the Engineering Services Director. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the Engineering Services Director prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the Engineering Services Director. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the Engineering Services Director and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the Engineering Services Director. ED4 The proposed project falls within areas indicated as subject to flooding under the National Flood Insurance Program and is subject to the provisions of that program and City Ordinance. ED5 The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted. ES3 The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. cd1crc/f98039cc2(11- I9 -98) am, t__JA_rw ES7 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the undergroundingof utility facility improvements. ES8 The design of all private streets and drainage systems shall be approved by the Engineering Services Director prior to issuance of any grading or building permit for this project. The structural section of all private streets shall conform to City of Encinitas Standards based on R- valuetests. 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. EU5 The developer shall be responsible for the relocation and undergroundingof existing public utilities, as required. cdlcro/E98039cc2(1I- 19 -98) a / /% p.p, 3 7o?- ENCINITAS COUNTRY DAY SCHOOL BOND ESTIMATE D PARKING LOT - PHASE 2 W.O. 505-0704-601 C 08/18/15 GRADING /DEMOLITION Description Quantity Excavation /Fill 730 Remedial Grading 320 Subgrade Preparation /Fine Grade 28365 Curb Removal 190 AC Pavement Removal 271 Striping Removal 306 PRIVATE PARKING LOT IMPROVEMENTS Description Quantity 3 "AC / 8" CL 2 AB Pavement 22191 6" Curb 8 Gutter Type G (G -2) 359 6" Curb (G -1) 945 Concrete Swale 72 Parking Lot Striping 1566 Fence Relocation 129 Landscape 8 Irrigation -Flat and Slope 4511 EROSION CONTROL Description Construction Entrance -Rock Fiber Roll Hydroseeding -Slope Only Siltation Fence Gravel Bags � /ptiOFESS/p 1(i No. 29271 Y\ \) CIVi1- / bhA Quantity 480 126 4079 437 419 Unit CY CY SF LF SF LF Unit SF LF LF SF LF SF SF Unit SF LF SF LF EA Sub -Total pUG 2 A 2015 INppIV1510N ENC1� OF ENCINISPS $20.00 $20.00 $0.50 $ 3.00 $2.00 $0.50 Unit Price $2.55 $20.00 $12.00 $8.00 $0.65 $16.00 $1.38 Sub -Total Unit Price $5.25 $2.25 $0.20 $1.60 $1.10 Sub -Total Sub - Total 10% contingency TOTAL Amount $14,600.00 $6,400.00 $14,182.50 $570.00 $542.00 $153.00 $36,447.50 Amount $56,587.05 $ 7,180.00 $11.340.00 $ 576.00 $1,017.90 $2,064.00 $6,225.18 $84,990.13 Amount $2,520.00 $283.50 $815.80 $699.20 $460.90 $4,779.40 $126,217.03 $12,621.70 $138,838.73 VA GEOCON INCORPORATED G E O T E C H N I C A L ■ E N V I R O N M E N T A L ■ M A T E R I A L S Project No. 06216 -42 -03 August 20, 2015 n pUG 2 4 Encinitas Country Day School 1NG UIV1$10N 3616 Manchester Avenue ENGINEER �1SY OF E4C1N1jAS Encinitas, California 92024 Attention: Ms. Kathy Porterfield Subject: UPDATE GEOTECHNICAL INVESTIGATION ENCINITAS COUNTRY DAY SCHOOL 3616 MANCHESTER AVENUE ENCINITAS, CALIFORNIA Dear Ms. Porterfield: In accordance your request we herewith submit this updated geotechnical investigation for the subject site. Our original recommendations for the project were presented in our report entitled Geotechnical Investigation, Encinitas Country Day School, Encinitas, California, dated November 19, 1998. It is our understanding that continued development of the project site will consist of the expansion of the existing parking lot located in the southwest portion of the campus. In preparing this update we have reviewed the plan set titled Grading Plan For: Encinitas Country Day School, Parking Lot — Second Phase, prepared by BHA, Inc., undated. Based on our records, the remedial grading recommended in the in the referenced geotechnical investigation was not performed in the area of the proposed parking lot expansion. We recommend that the proposed pavement section be placed on at least 2 feet of soil moisture- conditioned to optimum moisture content and compacted to at least 90 percent relative compaction with the upper 12 inches compacted to at least 95 percent relative compaction as defined by the current version of ASTM D 1557. Table I presents preliminary pavement sections based on an R -value of 10, as previously reported for the existing parking lot for varying traffic indices. The civil engineer should determine the appropriate traffic index for the anticipated traffic volume. The final pavement section should be based on R -value testing performed on the final subgrade soils. Asphalt concrete pavement thicknesses were determined following procedures outlined in the California Highway Design Manual (Caltrans). 6960 Flanders Drive ■ Son Diego, Colifwnio 92121 -2974 ■ Telephone 858.558.6900 ■ Fax 858.558.6159 0 TABLE 1 PRELIMINARY PAVEMENT SECTIONS Estimated Traffic Index (TI) Asphalt Concrete (inches) Class 2 Aggregate Base (inches) 4.0 3.0 6.0 4.5 3.0 7.0 5.0 3.5 9.5 6.0 3.5 11.5 Class 2 Base should conform to Section 26 -1.0213 of the Standard Specifications for the State of California Department of Transportation (Caltrans) with a % -inch maximum size aggregate. Base materials should be compacted to a dry density of at least 95 percent of the laboratory maximum dry density near to slightly above optimum moisture content. Asphalt concrete should conform to Section 203 -6 of the Standard Specifications for Public Works Construction (Green Book). Asphalt concrete should be compacted to a density of at least 95 percent of the laboratory Hveem density in accordance with ASTM D 2726. The performance of pavement is highly dependent on providing positive surface drainage away from the edge of the pavement. Ponding of water on or adjacent to the pavement will likely result in pavement distress and subgrade failure. Drainage from landscaped areas should be directed to controlled drainage structures. Landscape areas adjacent to the edge of asphalt pavements are not recommended due to the potential for surface or irrigation water to infiltrate the underlying permeable aggregate base and cause distress. Where such a condition cannot be avoided, consideration should be given to incorporating measures that will significantly reduce the potential for subsurface water migration into the aggregate base. If planter islands are planned, the perimeter curb should extend at least 6 inches below the level of the base materials. If you have any questions regarding this submittal, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GE INCORPORATED oFo airy c SyXONAL . k� YWE"s RCE 56460, CEG 2201 CAMON w m0 GWC:RCM:ejc a pig EANG tp GEMMSt IT OQ2 (1) Addressee OFCAt -kF (4) BHA, Inc. Attention: Mr. Ronald Holloway Project No. 06216-02 -03 .2. . Rod C ey . Mikesell GE 31 QPOFESSIO h� 2 C9 R Q Z D a No. G 050480 0 \9h Orv1� ,.sPi 4� y C.A4 4l o ?`` 'P 5 ¢ N02533 F Lv r �sq �1FCH��aevp'/1 Or August 20, 2015 12/18/2009 13:34 FAX 7609421111 12117/2009 00:40 FAX 13103944740 ENCINITAS COUNTRY DAY T N T. Inc. Mate of aCaiiforrtta ® 003/004 wool /0a! 5-3n PUP J011to ` CUR �a0� �cuctatp of &tut q� FNG LIMITED UABILIiY COMPANY /Nf ARTICLES OF ORGANIZATION C /�y G�9iNGd /�i 4wruodono bdae cony 4aftp the Iamb, )48 to This b _ to 8edbn 27880 of the conjamla Corporetlorys Cedes I. Limped ftt LIATI name M velo ment 2 boreal d p (ce eampetry is to dkadve. wppe 13 any ors or a May 4. Eerer Me nwm arrd address Of InNW agem for sefvke Of pmoea Wrd cheek Ore sppoprfab provWon tlafoar Geoffrey 0. Mavis to ( X I an 4VWiduai residing m CaWomir� aRrkh [ 1 a corporation whkh has Iliad a =WkM pummt to $eetlon 15M of the Cali w a C"Watlotts Code, SW thorn S end proceed to Rapt & 5. 0 the MA12.1 agent for service of Woeess ie an hdivl". archer a kmn— q or mW@rdW .bast addrwe in f:afdamie gtrwad.qw 233 Wilshire Boulevard, Suite 250 City. Santa Monica StaW C Nomia apCodc 90401 & The &nIted Il WRY carnPW W w91 be nUrreped by. (dmk ens) ( I one mar mW [ I more 9w am me V40 [ X I ■riled kb ft company membm 7. Describe type of I reaa d the I i rA@d Limey Company. Real Estate Development L If oMer nwf m am b be kw9udsd M qte ArWw of Orgwtadw aftech one or more seperad peps Number d pages offached. I or* M 9. It b hereby decWad Met I am 8re per@* arFro ryr awrwrrt/ of erar rlae ommuted this 0 aWwrisM whbh etaeculbn is my act andda.d r 0 ' FILED YWdmgikbnrld S OF TH'.. Geoffrey O. Mavis igsAlsN +r, •r` "" ,�• ` APR 8 199 i "� TAI; ° -,w nR.araK�..der�mr► A �aur••� mown ow rc...,o,- .aa.r.ee. �rARY o� ar 12/18/2009 2:41PM (GMT- 07:00) F J Chicago Title X211 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521 -3500 • Fax: (619) 521 -3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 12205964- 993 -SD2 Escrow /Customer Phone: (619) 521 -3500 Encinitas County Day School Title Officer: Tom Votel & Ken Cyr 3616 Manchester Ave. Title Officer Phone: (619) 521 -3673 Encinitas, CA 92024 Title Officer Fax: (619) 521 -3608 ATTN: Kathleen Porterfield Title Officer Email: Cyr -Vote) m Email: ecdschool@aol.com Ref: PROPERTY: 3616 MANCHESTER AVE., ENCiNiTAS, CA R�F AUG 2 4 2015 PRELMNARY REPORT ENGINEERING DIVISION CITY OF ENMNiTac In response to the application for a policy of title insurance referenced herein, Chicago Title Company ere 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions ofsaid policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insur ' less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option ojeither the C611r y or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA a ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit ojL' iry for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read They are avai fie from the office which issued this report. 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 policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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 lire condition of title and may not list all liens, defects and encumbrances affecting title to the land Chicago Title Company By: Authorized Signature nV tw4l - � a.,ar w.. -nw ' S Mest .. Z_' W< Ge.0. Secmary. CLTA Preliminary Report Fomi — Modified (11/17/06) Page I Title 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521 -3500 a Fax: (619) 521 -3608 PRELIMINARY REPORT EFFECTIVE DATE: July 29, 2015 at 7:30 a.m. ORDER NO.: 12205964993 -SD2 The form of policy or policies of title insurance contemplated by this report is: A Preliminary Report Only THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: M & M Development, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form — Modified (11/17/06) Page 2 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 12205964- 993 -SD2 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN: 262- 073 -24 CLTA Preliminary Report Form —Modified (11/17/06) Page 3 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 12205964- 993 -SD2 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2015.2016. B. An assessment by the improvement district shown below Series:. 96 -1 District:. San Diego City For:. Olivenhain Water 96 -1 Bond Issued:. October 4, 1996 Said assessment is collected with County/City property taxes, and are paid current. C. Notice of Reassessment Olivenhain Municipal Water District Reassessment District No. 96 -1 recorded July 23, 2007 as Instrument No. 2007- 0492327 of Official Records. D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. I. Any adverse claim based upon the assertion that some portion of said land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. County of San Diego Purpose:. public road Recorded:. January 9. 1904 in Book 310, page 206 of Deeds Affects:. The exact location and extent of said easement is not disclosed of record 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. County of San Diego Purpose:. public road purposes Recorded:. April 13, 1904 in Book 341, page 327 of Deeds Affects:. The exact location and extent of said easement is not disclosed of record 4. An easement for the purpose shown below and rights incidenta l thereto as set forth in a document. Granted To% County of San Diego Purpose:. County road, Road Survey No. 426 Recorded:. October 26, 1927 in Book 1385, page 375 of Deeds Affects:. The route thereof affects a portion of said land and is more fully described in said document. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. San Dieguito Irrigation District Purpose:. the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipe lines and all fixtures and appurtenances CLTA Preliminary Report Form — Modified (I (/17/06) Page 4 PRELIMINARY REPORT YOUR REFERENCE: 6. 8. i1 12. Chicago Title Company ORDER NO.: 12205964- 993 -SD2 EXCEPTIONS (Continued) incidental thereto for use in connection therewith for the transmission and distribution of water and all uses and purposes incidental thereto Recorded:. June 12, 1950 as Instrument No. 65093 in Book 3655, page 264 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. San Elijo Limited Purpose:. road purposes and for water, gas, sewer and other utilities Recorded:. August 2. 1961 as Instrument No. 132076 of Official Records Affects:. The East 60 feet An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted To:. Rancho El Camino, Ltd. Purpose:. vehicular and pedestrian ingress, egress and access, utility purposes including but not Recorded% limited to gas, water, sewer, electrical and telephone services Recorded:. April 21, 1980 as Instrument No. 80- 135184 of Official Records Affects% The East 40 feet An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. The State of California Purpose:. ingress and egress and road purposes and for utility purposes Recorded:. August 6, 1980 as Instrument No. 80- 249335 of Official Records Affects% The exact location and extent of said easement is not disclosed of record The terms and provisions contained in the document entitled "Covenant Regarding Real Property Waiver of Protest to Assessments" recorded February 3, 2004 as Instrument No. 2004 - 0086719 of Official Records. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. City of Encinitas Purpose:. a public highway Recorded% February 3. 2004 as Instrument No. 2004 - 0086720 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. City of Encinitas Purpose% public access and emergency access Recorded:. February 3, 2004 as Instrument No. 2004- 0086721 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document. A covenant and agreement upon and subject to the terms and conditions therein CLTA Preliminary Report Form - Modified (11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: Executed By:. In Favor Of. Recorded:. Chicago Title Company ORDER NO.: 12205964- 993 -SD2 EXCEPTIONS (Continued) M & M Development LLC, a California limited liability company City of Encinitas February 9. 2004 as Instrument No. 2004 - 0101826 of Official Records Reference is hereby made to said document for full particulars. 13. An Unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor:. M & M Development LLC, a California limited liability company Lessee% Encinitas Country Day School Inc., a California corporation Disclosed by:. Memorandum of Lease Recorded:. July 2, 2004 as Instrument No. 2004 - 0624934 of Official Records An agreement which states that this instrument was subordinated To:. Deed of Trust Recorded% August 18, 2011 as File No. 2011- 0424502 of Official Records By Agreement Recorded:. August 18, 2011 as File No. 2011- 0424505 of Official Records 14. A covenant and agreement upon and subject to the terms and conditions therein Executed By:. M & M Development LLC, a California limited liability company In Favor Of:. San Dieguito Water District Recorded:. August 17, 2004 as Instrument No. 2004 - 00782335 of Official Records Reference is hereby made to said document for full particulars. 15. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. The City of Encinitas Purpose:. Grant of open spacethabitat preservation easement Recorded:. September 14, 2004 as Instrument No. 2004 - 0874470 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted To:. The City of Encinitas Purpose:. city highway Recorded:. September 28, 2004 as Instrument No. 2004 - 0917461 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document. Note: Said instrument also discloses the existence of a 10' unrecorded sewer easement. CLTA Preliminary Report Form - Modified (11/17106) Page 6 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 12205964- 993 -SD2 EXCEPTIONS (Continued) IT An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted To:. San Diego Gas and Electric Company Purpose:. public utilities, ingress, egress Recorded:. December 3, 2004 as Instrument No. 2004-01140925 of Official Records Affects% The exact location and extent of said easement is not disclosed of record 18. A covenant and agreement upon and subject to the terms and conditions therein Executed By:. M & M Development, LLC In Favor Of.. The City of Encinitas Recorded% December 30, 2004 as Instrument No. 2004-01230300 of Official Records Reference is hereby made to said document for full particulars. 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. San Dieguito Water District Purpose% water line Recorded:. May 24, 2005 as Instrument No. 2005- 0437529 of Official Records Affects% The route thereof affects a portion of said land and is more fully described in said document. 20. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted To:. San Dieguito Water District Purpose% water line Recorded% May 24, 2005 as Instrument No. 2005- 0437530 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document. 21 22. 23 Any rights, interests or claims which may exist or arise by reason of the following matters disclosed by an inspection or survey: a) Poles and power lines in the Northerly and Easterly portion of the described property. b) A swale in the Westerly portion of the described property. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose:. public utilities Recorded:. Aueust 25, 2006 as Instrument No. 2006- 0608892 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $3,636,000.00 Dated: June 10, 2010 Trustor. M & M Development, LLC, a California limited liability company Trustee: American Securities Company, a corporation CLTA Preliminary Report Form - Modified (11/17/06) Page 7 PRELIMINARY REPORT YOUR REFERENCE: Beneficiary: Recorded: Chicago Title Company ORDER NO.: 12205964- 993 -SD2 EXCEPTIONS (Continued) Wells Fargo Bank, National Association May 23, 2011, as Instrument No. 2011- 0263807 of Official Records 24. A Deed of Trust to secure an indebtedness in the original amount shown below Amount: $1,950,000.00 Dated:. June 10, 2010 Truster: M & M Development, LLC, a California limited liability company Trustee: American Securities Company, a corporation Beneficiary: Wells Fargo Bank, National Association Recorded: May 23. 2011, as Instrument No. 2011-0263809 of Official Records 25. 26. 27 28. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $1,966,000.00 Dated: August 4, 2011 Trustor: M & M Development, LLC, a California limited liability company Trustee: First American Title Insurance Company, a California corporation Beneficiary: EDF Resource Capital, Inc. Recorded: August 18. 2011 as File No. 2011 - 0424502 of Official Records An assignment of the beneficial interest under said deed of trust which names Assignee: U.S. Small Business Administration Recorded: August 18, 2011 as File No. 2011- 0424503 of Official Records Water rights, claims or title to water, whether or not disclosed by the public records. Matters which may be disclosed by an inspection and /or by a correct ALTA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and /or by inquiry of the parties in possession thereof. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and /or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES- AND -REQUIREMENTS- SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form - Modified (11/17/06) Page 8 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 12205964- 993 -SD2 REQUIREMENTS SECTION 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: M & M Development LLC, a California limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and /or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps C) If the Limited Liability Company is member - managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form - Modified (11/17/06) Page 9 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 12205964- 993 -SD2 INFORMATIONAL NOTES SECTION I. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No Fiscal Year: 1 st Installment: 2nd Installment: Exemption: Code Area: 262- 073 -24 -00 2014 -2015 543,080.31 paid 543,080.31 paid None 19075 2. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 3616 Manchester Ave., located within the city of Encinitas, California, , to an Extended Coverage Loan Policy. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Tom Votel & Ken Cyr /gp CLTA Preliminary Report Form - Modified (11/17/06) Page 10 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate - and loan - related services (collectively, "FNF" "our" or "we ") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you does not create any express or implied relationship, or create any express or implied duty or other obligation, between Fidelity National Financial, Inc. and you. See also No Representations or Warranties below. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF wbsite and any online features, services and/or programs offered by FNF (collectively, the "Website "). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. How Information is Collected The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (S", driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative; • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others; and • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended See the Third Party Opt Out section below. Privacy Notice Effective: May I, 2015 Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs "). Web Beacons collect only limited information that includes a cookie number, time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third -party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non - personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non - personalized information about your online usage activity. You can opt-out of certain online behavioral services through any one of the ways described below. After you optout, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt-out via the Network Advertising Initiative industry opt-out at http : / /www.mtworkadvertisine.orel. • You can opt-out via the Consumer Choice Page at http://www.aboutads.in . • For those in the U.K., you can opt-out via the IAB UK's industry opt-out at htto! /wwwyowonlimchoices -mm. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. Use of Personal Information Information collected by FNF is used for three main purposes: To provide products and services to you or one or more third party service providers (collectively, "Third Parties ") who are obtaining services on your behalf or in connection with a transaction involving you. To improve our products and services that we perform for you or for Third Parties. To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization- Such laws do rot allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance hansaction; • To third -party contractors or service providers who provide services or perform marketing services or other functions on our behalf, • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good -faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non - Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry- standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our muted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non - Personal Information to take precautions against liability, investigate and defend against any third -party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or pan of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Information From Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice Effective: May 1, 2015 Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children — or others — in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non - Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices With Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ( "opt ore "). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by ratifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as arr agent of FNF. As described above, there are same uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hived w an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Riehts Under California's `Shine the Light' law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacv(a)fnfcom with "Request for California Privacy Information' in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please he aware that not all information sharing is covered by the `Shine the Light' requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. FNF Compliance with California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ( "CCN "), FNF is acting as a third parry service provider to a mortgage loan services In those instances, we may collect certain information on behalf of that mortgage loan servicer for fulfilling a service to that mortgage loan services For example, you may access CCN to complete a transaction with your mortgage loan servicer. During this transaction, the information which we may collect on behalf of the mortgage loan servicer is as follows: • First and Last Name • Property Address • User Name • Password • Low Number • Social Security Number - masked upon entry • Email Address • Three Security Questions and Answers • IP Address The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this websile. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. Privacy Notice Effective: May I, 2015 CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of the FNF Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Personal Information and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. No Representations or Warranties By providing this Privacy Notice, Fidelity National Financial, Inc. does not make any representations or warranties whatsoever concerning any products or services provided to you by its majority-owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National Financial, Inc. and/or the Websile are provided "as is" and "as available" for your use, without representations or warranties of any kind either express or implied, unless such warranties are legally incapable of exclusion. Fidelity National Financial, Inc. makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or will remain uninterrupted or error -free, that defects will be corrected, or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Fidelity National Financial, Inc. and your exclusive remedy with respect to the use of any product or service provided by Fidelity National Financial, Inc. including on or accessed through the Website, will be the re- performance of such service found to be inadequate. Your Consent To This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attu: Chief Privacy Officer (888) 934 -3354 privacy(afnf corn Copyright 0 2015. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: MAY 1, 2015 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ( "FNF ") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one - to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter CTC - Chicago Title Company CTIC - Chicago Title Insurance Company Available Discounts CREDIT FOR PRELIMINARY REPORTS AND /OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON - PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1 -10 -2010 Attachment One (Revised 06 -0514) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1990 (04- 08-14) 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 or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (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; (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 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 govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or 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 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 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 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 or for the estate or interest insured by this policy. 4. Unenforceability, of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability 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 claim, which arises out of the transaction vesting in the insured the estate of 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 - SCHEDULE B, PART I 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: I. 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, 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. 6. Any lien or right to a lien for services, labor or material rot shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12- 02 -13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' lets, and expenses resulting from: I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a building; b. ztming: © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, Attachment One C. land use; d. improvements on the Land; e. land division; and L environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a, 14, 15, 16, 18, 19, 20, 23 or 27. 1 The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the land by condemning it This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or net they are recorded in the Public Records; b. that are Known to You at the Policy Dale, but riot to Us, unless they are recorded in the Public Records at the Policy Date; a that result in no loss to You; or d. that first occur after the Policy Dale - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or m a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fiacmring, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: The following matters arc expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) riot Known to the Company, not recorded in the Public Records at Date of Policy, but Known to ft 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; (e) resulting in no loss or damage to the Insured Claimant; © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use All other uses are prohibited. Reprinted under license or express pennission from the California Land Title Association. Our Maximum Dollar Your Deductible Amount Limit of Liability 1.001/o of Policy Amount Shown in Schedule A or $2,500.00 Covered Risk 16: (whichever is less) 510,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 Covered Risk 18: (whichever is less) S25,000.00 1.00% of Policy Amount Shown in Schedule A or x5,000.00 Covered Risk 19: (whichever is less) 525,000.00 1.000% of Policy Amount Shown in Schedule A or 52,500.00 Covered Risk 21: (whichever is less) $5,000.00 2006 ALTA LOAN POLICY (06- 17-06) EXCLUSIONS FROM COVERAGE The following matters arc expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) riot Known to the Company, not recorded in the Public Records at Date of Policy, but Known to ft 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; (e) resulting in no loss or damage to the Insured Claimant; © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use All other uses are prohibited. Reprinted under license or express pennission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, Attachment One (Revised 06.05 -1 (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforeeability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the state where the land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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 claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I I(b). The above policy form 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 Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part 11, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of PART I The above policy form 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 Exceptions from Coverage: I. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART 11 In addition to the matters set forth in Part 1 of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: 2006 ALTA OWNER'S POLICY (06- 17 -06) 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 that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion Ila) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or g. 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 Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, Attachment One (Revised 06 -05- 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, of (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Late of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy forth 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 Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: The above policy form 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 Exceptions from Coverage: I. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land and that arc not shown by the Public Records. 5. (a) Unpalented 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. Variable exceptions such as taxes, easements, CC &R's, etc. shown here. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12- 02 -13) 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, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, uneaforceabilily or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Dale of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 1 I (b) or 25. 8. The failure of the residential strocture, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, Attachment One (Revised 06- 05 -14) 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence . 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Y 19 1 - .. W 2 sw'2 3 SA'e • S ia•L W7 2,.,0 N.Y Yw YY MY e6 O Lil KW COIMIv N2 P� 07 WT WW2 e 5HT I •w TAI sc>t ♦Y I I L >S lH � NRJ'I >w ff(ppS.T 7 .µvi.�viiM�+.Cn�IMIK`Ye i1�,e I- om. 2•R MAW AC n 2�DT • 262 -07 SHT 1 OF 2 25 2] wAe 2a, SEC 25— T13S —R4W —N 1/2 SEC 24— T13S— R4W —POR SE 114 OF SW 114 ROS 5185. 6016. 9416. 14943 r RECt'tRDED AT THE REQUEST OF CHICAGO TITLE CO" MAIL TAX STATEMENTS TO: Geoffrey Mavis 233 Wilshire Boulevard Suite 250 Santa Monica, CA 90401 1"9 DOC # 1998 - 0284894 May 14, 1998 4:21 OFFICIAL fiECOM SRN DIEGO COUNIY RECORDER'S OFFICE I� GREGORY J. SKITH, COONTY RECORDER FEES: 16.00 1999,0284894 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX a 0' ......Comp Wad on the consideration or value of property conveyed: OR ......Computed on the consideration or value less hens at encumbrances time of Sala Quitclaim Deed or Agent determining Tax - Firm Name �'— M FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Geoffrey O. Mavis, a married man as his sole and separate property, Robert Z. Walker, Trustee of Century Park Realty Trust 1952 -FM, Robert Z. Walker, Trustee of Century Park Realty Trust 1955 -DM, and Robert Z. Walker, Trustee of Century Park Realty Trust 1958 -PM hereby REMISE, RELEASE AND FOREVER QUITCLAIM to M & M Development, LLC, a California limited liability company the real property in the County of San Diego, State of California, described as: The North Half of the Northwest Quarter of the Northwest Quarter of Section 25, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof. *The Grantors and the Grantees in this Conveyance are comprised of the same parties who continue to old the same proportionate interest in the property. R &T 11 923(d). Dated Geoffrey O. STATE OF CALIFOR IA SS. COUNTY OF lef On I4 9f' before me, personally appeared 17Lo14Ley a, ALIS r proved to me on the basis of satisfactory evidence) to be the person(n whose name(/) iS /a subscribed to the within instrument and acknowledged to me that hetslse4hay executed the same in hisA %oHt#w it authorized capacitylae), and that by hla/bahit"r signaturels) on the instrument the person(d) or the entity upon behalf of which the personas) acted, executed the instrument. VJhJ a y. Robert Z. W er, Trustee of Century Park Realty Trust 1952•FM lam• -e .141 -T! �S-ss— ,a+ Robert Z. alksr, Trustee of Century Park Realty Trust 1955 -DM Robert W Walker, Trustee of Century Park Realty True 1958 -PM WITNESS my h and officials a Signature_ MAIL 41 STATEMENTS AS DIRECTED jar.. �• '' ABOVE WHEN RECORDED MAIL TO: (�( Irell & Manella LLP 1800 Avenue of the Stars Suite 900 Los Angeles, CA 90067 -4276 Attention: Ryan Z. Walker, Esq. MAIL TAX STATEMENTS TO: Geoffrey Mavis 233 Wilshire Boulevard Suite 250 Santa Monica, CA 90401 1"9 DOC # 1998 - 0284894 May 14, 1998 4:21 OFFICIAL fiECOM SRN DIEGO COUNIY RECORDER'S OFFICE I� GREGORY J. SKITH, COONTY RECORDER FEES: 16.00 1999,0284894 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX a 0' ......Comp Wad on the consideration or value of property conveyed: OR ......Computed on the consideration or value less hens at encumbrances time of Sala Quitclaim Deed or Agent determining Tax - Firm Name �'— M FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Geoffrey O. Mavis, a married man as his sole and separate property, Robert Z. Walker, Trustee of Century Park Realty Trust 1952 -FM, Robert Z. Walker, Trustee of Century Park Realty Trust 1955 -DM, and Robert Z. Walker, Trustee of Century Park Realty Trust 1958 -PM hereby REMISE, RELEASE AND FOREVER QUITCLAIM to M & M Development, LLC, a California limited liability company the real property in the County of San Diego, State of California, described as: The North Half of the Northwest Quarter of the Northwest Quarter of Section 25, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof. *The Grantors and the Grantees in this Conveyance are comprised of the same parties who continue to old the same proportionate interest in the property. R &T 11 923(d). Dated Geoffrey O. STATE OF CALIFOR IA SS. COUNTY OF lef On I4 9f' before me, personally appeared 17Lo14Ley a, ALIS r proved to me on the basis of satisfactory evidence) to be the person(n whose name(/) iS /a subscribed to the within instrument and acknowledged to me that hetslse4hay executed the same in hisA %oHt#w it authorized capacitylae), and that by hla/bahit"r signaturels) on the instrument the person(d) or the entity upon behalf of which the personas) acted, executed the instrument. VJhJ a y. Robert Z. W er, Trustee of Century Park Realty Trust 1952•FM lam• -e .141 -T! �S-ss— ,a+ Robert Z. alksr, Trustee of Century Park Realty Trust 1955 -DM Robert W Walker, Trustee of Century Park Realty True 1958 -PM WITNESS my h and officials a Signature_ MAIL 41 STATEMENTS AS DIRECTED jar.. �• '' ABOVE 14;0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of (� County of OX / On r! before In Oalo / 9 Na aWT411ad 08ker(e9.,'Jano Doe."Wb PuW-) personally appeared D� Z. 4),11 a-- ❑ personally known to me - OR -Z proved to me on the basis of satisfactory evidence to be the person(sj whose name($) is /are subscribed to the within instrument and acknowledged to me that he /sheAbey executed the same in his/heFA)ieir authorized capacity(iea), and that by his /WfAheir signature($) on the instrument the person( $), BnRBI',RAS.TANEZAIO or the entity upon behalf of which the person(v) acted, Cptrlmiss'on it 1171508 executed the instrument. Notary Public - corltomin ti 4jeS m WITNESS hand and official seal. I,ry Comm. Fxpies Feb76,2002 Y SgneWre a tklary OPTIONAL Though the information below Is not required by law, it may prove valuable to persons rei ng on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ■ i Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT TH;JiiBPRlM OF SIGNER Signer's Name: ■ FN G Individual Corporate Officer Title(s): _ Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: E 01995National NoWyAS Qlm -8 RMm nw..R.O.e 71U -Caro9a Pant CA91309-11M A ,No. 590r ReoNar. Cao Td4Fi 1.80P878.68 1451 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of �(p< On 8 before me, Darn personally appeared Z. •.Iw Dm, D personally known tome – OR –'-IA proved to me on the basis of satisfactory evidence to be the person(d) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheiit" executed the same in his/hefA"r authorized capacity(iee), and that by his/hwAl eir signature(g) on the instrument the person(g), BARBARA S.TANQAKI or the entity upon behalf of which the person(s) acted, • c I I executed the instrument. r ti�'SF� .. • I. . nos Angeles C� WITNESS my hand and official seal. My CoT ;xr Feb26.20M r 5lpunuo olNWryPu lc OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: HIM ■ 0 Individual Corporate Officer Tale(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: RIGKT THUMBPRINT OF SIGNER Signer's Name: E ❑ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHr THUMBPRINT OF SIGNER Q 19951Ja0aa1 r<oraN ASSMl31iM •8238 RB,MnOf Aw. PO. em 7160 • Caroga PDr CA 91308 -7180 P M. Wn RWM*r: C TO F" 18 8]6692) 1452 [CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of t: J*ii c.r. County of On b o/Yr before me,�� ar Nemo ana nne a orK.. (e-9- •�•• t»., Noory Puercl personally appeared n�e�f Z . Names) a Sprnrys) ❑ personally known tome –OR – *roved tome on the basis of satisfactory evidence to be the person(4 whose name(&) Ware subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/hw#84teir authorized capacity(ies), and that by his/herAl ek signature(A) on the instrument the person(sf), BARBARA S. TANEEM or the entity upon behalf of which the person(e) acted, COmmLsslon # 1171508 executed the instrument. Notary Pubic - Ccifomlo Los Angeles County MYCamm. 5Vtes Feb $C7m2 WITNESS my hand and official seal. sgnawre a Naan PuD OPTIONAL Though the information below rs not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual Corporate Officer Tdle(s): Partner — C Limited Attomey -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: G Individual ❑ Corporate Officer Title(s): 9 Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: O 1995 N&WW Naan Aeloe Wn • 8236 Remm A .. P.O. Box 7181 • Ca a Pak CA 91MI) 1186 RIGHT THUtr1t9PRPlr OF SIGNER R ;'' 206 I uu c..,�au.:. •: r %'.2n"••C� Z,. 7Cv rte•(• AA lKnum all 1XIM bQ (.(d"( &U? &U-( !ho aadvabfud tel: =b L' rb harlbY eraaa r to the layiadoal a., d u'�r'a�N"iahln(ef„ "fanwind dareriaed Pabµe rood. lose!!: 'w NIMBI irl '�. Uf' a�an�a,l• oy -du • uif- lL,l:6A.., Wm. i ?Qa! ' y w "4 le d. k, Y A 4l3(tt &r ,A, all i(nCq C 44 v Q t +w w.v. Le (u.ua W. •1 rli. 24 . m b n/ AWCS Ate /d L •i l ..! itM Lltm.ac 1F dy uw.l hiwwiy 1Lru!(, Z'ti ' / 1' B r,w; r7 ! N �d o /.4r /u �' b tL Mw-d'"A •y- •L..i• �i,[a! f 9,- �.C4r/ 6 Uq !.t1Aa.l^ 41AWk urick. Vj.4n••lnaa ho. I J Y %4 %9&W / 7 �; Gt sl aAi- 0 �•; �„r..C..(� :rl +,'' h,� •�,;C.(, u,� H.a +1:a_C /{ Ctv 1k/.l.•r,r..- !f �da.4 ,�Adx., ( /vtu.al�; and anon the nwhinf of /the erd•r,!b/Y�,�OW 9Wrd +/:�,,rerviJ< +, e,Nb4&URf tM rid doearited road w n — [r, y:,blw nilhuay ! U (A i"m / 1 r..L�9hV.�. •hore►Y h'ant Mr wrWt if n(at of raayfo San Diale Cerrary far &ad.mm"dr"dew ll.n,ebbaiafdaanriYdYMa/uAsah 'Lt; i l k fvt E� LW cf quU 14i-r•, L.l,ia d L&C A f'rdt�- � q,u u. r LIA. ('' t k kjl;- tjA '•V_a Qj �Lk�&, (J>. #-I- Uk 4J1. �7b , 3 A). �i7 '7 IAn.•( -(I r%w rgj�,�,//Y... rnl ..L u.44 c(: ♦j /� I.t1t CO "fLI•••iN.4. Y '- ( #- J.1.lA i4 \iA4M 4l.r,e O°�( l'MM ,� <[G•rµ iLMA yN `ufA.'J..1 Wl� �h.0 I V ,YI Vfla,• bli a Jul t.1 1B IM;, It R d O Ue /all �W Cfv �wh1 Crffaa, `ill as yk";� U., AW dIMA44 ro Je, .It' ,`t 4L, Wa uii:rdefw.ara`'aY�:a- �., ' atl 4 A. L9aa/y of 9sa Di•fa, liar• o/ (wiifwniw. _ L` �Nwaau my hand the _� :J M gai'%a[ "As.. 1lt,T - did.cbC �tP� -ti'wC. AOn /r4i , dao�f U49ataw• w the) ona dYauaand k(A;c A"d"d LA 777 F� in and for m" 6'owty, midind vt�a!da- d'dY' ao mmiJ, owed and lo,udiM�, aaw" aUy aj-awp,rd (� h"rloa fo m. b A W ltinw deoeribW iw aad uhaq ; dame AA ,r•bvibed en !hn snit".. ia,r.rw.4.1, marl`%. k. ruYnnw .41M ro ^•e (W`G e.._n, Fed the .nma In 10NMeaa lahrnal, f haw Anemia ul rY hand and a"- dray sNWI reai ar .,y ofar is fao I L'ounryW San D.fa, Sta(e al CaWornia, G• day Yrar t: n. daiwi.paalb �r •u•..vy„l� , da at r (!l4 Y ., 170 qf, win, gaol (r a•abl'Ntll. 4 ✓ r�O.own asorav WN iaaAd r r l• •i�ai Plrl:•:h7f.'.'h� r : ::•R 6S!!' UJi::! iiaiY4rG::: fOl9rtlpi-' f.!• a�•] ��all( Y• a: 19�U: 91�• LI• L�9IItll .•JF7R / /lgUlYM47III_lu�hltt 327 . 'he frictional A. 1/2 Of the S.R. 114 Or R*e. 33 YRD.11 S. R. 3 T.,S.S.H. geld Hlgheay tf ee 4o feet wide,- 20 root nn each Oise of the OwnteT lino of for,". AU- Ir. she COlotT Of San Mesa. State of Cellforrim. TITIRSS mY 3eml aM 7th day of Lnrch 1904. Hornell BURST. lit'.beth R. "ill"T. BY iTAgo victor, Attorney In fast. Stato o' d.11rornlm, bi In twla 7th naY Of !'dx06 Sn the Year one thvleea& n1om huuL+6 ass Sear CewOrc ne, Seel Prager, a ;Ote*;' rutliC _r er. fcr oa.ld County. rca1d111g therein, dull f 1801ebed _ end p; tallIIed•De_eonal:T C-Dea ed HOmol S11TOC SnOU to Me :o m, the Deraon Ceeclbed :n and mote nsme 1t OLD)a gibed to the within 1.^:etnoent, and he a0knOnledged to de teat he.erecsted the Woe. ig TI:a_Sc er.AaVP, 1 hate hrre'Irto eel. ❑Y MIA ane of «sed mT Official Seal,at m Offlo, t•.e C,,,ty of Los AAgelea, Rte* of Cal:fornla, the day and rear a`oec written. Fr /\IOSR,\ i - Sen l . 4'➢Y PNF ROCy PD In, and , Lsa /ngelet ? [C.Log Agl cwnty, Call f. S'L33 CD.) :AL• l BL010 Of : L!fnr016, 1 •� )Y .aunty 0- egn Mega. 1 Os Uwe Ito day a•' Laren, in •.t:e yev one shausatl6 rS ne rwind_.va ra toy Defore, ma. Tlll i. Ao1cxS. :flinty Clark a ea -of•t OSa 21erk o! w!Orlor CoIIwz. In And for I." County of 3v. LSego,Pereoral3Y k ^eared Hugo Tlotor, XROC. to raw to be the sans Servos RTMSO -Wme Is rubscrlbod t^ the within lnetr,atent an tha 4tto-ne7 Sn Pact Of llLebeth t'. Plot", and lap the eadd Rltge Ylator aOXnoaledged Lo ne LSet he Wlgeed the naae of lllrabeth Y. viotor trereto ea RTSne1DaI and his Own rime of At WIMY in 'sot. IR -,IMSS 1LTR °.QP, f -isle hmrva-la eel. VT x.114 try. nw!Sged m ee.^1c1W1 Weal at my Office Sn San TSagO,.Tne day i.d sal I .;:rve *ttLen. ArfeftOrt • 1111 N. Aolcmb, County '.lark vYt el-Offl Sen Clewa st.t 'art In and for the Octant- OT 9en ^Sego, State of ` � t:s;sy� Cal ltO:r.1a. Reocrded at re9WW% tf „*Wfy ;,lark 1.or 13 InOldt t0 = :r..reet R o'cl oft F.M. are. T. rerward, County eescrdiT. !/l� tea 11. 67 ��9d IaD UtY Reeoree:. aema of Rood San ilijo gick b Road: Petitioned by R. ge77ok1naon at al: Tlfth H." 1 pxatrltt. Sarlar la. 139. la0► AL/ YTR 8y ^HSSS " 7,S'n, -het Ache nee,On, the n`.derelgreed, do hereby Consent to • the 1,,rr[ on ant Ca:aDllrwllg of the felt•virg described Rublio rad,ts-Tit:- Seel Lnr at a Rai hoed Cf'oe*Ing South of .Ttlr_te* and rinning thence anuth- eeete -IT tLOVTy Raoa. 22 6n6 27 r*'D 23 3.11, Range e. Tasi,S.3.R. aj, then,, le.tarIT 2N ':?rtD -#wrt aril througD Sao.. 2,6,25, A 24 of amid 7". to a OOMOetion wltn LIM POblfa Aighs'aT twning allhl the seat Ilea of the Reneho Sm hlagolto, am Der slider 139xide Isom W2, 1599 ors race On wile Ir. L14 offl Oe f• the thS al`Or of Seh Diego Co:inty, Cal1r,rnlal ant uicn the rating Of the order of the ROOT& of YfierelaOrH Wit, 1lwhtr4 the Said mcerl Pea rose are a Dubll0 D,EhTgy, 1 Add Tiagaad �.raby ,,rN:L the ckear -ant of "gDt of set to San Diego CoLL ty for .arch Publlo road over the followl,4 dee0rlbed I*m of ehtob I_ W the oT>rs The North Porte Half of the IICrth -Taet puarter, and the AerttrreRt Plarter of the Yorth -Twat 1Ltarter�of sea. reentrLrire (25) ToanahtD thirteen (13) Rwth, mange your (h) Teat, I.3.X, Said glp.ar to be Ao feet side - 20 feet on aseh aide of the ob,tar liras of SurTer• the County to • isa0* be Peed on aseh side th_stgh said lsnd,a A build or conattt*ot . •C.ttle Ala• =dar said road el IArtarl a 3_...... : e* Iq* LL' SCeeBI© tlltrs- •I.GIJ�tL�1[2.1C9�:PA�biJei Itlrte1•JIItltSetil 11 / /IplLl♦SMllgllatu /�lrt 328 ,'or .Iw paessaa of etaOL Rx, one star w •.re other. All __ . _otntI of Car. doge, ssate F of California. ` 1 r1:Y&SS ey hdlW the 29 day of Oot. 1693. ' - Adan Ilegand. state of California, ) 7. )se COuht% Of Sall i'Sa /O. ) 1r On ;hie 29 dar of set. 1: VO yens one thrll TArd nine hl� and three k bcfare me, John SESelstOrrOr, 1' �.,- , nor said Caunty,"&I&Ing therein, Only Cocnlsslored and qu811fled,PSnronally q,,m,,.6 Adam lie,", :navn to me to be its Person 6etonbe4 in ant .r.o o t S nw.e '.a eabscrg�od t^ tYv within lnetxu r..t,And to .a cvledgel to Le tMt rr era -Q6sd %t.e Cara. I IN vI TTBST 7efp30l, I Gna E @reuntc at my fend and affixed vim+ otf1c1 e1 Coal It [tv Or'ict In tn! --rty of San Wage, of doll. ^oII &, lbe, day or" year ate.+ v-Itten. ' �state will H. 9oleoub, :n,:nty Cleat. Rf JObn = itel•terfer, MDUq. Recorded nt request or County tism APT 13 199%,at 4o r.1n.Pnat 4 o'elac% P.Y. JMy\. F. FatMard, !..t7 Secarder. Fee Ql. ST j Po"ty Re"a"ler. h r Me, OeeTge F. 0aet an -, Ha -alai: I. root (b1a ''a3 fa) c.' sec at ago Ccunty,Caii'orr.f. x, for _ 0 d In conalder at l an of the vM Of Ten 1110.00) r•1: era r0 'NS R7 IPA" to Henry D. foyer, of see r. oaneT M'I 9tne, All TEST RYAS PR)TiRn vit.tod In '.S.e Carty or ser. T.lego, state O! C NI- frrnla, bOVrlded and do.,rlbsd I. follwn:- She 5artbeaat Qu .- I1'4) a, -,h& Seat..% Qmrtc (ihl) of Cea,lon ngtteen (16) _ aa6 the North nnlL (1/2) or the sautneert Quazter of feetlon Sava- teea(17) southeeat Quarter 11%4) and the Most self (1/21 or the so,rtha Cat 0•Aarter (1)4) o^ section Yin -teen 119); also tract deacrlsad as folloMe:- Beginning at a stake FOrlY -three (43) feet east fr'aa the uomheaat corner o' the Yarthweat Quarter ( 1/4 ) a the mthrest quarter (114) a; see tIor rinata" 139) tionee A,un ina Vortf. flu (6) atelier ttalrOv last thlrteen C13) cods and five (5) feet; %Leta. South 511 16) cholne; thenoe east :nirt,.en (1,1 robe ana flve (5) tent to "In% of tegilCLrg; Also wee% half ( 1/2 ) oT PArtnaeA Qrnrcer ( 114) and sorthsaat qu -star (1/4) or southeest QJartar 11/4) of Station 7h1rt7 (30 ), n11 of lase abase de e.nse6 be1Yg In TvmaDly Ton (10) South of Rang. Teo 121 .act of S.S.Y. Also the rest half (1/2) Of 9r.e Swthsast porter (I /4) arm Yohthwert quarter (1 /4) of the southeast quarter ( 1 /t) are %).e reuthr.at Wisater ( 1/4 ) of the aoltMUt quarter 11/4 1 and _ thnt Perl 1 ^n of J the S +.tbenet T. _-tee (lfal f tM.laorlhe•at ¢aerie, (110) dletritated to III" L. Sebrrn In ue decree 0- dl etrttvkIM in t':o esgte.M Angus YeQuean,de0eased, all In aeatleh 24 ,TGvosr1V 10 south Of Range 1 east V.P.M. 11 10 , ^, OOETHTA vlth all cn.4 nl•gule the stteem.nte, beredttwnnta and arPUrtenaneas tnetewto - aelOrslna nr In anise a;0.rta!nIM4. TO YEW Alf TO KOLD tfe 8M a Darted and deearl Dad ire's _ teen unto the said Orsr.tee Isle teLe and ee-ign• forner. 7ITYgSs our hand@ and wale tale 25th day of Saota^_?ar 1903. Signed and ereO=Cd in Preee:ce of ) dear&* T. Coot. (Seal M. a. Ilradbl¢T. ) Hannah 1. Ooot. (seal na%e Of Ca11no-nis., )u Cain tY of 54 ^. Diego. ) On to /a Y$Lh er.: of Sent mOer A.D. elnetaen N+rare6 uYl Mares, Ot lase ¢n, • T. V. 9radb%erye a Notary Publie.In and f)r Skid CctI1tT.'ealding thO lIrl, gulf 0o 18aloned and moora, paraonelly a *.K sled OeOrge y. -OlSk cA fl* t -Sh Y. Coat (his wife) %turn to to to be the persons whoop. lira ee are ribecrlbed %a :h^. a.thln Snetrment, ant eatnoeledged to Me tnat they e10.. {` Muted the •et ». Ira al:, ISH n R1OF, I how. b-P =O let MY hue: Ant, fiffIX&I >s or -icitl ee81,at ry Of- • , at PC I' a 't t el tut , a N I t 1 r l _C Ron AD M 90.1 too mices ilt.lafs_ end d.aarlbM ggegisea =to the call efts"" thoif mtrn am .migaa, ferwt.y. f is ors mmr. rid Mrtwtlaa bed named tan acs is w L be signed by its President, ma saarerrf am its soraarate sea so be affix" tbarote. of this 1s" dos or s.pt..l9tT. M.m OOYT rrWARG MPART R7 J.LrT7�. r r 91r..ah •as eswut.d in Rid Om1a1A 9arl.rbarR. 1 AY Rolls", r Attest C.I, 4.hrlant Attest Be Onlifefaia aretaA 9Ti +R OF 1dl17C7sid. m. OC OBfT or w aitm.� Oa or" twelfth Am, of raptoeber ■iaateca Rmdnd end w nt,-eotw before M #alter Soused Aadoabarg a gets* Public in and for sold Ocunt7 and !tote, rf •laing thweia,anlp cemta,im" d MR. toraanall, append ].R.9T7i0Llta,koseo to an to be the preetleat had C.adtebanlant known to an to be the reorater7 of :b eorprstion daworlhN In an :bat as known the within Sactraat and alto knn to w to be the preen - .be ""ate d it on behaif or %M ecrperstleo th.r.0 sm.a en tMy ankanwhida.d to m the% eocb corporation aseo.ted %ba anec. 11 tIUMN manor / MI. hersento ant hand end smsed q offiow d..l at or offtae,in said Gaunt, of Ban Die.r.atate of Goltforaia. tba day and year to this •arSifisate rent above *fit%=. � .ALTS! Q,tM RaeMMIG 4,w ' Retar, Public in wed for the On"%. of Boo D1..J.2tat. of TO Oallfaria. Y' ReearaM at rstceat of d#anld Dealt, Go Oct to 1921 at 40 tla,pct 9 e'alook A.H. dfODO Joel R.7tRT,000m o00BDRa ,ef 02.00 NT B.G.P2BBCRB,DRIOTT ga00000 u 9RRSeT MR xm TT R^AD I Roc/ t.ncy 9e.426 I. OB1USV--#—A 1011CdBD awed - for cad to 002014010%SM of the Sea of- ac h.r.hy grant'to the 000WeT OF su BIadO,tldTR Or C6UMNI1, an Raaeaaet fee tea par pose of a right- of-aa7 90 foot wtb, for and an a public ►tgtw7, atnan aM ever the follwing d.aarlbed prapart7, rh. N4 of the ss3 of section BD,T. v M. ,a.. s., Mid right of eq blot mw part laalarlf danerlbod r raIIwa; d otrip of lien aU feat elf* Irian eimB am ainugswl to too .ect aaa Borth llaan of the BRi of bN B•* Settleft es, ecL tmaahiR.mrc perti- ealmly decerDM danartbed as faIIem; aagbaaly a% the A ecraor of ti, MN of the n} C� . ., .- rv+ �!' aS? Ff•" ya;. 1' ia! aA[!! �`, +PC`�'!1'' ?';rr..•mt7!n".�...,. ._..z'.., .. 3'76 of sold goorl" t6 ad ".nlad th"es from ease point of baliYtnt 1.?' 66 t. clops the a. line of amid g13 of 30 1!71.16 fast to a point on a mars lying con- Gave of 6119'11 the !111!011 Of 111th burs 1.67' :.1' 00. S. cad distant lay feet; thence S14W matt came Ic a northeasterly dir,•tiuu thrown N aagl, of 116' 08' t0' 67.00 feet; thane, 0. 89' 61' 1. 1Y9.01 toot to the idea lino of the B/3 of the I" of said section 20; thsase aocth dlca, the Gael :Soo .S said s13 of 173 t0 foot; thseos L a9• /1' W. So du dietsat and earellol to the north line of "it 113 of the 813 1199.76 fact to the sag /Yang of a oar'* to tbt `oft bdclzl a "dial of 90 feet; thence mods 8611 Gar,* thnnsb ma Sag" of ". no a Itsamaae of 140.K fog.; thugs 1. 0'86' T. 90 feet Natant and parallel to the meet Sts, of said M of O3 11t0g,07 feet to /r month line of said 913 of the 113 ; thongs list Glmaf said "nth lino t0 test to the paint of togeenlme. Data *"a at to oon"nao in fall Lone and affect am long " =I* pasp•rty is Ned for "N prp"G W "t►1 that portly of the palls blgbmV oeatainN In the above d "ors ►N preaiew bas been lzarilly ta"%84 by %ma only segstitutea public gstborttl".st mulch otne said property small mart " the Greater - szeootere aaminlstmors or "Glow. tITYM y ho-A and $"I this Ed By of Bey% .3917. "Rimlgl "140, (!cal) /T /:E Cr OaLIPCIQId,I lam. xuyTT or Eel Diem.) On tale Cod dy of sops in the goal a" th"*ong also hunlred Oda E7 before ng 7.B.1aLoM 0omity 93ork VA 4WOM61e 71673t at the taperier Overt to end for said 0omy.eht41L It • wort of r set harlot 6 Goal. ,.nwally ep"ared Obrlatl" letsaas mace to an to be the PITS" dngort%Gd to and .hose net to aNe*ribad tc ad Sae ezamut Od p.e OYtzM ingtrangat. Y1 aaknoe1o44et to ro that the etoseted the " ". 111 1121199 4119107 .1 mar• bereante act Is LW Ys art,zad tee coal of rats Start at y offla* in the 0ounf of Den alsp.t ►o day ad „or to this certificate f1 "t Neva erlttea. 11 "R CtAl l.t.a0iese Count Olork and earofflelt Glerk of %b• Ispr�or 00"t. Sr ob*eecr e. uahGde. ]*Poll sh IT 128pLy1D by the load of 7spervlowS of I86 Dtmp 0oo3t31.tbmt the dose or 7N915TIpd 111Ia1D #sled aaptmbir End 1997 Go..vsying land* th,r•in deeerlt" to ♦b* Oo"tf of Is& Diego. for bigbmy PGrpreet 1 1.9. 104161 bm. Yd and *ma* to hereby ngoepted. IT1':i C► ULIPEN IA. ,a,. OCVETT OP E#y D1100.) and I hereby certify that the ab DIO/foropiy is a fall.tne and eempigse copy of a gseoluti" a#opt•a %y the Soap# of Isperelsort of East Dupe Oourty on 1y of Ot toD er 1917. rtl.tiy 7.1.11alm to the . sand to I It P.wa "rf of t "v Smo *e Devito 1Y Diop 0susy, 062 I . I :l e i l d 9 1 ___ .��.�.��.___T�..•1.. -... w.nTt'ii'. -.1Tt„ ... wawa.— ..!f.... �.. . M7" sot N 19H rJ.DahaM. 0esey 01st F.green Repay besag24 el rola"t of 11aeay 21"16 of 3a9errlgere gat 16 1997 At SO e1A.9ast ( 9 *'e2 "t A.R. I011 R.Pn1r.000R27 110ORDn I 12049 Fee i-- � ✓ jT 24.0.!110011 DR0rr I ....191D01N)OOM..... LKP- 186066 n- 410.9.9011601 Sad LAURA 1.90110[ .h"1"d and wife. For and in 0es610erstlen of the goo of Y" do 10 100 DOLIAll DD 6810167 CIW12 20 RLA MAX PIT" ALL 11114 REAL POPI f altmt*d in the 21t7 rf 9" D109% Gas'" of loo D1e"' State of Calif Rnls. bo"d24 AMA 4000:1124 60 fell"Ot the 1"% rortr -fire 145) feel of the 1"t oat Redrod 1100) fast of Leto 1140 191 "a Tan (10) "d the Vest PoT1r-flre 1461 foot of the Rest as* Staffed 11001 :Yet of the North Ft" (61 Pat of Lot light (/) 10 11"6 low"OW -Soren "4 "e -half III*) i of UNIVERSITY 19IG141. "*818114 to 11eesd24 map thereof 924.1) G.A.808eesesrt .1A lost i S. Fog* 86 at 9.1, of LAO i.041r. in the effleo *f :b* d"ay low""T If Sold ten 1 i M01e 00unq. 7 TO ten ADD TO suLD the above hotted ad laaeri/24 Penn"" "" the ASIA i Orestes her 1Nn ad "e1/" forever. f ■Ill R*/ ear Ronde and Seale %hit are Ay of 000260.1891. 2igw24 a" l:aest24 in Protests Of -I 010.11.90RAM (Sea) j IAUU COMM [Seel) � by poe.l.Nrot (11601) Rtr Attoloy in feet I nu9 or CALIFORNIA. 000RTT or 1111 DISCO. I On this 11th dal of se%4ber 19t1.110fore IT R.0.lerrill Sr. • motors Fe1,114 in and for sold 09antr and ft4t00pr"nA"F yPar*A OW•/•/NA49 b to es to ** the person whose "es is 4"*4rIb G& to the fora981nR '"""Watt, alma "leowlel Aa %a that M O"dQ%24 the e"e. *i 41149/ y.iaad od efflelal goal the Any "A roar In this Oortlfi"to first ""a written. 1.O.RLSILL Jr.. s !star! flu to 111 ad ["wILA Oalatf and lotto. i Netar� Polls • \ Rave Mt 9TA :+ of OAi7icIlu.i i OOUIITY or SAN 01100.1 On this llth fy of 0etoler A.D. 1917.bofers " 1.0.16"ill Or. a later rstlt4. In eat for said 0"nt! LOA llate. Partisan" &"*&red 0*o.j61aaW1 fnea w W to at the Norees *bees these Is oobsert►24 to the wlthis i"tnWOt." the Attonm /9 PROs of Laura 1.9owagh a" eshfew124g24 to " that be a "aarlNd the " o of Lan /.laesel %"rote me prialipol Ana his oW "W " At"' My In feet. I,,,,, ?f; 2-64 ,RANT OF EASEMENT ,,. fir, �J WX THIS INDENTURE, made this 21st day of April, 1950 at the City of Encinitas, County of San Diego, State of California, by ELIZABETH SCOTT, the duly appointed, quallfled and acting Guardian of the person and estate of CHRISTIANA- WIEGAND, on'inconpetent person, Grantor, and SAN DIEGUITO IRRI -- GA.T10N DISTRICT, an irrigation district, Grantee, WITNFISSF:'PH: THAT, - WHF.RF.An, Crantor has filed a petition In the Superior c: COUrt Or the State or CnlffnleMA, to end for the Cuunty or San Diego, for ,authority ti, r,onvey a certain easement to the Grantee;:. and i. - WHEREAS, said Superlor- Court, after the filing of said ...petitl'onand after noticebad_ -been given In the mannerand - for the time required by law, did-on the 2let day of April, 1950, make.an order authorizing the conveyance of said easement and- 'Alrecting.thnL :.n1d Orantor execute chid naeement, a sort; -` ' fled copy of which order authorizing the conveyance of - easement iebeing recorded in the office of the County Recorder of said San Diego County, within which said land affected by the ease- Plant Is situated, upon the execution by the said San DSegulto Irr1N,At•Son;D.lntr1rL of on agreement referred Lo In sold order; and WHEREAS, the said San Dieguito Irrigation Dietz-lot has complied with the terms of the said order and has executed the agreement therein referred to; NOW, 'rHEREFORF., the said ELIZABETH SCOTT, as Guardian of the person and estate of CHRISTIANA WIEGAND, an incompetent z T person, Grantor, nurnuant to said order of the _.uperlur Court, Gaon hereby.graut to -'AN DINGUITO MRIGATIGN DIS'19117i, on irri- g.atl.on district organized and existing under and by virtue of the laws of the :fate of California, Its auooessora and assigns, hereinafter called the Grantee, an easement for the purpose of locating„ relocating., constructing, reconstructing, maintaining,. .operating, inspecting and repairing a pipe line or pipe lines, and all fixtures nna appurtenances incidental thereto for use In conhectlon therewith, for the Lransmiasion and distribution of water and all uses and purposes incidental thereto, together - h with the right of ingress thereto and egress therefrom, to and along said right -of -way, . together with the right to clear and keep clear said right =of- May -from: buildings, structures, explo- sives; trues, and other mateRisY. or growths detrimental to the usr3 herein granted. id right 3f 1:ngresa and egress Is to be 4xerciseA -with the least possible detriment and inconvenience tai_._, ttzc land re. uoed, and: any damage to growing crops caused therrby_. is Lobe compensated for by said ^.,n Dieguito Irrigation - District:: The lands In which such easement or right -of -way is hereby granted are situated in the County of San Diego', "tats of California, and are particularly described as .follows, to wit:. Lgto 3 :and 4 and the '',outheast Quarte_r,of Southwest Quarter " oP Erotica ;� np the Nord, half oC Northwvet gPaeter of °lection 2y, Toxnohip 13 . ".outh, Rang.�'t< west, San Bernardino Mtridion, in the County of San Diego, state of California, according to United States Government approved April - 19, 1881, as described in deed to Christine Yiegand, reoord6i February 16, 1923 as File No. 5854 of official Recorda in the County of San Diego, State of G'a lifornia. The route of said easement or right -of -way across ti,e:;V. aforesaid lands shall be as : "allows: ii ' In c')nsideratlon whereof said San Diegulto Irrigation _ District hereby agrees to furnish to said Grantor, or her Suc- 3. jI .Bngf.nhing at c r:rl(It on the Went line of Lot 1, Block 35 of :Hann)") Bantu V -, ur; c irrd lnl; L.r Mn; thoroof No. 174?, filed in the office of the County Recorder, distant thereon South - _ 2' 48, Esat y'(.: %e feet from the Northwest corner of Bald Lot 1, said point being on a curve concave Southeasterly having a radius of 35r feet, whose center Le ara South 26 42' 09" - East from said point; thence Southwesterly along the are of said curve through a central angle of 60° 22' 51" a die - tance of 368,85 feet; thence tangent to said curve South .. 26' 55' West 235-51 feet to the beginning of a tangent curve - -V - 'concave Southenstcrly, having a radius of 900 feet; thence �'�-uthweaterly along said curve through a central angle of 3 51' a distance of 60.47 feet; thence tangent to said curve South 03° 04• fleet 489.80 fact to the beginning of.a tangent curve concave Northwesterly, having a radius of - 500 feet; thence Southwesterly along Bald curve through e central angle of 391 10' a distance of 341.79 feet; thence .tangent toaeld uurve South 62' 14' West 102.01 feet to the beginning of a tangent curve conenve Northerly, having a -. radius of 6W feet; thence Westerly along Bald curve through 11 central angle of 25° 11' n dlatance of 263•12 feet; thence ` tangent to said curve :;oath 37° 25' +Vest. 47.94 feet to the - beginnlrw of a tangent curve .concave Southeasterly . having :a - radiuc of 400 feet; thence Southwesterly along Bald curve -_ through a central angle of 48'32' 30" a distance of 338.85 ,fact, thence tangent to Bu 1d curve South 38° 52. 30" West _47G.A5 rcet. to a point or, the South line of said Section 24, _digtent thereon ;:8.27 feet Westerly from the Southeast cop- - ner of the Southwest (;varter of said Section 24; thence • .c.on- j. -_. t.inuing ': -cuth ,3' S2' 30" West 22.05 feet to the beginning . of a tangent curve concave Northwesterly having a radius of - ,500 feet ; ;thence Southwesterly along ca'id curve through a - 6 _ opntral angle of 55° 471 30• a distance of 486.87 feet; . thence tangent Lo asid curve North 85' 20, West 26.40 feet; thence South 70' 30' Wcat 135.61 feet to the beginning of e tangent curve concave Southerly having a radius of 700 feet; thence we Bterly along said curve through a central angle of r - 22' 43' a distance of 277..54 feet; thence tangent to said curve South 470 47+ West 32,.51 feet to the beginning of a r: 'tangent curve concave northerly having aradius or 700 feet; thence Westerly along Bald curve thr,�ugh a. central angle of - 18' 52' 30 "'a di.etance of 230.50 feet; thence tangent to said curve South 66' 39' 36" West 589.12 feet to the be- ginning of a tangent curve concave Southeasterly having a ' radlu, of 875 feet; thence Southweaterly along said curve through acentral angle of 106 23' a distance of 159.84 _! - feet* thence tangent to said curve "ouch 56' 11' 300 Vest -y' A 60;.44 feet to n paint in the !Vent line of said Section 25. distant thereor, South 0° 36' West 1216.14 feet from the ' Northwest corner of caid :;ectlon 25. ..,E In c')nsideratlon whereof said San Diegulto Irrigation _ District hereby agrees to furnish to said Grantor, or her Suc- 3. i cessava in intern. k. Lu the land IY;•voraed by s:,ld V191LL -uf -way, C::c ('- Ct••C-LUaI right to the use !)1' water from its system st n: tnta r.r Its Line Over ca.lrl land to the extent of not to ex- ceed one thottnand 1 000 ( , } gallons nnr d:y for d,,meat lc use 'd LOW atacr. water at the same rates and tinder the same regulations''" xy " establivhed from time to time for like uses and purposes within �. But .ir far :in; reason within the control of the r .rntee, s:rt.., Urantee shall fail tr. lhrnlsh, or .ontlnuc tq ' fUrnlsh, water as abuve provided, it hereby agrees to pay to firer ;u;•,•eaorr 111 interest in said land, the ,a,^ suen , ;i- Five Hundred Dollars (4500.00) as condtderatlrm far bald ' right- ur -wr.y, and as Indemnity for expenaea'Sncurred inutflSz - ' inE said 'water. x, ',.. It is ernressly agreed that the Grantor shall ha ve ti,e rteht, at her own rizk, Lo use the surface of the - right - � ef -way hereby granted for afriCUl'tUI'al u:;ef except fur the '- pl r,nttn g and L'fow.tnC :,f trees; and the right to cross "or -make Ilse of the surface in a manner nest Uctrimental to the tnstalla_ . ttan, construction, operation, Inspection, repair, maintenance ). and replacement of a pipe line or pipe lines, or to any other �`•i p:rposes' and uses as are u± may be necessary or incidental to the construction, :maintenance and operation of the Grantee's ` tti^ r'roposed pipe line or pipe lines. - And the Grantor hereby agrees, fur herself, her :successors ar asalena, that she will not plant trees or con - ntrvet up .:;ruse to be '!;nstructcd rued maintained ani builaings - v or structures of any nature or kind wlthln ten (10) feet of said pipe line; or store or permit to be stored or use upon said right -of-way any blasting supplies or explosives coemronly used for blasting purposes. 4. i k as'oossible and,if interrupted, will be . promptly restored to ..�; use at_� - the . expense of the Grantee. IN WITNESS WHEREOF, the said Gtiardiah and the said Sa;n Dleguito Irrigation District have executed this conveyance e "a of easement the day and year first hereina�bove written. .2 s ai or —{he ereon ems- ' Estate. or-MISTIANA WIMAND, an Incompetent person SAN DIEGUITO IRRIGATIONDISTRIOT, all IY44MPion dist�rtict,,, BY V And the Grantee hereby agrees that it will avoid unreasonable ]ntereference with the use by Grantor, and her - auccessurs, of said right -cf -way, and agrees not to fence the same, and agrees that the Grantor may enjoy the surface Ilse of the land herein described, subject to the conditions above .M stated; and agrees to permit the Installation by the Grantor of water pipes reasonably required for Grpntor,s use on her : -41d property . over and across the right -of -way in a manner whlrh will n =t lnLurl'r,rn wllai the Gr•anteera -pipe lines and I: . Operations; provided, if the location is to be under Grantoe,a,1 pipe line, it must be installed eubject to 4ranteele supervi- sion and approval, and the Grantee agrees after the Installs - CYsn of ILu pipe lines to restore the surface grade above the fdpa to as -nosh thrr urlgln+rl 110voll on as.practicable. All hrnaent lnotallen ntt- lltirs will be 1nLarrered with an little . n as'oossible and,if interrupted, will be . promptly restored to ..�; use at_� - the . expense of the Grantee. IN WITNESS WHEREOF, the said Gtiardiah and the said Sa;n Dleguito Irrigation District have executed this conveyance e "a of easement the day and year first hereina�bove written. .2 s ai or —{he ereon ems- ' Estate. or-MISTIANA WIMAND, an Incompetent person SAN DIEGUITO IRRIGATIONDISTRIOT, all IY44MPion dist�rtict,,, BY V 5. STATE OF CALIFORNIA) - P.(M.Y( "'• "'A COUNTY OF SAN DIEGO) ae On this 52L day of April, 1950, before the undersigned, a Notary Public in and for said County and State, realding therein, duly commissioned and sworn, personally appeared ELIZABETH SCOTT, known to me to be the person whosr name is subscribed to the foregoing in- strument ao Guard' "I or the pernun and eatate of CIMISTIANA, WIECAND, ,,n incompetent person, and aeknowl- edP,ed to me :that she executed the same as Such Guardian. WITNESS my hand and official seal. %TA 7T! OF r /tLl'PORNTA� C UUNTY OF 4 DIF.OJ On this ,e,. 'dqy of AVri11, 1950.' undersigned be�'ora the ,`e Notary Public In and for satd- County and State, residing therein, duly commiseloned'andswnrn, Per00hally appeared EARL A. 13ATCHELOR known':tb'me to be the President, and FRANK n. JACOBSON known to ma - -L6 be the Secre- tary of the Corporation that executed the within Instrument, known to me to be the persons who executed .the within In- atrument on behalf of the Corporation therelk.1.named, and acknowledged to me that such corporation executed 'he same. WITNESS my hand and official seal4 r n anor `c- a + +c County and State 6. I' ' 1 .5 S :4::: t5, • ktH. -W r State of cauforda County of Si;4Mego W11 Aftw nWftWR 5-an. —Ell lo— Limited -- SL 37.3 S.- - 1L01exZA=-A1vd I Not Re.....__._. ._......... me . ..... .... JQ.hA-Y, X40A#h, zc-vcjy--5-r,.. Xxt . , ie zev 1�� fW Okm-kQw VAP—,.Ihcy- M;is MW bmilow W1. 74 n 1111 My Cvn:m!on Uphs Aug. 1Z IM SPACE MON YOR 11CORMA'S USf MY FILUPACE U- SUMED REOUEST OF low TIM MWANCE M. AUC 2 ";oCvL'i SERIES 2 8XK 311 60 OFFICIAL RECORDS SAN DIEGO CWNTY, CALIF. A, S. GRAY, RECORDER ro rM PLACE INTERNAL REVENUE STAMPS IN THIS SPACE GRANT DEED T% rONM SIA4IS7[e 1Y 'JNIDF 'Pitt N ARAW VOPANY J=1 %c iJ t c; Affix I. A. S. 1..262.35 JOHN V. NAISH and ALICE G. NAISH, husband and wife- RAYMOND C. SEBOLD and MARGARET W. SF.BOLD, husband and wife' W. C. ROCaikl ER and VERNA ROCKERELI husband and wife, and J. G. ZEVELY, LE. and MARIE ZEVELY, husband and wife, rPASTro SAN ELIJO LIMITED, a Limited Partnership, IM, •eei goierh L, the Safe $1451060. descr!Itd e. FOR A VALUABLE CONSIDERATION, do hert2T Cr,nry of Sao Diep, PARCEL Is That portion of the West half of the Northwest Quarter of Section 25, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Goverment Survey approved April 19, 1881, lying Southerly of the following described lines Beginning at the West Quarter corner of sold Section 25, as shown on Record of Survey Map No. 5185 riled in the office of the County Re- corder of said County; thence along the West 1146 of said Section according to said Record of Survey Map No. 5185, North 0e 321,16" East 1087.29 feet to a point on an 810 foot radius cure concave Northwesterly the radial of said curve through said point bears North 470 231 06" West being the TRUE POINT OF BEGINNING; thence Northeasterly through a central angle of lie 002 00" Along an arc 155.51 feet; thence tangent to said curve North 310 362 54" East 799.10 feet to the beginning of a tangent curve having a radius of 810.83 feet concave Southeasterly; thence North- easterly through ■ central angle of 210 411 55" aloY4 an arc 307.07 feet; thence tangant to said curve North 536 181 49" East 758.62 feet to the Past line of the West half of the Northwest Quarter of said Section 25. ALSO the South Half of the Northeast Quarter of the Northwest Quarter of said section. PARCEL 1 -A2 An easement and right of way for road purposes and for water, gas, sewer and other utilities, power and telephone limas and appurtenances thereto to be used In common with the grantors and others over, upon and under the East 60 feet of the North half of the Northwest Quarter of the Northwest Quarter of Section 25, Township 13 South. Range 4,West, San Bernardino Base and Meridian, in the County of San Diego, State of Calif- ornia, according to United States Goverment Survey approved April 18, 1881. EXCEPTING that portion lying within Parcel 1 above. The easement and right of way described in Parcel 1 -A is hereby declared to be appurtenant to the land described In Parcel 1 above and to be for the use and benefit of the present and future owner or owners of all or aqr part thereof, and also Parcel 1 -A is hereby declared to be appurtenant to the land described In Parcels 2 and 3 hereinafter described and to be for the use and benefit of the present and future owner or owners of all or any part thereof. PARCEL 2 1 - That portion of the North half of Eectloa 25, Township 13 South, Range 4 Nest, Son Bernardino Base and Meridian, In the County of San Diego State of California, according to United States Goverment Survey approved April 18, 1881, described as follows FILE /PACE No8O 135184 BOOK 1980 RECORDED REUUcaT OF Recording Requested By: TITLE INSURANCE AND IRUSI :y and 77 When Recorded Return To: W L1 343N'86 Mc DONALD, HECHT : WORLEY OFFIG:AL:L.CGj DG Attn: Darryl O. Solberg, Esq. SAN DIEGO C ULYLE CAL:'. 617 Financial Square RECORDER 600 "B" Street $9.00 San Diego, California 92101 DOCUMENTARY TRANSFER TAX /Q 7/7/ -(Q�` (3 COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, OR J 0 COMPUTED ON FU'.L VALUE LESS LIENS L ENCUM- ,p DRANCES RCIa1i4l,iD T:ICD50N A I OF - TtTC -Q = - SlpulUro or tl"v.loAm or :CCn tlof --- - faz Firm Name Unlncorp"ruNd Arca L7 CRy of ________________ GRAPTT OF EASEMENT { i THIS GRANT OF EASEMENT is made this 8th day of April, i j 1980 by COTA DEVELOPMENT CORPORATION, a California corporation and OCF ENTERPRISES, INC., a California corporation, (herein- after collectively "Grantor "). I R E C I T A L S: A. Grantor is the owner, each as to an undivided one- ! half (1/2) interest of that certain real property more particu- larly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter referred to as the "Servient Tenement "). B. RANCHO EL CAMINO, LTD., a California limited partnership ( "Grantee ") is the owner of that certain real property more particularly described on Exhibit "B" attached hereto and by this reference incorporated herein (hereinafter referred to as the "Dominant Tenement "). NOW, THEREFORE, Grantor hereby grants to Grantee an III easement as follows: 1. Grant of Easement. Grantor hereby grants to Grantee an easement as hereinafter described located in, over and under portions of the Servient Tenement and more particularly described on Exhibit "B" attached hereto and by this reference incorporated herein. rFr. Iv.r.v.,.n1 t:I.d tnr --" by Tft b�tl M.. .... N W b H. O." a 4] 4 As 2226 2. Character of Easement. The easement granted herein is appurtenant to the Dominant Tenement and each and every portion thereof and to each division thereof whether by Parcel Map, Subdivision [Sap or otherwise. 3. Description of Easement. The easements granted herein are for ingress and egress and road purposes and for utility purposes. 4. Use. The easement granted herein includes the follow- ing uses by those entitled thereto: (a) Vehicular and pedestrian ingress, egress and access; (b) utility purposes 1 including but not limited to gas, water, sewer, electrical and telephone services. 5. Exclusiveness of Easement. The easement granted herein is not exclusive 6. Slope Rights. Said forty foot Easement shall include any and all additional property necessary for a. forty foot net i usable roadway. Said slopes shall be certified by a licensed civil engineer who shall determine the extent and details of such slopes, which shall became a part of this easement. 7. Modification of Easement. Said Easement may be moved by Grantor with the written consent of Grantee upon recordation of a new easement upon the same terms and conditions hereof; provided however said new easement shall run in all events from Manchester Avenue on the north of the Servient Tenement to the southeast corner of the Servient Tenement and the northeast corner of the Dominant Tenement. B. Binding Effect. This Easement shall bind and inure to the benefit or detriment of the respective heirs, personal representatives, successors, assigns and grantees of the Grantee and Grantor respectively. -2- •o 11 / m i I i . - Mrs J 2227 9. Secondary Easements. This Easement granted herein includes incidental rights of improvements, maintenance, repair and replacement as may from time to time be required by Grantee. IN WITNESS WHEREOF, Grantor has executed this Easement the day and year first above written at San Diego, California. By: By: By: By: By: CORPORATION OCF ENTERPRISES, INC., a Calif- ornia corporation -3- F x •O c W cil D O STATE OF CALIFORNIA ) COUI4TY OF '� ) as. On April llf, 1980, before me, the undersigned, a Notary. Public in and or. said State, personally appeared MAA Cedc v . known to me to be the _�n�r';/e,fir n known to me to � e OE COTA DEVELOPMENT CORPORATION, the corporation that execute the within instrument, known to me to be the persona who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. nwn.x�nMnM1L• WICIAL `-.sL•r.Lti wnu.L su, f S. DELL NOTARY PUBLIC NOTARY PUOLIC � GLIf-0RNIA y �'f ".� PrmuD�I PI:Ce In::.n Oieti�counry } eY Wmmis:bn [[D• lum 25 19t2 I�[Y V 1MtW ILL1'Kl`.1111MM1 W. STATE OF CALIFORNIA ) as. COUNTY OF_�, On April j, 1980, before me, the undersigned, a Notary Public in and for said State, personally appeared U n'+ C -it (rnh n AI , known to me to be th r. end known to me to be tne of OCF ENTERPRISES, INC., the corporation tha execute the —� within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant of its bylaws or a resolution of its board of directorE. WITNESS my hand and offical seal. M1'VYIIMIW.W.L11I1^AIAL S;ZLYV1. Rrgt4l S[Al u� 5. DELL XOTARY PUB! IC C. CAIJmRXP NOTARY PUBLIC ; / Pnrc:p l wro vI Cm m.r +�unp U !tl' CDemtWM D[ )um 25 1982'• STATE OF CAUFORNUI)RE COUNTY OF.S�tJ(,1<�,>) Z On this i r rh day of A �l 19) ,before me, the W w cn OD undersign��LLd, a Notary PubL(�llc In and for said county and state, personally Oa r appeared/ .1 "Jv /Y) � (>— rLph..) , known to me to be the . person wh M n4me is subscribed to the within instrument as the attorney - in -fact of LC F C_27t? r eriz.0 & C' . T. C_ aO�poratl� , and acknowledged to me that he subscribed the name of F c nr.Je t t Sv a corporation. thereto as principal and his own name as attorney -in -fact. WITNESS my And and official seal. M1Ll': J.L11N1i:.LYN /-L• L1`.Y.W1lVjl al ^ TART PURLL^ IAIIPoAXIA �••' '1 PruviDOI OIIK, in'.m C.: ,Cvunbl [Ir Gmmlubn Lm. luny 25 1982 f; i' 2229 EXHIBIT "A" THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTIOU 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN TILE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. k' 'O Iv Q va O I r i i i ( } M 2230 EXHIBIT "B" THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO• AND IS DESCRIBED AS FOLLOWS: PARCEL I: THE NORTHERLY 668.00 FEET OF THE SOUTH 3/4 OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE It WEST, SAN BERNARDINO MERIDIAN. IN THE COUNTY OF SAN DIEGO• STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, DISTANT THEREON 725.18 FEET FROM THE NORTHEAST CORNER OF SAID SOUTH HALF: BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF PROPOSED MANCHESTER AVENUE: THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 51 039.01^ NEST TO THE WEST LINE OF SECTION 25. ALSO EXCEPTING THAT PORTION DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED JULY 7. 1978, RECORDER'S FILE NO. 78- 283319 OF OFFICIAL RECORDS* SET OUT AS FOLLOWS: PARCEL NO. 77- 0336 -A ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN• IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, DESCRIBED IN DEED TO FRANCES M. BREWER, RECORDED FEBRUARY 6, 1976 AT FILE /PAGE NO. 76- 037272 OF OFFICIAL RECORDS IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL NO. 77- 0731 -A ALL THAT PORTION OF THE NORTHERLY 668.00 FEET OF THE SOUTH 3/4 OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 NEST, SAN BERNARDINO HERIOIAN, IN THE COUNTY OF SAN DIEGO• STATE OF CALIFORNIA, DESCRIBED IN DEED TO FRANCES M. BREWER, RECORDED FEBRUARY 6, 1976 AT FILE /PAGE NO. 76- 037272 OF OFFICIAL RECORDS IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, LYING SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF THAT PORTION THEREOF DESCRIBED IN DEED TO BERMAN SWARTZ, TRUSTEE, RECORDED APRIL 6, 1972 AT FILE /PAGE NO. 84954 IN SAID RECORDER'S OFFICE. , o F t NOW 2231 EXHIBIT "C" THE EAST FORTY FEET OF THE NORTH HALF OF THE NORTHWEST QUART13R OF THE NORTHWEST QUARTER OF SECTION 25, 'TOWNSHIP 13 SOUTH, &INGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. •O N W CA 00 ID !i -• ... .. AU- ;r.�9335 1 :cc3Ru_0 Riaur..•OF Recording requested By: 7Slf w. "I'l sk* .1ik• fMl$ When recorded Return to: Manchester Parma west 1970 No, El Camino Real p;, 4;,;4;. US Uncinrtas, CA 92024 r.,. it •' UU "11.`P s4� GRANT OF EASEMENT �da-A THIS GRANT OF EASEMENT is made this � of _ __.I_ 1980 by COTA DEVELOPMENT CORPORATION, a California corporation and OCP ENTERPRISES, INC., a California corporation, (hereinafter co.11ert.i.vely "Grantor "). R E C I T A L S: Grantor is the owner, each as to an undivided one -half (1/2) interest of that certain real property described as follows: The North half of the Northwest Quarter of the Northwest Quarter of Section 25, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof. NOW, THEREFORE, Grantor hereby grants to The State of California, Department of Parks and Recreation, Grantee, an casement as follows: 1. Grant of Easement. Grantor hereby grants to Grantee an oasement as- Fieroi'nafter__&5scribed on Exhibit "A" attached hereto and made a part hereof by this reference, located in, over and under portions of the rual property above described. 2. Description of Easement, The casements granted herein are for ingress ' and egress an roa d purposes and for utility purposes. 3. Use. The easement granted herein includes the followinq uses by t o—jo entitled thereto: (a) Vehicular and pedestrian ingress, egress and access; (b) utility purposes including but not limited to clan, water, sewer, electrical and telephone services. 4. Exclusiveness of Easement. The casement granted herein is not cxclus ve. '-�� ►Z 5. Slope Richts. Said forty foot Easement shall include anv o foot and all. ad-61t onal property necessary for a forty net usable roadway. Said slopes shall be certified by a licensed civil engineer who shall determine the extent and details of such slopes, which shall become a part of this casement. O 6. Modification of Easement. Said Easement may be roved by Grantor with the written consent of Grantee upon recordation of a new easement upon the same terms and conditions hereof; provided however said new casement shall run in all events from Manchester Avenue on the North of the above described property to the southeast corner of the above described property. 00OUK"TARY TRANSFER TAX f..-___._ ... O COMPUTED ON rULC v";'; , : - • -nrn, oa U COMPUTLO ^N ;v,• - .% U;A 3*whm of ,A,Cla,.yrl w :..; y.! dU1...."nc•,L L,r I ,A1 Na"r -Page I- 11 qex�alol- '397 7. Binding Effect. This Easement shall bind and inure to the benefit or determent of the respective heirs, personal representatives, successors, assigns and grantees of the Grantee avid Grantor respectively. R. Secondary En ements. This Easement oranted herein inrludes incidental. rights of improvements, maintenance, repair and roplacoment as may from time to time be required by Grantee. IN WITNESS WHEREOF, Grantor has executed this Easement the day and year first abovo written. COTA DEVELOPMENT CORPORATION. a Californii. corporation l _ BY: OCP ENTERPRISES, INC., a CalA forr•ia corporation BY: r .cLf..:' �r�s' i o'e r BY: 1" "1' �TITtA INSURANCE rt orplraw,n)• � AND TRUST to i Ir %I,NrE nh CAI.Ihn NIAn IM E ) 2. , 19 PC herme: me. the under•iorleJ. u Notary Pubb, In .,nd N, .a;d 4upre• red Orlando C. Ferrante known W me to he Ihr Proidenl, and moan wnre w N- S"relary .rf the rorrynutan+ Ihd nnvted the within In•Irument, 1 n,.wn h• nr ,, M• the puvM+ who eceeuild the within InNninrm ,M hrhall of IM nrcp\valiun (herein named, end uAnuw9eJµrJ w me that i,h VoZratiun ""Wed the .M within m "tr.au'nl M\r.aanl w In hY -law, ur a rewdullu, of �r`ifr.�, pFFICIAl :'1 11. haavd df diraaun. i try" * MCTA CHAW)i I R WIfNh. \S my hmd nml uthclul +env. 1(�•Jk. xornn. l•.In �f .eµ.,.:y,., t (117 �"oAtz�'1 IIX, ul(d l l. CWNIY a.. NY exam. erphM hl'N 1 ^, m; l q I iI+M eM Ief,YlkVl MW I wwl t • T T N 11',rprtlNtaM I • NO A TRUST ti5. l f 13 t r L be( to ore. t underai{nal, a Nwary Puhlia in and tar wN Ni:dc, IrrwmnllyhpMred Mot-) i I ti'# r' / / '_ ? r` r'.17 tZ 6 • fJ�,La kra+wn lu one to he the Preudenl• a and 1 1y x ,a( the \•+rp,+raln+n that e%ecuted the wllllln Innifurornt, , ,\ tixt��ti� 'v \1ti1,y�•J.1•.•.••••SV\u ' 'O •I kna+wn Ito one too he the Mrwrn• who eteculod the within • •S p,rflN RIM ro7 ( (/7 at ad•nowledanl lu one that tuch curponniun emuted the 1 1ti '1.' Nrl hell 1'111' ^C �11110RNIA Recording Requested bq: City Engineer When Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas CA 92024 1692�- DOC # 2004 - 0086719 F= EB 03, 2004 3:36 P1" i OFFICIAL RECORDS SM DIEGO COUNTY RECORBER'5 OFFICE GREGORY J. SHITH, COINfY RECORDER FEES: 0.00 VA�� IB'hQ I ID UUU � U��OIA � All RIN AN NI� SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY WAIVER OF PROTEST TO ASSESSMENTS Assessor's Parcel Number: 262- 73 -24 Project No. 98 -039 MUP, DR, CDP A. M and M DEVELOPMENT INC., A California Limited Liability Company ( "OWNER" hereinafter) is the owner of real property which is commonly known as 98 -039 ( "PROPERTYn hereinafter) and which is legally described as follows: See Attachment "A" which is attached hereto and made a part hereof. B. In consideration of 98 -039 MUP, DR, CDP OWNER hereby covenants and agrees for the benefit of CITY, to do the following: No protest shall be made by the owners to any proceedings for the installation or acquisition of street improvements, including undergrounding of utility lines, under any special assessment 1911 or the Municipal Improvement Act of 1913, or any other applicable state or local law, and whether processed by the City of Encinitas or any other governmental entity having jurisdiction in the matter and for the purposes of determining property owners support for same. 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 notice nder this Covenant are a lien upon the PROPERTY. upon opportunity to respond, CITY may add to the property tax bill of \ \KRUSrr \VOLT \6HAR%D \EMG \Tanura\ ward \covenants \waiverAsn \78.039 CDP,DR, if{i -S , M and M dev, P.ncinit" Country Dsy.doa 16922 the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incurs costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. F. Failure of the OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon OWNER'S satisfaction of OWNER Is duties and obligations contained herein, OWNER may request and CITY shall execute a "Satisfaction of Covenant ". }i. By action of the city Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: OWNER j� �� AA Y = 9 LL( Dated -��yq (Print name:) Dated � Gn "� (Princ nom J Dated (print fµme'� (Notarization of OWNER signature is attached) I OF N NI Dated 3 �D 4 by (Notarization not required) Peter Cota- Robles, Director of Engineering Services \ \KRUSTy \VOL1 \SHARED \ENG \Tamara\ Nord \COve�ts \waivarAss \96-029 CDP.M. 6662•I . M and M dev. Encinitas Country Day.doc 16923 cAS tcntawtA At1.PURPOSE ACKMOWLEDOMENT Slate of California ss. County of S(%ft b — 9° On Oclob?• 2.003 before me, —R y6tE: � av� is TW a wm Ge. fJmr aow neury eWCj personally appeared eo (t4hN.Vll �-aI ROBERT M. NEILL Commisslon N 1296654 i v_ Notary Public - Colifom[a g Son Diego county - W GC Eq:rg MCI 20.2tA5 ❑ personalty known to me )j proved to me on the basis of satisfactory evidence to be the person whose name(k Coa1e subscribed to the within instrument and acknowledged to me the r*Ahby executed the same in Jr MsBir authorized capacity(U), and that by ( rVrftW1( signature(V on the Instrument the person(, or the entity upon behalf of which the person(p) acted, executed the instrument. WITNEA my hand and official seal. Y"VWl K'I I �y�A' -- sgww a �a.ry rwr OPTIONAL 7Mrgh rlw udorrnerion ba w n wr mtraw ivy bw, Or mq Pow rokmbAe M Pe— relyvv m dre doav wg omit coudd P'" lmuduknr rwnov l Avid roelfadvnWW Of Ms rmn ro awthw dantlrwx. Description of Attached Document Title or Type of Document CovCnti.� t w�r Rt.1 Pre .� VJrwCf Document Date: lolllj 'S — Number of Pages: Signer(s) Other Than Named Above. _ Capacity(les) Claimed by Signer Signer's Name: O Top bhive Individual We O Corporate officer — Titfa(s): _ ❑ Partner — 6 Limited O General D Attorney- in -Facl ❑ Trustee O Guardian or Conservator ❑ Other. Signer Is Representing: - - o ewe x.vmaJewy e.aa.� • OYSa w ;oo • ». eo. z+ NF • Oewvn. a ai nJr.w •.....o.,�r..J 16924 ATTACHMENT "A" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. CDP 98 -039 DR, CDP PROPERTY DESCRIPTION The North Half of the Northwest Quarter of the Northwest Quarter of Section 25, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof. Oar Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 X6925 FOR THE BENEFIT OF THE CITY ) DOC # 40004- 0080720 FEB 03, 2004 3 :36 PM OFFICIAL REM SAN DIE90 CUTY RECKER'S OFFICE OREEOOtY J. SMITH, COLIM RECORDER FEES: 0.00 OC: IA EASEMENT FOR CITY HIGHWAY Assessor's Parcel No. 262- 073 -24 Project No.: 6442 -G &I W.O. No.: 98 -039 MUP/DR/CDP M & M DEVELOPMENT LLC A CALIFORNIA LININTED LIABILITY COMPANY hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for a public highway upon, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right -of -way where required for the construction and maintenance of said CITY highway. Reserving unto the 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, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by the City Engineer. . 1926 The Grantor hereby further grw.,ts to the Grantee all trees, growths, (gru „ping 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 a manner and at 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/herself, 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 ( � _ day of a G� , 2003 OWN s gnature: OWNER's Signature: G-&F,e iPOY O, Print Owner's Name: Print Owner's Name: L L tL Signature of Owners to be notarized . Attach the appropriate acknowledgments . This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated By: bw F, K ✓�, - j Peter Cota- Robles Director of Engineering Services City of Encinitas 98 -039 EMS 6442 I&G 2 Ig92i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. Countyof So ys Dxe o On ojd,L- V., 24)05_beloreme, Q noI M tieAl t (Vo�►..7 Q..�al•c D„• Ta d ua.'+w oo.. xadr wek� personally appeared 6- COF ;f47 O•vrT _ n.•xfe W sq,.tn ROBERT M. NERL Cornmisslon 0 1296651 t Notary f Vblk - CO forma 5 Son Diego Gauntry W Comm EigiFes MQ2C1,aL5 L) personally (mown to me Dc proved to me on the basis of satisfactory evidence to be the person(W Whose name(A) q.5w'e subscribed to the with n Instrument and acknowledged to melhat h I)b/t* executed the same in hi h #(/tlVir authorized capacity(ia6), and that by ( htjr /th)9r signature(k on the instrument the personoo, or the entity upon behalf of which the personv acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Tbfto ep mbmauon Deb. a na m9wrod by le., a msy pow va/wbb m persav re" a me doawrl" unit cnrddpro•sa eaurA/enf renUVJt end reede[lxne/d or rfbs tam b I OXhff do -014. Description of Attached [CDocument 1 Title or Type of Document: Cti J`%t%A 'lf C-A-4 latyiW:.�I _- Document Date: _�12 %1 1 0-if Number of Pages: _ -- Signer(s) Other Than Named Above: — Capacity(ies) Claimed by Signer Signer's Name: O Individual ❑ Corporate Officer — TBte(s): - -- 0 Partner — O Limited O General O Anomey -In -Fact ❑ Trustee ❑ Guardian or Conservator O Oder; Signer Is Representing: _ elrw r.msxeen4m+.e+•.350N+ A_, PC ee. ibl •b.i�Ot•urllr}I.@•w�M<Y•.YnIDp -.o.. ., ... 16926 EXHIBIT "A" PROPOSED ROAD DEDICATION PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, BEING WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, SOUTH 01 000'40" WEST, 20.85 FEET TO THE BEGINNING OF A NON - TANGENT 735.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 10 032'48" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 01542 ", AN ARC DISTANCE OF 144.47 FEET; THENCE NORTH 89°17'06" WEST TANGENT TO SAID CURVE 1169.00 FEET TO THE WEST LINE OF SAID SECTION 25; THENCE NORTHERLY ALONG SAID WEST LINE NORTH 00°09'13" EAST 35.00 FEET (RECORD NORTH 00 00844 "EAST PER RECORD OF SURVEY MAP 14943 RECORDED AUGUST 3,1995 AS FILE NUMBER 1995- 0336085) TOTHE NORTHEAST CORNER OFSAID SECTION 25; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 25 SOUTH 89 017'06" EAST, 1312.99 FEET TO THE POINT OF BEGINNI NG. EXCEPTING THAT PORTION OF ROAD SURVEY 426, AS DESCRIBED IN DEED RECORDED OCTOBER 26, 1927, IN BOOK 1385, PAGE 375 OF DEEDS. SAID DEDICATION CONTAINS 0.41 ACRES MORE OR LESS. n Z/ CCExp. and A. Matois DATE LS 5941 sp sp OF CAL K:U-and Projects 31505- 0704.6WJ c.galslManct crier dediation.wpd 1692 PROPOSED ROAD DEDICATION EXHIBIT "B " N00'09'13'E PER R.O.S. NO. 14943) 35.00' WEST LINE OF NW 1/4 � 1 � NW 1/4 SEC 25 m �u �i9 m� W 200' 100' 0 200 400 600 SCALE: 1" = 200' EXISTING 20' PUBLIC ROAD — r, EASEMENT TO THE COUNTY tAND OF SAN DIEGO, RECORDED 9G 10 -26 -1927, IN BOOK 1385, F< PAGE 375 OF DEEDS. Armand A. Mm No, LS. 5941 OF r bNA, Inc. land Planning, civil engineering, surveyln 5115 Avenida Encinas Suite L Carisbad, California 92008 -4387 (760) 931 -8700 w3 tom- cc N N k Q LO r X11'15'42" N � T n ,a 3 �zo z N LU T � atio z aQa W N r T z z 0 w z r X11'15'42" N R= 735.00 w L= 144.47' S10'32_48 "E 35' NI N I I N LLJ I ci I N I � o) n3 I q cq ' N� I �0- I�� z ww N tP-- ^r' z ri r V I aa,w N 1 N z Q L US 1= U wow Z V> U) In in I0 a I 1 ` S325 1 1 1 •' , • 16930 Recording Requested By: City Engineer When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 1 I DOC # 2004 - 0086721 FED 03, 2004 3:36 PM UTICIAL REMUS SAN DIEGO CEO KIDDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 OC: MA FOR THE BENEFIT OF THE CITY ) I IIIII011 0 0 11 1 11l1iffi l9111119111IPIIN N 111 )SPACE 2004 -OW721 )NLY Assessor's Parcel No. 262 - 073 -24 EASEMENT FOR PUBLIC ACCESS PURPOSES Project No.: 98 -039 MUP/DR/CDP W.O. No.: 64424 M & M DEVELOPMENT LLC A CALIFORNIA LIMITED LIABII,ITY COMPANY hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for a public access easement and emergency access easement, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EJOIIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The improvements within said right of way as shown on City of Encinitas engineering drawings number 6442 -G and 6442 -I are to be maintained by the Grantor and/or it's successors. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantors remaining property contiguous to the right -of -way hereby conveyed by reason of the location, construction, landscaping or maintenance of said right of way. 98 -039 ECDS 6442 GSI ACCESS EASEMENT 1 16931 Dated this _(JC day of vex! , 2003 A40A I)edelapet..,avf, Lac � � r Signature of Owners to be notarized . Attach the appropriate acknowledgments . This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated: D By: Peter Cota - Robles, P.E. Director of Engineering Services City of Encinitas 98 -039 ECDS 6442 G &I ACCESS EASEMENT 2 16932 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California as. County of So Q n o�O on Ot loser It.r Aoo3 Ineforeme, Q bvi h N•:SI Nt �..y P�Ijiu M ww rrrraorr. 'Jw•Yw.MN /�.�.i personally appeared _ ire OT ;r• ��vts wow r a..nn ROBERT M. NEIU. Commistlan a 1296654 S Notory Public - California 4 Son Diego Courtly C) personally known to me Nproved to me on the basis of satisfactory evidence to be the person(N whose name(A &are subscribed to the within instrument and acknowledged to me tha Pp * executed the same in r /ttleir authorized capaciry(iIIIIi), and that by ri vrNMir signalureM on the instrument the person, or the entity upon behalf of which the personN acted, exerted the instrument. WITNESS my hand and official seal . Nil x <rw... a wu.r ruk OPTIONAL n Lgh dr° kjro a w bebn a M mq and by Nr d My Prove VdNabte r0 P x rayvq On "donon•M urd OMW "vil"t rrw�diMrl rweov 11 end wzadwmm or Mb M/m b blOr116r <tOO wf Description of Attached Document Title or Type of Document: q.- Wps•hl t rot P °yltc kc(<Ss Per rlr,-- Document Date: ,p 11 (1 o-) _ Number of Pages Signers) other Than Named Above. — Capaclty(ies) Claimed by Signer S;gner's Name:._ — D Individual mom m�'i0 �p1° ❑ Corporate Officer — Titie(s): - O Partner — O Limited O General ❑ Attomey- in•Fact U Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: 0 ,a1.Nr wwn 4ms—•[ Y9 .1O ft. N •CMh GIMJ 2. W, nwis.t ,o .T I 16933 EXHIBIT "A" PROPOSED PEDESTRIAN ACCESS EASEMENT PARCEL A PORTION OFTHE NORTH HALFOFTHE NORTHWEST QUARTER OFTHENORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SBM. AS SHOWN ON RECORD OF SURVEY MAP NO. 14943, RECORDED AUGUST3,1995, BEING WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OFTHE NORTHWEST QUARTER OFSAID SECTION 25,THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, SOUTH 01°00'40" WEST, A DISTANCE OF 20.85 FEET TO AN INTERSECTION WITH A LINE LYING 35 FEET SOUTHERLY, MEASURED RADIALLY AND PARALLEL WITH THE CENTERLINE OF MANCHESTER AVENUE AS SHOWN ON COUNTY OF SAN DIEGO ROAD SURVEY NUMBER 426, ALSO BEING THE BEGINNING OF A NON - TANGENT 735.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 10 032'48" EAST; THENCE WESTERLY ALONG SAID LINE LYING 35 FEET SOUTHERLY AND SAID 735.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 0051'17', AN ARC DISTANCE OF 10.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36 °13'10" WEST, A DISTANCE OF 34.67 FEET; THENCE SOUTH 83 °53'48" WEST, A DISTANCE OF 24.00 FEET; THENCE NORTH 50°35'30" WEST, A DISTANCE OF 3454 FEET TO AN INTERSECTION WITH A LINE LYING 35 FEET SOUTHERLY, MEASURED RADIALLY AND PARALLEL WITH THE CENTERLINE OF MANCHESTER AVENUE AS SHOWN ON COUNTY OF SAN DIEGO ROAD SURVEY NUMBER 426, ALSO BEING A POINTON A NON- TANGENT735 FOOT RADIUS CURVE CONCAVE TO THE NORTH AND HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 04 °06'42" EAST THENCE EASTERLY ALONG SAID LINE LYING 35 FEET SOUTHERLY AND SAID 735.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 05°34'49'; AN ARC DISTANCE OF 71.58 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.03 ACRES MORE OR LESS. LANs Am.unn .. P9" No. LS 5241 /GSilCt mand A. Maroi LS 5941 enc- pedesi ianA W.O. 505-0704 -400 16934 EXHIBIT "A" PROPOSED PEDESTRIAN ACCESS EASEMENT PARCEL B PORTION OFTHE NORTH HALF OFTHE NORTHWESTQUARTER OFTHE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SBM. AS SHOWN ON RECORD OF SURVEY MAP NO. 14943, RECORDED AUGUST 3,1995, BEING WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OFTHE NORTHWEST QUARTER OFSAID SECTION 25,THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, SOUTHOI*W40" WEST, A DISTANCE OF 20.85 FEETTO AN INTERSECTION W ITH A LINE LYING 35 FEET SOUTI IERLY MEASURED RADIALLY OR AT RIGHT ANGLES AND PARALLEL WITH THE CENTERLINE OF MANCHESTER AVENUE AS SHOWN ON COUNTY OF SAN DIEGO ROAD SURVEY NUMBER 426, ALSO BEING THE BEGINNING OFA NON- TANGENT735.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 10 °32'48" EAST; THENCE WESTERLY ALONG SAID LINE LYING 35 FEET SOUTHERLY AND SAID 735.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE A CENTRAL ANGLE OF 11 °15'42 ", AN ARC DISTANCE OF 144.47 FEET; THENCE ALONG SAID LINE LYING 35 FEET SOUTHERLY, NORTH 89 9171060 WEST TANGENT TO SAID CURVE, A DISTANCE OF 387.65 FEETTO THETRUE POINT OF BEGINNING; THENCE SOUTH 45°26'19" WEST, A DISTANCE OF 35.16 FEET; THENCE SOUTH 79°41'44" WEST, A DISTANCE OF 56.58 FEET; THENCE NORTH 26 "59'28" WEST, A DISTANCE OF 40.44 FEET TO AN INTERSECTION WITH SAID LINE LYING 35 FEET SOUTHERLY MEASURED RADIALLY OR AT RIGHT ANGLES AND PARALLEL WITH THE CENTERLINE OF MANCHESTER AVENUE AS SHOWN ON COUNTY OF SAN DIEGO ROAD SURVEY NUMBER 426; THENCE EASTERLY ALONG SAID LINE LYING 35 FEET SOUTHERLY, SOUTH 89 °17'06" EAST, A DISTANCE OF 99.08 FEETTO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.05 ACRES MORE OR LESS. AAA D N Armand Ma;,c '? cLr , aysia No. LS. 5941 and A. MaTOi. * Exp. LS 5941 qlF OF C A�S�� enc- pedmtrixnB W.O. 505-m-600 16g3z; PROPOSED PEDESTRIAN ACCESS EASEMENT EXHIBIT B 100' 50' 0 100' 200' SCALE: 1. - 100' IPL�1.Tsb�.f[sLQYSb11L\ 17iiYa�]iL' 9 ®S36'13'10'W 35' 34.67' m S83'53'48'W 24.00' mN50'35'30V Y 34.54' t ®0= 05'34'49' IAA L =71.58' ui ®S45'26.19-W A11 35.16' b 118A � ®S79 '41'44'W T' N0. 18 6941 * =P.12/31/04 56.58' ®N26'59'28 -W 3 z \n 'r 40.44' -E w T z z pp ®S89'17'O6 99.08' }' a o: z N O S ai r�ro m I a to IN v / C �js NTr n ? Z�r AND A. MAROK LS. 5941 w m Nzw o Z3m .� 16 J* ® z ��w a, ED Oar p Z wui lAC/UI91E Dif (a D U I �- Z W T ` [L z sw TOTAL o A- 11'15'42' t <ug ya w R= 735.00 z L= 144.47' rlo viCnIw m" NOT m WAN p= 00'51'17" I ` l bhA,Inc. L =10.97' � land planning, clvH engineering, surveying 5115 Avenida Encinas S10'32'48'E(Rj — SuHs L S61'00'40 -W Carlsbad, Califomla 92008 -4387 20.85' (760) 931 -8700 IPL�1.Tsb�.f[sLQYSb11L\ 17iiYa�]iL' VV lN1 Recording Requested By: City Engineer When Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC # 2004 - 0101826 FEB 09 � 2004 4 = Oe PM WICIAL RECORDS ; SAN DIEGO COIINiY RECORDER'S OFFICE �� QdGORY J. MITH, COJNTY fEClfi'DER FEES: 0.00 ) --) SP I11111�II�IINI @i�NINNIIININIIII�IINIIININ iE 2001 -01018:9 COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR DRAINAGE Assessor's Parcel No.262- 073 -24 Project No.: 6442 -G 198 -039 A. M & M DEVELOPMENT LLC A CALOFORNIA LIMITED LIABILITY COMPANY ( "OWNER" hereinafter) is the owner of real property which is commonly shown on drawing number ( "PROPERTY" hereinafter) and which is described as follows See Attachment A which is attached hereto and made a part hereof. B. In consideration of 6442 -G 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. 1� 15175 D. OWNER agrees that OWNER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. ACCEPTED AND AGREED: OWNER Dated ,r!f�jlf a2� r.,aF �C �tY�P►S� ' �I P.ty v Dated iv1 ct irl cul- t'I1 tt G f�l� 01 Dated 0 U� Dated (Notarization of OWNER signature is attached.) CI OF ENCCINITAS Dated 0,4 by (/ /L, (Notarization not required) Peter Cota - Robles Director of Engineering Services 15176 aAUFenMIIA ALL-PURPOSE ACKNOWLEDGMENT Stale of California ss. County of Sr n V'00 —) On_�ciirvay $r Z�ti before me. 0 !�- We:l�t t1c }qty Q�(i)Tt ay tt• 1�n M....e terrors s�.•,w. m..r�tvu�� personally appeared _� OTD• , `�vtS - iWM•1 rcowry [ I personalty known to me (i proved to me on the oasis of satisfactory evidence ROBERT M. NEILL _ Commission N 1296454 aa ,. Notary Public - Colflcxnks s Son Diego County hA' Canino. E�teS MO' 20. ilIIS to be the personN whose nam@N (j)&e subscribed to the within instrument and acknowledged to me thal®s*Ahiy executed the same in �grhhbir authorized capacity(, and that by (9,11tirA)0if sgnatureN) on the insWmen t the person(). Of the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand and offird/al seal -- t'4,. ^I r V 5p .a.nw n`t OPTIONAL ThWo me information blow a not regLdmd by Ia.,, a may pove va43at11 * person+ re"ll? on ft doo fell t and 0" Pnwm f ,,t4 if removal and re Wcftwm 01 a.k ronn to anatime dxwnwf. Description of Attached Document 1 . Title or Type of Document: ��4v.�` R4'J'.rJ l +� Rt.� itvP.r +�J • J Uo cx ? Documenl Date: D y Number of Pages: Signer(s) Other Than Named Above: -- . -� - Capecity(les) Claimed by Signer Signer's Name: _ - -- D Individual raoal.tre w. D Corporate Officer — Toilets): O Partner — D Limited O General D Attorney -in -fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:_ O nw yrW now bem..n • IYa d smaw -r'0. Bo. t.m Owr.wRG111utW ...�.Iw.1.*wrci0 hm rn won wne.rw w..w..�w+nern 1577 ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR DRAINAGE PROJECT NO. 6442 -G PROPERTY DESCRIPTION The North Half of the Northwest Quarter of the Northwest Quarter of Section 25, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof. 15178 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR DRAINAGE PROJECT NO. 6442 -G OWNER'S DUTIES AND OBLIGATIONS 1. For claims that are alleged to have arisen, directly or indirectly, from drainage or runoff associated with the PROPERTY or the plans, design, construction or maintenance of OWNER' s improvements, OWNER unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. This waiver does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. 2. It is further understood and agreed that all of OWNER'S rights under §1542 of the Civil Code of, the State of California and any similar law of any state or territory of the United States are hereby expressly waived. 9 1542 reads as follows: 1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 3. OWNER agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of OWNER or OWNER's agents, employees, subcontractors, officials, officers or representatives. Upon demand, OWNER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. OWNER' s obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the improvements; but does not extend to liabilities, claims, X5179 demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the OWNER's proposed plans, specifications or design so long as such change is objected to, in writing, by OWNER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. OWNER's obligation herein includes, but is not limited to privately maintaining all storm drain facilities on private land as shown on said drawing 6642 -G that receive public storm drain runoff water from public storm drain facilities and public streets. OWNER agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defence thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of OWNER or OWNER's agents, employees, subcontractors, officials, officers or representatives in regards to receiving said public storm drain runoff onto private land. OWNER's obligation herein includes, but is not limited to, alleged defects in the construction of the improvements; alleged defects in the materials furnished in the construction of the improvements; alleged injury to persons or property; and any alleged inverse condemnation of property as a consequence of the design, construction, or maintenance of the improvements. By approving the improvement plans, specifications and design or by inspecting or approving the improvements, CITY shall not have walved the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of OWNER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as provided above. OWNER's obligation herein does not extend to liabilities, claims, demands causes of action, losses, damages or costs that arise out of the CITY s intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 15180 4. OWNER hereby agrees not to develop in any manner the PROPERTY except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms, removal of vegetation and the erection of structures of any type, except as permitted or authorization by CITY. 5. This Covenant does not Preclude OWNER taking emergency, protective measures as approved by CITY. 22040 Recording, Requested By, anK When Recorded Return To: Eric; nitnS(D"tn�i A SC&o6 21 SS EI ,)c1111tAS v4 Enuntfca, cA 92,oz q ►3A_ DOC # 2004 - 0624934 JUL 02, 2004 2:49 PM OFFICIAL RECORDS SAM DIEGO COIHIY WCORDER'S OFFICE GREM J. SMITH, CEM RECORDER FEES: 20.00 OC: OC f�P I�IIININIII' IIINfIIINIINII�I ✓NI�NIU�aIII�NINlllfl MEMORANDUM OF LEASE This Memorandum of Lease ( "Memorandum ") dated as of cPtf1! vk 2004, is entered into between M & M DEVELOPMENT, LLC, a California limited hab� company ( "Landlord ") and ENCINITAS COUNTRY DAY SCHOOL, INC., a California corporation ( "Tenant "). Recitals A. On or about Landlord and Tenant entered into a certain Lease ( "Lease "), pursuant to which Landlord leased to Tenant and Tenant leased from Landlord real property known as 3616 Manchester Avenue, in the City of Encinitas, County of San Diego, State of California, Assessor's Parcel No. 262- 073 -24 as more particularly described on the attached and incorporated Exhibit "A" ( "Premises"). B. Landlord and Tenant desire to execute this Memorandum to provide constructive notice of Tenant's rights under the Lease to all third parties. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: Section I. Teri. Landlord leases the Premises to Tenant for a term of ninety-nine (99) years commencing on September 1, 2005. Section 2. Lease Terms. This lease of the Premises to Tenant is pursuant to the Lease, which is incorporated in this Memorandum by reference. 2204] Section 3. Successors and Assigns. This Memorandum and the Lease shall bind and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject, however, to the provisions of the Lease on assignment Section 6. Governing Law. This Memorandum and the Lease are governed by California law. Executed as of the date first above written. TENANT: Encinitas Country Day School, Inc., a California corporation By: 4 Kathleen M. Porterft d, CEO 2155 Encinitas Boulevard Encinitas, CA 92024 LKIZI- 71[I7,"I M &M Development, LLC a California limited liability company By: Geoffrey . a s Managing Member 233 Wilshire Boulevard, Suite 250 Santa Monica, CA 90401 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of 5A IJ Dl e!r On 4P e> 10 4 before me. Ds personally appeared IC0a-4,1Ccy\ N. Poi All I ss 22042 Null, aviary en T1Y d oarr pµ. •.,... om W" w+n ❑ personally known to me N<prOved to me on the basis of satisfactory evdence to be the persor (as whose name re subscribed to the within instrument and acknowledged to me that wo"(®e executed the se a in fiislheRl� authorized capac es and that by -lrw er ei signatur s on the instrument the persor s o the entity upon behalf 01 which the pereo s) acted, executed the ktstrumam. WITNESS my hand and offidal soal- OPTIONAL Ihaph Ua idocm bon below is not repueed by law. a may pane veNnble to pers m4*19 on Cn docwrwr end OwNpe wd Aeddulenr nlm ) eM mawkwism or &n Arm to a-o# r d=wnmL Description of Attached Document Tide or Type of Document: M/em y om du!m Lease; Document Date: �O I sib ! 2 Number of Pages. Signer(s) Other Than Named Above: N Capacity(les) Clalmed by Signer Signer's Name: ❑ Individual Top dw nee ❑ Corporate Offtoer - Tido(s): O Partner - 0 Limited ❑ General ❑ Abomeyan -Fad ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: 0 iwa rsd.W rvarn..avbn•neo D. sderw- .vo.ewaw•a+s.mc Uel]I)1.Ot•....nwdwnoy.wp vwaw.s ans- TO.Mw'+ naszr a-a- JUN -2B -04 MON 11!27 AM Order No: 8356543 -A U16 I . 22043 SCHEDULE A Your W. irXA t 61-rdc P. 02103 .1. !be estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or- interest at the date hereof is vested in: M ti M DEVEWPPENT, TLC. A CALIFORNIA LIMITED LIABILITY COMPANY 3. The land referred to in tbis repotl is situated in the Statc of California County of SAN DIEOO and is described as follows: THE NORTH HALF OF THE NORTHWEST QUARTER OP THE NORTMST QUARTER OF SECTION -2.5 TOWNSHIP.13 SOUTH, RANGE 4 HEST, SAN BERIUMINO MnIDLAN, IN THE COUNTY OF SAN DIEGO, STATR OF CALIFORNIA, ACCORDING TO THE OPSICIAL PLAT THMOP. JUN -28 -04 MON 11:27 An N -1 r� z ' N j � r �( A • I ie - SYT 11 1 � Y 1 �� •�9r 2 2 0 4 4 P. 03/03 LLA P' a yiry papw P it dif[m N NI I_C !l � 1 N IvryY, pTn fl y V:J 4 r ♦r V {,} wee 1 It RECORDED AT TINE REOUFST OF CHicAOO TrftP COMPANY Ordhr N;�a 'SUBDIVISION DEPT. Escrow No. Loan No. 386.629-6002 } WHEN RECORDED MAIL TO: IIj Olga Cherkasov -p EDF RESOURCE CAPITAL, INC. �tI 1050 Iron Point Road alo Folsom, CA 95630 2926 n X300222$2 -UY0 133 D 0 C # 2011- 0424502 IIIIIIH III Hlil IIUi HIII lilll IiHI Illll Illli II III IIIII illll IIII IHI AUG 18, 2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE Elnett J. DlBnenbulg. Jr., COUNTY RECORDER FEES: 45.00 WAYS: 2 DA: 1 PAGES: S 111111111111(1 IIIII Illll IIII IIII Illl IIII Ifll Illl III Illl IIIII III III IUI DEED OF TRUST WITH ASSIGNMENT OF RENTS (This Deed of Trust contains an acceleration clause) This DEED OF TRUST, made August 4, 2011, between M & M Development, LLC, a California Limited Liability Company, herein called TRUSTOR, whose address is 3616 Manchester Ave, Enclnitas, CA 92024, FIRST AMERICAN TITLE INSURANCE COMPANY, a CalHomla corporation, herein called TRUSTEE, and EDF RESOURCE CAPITAL, INC., herein called BENEFICIARY, WITNESSETH: That Trustor does hereby give, grant, bargain, sell, warrant, convey, mortgage, transfer, grant a security interest in, set over, deliver, confirm and convey unto Trustee, in Trust, with Power of Sale and right of entry upon the terms and conditions of this Deed of Trust that property in the County of San Diego, State of CalNornla, as described in Exhibit A incorporated herein by reference, together with all buildings, structures, facilities and other improvements now or hereafter located on the property, and all building material, building equipment, supplies and fixtures of every kind and nature now or hereafter located on the property or attached to, contained in or used in connection with any such buildings, structures, facilities or other improvements, and all appurtenances and additions thereto and betterments, renewals, substitutions and replacements thereof, and the rents, issues and profits of all of the foregoing, owned by Trustor or in which Trustor has or shall acquire an interest, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) payment of the sum of $1,966,000.00 with Interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, (2) the performance of each agreement of Trustor incorporated by reference or contained herein and (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. If the Trustor shall sell, convey or alienate said property, or any part thereof, or any interest therein, or shall be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, without the written consent of the Beneficiary being first had and obtained, Beneficiary shall have the right, at its option, except as prohibited by law, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note evidencing the same, immediately due and payable. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A. and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PACE AIb1M6r 1288 558 Kkp 658 713 Pka Ion 379 Sia" 36 187 Ay,kr 3 13031 1M4 437 170 Pkiru4 186 1307 Sbkq. 506 162 Amado 133 438 Lenin 161 367 RiW.r 3776 W Sela59 1267 621 &rtu 1330 513 Lw NpNn 1J 78 074 sSACAnrnn 5039 124 Sa 2067 427 Ca ffia 185 330 MY 911 136 Sun Br do 300 405 StriiW 1970 58 C,km 323 391 AWrn 1619 122 San BNnatOVq 6213 766 B1 855 585 Cows Cwu 4664 1 M—,l u 90 453 6n FrIlm, P Ad04 598 TM 457 183 Oat N" 101 so IAmBo 667 99 $an bpmn 2655 263 Tmq 106 695 El Oora99 701 633 VAvd Im 753 San loo Obaix, 1311 137 T, 2530 106 rMim 5052 623 164 w 191 93 San W W 41]6 ITS Tu* n m ISo Glom 46D 76 klarn 69 302 Gana Boman 2065 001 vn 2807 237 NunbdT 801 83 14.1 aT 357 239 Santa Clary 6626 684 Yd 169 16 N,p,.bi 1189 701 Napa 701 742 Sarre Cn 1638 607 Yiba 396 693 Yyp 165 612 Nrw84 363 94 Stan 800 633 Kim 3756 690 Orww 7182 16 Srn 0ir90 SERIES 5 Book 1954. Pr 149T74 10737 2927 DEED OF TRUST WITH ASSIGNMENT OF RENTS (Continued) PAGE 2 Shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said Subdivision A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. The Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulations: a) When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be construed in accordance with federal law. b) CDC or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any federal immunity from local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan. Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this instrument. TRUSTOR: M & M Development, LLL%C /// GeoffireV0. Mgiils, Manager Statedt CAC IFaA^ 1A Coumyot Sir yE On A ✓b Ili 20// before me, cvv y 5F6-A4— Notary Public, personalty appeared O - VI who proved to meon the baslsof sallsf actory evidence tobe the person () Whose name(e6 )we-subsurbedtothe within Instrument and arknowledged to me fhaeWeffuey exearted the same irephoneieir authorized rapactty(iaef, and that t f� Atieir sgnatufe(a) on the instrument the per5on(a7, or the entity upon behalf of which the personW aped, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cardomia that the foregoing paragraph is true and coned. WITNESS my hand and official seal. Signature "n 10737 RON J. SEGAL CamNUbn � I921i501 Notary Public - California San Diego County Comm. EAPIrls Feb 21, 2015' (seal) 292 8 Deed of Trust with Assignment of Rents PAGE 3 (Continued) EXHIBIT A THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN: 262- 073 -24 2929 DO NOT RECORD The folbwirp is a coq of Subdiviabns A and B at the ficftias Dead of Trust recorded in each county in California as slated in to foregoing Deed of Trust and Incorporated by reference in sold Deed of Trusl as being a pan them of as a set foral at WV M teem. A. To protect era security of this Deed of Trust Truster agrees: (t) To keep geld property In good condition and repair, nel W rengve a demdim any building thereon; to complete o realore promptly and in good and workmanlike manner any Wilding which may be constructed, damaged or destroyed thereon and W pay when due As doims M labor performed and materials furnished therefore: W Wrnpy W IP as laws affecting acid property or nequinag any aftecaoons or Improvements to be made thereon; not to commit or pemlt waste thereof,, not to co mmll, sutler or permit any act upon mid property In violation of law; to cultivate, irrigate, feriae, fumigate, prune end do all other Acts which from the dwrecter a use of said property may be Masonabry necessary. the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary foe insurance Satisfactory to and with loss payable W Beneficiary. The amount coneaed under any are or otter matim nob poesy may be applied by Benerficiary upon indebbodimm Secured hereby, and in SIXh ordef as Beneficiary may detemune, or At option Of Beneficiary the entire amount so collected a any pan thereof may be released W Trustor. Such appncaeon or release Shall not cure or waive any default or notice of default hereunder or invalidate any ad done pursuant t0 such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof a the rights or powers of Beneficiary w Truslaa; and W pay all costs and exposes, including =1 of evidence of tithe and aftwneys fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any hurt brought by Beneficiary to foreclose this Deed. (l) To pay. at least Mn days before delirpuenq all Was and assessments anecjrp seld property, txluding asses rmenn on appurtenant water stxA, when due, all encumbrances, Charges end liars, with inleresl on Said property or any pan thereof, which appear W be prim W or Superior heal all mss, fees and expenses Of this TrW Should Tru Ito, fail W make any payment or W 60 any as as herein provided, then Beneficiary or Trushre, but wthet obligation W W W end withWl notice W or demand upon Trustor and without releasing Truster from any Obligation hereof, may make a do the same in such manner and W Such extent as either may deem necessary W proted the security hereof. Beneficiary or Trustee being authorized W enter upon mid property for such gttposes; appear in and defend any action a proceeding purporting to affect phis mcunty hereof or the rights or pavers of Beneficiary or Trustee; pay, purchase, contest a compromise any inambral charge a lien which in the judgment on either appears W be prior or Superior hereto. and. in exercising any Such powers, pay necessary expenses, employ counsel and pay his reasomble fees. (5) To pay Immediately and with= demand all sums so expended by Beneficiary a Trustee, with interest from date of expenditure at the amount allowed by Law in effect at the date hefaa, and to pay for any statement provided for by law In effect at the date hereof regarcil the obligation seared hereby any amount demmhpad by Me Beneficiary not to exceed the maximum allowed by law, at tlro tme when said statement Is demanded. B. 11 Is mutually agreed' (1) That any award of damages in mrtnecton with arty mndernnation for public use of or Injury to and property or any part thereof is hereby assigned and shag be pad W Benefhdary who may apply a release such moneya received by him In the Same manner and with the mane effect as above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due dote, Beneficiary does not wawa his right either W require prompt payment when due of all other sums w secured or W declare defaut W failure So to pay. (3) That at ary tent or from time W done, without IlaWty therefore, and without notice, upon written request of Berefdary and presentation of this Deed and mid rote for endorsement, and MOW affecting the pormnal liadliy, of any person for payment of the Indebtedness seared hereby, Trustee may: remnvey and peel of said property, commnt W the makfrhp of Any map or plat thereon pin W granting any easement thereon, or Join In any extension agreement a any agreement subadlnatrg the lien or charge henaof. (a) That upon written request of Beneficiary staling that as wms secured herety have been paid, and upon surrender of this Deets and m10 note to Trustee for cancellation and retention a other disposition as Trustee in its We discretion may choose and upon payment of its fees, Trustee shalt reconva, without warranty. the property loan held hereunder. The recitals in such reccinveyancer of any matters or fats than be conclusive proof of the truthfulness tereof. The Grantee in such remnveyance may be described as the person a persons egaily entitled the irl (5) That es additional security, Tnrswr hereby gives to and content upon Beneficiary to right power and authority, during the CDntiruxanpa of hem Trusts, to mica she rents, issues and profs of mid property, reserving unto Trustor the right, pnor to any default by Trustor in payment of any Indebtedness seared hereby a in performance of any agreement hereunder, W collect and retain Such rents, issues and prafils as tf y eecdre due and peyaele. Upon any such default- Benefidary may at arty, IIne without notice, either in person. by agent or by a receiver W be appointed try a court, and without regard W be adequacy of eery saamty, fa the 'Ahdeaedmyss hereby secured, enter upon and take possession cited property or arty pan thereon in his cwrn name sue lot or otherwise cake aucn ems, issues, and profits, indudirg Mom past due and untied. and Apply Me Same, lass mss and expenses of Operation and cdlection, including reasonable atlomeys fees. upon any indebtedness secured hereby. and in suds older as Beneficiary may determine. The entering upon and taking possession of mid property, rue collection of Such refits, Issues and profs and the application thereof as aforesaid, seas not sue or waive Any default or spike of default hereumUer or invalidate any act doe punumm W Such noose. (6) That upon default by Trustor in payment of any indebtedness seared hereby or Ir performance of any agreement hereunder. Beneficiary may declare es sums Seared hereby immediately due end payable by delivery W Tncfee of written declaration of default end demand for role and of written notice of default and of election W cause W be sod mid property, which notice Trustee than Buse to be filed for record. Beneficiary also shall deposit with T nrsbae the Deed, mid note and all doamens evidencing expenditures seared hereby. After the Wpm of such tone as may then be required by law following the r cordl of Said notice of default, and notice of role having been given as then Audited by taw, Trustee. W ftul demand per Truster. Anal sell Said property at to I m , and pace fixed by it In said notice of me, either as whole or separate panels. and In such Order as it may dslennine. at public auction W the highest bidder for cash In lawful matey of the United Sates, payable at tone of tale. Trustee may postpone sae of an or any portion of sate property by public ann uraement at such tore and place of sale, and from fete to tine thereafter may postpoe tuch role by public announcement at the tone fixed by the preceding posponerttem Trustee shall deliver, W Such purchaser its deed conveying the property w sdd. but withal any mvenafil a warranty, expnsa or Implied. The recitals In such deed of arty mitten or facts stall be conclusive proof of to truthfulness tend. Any person, intludmp Trustor, Trustee, a Beneficiary as hereinafter defined, may purchase at Such Sale. 10737 DO NOT RECORD 29310 A W deducting ell cosh, fees and expenses 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 at sums expended under the terms hereof, not then repaid, with accrued Interest at the amount allowed try law In effect at the date thereof, all other sums hen seared hereby, and the remainder. m arty. m the person or persons legally entitled thereto. (T) Benendary, or any successu In ownership of any Indebtedness secured hereby, may from time to itme, by Instrument in writing, sumoute a successor a successors to any Trustee named herein or aping hereunder, which Instrument, executed by the Beneficiary and duty epmoMapged end recorded in he office of he reorder Of he county or counties where said proberty Is situated, Mall be conchilive proof of proper substihAim of such successd Trustee or Trustees, who shall, without oonwryanco hVrn the Trustee predecessor, sucoced to all Its M. estate, nights, powers and duties. Said Instrument must contain he name of bal original Trusmr, Trustee and Benehdary, hereunder, he book and page where his Deed IIS receded and he name and address of he new, Trustee. (a) That his Deed applies b. Inures to the benefit of. and bonds au paryes hereto, their heirs, "atm. devisees, administrators, emcutbrs. auczssors and assigns. The term Beneficiary shalt mean The barer and holder, Including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In thIs Deed. whenam he context eo requires, the mascub a gender Includes he feminine andfor neuter, and the suguar number Includes he purl. (g) That Trustee accepts this Trust when this Deed, duty executed and acknowledged, is made a pudic record as provided by taw. Trustee Is not obligated to noDry any party hereto of pending sale under any other Deed of Trust of of any action or pmceoding In which Trusts, Beneficiary or Trustee shall be a party unless brought by Trustee T0: REQUEST FOR FULL RECONVEYANCE (To be IoM only when obligations have been paid m MI) Trustee The undersigned b the legal owner and holder of the rote or roles, and all other Indebtedness secured by the foregoing feed of Trust Said note a rotes, together with all other i debtednem seared by said Deed of Trust, haw been aAFy paid and moused; and you are hereby requested and directed, on payment to you Of arty, sums owing to you under the terms of said Deed of Trust, to cancel said note Of rota above mentioned, and oil other evidences of Indebtedness seared by said Deed of Trust detivened to you herewith, together with the mid Deed of Trust, and to reanvey, without waranry, to he parties designated by ha terns of said Deed of Trust all the estate now held try you under the same, I2SJ Please mall Deed of Trust. Note and Recenwyeree to 10737 0 • RNJ dMDF.V AT TitE REQUEST OF CHIC! an nT -.e COMPANY SUBINvISION DEPT. g300 5o Loan No. 386- 629 -5002 UPON RECORDATION RETURN TO: 1� Olga Cherkasov EDF RESOURCE CAPITAL, INC. 1050 Iron Point Road Folsom, CA 95630 2936 l3 G D 0 C # 2011- 0424505 IIIII I I I I fll IIII fill III ll I III I fill IIII I IIIII I I IIII AUG 18, 2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dtonenbuig, Jt., COUNTY RECORDER FEES: 36.00 PAGES: 8 III IIII 1il(I IIIII IIII IIIII IIIII IIIII Illl IIIII Ills IIIII IIII IIIII IIIII IIIII IIII flit �L• • " � del: •1. • : • ) !�M4J!:' NOTICE: THIS SUBORDINATION OF LEASEHOLD INTEREST CONTAINS A SUBORDINATION CLAUSE WHICH MAY RESULT IN YOUR LEASEHOLD INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INTEREST_ This Subordination of Leasehold Interest ( "Subordination Agreement "), is made and entered into this 4th day of August, 2011, by Encinitas Country Day School, Inc. ( "Tenant "). W I T N E S S E T H WHEREAS, TENANT is the occupant pursuant to the terms of that certain unrecorded lease (the "Lease ") , of that building and property known as 3616 Manchester Ave, Encinitas, CA 92024, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property "). WHEREAS, M 6 M Development, LLC ( "Owner(s) ") is /are the owner(s) of the Property and is /are the promissor(s) under that Note dated August 4, 2011, in favor of EDF RESOURCE CAPITAL, INC. ( "Lender ") in the principal sum of $1,966,000.00. - 1 - 2937 WHEREAS, a Mortgage in the form of a Deed of Trust, dated Auqust 4, 2011, has been given by Owner(s) to Lender (the "Mortgage ") for the purpose of securing the Note by Owner(s) to Lender, which Mortgage is secured, in part, by the Property and is recorded concurrently herewith. NOW, THEREFORE, TENANT intending to be legally bound hereby, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agrees as follows: 1. Subordination. The TENANT leasehold interest and the Lease shall be and are by the execution of this Subordination Agreement, subordinate and subject to the Mortgage of Lender now or hereafter recorded to secure repayment by Owner(s) of the Note and all sums due or that become due pursuant to the Mortgage and any agreement by and between Owner(s) and Lender. 2. Notices. Any and all notices, elections or demands permitted or required to be made under this Subordination Agreement shall be in writing, signed by the party giving such notice, election or demand and shall be delivered personally, or sent by registered or certified United States Mail, postage prepaid, to the other party at the address set forth below, or at such other address within the United States as may have theretofore been designated in writing. The date of personal delivery or the date of mailing, as the case may be, shall be the date of such notice, election or demand. For the purposes of this Subordination Agreement, the address of: Lender is: U.S. SMALL BUSINESS ADMINISTRATION c/o EDF RESOURCE CAPITAL, INC. 1050 Iron Point Road Folsom, CA 95630 - 2 - 2938 TENANT is: Encinitas Country Day School, Inc. 3616 Manchester Ave Encinitas, CA 92024 Owner(s) is /are: M b M Development, LLC 3616 Manchester Ave Encinitas, CA 92024 3. Binding Effect. This Subordination Agreement shall be binding upon TENANT and his /her /its heirs, successors and assigns and all of those holding title under any of them, and the pronouns herein shall include, where appropriate, either gender or both, singular or plural. 4. Inurement of Benefit. This Subordination Agreement shall inure to the benefit of Owner(s), Lender, and their heirs, successors and assigns and all of those holding title under any of them, and the pronouns herein shall include, where appropriate, either gender or both, singular or plural. 5. Non- Waiver. No indulgence, waiver, election or non - election by the Lender under the Mortgage or any other loan documents associated with the Mortgage shall affect this Subordination Agreement. 6. Modification of Agreement. This document contains the entire agreement of the subject matter herein and shall not be modified, changed, altered or amended in any way except through written amendments signed by TENANT, Owner(s), and Lender. 7. Governing Lax. It is agreed that the laws of the State of California shall govern the construction and interpretation of this Subordination Agreement and the rights and obligations set forth herein; provided, however, notwithstanding the foregoing to the contrary, in the event the - 3 - 2939 U.S. Small Business Administration (the "SBA ") shall succeed to the interest of Lender under this Subordination, this Subordination will be interpreted and enforced under federal law, including SBA regulations. SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or liability. As to this Subordination, Lessee may not claim or assert against SBA any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law. 8. Attorney's Fees. In the event of any legal or equitable action, including any appeals or bankruptcy proceedings, which may arise hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorney's fees and paralegals' fees. 9. Severance. The invalidity or unenforceability of any portion of this Subordination Agreement shall not affect the remaining provisions and portions hereof. Dated: Anguat 4, 2011 OWNFR(s): -, r° . . er - 4 - 2940 Encinitas Country Day School, Inc. By., L64- Kathleen PorterffYeld, President By: R, � " Richard T rge, SeClretary - 5 - CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 2941 CIVIL CODE ♦i 1reO State of California 1 County of '5A7 AI EEO 11 On t?—S —/� before me, rQdn/ SC�GAli ^'d 7 ^ey lv& le- personally appeared GEdGG�PEY m• M� ✓�S Nanete)of signals) AON J. SEGAL Commbelon • 1926501 No" Public - California San Diego County Comm. Expires Feb 21.20115t Plate wwq sad A who proved to me on the basis of satisfactory evidence to be the persona whose name(4(9)are subscribed to the within instrument and acknowledged to me that 1(ire /thw executed the same in Kerr authorized capacity(iae), and that by i /their signature(a'j on the instrument the personK, or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: r '� I siurnuue of Nofary P g OPTIONAL Though the fnlormation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above' Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): O Individual - e ❑ Partner — 0 Limited 0 General Tap of throb h. ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: .......�_.___� .�. -._... ........�..... u.�...�.ru.r.,..... 1 -x .M NOTARY Number of Pages: Signer's Name: O Corporate Officer — Title(s): • Individual • Padner — O Limited 0 General Tap or lhu b here • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -i � Item 1590] 2942 Stateof CAGIGOrPN /R County of SAN iE On t%— 5 -// before me, �/ 7 SEGRL , Notary Public, personally appeared R7N �� o rEL/ who proved to me on the basis of satisfactory evidence to be the person whose nameWdR? are subscribed to the within instrument and acknowledged to me that ae(gptttey executed the same in his f�their authorized capacity(iesj, and that by >s6A*eh signature(&) on the instrument the persorlW, or the entity upon behalf of which the person( acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of 4*1- /`oµ /A County of 41 RON J.SEGAL Commission • 1926501 Notary Public - California San Diego County M Comm. Es Iret Feb 21, 2015 r (seal) On 8 - !�- -// before me, ,PsiV -7 sEbifV Notary Public. personally appeared /6�0 1-1461CM&C who proved to me on the basis of satisfactory evidence to be the personal whose name(a) kPare subscribed to the within instrument and acknowledged to me thatj3F+Re/they executed the same iniflOA rltheir authorized capacity(iea), and that by 4PIRerlittim signature(&) on the instrument the persorl(e), or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is We and correct- WITNESS my hand and official seal. Signature - 6 - RON J. SEGAL ra Commission / 1926501 Notary Public - California San Diego County Caron. es Fa0 21 2015 + (seal) Subordination of Leasehold Interest PAGE 7 2943 (Continued) EXHIBIT A THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN: 262- 073 -24 AUG -06 -04 FR[ 11:54 All DOC # 2004- 0782336 lflllllll111111111111) IlIIIVIIIHill 1111)1111111111f41NI fIIIII Recording. requested by: AUG 17, 2004 3:49 PM San Dieguito Water District OFFICIAL RECORDS 23506 SAN DIEGO COUNTY RECORDERS OFFICE When recorded, mail to,- GREGORYJ. SMITH, COUNTY RECORDER FEES: 23.00 District SeCretary PAGES: 6 San Dieguito Water District .565 South Vulcan Avenue Eiclnitas, CA 92024 2004- 0762335 COVENANT REGARDING ENCAOACMaNT PE1QaT NO.031 Fsses9or's. Parcel No. 262 - 073 -03, 262 - 07325 An encroachment permit is hereby granted to the Permittee designated in paragraph one, Attachment "A ", as the owner of the Benefitted Property described in paragraph .two, Attachment "A ", to encroach upon District Easement. or Property described in paragraph three, Attachment "A ", as detailed in the diagram, Attachment "B ". Attachments "A" and "B" are .,hereby incorporated herein by phis reference as though fully set forth it length. In consida'ration of the issuance of this encroachment .permit, Fermittee hereby covenants and agrees, for the benefit of the District, as iol?ovs: •1'. This. covenant shall ri:n with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees, and assigns of the respective:' .parties. 2. Permittee shall use and occupy the District Easement or Property only in the manner and for the purposes described in paragraph four, Attachment "A ". 3. By' accepting the benefits herein, Permittee acknowledges that whatever rights and obligations are possessed by the San Dieguito Water District - ("District° herein) with respect to the District's Easement or Property shall .remain and continue.in full force and effect and shall in no way be 'affected by the District's grant of permission to encroach. 4. The term of this encroachment permit is indefinite and may be revoked by the District. or abandoned by Permittee at any time. The District shall mail written notice of revocation to Permittee, addressed to the Benefitted Property which shall set forth the date upon which the ` bepefiLs of encroachment permit are to cease. $..The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and responsibility of the Permi.t.tee and successors in interest without exception, including, but q:�x.alrseewWNt M prMl�ra 6L.aer AUG -06 -04 FRI 11:55 AM P. 04/06 — 23507 not. limited to, any damages to, or arising from, the encroachment .caused by the District's maintenance or construction requirements. 6. The Permittee shall at all times indemnify and save the District free and handless from and pay in full, any and all claims, demands, losses, damages or expenses that the District may sustain or incur in any manner resulting from the construction, maintenance, state of use, repair or presence of -the structure installed hereunder, Including any 1053, damage or expense. arising out of (1) loss of or damage to property,, and (2) injury to or death of persons: excepting any loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of the District, its ."contractors, officers, agents or employees. 7. District is entitled to remove all or a portion of the encroachment by Permittee in order to repair, replace or install public improvements. District shall have no obligation to pay for or restore Permittee's encroachments. 8. Whenever it is determined by the District that or Property can not be economically used or presence of the encroachment, the Permittee alternate right -of -tray and /or to relocate the Property. to a new alignment, all without c District. the District's Easement maintained due to the agrees to provide an District's Easement or ost or expense to the S.. Permittee agrees:. to indemnify and hold the District harmless from and against . all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out of or related to the use, construction, encroachment or maintenance to be done by the Permittee •.Or Permittee's agents, employees or contractors on District Easement -cr .,Property. 1G.k)pon abandonment or revocation, Permittee shall, at no cost to the District, return District Easement or Property to its pre - permit condition within the time specified in the notice of revocation or prior to the date of abandonment. 141.If Permittee fails to restore the District Easement or Property, the . District shall have the right to enter upon the District Property, after notice to the Permittee, delivered at the Benefitted Property, and restore the District Easement or property to Its pre - permit condition to include the removal and destruction of any improvements and Permittee agrees to reimburse the District for the costs incurred. 12. 7he Permittee shall maintain a policy of liability insurance in an amount satisfactoiy to the District in order to protect the District from any potential claims which may arise from the encroachment. p:taMYNnc <uClbOnt. Oevwdp nt OJl.dcc AUG -08 -04 FR1 11:55 AM P.05/08 23505 j3. if. either.party :is required to incur costs to enforce the provisions of this : covenant, the prevailing party shall be entitled to full reinbuisement for all costs, including reasonable attorney's fees. 14.Permittee agrees that Permittee's duties and obligations under this covenant are a lien upon the Benefitted Property. Upon 30 -day notice, and An opportunity to respond, the District may add to the tax bill of the Benefitted Property any past -due financial obligation owing to District by way of this covenant. Ls.Permittee waives the right to assert any claim or action against the District arising out of, or resulting from, improvements or any other action by the District, its officers, agents, or employees taken in a non= negligent manner, in accordance with the terms of this permit. 16.Pbrmittee recognizes and understands that this permit may create a possessory interest subject to property taxation and that the permittee Y'• rr,ay 'be subject to the .payment or property taxes levied on such li.l4s a condition precddent to Permittee's right to go upon the District Easement or Property, this permit must first be signed by the Permittee, notarized, executed by the District and recorded with the County.Recorder of the County of San Diego. The recording fee shall be paid by. Permittee. proved and issued the San Dieguito Water District in Encinitas, California, - this day of _.2004 » AGREED AND ACCEPTED: 0. MA41151 M&M Development, LLC - -- NOTARIZATION REQUIRED - -- ISSUED: . SAN OLEGUITO WATER DISTRICT oc . — p'-)�- By: jistrict Manager Arlaprdiweraoerne //1 Opwi�rc off .see lt1.-I Date ..t . A. .. b AUG -06 -04 FRI 11:56 AM On 1319L4 1 before me, : Par. R C) akr1 -Sd OATO .urUAtlt a orwuA: •Ahai Doc Ao1AAr hrauC'r personally appeared G-fa T1 c c.. O . wr-" k s O petsoAatly known to me -0111�q proved to me on the basis of satisfactory evidence to be the d,,p�r�son(s) whose name s) li;;l I subscribed tot e within Instrument and • acknowledged tome that .... re �EAn ft. �ollh+sOt+ helshehhe v uted the Carnrttmlon • 1295962 l dtb /h / h Sort O am �>y MM Otaran ti�as66�21.� Witness my hand and official seal. is EAU - I (I N TA same in er t eu authorized citY(ies). and that b�her /their signatures on the instrument the person(sl or -the entity upon behalf# of which the personlsl acted, executed the instrument. 'amass P. 06/08 23509 wd.rT TfAnAVMn mphw,ra a CMACM CtAMWD R SPOWM OCOrMO"TF OFFhCWASl OPARTN910f 1!UMM OGE EML DATTOPMY ar FACT OTMAT"M 1 CGUAMAWCOMSdNATOA ooTKF* NONM a RIPM(nraft Pn .fro M4 rF.kVpd' wan Trawmert (00ee..0 3 3 a WAMY C(AO.m ST 40tdD1 OCOA/oAATi _ ATTENTION NOTARY orshaA sr ttie ird6rmadon retuested Deb. and In Me column t0.the hGN is O➢TKMAL. emeordinp of this documeni is not reOUirad OT raw end n Nio optional• it'cixAd, however, prevem fraudWem attachment of this certit''"im to any pFAAfNE1tl5) D4tEO ' uhhautjWzad- ddcvmant. OorT+[Aht CIAT URN rAr FACT T?;d fEMhfkATa Thtwl.ye.hww+�1 �'i sA'Yl• ,� n�. .rte- OTIORTialD WANT GE ATTATJ/EO� - ' / S TO .149 (�ao..+o.v... �f -Q� OGURPO WCODSEAVATOa ooraR otumma tGHT; olscuehiD AT AhhittTt � $ farr rtvn aaa.. - w�iotwn+ SIGN s Aow"Mr!"01 Mw d Nr.ardd u r.nardul T 677 5-61324118 23510 ATTACHMENT "A" TO COVENANT REGARDING ENCROACHMENT PERMIT NO- 031 PARAGRAPH ONE: Permittee: M &M Development, LLC, a California Limited Liability Company 233 Wilshire Blvd, Suite 250 Santa Monica, CA 90401 APN: 262- 073 -24 PARAGRAPH TWO: Benefitted Property: The North half of the Northwest quarter of Section 25, Township 13 South, Range 4 West, San Bernardino Meridian in the County of San Diego, State of California, according to the Official Plat thereof. Owned: M &M Development, LLC, a California Limited Liability Company 233 Wilshire Blvd, Suite 250 Santa Monica, CA 90401 APN: 262- 073 -24 PARAGRAPH THREE: District Easement: Water Easement recorded March 17, 1950 Per File No. 30369 in Book 3543 PARAGRAPH FOUR: Purpose: Placement of 8" private sewer line under existing 30" water line in accordance with CS- 350-I. enaoxhment- permithr i 23511 ATTACHMENT "@" TO COVENANT REGARDING ENCROACHMENT PERMIT NO. 031 7 GRAPHIC SCALE 1' =20' l�PROPOSED 6' PRIVATE PVC SWR 0 20 40 60 EX 20' SAN DIEGUITO WATER I N DISTRICT ESMT PER FILE NO. 30859 REC. MAR 17, 1950 6 FILE NO. 55093 REC JUN 12. 1950. / + - 21.5 + - TOP SWR APPROXIMATE LOCATION / I I EX. 30 " CL III SAN � DIEGUITO WATER 015TRICT WA TERLINE. / WATERLINE IS OUTSIDE ESMT. VERIFIED BY I POTHOLING_ EX 15' SWR ESMT PER DOC. NO. 2002- 0835197 REC. U) SEPT 27. 2002. I 1 bhx Inc. land olannina. civil engineering, surveying 5115 Avenida Encinas Suite L Carlsbad. California 92008 -4387 (760) 931 -8700 5U5-U /04 -bUU UO-uu-V4 i {, Recording requested by: II City of Encinitas �a When recorded mail to: City Clerk City of Encinitas 1 �t 505 South Vulcan Avenue Encinitas, CA 92024 Doc # 2004- 0874470 II11 1111 {I IIIII IIII IIIII IIIII IINI 1101IIIII II1111111111A! IIIUIII SEP 14,2W4 4:01 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE GREGORY J. SMITH, COUNTYRECORDER FEES: D.O3 WAYS: 3 16159 PAGES: ' ) i�IBBI�GIliV�il�a0�1�i61B�8��111��18�8�YR® > 2004 - 0974470 FOR THE BENEFIT OF THE CITY) 1 SPACE ABOVE FOR RECORDER'S USE ONLY GRANT OF OPEN SPACEMBITAT PRESERVATION EASEMENT Assessors Parcel No. 262 -073 -24 Project No.: 9&039 WO No. 6442 -I,G M &M Development, LLC, a California Limited Liability Company hereinafter called GRANTOR(S) doles) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, (A) A perpetual easement for OPEN SPACE purposes over, upon, across and under the Subject Land, as described in Exhibit *A0 attached hereto, and no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the Subject Land except all necessary public utility lines. (B) The perpetual right, but not the obligation to enter upon the Subject Land and remove any buildings, structures or other things whatsoever constructed, erected, placed or maintained on the Subject Land contrary to any term, covenant or condition of this easement and to do any work necessary to eliminate the effects of any excavation or placement of sand, soil, rock or gravel or any other material done or placed on the Subject Land contrary to any tern, covenant or conditions of this easement. GRANTOR covenants and agrees for himself and his successors and assigns as follows (A) That it shall not erect, construct, place or maintain, or permit the erection, construction, placement or maintenance of any building or structure or other thing whatsoever on the Subject Land other than all necessary public utility lines. (B) That it shell not use the Subject Land for any purpose except as OPEN SPACE purposes. (C) That it shall not excavate or grade or permit any excavating or grading to be done, or place or allow to be placed any sand, soil, rock, gravel or other material whatsoever on the Subject Land without the written permission of the City or its successors or assigns. (D) That this Open Space Easement shall preclude vegetation removal or additions with the following exceptions: 1) brush clearing for fire protection purposed shall be 7449 16160 permitted upon written order by the appropriate fire fighting of fire protection agencies. 2) removal of hazardous substances or conditions or diseased plants or trees shall be permitted, 3) planting of native vegetation or removal of invasive non- native vegetation may be allowed with the permission of the City or its successors or assigns, and 4) creation of a modified fuel management area within the eastern wetland buffer area shall be allowed as portrayed on sheet 5 of grading plan 6442 -G. This modified fuel management area may be planted with native, low -fuel load plant species; removal of non - native plants and trimming and removal of dead material from native plants may occur within this area, outside of the bird breeding season (February 15- September 30) If the Grantee subsequently does not develop, or relocates the building that would require this modified fuel management area, then this modified fuel management area shall be removed from the allowed uses. (E) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. (F) That no invasive landscaping shall be planted In areas adjacent to the Open Space Easement. (G) That no outdoor lighting shall be directed upon the Open Space Easement. (H) That this Open Space Easement shall be maintained in accordance with the Management and Monitoring Plan contained on Page 8 of the November 17, 2003 letter prepared by Tierra Environmental to the City of Encinitas. This letter is on file with the City's Planning and Building Department and Engineering Services Department (Case # 98 -039), The grant of this easement and its acceptance by the City of Encinitas shall not authorize the public or any members thereof to use or enter upon all or any portion of the Subject Land, it being understood that the purpose of this easement is solely to restrict the uses to which the Subject Land may be put. This easement shall bind the Grantor and his successors and assigns. Dated this ell day ofw�'? , 200 Date -'^ Grantor S Date Grantor Date Grantor Signature of Grantor's to be notarized. Attach the appropriate acknowledgements. 7449 16161 This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. k O ; v ffOW � .• ... Peter Cota - Robles Director of Engineering Services City of Encinitas Notarization not required 7449 16162 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. Countyof S» 0If)o On AU1,131 101 300 beforeme, fi> Vf A. tic", m ram. �a la a as as •w m. weer rwcl personally appeared �� r n r'7 Q• %��ur f ROBERT M. NEllt Commfiilon M 1296654 33 y Nolory Public - Colifornlo y son Nego Covnly My Cdrrrn � Mv?42tldS a raw.i 0 personally known to me QI proved to me on the basis of satisfactory evidence to be the person0i) whose names) (B)" subscribed to the within instrument and acknowledged to me thal(&5 aroky executed the same in Q>krAI$eir authorized capacity(4c), and that by (ObiirNi6ir signatureN on the instrument the person(to, or the entity, upon behalf of which the person(4) acted, executed the Instrument. �W ITNES my hand and official seal. �C�--r M net. -- vo+ a m-" n OPTIONAL Tho gn da iAwmabon bvbw a not mqufred by law. A My PMft WAMbit to Pnrcom nhYM m 00 doa~ Old mold PwV8N rraudLdW me l Ind eoeffachffo tl ol am Ann to /rpflrr domenMd Description of Attached Document Title or Type of Document: iy^n�i Uf �P °^ $i"rt�Fl,biE'+i PreStrv�.iwif,w�.i Document Dale: Number of Pages: Signer(S) Other Than Named Above: Capacfty(ies) Claimed by Signer Signer's Name: _ D individual ❑ Corporate Officer — Title(s): O Panw — O limited D General O Attorney-in -Fact ❑ Trustee O Guardian or Conservator O Other: Signer Is Representing: o imoewvr xa.. rw .w.am.awo.ama..,roem�:.m.m+w.an uri�isx.m...«.+ra.�nevrnv nee �c um rwn...cr mss.. iaroan�n 16163 SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Lease recorded July 2, 2004, as DOC No. 2004 - 0624934 subordinated to Grant of Open Space/Habitat Preservation Easement ( "DOCUMENT' hereinafter) required as condition of approval of City of Encinitas Resolution No. 98 -91 MUP/DR/CDP. August 26, 2004 ENCINITAS COUNTRY DAY SCHOOL, Inc. LESSEE By: Kathleen M. PorteAleld Title: Chief Executive Officer 16164 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of SAtJ tl ss. On _. lb mcp lot before rne. SkV ka r%,P— QCl ((, M viDA4 i c , Om nMrNAYr Ofer MO••an P Mbr pmsonatly appeared ka'01(CL.Vt � , i'Oi°f"tll.Q1 f A _. tiy►q personalty (mown to me %(proved to me on the basis of satisfactory evidence to be the persona whose name subscribed to the within Instrument -and aclaawledged to me thatb i k axewled the same in fiii i?tAeir- authorized capacity(i Q, and that by ft7cARt tt)glr signature on the instrument the person* or the entity upon behalf of which the person�Q acted, executed the instrument. WITNESS rry hand and official seal OPTIONAL ThoL 1 babw it rW ngWW by law, a f1Mr P� Wk4W b DeM1YxO Mt*p W CM *Kxnwd AW Cmk Pwmm hau uwx (arnovW and reaaadrr^V d fts rwm ro ano r mnx a Description of Attached Document Tae or Type of Document: - - Document Date: Number of Pages: Signers) Other Than Named Above: Capaclty(ies) Clainned by Signer Signer's Name: _ -- O hWNfdual rooda.ma�.. O Corporate Officer — Tale(s): ❑ Partner — 1-1 Limited D General ❑ Aaomey -in -Fad Cl Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing olm xmrr Atl.ftw a� 1lOUa1HKr J 16165 SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorded August 11, 2004 as File /Page No, 2004- 0760225 subordinated to Grant of Open Space/Habitat Preservation Easement ('DOCUMENT' hereinafter) required as condition of approval of August 25, 2004 DATED DATED BENEFIC =TRE By: es P. Kellef Title: President BENEFICIARY OR TRUSTEE LA Title: Signature of BENEFICIARY or TRUSTEE must be notarized. Attach the appropriate acknowledgements. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Date: 3 t7 By: Peter Cota- Robles Director of Engineering Services City of Encinitas 7449 16166 CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT State of California County of \ ' on C �4, before me, �� 1�AnSC 1 _. (Notary Public) personally appeared 9 9 personally known to me ❑ or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe /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, executed the instrument. WITNESS my hand and official seal. JEM R. JOHNSON _ Cammh*m 0 1295962 Camoadn Signature o the Notary Wevar�eWDr OPTIONAL: Capacity Claimed by Signer: ❑ Individual A Corporate Officer ❑ Other Type of Document: Title/Typc of Document: Number of pages 16167 EXHIBIT "A" PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, BEING WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25, AS SHOWN ON RECORD OF SURVEY NUMBER 14943 RECORDED AUGUST 3, 1995 AS FILE NUMBER 1995- 0336085 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID SECTION 25, SOUTH 89°17'06" EAST (RECORD SOUTH 89°17'14" EAST PER RECORD OF SURVEY NUMBER 14943), 353.44 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00"42'54" WEST 35.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°1706" EAST, 178.21 FEET; THENCE SOUTH 47°28'15" EAST, 34.73 FEET; THENCE SOUTH 62°43'10" EAST, 22.28 FEET; THENCE SOUTH 06 "16'17" WEST, 25.78 FEET; THENCE SOUTH 12 °13'56" EAST, 101.92 FEET; THENCE SOUTH 02°33'08" WEST, 48.16 FEET, THENCE SOUTH 25 05640" WEST, 28.79 FEET; THENCE SOUTH 13 °12'44" WEST, 59.84 FEET; THENCE SOUTH 21 °49'29" WEST, 50.90 FEET; THENCE SOUTH 19°2932" WEST, 22.47 FEET; THENCE SOUTH 20°46'38" EAST, 20.93 FEET; THENCE SOUTH 37 °03'06" EAST, 49.86 FEET; THENCE SOUTH 08°50'32" EAST, 82.20 FEET; THENCE SOUTH 15 °12'27" WEST, 134.96 FEET TO THE NORTHERLY LINE OF THE NORTHERLY 668 FEET OF THE SOUTHERLY THREE- QUARTERS OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE ALONG SAID NORTHERLY LINE, NORTH 89°21'28" WEST (RECORD NORTH 89°21'59" WEST PER RECORD OF SURVEY NUMBER 14943), 251.51 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 07°23'10" EAST, 67.63 FEET; THENCE NORTH 25 °5T33" WEST, 27.39 FEET; THENCE NORTH 09°5223" WEST, 48.75 FEET; THENCE NORTH 08 °15'19" EAST, 162.76 FEET; THENCE NORTH 02 '571T' WEST, 188.54 FEET; THENCE NORTH 13°08'37" EAST, 60.59 FEET; THENCE NORTH 46 °51'19" EAST, 25.30 FEET; THENCE NORTH 13°08'11" EAST, 66.17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 3.79 ACRES MORE OR LESS. and A. Marois 5941 1,AND I/Z.V6l- I /vlAmwt A. Man Na 1.8.5941 K ALand Projem 31505- 07D4 -W9 igelAConwmiion Emm at2.wpd \ F POC NW COP. SEC. 25 T 13SR4W `�ic7i n� NTS myead A. Men Na I.S. 5941 Z. 16168 SHEET 1 OF 2 EXHIBIT "B" N'LY LINE SEC. 25 (RECORD S69'17'14'E PER R.O.S. 14943) TIE LINE p8_ ONLY L25 L23 APN fie2- 073-84 L22 N ]/A 1 1 /49 1;,3 1 /4 BBC 255 T 1 389 R '4 W c: %Land Projects 3 \505-0704 - 600 \Tmodel L21 L L 5 L5 L7 L8 7L1O L11 12 13 J14 AL15 L16 / L17 N'LY LINE OF THE N'LY 668 FEET OF THE S 314 OF THE NW1 14, SEC. 25 (RECORD NB9'21'59 -W PER R.O.S. 14943) bNA,Inc. lend olannim. civil engineerinA, aurveYing 5115 Avenida Urinal Suite L Carlsbad, California 92006 -4387 (7601 9.9 i -9700 505 -0704 -600 OS -23 -04 16169 SHEET 2 OF 2 LINE BEARING DISTANCE Li S89'17'06 "E 353.44' L2 S00'42'54 "W 35.00' L3 S89'17'06 "E 178.21' L4 S47028'15 "E 34.73' L5 S62'43'10 "E 22.28' L6 S06'16'17 "W 25.78' L7 S12'13'56 "E 101.92' L8 S02033'08'W 48.16' L9 S25'56'40'W 28.79' L10 S13812'44 "W 59.84' Lii 521'49'29 "W 50.90' L12 S19'29'32 "W 22.47' L13 S20046'38 "E 20.93' L14 S37'03'06 0E 49.86' L15j S08-50'32 "E 82.20' L16 S15'12'27 'W 134.96' L17 N89'21'28 "W 251.51' L18 N07'23'10"E 67.63' L19 N25'57'33'W 27.39' L20 N09052'23"W 48.75' L21 N06'15'19 "E 162.76' L22 NO2'57'17'W 188.54' L23 N13008'37 "E 60.59' L24 N46'51'19 "E 25.30' L25 N13'08'11 "E 66.17' K, \1. nnn Prn ients 3 \5(35 - 0704 - 600 \TmOtlP1 bh Inc. )and blanning, civil englnaerinp, aurreyfnp 5115 Avenida Enclnaa Suite L Carlsbad. California 92008 -4387 (760) 931 -0700 505- 0704 -600 O1 11T AJ RV OL0 � N Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue DCC # 2004- 0917461 ' 11111111 IIII IIIII IIIN N111111111111111111111111q {I11111111111NI 1111 SEP 28, 2004 2:06 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER 3 FEES: 0.00 WAYS: 16720 PAGB NA Encinitas, CA 92024 > 110111 Rill Rill 311111111 IN019N1110111 Rill 0 11101f1U111011ill FOR THE BENEFTI' OF THE CITY ) 2004 - 0917461 )SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGHWAY Assessor's Parcel No. 262- 730 -24 M & M Development, LLC a California Limited Liability Company Project No. 98 -039 W.O. No. 6442 -G Hereinafter called GRANTOR (S), do(es) hereby grant, convey and dedicate to the City of Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for a public highway upon, over and across that certain real properly in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The Grantor hereby further grants to the 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 a manner and at such locations as said Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said highway. grant.hwy 99 -039 Encinitas country day school 16721 The Grantor, for himself, his successors and assigns, hereby -waives any claim for any and all damages to Grantor's dedicated property conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this ,2 4 day of 2004 OW�N/�EER' Signatuurrej: Print Owner's Name: OWNER's Signature: Print Owner's Name: Signature of Owners to be notari7sd . Attach the appropriate acknowledgments . This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. IN � �� Peter Cota- Robles Director of Engineering Services City of Encinitas granthwy 99 -039 Encinitas country day school Sep 19 04 10:58p Rug 16.03 03:58p EXHIBIT A Legal Description Pared A Right of Way Acquisition 16722 Thai portion of the North half of the Northwest Quarter of the Northv` m Quarter of Section 25, Township 13 South, Range 4 West, San Bernadino Base Meridian. in the County of San Diego, State of California, according to United Stan- Government Survey, described as follows: Commencing at the Northwest comer of said Sermon 25, thence a!oae the vrster:y :inc thereof as shown on Record of Survey No. 14943, South 00°08'59" West (South 00°08'54" West recordX 665.42 feu to the southwest corner of the North half of the Northwest Quarter of the Northwest Quarter of Section 25; thence along the southerly line thereof South 89021'12- East, 20.00 feet to a point on the easterly right of way line of Manchester Avenue, as shown on Road Survey No. 426 and TRUE POINT OF BEGINNING; thence continuing along said southerly line, South 89°21' 12" Fast. 3.23 fee- thence leaving said southerly line. North 01 604'36" East 111.09 feet; thence North 02 °46'26" East 405.18 feet; thence North 01°04'36" East 28.36 feet to the beginning of a tangent curve concave to the southeast having a radius of 94.00 frrC thence 14029 feet northeasterly along said curve through a central angle of 85 °30'36 "; thence North 86035'12- East. I MAD fret to a point on the southerly right of way line of Manchester Avenue. as shown on Road Survey No. 426; thence along said right of way line North 89° 16'5 !" West 10952 feet to Ux begin of a tangent nave concave to the southeast having a radios of 110.00 feet; theaee 173.88 feet southwesterly along said curve through a central angle of 90 °34'10'; thence South 00°08'59" West, 534.29 feet to the TRUE POINT OF BEGINNING, all as shown on the map attached herewith and trade a part hereto. I:,1=7.8:11 NOLTE and ASSOCIATES, Itac K ,4w [— ✓-.----Ore-7— 6 -9 -98 Ronald C. Parka Date LS 4312 n: tsd04421w in4wap5.doc �S O No. 4312 EW ri 3mv nX 141 �F.OF p.3 P.3 EXHIBIT "A" eiQpA 7£S Axw ;r 0r im r 70 ar Acasq O P114 K4NMEY)ER 4M AI£A1/E _ $7!1 g � c s -9-98 0' 100' 200' * �* ROYAW C PAMER DA 7F u�tt�i LS 4_ I2 EXHI6IT 'B' SCALE- I = 100' Elp 6- .i0 -L1? � « Noa�dAOaATe•m= RIGHT OF WAY ACQUISITION SS Engineers / Planners / Surveyors ,;_;� Q a.n ■w ia..a. s.ar APN 262 -073 -24 l0r, s a u 921" CfTY OF ENCIMTAS �. �.�` TM�I4nCi01YJ 270 -Y]Y] Cs.R6191 II70 -�63p � �Y � � 1 aq[ I EL CAMNO REa-167 2 3 POINr Cf' CLMIMENCFA#DVT NW CORNET OF SECRON 25 k23 N897651 "W 262 - 150-12 109.52'_ 4 MMG*EvTUc-AME- 26 NB635722� EXISTING R/W _ p 90 34'10 ICA6.i' PER R.5 426 R = If0.' 0088' I p = 8530:16" L = 173 R -94-00' L - 140.29' 261 - 150 -JZr NOa56'' 2& 36" h h I� j 262-07J-24 II MA KS K > TI UNRECORDED �10' SCHER EASEMENT W I W 3 261 - 150 -45 C3 z3t z NEW R/W _rJ CAON LINE PER R.O S 14943 111.Oo' SW CL%4N£R OF 7HE NORTH 1/2 � THE NW / 4 OF ME NW 1 t QF SEC 25 261 - 150-61 58971'1 ?7r 589717 ? -' 2Q00' J2i TRUE POINT OF B£pNNING �p�y� 262— 073-25 eiQpA 7£S Axw ;r 0r im r 70 ar Acasq O P114 K4NMEY)ER 4M AI£A1/E _ $7!1 g � c s -9-98 0' 100' 200' * �* ROYAW C PAMER DA 7F u�tt�i LS 4_ I2 EXHI6IT 'B' SCALE- I = 100' Elp 6- .i0 -L1? � « Noa�dAOaATe•m= RIGHT OF WAY ACQUISITION SS Engineers / Planners / Surveyors ,;_;� Q a.n ■w ia..a. s.ar APN 262 -073 -24 l0r, s a u 921" CfTY OF ENCIMTAS �. �.�` TM�I4nCi01YJ 270 -Y]Y] Cs.R6191 II70 -�63p � �Y � � 1 aq[ ersl MCnOMIA ALL-PURPOSE ACKNOWLEDGMENT State of dX 2 County of On before me, 16724 /C personally appeared /N T /"rU1_ v+R.t ❑ personally known to me - O ved to me on the basis of isfactory evidence to be the person(s) whose name( r e subscrib� -t�the within instrument and ackn�w�gdged to me th h elthey executed the 't n l r/their authorized capacity(ies), and that by hi 'IRANUA G. MILLJOUR 1 r/their signature(s) on the instrument the person(s), Cbminission 11389205 D or the entity upon behalf of which the person(s) acted, Caw oma� executed the instrument. Notary FuNk s,n a.10 ceaRty In �pmmUSbn E=0. hr� 6, 2007 WITNESS my hand and official seal. OPTIONAL Though Me information below IS rvi required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this roan to another documenl. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of Numb here Signer Is Representing: Signer's Name: LJ ■ ;MM Number of Pages: __ Individual Corporate Officer Title(s): Partner — ❑ Limited Attomey -in -Fact Trustee ❑ General Guardian or Conservator Other. Signer Is Representing: O 1695 NaYO,WI Ible7 AWOrielv� • azw Rmm.N Mv.. PA. Bw 1160 • Crnae Puk cA eI:pIF raw . •.,•• RIGHT THU:•e PRINT OF SIGNER i RECORDING REQUESTED BY ,ity of Encinitas r05 South Vulcan Avenue Encinitas, Califomia 92024 AND WHEN RECORDED MAIL TO City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, California 92024 SUBORDINATION AGREEMENT 16725 NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE RIGHT -OF -WAY INTEREST REFERENCED HEREIN. THIS SUBORDINATION AGREEMENT is made this August 17, 2004 day of August. 2004, by and between M&M Development LLC, a California limited liability company, owner of the land hereinafter described and hereinafter referred lo as *Owner.' the City of Encinitas, a California municipal corporation, hereinafter referred to as the "City,' and Discovery Bank, a California Corporabon, present owner and holder of the deed of trust hereinafter described and hereinafter referred to as "Benefioary: WITNESSETH THAT WHEREAS, Owner is the owner of certain real property described as 3616 Manchester Avenue, Encinitas, California, Assessors Parcel Number 262 -073 -24, with the following legal description. 'IN THE NORTH HALF OF THE Ni SECTION 25 TOWNSHIP 13 SOUTH, RANGE 4 WEST, ACREAGE 19.35 NON - IRRIGATED RURAL LAND' in the County of San Diego, State of California (the'Properl and WHEREAS, Owner executed and delivered a certain Deed of Trust dated August 9, 2004, to Discovery Bank, as trustee, covering the Property to secure a incite In the original principal amount of 53,600,000, dated August 9, 2004 in favor of Beneficiary, which deed of trust was recorded August 11, 2004, as Instrument No. 2004 -0760223 of the official records of San Diego County, California (the "Deed of Trust). The Deed of Trust is a first mortgage lien against the Property: and WHEREAS, Owner is entering into a settlement agreement with the City. As part of that settlement agreement the City will acqu Ire a rightof-way interest in a portion of the Property. Owner is willing to grant such a rightof -way interest to the City and the City is willing to accept such a right-of-way interest from Owner as pan of the settlement between the parties; and WHEREAS, the City requires, as condition of accepting the right-of-way interest and entering into the settlement that Beneficiary subordinate the lien of its Deed of Trust to the proposed right-of-way interest Beneficiary has indicated a desire to grant such a subordination subject to the terms and conditions set forth herein; and WHEREAS, it is to the mutual benefit of the parties hereto that the City enter into the settlemenl agreement with Owner, which settlement agreement shall include the nghtof-way interest; and Beneficiary is wiling that the right-of-way interest shall, when recorded, constitute a charge upon the Propertywfhich is prior and superior to the lien of the Deed of Trust provided that Owner and the City comply with the conditions set forth below. 4838 - 1017 -2410 1 16726 NOW, THEREFORE, in consideration of the mutual benefits acauInto the parties hereto and other valuable consideration, the eceipl and sufficiency of which consideration is hereby acknowledged. and in order to induce the City to enter into the settlementagmementabove referred to. It is hereby declared, understood and agreed as follows: (1) That said dghtaf -way interest in favor of the City shall be and remain at all times a charge on the Property prior and superior to the lien of the Beneficiary's Deed of Trust Beneficiary herebywaives, relinquishes and subordinates the Fen of its Deed of Trust in favor of the charge upon said Property of the Citys right -of -way interest, and Beneficiary understands that in reliance upon, and in conside2Fon of, this waiver, relinouishment and subordination, t e Otyand Owner are entering into the above - referenced settlement agreement, which agreement would notbe entered into but for said reliance upon this waiver, relinquisthorent and subordination (2) That the Oy would not enter into the referenced settlement agreement with Owner without this subordination agreement. (3) That Owner and the City hereby covenant and agree as follows: (i) The terms of the right -of -way interest shall not be modified without the prior written consent of Beneficiary; (2) This subordination agreement applies only to that portion of the Property covering the right- of -way interest being granted by Owner to the City and does not in any way affect Beneficiary's first lien position on the remainder of the Property; and (3) Owner and the City hereby acknowledge and agree that the subordination of Beneficiary's Deed of Trust is made in consideration of and in reliance upon the conditions and terms set forth in this paragraph (3), which subordination would not be made or be effective but for the agreement of Owner and the City to comply with such conditions and terms. (4) That this agreement shall be the whole and only agreement between the parties hereto with regard to the subordination of the lien of the Deed of Trust to the right -of -way interest being granted by Owner to the City and shall supersede and cancel any prior agreements as to such, or any, subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust, which provide for the subordination of the lien thereof to a subsequently recorded lien or charge on the Property. Beneficiary declares, agrees ands acknowledges that: (a) Beneficiary consents to and approves the terms of the right -of -way interest granted by Owner to the City as part of the above - referenced settlement agreement; and (b) Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the lien of its Deed of Trust in favor of the charge upon said Property as a result of the right -of -way interest granted to the city by 4838 -1017- 2416.1 16727 Owner, and Beneficiary understands that in reliance upon, and in consideration of, this waiver, relinquishment and ; ubordination, the City and Owner are entering into the above - referenced settlement agreement, which agreement would not be entered into but for said reliance upon this waiver, relinquishment and subordination. M &M Development, LLC, a California limited liability company (Print Name and Tltle) BENEFICIARY Discovery Bank. a California Corporation By Name: Stanley M. Cruse Tine: Bxewbve Vice PresidenVChiel Credit Officer (Print Name and Title) CITY The City of Encinitas, a California municipal corporation By Nam: 1 C G� �. IN Tine: (Print Na a and Title) 4838 -1017- 2416.1 STATE OF CALIFORNIA 'AUNTY OF S a,k f SS. 16728 on pvyxtlk 10" Ae01% before me, Qo e k RMW personally appeared �QOjire7 p }��vIS personalty known tome (or proved tome on the basis of satisfactory evidence) to be the personN whose mme(y )&* subscribed to the within instrument and acknowledged to me tha(asR¢M1y executed the same jr(EDikth1I1r authorized capacity(i4g), and that Ii ni rlkir signature(4 on the instrument the personia), or the entity upon behalf of which the persoriM acted. executed the instrument. WITNESS my hand and official seal. 0,),j ,+_.f 4818- 1017.2416.1 4 ROBERT M- NEILL r Commission 0 1296654 ti Notary PubBC - Cofifomla Son Diego County W �t 6Rjres MOr713, =5 (This area for official notarial seal) STATE OF CALIFORNIA ((�� 16 7 2 9 ' OUNTV OF &a'ZZ !;:� ) SS. On 0-ki-swak 1 CDWL-. before me, s wl RC_D�N"f�M _ personally personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(suyare subscribed to the within instrument and acknowledged to me thill;)she/ they executed the same in his/herMeir authorized hapacity(ies), and that "ther/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrumenL WITNESS my hand and official seal. JFAN R. JOHNSON Commisslon * 1495962 Notary Public - Califamla Son Dibgo County Siena �..SIY� (This area for official notarial seal) c 4838 - 1017 - 2416.1 STATE OF CALIFORNIA 16730 ':OUNTY OF ) SS. On _ before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/Iheyexeculed the same in his/her/their authorized capacity(ies), and that by hIs/herRheir signature(s) on the instrument the person(s). or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. (ALL SIGNATURES MUST BE ACKNOWLEDGED) (This area for official notarial seal) R IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO (CLTA SUBORDINATION FORM -A -) 4838 - 1017 - 24111.1 6 Hub 11 04 10:24p Susan Leonard 858 756 4072 p.2 16731 RECORDING REQUESTED BY City of Ertcnvs 505 South Vulcan Avenue Envies, Caibma 92024 AND WHEN RECORDED MAIL TO city Clerk Cny of Encircles 505 South Vldcan Avenue Ertidlaa, CmHDwa 92024 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR LEASE INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOUVER PRIORITY THAN THE RIGHT -0F -WAY INTEREST REFERENCED HEREIN. THIS SUBOR DINATION AGREEMENT IS made this I / KL z0q day of August,2OD4, by and between MW Devebpment. LLC. a CiVan,almited Yaelny oompatry, orvrer of uteeM lteeitededeacnbed and tteCndkrreferred to as'Owrte," the Cdyof Enciitas, a Caafonia neatiopal mpv>Inn. haeruitte released to as the 'Cay' arch Enciifa, Ccurnry Day School, Irtc., a Calir mia Corporebon, prasaW holder and termd of the Ieme hereuiafter described. Emnlas Country Day School, Inc. is 1leees'Nu referred to as 'Leaseholder' WITNESSETH THATWHEREAS, OtswemtheawnerofCetdvtrealprape ;t de ftWas3878MHndtesWAv ,Encinitas,Calfarrda,Assecou(s Pecd NtrMer 252 47124,w2hthefoOv riglegaldescnpbon:'IN THE NORTH HALF OF THE NWO, SECTION 25 TOWNSHIP 13 SOU TH, RANGE 4WEST, ACREAGE 10.5 NON - IRRIGATED RURAL LAND' in Te County d San Diego, Sete d Caifomo (the'Pnopenn: and WHEREAS. Owner and LeaseholM ereCUted a Lean deed Jurte 28. 2004, punsuant to which Owner as Landlord and Les "as tenant entered Into a leasehold arrangement regarding the Pmpaty (ther'Leasej. On July 2. 2004, a Mmwrd dum of lea¢ s recorded, as Instrvnera No 2004. 0874034 of the offoial records of San Dego Cc rny, Caaforma. Said Me tro andum of Lease provded consWctrie noticed Leaseholders rights under the Lease; and WHEIEAS.Owrermetemg vdo a sebknted agreement with the Cily. As pan ofMel settlemerd sweertere. the City wv'1 arqunaadght -oil ay Imerest In a pomon of Moe PropMy. Ovine b willing to grant such a 6IIM-0I�y Wrest fo the Cny and the City s wWng to accept such a hg" -way, rderest holm Owner as pad of the sdberne t between the parties; and WHEREAS, the Qty requires. as condition of accepting the right-0l -way merest and anteri g inlotne se femaq that lwaeholdw subordnahi its Lease to the proposed right *P" irtrsest. Leaseholder has atdicand a dews m gnM such a subordlnaton eubjea to the terms and conditions we farm ttneR and WHEREAS. d m to the mulual benerd of the parties hereto that Life cry erder woo the settlement ageemerd wdh Owner. which Selo 0 agreentern snd vtdude bte rgM4f wvj interest, and Lws fickler is w11Ng that Mte rVt W -way interval Quaff. whet recmAe4 otrnaada a charge upon the Progeny, which e prim and supeor to the Lease drovsled tttat Osrter and the Gty Cornpfy with the mntkbons sel forth below. 4915 - 53913-472.1 • Rug 11 04 10:25p Susan Leonard 858 756 4072 P.3 16732 NOW, THEREFORE, nmraideabano fe* Minuet lenerasaoc�.ngtothe parties hereto and olle,vat aelecosideealwn,mer«sot and sutrkierry of reach consideration a hereby aclmoMedged. and in ceder to Induce the City to ante rn to the semeriml agreemert above referred to, d is hereby declared, caiderstood and agreed as follows: (1) That said right ofway imagist In firvor of On Cry Nall be and Fannon a as tma a charge m the Property prior ad aperior m 1"asanolnees Leese. Leasehoafer hereby mim, reb quashes and subadirWes the Lease in fawr of the Charge upon said Property of the Cilys rightof -way interest, and Leaa3rode odererardsmacnreftF upon,adlnm tEim bond.Uew . reinvastnertandsamrd., abon, theCryandOwner areoeedng Wirth,ano.erereninced sett4mnrs ag eernenL which agreement would not be ordared into twin for said rebanca upon Ues iranva, relinWistri hard and aiCartinatvrt (2) That bar City would M elder ado the referenced settlement agrenrie d with Oi ner vaTtlpt this subordnatdn agreement. (3) Thal Owner and the City hereby covenant and agree es follows. 01 The terms of the fight of 4M ldaeel shell not be modified wthmd the Prior wager consent of Lmaehoaa: (l) TWs stbordmiation agreernerd apphirsonly to that portion of" Property covering the rigrt-or-way Interest being granted by owner to the City ad does not in any way ~ Leaseftn4leYS position on the remMMe of the Property. arced (n) Omer art the Coy hereby acwrwradge and agree than the smadination or Leaseholde's Lease a made In corlidertion of ad in rebary upon the rvrdrlors and terms set IorU In this paagrapn (3), which wbordaurion would not be made or be effectI wt for the agreement or owner end the City to campy with such ccndenms and toms. (a) Thetthsegre tshasbadmwhdeandmyagalanetbehweea the parties hereto with regard lotheamadoationortheLraiie to" rgma -way Interest bedag granted by Ower to the City aid ens.( supmede and nand any prior agreenents as m such, or any, subordination liclvawg. but not mead to, those pmvai m d ay. Conga mid m the Lease, which proMde forme subordination of pie Lease thereof to a eubsequeray recorded ben a charge on the Property. LeasehoMa declares. agrees ands acknaMedges Use. (a) Leaseholder cone to and appraas the terms of the rightdway, interest graded by Omew to the City as part of the abuv&- Werenoad sertlerrwt eg2emer[ and (o) LeasM011a i tent oWy and Lin ordli naly waNes, rvlk fishes and subordnates a Leaa r in favor of the Charge upon sad Property as a resua of the fight -d- y ireereu granted to the Cty by Ovwler, and Leesenuwer understands that In reliance upon, and in considaatim of. this wailer, relinquishment and eubordnaban, the City and 0arre are enterrig mto the sbmv referenced seblement agreement, which agnerm. weld not be entered into but for said relmoa upon this waive. relnauLShnent and subcrdinaticr M&M Development, LLC. a Caliknna Iinnited liability ttandny 4813- 3383-347 1 2 • Rug 11 04 10:25p LEASEHOLDER Encinitas Cantry Dry Sc1nd. a Catania corporation Susan Leonard (iy goxp W u Name: • M - f'�i 1- T-me' (Print Name aM T.te) CITY The Cty al Emirth.. a California murticipal corpaabm Nartre. L. Tie (Print Name kW Tale) 181 5 - 5)83-34721 3 658 756 4072 p.4 16733 Rue It 04 10:25p STATE OF CALIFORNIA COUNTY OF �4w O Susan Leonard 056 756 4072 p -5 1 SS an p.uy431 11 100`% Eelfue,,,e, kask],1 M. ue;l1 + wo+o.ry ii u urea h . i1, of eful 10 ��__��_�� tx+sonatytonwm m me for pnr/ed b mean the b sas or satkhrSmy evdertce) m be the M— V Wh— rnm s pa b Ills wilhN irt9nmM aria atlulvrAndpea m me that 11 I e¢ to same m his. lftet aolhoaLea apad'Y�m mat try h [re&bn the irslm at the petssrow the emtly upon behalf of which the pcn;bjqaCled MOMtea the i strumem. 16734 WITNESS my hand and olficral seal Lj MK.-I/ 43115393-34711 4 ROBERT M. NEILL Commission M 1296654 y Nolary Public - Colifomlo Son Diego County W Ccmm.5pkM Ma2Q 2M5 (Ths ame far official notarial sew Aug 11 04 10:25p Susan Leonard 858 756 4072 p.6 STATE OF CALIFORNIA 16735 COUNTY OF S -� 0`4?50 T SS. On P.vyv.! OD, am, % bebeme, Roherl K. W*Al ►b4-+y P 41.. pe*seay appeared & -Qo"tN D. ^"As PenminaM linewn m me (or PmWd to rile m tha basis of satisfactory abidance) to be the person0(1 whtee rwrrP)(')* auk tit the Within mtru wl and adotoaWg d Eo me am( dW* MO-10d Ina tame ir@l hkAi* aNhoriled ca{ rata"), and aW &JQPA b(r epnature(p m be Inatimtom t the peraonl(f, m the wwty upm h~ of which the persort(p acted, arccuted the insbument. WITNESS my hard and oifclal seat sprat„ra IW�••- m 4915-5383-3471 I S ROBERT M. NEU 3 ' Commltsion • 1196651 g '+ Noftvy pubRC - Coliforrdo San 01ego Cou„ty W Comm EXZYes h4,,M M, (This area w affrral na an sd) w � Hug 11 04 10:25p Susan Leonard STATE OF CAUFORNIA COUNTY OF SS 858 756 4072 p.7 16736 .__.. .Peram* appeared _ peraorulty kndvn In ma (ar proved b maw the basis of satlstedary evidenp) to b& 0w paaon(s) rtwse lame(a) [stare Subsamed 10th@ MUM Mist' miera aria actmoMadgW to me that hefshelthey aieoutad them" in Mslh&M*ir aBthorb ed capwAy(les), and that bt h s/tw olheF sigrature(s) an the slsbumed the perwn(s). a the entry ryas behalf of *Idpl the peraon(s) ec . exectftd the mstnmiefd. WITNESS my hand and oft I sml _ (This area fw oRoat notd+ial seal) (All SIGNATURE& MUST BE ACKNOWLEDGED{ A IS RECOAWNDED THAT, P" TO THE E.ECUTM OF TILLS SUaoao,1 TION AGREEEBU7(T, THE PaBrTIES CONSULT YHTH THBR ATTOPJIM WITHRESPECT THERETO (CLTA SUBORWNATION FORM "A -) 4915-3393-34721 6 C Recording Requested by San Diego Gas & Electric Company When recorded, mail to; San Diego Gas & Electric Company 8335 Century Park Court,.Suife 100 San Diego, CA 92123 - .1,.569: Attn: Real Estate Recbrds.- CPI ID Project No.: 441G66=016 Const. No.: 2825440 A.P.N.: 262 - 073 -24 Exhibit "A" attached DOG # 2004-1140925 111111{ {II I IIIII {lIN II III II II I II I{i Il 111 l IIN ll 111 Illll 11111 Illl Il ll DEC 03, 2004 11:11 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 1&00 OC NA PAGES 4 INIIIN111NII1G111�111NIIINIIINIIiGIIINIIIgIIINI�NIBNIIInIIINI , 2004 - 1140925 Transfer Tax None 3 DIEGO GAS & ELECnUC COMPANY 9� l - lYb EASEMENT h M & M DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, hereinafter called "Grantor ", grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, "Grantee ", an easement and right of way to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: (1) Underground electric facilities, and appurtenances for the transmission and distribution of electricity, (2) Underground communication facilities, and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes across Grantor's land situated in the County of San Diego, State of California described as follows: The North Half of the Northwest Quarter of the Northwest Quarter of Section 25, Township 13- South7-Range 4 -West; San- Bernardino - Meridian: The easement in the aforesaid land shall be more particularly described as follows: The easement in the aforesaid property shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every facility installed, the approximate location being shown and delineated as "Utility Facilities" on the Exhibit "A ", attached hereto and made a part hereof. In order to provide adequate working space for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, deposit any materials, plant any trees and/or shrubs within eight (8) feet of the front of the door or hinged opening of any above ground facility installed within this easement. Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes. T:land: data: Rc ddick:441066 -01 O.dm 9714 Grantor will exercise only such reserved rights in said land as will not interfere with or prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the rights hereby granted. Grantee shall have the right to assign any or all rights granted in this easement in whole or in part to other companies providing utility or communication services. Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and to keep said easement free from and to prevent any person, including Grantor and successors and assigns, from erecting, placing, or storing on said easement any flammable or other hazards and any structures, objects, or earth fills /cuts or other obstructions. The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. Dated 11 111-10i M & M DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By: ' Name: C- EO FFr? 0 y 0, MV} VU 1 Name: Title: Prepared by: Reddick Checked: Date: I I / I /2004 'rdand:dau:Reddick:4410660 1 OAm 2 8715 STATE OF COUNTY OF Swi% %%etio SS. On VU4%e Ssr 1')-. aa*`% before me Reb.ri h• V4-A PA Iy MI" (name, title of officer), appeared tnG0VV'm , Los. jkwy,S o personally known to me K proved to me on the basis of satisfactory evidence to be the personN whose name(.V f'AAe subscribed to the within instrument and acknowledged to me that"A'eAMy executed the same in(Qbk /thAT authorized capacity(i4), and that by(�li ftcr /their signature($ on the instrument the personN, or the entity upon behalf of which the person(V) acted, executed the instrument. WITNESS my hand and official seal. ), N...A4 '1':Iand:data: acddlck:441066 -0I OAm 07 NORTH NEW CABLE POLE MANCHESTER AVENUE HP202S67 N V,, NW Y. NW Y. SEC 25, T13S, R4W, SBM M &M DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DOC. NO. 1998-0284894 REC. 5114/1998 CONST. NO.: 2825440: PROJECT NO.: 441066 -010 NEW 3,716 HANDHOLE: I OHI23452 - NEW TRANSFORMER �� BD169076 oc -ELECT "UTILITY FACILITIES" THOS. BROS.: PROJECT NAME % LOCATION DRANK BY: BREDDICK OK TO INSTALL: WANING NO: ENCINITAS COUNTRY DAY SCHOOL 20CCONVERSION- MANCHESTER - ENCINITAS - nATE: 11/01/04 R/N OK: �''E' "°"E JOB TYPE:OH i DG- ELECT' COORDINATES RERRENE�: ENHISIT "'A" r ' /t L DOC # f 2f'0I04I -11` 23103010 `I6 Recording Requested By And I IIIIIIII III VIII VIII VIII VIII Illfl (IIII (IIII VIII (IIII VIII IIII (III When Recorded Mail To: ) DEC 30, 2004 11:38 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER50FFICE GREGORYJ. SMITH, COUNTY RECORDER FEES: 7300 City Clerk ) �.� PAGES 23 City of Encinitas 1 J 11�1111111 gill di1111110111 Hill Hill III Hill Y11111111 Hill oil SOS S. Avenue Encinitas, CA 92024 ) 2004 - 1230300 SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: MAJOR USE PERMIT, DESIGN REVIEW AND COASTAL DEVELOPMENT PERMIT Assessor's Parcel No. 262- 073 -24 Case No.: 98 -039 MUP/DR/CDP Building Permit No.: 04 -1830 through 041836 A. M & M Development, LLC., ( "OWNER" hereinafter) is the owner of real property which is commonly known as 3616 Manchester Avenue and which is described as follows: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST OF SECT ION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF B. In consideration of the approval of Permit No. 98 -039 MUP/DR/CDP and Building Permits 04 -1830 through 04 -1836 by the City of Encinitas ( "CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to comply with the terms and conditions of the permit as follows: SEE EXHIBIT "A Resolution No. PC 1998 -91. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER'S duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. CD/ tmV L- \Covenant\99- 039MUPDRCDP.cov - I - 17616 E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon OWNER'S satisfaction of OWNER'S duties and obligations contained herein, OWNER may request and CITY shall execute a Satisfaction of Covenant. H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: OWNER: Dated -i�� / by X p,4 M & M Devopment, Geoffrey O. Mavis (Notarization of OWNER'S signature is attached.) CITY OF ENCINffAS: Dated by — I - (�� C_ Ci Af _ZW IIII dman (Notarization not required) City Planner CD/ tpVg : \Covenant\99 -039MUPDRCDP.cov -2- 17617 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califcmia ss. County of S., oxt5. — On Q¢c tw,�2� \1 240N before me, t.n�lrr� ?%- O'CAA I wav "l Dan r19.� 9991id Dow N0.'�9 m.1dr 9dtn personalty appeared (-Cjkx.,( 0, yw.+'s ROBFk1 M. NEILL Commisslon • 1296654 Notary Public - calfomla ' Son Dlego County My Grrm.I]�ies Ma M.2 5 O personalty known to me % proved to me on the basis of satisfactory evidence to be the person(k) whose narri is subscribed to the within instrument and acknowledged to me th�lyptth)V executed the same in �T RhRir authorized capacity(i&), and that by G)&Rliplr signatureN) on the instrument the person(N, or the entity upon behalf of which the person( )1, acted, executed the instrument. NTNES my hand and official seal. n't —. so.l..d rtrswns OP77ONAL Though ft oloem ow, below is not reeafred by few. x my Omve vefuaue to peams mWig on die dxvarrent am arid prev" hauduteni rermval and roaharlanent of this form to anofher document Description of Attached Document Title or Type of Docu.1. Gyet % '.4 WS rj%!' Re,1 N r°('y i"gr.T Ult PP jn:1r ].1+% tJ..y (0 1 •.r (pv.,j �v�w Document Date: 11 113I41, Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Iw W u.m xle ❑ Corporate Officer — Tide(s): ❑ Partner — O Limited ❑ General ❑ Attfxney -in -Fact ❑ Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: 0101NaMd Miry� CSSeh SY .Po 00.Y(0 Ap ft. SW! Rebr.(il ldi�liAaleA$) 17618 RESOLUTION NO. 98-91 EXHIBIT "A" • RESOLUTION OF THE CITY OF ENCINITAS CITY COUNCIL APPROVING A MAJOR USE PERMIT, • DESIGN REVIEW PERMIT, AND A COASTAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION AND OPERATION OF A 42,144 SQUARE FOOT PRIVATE ELEMENTARY SCHOOL FOR A MAXIMUM OF 432 STUDENTS FOR PROPERTY LOCATED AT 3616 MANCHESTER AVENUE (Case No. 98 -039 MUP/DR/CDP; APN: 262 - 073 -24) WHEREAS, a request for consideration of a Major Use Permit, a Design Review permit, and.a Coastal Development Permit was filed by Kathleen Porterfield / Encinitas Country Day School to allow for the construction and operation of a 42,144 square foot Private Elementary School for a maximum of 432 students in accordance with Chapters 30.74, 23.08, and 30.80 of the Encinitas Municipal Code, for property located in the Rural Residential (RR) Zoning District, and legally described as: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP l3 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE; and WHEREAS, the Planning Commission conducted a noticed public hearing on the application on September 24, 1998; at which time all those desiring to be heard were heard; and WHEREAS, Appeals of the Planning Commission determination to approve the application request were filed by the San Elijo Lagoon Conservancy and by Janie Shankles and Tinker Mills; and WHEREAS, the City Council conducted an Administrative Hearing on November 19, 1998 to receive oral presentations related to the Appeals; WHEREAS, the City Council considered, without limitation: The November 19, 1998 agenda report to the City Council with exhibits; 2. The General Plan, Local Coastal Program, Municipal Code, and associated Land Use Maps; 3. Oral evidence submitted at the Administrative Hearing; 4. Written evidence submitted for the Administrative Hearing; cdlcrdf98039a2(I I- 19 -98) Book/ �� pop 3 53 176-- 9 5. Project plans consisting of seven sheets dated received by the City of Encinitas on May 1, 1998, including: (1) Site Plan; (2) Floor Plans; (3) Floor Plans / Elevations; (4) Elevations; (5) Typical Elevations; (6) Conceptual Landscape Plan; and (7) Conceptual Grading Study (dated received August 13, 1998). Also included in the application submittal and reviewed by the Commission were two sheets of colored elevation drawings and a mounted color and exterior materials board; and WHEREAS, the City Council made the following findings pursuant to Chapters 30.74, 23.08, and 30.80 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas hereby approves application 98 -039 MUP/DR/CDP subject to the following conditions: (SEE ATTACHMENT `B ") BE IT FURTHER RESOLVED that the City Council, in its independent judgment, finds that this project will not have a significant adverse effect on the environment and adopts a Mitigated Negative Declaration pursuant to California Environmental Quality Act (CEQA) Guidelines. c&owfH.98039=10 1-19 -98) Owk! f't pwo 3511 17620 PASSED AND ADOPTED this 19th day of November 1998, by the following vote, to wit: AYES: DuV ivier, Bond, Davis, Aspell, Cameron NAYS: None ABSENT: None ABSTAIN: None au Aspell, Mayor ity of Encinitas ATTEST: f Deborah Cmone, City Clerk NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. cdtcrW(.98039cc2(I I- 19 -98) la-pap 35-5- Book 1 � 17522 ATTACHMENT "A" Resolution No. 98 -91 Case No. 98 -039 MUP/DR/CDP FINDINGS FOR A USE PERMIT STANDARD In accordance with Section 30.74.070 of the Municipal Code, a use permit application shall be approved unless findings of fact are made, based upon the information presented in the application or during the hearing, which support one or more of the following conclusions: The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities. services and utilities to serve the proposed project; b. The unsuitability of the site for the type and intensity of use or development which is proposed; and C. The harmful effect, if any, upon environmental quality and natural resources of the city; Facts: The application is a request for Major Use Permit approval to allow for the construction and operation of a 42,144 square foot Private Elementary School for a maximum of 432 students on a 16 acre portion of a 20 acre parcel of land located within the Rural Residential (RR) Zoning District. Discussion: All required public facilities and utilities are available to, or can be extended to, the site in conjunction with the development of the property. All roadway improvements, water and sewer service can be provided to the proposed development. No evidence has been submitted to indicate that the Private Elementary School operation would cause any adverse effects or would be detrimental to any adjacent uses, residences, or other neighborhood resources. The intended use of the property is compatible with adjacent uses in the neighborhood such as the Mira Costa Community College, the Greek Orthodox Church, and Presbyterian Church uses on Manchester Avenue and El Camino Real. Drainage facilities are incorporated into the project's design to ensure that lagoon water quality will not be impacted by the proposed project. In the hardscape areas, oil /water /sediment separators will be constructed to ensure that urban pollutants during "first - flush" storm runoffs are trapped. In landscaped and lawn areas, french drains will be installed to collect and recycle runoff, or to provide for percolation through the unpaved ground surface. Little to no runoff would discharge to the lagoon. The City's Environmental Consultant for the project is recommending the adoption of a Mitigated Negative Declaration for the application request. The mitigation measures included in the cd/crolf. 98039cc2(I I - 19 -98) 17623 FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application for a design review permit must be granted unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following regulatory conclusions: a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of the Municipal Code. Facts: The application is a request for Major Use Permit approval to allow for the construction and operation of a 42,144 square foot Private Elementary School for a maximum of 432 students on a 16 acre portion of a 20 acre parcel of land located within the Rural Residential (RR) Zoning District. The Rural Residential Zoning District allows for the Private School use with an approved Major Use Permit. Approximately 16 acres of the 20 acre property is proposed to be developed with the Private School facilities and associated parking and landscaping improvements. Discussion: No evidence has been submitted to indicate that the use would adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code and, with the issuance of the Major Use Permit, the use complies with all other regulations, conditions or policies imposed by the Municipal Code. The intended use of the property is compatible with adjacent uses in the neighborhood such as the Mira Costa Community College, the Greek Orthodox Church, and Presbyterian Church uses on Manchester Avenue and El Camino Real. Conclusion: Therefore, the City Council finds that the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code. b. The project design is substantially inconsistent with the Design Review Guidelines. Facts: The City's Design Review Guidelines relate to Site Design, Building Design, Landscape Design, Sign Design and Privacy and Security. The project proposes to construct a Private Elementary School and associated landscaping and parking improvements. Discussion All aspects of Site Design, Landscape Design and Privacy and Security will be compatible with the design elements and architectural style of the proposed Private Elementary School structures, landscaping and parking area improvements on the site. The single story building designs utilize light tan stucco- coated exterior walls accented with split -faced block at the wall bottoms. Windows and sliding glass doors are used on most of the south facing classrooms to take advantage of views towards the lagoon. Window frames and doors are proposed to be painted a burgundy color. Roof heights generally do not exceed 17 feet with accent walls extending to approximately 22 feet. A flagpole on the administration building and classroom buildings are proposed to reach 30 feet in height from the building pad. Individual classrooms are also provided with flagpoles to identify cdlcm/f.98039cc211- 1998) book if JJ O\ rw 0 359 I . 17624 each of the buildings for the students. Light green and gray slate designed, integral color, concrete roofing material is utilized through -out the proposed campus. Roof facia is called out as wood - lapped or metal material, gray in color. Building coverage is limited to approximately 8% of the site; with other areas devoted to landscaping, playgrounds, recreational uses, and parking facilities. Conclusiom The proposed design of the Private Elementary School facility will be consistent and compatible with other structures and uses in the neighborhood. Therefore, the City Council finds that the project design is consistent with the intent of the Design Review Guidelines. C. The project would adversely affect the health, safety, or general welfare of the community. Facts: The project design is consistent with the Municipal Code standards and development requirements for the Rural Residential Zoning District as reviewed under the Major Use Permit request. Discussion: No evidence has been submitted to indicate that the project design would adversely affect the health, safety, or general welfare of the community. An Environmental Initial Assessment (EIA) has been prepared by the City's Environmental Consultant for the project, Dudek & Associates. The City's Environmental Consultant for the project is recommending adoption of a Mitigated Negative Declaration for the application request. The Mitigation Monitoring and Reporting Program requires the applicant to contact the U.S. Army Corps of Engineers (ACOE), the California Department of Fish & Game (CDF &G), and the California Regional Water Quality Control Board (CRWQCB) to determine if any impacts to wetlands vegetation would require permitting. However, it is anticipated by the EIA biology survey report that the current design with the 100 -foot buffer from the Lux Canyon Drainage channel and from the marsh area located near the southeast comer of the property will avoid any impacts to wetlands vegetation; except for 0.1 acre of southern willow scrub habitat. The mitigation measures included in the Mitigation Monitoring and Reporting Program will reduce environmental impacts related to traffic congestion and safety, sensitive vegetation, and cultural resources to a level below significance. Conclusion: Therefore, the City Council finds that the project design will not adversely affect the health, safety or general welfare of the City or the Olivenhain Community. d. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The applicant requests approval of a Major Use Permit, a Design Review Permit, and a Coastal Development Permit for the construction of a 42,144 square foot Private Elementary School for a maximum of 432 students. Consistent with Municipal Code Chapter 30.09 (Zoning Use Matrix), Private Schools are an allowed use within the Rural Residential Zoning District with the approval of the above listed permits. cd/uulf.98039cc1fI1- 19.98) Book • /� P.w1 359 17625 Discussion: The project design is compatible with the style and building materials of existing structures on neighboring property and with the Mira Costa Community College, the Greek Orthodox Church, and Presbyterian Church uses on Manchester Avenue and El Camino Real. No evidence has been submitted to indicate that the project would materially depreciate the appearance or value of the neighborhood. Conclusion Therefore, the City Council finds that the project will not adversely depreciate the appearance or value of the immediate neighborhood or the Ohvenhain Community. e. Municipal Code Section 30.16.010.7.d allows metures to exceed the 26 -foot standard height envelope if it can be found that the portion of the structure outside the standard envelope maintains some of the significant views enjoyed by residents of nearby properties and that the building is compatible in bulk and mass with buildings on neighboring properties. Facts: Roof heights within the project generally do not exceed 17 feet with accent walls extending to approximately 22 to 27 feet. A flagpole on the administration building is proposed to reach 30 feet in height from the building pad. Individual classrooms are also provided with flagpoles to identify each of the buildings for the students with flagpoles proposed to extend no more than 30 feet in height from the proposed building pad elevations. Discussion: The majority of the buildings within the project do not exceed the 26 -foot standard height envelopes except for the proposed flagpoles. Therefore, significant views through the project site from adjacent properties will not be impacted. The bulk and mass of the project design is compatible with the style and building materials of existing structures on neighboring property and with the Mira Costa Community College, the Greek Orthodox Church, and Presbyterian Church uses on Manchester Avenue and El Camino Real. No evidence has been submitted to indicate that the project would materially depreciate the appearance or value of the neighborhood. Conclusion: Therefore, the City Council finds that the portion of the structures outside the standard height envelope maintains some of the significant views enjoyed by residents of nearby properties and that the buildings are compatible in bulk and mass with buildings on neighboring properties. cd/adF.98039cc2(11- 19 -98) / D Book 1 � 1_ 17626 FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: The project is consistent with the certified Local Coastal Program of the City of Encinitas; and 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment; and 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Facts: The project complies with the development standards for the Rural Residential (RR) Zoning District and applicable General Plan Policies related to development of property located in the RR Zone. The design of the structures and proposed building materials are compatible with the existing institutional structures located within the surrounding area. An Environmental Initial Assessment (EIA) has been prepared by the City's Environmental Consultant for the project, Dudek & Associates. The City's Environmental Consultant for the project is recommending adoption of a Mitigated Negative Declaration for the application request. The property is not located between the sea or other body of water and the nearest public road in that a similar shaped, 20 acre property to the south separates the subject property from the San Elijo Lagoon. Grading to accommodate improvements to Manchester Avenue along the developed portion of the property will impact an area of 0.10 acre of southern willow scrub, a wetlands habitat. Discussion: The project conforms with the City's certified Local Coastal Program in that it conforms to General Plan policies and Municipal Code Development Standards and environmental impacts associated with the project's implementation can be mitigated to a level below significance with adherence to the Mitigation Monitoring and Reporting Program established by the Environmental Initial Assessment prepared for the application request. Consistent with General Plan Resource Management Element Policy 10.6, the impact to 0.10 acre of wetlands habitat is due to an "incidental public service project" to construct improvements for Manchester Avenue. No net loss of wetlands will occur since the environmental mitigations require replacement of the disturbed habitat at a 3:1 ratio. A cNcmlf:98039cc2(1 I- 19.96) 80,,E 17627 100 -foot buffer has been included in the project's design adjacent to the on -site alkali marsh habitat in the southeast comer of the property in conformance with Policy 10.6. Conclusion: Therefore, the City Council finds the project to be consistent with the City's certified Local Coastal Program. cd/crolf98039cc2111.19.98) Z Book f ►� 0 ATTACHMENT "B" 17628 Resolution No. 98 -91 Project No.: 98 -039 MUP/DR/CDP Applicant: Kathleen Porterfield / Encinitas Country Day School Location: 3616 Manchester Avenue SCI SPECIFIC CONDITIONS SC2 This approval will expire on November 19, 2000 at 5:00 pm, two years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. SC5 This project is conditionally approved as set forth on the application and project plans dated received by the City on May 1, 1998, consisting of seven sheets, including: (1) Site Plan; . (2) Floor Plans; (3) Floor Plans / Elevations; (4) Elevations; (5) Typical Elevations; (6) Conceptual Landscape Plan; and (7) Conceptual Grading Study (dated received by the City on August 13, 1998). Also included in the application submittal and approved by the City Council were two sheets of colored elevation drawings and a mounted color and exterior materials board. These items shall not be altered without express authorization by the Community Development Department. SCA The location of the Caretaker's Housing Unit shall conform to the Front Yard Setback requirement of 30 feet from the property line fronting the ultimate right -of -way of Manchester Avenue. No structure, or element attached to the stnrcture, shall exceed 30 feet in height when measured from the approved building pad elevations. Roofing material shall conform to the approved materials board sample. SCB All structures shall be provided with Class "A" roofing material to the satisfaction of the City Fire Marshal. Access for emergency vehicles shall be provided to within 150 feet of the farthest point of the farthest structure within the project. SCC The property owner /developer shall dedicate 35 feet along the property's frontage to Manchester Avenue based upon a centerline to right -of -way width of 35 feet in conformance with City of Encinitas Road Standards. 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 the issuance of a building permit within the project area. The improvements shall be constructed and accepted for maintenance by the City Council prior to the occupancy of any building within the project. The improvements are: Install Portland Cement Concrete curb and gutter, with the face of curb 25 feet from the centerline along the frontage of the development along Manchester Avenue; and AC pavement to complete the 25 foot wide pavement area. Overlay existing pavement to the centerline. cd/cmd.98039cc101 19 -98) 8,k f %a. vw. 0 343 17629 SCD The Mitigation Monitoring and Reporting Program (MMRP) established by the Environmental Initial Assessment for this project shall be implemented during the planning and construction of the Private Elementary School facilities. The following mitigation measures and the monitoring of the measures by appropriate City departments during the project's implementation and operation are required to reduce environmental impacts to a level below significance. To reduce the potential traffic congestion and safety hazards associated with design features of the project, the following mitigation measures shall be incorporated into the project: I. Provide a 250 -foot long (with a 120 -foot bay taper) westbound left -tum lane approaching the site. 2. Provide a 40 -foot wide project driveway (18 -foot wide inbound lane and two l 1- foot wide outbound lanes) at least 150 feet into the site. 3. Provide a minimum of 50 feet of outbound stacking distance at the project driveway between Manchester Avenue and any on -site access roadway or drop-off area. 4. Provide a curb return radius of 30 feet. 5. Place the project driveway as far west as possible, but a minimum of 400 feet from the El Camino Real/Manchester Avenue intersection. 6. Ensure that regular school start times are no earlier than 8:30 AM and end times are no later than 4:00 PM. 7. Maintain a minimum difference of thirty minutes between the preschool and grade school start times. Also provide a minimum difference of thirty minutes between the two end times. 8. Provide an on -site parking supply which meets the City code. 9. The traffic analysis shows that delays for outbound left - tuming traffic increases to LOS D with Phase IV traffic. LOS D would be acceptable. However, since area traffic conditions could change, the Manchester Avenue /project driveway intersection, area wide intersections, and area wide roadway segments shall be reviewed through additional traffic analysis reports concurrent with each phase of the project. These reports shall determine whether a traffic signal, other traffic control measures, or the construction of additional traffic improvements (or securing the project's "fair share' payment towards the construction of future improvements) should be required of the applicant prior to the issuance of building permits for Phase 11, Phase Ill, and Phase IV to the satisfaction of the City Engineer. 10. Allow an annual City review of the on -site circulation to ensure project operations do not impact Manchester Avenue. cdladf 98039cc201 19 -98) 31/y Book • Pp s_ •�7s3n IL . Dedicate right -of -way on the south side of Manchester Avenue to Local Augment Standards along the project frontage. 12. A 150 -foot long eastbound right -turn lane or a 20 -foot wide curb lane shall be provided approaching the project driveway. 13. Ensure that any driveway median landscaping or signing does not restrict comer sight distance. 14. The location of the entrance gates must be set back from Manchester Avenue such that a vehicle that is waiting to unlock the gate will not impact traffic flow on Manchester Avenue. 15. No acceleration lane is to be constructed directly east of the subject driveway 16. The site plan does not show the striping on the site at the entrance. Prior to grading permit issuance, a striping plan shall be submitted to, and approved by, the City Engineer to reduce the potential for any circulation impacts at the driveway entrance. 17. A striping and signing plan is required prior to grading permit issuance for Manchester Avenue adjacent to the project. 18. The City Traffic Engineer shall ensure that the comer sight distance standard at the project driveway is met along Manchester Avenue. To reduce the environmental effects associated with removal of 2.8 acres of coastal sage scrub habitat and effects on the California gnatcatcher to a level below significance, the following mitigation measures shall be incorporated into the project: 19. Impacts to coastal sage scrub shall be mitigated at a ratio of 2:1. Thus, a total of 5.6 acres of mitigation is required for the impacts. Due to the lack of availability of coastal sage scrub for mitigation on- site, the 5.6 acres of required mitigation shall be in the form of offsite purchase. The offsite purchase shall be of a comparable or higher quality habitat and shall be dedicated as open space. A suitable offsite mitigation location is the Manchester Avenue/Tchang Mitigation Bank- Acquisition of the offsite mitigation parcel shall occur prior to issuance of a grading permit for the project. In addition, a Habitat Loss Permit (HLP), in accordance with the 4 (d) rule for the California gnatcatcher, shall be obtained prior to impacts to the coastal sage scrub habitat. 20. Construction shall be phased to avoid activities during the gnatcatcher breeding season (15 February through 15 August) that exceed noise levels of 60 dBA at identified localities of gnatcatchers. If habitat removal is unavoidable during the breeding season, it should only be permitted if the limits of grading or habitat removal are greater than 200 feet from nesting gnatcatchers, or if an on -site biological monitor documents that this activity would cause "no harm" to this species and is submitted to and approved by USFWS. cdlcrorf.98039cC2(11- 19 -98) _ _ 3LS 60•k • py • • 17631 To reduce the environmental effects associated with the removal of 0.1 acre of southern willow scrub to a level below significance, the following mitigation measure shall be incorporated into the project: 21. Removal of wetland vegetation is considered an impact to the habitat, and would require permits from the California Department of Fish and Game (CDFG), as well as notification to the U.S. Army Corps of Engineers (ACOE) and the Regional Water Quality Control Board (RWQCB). Because the habitat is southern willow scrub, and to ensure there is no net loss of wetlands, a 3:1 mitigation ratio will be required for the impacts to the wetland/waters, thus requiring 0.3 acre of mitigation. Mitigation for impacts to wetlands must be in the form of creation of new wetland habitat. Opporttmities are present for wetland creation west of the site development area, in the Lux Canyon Creek area. The area is shown as "Not a Part' on the proposed project plans. Prior to issuance of a grading permit, documentation shall be submitted to the City of Encinitas demonstrating that appropriate permits have been obtained from the resource agencies, including identification of the wetland mitigation site and approved revegetation and monitoring plans. To reduce the environmental effects associated with the possibility of discovering additional cultural resources, the following monitoring measure shall be implemented: 22. An archaeologist shall monitor initial brushing, grubbing, grading, and demolition of the cement features. If an archaeological deposit is exposed during monitoring, the archaeological monitor shall have the authority to halt earth - disturbing activities at the deposit and divert such activities until the deposit can be evaluated for significance pursuant to CEQA and guidelines of the City of Encinitas. This monitoring program will ensure the Encinitas County Day School project does not have a significant adverse effect on archaeological or historical resources. SCE Drainage facilities are incorporated into the project's design to ensure that lagoon water quality will not be impacted by the project. In the hardscape areas, oil /water /sediment separators shall be constructed to ensure that urban pollutants during "first- flush" storm runoffs are trapped. In landscaped and lawn areas, french drains shall be installed to collect and recycle runoff, or to provide for percolation through the unpaved ground surface. SCF The lighting of any outdoor recreational facilities is prohibited in accordance with Municipal Code Section 30.40- 010.H. SCG Concurrent with project grading, the applicant shall grade the knoll on the north side of Manchester Avenue, east of the subject property, to improve line -of -sight conditions to the satisfaction of the City Engineer. cd/Wf.99039cc2(11- 19 -99) Books 17632 GI STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G3 A portion of this project is located within the Coastal Appeal Zone and may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City of Encinitas Municipal Code. An appeal of the City Council's decision must be filed with the Coastal Commission within 10 days following the Coastal Commission's receipt of the Notice of Final Action. Applicants will be notified by the Coastal Commission as to the date the Commission's appeal period will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Community Development Director. G5 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G8 A Mitigation Monitoring and Reporting Program (MMRP) as set forth in the Environmental Initial Assessment herein referenced, shall be established and funded by the developer or property owner. The amount of funds necessary to implement the MMRP will be determined by the Community Development and Engineering Services Departments prior to issuance of any permits for the project. Building Permits for each phase of development shall require additional traffic analysis to assure acceptable Levels of Service (LOS) for area intersections and roadway segments. G9 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of the building(s), and shall be provided with view - obstructing, solid metal gates as approved by the authorized agency. Adequate space for recyclable materials shall be provided within the enclosure in accordance with Municipal Code requirements. G11 All roof - mounted equipment and appurtenances, including air conditioners, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Community Development Department. Ground - mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Community Development Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Community Development Department. G13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees. Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and cdlcNf99039cc2n 1- 19 -98) 7 17633 Fire Mitigation/CostRecovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development and Engineering Services Departments. The applicant is advised to contact the Community Development Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/CostRecovery Fees, and the applicable Utility Deparvnentsor Districts regarding Water and/or Sewer Fees. G15 Parking lot lights shall have a maximum height of eighteen (18) feet from the finished grade of the parking surface. All light sources within the project shall be shielded and/or directed away from all property lines, adjacent streets and residences. L2 All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). U2 In the event that any of the conditions of this permit are not satisfied, the Community Development Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City of Encinitas should revoke this permit. U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. HW1 Approval of the 4(d) permit in conjunction with this application does not constitute authorization for the take of habitat at this time. The City has a "first -come, first - served' policy for interim taking of habitat lands through the 4(d) permitting process, such that the take will be authorized only at such time that a grading plan is submitted and approved by the City as being within the cumulative 5% take limitation for habitat lands. HW6 This project has been identified as having a potential impact on fish and/or wildlife; therefore, pursuant to Section 711.4 of the State Fish and Game Code, the applicant must submit to the City of Encinitas a negotiable check in the amount of $1,275.00 if this project includes a Negative Declaration, or a check in the amount of $875.00 if this project includes an Environmental Impact Report. The purpose of the above State established fee is to defrav the cost of managing and protecting fish and wildlife resources which may be impacted by the development. The check, made payable to the County Clerk of San Diego County, must be submitted prior to the end of the 4th day following the City's action. Failure to submit a negotiable check will cause the project approval to become null and void since the Notice of Determination can not be filed without payment of this fee or authorized notice of exemption as provided in Section 711.4. NO BUILDING PERMITS OR OTHER ENTITLEMENTS WILL BE PROCESSED UNTIL THIS CONDITION IS SATISFIED. cdtcro/%99039cc2(II- 19.96) Book• /1 o.e.• ._� &U 17634 MT4 The developer shall dedicate the on -site master planned recreation trails. Said recreational trails shall be improved to the standards contained in the "Interim Recreation Trail Standards' adopted by the City June 13, 1990, along with any and all subsequent amendments thereto approved by the City, to the satisfaction of the Directors of Community Development, Community Services, and Engineering Services. BI BUILDING CONDITION: CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: B2 The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a SoiWGeotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan, section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). Commercial and multi - residential construction must also contain details and notes to show compliance with State disabled accessibility mandates. These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. FI FIRECONDITIONS- CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence shall not be less than 16 feet of paved width. F8 COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials on the project site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide a permanent all- weather surface for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire Department. F9 POSTING OF ROADWAYS: Emergency access roadways when required shall be properly identified as per Fire Department standards using signage where practical in lieu of painted red curbs. cd/uo/f:98039tt2(I f 19 -98) POok a 9 _ —paps 341? 17635 F 10 OBSTRUCTIONS (ACCESS ROADWAYS): All traffic lanes shall be a minimum of 24 feet in width during construction and shall be maintained clear and free of obstructions during construction in accordance with the Uniform Fire Code. I'll 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. 1`12 FUEL MODIFICATION ZONES: The applicant shall provide and maintain fire/faci breaks to the satisfaction of the Encinitas Fire Department. 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 structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic fire sprinkler system installed to the satisfaction of the Fire Department. El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23:24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. 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. cNadt93079cc2111- 19 -98) 4116, 1 t1.o. 0 3 70 1x'630 EG7 All newly created slopes within this project shall be no steeper than 2: 1. EG8 A soils /geological/hydraulicreport (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. Such report shall be submitted and approved prior to building permit issuance. EG 10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October Ist of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. ED2 The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the Engineering Services Director. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the Engineering Services Director prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the Engineering Services Director. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the Engineering Services Director and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the Engineering Services Director. ED4 The proposed project falls within areas indicated as subject to flooding under the National Flood Insurance Program and is subject to the provisions of that program and City Ordinance. ED5 The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted. ES3 The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. cd/crdr98039cc1(11 -19 -98) Beets • Pw • . 17537 ES7 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the undergroundingof utility facility improvements. ES8 The design of all private streets and drainage systems shall be approved by the Engineering Services Director prior to issuance of any grading or building permit 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. EU5 The developer shall be responsible for the relocation and undergroundingof existing public utilities, as required. cd/cro/f:99039cc201- 19.98) GRANT OF EASEMENT FOR WATER LINE Wt,-42,1- AD nAY rANS� The undersigned. DEVELOPMENT LLC A CA I heelMkr designated GRANTOR, for a valuable consideration, hereby grants to the SAN DIEGUITO WATER DISIWCT, an irrigation district organized and existing under and by virtue of the laws of the State of California as GRANTEE, receipt whereof is hereby acknowledged, does hereby grant unto said San Dicguito Water District, its successors and assigns, an exclusive and permanent caxmrnt of rghl of way in, upon, over and across the lands hereinafter or liras, described, n&I] for the purpose of locating, relocating, concocting, reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in connection therewith, for the transmission and distribution of water and all uses and purposes incidental thereto, together with the right of ingress thereto and egress therefrom, to and along said rightof- -way, together with the right to clear and keep clear said fight-of -way from buildings, structures, explosive, times, and other material or growths detrimental to the urn herein granted. The lands in which such easement of right -of -way is hereby granted arc situated in the County of San Diego, Suite of California, and particularly described u follows, to wit: The route of said easement of right -uf- -way across the aforesaid lands shall be as follows: SEE EmnRiTS °A" & "B" It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right-of-way hereby granted, for agricultural uses except for the planting and growing of tress: end the right to cross or make use of the surface in a manner tat detrimental to the installation, construction, operation, inspection, repair, maintenance and replacement of a pipe line or pipe lines, or to any other purposes and uses a, arc or may be necessary or incidental to the construction, maintenance end operation of the Grantee's proposed pipe line or pipe lines. And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant trees or construct or cause to the be constructed and maintained any buildings or structures of any nature or kind within ten feet of said pipe line; or store or permit to be stored a use upon said rightof -way any blasting supplies or explosives commonly used for basting Purposes. And the Grantee hereby agrees that it will avoid unreasonable interference with the use by Grantor and his successors of said right-cif -way, and agrees not to fence the sane, and agrees that the Grantor may enjoy the surface use of the land herein described, subject to the conditions above stated; and agrees to permit the installation by the Grantor of water pipes reasonably required for Grantor's use on his said property over and across the right -or."y in a manner which will not interfere with the Onntcc's pipe lines and operation, provided, if the location is to be under Grantee's pipe line, it must be installed subject to Grantees supervision and approval, and the Grantee agrees, after the installation of its Pipc lino, io restore the surface grade above the pipe to as near the original elevation as practicable. Ali present installed utilities will be interfered with as little as possible and if interrupted will lbbe..promptly resomd to use at ducxpcnse of the Grantex. Executed this 5� / ' day of -A— /F a " . 2004. u a a'k, 0 J a 2801.doc(07- 10-95) t, DOC # 2005 - 0437529 5� l II {1111 IIII Illlf Illll Ilill IIIII Illff IIIII IIIIIIIII IIIII IIIII IIII IIII �`' MAY 24, 2005 3:19 PM RECORDING REQUESTED BY: n " OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE SAN DIEGUITO WATER DISTRICT 1 � GREGORY J. SMITH, COLINTY RECORDER FOR THE BENEFIT OF THE DISTRI FEES: 0.00 DC: NA WHEN RECORDED MAIL TO: PAGES: 5 �(IInN q y� Q pI pyp��g�p p H �p IIUIIIUIII�III�IIIIII111II�IIA�OIIIUIk11W11QINIItlIIItlIIUII SAN DIEGUITO WATER DISTRICT i O d9 1 505 S. VULCAN AVENUE a7 p4375z9 ENCINITAS, CA 92024 2005' GRANT OF EASEMENT FOR WATER LINE Wt,-42,1- AD nAY rANS� The undersigned. DEVELOPMENT LLC A CA I heelMkr designated GRANTOR, for a valuable consideration, hereby grants to the SAN DIEGUITO WATER DISIWCT, an irrigation district organized and existing under and by virtue of the laws of the State of California as GRANTEE, receipt whereof is hereby acknowledged, does hereby grant unto said San Dicguito Water District, its successors and assigns, an exclusive and permanent caxmrnt of rghl of way in, upon, over and across the lands hereinafter or liras, described, n&I] for the purpose of locating, relocating, concocting, reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in connection therewith, for the transmission and distribution of water and all uses and purposes incidental thereto, together with the right of ingress thereto and egress therefrom, to and along said rightof- -way, together with the right to clear and keep clear said fight-of -way from buildings, structures, explosive, times, and other material or growths detrimental to the urn herein granted. The lands in which such easement of right -of -way is hereby granted arc situated in the County of San Diego, Suite of California, and particularly described u follows, to wit: The route of said easement of right -uf- -way across the aforesaid lands shall be as follows: SEE EmnRiTS °A" & "B" It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right-of-way hereby granted, for agricultural uses except for the planting and growing of tress: end the right to cross or make use of the surface in a manner tat detrimental to the installation, construction, operation, inspection, repair, maintenance and replacement of a pipe line or pipe lines, or to any other purposes and uses a, arc or may be necessary or incidental to the construction, maintenance end operation of the Grantee's proposed pipe line or pipe lines. And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant trees or construct or cause to the be constructed and maintained any buildings or structures of any nature or kind within ten feet of said pipe line; or store or permit to be stored a use upon said rightof -way any blasting supplies or explosives commonly used for basting Purposes. And the Grantee hereby agrees that it will avoid unreasonable interference with the use by Grantor and his successors of said right-cif -way, and agrees not to fence the sane, and agrees that the Grantor may enjoy the surface use of the land herein described, subject to the conditions above stated; and agrees to permit the installation by the Grantor of water pipes reasonably required for Grantor's use on his said property over and across the right -or."y in a manner which will not interfere with the Onntcc's pipe lines and operation, provided, if the location is to be under Grantee's pipe line, it must be installed subject to Grantees supervision and approval, and the Grantee agrees, after the installation of its Pipc lino, io restore the surface grade above the pipe to as near the original elevation as practicable. Ali present installed utilities will be interfered with as little as possible and if interrupted will lbbe..promptly resomd to use at ducxpcnse of the Grantex. Executed this 5� / ' day of -A— /F a " . 2004. u a a'k, 0 J a 2801.doc(07- 10-95) S I State of CA L rF—o 2 N-) % tN County of 5hf` -) b>%-e Rn On 3115/0+ before me, ay xgyl t��.t DATO w^I I n.t Of WFK(A ... AVIE DO NOTAM FMIC'I personally appeared GcO1PF(tti d� May ) S Aran w VGH AtN1 ❑ personally known to me -OR- K m STEPHANlH NEtl.L � coM M. #1 1044 NOTAtir WBLIGCAi1FORNN BAN D¢-00 COINTY MComn EWbr 6FOlnON a. W" proved to me on the basis of satisfactory evidence to be the gerson(;Q whose d to he I subscribed to the Rhin instrument and �know[edged to me that �he7s'beAbey executed the me to e I h Jtbaif authorized c cityfii�J, and that b is WtbQi signature the instrumentt epersol -W or the entity upon behalf of which the person acted, executed Me instrument. Witness my hand and official seal. (SEAIi ��-V� ISIGNATURE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by taw and Is also optional. It could, however, prevent fraudulent attachment of INS certificate to any unauthorized document. ,^�,, THIS CERTIFICATE rm. v ryP. el twn,fne.n– +(Qh -I- OF E0.52VV1('_ k V%4 -PW f Y r' MUST BE ATTACHED U- TOTHEDOCUMENT 1Mneaof Ppes Dr e1Dooare.v DESCRIBED AT RIGHT: P'114 soneel.I Daher TIrI Nerrrd Atwy wxCOns row 81740 M. 444 Ipb Cr P TAI 4D 14i1 W COTTS FORKS, INC. ALL PInIaSE ACItAOrlmCA1DR "TH S"GA CAPACITY016RESTNTATION/Mq RNGFRpi01TS 18C50 AIGHT THUMBITUNT I0ptbn4 �g s R CAPACITY CLAIMED BY SIONERIS) ONDNbUAL(S) ❑CORPORATE OFFICFRISI r1nU4o OPARTNER(SI OLIMNED ❑GENERAL ❑ATTORNEY N FACT OTRUSTEEISI OOUAROIANICONSERVATOR OOTHER: SIONTR Is REPRESEN NO: M.. of N.M.) w F.IRy(b4) RIGHT THVIA H INT 100N 01 C T R CAPACITY CLAIMED BY SIGNERIS) ONDIVIDUAL(s) OCOFVOnATE OFFICER(S) mmm OPARTTERIS) OLIMR6D ❑GENERAL QA TTOW" OY FAR OTRUSTEEISI ODUARDIANCONSERV ATOR ❑OTHER SIGNER is REPRESENTNG: IN,— of Perm-(-] a E uyfie4) 7 IIII67775 6324l�ill a 18051 This is to certify that the interest in real property conveyed by the deed or grant dated 5/004 , from M & M DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY to the SAN DIEGUITO WATER DISTRICT• a govammental agency is hereby accepted and SAN DIEGUITO WATER DISTRICT consents to recordation thereof by its duly authorized offer. Dated G n % S -20 OX By �✓ �-- �' � JG,/ Manager 2E01.doc(07- 10.95) 18052 EXHIBIT "A" BEING A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST; THENCE SOUTH 01 000'40" WEST, 20.85 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 735.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 10 032'48" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 039'52 ", AN ARC DISTANCE OF 34.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 06 054'27" EAST, 127.62 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 212.50 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 83 °05'33" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 °19'15 ", AN ARC DISTANCE OF 12.32 FEET; THENCE SOUTH 03 035'12" EAST, 69.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 600.50 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 66 °24'98" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 °21'30 ", AN ARC DISTANCE OF 45.68 FEET; THENCE SOUTH 00 °46'18" WEST, 233.06 FEET; THENCE SOUTH 67 021'34" WEST, 27.24 FEET; THENCE NORTH 06 646'18" EAST, 243.88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 575.50 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 89 013'42" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 021'30 ", AN ARC DISTANCE OF 43.78 FEET; THENCE NORTH 03 935'12" EAST, 69.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 187.50 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 66 024'48" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 019'15 "; AN ARC DISTANCE OF 10.87 FEET; THENCE NORTH 06 054'27" WEST, 127.62 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 735.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 05 °56100" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 056'56 ", AN ARC DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING. } ROBERT B. SERVICE rwqmzs7 LS 9456 !Oc-Cccc&s.[!OC EXHIBIT 'B" 18053 T .4—T RLINEz1 CCESSEe4SEMEST P.O.C. N 8.9'17'06* W 1312.99' MANCHESTER AVENUE D =11' L =1 a4.47 .47 R= 735.00 — r --- -C3 �- 1 I Iz to �Icon NIa1 �Iv VIA A Nlni NI V 25' WATERLINE ACCESS EASEMENT DESCRIBED HEREON 1 I D= 3'19'15" } i L =10.87 + { R= 187.50 Izo to N 1/2 or THE NW 1 1zf o,lw ml" i r A {5 ZoIN Jr Trl� NW 1/ . 04, w -- N Jam, G5c NON 26, TOWNSHIP -13 s, 1¢ ► RANGE ^f W wt ROBERT B. 0 v SERVICE NO. LS 4456 * EXP. 9/30/01 0-4.21 30 L =43.76 I 1 R= 575.50 1 j I t CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 02 39 52" 735.00 1 34.18 C2 01'5656" 1735.00 1 25.00 C.i 0538'54" 1 735.QkL 85.29 I I I � I I � I D =3'19'15° L =12.32 R= 212.50 1'30" R= 600.50 I r �I �I C41 N1 to I 4i1 I 31 w , e . I ool to 1 0 ROBERT B. SERVIGE EXP. 9/30/01 of °ol � PROPOSED 25' WATERLINE of yl 2 EASEMENT TO SAN DIECUfTO 21 I kha Inc. IRRIG4770N DISTRICT I land olannim. civil engineering, surWn 5115 Avenida Encinas Suite L Corlsbod, California 92008 -4387 (760) 931 -8700 r I , i-r2 �3a RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT 1 FOR THE BENEFIT OF THE DISTRI WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT I J 50 1 5 S. VULCAN AVENUE ENCINITAS, CA 92014 DOC # 2006 - 0437630 l 111111 IIIIlIIII Illl! IIIII IIIII IIIII IIIII IIII IIII! Ilhl IIIII Ill X11 MAY 24, 2005 3:19 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE GRE GORY J- SMITH, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 5 10110"11,®215111 2005 - 0437530 GRANT OF EASEMENT FOR WATER LINE Q DOCUMENTARY TRANSFER TAX S The undersigned, M & M DEVELOPMENT, LLC. A CALIFORNIA LIMITED LIABILITY COMPANY, hereinafter designated GRANTOR for ■ valuable consideration, bacby grans to the SAN DIEGUITO WATER DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of California as GRAKfEE, receipt whereof is hereby acknowledged, does hereby gmnr unto said San Dieguiro Water District, its successors and assigns, an exclusive and permanent easement of right of way in, upon, over and across the lands hereinafter described, for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipes lines, and all fixtures and oppurtcnances incidental thereto for use in connection therewith, for the transmission and distribution of water and all uses and purposes incidental thereto, together with the right of ingress thereto and egress therefrom, to and along said right-of-way, together with the right to clear and keep clear said right-of-way from buildings, structures, explosive, trees, and other material or growths detrimental to the uses herein granted. The lands in which such easement of nghtof -way is hereby granted am situated in the Cowry of San Diego, State of California, and particularly described as follows, to wit: The route of said easement of right -of -way across the aforesaid lands shall be as follows: SEE EXHIBITS "A" & "B" It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right-of-way hereby granted, for agricultural uses except ror the planting and growing of trees; and the right to cross or nuke use of the surface in a manner not detrimental to the installation, construction, operation, inspection, repair, maintenance and replacement of a pipe line or pipe lines, or to any other purposes and uses as arc or may be necessary or incidental to the construction, maintenance and operation of the Grantee's proposed pipe line or pipe lines. And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant Ines or construct or cause to the be constructed and maintained any buildings or structures of any nature or kind within ten feet of said pipe line, or store or permit to be stored or use upon said right -of -way any blasting supplies or explosives commonly used for blasting purpoxs. And the Grantee hereby agrees that it will avoid umnsonablc interference with the use by Grantor and his successors of mid right -of -way, and agrees not to fence the same, and agrees that the Grantor may enjoy the surface use of the land herein described, subject to the conditions above stated; and agrees to permit the installation by the Grantor of water pipes reasonably required for Grantor's use on his aid property over aM across the right-of-way in a manner which will not interfere with the Granite's pipe lines and operations, provided, if the location is to be under Grantee's pipe line, it must be installed subject to Gramm's supervision and approval, and the Grantee agrees, after the installation of is pipe lines, to restore the surface grade above the pipe to as near the original elevation as practicable. All pmscnt installed utilities wilt be interfered with as little as possible and if interrupted will be promptly restored to use at the expense of the Grantee. Executed this -2-0 f day of .2004. O r/y C Eo FO y O. ��N� FANG- �(if�BE/t State of U1 tier OI•. County of Sre Dte,,o On hvvA stolao 4 before me, R*()O i M • Ne :f ►, uo4.rl P yit• 1DATD NAMErrinE or anc[s;. -� [-. E ooE personally appeared {rtettta; 0. 11A�s W AM [rsl or raGNeRnR C) personally known to me -OR- 9 ROBERT M- NEILL Commisslon f 1996654 Notary Public - CcMomiO W NOW County Aar CorTYrL etpafis AAV 24 � proved to me on the basis of satisfactory evidence to be the 8 rson(N whose name(�) to subscribed to the within instrument and acknowledged to me that QDshie /thlyy a cured he same in i her /t it authorized ca clty(i 1, and that by WhIer /th it signature(!f on the instrument the personN, or the entity upon behalf of which the person(34 acted, executed the instrument. Witness my hand and official seal. (BEAU k, ih (' [SIGNATURE OF NOTARY( ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also Optional. It Could, however, prevent fraudulent attachment of this certificate 10 any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Tltle or `ry" W DavnnR ", 6F £ u.. F, L 61 1-14 .Ihr Nu ,, of P.O.. D.t. OI Doc. nl Sbn.tl.l On.r Thin Named Abot YNLCOYT! FORM 83240 M. }N J.A. dam. 4 2AI G, rU. VrOLCOTTS FORMS. WC. ALL M ,"OW WONWr WITH 2"" CAPAC1TYAIIPBESENYATJON PING IRPRINTS 18055 RIGHT THUNBPRIFT tOPtior Q Y e CAPACITY CLAIMED BY SIONER(S) OINON(DUAL(Sr OCORPORATE OFFICERS)_ OPARTNER(SI OLIMITED OGENERAL OATTORNEY N FACT OTRUSTEE(S) OGUARD(AN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: N.m..I P..wnl.) R. EMNYD.H RIGHT THUMSPRINT [OPtbn.R 4 s A CA►ACMY CLAIMED BY SIGNERS) O WONIDUAL(S) OCORPORATE OLFICER(S) .muR ❑PARTNER(SI O LIFAITED OGEREML OATTORNEY N FACT OTRUSTEE(SI OGUARDIAPUCONSERVA TOR OOrHER: SIGNER IB REPRISENTWO: INUH. of Pwwol.l w Emily([..) 7 67775 IC6324 �I;IB 18C56 This is to certify that the interest in real property conveyed by the deed or grant dated t4ha )vy , from At & M DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY CON] PANY to the SAN DIECUITO WATER DISTRICT, a governmental agency is hercbyaccepted and SAN DIECUITO WATER DISTRICT consents to recordation thereof by its duly authorized offer. Dazed (fQn I S 20(• By JJ - 0 �1-- ,('IDistrict Manager 280[.doe(07.10 -93) 18C57 EXHIBIT "A" AN EASEMENT FOR WATER PIPELINES OVER, ACROSS, AND UNDER A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST BEING A PART OF RECORD OF SURVEY MAP NO. 14943, RECORDED AUGUST 3, 1995 IN THE OFFICE OF THE COUNTY RECORDER OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE SIDELINES OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST PER RECORD CORNER OF RECORD OF SURVEY MAP NO. 14943; THENCE NORTH 89 021'28" WEST, 291.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89 021'28" WEST, 63.25 FEET; THENCE NORTH 67 °21'34" EAST, 386.87 FEET; THENCE SOUTH 01 °00'40" WEST, 27.29 FEET; THENCE SOUTH 67 °21'34" WEST, 317.82 FEET TO THE TRUE POINT OF BEGINNING. SAID PIPELINE EASEMENT CONTAINS 0.20 ACRES MORE OR LESS. encinicaa. -cr PROPOSED WATERLINE EASEMENT EXHIBIT B 50' 25' 0 50' 100' 150' SCALE: I" = 50' A.P.N. 262-07J-24 N 1/2 OF THE NW 114 OF THE NW 114 OF SEC 25, T13S, R4 / N EXHIBIT "B" P.o.e. AREA — 8,809 SQ. FT. N89 :21'28 "W �T.P.0.8. 63.25' bNA„ Inc. land planning, civil engineering, surveying 5115 Avenida Encinas Suite L :arlsbad, California 92008 -4387 760) 931 -8700 N89Z'28 291.13' SE CORNER N 112 OF THE NW 114 OF THE NW 114 OF SEC 25, T13S, R4W PER R. 0. S. 14943 3 g� o� P^ o� �e�4ROBERT Q N I o N RVICE p LS 4458 * EXP. 9/30/01 T� OF C ALtiF��j 0 PH ROBERT B. SERVICE LS. 4456 W.O. 505 -0704 -600 9/13/2000 ENC_ESMT.DWG NJN GRANT OF WATER EASEMENTS M & M DEVELOPMENT LLC a California Limited Liability Company. (hereinafter "GRANTOR") hereby grants to the OLYVENEAIN MUNICIPAL WATER DISTRICT, a public agency (hereinafter "GRANTEE -), its successors, or assigns, the following exclusive easements, in gross, for a right -of -way in, upon, over, under and across the lands described below, and to erect, concoct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes. together with any other facilities, fixtures and appurtenances. including, but not limited to, facilities for power transmission and communication purposes, at such locations and elevations. upon, along, over and under the right-of-way described below as GRANTEE may now or hereafter determine in its sole discretion without any additional compensation therefor, together with the right of ingress and egress from the easements by a practical route or routes in, upon, over, or across the land described below, together with the right to use said easements for access to GRANTEE's rights of way situated in adjacent lands, without any additional compensation therefor. The land encompassing said easements is situated in the County of San Diego, State of California, and is more particularly described as follows, to wit: The North Half Of The Northwest Quarter Of The Northwest Quarter Of Section 25, Township 13 South, Range 4 West, San Bernardino Meridian, In The County Of San Diego, State Of California, According To The Official Plat Thereof. Said easements of right-of -way in the aforesaid lands are more particularly described as follows, to wit: See Exhibit 'A' (Legal Description) and Exhibit IB' (Plat) attached hereto and made a part hereof. GRANTOR, its heirs, successors, or assigns, shall not crect or construct or permit w be erected or concocted, any building, structure or improvement of any kind on, over or under any portion of the easements, nor shall GRANTOR, its heirs, successors. or assigns, plant any tree or trees or plant any other vegetation or flora, nor dig or drill any hole or wells on any portion of the casements. In the event GRANTOR or its heirs, successors, and assigns places. or permits to be placed, any encroachment on any portion of the casements, GRANTEE shall have the right to remove the encroachment after five (5) days written notice to GRANTOR, and GRA ^'TOR or its heirs, successors, and assigns agrees to pay all fees and costs, including staff and engineering costs and attormy's fees, incurred by GRANTEE in removing the encroachment. All feu and costs incurred by GRANTEE, including staff and engineering costs and attorney's fees, shall earn interest at the rates set by California law for interest on judgments. HAO01 bmwdwptS54001gmntotwa:er.dm HOC # 2006 - 0608892 RECORDING REQUESTED BY � 11111111 IN111111 fill fill 11111 fill 11111111111111111111111111 1111111 OLIVEN"N MUNICIPAL WATER DISTRICT & AUG 25.2W6 2:51 PM OFFICAL RECORDS M AND WHEN RECORDED AIL T0: V W' SAN DIEGO COWIry RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER �( FEES: 000 NAME OLiVENHAfN MUNICIPAL WATER i OC' Net DISTRICT 0 p'PAGES II$�IUIV�1dUIli �IB��dI ADDRESS 1966OLIVENHAINROAD �@�aI��11 1�f[�I CITY ENCINITAS 2006- 0608892 12383 — -- - . -- - - -- - -- . STATE CALIFORNIA 92024 -9761 This spate for Recorder's use _71P Title Order No. 48005087 NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No. - 262- 073 -24 , GRANT OF WATER EASEMENTS M & M DEVELOPMENT LLC a California Limited Liability Company. (hereinafter "GRANTOR") hereby grants to the OLYVENEAIN MUNICIPAL WATER DISTRICT, a public agency (hereinafter "GRANTEE -), its successors, or assigns, the following exclusive easements, in gross, for a right -of -way in, upon, over, under and across the lands described below, and to erect, concoct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes. together with any other facilities, fixtures and appurtenances. including, but not limited to, facilities for power transmission and communication purposes, at such locations and elevations. upon, along, over and under the right-of-way described below as GRANTEE may now or hereafter determine in its sole discretion without any additional compensation therefor, together with the right of ingress and egress from the easements by a practical route or routes in, upon, over, or across the land described below, together with the right to use said easements for access to GRANTEE's rights of way situated in adjacent lands, without any additional compensation therefor. The land encompassing said easements is situated in the County of San Diego, State of California, and is more particularly described as follows, to wit: The North Half Of The Northwest Quarter Of The Northwest Quarter Of Section 25, Township 13 South, Range 4 West, San Bernardino Meridian, In The County Of San Diego, State Of California, According To The Official Plat Thereof. Said easements of right-of -way in the aforesaid lands are more particularly described as follows, to wit: See Exhibit 'A' (Legal Description) and Exhibit IB' (Plat) attached hereto and made a part hereof. GRANTOR, its heirs, successors, or assigns, shall not crect or construct or permit w be erected or concocted, any building, structure or improvement of any kind on, over or under any portion of the easements, nor shall GRANTOR, its heirs, successors. or assigns, plant any tree or trees or plant any other vegetation or flora, nor dig or drill any hole or wells on any portion of the casements. In the event GRANTOR or its heirs, successors, and assigns places. or permits to be placed, any encroachment on any portion of the casements, GRANTEE shall have the right to remove the encroachment after five (5) days written notice to GRANTOR, and GRA ^'TOR or its heirs, successors, and assigns agrees to pay all fees and costs, including staff and engineering costs and attormy's fees, incurred by GRANTEE in removing the encroachment. All feu and costs incurred by GRANTEE, including staff and engineering costs and attorney's fees, shall earn interest at the rates set by California law for interest on judgments. HAO01 bmwdwptS54001gmntotwa:er.dm 12384 GRANTEE may, in its sole discretion, erect, maintain, or use gates in all fences which now cross or later cross any portion of the easements. GRANTEE shall also be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as GRANTEE determines in its sole discretion without any additional compensation. GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion of said easements with any other person or entity, including, but not limited to, any person or entity supplying services or facilities to the public as GRANTEE may determine in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, therefor. GRANTOR, its heirs, successors, or assigns, agrees that no other easement or easements shall be granted on, under, or over said easements without obtaining the prior written consent of GRANTEE. GRANTEE may at any time increase its use of the easements, change the location of pipelines or other facilities within the boundaries of the easements right -of -way, or modify the sin of existing pipelines or other improvements as it may determine in its sale discretion from time to time without paying any additional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, provided GRANTEE does not expand its use of the easements beyond the easements boundaries described herein. It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs, successors. or assigns, shall not increase OF decrease or Mcnit to be increased or decreased the ground elevations within the above-clescribed easements which exist at the time this document is executed, without obtaining the prior written consent of the GRANTEE. In the event of any dispute involving this Agreement, whether or not litigation is commenced, or if any arbitration proceeding, administrative proceeding or litigation in law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions or performance of said easements, the prevailing party shall be entitled to an award of all attorney's fees and the costs of the proceeding, which shall be determined by the court of the presiding officer having authority to make this determination. GRANTOR expressly warrants and represents that GRANTOR has the power to grant said easements in accordance with its terms. GRANTOR has executed said Easements this day of t . 20 �. 1 � — R/W NO. 48005087 DRAWN BY: BHA, Inc. CHECKED BY, (R(;) Boyle Enar. ACCT. No. SD -001. 554 -00 DATE: agiernkr24,2004 H1001bmndwp', 5 oo,gt ntolwatar.dm M & M DEVELOYMENf, t-LC, a California Limired Liability Company i� 12385 State of California County of 7 r.t1 On -j )� ;00(a before me, ._ ° "* t1+f�ry �b� C personally appeared _ rjedl— 0 • (nLw5 rYPrel ai r r Pau NYYy SMI4W ❑ personally known to me (a proved to me on the basis of satisfactory evidence) to be the personje) whose name(01 glare subscribed to the w m thin ins and acknowlqoged to me that l% executed the same in &j AeWfhrrlr authorized capacity(40. and that by air signature(9) on the instrument the person(s), or the entity upon behalf of which the person(y) acted, executed the instrument. WITNESS my hand and official seal. SipnLLn d � P�MC OPTIvNAL � Thw h the inlavrtNCM eebw is nor regrdretl by IBM. R may Prow vah%M to persons mWV on me doomrent and owdd pmverd lraudutent rro r l and. nerd+ t of this loan to anoarer document Description of Attached Doc rrrent Title or Type of Document: �++�•) W °fir.! to Document Dale: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Tirle(s): ❑ Partner — U Limited 0 General ;. C Attorney in Fact Too C, a,.-,e t. ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is RepresetlYag: Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Tate(s): _ ❑ Partner — ❑ Limiled ❑ General O Attorney in Fad C Trustee C Guardian or Conservator C Other: Signer Is Representing: rrr MMIFPmr Or 51UIEe o ]aoa M•4vur Wrr/•A••ooWi r]SO ore •w. PA. Ox!Ut Claw .0 111]1 }2• r MM7 wear -. Can b>:m 206.161Qr 12386 EXHIBIT "A" AN EASEMENT FOR WATERLINES OVER, ALONG AND ACROSS A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, BEING WITHIN THE CITY OF ENCINITAS. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FT Ty#I"2 COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25, AS SHOWN ON RECORD OF SURVEY NUMBER 14943 RECORDED AUGUST 3, 1995 AS FILE NUMBER 1995 - 0336085 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID SECTION 25, SOUTH 89.17'06" EAST (RECORD SOUTH 69'17'14" EAST PER RECORD OF SURVEY NUMBER 14943), 693.59 FEET TO A POINT HEREON DESCRIBED AS POINT "X "; THENCE LEAVING SAID NORTHERLY LINE, sou- H 00'42'54' WEST 35.00 FEET TO THE SOUTHERLY LINE OF EASEMENT FOR CITY HIGHWAY, KNOWN AS MANCHESTER AVENUE, PER DOCUMENT NUMBER 2004 - 0086720 RECORDED FEBRUARY 3, 2004 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING THE TRUE POINT OF BEGINNNG; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF MANCHESTER AVENUE SOUTH 89'1T06- EAST, 71.41 FEET; TO THE BEGINNING OF A NON TANGENT 30.65 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL BEARING TO SAID CURVE BEARS NORTH 4728'23' WEST; THENCE SOUTHERLYALONG SAID CURVE THROUGH ACEN RALANGLEOF4 O'5941-,ANARCDISTANCE OF 21.93 FEET TO THE BEGINNING OF A TANGENT 54.01 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39'1950', AN ARC DISTANCE OF 36.93 FEET TO THE BEGINNING OF A TANGENT 135.60 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26'49144', AN ARC DISTANCE OF 63.49 FEET; THENCE SOUTH 13'53'02" WEST, 22.95 FEEL' TO THE BEGINMNG OF A TANGENT 1100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTER LY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3'40'27', AN ARC DISTANCE OF 70-54 FEET TO THE BEGTNMNG OF A TANGENT 465.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTER LY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7-4641 ", AN ARC DISTANCE OF 63.13 FEETTO THE BEGINNING OF A TANGENT 53.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CFWMAL ANGLE OF 6333'00 ", AN ARC DISTANCE OF 58.79 FEET TO A POINT ON A NON TANGENT LINE, THE RADIAL BEARING TO SAID POINT BEING SOUTH 44'26'16' WEST; THENCE SOUTH 64 °5556' EAST, 175.86 FEET, THENCE NORTH 25'004' EAST, 21.17 FEET; THENCE SOUTH 64 °55'56' EAST, 10.00 FEET; THENCE SOUTH 25. 04'04- WEST, 41.17 FEET; THENCE NORTH 64'5556' WEST, 210.47 FEET; THENCE NORTH 27-09-27- WEST, 5.44 FEET TO THE BEGINNING OFA TANGENT 77.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4547'31', AN ARC DISTANCE OF 61.54 FEET TO THE BEGINNING OF A TANGENT 441.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CEKIRAL ANGLE OF 5'0522 ", AN ARC DISTANCE OF 39.17 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THRO UGH A CENTRAL ANGLE OF31' 51' 03", AN ARC DISTANCE OF5559 FEET TO THE BEG MZ ''ING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31.13'40', AN ARC DISTANCE OF 27.25 FEET TO THE BEGINNING OF A TANGENT 1150.87 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°5722', AN ARC DISTANCE OF 19.20 FEET; THENCE NORTH 13'5242" EAST, 20.86 FEET TO THE BEGINNING OF A TANGENT 204.05 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; 12387 THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19'18'56', AN ARC DISTANCE OF 68.79 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 82'32'44', AN ARC DISTANCE OF 43.22 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B BEGINNING AT SAID POINT "X'; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID SECTION 25, SOUTH 89'17'06' EAST, 554.60 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00'42'54' WEST, 30.-7 FEET TO SAID SOUTHERLY LINE OF EASEMENT FOR CITY HIGHWAY, KNOWN AS MANCHESTER AVENUE, BEING THE TRUE POINT OF BEGINNING, BEING THE BEGINNING OF A NON TANGENT 735.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 05'26'18' EAST; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF MANCHESTER AVENUE THROUGH A CENTRAL ANGLE OF 2'56'15', AN ARC DISTANCE OF 37.68 FEET TO THE BEGINNING OF A NON TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID CURVE BEARS NORTH 57'2775' WEST; THENCE - LEAVING SAID SOUTHERLY LINE OF MANCHESTER AVENUE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRALANGLE OF 39°27102', AN ARC DISTANCE OF 20 -66 FEET; THENCE SOUTH 06'542T EAST, 108.69 FEET TO THE BEGINNING OF A TANGENT 212.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2'39'55', AN ARC DISTANCE OF 9.86 FEET TO A POINT ON A NON TANGENT LINE, THE RADIAL BEARING TO SAID POINT BEING NORTH 85'45' 28' EAST; THENCE SOUTH 83'0533' WEST, 28.77 FEET; THENCE NORTH 06'5477" WEST, 27.38 FEET; THENCE NORTH 83'05'33" EAST, 5.00 FEET; THENCE NORTH 06'5427' WEST, 91.16 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39'28'38', AN ARC DISTANCE OF 20.67 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.46 ACRES MORE OR LESS LANE SGS 4'�d&A. Marois DATE y�Amend A. Moroi P _ 5941 61t s/b4t- Na LS. 5941 K'VLand Projecm 31,505-0704- 6000agalslWatct Emmcnt.wpd EXHIBIT 'B' POC NW COP. SEC. N'LY LINE SEC. 25 25. T 13 S. R 4 W PE S '17'14'E PER R R R.. 0 O.S. . 149431 NTS POINT "X'( L 1 -- a23 X24 26 . 25 TIE LINE ONL Y C1. TPOB PARCEL A C12 LpND $U9� L 11 �` C11 rrtrnd A Maras �y C10 rr) No. L.S. 5941 C9 Exp.a�P OF CAL� CB), C7 L ��oCAYION 5� taGap„ SaN a IJD VICINITY MAP NOT TO 9GLE TIE LINE L12 ONLY -3g_ MANCHESTER AVE.LI TPOB PARCEL B L1 12388 SHEET 1 OF 2 26 yoy � t 3 !1 N 14 �v N A 'C 15 jNIQp� 0 ; X L 14 3 \ _qi L 17 L4 S'LY LINE MANCHESTER LIS 270 AVENUE PER DOC. NO. 2004— OOB6720 15 REC. FEB 3. 2004 C4 APN 282 -073 -24 tip/ cs N 112, NWI14, py/ ro NW1 14 MO 23e 0h/ 5 . T138,R4W A L5 R.O.S. 14943 N"I"ROVIA - A)AAND A. MARgIS 'DAITE bhA, Inc. 594 S 1 land planning civil angineering surveying 5115 Avenlda Encinaa Suite L Carlsbad. California 92008 -1387 ® WATERLINE EASEMENT (750) 831 -8700 AREA: 0.46 AC. PROJECT: ENCINITAS COUNTRY DAY SCHOOL (MEM DEVELOPMENT LLC) REFERENCES. PL A T ACCT. NO. SO -001- 554 -00 VALVE MAP: C -9 OF EASEMENT REQUIRED BY THE R/W N0. 4800Sa87 OLIVENHAIN MUNICIPAL MATER DISTRICT TAX PAR. 262- 073 -24 I.O. NO. N/A BASE MAP 7 b6onc. NOT TO SCALE iab aiaming. civil an,.eriny. urvayino DATE OB -30 -2004 u, VA EXHIBIT LINE BEARING DISTANCE L1 S69'17'06'E 693.59' L2 S00'42'54 "W 35.00' L3 589'17'06'E 71.41' L4 S13'53'02 "W 22.95' L5 S64'55'56 "E 175.86' L6 N25'04'04 "E 21.17' L7 S64'55'56 -E 10.00' LB S25'04'04'W 41.17' L9 N64'55'56 "W 210.47' LID N27'09'27 "W 5.44' L11 N13'52'42'E 20.86' L12 S89'17'06'E 554.60' L13 S00'42'54'W 30.77' L14 S06'54'27'E 108.69' L15 SB3'05'33 "W 28.77' L15 N06'54'27'W 27.38' L17 N83'05'33'E 5.00' L1B N06'54'27'W 91.15' LINE CS C2 C3 C4 C10 C11 C12 Ci3 C 16 22389 :l DELTA RADIUS 40'59'41' 30.65 39'10'50" 54.01 26'49'44" 135.60 3'40' 27' 7'46'41' 63'33'00' 45'47' 31' 5 *05'22' 31'51'03' 0'57'22" 19'18'56' 82'32'44' 2-56-15- 39 '27'02" 2 '39'55- 39 '28' 3B' SHEET 2 OF 2 63.49' 70.54' 441.00' 39.17' 100.00' 55.59' 50.00' 27.25' 150.87' 19.20' 204.05' 68.79' 30.00' 43.22' 735.00' 37.68' 30:00' 20.66' 212.00' 9.66' Q AN EASEMENT TO SAN ELIJO LIMITED FOR ROAD AND UTILITY PURPOSES RECORDED AUGUST 2, 1951 AS FILE NO. 122076. Q2 AN EASEMENT TO RANCHO EL CAMINO, LTD FOR ACCESS AND UTILITY PURPOSES RECORDED APRIL 21. 1980 AS FILE N0. BO- 135184. 03 AN EASEMENT TO THE CITY OF ENCINITAS FOR A PUBLIC HIGHWAY RECORDED FEBRUARY 3, 2004 AS FILE NO. 2004 - 0086720. ® AN EASEMENT TO THE CITY OF ENCINITAS FOR PUBLIC AND EMERGENCY ACCESS RECORDED FEBRUARY 3, 2004 AS FILE NO. 2004 - 0086721. bhmnc. land planning, civil engineering. surveYin 5115 Avenida Encinaa Suite L Carlsbad, California 92008-4387 (760) 931 -8700 PROJECT: ENCINITAS COUNTRY DAY SCHOOL (M&M DEVELOPMENT LLC) REFERENCES: PL A T ACCT. N0. 50- 001 - 554 -00 OF EASEAi v/ 22390 This is to certify that the interest in real property conveyed by the Deed or Grant dated U From .0 dcPmutt, 4t. 0. fA rnia t,.'mi d kfAjbgM- lo,we to the Olivenhain Municipal Water District, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors pursuant to authority conferred by Resolution of the Olivenhain Municipal Water District adopted on April 6, 1961, and the grantee's consent to Recordation thereof by its duly authorized officer. Dated: t _ B McCollom, General Manager y F �; ;�' Y RECORDED AT THE REQUEST Or cHICAOo Tnu COYPAW SUBDIVISION DEPT. Wells Fargo Bank, National Association SBA Leading /1l\ 121 S. Market Street, 6th Flop San Jose, CA 95113 -2209 V WHEN RECORDED MAIL TO: Wells Fargo Bank National Association SBA . BOG Loan Ops - Recorded Don P O Box 659713 San Antonio, TX 78265 -9827 01 300203ti -1 -u5v D o C # 2011- 0263807 III 1111111111111111 111111 11111 III I 111111 EI IEI IN III MAY 23, 2011 8:00 AM OFFICIAL RECORDS O SAN DIEGO COUNTY RECORDER'S OFFICE O Ernest J. Dwnenbuig, Jr., COUNTY RECORDER FEES- 54.00 DA: 1 PAGES: 13 1IIII! Hill Hill lilt 1'111111 Hill 11111 III Hill IIII11 Hill Hill Hill IIIIIIII 200126531633700235 DEED OF TRUST THIS DEED OF TRUST is dated June 10, 2010, among M & M Development, LLC, a California Limited Liability Company, whose address is 3616 Manchester Avenue, Encinitas, CA 92024 ( "Trustor-); Wells Fargo Bank, National Association, whose address is SBA Lending, 121 S. Market Street, 6th Floor, San Jose, CA 95113 -2209 (referred to below sometimes as "Lender' and sometimes as - Beneficiary"); and American Securities Company, a corporation, whose address is c/o California SBA Lending Office, 121 S. Market Street, 6th Floor, San Jose, CA 95113 -2209 (referred to below as 'Trustee -). CONVEYANCE AND GRANT. For valuable consideration, Truslw Irrevocably grants, transfers and asslgns to Trustee In trust with power of Sato, fw Ow benefit of Lender as BensOclary, all of Trusters right, lice, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fortunes; all easements, rights of way, and appurtenances, all water, water rights and ditch rights (inducing stock in utilities with ditch or irrigation rights); and 911 other nights, royalties, and profits relating to the real property, inducting without limitation all minerals. oil, gas, geothermal and similar matters. the "Real Property ") located in San Diego County, State of California: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. The Real Property or its address is commonly known as 3616 Manchester Avenue, Encinitas, CA 92024. The Assessors Parcel Number for the Real Property is 262 -073.24. Truslor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trusters right, title, and interest in and to all Present and future leases of the Property and at Rents from the Property. This is an absolute assignment of Rents made in connection with an obligation secured Dy real property pursuant to California Cavil Code Section 2938. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF THE TRUSTOR UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrants that (a) this Deed of Trust is executed at Borrowers request and not at the request of Lender, (b) Trustor has the full power, right and authority to enter into this Deed of Trust and to hypotherater the Property, (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Truster and do not result in a violabon of any law, regulation, court decree or order applicable to Truster, (d) Truslw has established adequate means of obtaining from Borrower on a continuing basis information about Borrowers financial condition; and (e) Lender has made no representation to Truster about Borower (including without limitation the creditworthiness of Borrower). TRUSTOWS WAIVERS. Except as prohibited by applicable law, Truster waives any right to require Lender to (a) make any presenmment protest, demand, or notice of any kind. including notice of change of any terns of repayment of the Indebtedness, default by Borrower or any other guarantor or surety, any action or nonachon taken by Borrower, Lender, or any othet guarantor or surety of Borrower, or the creation of new or additional Indebtedness; (b) proceed against any person, including Borrower, before proceeding against Truster, (c) proceed against any collateral for the Indebtedness, including Borrowers collateral. before proceeding against Truster, (d) apply any payments or proceeds received against the Indebtedness in any order, (e) give notice of the terms, time, and place of any sale of any collateral pursuant to the Uniform Commercial Code or any other law governing such sale; (f) disclose any information about the Indebtedness, Borrower, any collateral. or any other guarantor or surety, or about any action or nonaction of Lender, or (g) pursue any remedy or course of action in Lenders power whatsoever. Truster also waives any and all rights or defenses arising by reason of (h) any disability or other defense of Borrower, any other guarantor 1r 3309 DEED OF TRUST (Continued) Page 2 or surety Or any other person; (1) the cessation from any cause whatsoever, other than payment in full, of the Indebtedness: G) the application of proceeds of the Indebtedness by Borrower for purposes other than the purposes understood and intended by Truslor and Lender. (k) any act of omission or commission by Lender which directly or indirectly results in or contributes to the discharge of Borrower or any other guarantor or surety, or the Indebtedness, or the loss Or release of any collateral by operation of law or otherwise: (1) any statute of limitations in any action under this Deed of Trust or on the Indebtedness; or (m) any modification or change in terms of the Indebtedness. whatsoever, including without limitation, the renewal, extension, acceleration, or other change in the time payment of the Indebtedness is due and any change in the interest rate. Trustor waives all rights and defenses arising out of an election of remedies by Lender, even though that election of remedies, such as non- judicial foreclosure with respect to security for a guaranteed obligation. has destroyed Trustors rights of subrogation and reimbursement against Borrower by the operation of Section 580d of the California Code of Civil Procedure, or otherwise. Trustor waives all rights and defenses that Trustor may have because Borrowers obligation is secured by real properly. This means among other things: (1) Lender may collect from Trustor without first foreclosing on any real or personal property collateral pledged by Borrower. (2) If Lender forecloses on any real property collateral pledged by Borrower: (A) The amount of Borrower's obligation may be reduced only by the price for which the collateral is sold at the foreclosure sale, even if the collaterat is worth more than the sale price. (B) Lender may collect from Trustor even if Lender, by foreclosing an the real property collateral, has destroyed any right Truster my have to collect from Borrower. This is an unconditional and irtevocable waiver of any rights and defenses Truster may have because Borrower's obligation is seared by real property. These rights and defenses include. but are nor limited to, any rights and defenses based upon Section 580a, 580b. 5804, or 726 of the Code of Civil Procedure. Trustor understands and agrees that the foregoing waivers are unconditional and Irrevocable waivers of substantive rights and defenses to which Truster might otherwise be entitled under stale and federal law. The rights and defenses waived include, without limitation. those provided by California laws of suretyship and guaranty, anti-deficiency laws, and the Uniform Commercial Code. Truster acknowledges that Truster has provided these waivers of rights and defenses with the intention that they be fully relied upon by Lender. Trustor further understends and agrees that this Dead of Trust is a sepamle and independent contract between Truster and Lender, given for full and ample consideration, and is enforceable an its own terms. Until all Indebtedness is paid in full, Truslor waives any right to enforce any remedy Trustor may have against Borrowers or any other guarantor, surety, or other person, and further. Trustor waives any right to participate in any collateral for the Idbebedness now or hereafter held by Lender. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust. Borrower shall pay to Lender all Indebtedness seared by this Deed of Trust as it becomes due, and Borrower and Truster shall perform all their respective obligations under the Note, this Deed of Trust. and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truslor agree that Borrowers and Trustors possession and use of the Properly shall be governed by the following provisions: Potaalslo and Uw. Until the occurrence of an Event of Default. Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) CdleC the Rents from the Property. Duty to Maintain. Truster shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that (1) During the period of Tmstors ownership of the Property, there has been no use generation, manufacture, storage. treatment. disposal, release or threatened release of any Haurdow Substance by any person on, under, about or from the Property; (2) Truslor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach m violation of any Environmental Laws. (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prim owners or occupants of the Property, or (C) any actual or threatened litigation or claims of any kind by any person relating to such maters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, slate, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests. at Trustoes expense. as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lenders purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Truster Or to any other person. The representations and warranties contained herein are based on Trustors due diligence in investigating the Property for Hazardous Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws: and (2) agrees to indenlnly, defend, and hold harmless Lender against any and all claims, lenses, liabilities, damages, Penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage. disposal, release or threatened release occumW prior to Trusters Ownership or interest in the Property, whether or not the same was Or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnity and defend, shall survive the payment of the Indebtedness and the satisfaction and reronveyance of the lien of INS Deed of Trust and shall not be affected by Lenders acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, Permit, or suffer any stripping Of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing. Trustor will not remove. or grant to any other party the right to remove, any Limber. minerals (including oil and gas). coal. clay. scoria, soil, gravel or rock products without Lenders prior written consent. Removal of Improvements. Trustor shall not demolish m remove any Improvements from the Real Property without Lenders prior written consent. As a condition to the removal of any Improvements, Lender may require Truslor to make amargemenls satisfactory to Lender to replace such Improvements with Improvements of 31 least equal value. d 3310 DEED OF TRUST (Continued) Page 3 La dais Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lenders interests and to inspect the Real Property for purposes of Trustorrs compliance with the terns and conditions of this Deed of Trust. Compliance with Govemmenal Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all govemmorml authonlies applicable to the use or occupancy of the Property, Including without limitation, the Americans With Doinilibes Act. Trustor may contest in good faith any such taw, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals. so long as Truslor has notified Leader in writing prior to doing so and so long as, in Lenders sole opinion, Lenders Interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property . Trustor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Larder may, at Lenders option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lenders poor written consent, of all or any part of the Real Property, or any interest in the Real Property. A 'sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Popery; whether legal, beneficial or equitable: whether voluntary or involuntary: whether by outright sale, deed. installment sale contract. land contract, contract W deed, leasehold interest with a term greater than three (3) years. lease-option contract. or by sale, assignment. or transfer of any benefrcral interest in or to any land trust holding title 10 the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-fwe percent (25 %) of the voting stock. partnership interests or limited liability company interests, as the case may be, of such Trustor. However, this Option shall rid be exercised by Lender if such exercise is prolbibfted by applicable law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are pan of this Deed of Trust: Payment. Trustor shall pay when due (and in all events at least ten (10) days prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shed pay when due all claims for work done on or far services rendered or material fumished to the Properly. Trustor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of axes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Trustor may withhold payment of any tax. assessment, or claim in connection with a good faith dispute over the obligation to pay, so lung as Lenders interest in the Properly Is rat jeopardized. If a lien arises or is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arses or, if a lien is filed, within fifteen (IS) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender rash or a su(fiaent corporate surety bond or other security, satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and aftomeys' fees. or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest. Truslor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Trustar shag name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials am supplied to the Properly, if any mechanic's lien, matedalmen's lien, or other lien could be asserted on account of the work, services, m materials. Trustor will upon request of Lender furnish to Lender adrance assurances satisfactory to Lender that Trustor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Malydensnce of Insurene- Trustor shall proowe and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance polices. Additionally, Trustor shall mantain such other insurance, including but not limned to hazard, business mlenuption, and boiler insurance, as Lender may reasonably require. Notwithstanding the foregoing, in no event shall Trustor be required to provide hazard Insurance in excess of the replacement value of the improvements on the Real Property. Policies shall W written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Truster, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in forth satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished w thoul at least thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will rat be impaired in any way by any ac, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area. Truslor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given try Lender that the Properly is located in a special hood hazard area, for the lull unpaid principal balance of the loan and any prior liens on the property severing the ban, up to the maximum policy Intuits set under the National Flood Insu ance Program, or as otherwise required by Lender, and to maintain such insurance far the learn of the loan. Application of Proceeds. Trustor shall promptly ratify Lender of any loss or damage to the Property. Lender may make proof of loss if Trustor falls to do so within fifteen (15) days of the casualty _ If in Lenders sole judgment Lenders security interest in the Property has been impaired, Lender may, at Lenders election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If the proceeds are to be applied to restoration and repair, Truslor shall repair an replace the damaged or destroyed Improvements in a 3311 DEED OF TRUST (Continued) Page 4 manner satisfactory to Lender. Lender shelf, upon satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Tmsor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair a restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest. and the remainder, if any, shall be applied to the principal balance of the kdebledness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as Trustors interests may appear. TrustoYs Report on Imurence. Upon request of Lender, however not more than once a year, Trustor shall fumish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer, (2) the risks insured. (3) the amount of the policy, (4) the property insured, the then mment replacement value of such property, and the manner of detenrkning that value: and (5) the expiration date of the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commented that would materially affect Lenders Interest in the Property or if Trustor fails to comply with any provision of this Deed of Trust a any Reated Documents, including but rot limited to TlU510r5 failure to discharge or pay when due any amounts Trustor is required to discharge or pay antler min Deed of Trust or any Related Documents. Lender on Trustors behalf may (but shall not be obligated to) take any action that Lander deems appropriate, including but not limited to discharging or paying all faxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will men bear Interest at the rate charged under me Note from the date incurred or paid by Lender to the date of repayment by Trustor, All such expenses will become a part of the Indebtedness and, at Lenders option, will (A) be payable w demand, (6) be added to the balance of the Note and be apportioned among and be payable with any installment payments to lr it due during either (1) the term of any applicable assurance policy; or (2) the remaining tens of the Note; or (C) be treated as a balloon Payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property am a part of this Deed of Trust. Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and dear of all liens and encumbrances other than those set fibrin in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Truster has the hull right, power, and authonty to execute and deliver this Deed of Trust to Lender. Defense of Title. Sutifect to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustors title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Truslors expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lenders own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Complianca With Laws. Trusts warrants that the Property and Trustors use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Reprsaentatlons and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Borrowers Indebtedness shall be pad in full. CONDEMNATION. The following provisions relating to eminent domain and inverse condemnation proceedings are a part of this Deed of Trust. Proceedings. If any eminent domain or inverse condemnation proceeding is commenced affecting the Property, Trustor shall promptly notify Lender in writing. and Trustor shall promptly take such steps as may be necessary to pursue or defend the action and obtain the award. Trustor may be the nominal party in any such proceeding, but Lender shall be entitled, at its election, to participate in the proceeding and to be represented in the proceeding by counsel of Its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to limo to permit such participation. Application of Net Proceeds. If any award is made or settlement entered into in any condemnation proceedings affecting all or any part of the Property or by any proceeding or purchase in lieu of condemnalion, Lender may at its election. and to the extent permitted by law, require that all or any portion of the award or settlement be applied to the Indebtedness and to the repayment of all reasonable costs, expenses, and attorneys' lees irc,urad by Trustee or Lender in connection with the condemnation proceedings. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trost including without kmitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to wtuch this section applies. (1) a specific lax upon this type of Deed of Trust or upon all m any part of the Indebtedness secured by this Deed of Trust: (2) a specific lax an Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trost; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a spec tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust. this event shall have the same effect as an Event of Default. and Larder may exercise any or all of its available remedies for an Event of Default as 3312 DEED OF TRUST (Continued) Page 5 provided below unless Trustor either (1) pays the lax before it becomes delinquent or (2) Contests the lax as provided above in the Taxes and Liens section and deposits with Lender Cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions retailing to this Deed of Trust as a secunly agreement am a part of this Decd of Trust Security Agreement This instrument shall Constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured parry under the Uniform Commercial Code as amended from time to lime. Security Interest Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lenders security interest in the Rents and Personal Property. Trustor shall reimburse Lender for all expenses incurred in perfecting or Continuing this security interest. Upon default, Trustor shall rat remove, sever or detach the Personal Property from the Property. Upon default. Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable taw. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured Party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as staled on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN -FACT. The following provisions relating to further assurances and attomey -in -fact are a part of this Deed of Trust Further Assurances. At any time, and from time to Ume, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made. executed or delivered, to Lender a to Lenders designee, and when requested by Lender, Cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such officxs and places as Lender may deem appropriate, any and all such mortgages, deeds of bust, security deeds, security agreements, financing statements, conknualion statements. instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Doed of Trust. and the Related Documents, and (2) the hers and security interests Created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the Coronary in wnling. Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. AtiomeyanFact. If Trustor fails to do any of the things referred to in the preceding paragraph. Lender may do so for and In the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustors attorney- in-fact for the purpose of making, executmg, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. PARTIAL RELEASES. Lender shall execute partial releases of the lien of this Deed of Trust upon the follovnng conditions: Wells Fargo does nor allow partial releases without prior Credit approval. FULL. PERFORMANCE If Borrower and Trustor pay all the Indebtedness when due, and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full mconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security Interest in the Rents and the Personal Property. Lender may charge Trustor a reasonable reconveyance fee at the time of moonveyance. EVENTS OF DEFAULT. Each of the following, at Lenders option, shall constitute an Event of Oefauh under this Deed of Trust Payment Default Borrower fails to make any payment when due under the Indebtedness. Other Defaufts. Borrower or Trustor fails to comply with or to perform any other term, obligation, Covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation. Covenant or condition Contained in any other agreement between Lender and Borrower or Trustor Compliance Default Failure to comply with any other term, obligation. Covenant or Condition Contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effecl discharge of any lien. Default In Favor of Third Parties. Should Borrower or any Grantor default under any ban, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or Person that may malenaly affect any of Borrowers or any Grantors property or Borrowers ability to repay the Indebtedness or Borrowers or Gmntoes ability to perform their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrowers or Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or al the time made or furnished or becomes false or misleading at any time thereafter. Defective Collaterilixation This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any Collateral document to Create a valid and perfected Seeaity interest or lien) at any time and for any reason. Death or Insolvency. The dissolution or termination of Borrower's or Trustor's existence as a going business, the insolvency of Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of Creditors, any type of Creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor. Creditor or ForfelWre Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, sett -help, repossession or any other method, by any Creditor of Borrower or Trustor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrowers or Trustor's accounts, including deposit accounts, with 3313 DEED OF TRUST (Continued) Page 6 Lender. However, this Evert of Default sitM not apply if mere is a good faith dispute by Bonowar of Tnlstor m to the validity or reasonableness of the claim which is the basis of U1e creditor cr forfeiture proceeding and if Borrower or Trustor gives Lender written ratite of the creditor or forfeiture proceedirV and deposits with Lander morhres or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, In Its sole discretion, as being an adequate reserve or bond for the dispute. Breech of Other Agreement Any breech by Borrower or Trustor under the terms of any other agreement between Borrower or Troslor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement conceming any indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Changs. A material adverse change occurs in Borrower's or Trustors financial condition, or Lender believes the prospect of payment or performance of the Indebtedness in impaired Insecurity. Lender in good forth believes itself insecure. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trost, at any time thereafter. Trustee or Lender may exercise any one or more of the following rights and remedies' Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trostors failure to perform. shall not affect Lenders right to declare a default and exercise Its remedies. Foreclosure by Sale. Upon an Event of Default under this Deed of Trust, Beneficiary may declare the entire Indebtedness secured by this Deed of Trust 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 to be sold the Property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, the Note, other documents requested by Trustee, and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor. shall sell the Property at the time and place fixed by it in the 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 rash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the 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 in accordance with applicable law. 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 of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trusts, Trustee or Beneficiary may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection vein Sale. Trustee shall apply the proceeds of sale to payment of all sums expended under the terms hereof, rat then repaid, with accrued interest at the amount allowed by raw in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. Judicial Foreclosure. With respect to all or any part of the Real Property, Lender shall have the right in lieu of foreclosure by power of sale to foreclose by judicial foreclosure in accordance with and to the full extent provided by California law. UCC Remedies. With respect to all or any part of the Personal Property. Lender shall have all the rights and remedies of a secured party under the Uniform Ccmmernal Code. including without timitation the right to recover any deficiency in the manner and to the full extent provided by CaMmia law. Collect Rents. Lender shall have the right, without notice to Borrower or Trustor to take possession of and manage the Property and tolled the Rents, indadng amounts past due and unpaid. and apply the net proceeds. over and above Lenders costs. against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Trustor irrevocably designates Lender as Trustofs attomey- in-fact to endorse instruments received in payment thereof in the name of Trustor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lenders demand shall satisfy the obligatioms for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, Over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Trustor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Tustor, Truster shall became a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lenders option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immodiatey upon the demand of Lender. Omer Remedies. Trustee or Lender shad have any other right or remedy Provided in this Dead of Trust or the Note or available at taw or in equity. Notice of Sale. Lender shall give Trustor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent perrtltted by applicable law, Borrower and Trustor hereby waives any and all rights to he" the 3314 DEED OF TRUST (Continued) Page 7 Property marshalled. In exercising its rights and remedies, tine Trustee or Lender shall be free to sell all or any pan of the Property together or separately, in one sale or by separate sales. I. ender shall be entitled to bid at any public sale on all or any portion of the Properly. Attorneys' Feas; Expenses, If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its lights shall become a part of the Indebtedness payable on demand and shall bear interest at the Nate rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law. Lenders attorneys' lees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment Collection services, the cost of searching records, obtaining tide reports (including foreclosure reports), surveyors' reports, and appraisal fees, title inwrance. and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the ngbts and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee am part of this Deed of Trust: Powers of Tnattes. In addition to all powers of Trustee arising as a matter of law. Trustee shall have the power to take the following actions with rasped to the Pmperty upon the written request of Lender and Trustor. (a) join in preparing and filing a map or plat of the Real Property. including the dedication of streets or other rights to the publlc; (b) On in granting any easement w creating any restriction On the Real Property; and (c) join in any suboroination or other agreement affecting this Oeed of Trust or the Interest of Lender under this Deed of Trust. Obligation to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Trustor. Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth move, with respect to all or any part of the Property. the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foredosure, in either rase in accordance with and to the full extent provided by applicable law. Successor Truss". Lender, at Lenders option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknoWodged by Larder and recorded in the office of the recorder of San Diego County, State of California. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page where this Deed of Trust is recorded, and the name and address of the succession trustee, and the instrument Shall be executed and acknowledged by Lender or Its sumeSsors In interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties r fened upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other prowsons for substitution. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and ackn omiedged, is made a public record as provided by law. NOTICES. Any notice required to be given under this Deed of Trust shall be given in writing, and shall be effective when actually delivered, when actually received by lelefacslmtle (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in he United States mail, as first class, certified or registered mat postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Trustor requests that copies of any notices of default and sale be directed to Trustors address shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lenders address, as shown near the beginning of this Deed of Trust. Any parry may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the partes address. For notice purposes, Trustor agrees to keep Lender informed at all limes W Trusors arrant address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice given by Larder to any Trustor is deemed to be notice given to as Truslors. STATEMENT OF OBLIGATION FEE Lender may collect a fee, not to exceed the maximum amount permitted by law. for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or pan of this ban to one or more purchasers. whether related or unrelated to Lender, (b) Lender may provide to any purchaser, or potential purchaser, any information or knowledge Lender may have about the parties or about any other matter relating to this loan obligation, and he parties waive any rights to privacy it may have with respect to such matters; (c) he purchaser of a loan will be considered its absolute owner and will have all the rights granted under the loan documents or agreements goveming the sale of the loan; and (d) the purchaser of a loan may enforce its interests inespectiva of any claims or defenses that the parties may have against Lender. FACSIMILE AND COUNTERPART. This document may be signed in any number of separate coples, each of which shall be effective as an original, but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document or any related document shall be deemed an original and shall be admissible as evidence of the document and the signers execution. ARBITRATION AGREEMENT. Arbitration - Binding Arbitration. Lender and each party to this agreement, hereby agree, upon demand by any party, to submit any Dispute to brndtng arbitration in accodance with the terms of this Arbitration Program. A'Dispule' shall include any dispute, claim or mrilroversy of any kind, whether in contract or in tort, legal or equitable, now existing or hereafter arising, relating in any way to any aspect of this agreement, or any related agreement incorporating this Arbitration Program (the 'Documents'), or any 3315 DEED OF TRUST (Continued) Page 8 renewal, extension, modification or refinancing of any indebtedness or obligation relating thereto, including without limitation, their negotiation, execution, cdlateraliiation, administration, repayment, Modification, extension, substitution, formation, inducement, enforcement, default or termination. DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT BY A JUDGE OR JURY. A. Goveming Rules. Any arbitration proceeding will it) be governed by" Federal Arbitration Act Fria 9 of the United States Code). notwithstanding any conflicting choice of law provision in any of the documents between the parties; and (ii) he conducted by the American Arbitration Association ( "AAA'), or such other administrator as the parties shall mutually agree upon, in accordance with the AAA's commercial dispute resolution procedures, unless the claim or counterdaim is at least 51,000.000.00 exclusive of claimed interest. arbitration fees and costs in which case the arbitration shall be conducted in accordance with the AAA's optional procedures for large, complex commercial disputes (the commercial dispute resolution procedures or the optional procedures for large, complex commercial disputes to be referred to herein, as applicable, as the 'Rules). If there is any inconsistency between the terms hereof and the Rules, the terms and procedures set forth herein shall control_ Arbitration proceedings hereunder shall be conducted at a location mutually agreeable to the parties, or if they cannot agree, then at a location selected by the AAA in the stale of the applicable substantive law primarity governing the Note. Any party who fails or refuses to submit to arbitration following a demand by any other party shall bear all costs and expenses incurred by such other party in competing arbitration of any Dispute. Arbitration may be demanded at any time, and may be compelled by summary proceedings in Court. The institution and maintenance of an action Ice judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other parry contests such action for judicial relief. The arbitrator shall award all costs and expenses of the arbitration proceeding. Nothing contained herein shall be deemed to be a waiver by any party that is a bank of the protections afforded to it under 12 U.S.C. Section 91 or any similar applicable state law. B. No Waiver of Provisional Remedies, Self-Help and Foreclosure. The arbitration requirement does not limit the right of any party to (i) foreclose against real or personal property collateral; (a) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession, or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointmenl of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any Dispute to arbitration or reference hereunder, including those ansing from the exercise of the actions detailed in sections (i). bi) and (iii) of this paragraph. C. Arbitrator DualBfcatiens and Powers. Any arbitration proceeding in which the amount in controversy is $5,000,000.00 or less will be decided by a single arbitraor salecled according to the Rules, and who shall not render an award of greater than 55,000,000.00. Any Dispute in which the amount in controversy exceeds $5.000.00C.00 shall be decided by majority vote of a panel of three arbithil i provided however, that all three arbitrators must actively participate in all hearings and deliberations. Every arbitrator must be a neutral practicing attorney or a retired member of the stale or federal judiciary, in either case with a minimum of ten years experience in the substantive law applicable to the subject matter of the Dispute. The arbitrator will determine whether or not an issue is arbitratable and will give effect to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents only or with a hearing at the arbitrators discretion) any pre-hearing motions which am similar to motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall resolve all Disputes in accordance with the applicable substantive law and may grant any remedy or relief that a court of such state could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award. The arbitrator shall also have the power to award recovery of all costs and fees, to impose sanctions and to lake such other action as the arbitrator deems necessary to the same extent a judge could pursmirl to the Federal Rules of Civil Procedure. the applicable state rules of civil procedure, or other applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other perry contests such action for judicial relief. D. Discovery . In any arbitration proceeding discovery will be permitted in accordance with the Rules. All discovery shall be expressly limited to matters directly relevant to the Dispute being arbitrated and must be completed m later than 20 days before the hearing dale. Any requests for an extension of the discovery periods, or any discovery disputes, will be subject to final determination by the arbitrator upon a showing that the request for discovery is essential for the patios presentation and that no alternative means for obtaining information is available. E. Class Proceedings and Consolidations. No parry shall be entitled to join or consolidate disputes by or against others who are not parties to this agreement or related Documents in any arbitration, or to include in any arbitration any dispute as a representative or member of a class. or to act in any arbitration in the interest of the general public cr in a private attorney general capacity. F. aliscellaneous To the maximum extent practicable. the AAA, the arbitrators and the parties shall take all action required to conclude any arbitration proceeding within 180 clays of the filing of the Dispute with the AAA. No arbitrator or other party to an arbitration proceeding may disclose the existence, content a results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. If more than one agreement for arbitration by or between the parties potentially applies to a Dispute, the arbitration provision Most directly related to the Documents between the parties or the subject matter of the Dispute shall control. This arbitration provision shall survive the repayment of the Note and the lamination, amendment or expiration of any of the documents or any relationship between the parties. G. Stat"pecif c Provisions. If Callforri a law aovems the Dlsoute. the followLa mayfiden Is Included- Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, ra Dispute shall be submitted to arbitration if the Dispute concerns indebtedness secured directly or indirectly, in whole m in part, by any real property unless (i) the holder of the mortgage, lien m security Interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights a benefits that might accrue to them by virtue of the single action rule statute of California. thereby agreeing that all indebtedness and obligations of the parties, and all mortgages. liens and security interests secunng such indebtedness and obligations, stall remain fully valid and enforceable. if any such Dispute is not submitted to arbitration, the Dispute shall be referred to a referee in accordance with California Code of Civil Procedure Section 638 at seq., and this general reference agreement is intended to be specifically enforceable in accordance with said Section 638 . A referee with the qualifications required herein for arbitrators shall be selected pursuant 3325 DEED OF TRUST (Continued) Page e to the AAA's selection Procedures. Judgment upon the decision rendered by a referee shall be entered in the court in which such proceeding was commenced in accordance with California Code of Civil Procedure Sections G" and 645. Small Claims Court. Any party may require that a Dispute be resolved in Small Claims Court if the Dispute and related claims are fully within that court's jurisdiction. if Idaho law aovems the Dispute, the following provision is Included: Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of Idaho, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and secunty interests securing such Indebtedness and obligations, shall remain fully valid and enforceable. If Montana law oovertss the Dispute, the following provision is Included: Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concems indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, fen or security interest specifically elects In writing to proceed with the arbitraton, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action role statute of Montana, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages. liens acid security interests securing such indebtedness and obligations, shall remain fully valid and enforceable. If Nevada law aovems the Disaute, the following provision Is Included: Real Property Collateral. Notwthstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concems indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, fen or security interest speufically elects in writing to proceed with the arbitration, or (i) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single Action rule statute of Nevada. thereby agreeing that all indebtedness and obligations of the parties . and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable. If South Dakota law oovems the Dispute, the following provision is included: Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real properly unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or CHI) of parties to the arbitration waive any rights or benefits that might acute to them by virtue of the single action Pule statute of South Dakota, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and secunty interests securing such indebtedness and obligations, shall remain fully valid and enforceable. N Utah law caverns the Disaute. the following provision is included: Rut Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concerns indebtedness secured directly or indirectly, in whole or in part. by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to fine arbitration waive any rights or benefits that might accrue to them by value of the single action rule statute of Utah, thereby agreeing that all indebtedness and obligations of the parties. and all mortgages, liens and security interests securing such indebtedness and obligations, shag remain fully valid and enforceable. If any such Dispute is not submitted to arbitration, the Dispute shall be referred to a master in accordance with Utah Rule of Civil Procedure 53, and this general reference agreement is intended to be specifically enforceable. A master with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a master shall be entered in the Court in which such proceeding was commenced in accordance with Utah Rule of Civil Procedure 53(e). SBA ARBITRATION. The parties specifically agree that the provisions of this Arbitration Program are not applicable to any dispute between any party and the U.S. Small Business Administration (the 'SBA*) including but not limited to, any dispute with the SBA after purchase of the loan by the SBA. ARBITRATION CALIFORNIA STATE SPECIFIC. If California law governs the Dispute, the following provision Is included: A AReal Property Collateral: Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration. If any such Dispute is not Submitted to arbitration, the Dispute shall, at the election of any party, be referred to a referee in accordance with California Code of Civil Procedure Section 638 at seq., and this general reference agreement is intended to be specifically enforceable in accordance with said Section 638. A referee with the qualifications required herein for arbitrators shall be Selected pursuant to the AAA's Selection procedures. Judgment upon the decision rendered by a referee shall be entered In the court in which such proceeding was commenced in accordance with California Code of Civil Procedure Sedans 644 and 645. ENCUMBRANCES. GrentorMartgagorlfrustor shall not, without Lenders consent. mortgage, assign, grant a lien upon or seventy interest ill, or otherwise encumber the Property or any interest in the Property, or allow such a lien or security interest to exist G arise, whether vdumanly, involuntarily or by operation of law, except for fens and Security interests in favor of Lender, or property taxes attributable to the Property which are not past due. APPRAISALS, FEES AND EXPENSES. Grantor/Truslor agrees that Lender may obtain appraisals and reappraisals and perform property evaluations and appraisal reviews of the Real Property when required by the regulations of the Federal Reserve Board or the Office of the ComDtmII f of the Currency, or any other regulatory agency, or at such other times as Lender may reasonably require. Appraisals shall be perforated by an independent third party appraiser selected by Lender; property evaluations and appraisal reviews may be performed by third parry appraisers or appraisers and Staff of Lender. The fees, expenses and other Cost of Such appraisals, reappraisals, property evaluations and appraisal reviews shall be paid by Grenlor/ -rWSI r. In addition, GrantorRrustor shall be responsible for payment of all fees and expenses of Lender and third parties relating to inspecting the Real Property, environmental review, title policies and endorsements (or title searches. abstracts of title or legal opinions of tide where applicable), and monitoring the paymatl of propery taxes, and any 3317 DEED OF TRUST (Continued) Page 10 governmental taxes, lees and recording costs relating to this deed. LEASES AND RENTS. Grantor/Trustor/Mortgagor presently assigns to Larder all of Grantorrfrustor /Mortgagor's right, title and Interest in and to as present and future leases of the Property and al rents from the Property. This Assignment of Rents is given to secure (A) Payment of the Indebtedness and (B) Performance of any and all obligations under the Note and Mortgage/Deed of Trust. Grantor/Tnustor/Mortgagor's present assignment to Lender hereunder is of all present and future leases includes all leases, licenses. rental agreements and other agreements of any kind relating to the use or occupancy of any of the Properly, together with all guarantees of and security far any tenam's performance, and all extensions, renewals and modifications thereto (as used in this paragraph, each, a lease' and collectively, the 'Leases'). together with any and all Rents from the Property. This assignment shall not impose upon Lender any duty to produce Rents, nor cause Lender to be a 'mortgagee in possession,' or responsible for performing any of the obligations of the lessor under any Lease. Lender orders upon Granlorrfrustor/Mortgagor a license to collect and retain the Rents as they come due, until the occurrence of any Event of Default. at which time the license shall be automatically revoked, and Lender, or its designated agent may, at Its option and without notice, make, cancel, enforce or modify any Lease or Rents, collect Rents and do any acts which Lender deems proper to protect the security hereof or exercise any other right or remedy hereunder. GrantorrTrustor/Mortgagor represents and warrants that there exists no material default under present Leases and that those Leases are in full force and effect. Lender, al its option and without notice, may notify any tenant of this assignment of the Leases and Rents. GranlorrTrustor/Morgagor agrees, at Its expense, (i) to comply with and enforce all the terns and conditions under each Lease, and defend in any action in connection with any Lease; (q not to modify any Lease in any material respoct, nor accept surrender under or tem mate the term of any Lease, nor waive or release any tenant under any Lease; (iii) not to anticipate the Rents under any Lease: and (iv) to give prompt police to Lender of any default by any tenant under any Lease, and of any notice of default On the part of Gramor/Trustor/Mortgagor under any Lease received from a tenant. Should Grantor/Trusior/Mortgagor fail to do any act required to be done by Grantorrtrustor /Mortgagor hereunder, then Lender, at its option and without notice , may make or do the same in such manner and to such extent as Lender deems necessary to protect the security hereol. Gramor/Trustor/Mortgagor agrees to pay to Lender immediately upon demand all sums expended under the authority hereof. including reasonable attorneys' fees. together with interest thereon at the highest rate per annum payable under any Indebledriess, and the same, at Lender's option, may be added to the Indebtedness and secured hereby. CONDO/PUD ( DEED OF TRUST) . The following provisions apply if the Real Property has been submitted to unit ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real Property A. Pourer of Attorney. Truslor /Grantor grants an irrevocable power of attorney to Lender to vote in Lenders discretion on any matter that may come before the association of unit owners. Lender shall have -the night to exercise this power of attorney only after Trustor's/Grantor's default; however, Lender may decline to exercise this power as Lender sees ft. B. Insurance. The insurance as required herein may be tamed by the association of unit owners on Trustor's/Granloes behalf, and the proceeds of such insurance may be pad to the association of unit owners for the purpose of repairing or reconstructing the Property. If not so used by the association, such proceeds shall be paid to Lender. C. Default. Truslor's/Granlor's failure to perform any of the obligations imposed on Trustor /Grantor by the declaration submitting the Real Property to unit ownership, by the bylaws of the association of unit owners, or by any rules or regulations thereunder, shall be an event of default under this Deed of Trust. If Truslor's/Grantor's interest In the Real Properly is a leasehold interest and such property has been submitted to unit ownership, any failure by Trustor /Grantor to perform any of the Obligations imposed on Trustor /Grantor by the lease of the Real Property from its owner, any default under such lease which might result in termination of the lease as it pertains to the Real Property, or any failure of Trustor /Grantor as a member of an association of unit owners to take any reasonable action within Trustor's/Granloes power to prevent a default under such lease by the association of unh owners or by any member of the association shall be an Event of Default under this Deed of Trust. MISCELLANEOUS PROVISIONS. The following rwscellaneous provisions are a part of this Deed of Trust Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration m amendment. Annual Reports. If the Property is used for purposes other than Twiltor's residence, Trustor shall furnish to Lender, upon request. a certified statement of net operating income received from the Property during Tmstors previous fiscal year in such forth and detail as Lender shall require. 'Net operating income' shall mean all rash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Neadngs. Caption headings in this Deed of Trust are for convenience purposes Dory and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. Them shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by Or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Lew. This Deed of Trust will be ginemed by federal law applicable to Lander and, to the extent not preempted by federal law, the laws of the State of California without regard to Its conflicts of law provisions. This Deed of Trust has been accepted by Lander in the State of California. Joint end Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Truslor, and all references to Borrower shall mean each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or seated in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. No Waiver by Larder. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the par of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's 3318 DEED OF TRUST (Continued) Page 11 right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waivar of any of Lenders rights or of any of Trustofs obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not eor sf tum continuing consent to subsequent instances where won consent is required and in all cases such consent may be granted or withheld In the sole discretion of Lender. Severabillty. If a court of competent jurisdiction finds any provision of this Dead of Trust to be illegal, invalid, or unenforceable as to any alrwmstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal valid and enforceable. If the offending provision cannot be so modified, it shah be considered deleted froal this Deed of Trust. Unless otherwise required by law, the illegality. invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust Successors and Assign. Subject to any limitations slated in this Deed of Trust on transfer of Trustofs interest, this Deed of Trust shah be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor•s successors wen reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Tmstor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically staled to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America Words and terns used in the singular shall Inctude the plural. and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. Beneficiary. The wod'Beneficiary means Wells Fargo Bank. National Association, and its successors and assigns. Borrower. The word 'Borrower' means M d M Development. LLC; and Encinitas Country Day School, Inc. and includes all co-signers arid co-makers signing the Note and all their successors and assigns. Deed of Trust. The words 'Deed of Trust' mean this Deed of Trust among Truslor. Lander, and Trustee, and inUudes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default The word - Default' means the Default set forth in this Deed of Trust in the section tilled *Default'. Environmental Laws. The words 'Environmental Laws' mean any and all state, lederal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, Of seq. ('CERCLA'), the Suporfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ('SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resourra Conservation and Recovery Act. 42 U.S.C. Section 6901, at seq., Chapters 6.5 through 7.7 of Division 20 of the California Health and Safety Code, Section 25100, M seq., m other applicable state or federal laws, rules, o regulations adopted pursuant thereto. Even of Default. The words 'Event of Default' mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Guarantor. The word 'Guarantor means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The wod'Guaranry means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Subsanoes. The words 'Hazardous Substances' mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristic, may cause or pose a present or potential hazard to human health o the environment when improperly used, treated. stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances' are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term 'Hazardous Substances' also includes, without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos. Improvements. The word 'improvements' means all existing and future improvements. buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtadneas. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents. together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Truslor's obligations or expenses incurred by Trustee or Lender to enforce Truslors obligations under this Dead of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender' means Wells Fargo Dank, National Association, its successors and assigns Note. The wad 'Note' means the promissory nore dated June 10, 2010, In the original principal amount of $3,636,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement- Personal Property. The words 'Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached a affixed to the Real Property; together with all accessions. parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The wad 'Property means collectively the Real Property and the Personal Property DEED OF TRUST (Continued) 3319 Page 12 Real Prop". The words 'Real Property mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, ban agreements, security agreements, mortgages, deeds of trust, security deeds. collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in cannecbw with the Indebtedness, except that the words do not mean any guaranty or environmental agreement, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future leases, rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property together with the cash proceeds of the Rents. Trustee. The word 'Trustee' means American Secunbes Company, a corporation, whose address is do California SBA Lending Office, 121 S. Market Street, 6th Floor, San Jose, CA 951132209 and any substitute or successor trustees. Trustor. The word'Trustor' means M 3 M Development, LLC. TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS. TRUSTOR: M 8 M LOPMEN LLC Gob" O vis, Prager o M a M Developmem, Lie �n j' CERTIFICATE OF ACKNOWLEDGMENT STATE OF 0" � 1 �'ry ,� /� ) SS COUNTY OF .71A'rL 0tev ) 1/��(1f �y��/.,�.�7 On ") ® before me. Va--' � 146 t Gdg, 1VU r (A -f"'I � iLb Ui.l (here insert name and title of the ) personally appeared Geoffrey O. Mavls, who proved to me on the pagis of satisfactory evidence to bid a pemm(s) whose name(s�re subscribed //W1p,,��,-th�e within instrument and acknowledged to me that hetihey executed the same in lHis1herMeir authorized capau les), and that bytrli erAhelf signature($) on the instrument the person or the entity upon behalf of wT the person(s) acted, executed the instrument ��J//l I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 5 We and ccmed. ARI HATFIELD CCDl11, . A 1115898 WFFNESS my hand and official seal. (fl rrolu$.ui auc MR019 �CaY M, Cpr. [,, J,,. 1� t. Ht?1 Signature 5• --••• -^ (Seat) DEED OF TRUST (Continued) (DO NOT RECORD) REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To , Trustee 3320 Page 13 The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Dead of Trust), and to reconvey, without warranty, to the parties designated by the temts of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reeonveyance and Related Documents lo: Dab: Beneficiary: By: Its: LASER PRO Lending, Ver. 5.50.00.006 Co ir. Harland Financial Solutions, Inc. 1997, 2010. All Rghts Reserved. - CA X%LPSBAICFILLPL%G01.FC TR -10327 PR-689 ` RECORDED AT THE REQUEST OF CHICAGO TITLE COMPANY SUBDIVISION DEPT. Wells Fargo Bank, National Association SBA Lending 121 S Market Street, 6th Flop San Jose, CA 95113-2209 WHEN RECORDED MAIL TO: 1 Wells Fargo Bank National Association SBA . DOG Loan Ops - Recorded Dora 3 L P O Boa 659713 San Antonio, TX 78265-9827 a 0 c # 2011- 0283808 11111111 NI 11111 Illli IIIII II III IIIII IIIII 1111111111 Illli 111!1 IIII IIII MAY 23, 2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDEHS OFFICE Ernest J. Dumenburg. Jr., COUNTY RECORDER FEES: 54.00 DA: I PAGES: 13 1 111111 IIIII IIIII Oln IIIIS WII � UII � HXI � � IIW III IIII III IIII FOR RECORDER'S USE ONLY A3bo2o31`1 -usD I■ mllssamlaulnikmrmrsoulm�btnnmloHMtamR 200126531633600235 DEED OF TRUST THIS DEED OF TRUST Is dated June 10, 2010, among M & M Development, LLC, a California Limited Liability Company, whose address is 3616 Manchester Avenue, Encinitas, CA 92024 ("Trustor "); Wells Fargo Bank, National Association, whose address is SBA Lending, 121 S. Market Street, 6th Floor, San Jose, CA 95113 -2209 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Ameriran Securities Company, a corporation, whose address is clo Califomia SBA Lending Office, 121 S. Market Street, 6th Floor, San Jose, CA 95113 -2209 (referred to below as "Trustee "). CONVEYANCE AND GRANT. Fair valuable consideration, Trusty irrevocably grants, transfers and assigns to Trustee In trust, with power of sale, for the benefit of Lander as Beneficiary, all of Troslor's right, title. and interest in and to the following described real property, together with ail existing or subsequently erected or affixed buildings, improvements and fixtures: all easements. rights of way, and appurtenances, all water, water rights and ditch rights (including stork in utilities with ditch or irrigation fights), and all other rights. limitation royalties, and profits relating to the real property. including without all minerals, od. gas geothermal . geothe aril similar matters, the "Real Property ") located in San Diego County, State of California: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. The Real Property or its address Is commonly known as 3616 Manchester Avenue, Encinitas, CA 92024 The Assessors Parcel Number for the Real Property Is 262 -073 -24. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) ail of Ti right, title, and interest in and to all present and future leases of are Property and all Rents from the Property. This is an absolute assignment of Rents made in connection with an obligation secured by real property pursuant to California Crud Code Section 2938. In addition. Trustor grants to Lender a Uniform Commercial Code seventy merest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF THE TRUSTOR UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Twstor warants that (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender: (b) Trusty has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do cal conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor, (d) Trustor has established adequate means of obtaining from Borrower on a continuing basis Information about Sorower's financial condition; and (e) Lender has made no representation to Trusts about Borrower (including without limitation the creditworthiness of Borrower). TRUSTOR'S WAIVERS. Except as prohibited by applicable law. Trustor waives any right to require Lender to (a) make any presentment, protest, demand, or notice of any kind, including notice of change of any terms of repayment of the Indebtedness, default by Borrower or any other guarantor or surety, any action or nonedion taken by Borrower. Lender, or any other guarantor or surety of Borrower, or the creation of new or additional Indebtedness, (b) proceed against any person, including Borrower. before proceeding against Tni (c) proceed against any collateral for the Indebtedness, inducting Borrower's collateral. before proceeding against Trustor, (d) apply any payments or proceeds received against the Indebtedness in any order, (e) give notice of the terms, time, and place of any sale of any collateral pursuant to the Uniforn Ccmmemal Code or any other law governing such sale (f) disclose any information about the Indebtedness, Borrower, any collateral, or any other guarantor or surety, or about any action or nonacuon of Lender, or (g) pursue any DEED OF TRUST (Continued) 3327 Page 2 or surety or any other person; (i) the cessation from any cause whatsoever, other than payment in full. of the Indebtedness; 0) the application of proceeds of the Indebtedness by Borrower for purposes other than the purposes understood and intended by Truslor and Lander, (k) any act of omission or commission by Lander which directly or indirectly results in or contributes to the discharge of Borrower or any other guarantor or surety, or the Indebtedness, or the loss or release of any collateral by operation of law or otherwise; (1) any statute of limitations in any action under this Deed of Trust or on the Indebtedness; or (m) any modification or change in terms of the Indebtedness, whatsoever, including without limitation, the renewal, extension, acceleration, or other change in the time payment of the Indebtedness is due and any change in the Interest rate. Trustor waives all rights and defenses arising out of an election of remedies by Lender, even though that election of remedies, such as nonyudicial foreclosure with respect to security for a guaranteed obligation, has destroyed Trustors rights of subrogation and reimbursement against Borrower by the operation of Section 5804 of the California Code of Civil Procedure. or otherwise. Tmstor waives all rights and delenses that Trustor may have because Borrowers obligation is secured by real property. This means among other things: (1) Lender may tolled from Tmstor without first foreclosing on any real or personal property collateral pledged by Borrower. (2) If Lender forecloses on any real property collateral pledged by Borrower. (A) The amount of Borrower's obligation may be reduced onty by the price for which the collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale pnce. (6) Lender may collect from Trustor even if Lender, by foreclosing on the real property collateral, has destroyed any right Trustor may have to collect from Borrower. This is an unconditional and irrevocable waiver of any rights and defenses Trustor may have because 6orrowefs obligation is severed by real property. These rghts and defenses include, but are not limited to, any rights and defenses based upon Section SWa. 580b. 5804, or 726 of the Code of Civil Procedure. Trustor understands and agrees that the foregoing waivers are unconditional and irrevocable walvers of substantive rights and defenses to which Trustor might otherwise be entitled under state and federal law. The fights and defenses waived Include, without limitation, those provided by California laws of suretyship and guaranty, anti-deficiency laws, and the Uniform Commercial Code. Trustor acknowledges that Truslor has provided these waivers of rights and defenses with the intention that they be fully relied upon by Lender. Trustor further understands and agrees that this Deed of Trust is a separate and independent contract between Truslor and Lender. given for fug and ample consideration, and is enforceable on its own terms. Until all Indebtedness is paid in full, Trustor waives any right to enforce any remedy Trustor may have against Borrowers or any other guarantor, surety, or other person, and further, Trustor waives any right to participate in any collaterat for the Indebtedness row or hereafter hell by Lender. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness seared by this Deed of Trust as it becomes due, and Borrower and Tmstor shall perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE Of THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Defaua. Truslm may (1) remain in possession and control or the Properly; (2) use, operate or manage the Property; and (3) tolled the Rents from the Property. Duty to Maintain. Tmstor shall maintain the Properly in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Truslor represents and warrants to Lender that. (1) During the period of Trusloes ownership of the Property, there has been no use generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that them has been, except as previously disclosed to and acknowledged by Lender in writing. (a) any breach or violation of any Environmental Laws. (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or ocxipams of the Property.. or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Tmstor nor any tenant, contractor, agent m other authorized user of the Property shag use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such adlNly shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Truslor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Truslor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lenders purposes only and shall not be oonstrued to create any responsibility or liability on the pan of Lender to Trustor or to any otter person. The representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Tmstor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Truslor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend. and hold harmless Lender against any and all claims, losses, liabilities, damages. penalties. and expenses which Lender may directly or indirectly sustain or sugar resulting from a breach of this section of the Deed of Trust or as a consequence of any use. generation, manufacture. storage. disposal, release or threatened release occurring prior to Trustors ownership or interest in the Property, whether or not the same was or should have been known to Tmstor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the sabsfadion and reconveyance of the lion of this Dead of Trust and shall not be affected by Lenders acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor shag not cause, conduct or permit any nuisance nor commit, permit. or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing. Truslor will not remove. or grant to any other party the tight to remove. any timber, minerals (including oil and gas), coal, day, scoria, soil, gravel or rode products without Lenders prior written consent. Ramoval of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lenders prior written consent. As a condition to the removal of any Improvements, Lender may require Tmstor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. 3328 DEED OF TRUST (Continued) Page 3 Lenders Rlpltt to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable times to attend to Lenders interests and to inspect the Real Property for purposes of Trustors Compliance with the terms and renditions of this Deed of Trust. Compliance with Governmental Requirements. Trustor shall promptly Comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans Wth Oisablltbes Ad. Truster may contest in good faith any such law, Ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Truster has notified Lender in writing prior to doing so and so long as. in Lenders sole opinion, Lenders interests in the Property are not jeopardized. Lender may require Tn lStOr to post adequate seventy or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to those arts set forth above in this seclion, which from the character and use of he Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option. declare enmediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lenders prior written consent, of as or any part of the Real Property, or any interest in the Real Property. A "sale Or transfer' means the conveyance of Real Property Or any right, title or interest in the Real Property: whether legal, beneficial or equitable; whether voluntary or involuntary: whether by outright sale, deed, installment sale contract, land Contract, Contract for deed, leasehold interest with a tens greater than Irkee (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any charge in ownership of more than twenty-five percent (25 %) of the voting stock, partnership interests or limited liability company interests, as the rase may be, of such Truster. However, this option shall not be exercised by Lender if such exercise is prohibited by applicable law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Tustor shall pay when due (and in all events at least ten (10) days prior to delinquency) all taxes. special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all hens having priority over or equal to the interest of Lender under this Deed of Trusl, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises Or is filed as a result of nonpayment, Truster shall within fifleen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the filing, Secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Tmslor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Tnuslor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate govemmentai official to deliver to Lender at any lime a written statement of the taxes and assessments against the Property . Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanics lien. materialmen's lien, or other lien could be asserted on account of the work, services, a materials. Tmslor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the Cast of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring tthe Property are a part of this Deed of Trust Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause. and with a standard mortgagee clause in favor of Lender. Tmstor shall also procure and maintain comprehensive general liability insurance in so& coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Tustor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Notwithstanding the foregoing, In no event shall Tmstor be required to provide hazard insurance in excess of the replacement value of the improvements on the Real Property. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the polices or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender Faith insurance policy also shall irtclude an endorsement providing that coverage in favor of Lender will not be Impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, TruslOr agrees to obtain and maintain Federal Flood Insurance, if available. within 45 days after notice is given by Lender that the Property m located in a special flood hazard area, for the full unpaid principal balance of the loan and any Liner teens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the temp of the ban. Application of Proceeds. Truster shall promptly notify Lender of any loss or damage to the Properly. Lender may make proof of loss If Truster fails to do so within fifteen (15) days of the casualty. If in Lenders sale judgment Lenders sacurity interest in the Property has been impaired, Lender may, at Lenders election, receive and retain the proceeds of arty insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If the 3329 DEED OF TRUST (Continued) Page a proceeds are to be applied to resturation and repair, Truster shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Truster from the proceeds for the reasonable cost of repair or restoration if Truetmr is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipl and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under (his Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as Trustors interests may appear. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is In effect, compliance with the insurence provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to the extent compliance with the terns of this Deed of Trust would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds shall apply only to that portion or the proceeds not payable to the holler of the Existing Indebtedness. Tnrstors Report on Insurance. Upon request of Lender, however not more than once a year, Truster shall furnish to Lender a report on each existing policy of insurance showring: (1) the nanre of the insurer, (2) the risks insured; (3) the amount of the policy, (4) the property Insured, the than current replacement value of such property, and the manner of determining that value: and (5) the expiration date of the policy. Truster shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the rash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lenders interest In the Property or If Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustors failure to comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust of any Related Documents, Lender on Truslors behalf may (but shall no( be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time loved or placed on the Property and paying all costs for insuring. maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear Interest at the tale charged under the Note from the date Insured or paid by Lender to the date of repayment by Truster. All such expenses will become a part of the Indebtedness and, at Lenders option, will (A) be payable on demand, (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will severe payment of these amounts Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Truster warrants that (a) Trustor holds good and marketable title of record to the Property in fee simple, free and dear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by. Lender in connection with this Deed of Trust, and (b) Truster has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above. Trustor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustors title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustors expense. Truslor may be the nominal party in such proceeding, but Lender shall bit entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lenders own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to lime to permit such participation. Compliance With Laws. Trustor warrants that the Property and Trustoes use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Wamarrdes. All representations, warranties, and agreements made by Trusto in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature. and shall remain in full force and effect until such Lime as Borrowers Indebtedness shall be pad in fug. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust Existing Ulm. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor expressly covenants and agrees to pay. or sea to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modification. Truster shall not enter into any agreement with the holder of any mortgage, deed of trust, or other seventy agreement which has priority over this Deed of Trust by which that agreement is modified, amended. extended. or renewed without the prior written consent of Lender. Trustor shall neither request nor accept any future advances under any such seventy agreement without the prior wnten consent of Lender. CONDEMNATION. The following provisions relating to eminent domain and inverse condemnation proceedings are a part of this Deed of Tril Proceedings. If any eminent domain or inverse condemnation proceeding is commenced affecting the Property, Truster shay promptly nolity LaMar In writing, and Trustor shall promptly take such steps as may be necessary to pursue or defend the acion and obtain the award. Trustor may be the nominal parry in any such proceeding, but Lender shag be entitled, at its election. to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Truster will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If any award is made or settlement entered into in any condemnation proceedings affecting all or any part of the Property ce by any proceeding or purchase in lieu of condemnation, Lender may at its electron, and to me extent permlmnd 3330 DEED OF TRUST (Continued) pope 5 by law, require that all or any portion of the award or settlement be applied to the Indebtedness and to he repayment W all reasonable costs, expenses, and attonheys' fees incurred by Trustee or Lender in connection with the concentration proceedings. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a pan of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender. Truster shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Truster shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation as taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific lax upon this type of Deed of Trust o upon all or any pan of the Indebtedness secured by this Deed of Trust (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note, and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety band or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement am a part of this Deed of Trust: Security Agreement This instrument shall constitute a Security Agreement to the extent any of the Property consttules fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from brine, to time. Security Interest. Upon request by Lender, Trustor shall take whatever action Is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. Truster shall reimburse Lender for all expenses incurred in perfecting or continuing this seventy interest. Upon default. Truster shall not remove, sever or detach the Personal Property from the Property. Upon default. Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Truston (dehto) and Lender (secured party) from which information concarrkng the secunty interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in -fad am a part of this Dead of Trust. Furth" Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made, executed o delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, rel or rerecorded, as the case may be, at such times and in such offices and places as Larder may deem appropriate, any and all such mortgages, deeds of must, serurtly deeds, security agreements, financing statements, continuation statements, instruments of rummer assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrowers and Trustors obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing. Trustor shall reimburse Lender for all costs and expenses incurred it connection with the matters referred to in this paragraph. Aftomey- In-Fact. If Trustor fails to do any of the things referred to in the preceding pamgraph. Lender may do so for and in the name of Trustor and at Truslors expense. For such purposes. Trustor hereby Irrevocably appoints Lender as Trusters aftomey-ln -facl for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desireble, In Lenders sole opinion, to accomplish the matters referred to in the preceding paragraph_ PARTIAL RELEASES. Lender shall execute partial releases of the lien of this Deed of Trust upon the following conditions. Wets Fargo does not allow partial releases without prior credit approval. FULL PERFORMANCE. If Borrower and Trustor pay as the Indebtedness, including without limitation all future advances, when due, and Trustor othenNse performs all the obligations imposed upon Truster under this Deed of Trust Lender shall execute and deliver Io Trustee a request for full reconveyarce and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lenders security interest in the Rents and the Personal Property. Lender may charge Trustor a reasonable mconveyance fee at the time of reconveyance. EVENTS OF DEFAULT. Each of the following, at Lenders option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower or Trustor fails to comply with or to perform any other tent obligation, covenant or condition contained in th -s Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Trustor. Compliance Default Failure to comply with any other tens, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. 3331 DEED OF TRUST (Continued) Page 6 Default in Few of Third Parties, Should Borrower or any Grantor default under any loan, extension of Credit, security agreement. purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrowers a any Grantors property a Borrowers ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Deed of Trust or any of the Related Docd,ments. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Truslor or on Borrowers or Trustors behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now w at the lime made or Furnished or becomes false Or misleading at any time thereafter. Defective Collateral"lon. This Deed of Trust or any of the Related Documents maces to be in Full force and effect (including failure of any collateral document to create a valid and perfected seventy, interest or lien) at any time and for any reason. Death or Insolvency- The dissolution or termination of Borrowers or Trustors existence as a going business, the insolvency of Borrower or Trui the appointment of a receiver for any pan of Borrowers or Truslors property, any assignment for the benefit of credllors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Truslor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method. by any Creditor of Borrower or Truster or by any governmental agency against any property searing the Indebtedness. This includes a garnishment of any of Borrowers or Trustors accounts, including deposit accounts, with Lender. However, Nis Event of Default shall not apply if there is a good faith dispute by Borrower or Truslor as to the validity or reasonableness of the daim which is the basis of the creditor or forfeiture proceeding and if Borrower or Tni gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate, reserve or bond for the dispute. Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or Trustor and Lender that is not remedied within any grow period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guammar dies a becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse Change occurs in Borrowers or Trustors financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is net made within the fime required by the promissory note evidencing such indebtedness, or a default occurs under the Instrument securing such indebtedness and is not cured during any applicable gram period in such instrument. or any suit or other action is commenced to foreclose any existing lien on the Property. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Elecdc n of Remedies. Elechon by Lender to pursue any remedy shag not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustors failure to perform, shall not affect Lenders right to declare a default and exercise its remedies. Foreclosure by Sale. Upon an Event of Default under this Deed of Trust, Beneficiary may dedare the entire Indebtedness secured by this Deed of Trust immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of delault and of election to muse to be sold the Property, which notice Trustee shall muse to be filed for record. Benefidary also shall deposit with Trustee this Deed of Trust. the Note, other documents requested by Trustee, and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of the notice of defauh, and notice of sale having been given as then required by law. Trustee. without demand on Truster, shall sell the Property at the lime and place fixed by It in the notice of sale, either as a whole or in separate parcels, and In such order as it may detarmine, at public auction to the highest bidder for cash in lawful money of the United States, payable at lime of sale. 1 mates may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time Ihereafter may postpone such sale by public announcement at the lime fixed by the preceding postponement in accordance with applicable law_ Trustee shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant cur warranty, express or implied. The recitals in such deed of any maters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor. Trustee er Beneficiary may purchase at such sale. After deducting all costs, lees and expenses 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 expended under the terns hereof. not then repaid. with accrued interest at the amount allowed by paw in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person on persons legal '.y entitled thereto. Judicial Foreclosure. With respect to all or any part of the Real Property, Lender shall have the right In lieu of foreclosure by power of sale to foreclose by judicial foreclosure in accordance wrath and to the full extent provided by California paw. UCC Remedies. With respect to aU or any pan of the Personal Property. Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code, Including without limitation the right to recover any deficiency in the manner and to the full extent provided by California paw. Collect Rents. Lender shall have the right, without notice to Borrower or Truslor to take possession of and manage the Property and collect the Rents, inUtding amounts past due and unpaid, and apply the net proceeds, over and above Lenders costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Trustor irrevocably designates Lender as Trustors atomey -n -fad to endorse instruments received in payment thereof in the name of Trustor and to negotiate the same and collect the 3332 DEED OF TRUST (Continued) Page 7 proceeds. Payments by tenants or other users to Lender in response to Lenders demand shag satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any pert of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lenders right to the appointment of a receiver shell exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from semnng as a receiver Tenancy at Sufferance. If Trustor remains in possession of the Property after the Property et sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower a Trustor. Tustor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lenders option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or In equity. Notice of Sale. Lender shall give Tustor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property Is to be made. Reasonable notice shall mean notice given at least len (10) days before the time W the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Borrower and Trustor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies. the Trustee or Lander shall be free to sell all or any pan of the Property together or separately, in One sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. If Lender institutes any suit w action to enforce any of the terns of this Deed of Trust, Lender shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial and upon any appeal Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expanses Lender incurs that in Lenders opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure unlit repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lenders attorneys' fees and Lenders legal expenses, whether or not there is a lawsuit, including attorneys fees and expenses for hanknup" proceedings (including efforts to modify or vacate any automatic stay Or injunction), appeals, and any anticipated post - judgment collection services, the cost of searching records, obtaining into reports including foreclosure reports), surveyors' reports, and appraisal fees. title insurance, and fees for the Trustee, to the extent oenmitted by applicable law. Trustor also will pay any court costs. In addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lander as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powan of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Truslor (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets Or other rights to the public; (b) join in graining any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obllgailons to Notify. Trustee shall not be obligated to notity any Other party of a pending sale under any other trust dead or lien, or of any action or proceeding in which Trustor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee Trustee. Trustee shag meet all quatificatia required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to forecose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Succnsor Trustee. Lender, at Lenders option. may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an insilrumenl executed and acknowledged by Lender and recorded in the office of the recorder of San Diego County, State of California. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender. Trustee, and Trustor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee. and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duty executed and acknowledged. is made a public record as provided by law. NOTICES. Any notice required to be given under this Deed of Trust shall be given in writing, and shall be effective when actually delivered, when actually received by telelarsimile (unless otherwise required by law), when deposited with a nationally recognised overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Truslor requests that copies of any notices of default and sale be directed to Trustors address shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any hen which has priority 3333 DEED OF TRUST (Continued) Page a over this Dead of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may Change its address for notices under this Deed of Trust by giving formal written notice to the other parties. specifying that the purpose of the notice is to change the parry's address. For notice purposes, Tmslor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Tmstor, any notice given by Lender to any Truslor is deemed to be notice given to and Tmstom. STATEMENT OF OBLIGATION FEE Lender may collect a fee, not to exceed the maximum amount permitted by taw, for furnishing the statement of obligation as provided by Sedan 2903 of the Civil Code of California. CONSENT TO SELL LOAN. The parties hereto agree. (a) Lender may sell or transfer all or pan of this iaan to one or more purchasers, whether related or unrelated to Lender, (b) Lender may provide to any purchaser, or potential purchaser, any information or knowledge Lender may have about the parties or about any other matter relating to this ban obligabon, and the parties wahve any rights to privacy it may have with respect to such matters; (c) the purchaser of a ban will be considered its absolute owner and will have all the rights granted under the loan documents a agreements governing the sale of the ban; and (d) the purchaser of a ban may enforce Its interests irrespedrve of any claims or defenses that the parties may have against Lender. FACSIMILE AND COUNTERPART. This documenl may be signed in any number of separate copies, each of which shall be effective as an original, but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document a any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution. ARBITRATION AGREEMENT. Arbitration - Binding Arbitration. Lender and each party to this agreement, hereby agree, upon demand by any party, to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration Program. A'Dispute' shall induce any dispute, claim or controversy of any kind, whether in contract or in loll, legal or equitable, now existing or hereafter arising, totaling in any way to any aspect of this agreement. or any related agreement incorporating this Arbitration Program (the 'Docurnents'), cir any renewal, extension, modification or refinancing of any indebtedness cr obligation relating thereto. including without limitation, their negotiation, execution. collateralization, administration, repayment, modibrauon, extension, substitution, formation, inducement. enforcement, default or termination. DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT BY A JUDGE OR JURY. A. Goveming Rules. Any arbitration proceeding will (i) be governed by the Federal Arbitration Act (Title 9 of the United States Code), notwithstanding any conflicting choice of law provision in any of the documents between the parties; and (ii) be conducted by the Amencan Arbitration Association ('AAA'), or such other administrator as the parties shall mutually agree upon, in accordance with the AAA's commercial dispute resolution procedures. unless the claim or counterclaim is at least $1,000.000.00 exdusrve of claimed interest, arbitration fees and costs in which case the arbitration shall be conducted in accordance with the AAA's optional procedures for Large, complex commercial disputes (the commercial dispute resolution procedures or the optional procedures for large, complex commercial disputes to be referred to herein, as applicable, as the 'Rules'). If there is any inconsistency between the terms hereof and the Rules, the terms and procedures set forth herein shall control. Arbitration proceedings hereunder shall be conducted at a location mutually agreeable to the parties, or if they camel agree, then at a location selected by the AAA in the slate of the applicable substantive law primarily govemug the Note. Any parry who fails or refuses to submit to arbitration following a demand by any other party shall bear all costs and expenses incurred by such other party in compelling arbitration of any Dispute. Arbitration may be demanded at any lime, and may be compelled by summary proceedings in Court. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, in cArding the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. The arbitrator shall award all costs and expenses of the arbitration proceeding. Nothing contained herein shall be deemed to be a waiver by any party that is a bank of the protections afforded to it under 12 U.S.C. Section 91 or any similar applicable state law. B. No Waiver of Provisional! Ramedles, SaN4lelp and Famlosum. The arbitration requimmonl does not limit the night of arty parry to (i) foreclose against real or personal property collateral, (u) exercise self -help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (ii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any parry to submit any Dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (i). (ii) and (ill) of this paragraph. C. Arbitrator Qualifications and Powers. Any arbitration proceeding in which the amount in controversy is $5,000,000.00 or less will be decried by a single arbitrator selected according to the Rules, and who shall not render an award of greater than $5,000,000.00. Any Dispute in which the amount in controversy exceeds $5,000,000.00 shall be decided by majonty vote of a panel of three arbitrators; provided however. that all three arbitrators must actively participate in all hearings and deliberations. Every arbitrator must be a neutral practicing attorney, or a retired member of the stale or federal judiciary, in either rase with a minimum of ten years experience in the substantive law applicable to the subject matter of the Dispute. The arbitrator will determine whether or not an issue is arbitratabie and will give effect to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents only or with a hearing at the arbitrator's discretion) any pre - hearing motions which are similar to motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall resolve all Disputes in accordance with the applicable substantive law and may grant any remedy or relief that a court of such slate could order or grant within the scope hereof and such ancillary relief as is ntYCSsary to make effective any award. The arbitrator shall also have the power to award recovery of all costs and fees. to impose sanctions and to lake such other action as the arbitrate deems necessary to the same extent a judge could pursuant to the Federal Rubs of Civil Procedure, the applicable slate rules of civil procedure, or other applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The instlution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall rot constitute a waiver of the right of any party, including the plaintiff, to submit the controversy, or claim to arbitration if any other parry contests such action for judicial relief. D. Discovery. In any arbitration proceeding discovery will be permitted in accordance writh the Rules. All discovery shall be expressly limited to matters directly relevant to the Dispute being arbitrated and must be completed no later than 20 days before the neanrg date. Any requests for an extension of the discovery periods, or arty discovery disputes, will be subject to final determination by the arbitrator upon a showing that the request for discovery is essential for the parry's presentation and that no alternative means for obtaining Inlormabon is avalade. DEED OF TRUST (Continued) 3334 Page 9 E. Class Proceedings and Consolidations. No party shall be entitled to join or consolidate disputes by or against others who are not parties to this agreement or related Documents In any arbitration, or to include in any arbitration any dispute as a representative or member of a class. or to act in any arbitration in the Interest of the general public w in a private attorney general capacity. F. Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall take all action required to conclude any arbitration proceeding within 180 days of the filing of the Dispute with the AAA. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. If more than one agreement for arbitration by or between the parties potentially applies to a Dispute, the arbitration provision most directly related to the Documents between the parties or the subject matter of the Dispute shall control. This arbitration provision shall survive the repayment of the Note and the termination, amendment or expiration of any of the documents or any relationship between the parties. G. State-Specific Provisions. If California law oovemix the Dispute. the following provision is inclutled:b Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, ro Dispute shall be submitted to arbitration if the Dispute concerns indebtedness secured directly or Indirectly. in whole or in pan, by any real property unless (i) the holder of the mortgage, lien w seventy interest specifically elects in writing to proceed with the arbitration, or III) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of California, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and security interests searing such indebtedness and obligations, shall remain hilly valid and enforceable. If any such Dispute is nor submitted to arbitration, the Dispule shall be referred to a referee in accordance with California Code of Civil Procedure Section 638 of seq.. and this general reference agreement is intended to be speclficelly enforceable in accordance with said Section 638. A referee with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a referee shall be entered in the court in which such proceeding was cornmenced in accordance with California Code of Civil Procedure Sections 644 and 605. Small Claims Court Any party may require that a Dispute be resolved in Small Claims Court if the Dispute and related claims are fully within that Court's jurisdiction. N Idaho law governs the Disra , the following provision is mi:"ed. Real Property Collateral. Notwithstanding anything retain to the contrary. no Dispute shall be submitted to arbitration if the Dispute concems indebtedness secured directly or indirectly, in whale or in part. by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, Or (III all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of Idaho, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, 'lens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable. If Montane law gavems the Dlsnule, the following provision is included: Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be Submitted to arbitration if the Dispute concerns indebtedness severed directly or indirectly, in whole or in part, by any real properly unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of Montana, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and security interests searing such indebtedness and obligations, shall remain fully valid and enforceable. If Nevada law oovems the Dispute, the following provision Is included: Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concerns indebtedness seared directly or indirectly, in whole w in part, by any real properly unless (I) the holder of the mortgage, lien or security interest specifically elects In writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might acwe to them by virtue of the single action rule statute of Nevada, thereby agreeing that all indebtedness and obllgations of the parties, and all mortgages, liens and seamy interests searing such indebtedness and obligations, shall remain fully valid and enforceable. N South Dakota law governs the Dispute, the following provision is Included: Real Property Collateral. Notwithstanding anything herein to the contrary. no Dispute shall be subndted to arbitration if the Dispute concerns indebtedness seared directly or indirectly, 0 whole or in part, by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by vinue of the single action rule statute at South Dakota. thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and security interests searing Such Indebtedness and obligations. shall remain fully valid and enforceable. M Utah law cenn ms the Dispute, the following provision is Included: Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concems indebtedness seared directly or indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of Utah, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and security interests searing Such indebtedness and obligations, shall remain fully valid and enforceable. If any such Dispute is not submitted to arbitration, the Dispute shall be Meted to a master in accordance with Utah Rule of Civil Procedure 53, and this general reference agreement is intended to be specifically enforceable. A master with the qualifications required herein for ardtrelors shelf be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a master shall be entered in the court in which such proceeding was commented in accordance with Utah Rule of Civil Procedure 53(e). SBA ARBITRATION. The pelves specifically agree that the provisions of this Arbitration Program are not applicable to any dispute between any party and the U.S. Small Business Administration (the "SBA'). including but not limited to, any dispute with the SBA after purchase of the loan by the SBA. 3335 DEED OF TRUST (Continued) Page 10 ARBITRATION CALIFORNIA STATE SPECIFIC. If California law governs the Dispute, the folkwring provision is included. A AReal Property Collateral, Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concerns indebtedness seared directly or indirectly, in whole or in part, by any real property unless the holder of the mortgage, lien or saanty interest specifically elects in writing to proceed with the arbitration. If any such Dispute is not submitted to arbitration, the Dispute shall, at the election of any parry, be refened to a referee in accordance with Califomw Code of Civil Procedure Section 638 at seq., and this general reference agreement is intended to be specifically enforceable in accordance with said Section 638. A referee with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's selection procedures Judgment upon the decision rendered by a referee shall be entered in the court in which such proceeding was cornmenced in accordance with California Code of Civil Procedure Sections 644 and 645. ENCUMBRANCES. GrantorlMortgagorrTrustor shall not, without Lender's consent, mortgage, assign, grant a lien upon or security interest in, or otherwise encumber the Property or any interest in the Properly, or allow such a lien or security interest to exist or arise. whether voluntarily. involuntanly or oy operation of law, except for liens and security interests in favor of Lender, or property taxes attributable to the Property which are not past due. APPRAISALS, FEES AND EXPENSES. Grantorfrrustor agrees mat Lender may obtain appraisals and reappraisals and perform prooerty evaluations and appraisal reviews of the Real Property when required by the regulations of he Federal Reserve Board or the Office of the Comptroller of the Currency, or any other regulatory agency. or at such other times as Lender may reasonably require. Appraisals shall be performed by an independent third party appraiser selected by Lender, property evaluations and appraisal reviews may be perforrred by third party appraisers or appraisers and staff of Lender The fees, expenses and other cost of such appraisals, reappraisals, property evaluations and appraisal reviews shall be paid by Gramorfrrusor. In addition, GrantoryTrustor shall be responsible for payment of all fees and expenses of Lender and third parties relating to inspecting he Real Property, environmental review, title policies and endorsements (or title searches, abstracts of title or legal opinions of title where applicable). and monitoring the payment of property taxes, and any governmental taxes, fees and recording costs relating to this deed. LEASES AND RENTS. GrantorrTrustodMortgagor presently assigns to Lender all of GrardorTTrustor/Mortgagors right, tide and interest in and to all present and future leases of the Property and all rents Irom the Property. This Assignment of Rants is given to secure (A) Payment of the Indebtedness and (B) Performance of any and all obligations under the Note and Morgage/Deed of Trust. Granlor/TruslorlMortgagoes present assignment to Lender hereunder is of all present and future leases includes ad leases. licenses, rental agreements and other agreements of any kind relating to the use or occupancy of any of the Property, together with all guarantees of and security for any tenant's perlomhance, and all extensions, renewals and modifications thereto (as used in this paragraph, each. a tease" and collectively, the 'Leases'), together with any and all Rents from the Property. This assignment shall not impose upon Lender any duty to produce Rents, nor cause Lender to be a 'mortgagee in possession,' or responsible for performing any of the obligations of the lessor under any Lease. Lender confers upon Grantor/Trustor/Mortgagor a license to coiled and retain the Rents as they come due. until the occurrence of any Event of Default, at which lime the license shall be automatically revoked, and Lender, or its designated agent may, at its option and without notice. make, cancel, enforce or modify any Lease or Rents, collect Rents and do any acts which Lender deems proper to protect the security hereof or exercise any other right or remedy hereunder. GrantodTrusior/Mortgagor represents and warrants that there exists no malenal default under present Leasas and that those Leases are in full force and effect. Lender, at its option and without notice, may notify any tenant of this assignment of the Leases and Rents. GrantorRrustor/Mortgagor agrees, at its expense, (i) to comply with and enforce all the terms and conditions under each Lease, and defend in any action In connection with any Lease, (ii) not to modify any Lease in any material respect, nor accept surrender under or terminate the term of any Lease, nor waive or release any tenant under any Lease', (iii) not to andcpale the Rents under any Lease. and Qv) to give prompt notice to Lender of any default by any tenant under any Lease, and of any notice of default m the part of Grantor/1 rustor/Mortgagor under any Lease received from a tenant. Should Grenton7rustor/Morlgagor fail to do any act required to be done by GrenlorrTruslorfMortgagor hereunder, then Lender, at its option and without notice. may make or do the same in such manner and to such extent as Lender deems necessary to protect the security hereof. GrantorfTrustor/Mortgagor agrees to pay to Lender immediately upon demand all sums expended under the authority hereof, including reasonable anomeys' fees, together with interest thereon at the highest rate per annum payable under any Indebtedness, and the same, at Lenders option, may be added to the Indebtedness and secured hereby. CONDO/PUD ( DEED OF TRUST) . The following provisions apply if the Real Property has been submitted to unit ownership law or similar law for the establishment Of condominiums or cooperative ownership of the Real Property. A. Power of Atlomery. Trustor/Grantor grants an rrrevocabie power of attorney to Lender to vote in Lenders discretion on any matter that may come before the association of unit owners. Lender shall have the right to exercise this power of anomey only after Tmstors/Grantors defaut. however. Lender may decline to exercise this power as Lender sees fit. B. Inolunin". The insurance as required herein may be carried by the association of unit owners on Trustoes/Grantoes behalf, and the proceeds of such insurance may be paid to the association of unit owners for the purpose of repairing or reconstructing the Property. If not so used by the association, such proceeds shall be paid to Lender. C. Default. TrustorslGrarnors lailure to perform any of the obligations imposed on Trustor /Grantor by the declaration subrnitting the Real Property to unit ownership, by the bylaws of the association of unit owners, or by any rules or regulations thereunder, shad be an event of default under this Deed of Trust. If TnuslorslGrantor's interest in the Real Property is a leasehold interest and such property has been submitted to unit ownership, any failure by Trustor /Grantor to perform any of the obligations Imposed on TrustorlGrantor by the lease of me Real Property from its owner, any default under such lease which might result in termination of the lease as it pertains to the Real Property, or any failure of Trustor /Grantor as a member of an association of unit owners to lake any reasonable action within Tnrslors/Grantors power to prevent a default under such lease by the association of unn owners or by any member of the association shall be an Event of Default under this Deed of Trusl. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trust: Amendments, This Deed of Trust, together wilh any Related Documents, constitutes the enure understanding and agreement of the parties as to the matters set form in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 3336 DEED OF TRUST (Continued) Page it Annual Reports. If the Property is used for purposes other than Trustces residence, Trustor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Tri stoes previous fiscal year in such form and detail as Lender shall require . 'Net operating income' shall mean all cash receipts from the Property less all rash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and am not to be used to interpret or define the provisions of this Deed of Trust. Marger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the beneff of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extern not preempted by federal law, the laws of the State of Cafifomia without regard to Its conflicts of law provis ice. This Deed of Trust has been accepted by Lender in the State of California. Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be pint and several, and all references to Truslor shall mean each and every Trustor, and all refinences to Borrower shall mean each and every Borrower, This means that each Tmslor signing below is responsible for all obligations in this Deed of Trust. Where any one or More of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranlead under this Deed of Trust. No Werver by Lender. Lender shall not be deemed to have walved any rights under this Deed of Trust unless such waiver is given In writing and signed by Lender. No delay or omission on the part of Lender in cxenimng any right shall operate as a waiver of such right or any other night. A waiver by Lender of a provision of this Deed of Trust shag not prejudice or constitute a walver of Lendees right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Truslcies obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shag not constitute conlinuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Sevambility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance. that friding shall not make the offending provision illegal, invalid. or unenforceable as to any other circumstance. 11 feasible. the offending provision shall be considered modified so that It becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceabilfty, of any provision of this Deed of Trust shag not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Aaslgns. Subject to any limilalions stated in this Deed of Trust on transfer of Truslofs interest, this Deed of Trust Shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Tmstor, Lender, without notice to Trustor, may deal with Truslor's successor with reference to this Deed of Treat and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically staled to the contrary, all references to dotter amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shag include the singular, as the context may require. Words and terns not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in ire Uniform Commercial Code: Beneficiary. The word 'Beneficiary' means Wells Fargo Bank, National Association, and its successors and assigns. Borrower. The word'Boaowe' means M 8 M Development. LLC, and Encinitas Country Day School, Inc. and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words 'Deed of Trust' mean this Deed of Trust among Tnrslor, Lender, and Trustee, and intludes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default The word 'Default' means the Default set forth in this Deed of Trust in the section titled 'Default'. Environmental Laws. The words 'Environmental Laws' mean any and all state. federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response. Compensation, and Liability Act of 1980. as amended. 42 U.S.C. Section 9601, at seq. ('CERCLA'), the Superlund Amendments and Reauthorization Act of 1986, Pub. L. No. 99499 ('SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Secdorn 6901, at seq., Chapters 6.5 through 7.7 of Division 20 of the Callfomia Health and Safety Code, Section 25100, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words 'Event of Default' mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Existing Indebtedness. The words 'Existing Indebtedness' mean the indebtedness described in the Exislirg Liens provision of this Deed of Trust. Guarantor. The word "Guarantor- means any guarantor, surety, or accommodation party of any or all of the Indebtedness Guaranty. The word 'Guaranty' means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note 3337 DEED OF TRUST (Continued) Page 12 Hazardous Substarri The words 'Hazardous Substances' mean materials that, because of their Quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances' are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials a waste as defined by or listed under the Environmental Laws. The term 'Hazardous Substances' also includes. without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos. Improvements. The word 'Improvements' means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustore obligations or expenses incurred by Trustee or Lender to enforce Trustofs obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender' means Wells Fargo Bank, National Association, its successors and assigns. Note. The word 'Note' means the promissory rate dated June 1o, 2010, in the original principal amount of $1,950,000.00 from Borrower to Lender, together with ail renewals of, extensions of, modifications of, refinancings of. Consolidations of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Psnonal Property. The words - Personal Pmperty mean ell equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word 'Property' means collectively the Real Property and the Personal Property. Real Properly. The words 'Real Property' mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, seciinry agreements, mortgages, deeds of trust, security deeds, collaterel mortgages, and all other instruments, agreements and documents, whether now or here fl existing, executed in connection with the Indebtedness; except that the words do not mean any guaranty or environmental agreement, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word 'Rents' means all present and future leases, rents, revenues, income. Issues, myalties. profits, and other benefits denved from the Property together with the cash proceeds of the Rents. Trustee. The word ' Trustee' means American Secumies Company, a corporation, whose address is cJo California SBA Lending Office, 121 S. Market Street, 61h Floor, San Jose, CA 95113-22D9 and any substitute or successor trustees. Trustor. The word 'Trustor' means M E M Development, LLC- TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS, INCLUDING THE VARIABLE RATE PROVISIONS OF THE NOTE SECURED By THIS DEED OF TRUST. TRUSTOR: M 6 M DEVELOPHE! T C — By: Geoffrey is, nager o N & M Development. LLC 7CFEL06 DEED OF TRUST (Continued) Page 13 CERTIFICATE OF ACKNOWLEDGMENT STATE OF lJo ; 1 � p[� ) SS COUNTY 0. "__ /" ) On -(( . 200 before me, _. e of ( 40-,(6 mU d-nl P4(/'I(J t.1 C . (here insert name and title of thif offirar) Personally appeared Geoffrey O. Mavis, who proved to me on the ttMsis of satisfactory evdence to a persons) whose names re suburibed t{t/(r@ within instrument and acknowledged to me tha he/Ihay executetl the same m ernnair euthonzed capaaty .1b and that errtheir signatures) on the instrument the persons , or the entity upon behalf of whl the person(s) acted, executed the instrument- I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CARI HATFIELD WrTNESS my hand and official seal. N COYN.1 -CAIW N *DIARY Ditto ait"lWa so Oam Laurrr �� r'(,;'��,�jj��' ? \ u. core Fy. Le. tt. Mtt� signature �.Jzr �l /�'^{"1 1••• (Seal) (DO NOT RECORD) REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid In full) To . Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust All sums secured by this Deed of Trust have been fully paid arM satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to recomey. without warranty, to the parties designated by the terns of this Deed of Tw5l, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Dai Beneficiary: By: Its: LASER PRO Lending. Ver. 5.50.00.006 Copp. Hadand Finarxial Solutions, Inc. 1997, 2010. All Rights Reserved. - CA X:ILPSBAICFIILPL1G01 FC TR -10328 PR-689 t OIL RECORDED AT THE REQUEST OF CHICAQO TITLE COMPANY OrduSr Nit 'SUBDIVISION DEPT. Escrow No. Loan No. 386 -629.6002 WHEN RECORDED MAIL TO Ti Olga Cherkasov _p EDF RESOURCE CAPITAL, INC. �lJ 1050 Iron Point Road Folsom, CA 95630 292 R 300 22 2$ 2- Ll5o a o c ## 2011- 0424502 111111111111111111111111111111111111111111111111111111111111111111111 AUG 18, 2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE Ernest J. D lonenburg. Jr., COUNTY RECORDER FEES: 45.00 WAYS: 2 DA: 1 PAGES: 5 111111IIIIIIIIIIIIIIIIIIIIIIIIIII Hill III1111111 11IIIII1111IIIIIIIIIIIIIN DEED OF TRUST WITH ASSIGNMENT OF RENTS (This Deed of Trust contains an acceleration clause) This DEED OF TRUST, made August 4, 2011, between M S M Development, LLC, a California Limited Lfablltty Company, herein called TRUSTOR, whose address is 3616 Manchester Ave, Encinitas, CA 92024, FIRST AMERICAN TITLE INSURANCE COMPANY, a CalHomla corporation, herein called TRUSTEE, and EDF RESOURCE CAPITAL, INC., herein called BENEFICIARY, WITNESSETH: That Trustor does hereby give, grant, bargain, sell, warrant, convey, mortgage, transfer, grant a security interest in, set over, deliver, confirm and convey unto Trustee, in Trust, with Power of Sale and right of entry upon the terms and conditions of this Deed of Trust that property in the County of San Diego, State of California, as described in Exhibit A incorporated herein by reference, together with all buildings, structures, facilities and other improvements now or hereafter located on the property, and all building material, building equipment, supplies and fixtures of every kind and nature now or hereafter located on the property or attached to, contained in or used in connection with any such buildings, structures, facilities or other improvements, and all appurtenances and additions thereto and betterments, renewals, substitutions and replacements thereof, and the rents, issues and profits of all of the foregoing, owned by Trustor or in which Trustor has or shall acquire an interest, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) payment of the sum of $1,966,000.00 with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, (2) the performance of each agreement of Trustor incorporated by reference or contained herein and (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. If the Trustor shall sell, convey or alienate said property, or any part thereof, or any interest therein, or shall be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, without the written consent of the Beneficiary being first had and obtained, Beneficiary shall have the right, at its option, except as prohibited by law, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note evidencing the same, immediately due and payable. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1954, and in all other counties August 18, 1964, in the look and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE AWneQ. 1288 555 K.p 558 713 Pb 1028 379 SN 38 187 MP" 3 QN31 L.ka 437 116 Pk . 186 1307 sllki,w 506 782 Anuldor 133 138 Lenin 192 367 RAw.i4. 3778 3r7 s9 1287 621 B,me 1]3[1 613 Lw Ary.ls, TJ 78 874 :ucanwrto 5039 124 So 2067 427 Cauv.na bas 338 Madan 911 136 San Bmdo 300 105 3*w Sbw 1970 5B Co v 323 391 Mwin 1942 122 San B.mMEUw 8313 768 S ate 655 585 Ce COQ. 4681 1 mKim" 90 453 S.n Fmtl A804 596 TehKms 457 183 Dal Nora 101 50 vwxh a 667 99 Stn JosgA 2855 281 T*" 108 605 do El Dv.01 7 835 Mwwd low 753 San Luis 0040 1311 137 T,R.n 2530 100 Fn.ro 5052 6M Moeoc 191 93 Sw M.4o 4778 175 T„9kmr 177 160 GN 189 76 Morn 69 302 6454. B. . 2065 881 V.nR.a 2807 237 HLT 6 801 0 M-tb 357 239 S.nb Clan 6826 654 rob 769 16 kwr 1189 701 N" 104 712 a Cu¢ 1636 607 Yrb 395 893 185 672 N. 353 W GN Bw 831 K� 3756 690 Onrp 7182 18 San Oleo SERIES 5 Book 1954, Page 149774 10737 2927 DEED OF TRUST WITH ASSIGNMENT OF RENTS (Continued) PAGE 2 Shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said Subdivision A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. The Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulations: a) When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be construed in accordance with federal law. b) CDC or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any federal immunity from local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan. Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this instrument. TRUSTOR: M & M Development, LLC / By: a // . Geoffre . M le, Manager Stateof lrA6ris04"IA County of SA /E On AV &- 2 °/ / before me, rCGN 7 S F bit L Notary Pubic, personally appeared &)k . MAV I who proved to me on the basis of satisfactory evidence to be the person(4 Mime name(6iy xesubstnbed to the within instrument and acknowledged to me th I+ey executed the same ir�kMhee authorized capacity , and thatb�herlldev signature le) on the instrument the person(ij,, or the entity upon behalf of which the persontp) acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and tuned. WITNESS my hand and official seal. Signature ' - n IV 10737 RON J. SEGAL Camrunbn • 1928501 Notary Publk - Callfmr is San Diego County amycamm.Ex 9 rn Fib 21, 2015 (seal) 2928 Deed of Trust with Assignment of Rents PAGE 3 (Continued) EXHIBIT A THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN: 262- 073 -24 2929 DO NOT RECORD The following is a coq of Subdivisions A and B of the fictitious Dead of Trust recorded In each county In Calffontia as slated in the foregoing Deed of Trust and Incorporated by reference In said Deed of Trust as being a part thereof as 0 sat forth al lerpth therein. A. To protect the eecunty of this Deed of That. Truster agrees. (1) To keep sad property In good condition and repab; not lo remove a demolish any Wilding thereon; to complete or, restores promptly and in good and workmanlike manner any building which may be mrabucted, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefore; to comply with alt laws affecting sad property a requiring any alterations or Improvements to be made thereon; not to commit or permit waaste thereof, nit b rDrnmlt, suffer or permit any act upon rid property In violation of leerW. N cultivate, imgate, fertilize, fumigate, prune and do all other ads which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide. maintain and deliver to Beneficiary foe in3urence satisfactory to and with loss payable to Beneficiary. The amount deflected under airy the or other insurance policy may be applied by Beneficiary upon indebtedness severed hereby end In such Omer as Benefc/ary may detemvne. or at option of Beneddary the endre annum so collected or any part thereof may be released to Trustor. Such application, or release shall rot cum or, wake any default or notice of default hereunder a invalidate arty ad done pursuant to such notice. (3) To appear In and defend any action or proceeding purporting to effect the security hereof a the rights or powers of 8ene0dary or Trustee; and ro pay all mats and expenses, including cyst of evidence of title and attorneys fees In a nsasaable sum, in any such action o proceeding in which Beneficiary a Trustee may appear, and In any suit brought by Beneficiary to foreclose this Deed. (a) To pay at least fen days before delinquency all taus and assessments affecting Bald property, hduding assessments on appurtenant water stoG; when due, all encumbrances, charges and liens, with intereL on mid property or any pan thereof, which appear d be prior 10 or superior hereto; all costs, fees and ex must of this Tryst. Should Truslur, fail to make arty payment Or to do any act as heron provided, then Beneficiary a Trusere, but without obligation W to do and without notice to or demand upon Trustor and wftfhout releasing Truslor from any obfigalic n hereof, may make or do the same in such manner and to such extent as either may deem necessary to Protect the security thereof. Berhetdary a Trustee being authorized to enter upon said properly for such purposes; appear in and defend any action or proceeding purporting to aced the security hereof a the nghts or provers of Beneficiary a Trustee, pay, purchase, contest or compromise any encumbrance, Marge a ben ~ in the Judgment of either appears to be prior or superior hereto', and, in exercising any such powers, pay necessary expense, eimplq counsel and pay his reasOMde lees (5) To pay immediately and without dernand all sums so expended by Beneficiary or Trustee, with Interest from date of expendiaae at the amount allowed by Law in eflec at the date hereof, and to pay for arty statement provided for by law In effect at the date hereof regarding the obligation secured hereby arty amount demanded try Via Berxhdary riot to exceed the maximum allowed by law at the tbhe whop said statement is demanded. B r Is mutually agreed'. (1) That any award of damages in connedion with any condemnation for public use of or Injury to tied property or and Pan thereof is hereby assigned and Mao be pad to Beneficiary who may apply a release such moneys received by dm in the same manner and with the same effect as above Wbaded stir disposition of proceeds of fire or other Insurance . (2) That by accepting payment of any sum secured hereby after Its due date, Ber iefidary does nit waive hies right either to require prompt payment when due of all other sums so secured or to declare default for failure to to pay. (3) That at any time or from time b time, Witham liability therefoe and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of arty person for payment of the Indebtedness secured hereby, Trustee may remrwey any part of said property; consent to the making of any map a plat fhdeoF Join in granting any easement thereon; or Join in and extension agreement or any agreement subordlnatlng the lien o charge hereof. (a) That upon wm en request of fienehuary stating that all sums secured hereby have been paid, and upon surrender of this Deed and Bald rote N Trustee for canes adon and retention a other disposition as Trustee in its sole distinction may choose and upon payment of its fees. Trustee shall recetwey withod warranty, the property than held hereunder. The recitals in such remnveyance of any maim or fads shall be conclusive proof of the tuthfutness thereof. The Grantee in such remnveyance may be described as the person or persons legally entitled thereto. (5) That as addrawal security. Tnalon hereby gives to and tenders upon Beneficiary to right, power and authority, during the eentiruznoa of these Tnaa, to dolled the rents, issues end profns of III property, reserNng LM Trustor the right, poor to any defauh by Truster In paysriMt of any indebtedness seared hereby a in Performance of any agreement hereunder, b dialect and retain such rents, issues and profits as they become clue and payable. Vow any such deaWl. Beneficiary may at any tirhe without notice. either in person, Cy aged, of by a rerxiwv to be appointed by a court, and without regard lo Ore adequacy of any security for the indebtedness hereby seared, enter upon and take po tse usiam of said property m any pat thereof, in his own name sue for or tithe wise coiled such rents, issues. and profits. vich-4 g Nose past clue and unpaid, and apply the same. less costs and expernas of operation and coffecbon. Including reasonable attorneys fees, upon any indebu divan s seared hereby, and bh such order as Beneficiary may determine. The entering upon and taking possession of said property, the cdlecaon of such rents, Issues and profits and the application thereof as aforesaid, shall net cure a waive arty default a notice of default hereunder or Invalidate any ad done pursuant to such notice. (6) That upon default by Trustor in payment of any nclededness secured hereby or In performance of any agreement hereunder, Beneficiary may declare 90 sums secured hereby immediately due and payable by delivery to Trustec of wnllen declaration of default and demand for sale and of written notice of deauff and of election to cause to be sod sad propeM, which rot" Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee thb Deed, said rote and alt documents evidencing expenditures, segued hereby. Ater the apse of such time as may than be required by law balowing the recordation of said notice of defaulL and notice of sae having Dean given as than required by law, Trustee, without demand on Tustx, shalt sell said property at the time and place fixed by It In Said robot of sale. either as while a separate parcels. and in such order as n may determine, at pudic auction N tie hlpnesl bidder for cash in lawful money of the United States, payable at file of sal. Trustee may postpone sale of all or any portion of sad property by pudic announcement at such time and pace of sale, and from lime N bw thereafter may postpone Loch sale by Public annouaement at the time feed by the preceding postponement Trustee Mao delver to such purchaser as deed conveying the property, so sold. but wi0dut arty mvefant or warranty. exyress or bnplieo. The recitals In such deed of any matters or ads shall be conclusive prod of the Inuttulrhess tared. Any person, indWing Tnata. Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. 10737 DO NOT RECORD 2930 After deducting 11111 =13, feet, and expenses of Trustee and of this Trust, including cost of evdence of title in connection with sale, Trustee shall eppty Ore proceeds of sale to paytmll or. 80 sums expended under de terms hired, not then repaid, with accrued Interest at the amount allowed by law in effect at the date he red, all other sums then secured hereby, and the remaardar, it any. to the person or persons legally entitled dremso. (7) Beneficiary, w any zucceasw in ownership of any Indebtedness second hereby, may from emit to time, by Instrument In writing, substitute a successor or successors; to any Trustee rtaned herein w acting hereunder, which instrument, executed by the Beneficiary and duty acknow"ed and recorded in the office of the recorder of 09 county w counties where said property is situated, shall be conclusive proof d proper substitution of such successor Trustee w Trustees, who shall, without conveyance from tie Trustee predecessor, succeed to all its title, estate. rights, powers and duties. Said instrument must contain the name of the original Tmstw, Trustee and Beneficiary hereunder, the book and page where rub Deed is recorded and the name and address of the new Trustee. (a) That this Deed applies o. Inures to the Went of, and binds all pabes hereto, their heirs, legatees, devisees, adm Wstratws, executors, s isiirs are assigns. The term Beneficiary shall mean the comer and holder, including pledgees, of rue note secured hemOy, wluett+er w not named as Beneficiary herein. In this Deed, whenever tha tooted sa requires, the maacvlire gender Includes the feminine ardyw neuter, and rue singular numW includes the plural. (9) That Trustee accepts this Trust when this Deed, duty executed and acknowledged, is made a pudic record as provided M law. Trustee Is not obligated to May and party hereto Of pending sale under any oth et Deed of Trust Or of any action w proceeding In which Truster, Seneficiary or Trustee shall be a party unless brought by Trustee. TO REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) Trustee The undersigned la se legal owner and holder of the noo or notes, and all other Indebtedness secured by the "oirip Decd of Trust Said rote or notes, together with all Omer indebtedness secured by acid Deed of Trust, nave been fully paid and satisfied; and you am hereby requested and directed, on payment to you of any suns owing to you under the terms of said Dead of Test, to camel Bald note w rotes above mentioned, and all other evideroes of vdebteenasa secured by said Deed or Tort delivered to you herewith, together with the said Deed of Trust and o recd ty", without warranty, o the parties designated try the terms of sad Deed of Trust all the estate row held by you under fine same. Dated Plea" mall Deed of Trust Now and Reconveyel to 10737 August 20, 2015 505 -0704 -601 Hydrology Addendum No. 1, Phase 2, Parking Lot Expansion, Encinitas Country Day School(MUP 98 -039) The first phase of the Encinitas Country Day School(ECDS) was developed in 2005 -2006 per Grading Plans Grading Plans No. 6442 -G and No. 9200 -G prepared by BHA, Inc. and approved by the City of Encinitas. A copy of Sheets 5 & 7 of Grading Plan No. 6442 -G are enclosed. At that time, the proposed parking lot expansion(Phase 2) was shown on the grading plans and the hydrology study as "Optional Future Parking ". It was rough graded in accordance with Grading Plan No. 6442 -G. To provide stormwater treatment for the new paved parking lot area- Phase 2, we have designed the new parking lot to drain to the existing curb inlet on the east side of the existing parking lot. At this point the runoff will conveyed to the existing storm drain collection box, sand /oil separator and percolation system. bhA, Inc. Ronald L. Holloway RCE 29271 Expires 3/31/17 bhA Sa11NION310 L10 N01SIA10 9NI833N19N3 0 910Z ""6ti" �A 23Ra nx•n'u•E r ja PRIVATE QRW DRAIN IDATA fA ON WC eeGlS LEPC N HOOOE•at We' 4pa*4 I IVE a -SCee nl.a' 1Mspi- W o-ne5 HeNQ . 1CII o-am • HoPam n6a' 4ei0:- a o1c o-aro HOP•f]•1 lax IT D-3n0 e •.AM' •101[ FaeeO H b�q iH IArt .9@ VI1111.m ® PLAN STORM DRAIN a bNa tn�c,. w m o a eo Ix WW plw� SITS .1f 1M'J. CNON.S SCAjI 1' . AC CANE •L (no) 031-ewa aE... uwos eon �oo�ls eon BENCHMARK SCALE PUNNING 8 BUILDING APPROVALS CITY OF ENCINITAS ENGINEERING DEPARTMENT DRAWING N0. !HOOUwraul „y_ _ ��. �., w•�� owls PUP&M Min m surolvsloN oI R6COYIRMDm� ePP OIPROVIMER PUN roB 11UP 08 -O3D aNwplAw _ _ -., W.o .anelsl� �„�' -M an:lce"a W.- _ ENCINITAS COUNTRY DAY SCHOOL -- - -_"r' �� m - eac W..wsri__ anzEaF -,µ are s/ . STORM DRAIN PLAN, LINES A & B" 6442 –G – ..d. �. — __ _ _� W. W� r a Nrov PeolrtT uH. 11.N>r. a-mo 9N6'IT 5 OP 20 AFIN b IS 0 36 eo w SCNE 1' - 3C 16' ROUND RX STEEL WALE 12' RMND BRASS CRATE NOS 9196 OR EQUAL(TYPICAL) FINISH GRADE PER $QUTN BAY FOUNDARY 20' EMERGENCY OVERFLOW SPILLWAY 12' PVC RISER OR APPROVED EQUAL (TYPICAL) CONNECT 4' PERFORATED •. WTH WITH PVC RPE CONCRETE FINISH WADE LUG PER -- 12' PVC OVERFLOW LINE OVERMIF RMZR "A" DETAD, [ /1 BAQING - - - Rp_RAp - - - NTS 16' ROUND RX STEEL WALE FINISH GROUND PER $QUTN BAY FOUNDARY 20' EMERGENCY OVERFLOW SPILLWAY OR APPROVED EQUAL (TYPICAL) k GRASSY SWALE. SEE PLAN EXISTING WCUNp FINISH WADE NEW ABOVE iW LOCATION HOPE RISER [ /1 BAQING - - - Rp_RAp - - - 2.OR CONNECT 4' PERFORATED ' _ -- - _ - - - 96CTION A -A L18* PVC PIPE WITH CONCRETE - - _ ` - NOT TO SCALE LUG PER D -81 -_ _ J'� _ _ _ _ - - - 20' W- 1' D.G. SURFACE •' (1YP� 0 ��0000 ° OVERFLOW UNE OVERFLOW T OVER 1.3' THICK / I BAOCNG o 0 0 OVERFLOW RISER •B• DETAIL WEiIN FILTER FABRIC OVER AND UNDER ROCK ° p e 9 o e /' PERFORATED PVC PIPE NTS (SEE PERCOLATION TRENCH DETAIL MS SHEET) 4' TYPE A CLEANOUT NCOIFIEDN THE ADDITION 20D0 GALLON SAND -01- INTERCEPTOR l'e, OF OVERFLOW PIPES .ENSON PRECAST YODEL 2000EE OR 2' 1 LINE 'A' RIM -26.50 APPROVED EQUAI. NTH 6' INLET k CUTLET Q LINE 'B' RIM.35.50 PIPES AND FITTINGS IF4T LINE 'A' 12' PVC OR UNE 'B' 15' HOPE B 51 'A' =4' CAST IRGN FRAME !COYER ■TIE 12* GROUND APPROXIMATE LOCATION OF EXISPNGJ LINE 'B' UNE A IE -26.0 LINE :3' 'B' /GASKET (GASTIGHT) EN!4'PERFORAZTED ROCK IN ONE 85% COMPACTION 30' WATER UNE • (( OF SPILLWAY. 'B' UNE .48' LA M CONTRACTOR TO VERIFY LOCATION OIW- 3.4CFS UNE IE -33Y.00 FNRSN GRADE EQUIVALENT FILLER FABRIC. PRIOR 10 CONSTRUCTION �- , a�Y.\\/eCY/.�%:'i �.. Y� \ /. / JENSEN PRECAST ■R6 4 3 2. •.� 24]2 -OB RISERS (TYP) OR APPROVED EQUAL s i ' RO COVER V ` ' V V '. LINE 'A' =22.50 /'�T ��\ 24' CIEANQUT UNE V -29.50 NOpt . •. -.. - ... UTLET PIE DISiB1ox TIEN `� LINE 'A' IE -24.19 PERCOLATION TRENCH DETAIL �.' \ 6 � 6 PYC UNE 'B' IE -31.00 NIS \� ^� /1... \ CURB INLETY/F0591. UNE 'B' \ i 6• O1W.2.3CF5 FILTER FILTER BY KRISIAR E -31.90 UNE "A' E -24.50 APPROXIMATE LOCATION O WATER TABLE PER �(p1U_1 /A�V F.. bIry y yyNO /OIL OR EQUAL LINE 'B' E -3145 LINE 'A' E -24. INIERQPTOR GEOTECHNICAL INVESTIGATION. 22 & I1 ,C. 3 LINE 'B' IE =31.76 LINE 'A' IE.24.w •.. .... ..: -../ •.� a Ym bd �NIC amii QO LINE 'B' IE -31.39 \\' UNE 'A' E -21.00 'B' 5115 AVENDA ENONAS "L- STORM DRAIN COLLArTION 9Y5TE11 15.92,.. LINE E.28.W * % SATE NTS LINE 'A' HE -27.00 (7N) 931. 97iao92"_.x] LINE 'B' IE -30.00 LINE 'B' IE -29.00 1I{.ppq AFFYwm un AvDrlcm v.*A BENCHMARK SCANS PLANNDNG k BUILDING APPROVALS, CITY OF ENCINITAS ENGINEERING DEPARTMENT DRAVMG NO. _ -. __. -_ —_ w . V•' w rW Mr r s � AAlli! r PLANS PRLPARED UNDER TAIL 3UPENVISION W UWY9LND® APP PMIVIT[ 3RIYY DRAIN PIAN /OR: NUP 98-039 _ _ _ _ - _ Ieu1WIlA rA r m �A 1• . nnaS -Ae -os m:.,y(� m: _ ENCINITAS COUNTRY DAY SCHOOL 6442 -G _ ir M\/l YM — �� Y/1 A.C.I. NO..- LYIL_. DATC t/ iI OI "m t /TIO4 BBIDIT i OP WO - Y4f1Mi KY y1r. NLgM W. 6 -31 -OV 1UHY PRORR HO. Y.V.P. PE -OJP HYDROLOGY AND HYDRAULIC REPORT ENCINITAS COUNTRY DAY SCHOOL CITY OF ENCINITAS Prepared for: Encinitas Country Day School 2155 Encinitas Boulevard Encinitas, CA 92024 Prepared by: bhA, Inc. land planning, civil engineering, surveying 5115 Avenida Encinas, Suite L Carlsbad, CA 92008 -4387 (760) 931 -8700 Revised: November 16, 2001 January 21, 1999 W.0.505- 0704 -600 TABLE OF CONTENTS I. Discussion II. Calculations A. Existing Hydrology B. Developed Hydrology C. Leach Field Calculation D. Hydraulic Analysis E. Inlet Size Calculations III. Exhibits Exhibit A: Existing Hydrology Map Exhibit B: Developed Hydrology and Hydraulic Map IV. References I. DISCUSSION DISCUSSION: This report address the hydrology and hydraulic analysis for the proposed Encinitas Country Day School in the City of Encinitas. The 19.92 acre site is located East of Manchester Avenue and North of San Elijo Lagoon. This site is proposed to be developed into school facilities with associated roads and infrastructure. The purpose of this study is to: One, quantify the amount of runoff from an offsite property that is just North of the project and to convey that runoff to an existing stream that runs North - south through the development. Two, quantify the developed runoff and evaluate the facility requirements to percolate this runoff so that no contaminate flows into San Elijo Lagoon. The method of analysis was based on the Rational Method according to the San Diego County Hydrology Manual. The hydrology and hydraulic analysis was done on HydroSoft by Advanced Engineering Software. The Percolation Rate was the result of percolation tests done in November 1998 by Geocon, Inc. Drainage basin areas were determined from the proposed grades shown on the Storm Drain and Street Improvement plans and existing topographic map. The Rational Method provides the following variable coefficients: Soil type: Offsite = D Onsite = A Composite C for developed condition = 0.50 Initial Time of concentration (in minutes) = Ti = 60x(11.9x(L ^ 3)/H) ^ 0.385 Rainfall Intensity = I = 7.44x(P6)x(Tc) ^ 0.645 P6 for 10 year storm = 1.65 P6 for 50 year storm = 2.25 P6 for 100 year storm = 2.60 The proposed runoff from the site is intercepted by two curb inlets located on the East end of the main parking lot and at the end of the paved road on the East side of the property. From the inlets, the runoff is then conveyed to a leach field underneath the sports field (1/8 mile track). The exhibit shows the proposed on -site drainage system, sub - areas, acreage, and nodal points. The study considers the runoff for 10, 50, and 100 year storm frequencies. The on -site drainage system shown on the Storm Drain and Street Improvement Plan is designed for said storms. The project is located outside the 500 -Year Flood Plain by Federal Emergency Management Agency (See Flood Insurance Rate Map - Map Number 06073C1044F). CONCLUSION: The proposed storm drain system in conjunction with the proposed street improvements adequately convey the offsite storm flows produced in a 100 -year frequency storm, to the existing natural channel at the southeast corner of the job site. The Existing Qioo is 25.3 cfs and the Proposed Qioo is 34.8 cfs, thus an increase of 9.5 cfs. Due to the proposed leach field, no adverse effect was created by the increased Q. The proposed sports field (1/8 mile track) and the leach field provide adequate storage for the runoff produced in a 100 -year storm with the given percolation rate. All contaminates will be filtered and retained within the development. Storm water should have no adverse effect on the ground water. Storm water will be filtered by curb inlet filters, a sand -oil interceptor, and the leach field system under the proposed sports field (1/8 mile track). The ground water is approximately 2.5 feet below the leach system. According to the soil report entitled Geotechnical Investigation, Encinitas Country Day School, Encinitas, California, dated November 19, 1998 and comment from Mr. Larry Newcomb, County of San Diego, the drainage system should percolate adequately for the intended use. The capacity of the "cleanout distribution boxes" (0.5 feet below the rim) us as follows: Line A Line B Inflow 5.37 cfs 20.20 cfs Outflow 10.87 cfs 27.15 cfs the sand -oil interceptor should be inspected every three (3) months during the first year use, during which time, a sludge - pumping schedule should be developed based on actual field condition. 11. CALCULATIONS A. Existing Hydrology a :aaaaarr arrrrraaaaa• aarraaaaaaaararaaaaarrarrrararrr raaarraarrrrraar .aaa•.. RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 1985,1981 HYDROLOGY MANUAL (c) Copyright 1982 -98 Advanced Engineering Software (aes) Ver. 1.5A Release Date: 01/01/98 License ID 1459 Analysis prepared by: BHA, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 (760) 931 -8700 Fax (760) 931 -7780 ---------------------------------------------------------------------------- FILE NAME: C: \SDSK \PROJ \505- 0704 \AES \OFFXI.DAT TIME /DATE OF STUDY: 17:58 1/18/1999 ---------------------------------------------------------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ---------------------------------------------------------------------------- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) = 10.00 6 -HOUR DURATION PRECIPITATION (INCHES) = 1.650 SPECIFIED MINIMUM PIPE SIZE(INCH) - 18.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE _ .85 SAN DIEGO HYDROLOGY MANUAL "C "- VALUES USED NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED +-------------------------------------------- ------ ----- --- -------- --- - -- --+ I ENCINITAS COUNTRY DAY SCHOOL - W.O. 505 -0704 -600 I EXISTING HYDROLOGY - 10 YEAR I OFFSITE I airaaaMiriiairaf/ l ikrrarlarrrairYrriil riarira #iriariaLaliiirrrrrliralffiiri• FLOW PROCESS FROM NODE 1.00 TO NODE 1.10 IS CODE = 21 ---------------------------------------------------------------------------- » »> RATIONAL METHOD INITIAL SUBAREA ANALYSIS ««< SOIL CLASSIFICATION IS "D" RURAL DEVELOPMENT RUNOFF COEFFICIENT = .4500 NATURAL WATERSHED NOMOGRAPH TIME OF CONCENTRATION (APPENDIX X -A) WITH 10- MINUTES ADDED = 12.92(MINUTES) INITIAL SUBAREA FLOW - LENGTH = 860.00 UPSTREAM ELEVATION = 200.00 DOWNSTREAM ELEVATION = ELEVATION DIFFERENCE = 132.00 10 YEAR RAINFALL INTENSITY(INCH /HOUR) = 2.356 SUBAREA RUNOFF(CFS) = 10.22 TOTAL AREA(ACRES) = 9.64 TOTAL RUNOFF(CFS) = 10.22 END OF STUDY SUMMARY: PEAK FLOW RATE(CFS) = 10.22 Tc(MIN.) = 12.92 TOTAL AREA(ACRES) = 9.64 END OF RATIONAL METHOD ANALYSIS 0 /11ff/1f 1Y / /lff lffiYff/YYf YYf kf1 /f /Y11fYYf lfllfffllfffYYf liYlifi11f1Yf1YY/1♦ RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 1985,1981 HYDROLOGY MANUAL (c) Copyright 1982 -98 Advanced Engineering Software (aes) Ver. 1.5A Release Date: 01/01/98 License ID 1459 Analysis prepared by: BHA, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 (760) 931 -8700 Fax (760) 931 -7780 ---------------------------------------------------------------------------- FILE NAME: C: \SDSK \PROJ \505- 0704 \AES \OFFXI.DAT TINE /DATE OF STUDY: 18: 0 1/18/1999 ---------------------------------------------------------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ---------------------------------------------------------------------------- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) = 50.00 6 -HOUR DURATION PRECIPITATION (INCHES) - 2.250 SPECIFIED MINIMUM PIPE SIZE(INCH) = 19.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE _ .85 SAN DIEGO HYDROLOGY MANUAL "C "-VALUES USED NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED +------------------------------------------------------------------------- I ENCINITAS COUNTRY DAY SCHOOL - W.O. 505- 0704 -600 ( EXISTING HYDROLOGY - 50 YEAR I OFFSITE I Y Y Y Y Y Y Y Y Y Y a r a Yi*Y 14aY Y YiYYfiaY Y f Y Y Y YYi Y Y Y Y Y f Y Y a Y Y 1 a Y Y M*iY f l/ I i f Y* i Y 1 f Y Y* I Y iY FLOW PROCESS FROM NODE 1.00 TO NODE 1.10 IS CODE = 21 ---------------------------------------------------------------------------- » »> RATIONAL METHOD INITIAL SUBAREA ANALYSIS« «< SOIL CLASSIFICATION IS "D" RURAL DEVELOPMENT RUNOFF COEFFICIENT = .4500 NATURAL WATERSHED NOMOGRAPH TIME OF CONCENTRATION (APPENDIX X -A) WITH 10- MINUTES ADDED = 12.92(MINUTES) INITIAL SUBAREA FLOW- LENGTH = 860.00 UPSTREAM ELEVATION = 200.00 DOWNSTREAM ELEVATION = 68.00 ELEVATION DIFFERENCE = 132.00 50 YEAR RAINFALL INTENSITY(INCH /HOUR) = 3.213 SUBAREA RUNOFF(CFS) 13.94 TOTAL AREA(ACRES) = 9.64 TOTAL RUNOFF(CFS) = 13.94 END OF STUDY SUMMARY: PEAK FLOW RATE(CFS) = 13.94 Tc(MIN.) = 12.92 TOTAL AREA(ACRES) = 9.64 END OF RATIONAL METHOD ANALYSIS Lai .............. rs a ............................... a a.......................... RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 1985,1981 HYDROLOGY MANUAL (c) Copyright 1982 -98 Advanced Engineering Software (aes) Ver. 1.5A Release Date: 01/01/98 License ID 1459 Analysis prepared by: BHA, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 (760y.931 -8700 Fax (760) 931 -7760 ---------------------------------------------------------------------------- FILE NAME: C: \SDSK \PROJ \505- 0704 \AES \OFFXI.DAT TIME /DATE OF STUDY: 18: 2 1/18/1999 ---------------------------------------------------------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ---------------------------------------------------------------------------- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) = 100.00 6 -HOUR DURATION PRECIPITATION (INCHES) = 2.600 SPECIFIED MINIMUM PIPE SIZE(INCH) = 18.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE _ .85 SAN DIEGO HYDROLOGY MANUAL "C "- VALUES USED NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED +--------------------------------------------------------------- 1 ENCINITAS COUNTRY DAY SCHOOL - W.O. 505- 0704 -600 I EXISTING HYDROLOGY - 100 YEAR I OFFSITE I .......aL. a....... ai..r.w..1......aaa.a....a..... i a.. a.. Y ................... FLOW PROCESS FROM NODE 1.00 TO NODE 1.10 IS CODE = 21 » »> RATIONAL METHOD INITIAL SUBAREA ANALYSIS ««< SOIL CLASSIFICATION IS "D" RURAL DEVELOPMENT RUNOFF COEFFICIENT = .4500 NATURAL WATERSHED NOMOGRAPH TIME OF CONCENTRATION (APPENDIX X -A) WITH 10- MINUTES ADDED = 12.92(MINUTES) INITIAL SUBAREA FLOW - LENGTH = 860.00 UPSTREAM ELEVATION = 200.00 DOWNSTREAM ELEVATION = 68.00 ELEVATION DIFFERENCE = 132.00 100 YEAR RAINFALL INTENSITY(INCH /HOUR) = 3.713 SUBAREA RUNOFF(CFS) = 16.11 TOTAL AREA(ACRES) = 9.64 TOTAL RUNOFF(CFS) = 16.11 END OF STUDY SUMMARY: PEAK FLOW RATE(CFS) = 16.11 Tc(MIN.) = 12.92 TOTAL AREA(ACRES) = 9.64 END OF RATIONAL METHOD ANALYSIS 0 w. aaaawaaaaaaaaawwwaarraaaaaaaaaaaaaaaaraaar rwrraaaawwrawaarr ....waarra..a.• RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 1985,1981 HYDROLOGY MANUAL (c) Copyright 1982 -98 Advanced Engineering Software (aes) Ver. 1.5A Release Date: 01/01/98 License ID 1459 Analysis prepared by: BHA, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 (760) 931 -8700 Fax !7L,, 931 -7780 ---------------------------------------------------------------------------- FILE NAME: C: \SDSK \PROJ \505- 0704 \AES \XHY2.DAT TIME /DATE OF STUDY: 18:52 1/18/1999 ---------------------------------------------------------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ---------------------------------------------------------------------------- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) - 10.00 6 -HOUR DURATION PRECIPITATION (INCHES) = 1.650 SPECIFIED MINIMUM PIPE SIZE(INCH) = 18.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE _ .85 SIN DIEGO HYDROLOGY MANUAL "C "- VALUES USED NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED +-------------------------------------------- ----- --------- ------- ----- -- --+ I ENCINITAS COUNTRY DAY SCHOOL - W.O. 505- 0704 -600 1 1 EXISTING HYDROLOGY - 10 YEAR I BASIN 2 +------------------------------------------------------- + Arrraaaaraa: rrarraawaaarrrraraaaar. rawArrrraata rrraraaaraaaawraaaaaaaaaarrr FLOW PROCESS FROM NODE 2.00 TO NODE 2.10 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS « «< SOIL CLASSIFICATION IS "A" RURAL DEVELOPMENT RUNOFF COEFFICIENT = .3000 NATURAL WATERSHED NOMOGRAPH TIME OF CONCENTRATION (APPENDIX X -A) WITH 10- MINUTES ADDED = 14.91(MINUTES) INITIAL SUBAREA FLOW- LENGTH = 975.00 UPSTREAM ELEVATION = 70.00 DOWNSTREAM ELEVATION = 20.00 ELEVATION DIFFERENCE = 50.00 10 YEAR RAINFALL INTENSITY(INCH /HOUR) = 2.149 SUBAREA RUNOFF(CFS) = 5.86 TOTAL AREA(ACRES) = 9.09 TOTAL RUNOFF(CFS) = 5.86 END OF STUDY SUMMARY: PEAK FLOW RATE(CFS) = 5.86 Tc(MIN.) = 14.91 TOTAL AREA(ACRES) = 9.09 END OF RATIONAL METHOD ANALYSIS V a. as aar r r as as aaY aar r ar aaa... a. .aaaa ♦ ............. ♦......... ♦. a a. a.. .... a...• RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 1985,1981 HYDROLOGY MANUAL (c) Copyright 1982 -98 Advanced Engineering Software (aes) Ver. 1.5A Release Date: 01/01/98 License ID 1459 Analysis prepared by: BHA, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 (760) 931 -8700 Fax (760) 931 -7780 ---------------------------------------------------------------------------- FILE NAME: C: \SDSK \PROJ \505- 0704 \AES \XHY2.DAT TIME /DATE OF STUDY: 19: 4 1/18/1999 ---------------------------------------------------------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ---------------------------------------------------------------------------- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) = 50.00 6 -HOUR DURATION PRECIPITATION (INCHES) - 2.250 SPECIFIED MINIMUM PIPE SIZE(INCH) - 18.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE _ .85 SAN DIEGO HYDROLOGY MANUAL "C "- VALUES USED NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED +--------------------------------------------- -------- ------- --------- - - - --+ I ENCINITAS COUNTRY DAY - W.O. 505- 0704 -600 1 EXISTING HYDROLOGY - 50 YEAR I BASIN 2 +------------------------------------------------------------------------ a aaarraaaaa rrraaraaaaaarrrraasaaraarrrrataaarrraraaaaaraaaaa .r +aarraaa.raaar FLOW PROCESS FROM NODE 2.00 TO NODE 2.10 IS CODE - 21 ---------------------------------------------------------------------------- » »> RATIONAL METHOD INITIAL SUBAREA ANALYSIS ««< SOIL CLASSIFICATION IS "A" RURAL DEVELOPMENT RUNOFF COEFFICIENT = .3000 NATURAL WATERSHED NOMOGRAPH TIME OF CONCENTRATION (APPENDIX X -A) WITH 10- MINUTES ADDED = 14.91(MINUTES) INITIAL SUBAREA FLOW- LENGTh = 975.00 UPSTREAM ELEVATION = 70.00 DOWNSTREAM ELEVATION = 20.00 ELEVATION DIFFERENCE = 50.00 50 YEAR RAINFALL INTENSITY(INCH /HOUR) = 2.930 SUBAREA RUNOFF(CFS) = 7.99 TOTAL AREA(ACRES) = 9.09 TOTAL RUNOFF(CFS) = 7.99 END OF STUDY SUMMARY: PEAK FLOW RATE(CFS) = 7.99 Tc(MIN.) = 14.91 TOTAL AREA(ACRES) = 9.09 END OF RATIONAL METHOD ANALYSIS rraaaaarraaaaaaaaraaaaaaaaaaaaaeaaara uraaaaaraaarraaaaaararrraaaaaa RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 1985,1981 HYDROLOGY MANUAL (c) Copyright 1982 -98 Advanced Engineering Software (aes) Ver. 1.5A Release Date: 01/01/98 License ID 1459 Analysis prepared by: BHA, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 (760) 931 -8700 Fax (760) 931 -7780 ---------------------------------------------------------------------------- FILE NAME: C: \SDSK \PROJ \505- 0704 \AES \XHY2.DAT TIME /DATE OF STUDY: 19: 7 1/18/1999 ---------------------------------------------------------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ---------------------------------------------------------------------------- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) = 100.00 6 -HOUR DURATION PRECIPITATION (INCHES) = 2.600 SPECIFIED MINIMUM PIPE SIZE(INCH) = 18.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE _ .85 SAN DIEGO HYDROLOGY MANUAL "C "- VALUES USED NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED +-------------------------------------------- --------------- ------- ---- - - - -+ I ENCINITAS COUNTRY DAY SCHOOL - W.O. 505- 0704 -600 1 EXISTING HYDROLOGY - 100 YEAR 1 I BASIN 2 1 +------------------------------------------------ ------------- --- ----- - - - - -+ sa *a +aaaaaaaaaa +aaaaaaaaaaa aaaaaaraaaaraaaaaaaaaaaaaa rrr +aaaaaarraaaaaaaaaa. FLOW PROCESS FROM NODE 2.00 TO NODE 2.10 IS CODE = 21 » »> RATIONAL METHOD INITIAL SUBAREA ANALYSIS ««< SOIL CLASSIFICATION IS "A" RURAL DEVELOPMENT RUNOFF COEFFICIENT = .3000 NATURAL WATERSHED NOMOGRAPH TIME OF CONCENTRATION (APPENDIX X -A) WITH 10- MINUTES ADDED = 14.91(MINUTES) INITIAL SUBAREA FLOW - LENGTH = 975.00 UPSTREAM ELEVATION = 70.00 DOWNSTREAM ELEVATION = 20.00 ELEVATION DIFFERENCE = 50.00 100 YEAR RAINFALL INTENSITY(INCH /HOUR) = 3.386 SUBAREA RUNOFF(CFS) = 9.23 TOTAL AREA(ACRES) = 9.09 TOTAL RUNOFF(CFS) = 9.23 END OF STUDY SUMMARY: PEAK FLOW RATE(CFS) = 9.23 Tc(MIN.) = 14.91 TOTAL AREA(ACRES) = 9.09 END OF RATIONAL METHOD ANALYSIS 9 II. CALCULATIONS B. Developed Hydrology aaaaaaaaaaaaaaaaa. a. aaaaa. a.a aaaaaaa ...aaaaaaaaa....a.aaaaa.a. :aaaa RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 1985,1981 HYDROLOGY MANUAL (c) Copyright 1982 -98 Advanced Engineering Software (aes) Ver. 1.5A Release Date: 01/01/98 License ID 1459 Analysis prepared by: bha, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 Tel: 760- 931 -8700 Fax: 760 - 931 -7780 -------------------------------------------- - --- - - ---- FILE NAME: E: \505- 0704 \AES \PHYA.DAT TIME /DATE OF STUDY: 14:26 10/24/2000 -------- -------------------------------------------------------- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) = 100.00 6 -HOUR DURATION PRECIPITATION (INCHES) = 2.600 SPECIFIED MINIMUM PIPE SIZE(INCH) = 12.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE _ .85 SPECIFIED CONSTANT RUNOFF COEFFICIENT = .500 NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED +----------------------------------------- --- ------- ----------- ----- - ---+ I ENCINITAS COUNTRY DAY SCHOOL - W.O. 505- 0704 -600 1 PROPOSED HYDROLOGY - 100 YEAR I STORM DRAIN "A" +---------------------------------------- aaaaaaaara+ rraa+ aarar + +aaa +aaaaaaaa.aaaaaaaaaara aaraaaa +aaaasaaaaa +aaaaa +ara FLOW PROCESS FROM NODE 5.00 TO NODE 5.10 IS CODE = 21 ---------------------------------------------------------------------------- » »> RATIONAL METHOD INITIAL SUBAREA ANALYSIS« «< `USER SPECIFIED(GLOBAL): RURAL DEVELOPMENT RUNOFF COEFFICIENT = .5000 INITIAL SUBAREA FLOW- LENGTH = 260.00 UPSTREAM ELEVATION = 74.00 DOWNSTREAM ELEVATION = 52.00 ELEVATION DIFFERENCE = 22.00 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 8.547 - 'CAUTION: SUBAREA SLOPE EXCEEDS .COUNTY NOMOGRAPH DEFINITION. EXTRAPOLATION OF NOMOGRAPH USED. 100 YEAR RAINFALL INTENSITY(INCH /HOUR) = 4.848 SUBAREA RUNOFF(CFS) = 1.79 TOTAL AREA(ACRES) _ .74 TOTAL RUNOFF(CFS) = 1.79 a a r a a a r a a a a a a a a a a r a r a a a r a r a i +iar r. as a as r as aaa aa. r a a. a. a a a a a a a a a a a a a. a a. a. a as FLOW PROCESS FROM NODE 5.10 TO NODE 5.20 IS CODE = 6 -- ------- ------- ---------- ---- - -- ---- -- »»>COMPUTE STREETFLOW TRAVELTIME THRU SUBAREA <<<<< UPSTREAM ELEVATION = 52.00 DOWNSTREAM ELEVATION 42.12 STREET LENGTH(FEET) = 100.00 CURB HEIGHT(INCHES) = 6. STREET HALFWIDTH(FEET) = 14.00 DISTANCE FROM CROWN TO CROSSFALL GRADEBREAK = 12.50 INTERIOR STREET CROSSFALL(DECIMAL) _ .020 OUTSIDE STREET CROSSFALL(DECIMAL) _ .020 SPECIFIED NUMBER OF HALFSTREETS CARRYING RUNOFF = 1 ffTRAVELTIME COMPUTED USING MEAN FLOW(CFS) = 3.58 STREETFLOW MODEL RESULTS: STREET FLOWDEPTH(FEET) _ .27 HALFSTREET FLOODWIDTH(FEET) - 7.36 AVERAGE FLOW VELOCITY(FEET /SEC.) = 5.43 PRODUCT OF DEPTH&VELOCITY = 1.49 STREETFLOW TRAVELTIME(MIN) _ .31 TC(MIN) = 8.85 100 YEAR RAINFALL INTENSITY(INCH /HOUR) - 4.739 `USER SPECIFIED(GLOBAL): RURAL DEVELOPMENT RUNOFF COEFFICIENT = .5000 SUBAREA AREA(ACRES) 1.51 SUBAREA RUNOFF(CFS) = 3.58 SUMMED AREA(ACRES) 2.25 TOTAL RUNOFF(CFS) = 5.37 END OF SUBAREA STREETFLOW HYDRAULICS: DEPTH(FEET) _ .29 HALFSTREET FLOODWIDTH(FEET) = 8.14 FLOW VELOCITY(FEET /SEC.) = 6.88 DEPTH #VELOCITY = 1.99 rrrrfaafr+ aaarrraarrrrfrfrararrar +a +rrarrtaatarai #AtraAftfrafaar ra : +rrartaaa � FLOW PROCESS FROM NODE 5.20 TO NODE 5.30 IS CODE = 4 ---------------------------------------------------------------------------- » » >COMPUTE PIPEFLOW TRAVELTIME THRU SUBAREA « «< »»> USING USER - SPECIFIED PIPESIZE« «< ------------------------------------------- -- ------- --------= ___________ DEPTH OF FLOW IN 12.0 INCH PIPE IS 6.4 INCHES PIPEFLOW VELOCITY(FEET /SEC.) = 12.5 UPSTREAM NODE ELEVATION = 38.07 DOWNSTREAM NODE ELEVATION = 28.77 FLOWLENGTH(FEET) - 109.39 MANNING'S N = .013 GIVEN PIPE DIAMETER(INCH) = 12.00 NUMBER OF PIPES = 1 PIPEFLOW THRU SUBAREA(CFS) = 5.37 TRAVEL TIME(MIN.) _ .15 TC(MIN.) 9.00 #raaaaa #rttiaari # ♦ff if aararrraaaa# aa# rarrtaaArfffaaarriraataartarta4 #tiiarff FLOW PROCESS FROM NODE 5.30 TO NODE 5.40 IS CODE = 4 ---------------------------------------------------------------------------- » »>COMPUTE PIPEFLOW TRAVELTIME THRU SUBAREA ««< »» >USING USER - SPECIFIED PIPESIZE««< -------------------------------------- -- ------- -- --- ----------------- DEPTH OF FLOW IN 12.0 INCH PIPE IS 9.3 INCHES PIPEFLOW VELOCITY(FEET /SEC.) = 8.2 UPSTREAM NODE ELEVATION = 28.44 DOWNSTREAM NODE ELEVATION = 24.83 FLOWLENGTH(FEET) - 120.51 MANNING'S N = .013 GIVEN PIPE DIAMETER(INCH) 12.00 NUMBER OF PIPES = 1 PIPEFLOW THRU SUBAREA(CFS) = 5.37 TRAVEL TIME(MIN.) _ .24 TC(MIN.) = 9.24 ------------------------------------------------------------ --------- --- END OF STUDY SUMMARY: PEAK FLOW RATE(CFS) = 5.37 Tc(MIN.) = 9.24 TOTAL AREA(ACRES) = 2.25 END OF RATIONAL METHOD ANALYSIS ... raaaaaraaaaarraarwawaaaaaaaa+ aawrwwaa+ ara+ as :aaarwrrw +r+aaar +aaar..a..... RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 1985,1981 HYDROLOGY MANUAL (c) Copyright 1982 -98 Advanced Engineering Software (aes) Ver. 1.5A Release Date: 01/01/98 License ID 1459 Analysis prepared by: bha, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 Tel: 760 - 931 -8700 Fax: 760- 931 -7780 -------------------------------------------------------------------------- FILE NAME: E: \505- 0704 \AES \PHYB.DAT TIME /DATE OF STUDY: 14:10 10/24/2000 - - - -- ---------------- --- -------- ------ -- ---- - - - --- - - - - -- USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ----------------------- -- ------------ -------- --- - - - - -- ----- - - - - -- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) = 100.00 6 -HOUR DURATION PRECIPITATION (INCHES) = 2.600 SPECIFIED MINIMUM PIPE SIZE(INCH) = 8.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE _ .85 SPECIFIED CONSTANT RUNOFF COEFFICIENT = .500 NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED +---------------------------------------------- -- -- --- ------------- ----- - - -+ I ENCINITAS COUNTRY DAY SCHOOL - W.O. 505- 0704 -600 I PROPOSED HYDROLOGY - 100 YEAR I STORM DRAIN "B" +----------------------------------------------- ---- ----- --- --- -- ----- --- - -+ rraraaaaaa+ aaraaaraawwwwwararaaaaaaarararrrarr rwrrrraaa +aaaraararaarwrwwwwra FLOW PROCESS FROM NODE 1.00 TO NODE 1.10 IS CODE = 7 ---------------------------------------------------------------------------- »» >USER SPECIFIED HYDROLOGY INFORMATION AT NODE« «< USER - SPECIFIED VALUES ARE AS FOLLOWS: TC(MIN) a 12.92 RAIN INTENSITY(INCH /HOUR) = 3.71 TOTAL AREA(ACRES) = 9.64 TOTAL RUNOFF(CFS) = 16.11 aaaararrwawwwrwaaraa++++ aara rarraa +wwxwwwaaarra +arrra ++xw +xrxwxr +ace +a + +aaaaa FLOW PROCESS FROM NODE 1.10 TO NODE 2.20 IS CODE = 4 » » >COMPUTE PIPEFLOW TRAVELTIME THRU SUBAREA « «< » »)USING USER - SPECIFIED PIPESIZE««< PIPEFLOW VELOCITY(FEET /SEC.) = 46.2 UPSTREAM NODE ELEVATION = 65.49 DOWNSTREAM NODE ELEVATION = 64.59 FLOWLENGTH(FEET) = 45.00 MANNING'S N = .013 GIVEN PIPE DIAMETER(INCH) = 8.00 NUMBER OF PIPES = 1 PIPEFLOW THRU SUBAREA(CFS) = 16.11 TRAVEL TIME(MIN.) _ .02 TC(MIN.) = 12.94 rraaa wawrarawraaaarrraaararraaaaaaaaaarararrwrwawxaaaa +raaraaaa +racer +aaaaaaa FLOW PROCESS FROM NODE 2.20 TO NODE 2.20 IS CODE = 10 ------------------------------------------------ -- --- -- ------- ------- - - ---- »» >MAIN- STREAM MEMORY COPIED ONTO MEMORY BANK # 1 <<<<< aaaaaaaarrtaawrrrtraaaaaararaarraaaaaaaawarrtraraaaa saarraraaraarara ...aaaa. FLOW PROCESS FROM NODE 2.00 TO NODE 2.10 IS CODE = 21 ---------------------------------------------------------------------------- »» >RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< *USER SPECIFIED(GLOBAL): MULTI -UNITS DEVELOPMENT RUNOFF COEFFICIENT = .5000 INITIAL SUBAREA FLOW - LENGTH = 374.00 UPSTREAM ELEVATION = 78.00 DOWNSTREAM ELEVATION = 66.44 ELEVATION DIFFERENCE = 11.56 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 14.339 *CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION. EXTRAPOLATION OF NOMOGRAPH USED. 100 YEAR RAINFALL INTENSITY(INCH /HOUR) = 3.472 SUBAREA RUNOFF(CFS) _ .54 TOTAL AREA(ACRES) = .31 TOTAL RUNOFF(CFS) _ .54 iirrrrrifff wriiifrraiaarraawkrAirraarrr• f►♦ aatr ♦rrrarrararaarf aaafaraaaa rrrr FLOW PROCESS FROM NODE 2.10 TO NODE 2.20 IS CODE 4 ---------------------------------------------------------------------------- »»>COMPUTE PIPEFLOW TRAVELTIME THRU SUBAREA « «< » »>USING USER- SPECIFIED PIPESIZE ««< DEPTH OF FLOW IN 18.0 INCH PIPE IS 2.2 INCHES PIPEFLOW VELOCITY(FEET /SEC.) = 4.3 UPSTREAM NODE ELEVATION = 62.77 DOWNSTREAM NODE ELEVATION = 61.33 FLOWLENGTH(FEET) - 50.00 MANNING'S N - .013 GIVEN PIPE DIAMETER(INCH) - 18.00 NUMBER OF PIPES 1 PIPEFLOW THRU SUBAREA(CFS) _ .54 TRAVEL TIME(MIN.) = .20 TC(MIN.) = 14.53 r♦ a* r" raaasr* s* w"**** a* a* asw** w* r* ra* aaaa+ r+ a rarf +a *rraa +airrrra +awaaaaraaaw FLOW PROCESS FROM NODE 2.20 TO NODE 2.20 IS CODE = 11 ---------------------------------------------------------------------------- » »> CONFLUENCE MEMORY BANK # 1 WITH THE MAIN- STREAM MEMORY « «< MAIN STREAM CONFLUENCE DATA ** STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) (MIN.) (INCH /HOUR) (ACRE) 1 .54 14.53 3.442 .31 *" MEMORY BANK k 1 CONFLUENCE DATA ** STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) (MIN.) (INCH /HOUR) (ACRE) 1 16.11 12.94 3.710 9.64 "* PEAK FLOW RATE TABLE ** STREAM RUNOFF Tc INTENSITY NUMBER (CFS) (MIN.) (INCH /HOUR) 1 16.61 12.94 3.710 2 15.48 14.53 3.442 COMPUTED CONFLUENCE ESTIMATES ARE AS FOLLOWS: PEAK FLOW RATE(CFS) = 16.61 Tc(MIN.) = 12.94 TOTAL AREA(ACRES) = 9.95 a*aaa**a* aaa** aaa* aaa *********a**** ** * **a****. *** a a a a**••*** a a* r*** a** a*•*** FLOW PROCESS FROM NODE 2.20 TO NODE 2.20 IS CODE - 12 ---- ------- ------------------------------- »» >CLEAR MEMORY BANK # 1 <<<<< • aaaaaaaarrraaraaa♦ aaaaawaawataaa+ aaaartawra ♦araaaaaraa•rrar«raaaaaaaaaaaa♦ FLOW PROCESS FROM NODE 2.20 TO NODE 2.30 IS CODE = 4 » »>COMPUTE PIPEFLOW TRAVELTIME THRU SUBAREA««< » » >USING USER - SPECIFIED PIPESIZE««< DEPTH OF FLOW IN 18.0 INCH PIPE IS 6.3 INCHES PIPEFLOW VELOCITY(FEET /SEC.) = 30.0 UPSTREAM NODE ELEVATION = 61.00 DOWNSTREAM NODE ELEVATION = 41.09 FLOWLENGTH(FEET) = 47.23 MANNING'S N = .013 GIVEN PIPE DIAMETER(INCH) = 18.00 NUMBER OF PIPES = 1 PIPEFLOW THRU SUBAREA(CFS) = 16.61 TRAVEL TIME(MIN.) _ .03 TC(MIN.) = 12.96 ♦ a« aaaaattr +aata«aaaaaa•aaaaaaaaraaaa rtraaaaaaaaawaru «arr♦aaaaraaaa«ra :ra u FLOW PROCESS FROM NODE 2.20 TO NODE 2.30 IS CODE = 10 ---------------------------------------------------------------------------- » »>MAIN- STREAM MEMORY COPIED ONTO MEMORY BANK # 1 « «< aaaaaa* aawwraaaaaa+ a+ raa«« rrwawraaaatar: aaaraawrarwaaaaaraaratraaaraaaaawaar FLOW PROCESS FROM NODE 2.31 TO NODE 2.30 IS CODE = 21 ---------------------------------------------------------------------------- » » >RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< *USER SPECIFIED(GLOBAL): MULTI -UNITS DEVELOPMENT RUNOFF COEFFICIENT = .5000 INITIAL SUBAREA FLOW- LENGTH = 115.00 UPSTREAM ELEVATION = 49.15 DOWNSTREAM ELEVATION = 48.00 ELEVATION DIFFERENCE = 1.15 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 11.582 100 YEAR RAINFALL INTENSITY(INCH /HOUR) = 3.985 SUBAREA RUNOFF(CFS) = 1.41 TOTAL AREA(ACRES) _ .71 TOTAL RUNOFF(CFS) = 1.41 rr♦ raw« awrwaaaaaaaaraaraawraaa +a + + « +rw *a * +awarraraaaaawawrttt swawa s♦ :attract FLOW PROCESS FROM NODE 2.31 TO NODE 2.30 IS CODE 11 ---------------------------------------------------------------------------- » »> CONFLUENCE MEMORY BANK # 1 WITH THE MAIN- STREAM MEMORY««< ** MAIN STREAM CONFLUENCE DATA ** STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) (MIN.) (INCH /HOUR) (ACRE) 1 1.41 11.58 3.985 .71 ** MEMORY BANK # 1 CONFLUENCE DATA ** STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) (MIN.) (INCH /HOUR) (ACRE) 1 16.61 12.96 3.706 9.95 ** PEAK FLOW RATE TABLE ** STREAM RUNOFF Tc INTENSITY NUMBER (CFS) (MIN.) (INCH /HOUR) 1 16.86 11.58 3.985 2 17.92 12.96 3.706 COMPUTED CONFLUENCE ESTIMATES ARE AS FOLLOWS: PEAK FLOW RATE(CFS) 17.92 Tc(MIN.) 12.96 TOTAL AREA(ACRES) = 10.66 arariararatrrrarrafr rffraraaarara♦ ararraafaaffaaaaa lalaarraaa iaaaaaaaaaaasar FLOW PROCESS FROM NODE 2.31 TO NODE 2.30 IS CODE = 12 ---------------------------------------------------------------------------- »» >CLEAR MEMORY BANK # 1 ««< raaaaaaaaaataaataaarl arr atwf of rfifrarraaaa of rar arru rr araaaa }aaaaaaaaaaalaa! FLOW PROCESS FROM NODE 2.30 TO NODE 2.40 IS CODE = 4 ---------------------------------------------------------------------------- »»>COMPUTE PIPEFLOW TRAVELTIME THRU SUBAREA««< » » >USING USER - SPECIFIED PIPESIZE««< ---------------------------------------------------------------------------- PIPEFLOW VELOCITY(FEET /SEC.) = 10.1 , UPSTREAM NODE ELEVATION = 40.75 DOWNSTREAM NODE ELEVATION = 36.90 FLOWLENGTH(FEET) = 192.85 MANNING'S N = .013 GIVEN PIPE DIAMETER(INCH) = 18.00 NUMBER OF PIPES = 1 PIPEFLOW THRU SUBAREA(CFS) = 17.92 TRAVEL TIME(MIN.) = .32 TC(MIN.) = 13.28 fffff if liialffa\!!!ll ii ii\ ffff\ f iiflfiaaialfk\#iffiif \fff\fif lffl \af \ \ff!!\! FLOW PROCESS FROM NODE 2.30 TO NODE 2.40 IS CODE = 10 ---------------------------------------------------------------------------- » »>MAIN- STREAM MEMORY COPIED ONTO MEMORY BANK # 1 « «< iii+}}} iiiiaiaar aaaiA* rii} iata+ aa} a} iiiaaiiiiiir \ *aaiaalaai +taaaai\iaiiaaiaa FLOW PROCESS FROM NODE 2.41 TO NODE 2.40 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS « «< *USER SPECIFIED(GLOBAL): MULTI -UNITS DEVELOPMENT RUNOFF COEFFICIENT = .5000 INITIAL SUBAREA FLOW- LENGTH = 161.00 UPSTREAM ELEVATION = 44.00 DOWNSTREAM ELEVATION = 42.00 ELEVATION DIFFERENCE = 2.00 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 12.748 100 YEAR RAINFALL INTENSITY(INCH /HOUR) = 3.746 SUBAREA RUNOFF(CFS) = 1.97 TOTAL AREA(ACRES) = 1.05 TOTAL RUNOFF(CFS) - 1.97 asaa** r* aitrair►# f♦ tfaa ir\ iiatiaaa# iai*#a##*♦ iraaaaraarirkaaatitatatiataraia FLOW PROCESS FROM NODE 2.41 TO NODE 2.40 IS CODE = 11 ---------------------------------------------------------------------------- » »> CONFLUENCE MEMORY BANK # 1 WITH THE MAIN- STREAM MEMORY ««< ** MAIN STREAM CONFLUENCE DATA ** STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) (MIN.) (INCH /HOUR) (ACRE) 1 1.97 12.75 3.746 1.05 ** MEMORY BANK # 1 CONFLUENCE DATA ** STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) (MIN.) (INCH /HOUR) (ACRE) 1 17.92 13.28 3.648 10.66 as PEAK FLOW RATE TABLE " STREAM RUNOFF Tc NUMBER (CPS) (MIN.) 1 19.43 12.75 2 19.84 13.28 COMPUTED CONFLUENCE ESTIMATES PEAK FLOW RATE(CFS) = 19. TOTAL AREA(ACRES) = 11.71 INTENSITY (INCH /HOUR) 3.746 3.648 ARE AS FOLLOWS: 94 Tc(MIN.) = 13.28 .aaa aaaaaaa.•♦ a r r a a a w a r a a a a a a a a.r aaaaaaa** r ar f as as as aa. a. a. • a a a a a a a a. a a a a. a. FLOW PROCESS FROM NODE 2.41 TO NODE 2.40 IS CODE = 12 ---------------------------------------------------------------------------- » »>CLEAR MEMORY BANK # 1 « «< aaaaaaraaaaaaaaaar rraarararraawaaaaaaaaara aara ♦afaaaasaaaaf•♦aaraaaa wa.aaaa• FLOW PROCESS FROM NODE 2.40 TO NODE 2.50 IS CODE 4 ---------------------------------------------------------------------------- » » >COMPUTE PIPEFLOW TRAVELTIME THRU SUBAREA« «< >>>>>USING USER - SPECIFIED PIPESIZE« «< PIPEFLOW VELOCITY(FEET /SEC.) = 11.2 UPSTREAM NODE ELEVATION = 36.56 DOWNSTREAM NODE ELEVATION = 34.16 FLOWLENGTH(FEET) = 140.07 MANNING'S N = .013 GIVEN PIPE DIAMETER(INCH) = 18.00 NUMBER OF PIPES = 1 PIPEFLOW THRU SUBAREA(CFS) = 19.84 TRAVEL TIME(MIN.) _ .21 TC(MIN.) = 13.49 *aaaa...•. raa+ aaa•asarraa.aaaarara•aas.a+aaw♦ aaaa ar :rrw•rrrraraaraarrrrwaea♦ FLOW PROCESS FROM NODE 2.40 TO NODE 2.50 IS CODE = 10 ---------------------------------------------------------------------------- » »>MAIN- STREAM MEMORY COPIED ONTO MEMORY BANK # 1 ««< ♦aaaaaa.aaa s.aaaaaaaaafr+wa.aaaa +u+ aaaa+ aaaaaaa +a+axaa sa..raf •aaaa +aawrraaa FLOW PROCESS FROM NODE 2.51 TO NODE 2.50 IS CODE 21 --------------------------------------------------------------------------- » » >RATIONAL METHOD INITIAL SUBAREA ANALYSIS « «< *USER SPECIFIED(GLOBAL): MULTI -UNITS DEVELOPMENT RUNOFF COEFFICIENT = .5000 INITIAL SUBAREA FLOW - LENGTH = 103.00 UPSTREAM ELEVATION = 42.30 DOWNSTREAM ELEVATION = 41.30 ELEVATION DIFFERENCE = 1.00 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 11.069 100 YEAR RAINFALL INTENSITY(INCH /HOUR) = 4.103 SUBAREA RUNOFF(CFS) _ .37 TOTAL AREA(ACRES) _ .18 TOTAL RUNOFF(CFS) _ .37 a + +araaaaaaaaaaaaataasrrar +ataa araa.ara aaaa*• «rwaaaa +aarar :aaaawaataar «aaaa• FLOW PROCESS FROM NODE 2.51 TO NODE 2.50 IS CODE = 11 ---------------------------------------------------------------------------- »»> CONFLUENCE MEMORY BANK # 1 WITH THE MAIN- STREAM MEMORY««< " MAIN STREAM CONFLUENCE DATA " STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) (MIN.) (INCH /HOUR) (ACRE) 1 .37 11.07 4.103 .18 " MEMORY BANK # 1 CONFLUENCE DATA " STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) (MIN.) (INCH /HOUR) (ACRE) 1 19.84 13.49 3.612 11.71 `* PEAK FLOW RATE TABLE " STREAM RUNOFF Tc INTENSITY NUMBER (CFS) (MIN.) (INCH /HOUR) 1 17.84 11.07 4.103 2 20.17 13.49 3.612 COMPUTED CONFLUENCE ESTIMATES ARE AS FOLLOWS: PEAK FLOW RATE(CFS) 20.17 Tc(MIN.) = 13.49 TOTAL AREA(ACRES) - 11.89 rs }taaa :waw`r" " " a" ta+ r+ waaar* aaasaasawwwwwwrtrrr +arrwrawaawtararararwaaa FLOW PROCESS FROM NODE 2.51 TO NODE 2.50 IS CODE = 12 ---------------------------------------------------------------------------- » »>CLEAR MEMORY BANK # 1 « «< f} r} iiii} iia}}}}} f} wlfl aff!}!l rl wfl af} a}}}} r} }r }} }}r1f }iiii}ii }} }} } } } } }w}► }} FLOW PROCESS FROM NODE 2.50 TO NODE 2.60 IS CODE = 4 ---------------------------------------------------------------------------- »»>COMPUTE PIPEFLOW TRAVELTIME THRU SUBAREA««< »» >USING USER - SPECIFIED PIPESIZE« «< PIPEFLOW VELOCITY(FEET /SEC.) = 11.4 UPSTREAM NODE ELEVATION = 33.83 DOWNSTREAM NODE ELEVATION = 32.23 FLOWLENGTH(FEET) = 159.67 MANNING'S N = .013 GIVEN PIPE DIAMETER(INCH) = 18.00 NUMBER OF PIPES = 1 PIPEFLOW THRU SUBAREA(CFS) = 20.17 TRAVEL TIME(MIN.) = .23 TC(MIN.) - 13.72 aaaaa+arawwwr♦rrraarw aaraawwrrraaaarra++•w• rrrraraaarr + ++ +www :rrrrrtwaaaaara FLOW PROCESS FROM NODE 2.60 TO NODE 2.60 IS CODE = 10 ---------------------------------------------------------------------------- » »>MAIN- STREAM MEMORY COPIED ONTO MEMORY BANK # 1 ««< + aaaararaarwrrraaaaaa+ r++ waf« w: aafrara+ raararraaa +aaa +rarraaf «f«wa +aaaaaaaar FLOW PROCESS FROM NODE 3.00 TO NODE 3.10 IS CODE = 21 ---------------------------------------------------------------------------- » » >RATIONAL METHOD INITIAL SUBAREA ANALYSIS ««< *USER SPECIFIED(GLOBAL): MULTI -UNITS DEVELOPMENT RUNOFF COEFFICIENT = .5000 INITIAL SUBAREA FLOW - LENGTH = 140.00 UPSTREAM ELEVATION = 61.40 DOWNSTREAM ELEVATION - 60.00 ELEVATION DIFFERENCE - 1.40 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 12.779 100 YEAR RAINFALL INTENSITY(INCH /HOUR) = 3.740 SUBAREA RUNOFF(CFS) _ .69 TOTAL AREA(ACRES) - .37 TOTAL RUNOFF(CFS) _ .69 - ...rar aaaaa.aar ar r r rr asa...aa.♦..aa..aaaaa. r. a. a♦ a a.. a....... a r r r r a a a r r r,. =:OW PROCESS FROM NODE 3.10 TO NODE 2.60 IS - ---- - -------- --- ----- ------- CODE = 9 ------------------------------------- >>COMPUTE "V" GUTTER FLOW TRAVELTIME THRU SUBAREA<<<<< AREA `STREAM NODE ELEVATION = 60.00 RUNOFF WNSTREAM NODE ELEVATION = 37.21 INTENSITY .iANNEL LENGTH THRU SUBAREA(FEET) = 470.00 NUMBER 'V" GUTTER WIDTH(FEET) = 3.00 GUTTER HIKE(FEET) _ .150 PAVEMENT LIP(FEET) = .150 MANNING'S N = .0130 (ACRE) PAVEMENT CROSSFALL(DECIMAL NOTATION) _ .02000 3.41 MAXIMUM - EPTH(FEET) = .31 3.579 100 YEAR RAINFALL INTENSITY(INCH /HOUR) = 3.579 NUMBER (CFS) -USER SPECIFIED(GLOBAL): (INCH /HOUR) MULTI -UNITS DEVELOPMENT RUNOFF COEFFICIENT = .5000 1 23.54 TRAVELTIME THRU SUBAREA BASED ON VELOCITY(FEET /SEC) = 8.71 AVERAGE FLOWDEPTH(FEET) = .30 FLOODWIDTH(FEET) = 3.00 "V" GUTTER FLOW TRAVEL TIME(MIN) = .90 TC(MIN) = 13.68 SUBAREA AREA(ACRES) = 1.52 SUBAREA RUNOFF(CFS) = 2.72 SUMMED AREA(ACRES) = 1.89 TOTAL RUNOFF(CFS) = 3.41 NOTE:TRAVELTIME ESTIMATES BASED ON NORMAL DEPTH EQUAL TO [GUTTER -HIKE + PAVEMENT LIP) END OF SUBAREA "V" GUTTER HYDRAULICS: DEPTH(FEET) = .30 FLOODWIDTH(FEET) = 3.00 FLOW VELOCITY(FEET /SEC.) = 8.71 DEPTH`VELOCITY = 2.61 .. a. aaaaaarr •...aaaaw.arrr.raaaaaarr..raarr ra .waarar♦•aaa.aaaa.rre... :aaaaaa FLOW PROCESS FROM NODE 2.60 TO NODE 2.60 IS CODE = 11 ---------------------------------------------------------------------------- » »> CONFLUENCE MEMORY BANK # 1 WITH THE MAIN- STREAM MEMORY««< a' MAIN STREAM CONFLUENCE DATA ra AREA STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) (MIN.) (INCH /HOUR) (ACRE) 1 3.41 13.68 3.579 1.89 ar MEMORY BANK # 1 CONFLUENCE DATA as STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) (MIN.) (INCH /HOUR) (ACRE) 1 20.17 13.72 3.572 11.89 •• PEAK FLOW RATE TABLE as STREAM RUNOFF Tc INTENSITY NUMBER (CFS) (MIN.) (INCH /HOUR) 1 23.54 13.68 3.579 2 23.57 13.72 3.572 COMPUTED CONFLUENCE ESTIMATES ARE AS FOLLOWS: PEAK FLOW RATE(CFS) = 23.57 Tc(MIN.) = 13.72 TOTAL AREA(ACRES) = 13.78 ------------------------------------------- END OF STUDY SUMMARY: ------------------------ - - - -- -- PEAK FLOW RATE(CFS) = 23.57 Tc(MIN.) = 13.72 TOTAL AREA(ACRES) = 13.78 END OF RATIONAL METHOD ANALYSIS C aaaaaaaaaarrararraaaraaaaaaarraaaaaaaaaararaaarraaaarraaaaaararararaaaaaaaaa RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM PACKAGE Reference: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT 1985,1981 HYDROLOGY MANUAL (c) Copyright 1982 -98 Advanced Engineering Software (aes) Ver. 1.5A Release Date: 01/01/98 License ID 1459 Analysis prepared by: bha, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 Tel: 760 - 931 -8700 Fax: 760 - 931 -7780 -------------------------------------------------------------------------- FILE NAME: E: \505- 0704 \AES \PHYC.DAT TIME/DATE OF STUDY: 14:29 10/24/2000 USER SPECIFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ------ --------- ------ - - - - -- - - -- - -- 1985 SAN DIEGO MANUAL CRITERIA USER SPECIFIED STORM EVENT(YEAR) - 100.00 6 -HOUR DURATION PRECIPITATION (INCHES) - 2.600 SPECIFIED MINIMUM PIPE SIZE(INCH) - 18.00 SPECIFIED PERCENT OF GRADIENTS(DECIMAL) TO USE FOR FRICTION SLOPE = .85 SPECIFIED CONSTANT RUNOFF COEFFICIENT = .500 NOTE: ONLY PEAK CONFLUENCE VALUES CONSIDERED +---------------------------------------------- ----- -- ------ --- --- ---- - -- - -+ I ENCINITAS COUNTRY DAY SCHOOL - 505- 0704 -600 I PROPOSED HYDROLOGY - 100 YEAR I BASIN C +-------------------------------------------- -------------------- ----------+ aaa+**** aaa* aaaa* rarrraa* a* aaaa* a+ arrarra+ aaaaaaaaa +ra +aaaaarraaaaaaaaaraaar FLOW PROCESS FROM NODE 6.00 TO NODE 7.00 IS CODE = 21 ---------------------------------------------------------------------------- »»> RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< ----------------------------------------------- *USER SPECIFIED(GLOBAL): COMMERCIAL DEVELOPMENT RUNOFF COEFFICIENT = .5000 INITIAL SUBAREA FLOW- LENGTH = 310.00 UPSTREAM ELEVATION = 48.00 DOWNSTREAM ELEVATION = 26.80 ELEVATION DIFFERENCE = 21.20 URBAN SUBAREA OVERLAND TIME OF FLOW(MINUTES) = 10.019 *CAUTION: SUBAREA SLOPE EXCEEDS COUNTY NOMOGRAPH DEFINITION. EXTRAPOLATION OF NOMOGRAPH USED. 100 YEAR RAINFALL INTENSITY(INCH /HOUR) = 4.375 SUBAREA RUNOFF(CFS) = 5.86 TOTAL AREA(ACRES) = 2.68 TOTAL RUNOFF(CFS) = 5.86 ------------------------------------------------- --------------------------- END OF STUDY SUMMARY: PEAK FLOW RATE(CFS) = 5.86 Tc(MIN.) = 10.02 TOTAL AREA(ACRES) = 2.68 END OF RATIONAL METHOD ANALYSIS 0 II. CALCULATIONS C. Leach Field Calculation -7XACK ik/teA = -&* 23 4/1 46 2 a6 - N Ldl-J FbiNT = 26• S Top of E!>4e m =36. o Aefi; x aH i:2FXeo)ATioN f TE = I iN//2 M/ ;7 :2 I1054GZ Q = z.7/ �tls l /f _?Coo S {•H7U2o6sC e! LcaLA -nonl P +o.85 j -F o• S lo•6se) Q = p. 50 f (bcs) 5 = /000 D eN USE CN = 944 s,o /a 6jReup c (OM/1fa- LG(i4C. � BUSiNE,S� 5 = /000 —� o 944 S= o - 63$ fi�6u�E I - A -Z 17�P�/LTMI "N T A° sang TAT /o/�/ `L o0,0 GoNT.eo4. Cou.VT� OF .Sart> D /�4o . ars.s4 psi N � A- 2.25Ac. - D. o m Q =p.So� D = . /3✓Tc - .133(1.Zf)- A23niir = el. o2ht- G a o. 6Tc = p.6 (9.Zµ) = 5.54tmiq = O. of hr T = 22 + L = o.oz +O.o9 z 2 494 Ae�2 4 8 ,4 (o•oo35,Yp,5o) (7 Tp 0.16 rb s 2.67 Tp = .2.9 7 (o, /o) = 0.27 4/, "rr -l•67 "rp 1.67(o,/o) = D. /7hn 0.16 1 2,/7 Tip Tr vo1 --!MC = %'zbh _ %Z o. 27 hr x,57 q s)OV V = 4 Is o fi 3 br= 34.06 X51 N Tc = 13.72 min Q = D. 50q A _ /3.79AC — D•Otif�-sg .nr D = .133Tc = .133 C 13.72) = /.92 ,n . -A = O. 03 hr (13.72) = AS59 6.23.Min = 10•/9tir Tp = aD { L = 6.03 + D.�44 = D. /6 hr 2 2 Tb = 2.67 Tp = 2.67(a. /6) = Q. 513 hr -rr = 1.67 Tp = / e7 (o• /!) = O.27 hr D 0.�6 0.27 r-- TV Tr h y o.43 hr) 3406 f =; / tir ff a 9.31 PSI N G Tc /O, o2 ri ;.t Q = o - 50 q A•e- = D• 00212 s$ .o7 f _ .133 Tc. _ . 133(/0, 02) _ /. 33 n,;.r =0. D,2 4r L = O 6 Tc = D• (o (10,02) = (p. o/ m;n T� = 6 n L = o. oz t o• /o = o. /stir 2 2 31 e-Ps 7, _x.67 7-p= .2. t7 = D.29Ar Tr = /.67 TP = /.67(0•//) = p. /8 hr D• // o• /48 Tr rr 6.8. Percolation Testing Soils The scope of the current percolation testing consisted of performing 6 percolation tests to a depth of about 3 feet and the drilling of one small diameter boring to observe groundwater conditions to a depth of 16 feet. The percolation test holes and the small diameter borings were advanced using fl- inch diameter continuous flight augers. The percolation tests were performed in accordance with the percolation test procedures adopted by the County Health Department (September 1991). The results of the percolation tests generally indicate that the area of the proposed track has stabilized percolation rates significantly less than 60 min /inch except for one test. The percolation test results and soil conditions encountered during the testin„ indicate a relatively high rate of percolation. The locations of the percolation tests and Boring B -I are presented on the Geologic Map, (Figure 2). TABLE 6.8. PERCOLATION TEST RESULTS Percolation Stabilized Depth of Test No. Percolation Test Hole Soil Description Rate (min. /in.) (inches) P1 15 42 Loose, dry, light gray brown, fine to medium SAND, with a trace of silt P2 8 37 Loose, dry, light gray brown, fine to medium SAND, with a trace of silt P3 13 38 Loose, dry, light gray brown, fine to medium SAND, with a trace of silt P4 I 1 40 Loose, damp, light gray brown, fine to medium, silty SAND P5 8 41 Loose, damp, light gray brown, fine to medium, silty SAND P6 Did not perk 44 Loose, moist, light gray brown, fine to medium sandv SILT 6.9. Corrosive Soils 6.21. Potential of Hydrogen (pH) and resistivity tests were performed on a representative sample of the site materials to evaluate the corrosion potential to subsurface structures. The tests were performed in accordance with California Test Method No. 643, and, indicate that a "severely corrosive" condition may exist on site. The results are presented in Appendix B and should be considered for the design of underground structures. No. 06216 -12 -01 - 17- November 19, 1998 Velocity in Feet per Second 1 Velocities for upland method for estimating travel time for overland - -- — •,,lvuwll exisung concrete box. THE S.C.S. UNIT HYDROGRAPH METHOD In most drainage basins rainfall runoff data from which unit hydrographs can be derived is unavailable, thus a synthetic unit hydrograph must be developed. The U. S. Soil Conservation Service has developed a method of hydrograph synthesis which is now being widely used. The hydrograph is assumed to be in a triangular distribution as shown below. cip i -o -1 where: D — excess rainfall period (not to be confused with unit time or unit hydrograph duration) L — lag of watershed, time of center of mass of excess rainfall (D) to the time to peak (Tp) Tp — time to peak (hrs) A — area (sq. miles) Tr = time to recede Q — inches of runoff Tb — time base (hrs) L — .6 Tc qp — peak runoff rate (cfs) Tb — 2.67 Tp Tr — 1.67 Tp 484TpAQ QP — Tp —AD + L Tp = OD + .6 Tc '464 is an average constant which was dew:loped from hydrograph studies of many storms. This figure has been known to vary from 600 in a steep terrain to 300 in very flat swampy country. The duration of rainfall excess (D) has a direct effect on the unit hydrograph's peak. Values of D should not be greater than .25 Tp with .2 Tp or D — .133 Tc as the value most generally used. If greater values of D are chosen, it results in an underestimated peak runoff rate. Studies by the U. S. soil Conservation Service over the last 30 to 35 years have resulted in empirical relationships between rainfall, and runoff. The hydrological soil groups, as defined by S. C. S. soil scientists, are: A. (Low runoff potential) Soils having a high infiltration rate even when thoroughly welted and consisting chiefly of deep, well to excessively drained sands or gravel. G�51ANOVT P/tMeIP-:,U"r(ON tmp #l.txt Culvert Calculator Entered Data: Shape........................... Number of Barrels ............... Solving for ..................... Chart Number .................... Scale Number .................... Chart Description ............... LED RING ENTRANCE Scale Decsription ............... WALL Overtopping ..................... Flowrate ........................ Manning's n ..................... Roadway Elevation ............... Inlet Elevation ................. Outlet Elevation ................ Diameter........................ Length.......................... EntranceLoss ................... Tailwater ....................... Computed Results: Circular 1 Headwater 1 1 CONCRETE PIPE CULVERT; NO BEVE SQUARE EDGE ENTRANCE WITH HEAD Off 23.7200 cfs 0.0130 37.0000 ft 31.9500 ft 31.3900 ft 0.5000 ft 6.0000 ft 0.5000 31.8900 ft Headwater ....................... 612.6173 ft Slope ........................... 0.0100 ft /ft Velocity ........................ 120.8050 fps Messages: Tailwater must be < the roadway height. DIS- HEAD- INLET OUTLET CHARGE WATER CONTROL CONTROL FLOW TAILWATER Flow ELEV. DEPTH DEPTH TYPE VEL. DEPTH cfs ft ft ft fps ft 0.10 31.66 0.21 0.00 31.89 2.30 37.00 5.55 0.00 31.89 0.00 NA 0.00 NA Page 1 NORMAL CRITICAL DEPTH DEPTH ft ft 0.14 0.16 OUTLET VEL. DEPTH fps ft 2.16 0.19 0.50 0.50 11.71 0.50 H. CALCULATIONS D. Hydraulic Analysis aaaaaaaaaaaaeaaaaa • aaaaraaaaaaa aaaaaaaaaaaaaaaaaaaaaaaaraaaaaaaaa ♦aasaaasaa aa♦ PIPE -FLOW HYDRAULICS COMPUTER PROGRAM PACKAGE (Reference: LACFCD,LACRD, AND OCEMA HYDRAULICS CRITERION) (c) Copyright 1982 -98 Advanced Engineering Software (aes) Ver. 7.1 Release Date: 01/01/98 License ID 1459 Analysis prepared by: bha, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 Tel: 760- 931 -8700 Fax: 760- 931 -7780 ------------------------------------------------------------------------------ FILE NAME: E: \505- 0704 \AES \PIPEB.DAT TIME /DATE OF STUDY: 10:12 10/25/2000 rwrrwaraaaaaarr+ ar++ awwwra+ aarrarawraaaaaaaaa• ra •wra +aaararaa +aww +wrwwraaaaaae GRADUALLY VARIED FLOW ANALYSIS FOR PIPE SYSTEM NODAL POINT STATUS TABLE (Note: " *" indicates nodal point data used.) UPSTREAM RUN DOWNSTREAM RUN NODE MODEL PRESSURE PRESSURE+ FLOW PRESSURE+ NUMBER PROCESS HEAD(FT) MOMENTUM(POUNDS) DEPTH(F'I) MOMENTUM(POUNDS) 2.60- 2.00* 447.73 1.47 420.52 ) FRICTION ) HYDRAULIC JUMP 2.51- 1.61 Dc 415.62 1.39* 428.44 ) JUNCTION 2.52- 1.99 436.62 1.20* 449.19 ) FRICTION 2.42- 1.60 Dc 404.15 1.33* 422.84 ) JUNCTION 2.41- 1.45 *Dc 432.21 1.45 *Dc 432.21 ) FRICTION ) HYDRAULIC JUMP 2.31- 3.23 624.60 .66* 842.76 1 JUNCTION 2.32- 3.86 633.95 .50* 1005.81 1 FRICTION 2.22- 1.43 *Dc 370.67 1.43 *Dc 370.67 1 JUNCTION 2.21- 2.46* 188.98 .12 1.76 ) FRICTION J 2.11- 1.02* 36.15 .18 Dc 1.40 ------------------------------------------------------------------------------ MAXIMUM NUMBER OF ENERGY BALANCES USED IN EACH PROFILE = 25 ------------------------------------------------------------------------------ NOTE: STEADY FLOW HYDRAULIC HEAD -LOSS COMPUTATIONS BASED ON THE MOST CONSERVATIVE FORMULAE FROM THE CURRENT LACRD,LACFCD, AND OCEMA DESIGN MANUALS. arw* aataaar* rr* arwa* aaaaa* aaraawaaaaataaaaaaaaaaaaaaaaasaaa +aaaraaaaraaaaaaaaa DOWNSTREAM PIPE FLOW CONTROL DATA: NODE NUMBER = 2.60 FLOWLINE ELEVATION = 32.23 PIPE FLOW = 20.20 CFS PIPE DIAMETER = 24.00 INCHES ASSUMED DOWNSTREAM CONTROL HGL = 34.230 ------------------------------------------------------------------------------ NODE 2.60 : HGL = < 34.230>;EGL= < 34.872>;FLOWLINE= < 32.230> +------------------------------------------- ----- -- ---- ---- ---------- -- -- -+ I ENCINITAS COUNTRY DAY SCHOOL - W.O. 505- 0704 -600 1 HYDRAULIC ANALYSIS - 100 YEAR I STORM DRAIN B +-------------------------------------------------------------------------- aaaaaaaa aa* aaaaaaaaraaaaaaaaaaaaaraaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa FLOW PROCESS FROM NODE 2.60 TO NODE 2.51 IS CODE = 1 UPSTREAM NODE ------------------------------------------------------------------------------ 2.51 ELEVATION = 33.83 (HYDRAULIC JUMP OCCURS) CALCULATE FRICTION LOSSES(LACFCD): PIPE FLOW = 20.20 CFS PIPE DIAMETER = 24.00 INCHES ?IPE LENGTH = ---------------------------------------------------------------------------- 159.67 FEET MANNING'S N = .01300 YDRAULIC JUMP: --------------------------------------------------------------------------- DOWNSTREAM RUN ANALYSIS RESULTS IORMAL DEPTH(FT) = 1.47 CRITICAL DEPTH(FT) = 1.61 - ----------------------------------------------------------------------------- UPSTREAM CONTROL ASSUMED FLOWDEPTH(FT) = 1.39 GRADUALLY VARIED ------------------------------------------------------------------------------ FLOW PROFILE COMPUTED INFORMATION: DISTANCE FROM FLOW DEPTH VELOCITY SPECIFIC PRESSURE+ CONTROL(FT) (FT) (FT /SEC) ENERGY(FT) MOMENTUM(POUNDS) .000 1.390 8.662 2.556 428.44 1.790 1.394 8.640 2.553 428.04 3.630 1.397 8.618 2.551 427.65 5.524 1.400 8.596 2.548 427.27 7.477 1.403 8.574 2.546 426.89 9.494 1.407 8.552 2.543 426.52 11.583 1.410 8.530 2.541 426.16 13.751 1.413 8.509 2.538 425.80 16.007 1.417 8.488 2.536 425.45 18.362 1.420 8.466 2.534 425.11 20.828 1.423 8.445 2.531 424.78 23.422 1.426 8.424 2.529 424.45 26.161 1.430 8.404 2.527 424.12 29.068 1.433 8.383 2.525 423.81 32.175 1.436 8.362 2.523 423.50 35.517 1.440 8.342 2.521 423.20 39.146 1.443 8.322 2.519 422.90 43.127 1.446 8.302 2.517 422.61 47.557 1.449 8.282 2.515 422.33 52.574 1.453 8.262 2.513 422.05 58.391 1.456 8.242 2.511 421.78 65.369 1.459 8.223 2.510 421.52 74.182 1.462 8.203 2.508 421.26 86.346 1.466 8.184 2.506 421.01 106.723 1.469 8.165 2.505 420.76 159.670 ------------------------------------------------------------------------------ 1.472 8.146 2.503 420.52 HYDRAULIC JUMP: UPSTREAM RUN ANALYSIS RESULTS DOWNSTREAM CONTROL ASSUMED PRESSURE HEAD(FT) = 2.00 GRADUALLY VARIED ----------------------------------------------------------------------------- FLOW PROFILE COMPUTED INFORMATION: DISTANCE FROM FLOW DEPTH VELOCITY SPECIFIC PRESSURE+ CONTROL(FT) (FT) (FT /SEC) ENERGY(FT) MOMENTUM(POUNDS) .000 2.000 6.428 2.642 447.73 5.878 1.985 6.435 2.628 444.99 10.583 1.969 6.449 2.615 442.50 14.750 1.954 6.466 2.603 440.17 18.546 1.938 6.487 2.592 437.97 22.060 1.923 6.511 2.581 435.90 25.344 1.907 6.537 2.571 433.94 28.432 1.892 6.566 2.562 432.09 31.349 1.876 6.597 2.552 430.35 34.112 1.861 6.630 2.544 428.70 36.734 1.845 6.666 2.536 427.15 39.223 1.830 6.703 2.528 425.70 41.585 1.814 6.742 2.521 424.34 43.824 1.799 6.784 2.514 423.08 45.941 1.783 6.827 2.508 421.92 47.936 1.768 6.873 2.502 420.85 49.806 1.752 6.920 2.496 419.87 51.548 1.737 6.969 2.492 419.00 53.154 1.722 7.021 2.487 418.22 54.615 1.706 7.074 2.484 417.54 55.921 1.691 7.129 2.480 416.96 57.054 1.675 7.187 2.478 416.48 57.995 1.660 7.246 2.475 416.11 58.718 1.644 7.307 2.474 415.84 59.187 1.629 7.371 2.473 415.67 59.356 1.613 7.437 2.473 415.62 159.670 1.613 7.437 2.473 415.62 - ------ -------- - - - - -- -END OF HYDRAULIC JUMP ANALYSIS ------------------------ PRESSURE +MOMENTUM BALANCE OCCURS AT 48.14 FEET UPSTREAM OF NODE 2.60 1 DOWNSTREAM ------------------------------------------------------ DEPTH = 1.766 FEET, UPSTREAM CONJUGATE DEPTH = 1.469 FEET I NODE 2.51 : HGL = < 35.220>;EGL= < 36.386>;FLOWLINE= < 33.830> rrrrfaarf•ttrtarar aafrartffaattaaaffafarawaffraftrara aawtaaffarttrtaaraaaaaaea FLOW PROCESS FROM NODE 2.51 TO NODE 2.52 IS CODE = 5 UPSTREAM NODE 2.52 ELEVATION = 34.16 (FLOW IS SUPERCRITICAL) ------------------------------------------------------------------------------ CALCULATE JUNCTION LOSSES: PIPE FLOW DIAMETER ANGLE FLOWLINE CRITICAL VELOCITY (CFS) (INCHES) (DEGREES) ELEVATION DEPTH(FT.) (FT /SEC) UPSTREAM 19.80 24.00 .00 34.16 1.60 10.041 DOWNSTREAM 20.20 24.00 - 33.83 1.61 8.665 LATERAL #1 .00 .00 .00 .00 .00 .000 LATERAL #2 .00 .00 .00 .00 .00 .000 Q5 .40 = = =Q5 EQUALS BASIN INPUT = == LACFCD AND OCEMA FLOW JUNCTION FORMULAE USED: DY=(Q2*V2-Q1*V1*COS(DELTAI)-03*V3*COS(DELTA3)- Q4 *V4 *COS(DELTA4)) /((A1 +A2) *16.1) +FRICTION LOSSES UPSTREAM: MANNING'S N = .01300; FRICTION SLOPE _ .01689 DOWNSTREAM: MANNING'S N = .01300; FRICTION SLOPE _ .01158 AVERAGED FRICTION SLOPE IN JUNCTION ASSUMED AS .01423 JUNCTION LENGTH = 4.00 FEET FRICTION LOSSES = .057 FEET ENTRANCE LOSSES = .233 FEET JUNCTION LOSSES = (DY +HV1 -HV2) +(ENTRANCE LOSSES) JUNCTION LOSSES = ( .308) +( .233) _ .541 ------------------------------------------------------------------------------ NODE 2.52 : HGL = < 35.362>;EGL= < 36.927>;FLOWLINE= < 34.160> aarrwfaaaft +af ttaaa +trtaaarataaafatattraaraaaa tta saaatatttaaaattawttaaraaaattt FLOW PROCESS FROM NODE 2.52 TO NODE 2.42 IS CODE = 1 UPSTREAM NODE 2.42 ELEVATION = 36.56 (FLOW IS SUPERCRITICAL) ------------------------------------------------------------------------------ CALCULATE FRICTION LOSSES(LACFCD): PIPE FLOW = 19.80 CPS PIPE DIAMETER = 24.00 INCHES PIPE LENGTH = 140.07 FEET MANNING'S N = .01300 ------------------------------------------------------------------------------ NORMAL DEPTH(FT) = 1.20 CRITICAL DEPTH(FT) = 1.60 UPSTREAM CONTROL ASSUMED FLOWDEPTH(FT) = 1.33 GRADUALLY VARIED FLOW PROFILE COMPUTED INFORMATION: ------------------------------------------------------------------------------ DISTANCE FROM FLOW DEPTH VELOCITY SPECIFIC PRESSURE+ CONTROL(FT) (FT) (FT /SEC) ENERGY(FT) MOMENTUM(POUNDS) .000 1.332 8.908 2.565 422.84 1.321 1.326 8.949 2.571 423.67 2.728 1.321 8.991 2.577 424.52 4.227 1.316 9.033 2.583 425.40 5.826 1.310 9.076 2.590 426.30 7.537 1.305 9.119 2.597 427.22 9.371 1.299 9.163 2.604 428.16 11.340 1.294 9.207 2.611 429.12 13.461 1.288 9.251 2.618 430.11 15.752 1.283 9.296 2.626 431.12 18.236 1.278 9.342 2.634 432.16 20.937 1.272 9.388 2.642 433.22 23.891 1.267 9.435 2.650 434.30 27.136 1.261 9.482 2.658 435.40 30.723 1.256 9.530 2.667 436.54 34.719 1.250 9.579 2.676 437.69 39.210 1.245 9.628 2.685 438.87 44.312 1.240 9.677 2.695 440.08 50.190 1.234 9.727 2.704 441.31 57.083 1.229 9.778 2.714 442.57 65.365 1.223 9.829 2.724 443.86 75.660 1.218 9.881 2.735 445.17 89.136 1.213 9.934 2.746 446.51 108.424 1.207 9.987 2.757 447.88 140.070 ------------------------------------------------------------------------------ 1.202 10.037 2.767 449.19 NODE 2.42 : HGL = < 37.892>;EGL= < 39.125>;FLOWLINE= < 36.560> a+ a+ aaaaar+ rarwrra++ raaaa+++ a+ aaararaaaaa+ rawrrarraa +aaaw :rasaaaaa +aa +aawawrr♦ FLOW PROCESS FROM NODE 2.42 TO NODE 2.41 IS CODE = 5 UPSTREAM NODE ----------------------------------------------------------------------------- 2.41 ELEVATION = 36.90 (FLOW IS SUPERCRITICAL) CALCULATE JUNCTION LOSSES: PIPE FLOW DIAMETER ANGLE FLOWLINE CRITICAL VELOCITY (CFS) (INCHES) (DEGREES) ELEVATION DEPTH(FT.) (FT /SEC) UPSTREAM 17.90 18.00 .00 36.90 1.45 10.234 DOWNSTREAM 19.80 24.00 - 36.56 1.60 8.911 LATERAL #1 .00 .00 .00 .00 .00 .000 LATERAL H2 .00 .00 .00 .00 .00 .000 05 1.90 = = =Q5 EQUALS BASIN INPUT = == LACFCD AND OCEMA FLOW JUNCTION FORMULAE USED: DY=(Q2aV2-Q1aV1rCOS(DELTAI)-Q3-V3+COS(DELTA3)- Q4 aV4aCOS(DELTA4)) /((A1 +A2)a16.1) +FRICTION LOSSES UPSTREAM: MANNING'S N = .01300; FRICTION SLOPE _ .02546 DOWNSTREAM: MANNING'S N = .01300; FRICTION SLOPE _ .01251 AVERAGED FRICTION SLOPE IN JUNCTION ASSUMED AS .01899 JUNCTION LENGTH = 4.00 FEET FRICTION LOSSES = .076 FEET ENTRANCE LOSSES = .247 FEET JUNCTION LOSSES = (DY +HV1 -HV2) +(ENTRANCE LOSSES) JUNCTION LOSSES = ( .605) +( .247) _ .852 --- -- -- --------- --- --- -------- ---- - NODE 2.41 : HGL = < 38.350>;EGL= < 39.976 >; FLOWLINE = < 36.900> aaaaaaaaaa♦ aura +awwawaraaaraaaaa +aaaaa agar+ wwwawwaraaaaaaaaaaaaaraaawaaaaawr• FLOW PROCESS FROM NODE 2.41 TO NODE 2.31 IS CODE = 1 UPSTREAM NODE 2.31 ELEVATION = 40.75 (HYDRAULIC JUMP OCCURS) ------------------------------------------------------------------------------ CALCULATE FRICTION LOSSES(LACFCD): PIPE FLOW = 17.90 CFS PIPE DIAMETER = 18.00 INCHES PIPE LENGTH = 192.85 FEET MANNING'S N = .01300 ------------------------------------------------------------------------------ HYDRAULIC JUMP: DOWNSTREAM RUN ANALYSIS RESULTS ___> NORMAL PIPEFLOW IS PRESSURE FLOW NORMAL DEPTH(FT) = 1.50 CRITICAL DEPTH(FT) = 1.45 -------------------------------------------------- ----- ---- ------------------- UPSTREAM CONTROL ASSUMED FLOWDEPTH(FT) _ .66 ------------------------------------------------- ------------------ - - ---- GRADUALLY VARIED FLOW PROFILE COMPUTED INFORMATION: ---------------------------------------------------- -- --------- -- ------ -- ----- DISTANCE FROM FLOW DEPTH VELOCITY SPECIFIC PRESSURE+ CONTROL(FT) (FT) (FT /SEC) ENERGY(FT) MOMENTUM(POUNDS) .000 .660 23.914 9.546 842.76 6.730 .691 22.496 8.554 795.05 13.482 .723 21.232 7.727 752.81 20.258 .754 20.101 7.032 715.27 27.061 .786 19.084 6.445 681.81 33.897 .818 18.168 5.946 651.89 40.770 .849 17.338 5.520 625.09 47.686 .881 16.585 5.155 601.04 54.650 .913 15.899 4.840 579.43 61.669 .944 15.274 4.569 560.01 68.747 .976 14.703 4.335 542.54 75.889 1.007 14.180 4.131 526.83 83.098 1.039 13.700 3.955 512.73 90.373 1.071 13.260 3.803 500.08 97.710 1.102 12.856 3.670 488.77 105.098 1.134 12.486 3.556 478.70 112.512 1.166 12.146 3.458 469.77 119.914 1.197 11.834 3.373 461.90 127.239 1.229 11.549 3.301 455.03 134.386 1.260 11.289 3.241 449.11 141.204 1.292 11.054 3.190 444.10 147.480 1.324 10.841 3.150 439.96 152.927 1.355 10.652 3.118 436.68 157.202 1.387 10.486 3.095 434.27 159.953 1.419 10.345 3.081 432.75 160.906 1.450 10.230 3.076 432.21 192.850 ------------------------------------------------------------------------------ 1.450 10.230 3.076 432.21 HYDRAULIC JUMP: UPSTREAM RUN ANALYSIS RESULTS NORMAL PIPEFLOW IS PRESSURE FLOW DOWNSTREAM CONTROL ASSUMED FLOWDEPTH(FT) = 1.45 , GRADUALLY VARIED FLOW PROFILE ------------------------------------------------------------------------------ COMPUTED INFORMATION: DISTANCE FROM FLOW DEPTH VELOCITY SPECIFIC PRESSURE+ CONTROL(FT) (FT) (FT /SEC) ENERGY(FT) MOMENTUM(POUNDS) .000 1.450 10.230 3.076 432.21 .004 1.452 10.224 3.076 432.21 .015 1.454 10.218 3.076 432.22 .035 1.456 10.212 3.077 432.23 .061 1.458 10.206 3.077 432.25 .096 1.460 10.201 3.077 432.27 .138 1.462 10.195 3.077 432.30 .188 1.464 10.190 3.077 432.33 .246 1.466 10.185 3.078 432.37 .311 1.468 10.179 3.078 432.41 .384 1.470 10.175 3.079 432.46 .465 1.472 10.170 3.079 432.51 .553 1.474 10.165 3.080 432.57 .649 1.476 10.161 3.080 432.64 , .753 1.478 10.157 3.081 432.71 .864 1.480 10.153 3.082 432.79 .984 1.482 10.149 3.082 432.67 1.111 1.484 10.145 3.083 432.97 1.246 1.486 10.142 3.084 433.07 1.389 1.488 10.138 3.085 433.18 1.541 1.490 10.135 3.086 433.29 1.701 1.492 10.133 3.087 433.42 1.870 1.494 10.131 3.089 433.56 2.049 1.496 10.129 3.090 433.71 2.238 1.498 10.127 3.091 433.88 2.443 1.500 10.126 3.093 434.07 ___> FLOW IS UNDER PRESSURE 192.850 3.228 10.129 4.821 624.60 ---------- ----------- - - -END OF HYDRAULIC JUMP ANALYSIS------------------ - - - - -- I PRESSURE +MOMENTUM BALANCE OCCURS AT 132.81 FEET UPSTREAM OF NODE 2.41 1 1 DOWNSTREAM DEPTH = ------------------------------------------------------------------------------ 2.683 FEET, UPSTREAM CONJUGATE DEPTH = .937 FEET I NODE 2.31 : HGL = < 41.410>;EGL= < 50.296 >;FLOWLINE = < 40.750> :aarawaawrararru raawrrrrrrwa rrsrawrrrrarrar •rra • strrrrr• :ttrrawaaaaartrata Hw FLOW PROCESS FROM NODE 2.31 TO NODE 2.32 IS CODE = 5 SUPERCRITICAL) UPSTREAM NODE ------------------------------------------------------------------------------ 2.32 ELEVATION = 41.09 (FLOW IS SUPERCRITICAL) CALCULATE JUNCTION LOSSES: PIPE DIAMETER = 18.00 INCHES PIPE LENGTH = ------------------------------------------------------------------------------ 47.23 FEET MANNING'S N = .01300 PIPE FLOW DIAMETER ANGLE FLOWLINE CRITICAL VELOCITY UPSTREAM CONTROL (CFS) (INCHES) (DEGREES) ELEVATION DEPTH(FT.) (FT /SEC) UPSTREAM 16.28 18.00 .00 41.09 1.43 31.671 DOWNSTREAM 17.90 18.00 - 40.75 1.45 23.922 LATERAL #1 .00 .00 .00 .00 .00 .000 LATERAL #2 .00 .00 .00 .00 .00 .000 Q5 1.62 = = =Q5 EQUALS BASIN INPUT = == 1.318 9.896 LACFCD AND OCEMA FLOW JUNCTION FORMULAE USED: DY=(Q2rV2-QIrV1wCOS(DELTAI)-Q3rV3rCOS(DELTA3)- Q4 rV4aCOS(DELTA4)) /((A1 +A2)t16.1) +FRICTION LOSSES UPSTREAM: MANNING'S N = .01300; FRICTION SLOPE _ .42161 DOWNSTREAM: MANNING'S N = .01300; FRICTION SLOPE _ .18168 AVERAGED FRICTION SLOPE IN JUNCTION ASSUMED AS .30165 JUNCTION LENGTH = 4.00 FEET FRICTION LOSSES = 1.207 FEET ENTRANCE LOSSES = 1.777 FEET JUNCTION LOSSES = (DY +HV1 -HV2) +(ENTRANCE LOSSES) JUNCTION LOSSES = ( 5.091) +( 1.777) = 6.869 NODE 2.32 : HGL = < 41.589 >;EGL = < 57.164>;FLOWLINE= < 41.090> awwwraaaar wrrararwraaa+ arwwrrrarwrarra rraaarwwwrarara :a +waraarar rwa+rawrwaaaaa FLOW PROCESS FROM NODE 2.32 TO NODE 2.22 IS CODE = 1 UPSTREAM NODE ------------------------------------------------------------------------------ 2.22 ELEVATION = 61.00 (FLOW IS SUPERCRITICAL) CALCULATE FRICTION LOSSES(LACFCD): PIPE FLOW = 16.28 CFS PIPE DIAMETER = 18.00 INCHES PIPE LENGTH = ------------------------------------------------------------------------------ 47.23 FEET MANNING'S N = .01300 NORMAL DEPTH(FT) _ .50 CRITICAL DEPTH(FT) 1.43 UPSTREAM CONTROL ASSUMED FLOWDEPTH(FT) = 1.43 GRADUALLY VARIED ------------------------------------------------------------------------------ FLOW PROFILE COMPUTED INFORMATION: DISTANCE FROM FLOW DEPTH VELOCITY SPECIFIC PRESSURE+ CONTROL(FT) (FT) (FT /SEC) ENERGY(FT) MOMENTUM(POUNDS) .000 1.429 9.371 2.794 370.67 .013 1.392 9.515 2.799 371.23 .051 1.355 9.691 2.814 372.84 .114 1.318 9.896 2.839 375.45 .203 1.280 10.130 2.875 379.06 .321 1.243 10.394 2.922 383.71 .471 1.206 10.689 2.981 389.43 .656 1.169 11.017 3.055 396.30 .883 1.131 11.381 3.144 404.41 1.158 1.094 11.783 3.252 413.84 1.489 1.057 12.228 3.380 424.74 1.886 1.020 12.721 3.534 437.25 2.365 .983 13.266 3.717 451.55 2.941 .945 13.871 3.935 467.85 3.637 .908 14.543 4.194 486.40 4.484 .871 15.292 4.505 507.51 5.522 .834 16.130 4.877 531.55 6.808 8.423 10.489 13.196 16.871 22.129 30.365 46.072 47.230 NODE 2.22 .797 17.071 .759 18.132 .722 19.334 .685 20.704 .648 22.276 .610 24.092 .573 26.209 .536 28.699 .499 31.661 HGL = < 62.429 >;EGL = < 5.325 5.868 6.530 7.345 8.358 9.629 11.246 13.333 16.074 558.96 590.29 626.20 667.55 715.39 771.08 836.37 913.58 1005.81 63.794 >; FLOWLINE = < 61.000> + wraaaaa a♦♦ aarwaraaaa ♦r.aaw+ +araaaaa.a..raaaaaaaaaa a.aaa +.wwaaaawaaw :.aaaawaaa FLOW PROCESS FROM NODE 2.22 TO NODE 2.21 IS CODE = 5 LOSSES(LACFCD): UPSTREAM NODE ------------------------------------------------------------------------------ 2.21 ELEVATION = 61.33 (FLOW IS AT CRITICAL DEPTH) CALCULATE JUNCTION LOSSES: .01300 = _ DOWNSTREAM CONTROL PIPE FLOW DIAMETER ANGLE FLOWLINE CRITICAL VELOCITY CONTROL(FT) (CFS) (INCHES) (DEGREES) ELEVATION DEPTH(FT.) (FT /SEC) UPSTREAM .23 18.00 90.00 61.33 .18 .130 DOWNSTREAM 16.28 18.00 - 61.00 1.43 9.374 LATERAL #1 16.06 8.00 .00 64.16 .67 46.009 LATERAL #2 .00 .00 .00 .00 .00 .000 Q5 .00 = = =Q5 EQUALS BASIN INPUT =— LACFCD AND OCEMA FLOW JUNCTION FORMULAE USED: DY=(02rV2-Q1aV1aCOS(DELTAI)-Q3aV3rCOS(DELTA3)- Q4 rV4rCOS(DELTA4)) /((A1 +A2)a16.1) +FRICTION LOSSES UPSTREAM: MANNING'S N = .01300; FRICTION SLOPE _ .00000 DOWNSTREAM: MANNING'S N = .01300; FRICTION SLOPE _ .02083 AVERAGED FRICTION SLOPE IN JUNCTION ASSUMED AS .01042 JUNCTION LENGTH = 4.00 FEET FRICTION LOSSES = .042 FEET ENTRANCE LOSSES = .000 FEET •• CAUTION: TOTAL ENERGY LOSS COMPUTED USING (PRESSURE +MOMENTUM) IS NEGATIVE. as COMPUTER CHOOSES ZERO ENERGY LOSS FOR TOTAL JUNCTION LOSS. NODE 2.21 : HGL = < 63.793>;EGL= < 63.794>;FLOWLINE= < 61.330> + aa+ aaarraaar+ aaaa +aa *wwwaaaa +aarrrrawaraaaaaaa araw +waaaar :.rr +awwwaraaaaa.rww FLOW PROCESS FROM NODE 2.21 TO NODE 2.11 IS CODE = 1 UPSTREAM NODE ------------------------------------------------------------------------------ 2.11 ELEVATION = 62.77 (FLOW SEALS IN REACH) CALCULATE FRICTION LOSSES(LACFCD): PIPE FLOW = .23 CFS PIPE DIAMETER = 18.00 INCHES PIPE LENGTH = 50.00 FEET MANNING'S N = .01300 = _ DOWNSTREAM CONTROL ASSUMED PRESSURE HEAD(FT) 2.46 PRESSURE FLOW PROFILE COMPUTED INFORMATION: ------------------------------------------------------------------------------ DISTANCE FROM PRESSURE VELOCITY SPECIFIC PRESSURE+ CONTROL(FT) HEAD(FT) (FT /SEC) ENERGY(FT) MOMENTUM(POUNDS) .000 2.463 .130 2.464 188.98 33.451 ------------------------------------------------------------------------------ 1.500 .130 1.500 82.76 NORMAL DEPTH(FT) _ .12 CRITICAL DEPTH(FT) _ .18 ASSUMED DOWNSTREAM PRESSURE HEAD(FT) = 1.50 GRADUALLY VARIED FLOW PROFILE COMPUTED INFORMATION: ------------------------------------------------------------------------------ DISTANCE FROM FLOW DEPTH VELOCITY SPECIFIC PRESSURE+ CONTROL(FT) (FT) (FT /SEC) ENERGY(FT) MOMENTUM(POUNDS) 33.451 1.500 .130 1.500 82.76 35.290 1.447 .132 1.447 76.95 37.126 1.394 .134 1.394 71.23 38.966 1.341 .138 1.341 65.65 40.804 1.288 .142 1.289 60.23 42.642 1.235 .148 1.236 54.99 44.479 1.182 .154 1.183 49.95 46.317 1.129 .161 1.130 45.13 48.154 1.076 .169 1.077 40.53 49.991 1.024 .179 1.024 36.17 50.000 - -- -- 1.023 -- .179 1.024 36.15 .JDE 2.11 ----------------------------------------------------- : HGL = < 63.793>;EGL= < 63.794 >; FLOWLINE = < 62.770> .au aaawwwaaaasaaaaaaaarrarraaawaaaaaaaaaaaaaaaaaaaaa ♦.wraraaaaaaaaraaaaaaaa. UPSTREAM PIPE FLOW CONTROL DATA: NODE NUMBER = 2.11 FLOWLINE ELEVATION = 62.77 ASSUMED UPSTREAM CONTROL HGL = 62.95 FOR DOWNSTREAM RUN ANALYSIS END OF GRADUALLY VARIED FLOW ANALYSIS saaa.awwwaaaeaaaawaw«a wwaaaaa as «a awwaaa a«aaaaaa♦aw.aaaa••awwaaaaaaa aaaaa..waa• PIPE -FLOW HYDRAULICS COMPUTER PROGRAM PACKAGE (Reference: LACFCD,LACRD, AND OCEMA HYDRAULICS CRITERION) (c) Copyright 1982 -98 Advanced Engineering Software (aes) ' Ver. 7.1 Release Date: 01/01/98 License ID 1459 Analysis prepared by: bha, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 Tel: 760 - 931 -8700 Fax: 760 - 931 -7780 ------------------------------------------------------------------------------ FILE NAME: E: \505- 0704 \AES \PIPEA.DAT TIME /DATE OF STUDY: 8:43 10/25/2000 as aaarawwwar++ a+ rrara• warnaaaraaawwaawrrraaaaaaaerrawa saa«a aararrrwaaarrraaaa. GRADUALLY VARIED FLOW ANALYSIS FOR PIPE SYSTEM NODAL POINT STATUS TABLE (Note: " *" indicates nodal point data used.) UPSTREAM RUN DOWNSTREAM RUN NODE MODEL PRESSURE PRESSURE+ FLOW PRESSURE+ NUMBER PROCESS HEAD(FT) MOMENTUM(POUNDS) DEPTH(FT) MOMENTUM(POUNDS) 5.40- 1.00 95.66 .71* 105.05 } FRICTION 5.31- .93 Dc 94.52 .51* 144.14 MANHOLE 5.32- .93 Dc 94.52 .53* 139.07 ) FRICTION 5.22- .93 *Dc 94.52 .93 *DC 94.52 ------------------------------------------------------------------------------ MAXIMUM NUMBER OF ENERGY BALANCES USED IN EACH PROFILE = 25 ------------------------------------------------------------------------------ NOTE: STEADY FLOW HYDRAULIC HEAD -LOSS COMPUTATIONS BASED ON THE MOST CONSERVATIVE FORMULAE FROM THE CURRENT LACRD,LACFCD, AND OCEMA DESIGN MANUALS. aaararrrawwrrraaaaarrea aaa+ raaaawaaaaawarwwaaaa +araaa«aaaaaa ++are +aaaaaaaaaara DOWNSTREAM PIPE FLOW CONTROL DATA: NODE NUMBER = 5.40 FLOWLINE ELEVATION = 24.83 PIPE FLOW = 5.37 CFS PIPE DIAMETER = 12.00 INCHES ASSUMED DOWNSTREAM CONTROL HGL = 25.830 ------------------------------------------------------------------------------ NODE 5.40 : HGL = < 25.543>;EGL= < 26.790 >; FLOWLINE = < 24.830> +-------------------------------------------------------------------------- I ENCINITAS COUNTRY DAY SCHOOL - W.O. 505- 0704 -600 I PROPOSED HYDROLOGY - W.O. 505- 0704 -600 1 1 STORM DRAIN A 1 +---------------------------- ---- -------------- - - -- - -- --- ------ - - -- -+ +aaaar aaa +awr+ aaa+ ra+ arraararaaaarar «aa +araaaaaaaara aaraaaaaaaaaarraaw «waraaaa FLOW PROCESS FROM NODE 5.40 TO NODE 5.31 IS CODE = 1 UPSTREAM NODE 5.31 ELEVATION = 28.44 (FLOW IS SUPERCRITICAL) ------------------------------------------------------------------------------ CALCULATE FRICTION LOSSES(LACFCD): PIPE FLOW = 5.37 CFS PIPE DIAMETER = 12.00 INCHES PIPE LENGTH = 120.51 FEET MANNING'S N = .01300 ------------------------------------------------------------------------------ NORMAL DEPTH(FT) _ .72 CRITICAL DEPTH(FT) _ .93 UPSTREAM CONTROL ASSUMED FLOWDEPTH(FT) .51 ----------------------------------------------- ------------------------------- GRADUALLY VARIED FLOW PROFILE COMPUTED INFORMATION: ------------------------------------------------------------------------------ DISTANCE FROM FLOW DEPTH VELOCITY SPECIFIC PRESSURE+ CONTROL(FT) (FT) (FT /SEC) ENERGY(FT) MOMENTUM(POUNDS) .000 .510 13.323 3.268 144.14 1.975 .519 13.049 3.164 141.50 3.988 .527 12.786 3.067 138.99 6.044 .536 12.534 2.976 136.58 8.146 .544 12.291 2.892 134.29 10.301 .553 12.059 2.812 132.10 12.514 .561 11.835 2.737 130.01 14.792 .570 11.620 2.668 128.02 17.143 .578 11.413 2.602 126.11 19.576 .586 11.214 2.540 124.29 22.103 .595 11.023 2.483 122.55 24.737 .603 10.838 2.428 120.88 27.496 .612 10.660 2.377 119.30 30.399 .620 10.489 2.330 117.78 33.472 .629 10.323 2.285 116.33 36.750 .637 10.164 2.242 114.95 40.275 .646 10.010 2.203 113.63 44.108 .654 9.861 2.165 112.37 48.331 .663 9.718 2.130 111.16 53.067 .671 9.580 2.097 110.02 58.505 .680 9.446 2.066 108.92 64.960 .688 9.317 2.037 107.88 73.027 .696 9.192 2.009 106.89 84.037 .705 9.072 1.984 105.95 102.267 .713 8.955 1.960 105.05 120.510 ------------------------------------------------------------------------------ .713 8.955 1.960 105.05 NODE 5.31 : HGL = < 28.950>;EGL= < 31.708>;FLOWLINE= < 28.440> arrarartatrwayy raaaaatrraryraaaaryrawawrawaaaaaa :aaa +aaaaaaaaaaayaawaraaaariaa FLOW PROCESS FROM NODE 5.37 TO NODE 5.32 IS CODE = 2 UPSTREAM NODE ------------------------------------------------------------------------------ 5.32 ELEVATION = 28.77 (FLOW IS SUPERCRITICAL) CALCULATE MANHOLE LOSSES(LACFCD): PIPE FLOW = 5.37 CFS PIPE DIAMETER = 12.00 INCHES AVERAGED VELOCITY HEAD = 2.651 FEET HMN = .05a(AVERAGED VELOCITY HEAD) _ .05r( ------------------------------------------------------------------------------ 2.651) _ .133 NODE 5.32 : NGL = < 29.297>;EGL= < 31.840>;FLOWLINE= < 28.770> as wwrwrryraa +tryraaaayrratraaarwaaaaaaaa araaa as a +asartaawrarraaaaaaa +aaaaawaaa FLOW PROCESS FROM NODE 5.32 TO NODE 5.22 IS CODE = 1 UPSTREAM NODE ---------------------------------------------------------------------------- 5.22 ELEVATION = 38.07 (FLOW IS SUPERCRITICAL) CALCULATE FRICTION LOSSES(LACFCD): PIPE FLOW = 5.37 CPS PIPE DIAMETER = 12.00 INCHES PIPE LENGTH ------------------------------------------------------------------------------ 109.39 FEET MANNING'S N = .01300 NORMAL DEPTH(FT) _ .51 CRITICAL DEPTH(FT) _ .93 UPSTREAM CONTROL ASSUMED FLOWDEPTH(FT) _ .93 GRADUALLY VARIED FLOW PROFILE ------------------------------------------------------------------------------ COMPUTED INFORMATION: DISTANCE FROM FLOW DEPTH VELOCITY SPECIFIC PRESSURE+ CONTROL(FT) (FT) (FT /SEC) ENERGY(FT) MOMENTUM(POUNDS) .000 .934 7.033 1.703 94.52 .020 .917 7.116 1.704 94.58 .078 .900 7.210 1.708 94.76 .177 .883 7.313 1.714 95.06 .318 .866 7.427 1.723 95.47 .503 .849 7.551 1.735 96.00 .737 .832 7.685 1.750 96.65 1.025 .815 7.830 1.768 97.43 1.372 .798 7.986 1.789 98.33 1.786 .781 8.154 1.814 99.37 2.275 .764 8.333 1.843 100.56 2.852 .747 8.526 1.877 101.89 3.531 .730 8.733 1.915 103.38 4.328 .713 8.954 1.959 105.04 5.267 .697 9.192 2.009 106.89 6.376 .680 9.446 2.066 108.92 7.695 .663 9.718 2.130 111.17 9.276 .646 10.011 2.203 113.63 11.194 .629 10.325 2.285 116.34 13.559 .612 10.662 2.378 119.32 16.540 .595 11.026 2.484 122.58 20.423 .578 11.418 2.603 126.15 25.745 .561 11.841 2.739 130.06 33.714 .544 12.298 2.894 134.36 48.204 .527 12.794 3.070 139.07 109.390 ------------------------------------------------------------------------------ .527 12.794 3.070 139.07 NODE 5.22 : HGL = < 39.004>;EGL= < 39.773>;FLOWLINE= < 38.070> rarrr. aaaaarrrrrrr+. a+• rr♦ aaaa. arr..•« rrraaaaaaaarar . +. «rrr + + +..aaaaaaaa....ra UPSTREAM PIPE FLOW CONTROL DATA: NODE NUMBER = 5.22 FLOWLINE ELEVATION = 38.07 ASSUMED UPSTREAM CONTROL HGL = 39.00 FOR DOWNSTREAM RUN ANALYSIS END OF GRADUALLY VARIED FLOW ANALYSIS II. CALCULATIONS E. Inlet Size Calculations HYDRAULIC ELEMENTS - I PROGRAM PACKAGE (C) Copyright 1982 -98 Advanced Engineering Software (aes) Ver. 7.1 Release Date: 01/01/98 License ID 1459 Analysis prepared by: bha, Inc. 5115 Avenida Encinas Suite L Carlsbad, CA 92008 -4387 Tel: 760 - 931 -8700 Fax: 760- 931 -7780 ---------------------------------------------------------------------------- TIME /DATE OF STUDY: 10:38 10/25/2000 * * * * * * * * * * * * * * * * * * * * * * * * ** DESCRIPTION OF STUDY * * * * * * * * * * * * * * * * * * * * * * * * ** k ENCINITAS COUNTRY DAY SCHOOL - W.O. 505- 0704 -600 k INLET ANALYSIS - WORST CASE CONDITION OF 5.37 CFS * AT I✓OpE 5'2z ******************************************* * * * * * * * * * * * * * * *** * * * * * * * * * * * * ** >>>>SUMP TYPE BASIN INPUT INFORMATION<<<< ---------------------------------------------------------------------- - - - - -- Curb Inlet Capacities are approximated based on the Bureau of Public Roads nomograph plots for flowby basins and sump basins. BASIN INFLOW(CFS) = 5.37 BASIN OPENING(FEET) _ .83 DEPTH OF WATER(FEET) _ .83 >>>>CALCULATED ESTIMATED SUMP BASIN WIDTH(FEET) = 2.30 III. EXHIBITS A. Existing Hydrology Map III. EXHIBITS B. Developed Hydrology and Hydraulic Map 00NE V - 10' T11N FLIER UNDER Roar OVER AND UNDER o ° ° ° ® ° 4• PERFORATED PVC PIPE o (E PERODLARON T�NRyR OETAL TF15 S� 2 2 n A GZANOUT AUER 2000 GALLON SAND -CM. INTERCEPTOR OF OVERFLOW PIPES MGM PRECAST MODEL 2000EE OR 7 LIE 'A• RJM-21L00 EQUAL VAIN 6• RYET d OUTLET g LIE 'e• Rw -3L5O PIPES AND FiTTIM � -.... 4FA—SW- LIE 3Y PVC OR LIE 'R' 13' HOPE Y RWOfJATE IOCATE01i AF ELTSTO!16 L A �. COYER �pP 34 CASE EtGA $ 1R ACTpRR 30' wATQC uE o of SPRSwAr. LNE e A E 2a fOA9E4 (OASflOi+'P) LOCATION 01CC -3. 5 LNE W 04&00 FR�i GRADE �'W �'� EOW7AJ:NT FLI PRIOR TO COSTRUCTION .. /�/ /V - / wA� . A1' ROCCOVER - \ Y E /^ \ \� \' % —LINE 'A' -22 0OD0 d CEANOUT \ ' ° PERCOLATION TRENCH DETAIL ppE g�� ,�- LINE 'A• E -34.09 NTS BOX / �- \ FILTER FlL1ER BY 1005TAR LIE 'e' \ \ \. `'• . ✓� \\ e' - oioD -3.xPS E -37.90 � / DR it AL LRE W LINE 'B' -3t 4 INTERCEPTOR "G 07ECFM6CALµ1NY£SiNL ON. 22 / bk 6, �nc, LINE °e° E-s1.m LIE •A• E-z44a .. «., Ima eia.ra awt waYrYa..RwEo LINE •/' E- 31.30 -•\ \ / LIRE 'A' E -21.00 �rw en6 AvB«�! niwus STORM DRAIN COLLECTION SYSTEM �A \Vi IS. LINE'B' E -2'OD 4r► AD. Gk mm 4w g NIS U E 'A' E -23AC LIE 'A' Wl" - ('AO) OD1a00 LINE •B• E-30.00 LINE 'R' E -20.00 a ue«s rs sm Im BENCHMARK SCALE PLANNING & BUILDING APPROVALS CITY OF ENCINITAS ENGINEERING DEPARTMENT DRAWING N0. - APPROW PRNATE STORM DRAIN PLAN FOR: MITP 98-039 �n «� �� «•� /1�r r '� 1m R ENCINITAS COUNTRY DAY SCHOOL 6442 —G _..- r«ssR«ds mmelm 1� 1W SAA R0. 8017 am _ m 11110« 1110 « Mr. I -ai-O7 - 01R PROiR 110. Y.O% MiM SHEET 7 OF 20 TO ILSy 11110 �k f j r - StOP l{ Dib iJA n r P i 41 2,1 � 1 STATEMENT OF ENGINEER OF R ®RK M L.➢EH9E -D QVmm AGREES THAT THE WORK PBRFORYE➢ BY iH6 ENGINEER LL COMPLY WITH TH8 GENERAiI.T -- - A =Ovx -- �Pa�sf° � � �, '> r ,�. a 9} 4D PLAN: I�qc® 1 i 1 * 40 20 0 �1C Pb1NFO'� 9 ®VAIfB THE PLAYS OR DESIGN OP I�ROYEYENT BA9ED THRR60N. T� KNGINEER ACR%E9 TO RvOBYNIPY AND HOLD HARYLB59 THE CITY OF ENCBiITA3, (TS DF9ICERS, ACENTE AND EAH'IdlYEfiS PROM FROPERYT DAMAGE OA BODILY IttIURT RAISING SOLELY AROY THE NEGLIGENT ACTS, BRROR9 OA 8�9910NS OB 59B BNGiN69t, D5 AGENTS OR TT9 BYPLOYEBS, ACiiNG flRItIN THE C011RS% AND �@Y L oa SCA.E: i = a0 5115 AVENIDA ENCINAS SA v_ g a� ti BENCHMARK I SCALE I C0MMI3NITY 0EVEL0Pb4ENT "ate o "®� �' APPROVALS 'CITY OF ENCLNITAS ENGINEERING DEPARTMENT DIWB@LG NO t ® x oN' A= .52 F ?' Aitl "('� ®�® xmo A< �1 BY: BY: _ RFiOrtRv:YDBY it iT !'�Y8 !68 EtVCINITA3 G ®LTt®BAIA LA1 S4A1�V1 Y anoN DAxw ' ��' '91 RON� R.C.B. N0._ HOLLOWAY FtP. 292'14 3 -9t -O3 DATE: DATE: ®p Y YORK PROSECT ND. Da- WO S➢S- OY04 -BOD iii t fir: a o �j . P.P40,,G flGNR <A,n,€ 11110 �k f j i STATEMENT OF ENGINEER OF R ®RK M L.➢EH9E -D QVmm AGREES THAT THE WORK PBRFORYE➢ BY iH6 ENGINEER LL COMPLY WITH TH8 GENERAiI.T - ACCEPT® STANBARDS AND PRACLSCBS OF TRS ENGHi68R'S TRADE OR PROF899ION. THE SNGBNRBR FUHTHEif dGRE85 PHAT THE YORK PERFORMED FRYtBIN SBAIL BB III ACCORDANCE W1T9[ THE RULE9 AND RBGULAT10N9 RKQUHiED HY 1'HB CdTY 0P ENCRdlTA9. TR8 ENGINEER AGRE85 BRAT ANY PLAN CH8C8 OR REVIEW PERFORd¢D BT TBfi CITY 06 ENCRi1TA5 IN I:S CAPACITY AS A PU .0 ENflTY FOR T8E PLAN9 PREPA@BD RY VII% hRiCHJ66R IS NQT A DE(ERYHU910N HY THE CITY OF EftCiNTTAS OF TRR RECHNTCAE �Pa�sf° � � �, '> r ,�. a 9} 4D PLAN: I�qc® 1 SUM9CH3NCY OR ADEQUACY OP 9'He PLANS OR DESIGN AND HH'DtroRE DO85 NOT R8i,1EY6 ARiE ENGHdEBR OF RESPONSffiD1TY POR * 40 20 0 �1C Pb1NFO'� 9 ®VAIfB THE PLAYS OR DESIGN OP I�ROYEYENT BA9ED THRR60N. T� KNGINEER ACR%E9 TO RvOBYNIPY AND HOLD HARYLB59 THE CITY OF ENCBiITA3, (TS DF9ICERS, ACENTE AND EAH'IdlYEfiS PROM FROPERYT DAMAGE OA BODILY IttIURT RAISING SOLELY AROY THE NEGLIGENT ACTS, BRROR9 OA 8�9910NS OB 59B BNGiN69t, D5 AGENTS OR TT9 BYPLOYEBS, ACiiNG flRItIN THE C011RS% AND �@Y L oa SCA.E: i = a0 5115 AVENIDA ENCINAS SA GENCY AND BYPLOYYEPoT. AN➢ ARISIltlG OUT OF THE WORE PERFORMED BY THE &NGINe%R. C RI RLS AD, CA. 92009 -4387 - (ZSO) 931 -B]00 BENCHMARK I SCALE I C0MMI3NITY 0EVEL0Pb4ENT "ate �� "®� �' APPROVALS 'CITY OF ENCLNITAS ENGINEERING DEPARTMENT DIWB@LG NO oN' PILHYS PREPARED UNDER THE SUPERVISION OF RECOMMENDED APPROVED - PROPOSED HYDROLOGCY� PPLeAN$ "('� ®�® xmo DATE: BY: BY: _ RFiOrtRv:YDBY it iT !'�Y8 !68 EtVCINITA3 G ®LTt®BAIA LA1 S4A1�V1 Y anoN DAxw ' ��' RON� R.C.B. N0._ HOLLOWAY FtP. 292'14 3 -9t -O3 DATE: DATE: ®p Y YORK PROSECT ND. Da- WO S➢S- OY04 -BOD SHEET 1 OF 1 DATR. 1n -2a -Sn ■ �L JUJU \L )L]Lff � ) A,a�� Imo „�mm,�aMroM,m 33'01'15” 33'0;'06" INDEX TO ADJOINING SHEE ?S SAN DIEGO COUNTY -4 1683 3 1 4 :655 314 -1 E35 CALIFORNIA 3.0 7663 X31 G. ;689 310 1E95 _ 0 1683 366 .688 3_S tE95 SI -BEET' NO. -Z 5 O_ C C�(1 V V U J IV. REFERENCES rvaV with California wstem, Zone 6 Inoiutetl .W icultun, Soil Confer, ing Depertmenl for , Planning Organization — 1969 3000' lli °IS' SCALE 1:24000 } 0 2000 4000 6000 feet ` 0 K mile K mile 1 mile FEDERAL ASSISTANCE — The Preparation of this moo was f inancaE n✓�F n Pan through a comPraMnuva panning prom from the ' Department of Mousing and Urban Development. Repnfenb e0 acres ITi= __y�a!gLF .o rIIERSTATE a 1 R.4 W. 117'15' Mil[ SAN DIEGO Z1 MI 1 ROAD CLASSIFICATION of, a � '~i4 Heavy duly Medium duty ROUN , �'; XOKES COMPANY, it'(', I I'Market St. 232 -U.31 0242 SAN 0&1311. CAUKRNi!` M41 Wili N. Light duty Unimproved dirt Interstate Route ENCINITAS, CALIF. SE/4 OCEANSIDE 15 QUADRANGLE N3300— Ai11715/7.5 JNTENSITY- OURATION DESIGN CHART 0 15 20 30 40 50. 1 2 3 4 5 6 as 0 C Is v n n v 0 C CM rt S .0 .S .� 0 5 ? 0 `D M . 5 a 5 Directions for Application: 1) From precipitation naps determine 6 hr. and 24 hr. amounts for the selected frequency. These maps are printed in the County Hydrolop Manual (10, S and 100 yr, maps included in t Design and Procedure Manual). 2) Adjust 6 hr. precipitation (if necessary) so that it is within the range of 45% to 65% of the 24 hr. precipitation. (Not applicable to Desert) 3) Plot 6 hr. precipitation on the rigf.t side of the chart. 4) Draw a line through the point parallel to the plotted lines. 5) This ling, is the intensity - duration curve for the location being analyzed. Application Form: 0) Selected Frequency /cc yr. 1) P6 = 2•(a in., P24a 4.7-5-, *P6 = �U! t* P24 2) Adjusted *P 6N 12 .E in. 3) t a min. 4) I a in /hr. *Not Applicable to Desert Region APPENDIX XI rv_A_1d 10 15 20 Minutes INTENSITY- DUTATION DESIGN CHART 30 40 50 1 2 n...., +4�� Hours 3 ,I AM 6.0 ra . :�:S.s c T5.0 0 4.s 4.0 3.0 ' '2.5 L1Ei< .0 1.5 .0 Directions for Application: 1) From precipitation naps determine 6 hr. and 24 hr. amounts for the selected frequency. These maps are printed in the County Hydrolo, Manual (10, 50 and 100 yr. maps included in Design and Procedure Manual). 2) Adjust 6 hr..precipitation (if necessary) so that it is within the range of 45% to 65% of the 24 hr. precipitation. (Not applicable to Desert) 3) Plat 6 hr. precipitation on the right side of the chart. 4) Draw a line through the point parallel to th, plotted lines. 5) This ling is the intensity - duration curve fo. the location being analyzed. Application Form: 0) Selected Frequency -150 yr. 1) P6 = x.25 in., P24= /.o *P6 P24 2) Adjusted *P6= 2 •,2 5 in. 3) t min. 4) I = in /hr. *Not Applicable to Desert Region APPENDIX XI IV -A -14 Revised 1/85 10 15 20 Minutes 30 40 50 1 n,,,., + i ,.,, 1NitNbITY- OUPATION DESIGN CHART 2 . 3 Hours 4 5 6 rn ,I I x 7 °c v j b .6.0 ,y ;5.5 �• 15.0 l4.S 14.0 X3,5 ^ 3.0 '.5 0 .5 .0 Directions for Application: 1) From precipitation maps determine 6 hr. and 24 hr. amounts for the selected frequency. These maps are printed in the County Hydrolo Manual (10, 50 and 100 yr. maps included in Design and Procedure Manual). 2) Adjust 6 hr. precipitation (if necessary) so that it is within the range of 45% to 65% of the 24 hr. precipitation. (Not applicable to Desert) 3) Plot 6 hr. precipitation on the riot;, side of the chart. 4) Drava a line through the point parallel to th plotted lines. 5) This line is the intensity - duration curve fo, the location being analyzed. Ipplication Form: 1) Selected Frequency /O yr. P6 = 16,5 in., P24= 3.0 *P6 P24 Adjusted *P6= /.1v6 in. 1) t = min. I in /hr. *Not Applicable to Desert Region APPENDIX XI IV -A -14 Revised 1/85 COUNTY OF DIEGO DEPARTMENT SAN OF SANITATION s, 100 -YEAR 24-1,101 f? PRECIPITATION FLOOD CONTROL '-20 ./ISOPLUUIP.LS O F 100 -YEAR 24- I•IOUR 451 PRECIPITATION IN -ENTHS OF AN INCH 70 �y 135 e .� I••lao :..t .., • %� Cq ;;�0 ) � 3�a•� �o u u ,a 80 ' c 5 ' SACf. 60 t �cS j if CL I 30 — IOC — \. -- SAN CI MENIE ' a4� �' %� I• L o - \j • -1 . 1 ' 100 70 :e0 1 X100 `45 (\\ -- 5(f, � 5. ��, c� " ` Ply 151 _ / `•? _ •i 1 40' aN II11�J 1 // ' •r I E_ n. oil. I� / 100 / . 4 , 33 - -- r Cp I,NA. sl. .,l n,�llc�. - -All 'j.- = -- - rEru,•r:I ;, ..�1 �f' J (x130 JO' If J 45' -- Fir by 80 I' OF COSAERf II C E U.S. DEPARTAIEN 70 JOr -Cut. t. � ) a NATIONAL OCEANIC AND Al" OSroc RIC ADmiNISTRATION PECIAL STUDIES URANCII, OFFICE OP—OROLOOY, NATIONAL VEATIIER SERVICE SA 4� 5 4 I- - 30I •4 45 0 5500 I1J1' 115' 30' I.' 117' III;I 3 n I I1l,' COMITY OF SAN DIEGO FLOOD CONTROL OF SANITATION L I00 -YE ^ R �_` OUR PREU "'ITATION FLOOD COlJTROL 00—Y EAR rz '-20-/ ISOPLUVIALS OF 100 -YEAR 6 -110UR PRECI ITATIU.i Ii'lf E NIT <<S OF AN N-T111 V4 ELS, • \ 1� &P LoG;. ACE.ACN I; tyj�`�:1.• 1 `) 35 �`l \ , 3 �� `~ '� t r 30 1 30 \ icGG ;' snl is J j O G 35 .� taL c.4 27 SAN Cl h:CNiE 45 W — 15' - 25 Esconulool 1 _ • 30 33 ! � , �r•aoNA 3j( 040 a AL MAR \45 50,/11 z 451 E CA)0� -i' - - _ — Plop. :d b, 2U U.S. DEPARTMEN I' OF COMMERCE L NATIONAL OCEANIC AND AT. OSPIIE RtC ADMINISTRATION iPECIAL STUDIES IIRAYCN. OFFICE OF 11 OROLOCY. NATIONAL WEATHER /'1�'2 , mcu.. •� TITER SERyCE ( �• ��, '✓ SAf/ ',JNO /Ll 7/ . E I I 0 30' 204 r35 3� 0 1181 451 301 151 1170 —11151 30' 151 116 • COUNTY OF SAN DIE00 DEPARTMENT OF SANITATION b EAR 24-HOUR HOUR PRECIPI � ATION FLOOD CONTROL 50—Y EAR —!7 1'20-1 ISCPLUVIALS I O 50 -'SEAR 24- 1110Ur PRECIPITATION IN TENTHS OF All INCH 451 - -- _ • ,r70� —Uj I I r� : ' j5 1 lI— vvl a0 x._11145 4 ccgp n .krqcf� 31 SAN Cl MENrE\ Q 151 15 `:, v- 35, anNSIC V \ �' 30 60 \ , - r 3 y > 79 , 330 _ �155tn ;ON'A�\_l. 10 ' ,11ItC1t ; )ELI Q2 go 451 'for 1< l i •fir > u ✓ t' e v..o„ d eY U.S. DEPARTME,\' f OF C61MERCE � - NATIONAL O[F.A NIC AND AT lg PIIE RIC AO }pSIgT RA710N r J n I � I :CIAL STCDIF.S DRANCII, OFFICE OF 11 UROLOGY. NATIONAL YEA 1 �� '1 Ifs / 540 35. WEATHER SERVICE � $qll v ' 45 � J :! 30, I I yr, u ' IIC" 1-c1 lint Ic, III* I.rl COUNTY OF SAN DIEGO FLOOD CONTROL OF SANITATION b 50-YEAR EAR G -HOU . PREw'1 1 T ATION FLOOD CONTROL `; �v' '20—/ ISOPLIJUTALS OF 50 -YEAR 641OUR 451 PNECIFI i Ui i s"i•] I;; i I -NTi,S OF AN HN �I LA I NA DE-11 'ip /.x:16 �•., �:r.� 11 .� 3 ) \ a��.''• ~\ ` \ i 301 VVVN i �% •5 SAGf� 5 ��' `` `�. `. a 1).. 11.5 4 r� SAN CI 30 ( ',�I \9 � '• 1�\ �\ •. \ ``2.5` �1J5� �} 151 215 \� I 25' 30 13.3, Z:j gyp` 33 3 5\ �- 1 IUAARV, I� 20 NY 45 \ 22.5 25- d by U.S. DEPARTME, T OF C041AIERCE NATIONAL 7.5 , L OCEANIC AND AT :OS PIIERIC AO \IIN ISTRA ` C Y \\ SPECIAL lTVDIES BRANCH, OFFICE OF 11'DROLOGY, NATIONAL SEAN 1 .51 % �� I�t / \� �" IACU'. IA _ TNER DER VICE M ,l/ J�- 1.5 • .i' 301 18/ • n • • 118' 451 30t 151 117 450 301 ICI tiff COUNTY OF SAN DIEGO 10-YEAR 6 -1100 PRECIPITAT(0r� DEPARTMENT OF SANITATION L FLOOD CONTROL `16— ISS LfiRALS I f1r 10 -YEAR 0- 111aii l 451 PRECIFITATIMN IN TENTHS OF AN INCH Y �y, LAC I.'A OG .I1 ' /':`�'� ..' l ;;�4 ' \24 \• ��It �, 301 2 � 1\ \ - �\ SAN CL IJEf 1 J 330 21 1 1. -�- • _ _.�(L • �• 1a! NA �- ' , .122' f y 1 r 141.7 14 451 \ ? I . a 28 U.S. DEPgRTS1Et\T OR COMMERCE ; � I NATIONAL OCEANIC AND A22 — C SPECIAL lTC NATIONAL OFFICE OF I •p R'11CRIC ADMINISTRATION ' , 'pCU, a 1 \ OLOOY. NATIONAL WEATHER RGRVICC SAI 1 'nf'' �''� • 1 /• .. 30 1618x244 +7r2u 10 20 20 20 I 1180 451 30 r 1 151 117 • 451 301 15' I1�• COUNTY OF SAN DIEGO DEPARYMENT OF SANITATION b � 1 FLOOD CONTROL 1 10 -YF ?i11 9 - ��Olfg-) pnrPWIT Tin 451 301 151 33° SAN CLIMENTE ''10- ISOPLUVIALS F 10 -YEAR 24 -HOUR PRECIPITATION IN ENTHS OF AN' I11CIi `� Y' _ )U \ D P. ;) . 451 / ' Ar.p. red er U.S. DEPARTMEi T OF COMMERCE NATIONAL OCEANIC AND AT .M SPIIP,RIC ADNIMISTRATION SPECIAL STUDIES ORAN CII. 01710E OY 1 DRO LOGY. NATIONAL wEATN [R SERVICE 301 110° 451 301 151 - i.\ O °. C Za�1 4 0' LQr " ' - 4. ! _ 2 \` J 1 `4D `30,J�, Ci 0.,� I /I /'.J �pp,llll •• _I v J� 117° 1151 301 02y_ 151 IIG° c i COAST I FOOTHILL MOUNTAIN ue'lo' DESERT MOUNTAIN u0 h S H•rf . . . Jb OdILL ..0 PRECIPITATION ZONE NUVIVERS n•e 3e• 1, — etas' — NOTE 'r•,�F a pIf _' l•� - qr The 1.0 1.0 line toile's the vent line "\' • \.i�Y� _ _ yt - 1 at the ocean. t T'• \� .r. r -• J .. �, ^' \, FIGURE I-A-2 DEPARTMENT OF SANITATION 8 FLOOD CONTROL •i� -I,, ��' _ - �- ..0 COUNTY OF SAN DIEGO -- -I. `_ _ -- -" -- -- - (/J S.0 3.Sv DESERT FL000 CONTROL DISTRICT • PRECIPITATION ZONES 1,0 1.5 2.0 L COAST FOOTHILL I MOUNTAIN ZONE LINES PRFCIPITATInn 7n•,re