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2008-927 G
Line: L; i ai 8059 _ SEP 22009 D HYDROLOGY ESTIMATE ENGINEERING SERVICES FOR CITY OF ENCINITAS BOBO ADDITION AT 1566 RUBENSTEIN AVENUE CARDIFF, CALIFORNIA Prepared For: Mark Bobo 1566 Rubenstein Avenue Cardiff, Ca. 92007 Prepared BY: DRF Engineering 969 Vale Terrace Vista, Ca. (858) 386 -8836 Date Prepared: April 7, 2008 Exp: 12 -31-1 /-C D' ' y FORMAN Z � m OF TABLE OF CONTENTS VICINITYMAP .................................................................................. ............................... ii 1. PROJECT DESCRIPTION ........................................................... ..............................1 2. HYDROLOGICAL DESCRIPTION ............................................... ..............................1 3. HYDROLOGICAL METHODOLOGY ............................................ ..............................1 5 HYDROLOGIC ANALYSIS RESULTS ........................................... ..............................2 Tabulated Hydrological Results. 6. SUMMARY AND CONCLUSIONS ............................................... ..............................2 EXHIBITS: Exhibit A — 100 year 6 hour Rainfall Isopluvials & Hydrologic soils group map. Exhibit B — Existing Impervious condition. Exhibit C — Proposed Impervious Condition. Exhibit D — Hydrology Calculations. Exhibit E — Infiltration Basin PROJECT DESCRIPTION The project proposes to build a single story addition onto an existing residential building. The room additions foundation will be concrete slab on grade. The existing residence is located on the west side of Rubenstein Avenue, below the grad of the road. This area of Cardiff was developed before Encinitas incorporated. When this area was part of San Diego county, development proceeded by the lot split method. The lots are non - uniformly orientated with long drive ways passing between lots to access homes behind homes abutting Rubenstein Avenue. HYDROLOGICAL DESCRIPTION The area has a mild grade to the west. The non - uniformly orientated lots drain to the west with the run -off from one lot discharging onto another. Although Cross -lot drainage is not unusual in lot -split style development, the smaller size of these lots, 8,000 to 10,000 square feet, can cause cross -lot drainage to have an adverse impact. For this reason and others the City of Encinitas has a policy of zero increase in run -off due to development. HYDROLOGICAL METHODOLOGY To achieve zero increase in run -off on smaller projects with a single discharge point, the city has developed a simple generic infiltration basin design ad methodology. The increase in runoff is determined by an adjustment to the weighted run-off coefficient cause by the before and after impervious area. The size of the gravel filled trench infiltration basin is determined by the rational formula for peak discharge, a scaling factor to acquire a volume of storm water run -off to be retained and a volume factor to account for the gravel plus its voids. Change in peak run -off: Q., =C, I•A Storage Volume of infiltration basin: V = (Volume factor of gravel) - (Area under hydrograph) _ ( 1.5 ) ( 2.65 Q Tc ) The scaling factor for the area under the hydrograph, 2.65, is an adjustment that accounts for the calculated 5 minute time of concentration (Tc) peak discharge superimposed into the statistical 6 hour design storm. HYDROLOGIC ANALYSIS RESULTS Total Basin Runoff BASIN Q Effective C Tc (min.) I in/hr Area (ac) Total QPeak (Cfs) Total Existing Q 0.609 5.00 6.59 0.195 0.810 Proposed Q 0.7141 5.00 6.59 0.195 0.920 Increase in Q 0.1051 5.00 6.59 0.195 0.110 The increase in run-off of 0.111 cfs has a calculated required infiltration basin volume, according to the City of Encinitas formula of 131.18 Cu. Ft. This will be increased by 25% to 162 Cu. Ft. to allow room for future silt deposits. See exhibit E for a proposed infiltration basin design. SUMMARY AND CONCLUSIONS The projects room additions will increase the impervious area of the lot by 66 percent. The increase in run off can be retained and infiltrated into the ground. The discharged remaining flow, equal to the pre- addition run -off. will leave the site at the same location, discharging onto a asphalt drive way running along the south property line. The down stream property owners will not realize any change. EXHIBIT "A" 6 Hr. Isopluvial Map Soil Hydrologic Group Map County of San Diego orange' Hydrology Manual County — aria _; '� ' Riverside County t �t ! 1 ' - T •l X :•` •. L' : •. % t '; B" i t. y o t 5 \•� •�: _ ji0l11fQll ISOPItA'7QZ4 ; . •,....... i � l i% •Tj t, � = . , ..... . -. ♦� "' �. '• x'2:6 33'tg -•- - -• 100 Ynr Ralnhll Evert -6 Hoan ..} C � I X9.4 n.` ...., • \.... %IIIILMI� ♦ `t }y`' %... • ' WuM1aFILl1 t / % 1 ♦� } C U 3i'45- _ Cis Sa�.nGIS ,-: -�- ...•. ;, • S. .. M e x i c araa 32W a2 s MW 6 tr ® County of San Diego Hydrology Manual Soil Hydrologic Groups Legen Sol Gmups Group A _ Ca 8 Gro C ® Gr D OU- daumiwd �G IS SMGIS 3 0 3 Miles " ..a EXHIBIT "B" Existing Impervious Area 1 � w• M De]. AftW IN 01 lip, 1 r' EX P "C.C. �f / f � PAnQ • � � �/ ,, X PA 770 .., i 31108E " a ae • _� �„ o F EXHIBIT B° EXISTING IMPERMUS AREA 2,900 SF TOTAL GRAPHIC SCALE 2p' p 10' 20' 40' 1 inch = 20' ft. H. Anw 73°.°53. °.f 1 3 .p t .L "; .1 ♦ Y Q /V 4 <F3vQq'oF ab••: k / �F Aeh GRAPHIC SCALE 2Q' p l p' 20' 40' MEOW 1 inch = 20' ft. H. EXHIBIT 'C" PROPOSED WERVIOUS AREA 4,465 SF TOTAL EXHIBIT "D" Infiltration Basin r� . d r O e� o. o" ..s W�ft�. V41, j 4' PERF ERA TED PVC MIN. { MN. 1rr r A W %ACN LINE 314" CRUSHED ROCK. 1 inch = 10' ft. H. IRENCHING SPOILS PLACED OVER BASIN. 2.50' + /— EXHIBIT 'E' PROPOSED INFIL7RA77ON BASIN EXHIBIT "E" Infiltration Basin HYDROLOGY CALCULATIONS Change In Peak runoff Due To Development IMPERVIOUS AREAS: The change in developmental Peak runoff is due to a change in impervious areas. A weighted run -off coefficient is based on the pervious ground having a run -off coefficient of 0.45 and the impervious surfaces having a run -off coefficient of 0.95. EXISTING CONDITION: The total impervious surface for the existing condition from exhibit "B" is 2,900sq.ft. or 0.067ac. The total area of the existing drainage basin is 8,510 sq.ft. or 0.195ac, leaving 5,790sq.ft. or 0.133ac. of pervious ground. The weighted run -off coefficient is: CE.St = (0.45 - 0.132) + ( 0.95 - .067) / 0.195 = 0.631 PROPOSED CONDITION: The total impervious surface for the proposed condition from exhibit "C" is 4,465sq.ft. or 0.103ac. The total area of the existing drainage basin is still 8,510 sq.ft. or 0.195ac leaving 4,045sq.ft. or 0.093 ac. of pervious ground. The weighted run -off coefficient is: CProp= (0.45'0.093) +(0.95'0.103)10.195 =0.716 PEAK RUN -OFF: The peak run -off from the site is a function of the 100 year design storm rainfall intensity (I). From the 100 year 6 hour isopluvial map (Exhibit "A ") the total 6 hour precipitation (P6) is 2.5 inches. From the intensity formula: I = (7.44) (Ps) (To) -0.645 The Intensity for a 5 minute T, is: I = (7.44) (2.5) (5) -0 .645 = 6.59 in /hr The existing condition run -off is QEmt=C' I - A= 0.81 cfs The proposed condition run -off is: QPropt = C I - A = 0.920 cfs E C E � k sEP 2 W YDROLOGY ESTIMATE NGINEERING SERVICES FOR CITY OFENCINITAS BOBO ADDITION AT 1566 RUBENSTEIN AVENUE CARDIFF, CALIFORNIA Prepared For: Mark Bobo 1566 Rubenstein Avenue Cardiff, Ca. 92007 Prepared BY: DRF Engineering 969 Vale Terrace Vista, Ca. (858) 386 -8836 Date Prepared: April 7, 2008 of""Is R. '4C� VuRMAN i A sr4 OCNIp `"0 D6nrt'is R. Furman `R-C.E. 32391 Exp: 12- 31-WIC TABLE OF CONTENTS VICINITY MAP 1. PROJECT DESCRIPTION ......................................................................................... 1 2- HYDROLOGICAL DESCRIPTION ............................................................................. 3. HYDROLOGICAL METHODOLOGY .......................................................................... 5 HYDROLOGIC ANALYSIS RESULTS ......................................................................... 2 Tabulated Hydrological Results. 6. SUMMARY AND CONCLUSIONS ............................................................................. 2 EXHIBITS: Exhibit A — 100 year 6 hour Rainfall Isopluvials & Hydrologic soils group map Exhibit B — Existing Impervious condition. Exhibit C — Proposed Impervious Condition. Exhibit D — Hydrology Calculations. Exhibit E — Infiltration Basin PROJECT DESCRIPTION The project proposes to build a single story addition onto an existing residential building. The room additions foundation will be concrete slab on grade. The existing residence is located on the west side of Rubenstein Avenue, below the grad of the road. This area of Cardiff was developed before Encinitas incorporated. When this area was part of San Diego county, development proceeded by the lot split method. The lots are non - uniformly orientated with long drive ways passing between lots to access homes behind homes abutting Rubenstein Avenue. HYDROLOGICAL DESCRIPTION The area has a mild grade to the west. The non - uniformly orientated lots drain to the west with the run -off from one lot discharging onto another. Although Cross -lot drainage is not unusual in lot -split style development, the smaller size of these lots, 5,000 to 10,000 square feet, can cause cross -lot drainage to have an adverse impact. For this reason and others the City of Encinitas has a policy of zero increase in run -off due to development. HYDROLOGICAL METHODOLOGY To achieve zero increase in run -off on smaller projects with a single discharge point, the city has developed a simple generic infiltration basin design ad methodology. The increase in runoff is determined by an adjustment to the weighted run-off coefficient cause by the before and after impervious area. The size of the gravel filled trench infiltration basin is determined by the rational formula for peak discharge, a scaling factor to acquire a volume of storm water run -off to be retained and a volume factor to account for the gravel plus its voids. Change in peak run -off: Qo= C_�-I•A Storage Volume of infiltration basin: V = (Volume factor of gravel) (Area under hydrograph) _ ( 1.5 ) ( 2.65 Q Tc ) The scaling factor for the area under the hydrograph, 2.65, is an adjustment that accounts for the calculated 5 minute time of concentration (Tc) peak discharge superimposed into the statistical 6 hour design storm. HYDROLOGIC ANALYSIS RESULTS Tntal Racin Runnff BASIN Q Effective C Tc (min.) I in/hr Area (ac) Total Qpeak (CfS) Total Existing Q 0.609 5.00 6.59 0.195 0.810 Proposed Q 0.714 5.00 6.59 0.195 0.920 Increase in Q 0.105 5.00 6.59 0.195 0.110 The increase in run -off of 0.111 cfs has a calculated required infiltration basin volume, according to the City of Encinitas formula of 131.18 Cu. Ft. This will be increased by 25% to 162 Cu. Ft. to allow room for future silt deposits. See exhibit E for a proposed infiltration basin design. SUMMARY AND CONCLUSIONS The projects room additions will increase the impervious area of the lot by 66 percent. The increase in run off can be retained and infiltrated into the ground. The discharged remaining flow, equal to the pre- addition run -off, will leave the site at the same location, discharging onto a asphalt drive way running along the south property line. The down stream property owners will not realize any change. EXHIBIT "A" 6 Hr. Isopluvial Map Soil Hydrologic Group Map � � B County of San Diego Orange Hydrology Manual County aa•aa Riverside County Rainfall Isnplrrvials 1. ..... ..,•♦ •`2� 100 Year Rainfall Event - 6 Hoan 33'15' " oawww r., ....k. �.\ ♦ .. �.. ; [ r" �00 n wuJ euo,r ; i P`a.n• r 21 O fi is i DPW � ..,•� a,� + .Gis SanGIS N +E 32 3D i- 3 0 MW i c n•aa H � County of San Diego Oran e Hydrology Manual County Riverside County ' I Soil Hydrologic Groups .._... •� are - - -- 33 V end Gm A �I Grano 8 GranoC O Brings .. Grao D �•• -I �� � UnMMrrlY�tl 33.00• — _ � Dam UrlMi�rY � �'�' _ vew ____ r tn. town O m d IT NOF •C 32-45' u,ll _ LC Ma'F } .. '°GIS Sa�.t1GIS IweNMI f�i4�•'N'�c •.� -'_ • � .riwmnuiwwaa McXicH_.._.a 32'30 ti 3 0 3 Miles � EXHIBIT "B" Existing Impervious Area i rr � _J o a o h� O ^ ti ei FI l } ,t r *-PAW,.' rf tic PA J ,p N .Pee. a• '� Oa J. s.Y ABM ree oa e. o.e - w v ` S N ! GRAPHIC SCALE 20 p 10' 20' 40' 1 inch = 20' ft. H. aci v; EXHIBIT 'B' EXISTING IMPERVMS AREA 2,900 SF TOTAL eor to ' ._i1 _�. • ►w reo. oeJ. ore OS3 647 Sol - $Be 4r o � 4j' i t a •l L 0 / r ..e,Y Ir: FW'q OrO�e P�i. EXHIBIT 'C" PROPOSED MERVbIS AREA 4,465 SF TOTAL GRAPHIC SCALE 20' Q 10' 20' 40' 1 inch = 20' ft. H. EXHIBIT "D" Infiltration Basin 0 4' PERFERA7E0 PVC 3 /s' CRUSHED ROCK. Q p �• o' 20' 1 inch = 10' ft. H. MIN. F. y - TRENCHING SPOILS PLACED OVER BASIN. TYPICAL SECTION N.T.S. EXHIBIT 'E° PROPOSED INFIL TRA T7ON BASIN EXHIBIT "E" Infiltration Basin HYDROLOGY CALCULATIONS Change In Peak runoff Due To Development IMPERVIOUS AREAS: The change in developmental Peak runoff is due to a change in impervious areas. A weighted run -off coefficient is based on the pervious ground having a run -off coefficient of 0.45 and the impervious surfaces having a run -off coefficient of 0.95. EXISTING CONDITION: The total impervious surface for the existing condition from exhibit "B" is 2,900sq.ft. or 0.067ac. The total area of the existing drainage basin is 8,510 sq.ft. or 0.195ac, leaving 5,790sq.ft. or 0.133ac. of pervious ground. The weighted run-off coefficient is: CE11t= (0.45.0.132) +(0.95.067)/0.195 =0.631 PROPOSED CONDITION: The total impervious surface for the proposed condition from exhibit "C" is 4,465sq.ft. or 0.103ac. The total area of the existing drainage basin is still 8,510 sq.ft. or 0.195ac leaving 4,045sq.ft. or 0.093 ac. of pervious ground. The weighted run -off coefficient is: CProp = (0.45 . 0.093) + ( 0.95 . 0.103) / 0.195 = 0.716 PEAK RUN -OFF: The peak run -off from the site is a function of the 100 year design storm rainfall intensity (1). From the 100 year 6 hour isopluvial map (Exhibit "A ") the total 6 hour precipitation (P6) is 2.5 inches. From the intensity formula: I = (7.44) (Ps) (T,) -0 .sas The Intensity for a 5 minute T. is: I = (7.44) (2.5) (5) -0 645 = 6.59 in /hr The existing condition run -off is: QEpu = C I A = 0.81 cfs The proposed condition run-off is: QP,w, = C I A = 0.920 cfs United Title Company 8880 No San Diego Drive. Suite 100, San Diego, Ca 92108 PRELIMINARY REPORT Property Address: 1566 Rubenstein Avenue (Cardiff Area), Encinitas, CA In response to the application for a Policy of Title Insurance, United 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 and/or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy fors. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies of Title Insurance are set forth in Addendum A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that 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. 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 Addendum A. Copies of the Policy fors should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Addendum A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the Policy or Policies of Title Insurance and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy or Policies of Title Insurance. a Binder or Commitment should be requested. Dated as of March 20, 2008, at 7:30 a.m. M i ke West Mike West Title Officer Our Order No.: 40801648 - 40 Your Reference: Bobo Remax Associates 1509 Encinitas Blvd. When Replying Please Contact Encinitas, Ca 92024 United Title Company Attn.: MARK BOBO 8880 No San Diego Drive, Suite 100 San Diego, Ca 92108 (800) 424 -8821 (619) 542 -7185 Fax Attn.: Mike West Property Address: 1566 Rubenstein Avenue (Cardiff Area), Encinitas, CA In response to the application for a Policy of Title Insurance, United 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 and/or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy fors. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies of Title Insurance are set forth in Addendum A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that 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. 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 Addendum A. Copies of the Policy fors should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Addendum A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the Policy or Policies of Title Insurance and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy or Policies of Title Insurance. a Binder or Commitment should be requested. Dated as of March 20, 2008, at 7:30 a.m. M i ke West Mike West Title Officer ORDER NO 40801648 -40 SCHEDULE A 1. 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: MARK D. BOBO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 86% INTEREST AND KRISTY R. BOBO, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY AS TO UNDIVIDED 14% INTEREST, AS TENANTS IN COMMON. 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF ORDER NO 40801648 -40 EXHIBIT "A" THAT PORTION OF LOT 14 OF RIDGEWAY HEIGHTS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JULY 3, 1929, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE SOUTH 23 012' EAST ALONG THE WESTERLY LINE OF SAID LOT, 33.3 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 23 012' EAST 32.95 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, SOUTH 67 004'00" EAST 317.91 FEET TO THE SOUTHERLY CORNER OF SAID LOT 14, SAID POINT BEING ON THE NORTHWESTERLY LINE OF RUBENSTEIN AVENUE AS SAID AVENUE IS SHOWN ON MAP NO. 2163; THENCE NORTH 18 013'20" EAST ALONG THE EASTERLY LINE OF SAID LOT 110 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 81 043'23" WEST 342.67 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT; THENCE NORTH 18 013'20" EAST ALONG THE SOUTHEASTERLY LINE THEREOF TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 15 FEET NORTHEASTERLY OF, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF SAID LOT 14; THENCE NORTH 67 004'00" WEST ALONG THE SAID PARALLEL LINE TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 105 FEET NORTHWESTERLY OF MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTH 18 013'20" EAST ALONG SAID PARALLEL LINE TO AN INTERSECTION WITH THE NORTHERLY LINE OF LAND DESCRIBED IN A DEED TO WILLIAM A. MARTIN, ET UX, RECORDED, AUGUST 6, 1957, IN BOOK 6694, PAGE 362, OF OFFICIAL RECORDS; THENCE NORTH 81 043'23" WEST ALONG SAID 23 012' EAST ALONG SAID SOUTHWESTERLY LINE 32.95 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 67 004'00" EAST 317.91 FEET TO THE POINT OF BEGINNING. -3- ORDER NO 40801648 -40 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1 2 4 PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2008 -2009 WHICH ARE A LIEN NOT YET PAYABLE. PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR PRORATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR 2007 -2008 1ST INSTALLMENT: $463.73 2ND INSTALLMENT: $463.73 EXEMPTION: $7,000.00 LAND: $41,713.00 IMPROVEMENTS: $20,816.00 PERSONAL PROPERTY: $0.00 CODE AREA: 19006 PARCEL NO.: 260 - 083 -18 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. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. -4- ORDER NO 40801648 -40 j A COVENANTS, CONDITIONS AND RESTRICTIONS AS SET FORTH IN THE DOCUMENT RECORDED: AUGUST 9, 1945 IN BOOK 1920, PAGE 232, OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT OR RESTRICTION BASED UPON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT (A) IS EXEMPT UNDER TITLE 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY. AMOUNT: $581,250.00 DATED: NOVEMBER 19, 2007 TRUSTOR: MARK D. BOBO AND KRISTY R. BOBO, HUSBAND AND WIFE TRUSTEE: PROVIDENT FINANCIAL CORP., A CALIFORNIA CORPORATION BENEFICIARY: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ( "MERS ") ACTING SOLELY AS A NOMINEE FOR PROVIDENT SAVINGS BANK, F.S.B., A FEDERAL CORPORATION, AND ITS SUCCESSORS AND ASSIGNS ORIG. LOAN NO: 352- 89066237 RECORDED: NOVEMBER 30, 2007 AS DOCUMENT NO. 2007- 0746433, OF OFFICIAL RECORDS. -5- ORDER NO 40801648 -40 7, A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY. AMOUNT: $77,500.00 DATED: NOVEMBER 26, 2007 TRUSTOR: MARK D. BOBO AND KRISTY R. BOBO, HUSBAND AND WIFE AS JOINT TENANTS TRUSTEE: AMERICAN SECURITIES COMPANY BENEFICIARY: WELLS FARGO BANK, N.A., ORIG. LOAN NO: REFERENCE: 20073103610729 ACCOUNT: 650- 650- 7659501 -OXXX RECORDED: NOVEMBER 30, 2007 AS DOCUMENT NO. 2007- 0746434, OF OFFICIAL RECORDS. IF THIS DEED OF TRUST SECURES A CREDIT LINE AND IS TO BE RECONVEYED THROUGH THIS TRANSACTION, THE REQUIREMENT THAT UNITED TITLE COMPANY WILL BE FURNISHED PRIOR TO RECORDING WITH: (1) A WRITTEN STATEMENT THAT THE ACCOUNT IS FROZEN; AND (2) A WRITTEN REPRESENTATION THAT TO THE BEST OF THE BORROWER'S KNOWLEDGE THE AMOUNT REFLECTED IN THE DEMAND INCLUDES ALL SUMS ADVANCED TO THE BORROWERS UNDER THE LINE OF CREDIT, UP TO THE DATE THE ACCOUNT WAS FROZEN BY THE LENDER; AND (3) A WRITTEN PROMISE TO PAY TO THE LENDER ANY SUMS OWED UNDER THE LINE OF CREDIT, BUT WHICH ARE NOT REFLECTED IN THE LENDER'S PAYOFF DEMAND. 8. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE 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: ALL PARTIES TO THIS TRANSACTION (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) m UNITED TITLE COMPANY --------------- -- --- NOTES UNITED TITLE COMPANY - GENERAL INFORMATION 9. CALIFORNIA INSURANCE CODE 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 VIA WIRE TRANSFER MAY BE DISBURSED UPON RECEIPT. FUNDS DEPOSITED WITH THE COMPANY VIA CASHIER'S OR TELLER'S CHECKS DRAWN ON A CALIFORNIA -BASED BANK MAY BE DISBURSED 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 AND /OR ITS PARENT 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 AND /OR ITS PARENT COMPANY. THOSE BENEFITS MAY INCLUDE, WITHOUT LIMITATION, CREDITS ALLOWED BY SUCH FINANCIAL INSTITUTION ON LOANS TO THE COMPANY AND /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. IF FUNDS ARE TO BE DEPOSITED WITH UNITED TITLE COMPANY BY WIRE TRANSFER, THEY SHOULD BE WIRED TO THE FOLLOWING BANK /ACCOUNT: COMERICA BANK 2321 ROSECRANS AVENUE, SUITE 5000 EL SEGUNDO, CA 90245 • ACCOUNT NO.: 1891611541 ABA NO.: 121137522 REFERENCE: 40801648 -40 SHOULD THIS OFFICE BE REQUIRED TO WIRE FUNDS OUT AT CLOSE OF ESCROW, PLEASE BE ADVISED THAT WIRING INSTRUCTIONS SHOULD BE RECEIVED AS SOON AS POSSIBLE. A SERVICE CHARGE WILL BE ASSESSED FOR ALL FUNDS DISBURSED BY THIS COMPANY BY OUTGOING WIRE TRANSFER. -7- ORDER NO 40801648 -40 10. NOTE: IF A 1970 ALTA OWNER'S OR LENDER'S OR 1975 ALTA LEASEHOLD OWNER'S OR LENDER'S POLICY FORM HAS BEEN REQUESTED, THE POLICY, WHEN APPROVED FOR ISSUANCE, WILL BE ENDORSED TO ADD THE FOLLOWING TO THE EXCLUSIONS FROM COVERAGE CONTAINED THEREIN: LOAN POLICY EXCLUSION: ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (i) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (ii) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OF EQUITABLE SUBORDINATION; OR (iii)THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (a) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (b) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. OWNER'S POLICY EXCLUSION: ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED, THE ESTATE OR INTEREST INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (i) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (ii) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (a) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (b) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. 11. THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE SHORT -TERM RATE. 12. NOTE: IF THE POLICY TO BE ISSUED IN THIS TRANSACTION IS THE CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY, DEDUCTIBLES AND MAXIMUM DOLLAR LIMITS FOR COVERED RISKS NO. 14, 15, 16 AND 18 ARE APPLICABLE. YOUR TITLE OFFICER SHOULD BE CONSULTED IF YOU HAVE ANY QUESTIONS. ORDER NO 40801648 -40 13. NOTE: A COPY OF THIS COMPANY'S PRIVACY POLICY NOTICE IS ATTACHED HERETO FOR YOUR REVIEW. IF, FOR ANY REASON, YOU DO NOT FIND IT ATTACHED AND YOU WISH TO REQUEST A COPY, PLEASE CALL OUR TOLL - FREE NUMBER: (800) 464 -4882. 14. THE MAP ATTACHED DEPICTED THEREON OTHER THAN ORIEN'. PARCELS DEPIC'T'ED. FOR ALLEGED LOSS THIS MAP. WARNING HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE CATION TO THE GENERAL LOCATION OF THE PARCEL OR THIS COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON -9- ORDER NO 40801648 -40 United Capital Title Insurance Company, United Title Company, First California Title Company, Land Title of Nevada, Inc., United Title Agency, 1031 Exchangepoint Privacy Policy Notice We are committed to safeguarding customer information; When we request information from you or about you, it is for our own legitimate business purposes and not for the benefit of any unaffiliated party; We use personal consumer information oNy for legitimate business purposes in a manner consistent with title insurance and escrow practices in compliance with applicable laws and regulations; We will obey the laws governing the collection, use, and dissemination of personal data; and We will endeavor to educate our employees on the responsible collection and use of personal information. PURPOSE OF THIS NOTICE Title V of the Gramm - Leach - Bliley Act (GLBA) generally requires a financial institution (which term includes title insurers, underwritten title companies and those providing real estate settlement services) to disclose to all its customers the privacy policies and practices with respect to information sharing of consumer nonpublic personal information with both affiliates and nonaffiliated third parties. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of United Capital Title Insurance Company, United Title Company, First California Title Company, Land Title of Nevada, Inc., United Title Agency, and 1031 Exchangepoint. This disclosure does not apply to business, commercial or agricultural transactions. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent, lender, surveyor or appraiser. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. This includes, but is not limited to, a title plant operated by Property Insight. In order to effect, administer and enforce the title insurance transaction, and in order to protect against actual or potential fraud, unauthorized transactions, claims or other liability, information related to the issuance of the title policy, its amount and the exceptions to coverage therein, is provided to nonaffiliated title plants which house not only land title public records and information regarding the physical characteristics of the property, but also information regarding the issuance of this and other title policies and title exceptions therein. The title plant information is available for the use of all licensed title insurance companies or underwritten title companies participating in the title plant and doing business in the county in which the property is located. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. ORDER NO 40801648 -40 Sj —=sue e� a� a- o� N� a a a - �? 5% .y h h N P a m r �m t3 w iu N s P c RI P .o a i O Z c' N 0 I �6 g Y iQ e :E This map is not a survey. It's merely a convenience to juxtapose the land to adjoining streets and other lands and not to guarantee any dimension, bearings, or acreage. lI�uIMinI1i1g rl LIF�oo3onta, .11111111111 I Mg�n ��c � a - �? 5% .y h h N P a m r �m t3 w iu N s P c RI P .o a i O Z c' N 0 I �6 g Y iQ e :E This map is not a survey. It's merely a convenience to juxtapose the land to adjoining streets and other lands and not to guarantee any dimension, bearings, or acreage. n R 00 oN N� m F'. __ u a ^ d u; = H i Q� ~7' z � O w�m N SOS � 6n� s N O b ub O NA ���nes ®Eeeoe�cc�e�� oBoo■i e��Aeeecee�cas�0�eeee�o�ee�eeeeoi a ^ d u; = H i Q� ~7' z � O w�m N SOS � 6n� s N O b ub O ORDER NO 40801648 -40 This map is not a survey. It's merely a convenience to juxtapose the land to adjoining streets and other lands and not to guarantee any dimension, bearings, or acreage. ORDER NO 40801648 -40 \g% 4m i s+ b+ afz WI 3 uw 2� Y 8N N i W ¢ N C Q V �Opo H 2 a U-3 �a 3z Z-, �'I � a x°00 W ro .`iii �a W N W qt- r �m m' o DoE N M ' f_ This map is not a survey. It's merely a convenience to juxtapose the land to adjoining streets and other lands and not to guarantee any dimension, bearings, or acreage. ORDER NO 40801648 -40 ADDENDUM A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Comparry will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance a governmental regulation (including but not limited to building or zoning laws, ordinances, a regulations) restricting regulating, prot"rig or relating () the occupancy, use, or aygment of the land, (e) the character. dimensions or location of arty improvement now a hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of Which the land is or sues a park or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enlacement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or nice of a defect, lien or encurnbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims a other matters . (a) whether or riot recorded in the public records at Date of Policy but created, suffered, assumed a agreed to by the insured claimant (0) not knowri to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and no( disclosed in writing to the Company by the insured claimant pnor to the date the insured claimant became an insured under this policy (c) resulting in no loss or damage to the insured daimank (d) attaching or created subsequent to Date of Policy. or (e) resulting in loss or damage which would not have been sustained t the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unermforceabdity of the lien of the insured mortgage because of the inability or fadure of the insured at Date of Policy, or the inability a failure of any subsequent owner of the indebtedness, to comply With the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenfaceability, of the lien of the insured mortgage, a claim thereof which arses out of the transaction evidenced by the insured mortgage and is based eporm usury or any consumer credit protection a truth in lending law. 6. Any claim. which arses out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender. by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE — SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which wise by reason at 1. Taxes or assessments which are not shown as existing liens by the records of arty taxing authority that levies taxes or assessments on reel property or by the public records. Proceedings by a public agency which may result in taxes or assessments. a notices of such proceedings, whether or not shown by the records of such agency a by the public records. 2. Any facts, rights, interests, a claims witch are not shoewm by the public records but Wtmich could be ascertained by an inspection of the land or which may be asserted by persons in possession trend. 3. Easements, liens or encumbmnces, a claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area. encroachments, or arty other fads which a correct survey would disckse. and which are not shovrm by the public records. 5. (a) Unpalerfed mining claims, (b) reservations a exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the maters excepted under (a), (b) or (c) are sMwWm by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10127103) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule 6. You are not insured against loss, costs, attorneys' fees, and expenses resulting fran 1. Governmental police polder, and the existence or violation of any law or government regulation. This includes advances, lays and regulations concerning a building b zoning c Land use d, improvements on the Land e. Land division I . environmental protection This Exclusion does not apply to violations a the enforcement of these maters f notice of the violation or enforcement appears in the Public Records at the Policy Date. 1 of 6 ORDER NO 40801648 -40 This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 a 24. 2. The failure of Your existing structures. or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of budding codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning 4, unless: a a notice of exercising the right appears in the Public Records at the Palley Date, or b, the taking happened before the Policy Date and is binding on You f You bought the Lard wttnout Knowing of the taking 4 Risks: a. that are created . allawed. a agreed to by You whether or not they appear in the Public Records, b, that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date, C. that result in no loss to You, or d. that first occur after the Policy Date - this does rat limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 a 25, 5. Failure to pay value for Your Title. 6. Lack of a right a. to any Lard outside the arm specifically descrbed and referred to in paragraph 3 of Schedule A, and b. in streets, alleys, or waterways that touch the Lard. This Exclusion does not limit the coverage described in Covered Risk 11 or 18 LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on Use Owrcer s Coverage Statement as follows. • For Covered Risk 14, 15,16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows Your Deductible Amourt Oa Maximum Dollar Limit of Liability Covered Risk 14: 1% of Policy Amount or $ 2,500 (whichever is less) $ 10,000 Covered Risk 15: 1% of Policy Amount or $ 5,000 (whichever is Less) $ 25,000 Covered Risk 16. 1 % of Policy Amount or $ 5,000 (whichever is less) $ 25,000 Covered Risk 18. 1% of Policy Amount or $ 2,500 (whichever is less) $ 5,000 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6.1-87) EXCLUSIONS In addition to the Exceptions to Schedule B, you we rot nsurad against loss, costs, attorneys' fees, and expenses resulting from 1 Govemnartal police paver, and the existence a violation of any law or government regulation. This includes building ancizoning ordinances and also laws and regulations concerning land use improvements on the land land division environmental protection This exclusion does not apply to violations a the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage descrbed in Items 12 and 13 of Covered Title Risks. 2. The right to ice the lard by condemning it, unless a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you it you bought the land without knowng of the taking 3. Title Risks: that are created, allowed, a agreed to by you that are known to you, but riot to us, on the Policy Date — unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date — this does riot limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right to any land outside the area specifically described and referred to in Item 3 of Schedule A OR in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. ALTA LOAN POLICY (10-17 -92) NTH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE i�i'�e ORDER NO 40801648 -40 1. (a) Any law, ordi ante a governmental regulation including bul not limited to baking and zoning laws, ordinances. or regulations) resinctirg . regulating, prohibiting a relating to () the occupancy . use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now a hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions a area of the land or any parcel of which the land is a was a part; or (rv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien a encumbrance resulting from a violation a alleged violation affecting the land has been recorded in the public records at Dale of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise Dared a a notice of a defect, lien a encumbrance resulting from a violation a alleged violation affecting the lard has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereef has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, keri encumbrances, adverse clams or other matters (a) created, suffered, assumed or agreed to by the insured clamant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured clamant and not disclosed in writing to the Company by the insured claimant prior to the dale the insured claimant became an insured under this policy, (c) restating in no loss or damage to the insured claimant (d) attaching a created subsequent to Date of Policy (except to the extent that this policy insures the priority of the Ian of the insured mortgage over any statutory lien for services, labor a material or to the extent insurance is afforded herein as to assessments for street improvements under construction a completed at Date of Policy). or (e) resulting in loss or damage which would not have been sustained if the insured claimant had pall value fa the insured mortgage. 4. Unedorceability of the lien of the insured mortgage because of the inability or failure of the insured a Date of Policy, a the inability or faikure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Imvaldty a unerdaceability of the hen of the insured mortgage, a clam thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer creufd protection or truth in lending law 6. Any statutory lien fa services, labor a materials (a the claim of priority of any statutory lien for services. labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in Wide or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any clam, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, a similar creditors' rights laws, that is based on () the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent trarsfm w (i) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine a equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to limey record the instrument of transfer: a (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss a damage (and the Company will not pay costs, attorneys' fees or expenses) which arse by reason of: 1. Taxes or assessments which are not shown as ebsbng liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a pubic agony which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or Mich may be asserted by person in possession thereof . 3. Easements, liens a encumbrances, or clams thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims, (b) reservations a exceptiors in patents or in Ads authorizing the issuance thereof, (c) water rights, claims a title to wets, whether a not the maters excepted under (a). (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06/17106) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy. and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 3 of 6 ORDER NO 40801648 -40 (a) Any law, ordinance permit. a governmental regulation (including those relating to building and zoning) restricting regulating prohibiting, a relating to (i the occupancy. use, or enjoyment of the Land (k) the character , dmenswns, or location of any improvement erected on the Land, (iii) the subdivision of land. or (iv) environmental protection: or the effect of any violation of these laws, ordinances, a governmental regulations. This Exclusion 1(a) does not modify a limit the coverage provided under Covered Risk 5. (b) Any governmental police parer. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded in the Public Records a( Date of Policy. but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant :. (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11. 13. or 14), or (e) resulting in loss a damage that would not have been sustained d the Insured Claimant had paid value for the Insured Mortgage. 4. Unentaceffiility of the lien of the Insured Mortgage because of the inability a failure of an Insured to comply with applicable dangbusiness laws of the state whore the Lard is situated. 5. Invalidity or umerdorceabildy in whole or in part of the lien of the Insured Mortgage that wises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or WNri4ending law 6. Any claim. by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer. or (b) a preferential t a s(er for any reason roc( stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental aufiority, and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exckmn does not modify or limit the coverage provided under Covered Risk 11(b)_ The above policy form may be issued to afford either Standard Coverage a Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does rot insure against loss or damage (arid the Company will not pay costs, attorneys' fees a expenses) that arise by reason ot 1. (a) Taxes a assessments that are not shown as existing liens by die records of any taxing authonly that levies taxes or assessments on real property a by the Public Records. (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or rat shave by the records of such agency or by the Public Records. 2. Any fads, rights, interest or claims that are not show by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance effecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (a) Urpatented mining clams, (b) reservations or exceptions In patents or in Ads au 1xinzing the issuance thereof, (c) water rights, claims or title to waiter. whether or not the matters excepted under (a). (b), or (c) are shown by the Public ALTA OWNER'S POLICY (10117192) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will riot pay less or damage, costs. attoneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance a governmental regulation (including but not limited to building and zoning laws, ordinances, a regulations) restricting, regulahrg, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land (i) the character , dimensions a location of any improvement now or hereafter erected on the land, (ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pat or (rv) environmental prdectili or the effect of any violation of these laws, ordinances or govermental regulations, except to the exterA that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the lard has been recorded in the public records at Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a doted, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 4 of 6 ORDER NO 40801648 -40 Defects, liens. encumbrances. adverse claims or other matters : (a) created, suffered, assumed or agreed to by the insured claimant (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in wiling to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy. (c) resulting in no loss a damage to the insured claimant. (d) attaching or created subsequent to Date of Policy. or (e) resulting in loss a damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy Arty claim, which wises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, a similar creditors' rights laws, that is based on 0i the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance a fraudulent transfer. a (n) the transaction creating the estate or tkeresf insured by this policy being deemed a preferential transfer except where the peferential transfer results from the failure . (a) to timely record the instrument of transfer or (b) of such retardation to impart notice to a purchaser fa value a a judgement or lien creditor The above policy form may be issued to afford either Standard Coverage a Extended Coverage. In addition to the above Excisions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exception from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss a damage (and the Canpany will not pay costs, ahaneys' fees a expenses) which arise by reason of 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes a assessments on reel property or by the public records. Proceedings by a public agency which may result in taxes or assessments, a notices of such proceedings, whether a not shown by the records of such agency or by the public records. 2 Ary facts, rights, interests or claims which are not sham by the public records but Mich could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof . 3. Easements, liens a encumbrances, or claims thereof, which are not shown by the public wads. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, a any other fads which a correct survey would disclose, and which we not sham by the public records. 5. (a) Un patented mining claims, (b) reservations a exceptions in patents a in Acts authorizing the issuance thereof, (c) water rights. claims a title to Met, whether or not the matters excepted under (a), (b) or (c) ar e shove by the public records. 2006 ALTA OWNER'S POLICY (06117106) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company unit not pay loss a damage, costs, attorneys' fees, or expenses that arise by reason of 1. (a) Arty law, ordinance, permit, a governmental regulation (including those relating to building and zoning) restricting, regulating prohibiting, a relating to (i) the occupancy, use, a enjoyment of the Land, (i) the character or location of any improvement erected on the Land. (iii) the subdivision of land, or (iv) envroaoental protection . or the effect of any violation of these laws, advances, a governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemme tal police power . This Exclusion 1(b) does not modify or limit the coverage provided under-Covered Risk 6. 2. Rights d eminent domain. This Exclusion does not modify a limit the coverage provided under Covered Risk 7 a 8. 3. Defects, liens, encumbrances, adverse clams, a other matters (a) created, suffered, assumed, or agreed to by the Insured Clamant (b) not Known to the Company, riot recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Clamant prior to the date the Insured Clamant became an Insured under this policy (c) resulting in no loss or damage to the Insured Clamant, (d) attaching or created subsequent to Date of Policy Qlw,ever, this does not modify a limit the coverage provided under Covered Risk 9 and 10), or (e) resulting in less or damage that would not have been sustained t the Insured Claimant had paid value for the Title. Arty clam, by reason of the operation of federal bankruptcy, state insolvency, or similar credtors'rights jaws, that the transaction vesting the Tide as shown in Schedule A. is (a) a fraudulent conveyance a fraudulent transfer or (b) a preferential transfer for arry reason not stated in Covered Risk 9 of this policy. 5 of 6 5. Any lien on the Title for real estate taxes a assessments imposed by governmental authority and created a attaching between Date of Policy and the dale of recording of the deed or other instrument of transfer in the Pubic Records that vests The as shorn in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage. EXCEPTIONS FROM COVERAGE This policy does not insure against loss a damage (arid the Company will not pay costs, adorneys' fees or expenses) that arise by reason d: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authafy that levies taxes or assessments on reel property or by the Public Records, (b) proceedings by a public agency that may result in taxes or assessments, a notices of such proceedings, whether or not shovm by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land a that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Urpatenled mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or Idle to water. whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10.13-01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, atlorneys fees or expenses which arse by reason of 1. (a) Arry law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, a regulations) restricting, regulating, prohibiting a relating to (i) the occupancy, use. or ertjoymem of the Land, (n) the character, dimensions or location of arry improvement now or hereafter erected on the Lard: (uu) a separation in ownership or a change in the dimensions a areas of the Land or any parcel of which the Lard is or was a part or (iv) environmental protection, a the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that s notice of the enforcement thereof or a notice of a defect, ken or encumbrance resulting from a violation a alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resul5ng from a violation or alleged violation affectirg the Land has been recorded in the Public Records atDate of Policy. This exclusion does not kind the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of emnem domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but rot excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the ruts of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters : (a) created, suffered, assumed or agreed to by the Insured Claimant (b) nit Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant pnor to the date the Insured Claimant became an Insured under this policy, (c) resulting In no loss or damage to the Insured Claimant (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26), a (e) resuitng n kas or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage 4. Unenfaceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Dale of Policy, a the inability a failure of any subsequaf owner of the indebtedness, to campy with applicable doing business laws of the state in which the Lard is situated. 5. Invalidity or unemorceabikty of the ken of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provxled in Covered Risk 27, a arry consumer credit protection a truth in lending law. 6. Real property taxes or assessments of any governmental authority which became a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7 Any claim of invalidity, une forceabildy or lack of priority of the lien of the Insured Mortgage as to advances a mo di catuas made after the I insured has Knowledge that the veslee shown in Schedule A is no longer the owner of the estate or interest covered by this policy . This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority d the ken of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over tiers. encumbrances and other matters affecting the title, the existence of which are Known to the Insured at (a) The time of the advance: or (b) The time a modification is made to the terms of the Insured Mortgage which charges the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification . This exclusion does not limit the coverage provided in Covered Risk 8. 6 of 6 UNITED TITLE COMPANY 8880 RIO SAN DIEGO DRIVE, SUITE 100 SAN DIEGO, CA 92108 DATE: MARCH 31, 2008 RE: YOUR NO. : OUR NO. : 40801648 WHEN REPLYING PLEASE CONTACT: UNITED TITLE COMPANY 8880 RIO SAN DIEGO DRIVE, SUITE 100 SAN DIEGO, CA 92108 (800) 424 -8821 (619) 542 -7185 FAX fie SUPPLEMENTAL REPORT !�7_VY�i�71C�iI77i'ui zloi.wxl f mo. THE ABOVE NUMBERED REPORT DATED MARCH 20, 2008 (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND /OR SUPPLEMENTED IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF THE ALTA LOAN POLICY OF TITLE INSURANCE WHICH WILL BE AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (6/17/06) FORM UNLESS OTHERWISE REQUESTED: 15. 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. 16. THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS 1566 RUBENSTEIN AVENUE (CARDIFF AREA) ENCINITAS CA. 17. THE ONLY CONVEYANCES AFFECTING SAID LAND, WHICH RECORDED WITHIN TWENTY -FOUR (24) MONTHS OF THE DATE OF THIS REPORT, ARE AS FOLLOWS: GRANTOR: CLAUDE E. FENNER AND RUTH E. FENNER, TRUSTEES OF THE FENNER 2005 TRUST DATED SEPTEMBER 9, 2005. GRANTEE: MARK D. BOBO AND KRISTY R. BOBO, HUSBAND AND WIFE, AS JOINT TENANTS RECORDED: NOVEMBER 30, 2007 AS DOCUMENT NO. 2007- 0746432, OF OFFICIAL RECORDS. ORDER NO 40801648 -40 The failure of the residential structure, or any portion dweof to have been constructed before, on a after Date of Policy in accordance vAh applicable building codes. This exclusion does rd apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. 7 of 6 Ahl UNITED TITLE COMPANY ' 8880 Rio San Diego Drive, Suite 100 / San Diego, CA 92108 TEL: (619) 497 -0800, FAX: (619) 542 -7185 THE ONLY CONVEYANCES AFFECTING SAID LAND, WHICH TWENTY -FOUR (24) MONTHS OF THE DATE OF THIS REPORT, RECORDED WITHIN ARE AS FOLLOWS: GRANTOR: MARK D. BOBO AND KRISTY R. BOBO, HUSBAND AND WIFE GRANTEE: MARK D. BOBO, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, AS TO UNDIVIDED 86% INTEREST AND KRISTY R. BOBO, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY AS TO UNDIVIDED 146 INTEREST, AS TENANTS IN COMMON. RECORDED: DECEMBER 3, 2007 AS DOCUMENT NO. 2007- 0749591, OF OFFICIAL RECORDS. Mike West MIKE WEST TITLE OFFICER 2 of 6 UNITED TITLE COMPANY 8880 RIO SAN DIEGO DRIVE, SUITE 100 SAN DIEGO, CA 92108 MARK D. BOBO KRISTY R. BOBO 1566 RUBENSTEIN AVENUE (CARDIFF AREA) ENCINITAS, CA RE: 1566 RUBENSTEIN AVENUE (CARDIFF AREA) ENCINITAS ORDER NO. 40801648 -40 DEAR OWNER(S): THE STAFF AND MANAGEMENT OF UNITED TITLE COMPANY WOULD LIKE TO THANK YOU FOR SELECTING OUR OFFICE TO PROVIDE THE TITLE INSURANCE POLICY FOR YOUR CURRENT REAL ESTATE SALE OR REFINANCE TRANSACTION. A PRELIMINARY REPORT IS BEING PREPARED AND WILL BE USED BY YOUR ESCROW HOLDER (AND LENDER, IF ONE IS INVOLVED) TO FACILITATE YOUR TRANSACTION. SHOULD YOU, AS THE PROPERTY OWNER, HAVE NO AWARENESS OF THIS SALE OR REFINANCE TRANSACTION, PLEASE CALL THE UNDERSIGNED AS SOON AS POSSIBLE. AS AN ADDITIONAL MATTER, WE WOULD LIKE TO POINT OUT THAT A COPY OF OUR PRIVACY POLICY NOTICE IN COMPLIANCE WITH THE REQUIREMENT OF THE GRAMM- LEACH- BLILEY ACT IS ENCLOSED. SINCERELY, M i ke West MIKE WEST TITLE OFFICER (800) 424 -8821 (619) 542 -7185 FAX United Capital Title Insarance Company, United Title Compan First California Title Company, Land Title of Nevada, Inc., United Title Agency, 1071 Exchangepoint, Inc. Privacy Policy Notice We are committed to safeguarding customer information; When we request information from you or about you, it is for our own legitimate business purposes and not for the benefit of any unaffiliated party; We use personal consumer information only for legitimate business purposes in a manner consistent with title insurance and escrow practices in compliance with applicable laws and regulations; We will obey the laws governing the collection, use, and dissemination of personal data; and We will endeavor to educate our employees on the responsible collection and use of personal information. PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally requires a financial institution (which term includes title insurers, underwritten title companies and those providing real estate settlement services) to disclose to all its customers the privacy policies and practices with respect to information sharing of consumer nonpublic personal information with both affiliates and non - affiliated third parties. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of United Capital Title Insurance Company, United Title Company, Fast California Title Company, Land Title of Nevada, Inc., United Title Agency, and 1031 Exchangepoint, Inc. This disclosure does not apply to business, comarrereial or agricuhural transactions. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent, lender, surveyor or appraiser. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We ma disclose any of the above information that we collect about our customers or former customers to our affiliates or to non - affiliated third parties as permitted by law. This includes, but is not limited to, a title plant operated by Property Insight. In order to effect, administer and enforce the title insurance transaction, and in order to protect against actual or potential fraud, unauthorized transactions, claims or other liability, information related to the issuance of the title policy, its amount and the exceptions to coverage therein, is provided to non - affiliated title plants which house not only land title public records and information regarding the physical characteristics of the property, but also information regarding the issuance of this and other title policies and title exceptions therem. The title plant information is available for the use of all licensed title insurance companies or underwritten title companies participating in the title plant and doing business in the county in which the property is located. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. Memo To: Angela Simon, Engineering From: James Knowlton, Geotechnical Consultant Date: 3/25/2008 Re: Review of Geotechnical Report, Proposed Residential Remodel and Addition, 1566 Rubenstein, Encinitas(Cardiff -by- the -Sea), California In response to your request, I have reviewed the following report: "Report of Limited Geotechnical Investigation, Residential Remodel and Addition, 1566 Rubenstein, Cardiff -by- the -Sea, CA, by C.W. LaMonte Company, Inc., dated February 25, 2008. The purpose of my review was to determine if the subject report meets the requirements of the City of Encinitas for geotechnical reports and general standard of care for geotechnical reports. I have also visited the subject site. Based upon my review the subject report does not meet the requirements of the City of Encinitas and there are additional items that need to be addressed/submitted before approval: 1. The subject report needs to signed by both a Registered Civil Engineer (RCE) or Geotechnical Engineer (GE) and a Certified Engineering Geologist (CEG). 2. The subject report needs a geology section and a discussion of geotechnical hazards. 3. A cross - section should be drawn depicting the subsurface conditions. 4. A subsurface investigation section should be written describing what was done and how samples were taken. 5. The subject report was performed prior to the preparation of a grading plan. A grading plan is required and will be submitted for this site. The geotechnical consultant needs to prepare a grading plan review report and provide specific grading recommendations for the proposed grading. The subsurface information, test pits, geologic mapping and cross- sections should be shown on the proposed grading plan and included as part of the revised report. 6. Please provide criteria for the determination of an acceptable removal bottom, in terms of density, moisture and/or degree of saturation. • Page 1 C. W. La Monte Company Inc. Soil and Foundation Engineers 4350 PALM AVENUE, SUITE 25 • LA MESA, CALIFORNIA 91941 Phone: (619) 462 -9861 • Fax: (619) 462 -9859 February 26, 2008 (Revised April 11, 2008) Job No. 08-5505 -- - -- PUG TO: Mr. Mark Bobo 2367 Manchester Ave. #B Cardiff -by- the -Sea, CA 92007 SUBJECT: REPORT OF LIMITED GEOTECHNICAL INVESTIGATION (Revised Report) Residential Remodel and Addition 1566 Rubenstein Avenue Cardiff -bv- the -Sea, CA 92007 Reference: Grading Plans for: 1566 Rubenstein Avenue, Cardiff-by-the-Sea, California, by RP ENGINEERS, INC., March 18, 2008 In accordance with your request, we have performed a geotechnical investigation for the proposed residential remodel and addition. We are presenting herein our findings and recommendations. In general, we found the site to be suitable for the proposed project provided that the recommendations contained herein are adhered to. If you should have any questions after reviewing this report, please do not hesitate to contact our office. This opportunity to be of professional service is sincerely appreciated- Respectfully submitted, C.W. La Monte Company Inc. Clifford W. La Monte, R.C.E. 25241, G.E. 0495 el �Zlw Jerry Redolfi, Project Geologist F� !131109 9'�f, �i� 'fit �i N0. 4% m e , *A C. W. La Monte Company Inc. Soil and Foundation Engineers Report of Limited Geotechnical Investigation Residential Remodel and Addition 1566 Rubenstein Cardiff -by- the -Sea, CA 92007 A.P.N. 260-08318 JOB NO. 08 5505 February 25, 2008 (Revised April 11, 2008) Prepared for: Mr. Mark Bobo 2367 Manchester Ave. #B Cardiff -by- the -Sea, CA 92007 4350 Palm Avenue, Suite 25 ♦ La Mesa, CA 91941 Phone: 6191162 -9861 ♦ Fax: 619 462 -9859 TABLE OF CONTENTS PROJECTDESCRIPT ION .............................................................................. ..............................1 SCOPEOF WORK ......................................................................................... ............................... 2 FINDINGS...................................................................................................... ............................... 3 SiteDescription .............................................................................................. ............................... 3 Description of Site Geology and Subsurface Soil Conditions ................. ............................... 3 GroundWater ................................................................................................. ..............................4 TECTONICSETTING .................................................................................. .._............................ 4 SEISMIC DESIGN PARAMETERS ............................................................. ...................._.......... 5 GroundMotions ............................... _ ................................................................................... 6 GEOLOGICHAZARDS ................................................................................ ............................... 7 CONCLUSIONS............................................................................................ ............................... 8 RECOMMENDATIONS............................................................................... ............................... 9 EarthWork and Grading .............................................................................. ............................... 9 General..................................................................................................... ............................... 9 FillSuitability .......................................................................................... ............................... 9 Observationof Grading ......................................................................... ............................... 9 Clearingand Grubbing .......................................................................... ............................... 9 Site Preparation and Grading ............................................................... .............................10 Excavation Characteristics .................................................................... .............................10 Compaction and Method of Filling ..................................................... .............................11 TemporaryCut Slopes .................................................................................. .............................11 SurfaceDrainage .................................................................................... .............................12 ErosionControl ....................................................................................... .............................12 Foundations.................................................................................................... .............................12 General..................................................................................................... .............................12 Dimensions and Embedment ............................................................... .............................12 SoilBearing Value ................................................................................. ...................._........13 LateralLoad Resistance ......................................................................... .............................13 Foundation Reinforcement ................................................................... .............................14 Anticipated Settlements ........................................................................ .............................14 Foundation Excavation Observation ................................................... .............................14 ConcreteSlabs -on- grade ............................................................................... .............................14 General.............................................. _ ...................................................... ........... ............... 14 SlabReinforcement ................................................................................ .............................14 Interior Slab Curing Time ..................................................................... .............................15 Design Parameters for Earth Retaining Structures ................................... .............................15 Active Pressure for Unrestrained Retaining Walls ............................ .............................15 PassivePressure ..................................................................................... .............................15 Retaining Wall Foundations ................................................................. .............................15 Backfill..................................................................................................... .............................15 FIELD INVESTIGATION ............................................................................. .............................16 LABORATORY TESTS AND SOIL INFORMATI ON .............................. .............................16 CONSTRUCTION NOTES ......................................................................... ...................._........17 LIMITATIONS.............................................................................................. ...................._........17 REPORT OF LIMITED GEOTECHNICAL INVESTIGATION (Revised Report) Residential Remodel and Addition 1566 Rubenstein Cardiff, CA 92007 A.P.N. 260 4)83-18 PROJECT DESCRIPTION The following report presents the results of a limited geotechnical investigation performed for the proposed residential addition project. The property consists of a developed residential lot located at 1566 Rubenstein Avenue in the community of Cardiff -by- the -Sea, City of Encinitas, County of San Diego. Figure Number 1 (attached) provides a vicinity map showing the approximate location of the property. The property is trapezoidal- shaped and is approximately 8400 square feet in area. The lot is presently occupied with a one -story single family residence with a detached garage. It is our understanding a one -story lateral addition will extend from the rear (west) side of the existing structure. Also a small addition will project from the front, northeast corner of the structure. The front end of the existing garage will be removed. The garage will also be expanded to the west and incorporated into the new construction. The proposed additions will be one story in height and will be founded on conventional shallow spread footings with slab-on -grade floors. The proposed additions will be constructed at or near the existing grade. Proposed grading will consist of cuts and fills of less than 5 feet. To aid in the preparation of this report, we were provided with an electronic copy of Grading Plans for: 1566 Rubenstein Avenue, Cardiff -by -the -Sea, California, by RP ENGINEERS, INC., dated November 2007. This plan was used as the basis for our Plot Plan preparation and mapping and is included herewith as Figure Number 2. This report has been prepared for the exclusive use of the stated client and his design consultants for specific application to the project described herein. Should the project be changed in any way, the modified plans should be submitted to G W. La Monte Company, Inc. for review to determine their conformance with our recommendations and to determine if any additional subsurface investigation, laboratory testing and /or recommendations are necessary. Our professional services have been performed, our findings obtained and our recommendations prepared in accordance with generally accepted engineering principles and practices. This warranty is in lieu of all other warranties, expressed or implied. SCOPE OF WORK The scope of this investigation was limited to: surface reconnaissance, research of readily available geotechnical literature pertinent to the site, subsurface exploration, laboratory testing, engineering and geologic analysis of the field and laboratory data and preparation of this report. More specifically, the intent of this investigation was to: • Identify the subsurface conditions of the site to the depths influenced by the proposed construction. • Based on laboratory testing and our experience with similar sites in the area, identify the engineering properties of the various strata that may influence the proposed construction, including the allowable soil bearing pressures, expansive characteristics and settlement potential. • Describe possible geotechnical factors that could have an effect on the site development. • Provide seismic design criteria, including 2001 CBC Tables 16 - J, Q R, S, T, and U, and provide mapped spectral acceleration parameters relative to the 2007 CBC and 2006 IBC. • Address potential construction difficulties that may be encountered due to soil conditions, groundwater, and provide recommendations concerning these problems. • Recommend an appropriate foundation system for the proposed addition and develop soil engineering design criteria for the recommended foundation designs. Present our opinions in this written report, which includes in addition to our findings and recommendations, a site plan showing the location of our subsurface explorations, logs of the test trenches and a summary of our laboratory test results. We did not evaluate the site for hazardous materials contamination. Further, we did not perform laboratory tests to evaluate the chemical characteristics of the on -site soils in regard to their potentially corrosive impact to on -grade concrete and below grade improvements. Page 2 FINDINGS Site Description The project site is located at 1566 Rubenstein Avenue in the Cardiff -by- the -Sea area of the City of Encinitas, California. The site is bounded on the west with a single family residence, on the east with Rubenstein Avenue and on the north and south with residential driveway easements. The property is trapezoidal - shaped with about 95 feet of frontage along Rubenstein Avenue. The lot is approximately 105 to 107 feet deep and about 66 feet wide in the rear. A Site Location Map is attached as Figure 1. The property currently supports a single -story, single family residence with a detached garage. A masonry retaining wall about 3.5 feet in height exist along the west property line. A pole and board retaining wall borders the southerly property line. Vegetation consists of a light growth of grass and weeds, some landscape shrubs and a few trees. Topographically, the site slopes gently to moderately to the west. An irregular fill slope about 4 feet in height is located along the west property line. A cut slope a maximum of 4 feet in height descends from Rubenstein Avenue. Elevations on the site range from a high of 171 feet Above Mean Sea Level (MSL) along Rubenstein Avenue to a low of 163 feet (MSL) along the west property line. Description of Site Geology and Subsurface Soil Conditions The site is located in the Coastal Plains Physiographic Province of San Diego County and is underlain with Quaternary-aged marine terrace deposits with associated topsoils. Also, a minor sliver fill forms a short slope at the west end of the project. The fills are undocumented and anticipated to be derived from a mixture of the below described units. The soil types are described individually below in order of increasing age. Also refer to the attached Boring Logs, Figure No. 3. A geologic cross section, Figure No. 4, is attached to depict subsurface conditions. An excerpt from a regional geologic map is included as Figure No. 5. Topsoil: The addition site is capped with about 3.0 feet of natural topsoil materials. The topsoil consists primarily of dark brown, loose to medium dense, silty sand. The topsoils are potentially compressible and we therefore recommend mitigation in the form of remedial grading or deepened foundations. Old Paralic Deposits (Qop): The topsoils are underlain with competent, old paralic deposits. The encountered paralic materials consist primarily of red- Page 3 brown to light brown, medium dense to dense, massively bedded, slightly silty sand. According to a review of Digital Geologic Map Of The Oceanside 30' X 60' Quadrangle, Southern California ( Kennedy -Tan) and area geologic hazard maps the geologic structure in the area is neutral to favorable with bedding attitudes typically dipping less than 5 degrees. Ground Water No groundwater was encountered in our test excavations at the time of our investigation. However, it should be kept in mind, that any required grading operations might change surface drainage patterns and /or reduce permeability due to the densification of compacted soils. Such changes of surface and subsurface hydrologic conditions, plus irrigation of landscaping or significant increases in rainfall, may result in the appearance of surface or near - surface water at locations where none existed previously. The damage from such water is expected to be minor and cosmetic in nature, only if good positive drainage is implemented at the completion of construction. Corrective action should be taken on a site - specific basis if, and when, it becomes necessary. TECTONIC SETTING No major faults are known to traverse the subject site but it should be noted that much of Southern California, including the San Diego County area are characterized by a series of active fault zones that generally strike in a northerly to north- westerly direction. According to the criteria of the California Division of Mines and Geology, active fault zones are those that have shown conclusive evidence of faulting during the Holocene Epoch (within the last 11,000 years). According to Uniform Building Code Map P -37, the active Rose Canvon Fault Zone (RCFZ) is located within 4 kilometers west of the subject site. The Elsinore fault zone is over 45 kilometers east of the property. The 1997 edition of the Uniform Building Code indicates a 6.9 would be the Maximum Magnitude Earthquake on the Rose Canyon Fault. However, current geotechnical literature indicates that a 7.2 magnitude earthquake (Tianging, et al, 2002) would be the maximum event. The current literature still classifies the Rose Canyon as Type "B" fault. The new information only impacts the softer soil profile types relative to the Uniform Building Code and therefore the information provided in the 1997 Uniform Building Code is still appropriate for the Sc type soil encountered on subject site. Other active fault zones in the region that could possibly affect the site include the Coronado Bank, San Diego Trough and San Clemente Fault Zones to the southwest and the Elsinore, Earthquake Valley, San Jacinto and San Andreas Fault Zones to the northeast. However, the Rose Canyon Fault Zone is considered the most significant Page 4 nearby fault with respect to the potential for seismically induced ground shaking (due to its closer proximity to the site). The seismic design parameters provided in the following section are based on a maximum probable earthquake on the Rose Canyon Fault Zone. According to Digital Images of Official Maps of Alquist-Prioto Earthquake Fault Zones, of California, Southern Region (DMG CD 2000 -003), by the California Department of Conservation, the site IS NOT located in or near an Alquist -Priolo Earthquake Fault Zone. SEISMIC DESIGN PARAMETERS Site - specific seismic design criteria to calculate the base shear needed for the design of the proposed structures is presented in the following table. The design criteria was obtained from the California Building Code (2001 edition) and is based on the distance to the closest active fault and soil profile classification. The nearest active fault zone is Seismic Source Type B and is mapped within 4 kilometers to the west of the project site. TABLE I Seismic Design Parameters Parameter Value Reference Seismic Zone Factor, Z 0.40 Table 16-1 Soil Profile a & Table 16-J Seismic Coefficient, G 0.40N, Table 16-Q Seismic Coefficient, G 0.56N. Table 16-R Near - Source Factor, N. 1.0 Table 16-S Near - Source Factor, N. 1.2 Table 16•T Seismic Source Type C Table 16-U If the proposed structure, however, will be designed in accordance with the 2007 CBC which incorporates by reference the 2006 IBC for seismic design, we recommend the following parameters be utilized. We have determined the mapped spectral acceleration values for the site based on a latitude of 33.0294 degrees and longitude of - 117.2847 degrees, utilizing a program titled "Seismic Hazard Curves, Response Parameters and Design Parameters- v5.0.7," provided by the USGS, which provides a solution for Section 1613 of the 2006 IBC utilizing digitized files for the Spectral Acceleration maps. In addition, we have assigned a Site Soil Classification of C. The response parameters for design are presented in the following Table. Page 5 TABLE II Mapped Spectral Acceleration Values and Design Parameters S. Si F. F� S.. Sms Sd. Sdt 1.412 0.535 1.0 1.3 1.412 0.695 0.941 0.464 Ground Motions The following information is obtained from Site Probabilistic Seismic Hazards Mapping, California Geological Survey. The values are based on the USGS /CGS Probabilistic Seismic Hazards Assessment (PSHA) Model, 2002 (revised April 20013). Ground motions (10% probability of being exceeded in 50 years) are expressed as a fraction of the acceleration due to gravity (g). Three values of ground motion are shown, peak ground acceleration (Pga), spectral acceleration (Sa) at short (0.2 second) and moderately long (1.0 second) periods. Ground motion values are also modified by the local site soil conditions. Each ground motion value is shown for 3 different site conditions: firm rock (conditions on the boundary between site categories B and C as defined by the building code), soft rock (site category C) and alluvium (site category D). We would consider soft rock to be the best match the for the subsurface site conditions. Ground Motions TABLE III Ground Motion Firm Rock Soft Rock Alluvium Pga 0.269 0.29 0.327 Sa 0.2 sec 0.636 0.689 0.786 Sa 1.0 sec 0.249 0.313 0.394 Longitude - 117.2847 Latitude 33.0294 NEHRP Soil Corrections were used to calculate Soft Rock and Alluvium Ground Motion values were interpolated from a grid (0.05 degree spacing) ofcalculated values. Interpolated ground motion may not equal values calculated_ for a specific site, therefore these values are not intended for design or analysis. Page 6 GEOLOGIC HAZARDS General: No geologic hazards of sufficient magnitude to preclude development of the site as currently proposed are known to exist. In our professional opinion and to the best of our knowledge, the site is suitable for the proposed lateral additions. Ground Shaking: A likely geologic hazard to affect the site is ground shaking resulting from movement along one of the major active fault zones mentioned above. Probable ground shaking levels at the site could range from slight to severe, depending on such factors as the magnitude of the seismic event and the distance to the epicenter. It is likely that the site will experience the effects of at least one moderate to large earthquake during the life of the proposed structure. Construction in accordance with the minimum requirements of the current building codes and local governing agencies should minimize potential damage due to seismic activity. Landslide Potential and Slope Stability: As part of this investigation we reviewed the publication, "Landslide Hazards in the Southern Part of the San Diego Metropolitan Area" by Tan and Giffen,1995. This reference is a comprehensive study that classifies San Diego County into areas of relative landslide susceptibility. The subject site is located in an area classified as 3-1. The 3-1 is a general classification assigned to areas generally susceptible to slope movement. Slopes within the 3 -1 classification are considered at or near their stability limits due to steep slopes and can be expected to fail locally when adversely modified. Sites Within this classification are located outside the boundaries of known landslides but may contain observably unstable slopes that may be underlain by weak materials and /or adverse geologic structure. It should be noted that that this reference, typically classifies most sloping terrain, (that is not underlain by landslides or landslide prone formations) within the 3 category. A review of the geologic hazards map indicates there are no known deep or suspected ancient landslides located on the site. Due to the sites gentle to moderate topography and underlying competent material, landslide hazards do not present a significant risk. Liquefaction: The materials at the site are not subject to significant liquefaction due to such factors as soil density, grain -size distribution, and groundwater conditions. Soil Expansion: The foundation level materials at the site are considered to possess a very low expansion potential. Flooding: The site is located outside the boundaries of both the 1.00 -year and the 500 -year floodplains according to the maps prepared by the Federal Emergency Management Agency. Page 7 Tsunamis and Seiches: Tsunamis are great sea waves produced by submarine earthquakes or volcanic eruptions. Seiches are periodic oscillations in large bodies of water such as lakes, harbors, bays or reservoirs. Based on the project's elevated location, the site is considered to possess a low risk potential from tsunamis or seiche activity. CONCLUSIONS In general, our findings indicate that the project site is suitable for the proposed addition, provided the recommendations presented herein are followed. The most significant geotechnical conditions that will influence site development are summarized below. • The building site is overlain with up to 3 feet of loose topsoil overlying competent terrace deposits. The topsoil materials are potentially compressible under foundation loads and require special treatment, which may include one of the following: leave the material in place and design a foundation system for low soil bearing conditions; remedial grading to recompact the loose soil; or once again, leave the material in -place and deepen footings into the competent material at depth. Any of the three options is an acceptable method of mitigation, however, remedial grading is a common method of loose soil mitigation and involves removing the loose topsoil materials within the footprint of the proposed addition and replacing the material to design grades as properly compacted fill. Refer to EARTHWORK section of this report for more detailed recommendations. The site may also be developed with minimal grading by placing the structure on a deepened foundation system. Such foundations should penetrate the loose soil section and be embedded in the competent terrace deposits at depth. The deepened footing excavation may be backfilled with a cement slurry mix to the design bottom elevation of proposed footings or backfilled with the footing concrete. Additional slab reinforcement and thickness will be required if this option is selected. Refer to FOUNDATIONS and FLOOR SLAB sections of this report for more detailed recommendations. The condition can also be mitigated by design without any other significant mitigation. However, this would require a specially designed foundation system such as a post - tensioned system. • A tree stump is located near the southwest corner area of the proposed lateral addition. It appears this stump will partially underlay the proposed structure and may encroach into the foundation alignment. Therefore the stump must Page 8 be removed and the resultant void filled with properly compacted soil or cement slurry. • The materials encountered at the site are considered "non- expansive" (very low EI). Recommendations for heaving soils are not required. RECOMMENDATIONS Earth Work and Grading General All grading should conform to the guidelines presented in the current building codes, the minimum requirements of the City of Encinitas, and the Recommended Grading Specifications and Special Provisions, Appendix "A ", attached hereto, except where specifically superseded in the text of this report. Prior to grading, a representative of C.W. La Monte Company Inc. should be present at the preconstruction meeting to provide additional grading guidelines, if necessary, and to review the earthwork schedule. Fill Suitability On -site excavated materials may be used as compacted fill material or backfill. The on -site materials consist of silty sands and are anticipated to posses a very low expansion potential. Any potential import soil sites should be evaluated and approved by the Geotechnical Consultant prior to importation. At least two working days notice of a potential import source should be given to the Geotechnical Consultant so that appropriate testing can be accomplished. The type of material considered most desirable for import is a non - detrimentally expansive granular material with some silt or clav binder. Observation of Grading Observation and testing by the soil engineer is essential during the grading operations. This allows the soil engineer to confirm the conditions anticipated by our investigation, to allow adjustments in design criteria to reflect the actual field conditions exposed, and to determine that the grading proceeds in general accordance with the recommendations contained herein. Gearing and Grubbing Site preparation should begin with the removal of the all vegetation, structures and other deleterious materials from the portion of lot that will be graded and that will receive improvements. This should include all stumps and root balls from the trees Page 9 to be removed and all significant root material. The resulting materials should be disposed of off -site. Site Preparation and Grading After clearing and grubbing, site preparation should continue with the removal all existing loose topsoil and fill material from areas that will be graded or that will support settlement- sensitive improvements. As the project is presently planned, soil removals are expected to be about 3 feet in depth, but may be thicker in localized areas. The removals should extend at least 5 feet outside the building perimeter, where possible. The loose soil shall be removed to expose firm natural ground as determined by our field representative during grading. Acceptable natural ground should be free of significant organic material and with minimal pores. The in -place density of undisturbed natural ground should be at least 87 percent of maximum density. In areas to support fill slopes, keys should be cut into the competent supporting materials. The kevs should be at least 8 feet wide, or 1.5 times the width of the compaction equipment (whichever is greater). The kev shall be sloped back into the hillside at least two- percent. The keys should extend at least one foot into the competent supporting materials. All removal areas should be approved by a representative of our office. The upper one foot of slab subgrade areas should be processed and recompacted. Excavations placed adjacent to the existing structure should be placed in alternating segments in order to minimize the potential for undermining of the existing foundation. These removal segments should not exceed 8 linear feet and should be properly backfilled before proceeding to next adjacent segment. The actual width of removal shall be determined in the field based on an evaluation of actual site conditions. Prior to placing any fill soils or constructing any new improvements, the exposed soils should be scarified to a depth of approximately 6 inches, moisture conditioned, and compacted to at least 90 percent relative compaction. Please note the above recommendation does not apply or will be significantly modified if it is opted to construct the building on a deepened foundation system that extends down to firm natural ground. However the upper one foot of pavement and floor slab subgrade areas should still be processed and recompacted to at least 95 percent relative density. Excavations Adjacent to Existing Structures Excavations placed adjacent to the existing structure should be placed in alternating segments in order to minimize the potential for undermining of the foundation. Page 10 These removal segments should not exceed 8 linear feet and should be properly backfilled before proceeding to next adjacent segment. The actual width of removal shall be verified in the field based on an evaluation of actual site conditions. The angle of the temporary slope should not exceed 0.25 to 1.0 (horizontal to vertical) and should not undermine the existing foundation. Excavation Characteristics The on -site topsoil materials will excavate with easy to moderate effort using light equipment. No significant amounts of oversize materials (greater than 12 inches) are anticipated. Due to the low cohesion of the sand material, caving could occur within temporary steep cuts. Compaction and Method of Filling .All structural fill placed at the site should be compacted to a relative compaction of at least 90 percent of its maximum dry density as determined by ASfM Laboratory Test D1557 -91 guidelines. Fills should be placed at or slightly above optimum moisture content, in lifts six to eight inches thick, with each lift compacted by mechanical means. Fills should consist of approved earth material, free of trash or debris, roots, vegetation, or other materials determined to be unsuitable by our soil technicians or project geologist. All material should be free of rocks or lumps of soil in excess of twelve inches in maximum width. However, in the upper two feet of pad grade, no rocks or lumps of soil in excess of six inches should be allowed. Utility trench backfill within five feet of the proposed structure and beneath all pavement and concrete flatwork should be compacted to a minimum of 90 percent of its maximum dry density. The upper one -foot of pavement subgrade and base material should be compacted to at least 95 percent relative density. All grading and fill placement should be performed in accordance with the local Grading Ordinance, the current building codes, and the Recommended Grading Specifications and Special Provisions attached hereto as Appendix A. Temporary Cut Slopes Based upon the results of our subsurface explorations, it is anticipated that low cohesion sands will be exposed in temporary cut slopes. As such, unshored temporary cut slopes should be excavated at a 1.0 to 1.0 (Horizontal to Vertical) slope angle. Keep in mind that actual safe slope angles will need to be determined at the time of excavation. The Geotechnical Consultant should observe temporary cut slopes during grading to ascertain that no unforeseen adverse conditions exist. No surcharge loads such as stockpiles, vehicles, etc. should be allowed within a distance from the top of temporary slopes equal to half the slope height. The contractor is solely responsible for designing and constructing stable, temporary excavations. The contractor's "responsible person ", as defined in the OSHA Page 11 Construction Standards for Excavations, 29 CFR, Part 1926, should evaluate the soil exposed in the excavations as part of the contractor's safety process. Temporary cut slopes should be constructed in accordance with the recommendations presented in this section. In no other case should slope height, slope inclination or excavation depth, including utility trench excavation depth, exceed those specified in local, state, and federal safety regulations. Surface Drainage Surface runoff into graded areas should be minimized. Where possible, drainage should be directed to suitable disposal areas via non - erodible devices such as paved swales, gunited brow ditches, and storm drains. Pad drainage should be designed to collect and direct surface water away from proposed structures and the top of slopes and toward approved drainage areas. For earth areas, a minimum gradient of one percent should be maintained. The ground around the proposed structures should be graded so that surface water flows rapidly away from buildings without ponding. In general, we recommend that the ground adjacent to units slope away at a gradient of at least two- percent. Densely vegetated areas where runoff can be impaired should have a minimum gradient of five percent within the first five feet from the structure. Erosion Control In addition, appropriate erosion - control measures shall be taken at all times during construction to prevent surface runoff waters from entering footing excavations, ponding on finished building pad or pavement areas, or running uncontrolled over the tops of newly- constructed cut or fill slopes. Appropriate Best Management Practice (BMP) erosion control devices should be provided in accordance with local and federal governing agencies. Foundations General Based on the findings of our investigation, it is our opinion the proposed structure may be supported on conventional continuous and isolated spread footings. The below Dimensions and Embedment section assumes that remedial grading is performed and all fills under the addition have been have been properly placed and recompacted. The foundations may need to be deepened if remedial grading is not performed. Dimensions and Embedment Conventional shallow foundations may be utilized in the support of the proposed structures when founded on properly recompacted fill soils. Foundations should be constructed in accordance with the recommendations of the project structural Page 12 engineer. The table provided below is derived from the 1997 Uniform Building Code, which suggests minimum foundation dimensions: TABLE IV FOUNDATION EMBEDMENT Number of Floors Width of Footing Embedment Depth Supported by (Inches) Below Undisturbed The Foundation Ground Surface Inches 1 12 12 2 15 18 3 18 24 Isolated pad footings should have a minimum width of 24 inches. We recommend a "tie beam" be constructed across garage door openings. The above embedment depths assume remedial grading is performed and no expansive soils are within four feet of finish grade elevations. Deepened foundations are required if remedial grading is not peiformed and existing subgrade conditions prevail (see below) Deepened Foundations Deepened foundations may be used in lieu of the previously described removal and recompaction grading operation. Footings supporting the structures should extend through any loose topsoil and be embedded on the competent underlying material. It is estimated the deepened foundation excavations shall extend to an approximate depth of three feet below the existing grade to reach the required embedment. The excavation may be backfilled with two -sack cement slurry poured to the design bottom elevation of the footing. The below minimum width dimensions also apply to deepened foundations. Soil Bearing Value A bearing capacity of 2000 psf may be assumed for footings when founded a minimum of 6 inches into firm natural ground, on properly compacted fill, or on a two-sack cement slurry. This bearing capacity may be increased by one - third, when considering wind and /or seismic loading. Lateral Load Resistance Lateral loads against foundations may be resisted by friction between the bottom of the footing and the supporting soil, and by the passive pressure against the footing. The coefficient of friction between concrete and soil may be considered to be 0.4. The passive resistance may be considered to be equal to an equivalent fluid weight of 250 Page 13 pounds per cubic foot. If a combination of the passive pressure and friction is used, the friction value should be reduced by one - third. Foundation Reinforcement It is recommended that continuous footings be reinforced with at least four No.4 steel bars; two reinforcing bars shall be located near the top of the foundation, and two bars near the bottom. Alternatively, two No. 5 steel bars may used; one bar near the top of the foundation and one near the bottom of the foundation. The steel reinforcement will help prevent damage due to normal, post construction settlement or heaving, resulting from variations in the subsurface soil conditions. This recommendation does not supersede reinforcement required for structural considerations. Anticipated Settlements Based on our experience with the soil types on the subject site, the soils should experience settlement in the magnitude of less than 0.5 inch under proposed structural loads. It should be recognized that minor hairline cracks normally occur in concrete slabs and foundations due to shrinkage during curing and /or redistribution of stresses and some cracks may be anticipated. Such cracks are not necessarily an indication of excessive vertical movements. Foundation Excavation Observation All foundation excavations should be observed by the Geotechnical Consultant prior to placing reinforcing steel and formwork in order to verify compliance with the foundation recommendations presented herein. All footing excavations should be excavated neat, level and square. All loose or unsuitable material should be removed prior to the placement of concrete. Concrete Slabs- on -erade General Concrete floor slabs, if used shall be a minimum thickness of four inches and shall be underlain by two inches of clean, washed sand overlying 10 mil Visqueen (or equivalent), overlying an additional two inches of clean sand or pea gravel. Slab Reinforcement The floor slabs should be reinforced with at least No. 3 bars placed at 18 inches on center each way. This recommendation assumes remedial selective grading is performed. However, if deepening footings are used instead of remedial grading uv Page 14 recommend the slab reinforcement be upgraded to No. 4 steel bars. Slab reinforcing should be supported by chairs and be positioned at mid - height in the floor slab. Interior Slab Curing Time Following placement of concrete floor slabs, sufficient drying time must be allowed prior to placement of floor coverings. Premature placement of floor coverings may result in degradation of adhesive materials and loosening of the finish floor materials. Prior to installation, standardized testing can be performed to determine if the slab moisture emissions are within the limits recommended by the manufacturer of the specified floor - covering product. Design Parameters for Earth Retaining Structures Active Pressure for Unrestrained Retaining Walls The active soil pressure for the design of unrestrained earth retaining structures with level backfill may be assumed to be equivalent to the pressure of a fluid weighing 30 pounds per cubic foot. This pressure does not consider any other surcharge. If any are anticipated, this office should be contacted for the necessary increase in soil pressure. These values assume a drained backfill condition using typical on -site material. Passive Pressure The passive pressure for the prevailing soil conditions may be considered to be 250 pounds per square foot per foot of depth. This pressure may be increased one -third for seismic loading. The coefficient of friction for concrete to soil may be assumed to be 0.4 for the resistance to lateral movement. When combining frictional and passive resistance, the friction should be reduced by one - third. The upper 12 inches of exterior retaining wall footings should not be included in passive pressure calculations where abutted by landscaped areas. Retaining Wall Foundations Retaining walls associated with the structure should be supported iiv foundations with the minimum dimensions as recommended in the "Foundations/ Dimensions and Embedment' section of this report. Backfill All backfill soils should be compacted to at least 90% relative compaction. Expansive or clayey soils should not be used for backfill material. The wall should not be backfilled until the masonry has reached an adequate strength. Page 15 FIELD INVESTIGATION A total of three test explorations were placed on the lot, using a manually operated 4- inch diameter angering system. The excavations were placed specifically in areas where representative soil conditions were expected and /or where the proposed structures will be located. Our investigation also included a visual site reconnaissance included cut slopes and natural exposures. The excavations were visually inspected and logged by our field geologist, and samples were taken of the predominant soils throughout the field operation. Test excavation logs have been prepared on the basis of our inspection and the results have been summarized on Figures No. 3 A and B. The predominant soils have been classified in conformance with the Unified Soil Classification System (refer to Appendix B). In addition, a verbal textural description, the wet color, the apparent moisture and the density or consistency are provided. The density of granular soils is given as very loose, loose, medium dense, dense or very dense. The density of cohesive soils is given as either very soft, soft, medium stiff, stiff, very stiff, and hard. Disturbed and relatively undisturbed samples of typical and representative soils were obtained from the test borings and transported to the laboratory for testing. The undisturbed samples were obtained by driving a 2 -3/8 inch ID split -tube sampler ahead of the auger using a 40 pound weight free falling a distance of 18 inches. LABORATORY TESTS AND SOIL INFORMATION Laboratory tests were performed in accordance with the generally accepted American Society for Testing and Materials (ASTM) test methods or suggested procedures. A brief description of the tests and evaluations performed is presented below: CLASSIFICATION: Field classifications were verified in the laboratory by visual examination. The final soil classifications are in accordance with the Unified Soil Classification System. MOISTURE - DENSITY: In -place moisture contents and dry densities were determined for representative soil samples. This information was an aid to classification and permitted recognition of variations in material consistency with depth. The dry unit weight is determined in pounds per cubic foot, and the in -place moisture content is determined as a percentage of the soil's dry weight. The results are summarized in the test excavation logs. MAXIMUM DRY DENSITY - OPTIMIUM MOISTURE: The maximum dry density and optimum moisture content of a typical soil were determined in the laboratory in Page 16 accordance with ASTM Standard Test D -1557, Method A. The results of this test are presented below. Sample Location B -1 ® 1' -2' Sample Description Dark brown, silty sand (SM) Maximum Density 125 pcf Optimum Moisture 9.0% EXPANSION INDEX: The expansion potential of the on -site soils was visually and texturally determined to be non - expansive based on the UBC Expansion Index Test classification method. CONSTRUCTION NOTES It is the responsibility of the Owner and /or Contractor to ensure that the recommendations summarized in this report are carried out in the field operations. This firm does not practice or consult in the field of safety engineering. Excavations for proposed underpinning might be excavated manually, which will require specialized safety considerations. Our firm will not be responsible for the safety of personnel other than our own on the site; the safety of others is the responsibility of the Owner and Contractor. The Contractor should notify the Owner if he considers any of the recommended actions presented herein to be unsafe. LIMITATIONS The recommendations presented in this report are contingent upon our review of final plans and specifications. Such plans and specifications should be made available to the Geotechnical Engineer and Engineering Geologist so that they may review and verify their compliance with this report and with Appendix Chapter 33 of the Uniform Building Code. It is recommended that C.W. La Monte Company Inc. be retained to provide soil engineering services during the construction operations. This is to verify compliance with the design concepts, specifications or recommendations and to allow design changes in the event that subsurface conditions differ from those anticipated prior to start of construction. The recommendations and opinions expressed in this report reflect our best estimate of the project requirements based on an evaluation of the subsurface soil conditions encountered at the subsurface exploration locations and on the assumption that the soil conditions do not deviate appreciably from those encountered. It should be recognized that the performance of the foundations and /or cut and fill slopes may be influenced by undisclosed or unforeseen variations in the soil conditions that may occur in the intermediate and unexplored areas. Any unusual conditions not covered in this report that may be encountered during site development should be brought to Page 17 the attention of the Geotechnical Engineer so that he may make modifications if necessary. This office should be advised of any changes in the project scope or proposed site grading so that we may determine if the recommendations contained herein are appropriate. It should be verified in writing if the recommendations are found to be appropriate for the proposed changes or our recommendations should be modified by a written addendum. The findings of this report are valid as of this date. Changes in the condition of a property can occur, however, with the passage of time, whether they are due to natural processes or the work of man on this or adjacent properties. In addition, changes in the Standards -of- Practice and /or Government Codes may occur. Due to such changes, the findings of this report may be invalidated wholly or in part by changes beyond our control. Therefore, this report should not be relied upon after a period of two years without a review by us verifying the suitability of the conclusions and recommendations. In the performance of our professional services, we comply with that level of care and skill ordinarily exercised by members of our profession currently practicing under similar conditions and in the same locality. The client recognizes that subsurface conditions may vary from those encountered at the locations where our borings, surveys, and explorations are made, and that our data, interpretations, and recommendations are based solely on the information obtained by us. We will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretations by others of the information developed. Our services consist of professional consultation and observation only, and no warranty of any kind whatsoever, express or implied, is made or intended in connection with the work performed or to be performed by us, or by our proposal for consulting or other services, or by our furnishing of oral or written reports or findings. It is the responsibility of the stated client or their representatives to ensure that the information and recommendations contained herein are brought to the attention of the structural engineer and architect for the project and incorporated into the project's plans and specifications. It is further their responsibility to take the necessary measures to insure that the contractor and his subcontractors carry out such recommendations during construction. The firm of C.W. La Monte Co. Inc. shall not be held responsible for changes to the physical condition of the property, such as addition of fill soils or changing drainage patterns, which occur subsequent to the issuance of this report. Page 18 Table I Table 11 Table M Table IV FIGURES Figure No. 1 Figure No. 2 Figure No. 3a -3b Figure 4 Figure 5 APPENDICIES TABLES Seismic Design Parameters Page. 5 Mapped Spectral Acceleration Values and Design Parameters Page. 5 Ground Motions Page.6 Foundation Embedment Page. 12 ATTACHMENTS Site Location Map Plot Plan Test Excavation Logs Geologic Cross Section Geologic Map Excerpt Appendix "A "- Standard Grading Specifications Appendix "B"- Unified Soil Classification Chart AS i - : t �` • . - �^ �,,�' Jam_ �. c be REQUEZA 1 Raj .'��.� •Y�.: f4LL 4 fl.t.yai r x t �i L - — Fl1,. -- h ■' � pan Dieytu aih l�t t'' wlt�o all {�\ �. ,I 11` r, 11 a T? ` •. . �.. - IDOWT 41'-- ♦ .l' \. Sea Cht +r/�' ��.• - ,., He Gl County °ar► , 3 ^ ' `- ,r ?' ptr l .. ilf• �Sta� TN (M17 131%,` 10w 0 1000 2000 3000 40PJ FEET PnntedfromT-DP X199 7Wi4- lflower Productions (wAw- topa, -rjm) C.W. LA MONTE COMPANY, INC. Soil and Foundation Engineers Remodel Project: 1566 Rubenstein Cardiff, CA f Job No. 08 -5505 I FYgure 1 \ 1 SITE PLAN - 1 Approximate Scale d 1" - 20' liA 0 QOP 0 w •at APpro ' to Location of Test Bo brig B 1 ,0 /qop / A' po d Fill Slope Tff i beol 'c Units \ " °" """ „.• Qaf = Artificial Fill APN 260 - 083 -06 \ Qop = Old Paralic Deposits e xisting Fill/ ! Residential Remodel and Addition ! Pr+OjeCtt. 1566 Rubenstein C. W. LA MONTE COMPANY INC. Cardiff, CA Soil and Foundation Engineers Job No. 086605 D4gun Z v AMPLE TYPE d 03 Test Boring No. B -1 00 a+ x y Elevation* N/A Data: 0225N8 Excavation Method: Hand Auger SOIL DESCRIPTION -�� Togsoil i SM Dark reddish brown to brown, very moist to wet, loose to medium dense, silty sand 2 3 Terrace Devosits (Ot) SM Reddish brown to orange brown, very moist, medium dense to dense, SP slightly silty sand 5 6 0 6' becomes dense, light brown 7 Lxcavation Bottom 8 9 AMPLE tv M TYPI °oo Test Boring No. B - 2 7. in Elevation* NIA Date: 0225108 Excavation Method :Hand Auger SOIL DESCRIPTION 0 ToRsoil 1 SM Dark reddish brown to brown, very moist to wet, loose to medium dense, 2 silty sand 3 Terrace Deposits (00 4 Sty Reddish brown to orange brown, very moist, medium dense to dense, SP slightly silty sand 5 0 4.5' becomes slightly moist 6 @ 6' becomes light brown, dense 7 Excavation Bottom 8 Remodel C.W. LA MONTE COMPANY Project: 1566 Rubenstein Cardiff, CA Soil and Foundation Engineers Job No. 08-5505 Figure No. 3, AMPLE 'n t7 TYPE o n3 Test Boring No. B - 3 00 C F.levatiord N/A r, Z Date: 0225/00 Excavation Method: hand Auger SOIL DESCRIPTION Topsoil 1 SM Dark reddish brown to brown, very moist to wet, loose to medium dense, silty sand 2 3 Terrace Deposits (Qt) 4 SM Reddish brown to orange brown, very moist, medium dense to dense, SP slightly silty sand ® 49' becomes slightly moist 6 (a) B becomes light brown, dense 7 Excavation Bottom 8 9 'AMPLE TYPE d oo Test Boring No. .y s r � " Z � In Elevatiotd Uate: Emavadon Metfind SOIL DESCRIPTION 1 2 3 4 5 6 7 8 Remodel Project 1566 Rubenstein C. W. LA MONTE COMPANY Cardiff, CA Soil and Foundation Engiwers job Nu. 08 -5505 Figure No. 3h Excerpt from: DIGITAL GEOLOGIC MAP OF THE OCEANSIDE 30'X 60' QUADRANGLE, SOUTHERN' #• CALIFORNIA (200 By Kennedy - Tan j ( F i 'III � I I I' � (t �� :•C —'f Tn SELECT GEOLOGIC LEGEND jJ t —1 Very old pastille- depuslb. Unit 11 (middle to early -C ' PlelstoeeneFMostly poorly sorted, moderately g. permeable, reddish- brown, intcrfingered stranJlinc, beach, .•reF; 1_:, estuarine and colluvial deposits composed of siltstone. sandstone and nt terrace mrerate. These Jcpos s rest on the 92- - 94 m Claircmon[ temacc Old paralic deposits, Unit 3 (late to middle ^ _- Pleistocene)— Mostly poorly sorted, moderately permeable. tell Q reddish-brown, interfingered stmndline, beach, estuarine 1'(, P - r I µ� •� and colluvial deposits composed of siltstune, sandstone and conglomerate. These deposits rest on the 45-46 m Guy Fleming terrace Torrey Sandstone (middle Eocene) —White to light - brown, medium- to coarse - grained, moderately well indurated, massive and broadly cross - bedded, arkosic NORTH sandstone. This unit is the Torrey Sand Mcmber of Hanna (1926) and was named for exposures at Toney Pines State Park. It is now considered a formation of the La Jolla Group (Kennedy and Moore, 197 1) FIGURE NO. 5 Appendix "A" STANDARD GRADING AND CONSTRUCTION These specifications present the usual and minimum requirements for projects on which C.W. La Monte Company is the geotechnical consultant. No deviation from these specifications will be allowed, except where specifically superseded in the preliminary geology and soils report or in other written communication signed by the Soils Engineer or Engineering Geologist of record. GENERAL A. The Soils Engineer and Engineering Geologist is the Owner's or Builders' representative on the Project. For the purpose of these specifications, participation by the Soils Engineer includes that observation performed by any person or persons employed by, and responsible to, the licensed Civil Engineer signing the soils reports. B. All clearing, site preparation, or earthwork performed on the project shall be conducted by the Contractor under the supervision of the Soils Engineer. C. It is the Contractor's responsibility to prepare the ground surface to receive the fills to the satisfaction of the Soils Engineer and to place, spread, mix, water, and compact the fill in accordance with the specifications of the Soils Engineer. The Contractor shall also remove all material considered unsatisfactory by the Soils Engineer. D. It is also the Contractor's responsibility to have suitable and sufficient compaction equipment on the job site to handle the amount of fill being placed. If necessary, excavation equipment will be shut down to permit completion of compaction. Sufficient watering apparatus will also be provided by the Contractor, with due consideration for the fill material, rate of placement, and time of year. E. A final report shall be issued by the Soils Engineer attesting to the Contractor's conformance with these specifications. SITE PREPARATION A. All vegetation and deleterious material shall be disposed of off site. This removal shall he concluded prior to placing fill. B. Soil, alluvium, or bedrock materials determined by the Soils Engineer, as being unsuitable for placement in compacted fulls shall be removed Irom the site. The Soils Engineer must approve any material incorporated as a part of a compacted fill. C. After the ground surface to receive fill has been cleared, it shall be scarified, disced, or bladed by the Contractor until it is uniform and free from nits, hollows, hummocks, or other uneven features which may prevent uniform compaction. The scarified ground surface shall then be brought to optimum moisture, mixed as required, and compacted as specified. If the scarified zone is greater than 12 inches in depth, the excess shall be removed and placed in lifts restricted to 6 inches. Prior to placing fill, the ground surface to receive fill shall be inspected, tested as necessary, and approved by the Soils Engineer. D. Any underground structures such as cesspools, cisterns, mining shafts, tunnels, septic tanks, wells, pipe lines, or others are to be removed or treated in a mariner prescribed by the Soils Engineer and /or governing agency. E. In order to provide uniform bearing conditions in cut -fill transition lots and where cut lots are partially in soil, colluvium, or un- weathered bedrock materials, the bedrock portion of the lot extending a minimum of 3 feet outside of building lines shall be over excavated a minimum of 3 feet and replaced with compacted fill. Appendix A Standard Grading and Construction Specifications Page 2 COMPACTED FILLS A. Any material imported or excavated on the property may be utilized in the fill, provided each material has been determined to be suitable by the Soils Engineer. Roots, tree branches, and other matter missed during clearing shall be removed from the fill m directed by the Soils Engineer. B. Rock fragments less than 6 inches in diameter may be utilized in the fill, provided: 1. They are not placed in concentrated pockets. 2. There is a sufficient percentage of fine- grained material to surround the rocks. 3. The Soils Engineer shall supervise the distribution of rocks. C. Rocks greater than 6 inches in diameter shall be taken off site, or placed in accordance with the recommendations of the Soils Engineer in areas designated as suitable for rock disposal. D. Material that is spongy, subject to decay or otherwise considered unsuitable should not be used in the compacted fill. F. Representative samples of material to be utilized as compacted fill shall be analyzed by the laboratory of the Soils Engineer to determine their physical properties. If any material other than that previously tested is encountered during grading, the appropriate analysis of this material shall be conducted by the Soils Engineer as soon as possible. F. Material used in the compaction process shall be evenly spread, watered processed, and compacted in thin lifts not to exceed 6 inches in thickness to obtain a uniformly dense layer. The fill shall be placed and compacted on a horizontal plane, unless otherwise approved by the Soils Engineer. G. If the moisture content or relative density varies from that required by the Soils Engineer, the Contractor should re-work the fill until the Soils Engineer approves it. H. Each layer shall be compacted to 90 percent of the maximum density in compliance with the testing method specified by the controlling governmental agency. (In general, ASTM D- 1557 -91, the five -layer method will be used.) If compaction to a lesser percentage is authorized by the controlling governmental agency because of a specific land use or expansive soils condition, the area to receive fill compacted to less than 90 percent shall either be delineated on the grading plan or appropriate reference made to the area in the soils report. H. All fills shall be keyed and benched through all topsoil, colluvium, alluvium or creep material, into sound bedrock or firm material except where the slope receiving fill exceeds a ratio of five horizontal to one vertical, in accordance with the recommendations of the Soils Engineer. The key for hillside fills should be a tru mum of 15 feet in width and within bedrock or similar materials, unless otherwise specified in the soil report. K. Subdrainage devices shall be constructed in compliance with the ordinances of the controlling governmental agency, or with the recommendations of the Soils Engineer or Engineering Geologist. L. The contractor will be required to obtain a minimum relative compaction of 90 percent out to the finish slope face of fill slopes, buttresses, and stabilization fills. This may be achieved by either overbuilding the slope and cutting back to the compacted core, or by direct compaction of the slope face with suitable equipment, or by any other procedure which produces the required compaction. Appendix A Standard Grading and Construction Specifications Page 3 M. All fill slopes should be planted or protected from erosion or by other methods specified in the soils report. N. Fill-over-cut slopes shall be properly keyed through topsoil, colluvium or creep material into rock or firm materials, and the transition shall be stripped of all soil prior to placing fill. CUTSLOPES A. The Engineering Geologist shall inspect all cut slopes at vertical intervals not exceeding 10 feet. B. If any conditions not anticipated in the preliminary report such as perched water, seepage, lenticular or confined strata of a potentially adverse mature, unfavorably inclined bedding, joints or fault planes are encountered during grading, these conditions shall be analyzed by the Engineering Geologist and Soils Engineer, and recommendations shall be made to treat these problems. C. Cut slopes that face in the same direction as the prevailing drainage shall be protected from slope wash by a non - erodible interceptor swale placed at the top of the slope. Unless otherwise specified in the soils and geological report, no cut slopes shall be excavated higher or steeper than that allowed by the ordinances of controlling governmental agencies. Drainage terraces shall be constructed in compliance with the ordinances of controlling governmental agencies, or with the recommendations of the Soils Engineer or Engineering Geologist. GRADING CONTROL A. Observation of the fill placement shall be provided by the Soils Engineer during the progress of grading. B. In general, density tests should be trade at intervals not exceeding 2 feet of fill height or every 500 cubic yards of fill placement. This criteria will vary, depending on soil conditions and the size of the job. In any event, an adequate number of field density tests shall be made to verily that the required compaction is being achieved. C. Density tests may also be conducted on the surface material to receive fills as determined by the Soils Engineer. 1). All clean -outs, processed ground to receive fill, key excavations, subdrains, and rock disposals trust be inspected and approved by the Soils Engineer or Engineering Geologist prior to placing any fill. It shall be the Contractor's responsibility to notify the Soils Engineer when such areas are ready for inspection CONSTRUCTION CONSIDERATIONS A. The Contractor shall provide necessary erosion control measures, during grading ana prior to the completion and construction of permanent drainage controls. B. Upon completion of grading and termination of inspections by the Soils Engineer, n• further filling or excavating, including that necessary for footings, foundations, large tree wells, retaining walls, or other features shall be performed without the approval of the Soils Engineer or Engineering Geologist. C. Care shall be taken by the Contractor during final grading to preserve any berme, drainage terraces, interceptor swales, or other devices of permanent name on or adjacent to the property. D. In the event that temporary ramps or pads are constructed of uncontrolled till soils during a future grading operation, the location and extent of the loose fill soils shall be noted by the on -site representative of a qualified soil engineering firm. These materials shall be removed and properly recompacted prior to completion of grading operations. E. Where not superseded by specific recommendations presented in this report, trenches, excavations. and temporary slopes at the subject site shall be constructed in accordance with section 1541 of Title 8, Construction Safety Orders, issued by OSHA. Appendix A Standard Grading and Construction Specifications Page 4 APPENDIX xa B" UNIFIED SOIL CLASSIFICATION CHART Sol[. DESC RI 1`11 ON . MARSE. GRAINED: More Bran half of inatenal u larger than No. 200 sieve stn. (:RAVEI,S: %f ire then hall ufcwrsc fraction is larger than No. 4 sieve size but smaller than 3 ". GROI,`P SYMBOL TYPICAL NAMES t1EAN GRAVELS GW Well graded gravels,gravefsand truxtures. little or rto fora. GP Poorly graded gravels. gravel sand mixtures. little or no fines GRAVEIS WITH FINFS GM (Appreciable amount of fines) GC SANDS: More than half of wane fractim is smaller I CLEAN SANDS SW SP Silty gravels. Poorly graded gravel- sand -silt mixtures Clayey gnveLS poorly graded gravel sand, clay mixtures han No. 4 sieve situ Well graded sand, gravelly sands, little or no fines Poorly graded sands, gravelly sands, little or no fines SANDS WITH MFS SM Silty sands. poorly graded sand and silty ttirnues (Appreciable amotnt of fines SC Clayey sands. "rly graded sand and clav mixtures 11. FIVE GRAINED: More duan half ofnedis al is smaller than No AK) sieve size SILTS AND CLAYS ML Inorganic sibs and very fine sands, rock flour, sandy silt - or clayey -silt with slight plasticity. Liquid Limit CL Irtorgarre clays of low to ritedium plasticity. Las than 50 gravelly clays, sandy clays, silty days, lean clays OL Organic silts and organic silty clays of low plasticity SILTS AND CLAYS MH Inorganic silts, nucaceotrs or diatomaceous fine sandy or silty soils, elastic silt Liquid Limit CH Inargamc clays of high plasiedy, fat clays. gratim than 50 Oil Organic clays of medium to high plasticity. IHGHLY ORGANIC SOILS PT Peat and other highly organic sods. 1" 1]0 ✓ Existing Ground Sut{,e Alluvium J L Q� 6 a EueO� Strugwe I: Pmpned Addimm I ProegEd Oede —Tw nl _. — _ mmomy won Wl.Ilipm Nat - 160 :.. 155 10 20 30 40 50 60 70 80 90 100 110 120 1130 C1fW (p¢1) mojEcr: sme6raW A6d C.W. La Monte Company Inc.^ Soil and Foundation Engineers Job No. 0735M Rp t .3> G� Pmpned Addimm I ProegEd Oede —Tw nl _. — _ mmomy won Wl.Ilipm Nat - 160 :.. 155 10 20 30 40 50 60 70 80 90 100 110 120 1130 C1fW (p¢1) mojEcr: sme6raW A6d C.W. La Monte Company Inc.^ Soil and Foundation Engineers Job No. 0735M Rp t W-4, .) Depresses Curb 95 LF $24.00 $2,280 SURFACEIMPROVEMENTS Masonry Retaining Walls 615 SF $28.00 $17,220 P.C.C. Drive Way 470 SF $5.00 $2,350 $0 EROSION CONTROL Slope Planting (Ground Cover) 1108 SF $0.44 $489 Gravel Bags 150 EA $0.71 $107 Silt Fence 75 LF $2.50 $188 10% Contingency $4,500 Subtotal $49,800 i C�0�7 ` QROF ESS /q D ESTIMATE PREP Y: ennis Furman R. JUN 2 0 2008 No.0032391 ' EXP.12/31/08 p ..ES ESTIMATE FOR GRADING PERMIT Grading Permit No.: 927 -G CDP No. 08- 003CDP CG No Engineer: Dennis Furman CITY OF ENCINITAS ITEM QUANTITY UNIT UNIT PRICE FOR BONDING COST EARTHWORK Cut/Fill 750 CY $2000 $15,000 ExporUlmport 0 CY $2800 $0 Other(Specify) 0 $0.00 $0 0 $000 $0 10% Contingency $1,500 Subtotal $16,500 DRAINAGE 12 " or less 173 LF $37.00 $6,401 Area Drains 5 EA $50.00 $250 Infiltration Basin 1 LS $5,000.00 $5,000 w le 100 LF $110.00 $11,000 W-4, .) Depresses Curb 95 LF $24.00 $2,280 SURFACEIMPROVEMENTS Masonry Retaining Walls 615 SF $28.00 $17,220 P.C.C. Drive Way 470 SF $5.00 $2,350 $0 EROSION CONTROL Slope Planting (Ground Cover) 1108 SF $0.44 $489 Gravel Bags 150 EA $0.71 $107 Silt Fence 75 LF $2.50 $188 10% Contingency $4,500 Subtotal $49,800 i C�0�7 ` QROF ESS /q D ESTIMATE PREP Y: ennis Furman R. JUN 2 0 2008 No.0032391 ' EXP.12/31/08 p ..ES D.R.F. ENGINEERING DENNIS FURMAN, R.C.E. 32397 969 VALE TERRACE, CA 92084 (858) 386-8836 July 30, 2009 City of Encinitas Engineering Services Permits 505 South Vulcan Avenue Encinitas, CA 92024 RE: Engineer's Final Grading Certification for Project No. 07 -1578 and Grading Permit Number 927 -G. The grading under permit number 927 -G has been performed in substantial conformance with the approved grading plan or as shown on the attached "As Graded" plan. Final grading inspection has demonstrated that lot drainage conforms with the approved grading plan and that swales drain with a minimum of 1% to the street and /or an appropriate drainage system. AU the Low Impact Development, Source Control and Treatment Control Best Management Practices as shown on the drawing and required by the Best Management Practice Manual Part II were constructed an re operational, together with the required mainte ce covenants(s). i s7a% d 7 0 Engineer of Record Ft Dated Ri FES510N y m m Verification by the Engineering Inspector of this fact is done by the hereon and will take place only after the above is signed and will not I N 4E fA er of Record of the ultimate responsibih Engineering Inspettoc t 17S / 1 � Q Dated: 4 '�I i isG jk SV IbI City of Encinitas 505 South Vulcan .Avenue Encinitas, California 92024 -3633 Tel 760- 633 -2600 • Fax 760- 943 -2226 TDD 760 - 633 -2700 -.,,w.ci.encinitas.ca.u= Field Clearance to Allow Occupancy TO: Subdivision Engineering Public Service Counter FROM: Field Operations Private Contract Inspection RE: Building Permit No. 07 -- /5-7S Name of Project Name of DeveloperT!I A2�� IJV ve I have inspected the site at l5(o(p Lj6er7-, ;e1/1 address... number street name suffix Fire Building Planning Engineering and have determined that finish (precise) grading pot no (bldg no.) and any other related site improvements are substantially complete and that occupancy is merited. 7 3o - �J) Signature of Engineering Inspector Date Signature of Senior Civil Engineer, only if appropriate Reference: Engineering Permit No. �`� Special Note: Please do not sign the 'blue card' that is issued by Building Inspection Division and given to the developer. You are only being asked to verify field conditions. office staff still has the responsibility to verify that compliance with administrative requirements is achieved, typically payment of impact fees or execution of documents. Return this forth, if completed, to counter staff by dropping it in the slot labeled 'Final Inspection' . Also, please remember to do final inspections on the related engineering permits and return that paperwork, if completed. Thank you. NOTICE OF OLAT ON STOP ORK City of Encinitas —State of California Office of City Engineer Ae't Issued to: �1�6 "i53 -5925 This site has been inspected and is in violation of the following Chapter(s) of the Municipal Code: No Permit (15.04, 15.08, 23.24) Traffic Control (15.04) Grading (23.24) Erosion Control (23.24) Asphalt Concrete (15.04) Concrete (15.04) Trenching and Backfilling (15.04) Drainage ( 15.04, 23.24) Illegal Encroachment (15.04) Other l Site Address: /!�6L(�P/J�/ You are hereby ordered to abate the following violation by: / ?9u (Date) This may be accomplished by: �61L 69, 1A �na� �t r A) G�/LK cam M DO NOT REMOVE THIS NOTICE! Contact project inspector regarding removal of this Notice. odd 5", (� kate In spector (7w) X331794 Sign -off: 7 T� City Engineer Date D.R.F. ENGINEERING Civil Engineering Services R.C.E. 32391 969 Vale Terrace, Suite C Vista, Ca. 92084 (858)386-8836-eng.drf@gmail.com September 16, 2008 City of Encinitas SEP Engineering Service Permits 505 South Vulcan Ave. Encinitas, Ca. 9204 Re: Engineer's Pad Certification for APN No. 260 -083 -18 and Grading Permit Number 08 -003 CDP. Pursuant to section 23.24.310 of the Encinitas Municipal Code, this letter is hereby submitted as a Pad Certification Letter for the above reference property. As the Engineer of Record for the subject project, I hereby state all rough grading for this property has been completed in conformance with the approved plans and requirements of the City of Encinitas, Codes and Standards. Based on a field survey, the pad elevation, as shown on plan 927 -G is 167.75 feet, plus or minus 0.1 foot. 23.24.310(B) 1. Construction of permanent drainage devices and retaining wall are not complete at this time. This certification is for the pad and the site preparation to place the foundation and construct the building. 23.24.31 0(6) 5. The location and inclination of all manufactured slopes has been field verified and are in substantial conformance with the subject grading plan 927 -GP. 23.24.310(B) 6 The construction of earthen berms and positive building pad drainage has been field verified and are in substantial conformance with the subject grading plan 927 -GP. Sincerely y FURMAN Ne. C�Q391f i + ExP.r— + i ENGINEERING SERVICES DEPARTMENT city Of Capital Improvement Projects District Support Services E /Lf G/L /tiKJ Field Operations Subdivision Engineering Trotfic Engineering ROUGH GRADING APPROVAL TO: Subdivision Engineering Public Service Counter FROM Field Operations Private Contract Inspection RE: Grading r.i CP'ermitt No. / Z % 6-T Name of Project Fig - /2uke ST1 e(r Name of Developer /P ,9121 BOBa Site Location /S/PO kl&ee 6 -ler/1 14 k-le- . :taddress:::. ..number ._streetname. _suffrx) (lotl (bldg) ._ . :....�: I have inspected the gradingrat thesubjectstte aftllavexeriflecl certificatioTtofthe pad by.'; the .Engineer of work, IS ,Q47M1 dated: and certification of soil''' compaction by the Soil Engineer, .W LA4locifa "I_'6dated$ - _9:— oa;I'am hereby_ ; .satisfied that the rough grading has been completed trr:accordance:wlthr:€he: approved ?f - :;c.r:'.pians:.2ntl specifications, Chapter 23:24-of -the :Municipal Code; and-:any -other applicable" +•ti • "'s`. engineering standards aWspecific project requirements.— eased onmy observation and the certifications take no. exception to the Issuanee.Of2'.: •- ::ca,r' :`.'.. building permit for the lot(s) as noted or Phase , If any, but only in so far as grading Is concerned. However, this release is not intended to certify the project with respect to other engineering concerns, including public road, drainage, water, sewer, park, and trall Improvements, and their availability, any other public improvements, deferred monumentation; or final grading. Prior to final inspection of the Building Permitcs) and legal occupancy, I need to be further advised so that I can verify that final grading (i.e.. finished precise grading, planting and Irrigation) has been completed in accordance with the approved plans and specifications. �- -z6_ov (signature of Engineering inspector) (Date) (signature of Senior Civil Engineer, only if appropiate) f0ate) Reference: Building Permit No. Special Note: Submit this form, if completed, to counter staff merely by placing a copy of it in both engineering technicians' in- boxes. Please member to do a final inspection of the grading permit and submit that paperwork, when completed Office staff will handle the appropiate reductions in security, if any, and coordination with Building Inspection. Thank you. MG /field3.docl TEL 760.633 -2600 1 FAX 760 - 633 -2627 505 S. Vuican Avenue, Encinim. California 92024 -3633 TDD 760.633 -2700 recycled paper 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 PERMIT PERMIT NO.: 927GI ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- PARCEL NO. : 260- 083 -1800 PLAN NO.: JOB SITE ADDRESS: 1566 RUBENSTEIN AVE. CASE NO.: 08003 / CDP APPLICANT NAME MARK BOBO MAILING ADDRESS: 2367 MANCHESTER AV B PHONE NO.: 760 - 753 -5905 CITY: CARDIFF STATE: CA ZIP: 92007- CONTRACTOR : MARK BOBO CONTRACTING LICENSE NO.: 557200 ENGINEER : DENNIS FURMAN PERMIT ISSUE DATE: 8/04/08 PERMIT EXP. PERMIT INSPECTO . PETER HALL 760- 943 -2220 ------------------- - - - - -- PERMIT FEES & PHO E O.: 760 - 753 -5905 LICEN YP B P O . ISSUED BY: 1. PERMIT FEE .00 2. GIS MAP FEE .00 3. INSPECTION FEE 2,730.00 4. INSPECTION DEPOSIT: .00 5. NPDES INSPT FEE 546.00 6. SECURITY DEPOSIT 54,600.00 7. FLOOD CONTROL FE 98.00 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 ISSUED TO INSPECT GRADING AND DRAINAGE IMPROVEMENTS ASSOCIATED WITH APPROVED PLAN 927 -G. A SEPERATE PERMIT IS REQUIRED FOR WORK IN R /W. APPLICANT SHALL MAINTAIN TRAFFIC CONTROL AS NECESSARY. LETTER DATED JULY 30, 2008 APPLIES. APPLICANT MUST CONTACT ENGINEERING INSPECTOR PETER HALL 48 HOURS PRIOR TO START OF WORK AT 760- 943 -2220. - - -- 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. SIGN RE D E IGNED PRINT NAME YY�1�4�1�7(i)�M��lUut :l�l:� CIRCLE ONE: 1. OWNER 2. AGENT 3. OTHER , CONTRACTORS STATE LICENSE BOARD i Statewide Investigative Fraud Team STATE OF CALIFORNIA I' 12501 E. Imperial Highway, Suite 610 ARNOLD SCHWARZENEGGER, Govemor Norwalk, Califomia 90650 � ' 800- 321- CSLB(2752) v,l• w cSlh Ca gov 1• I u City of Encinitas Department of Building and Safety Attention: Mr. Patrick Murphy / Building Official 505 S. Vulcan Avenue Encinitas, CA 92024 File Number: SF 2008 -4808 Re: Grading and Demolition Permits Dear Mr. Murphy: This agency is currently conducting an investigation into the demolition and grading work performed at 1566 Rubenstein Avenue, Cardiff, California by K Drury and Sons Construction ( Califomia Contractors license 838545). Based on information obtained during the investigation CSLB is requesting that the City of Encinitas Building and Safety Department provide CSLB with a certified copy of the building permit(s) issued to the project for the demolition and grading work performed by K Drury and Sons Construction; this work was performed on or about July 2008- CSLB is also requesting a copy of the building permit for the removal and rebuilding of the retaining wall / fence at 1572 Rubenstein; this property adjoins the 1566 Rubenstein property mentioned above. If a permit was required but not issued to the retaining wall project could you please provide CSLB with written correspondence, on your agency letterhead, that the files have been searched and that a retaining wall permit was not issued? Also, if a permit was not issued, could you please supply CSLB with the city / UBC code that requires a permit for that particular scope of work and a certified copy of the city ordinance adopting the code? Please note this is a confidential issue; all of the required information will be used as evidence in an on -going investigation. If you need any additional information please contact me at 909 -645 -3256 / stidwell @cslb.ca.gov Please mail the requested correspondence to the address listed above. Thank you very much for your cooperation in this matter. Sincerely Steve Tidwell Enforcement Representative II Contractors State License Board EASEMENT FOR CITY HIGHWAY Assessor's Parcel No. 260- 083 -18 Project No: 08 -003 CDP W.O. No.: 927 -G MARK D. BOBO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 86% INTEREST, AND KRISTY R. BOBO, A MARRIED WOMAN AS HER SOLE AND SPEARATE PROPERTY AS TO AN UNDIVIDED 14% INTEREST, AS TENANTS IN COMMON, hereinafter called GRANTOR (s), do (es) hereby grant, convey, and dedicate to the CITY OF ENCINITAS , State of California, hereinafter called GRANTEE, the right —of- way and incidents thereto for a public highway upon, over and across that certain real 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, COV819 -1 THE ORIGINAL OF THIS DOCUMENT Requested B Recording Q y' WAS RECORDED ON AUG 06.2009 ) DOCUMENT NUMBER 2009 - 0440652 DAVID L. BUTLER. COUNTY RECORDER City of Encinitas ) SAN DIEGO COUNTY REOORDER'S OFFICE TIME 3'.25 PM When Recorded, Mail To: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGHWAY Assessor's Parcel No. 260- 083 -18 Project No: 08 -003 CDP W.O. No.: 927 -G MARK D. BOBO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 86% INTEREST, AND KRISTY R. BOBO, A MARRIED WOMAN AS HER SOLE AND SPEARATE PROPERTY AS TO AN UNDIVIDED 14% INTEREST, AS TENANTS IN COMMON, hereinafter called GRANTOR (s), do (es) hereby grant, convey, and dedicate to the CITY OF ENCINITAS , State of California, hereinafter called GRANTEE, the right —of- way and incidents thereto for a public highway upon, over and across that certain real 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, COV819 -1 The Grantor hereby further grants to the CITY OF ENCINITAS 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 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, the necessity therefor 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 Grantee all trees, growths, (growing or that may hereafter grow), and road building materials within said right -of -way, including the right to take water, together with the right to use the same in such manner and 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, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right -of -way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this 1 }� day of l3 2008 OWNER 711 l"— k IA . 11111 : - Kristy R. NoWW 07 AMdM Date Signature of Owners to be notarized. Attach the appropriate acknowledgements. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the making of the foregoing Right -of -Way Dedication and consents to recordation thereof by its duly authorized officer. �� Date: � /� B By N Peter CotaeRobles r✓� Director of Engineering Services /City Engineer Cov819 -1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT cr-.c<' .sr .ccz - - Frct�- rr.�rcr - =rcr ,cam- - - - - .=e - ,.••,- =- r�+,�r- �r- .m�.r•�� -. State of California County of All D tV6_0 On AU616r 10,V01 before me, Elii - l"%D6I_ N0*A -rN PcIhl %L , Dale Here Inaerl Name anE Title EI Me Gabber % personally appeared G odQ > Name of Signed 04; If oir#�O ..... I Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personK whose named is/0 subscribed to the within instrument and acknowledged to me that he /solftryity, executed the same in his/her /tIleir authorized capacity(io, and that by histft)kr /tt*ir signature() on the instrument the person(gj, or the entity upon behalf of which the person(gf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature k)S,_"C Signature of Notary Public 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: V-16r T" Y DcDtGtg -T> p/V �1/D CDN T- t�LOR�►Y7nON Document Date: X4&VAT I r6. ly,01% Number of Pages: Signer(() Other Than Named Above: Capacity(les) Claimed by Signer(s) Signers Name: L2p-dY C. g oDl OR Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ❑ Trustee Top of Ihumb re ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Ctrr or' �n,clNt�t -J Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUNISPRINT OF SIGNER ACKNOWLEDGMENT State of Cali ml County of n , ( CI' f On 41 1,�og before me, :Ayyx\j /V , SI rls I J��{U�ubll C I (in ert name and title of the offic ) personally appeared 15t K ti� who proved to me on the basis of satisfactory evidence to be the person(V) whose name Isom subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in /her4te4 authorized capacity(ies), and that by 4is /her /their signature on the instrument the personv), or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AMY N. STEVENS Commlcslon ♦ 1768608 -. Notary PublIC - Calllolnla San Dlego County Siqnatur (Seal) C°fY1 IS, 2011 ACKNOWLEDGMENT State of California County of ,41)/ !V0 ) On % o�OO g before me, J Ve- Z .4W/✓ 47ZI /✓oTyjeg �u b �i G � I /(insert name and title of rhe officer) personally appeared MARK 1) .[b L) who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) IslaFe subscribed to the within instrument and acknowledged to me that he /shelthoy executed the same in his /heNtheir authorized capacity(ies), and that by hisA ief4o- r signature(z) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C1,44 (Seal) OFFICIAL SEAL JOYE DAWN CATO c� NOTARY PUBLIC CALWORNN Y COMM. NO. 1789146 SAN DIEGO COUNTY MY OMM. EXP JAN. 18 12 SUBORDINATION AGREEMENT New York WHEREAS, CITIMORTGAGE, INC, A UI.5SQLt&1 CORPORATIONI, desire to have the Deed of Trust recorded on November 30, 2007 as document number 2007- 0746433 of official records, subordinated to Easement for City Highway for PUBLIC RIGHT OF WAY ('DOCUMENT' hereinafter) and consent to the recordation of said DOCUMENT, Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. BENEFIC AR or TR TEE BY Title_�.._� r�s,.... ?,13 0 0 DATED BENEFICIARY or TRUSTEE BY_ DATED Signature of Beneficiary/ Trustee to be notarized. attach the appropriate acknowledgement. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9. 1994 that the City of Encinitas accepts and consents to the making of the foregoing Subordination Agreement and consents to recordation thereof by its duly authorized officer. DATE e 40 015 BY: �� Peter Cota - Robles Director of Engineering Services City of Encinitas UNIFORM ACKNOWLEDGEMENT State, Missouri, Territory, Possession or Foreign County On the 30th day of July in the year 2008 before me, the undersigned, personally appeared Noah Wulf, personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) is (are) subscribed to the within instrument and acknowledged to me that he capacity(ies), and that by his signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument and that such individual made such appearance before the undersigned in the County of St. Charles and State of Missouri. acknowledgement "• �"+ SAND WW +' ,•. Norory Public. RS�tateEorMlcsouri $f. Crwrw County • COtTMISMIOM ► 07387219 M COMMI18On It r 2011 EXHIBIT "A" April 12, 2008 THE SOUTHEASTERLY 3.0 FEET OF THAT PORTION OF LOT 14 OF RIDGEWAY HEIGHTS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JULY 3, 1929, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 14: THENCE SOUTH 220 41'32" EAST ALONG THE WESTERLY LINE OF SAID LOT, 33.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 220 41' 32" EAST 33.06 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT, SOUTH 66 030'08" EAST 317.59 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 14, SAID POINT BEING ON THE NORTHWESTERLY LINE OF RUBENSTEIN AVENUE AS SAID AVENUE IS SHOWN ON MAP NO. 2163; THENCE NORTH 18 °12'32" EAST ALONG THE EASTERLY LINE OF SAID LOT 110 FEET: THENCE LEAVING SAID EASTERLY LINE NORTH 81009'30" WEST 342.45 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAD LOT; THENCE NORTH 18 °12'32" EAST ALONG THE SOUTHEASTERLY LINE THEREOF TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 15 FEET NORTHEASTERLY OF, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID LOT 14; THENCE NORTH 66 030'08" WEST ALONG THE SAID PARALLEL LINE TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 105 FEET NORTHWESTERLY OF MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTH 18 012'32" EAST A DISTANCE OF 67.89 FEET ALONG SAID PARALLEL LINE TO AN INTERSECTION WITH THE NORTHERLY LINE OF LAND DESCRIBED IN A DEED TO WILLIAM A. MARTIN, ET UX, RECORDED, AUGUST 6, 1957, IN BOOK 6694, PAGE 362 OF OFFICIAL RECORDS; THENCE NORTH 81 °09'30" WEST A DISTANCE OF 236.03 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 14, THENCE SOUTH 220 41' 32" EAST ALONG SAID WESTERLY LINE 33.06 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 14 SOUTH 66 030'08" EAST 317.59 FEET TO THE POINT OF BEGINNING. ROBERT L. MCCOMB REGISTRATION RENEWABLE ON: O s I TT1 �QCIFO 2`3' --o8 PLS 4441 SEPTEMBER 30, 2009 EXHIBIT "B" h N Ru n \ Z slej. s � ° 9 w llaoo, 7u rn 1S, 06' a w b •t th J L1J o o _ U 4 co APN 260 - 083 -18 is co s� ro 2 �u ti h ^ G0 I&J / <!! N M I 67 eg32„ 3 1° I `%Q a co' oT� � p � z I 74 41,4P 41,4P - Tg 1 ` co L 1 I s m .E 31� �I t 1 I a1, 3T / A� 5 / / / INDICATES Y DEDICATION 1N 22 333q TPOB TO CITY Of ENCINITAS 75' 100' NW'LY COR LOT 14 12/03/2007 16:55 FAIL 7602690568 RECORDING REQURMD BY, Chlcep TWO Compeoy Fiuow DiTltioa AND wHEN RECORDED MAILTO A.'O HAM TAX STATFMEW TO: Mark D. Bobo and Kriety R. Bobo 3361 Manchester AVtnue CardIR, CA 92007 CHI Ti11.S 10002 DOC I9 +{ 200-11-0746432 1` NOV 30, 2007 11:31 AM FEUMS SAN DIE30 OFFICAL DR EAS 0FFICE GRE GORYU. $WTH, COUNTY RECORDER FEES. MW Dc. a y �a pp�� yy{� q�g pppppp�� pp P��AyyGES:� � 3 4r9 86 ��I! M�I�W���fX��dB11�11�1111B1��Ipl�wlltl Order No. 73012908 -U 16 Escrow No. 6673 -LM Parcel No, 260. 013.12 ACE F NRE)d.S VW— GRANT DEED THE UNDE1181014E0 ORANTDR(S) DECLARE(S) WAT DOCUMENTARY TRANSFER TAX 13 $352-0 Led CITY S _computed w full value of properly conveye6, or _competed on &II value less Banw encumbraaeae lanalniny at des: time of tale. _unlneorportudarot: _.Ordiff,.md FOR A VALUASLE CONSIDERATION, Mofpt (If whkh b busby aeknowledvd, Made E. Ftoaer and Ruth K. Fenner, Trustees of The Ftaner 2005 Trull dated September 9, 2005. hereby GRANTS to Mtrk D. Bobo and Krtaty R. Bobo, Swbaod sod wife lolal tanaw the folbwing dewribed eW property In the County of Sas D W. Seta ofCalllomia: That portloa of Lot 10 of Ridgeway Heigbu. in the City of Enc Win, County of Set PBp, Sou of C41IR"ailk eecarding to map thusof On. 2163, filed in the of ins of the c eanry recorder of caid San Diep County, Ju4y 3,1929; more p"cularly dosar@ed as per EXHIBIT ",it" mashed hereto and made a part hereof by this refuu*B Continued on page two... asi VJ /YUV/ le:6l ?AA IU02t#0639 CIII TITLE Z003 4 76 7' Date November 13.2W7 Cbude E. Fenner end Ruth E. Fenner, Truster of e1The Famm 2003 Trust dated September 9, 2003. q�. /`^"�""•�y, Yuti teiL,. F0t F 1'8c�tn Ily: lade L. Fanner, Truataa 6;r. uth E. Fconer. Trustee STATE OF CALIFORNIA ) S.S. COUNTY OFSGn t oy- } On W Li.e 7 . before me, L�. m�?� ", , e Notary Public in and for Said County and State, perwtultyappeared _ C,�aude, {,nMLi >!- �k�{ry E FGh •r, perVa{Ily known to me (or proved to me on the bntis of se�tsfe"my evidence) to be the n(e) whose names) is/ b=ibed to the within Instrument aced aoknowla to me that he/she y �eettted the emte in hl mthorlted capacity(iea), and thm b}' his/her e r ptan:rc(s) on the instrument the pertoa(s), or Use edify u ehalf of which the persons) acted, executed instrument. WETNESS my hand and official seat. C. M. MORGANS CRAM a 14740M W� OCOWA. aOTAV N NIX-CAIIFOMM SAN DIMO COUMY O rotary Fublic In ad fo Se Shoe W. MARI> m.= 12/09/2007 14:58 FAX 7602680589 CII: TITLE 10004 • 3 EXHIBIT "A" 9788 LEGAL. DESCRIPTION THAT PORTION OF LOT 14 OF RIDGEWAY HEIGHTS, IN THE CITY OF ENCINITAS, COiJN'I'Y OF SAN DIEGO, STATE OF CALIFORNIA,. ACCORDING TO MAP THEREOF N0.2163, FILED IN THE OFFICE OF THE COUNTY RECORDER Of' SAID SAN DIEGO COUNTY, JULY 3, 1929, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 14: THENCE SOUTH 23'12' EAST ALONG THE WESTERLY LINE OF SAID LOT, 33,3 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 23'12' EAST 32.95 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT, SOL"TH 67 004'00" EAST 317.91 FEET TO THE SOUTHEASTERLY CORNER OF SAID LCT 14, SAID POINT BEING ON THE NORTHWESTERLY LINE OF RUBENSTEIN AVENUE AS SAID AVENUE IS SHOWN ON MAP NO. 2163; THENCE NORTH I8'l3'2W EAST ALONG THE EASTERLY LINE OF SAID LOT 110 FEET: THENCE LEAVING SAID EASTERLY LINE NORTH 81 °43'23" WEST 342.67 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESI.'RIDED AS FOLLOWS: BEGINNING Al' THH MOST SOUTHERLY CORNER OF SAID LOT; THENCE NORTH 18'13 "20" EAST ALONG THE SOUTHEASTERLY LINE THEREOF TO AN INTERSECTION WITH A LINE THAT IS PARALLE'- WITH AND 15 FEET NORTHEASTERLY OF, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF SAID LOT 14; THENCE NORTH 67'D4.00" WEST ALONG THE SAID PARALLEL LINE TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 105 FEET NORTHWESTERLY OF MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTH 18013'20" EAST ALONG SAID PARALLEL LINE TO AN INTERSECTION WITH THE NORTHERLY LINE OF LAND DESCRIBED IN A DEED TO WILLIAM A. MARTIN, ET UX, RECORDED, AUGUST 6, 1957, IN BOOK 6694, PAGE 362 OF OFFICIAL RECORDS; THENCE NORTH 81'43'23' WEST ALONG SAID NORTHERLY LINE TO THE SOUTHWESTERLY LINE OF SAID LOT 14, THENCE SOUTH 23 0I2' EAST ALONG SAID SOLFINWE"TERLY LINE 32.95 FEET TO AN ANGLE ?DINT THEREIN; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 67004'00" EAST 317,91 FEET TO THE POUT OF BEGINNING. AFN: 260-083 -18 END OF LEGAL DESCRIPTION FROM : PH01E ND. Jan. 05 2008 10:29RM Pop Application No. L PLANNING AND BUILDING DEPARTMENT CITY OF ENCINITAS 505 South Vulcan Avenue Encinitas, California 92024 (760) 633 -2710 IrVIDENCE OF LEGAL PARCEL I Appitcant's Nart�E P��r Telephone Vb -7-7A MailingAddressll wG � l3foG� po.� Q,lL City State CA Zip o1ZC(,A 10151 You are require to supply documentation that this property constitutes a legal parcel before the City can accept for filling any discretionary permits. This form and a$sociated evidence will be reviewed by the Planning and Building Department upon submittal of you application A request for a Certificate of Compliance must be filed concurrently with (or In advan of this application if the evidence presented is insufficient to determine this parc9i as being a legal t or determination will require substantial time to research. If determined "t the property is not a legal lot, no pertntt or other approval may be granted until corrective actionlhas been completed. Fees and depo#its submitted with this application will be refunded only as provided for by the ordinances and rtegulations in effect at the time of the request. Book _ del. Page Parcel I I `...ar• �, Ira:, 'u �� na of can pate ' (Please Print or (Type Signatory's Name) M /d4e/LAD60E\FATta1d CWY of f.L r- )aF0)vpb •trf!en) lUtt 13pnats,26- Jul -U61 mom PHONE NO. Tan. 05 200e 10t30M P5 Application NO.: 08-G*360P CITY OF ENCINITAS [:D] DISCLOSURE STATEMENT APPLICANTS STATEMEk OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DWROI ONARY ACTION ON THE PART OF THE CITY COUNCIL PLANNING COMMISSION, AND ALL OTHER OFFICIAL BODIES. The following Infom:atlon r 91,, be disclosed: 1. List the names of persons having a financial Interest in the applicallom List the names of oil persons having any cwncrshpnterest in the property inwtvac. 1 2. 1' any person idw W Dwsuard to (1) above is a oorpora;ion or partnership, list the names of all indtvicuals owning •pore then 10% of titre shares in the corporation or owning any partnership Interest in the partnership. i — 3. It any person idenli sled pursuant to r1) above is a non -profit organization or a trust, list the names of any person serving as director of the noh- profit organization as trustee or beneficiary or Vustor of the trust. 4. Have you had more that $250 worth of business ❑ansacted with any �member of City staff, Boards, Commissions, Commit ", and Owncil within the Nast twelve months? u Yes If yes, please indicate person(s). I � , PERSON is defined as: "Any jndividual, firm, eoparlwnhip, joint venture, association, social dub, fraternal organization, corporation, estate, trust, raloeiver, syndicate, this and any other county, city and county, city, municipality, disW or uBier political subdlvlsbn, or any giIloup or combination acting as a unit" i (NOTE, Attach addihonai pap s e9 nocessary.) I hat -- Print our typO name of applicant CC /�� /i : \bsyt \ruv!iPJ CoFY. of GC_A -yppp (4li: W[640II) (Lis! VptlKe:76- JV1 -J6i, b�- oo3C�JP Application No.: SW CITY OF ENCINITAS STORM WATER POLLUTION CONTROL CHECKLIST AND CERTIFICATION All projects within the City of Encinitas are required to implement storm water Best Management Practices (BMPs), consisting of both construction phase BMPs and permanent post- construction BMPs. Construction phase BMPs, discussed in Section IV of the City of Encinitas Best Management Practice Manual, Part II, consist of temporary erosion and sediment control measures. In contrast permanent, post- construction BMPs are designed to treat storm water and urban runoff for the life of the project and are to be maintained in good working order by the property owner(s). These permanent post - construction BMPs are required through the Standard Urban Stormwater Mitigation Program (SUSMP) mandated by the State of California and the City of Encinitas. The City of Encinitas regulates storm water discharges under the Municipal Code, Chapter 20.08, Storm Water Management, and the City of Encinitas BMP Manual, Part II, which can be found at the following website: (http / /www ci encinitas ca us/ Government /CityD /EngineeringSDL /Clean +Water +Program /Clean +Water +Proaram.htm). Construction phase and post- construction BMPs are both necessary (and required) to help reduce the pollution in our streams, lagoons, and oceans. This checklist is designed to guide applicants in the selection and incorporation of BMPs that are acceptable to the City of Encinitas. It is focused on permanent post- construction BMPs, which must be incorporated into the site design of projects during the conceptual phases of project planning. The final design for post- construction BMPs shall be incorporated into the grading plan and building site plan. To determine the BMPs required for your project, fill out the checklists below. STEP 1: PROJECT TYPE IDENTIFICATION Complete Table 1 and 2 below to determine if your project is a "Priority ", "Standard ", or "Exempt" project. This category will dictate the BMPs that are required at your site. A more thorough explanation of the selection criteria and required BMPs can be obtained from the City's BMP Manual, Part ll. Priority Projects: If your answer to any question in Table 1 is "Yes "; your project is a "Priority Project If all answers to Table 1 are "No ", continue to Table 2. Standard Projects: If all answers to Table 1 are "No ", but the answer to any question in Table 2 is "Yes ", your project is a "Standard Project ". Exempt Projects: If all answers to Table 1 and Table 2 are "No ", your project is "Exempt ". Exempt projects shall implement construction phase BMPs as required. CD /ddc /i: \bapt \Revised Copy of CD_A- 2APP(web version) (Last Update:26 -Jul -06) Application No.: 0�- C70,3 V Table 1: Determine PRIORITY PROJECT Category. Does the project meet the definition of one or more of the priority project categories? Yes No • Detached residential develo ment of 10 or more units x • Attached residential development of 10 or more units x • Commercial development greater than 100,000 square feet �4 • Automotive repair shop • Restaurant X • Steep hillside development greater than 5,000 square feet X • Project discharging to receiving waters within Environmentally Sensitive Areas X • Parking lots greater than or equal to 5,000 W or with at least 15 parking spaces, and potentially exposed to urban runoff X • Streets, roads, driveways, highways, and freeways which would create a new paved surface that is 5,000 square feet or greater /� X Limited Exclusion: Trenching and resurfacing work associated with utility projects are not considered priority projects. Parking lots, buildings and other structures associated with utility projects are priority projects if one or more of the criteria in Part A are met. Table 2: Determine STANDARD PROJECT Category. Does the project propose: Yes No 1. New impervious areas, such as rooftops, roads, parking lots, driveways, paths and sidewalks. x 2. Reconstruction of the existing impervious areas, such as rooftops, roads, parking lots, driveways, paths and sidewalks in excess of 1000 square feet. x 3. Permanent structures within 100 feet of any natural water body? 4. Trash storage areas? 5. Liquid or solid material loading and unloading areas? x 6. Vehicle orequipment fuelin , washing, or maintenance areas? X 7. Require a General NPDES Permit for Storm Water Discharges Associated with Industrial Activities (Except construction)? X 8. Commercial or industrial waste handling or storage, excluding typical office or household waste? X 9. Any grading or ground disturbance during construction? 10. Any new storm drains, or alteration to existing storm drains that reduces natural storm water treatment? X Designate Project Category (check appropriate box) ❑Priority Project Standard Project ❑Exempt CD /ddc /i: \bapt \Revised Copy of CD_A- 2APP(veb version) (Last Update: 26 -Jul -06) Application No.: 6� $-W 360 STEP 2: DETERMINE BMP REQUIREMENTS Fill out the BMP Checklist below for your project type to guide you in the BMP selection process. Priority Projects: Priority Projects shall incorporate Priority and Standard Project Post - construction BMPs', in addition to meeting the applicable construction phase BMPs. All Priority Projects must include a numerically -sized flow - based, volume- based, or approved alternative storm water treatment system. In addition, projects falling into the groups described in Items (d) — (f) of Table 3 below must provide the specific treatment BMPs noted. Table 3: PRIORITY PROJECT Post - construction BMP Checklist I BMP requirements are more completely described in the City of Encinitas Best Management Practice Manual, Part II CD /ddc /1: \bapt \Revised Copy of CD_A- 2APP(web version) (Last Update:26- Jul -06) Yes No a) Will a flow -based system be used to treat runoff? i) grassy/ gravel swale ii) other: Please note that the flow -based system must meet all of the following criteria: i) minimum travel time of 9 minutes ii) maximum velocity of .9 ft/sec iii) maximum flow depth of 2" iv) maximum slope for treatment of 2% v) design based upon a rainfall intensity of .2 in /hr over entire site acreage vi) runoff from all hardscape areas routed to the flow -base system _ b) Will a volume -based system be used to treat runoff? i) detention basin ii) manufactured underground storage /infiltration iii) other: Please note that the volume -based system must meet all of the following design criteria: i) a retention time of not less than 24 hours and not more than 48 hours ii) a volume determined using .6" of precipitation over the entire site acreage iii) an overflow/ bypass design for volume exceedance iv runoff from all hardscape areas routed to the detention basin c) Will an approved alternate system be utilized for numerically sized treatment? Pleasespecify: d) Gas stations, automotive centers, and parking lots, shall install fossil fuel/ hydrocarbon filters in all storm drain inlets. Are filters planned for the project? (Use NIA if not applicable) _ e) Trash enclosures shall be covered and surface runoff directed away from the enclosures. Is this requirement planned into project design? (Use N/A if no trash enclosures are ro osed f) New roads shall include measures to treat the roadway runoff. Does the project design include treatment for proposed roadway runoff? Use N/A if no new roads are proposed) I BMP requirements are more completely described in the City of Encinitas Best Management Practice Manual, Part II CD /ddc /1: \bapt \Revised Copy of CD_A- 2APP(web version) (Last Update:26- Jul -06) PROJECT DESCRIPTION The proposed project for 1566 Rubenstein Avenue in Cardiff involves an addition to an existing single family dwelling. The existing residence was constructed in the 1950's and currently encroaches the required front yard and side yard setbacks. The portion encroaching the front yard setback is to be completely demolished, whereas the proposed addition will maintain the existing side yard setback of 7' -6" along the north side according to Encinitas Municipal Code section 30.16.010B9. The existing residence is currently 1,289 square feet with a detached 400 square foot garage. The existing garage also encroaches into the front yard setback and will be completely demolished, although maintaining the current driveway access location. The proposed 1,141 square foot residence addition will create a 2,430 square foot residence that includes 3 bedrooms, home office, 3 -1/2 baths, kitchen, great room, dining room and laundry room. A 487 square foot 2 -car garage will be attached to the residence. The project includes a covered front patio with fountain and garden walls, as well as a covered rear patio with adjacent trellis and outdoor fireplace. The building design is a Hacienda Ranch style accented with a bell tower, heavy timber posts and rafter tails, wrought iron vent grates, Flagstone window and door surrounds, and flagstone pilasters. The residence will have a white stucco exterior with terra cotta /tan blend clay roof tiles. All roofs will have gable ends and a 5:12 pitch. Copper gutters will be recessed into rafter tails. All exposed wood will be stained dark brown. The current site includes a 3' high wall along the front property line. This wall will be increased to a 4' high white stucco wall with 18" of wrought iron railing above. An existing 3' high retaining wall will be replaced with insignificant soil disturbance. No grading is proposed for the project, which is located on a flat building pad. The building pad is located approximately 3 -4 feet below street level. The residence will be accessed through an exterior entry door, which is part of the stucco wall fronting the residence. A 6' high cedar plank fence will be located along the north, west and south property lines. The lot contains several palm trees that will accent the architectural style. AL UNITED TITLE COMPANY 8880 Rio San Diego Drive, Suite 100 San Diego, CA 92108 TEL: (619) 497 -0800, FAX: (619) 542 -7185 THE ONLY CONVEYANCES AFFECTING SAID LAND, WHICH TWENTY -FOUR (24) MONTHS OF THE DATE OF THIS REPORT, RECORDED WITHIN ARE AS FOLLOWS: GRANTOR: MARK D. BOBO AND KRISTY R. BOBO, HUSBAND AND WIFE GRANTEE: MARK D. BOBO, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, AS TO UNDIVIDED 86% INTEREST AND KRISTY R. BOBO, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY AS TO UNDIVIDED 14 %; INTEREST, AS TENANTS IN COMMON. RECORDED: DECEMBER 3, 2007 AS DOCUMENT NO. 2007- 0749591, OF OFFICIAL RECORDS. Mike West MIKE WEST TITLE OFFICER 2 of 6 UNITED TITLE COMPANY 8880 RIO SAN DIEGO DRIVE, SUITE 100 SAN DIEGO, CA 92108 DATE: MARCH 31, 2008 RE: YOUR N0. : OUR NO. : 40801648 KEEN REPLYING PLEASE CONTACT: UNITED TITLE COMPANY 8880 RIO SAN DIEGO DRIVE, SUITE 100 SAN DIEGO, CA 92108 (800) 424 -8821 (619) 542 -7185 FAX SUPPLEMENTAL REPORT DATED AS OF: MARCH 20, 2008 THE ABOVE NUMBERED REPORT DATED MARCH 20, 2008 (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND /OR SUPPLEMENTED IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF THE ALTA LOAN POLICY OF TITLE INSURANCE WHICH WILL BE AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (6/17/06) FORM UNLESS OTHERWISE REQUESTED: 15. 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. 16. THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS 1566 RUBENSTEIN AVENUE (CARDIFF AREA) ENCINITAS CA. 17. THE ONLY CONVEYANCES AFFECTING SAID LAND, WHICH RECORDED WITHIN TWENTY -FOUR (24) MONTHS OF THE DATE OF THIS REPORT, ARE AS FOLLOWS: GRANTOR: CLAUDE E. FENNER AND RUTH E. FENNER, TRUSTEES OF THE FENNER 2005 TRUST DATED SEPTEMBER 9, 2005. GRANTEE: MARK D. BOBO AND KRISTY R. BOBO, HUSBAND AND WIFE, AS JOINT TENANTS RECORDED: NOVEMBER 30, 2007 AS DOCUMENT NO. 2007- 0746432, OF OFFICIAL RECORDS. United Capital Title Insurance Company, United Title Company First California Title Company, Land Title of Nevada, Inc, United Title Agency, 1031 Eachangepoint, Inc. Privacy Policy Notice We are committed to safeguarding customer information; When we reeqquest information from you or about you, it is for our own legitimate business purposes and not for the benefit of any unaffiliated party; We use personal consumer information only for legitimate business purposes in a manna consistent with title insurance and escrow practices in compliance with applicable laws and regulations; We will obey the laws governing the collection, use, and dissemination of personal data; and We will endeavor to educate our employees on the responsible collection and use of personal information. PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally requires a financial institution (which term includes title insurers, underwritten title companies and those providing real estate settlement services) to disclose to all its customers the privacy policies and practices with respect to information sharing of consumer nonpublic personal information with both affiliates and non-affiliated third parties. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of United Capital Title Insurance Company, United Title Company, First California Title Company, Land Title of Nevada, Inc., United Title Agency, and 1031 Exchangepoint, Inc. This disclosure does not apply to business, commercial or agricultural transactions. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other fortes. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent, lender, surveyor or appraiser. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to non - affiliated third parties as permitted by law. This includes, but is not limited to, a title plant operated by Property Insight. In order to effect, administer and enforce the title insurance transaction, and in order to protect against actual or potential fraud, unauthorized transactions, claims or other liability, information related to the issuance of the title policy, its amount and the exceptions to coverage therein, is provided to non - affiliated title plants which house not only land title public records and information regarding the physical characteristics of the property, but also information regarding the issuance of this and other title policies and title exceptions therein. The title plant information is available for the use of all licensed title insurance companies or underwritten title companies participating in the title plant and doing business in the county in which the property is located- WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. ORDER NO 40801648 -40 The failure of the residential structure, a any portion thereof to have been constructed before, on a after Date of Policy in accordance Mh applicable building codes. This exclusion does not apply to violat of building codes rf notice of the violation appears in the Public Records at Date of Policy. 7 of 6 PI i�77i:i�t�>t[II:I4�:Li:E[� ADDENDUM A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company well not pay ins a damage, costs, affaneys' fees a expenses Mich arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances a regulations) restricting regulating. prohibiting a relating (t) the occupancy. use, or enjoyment of the land: (i) the character chmesons a location of any improvement now or hereafter erected on the land, (iii) a separation in cMrrershp a a charge in the dimensions or area of the land or arty parcel of which the land is a was a park a (iv) environmental protection, or the effect of arry violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a detect, lien, a encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof a nolce of a defect, lien a encumbrance resulting from a violation a alleged violation affecting the land has been recorded in the pubic records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage arty taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser fa value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters : (a) whether or not recorded in One public records at Date of Policy . but created. suffered, assumed a agreed to by the insured clamant. (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the asuredclarnant and not disclosed n writing to the Company by de insured clamant Prior to the date the insured claimant became an inured under this policy (c) resulting in no loss or damage to the insured claimant (d) attaching a created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained d the insured claimant had pad value for the insured mortgage or for the estate a interest insured by this policy. 4. UnenfaceabilRy, of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or faium of arty subsequent owner of the indebtedrness . to comply with the applicable dog business laws of the state in which the tend is situated. 5. Invalidity or unenfaceability of the lien of the insured mortgage, a clam thereof. which arses out of the transaction evidenced by the insured mortgage and is based upon usury a arty resumer credit Protection or truth in denuding law 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE — SCHEDULE B, PART I This policy does not insure agairst loss or damage (and the Company will not pay costs, attorneys' fees a expenses) which arise by reason of 1. Taxes a assessments which are not shown as existing liens by the records of arty taxing authority that levies taxes a assessments on real property a by the public records. Proceedings by a public agency Mich may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Arty facts, rights, interests, a clams Mich are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persors in possession thereof. 3. Easements, liens a encumbrances, or claims thereof riot shown by the public records. 4. Discrepancies. conflicts in boundary tines, shortage in area, encroachments. or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Urpatented mining clams, (b) reservations a exceptions in patents a in Acts authonzinrg the issuance thereof, (c) water rights, claims a title to water. Mather or not the matters excepted under (a). (b) a (c) we shown by the pudic records. CLTA HOMEONMER'S POLICY OF TITLE INSURANCE (10r&03) ALTA HOMEONMER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B. you are not insured against lira, costs, attorneys' ices, and expenses resulting from 1. Governmental police power, and it,-- existence or violation of any law or government regulation. This includes ordinances, laws and regulabors caucemirg . a building b zoning c. Land use d, improvements on the Land e. Land division f. envronmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. 1 of 6 ORDER NO 40801648 -40 This Exclusion does rat limit the coverage described in Covered Risk 14, 15, 16, 17 a 24. 2. The failure of Your exshrg structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does no( apply to violations of buulding codes B notice of the vidabon appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless . a, a notice of exercising the right appears in the Public Records at the Policy Date. or b. the taking happened before the Policy Date and is binding on You B You bought the Land without Knowing of the taking 4. Risks a. that are created, allowed, or agreed to by You, whe0er or not they appear in the Public Records, b. that we Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date, C . that result in no Im to You, a d. that first occur after the Policy Date - this does not limit the coverage desaDed in Covered Risk 7, 8.d, 22, 23. 24 a 25. 5. Failure to pay value for Your Tiitle. 6. lack of a right a. to any Lard outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets. alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the foGowng Covered Risks s limited on the Owns s Coverage Statement as follows. • For Covered Risk 14. 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits; shown on Schedule A are as follows. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 14: 1% of Policy Amount a $ 2,500 (whichever is less) $ 10,000 Covered Risk 15: 1% of Policy Amount or $ 5,000 (whichever is less) $ 25,000 Covered Risk 16: 1% of Policy Artaad or $ 5,000 (whichever is less) $ 25.000 Covered Risk 18. 1% of Policy Amount or $ 2,500 (whichever is less) $ 5,000 ALTA RESIDENTIAL TITLE INSURANCE POLICY (61-M EXCLUSIONS In addition to the Exceptoms in Schedule B, you are not insured against I s , costs, aftaneys' fees, and expenses resulting from 1. Governmental police pawl, and the existence a violation of any law or government regulation. This includes building andzmM ordinances and also laws and regulations concerning. land use improvements on the land land division er romentel protection This exclusion does not apply to vitiations or the erdorcemerd of these matters which appear in the public records at Policy Dale. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks, 2. The right to take the lend by condemning it, unless. a notice of exercising the right appears in the public records ' on the Policy Dale the taking happened prior to the Policy Date and is binding on you B you bought the land without knowing at the taking 1 Title Risks: that are created, allowed, a agreed to by you that are known to your but nil to us. on the Policy Date - unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date - this does riot limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right to any land outside the area specifically described and referred to in Item 3 of Schedule A OR in streets alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. ALTA LOAN POLICY (1417 -92) NTH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 2 of 6 ORDER NO 40801648 -40 1. (a) Any law, ordnance a governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting. regulating prohibiting a relating to () the occupancy, use, or enjoyment of the land, (i) the character , dimensions or location of any improvement now or hereafter erected on the land: (i) a separation in ownership or a charge in the dimensions or area of the land or any parcel of which the land is of was a park or (rv) environmental protection, or the effect of any violation of these laws. ordinances or govemmentel regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien a encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a vidabon a alleged wolatlon affecting the land has been recorded in the public records at Date at Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, des, encumbrances, adverse claims or other matters . (a) created, suffered, assumed or agreed to by the insured claimant (b) not known to the Company, rat recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extend insurance is aRaded herein as to assessments for street improvements under construction a completed at Date of Policy). or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the insured mortgage. 4. Unentorceabitity of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Irwalidity, or urerdorceabfity, of the ken of the insured mortgage, a claim thereof, which arses out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6. Any statutory lien for services, labor a materials (a the claim at priority of any statutory lien for services, labor a rrmterials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole a in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced a is obligated to advance . 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal banknuptcy, state insolvency, a similar creditors' rights laws, that is based on () the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or frauddent transfer or (i) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine a equitable subordination: a (in) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential harsher results from the failure: (a) to timely record the instrument of transfer: or (b) of such recordation to impart notice to a purchaser for value a a judgement a lien credits. The above policy farm may be issued to afford either Standard Coverage a Extended Coverage. In addition to the above Exclusias from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage. EXCEPTIONS FROM COVERAGE Thin policy does not insure against loss a damage (arid the Company will not pay costs. attorneys' fees or expenses) which arise by reason of 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes of assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any fads. rinds, interests a claims which are nit shaven by the public records but which could be ascertained by an inspection of the land or Mich may be asserted by persons in possession thereof . 3. Easements, tiers or encumbrances, or claims Ihereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are riot shown by the public records. 5 (a) Unpatented mining claims, (b) reservabo s a exceptions in patents or in Ads authorizing the issuance thereof: (c) water rights, claims or title to water, whether a not the matter s excepted under (a). (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06117/(16) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and Itte Company will not pay loss a damage, costs, attorneys' fees. or expenses that arise by reason of 3 of 6 ORDER NO 40801648 -40 1. (a) Any law, ordinance, permi a goverrxnemal regulation (mucitrig those relating to building and zoning) restricting regulating, prohibiting. a relating to the occupancy, use. or enjoyment of the Land: (f) the character, dimensions, or location of any improvement erected on the Land, (a) the subdivision of land; or (N) environmental protection: a the effect of arry violation of these laws, ordinances, a governmental regulaborts. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify a limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims. or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and nit disclosed in writing to the Company by the Insured Claimam prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss a damage to the Insued Claimant: (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided underCovered Risk 11. 13, or 14): or (e) resulting in loss a damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unatorceabitity of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state wtiere the Lard is situated. 5. Invalidity or unenfaceabdity in whale or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or trvtlrm- lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer. or (b) a preferential transfer for arry reason not stated in Covered Risk 13(b) or this policy. 1. Any lien on the Title for real estate taxes or assessments imposed by governmental auhaity and created a attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify a limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage , the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage. EXCEPTIONS FROM COVERAGE This policy does not insure against loss a damage (arid the Company will not pay costs, attorneys fees or expenses) that arise by reason of 1. (a) Taxes or assessments that are rat sham as existing liens by the records of any taxing authority that ladies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments. or notices of such proceedings, whether or nit shown by the records of such agency or by the Public Records. 2. Any facts, njuts, interests, or claims that are riot shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by paws in possession of the Land. 3. Easements, liens a encumbrances, or claims thereof, not shown by the Public Records. Any encroachment. encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Lard and not show by the Public Records. (a) Unpatented miring claims: (b) reservations a exceptiors in patent or in Acts authorizing the issuance thereof: (c) water rights, claims a title to werer, whether a not the matters excepted under (a). (b). or (c) are shown by the Public ALTA ONMER'S POLICY (10117192) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any lax, ordinance a governmental regulation (including but not limited to building and z"g laws, ordinances, or regulations) restricting, regulating, prohibiting a relating to (i) the occupancy. use, or enjoyment of the land: (i) the charades, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership a a change in the dimensions or area of the land or any parcel of which the land is or was a part or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation a alleged violation affecting the land has been recorded in the public records at Dale of Policy. (b) Any govenunental police power not excluded by (a) above, except to the extent duet a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation a alleged violation affectirig the lard has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the riffs of a purchaser for value without knowledge. 4 of 6 ORDER NO 40801648 -40 3. Defects, liens, encumbrances, adverse claims or other matters : (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and rat disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss a damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights lows, that is based on: () the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, a (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except wher e the peferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss a damage (and the Company will not pay costs, attorneys fees or expenses) which arise by reason of 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether a not shown by the records of such agency or by the public records. 2. Any fads, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land a which may be asserted by persons in possession thered. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public ecords. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other fads which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpahented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are show by the public records. 2006 ALTA OWNER'S POLICY (06117106) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land, (i) the character, dimensions, or location of any improvement erected on the Lard, (ii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 a 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, a agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in Wing to the Company by the Irsured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modffy or limit the coverage provided under Covered Risk 9 and 10), or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5 of 6 ORDER NO 40801648 -40 5. Any lien on the Tile for real estate taxes a assessments imposed by governmental authority, and created or attaching bet amen Date of Policy and the date of recording of the deed a other instrument of transfer in the Pubic Records that vests Tile as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage a Extended Coverage. In addition to he above Exclusiors frorn Coverage, the Exceptions from Coverage in a Standard Coverage pokcy will also include the following Exceptions fmm Coverage. EXCEPTIONS FROM COVERAGE This policy does not insure against kss or damage (and ttre Compaq will nit pay costs, altomeys' fees or expenses) that arise by reason of 1. (a) Taxes or assessments that are not shown as existing liens by the records of arty taxing authority that levies taxes or assessments on real property or by the Public Records, (b) proceedings by a pubic agency that may result in taxes or assessments, a notices of such proceedings, whether or not shown by the records of such agency a by the Public Records. 2. Any fads . rights, interests, a claims that am not shove in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens a encumbrances, or clams thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Tale that would be disclosed by an accurate and complete lard survey of the Land and that we not shown by the Public Records. 5 (a) Unpatented mining claims, (b) reservation or exceptions in patents or in Acts authorizing the issuance thereof, (c) water warts, claims or tale to voter or not the matters excepted under (a), (b). or (c) we show by the Public Records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (141301) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which wise by reason of: 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating prohibiting or relating to () the occupancy, use, a enjoyment of the Land, (a) the character. dimensions or location of any improvement now or hereafter erected on the Land: (iii) a separation in ownership or a change in the dimensions or areas of the Land a any parcel of which the Land is a was a pat or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governvnenthl regulations, except to the extent that s notice of the enforce nent thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any gover nmental police paver not excluded by (a) above, except to the extent that a ratice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation a alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not lima the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy . 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy but rot excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters. (a) created, suffered, assumed or agreed to by the Insured Claimant (b) not Known to the Company, not recorded in the Public Records al Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy : (c) resulting In no loss or damage to the Insured Claimant (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24. 25 and 26). a (e) resulting m loss or damage which would not have been sustained it the Insured Claimant had paid value for the Insured Mortgage. 4. Unenfarceability of the lien of the Insured Mortgage because of the inability a failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the stale in which the Lard is situated. 5. Invalidity or unenforceabilty of the hen of the Insured Mortgage, a clam thereof. which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection a truth in lending law. 6. Real property taxes a assessments of any governmental authority which become alien on the Land subsequent to Date of Policy. This exclusion does not lima the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any clam of invalidity, uneriarceabtity a lack of priority of the lien of the Insured Mortgage as to advances a modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8 Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the tale, the existence of which are Known to the Insured at (a) The time of the advance; a (b) The bme a modification is made to the terns of the Insured Mortgage which changes the rate of interest charged, it the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 6 of 6 UNITED TITLE COMPANY 8880 RIO SAN DIEGO DRIVE, SUITE 100 SAN DIEGO, CA 92108 MARCH 31, 2008 MARK D. BOBO KRISTY R. BOBO 1566 RUBENSTEIN AVENUE (CARDIFF AREA) ENCINITAS, CA RE: 1566 RUBENSTEIN AVENUE (CARDIFF AREA) ENCINITAS ORDER NO. 40801648 -40 DEAR OWNER(S): THE STAFF AND MANAGEMENT OF UNITED TITLE COMPANY WOULD LIKE TO THANK YOU FOR SELECTING OUR OFFICE TO PROVIDE THE TITLE INSURANCE POLICY FOR YOUR CURRENT REAL ESTATE SALE OR REFINANCE TRANSACTION. A PRELIMINARY REPORT IS BEING PREPARED AND WILL BE USED BY YOUR ESCROW HOLDER (AND LENDER, IF ONE IS INVOLVED) TO FACILITATE YOUR TRANSACTION. SHOULD YOU, AS THE PROPERTY OWNER, HAVE NO AWARENESS OF THIS SALE OR REFINANCE TRANSACTION, PLEASE CALL THE UNDERSIGNED AS SOON AS POSSIBLE. AS AN ADDITIONAL MATTER, WE WOULD LIKE TO POINT OUT THAT A COPY OF OUR PRIVACY POLICY NOTICE IN COMPLIANCE WITH THE REQUIREMENT OF THE GRAMM- LEACH- BLILEY ACT IS ENCLOSED. SINCERELY, M i ke West MIKE WEST TITLE OFFICER (800) 424 -8821 (619) 542 -7185 FAX e � L� M s i a9, ortcq c M 0 s N•w eo9N as o. ae sNr 2 of 3 1. 15800 (fENO) Ise) 2 Y6EE99 AuBENSrEiN AVE 'JOC92- 6!0929 260-08 SHT 2 OF OF 3 � x02: ✓um -!I eeRl(51,1[L n pQl&E .s5f3L MAP 14656- ENCINITAS TCT NO 99 -220 MAP 2163 - RIDGEWAY HEIGHTS SEC 22 -TI3S-R4W - POR NW 1.4 ROS 1193, 4416 ,5438,9608,9985,10436,11124, 14708,16225,18140 x m z 0 0 ao O r ,P OJ O M.U. ®Oromm mpffm!7rlJC1; nm r..'s7ssCmf9em 3mc m® m m"d m1= mmmmEa3 m>zc!�In�3� r.►re7e�Trarf�l mm ®^gym �L7E7"T!711dJ ►!9�i�Jl- f�di�J rnmrlinsnnW�re� rnc�r�nua� ov�rx3�m 0 ®0©903 ImEm1im0ms 9mm ®mm 9m0 09MEM0EU ®0c3 I MEN =. 00 E3®�CIM ov =mcm mmmmmm x02: ✓um -!I eeRl(51,1[L n pQl&E .s5f3L MAP 14656- ENCINITAS TCT NO 99 -220 MAP 2163 - RIDGEWAY HEIGHTS SEC 22 -TI3S-R4W - POR NW 1.4 ROS 1193, 4416 ,5438,9608,9985,10436,11124, 14708,16225,18140 x m z 0 0 ao O r ,P OJ O If) 7 97 a ii This map is not a survey. It's merely a convenience to juxtapose the land to adjoining streets and other lands and not to guarantee any dimension, bearings, or acreage. ORDER NO 40801648 -40 v bi-osa ® a° W �y ^1 4_ SM J Q 1 WN 2q $r N i W W Q N 6 r � �N2 �❑ z J u � l�J � N ZFl IZ �1 x v U �o W)_ IC N(]!T N C rl � Is MMES SV P This map Is not a survey. It's merely a convenience to Juxtapose the land to adjoining streets and other lands and not to guarantee any dimension, bearings, or acreage. United Title Company 8880 Rio San Diego Drive, Suite 100, San Diego. Ca 92108 PRELIMINARY REPORT Property Address: 1566 Rubenstein Avenue (Cardiff Area), Encinitas, CA In response to the application for a Policy of Title Insurance, United Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the dale 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 and/or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy fors. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies of Title Insurance are set forth in Addendum A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that 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. 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 Addendum A. Copies of the Policy fors should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Addendum A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the Policy or Policies of Title Insurance and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy or Policies of Title Insurance, a Binder or Commitment should be requested. Dated as of March 20, 2008, at 7:30 a.m. M i ke West Mike West Title Officer Our Order No.: 40801648 - 40 Your Reference: Bobo Remax Associates 1509 Encinitas Blvd. When Replying Please Contact Encinitas, Ca 92024 United Title Company Ann.: MARK BOBO 8880 Rio San Diego Drive, Suite 100 San Diego, Ca 92108 (800) 424-8821 (619) 542 -7185 Fax Attn.: Mike West Property Address: 1566 Rubenstein Avenue (Cardiff Area), Encinitas, CA In response to the application for a Policy of Title Insurance, United Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the dale 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 and/or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy fors. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies of Title Insurance are set forth in Addendum A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that 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. 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 Addendum A. Copies of the Policy fors should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Addendum A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the Policy or Policies of Title Insurance and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy or Policies of Title Insurance, a Binder or Commitment should be requested. Dated as of March 20, 2008, at 7:30 a.m. M i ke West Mike West Title Officer ORDER NO 40801648 -40 SCHEDULE A 1. 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: MARK D. BOBO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 86% INTEREST AND KRISTY R. BOBO, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY AS TO UNDIVIDED 14% INTEREST, AS TENANTS IN COMMON. 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF [ai 7e Ca: EXHIBIT "A" THAT PORTION OF LOT 14 OF RIDGEWAY HEIGHTS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JULY 3, 1929, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE SOUTH 23 012' EAST ALONG THE WESTERLY LINE OF SAID LOT, 33.3 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 23 012' EAST 32.95 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, SOUTH 67 004'00" EAST 317.91 FEET TO THE SOUTHERLY CORNER OF SAID LOT 14, SAID POINT BEING ON THE NORTHWESTERLY LINE OF RUBENSTEIN AVENUE AS SAID AVENUE IS SHOWN ON MAP NO. 2163; THENCE NORTH 18 013120" EAST ALONG THE EASTERLY LINE OF SAID LOT 110 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 81 043'23" WEST 342.67 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT; THENCE NORTH 18 013'20" EAST ALONG THE SOUTHEASTERLY LINE THEREOF TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 15 FEET NORTHEASTERLY OF, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF SAID LOT 14; THENCE NORTH 67 °04'00" WEST ALONG THE SAID PARALLEL LINE TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 105 FEET NORTHWESTERLY OF MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTH 18 013'20" EAST ALONG SAID PARALLEL LINE TO AN INTERSECTION WITH THE NORTHERLY LINE OF LAND DESCRIBED IN A DEED TO WILLIAM A. MARTIN, ET UX, RECORDED, AUGUST 6, 1957, IN BOOK 6694, PAGE 362, OF OFFICIAL RECORDS; THENCE NORTH 81 043'23" WEST ALONG SAID 23 012' EAST ALONG SAID SOUTHWESTERLY LINE 32.95 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 67 004'00" EAST 317.91 FEET TO THE POINT OF BEGINNING. -3- ORDER NO 40801648 -40 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1 2 t3 4 PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2008 -2009 WHICH ARE A LIEN NOT YET PAYABLE. PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR PRORATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR 2007 -2008 1ST INSTALLMENT: $463.73 2ND INSTALLMENT: $463.73 EXEMPTION: $7,000.00 LAND: $41,713.00 IMPROVEMENTS: $20,816.00 PERSONAL PROPERTY: $0.00 CODE AREA: 19006 PARCEL NO.: 260 - 083 -18 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. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. -4- ORDER NO 40801648 -40 3 COVENANTS, CONDITIONS AND RESTRICTIONS AS SET FORTH IN THE DOCUMENT RECORDED: AUGUST 9, 1945 IN BOOK 1920, PAGE 232, OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT OR RESTRICTION BASED UPON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT (A) IS EXEMPT UNDER TITLE 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY. AMOUNT: $581,250.00 DATED: NOVEMBER 19, 2007 TRUSTOR: MARK D. BOBO AND KRISTY R. BOBO, HUSBAND AND WIFE TRUSTEE: PROVIDENT FINANCIAL CORP., A CALIFORNIA CORPORATION BENEFICIARY: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ( "MERS ") ACTING SOLELY AS A NOMINEE FOR PROVIDENT SAVINGS BANK, F.S.B., A FEDERAL CORPORATION, AND ITS SUCCESSORS AND ASSIGNS ORIG. LOAN NO: 352- 89066237 RECORDED: NOVEMBER 30, 2007 AS DOCUMENT NO. 2007- 0746433, OF OFFICIAL RECORDS. -5- ORDER NO 40801648 -40 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY. AMOUNT: $77,500.00 DATED: NOVEMBER 26, 2007 TRUSTOR: MARK D. BOBO AND KRISTY R. BOBO, HUSBAND AND WIFE AS JOINT TENANTS TRUSTEE: AMERICAN SECURITIES COMPANY BENEFICIARY: WELLS FARGO BANK, N.A., ORIG. LOAN NO: REFERENCE: 20073103610729 ACCOUNT: 650- 650 - 7659501 -OXXX RECORDED: NOVEMBER 30, 2007 AS DOCUMENT NO. 2007- 0746434, OF OFFICIAL RECORDS. IF THIS DEED OF TRUST SECURES A CREDIT LINE AND IS TO BE RECONVEYED THROUGH THIS TRANSACTION, THE REQUIREMENT THAT UNITED TITLE COMPANY WILL BE FURNISHED PRIOR TO RECORDING WITH: (1) A WRITTEN STATEMENT THAT THE ACCOUNT IS FROZEN; AND (2) A WRITTEN REPRESENTATION THAT TO THE BEST OF THE BORROWER'S KNOWLEDGE THE AMOUNT REFLECTED IN THE DEMAND INCLUDES ALL SUMS ADVANCED TO THE BORROWERS UNDER THE LINE OF CREDIT, UP TO THE DATE THE ACCOUNT WAS FROZEN BY THE LENDER; AND (3) A WRITTEN PROMISE TO PAY TO THE LENDER ANY SUMS OWED UNDER THE LINE OF CREDIT, BUT WHICH ARE NOT REFLECTED IN THE LENDER'S PAYOFF DEMAND. 8. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE 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: ALL PARTIES TO THIS TRANSACTION (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) ORDER NO 40801648 -40 UNITED TITLE COMPANY --------------- ------- NOTES ---------------------- UNITED TITLE COMPANY - GENERAL INFORMATION 9. CALIFORNIA INSURANCE CODE 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 VIA WIRE TRANSFER MAY BE DISBURSED UPON RECEIPT. FUNDS DEPOSITED WITH THE COMPANY VIA CASHIER'S OR TELLER'S CHECKS DRAWN ON A CALIFORNIA -BASED BANK MAY BE DISBURSED 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 AND /OR ITS PARENT 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 AND /OR ITS PARENT COMPANY. THOSE BENEFITS MAY INCLUDE, WITHOUT LIMITATION, CREDITS ALLOWED BY SUCH FINANCIAL INSTITUTION ON LOANS TO THE COMPANY AND /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. IF FUNDS ARE TO BE DEPOSITED WITH UNITED TITLE COMPANY BY WIRE TRANSFER, THEY SHOULD BE WIRED TO THE FOLLOWING BANK /ACCOUNT: COMERICA BANK 2321 ROSECRANS AVENUE, SUITE 5000 EL SEGUNDO, CA 90245 * ACCOUNT NO.: 1891611541 ABA NO.: 121137522 REFERENCE: 40801648 -40 SHOULD THIS OFFICE BE REQUIRED TO WIRE FUNDS OUT AT CLOSE OF ESCROW, PLEASE BE ADVISED THAT WIRING INSTRUCTIONS SHOULD BE RECEIVED AS SOON AS POSSIBLE. A SERVICE CHARGE WILL BE ASSESSED FOR ALL FUNDS DISBURSED BY THIS COMPANY BY OUTGOING WIRE TRANSFER. -7- ORDER NO 40801648 -40 10. NOTE: IF A 1970 ALTA OWNER'S OR LENDER'S OR 1975 ALTA LEASEHOLD OWNER'S OR LENDER'S POLICY FORM HAS BEEN REQUESTED, THE POLICY, WHEN APPROVED FOR ISSUANCE, WILL BE ENDORSED TO ADD THE FOLLOWING TO THE EXCLUSIONS FROM COVERAGE CONTAINED THEREIN: LOAN POLICY EXCLUSION: ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (i) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (ii) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OF EQUITABLE SUBORDINATION; OR (iii)THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (a) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (b) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. OWNER'S POLICY EXCLUSION: ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED, THE ESTATE OR INTEREST INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (i) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (ii) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (a) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (b) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. 11. THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE SHORT -TERM RATE. 12. NOTE: IF THE POLICY TO BE ISSUED IN THIS TRANSACTION IS THE CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY, DEDUCTIBLES AND MAXIMUM DOLLAR LIMITS FOR COVERED RISKS NO. 14, 15, 16 AND 18 ARE APPLICABLE. YOUR TITLE OFFICER SHOULD BE CONSULTED IF YOU HAVE ANY QUESTIONS. ORDER NO 40801648 -40 13. NOTE: A COPY OF THIS COMPANY'S PRIVACY POLICY NOTICE IS ATTACHED HERETO FOR YOUR REVIEW. IF, FOR ANY REASON, YOU DO NOT FIND IT ATTACHED AND YOU WISH TO REQUEST A COPY, PLEASE CALL OUR TOLL - FREE NUMBER: (800) 464 -4882. 1Vi7_11jam el 14. THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. THIS COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP_ m ORDER NO 40801648-40 t� nFrmc�tac000nnnnran�on� �;�DFE���'�+ED�AGIIIIIIIUUIIII IQ. N t GA u* O Y CY �$ e ° O *,i ao -o�z e .y n� M1 8 m N P WS° N m P Y Lit U� Q ioN (mII 1)Z •� O NOa o• W^ a � •�� ,��ry is ��'�y9 IJ i 2@) M�.f p �� 8 •�N \\ S6 go r y SCI" :E This map is not a survey. It's merely a convenience to juxtapose the land to adjoining streets and other lands and not to guarantee any dimension, bearings, or acreage. ORDER NO 40801648 -40 United Capital Title Insurance Company, United Title Company, First California Title Company, Land Title of Nevada, Inc., United Title Agency, 1031 Exchangepoint Privacy Policy Notice We are committed to safeguarding customer information; When we request information from you or about you, it is for our own legitimate business purposes and not for the benefit of any unaffiliated party; We use personal consumer information only for legitimate business purposes in a manner consistent with title insurance and escrow practices in compliance with applicable laws and regulations; We will obey the laws governing the collection, use, and dissemination of personal data; and We will endeavor to educate our employees on the responsible collection and use of personal information. 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WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. 09-003 ROAD WORK Depresses Curb ESTIMATE FOR GRADING PERMIT $24.00 Grading Permit No.: 927 -G CDP No.: 08- 003CDP CG No.: Engineer: Dennis Furman Masonry Retaining Walls 615 SF $28.00 $17,220 P.C.C. Drive Way 470 CITY OF ENCINITAS $5.00 ITEM QUANTITY UNIT UNIT PRICE FOR BONDING COST EARTHWORK $0 EROSION CONTROL Cut/Fill 124 CY $20.00 $2,480 Export/Import 68 CY $28.00 $1,904 Other(Specify) 0 Sift Fence $0.00 $0 $2.50 0 $0.00 $0 10% Contingency $4,500 10% Contingency $400 Subtotal $49,800 Subtotal $4,800 DRAINAGE $54,600 G 12" or less 173 LF $37.00 $6,401 Area Drains 5 EA $50.00 $250 Infiltration Basin 1 LS $5,000.00 $5,000 Roadside Swale 100 LF $110.00 $11,000 ROAD WORK Depresses Curb 95 LF $24.00 $2,280 SURFACEIMPROVEMENTS Masonry Retaining Walls 615 SF $28.00 $17,220 P.C.C. Drive Way 470 SF $5.00 $2,350 $0 EROSION CONTROL Slope Planting (Ground Cover 1108 SF $0.44 $489 Gravel Bags 150 EA $0.71 $107 Sift Fence 75 LF $2.50 $188 10% Contingency $4,500 Subtotal $49,800 Total $54,600 G Q�pFESS /p�_ E ATE PREPARED BY: Dennis Furman R. F� q Y Y No.0032391 z ' EXP.12 /31/ ' Sr��OF CAl1FC�P Report of Field Observations and Relative Compaction Tests Results Proposed Residential Site 1566 Rubenstein Cardiff -By- The -Sea, CA Job No. 08- 5505 -FC August 29, 2008 Prepared for: Mr. Mark Bobo 2367 Manchester Avenue, #B Cardiff -By- The -Sea, CA 92007 Prepared bv: C. W. La Monte Company, Inc. 4350 Palm Avenue, Suite 25 La Mesa, California 91941 TABLE OF CONTENTS PROPOSED CONSTRUCTION .................................. ............................... SITEDESCRIPTION ................................................... ............................... SOIL CONDITIONS .................................................... ............................... GROUNDWATER ...................................................... ............................... SITEPREPARATION .................................................. ............................... FIELD OBSERVATION AND TESTING ................... ............................... SEISMIC DESIGN PARAMETERS ............................ ............................... Uniform Building Code Design Information ............. ............................... Maximum Bedrock Acceleration ............................... ............................... LABORATORY TESTS .............................................. ............................... CONCLUSIONS........................................................... ............................... RECOMMENDATIONS .............................................. ............................... Foundations............................................................... ............................... General.................................................................. ............................... Dimensions and Embedment ................................ ............................... SoilBearing Value ................................................ ............................... Lateral Load Resistance ........................................ ............................... Foundation Reinforcement .................................... ............................... Anticipated Settlements ........................................ ............................... Foundations Setback from Top of Slopes ............. ............................... Foundation Excavation Observation ..................... ............................... Concrete Slabs -on- grade ............................................ ............................... General.................................................................. ............................... Slab Reinf orcement ............................................... ............................... Interior Slab Curing Time ...................................... ............................... Design Parameters for Earth Retaining Structures ..... .............................., ActivePressure ...................................................... ............................... Passive Pressure ..................................................... ............................... Backf ill................................................................... .............................., Site Drainage Considerations ..................................... ............................... SUMMARY................................................................... ............................... Attachments Figure No. 1 Plot Plan Figure No. 2 Field Density Tests — House Pads Figure No. 3 Laboratory Test Results Figure No. 4 Foundation Setback from Slopes Appendix A Wet Weather Maintenance 4 4 .............5 .............5 .............5 .............6 .............6 .............6 .............6 .............6 .............7 ............. 7 ............. 7 ............. 7 ............. 7 .............7 ............. 7 ............. 8 .............8 .............8 .............9 .............9 .............9 .............9 .............9 .............9 .............9 ...........10 ...........10 ...........10 ...........11 C W Le Monte Company Inc. Soil and Foundation Engineers 4350 PALM AVENUE, SUITE 25 Phone: (619) 462 -9861 August 29, 2008 TO: Mr. Mark Bobo 2367 Manchester Avenue, #B Cardiff-By-The-Sea, Ca. 92007 LA MESA, CALIFORNIA 91941 Fax: 462 -9859 Job No. 08- 5505 -FC SUBJECT: Report of Field Observation and Relative Compaction Tests Results Proposed Single Family Residence Site 1566 Rubenstein Cardiff -By- The -Sea, Ca. 92007 REFERENCES: Report of Limited Geotechnical Investigation, Residential Remodel and Addition, 1566 Rubenstein, Cardiff -By- The -Sea, by C.W. La Monte Co Inc dated February 25, 2008. Dear Sirs: In accordance with the developers' request, this report has been prepared to present the results from the field observations and relative compaction tests performed at the subject site by C.W. La Monte Company, Inc. These services were performed for the rough grading between August 25 through 29, 2008 and included observation and testing during grading of the residential structure building pad. PROPOSED CONSTRUCTION It is our understanding that the site is being developed to receive one single - family residence. The structure will be up to two- stories in height. It is our understanding the residential structure will be wood frame construction and will be founded on conventional shallow foundations with concrete slab -on -grade and/or wood floors. SITE DESCRIPTION The project site consists of a rectangular shaped parcel of land, located along the west side of Lake Drive in the community of Cardiff -By- The -Sea area of the County of San Diego. Single family residences abut the property on the north, west and south sides. The project site, prior to this grading consisted of marine terrace gently sloping to the west. Elevations on the site range from a high near 172 feet above mean sea level to a low of Job No. 08- 5505 -FC August 29, 2008 approximately 162 feet near the southwest corner of the property. AVAILABLE PLANS To assist in determining the location and elevations of our field density tests and to define the general extent of the site grading for this phase of work, the owner provided us with grading and improvement plans. SOIL CONDITIONS Prior to this grading, the undeveloped portion of the site was overlain with approximately 1 to 3 feet of loose topsoil, consisting of brown, silty sands. The topsoils are underlain with dense marine terrace soils consisting of yellow to red orange, silty fine to medium cemented sands. GROUND WATER No groundwater was encountered during site grading. However, it should, be kept in mind, that any required grading operations may change surface drainage patterns and/or reduce permeability's due to the densification of compacted soils. Such changes of surface and subsurface hydrologic conditions, plus irrigation of landscaping or significant increases in rainfall, may result in the appearance of surface or near- surface water at locations where none existed previously. The damage from such water is expected to be minor and cosmetic in nature, if good positive drainage is implemented at the completion of construction. Corrective action should be taken on a site - specific basis if, and when, it becomes necessary. SITE PREPARATION Prior to grading, vegetation in the proposed building area was removed. Minor amounts of vegetation that remained after the clearing operation was mixed with the on site soils in such a manner as not to leave any clumps of deleterious matter or to be detrimental to the structural fill. Prior to the placement of fill soil a "Key" excavation was constructed along the toe of the proposed building pad fill and undercut. The loose surficial materials were removed before the key areas were raised in elevation. Removal excavations were prepared to receive fill by scarifying to a depth of approximately 6 inches, moisture conditioning, and recompacting the soils to at least 90 percent of their maximum dry densities. All fill material, was obtained from a legal borrow sit or on -site excavations and consisted primarily of very low expansive, fine to medium sands and some cemented concretions. The fill was placed in approximate eight inch layers, watered to above optimum moisture contents, and compacted to at least 90 percent relative compaction by means of track rolling with heavy construction equipment. As the fill was raised in elevation, benches were placed into the ten-ace to remove any loose top soils and expose dense natural ground. Refer to the test listings and attached plot plans for the location of placed slopes and fill materials. Job No. 08- 5505 -FC August 29, 2008 FIELD OBSERVATION AND TESTING A representative of C.W. La Monte Company, Inc. while present during the grading operations performed observations and field density tests. The density tests were taken according to A.S.T.M. Test 1556 -90 guidelines and the results of these tests are shown on the attached Table 1. The accuracy of the in -situ density test locations and elevations is a function of the accuracy of the survey control provided by other than C.W. La Monte Company Inc. representatives. As used herein, the term 'observation" implies only that we observed the progress of work we agreed to be involved with, and performed tests, on which, together, we based our opinion as to whether the work essentially compiles with the job requirements, City of Encinitas grading ordinances and the Uniform Building Code. SEISMIC DESIGN PARAMETERS Uniform Building Code Design Information Seismically related design parameters obtained from the Uniform Building Code (UBC) 1997 edition, Volume II, Chapter 16, are presented below in Table. These design factors are based on subsurface soil and bedrock conditions and distance of the site from known active faults. SEISMIC DESIGN PARAMETERS UBC Chapter 16 Table No. Seismic Parameter Recommended Value 16 -I Seismic Zone Factor 4 0.40 16 -J Soil Profile Type & 16 -Q Seismic Coefficient C. 0.40 N, 16 -R Seismic Coefficient C, 0.65 N„ 16 -S Near Source Factor N. 1.0 16 -T Near Source Factor N,, 1.2 16 -U Seismic Source Type C Maximum Bedrock Acceleration Based upon a Maximum Magnitude Earthquake of 7.2 magnitude along the nearest portion of the Rose Fault Zone, the Maximum Bedrock Acceleration at the site is estimated to be 0.24 g. For structural design purposes, we recommend a damping ratio not greater than 5 percent of critical dampening. LABORATORY TESTS Maximum dry density determinations were performed on representative samples of the Job No. 08- 5505 -FC August 29, 2008 soils used in the compacted fills according to A.S.T.M. Test 1557 -91, Method A guideline. The results of these tests, as presented on table 2, were used in conjunction with the field density tests to determine the degree of relative compaction of the compacted fill. The Expansion Index of the foundation soil was evaluated by UBC 18 -1. The expansion potential of foundation soil was visually classified as possessing a low expansion potential. CONCLUSIONS Based on field observation and the density test results, it is the professional opinion of C.W. La Monte Company Inc., that the grading was performed basically in accordance with the city of Encinitas Ordinances and the County of San Diego Grading Ordinance and the CBC. RECOMMENDATIONS Based on our observations and testing during the subject grading operations we offer the following recommendations concerning the proposed residential development. Foundations General Based on the findings of our investigation, it is our opinion the proposed structure on the lot may be supported by conventional continuous and isolated spread footings. The on -site materials are anticipated to possess a very low expansive potential of the prevailing soils, and therefore, no minor special consideration and design for heaving soils will be required. Dimensions and Embedment Conventional shallow foundations may be utilized in the support of the proposed structure. Footings supporting the single story structures should be embedded at least 12 inches below finish pad grade. Continuous and isolated footings should have a minimum width of 12 inches and 24 inches, respectively. Two story structures require an 18 deep footing and 15- inch minimum width per the Uniform Building Code. Soil Bearing Value A bearing capacity of 2000 psf may be assumed for said footings when founded a minimum of 12 inches into properly compacted fill or firm natural ground. This bearing capacity may be increased by one - third, when considering wind and/or seismic loading. Lateral Load Resistance Lateral loads against foundations may be resisted by friction between the bottom of the footing and the supporting soil, and by the passive pressure against the footing. The coefficient of friction between concrete and soil may be considered to be 0.35. The passive resistance may be considered to be equal to an equivalent fluid weight of 250 pounds per cubic foot. This assumes the footings are poured tight against undisturbed soil. If a combination of the passive pressure and friction is used, the friction value should be reduced by one - third. Job No. 08- 5505 -FC August 29, 2008 Foundation Reinforcement It is recommended that continuous footings be reinforced with at least four No.4 steel bars; two reinforcing bars shall be located near the top of the foundation, and two bars near the bottom. The steel reinforcement will help prevent damage due to post construction settlement and heaving, resulting from variations in the subsurface soil conditions. This recommendation does not supersede reinforcement required for structural considerations. Anticipated Settlements Based on our experience with the soil types on the subject site, the soils should experience settlement in the magnitude of less than 0.5 inches. It should be recognized that minor hairline cracks normally occur in concrete slabs and foundations due to shrinkage during curing and/or redistribution of stresses and some cracks may be anticipated. Such cracks are not necessarily an indication of excessive vertical movements. Foundations Setback from Top of Slopes Soils comprising a compacted fill slope face are subject to down slope creep and/or lateral "relaxation ", even though properly placed and compacted. For this reason foundations and footings when located within seven feet from the top of slopes, require special foundation design. Foundations and footings of proposed structures, walls, et cetera, when located within seven feet from the top of slope, shall be deepened so the bottom, outside edge of the foundation is 7 feet to "daylight" (the ground surface) in the slope face. The table below provides a sample of recommended foundation embedments, based on the distance of the footing from the top of slope, the angle of the slope face, and a minimum required embedment depth of 12 inches. TABLE 1 Foundation Distance From Top of Slope Slope Ratio 1.5:1 2:1 0 70" 54" 2' 54" 42" 4' 40" 30" 6' 30" 24" T or more 18" 18" Job No. 08- 5505 -FC August 29, 2008 Transition Conditions A transition condition occurs when a structure is partially founded on cuts into dense bedrock, and partially on compacted fill. Structures founded on such transition conditions can undergo minor distress as a result of differential settlement between portions of the structure founded on undisturbed natural ground and portions on fill materials. Although the fills may be properly placed and compacted, they possess a considerably greater potential for anticipated post construction settlement then the denser, natural ground. Such distress can manifest itself as minor wall, slab and foundation cracking. Foundation Excavation Observation The General Contractor prior to placing reinforcing steel and formwork in order to verify compliance with the foundation recommendations presented herein should observe all foundation excavations. All footing excavations should be excavated neat, level and square. All loose or unsuitable material should be removed prior to the placement of concrete. Concrete Slabs -on -grade General Concrete floor slabs, if used, shall be a minimum thickness of four inches and shall be underlain by two inches of clean, washed sand overlying 10 mil visqueen, overlying an additional two inches of clean sand. Slab Reinforcement The slabs should be reinforced with a minimum of #3 reinforcing bars placed at 18 -inch centers, each way. The reinforcement should be placed on concrete 'chairs" or spacers, to within the middle third of the slab. Interior Slab Curing Time Following placement of concrete floor slabs, sufficient drying time must be allowed prior to placement of floor coverings. Premature placement of floor coverings may result in degradation of adhesive materials and loosening of the finish floor materials. Prior to installation, standardized testing can be performed to determine if the slab moisture emissions are within the limits recommended by the manufacturer of the specified floor - covering product. Design Parameters for Earth Retaining Structures Active Pressure The active earth pressure to be used in the design of retaining walls with level backfill shall be assumed to be equivalent to the pressure of a fluid weighing 35 pcf (pounds per cubic foot) for unrestrained condition. An additional 13 pounds per cubic foot should be added to said value for 2:1 (horizontal to vertical) sloping backfill. These pressures do not consider any other surcharge. If any are and anticipated, this office should be contacted for the necessary increase in soil pressure. These values assume a drained backfill condition Job No. 08- 5505 -FC August 29, 2008 using on -site silty material. The pressure value can be lowered if approved granular material is used as backfill. The project architect should provide waterproofing details. Retaining walls that are not waterproofed and properly drained are potentially subject to cosmetic staining (such as efflorescence), surficial spalling and decomposition and excessive moisture emissions. It is the contractor responsibility to ensure that Extreme care is exercised during placement of foundation steel and/or waterproofing materials. Passive Pressure The passive pressure for the prevailing soil conditions may be considered to be 300 pounds per square foot per foot of depth. This pressure may be increased one -third for seismic loading. The coefficient of friction for concrete to soil may be assumed to be 0.35 for the resistance to lateral movement. When combining frictional and passive resistance, the friction should be reduced by one - third. The upper 12 inches of exterior retaining wall footings should not be included in passive pressure calculations where abutted by landscaped areas. Backfill All backfill soils should be compacted to at least 90% relative compaction. Expansive or clayey soils should not be used for backfill material. The wall should not be backfilled until the masonry has reached an adequate strength. The use of gravel as back fill soils will eliminate the requirement for back fill testing. Site Drainaee Considerations Adequate measures shall be taken to properly finish -grade the individual sites after the additions and other improvements are in place. Drainage waters from this sites and adjacent properties are to be directed away from foundations, floor slabs and footings, onto the natural drainage direction for this area or into properly designed and approved drainage facilities. Proper subsurface and surface drainage will ensure drainage that no waters will seek the level of the bearing soils under the foundations, footings and floor slabs. Failure to observe this recommendation could result in uplift or undermining and differential settlement of the structures or other improvements on the site. In addition, appropriate erosion - control measures shall be taken at all times during construction to prevent surface runoff waters from entering footing excavations, ponding on finished building pad or pavement areas, or running uncontrolled over the tops of newly - constructed cut or fill slopes. Planter areas and planter boxes shall be sloped to drain away from the foundations, footings, and floor slabs. Planter boxes shall be constructed with a subsurface drain, installed in gravel, with the direction of subsurface and surface flow away from the Foundations, footings, and floor slabs, to an adequate drainage facility. Job No. 08- 5505 -FC August 29, 2008 SUMMARY This report covers only the services performed between August 25, 2007 through 29, 2008. As limited by the scope of the services which we agreed to perform, our opinions presented herein are based on our observations and the relative compaction test results. Our service was performed in accordance with the currently accepted standard of practice and in such a manner as to provide a reasonable measure of the compliance of the grading operations with the job requirements. No warranty, express or implied, is given or intended with respect to the services which we have performed, and neither the performance of those services nor the submittal of this report should be construed as relieving the grading contractor of his responsibility to conform with the job requirements. The firm of C.W. La Monte Co., Inc. shall not be held responsible for changes to the physical condition of the property, such as addition of fill soils or changing drainage patters, which occur subsequent to the issuance of this report. If you should have any questions after reviewing this report, please do not hesitate to contact this office. This opportunity to be of professional service is sincerely appreciated. Respectfully submitted, C.W. LA MONTE COMPANY, INC. Cliff . La onte, R.C. . 25241, G.E. 0495 I °�1�� ��1►won4_ �L L _+, tOf 1 (a-4�C Lap V 17/31/09 No. 49 T _ C07.7,4 APN 260 -083.17 SFD P2763 Y. raa rA �_ /osourrn yr I,6Q YCI,W AI Ap/I RJI ` ?l C. W. LA MONTE COMPANY, INC. . LA MONTE COMPANY, INC Soil and Foundation Engineers PARCEL 1 PM 9531 awv BLDG via S ,'UYe�nTOn /5 .� .T• w..R y;0 ` ram l a • eg � , y� aM d Site Plan Approximate Scale I " =16' wamwe 2 M see C -. QJ rein Ilbl].Q 10 L AOIJIED C erg f / n rei.r � :A&8 ess, Anwc ..0 111 DIOD01 -7 i Approximate Location of • Field Density Test Approximate Limits of Compacted Fill SUMMARY OF FIELD DENSITY TESTS Residential Remodel and Addition 1566 Rubenstein Cardiff, CA TABLE 1 RELATIVE COMPACTION TESTS ASTM D1556 -91 1 cat No. Date Laxadon Elev. (feet) or Fill Thickness Soil Type Aloisture (° /a) Dry Density e flax. Density (c % Relative Compaction 1 8/25/2008 See F e 1 2' 1 8.5 123.4 128.0 96.4 8/25/2008 See F' 1 4' 1 8.5 122.6 128.0 95.8 3 8/26/2008 See Figixre 1 6' 1 8.7 122.2 128.0 95.5 4 8/26/2008 See Fig= 8' 1 8.9 122.3 128.0 95.5 5 8/26/2008 See Figme 1 2' 1 8.5 120.9 128.0 94.5 6 8/26/2008 See Figwe 1 2' l 8.2 121.7 128.0 95.1 7 8/28/2008 See F' e I FG 1 8.1 117.5 128.0 91.8 8 8/28/2008 See Figwc I FG 1 8.2 122.3 128.0 95.5 9 8/29/2008 See F" e 1 FG I 9.0 123.4 128.0 96.4 10 8/29/2008 See Fipure 1 FG 1 9.0 1 122.8 128.0 95.9 TABLE MAXIMUM DRY DENSITY'and OPTIMUM MOISTURE CONTENT AS1'M 1957-9[ pnrnnm. ui.ntrr ..amain: n' crcit: Soil] A-pc Uc.cnpnon I Ronvn Fmc Sand 128.0 Job No. 08- 5505FC Figure Nu. 2 MAXIMUM DENSITY CURVE 145 29 140 135 Soil Type 130 a 125 x yo _ 3 120 •a _ us uo 1051 100 - 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Soil Moisture ( %) Soil Type Description Optimum Maximum Moisture ( %) Densi (Pc Broom Fine Sand 7.5 128.0 Residential Remodel and Addition C. W. LA MONTE COMPANY INC. Project: Rubenstein Car diff, CA Card Soil and Foundation Engineers Job No. 08 -5505 Figure Na. 3 1 FOUNDATION SETBACK FROM SLOPES TOP OF SLOPE FACE OF STRUCTURE TOE OF SLOPE H/2 BUT NEED NOT EXCEED 15 FT. (4572 mm) MAX. This drawing is derived from the 1997, Uniform Building Code, Chap. 18, DIV. 1, Table 18 -1 -1 C. W. La Monte Company Soil and Foundation Engineers FACE OF FOOTING H/3 BUT NEED NOT H EXCEED 40 FT. (12 192 mm) MAX. APPENDIX "A" Page 1 WET WEATHER MAINTENANCE AT RESIDENTIAL SITES* Southern Californians, unlike other residents of the nation, are unaccustomed to heavy rainfall. Whenever unusually wet weather occurs, San Diegans, particularly those living on slopes of filled land, become concerned (often unduly) about the conditions of their building site. They should not be, generally. The grading codes of the County of San Diego, and the various incorporated cities in the County, concerning filled land, excavation, terracing, and slope construction, are among the most stringent in the state, and adequate to meet almost any natural occurrence. This is the opinion of the San Diego Chapter of the California Council of Civil Engineers and Land Surveyors, whose membership help prepare and review the codes. In 1967, the local Chapter of the Califomia Council of Civil Engineers and Land Surveyors compiled a list of some precautions that homeowners can take to maintain their building sites. This updated pamphlet reiterates those precautions. Everyone is accustomed to maintaining his house. Everyone realizes that periodic termite inspections are a reasonable precaution, and that homes require a coat of paint from time to time. Homeowners are well used to checking and replacing wiring and plumbing, particularly in older homes. Roofs require occasional care. However, the general public regards the natural ground as inviolate. They ought to realize that Nature is haphazard in creation of all land, some of which becomes building sites. Nature's imperfections have been largely compensated through careful engineering design and construction and enforcement of rigorous building and lot development ordinances. It is only reasonable to assume that an improved building site requires the approximate same care that the building itself does. In most instances, lot and site care are elementary steps that can be taken by the homeowner at considerably less cost than building maintenance. As a public service, engineers in private practice of the San Diego Chapter of the California Council of Civil Engineers and Land Surveyors have compiled this pamphlet of pertinent Do's and Don'ts as a guide to homeowners. The CCCELS respectfully advises that, in offering these guides, it accept no responsibility for the actual performances of home sites or structures located thereon. *Pamphlet prepared by the San Diego Chapter of the California Council of Civil Engineers and Land Surveyors 4350 Palm Ave., Suite 25, La Mesa, CA 91941 — (619) 462 -9861 APPENDIX "A" M Page 2 Do clear surface and terrace drains with a shovel, if necessary, and check them frequently during the rainy season. Ask your neighbors to do likewise. Do be sure that all drains have open outlets. Under the right conditions, this can be tested simply on a dry day with a hose. If blockage is evident, you may have to clear the drain mechanically. Do check roof drains gutters and down spouts to be sure they are clear. Depending on you location, if you do not have roof gutters and down spouts, you may wish to install them because roofs and their wide, flat space will shed tremendous quantities of water. Without gutters or other adequate drainage, water falling from the eaves ponds against foundation and basement walls. Do check all outlets at the top of slopes to be sure that they are clear and that water will not overflow the slope itself, causing erosion. Do keep drain openings (weep - holes) clear of debris and other material that could block them in a storm. Do check for loose fill above and below your property if you live on a slope or terrace. Do watch hoses and sprinklers. During the rainy season, little, if any irrigation is required. Over- saturation of the ground is not only unnecessary and expensive, but can cause subsurface damage. Do watch for backup in interior drains and toilets during a rainy season, this may indicate drain or sewer blockage. Do exercise ordinary precaution. Your house and building site were constructed to meet certain standards that should protect against any natural occurrences, if you do your part in maintaining them. DONT'S Don't block terrace drains and brow ditches on slopes or at the tops of cut slopes on sloping ground. These are designed to carry away runoff to a place where it can be safely distributed. Generally, a little shovel work will remove any accumulation of dirt and other debris that clogs the drain. If several homes are located on the same terrace, it is a good idea to check with your neighbors. Water backed up in surface drains will tend to overflow and seep into the terraces, creating less stable slopes. Don't permit water to gather above or on the edges of slopes (ponding). Water gathering here will tend to either seep into the ground, loosening fill or natural ground, or will overflow on the slope and begin erosion. Once erosion is started, it is difficult to control and severe damage may result rather quickly. Don't connect roof drains and roof gutters and down spouts to sub-drains. Rather, arrange them so that they will flow out onto a paved driveway or the street where the water may be dissipated over a wide surface. Sub - drains are constructed to take care of ordinary subsurface water and cannot handle the overload from roofs during heavy rain. Overloading the sub - drains tends to weaken the foundations. Don't spill water over the slopes, even where this may seem a good way to prevent ponding. This tends to cause erosion and, in the case of fill, can eat away carefully engineered and compacted land. 4350 Palm Ave., Suite 25, la Mesa, CA 91941 — (619) 462 -9861 APPENDIX "A" Page 3 Don't drop loose fill slopes. It is not compacted to the same strength as the slope itself and will tend to slide with heavy moisture. The sliding may clog terrace drains below, or may cause additional damage by weakening the slope. If you live below a slope, try to be sure that no loose fill is dumped above your property. Don't discharge water into French drains close to slopes. French drains are sometimes used to get rid of excess water when other ways of disposing water are not readily available. Overloading these drains saturates the ground and, if the drains are located close to slopes, may cause slope failure in their vicinity. Don't discharge surface water into septic tanks (leaching fields). Not only are septic tanks constructed for a different purpose, but because of their size will tend to naturally accumulate additional water from the ground during heavy rain. Overloading them artificially during the rainy season is bad for the same reason as sub drains and French drains, and is doubly dangerous because their overflow can pose a serious health hazard. Don't over - irrigate slopes. Naturally, ground cover of ice plant and other vegetation will require some moisture during the hot summer months, but during the wet season, irrigation can cause ice plant and other heavy ground cover to pull loose, which not only destroys the cover, but also starts serious erosion. Planted slopes acquire sufficient moisture when it rains. Don't let water gather against foundations, retaining walls, and basement walls. These walls are built to withstand ordinary moisture in the ground and are, where necessary, accompanied by sub-drams to carry of excess. If water is permitted to pond against them, it may seep through them, causing dampness and leakage inside the basement, more important, the water pressure can cause heavy structural damage to walls. Don't try to compact backfill behind walls near slopes by flooding. Not only is flooding the least efficient way of compacting fine - grained soil, but will also undermine or tip the wall. Don't leave a hose and sprinkler remaining on or near a slope, particularly during the rainy season. This will enhance ground saturation and may cause damage. Don't block swales that have been graded around your house or the lot pad. These shallow ditches have been put there for the purpose of quickly removing water toward the driveway, street or other positive outlet. By all means, do not let water pond above blocked swales. 4350 Palm Ave., Suite 25, La Mesa, CA 91941 — (619) 462 -9861