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2004-9080 GLine: CONSULTING March 4, 2009 City of Encinitas Engineering Services Permits 505 South Vulcan Avenue Encinitas. CA 92024 A Iu I� IA AR 4 2009 RE: Engineer's Final Grading Certification for Project No. 04 -007 and Grading Permit Number 9080 -G. The grading under permit number 9080 -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 at a minimum of 1% to the street and /or an appropriate drainage system. All 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 and are operational, together with the required maintenance covenant(s). Engineer of Record �° F Dated /Y�GJ Verification by the Engineering Inspector of this fact is done by the Inspector's signature hereon and will take place only after the above is signed and stamped and will not relieve the Engineer of Record of the ultimate responsibility. Engineering Inspector. Dated PLANNING ■ DESIGN ■ CONSTRUCTION 9755 Clairemont Mesa Boulevard, San Diego, CA 92124 -1324 a 858.614.5000 ■ Fax 858.614 5001 Offices located throughout Calibrnia, Arizona & Nevada • v .RBFcom Memo To: Stephanie Till, Engineering I From: James Knowlton, Geotechnical Consultan�i Date: 07/29/04 / Re: Review of Geotechnical Report, San Elijo Avenue, APN 260 - 620 -54, Encinitas, California In response to your request, I have reviewed the following report and plan: " Geotechnical Exploration Report, Proposed Alkhag Residence, Encinitas, California ", by PSI, dated June 10,2004. "Public Improvements, APN 260 - 620 -54, San Elijo Avenue ", by Hirsch & Company, undated 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 and have reviewed the conditions of approval for the project. 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 is dated June 10, 2004 and was performed for a proposed grading plan. A improvement plan has been submitted for this site. The geotechnical consultant needs to prepare a plan review report and provide specific grading recommendations for the proposed street and onsite improvements. 2. A pavement recommendation, along with an "R- value" test should be provided with the plan review report for the improvements. • Page 1 CONSTRUCTION COST ESTIMATE San Elijo Avenue (Vacant Lot) APN 260 -620 -54 D ( Q V .O- HIRSCH & COMPANY r D ng No 4499 Ruffin Road Suite 300 I J U L 12004 San Diego, CA 92123 (858) 565 -4545 PUBLIC IMPROVEMENT$ `'L � ITEM UNIT QUANTITIES UNIT PRICE COST Mobilization LS 1 $3,000.00 3,000 Excavation CY 85 $4.10 349 Remove AC Paving SF 156 $1.50 234 Sawcut Exist. Pavement LF 52 $3.00 156 6" PCC Paving (Swale) SF 156 $4.20 655 Concrete Driveway SF 266 $3.95 1,130 Concrete Sidewalk SF 68 $3.65 248 Concrete Curb LF 14 $13.75 193 Utility Trench CY 17 $4.53 77 Export Material(6 CY Dump, 4 Mile Round Trip) CY 70 $10.00 700 Pipe Bedding CY 1 $3.60 4 1" Water Service LF 30 $26.00 780 1" Water Service per W -1 w/ Meter' EA 1 $630.00 630 4" Sewer Lateral EA 1 $577.00 577 Sewer Cleanout per S -3 EA 1 $485.00 485 Traffic Control (5% of Est. Improvement) LS 1 $293.41 293 TOTAL PUBLIC IMPROVEMENTS 10 % CONTINGENCY PUBLIC IMPROVEMENT TOTAL $9,510.12 $951.01 $10,461.13 Prepared by RCE No. 56127 Date 'Unit Prices based on Unit Price List, Effective May 1999, Unit Price List for Estimating Subdivisions and Permit Bonds RS Means 2001 Heavy Construction Cost Data VJ /LD /LYU4 ur:aa rAA ULa 692 9304 DOHINY & ASSOCIATES Im 002 /011 Jun 28 04 11:55a SINSHE R 713 -46E y29 p.2 First American Title Transmittal Dated: October 25, 2003 Jowad Alkhas 567 Anchorage Ave. Carlsbad, CA, 92009 RE: 764113 PSVS, Inc. a Texas Corporation San Elijo Avenue Encinitas CA 6120 -KED Please find enclosed Policy of Title Insurance, per your request Korey Mulvey/ Shelly Amesen Title Officer 411 Ivy Street San Diego, CA 92101 TEL: (619) 238 -1776 i. JUL 1 2004 06/29/2004 07:58 FAX 619 692 9394 Jurl 26 04 11:55a SINSHE _R Form No. 1402.92 (10/17/92) ALTA Standard Owner's Policy Western Regional Exceptions DOMINY & ASSOCIATES 713- -46r Q003/011 229 p.3 Order Number: DIV- 764113 Page Number: 1 Policy of Title Insurance ISSUED BY First American Title Insurance Company SUEUECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8 AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shovm in Schedule A, against "s or damage, not exceeding the Amount of Insurance stated In Schedule A, sustained or Incurred by the insured by reason of: 1. Title to the estate or Interest described in Schedule A being vested Omer Ulan as stated therein; 2. Any defect m or lien or encumbrance on the Utle; 3. Unmarketability, of the title; 4. tack of a right of access to and from me land. The Company will also pay the costs, attorneys' far and expenses incurred in defense of the title. as Insured, but only to the extent provided In the Conditions and Stlpulaborts. First American Tide losurance Company 6Y 4 Prt ESIDC.lj r AT-1= ;L 4 W12-� SFCRF:TAf4Y FtrstAmertcan Title U8/2a/2004 07:58 FAX 619 692 9344 Jun 2H 04 11:55a SIHSHI =R Farts No. 1402.92 (10/17192) ALTA Standard Ow eis Policy We5[(Yn Regional Exceptions Premium $1,226.00 DONINY & ASSOCIATES SCHEDULE A Amount of Insurance: $910,000.00 Date of Policy: March 28, 2003 at 3:17 P.M. 1. Name of insured: PSVS, Inc. a Texas Corporation 713 -46 '229 Q004/011 p.4 Order Number: OIV- 764113 Pape Number: 2 Policy Number: DIV- 764113 2. The estate or interest in the land which is covered by this policy is: A fee. 3. TIUe to the estate or interest in the land is vested in: PSVS, Inc. a Texas Corporation , -- 4. The land referred to in this policy is described as follows: Real property in the City of Encinitas, County of San Diego, State of California, described as follows: THE NORTHWESTERLY ONE -HALF OF THE SOUTHWESTERLY ONE -HALF (SAID DIMENSIONS BEING MEASURED ALONG THE SOUTHEASTERLY AND SOUTHWESTERLY LINES) OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE NORTH BOUNDARY LINE OF CARDIFF VILLA TRACT, ACCORDING TO THE MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, AUGUST 10, 1912, WITH THE NORTHEASTERLY LINE OF THE COUNTY HIGHWAY ROUTE 1, DIVISION 1; THENCE NORTH 31 DEGREES 28'00" WEST ALONG THE SAID HIGHWAY LINE 213.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1275.82 FEET AND A CENTRAL ANGLE OF 08 DEGREES 01'00 "; THENCE NORTHWESTERLY ALONG SAID CURVE 178.49 FEET; THENCE TANGENT TO SAID CURVE NORTH 23 DEGREES 27'00" WEST, 412.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 23 DEGREES 27'00" WEST, 100.04 FEET; THENCE NORTH 66 DEGREES 48'00" EAST, 398.71 FEET; THENCE SOUTH 23 DEGREES 12'00" EAST, 100.04 FEET; THENCE SOUTH 66 DEGREES 48'00" WEST, 398.27 FEET TO THE TRUE POINT OF BEGINNING_ First American Title vp /910ie004 U /:59 YAA 019 092 9394 DOMINY & ASSOCIATES Z 005 /011 Jun 213 04 11:55, SINSHr -R 713 -46 229 p.5 Form No. 1902.92 (10/17192) ALTA Standard Owners Policy Western Reglonal Exceptions APN: 260- 620 -54 -00 First American Title Order Number: DIV- 764113 Page Nurnoer: 3 vorzaizuu4 U1:59 FAA 1119 002 9394 Jun 28 04 11:55a SINSHE :R Form No. 1402.92 (10117192) ALTA Standard Ow ees Poliq westem Regional Exceptlor s DOMINY & ASSOCIATES 713 -46 SCHEDULE B EXCEPTIONS FROM COVERAGE [a 006/011 229 p.6 Order Number: DIV- 764113 Page Number: 4 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys, fees or expenses) which arise by reason of: PART ONE SECTION ONE 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. SECTION TWO General and special taxes and assessments for the fiscal year 2003 -2004, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement for public utilities and incidental purposes, recorded March 20, 1942 in Book 1319, — Page 355 of Official Records, In Favor of: Southern California Telephone Company, a corporation Affects: A portion of the herein described property. First American Title 06/29 /2004 07:59 FAX 61.9 692 9394 ➢OMINY & ASSOCIATES Q007 /011. Jun ?8 04 11:55a SINSFIE :R 713 -46' 229 p.7 Form No. 1402.92 (10/17/92) Order Number: OIV- 764113 ALTA Standartl Owner's Policy Page Number: 5 western Regional Exceptions 4. Covenants, conditions, restrictions and easements in the document recorded August 29, 1944 In Book 1729, Page 317 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California 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. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American T /t /e 08/29/2004 07:59 FAX 619 692 9394 Jun 2S Q4 11:55a SINSHE --R Forth No. 1402.92 (10/17/92) ALTA standard Owner's Fnilcy western Regional Exceptions DOHtNY & ASSOCIATES 713 -46 EXCLUSIONS FROM COVERAGE 008/011 229 p.9 Order Number: DIV- 764113 Page Number: 6 The following matters are expressty excluded from" coverage or this policy and the Company will not pay loss or damage. Cysts, attorneys' fees or expenses which arise by reason of: L(a) Any law, ordinance w governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (0 the occupancy, use, or enjoyment of the land; 00 the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has bean 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 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 prio 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 at Date of Policy, out known to the insured clamant and not disclosed in writing to the Company by the insured clamant prior to the date the insured claimant became an insured under this ookcy; (c) resulting In no loss w 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 « editors' 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 (il) the trenseebon 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 import notice to a purchaser for value w a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The fonowing terms when used In this policy mean_ (a) 'Insured': the insured named in Schedule A, anti, subject to any rights or defenses the Company would have had against the named insured, those who svcaeea to the interest of the named insured by operation of law as distinguished from purchase Including, but not limited to, heirs, distdbutees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) 'insured claimant": an insured claiming loss or damage. (c) "knowledge or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records as defined in this policy or any other records which Impart constructive notice of matters affecting the land. (d) "land': the land described or referred to in Schedule (A), and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), nor any right, title, Interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the lam Is insured by this policy. (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records': records established under state statutes at Date of Policy for the purpose of imparting mrrstructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(N) of the Exclusions from Coverage, "pubic records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketibility of the title: an alleged w apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2- CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue In force as of Date of Policy in favor of an Insured only so long as the insured retains an estate or Interest In the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, w only so long as the Insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This Policy shall not continue in forte in favor of any purchaser from the insured of either (I) an estate w Interest In the land, or (a) an indebtedness secured by a purchase money mortgage given to an insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly In writing First American Tt /e 06/29/2004 08:00 FAX 61.9 692 9394 DOMINY & ASSOCIATES Q 009 /011 Jun 28 04 11:56a SINSHI =R 713 -46 229 p.9 Form No. 1402.92 (10/17/92) Order Number: DIV- 764113 ALTA Standard Owner's Policy Page Number: 7 Western Regional Exceptions (I) in case or any litigation as set forth in Section 4(a) below, (In in ease knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as Insured, and which right cause loss or damage for which the Company maybe IIaWe by virtue of this policy, or (Iii) if title to the estate or interest, an inured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Insured under this policy unless the Company shall be prejueiarl by me failure and then only to the extent W the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained to Section 6 Of these Conditions and Stipulations, the Company, at its awn cost and without unreasonable delay, shall provide for the defense of an insured In litigation In which any third parry asserts a claim adverse to the title or Interest as insured but only as W those stated causes of action alleging a defect, lien or encumbrance Or other matter insured against by this policy. The Company shall have the night to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated muses of action and shall not be liable for and will net pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by an Insured in the defense of those muses of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its Own cost, to Institute and prosecute any action or proceeding or to do any other aft which In its opinion may be necessary or desirable to establish the title to the estate or Interest, as insured, or to prevent or reduce loss or damage to an Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise Its rights under this paragraph, it shall do so diligently. (b) Whenever the Company shall have brought an action w Interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court or competent )unsdici o , and expressly reserves the right, in its We discretion, to appeal from any adverse Judgment or order. (c)ln all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide deferese in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, stall give the Company all reasonable aid (1) In any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (II) In any other lawful act which In the opinlon of the Company may be necessary or desirable to establish the title M the estate or Interest as insured. If the Company is prejudiced by the failure of the [muted to fumish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant snail ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance pin the title, or other matter insured against by this policy which constitutes the basis of loss or damage and stall state, to the extent possible, the basis of calculating the amount of the loss or damage. It the Company Is prejudiced by the failure of the insured claimant to provide the required proof of kris Or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or contin ue any litigation, wn th regard to the matter or matters requiring such proof of loss at damage. In addition, the inured claimant may reasonably be required to Submit to examinabon under oath by any authorized representat ire of the Company and shall produce for examination, inspectionand copying, at such reasonable times and plains as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured claimant shall grant its Iterrnlsslon, in writing, for any authorized representative or the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or combo I of a third parry, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it is necessary In the administration of the claim. Failure of the insured claimant to Submit for examination under nth, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay W Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expersses incurred by the insured daimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company For cancellation. (b) To Pay Or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. O to pay or otherwise settle with other parties for or in the name of an Insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were autho rized by the Company up to the time of payment and which the Company is obligated to pay; or (if) to pay or otherwise mttle with the Insured claimant the loss or damage provided for under this policy, together with any costs, atomeys' fees and expenses insured by the Insured claimant which were authorized by the Company up to the time or payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for In paragraphs (b) (i) or (0), the Companys obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability Or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENTOF LIABILITY AND COINSURANCE. This policy is a rnrhlract of Indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. First American Title uoizu/zuu4 08:00 FAA 019 892 93R DOMINY & ASSOCIATES (�J 010 /011 Jun 26 04 11:56a SINSHW ��r =ER 713 -46 1229 p. 10 Form No. 1402.92 (10/17/92) Order Number: DIV-764113 ALTA Standard Owner's Policy Page Number. 8 Western Regional Exceptions (a) The liability of the Company under this policy shall not exceed the least of (i) the Amount of Insurance Stated in Schedule A; or, (ii) the difference between the value of the Insured estate or interest as Insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated In Schedule A at the Date of Policy is less than 80 percent of the value of me insured estate or interest or me full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an Improvement Is erected on the land which increases the value of the insured estate or Interest by at least 20 percent over the Amount of Insurance slated in Schedule A, then this Policy is subject to the following: (I) where no subsequent improvement has been made, as to any partial loss, the Company shall only Pay the loss pro rata In the proportion that the amount of insurance at Date of Polity bears to the total value of the insured elate or Interest at Date of Policy; or (Ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the less pro ram in the proportion that 120 Percent of the Amount of Insurance stated in Sch edule A bears to the sum of the Amount of Insurance sated In Schedule A and the amount expended for the Improvement. The apply reisal previsions of this paragraph shall not apply to Posts, attorneys' fees and expenses for which the Company is liable under this policy, and shall Only portion of any loss which exceeds, in the aggregate, 10 Percent of the Amount of Insurance stated In Schedule A. (c) The Company will pay only those casts, attorneys' fees and expenses incurred in accordance with Section 9 of these Conditions and Stipulations. S. APPORTIONMENT. If the land described in Schedule (A)(C) consists of two or more parcels which are not used as a single site, and a loss is established affecting one Or more Of the Parcels but rot all, the low shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided Pro ram as to me value on Date of Policy of each separate Parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this poicy and shown by an express statement w by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the tide, or removes the alleged defect, lien or encumbrance, or cures me tack of a right of access to or from the land, Or cures the daim of unmarketability of title, all as insured, In a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable fix any loss or damage caused thereby. (b) In the event of any litigation, including litlgatlon by the Company w with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination W a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured, (c) The Company snail not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in setting any claim or suit without the prior written Consent Of the Company. SD. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro [aria. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy snail be reduced by any amount the Company may pay under any policy Insuring a mortgage to which exception Is taken In Schedule 8 or to which the insured has agreed, assumed, or taken subject, Or which is hereafter executed by an insured and which Is a change w lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the Insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been last Or destroyed, in which case Proof of ins or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of less or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have Settled and paid a claim under this policy, all tight of subrogation shall vest in the Company unaffected by any act of the Insured daimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property In respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in Order to perfect this right of subrogation. The Insured claimant shall Permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant In any transaction w litigation Involving these dghLS or remedies. If a payment on account of a dam does not fully cover the loss of the insured claimant, the Company shag be subrogated to these rights and remedies in the proportion which the Companys payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as sated above, that act shall not void this policy, but the Company, in that event, shag be required to pay only that part Of any Icisse., insured against by this policy which shall exceed the amount, if arty, lost to the Company by reason Of the pairment try the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - insured Obligors. The Company's right Of subrogation against non- insured obligors shall exist and shag Include, without initiation, the rights of the Insured to indemnities, guaranties, other Policies of insurance or bonds, notwithstanding any terms or conditions contained In those instruments which provide for subrogation rights by reason of INS policy. 14. ARBITRATION. First Amerlcan T /t /e U0; U1 NAA 11111 992 9394 DOMINY & ASSOCIATES ®011 /011 Jun 28 04 11:57, SINSHf =R 713 -46 22S P.11 form No. 1402.92 (10/17/92) Order Number: DW- 764113 ALTA Standard Owner's Policy Page Number' 9 Wettem Regional Exceptions Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Aa Iaaon. Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the insured arising out d or relating to this policy, any service of the Company in Connection with is issuance or the breach of a policy prevision or other obligation. All arbitrable matters when the Amount of Insurance Is $1,000,000 Or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy, and under the Rules in effect On the date the demand for arbitration 6 made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees ooly If the laws of the state in which the lend Is located permit a court to award attomeyA fees m a prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered in any Court having jurisdiction thereof. The law of the sibls of Me land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whale. (b) Any Clain of loss or damage, whether or not based on negligence, and which arises out of the status of the Me to the estate or Interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy Can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this polio antl shall be addressed to the Company at 1 Forst American Way, Santa Ana, California 92707, or to the office which issued this policy. First American Tit le '.o.adldvv4 v1:06 P• 01a UUZ 8304 DONINY & ASSOCIATES =a- ' —.?". 1r1 4002/011 Jun 28 04 11:SSa SINSHT ER 713 -4e 922 p.2 P,, /.Ml.'` .� Hirst American Title Transmittal Dated: October 25, 2003 Jowad Alkhas 567 Anchorage Ave. Carlsbad, CA, 92009 Di OEC 2 0 2004 ENGINEERING CIT OF ENCINITASES j RE: 764113 0 L64A,4, Savo---s °s•'i4tJ PSVS, Inc. a Texas Corporation pmcoe_mx ✓• San Elijo Avenue Encinitas CA " 1 Pev� '1YS�l.L ��_ Pr�� ram GRPr.'r 6120 -KEB Please find enclosed Policy of Title Insurance, per your request Korey Mulvey/ Shelly Amesen Title Officer r 411 Ivy S1ree[San Diego, CA 92161 TEL (619) 238.1776 06/2!r2004 07;68 FAX 619 692 9394 Jh �n 26 U4 11:55B S IttSH form No. 1102.92 (10/17/92) ALTA Standard Owner's P0#cy 4VeAern Regional Exceptions DOXINY & ASSOCIATES Ig7UUa u11 'ER 713 -4F 9229 P-3 Order Numbs: DIV- 764113 Page Number. 1 Policy of Title Insurance n]1 F. KI ISSUED BY First American Title Insurance Company SLI9IECI TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 0 AND THE CONDITIONS AND STIpULgTIONS, FOIST AMERICAN TITLE INSURANCE COWANY, a CallfamYe corporation, herein called the COmPww, insures, as of Date of Pdky shown In Schedule A, against toss or damage, not exceeding the Aniplmt of Insurance stated In Schedule A, su hed or Incurred by the insured M mason of: 1. Title to the estate or Interest deso lbed in Schedule A being vested Other than as stated Vwein; 2. Any defect In or ll n or encumbrance w the We; 3. llnmarketabiuty of the title, 4, tack of a right of access to and from the land. I he Compary' MU also pay the costs, attomeys' fees and oxpenses Incurred in defense of the OJE, as Insured, but only to the extent provided In the Conditions and SdPulatitns. First A�/m/�iencan Title Insurance COMPany e, //O � Pft =ChVT ATTEST L 4 JOF-�� SFCFtF.TARY First American Title .00/29/ZU04 07:58 FAZ 61.8 e62 9394 Jun 26 04 11:SSa SIN51- 1ER Form No. 1402-92 (10/17/92) ALTA Standard Owners PDMCy Western Regional Exceptions Premium: $1,226.00 DOMINY 6 ASSOCIATES 713 -4 SCHEDULE Amount of Insurance: $910,000.00 Date of Policy: March 28, 2003 at 3:17 P.M. 9229 1x004 /011 p.4 Order Number: DIY- 764113 Page Number: 2 Policy Number: DIV- 764113 1. Name of insured: PSVS, Inc. a Texas Corporation 2. The estate or interest in the land which is covered by this policy is; A fee. 3. Title to the estate or Interest in the land is vested in: PSVS, Inc. a Texas Corporation - 4. The land referred to in this policy is described as follows: Real property in the City of Encinitas, County of San Diego, State of California, described as allows THE NORTHWESTERLY ONE -HALF OF THE SOUTHWESTERLY ONE -HALF (SAID DIMENSIONS BEING MEASURED ALONG THE SOUTHEASTERLY AND SOUTHWESTERLY LINES) OF THAT PORTION OF THE NORI HWEST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, r DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE NORTH BOUNDARY LINE OF CARDIFF VILLA TRACT, ACCORDING TO THE MAP THEREOF NO. _1469, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, AUGUST 10, 1912, WITH THE NORTHEA57ERLY LINE OF THE COUNTY HIGHWAY ROUTE 1, DIVISION 1; THENCE NORTH 31 DEGREES 28'00" WEST ALONG THE SAID HIGHWAY LINE 213.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1275.82 FEET �. AND A CENTRAL ANGLE OF 08 DEGREES 0100 "; THENCE NORTHWESTERLY ALONG SAID CURVE 178.49 FEET; THENCE TANGENT TO SAID CURVE NORTH 23 DEGREES 27'00" WEST, 412.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 23 DEGREES 27'00" WEST, 100.04 FEET, THENCE NORTH 66 DEGREES 48'00" EAST, 398.71 FEET; THENCE SOUTH 23 DEGREES 12'00" EAST, 100.04 FEET; THENCE SOUTH 66 DEGREES 48'00" WEST, 398.27 FEET TO THE TRUE POINT OF BEGINNING. First American 77t/e uui za /Lp94 O7: ti9 11AA 619 992 9394 DOMINY & ASSOCIATES z OOS /011 Jun 28 04 11:55a SINSI `1ER 713 -4 9229 P•5 Forth No. 1902-92 (10/17/92) ALTA Standard OWner's Policy Wester Regional Exceptions APN: 260 -620 -5400 First American T/tle Order Number: DIV- 764113 Page Number: 3 Uoizai2UU4 07:69 FAX 819 692 9394 Jun 28 04 11:55a SINSHF ER Form No. 1402.92 (10/17/92) ALTA Standard Owner's P011cy Westem Regional Fx eptla s D031INY & ASSOCIATES IWUUD /Uti . 1 713 -46 3229 P•6 SCHEDULE B EXCEPTIONS FROM COVERAGE OrderNw ben.. DN- 764113 Page Number: 4 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART ONE SECTION ONE 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. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. a. Discrepancies, conflicts In boundary Imes, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or tide to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. SECTION TWO 1. General and special taxes and assessments for the fiscal year 2003 -2004, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the Callfomia Revenue and Taxation Code. 1 3. An easement for public utilities and Incidental purposes, recorded March 20, 1942 in Book 1319, \ Page 355 of Official Records. In Favor of: southern California Telephone Company, a corporation Affects: A portion of the herein described property. FirsfAmerican TUe Ub/20 /1004 07:59 FAX 619 692 9394 Jun 20 n4 11:SSa SINSH ER Form No. 1402.92 (10117197) ALTA Standard Owners Policy Western Regiorral Ertcepdons DOMINY & ASSOCIATES Q007/011 713 -4F "3229 P -7 Order Number: D1V- 764113 Page Number: 5 4. Covenants, conditions, restrictions and easements in the document recorded August 29, 1944 in Book 1729, Page 317 of Officlal Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or dLsability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California 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. The map attached, If any, may or may not be a survey of the land depicted hereon. 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C p" CZ 4 a FL m U$gbvg s Ea 44 J Y V Y r a C 50c�E a O y d N EM ptj REA e UL A C > A r q Eyp� �n a d a5�$ gg Pgg�h =T �� 5 E3 afflal EOh�Et �2 a� q A QQ n B g gr w ba,~d�4 ..9t 8 7� OJ VvN O <3 Cp'a 6Uy Y LLL d3 jLY ��FZj a>O p,}JmSU LO F XXd �q idJ Di E f pV i) nS � ` O rJ '3Oyc wC D � V �e�i3n 1 C 7 v ti v E Q ESTIMATE OF NEW IMPERVIOUS AREA FOR DRIVEWAY San Elijo Avenue (Vacant Lot) APN 260- 620 -54 PSVS, Inc., a Texas Corporation HIRSCH & COMPANY 4499 Ruffin Road Suite 300 San Diego, CA 92123 (858) 565 -4545 IMPROVEMENTS ITEM UNIT Existing paving for Driveway Proposed paving For Driveway Net Increase A. "I No.0056127 m Y Fxp /L�si DL � *I CIVIL OF CAL SF 0 SF 1000 SF 1000 P.C. # 04 -007 Drawing No.9080 -G 1 DEC 2 0 2004 EERING - /L zo /o y Prepared by RCE No. 56127 Date IMPROVEMENT COST ESTIMATE San Elijo Avenue (Vacant Lot) APN 260- 620 -54 P.C. N 04-007 PSVS, Inc., a Texas Corporation HIRSCH & COMPANY Drawing No.9080 -1 4499 Ruffin Road Suite 300 San Diego, CA 92123 (858) 565 -4545 TOTAL PUBLIC IMPROVEMENTS 10% CONTINGENCY PUBLIC IMPROVEMENT TOTAL $2,584.75 $258.48 $2,843.23 A by RCE No. 56127 Date 'Unit Prices based on City of Encinitas Unit Price List, Effective May 1999, Unit Price List for Estimating Subdivisions and Permit Bonds, RS Means 2001 Heavy Construction Cost Data The Items Above are for Bonding Purposes Only, Not for Construction / /POF ES L4 ti�e�OV PSI. A. ShsO y � Z 17 No 0056127 U.1 Exp —1 �69&0 \srgT CIVIL P. `c OF CALIF-) PUBLIC IMPROVEMENTS ITEM UNIT QUANTITIES UNIT PRICE COST Cut/Fill CY 15 $4.10 62 4" AC Paving (San Elijo Ave.) SF 390 $1.65 644 6' Base Class II SF 390 $0.90 351 Paving, preparation of Subgrade SF 390 $0.40 156 Cold Plane and AC Overlay SF 255 $1.25 319 Concrete Sidev2lk SF 20 $3.65 73 Concrete Curb LF 14 $13.75 193 Concrete Curb & Gutter LF 22 $13.75 303 3' PVC underdram LF 18 $27.00 486 TOTAL PUBLIC IMPROVEMENTS 10% CONTINGENCY PUBLIC IMPROVEMENT TOTAL $2,584.75 $258.48 $2,843.23 A by RCE No. 56127 Date 'Unit Prices based on City of Encinitas Unit Price List, Effective May 1999, Unit Price List for Estimating Subdivisions and Permit Bonds, RS Means 2001 Heavy Construction Cost Data The Items Above are for Bonding Purposes Only, Not for Construction / /POF ES L4 ti�e�OV PSI. A. ShsO y � Z 17 No 0056127 U.1 Exp —1 �69&0 \srgT CIVIL P. `c OF CALIF-) M;711 oil 1 111174111 San Elijo Avenue (Vacant lot) APN 260 - 620 -54 P.C. U 04 -007 PSVS,Inc., a Texas Corporation HIRSCH & COMPANY Drawing No.9080 -G 4499 Ruffin Road Suite 300 San Diego, CA 92123 (858) 565 -4545 GRADING & EROSION CONTROL PLAN ITEM UNIT QUANTITIES UNIT PRICE COST Export Matenal(6 CY Dump, 4 Mile Round Trip) CY 3500 $10.00 35,000 Shoring (5' -10' Depth)) LF 450 $10.50 4,725 Storm Drain Cleanouts (8') EA 3 $200.00 600 Area Drains 1B"x 18' EA 1 $500.00 500 Area Drains 8" Diameter EA 10 $200.00 2,000 Concrete Driveway SF 1000 $3.95 3,950 8" PVC Private Storm Drain LF 202 $37.00 7,474 6" PVC Private Storm Drain LF 103 $37.00 3,811 3" PVC Drain pipe LF 40 $37.00 1,480 4" PVC Perforated Pipe(Subdrain) LF 730 $37.00 27,010 Masonry Retaining Wall SF 3200 $28.00 89,600 1" Water Service EA 1 $630.00 630 4" Sewer Lateral EA 1 $577.00 577 Grassy Swale LF 10 $13.65 137 Cobble Stone SF 95 $50.00 4,750 Erosion Control LS 1 $10,000.00 10,000 Stabilized Construction Entrance EA 1 Silt Fence LF 450 Fiber Rolls LF 500 Gravel Bags EA 500 Check Dam EA 12 SUB -TOTAL $192,244 10% CONTINGENCY $19,224 GRADING & DRAINAGE TOTAL $211,468 Prepared by RICE No. 56127 Date 'Unit Prices based on City of Encinitas Unit Price List, Effective May 1999, Unit Price List for Estimating Subdivisions and Permit Bonds RS Means 2001 Heavy Construction Cost Data The items above are for Bonding Purposes Only, Not for Construction pP c7 No. 0056127 I * Cr exp fL DEC 2 0 2004 OFCAUF� U,FINi:;,od,J `JI_di1. :3 CITY (1t EN7NIi4S