2009-10372 SGLine: 3 0 1� 15 9� 8
Recording Requested By: ) THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON SEP 01, 2009
City of Encinitas ) DOCUMENT NUMBER 2009 - 0491132
DAVID L. BUTLER. COUNTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFFICE
When Recorded Mail to: ) TIME 359 PM
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY )
SPACE ABOVE FOR RECORDER'S USE
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel No: 216 - 030 -64
Case #: 09 -028 CDP
DOMINIC J BURTECH JR. , AND JULIE BURTECH AND THEIR SUCCESSORS, CO-
TRUSTEES OF THE BURTECH FAMILY TRUST DATED JULY 13. 2005,
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate for valuable
consideration 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 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.
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.
The Grantor, for himself /herself, his /her 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.
Owner
Date
�-N -1 dQ�
Date
Signature of "Owner" 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 t grantee consents o r ordation thereof by its duly authorized officer.
— �J, a. _6/\3(60 9
Peter Cota - Robles Date
Director of Engineering Services
City of Encinitas
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
.,cres�FrN%��crr.�rec .cn�r�rzc . ccme�. �rcc�.€ r- rcr. �rrre�nzr.= cercarcczrzr� .�acracrczrer�cc�.ar.�
State of California
County of �j
On 6 2 � 0 9 before nkrffiu' P An1tj I NOtff9 ftbUc
Dale Ilene Insert Name and
personally appeared 4r � p� d- fUL/le A
OFFICIAL SEAL
ARTHUR P ARQUILLA
NOTARY PUBLIC - CALIFORNI
COMM. NO. 1628401
SAN DIEGO COUNTY
MY COMM. EXP. JAN. 1, 2010
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is4 re bscribed to the
within instrument and acknowledged to me that
he /she ey xecuted the same in hisR1 eir thorized
capacity les), and that by his/he eir ure(s) on the
instrument the person(s), or the ntity upon behalf of
which 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.
WITNESS my t)ait� and official aw Gam"
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relyin�-o-n 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— Titte(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUTAUPRINr
OF SIGNER
0
Number of Pages:
Signer's Nat
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — O Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUId'PRINT
OF SIGNER
02007Nat*WNmryASSOtl ,9350De SMAve., PO. Bm2a 02 .OMb+vr1.CA91313- 2i02•�_NaW IN=fyag ttem#5907 Reorder. Cal Toll-Free 1800E76E27
ACKNOWLEDGMENT
State of California
County of �6a4,1
On!; K.34 -009 before mei'`%iL1Gi:`� t"t
(insert name and title of the officer)
personally appeared / t/ K C CJ h`
who proved to me on the basis of satisfactory evidence to be the p on(s) whose name( is/ e
subscribed to the within instrument and acknowled d to me tha ie he /they executed the same in
is r /their authorized capacity(ies), and that b is/ er /their signature(s) on the instrument the
rson(s), or the entity upon behalf of which 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.
■AIOA G. MLLJOU� f
�riM •11000{
WITNESS my hand and official seal. rw
VV4
[�. JR 0.5011
Sign3ture7a4-t� 9 (Seal)
EXHIBIT "A"
ROAD DEDICATION ILA COSTA AVE.)
SHEET 1 OF 1
THAT PORTION OF LOTS 7 AND 8 IN SECTION 33, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AND
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7, BEING A POINT IN
THE CENTERLINE OF LA COSTA AVENUE AS SHOWN ON ROAD SURVEY NO.
346, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO
COUNTY, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
NORTH 89 024'01" WEST ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF
51.09 FEET; THENCE NORTH 00 °55' 54" WEST A DISTANCE OF 8.05 FEET TO A
POINT ON A NON - TANGENT CURVE CONCAVE SOUTHERLY WITH A RADIUS OF
1192.00 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 11 036'29"
WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09 °28'
48 ", AN ARC DISTANCE OF 197.22 FEET; THENCE SOUTH 00055'01'* EAST A
DISTANCE OF 33.66 FEET; THENCE NORTH 89 °24' 01" WEST A DISTANCE OF
144.92 FEET TO THE TRUE POINT OF BEGINNING.
THE DESCRIBED AREA CONTAINS 0.11 ACRES OR 4622.23 SQUARE FEET MORE
OR LESS.
THE SUPERVJSION OF:
/`t DATE Z2, 05
EXPIRES 12/31/09
• SHEET 1 OF 1
F
sEeNoom 3o Ms n4w Sam
I
i
i
3;�5. I
\CIS I I
N 89000'37' E 145.82 I
A
of I A
Co ~
I �_� w
_ APN 216 - 030 -64 I of o
N 89'24'01' V 144.80' g CO
W1 �3 o I zl w 3
m I J
L= 09'28'48' I
R = 1192.00'
a 0 L = 197.22' ---- - -----
iZ W w
LOT 7 S 89'24'01' E
51.09' 55.84'
N pp55'S4 V�8p5 N89'24'01'W rP�S 89'24'01' E 144.92'
CENT 1796 LA COSTA AVENUE
3
PER RS b
SCALE.• 1 =60'
M
0
OFE ss1 °
LIPS
No. 23080
PREP E HE S ISION OF: I S
A(�Y LIB A lfC 300 �XPIR�$'1 31/09 STA�OFGA���P�\!
CK DOGWEDW . LW P,,M" LEGEND
1® terra Engineerin�q Inc. RIGHT OF WAY DEDICATION
1843 Ce pesino P ece
0ce side, CA 82054
Td�: (YEO) �9Y -2m2
DRAWN BY- LIPSKA PROJECT SHT. NAME SHT. NO.
DATE, 08/20/09 BURTECH RESIDENCE EXHIBIT "B"
DWG. NO.- CASE N0. 09 -028 CDP PLAT TO ACCOMPANY A of
APPROVED Hri
LEGAL DESCRIPTION 1
Recording Requested By:
City Engineer
THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON SEP 01. 2009
DOCUMENT NUMBER 2009 - 0491131
DAVID L. BUTLER. COUNTY RECORDER
SAN DIEGO COUNTY RECORDERS OFFICE
TIME 359 PM
When Recorded Mail to: )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024
SPACE ABOVE FOR RECORDERS USE
PRIVATE STORM WATER TREATMENT
MAINTENANCE AGREEMENT
APN: 216- 030 -64
Site Address: 304 La Costa Ave.
Bldg. Permit No.: 09 -703
Case 09 -028 CDP
THIS AGREEMENT for the periodic maintenance and repair of that certain private
storm water treatment facilities, the legal description and/or plat of which is set forth in
Exhibits attached hereto and made a part hereof, is entered into by Dominic J. Burtech
and Julie J. Burtech, husband and wife, hereinafter referred to as "Developer ") for the
benefit of future owners who will use the private storm water treatment facilities
(hereinafter referred to as "Owner(s) ", which shall include the Developer to the extent
the Developer retains any ownership interest in any land covered by this agreement.
WHEREAS, this Agreement is required as a condition of approval by the City of
Encinitas (herein referred to as "City') of a development project and pursuant to City of
Encinitas Municipal Code Section 24.16.060 and Section 24.29.040; and
WHEREAS, Developer is the owner of certain real property as described in Exhibit
"A" that will use and enjoy the benefit of said storm water treatment facilities(s), said
real property hereinafter referred to as the "property'; and
WHEREAS, Property use and enjoy the benefit of certain facilities for storm water
treatment and pollution control, said facilities described in Exhibit "B" attached hereto
and made a part hereof; and
WHEREAS, it is the desire of the Developer that said private storm water
treatment system be maintained in a safe and usable condition by the owners in
accordance with the minimum maintenance schedule in Exhibit "C attached hereto and
made a part hereof; and
WHEREAS, it is the desire of the Developer to establish a method for the periodic
maintenance and repair of said private storm water treatment facilities and for the
apportionment of the expense of such maintenance and repair among existing and
future owners; and
WHEREAS, there exists a benefit to the public the private storm water facilities be
adequately maintained on a regular and periodic basis in compliance with Exhibit "C ",
the City of Encinitas Municipal Code and other related City policies and requirements;
and
WHEREAS, it is the intention of the Developer that this Agreement constitute a
covenant running with the land, binding upon each successive owner of all or any
portion of the property.
NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE
CONSIDERATION AS FOLLOWS:
1. The property is benefited by this Agreement, and present and successive owners
of all or any portion of the property are expressly bound hereby for the benefit of
the land.
2. The private storm water facilities shall be constructed by the Owner, its
successors and assigns, in accordance with the plans and specifications
identified in the Plan.
3. The cost and expense of maintaining the private storm water treatment facilities
shall be paid by the owner of the heirs, assigns and successors in interest or
each such owner.
4. In the event any of the herein described parcels of land are subdivided further,
the owners, heirs, assigns and successors in interest of each such newly created
parcel shall be liable under this Agreement for their then pro rata share of
expenses and such pro rata shares of expenses shall be computed to reflect
such newly created parcels.
5. The repairs and maintenance to be performed under this Agreement shall be
limited to the following: reasonable improvements and maintenance work to
adequately maintain said private storm water treatment facilities in proper
working order as determined by applicable City policies and requirements and to
permit access to said facilities. Repairs and maintenance under this Agreement
shall include, but are not limited to, repairing access roadbeds, repairing and
maintaining drainage structures, removing debris, perpetually maintaining
adequate groundcover and /or other erosion control measures within the private
property in order to prevent sedimentation, and other work reasonably necessary
and proper to repair and preserve the private storm water treatment facilities for
their intended purposes and to prevent sedimentation in storm water runoff. The
private storm water facilities shall be maintained regularly as necessary to keep
the facilities in proper working order, with a minimum maintenance frequency of
twice annually or as stated in the minimum maintenance schedule attached as
Exhibit "C ".
6. If there is a covenant, agreement, or other obligation for the construction of
improvements imposed as a condition of the development, the obligation to
repair and maintain the private storm water treatment facilities as herein set forth
shall commence when improvements have been completed and approved by the
City.
7. Any extraordinary repair required to correct damage to said storm water
treatment facilities that results from action taken or contracted for by the owners
or their successors in interest shall be paid for by the party taking action or party
contracting for work which caused the necessity for the extraordinary repair. The
repair shall be such as to restore the storm water treatment facilities to the
condition existing prior to said damage.
8. Any liability of the owners for personal injury to an agent hereunder, or to any
worker employed to make repairs or provide maintenance under this Agreement,
or to third persons, as well as any liability of the owners for damage to the
property of agent, or any such worker, or of any third persons, as a result of or
arising out of repairs and maintenance under this Agreement, shall be borne, by
the owners as they bear the costs and expenses of such repairs and
maintenance. Owners shall be responsible for and maintain their own insurance,
if any. By this Agreement, the Developer does not intend to provide for the
sharing of liability with respect to personal injury or property damage other than
that attributable to the repairs and maintenance undertaken under this
Agreement.
9. Owners shall jointly and severally defend and indemnify and hold harmless City,
City's engineer and its consultants and each of its officials, directors, officers,
agents and employees from and against all liability, claims, damages, losses,
expenses, personal injury and other costs, including costs of defence and
attorney's fees, to the agent hereunder or to any owner, any contractor, any
subcontractor, any user of the storm water treatment facilities, or to any other
third persons arising out of or in any way related to the use of, repair or
maintenance of, or the failure to repair or maintain the private storm water
treatment facilities.
10. Nothing in the Agreement, the specifications or other contract documents or
City's approval of the plans and specifications or inspection of the work is
intended to include a review, inspection acknowledgement of a responsibility for
any such matter, and City, City's engineer and its consultants, and each of its
officials, directors, officers, employees and agents, shall have no responsibility or
liability therefore.
11. The Owner, its successors and assigns, shall inspect the stormwater
management/BMP facility and submit to the City an inspection report annually.
The purpose of the inspection is to assure safe and proper functioning of the
facilities. The inspection shall cover the entire facilities, berms, outlet structure,
pond areas, access roads, etc. Deficiencies shall be noted in the inspection
report.
12. Chapter 11.12 of the Encinitas Municipal Code outlines in detail the nuisance
abatement process and the City's authority to require correction of any property
maintenance violation that is deemed a public health or safety hazard or threat.
The City is authorized to collect sums as appropriate for recovery of the costs for
abatement of any property maintenance violation should the property owner fail
to voluntarily comply.
13. The Owner, its successors and assigns, hereby grant permission to the City, its
authorized agents and employees, to enter upon the Property and to inspect the
stormwater management/BMP facilities upon reasonable notice whenever the
City deems necessary. The purpose of inspection is to follow -up on reported
deficiencies and /or to respond to citizen complaints. The City shall provide the
Owner, its successors and assigns, copies of the inspection findings and a
directive to commence with the repairs if necessary
14. In the event the Owner, its successors and assigns, fails to maintain the
stormwater management /BMP facilities in good working condition acceptable to
the City, the City , its agents, or its contractors, may enter upon the Property and
take the steps necessary to correct deficiencies identified in the inspection report
and to charge the costs of such repairs to the Owner, its successors and
assigns. In the event the CITY pursuant to this Agreement, performs work of any
nature, or expends any funds in performance of said work for labor, use of
equipment, supplies, materials, and the like, the Owner, its successors and
assigns, shall reimburse the City upon demand, within thirty (30) days of receipt
thereof for all actual costs incurred by the CITY hereunder. If said funds are not
paid in a timely manner, City reserves the right to file an assessment lien on the
real property with the County Recorder of County of San Diego. It is expressly
understood and agreed that the City is under no obligation to maintain or repair
said facilities, and in no event shall this Agreement be construed to impose any
such obligation on the City.
15. This Agreement imposes no liability of any kind whatsoever on the CITY and the
Owner agrees to hold the CITY harmless from any liability in the event the
stormwater management/BMP facilities fail to operate properly.
16. It is the purpose of the signatories hereto that this instrument be recorded to the
end and intent that the obligation hereby created shall be and constitute a
covenant running with the land and any subsequent purchaser of all or any
portion thereof, by acceptance of delivery of a deed and /or conveyance
regardless of form, shall be deemed to have consented to and become bound by
these presents, including without limitation, the right of any person entitled to
enforce the terms of this Agreement to institute legal action as provided in
Paragraph 9 hereof, such remedy to be cumulative and in addition to other
remedies provided in this Agreement and to all other remedies at law or in
equity.
17. The terms of this Agreement may be amended in writing upon majority approval
of the owners and consent of the City.
18. This agreement shall be governed by the laws of the State of California. In the
event that any of the provisions of this Agreement are held to be unenforceable
or invalid by any court of competent jurisdiction, the validity, and enforceability of
the remaining provisions shall not be affected thereby.
19. If the Property constitutes a "Common Interest Development' as defined in
California Civil Code Section 1351(c) which will include membership in or
ownership of an "Association" as defined in California Civil Code Section
1351(a), anything in this Agreement to the contrary notwithstanding, the following
provisions shall apply at and during such time as (i) the Property is encumbered
by a "Declaration" (as defined in California Civil Code Section 1351(h), and (ii)
the Common Area of the property (including the private storm water treatment
facilities) is managed and controlled by an Association:
(a) The Association, through its Board of Directors, shall repair and maintain
the private storm water treatment facilities and shall be deemed the "agent' as
referred to in Paragraph 7 above. The Association, which shall not be replaced
except by amendment to the Declaration, shall receive no compensation for
performing such duties. The costs of such maintenance and repair shall be
assessed against each owner and his subdivision interest in the Property
pursuant to the Declaration. The assessments shall be deposited in the
Association's corporate account.
(b) The provisions in the Declaration which provide for assessment liens in
favor of the Association and enforcement thereof shall supersede Paragraph 8 of
the Agreement in its entirety. No individual owners shall have the right to alter,
maintain or repair any of the Common Area (as defined in California Civil Code
Section 1351(b) in the Property except as may be allowed by the Declaration.
(c) This Agreement shall not be interpreted in any manner, which reduces or
limits the Association's rights and duties pursuant to its Bylaws and Declaration.
20. It is understood and agreed that the covenants herein contained shall be binding
on the heirs, executors, administrators, successors, and assignees of each of
the owners.
21. The foregoing covenants shall run with the land and shall be deemed to be for
the benefit of the land of the owners and each and every person who shall at
anytime own all or any portion of the property referred to herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
DEVELOPER:
LT �% / �z 7�y
Dominic J. Burtch, Zvner Date
��gi
Signature of DEVELOPER must be notarized. Attach the appropriate
acknowledgement.
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
jCounty of
On 27 C' 9 before ur E Argil HIae Notary Pnbdc
Daft Here Insert Nano am 1,
personally appeared ��N
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
0
Signer's Name:
❑ Individual
• Corporate Officer — Titie(s):
• Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Ll__�
02007NaIgnal Nd Assoca -9350De Sd Aw..POBO 2402• ChatswoM .CA913112602- .NabwWNaarya9 Ilmna5907 Rea .Ca Tal- Fwl- 8W8766 7
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) i are ubscribed to the
within instrument and acknowledged t me that
he /sh a xecuted the same in his/her ei uthorized
IY OFFICIAL SEAL
capacity les), and that by his/her ei ignature(s) on the
: ARTHUR P ARQUILLA
instrument the person(s), or the entity upon behalf of
m NOTARY PUBLIC - CALIFORNIA
which the person(s) acted, executed the instrument.
COMM. NO. 1628401
SAN
MY COMM. IX JAN., 2010
1 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
Place Naary Seal ADUVe
Sgaatwe of Notary PuWv:
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
0
Signer's Name:
❑ Individual
• Corporate Officer — Titie(s):
• Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Ll__�
02007NaIgnal Nd Assoca -9350De Sd Aw..POBO 2402• ChatswoM .CA913112602- .NabwWNaarya9 Ilmna5907 Rea .Ca Tal- Fwl- 8W8766 7
EXHIBIT "Alt
All that certain real property situated in the County of San Diego, State of California, described as
follows:
Parcel 1
Those portions of Lots 7 and 8 in Section 33, Township 12 South, Range 4 West, San Bernardino
Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to
United States Government Survey approved October 25, 1875, being also a portion of Parcel 1 of
Parcel Map No. 10941 filed in the Office of the County Recorder of San Diego County January 29,
1981 as File No. 81- 029896 described as follows:
Beginning at the Southwest comer said Lot 8, said point being also a point on the Southerly line of
said Lot 7 and the center line of La Costa Avenue as shown on County Road Survey as shown on
Map of County Road Survey No. 346 filed In the Office of the County Surveyor; thence North
89 024'01" West along the South line of said Lot 7, 51.09 feet; thence North 0 055'54" West 96.00
feet; thence North 89 024'01" West 144.80 feet (record 144.67 feet) to an intersection with the
Northwesterly meander line of said Lot 7; thence North 33 006'32" East along said meander line
158.13 feet (record 158.06 feet); thence South 66 053'35" East 117.15 feet (record 117.01 feet);
thence North 89 000'37" East 145.22 feet; thence South 0 055'01" East 188.57 feet to a point on the
Southerly line of said Lot 8 and the center line of said La Costa Avenue; thence North 89 024'01"
West along said Southerly line of said Lot 8 and the centerline of La Costa Avenue 144.92 feet to
the Southwest comer of said Lot 8 and the Point of Beginning.
Excepting therefrom that portion, if any, heretofore or now lying below the mean high tide line of
the Pacific Ocean or any so- called Arm of the Sea.
EXCEPT therefrom all oil, gas, minerals, and other hydrocarbon substances lying below the surface
of said land, but with no right of surface entry, as provided in deeds of record.
Said property being described as Parcel "D" in Certificate of Compliance recorded July 27, 2006 as
Instrument No. 2006- 0531586 of Official Records.
Parcel 2
An Easement and Right -of -Way for Road and Utilities purposes over, under, along and across that
portion of Lot 8 in Section 33, Township 12 South, Range 4 West, San Bernardino Base and
Meridian, in the City of Encinitas, County of San Diego, State of California, according to United
States Government Survey approved October 25, 1875, being also a portion of Parcel 1 of Parcel
Map No. 10941 filed in the Office of the County Recorder of San Diego County January 29, 1981 as
File No. 81- 029896 described as follows:
Beginning at a point on the South line of said Lot 8 distant thereon South 89 024'01" East (record
North 89 058' East) 144.92 from the Southwest comer of said Lot 8, said point being also a point on
the center line of La Costa Avenue as shown on County Road Survey No. 346 filed in the Office of
the County Surveyor; thence North 0 055'01" West 267.53 feet; thence South 89 904'59" West
26.00 feet; thence South 0 055'01" East 266.85 feet to a point on the center line of said Road
Survey No. 346; thence South 89 024'01" East along said center line 26.01 feet to the Point of
Beginning.
Excepting therefrom any portion of said Easement lying within Parcel 1 above
Parcel 3:
An Easement and Right -of -Way for Road and Utilities purposes over, under, along and across that
portion of Lot 8 in Section 33, Township 12 South, Range 4 West, San Bernardino Base and
meridian, in the City of Encinitas, County of San Diego, State of California, according to United
States Government Survey approved October 25, 1875, being also a portion of Parcel 1 of Parcel
Map No. 10941 filed in the Office of the County Recorder of San Diego County January 29, 1981 as
Instrument No. 81- 029896 described as follows:
Beginning at a point on the South line of said Lot 8 distant thereon South 89 024'01' East (record
North 89 058' East) 144.92 feet from the Southwest comer of said Lot 8, said point being also a
point on the center line of La Costa Avenue as shown on County Road Survey No. 346 filed in the
Office of the County Surveyor; thence North 0 055'01' West 59.01 feet; thence North 89004'S9"
East 26.00 feet; thence South 0 °55'01" East 59.70 feet; thence North 89 024'01' West 26.01 feet
to the Point of Beginning.
Assessor Parcel Nos. 216 -030 -64 and 216- 030 -73
z
z
SCALE 1- 0 " -40'
N ss;
53
`3S w
BAs.
X
45.220' " E
.yam
hh �
I
I
^�O
P
Lys
I
I
2
1�
26 -0"
I
O r
<
144.800
N 89 24' 01 "W
Jim
° <
°
I
W-w MIN
SY
�
3
GRASS TURF
AK 1
3
° I
I
I
a
_
0
12 " %12" TRENCH W/
h
I
I
3/11" GRAVEL EMBEDDED
IN GEOTE% LINING.
b
i
O
V
Z
__________ •I
O
'-0
MM
O
0
Do
00
TYPICAL GRASS SWALE DETAIL O
rn
0 ER OF LOT 8.
_ _ _ _ _ _NO SCALE _
_ _
BMP DETAIL
s,,.ao v� A i .wD
NOG
51.090'
144.920'
196.01'
N 89 24' O1" W
ROS 346
LA COSTA
AVENUE
S I T E P L A N
CA ROS 1786
EXHIBIT "B"
LA COSTA AVE.
APN 216- 030 -64
304 LA COSTA AVE
z
z
SCALE 1- 0 " -40'
Exhibit 'C'
Minimum Maintenance Schedule
The grass lined BMP swales shall be maintained and irrigated in perpetuity to ensure
proper function as the primary means of post construction storm water treatment for all
runoff from the proposed addition. The swales shall remain as shown on Building permit
09 -703. Any modification to these swales requires a permit from the City of Encinitas
Engineering Services Department.
C I T Y OF E N C I N I T A S
ENGINEERING SERVICES DEPARTMENT
505 S. VULCAN AVE.
ENCINITAS, CA 92024
GRADING PLAN PERMIT NO.: 10372SG
PARCEL NO. : 216- 030 -6400 PLAN NO.:
JOB SITE ADDRESS: 304 LA COSTA AVE CASE NO.: 09028 / CDP
APPLICANT NAME DOMINIC & JULIE BURTECH
MAILING ADDRESS: 304 LA COSTA AVE PHONE NO.: 760- 801 -6588
CITY: ENCINITAS STATE: CA ZIP: 92024-
CONTRACTOR : DOMINIC BURTECH
LICENSE NO.: OWNER /BULL
ENGINEER
PERMIT ISSUE 1/25/10
PERMIT DRTEr 0
INSPE BEN OLIVER
------------ ------- - - - - -- PERMIT
PHONE NO.: 760 - 801 -6588
LICENSE TYPE:
PH I NO.
PERMIT ISSUED BY:
FEES & DEPOSITS ---------------------- - - - - --
1.
PERMIT FEE
1,800.00
2.
GIS MAP FEE
.00
3.
INSPECTION FEE
.00
4.
INSPECTION DEPOSIT:
.00
5.
NPDES INSPT FEE
.00
6.
SECURITY DEPOSIT
.00
7.
FLOOD CONTROL FE
.00
8.
TRAFFIC FEE
.00
9.
IN -LIEU UNDERGRN
.00
10.IN
-LIEU IMPROVMNT
.00
11.PLAN
CHECK FEE
.00
12.PLAN
CHECK DEPOSIT:
.00
----- -------------
-- - - ---
DESCRIPTION
OF
WORK ----------------------
--- - - -- --
PERMIT FOR SIMPLIFIED GRADING. PER PLAN 10372 -SG. CONTRACTOR MUST
MAINTAIN TRAFFIC CONTROL AT ALL TIMES PER W.A.T.C.H. STANDARDS OR
APPROVED PLAN.
- - -- INSPECTION ---------- - - - - -- DATE --- - - - -," INSPECTOR'S SIGNATURE - - --
INITIAL INSPECTION
COMPACTION REPORT RECEIVED
ENGINEER CERT. RECEIVED
ROUGH GRADING INSPECTION
FINAL INSPECTION
I HEREBY ACKNOWLEDGE THAT
INFORMATION IS CORRECT AND
LAWS REGULATING EXCAVATING
ANY P T SU D PURSUANT
SIGNATURE i
I HAVE READ THE APPLI,
AGREE TO COMPLY WITH
AND GRADING, AND THE
TO THIS APPLICATION.
J e
:ATION AND STATE THAT THE
ALL CITY ORDINANCES AND STATE
PROVISIONS AND CONDITIONS OF
L- ?-- /(n
DATE SIGNED
PgIN E TELEPHONE NUMBER
CIRCLE ONE: 1. OWNER 2. AGENT ) 3. OTHER
�1I, i�'j 3 SUN
LIMITED GEOTECHNICAL EVALUATION
PROJECT N0.3308-SD3
PROPOSED HOUSE ADDITION
BURTECH RESIDENCE
304 LA COSTA AVENUE
ENCINITAS, CALIFORNIA 92024
FOR
DOMINIC BURTECH
304 LA COSTA AVENUE
ENCINITAS, CALIFORNIA 92024
GEOTEK, INC.
1 384 POINSETTIA AVENUE, SUITE A
VISTA, CALIFORNIA 92081
GEOTECHNICAL I ENVIRONMENTAL I MATERIALS
11, 2009
GeoTek, Inc.
1384 Poinsettia Avenue. Suite A Vista, CA 9208 1 -8 505
(760) 599 -0509 (760) 599.0593 www.geotekus com
February 1 I, 2009
Project No.3308 -SD3
Mr. Domenic Burtech
304 La Costa Avenue
Encinitas, California 92024
Subject: Limited Geotechnical Evaluation
Proposed House Addition
304 La Costa Avenue
Encinitas, California 92024
Reference: "Slope Set Back, Proposed Swimming Pool and House Addition, 304 La Costa
Avenue Encinitas, California 92024," by GeoTek. Inc- dated August 20, 2008
As requested and authorized, GeoTek, Inc. (GeoTek) has performed a limited
geotechnical evaluation for the proposed house addition at the Burtech residence
located at 304 La Costa Avenue, Encinitas, California.
Based on the information provided to us, it is our understanding that a one to two -story
addition is planned to the northern part of the existing home. A slab on grade type
foundation is anticipated.
GENERAL DISCUSSION
The subject site consists of a previously developed lot atop an inland bluff. It appears that
grading for the existing improvement was limited so that the site is in essentially a natural
configuration.
Two hand auger borings were excavated, one in the front yard near the existing house
and one at the rear of the house between the house and recently constructed pool.
Both borings encountered old Paralic deposits. As mapped by Kennedy and Tan 2005,
these surface deposits are underlain by Tertiary Santiago Formation sedimentary rock.
Mr. Domenic Burtech Project No330&SD3
Umited Geotechnical Evaluation February I I, 2009
Proposed House Addition Per ?
Samples of the shallow Paralic deposits were returned to our laboratory for testing.
An Expansion Index of less than I was indicted per ASTM D4829. As such, the soils are
not classified as expansive per CBC section I802A.3.2.
WATER
No surface water or ponding was observed at the time of the field evaluation. Site drainage
should be reviewed, ponding water near the foundation or descending slope should be
avoided.
FAUL77NG AND SEISMICITY
The site is in a seismically active region. No active or potentially active fault is known to
exist at this site. The site is not situated within an Alquist- Priolo Earthquake Fault Zone
(Special Studies Zone). Seismic design parameters are presented in the recommendations.
OTHER SEIsmic HAzARDs
The liquefaction potential on the site is considered to be negligible due to shallow
occurrence of bedrock and a lack of a shallow water table (based on the lagoon level
groundwater should be greater than 50 feet deep.)
The potential for secondary seismic hazards as seiche and tsunami to impact the area of
planned construction is considered to be negligible due to site elevation.
CONCLUSIONS AND RECOMMENDATIONS
The proposed development of the site appears feasible from a geotechnical viewpoint
provided that the following recommendations are incorporated into the design and
construction phases of development
Site preparation should start with the appropriate demolition and removal of deleterious
materials and vegetation which should be disposed properly off site.
Limited grading is expected. Demolition and vegetation removal will result in the need for
some recompaction, which is expected to be limited to the upper 18 inches of material.
Provided footings extend into the undisturbed Paralic deposits this can be limited interior of
the structures and as appropriate for exterior flatworkk
Mr. Deaf is Burtech Project No3308-SD3
Limited Geotechnical Evaluation February 11, 2009
Proposed House Addition pa I
The on -site materials are considered suitable for reuse as compacted fill provided they are
free from debris, vegetation, roots, and cobbles and boulders greater than 6 inches in
diameter. The contractor should ensure that proposed materials to be used for backfilling at
this project are acceptable to the soils engineer_
Undercut areas should be brought to final grade elevations with fill compacted in layers no
thicker than 8 inches compacted to at least 90 percent of maximum dry density at near
optimum moisture content, as determined in accordance with ASTM Test Method D1557-
00. Prior to receiving fill, the bottom of excavation should be scarified to a depth of 6
inches; moisture conditioned, and recompacted to at least 90 percent of maximum dry
density. All materials placed as structural fill should be similarly compacted.
SLOPES
No graded slopes are planned. Bluff setbacks outlined in our referenced letter should be
maintained.
FOUNDATION DESIGN CRITERIA
Foundation design criteria for conventional foundation system in conformance with the
2007 CBC are presented herein. These are typical design criteria for the proposed
foundations and are not intended to supersede the design by the structural engineer. Other
types of foundations may require additional evaluation and a review of the
recommendations presented herein.
We are assuming the only limited processing is performed for the building areas and that
native soils are consistent with those tested. Foundation depth is intended to penetrate any
lose disturb soils and encountered the undisturbed Paralic deposits.
An allowable vertical bearing capacity of 2,000 pounds per square foot (psf), including both
dead and live loads, may be used. The allowable bearing value may be increased by one -third
when considering short -term live loads (e.g. seismic and wind loads).
The passive earth pressure may be computed as an equivalent fluid having a density of I50
psf per foot of depth, to a maximum earth pressure of 1500 psf. A coefficient of friction
between soil and concrete of 0.35 may be used with dead load forces. When combining
passive pressure and frictional resistance, the passive pressure component should be
reduced by one - third.
Mr. Domenic Burtech Pmiect No.3308 -SD3
Limited Geotechnical Evaluation February I I, 2009
Proposed House Addi ion P —A
All footings should extend to a depth of 24 inches below the existing grade and should be
embedded at least 18 inches below the lowest adjacent finished grade. Footings should be a
minimum of 12 inches or IS inches wide, respectively for one and two story portions of the
structure.
CONCRETE SLABS
Concrete slabs should be a minimum of 4 inches thick and reinforced with number 3
reinforcing bars at 18 inches centers in both directions. Reinforcing should be properly
supported to ensure placement near the vertical mid point of slabs. Control joints should be
provided to help reduce random cracking.
VAPOR RETARDING MEMBRANE
Where moisture condensation is undesirable a vapor retarding membrane should be
provided below the slab. The specific design, location and methods of placement can vary,
consistent with current practice_ The following guideline can be used: a minimum 10 -mil
vapor retarding membrane sandwiched between two layers of clean sand, S.E. 30 or greater,
each being at least two inches thick. Care should be taken to adequately seal all seams and
not puncture or tear membrane.
SUBGRADE MOISTURE
No specific subgrade moisture conditioning is recommended. Soil should be well moistened
prior to pouring concrete.
SEISMIC DESIGN PARAMETERS
The site is located in Zip Code 92024. Site spectral accelerations (Ss and S 1), for 0.2 and 1.0
second periods and 10 percent probability of exceedance in 50 years (MCE) was
determined from the USGS Website, Earthquake Hazards Program, Interpolated
Probabilistic Ground Motion for the Conterminous 48 States by Zip Code. For the purpose
of provided these parameters, the site is considered a Site Class "D ". The results are
presented in the following table:
Mr. Domenic Burtech Proiect No3308 -SD3
Limited Geotechnical Evaluation February I I. 2009
Proposed House Addition 2 S
SITE SEISMIC PARAMETERS
Mapped 0.2 sec Period Spectral Acceleration, Ss
1.306
Mapped 1.0 sec Period Spectral Acceleration, s 1
0.489
Site Coefficient, Fa
1.00
Site Coefficient Fv
I S 1 I
Maximum Considered Earthquake Spectral Response Acceleration Panmeter at 0.2
Second, SMS (g)
1.305
Maximum Considered Earthquake Spectral Response Acceleration Parameter at I.0
second, SM I
0.738
Design Spectral Resporue Acceleration Parameter for 0.2 Second, SDS (g)
1.870
Design Spectral Response Acceleration Parameter for 1.0 Second, SDI (g)
10.492
Seismically resistant structural design in accordance with local building ordinances should be
followed during the design of all structures. Building Codes have been developed to
minimize structural damage. However, some level of damage as the result of ground shaking
generated by nearby earthquakes is considered likely in this general area.
Landscape Maintenance and Planting
Water has been shown to weaken the inherent strength of soil, and slope stability is
significantly reduced by overly wet conditions. Positive surface drainage away from graded
slopes should be maintained and only the amount of irrigation necessary to sustain plant life
should be provided for planted slopes. Controlling surface drainage and runoff, and
maintaining a suitable vegetation cover can minimize erosion_ Plants selected for landscaping
should be lightweight deep-rooted types that require little water and are capable of
surviving the prevailing climate.
Overwatering should be avoided. The soils should be maintained in a solid to semi -solid
state as defined by the materials Atterberg Limits. Care should be taken when adding soil
amendments to avoid excessive watering. Leaching as a method of soil preparation prior to
planting is not recommended.
An abatement program to control ground- burrowing rodents should be implemented and
maintained. This is critical as burrowing rodents can decreased the long -term performance
of slopes.
It is common for planting to be placed adjacent to structures in planter or lawn areas. This
will result in the introduction of water into the ground adjacent to the foundation. This type
of landscaping should be avoided. If used, then extreme care should be exercised with
regard to the irrigation and drainage in these areas_ Waterproofing of the foundation and/or
Mr. Domenic Burtech Project No3308-SD3
Limited Geotechnical Evaluation February H. 2009
F'ro2osed House Addition Pare 6
subdrains may be warranted and advisable_ We could discuss these issues, if desired, when
plans are made available.
DRAINAGE
The need to maintain proper surface drainage and subsurface systems cannot be overly
emphasized. Positive site drainage should be maintained at all times. Drainage should not
flow uncontrolled down any descending slope. Water should be directed away from
foundations and not allowed to pond or seep into the ground. Pad drainage should be
directed toward approved area(s).
CONSTRUCTION OBSERVATIONS
We recommend that our representatives be present during site grading and foundation
construction to check for proper implementation of the geotechnical recommendations.
These representatives should perform at least the following duties:
• Observe bottom of removals prior to fill placement
• Evaluate the suitability of on -site and import materials for fill placement, and collect soil
samples for laboratory testing where necessary.
• Observe the fill for uniformity during placement including utility trenches. Also, test the
fill for field density and relative compaction.
If requested, GeoTek will provide a construction observation and compaction report to
comply with the requirements of the governmental agencies having jurisdiction over the
project We recommend that these agencies be notified prior to commencement of
construction so that necessary grading permits can be obtained.
LIMITATIONS
This assessment is a limited and intended to provide foundation and design parameters
considering near surface soils present on the site. The materials tested appear to be
representative of the area. however, soil and bedrock materials vary in character between
excavations and natural outcrops or conditions exposed during site construction. Site
conditions may vary due to seasonal changes or other factors. GeoTek, Inc assumes no
responsibility or liability for work, testing or recommendations performed or provided by
others.