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1999-6080 G/ICity ooNGINEERING SERVICES DEPARTMENT Encinitas Capital Improvement Projects District Support Services Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering December 9, 2005 Attn: California Bank and Trust 550 South Hope Street, 3`d Floor Los Angeles, California 90071 RE: The Palms at N. Vulcan Avenue TM 98 -189 APN 254- 053 -19 Grading Permit 6080 -G Final release of security Permit 6080 -GI authorized earthwork, storm drainage, site retaining wall, and erosion control, all as necessary to build the described project. The Field Inspector has finaled the project. Therefore, a full release of the security deposited is merited. Letter of Credit SB99 -9169, in the amount of $19,500.00, is hereby released in its entirety. The document original is enclosed. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, Debra Geis Engineering Technician Subdivision Engineering CC: Jay Lembach, Finance Manager The Palms at N. Vulcan Avenue Debra Geishart File Financial Services TEL 760-633 -2600 / FAX 760 -633 -2627 505 S. Vulcan Avenue, Enciniras, California 92024 -3633 TDD 760 - 633 -2700 0 recycled paper /// /// City of ENGINEERING SERVICES DEPARTMENT Emih tas Capital Improvement Projects District Support Services Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering December 18, 2006 Attn: I.C.W. Group P.O. Box 85563 San Diego, California 92186 -5563 RE: The Palms at N. Vulcan Avenue TM 98 -189 APN 254- 053 -19 Improvement Permit 6080 -I Final release of bond Permit 6080 -I authorized construction of sewer, drainage, and street improvements, all needed to build the described project. The Field Operations Division has approved the one -year warranty inspection. Therefore, a release in the remaining security deposit is merited. Performance Bond 212 51093, in the original amount of $20,700.00, (reduced by 75% to $5,175.00) is hereby released in entirety. The document original is enclosed. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, Debra Geish Engineering Technician Subdivision Engineering CC )ay Lembach, Finance Manager The Palms at N. Vulcan Avneu Debra Geishart File Enc. (/, Finance Manager Financial Services TEL 760 -633 -2600 1 FAX 760b33 -2627 505 S. Vulcan Avenue, Encinitas, California 92024 -3633 TDD 760 -633 -2700 0 mocbd POW ENGINEERING SERVICES DEPARTMENT Capital Improvement Projects city Of citCEi2ZtL1S District Support Services Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering December 9, 2005 Attn: I.C.W. Group P.O. Box 85563 San Diego, California 92186 -5563 RE: The Palms at N. Vulcan Avenue TM 98 -189 APN 254- 053 -19 Grading Permit 6080 -G Final release of bond Permit 6080 -G authorized earthwork, storm drainage, and erosion control, all needed to build the described project. The Field Operations Division has approved the grading and finaled the project. Therefore, release of the security deposit is merited. Performance Bond 212 5192, in the amount of $78,000.00, is hereby fully exonerated. The document original is enclosed. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Sincerely, Debra Geish ?nance ach Engineering Technician Manager Financial Services Cc: Jay Lembach, Finance Manager The Palms at N. Vulcan Avenue Debra Geishart File Enc. TEL 760-633 -2600 / FAX 760633 -2627 505 S. Vulcan Avenue, Encinitas, California 920243633 TDD 760 -633 -2700 0 recycled paper city O0NGINEERING SERVICES DEPARTMENT Encinitas Capital Improvement Projects District Support Services Field Operations Sand Replenishment/Stormwater Compliance Subdivision Engineering Traffic Engineering December 9, 2005 Attn: I.C.W. Group P.O. Box 85563 San Diego, California 92186 -5563 RE: The Palms at N. Vulcan Avenue TM 98 -189 APN 254- 053 -19 Improvement Permit 6080 -I Partial release of bond Permit 6080 -I authorized construction of sewer, drainage, and street improvements, all needed to build the described project. The Field Operations Division has approved a partial release of security. Therefore, a reduction in the security deposit is merited. Performance Bond 212 51093, in the amount of $20,700.00, may be reduced by 75% to $5,175.00. The document original will be kept until such time it is fully exonerated. The retention and a separate assignment guarantee completion of work and the one -year warranty period has been met and inspected. Should you have any questions or concerns, please contact Debra Geishart at (760) 633- 2779 or in writing, attention this Department. Since y, 4 & - Debra Geishart Engineering Technician Subdivision Engineering CC Jay Lembach, Finance Manager The Palms at N. Vulcan Avneu Debra Geishart File Finance Manager Financial Services WAS TEL 760.633 -2600 1 FAX 760633- 2627 505 S. Vulcan Avenue, Encinitas, California 92024 -3633 TDD 760.633-2700 0 recycled paper 08/24/2005 09:48 FAX 7609443342 WAGNER PROPERTIES Date City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Re: Tract 7--&Z /8 Drawing Number: Project Name' 71145 l5gL-Nlf _ New Engineer of Work 12003/003 In accordance with Section 23.24 -360 of the Encinitas Municipal Code, please be advised that in reference to the above stated plans, �✓lLC lAMJvlJ CJ1G /Nc�: (Engineering firm)JoHij 4• W!/- � -MMION , as new Engineer of Work, assumes all responsibility and liability for the drawings, and the items as outlined on Declaration of Responsible Charge as shown on plans LOeJ-/ F Lduv -G• Engineering Firm Name t4/ //-4 lI d ± RH ,GN Cl" ame ✓OHN .4. N/ju l4�yl�t! Title g Debra /release responsibility E Y1 ;Q (Seal) �� No. 7967 CIVl �P 08/24/2005 10 53 FAX 7809443342 WAGNER PROPERTIES Date: `6 " L 3 — u f— City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Re: Tract T- M. Drawing Number: 0C) —( L ko 90 — CS Project Name: I (+ 0 rfq (-m s. 1�k +5 N. VV�CAN Release of Responsibility In accordance with Section 23.24 -360 of the Encinitas Municipal Code, please be advised that in reference to the above stated plans, we release all responsibility for these plans and relinquish all as stated in Declaration of Responsible Charge as shown on plans. Engineering Firm Name '�. (56R&r %/J6,1A)Tr1Lk06— Name IZICHA -W 1— Q Title g:Deora /release Jespons ibility �WO J. 9� y t . No. 41,782 Ex _3 31 e6 0002/002 ep RECpRM AT THE Re4 J 06 CHICAGO TITLE CO. 009812 Recording Requested by: ) City of Encinitas ) When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas. CA 92024 ) C /fir/ DOC 2001 - 0833631 NOV 15v 2001 2:10 Pti (OFFICIAL RECORDS SAH DIEGO C UMTY RECORDER'S OFFICE GREGORY J. SMITH, COL NTY RECORDER FEES: 17.00 .,... 111111111111111111111 l pp COVENANT REGARDING REAL PROPERTY WAIVER OF PROTEST TO ASSESSMENTS Assessor's Parcel Number: 254- 053 -19 Project No. TM 98 -189 A. Keith W. Wagner, a single man, as to an undivided 400 interest and Conrad F. Wagner and Wanda H. Wagner, husband and wife, as joint tenants, as to an undivided 30% interest and Robert J. Lusitana, a single man, as to an undivided 30% interest, all as tenants in common( "OWNER" hereinafter) is the owner of real property which is commonly known as TM 98 -189, ( "PROPERTY" hereinafter) and which is legally described as follows: See Attachment "A" which is attached hereto and made a part hereof. B. In consideration of Final Parcel Map approval for the above referenced project by the City of Encinitas ( "CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to do the following: No protest shall be made by the owners to any proceedings for the installation or acquisition of street improvements, including undergrounding of utility lines, under any special assessment 1911 or the Municipal Improvement Act of 1913, or any other applicable state or local law, and whether processed by the City of Encinitas or any other governmental entity having jurisdiction in the matter and for the purposes of determining property owners support for same. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. waiver.doc cls 11/04/99(01- 11 -93) D. OWNER agrees that OWNER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incurs costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. F. Failure of the OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon OWNER Is satisfaction of OWNER's duties and obligations contained herein, OWNER may request and CITY shall execute a "Satisfaction of Covenant". H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: Dated -KI Dated S/ - Zj -n/ (Notarization of OWNER signature ATTACH NOTARY HERE Dated A017101 (Notarization not required) M 0 llew.c/ is attached) CITY ,7NJrAS by Director of Engineering Services waiver.doc cls 11/04/99(01- 11 -93) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of S 't b_ %JilI10 On ) C before me, : (� ati Name arq rr a o1fi Personally appeared �l yUt .l 1?rL�.J l7h n", ft 009814 IV D personally known to me - OR =d proved to me on the basis of Satisfactory evidence tube the persori(s� whose namess},is/gte subscribed to the hin instrument and acknowledg�-fo me that he/she/j6executed the same in hhii (Fter /1tteVauthorized capaci ie Y and that his/her/flLa'r ignatur<s-lbn the instrument the person". or the entity upon behalf of which the personfs),acted, v JOYCE D. EMERY executed the instrument. � `..—. Commission 41249497 < Notary public Cellfornla (� Sen Dlepo County A My Commisslon Exp. JAN. 13, 2004 WITNESS my hand and official seal. rhough the in formation below is not required by law, If may prove valuable to persons fraudulent removal and reattachment of this form to anotherdocvmenf. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ 0 Individual Corporate Officer Ttle(s): Partner — ❑ Limited Attorney -in -Fact Trustee Guardian or Consery Other: / Signer C 1994 Natmo al Noon As so j,1,0� • 5235 Rommel Ave Rn R.. 7 iaa A. r Signer's Name: Cl Individual ❑ Corporate Officer Title(s): of Pages: Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: kN- noo. Na. 5907 Reorder Lall Td6Flee 1 .300 676 -EW7 009815 ATTACHMENT "A" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. TM 98 -189 PROPERTY DESCRIPTION THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 043'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89 °22'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. waiver.doc cis 11/04/99(01- 11 -93) ENGINEERING SERVICES DEPARTMENT Capital Improvement Projects District Support Services City Of Field Operations Encinitas Sand Replenishment /Stormwater Compliance Subdivision Engineering Traffic Engineering January 20, 2004 (revised) Keith Wagner P.O. Box 232312 Leucadia. CA 92024 Re Grading Application - 6080 -GR PC98 -189 FM /GR /IR A.P.N. 254 -053 -19 1415 Vulcan Ave. Permit issuance requirements This correspondence shall serve to briefly summarize the Engineering Permit process for drawing 6080 - G. The Drawing will remain valid for three years, from the date of original approval by the City Engineer. In order to obtain the necessary Engineering Permits to construct per this Drawing; you will need to satisfy the following requirements: (11 Provide 4 blueline prints of the approved drawing 6080 -G. Provide 2 copies of Preliminary Geotechnical Investigation of Proposed Addition at 1415 Vulcan Avenue prepared by Hetherington Engineering, Inc., dated October 15, 1999 and updating letter dated November 19, 2002. Provide a digital file of drawing 6080 -G, (AutOCad DFX, Microstation DGN, or ArcView Shapefile formats are acceptable). 12) Post Security Deposits as follows: la) GRADING PERMIT 6080 GI... in the amount of $97,500.00 to guarantee performance of earthwork, drainage, private improvements, and erosion control. Up to 80% of the amount in 2(a) may be in the form of an auto - renewing Performance Bond, issued by a State of California licensed surety company. Twenty percent of the amount in 2(a) must be in the form of cash, certificates of deposit, a letter of credit, or an assignment of account, any of which may be used for the full amount. Any financial instrument's format is subject to approval and must list the City of Encinitas as a certificate holder. (b) PUBLIC IMPROVEMENT PERMITS in the amount of $20,700.00 to guarantee performance of public road and drainage improvements (3) The non - refundable Inspection Fees, and flood control fees, as follows: 6080 -G Wagner Residence revised TEL 760 -633 -2600 / FAX 760 -633 -2627 505 S. Vulcan Avenue. Encinitas, California 92024 -3633 TDD 7601633 -2700 1� recycled paper Permit Type Permit No. Amount Public improvements linspection 6080 -G 51035.00 Grading (inspection) 6080 -G $4512.00 Flood control 6080 G $3360.00 6080 -G Wagner Residence revised TEL 760 -633 -2600 / FAX 760 -633 -2627 505 S. Vulcan Avenue. Encinitas, California 92024 -3633 TDD 7601633 -2700 1� recycled paper The flood control fee is assessed at a rate of $0.21/SF of impervious surface area as created per the approved plans. (4) Provide the name, address, telephone number, and state license number and type of the construction contractor. Construction of public improvements is restricted to qualified contractors who posses a state license as listed below. Tvpe Description Work to be Done A General Engineering any & all C -8 Concrete apron/curb/gutter/ramp/sidewalk C -10 Electrical li htin /si nals C -12 Grading & Paying any surface, certain drain - basins /channels C -27 Landscaping planting/irrigation/fencing & other amenities C -29 Masonry retaining walls C -32 Parkin &Hi hway Improvement si na elstripin /safety C -34 Pipe /ine I sanitary sewer /storm drain The contractor must also meet the minimum insurance requirements as stated on the accompanying handout. The applicant may be also obligated to provide proof of insurance, with the City of Encinitas listed as co- insured, which should meet the criteria in the handout as well in the executed covenants regarding improvements. (5) Permits are valid for no more than one year and may expire earlier due to expirations of letter of credit and /or insurance policies Once the Engineering Permits are issued, advance notice of 48 hours must be given prior to you or your contractor scheduling the mandatory pre-construction meeting. For more details see Grading Notes number 9 4drawing 6080 -G). A separate Right -of -way Construction Permit will be required for any work in the public right -of -way or any public easements, if applicable. Typically, this work may include excavation, backftll, and resurfacing to install electric, gas, telephone, and cable television lines, and set their vaults and pedestals. A Permit Fee of $250.00 per application, and a site plan, preferably the work order issued by the public utility, will be required. The contractor license and insurance requirements will remain unchanged. Permits must be issued at least 48 hours in advance of the start of work. Haul Routes, Traffic Control Plans, and Transportation Permits are handled by the Traffic Engineering Division -see note number 10 on Grading Plan. For more details, contact Raymond Guarnes, Engineering Technician, at (760) 633 -2704. Construction changes, prepared by the Engineer of Work, should be submitted to the Engineering Services Department as redlined mark -ups on 3 blueline prints of the approved Drawing. Changes are subject to approval prior to field implementation. Substantial increases in valuation due to the proposed changes may be cause for assessment and collection of Residential inspection fees and security deposits. As- builts of Drawing 6080 -G, prepared by the Engineer of Work will be required prior to Final Grading acceptance by Engineering Services. 6090 -G Wagner Residence revised Satisfactory completion of Final Inspection is a prerequisite to full release of the Security Deposit assigned to any Grading Permit. This letter does not change owner or successor -in- interest obligations. If there should be a substantial delay in the start of your project, please request an update. Should you have any questions, please contact me at (760) 633 -2783, or you may wish to visit the Engineering Counter at the Civic Center. erely, � 1 u rz� Duane Thompson Associate Civil Engineer cc Debbie Gelshart, Engineering Technician Greg Shields Masih Maher permiVfile enc Application Requirements for Proof of Insurance Security Obligation Agreements (various) Trench resurfacing detail 6080 -G Wagner Residence revised ENGINEERING SERVICES DEPARTMENT Capital Improvement Projects District Support Services City Of Field Operations Sand Replen6hmendStormwater Compliance Encinitas Subdivision Engineering Traffic Engineering December 16, 2002 Keith Wagner P.O. Box 232312 Leucadia, CA 92024 Re: Grading Application -GR A.P.N. 254 -053.19 1415 Vulcan Ave. Permit Issuance requirements This correspondence shall serve to briefly summarize the Engineering Permit process for drawing 6080 - G. The Drawing will remain valid for three years, from the date of original approval by the City Engineer. In order to obtain the necessary Engineering Permits to construct per this Drawing, you will need to satisfy the following requirements: 11) Provide 4 blueline prints of the approved drawing 6080 -G. Provide 2 copies of Preliminary Geotechnical Investigation of Proposed Addition at 1415 Vulcan Avenue prepared by Hetherington Engineering, Inc., dated October 15, 1999 and updating letter dated November 19, 2002. Provide a digital file of drawing 6080 -G, (AutoCad DFX, Microstation DGN, or ArcView Shapefile formats are acceptable). 12) Post Security Deposits as follows: (a) GRADING PERMIT 6080 GI... in the amount of $118,200.00 to guarantee performance of earthwork, drainage, private improvements, and erosion control. Up to 80% of the amount in 2(a) may be in the form of an auto - renewing Performance Bond, issued by a State of California licensed surety company. Twenty percent of the amount in 2(a) must be in the form of cash, certificates of deposit, a letter of credit, or an assignment of account, any of which may be used for the full amount. Any financial instrument's format is subject to approval and must list the City of Encinitas as a certificate holder. (3) The non - refundable Inspection Fees, and flood control fees, as follows: Permit Type Permit No. Amount Grading fins ection) 60130 -G 85,547.00 Flood control 60610 G $3360.00 The flood control fee is assessed at a rate of $0.21/SF of impervious surface area as created per the approved plans. 6080 -G Wagner Residence TFL'61}633 -2600 FAX '(xi- 633-262' i0i S. Culcan Avenue. I`.ncmreas. California 9202 -1653 TDD'60- G3 }2iW lll�«) recycled paper (4) Provide the name, address, telephone number, and state license number and type of the construction contractor. Construction of public improvements is restricted to qualified contractors who posses a state license as listed below. Type Description Work to be Done A Genera/ Engineering any & all C -8 Concrete a ron /curb/ utter /ram /sidewalk C -10 Electrical lighting/signals C -12 Grading & Paying any surface, certain drain - basins /channels C -27 Landscaping lantin /irri ation /fencin & other amenities C -29 Masonry retaining walls C -32 Perk /n &Hi hway Improvement si na a /stir in isafet C -34 Pi aline sanitary sewer /storm drain The contractor must also meet the minimum insurance requirements as stated on the accompanying handout. The applicant may be also obligated to provide proof of insurance, with the City of Encinitas listed as co- insured, which should meet the criteria in the handout as well in the executed covenants regarding improvements. (5) Permits are valid for no more than one year and may expire earlier due to expirations of letter of credit and /or insurance policies Once the Engineering Permits are issued, advance notice of 48 hours must be given prior to you or your contractor scheduling the mandatory pre - construction meeting. For more details see Grading Notes number 9- (drawing 6080 -G). A separate Right -of -way Construction Permit will be required for any work in the public right -of -way or any public easements, if applicable. Typically, this work may include excavation, backfill, and resurfacing to install electric, gas, telephone, and cable television lines, and set their vaults and pedestals. A Permit Fee of 2� 50.00 per application, and a site plan, preferably the work order issued by the public utility, will be required. The contractor license and insurance requirements will remain unchanged. Permits must be issued at least 48 hours in advance of the start of work. Haul Routes, Traffic Control Plans, and Transportation Permits are handled by the Traffic Engineering Division -see note number 10 on Grading Plan. For more details, contact Raymond Guarnes, Engineering Technician, at (760) 633 -2704. Construction changes, prepared by the Engineer of Work, should be submitted to the Engineering Services Department as redlined mark -ups on 3 blueline prints of the approved Drawing. Changes are subject to approval prior to field implementation. Substantial increases in valuation due to the proposed changes may be cause for assessment and collection of Residential inspection fees and security deposits. As- builts of Drawing 6080 -G, prepared by the Engineer of Work will be required prior to Final Grading acceptance by Engineering Services. Satisfactory completion of Final Inspection is a prerequisite to full release of the Security Deposit assigned to any Grading Permit. 6080-0 Wagner Residence This letter does not change owner or successor -in- interest obligations. If there should be a substantial delay in the start of your project, please request an update. Should you have any questions, please contact me at (760) 633 -2783, or you may wish to visit the Engineering Counter at the Civic Center. incerely, Duane Thompson�� Associate Civil Engineer cc Debbie Geishart, Engineering Technician Greg Shields Masih Maher permit/file enc Application Requirements for Proof of Insurance Security Obligation Agreements (various) Trench resurfacing detail 0080 -G Wagner Residence RECORDED AT THE REQLIE`' i CHICAGO TITLE CO. Recording Requested by: City Engineer When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue THE On. t1AL OF THIS DOCUMENT WE RECORDED ON NO) 15. 2001 DOCUMENT NUMBER 2001 - 0633627 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 2:10 PH SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No. 254- 053 -19 Project No.: TM 98 -189 W.O. No.: 6080 -1 A. Keith W. Waener. a single man, as to an undivided 40% interest and Conrad F. Waener and Wanda H. Wagner, husband and wife as to an undivided 30% interest and Robert J Lusitana. a single man. as to an undivided 30% interest. all as to tenants in common (SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TM 98 -189 ( "PROPERTY" hereinafter) and which is described as follows: See Exhibit A which is attached hereto and made a part hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval subject to certain conditions requiring the construction of public improvements by SUBDIVIDER. SUBDIVIDER has applied for final approval of the subdivision but has not constructed the required public improvements. In consideration of the final approval of the subdivision of the PROPERTY by the City of Encinitas ( "CITY" hereinafter) , SUBDIVIDER hereby covenants and agrees for the benefit of CITY, to do the following: See Exhibit B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. SUBDIVIDER agrees that SUBDIVIDER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due f financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys fees, from the other party. F. Failure of SUBDIVIDER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon SUBDIVIDER's satisfactory completion of SUBDIVIDER's duties and obligations contained herein, SUBDIVIDER may request and CITY shall execute a Satisfaction of Covenant. H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against SUBDIVIDER. ACCEPTED AND AGREED: Dated Zi// Dated (Notarization of OWNER signature is attached.) vAcves> 2:3 v Dated 10117101 CITY OF ENCINIIAS A's i B. AreMbeld- LERW P�DD#t6 Director of Engineering Services (Notarization not required) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of 1 4 On uu before me, personally appeared o�LA�. 1. r1 �'L O personally known to me – OR – lrroved to me on the basis Asatigactory evidence to be the persor (st whose name ) IS/ rersubscribed to the within instrument and acknowle gedlo me that he/she/674- executed the same in h er�wauthorized capacity and thatb his/her eir signaturgrs) on the instrument the perso s), or the entity upon behalf of which the perso slatted, executed the instrument. JOYCE D. EMERY ° vOmmismon #1244497 < WITNESS my hand and official seal. noun Public - Callfornis bon D1690 County A L/ My Comtflisslon jp JAN. 13, 2004 Sgsartm a ratan W' e OPTIONAL Though the Information below Is not required bylaw, it may prove valuable to persons relying on Me document andcould prevent I fraudulent removal and reaffachmenf of Mrs form to anoner document. of Attached Document Title or Type Document Date- Signer(s) Other Than Capacity(ies) Claimed by Signer's Name: A i Individual Corporate Officer Ttle(s): Partner — ❑ Limited Attorney -in -Fad Trustee ❑ General O Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomev -in -Fact ❑ ste ❑ Gu c Top of thumb here ❑ Other Signer Is or Conservator Top of thumb here )resent 0 1994 NaDwal Nolan Asso<himn • 0235 Rommel Am PO Boa 7101 • Cam9e Pam CA 919097184 Prod No 5907 Re"r CAP TNI Free % 00 078 -W7 ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TM 98 -189 PROPERTY DESCRIPTION THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK, 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 °43'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 °43'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TM 98 -189 SUBDIVIDER's DUTIES AND OBLIGATIONS Name of SUBDIVIDER: Keith H. Wagner, et. al. Tract or Parcel Map Number TM 98 -189 Name of subdivision: The Palms Resolution of Approval Number: Pc- 90• `8 Adopted: % / i z. / ct8 Estimated total cost of improvements: * 1.0 IMPROVEMENTS REQUIRED 1.1 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to furnish all the labor, equipment and materials to perform and complete, in accordance with the plans and specifications and to the satisfaction and approval of the City Engineer, all of the public improvements referred to below Improvement plan drawing no. 6080 -1 sheets 1 througr _dated -1 /'1 /o and prepared by �e, as approved on 9 -L4- of by the City Engineer together with any subsequent amendments approved in writing by the City Engineer on file with CITY in City Engineer's office and incorporated herein as though fully set forth at length. 1.2 Further, SUBDIVIDER agrees to perform the following conditions: Public Improvements pursuant to Taw- aS -v89 i.0 PROGRESS OF WORK 2.1 Time is of the essence with this Covenant. SUBDIVIDER shall commence substantial construction of the public improvements required by this Covenant no later than to tz -o k - 03 and shall complete the public improvements no later than ko - o'- C4 In the event good cause exists, as determined by the City Engineer, the time for commencement of construction or completion of the public improvements hereunder may be extended. Any such extension may be granted without notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way affect the validity of this Covenant or release the Surety or Sureties on any security given f or the faithful performance of this Covenant. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. As a condition of such extensions, the City Engineer may require SUBDIVIDER t^ furnish new security guaranteeing performance of this Covenant, as extended, in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 2.2 If any of the public improvements are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced prior to SUBDIVIDER demonstrating to CITY that SUBDIVIDER has acquired the appropriate property interests. 2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction of the public improvements and give all necessary notices and pay all fees and taxes required by law. 2.4 SUBDIVIDER shall notify the City Engineer in writing at least 15 days prior to the commencement of work hereunder. No construction work shall begin until authorized by CITY. 2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits for the buildings constructed on any lot created by the subdivision until all required improvements have been provided to the satisfaction of the City Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for inspection CITY, to all parts of the work and to the shops wherein the work is in preparation. 2.7 SUBDIVIDER shall give good and adequate warning to the public to each and every existing danger relating to the construction of the public improvements, and shall protect the public from such dangers. 3.0 INSPECTION/APPROVAL OF IMPROVEMENTS 3.1 The City Engineer or his duly authorized representative, upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense the public improvements herein agreed to be constructed and installed by SUBDIVIDER. If determined to be in accordance with applicable CITY standards and the other terms of this Covenant, the City Engineer shall approve the improvements. 3.2 SUBDIVIDER agrees to pay for each inspection of the improvements required by the City Engineer. 3.3 Approval of the public improvements by CITY.. shall not constitute a waiver by CITY of any defects in the improvements. 3.4 Until such time as the public improvements required by this Covenant are fully completed by SUBDIVIDER and approved by the City Engineer. SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such public improvements. 4.0 HOLD HARMLESS 4.1 SUBDIVIDER agrees to indemnify and hold CITY and CITY's officers, officials, employees, and agents harmless from, and against any and all liabilities. claims, demands. causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of SUBDIVIDER or SUBDIVIDER's agents, employees, subcontractors, officials, officers or representatives. Upon demand, SUBDIVIDER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 4.2 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the public improvements, but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to SUBDIVIDER's proposed plans, specifications or design so long as such change is objected to, in writing, by SUBDIVIDER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 4.3 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the construction of the public improvements; alleged defects in the materials furnished in the construction of the public improvements, alleged injury to persons or property; alleged inverse condemnation of property or a consequence of the design, construction, or maintenance of the work or the publit improvements, and any accident, loss or damage to the work or the public improvements prior to the approval of the construction of the public improvements by CITY. 4.4 By approving the improvement plans, specifications and design or by inspecting or approving the public improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of SUBDIVIDER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as provided above. 4.5 SUBDIVIDER's obligation herein does not extend to liabilities, claims, demands, causes of action. losses, damages or costs that arise out of CITY's intentional wrongful acts, CITY's violations of law. or CITY's sole active negligence. 5.0 INSURANCE 5.1 SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by CITY and authorized to do business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000.00) for each occurrence. The insurance policy shall provide that the policy shall remain in force during the life of this COVENANT and shall not be cancelled, terminated, or allowed to expire without thirty (30) days prior written notice to CITY from the insurance company. 5.2 CITY shall be named as an additional insured on SUBDIVIDER's policies. 5.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 6.0 REPAIR, MAINTENANCE AND REPLACEMENT As a condition on the approval by CITY of the satisfactory construction of the public improvements, SUBDIVIDER shall prepare, have executed. and record a covenant, in a form satisfactory to CITY, whereby property owners who will be served by the public improvements will be obligated to provide for the repair, maintenance and replacement of the public improvements and to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless. 7.0 NOTICES 7.1 Any notices to be given under this COVENANT, or otherwise, shall be served by certified mail. 7.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any such notice on its behalf is: City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 and the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is: 8.0 SUBDIVIDER's CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC SS 1101 -1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. 9.0 GENERAL PROVISIONS 9.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER's duties and obligations under this Covenant. 9.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations set forth herein. 9.3 SUBDIVIDER shall provide the improvements as an ir.;, pendent contractor and in pursuit of SUBDIVIDER's independent calling, and not as an employee of CITY. SUBDIVIDER shall not be under control of CITY except as to the result to be accomplished. SUBDIVIDER may confer with CITY as required to perform this Covenant. 9.4 No verbal agreement or conversation with any officer, official, agent or employee of CITY, either before, during or after the execution of this Covenant, shall effect or modify any of the terms or obligations herein contained. A THE N.AAL OF THIS DOGIMENT WAS RECORDED ON 015, 2001 DOCIIfNT 000 2001-OO.iM Recording Requested By: ) GREG �' ��' COMITY RECORDER 5AN DIE60 CpOITY RECORDER'S OFFICE TIME: 2:10 Mai City Engineer ) When Recorded Mail to: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 1 SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE ROAD MAINTENANCE AGREEMENT FOR Assessor's Parcel No. 254- 053 -19 Project No.: TM 98 -189 W.O. No.: 6080 -I THIS AGREEMENT for the maintenance and repair of that certain private road easement, the legal description and/or plat of which is set forth in Exhibits attached hereto and those private drainage facilities, the legal description and/or plat of which is set forth in Exhibits_ attached hereto and made a part hereof, is entered into by Keith W. Wagner, a single man, as to an undivided 40% interest and Conrad F. Wagner and Wanda H. Wagner, husband and wife as to an undivided 30% interest and Robert J. Lusitana, a single man, as to an undivided 30% interest, all as to tenants in common (hereinafter referred to as "Developer') for the benefit of future subdivision lot owners who will use the private road easement (hereinafter referred to as "lot owners ", which shall include the Developer to the extent the Developer retains any ownership interest in any lot or lots). WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas of a subdivision project as defined in Section 21065 of the Public Resources code and pursuant to City of Encinitas Municipal Code Section 24.16.060 and Section 24.29.040; and WHEREAS, Developer is the owner of certain real property being subdivided and developed as TM 98 -189 that will use and enjoy the benefit of said road easement. A complete legal description of said real property is attached, labeled Attachment A , and incorporated by reference. Said real property is hereinafter referred to as the "property"; and WHEREAS, it is the desire of the Developer that said private road easement and drainage facilities be maintained in a safe and usable condition by the lot owners; and WHEREAS, it is the desire of the Developer to establish a method for the maintenance and repair of said private road easement and for the apportionment of the expense of such maintenance and repair among existing and future lot owners; and WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running with the land, binding upon each successive lot owner of all or any portion of the property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: .1. The property is benefited by this Agreement, and present and successive lot owners of all or any portion of the property are expressly bound hereby for the benefit of the land. 2. The cost and expense of maintaining the private road easement shall be divided equally among the subdivided parcels created in the subdivision and paid by the lot owner of the heirs, assigns and successors in interest or each such owner. 3. In the event any of the herein described parcels of land are subdivided further, the lot owners, heirs, assigns and successors in interest of each such newly created parcel shall be liable under this Agreement for their then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created parcels. 4. The repairs and maintenance to be performed under this Agreement shall be limited to the following unless the consent for additional work is agreed to by a majority vote of the lot owners owning 100% of the number of parcels, including subdivisions thereof as described in Paragraph 3 above: reasonable and normal road improvement and maintenance work to adequately maintain said private road easement to permit all- weather access and conveyance of storm flows. Repairs and maintenance under this Agreement shall include, but is not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris, maintaining signs, markers, striping and lighting, if any, and other work reasonably necessary and proper to repair and preserve the easement for all- weather road purposes. 5. If there is a covenant, agreement, or other obligation imposed as a condition of subdivision approval to make private road improvements to the private road easement, the obligation to repair and maintain the private road easement as herein set forth shall commence when the private road improvements have been completed and approved by the City. 6. Any extraordinary repair required to correct damage to said road easement that results from action taken or contracted for by lot owners or their successors in interest shall be paid for by the party taking action or party contracting for work which caused the necessity for the extraordinary repair. The repair shall be such as to restore the road easement to the condition existing prior to said damage. 7. It is agreed that Developer is initially the agent to contract and oversee and do all acts necessary to accomplish the repairs and maintenance required and/or authorized under this Agreement. Developer further agrees that the agent may at any time be replaced at the direction of a majority of the lot owners. Repair and maintenance work on the private road easement shall be commenced when a majority of the lot owners agree in writing that such work is needed. The agent shall obtain three bids from licensed contractors and shall accept the lowest of said three bids and shall then initiate the work. The agent shall be paid for all costs incurred including a reasonable compensation for the agent's services, and such costs shall be added to and paid as a part of the repair and maintenance costs; provided, however, that compensation for the agent's services shall in no event exceed an amount equivalent to 10% of the actual cost of repairs and maintenance performed. In performing his duties, the agent, as he anticipates the need for funds, shall notify the parties and each party shall within forty -five (45) days pay the agent, who shall maintain a trustee account and also maintain accurate accounting records which are to be available for inspection by any party or authorized agent upon reasonable request. All such records shall be retained by the agent for a period of five years. 8. Should any lot owner fail to pay the pro rata share of costs and expenses as provided in this Agreement, then the agent or any lot owner or owners shall be entitled without further notice to institute legal action for the collection of funds advanced on behalf of such lot owner in accordance with the provisions of California Civil Code Section 845, and shall be entitled to recover in such action in addition to the funds advanced, interest thereon at the current prime rate of interest, until paid, all costs and disbursements of such action, including such sum or sums as the Court may fix as and for a reasonable attorneys fees. 9. Any liability of the lot owners for personal injury to the agent hereunder, or to any worker employed to make repairs or provide maintenance under this Agreement, or to third persons, as well as any liability of the lot owners for damage to the property of agent, or any such worker, or of any third persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne, as between the lot owners in the same percentages as they bear the costs and expenses of such repairs and maintenance. Each lot owner shall be responsible for and maintain his own insurance, if any. By this Agreement, the Developer does not intend to provide for the sharing of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. Each of the lot owners agrees to indemnify the others from any and all liability for injury to himself or damage to his property when such injury or damage results from, arises out of, or is attributable to any maintenance or repairs undertaken pursuant to this Agreement. 10. Lot owners shall jointly and severally defend and indemnify and hold harmless City, City's engineer and its consultants and each of its officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees, to the agent hereunder or to any lot owner, any contractor, any subcontractor, any user of the road easement, or to any other third persons arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the private road easement. Nothing in the Agreement, the specifications or other contract documents or City's approval of the plans and specifications or inspection of the work is intended to include a review, inspection acknowledgement of a responsibility for any such matter, and City, City's engineer and its consultants, and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability therefore. 11. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each of the lot owners and each and every person who shall at anytime own all or any portion of the property referred to herein. 12. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors, and assignees of each of the lot owners. 13. It is the purpose of the signatories hereto that this instrument be recorded to the end and intent that the obligation hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 8 hereof, such remedy to be cumulative and in addition to other remedies provided in this Agreement and to all other remedies at law or in equity. 14. The terms of this Agreement may be amended in writing upon majority approval of the lot owners and consent of the City. 15. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. 16. If the Property constitutes a "Common Interest Development" as defined in California Civil Code Section 1351(c) which will include membership in or ownership of an "Association" as defined in California Civil Code Section 1351(a), anything in this Agreement to the contrary notwithstanding, the following provisions shall apply at and during such time as (i) the Property is encumbered by a "Declaration" (as defined in California Civil Code Section 1351(b), and (ii) the Common Area of the property (including the private road easement) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private road easement and shall be deemed the "agent" as referred to in Paragraph 7 above. The Association, which shall not be replaced except by amendment to the Declaration, shall receive no compensation for performing such duties. The costs of such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall have the right to alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the Property except as may be allowed by the Declaration. (c) This Agreement shall not be interpreted in any manner which reduces or limits the Association's rights and duties pursuant to its Bylaws and Declaration. IN WITNESS WHEREOF, the parties have executed this Agreement on the 23f O day of Afy-A. 4.9' 7-c7J t Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. ATTACHMENT "A" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. TM 98 -189 THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 °43'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 °43'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89 022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. Cov6295 cis 11/04/99 19111111111 IIIIIIIIIIIIIIII _ � IIIIIIIII� _ &AXE 14W vim IIIIIIIIIIIIIIII S 15'43'54•E 75.00' VULCAN AVENUE GRAPHIC SCALE 0' 40' 80' 120' 150 SCALE: 1 "= 40' an oeiaim na�,Q W RXLEY LMD %R*-" AC Kueoeu�cntw� yw.�.PVTRD pw6 636 MECALF STREET, ExSCONDID O, CA 82025 .ww B eel Telephone:(760) 745 -3605 Fo.:(760) 745 -3792 PRIVATE DRIVEWAY EXHIBIT THE PALMS 1415 N. VULCAN AVENUE WAGNER i s I.. ACCEPTED AND AGREED: Dated "7, ;, / Dated 'l-.z,3 -o/ Dated 13 `• I Dated 0 (Notarization of OWNER signature is attached.) by Dated Alan CITY OF ENCINITAS 14-&0 of Engineering Services ation not required) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stale of 6411f trr' County of Sfu� (l ('Cho, � � � � On rC�.M 1 1� �G2�� before me, C C Name -p personalty appeared V- to _ P�,LAj 6 �� 0 pe jiykpp�yWu�na. pR– )vroved to me on the basis 4sati*ctory evidence to be the person} JOYCE D EMER j whose name(s) is/�e subscribed to the hi instrument a 1 Commission 01249497 < y X and acknowledged to me that he/shi executed the Q r Notary Public - California same in hiS�/her/t eiJ au onzed capacity to , and that ty > San Diego County IJy Commiasbn Exp. JAN. 13, 2004 his/hergne0 signa ure s),on the instrument the peso (rr(ss or the entity upon behalf of which the person6.acted, JOYCE D EM�RIt executed the instrument. e Commlaston t149kgi Not P}}�lC118'h¢BIiIBFBl9 WITNESS my hand and official seal. > fM pjogs BNnly My Commission Es , JAN: 12 904 OPTIONAL Arocgh fife inlomration below is not required by law, if may prove valuable to persons miiy on the docvnlerx and could prevent hauciulent removal and reattachment of dws form to another document. Description of Attached Document Title or Type of Document Date: Signer(s) Other Than Capacity(ies) Claimed by Signer's Name: O ❑ Individual Corporate Officer TAIe(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: O Individual O Corporate Officer \ Title(s): — ❑ Limited ❑ General • A'Itomey -in -Fact • Trustee • Guardian or Conservator • Other. \ Signer Is Representi RGNT TNUr,IePRw OF SIGNER 0 1 "- 4 "]TIRO ^i' NW.I A . b�'39 A, 10 b- 7 I P� . _.— Al 7,A 9 In; ',A. 1— — [on G -rye -. 1.l 1, C -• I - 11171.W7 3 RC.'ORDED AT THE REQUE 'CHICAGO TITLE CO. Recording Requested By: THE Ok1tiINAL OF THIS DOCUMENT W RECORDED ON 015, 2001 DIMMUT NUl®ER 2001 - 0833629 9EW J. WITH, CUP RECORDER fmf!r City Planner ) SM DIE60 COUNTY RECOR IQ TINE: 2:10 PN When Recorded Mail To: 1 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY FUTURE PARK, TRAFFIC, AND FLOOD CONTROL FEES Assessor's Parcel Number: 254- 053 -19 Project No. TM 98 -189 A. . Keith W. Wagner, a single man, as to an undivided 40% interest and Conrad F. Wagner and Wanda H. Wagner. husband and wife as to an undivided 30% interest and Robert J. Lusitana. a single man, as to an undivided 30% interest, all as to tenants in common ( "OWNER" hereinafter) is the owner of real property which is commonly known as TM 98 -189 ( "PROPERTY" hereinafter) and which is legally described as follows: See Attachment "A" which is attached hereto and made a part hereof. B. In consideration of Final Map approval for the above referenced project by the City of Encinitas ( "CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment "B" which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. Covxxxxx F. Failure of the OWNER to comply v✓ith the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon OWNER's satisfaction of OWNER's duties and obligations contained herein, OWNER may request and CITY shall execute a "Satisfaction of Covenant'. H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: OWNER Dated Dated bz f- o Dated v--3/ (Notarization of OWNER signature is attached) ATTACH NOTARY HERE CITY OF ENCINITAS Dated ©r_'� A L42 ev! b cLre. (Notarization not required) Bill Weedman, City Planner Cov6295 cls 11104/99 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Stale of C Cd iiiTi"t lei County of Q I QP On _lam -1A 1 3,4�c , 1 before me, a. . personally appeared Ll personally known to me - OR - proved to me on the basis of satisfactory evidence to be the persol i whose name0s is/ reisubscribed to the within instrument and acknowledge5op me that he/she executed the same In hi erl ei uthorized capacit § (and that by his/he hei ignatur s)bn the instrument the piersorM, or the entity upon behalf of which the pers (s) acted, JOYCE D. EMERY } v Commission 012494 97 < Cl Xr ti Notary Public - California 0 > San Diego Count A executed the instrument. WITNESS my hand and official seal. y �My Commission Exp. JAN. 13, 2004 T swall d OPTIONAL Though the mlomrabon below is not required by law, if may prove valuable to persons relyirg on fhe doneni Arid could prevent fraudulent removal and reattachment or fMs form to another document Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Na Above: Capacity(ies) Claimed by igner(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General • Aflomey -in -Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): — ❑ Limited ❑ General ❑ Atto ey- ❑ Truste • Guardian • Other. Signer Is Representing: RIGHT THUh1BPRINT OF SIGNER 10� 0 1994 Nauo'.ai Notary Associalmn • B236 Aemmn AV PO Bo. 7104 -Cam ga Park. CA 91309-7184 Pod No 5907 Rewder Call Tol Pna 1 . 800 B]B-[Q] ATTACHMENT "A" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. TM 98-189 THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 °43'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 °17'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89 022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. Cov6295 cls 11/04/99 PROPERTY DESCRIPTION ATTACHMENT "B" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. TM 98 -189 OWNER'S DUTIES AND OBLIGATIONS A. In accordance with Municipal Code Chapter 23.98 in effect at time of fees being paid, park fees for the development shall be paid prior to Final Occupancy approval. B. In accordance with the Municipal Code Chapter 23.94 in effect at time of fees being paid, traffic fees for the development shall be paid prior to Final Occupancy approval. C. In accordance with the Municipal Code Chapter 23.96 in effect at time of fees being paid, flood control fees shall be assessed and collected during the building permit processing prior to the construction of any impervious surfaces. Cov6295 cls 11/04/99 4 RECORDED AT THE REQUEST CHICAGO TITLE CD. Recording Requested by: City Engineer When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue THE W,iGIHAL OF THIS DOCIPEHT WAS RECORDED ON 0 15, 2001 DOC1AEMT NUMBER 2001 - 0833630 GREGORY J. SMITH, CUA1T1' RECORDER SAN DIEGO COYTY RECORDER'S OFFICE TIME: 2:10 PH SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel No.254- 053 -19 Project No.: TM 98 -189 W.O. No.: 6080 -FM A. Keith W. Wapner, a single man. as to an undivided 40% interest and Conrad F. Wapner and Wanda H Wapner, husband and wife as to an undivided 30% interest and Robert J. Lusitana, a single man. as to an undivided 30% interest, all as to tenants in common (SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as TM 98 -189 ( "PROPERTY" hereinafter) and which is described as follows: See Exhibit A which is attached hereto and made a part hereof. B. The tentative subdivision of the PROPERTY was approved with the final approval subject to certain.. conditions requiring the construction of private improvements by SUBDIVIDER. SUBDIVIDER has applied for final approval of the subdivision but has not constructed the required private improvements. In consideration of the final approval of the subdivision of the PROPERTY by the City of Encinitas ( "CITY" hereinafter) , SUBDIVIDER hereby covenants and agrees for the benefit of CITY, to do the following: See Exhibit B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. SUBDIVIDER agrees that SUBDIVIDER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys fees, from the other party. F. Failure of SUBDIVIDER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon SUBDIVIDER's satisfactory completion of SUBDIVIDER's duties and obligations contained herein, SUBDIVIDER may request and CITY shall execute a Satisfaction of Covenant. K By action of the City Council, CITY may assign to a pe; son or persons impacted by the performance of this Covenant, the right to enforce this Covenant against SUBDIVIDER. ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: PUBLIC IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TM 98 -189 PROPERTY DESCRIPTION THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 °43'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 °17'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 °43'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89 022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TM 98 -171 SUBDIVIDER's DUTIES AND OBLIGATIONS Name of SUBDIVIDER: Keith Wagner, et al. Tract or Parcel Map Number TM 98 -189 Name of subdivision: The Palms Resolution of Approval Number: Pe- RS - 4!$ Adopted: Estimated total cost of improvements: $ &9, 185. 60 1.0 IMPROVEMENTS REQUIRED 1.1 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to furnish all the labor, equipment and materials to perform and complete, in accordance with the plans and specifications and to the satisfaction and approval of the City Engineer, all of the private improvements referred to below: Improvement plan drawing no. 6080 -G sheets 1 through 2 dated oi and prepared by Brian Polley Land Surveying. Inc. as approved on 9 -Z4 -oi by the City Engineer together with any subsequent amendments approved in writing by the City Engineer; on file with CITY in City Engineer's office and incorporated herein as though fully set forth at length. 1.2 Further, SUBDIVIDER agrees to perform the following conditions: private road and utility improvements pursuant to ^^ 9$ - t 9,9 2.0 PROGRESS OF WORK 2.1 Time is of the essence with this Covenant. SUBDIVIDER shall commence substantial construction of the private improvements required by this Covenant no later than Iz _ot_ Oz and shall complete the private improvements no later than � o -ok -o-{. In the event good cause exists, as determined by the City Engineer, the time for commencement of construction or completion of the private improvements hereunder may be extended. Any such extension may be granted without notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way affect the validity of this Covenant or release the Surety or Sureties on any security given f or the faithful performance of this Covenant. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. As a condition of such extensions, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Covenant, as extended, in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 2.2 If any of the private improvements are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced prior to SUBDIVIDER demonstrating to CITY that SUBDIVIDER has acquired the appropriate property interests. 2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction of the private improvements and give all necessary notices and pay all fees and taxes required by law. 2.4 SUBDIVIDER shall notify the City Engineer in writing at least 15 days prior to the commencement of work hereunder. No construction work shall begin until authorized by CITY. 2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits for the buildings constructed on any lot created by the subdivision until all required improvements have been provided to the satisfaction of the City Engineer. 2.6 SUBDIVIDER shall at all times maintain safe construction facilities, and provide safe access, for inspection CITY, to all parts of the work and to the shops wherein the work is in preparation. 2.7 SUBDIVIDER shall give good and adequate warning to the public to each and every existing danger relating to the construction of the private improvements, and shall protect the public from such dangers. 3.0 INSPECTIONIAPPROVAL OF IMPROVEMENTS 3.1 The City Engineer or his duly authorized representative, upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense the private improvements herein agreed to be constructed and installed by SUBDIVIDER. If determined to be in accordance with applicable CITY standards and the other terms of this Covenant, the City Engineer shall approve the improvements. 3.2 SUBDIVIDER agrees to pay for each inspection of the improvements required by the City Engineer. 3.3 Approval of the private improvements by CITY, shall not constitute a waiver by CITY of any defects in the improvements. 3.4 Until such time as the private improvements required by this Covenant are fully completed by SUBDIVIDER and approved by the City Engineer. SUBDIVIDER will be responsible for the care, maintenance, repair and replacement of such private improvements. 4.0 HOLD HARMLESS 4.1 SUBDIVIDER agrees to indemnify and hold CITY and CITY's officers, officials, employees, and agents harmless from, and against any and all liabilities. claims, demands. causes of action, losses, damages and costs, including all costs of defense thereof, arising out of. or in any manner connected directly or indirectly with, .any acts or omissions of SUBDIVIDER or SUBDIVIDER's agents, employees, subcontractors, officials, officers or representatives. Upon demand. SUBDIVIDER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands causes of action, losses, damages and costs. 4.2 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the private improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to SUBDIVIDER's proposed plans, specifications or design so long as such change is objected to, in writing, by SUBDIVIDER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 4.3 SUBDIVIDER's obligation herein includes, but is not limited to, alleged defects in the construction of the private improvements; alleged defects in the materials furnished in the construction of the private improvements; alleged injury to persons or property; alleged inverse condemnation of property or a consequence of the design, construction, or maintenance of the work or the private improvements; and any accident, loss or damage to the work or the private improvements prior to the approval of the construction of the private improvements by CITY. 4.4 By approving the improvement plans, specifications and design or by inspecting or approving the private improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of SUBDIVIDER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as provided above. 4.5 SUBDIVIDER's obligation herein does not extend to liabilities, claims, demands, causes of action. losses, damages or costs that arise out of CITY's intentional wrongful acts, CITY's violations of law. or CITY's sole active negligence. 5.0 INSURANCE 5.1 SUBDIVIDER shall obtain and maintain a policy of motor vehicle liability, public liability, general liability and property damage insurance from an insurance company approved by CITY and authorized to do business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000.00) for each occurrence. The insurance policy shall provide that the policy shall remain in force during the life of this COVENANT and shall not be cancelled, terminated, or allowed to expire without thirty (30) days prior written notice to CITY from the insurance company. 5.2 CITY shall be named as an additional insured on SUBDIVIDER's policies. 5.3 SUBDIVIDER shall furnish certificates of said insurance to CITY prior to commencement of work under this AGREEMENT. 6.0 REPAIR, MAINTENANCE AND REPLACEMENT As a condition on the approval by CITY of the satisfactory construction of the private improvements, SUBDIVIDER shall prepare, have executed. and record a covenant, in a form satisfactory to CITY, whereby property owners who will be served by the private improvements will be obligated to provide for the repair, maintenance and replacement of the private improvements and to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless. 7.0 NOTICES 7.1 Any notices to be given under this COVENANT, or otherwise, shall be served by certified mail. 7.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any such notice on its behalf is City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 and the address of SUBDIVIDER and the proper person to receive any such notice on its behalf is. Keith Wagner 1415 Vulcan Avenue, Encinitas, CA 92024 8.0 SUBDIVIDER's CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC SS 1101 -1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. 9.0 GENERAL PROVISIONS 9.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER's duties and obligations under this Covenant. 9.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations set forth herein. 9.3 SUBDIVIDER shall provide the improvements as an independent contractor and in pursuit of SUBDIViDER's independent calling, and not as an employee of CITY. SUBDIVIDER shall not be under control of CITY except as to the result to be accomplished. SUBDIVIDER may confer with CITY as required to perform this Covenant. 9.4 No verbal agreement or conversation with any officer, official, agent or employee of CITY, either before, during or after the execution of this Covenant, shall effect or modify any of the terms or obligations herein contained. ACCEPTED AND AGREED: Dated Dated Z-"3 0 Dated Dated �lfzl-3 crl DEVELOPER (Notarization of OWNER signature is attached.) CITY OF by Dated IT:,S Alan 9-)4lFehffib8lei`-- LL%ZCl( BoCA-S Director of Engineering Services (Notarization not required) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of JCtin L) (ircE L Qr1 _ (,i, k, j ,� �LLF11 before me, ,Q T DEW 1� N"aenrsoeo.r .•m u». personally appeared w• a ❑ personally known to me – OR = (proved to me on the basi satjsfactory evidence to be the persons) r whose na (S) is%aar ,subscribed to the itbjn instrument and acknowred me that he/sh a xecuted the same in t e� nzed capaci ies� and that his/her eir ignatur s -on the instrument the pets (s or the entity upon behalf of which the persosl acted, executed the instrument. JOYCE D. EMERY o _ Commission 07249497 < QNotary public - cawornis N ' San Diego County i ( Mt Commission Exp. JAN. 13, 2004 WITNESS my hand and official seal. OPTIONAL " Though the Information below is nor required by law, it may prove valuable to persons relyirg on the documr f and fraudulent removal and reattachment of this form to another document of Attached Document Title or Type Document Date: Signer(s) Other Than Named Capacity(ies) Claimed by Signer's Name. ❑ Individual ❑ Corporate Officer Tille(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: Individual ❑ Camorate Officer • Partner :�,- O Limited ❑ General • Attomey- in -F-Kct • Trustee • Guardian or Conservator • Other.fop 01 r �e-e Signer Is Representing: O 1994 Nat,wal Nolary ALSMI4110M • 0236 gemmel Av . P 0 Boo 7104 • Caoo92 Par. CA 913097164 P,od No 5907 Rea"¢ Gall TNI Fr.. 1000 - 676- 7 RECORDED AT THE RE" -oT OR CHIC.4GO TITLE CO. Recording Requested by: ) City of Encinitas ) When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas. CA 92024 THE ORIGINAL OF THIS DOO)OT WAS RECORDED ON HN 15, 2001 DOCLNENT MINER 2001-0833631 GREGORY J. SMITH, OUR RECORDER SAN DIEGO COl1MTY RECORDER'S OFFICE TIME: 2:10 PM SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY WAIVER OF PROTEST TO ASSESSMENTS Assessor's Parcel Number: 254- 053 -19 Project No. TM98 -189 A. Keith W. Wagner, a single man, as to an undivided 40% interest and Conrad F. Wagner and Wanda H. Wagner, husband and wife, as joint tenants, as to an undivided 30% interest and Robert J. Lusitana, a single man, as to an undivided 30°s interest, all as tenants in common( "OWNER" hereinafter) is the owner of real property which is commonly known as TM 98 -189, ( "PROPERTY" hereinafter) and which is legally described as follows: See Attachment "A" which is attached hereto and made a part hereof. B. In consideration of Final Parcel Map approval for the above referenced project by the City of Encinitas ( "CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to do the following: No protest shall be made by the owners to any proceedings for the installation or acquisition of street improvements, including undergrounding of utility lines, under any special assessment 1911 or the Municipal Improvement Act of 1913, or any other applicable state or local law, and whether processed by the City of Encinitas or any other governmental entity having jurisdiction in the matter and for the purposes of determining property owners support for same. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. waiver.doc cls 11/04/99(01- 11 -93) D. OWNER agrees that OWNER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incurs costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. F. Failure of the OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon OWNER Is satisfaction of OWNER's duties and obligations contained herein, OWNER may request and CITY shall execute a "Satisfaction of Covenant". H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED: Dated i , + °e/ Dated -'/ -. Z3 • -O/ (Notarization of OWNER signature ATTACH NOTARY HERE D1t-� 4/2/0 Dated A017/1 (Notarization not required) O is attached) CITY T by / _L ua&,( v.,ovks Director of Engineering Services waiver.doc cls 11/04/99(01- 11 -93) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of i '14 Ak County of S l b GJiP11C n r On L.2� X j �(,l before me, : C (� ales) /; p Name aq ipe d O! personally appeared F- (I Y v �. A le •lan Oue, Nau G 4t satisfactory evidence t personally known to me - OR -' proved to me on the basis V o be the person V whose name( is/ Ce subscribed to the wUhin instrument and acknowledg to me that helsh �/ el�h xecuted the same in hi . er /heir authorized capaci ie ; and thatby his/her�pjisignaturgCs bn the instrument the person s or the entity upon behalf of which the persor(s),acted, JOYCE D. EMERY executed the instrument. 0 COmmiaal0n 91246497 < Q NDiary Public Callfornlao San Diego County k ft Commission Exp. JAN. 13, 20D4 WITNESS my hand and official seal. UPTIUNAL L / \ / Thocph the lnfOfrnat l below is not required by law, it may prove valuable to persons rel fraudulent removal and reatfaMment of this form to another document doarmenr and d prevent Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Consery ❑ Other: Signer D 1994 Nalmoy ND%.M1 Av aoriame • H, A aa.,,...d .— e.. ,..._ . Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Atiomey -in -Fact ❑ Trustee ❑ Guardian or Conservator a ❑ Other I T. N m„ml, N— Signer Is Representing: ATTACHMENT "A" TO COVENANT REGARDING REAL PROPERTY PROJECT NO. TM 98 -189 PROPERTY DESCRIPTION THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 043'30" WEST 75.00 FEET: THENCE AT RIGHT ANGLES NORTH 74 °17'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89 °22'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. waiver.doc cls 11/04/99(01- 11 -93) U, REDED AT THE RE[dUEST OF+ THE OltiutHRL OF THIS DOMM COR TITLE L lic RET COED ON HOV 15� 2001 GHiGH�' BOOIlENT MW 2001�833Gi2 IiAEGai4 J. NTH, MKFY RF]'m SO DIEBO COUHTY FECO1iG 1 OFFICE TDE: 2:10 PH Recording Requested By: City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue Encinitas, CA 92024 ) ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: INCLUSIONARY HOUSING REQUIREMENT Assessor's Parcel No. 254- 053 -19 ProjectNo.:98 -189 TM/DR/CDP A. Keith W. Wagner, Conrad F. Wagner, Wanda H. Wagner, Robert J. Lusitana( "OWNERS" hereinafter) are the owners of real property which is commonly known as 1415 North Vulcan Avenue ( "PROPERTY" hereinafter) and which is described as follows: See Exhibit "A" Attached B. In consideration of approval of Tentative Map 98 -189 by the City of Encinitas ( "CITY" hereinafter) and to satisfy the provisions of Municipal Code Chapter 24.21, OWNERS agree to the following: See Attachment "B" which is attached hereto and made apart hereof. C:\My Documents\98189wagnmdoc 07/25/2001 C. This covenant requires the Inclusionary Unit located on the above identified lot to be reserved for affordable housing to very low income households. Income restrictions and maximum rental rates for the PROPERTY are described in Attachment `B ". D. This Covenant shall nun with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. E. OWNERS agree that OWNERS' duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. F. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. G. Failure of OWNERS to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. H. Upon OWNERS' satisfaction of OWNERS' duties and obligations contained herein, OWNERS may request and CITY shall execute a Satisfaction of Covenant. I. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNERS. ACCEPTED AND AGREED OWNER Dated Sk /oz / o 1 Address Dated AID SAA Address CAMy Documents \98189wagnendoc 07125/2001 2 Dated Dated A Address (Notarization of OWNERS' signature is attached.) CITY OF ENCINITAS Dated ib 'Ltv/ `-`- Bill Weedman (Notarization not required) City Planner CAMy Documents\98189wagnerdoc 07252001 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California �/"� (1 �V� ss. County of �/ On . before me, D to personally appeared �EA Ws ? '^ JOYCE D. EMERY e Commission +r1249497 < Notary PuDllc Calilornia uDj � Sen Dlepo County L My Commission Ezp. JAN. 13, 2004 Place Notary Seal move personally known to me proved to me on the basis of satisfactory vidence to be the person s) whose namecV isll3tP subscribed to the within instrument and acknowledged to me that he /she /executed the same in his /her /t ei authorize capacity(i s and that by his /herb signature n the instrument the persorl or the entity upon behalf of which the person acted, executed the instrument. WITNE,SS my hand and offices seal. OPTIONAL: Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Titie(s): ❑ Partner —[I Limited ❑ Feral ❑ Attorney in Fact ❑ Trustee ❑ Guardian o onservator ❑ Other: Is Representing: of Pages: RIGHT THUMBPRINT Or SIGNER 01999 NSm NaLry Meow W • 9%9 N Sala Ave.. Pp em Tda2 • C1u1-waNi. G 9t9134�02 • ww.reOOnalnoUry ap P,ea No. SW Npraar Call Tail Five t- B00.aT&BaZI U. ikAp er EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 6, 1868, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST,, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 13043'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89 022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. ATTACHMENT `B" OWNER'S DUTIES AND RESPONSIBILITIES OWNERS hereby agree to the following limitations of the Inclusionary Unit located on PROPERTY as described by this Covenant: A. This covenant requires the Inclusionary Unit located on the above identified lot to be reserved for affordable housing to very low income households. Individuals or households with annual incomes at or below 50% of the San Diego County Median Income, as adjusted for family size, at initial occupancy meet income requirements. The maximum rental rate is limited to the affordable housing cost established by the U.S. Department of Housing and Urban Development (HUD) for the income group, as adjusted for unit size. If the cost of utilities is not included in the rental rate, a utility allowance determined by the City shall be deducted from the maximum rent allowed. OWNERS have chosen, and City has accepted, Unit 11 as shown on the tentative map, as the designated Inclusionary Unit. This unit is further identied as unit G -6 on The Palms condominium horizontal control plan. Should the OWNERS elect to change the designated unit to another unit, this covenant shall be modified to reflect that desination.' B. In order to conform with E.M.C. Chapter 24.21, OWNERS shall annually submit to the Community Development Director the Tenant Income Verification Form, to be received no later than June 15th of each year, documenting the maximum rent charged for the unit during the previous year and demonstrating the qualified status of the tenant(s). This report shall be acknowledged by the City in writing at which time the City shall also set the rent ceiling to be charged in the upcoming year as established annually by HUD as the 50% of Median Income group for San Diego County. C. The subject Inclusionary Unit shall be used as a dwelling unit only. The unit shall not be principally used as a home office, pool house, guest house or any other use which would decrease the availability of the Inclusionary unit as affordable housing within the City of Encinitas. The Inclusionary Housing Unit shall be available for rent to qualified tenants at all times to the satisfaction of the Community Development Director. D. Failure of OWNERS to abide by the provisions of this agreement shall automatically incur the following penalties: Any charges, fees, or other monetary compensation received from the qualified tenant(s) above the level set herein shall be reimbursed to the tenant(s). In addition, payment of an equal amount shall be made to CITY to be deposited in a separate account to be used exclusively for the creation of subsidy for affordable housing opportunities within the City of Encinitas. E. Should the City revise the Inclusionary Housing Ordiance in the future, the owner shall be given the option to utilize the guidelines of the new Ordinance. This includes income level, rent level, restriction period , or a fee in -lieu of unit designation. C:\My Documents \98189wagnendoc 08/16/2001 4 Re00WM AT THE REQ, CHICAGO TITLE CO. Recording requested by: Leucadia County Water District When recorded mail to: Leucadia County Water District 1960 La Costa Avenue Carlsbad, CA 92009 -6810 THE U.,,AL OF THIS DODW K RECORDED ON 015, 2001 DOD" NM 2001 -OBBO GEM J. on, Wry RECORDER affil DIEGO cum RECQINEk's OFFICE TILE: 2:10 FN SPACE ABOVE FOR RECORDERS USE ONLY Private Sewer Agreement Between Leucadia County Water District and Keith Wagner, Owner/Developer Assessor's Parcel Project No. 2650 -100 No. 254- 053 -19, 1415 Vulcan Avenue, Encinitas The 6 -inch sewer pipeline crossing this property, west to east, from the point of connection at the existing 15 -inch Leucadia County Water District sewer pipeline located in Vulcan Avenue, and all sewer laterals shall be designed, constructed, inspected, tested and accepted in accordance with the Leucadia County Water District (LCWD) standard procedures. Ownership and maintenance obligations of the 6 -inch private sewer pipeline, including that portion within Vulcan Avenue, and sewer laterals ( "private sewer facilities ") shall remain with the OWNER, Keith Wagner and any and all subsequent owners of the property above - referenced as Assessors Parcel No. 254- 053 -19 (hereinafter, "the property ") or any portion of the property. Private sewer facilities shall not be dedicated to LCWD, nor shall LCWD accept ownership or maintenance of private sewer facilities from Keith Wagner or any Applicant. LCWD has no objection to the Applicant's use of approved private sewer facilities, which will entirely be the responsibility of the property owner for ownership, operation, and maintenance. The covenants, terms, and conditions of this Private Sewer Agreement shall he binding on Keith Wagner, his successors, assigns and transferees, and shall continue as a servitude running in perpetuity with the property or any portion thereof. This Agreement requires that the OWNER and all subsequent owners of all, or any portion of the property are solely liable and responsible for compliance with all LCWD standards and procedures regarding design, construction, operation, maintenance, repair and replacement of private sewer facilities. The OWNER and all subsequent owners of the property shall comply with LCWD's standard design requirements and shall submit design packages to LCWD for review, approval and recordation purposes. LCWD shall have no obligation whatsoever to design, construct, operate, maintain, repair, or replace the private sewer facilities or any portion thereof. AGREED AND ACCEPTED By: � o :t—, W C9_rtn 2n, Rs/ \cz) / O (Signature ofApplica t) Date NOTARIZATION REQUIRED By District Manager Date NOTARIZATION REQUIRED CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California } ss. County of San Diego J Ann E. McLau >_n m On 8/14/01 before me, 9� Date Nae antl Title of Dlllcer feg.,'Jane Doe. Notary R1HIi ) Michael J. Baidin personally appeared Name(s) of Sghir(s) personally known to me proved to me on the basis of satisfactory evidence to be the person(k whose nameN iskaipa subscribed to the within instrument and acknowledged to me that he /sAeA4@y executed GHLM the same in his /tiec44cir authorized 0 1269!!2 capacity(Jes), and that by his44e04heir 11110111M public -Comm" Oot�M signaturel4on the instrument the person(, or �BpIrAAM2.3V the entity upon behalf of which the person(s}- acted, executed the instrument. WITNESS my hand and official seal Face Notary Seal ACove 0;it .1, o' Notary PVfI 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: Private Sewer Agreement -Keith Wagner Document Date: 8/13/01 Number of Pages: 1 Signer(s) Other Than Named Above: Keith Wagner Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of Inumh here ❑ Corporate Officer — Title(s): ❑ Partner — Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: O 1999 W IKK�01 Noary ASK040n • 9J90 D! 5f%o Ave.. PO. e0. 2 0 • cIN�. CA 91 1 }2B •'F- -'.Naol-MIAry.0 P'. No eK7 RB r GII 1p 1. I�1.1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. p Countyof/ t. On 0`1d161 before me, �1. /J�LkOi� f��7�Gii7 Dale i Name and Tine o Da1Car (e.g.,'Jana Dea! Nobry PvD6c•) personally appeared — K.DOLKAS a Commission #1264064 < N -o D R _ _ Notary Public - California in San Diego County > My Commission Ezp. MAY 15, 2D64 UName(.) of Signer(s) ❑ personally known to me roved to me on the basis of satisfactory evidence to be the person(?" whose name( is re subscribed to the within nstrument and acknowledged to me that Ka / e/they executed the same in s/h r /their aythorized capacity(issj, and t by s/her /their signature(Q —on the instrument the person(sij or the entity upon behalf of which the persoryW acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ��• 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: Document Dale: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ] Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: O lane NaIwI Ngery Ag50taellm • 83511 a Soo Aw.. RIGHT THUMBPRINT Of SIGNER II 11 . 112W • � . LA at Jti2le] • www Mwmolery.arp Prea. No W7 Ri Gal ToHFm t 9a0.ai6E92t RECORDED AT THE REMW C CHICAGO TITLE CO. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92924 THE 6,.aIK OF THIS DMMW 0 RECM ON NN 15, 2001 DOD" MW 2001 -ME634 9EODwl1' J. 8HITH, MY RECORDER SAN DOO MY RECORDER'S OFFICE TDE: 2:10 PN THIS SPACE FOR RECORDER'S USE ONLY COVENANT REGARDING REAL PROPERTY: TENTATIVE MAP/DESIGN REVIEW /COASTAL DEVELOPMENT PERMIT Assessors Parcel No. 254- 053 -19 Case No.: 98 -198 TM/DR/CDP A. Keith W. Wagner, Conrad F. Wagner, Wanda H. Wagner, Robert J. Lusitana ( "OWNERS" hereinafter) are the owners of real property which is commonly known as 1415 North Vulcan Avenue ( "PROPERTY" hereinafter) See Exhibit "A "Attached B. In consideration of the approval of Tentative Map 98 -189 TM/DR/CDP, by the City of Encinitas ( "CITY" hereinafter), OWNERS hereby covenant and agree for the benefit of CITY, to comply with the terms and conditions of this permit as specified in Resolution No. PC 98 -68, which is attached hereto and made a part hereof. C. This Covenant shall run with the PROPERTY and be binding upon and insure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNERS agree that OWNERS duties and obligation under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNERS to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon OWNER'S satisfaction of OWNER'S duties and obligations contained herein, OWNER may request and CITY shall execute a Satisfaction of Covenant. CD /JBD /G: /cov /98198tmdredp. doc H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNERS ACCEPTED AND AGREED OWNERS Dated Dated 601— lot Dated (Notarization of OWNERS signature is attached.) CITY OF ENCINITAS Dated �-� Bill Weedman (Notarization not required) City Planner CD /JBD /G : /cov /9819 8tmdredp. doc ACCEPTED AND AGREED Dated 54 o 01 Dated 0 Dated 8-azil -d / OWNERS (Notarization of OWNERS signature is attached.) CITY OF ENCINITAS Dated 'Q`� B 5 �g12 l b (Notarization not required) y-:�qj c l.0 dt��.. Bill Weedman City Planner • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Sc' 0 � On D05) before me, call personally appeared (A.)• JOYCE D. EMERY ° Commission 01240407 NDIary Publlo - California 8 P Ca ly My Commission Exp, JAN. 13, 2004 Place Notary Seal Above I ss. Tale of Micer le 9.. r personally known to me roved to me on the basis of satisfactory e Idence to be the persor� whose name�isla subscribed to the within instrument and acknowledged to me that he /sh a executed the same in his/her a authorized capacitesn and that by his /her signatur th e instrument the pers (s or the entity upon behalf of which the pel acted, executed the instrument. WITNESS my hand and official OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the \ and could prevent fraudulent removal and reattachment of this form to another document. Descri ion of Attached Document Title or Typ f Document: Document Date: Number of Pages: Signers) Other Than Na rr1 d Above: Capacity(ies) Claimed by Si r Signer's Name: e ❑ Individual Top of thumb here ❑ Corporate Officer — Trtle(s): ❑ Partner — ❑ Limited C General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: PO ea.2a01. CN�P'Val. W 9131 }202 • www relq�4anuryv8 .(-yhsl PEE No 5807 ILwdr c,l Toll O 1899 Nelwi hoUM1 Aeadvnon •&150 4 Solo Aro.. ix:i�iiiir7l LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 13 043'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89 °22'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. RESOLUTION NO. PC 98 -68 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A TENTATIVE MAP, A DESIGN REVIEW PERMIT, AND A COASTAL DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF A 14 -UNIT CONDOMINIUM DEVELOPMENT WITH TWO MAIN RESIDENTIAL STRUCTURES EXCEEDING THE 26 -FOOT STANDARD HEIGHT ENVELOPE TO 29 FEET FOR PROPERTY LOCATED AT 1415 NORTH VULCAN AVENUE (Case No. 98 -189 TM/DR/CDP; APN: 254- 053 -19) WHEREAS. a request for consideration of a Tentative Map, a Design Review Permit, and a Coastal Development Permit was filed by Keith Wagner to allow the construction of a 14 -unit condominium development with the two main residential structures exceeding the 26 -foot Standard Height Envelope to 29 feet, in accordance with Section 66474 of the State Map Act and Title 24 of the Municipal Code and Chapters 23.08 and 30.80 of the Encinitas Municipal Code, for property located within the Residential -20 (N -R20) Zoning District of the North 101 Corridor Specific Plan at 1415 North Vulcan Avenue, legally described as: That portion of Block 34 of LEUCADIA, in the City of Encinitas. County of San Diego, State of California, according to the Map thereof No. 524, filed in the Office of the County Recorder of San Diego County, April 6, 1888, including a portion of the westerly half of Juno Avenue closed to public use adjoining Block 34 on the east. WHEREAS. the Planning Commission conducted a noticed public hearing on the application on October 22. 1998 and continued the Public Hearing to November 12, 1998 to allow for additional information related to Specific Plan standards to be addressed, at which time all those desiring to be heard were heard: and WHEREAS, the Planning Commission considered, without limitation: The October 22 and November 12, 1998 Agenda Reports to the Planting Commission with exhibits; 2. The General Plan. North 101 Corridor Specific Plan, Local Coastal Program. Municipal Code, and associated Land Use Maps; Oral evidence submitted at the hearings; Written evidence submitted at the hearings; cd1cro/f:98- 189pc2 (11- 12 -98) 3 5. Project plans consisting of thirteen sheets. including: (1) the Project Plans Cover Sheet; (2) Sheet A -O: the Site Plan with Fencing Elevation Drawings; (3) Sheet A -1: the Floor Plans /Roof Plan for Building "A;" (4) Sheet A -2: the Floor Plans for Building "B." (5) Sheet A -3: the Carport Elevation Drawings; (6) Sheet A-4: the Exterior Elevation Drawings for Buildings "A" and "B;" (7) Sheet A -5: the Exterior Elevation Drawings for Building "B;' (8) Sheet E -1: the Site Lighting Plan. (9) the Tentative Map; (10) Sheet L -1: the Planting Plan: (l 1) Sheet L -2: the Irrigation Plan: (12) Sheet L -3: the Hardscape Plan; and (13) Sheet L-4, Details and Specifications; dated received by the City of Encinitas on July 17, 1998. In addition, the application request included a mounted Color and Materials Board and a mounted Elevation Rendering which were reviewed by the Planning Commission at the public hearings. WHEREAS, the Planning Commission made the following findings pursuant to Chapters 24 (Subdivisions), 23.08, 30.16, and 30.80 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 98 -189 TM/DR/CDP subjectto the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, has reviewed the Environmental Initial Assessment prepared for the project and has determined that all project impacts will be reduced to levels of insignificance by the project's design and adherence to the adopted mitigation measures and Municipal Code Development Standards. The Negative Declaration is hereby adopted in accordance with the provisions of the California Environmental Quality Act (CEQA). This project will not individually or cumulatively have an adverse effect on wildlife resources. as defined in Section 711.2 of the Fish and Game Code and. therefore, a Certificate of Fee Exemption shall be made with De Minimis Impact Findings. cdicra 98- 189pc2(11.12 -98)4 PASSED AND ADOPTED this 12th day of November 1998. by the following vote, to wit: AYES: Jacobson, Patton. Grossman. Wells NAYS: None ABSENT: None ABSTAIN: Bagg Alice Jacobson. Chair Encinitas Planning Cc ATTEST: Sandra L. Holder Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code which specifies time limits for legal challenges. cd/cro/f.99- 189pc2 (11- 12 -98) 5 ATTACHMENT "A" Resolution No. PC 98 -68 Case No. 98 -189 TM/DR/CDP FINDINGS FOR A TENTATIVE MAP STANDARD: Section 66474 of the California Government Code requires that the authorized agency approve an application for a Tentative Map unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following findings of fact: a. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. Facts: The Tentative Map proposes fourteen residential units within two main structures to be held in a condominium form of ownership. Discussion: The project complies with the mid -ranee density limitations of the General Plan for the N -R20, North 101 Corridor Specific Plan land use designation. Consistent with the requirements for the N -R20 Specific Plan zone, the project conforms to the development standards for the R -20 Zoning District including a minimum lot size above the 20,000 net square foot standard, lot widths in excess of the 100 -foot standard, and lot depths in excess of the 150 -foot standard. The 14 dwelling units are proposed within two main structures; Buildings "A" (units 1 through 4) and `B" (units 5 through 14). These structures conform with the setback requirements for the R -20 Zone which include a Front Yard Setback minimum of 20 feet, and Side and Rear Yard Setbacks at a minimum of 15 feet. Consistent with Section 3.1.1.A.4 of the North 101 Corridor Specific Plan, a Tentative Map is proposed to allow condominium ownership of the dwelling units with an undivided share in common amenities such as landscaped areas. a tot -lot. parking facilities, laundry facilities, and recreational amenities. Since the application request is for more than ten units, a condition has been included in the draft Resolution which requires one of the units to be reserved for sale or rental as an affordable housing unit in accordance with the provisions of Chapter 24.21 of the Municipal Code. The project design substantially conforms with the Residential Design Recommendations (Section 4.6) of the North 101 Corridor Specific Plan. Entry recesses and pop -outs are provided at less than 20 -foot intervals and the cedar shake accents at the windows return to the exterior stucco walls. The location of the main structures to the rear of the site allows for the front yard landscape areas to buffer the units from Vulcan Avenue, the railroad right -of -way. and the 101 corridor to the west. Conclusion Therefore, the Planning Commission finds the Tentative Map is consistent with the Cit% of Encinitas General Plan and the North 101 Corridor Specific Plan. cd/crod:98- 189pc2 (1 1.12 -98) 6 b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. Facts: The design of the Tentative Map proposes fourteen residential units within two main structures to be held in a condominium form of ownership and accessory parking and landscaping improvements, a laundry room, carports; and a children's play area. Discussion All design requirements for the condominium project required by Municipal Code development standards for the R -20 Zone and the design standards specified by Section 4.6 of the North 101 Corridor Specific Plan are accommodated by the design of the Tentative Map. The site plan shows that adequate area exists to provide off - street parking and landscapingthat exceeds the Municipal Code and Specific Plan standards. Conclusion: Therefore, the Planning Commission finds that the Tentative Map's design is consistent with the City's General Plan and the North 101 Corridor Specific Plan. C. That the site is not physically suitable for the type of development. Facts: An Environmental Initial Assessment (EIA) has been completed for the project and it has been determined that the project's design and adherence to the City's Municipal Code and the North 101 Corridor Specific Plan development standards will reduce environmental impacts below a level of significance. Discussion: The project is designed, or has been conditioned, to satisfy development requirements of the N -R20 Specific Plan Zoning District. No evidence has been submitted during the project review process to indicate that the site is not physically suitable for the development proposed. The applicant has submitted "will service" letters from the Fire Department and the Water. Sewer. and School Districts. Conclusion: Therefore, the Planning Commission finds that the site is physically suitable to accommodate the future development of fourteen condominium residences within two main buildine structures and associated parking and landscaping improvements. d. That the site is not physically suitable for the proposed density of development. Facts: The Tentative Map proposes fourteen residential units which comply with the mid- range density standard for the N -R20 Specific Plan Zoning District and Municipal Code standards. Discussion The project complies with the net acreage, slope adjusted, mid -range density standard for the N -R20 Specific Plan Zoning District. No evidence has been received during the planning review process to indicate that the site is not physically suitable for the proposed density. cNcrdf:98- 189pc2 (I 1- 12-98) 7 Conclusion: Therefore. the Planning Commission finds that the Tentative Map conforms to the density requirements for the N -R720 Specific Plan Zoning District and that the site is suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantiall} or avoidably injure fish or wildlife or their habitat. Facts: An Environmental Initial Assessment (EIA) has been conducted by the City's Environmental Consultant for the proj ect. Discussion: All project impacts have been adequately analyzed in the Environmental Initial Assessment (EIA) and environmental impacts have been avoided or mitigated by the project's design, conditions of approval. mitigation requirements. and by adherence to Municipal Code Development Standards consistent with the findings of the Negative Declaration. Conclusion: Therefore, the Planning Commission finds that the design of the subdivision and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. Facts: The applicant has submitted "will service" letters to indicate that the Water, Sewer, Fire and School agencies can provide adequate service and utilities to the project site. Discussion: with the provision of these services, no evidence has been submitted to indicate that a serious public health problem would occur should a Final Map, in accordance with the approved Tentative Map. be recorded and condominium residences constructed on the property. Conclusion: Therefore, the Planning Commission finds that the design of the subdivision and the construction of condominium residences on the site can be adequately serviced with necessary utilities and that the project will not cause any serious public health problems. g. That the design of the subdivision or the type of improvements will conflict with easements- acquired by the public at large. for access through or use of, property within the proposed subdivision. In this connection. the authorized agency may approve a map if it finds that alternate easements. for access or for use, will be provided. and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements through or use of property within the proposed subdivision. cd/cro/f:98.189pc2 (11.12 -98) 8 Facts: The Tentative Map indicates that adequate access to the condominium units can be provided in conformance with City standards. All other known easements for utilities or access are indicated on the Tentative Map and will remain for access or public utilities. Discussion: The design of the Tentative Map will not conflict with any easements for utilities or roadways. All access easements and utilities will be shown on the Final Map in accordance with City standards and the servicing utility's requirements. Conclusion: Therefore, the Planning Commission finds that the design of the subdivision and future improvements will not conflict with any public easements through the subject property nor hinder access to, or the use of, property within the proposed subdivision. cd/cn/f:9S- 189pc2 (11-12-98) 9 FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application for a design revie" permit must be granted unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following regulatory conclusions: a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of the Municipal Code, Facts: The application request proposes the construction of fourteen residential units within two main structures to be held in a condominium form of ownership. Discussion The project complies with the mid -range density limitations of the General Plan for the N -R20 and the North 101 Corridor Specific Plan land use designation. Consistent with the requirements for the N -R20 Specific Plan zone, the project conforms to the development standards for the R -20 Zoning District including a minimum lot size above the 20,000 net square foot standard, lot widths in excess of the 100 -Foot standard, and lot depths in excess of the 150 -foot standard. The 14 dwelling units are proposed within two main structures: Buildings "A" (units 1 through 4) and "B" (units 5 through 14). These structures conform with the setback requirements for the R -20 Zone which include a Front Yard Setback minimum of 20 feet, and Side and Rear Yard Setbacks at a minimum of 15 feet. Consistent with Section 3.1.1.A.4 of the North 101 Corridor Specific Plan, a Tentative Map is proposed to allow condominium ownership of the dwelling units with an undivided share in common amenities such as landscaped areas, tot -lots, parking facilities, laundry facilities, and recreational amenities. Since the application request is for more than ten units, a condition has been included in the draft Resolution which requires one of the units to be reserved for sale or rental as an affordable housing unit in accordance with the provisions of Chapter 24.21 of the Municipal Code. The project design substantially conforms with the Residential Design Recommendations (Section 4.6) of the North 101 Corridor Specific Plan. Entry recesses and pop -outs are provided at less than 20 -foot intervals and the cedar shake accents at the windows return to the exterior stucco walls. The location of the main structures to the rear of the site allows for the front yard landscape areas to buffer the units from Vulcan Avenue, the railroad right-of-way, and the 101 corridor to the west. Conclusion: Therefore, the Planning Commission finds that the project design is consistent with General Plan Policies. the North 101 Corridor Specific Plan design standards. and the Municipal Code development standards for the N -R20 Zoning Designation. b. The project design is substantially inconsistent with the Design Review- Guidelines. Facts: The Design Review Guidelines are set forth in Chapter 23.08 of the Municipal Code and Section 4.6 of the North 101 Corridor Specific Plan and relate to Site Design, Buildine Design. Landscape Design, and Privacy and Security. ccUcrod:98.189pc2 (11- 12 -98) 10 Discussion: The 14 dwelling units are proposed within two. 2 -story structures. The lower units are provided rear yard patio areas and the upper units are provided rear balcony areas. Each patio and balcony is provided with lockable storage compartments measuring 126 cubic feet in area. Privacy fencing is provided between each balcony and patio area. Wood plank- fencing, 4 feet and 6 feet in height. is proposed along the north and south property lines. The southeast comer of the property would receive a 2 -foot masonry block wall with a 4 -foot wood plank fence above and a 6 -foot masonry block wall is proposed along the rear property line. The front of the property on either side of the driveway is proposed to be landscaped and a turf "recreational area" is proposed along the north side of the driveway. Additional landscaped areas are proposed along the side and rear yards of the property. The landscape areas total 14,750 square feet, or 42% of the site which exceeds the standards of the R -20 zone and the Specific Plan. The main structures are proposed to be a pitched -roof design with covered front entry access areas. These structures are proposed to exceed the 26 -foot Standard Height Envelope to 29 feet. To exceed the 26 -foot Standard Height Envelope, the following findings must be made by the Planning Commission: (1) That the portion of the building outside of the standard envelope maintains some of the significant views enjoyed by residents of nearby properties. and (2) That the building is compatible in bulk and mass with buildings on neighboring properties (M.C. Sec. 30.16.010 B.7.d). The exterior building materials include light tan stucco. gray stained cedar shingle siding accents, and heavy asphalt shingle roofing, charcoal in color. Accent colors include window and door trim in a blue -gray color. stair trim and balcony rails painted an off -white color, and fascia, gutters and downspouts painted a light tan to match the exterior stucco. The entry areas to the lower and upper units are recessed and the cover for the stairways are popped -out from the exterior walls of the main buildings to provide architectural relief to the mass of the structures. The project design substantially conforms with the Residential Design Recommendations (Section 4.6) of the North 101 Corridor Specific Plan. Entry recesses and pop -outs are provided at less than 20- foot intervals and the cedar shake accents at the windows return to the exterior stucco walls. The location of the main structures to the rear of the site allows for the front yard landscape areas to buffer the units from Vulcan Avenue. the railroad right- of -wav, and the 101 corridor to the west. Conclusion Therefore, the Planning Commission finds that the proposed project is in substantial conformance with the Design Review Guidelines established by Chapter 23.08 of the Municipal Code and Section 4.6 of the North 101 Corridor Specific Plan. C. The project would adversely affect the health. safes, or general welfare of the communin% Facts: An Environmental Initial Assessment (EI.A) has been completed for the project and it has been determined that the proiect's design and adherence to the City's Municipal Code and the North 101 Corridor Specific c Plan development standards will reduce environmental impacts below a level of significance. Discussion: The project is designed, or has been conditioned, to satisfy development requirements of the N -R20 Specific Plan Zoning District. No evidence has been submitted during the project review process to indicate that the site is not physically suitable for the cd/crdt:98.189pc2(11- 12 -98) 11 development proposed. The applicant has submitted "will service" letters from the Fire Department and the Rater. Sewer, and School Districts. Conclusion: Therefore, the Planning Commission finds that the design of the proposed condominium development and associated improvements will not adversely affect the health, safety, or general welfare of the community. d. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The project is compatible with surrounding residential development within the neighborhood and complies with development standards for the N -R20 North 101 Corridor Specific Plan Zoning District. Discussion: The proposed structures utilize building materials which are compatible with the architectural design of similar structures within the neighborhood and the N -R20 Specific Plan Zone. Conclusion: Therefore. the Planning Commission finds that the project shows high sensitivity to neighboring properties to ensure compatibility with land uses and community character and the project will not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Findings for Design Review to Exceed the 26 -foot Standard Height Envelope STANDARD: Section 30.16.010.B.7.d of the Encinitas Municipal Code allows for portions of a building to extend beyond the Standard Height Envelope if some of the significant views enjo}ed by residents of nearby properties are maintained, and the building is compatible in bulk and mass with buildings on neighboring properties. Facts: The application request proposes a pitched -roof design for the two main residential structures. These structures are proposed to exceed the 26 -foot Standard Height Envelope to 29 feet. The Municipal Code defines "Building Height" as the vertical distance from the lower of natural or finished exterior grade adjacent to the structure, to the highest portion of the roof immediately above. Discussiote View orientations of surrounding properties on North Vulcan .Avenue are generally to the west. However. the railroad ri ght -of -way, the 101 corridor, and the upward slope of the land to the west restrict views to the ocean from these properties. Properties to the east generally have views towards their access streets or private back yard areas. Therefore, views from adiacent properties through the site are not impacted. Since the development is consistent in size with the adjoining apartments to the north and south of the cd/cmd*98- 189pc2 (11-12-98) 12 site on Vulcan Avenue, the bulk and mass of the structures are compatible with buildings on neighboring properties. Conclusion Therefore, the Planning Commission finds that the portions of the structure outside of the Standard Height envelope maintain some of the significant views enjoyed by residents of nearby properties. and that the building is compatible in bulk and mass with buildings on neighboring properties. cdlcrdE98.189pc2(11 -12 -98)13 FINDINGS FORA COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a Coastal Development Permit: The project is consistent with the certified Local Coastal Program of the Citv of Encinitas; and ?. The proposed development conforms with Public Resources Code 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activitymay have on the environment; and 3. For projects involving development between the sea or other body of water and the nearest public road. approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et seq. of the Coastal Act. Facts: The applicant requests approval of a Tentative Map for a condominium development, a Desiun Review Permit, and a Coastal Development Permit to allow the construction of a 14 unit condominium project. Multi - family residential development is permitted by right within the N -R20 Zoning District. The subject property is located within the City's Coastal Zone. Upon adoption of the City's Local Coastal Program. the City was authorized to issue Coastal Development Permits effective May 15, 1995. Discussion: The required findings for approving a Coastal Development Permit are found in Section 30.80.090 of the Municipal Code. Related to Finding No. 1. the project is in conformance with the provisions of the Local Coastal Plan which includes the General Plan. the 101 Corridor Specific Plan, and appropriate chapters of the Municipal Code. Related to Finding No. 2, an Environmental Initial Assessment (EIA) has been prepared and a Negative Declaration is recommended for adoption pursuant to the provisions of the California Environmental Quality Act (CEQA) Guidelines. Related to Finding No. 3, the subject property is located on the east side of North Vulcan Avenue and no public access to coastal resources is feasible through the site. Therefore, no condition requiring public access is imposed on the project. Conclusion: Therefore, the Planning Commission finds that the project is consistent with the certified Local Coastal Program of the City of Encinitas. that required finding No. 2 is not applicable since no significant adverse impact is associated with the project. and that the providing of public access or recreational facilities is not feasible or appropriate for a project at this specific location. cd/croif.98- 189pc2 (11- 1 ? -98) 14 ATTACHMENT "B" Resolution No. PC 98 -68 Project No.: 98 -189 TM /DR/CDP Applicant: Keith Wagner Location: 1415 North Vulcan Avenue (APN: 254- 053 -19) SCI SPECIFIC CONDITIONS: SO Approval of the Tentative Map and all associated permits will expire on November 12, 2001 at 5:00 pm, three years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. SC5 This project is conditionally approved as set forth on the application and project plans dated received by the City on July 17, 1998, consisting of thirteen sheets, including: (1) the Project Plans Cover Sheet; (2) Sheet A -O: the Site Plan with Fencing Elevation Drawings; (3) Sheet A -1: the Floor Plans/Roof Plan for Building "A;" (4) Sheet A -2: the Floor Plans for Building -'B;' (5) Sheet A -3: the Carport Elevation Drawings; (6) Sheet A-4: the Exterior Elevation Drawings for Buildings "A" and `B' (7) Sheet A -5: the Exterior Elevation Drawings for Building "B;" (8) Sheet E -l: the Site Lighting Plan; (9) the Tentative Map; (10) Sheet L -1: the Planting Plan; (11) Sheet L -2: the Irrigation Plan; (12) Sheet L -3: the Hardscape Plan; and (13) Sheet L -4, Details and Specifications. In addition, the application request included a mounted Color and Materials Board and a mounted Elevation Rendering which was reviewed by the Planning Commission at the public hearing. All of the above listed exhibits designated as approved by the Planning Commission on November 12, 1998, and shall not be altered without express authorization by the Community Development Department. SCA Prior to the issuance of the first Building Permit within the subdivision, the carport structures shall be re- designed so as not to exceed 12 feet in height. SCB Gates shall be provided in the fences between patio areas of Building `B" to allow for emergency response access. SCC A bordered stamped- concrete accent strip or a flagstone band, a minimum of ten feet in width, shall be provided near the driveway entry across the access driveway, along the drainage swale, and across the driveway access to the parking area in front of Building A to the satisfaction of the Community Development Department. A 4 -foot high, wrought iron or other decorative fence (non- chainlink) with a self - latching gate shall be provided around the recreational landscaped area on the north side of the driveway. All block walls within the subdivision shall be finished with a stucco exterior to match the main buildings; or shall be constructed of decorative split -faced or slumpstone block material. The main mailbox shall be relocated to the landscaped area to the southwest of Building A. or shall be made a part of cd/cro /f:98- 189pc2 (11 -12 -96115 the design of the laundry structure, if said locations are approved by the Encinitas Postmaster. All exterior lights within this subdivision shall be provided shields to obscure the light source so that light is directed up or down to avoid light glare spill -off from impacting adjacent property. SCD Five (5) feet shall be dedicated by the developer along the subdivision frontage based on a center line to right -of -way width of the North 101 Corridor Specific Plan and in conformance with City of Encinitas standards. SCE Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvementsto City standards to the satisfaction of the City Engineer: Concrete curb, gutter and sidewalk and AC paving along the project frontage. AC paving shall conform to City of Encinitas public streets standards (minimum 4 inch AC over 6 inch AB). SCF The property owner /developer shall contact the San Dieguito Water District regarding compliance with the following conditions: (1) A separate water meter for landscaping shall be required. (2) The developer / properh owner shall show all existing and proposed water facilities on street improvement or grading plans for District review and approval. (3) The developer /property owner is required to comply with the District's fees, charges, rules and regulations including the installationof any required on -site and off -site facilities. SCG In accordance with the mitigation measure established by the Environmental Initial Assessment (EIA) for the project, the developer /property owner shall pay school impact mitigation fees, as established by the appropriate School District, prior to the issuance of a Building Permit within the subdivision. SCH The Final Map shall comply with Section 1351 of the Business and Professions Code and the Final Map shall include a statement identifying this project as a "Condominium Subdivision with a maximum of 14 units." SCI The developer shall execute and record a covenant satisfactory to the Community Development Department reserving one unit as an affordable housing unit in accordance with the provisions of Chapter 24.21 of the Encinitas Municipal Code. Said covenant shall include language that the inclusionary (affordable) housing unit shall be reserved in perpetuity at rent levels affordable to "very low income" households, those earning at or below 50 % of the regional median income level, or to households or individuals above the 50% regional median income level should the City revise this standard in the future. Income levels and affordable housing payments are established by HUD on an annual basis. Should an "in -lieu' fee for inclusionary housing be established by the City _ the property owner /developer may elect to pay that fee as an alternative to providing the units in the manner described above. cd/cro /f:98- 189pc2(11- 12 -98) 16 G1 STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: M 1 This approval may be appealed to the City Council within 10 calendar days from the date of this approval pursuant to Chapter 1.12 of the Municipal Code. G5 .Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans. G9 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of the building(s),and shall be provided with solid metal, view - obstructing gates as approved by the authorized agency. Adequate space for recyclable materials shall be provided within the enclosure, or attached to the enclosure in an aesthetically appropriate manner, in accordance with Municipal Code requirements. G 10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed in a manner similar to, and consistent with, the primary structures (e.g. srucco- coated masonry, split -face block or slump stone). These items shall be approved by the Community Development Department prior to the issuance of building and/or grading permits. G11 All roof - mounted equipment and appurtenances, including air conditioners, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Community Development Department. Ground - mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Community Development Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Community Development Department. G13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees. Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development and Engineering Services Departments. The applicant is advised to contact the Community Development Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire cd/cro /f.98- 189pc2(11- 12 -98) 17 Department regarding Fire Mitigation/Cost Recovery Fees. and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. L2 All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). DRI Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal and approval of an amendment of the design review permit by the authorized agency. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence shall not be less than 16 feet of paved width. F7 RESPONSE MAPS: Any development that by virtue of new structures necessitates fire hydrants, roadways, or similar features, shall be required to provide a map in a format compatible with current Department mapping services, and shall be charged a reasonable fee for updating all Fire Department response maps. F8 COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials on the project site. water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide a permanent all- weather surface for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire Department. F9 POSTING OF ROADWAYS: Emergency access roadways when required shall be properly identified as per Fire Department standards. F10 OBSTRUCTIONS (ACCESS ROADWAYS): All traffic lanes shall be a minimum of 24 feet in width during construction and shall be maintained clear and free of obstructions during construction in accordance with the Uniform Fire Code. cd/cro /f.98- 189pc2 (11-12-98) 18 I'll FIRE HYDRANTS & FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. A two -sided blue reflective road marker shall be installed on the road surface to indicate the location of the fire hydrant for approaching fire apparatus. A fire hydrant shall be installed at the southeast corner of the private access road and North Vulcan Avenue. F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of the address numbers shall conform to Fire Department Standards. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic fire sprinkler system installed to the satisfaction of the Fire Department. El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. EG2 No grading permits shall be issued for this subdivision prior to recordation of the final map. EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verify compliance with Chapter23.24 of the Encinitas Municipal Code. EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG7 All newly created slopes within this project shall be no steeper than 2:1. cd/cro /C98- 189pc2 (11 -12 -98) 19 EG8 A soi is /geo logical /hvdraulic repo rt (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. Such report shall be submitted and approved prior to final map approval. ED3 A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Engineering Services Director to properly handle the drainage. ED5 The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted ES3 The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Tentative Map. The offer shall be made by a certificate on the Final Map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. ES4 Reciprocal access and/or maintenance agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Engineering Services Director. ES7 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the undergrounding of utility facility improvements. ES8 The design of all private streets and drainage systems shall be approved by the Engineering Services Director prior to approval of the Final Map for this project. The structural section of all private streets shall conform to City of Encinitas Standards based on R -value tests. The standard improvement plan check deposit is required. EU2 The developer shall comply with all the rules. regulations and design requirements of the respective utility agencies regarding services to the project. EU3 The developer shall be responsible for coordination with S.D.G. & E.. Pacific Telephone, and other applicable authorities. EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. cd /cro /f98.189pc2 (11- 12 -98) 20 EU5 The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. An in -lieu fee for future undergrounding based upon a cost estimate prepared by SDG &E may be paid by the developerto the satisfactionof the City Engineer. EM3 This project is approved specifically as 1 (single) phase. cd/cro /f.98- 189pc2 (11 -12 -98) 21 FINAL SUBDIVISON CHECKLIST Map: qV�- le�°f Developer: W AcA uL�,:a, Location: Item By Date Complete Public Works Conditions of Approval Other Department Sign -offs Community Development p�_uA1+ Community Services — Co- rrc:>*.X Fire MC: c, Building Sewer District Water District 4 /01 California Coastal Permit or Waiver Subdivision Map Certified Improvement Plan Signed Grading Plan Signed Approved Cost Estimate (ACE) Improvement Covenant Executed Grading Covenant Executed Securities Posted ACE SECURITY Amount: $ Type: Amount: $ Type: Amount: $ Type: Processing Deposits Up to Date Subdivision Guarantee Tax Certificate Original Map Mylars (signed with permanent ink) Agenda Report to CAB /Planning Commission After approval by CAB or Planning Commission: Approval by CAB or PC Mylars Signed and Released after 15 day Appeal Period m11039 CITY OF ENCINITAS MEMORANDUM TM 98 -189 DATE: 07/30/99 TO: Director, Engineering Services Department FROM: — AL COTMI—) Community Services Department SUBJECT: Conditions of Approval 254 - 053 -19 (A.P.N.) 1415 North Vulcan Avenue (Address) Keith Wagner (Subdivider) Please be advised that the Community Services Department conditions of Approval for Recordation of a Final Map for Case No. TM 98 -189 as required by Resolution No. PC 98 -68 have been satisfied. This tentative map expires on 11 -12 -2001. THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. cy- Signature Date BPmemo.doc 07/30/99 CITY OF ENCINITAS MEMORANDUM TM 98 -189 DATE: 07/30/99 TO: Director, Engineering Services Department FROM: �3" i1 C) moo., �L� San Dieguito Water District SUBJECT: Conditions of Approval 254 - 053 -19 (A. P. N.) 1415 North Vulcan Avenue (Address) Keith Wagner (Subdivider) Please be advised that the San Dieguito Water District conditions of Approval for Recordation of a Final Map for Case No. TM 98 -189 as required by Resolution No. PC 98 -68 have been satisfied. This tentative map expires on 11 -12 -2001. THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. Signature Date BPmemo.doc 07/30/99 CITY OF ENCINITAS MEMORANDUM TM 98 -189 DATE: 07/30/99 TO: Director, Engineering Services Department FROM: DAVID Encinitas Fire Department SUBJECT: Conditions of Approval 254 - 053 -19 (A.P.N.) 1415 North Vulcan Avenue (Address) Keith Wagner (Subdivider) Please be advised that the Encinitas Fire Department conditions of Approval for Recordation of a Final Map for Case No. TM 98 -189 as required by Resolution No. PC 98 -68 have been satisfied. This tentative map expires on 11 -12 -2001. THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. Signature Date BPmemo.doc 07/30/99 CITY OF ENCINITAS MEMORANDUM TM 98 -189 TO Director, Engineering Services Department FROM -)r-y �GLCl�r p Community Development Department SUBJECT: Conditions of Approval 254 - 053 -19 (A. P. N.) 1415 North Vulcan Avenue (Address) Keith Wagner (Subdivider) Please be advised that the Community Development Department conditions of Approval for Recordation of a Final Map for Case No. TM 98 -189 as required by Resolution No. PC 98 -68 have been satisfied. This tentative map expires on 11 -12 -2001. THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. Signature Date BPmemo.doc 07/30/99 CITY OF ENCINITAS MEMORANDUM TM 98 -189 DATE: 07/30/99 TO Director, Engineering Services Department FROM: Community Development Department SUBJECT: Conditions of Approval 254 - 053 -19 (A.P.N.) 1415 North Vulcan Avenue (Address) Keith Wagner (Subdivider) Please be advised that the Community Development Department conditions of Approval for Recordation of a Final Map for Case No. TM 98 -189 as required by Resolution No. PC 98 -68 have been satisfied. This tentative map expires on 11 -12 -2001. THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. Signature Date BPmemo.doc 07/30/99 CITY OF ENCINITAS MEMORANDUM TM 98 -189 DATE: 07/30/99 TO: Director, Engineering Services Department FROM: Encinitas Fire Department SUBJECT: Conditions of Approval 254 - 053 -19 (A. P. N.) 1415 North Vulcan Avenue (Address) Keith Wagner (Subdivider) Please be advised that the Encinitas Fire Department conditions of Approval for Recordation of a Final Map for Case No. TM 98 -189 as required by Resolution No. PC 98 -68 have been satisfied. This tentative map expires on 11 -12 -2001 THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. Signature Date BPmemo.doc 07/30/99 CITY OF ENCINITAS MEMORANDUM TM 98 -189 DATE: 07/30/99 TO: Director, Engineering Services Department FROM San Dieguito Water District SUBJECT: Conditions of Approval 254 - 053 -19 (A.P.N.) 1415 North Vulcan Avenue (Address) Keith Wagner (Subdivider) Please be advised that the San Dieguito Water District conditions of Approval for Recordation of a Final Map for Case No. TM 98 -189 as required by Resolution No. PC 98 -68 have been satisfied. This tentative map expires on 11 -12 -2001. THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. Signature Date BPmemo.doc 07/30/99 CITY OF ENCINITAS MEMORANDUM TM 98 -189 DATE: 07/30/99 TO: Director, Engineering Services Department FROM: Community Services Department SUBJECT: Conditions of Approval 254 - 053 -19 (A. P. N.) 1415 North Vulcan Avenue (Address) Keith Wagner (Subdivider) Please be advised that the Community Services Department conditions of Approval for Recordation of a Final Map for Case No. TM 98 -189 as required by Resolution No. PC 98 -68 have been satisfied. This tentative map expires on 11 -12 -2001. THIS MEMORANDUM MUST BE PROCESSED BY THE SUBDIVIDER, AND RETURNED TO THE ENGINEERING SERVICES DEPARTMENT. Signature Date BPmemo.doc 07/30/99 ••1 1 \r /1 y \ 4- K NEERING SgVICES DEPARM T INTERDEPARTMENTAL TRANSMITTAL FORM �w Capital knprovement Projects District Svpport Services Field Operations Subdivision Engineering Traffic Engineering FROM: Capital Improvement Projects (CIP) ❑ Subdivision Engineering (SE) 9 Traffic Engineering (TE) ❑ District Support Services (_D) ❑ Office of the Director (# l) ❑ Field Operations (FO) ❑ T Community Development - Current Planning I O Fire -Fire Prevention ATTENTION: t6 t 1` O Kw%.e San Dieguito Water District - Engineering & Planning J� 7I f 3 Community Services - Parks & Beaches DATE: / Regarding (Finance Number O D DEPOSI TP P/MIN/I� - t 8q (Finance Number O $p - Gt �) DEPOSIT a In e y / yu c nK /It i` " (Finance Number 0 $ O - =iZ) DEPOSIT APN: 2 Ste/ — O S -3 Transmitted as following: Other Application: Final Parcel Map �J Final Map ❑ 5 Check (Type) (Check) Checkprint /Approved Copy /Original / e or Revised Comments Additional Space for Document: o- Soe-- Gin MS -to 6ol L (- �.Tnio JQ- ..•...* tab.. . • ( Staff /Consultant/CD /Fire /SDWD /OMWD/LCWD) Sketch (if needed): Improvement Plan Sf r/ Check Checkprint / Approved Copy / Original / I!DOr Revised ubl /Private) oa Drainage /Water /Sewer/TraiVPark/Faciliry) Intermediate Description: 3 / Grading Plan Check Plan Change Description: Checkprint / Approved Copy / Original / �or Revised (Mass/Rough/Prelimin ect ston on lanting & Irrigation) As Per... Our conversation ❑ My /your inquiry ❑ Our Review ❑ Our Inquiry ❑ Our Approval For your,.. Correction ❑ Comment ® Signature ❑ Information ❑ Uses ❑ Please return 7 n 2 W«k.S Please call: 'A, ?-'13 if necessary Originator. Bloc r �KvN of ( Copies to: f : I e- 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (760) 633- 27701FAX (760) 633 -2818 / TDD (760) 633 -2700 JSG /ARR/Inter_Trms.doa'03.02 99 - 1 of I Site Name: Inspector: Site Address: _ Contact Person: Phone Number: City of Construction Site Encinitas Storm Water Inspection Checklist Date: /-,P-4;` APN Number: Lev Title: Size of Site (acres): 1 a cYxl Covered under State General Construction Permit? ❑ YES O,<O If yes, is SWPPP on -site? OYES ❑ NO Erosion Control BMPs: BMPs in place? lg' s ❑ NO BMPs Include: ❑ Preserving Existing Vegetation ❑ Hydroseeding ❑ Soil Binders, Hydraulic Mulch, Bonded Fiber Matrix ❑ Geotextiles, Plastic Covers, Erosion Control Blankets/Mats ❑ Permanent Landscaping ❑ Diversion Channel for Run -on tf� Other / Jof w yurzz -1 n e Sediment Control BMP ?s: BMPs in place? &fES ❑ NO BMPs Include: t l ' Perimeter Protection: L31'rravel bags, ilt fencing, ❑ fiber rolls, gtther ❑ Slope Protection: ❑ silt fencing, ❑ fiber rolls, ❑ slope drains, ❑ other ❑ Resource Protection (environmentally sensitive areas and waterways) • Sediment Capture: ❑ detention basin, ❑ desilting basin, ❑ other • Velocity Reduction: ❑ check dams, ❑ rip rap, ❑ other 9— Off Site Sediment Tracking: gravel entrance, ❑ temp. construction road, ❑ other ❑ Inlet Protection: ❑ gravel bags, ❑ gravel rolls, ❑ other ❑ Other '� '_ le— Materials Management BMPs: BMPs in place? WES ❑ NO BMPs Include: ❑ Spill prevention and control program (employee education and training) • Fuel /chemicals stored on Site: ❑ secondary containment, ❑ leak detection, ❑ other • Equipment Related Wastes: ❑ covered, ❑ secondary containment, ❑ other • Stockpile on Site (Solids): ❑ covered, ❑ secondary containment, ❑ other • Trash /Litter on Site: ❑ receptacles provided, ❑ covered, ❑ secondary containment, ❑ other GY Concrete Waste: 0A11esignated washout area, ❑ secondary containment, ❑ other _ tY Sanitary Waste: Qs'econdary containment, ❑ located away from inlets, ❑ other Prioritize Site: ❑ High ❑ Medium Lwow (reason for "High" designation Comments: Signatures: City of Encinitas: - Date: - 4,= -! -,4' s TEL 760. 633-2600 / FAX 760-6332627 505 S. Vulcan Avenue. Encinitas, California 920243633 TDD 760-633 -2700 ♦ r recycled paper FIELD REPORT TO SUMMARY OF INSPECTION: DATE PROJECT NO. j PROBE? LOCATION eccpot a G� CONTRACTOR (J OWNER WEATHER TEMP. PRESENT AT SRTE j1 RECOMMENDATIONS: ! G G SIGNATURE HETHERINGTON ENGINEERING, INC. SOIL & FOUNDATION ENGINEERING ENGINEERING GEOLOGY • HYDROGEOLOGY 5205 Avenida Encinas, Suite A Carlsbad, Calilornia 92008 (760) 931 -1917 12P49 Pay AHMP ntn sera r. BRIAN POLLEY LAND SURVEYINQ INC. Licensed Land Surveyor No., 4670 LAND SURVEYOR & CIVIL ENGINEERS 656 METCALF STREET, ESCONDIDO, CALIFORNIA 92025 TELEPHONE: (760) 745 -3805 FACSIMILE: (760) 745-3792 May 5, 2004 Peter Cota- Robles City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 Re: Pad Certification 1415 Vulcan Avenue, City of Encinitas Tract No. 98 -189, CP DWG. 6080 -G Sheet 2A of 3 Dear Peter: Field measurements were taken on March 22, 2004 for the building pads A and B on the above - referenced grading plan. These two building pads have been graded to within a tenth of a foot of a pad grade that is shown on the approved grading plan as 66.93 for Pad A and 67.10 for Pad B. Based on my review, the subject building pads have been graded in substantial conformance with Grading Plan Drawing No. 6080 -G Sheet 2A of 3 and said building pads are located horizontally per said plan. If you have any questions, please don't hesitate to contact me at (760) 745 -3805. Sincerely, (1� Brian Polley, PLS 4 0 President ,,W'O SAND SG�P -J PD. 4670 m Ex %'�dfe Of Cat \t�l �III11 LAND PLANNING& SURVEYING - PROPERTY DEVELOPMENT ENGINEERING • CONSTRUCTION STAKING HETHERINGTON ENGINEERING, INC. SOIL & FOUNDATION ENGINEERING • ENGINEERING GEOLOGY • HYDROGEOLOGY nomw Wagner Properties 1615 Neptune Avenue Encinitas, California 92024 Attention: Mr. Keith Wagner Subject: GEOTECHNICAL UPDATE Proposed 14 -Unit Condominium Complex 1415 Vulcan Avenue Encinitas, California References: Attached Dear Mr. Wagner: �! November 19, 2002 Project No. 3459.1 Log No. 7936 D E C E 1 V E FEB 22004 D ENGINEERING SERVICES CITY Of ENCINITAS In accordance with your request, we have performed a geotechnical update for the subject site. Our services have included review of the referenced reports and plans, and a site reconnaissance by an engineer from this office on November 13, 2002. Our recent site reconnaissance indicates that the property is in a generally similar condition as during our previous work. The geotechnical conclusions and recommendations presented in our original report (Reference 1) remain applicable for the development as presently proposed. This opportunity to be of service is appreciated. If you have any questions, please contact the Carlsbad office. Sincerely, Civil Engineer 3( Geotechnical End (expires 3/31/04) INC. No. 397 * Ev.D�% n_ 4 Danny Cohen Civil Engineer 41937 Geotechnical Engineer (expires 3/31/04) 5205 Avenida Encinas, Suite A • Carlsbad, CA 92008 -4369 • (760) 931 -1917 • Fax (760) 931 -0545 32242 Paseo Adelanto, Suite C • San Juan Capistrano, CA 92675 -3610 • (949) 487 -9060 • Fax (949) 487 -9116 1) "Geotechnical Investigation, Proposed 14 -Unit Condominium Complex, 1415 Vulcan Avenue, Encinitas, California ", by Hetherington Engineering, Inc., dated October 15, 1999. 2) "The Palms, A New Apartment Complex, 1415 Vulcan Avenue, Encinitas, California ", by Saunders Wiant Architects & AM Engineers, dated November 8, 1999, Revision dated July 1, 2002. HETHERINGTON ENGINEERING, INC. Log No. 7936 HETHERINGTON ENGINEERING, INC. SOIL & FOUNDATION ENGINEERING • ENGINEERING GEOLOGY • HYDROGEOLOGY December 18, 2002 Project No. 3459.1 Log No. 7970 Wagner Properties 1615 Neptune Avenue Encinitas, California 92024 Attention: Mr. Keith Wagner Subject: FOUNDATION PLAN REVIEW Proposed 14 -Unit Condominium Complex 1415 Vulcan Avenue Encinitas, California REFERENCES: 1. "Geotechnical Investigation, Proposed 14 -Unit Condominium Complex, 1415 Vulcan Avenue, Encinitas, California," by Hetherington Engineering, Inc., dated October 15, 1999. 2. "The Palms, A New Apartment Complex, 1415 Vulcan Avenue, Encinitas, CA (Sheets Sl through Sll)" by Saunders Wiant Architects & AM Engineers, dated November 8, 1999, Revision date July 1, 2002. Dear Mr. Wagner: In accordance with your request we have reviewed the referenced report. and plans - Based on our review, it appears that the plans (Reference 2) generally conform with the recommendations contained in the geotechnical report (Reference 1). It should be noted that the spread footings indicated on the lower left hand corner of Sheet S -4, Foundation Plan, Building B are not clearly labeled and care should be taken to insure these footings are constructed properly. 5205 Avenida Encinas, Suite A • Carlsbad. CA 92008 -4369 • (760) 931.1917 • Fax (760) 931 -0545 32242 Paseo Adelanto, Suite C • San Juan Capistrano, CA 92675 -3610 • (949) 487 -9060 • Fax (949) 487 -9116 r FOUNDATION PLAN REVIEW Project No. 3459.1 Log No. 7970 December 18, 2002 Page 2 This opportunity to be of service is appreciated. If you should have any questions, please contact our office. Sincerely, Civil Engineer 41937 Geotechnical Engineer 2346 (expires 3/31/04) MDH;DC /dkw ark etheri on Civil Engineer 30488 Geotechnical Engineer 397 (expires 3/31/04) Na 7348 Z D�r� x ? No. 397 is Ex7 Dau_- n, L _ cF_ -Q- 1 r - - HETHERINGTON ENGINEERING, INC. Cw-' GEOTECHNICAL INVESTIGATION Proposed 14 -Unit Condominium Complex 1415 Vulcan Avenue Encinitas, California HETHERINGTON ENGINEERING, INC. D E C E o w E D FEB 22004 ENGINEERING SERVICES CITY OF ENCINITAS HETHERINGTON ENGINEERING, INC. SOIL & FOUNDATION ENGINEERING • ENGINEERING GEOLOGY • HYDROGEOLOGY October 15, 1999 Project No. 3459.1 Log No. 5063 Wagner Properties 1615 Neptune Avenue Encinitas, California 92024 Attention: Mr. Keith Wagner Subject: GEOTECBMCAL INVESTIGATION Proposed 14 -Unit Condominium Complex 1415 Vulcan Avenue Encinitas, California References: Attached Dear Mr. Wagner In accordance with your request, we have performed a geotechnical investigation at the subject site. Our work was performed in September and October 1999. The purpose of our investigation was to evaluate soil and geologic conditions, and provide grading and foundation recommendations for the proposed 14 -unit condominium complex. With the above in mind, our scope of work included the following: • Research and review of available pertinent geologic literature, maps, and plans for the site and immediate vicinity (see References). • Subsurface exploration consisting of four manually excavated test pits to obtain soil/bedrock samples and evaluate subsurface conditions. • Laboratory testing. • Engineering and geologic analyses. • Preparation of this report providing the results of our field and laboratory work, analyses, and our conclusions and recommendations. 5245 Avenida Encinas, Suite G • Carlsbad, CA 92008 -4369 • (760) 931 -1917 • Fax (760) 931 -0545 32242 Paseo Adelanto, Suite C • San Juan Capistrano, CA 92675 -3610 • (949) 487 -9060 • Fax (949) 487 -9116 GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 2 SITE DESCRIPTION The subject site consists of a pie- shaped, approximately' /, -acre property, located at 1415 Vulcan Avenue, between Jason Street and Sanford Street, Encinitas, California (see Location Map, Figure 1). The site is also identified as Assessor's Parcel No. 254- 053 -19. Topographically, the site is relatively level with elevations ranging from approximately 62 to 67 feet above mean sea level. The site is presently is covered by a light to moderate growth of grass, weeds and trees. Existing improvements consist of a single - family residence and several sheds. PROPOSED CONSTRUCTION Proposed construction consists of a 14 -unit, two -story condominium complex with detached carports and asphalt concrete driveway and parking areas. We anticipate relatively light wood frame construction for structures founded on conventional continuous/spread footings with slab -on -grade ground floors. Grading will consist of cuts and fills of less than 5 feet. An approximately 3 feet high (maximum) cut slope is planned along the south property boundary. SUBSURFACE EXPLORATION Subsurface conditions were explored by manually excavating four test pits to depths of approximately 4 to 5 feet below existing site grades. The approximate locations of the test pits are indicated on the Plot Plan, Figure 2. The subsurface exploration was supervised by an engineer from this office, who performed in -place density tests (Sand Cone Method, ASTM: D 1556), visually classified the soils and obtained bulk samples for laboratory testing. The soils were visually classified according to the Unified Soil Classification System. Classifications are shown on the Test Pit Logs, Figures 3 and 4. LABORATORY TESTING Laboratory testing was performed on samples obtained during the subsurface exploration. Tests performed consisted of the following: • Moisture Content (ASTM: D 2216) • Expansion Index (ASTM: D 4829) • Direct Shear (ASTM: D 3080) • Maximum Dry Density/Optimum Moisture Content (ASTM: D 1557 -91A) • Soluble Sulfate (EPA 9038) HETHERINGTON ENGINEERING, INC. �ATIOWTOS LAG AV ♦ I 9 333 K - t f r '�iu J �, � 1 ai IIA" 11 \- A yr 11 IgMAIOI 4 F'W 1i \ I 1 / �aamnxv tm ,�- at STATE eupl _ - __- __•_T`-. 3`wrr .,ARTS ;. p... ENCENf;AS� ' S`i_^yII i !ON ry t AAW in" E ICINITA _ �..,. Mj T N ADAPTED FROM The Thomas Guide, San Diego County, 1998 Edition i SCALE. I"= 2000' (1 Grid Equals: 0.5 x 0.5 Miles, 2640 x 2640 Feet) LOCATION MAP HETHERINGTON ENGINEERING, INC. 1415 Vulcan Avenue Encinitas, California GEOTECHNICAL CONSULTANTS PROJECT NO. 3459.1 1 FIGURE NO. 1 GEOTECIiNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 3 Results of the in -place density and moisture content determinations are presented on the Test Pit Logs, Figures 3 and 4. The remaining laboratory test results are presented on Figures 5 and 6. SOIL AND GEOLOGIC CONDITIONS Geologic Setting The subject site lies within a stretch of coastal hills that are contained within the coastal plain region of northern San Diego County, California. These coastal hills are characterized by numerous regressive marine terraces of Pleistocene age that have been established and deposited above wave -cut platforms of the underlying Eocene bedrock during glacio - eustatic changes in sea - level. The terraces typically extend from areas of higher elevation approximately one mile east of the site and descend generally west - southwest in a "stairstep" fashion down to the present day coastline. The subject property is situated on a portion of marine terrace referred to as the Nestor Terrace (Eisenberg, 1983), which generally comprises the immediate coastal strip along northern San Diego County. This area is contained within the west - central portion of the USGS Encinitas 7 -1/2 minute quadrangle. The proposed construction site is underlain by undocumented frll/colluvium and continental and marine terrace deposits. No evidence of bedding, faulting, or groundwater was observed in the test pits. Active or potentially active fault zones within the general site region include the offshore extension of the Rose Canyon, offshore Coronado Bank and Elsinore, which are located approximately 2 -%: miles/5 kilometers southwest, 18 miles/35 kilometers southwest, and 26 miles/44 kilometers northeast from the site respectively. A brief description of the geologic units observed within the site follows. 2. Geologic Units a. Fill/Colluvium - Undocumented frll/colluvium exists across the entire site. The frll/colluvium generally consists of damp to moist, loose, fine to medium sand on the order of 2 to 3 feet thick. b. Terrace Deposits - Pleistocene terrace deposits were encountered beneath the frll/colluvium in all of the test pits. The terrace deposits consist generally of moist, medium dense to dense, brown to red brown, silty fine to medium sand. HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 4 3. Groundwater No groundwater was observed in the test pits during our investigation. It should be noted, however, that fluctuations in the amount and level of groundwater may occur due to variations in rainfall, irrigation, and other factors, which may not have been evident at the time of our field investigation. SEISMICITY The site is within the seismically active southern California region. There are, however, no known active or potentially active faults located within or adjacent to the site. The nearest faults of significance are a series of generally northeast trending and steeply northwest dipping faults that have been mapped within the seacliff along the shoreline west of the site. Recent activity on these faults has not been established within the last 11,000 years, consequently they are not considered active. Active and potentially active fault zones within the general site region include the offshore extension of the Rose Canyon, offshore Coronado Bank, and the Elsinore, which are located approximately 2 -' /� miles/5 kilometers southwest, 18 miles/35 kilometers southwest, and 26 miles/44 kilometers northeast from the site, respectively. Strong ground motion could also be expected from earthquakes occurring along the San Diego Trough, San Jacinto and San Andreas fault zones, which lie approximately 28 miles/45 kilometers southwest, 50 -%: miles/81 kilometers northeast, and 65 miles/104 kilometers southwest of the site, respectively. Seismic risks on -site are limited to ground shaking during seismic events on active faults in the region. The following table lists the known active or potentially active faults, which would have the greatest impact on the site. Fault Maximum Probable Fault Type Slip Rate Earthquake mm/vr. omen[ Ma itude Rose Canyon (5 kilometers SW) 6.9 B 1.5 Coronado Bank 35 kilometers S 7.4 B 3 Elsinore (44 kilometers NE) 6.8 B 5 HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 5 SEISMIC EFFECTS 1. Ground Motion The most significant probable earthquake to effect the site would be a 6.9 magnitude earthquake along the Rose Canyon fault zone. Strong ground motion exceeding 25 seconds is possible. 2. Liquefaction Liquefaction is not considered a potential site hazard due to the dense underlying terrace deposits and lack of shallow ground water. 3. Landsliding Seismically induced landsliding is not considered a site hazard due to the relatively level nature of the site. 4. Tsunamis Due to the relatively high elevation of the site seismically generated ocean waves are not considered a site hazard. CONCLUSIONS AND RECOMMENDATIONS 1. General The proposed development is feasible from a geotechnical standpoint. Grading and foundation plans should take into account the appropriate geotechnical features of the site. 2. Slope Stability The proposed 3 feet high (maximum) cut slope along the south property boundary is considered to be grossly and surficial stable at a slope ratio of 2:1 (horizontal to vertical) or flatter. 3. Site Grading a. Clearing and Grubbing - Existing structures, vegetation and miscellaneous debris should be cleared and removed from the site. Holes resulting from the removal of buried obstructions, which extend below finished site grades, should be replaced with compacted fill. In the event that abandoned cesspools, septic tanks or storage tanks are discovered during the excavation HETHERINGTON ENGINEERING, INC. GEOTECHMCAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 6 of the site, they should be removed and backfilled in accordance with local regulations. Existing utility lines to be abandoned should be removed and capped in accordance with the local requirements. b. Removal of Unsuitable Soils - All undocumented ftll/colluvium and other unsuitable material that may be encountered during grading should be removed to dense terrace deposits over the entire area planned for structural improvements, including concrete flatwork. Removals should extend to at least 5 -feet beyond the limits of the planned improvements. Removals are anticipated to extend approximately 3 -feet below existing site grades. Final removal depths should be determined by the Geotechnical Engineer during site grading. C. Scarification - After the required removals have been made, all areas to receive fill should be scarified to a minimum depth of 6 to 8- inches, brought to near optimum moisture content, and compacted to at least 90 percent relative compaction (ASTM: D 1557 -91). d. Compacted Fill - Fill soils should be moisture conditioned to about optimum moisture content and compacted by mechanical means in uniform horizontal lifts of 6 to 8- inches in thickness. All fill should be compacted to a minimum relative compaction of 90 percent based upon ASTM: D 1557 -91. The on -site materials are suitable for use as compacted fill. Rock fragments over 6- inches in dimension and other perishable or unsuitable materials should be excluded from the fill. All grading and compaction should be observed and tested by the Geotechnical Engineer. e. Cut/Fill Transitions — In order to reduce the potential for differential settlement between cut and fill, should a cut/fill transition exist upon completion of grading, the cut portion of the building pad should be overexcavated to a depth of 3 feet below finished grade and replaced with compacted fill. 4. Foundation and Slab Recommendations The proposed structures may be supported on conventional continuous/spread footings bearing entirely in terrace deposits or compacted fill. Footings should spread extend to a minimum depth of 18- inches into terrace deposits or compacted fill. Footings located adjacent to utility trenches should extend below a 1:1 plane projected upward from the inside bottom comer of the trench. Continuous footings should be reinforced with a minimum of two #4 bars, one top and one bottom. Footings bearing as recommended may be designed for a dead plus live load bearing value of 2000 pounds per square foot. This value may be increased by one -third for HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 7 loads including wind or seismic forces. A lateral bearing value of 250 pounds per square foot per foot of depth and a coefficient of friction between foundation soil and concrete of 0.4 may be assumed. These values assume that footings will be poured neat against the foundation soils. Footing excavations should be observed by the Geotechnical Engineer prior to the placement of steel to ensure that they are founded in suitable bearing materials. Floor slabs should have a minimum thickness of 4- inches and should be reinforced with at least #3 bars spaced at 18- inches, center to center, in two directions, and supported on chairs so that the reinforcement is at mid - height in the slab. Floor slabs should be underlain by 4 inches of clean sand and a 6 -mil visqueen moisture barrier. The moisture barrier should be placed in the middle of the sand layer. Prior to placing concrete, the slab subgrade soils should be thoroughly moistened. 5. Retaining Walls Retaining walls free to rotate (cantilevered walls) should be designed for an active pressure of 30 pounds per cubic foot, equivalent fluid pressure, assuming level backfill consisting of the granular on -site soils. Walls restrained from movement at the top should be designed for an additional uniform soils pressure of 8xH pounds per square foot where H is the height of the wall in feet. Any additional surcharge pressure behind the wall should be added to these values. Retaining wall footings should be designed in accordance with the previous building foundation recommendations. Retaining walls should be provided with adequate drainage to prevent buildup of hydrostatic pressure and should be adequately waterproofed. 6. Trench and Retaining Wall Backfill All trench and retaining wall backfrll should be compacted to at least 90 percent relative compaction and tested by the Geotechnical Engineer. 7. Site Drainage The following recommendations are intended to minimize the potential adverse effects of water on the structure and appurtenances. a. Consideration should be given to providing structures with roof gutters and downspouts. b. All site drainage should be directed away from structures. On -site soils are sandy in nature and are erodible if exposed to concentrated drainage. HETHERINGTON ENGINEERING, INC. GEOTECHMCAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 8 C. No landscaping should be allowed against structures. Moisture accumulation or watering adjacent to foundations can result in deterioration of wood/stucco and may effect foundation performance. d. Irrigated areas should not be over - watered. Irrigation should be limited to that required to maintain the vegetation. Additionally, automatic systems must be seasonally adjusted to minimize over - saturation potential particularly in the winter (rainy) season. e. All yard and roof drains should be periodically checked to verify they are not blocked and flow properly. This may be accomplished either visually or, in the case of subsurface drains, placing a hose at the inlet and checking the outlet for flow. 8. Seismic Parameters The following seismic parameters for use in the design of structural elements are provided for the project: a) Ground Motions — The proposed structures should be designed and constructed to resist the effects of seismic ground motions as provided in Division IV- Earthquake Design of the 1997 Uniform Building Code. The basis for the design is dependent on and considers seismic zoning, site characteristics, occupancy, configuration, structural system and building height. b) Soil Profile Type — In accordance with Section 1629.3.1, Table 16 -J and the underlying geologic conditions, a site Soil Profile of Type S. is considered appropriate for the subject property. c) Seismic Zone — In accordance with Section 1629.4.1 and Figure 16 -2, the subject site is situated within Seismic Zone 4. d) Seismic Zone Factor (z) — A seismic zone factor of 0.40 is assigned based on Table 16 -I. Since the site is within Seismic Zone 4, Section 1629.4.2 requires a seismic source type and near source factor. e) Near-Source Factor (N and N,) — Based on the known active faults in the region and distance of the faults from the site, a Seismic Source Type of B per table 16 -U, and Near Source Factors of N. = 1.0 per Table 16 -S and N, - 1.2 per Table 16 -T are provided. f) Seismic Coefficients (C. and C,_) — Using the Soil Profile Type and Seismic Zone Factor along with Tables 16 -Q and 16 -R, the Seismic Coefficients C, - 0.40 (NJ and C, - 0.56 (NJ are provided, or C. = 0.40 and C, = 0.67. HETHERINGTON ENGINEERING, INC. GEOTECBNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 9 9. Concrete Flatwork Concrete flatwork should be at least 4- inches thick and reinforced with No. 3 bars placed at 18- inches on center (two directions) and placed on chairs so that the reinforcement is in the center of the slab. Slab subgrade should be thoroughly moistened prior to placement of concrete. Contraction joints should be provided at 10 feet spacings (maximum). 10. Asphalt Concrete Pavement Asphalt concrete pavement should be designed based on R -value tests performed at the completion of site grading. For preliminary design purposes a pavement section of 3 inches of asphalt concrete over 4 inches of Class 2 aggregate base is recommended. 11. Type Cement for Construction Based on the results of soluble sulfate tests, sulfate resistant concrete is not required for concrete in contact with the on -site soils. 12. Grading and Foundation Plan Review Grading and foundation plans should be reviewed by the Geotechnical Engineer to confirm conformance with the recommendations presented herein and to modify the recommendations as necessary. LIMITATIONS The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of our investigation and further assume the excavations to be representative of the subsurface conditions throughout the site. If different subsurface conditions from those encountered during our exploration are observed or appear to be present in excavations, the Geotechnical Engineer should be promptly notified for review and reconsideration of recommendations. HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page_ 10 This opportunity to be of service is sincerely appreciated. If you have any questions, please call our Carlsbad office. Very truly yours, HETHERINGTON ENGINEERING, INC. Civil Engineer 30488 Geotechnical Engineer 397 (expires 3/3 Danny Cohen Civil Engineer 41937 Geotechnical Engineer 2346 (expires 3/31/00) 1 Registered Geologist 3772 Certified Engineering Geologist 1153 (expires 3/31/00) Attachments: Location Map Figure 1 Plot Plan Figure 2 Test Pits Logs Figures 3 and 4 Laboratory Test Data Figures 5 through 8 Distribution: Addressee (4) HETHERINGTON ENGINEERING, INC. E.fi.1153 N .'4-16,ORF 900 Oi 1 M J �( 0 1 2 0 15 30 45 60 LEGEND TP-4 -J� APPROXIMATE LOCAL GWi„t , 'AA I -b MON OF TEST PIT 4 ;4y11 PLOT PLAN HETHERINGTON ENGINEERING, INC. GEOTECHNICAL CONSULTANTS N' 1� 1415 Vulcan Avenue Encinitas, California PROJECT NO. 3459.1 1 FIGURE NO. 2 BACKHOE COMPANY:Mansolf Excavation BUCKET SIZE: Hand Pit DATE: 09/24/99 y SOIL DESCRIPTION M U E, D a m W � a o o o_ TEST PIT NO.TP -1 ELEVATION: + -0.0 SM FILL/COLLUVIUM: Light brown silty fine to medium sand dry, SM loose _ _ - _ _ _ Light brown silty fine to medium sand, dry to slightly moist, loose to medium dense, porous, occasional rootlets and roots to 3/16" diameter. 93 I 1.7 TERRACE DEPOSITS: Light brown silty fine to medium sand, medium dense to dense, damp - - - - - - - - - Tan to whitish gray_silty fine to_medium_sand; damp, dense 99 3.8 Mottled orange and tan silty medium sand with trace to some clay, damp to moist, dense to very dense 5.0 Total depth: 5.0 feet No groundwater encountered No caving i i I i TEST PIT NO.TP -2 ELEVATION: *- 0 0 SM FILL/COLLUVIUM: Light brown silty fine to medium sand dry, -5M loose - - - - - - - - Light brown to brown silty fine to medium sand, slightly moist, loose i to medium dense, porous, rootlets and roots to 1/8" diameter. TERRACE DEPOSITS: Tan to whitish gray silty fine to medium i i sand, slightly moist, medium dense Light yellow to tan silty medium sand, dam p, dense to ve dense 5.0 I Total depth: 5 feet No water i No caving I 1 10.0 LOG OF TEST PITS 1415 Vulcan Avenue HETHERINGTON ENGINEERING, INC. Encinitas, California GEOTECHNICAL CONSULTANTS PROJECT NO. 3459,1 I FIGURE NO. 3 BACKHOE COMPANY:Mansolf Excavation BUCKET SIZE: Hand Pit DATE: 09124/99 N . SOIL DESCRIPTION S F - D 2 U o a, ,: s a o o iS TEST PIT NO -3 ELEVATION: t -TP 0.0 SM FILLICOLLUVIUM: Gray brown silty sand with some clay, slightly L SM moist, loose, rootlets _ - - Light brown silty fine to medium sand, slightly moist, dense, occasional roots to 1/4" diameter rl @ 18 ": Buried chunk of grass and roots in test pit wall I 108 2.1 TERRACE DEPOSITS: Light brown to yellow and orange brown silty fine to medium sand, slightly moist, dense, apparent _ structure/porosity - _ _ Orange to yellow brown silty mdium sand with a trace of clay, - damp, very dense to refusal Total depth: 4 feet 5.0— No water No caving I 10.0 — -- — TEST PIT NO. TIP-4 ELEVATION: t 0.0 SM FILL/COLLUVIUM: Brown to light brown silty fine to medium sand, loose to medium dense, slightly moist, rootlets and T occasional roots to 3" diameter, some buried topsoil /grass chunks TERRACE DEPOSITS: Light brown silty fine to medium sand, slightly moist, medium dense to dense, some rootlets - Orange to yellow brown silty medium sand, damp, very dense, apparent structure /porosity I 5.0 —� � Total depth: 5 feet No water - No caving I 10.0-- LOG OF TEST PITS 1415 Vulcan Avenue HETHERINGTON ENGINEERING, INC. _ Encinitas, California GEOTECHNICAL CONSULTANTS i PROJECT NO. 3459.1 FIGURE NO. 5 EXPANSION (ASTM: D 4829) Sample Location Cohesion Compacted (Pso Friction (0) Remarks Initial Dry Density Final Volu- Sample Moisture (pcfl Moisture metric Expansion Expansion Location N saturated, drained N Swell Index Potential TP -1 @ 1' 7.8 116 14.0 0 0 Very low TP -2 @1' 8.6 112 12.9 0 0 Very low TP -3 @1' 7.9 118 12.3 0 0 Very low TP -4 @1' 9.4 108 17.7 0 0 Very low DIRECT SHEAR (ASTM: D 3080) Sample Location Cohesion ,angle of Internal (Pso Friction (0) Remarks TP -1 @1' 25 34 Remolded to 90% R.C., consolidated, saturated, drained 75 35 Remolded to 90% R.C. consolidated, saturated, drained Figure 5 Log No. 5063 SULFATE TEST RESULTS (EPA 9038) SUMMARY OF MAXIMUM DRY DENSITY/ Soluble Sulfate in Soil %) TP -1 w.0 -1' OPTIMUM MOISTURE CONTENT DETERMINATIONS TP -2 1 -2' 0.020 (ASTM: D 1557 -91A) Negligible Sample Description Maximum Dry Optimum Location Density (pco Moisture Content ( %) TP -1 @1' Light brown silty sand 122.0 12.0 TP -3 @1' Light brown silty sand 125.0 8.0 SULFATE TEST RESULTS (EPA 9038) Sample Location Soluble Sulfate in Soil %) TP -1 w.0 -1' 0.053 TP -2 1 -2' 0.020 TP -3 0 -1' Negligible TP -4 P, 1 -2' 0.020 TP -4 0.4.5 — 5' 0.009 Figure 6 Log No. 5063 S-06-1999 1:23Pnt FP.OM Kr i WAGNER 760 944 3342 P 2 ATTACHMENT "B" Resolution No. PC 98-68 Project No.: 98- I S9 TM/DR/CDP Applicant: Keith Wagner rn 13 " Location: 1415 North Vulcan Avenuc (APN: 254- 053 -19) GIN O' SCI SPECIFIC CONDITIONS: SC Approval of the Tentative Map and all associated permits will expire on November 12, 2001 at 5:00 pm, three years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. LX5 This project is conditionally approved as set forth on the application and project plans dated received by the City on Ju!y l7, 1998, consisling of thirteen sheets, including: (I) the Project Plans Cover Sheet; (2) Sheet A -O: the Site Plan with Fencing Elevation Drawings; (3) Sheet A -l: the Floor Plans/RcofPlan for Building "A:" (4) Sheet A -2: the Floor Plans for Building "B;" (5) Sheet A -3: the Carport Elevation Drawings; (6) Sheet A -4: the Exterior Elevation Drawings for Buildings "A" and "B ;' (7) Sheet .A -5: the Exterior Elevation Drawings for Building "B;' (8) Sheet E -1: the Site Lighting Plan; (9) the Tentative Map; (10) Sheet L -1: the Planting Plan; (11) Sheet L -2: the Irrigation Plan; (12) Sheet L -3: the Hardscape Plan; and (13) Sheet L -4, Details and Specifications. fn addition, the application request included a mounted Color and Materials Board and a mounted Elevation Rendering which was reviewed by the Planning Commission at the public hearing. All of the above listed exhibits designated as approved by the Planning Commission on November 12, 1998, and shall not be altered without express authorization by the Community DevelopmentDepanment. f I 'U Ul— A Prior to the issuance of the first Building Permit within the subdivision, the careort structures shall be redesigned so as rot to exceed 12 feet in height. rL/ lXB Gates shall be provided in the fences between patio areas of Building "B" to allow for emergency response access. rL �A bordered stamped - concrete accent strip or a flagstone band, a minimum of ten feet in width, shall be provided near the driveway entry across the access driveway, along the drainage swate, and across the driveway access to tee parking area in front of Bui!diag A to the satisfaction of the Community Development Department. A 4 -foot high, w,-ought iron or other decorative fence (non- chainlink) with a self- latching gate shall be provided around the recreational landscaped area on the north side of the driveway. All block walls within the subdivision shall be finished with a stucco exterior to match the main buildings; or shall be constructed of decorative split -faced or slumpstone block material. The main mailbox shall be relocated to the landscaped area to the southwest of Building A, or shall be made a part of CcVcro /f:98.189p_'- 1 1 1- 12 -93) 15 JJllr� 3 -08 -1999 1:24PM FROM 1 -H WAGNEP. 760 944 3342 the design of the laundr✓ structure, if said locations are approved by the Encinitas postmaster. All exterior lights within this subdivision shall be provided shields to obscure the ii�ht source so that light is directed up or down to avoid light glare spill -off from impacting adjacent property. SCD Five (5) feet shall be dedicated by the developer along the subdivision frontage based on a 13#60 e)W center line to right -of -way width of the North 101 Corridor Specific Plan and in conformance W yc> . with City of Encinitas standards. 5C Plans, specifications.and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final Wrap, the Subdivider shall SaE wotY)-L install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City standards to the satisfaction of the City Engineer: Concrete curb, gutter and sidewalk and AC paving along the project frontage. AC paving shall conform to City of Encinitas public streccs 11---- standards (minimum 4 inch AC over 6 inch AB). ie The p ro per ry owner,'developer shat! contact t SSan Dieguito Wa te- r Districtisgarding compliance with the following conditions: (1) A separate water meter for landscaping shai i be required. (2) The developeripropertyowner shall show all existing and proposed water facilities on street improvement or grading plans for District review and approval. (3) The developeriproperty owner is required to comply with the District's fees. charges, rules and regulations including the installationof any required on -site and off -site facilities Cd In accordance with the mitigation measure established by the Environmental Initiai Crwe" Assessment (EIA) for the project, the developer /property owner shall pay school impact mitigation fees, as established by the appropriate School District, prior to the issuance of a Building Permit within the subdivision. St The Final Map shall comply with Section 1351 of the Business and Professions Code and the Final Map shall include a statement identifying this project as a "Condominium Subdivision with a maximum SCI The de�telem -wall execute and record a covenant satisfactory to the Community, e`ve opment uepartment reserving one unit as an affordable housing unlit in accordance with ,10 — . C;nO vis nol sof Chapter 24.21 of the Encinitas Municipal Code. Said covenant shall include language that the inclusiorary (affordable) housing unit shall be reserved in perpetuity at rem I' e� levels affordable to "very low income' households, those earning at or below 50 % of the regional median income level, or to households or individuals above the 50% regienal median income level should the City revise this standard in the future. Income levels and affordable housing payments are established by HUD on an annual basis. Should an "in- lied' fee for inclusionary housing be established by the City prior to building permit issuance, the property ownerldeveloper may elect to pay that fee as an alternative to providing the units in the m.3rmer described above. cmcraf.99 -I a9pcl (11- 12 -95) 16 3 -06 -1999 1:24PM FROM Kt I WAGNER 760 944 3342 P.4 Gl STANDARD CONDITIONS CONTACT THE COM'Vm MTY DEVELOPMENT D�PARTAIENT REGARDING COMPLIANCE WITH FOLLO Ml This approval may be appealed to the City Council within 10 calendar days from :he date o: this approval pursuantto Chapter 1.12 of the Municipal Code. 615 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other appiicable City regulations in effect at the time of Building Permit issuance unless specificallywaived herein. �! Prior to issuing a final ins> eetion on &amine the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans. tG9 Trash cnclosure(s) shail be constructed of masonry with an exterior compatible with that of the building(s),and shall be provided with solid metal, view- obstructinggates as approved by the authorized agency. Adequate space for recyclable materials shall be provided within the enclosure, or attached to the enclosure in an aesthetically appropriate manner, in accordance with Municipal Code requirements. WO All retaining and other freestanding walls, fcnces, and enciosures shall be architecturally designed in a manner similar to, and consistent with, die primary structures (e.g. stucco - coated masonry, split -face block or slump stone). These items shall be approved by the Community Development Department prior to the issuance of building and/or grading permits. s}}!� All roof - mounted equipment and appurtenances. including air conditioners, shall be architecturally integrated. and shall be shielded from view and sound buffered to the satisfaction of the Community Development Department. Ground- mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Community Development Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfactionof the Community Development Department. GO The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development and Engineenne Services Departments. The applicant is advised to contact the Community Development Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School Districts) regarding School Fees, the Fire cdhrorC98- 189pc2111.12 -95) 17 3 -08 -199= 1.25PM FROM k -1 WAGNER 760 944 3342 P D Department regarding Fire blitigationlCost Recovery Fees, and the applicable Utility Departments or Districts regarding Water arullor Sewer Fees. r- L2 All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be insta!led and maintained underground (except drip irrigation systems) OR 1 Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal and approval of an amendment of the design review permit by the authorized agency. FI • FIRE CONDITIONS: CONTACT THE ENCINIT�FIRE DEPARTMENT CARDING COMPLIANCE WITH THE FOLLOWING CONDITI@ F2 ACCESS ROADWAY" DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet and an unobstructed vertka! clearance of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence shall not be less than 16 feet of paved width. F7 RESPONSE MAPS: Any development that by virtue of new structures necessitates fire hydrants, roadways, or similar features. shall be required to provide a map in a format compatible with current Department mapping services, and shall be charged a reasonable fee for updating all Fire Department response maps. F8 COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials on the project site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide a permanent all - weather strfacc for emergcrlcy vehicles. Said access shall be maintained to the satisfaction of the Fire Department F9 POSTING OF ROADWAYS: Emergency access roadways when required shall be properly identified as per Fire Department standards. F10 OBSTRUCTIONS (ACCESS ROADWAYS): Ali traffic lanes shall be a minim= of 24 feet in width during construction and shall be maintained clear and free of obstructions during construction in accordance with the Uniform Fire Codc. Cd/cro&'98.189pc-- (11- 12 -93) 18 3 -08 -1959 1 :26Pt4 FR94 K" _i wAGPER 760 944 3342 _r S •e F0. P o FIRE HYDRANTS & FIRE FLOWS: The applicant shall provide fire hydrants of a typer number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. A two -sided blue reflective road marker shall be installed on the road surface to indicate the location of the fire hydrant for approaching fire apparatus. A fire hydrant shall be installed at the southeast comer of the private access road and North Vulcan Avenue. 13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of the address numbers shall conform to Fire Department Standards. ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. Fl$ AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic fire sprinkler system installed to the satisfaction of the Fire Department ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. (Et No grading permits shall be issued for this subdivision prior to recordation of the final map. tick f"tk a— of OL .F 6o8p_c„ 96 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 'Fy" The grading for this project is defined in Chapter 23.23 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and trify compliance with Chapter23.24 of the Encinitas Municipal Code. Ee5 No grading shall occur outside the limits of the project unless a letter of permission, is obtained from the owners of the affected properties. lEQ / All newly created slopes within this project shall be no steeper than 2:1. cGcrotf:98.189rc2 (1 I- 12 -98> 19 3 -06 -1999 1:26P4 FROM K' 4 WAGNER 760 944 3342 � A soil s/geo iogical/hydrauiic report (as applicable) shall be prepared by a qualified engineer u^�1 licensed by the State of California to perform such work. Such report shall be submitted and ((4 ht� approved prior to Canal map approval. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent FAJ- , lands, shall be required. Said drainage system shall include any easements and structures as required by the Engi neering Services Di rector to properlyhandle the drainage. The developer shall pay the current local drainage area fee prior to approval of the final map Cok��— for this project or shall construct drainage systems in conformance with the ,Master Drainage ?lan and City of Encinitas Standards as required by the Engineering Services Director. P5 ® Concentrated flows across driveways and/or sidewalks shall not be permitted. �R Th developer e de er shall make an offer of dedication to the City for all public streets and 5 ° ° easements required by these conditions or shown on the Tentative Map. 17he offer shall be made by a certificate on the Final Map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Vern Reciprocal access and/or maintenance agreements shall be provided ensuring access to all parcels over prvate roads, drives or parking areas and maintenance thereof to the satisfact:or, of the Engineering Services Director. S7 In accordance with Chapter 23.36 of the Municipa! Code, the developer shall execute and record a covenant va ith the County Recorder agreeing not to oppose the forinaticn of an assessment district to fund the undergroundingof utility facility improvements. S The design of all private streets and drainage systems shall be approved by the Engineering Services Director prior to approval of the Final Map for this project. The structural section o: racQD -Gpll private streets shall conform to City of Encinitas Standards based on R -value tests. The standard improvement plan check deposit is required. 4W> The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. E 31�Thedevelopershallberesponsibleforcoordination. withS .D.G. &S.,PacificTelephone,and other applicable authorities. EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. cdhrolf.98- 199pc: 0 1- 12 -98) 20 3 -05 -1999 1:27P ^1 FROM K 'i WAGNER 760 941 3342 P S65 The devclooer shall be responsible for the relocation and undergroundingof existing public utilities, as required. An in -lieu fee for future undergrounding based upon a cost estimate prepared by SDG &E may be paid by the developerto the satisfaction of the City Engineer. E�13 This project is approved specifically as 1 (single) phase. cdfcrdr:98- I S9pc2 (1 I- 12 -98) 21 I f CITY OF ENCINITAS TENTATIVE MAP T.M. 98 -- SIIBDINDER'S STATEMENT: I ) III I P 22230 I I C. I � r^ o F— TJ 3 FT N Aµ CI e �mw d1/ � oM1 E_�— l Into C I f CITY OF ENCINITAS TENTATIVE MAP T.M. 98 -- SIIBDINDER'S STATEMENT: a AcxEEi io oEfErvo Mc ES O c SUBDINDER I iffii um ifIt k FA - i FGEN CONCR'TE '7WALE Efr sw m, r'noi z aA (. l �° BLOCK 3 MAP 1776 o. .,ra r ea waw c- au�nff � x�r scam r nwdnxa s o a�ar° c aw�xoEd + PEa . a,w rF MA �rlw F/C 2V _a 1 1/2- rrsv x I� � ME. s>,x. aE x nccwo.w m.oE nno ns uaao+x0 e IM >F.n iolssx) "sa e- o.C. o.cd s' xnne snd rownn rava0 oex: no .+sn sucnDin ) i d� lTYPICAL SECTI N VJI CAN AVENUE CITY OF ENCINi?x;y jz ? L� )...' 4A +JrzAN mww�w OWNER'S STATEMENT CITY OF ENCINITAS TRACT 98-189 WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA THE LAND SUBDIVIDED BY THIS MAP AND WE CONSENT TO THE PREPARATION ACCORDING TO MAP THEREOF NO, 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, AND RECORDATION OF THIS MAP, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST. TO THE CITY OF ENCINITAS MUNICIPAL CODE AND FOUND IT TO BE IN FOR A COMPLETE METES AND BOUNDS DESCRIPTION REFER TO THE CERTIFIED TITLE REPORT ON FILE AT THE CITY ENGINEER'S OFFICE, LOT i OF THIS SUBDIVISION IS A CONDOMINIUM LOT AS DEFINED IN SECTION THE REQUEST OF BRIAN POLLEY, THIS _DAY OF 2001, 1350 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA. THERE WILL BE A THE SUBDIVISION GUARANTEE FOR THIS SUBDIVISION IS FURNISHED BY CHICAGO TITLE COMPANY MAXIMUM OF 14 DWELLING UNITS ON LOT 1, AND IS FILED PURSUANT TO THE SUBDIVISION MAP ACT. AS ORDER NO. 93066012 -U50, DATED JUNE 19, 2001 STATE OF CALIFORNIA j){ WE HEREBY DEDICATE TO THE CITY OF ENCINITAS THAT PORTION COUNTY O�F SAN DIEGO) SS OF VULCAN AVENUE, AS SHOWN ON THIS MAP. - ON l C•A_M BEFORE ME, J G ?,D� ��2 STATE OF CALIFORNIA l PER$ ALLY APPEARED WGiA - 2 fir / KEITH WAGNER, CONRAD F, WAGNER AND WANpA H. WAGNER, COUNTY OF SAN DIEGO) SS ROBERT J LUSITANA, AS OWNERS -_� PERSONALLY AOWN TO ME (OR PROVED l�.!� N ON LtfN�A ��3. 01 BEFORE ME, JOUCe D ElYI`P� PERSONALLY TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) BY: BY: APPEARED .).l.us) ww PFRmnin IY`KNnWN TO ME (OR WHOSE NAME(S) IS /ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND TH W. W E ROBERT J. L SITANA PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE ACKNOWLEDGED TO ME THAT (HE /SHE /THEY) EXECUTED THE SAME IN PERSON(S) WHOSE NAME(S) IS /ARE SUBSCRIBED TO THE WITHIN INSTRUMENT (HIS /HER /THEIR) AUTHORIZED CAPACITY(IES), AND THAT BY (HIS /HER /THEIR) g E1•A�sL�i.k�n AND KNOWLEDGED TO ME THAT (HE /SHE /THEY) EXECUTED THE SAME IN SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON CONRAD F. WAGNER WANDA H. WAGNER U (HIS /HER /THEIR) AUTHORIZED CAPACITY(IES), AND THAT BY (HIS /HER /THEIR) BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON WITNESS MY D AND OFFICIAL SEAL TATEMENT BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. TRUSTEE'S S 0 w cco T68a -MW, SIGNATUR A CALIFORNIA CORPORATION, AS WITNESS MY HAND AND OFFICIAL SEAL �- •- • - -� -� __-••� TRUSTEE UNDER DEED OF TRUST RECORDED SEPTEMBER 2, 1997 AS t JOYCE D�EMERV q PRINT NAM `P. FILE NO, 1997- 0425083 OF OFFICIAL RECORDS. SIGNATURE . < comet ai24s4s) v q NO ARY PUBLIC IN ANI FIR E -( i �.. na�s`a�o °1ooc PRINT NAM �� PRINCIPAL PLACE OF BUSINESS IS COUNTY OF / MY Commssion EzP JANt 33, 2004 SR t cE PRESIDENT SEC' ARY A NOTARY PU LIC IN AND FORS D STATE cc^ MY COMMISSION EXPIRES 00 PRINCIPAL PLACE OF BUSINESS IS COUNTY OF x,2...4 STATE OF CALIFORNIA 5,,. MY COMMISSION EXPIRES z CO U COUNTY OF SAN DIEGO ' .2 7 On�a�+l,� 300 B FORE ME, PERSONALLY STATE OF CALIFORNIA I- A QhK PERSONALLY KNOWN TO ME (OR COUNTY OF SAN DIEGOjSS Y^� / PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE ON OLBEFORE ME, �© �- J C'eY'f' PERSONALLY PERSON($) WHOSE NAME(S) IS /ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND KNOWLEDGED TO ME THAT (HE /SHE /THEY) EXECUTED THE SAME IN APPEA ED OIY a �, rr PERSONALLY�NOWN TO ME (OR (HIS /HER /THEIR) AUTHORIZED CAPACITY(IES), AND THAT BY (HIS /HER /THEIR) PROVED TO ME ON THE BASIS 0 SATISFACTORY EVIDENCE) TO BE THE SIGNATURE(S) ON THE INSTRUMENT THE Tk48 -> ENTITY UPON PERSON(S) WHOSE NAME(S) IS /ARE SUBSCRIBED TO THE WITHIN INSTRUMENT BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT AND KNOWLEDGED TO ME THAT (HE /SHE /THEY) EXECUTED THE SAME IN WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE C. YYN n 1(N c�M/J PRINT NAME C.tM MD/`d Q_s N7 S A NOTARY PUBLIC IN AND FOR SAID STATE � v SOILS ENGINEER'S STATEMENT MAP NO. SURVEYOR'S STATEMENT BRIAN POLLEY, A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA, HEREBY STATE THAT THE SURVEY OF THIS SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECTION IN NOVEMBER, 1997, AND THAT SAID SURVEY IS TRUE AND COMPLETE AS SHOWN; THAT ALL THE MONUMENTS OF THE CHARACTER INDICATED HAVE BEEN SET OR FOUND AT THE SUBDIVISION BOUNDARY CORNERS, AND SUCH MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED (SEE LEGEND ON SHEET NO. 3). —. � PND S� •, R ?A 1 BRIAN POLLEY PLS 4670 MAR. 75, 2001 ! �930 MY REGISTRATION EXPIRES 9 -30- 2003 P - JoVCE D. EMERY II ENGINEER'S STATEMENT comma: mo piz4v4w< j . o' ' o ALAN D. ARCHIBALD, CITY ENGINEER OF THE C OF ENCINITAS, STATE My Comm an EKpuJ�K 13^2004 HAT HAV CITY OF EXAMINED THIS MAP; THAT THE SUBDIVISION IS UBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND STATE ANY APPROVED ALTERATIONS THEREOF; THAT ALI. THE PROVISIONS OF THE SUBDIVISION MAP ACT AND TITLE: 24 OF THE CITY OF ENCINITAS CODE HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. ALL WORK SHOWN IS IN ACCORDANCE WITH THE CONCLUSIONS AND - " - -- RECOMMENDATIONS OF THE GEOTECHNICAL INVESTIGATION. ALAN D. ARCHIBALD PROJECT N0. 3459.1 f R.C.E. 21869 HETHERINGTON ENGINEERING, INC. BY: ��, MY REGISTRACTION EXPIRES 9 -30 -07 SOIL &FOUNDATION ENGINEERING M X y0N DATE: ENGINEERING GEOLOGY GEOTECHNICAL ENGINEER 397 - HYDROGEOLOGY LICENSE EXPIRES 3 04 5245 AVENIDA ENCINAS, SUITE G DATE:::: O ooAOre'sroro CARLSBAD, CA 92008 -4369 Y''^E� fH,xPAFyc -CLERK OF THE BOARD'S STATEMENT PHONE: (760) 931 -1917 w (HIS /HER /THEIR) AUTHORIZED CAPACITY(IES), AND THAT BY (HIS /HER /THEIR) W sv) I, THOMAS J. PASTUSZKA, CLERK OF THE BOARD OF SUPERVISORS, "I Lei-_ HEREBY CERTIFY THAT THE. PROVISIONS OF THE SUBDIVISION MAP ACT SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON < DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING (A) I� /� �o net Hxi 298?p BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. W� ABSENCE OF LIENS FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL A y N 0 rF ;i��P� TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT THOSE ' _ ............... 1 WITNESS MY HAND AND OFFICIAL SEAL -- , NOT YET PAYABLE, HAVE BEEN COMPLIED WITH. PRINCIPAL PLACE OF BUSINESS IS COUNTY OF 5cAr Aie�o MY COMMISSION EXPIRES_`/'n - Ab'4004 JOYCE 0, EMERY CITY TREASURER S STATEMENT _ Commission p124H49) < SIGNATUR ¢ eom ouo muo v L LESLIE SUELTER, CITY TREASURER E THE CITY OF ENCINITAS, STATE IT OF > seem ®soboomY` °'e �' CALIFORNIA, HEREBY CERTIFY THAT THERE ARE NO LIENS FOR UNPAID CITY PRINT NAM My commaio�eJAN. 13 zou4 TAXES OR UNPAID BOND ISSUES UNDER ANY IMPROVEMENT ACTS OR A NOTARY PUB IC IN AND FOR SID STATE IMPROVEMENT BOND ACT OF THE STATE OF CALIFORNIA SHOWING ON THE r(� BOOKS OF THIS OFFICE, EXCEPT TAXES NOT YET PAYABLE AGAINST THE PRINCIPAL PLACE OF BUSINESS IS COUNTY OF � $J (0. 17 TRACT OR SUBDIVISION OR ANY PART THEREOF SHOWN ON THE ANNEXED MAP AND DESCRIBED IN CAPTION THEREOF. STATE OF CALIFORNIA MY COMMISSION EXPIRES COUNTY OF SAN DIEGOf -- ON B, ;FORE E, J�G'� D. G�YEKf`! PERSONALLY COUNTY TREASURER /TAX COLLECTOR AND DIRECTOR OF DEPARTMENT APPEA E�h.,ClYYL.�PERSO� TO ME (OR OF PUBLIC WORKS STATEMENT PROVED TO ME ON THE BASIS 0 SATISFACTORY EVIDENCE) TO BE THE WE, COUNTY TREASURER /TAX COLLECTOR OF THE COUNTY OF SAN DIEGO, PERSON(3) WHOSE NAME(S) IS /ARE SUBSCRIBED TO THE WITHIN INSTRUMENT STATE OF CALIFORNIA, AND DIRECTOR OF DEPARTMENT OF PUBLIC WORKS AND KNOWLEDGED TO ME THAT (HE /SHE /THEY) EXECUTED THE SAME IN OF SAID COUNTY, HEREBY CERTIFY THAT THERE ARE NO UNPAID SPECIAL (HIS /HER /THEIR) AUTHORIZED CAPACITY(IES), AND THAT BY (HIS /HER /THEIR) BOOKS OFNOUR OFFIICES, AGAINST THE BTRACT D OR SUBDIV SIIONN OR ANY SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON PART HEREOF SHOWN ON THE ANNEXED AMP AND DESCRIBED IN CAPTION BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. THEREOF. JorcE D. EMERY 3 BART J. HARTMAN, COUNTY TREASURER /TAX COLLECTOR WITNESS MY HAND AND OF CAL ,°� commis ion 9124949] S TC a oo`` ce o SIGNATURE � � (J Y Cu Rion EppuJPN. 13, 2004 BY;��L DATE: y' 9'�DO/ JO b¢ O, CWnQr DEPUTY PRINT NAME ��dr• ' A NOTARY PUBLIC IN AND FOR SAID STATE JOHN L. SNYDER, DIRECTOR OF PUBLIC WORKS PRINCIPAL PLACE OF BUSINESS S COUNTY OF �� Omp L r Ccsa i1 BY: / /j!�i DATE: MY COMMISSION EXPIRES .I 100 FOR DIRECTOR IN WITNESS WHEREOF, IHAVE SET MY HAND THIS _ DAY OF 2001. LESLIE SUELTER, CITY TREASURER BY THOMAS J. PASTUSZKA CLERK OF THE BOARD OF SUPERVISORS DEPUTY AUG cif SECRETARY OF THE PLANNING COMMISSION'S STATEMENT RECORDER'S STATEMENT I SANDRA HOLDER, SECRETARY OF THE PLANNING COMMISSION OF THE FILE NO. -_ CITY OF ENCINITAS, STATE OF CALIFORNIA, HEREBY CERTIFY THAT THE PLANNING COMMISSION OF SAID CITY HAS REVIEWED THIS MAP PURSUANT 1, GREGORY J. SMITH, RECORDER OF THE COUNTY OF SAN DIEGO HEBER TO THE CITY OF ENCINITAS MUNICIPAL CODE AND FOUND IT TO BE IN CERTIFY THAT I HAVE ACCEPTED FOR RECORDATION THIS MAP, FILED AT CONFORMANCE WITH TENTATIVE MAP 98 -189, AND HEREBY ACCEPT THE THE REQUEST OF BRIAN POLLEY, THIS _DAY OF 2001, DEDICATION OF A PORTION OF VULCAN AVENUE, SUBJECT TO IMPROVEMENTS. AT —O'CLOCK —M. IN WITNESS WHEREOF, SAID PLANNING COMMISSION OF THE CITY OF GREGORY J. SMITH, COUNTY RECORDER ENCINITAS HAS CAUSED THESE PRESENTS TO BE EXECUTED BY THE SECRETARY THIS _ DAY OF , 2001. SANDRA HOLDER COUNTY RECORDER /CLERK DEPUTY SECRETARY FEE: $10.00 BRIAN POLLEY LAND SURVEYING, INC. 656 METCALF STREET GRADING PLAN 6080 -G ASSESSOR'S PARCEL N0. 254 - 053 -79 ESC ONDIDO, CA 92025 PHONE: (760) 745 -3805 CALIFORNIA COORDINATE INDEX: 330 -1677 20 0 20 40 60 GRAPHIC SCALE - FEET 1" = 20' CK �I U �+ z w 0 2 z f- {-- a g O r O K p U W C v a o og, o z F ° p po w _ N z < xa o w z o U a �o o� z a oa zo ao U z a ¢ 2 Z m z U¢ ° OJ w I arm `�' wA � o c� W p z J O N 10 U p > O a p > C> ° v� a� Q Q a W� �- a o2 10 - mz Wz z ow cs az °p ?W O a¢ �w a¢ ¢� ¢a d¢ z 0 U Vi o � < SITE U W Z W W 'o U o JASOt a a � x 0 our p o z o oqw aoo CITY OR ENCINITAS TRACT 98 -189 MAP 524 NORTH LEUCADIA BLOCK 34 Y�FD. 1/2" REBAR AND PLASTIC CAP MK'D. "L.S. 4670". CITY OF ENCINITAS PER R. OF S. MAP 15769. W 1 (yf 30' 5' DEDICATION OF A PORTION OF VULCAN AVE. i n TO THE CITY OF ENCINITAS Q iv o,. o z 0 > Qi vzz z a [ 5 I 25' 1 25,.. SANFORD ST CITY OF ENCINITAS VICINITY MAP NOT TO SCALE ��nnNNll�i N 74 °57'25 "E 299.94' [N 74 °17'30E 299.96'1 (N 74 °16'06 "E 294.94' R. OF S. 15769 LOT 1 0.82 ACRE GROSS 0.81 ACRE NET MAP NO SHEET 2 OF 2 SHEETS LEGEND: • INDICATES POINTS FOUND AND DESCRIBED HEREON. 0 INDICATES SET 1/2" X 18" REBAR WITH PLASTIC CAP STAMPED "LS. 4670 ". [ INDICATES RECORD DATA PER DEED, DOC. NO. 1997 - 0425082 OF OFFICIAL RECORDS, RECORDED SEPTEMBER 2, 1997. ( ) INDICATES RECORD DATA PER R. OF S. 15769. FD. 1/2" REBAR AND PLASTIC CAP MK'D "LS. 4670" PER R. OF S. 15769. F o � . mo 1 t7 � I O amour zo�a `oNZ� z0 50 O�zam aao? FD. 1/2" REBAR AND PLASTIC CAP MK'D "LS. PER R. OF S. 15769. BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NAD 83, ZONE 6 GRID BEARING BETWEEN STATION 2604 AND STATION 2606, AS SAID STATIONS ARE PUBLISHED IN THE SAN DIEGO COUNTY HORIZONTAL CONTROL BOOK; I.E. SOUTH 15 °00'28" EAST. QUOTED BEARINGS FROM REFERENCE MAPS /DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM BRIAN POLLEY LAND SURVEYING, INC. ASSESSOR'S PARCEL NO. 254- 053 -19 656 METCALF STREET ESCONDIDO, CA 92025 _... PHONE: (760) 745 -3805 - CALIFORNIA COORDINATE INDEX: 330 -1677 N PER R. OF S. 11129R. FD. 5" CONCRETE MONUMENT OF S. 12592 AND P.M. 16497, WITH 1/2" REBAR "L.S. 3788" DRIVEN THROUGH 7777�� AND CAP, MK'D CENTER. SEE R. OF S. 15769. rs 89 ° ?3'4 BLOCK 3 „ f MAP 1776 FD. BOAT SPIKE FLUSH WITH AC FD. 1/2" REBAR AND PLASTIC PAVING, 3.3' EAST OF SEWER _ CAP MK'D "L.S. 4670" PER ONp R. OF S. 15769, MANHOLE AT INTERSECTION OF SANFORD SL AND HYGERIA AVE. A59 -'�R�O o ��-EASTING=6239560.21 HYG PM 004 ID =2604 12 -00 °34'38.77" 1� 12 o2AA2'W 6A ^ NORTHING= 1972214.678 8 (AT STATION 2606) Q W � m > H n «1 Z ° �S BELOW z z N> N °o o FD. BOAT SPIKE 1" o AC PAVING, OPPOSITE °w 2 ADDRESS #1333 HYGERIA M 4�GRp z P rFD. 6" CONC. MONUMENT PER r YG PM 003 (%2606 o ORTHING= 1971455.578 u R. OF S. 11129, R. OF 12592 AND P.M. 16497, WITH?•. ASTING= 6239763.728 ° 1/2" REBAR AND CAP, MK'D ROby "LS. 3788" DRIVEN THROUGH CENTER. SEE R. OF S. 15769. NOT TO SCALE BASIS OF BEARINGS THE COMBINED SCALE FACTOR AT STATION 2606 IS 0.99996547 NOT TO SCALE GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. MAP NO SHEET 2 OF 2 SHEETS LEGEND: • INDICATES POINTS FOUND AND DESCRIBED HEREON. 0 INDICATES SET 1/2" X 18" REBAR WITH PLASTIC CAP STAMPED "LS. 4670 ". [ INDICATES RECORD DATA PER DEED, DOC. NO. 1997 - 0425082 OF OFFICIAL RECORDS, RECORDED SEPTEMBER 2, 1997. ( ) INDICATES RECORD DATA PER R. OF S. 15769. FD. 1/2" REBAR AND PLASTIC CAP MK'D "LS. 4670" PER R. OF S. 15769. F o � . mo 1 t7 � I O amour zo�a `oNZ� z0 50 O�zam aao? FD. 1/2" REBAR AND PLASTIC CAP MK'D "LS. PER R. OF S. 15769. BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NAD 83, ZONE 6 GRID BEARING BETWEEN STATION 2604 AND STATION 2606, AS SAID STATIONS ARE PUBLISHED IN THE SAN DIEGO COUNTY HORIZONTAL CONTROL BOOK; I.E. SOUTH 15 °00'28" EAST. QUOTED BEARINGS FROM REFERENCE MAPS /DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM BRIAN POLLEY LAND SURVEYING, INC. ASSESSOR'S PARCEL NO. 254- 053 -19 656 METCALF STREET ESCONDIDO, CA 92025 _... PHONE: (760) 745 -3805 - CALIFORNIA COORDINATE INDEX: 330 -1677 SUBDIVISION GUARANTEE Order No. 93066012 -U50 Be: $ Dated: March 2, 2001 at 7:30 A.M. Q = Subdivision: P" M 2 % 2M ENgi EN fNITASE CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are as set forth in Schedule A. Issued by: CHICAGO TITLE INSURANCE COMPANY 925'B" STREET SAN DIEGO, CA 92101 PHONE NO. (619) 239 -6081 FAX NO. (619) 544 -6277 f::�i11 r Patrick F. Stone President Secrra Bn Secretary Order No: 93066012 -U50 Dated: March 2, 2001 at7:30 A.M. SL`bdiviBion: SCHEDULE A The map hereinbefore referred to is a subdivision of: No: Fax Number: (619)544 -6292 THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 °43'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89 022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. The parties hereinbefore referred to are: OWNERS: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00% INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% INTEREST, ALL AS TENANTS IN COMMON TRUST DEED HOLDER: GUARDIAN TITLE ESCROW DIVISION, A CALIFORNIA CORPORATION, TRUSTEE UNDER DEED OF TRUST RECORDED SEPTEMBER 2, 1997 AS FILE NO. 1997- 425083 OFFICIAL RECORDS. EASEMENT HOLDERS: (1) THE COUNTY OF SAN DIEGO, HOLDER OF AN EASEMENT AS DEDICATED ON MAP NO. 524, FILED APRIL 6, 1888. SAID EASEMENT CANNOT RIPEN INTO A FEE. SUBDWA -- 12/22/U ® CHICAGO TITLE COMPANY SECOND AMENDED PRELIMINARY REPORT Dated as of March 2. 2001 at 7 30 AM Reference THE PALMS CONDO Order No.. 93066012 - U50 Regarding: 1415 NO. VULCAN AVENUE ENCINITAS, CA 92024 API? 2 % 20 cNGINEEgINGgERVI ES CITy0FFN9INITA!z CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens. defects. and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Title Department: Visit Us On The Web' westerndivision.ctt.corn OCHICAGO TITLE COMPANY 925'B "STREET SAN DIEGO, CA. 92101 (619)544 -6233 fax: (619)544-6279 TOM VOTEL / KEN CYR TITLE OFFICER .c. -- 08105,991+ SCHEDULE A Order No: 93066012 U50 Your Ref: THE PALMS CONDO 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: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00% INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% INTEREST. ALL 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: THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 043'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 69 022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. SCHEDULE B Page I Order No: 93066012 U50 Your Ref: THE PALMS CONDO 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: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2001 -2002 THAT ARE A LIEN NOT YET DUE. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2000 -2001 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $1,358.60 (PAID) $1,358.60 $145.86 (DUE AFTER APRIL 10) NONE 19084 254- 053 -19 -00 c 2. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. _ 3. THE RIGHT OF THE PUBLIC TO USE AS A PUBLIC HIGHWAY THAT PORTION OF THE ALLEY IN BLOCK THIRTY -FOUR (34), INCLUDED WITHIN THE BOUNDARIES OF THE HEREIN DESCRIBED PROPERTY AS SHOWN ON SAID MAP OF NORTH LEUCADIA. F 4. FORFEITURE OF TITLE UPON BREACH OF THE CONDITIONS CONTAINED IN THE DEED FROM E. B. SCOTT AND DE W. SCOTT TO ROSA H. SCOTT, DATED JULY 12, 1881, RECORDED IN BOOK 132, PAGE 19 OF DEEDS, AND IN THE DEED FROM DE W. SCOTT TO E. B. SCOTT, DATED APRIL 8, 1889, RECORDED IN BOOK 157, PAGE 87 OF DEEDS. SIMILAR CONDITIONS ARE CONTAINED IN THE DEED FROM E. B. SCOTT AND ROSA SCOTT TO M. J. HALLETT, DATED APRIL 7, 1891, RECORDED IN BOOK 176, PAGE 317 OF DEEDS. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $190,000.00 DATED: AUGUST 25, 1997 TRUSTOR: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00% INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. vie -10/31197w Y L SCHEDULE B Page 2 (continued) Order No: 93066012 U50 Your Ref: THE PALMS CONDO LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% INTEREST, ALL AS TENANTS IN COMMON TRUSTEE: GUARDIAN TITLE ESCROW DIVISION, A CALIFORNIA CORPORATION BENEFICIARY: JACK W. MCMAHAN, SUCCESSOR TRUSTEEOF THE E.S. MCMAHAN FAMILY TRUST, DATED AUGUST 12, 1985 AND ALL AMENDMENTS THERETO RECORDED: SEPTEMBER 2, 1997 AS FILE NO. 1997 - 0425083 OF OFFICIAL RECORDS x 6. THE EFFECT OF RECORD OF SURVEY MAP NO. 15769, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. MARCH 20. 1998. I END OF SCHEDULE B s NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB- ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121 - 000358 CREDIT TO CHICAGO TITLE SUB- ESCROW DEPOSITORY ACCOUNT NO. 12359 -50752 FURTHER CREDIT TO ORDER NO: 093066012 ATTN: TOM VOTEL TITLE OFFICER K JTF 1AMEND /JRS 2AMEND /JRS - MLumuu wei /wam CHICAGO TITL.OMPANY 925 B STREET, SAN DIEGO, CALIFORNIA 92101 (619)239 -6081 Date: DECEMBER 27, 2001 CITY OF ENCINITAS ENGINEERING DEPARTMENT ATTN: TAMARA O'NEAL 505 S. VULCAN AVE ENCINITAS. CA. 92024 Your Ref: THE PALMS CONDO Order No. 93066012 U50 CONFORMED COPIES OF RECORDED COVENANTS AND REQUESTED MYLARS We appreciate this opportunity to serve you. Title O r: TOM VOTEL / kEN CYR TRAAN2 - 10/28/85 PA CITY OF ENCINITAS Engineering Services Department - 505 South Vulcan Avenue Encinitas, Ca. 92024 -3633 Phone (760) 633 -2770 Fax (760) 633 -2818 TRANSMITTAL LETTER TO: Chicago Title Company Date: November 13, 2001 925 "B" Street Job. No. TM 98 -189 San Diego, Ca. 92101 Ref No. 93066012- U50(Wagner) Tom Votel - Title Officer (619) 544 -6234 RE: Tentative Map Number 98 -189 for recordation Enclosed: • Map Mylars for TM 98 -189 sheets 1 & 2 of 2. • Covenant regarding real property: Tentative Map, Design Review and Coastal Development Permit • Covenant regarding real property: Park, Traffic and Flood Control Fees. • Covenant regarding real property: Inclusionary Housing Requirement. • Covenant regarding real property: Public Improvements required as condition of final approval. • Covenant regarding real property: Private Improvements required as condition of final approval. • Covenant regarding real property: Waiver of protest to assessments. • Private sewer agreement - Leucadia County Water District • Private road maintenance agreement • Bank of California check no. 329 in the amount of $252.00 for recordation fees. Please record the covenant first, then enter the recordation information on sheet two of the map. Please return conforming copy of the covenant. Please return recorded map mylars to the City of Encinitas. Should you have any questions, please contact me at (760) 633 -2839. Thank you. From: Tamara O'Neal Assistant Civil Engineer c: File CITY OF ENCINITAS AGENDA REPORT PLANNING COMMISSION Meeting Date: November 1, 2001 TO: ;,anng Commission VIA: nill Weedman, City Planner FROM: b( uroy Bodas, Director of Engineering Services n/A r^ Masih Maher, Senior Civil Engineer SUBJECT: Approval of the Final Map which conforms to Tentative Map No. 98 -189, located within the Residential -20 (N -R20) Zoning District of the North 101 Corridor Specific Plan at 1415 North Vulcan Avenue. Applicant: Keith Wagner BACKGROUND: On November 12, 1998 the Planning Commission of the City of Encinitas approved, subject to conditions, Tentative Map No. 98 -189 TM /DR/CDP to allow the construction of a 14 unit condominium development within two main residential structures. The subject site is located within the Residential -20 (N -R20) Zoning District of the North 101 Corridor Specific Plan at 1415 North Vulcan Avenue. See Attachment "A" for vicinity map. The Tentative Map is scheduled to expire on November 12, 2001. The map submittal has been deemed a timely filing in accordance with Section 66463.5b of the Subdivision Map Act. ENVIRONMENTAL STATUS: An Environmental Initial Assessment (EIA) has been completed for the project and it has been determined that the project's design and adherence to the City's Municipal Code and the North 101 corridor Specific Plan development standards will reduce environmental impacts below a level of significance. TCO 9 8-189 to PC.doc ANALYSIS: The map itself has been examined and found to be technically correct and in compliance with State laws and City ordinances. All conditions of approval have been complied with prior to the expiration date. RECOMMENDATION: It is recommended that the Planning Commission take the following actions: 1. Approve the Final Map, which conforms to Tentative Map No. 98 -189, and authorize the City Treasurer and the Secretary of the Planning Commission to sign the map. 2. Authorize the Secretary of the Planning Commission to accept, on behalf of the public, the offers of dedication of a portion of Vulcan Avenue, subject to improvements. 3. Authorize the recordation of the Final Map after the mandatory ten -calendar day appeal period. TCO 98 -189 to PC.doc 0 a ATTACHMENT 'A' VICINITY MAP N SANFORD ST. SITE CITY OF ENCINITAS TM 98 -189 w a w a N W Q ui d' } W _ = JASON ST. CITY OF ENCINITAS TM 98 -189 PLANNING COMMISSION REGULAR MEETING AGENDA Civic Center - Council Chambers 505 So. Vulcan Avenue Encinitas, California 92024 Thursday, November 1, 2001 — 6:00 PM THE CITY OF ENCINITAS IS AN EQUAL OPPORTUNITY PUBLIC ENTITY AND DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICE. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT AT (760) 633 -2710 AT LEAST 48 HOURS BEFORE THE MEETING IF DISABILITY ACCOMMODATIONS ARE NEEDED. Ifyou wish to speak to an item on the agenda, please fill out the appropriate speaker's slip and hand it to staff. PLEASE NOTE: SPEAKER SLIPS WILL NOT BE ACCEPTED AFTER THE AGENDA ITEM HEARING HAS STARTED. CALL TO ORDER / ROLL CALL PLEDGE OF ALLEGIANCE CLOSING AND ADOPTION OF THE CONSENT CALENDAR Items on the Consent Calendar are matters, which are either routine, sell- explanatory or have been discussed at previous meetings. It is anticipated that they will not be discussed separately. With a motion "to adopt the Consent Calendar" the Planning Commission approves all Consent Calendar staff recommendations, as shown on the agenda. These items are grouped together to allow time for other items on the regular agenda. However, items may be removed from the Consent Calendar for discussion either by a "Request to Speak" form from the public, handed to staff, or a request by a Commission Member. The Commission may also add items to the Consent Calendar by a majority consensus. Items removed by a member of the public will be taken up immediately following adoption of the Consent Calendar. Items removed by a Commission Member will be taken up at the end of the regular agenda. 1. Approval of the Minutes for the Regular Meetings of June 15, 2000, June 22, 2000, June 29, 2000, September 6, 2001, September 20,2001 and October 4, 2001. STAFF CONTACT: Lea Kauflin and Kathy Noel, Administrative Secretaries. 2. CASE NUMBER: 98 -189 TM/DR/CDP; FILING DATE: July 17,1998; APPLICANT: Keith Wagner; LOCATION: 1415 North Vulcan Avenue; DESCRIPTION: Approval of the Final Map which conforms to Tentative Map No. 98 -189, located within the Residential -20 (N -R20) Zoning District of the North 101 Corridor Specific Plan at 1415 North Vulcan Avenue. ENVIRONMENTAL STATUS: An Environmental Initial Assessment (EIA) has been completed for the project and it has been determined that the project's design and adherence to the City's Municipal Code and the North 101 Corridor Specific Plan development standards will reduce environmental impacts below a level of significance. STAFF CONTACT: Masih Maher, Senior Civil Engineer. STAFF CONCLUSION: Staff recommends that the Planning Commission take the following actions: 1) Approve the Final Map, which conforms to Tentative Map No. 98- 189, and authorize the City Treasurer and the Secretary of the Planning Commission to sign the map. 2) Authorize the Secretary of the Planning Commission to accept, on behalf of the public, the offers of dedication of a portion of Vulcan Avenue, subject to improvements. 3) Authorize the recordation of the Final Map after the mandatory ten -day appeal period. 3. CASE NUMBER: 01 -093 DR/V /CDP; FILING DATE: April 10, 2001; APPLICANT: Blumenberg; LOCATION: 2108 & 2112 Oxford Avenue; DESCRIPTION: Public Hearing for a Design Review Permit, Variance and Coastal Development Permit application request for the proposed construction of a single - family twin home structure (two units) on two existing lots (5,000 sq. ft. total), within the Residential (R -11) Zoning District, the Coastal Zone, and the Cardiff Community Area of the City of Encinitas. The Design Review Permit is required for the construction of more than one single - family dwelling not dissimilar in design to other proposed units and for the proposed twin home structure to exceed the standard height limit of 26 feet for sloped roof structures up to the maximum height limit of 30 feet. The Variance request is for a proposed attached entry walkway structure within the minimum required front yard setback. ENVIRONMENTAL STATUS: The project has been determined to be categorically exempt from review pursuant to Section 15303(a) of the CEQA Guidelines, which exempts the construction of up to three single - family residences from environmental review in urbanized areas. STAFF CONTACT: Mark Hofman, Associate Planner. STAFF CONCLUSION: Continue to the next Regular Meeting of November 15, 2001. 4. CASE NUMBER: 01 -234 SUBC; FILING DATE: October 4, 2001; APPLICANT: The Woodson Group; LOCATION: The Gallery Subdivision (98 -261 TM) — North side of Requeza Street between Camino Eldorado and Camino De Orchidia). DESCRIPTION: A Substantial Conformance application to find that the applicant's request to construct decorative color concrete driveways that are complementary with the colors of each dwelling within the subdivision is substantially consistent with Condition of Approval SCG of Resolution No. PC 2000 -17, which states that "all driveways shall be acid - washed tan concrete ". The project site is located in the R3 Zone. ENVIRONMENTAL STATUS: The proposal is consistent with the Negative Declaration adopted by the Planning Commission on March 23, 2000 for 98 -261 TM/DR/CDP/EIA. STAFF CONTACT: Jennifer L. Coon, Assistant Planner. STAFF CONCLUSION: Before public comment is received the Commission should disclose all information and contacts received outside the hearing of this matter upon GAAGENDAS/PC110101.DOC (102301) 2 which the decision will be based, receive public testimony and consider the facts and findings necessary to make a decision on this application. A draft Resolution of Approval is attached should the Commission take action to approve Case No. 01 -234 SUBC. 5. CASE NUMBER: 01 -215 MUP- MOD/DR- MOD /CDP; FILING DATE: September 17, 2001; APPLICANT: City of Encinitas; LOCATION: 540 Balour Drive; DESCRIPTION: A Major Use Permit Modification, Design Review Modification and Coastal Development Permit application to modify a previously approved use permit and design review permit to construct a fire station (Station 5). The proposed modification consists of adding a monument sign as part of the approved project. The project site is located in the R3 Zone, ENVIRONMENTAL STATUS: The project is consistent with the Negative Declaration adopted by the Planning Commission on July 24, 1999 for Case No. 97 -050 (Resolution No. PC 97 -50). STAFF CONTACT: Jennifer L. Coon, Assistant Planner. STAFF CONCLUSION: Before public comment is received the Commission should disclose all information and contacts received outside the hearing of this matter upon which the decision will be based, receive public testimony and consider the facts and findings necessary to make a decision on this application. A draft Resolution of Approval is attached should the Commission take action to approve Case No. 01 -215 MUP- MOD/DR- MOD /CDP. 6. Substantial Conformance discussion for North Coast Veterinary Clinic. Proposed wall sign differs from signage approved with 99 -270 MIN/DR/V /CDP. Location: 414 Encinitas Boulevard. STAFF CONTACT: Mark Hofman, Associate Planner. STAFF CONCLUSION: Review the submitted wall sign drawings and determine that they are in substantial conformance with the approved plans as submitted or modified. ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE PUBLIC ORAL COMMUNICATIONS (15 MINUTES): Oral comments (maximum of three minutes per person) will be heard from people who submit a white speaker's slip to staff. The law precludes the Commission from discussing or taking action upon such non - agenda items. They will be referred to the Planning Staff. NO THE PLANNING COMMISSION MAY NOT BEGIN A NEW HEARING AFTER 10:00 PM UNLESS APPROVED BY A MAJORITY OF THE COMMISSION. REGULAR AGENDA Oral Comments on the agenda items listed below (maximum of three minutes per person) will be heard from people who submit a Rink Speaker's Slip to staff. Review of Architectural Services Selection process for Library Conceptual Design and Civic Center Master Planning Services and Appointment of one Planning Commissioner to serve on the Selection Committee. STAFF CONTACT: Richard Phillips, Assistant to the City Manager. G: AGENDAS/PC110101.DOC (102301) STAFF CONCLUSION: Review the proposed Library Conceptual Design and Civic Center Master Planning Services architect selection process and appoint one Planning Commissioner to serve on a Selection Committee. 8. CASE NUMBER: 01 -096 DR/TPM/CDP; FILING DATE: April 16,200 1; APPLICANT: Jordan; LOCATION: 1036 & 1038 Dewitt Avenue; DESCRIPTION: Design Review Permit, Tentative Parcel Map, Parcel Map Waiver, and Coastal Development Permit application request for the proposed construction of a new single - family twin home structure (2 units), with condominium form of ownership, on an existing 5,500 square foot parcel within the Single - Family Residential 11 (D -R -11) Zoning District of the Downtown Encinitas Specific Plan, the Coastal Zone, and the Old Encinitas Community Area of the City of Encinitas. ENVIRONMENTAL STATUS: The project has been determined to be categorically exempt from review pursuant to Sections 15303(a) and 15315 of the CEQA Guidelines which categorically exempts from environmental review the construction of up to three new single - family residences in urbanized areas and minor subdivisions of land (four or fewer parcels) in urbanized areas zoned for residential use. STAFF CONTACT: Mark Hofrnan, Associate Planner. STAFF CONCLUSION: Before public comment is received the Commission should disclose all information and contacts received outside the hearing of this matter upon which the decision will be based, receive public testimony and consider the facts and findings necessary to make a decision on this application. A draft Resolution of Approval is attached should the Commission take action to approve Case No. 01 -096 DR/TPIvVCDP. PLANNING COMMISSION/DIRECTOR REPORTS: ADJOURNMENT' Adjourn to the next Regular Meeting of November 15.2001. NOTES: Final action by the Planning Commission may be appealed to the City Council accompanied by the required filing fee within fifteen (15) calendar days (10 calendar days for subdivision applications). The action is not final until the end of the appeal period, or, if appealed, the end of City Council review. Under California Government Code Sec. 65009, if you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Encinitas at, or prior to, the public hearing. Items 2, 3, 5 and 8 above are located within the coastal zone and require issuance of a regular Coastal Development Permit. The actions of the Planning Commission relative to these items are not appealable to the Coastal Commission. G:WGENDAS/PC110101.DOC (102301) 4 CITY OF ENCINITAS AGENDA REPORT PLANNING COMMISSION Meeting Date: November 1, 2001 TO: ;7iiWegedman, Commission VIA: City Planner FROM: AL.eroy Bodas, Director of Engineering Services AN t^, Masih Maher, Senior Civil Engineer SUBJECT: Approval of the Final Map which conforms to Tentative Map No. 98 -189, located within the Residential -20 (N -R20) Zoning District of the North 101 Corridor Specific Plan at 1415 North Vulcan Avenue. Applicant: Keith Wagner BACKGROUND: On November 12, 1998 the Planning Commission of the City of Encinitas approved, subject to conditions, Tentative Map No. 98 -189 TM /DR/CDP to allow the construction of a 14 unit condominium development within two main residential structures. The subject site is located within the Residential -20 (N -R20) Zoning District of the North 101 Corridor Specific Plan at 1415 North Vulcan Avenue. See Attachment "A" for vicinity map. The Tentative Map is scheduled to expire on November 12, 2001. The map submittal has been deemed a timely filing in accordance with Section 66463.5b of the Subdivision Map Act. ENVIRONMENTAL STATUS: An Environmental Initial Assessment (EIA) has been completed for the project and it has been determined that the project's design and adherence to the City's Municipal Code and the North 101 corridor Specific Plan development standards will reduce environmental impacts below a level of significance. TCO 98-189 to PC.doc _ / ANALYSIS: The map itself has been examined and found to be technically correct and in compliance with State laws and City ordinances. All conditions of approval have been complied with prior to the expiration date. RECOMMENDATION: It is recommended that the Planning Comrnission take the following actions: Approve the Final Map, which conforms to Tentative Map No. 98 -189, and authorize the City Treasurer and the Secretary of the Planning Commission to sign the map. 2. Authorize the Secretary of the Planting Commission to accept, on behalf of the public, the offers of dedication of a portion of Vulcan Avenue, subject to improvements. 3. Authorize the recordation of the Final Map after the mandatory ten -calendar day appeal period. TCO 9 &189 to PC.doc v ATTACHMENT 'A' VICINITY MAP w Q SITE SANFORD ST. < N L u r W o JASON ST. CITY OF ENCINITAS TM 98 -189 �- 3 SUBDIVISION GUARANTEE Order No. 53066012 -U50 Fee: y Dated: June 19, 2001 at 7:30 A.M. Subdivision: CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are as set forth in Schedule A. Issued by: CHICAGO TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CA 92101 PHONE NO. (619) 239 -6081 FAX NO. (619) 544 -6277 Patrick F. Stone President aBrl anlcf� Secretary Order No: 93066012 -U' Dated: June 19, 2001 at7:30 A.M. Subdivision: SCHEDULE A The map hereinbefore referred to is a subdivision of: MapNo: Fax Number: (619)544 -6292 THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 °43'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. The parties hereinbefore referred to are: OWNERS: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00% INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.001 INTEREST, ALL AS TENANTS IN COMMON TRUST DEED HOLDER: GUARDIAN TITLE ESCROW DIVISION, A CALIFORNIA CORPORATION, TRUSTEE UNDER DEED OF TRUST RECORDED SEPTEMBER 2, 1997 AS FILE NO. 1997 - 425083 OFFICIAL RECORDS. EASEMENT HOLDERS: (1) THE COUNTY OF SAN DIEGO, HOLDER OF AN EASEMENT AS DEDICATED ON MAP NO. 524, FILED APRIL 6, 1888. SAID EASEMENT CANNOT RIPEN .INTO A FEE. suaniv. - nmiu lfj) CHICAGO TITLE COMPANY THIRD AMENDED Reference: THE PALMS CONDO Regarding: 1415 NO. VULCAN AVENUE ENCINITAS, CA 92024 PRELIMINARY REPORT Dated as of: June 19, 2001 Order No.: 93066012 - U50 at 7:30 AM CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Title Department: Visit Us On The Web: Westerndivision. ctt. com Ot, "1-fIGAG0 TITLE COMPANY 925 "B "STREET SAN DIEGO, CA. 92101 (619)544 -6233 fax: (619)544-6279 TOM EL /KEN �4� CYR TITLE OFFICER PFP - W05/99bk SCHEDULE A Order No 93066012 U50 Your RcE TRR nnr.MQ one 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: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00$ INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TB AN UNDIVIDED 30.00% INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% INTEREST, ALL AS TENANTS IN COMMON I The land referred to in this report is situated in the Stale of California, County of SAN DIEGO and is described as follows: THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 043'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. SCHEDULE B Page 1 Ordcr No: 93066012 U50 Your Ref: THE PALMS CONnO 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: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2001 -2002 THAT ARE A LIEN NOT YET DUE. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2000 -2001 1ST INSTALLMENT: $1,358.60 (PAID) 2ND INSTALLMENT: $1,358.60 (PAID) HOMEOWNERS EXEMPTION: NONE CODE AREA: 19084 ASSESSMENT NO: 254- 053 -19 -00 C 2. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. 0 3. THE RIGHT OF THE PUBLIC TO USE AS A PUBLIC HIGHWAY THAT PORTION OF THE ALLEY IN BLOCK THIRTY -FOUR (34), INCLUDED WITHIN THE BOUNDARIES OF THE HEREIN DESCRIBED PROPERTY AS SHOWN ON SAID MAP OF NORTH LEUCADIA. F 4. FORFEITURE OF TITLE UPON BREACH OF THE CONDITIONS CONTAINED IN THE DEED FROM E. B. SCOTT AND DE W. SCOTT TO ROSA H. SCOTT, DATED JULY 12, 1881, RECORDED IN BOOK 132, PAGE 19 OF DEEDS, AND IN THE DEED FROM DE W. SCOTT TO E. B. SCOTT, DATED APRIL 8, 1889, RECORDED IN BOOK 157, PAGE 87 OF DEEDS. �r.La :s SIMILAR CONDITIONS ARE CONTAINED IN THE DEED FROM E. B. SCOTT AND ROSA SCOTT TO M. J. HALLETT, DATED APRIL 7, 1891, RECORDED IN BOOK 176, PAGE 317 OF DEEDS. c S. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $190,000.00 DATED: AUGUST 25, 1997 TRUSTOR: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00% INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% SCHEDULE B ' '6` 2 (continued) Order No: 93066012 U50 Your Rc(: THE PAT.M.0 MMT)n INTEREST, ALL AS TENANTS IN COMMON TRUSTEE: GUARDIAN TITLE ESCROW DIVISION, A CALIFORNIA CORPORATION BENEFICIARY: JACK W. MCMAHAN, SUCCESSOR TRUSTEEOF THE E.S. MCMAHAN FAMILY TRUST, DATED AUGUST 12, 1985 AND ALL AMENDMENTS THERETO RECORDED: SEPTEMBER 2, 1997 AS FILE NO. 1997- 0425083 OF OFFICIAL RECORDS H 6. THE EFFECT OF RECORD OF SURVEY MAP NO. 15769, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 20, 1998. END OF SCHEDULE B NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB- ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121- 000358 CREDIT TO CHICAGO TITLE SUB - ESCROW DEPOSITORY ACCOUNT NO. 12359 -50752 ' FURTHER CREDIT TO ORDER NO: 093066012 ATTN: TOM VOTEL K JTF 1AMEND /JRS 2AMEND /JRS PRELIMBG9/23/93bk TITLE OFFICER SUBDIVISION GUARANTEE Order No. 93066012 -U50 Fee: $ Dated: March 2, 2001 at '7:30 A.M. Subdivision: CHICAGO TITLE INSURANCE COMPANI^� 7 2001 a corporation, herein called the Company GUARANTEES The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are as set forth in Schedule A. Issued by: CHICAGO TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CA 92101 PHONE NO. (619) 239 -6081 FAX NO. (619) 544 -6277 le 1�7 Patrick F. Stone President Brf Secretary Order No: 93066012 -U5 Dated: March 2, 2001 at7:30 A.M. MapNo: Si.bdivision: Fax Number: (619)544 -6292 SCHEDULE A The map hereinbefore referred to is a subdivision of: THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 °43'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89 °22'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. The parties hereinbefore referred to are: OWNERS: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00% INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.001 INTEREST, ALL AS TENANTS IN COMMON 1YY�R111f Uaf�i�7:U]r1�3�1:77 GUARDIAN TITLE ESCROW DIVISION, A CALIFORNIA CORPORATION, TRUSTEE UNDER DEED OF TRUST RECORDED SEPTEMBER 2, 1997 AS FILE NO. 1997 - 425083 OFFICIAL RECORDS. EASEMENT HOLDERS: (1) THE COUNTY OF SAN DIEGO, HOLDER OF AN EASEMENT AS DEDICATED ON MAP NO. 524, FILED APRIL 6, 1888. SAID EASEMENT CANNOT RIPEN INTO A FEE. SUaorvn - nMIN © CHICAGO TITLE COMPANY SECOND AMENDED Reference THE PALMS CONDO Regarding: 1415 NO. VULCAN AVENUE ENCINITAS, CA 92024 PRELIMINARY REPORT Dated as of March 2, 2001 Order No.. 93066012 - U50 AP? 2 7 2t. at 7:30 AM EN— -- -.. CHICAGO TITLE COMPANY hereby reports that it is prepared t 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 in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Title Department Visit Us On The Web: westemdivision. ctt. corn OCHICAGO TITLE COMPANY 925 "B "STREET SAN DIEGO, CA. 92101 (619)544 -6233 fax: (619)544 -6279 TOM VOTEL / KEN CYR TITLE OFFICER PW ..08,05,99be �Yy 12) Die m �41 Order No: 93066012 U50 Your Ref: THE PALMS CONDO 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: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00% INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% INTEREST, ALL 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: THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 °43'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 °43'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89 022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. . SCHEDULE B Page 1 Order No: 93066012 U50 Your Ref: THE PALMS CONDO 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: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2001 -2002 THAT ARE A LIEN NOT YET DUE. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES. FOR THE FISCAL YEAR 2000 -2001 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $1,358.60 (PAID) $1,358.60 $145.86 (DUE AFTER APRIL 10) NONE 19084 254- 053 -19 -00 C 2. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. 0 3. THE RIGHT OF THE PUBLIC TO USE AS A PUBLIC HIGHWAY THAT PORTION OF THE ALLEY IN BLOCK THIRTY -FOUR (34), INCLUDED WITHIN THE BOUNDARIES OF THE HEREIN DESCRIBED PROPERTY AS SHOWN ON SAID MAP OF NORTH LEUCADIA. F 4. FORFEITURE OF TITLE UPON BREACH OF THE CONDITIONS CONTAINED IN THE DEED FROM E. B. SCOTT AND DE W. SCOTT TO ROSA H. SCOTT, DATED JULY 12, 1881, RECORDED IN BOOK 132, PAGE 19 OF DEEDS, AND IN THE DEED FROM DE W. SCOTT TO E. B. SCOTT, DATED APRIL 8, 1889, RECORDED IN BOOK 157, PAGE 87 OF DEEDS. SIMILAR CONDITIONS ARE CONTAINED IN THE DEED FROM E. B. SCOTT AND ROSA SCOTT TO M. J. HALLETT, DATED APRIL 7, 1891, RECORDED IN BOOK 176, PAGE 317 OF DEEDS. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $190,000.00 DATED: AUGUST 25, 1997 TRUSTOR: KEITH W. WAGNER. A SINGLE MAN, AS TO AN UNDIVIDED 40.00°; INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. PHEO io /a+ /eicw Page 2 SCHEDULE B (continued) Order No: 93066012 U50 Your Ref: THE PALMS CONDO LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% INTEREST, ALL AS TENANTS IN COMMON TRUSTEE: GUARDIAN TITLE ESCROW DIVISION, A CALIFORNIA CORPORATION BENEFICIARY: JACK W. MCMAHAN, SUCCESSOR TRUSTEEOF THE E.S. MCMAHAN FAMILY TRUST, DATED AUGUST 12, 1985 AND ALL AMENDMENTS THERETO RECORDED: SEPTEMBER 2, 1997 AS FILE NO. 1997- 0425083 OF OFFICIAL RECORDS x 6. THE EFFECT OF RECORD OF SURVEY MAP NO. 15769, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 20, 1998. �421mX01*1161 :!4 Dill 4 :1 s NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB- ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD. CALIFORNIA ABA 121- 000358 CREDIT TO CHICAGO TITLE SUB- ESCROW DEPOSITORY ACCOUNT NO. 12359 -50752 FURTHER CREDIT TO ORDER NO: 093066012 ATTN: TOM VOTEL TITLE OFFICER JTF 1AMEND /SRS 2AMEND /JRS OCHICAGO TITLE COMPANY Date: September 20, 1999 BRIAN POLLEY BRIAN POLLEY LAND SURVEY 656 METCALF STREET ESCONDIDO, CA 92025 Order No.: 93066012 - U50 Property: 1415 NO. VULCAN AVENUE, ENCINITAS, CA 92024 RE: THE PALMS CONDO In response to a request for our issuance of a Policy of Title Insurance, we enclose herewith our Preliminary Report for your review. Should you have any questions in connection with this or any other matter concerning the above referenced order, please do not hesitate to contact our office. Thank you for choosing Chicago Title Company. Title Department: CHICAGO TITLE COMPANY 925 "B "STREET SAN DIEGO, CA. 92101 (619)544 -6234 fax: (619)544-6279 TOM VOTEL TITLE OFFICER 01PEL - -0 /16 /97bk O 0 CHICAGO TITLE COMPANY FIRST AMENDED Reference: THE PALMS CONDO Regarding: 1415 NO. VULCAN AVENUE ENCINITAS, CA 92024 PRELIMINARY REPORT Dated as of: September 13, 1999 at 7:30 AM Order No.: 93066012 - U50 CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: westerndivision. ctt. com Title Department: O CHICAGO TITLE COMPANY 925 "B "STREET SAN DIEGO, CA. 92101 (619)544 -6234 fax: (619)544-6279 TOM VOTE TITLE OFFICER PFP � M/M /%bk SCHEDULE A Order No: 93066012 U50 Your Ref: THE PALMS CONDO 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: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00% INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% INTEREST, ALL 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: THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 °43'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 °17'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89 022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. SCHEDULE B Page 1 Order No: 93066012 U50 Your Ref: THE PALMS CONDO 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: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1999 -2000 THAT ARE A LIEN NOT YET DUE. c 2. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. D 3. THE RIGHT OF THE PUBLIC TO USE AS A PUBLIC HIGHWAY THAT PORTION OF THE ALLEY IN BLOCK THIRTY -FOUR (34), INCLUDED WITHIN THE BOUNDARIES OF THE HEREIN DESCRIBED PROPERTY AS SHOWN ON SAID MAP OF NORTH LEUCADIA. F 4. FORFEITURE OF TITLE UPON BREACH OF THE CONDITIONS CONTAINED IN THE DEED FROM E. B. SCOTT AND DE W. SCOTT TO ROSA H. SCOTT, DATED JULY 12, 1881, RECORDED IN BOOK 132, PAGE 19 OF DEEDS, AND IN THE DEED FROM DE W. SCOTT TO E. B. SCOTT, DATED APRIL 8, 1889, RECORDED IN BOOK 157, PAGE 87 OF DEEDS. SIMILAR CONDITIONS ARE CONTAINED IN THE DEED FROM E. B. SCOTT AND ROSA SCOTT TO M. J. HALLETT, DATED APRIL 7, 1891, RECORDED IN BOOK 176, PAGE 317 OF DEEDS. c 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $190,000.00 DATED: AUGUST 25, 1997 TRUSTOR: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00% INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% INTEREST, ALL AS TENANTS IN COMMON TRUSTEE: GUARDIAN TITLE ESCROW DIVISION, A CALIFORNIA CORPORATION BENEFICIARY: JACK W. MCMAHAN, SUCCESSOR TRUSTEEOF THE E.S. MCMAHAN FAMILY TRUST, DATED AUGUST 12, 1985 AND ALL AMENDMENTS THERETO RECORDED: SEPTEMBER 2, 1997 AS FILE NO. 1997 - 0425083 OF OFFICIAL RECORDS x 6. THE EFFECT OF RECORD OF SURVEY MAP NO. 15769, FILED IN THE OFFICE OF THE PREB 10/01/07bk Page 2 Order No: 93066012 U50 SCHEDULE B (continued) Your Ref: THE PALMS CONDO COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 20, 1998. I END OF SCHEDULE B s NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB- ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121 - 000358 CREDIT TO CHICAGO TITLE SUB- ESCROW DEPOSITORY ACCOUNT NO. 12359 -50752 FURTHER CREDIT TO ORDER NO: 093066012 ATTN: TOM VOTEL TITLE OFFICER K JTF 1AMEND /JRS DRft1MBC 9 /M /Mbt Order No: 93066012 - U50 Your Ref: THE PALMS CONDO As part of the settlement of a class action lawsuit, we are required to place this notification in all preliminary reports: IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 28, 1997, which was handled by one of the above - listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release of obligation in the event that one inadvertently bad not been previously recorded in the escrow transaction previously handled by one of the above -named title companies. KW �IUI SUBDIVISION GUARANTEE Order No. 93066012 -U50 Fee: $ Dated: September 13, 1999 at 7:30 A.M. Subdivision: CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The County of SAN DISCO and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are as set forth in Schedule A. Issued by: CHICAGO TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CA 92101 PHONE NO. (619) 239 -6081 FAX NO. (619) 544 -6277 1 4� John Rau Preslaent Thomas J. Adams Secretary Order No: 93066012 -U50 . Dated: September 13, at7:30 A.M. ,apNo: Subdivision: Fax Number: (619)544 -6292 SCHEDULE A The map hereinbefore referred to is a subdivision of: THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST. DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15043'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 017'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15043'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89022'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. The parties hereinbefore referred to are: • [fi iwc KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00% INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% INTEREST, ALL AS TENANTS IN COMMON TRUST DEED HOLDER: GUARDIAN TITLE ESCROW DIVISION, A CALIFORNIA CORPORATION, TRUSTEE UNDER DEED OF TRUST RECORDED SEPTEMBER 2, 1997 AS FILE NO. 1997 - 425083 OFFICIAL RECORDS. EASEMENT HOLDERS: (1) THE COUNTY OF SAN DIEGO, HOLDER OF AN EASEMENT AS DEDICATED ON MAP NO. 524, FILED APRIL 6, 1888. SAID EASEMENT CANNOT RIPEN INTO A FEE. SUBDWA -12/n/ e on CHICAGO TITLE COMPANY &'I Reference: THE PALMS CONDO Regarding: 1415 NO. VULCAN AVENUE ENCINITAS, CA 92024 PRELIMINARY REPORT Dated as of: February 1, 1999 at 730 AM Order No.: 93066012 - U50 CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Title Department: CHICAGO TITLE COMPANY 925 "B "STREET SAN DIEGO, CA. 92101 (619)2f39-6081 -4 ' 9)5 /279 �Giy, TOM VOTEL TITLE OFFICER PFP - /O /97bk O D E C E I V E I C tiyr NI SCHEDULE A Order No: 93066012 U50 Your Ref: THE PALMS CONDO 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: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00% INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00$ INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% INTEREST, ALL 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: THAT PORTION OF BLOCK 34 OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF JUNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 °43'30" WEST 75.00 FEET; THENCE AT RIGHT ANGLES NORTH 74 °17'30" EAST 299.96 FEET TO THE CENTER LINE OF SAID JUNO AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 15 °43'30" EAST 163.10 FEET TO THE SOUTHERLY LINE OF SAID NORTH LEUCADIA; THENCE NORTH 89'22'30" WEST 312.67 FEET TO THE POINT OF BEGINNING. SCHEDULE B Page 1 Order No: 93066012 U50 Your Ref: THE PALMS CONDO 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: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1999 -2000 THAT ARE A LIEN NOT YET DUE. B 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1998 -1999 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $1,304.09 (PAID) $1,304.09 $141.41 (DUE AFTER APRIL 10) $NONE 19084 254- 053 -19 -00 c 3. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. D 4. THE RIGHT OF THE PUBLIC TO USE AS A PUBLIC HIGHWAY THAT PORTION OF THE ALLEY IN BLOCK THIRTY -FOUR (34), INCLUDED WITHIN THE BOUNDARIES OF THE HEREIN DESCRIBED PROPERTY AS SHOWN ON SAID MAP OF NORTH LEUCADIA. s 5. THE RIGHTS OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, FORMERLY THE CALIFORNIA SOUTHERN RAILWAY COMPANY, IN AND TO VULCAN AVENUE, WHICH ARE APPARENTLY SUPERIOR TO THE RIGHTS OF THE PUBLIC IN AND TO SAID STREET. G 6. FORFEITURE OF TITLE UPON BREACH OF THE CONDITIONS CONTAINED IN THE DEED FROM E. B. SCOTT AND DE W. SCOTT TO ROSA H. SCOTT, DATED JULY 12, 1881, RECORDED IN BOOK 132, PAGE 19 OF DEEDS, AND IN THE DEED FROM DE W. SCOTT TO E. B. SCOTT, DATED APRIL 8, 1889, RECORDED IN BOOK 157, PAGE 87 OF DEEDS. SIMILAR CONDITIONS ARE CONTAINED IN THE DEED FROM E. B. SCOTT AND ROSA SCOTT TO M. J. HALLETT, DATED APRIL 7, 1891, RECORDED IN BOOK 176, PAGE 317 OF DEEDS. 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $190,000.00 Page 2 Order No: 93066012 U50 SCHEDULE B (continued) Your Ref: THE PALMS CONDO DATED: AUGUST 25, 1997 TRUSTOR: KEITH W. WAGNER, A SINGLE MAN, AS TO AN UNDIVIDED 40.00$ INTEREST AND CONRAD F. WAGNER AND WANDA H. WAGNER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 30.00% INTEREST AND ROBERT J. LUSITANA, A SINGLE MAN, AS TO AN UNDIVIDED 30.00% INTEREST, ALL AS TENANTS IN COMMON TRUSTEE: GUARDIAN TITLE ESCROW DIVISION, A CALIFORNIA CORPORATION BENEFICIARY: JACK W. MCMAHAN, SUCCESSOR TRUSTEEOF THE E.S. MCMAHAN FAMILY TRUST, DATED AUGUST 12, 1985 AND ALL AMENDMENTS THERETO RECORDED: SEPTEMBER 2, 1997 AS FILE NO. 1997- 0425083 OF OFFICIAL RECORDS x 8. THE EFFECT OF RECORD OF SURVEY MAP NO. 15769, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 20, 1998. END OF SCHEDULE B NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB- ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD. CALIFORNIA ABA 121 - 000358 CREDIT TO CHICAGO TITLE SUB- ESCROW DEPOSITORY ACCOUNT NO. 12359 -50752 FURTHER CREDIT TO ORDER NO: 093066012 ATTN: TOM VOTEL TITLE OFFICER K JTF Order No: 93066012 - U50 Your Ref: THE PALMS CONDO As part of the settlement of a class action lawsuit, we are required to place this notification in all preliminary reports: IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE : OLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 28, 1997, which was handled by one of the above - listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release of obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above -named title companies. KM - /07/� ru-'TT-r �ITT 1 1 2 III �All'rtT pl SCALEI111/10of NI"m M\ to 254 -0 5 I'�Iaol YH�AI'/IV SHT I .. iNT 2OFS !' PM 1203 Ir 21A,fl IAP. 1 fF - qP, j 19 :: I I F� �.'i 1S } C IM I'.NI J�1' • E.CI M:. - TRAILET RANCHO /2- /2-tgb ♦i:•S FI= . 1! fll ',AR.j. + MOBILE HOME MIN O L .R.1 11SEE SB. b J II Ju0•n - AVE 1 r un .e je J zJ. Ynuni�. i 1E Oq r auo T LTIAO. I.nonc. ' IT U O ; O.E I AG T R T T l T T T T T T T 1 r T T T T T T T F ^� e' -ON r, ,f A. � r.:' nI n f h ¢. r. t � O r9 f IE E�J ey ^AC �• ouz :c. c SHn2. u'eT RC w A 8 r 033 rn c 1 L 1 1 1_ L L 1 -v L 1 L J 8 L LE) L v; I r T T T- T T x NJ •i i :I'. . ¢' 0.; E T 7J 1 T T .] U 3, A R u u u Q) SKT 2 ry j LA - C N °1 R n - n IOi Q Q z 81 .rfA.b ,Nl.b z E - 1 • HOBO AGLEM - m /L•O VULCAN 052 Y M AVE. J Sa P a s 1J A.T. 4 S.F. RR R/W POR. PAR. 1- S.B.E. MAP 804 -37 -9H a OLD HIGHWAY 101 (XISD28) 0 P w e ~ I N 3HTrl SEC 4 - T13S -R4W - POR NW 1/4 N (MAP 574 - p0 I GI If AI1TA - PI Ec 7n 77 Tu j DIl] of v �, I �y IES 0460 COUNT' I33111eeE'1 xP 11 15E 10 m. 111 t Of ] o a ' v w rc rc AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10.17.92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10- 17 -92) 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 law, ordinance or governmental regulation (including but not limited to building and zoning laws. ordinances. or regulations) restricting. regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land. (i) the character. dimensions or!ocation of any improvement now or hereafter erected on the land; (in) 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 projection, 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 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 violation or alleged violation affecting the land has been recorded in the public records at Dale 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, bens, encumbrances. adverse claims or other mailers (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 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. 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 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 �s based on (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer: or pp 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 nonce to a purchaser for value or a judgment or lien creditor. The above policy forms 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 General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage land the Company will not pay costs. attorneys tees 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 or not shown by the recordsof 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 by making inquiry of persons in possession thereof 3. Easements. liens or encumbrances. or claims thereof. 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 the public records. 5. (a) Unpalented 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 shown by the public records. • • LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 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 will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to budding and zoning laws. ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy. use. or enjoyment of the land. (u) the character, dimensions or location of any improvement now or hereafter erected on the land. (m) 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 (ov) environmental protection, or the effect of any violation of these jaws. ordmancesor 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 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 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 prior to Dale of Policy which would be binding on the rights of a purchaser for value wilhout knowledge. 3. Defects, liens. encumbrances, adverse claims or other mailers (a) whether or not recorded in the public records at Date of Policy, but 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 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 joss or 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 it the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy 4. Unenforceability 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. Invalidity or unenforceability of the hen of the insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit projection or Truth -m- lending jaw. Any claim, which arises out of the transaction vesting in the Insured the estate or 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 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: 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 or not shown by the records of such agency or by the public records. 2. Any facts, rights. interests orclaims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, hens or encumbrances, or claims thereof, 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 the public records. 5. (a) Unpatented 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 shown by the public records. Reorder Form No 12599 (Rev. 2/93) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (8 -1 -87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs. attorney's fees and expenses resulting from Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This excluswn does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land 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 Dale and is binding on you if you bought the land without knowing of the taking Title Risks. • That are created. allowed, or agreed to by you • that are known to you, but not 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 not limit the labor and material lien coverage in Item 8of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a rght'. • 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. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs. attorneys' lees and expenses resulting from 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If, in addition to a single family residence. your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not Insure you against loss. costs, attorneys' fees. and expenses resulting from A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or convened to use as a dwelling unit in violation of any law or government regulation. 0 • • i AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17 -92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10- 17 -92) WITH ALTA ENDORSEMENT • FORM 1 COVERAGE 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 I . (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 (i) the occupancy. use, or enjoyment of the land: (ii) 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 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 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 or other matters: (a) created. suffered, assumed or agreed to by the insured claimant (b) not known to the Company, not recorded in the pubhc 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 Dale 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 extent insurance is afforded herein as to assessments for street improvements under construction or completed at Dale of Policy); or (e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the insured mortgage 4. Unenforceability 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 statism which the land is situated. 5. Invalidity or unenforceablllty of the lien of the insured mortgage. or claim thereof, which arises 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 hen for services, labor or materials (or the claim or 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 whole 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 claim, which arises out of the transaction creating the interest of the mortgagee insured by this polity, 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 (h) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or Qo) 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 purchaser for value or a judgment or lien creditor. The above policy forms 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 General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' tees 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 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 by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, 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 the public records 5. (a) Unpatented 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 shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10- 17 -92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10- 17 -92) 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. I . (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 (i) the occupancy, use, or enjoyment of the land: (it) the character, dimensions or location of any improvement now or hereafter erected on the land. (m) 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 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 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 prior 10 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 but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior 10 the sate 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. or (e) resulting in loss or damage which would not have been sustained it 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 laws. that is based on the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (it) 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 ken creditor. The above policy forms 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 General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys tees 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 or not shown by the record5ol 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 by making inquiry of persons in possession thereof 3. Easements. liens or encumbrances. or claims thereof. which are nor 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 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 shown by the public records. 0 • • • • LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 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 will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of- t. (a) Any law. ordinance or governmental regulation (including but not limited to budding and zoning laws. ordinances. or regulations) restricting. regulating, prohibiting or relating to (i) the occupancy. use. or enjoyment of the land, (u) the character. dimensions or location of any improvement now or hereafter erected on the land: (m) 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 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 detect, ben or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dale of Policy, but not excluding from coverage any taking which has Occurred prior to Dale 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) whether or not recorded in the public records at Dale of Policy but 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 writing to the Company by the insured claimant prior to the dale 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. or (e) resulting in loss ordamage which would not have been sustained it the insured claimant had paid value for the insured mortgage or the estateor interest insured by this policy 4. Unenforceabdlty 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 stale in which the land is situated. 5 Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -m- lending law. 6. Any claim. which arises out of the transaction vesting in the insured the estate or 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 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 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 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 which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are nor 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 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 shown by the public records. Reorder Form No. 12599 (Rev. 2193) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6.1.87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land 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 if you bought the land without knowing of the taking 3. Title Risks' • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Dale - unless they appeared m the public records • that result in no loss to you • that first affect your title after the Policy Date this does not fimil 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. EXCEPTIONS FROM COVERAGE In addition to the Exclusions. you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss. costs, attorneys' fees. and expenses resulting from A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. • • AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17.92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10- 17 -92) WITH ALTA ENDORSEMENT • FORM 1 COVERAGE 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 t. (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 (i) the occupancy, use. or enjoyment of the land; (ii) 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 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 dialect, 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. 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 not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy. (q 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 polity insures the priority of the lien of the insured mortgage over any statutory lien for services. labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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 insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability of 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. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises 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 or materials (or the claim or 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 whole 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 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 purchaser for value or a judgment or Gen creditor. The above policy forme 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 General Exceptions: EXCEPTIONS FROM COVERAGE 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 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 noticesof such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests orclaims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, 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 rot shown by the public records. 5 (a) Unpalented 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 shown by the public records. R r RECORDING REQUESTED R " FirstAmerican 7711e vision AND WHEN RECORDED MAIL TO: Mr. Keith W. Wagner, at al 1615 Neptune Avenue Encinitas, CA 92024 ESCROW NO. 20. 05697 -D J WC 4 19P-0425082 ! 1 _0425082 SEP 02, 1997 4 -59 PM J OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY 3. SMITH, COUNTY RECOR "uER FEES: 294.00 OCt OC THIS SPACE FOR RECORDER'S USE ONLY: TITLE ORDER NO 1159697-4 THE UNDERSIGNED GRANTOR(S) DECLAREW DOCUMENTARY TRANSFER TAX is $264.00 IXI computed on full value of property conveyed, or I I computed on full value less value of 'lens or encumbrances remaining at rime of sale. I I Unincorporated area IXi Cay of Encinitas, AND FOR A VALUABLE CONSIDERATION, receipt of .vhCh is hereby acknowl M Jack W. McMahan, Successor Trustee of The E.S. McMahan Fa l 1A 85 and ail amendments thereto U ,� 1 31999 hereby GRANTW to: �RIIJG SE RVICF` KEITH W. WAGNER, a Si:2G:.E ;ti. AS `10 .,:J 'DIVIDED 40 JO£��,F gT.CM;1CONRAD _ .._7 a: \D : ANDA H. WAGNER, HUSBaLFD AND : I =° AS JOINT TENAN__. _+:; ':DS':IDED .TZRcST aND ROBERT i. LuSITa a, a SINGLE MAY, AS TO AN L "X"DIVIDnD 30.p0.1 L`iTEREST, ALL AS _- 1,1YTS IN COMMON the real property in the City of Erc;mtas, County of San Diego, State of Califern,;a, dascr bed as: COMPLETE LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT ALSO KNOWN AS: 1415 Vulcan Avenue, Encinitas, CA 92024 A.P. k 254 - 053 -19 DATED Jura 30, 1997 STATE OF CALIFORN COUNTY CF 1 C Cn 1 -1 —91 . before me. a Notary Public in and for said State, persona y appeared 0.L o I.L 162 Irk pescoaafll�o me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) islare subscribed to the within instrument and acknowledged to me that nershelthey executed the same in Ks,her /their authorized capacitylies), and -.hat by his/herltheir signature(s) cn the instrument the person($), or the entity upon behalf of wnich the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Mail tax statements to: Mr. Keith E.S. McMahan Family Trust. dated August 12, S9, 5 and all amendments thereto ai W Ja k `N. McMahan, Successor, Trustee GRETCHEN PFLEIGER Comm. 11108948 NOTARY PULIC CAL!FORNIA �+ San Oiepo eoonly W Comm. Et ees Au g 18, 2000 (This area 'or official notarial seal) 5 Neptune Avenue Encinitas, CA 92024 24 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF &LOCK 34 OF LEUCADIA, IN THE =,INTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO N.A. THEREOF NO. 524, FILED :a THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 6. 1888, INCLUDING A PORTION OF THE WESTERLY HALF OF .7UNO AVENUE CLOSED TO PUBLIC USE ADJOINING SAID BLOCK 34 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SCUT?%WEST CORNER OF SAID BLOCK THENCE _.._ WESTERLY LINE THEREOF NORTH :5043'3u'' WEST 75.0- ___ -; THENCE ANGLES NORTH 74017'30" EAST 239.96 FEET TO . -_ 77_.=.R L_ —NE AI:; JUNO AVENUE; THENCE ALONG SA::; CENTER u "IN£ SOU:_ FEET TO THE SOUTHERLY L :N__ OF SA_D NORTH Lc _.= i:•.; ::CRT!; 89 °22'30" WEST 3:Z.�- FEET TO THE PO :NT OF BEGI:;- HETHERINGTON ENGINEERING, INC. SOIL & FOUNDATION ENGINEERING • ENGINEERING GEOLOGY • HYDROGEOLOGY May 13, 2004 Project No. 3459.1 Log No. 8515 Wagner Properties 1615 Neptune Avenue Encinitas, California 92024 Attention: Mr. Keith Wagner Subject: AS- GRADED GEOTECHNICAL REPORT Buildings "A" and `B ", Building Pads Only 1415 Vulcan Avenue Encinitas, California References: Attached Dear Mr. Wagner: In accordance with your request, we have performed geotechnical services in conjunction with grading at the subject site. Grading of the pad areas for Buildings "A" and `B" is complete and addressed by this report. Grading of adjacent driveways and parking areas has not been completed at this time and will be addressed in a separate report at the completion of rough grading. Our services have consisted of geotechnical observation and testing during grading, laboratory testing, and the preparation of this report which presents the results of our testing and observations, and our conclusions and recommendations for Buildings "A" and `B" only. GRADING OPERATIONS Grading was performed during March 2004. Grading consisted generally of removing the previously existing undocumented fill/colluvium soils to terrace deposits, and the subsequent placement of compacted fill to achieve design site grades. Christina Engineering performed the earthwork utilizing plans prepared by Richard E. Berg (Reference 1). 5205 Avenida Encinas, Suite A • Carlsbad, CA 92008 -4369 • (760) 931.1917 • Fax (760) 931 -0545 32242 Paseo Adelanto, Suite C • San Juan Capistrano, CA 92675 -3610 • (949) 487 -9060 • Fax (949) 487 -9116 www.hetheringtonengineering.com AS- GRADED GEOTECHNICAL REPORT Project No. 3459.1 Log No. 5815 May 13, 2004 Page 2 STiTE PREPARATION Prior to grading, the building pad area was cleared of existing vegetation and debris. Existing undocumented fill/colluvium soils were removed down to dense terrace deposit materials. Following the removals, the exposed subgrade was scarified, brought to near optimum moisture conditions and compacted to at least 90 percent relative compaction as determined by ASTM: D 1557 -91A. The approximate elevations of the bottom removals are shown on the Plot Plan, Plate No. 1. SOIL TYPES The soils utilized as fill consisted of on -site materials composed generally of yellow brown to light red brown silty sand. FILL PLACEMENT Fill soils were placed in approximately 6 to 8 -inch thick, near horizontal lifts, moisture conditioned to near optimum moisture content, and compacted by mechanical means to a minimum of 90 percent relative compaction as determined by ASTM: D 1557 -OOA. Compaction was achieved using conventional heavy earth moving equipment. Fill thickness ranges from approximately 4 to 7 -feet. The approximate limits of grading covered by this report are shown on the Plot Plan, Plate 1. Density tests were performed in accordance with ASTM: D 2922 (Nuclear Method). The results of the density tests are presented on the attached Summary of Field Density Tests, Table I. The approximate locations of the field density tests are indicated on the accompanying Plot Plan, Plate No. 1. Maximum dry density/optimum moisture content determinations are presented on the attached Summary of Maximum Dry Density/Optimum Moisture Content Determinations, Table H. CONCLUSIONS AND RECOMMENDATIONS 1. General Based on our observations and the results of our testing, it is our opinion that the grading of the building pad areas for Buildings "A" and `B" has been performed in general conformance with our recommendations and the requirements of the City of Encinitas, and that the building pads are suitable for their intended use. The recommendations provided in References 2 and 3 remain applicable. HETHERINGTON ENGINEERING, INC. AS- GRADED GEOTECHNICAL REPORT Project No. 3459.1 May 13, 2004 Page 3 2. Site Drainage The following recommendations are intended to minimize the potential adverse effects of water on strictures. a. All site drainage should be directed away from structures. b. No landscaping should be allowed against foundations. Moisture accumulation or watering adjacent to foundations can result in deterioration of wood/stucco and may affect foundation performance. C. Irrigated areas should not be over - watered. Irrigation should be limited to that required to maintain the vegetation. Additionally, automatic systems should be seasonally adjusted to minimize over - saturation potential particularly in the winter (rainy) season. d. All slope, yard, and roof drains should be periodically checked to verify they are not blocked and flow properly. This may be accomplished either visually or, in the case of subsurface drains, placing a hose at the inlet and checking the outlet for flow. 3. Recommended Testing and Observation During Construction The following testing and/or observations by the Geotechnical Consultant are recommended during construction: a. Footing excavations prior to placement of reinforcing steel. b. Interior (underslab) utility trench backfill. C. Exterior utility trench backfills. LIMITATIONS Our services were performed using the degree of care and skill ordinarily exercised, under similar circumstances, by reputable Soils Engineers and Geologists practicing in this or similar localities. No other warranty, express or implied, is made as to the conclusions and professional advice included in this report. HETHERINGTON ENGINEERING, INC. AS- GRADED GEOTECHNICAL REPORT Project No. 3459.1 May 13, 2004 Page 4 This opportunity to be of service is appreciated. If you have any questions, please call our office. Sincerely, HETHE E GINEERING, INC. on S. Geldert G° 4oFESSIp Civil Engineer 63912 Qyd� � eyr (expires 9/30/06) C s NO. IM2 {r trop. Dabs JSG/ dw Attachments: Plot Plan Plate 1 Summary of Field Density Tests Table I Summary of Maximum Dry Density/ Optimum Moisture Content Table II Distribution: 4 - Addressee HETHERINGTON ENGINEERING, INC. REFERENCES 1. Berg, Richard, E., "Grading Plan, 1415 Vulcan Avenue, T.M. 98- 189 ", dated December 12, 1999. 2. Hetherington Engineering, Inc., "Geotechnical Investigation, Proposed 14 -Unit Condominium Complex, 1415 Vulcan Avenue, Encinitas, California", dated October 15, 1999. 3. Hetherington Engineering, Inc., "Geotechnical Update, Proposed 14 -Unit Condominium Complex, 1415 Vulcan Avenue, Encinitas, California ", dated November 19, 2002. HETHERINGTON ENGINEERING, INC. TABLE I SUMMARY OF FIELD DENSITY TESTS (ASTM: D 2922) Test No. Test Date Soil Type Elevation (feet) Dry Density Cf) Moisture Content M Relative Compaction (%) 6 03/08/04 1 60.0 118 8.8 97 7 03/08/04 1 60.0 113 6.9 92 8 03/09/04 1 61.0 119 9.8 98 9 03/09/04 1 61.0 115 10.2 94 10 03/09/04 1 63.0 118 10.8 97 12 03/09/04 1 63.0 114 12.4 93 13 03/09/04 1 64.0 117 8.5 96 15 03/10/04 1 62.0 113 7.4 93 16 03/10/04 1 65.0 116 10.7 95 18 03/10/04 1 63.0 116 9.9 95 23 03/12/04 2 65.5 120 10.2 96 24 03/12/04 2 65.5 116 10.6 93 25 03/15/04 2 64.0 117 6.1 93 TABLE II SUMMARY OF MAXIMUM DRY DENSITY/ OPTIMUM MOISTURE CONTENT DETERMINATIONS (ASTM: D 1557 -91A) Soil Type Description Maximum Dry Optimum Moisture Density (pcf) Content ( %) 1 Light yellow brown silty sand 122.0 12.0 2 Light red brown silty sand 125.0 8.0 Projxt No. 3459.1 Log No. 8515 '1 LEGEND ® APPROXIMATE LOCATION OF DENSITY TEST APPROXIMATE ELEVATION OF OVEREXCAVATION I CLEANODT BOTTOM (FEET) APPROXIMATE LIMITS OF GRADING ADDRESSED BY THIS REPORT BRIAN POLLEY LAND SURVEYINQ INC. Licensed Land Surveyor No., 4670 LAND SURVEYOR b CIVIL ENGINEERS 858 METCALF STREET. ESCONDIDO. CALIFORNIA 92025 TELEPHONE: (760) 745 -3805 FACSIMILE: (760) 745 -3792 May 13, 2004 Peter Cota - Robles City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas. CA 92024 -3633 Re: Pad Certification 1415 Vulcan Avenue, City of Encinitas Tract No. 98 -189, GP DWG. 6080 -G Sheet 2A of 3 Dear Peter: Field measurements were taken on March 22, 2004 for the building pads A and B on the above - referenced grading plan. These two building pads have been graded to within a tenth of afoot of a pad grade that is shown on the approved grading plan as 66.93 for Pad A and 67.10 for Pad B, shown as follows: PAD "A" NORTHEAST SOUTHEAST SOUTHWEST NORTHWEST CENTER PAD "B" NORTHEAST SOUTHEAST SOUTHEWEST NORTHWEST MID EAST SIDE MID WEST SIDE CENTER NORTH 1/2 CENTER SOUTH 1/2 MEASURED ELEVATION 66.98 66.89 66.87 66.95 66.84 MEASURED ELEVATION 67.01 67.05 67.03 67.03 67.08 67.04 67.01 67.03 PAD ELEVATION PER GP 66.93 66.93 66.93 66.93 66.93 PAD ELEVATION PER GP 67.10 67.10 67.10 67.10 67.10 67.10 67.10 67.10 LAND PLANNING& SURVEYING PROPERTY DEVELOPMENT ENGINEERING • CONSTRUCTION STAKING zo -d 7551 £00L P1 field L6Z£- S7L- 09L -I :XP3 9NIA3AdnS A311M NHRI9 Based on my review, the subject building pads have been graded in substantial conformancc with Grading Plan Drawing No. 6080 -G Sheet 2A of 3 and said building pads are located horizontally per said plan_ If you have any questions, please don't hesitate to contact meat (760) 745 -3805. Sinc lLftllcy, BriPLS 46 0 President t�lot$ " v_ANO gG °= 9 � P L . !U t� O (Fo: K KO. 4670 ^ ;10 m �P9 g0 OS � _ sr , - =a�eof Cat O1.110 �1 20 'd bS 5i 20w b[ field L6L£- W- 0W -I :XE3 9NIA]IMIS A3110d Nbldg MAP `24 NOR LH I_FUCADIA €x. BLOCK 34 was M1VF VULCAN OWNER CERTIFICATION I HEREBY A6WFE TO COMMENCE NTWK ON ANY IMPROVEMENTS SAEMN ON PNESE PLANS IRNAN 4-XI57WV CITY Rl£HP ZRWAY ATT VV 60 ON YS APMR ISSUANOL' 6 THE CONS7RNCPPON PEBAR11 AMD TO PURSUE SIAM WURK ACTTAE.Y ON FIERY NORMAL WORKINO OA ONTV CGWY74C E4 IRRE"SPEGTTVE ANO INOEPENOENi OF ANY O1ER NARK ASSOLYAJ EE WREV TEAS PRO 07 CR NNOER MY CONTROL. OWNER 'DAY WAONER 'T,q, yN AOORESS.' -1 NACAN ALENNf FMCINI!AS MA ASSESSORS /RERCSX: T@4- QR3 -19 20 0 SO A. SO 6RAPHC SCALE F`ET 0 LEFT 0 TIC T RIGHT A, �N Q� We WORK. TO BE DONE IMPROVEMENTS CONSIST OF THE FOLLOWING WORK TG BE GORE ACCORDING TO THESE PLANS, THE CURRENT SAN DIEGO REGIONAL STANDARD SPECIRCATIQN9 AND SPECIAL PROVISIONS FUN IMPROVEMENT OF SUBDIVISION STREETS AND STANDARD REFERENCE DRAWINGS, AND ME CITY OF ENCINITAS STANDARD SPECAGAP ONS AND DRAWINOB. LEGEND: IMPROVEMENT STO, DWG. SYM L 4" A.C. PAVEMENT ON 6' (MIN) APPROVED BASE (SEE NBTE 2) 6" TYPE "G" CURB AND GUTTER G -2 _ 4" P.C.C. SIDEWALK G- Jam,,,., CONCRETE DRIVEWAY C -I. 6" ARE HYDRANT ASSEMBLY SO. 1-1 $...�_ . 6' RVC SEWER LATERAL L.C. S -13 SEWER MANHOLE LCWD $ -3 4" PVC WATER SERVICE W-2 2" WATER SERVICE SOM P -3 ., -.- -- TRENCH RE- SURFACING CITY OF ENCINTAG STD. DWG. !2� TYPE A CURS OUTLET D -SS MAP 524 VORTH I.. FUCADIA NOR:' 1 "WA]ER SERH6E 4 "FIRE SERVICE ANO FIRE DI OCK :S4 H19RANT FO BE INSTAL4EO B/TAN MEGOIaO WA 1ER OABIRlCT STAFF AT OWNER'S EXPENSE. L i EP r AMENDED CI PER R 5. t 00 NELY OF OLD CL PAT I S NFORD T. AN PEMPOR RY 1"A0 BERM 0 N SITE _ PAY£NENT &PAIN WHITE FO PRfT §ECY ` EX POWER POSE (3' CLEAR). /HJN£R PO4E WLL BE REMOVES AS ART OF NNOERIJROfMP NAUTY O(SPRIOJ ,{i0 (ESTIMAP£D START GAPE ✓t/4Y, TOO1) 4JA 4 Q AMENRER CL PER RS 1567 -4 + F C 21' F/C 1 E IST. C.L. PER. s' a' ENCINITAS MAP C.L. 2 Y„ 4" PCC SIDEWALK M 6" TYPE "W CURB k WTTER EXISTING AC PAVING TT{E STRUCTURAL SECTION SHALL BE IN ACCORDANCE WITH THE CITY OF ENCINITAS STANDARDS AND AS APPROVED BY ME MATERIAL$ LABORATORY. (4" A C OVER 6" D.G. OVER S" NATIVE SUBGRADE COMPACTED TO 95R MIN.) NOT SEE Z. VICINITY MAP TYPICAL SECTION — VULCAN AVENUE NOT M SCALE TRAFFIC INDEX = 7.0 HER,IA _74,L -ISI N IRI FXPRET L ROM I'- NOT TO SCALE —1— -1 avv yr RECOMMENCE APPROVE Ily R ARD E. BL 1E "a- 47782 - - - - DATE 9/2AtnI DATE }le// . 3 -31 ExP 04. GENERAL NQTg$ 1 A PERMFT SHALL BE OBTAINED FROM ME ENCINITAS ENGIN&ERRG SERVICES DEPARTMENT 101 ANY WORK .M. ME STREET RIGHT -OF -Wax. 2. THE STRUCTURAL SEGO. SHALL BE IN ACCORDANCE A M CITY OF ENCINITAS PUBLIC ROAD STANDARDS. R VALUE TESTS SHALL BE BONDED PRIOR TO CONSTRUCTION. 3 CONSTRUCTION "E'S OLt5IOE PTHE PLANS AS SHOWN DOES NOT CONSi1TUlE APPROVAL OF ANY 4 ALL UNDERGROUND UNITIES WITHIN ME STREET RIGHT -OF -WAY SHALL BE CONSTRUCTED, CONNECTED AND TESTED PRIOR TO CONSTRUCTION OF BERM CURB, CROSS GUTTER AND PAVING. 5 THE EXISTENCE AND LOCAION OF EXISTING UNDERGROUND FACIWRBS SHOWN fMN THESE PLANS WERE OBTAINED BY A SEARCH OF ME AVAILABLE RELgROS TO THE BEST Of O1JR KNOWL €Ne THERE ARE NO OTHER EESYNO FACILITIES EXCEPT AS SHOWN. ON THESE PLANS. HOWEVER, ME CONTRACTOR IS REQUIRED TO TAKE PRECAUTIONARY MEASURES TO PROTECT ANY EXISTNG FACILITY SHOWN HEREON AND ANY OMER WHIGH IS NOT OF RECORD OR NOT SHOWN ON THESE PLANS, 6 LOCATION AND ELEVATLON OF IMPROVEMENTS TO BE MET BY WORK TO BE DONE SHALL BE CONFIRMED BY FIELD MEASUREMENTS PENN TO CONSTRUCTOR OF NEW WORK. OOMSTRAOTOR W10.L MAKE EXPLORATORY EXCRVARONS ANp LOCATE f%1S11NG UNDERGROUND FACIUTAES SUFOOIENFLY AHEAD OF CONSTRUCTION TO PERMIT REN$IONS TO PLANS IF REVISIONS ARE NECESSARY BECAUSE OF ACTUAL DO OP OF CONSTRUCTION FACILITIES. 7. THE CONTRACTOR SHALL NOTIFY SAN DIEGO GAS AND ELECTRIC COMPANY PRIOR TO STARTING WORK NEAR COMPANY FACILITIES AND SHALL CBODINATE HIS /HER WORK WITH COMPANY EAPRESENTATWES. NOR- ALL ELECTRICAL AND GAS SERVICES WITHIN THIS PROJECT ARE "UNDERGROUND IMSTAL4ATIDNS". FOR LOCATION OF ELECTRICAL CA9LEB AND AS PIPING AND TELEPHONE CONTACT CONTACT ME SAN DIEGO GAS AND ELECTRC COMPANY. T£1£PHOME: (SRO) 422 -4133 B THE CONTRACTOR SHALL NOTIFY PACIFC BELL "A"M TO STARTING WORK NEAR COMPANY FACILITIES AND SHALL COORDINATE HIS /HER WORK WIN COMPANY REPRESENTATIVES. NRTICE: ALL TELEPHONE SERVICES WITHIN THIS PROJECT BOUNDARY ARE "UNDERGROUND INSTALLATIONS ". FOR LOCATION OF CABLES AND APRURTENANCES CONTACT PACIflC BELL. TELEPHONE: (800) 422 -4133 S. IT SHALL BE ME RESPONSIBILITY OF THE DEVELOPER TO CONTACT ME UTILITY AGENCIES, ADVISE THEM OF ME PROPOSED MIpRRVEMENT$, AND BEAR ME COST OF RELOCATIONS, IF NEEDED. 10 ALL TELEVISION SERVICES WAMIN THIS PROJECT ARE " DNDERGRRUND INSTALLARONS". FOR LOCATION OF CA DE AND APPURTENANCES CONTACT C4J( CABLE TELEW9ON. R CNE: (800) 422-4133 11 POWER SOURCE$ AND RUNS SERVING STREET LIGHTS SWAl4 Be SHOWN QM ME "A$ BULLY' MPROVEMENT DRALMMGS ALL SOURCES SMALL BE LO6ATED NWINN ME DEDICATES RIWT -OF WAY, OR WTHIN EASFAENTS DEDICATED TO THE CITY OF ENCINITAS. 12. N0 PAVING SHALL BE DONE UNTIL EXISTING POWER POLES ARE RELOCATED OUTSIDE ME AREAS TO BE PAVED. 13, ALL LUMINAIRES SHALL PROVIDE TRUE 90' CUTOFF, AND ALLOW NO ESCAPE OF UGHT ABOVE ME HORIZONTAL. 14 THE CONTRACTOR SHALL REQUEST FROM ME ENGINE6RUG SERVICES DEPARTMENT A PRE- ODMS-OTION MEETING AND SHALL PROVIDE AT LEAST 48 HOURS OF RGEHM FOR SUCH A MESTRO. PHONE NUMBER 633 -2770. 15 THE DEVELOPER SHALL BE RESPQN$IBLE MAT A MONUMENT OR BENCH MARK WHICH G DISTURBFA OR DESTROYED SMALL BE RE- ESTABLISHED AND REPIACEO BY A REGISTERED. EVIL ENGINEER OR A UCEN$ED LAND SURVEYOR 18 PHE DEVELOPER SHALL MARK ME LgOATION OF EARN SEWER LATERAL AND WATER SERVICE @V CHISELING ME LETTERS 'S" AND "W ", RESPEC'BVELY 2 INCHES HIGH INTO THE FACE OF THE GNRB. 1> THE ADDRESS OF EACH LOT SHALL BE PAINTED ON THE CURB IN A MANNER AND LOCATION APPROVED BY THE NSPECTOR 18 ALL WORK $HALL BE DONE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS FOR PUBLIG WORKS CONSIRU£T1 (LAY $T EDITION) ME SAN Dp q STANDARD $P. Q PROVISIGNS T9 MH STANDARD SPE IAGATION FOR F BUC WORKS CO iR� 6BON fADOPT£D BY THE $AN DIEGO ftEG ONAL STANDARD$ COMMITT'E'E), AND THE SAN DIEGO REGIONAL STANDARD DRAWINGS (LATEST ENEM). DECLARATION OF RESPONSIBLE CHARGE I HEREBY DECLARE MAT I AM ME C VIL ENGINEER OF WORK FOR MI$ PROJEC.i, THAT HAVE EXERCISED RESPONSIBLE CHARGE OVER ME DESIGN OF MIS PROJECT AS DEFINED NT SECTION 8703 OF BUSINESS AID PROFESSIONS CODE, AND MAY ME DESIGN kS CONSISTENT AIM COME STANDARDS. I UNDERSTAND MAT THE CHECK OF PROJ4{'+ MAKINGS AND SPECIPICATIONS BY ME CITY OF ENCINITAS I6 CONFINED TO A REVIEW ONLY AND DOER NOT RELIEVE ME. AS ENGINEER OF WOftK, OF MY RESPONSBILIilES FOR PROJECT DESIGN. BRAN NMEY LAND SURVEYING. INC. 656 METOALF STREET pgoFE ESCONDIDO, CA 42025 p E gEgA" PHONE: (780) 145 -3505 BY ^i. Z k�" -- PO 8Ya i�. RICHARD E BERG F.G.E. 44182 x a ."RE, 3/3 /2004 �E clWl MW STREET IMPROVEMENT PLAN 1415 VULCAN AVENUE L6080-1 T.M. 98 -1 B9 ET.._I OF ---------------------------------------- Prepared by: BRIAN POLLEY LAND SURVEYING, ------------- - INC. #CGDS10132 - - - -- -- - - - - -- Map -Check WAGNRGR 9/13/99 10:09:38 Factor: 1.0000000 Correct End - N: 5000.00000 E: 5000.00000 Calc. End - N: 4999.99717 E: 5000.00567 Error - N: - 0.00283 E: 0.00567 Total: 0.00634 Brg: N 63 -28 -34 W Distance Traversed: 850.41000 Closure: 134154 No Adjustment Bearing Distance North East Elevation Pt.No. 5000.00000 5000.00000 1 N 74 -57 -25 E 299.94000 5077.84788 5289.66137 2 S 15 -02 -29 E 162.92000 4920.50974 5331.94184 3 N 88 -42 -22 W 312.55000 4927.56734 5019.47153 4 N 15 -02 -35 W 75.00000 4999.99717 5000.00567 5 Approx: Sq.Feet: 35680.75122 Acres: 0.81912 --------------------------- - - Prepared by: BRIAN POLLEY LAND - - -- --- - - - SURVEYING, - -- -- INC. #CGDS10132 - - - - - -- Map -Check WAGNRNET 9/13/99 9:57:23 Factor: 1.0000000 Correct End - N: 5000.00000 E: 5000.00000 Calc. End - N: 5000.00142 E: 5000.00416 Error - N: 0.00142 E: 0.00416 Total: 0.00439 Brg: S 71 -05 -21 W Distance Traversed: 841.67000 Closure: 191530 No Adjustment Bearing Distance North East Elevation Pt.No. 5000.00000 5000.00000 1 N 74 -57 -25 E 294.94000 5076.55015 5284.83272 2 S 15 -02 -29 E 162.92000 4919.21202 5327.11319 3 N 88 -42 -22 W 307.34000 4926.15197 5019.85155 4 N 15 -02 -35 W 76.47000 5000.00142 5000.00416 5 Approx: Sq.Feet: 35302.09358 Acres: 0.81042 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Prepared by: BRIAN POLLEY LAND SURVEYING, INC. #CGDS10132 Map -Check WAGNAD83 9/13/99 10:28:54 Factor: 1.0000000 -------------------------------------------------------------------------------- Correct End - N: 1972214.67800 E: 6239560.21800 Calc. End - N: 1972214.68828 E: 6239560.21575 Error - N: 0.01028 E: - 0.00225 Total: 0.01053 Brg: S 12 -21 -31 E Distance Traversed: 2960.68500 Closure: 281247 No Adjustment Bearing Distance North East Elevation Pt.No. 1972214.67600 6239560.21800 1 S 15 -00 -28 E 785.90700 1971455.57775 6239763.72875 2 N 79 -37 -15 W 1087.35400 1971651.47707 6238694.16707 3 N 15 -02 -35 W 75.00000 1971723.90690 6238674.70121 4 N 61 -00 -12 E 1012.42400 1972214.68828 6239560.21575 5 Approx: Sq.Feet: 422869.12011 Acres: 9.70774 LEGAL DESCRIPTION FOR 5' OFFER OF DEDICATION TO THE CITY OF ENCINITAS. PREPARED FOR KEITH WAGNER PAGE 1 JULY 7, 1999 THAT PORTION OF BLOCK 34 OF NORTH LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORER OF SAID BLOCK 34; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 15 002'35" WEST 75.00 FEET; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE, NORTH 74 057'25" EAST 5.00 FEET; THENCE PARALLEL WITH SAID WESTERLY LINE SOUTH 15 002'35" EAST 76.47 FEET TO THE SOUTHERLY LINE OF SAID BLOCK 34 OF NORTH LEUCADIA; THENCE ALONG SAID SOUTHERLY LINE NORTH 88 042'22" WEST 5.21 FEET TO THE POINT OF BEGINNING. III"- U �U < O: -i x N0. 4670 m z Exp 30"99 ?sr .4bp� =afe Of Ca%jjlP �''•iiinuHNr .!l1L 13 1999 25' Z W V v J 25' 25' ZS' SCALE 1 " =20' A/ 74 °.57'2.5 "E (lvl� PROPOSED 5'OFFEA OF OEDICATION TO THE CITYOF EAICIN/TRS O N h W 3LOCK 34 NORTH LEUCAOIA MAP 524 ZCITY OF E1VCINI7-,45 a S/IETCH TO ACCOMPANY L EOAL OESCRIPT /ON PREPAREO FOR KEITH WAGNER 161,4Y7, 1999 BRIAN POLLEY LAAIO �51-IRI/Ey/NG, /NC. 6 SG METCq LF 5TREE"7- ESCOIVD /DOS CA 9202.5 "rot SG'P' �WZ �r p U r f O -/ ¢ Na. 4670 m 70 0 of C3 `ot'$ 1� -------------------------------------------------------------------------------- Prepared by: BRIAN POLLEY LAND SURVEYING, INC. #CGDS10132 Map -Check TEMPFILE --------------------------------------------------------------------- 7/07/99 10:07:48 Factor: 1.0000000 ---- - --- - -- Correct End - N: 5000.00000 E: 5000.00000 Calc. End - N: 4999.99574 E: 5000.00151 Error - N: - 0.00426 E: 0.00151 Total: 0.00452 Brg: N 19 -35 -37 W Distance Traversed: 161.68000 Closure: 35797 No Adjustment Bearing Distance North East Elevation Pt.NO. 5000.00000 5000.00000 1 N 15 -02 -35 W 75.00000 5072.42983 4980.53414 2 N 74 -57 -25 E 5.00000 5073.72755 4985.36279 3 S 15 -02 -35 E 76.47000 4999.87810 5005.21019 4 N 88 -42 -22 W 5.21000 4999.99574 5000.00151 5 Approx: Sq.Feet: 378.68599 Acres: 0.00869 NAD83 Zone 6 Coordinates Only Units= U.S. Survey Feet Station Name: 2606 Northing: 1971455.578 Easting: 6239763.728 Elevation: 91.830 + MAPPING ANGLE= - OD 34' 38.77" + + t COMBINED FACTOR= 0.99996547 + t + ++ tttttt+ t +t + + +t+tttt + + + + +t+ +t +tttt +ttt ++ Point Scale Factor= .9999645300531587 Ellipsoidal Reduction Factor= 1.000000943609457 1 3 7MN AS RUIS MONUMENT DETAIL FOR =_> HYG PM 003 Nad83n 1971455.578 Nad83e Nad27n 331011.578 Nad27e Horiz Order: 3 Class: Method Elevation 91.8300 Elev Order: Verdatum 29 Visibility: Mon Type : SK Mon Size Access : 2WD Jurisdic Township : T13S Range Rancho Coord Epoch: NGS LEFT! CONVERSION Established - Date: 01/01/71 Agency: CN Last Found - Date: Agency: Comments below: ID =2606 Status =E 6239763.728 1678348.336 TRAV 3 Meth: N CN R4W Fieldbk: Fieldbk: BaseMap: Y Designator: C Coord Agency: CN Elev Agency: CN Use Bench: N Sketch: Quad: 27 Section: 4 ELEVATION ESTABLISHED BY COUNTY OF SAN DIEGO SEE FIELD BCOK R1340 / "HYGEIA PARK" PAGE 8 Pace: Pane: P... `TE:P RUIS MONUMENT DETAIL FOR = => HYG PM 004 ID =2604 Status =E Nad83n 1972214.678 Nad83e : 6239560.218 Nad27n 331770.678 Nad27e : 1678144.827 Horiz Order: 3 Class: Method : TRAV Elevation 92.4400 Elev Order: 3 Meth: Verdatum 29 Visibility: N Mon Type : SK Mon Size . Access : 2WD Jurisdic : CN Township : T13S Range : R4W Rancho Coord Epoch: NGS LEFTI CONVERSION Established - Date: 01/01/71 Agency: CN Fieldbk: Last Found - Date: Agency: Fieldbk: Comments below: BaseMap: Y Designator: C Coord Agency: CN Elev Agency: CN Use Bench: N Sketch: Quad: 27 Section: 4 ELEVATION ESTABLISHED BY COUNTY OF SAN DIEGO SEE FIELD BOOK R1340 / "HYGEIA PARK" PAGE 6 i Page: Page: -------- - - - Prepared by: - -- ---------- BRIAN POLLEY LAND - - - - -- SURVEYING, - - -- INC. #CGDS10132 Map -Check -------------------------------------------------------------------------------- WAGBDY 4/07/99 7:23:59 Factor: 1.0000000 Correct End - N: 2000.00000 E: 2000.00000 Calc. End - N: 1999.99724 E: 2000.00571 Error - N: - 0.00276 E: 0.00571 Total: 0.00634 Brg: N 64 -09 -53 W Distance Traversed: 850.41000 Closure: 134154 No Adjustment Bearing Distance North East Elevation Pt.No. 2000.00000 2000.00000 1 N 15 -43 -54 W 75.00000 2072.19065 1979.66506 2 N 74 -16 -06 E 299.94000 2153.51413 2268.36992 3 S 15 -43 -48 E 162.92000 1996.69549 2312.53827 4 N 89 -23 -41 W 312.55000 1999.99724 2000.00571 5 Approx: Sq.Feet: 35681.10693 Acres: 0.81913 nn_ 13 09 ti t 332 N VUL 331 N No /o/ + 6/. O LO a� li I J O In 00 ©t.j" ' V OOp4� 0 � t7 n 11 X p 71.013 C+ 0 6fo O O R C H A R D 0 00�oc�A d oO X oow 3 720 L v o Q a o ©oo v� d o °ono ©° u E U c , A' ME O 1 1 i O 'a 1 1 0 �4t ;� •f ! w # fi♦ � it f w w•f w M R ^ i�R T< (r -lit°, � • 56.0 0 101 TREES Q 0665 RE y�[ J d n .•+., ('rte hV•�;�.[ ti Z OO � 1111 S H CQAS PARK �00 +QD UNIT.. 101 � NO 4 � �� 5 AP \NO. 094 C RAJ p RCHARDp X65.0 n ..!, 9 �l 00000 Q }ll',l4 X Q ^ of 1 677 E PREPARED UNDER THE DIRECTION OF THE COUNTY SURVEYOR OF THE COUNTY OF SAN DIEGO, CALIFORNIA. CONTROL BY U.S.C. & G.S., U.S.G.S. AND THE COUNTY OF SAN DIEGO. NORTH AMERICAN DATUM 1927. I . ` COMPILED BY PHOTOGRAMMETRIC METHODS I FROM PHOTOGRAPHY DATED JULY 1960 BY , GlTrn NO A T, n NO A 1 RAAMnlnir' rnPn(1pATTnNl 1676E o � m 0 �10 QORCHARI CHARD r 9. 1 � MAP N 1776 ° o 115 TREES Q o 33') - REE al D 112 ©G Lim f, INDEX TO ADJ 15 9 16 15 -40 IF If ost-it" Fax Note 7671 oate 75-- 16*'09'-► 0 r.-V "+.tj rz From e—( c< ;OJDept. Co. Pha f Fos 7 a: --.I 2+00 ' MAP 524 k- EX. NORTH LEUCADIA 11 Q) ONC. i (Z) BLOCK 34 RIVE i� I p ao cs k e, Z3 Z 0i co* QW 7. —_y EX. Q) f AS p WA_ L4,70— ...... 24 9 PRO TRA PON X . x --Ep ... - - - - - - - - - - ......... ... S-- SMH S 15" 8.39 1 E VULCAN 2+2SEKER MANHOLE 2 .IAVF FP 2+12.00-2 WAfER., -Jrp RE 7 :- IN TEMPORARY 60 AC 8, 1PAVEMENT & PAINT WHI72 -------- F.Y POWV,? Pn1 P- f2' rl F. /jt= 7c,, :z O N M 0 ri Di m 77 w ro to -j CT) 0 co Duane Thompson - impervious areas outside of the buidling footprint Pa e 1 From: "Rick Berg" <rick @bergengineering.net> To: "Duane Thompson" <dthompso @ci.encinfas.ca.us> Date: 12/12/02 1:27PM Subject: impervious areas outside of the buidling footprint Duane per your request -there is approximately 6,000 sf impervious area outside the building footprint. this includes the asp a parking lot, ribbon gutter, trash enclosure, sidewalks, and patios. Rick Berg R. E. Berg Engineering, Inc. 656 Metcalf Street Escondido, CA 92025 (760) 781 -4200 (760) 781 -3400 fax CC: "Keith Wagner" <wagnerproperties @cox.net> BRIAN F _LEY LAND SURVEYING. .NC. Licensed Land Surveyor No., 4670 LAND SURVEYOR & CIVIL ENGINEERS 656 METCALF STREET, ESCONDIDO, CALIFORNIA 92025 TELEPHONE: (760) 745 -3805 FACSIMILE: (760) 745 -3792 CITY OF ENCINITAS CONSTRUCTION BOND ESTIMATE 12/5/2002 F(1R rRAIIImr 1'1RAIN AC:F IMPRf1VFMFNTC WITHIN THE PI IRI Ir RAN THIS IS AN ESTIMATE OF BOND COSTS ONLY AND IS FOR THE SOLE USE OF TH wqj T y OF ENCINITAS IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRU f1 PAYMENT PURPOSES. �� C� \ THIS ESTIMATE IS BASED ON THE CITY OF ENCINITAS UNIT PRICE LIST FOR $ql 4iING SUBDIVISIONS AND PE IT BONDS DATED MAY 1, 1999. W Mo. 41,)82 ae ql -o4 , Exp. 3 BY: DATE: %2 - io -p Z - �% C10 �Q ARD E. BERG 'le Of CA��E�� R.C.E. 41,782 EXPIRES 3 -31 -04 LAND PLANNING & SURVEYING - PROPERTY DEVELOPMENT ENGINEERING " CONSTRUCTION STAKING DESCRIPTION QTY. UNIT UNIT PRICE COST PUBLIC IMPROVEMENT BOND - 6" PCC CURB & GUTTER 46 LF 13.75 633 4" PCC SIDEWALK 378 SF 3.65 1,380 CURB OUTLET PER D -25 1 EA 2,240.00 2,240 4" A.C. PAVING 1,450 SF 1.65 2,393 6" BASE 1,450 SF 0.90 1,305 ON OF SUBGRADE 1,450 SF 1 0.40 580 SAWCUT 140 LF 3.00 420 PCC DRIVEWAY 120 SF 3.95 474 FIRE HYDRANT 1 EA 2,000.00 2,000 " WATER VALVE 1 EA 525.00 525 " WATER LINE 28 LF 28.00 784 GE _A" SEWER LINE 35 LF 55.00 1,925 PI NS SEWER MANHOLE 1 EA 4,000.00 4,000 TRENCH RE- SURFACING 82 SF 2.00 164 TOTAL PUBLIC IMPROVEMENTS 18,822 10% CONTIGENCY 1,882 REQUIRED PUBLIC IMPROVEMENT BOND $ 20,704 GRADING AND DRAINAGE BOND PRIVATE 6" PVC STORM DRAIN 240 LF 37.00 8,880 PRIVATE 8" PVC STORM DRAIN 40 LF 37.00 1,480 PRIVATE 10" PVC STORM DRAIN 150 LF 37.00 5,550 12X12 BROOKS BOX 6 EA 300.00 1,800 NO. 3 BACKING RIP -RAP 1 CY 150.00 150 PCC RIBBON GUTTER 56 LF 15.00 840 4" A.C. PAVING 11,950 SF 1.65 19,718 6" BASE 11,950 SF 0.90 10,755 PREPARATION OF SUBGRADE 11,950 SF 0.40 4,780 TYPE C -3 CMU RETAINING WALL 1,050 SF 28.00 29,400 EXCAVATION 1,200 CY 4.10 4,920 SANDBAGS 200 EA 2.00 400 TOTAL GRADING & DRAINAGE 88,673 10% CONTIGENCY 8,867 REQUIRED GRADING AND DRAINAGE BOND $ 97,540 GRAND TOTAL ALL PNDS1 $ 118,244 THIS IS AN ESTIMATE OF BOND COSTS ONLY AND IS FOR THE SOLE USE OF TH wqj T y OF ENCINITAS IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRU f1 PAYMENT PURPOSES. �� C� \ THIS ESTIMATE IS BASED ON THE CITY OF ENCINITAS UNIT PRICE LIST FOR $ql 4iING SUBDIVISIONS AND PE IT BONDS DATED MAY 1, 1999. W Mo. 41,)82 ae ql -o4 , Exp. 3 BY: DATE: %2 - io -p Z - �% C10 �Q ARD E. BERG 'le Of CA��E�� R.C.E. 41,782 EXPIRES 3 -31 -04 LAND PLANNING & SURVEYING - PROPERTY DEVELOPMENT ENGINEERING " CONSTRUCTION STAKING HETHERINGTON ENGINEERING, INC. SOIL & FOUNDATION ENGINEERING • ENGINEERING GEOLOGY • HYDROGEOLOGY November 19, 2002 Project No. 3459.1 Log No. 7936 Wagner Properties 1615 Neptune Avenue Encinitas, California 92024 4 D Attention: Mr. Keith Wagner D 12 Subject: GEOTECHNICAL UPDATE. Proposed 14 -Unit Condominium Complex gERV10ES 1415 Vulcan Avenue E „CEaF „4 „C� „�tpS Encinitas, California References: Attached Dear Mr. Wagner: In accordance with your request, we have performed a geotechnical update for the subject site. Our services have included review of the referenced reports and plans, and a site reconnaissance by an engineer from this office on November 13, 2002. Our recent site reconnaissance indicates that the property is in a generally similar condition as during our previous work. The geotechnical conclusions and recommendations presented in our original report (Reference 1) remain applicable for the development as presently proposed. This opportunity to be of service is appreciated. If you have any questions, please contact the Carlsbad office. Sincerely, INC. Geotechnical EnI (expires 3/31/04) Danny Cohen Civil Engineer 41937 Geotechnical Engineer (expires 3/31/04) 0 No. 2318 EIL 0*_ 5205 Avenida Encinas, Suite A • Carlsbad, CA 92008 -4369 • (760) 931.1917 • Fax (760) 931 -0545 32242 Paseo Adelanto, Suite C • San Juan Capistrano, CA 92675 -3610 • (949) 487.9060 • Fax (949) 487 -9116 i REFERENCES 1) "Geotechnical Investigation, Proposed 14 -Unit Condominium Complex, 1415 Vulcan Avenue, Encinitas, California ", by Hetherington Engineering, Inc., dated October 15, 1999. 2) "The Palms, A New Apartment Complex, 1415 Vulcan Avenue, Encinitas, California ", by Saunders Wiant Architects & AM Engineers, dated November 8, 1999, Revisior, dated July 1, 2002. HETHERINGTON ENGINEERING, INC. Log No. 7936 HETHERINGTON ENGINEERING, INC. SOIL & FOUNDATION ENGINEERING • ENGINEERING GEOLOGY • HYDROGEOLOGY November 19, 2002 Project No. 3459.1 Log No. 7936 Wagner Properties 1615 Neptune Avenue Encinitas, California 92024 Attention: Mr. Keith Wagner Subject: GEOTECHNICAL UPDATF Proposed 14 -Unit Condominium Complex 1415 Vulcan Avenue Encinitas, California References: Attached Dear Mr. Wagner: In accordance with your request, we have performed a geotechnical update for the subject site. Our services have included review of the referenced reports and plans, and a site reconnaissance by an engineer from this office on November 13, 2002. Our recent site reconnaissance indicates that the property is in a generally similar condition as during our previous work. The geotechnical conclusions and recommendations presented in our original report (Reference 1) remain applicable for the development as presently proposed. This opportunity to be of service is appreciated. If you have any questions, please contact the Carlsbad office. Sincerely, HETHERINGTON ENGINEERING, INC. Civil Engineer 30 _g0VE SS 104,4, Geotechnical End (expires 3/31/04) Civil Engineer 41937 Geotechnical Engineer (expires 3/31/04) 5205 Avenida Encinas, Suite A • Carlsbad, CA 92008 -4369 • (760) 931 -1917 • Fax (760) 931 -0545 32242 Paseo Adelanto, Suite C • San Juan Capistrano, CA 92675.3610 • (949) 487 -9060 • Fax (949) 487 -9116 REFERENCES 1) "Geotechnical Investigation, Proposed 14 -Unit Condominium Complex, 1415 Vulcan Avenue, Encinitas, California", by Hetherington Engineering, Inc., dated October 15, 1999. 2) "The Palms, A New Apartment Complex, 1415 Vulcan Avenue, Encinitas, California", by Saunders Wiant Architects & AM Engineers, dated November 8, 1999, Aevisioi, dated July 1, 2002. HETHERINGTON ENGINEERING, INC. Log No. 7936 BARRY AND ASSOCIATES , p GEOTECHNICAL ENGINEERING �11� P.O. Box 230348 �\ Encinitas, CA 92023 -0348 CC�� (760) 753 -9940 /✓ // June 26, 1998 Wagner Properties 13 U P.O. Box 232312 Leucadia, California 92023 ENGINEERING SERVICES CITY OF ENCINITAS Att: Mr. Keith Wagner Subject: PRELIMINARY GEOTECHNICAL INVESTIGATION Proposed Condominium Project 1415 Vulcan Avenue Leucadia, California 92024 Dear Mr. Wagner, In response to your request, we have performed a preliminary geotechnical investigation at the subject site for the proposed condominium project. The findings of the investigation, laboratory test results and recommendations for grading and foundation design are presented in this report. From a geotechnical point of view, it is our opinion that the site is suitable for the proposed project, provided the recommendations in this report are implemented during the design and construction phase. If you have any questions, please contact us at (760) 753 -9940. Respectfully submitted, /AA. RR. B/A/RRRY� AND ASSOCIATES ��QC ��µT R. A.R. Barry, P t. y Py G00719 Z Principal E ineer Exp 3131702 zo rn * IcFCTECHNw r �P PRELIMINARY GEOTECHNICAL INVESTIGATION Proposed Condominiums 1415 Vulcan Avenue Leucadia, California 92023 A.P.N. 260 - 083 -68 Prepared For Wagner Properties P.O. Box 232313 Leucadia, California 92023 June 26, 1998 W.O. P -1593 Prepared By: A.R. BARRY AND ASSOCIATES P.O. Box 230348 Encinitas, CA 92023 -0348 MV13"wellwololo"M"I &I INTRODUCTION .................. ..............................2 SITE CONDITIONS. ............................................ 2 PROPOSED DEVELOPMENT .......... ..............................2 SITE INVESTIGATION ............ ..............................2 LABORATORY TESTING ............ ..............................3 GEOTECHNICAL CONDITIONS ....... ..............................3 A. SOIL ................ ..............................3 B. EXPANSIVE SOIL ...... ..............................3 C. GROUNDWATER ......... ..............................3 D. LIQUEFACTION ........ ..............................3 CONCLUSIONS AND RECOMMENDATIONS .............................4 A. GENERAL ............. ..............................4 B. GRADING ............. ..............................4 C. FOUNDATIONS ......... ..............................4 D. SLABS ON GRADE ...... ..............................5 E. DRIVEWAY ............ ..............................6 G. DRAINAGE ............ ..............................6 H. FOOTING INSPECTION . ..............................7 I. PLAN REVIEW ......... ..............................7 LIMITATIONS ................... ..............................7 APPENDICES APPENDIX A ............ VICINITY MAP SITE PLAN (SHOWING LOCATION OF TEST PITS) APPENDIX B ............ GRADING SPECIFICATIONS June 26, 1998 w.O. #P -1593 Page 2 INTRODUCTION This report presents the results of our preliminary geotechnical investigation. The purpose of this study is to evaluate the nature and characteristics of the earth materials underlying the property and their influence on the proposed condominiums. SITE CONDITIONS The property is located on the east side of Vulcan Avenue between East Jason Street and Sanford Street in Leucadia, California. The Property slopes gently upward from Vulcan Avenue to the east at an average rate of approximately 5% then becomes level before gently descending to the east property line. Existing structures at the top of the hill will be demolished prior grading. The properties to the north and south are developed. Vegetation on the property consists of grasses and gardens. PROPOSED DEVELOPMENT Plans for the project will be provided and were not available to us at the time of our site investigation. we did however have a faxed copy of a reduced site plan delineating the location of the proposed structures. SITE INVESTIGATION Four backhoe trenches were excavated to a maximum depth of 10 feet. Earth materials encountered were visually classified and logged by logged by our field engineer June 26, 1998 W.O. #P -1593 Page 3 Bulk samples were obtained and transported to our laboratory for testing and analysis. LABORATORY TESTING Classification The field classification was verified through laboratory examination in accordance with the Unified Soil Classification System. The final classification is shown on the enclosed Logs. GEOTECHNICAL CONDITION The on site soils consist of tan to gray fine to medium grained silty sand with a relatively small amount of silt. The soil in the upper 2 feet loose and becomes moderately dense to dense below 2 feet. Exoansive Soil Detrimentally expansive soils were not encountered in our exploratory trenches and are not expected to be encountered during construction. The potential for expansion is in the very low range✓ Groundwater Groundwater was not encountered in our test trenches. Groundwater related problems are not anticipated during construction. Liauefaction June 26, 1998 W.O. #P -1593 Page 4 The soils on the site are not considered subject to seismically induced liquefaction due to such factors as soil density, sand particle size, and lack of groundwater. CONCLUSIONS AND RECOMMENDATIONS General The on site soils are suitable for the proposed project and for the support of the proposed structures, provided the recommendations in this report are implemented during the design and construction phase. Grading General Grading will consist of the removal and recompaction of approximately two feet of loose soil and create level building pads for the proposed structures. If a cut -fill transition line crosses any of the lots in the building area it may be necessary to over - excavate 3 feet in the cut section and re- compact to 90 % of the maximum density. The excavation and compaction should include the area 5 feet beyond the building line. See Grading Specifications, Appendix S Foundation Footings for the proposed condominiums should be a minimum of 15" wide and founded a minimum of 18" below grade. A 12- inch -by -12 -inch grade beam should be placed across each garage opening. Footings June 26, 1998 W.O. #P -1593 Page 5 founded a minimum of 18" below grade may be designed for a bearing value of 1500 psf. The bearing value indicated above is for the total of dead and applied live loads. This value may be increased by 33 percent for short durations of loading, including the effects of wind and seismic forces. Resistance to lateral load may be provided by friction acting at the base of foundations and passive earth pressure. A coefficient of friction of 0.3 should be used with dead -load forces. A passive earth pressure of 250 pounds per square foot, per foot of depth of fill penetrated to a maximum of 1500 pounds should be used in the design. Minimum steel reinforcement should consist of 4 - #4 bars, 2 placed 3" from the bottom of the footing and 2 placed 2" below the top of the footings, or as required by the structural engineer. Slabs on grade If slab on grade is planned it should be a minimum of 4.0 inches thick and reinforced in both directions with No. 3 bars, placed 18 inches on center. The slab should be underlain by a minimum 4 -inch sand blanket which incorporates a minimum 6.0 -mil Visqueen or equivalent moisture barrier in its center, for moisture sensitive floors. Utility trenches underlying the slab should be bedded in clean sand to at least one foot above the top of the conduit, then June 26, 1998 W.O. #P -1593 Page 6 backfilled with the on -site granular materials, compacted to a minimum of 90 percent of the laboratory maximum dry density. However, sufficiently compacting the backfill deposits may damage or break shallow utility lines. Therefore, minor settlement of the backfill in the trenches is anticipated in these shallow areas. To reduce the possibility of cracks occurring, the slab should be provided with additional reinforcement to bridge the trenches. Driveway The following recommendations are submitted as preliminary guidelines for pavement construction and are based on a non - expansive soils condition in the upper 12" of subgrade. Asphalt Concrete The driveway section should consist of 2.0 inches of asphalt over 4.0 inches of Class II base. The Class =I base and the upper 12 inches of the subgrade deposits should be compacted to a minimum of 95 percent of the laboratory maximum dry density. The upper 12" of subgrade should consist of non - expansive soil. Paved areas should be protected from moisture migrating under pavement. Drainage All roof water should be collected and conducted to a suitable location via non- erodible devices. Roof gutters are recommended. June 26, 1998 W.O. #P -1593 Page 7 Pad water should be directed away from foundations and around the residence to a suitable location. Pad water should not pond. Footing Inspections Structural footing excavations should be inspected by a representative of this firm prior to the placement of reinforcing steel. Plan Review A copy of the final building plans should be submitted to this office for review, prior to the initiation of construction. Additional recommendations may be necessary at that time. LIMITATIONS This report is presented with the provision that it is the responsibility of the owner or the owner's representative to bring the information and recommendations given herein to the attention of the project's architects and /or engineers so that they may be incorporated into the plans. If conditions encountered during construction appear to differ from those described in this report, our office should be notified so that we may consider whether or not modifications are needed. No responsibility for construction compliance with design concepts, specifications or recommendations given in this report is assumed June 26, 1998 W.O. #P -1593 Page 8 unless on -site review is performed during the course of construction. The conclusions and recommendations of this report apply as of the current date. In time, however, changes can occur on a property whether caused by acts of man or nature on this or adjoining properties. Additionally, changes in professional standards may be brought about by legislation or the expansion of knowledge. Consequently, the conclusions and recommendations of this report may be rendered wholly or partially invalid by events beyond our control. This report is therefore subject to review and should not be relied upon after the passage of three years. The professional judgments presented herein are founded partly on our assessment of the technical data gathered, partly on our understanding of the proposed construction and partly on our general experience in the geotechnical field. if you have any questions, please call us at (760) 753 -9940. This opportunity to be of service is greatly appreciated. Respectfully submitted, A.R. BARRY AND ASSOC?P.T �j� j pRGFES� /� A.R. Barry, P.E. G0011 ) Principal Engin r�z m Etp. 9/31102 � t � TECHN��Py �P t J' O 4 �OFCAI 1415 N. Vulcan Ave. Leucadia, California LOG OF EXPLORATORY TRENCHES TRENCH # DEPTH CLASSIFICATION TP-1 0 -6" SM 6 " -8' SM /SP June 26, 1998 W.O. #P -1593 Page 9 DESCRIPTION Top Soil, brown silty sand Reddish brown silty sand loose to medium dense, moist. Root zone extends to 3' Bottom of excavation 7 feet no groundwater. TP -2 0 -6" SM Top Soil, brown silty sand 6 " -7' SM /SP Reddish brown silty sand loose to medium dense, dry to 2.5' moist below 2.5'. Bottom of excavation 7 feet no groundwater. TP -3 0 -8" SM Top Soil, Brown silty sand, dry, loose 8 " -3' SM Brown silty sand, dry loose 3' -9 SM Gray sand below 4', moist, moderately dense. Bottom of excavation 9'no groundwater TP -4 0 -8" SM Top Soil,Brown silty sand, dry,loose 8 " -3' SM Brown silty sand, dry loose 3' -9 SM Gray sand below 4', moist, moderately dense. Bottom of excavation 8', no groundwater. 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LM. /h+IN .A .•.n �I_ I ia.•f �\ t[_:.a: Ms.1.: ill Lr. mwLl ltYea t W !i 10 tc 14.T S) 6.i aN INU lY +pbt�G wNiy.�J y "h•M Tawrvb ?;1tpf y\Y -�•T ^>•t�• luaV.up�•t. � ♦ � � 1 V / • TEST PIT LOCATION APPENDIX B RECOMMENDED GRADING SPECIFICATIONS GRADING INTENT The intent of these specifications is to establish procedures for clearing, compacting natural ground, preparing areas to be filled and placing and compacting fill soil to the lines and grades shown on the accepted plans. The recommendations contained in the preliminary geotechnical investigation report are a part of the recommended grading specifications and would supersede the provisions contained herein in case of conflict. INSPECTION AND TESTING A geotechnical engineer should be employed to observe and test the earthwork in accordance with these specifications. It will be necessary that the geotechnical engineer or his representative make adequate observations so that he may provide a memorandum that the work was or was not accomplished as specified. Deviations from these specifications will be permitted only upon written authorization from the geotechnical engineer. It should be the responsibility of the contractor to assist the geotechnical engineer and to keep him apprised of work schedules, changes and new information and data so that he may provide the memorandum to the owner and governmental agency as required. If in the opinion of the geotechnical engineer, substandard conditions such as questionable soil, poor moisture control, inadequate compaction, adverse weather, etc. are encountered, the contractor should stop construction until the conditions are remedied. Unless otherwise specified, fill material should be compacted by the contractor while near the optimum moisture content to a density that is no less than 90 percent of the maximum dry density determined in accordance with ASTM Test No. D1557 -78 or other density test methods that will yield equivalent results. CLEARING AND PREPARATION OF AREAS TO RECEIVE FILL All trees, brush, grass and other objectionable material should be collected, piled and burned or otherwise disposed of by the contractor so as to leave the areas that have been cleared with a neat and finished appearance, free from unsightly debris. APPENDIX B Page 2 All vegetable matter and objectionable material should be removed by the contractor from the surface upon which the fill is to be Placed, and any loose or porous soils should be removed or compacted to the depth determined by the geotechnical engineer. The surface should then be plowed or scarified to a minimum depth of 6 inches until the surface is free from uneven features that would tend to prevent uniform compaction by the equipment to be used. when the slope of the natural ground receiving fill exceeds 20 percent (5 horizontal to 1 vertical) , the original ground should be stepped or benched as shown on the attached plate. Benches should be cut to a firm, competent soil condition. The lower bench should be at least 10 feet wide and all other benches at least 6 feet wide, ground slopes flatter than 20 percent should be benched when considered necessary by the geotechnical engineer. FILL MATERIAL Materials for compacted soil should consist of any material imported or excavated from the cut areas that in the opinion of the geotechnical engineer is suitable for use in construction fills. The material should contain no rocks or hard lumps greater than 12 inches in size and should contain at least 40 percent of material smaller than 1/4 inch in size. (Materials greater than 6 inches in size should be placed by the contractor so that they are surrounded by compacted fines; no nesting of rocks will be permitted.) No material of a perishable, spongy or otherwise improper nature should be used in filling. Material placed within 36 inches of rough grade should be select material that contains no rocks or hard lumps greater than 6 inches in size and that swells less than 3 percent when compacted (as specified later herein for compacted fill) and soaked under an axial pressure of 150 psf. Potentially expansive soils may be used in fills below a depth of 36 inches and should be compacted at a moisture greater than the Optimum moisture content for the material. PLACING, SPREADING AND COMPACTING OF FILL Approved material should be placed in areas prepared to receive fill in layers not to exceed 6 inches in compacted thickness. Each layer should have a uniform moisture content in the range that will allow the compaction effort to be efficiently applied to achieve the specified degree of compaction to a minimum specified density with adequately sized equipment, either specifically designed for soil compaction or of proven reliability. Compaction should be continuous over the entire area and the equipment should make APPENDIX B Page 3 sufficient trips to ensure that the desired density has been obtained throughout the fill. When moisture content of the fill material is below that specified by the geotechnical engineer, water should be added by the contractor until the moisture content is as specified. When the moisture content of the fill material is above that specified by the geotechnical engineer, the fill material should be aerated by the contractor by blading, mixing or other satisfactory methods until the moisture content is as specified. The surface of fill slopes should be compacted and there should be no excess loose soil on the slopes. UNIFIED SOIL CLASSIFICATION Identifying Criteria Group Symbol Soil Description COARSE- GRAINED (more than 50 percent larger than #200 sieve) Gravel (more than 50 percent larger than #4 sieve but smaller than three inches) Non - plastic Sands (more than 50 percent smaller than #4 sieve) GW Gravel, well - graded gravel -sand mixture, little or no fines GP Gravel, poorly grad- ed gravel -sand mix- ture, little or no fines GM Gravel, silty, poor- ly graded, gravel - sand -silt mixtures GC Gravel, clayey, poorly graded, grav- el- sand -clay mixture SW Sand, well - graded, gravelly sands, little or no fines SP Sand, poorly graded, gravelly sands, little or no fines APPENDIX B Page 4 SM Sand, silty, poorly graded, sand -clay mixtures FINE - GRAINED (more than 50 percent but smaller than #200 sieve) Liquid limit less than 50 ML Silt, inorganic silt and fine sand, sandy silt or clayey -silt- sand mixtures with slight plasticity CL Clay, inorganic clay Of low to medium plasticity, gravelly clays, sandy clays, silty clays, lean clays Liquid limit greater than 50 OL Silt, inorganic, silts and organic silt -clays of low plasticity MH Silt, inorganic, silts micaceous or diatomaceous fine, sandy or silty soils elastic silts CH Clay, inorganic, clays of medium to high plasticity, fat clays OH Clay, organic, clays of medium to high plasticity HIGHLY ORGANIC SOILS PT Peat, other highly organic swamp soils A* APPENDIX B Page 5 INSPECTION Observation and compaction tests will be made by the geotechnical engineer during the filling and compacting operations so that he can state whether the fill was constructed in accordance with the specifications. The geotechnical engineer will make field density tests in accordance with ASTM Test No. D1557 -78. Density tests will be made in the compacted materials below the surface where the surface is disturbed. When these tests indicated that the density of any layer of fill or portion thereof is below the specified density, that particular layer or portion should be reworked until the specified density has been obtained. The location and frequency of the tests well be at the soil engineer's discretion. In general, the density tests will be made at an interval not exceeding 2 feet in vertical rise and /or 500 cubic yards of embankment. PROTECTION OF WORK During construction, the contractor should properly grade all excavated surfaces to provide positive drainage and prevent ponding of water. He should control surface water to avoid damage to adjoining properties or to finished work on the site. The contractor should take remedial measures to prevent erosion of freshly graded areas and until such time as permanent drainage and erosion control features have been installed. GEOTECHNICAL INVESTIGATION Proposed 14 -Unit Condominium Complex 1415 Vulcan Avenue Encinitas, California 1 .EC{' HETHERINGTON ENGINEERING, INC. OK P ~Sd6N R'rA6L- HETHERINGTON ENGINEERING, INC. SOIL & FOUNDATION ENGINEERING • ENGINEERING GEOLOGY • HYDROGEOLOGY October 15, 1999 Project No. 3459.1 Log No. 5063 Wagner Properties 1615 Neptune Avenue Encinitas, California 92024 Attention: Mr. Keith Wagner Subject: GEOTECHNICAL INVESTIGATION Proposed 14 -Unit Condominium Complex 1415 Vulcan Avenue Encinitas, California References: Attached Dear Mr. Wagner: In accordance with your request, we have performed a geotechnical investigation at the subject site. Our work was performed in September and October 1999. The purpose of our investigation was to evaluate soil and geologic conditions, and provide grading and foundation recommendations for the proposed 14 -unit condominium complex. With the above in mind, our scope of work included the following: • Research and review of available pertinent geologic literature, maps, and plans for the site and immediate vicinity (see References). • Subsurface exploration consisting of four manually excavated test pits to obtain soilibedrock samples and evaluate subsurface conditions. • Laboratory testing. • Engineering and geologic analyses. • Preparation of this report providing the results of our field and laboratory work, analyses, and our conclusions and recommendations. 5245 Avenida Encinas, Suite G • Carlsbad, CA 92008 -4369 • (760) 931 -1917 • Fax (760) 931 -0545 32242 Paseo Adelanto, Suite C • San Juan Capistrano, CA 92675 -3610 • (949) 487 -9060 • Fax (949) 487 -9116 GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 2 SITE DESCRIPTION The subject site consists of a pie- shaped, approximately 1/4-acre property, located at 1415 Vulcan Avenue, between Jason Street and Sanford Street, Encinitas, California (see Location Map, Figure 1). The site is also identified as Assessor's Parcel No. 254 - 053 -19. Topographically, the site is relatively level with elevations ranging from approximately 62 to 67 feet above mean sea level. The site is presently is covered by a light to moderate growth of grass, weeds and trees. Existing improvements consist of a single - family residence and several sheds. PROPOSED CONSTRU TC ION Proposed construction consists of a 14 -unit, two -story condominium complex with detached carports and asphalt concrete driveway and parking areas. We anticipate relatively light wood frame construction for structures founded on conventional continuous/spread footings with slab -on -grade ground floors. Grading will consist of cuts and fills of less than 5 feet. An approximately 3 feet high (maximum) cut slope is planned along the south property boundary. SUBSURFACE EXPLORATION Subsurface conditions were explored by manually excavating four test pits to depths of approximately 4 to 5 feet below existing site grades. The approximate locations of the test pits are indicated on the Plot Plan, Figure 2. The subsurface exploration was supervised by an engineer from this office, who performed in -place density tests (Sand Cone Method, ASTM: D 1556), visually classified the soils and obtained bulk samples for laboratory testing. The soils were visually classified according to the Unified Soil Classification System. Classifications are shown on the Test Pit Logs, Figures 3 and 4. LABORATORY TESTIN G Laboratory testing was performed on samples obtained during the subsurface exploration. Tests performed consisted of the following: • Moisture Content (ASTM: D 2216) • Expansion Index (ASTM: D 4829) Direct Shear (ASTM: D 3080) • Maximum Dry Density /Optimum Moisture Content (ASTM: D 1557 -91A) • Soluble Sulfate (EPA 9038) HETHERINGTON ENGINEERING, INC. TRYIf7"0S 1, A riiiv \. AYF Tj _' 13 S� �41 for \A.YllS, :1 i to {t ,A _ '• AAM7i IL a % MF SITE ,SY� IIIYMU STATE r t. txr/x; Hr A E N- {� i ff 1 N ADAPTED FROM. The Thomas Guide, San Diego County, 1998 Edition i SCALE: 1 " = 2000' (1 Grid Equals: 0.5 x 0.5 Miles; 2690 x 2640 Feet) LOCATION MAP 1415 Vulcan Avenue HETHERINGTON ENGINEERING, INC. Encinitas, California PROJECT NO. 3459.1 1 FIGURE NO. 1 GEOTECHNICAL CONSULTANTS GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 3 Results of the in -place density and moisture content determinations are presented on the Test Pit Logs, Figures 3 and 4. The remaining laboratory test results are presented on Figures 5 and 6. SOIL AND GEOLOGIC CONDITIONS Geoloeic Settin The subject site lies within a stretch of coastal hills that are contained within the coastal plain region of northern San Diego County, California. These coastal hills are characterized by numerous regressive marine terraces of Pleistocene age that have been established and deposited above wave -cut platforms of the underlying Eocene bedrock during glacio- eustatic changes in sea - level. The terraces typically extend from areas of higher elevation approximately one mile east of the site and descend generally west - southwest in a "stairstep" fashion down to the present day coastline. The subject property is situated on a portion of marine terrace referred to as the Nestor Terrace (Eisenberg, 1983), which generally comprises the immediate coastal strip along northern San Diego County. This area is contained within the west - central portion of the USGS Encinitas 7 -1/2 minute quadrangle. The proposed construction site is underlain by undocumented fill/colluvium and continental and marine terrace deposits. No evidence of bedding, faulting, or groundwater was observed in the test pits. Active or potentially active fault zones within the general site region include the offshore extension of the Rose Canyon, offshore Coronado Bank and Elsinore, which are located approximately 2 -' /z miles/5 kilometers southwest, 18 miles/35 kilometers southwest, and 26 miles/44 kilometers northeast from the site respectively. A brief description of the geologic units observed within the site follows 2. Geoloeic Units a. Fill/Colluvium - Undocumented fill/colluvium exists across the entire site. The fill/colluvium generally consists of damp to moist, loose, fine to medium sand on the order of 2 to 3 feet thick. b. Terrace Deposits - Pleistocene terrace deposits were encountered beneath the fill/colluvium in all of the test pits. The terrace deposits consist generally of moist, medium dense to dense, brown to red brown, silty fine to medium sand. HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 4 Groundwater No groundwater was observed in the test pits during our investigation. It should be noted, however, that fluctuations in the amount and level of groundwater may occur due to variations in rainfall, irrigation, and other factors, which may not have been evident at the time of our field investigation. SEISMICITY The site is within the seismically active southern California region. There are, however, no known active or potentially active faults located within or adjacent to the site. The nearest faults of significance are a series of generally northeast trending and steeply northwest dipping faults that have been mapped within the seacliff along the shoreline west of the site. Recent activity on these faults has not been established within the last 11,000 years, consequently they are not considered active. Active and potentially active fault zones within the general site region include the offshore extension of the Rose Canyon, offshore Coronado Bank. and the Elsinore, which are located approximately 2 -%: miles/5 kilometers southwest, 18 miles/35 kilometers southwest, and 26 miles /44 kilometers northeast from the site, respectively. Strong ground motion could also be expected from earthquakes occurring along the San Diego Trough, San Jacinto and San Andreas fault zones, which lie approximately 28 miles/45 kilometers southwest, 50 -' /z miles/81 kilometers northeast, and 65 miles/104 kilometers southwest ofthe site, respectively. Seismic risks on -site are limited to ground shaking during seismic events on active faults in the region. The following table lists the known active or potentially active faults, which would have the greatest impact on the site. Fault Maximum Probable Fault Type Slip Rate Earthquake mm/yr. Moment Map itude Rose Canyon (5 kilometers SW) 6.9 B 1.5 Coronado Bank 35 kilometers S 7.4 B 3 Elsinore (44 kilometers NE) 6.8 B 5 HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 5 SEISMIC EFFECTS 1. Ground Motion The most significant probable earthquake to effect the site would be a 6.9 magnitude earthquake along the Rose Canyon fault zone. Strong ground motion exceeding 25 seconds is possible. 2. Liquefaction Liquefaction is not considered a potential site hazard due to the dense underlying terrace deposits and lack of shallow ground water. 3. Landsliding Seismically induced landsliding is not considered a site hazard due to the relatively level nature of the site. 4. Tsunamis Due to the relatively high elevation of the site seismically generated ocean waves are not considered a site hazard. CONCLUSIONS AND RECOMMENDATIONS 1. General The proposed development is feasible from a geotechnical standpoint. Grading and foundation plans should take into account the appropriate geotechnical features of the site. 2. Slope Stability The proposed 3 feet high (maximum) cut slope along the south property boundary is considered to be grossly and surfrcial stable at a slope ratio of 2:1 (horizontal to vertical) or flatter. 3. Site Grading a. Clearing and Grubbing - Existing structures, vegetation and miscellaneous debris should be cleared and removed from the site. Holes resulting from the removal of buried obstructions, which extend below finished site grades, should be replaced with compacted fill. In the event that abandoned cesspools, septic tanks or storage tanks are discovered during the excavation HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 6 of the site, they should be removed and backfilled in accordance with local regulations. Existing utility lines to be abandoned should be removed and capped in accordance with the local requirements. b. Removal of Unsuitable Soils - All undocumented fill/colluvium and other unsuitable material that may be encountered during grading should be removed to dense terrace deposits over the entire area planned for structural improvements, including concrete flatwork. Removals should extend to at least 5 -feet beyond the limits of the planned improvements. Removals are anticipated to extend approximately 3 -feet below existing site grades. Final removal depths should be determined by the Geotechnical Engineer during site grading. c. Scarification - After the required removals have been made, all areas to receive fill should be scarified to a minimum depth of 6 to 8- inches, brought to near optimum moisture content, and compacted to at least 90 percent relative compaction (ASTM: D 1557 -91). d. Compacted Fill - Fill soils should be moisture conditioned to about optimum moisture content and compacted by mechanical means in uniform horizontal lifts of 6 to 8- inches in thickness. All fill should be compacted to a minimum relative compaction of 90 percent based upon ASTM: D 1557 -91. The on -site materials are suitable for use as compacted fill. Rock fragments over 6- inches in dimension and other perishable or unsuitable materials should be excluded from the fill. All grading and compaction should be observed and tested by the Geotechnical Engineer. e. Cut/Fill Transitions — In order to reduce the potential for differential settlement between cut and fill, should a cut/fill transition exist upon completion of grading, the cut portion of the building pad should be overexcavated to a depth of 3 feet below finished grade and replaced with compacted fill. 4. Foundation and Slab Recommendations The proposed structures may be supported on conventional continuous/spread footings bearing entirely in terrace deposits or compacted fill. Footings should spread extend to a minimum depth of 18- inches into terrace deposits or compacted fill. Footings located adjacent to utility trenches should extend below a 1:1 plane projected upward from the inside bottom corner of the trench. Continuous footings should be reinforced with a minimum of two #4 bars, one top and one bottom. Footings bearing as recommended may be designed for a dead plus live load bearing value of 2000 pounds per square foot. This value may be increased by one -third for HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 7 loads including wind or seismic forces. A lateral bearing value of 250 pounds per square foot per foot of depth and a coefficient of (fiction between foundation soil and concrete of 0.4 may be assumed. These values assume that footings will be poured neat against the foundation soils. Footing excavations should be observed by the Geotechnical Engineer prior to the placement of steel to ensure that they are founded in suitable bearing materials. Floor slabs should have a minimum thickness of 4- inches and should be reinforced with at least 43 bars spaced at 18- inches, center to center, in two directions, and supported on chairs so that the reinforcement is at mid- height in the slab. Floor slabs should be underlain by 4 inches of clean sand and a 6 -mil visqueen moisture barrier. The moisture barrier should be placed in the middle of the sand layer. Prior to placing concrete, the slab subgrade soils should be thoroughly moistened. 5. Retaining Walls Retaining walls free to rotate (cantilevered walls) should be designed for an active pressure of 30 pounds per cubic foot, equivalent fluid pressure, assuming level backfill consisting of the granular on -site soils. Walls restrained from movement at the top should be designed for an additional uniform soils pressure of 8xH pounds per square foot where H is the height of the wall in feet. Any additional surcharge pressure behind the wall should be added to these values. Retaining wall footings should be designed in accordance with the previous building foundation recommendations. Retaining walls should be provided with adequate drainage to prevent buildup of hydrostatic pressure and should be adequately waterproofed. 6. Trench and Retaining Wall Backfill All trench and retaining wall backfill should be compacted to at least 90 percent relative compaction and tested by the Geotechnical Engineer. 7. Site Drainage The following recommendations are intended to minimize the potential adverse effects of water on the structure and appurtenances. a. Consideration should be given to providing structures with roof gutters and downspouts. b. All site drainage should be directed away from structures. On -site soils are sandy in nature and are erodible if exposed to concentrated drainage. HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 8 C. No landscaping should be allowed against structures. Moisture accumulation or watering adjacent to foundations can result in deterioration of wood/stucco and may effect foundation performance. d. Irrigated areas should not be over - watered. Irrigation should be limited to that required to maintain the vegetation. Additionally, automatic systems must be seasonally adjusted to minimize over - saturation potential particularly in the winter (rainy) season. e. All yard and roof drains should be periodically checked to verify they are not blocked and flow properly. This may be accomplished either visually or, in the case of subsurface drains, placing a hose at the inlet and checking the outlet for flow. 8. Seismic Parameters The following seismic parameters for use in the design of structural elements are provided for the project: a) Ground Motions — The proposed structures should be designed and constructed to resist the effects of seismic ground motions as provided in Division IV- Earthquake Design of the 1997 Uniform Building Code. The basis for the design is dependent on and considers seismic zoning, site characteristics, occupancy, configuration, structural system and building height. b) Soil Profile Tvoe — In accordance with Section 1629.3.1, Table 16 -J and the underlying geologic conditions, a site Soil Profile of Type S, is considered appropriate for the subject property. c) Seismic Zone — In accordance with Section 1629.4.1 and Figure 16 -2, the subject site is situated within Seismic Zone 4. d) Seismic Zone Factor (zl — A seismic zone factor of 0.40 is assigned based on Table 16 -I. Since the site is within Seismic Zone 4, Section 1629.4.2 requires a seismic source type and near source factor. e) Near- Source Factor (N and N, — Based on the known active faults in the region and distance of the faults from the site, a Seismic Source Type of B per table 16 -U, and Near Source Factors of N. - 1.0 per Table 16 -S and N, = 1.2 per Table 16 -T are provided. f) Seismic Coefficients (C and C,) — Using the Soil Profile Type and Seismic Zone Factor along with Tables 16 -Q and 16 -R, the Seismic Coefficients C. - 0.40 (NJ and C, = 0.56 (N,) are provided, or C. = 0.40 and C, - 0.67. HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 9 9. Concrete Flatwork Concrete flatwork should be at least 4- inches thick and reinforced with No. 3 bars placed at 18- inches on center (two directions) and placed on chairs so that the reinforcement is in the center of the slab. Slab subgrade should be thoroughly moistened prior to placement of concrete. Contraction joints should be provided at 10 feet spacings (maximum). 10. Asphalt Concrete Pavement 3 U Asphalt concrete pavement should be designed based on R -value tests performed at the completion of site grading. For preliminary design purposes a pavement section 3 inches of asphalt concrete over 4 inches of Class 2 aggregate base is recommended. 11. Tyne Cement for Construction Based on the results of soluble sulfate tests, sulfate resistant concrete is not required for concrete in contact with the on -site soils. 12. Grading and Foundation Plan Review Grading and foundation plans should be reviewed by the Geotechnical Engineer to confirm conformance with the recommendations presented herein and to modify the recommendations as necessary. LIMITATIONS The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of our investigation and further assume the excavations to be representative of the subsurface conditions throughout the site. If different subsurface conditions from those encountered during our exploration are observed or appear to be present in excavations, the Geotechnical Engineer should be promptly notified for review and reconsideration of recommendations. HETHERINGTON ENGINEERING, INC. GEOTECHDIICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 10 This opportunity to be of service is sincerely appreciated. If you have any questions, please call our Carlsbad office. Very truly yours, HETHERINGTON ENGINEERING, INC. ✓' 1 a n Danny Cohen Civil ngineer 30 8 Civil Engineer 41937 Geotechnical Engineer 397 Geotechnical Engineer 2346 (expires 3/31/00) (expires 3/31/00) ,Q2 s!T NO. 431E Em. We Paul A. BdgWM Registered Geologist 3772 X, Certified Engineering Geologist 1 (expires 3/31/00) Attachments: Location Map Figure I Plot Plan Figure 2 Test Pits Logs Figures 3 and 4 Laboratory Test Data Figures 5 through 8 Distribution: Addressee (4) HETHERINGTON ENGINEERING, INC. 3, z= tv 'IV 0 1 2 it F"I 0 15 30 45 BO R BLOC{ S MAP 1'!76 LEGEND TP -4 APPROXIMATE LOCATION OF TEST PIT BACKHOE COMPANY:Mansolf Excavation BUCKET SIZE. Hand Pit DATE: 09/24/99 o ❑ in m M min J+ a w a H � ❑ ❑ - F D Z o o- E U - N U U o❑ Vl `" SOIL DESCRIPTION TEST PIT NO.TP -1 ELEVATION: 0.0 SM FILLJCOLLUVIUM: Light brown silty fine to medium sand dry, SM _ loose -- - -- -- -- - Light brown silty fine to medium sand, dry to slightly moist, loose to medium dense, porous, occasional rootlets and roots to 3116" diameter. 93 1.7 TERRACE DEPOSITS: Light brown silty fine to medium sand, medium dense to dense, damp _Tan to whitish grray_silty fine to medium sand; damp, dense _ _ _ 99 3.8 Mottled orange and tan silty medium sand with trace to some clay, damp to moist, dense to very dense 5.0 I Total depth: 5.0 feet No groundwater encountered No caving i 10.0 TEST PIT NO.TP -2 ELEVATION: t 0.0 SM FILUCOLLUVIUM: Light brown silty fine to medium sand dry, t SM loose - Light brown to brown silty fine to medium sand, slightly moist, loose to medium dense, porous, rootlets and roots to 118" diameter. TERRACE DEPOSITS: Tan to whitish gray silty fine to medium sand, slightly moist, medium dense Li ht ellow to tan sil medium sand, dam , dense to very dense 5.0 Total depth: 5 feet No water i No caving 10.0 LOG OF TEST PITS 1415 Vulcan Avenue HETHERINGTON ENGINEERING, INc. Encinitas, California PROJECT NO 3459.1 1 FIGURE NO. 3 GEOTECHNICAL CONSULTANTS BACKHOE COMPANY:Mansolf Excavation BUCKET SIZE: Hand Pit DATE: 09/24/99 m N W I N SOIL DESCRIPTION F W F F .-11 ., w .-. D Z F W U U 0 rW ' w o o o o t TEST PIT NO.TP -3 ELEVATION: D M w i F 0 0- ' y U • y" 0.0 SM FILUCOLLUVIUM: Gray brown silty sand with some clay, slightly moist, loose, rootlets _ _ _ _ _ _ _ _ SM — _ _ _ _ _ _ Light brown silty fine to medium sand, slightly moist, dense, occasional roots to 1/4" diameter 18 ": Buried chunk of grass and roots in test pit wall TERRACE DEPOSITS: Light brown to yellow and orange brown 108 2.1 _ silty fine to medium sand, slightly moist, dense, apparent structurelporosity _ _ _ _ _ _ _ _ Orange to yellow brown silty medium sand with a trace of clay, damp, very dense to refusal Total depth: 4 feet No water 5. No caving 10.0 TEST PIT NO.TP -4 ELEVATION: *_ 0.0 SM FILUCOLLUVIUM: Brown to light brown silty fine to medium sand, loose to medium dense, slightly moist, rootlets and j occasional roots to 3" diameter, some buried topsoil /grass chunks I TERRACE DEPOSITS: Light brown silty fine to medium sand, slightly moist, medium dense to dense, some rootlets Orange to yellow brown silty medium sand, damp, very dense, apparent structure/porosity 5.0 Total depth: 5 feet No water No caving 10.0 _ LOG OF TEST PITS 1415 Vulcan Avenue HETHERINGTON ENGINEERING, INC. Encinitas, Califomia PROJECT NO. 3459.1 FIGURE NO. 5 GEOTECHNICAL CONSULTANTS EXPANSION (ASTM: D 4829) Sample Location Cohesion Compacted (Psf) Friction ( °) Remarks Initial Dry Density Final Volu- Sample Moisture (pcf) Moisture metric Expansion Expansion Location ( %) saturated, drained (%) Swell Index Potential TP -1 @ 1' 7.8 116 14.0 0 0 Very low TP -2 @1' 8.6 112 12.9 0 0 Very low TP -3 @1' 7.9 118 123 0 0 Very low TP -4 @1' 9.4 108 17.7 0 0 Very low DIRECT SHEAR (ASTM: D 3080) Sample Location Cohesion Angle of Internal (Psf) Friction ( °) Remarks TP -1 @1 25 34 Remolded to 90% R.C., consolidated, saturated, drained TP -3 @1' 75 35 Remolded to 90% R.C. consolidated, saturated, drained Figure 5 Log No. 5063 Figure 6 Log No. 5063 SUMMARY OF MAXIMUM DRY DENSITY/ SULFATE TEST RESULTS (EPA 9038) Sample Location OPTIMUM MOISTURE CONTENT DETERMINATIONS Soluble Sulfate in Soil TP -1 (ASTM: D 1557 -91A) Sample Description Maximum Dry Optimum Location TP -3 Density (pco Moisture Negligible TP -4 P, 1 -2' Content ( %) TP -1 @1' Light brown silty sand 122.0 12.0 TP -3 @1' Light brown silty sand 125.0 8.0 Figure 6 Log No. 5063 SULFATE TEST RESULTS (EPA 9038) Sample Location Soluble Sulfate in Soil TP -1 0 -1' 0.053 TT-2 P 1 -2' 0.020 TP -3 0 -1' Negligible TP -4 P, 1 -2' 0.020 TP -4 4.5 — 5' 0.009 Figure 6 Log No. 5063 BRIAN POLLEY LAND SURVEYING, INC. Licensed Land Surveyor No., 4670 LAND SURVEYOR & CIVIL ENGINEERS 656 METCALF STREET, ESCONDIDO, CALIFORNIA 92025 TELEPHONE: (760) 745 -3805 FACSIMILE: (760) 745 -3792 CITY OF ENCINITAS CONSTRUCTION BOND ESTIMATE 7120/01 FOR C PADINC; r)RAINA(]F r......... v w ra. w uvv.. � U.' 0V14U 4VO I J UINLT /iINU IJ rUN I HE 5ULt Ust OF I HE CITY OF ENCINITAS IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRUCTION OR YM €RI---, PURPOSES. Q,OrESS /0 l THIS ESTIMATE IS BASED ON THE CITY OF ENCINITAS UNIT PRICE LIST FOR SUBDIVISIONS AND PERMIT BONDS DATED MAY 1, 1999. BY: (Z RICHARD E. BERG R.C.E. 41,782 EXPIRES 3- 31 -04� DATE: 7- Z D- O I P� O c. Bic ") V G r!I w 41782 oc EXP. -31 -0 o da i OF Clxv LAND PLANNING & SURVEYING • PROPERTY DEVELOPMENT ENGINEERING • CONSTRUCTION STAKING DESCRIPTION QTY. V UNIT UNIT PRICE COST PUBLIC IMPROVEMENT BOND 6" PCC CURB & GUTTER 46 LF 13.75 633 4" PCC SIDEWALK 378 SF 3.65 1,380 CURB OUTLET PER D -25 2 EA 2,240.00 4,480 4" A.C. PAVING 1,450 SF 1.65 2,393 6" BASE 1,450 SF 0.90 1,305 PREPARATION OF SUBGRADE 1,450 SF 0.40 580 SAWCUT 140 LF 3.00 420 PCC DRIVEWAY 120 SF 3.95 474 FIRE HYDRANT 1 EA 2,000.00 2,000 4" WATER VALVE 1 EA 525.00 525 4" WATER LINE 28 LF 28.00 784 6" SEWER LINE 35 LF 55.00 1,925 SEWER MANHOLE 1 EA 4,000.00 4,000 TRENCH RE- SURFACING 82 SF 2.00 164 TOTAL PUBLIC IMPROVEMENTS 21,062 10 %CONTIGENCY 2,106 REQUIRED PUBLIC IMPROVEMENT BOND $ 23,168 GRADING AND DRAINAGE BOND PRIVATE 3" PVC STORM DRAIN 30 LF 37.00 1,110 PRIVATE 6" PVC STORM DRAIN 370 LF 37.00 13,690 PRIVATE 8" PVC STORM DRAIN 220 LF 37.00 8,140 12X12 BROOKS BOX 6 EA 300.00 1,800 PCC RIBBON GUTTER 270 LF 15.00 4,050 TYPE C -3 CMU RETAINING WALL 1,050 SF 28.00 29,400 EXCAVATION 1,050 CY 4.10 4,305 SANDBAGS 200 EA 2.00 400 TOTAL GRADING & DRAINAGE 62,895 10% CONTIGENCY 6,290 REQUIRED GRADING AND DRAINAGE BOND $ 69,185 GRAND TOTAL ALL BONDSI $ 92,352 v w ra. w uvv.. � U.' 0V14U 4VO I J UINLT /iINU IJ rUN I HE 5ULt Ust OF I HE CITY OF ENCINITAS IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRUCTION OR YM €RI---, PURPOSES. Q,OrESS /0 l THIS ESTIMATE IS BASED ON THE CITY OF ENCINITAS UNIT PRICE LIST FOR SUBDIVISIONS AND PERMIT BONDS DATED MAY 1, 1999. BY: (Z RICHARD E. BERG R.C.E. 41,782 EXPIRES 3- 31 -04� DATE: 7- Z D- O I P� O c. Bic ") V G r!I w 41782 oc EXP. -31 -0 o da i OF Clxv LAND PLANNING & SURVEYING • PROPERTY DEVELOPMENT ENGINEERING • CONSTRUCTION STAKING BRIAN POLLEY LAND SURVEYING, INC. Licensed Land Surveyor No., 4670 LAND SURVEYOR & CIVIL ENGINEERS 656 METCALF STREET, ESCONDIDO, CALIFORNIA 92025 TELEPHONE: (760) 745 -3805 FACSIMILE: (760) 745-3792 LEUCADIA COUNTY WATER DISTRICT IMPROVEMENTS WITHIN THE PUBLIC R/W 7/20/01 T M 9A.i A9 iA95 VIII CAW AVFWI IF i nio io AN w i uvlrk i t ur nuNu uus I S uNLY ANU IS FOR I HE SOLE USE OF THE LEUCADIA COUNTY WATER DISTICT IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRUCTION OR PAYMENT PURPOSES. BY: �• DATE: % RICHARD E. BERG R.C.E. 41,782 EXPIRES 3 -31 -04 moo',% ; ESS /O,v 040 Q F; u 41782 °C EXP. 3-I(-O4- , 'D V h' * , ��.c..l —Yoh Of C LAND PLANNING & SURVEYING - PROPERTY DEVELOPMENT ENGINEERING - CONSTRUCTION STAKING DESCRIPTION QTY. UNIT UNIT PRICE COST PUBLIC IMPROVEMENT BOND 6" SEWER LINE 35 LF 1 55.00 1,925 SEWER MANHOLE 1 EA 1 4,000.00 4,000 TOTAL PUBLIC IMPROVEMENTS 5,925 15% CONTIGENCY 889 REQUIRED PUBLIC IMPROVEMENT BOND $ 6,814 i nio io AN w i uvlrk i t ur nuNu uus I S uNLY ANU IS FOR I HE SOLE USE OF THE LEUCADIA COUNTY WATER DISTICT IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRUCTION OR PAYMENT PURPOSES. BY: �• DATE: % RICHARD E. BERG R.C.E. 41,782 EXPIRES 3 -31 -04 moo',% ; ESS /O,v 040 Q F; u 41782 °C EXP. 3-I(-O4- , 'D V h' * , ��.c..l —Yoh Of C LAND PLANNING & SURVEYING - PROPERTY DEVELOPMENT ENGINEERING - CONSTRUCTION STAKING BRIAN POLLEY LAND SURVEYING, INC. Licensed Land Surveyor No., 4670 LAND SURVEYOR & CIVIL ENGINEERS 656 METCALF STREET, ESCONDIDO, CALIFORNIA 25 TELEPHONE: (760) 745 -3805 FACSIMILE: (760) 745 -3792 111( An 2 2001 i CITY OF ENCINITAS CONSTRUCTION BOND ESTIMATE 125/01 FOR FOR GRADING, DRAINAGE, IMPROVEMENTS WITHIN THE PUBLIC WIN EN�II7YpRIENCINRT�_ iI T.M. 98-189,1415 VULCAN AVENUE THIS IS AN ESTIMATE OF BOND COSTS ONLY AND IS FOR THE SOLE USE OF THE CITY OF ENCINITAS IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRUCTION OR PAYMENT PURPOSES. THIS MAS BA'W ON THE CITY OF ENCINITAS UNIT PRICE LIST FOR ESTIMATING '��S$�QN� SUBD 1 O ND MIT BONDS DATED MAY 1, 1999. OIq q( ¢ 0 IF DATE: I " Z C- C) i (RICHARD E. BERG R.C.E. 41,782 i EXPIRES 3 -31 -04 & SURVEYING ' PROPERTY DEVELOPMENT ENGINEERING C) c w � 41782 r=, oc EXP.3 0 DESCRIPTION QTY. UNIT 011iflrPRICE COST PUBLIC IMPROVEMENT BOND 6" PCC CURB & GUTTER 46 LF 13.75 633 4" PCC SIDEWALK 378 SF 3.65 1,380 CURB OUTLET PER D -25 2 EA 2,240.00 4,480 4" A.C. PAVING 1,450 SF 1.65 2,393 6" BASE 1,450 SF 0.90 1,305 PREPARATION OF SUBGRADE 1,450 SF 0.40 580 SAWCUT 140 LF 3.00 420 PCC DRIVEWAY 120 SF 3.95 474 FIRE HYDRANT 1 EA 2,000.00 2,000 4" WATER VALVE 1 EA 525.00 525 4" WATER LINE 28 LF 28.00 784 6" SEWER LINE 35 LF 47.00 1,645 TRENCH RE- SURFACING 82 SF 2.00 164 TOTAL PUBLIC IMPROVEMENTS 16,782 10 %CONTIGENCY 1,678 REQUIRED PUBLIC IMPROVEMENT BOND $ 18,460 GRADING AND DRAINAGE BOND PRIVATE 3" PVC STORM DRAIN 30 LF 37.00 1,110 PRIVATE 6" PVC STORM DRAIN 370 LF 37.00 13,690 PRIVATE 8" PVC STORM DRAIN 220 LF 37.00 8,140 12X12 BROOKS BOX 6 EA 300.00 1,800 PCC RIBBON GUTTER 270 LF 15.00 4,050 TYPE C -3 CMU RETAINING WALL 1,050 SF 28.00 29,400 EXCAVATION 1,050 CY 4.10 4,305 SANDBAGS 200 EA 1 2.00 400 TOTAL GRADING & DRAINAGE 62,895 10% CONTIGENCY 6,290 REQUIRED GRADING AND DRAINAGE BOND $ 69,185 GRAND TOTAL ALL BONDS $ 87,644 THIS IS AN ESTIMATE OF BOND COSTS ONLY AND IS FOR THE SOLE USE OF THE CITY OF ENCINITAS IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRUCTION OR PAYMENT PURPOSES. THIS MAS BA'W ON THE CITY OF ENCINITAS UNIT PRICE LIST FOR ESTIMATING '��S$�QN� SUBD 1 O ND MIT BONDS DATED MAY 1, 1999. OIq q( ¢ 0 IF DATE: I " Z C- C) i (RICHARD E. BERG R.C.E. 41,782 i EXPIRES 3 -31 -04 & SURVEYING ' PROPERTY DEVELOPMENT ENGINEERING C) c w � 41782 r=, oc EXP.3 0 d� �Aq GEOTECHNICAL INVESTIGATION Proposed 14 -Unit Condominium Complex 1415 Vulcan Avenue Encinitas, California HETHERINGTON ENGINEERING, INC. HETHERINGTON ENGINEERING, INC. SOIL & FOUNDATION ENGINEERING • ENGINEERING GEOLOGY • HYDROGEOLOGY October 15, 1999 Project No. 3459.1 Log No. 5063 Wagner Properties 1615 Neptune Avenue Encinitas, California 92024 Attention: Mr. Keith Wagner Subject: GEOTECHNICAL INVESTIGATION Proposed 14 -Unit Condominium Complex 1415 Vulcan Avenue Encinitas, California References: Attached Dear Mr. Wagner: In accordance with your request, we have performed a geotechnical investigation at the subject site. Our work was performed in September and October 1999. The purpose of our investigation was to evaluate soil and geologic conditions, and provide grading and foundation recommendations for the proposed 14 -unit condominium complex. With the above in mind, our scope of work included the following: • Research and review of available pertinent geologic literature, maps, and plans for the site and immediate vicinity (see References). • Subsurface exploration consisting of four manually excavated test pits to obtain soil/bedrock samples and evaluate subsurface conditions. • Laboratory testing. • Engineering and geologic analyses. • Preparation of this report providing the results of our field and laboratory work, analyses, and our conclusions and recommendations. 5245 Avenida Encinas, Suite G • Carlsbad, CA 92008 -4369 • (760) 931 -1917 • Fax (760) 931 -0545 32242 Paseo Adelanto, Suite C • San Juan Capistrano, CA 92675 -3610 • (949) 487 -9060 • Fax (949) 487 -9116 GEOTECHNICAL INV. aTIGATION Project No. 3459.1 October 15, 1999 Page 2 SITE DESCRIPTION The subject site consists of a pie- shaped, approximately '/4 -acre property, located at 1415 Vulcan Avenue, between Jason Street and Sanford Street, Encinitas, California (see Location Map, Figure 1). The site is also identified as Assessor's Parcel No. 254- 053 -19. Topographically, the site is relatively level with elevations ranging from approximately 62 to 67 feet above mean sea level. The site is presently is covered by a light to moderate growth of grass, weeds and trees. Existing improvements consist of a single- family residence and several sheds. PROPOSED CONSTRUCTION Proposed construction consists of a 14 -unit, two -story condominium complex with detached carports and asphalt concrete driveway and parking areas. We anticipate relatively light wood frame construction for structures founded on conventional continuous/spread footings with slab -on -grade ground floors. Grading will consist of cuts and fills of less than 5 feet. An approximately 3 feet high (maximum) cut slope is planned along the south property boundary. SUBSURFACE EXPLORATION Subsurface conditions were explored by manually excavating four test pits to depths of approximately 4 to 5 feet below existing site grades. The approximate locations of the test pits are indicated on the Plot Plan, Figure 2. The subsurface exploration was supervised by an engineer from this office, who performed in -place density tests (Sand Cone Method, ASTM: D 1556), visually classified the soils and obtained bulk samples for laboratory testing. The soils were visually classified according to the Unified Soil Classification System. Classifications are shown on the Test Pit Logs, Figures 3 and 4. LABORATORY TESTING Laboratory testing was performed on samples obtained during the subsurface exploration. Tests performed consisted of the following: • Moisture Content (ASTM: D 2216) Expansion Index (ASTM: D 4829) Direct Shear (ASTM: D 3080) • Maximum Dry Density /Optimum Moisture Content (ASTM: D 1557 -91A) • Soluble Sulfate (EPA 9038) HETHERINGTON ENGINEERING, INC. Z "•,� �P i AY E ... . ,� AV • i SITE C w • 4 �,. UITTA/rr �Bl DD W-Z .. � IFS x :: {•4'.A 1 WON- ST N ADAPTED FROM The Thomas Guide, San Diego County, 1998 Edition i SCALE: 1" = 2000' (1 Grid Equals: 0.5 x 0.5 Miles. 2640 x 2640 Feet) LOCATION MAP HETHERINGTON ENGINEERING, INC. 1415 Vulcan Avenue Encinitas, California PROJECT NO. 3459.1 1 FIGURE NO 1 GEOTECHNICAL CONSULTANTS GEOTECEMCAL INVtSTIGATION Project No. 3459.1 October 15, 1999 Page 3 Results of the in -place density and moisture content determinations are presented on the Test Pit Logs, Figures 3 and 4. The remaining laboratory test results are presented on Figures 5 and 6. SOIL AND GEOLOGIC CONDITIONS Geologic Setting The subject site lies within a stretch of coastal hills that are contained within the coastal plain region of northern San Diego County, California. These coastal hills are characterized by numerous regressive marine ten-aces of Pleistocene age that have been established and deposited above wave -cut platforms of the underlying Eocene bedrock during glacio- eustatic changes in sea - level. The terraces typically extend from areas of higher elevation approximately one mile east of the site and descend generally west - southwest in a "stairstep" fashion down to the present day coastline. The subject property is situated on a portion of marine ten-ace referred to as the Nestor Terrace (Eisenberg, 1983), which generally comprises the immediate coastal strip along northern San Diego County. This area is contained within the west - central portion of the USGS Encinitas 7 -1/2 minute quadrangle. The proposed construction site is underlain by undocumented fill/colluvium and continental and marine terrace deposits. No evidence of bedding, faulting, or groundwater was observed in the test pits. Active or potentially active fault zones within the general site region include the offshore extension of the Rose Canyon, offshore Coronado Bank and Elsinore, which are located approximately 2 -'/2 miles/5 kilometers southwest, 18 miles/35 kilometers southwest, and 26 miles/44 kilometers northeast from the site respectively. A brief description of the geologic units observed within the site follows. 2. Geologic Units a. Fill/Colluvium - Undocumented fill/colluvium exists across the entire site. The fill/colluvium generally consists of damp to moist, loose, fine to medium sand on the order of 2 to 3 feet thick. b. Terrace Deoosits - Pleistocene terrace deposits were encountered beneath the fill/colluvium in all of the test pits. The terrace deposits consist generally of moist, medium dense to dense, brown to red brown, silty fine to medium sand. HETHERINGTON ENGINEERING, INC. GEOTECIINICAL MESTIGATION Project No. 3459.1 October 15, 1999 Page 4 Groundwater No groundwater was observed in the test pits during our investigation. It should be noted, however, that fluctuations in the amount and level of groundwater may occur due to variations in rainfall, irrigation, and other factors, which may not have been evident at the time of our field investigation. SEISMICITY The site is within the seismically active southern California region. There are, however, no known active or potentially active faults located within or adjacent to the site. The nearest faults of significance are a series of generally northeast trending and steeply northwest dipping faults that have been mapped within the seacliff along the shoreline west of the site. Recent activity on these faults has not been established within the last 11,000 years, consequently they are not considered active. Active and potentially active fault zones within the general site region include the offshore extension of the Rose Canyon, offshore Coronado Bank, and the Elsinore, which are located approximately 2 -% miles/5 kilometers southwest, 18 miles/35 kilometers southwest, and 26 miles/44 kilometers northeast from the site, respectively. Strong ground motion could also be expected from earthquakes occurring along the San Diego Trough, San Jacinto and San Andreas fault zones, which lie approximately 28 miles/45 kilometers southwest, 50 -%: miles/81 kilometers northeast, and 65 miles/104 kilometers southwest of the site, respectively. Seismic risks on -site are limited to ground shaking during seismic events on active faults in the region. The following table lists the known active or potentially active faults, which would have the greatest impact on the site. Fault Maximum Probable Fault Type Slip Rate Earthouake mm/yr. Moment Ma itude Rose Canyon (5 kilometers SW) 6.9 B 1.5 Coronado Bank 35 kilometers S 7.4 B 3 Elsinore (44 kilometers NE) 6.8 B 5 HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 5 SEISMIC EFFECTS 1. Ground Motion The most significant probable earthquake to effect the site would be a 6.9 magnitude earthquake along the Rose Canyon fault zone. Strong ground motion exceeding 25 seconds is possible. 2. Liquefaction Liquefaction is not considered a potential site hazard due to the dense underlying terrace deposits and lack of shallow ground water. 3. Landslidine Seismically induced landsliding is not considered a site hazard due to the relatively level nature of the site. 4. Tsunamis Due to the relatively high elevation of the site seismically generated ocean waves are not considered a site hazard. CONCLUSIONS AND RECOMMENDATIONS 1. General The proposed development is feasible from a geotechnical standpoint. Grading and foundation plans should take into account the appropriate geotechnical features of the site. 2. Slope Stability The proposed 3 feet high (maximum) cut slope along the south property boundary is considered to be grossly and surficial stable at a slope ratio of 2:1 (horizontal to vertical) or flatter. 3. Site Gradine a. Clearing and Grubbine - Existing structures, vegetation and miscellaneous debris should be cleared and removed from the site. Holes resulting from the removal of buried obstructions, which extend below finished site grades, should be replaced with compacted fill. In the event that abandoned cesspools, septic tanks or storage tanks are discovered during the excavation HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 6 of the site, they should be removed and backfilled in accordance with local regulations. Existing utility lines to be abandoned should be removed and capped in accordance with the local requirements. b. Removal of Unsuitable Soils - All undocumented fill/colluvium and other unsuitable material that may be encountered during grading should be removed to dense terrace deposits over the entire area planned for structural improvements, including concrete flatwork. Removals should extend to at least 5 -feet beyond the limits of the planned improvements. Removals are anticipated to extend approximately 3 -feet below existing site grades. Final removal depths should be determined by the Geotechnical Engineer during site grading. C. Scarification - After the required removals have been made, all areas to receive fill should be scarified to a minimum depth of 6 to 8- inches, brought to near optimum moisture content, and compacted to at least 90 percent relative compaction (ASTM: D 1557 -91). d. Compacted Fill - Fill soils should be moisture conditioned to about optimum moisture content and compacted by mechanical means in uniform horizontal lifts of 6 to 8- inches in thickness. All fill should be compacted to a minimum relative compaction of 90 percent based upon ASTM: D 1557 -91. The on -site materials are suitable for use as compacted fill. Rock fragments over 6- inches in dimension and other perishable or unsuitable materials should be excluded from the fill. All grading and compaction should be observed and tested by the Geotechnical Engineer. e. Cut/Fill Transitions — In order to reduce the potential for differential settlement between cut and fill, should a cut/fill transition exist upon completion of grading, the cut portion of the building pad should be overexcavated to a depth of 3 feet below finished grade and replaced with compacted fill. 4. Foundation and Slab Recommendations The proposed structures may be supported on conventional continuous/spread footings bearing entirely in terrace deposits or compacted fill. Footings should spread extend to a minimum depth of 18- inches into terrace deposits or compacted fill. Footings located adjacent to utility trenches should extend below a 1:1 plane projected upward from the inside bottom comer of the trench. Continuous footings should be reinforced with a minimum of two 44 bars, one top and one bottom. Footings bearing as recommended may be designed for a dead plus live load bearing value of 2000 pounds per square foot. This value may be increased by one -third for HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 7 loads including wind or seismic forces. A lateral bearing value of 250 pounds per square foot per foot of depth and a coefficient of friction between foundation soil and concrete of 0.4 may be assumed. These values assume that footings will be poured neat against the foundation soils. Footing excavations should be observed by the Geotechnical Engineer prior to the placement of steel to ensure that they are founded in suitable bearing materials. Floor slabs should have a minimum thickness of 4- inches and should be reinforced with at least #3 bars spaced at 18- inches, center to center, in two directions, and supported on chairs so that the reinforcement is at mid - height in the slab. Floor slabs should be underlain by 4 inches of clean sand and a 6 -mil visqueen moisture barrier. The moisture barrier should be placed in the middle of the sand layer. Prior to placing concrete, the slab subgrade soils should be thoroughly moistened. 5. Retaining_ Walls Retaining walls free to rotate (cantilevered walls) should be designed for an active pressure of 30 pounds per cubic foot, equivalent fluid pressure, assuming level backtll consisting of the granular on -site soils. Walls restrained from movement at the top should be designed for an additional uniform soils pressure of 8xH pounds per square foot where H is the height of the wall in feet. Any additional surcharge pressure behind the wall should be added to these values. Retaining wall footings should be designed in accordance with the previous building foundation recommendations. Retaining walls should be provided with adequate drainage to prevent buildup of hydrostatic pressure and should be adequately waterproofed. 6. Trench and Retaining Wall Backfill All trench and retaining wall backfill should be compacted to at least 90 percent relative compaction and tested by the Geotechnical Engineer. 7. Site Drainage The following recommendations are intended to minimize the potential adverse effects of water on the structure and appurtenances. a. Consideration should be given to providing structures with roof gutters and downspouts. b. All site drainage should be directed away from structures. On -site soils are sandy in nature and are erodible if exposed to concentrated drainage. HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 8 c. No landscaping should be allowed against structures. Moisture accumulation or watering adjacent to foundations can result in deterioration of wood/stucco and may effect foundation performance. d. Irrigated areas should not be over - watered. Irrigation should be limited to that required to maintain the vegetation. Additionally, automatic systems must be seasonally adjusted to minimize over - saturation potential particularly in the winter (rainy) season. e. All yard and roof drains should be periodically checked to verify they are not blocked and flow properly. This may be accomplished either visually or, in the case of subsurface drains, placing a hose at the inlet and checking the outlet for flow. 8. Seismic Parameters The following seismic parameters for use in the design of structural elements are provided for the project: a) Ground Motions — The proposed structures should be designed and constructed to resist the effects of seismic ground motions as provided in Division IV- Earthquake Design of the 1997 Uniform Building Code. The basis for the design is dependent on and considers seismic zoning, site characteristics, occupancy, configuration, structural system and building height. b) Soil Profile Typ e — In accordance with Section 1629.3.1, Table 16 -1 and the underlying geologic conditions, a site Soil Profile of Type Sc is considered appropriate for the subject property. c) Seismic Zone — In accordance with Section 1629.4.1 and Figure 16 -2, the subject site is situated within Seismic Zone 4. d) Seismic Zone Factor (zl — A seismic zone factor of 0.40 is assigned based on Table 16 -I. Since the site is within Seismic Zone 4, Section 1629.4.2 requires a seismic source type and near source factor. e) Near - Source Factor (N and N J — Based on the known active faults in the region and distance of the faults from the site, a Seismic Source Type of B per table 16 -U, and Near Source Factors of N. = 1.0 per Table 16 -S and N, - 1.2 per Table 16 -T are provided. f) Seismic Coefficients (C and Cpl — Using the Soil Profile Type and Seismic Zone Factor along with Tables 16 -Q and 16 -R, the Seismic Coefficients C. = 0.40 (NJ and C, = 0.56 (NJ are provided, or C. = 0.40 and C, = 0.67. HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 9 9. Concrete Flatwork Concrete flatwork should be at least 4- inches thick and reinforced with No. 3 bars placed at 18- inches on center (two directions) and placed on chairs so that the reinforcement is in the center of the slab. Slab subgrade should be thoroughly moistened prior to placement of concrete. Contraction joints should be provided at 10 feet spacings (maximum). 10. Asphalt Concrete Pavement Asphalt concrete pavement should be designed based on R -value tests performed at the completion of site grading. For preliminary design purposes a pavement section of 3 inches of asphalt concrete over 4 inches of Class 2 aggregate base is recommended. 11. Type Cement for Construction Based on the results of soluble sulfate tests, sulfate resistant concrete is not required for concrete in contact with the on -site soils. 12. Grading and Foundation Plan Review Grading and foundation plans should be reviewed by the Geotechnical Engineer to confirm conformance with the recommendations presented herein and to modify the recommendations as necessary. LIMITATIONS The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of our investigation and further assume the excavations to be representative of the subsurface conditions throughout the site. If different subsurface conditions from those encountered during our exploration are observed or appear to be present in excavations, the Geotechnical Engineer should be promptly notified for review and reconsideration of recommendations. HETHERINGTON ENGINEERING, INC. GEOTECHNICAL INVESTIGATION Project No. 3459.1 October 15, 1999 Page 10 This opportunity to be of service is sincerely appreciated. If you have any questions, please call our Carlsbad office. Very truly yours, HETHERINGTON ENGINEERING, INC. n Danny Cohen 4ngineer 8 Civil Engineer 41937 Geotechnical Engineer 397 Geotechnical Engineer 2346 (expires 3/31/00) (expires 3/31/00) QRO�s!S —wPM * - A 9ikO�Fwi�� ,�t � sEv F T Date w P uA� *6' % Registered Geologist 3772 ogfi' NIC Certified Engineering Geol I gUFORNtP (expires 3/31/00) Attachments: Location Map Figure 1 Plot Plan Figure 2 Test Pits Logs Figures 3 and 4 Laboratory Test Data Figures 5 through 8 Distribution: Addressee (4) HETHERINGTON ENGINEERING, INC. �EG 553 9TE OF' 1 VI W I ^1 � 1 1• 11 M666 1, �YN "N i� 0 1 2 0 15 30 45 80 99.44 fifiNK �eaitaii�a ._aee - - -aaa - ae�M +cr ^- c«Itix >{S -1LZ _ ;; i - Y�j��a,cx'.sea iaMSaaa�... aucwie ,\� !' \` � ZS � ` —25— �fa�caa t 1 - � ♦ ' !jr�, xv�,� '... y\ \ y J. 4 i 00{ ' W TP OKI L TP -1 LEGEND TP-4 —i� APPROXIMATE LOCATION OF TEST PIT AI BACKHOE COMPANY:Mansolf Excavation BUCKET SIZE: Hand Pit DATE: 09124/99 vi - m SOIL DESCRIPTION mF F z a - F w a� a°'znii rz u Wiz-• ..N W w o �d W �. a w 0. o o m o o TEST PIT NO.TP -1 ELEVATION: `• W W 0 F 1 G 0 •� S U 0.0 SM_ FILUCOLLUVIUM: Light brown silty fine to medium sand dry, SM loose - - - - - - - - Light brown silty fine to medium sand, dry to slightly moist, loose to medium dense, porous, occasional rootlets and roots to 3/16" diameter. 93 1.7 TERRACE DEPOSITS: Light brown silty fine to medium sand, medium dense to dense, damp Tan to whitish grraysilty, fine to medium sand; damp, dense 99 3.8 Mottled orange and tan silty medium sand with trace to some clay, damp to moist, dense to very dense 5' Total depth: 5.0 feet No groundwater encountered No caving 10.0 TEST PIT NO. TP -2 ELEVATION: t 0.0 SM FILL/COLLUVIURit: Light brown silty fine to medium sand dry, loose SM _ _ silty fine to edium sand, slightly moist, loose Light brown to brown m to medium dense, porous, rootlets and roots to 1/8" diameter. TERRACE DEPOSITS: Tan to whitish gray silty fine to medium sand, slightly moist, medium dense Light yellow to tan silty medium sand, damp, dense to very dense 5 0 Total depth: 5 feet No water No caving I 10.0 LOG OF TEST PITS 1415 Vulcan Avenue HETHERINGTON ENGINEERING, INC. Encinitas, California PROJECT NO. 3459.1 FIGURE NO. 3 GEOTECHNICAL CONSULTANTS BACKHOE COMPANY.Mansolf Excavation BUCKET SIZE: Hand Pit DATE. 09124/99 F '4 SOIL DESCRIPTION F D Z U U F W z W n. o o m o o TEST PIT NO.TP -3 ELEVATION: t M Mic EF. C3 ❑ " $ U N ." 0.0 SM FILLICOLLUVIUM: Gray brown silty sand with some clay, slightly moist, loose, rootlets 5M - _ _ - _ _ -- - _ _ - - Light brown silty fine to medium sand, slightly moist, dense, occasional roots to 1/4" diameter 18": Buried chunk of grass and roots in test pit wall 108 2.1 _ _ TERRACE DEPOSITS: Light brown to yellow and orange brown silty fine to medium sand, slightly moist, dense, apparent structure /porosity _ _ - - Orange to yellow brown silty medium sand with a trace of clay, damp, very dense to refusal Total depth: 4 feet No water 5.0— No caving 10.0 — TEST PIT NO.TP -4 ELEVATION: 0.0 SM FILL COLLUVIUM: Brown to light brown silty fine to medium sand, loose to medium dense, slightly moist, rootlets and occasional roots to 3" diameter, some buried topsoil /grass chunks TERRACE DEPOSITS: Light brown silty fine to medium sand, slightly moist, medium dense to dense, some rootlets Orange to yellow brown silty medium sand, damp, very dense, apparent structure/porosity 5.0 Total depth: 5 feet No water No caving 10.0 LOG OF TEST PITS 1415 Vulcan Avenue HETHERINGTON ENGINEERING, INC. Encinitas, California I PROJECT NO 3459.1 FIGURE NO. 5 GEOTECHNICAL CONSULTANTS EXPANSION (ASTM: D 4829) Sample Location Cohesion Compacted (Psf) Friction ( °) Remarks Initial Dry Density Final Volu- Sample Moisture (pco Moisture metric Expansion Expansion Location ( %) saturated, drained (%) Swell Index Potential TP -1 @ P 7.8 116 14.0 0 0 Very low TP -2 @1' 8.6 112 12.9 0 0 Very low TP -3 @1' 7.9 118 12.3 0 0 Very low TP -4 @1' 9.4 108 17.7 0 0 Very low DIRECT SHEAR (ASTM: D 3080) Sample Location Cohesion Angle of Internal (Psf) Friction ( °) Remarks TP -1 @1' 25 34 Remolded to 90% RC., consolidated, saturated, drained 75 35 Remolded to 90% R.C. consolidated, saturated, drained Figure 5 Log No. 5063 SULFATE TEST RESULTS (EPA 9038) SUMMARY OF MAXIMUM DRY DENSITY/ Soluble Sulfate in Soil 0'o) TP -1 0 -1' OPTIMUM MOISTURE CONTENT DETERMINATIONS TP -2 1 -2' 0.020 (ASTM: D 1557 -91A) Negligible Sample Description Maximum Dry Optimum Location Density (pco Moisture Content ( %} TP -1 @1' Light brown silty sand 122.0 12.0 TP -3 @1' Light brown silty sand 125.0 8.0 SULFATE TEST RESULTS (EPA 9038) Sam le Location Soluble Sulfate in Soil 0'o) TP -1 0 -1' 0.053 TP -2 1 -2' 0.020 TP -3 0 -1' Negligible T?-4 , 1 -2' 0.020 TP -4 a)4.5 — 5' 0.009 Figure 6 Log Nu. 5063 BRIASOLLEY LAND SURVEYIG, INC. Licensed Land Surveyor No., 4670 LAND SURVEYOR & CIVIL ENGINEERS 656 METCALF STREET, ESCONDIDO, CALIFORNIA 92026f TELEPHONE: (760) 745 -3805 I (� tr�f� �✓ t FACSIMILE: (760) 745-3792 L CITY OF FOR GRADING, ENCINITAS DRAINAGE, IMPROVEMENTS WITHIN ESTIMATE THE PUBLIC R/W ENGINEERI Eµ� hi 10/4/99 T.M. 98-189,1415 VULCAN AVENUE CITY OF THIS IS AN ESTIMATE OF BOND COSTS ONLY AND IS FOR THE SOLE USE OF THE CITY OF ENCINITAS IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRUCTION OR PAY PURPOSES. MS/0 THIS ESTIMATE IS BASED ON THE CITY OF ENCINITAS UNIT PRICE LIST FOR ESTIM �� pFtiO �• 9� v� SUBDIVIS NS AND PERMIT BONDS DATED MAY 1, 1999. rej U� PC / W 41782 BY DATE: `� EXP RICHARD E. BERG '% CIVIC R. C. E. 41,782 9lf Of CAOO� EXPIRES 3 -31 -00 LAND PLANNING & SURVEYING • PROPERTY DEVELOPMENT ENGINEERING • CONSTRUCTION STAKING DESCRIPTION QTY. UNIT U PUBLIC IMPROVEMENT BOND 6" PCC CURB & GUTTER 46 LF 13.75 633 4" PCC SIDEWALK 378 SF 3.65 1,380 CURB OUTLET PER D -25 2 EA 2,240.00 4,480 4" A.C. PAVING 1,450 SF 1.65 2,393 6" BASE 1,450 SF 0.90 1,305 PREPARATION OF SUBGRADE 1,450 SF 0.40 580 SAWCUT 140 LF 3.00 420 PCC DRIVEWAY 120 SF 3.95 474 FIRE HYDRANT 1 EA 2,000.00 2,000 4" WATER VALVE 1 EA 425.00 425 4" WATER LINE 28 LF 28.00 784 6" SEWER LINE 35 LF 47.00 1,645 TRENCH RE- SURFACING 82 SF 2.00 164 TOTAL PUBLIC IMPROVEMENTS 16,682 10% CONTIGENCY 1,668 REQUIRED PUBLIC IMPROVEMENT BOND $ 18,350 GRADING AND DRAINAGE BOND PRIVATE 3" PVC STORM DRAIN 30 LF 37.00 1,110 PRIVATE 6" PVC STORM DRAIN 370 LF 37.00 13,690 PRIVATE 8" PVC STORM DRAIN 220 LF 37.00 8,140 12X12 BROOKS BOX 6 EA 300.00 1,800 PCC RIBBON GUTTER 270 LF 15.00 4,050 TYPE C -3 CMU RETAINING WALL 1,050 SF 28.00 29,400 EXCAVATION 940 CY 4.10 3,854 SANDBAGS 200 EA 2.00 400 TOTAL GRADING & DRAINAGE 62,444 10% CONTIGENCY 6,244 REQUIRED GRADING AND DRAINAGE BOND $ 68,688 GRAND TOTAL ALL BONDS E 87,038 THIS IS AN ESTIMATE OF BOND COSTS ONLY AND IS FOR THE SOLE USE OF THE CITY OF ENCINITAS IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRUCTION OR PAY PURPOSES. MS/0 THIS ESTIMATE IS BASED ON THE CITY OF ENCINITAS UNIT PRICE LIST FOR ESTIM �� pFtiO �• 9� v� SUBDIVIS NS AND PERMIT BONDS DATED MAY 1, 1999. rej U� PC / W 41782 BY DATE: `� EXP RICHARD E. BERG '% CIVIC R. C. E. 41,782 9lf Of CAOO� EXPIRES 3 -31 -00 LAND PLANNING & SURVEYING • PROPERTY DEVELOPMENT ENGINEERING • CONSTRUCTION STAKING BRIAPOLLEY LAND SURVEYnvG, INC. Licensed Land Surveyor No., 4670 LAND SURVEYOR & CIVIL ENGINEERS 656 METCALF STREET, ESCONDIDO, CALIFORNIA 92025 TELEPHONE: (760) 745-3805 FACSIMILE: (760) 745-3792 October 4, 1999 Mr. Blair Knoll ING SEPVI�Es City of Encinitas EN C 1Y pF ENC�t4l % 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 SUBJECT: Storm Drain Certification for TM 98-189,6080-G, 1415 Vulcan Ave. Dear Blair: I have designed the storm drain improvements for the above referenced project to convey the 100 - year storm event off the site and into Vulcan Avenue. This design is in conformance with the County's Hydrology Manual and Design and Procedures Manual. The storm water around the proposed apartment complex is primarily collected in a series of 12 inch catch basins and conveyed to Vulcan Avenue in a system of 6 and 8 inch PVC pipes. This system, along with the hydrologic and hydraulic information, is delineated on the project hydrology map. At the Vulcan Avenue right -of -way, the storm water will be discharged onto the street through curb outlets per the Regional Standard Drawing D -25. In addition, a low flow catch basin will be installed to prevent nuisance water from discharging to the street via the driveway entrance. In a major storm event, the on -site parking area storm water runoff will be conveyed to Vulcan Avenue via this driveway entrance. Sincerely, Brian Polley Land Surveying, Inc. Richard E. Be oQ�pFEUlpygl W 11782 rrnn °C E X P V1( EJ E l�l G LAND PLANNING & SURVEYING • PROPERTY DEVELOPMENT ENGINEERING • CONSTRUCTION STAKING t BARRY AND ASSOCIATES GEOTECHNICAL ENGINEERING P.O. Box 230348 Encinitas, CA 92023 -0348 (760) 753 -9940 June 26, 1998 [FJ C� OdC Wagner Properties 3 D P.O. Box 232312 Leucadia, California 92023 Att: Mr. Keith Wagner Subject: PRELIMINARY GEOTECHNICAL INVESTIGATION Proposed Condominium Project 1415 Vulcan Avenue Leucadia, California 92024 Dear Mr. Wagner, In response to your request, we have performed a preliminary geotechnical investigation at the subject site for the proposed condominium project. The findings of the investigation, laboratory test results and recommendations for grading and foundation design are presented in this report. From a geotechnical point of view, it is our opinion that the site is suitable for the proposed project, provided the recommendations in this report are implemented during the design and construction phase. If you have any questions, please contact us at (760) 753 -9940. Respectfully submitted, A.R. BARRY AND ASSOCIATES F�DFESS /O A.R. Barry, P f'y G00119 Z Principal E ineer �0 � m 1, Exp. 3/31'02 .a rECH P11�hy �P \ZFO`CAOF PRELIMINARY GEOTECHNICAL INVESTIGATION Proposed Condominiums 1415 Vulcan Avenue Leucadia, California 92023 A.P.N. 260 - 083 -68 Prepared For Wagner Properties P.O. Box 232313 Leucadia, California 92023 June 26, 1998 W.O. P -1593 Prepared By: A.R. BARRY AND ASSOCIATES P.O. Box 230348 Encinitas, CA 92023 -0348 TABLE OF CONTENTS INTRODUCTION .................. ..............................2 SITE CONDITIONS ............... ..............................2 PROPOSED DEVELOPMENT .......... ..............................2 SITE INVESTIGATION ............ ..............................2 LABORATORY TESTING ............ ..............................3 GEOTECHNICAL CONDITIONS ....... ..............................3 A. SOIL ................ ..............................3 B. EXPANSIVE SOIL ...... ..............................3 C. GROUNDWATER ......... ..............................3 D. LIQUEFACTION ........ ..............................3 CONCLUSIONS AND RECOMMENDATIONS .............................4 A. GENERAL ............. ..............................4 B. GRADING ............. ..............................4 C. FOUNDATIONS ......... ..............................4 D. SLABS ON GRADE ...... ..............................5 E. DRIVEWAY ............ ..............................6 G. DRAINAGE ............ ..............................6 H. FOOTING INSPECTION . ..............................7 I. PLAN REVIEW ......... ..............................7 LIMITATIONS ................... ..............................7 APPENDICES APPENDIX A ............ VICINITY MAP SITE PLAN (SHOWING LOCATION OF TEST PITS) APPENDIX B ............ GRADING SPECIFICATIONS June 26, 1998 W.O. #P -1593 Page 2 INTRODUCTION This report presents the results of our preliminary geotechnical investigation. The purpose of this study is to evaluate the nature and characteristics of the earth materials underlying the property and their influence on the proposed condominiums. SITE CONDITIONS The property is located on the east side of Vulcan Avenue between East Jason Street and Sanford Street in Leucadia, California. The property slopes gently upward from Vulcan Avenue to the east at an average rate of approximately 5% then becomes level before gently descending to the east property line. Existing structures at the top of the hill will be demolished prior grading. The properties to the north and south are developed. Vegetation on the property consists of grasses and gardens. PROPOSED DEVELOPMENT Plans for the project will be provided and were not available to us at the time of our site investigation. We did however have a faxed copy of a reduced site plan delineating the location of the proposed structures. SITE INVESTIGATION Four backhoe trenches were excavated to a maximum depth of 10 feet. Earth materials encountered were visually classified and logged by logged by our field engineer June 26, 1998 W.O. #P -1593 Page 3 Bulk samples were obtained and transported to our laboratory for testing and analysis. LABORATORY TESTING Classification The field classification was verified through laboratory examination in accordance with the Unified Soil Classification System. The final classification is shown on the enclosed Logs. GEOTECHNICAL CONDITIONS The on site soils consist of tan to gray fine to medium grained silty sand with a relatively small amount of silt. The soil in the upper 2 feet loose and becomes moderately dense to dense below 2 feet. Expansive Soil Detrimentally expansive soils were not encountered in our exploratory trenches and are not expected to be encountered during construction. The potential for expansion is in the very low range. Groundwater Groundwater was not encountered in our test trenches. Groundwater related problems are not anticipated during construction. Liquefaction June 26, 1998 W.O. #P -1593 Page 4 The soils on the site are not considered subject to seismically induced liquefaction jue to such factors as soil density, sand Particle size, and lack of groundwater. CONCLUSIONS AND RECOMMENDATIONS General The on site soils are suitable for the proposed project and for the support of the proposed structures, provided the recommendations in this report are implemented during the design and construction phase. Grading General Grading will consist of the removal and recompaction of approximately two feet of loose soil and create level building pads for the proposed structures. If a cut -fill transition line crosses any of the lots in the building area it may be necessary to over - excavate 3 feet in the cut section and re- compact to 90 % of the maximum density. The excavation and compaction should include the area 5 feet beyond the building line. See Grading Specifications, Appendix B Foundation Footings for the proposed condominiums should be a minimum of 15" wide and founded a minimum of 18" below grade. A 12- inch -by -12 -inch grade beam should be placed across each garage opening. Footings June 26, 1998 W.O. #P -1593 Page 5 founded a minimum of 18" below grade may be designed for a bearing value of 1500 csf. The bearing value indicated above is for the total of dead and applied live loads. This value may be increased by 33 percent for short durations of loading, including the effects of wind and seismic forces. Resistance to lateral load may be provided by friction acting at the base of foundations and passive earth pressure. A coefficient of friction of 0.3 should be used with dead -load forces. A passive earth pressure of 250 pounds per square foot, per foot of depth of fill penetrated to a maximum of 1500 pounds should be used in the design. Minimum steel reinforcement should consist of 4 - #4 bars, 2 placed 3" from the bottom of the footing and 2 placed 2" below the top of the footings, or as required by the structural engineer. Slabs on grade If slab on grade is planned it should be a minimum of 4.0 inches thick and reinforced in both directions with No. 3 bars, placed 18 inches on center. The slab should be underlain by a minimum 4 -inch sand blanket which incorporates a minimum 6.0 -mil Visqueen or equivalent moisture barrier in its center, for moisture sensitive floors. Utility trenches underlying the slab should be bedded in clean sand to at least one foot above the top of the conduit, then June 26, 1998 W.O. #P -1593 Page 6 backfilled with the on -site granular materials, compacted to a minimum of 90 percent of the laboratory maximum dry density. However. sufficiently compacting the backfill deposits may damage or break shallow utility lines. Therefore, minor settlement of the backfill in the trenches is anticipated in these shallow areas. To reduce the possibility of cracks occurring, the slab should be provided with additional reinforcement to bridge the trenches. Driveway The following recommendations are submitted as preliminary guidelines for pavement construction and are based on a non - expansive soils condition in the upper 12" of subgrade. Asphalt Concrete The driveway section should consist of 2.0 inches of asphalt over 4.0 inches of Class rI base. The Class II base and the upper 12 inches of the subgrade deposits should be compacted to a minimum of 95 percent of the laboratory maximum dry density. The upper 12" of subgrade should consist of non - expansive soil. Paved areas should be protected from moisture migrating under pavement. Drainage All roof water should be collected and conducted to a suitable location via non - erodible devices. Roof gutters are recommended. June 26, 1998 W.O. #P -1593 Page 7 Pad water should be directed away from foundations and around the residence to a suitable location. Pad water should not pond. Footing Inspections Structural footing excavations should be inspected by a representative of this firm prior to the placement of reinforcing steel. Plan Review A copy of the final building plans should be submitted to this office for review, prior to the initiation of construction. Additional recommendations may be necessary at that time. LIMITATIONS This report is presented with the provision that it is the responsibility of the owner or the owner's representative to bring the information and recommendations given herein to the attention of the project's architects and /or engineers so that they may be incorporated into the plans. If conditions encountered during construction appear to differ from those described in this report, our office should be notified so that we may consider whether or not modifications are needed. No responsibility for construction compliance with design concepts, specifications or recommendations given in this report is assumed June 26, 1998 W.O. #P -1593 Page 8 unless on -site review is performed during the course of construction. The conclusions and recommendations of this report apply as of the current date. In time, however, changes can occur on a property whether caused by acts of man or nature on this or adjoining properties. Additionally, changes in professional standards may be brought about by legislation or the expansion of knowledge. Consequently, the conclusions and recommendations of this report may be rendered wholly or partially invalid by events beyond our control. This report is therefore subject to review and should not be relied upon after the passage of three years. The professional judgments presented herein are founded partly on our assessment of the technical data gathered, partly on our understanding of the proposed construction and partly on our general experience in the gectechnical field. If you have any questions, please call us at (760) 753 -9940. This opportunity to be of service is greatly appreciated. Respectfully submitted, A.R. BARRY AND ASSOCIA �QaOFESSlO R. A.R. Barry, P.E. �� G0o11s Principal Engin r lW Exp 9131102 \r rECHN�OPy�P OFCAUE 1415 N. Vulcan Ave. Leucadia, California June 26. 1998 W.O. #P -1593 Page 9 LOG OF EXPLORATORY TRENCHES TRENCH # DEPTH CLASSIFICATION TP -1 0 -6" SM 6 " -8' SM /Sp DESCRIPTION Top Soil, brown silty sand Reddish brown silty sand loose to medium dense, moist. Root zone extends to 3' Bottom of excavation 7 feet no groundwater. TP-2 0 -6" SM Top Soil, brown silty sand 6 " -7' SM /SP Reddish brown silty sand loose to medium dense, dry to 2.5' moist below 2.5'. Bottom of excavation 7 feet no groundwater. TP -3 0 -8" SM Top Soil, Brown silty sand, dry, loose 8 " -3' SM Brown silty sand, dry loose 3' -9 SM Gray sand below 4', moist, moderately dense. Bottom of excavation 9'no groundwater TP -4 0 -8" SM Top Soil,Brown silty sand, dry,loose 8 " -3' SM Brown silty sand, dry loose 3' -9 SM Gray sand below 4', moist, moderately dense. Bottom of excavation 8', no groundwater. APPENDIX A SEE 112/ UN K y �' ♦ if {4., Y /':%33 `s.. s• 34r`\ 1 ys\ '..� v n63 •' W�iY• ` 1 !V t 4rr tt s } u � v g _ Y o• •'- AY IN -1_2$ I ` -lf - �4 - • . rgx -- 'l a •� 135 -� -- f -__ c< ty Lioyl.� —_ —�rT f.�n a o 'a �. [� �v � EKJ 1 T \CARL AD I F��iEtNSL, $�LL� a . r. 0 j .4 sfAlxli �•. A a'I yp� lr�°l Ll 5` �.1A 1II1I-r ••,tttl •5\ ' ij .� 1 M `" 1 .3 M1r� I I g1,: t rt��'�,,� 2 n•.: /A ��8'P ij �„1„-�y�p� L Jq�- 5t ' ,, 1 mil/ ' _ J �t,�Ydf . ! �t �• V �d�. y�S [� - ypC — .. P � _ �\ 5��s1 r1 _ _ w M�M �AA�..� • :1� �'' �c4� <F �� t `/ °•Yp 9� F _�� ' - N _{ppp1A. ;JtL.f?o •� .\ IcwWr•V'1�- ''✓„ Vti1' IIw:tl1A LZy' w S a . y41 SIAI[ .. r nr.� li•.: WWI, t�+T "� VB L IA Bl B MR It 4 a [oo r W 'nmy� fxlNl r4, a h } 9 4 54 1 _ 5 p •_ 1< WN 11n 11 P 5 1 Q NIXMINN — _ �rrANl[[t {Iffi „Oa y lrla ... i �'rw V 1Y` J 5 _�,�'nY �u, "Yfli!i j • ' 9.- f�- `/•'�a : n`f ' 'r i MN f[Yxlt 1•V 01"r IMx f c r, YI 2r I� _ EPIC I N I TA .� (� �If•.,y •a. A yrygJ� , sn. N s t ¢ w 4 1 rand[ '^ � TS i 'w I. C. s {� Se• e a rM y s 3i W MN< a'y 'Rw run -n_'. 1 �� s n �"yl� �i6 .ui” -\�J R �.1 i��,1� 1 As ..:�`\''y •N• _ r � f' f ; l..�F '. PATY S ' IT y1� °r_r0¢ -n T:F..•1B i.r, IeN LJ V'" 5[ S�F/ 6 • •• {, n Yo g c ". `v • rA -arl 'Y 1 aurr w wrrlO.V -N ry , rx B �, IA f 4y ENEINIT s11SJryE ;� Y p[I wx.l ,nN , f •S i^sF; S rr rpn,r O rl V .. � @ry� .. yf� %x� ��1�_i � ssS�♦ F Yf W�,yY 9� ' vi pIG1x1 r� ' • YiV 11 NYYS 1011 Ill[ yI,IS RA B�• — Q 1 t7i mi ENLINITA$ R'�" BIYO 3+ y )f yirra°/an e SIAM B 6r 14 YO �.V" T �.. •. wNll o yl [ ..r 88 �J, C$ ] r � fJ�. j^ .�yY�yp�{ /.�y..�yT. �Wryl .:. R u .t •�! e�{Y.' w� y-g��+jyyrrri r"' IC � F_ n5 ■ ■ir '! i T � a 1N^°xl � � I��Ir uw.• b •.11 .y i� � IIIY' P IxlNll.aa � �. � ,��'• \� f efVi.• I r OR :. n _ RF 1 " rtr q ni "rr' pl B N .1 ( • I r 7 1 � f 1 s I`1 s a v 1. ,. £ � € / YN[r. Iseao nry y' \s p R' v rl•.r `'. c6fr.r�.i sll yl I lx k y3 of 0 1�grr'.•�e ,,. .nlrn �i' o .r •.1 l �1 R NFIPFa euU 1 1;=7 ton 1415 VULCAN AVE. LEUO/\IDIA, OA Lne TEST PIT LOCATION APREME:)IX �3 APPENDIX B RECOMMENDED GRADING SPECIFICATIONS GRADING INTENT The intent of these specifications is to establish procedures for clearing, compacting natural ground, preparing areas to be filled and placing and compacting fill soil to the lines and grades shown on the accepted plans. The recommendations contained in the preliminary geotechnical investigation report are a part of the recommended grading specifications and would supersede the provisions contained herein in case of conflict. INSPECTION AND TESTING A geotechnical engineer should be employed to observe and test the earthwork in accordance with these specifications. It will be necessary that the geotechnical engineer or his representative make adequate observations so that he may provide a memorandum that the work was or was not accomplished as specified. Deviations from these specifications will be permitted only upon written authorization from the geotechnical engineer. It should be the responsibility of the contractor to assist the geotechnical engineer and to keep him apprised of work schedules, changes and new information and data so that he may provide the memorandum to the owner and governmental agency as required. If in the opinion of the geotechnical engineer, substandard conditions such as questionable soil, poor moisture control, inadequate compaction, adverse weather, etc. are encountered, the contractor should stop construction until the conditions are remedied. Unless otherwise specified, fill material should be compacted by the contractor while near the optimum moisture content to a density that is no less than 90 percent of the maximum dry density determined in accordance with ASTM Test No. D1557 -78 or other density test methods that will yield equivalent results. CLEARING AND PREPARATION OF AREAS TO RECEIVE FILL All trees, brush, grass and other objectionable material should be collected, piled and burned or otherwise disposed of by the contractor so as to leave the areas that have been cleared with a neat and finished appearance, free from unsightly debris. APPENDIX B Page 2 All vegetable matter and objectionable material should be removed by the contractor from the surface upon which the fill is to be placed, and any loose or porous soils should be removed or compacted to the depth determined by the geotechnical engineer. The surface should then be plowed or scarified to a minimum depth of 6 inches until the surface is free from uneven features that would tend to prevent uniform compaction by the equipment to be used. When the slope of the natural ground receiving fill exceeds 20 percent (5 horizontal to 1 vertical) , the original ground should be stepped or benched as shown on the attached plate. Benches should be cut to a firm, competent soil condition. The lower bench should be at least 10 feet wide and all other benches at least 6 feet wide, ground slopes flatter than 20 percent should be benched when considered necessary by the geotechnical engineer. FILL MATERIAL Materials for compacted soil should consist of any material imported or excavated from the cut areas that in the opinion of the geotechnical engineer is suitable for use in construction fills. The material should contain no rocks or hard lumps greater than 12 inches in size and should contain at least 40 percent of material smaller than 1/4 inch in size. (Materials greater than 6 inches in size should be placed by the contractor so that they are surrounded by compacted fines; no nesting of rocks will be permitted.) No material of a perishable, spongy or otherwise improper nature should be used in filling. Material placed within 36 inches of rough grade should be select material that contains no rocks or hard lumps greater than 6 inches in size and that swells less than 3 percent when compacted (as specified later herein for compacted fill) and soaked under an axial pressure of 150 psf. Potentially expansive soils may be used in fills below a depth of 36 inches and should be compacted at a moisture greater than the Optimum moisture content for the material. PLACING, SPREADING AND COMPACTING OF FILL Approved material should be placed in areas prepared to receive fill in layers not to exceed 6 inches in compacted thickness. Each layer should have a uniform moisture content in the range that will allow the compaction effort to be efficiently applied to achieve the specified degree of compaction to a minimum specified density with adequately sized equipment, either specifically designed for soil compaction or of proven reliability. Compaction should be continuous over the entire area and the equipment should make APPENDIX B Page 3 sufficient trips to ensure that the desired density has been obtained throughout the fill. When moisture content of the fill material is below that specified by the geotechnical engineer, water should be added by the contractor until the moisture content is as specified. When the moisture content of the fill material is above that specified by the geotechnical engineer, the fill material should be aerated by the contractor by blading, mixing or other satisfactory methods until the moisture content is as specified. The surface of fill slopes should be compacted and there should be no excess loose soil on the slopes. UNIFIED SOIL CLASSIFICATION Identifying Criteria Group Symbol Soil Description COARSE - GRAINED (more than 50 percent larger than #200 sieve) Gravel (more than 50 percent larger than #4 sieve but smaller than three inches) Non- plastic Sands (more than 50 percent smaller than #4 sieve) GW Gravel, well - graded gravel -sand mixture, little or no fines GP Gravel, poorly grad- ed gravel -sand mix- ture, little or no fines GM Gravel, silty, poor- ly graded, gravel - sand -silt mixtures GC Gravel, clayey, poorly graded, grav- el- sand -clay mixture SW Sand, well - graded, gravelly sands, little or no fines SP Sand, poorly graded, gravelly sands, little or no fines APPENDIX b Page 4 SM Sand, silty, poorly graded, sand -clay mixtures FINE - GRAINED (more than 50 percent but smaller than #200 sieve) Liquid limit less than 50 ML Silt, inorganic silt and fine sand, sandy silt or clayey -silt- sand mixtures with slight plasticity CL Clay, inorganic clay of low to medium plasticity, gravelly clays, sandy clays, silty clays, lean clays Liquid limit greater than 50 OL Silt, inorganic, silts and organic silt -clays of low plasticity MH Silt, inorganic, silts micaceous or diatomaceous fine, sandy or silty soils elastic silts CH Clay, inorganic, clays of medium to high plasticity, fat clays OH Clay, organic, clays of medium to high plasticity HIGHLY ORGANIC SOILS PT Peat, other highly organic swamp soils 1 APPENDIX B Page 5 INSPECTION Observation and compaction tests will be made by the geotechnical engineer during the filling and compacting operations so that he can state whether the fill was constructed in accordance with the specifications. The geotechnical engineer will make field density tests in accordance with ASTM Test No. D1557 -78. Density tests will be made in the compacted materials below the surface where the surface is disturbed. when these tests indicated that the density of any layer of fill or portion thereof is below the specified density, that particular layer or portion should be reworked until the specified density has been obtained. The location and frequency of the tests well be at the soil engineer's discretion. In general, the density tests will be made at an interval not exceeding 2 feet in vertical rise and /or 500 cubic yards of embankment. PROTECTION OF WORK During construction, the contractor should properly grade all excavated surfaces to provide positive drainage and prevent ponding of water. He should control surface water to avoid damage to adjoining properties or to finished work on the site. The contractor should take remedial measures to prevent erosion of freshly graded areas and until such time as permanent drainage and erosion control features have been installed. INTENSITY - DURATION DESIGN CHART �' ^_ 1� Li '•T� rIT fITnlriTrtTr- Equation: m1intnmtr:rtrmmll -. - rrrm.rIZrFTn -1i-- I 7.44 PG D ' 645 I = Intensity (In. /}Ir.) @ I I P 6 Hr. Precipitation 6 D n Duration (Min. ) I I�'ii � := . : : =_. 1 _i. i 1 -��I. I!•�.I-If ..II II11ll , t ..I -.!� :l :�:I :� I I I • IIh,�I►��; I � I I III;.I 1I +II I'll�'�I_ I' I -�.�� ' 1 _I LI_.f•.,i I -1_ ��-ri =�: i- � -� . t�lj I,I� � II ,' Il1I { III � 'I,1 � h lll' p I � , � � -! 1 , � �-� {! III 1►' - l -- - = -= .I.l 1'5.0 114.0 13,5 I 1 13.0 2.5 .0 .5 1.0 v 10 15 20 30 40 50 1 2 3 4 6 1,!inninr {Inl.rt 1 irections for Application: From precipitation maps determine 6 hr. and 24 hr. amounts for the selected frequency. These maps are printed in the County Hydrolon) ' Manual (10, 50 and 100 yr. maps included in t) Design and Procedure Manual). Adjust 6 hr. precipitation (if necessary) so that it is within the range of 45% to.65% of the 24 hr. precipitation. (Not applicable to Desert) 3) Plot 6 hr. precipitation on the right side of the chart. 4) Draw a line through the point parallel to the plotted lines. 5) This line is the intensity- duration curve for the location being analyzed. Application Form: 0) Selected Frequency 100 yr. 1) P6 =Lin., P24- d•,o *P6 = (v3 %* 724 �2) Adjusted *P6= 2 �� in. 13) tc _min. 4) I n /hr. *Not Applicable to Desert Region rnyi nrl 1 for .. 11.m,v v♦ . COU11TY OF SAN DIEGO DEPARTMENT OF SANITATION b FLOOD CONTROL 33° n n r• 0. H w 45' I 30' , I 15' ul 45' Preen •J t y U.S. DEPAP.TIME\ I' C •7 VATIONAL OCEANIC AND AT' OSI 'O SPECIAL STUDIES D RAN CH. OF FICI: 0 11 DR m i v H 30 1 _ m U- @101.61 PRECIPITATI.ON ''2L/ ISOPLUVIALS OF 160 -YEAR 641aUR PCECIS iTATIC,I I'll JENTIIS U APB CWUII 117° 115' 301 15' 116' COUNTY OF Snit DIEGO DEPARTMEMT OF SANITATION & FLOOD CONTROL 33* 115 1 ;01 151 100 -YEAll 2.11 -liet 11 PRECIPITATION '- 20_/I' ll, l.liUl!!LS OT 100 -YEAR 24-HOUR PRECIPITATION IN - EFITIIS OF AN INCH 45, Prato 'd by U.S. DEPARTIIIEN 1' OF COMMERCE ' NATIONAL OCEANIC AND AT. OSI- IIENIC ADMINISTRATION SPECIAL STVDIES BRANCH. UlktC6 OP 11 DROLOGY, NA'fIUNAL WEArmm SERVICE 301 I- II11" llti' }n1 1',' 11 .1 11'; 1 101 e M r .,,.,.. .n.,. VT 11 I T Y O F E N C I N I m A S NGINEERING SERVICES DEPAF :NT 505 S. VULCAN AVE. ENCINITAS, CA 92024 GRADING PERMIT PERMIT NO.: 6080GI PARCEL NO. : 254- 053 -1900 JOB SITE ADDRESS: 1415 N. VULCAN AVE APPLICANT NAME THE PALMS AT N. VULCAN AVE MAILING ADDRESS: 1615 NEPTUNE AVE CITY: ENCINITAS STATE: CA LLC. PLAN NO.: 6080 -G CASE NO.: 98189 / TM PHONE NO.: 760- 436 -7702 ZIP: 92024- CONTRACTOR : CHRISTINA ENGINEERING- LICENSE NO.: 764601 ENGINEER : BRIAN POLLY LAND SURVEYING PERMIT ISSUE D 2/04 PERMIT EXP. DATE: 3/11 PERMIT ISSUED INSPECTOR:�ONALD QUIGG ------- - - - - -- ---- - - - - -- PERMIT FEES & DEPOSITS PHONE NO.: 760 - 839 -2229 LICENSE TYPE: A PHONE No.: 760 - 745 -3805 1. PERMIT FEE .00 2. PLAN CHECK DEPOSIT: .00 3. INSPECTION FEE 4,512.00 4. INSPECTION DEPOSIT: .00 5. PLAN CHECK FEE .00 6. SECURITY DEPOSIT 97,500.00 7. FLOOD CONTROL FEE 3,360.00 8. TRAFFIC FEE .00 --- ---------------- - - -- -- DESCRIPTION OF WORK --------------- ----- ----- - - - --- PERMIT ISSUED TO VERIFY PERFORMANCE OF GRADES AND DRAINAGE PER APPROVED PLAN 6080 -G. CONTRACTOR TO MAINTAIN TRAFFIC CONTROL PER W.A.T.C.H. STANDARDS OR CITY APPROVED TRAFFIC CONTROL PLAN. LETTER DATED 01/20/04 APPLIES. - - -- INSPECTION ---------- - -- --- DATE -- - - - - -- INSPECTOR'S SIGNATURE - - -- INITIAL INSPECTION COMPACTION REPORT RECEIVED ENGINEER CERT. RECEIVED ROUGH GRADING INSPECTION FINAL INSPECTION I HEREBY ACKNOWLEDGE THAT I HAVE READ THE APPLICATION AND STATE THAT THE INFORMATION IS CORRECT AND AGREE TO COMPLY WITH ALL CITY ORDINANCES AND STATE LAWS REGULATING EXCAVATING AND GRADING, AND THE PROVISIONS AND CONDITIONS OF ANY PERMIT ISSUED PURSUANT TO THIS APPLICATION. SIGNATURE\ ' PRINT NAME CIRCLE ONE: 1. OWNER 2. AGENT 3. -z /2-/ 0`t DATE 9IGNED TELEPHONE NUMBER I T Y O F E N C I N I^ A S AGINEERING SERVICES DEPAR NT 505 S. VULCAN AVE. ENCINITAS, CA 92024 IMPROVEMENT PERMIT PERMIT NO.: 6080II PARCEL NO. : 254- 053 -1900 JOB SITE ADDRESS: 1415 N. VULCAN AVE. APPLICANT NAME THE PALMS AT N. VULCAN AVE., MAILING ADDRESS: 1415 N. VULCAN AVE. CITY: ENCINITAS STATE: CA ZIP CONTRACTOR : CHRISTINA LICENSE NO.: 764601 INSURANCE COMPANY NAME: POLICY NO. : GS306253 ENGINEER : BRI PERMIT DATE: PERM XP. DATE: 3/1 INSP TOR: RONALD QUIGG ENGINEERING HARTFORD INSURANCE CO. LAND SURVEYING PERMIT ISSUED IT FEES b DEPOSITS PLAN NO.: 6080 -I CASE NO.: 98189 / TM LLC. PHONE NO.: 760- 436 -7702 92024- PHONE NO.: 760 -839 -2229 LICENSE TYPE: A POLICY EXP. DATE: 3/11/04 PHONE NO.: 760 - 745 -3805 1. PERMIT FEE .00 2. PLAN CHECK DEPOSIT: .00 3. INSPECTION FEE 1,035.00 4. INSPECTION DEPOSIT: .00 5. PLAN CHECK FEE .00 6. SECURITY DEPOSIT 20,700.00 7. FLOOD CONTROL FEE .00 8. TRAFFIC FEE .00 -------- ------ ----- - - - - -- DESCRIPTION OF WORK ------------------------------- PERMIT ISSUED FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN PUBLIC R/W PER APPROVED PLAN 6080 -I. CONTRACTOR TO MAINTAIN TRAFFIC CONTROL PER W.A.T.C.H. STANDARDS OR CITY APPROVED TRAFFIC CONTROL PLAN. LETTER DATED 1/20/04 APPLIES. - - -- INSPECTION -- ------ -- ------ DATE -- - - - - -- INSPECTOR'S SIGNATURE - - -- INITIAL INSPECTION FINAL INSPECTION AS- BUILTS AND ONE YEAR WARRANTY RETENTION REQUIRED. I HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION IS TRUE. SIGNATURE PRINT NAME CIRCLE ONE: �,OWN 2. AGENT 3. ZZVO14\ DATE .,IGNED I loo - A3u 2-M Z TELEPHONE NUMBER ENGINEERING DEPARTMENT APPLICANT FE S ACTION FORM bogo —Sy /��a — =r )ATE i� PERMIT NUMBER E1✓ GCJ LICANT NAME APPLICANT ADDRESS 12 DESCRIPTION AMOUNT CODE ACCOUNT NUMBER Agreement/Covenant AC Construction CN Exempt Organizations EX Grading Plancheck GR ` '� ° Grading Inspection I-l- _ I GI , Final Map Processing FM Parcel Map Processing PM Permanent Encroachment PE Improvement Plancheck IR improvement Inspection , Q S . O 11 Temporary Encroachment TE Street Vacation VA Street Name Change SN A.P.N. Re rt mm PN rS ur� eposit �or �-9 -7 V Structural MR TOTAL Permit Coordinator 101 -0000- 345 -0100 101 -0000- 345 -0200 101 -0000- 345 -0400 101 -0000- 345 -0700 101 -0000- 345 -0800 101 -0000- 345 -0500 101 -0000- 345 -0600 101 -0000 -345 -1100 101 -0000- 345 -0900 101 -0000 -345 -1000 101 -0000- 345 -1200 101 -0000 -345 -1500 101 -0000.345 -1300 101 -0000- 345 -2100 101-0000 - 218.0000 101 -6010- 451 -4240 t#: r Initials �. t((. ENGINEERING SERVICES DEPARTMENT Capitol Improvement Projects District Support Services Field Operotions City �f traffic Engineering trac Engineering Encinitas ` Building Permit Number: - orNONE a 5 µ -- r a ©O (circle if applies) Assessor's Parcel Number: 1 DEVELOPMENT FEE SUMMARY The City of Encinitas has adopted regulations that require the payment of fees that will contribute to the funding of new infrastructure needed as a result of private development projects. Impact fees assessed and collected through the City Engineer's office that have a citywide benefit are as follows and further described per the given references. Fees Flood Control Traffic Mitigation Account No- 232-0000-343.30-00 233 -0000- 343.30 -00 Ordinance No. 97 -19 00 -08 Municipal Code 23.96 23.94 Other impact fees may be applicable, and include, but are not limited to, fire mitigation fees (Fire Prevention Bureau), park and recreation fees (Current Planning Division), school fees (Cardiff School District, Encinitas Union School District, or San Dieguito Union High School District), sewer fees (Cardiff Sanitation District, Encinitas Sanitary District, or Leucadia County Water District), water fees (Olivenhain Water District or San Dieguito Water District), and the like. Please inquire at the appropriate counter. FOR OFFICE USE ONLY ORDINANCE FEE PREPARED BY: Flood Control S f w ' — En � eer's Signature Traffic Mitigation S� DATE: 2 0 11II TOTAL: rt 7i 36c� . lti- I � N. �w�_rc,� �t�. Projec Community Area Tie Paw. s �l �. ((,� o `E 3 - a Applicant's Name / Te ephon Private Rd: (street name) (dwg) (case) See worksheet on backside for multiple perm its JSG /A RR/Deve l_Fee_Sum_Shl I .doe/ 12.23.99 DATE PAID: RECEIPT 4: \A Received By: V Y\ loft ENGINEERING SERVICES DEPARTMENT llVTRADEPARTMENTAL TRANSMITTAL FORM Capitol Improvement 7rol. Dislrict Support servi Field Operati 5ubcfiVlslan Enginee no(fic Engineer T Capital Improvement Projects (C1P) ❑ Subdivision Engineering (SEkq Traffic Engineering (TE) ❑ O District Support Services �D) �� (� Office of the Director (#I) ❑ ' Fi ?ld Operations (FO) ❑ A Regarding (Finance Number 6 080 - (:;) DEPOSIT/FEE (Finance Number - _� DEPOSIT/FEE (Finance Number - _� DEPOSIT/FEE Transmitted as following: Final Parcel Map ❑ Final Map ❑ Submittal/Amended/Corrected Proposed ❑ Corrected ❑ Approved ❑ Interoffice Memo• ❑ Blueline/Red -lined ❑ Checkprint ❑ Original ❑ Certificate ❑ Approved TMITPM ❑ Resolution of Approval ❑ Coastal Permit ❑ Preliminary Title Report ❑ Guarantee ❑ Tax Certificate ❑ Copies of all documents listed in preliminary title report/Vesting Deed ❑ Traverse Calculations ❑ Reference Maps ❑ Letter Re: Access ❑ Corporate/Partnership Papers ❑ Property Appraisal ❑ Utility Letter• ❑ Deferred Monumentation Letter ❑ Agency Letter: 0 Legal Description ❑ Plat ❑ Recording Fee ❑ ❑ Easement re: Covenant re: Highway ❑ Trail ❑ Improvements ❑ Sewer ❑ Park ❑ Impact Fees Q Drainage ❑ ❑ Assessments ❑ A greement re: EJ Improvements ❑ Pvt. Rd. Maint. ❑ ❑ Improvement Plan ❑ Submittal/Plan Change/As -Built Proposed El Corrected EJ Approved ❑ Mfg. Specs. ❑ Blueline/Red -lined p Checkprint ❑ Original ❑ Cross Sections ❑ Structural Calculations ❑ Cost Estimate O Note: See other blocks for additional items, if any. Grading Plan C bmittal/Plan Change /As -built Proposeected Approved ❑ cc Blueline/Re - Iliried�C Checkprint ❑ Originks Hydraulic Calculafro`nsMiap ❑ Cost Estimate ❑ l Re port Letter re: Permission to Grade ❑ Structural Calculations ❑ Note: See other blocks for additional items, if any. As Per... Submittal For Your.. Revie�bk irementyt� Our Conversation ❑ Use ❑ Approval ❑ ORIGINATOR: (Name) DATE: I Q-' f ( /0 Z_ F"W Comments /Additional Space for Document 1) Response to Plancheck O 2) Miscellaneous Exhibit O 3) Street Vacation Application ❑ 4) Street Name Change Application C] 5) Other ❑ 6) Copies to: Additional Notes: ' ( CD/ CS/ FIRFJSDWD /OMWD1LCWD /G &FJP /CATV) Sketch (if needed) / Description: (Public/Private) ( Road( Drainage /Water /Sewer/Trai VPark/Fac it i ty) (Mass/RoughiWelim inaryTrec ise) (Erosion ControVPlanting & Irrigation) Public Inquiry/Proposal Our Approval O Signature ❑ Information Cl (Position) 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (760) 633- 260o/FAX (760) 633 -2627 / TDD (760) 633 -2700 1SG /ARR/INn Trans doc;02 It 99 1 cf I \Z/,, /C) Z Qn Sokt—s �Q� L-E5;)C� \\/\,9/0-2- L w_q BRIA POLLEY LAND SURVEYING, INC. Licensed Land Surveyor No., 4670 LAND SURVEYOR & CIVIL ENGINEERS 656 METCALF STREET, ESCONDIDO, CALIFORNIA 92025 TELEPHONE: (760) 745 -3805 FACSIMILE: (760) 745-3792 CITY OF ENCINITAS CONSTRUCTION BOND ESTIMATE 12/5/2002 FOR f;RADING DRAINAGF IMPROVFMFNTS WITHIN THE PUBLIC R/W THIS IS AN ESTIMATE OF BOND COSTS ONLY ANU IS FUR I HL SOLE USE OF I a I Y Ur tNL INI I Ho IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRU ,OR PAYMENT PURPOSES. THIS ESTIMATE IS BASED ON THE CITY OF ENCINITAS UNIT PRICE LIST FO f°f TING SUBDIVISIONS AND PERMIT BONDS DATED MAY 1, 1999. UJI IiO. 41,182 Cr Exp. �fo �P BY:I DATE: Z'OL-UZ� `I,� clVi Qom` ICHARD E. BERG lF OF R.C.E. 41,782 EXPIRES 3 -31 -04 LAND PLANNING & SURVEYING • PROPERTY DEVELOPMENT ENGINEERING • CONSTRUCTION STAKING DESCRIPTION CITY. UNIT UNIT PRICE COST PUBLIC IMPROVEMENT BOND 6" PCC CURB & GUTTER 46 LF 13.75 633 4" PCC SIDEWALK 378 SF 3.65 1,380 CURB OUTLET PER D -25 1 EA 2,240.00 2,240 4" A.C. PAVING 1,450 SF 1.65 2,393 6" BASE 1,450 SF 0.90 1,305 EPARATION OF SUBGRADE 1,450 SF 0.40 580 SAWCUT 140 LF 3.00 420 PCC DRIVEWAY 120 SF 3.95 474 FIRE HYDRANT 1 EA 2,000.00 2,000 4" WATER VALVE 1 EA 525.00 525 4" WATER LINE 28 LF 28.00 784 v 6" SEWER LINE 35 LF 55.00 1,925 R� N SEWER MANHOLE 1 EA 4,000.00 4,000 TRENCH RE- SURFACING 82 SF 2.00 164 TOTAL PUBLIC IMPROVEMENTS 18,822 10% CONTIGENCY 1,882 REQUIRED PUBLIC IMPROVEMENT BOND $ 20,704 GRADING AND DRAINAGE BOND PRIVATE 6" PVC STORM DRAIN 240 LF 37.00 8,880 PRIVATE 8" PVC STORM DRAIN 40 LF 37.00 1,480 PRIVATE 10" PVC STORM DRAIN 150 LF 37.00 5,550 12X12 BROOKS BOX 6 EA 300.00 1,800 NO. 3 BACKING RIP -RAP 1 CY 150.00 150 PCC RIBBON GUTTER 56 LF 15.00 840 4" A.C. PAVING 11,950 SF 1.65 19,718 6" BASE 11,950 SF 0.90 10,755 PREPARATION OF SUBGRADE 11,950 SF 0.40 4,780 TYPE C -3 CMU RETAINING WALL 1,050 SF 28.00 29,400 EXCAVATION 1,200 CY 4.10 4,920 SANDBAGS 200 EA 2.00 400 TOTAL GRADING & DRAINAGE 88,673 10 %CONTIGENCY 8,867 REQUIRED GRADING AND DRAINAGE BOND $ 97,540 GRAND TOTAL AL . ONDS $ 118,244 THIS IS AN ESTIMATE OF BOND COSTS ONLY ANU IS FUR I HL SOLE USE OF I a I Y Ur tNL INI I Ho IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRU ,OR PAYMENT PURPOSES. THIS ESTIMATE IS BASED ON THE CITY OF ENCINITAS UNIT PRICE LIST FO f°f TING SUBDIVISIONS AND PERMIT BONDS DATED MAY 1, 1999. UJI IiO. 41,182 Cr Exp. �fo �P BY:I DATE: Z'OL-UZ� `I,� clVi Qom` ICHARD E. BERG lF OF R.C.E. 41,782 EXPIRES 3 -31 -04 LAND PLANNING & SURVEYING • PROPERTY DEVELOPMENT ENGINEERING • CONSTRUCTION STAKING CITY OF ENCINITAS Engineering Services Department I, { 505 South Vulcan Avenue Encinitas, Ca. 92024 -3633 Phone (760) 633 -2770 Fax (760) 633 -2818 This boa nor Engineering Dept use only. FAX Fax Date: Note to Engineer of Work: The department indicated below From: Plancheck Staff, Engineering Department has issued plancheck comments on a project currently To: in process with the City. Please contact the planchecker Engineer oJWork/Contact Person Fax: ( ) - listed below with any Ph: ( ) - questions. Transmitted To: Transmittal Date: SDWD ❑ Fire ❑ Parks & Rec. ❑ Planning & Bldg ❑ Public Works ❑ File Geotech review 11 (see reverse) Other Transmitted By: Other ❑ Proiect Info: Drawing #: D Owner Descnp0621�� q Case # ��.� /�/ Tf%, Site Address: Grading Impv ❑ Map (FM, PMX, Other 11 ❑ As -built cc APN: Planchec # 1 2 3 4 5 6 mylars PI ncheck G merits:�n � � _ /'� (fie L To discuss these comments, please contact: Planchecker: at Phone # CITY OF ENCINITAS Engineering Services Department 505 South Vulcan Avenue Encinitas, Ca. 92024 -3633 Phone (760) 633 -2770 Fax (760) 633 -2818 This box for Engineering Dept use only FAX Fax Date: Note to Engineer of Work: The department indicated below Fr eck St sneering Department has issued plancheck comments on a project currently To• in process with the City. Please contact the planchecker Engineer aWorW Contad Person Fax: ( ) - listed below with any / Ph: (7�0 questions. T`ansmttted Transmittal Date: SDWD ❑ Fire ❑ Parks & Rec. ❑ Planning & Bldg ❑ Public Works ❑ File Geotech review ❑ Engineering (see reverse) Transm_ y: Other ❑ Transmitted B Project lnfo< Drawing #: Owner/ Descrip: Case # —�� Site Address: Grading ❑ Impv ❑ Map (FM, PM)❑ Other As -built ❑ CC APN: Planche 3 4 5 mylars Plancheck Comments: �� 4- 7LO�'e� y� To discuss these comments, please contact: Planchecker: at Phone # CITY OF ENCINITAS Engineering Services Department 505 South Vulcan Avenue Encinitas, Ca. 92024 -3633 Phone (760) 633 -2770 Fax (760) 633 -2818 Transmitted to Engineering Planchecker: Soils Report ❑ Cost Estimate Covenants ❑ Recording Fee Resolution ❑ Permission to Grade Set/ Calcs for SMR ❑ Additional Comments: ❑ Title Report ❑ ❑ Hydrology Report Cl ❑ Tentative Map/ PM ❑ impervious Surface Statement ❑ 6 11 CITY OF ENCPOTAS Engineering Services Department - 505 South Vulcan Avenue Encinitas, Ca. 92024 -3633 Phone (760) 633 -2770 Fax (760) 633 -2818 TRANSMITTAL LETTER To: Williamson Engineers Attn: John Williamson Phone: 760 - 489 -9801 Owner: Keith Wagner Site Address: 1415 Vulcan Ave APN: 254 - 053 -19 Date: 9/27/05 From: Duane Thompson Subdivision Engineering Phone: (760) 633 -2783 Drawing #: 6080 -G Planning Case #: 98 -189 TM Plancheck cc2 Engineering Comments: Minor correction to construction change /as- builts. Please obtain water department's signature. Example of letter from new engineer of work, please have John Williams prepare letter assuming responsibility for the grading plan, sign, and return to the City. Please Return: Mylars signed by all departments except Engineering and 2 print sets. Copies To: File Via: MessengVf - Mail D Fax O Other O Received By: Date: Title: Lo ation: Ph: 08/24/2005 09:48 FAX 7609443342 WAGNER PROPERTIES IM 003 /003 Date: c%ZI� 5 City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Re: Tract: 7-41 99 AP?9 Drawing Number: Project Name: T145 /�GN /1 /4/17 VaL c4v .4i14:5V'V 5 New Engineer of Work In accordance with Section 23.24 -360 of the Encinitas Municipal Code, please be advised that in reference to the above stated plans, GC O /,ycr.;Lr (Engineering firm), oN/J .4. W /ANION , as new Engineer of Work, assumes all responsibility and liability for the drawings, and the items as outlined on Declaration of Responsible Charge as shown on plans (,OeO —/ t= Gdu °v—G. Engineering Firm Name W /t.� l.etfly /�+ cN CiN�c2f 1-0e/� I v�Vame ./oH.� 4, W/"14AfJiN Title iv ,ZLr/OuvT g: Debralrelease— responsibility YI. (Seal) No. 796 7 x9 -3-06 'f P CIVIL 08/24/2005 10 -.53 FAX 7609443342 WAGNER PROPERTIES ® 0021002 Date: Yi "21 - u City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Re: Tract T. M • q it —( "3 9 Drawing Number: (nO Ff1[) Project Name. TA IC rALrns t415 r-+. V ui-LAN Release of Responsibility In accordance with Section 23.24 -360 of the Encinitas Municipal Code, please be advised that in reference to the above stated plans, we release all responsibility for these plans and relinquish all as stated in Declaration of Responsible Charge as shown on plans. Engineering Firm Name Name Title Coca(01'r—T g: Deora /release_respons oility q (Seal) �, No. 41,787 i ; Exp. ;( /ab Civil CITY OF ENCINITAS Engineering Services Department- 505 South Vulcan Avenue Encinitas, Ca. 92024 -3633 Phone (760) 633 -2770 Fax (760) 633 -2818 TRANSMITTAL LETTER To: Williamson Engineers Attn: John Williamson Phone: 760 -489 -9801 Owner: Keith Wagner Site Address: 1415 Vulcan Ave APN: 254 - 053 -19 Date: 9/27/05 From: Duane Thompson Subdivision Engineering Phone: (760) 633 -2783 Drawing #: 6080 -G Planning Case #: 98 -189 TM Plancheck cc2 Engineering Comments: Minor correction to construction change /as- builts. Please obtain water department's signature. Example of letter from new engineer of work, please have John Williams prepare letter assuming responsibility for the grading plan, sign, and return to the City. Please Return: Mylars signed by all departments except Engineering and 2 print sets. Copies To: File Via: Messeng - Mail Fax O Other O Received By: Date: Title: Lo ation: Ph: s CITY OF ENCINITAS Engineering Services Department 505 South Vulcan Avenue Encinitas, Ca. 92024 -3633 Phone (760) 633 -2770 Fax (760) 633 -2818 nis box for Engineering Dept use only FAX Fax Date: Note to Engineer of Work: The department indicated below From: Plancheck Staff, Engineering Department has issued plancheck comments on a project currently To: in process with the City. Please contact the planchecker Engineer of world Contact Person Fax: ( ) listed below with any Ph: ( ) - questions. Transmittal Date: SDWD ❑ Fire ❑ Planning & Bldg ❑ Public Works ❑ Geotech review ❑ Transmitted By: Other ProiectInfo: Owners escrip: Site Address: Plancheck Comments: To discuss these comments, please contact: Planchecker: Drawing #: Case # Grading Map (FM, PM)❑ As -built ❑ Parks & Rec. ❑ File Engineering (see reverse) at Phone # Impv ❑ Other O / CC 2k 3 4 5 6 mylars E EERINv DEPARTMENT APPLICANT FEES, ION FORM DAT LPL PERMIT NUMBER0" APPLICANT NAME APPLICANT ADDRESS /2// DESCRIPTION AMOUNT CODE ACCOUNT NUMBER � Agreement/Covenant -- AC 101- 0000 - 345 -0100 CN 101- 0000- 345 -0200 Construction E 101- 0000 - 345 -0400 Exempt Organizations GR 101- 0000 - 345 -0700 Grading Plancheck G 101.0000- 345 -0800 Grading Inspection FM 101 -0000- 345 -0500 Final Map Processing PM 101 - 0000- 345 -0800 Parcel Map Processing Permanent Encroachment PE 101- 0000 - 345 -1100 Improvement Plancheck _ - IR 101- 0000 - 345 -0900 II 101- 0000 - 345 -1100 improvement Inspection Temporary Encroachment TE 101 -0000- 345 -1200 VA 101 -0000- 345 -1500 Street Vacation SN 101- 0000 - 345 -1300 Street Name Change PN 101- 0000- 345 -2100 A.P.N. Report SY 101- 0000 - 218 -0000 Security Deposit MR 101- 6010.451 -4240 Structural _ TOTAL Receipt # Check # �O Cashier Initials Permit CITY OF ENCINITAS Engineering Services Department 505 South Vulcan Avenue Encinitas, Ca. 92024 -3633 Phone (760) 633 -2770 Fax (760) 633 -2818 This box for Engineering Dept use only Note to Engineer of Work: FAX Fax Date: The department indicated below From: Plancheck Staff, Engineering Department has issued Plancheck comments on a project currently To: zarzz in process with the City. Please contact the planchecker Engil or Work/ Confect Person Fax: ( ) - listed below with any Ph: ( ) questions. Transmitted To: Transmittal Date: SDWD ❑ Fire ❑ Parks & Rec. ❑ Planning & Bldg ❑ Public Works ❑ File Geotech review 13 (see (see reverse) Transmitted By: Other ❑ ProiectInfo: Drawing #: / Owner/ De Case# Site Address: �� Grading 11 Impv Map (FM, PM)❑ Other ❑ As -built ❑ CC ❑ APN: �/ iy-2 �4 Planchec 2 3 4 5 6 mylars Plancheck mments: To discuss these comments, please contact: at Phone # Planchecker: CITY OF ENCINITAS Engineering Services Department i 505 South Vulcan Avenue Encinitas, Co. 920243633 Phone (760) 633 -2770 Fax (760) 633 -2818 Transmitted to Engineering Planchecker: Soils Report ❑ Cost Estimate ❑ Title Report ❑ Covenants ❑ Recording Fee Cl Hydrology Report ❑ Resolution ❑ Permission to Grade Cl Tentative Map/ PM ❑ Set/ Calcs for SMR ❑ Impervious Surface Statement ❑ Additional Comments: 08/24/2005 09.48 FAX 7609443342 WAGNER PROPERTIES 1a003/003 Date: City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Re: Tract / /:7 9B J � Drawing Number: Project Name: 141y V vLC4M New Engineer of Work In accordance with Section 23.24 -360 of the Encinitas Municipal Code, please be advised that in reference to the above stated plans, W!u-IAM,fJIJ jC5I IA16i:, (Engineering firm)JVNU 4. 1441&u m_fm , as new Engineer of Work, assumes all responsibility and liability for the drawings, and the items as outlined on Declaration of Responsible Charge as shown on plans LOei7 -! £ 6045'0-6. Engineering Finn Name (,4/ /C.L /,4N1loN CNG /N�L� O'er 2ru?: 4 � ame ,/,91//j .4, Wl 11.4NWOAI Title Pee r /OwT g: Debralrelease— responsibility (Seal) No. 7967 2 s he (2 9.30 -at 4 If CIVIL T CF CAO Fus 24 05 00:41a R E Barg Engineering 760 599 9041 P.1 OS/24/2005 10 53 FAX 76064433/ WAGNER PROPERTIES W1002/002 Date: `(1 --- -3 ' u City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Re: Tract Drawing Number: fO Project Name: I h(- Release of Responsibility In accordance with Section 23.24 -360 of the Encinitas Municipal Code, please be advised that in reference to the above stated plans, we release all responsibility for these plans and relinquish all as stated in Declaration of Responsible Charge as shown on plans. pEngineering Firm Name 2lr !`IL2.tAJL Name Title g: Debra /release_responsiDili ty 3 it / s Seal) r.+ t PIG. 4! 782 A, bin a9'. ,.r -. ;5s Xy C" Y O F E N C I N I" - Er EERING SERVICES DEPARTME' 505 S. VULCAN AVE. ENCINITAS, CA 92024 IMPROVEMENT PERMIT PERMIT NO.: 6_i80II PARCEL NO. : 254- 053 -1900 JOB SITE ADDRESS: 1415 N. VULCAN AVE. APPLICANT NAME THE PALMS AT N. VULCAN AVE., MAILING ADDRESS: 1415 N. VULCAN AVE. CITY: ENCINITAS STATE: CA ZIP CONTRACTOR : CHRISTINA ENGINEERING LICENSE NO.: 764601 INSURANCE COMPANY NAME: HARTFORD INSURANCE CO. POLICY NO. : GS306253 ENGINEER : BRI Y LAND SURVEYING PERMIT DATE: PERM XP. DATE: 3/11/ PERMIT ISSUED INSP TOR: RONALD QUIGG ERMIT FEES 6 DEPOSITS PLAN NC.: 6080 -I CASE NO.: 98189 j TM LLC. PHONE NO.: 760- 436 -7702 92024- PHONE NO.: 760-839 -2229 LICENSE TYPE: A POLICY EXP. DATE: 3/11/04 PHONE NO.: 760- 745 -3805 1. PERMIT FEE .00 2. PLAN CHECK DEPOSIT: 00 3. INSPECTION FEE 1,035.00 4. INSPECTION DEPOSIT: .00 5. PLAN CHECK FEE .00 6. SECURITY DEPOSIT 20,700.00 7. FLOOD CONTROL FEE .00 8. TRAFFIC FEE .00 -------- -------- --- - - - - -- DESCRIPTION OF WORK ------------------------------- PERMIT ISSUED FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN PUBLIC R/W PER APPROVED PLAN 6080-I. CONTRACTOR TO MAINTAIN TRAFFIC CONTROL PER W.A.T.C.H. STANDARDS OR CITY APPROVED TRAFFIC CONTROL PLAN. LETTER DATED 1/20/04 APPLIES. - - -- INSPECTION ----------- ----- INITIAL INSPECTION FINAL INSPECTION DATE -- - - ---- INSPECTOR'S SIGNATURE - - -- AS- BUILTS AND ONE YEAR WARRANTY RETENTION REQUIRED. I HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION IS TRUE. SIGNATURE PRINT NAME CIRCLE ONE: 1. OWN 2. AGENT 3. DATE 8IGNED TELEPHONE NUMBER Y O F E N C I N I T A EN EERING SERVICES DEPAF.TMEI 505 S. VULCAN AVE. ENCINITAS, CA 92024 GRADING PERMIT PERMIT NO.: 6080GI PARCEL NO. : 254 -053 -1900 JOB SITE ADDRESS: 1415 N. VULCAN AVE APPLICANT NAME THE PALMS AT N. VULCAN AVE., MAILING ADDRESS: 1615 NEPTUNE AVE CITY: ENCINITAS STATE: CA ZIP CONTRACTOR : CHRISTINA ENGINEERING LICENSE NO.: 764601 ENGINEER : BRIAN POLLY LAND SURVEYING PERMIT ISSUE D PERMIT EXP. DATE: 3/11 PERMIT ISSUED INSPECTOR (ONALD QUIGG ------- - - - - -- --- - - - - -- PERMIT FEES & DEPOSITS PLAN NO.: 6080 -G CASE NO.: 98189 / TM LLC. PHONE NO.: 760- 436 -7702 92024- PHONE NO.: 760- 839 -2229 LICENSE TYPE: A PHONE NO.: 760 -745 -3805 1. PERMIT FEE .00 2. PLAN CHECK DEPOSIT: .00 3. INSPECTION FEE 4,512.00 4. INSPECTION DEPOSIT: .00 5. PLAN CHECK FEE .00 6. SECURITY DEPOSIT 97,500.00 7. FLOOD CONTROL FEE 3,360.00 8. TRAFFIC FEE .00 -- --- ---------- ---- - - - - -- DESCRIPTION OF WORK - ----- ----- -------------- - - - - -- PERMIT ISSUED TO VERIFY PERFORMANCE OF GRADES AND DRAINAGE PER APPROVED PLAN 6080 -G. CONTRACTOR TO MAINTAIN TRAFFIC CONTROL PER W.A.T.C.H. STANDARDS OR CITY APPROVED TRAFFIC CONTROL PLAN. LETTER DATED 01120104 APPLIES. - - -- INSPECTION ----- ----- - -- --- DATE -- - - - - -- INSPECTOR'S SIGNATURE - - -- INITIAL INSPECTION COMPACTION REPORT RECEIVED ENGINEER CERT. RECEIVED ROUGH GRADING INSPECTION FINAL INSPECTION I HEREBY ACKNOWLEDGE THAT I HAVE READ THE APPLICATION AND STATE THAT THE INFORMATION IS CORRECT AND AGREE TO COMPLY WITH ALL CITY ORDINANCES AND STATE LAWS REGULATING EXCAVATING AND GRADING, AND THE PROVISIONS AND CONDITIONS OF ANY PERMIT ISSUED PURSUANT TO THIS APPLICATION. SIGNATURE \' ' � W IC PRINT NAME r T P 0 T 7 nNA 7 AGFNT ? nTHFR DATE SIGNED '1Q - -77 ° TELEPHONE NUMBER FEB -02 -04 t rt- aar , . i l i ' H8� Ur ho St)S nil e I 04:03 PM 14:45 C W AND TRUST CALEFORNIA BANK & TRUST Ine.te e madon. al Operations 550 Sauth Hp Sact, 3 rd Flo or Catlforela 90071 .0 SLWAT1aCALBUS66 FAX N0. 13 593 2144 Standby Le r of Credit February 2, 2004 IRREVOCABLE STANDBY LETTER OF CREDIT NO. SS99 -9169 IAKY; EXPIRATION: ENCINITAS January 30, 2005 or any sutonurically i MANAGER extended date it herein below set forth ,p VULCAN AVENUE AS. CA 92024 AMOUNT: USD19,500.00 � t b Located et 1415 Vulcae, FAcinam, CA IwMadarn : I � At the request of THE PALMS AT N. VULCAN Ll C, 1615 NRMVNE AVENUE, ENCTNITAS, CA 9,2044, we hereby e,t-blish our Irrevocable Standby Letter of Credit in your favor up to an aggrtgale amount o! Nineteen Thousand Five Hundred USDOLLARS (USX) 19,500.00). This credit is available for payment against lisese wion of your d aft(s) at Sight drawn on 6%LaORN1A BANK &ND TRUST, birwing the clause: "Drawn tinder credit No SE99 9169 of CALIFORNIA BANK AND TRUST, Los Angeles, California" accompamcd by the following documents, , 4 � 'I 'i I Y° I' � w � S i i t ( I '.1 I '1 This orlems.1 Letter of Credit and arnendment(s) thereto, if any, which will be returned to you following our notation thereon of the amount of such draft drawn hereunder. If the amount of the draft is for the full amount of this Letter of Croda, the original Lester of Credit will be retained by us. P. 01 P.02 Renefictary's certificate duly signed by the City Engineer of the City of Encinitas in form and of content Its set R.mh in the attached Exhibit A or Exhibit B (a "Certificate "). a cnnditiou of this Letter of Credit that it shall be deemed automatically extended, without wrrendment, for one from the expiration date hereof, or any futon expiration date, unless at least ninety (90) days prior to ouch ndioe date. we notify you in Writing, by cer0ed awl! or courier evrvice that we elect not to renew this Letter of gi for any additional period. 1 is ivebt of a drawimr, all documrntr must bo dispasched in one lot by regiataed mail of courier services directly alieeraia !tank & Tru:t, tnic"atioml Operations, 550 South Hope Sbed, 3rd Floor, Los Angeles, CA 90071. Standby Letter of Credit expires at the counters of Califomia Hank & Treat, Los Angeles, at the close of am ou tAe expiration date, or any automatically extended date. set have any questions concerning this transaction, please call us at (213) 593 -2131, (213) 593.2I30 or (213) Credit expires during as Interruption of business as dumbed in Article 17 of the Intertutionat Chiunber of iurce (Publication No 500). the bank hereby specifically agrees to often payment if this Onedlt Is drawn I within 30 days after the resumption of business. FEB-02- FEE li I 04 MM 04:04 PM FAX NO. P. 02 4446 c 4t PUID TRIM? 113 593 2144 P.03 cr,4 C;edit No. S999-9169 ed-ftguary 2, 2004 ' he I ft stree wilt; ym Thai all drall(l) drawn un&r and in Comrilianfo With the Igms of 11116 letter Of uedit will 060red upon pno,intaWn to us as spoclried heroin. IMS CREDIT IS SUBJECT TO TRF UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY QtP.DITS (1993 REVISION). D;TMATTr)"` r"IAMBER OF COMMERCE, PUBLICATION NO. 500. Sin Y, M X !A Am President I. II I 1 111 is 1 FEB -02 -04 MON 04:04 PM ?_- M 14:46 p i I � I i 'I i I ' �i. t i r' Y' 1 t � t FAX NO. C M AND TRUST MIEIT A CERTIFICATE OF CITY ENGINEER P. 03 213 593 2144 P.04 ;q California Beak & Tnut Lltemadoro[ Operations 350 So. Hope Strca. 3rd Floor Los Angeles, CA 90071 RE: (Insert Propca , ' -,anon or Project Description] • • I Letter of Credit No SB99 -9169 t• T, that nuae) da hereby eettify that I am the City Engineer of the City of Fauinitas and do fucthw certify tint: (1). i The Palms at N vulcoo LLC has tot satisfactarlly complied M•ith the tams and conditions of that certain 'do r�aratlt (the "Covorme') regarding real property publiclptivak improvements required as a condition of 6e (e p. v'"oco, use permit, other entidement, or subdivision) dated _; and i The C'ovcantu rmnuina ot:tstandmg and In full fora and effect as of the date horoef. i l ' I i I I : t ' 1 1 ' • t�l 1 I I 1 i } 'i City En;lueer of the City of Encinitas 1� FEB -02 FEB i I I ' ' 1 • i i i I I �i i :J , i I; • -04 MON 04:05 PM FAX NO. P. 04 02-2004 14:47 C it IK Po ID TRUST 213 553 2144 P.05 - ! EXHIBIT B CERTIFICATE OF CITY ENGINEER i C?lifornia Dank & Tntst 'I 1nt*r aoaaal Operations j 550 So. Hope Street, 3rd Floor Los Angeles, CA 90071 '. RF [loam property Location or Project Description] Letter of Credit No, SB99.9169 I� I 1 [ asen uaroe] do bcmby ccr* that 1 am the City Eagioeer of the City of Encinitas and do fwther certify that: the . at�wt of the drawing against California Hank & Tnut Letter of Credii No. SB99.9169 in the principal amotmt of [insert amount in wotdsj Dollars (USD _ r.) is being made solely due to the fact the Letter of credit shall oxpiro within 90 days, or Iwn, end has not been renewed or replaced by The Pabw at N. Vulcan I.I.C. The original I.enor of Credit, totvilier with nll other required dvcumrntation, are herewith enclosed and said Letter of Credit is to be { aaaalled, upon rewipt and payment drawn for the full amount available under said Letter of Credit. .c t I 11 ,. ;r i I• , City Engineer of the City of Encinitas i �I TUTAL P.07 �I Ir Bond No. 21251 93 Premium: $290.00 PREMIUM IS BASED ON A 2 -YEAR TERM Bond For Faithful Performance (Public Road and Drainage) WHEREAS, the CITY OF ENCINITAS, State of California, and THE PALMS AT N. VULCAN, LLC (hereinafter designated as "principal') have entered into an agreement whereby principal agrees to install and complete certain designated public improvements identified as project THE PALMS, 1415 VULCAN AVENUE, A.P.N. 254 - 053 -19,is hereby referred to and made a part hereof: and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST, as surety, are held and firmly bound unto the CITY OF ENCINITAS , in the penal sum of TWENTY THOUSAND SEVEN HUNDRED AND NO /100THS--- dollars ($20,700.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY OF ENCINITAS, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In witness whereof, this instrument has been duly executed by the principal and surety above named, on JANUARY 23, 2004 THE PALMS AT N. VULCAN, LLC INSURANCE COMPANY OF THE WEST (Principal) (Sure, Dale G. Harshaw, Attorney -In -Fact CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San Diego On January 26, 2004 before me, Tara Bacon, Notary Public Date NAME, TITLE OF OFFICER - E.G. -JANE DOE, NOTARY PUBLIC' personally appeared Keith W. Wagner NAMES(S) OF SIGNER(S) personally known to me OR proved to me on the basis of satisfactory evidence to be the person(-s) whose name(&) is /are subscribed to the within instrument and acknowledged to me that he /she/{Hey �d Tn BACON executed the same in his /h COMM. #1303300 capacity(aes) and that by his /hecCUieir q NOTARY PUBLIC- CALIFORNIAN N OAS t'4 ; signature(s) on the instrument the person(&) U . !A t'4 y'WonFxpires or the entity upon behalf of which the pI AAAV A, 2005 y p person(s) acted executed the instrument. 7 WITN S my hand and official seal. � l ,, �`�Q SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE State of California ) County of San Diego ) On January 23, 2004 before me, Tara Bacon, NojM Public, personally appeared Dale G. Harshaw, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. TARA BACON COMM. #1303300 n H. NOTARY PUBLIC- CAUyFORNIA N U U �CoMMw14w�ExpUes Y MAY 4, 2005 �r - "° �.� Na. 0001354 1CW CROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint DALE G. HARSRAW, DEBRA J. NIEMEYER, CAROLYN M. KERL, JACK G. LUPIEN, JOHN C. STARICH, TARA BACON their true and lawful Attomey(s) -in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. ,�sp4arMr� John H. sMSVq �'u!� o BE/ll ., q .s s `� o ;raig, Assistant Secretary State of California it County of San Diego i ss• INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hausman, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subsdibed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instmment, the entity upon behalf of which the persons acted, executed the instmmenl. Witness my hand and official seal. NORMA PORTER 1. COMM. U _ - _ 40 INOTARY FUMG CALIFORNI A T000LKU MY a i. Ea p N ' MARCH 19, 2004 Norma Portcr, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company. together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attoroey(s) -m -Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and suety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and die signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, Tray be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I. the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN W nNESS WHEREOF, 1 have set my hand this 23RD day of JANUARY ///}" - / /j/ /(� —_ y , 2DO4 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 -800 -877 -1111 and ask for the Surety Division. Please mfer to the Power of Attorney Number, the above named individuals) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Croup, 1 1455 F.) Camino Real, San Diego, CA 92130 -2045 or call (858) 350.2400. I.C.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real, San Diego, CA 92130.2045 P.O. BOX 85563, San Diego, CA 92186 -5563 (858) 350 -2400 FAX (858) 350 -2707 w .imgroup.com Bond Number: 212 51 93 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety: Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar ($1.00). Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually. Bond No. 21251 92 Premium: $1,092.00 PREMIUM IS BASED ON A 2 -YEAR TERM Bond For Faithful Performance (Grading) WHEREAS, the CITY OF ENCINITAS, State of California, and THE PALMS AT N. VULCAN, LLC (hereinafter designated as "principal') have entered into an agreement whereby principal agrees to install and complete certain designated public improvements identified as project THE PALMS, 1415 VULCAN AVENUE, GRADING APPLICATION NO. 6080 -GR PC98 -189 FM /GR/IR, A.P.N. 254 - 053 -19,is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST, as surety, are held and firmly bound unto the CITY OF ENCINITAS , in the penal sum of SEVENTY -EIGHT THOUSAND AND NO /100THS --- dollars ($78,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY OF ENCINITAS, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void: otherwise it shall be and remain in full force and effect. In witness whereof, this instrument has been duly executed by the principal and surety above named, on JANUARY 23, 2004 THE PALMS AT N. VULCAN LLC INSURANCE COMPANY OF THE WEST (Principal) (Sure y) Dale G. Harshaw, Attorney -In -Fact CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San Diego On January 26, 2004 Date personally appeared ❑ personally known to me before me, Tara Bacon, Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC" Keith W. Wagner NAMES(S) OF SIGNERS) OR - Q proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they •�= • - �.N�» executed the same in his /her /their authorized "OMM. #18033C0 capacity(ies) and that by his /her /their rU �� *TARYFUBUC- CAUFCRYIA� signature(s) on the instrument the person(s) SAN OIEGO,COUNTf U . .'AyCommisswnFxpires or the entity upon behalf of which the M.ar a, zoos Y P ....^.�.,�,� -. person(s) acted executed the instrument. WITNE my hand and official seal. SIGNATURE F NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE State of California-) County of San Diego) On January 23, 2004 before me, Tara Bacon, Notary Public, personally appeared Dale G. Harshaw, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ) O-A 12 6CL ' COMM. #1303300 n y NOTARY PUBLIC- CAUFORMA r/+ : SANOIEGO,CCUNTY V My Commission Expires �._. MAY 4. 200 No. 0001354 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS That Insurance Company of the West, a Corporation duly organized under die laws of the State of California, The Explorer Insurance Company. a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the Stale of Texas, (collectively referred to as the "Companies'), do hereby appoint DALE G. RARSHAW, DEBRA J. NIEMEYER, CAROLYN M. KERL, JACK G. LUPIEN, JOHN C. STARICH, TARA BACON then true and lawful Attomey(s).in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. ON WITNESS W HEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. �� ouraw ' °�rPVO4'4�Pw � � o 2 SEAL _ n a John H. Craig, Assistant Secretary State of California ll County of San Diego I &S, INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. C`0' ''CI COMM. #1257540 pp U NnrAXY HIaLiGCAIIFORWA N SAN orrunDIEGO COUM r. MARCH 19. 2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the persons) named as Attomey(s) -in -Fact to date, execute, sign, seal, and deliver on behalf ofthe Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and cumatt status of the appointment, maybe facsimile representations of those signatures; grid the signature and seal of any notary, and the seal of the Company, may he facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may he affixed by stamping. printing, typing, or photocopying." CERTIFICATE L the undersigned. Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full for and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 23RD day of JANUARY 2004 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call I-S00 -577 -I 111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11 455 El Cainiuw Real, San Diego, CA 92110 -2045 or call (855) 350-2400. I.C.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real, San Diego, CA 92130 -2045 P.O. BOX 85563, San Diego, CA 92186 -5563 (858) 350 -2400 FAX (858) 350 -2707 ww A. group.com Bond Number: 212 51 92 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar ($1.00). Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually. ENGINEERING DEPP%r<TMENT APPLICANT FEES ACTION FORM �bq6 _SY 4TE d^ O_�_ PERMIT NUMBER L-6 G�J — � � ICANT NAME APPLICANT ADDRESS /2 DESCRIPTION AMOUNT CODE ACCOUNT NUMBER Agreement/Covenant Construction Exempt Organizations Grading Plancheck Grading Inspection Final Map Processing Parcel Map Processing Permanent Encroachment Improvement Plancheck Improvement Inspection Temporary Encroachment Street Vacation Street Name Change A.P.N. Re rt erS ur� eposit r 9 Structural TOTAL Permit Coordinator t #: #: ln,� r Initials AC 101 -0000- 345 -0100 CN 101 -0000 - 345 -0200 EX 101 -0000- 345 -0400 GR 101 -0000- 345 -0700 GI 101 -0000 - 345 -0800 FM 101 -0000 - 345 -0500 PM 101 -0000 - 345 -0600 PE 101 -0000 -345 -1100 IR 101 -0000 - 345 -0900 d II 101 -0000- 345 -1000 TE 101 -0000- 345 -1200 VA 101 -0000- 345 -1500 SN 101.0000- 345 -1300 PN 101 -0000- 345 -2100 SY 101 - 0000.218 -0000 MR 101 - 6010451 -0240 TOTAL Permit Coordinator t #: #: ln,� r Initials ENGINEERING SERVICES DEPARTMENT INTRADEPARTMENTAL TRANSMITTAL FORM Copilot Improvement Pmjec District Support S,icr Fleld Operatior Subrfvision Engineerin Traffic Engineerin T Capital Improvement Projects (CIP) ❑ Subdivision Engineering (SE)/14 Traffic Engineering (TE) E O District Support Servj s C_,,: D) I Office of the Director (N 1) C] Operations (FO) E] A r^- DATE: —I _L /I /© --1— Regarding (Finance Number i. 0$0 - G) DEPOSIT/FEE rpm (Finance Number ) DEPOSIT/FEE "-L4 (Finance Number _� DEPOSIT/FEE APN: Transmitted a9 following: Final Parcel Map ❑ Final Map ❑ Submittal/Amended/Corrected Proposed ❑ Corrected ❑ Approved ❑ Interoffice Memo* O Blueline/Red -lined ❑ Checkprint ❑ Original ❑ Certificate ❑ Approved TWFPM ❑ Resolution of Approval ❑ Coastal Permit ❑ Preliminary Title Report ❑ Guarantee ❑ Tax Certificate D Copies of all documents listed in preliminary title reportNesting Deed ❑ Traverse Calculations ❑ Reference Maps ❑ Letter Re: Access ❑ Corporate/Partnership Papers ❑ Property Appraisal O Utility Letter' ❑ Deferred Monumentation Letter ❑ Agency Letter: ❑ Legal Description ❑ Plat ❑ Recording Fee ❑ ❑ Easement re: Covenant re: Highway ❑ Trail O Improvements ❑ Sewer ❑ Park ❑ Impact Fees ❑ Drainage ❑ ❑ Assessments O Agreement re: ❑ Improvements ❑ Pvt. Rd. Maint. ❑ Improvement Plan ❑ SubmittaVPlan Change/As -Built Proposed ❑ Corrected Approved ❑ Mfg. Specs. ❑ Blueline/Reddined ❑ Checkprint ❑ Original ❑ Cross Sections ❑ Structural Calculations ❑ Cost Estimate ❑ Note: See other blocks for additiollall items, if any. Grading Plan C L bmittal/Plan Change /As -built Proposeected Approved ❑ cc Blueline/R linedo Checkprint ❑ Originals Hydraulic Calcula ions/Map ❑ Cost Estimate ❑ / S it Report Letter re: Permission to Grade ❑ Structural Calculations Note: See other blocks for additional items, if any. As Per... Submittal R uirementt;6 Our Conversation ❑ For Your... Reviev Use ❑ Approval ❑ ORIGINATOR: ! Z-- (Name) v� -- Comments/Additional Space for Document I) Response to Plancheck El 2) Miscellaneous Exhibit ❑ 3) Street Vacation Application ❑ 4) Street Name Change Application 5) Other 6) Copies to: Additional Notes: Effil • ( CD/ CS/ FIRF/SDWD /OMWD/LCWD /G &E/r /CATV) Sketch (if needed) / Description: (Public/Private) ( Road / Drainage /Water /Sewer/Trai VPark/Fac i I i ty) L yk'L )b ff-C- .— (Mass/Rough/Prel im inary/Prec i se) (Erosion Control/Planting & Irrigation) Public Inquiry/Proposal Our Approval Signature ❑ Information F (Porition) 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (760) 633- 26001FAX (760) 633 -2627 / TDD (760) 633.2700 1SG /ARR/In1ra_Trws. dot /02.11.99 1 of ENtr.NEERING SERVICES DEPARTMn, if INTRADEPARTMENTAL TRANSMITTAL FORM Capital Improvement Projects District Support Services Field Operations Subdivision Engineering Traffic Engineering T Capital Improvement Projects (CIP) ❑ Subdivision Engineering (SE) Traffic Engineering (TE) ❑ O District Support Services ( _D) ❑ Office of the Director (4 1) ❑ Field OOp— erations (FO) ❑ ATTENTION: t� DATE: � Regarding (Finance Number DEPOSIT E TP M /MUP MIN DR: (Finance Number DEPOS N: efZ (Finance Number DEPOSI EE Transmitted as following: Comments/Additional Space for Document Final Par el ap ❑ Final I)4'ap Submi mended/Corrected �Co ffice Memo' ❑ 1) Response to Plancheck ❑ 2) Miscellaneous Exhibit ❑ Proposed e d � App d ❑ 3) Street Vacation Application ❑ Blueline/Red- lined Checkprint, OriginCertificate Foastal Approved TM/TPM ❑ Resolution of Approval Permit ❑ 4) Street Name Change Application ❑ Preliminary Title Report il Guarantee Tax Certificate ❑ 5) Other ❑ 6) Copies to: � Copies of all documents Isted in preliminary tt le report/Vesting Deed ❑ Traverse Calculations ❑ Reference Maps ❑ Letter Re: Access ❑ Additional Notes: Corporate/Partnership Papers ❑ Property Appraisal ❑ Utility Letter' ❑ Deferred Monumentation Letter ❑ Agency Letter: ❑ Legal Description ❑ Plat ❑ Recording Fee ❑ ❑ Easement re: Covenant re: " (CD /CS SDWD/O 1WD/LCWD /G &E!r /CATV) Sketch (if n escription: Highway Trail ❑ Improvements Sewer Park ❑ Impact Fees Drainage ❑ ❑ Assessments Agreement re: X Improvements ❑ Pvt. Rd. Maint. Improveme Plan ubmitt Ian Change /As -Built Proposed Corrected Approve Mf . S cs. ❑ Blueline ed -lined ❑ Checkprint ❑ Origina Cross Sections ❑ Structural Calculations ❑ Cost sttmate x (Public/Private) Note: See other blocks for additio al items, if any. (Road/Drainage/Wa ter /Sewer /TraiVPark/Facility) Grading PSI n� bmitta an Change /As -built Proposed Corrected Appr ve cc ' Blueline/F ( ed- lined Checkprint Or a,� Hydraulic Calculat ons/Map ❑ Cost Estimate Sod Report ❑ Letter re: Permission to Grade C] Structural Calculations I��Jf (Mass/Rough/Preliminary/Precise) Note: See other blocks for additional items, if any. (Erosion Control/Planting & Irrigation) As Per... Submittal Requirements Our Conversation ❑ Public Inquiry/Proposal ❑ Our Approval ❑ For Your... Review Use ❑ Approval p Signature 11 Information ❑ ORIGINATOR: r (Na (Position) 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (760) 633- 2600 1FAX (760) 633 -2627 / TDD (760) 633 -2700 1SG /ARRAntra Trans. doc /02 11 .99 1 of I L. rINEERING SERVICES DEPAR. - -dNT INTERDEPARTMENTAL TRANSMITTAL FORM COp1101 Improvement Project, . District Support Service'. Field Operolion! Subdivision Engineerinc Troific Engineennc FROM: Cipital Improvement Projects (CIP) ❑ Subdivision Engineering (SE) A Traffic Engineering (TE) ❑ Dutrict Support Services C_D) E] Office of the Director (kl) ❑ Field Operations (FO) ❑ T Coi munity Development- Current Planning O Fire-Fire Prevention ATTENTION: an Dieguito Water District - Engineering & Planning / Community Services - Parks & Beaches DATE: % Regarding (Finance Number A &0 - EPOS TP TM/MUP IN/DR: 1 / (Finance Number DEPO (Finance Number DEPO gEE PN: Transmitted as following: "a Pare Map ❑ Final Map uK— ' Check heckvrint AApprovedCopy / Original / New or Revised 1 Plaa�_ Approved Copy / Original / New or Revised 4 Gr VP / Approved Copy /Original /New or Revised Other Application: (Type) (Check) Comments/Additional Space for Document: • (StafF/ Consultant /CD/F reSDWD/OMWD/LCWD) Sketch (if needed): (Public/Private) (Road/ Drainage /Water /Sewer/Trail/Pwk/Facility) Intermediate Description: Plan Change Description: (Mass/RougWNeliminary/Precise) (Erolion ControVPlanting & Irrigation) As Per... Our conversation ❑ My /your inquiry Our Review �`�Dt►r Inquiry C] Our Approval C] E) For your... Correction Comment Signature ❑ Information ❑ Uses Cl Please return -7f2 Z&kV Originator: Please call: Copies to: - 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (760) 633- 2770/FAX (760) 633- 28181TDD (760) 633 -2700 JSG /ARR/Intcr Trans dnrJ03 02 99 1 oft L INEERING SERVICES DEPART NT INTRADEPARTMENTAL TRANSMITTAL FORM Capital Improvement Projects District Support Services Field Operations Subdlvislon Engineering Traffic Engineering T Capital Improvement Projects (CIP) ❑ Subdivision Engineering (SE) A Traffic Engineering (TE) C] O District Support Services (_D) C] Office of the Director ( #1) ❑ Field Operations (FO) ❑ A=NTION: CN\J � DATE: 0' ( -:!!>o I O f �t Regarding (Finance Number POSI TPM1TM/MUP/MTN R: �U (Finance Number � DEPOSI tai e� " W &J1!I (Finance Number � DEPOSI E APN: - (0 S— 19 Transmitted at following: Comments/Additional Space for Document �� Final Parcel Map O Final Map bmitt mended/Corrected 1) Response to Plancheck ❑ Proposed El Corrected (3 A p ved ❑ Interoffice Memo* ❑ Blueline/Red -lined U, Checkprin Original ❑ Certificate ❑ 2) Miscellaneous Exhibit ❑ 3) Street Vacation Application ❑ Approved TMrTPM (J Resolution of pproval ❑ Coastal Permit ❑ Preliminary Title Repo Guarantee Tax Certificate ❑ 4) Street Name Change Application ❑ 5) Other ❑ Copies of all documents listed in prelim ary ti le report/Vesting Deed ❑ 6) Copies to:1 Traverse Calculations ❑ Reference Maps ❑ Letter Re: Access ❑ Additional Notes: Corporate/Partnership Papers p Property Appraisal ❑ Utility Letter" ❑ Deferred Monumersation Letter ❑ Agency Letter: ❑ Legal Description ❑ Plat ❑ Recording Fee ❑ ❑ Easement re: Covenant r(� 1 TV �1 Highway ❑ Trail ❑ improvemen x • (CD /CS/FIRE/SDWD /OM WD/LCWD /G &FIf /CATV) Sewer ❑ Park ❑ Impact Fees Sketch (if needed) / Description: Drainage ❑ ❑ Assessments A greement re: Improvements ❑ Pvt. Rd. Maint. ❑ Improvement Plan V ubmitt lan Change/As -Built Proposed ❑ Co ected ❑ Approve Mfg. Specs. ❑ Blueline/Red -lined ❑ Checkprint ❑ Original ❑ }�,� Cross Sections ❑ Structural Calculations ❑ Cost Estimate pct Publ ea,,g��Sewer/TraiVPark/Facility) Note: See other blocks for additional items, if any. /'� oa Grading Plan ✓ Submi tan Change/As -built Proposed(] ected ❑ Approved ❑ cc • ❑ Blueline/Red -lined ❑ Checkprint ❑ Original ❑ Hydraulic Calculations/Map ❑ Cost Estimate Soil Report ❑ Letter re: Permission to Grade F1 Structural Calculations ❑ (M eliminary cis Note: See other blocks for additional items, if any. 4CooVPlanting ( n & Irrigation) As Per... Submi I equwements Our Conversation El Public Inquiry/Proposal El Our Approval El For Your... Review Use O Approval ❑ Signature ❑ Information ❑ ORIGINATOR:��. CName) (Position) 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (760) 633- 26001FAX (760) 633 -2627 / TDD (760) 633 -2700 1SG/ARR/lnua Trans. due/02. 11 99 1 a([ ENGINEERING SEkVICES DEPARTMENT �p�rritl, INTERDEPARTMENTAL TRANSMITTAL FORM Copital Improvemenl PfoJect, Dlstricl Support Services Feld Operolions Subdvision Engineering Traffic Engineering FROM: Capital Improvement Projects (CIP) ❑ Subdivision Engineering (SE) Traffic Engineering (TE) ❑ District Support Services (_D) ❑ Office of the Director ( #1) ❑ Field Operations (FO) ❑ T Community Develooment- Current Planning - ' f O Fire -Five Prevention ATTENTION: _ I 1/V e ed w%n.✓t_ San Dieeuito Water District - Engineering & Planning Community Services - Parks & Beaches DATE: 7 /) 3 J :' 'I Regarding (Finance Number O O DEPOSI TPM�v1UP/MIN/Ia) q 8 - �8'f (Finance Number v'080 - Gt R) DEPOSI wa� (Finance Number 6 O 8 O - =IZ) DEPOSIT APN: O S -5 Transmitted as following: Final Parcel Map 0 Final Map ❑ ✓ _ Check Other Application: (Type) (Check) Checkprint / Approved Copy / Original / ew or Revised Comments/Additional Space for Document: srov� .tY� ,qc� OL/olTG.rrJr.9�orrJE LLt@OC7,?6� Swtl GG, �ZriD .4C'2o.9'7'7s� o.cr Uil wN3' • ( Staff / Consultant /CD/F re/SDWD /OMWDILCWD) Sketch (if neeQed): ,+Cz47 77'AW&CoTi v Fe07t�r-o— /3Lp vim. 'W'- gGSa 4EW_ C'WV� , Scc > ren/.er c,r q «s is-r V F7- R6 571xm 40,47aqP 7=) M4'rep /360 if-, C or B� 5p= 1T -lr- � &eQnQ Ore S4 4.0e4oS70XU NYo C �-M e azyl i �7S bl va[t) 7•26 - .7? oa rainage /Water /Sewer/Traii/Park/Facility) Intermediate Description: Improvement Plan S `� Check Checkprint / Approved Copy / Original / ew r Revised -- - - - -- -- Grading Plan �s� Check Plan Change Description: Checkprint / Approved Copy / Original /�51or Revised (Mass/Rough/Prelimin ecl oston on lanting & Irrigation) As Per... Our conversation ❑ My /your inquiry ❑ Our Review ❑ Our Inquiry ❑ Our Approval For your... Correction ❑ Comment ® Signature ❑ Information ❑ Uses ❑ Please return !4.4 2- s �wa e.1<S Please call: 7l q 3 . if necessary Originator. 131ai SO ✓ H at Copies to: -;: I t 505 South Vulcan Avenue, Encinitas, California 92024-3633 TEL (760) 633- 2770/FAX (760) 633 -2818 / TDD (760) 633 -2700 JSGIARR/Inter Trrns.dorJ03.02.99 1 or 1 r /RE3 98 -189 TM/DR/CDP Applicant: Keith Wagner ATTACHMENT "B" Resolution No. PC 98 -68 Location: 1415 North Vulcan Avenue (APN: 254- 053 -19) SCI SPECIFIC CONDITIONS: SC3 Approval of the Tentative Map and all associated permits will expire on November 12, 2001 at 5:00 pm, three years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. SC5 This project is conditionally approved as set forth on the application and project plans dated received by the City on July 17, 1998, consisting of thirteen sheets, including: (1) the Project Plans Cover Sheet; (2) Sheet A -O: the Site Plan with Fencing Elevation Drawings; (3) Sheet A -1: the Floor Plans/RoofPlan for Building "A;" (4) Sheet A -2: the Floor Plans for Building "B;" (5) Sheet A -3: the Carport Elevation Drawings; (6) Sheet A -4: the Exterior Elevation Drawings for Buildings "A" and "B;" (7) Sheet A -5: the Exterior Elevation Drawings for Building "B ;" (8) Sheet E -1: the Site Lighting Plan; (9) the Tentative Map; (10) Sheet L -l: the Planting Plan; (11) Sheet L -2: the Irrigation Plan; (12) Sheet L -3: the Hardscape Plan; and (13) Sheet L-4, Details and Specifications. In addition, the application request included a mounted Color and Materials Board and a mounted Elevation Rendering which was reviewed by the Planning Commission at the public hearing. All of the above listed exhibits designated as approved by the Planning Commission on November 12, 1998, and shall not be altered without express authorizationby the Community Development Department. SCA Prior to the issuance of the first Building Permit within the subdivision, the carport structures shall be re- designed so as not to exceed 12 feet in height. SCB Gates shall be provided in the fences between patio areas of Building "B" to allow for emergency response access. SCC ordered stamped- concrete accent strip or a flagstone band, a minimum of ten feet in width, shall be provided near the driveway entry across the access driveway, along the drainage swale, and across the driveway access to the parking area in front of Building A to the satisfaction of the Community Development Department. A 4 -foot high, wrought iron or other decorative fence (non - chainlink) with a self - latching gate shall be provided around the recreational landscaped area on the north side of the driveway. All block walls within the subdivision shall be finished with a stucco exterior to match the main buildings; or shall be constructed of decorative split -faced or slumpstone block material. The main mailbox shall be relocated to the landscaped area to the southwest of Building A. or shall be made a part of cd/cro /C98.189pc2 (11- 12 -98) 15 BRIAN POLLEY LAND SURVEYING, INC. Licensed Land Surveyor No., 4670 LAND SURVEYOR 8 CIVIL ENGINEERS 656 METCALF STREET, ESCONDIDO, CALIFORNIA 92025 TELEPHONE: (760) 745 -3805 FACSIMILE: (760) 745.3792 October 4, 1999 Mr. Blair Knoll City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 -3633 SUBJECT: Storm Drain Certification for TM 98-189,6080-G, 1415 Vulcan Ave. Dear Blair: I have designed the storm drain improvements for the above referenced project to convey the 100 - year storm event off the site and into Vulcan Avenue. This design is in conformance with the County's Hydrology Manual and Design and Procedures Manual. The storm water around the proposed apartment complex is primarily collected in a series of 12 inch catch basins and conveyed to Vulcan Avenue in a system of 6 and 8 inch PVC pipes. This system, along with the hydrologic and hydraulic information, is delineated on the project hydrology map. At the Vulcan Avenue right -of -way, the storm water will be discharged onto the street through curb outlets per the Regional Standard Drawing D -25. In addition, a low flow catch basin will be installed to prevent nuisance water from discharging to the street via the driveway entrance. In a major storm event, the on -site parking area storm water runoff will be conveyed to Vulcan Avenue via this driveway entrance. Sincerely, Brian Polley Land Surveying, Inc. Richard E. Berg LAND PLANNMG & SURVEYMG PaOPERTY DEVELOPMENT ENGINEERING • CONSTRUCTION STAKING I0'd ud :T1 I01-11 °_ L AoN Z62£- SVL- 09L -I =xI2j SNI),3l12i(1S J,3110d NNIb0 Duane Thompson - meeting summary for 1415 vulcan avenue (tm 98 -189) Page 1 From: "Rick Berg' <rick @bergengineering.net> To: "Duane Thompson" <dthompso @ci.encinitas.ca.us> Date: 11/21/02 4:02PM Subject: meeting summary for 1415 vulcan avenue (tm 98 -189) The following is a summary of the meeting we had at the City of Encinitas today with Masih Maher, Duane Thompson, Keith Wagner, and Rick Berg. 1. Berg Engineering will regrade the site in the driveway areas to create an apx. 100' long grass lined swale in the northwest landscaped area. This will be accomplished by slightly raising a portion of the south side and eliminating or relocating the 3' wide ribbon gutter and installing a mow curb in lieu of a 6" curb along the downstream d/w edge. 2. Mashi requested that we install a landscaped berm adjacent to the outlet structure with a 4" pipe to slow the flow of runoff from the site and allow some onsite ponding. In addition, Mashi requested that we delineate on the grading plan, the two grass areas that are being used as permanent landscaped "bio- filters ". 3. Duane stated that these changes would be handled as a construction change by adding a new sheet 2a, voiding out sheet 2, and adding delta 1 "Replace sheet 2 with sheet 2A" on the all sheets in the revision block. Duane requested that we revise the bond estimate and provide him with 3 sets of revised grading plans and 2 revised original bond estimates. 4. It was concluded by the City that this would fulfill the developer's requirements to meet the City storm water pollution prevention requirements for post- construction. please contact me asap if you have any questions or additions to this meeting summary. thanks Rick Berg R. E. Berg Engineering, Inc. 656 Metcalf Street Escondido, CA 92025 (760) 781 -4200 (760) 781 -3400 fax CC: "Keith Wagner" <wagnerproperties @cox.net> Wagner Properties P.O. Box 232312 • Leucadia, CA 92023 (619) 436 -7702 • Fax (619) 944 -3342 1-14M/1 A F�r2 ; .,2 nciro.,l Ffnr1r3 October 11, 2001 Masih Maher, P.E. City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 -3633 Re: Preparation of Staff Report for Project No. TM 98 -189, "The Palms" Dear Masih, Thank you for taking the time to speak with me last week regarding my subdivision project located on North Vulcan. As discussed, l am looking forward to the completion of the staff report by your department so my project can be included in the agenda for the Planning Commission's November I" meeting. According to Bill Weedman, the staff report needs to be submitted to the Planning Department no later than Thursday, October 18'h to he properly acknowledged and approved during the November 1" meeting. Although I have been assured the report will be completed and submitted by the October 18ih, 1 would be relieved to know that the task was completed well in advance of the deadline to counter any unforeseen delays. Thank you for your consideration regarding this request. Sincerely, Keith W. Wagner ENGINEERING DEPARTMENT APPLICANT FEES ACTION FORM 13 DATE // APPLICANT NAME 1� - �K q ✓� e f �o(� er� L v 5;17 N 4 APPLICANT ADDRESS 4 ve,. � A0% 4 PERMIT NUMBER 6D 8D i2 PM L FZ RECEIPT NUMBER CHECK NUMBER Z 2 CASHIER INITALS DESCRIPTION AMOUNT CODE ACCOUNT NUMBER Agreement/Covenant AC 101-0000 -345 -0100 Construction CN 101-0000. 345-0200 Exempt Organizations EX 101-0000. 34543400 Grading Plancheck 1y00. 0O GR 101-0004345-0700 Grading Inspection GI 101 -0000 - 345-0800 Final Map Processing FM 101-0000 - 345.0500 Parcel Map Processing 2 , Z �� 00 PM 101 - 0000 - 3450600 Permanent Encroachment 7 t PE 101-0000-345-1100 T Improvement Plancheck 9J 1 00 IR 101-0000-345-09M Improvement inspection II 101 - 00043451000 Temporary Encroachment TE 101- 0000 -345 -1200 Street Vacation VA 101- 0004345 -1500 Street Name Change SN 1014000- 345 -1300 A.P.N. Report PN 101.00043452100 Security Deposit CASHIER: SEE NOTES ON BACK TOTAL 7' Permit Coordinator KC /jsg /0ct151998 ENGINEERING AARTMENT APPLICANT DEPOSIOCTION FORM UZli14 APPLICANT NAME PERMIT COORDINATOR I TO BE COMPLETED BY CASHIER I dx61412VIIV,1 :14:7 CHECK NUMBER CASHIER INITALS ENGINEERING DEPOSIT CASHIER CODE - ED PROJECT NUMBER MUST BE ENTERED NTO PROJECT NUMBER FIELD TOTAL ENGINEERING SECURITY CASHIER CODE _ SY PROJECT NUMBER AND APPLICANT NAME MUST BE ENTERED INTO THE DESCRIPTION FIELD (F10 ON LAST SCREEN) PROJECT / AMOUNT TOTAL EA JEERING SERVICESDEPARTN. Capitol Improvement Projects . District Support Services Field Operations Subdivision Engineering Traffic Engineerng PLANCHECK CONSULTANT TRANSMITTAL FORM FROM: SUBDIVISON ENGINEERING DIVISION; DEVELOPMENT REVIEW SECTION T JOHN POWELL & ASSOCIATES, INC. O 175 CALLE MAGDALENA, SUITE 101 ENCINITAS, CA 92024 ✓✓�� 11 ( ATTENTION: J e, re v✓t I� `d d �MM� DATE: 10 12 `L C q � Regarding (Finance Number 6OeO - )Sic I E TP P/MIN/DR: (Finance Number � FO - � )DEPOSI E lJ1aa n�� ✓ ca m, (Finance Number 60710 die I�) DEPOSI EE APN: 2-5q — 6 5 3 Transmitted as following: Comments/Additional Space for Document Final Parcel Map ❑ Final Map ® %t'J� jlfa 'Amended/Corrected 1) Response to Plancheck ❑ Proposed .® Corrected ❑ Approved ❑ Interoffice Memo* ®xq 2) Miscellaneous Exhibit Blueline/Red -lined ® Checkprint ® Original ❑ Certificate ❑ 3) Street Vacation Application ❑ Approved TM/TPM ❑ Resolution of Approval p Coastal Permit ❑ 4) Street Name Change Application ❑ Preliminary Title Report ® Guarantee ® Tax Certificate ❑ 5) Other Copies of all documents listed in preliminary title report/Vesting Deed ❑ 6) Copies to: e Traverse Calculations ® Reference Maps ❑ Letter Re: Access ❑ Additional Notes: Corporate/Partnership Papers E) Property Appraisal ❑ Utility Letter* ❑ !Obrw p, -..gin Cev-} J$ Deferred Monumentation Letter ❑ Agency Letter: ❑ Legal Description ❑ Plat ❑ Recording Fee ❑ ❑ Easement re: Covenant re: • ( CD/ CS/ FIRE/SDWD /OMWD/LCWD /G &E/f /CATV) Highway ❑ Trail ❑ Improvements ❑ Sewer ❑ Park ❑ Impact Fees ❑ Sketch (if needed) / Description: Drainage Cl ❑ Assessments ❑ Agreement re: ❑ Improvements ❑ Pvt. Rd. Maint. ❑ ❑ Improvement Plan ® 2 j Plan Change /As -Built Proposed,® Corrected ❑ Approved ❑ Mfg. Specs. ❑ BluelinefRed- Iined)D Checkprint ® Original ❑ Cross Sections ❑ Structural Calculations ❑ Cost Estimate ® licl ivate) (Vote: See other blocks for additional items, if any. oa rainage/ Water /Sewer/TraiVPark/Facility) �t Nd Grading Plan ® eC ' r rt 'Plan Change/As -built Proposed ® Corrected O Approved ❑ cc • ❑ Blueline/Red -lined 2 Checkprint ® Original ❑ Hydraulic Calculations/Map ❑ Cost Estimate ® Soil Report ❑ Letter re: Permission to Grade ❑ Structural Calculations ❑ (Mass/Rou h/Preliminary Note: See other blocks for additional items, if any. onion Contra YP lanting & Irrigation) Pursuant to the terms of our contract with your Finn, we request professional plan check services for the aforementioned plans and/or supporting documentation. If you have any comments, questiWns need additional information, please give us a call at (760) 633 -2776. y� r, JGG Originator: h e 545' l Position: 111-4—H 505 South Vulcan Avenue, 4cinitas, California 92024-3633 TEL (760) 633- 2600/FAX (760) 633 -2627 / TDD (760) 633 -2700 3SG/ARR/Pln Cons.doe/02.11.99 1 of I E, NEERING SERVICES DEPAR L. T Capital Improvernenl Project., District 5upporl Services Field Operations Subdivision Engineering Traffic Engineering TRANSMITTAL FORM FROM: Capital Improvement Projects (C1P) ❑ Subdivision Engineering (SE) ❑ Traffic Engineering (TE) ❑ District Support Services L_D) 0 Office of the Director (#I) ❑ Field Operations (FO) ❑ T SP IQ1d PO LL-r,y O LAMD StLQyEVINf r ATTENTION: DATE: `1130(49 Regarding (Finance Number (0.080 - 19, ) DEPOSIT T TP �R _g$_ - 9 (Finance Number i900r7 -g_j DEPOSIT (Finance Number ;`,a 00 - C;�-i ) DEPOSIT/FEE A APN: Transmitted as following: / Other Application: / O (Type) (Check) Interoffice Memorgndum "❑ Plancheck Cornments "❑ * * F04PJ10E- R%(0W9 *;&Y CZ-C-,FC17-T Legal Description ❑ Plat F] Other: C1 a aR O S ANA mar A-W l ure aw Easement re: t A 'D Covenant rc: S f 5 116f f� Highway Q Trail ❑ Improvements ❑ f Sewer ❑ Park ❑ Impact Fees ❑ " " (StafDConsultant (C D WD MWD/LCWD) Drainage O ❑ Assessments ❑ S Sketch (if need" ): 505 South Vulcan Avenue, Encinitas, California 920243633 TEL (760) 633- 27701FAX (760) 633 -2818 / TDD (760) 633 -2700 ISG/A.MC;eneric Transdod02. 11,99 1 01`1 7't---D EI VEERING SERVICES DEPARTM. PLANCHECK CONSULTANT TRANSMITTAL FORM Capital Improvement Projects Distnct Support Services Field Operations Subdivision Engineering Traffic Engineering FROM: SUBDIVISON ENGINEERING DIVISION; DEVELOPMENT REVIEW SECTION T JOHN POWELL & ASSOCIATES, INC. O 175 CALLE MAGDALENA, SUITE 101 ENCINITAS, CA 92024 rr IrI ATTENTION: �,`cicF f e DATE: Regarding (Finance Number 6 080 - Ste* J DEPOSITt T &MUP/MIN� rev C (Finance Number D $D - Tk) DEPOSI " V.,o q.1 c" APN: 25H —65 3 ^ l9 (Finance Number 6D 8 D - G?J DEPOSIT T Transmitted as following: F✓ CommenWAdditional Space for Document 5 Final Parcel Map N Final Map ❑ �� mi /Amended/Corrected 1) Response to Plancheck E3 Ip) Proposed EC Corrected ❑ Approved ❑ Interoffice Memo` ❑ 2) Miscellaneous Exhibit ❑ Blueline/Red -lined pg Checkprint ❑ Original ❑ Certificate ❑ 3) Street Vacation Application ❑ Approved TMITPM O Resolution of Approval Coastal Permit ❑ 4) Street Name Change Application ❑ Preliminary Title Report Guarantee ❑ Tax Certificate n 5) Other ❑ Copies of all documents listed in preliminary title repo Dee )`M 6) Copies to: ; le Traverse Calculations P9 Reference Maps �9 Letter Re: Access ❑ Additional Notes: Corporate/Partnership Papers ❑ Property Appraisal ❑ Utility Letter* ❑ Deferred Monumentation Letter-E] Agency Letter: ❑ Legal Description Plat ❑ Recording Fee ❑ ❑ Easement re: Covenant re: • /CS /OMWD/LCWD /G &FJf /CATV) Highway ❑ Trail ❑ Improvements ❑ Sewer ❑ Park ❑ Impact Fees ❑ S etch (if needed) / Description: Drainage ❑ ❑ Assessments ❑ Agreement re: ❑ Improvements ❑ Pvt. Rd. Maint. ❑ ❑ Improvement [an 6a�aVPlan Change /As -Built Proposed ® Corrected ❑ Approved ❑ Mfg. Specs. ❑ Blueline/Red- lined,® Checkprint ❑ Original ❑ Cross Sections ❑ Structural Calculations ❑ Cost Estimate ❑ o /Private) Note: See other blocks for additional items, if any. --oa rainage /Water /Sewer/fraiVPark/Facility) Grading Plan ® 5� ;-1 ✓ <31TE�VPlan Change/As -built Proposed ® Corrected ❑ Approved ❑ cc *4 Blueline/Red -lined ® Checkprint ❑ Original ❑ Hydraulic C ca ation6/JOfa ® Cost Estimate Soil Report Letter re: Permission to rade ❑ Structural Calculations ❑ (Mass Rou h/Preli nma y�) Note: See other blocks for additional items, if any. ton on VPlanting & Irrigation) Pursuant to the terms of our contract with your firm, we request professional plan check services for the aforementioned plans and/or supporting documentation. If you have any comments, question's/, or need additional information, please give us a call at (760) 633 -2776. r / 2¢ T N OH r, Originator: f /"0 " I Position: f N 9 '— G!n r 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (760) 633- 2600/FAX (760) 633 -2627 / TDD (760) 633 -2700 JSG /ARR/Pln_Cons.dod02. 11.99 1 of 1 DEPARTMENT ENGINEERING SERVICES is a INTERDEPARTMENTAL TRANSMITTAL FORM Capital Improvement Projects District Support Services Field Operations Subdivision Engineering Troffic Engineering FROM: Capital Improvement Projects (CIP) O Subdivision Engineering (SE) ,K Traffic Engineering (TE) 0 District Support Services (_D) E] Office of the Director (NI) E] Field Operations (FO) T Community Development- Current Planning O Fire -Fire Prevention ATTENTION: �iveo re San Dieeuito Water District - Engineering & Planning_ Community Services - Parks & Beaches DATE: 7 h II 3A7 -7 Regarding (Finance Number /,070 - I DEPOS! TP P// MIN/I� (Finance Number O $ D - Ci R DEPOSIT v. 4 A e " (Finance Number O 8 O =T Z AP� 2 54-/ - O _S 3 Transmitted as following: Final Parcel Map 0 Final Map F1 5 Check Checkprint / Approved Copy / Original / (!5 or Revised Other Application: (Type) (Check) Comments/Additional Space for Document: ' ( Staff / Consultant /CD/Fire!SDWD /OMWD/LCWD) Sketch (if needed): bl ivate) oa rainage/Wa ter /Sewer/TraiUPark/Facility) Intermediate Description: F Improvement Plan / S t� Check Checkprint / Approved Copy / Original / ew r Revised '{- Grading Plan � Check Checkprint / Approved Copy / Original /(!gor Revised Plan Change Description: (Mass[Roughllireliminarqeus oston on lanting & Irrigation) As Per... Our conversation E] My /your inquiry ❑ Our Review Our Inquiry E] Our Approval For your... Correction Comment ® Signature Information Uses EJ Please return ' 1 ^ 2 we f_ �_ 5 Please call: �k 3 if necessary Originator: B(r�%,r }Coy of ( Copies to: -R; I e- — 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (760) 633- 2770/FAX (760) 633 -2818 / TDD (760) 633 -2700 1SC/ARRAnler_Trans doc/03.02.99 1 of 1 E NEERING SERVICES DEPARTA. T Capital Improvement Projects \ �~ District Support Services Feld Operations SubtFvision Engineering Traffic Engineering INTERDEPARTMENTAL TRANSMITTAL FORM FROM: Capital Improvement Projects (CIP) ❑ Subdivision Engineering (SE) Traffic Engineering (TE) District Support Services (_D) Office of the Director (#I) Field Operations (FO) El T Community Development- Current Planning O Fire -Fire Prevention ATTENTION: b t `� f Jc' KK �' I San Dieguito Water District - Engineering & Planning 7 / —, /� Community Services - Parks & Beaches DATE: ` Regarding (Finance Number 080 PM) TPM�v1UP/M[N/� (Finance Number 6 0 $O - Cif R) DEPOSIT �u� ems/ (Finance Number 0 8 O =tZ) DEPOSIT �c�% APN: 3 Transmitted as following: Final Parcel Map 0 Final Map 0 ✓ Check Checkprint / Approved Copy / Original / ew or Revised Other Application: (Type) (Check) Comments/Additional Space for Document: • ( Staff /Consultant/CD /Fire /SDWD /OMWD/L.CWD) Sketch (if needed): ubl /Private) oa rainage /Water/SewerfrraiUPark/Facility) Intermediate Description: F - Improvement Plan S Check Checkprint / Approved Copy / Original / Dr Revised Grading Plan Check Checkprint / Approved Copy / Original / �Por Revised Plan Change Description: (Mass/Rough/Prelimin ects oswn on lanting & Irrigation) As Per... Our conversation My /your inquiry 0 Our Review ❑ Our Inquiry ❑ Our Approval For your... Correction El Comment ® Signature E] Information ❑ Uses Please return ' r n 2 "V e - �_ S Please call: 7 x' .-9 3 if necessary Originator: Y3[6%i �r Kvv of l Copies to: S I e- 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (760) 633- 27701FAX (760) 633 -2818 / TDD (760) 633 -2700 )SG 1ARR1tnter_Trans.dod03.02 99 1 of I ENGINEERING SERVICES DEPARTMENT Capilol Irnprovemenl Projects \ . District Support Services Field Operations ��-_ Subdivision Engineering Trotfic Engineering INTERDEPARTMENTAL TRANSMITTAL FORM FROM: Capital Improvement Projects (CIP) ❑ Subdivision Engineering (SE) K Traffic Engineering (TE) ❑ District Support Services (_D) ❑ Office of the Director (NI) ❑ Field Operations (FO) ❑ T Community Development - Current Planning ' 1 O Fire-Fire Prevention ATTENTION: I (I ( J e e wts.✓c San Dieeuito Water District - Engineering & Planning Community Services - Parks & Beaches DATE: 711 3)e7 -7 Regarding (Finance Number 4 O O G7rq) DEPOSI TPM�vtUP/MDJ/� (Finance Number 6080 - jit R) DEPOSI (Finance Number A D 8 O - =12) DEPOSIT APB <5.S Transmitted as following: Final Parcel Map 0 Final Map ❑ 5 Check Checkprint / Approved Copy / Original / ew or Revised Other Application: (Type) (Check) Comments/Additional Space for Document. • ( Staff/Consultant /CD/Fire/SDWD /OM"/LCWD) Sketch (if needed): bl va[e) oa rainage/ Water /Sewer/TraiVPark/Facility) Intermediate Description: h Improvement Plan S ✓ Check Checkprint / Approved Copy / Original / ew r Revised -- — - - - - -- ------------------------ s{- Grading Plan Check Checkprint / Approved Copy / Original -1 rgor Revised Plan Change Description: (Mass/Rough/Prcliminaryzens 42Sslon on lanting & Irrigation) As Per... Our conversation ❑ My /your inquiry ❑ Our Review ❑ Our Inquiry C] Our Approval EJ For your... Correction ❑ Comment ® Signature ❑ Information ❑ Uses ❑ Please return t ^ 2 w ° e- S Please call: �tl `i 3 if necessary Originator: If o i r K� 011 Copies to: 505 South Vulcan Avenue, Encinitas, California 92024 -3633 TEL (760) 633- 2770/FAX (760) 633 -2818 / TDD (760) 633 -2700 JWARRAmer_Trasss dod03.02.99 1 of I