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2008-10009 ILine: 3y o� k s 3S AA& July 15, 2009 Sottaku Doji, LLC Keith White, Managing Partner 230 Birmingham Drive Cardiff, CA 92007 Re: Permit issuance requirements for: Application 10009 -1 Case 04 -267 CDP Manchester Avenue APN: 260 - 352 -26 This letter summarizes the requirements for pulling your Engineering Permit for drawing 10009 -I. 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 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 10009 -I. (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: (a) NIA (b) Security Deposit for Improvement Permit 10009 -I: in the amount $16,850.00 to guarantee both performance and labor /materials for earthwork, drainage, private improvements, and erosion control. (c) NIA (d) NIA (e) NIA 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 Improvement Inspection Amount S842.00 NPDES Inspection (improvement) 168.00 Flood Control NIA Permanent Encroachment Fee 290.00 The grading and improvement inspection fees are calculated based on 5% of first $100,000.00 of the approved Engineer's cost estimates dated February 13, 2009 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. (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 public 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 ron /curb! utter /ram /sidewalk C -10 Electrical li htin /signals C -12 Grading & Paving any surface, certain drain- basins/channels C -27 Landscaping planting /irrigation /fencing & other amenities C -29 Mason retaining walls C -32 Parking &Highway Improvement signageistriping /safety C -34 Pipeline sanitary sewerlstorm 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 applicanticontractor 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 $300.00 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 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. i Ruben Macabitas Assistant Civil Engineer cc Sowards and Brown Engineering, (Randy Brown) Debbie Geishart, Engineering Special istaacian Masih Maher, Senior Civil Engineer permitifiile Enc Application Requirements for Proof of Insurance Security Obligation Agreements (various) OChicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521 -3400 Title Department: Chicago Title Company Attn: Tom Votel /Ranny Harper Email: votelt(@ctt.com & rannv.hamer@ctt.com Phone: (619) 521 -3673 Fax: (619) 521 -3608 Order No.: 830015801 -U50 Customer: Keith White Attn: Keith White JA�d 1 5 �GC� mail: keithAatomicminds.com Phone: (858) 395 -2679 Ref: Birmingham PRELIMINARY REPORT Property Address: 230 Birmingham Drive Cardiff, CA 92007 Dated as of: December 2, 2006 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that se forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. 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. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminary Report Form - Modified (11 -17-06) Page I Order No.: 830015801 -U50 SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: Sottaku Doji, LLC 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Forth - Modified (11 -17 -06) Page 2 LEGAL DESCRIPTION APN: 260- 352 -26 Order No.: 830015801 -U50 LOTS 25, 26, 27 AND 28, IN BLOCK 68, OF CARDIFF VILLA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 10, 1912. END OF LEGAL DESCRIPTION CLTA Preliminary Report Forth - Modified (11 -17 -06) Page 3 Order No.: 830015801 -U50 SCHEDULE B At the date hereof, items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy forth would be as follows: 2. 3. :1 Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2008 - 2009 V Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: Assessors Parcel Number: $8,358.67 (Paid) $8,358.67 $845.86 (Due after April 10) Zone 19006 260- 352 -26 The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: County of San Diego Purpose: public road Recorded: December 13, 1968 as Instrument No. 222552 of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: $700,000.00 Dated: June 2, 2003 Truster: Sottaku Deji, LLC Trustee: American Securities Company Beneficiary: Wells Fargo Bank, National Association Loan Number: Not shown Recorded: June 4, 2003 as Instrument No. 2003- 0658089 of Official Records CLTA Preliminary Report Form -Modified (I1 -17 -06) Page 4 Order No.: 830015801 -U50 SCHEDULE B (continued) 5. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: $577,000.00 Dated: August 4, 2003 Trustor: Sottaku Doji, LLC Trustee: Stewart Title of California Beneficiary: CDC Small Business Finance Corporation Loan Number: Not shown Recorded: August 12. 2003 as Instrument No. 2003 - 0974199 of Official Records An assignment of the beneficial interest under said Deed of Trust which names: As Assignee: United States Small Business Administration Recorded: August 12, 2003 as Instrument No. 2003 - 0974200 of Official Records 6. An Unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor: Sottaku Doji, LLC Lessee: ParkerWhite, Inc., and Atomicminds, Inc. Disclosed by: Subordination Agreement Recorded: August 12. 2003 as Instrument No. 2003- 0974203 of Official Records The present ownership of the Leasehold created by said Lease and other matters affecting the interest of the Lessee are not shown herein. 7. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and /or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 8. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Rcpon Form -Modified (11 -17 -06) Page 5 Order No.: 830015801 -U50 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No. 3: Your open order request indicates that a Limited Liability Company will be acquiring, encumbering or conveying real property in your transaction. Under the provisions of "the California Limited Liability Act, effective September 30, 1994" the following will be required: A copy of the Articles of Organization (and all amendments, if any) that has been filed with the Secretary of State. 2. The requirement that this Company be provided with a copy of the Operation Agreement. The copy provided must be certified by the appropriate manager or member that it is a copy of the current operating agreement. If the Limited Liability Company is member - managed then this Company must be provided with a current list of the member names. GP CLTA Preliminary Report Form - Modified (11 -17 -06) Page 6 SOWARDS ANO BROWN ENGINEERING DESCRIPTION CITY OF ENCINITAS ENGINEER'S ESTIMATE FOR MANCHESTER AVENUE IMPROVEMENTS QUANTITY UNIT UNIT COST 08 -036 2/13/09 TOTAL SAW CUT 148 LF 4.00 592 AC PAVEMENT REMOVAL 750 SF 2.00 1,500 SIDEWALK REMOVAL 137 SF 1.50 206 CURB & GUTTER REMOVAL 37 LF 3.00 111 4" PCC SIDEWALK 479 SF 5.00 2,395 6" CURB & GUTTER (TYPE G) 35 LF 20.00 700 6" CURB 7 LF 20.00 140 CONCRETE RIBBON GUTTER 298 SF 5.50 1,639 CURB RAMP, TYPED' 1 EA 1600.00 1,600 AC OVERLAY 657 SF 0.45 296 GRAVEL BAGS 200 EA 1.10 220 5" PERMEABLE CONCRETE 1184 SF 5.00 5,920 FE0 \A TV Subtotal $ 10% contingency $ TOTAL ENGINEER'S ESTIMATE $ N 190 rmr 'y .6130110 �Ta OFCAL' / 15,318 1,532 16,860 2187 NEWCASTLE AVENUE • SUITE 103 • CARDIFF BY THE SEA, CA 92007 (760) 436 -8500 • FAX (760) 436 -8603 RECORDING REQUESTED BY AND, WHEN RECORDED MAIL TO: CITY CLERK ) CITY OF ENCINITAS ) 505 SOUTH VULCAN AVENUE ) ENCINITAS, CA 92024 ) THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON JUN 09. 2009 DOCUMENT NUMBER 2009 - 0312100 DAVID L. BUTLER, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME 3.42 PM USE ENCROACHMENT MAINTENANCE AND REMOVAL COVENANT ENCROACHMENT PERMIT NO. 1000,9 - PE A.P.N.: 260-32-26 Project No: 04-267 ( /000L9 -Z) An encroachment permit is hereby granted to the Permittee designated in paragraph one, Exhibit "A", as the owner of the Benefited property described in paragraph two, Exhibit "A," to encroach upon City Property described in paragraph three, Exhibit "A ", as detailed in the diagram, Exhibit "B ". Exhibit "A" and "B" are hereby incorporated herein by this reference as though fully set forth at length. In consideration of the issuance of this encroachment permit, Permittee hereby covenants and agrees, for the benefit of the City, as follows: This covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees, and assigns of the respective parties. 2. Permittee shall use and occupy the City Property only in the manner and for the purpose described in paragraph four, Exhibit "A ". 3. By accepting the benefits herein, Permittee acknowledges title to the City Property to be in the City and waives all right to contest that title. 4. The term of the encroachment permit is indefinite and may be revoked by the City and abandoned by Permittee at any time. The city shall mail written notice of revocation to Permittee, addressed to the Benefited Property which shall set forth the date upon which the benefits of encroachment permit are to cease. 5. City is entitled to remove all or a portion of the improvements constructed by Permittee in order to repair, replace, or install public improvements. City shall have no obligation to pay for or restore Permittee's improvements. 6. Permittee agrees to hold harmless, defend and indemnify from and against all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out of or related to the use, construction, encroachment or maintenance to be done by the Permittee or Permittee's agents, employees or contractors on City Property. 7. Upon abandonment, revocation, completion, or termination, Permittee shall, at no cost to the city, return City Property to its pre - permit condition within the time specified in the notice of revocation or prior to the date of abandonment. 8. If Permittee fails to restore the City Property, the City shall have the right to enter upon the City Property, after notice to the Permittee, delivered at the Benefited Property, and restore the City Property to its pre - permit condition to include the removal and destruction of any improvements and Permittee agrees to reimburse the city for the costs incurred. Notice may be given by first class mail sent to the last known address of the Permittee, which shall be deemed effective three calendar days after mailing, or by any other reasonable method likely to give actual notice. 9. If either party is required to incur costs to enforce the provisions of this covenant, the prevailing party shall be entitled to full reimbursement for all costs, including reasonable attorney's fees. 10. Permittee shall agree that Permittee's duties and obligations under this covenant are a lien upon the Benefited Property. Upon 30 -day notice, and an opportunity to respond, the City may add to the tax bill of the Benefited Property any past due financial obligation owing to city by way of this covenant. 11. Permittee waives the right to assert any claim or action against the City arising out of or resulting from the revocation of this permit or the removal of any improvements or any other action by the City, its officers, agents, or employees taken in a manner in accordance with the terms of the permit. 12. Permittee recognizes and understands that the permit may create a possessory interest subject to property taxation and that the permittee may be subject to the payment of property taxes levied on such interest. 13. As a condition precedent to Permittee's right to go upon the City Property, the agreement must first be signed by the Permittee, notarized, executed by the City and recorded with the County Recorder of the County of San Diego. The recording "all be Paid by Permittee 14. Approved and issued by the City of Encinitas, Cdrnia, tKsr/�/ day of 20_ r1 � O rmittee Print C4441 06; Dated: Z O er /Permittee Signature �t,,�1� 61 7 tl � Owner /Permittee Print (Notarization of PERMI sig e i t ched) Dated: M �tPeter Cota - Robles Engineering Service Director, City of Encinitas 08 -036 2/19/09 EXHIBIT "A "TO COVENANT REGARDING ENCROACHMENT PERMIT (10009-PE) 19 _ 19_ T e 1:7 a 19 : go] ►195 PERMITTEE SOTTAKU DOJI, LLC PARAGRAPH TWO: BENEFITED PROPERTY LOTS 25, 26, 27 AND 28 IN BLOCK 68, OF CARDIFF VILLA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 10, 1912. PARAGRAPH THREE: CITY PROPERTY THAT PORTION OF THE NORTHERLY HALF OF BIRMINGHAM DRIVE ADJACENT AND SOUTHERLY TO THE PROPERTY AS DESCRIBED IN PARAGRAPH TWO AND THAT PORTION OF THE EASTERLY HALF OF MANCHESTER AVENUE ADJACENT AND WESTERLY TO THE PROPERTY AS DESCRIBED IN PARAGRAPH TWO. PARAGRAPH FOUR: PURPOSE ENCROACHMENT FOR WALKWAY, PERVIOUS CONCRETE, PLANTER, AND LANDSCAPING AND IRRIGATION AS SHOWN IN EXHIBIT "B ". �' 7 36190 613000 F-1 OF CA1. *, EXHIBI T 'B' N3034'00 0W 100.00'o _ ENCROACHMENT WALKWAY (ENCROACHMENT IRRIOAPON F ENCROACHMENT STAIRS I I JOB NO 08 -036 2 11 I I I i 2187 NEWCASTLE AVENUE SUITE 103 AREA Of ENCROACHMENT CARDIFF BY THE SEA, CA., 92007 TEL. 760 /436 -8500 FAX 760/436 -8603 o J C7 W °o Z APNrl260- 362 -26 W N I AN r4swr otwo m rw �I 01 MB of iw ww RIP PI.9K 21 Q m w lace � xv �) � L7SV 0r dFpAt aFQY7Di I ti� I. R I o Z L 36190 m E . 6/30/10 Sl CIV \ 9TF Of CA0��� A W 2 U 3r s 0 L ::� Q z Es JOB NO 08 -036 2 11 SOWARDS &BROWN ENGINEERING CONSULTING ENGINEERS 2187 NEWCASTLE AVENUE SUITE 103 AREA Of ENCROACHMENT CARDIFF BY THE SEA, CA., 92007 TEL. 760 /436 -8500 FAX 760/436 -8603 ACKNOWLEDGMENT State of California County of lb— On- -Z r A d; 09 before me, -ti%�- ��c d tTl/L/ (inserf name and (tle of the o er) personally appeared who proved to me on the ba ' of satisfactory evidence to be the person(ej whose name(OHs /arc subscribed to the within instrument and acknowledged to me that he /S*KW4he4 executed the same in his /' a Aheir authorized capacity(ie*, and that by his /hefAheir signature*on the instrument the person(e), or the entity upon behalf of which the persona} 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. OFFICIAL SEAL L. MONTES WITNESS m hand and official seal. NOTARY PUBLIGCALIFORNIA COMM- IND. y SAN DIEGO ICOUNTTYY Q'MY COMM. EXP. AUG. 10 Inn i S in�� v��oivof�rii (Seal) ACKNOWLEDGMENT State of California pp.,_ County of Top On AVO 2i Uto) before me, bVAMw:�4 2 1 01� ukc � j`' (insert name and title of the offi er) 'i personally appeared 1rn(e. who proved to me on the basis of satisfacto evidence to be the person( whose name ) is/ e subscribed to the within instrument and acknowledged to me that t)gfsheftWy executed the same in /herlthW authorized capacity(i"If and that by hdherltKir signature(�Yon the instrument the p"rson(sXor the entity upon behalf of which the personal 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. GUADAI.UPE RUIZ WITNESS my hand and official seal. `� 1713067 �b o' � - raorunruaccnrrarr + n � rner�cou+n' NNCamn F� Dec 29.2010 Signature__ ___ (Seal)