Loading...
2008-9435G/ ID�//3 N I Sampo Engineering, Inc. wE Land Planning, Civil Engineering, Surveying, Mapping 1 S May 7, 2009 page 1 of 1 Debra Geishart City of Encinitas Engineering Department 505 South Vulcan Avenue Encinitas, CA 92024 -3633 Subject: Boyer Property, 614 Ocean View Avenue, Encinitas, Parcel Map No. 20567 Dear Debra, Our office has set the monuments as shown on Parcel Map 20567 for the subject property, and has been paid for said services. If you have questions please feel free to contact me. Sincerely, Vince Sampo, PE, PLS President 1034 Second Street ♦ Encinitas, CA 92024 ♦ phone: 760 - 436 -0660 ♦ fax: 760436 -0659 info@sampoengincering.com I i a i y r 8 aV 1 1 14 i l! 0 ENGINEERING SERVICES DEPARMAENT 505 S. VULCAN AVE. ENCINITAS, CA 92024 IMPROVEMENT PERMIT PERMIT NO.: 9435II PARCEL NO. 256- 151 -2600 PLAN NO.: 1. JOB SITE ADDRESS: 614 OCEAN VIEW AVE CASE NO.: 05113 / CDP APPLICANT NAME RANDALL & BARBARA BOYER 3. INSPECTION FEE MAILING ADDRESS: 614 OCEAN VIEW AVE PHONE NO.: 619 -507 -8059 CITY: ENCINITAS STATE: CA ZIP: 92024 - 187.00 CONTRACTOR : UNDERGROUND UTILITIES INC PHONE NO.: 619- 461 -9500 LICENSE NO.: 580460 LICENSE TYPE: A INSURANCE COMPANY NAME: AMERICAN HOME INSURANCE 9. IN -LIEU UNDERGRN POLICY NO. : 3791549 POLICY EXP. DATE: 3/17/09 ENGINEER : SAMPO ENGINEERING PHONE NO.: 760 - 436 -0660 PERMIT ISSUE DATE: 8/27/08 12.PLAN CHECK DEPOSIT: .00 PERMIT EXP. DATE: 3/17/09 PERMIT ISSUED BY: - - - - -- INSPECTOR: PETER HALL -------------- ----- - - - - -- PERMIT FEES & DEPOSITS ---------------------------- 1. PERMIT FEE .00 2. GIS MAP FEE 375.00 3. INSPECTION FEE 937.00 4. INSPECTION DEPOSIT: .00 5. NPDES INSPT FEE 187.00 6. SECURITY DEPOSIT .00 7. FLOOD CONTROL FE .00 8. TRAFFIC FEE .00 9. IN -LIEU UNDERGRN .00 10.IN -LIEU IMPROVMNT .00 ll.PLAN CHECK FEE .00 12.PLAN CHECK DEPOSIT: .00 - ------------------ - - - - -- DESCRIPTION OF WORK ----- -------------------- - - - - -- PERMIT TO GUARANTEE BOTH PERFORMANCE AND LABOR /MATERIALS FOR IMPROVEMENTS SHOWN ON THE APPROVED IMPROVEMENT PLAN. SECURITY DEPOSIT POSTED WITH LEUCADIA WASTWATER DISTRICT. LETTER DATED JULY 29, 2008 APPLIES. - - -- INSPECTION ---------- - - - - -- DATE -- - - - - -- INSPECTOR'S SIGNATURE - - -- INITIAL INSPECTION FINAL INSPECTION AS- BUILTS AND ONE YEAR WARRANTY RETENTION REQUIRED. I HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION IS TRUE. T /1 SIGNATURE �0.rb&rc,_ To��eir PRINT NAME CIRCLE ONE: ClOWNER 2. AGENT 3. OTHER P-.2-7- O f' 6/9 S0% -eoFY TELEPHONE NUMBER 1 1 1 I V C G a 1. 1 a 1 1 H A vNGINEERING SERVICES DEPAR'4ENT 505 S. VULCAN AVE. ENCINITAS, CA 92024 ------------------------------------------------------------------------------- GRADING PERMIT PERMIT NO.: 9435GI PARCEL NO. 256- 151 -2600 PLAN NO.: 2,059.00 JOB SITE ADDRESS: 614 OCEAN VIEW AVE CASE NO.: 05113 / CDP APPLICANT NAME RANDALL & BARBARA BOYER 41,192.00 7. MAILING ADDRESS: 614 OCEAN VIEW AVE PHONE NO.: 619 -507 -8059 CITY: ENCINITAS STATE: CA ZIP: 92024 - 10.IN -LIEU IMPROVMT CONTRACTOR : UNDERGROUND UTILITIES INC PHONE NO.: 619 - 461 -9500 LICENSE NO.: 580460 .00 LICENSE TYPE: A ENGINEER : SAMPO ENGINEERING PHONE NO.: 760- 436 -0660 PERMIT ISSUE DATE: 8/27/08 PERMIT EXP. DATE: 3/17/09 PERMIT ISSUED BY: INSPECTOR: PETER HALL ------------------- - - - - -- PERMIT FEES & DEPOSITS -------------- - - - - -- 1. PERMIT FEE .00 2. GIS MAP FEE .00 3. INSPECTION FEE 2,059.00 4. INSPECTION DEPOSIT: .00 5. NPDES INSPT FEE 411.00 6. SECURITY DEPOSIT 41,192.00 7. FLOOD CONTROL FE 709.00 8. TRAFFIC FEE .00 9. IN -LIEU UNDERGRN .00 10.IN -LIEU IMPROVMT .00 ll.PLAN CHECK FEE .00 12.PLAN CHECK DEPOSIT: .00 ------------------- - - - - -- DESCRIPTION OF WORK -------------- - - - - -- PERMIT TO GUARANTEE BOTH PERFORMANCE AND LABOR /MATERIALS FOR EARTHWORK, DRAINAGE, PRIVATE IMPROVEMENTS, AND EROSION CONTROL. CONTRACTOR MUST MAINTAIN TRAFFIC CONTROL AT ALL TIMES PER W.A.T.C.H STANDARDS OR APPROVED PLAN. LETTER DATED JULY 29,2008 APPLIES. - - -- INSPECTION ---------- - - - - -- DATE -- - - - - -- INSPECTOR'S SIGNATURE - - -- INITIAL INSPECTION COMPACTION REPORT RECEIVED ENGINEER CERT. RECEIVED ROUGH GRADING INSPECTION FINAL INSPECTION I HEREBY ACKNOWLEDGE THAT I HAVE READ THE APPLICATION AND STATE THAT THE INFORMATION IS CORRECT AND AGREE TO COMPLY WITH ALL CITY ORDINANCES AND STATE LAWS REGULATING EXCAVATING AND GRADING, AND THE PROVISIONS AND CONDITIONS OF ANY PERMIT ISSUED PURSUANT TO THIS APPLICATION. SIGNATURE DATE SIGNED rVk r4a2 ►� �o Ye r CP l9 PRINT NAME TELEPHONE NUMBER CIRCLE ONE: 1. OWNER 2. AGENT 3. OTHER 0349 -2005 02:50pm Fran- T -435 P.001 F -824 LandAmerica Commonwealth Commonwealth Land Title Company 3131 Camino del Rio N., #1400 San Diego, CA 92108 Phone: (619) 686 -6000 Commonwealth Land Title Co. Our File No: 03004470 - 499 - 503 5120 Avenida Encinas #110 Title Officer: Candy Church Carlsbad, CA 92008 (CandyChurchQLandam.com) Phone; (619) 686 -2153 Fax! (619) 686 -2183 Attn: Dorothy Peralta (760) 602 -6731 Your Reference No: 03004470 -MZ1 Property Address: 614 Ocean View Avenue, Encinitas, California PRELIMINARY REPORT Dated as of December 17, 2004 at 7:30 a.m. In response to the above referenced application for a policy of title Insurance, Commonwealth Land Title Company hereby reports that it Is prepared to Issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in Exhibit B attached. Copies of the Policy forms should be read. They are available 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. please read the exceptions shown or referred to below and the exception and exclusions set forth In Exhibit 8 of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. it is important to note that this preliminary report is not a written representation as to the condition of dtfs and may not list all liens, defects, and encumbrances affecting titre to the land. CLTA Preliminary Report (Rev. 1-1 -95) Page D �5 JUL 62005 5EERMG SERVICES / :.iTY OF ENCINITAS 03 -09 -2005 02:50pm From- T -435 P.002 /007 F -824 File No: 030174470 SCHEDULE A The form of policy of title Insurance contemplated by this report is: ALTA Loan 1992 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Brian J. O'Connor and Ellen W. O'Connor, husband and wife as joint tenants The land referred to herein is situated in the County of San Diego, State of California, and is described as follows' SEE EXHI8rT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 03 -00 -2005 02:51pm From- T -435 P 003 /007 F -824 File No: 03004470 u EXHIBIT "A" All that certain real property situated in the County of San Diego, State of Califomla, described as follows: Lot 5 In Block 3 of Avocado Acres, in the City of Encinitas, County of San Diego, State of California, according to map no. 1791, filed in the Office of the County Recorder of San Diego County on April 29, 1924 In the State of California Page 3 03 -00 -2005 02:51ps From- File No: 03004470 :I SCHEDULE B M T -435 P 004/007 F -624 At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2004 - 2005- 1st Installment: $2,569.18 (Delinquent) 2nd Installment: $2,569.18 (Open) This amount Is valid until April 10, after which penalties apply Penalty (Including cost): $266.92 Due with Installment amount If paid after April 10 Exemption: $7,000.00 Code Area: 19078 Assessment No.: 256- 151 -26 -00 B. Supplemental or escaped assessments of property taxes, If any, assessed pursuant to the Revenue and Taxation Code of the State of California. I. Water rights, claims or title to water, whether or not shown by the public records. 2. Covenants, conditions and restrictions, if any, appearing in the public records. 3. Any easements or servitudes appearing in the public records. 4. A deed of trust to secure an Indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $295,000.00 Dated: August 8, 2002 Trustor: Brian ). O'Connor and Ellen W. O'Connor, husband and wife Trustee: C.C.M.0 Co., a California Corporation, a California Corporation Beneficiary: Capitol Commerce Mortgage Co., a California Corporation Recorded: August 20, 2002 as Instrument No. 2002- 0704025, of Official Records 5. A deed of trust to secure an Indebtedness in the amount shown below, and any other obligations seared thereby. Amount: $150,000.00 Dated: February 18, 2004 Trustor: Brian ). O'Connor and Ellen W. O'Connor Trustee: Ticor Title NLS, a California Corporation Beneficiary: Washington Mutual Bank, FA, a Federal Association Recorded: February 23, 2004 as Instrument No. 2004 - 0137566, of Official Records END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION' WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 4 03 -09 -2005 02:51pa From- T -435 P.005/007 F -924 File No: 03004470 u REQUIREMENTS SECTION: REQ NO. I: The Company will require a statement of information from the parties named below in order to compiete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or Impose liens or encumbrances thereon. Parties Buyers /Sellers Page 5 03 -06 -2005 02:51aa Fron- T -435 P.006/007 F -624 File No: 03004470 INFORMATIONAL NOTES SECTION NOTE NO. 1: Privacy notice (15 U.S.C. 6801 and 16 CFR part 313): We collect nonpublic personal Information about you from information you provide on forms and documents and from other people such as your lender, real estate agent, attorney, escrow, etc. We do not disclose any nonpublic personal Information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that Information In order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with regulations to guard your nonpublic personal information. NOTE NO. 2: The information on the attached plat Is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat Is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 3: California insurance code section 12413.1 regulates the disbursement of escrow and sub -escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and /or disbursement may be delayed. All escrow and sub -escrow funds received by the company will be deposited with other escrow funds in one or more non - interest bearing escrow accounts of the company In a financial institution selected by the company. The company may receive certain direct or Indirect benefits from the financial institution by reason of the deposit of Such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may Include, without limitation, credits allowed by such financial Institution on loans to the company or Its parent company and earnings on Investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for Its services in connection with the escrow or sub - escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 530 °B" Street San Diego, CA 92101 ABA # 122- 000-496 Credit To: Commonwealth Land Title Company - San Diego County Account *9100899563 RE: 03004470 937 - M21 PLEASE INDICATE COMMONWEALTH LAND TITLE COMPANY ESCROW OR TITLE ORDER NUMBER Page 6 03 -09 -2005 02:51as Fror T -435 P.007/007 F -824 File No: 03004470 1__/ U NOTE NO. 4: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, OHL, Airborne, Express mail, etc.) Are $15.00 Per letter, standard overnight service, and $25.00 for larger size packages and /or priority delivery services. Such charges Include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cast of such services, There will be no additional charge for pick -up or delivery of packages via the company's regularly scheduled messenger runs. NOTE NO. S: The vestee Is eligible for a $20.00 fee reduction pursuant to the Final Judgments entered In People of the State of California v. LandAmerlca Financial Group, Inc., et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor, at al. v. LandArnerlca Financial `:' d;mup, Inc., et al., Los Angeles Superior Court Case No. BC 231917. y PYGTE NO. 6. The charge for a policy of title Insurance, when issued through this title order, will �,����"ppy{{�� ;be based on REFINANCE RATE. 111 NOTE NO. 7. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. NOTE NO. B. The following information will be Included in the CLTA Form 116 Endorsement to the Issued pursuant to this order: There Is located on said land: A single family residence Known as: 614 Ocean View Avenue, Encinitas, California NOTE NO. 9. There are no conveyances affecting said land recorded within 24 months of the date of this report. NOTE NO. 10. THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at dosing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure check has cleared the bank (uniess a copy of the cancelled check is provided, In which case there will be no hold). Typist: mr6 Date Typed: December 29, 2004 Page 7 August 7, 2008 Keith Harrison and Peter & Dora Curry P.O. Box 231594 Encinitas, CA 92024 Re: Permit issuance requirements for: Application 805-G Case # 06 -152 Site Address: 529 Fourth Street APN 258- 072 -11 This letter summarizes the requirements for pulling your Engineering Permit for drawing 0805 -G. Your approved plan will remain valid for one year. If the permit is not issued within six months from the date of approval of the drawings, the plans will be subject to review by City staff for compliance with current codes and regulations before a permit can be issued, and changes to the approved plans as well as additional fees may be required. Please read through this letter carefully and contact the City with any questions you may have. It contains information about many requirements that may apply to your project and can make the process clearer and easier for you. In order to obtain the permits to construct the work shown on your approved plans, you will need to satisfy the requirements below. All of the items listed below must be submitted to the Engineering front counter in one complete package at the time the applicant, comes in to pull the permit_ Partial_ submittals of any kind will not be accepted. Your project planchecker will not accept any of the documents listed on behalf of the Engineering front counter staff; all items must be submitted to the front counter directly together and at one time. The correct number of each of the requested documents must be provided; copies of documents submitted to the City during plancheck do not reduce the necessary quantities listed below. (1) Provide 4 print sets of the approved drawing 0805 -G Provide 2 copies of the Soils Report titled "Preliminary Geotechnical Investigation, Proposed Two (2) Residential Units, 529 Fourth Street, Encinitas, California" prepared by Coast Geotechnical Consulting Engineers and Geologists and dated December 10, 2007. Pay additional plancheck fees in the amount indicated in the fee table below. Pay NPDES plancheck fees in the amount indicated in the fee table below. Submit 2 copies of the approved, signed (not draft) Resolution of Approval or Notice of Decision for Planning Case #06 -152, to be routed by the City to inspector and file. (2) Post Security Deposits to guarantee all of the work shown on your approved drawings. The amounts of security deposits are determined directly from the Approved Engineer's Cost Estimate generated by your engineer according to a set of predetermined unit prices for each kind of work shown on your plans. You will be required to post security deposit(s) as follows: U (a) Security Deposit for Grading Permit 0877 -G: in the amount $87.881.00 to guarantee both performance and labor/ materials for earthwork, drainage, private improvements, and erosion control. (b) Security Deposit for Improvement Permit NIA: in the amount $0.00 to guarantee both the performance and labor/ materials for the improvements shown on the approved improvement plan. (c) Security Deposit for Undergrounding of Overhead Utilities: in the amount of $0.00 to guarantee the required undergrounding of overhead utilities for your project. The amount of this deposit is based upon a cost of $380.00 per linear foot of undergrounding required for your project. As an alternative, the applicant may provide a proposal for the required undergrounding supplied by SDGBE accompanied by receipts showing that the entirety of that required sum has been paid to the utility company. (d) Security Deposit for Deferred Monumentation: in the amount of $0.00 to guarantee the setting of the monuments for your project. The amount of the security deposit is based directly upon the Monumentation Cost Estimate provided by your project engineer. A minimum of 20% and up to 100% of the amount listed in item(s) 2(a) must be in the form of cash, certificate of deposit, letter of credit, or an assignment of account. Up to 80% of the amount listed in item 2(a) may be in the form of auto - renewing Performance and Labor and Materials Bonds issued by a State of California licensed surety company. Up to 100% of the amount(s) listed in item(s) 2(b), 2(c), and /or 2(d) may be in the form of auto - renewing Labor and Materials bonds issued by a State of California licensed surety company. Cash, certificates of deposit, letters of credit, and assignments of account are also acceptable financial instruments. If a certificate of deposit (CD) will be obtained to secure the entire amount(s) listed in item(s) 2(a) and /or 2(b), two separate CD's for 25% and 75% of the amount(s) listed in item(s) 2(a) and /or 2(b) should be obtained in order to facilitate any future partial release of those securities. CD's posted may be of any term but must be auto - renewing and must specify the City of Encinitas as a certificate holder and include a clause that until the City of Encinitas provides a written request for release of the CD, the balance shall be available to the City upon its sole request. The format of any financial instrument is subject to City approval, may be in the owner's name only, and must list the City of Encinitas as a Certificate Holder. For any questions regarding how to post securities, bonding, or the required format of securities please contact Debra Geishart at 760- 633 -2779. (3) Pay non - refundable fees as listed below: Fee Type Amount Grading Inspection $4,394.00 Improvement Inspection NIA NPDES Inspection (Grading) 878.00 NPDES Inspection (Improvement) NIA _ Flood Control $105.00 Underground In -lieu Fees $28,500.00 Encroachment Permit 805-PE 290.00 GIS Mapping Fee (Maps/ PM's only) NIA The grading and improvement inspection fees are calculated based on 5% of first $100,000.00 of the approved Engineer's cost estimate dated May 23, 2008 and 3% of the cost estimate over $100,000.00. The NPDES inspection fee is assessed as 1% of the first $100,000.00 of the approved Engineer's cost estimate and 0.6% of the cost estimate over $100,000.00. The Flood control fee is assessed at a rate of $0.21 per square foot of net new impervious surface area for driveway and parking areas as created per the approved plan. The Undergrounding In -lieu Fee is based upon $190.00 per linear foot of overhead utilities along the property's frontage per project conditions 06 -152 DR/CDP (EU9). (4) Provide the name, address, telephone number, state license number, and license type of the construction contractor. The construction of any,_ improvements within the public right-of-way or _ppp11 _easements is restricted to qualified contractors possessing the required state license as listed in the table below. The contractor must also have on file with the City current evidence of one million dollar liability insurance listing the City of Encinitas as co- insured. Additional requirements are described in the handout "Requirements for Proof of Insurance" available at the Engineering front counter. Type Description Work to be Done A General Engineering any & all C -8 Concrete a ronlcurbl utter /ram /sidewalk C -10 Electrical lighting/signals C -12 Grading & Paving any surface, certain drain- basins/channels C -27 Landscaping planting/irrigation/fencing & other amenities C -29 I Masonry retaining walls C -32 Parking &Highway Improvement signage /striping /safety C -34 Pipeline sanitary sewer /storm drain (5) Permits are valid for no more than one year from the date of issuance and may expire earlier due to expirations of letter of credit and /or insurance policies. (6) This project does not propose land disturbance in excess of one acre and is exempt from the State Storm Water Pollution Prevention Plan (SWPPP) requirement. An erosion control plan shall be implemented per the approved grading plan. Preconstruction Meeting: A preconstruction meeting at the project site is mandatory for all projects. The preconstruction meeting may not be scheduled until the Engineering permit(s) have been issued, and the applicant/contractor must give the assigned Engineering inspector a minimum of 48 hours advance notice prior to the scheduled meeting time. Right -of -Way Construction Permit: A separate right -of -way construction permit will be required for any work in the public right -of -way or public easements. Typically, this work may include construction or reconstruction of a portion of the driveway within the public right -of -way, excavation, backfill, and resurfacing to install electric, gas, telephone, and cable television lines, or water and sewer connections. A permit fee of JWO.W per application and a site plan, preferably the work order issued by the public utility, will be required. Contractor license and insurance requirements apply. Permits must be issued at least 48 hours in advance of the start of work. Haul Routes, Traffic Control Plans, and Transportation Permits: These separate permits may be required for your project and are handled by the Traffic Engineering Division. A fee of $250.00 is required for traffic control plans. For more details, contact Raymond Guarnes, Engineering Technician, at (760) 633 -2704. Release of Project Securities: The partial or complete release of project securities is initiated automatically by the Citv after submission of satisfactory as -built drawinas to the Citv and approval by the rp�t Engineering_ inspector. Applicant requests cannot be addressed without release approval from the project inspector. The processing and release of securities may take up to 4 weeks after the release process is initiated by the project Engineering inspector. Any cash releases will be mailed to the address on this letter unless the City is otherwise notified, and all letters mailed to a financial institution will be copied to the owner listed hereon. Satisfactory completion of Final Inspection certified by the project Engineering inspector is a prerequisite to full release of the Security Deposit assigned to any Grading Permit. A sum in the amount of 25% of the securities posted for improvement permits will be held for a one -year warranty period, and a release is automatically initiated at the end of that warranty period. Construction Changes: Construction changes prepared by the Engineer of Work will be required for all changes to the approved plans. Requests for construction change approval should be submitted to the Engineering Services Department front counter as redlined mark -ups on 2 blueline prints of the approved Drawing. Changes are subject to approval prior to field implementation. Substantial increases in valuation due to the proposed changes may be cause for assessment and collection of additional inspection fees and security deposits. Construction change fees of $200.00 and $350.00 will be assessed for minor and major construction changes, respectively. Construction changes necessitating a new plan sheet will be assessed the per -sheet plancheck and NPDES plancheck fees in lieu of the construction change fee. Construction changes not previously approved and submitted as as -built drawings at the end of the construction process will be rejected and the securities release will be delayed. Change of Ownership: If a change of ownership occurs following approval of the drawing(s), the new owner will be required to submit to the City a construction change revising the title sheet of the plan to reflect the new ownership. The construction change shall be submitted to the Engineering front counter as redline mark -ups on two blueline prints of the approved drawing together with two copies of the grant deed or title report reflecting the new ownership. Construction change fees apply. The current owner will be required to post new securities to replace those held by the City under the name of the former owner, and the securities posted by the former owner will be released when the replacement securities have been received and approved by the City. Change of Engineer of Work: If a change in engineer of work occurs following the approval of the drawing(s), a construction change shall be submitted for review and approval by the Engineering Department. Two copies of the forms for the assumption of responsibility by the new engineer and the release of responsibility by the former engineer shall be completed and submitted to the City. Construction change fees apply. As- builts: Project as -built drawings prepared by the Engineer of Work will be required prior to Final Grading acceptance by Engineering Services. Changes to the approved plans require a construction change to be submitted to the City prior to field implementation. Construction changes may not be submitted as as- builts at the end of the construction process This letter does not change owner or successor -in- interest obligations. If there should be a substantial delay in the start of your project or a change of ownership, please contact the City to request an update. Should you have questions regarding the posting of securities, please contact Debra Geishart, who processes all Engineering securities, at (760) 633 -2779. Should you have any other questions, please contact me at (760) 633 -2780 or visit the Engineering Counter at the Civic Center to speak with an Engineering Technician. Sincerely, *'� A4C,446�z Ruben Macabitas Assistant Civil Engineer cc Sampo Engineering, Inc., R. Pelagio Engineer of Work Debbie Geishart, Engineering Technician Masih Maher, Senior Civil Engineer permit/file Enc Application Requirements for Proof of Insurance Security Obligation Agreements (various) LEUCADIA WASTEWATER DISTRICT May 16, 2008 City of Encinitas Engineering Department 505 S. Vulcan Encinitas, CA 92024 -3633 LEADERS IN ENVIRONMENTAL PROTECTION Re: Signature Omission Letter for the City of Encinitas Tentative Parcel Map No. 05 -113 Dear Sir or Madam: BOARD OF DIRECTORS ELAINE SULLIVAN. PRESIDENT DAVID KULCHIN. VICE PRESIDENT IUDY K. HANSON, DIRECTOR ALLAN IULIUSSEN, DIRECTOR DONALD F. OMSTED, DIRECTOR PAUL I. BUSHEL, CENERAL MANAGER 3252 -655 Please be advised that the division of the property shown on TPM 05 -113 will not unreasonably interfere with the free and complete exercise of any easements held by Leucadia Wastewater District (LWD) (formerly Leucadia County Water District) within the boundaries of said map. This letter should not be construed as a subordination of the LWD rights, title, and provisions contained in said easements, or a waiver of costs for relocation of any interest in and to said easements, nor should this letter be construed as a waiver of any affected facilities. In the event that the development requires relocation of sewer facilities on the subject property, where facilities exist by right of easement or otherwise, the owner or owner /developer will be required to bear the costs of such relocation and provide LWD with suitable replacement rights. Such costs and replacement rights are required prior to the performance of relocation. If additional information is required in connection with the above mentioned subject, please call me at 760 - 479 -4101. Very truly yours, Stephen L. Deeri LWD District Engineer cc: Mr. Vince Sampo of Sampo Engineering JUN 2 3 2008 1960 LA COSTA AVENUE, CARLSBAD, CA 92009 • PHONE 760.753.0155 • FAX 760.753.3094 • LWWD.ORG • INFO @LWWD.ORL JUN I; I I 1 - r. 2 3 Zoos First American Title Insurance Company 411 Ivy Street z San Diego, CA 92101 May 01, 2008 Barbara Boyer 2904 Ora Avo Terrace Vista, CA 92084 -6548 Phone: (760)598-8058 Customer Reference: 614 Ocean View Avenue Title Officer: Dianne Livingston Phone: (858)509 -2113 Order Number: 2944648 (06) Escrow Number: 2944648 Owner: The Boyer Living Trust Property: 614 Ocean View Avenue Encinitas, CA Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First. First American Title Insurance Company Form No. 14 CLTA Subdivision Guarantee (4- 10 -75) Fee: $200.00 SUBDIVISION GUARANTEE First American Title Insurance Company, a California corporation GUARANTEES Order Number: 2944648 Page Number: I Subdivision: TPM 05 -113 The County of San Diego and any City within which said subdivision is located in a sum not exceeding $1,000.00. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are: Randall G. Boyer and Barbara Boyer as Trustees or their successors, in trust, U /D/T of The Boyer Living Trust, dated October 22, 1990, as Owner Unionbancal Mortgage Corporation, as Trustee under Deed(s) of Trust recorded November 30, 2007, as Instrument No. 2007- 0745579, of Official Records. The signature of the following has been omitted under the provision of Section 66436, Subsection (a) (3) (i) of the Subdivision Map Act. Their interest is such that it cannot ripen into fee title and said signature is not required by the Governing body: Leucadia Wastewater District , as holder of an easement recorded June 19, 2006, as Instrument No. 2006- 0432425, of Official Records. The map hereinbefore referred to is a subdivision of: LOT 5 IN BLOCK 3 OF AVOCADO ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1924. Dated: April 28, 2008 at 7:30 A.M. First American Tide Insurance Company Form No. 14 CLTA Subdivision Guarantee (4- 10 -75) ,sir C,-� 6 /� IN-MINT Order Number: 2944648 Page Number: 2 First Amencan Trtle Insurance Company Form No. 14 CLTA Subdivision Guarantee (4- 10 -75) Order Number: 2944645 Page Number: 3 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authorlry that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority a by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth In Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; a any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth In said dexhpbon. (b) Defects, liens, encumbrances, adverse claims a other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non - judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured ": the parry or Parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land ": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described a referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (d) "pudic records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "dace ": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in wnbng In use knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the manner or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to instiMe and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise Its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise Its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all rases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid In any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company Is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. First American Title Insurance Company Form No. 14 Order Number: 2944648 CI-TA Subdivision Guarantee (4- 1075) Page Number: 4 5. Proof of Loss Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall descnbe the matters covered by this Guarantee which constitute the basis of Ions or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant Its permission, m wring, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it Is necessary In the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information of grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result In loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, If this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of dalm has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price . Upon the exercise by the Company of the option provided for In Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the bme of payment and which the Company Is obligated to pay. Upon the exercise by the Company Of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee Is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability staked In Schedule A w in Part 2; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or Interest covered hereby as stated herein and the value of the estate or Interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee In a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Lou. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant First Amencan Title Insurance Company Form No. 14 Order Number: 2944648 CLTA Subdivision Guarantee (4- 10 -75) Page Number: 5 The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary In order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured In any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the TIUe Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may Include, but are not limited to, any controversy or dalm between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with Its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Uabllity is f 1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land Is located Permits a court to award attomeys' fees N a prevailing party. Judgment upon the award rendered by the Arbitration(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 13. Lability Unnifed to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In Interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any daim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, and Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notlmi;, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall Include the number of this Guarantee and shall be addressed to the Company at 2 First American Way, Bldg 2, Santa Ana, California, 92707. First American Title Insurance Company