The URL can be used to link to this page

Home My WebLink AboutCT 89-39; AVIARA PLANNING AREA 12; Tentative Map (CT)TICOR TITLENSURANCE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 'B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT NOVEMBER 14, 1989 A-M HOMES ATTN: RHONDA HEACOCK 7 UPPER NEWPORT PLAZA NEWPORT BEACH, CALIFORNIA 92660 YOUR REFERENCE: PLANNING AREA 12 OUR ORDER NO. : 1181126 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 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 BELOW 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 ON THE ATTACHED COVER. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF NOVEMBER 6, 1989 TITLE OFFICER: TOM VOTEL TEL 619 544-6234 KEN CYR TEL 619 544-6236 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA RESIDENTIAL TITLE INSURANCE POLICY - (6 -1-87) ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE VCLTA STANDARD COVERAGE POLICY - 1988 ALTA OWNER'S POLICY (10 -21 -87) 1181126 PAGE 1 Di Southern California Region 7 Upper Newport Plaza A Newport Beach, California 92660 IIO11ES (714) 852-9411 FAX (714) 756-0919 Rhonda L Heacock Director of Land Development . [J j TICOR TITLNSURANCE THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1989-90 INCLUDING PERSONAL PROPERTY TAX, IF ANY, FIRST INSTALLMENT : NOW DUE AND PAYABLE SECOND INSTALLMENT : NOW PAYABLE AND WILL BE DUE FEBRUARY 1, 1990 THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : SEPTEMBER 7, 1983 BY AND BETWEEN : N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION REGARDING : AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : OCTOBER 20, 1983, RECORDER'S FILE NO. 83-378945 3. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE NO. 86-356638. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 4. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : AUGUST 29, 1986 BY AND BETWEEN : W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION REGARDING : AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : NOVEMBER 6, 1986, RECORDER'S FILE NO. 86-509319 5. AN AGREEMENT TO WHICH REFERENCE DATED : OCTOBER 16, 1987 BY AND BETWEEN : W. H. HUNT AND N IS HEREBY MADE FOR FULL PARTICULARS B. HUNT AND THE CITY OF CARLSBAD 1181126 PAGE (Z TICOR TITLENSURANCE REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : NOVEMBER 19, 1987, RECORDER'S FILE NO. 87-647735 6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JUNE 6, 1988 BY AND BETWEEN : THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELWARE LIMITED PARTNERSHIP REGARDING : TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT RECORDED : JUNE 10, 1988, RECORDER'S FILE NO. 88-278452 7. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT; PLAT NO.: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF : CARLSBAD RECORDED: MARCH 14, 1989, RECORDER'S FILE NO. 89-130025 AND MAY 8, 1989, RECORDER'S FILE NO. 89-242769 8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MARCH 22, 1989 BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION REGARDING : DEED RESTRICTION (OPEN SPACE) RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 9. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MARCH 13, 1989 BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION REGARDING : DEED RESTRICTION (TRAIL) RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 10. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS' DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 11. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MARCH 31, 1989 BY AND BETWEEN : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND CITY OF CARLSBAD REGARDING : AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : JUNE 5, 1989, RECORDER'S FILE NO. 89-296176 12. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. : 12412 1181126 PAGE a3 jQ TICOR TITLNSURANCE PROVISIONS : AS FOLLOWS: THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 22, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. 13. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12412 STREET AFFECTED : ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 230 14. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF RESTRICTIONS EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP RECORDED : JULY 5, 1989, RECORDER'S FILE NO. 89-354659 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED UPON : AVIARA MASTER ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION 1181126 PAGE j T1COR T1TLNSURANCE Aft 15. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FOR : (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES, WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER FACILITIES AS ARE CONSISTENT WITH THE USE OF THE DEDICATED PROPERTY AS OPEN SPACE LAND. (B) TO INSTALL LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES. (C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND MAINTAIN TREES. (D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND REMOVE VEGETATION AND UNDERBRUSH. (E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES. (F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES. RECORDED : NOVEMBER 1, 1989, RECORDER'S FILE NO. 89-593671 AFFECTS : AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 230, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF BLACK RAIL ROAD, AS SHOWN AND DEDICATED ON SAID MAP NO. 12412, SAID POINT ALSO BEING ON THE ARC OF A 380.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SOUTH 18 0 36'31" EAST; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID BLACK RAIL ROAD AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0303814118 A DISTANCE OF 24.17 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 50 0 31'51' EAST, 34.26 FEEET; THENCE SOUTH 31 0 56'26" EAST, 47.33 FEET; THENCE SOUTH 18 0 59 1 27" EAST, 182.29 FEET; THENCE SOUTH 27 0 57'39" EAST, 165.34 FEET; THENCE SOUTH 18 0 21'41" EAST, 90.19 FEET; THENCE SOUTH 06 0 47'22" EAST, 79.14 FEET; THENCE SOUTH 28°06'47" EAST, 44.00 FEET; THENCE SOUTH 48 0 00'56" EAST, 70.18 FEET; THENCE SOUTH 63 0 58'22" EAST, 139.69 FEET; THENCE SOUTH 5404813718 EAST, 79.44 FEET; THENCE SOUTH 63 0 36'54" WEST, 6.00 FEET; THENCE NORTH 78 °44'19" WEST, 20.38 FEET; THENCE SOUTH 74 0 22'30" WEST, 27.96 FEET; THENCE NORTH 40 0 23'09" WEST, 24.23 FEET; THENCE NORTH 7310'22" WEST, 52.96 FEET; THENCE NORTH 8904614788 WEST, 28.88 FEET; THENCE NORTH 3402814388 WEST, 22.43 FEET; THENCE NORTH 71 0 19"18" WEST, 19.92 FEET; THENCE SOUTH 8200112688 WEST, 42.05 FEET; THENCE NORTH 53°48'56" WEST, 51.44 FEET; THENCE NORTH 42 0 11 ,17" WEST, 71.93 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 230; THENCE ALONG SAID WESTERLY LINE, NORTH 18 0 36'31' WEST, 631.56 FEET TO THE POINT OF BEGINNING. 1181126 PAGE 6 j TICOR TITL€NSURANCE 16. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED : NOVEMBER 1, 1989, RECORDER'S FILE NO. 89-593671 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 17. AN OPTION TO REPURCHASE EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED NOVEMBER 1, 1989, RECORDER'S FILE NO. 89-593672. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 18. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUST DATED : OCTOBER 26, 1989 TRUSTOR : A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED : NOVEMBER 1, 1989, RECORDER'S FILE NO. 89-593673 19. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED : OCTOBER 26, 1989 AMOUNT : $6,750,000.00 TRUSTOR : A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED : NOVEMBER 1, 1989, RECORDER'S FILE NO. 89-593674 THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BY ASSIGNMENT DATED: OCTOBER 26, 1989 RECORDED : NOVEMBER 1, 1989, RECORDER'S FILE NO. 89-593675 NOTES A. NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE BEEN DELETED FROM THIS REPORT, WHICH IS NOT A POLICY OF TITLE INSURANCE BUT A REPORT TO FACILITATE THE ISSUANCE OF A POLICY OF TITLE INSURANCE. FOR PURPOSES OF POLICY ISSUANCE, THE FOLLOWING ITEMS MAY BE ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER AGREEMENT SATISFACTORY 1181126 PAGE 6 j TICOR TITLESNSURANCE TO THE COMPANY AS INSURER. ITEMS: ZERO ITEMS B. CODE AREA 9027 PARCEL NO. 215-040-16 CODE AREA 9133 PARCEL NO. 216-111-01 1181126 PAGE "" b7 j TICOR TITLNSURANCE THE LAND REFERRED TOHEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 230 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1-UNIT "D", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. 1181126 PAGE j TICOR TITLNSURANCE EXHIBIT A Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy * that result in no loss to you form recite that you are not insured against loss, costs, attorneys' fees, and expenses resulting from: * that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 of Covered Title Exclusions Risks 1 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 • improvements on the land • land division * environmental protection This exclusion does not apply to 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 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. Standard Exceptions (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of the Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. * that are known to you, but not to us, on the Policy Date--unless (d) Any water rights, claims or title to water on or under the land. they appeared in the public records ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that 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; (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 public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the 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 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 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 of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in 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. 1181126 PAGE (continued on next a'ge) TICOR T1TLNSURANCE- CLTA STANDD COVERAGE POLICY-1988 The Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that 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 or 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; (ill) 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) 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 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 insured mortgage or for 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 the 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. Schedule B of the CLTA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part I 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 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. 6. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21-87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that 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: (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 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. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 1181126 .PAGE a10 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. 215-040-16 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 4th day of December , 19_ by and between A-N Homes (Name of Developer-Owner) a California limited partnership , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 7 Upper Newport Plaza Newport Beach, CA_92660 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 3-1-88 0/ a 108-unit condominium project on said Property, which development carries the proposed name of______________ (Aviara Planning Area 12; proposed name still pending) and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 4th day of December , 1989, with the City a request for a Tentative Tract Map and Condominium Permit - hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on. file with the City Clerk and Js incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. REV 3-1-88 I NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and entitlement of use" as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code. REV 3-1-88 0 0O . 2. The Developer may offer to donate a site or sites for public facilities In lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. REV 3-1-88 -04 J- 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid and certified. 7.2 If notice given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall apply to the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 3-1-88 n5 a . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. CITY OF CARLSBAD, a municipal corporation of the State of California DEVELOPER-OWNER: A-M Homes, a California limited Partnership By: A-M Homes, Inc., a Delaware corporation, its managing general partner ,- BY Rhon a . Heacock Authorized Agent (Title) By: By: MARTIN ORENYAK For City Manager (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: 1 VINCENT F. BIONDO, JR. City Attorney ,. (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-1-88 06 6 0 STATE OF CALIFORNIA ss. COUNTY OF ORANGE On , l9_, before me, the undersigned, a Notary Public in and for said-State, personally appeared RHONDA L. HEACOCK, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the Authorized Agent, on behalf of A-H HOMES, INC., a Delaware corporation, the crporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to he the general partner of A-H HOMES, a California limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner of A-H HOMES, and that such partnership executed the same. OFFICIAL SEAL MARGARET M. VEAL WITNESS my hand and official seal. Notary Public-California ORANGE COUNTY 0My Comm. Exp. Aug. 30, 1991 S ig natuz e (Notary Seal) -01 0 0 ORIGINAL EXHIBIT 1A LEGAL DESCRIPTION Lot 230 of City of Carlsbad Tract 85-35, Aviara Phase 1-Unit "D", in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 12412, filed in the Office of the County Recorder of San Diego County June 29, 1989. REV 3-1-88 7 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) (For Dept. Use Only) Master Plan ............... Specific Plan ............. Precise Development Plan... Tentative Tract Map........ Planned Development Permit E Non-Residential Planned Development Permit........ Condominium Permit......... D Special Use Permit......... Redevelopment Permit....... Tentative Parcel Map....... Administrative Variance.... C7_.. 1 2 General Plan Amendment...... E Site Development Plan....... Zone Change................. Conditional Use Permit...... E Hillside Development Permit. Environmental Impact Assessment................ E Variance................... Planned Industrial Permit... Coastal Development Permit.. Planning Commission Deter... I- I- -I -I -I -I 2) LOCATION OF PROJECT: ON THE SOUTH 7SIDE OFI ALGA ROAD (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN BLACK RAIL COURT AND BLUE HERON PLACE I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:1 LOT 230 OF TRACT 85-35, AVIARA, PHASE 1—UNIT D, ACCORDING TO MAP 12412 RECORDED JUNE 29, 1989 4) ASSESSOR PARCEL NO(S),I 215-040-16 5) LOCAL FACILITIES I_19 6) EXISTING GENERALI COMBINATION I 7) PROPOSED GENERAL I NO MANAGEMENT ZONE PLAN DESIGNATION DISTRICT PLAN DESIGNATION CHANGE 8) EXISTING ZONING F PC ]9 ) PROPOSED ZONING I NO CHANGE 110) GROSS SITE I 18.23 I ACREAGE 11) PROPOSED NUMBER OFI_108_112) PROPOSED NUMBERI 7 113) TYPE OF IRESIDENTI~ RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS NONE COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL I N/A I 16) PROPOSED COMMERCIAL I N/A OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DH 4/89 01 I CITY OF CARLSBAD '•1 LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 34% 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 1 108 EDU TRAFFIC 864 1 20) PROJECT NAME: J AVIAi1 PLANNING AREA 12 21)BRIEF DESCRIPTION OF PROJECT: I A SINGLE FAMILY ATTACHED CONDOMINIUM PROJECT 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) A-N HOMES NAME (PRINT OR TYPE) A-M HOMES MAILING ADDRESS MAILING ADDRESS 7 UPPER NEWPORT PLAZA 7 UPPER NEWPORT PLAZA CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE NEWPORT BEACH, CA 92660 714/852-9411 NEWPORT BEACH, CA 92660 714/852-9411 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO DATE THE BEST OF MY KNOWLEDGE (57 SIGNATURE DATE RHONDA L. HEACOCK J1THORIZED AGENT ************************************************************************************** FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED TtcZt Tcc L1,000400 )ô -,O 00 OO 3 A1a A139, r301d d013A avs1eJv3 Jo IWO 6861 T 3311 (13A33 DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED I 47 1 DATE FEE PAIDI /a/z.f/g I RECEIPT NO.1 ?'?7 I ARFM0008.DH 4/89 •1 • -iii; - *it of __~QfRrlsbad DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTiON ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: Applicant List the names and addresses of all persons having a financial interest in the application. A-M Homes. 125 E. Victoria Street Santa Barbara, CA 93101 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. A-M Homes 125 E. Victoria Street Santa Barbara, CA 93101 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names a addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersl interest in the partnership. 81% of A-M Homes Jennings Operations (USA) Inc. 3501 Jamboree Road, South Tower Suite 400 Newport Beach, CA 92660 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names a; addresses of any person serving as officer or director of the non-profit organization or as trustee or benefiCi of the trust. N/A (Over) DIsclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Ecaic Commissions,. Committees and Council within the past twelve months? Yes - No x If yes, please indicate person(s)_________________________________________________ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal I organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unt.' (NOTE: Attach additional pages as necessary.) 8-6-90 Signature of Owner/date RHONDA L. HEACOCK, Authorized Agent Print or type name of owner— Signature of applicant/date Print or type name of applicant (D AVIPRA 17 40 Planning Area 12 DISCLOSURE FORM APPLICANT: A-N Homes, a California limited partnership Name (individual, partnership, joint venture, corporation, syndicatic) 7 Upper Newport Plaza Newport Beach, CA 92660 Business Address 714/852-9411 Telephone Number AGENT: Name Business Address Telephone Number MEMBERS: Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. APPLICANT Rhonda L. Heacock, Authorized Agent I CITY OF CARLSBAD I APPLICATION REQUIREMENTS FOR TENTATIVE TRACT MAPS TENTATIVE PARCEL MAPS CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS The following materials shall be submitted for each application. 1. Eight copies of the tentative map/condominium site plan prepared on a 24" x 36" sheet(s) and folded into 8½ x 11 size. Fifteen copies of the tentative tract map/condominium site plan shall be submitted by the applicant upon request of the project planner prior to project approval. Each tentative map shall contain the following information: I. General Information: LI A. Name and address of owner whose property is proposed to be - subdivided and the name and address of the subdivider; LI B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the - maps; LI C. North point; LI D. Scale; vicinity map; L...L E. Date of preparation; LI F. Classification of lots as to intended residential, commercial, - industrial or other uses; G. Tentative Map number in upper right hand corner (City to - provide number at time of application.) LI H. Number of units to be constructed when a condominium or - community apartment project is involved; LI I. Name of sewer and water district providing service to the - project. J. Average Daily Traffic generated by the project broken down by separate uses. II. Site Information: - A. General LI 1) Approximate location of existing and proposed buildings - and permanent structures; L..L 2) Location of all major vegetation, showing size and type; LI 3) Location of railroads; LI 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve - data); LI 5) Lot lines and approximate dimensions and number of each lot; - B. Streets and Utilities LI 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. (Especially Policy Numbers 1 and 22) ARFRM0003A.DH 7/89 I 4- L7 LI LI LI LI LI LI LI LI LI LI LI LI LI 2. Zi 3. LY 4. d5. LZ'6. o . 2) Name, location and width of existing adjacent streets and alleys. 3) Typical street section for all adjacent streets and streets within the project. 4) Width and location of all existing or proposed public or private easements; 5) Public and private streets and utilities clearly identified. 6) Show distance between all intersections and medium and high use driveways. 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. 8) Show access points to adjacent undeveloped lands. 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. 10) Show all fire hydrants located within 300 feet of the site. C. Grading and Drainage 1) Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved; 2) Earthwork volumes: cut, fill, import and export. 3) Spot elevations at the corners of each pad. 4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. 6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. One (1) copy of 8 1/2" x 11" site plan. One (1) copy of 8 1/2" x 11" location map (suggested scale 20011 - vicinity maps on the site plan are not acceptable). Environmental Impact Assessment Form (Separate fee required). Required for tentative parcel maps only where significant grading is proposed. Check with Planning staff to determine if required for your application. Public Facility Agreement: Two (2) copies: One (1) notarized original and one (1) reproduced copy. Disclosure Statement. (Not required for tentative parcel maps.) ARFRM0003A.DH 7/89 00 / . . L18 7. Property Owner's List and Address Labels A typewritten list of names and addresses of all property owners and occupants within the specified radius from the subject property as follows: • Within a 600 foot radius for all tentative tract maps. • Within a 600 foot radius for all tentative parcel maps with concurrent site development plan applications. • Within a 300 foot radius for all other tentative parcel map, condominium permit or planned development permit applications. In addition for all condominium conversion projects, include a list of names and addresses for all tenants. For all project applications, include on the list the name and address of the applicant and/or owners. The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. Two separate sets (three for tentative parcel maps with concurrent site development plan applications) of mailing labels for all property owners, tenants, applicant and/or owner as required above. For any address other than single family residences the apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit separate check to cover cost of postage. 8. 600 Foot Radius Ma (300 foot for tentative parcel maps without associated site development plans applications) A map to scale not less than 1" = 200' showing each lot within 600 feet (300 feet) of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond r / with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale P-" o is impractical. - 9. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each included drainage basin. L6' 10. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). 11. Proof of availability of sewer if located in the Leucadia County Water District or the San Marcos Water District. L.L 1 A letter from the appropriate water district indicating that r-ç compliance with the Growth Management Performance Standard will be - maintained with the proposed development. LI 13. Colored Site Plan and Elevation Plan (Not required with first submittal and not required for tentative parcel maps). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning Coninission meeting. Do not mount exhibits. ARFRM0003A.DH 7/89 5 14. d 15. IVY LL LL LL LL LI LI LI LI LL LI ±W 1 6. I I Statement of agreement to waive tentative tract map time limits. Required for tentative maps only when project requires concurrent processing of planning application, or environmental review. Constraints. Ma (241! x 36") folded to 8 1/2" x 11" shall include the following information: (Note: This information is not required for previously graded sites and the conversion of existing structures.) 1. Major ridge lines 2. Distant views 3. Internal views 4. Riparian woodlands 5. Intermittent drainage course 6. 25 - 40% slopes 7. Slopes 40% and above 8. Major rock outcroppings 9. Easements 10. Floodplains 11. Archaeological sites 12. Special planning areas 13. Biological Habitats. For projects with an average greater than 500 vehicles per Two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by an appropriate registered Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan. The following should be included with the study: a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. b) Project traffic generation rates c) Necessary calculations and or analysis to determine intersection and road segment levels of service. d) Any proposed mitigation requirements to maintain the public facility standards. Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. For all condominium conversions, a letter from San Diego Gas and Electric company stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. For all condominium conversions, one copy of a compliance inspection performed by the Building Department. (Separate fee required). pr ¶1: daily traffic (AOl) generation rate day: ARFRII0003A.DH 7/89 21. For all condominium and planned development projects eight (8) copies of preliminary landscape plan (four (4) copies for projects with four of fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the landscape plans shall be submitted by the applicant upon request of the project planner prior to approval of the project. - Each landscape plan shall include the following information: a. Landscape zones per the City of Carlsbad Landscape Guidelines Manual. b. Typical plant species and their size for each planting zone. LJ C. An estimate of the yearly amount of irrigation (supplemental) - water required to maintain each zone. LI d. Landscape maintenance responsibility (private or common) for - all areas. / e. Percent of site used for landscaping. 22. For all condominium and planned development projects, eight (8) copies of the building elevations and floor plans (four (4) copies for projects with 4 or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations and floor plans shall be submitted by the applicant upon request of the project planner prior to project approval. Each building - elevation and floor plan shall include the following information: LI a. Floor plans with square footage included. LI b. Location and size of storage areas. LI C. All buildings, structures, walls and/or fences, signs and exterior lights. 23. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY (SEE EXAMPLE ATTACHED TO ARCHITECTURAL GUIDELINES). ARFRM0003A.DH 7/89 IN 0 0 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signature Date Rhonda Heacock - Director of Land Development Property Owner/Authorized Agent Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 • • -•- - CITY OF CARLSBAD 1200 ELM NUE CARLSBAD, CALIFG IA 92008 438-5621 REC'D FROM_('1 /11 ''iJ DATE ACCOUNT NO. DESCRIPTION AMOUNT T 114' /- 179 12/04M (X)(j, 01 C-PRMT 142'5Oc RECEIPTNO. 97897 TOTAL Al PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. C Applicant Signature: Staff Signature: '—H-- Date: • To be stapled with receipt to application Copy for file . S CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 438-5621 L I REC'D FROM__________ / DATE ACCOUNT NO. DESCRIPTION AMOUNT I :337 03,105191 xxi oi. 05 Mix RECEIPT NO.7 8,, 5 5 TOTAL //( ( 060- yam O//ce I KENT C. SNYDER KENT G. SNYDER ATTORNEY AT LAW AREA CODE 714 TELEPHONE 833-9078 KATHLEEN A. KELLY 2212 DUPONT DRIVE, SUITE A PHILIP N. FRIEDMAN IRVINE, CALIFORNIA 92715 TELECOPIER 833-8209 January 9, 1991 /4 ' ELECOPIER 851-1018 (I ANNIN Ronald R. Ball, Esq. City of Carlsbad 1200 Carlsbad Village Carlsbad, California Re: CC&R's for Aviara Plan: Dear Mr. Ball: Pursuant to your letter request dated November 16, 1990, I enclose herewith a red-lined copy (as to the below changes only) of the above-referenced CC&R's wherein your comments have been implemented as follows: COMMENT NUMBER FROM PAGE WHERE LOCATED YOUR 11/16/90 LETTER: WITHIN CC&R'S: 1 .............. page i 2 .............. page 3 .............. page 16, Section 2.9 4 .............. page 18, Section 3.6 5 .............. page 22, Section 3.27 6 .............. page 23, Section 3.28 7 .............. page 71, Section 16.3(c) 8 .............. page 71, Section 16.3(d) 9 .............. page 72, Section 16.3(e) 10 .............. page 69, Section 16.1 11 .............. page 69, Section 16.1 12 .............. page 66, Section 15.2 13 .............. page 95, Article XXVII I have added your comments as written; but, for consistency purposes, I have maintained the defined terms within my Master Management Documents (i.e. your term: common easements changed to common area; your term: subdivision changed to Property; your term: lot changed to Unit; your term: common facilities changed to Recreational Facilities, etc.). If you have any questions, please feel free to contact me. Very ruly yours, /cc: KATHLEEN A. KELLY Mr. Michael Holzmiller, Planning Director (w/enc.) Enclosure CITY 0~ 'U1MENT ) \ CARLSBAD Drive \ 92008-1989 Serifina Homeowners Assoca- on (CT 89-39, iing Area 12) RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: A-M Homes 7 Upper Newport Plaza Newport Beach, CA 92660 Attn: Ms. Rhonda Heacock (Space Above for Recorder's Use Only) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR SERIFINA HOMEOWNERS ASSOCIATION Date: January 9, 1990 0 INDEX FOR DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR SERIFINA HOMEOWNERS ASSOCIATION PAGE ONE PAGE ARTICLE I - DEFINITIONS Section 1.1 Architectural Committee 3 Section 1.2 Articles 3 Section 1.3 Assessments 3 Compliance Assessments 3 Reconstruction Assessments 3 Regular Assessments 3 Special Assessments 3 Section 1.4 Association 3 Section 1.5 Association Rules 4 Section 1.6 Board 4 Section 1.7 Bylaws 4 Section 1.8 City 4 Section 1.9 Common Area 4 Section 1.10 Common Expenses 4 Section 1.11 Condominium 5 Section 1.12 Condominium Building 6 Section 1.13 Condominium Plan 6 Section 1.14 Declarant 6 Section 1.15 Declaration 6 Section 1.16 Development 6 Section 1.17 Exclusive Use Common Area 6 Section 1.18 Federal Agencies 6 Section 1.19 Golf Course 7 Section 1.20 Governing Instruments 7 Section 1.21 Master Architectural Control Committee 7 Section 1.22 Master Association 7 Section 1.23 Master Declaration 7 Section 1.24 Member 7 Section 1.25 Mortgage 7 Section 1.26 Mortgagee 7 Eligible Mortgage Holder 8 Requesting Mortgagee, Insurer or Guarantor 8 Section 1.27 Owner 8 Section 1.28 Phase 8 Section 1.29 Property 9 Section 1.30 The Recreational Facilities 9 Section 1.31 Residence 9 Section 1.32 Structural Common Area 9 Section 1.33 Supplementary Declaration of Annexation 9 Section 1.34 Trustee 9 Section 1.35 Unit 10 Residential Element 10 Garage 10 Rear Yard 11 -i- 0 INDEX FOR DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR SERIFINA HOMEOWNERS ASSOCIATION PAGE TWO PAGE ARTICLE II - DESCRIPTION OF COMMON INTERESTS, PROPERTY RIGHTS, RIGHTS OF ENJOYMENT AND EASEMENTS Section 2.1 Section 2.2 Section 2.3 Section 2.4 Section 2.5 Section 2.6 Section 2.7 Section 2.8 Section 2.9 Ownership of Condominium Reservation of Easements Owners Non-Exclusive Easements of Enjoyment, etc. Delegation of Use; Contract Purchasers; Tenants Minor Encroachments Easements Granted by Association Waiver of Use Reservation of Easement in Favor of Master Association Utility Easements 12 12 13 15 15 15 16 16 16 ARTICLE III - USE RESTRICTIONS Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 .Section Section Section Section Section Section Section Section Section Section Section Section Section Section Residential Use Commercial Use Window Coverings Oil Drilling Offensive Conduct; Nuisances Parking Restrictions; Use of Streets Use of Garage Signs Antennae, External Fixtures, etc. Fences, etc. Animals Restricted Use of Recreation Vehicles, etc. Outside Drying and Laundering Structural Alterations Exterior Alternations Compliance with Laws, etc. Indemnification Owners' Obligation for Taxes Enforcement Drainage Commercial Vehicles L.I•] Private Sewer Restrictions Storm Drain Restrictions 3. 7 3.8 3 -.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 17 17 17 17 17 18 18 19 19 19 19 20 20 20 20 20 20 21 21 21 21 21 22 22 22 22 22 23 -11- INDEX FOR DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR SERIFINA HOMEOWNERS ASSOCIATION PAGE THREE PAGE ARTICLE IV - THE ASSOCIATION Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Section 4.7 Formation Association Action; Board of Officers; Members' Approval Powers of the Association Duties of the Association Limitations on Authority of Personal Liability Professional Management Contract 24 24 24 26 29 31 31 Directors and Board ARTICLE V - MEMBERSHIP AND VOTING RIGHTS Section 5.1 Membership Qualifications 32 Section 5.2 Members' Rights and Duties 32 Section 5.3 Transfer of Membership 32 Section 5.4 Classes of Voting Membership 32 Section 5.5 Special Class A Voting Rights 33 Section 5.6 Voting of Members 33 Section 5.7 Joint Owner Votes 33 Section 5.8 Cumulative Voting 34 Section 5.9 Suspension and Penalties 34 ARTICLE VI - ASSESSMENTS Section 6.1 Agreement to Pay 35 Section 6.2 Personal Obligations 35 Section 6.3 Purpose of Assessments 35 Section 6.4 Regular Assessments 35 Section 6.5 Assessment Allocation 38 Section 6.6 Not Subject to Lien 39 Section 6.7 Commencement of Regular Assessments; Assessment Period 39 Section 6.8 Notice and Assessment; Installment Due Dates 40 Section 6.9 Certificate of Payment 40 Section 6.10 Subordination of the Lien to Mortgages 40 Section 6.11 Excessive Fees 40 ARTICLE VII - COLLECTION OF ASSESSMENTS: LIENS Section 7.1 Rights to Enforce 42 Section 7.2 Creation of Lien 42 Section 7.3 Notice of Default; Foreclosure 42 Section 7.4 Waiver of Exemption 43 ARTICLE VIII - INSURANCE Section 8.1 Obligation to Insure 44 Section 8.2 Notice of Cancellation or Modification 46 Section 8.3 Waiver by Owners 46 -iii- (0 INDEX FOR DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR SERIFINA HOMEOWNERS ASSOCIATION PAGE FOUR PAGE ARTICLE VIII - INSURANCE - CONTINUED Section 8.4 Required Waiver 46 Section 8.5 Annual Insurance Review 47 Section 8.6 Rights of Owners to Insure 47 Section 8.7 Trustee 48 Section 8.8 Federal Requirements 48 Section 8.9 Earthquake Insurance 41. ARTICLE IX - DESTRUCTION OF IMPROVEMENTS Section 9.1 Definitions 49 Section 9.2 Board Action 49 Section 9.3 Reconstruction 50 Section 9.4 Proceeds of Insurance 51 Section 9.5 Reconstruction Assessments 51 Section 9.6 Compliance with Plans 51 Section 9.7 Abatement of Regular Assessments 52 Section 9.8 Certificate of Intention Not to Reconstruct 52 Section 9.9 Partition 52 Section 9.10 Determination of Allocable Proceeds 53 Section 9.11 Distribution of Insurance Proceeds 53 Section 9.12 Payment of Mortgagees 53 Section 9.13 Requirements of Federal Agencies 54 ARTICLE X - EMINENT DOMAIN Section 10.1 Definition of Taking 55 Section 10.2 Representation by Board 55 Section 10.3 Award for Recreational Facilities 55 Section 10.4 Award for Condominium S 55 Section 10.5 Inverse Condemnation 56 Section 10.6 Revival of Right to Partition 56 Section 10.7 Personal Property and Relocation Allowances 56 Section 10.8 Change of Condominium Interest 56 Section 10.9 Requirements of Federal Agencies 56 ARTICLE XI - PARTITION Section 11.1 No Partition 57 Section 11.2 Proceeds of Partition Sale 57 ARTICLE XII - NON-SEVERABILITY OF COMPONENT INTERESTS IN A CONDOMINIUM Section 12.1 Prohibition Against Severance 58 Section 12.2 Conveyances 58 -iv- INDEX FOR DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR SERIFINA HOMEOWNERS ASSOCIATION PAGE FIVE PAGE ARTICLE XIII - TERM OF DECLARATION Section 13.1 Term of Declaration 59 ARTICLE XIV - PROTECTION OF MORTGAGEES Section 14.1 Mortgage Permitted 60 Section 14.2 Subordination 60 Section 14.3 Amendment 60 Section 14.4 Right to Examine Books and Records 63 Section 14.5 Distribution of Insurance and Condemnation Proceeds 63 Section 14.6 Payments by Mortgagees 63 Section 14.7 Effect of Breach 64 Section 14.8 Foreclosure 64 Section 14.9 Non-Curable Breach 64 Section 14.10 Loan to Facilitate 64 Section 14.11 Rights of Mortgage Holders, Insurers or Guarantors 64 Section 14.12 Mortgagees Furnishing Information 65 Section 14.13 Priority of Mortgagee 65 ARTICLE XV - AMENDMENT Section 15.1 Amendment Before the Close of First Sale 66 Section 15.2 Amendment After Close of First Sale 66 Section 15.3 Conflict with Article XIV or Other Provision of this Declaration 67 Section 15.4 Reliance on Amendments 67 Section 15.5 Amendments to Conform with Mortgagee Requirements 67 ARTICLE XVI - REPAIR AND MAINTENANCE Section 16.1 Repair and Maintenance of the Units by Owners 69 Section 16.2 Repair and Maintenance of Certain Common Areas and Exclusive Common Areas by or at the Expense of Owners 69 Section 16.3 Repair and Maintenance by the Association 70 ARTICLE XVII - GENERAL PROVISIONS Section 17.1 Headings 73 Section 17.2 Severability 73 Section 17.3 Cumulative Remedies 73 Section 17.4 Violations as Nuisance 73 Section 17.5 No Racial Restriction 73 _V_ 0 INDEX FOR DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR SERIFINA HOMEOWNERS ASSOCIATION PAGE SIX PAGE ARTICLE XVII - GENERAL PROVISIONS - CONTINUED Section 17.6 Access to Books 73 Section 17.7 Liberal Construction 73 Section 17.8 Notification of Sale of Condominium 73 Section 17.9 Number; Gender 74 Section 17.10 Easements Reserved and Granted 74 Section 17.11 Binding Effect 74 Section 17.12 Unsegregated Real Estate Taxes 74 Section 17.13 Delivery by Owner of Governing Instruments 74 Section 17.14 Enforcement by Association, City or Owner 75 ARTICLE XVIII - ANNEXATION Section 18.1 Annexation Without Approval and Pursuant to General Plan 76 Section 18.2 Annexation Pursuant to Approval 76 Section 18.3 Supplementary Declaration of Annexation 76 Section 18.4 Supplementary Declaration of Annexation - Optional Provisions 77 Section 18.5 Expansion of Association Membership 77 Section 18.6 No Obligation to. Annex 77 Section 18.7 Improvements on Future Phases 77 Section 18.8 Mergers or Consolidations 77 ARTICLE XIX - ARCHITECTURAL CONTROL Section 19.1 Master Architectural Control Committee Approval 2 . Section 19.2 Architectural Approval 79 Section 19.3 Appointment of Architectural Committee 79 Section 19.4 Landscaping Approval 80 Section 19.5 Additional Powers of the Architectural Committee 80 Section 19.6 Failure to Approve 80 Section 19.7 Powers 80 Section 19.8 Approval Not Waiver. 81 Section 19.9 Appeal 81 Section 19.10 Nonapplicability to Declarant 81 Section 19.11 Landscaping by Owner within 180 Days; Security Deposit 81 ARTICLE XX - VIEWS Section 20.1 Views 83 ARTICLE XXI - POST TENSION CONCRETE SYSTEM Section 21.1 Post Tension Slabs 84 ARTICLE XXII - PROTECTION FROM LIENS Section 22.1 Association to Defend 85 Section 22.2 Liens against Condominiums 85 Section 22.3 Other Liens 85 Section 22.4 Reimbursement 86 -vi- (D INDEX FOR DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR SERIFINA HOMEOWNERS ASSOCIATION PAGE SEVEN PAGE 87 87 87 88 of Power of Attorney 90 Section 23.6 Mortgage Interests and Other Encumbrances to Take Subject to Power of Attorney 90 Section 23.7 Effect on Assessment Liens 90 Section 23.8 Exclusive Use of Construction Area of the Development 91 ARTICLE XXIV - PHASING OF DEVELOPMENT Section 24.1 Declarant's Election 92 ARTICLE XXV - GOLF COURSE Section 25.1 Golf Course 93 ARTICLE XXVI - MASTER DECLARATION Section 26.1 Master Declaration 94 ARTICLE XXVII - CITY RIGHTS Section 27.1 Enforcement by City 95 Section 27.2 Indemnification of City EXHIBIT "A"I '- PROPERTY EXHIBIT "B" - DEPICTION OF RECREATIONAL FACILITIES EXHIBIT "C" - ANNEXATION PROPERTY -vii- DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR SERIFINA HOMEOWNERS ASSOCIATION This Declaration of Covenants, Conditions, Restrictions and Reservation of Easements Establishing a Plan of Condominium Ownership for Serif ma Homeowners Association ("Declaration") is made this day of , 199_, by Homes, a California limited partnership (hereinafter called "Declarant"). R E C 1 T A L 5: A. Declarant. is the owner of certain, real property ("the Property") located in the City of Carlsbad, County of'San Diego, State of California, and described on Exhibits "A" and "B" attached hereto and incorporated herein by this reference and Declarant is also the owner of the real property described on Exhibit "C" attached hereto which hereafter from time 'to 'tTime may be 4s annexed pursuant to this Declaration and thereby becomes a part of the Property. B. Declarant has improved or intends to improve the Property by constructing improvements thereon consisting of dwelling units and recreational and other facilities in accord- ance with plans and specifications on file with the City of Carlsbad, California. C. By this Declaration, Declarant intends to estab- lish a plan of condominium ownership for the Property. D. Declarant has deemed it desirable to establish covenants, conditions and restrictions upon the Property and each and every portion thereof, which will constitute a general scheme for the management of the Property and for the use, occupancy and enjoyment thereof, all for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and enhancing the quality of life within the Property. 101 E. It is desirable for the efficient management of the Property and the preservation of the value, desirability and attractiveness of the Property to create an association to which shall be delegated and assigned the powers of managing the Prop- erty, maintaining and administering the Common Area and Recrea- tional Facilities and administering and enforcing these coven- ants, conditions and restrictions and collecting and disbursing funds pursuant to the Assessments and charges hereinafter created and referred to and to perform such other acts as shall generally benefit the Property. F. Serifina Homeowners Association, a nonprofit mutual benefit association, has been incorporated under the laws of the State of California for the purpose of exercising the powers and functions aforesaid. G.- Declarant will hereafter hold and convey title to all of the Property subject to certain protective covenants, conditions and restrictions hereafter set forth. DECLARATION: Declarant declares that the Property is, and shall be, held, assigned, hypothecated, encumbered, leased, rented,: used and occupied subject to the following limitations, restrictions, easements, covenants, conditions, liens and charges, all of which are declared and agreed to be in furtherance of a plan of Condominium ownership as described in California Civil Code Sections 1350-1372 for the subdivision, improvement, protection, maintenance, and sale of Condominiums within the Property, and all of which are declared and agreed to be for the purpose of enhancing, maintaining and protecting the value and attractive- ness of the Property. All of the limitations, restrictions, easements, covenants, conditions, liens and charges shall run with the land, shall be binding on and inure to the benefit of the successors in interest of such parties. Declarant further declares that it is the express intent that this Declaration satisfy the requirements of California Civil Code, Sections 1351, 1353 and 1354. SERIFINA.CCR/CJGML/January 8, 1991 41 (5 ARTICLE I DEFINITIONS Section 1.1 "Architectural Committee" shall mean and refer to the committee or committees provided for in the Article hereof entitled "Architectural Control". Section 1.2 The "Articles" mean the Association's Articles of Incorporation and their amendments. Section 1.3 "Assessments". The following meanings shall be given to the Assessments hereinafter defined: "Compliance Assessments" shall mean a charge against a particular Owner and his Residence, directly attributable to the Owner, to reimburse the Association for costs incurred in bringing the Owner and his Residence into compliance with the provisions of this Declaration, the Articles,. Bylaws, or Association Rules as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to the Common Area or Recreational Facilities for which the Owner was allegedly responsible, or any other charge designated as a Compliance Assessment in this Declaration, the Articles, Bylaws, or Association Rules, together with Attorneys' fees and other charges payable by such Owner, pursuant to the provisions of this Declaration, plus interest thereon as provided for in this Declaration. "Reconstruction Assessments" shall mean a charge against each Member and his Residence representing a portion of the cost to the Association for reconstruction of the Common Area or Recreational Facilities pursuant to the provisions of this Declaration entitled "Destruction of Improvements." "Regular Assessments" shall mean the amount which is to be paid by each Member to the Association for Common Expenses for the forthcoming fiscal year. "Special Assessments" shall mean that amount, as determined by the Board, which is to be paid by each Member to the Association for the cost of any action or undertaking on behalf of the Association, which is not specifically covered under any other Assessment, and addressing emergency situations (as more fully set forth in Section 6.4 below). Section 1.4 The "Association" means the Serifina Homeowners Association, a California non-profit mutual benefit SERI FINA.CCR/C/GML/January 8, 1991 (P corporation, its successors and assigns. The Association is an "Individual Prolect Association", an "Individual Homeowners Association" or a "Sub-Association" as said terms are used interchangeably and as defined in the Master Declaration. Section 1.5 The "Association Rules" mean the rules and regulations regulating the use and enjoyment of the Common Area adopted by the Board from time to time. Section 1.6 The "Board" means the Board of Directors of the Association. Section 1.7 The "Bylaws" mean the Association's Bylaws and their amendments. Section 1.8 The "City" means the City of Carlsbad. Section 1.98 The "Common Area" shall mean any portion of the Property designated in this Declaration or in a Supplementary Declaration of Covenants, Conditions, Restrictions and Reservation of Easements and Notice of Annexation for the primary benefit of, or maintenance by, the Owners of Condominiums within the Property, to be owned: (1) in common by such Owners; or (ii) separately by individual Owners over which the Association may have an easement for use and maintenance purposes. The Common Area is designated as the entire Property except the Recreational Facilities and except all Units as defined in this Declaration or as shown on the Condominium Plan, and without limiting .the, generality of the foregoing, specifically includes' all structural projections within a Unit which are required for the support of a Condominium Building, gas, water, waste pipes, utility meter cabinets, all sewers, all ducts, chutes, conduits, wires and other utility installations of the structures wherever located (except the outlets thereof when located within the Units), the land upon which the structures are located, the air space above these structures, all bearing walls, columns, exterior doors, floors (not including floor coverings), the roof, the foundation, common stairways, window and skylight glass, if any, and the like. Common Area shall specifically exclude all garage door opening systems notwithstanding that the foregoing are located in the Common Area. The Common Area shall include those portions of the Annexation Property described as additional "Common Area" in any Supplementary Declaration of Annexation recorded in accordance with Article XVIII of the Declaration. Section 1.109 "Common Expenses" shall include, without limitation, and shall mean and refer to the actual and estimated: (a) Costs of maintenance, management, operation, repair and replacement of the Common Area and Recrea- tional Facilities, and all other areas on and off the SERIFIWA.CCR/C/GML/January 8, 1991 4 (5 Property which are maintained by the Association; (b) Unpaid Assessments; (c) Costs of management and administration of the Association, including but not limited to compensation paid by the Association to managers, accountants, attorneys and employees; (d) Costs of Association utilities, trash pick up and disposal, if applicable, gardening and other services which generally benefit and enhance the value and desirability of the Common Area Property; (e) Costs of fire, casualty, liability, workmen's compensation and other insurance covering the Common Area and Recreational Facilities; (f) Costs of any other insurance obtained by the Association; (g) Reasonable services and reserves (including, but not limited to a reserve fund to cover the deductibles under Association insurance policies and an adequate reserve for the replacement of improvements to the Common Area and Recreational Facilities) as deemed appropriate by the Board; (h) Costs of bonding (including but not limited to fidelity bonds) of the members of the Board, any professional managing agent, or any other person handling the funds of the Association; (i) Taxes paid by the Association; (j) Amounts paid by the Association for discharge of any lien or encumbrance levied against the Common Area and Recreational Facilities or portions thereof; (k) Costs incurred by the Architectural Committee or other committees established by the Board; and (1) Other expenses incurred by the Association for any reason whatsoever in connection with the Common Area and Recreational Facilities or the costs of any other item or items designated by the Governing Instruments, or in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association. Section 1.110 A "Condominium" means an estate in real property as defined in California Civil Code, Section 783 SERIFINA.CCR/C/GML/January 8, 1991 5 consisting of an undivided interest as a tenant in common in certain Common Area, together with an interest in a Unit shown and described on a Condominium Plan, and all easements appurtenant thereto. Each Owner shall have a fractional undivided interest as a tenant in common in the Common Area of the Lot said Owner's Unit Condominium is located in, such fractional undivided interest shall be appurtenant to each Unit within such property and shall be described in the instrument conveying a Unit Condominium to an the Owner s of such Units. Section 1.12- A "Condominium Building" shall mean a separate building containing one or more Units. Section 1.132- The "Condominium Plan" means the Condo- minium Plan recorded pursuant to California Civil Code, Section 1351 respecting the Property, and any amendments to the plan. In interpreting deeds, leases, declarations and plans, the existing physical boundaries of a Unit and Exclusive Use Common Area constructed in substantial accordance with the Condominium Plan shall be conclusively presumed to be its boundaries rather than the description expressed in the deed, declaration-or plan, regardless of settling or lateral movement of the building and minor variances between boundaries as shown on the-plan or in the deed or declaration and those of the Condominium Bbuild,inge as constructed. Section 1.142- The "Declarant" means A-M Homes, a California limited partnership, and its successors and assigns, if such-successors and assigns, acquire or. hold -recOrd -title -to any portion of the Property for development purposes. Section 1.154 The "Declaration" means this Declaration of Covenants, Conditions, Restrictions and Reservation of Easements Establishing a Plan of Condominium Ownership for Serifina Homeowners Association. Section 1.16& The "Development" shall mean and refer to all the real property described on Exhibits "A" and "B" hereto and all of the annexable real property described on Exhibit "C" attached hereto. Section 1.17-6 The "Exclusive Use Common Area" shall mean and include those portions of the Common Area over which exclusive easements are reserved exclusivcly for the use and benefit of Owners of the Unit served, including, but not limited to, exterior stairways, balconies and air conditioning pads, if any, as those areas are described on the Condominium Plan. - Section 1.18 "Federal Agencies" shall mean and to collectively one or more of the following agencies and following letter designation for such agencies shall mean refer to respectively, the agency specified within the refer the and SERIFINACCR/C/GML/January 8, 1991 ri parenthesis following such letter designation: FHA (Federal Housing Administration), FHLMC (Federal Home Loan Mortgage Association), FNMA (Federal National Mortgage Association), GNMA. (Government National Mortgage Association), VA (Veterans Administration). Section 1.208 The "Governing Instruments" mean the Articles, Bylaws, this Declaration and the Association Rules. Unless otherwise stated therein, the terms defined herein in the Declaration shall have the same definitions and meanings when used in said Articles, Bylaws and Association Rules. Section l.249 A "Member" means every person or entity who holds a membership in the Association. Section 1.258 A "Mortgage" means a Mortgage or deed of trust encumbering a Condominium or other portion of the Property. An "Institutional Mortgagee" is a Mortgagee which is a bank or savings and loan association or mortgage company or other entity chartered or licensed under federal or state laws whose principal business is lending money on the security of real property, or any insurance company or any federal or state agency. A "First Mortgage" or "First Mortgagee" is one having priority as to all other Mortgages or holders of Mortgages encumbering the same Condominium or other portions of the Property. Section 1.26 A "Mortgagee" shall mean and refer to the beneficiary under any Mortgage. SERIFINA.CCR/C/GML/January 8, 1991 7 The following additional terms describe Mortgagees or insurers or guarantors of Mortgages who are entitled to specific rights in the Governing Instruments: "Eligible Mortgage Holder" shall mean a First Mortgagee who is entitled to receive notification from the Association and has the right to vote or approve any proposed amendment or action that requires the consent of a percentage of Eligible Mortgage Holders. Such Eligible Mortgage Holder shall be entitled to receive such notification and to vote on such matters only if such Eligible Mortgage Holder delivered to the Board a prior written request therefor. Wherever the approval of all or a specified percentage of Eligible Mortgage Holders is required it shall be deemed to mean the vote or approval of all or a specified percentage only of those First Mortgägees who have become Eligible Mortgage Holders by reason of having provided such notification to the Board. Wherever the vote or written approval of Eligible Mortgage Holders is required, it shall be deemed to mean such vote or approval of the percentage specified based on one (1) vote for each unit encumbered by a First Mortgage. "Requesting Mortgagee, Insurer or Guarantor" shall mean the Mortgagee, or Insurer or Guarantor of a Mortgage entitled to receive timely written notification from the Association of certain matters as provided elsewhere in the Governing Instruments. Mortgagee, Insurer or Guarantor must deliver to the Associationawritten request therefor stating thename and address of such Mortgagee, or Insurer or Guarantor and the address or other identification of the Condominium encumbered by the Mortgage held, insured, or guaranteed by such Mortgagee, or Insurer, or Guarantor. Section 1.27- An "Owner" shall mean and refer to one or more persons or entities who are alone or collectively the record owner of a fee simple title to a Condominium, including Declarant, excluding those having any such interest merely as security for the performance of an obligation. If a Condominium has been sold under a land sale contract in which the State of California is the vendor, then the vendee shall be deemed to be the Owner of such Condominium. If a Condominium is leased by Declarant for a term in excess of ten (10) years and the lease or memorandum thereof is recorded, the lessee or transferee of the leasehold interest and not the Declarant shall be deemed to be the Owner. If fee title to a Condominium is owned other than by Declarant, the Owner of the fee title and not the lessee of such Condominium shall be deemed the Owner regardless of the term of the lease. Section 1.28- A "Phase" shall mean and refer to (i) all of the Property described in Exhibit "A" attached hereto SERIFINA.CCR/CJGML/January 8, 1991 8 (Phase 1); or (ii) all the real property covered by a Supplementary Declaration of Annexation to this Declaration pursuant to Article XVIII of this Declaration. Section 1.29+ "Property" shall mean and refer to all of the real property described on Exhibit "A" and "B" attached hereto and, subsequent to the annexation thereof pursuant to the Article of this Declaration entitled "Annexation," any real property which shall become subject to this Declaration. Section 1.302-5 The "Recreational Facilities" shall mean and refer to the real property and the improvements thereon owned or lea by the Association for the common use and enjoyment of the Members, including without limitation: pool, spa and restrooms. The real property upon which the Recreational Facilities are depicted shall be constructed is described on ii Exhibit "B" attached hereto. On or before the date of the first Tiiflh]T. In in flfl1UIT I Section 1.31-2-6 A "Residence" shall mean and refer to a Condominium. Section 1.322- "Structural Common Area" shall mean the Condominium Buildings and any Exclusive Use Common Area which, in the originaL construction of the Condominium Building, or in any rReconstruction thereof, was attached or affixed thereto including, but not limited to decks, balconies, patios, exterior doors, door frames, and hardware incident thereto, screens and windows, and shall also include any walls or fences forming the boundaries of a Residence. Section 1.3324 "Supplementary Declaration of Annexation" shall mean those certain Supplementary Declarations of Covenants, Conditions, Restrictions and Reservation of Easements and Notice of Annexation, or similar instruments, annexing additional property extending the plan of this Declaration to such additional property as provided in Article XVIII of this Declaration entitled "Annexations". Section 1.34-2-9 "Trustee" shall mean and refer to the insurance trustee appointed by the Board and shall be a commercial bank, or branch thereof, or a trust company in San Diego County, which has agreed in writing to accept such trust; provided, however, if the Board is unable to find such an institution to act as trustee for reasonable compensation after diligent search, the Board may designate itself to act as the Trustee. SERIFIHACCR/C/GML/January 8, 1991 9 Section 1.35-O A tiunitti means the separate interest in space as defined in Section 1351(f) of the California Civil Code which is comprised of the elements of a Condominium that are not owned in common with the other Owners of Condominiums in the Property, :including the Residential Element, Garage, Entry Court and Rear Yard, (as applicable), such Units and their respective elements and boundaries being shown and particularly described in the Condominium Plan. In addition, all air conditioning equipment, if any, which services a particular Unit, shall be deemed a part of such Unit whether or not shown on the Condominium Plan. In interpreting deeds and plans the existing physical boundaries of a Unit and its Exclusive Use Common Area or of a Unit and its Exclusive Use Common Area reconstructed in substantial accordance with the original plans shall be conclusively presumed to be its boundaries rather than the description expressed in the deeds or plans, regardless of minor variance between boundaries shown on the plans or in the deed and those of the actual building and regardless of settling or lateral movement of the building. Whenever reference is made in this Declaration, in the Condominium Plan, in any deed or elsewhere'-,;-to a Unit it shall be assumed that such reference is made to t1i Unit as a whole, including each of its component elements, :and to any and all exclusive easements appurtenant to such Unit over Common Area, if any. or purposes of this section, the following definitions shall apply: 'Residentiai Element" shall mean that portion ofa Unit designed for use as a single family residence, and shall be identified. on the Condominium Plan and bounded by and contained within the-'interior unfinished surfaces of the perimeter walls, floors, ceilings, windows and doors of each Residential Element and the outlets of all utility installations therein. shall mean that portion of a Unit designed for use as a garage and shall be identified on the Condominium Plan; fellows: (a) The lower vertieal boundary is a heriental plane, the elevation of which is three feet (3 1 ) below the finished Residential the Element of Unit; The lateral and (C) adjoining finished the exterior the surfaces of perimeter boundaries are the Residential Element of walls,windows, and deer of adjoining finished surfaees the Condominium of contiguous the Unit and the Common Area walls or fences, Buildings, where they exist, and any and each such Court shall include the where they exist, Entry SERIFiNA.CCR/C/GML/January 8, 1991 10 0 improvements and earth lying within said boundaries and the air space encompassed by said boundaries; "Rear Yard" shall mean that portion of a Unit designed for use as a yard, recreation, gardening, and/or landscaping area to the side and rear of the Unit which boundaries are as follows: (a) The lower vertical boundary is a horizontal plane, the elevation of which is ten feet (10 1 ) below the finished floor of the adjoining Residential Element of the Unit; (b) the upper vertical boundary is a horizontal plane, the elevation of which is ten twelve feet (10') (12 1 ) above the finished floor of the adjoining Residential Element of the Unit; and (c) The lateral boundaries are the exterior finished surfaces of the perimeter walls, windows, and doors of the adjoining Residential Element of the Unit and the finished surfaces of the contiguous Condominium Buildings, where they exist, and any Common Area walls or fences, where they exist, and each such Rear Yard shall include the improvements and earth lying within said boundaries and the air space encompassed by said boundaries. SERIFINA.CCR/C/GML/January 8, 1991 11 ARTICLE II DESCRIPTION OF COMMON INTERESTS, PROPERTY RIGHTS, RIGHTS OF ENJOYMENT AND EASEMENTS Section 2.1 Ownership of Condominium. Ownership of each Condominium within the Property shall include a Unit in fee simple, an equal undivided interest in the Common Area of the lot in which the Unit is located, which undivided interest shall be specified in the deed from Declarant to each Owner and which undivided interest cannot be altered or changed as long as the prohibition against severability of component interests in a Condominium remains in effect as provided in this Declaration, a membership in the Association, and any exclusive or non-exclusive easement or easements appurtenant to such Condominium over the Common Area as described in this Declaration, the Condominium Plan, or the deed to the Condominium. Each Owner in a Phase shall receive an equal undivided interest in the Common Area of such lot in which the Unit is located. Phase. Section 2.2 Reservation of Easements. Declarant expressly reserves, for the benefit of the Owners in the Property and the Association, reciprocal, non-exclusive use easements for access, ingress and egress overall of the Common Area including Association for so long as Declarant owns any interest in the Property. Declarant. also-reserves for the benefit of itself, an easement over the private streets within the Property, together with the right to grant and transfer the same to any other persons or entities who obtain an ownership interest in and to the Annexation Property, described on Exhibit. "C" attached hereto. Declarant expressly reserves for the benefit of itself, together with the right to grant and transfer the same, an easement for construction, display, maintenance, sales, and exhibit purposes over the Common Area and Recreational Facilities in connection with the sale or lease of Condominiums within the Property provided, however, that such use shall not be for a period beyond (i) seven (7) years after conveyance of such Common Area or Recreational Facilities, or (ii) the sale by Declarant of all Condominiums within the Development, whichever of (1) or (ii) occurs first. Subject to the provisions of this Declaration governing use and enjoyment thereof, such easements may be used by Declarant, its successors, purchasers and all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for recreational purposes, walkways, vehicular access and such other purposes reasonably necessary for use and enjoyment of a Condominium in the Property. Declarant expressly reserves for the benefit of the Association, its Board and all agents, officers and employees of the Association non-exclusive use easements over the Common Area and Recreational Facilities as necessary to maintain and repair the Common Area and Recreational SERIFINA.CCR/C/GML/January 8, 1991 12 0 Facilities and to perform all other tasks in accordance with the provisions of this Declaration. Such easements over the Common Area and Recreational Facilities shall be appurtenant to and shall pass with the title to every Condominium conveyed. Declarant expressly reserves for the benefit of certain Owners exclusive use easements for the use of the Exclusive Use Common Area defined above and which is depicted and described on the Condominium Plan and assigned to particular Owners for correspondingly numbered Units in the Condominium Plan and on the individual deeds of the respective Condominiums. Declarant expressly reserves, for the benefit of the Association the right of Declarant to grant additional easements and rights-of-way over the Property to utility companies and public agencies, as necessary for the proper development and disposal of the Property, until but in no event longer than five (5) years from the date of issuance of the original inal Dpublic report issued by the California Department of Real Estate. The Board of the Association, with a vote or written consent of a majority of both the Class A and Class B Members, shall have the right to grant easements and rights-of-way over the Common Area after the close of escrow for the sale of the first Condominium from the Declarant in the Property. Declarant, the Association and Owners of contiguous Units shall have a reciprocal easement appurtenant to each of the Units over the Units and the Common Area and Recreational Facilities for the purpose of (1) accommodating any existing encroachments of any wall of the building, and (2) maintaining the same and accommodating authorized construction, reconstruction, repair, shifting, movement or development housing their respective Units. There are specifically reserved for the benefit of the Owners easements and reciprocal servient tenements for utility services and repairs, replacement and maintenance of the same over all of the Common Area and Recreational Facilities. Such easements shall not unreasonably interfere with the use and Section 2.3 Owners Non-Exclusive Easements of Enloyment, etc. Every Owner of a Condominium shall have a non-exclusive easement of use and enjoyment in, to and throughout the Common Area and Recreational Facilities; however, such non-exclusive easements shall be subordinate to, and shall not interfere with, exclusive use easements appurtenant to Units over the Common Area and Recreational Facilities. Each such non-exclusive easement shall be appurtenant to and pass with the title to every Condominium, subject to the following rights and restrictions: SERIFINA.CCR/C/GML/January 8, 1991 13 () (a) The rights of the Association to limit the number of guests, and to adopt and to enforce the Association Rules. (ke) The right of the Association to borrow money to improve, repair or maintain the Recreational Facilities. (ad) The right of the Association to assign, rent, license, or otherwise designate and control use of unassigned parking and storage spaces, if any, within the Common Area (other than those portions subject to exclusive use easements appurtenant to Units, if any). (ge) The right of the Association to impose monetary penalties, temporary suspensions of an Owner's rights as a Member of the Association or other appropriate discipline for failure to comply with the Governing Instruments provided that the procedures for notice and hearing, satisfying the minimum requirements of Section 7341 of the Corporations Code, are followed with respect to'the accused Members before a decision to • impose discipline is reached. Notwithstanding the .foregoing, •the.Association has no power to cause.a forfeituréThr abridgement of an Owner's rights to the full use. and enjoyment of his individually-owned subdivision interest on account of a failure by the Owner to comply with provisions of the Governing Instruments or of duly-enacted rules of operation for the Common Area and Recreational Facilities except where the loss or forfeiture is the result of the judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under a power of sale for failure of the Owner to pay Assessments levied by the Association. () The right of Declarant or its designees to enter on the Property to construct the Property and to make repairs and remedy construction defects if such entry shall not unreasonably interfere with the use of any occupied Unit unless authorized by the Unit Owner. (fg) The right of the Association, or its agents, to enter any Unit to perform its obligations under this • Declaration, including obligations with respect to construction, maintenance or repair for the benefit of the Common Area and Recreational Facilities, or the SERIFINA.CCR/C/GML/January a 14 Owners in common, or to make necessary repairs that the Unit Owner has failed to perform. This right shall be immediate in case of an emergency originating in or threatening such Unit, whether or not the Owner is present. (h) The right of any Owner, or his representative, to enter the Unit of any other Owner to perform permis- sible installations, alterations or repairs to mechani- cal or electrical services, including installation of television antennae and related cables, or otherwise, if requests for entry are made in. advance and such entry is at a time convenient to the Owner whose Unit is being entered ,_except that in the case of emergency such right of entry shall be immediate. Section 2.4 Delegation of Use; Contract Purchasers; Tenants. Any Owner may delegate his rights of use and enjoyment in the Property, including any Recreational Facilities to Members of his family, guests, invitees, tenants, unrecorded contract purchasers, and to such other persons as may be permitted by the Bylaws and the Association Rules, subject however, to this Declaration, to the Bylaws and to the Association Rules. Any delegated rights of use and enjoyment are subject to monetary penalties, temporary-suspensions, or other appropriate discipline to the same extent as are the rights of Owners. Section 2.5 Minor Encroachments. If any portion of the Common Area or-Recreational -Facilities encrOaches: on--anyUnit or if any portion of a Unit encroaches on the Common Area or Recreational Facilities, regardless of the cause, a valid easement exists for such encroachment and for the maintenance of it as long as it remains, and all Units and the Common Area and Recreational Facilities are made subject to such easements. If any structure containing a Unit is partially or totally destroyed and then rebuilt and any encroachment on the Common Area and Recreational Facilities results, a valid easement exists for such encroachment and for the maintenance of it as long as It remains, and all Units and the Common Area and Recreational Facilities are made subject to such easements. Section 2.6 Easements Granted by Association. The Association shall have the right to grant and convey to any third party, easements and rights-of-way in, on, over or under the Common Area and Recreational Facilities for the purpose of constructing, erecting, operating or maintaining lines, cables, wires, conduits, or such other devices for electricity, cable television, power, telephone and other purposes, public sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and any similar public or quasi-public improvements or facilities, and each purchaser, in accepting a deed to a Condominium, expressly consents to such SERIFINA.CCR/C/GML/January 8, 1991 15 0^t4 S easement. In addition to the foregoing easements over the Common Area and Recreational Facilities there shall be easements for public services, including, but not limited to, the right of police, fire, ambulance and other public services to enter upon any part of the Common Area and Recreational Facilities for purposes of serving the health and welfare of all Owners in the Property. However, no such easement can be granted if it would interfere with the use, occupancy or enjoyment by any Owner of his Unit. Section 2.7 Waiver of Use. No Member may exempt himself from personal liability for Assessments duly levied by the Association, nor release the Unit owned by him from the liens, charges and other provisions of this Declaration, the Articles, Bylaws and Association Rules, by waiver of the use and enjoyment of the Common Area, Recreational Facilities or the abandonment of his Unit. SERIFINA.CCR/C/GML/January 8, 1991 01.4 (0 ARTICLE III USE RESTRICTIONS Section 3.1 Residential Use. Units shall be used for residential purposes only. However, Units owned by Declarant may be used by Declarant or its designees as models, sales offices, and construction offices for the purpose of developing, improving and selling Condominiums in the Property. However, this use shall be limited to no longer than five (5) years from the date of issuance of the original final public report by the Department of Real Estate. Nothing in this Declaration shall prevent an Owner from leasing or renting his Condominium. However, any lease or rental agreement shall be for a period greater than thirty (30) days and shall be in writing and any tenant shall abide by and be subject to all provisions of this Declaration, the Articles, the Bylaws, and the Association Rules and any lease or rental agreement must specify that failure to abide by such provisions shall be a default under the lease or rental agreement. Also, no Owner shall rent, lease or let his Condominium for transient or hotel purposes or for any period less than thirty (30) days. Section 3.2 Commercial Use. •Except as otherwise provided in Section 3.1, no part of the Property shall be used or caused, allowed, or authorized to be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending, or other such non-residential purpose. - -- Section 3.3 Window Coverings. Windows can be covered only by drapes, shades, blinds, or shutters, and cannot be painted or covered by aluminum foil, cardboard, or other similar materials. Section 3.4 Oil Drilling. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted on or in the Property, no oil wells, tanks, tunnels or mineral excavations or shafts shall be permitted on the surface of the Property or within five hundred (500) feet below the surface of the Property. No derrick or other structure designed for use in drilling for water, oil or natural gas shall be erected, maintained or permitted on the Property. Section 3.5 Offensive Conduct; Nuisances. No noxious or offensive activities, including but not limited to, repair of automobiles or other motorized vehicles, except for minor repairs, shall be conducted within the Property. Nothing shall be done on or within the Property that may be or may become an annoyance or nuisance to the residents of the Property, or that in any way interferes with the quiet enjoyment of occupants SERI FINA.CCR/C/GML/January 8, 1991 17 0 of Units. Section 3.6 parking Restrictions; Use of Streets; Use of Garage. Unless otherwise permitted by the Board, no automobile shall be parked or left within the Property other than within a garage, or assigned or appurtenant parking stall or space. No parking shall be allowed on the private streets within at the expense of the violating owner. No boat, trailer, recreational vehicle, camper, motorhome, truck, or commercial vehicle shall be parked or left within the Property other than in a parking area designated by the Board for the parking and storage of such vehiclés, if any. No Owner shall use or permit within the Property. However, parking by commercial vehicles for thepurpdse'ofmaking deliveries shall be permitted in -accordance with the Association Rules. Any garages and carports shall be used for parking automobiles only and shall not be converted for living or recreational activities. Any garage doors shall remain closed at all times except when being used to enter or exit. Section 3.7 Signs. Until the Development Property is sold out and/or until improvements to the Condominiums are completed, but in no event longer than five (5) years from the date of issuance of the original final public report by the Department of Real Estate, Declarant or its designees may display signs to the public view for the purpose of developing, selling and improving Condominiums within the Property on or from any Unit or within the Common Area or Recreational Facilities without the approval of the Architectural Committee Board. Owners or their agent shall not also have the right to display a sign on or from their Unit or on their Exclusive Use Common Area which sign is of reasonable dimensions and design advertising the Unit for sale, lease or exchange without the prior written approval of the Committee, as may be required. Board No other signs shall be installed within the Property, within the Common Area or Recreational Facilities, or on or from any Unit without the prior written approval of the Architectural Committee and the Master SERIFINA.CCR/C/GML/Januar'y 8, 1991 0) Architectural Control Committee, as may be required. Board Section 3.8 Antennae, External Fixtures, etc. No television or radio poles, satellite dish, antennae, or antennae device of any type shall hereafter be erected, constructed, placed, or permitted to remain on the Property unless the same be totally contained within a building or underground conduit. No wiring, insulation, air-conditioning, or other machinery or equipment other than that originally installed by Declarant or approved by the Board, and their replacements shall be constructed., erected or maintained on or within the Common Area, including any structures on it. Each Owner shall have the right to maintain television or radio antennae within completely enclosed portions of his Unit, or the attic space, if any, directly above his Unit. Said television or radio antennae shall Owners. Section 3.9 Fences, etc. No fences, awnings, patio covers, ornamental screens, screen. doors, sunshades or walls of any nature shall be erected or maintained on or around any portion of. any Unit or structure or elsewhere within the Property except those that are installed in accordance with the original construction of the Property, and their replacements or as are authorized and approved in writing by the Architectural Committee Section 3.10 Animals. No animals, reptiles, rodents, birds., fish, livestock or poultry shall be kept in any Unit or elsewhere within the Property except that domestic dogs, cats, fish and birds may be kept as household pets within any Unit and their Rear Yard if they are not kept, bred or raised for commercial purposes. The Board can prohibit maintenance of any animal that constitutes a nuisance to any other Owner in the sole and exclusive opinion of the Board. Each person bringing or keeping a pet upon the Property shall be absolutely liable to other-Owners, their family members, guests and invitees, for any damage to persons or property caused by any pet brought upon or kept upon the Property by such person or by members of his family, his guests or invitees. It shall be the absolute duty of each such Owner to immediately clean up the excrement or other unclean or unsanitary condition caused by said animal on any portion of the Property. Section 3.11 Restricted Use of Recreation Vehicles, No boat, truck, trailer, camper, motorhome, recreational vehicle or tent shall be used as a living area while located on the Property. However, trailers or temporary structures for use incidental to the initial construction of the Property or the initial sales of Condominiums may be maintained within the Property, but shall be promptly removed on completion of all SERI FINA.CCR/C/GML/January 8, 1991 initial construction and all initial sales. Section 3.12 Outside Drying and Laundering. No exterior clothesline shall be erected or maintained anywhere within the Property including an Owner's Exclusive Use Common Area and there shall be no exterior drying or laundering of clothes on balconies, patios, in entryways or other areas anywhere within the Property. Section 3.13 Structural Alterations. No structural alterations to the interior of or Common Area surrounding any Unit shall be made and no plumbing or electrical work within any bearing or common walls shall be performed by any Owner without the prior written consent of the Architectural Committee and the Master Architectural Control Committee. Section 3.14 Exterior Alterations. No Owner sha1l at his expense or otherwise make any alterations or modifications to the exterior of the buildings, roofs, doors, windows, fences, railings, or walls situated within the Property without the prior written consent of the Architectural Committee and the Master Architectural Control Committee. Section 3.15 - Compliance With Laws, etc. Nothing shall be done or kept in any Unit or in the Common Area that might increase the rate-of, or cause the cancellation of, insurance for the Property, or any portion of the Property, without the prior written consent of the Board. No Owner shall permit ;anything to be, :doneor kept , in his Unit that violates any law, ordinance,"'statute -,rüle or regulation of any local, county, state or federal body. Section 3.16 Indemnification. Each Owner shall be liable to the remaining Owners for any damage to the Common Area and Recreational Facilities that may be sustained by reason of the negligence of that Owner, members of his family, guests or invitees. ,but only to the extent that any such damage is not covered by insurance. Provided, however, said Each Owner shall be responsible to pay all costs associated with said damage, including but not limited to, all costs of repair, without making a claim on the Association's insurance. Each Owner, by acceptance of his deed, agrees for himself and for the members of his family, guests or invitees, to indemnify each and every other Owner, and to hold him harmless from, and to defend him against, any claim of any person for personal injury or property damage occurring within the Unit of that particular Owner or within any exclusive use easements over the Common Area appurtenant to the Owner's Unit. Section 3.17 Owner's Obligation for Taxes. To the extent allowed by law, all Condominiums, including their pro rata undivided interest in the Common Area and the membership of an SERIFINA.CCR/C/GML/January 8, 1991 20 (0 Owner in the Association, shall be separately assessed and taxed so that all taxes, assessments and charges which may become liens prior to first Mortgages shall relate only to the individual Condominiums and not to the Property as a whole. Each Owner shall be obligated to pay any taxes or assessments assessed by the San Diego County Assessor against his Condominium and against his personal property. Section 3.18 Enforcement. The failure of any Owner. to comply with any provision of this Declaration, the Articles, Bylaws or Association Rules, or the decisions made by the Board pursuant thereto shall give rise to a cause of action in the Association and any Owner for the recovery of damages or for injunctive relief, or both. Section 3.19 Drainage. Each Owner agrees for himself and his successors in interest that he will not in any way interfere with the established drainage pattern in his Rear Yard, or that he will make adequate provisions for.proper drainage in the event it is necessary to change the established drainage over his Rear Yard. For the purposes hereof, "established" drainage is defined as the drainage which occurred at the time the overall grading of the Property was completed by Declarant.. AlteratiOn of said established drainage can cause trapped water, which niy result in the shifting of and damage to the foundation of an Owner's Residence and neighboring Residences. Section 3.20 Commercial Vehicles. No Commercial vehicle (which shall be defined as a truck of greater than three- quarters. (3/4) ton capacity) may be parked or stored in any Unit or in the Common Area or Recreational Facilities. This restriction shall not be deemed to prevent temporary parking in order to:provide maintenance or repair services to a Unit. SERiFINA.CCR/C/CML/January 8, 1991 21 (9 [1 Section 3.26 within individually owned Units and barbecue SERIFINA.CCR/C/GML/January 8, 1991 22 (D t F I , SERIFINA.CCR/C/GML/January 8, 1991 23 ARTICLE IV THE ASSOCIATION Section 4.1 Formation. The Association is a non- profit mutual benefit corporation formed under the laws of California. Upon the close and recording of the first Condo- minium sale to an Owner, the Association shall be charged with the duties and invested with the powers set forth in the Articles, the Bylaws and this Declaration, including, but not limited to, control and maintenance of the Common Area and the Recreational Facilities. Section 4.2 Association Action; Board of Directors and Officers; Members' Approval. Except as to matters requiring the approval of Members as set forth in this Declaration, the Artiôles, or the Bylaws, the affairs of the Association shall be conducted by the Board and such officers as the Board may elect or appoint. Such election or appointment shall be in accordance with this Declaration or the Bylaws, and their amendments. Except as otherwise provided in this Declaration, the Articles or the Bylaws, all matters requiring the approval of Members shall be approved in accordance with Section 5.6 hereinbelow. Section 4.3 Powers of the Association. The Association shall have all the powers of a nonprofit mutual benefit corporation organized under the General Nonprofit Mutual Benefit Corporation Law of California, subject only to such lirnitationson the exercise of such.powers as are set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do any lawful thing that may be authorized, required, or permitted to be done by the Association under this Declaration, the Articles and the Bylaws, and to do and perform any act that may be necessary or proper for or incidental to, the exercise of any of the express powers of the Association, including, without limitation, the following: (a) Assessments. The Association shall have the power to establish, fix, and levy Assessments against the Owners and to enforce payment of such Assessments, in accordance with the provisions of this Declaration. Provided, however, under those certain circumstances set forth in Section 6.4 herein, the approval of Members shall be required as set forth therein. (b) Right of Enforcement. The Association in its own name and on its own behalf, or on behalf of any Owner who consents, can commence and maintain actions for damages or to restrain and enjoin any actual or threatened breach of any provision of this Declaration or of the Articles or Bylaws, or of the Association Rules or any resolutions of the Board, and to enforce by mandatory injunction, or other- SERIFINA.CCR/C/GML/January 5, 1991 24 67 wise, all of the provisions thereof. In addition, the Association shall have the powers to initiate and execute disciplinary proceedings against Members of the Association for violations of provisions of the Governing Instruments An accordance with procedures set forth in the Governing Instruments. (c) Right of Entry. The Association shall have the power to enter upon any privately-owned Unit or Exclusive Use Common Area as necessary in connection with construc- tion, maintenance or emergency repair for the benefit of the CommonArea or the Owners in common. Except in the event of an emergency, the Association shall provide the Owner with a minimum of twenty-four (24) hours notice of said entry. (d) Borrowing Money. The Association shall have the power to borrow money and incur indebtedness for the purpose of maintenance:of the Association's property. and to execute and deliver therefor, in the Association's name, promissory notes, ibonds, debentures, deeds of trust, Mortgages, pledges or other evidences of debt and security therefor. (e) Delegation of Powers; Professional Management. The Association acting by and through the Board can delegate its powers, duties, and responsibilities to committees or employees, including a professional managing agent ("Manager"). Any agreement for professional management of the Property shall be subject to Sections 4.5(a) (i) and 4.7 hereinbelow. (f) Association Rules. The Board shall have the power to adopt, amend and repeal the Association Rules as it deems reasonable. The Association Rules shall govern the use of the Common Area and Recreational Facilities by all Owners, and their families, guests, invitees or by any contract purchaser, or tenant, and their respective family members, guests :or invitees. However, the Association Rules shall not be- ' :inconsistent with or alter any provisions of this Declartion, the Articles or the Bylaws. A copy of the Association Rules as adopted, amended or repealed, shall be mailed-or otherwise delivered to each Owner and a copy shall be posted in a conspicuous place within the Property or at the office of the Manager of the Association. In case of any conflict between any of the Association Rules and other provisions of this Declaration, the Articles, or Bylaws, the conflicting Association Rule shall be deemed to be superseded by the provisions of this Declaration, the Articles or Bylaws. (g) Pledge of Assessment Rights. The Association shall have the power to pledge the right to exercise its Assessment powers in connection with obtaining funds to SERIFINA.CCR/C/GML/January 8, 1991 25 repay a debt of the Association; provided, however, any such pledge shall require the prior affirmative vote or written assent of not less than seventy-five percent (75%) of the Class A Members and seventy-five percent (75%) of the Class B Members and shall require the affirmative vote of not less than seventy-five percent (75%) of the first Mortgagees based on one (1) vote for each Unit encumbered by a First Mortgage . Said power shall include, but not be limited to, the ability to make an assignment of Assessments which are then payable to or which will become payable to the Association, which assignment may be then presently effective but shall allow said Assessments to continue to be paid to and used by the Association as set forth in this Declaration, unless and until the Association shall default on the repayment of the debt which is secured by said assignment. The Association may levy Special Assessments against the Members to obtain such funds. Upon the failure of any Member to pay said Special Assessment when due, the Association may exercise all of its rights including, without limitation, the right to foreclose its lien, pursuant to Article VII hereof. Section 4.4 Duties of the Association. In addition to the powers delegated to it by its Articles or the Bylaws, and without limiting their generality, the Association, acting by and through the Board, or persons or entities described in Section 4.3(e), has the obligation to conduct all business..affairs of common interest to all Owners and to perform each of the following duties: (a) Operation and Maintenance of Common Area and Recreational Facilities. To operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area and all of its facilities and the Recreational Facilities and any other property acquired by the Association, including personal property, in a good condition and in a good state of repair. In this connection, the Association may enter into contracts for services or materials for the benefit of the Association or the Common Area and Recreational Facilities, including contracts with Declarant. (b) Taxes and Assessments. To pay all real and personal property taxes and assessments and all other taxes levied against the Association. Such taxes and assessments may be contested or compromised by the Association; provided, that they are paid or that a bond insuring payment is posted before the sale or the disposition of any property to satisfy the payment of such taxes. SERIFINACCR/C/GML/January 8, 1991 26 (0 (C) Water and Other Utilities. To acquire, provide and pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone, cable television, gas, and other necessary utility services for the Common Area, the Recreational Facilities, and for Condominiums when Condominiums are not separately billed. (d) Insurance. To obtain, from reputable insurance companies, and maintain the insurance described in Article VIII. (e) Enforcement of Restrictions and Rules. To perform such other acts, whether or not expressly authorized by this Declaration, that may be reasonably necessary to enforce any of the provisions of this Declaration, the Articles and Bylaws, and the Association's Rules and Board resolutions. (f) Preparation of Budgets and Financial Statements. To prepare budgets and financial statements for the Association as required by the Declaration or Bylaws. (g) Election of Officers. To elect officers of the Association. (h) Filling of Vacancies on Board.'. To fill vacancies on the Board except for a vacancy created by the removal of a director- (i) Enforcement of Bonded Obligation., If the Associa- tion is the obligee under a bond or other arrangement ("Bond") to secure performance of a commitment of the Declarant or its successors or assigns to complete Common Area improvements or improvements on the Recreational Facilities, not completed at the time the California Commissioner of Real Estate issues a final subdivision public report for the Property, the Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any improvement for which a notice of completion has not been filed within sixty (60) days after the completion date specified for that improve- ment in the "planned construction statement" appended to the Bond. However, if the Association through action of the Board has given an extension in writing for the completion of any Common Area improvement or improvements on the Recreational Facilities, the Board shall consider and vote on the action to enforce the obligations under the Bond only if a notice of completion has not been filed within thirty (30) days after the expiration of the extension. SERIFINA.CCR/C/GML/January 8, 1991 27 (0 If the Board fails to consider and vote on the action to enforce the obligations under the Bond, or if the Board decides not to initiate action to enforce the obligations under the Bond, then on the petition in writing to the Board signed by Members of the Association representing not less than five percent (5%) of the total voting power of the Association, the Board shall call a special meeting of Members for the purpose of voting to override the decision of the Board not to initiate action or to compel the Board to take action to enforce the obligations under the Bond. The meeting shall be called by the Board by fixing a date not less than thirty-five (35) days nor more than forty-five (45) days after the receipt by the Board of said petition and by giving written notice to all Owners entitled to vote in the manner provided in this Declaration or in the Bylaws for notices of special meetings of Members of the Association. At the meet- ing, the vote in person or by proxy of a majority of the Owners entitled to vote (other than Declarant) in favor of taking action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board shall then implement this decision by initiating and pursuing appropriate action (j) Review Accounts and Statements. The Board shall review a current reconciliation of the Association's operating accounts and reserve accounts on at least a quarterly basis. On at least a quarterly basis, the Board shall also review the current year's actual reserve revenues and expenses compared to the current year's budget. The Board shall review the latest account statements prepared by the financial institu- tions where the Association has its operating and reserve accounts and the Board shall also review an income and expense statement for the Association's operating and reserve accounts on at least a quarterly basis. (k) Distribution to Members. The Board shall prepare and distribute to Members a copy of the review of the SERIFII4A.CCR/C/GML/January 8, 1991 28 ( D financial statement of the Association, which has been prepared in accordance with generally accepted account- ing principles by a licensee of the California State Board of Accountancy for any fiscal year in which the gross income to the Association exceeds Seventy Five Thousand Dollars ($75,000.00). A copy of the review of said financial statement shall be distributed within One Hundred Twenty (120) days after the close of each fiscal year. The Board shall also annually distribute to the Members a statement describing the Association's policies and practices in enforcing lien rights or other legal remedies for default in payment of its Assessments against its Members. Said statement shall be delivered annually to the Members during the sixty (60) day period immediately preceding the beginning of the Association's fiscal year. (1) Lot Line Adjustments. The Board may ioin with the Declarant in the execution of any lot line adjustment and te accept title to additional property or ee quitclaim all right, title, and interest in and to any Association Property as necessary to transfer title in accordance with any lot line adjustment; provided that such lot line adjustment and the resulting conveyance (1) are made for the purpose of eliminating encroachments due to engineering error or errors in construction of any improvements upon any of the affected property, (ii) are made to permit changes in the development plan in circumstances where such. changes are the result of topography, obstruction, hardship, aesthetic, or other environmental conditions, (iii) are the requirement of a regulatory agency, (iv) do not have a significant negative impact upon the Association or the Owners, or (v) are made to transfer the burden of management and maintenance of any Association Property, which in the reasonable judgment of the Board is generally inaccessible or is not likely to be of any particular use or benefit to the Owners. Withdrawal of funds from the Association's reserve account shall require signatures of either two (2) members of the Board, or one (1) member of the Board and an officer of the Association who is not also a member of the Board. Section 4.5 Limitations on Authority of Board. The Board of the Association shall be prohibited from taking any of the following actions, except with the vote or written assent of a majority of each class of Members during the time of the two-class voting structure and after the termination of the two-class voting structure the vote or written assent of a majority of the voting power of the Association and a majority of Members other than the Declarant: SERIFIP4A.CCR/C/GML/January 8, 1991 29 (a) Entering into a contract with a third person wherein the third person will furnish goods or services for the Common Area, the Recreational Facilities, or to the Association for a term longer than one (1) year with the following exceptions: (1) A management contract, the terms of which have been approved by the Federal Housing Administration or Veterans Administration. A contract with a public utility company if the rates charged for the material or services are regulated by the Public Utilities Commission provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate. Prepaid casualty and/or liability insurance policies of not to exceed three (3) years duration provided that the policy permits short rate cancellation by the insured. (iv) If applicable, agreements for cable television services and equipment of not to exceed five (5) years duration provided that the supplier is not an entity in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more. (v) If applicable, lease agreements for laundry room fixtures and equipment of not to exceed five (5) years duration provided that the lessor under the agreement is not an entity in which Declarant has a direct or indirect ownership interest of ten percent (10%) or more. (vi) If applicable, agreements for sale or lease of burglar alarm and fire alarm equipment, installation and services of not to exceed five (5) years duration provided that the supplier or suppliers are not entities in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more. SERIFINA.CCR/C/GML/January 8, 1991 ME (b) Incurring aggregate expenditures for capital improvements to the Common Area or Recreational Facilities in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. (c) Selling during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. (d) Paying compensation to directors or to officers of the Association for services performed in the conduct of the Association's business provided, however, that the Board may cause a Member or officer to be reim- bursed for expenses incurred in carrying on the business of the Association. (e) Filling of a vacancy on the Board created by the removal of a director. Section 4.6 Personal Liability. No Member of the Board, or of any committee of the Association, or any officer of the Association, or any manager, or Declarant, or any agent of Declarant, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of any such person or entity if such person or entity has, on the basis of such information Ag may be possessed by him or it, acted on in good faith without willful or intentional misconduct. Section 4.7 Professional Management Contract. Any agreement for professional management or any other contract providing for the services of the Declarant may not exceed three (3) years. Any such agreement must provide for the termination by either party without cause and without payment of a termination fee on ninety (90) days or less written notice. SERIFIWA.CCR/C/GML/January 8, 1991 31 ARTICLE V MEMBERSHIP AND VOTING RIGHTS Section 5.1 Membership Qualifications. Each Owner of a Condominium, including Declarant, shall be a Member of the Association. Ownership of a Condominium or interest in it shall be the sole qualification for membership in the Association. Each Owner shall remain a Member of the Association until his ownership or ownership interest in all Condominiums in the Property ceases at which time his membership in the Association shall automatically cease. Persons or entities who hold an interest in a Condominium merely as security for performance of an obligation shall not be regarded as Members. Section 5.2 Members' Rights and Duties. Each Member shall have the rights, duties, and obligations set forth in this Declaration, the Articles, the Bylaws and the Association Rules, as the same may from time to time be amended. Section 5.3 Transfer of Membership. The Association membership of each person or entity who owns, or owns an interest in, one or more Condominiums shall be appurtenant to each such Condominium, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except on a transfer of title of each such Condominium or interest in it and then only to the transferee. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Condominium or interest in it shall operate automatically to transfer the appurtenant membership rights in the Association to the new Owner. Section 5.4 Classes of Voting Membership. The Association shall have two (2) classes of voting membership: Class A: Class A Members are all Owners, with the exception of Declarant during such time or times that it shall have Class B membership. Each Class A Member shall be entitled to one (1) vote for each Condominium in which such Member owns an interest. However, when more than one Class A Member owns an interest in a Condominium, the vote for such Condominium shall be exercised as they themselves determine, but in no case shall more than one (1) vote be cast with respect to any one Condominium. Class B: The Class B Member shall be the Declarant who shall be entitled to three (3) votes for each Condo- minium owned in the Property. The Class B membership shall cease and be converted to Class A membership on the happening of one of the SERIFINA.CCR/CIGML/January 8 1991 32 (D following events, whichever occurs earlier: (a) The date which is the second anniversary of the original issuance of the most recently issued public report for a Phase of the Property; or (b) The date which is the fourth anniversary of the original issuance of the subdivision public report for the first Phase of the Property. Section 5.5 Special Class A Voting Rights. Notwith- standing the provisions of Section 5.4, if the Class A Members do not have sufficient voting power pursuant to the voting rights set forth in this Declaration to elect at least one director at any meeting at which directors are to be elected, and at which Class A Members are entitled to vote, then such Class A Members shall, by majority vote, among themselves, elect at least one director and the remaining vacancies on the Board shall be elected by the Class B Member. Section 5.6 voting of Members. A Member's right to vote shall vest immediately upon the date Regular Assessments are levied against the Condominium 'of such Member. All voting rights shall be subject to the restrictions and limitations provided herein and in the Governing Instruments. Except as provided elsewhere in the Governing Instruments, any action by the Association which must have, the approval of the membership of the Association before being undertaken, shall require the vote or written, assent of the bare majority of' the Class .B voting power, as well as the vote or -written assent of a' bare majority of the Class A voting power during the time there are two (2) outstanding classes of membership. After the conversion of Class B to Class A shares, the vote or written assent of a bare majority of the total voting power of the Association, as well as the vote or written assent of a bare majority of the total voting power other than Declarant shall be required. Any requirement that the vote of the Declarant is to be excluded in any such determinations shall not be applicable. Section 5.7 Joint Owner Votes. The voting rights for each Condominium may not be cast on a fractional basis. If the joint Owners of a Condominium are unable to agree among themselves as to how their voting rights shall be cast, they shall forfeit the vote on the matter in question. If any Owner exercises the voting rights of a particular Condominium, it will be conclusively presumed for all purposes that he was acting with the authority and consent of all other Owners of the same Condominium. If more than one (1) person or entity exercises the voting rights for a particular Condominium, their votes shall not be counted and shall be deemed void. SERIFINA.CCR/CIGML/January 8, 1991 33 0 Section 5.8 Cumulative Voting. Election to and remo- val from the Board shall be by secret written ballot. Cumulative voting in the election of directors shall be prescribed for all elections in which more than two positions on the Board are to be filled, subject only to the procedural prerequisites to cumulative voting prescribed in Section 7615(b) of the Corpora- tions Code. Pursuant to such cumulative voting, no Member shall be entitled to cumulate votes for a candidate or candidates un- less such candidate's name or candidates' names have been placed in nomination prior to the voting and the Member has given notice at the meeting prior to the voting of the Member's intention to cumulate votes. If any one Member has given notice, all Members may cumulate their votes for candidates in nomination. Section 5.9 Suspension and Penalties. The Associa- tion shall be authorized to impose monetary penalties, temporary suspensions of an Owner's rights as a Member of the Association or other appropriate discipline for failure to comply with this Declaration, the Bylaws, the Association Rules or any other Gov- erning Instruments provided that the procedures for notice and hearing, satisfying the minimum requirements of Section 7341 of the Corporations Code are followed with respect to the accused Member before a decision to impose said discipline is reached. However, a monetary penalty imposed by the Association as a disciplinary measure for failure of a Member to comply with this Declaration, the Bylaws, the Association Rules or any other Governing Instruments or as a means of reimbursing the Associa- tion for costs incurred by the -Association in the repair of damage to Common Area and/or Recreational Facilities or other' facilities for which the Member was allegedly responsible or -in bringing the Member and his Unit into compliance with the Govern- ing Instruments shall not be an Assessment which may become a lien against the Member's Unit enforceable by a sale of interest in accordance with the provisions of Sections 2924, 2924(b) and 2924(c) of the California Civil Code. The aforesaid sentence shall not apply to charges imposed against an Owner consisting of reasonable late payment penalties for delinquent Assessments and/or charges to reimburse the Association for the loss of interest and for costs reasonably incurred (including attorneys' fees) in its efforts to collect delinquent Assessments. SERIFINA.CCR/C/GML/January 8, 1991 34 0 ARTICLE VI ASSESSMENTS Section 6.1 Agreement to Pay. The Declarant, for each Condominium owned by it in the Property which is expressly made subject to assessment as set forth in this Declaration, covenants and agrees, and each purchaser of a Condominium by his acceptance of a deed, covenants and agrees, for each Condominium owned, to pay to the Association Regular, Compliance, Reconstruction, and Special Assessments, late charges, fines, penalties or any other Assessment properly levied by the Association, in accordance with the terms and provisions of the Declaration. Section 6.2 Personal Obligations. Each Assessment or installment, together with any late charge, interest, collec- tion costs and reasonable attorneys' fees, shall be the personal obligation of the person or entity who was an Owner at the time such Assessment, or installment, became due and payable. If more than one person or entity was the Owner of a Condominium, the personal obligation to pay such Assessment, or installment, respecting such Condominium shall be both joint and several. The personal obligation for delinquent Assessments, or delinquent installments, and other such sums, shall not pass to an Owner's successors in interest unless expressly assumed by them. No Owner may exempt himself from payment of Assessments, or installments, by waiver of the use of enjoyment of all or any portion of the Common Area, the Recreational Facilities, or by waiver of the use or enjoyment of, or by abandonment of, his Condominium. Section 6.3 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Members of the Association, the improvement, replacement, repair, operation and maintenance of the Common Area, the Recreational Facilities, and the performance of the duties of the Association as set forth in this Declaration. Section 6.4 Regular Assessments. The Board shall prepare or cause to be prepared a budget for the forthcoming fiscal year not less than forty-five (45) days and not more than sixty (60) days before the beginning of each fiscal year of the Association. The budget shall be prepared each year regardless of the number of Members or the amount of assets of the Associa- tion. A copy of the budget shall be distributed to each Owner and to each Mortgagee which has requested in writing that copies be sent to it. The budget shall at least include the following information: SERIFINA.CCR/C/GML/January 8, 1991 35 (F (a) Estimated revenue and expenses on an accrual basis; (b) The amount of the total cash reserves of the Association currently available for replacement or major repair of the Common Area, Recreational Facilities and for contingencies; (C) An estimate of the current replacement costs of the estimated remaining useful life of, and the methods of funding to defray repair, replacement or additions to major components of the Common Area, Recreational Facilities and any other facilities or property for which the Association is responsible; and (d) A general statement setting forth the proce- dures used by the Board in the calculation and estab- lishment of reserves to defray the future repair, replacement or additions to major components of the Common Area, Recreational Facilities and any other facilities or property for which the Association is responsible. In lieu of the foregoing budget, the Board may elect to distribute a summary of the budget to all of its Members with a written notice on the front page of the summary of the budget that the budget is available at the business office of the Association or at another suitable location within the boundaries of the Property and that copies will be provided upon request and at the expense of the Association. If any Member requests' a copy of the budget, referenced above, to be mailed to the Member, the Association shall provide the copy to the Member by First-Class United States mail, at the expense of the Association, and the same shall be delivered within five (5) days. The written notice that is distributed to each of the Association Members shall be in at least 10-point bold type on the front page of the summary of the budget. A balance sheet (as of an accounting date which is the last day of the month closest in time to six months from the date of closing of the first sale of a Condominium in the Property) - and an operating statement (for the period from the date of the first closing to the said accounting date) shall be distributed within sixty (60) days after the accounting date. This operating statement shall include a schedule of Assessments received and receivable identified by the address of the Condominium and the name of the individual or entity assessed. A report consisting of the following shall be distrib- uted within one hundred and twenty (120) days after the close of the fiscal year: SERIFINA.CCR/CJGML/January 8, 1991 W. (i) A balance sheet as of the end of the fiscal year; (ii) An operating (income) statement for the fiscal year; (iii) A statement of changes in financial position for the fiscal year. For any fiscal year in which the gross income to the Association exceeds Seventy-Five Thousand Dollars ($75,000), a copy of the review of the annual report prepared in accordance with generally accepted accounting principles by a licensee of the California State Board of Accountancy shall also be distributed. If said report is not prepared by an independent accountant, it shall be accompanied by the certificate of an authorized officer of the Association that the statement was prepared from the books and records of the Association without independent audit or review. In addition to financial statements, the Association shall annually distribute a statement of the Association's policies and practices in enforcing its remedies against Members for defaults in the payment of Assessments including the recording and foreclosing of liens against Members' Condominium interests. This statement shall be distributed within sixty (60) days prior to the beginning of each fiscal year. Not more than sixty (60) days nor less than forty-five (45) days before the beginning of each fiscal year of the Association, the Board shall meet for the purpose of establishing the Regular Assessment for the forthcoming fiscal year. At such meeting the Board shall review the budget, any written comments received and any other information available to it and, after making any adjustments that the Board deems appropriate, without a vote of the Members of the Association, shall establish the Regular Assessment for the forthcoming fiscal year; provided, however, notwithstanding more restrictive limitations placed on the Board by the Governing Instruments, the Board may not establish a Regular Assessment for any fiscal year of the Association which is more than twenty percent (20%) greater than the Regular Assessment for the immediately preceding fiscal year, or impose Special or Reconstruction Assessments to defray the costs of any action or undertaking on behalf of the Association which in the aggregate exceed five percent (5%) of the Common Expenses of the Association for that fiscal year without the vote or written assent of Owners, constituting a quorum, casting a bare majority of the votes at a meeting or election of the Association conducted in accordance with Chapter 5 (commencing with Section 7510) of Part 3 of Division 2 of Title 1 of the Corporations Code. For purposes of this section, quorum means more than fifty percent (50%) of the Owners in the Association. SERIFINA.CCR/C/GML/January 8, 1991 37 Provided, however, the foregoing does not limit Assessment increases necessary for emergency situations. For purposes:.of this section, an emergency situation is any one of the following: (i) an extraordinary expense required by an order of a Court; (ii) an extraordinary expense necessary to repair or maintain the Property or any part of it for which the Association is responsible. when a threat to personal safety within the Property is discovered; and (iii) an extraordinary expense necessary to repair or maintain the Property or any part of it for which the Association is responsible that could not have been reasonably foreseen by the Board in preparing and distributing the budget, as referenced hereinabove. However, prior to the imposition or collection, of an Assessment under this section, the Board shall pass 'a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and -the resolution shall be-distributed to the Members with the notice of Assessment. Unless the Association or its Assessment income shall be exempt from federal or state income taxes, to the extent possible, all reserves shall be accounted for and handled as contribution to the capital of the Association and as trust funds segregated - from the regular income of the Association or in such other manner authorized by law or regulations of the Internal Revenue ;SelVice and the California Franchise Tax Board as will prevent such funds from being taxed as income of the Association. A reserve 'fund shall be expressly established to cover the deductibles under Association insurance policies and a reserve ''fuiid.sháirbe expressly established and maintained for the replacement of improvements to the Common Area and Recreational Facilities. Section 6.5 Assessment Allocation. (a) Equal Assessments. Assessments which are to be fixed at 'an equal amount for each Condominium shall be (i) Regular Assessments, (ii) Reconstruction Assessments levied for the repair, replacement, or Reconstruction of Common Area other than Structural Common Area, and (iii) Special Assessments levied against all Condominiums for an act or undertaking of the Association not covered under any other Assessment. (b) Square Footage. Reconstruction Assessments and Special Assessments levied for the repair, replacement, or reconstruction of Structural Common Area shall be determined by multiplying the total amount required to be collected by a fraction, the denominator of which is the total square feet of the floor area for all Residential Elements of the Units which are to be assessed, and the numerator of which is the total square feet of the floor area of the Residential Element of the appropriate Unit for which such Assessment is being determined as SERIFINA.CCR/C/GML/January 8, 1991 (9 such square footage is shown on the Condominium Plan or Plans describing such Residences. Special Assessments pursuant to this paragraph shall be calculated on the basis that such square footage of each such Owner's Unit bears to such total square footage of the Units of all such Owners. Reconstruction Assessments pursuant to this paragraph shall be calculated on the basis that such square footage of each such insured Owner's Unit bears to such total square footage of the Units of all insured Owners. (c) Affected Owners. A Reconstruction Assessment levied for the repair, replacement or reconstruction of any improvements within the Unit and the Exclusive Use Common Area covered by the fire and casualty insurance policy maintained by the Association shall be levied individually against the Owner of such Unit and Exclusive Use Common Area improvements in the amount necessary to cover the cost of repair., replacement, or --- reconstruction in excess of insurance proceeds available for such purpose. All Assessments may be collected at intervals selected by the Board except that Regular Assessments which include reserves must be paid in regularly scheduled installments as set forth hereinbelow. Section 6.6 Not Subject to Lien. Compliance Assessments may not be characterized nor treated as an Assessment which may become a lien against an Owner's Condominium enforceable in accordance-with the Section entitled "Notice of Default; Foreclosure"-of Article VII. Nothing in this Declaration, however, shall prevent the Association from bringing an action at law or in equity against an Owner to collect Compliance Assessments. Section 6.7 Commencement of Regular Assessments; Assessment Period. The Regular Assessment period shall commence on January 1 of each year and shall terminate on December 31 of such year, and Regular Assessments shall be payable in equal monthly installments unless the Board adopts some other basis for collection. However, the initial Regular Assessment period shall commence on the first day of the calendar month following the date on which the sale of the first Condominium to a purchaser is closed and recorded (the "Initiation Date") and shall terminate on December 31 of the year in which the initial sale is closed and recorded. The first Regular Assessment shall be adjusted according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments unless the Board adopts some other basis for collection. The Regular Assessments for any annexed Units described in any Supplementary Declaration of Annexation shall commence on the first day of the month following the sale of the first Condominium in the annexed property described in such Supplementary Declaration of SERIFIIqA.CCR/C/GML/January 8 1991 39 Annexation, and the first Regular Assessment for Units described in such Supplementary Declaration of Annexation, shall be adjusted according to the number of months remaining in the calendar year. Section 6.8 Notice and Assessment; Installment Due Dates. A single ten (10) day prior written notice of each Assessment shall be given to each Owner of every Condominium subject to Assessment in which the due dates for the payments of installments shall be specified. The due dates for the payment of installments normally shall be the first day of each month unless some other due date is established by the Board. Each installment of Assessments shall become delinquent if not paid within fifteen (15) days after its due date. There shall accrue with each delinquent installment a late charge not exceeding ten percent (10%) of the delinquent Assessment, or Ten Dollars ($10.00), whichever is greater, together with interest at the rate of twelve percent (12%) per annum commencing thirty (30) days after the Assessment becomes due. Reasonable costs incurred in collecting the delinquent Assessment, including reasonable attorney's fees, and interest on all sums imposed in accordance with this Section may be charged by the Association. In any event said charges and interest shall not exceed the maximum amount permitted under the laws of the State of California. Section 6.9 Certificate of Payment. The Association shall, upon demand, and for a reasonable charge, furnish a certi- ficate signed by an officer or authorized agent of the Associa- tion setting forth whether the Assessment on a specified Condo- minium has been paid; such certificate shall be conclusive evidence of such payment upon any third party relying thereupon in good faith. Section 6.10 Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of the first Mortgage. Sale or transfer of any Condominium shall not affect the Assessment lien. However, the sale or transfer of any Condominium pursuant to foreclosure of the first Mortgage or as the result of the exercise of a power of sale shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such new Condominium Owner from liability for any Assessments thereafter becoming due or from the lien thereof. A First Mortgagee's rights pursuant to this section shall not be affected by the failure of such First Mortgagee to deliver a notice to the Board. Section 6.11 Excessive Fees. The Association shall comply with Sections 1366.1 and 1368(c) of the California Civil Code and until such sections are amended to provide otherwise, shall not: SERIFINA.CCR/C/GML/January 8, 1991 40 (a) impose or collect an Assessment, penalty, or fee that exceeds the amount necessary for the purposes for which it is levied; and (b) impose or colleà.t any Assessment, penalty, or fee in connection with a transfer of title or any other interest except the Association's actual cost to change its records and that authorized in connection with the Bylaws to provide copies of Governing Instrument documents, copies of financial statements and statements of unpaid Assessments. SERIFINA.CCR/C/G1IL/January 8, 1991 41 0 ARTICLE VII COLLECTION OF ASSESSMENTS: LIENS Section 7.1 Rights to Enforce. The right to collect and enforce Assessments is vested in the Board acting for and on behalf of the Association. The Board or its authorized represen- tative, including any Manager, can enforce the obligations of the Owners to pay Assessments provided for in this Declaration by commencement and maintenance of a suit at law or in equity, or the Board may foreclose by judicial proceedings or through the exercise of the power of sale pursuant to Section 7.2 below, to enforce the lien rights created therein. Suits to recover a money judgment for unpaid Assessments together with all other amounts described in Section 6.2 above shall be maintainable without foreclosing or waiving the lien rights. Section 7.2 Creation of Lien. If there is a delin- quency in the payment of an Assessment or installment on a Condominium, any amounts that are delinquent, together with the late charge described in that section, interest at the rate of twelve percent (12%) per annum, and all costs that are incurred by the Board or its authorized representative in the collection of the amounts, including reasonable attorneys', fees, shall be a lien against such Condominium from and after the time the Association causes to be recorded in the Office of the San Diego County Recorder a Notice of Delinquent Assessment as provided in California Civil Code, Section 1367(b). However, a monetary penalty imposed by the Association as a disciplinary measure for failure of a Member to comply with the Governing Instruments or as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to the Common Area, the Recreational Facilities and to any other property or facilities for which the Member was allegedly responsible or in bringing the Member and his Condominium into compliance with the Governing Instruments may not become a lien against the Member's Condominium enforceable by a sale of the Unit in accordance with the provisions of Section 2924, 2924(b) and 2924(c) of the Civil Code. Provided however, the above statement does not apply to charges imposed against an Owner consisting of reasonable late payment penalties for delinquent Assessments and/or charges to reimburse the Association for the loss of interest and for costs reasonably incurred (including attorney's fees) in its efforts to collect delinquent Assessments. The Notice of Delinquent Assessment shall not be recorded until fifteen (15) days after the Board or its authorized representative has mailed by first class mail to the delinquent Owner or Owners a written notice of delinquency and a demand for payment. Section 7.3 Notice of Default; Foreclosure. Not less than fifteen (15) days after the recording of the Notice of Delinquent Assessment, the Board or its authorized representative SERIFINA.CCRIC/GML/January 8, 1991 42 (9 can record a notice of default and can cause the Condominium with respect to which a notice of default has been recorded to be sold in the same manner as a sale is conducted under California Civil Code, Section 2924, 2924(b) and 2924(c), or through judicial foreclosure. However, as a condition precedent to the holding of any such sale under Section 2924(c) appropriate publication shall be made. In connection with any sale under Section 2924(c) the Board is authorized to appoint its attorney, any officer or director, or any title insurance or foreclosure company authorized to do business in California as trustee for purposes of conducting the sale. If a delinquency is cured before sale, or before completing a judicial foreclosure, the Board or its authorized representative shall cause to be recorded in the Office of the San Diego County Recorder, a certificate setting forth the satisfaction of such claim and release of such lien upon payment of actual expenses incurred, including reasonable attorneys' fees by any delinquent Owner. On becoming delinquent in the payment of any Assessments, or installments, each delinquent Owner shall be deemed to have absolutely assigned all rents, issues and profits of his Condominium to the Association and shall further be deemed to have consented to the appointment of a receiver (which appointment may, at the election of the Association, be enforced by the Association through specific performance). The Association, acting on behalf of the Owners, shall-have the power to bid upon the Condominium at foreclosure sale and to acquire, hold, lease, mortgage and convey the Condominium. Section 7.4: Waiver of Exemption. Each Owner, to the extent permitted by law, waives to the extent of any liens created pursuant to this Article VII, the benefit of any home- stead or exemption laws of California in effect at the time any Assessment, or installment, becomes delinquent or any lien is imposed. SERIFIUA.CCR/C/GML/January 8, 1991 43 ARTICLE VIII INSURANCE Section 8.1 Obligation to Insure. The Association shall obtain and maintain in effect insurance and fidelity bond coverage in the amounts and with endorsements deemed adequate by the Board which shall be not less than the coverages hereinafter required in this Section. All insurance policies shall name the Association as the insured. In addition, the Association shall obtain such additional endorsements coverages meeting the requirements established by any of the Federal Agencies of condominium planned developments, when any such Federal Agency first becomes and as long as it continues to be either a Mortgagee, Owner, Insurer, or Guarantor of a Mortgage within the Property except to the extent such coverage or endorsements are not available or have been waived in writing by the applicable Federal Agencies. (a) Public Liability Insurance. The comprehensive liability insurance policy shall insure the Association, the Declarant for as long as Declarant -is an Owner, and the agents and the employees of each of the Owners and their respective family members, guest and invitees of the Owners against any liability incident to the ownership for the use of the Common Area, the Recreational Facilities or any other areas under the supervision of the Association. The-limits.-of such insurance shall-not be less than One Million Dollars ($1,000,000.00) for claimsarising outof.a single occurrence for bodily injury, deaths of persons and property damage. Coverage under this policy shall include without limitation liability of the insureds of property damage, bodily injury and deaths of persons in connection with the operation, maintenance or use of the Common Area, and the Recreational Facilities and legal liability arising out of lawsuits related to employment contracts of the Association. If such policy does not include "severability of interest" in its terms, a specific endorsement will be required precluding the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners and such other coverage in kinds and amounts required by private institutional mortgage investors for projects similar in construction, location and use. (b) Fire and Casualty Insurance. The master or blanket policy of fire and casualty insurance shall cover all of the insurable improvements within the Property, including the Recreational Facilities, Residence improvements, and fixtures and building service equipment that are part of the Common Area as well as common personal property and supplies belonging to the Association. The policy shall be in an amount equal to one hundred percent (100%) of the current replacement cost, without deduction for depreciation or coinsurance, of all of the property SERIFINA.CCR/C/GML/January 8, 1991 44 (9 covered by the policy. Such insurance must afford protection against at least loss or damage by fire and other perils normally covered by the standard extended coverage endorsement, and other perils which are customarily covered and required by private institutional mortgage investors with respect to similar planned development projects in the area of the Property, including all perils normally covered by the standard "all risk" endorsement. The policy shall name as insured the Association for the use and benefit of the Owners. (c) Fidelity Bonds. The blanket fidelity bond shall cover losses resulting from dishonest or fraudulent acts on the part of anyone who handles or is responsible for funds held or administered by the Association, including directors, officers, trustees, employees, or volunteers of the Association. Where the Association delegates some or all of the responsibility of the handling of funds to a management agent, fidelity bonds are required for its officers, employees, and agents handling or - responsible for funds of, or administered on behalf of, the Association. A management agent who handles funds for the Association should. also be covered by its own fidelity bond which must provide the same coverage required by the Association and must submit evidence of such coverage to the Association. The Association shall be named as an additional obligee in the management agent's bond. The fidelity bond should côvër the maximum funds that will be in the custody of the Association or its management agent at any time while the bond is in force. In addition, the fidelity bond shall be written in an amount equal to three (3) months' aggregate Regular Assessment on all Units, plus reserves. Fidelity bonds shall name the Association as obligee and shall contain waivers of any defense based on the exclusion of persons who serve without compensation from any definition of "employee" or similar expression. (d) Flood Insurance. If the Common Area, Recreational Facilities, or any portion thereof is located within an area having special flood hazards and for which flood insurance has been made available under the National Flood Insurance Program (NFIP), the Association shall obtain a policy of flood insurance providing the coverage customarily required by private institutional Mortgage investors with respect to similar planned developments in the area of the Property and the Association shall also be required to obtain whatever flood insurance is required by any Federal Agencies for condominium projects. (e) Worker's Compensation Insurance. The Board shall purchase and maintain in force worker's compensation insurance, to the extent that the same shall be required by law, for all employees of the Association. (f) Mortgage Clause. All insurance policies must have the "standard mortgage clause" or equivalent endorsement SERIFINACCR/C/GML/January 8, 1991 45 0 providing that coverage of a Mortgagee under the insurance policy will not be adversely affected or diminished by an act or neglect of the Mortgagor, which is commonly accepted by private institutional Mortgage investors in the area in which the Property is located, unless such coverage is prohibited by applicable law and in the case of Mortgages owned by FNMA, must name as Mortgagee either FNMA or the servicers for the Mortgages held by FNMA encumbering the Condominiums. When a servicer is named as the Mortgagee, its name should be followed by the phrase "its successors and assigns." A Mortgage clause in favor of Mortgagees holding Mortgages on Condominiums is not required on a policy insuring the Association. Section 8.2 Notice of Cancellation or Modification. All insurance policies maintained by the Association must provide that such policies may not be cancelled, reduced, or substantially modified without at least ten (10) days' prior written notice to the Association and to each First Mortgagee listed as a scheduled First Mortgagee in the policy. All fidelity bonds maintained by the Association must provide that such fidelity bonds may not be cancelled or substantially modified without at least ten (10) days' written notice to the Association or the Trustee and each mortgage servicing contractor acting on behalf of any of the Federal Agencies. Section 8.3 Waiver by Owners. All insurance obtained by the Association shall be maintained by the Association for benefit of the Association, the Owners and the Mortgagees as their interest may appear. As to each of said policies which will not be voided or impaired thereby, the Owners hereby waive and release all claims against the Association, the Board, other Owners, the Declarant and agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by said persons, but to the extent of insurance proceeds received in compensation for such loss only. Section 8.4 Required Waiver. All policies of physical damage insurance shall provide for waiver of the following rights to the extent such waivers are obtainable from the respective insurers: (a) Subrogation of claims against the Owners or tenants of the Owners; (b) Any defense based on co-insurance; (C) Any right of set-off, counterclaim, apportionment, proration or contribution by reason of other insurance not carried by the Association; (d) Any invalidity, other adverse effect or defense on SERIFINA.CCR/C/GML/January 8, 1991 46 account of any breach of warranty or condition caused by the Association, any Owner, or any tenant of any Owner, or arising from any act, neglect or omission of any named insured or the respective agents, contractors, and employees of any insured; (e) Any right of the insurer to repair, rebuild, or replace and, in the event the building is not repaired, rebuilt, or replaced following loss, any right to pay under the insurance the lesser of the replacement value of the improvements insured or the fair market value thereof; (f) Notice of the assignment of any Owner of its interest in the insurance by virtue of a conveyance of any Condominium; and (g) Any right to require any assignment of any Mortgage to the insurer. Section 8.5 Annual Insurance Review. The Board shall at least annually determine whether the amounts and types of insurance it has obtained provide adequate coverage in light of increased construction costs, inflation, practice in the area in which the Property is located, or any other factor which tends to indicate that either additional insurance policies or increased coverage under existing policies are necessary or desirable to protect the interest of the Owners and of the Association. If the Board determines that increased coverage or additional insurance is appropriate, it shall obtain the same. Section 8.6 Rights of Owners to Insure. Nothing contained in this Declaration shall preclude an Owner from insuring improvements not insured by the Association pursuant to the subsection entitled "Fire and Casualty Insurance" of this Article. Should any Owner separately insure his Residence or any part thereof against loss by fire or other casualty, and should any loss intended to be covered by insurance carried by the Association occur and the proceeds payable thereunder be reduced by reason of insurance carried by such Owner, such Owner shall assign the proceeds of such insurance carried by it to the extent of such reduction to a Trustee for application by the Board to the same purposes as the reduced proceeds are to be applied. In the event that such Owner has failed to pay such amount within thirty (30) days of a written demand therefor by the Association of said Trustee, the Board may levy a Special Assessment against such Owner and his Condominium for such amount. It is the responsibility of each Owner to insure his personal property against loss by fire or other casualty and to carry public liability insurance covering his individual liability for damage to persons or property occurring inside his individual Residence. All such policies as may be carried by the Owners shall contain waivers of subrogation of claims against the Association, the Board, other Owners, Declarant, and the agents and employees of SERIFINA.CCR/C/GML/January 8, 1991 47 each of the foregoing with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by said persons, but to the extent of insurance proceeds received in compensation for such loss only; provided, however, such other policies shall not adversely affect or diminish any liability under any insurance obtained by the Association. Duplicate copies or certificate of such other policies shall be deposited with the Board. Section 8.7 Trustee. All insurance proceeds payable under this Article, subject to the rights of Mortgagees, may be paid to a Trustee, to be held and expended for the benefit of the Owners ' Mortgagees and others, as their respective interests shall appear. If repair or reconstruction is authorized, the Board shall have the duty to contract for such work as provided for in this Declaration. Section 8.8 Federal Requirements. Notwithstanding the foregoing provisions of this Article, the Association shall continuously maintain in effect such casualty, flood and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for planned unit development projects established by FNMA, GNM, FMLMC, FHA and VA, so long as either is a Mortgagee or Owner within the Property, or insures or guarantees a Mortgage, as the case may be, except to the extent such coverage is not available or has been waived in writing by the foregoingentities. The Association shall also continuously maintain all insurance and bond coverage required by Federal Agencies for. condominium projects. Members. SERIFINA.CCR/C/GML/January 8, 1991 48 (0 ARTICLE IX DESTRUCTION OF IMPROVEMENTS Section 9.1 Definitions. The following terms used in this Article are defined to mean as follows: (a) "Insured Improvements" shall mean the improvements on the Property insured under the fire and casualty insurance policy maintained by the Association and shall-consist-of Structural Common Area, Residence improvements and Recreational Facilities. (b) "Affected Condominium" shall mean and refer to a Condominium the Unit of which is situated within partially or totally destroyed insured Structural Common Area or contains partially or totally destroyed insured Residence improvements. (C) "Affected Recreational Facility" shall mean the partially or totally destroyed insured Recreational Facility. (d) "Acceptable Range of --Reconstruction Cost" shall mean that the amount of the insurance proceeds paid for partially or totally destroyed insured improvements:, together with the amount of any deductible amount desiiiated in the fire and casualty insurance policy maintained by the Association, which totals at least ninety percent (90%)-,,of-the-.estimated cost to repair, replace or reconstruct such-partially or totally destroyed Tinsured -improvements. (e) "Substantial Destruction" shall mean-a destruction of insured improvements representing at least seventy-five percent (75%) of the current replacement cost value of all insured improvements upon the Property. Section 9.2 Board Action. In the event any Insured Improvements are damaged, the Board shall take the following action: - - (a) Acceptable Range of Reconstruction Cost. The Board shall ascertain the cost of repair, replacement, or reconstruction by obtaining fixed price bids from at least two (2) reputable contractors, which bids shall include the obligation of the contractor to obtain a performance bond, if the Board deems that such bids are necessary or appropriate. The Board shall further have full authority to negotiate with representatives of the insurer and to make settlement with the insurer for less than full insurance coverage on the damage. Any settlement made by the Board in good faith shall be binding upon all Owners with the exception of the Administrator of Veterans Affairs, an Officer of the United States of America. After the settlement has been approved by the Board, any two (2) directors SERI FINA.CCR/C/GML/January 8, 1991 49 of the Association may sign a loss claim form and release form in connection with the settlement of a loss claim. (b) Notice of Reconstruction Assessments. The Board shall promptly cause notice to be delivered to all affected insured Owners if, during the process of determining the Acceptable Range of Reconstruction Cost, it appears likely that the repair, replacement, or reconstruction of a partially or totally destroyed insured improvement will result in the levying of Reconstruction Assessments against such Owners. Such notice shall specify the estimated amount of any such Reconstruction Assessment. (c) Vote of Members. The Board shall call a, special., meeting or shall distribute written ballots to the insured Owners for action to be taken without a meeting to determine whether not to proceed with the repair, replacement, or reconstruction-of -. partially or totally destroyed Insured Improvements upon the - happening of any one of the following events: (i). a Substantial Destruction; (11) a determination that the requirements of the Acceptable Range of Reconstruction Cost have 'riot.bèen môt;. (iii) receipt, of a written request of insured Owners representing at least five percent. (5%) of the'tôtal voting power of the insured Owners requesting such action'; or (iv)' failure or inability to make a determination as to 'the Acceptable Range of Reconstruction. Cost within sixty (60) days of the date of the destruction. Section 9.3 Reconstruction. The repair, replacement or reconstruction shall commence as soon as practicable following any one of the following events: (a) A determination that the requirements of the Acceptable Range of Reconstruction Cost have been met, except that if Reconstruction Assessments must be levied, such work shall not commence until ten (10) days have elapsed following the delivery of the notice of the Reconstruction Assessment to'all insured Owners required to pay Reconstruction Assessments. The notice of estimated Reconstruction Assessment required to be delivered to each such insured Owner as hereinabove provided in this Article shall satisfy this condition if the actual amount of the Reconstruction Assessment does not exceed the estimated amount set forth in the said notice; (b) Approval of such action by not less than thirty-three percent (33%) of the voting power of the insured Owners; or SERIFIP4A.CCR/C/GML/January 8, 1991 50 (C) Failure to receive written approval not to proceed with the repair, replacement, or reconstruction of the required percentage of Eligible Mortgage Holders and Owners required under the Article entitled "Protection of Mortgagees" of the Declaration within one hundred twenty (120) days of the date of the destruction. Notwithstanding the foregoing, the Board may delegate its responsibility to repair, replace or reconstruct any damage to Residence improvements to the Owner of such Residence improvements if the Board deems that such damage is less than the amount that would require notice to Requesting Mortgagees pursuant to the Article entitled "Protection of Mortgagees" of this Declaration. Any such repair, replacement, or reconstruction shall be commenced and completed as soon as practicable following such damage. Section 9.4 Proceeds of Insurance. All insurance proceeds shall be paid to the Trustee unless the proceeds from a: single claim do not exceed Ten Thousand Dollars ($10,000.00) in which event such insurance proceeds shall be paid directly to the Association to be -used as provided in this Article. The Trustee shall hold, distribute, and expend such proceeds for the benefit of Owners, Mortgagees and others as their respective interests shall appear. In the event any portion of the insurance proceeds were paid to a Mortgagee of a Mortgage encumbering an Affected Condominium, such amount shall be paid to the Board by the Owner of such Affected COndominium. In the case of payment: of .such1. proceeds to a Mortgagee of a Mortgage encumbering an Affected Recreational Facility, such amount shall be paid in equal amounts by all insured Owners. In the event any insured Owner or Owner of an Affected Condominium fails to pay such amount within thirty (30) days of a written demand therefor by the Association, the Board may levy a Special Assessment against any such Owner and his Condominium for such amount. Section 9.5 Reconstruction Assessments. If necessary, the Board shall levy a Reconstruction Assessment against any insured Owner of Residence improvements to cover the cost of the repair, replacement, or reconstruction of any damage to such Residence improvements in excess of the insurance proceeds available for such purpose and shall levy Reconstruction Assessments against all insured Owners at such time and in such amount determined necessary to cover the cost of repair, replacement, or reconstruction in excess of insurance proceeds of all other insured improvements. Section 9.6 Compliance with Plans. (a) Condominiums. Any reconstruction of a Condominium Building undertaken pursuant to this Article shall substantially SERIFINA.CCR/C/GML/January 8, 1991 51 (COO) conform to the Condominium Plan, as amended pursuant to this section, or other provisions of this Declaration, and the original plans and specifications. In determining whether the plans for a reconstructed Condominium Building are in substan- tial conformance with its Condominium Plan, the Board may take into consideration the availability and expense of the labor and materials in the original construction of such Condominium Building. If such labor or material is not available or is prohibitively expensive at the time of reconstruction, the Board may permit the substitution of other labor or material as it deems proper. In the event the Condominium Plan is amended, such instrument must be executed by all persons or entities whose signatures would be required to record that Condominium Plan pursuant to Section 1351(e) of the California Civil Code. Said persons or entities shall also execute such other document or take such other actions as required to make such amendment effective. - (b) Common Area and Recreational Facilities. Any reconstruction of Common Area or Recreational Facilities undertaken pursuant to this Article shall substantially conform to the original plans and specifications unless other action is approved by a majority of the voting power of the Association. Section 9.7 Abatement of Regular Assessments. If the Board determines that any Residence has become uninhabitable by reason of its total or partial destruction, it may exempt such Owner from the payment of that portion of the Regular Assessment which ::)S fort. the purpose of defraying expenses and reserves directly--attributable to the existence and the use of the uninhabitable Residence. The exemption may include, but shall not be limited to, the portion of such Regular Assessment attributable to refuse disposal and domestic water supplied to the Residence. Section 9.8 Certificate of Intention Not to Reconstruct. In the event there has been a decision not to reconstruct pursuant to this Article, the Board shall execute, acknowledge and record in the Official Records of San Diego County, not later than one hundred twenty-five (125) days from the date of destruction, a certificate declaring the intention of the Association not to rebuild. If no such certificate is so filed within said time limitation, it shall be conclusively presumed that the Association has determined to undertake reconstruction pursuant to this Article. Section 9.9 Partition. In the event that a certificate described in the Section entitled "Certificate of Intention Not to Reconstruct" of this Article is recorded within the time period provided therein, the right of any Owner to partition through legal action as described in the Article hereof entitled "Partition" shall forthwith revive. SERIFINA.CCR/C/GML/January 8, 1991 52 Section 910 Determination of Allocable Proceeds. The amount of insurance proceeds "allocated" or "allocable" to an Affected Condominium or to an Affected Recreational Facility shall be determined pursuant to this section as follows: (a) In the event the insurance carrier allocates insurance proceeds among Affected Condominiums and Affected Recreational Facilities, and such allocation is approved by the Board, suçhjallocations shall be final and binding upon the Owners and Mortgagees.. (b) In the event the insurance carrier fails to allocate the insurance proceeds, such allocation shall be determined by multiplying the amount of insurance proceeds available for ,distribution by a fraction, the denominator of which is the--total decrease of M.A.I. appraised fair market value of all of the partially or totally destroyed insured improvements for which, insurance proceeds have been paid by reason of the casualty and the numerator of which is the decrease of M.A.I. appraised fair market value of each such Affected Condominium or Affected Recreational Facilities. The appraised values shall -be determined by a M.A.i. appraiser selected by the Trustee. Such allocation shall be final and binding on the Owners, the Mortgagees and the Association. Seôtion 9.11 Distribution of Insurance Proceeds. In the event therehas been a decision not to repair, replace, or reconstruct any: partil1y':or totally destroyed insured improvements, the Trustee 'shall' distribute the insurance proceeds allocated'to each.-Affected Condominium and to each Affected Recreational Facilities as follows: (a) In the case of proceeds allocated to an Affected Condominium, to the Owner of the Affected Condominium subject to the prior rights of all Mortgagees holding Mortgages encumbering such Affected Condominium; (b) In the case of Affected Recreational Facilities, to the Board for retention in the general funds of the Association subject to the prior rights of all Mortgagees holding Mortgages encumbering the particular Affected Recreational Facilities for which such insurance proceeds have been allocated. Allocable proceeds paid to Mortgagees shall be paid in the order of their recorded priority on the Affected Condominium or such Affected Recreational Facilities as the case may be. Section 9.12 Payment of Mortgagees. Any insurance proceeds paid to a Mortgagee pursuant to this Article shall be paid in the amount required by such Mortgagee, but not to exceed (i) the outstanding indebtedness secured by said Mortgage, or SERIFINA.CCR/C/GMlfJanuary 8, 1991 53 o0e (ii) the insurance proceeds .allocated to such Affected Condominium or Affected Recreational Facilities and hereinabove provided in this Article, whichever of (1) or (ii) is the lesser. Section 9.13 Requirements of Federal Agencies. In addition to the foregoing, the Board must also comply with the requirements of the Article entitled "Protection of Mortgagees" of the Declaration as to notice which must be provided to Requesting Mortgagees, Insurers, and Guarantors. Notwithstanding the foregoing sections of this Article, any partially or totally destroyed improvements will be repaired, replaced, reconstructed or restored substantially to their condition prior to the destruction unless there has also been compliance with the requirements of the said Article entitled "Protection of Mortgagees." The vote or consent of Eligible.Mortgage Holders required under said Article may be solicited concurrently or subsequent to the vote of the insured Owners required under this Article. SERIFINA.CCR/C/GMLIJanuary 8, 1991 54 ARTICLE X EMINENT DOMAIN Section 10.1 Definition of Taking. The term "taking" as used in this Article shall mean condemnation by eminent domain, or by sale under threat thereof, of all or part of the Property. Section 10.2 Representation by Board. In the event of a taking, the Board shall, subject to the right of all Mortgagees who have requested the right to join the Board in the proceedings, represent all of the Owners in an action to recover all awards. No Owner shall challenge the good faith exercise or the discretion of the Board in fulfilling its duties under this Article. The Board is further empowered, subject to the limitations herein, as the sole representative of the Owners in all aspects of condemnation proceedings not specifically covered herein. The award or proceeds shall be payable to the Association for the use and benefit of the Owners and their Mortgagees as their interest may appear. Section 10.3 Award for Recreational Facilities. Any awards received on account of the taking of the Recreational Facilities, shall be paid to the Association and shall be retained in the general funds of the Association subject to the prior rights of any Mortgagee holding an encumbrance upon the Recreational Facilities for which such award has been paid. Section 10.4 Award for Condominium. In the event of a taking of Property other than that described in the section entitled "Award for Recreational Facilities" of this Article, the Board shall distribute the award forthcoming from the taking authority according to the provisions of this section after deducting therefrom fees and expenses related to the condemnation proceeding including, without limitation, fees for attorneys and appraisers and court costs. In the event that the taking is by judgment of condemnation and said judgment apportions the award among the Owners and their respective Mortgagees, the Board shall distribute the amount remaining after such deductions among such Owners and Mortgagees on the allocation basis set forth in such judgment. In the event that the taking is by sale under threat of condemnation, or the condemnation award is not apportioned among the affected Owners by Court judgment or by agreement between the condemning authority and each of the affected Owners, the Board shall distribute the award among the affected Owners and their respective Mortgagees according to the relative decreases in values of the Residences affected by the condemnation as determined by an M.A.I appraiser selected by the Board. In no event shall any portion of such award be distributed by the Board to an Owner and/or the Mortgagees of the Condominium in a total amount greater than the portion allocated SERIFINA.CCR/C/GML/January 8, 1991 55 hereunder to such Condominium. Section 10.5 Inverse Condemnation. The Board is authorized to bring an action in inverse condemnation. In such event, the provisions of this Article shall apply with equal force. Section 10.6 Revival of Right to Partition. Upon a taking which renders more than fifty percent (50%) of the Residences in any Condominium project incapable of being restored to at least ninety-five percent (95%) of their floor area and substantially their condition prior to the taking, the right of any Owner within such Condominium project to partition through legal action as described in the Article entitled "Partition" of this Declaration shall forthwith revive. The determination as to whether Residences partially taken are capable of being so restored shall be made by the Board, and this decision shall be final and binding on all Owners and Mortgagees. Section 10.7 Personal Property and Relocation Allowances. Where, all or part of the Property is taken, each Owner shall have the exclusive right to claim all of the award made for his personal property,' and any relocation, moving expense, or other allowance of similar nature designed to facilitate relocation. Notwithstanding the foregoing provisions, the Board shall represent each Owner in an action to recover all awards with respect to such portion, if any, of Owners' personal property which is taken with all or part of the Property as is at the time of any taking, as a matter of law, part of the real estate comprising the Condominium, and shall allocate to such Owner so much of any awards as is attributable in the taking proceedings, or failing such attribution, attributable by the Board to such portion of Owners' personal property. Section 10.8 Change of Condominium Interest. In the event of a taking, and notwithstanding the Article entitled "Amendment" of this Declaration, in the event it is necessary to record an amendment to a Condominium Plan, such instrument must be executed by all persons or entities whose signatures would be required to record that Condominium Plan pursuant to Section 1351(e) of the California Civil Code or any similar statute then in effect and such other documents as required to make such amendment effective. Section 10.9 Requirements of Federal Agencies. In addition to the requirements of this Article, the Board and the Owners must also comply with the requirements of the Article entitled "Protection of Mortgagees" of this Declaration in the event of any taking. SERIFINA.CCR/C/GML/January 8, 1991 56 5 ARTICLE XI PARTITION Section 11.1 No Partition. The right of partition is hereby suspended, except that the right to partition shall revive and a Condominium project may be sold as a whole when the conditions for such action set forth in the Articles of this Declaration entitled "Destruction of Improvements" and "Eminent Domain" have been met; provided, however, notwithstanding the foregoing, any Owner may bring an action for partition by sale of the Condominium project in which his Condominium is located as provided in Section 1359 of the California Civil Code upon the occurrence of any of the events therein provided. Provided, further, that if any Condominium shall be owned by two (2) or more co-tenants, nothing herein contained shall be deemed to prevent a judicial partition as between such co-tenants. Section 11.2 Proceeds of Partition Sale. (a) Whenever an action is brought for the partition by sale of a Condominium project, whether upon the occurrence of any of the events provided in Section 1359 of the California Civil Code or upon the revival of the right to partition pursuant to the Articles of this Declaration entitled "Destruction of Improvements" or "Eminent Domain," the Owners of Condominiums in such Condominium project shall share in the proceeds of such sale in the same proportion as their interest in such Condominium project. As used in the foregoing sentence, such interest of each Owner shall be determined by comparing (1) an independent appraisal of an Owner's Condominium conducted by a N.A.I. appraiser selected by the Board, to (ii) the total of such appraised valuation for all Condominiums in such Condominium project. (b) The distribution of the proceeds of any such partition sale shall be adjusted as necessary to reflect any prior distribution of insurance proceeds or condemnation award as may have been made to Owners and their Mortgagees pursuant to the Articles of this Declaration entitled "Destruction of Improvements" and "Eminent Domain." In the event of any such partition and sale, the liens and provisions of all Mortgages or Assessment liens encumbering Condominiums within the Condominium project or projects so encumbered shall extend to each applicable Owner's interest in the proceeds of such partition and sale. The interest of an Owner in such proceeds shall not be distributed to such Owner except upon the prior payment of any Mortgage or Assessment lien encumbering such proceeds as aforesaid. SERIFINA.CCR/C/GML/January 8, 1991 57 (R ARTICLE XII NON-SEVERABILITY OF COMPONENT INTERESTS IN A CONDOMINIUM Section 12.1 Prohibition Against Severance. An Owner shall not be entitled to sever his Unit from his membership in the Association, and shall not be entitled to sever his Unit and his membership from his undivided interest in the Common Area for any purpose. None of the component interests in a Condominium can be severally sold, conveyed, encumbered, hypothecated or otherwise dealt with, and any violation or attempted violation of this provision shall be void. Similarly, no Owner can sever any exclusive easement appurtenant to his Unit over the Common Area from his Condominium, and any attempt to do so shall be void. The suspension of such right of severability shall not extend beyond the period in which the right to partition a Condominium project is suspended under California Civil Code, Section 1359. It is intended hereby to restrict severability pursuant to California Civil Code, Section 1358. Section 12.2 Conveyances. After the initial sales of the Condominiums, any conveyance of a Condominium by an Owner shall be presumed to convey the entire Condominium. However, nothing contained in this section shall preclude the Owner of any Condominium from creating a co-tenancy or joint tenancy in the Ownership of the Condominium with any other person or persons. SERIFINACCR/C/GML/January 8, 1991 58 (P ARTICLE XIII TERM OF DECLARATION Section 13.1 Term of Declaration. This Declaration shall run with the land, and shall continue in full force and effect for a period of fifty (50) sixty (GO) years from the date on which this Declaration is recorded. After that time, this Declaration and all covenants, conditions, restrictions easements and other provisions shall be automatically extended for successive ten (10) year periods unless one (1) yearprior to the expiration of said sixty year term or one (1) year prior to the expiration of the ten (10) year period then in effect this Declaration is revoked by an instrument approved executed by riet less than seventy-five percent (75%) of the then Owners and not less than sixty -seven percent (67%) of the Mortgagees based on one (1) vote for each Mortgage held, and such instrument is recorded in the Office of the San Diego County Recorder. SERIFINA.CCRIC/GML/January 8, 1991 59 @ ARTICLE XIV PROTECTION OF MORTGAGEES Section 14.1 Mortgage Permitted. Any Owner may encumber his Condominium with a Mortgage. Section 14.2 Subordination. Any lien created or claimed under the provisions of this Declaration is expressly made subject and subordinate to the rights of the First Mortgage that encumbers all or a portion of the Property, or any Condominium, made in good faith and for value, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of such Mortgage unless the Mortgagee expressly subordinates his interest, in writing, to such lien. Section 14.3 Amendment. 'The prior written consent of fifty-one percent (51%) of the voting power of holders of First Mortgages who have requested that the Association notify them in order to effect a "material amendment," as defined hereinbelow and sixty-seven (67%) of the voting power of the Association shall be required for any material amendment to this Declaration, to the Articles or to the Bylaws as shown under Subsection (a) and (b) of this Section. (a) Material Amendment. As used in this Section 14.3, the term "any material amendment" is defined to mean amendments to provisionsof this Declaration, to the Articles or to the Bylaws governing the following subjects: (1) Voting rights; • (ii) Assessments, collection of Assessments, creation and subordination of Assessment liens; Reserves for maintenance, repair and replacement of Common Area and Recreational Facilities Improvements; (iv) Responsibility for the maintenance and repair of the Property and improvements thereon; (v) Documents that pertain to the expansion or contraction of the Property or the addition, annexation, or withdrawal of property to or from the Property (vi) Boundaries of any Unit; SERIFINA.CCR/C/GML/January 8, 1991 60 (vii) Convertibility of Units into Common Area or Recreational Facilities or vice versa; (viii) Insurance or fidelity bonds; (ix) Leasing of Units; (x) Imposition of any restrictions on a Unit Owner's right to sell or transfer his or her Unit; (xi) Any provision, which by its terms, is the express benefit of Mortgagees or insurers or guarantors; (xii) Reallocation of interest in the-Common Area, Recreational Facilities or Exclusive Use Common Area, or rights to their use. (b) Actions and Decisions. Any of the following actions or decisions would be considered "material" as that term is used hereinabove in Section 14.3 and the voting requirements set forth in Section 14.3 above shall apply: (i) Effectuate any decision to assume self- management of the Property when professional management had been previously required by Mortgage holder; (ii) Restoration or repair of the Property (after a hazard damage or partial condemnation) in a manner other than that specified in the Governing Instruments; (iii) Termination of the legal status of the Property after substantial destruction or condemnation of the Property. (The prior written consent of sixty-seven percent (67%) of the voting power of holders of first Mortgages shall be required for the termination of the legal status of the Property for reasons other than substantiaL destruction or condemnation of the Property). Approval shall be implied when an Eligible Mortgage Holder fails to submit a response to any written proposal for an amendment or addition to the Governing Instruments within thirty (30) days after it has received proper notice of the proposal, provided SERIFINA.CCR/CIGML/January 8, 1991 61 that the notice was delivered by certified or registered mail with a "return receipt" requested. (c) Further Limitations. Unless at least sixty-seven percent (67%) of the holders of First Mortgages (based on one (1) vote for each Unit encumbered by a First Mortgage) or sixty-seven percent (67%) of the Owners other than the Declarant have given their prior written approval, the Association is not entitled to take any of the actions or make any of the decisions set forth hereinbelow in this Subsection (C). (i) By any act or omission, abandon, partition, sell, alienate, subdivide, release, transfer, hypothecate or otherwise encumber the Common Area and Recreational Facilities; provided, however, the granting of easements for public utilities or other public purposes consistent with the intended use of the Common Area and Recreational Facilities shall not require such approval; Change the method of determining the obligations, Assessments, dues, or other charges which may be levied against an Owner; Use hazard insurance proceeds for losses to the Common Area, Recreational Facilities or Units for other than the repair,' replacement, or reconstruction of said property. (iv) Fail to maintain fire and extended coverage insurance on the Common Area and the improvements thereto in an amount less than one hundred percent (100%) of the insurable value based on current replacement cost; (v) By act or omission change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design, the exterior appearance of the Condominium Buildings, the maintenance of the Common Area, the exterior maintenance of the Units, the exterior appearance of the Units, or the maintenance of the Recreational Facilities, including the party walls or common fences and driveways or the upkeep of lawns and plantinq. SERIFINA.CCR/C/GML/January 8, 1991 62 (D (vi) Partition or subdivide a Unit. (vii) By act or omission, seek to abandon or terminate the Condominium project. (viii) Change the pro rata interest or obligations of any Unit in order to levy Assessments or charges, allocate distribution' of hazard insurance proceeds or condemnation awards; or determine the pro rata share of ownership of each Unit in the Common Area. Section 14.4 Right to Examine Books and Records. Copies of the Declaration, Bylaws, rules, books, records, and financial statements shall be made available by the Association during reasonable business hours to Owners or to holders, insurers, and guarantors of First Mortgages and the Association is required to provide, at its expense, an audited statement for the preceding fiscal year to any holder, insurer, or guarantor of any First Mortgage who has submitted a request for it when the Property is composed of more than fifty (50) Units, but as long as there are fewer than fifty (50) Units and there is no audited statement available, any Mortgage holder has the right to have an audited statement prepared at its own expense. Section 14.5 Distribution of Insurance and, Condemnation Proceeds. No Owner, or any other party, shall have priority over any rights, of First Mortgagees of Condominiums pursuant to their Mortgages in case' of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of Units, Recreational Facilities or Common Area. Any provision to the contrary in this Declaration or in the Bylaws or other documents relating to the Property is to such extent void. All applicable fire and all physical loss or extended coverage insurance policies shall contain loss payable clauses acceptable to the affected First Mortgagees naming the Mortgagees, as their interests may appear. Section 14.6 Payments by Mortgagees. Mortgagees of Condominiums may, jointly or singularly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area or Recreational Facilities and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for Common Area or Recreational Facilities improvements or other insured property of the Association, and upon making any such payments, such Mortgagees shall be owed immediate reimbursement therefor from the Association. This provision shall constitute an agreement by the Association for the express benefit of all Mortgagees and upon request of any Mortgagees the Association shall execute and deliver to such Mortgagee a separate written agreement embodying the provisions of this Section 14.6. SERIFINA.CCR/C/GML/January 8, 1991 63 Section 14.7 Effect of Breach. No breach of any provision of these covenants, conditions and restrictions shall invalidate the lien of any Mortgage in good faith and for value, but all of these covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, trustee's sale, or otherwise. Section 14.8 Foreclosure. If any Condominium is encumbered by a First Mortgage made in good faith and for value, the foreclosure of any lien created by any provision set forth in this Declaration for Assessments, or installments of Assessments, shall not operate to affect or impair the lien of the First Mortgage. On foreclosure of a First Mortgage, the lien for Assessments on installments that have accrued up to the time of foreclosure shall be subordinate to the lien of the First Mortgage, with the foreclosure-purchaser taking the title to the Condominium free of the lien for Assessments on installments that have accrued up to the time of the foreclosure sale. On taking title to the Condominium the foreclosure-purchaser of a First Mortgage shall only be obligated to pay Assessments or other charges levied or assessed by the Association after the foreclosure-purchaser acquired .title to the Condominium. The subsequently levied Assessments or other charges may include previously unpaid Assessments provided all Owners, including the foreclosure-purchaser, and his successors and assigns, are required to pay their proportionate share as provided in this Section. Section 14.9 Non-Curable Breach... .Any Mortgagee who .,. acquires title to a Condominium by foreclosure or by deed-in-lieu of foreclosure shall not be obligated to cure any breach of this Declaration that is non-curable or of a type that is not practical or feasible to cure. Section 14.10 Loan to Facilitate. Any Mortgage given to secure a loan to facilitate the resale of a Condominium after acquisition by foreclosure or by a deed-in-lieu of foreclosure shall be deemed to be a loan made in good faith and for value and entitled to all of the rights and protection of this Article XIV. Section 14.11 Rights of Mortgage Holders, Insurers or Guarantors. Upon request, a Requesting Mortgagee, Insurer, or Guarantor on any Unit in the Property shall be given timely written notice of: SERIFINA.CCR/C/CML/January 8, 1991 64 (5 (a) Any destruction, taking, or threatened taking that affects either a material portion of the Property or the Unit securing its Mortgage. As used in this Declaration "damaged" or "taking" shall mean damage to or taking of the Common Area or Recreational Facilities exceeding Ten Thousand Dollars ($10,000.00) or damage to or taking of a Unit exceeding One Thousand Dollars ($1,000.00). If requested in writing by such Requesting Mortgagee, Insurer, or Guarantor, the Association shall evidence its obligations under this subsection in a written agreement in favor of such Requesting Mortgagee, Insurer, or Guarantor; (b) Any default in the performance by an Owner of any obligation under the Governing Instruments not cured within sixty (60) days or any 60-day delinquency in the payment of Assessments or charges owed by the Owner of any Unit on which it holds the Mortgage; . .. (C) A lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (d) Any proposed action that requires the consent of a specified percentage of eligible Mortgage holders. Section 14.12 Mortgagees Furnishing Information. Mortgagees are hereby authorized to furnish information to the Board concerning the status of any Mortgage. Section 14.13 Priority of Governing. Instruments shall give an priority over the rights of a First distribution to such Owner of insur awards for losses to or a taking of Facilities or Common Area. Mortgagee.- in the Owner, or any other party, Mortgagee in the case of a rnce proceeds or condemnation any Condominium, Recreational SERIFINA.CCR/C/GML/January 8, 1991 65 (3 ARTICLE XV AMENDMENT Section 15.1 Amendment Before the Close of First Sale. Prior to the close of the first sale of a Condominium in the Property to a purchaser other than Declarant, this Declaration and any amendments to it may be amended in any respect or revoked by the execution by Declarant an4 of an instrument amending or revoking this Declaration, after such instrument has been approved by the Department of Real Estate of the State of California. The amending or revoking instrument shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the Office of the San Diego County Recorder. Section 15.2 Amendment After Close of First Sale. After the close of the first sale of a Condominium in the Property to a purchaser other than Declarant, and during such time that the two-class voting structure is still in effect, this Declaration may not be amended or revoked in any respect, except by the vote or written consent of the holders of not less than seventy-five percent (75%) of the voting rights of each class of Members. Upon the termination of the two-class voting structure, this Declaration may not be amended or revoked in any respect except by the vote or written consent of seventy-five percent (75%) of the total voting power of the Association; and at least seventy-five percent (75%) of the votes of Members other than Declarant if Declarant still retains voting rights. However, if any provision of this Declaration requires a greater percentage of the voting rights of any class of Members in order to take affirmative or negative action under such provision, the same percentage of such class or classes of Members shall be required to amend or revoke such provision. Additionally, an Owner shall have all rights afforded him under Civil Code Section 1356 with respect to the amendment of the Declaration. Also, if the consent or approval of any governmental authority, any Mortgagee or other person, firm, agency or entity is required under this Declaration with respect to any amendment or revocation of any provision of this Declaration, no such amend- ment or revocation shall become effective unless such consent or approval is obtained. Any amendment or revocation subsequent to the close of such first sale shall be evidenced by an instrument certified by the Secretary or other duly authorized officer of the Association and shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the Office of the San Diego County Recorder. Notwithstanding anything in this Declaration to the contrary, any amendment to this Declaration which would modify the obligation of the Association to maintain the Common Area shall not be effective if such amendment affects the duties and obligationsg the Owners to maintain or repair the Common Area or Recreational Facilities or affects the rights of the City to enter upon the Common Area and tomaintain or repair the Common Area or the SERIFINA.CCR/C/GML/January 8, 1991 66 Section 15.3 Conflict with Article XIV or Other Provision of this Declaration. To the extent any provisions of this Article XV conflict with the provisions of Article XIV or any other provision of this Declaration, the provisions of Article XIV or the other provisions shall control. Section 15.4 Reliance on Amendments. Any amendment made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith. Section 15.5 Amendments to Conform with Mortgagee Recmireraents. It is the intent of Declarant that this Declara- tion and the Articles and Bylaws of the Association, and the Property in general, shall now and in the future meet all requirements necessary to purchase, guarantee, insure or sub- sidize any Mortgage of a Condominium in the Property by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Federal Housing Administration and the Veterans' Administration. In furtherance of that intent, Dec- larant expressly reserves the right and shall be entitled by unilateral amendment of the Declaration so long as Declarant owns more than twenty-five percent (25%) of the Condominiums in the Property to amend this Declaration in order to incorporate any provisions or to enter into any agreement on behalf and in the name of the Association that are, in the opinion of any of the cited entities or governmental agencies, required to conform the Declaration, the Articles, the Bylaws or the Property to the requirements of any of the entities or governmental agencies, including without limitation the execution on behalf of and in the name of the Association of a regulatory agreement between the Association and the Federal Housing Commissioner and any other agreement sufficient to satisfy the requirements for Mortgage purchase, guarantee or insurance by any of said entities or agencies. Declarant is hereby granted an irrevocable power of attorney to execute any such amendment or agreement by and in the name of the Association. Any such provision shall first be approved by the California Department of Real Estate in connection with its issuance of a final subdivision public report or amendment to it with respect to the Property. Each Owner of a Condominium and each Mortgagee of a Condominium by acceptance of a deed or encumbrance of a Condominium consents to the incorporation in this Declaration of any such provision and to the execution of any amendment or regulatory agreement and agrees to be bound by any such provisions as if they were incorporated SERIFINA.CCR/C/GML/January 8, 1991 67 in this Declaration. The Board and each Owner shall take any action or shall adopt any resolutions required by Declarant or any Mortgagee to conform this Declaration or the Property to the requirements -of any of said entities or agencies. SERIFINA.CCR/C/GML/January 8, 1991 68 101 ARTICLE XVI REPAIR AND MAINTENANCE Section 16.1 Repair and Maintenance of the Units by Owners. Except to the extent that the Association is obligated hereunder to maintain a portion of a Unit, each Owner shall maintain, repair, replace and restore all portions of his Unit including, without limitation, the interior walls, ceilings, floors and doors in a clean, sanitary and attractive condition. All such repairs and maintenance pursuant to this Section shall be sublect to such rules therefor as the Association may from Section 16.2 Repair and Maintenance of Certain Common Area and Exclusive Use Common Area by or at the Expense of. Owners. (a) Common Area. In the event the Board shall deter mine that the walls, ceilings, floors, doors or any other porti of the Common Area forming the boundaries of a Unit have been damaged from within the Unit, notwithstanding that such damage may be to the Common Area, the Owner of the Unit shall be responsible for repairing such damage in a timely manner and in accordance with such rules as the Board shall from time to time adopt. In the event such repair is not so accomplished by the Owner, the Association or its delegates shall have the right at reasonable time to enter the Unit to effect such repair, and th cost thereof shall be charged to the Owner of the Unit and, if not paid in a timely manner, shall be a Special Assessment. (b) Window Glass and Skylights. Each responsible at his sole expense for the interior cleaning, repair and replacement of all window g lights, if any, of his Condominium. (c) Heater, Air Conditioning Units, and Air Conditioning Pads. Each Owner shall be responsible at his s expense for the repair, maintenance and replacement of the heater, air conditioning unit, if any, and air conditioning if any within the Exclusive Use Common Area, if any, servicing his Condominium. (d) Garage Doors, Openers and Interiors. Each Owner shall be responsible at his sole expense for the repair, main- tenance or replacement of the garage doors of his Condominium, including without limitation, hinges, springs and other parts of the door mechanism, including automatic door openers, and except- ing only the exterior painting thereof. Each Owner shall also be responsible at his sole expense for the repair and maintenance of the interior surfaces of the garage area appurtenant to his Condominium. (e) Rights of Association. In the event that an Owner fails to accomplish any maintenance or repair required by this Section, the Association or its delegates shall have the right at reasonable times to enter the Unit to effect such maintenance or repair, and the costs thereof shall be charged to the. Owner of the Unit and, if not -paid in a timely manner, shall be a Special Assessment. (fg) Access for Telephone Wiring. The Owner of a Unit is entitled to reasonable access to the Common Area for the pur- pose of maintaining the internal and: external wiring made -part of a Unit. Said access shall be subject to the consent of the Association, whose approval -shall not be unreasonably withheld, and which may include the Association's approval of telephone wiring upon the exterior of the Common Area, and other conditions as the Association determines reasonable. () Exclusive Use Common Area. The Owner of a Unit shall be responsible for the day to day maintenance to maintain, at his sole cost and expense, of his Exclusive Use Common Area. Section 16.3 Repair and Maintenance by The Associa- tion. (a) Common Area and Recreational Facilities. The Association shall maintain and repair the exterior surfaces of all Condominium Buildings, including the painting thereof, and shall maintain and repair all landscaping and improvements on the Common Area and the Recreational Facilities (including the pool, spa and restrooms) the exterior portion, interior portion, and structural integrity of all walls within the Property including those located in the Entry Court and Rear Yards of a Unit which are not otherwise maintained by the Master Association, the private streets, sidewalks and walkways located within the Property, and the roofs of all Condominium Buildings and Recreational Facilities. The Association shall maintain, repair and replace all Common Area and Recreational Facilities, and SERIFINA.CCR/C/GML/JanUarY 8, 1991 70 L I I 11 Ii improvements thereon which are not otherwise made the express responsibility of the Owner, as described in Section 16.2 above. As set forth in Civil Code, Section 1364, tThe Association shall also be responsible for the repair and maintenance of the Common Area occasioned by the presence of wood-destroying pests or organisms. The costs of temporary relocation during the repair and maintenance of the Common Area shall be borne by the Owner of the Unit affected. The Association may cause the temporary, summary removal of any occupant within the Property for such periods and at such times as may be necessary for prompt, effective treatment of wood-destroying pests or organisms. The Association shall give notice of the need to temporarily vacate the Unit to the occupants and to the Owners, not less than fifteen (15) days nor more than thirty (30) days prior to the date of the temporary relocation. The notice shall state the reason for the temporary relocation, the date and time of the beginning of treatment, the anticipated date and time of termination of treatment, and that the occupants will be responsible for their own accommodations during the temporary relocation. Notice by the Association shall be deemed complete upon either: (1) Personal delivery of a copy of the notice to the occupants and sending a copy of the notice to the Owners, if different than the occupants, by first-class mail, postage prepaid, at the most current address shown on the books of the Association; (ii) by sending a copy of the notice to the occupants at the Unit's address and a copy of the notice to the Owners, if different than the occupants, by first-class mail, postage prepaid at the most current address shown on the books of the Association. For purposes of this section, "occupant" means an Owner, resident, guest, invitee, tenant, lessee, sublessee, or other person in possession of the Unit. (b) Exclusive Use Common Area. Section 16.2(g) above, the Association shall net be obligated to maintain repair, restore, repaint, replace and make any necessary improvements to that portion of the Exclusive Use Common Area e a Unit known as balconies and exterior stairways. It shall be SERIFINA.CCR/C/GML/January 8, 1991 72 El ) ARTICLE XVII GENERAL PROVISIONS Section 17.1 Headings. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declara- tion. Section 17.2 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision shall not invalidate any other provision. Section 17.3 Cumulative Remedies. Each remedy provided for in this Declaration shall be cumulative and not exclusive. Failure to exercise any remedy provided for in this Declaration shall not, under any circumstances, be construed as a waiver thereof. Section 17.4 Violations as Nuisance. Every act or omission in violation of the provisions of this Declaration shall constitute a nuisance and, in addition to all other remedies herein set forth, may be abated or enjoined by any Owner, any Member of the Board, and the Manager, or the Association. Section 17.5 No Racial Restriction. No Owner shall execute or cause to be recorded any instrument which imposes a restriction upon the sale, leasing or occupancy of his Condo- minium on the basis of race, sex, color or creed. Section 17.6 Access to Books. Any Owner may, at any reasonable time and upon reasonable notice to the Board or Manager at his own expense, cause an audit or inspection to be made of the books and financial records of the Association. Section 17.7 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose. Failure to enforce any provision hereof shall not con- stitute a waiver of the right to enforce said provision there- after. Section 17.8 Notification of Sale of Condominium. Concurrently with the consummation of the sale of any Condominium under circumstances whereby the transferee becomes an Owner thereof, or within five (5) business days thereafter, the transferee shall notify the Board in writing of such sale. Such notification shall set forth the name of the transferee and his Mortgagee and transferor, the street address of the Condominium purchased by the transferee, the transferee's and the Mortgagee's mailing address, and the date of sale. Prior to the receipt of such notification, any and all communications required or permitted to be given by the Association, the Board or the Manager shall be deemed to be duly made and given to the SERIFINA.CCR/C/GML/JanuarY 8, 1991 73 transferee if duly and timely made and given to said transferee's transferor. Mailing addresses may be changed at any time upon written notification to the Board. Notices shall be deemed received forty-eight (48) hours after mailing it by certified mail, return receipt requested and addressed to the address above specified. Notices shall also be deemed received twenty-four (24) hours after being sent by telegram, or upon personal delivery to any occupant of a Condominium over the age of twelve (12) years. Section 17.9 Number; Gender. The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine and neuter shall each include the masculine, feminine and neuter, as the context requires. Section 17.10 Easements Reserved and Granted. Any easements referred to in this Declaration shall be deemed - reserved or granted, or both reserved and granted, by reference to this Declaration in a deed to any Condominium. Section 17.11 Binding Effect. This Declaration shall inure to the benefit of and be binding on the successors and assigns of the Declarant, and the heirs, personal representa- tives, grantees, tenants, successors and assigns of the Owners. Section 17.12 Unsegregated Real Estate Taxes. Until such time as real property taxes have been segregated by the San Diego County Assessor they shall be paid by the respective Owners of Condominiums. The proportionate share of the taxes for a particular Condominium shall be determined by dividing the initial sales price or offered initial sales price of the Condo- minium by the total initial sales prices and offered initial sales prices of all Condominiums within the Property (the term "offered initial sales price" means the price at which an unsold Condominium is then being offered for sale by the Declarant). If, and to the extent, that taxes are not paid by any Owner of a Condominium and are allowed to become delinquent, they shall be collected from the delinquent Owner by the Association as a Special Assessment. Section 17.13 Delivery by Owner of Governing Instru- ments. Prior to the conveyance of a Unit by an Owner to a sub- sequent purchaser, Owner shall deliver a copy of the Governing Instruments to said purchaser along with a copy of the most recent Association financial statement. Prior to any conveyance of a Unit to a subsequent purchaser, Owner shall also deliver a true statement in writing from the Association as to the amount of any Assessments levied upon the Owner's Unit which are unpaid on the date of the statement. Said statement shall also include true information on late charges, interest, and costs of collec- tion as of the date of the statement, which are or may be made a lien upon the Owner's Unit pursuant to Civil Code Section 1367. Upon request of the above by an Owner, the Association shall, SERIFINA.CCR/C/GML/January 8, 1991 74 401 0 within ten (10) days of the mailing or delivery of the request, provide the Owner with a copy of said special items. The Association may charge a fee for said service, which fee shall not exceed the Association's reasonable cost to prepare and reproduce the requested items. SERIFZNA.CCR/C/GML/January 8, 1991 75 ARTICLE XVIII ANNEXATION Section 18.1 Annexation Without Approval and Pursuant to General Plan. All or any part of the Property, described on Exhibit "C" "(Annexation Property"), may be annexed to and become subject to this Declaration and subject to the jurisdiction of the Association without the approval, assent, or vote of the Association or its Members, provided that: (a) The annexation shall have occurred within seven (7) years from date of the recordation of this Declaration; (b) The recordation of the Supplementary Declaration of Annexation annexing a new Phase is effected prior to the third anniversary of the issuance of the original Final Subdivision Public Report for the immediately preceding Phase; and - (c) The California Department of Real Estate ("DRE") has agreed to issue a Final Subdivision Public Report, which shall be deemed to be evidence that Declarant has furnished proof satisfactory to the DRE that: (i) No proposed annexation will result in overburdening of the common interests of the then existing Owners and (ii) No proposed annexation will cause a substantial increase in Assessments against existing Owners which was not disclosed in Final Subdivision Public Reports under which pre-existing Owners purchased their interests. Section 18.2 Annexation Pursuant to Approval. Except as isotherwiseprovided in Section 18.1 preceding, the annexa- tion of additional residential Units, Recreational Facilities, and Common Area property, and the subjecting of it to the jurisdiction of the Association, can only be accomplished upon the affirmative vote, at a special meeting duly called for this purpose, of two-thirds (2/3) of the total votes residing in Association Members other than the Declarant. Section 18.3 Supplementary Declaration of Annexation. Annexation shall be accomplished by a duly recorded Supplementary Declaration of Annexation executed by Declarant alone if annexation is pursuant to Section 18.1 hereof, or by the Owners of the annexed property and by two or more Members of the Board of Directors if annexation is pursuant to Section 18.2 hereof. The Supplementary Declaration of Annexation shall describe the property annexed, any additional Common Area, Recreational Facilities, and state that it is made pursuant to the terms of this Article XVIII for the purpose of annexing the property so described to the Property and extending the jurisdiction of the Association to cover the same. If the annexation occurs after a meeting of the Members pursuant to Section 18.2 hereof, it shall so state, including a statement of the time and place of the meeting, the date of notice, the number of Members present, the number of Members who voted in favor of the annexation, and the SERIFINA.CCR/C/GML/January 8, 1991 76 (0 Supplementary Declaration of Annexation shall be executed, verified and acknowledged by two or more Members of the Board of Directors. Any Supplementary Declaration of Annexation recorded in accordance with the terms hereof shall be conclusive in favor of all persons who rely thereupon in good faith. From and after annexation, the property annexed shall be subject to the provisions of this Declaration and the jurisdiction of the Association pursuant to the terms hereof, and its Articles of Incorporation and Bylaws, except that Assessments shall commence as provided in Section 6.7 of Article VI hereof entitled "Assessments". Section 18.4 Supplementary Declaration of Annexation - Optional Provisions. Such Supplementary Declaration of Annexation contemplated above may contain such complementary additions and modifications of the covenants, conditions and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the annexed property and as are not inconsistent with the plan of this Declaration. In no event, however, shall any such Supplementary Declaration of Annexation revoke, modify or add to the covenants established by this Declaration within the existing Property. Section 18.5 Expansion of Association Membership. Membership in the Association shall be expanded to include Owners within annexed Phases of the Property. Section 18.6 No Obligation to Annex. Notwithstanding any provisions of this Declaration expressly or impliedly to the contrary, Declarant shall have no obligation whatsoever to annex any real property hereto including, without limitation, the real property described in Exhibit "C". Section 18.7 Improvements on Future Phases. Declarant expressly makes no representations or warranties in connection with improvements constructed on Units within future Phases of the Property. Declarant makes no guarantee that it will build similar or comparable improvements or Units within future Phases of the Property. Declarant expressly reserves the right to change the style, quality, size and cost of said improvements from those constructed in the first Phase of the Property, or any other Phase. Section 18.8 Mergers or Consolidations. Upon a merger or consolidation of the Association with another Association, which merger or consolidation must be approved by the vote or written assent of sixty-seven percent (67%) of the total voting power of Members other than the Declarant, the Association's properties, rights, and obligations may, by operation of law, be transferred to the surviving or consolidated Association, or, alternatively, the properties, rights and obligations of another Association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving Association pursuant to a merger. The surviving or consolidated SERIFINA.CCR/C/GML/January 8, 1991 77 Association may administer the covenants, conditions, and restrictions established by this Declaration within the Property, together with the covenants, conditions, and restrictions established upon any other property as one plan. SERIFlNACCR/C/GML/January 8, 1991 78 0 ARTICLE XIX ARCHITECTURAL CONTROL Section 19.2 Architectural Approval. No building, fence, wall or other structure (including patio covers) shall be commenced, erected, painted, repainted, refurbished, remodeled, maintained, or installed upon the Property, nor shall any exterior addition to or change or alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and approved in writing as to: a) harmony of external design, location and color in relation to surrounding structures and topography; b) preservation of the view from other Units Lots; and C) compliance with the covenants, condijions,änd restrictions contained in this Declaration by an Architectural Committee as set forth in Section 19.2 hereinbelow. The approval Section 19.32- Appointment of Architectural Committee. The Architectural Committee shall consist of not less than three (3) and not more than five (5) persons as fixed from time to time by resolution of the Board. The Declarant shall initially appoint all of the Architectural Committee. The Declarant shall retain the right to appoint, augment or replace all members of the Architectural Committee until the first anniversary of the issuance of the original Final Subdivision Public Report from the California Department of Real Estate for the first Phase of the Development, and the Declarant may appoint a majority of the Members of the Architectural Committee until the fifth anniversary of the original issuance of a Final Subdivision Public Report for the first Phase of the Development from the California Department of Real Estate, or until ninety percent (90%) of the Residences within the Development have been conveyed by Declarant, whichever shall first occur, provided that Declarant may, at its sole option, transfer this right to the Board by written notice thereof prior to the end of such period. Notwithstanding the foregoing, commencing one (1) year following the first conveyance by Declarant of a Residence, the Board shall have the right but not the obligation to appoint one (1) person to the Architectural Committee. Five (5) years after the date of the issuance of said Subdivision Public Report or when ninety percent (90%) of the Residences within the Development have been conveyed by Declarant, whichever shall first occur, the right to SERIFINA.CCR/C/GMLfJanuary 8, 1991 79 @) appoint, augment or replace a majority of Members of the Architectural Committee shall automatically be transferred to the Board. Persons appointed by the Board to the Architectural Committee must be Members; however, persons appointed by Declarant to the Architectural Committee need not be Members, in Declarant's sole discretion. Section 19.4 Landscaping Approval. No trees, bushes, shrubs or plants which at maturity, and without clipping or pruning thereof, would exceed the height of ten six (106) feet shall be planted or emplaced until the plans and specifications for the placement of any such trees, bushes, shrubs or plants have been submitted to and approved in writing by the Architectural Committee and Master Architectural Control Committee. Said plans as submitted shall show in detail the proposed elevations and locations of said trees, bushes, shrubs or plants, including the location and elevation of same in relation to other Units subject to those restrictions. Approval of said plans by the Architectural Committee may be withheld if in the reasonable opinion of the Architectural Committee the view of any Unit would be substantially impaired by the location of such tree, bush, shrub or plants, or in any other manner. In any event, the Architectural Committee shall have the right to require any Member to remove, trim, top, or prune any tree, or shrub, which in the reasonable belief of the Architectural Committee substantially impairs the view from any Unit. Section 19.54- Additional Powers. of the Architectural. Committee. The Architectural Committee may promulgate procedures for-establishing-such additional standards, rules and regulations as it deems to be appropriate. The Architectural Committee shall have the right to record a Memorandum of Non-Conformance on an Owner's Unit and may institute judicial proceedings to compel the Owner to remove the non-conformance. Section 19.6& Failure to Approve. In the event the Architectural Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article XIX will be deemed to have been fully complied with. Section 19.76 Powers. Approval of said plans and specifications may be withheld not only because of noncompliance with any of the specific conditions, covenants, and restrictions contained in this Declaration, but also by reason of the reasonable dissatisfaction of the Architectural Committee with the plan, the color scheme, finish, design, proportions, architecture, shape, height, style and appropriateness of the proposed structures or altered structures, the materials used therein, the kind, pitch or type of roof proposed to be placed thereon, or because of its reasonable dissatisfaction with any or all other matters or things which, in the reasonable judgment of the Architectural Committee, will render the proposed improvement SERIFINA.CCR/C/GML/January 8 1991 80 (0 of the Property or with the improvements erected on other Units; or which would substantially impair the view from other Units. The approval of such work shall be deemed conditional upon the commencement of such work within ninety (90) days after such approval has been obtained or within such longer or shorter period as shall have been specified by the Architectural Committee at the time of its approval. Work thereon must thereafter be prosecuted diligently to completion within a reasonable time and in any event before the expiration of such period as may be specified by the Architectural Committee. Section 19.84 Approval Not Waiver. The approval by the Architectural Committee of any plans or specifications submitted for approval as herein specified for use on any Unit shall not be deemed to be a waiver by the Architectural Committee as its right to object to any of the features or elements embodied in such plans and specifications, if or when the same features or elements are-embodied in any subsequent plans and specifications submitted for approval as herein provided for use on other Units. Neither Declarant nor the Architectural Committee or a member thereof shall be liable to anyone by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval, disapproval or the failure to approve or disapprove any plans. Section 19.9- Appeal. In the event the plans and specifications submitted to the Architectural Committee -are disapproved in whole or in part, the party or parties making such submission may appeal to the Board by submitting a written request for, appeal. The written request shall be submitted to the :Boara 'nbt more than thirty (30) days following' the final - decision of the Architectural Committee. The Board shall submit such request to the Architectural Committee for review, whose written recommendations will be submitted to the Board. Within forty-five (45) days following receipt of the request for appeal, the Board shall render its written decision. The failure of the Board to render a decision within said forty-five (45) day period shall be deemed a decision in favor of the appellant. Section 19.10- Nonapplicability to Declarant. The provisions of this Article XIX entitled "Architectural Control" shall not apply to Lots owned by Declarant for purposes of development, and all improvements constructed by Declarant thereon shall be deemed in full compliance with this Declaration; provided, however, that the Architectural Committee shall have the right pursuant to Section 19.44 to require the trimming, topping or pruning of trees or shrubs installed by Declarant. Section 19.1 1-G Landscaping by Owner within 180 Days; Security Deposit. Each Owner shall landscape the Rear Yard, if any, that portion of his Unit within the exterior walls on said Ownerts Unit (Entry Court and Rear Yard), which property has not been landscaped by Declarant, within 180 calendar days from the close of escrow for his Residence. No trees, shrubs or other SERIFINA.CCR/C/GML/January 8, 1991 81 U11 hereinabove. Upon the close of escrow of a Residence, if required by the Architectural Committee, each Owner shall deposit with the Architectural Committee a security deposit for any damage to the Common Area, Recreational Facilities, or Property as a result of the installation of said landscaping by Owner. The amount of said security deposit shall be determined by the Board or the Architectural Committee, in their sole discretion. Upon completion of said landscaping and notice thereof to the Architectural Committee, the Architectural Committee shall determine if any damage has occurred to the Common Area, Recreational Facilities, or Property during said landscaping installation. In the event it is determined that there is no damage, said security deposit shall be immediately returned to Owner. In the event it is determined that the Common Area, Recreational Facilities or Property have been damaged by said Owner's installation, Owner shall be obligated to pay for said- damage.. The amount required to repair said damage shall be retained from said deposit and the balance, if any, shall be immediately returned to Owner. If additional amounts are required beyond the security deposit amount, Owner shall pay said amount immediately to the Association upon request. SERIFINA.CCR/C/GMLfJanuary 8, 1991 82 (9 ARTICLE XX VIEWS Section 20.1 Views. As originally constructed, certain of the Units within the Property have a partial view. Owners acknowledge that any such view may be altered or obstructed as the resu1tof the construction or.installation of improvements on the Property that are made in accordance with plans and specifications that have, been approved by the Architectural Committee as well as by the construction or installation of improvements on property adjacent to the Property. Neither the Declarant, the Board, nor the Architectural Committee makes any assurance that any such views will be preserved or that construction of future improvements and landscaping or the natural growth of existing landscaping on or off the Property will not have an impact upon or obstruct the view that any Owner may now have from his Unit. SERIFINA.CCR/C/GML/January 8, 1991 83 oqfp ARTICLE XXI POST TENSION CONCRETE SYSTEM Section 21.1 Post Tension Slabs. By acceptance of the Deed to the Unit, each Owner acknowledges and understands that due to certain underlying expansive soil conditions, his Unit has been built using a post-tension concrete system ("System"). The System involves placing steel cables under high tension in the concrete slab foundation located beneath the Unit. Any attempt to alter or pierce the foundation and/or slab (for example, saw cutting, drilling, or installation of subterranean improvements such as new plumbing or a floor safe) could damage the integrity of the System and/or cause serious personal injury or property damage. Each Owner, by acceptance of the Deed to his Unit, hereby agrees that Declarant shall not be responsible for any damage or injury resulting from the alteration of the slab or foundation of the Owner's Unit by the Owner or any employee, agent, family member or representative of the Owner. Additionally, said expansive soil condition should be taken into consideration before the construction or installment by an Owner (or any of the Owner's contractors 'Or agents) of patios or any other improvements within the Owner's Rear Yard.- SERIFINA.CCR/C/GML/January 8, 1991 84 (9 ARTICLE XXII PROTECTION FROM LIENS Section 22.1 Association to Defend. In the event that a lawsuit is brought against all or substantially all of the Owners within the Property which will or could result in any lien or encumbrance being levied against the entire Property, the Association shall defend such lawsuit and the costs of such defense shall be a Special Assessment against all of the Owners within the Property joined as defendants in such lawsuit; provided, however, in the event that an insurance carrier is obligated to provide such defense under a policy of insurance carried by the Association, the Association shall be relieved of the obligation to provide such defense. Nothing contained herein shall in any way limit the rights of any Owner or Owners to retain counsel of their choice to represent them in such lawsuit at their own expense. In such event, such Owner or Owners shall not be relieved of liability for the Special Assessment provided for in this section. Section 22.2 Liens against Condominiums. The filing of liens against Condominiums shall comply with California Civil Code Section 1369 and until such section is supplemented or amended to provide otherwise, shall be as provided in this section. No labor performed or services or materials furnished within the Property with the consent of, or at the request of, an Owner or such Owner's agent or contractor shall be the basis for the filing of a lien against any other Condominium or any other Owner in the Property-. unless that other Owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the Owner of any Condominium in the case of emergency repairs thereto. Labor performed or services or materials furnished for the Common Area or Recreational Facilities, if duly authorized by the Association, shall be deemed to be performed or furnished with the express consent of each Owner. An Owner may remove his Condominium from a lien against two or more Condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by the lien which is attributable to such Condominium. Section 22.3 Other Liens. In the event that a lien or encumbrance not covered by California Civil Code Section 1369 is attached to all or substantially all of the Property by reason of a judgment or otherwise, the Association shall promptly take the appropriate steps to remove such lien, including but not limited to the payment of money and the posting of a bond. The Association shall have the power to borrow money and to take such other steps as are necessary to free the Property of such liens. Simultaneously with any action taken pursuant to this section, the Association shall levy a Special Assessment against all of the Owners whose Condominiums were subject to the lien or SERIFINA.CCR/C/GML/JanuarY 8, 1991 85 q encumbrance which caused the Association to act pursuant to said section equal to each such Owner's pro rata share of such lien or encumbrance. In the event that such Special Assessment is not paid prior to the delinquency date (as defined in Section 6.8 of this Declaration), the Board may effect the remedies contained in Section 1367 of the California Civil Code and the Article entitled "Collection of Assessments: Liens." Section 22.4 Reimbursement. In the event that it shall be proven in a court of law of competent jurisdiction over the claim or claims causing the Association to take action under this Article that a judgment resulting in a lien on all or a portion of the Property was primarily due to the acts or omissions of a particular Owner or Owners or the families or agents thereof, such Owner or Owners shall reimburse the Association for all expense incurred by it pursuant to the provisions of this Article. Upon such reimbursement the Association shall distribute the funds received to the Owners -- against whom Special Assessments were levied pursuant to the provisions of this Article. SERIFINA.CCR/C/GMLfJarivary 8, 1991 86 (9 ARTICLE XXIII REDESIGN OF DEVELOPMENT SERIFINA.CCR/C/GML/January 8, 1991 87 6D SERIFINA.CCR/C/GML/January 8, 1991 88 SERIFINACCR/C/GML/January 8, 1991 89 (3) SERIFINA.CCR/C/GML/January 8, 1991 90 SERIFINA.CCR/C/GML/January 8, 1991 91 ARTICLE XXIV PHASING OF DEVELOPMENT SERIFINA.CCR/C/GML/January 8 1991 92 (3 ARTICLE XXV GOLF COURSE SERIFINA.CCR/C/GML/January 8, 1991 93 0 ARTICLE XXVI MASTER DECLARATION SERIFINA.CCR/C/GML/January 8, 1991 94 ARTICLE XXVII CITY RIGHTS: SERIFINA.CCR/CJGML/January 8, 1991 95: Ea wner for any liability for personal injury or _g ising out of the condition of the maintenance a minon Area or the Recreational Facilities where injury or property damage was caused by the neg wner or said owner's designated agent. The Ass wners, by acceptance of a deed to his Condomini nd severally hold the City, its officers, board ns and members thereof, its employees and agent and free from any and all liabilities for perso d property damage which might arise out of or r tion of maintenance and repair of the Common Ar nal Facilities, including, but not limited to, for personal injury or property damage arising gence of the City, its officers, boards and coin rs thereof, its employees and agents. Should C s officers, boards and commissions and members yees or agents be named in any suit or otherwis he same be groundless or not arising out of or ndition or maintenance and repair of the Common nal Facilities, then the Association, and Owner e City, its officers, boards and commissions an its employees and agents, and shall indemnify t ent or settlement rendered against them or any ttlement or otherwise. SERIFINA.CCR/C/CML/January 8, 1991 96 IN WITNESS WHEREOF, the Declarant has executed this Declaration on the date first above written. A-M Homes, a California limited partnership LA STATE OF CALIFORNIA COUNTY OF WITNESS my hand and official seal. Notary Public in and for said State SERIFINA.CCR/C/GML/.January 9, 1991 97 EXHIBIT "A" PROPERTY SERIFIP4A.CCR/C/GML/January 8, 1991 69 EXHIBIT "B" DEPICTION OF RECREATIONAL FACILITIES SERIFINA.CCR/C/GML/January 8, 1991 EXHIBIT "C" ANNEXATION PROPERTY SERIFINA.CCR/C/GML/January 8, 1991 .'.0?- FF C cof Carlsbaa" IFO& Planning Department 1?I L £ MiTIGATED NEGATIVE DECLARATION If ' NOV2 61990 BY PROJECT ADDRESS/LOCATION: The 26.1 acre project site is located along the southeast corner of Alga Road and Black Rail Court. PROJECT DESCRIPTION: A Tentative Tract Map and Planned Unit Development to develop 108 multi-family units (in triplex structures) a private street and two recreation areas over a 26.1 acre site. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Mitigated Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. DATED: JULY 5, 1990 CASE NO: CT 89-39/PUD 89-19 /~/? APPLICANT: AWARA PLANNING AREA 12 PUBLISH DATE: JULY 5, 1990 FILED IN THE OFFICE OF THE COUNTY CLIK, SAN mo COUNTY rn .1V 26 19 4 POST ]ED CDD:lh 26 '9 REMOVED RETURNED TO AGENCY ON DEPUTY 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 0 S ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 89-39/PUD 89-19 DATE: JUNE 27, 1990 BACKGROUND 1. CASE NAME: AVIARA - PLANNING AREA 12 2. APPLICANT: A - M HOMES, INC. 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 7 UPPER NEWPORT PLAZA, NEWPORT BEACH, CA 92660 714-852-9411 4. DATE EIA FORM PART I SUBMITTED: DECEMBER 4, 1989 5. PROJECT DESCRIPTION: TENTATIVE SUBDIVISION MAP AND PLANNED UNIT DEVELOPMENT TO DEVELOP 108 CONDOMINIUM UNITS ALONG THE SOUTHEAST CORNER OF ALGA ROAD AND BLACK RAIL COURT. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked to indicate this determination. • An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a significant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are shown in the checklist under the headings "YES-sig" and "YES-insig" respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 9 S PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? X 2. Appreciably change the topography or any unique physical features? X 3. Result in or be affected by erosion of soils either on or off the site? X 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X - 5. Result in substantial adverse effects on ambient air quality? X 6. Result in substantial changes in air movement, odor, moisture, or temperature? X 7. Substantially change the course or flow of water (marine, fresh or flood waters)? X 8. Affect the quantity or quality of surface water, ground water or public water supply? X- 9. Substantially increase usage or cause depletion of any natural resources? X 10. Use substantial amounts of fuel or energy? X 11. Alter a significant archeological, paleontological or historical site, structure or object? X -2- 0 0 BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (ES) (insig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? x 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? X 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? x 15. Affect the divers Lty of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? x 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? X HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (Sig) (insig) 17. Alter the present or planned land use of an area? X 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? ______ X 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? ______ X 20. Increase existing noise levels? X 21. Produce new light or glare? _____ ______ X -3- 9 HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (Sig) ins g) 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? X 23. Substantially alter the density of the human population of an area? x 24. Affect existing housing, or create a demand for additional housing? X 25. Generate substantial additional traffic? X 26. Affect existing parking facilities, or create a large demand for new parking? X 27. Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? X 28. Alter waterborne, rail or air traffic? X 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? X 30. Interfere with emergency response plans or emergency evacuation plans? X 31. Obstruct any scenic vista or create an aesthetically offensive public view? X 32. Affect the quality or quantity of existing recreational opportunities? X -4- rQj 0 0 MANDATORY FINDINGS OF SIGNIFICANCE YES YE NO (Sig) (lnsig) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. X 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) X 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) X 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ______ ______ X 9010 0 0 DISCUSSION OF ENVIRONMENTAL EVALUATION This project is a 108 unit (multi-family) subdivision (4 residential and 3 open space lots) located at the southeast corner of the Alga Road/Black Rail Court intersection within the Aviara Master Plan area. The project site is 26.1 acres in size and has been previously rough graded consistent with approved grading plans for CT 85-35. For this environmental analysis, staff conducted two field trips to the subject property and reviewed the Pacific Rim Country Club and Resort Master Plan EIR 83-2(A) which already covered this property. The southern portion of the subject property (Lot-C) is vegetated with Coastal Sage Habitat and is under deed restriction to the California Coastal Commission. The remainder of the property has been mass graded and no sensitive environmental resources exist upon it. In that: (1) the proposed residential project is allowed by the underlying Aviara Master Plan and General Plan, (2) it is surrounded by compatible existing or future land uses including Alga Road to the north, Open Space to the south, the Aviara Golf Course to the west and the proposed Four Seasons Destination Resort Hotel Site, to the east, (3) the site has been previously rough graded and (4) the project will not encroach into the deed restricted Coastal Sage Scrub habitat to the south, no environmental impacts are anticipated. There were no public comments received in response to the Notice for a Mitigated Negative Declaration. PHYSICAL ENVIRONMENT 1. The project requires balanced grading totaling 45,000 cubic yards. The site has been previously rough graded consistent with approved grading plans for CT 85-35. No unstable earth conditions will be created as the grading plan is required to meet City Engineering Standards. 2. The topography of the previously graded site will not be significantly changed from its present graded state. 3. Properties surrounding the project site are currently in a graded but otherwise undeveloped state. The project will not result in or be affected by erosion of soils as all necessary drainage and erosion control facilities have been or will be provided to handle runoff from the site. 4. Impacts to Batiquitos Lagoon (i.e. erosion and runoff) will be adequately mitigated as discussed in response to #3 above. 5. The project will have an incremental impact on air quality (as discussed in EIR 83-2(A)), in that it will generate 864 trips/day. However, this impact is not considered significant in itself. Long term mitigation of air quality impacts will require that dependence upon the automobile be reduced regionally and statewide. 6. The project has a minimum 20 foot separation between the structures. This design will provide for adequate air movement. -6- 0 # DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED): 7. The project will not change the course or flow of water as no streams are located in the immediate area and drainage waters will be handled by existing and/or proposed facilities. 8. Development of this project will create impervious surfaces onsite which would reduce absorption rates and incrementally increase surface runoff and runoff velocities. However, to accommodate this incremental runoff, drainage facilities will be incorporated into the project to divert the runoff to new curb and gutter along Blackrail Court, thereby mitigating this concern. 9. Aside from the Coastal Sage Scrub habitat located in the southern portion of the property (which will be maintained in Open Space), no natural resources exist on this previously graded site. 10. Implementation of this project will incrementally contribute to the depletion of fossil fuels and other natural resources during construction and operation. This incremental increase is not considered significant. 11. The site is currently disturbed and all identified archaeological, paleontological or historical sites have been previously mitigated. BIOLOGICAL ENVIRONMENT 12. Excluding the Coastal Sage Scrub habitat located with the southern portion of the site which will be maintained in open space (deed restricted) the balance of the site has been disturbed through grading activities. In accordance, no significant biological resources will be impacted through project development. 13. No significant impacts to the Coastal Sage Scrub habitat located in the southern portion of the site are anticipated in that the landscaping proposed adjacent to this area will be compatible fire- retardant and non-invasive. 14. Implementation of the proposed project will not reduce the amount of acreage of any agricultural crop or affect farmland of State or local importance. 15. Wrought iron fencing located between development areas and the deed restricted open space to the south will mitigate impacts of domestic pets upon the wildlife in this open space area. 16. In that the on site protected habitat area is linked to other undeveloped open space areas within the Master Plan and because project fencing will deter domestic pet intrusion into this protected habitat area, no impacts or barriers to the movement of wildlife is anticipated to occur. -7- 0 DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED): HUMAN ENVIRONMENT 17. Development of this project will be consistent with the General Plan, Master Plan-177 and the Mello II LCP. The proposed triplex produce type is compatible with adjacent land uses. 18. As discussed in the Zone 19 Local Facilities Management Plan, with the payment of all required fees, all public facilities and services will be available to meet the demands of the project. 19. See 18 above. 20. Construction of the project will not result in noise impacts upon surrounding residences since the adjacent properties are undeveloped. Otherwise, the project is compatible with surrounding future uses and will not create significant noise impacts. Alga Road, which is located along the northern property boundary will create noise levels in excess of 60 dBA CNEL. However, this noise impact is proposed to be mitigated through the incorporation of a solid noise barrier (wall) between the road and the adjacent dwelling units and through the use of other sound attenuation measures (i.e. plexiglass shielded balconies, and mechanical ventilation) as specified within the Acoustical Study for this Planning Area. 21. Lighting utilized onsite will be directed so as to not impact adjacent future views. 22. Because this is a residential project it will not involve a significant risk of an explosion or the release of hazardous substances. 23. The proposed project net density of 5.9 du/acre is well below the density permitted upon the site (12.1 du/acre) per the Aviara Master Plan. In view of the reduced density, overall project environmental effects should be reduced. 24. The project will provide additional housing units to meet existing demand. 25. A total of 864 average daily vehicle trips will be generated by the project which will not significantly impact the circulation system as discussed in EIR 83-2(A) and LFMP - 19. 26. The demand for parking facilities created by this project will be satisfied onsite. Two garage spaces will be provided for each unit in addition to a total of 35 guest parking spaces. -8- to 0 fl DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED): 27. This project will require improvements to Black Rail Court and completion of Alga Road from El Camino Real to its entryway. The project will add 864 ADT to Black Rail Court and other surrounding streets. This minor increase in traffic is not considered significant. 28. The project site is outside of the Airport Influence Area for Palomar Airport. 29. One vehicular access point is proposed for the project and is not located to cause conflicts with its intersection with Black Rail Court. 30. The project will not interfere with emergency response plans. 31. The project will not obstruct any scenic vista and will create an aesthetically pleasing street scene along Alga Road and Black Rail Court through the use of adequate structural setbacks, structural relief and rich landscaping. WE 0 0 ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, C) alternate scale of development, d) alternate uses for the site e) development at some future time rather than now, f) alter- nate sites for the proposed, and g) no project alternative. a) The 108 dwelling units proposed with this project will be completed in one phase. Phasing would not result in an environmentally superior project. b) This project has been designed to comply with all development standards and design guidelines of the Aviara Master Plan. The proposal creates no significant environmental impacts. In accordance, no alternate site designs would appear as environmentally superior. C) The scale of this proposal (108 dwelling units) is a potentially superior improvement over the maximum of 351 dwelling units permitted per Master Plan - 177. d) Any change of land use (except higher density residential permitted per MP-177) upon the subject property would recessitate a General Plan Amendment and Master Plan Amendment. e) Since the site is already rough graded and, all public facilities and services will be available to support this proposed project, development at some future time would not be regarded as an environmentally preferable alternative. f) There are alternative sites for the project; however, they have no environmental advantages, and this proposal is consistent with the existing land use plans. g) The "no project" alternative is not in conformance with the General Plan/Master Plan designation for the property. Since the site is already graded, this alternative is not environmentally superior. -10- -6) 0 O DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: - I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. _ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. - I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. — 6 ~Tl' q 0 Date Date / Director LIST MITIGATING MEASURES (IF APPLICABLE) 1. Prior to the occupancy of any of the dwelling units, the project applicant shall construct a 6.0 foot high sound attenuation wall, as described in the Acoustical Analysis for PA-12, along Alga Road. Prior to the occupancy of units 2-9 the project applicant shall incorporate all required traffic noise mitigation measures as described in the Acoustical Analysis for PA-12, (i.e. balcony barriers and mechanical ventilation) into these units. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -11- 9 0 O APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. S Date Signature CDD:lh -12- 0 "S. PROJECT NAME: Aviara Planning Area 12 FILE NUMBERS: CT 89-39/PUD 89-19 APPROVAL DATE: EIR OR CONDITIONAL NEG. DEC.: Conditional Negative Declaration The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Monitoring Verified Mitigation Measure Type Dept. Shown on Plans Implementation Remarks Construction of a maximum 6.0 foot high sound attenuation wall and incorporation of balcony noise barriers and mechanical ventilation into units 2-9 as described in the Mestre-Greve Acoustical Analysis for PA-12, 1990. Planning Prior to occupancy p. p. p. p. Explanation of Headings Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD-AppendxP rig CD 0 CD:km MM . CASES DATE: ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (To be Completed by APPLICANT) Rhonda Heacock, Authorized Agent for Applicant: A-N Homes, a California limited partnerships By: A-N Homes, Inc., a Delaware corporation, its managing general partner. Address of Applicant: 7 Upper Newport Plaza Newport Beach, CA 92660 Phone Number: (714 ) 852-9411 Name, address and phone number of person to be contacted (if other than Applicant): GENERAL INFORMATION: (Please be specific) Project Description: Tentative Subdivision Map and Condominium Permit for 108 units (317 maximum units allowed). (Lot 230 of Master Tentative Map 85-35 recorded as Map No. 12412.) Project Location/Address: Southeast corner of Alga Road and Black Rail Court (Planning Area 12 in Aviara). (Note: This is for overall master map Assessor Parcel Number: 215 - 040 - 16 as subject Lot 230 is not yet segregated by tax assessor.) General Plan/Zone of Subject Property:Combination District! PC Zone Local Facilities Management Zone: 19 Is the site within Carlsbad's Coastal Zone? Yes Please describe the area surrounding the site to the North: Alga Road (under construction) East: Blue Heron Road (under construction) South: Coastal Resource Area West: Golf Course (under construction) List all other applicable permits & approvals related to this project: Aviara Master Plan EIR 86-2 2 1. Please describe the project site, including distinguishing natural and manmade _characteristics. Also provide precise slope analysis when a slope of 15' or higher and 15% grade or greater is present on the site. The site is currently mass graded and certified per approved plans; a portion of the site is untouched coastal resource area. 3. Please describe energy conservation measures incorporated into the design and/or operation of the project. UBC required residential energy conservation measures. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING: a. If a residential project identify the number of units, type of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected, average daily traffic generation (latest SANDAG rates). Attached. b. If a commercial project, indicate the exact type, activity(ies), square footage of sales area, average daily traffic generation (latest SANDAG rates), parking provided, and loading facilities. N/A c. If an industrial project, indicate the exact type or industry(ies), average daily traffic generation (latest SANDAG rates), estimated employment per shift, time of shifts, and loading facilities. N/A d. If an institutional project, indicate the major project/site function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N/A 3 I. ENVIRONMENTAL IMPACT ANALYSIS Please Answer each of the following questions by placing a check in the appropriate space. Then, fully discuss and explain why each item was checked yes or no. Provide supporting data if applicable. Attach additional sheets as necessary. YES NO 1) Could the project significantly impact or change present or future land uses in the vicinity of the activity? x EXPLANATION: Present mass graded condition would become urbanized in conformance with aporoved master plan. 2) Could the activity affect the use of a recreational area, or area of aesthetic value? EXPLANATION: Project provides on site recreational amenities and avoids steep slopes. 3) Could the activity affect the functioning of an established community or neighborhood? x EXPLANATION: This project is in the center of an approved master planned community being developed simultaneously. 4) Could the activity result in the displacement of community residents? x EXPLANATION: No residents live on the project site. 4 '0_3 E YES NO 5) Could the activity increase the number of low and moderate cost housing units in the city? EXPLANATION: Sales prices are expected to be high. 6) Could the activity significantly affect existing housing or create a demand for additional housing? X EXPLANATION: Proposed project will provide 108 housing units. 7) Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation? x EXPLANATION: Natural coastal resource areas are found elsewhere in the county; man-made features (i.e., landscaping, recreation areas) are typical in other upscale communities. 8) Could the activity significantly affect an historical or archaeological site or its settings? EXPLANATION: Project area has been previously graded. 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? X EXPLANATION: Project area has been previously graded (no development impact on scarce natural resources in master prolect as noted in EIR 86-2). 5 a . 0 YES NO 10) Could the activity significantly affect fish, wildlife or plant resources? EXPLANATION: Project site has been previously graded. 11) Are there any rare or endangered plant or animal species in the activity area? X EXPLANATION: Site is previously graded raw dirt -. no vegetation or wildlife. 12) Could the activity change existing features of any of the city's stream, lagoons, bays, tidelands or beaches? EXPLANATION: Project construction to be confined to previously graded site. 13) Could the activity result in the erosion or elimin- ation of agricultural lands? EXPLANATION: Project site has been previously graded. 14) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? EXPLANATION: Project located in center of previously 'approved master plan area. [1 . I YES NO 15) Will the activity require a variance from estab- lished environmental standards (air, water, noise, etc.)? x EXPLANATION: No variance requested. 16) Is the activity carried out as part of a larger project or series of projects? x EXPLANATION: This is Planning Area 12 within Phase 1 of the Aviara Master Planned Community. 17) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? x EXPLANATION: California Coastal Commission permits required. 18) Will the activity require issuance of a variance or conditional use permit by the City? x EXPLANATION: None requested nor required. 19) Will the activity involve the application, use, or disposal of potentially hazardous materials? x EXPLANATION: No use or disposal. 7 . 0 YES 20) Will the activity involve construction of facilities in a flood plain? EXPLANATION: No activity in flood plain. 21) Will the activity involve construction of facilities in the area of an active fault? EXPLANATION: No active faults as determined by EIR 86-2. 22) Could the activity result in the generation of significant amounts of dust? x EXPLANATION: Temporary dust generation will occur during rough grading of streets within the project. 23) Will the activity involve the burning of brush, trees, or other materials? EXPLANATION: No burning. 24) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore.) EXPLANATION: None expected as noted in EIR 86-2. NO x x KI x . YES NO 25) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? EXPLANATION: Not substantially as noted in EIR 86-2. 26) Will the activity involve construction of facilities on a slope of 25 percent or greater? EXPLANATION: Project to be constructed on previously mass graded pad. 27) Will there be a significant change to existing land form? (a) Indicate estimated yradina to be done in cubic yards: ± 45,000 cy (b) Percentage of alteration to the present land form: 50% (c) Maximum height of cut or fill slopes: 6' EXPLANATION: Not significant since grading is less than that determined to be significant in EIR 86-2. 28) Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? EXPLANATION: Not substantial as noted in Zone 19 Local Facilities Plan and EIR 86-2. X x X I YES NO 29) Will the project significantly increase wind or water eros-ion of soils? X EXPLANATION: Adequate erosion control measures will be put in place during construction. 30) Could the project significantly affect existing fish or wildlife habitat? X EXPLANATION: No effect. 31) Will the project significantly produce new light or glare? X EXPLANATION: Site being developed at 1/3 of its allowed density. 3 , 10 0 H. STATEMENT OF ti-SIGNIFICANT ENVIRONMENTAL EFF• If you have answered yes to any of the questions in Section I but think the activity will have no significant environmental effects, indicate your reasons -below: As noted on checklist explanation. III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional space is needed for answering any questions, attach additional sheets as needed.) Signature -_ (Person Completing Report) Rhonda L. Heacock, Authorized Agent for A—M Homes Date Signed Instruct. eia LBS:1 h 11 00 I . AV I A R A Planning Area 12 Summary Sheet - Question 3a. Number of units: Type of units: Estimated units sizes: Estimated sales prices: Estimated household size: ADT: 108 3-plex townhomes 1700 s.f. - 2035 s.f. $275,000 - $385,000 2 persons 864 State of California so 40 The Resources Agency M e m o r a n d u m Date : JUL25 1990 1. Gordon F. Snow, Ph.D. To : Assistant Secretary for Resources 2. City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Attention: Chris Decerbo From Department of Water Resources Los Angeles, CA 90055 Subject: DEIR for Aviara Planning Area 12, for 108 Units, dated July 1990 , SCFI 90010688 Your subject document has been reviewed by our Department of Water Resources staff. Recommendations, as they relate to water conservation and flood damage' prevention, are attached. After reviewing your report, we also would like to recommend that you further consider implementing a comprehensive program to use reclaimed water for irrigation purposes in order to free fresh water supplies for beneficial uses requiring high quality water supplies. For further information, you may wish to contact John Pariewski at (213) 620-3951. Thank you for the opportunity to review and comment on this report. Sincerely, Charles FL White, Chief Planning Branch Southern District Attachments 47 0 0 O Department of Water Resources Recommendations for Water Conservation and Water Reclamation To reduce water demand, implement the water conservation measures described here. Required The following State laws require water-efficient plumbing fixtures in structures: o Health and Safety Code Section 17921.3 requires low-flush toilets and urinals in virtually all buildings as follows: "After January 1, 1983, all new buildings constructed in this state shall use water closets and associated flushometer valves, if any, which are water-conservation water closets as defined by American National Standards Institute Standard A112.19.2, and urinals and associated flushometer valves, if any, that use less than an average of 1-1/2 gallons per flush. Blowout water closets and associated flushometer valves are exempt from the requirements of this section." 10 fornia Administrative Code Section 1604(f) (Appliance Efficiency Standards) establishes efficiency standards that give the maximum flow rate of all new showerheads, lavatory faucets, and sink faucets, as specified in the standard approved by the American National Standards Institute o n November 16, 1979, and known as ANSI A112.18.1M-1979. o Title 20, California Administrative Code Section 160(b) (Appliance Efficiency Standards) prohibits the sale of fixtures that do not comply with regulations. No new appliance may be sold or offered for sale in California that is not certified by its manufacturer to be in compliance with the provisions of the regulations establishing applicable efficiency standards. • Title 24 of the California Administrative Code Section 2-5307(b) (California Energy Conservation Standards for New Buildings) prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. • Title 24, California Administrative Code Sections 2-5352(1) and (j) address pipe insulation requirements, which can reduce water used before hot water reaches equipment or fixtures. These requirements apply to steam and steam-condensate return piping and recirculating hot water piping in attics, garages, crawl spaces, or unheated spaces other than between floors or in interior walls. Insulation of water-heating systems is also required. 0 0 o Health and Safety Code Section 4047 prohibits installation of residential water softening or conditioning appliances unless certain conditions are satisfied. Included is the requirement that, in most instances, the installation of the appliance must be accompanied by water conservation devices on fixtures using softened or conditioned water. o Government Code Section 7800 specifies that lavatories in all public facilities constructed after January 1, 1985, be equipped with self-closing faucets that limit flow of hot water. Recommendations to be implemented where applicable Interior: 1. Supply line pressure: Water pressure greater than 50 pounds per square inch (psi) be reduced to 50 psi or less by means of a pressure-reducing valve. 2. Drinking fountains: Drinking fountains be equipped with self-closing valves. 3. Hotel rooms: Conservation reminders be posted in rooms and restrooms .* Thermostatically controlled mixing valve be installed for bath/shower. 4. Laundry facilities: Water-conserving models of washers be used. 5. Restaurants: Water-conserving models of dishwashers be used or spray emitters that have been retrofitted for reduced flow. Drinking water be served upon request only .* 6. Ultra-low-flush toilets: 1-1/2-gallon per flush toilets be installed in all new construction. Exterior:* 1. Landscape with low water-using plants wherever feasible. 2. Minimize use of lawn by limiting it to lawn-dependent uses, such as playing fields. When lawn is used, require warm season grasses. 3. Group plants of similar water use to reduce overirrigation of low-water-using plants. 4. Provide information to occupants regarding benefits of low-water-using landscaping and sources of additional assistance. *The Department of Water Resources or local water district may aid in developing these materials or providing other information. - 2 - 01& O 0 5. Use mulch extensively in all landscaped areas. Mulch applied on top of soil will improve the water-holding capacity of the soil by reducing evaporation and soil compaction. 6. Preserve and protect existing trees and shrubs. Established plants are often adapted to low-water-using conditions and their use saves water needed to establish replacement vegetation. 7. Install efficient irrigation systems that minimize runoff and evaporation and maximize the water that will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. 8. Use pervious paving material whenever feasible to reduce surface water runoff and to aid in ground water recharge. 9. Grade slopes so that runoff of surface water is minimized. 10. Investigate the feasibility of using reclaimed waste water, stored rainwater, or grey water for irrigation. 11. Encourage cluster development, which can reduce the amount of land being converted to urban use. This will reduce the amount of impervious paving created and thereby aid in ground water recharge. 12. Preserve existing natural drainage areas and encourage the incorporation of natural drainage systems in new developments. This aids ground water recharge. 13. To aid in ground water recharge, preserve flood plains and aquifer recharge areas as open space. - 3 - S Department of Water Resources Recommendations for Flood Damage Prevention In flood-prone areas, flood damage prevention measures required to protect a proposed development should be based on the following guidelines: 1. It is the State's policy to conserve water; any potential loss to ground water should be mitigated. 2. All building structures should be protected against a 100-year flood. 3. In those areas not covered by a Flood Insurance Rate Map or Flood Boundary and Floodway Map, issued by the Federal Emergency Management Agency, the 100-year flood elevation and boundary should be shown in the Environmental Impact Report. 4. At least one route of ingress and egress to the development should be available during a 100-year flood. 5. The slope and foundation designs for all structures should be based on detailed soils and engineering studies, especially for hillside developments. 6. Revegetation of disturbed or newly constructed slopes should be done as soon as possible (utilizing native or low-water-using plant material). 7. The potential damage to the proposed development by mudflow should be assessed and mitigated as required. 8. Grading should be limited to dry months to minimize problems associated with sediment transport during construction. O TACHMENT "A" REVISED NOISE ANALYSIS FOR AVIARA PLANNING AREA 12 (For Grading Options 1, 2 and 3) CITY OF CARLSBAD Report # 90-178 July 12, 1990 Prepared For: AM HOMES 7 Upper Newport Plaza Newport Beach, CA 92660 Prepared By: Vincent Mestre, P.E. William Bloomer MESTRE GREVE ASSOCIATES 280 Newport Center Drive Suite 230 Newport Beach,CA 92660-7528 (714)760-0891 69 O NOISE ANALYSIS FOR AVIARA PLANNING AREA 12 (For Grading Options 1, 2 and 3) CITY OF CARLSBAD 1.0 INTRODUCTION The purpose of this report is to demonstrate compliance of the Aviara Planning Area 12 with the noise related 'Conditions of Approval' placed on the project by the City of Carlsbad for three different grading alternatives (Options 1, 2 and 3). This report is a revision to our previous report for PA-12: "Noise Analysis For Aviara Planning Area 12, City of Carlsbad", June 20, 1990. The project calls for the development of multi-family dwelling units. The report addresses the future exterior noise levels at the rear yards and at the residences for three different grading options. Option 1 represents the initial no-grading alternative for the project. Option 2 represents the initial grading concept reduced in elevation by eight feet. Finally, Option 3 represents the alternate edge condition for grading (see Exhibits 2A, 2B and 2C). The project is located in the City of Carlsbad, east of Interstate 5 and along Alga Road as shown in Exhibit 1. Exhibit 2A, 2B and 2C show the Site Plan for grading Options 1, 2 and 3 respectively. The project will be impacted by traffic noise from Alga Road which borders the northern portion of the project. This study determines any mitigation measures required to meet the City's exterior and interior noise standards. 2.0 NOISE CRITERIA The City of Carlsbad specifies outdoor and indoor noise limits for residential land-uses. Both standards are based upon the CNEL index. CNEL or Community Noise Equivalent Level is a 24 hour time weighted annual average noise level based on the A-weighted decibel. A-weighting is a frequency correction that correlates overall sound pressure levels with the frequency of the human ear. Time weighting refers to the fact that noise that occurs during certain sensitive time periods is penalized for occurring at these times. The evening time period (7 PM to 10 PM) penalizes noises by 5 dB while nighttime (10 PM to 7 AM) noises are penalized by 10 dB. These time periods and penalties were selected to reflect peoples sensitivity to noise as a function of activity. The City of Carlsbad has recently adopted an exterior noise standard of 60 CNEL for a six foot observer located five feet from the edge of rear yard. In addition the City has decided upon an interior noise standard of 45 CNEL. 3.0 METHODOLOGY The traffic noise levels projected in this report were computed using the Highway Noise Model published by the Federal Highway Administration ("FHWA Highway Traffic Noise Prediction Model", FHWA-RD-77-108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the "equivalent noise level". A computer code has been written which computes equivalent noise levels for each of the time periods used in CNEL. Weighting these noise levels and summing them results in the CNEL for the traffic projections used. Page 1 (0 0 MESTREGREVEASSOCIATES Exhibit 1 - Vicinity Map ' \ ( •\ _i. • - K • - I- tJ \ I N, ~1 Exhibit 2B - Site Plan For Option 2 (81 off) MESTRE GREVE ASSOCIATES / PIZ 0 O CNEL contours are found by iterating over many distances until the distance to 60, 65, and 70 CNEL contours are found, noise emission curve was used in the modeling process which represents the Southern California area. Caltrans has produced vehicle emission curves for automobiles, medium trucks and heavy trucks based on a survey of vehicles in the State of California. These noise emission curves are called the "Calveno" curves ("California Vehicle Noise Emission Levels," Caltrans, Report Number 54328-604214, January 1987). The analysis was modeled using a proprietary spreadsheet version of the FHWA-RD-77- 108 procedure developed by Mestre Greve Associates using Microsoft Excel Version 2.2. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. A noise barrier effect occurs when the "line of sight" between the source and receiver is penetrated by the barrier. The greater the penetration the greater the noise reduction. The FHWA model was also used here in computerized format to determine barrier heights. 4.0 ROADWAY NOISE EXPOSURE The future (year 2010) traffic volume for Alga Road was obtained from our noise contour study for the Noise Element of the City of Carlsbad General Plan dated April 26, 1990. The future average daily traffic volume for Alga Road between Poinsettia Lane and Pacific Rim Drive is 25,400. A vehicle speed of 40 miles per hour was utilized. Truck mixes for each of the time periods used in the CNEL calculation are presented in Table 1. The traffic distribution estimates are based upon traffic surveys, and are considered typical for arterials in Southern California. Table 1 TRAFFIC DISTRIBUTION PER TIME OF DAY IN PERCENT OF ADT VEHICLE TYPE DAY EVENING NIGHT Automobile 75.99 11.69 9.74 Medium Truck 1.44 0.22 0.18 Heavy Truck 0.58 0.09 0.07 Using the assumptions presented above, the future noise levels were computed. The results are reported here in Table 2 in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the centerline of the roadway to the contour value shown. Note that the values given in Table 2 do not take into account the effect of intervening topography that may affect the roadway noise exposure. Topographic effects are included in subsequent analyses to determine the actual noise exposure on the project site. In addition, these projections do not include any future vehicle noise reduction assumptions to take into account the effects of legislation requiring quieter vehicles in the future. Page 2 6 0 Table 2 DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS DISTANCE TO CNEL CONTOUR (Fl) ROADWAY SEGMENT % GRADE -70- -65- -60 Alga Road (Units 1 through 5) <3% 46 98 212 (Units 6 through 9) 5 % 48 103 222 The results in Table 2 and the site plans (Exhibits 2A, 2B and 2C) indicate that some of the rear yard areas along Alga Road will be exposed to traffic noise levels in excess of 60 CNEL. Rear yard observers along Alga Road will experience a worst case traffic noise level of 68.0 CNEL at Lot 6. The balcony observers in the project will be exposed to a worst case traffic noise level of 65.0 CNEL at this lot for Options 2 and 3. The same worst case conditions also will exist for Option 1 assuming that homes are located a minimum of 20 feet from top of slope and a minimum of 50 feet from roadway right-of-way. Therefore mitigation measures will be required for a number of yards and balconies along Alga Road for all three grading options to meet the 60 CNEL outdoor standard. Mitigation is also required should a 65 CNEL noise level be desired at these outdoor areas. Page 3 0 5.0 EXTERIOR NOISE MITIGATION The rear yard and balcony observers will be exposed to worst case traffic noise levels of 68.0 CNEL and 65.0 CNEL respectively regardless of the grading option chosen. Therefore exterior noise mitigation is required for rear yard areas and for balconies along Alga Road for grading options 1, 2 and 3 (see Exhibit 2A, 2B and 2C). Representative cross-sections along the roadway (see Appendix for analysis data) were analyzed utilizing the FHWA Model to determine the necessary sound wall and balcony barrier heights. Required noise barrier heights and locations to meet the City's 60 CNEL outdoor noise standard are shown in Tables 3, 4 and 5 and Exhibit 3A, 4A and SA for grading Options 1, 2 and 3 respectively. In addition, Tables 3, 4 and 5 and Exhibit 3B, 4B and 5B show the sound wall heights required to meet a 65 CNEL rear yard noise level for Options 1, 2 and 3 respectively. It should be noted that the noise barrier heights to meet the 65 CNEL are given only for comparison. Tables 3, 4 and 5 also include required balcony noise barriers. Table 3 REQUIRED NOISE BARRIERS FOR GRADING OPTION 1 REQUIRED BARRIER HEIGHTS (VF) ** To Meet City's CROSS-SECTION 60 CNEL Standard To Meet 65 CNEL REAR YARD MITIGATION A 6.5 * B,C 8.0 6.0 D,E and F 7.5 6.0 0 7.0 6.0 H 6.0 6.0 I * * BALCONY BARRIER MITIGATION A 5.5 * B, C, D, E, F 6.0 5.5 G 5.5 5.5 H 5.0 * I * * * noise barrier not required ** Noise Barriers may be a wall, berm or wall berm combination Page 4 0 r- ~- Table 4 REQUIRED NOISE BARRIERS FOR GRADING OPTION 2 REQUIRED BARRIER HEIGHTS (F1') LOT To Meet 60 CNEL To Meet 65 CNEL REAR YARD MITIGATION 2 55 * 3 5.5 5.5 4 6.5 5.5 5 7.5 5.5 6 9.5 6.5 7 8.0 6.0 8,9 7.0 5.5 BALCONY BARRIER MITIGATION 2,3 6.5 * 4,5 6.5 5.5 6, 7, 8 6.5 5.5 9 55 * * noise barrier not required ** noise barriers may be a wall, berm or wall/berm combination Table 5 REQUIRED NOISE BARRIERS FOR GRADING OPTION 3 REQUIRED BARRIER HEIGHTS (Fr) LOT To Meet 60 CNEL To Meet 65 CNEL REAR YARD MITIGATION 2,3,4 5.5 * 5 5.5 5.5 6 6.0 ** 5.5 7 6.0*** 55 8 6.0 5.5 9 5.5 5.5 BALCONY BARRIER MITIGATION 2,3 6.0 * 4 6.5 5.5 5, 6, 7, 8 6.0 5.5 9 55 * * noise barrier not required ** 6.0' exposed wall on top of 2.5' (minimum) berm *** 6.0' exposed wall on top of a 1.0' (minimum) berm Note: Top of wall elevations shown in Appendix in Table A-i Page 5 0 0,48 14 6.0' L ' - - • - 10 as '2'\)I.•- 8.0' ' 1111111 11111.11 IlIluIllIllIl. uIu.uu.u.u._IJJ_tI.JJJ •uaIJ!. - I iH(G F ES D, )C B 2 '•"•'." INDICATES SOUND WALL LOCATION CROSS-SECTION LOCATION Exhibit 3A - Required Sound Walls For Option 1 To Meet 60 CNEL Standard .1 <t : 463 ofr \\TN 1 .1$ - J. -.--... .----------- - - ! jJf in tuuLm V1 - :- 1,Ii4L!i!!1hhI 1IlIIuJaIIaauu.lIIII..i ç-1' G1 F E D. ) C B A/ Ill '••••'••"•r INDICATES 6.0' SOUND WALL LOCATION ..Exhibit 3B - Required Sound Walls CROSS-SECTION LOCATION For Option 1 To Meet 65 CNEL Level Road - It i7 to 7.0' =__= S S Required Sound Wall Location * Balcony Barrier Required 0 Mechanical Ventilation Required Exhibit 4A - Required Sound Walls For Option 2 To Meet 60 CNEL Standard MESTRE GREVE ASSOCIATES 7 -- - - 5.5' Sloping to 6.5-6.5' Siojg to 6.O'-— Alga Road— Ii I'- L-1 Required Sound Wall Location * Balcony Barrier Required * Mechanical Ventilation Required MESTRE GREVE ASSOCIATES Exhibit 4B - Required Sound Walls For Option 2 To Meet 65 CNEL Level Ii fi. Ip' O S. The project will meet the City's 60 CNEL standard (of the 65 CNEL level if desired) with the above sound walls and balcony noise bathers. The noise barriers are required to have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. They may be constructed of wood studs with stucco exterior, 1/4 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these materials. Wood and other materials may be acceptable if properly designed as a noise barrier. The required sound wall may also consist of a wall/berm combination so that the total height of the wall plus the berm amounts to the required noise barrier height. 7.0 INTERIOR NOISE MITIGATION The project must comply with the City of Carlsbad indoor noise standard of 45 CNEL. To meet the interior noise standard, the buildings must provide sufficient outdoor to indoor building attenuation to reduce the noise levels down to acceptable levels. The outdoor to indoor noise reduction characteristics of a building are determined by combining the transmission loss of each of the building elements which make up the building. Each unique building element has a characteristic transmission loss. For residential units, the critical building elements are the roof, wails, windows, doors, attic configuration and insulation. The total noise reduction achieved is dependent on the transmission loss of each element and the area of that element in relation to the total surface area of the room. Room absorption is the final factor used in determining the total noise reduction. The proposed dwelling units will be exposed to a worst case noise level of 64.8 CNEL at Lot 6. Therefore homes will require a maximum outdoor to indoor noise reduction of 19.8 to meet the 45 CNEL indoor noise for Options 2 and 3 and Option 1(assuming homes are a minimum of 20 feet from top of slope and a minimum of 50 feet from roadway right-of-way). The homes in the project will provide at least 20 dB of noise attenuation and therefore the project will comply with the City's Indoor Noise Standard without building upgrades with windows closed. With windows open, the outdoor to indoor noise reduction of a building fails to 15 dBA. Therefore for those homes experiencing a noise level greater than 60 CNEL windows must remain closed to meet the indoor noise standard. In order to assume that windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per Uniform Building Code. This can be achieved with mechanical ventilation to provide fresh air. The system must supply two air changes per hour to each habitable room including 20 % fresh make-up air obtained directly from the outside. The fresh air inlet duct will be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feet plus one sharp 90 degree bend. Mechanical ventilation will be required for those homes shown in Table 6 and Exhibits 4 and 5. Page 6 * INDICATES MECHANICAL VENTILATION REQUIRED BALCONY BARRIER REQUIRED "•'•"•'•..'. INDICATES SOUND WALL LOCATION Exhibit For Option - Required Sound Walls 3 To Meet 65 CNEL Level 0 4p Table 6 LOTS REQUIRING MECHANICAL VENTILATION FOR OPTION 1 Cross-Sections A though I** FOR OPTIONS 2 AND 3 Lots 1 through 10 ** see Exhibit 2A Page 7 0 0 4p APPENDIX DATA USED TO DESIGN NOISE BARRIERS ALONG ALGA ROAD FOR OPTION 1 DESIGN DATA - YARD AREA WITH A 6 FT. OBSERVER REAR YARD MITIGATION Cross-Section Road Elevation Distance To Wall Base Of Wall Dist. To Observer Pad Elevation A 297.5 75 304 80 304 B 298.4 65 304 70 304 C 297.8 65 304 70 304 D 295.5 70 304 75 304 Cross-Section Road Elevation Distance To Wail Base Of Wall Dist. To Observer Pad Elevation E 293 74 304 79 304 F 291 78 304 83 304 G 286.5 91 304 96 304 H 281.6 110 306 115 306 / 278.6 180 306 204 306 BALCONY BARRIER MITIGATION Road Distance Base Of Dist. To Pad Cross-Section Elevation To Wall Wall Observer Elevation A 297.5 115 314 120 314 B 298.4 102 314 107 314 C 297.8 100 314 105 314 D 295.5 100 314 105 314 Cross-Section Road Elevation Distance To Wall Base Of Wall Dist. To Observer Pad Elevation E 293 97 314 102 314 F 291 97 314 102 314 G 286.5 108 314 113 314 281.6 130 316 135 316 I 279.6 200 316 225 316 Page 8 4p 4p APPENDIX (Continued) DATA USED TO DESIGN NOISE BARRIERS ALONG ALGA ROAD FOR OPTION 2 DESIGN DATA - YARD AREA WITH A 6 FT. OBSERVER REAR YARD MITIGATION Road Distance Base Of Dist. To Pad Cross-Section Elevation To Wall Wall Observer Elevation 1 297.5 80 297.5 115 289 2 298 63 298 82 290 3 298 62 298 80 291.5 5 296 59 296 71 294.5 Road Distance Base Of 01st. To Pad Cross-Section Elevation To Wall Wall Observer Elevation 68 292 64 295 69 295.5 7 287.8 73 297 77 297 8 287 78 298.5 87 298.5 9 281.6 88 299 94- 299 10 278.6 170 297 205 297 BALCONY BARRIER MITIGATION Road Distance Base Of Dist. To Pad Cross-Section Elevation To Wail Wall Observer Elevation 1 297.5 200 299 205 299 2 298 115 300 120 300 3 298 105 301.5 110 301.5 5 296 102 304.5 107 304.5 Cross-Section Road Elevation Distance To Wail Base Of Wall Diet. To Observer Pad Elevation 68 292 100 305.5 105 305.5 7 2878 100 307 105 307 8 287 102 308.5 107 308.5 9 281.6 125 309 130 309 10 278.6 215 307 220 307 Page 9 (9 40 4p APPENDIX (Continued) DATA USED TO DESIGN NOISE BARRIERS ALONG ALGA ROAD FOR OPTION 3 DESIGN DATA - YARD AREA WITH A 6 FT. OBSERVER REAR YARD MITIGATION Lot Road Elevation Distance To Wail Base Of Wail Dist. To Observer Pad Elevation For 60 CNEL - yard 1 297.5 80 289.2 196 289.7 2 298.4 65 300.5 87 291.8 4 297.8 62 299.8 83 292.7 5 295.5 60 297.5 74 293 Lot Road Elevation Distance To Wall Base Of Wall Dist. To Observer Pad Elevation For 60 CNEL - yard 6 293 60 295 71 294.6 7 291 63 298 75 297 8 286.5 72 298 85 297 9 281.6 81 296 95 295 10 279.6 130 296 204 295 BALCONY BARRIER MITIGATION Road Distance Base Of Dist. To Pad Lot Elevation To Wall Wail Observer Elevation 1 297.5 202 299.7 207 299.7 2 298.4 112 301.8 117 301.8 4 297.8 103 302.7 108 302.7 5 295.5 102 304.3 107 304.3 Lot Road Elevation Distance To Wail Base Of Wail Dist. To Observer Pad Elevation 6 293 101 305.6 106 305.6 7 291 101 3072 106 3072 8 286.5 102 307.5 107 307.5 9 281.6 122 307.5 127 3075 10 279.6 215 306.7 220 306.7 Page 10 (a 0 !~j APPENDIX (Continued) Al REQUIRED SOUND WALLS TO MEET 60 CNEL FOR GRADING OPTION 3 SHOWING TOP OF WALL ELEVATIONS REQUIRED BARRIER HEIGHTS (VF) TOP OF WALL LOT To Meet 60 CNEL ELEVATION REAR YARD MITIGATION 2, 5.5 306.0 5.5 305.5 5.5 303.0 6 6.0 ** 303.5 6.0** 305.0 8 6.0 304.0 9 5.5 301.5 6.0' exposed wall on top of a 2.5' (minimum) berm *** 6.0' exposed wall on top of a 1.0' (minimum) berm Page 11 (0 I I I PREPARED FOR PREPARED BY ICG INCORPORATED 9240 TRADE PLACE, SUITE 100 SAN DIEGO, CALIFORNIA 92126 I I 1 I I I I I I I I I I I I I INTERIM AS-GRADED GEOTECHNICAL REPORT PLANNING AREA 12, UNIT D, LOT 230 AVIARA CARLSBAD, CALIFORNIA NOVEMBER 2, 1989 JOB NO. 04-3179-007-02-10 LOG NO. 9-2307 0 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP 2011 PALOMAR AIRPORT ROAD, SUITE 206 CARLSBAD, CALIFORNIA 92130 Orange County Office: I 15 Mason Irvine, CA 92718 714/951-8686 fax: 714/951-7969 I I I I I I I J ICG incorporated ISan Diego County Office- 9240 Trade Place, November 2, 1989 Suite 100 ISan Diego, CA 92126 619/536-1102 fax: 619/536-1306 Corporate Office: I 5 Mason Irvine, CA 92718 714/951-8686 fax: 714/951-6813 I Inland Empire Office: 1906 Orange Tree Suite 240 — Redlands, CA 92374 SUBJECT: , Redlands, fax: 714/798-1844 Aviara Land Associates Limited Partnership 2011 Palomar Airport Road Suite 206 Carlsbad, California 92130 Job No. 04-3179-007-02-10 Log No. 9-2307 Mr. Tony German INTERIM AS-GRADED GEOTECHNICAL REPORT Planning Area 12, Unit D, Lot 230 Aviara Carlsbad, California Gentlemen: Submitted herewith is the report of observation and testing performed during grading for the subject residential development project. This report and the accompanying As- Graded Geotechnical Maps include a summary of the as-graded geotechnical conditions, the results of field density testing, and preliminary recommendations for site development. This opportunity to be of service is sincerely appreciated. If you should have any further questions, please do not hesitate to contact the undersigned at your convenience. Very truly yours, ICG IN ORPORATED U) L'_ W. Lee Vanderhurst, President WLV/ cf I Geotechnical Services, Construction Inspection and Testing I I TABLE OF CONTENTS 1.0 INTRODUCTION ......................1 1.1 Authorization ...................1 1.2 Scope of Services .................2 I 2.0 SITE DESCRIPTION ....................3 3.0 GEOLOGIC SETTING ....................3 I 3.1 Torrey Sandstone (Map Symbol Tt) .........4 3.2 Lindavista Formation ...............4 3.3 Alluvium .....................4 1 3.4 Geologic Structure ................5 4.0 GRADING OPERATIONS ...................5 I 4.1 General ......................5 4.2 Preparation of Natural Ground ...........6 4.3 Soil Types ....................6 I 4.4 Fill Placement and Testing ............7 4.5 Cut/Fill Transitions ...............7 4.6 Fill Slopes ....................8 I 4.7 Cut Slopes ....................8 4.8 Natural Slopes ..................8 4.9 Subdrains .....................9 5.0 CONCLUSIONS AND RECOMMENDATIONS ............10 5 .1 General ......................10 I 5.2 Slope Stability ..................10 5.3 Slope Maintenance .................11 5.4 Settlement ....................12 I 5.5 Foundation and Slab Recommendations ........13 5.6 Expansive Soil ..................14 5.7 Reactive Soil ...................14 5.8 Surface and Subgrade Drainage ...........14 I 5.9 Trench Backfill ..................15 5.10 Subsequent Grading Operations ...........16 6.0 SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . 16 I I I . I I I I I I I I I 1 I I I I I I I I I I TABLE OF CONTENTS (Continued) Plates 1 - 2 As-Graded Geotechnical Map Figures 1 Location Map 2 Foundation Recommendations ATTACHMENTS Appendices A References B Test Results 0 I INTERIM AS-GRADED GEOTECHNICAL REPORT PLANNING AREA 12, UNIT D, LOT 230 I AVIARA CARLSBAD, CALIFORNIA 1.0 INTRODUCTION I This interim report summarizes the results of our testing and - observation services performed during earthwork construction I for Lot 230 at Aviara, Planning Area 12, Unit D, from April 20 through October 6, 1989. A final As-Graded report covering I the entire Aviara development will be prepared when grading is completed. A generalized description of the site's I physical characteristics, the grading operation, and the testing performed are first presented. The second half of I this report provides a geotechnical evaluation of the sites as graded conditions, with preliminary recommendations for future development which supersede those provided in our Preliminary Geotechnical Investigation (Appendix A, Reference 1). The accompanying As-Graded Geotechnical Map (Plates 1 and 1 2) shows conditions at the site as they were built, and the approximate locations of field density tests. The grading contractor for this project was Sukut Construction I Incorporated. Civil engineering was provided by P&D Technologies, who also prepared the 40-scale grading plan used as a base for our geotechnical map. 1.1 Authorization This report and the associated services were performed I in accordance with the provisions of our Proposal No. SDP9-5213 dated April 6, 1989. U I I I I I Aviara Land Associates Limited Partnership November 2, 1989 1.2 Scope of Services Job No. 04-3179-007-02-10 Log No. 9-2307 Page 2 Field personnel were provided for this project to observe and test the grading operations so that we could develop professional opinions of the contractor's adherence to our recommendations. Our services did not include supervision or direction of the actual work of the contractor, his employees, or agents. Specifically, our services involved the following: I - Testing fill and observation of placement. - Laboratory testing to determine pertinent engineering characteristics of the soil and bedrock I materials. I - Observation and mapping of the geologic conditions exposed during construction in cut slopes, subgrades, and keyways. - Geotechnical analysis of the data obtained from the I field to evaluate hazards such as slope stability, settlement, and expansive soils. - Providing updated geotechnical recommendations for I site improvements, based on geologic conditions encountered during grading. - Preparation of this report which summarizes our findings, opinions, and recommendations. I I I I I I I I Aviara Land Associates Job No. 04-3179-007-02-10 Limited Partnership Log No. 9-2307 I November 2, 1989 Page 3 2.0 SITE DESCRIPTION is The subject site located adjacent to the south side of Alga Road Stations 94+00 through 102+00. The site is bounded by I Blue Heron Way on the east, Black Rail Way on the west, a golf course fairway on the southwest, and coastal resource area 1 (natural) on the southeast. Alga Road bounds the site to the north, (see location map, Figure 1). The site is part of the I Aviara development on the north shore of Batiquitos Lagoon in Carlsbad, California. Topographically, the site is comprised of a sheet or rough graded pad with drainage provided toward a temporary I collection basin at the south end of the pad. Natural slopes adjacent to the southeast boundary of the site are moderate I to steep. The maximum topographic relief across the subject - site is approximately 70 feet, with elevations from approxi- mately 320 to 250 feet above sea level from the highest point on the pad to the toe of the south facing fill slope respec- tively. Prior to grading, the site was undeveloped. Previously, it I had been used for agriculture. Grasses and chaparral comprised the majority of the vegetation. No existing I improvements were evident on site. 3.0 GEOLOGIC SETTING I The geologic units exposed during grading were the Torrey Sandstone, Lindavista Formation, and deposits of alluvium in the drainages. As-graded geologic conditions are shown on the I attached As-Graded Geotechnical Map, Plate 1. I ri Li pa TIOT 21 PRO ( ,( RQJ it 1:21 9 ft it ' 200 - 2 - Ro i Tank r it 13 PHA -SE .. SUBJECT 11 * POINS SITE 7 it PHAØ P PHASE 11 La f Co I - ' LOG t) ON BA IQUITOS ., 33 - '•- C - -- — - —:--* m3 •, RO . \ ('.±iC .. •,, \ \\J "• * - -- .. ç 0. - / o 2000 4000 ADAPTED FROM U.S.G.S. 7.5 ENCINITAS QUADRANGLE MAP SCALE IN FEET LOCATION MAP r.i'i 1IcIIJ;l At I I I I I I I I I I I I I I I I I I I I I I 3.1 Torrey Sandstone (Map Symbol Tt) Aviara Land Associates Limited Partnership November 2, 1989 Job No. 04-3179-007-02-10 Log No. 9-2307 Page 4 The Eocene Torrey Sandstone underlies the entire site. In consists predominantly of light grey to yellow-brown, silty, fine- to medium-grained sandstone. The sandstone is both massive and broadly crossbedded. Within the sandstone are laterally discontinuous intervals of orange stained pebble to cobble conglomerate and clayey siltstone. These conglomerate/siltstone intervals range from less than a foot to several feet thick, and appear to be old channel-fill structures. The siltstone is generally a light blue-gray color and occurs in both thin lenses and isolated chunks (rip-up clasts). Laboratory testing indicates the siltstone is highly expansive. 3.2 Lindavista Formation I Quaternary age Lindavista Formation was encountered as a 10-foot to 15-foot cap on the higher cut area in the I northern portion of the site. It consisted of a red- orange-brown fine to medium grained sandstone with some cobbles. The Lindavista Formation was entirely removed I during the grading operations. I 3.3 Alluvium I Alluvial soils in-filling the canyon areas consisted of dark brown to gray silty and clayey sand, with minor I amounts of cobbles, and organic debris. Alluvium was loose to medium dense and dry to saturated at depth. Within the subject lots, the alluvium was completely I removed to expose bedrock of the Torrey Sandstone in areas receiving fill, or where exposed at cut grades. I I I I I I I I I I I Aviara Land Associates Job No. 04-3179-007-02-10 Limited Partnership Log No. 9-2307 J November 2, 1989 Page 5 3.4 Geolociic Structure Regionally, the bedrock is nearly flat-lying. Bedding dips are generally on the order of 5 degrees, with I localized steeper dips on cross-beds and within channel- fill structures. No faulting was observed within Unit I D during grading. 3.5 Groundwater I Neither surface nor subsurface groundwater was observed during grading of the site. 4.0 GRADING OPERATIONS 1 4.1 General Planning Area 12, Unit D, was graded by the contractor I employing conventional cut/fill mass grading techniques I with heavy earthmoving equipment. Grading plans, at a scale of 1 inch to 40 feet, were prepared by P&D Technologies. Both the original and as-built topography I are shown on the these plans, which also serve as a base for our As-Graded Geotechnical Maps, Plates 1 and 2. Grading operations began with remedial grading in the I swales and the lower areas of the site that were intended to receive fill. Dry, loose alluvial soils were removed I to expose moist, dense alluvium or bedrock. The removed material was replaced as compacted fill in the proposed fill areas. A fill key was excavated at the toe of the J main fill slope and a subdrain was installed in the main northeast-southwest trending swale. Cuts then began in Aviara Land Associates Job No. 04-3179-007-02-10 Limited Partnership Log No. 9-2307 November 2, 1989 Page 6 the high ground of the site, with the generated material placed as compacted fill in the lower areas until approximate rough grade was achieved. The maximum depth of fill placed was approximately 40-feet. A settlement monument was installed at finish grade in the area of maximum fill placement where alluvium was not completely removed. 4.2 Preparation of Natural Ground The site was first cleared of surface obstructions and stripped of vegetation. Topsoil and colluvium mantling the natural slopes were stripped to expose competent bedrock. Loose, dry alluvium was removed to expose moist, dense alluvium or Torrey Sandstone. A subdrain was installed at the bottom of the canyon. Prior to placing fill, the exposed subgrade soils were scarified to a depth of 6 to 8 inches, brought to approximately optimum moisture contents, and compacted. Existing slopes of both native ground and older fill, steeper than 5:1 (horizontal to vertical), were benched as the fills were brought up. Equipment-width keys, tilted slightly into slope, were excavated at the toes of fill slopes. We judged the natural ground, as prepared, to be suitable for the support of fill placed at the site. Li H I I I I I I I I [ I I I 4.3 Soil Types The various soils used as fill are tabulated in Table I, I "Laboratory Test Results". The maximum density and optimum moisture of the soils was determined by ASTM I I Aviara Land Associates Job No. 04-3179-007-02-10 Limited Partnership Log No. 9-2307 November 2, 1989 Page 7 D1557-78 (Modified Proctor Method). Prior to the soils being placed as compacted fill, organic debris and other deleterious material was separated out and disposed of off-site. I 4.4 Fill Placement and Testing Fill soils were typically placed in 6 to 8-inch lifts, brought to approximate optimum moisture content, and compacted. The equipment used for compacting consisted of self-propelled rubber-tired compactors, scrapers, sheepsfoot rollers, and other heavy earthmoving equip- ment. The maximum depth of fill placed was approximately 40-feet. I Density tests were made in accordance with ASTM D2922-81 and ASTM 3017-78 (Nuclear Methods), and ASTM D1556-82 I (Sand Cone Method). Results of the field density tests are tabulated in Appendix B, "Field Density Test Results". Approximate test locations are shown on the I accompanying "As-Graded Geotechnical Map", Plates 1 and 2. The elevations indicated for the tests were estimated I from field grade stakes and extrapolated from the project plans; further accuracy is not implied. 4.5 Cut/Fill Transitions Overexcavation of the bedrock portion of cut-fill I transitions was not performed during this phase of grading. The approximate location of the as-graded cut fill transitions are shown on Plate 1. I I I [1 I I I I 1 I I c1 I I Aviara Land Associates Job No. 04-3179-007-02-10 Limited Partnership Log No. 9-2307 I November 2, 1989 Page 8 4.6 Fill Slopes I In the area covered by this interim report, fill slopes reach a maximum height of approximately 30 feet. Fill I slopes were constructed in general conformance with the project plans and specifications at slope ratios of 2:1 I (horizontal:vertical) or flatter. Fill keys were excavated at the toe of the slopes prior to initiating fill operations. Fill slopes were built either by I overfilling and cutting back to grade, or by backrolling I with a sheepsfoot roller at intervals as the fill was brought done up. Finishing was by track-walking the slope face with a dozer. 4.7 Cut Slopes Cut slopes were graded to a slope ration of 2:1 I (horizontal:vertical) with a maximum height of approxi- mately 50 feet. All cut slopes were observed by the I project geologist to assess the presence of adverse geologic conditions affecting their stability. No such conditions requiring treatment were found. 4.8 Natural Slopes Off-site slopes were not analyzed unless their stability I would directly affect the slopes constructed for the development. Natural slopes along the southeast boundary I of the site are considered grossly stable in their present condition and are not expected to adversely affect the development. I I I I I I Aviara Land Associates Limited Partnership November 2, 1989 4.9 Subdrains Job No. 04-3179-007-02-10 Log No. 9-2307 Page 9 A subdrain was placed in the larger canyon drainage at, or slightly above the bedrock/fill contact. The subdrain was constructed of 6-inch perforated PVC pipe set in crushed rock and wrapped in geofabric. Approximately 9 cubic feet of open-graded, 3/4-inch rock was used per linear foot of drain. The approximate position of the subdrain is shown on Plate 2. I I I I I I I I I I Ii] I I I I I I I Aviara Land Associates Job No. 04-3179-007-02-10 Limited Partnership Log No. 9-2307 I November 2, 1989 Page 10 5.0 CONCLUSIONS AND RECOMMENDATIONS 5.1 General f In our opinion, grading and compaction was performed in general accordance with the recommendations in our I "Preliminary Geotechnical Investigation" (Reference 1) and with the requirements of the City of Carlsbad. The I conclusions and recommendations stated below are based on our observations and testing performed from April 20 I through October 6, 1989. No representations are made as to the quality and extent of any grading that we did not 1 observe. 5.2 Slope Stability I The constructed slopes for the project were evaluated I based on data from our "Preliminary Geotechnical Investigation" (Reference 1) and our observations and ' geologic mapping of conditions exposed during grading. In general, slopes should be stable with regard to deep- seated and shallow failure with a factor of safety of at least 1.5. This opinion is based on our best estimate of the geologic conditions, groundwater conditions and I strength properties existing at the subject site. It should be realized that site conditions can be complex I and variable due to changes in stratigraphy and geologic structure such as faulting. Therefore, it is possible I that conditions can differ from those assumed by us in evaluating slope stability. I Most man-made and natural slopes will weather over time as a result of wetting and drying, biologic forces, and Aviara Land Associates Job No. 04-3179-007-02-10 Limited Partnership Log No. 9-2307 November 2, 1989 Page 11 gravity. As a result, the outer two to three feet of slope face may undergo minor down-slope creep over the years. While it is not possible to completely eliminate this effect, it can be minimized by establishing deep- rooted vegetation on the slope, maintaining the drainage patterns established during construction, and rodent control. We recommend that any hardscape (flatwork, planters, and decks) that are sensitive to settlement be set back a minimum of five feet from the top of slopes. Foundations should be set back from the slopes as recommended in Section 13.6 of this report. In our stability analysis, surcharge loads (such as I retaining walls or fill added to slope tops) were not considered. In addition, cuts made at the toe of slopes I may seriously decrease slope stability. Any changes to the constructed slope heights or ratios, or additions of I surcharge loads should be evaluated by a geotechnical consultant. 5.3 Slope Maintenance In order to improve the future favorable performance of slopes, these areas should be landscaped at the completion of grading. Landscaping plants should be deep-rooted varieties requiring little watering. A landscape architect should be consulted for advice on the most suitable types and arrangements of plants. Pipes and other components of irrigation systems should be anchored on the slope face, not placed in excavated trenches. If automatic timing devices are used to control irrigation systems, provisions should be made I I I I U I Li I I I I I I I Li I I I Aviara Land Associates Job No. 04-3179-007-02-10 Limited Partnership Log No. 9-2307 I November 2, 1989 Page 12 for interrupting normal watering during and after periods of rainfall. Both homeowners and maintenance personnel should be fully aware that improper slope maintenance, altered site drainage, over-watering and damage by burrowing animals may seriously reduce slope stability. Also, any soil derived from the excavation of footings, landscaping, pools,and other improvements should not be dumped as loose fill over graded slopes. 5.4 Settlement I A settlement monument was placed at the surface of the fill over the area where alluvium was left in place. No I movement was measured on the monument over a period of a month. It is our opinion that additional primary I settlement of this area is unlikely. However, if addi- tional fill is placed on this area, continued monitoring of the settlement should be performed. Provided that the recommendations of this report are I observed, settlements due to structural loads should fall within tolerable limits for conventional one to two- story, wood-frame, residential structures. We estimate that the maximum total settlement will be approximately I one inch (occurring during and after building construction), and that differential settlement across I a single building pad may be as much as approximately three-fourths of an inch. I I (9 I I I I 5.5 Foundation and Slab Recommendations Aviara Land Associates Limited Partnership November 2, 1989 Job No. 04-3179-007-02-10 Log No. 9-2307 Page 13 The foundation recommendations presented below are preliminary, and should be used for planning purposes only. It is our understanding that additional grading will be performed prior to the construction of structures. Final foundation recommendations based on expansion testing should be developed following the completion of fine grading. Figure 2 presents typical foundation recommendations for soils of varying expansion potential. All footings should bear either entirely in bedrock or entirely in a fairly uniform depth of compacted fill. An allowable bearing capacity of 2500 psf is generally suitable for foundations in bedrock or compacted fill. These recommendations are generally consistent with the present standards of practice for foundation engineering in San Diego and, when implemented, should serve to reduce the risk of distress resulting from expansive soil and other soil conditions. However, good foundation performance depends greatly upon maintaining uniform moisture conditions and on other factors controlled by the homeowner or other user of the property. I Neither the footing dimensions or amounts and placement of reinforcing steel recommended in this report are I intended to supersede more-stringent design criteria if required either by the governing agencies or by a structural engineer. In all cases, foundations should I be designed by a structural engineer for the actual I c1 I I I I I 1 I I I [1 I I TYPICAL FOUNDATION AND SLAB RECOMMENDATIONS FOR EXPANSIVE SOILS (ONE AND TWO-STORY RESIDENTIAL BUILDINGS), EXPANSION INDEX EXPANSION INDEX EXPANSION INDEX EXPANSION INDEX 0-20 21-50 51-90 91-130 VERY LOW EXPANSION LOW EXPANSION MEDIUM EXPANSION HIGH EXPANSION 1-STORY ALL FOOTINGS 12 INCHES ALL FOOTINGS 12 INCHES EXTERIOR FOOTINGS 18 EX TER IOR FOOTINGS 24 DEEP. 1-NO. 4 BAR TOP DEEP. I-NO. 4 OAR TOP INCHES DEEP. INTERIOR INCHES DEEP. INTERIOR AND NOTION IN AND NOTION IN CONTINUOUS FOOTINGS 12 INCHES DEEP. FOOTINGS 12 INCHES DEEP. CONTINUOUS FOOTINGS. FOOTINGS 1-NO. 4 BAR TOP AND 2-NO. 4 BARS TOP AND BOTTOM IN CONTINUOUS BOTTOM IN CONTINUOUS FOOTINGS. FOOTINGS. 2-STORY ALL FOOTINGS 18 INCHES ALL FOOTINGS 18 INCHES ALL FOOTINGS 18 INCHES EXTERIOR FOOTINGS 24 DEEP. I-NO. 4 BAR TOP DEEP. 1-NO. 4 BAR TOP DEEP. 1-NO. 4 BAR TOP INCHES DEEP. INTERIOR AND NOTION IN AND BOTTOM IN CONTINUOUS AND NOTION IN CONTINUOUS FOOTINGS 18 INCHES CONTINUOUS FOOTINGS. FOOTINGS. FOOTINGS. DEEP. 2-140. 4 BARS TOP AND BOTTOM IN CONTINUOUS FOOTINGS. GARAGE DOOR GRADE 12 INCHES DEEP. 1-NO. 4 12 INCHES DEEP. 1-NO. 4 18 INCHES DEEP. 1-NO. 4 24 INCHES DEEP. 2-NO. 4 BEAM BAR TOP AND NOTION. BAR TOP MO BOTTOM. BAR TOP AND NOTION. BARS TOP AND NOTION. LIVING AREA 4 INCHES THICK. NOMINAL. 4-INCHES THICK. NOMINAL 4-INCHES THICK. NOMINAL. 4 INCHES THICK. ACTUAL FLOOR SLABS NO MESH REQUIRED FOR 6X6-WI.4 K W1.4 WWF AT 616-WI .4 K W1.4 WWF AT 6X6-W2..4 K 112.4 WWF AT EXPANSION FORCES. MID-HEIGHT. MID-WIGHT. MID-HEIGHT. NO. 3 DOWELS FROM FOOTING TO SLAB AT 36 INCHES ON CENTER. GARAGE FLOOR SLABS 4 INCHES THICK. NONINAI. 4 INCHES THICK. NOMINAL 4 INCHES ThICK, NOMINAL 4 INCHES THICK. ACTUAL NO MESH REQUIRED FOR 6X6-U1.4 K 111.4 WWF. 616-WI .4 K 111.4 WWF. 6X6-W2.4 X 112.4 11W. EXPANSION FORCES. ISOLATE FROM FOOTING ISOLATE FROM FOOTING ISOLATE FROM FOOTING STEP WALL. STEP WALL. STEP WALL. PRE-SOAKING OF NOT REQUIRED. MOISTEN SOAK TO 12 INCHES DEPTH SOAK TO 18 INCHES DEPTH SOAK TO 24 INCHES DEPTH LIVING AREA AND PRIOR TO POURING TO 4% ABOVE OPTIMUM TO 5% ABOVE OPTIMUM TO 5% ABOVE OPTIMUM GARAGE SLABS CONCRETE. MOISTURE CONTENT. MOISTURE CONTENT. MOISTURE CONTENT. NOTES: 1) ALL DEPTHS ARE RELATIVE TO LOWEST ADJACENT SOIL. 2) SPECIAl. DESIGN IS REQUIRED FOR VERY HIGHLY EXPANSIVE SOILS (E.I. GREATER THAN 130). 3) THESE ARE TYPICAL MINIMUM RECOMMENDATIONS. LOCAL CONDITIONS MAY DICTATE OTHER CONTROLLING RECOMMENDATIONS. REFER TO BODY OF REPORT FOR SITE SPECIFIC RECOMEM)ATIONS. 4) THESE RECOMMENDATIONS ARE BASED ON SOIL CONDITIONS AND SHOULD NOT BE CONSIDERED A STRUCTURAL DESIGN. FOUNDATION AND SLAB DETAIL (NOT TO SCALE) I I I WELDED WIRE FABRIC SLAB SUBGRAOE DOWEL (WHEN REQUIRED) REINFORCING BARS SLAB HOOK TO LOWER ..:.. •.... A A / DEPTH OF i I INTERIOR DEPTH OF :t. DEPTH OF FOOTING EXTERIOR ;i: PRE-SOAKED FOOTING 1I SOIL 1 1/2 INCH SAND LAYER rMOISTIJRE BARRIER (10 MIL MINIMUM) ,-CAPILLARY BREAK: 4 INCHES OF 3/8" I GRAVEL OR WASHED COARSE SAND REINFORCING BAR(S) ' (AS REQUIRED) 'INTERIOR FOOTING I FOUNDATION AND SLAB RECOMMENDATIONS '-EXTERIOR FOOTING 12/87 I I I I I I I I I I I 1 LI I Aviara Land Associates Job No. 04-3179-007-02-10 Limited Partnership Log No. 9-2307 November 2, 1989 Page 14 structural loadings, shrinkage and temperature stresses, and other factors associated with specific buildings. 5.6 Expansive Soil I Expansion tests performed on soil typical of the site I indicate a very low potential for expansion. The test results are presented in Appendix B, Table III. I Additional expansion testing should be performed following the completion of fine grading. 5.7 Reactive Soil I Results of sulfate content tests are presented in Appendix B, Table IV. The tests indicate that the I typical site soils should not be detrimental to Type I cement. Additional sulfate testing should be performed I following the completion of fine grading. 5.8 Surface and Subgrade Drainage The performance of foundations is highly dependent upon I maintaining adequate surface drainage both during and after construction. The ground surface around structures I should be graded so that surface water will be carried quickly away from the building without ponding. Roof I drains should be discharged at least five feet away from structures. Planters should be constructed so that I moisture is not allowed to seep into the foundation areas or beneath slab and pavements. I No groundwater conditions were found during grading that would adversely affect the finished pads. The use of I I I I I I Aviara Land Associates Job No. 04-3179-007-02-10 Limited Partnership Log No. 9-2307 November 2, 1989 Page 15 heavy landscape irrigation can artificially raise existing groundwater tables or create perches water tables. This may produce seepage or shallow groundwater where previously none existed. Fill placed in mass earthwork very often mixes soil of different permeabilities and makes prediction of seepage impossible. Where conditions are predictable, suitable subdrains have been installed. Careful attention to proper surface drainage and avoidance of excessive landscape irrigation will significantly reduce the potential for groundwater problems in the future. If seepage or saturated ground does develop, the geotechnical consultant should be promptly consulted for site-specific repair or correction recommendations. 5.9 Trench Backfill I The soils present at the site may be used as backf ill material for utility trenches, retaining walls, and similar purposes. Unless a geotechnical consultant I specifically recommends otherwise, backf ill should be compacted to at least 90% of modified Proctor maximum I density (ASTM D 1557-78). Backfill should be placed in uniform lifts of six to eight inches thickness. I Mechanical compactors should be used to compact the soil; water-flooding or jetting should not be used. When I specified, strict attention should be given to special requirements for bedding or hand compaction around pipes. I [1 (9 I Li I [1 I I I I I I Li I I I Aviara Land Associates Job No. 04-3179-007-02-10 Limited Partnership Log No. 9-2307 I November 2, 1989 Page 16 5.10 Subsequent Grading Operations Any further grading at the site (including trench and retaining-wall backfill) should be done with the I continuous observation and testing of a geotechnical consultant. The geotechnical consultant should be I notified as least two working days before the start of grading so that the can schedule the appropriate I observation and testing services. 1 6.0 SUMMARY Our description of both the grading operations and our I observations and testing services is limited to the grading work performed between the dates listed in Section 1.0 of this I report. The conclusions and recommendations contained herein are based upon our observations and testing as noted. No I representations are made as to the quality or extent of materials not observed. Based upon our testing and I observations, it is our opinion that the work performed has been accomplished in general conformance to the job specifications and the requirements of the regulating 1 agencies. It is our further opinion that the site as graded is suitable for the construction now proposed. This report I should be considered subject to review by the controlling authorities. I I I I 0 I 1 I I Aviara Land Associates Limited Partnership November 2, 1989 Job No. 04-3179-007-02-10 Log No. 9-2307 Page 17 I *** I ICG INCORPORATED W. Lee Vanderhurst C.E.G. 1125 Registration Expires: 6-30-90 Principal Geologist ~nthonyy F. Belfast, P.E. C 40333 Registration Expires: 3-31-91 Principal Engineer I I I I I I £L iL- Patrick A. Thomas Project Geologist WLV/AFB/ PAT/RNP/cf Robert M. Pitner Project Engineer G. ~0 ( . I25 * I c:r1F:D I EEErG / 3LS) e CA- I I )0.0 040-33 CfVii. I I I I I (9 I 1 I I F] I I I I I 1 1 I Fl APPENDIX A References I I I I (0 APPENDIX A References 1. San Diego Soils Engineering, Inc., "Preliminary Geotechnical Investigation, The Pacific Rim Country Club and Resort, Phase I, Carlsbad, California:, Job No. SD1400-01, January 29, 1986. 2 San Diego Soils Engineering, Inc., "Supplemental Geotechnical Investigation, Pacific Rim Country Club and Resort, Units A, B, C and Alga Road Corridor, Carlsbad, California" Job No. 04-3179-003-00-00, March 25, 1988. I I I I I I I I I I Ii I I I I I I I I Li -J I I I I I Li APPENDIX B Test Results I I Li I I I I I I I (9 I I I I I I 1 I I I I I I I I I I I I I APPENDIX B Test Results Mass Grading Density Tests - Elevations and locations of field tests were determined by hand level and pacing relative to field staking done by others. - Table I contains all of the density test results for the Aviara project to date, including the tests for Planning Area 12, Unit D, Lot 230. 0 I TABLE I LABORATORY TEST RESULTS - 3179 007- 02- 10 Aviara Land Associates November 1989 JOB .: NAME: DATE:_______________ SOIL I MAXIMUM ( OPTIMUM TYPE I CLASSIFICATION I DENSITY I MOISTURE 1 Light brown yellow silty fine SAND 118.2 13.5 2 Brown sandy SILT 113.4 15.0 3 Light brown sandy clayey SILT 117.0 13.0 4 Dark brown sandy CLAY with caliche 112.0 16.0 5 Olive green CLAY 109.1 19.4 6 Multi colored silty SAND 115.1 13.0 7 Multi colored silty SAND 118.3 13.5 8 Light brown yellow silty fine SAND 112.2 15.4 9 Dark brown silty fine SAND 121.7 11.0 10 Light brown silty fine SAND 115.2 13.6 11 Olive green - light brown sandy silty CLAY 114.0 13.3 12 Olive green sandy CLAY 112.6 17.3 13 Light brown silty SAND 115.7 12.8 14 Red-brown silty medium SAND 129.0 8.5 15 Light brown silty medium to fine SAND 117.0 12.3 16 Dark brown silty fine SAND 116.2 13.5 17 Yellow-light brown silty SAND 111.4 12.6 18 Grey-brown silty fine SAND 107.8 13.0 19 Greenish - light grey - light brown silty medium to fine SAND 117.2 13.1 20 Light brown - grey silty fine SAND 120.5 12.0 21 Red-brown silty SAND with clay 123.8 11.5 22 Light brown-grey very fine- SAND - 100.8 18.6 23 Olive green-grey silty SAND 114.1 14.9 24 Light yellow-grey silty SAND 114.7 14.9 25 Yellow-grey-brown SILTSTONE 101.7 20.9 26 Multi colored SILTSTONE 106.2 18.9 27 Grey-brown medium to fine SAND 124.1 11.0 28 Light yellow-grey silty very fine SAND 109.8 16.1 29 Brown-yellow-orange silty SAND 117.8 11.3 30 Brown-grey-white silty fine SAND 111.9 9.2 31 Light yellow-brown silty SAND 111.4 12.6 32 Grey-light brown silty SAND 113.1 14.5 I Li El I I El I I I I [] I I I I III 1 I TABLE I LABORATORY TEST RESULTS 04-3179-007-02-10 Aviara Land Associates November 1989 JOB NO.:______________ NAME:_____________________________________ DATE: SOIL MAXIMUM OPTIMUM TYPE CLASSIFICATION DENSITY MOISTURE (PCF) (%) 33 Green-light brown SILTSTONE 114.5 13.2 34 Grey-cream colored silty SAND 115.0 13.9 35 Dark brown silty fine SAND 118.2 11.5 36 Black-dark brown sandy SILT 123.0 9.9 37 Brown-yellow-grey silty fine SAND 118.5 12.2 38 Grey-brown silty medium to fine SAND 112.2 12.5 39 Light brown silty SAND 115.0 14.5 40 Green-grey-brown silty fine SAND 119.3 12.3 41 Olive green CLAY 109.0 19.7 42 Light yellow-brown silty fine SAND 113.1 15.3 43 Red-otange-brown medium fine SAND 123.9 10.5 44 45 Light brown silty fine SAND. 113.5 14.0 46 Green-red-brown clayey SILTSTONE 114.4 15.1 47 Grey silty SAND 119.5 12.6 48 Orange-brown silty SAND 114.2 13.5 49 Dark brown sandy SILT 123.6 11.1 1 I I I I I I I I I I I I I I I 1 [1 E Project Mass: Aviara Units R-E Client Ness : Rviara Land Associates Test Test Test Number Date Location 1989 2861 07/31 see sap 2862 07/31 see sap 2863 07/31 see sap 2864 07/31 see sap 2865 07/31 see sap 2666 07/31 see sap 2867 07/31 see sap 2868 07/31 see sap 2869 07/31 see sap 2870 07/31 see sap 2871 07/31 see sap 2872 07/31 see sap 2873 07/31 see sap 2874 07/31 see sap 2875 07/31 see sap 2876 07/31 see sap 2877 07/31 see sap 2878 07/31 see sap 2879 07/31 see sap 2880 07/31 see sap 2881 01/31 see sap 2882 07/31 see sap 2883 07/31 see sap 2884 07/31 see sap 2885 07/31 see sap 2886 07/31 see sap 2887 07/31 see sap 2888 07/31 see sap 2889 07/31 see sap 2890 07/31 see sap 2891 07/31 see sap 2892 08/01 see sap 2893 08/01 see sap 2894 08/01 see sap 2895 08/01 see sap 2896 08/01 see sap 2897 08/01 see sap 2898 08/01 see sap 2899 08/01 see sap 2900 08/01 see sap Project Number: 0431790070210 TABLE Paget 11 Field Density Test Results Elevation Curve No. Fill Fill or & Maximum Moisture Dry Relative Depth Dry Density Content Density Compaction Remarks (feet) (pcf) (percent) (pef) (percent) (see legend) 130 24 115 13.0 105 91 (90) Mi 124 24 115 14.0 104 90 (90) Ml 128 24 115 16.0 106 93 (90) Mi 229 20 121 14.0 104 86 (90) R-2868 Mi 230 20 121 14.0 106 87 (90) R-2869 Mi 226 20 121 13.0 110 91 (90) MU 228 20 121 13.0 109 90 (90) Mi 229 20 121 14.0 109 90 (90) Ml 230 20 121 14.0 110 91 (90) MU 220 19 117 14.0 106 90 (90) Sc 219 19 117 16.0 107 91 (85) Ml 228 20 121 14.0 106 88 (85) Ml 235 19 117 14.0 104 89 (85) Ml 225 19 117 160 107 92 (85) SC 232 19 117 14.0 106 90 (85) Ml 235 20 121 14.0 110 90 (85) MU 237 20 121 13.0 109 90 (85) Ml 189 20 121 15.0 109 90 (90) Mi 190 20 121 14.0 109 90 (90) MU 189 19 117 12.0 107 92 (90) MU 190 20 121 14.0 109 90 (90) SC 191 19 117 13.0 108 92 (90) Mi 192 19 117 12.0 107 91 (90) Ml 209 20 121 13.0 110 91 (90) SC 233 16 116 11.0 104 90 (85) Ml 235 21 124 14.0 106 85 (85) Mi 240 21 124 12.0 110 89 (85) MU 224 21 124 11.0 115 93 (85) Mi 225 21 124 12.0 113 91 (85) SC 226 19 117 13.0 108 92 (85) Ml 227 19 117 13.0 108 92 (85) MU 18 9 122 9.0 108 88 (85) MU 20 29 118 10.0 103 88 (85) Ml 18 29 118 10.0 106 90 (85) MU 18 29 118 8.0 103 87 (85) Ml 17 9 122 14.0 108 89 (85) Ml 17 9 122 12.0 111 91 (85) Ml 19 29 118 13.0 108 91 (85) Mi 19 29 118 11.0 107 90 (85) NO 20 29 118 9.0 105 89 (85) MU I I I I I I I I I I I I I I I I I I I R.sarks Leoindz (U) = Required Percent Compaction, R-4* = Retested on Test #1, SC--Sand Cone, Ml=Nuclear, DC=Drive Cyl., 0TOther (0 1 Project Name: Aviara Units A-E Project Number: 0431790070210 Client Mass : (h'iara Land Associates TABLE 2 Page # 12 I Field Density Tilt Results Elevation Curve No. Fill Fill I Test Test Test or & Naxisus Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 2901 08/01 see sap 22 29 118 9.0 106 90 (85) Ml I 2902 08/01 see sap 19 29 118 11.0 105 89 (85) NU 2903 08/01 see sap 21 29 118 10.0 107 91 (85) Mi • 2904 08/01 see sap 20 29 118 12.0 108 92 (85) Mi J 2905 08/01 see sap 22 29 118 12.0 106 90 (85) Mi 2906 08/01 see sap 174 20 121 11.0 110 91 (90) SC 2907 08/01 see sap 187 20 121 10.0 111 91 (90) SC 2908 08101 see sap 194 20 121 11.0 109 90 (90) Ml 2909 08/01 see sap 1% 20 121 12.0 110 91 (90) Ml 2910 08/01 see sap 199 20 121 11.0 111 91 (90) Mi 2911 08/01 see sap 198 20 121 12.0 109 90 (90). Ml • 2912 08/01 see sap 190 20 121 12.0 111 92 (90) MU 2913 08/01 see sap 186 20 121 12.0 111 92 (90) SC 2914 08/01 see sap 196 20 121 12.0 111 91 (90) SC 2915 08/01 see sap 209 20 121 12.0 109 90 (90) MU 1 2916 08/01 see sap 211 20 121 12.0 111 92 (90) Mi 2917 08/01 see sap 198 20 121 12.0 110 91 (90) Ml • 2918 08/01 see sap 184 20 121 12.0 110 91 (90) Ml 2919 08/01 see sap 201 20 121 12.0 110 91 (90) MU 2920 08/01 see sap 190 20 121 12.0 110 91 (90) SC I 2921 08/01 see sap 201 20 121 12.0 110 91 (90) Mi 2922 08/01 see sap 213 20 121 12.0 111 91 (90) Ml 2923 08/01 see sap 200 20 121 11.0 111 92 (90) MU 2924 08/01 see sap 188 20 121 13.0 111 92 (90) MU 1 2925 08/01 see sap 188 20 121 12.0 110 91 (90) Mi • 2926 08/01 see sap 204 20 121 12.0 111 91 (90) MU 2927 08/01 see sap 228 21 124 10.0 113 91 (90) MU 2928 08/01 see sap 229 21 124 12.0 113 91 (90) MU 2929 08/01 see sap 235 19 117 11.0 108 92 (85) MU 2930 08/01 see sap 237 19 117 12.0 105 89 (85) MU 2931 08/01 see sap 231 21 124 12.0 112 90 (90) SC • 2932 08/01 see sap 230 21 124 11.0 111 90 (90) Ml 1 2933 08/01 see sap 231 20 121 12.0 109 90 (90) MU 2934 08/01 see sap 233 19 117 12.0 106 91 (90) Ml I 2935 08/01 see sap 234 20 121 12.0 109 90 (90) Sc 2936 08/01 see sap 236 20 121 12.0 106 88 (90) R-2937 Mi 2937 08/01 see sap 236 20 121 13.0 109 90 (90) Ml 2938 08/01 see sap 235 19 117 13.0 107 91 (90) MU 1 2939 08/01 see sap 235 20 121 12.0 109 90 (90) Sc 2940 08/01 see sap 238 20 121 13.0 110 91 (90) NU Remarks Lsaend: (H) = Required Percent Compaction, R-** = Retested on Test *1, SC --Sand Cone, NUNuclear, DC=Drive Cyb, OTOther I Project Mace: Rviara Units -E Project Number: 0431790070210 Client Mace s flviara Land Associates TABLE 2 Page # 13 $ Field Density Test Results Elevation Curve No. Fill Fill I Test Test Test or & Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 2941 08/01 see cap 152 24 115 14.0 103 90 (90) Mi 1 2942 08/01 see cap 148 24 115 10.0 103 90 (90) Mi 2943 08/01 see cap 148 24 115 13.0 105 91 (90) Mi I 2944 08/01 see cap 150 24 115 13.0 104 90 (90) Ml 2945 08/02 see cap 20 19 117 10.0 106 91 (85) Ml 2946 08/02 see cap 21 19 117 11.0 105 90 (85) Ml I 2947 08/02 see cap 23 19 117 11.0 104 89 (85) P41 2948 08/02 see cap 24 29 118 10.0 108 92 (85) NV 2949 08/02 see cap 26 19 117 10.0 105 90 (85) Mi I 2950 08/02 see cap 28 19 117 11.0 106 90 (85) Mi 2951 08/02 see cap 30 19 117 11.0 107 91 (85) Ml 2952 08102 see cap 32 19 117 11.0 108 92 (85) Ml I 2953 08/02 see cap 17 19 117 12.0 107 91 (85) P11 2954 08/02 see cap 30 19 117 12.0 109 93 (85) MU 2955 08/02 see cap 14 19 117 12.0 109 93 (85) Mi 1 2956 08/02 see cap 15 19 117 12.0 106 91 (85) Ml 2957 08/02 see cap 13 19 117 13.0 106 91 (85) Mi I 2958 08/02 see cap 17 19 117 13.0 106 90 (85) MU 2959 08/02 see cap 112 32 113 10.0 97 86 (85) NV 2960 08/02 see cap 109 32 113 10.0 97 86 (85) Ml I 2961 08/02 see cap 123 32 113 10.0 97 86 (85) NV 2962 08/02 see cap 114 32 113 10.0 99 88 (85) Ml 2963 08/02 see cap 121 32 113 10.0 99 Be (85) MU 2964 08/02 see cap 126 32 113 9.0 101 90 (85) NV 1 2965 08/02 see cap 126 32 113 10.0 97 86 (85) MU • 2966 08/02 see cap 120 32 113 10.0 96 85 (85) Ml 2967 08/02 see cap 119 32 113 9.0 98 87 (85) P41 2968 08/02 see cap 111 32 113 9.0 97 85 (85) MV 2969 08/02 see cap 116 32 113 10.0 99 88 (85) NV 2970 08/02 see cap 122 32 113 10.0 101 90 (85) MU 2971 08/02 see cap 120 32 113 9.0 97 86 (85) Ml I 2972 08/02 see cap 128 32 113 9.0 97 86 (85) Ml 2973 08/02 see cap 241 19 117 15.0 107 92 (90) SC 2974 08/02 see cap 242 21 124 13.0 111 90 (90) SC I 2975 08/02 see cap 246 14 129 8.0 116 90 (90) Ml 2976 08/02 see sap 247 14 129 7.0 116 90 (90) MU 2977 08/02 see cap 248 21 124 12.0 113 91 (90) Ml 2978 08/02 see cap 249 21 124 13.0 113 91 (90) Ml 2979 08/02 see cap 246 20 121 16.0 109 90 (90) MU 2980 08/02 see cap 247 21 124 13.0 112 90 (90) SC Reiiarki Legends (1*) = Required Percent Compaction, R-*t = Retested on Test 0, SC--Sand Cone, MJNuclear, DC--Drive Cyl., OT=Other Project Name Rviara Units A-E Project Number: 0431790070210 Client Nan : iviara Land Associates TABLE 2 Page * 14 Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 2981 08/02 see up 244 21 124 13.0 114 92 (90) Mi 2982 08/02 see sap 245 21 124 13.0 114 92 (90) Mi 2983 08/02 see up 250 20 121 1110 108 90 (90) Mi 2984 08/02 see sap 250 20 121 11.0 111 92 (90) Nil 2985 08/02 see up 252 14 129 12.0 116 90 (90) Nil 2986 08/02 see up 253 21 124 12.0 114 92 (90) SC 2987 08/02 see sap 147 15 117 10.0 107 92 (85) SC 2988 08/02 see sap 150 15 117 7.0 104 89 (85) Mi 2989 08/02 see sap 161 16 116 6.0 105 91 (85) NJ 2990 08/02 see up 166 15 117 8.0 100 85 (85) Ml 2991 08/02 see up 159 15 117 8.0 100 86 (85) SC 2992 08/02 see sap 157 15 117 7.0 99 85 (85) Ml 2993 08/02 see sap 148 16 116 13.0 100 86 (85) Ml 2994 08/02 see sap 142 15 117 10.0 112 95 (85) Sc 2995 08/02 see sap 144 15 117 9.0 112 96 (85) Ml 2996 08/02 see sap 146 15 117 10.0 111 95 (85) Mi 2997 08/02 see sap 249 21 124 13.0 113 91 (90) SC 2998 08/02 see sap 250 20 121 11.0 110 91 (90) Mi 2999 08/03 see up 15 19 117 12.0 106 91 (90) Ml 3000 08/03 see sap 20 19 117 15.0 102 87 (85) Ml 3001 08/03 see sap 19 19 117 13.0 105 90 (90) Ml 3002 08/03 see sap 21 19 117 13.0 102 87 (85) Ml 3003 08/03 see sap 74 15 117 12.0 105 90 (90) Ml 3004 08/03 see sap 73 9 122 11.0 111 91 (90) Ml 3005 08/03 see up 68 15 117 15.0 106 90 (90) Nil 3006 08/03 see sap 69 9 122 13.0 111 91 (90) Nil 3007 08/03 see sap 131 32 113 7.0 98 87 (85) SC 3008 08/03 see sap 136 32 113 9.0 105 93 (85) Ml 3009 08/03 see sap 133 32 113 10.0 106 94 (85) Mi 3010 08/03 see up 129 32 113 10.0 107 95 (85) Ml 3011 08/03 see sap 136 32 113 9.0 98 87 (85) NIl 3012 08/03 see sap 130 32 113 9.0 99 87 (85) Mi 3013 08/03 see sap 138 32 113 9.0 100 88 (85) Ml 3014 08/03 see sap 133 32 113 10.0 98 87 (85) Mi 3015 08/03 see sap 135 32 113 10.0 100 88 (85) NJ 3016 08/03 see sap 125 32 113 10.0 99 88 (85) Mi 3017 08/03 see sap 136 32 113 10.0 101 90 (85) Nil 3018 08/03 see sap 137 32 113 10.0 99 87 (85) Ml 3019 08/03 see sap 127 32 113 9.0 99 88 (85) Nil 3020 08103 see sap 140 32 113 10.0 97 86 (85) Ml Resarks Ligindi () (0) = Required Percent Compaction, R-1* = Retested on Test *1, SC=Sand Cone, MJNuclear, DC--Drive CyL, OT=Other I I I I I I I I I I I I I I I I I I 1 I Units A-E Project Numbers 0431790070210 • Client Nasa 3 Aviara Land Associates TABLE 2 Page 1 15 I Field Density Test Results Elevation Curve No. Fill Fill I Test Test Test or & maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) I 3021 08/03 see sap 247 20 121 13.0 110 91 (90) Mi 3022 08/03 see sap 249 21 124 13.0 111 90 (90) MU 3023 08/03 see sap 252 21 124 11.0 114 92 (90) Mi • 3024 08/03 see sap 254 20 121 11.0 111 91 (90) Mi 3025 08/03 see sap 253 21 124 13.0 112 90 (90) Mi 3026 08/03 see sap 255 21 124 11.0 112 90 (90) SC 3027 08/03 see sap 254 20 121 12.0 109 90 (90) MU 3028 08/03 see sap 255 20 121 12.0 109 90 (90) MU 3029 08/03 see sap 256 21 124 14.0 111 90 (90) Ml I 3030 08/03 see sap 258 20 121 150 109 90 (90) SC 3031 08/03 see sap 256 21 124 14.0 111 90 (90) Ml I 3032 08/03 see sap 257 20 121 13.0 109 90 (90) MU 3033 08/03 see sap 257 20 121 13.0 111 92 (90) Ml 3034 08/03 see sap 259 21 124 14.0 113 91 (90) MU I 3035 08/04 see sap 70 5 109 24.0 99 91 (90) Mi 3036 08/04 see sap 76 5 109 19.0 104 96 (90) Ml 3037 08/04 see sap 71 5 109 19.0 105 96 (90) Mi 1 3038 08/04 see map 72 5 109 21.0 105 96 (90) Ml 3039 08/04 see sap 71 5 109 21.0 99 91 (90) Mi 3040 08/04 see sap 75 5 109 19.0 101 93 (90) MU 1 3041 08/04 see sap 76 5 109 21.0 103 94 (90) Mi - 3042 08/04 see sap 129 32 113 13.0 99 88 (85) MU 3043 08/04 see sap 133 32 113 12.0 100 88 (85) Mi 1 3044 08/04 see sap 138 32 113 11.0 98 87 (85) MU 1 3045 08/04 see sap 142 32 113 10.0 98 87 (85) Mi • 3046 08/04 see sap 145 32 113 9.0 100 89 (85) MU 3047 08/04 see sap 147 32 113 11.0 100 88 (85) MU 3048 08/04 see sap 144 32 113 10.0 98 87 (85) P1.1 3049 08/04 see sap 150 32 113 10.0 98 86 (85) Mi 3050 08/04 see sap 142 32 113 11.0 98 87 (85) MU 3051 08/04 see sap 126 32 113 10.0 100 89 (85) Mi 3052 08/04 see sap 132 32 113 10.0 99 88 (85) MU 1 3053 08/04 see sap 146 32 113 11.0 99 88 (85) Mi 3054 08/04 see map 152 32 113 11.0 99 88 (85) MU 3055 08/04 see sap 147 32 113 11.0 98 87 (85) NV 3056 08/04 see sap 82 18 108 15.0 99 91 (90) SC 3057 08/04 see sap 83 18 108 17.0 100 92 (90) SC I 3058 08/04 see sap 84 18 108 21.0 102 94 (90) SC 3059 08/04 see sap 85 22 100 16.0 96 96 (90) SC 3060 08/04 see sap 86 22 100 15.0 95 95 (90) SC I _ Remarks Lementh (1*) = Required Percent Compaction, R-** = Retested on Test 1*, SC$and Cone, NU#4uclear, DC--Drive Cyl., QTOther I I I 1 I .1 I I I I I I I I I I I I I Project Nam: Aviara Units A-E Project Number: 0431790070210 Client Nam s Rviara Land Associates TASLE.2 Page* 16 Field Density hit Results Elevation Curve No. Fill Fill Test Test Test or & maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3061 08/04 see sap 87 22 100 16.0 94 94 (90) SC 3062 08/04 see sap 88 22 100 18.0 92 92 (90) SC 3063 08/07 see sap 15 31 111 10.0 96 86 (85) Mi 3064 08/07 see sap 18 31 111 10.0 100 90 (85) Ml 3065 08/07 see sap 21 31 111 10.0 97 88 (85) NU 3066 08/07 see sap 24 31 111 10.0 96 87 (85) Ml 3067 08/07 see sap 23 31 111 10.0 102 92 (85) MI 3068 08/07 see sap 25 31 111 11.0 102 91 (85) Ml 3069 08/07 see sap 27 31 111 10.0 100 90 (85) Ml 3070 08/07 see sap 53 2 113 14.0 98 87 (85) NU 3071 08/07 see sap 55 2 113 13.0 102 91 (85) NU 3072 08/07 see sap 29 31 111 12.0 99 89 (85) SC (*1) = Required Percent Compaction, R-** = Retested on Test *1, SCSand Cone, MlNuclear, DC-Drive CyL, DT0ther (0 I Project Nauez Rviara Units A-E Project Number: 0431790070210 Client Nam : Aviara Land Associates TABLE 2 Page a 1 Field Density Tilt Results Elevation CurveCurve No. Fill Fill Test Test Test or & maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3073 08/07 see sap 258 21 124 11.0 111 90 (90) Ml 3074 08/07 see sap 260 21 124 12.0 113 91 (90) Ml I 3075 08/07 see sap 261 21 124 12.0 112 90 (90) MU 3076 08/07 see sap 262 21 124 14.0 112 90 (90) SC -I 3077 08/07 see sap 263 21 124 10.0 114 92 (90) MU 3078 08/07 see sap 263 20 121 11.0 110 91 (90) NV 3079 08/07 see sap 264 20 121 15.0 110 91 (90) Sc I 3080 08/07 see sap 264 20 121 15.0 100 83 (90) 8-3081 SC 3081 08/07 see sap 264 20 121 12.0 110 90 (90) SC 3082 08/07 see sap 137 16 116 8.0 105 91 (85) Mi 3083 08/07 see sap 139 16 . 116 12.0 103 88 (85) Mi 3084 08/07 see sap 140 16 116 13.0 103 89 (85) NV 3085 08/07 see sap 129 16 116 11.0 103 88 (85) SC I 3086 08/07 see sap 124 16 116 9.0 109 94 (85) Sc 3087 08/08 see sap 57 3 117 8.0 100 85 (85) Mi • 3088 08/08 see sap 57 3 117 9.0 101 86 (85) NV 3089 08/08 see sap 56 3 117 11.0 104 89 (85) Ml 3090 08/08 see sap 61 3 117 10.0 102 88 (85) MU 3091 3092 08/08 08/08 see sap see sap 63 64 3 3 117 117 10.0 10.0 101 102 86 87 (85) (85) Ml Ml 3093 08/08 see sap 66 3 117 10.0 100 85 (85) ML! I 3094 08/08 see sap 57 19 117 11.0 107 91 (90) Mi 3095 08/08 see sap 67 19 117 12.0 108 92 (90) Ml 3096 08/08 see sap 77 19 117 12.0 107 91 (90) Mi 3097 08/08 see sap 78 19 117 12.0 107 91 (90) MU 3098 08/08 see sap 82 19 117 12.0 107 92 (90) Ml 3099 08/08 see sap 85 19 117 12.0 108 93 (90) Ml ' 3100 08/08 see sap 87 19 117 12.0 108 92 (90) Mi 3101 08/08 see sap 265 20 121 10.0 108 89 (90) R-3103 NV 3102 08/08 see sap 266 20 121 13.0 106 Be (90) 8-3104 MU 1 3103 08/08 see sap 265 20 121 11.0 112 92 (90) Mi 3104 08/08 see sap 266 20 121 13.0 109 90 (90) NV 3105 08/08 see sap 264 20 121 11.0 109 90 (90) SC I 3106 08/08 see sap 265 21 124 12.0 114 92 (90) Ml 3107 08/08 see sap 267 21 124 12.0 114 92 (90) SC I 3108 08/08 see sap 267 20 121 11.0 110 91 (90) Mi 3109 08/08 see sap 268 20 121 13.0 110 91 (90) SC 3110 08/08 see sap 267 21 124 11.0 113 91 (90) Ml • 3111 08/08 see sap 268 21 124 11.0 112 90 (90) MU (0 Rusarki Legunth (*4) = Required Percent Compaction, 8-It = Retested on Test *4, SC--Sand Cone, MJNuclear, DC4rive Cyl., OT=Other I I I I I I I I I I I I I I I I I I I Project Nasai fviara Units 11-E Project Number: 0431790070210 Client Nest z Rviara Land Associates TABLE 2 Page 1 2 Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3112 08/09 see map 135 19 117 9.0 106 90 (90) Mi 3113 08/09 see sap 147 19 117 10.0 110 94 (90) Mi 3114 08/09 see sap 143 19 117 7.0 107 92 (90) Mi 3115 08/09 see map 151 19 117 8.0 114 97 (90) Mi 3116 08/09 see map 138 19 117 10.0 110 94 (90) Mi 3117 08/09 see map 153 19 117 8.0 110 94 (90) NV 3118 08/09 see map 144 19 117 9.0 110 94 (90) Ml 3119 08/09 see sap 141 19 117 9.0 106 91 (90) Be 3120 08/09 see map 143 19 117 10.0 106 90 (90) SC 3121 08/09 see map 151 19 117 12.0 105 90 (90) SC 3122 08/09 see map 154 19 117 13.0 105 90 (90) SC 3123 08109 see sap 155 19 117 11.0 105 90 (90) SC 3124 08/09 set sap 155 19 117 11.0 109 93 (90) SC 3125 08/09 see map 157 19 117 10.0 109 93 (90) Sc 3126 08/09 see sap 40 35 118 10.0 103 87 (90) R-3133 Ml 3127 08/09 see sap 45 35 118 10.0 99 84 (90) R-3134 Mi 3128 08/09 see sap 52 35 118 10.0 102 86 (90) R-3135 Mi 3129 08/09 see map 37 35 118 10.0 109 93 (90) Sc 3130 08/09 see map 34 35 118 11.0 109 92 (90) SC 3131 08/09 see map 34 35 118 11.0 109 92 (90) NV 3132 08/09 see map 35 35 118 11.0 109 93 (90) Mi 3133 08/09 see sap 40 35 118 11.0 108 91 (90) Ml 3134 08/09 see sap 45 35 118 11.0 108 92 (90) Mi 3135 08/09 see map 52 35 118 11.0 107 91 (90) Ml 3136 08/09 see map 268 21 124 12.0 113 91 (90) Mi 3137 08/09 see map 267 21 124 12.0 112 90 (90) Ml 3138 08/09 see map 269 20 121 11.0 109 90 (90) lii 3139 08/09 see sap 270 21 124 13.0 112 90 (90) SC 3140 08/09 see sap 269 20 121 11.0 109 90 (90) Mi 3141 08/09 see sap 270 20 121 12.0 111 92 (90) SC 3142 08/09 see map 271 20 121 13.0 111 92 (90) Mi 3143 08/09 see sap 123 29 118 5.0 105 89 (85) NV 3144 08/09 see map 132 29 118 10.0 101 86 (85) Mi 3145 08/09 see map 140 29 118 5.0 109 92 (85) NV 3146 08/09 see map 89 29 118 15.0 108 92 (85) Ml 3147 08/09 see map 135 19 117 11.0 102 87 (85) NV 3148 08/10 see sap 152 19 117 11.0 109 93 (85) Mi 3149 08/10 see sap 145 19 117 12.0 109 93 (85) Mi 3150 08/10 see map 157 19 117 11.0 109 93 (85) Ml 3151 08/10 see map 143 19 117 9.0 107 92 (85) Mi Rstarka L.g.ndi c) (11) = Required Percent Compaction, R-** = Retested on Test *4 1 SC$and Cone, MJ4luclear, DC--Drive Cyl., OTOther I I I I I I I I I I I I I I I I I I I Project Name: Aviara Units A-E Project Number: 0431790070210 Client Nan : Aviara Land Associates TABLE 2 Page 1 3 Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Noisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3152 08/10 see sap 129 19 117 9.0 106 91 (85) Mi 3153 08/10 see sap 148 19 117 12.0 107 92 (85) Ml 3154 08/10 see sap 156 19 117 14.0 105 90 (85) Ml 3155 08/10 see sap 213 19 117 11.0 109 93 (90) Mi 3156 08/10 see sap 215 20 121 14.0 110 91 (90) SC 3157 08/10 see sap 217 9 122 13.0 112 92 (90) SC 3158 08/10 see sap 219 15 117 14.0 106 91 (90) SC 3159 08/10 see sap 221 9 122 9.0 111 91 (90) SC 3160 08/10 see sap 223 3 117 13.0 107 91 (90) SC 3161 08/10 see sap 223 3 117 13.0 108 92 (90) SC 3162 08/10 see map 134 29 118 14.0 107 91 (85) SC 3163 08/10 see sap 135 29 118 13.0 111 94 (85) Sc 3164 08/10 see sap 125 29 118 13.0 106 90 (85) SC 3165 08/10 see sap 126 29 118 17.0 109 93 (85) Sc 3166 08/10 see sap 137 16 116 14.0 110 95 (85) Sc 3167 08/10 see sap 138 29 118 16.0 108 91 (85) SC 3168 08/10 see sap 128 29 118 13.0 108 91 (85) Sc 3169 08/10 see sap 271 20 121 11.0 109 90 (90) MU 3170 08/10 see sap 272 20 121 12.0 108 90 (90) Mi 3171 08/10 see sap 273 20 121 12.0 110 90 (90) SC 3172 08/10 see sap 276 20 121 13.0 110 91 (90) Ml 3173 08/10 see sap 274 20 121 15.0 109 90 (90) Ml 3174 08/10 see sap 273 20 121 13.0 109 90 (90) Ml 3175 08/10 see sap 262 20 121 14.0 113 93 (90) SC 3176 08/10 see sap 264 20 121 13.0 110 91 (90) SC 3177 08/10 see sap 266 20 121 14.0 110 90 (90) MU 3178 08/10 see sap 267 20 121 13.0 108 90 (90) NV 3179 08/10 see sap 268 20 121 12.0 108 90 (90) Mi 3180 08/10 see sap 265 20 121 13.0 111 91 (90) SC 3181 08/10 see sap 269 20 121 12.0 109 90 (90) NV 3182 08/10 see sap 270 20 121 13.0 109 90 (90) Mi 3183 08/10 see map 269 19 117 13.0 106 91 (90) MU 3184 08/10 see map 271 20 121 12.0 109 90 (90) Mi 3185 08/10 see sap 273 20 121 13.0 111 92 (90) SC 3186 08/10 see sap 275 20 121 14.0 108 90 (90) Mi 3187 08/10 see sap 277 20 121 13.0 109 90 (90) Ml 3188 08/10 see sap 279 20 121 14.0 109 90 (90) SC 3189 08/10 see sap 275 19 117 13.0 107 92 (90) Ml 3190 08/10 see sap 36 35 118 11.0 109 92 (90) Mi 3191 08/10 see sap 38 35 118 9.0 108 92 (90) Ml Remarks Legend: (*1) = Required Percent Compaction, R-** = Retested on Test *41 SC--Sand Cone, NU-Nuclear, DCDrive Cyb, OT=Other I I I I I I I I 1 I I I I I I I I I 1 Project Name: Rviara Units A-E Project Number: 0431790070210 Client Na : Aviara Land Associates TABLE 2 Page * 4 Field Density Test Result, Elevation Curve No. Fill Fill Test Test Test or I Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3192 08/10 see map 36 35 118 10.0 110 93 (90) NV 3193 08/10 see sap 39 35 118 11.0 108 91 (90) NU 3194 08/10 see sap 37 35 118 11.0 108 92 (90) Mi 3195 08/10 see sap 37 35 118 11.0 108 91 (90) NV 31% 08/10 see sap 38 35 118 10.0 110 93 (90) Mi 3197 08110 see sap 40 35 118 9.0 105 89 (90) R-3199 SC 3198 08/10 see sap 40 35 118 14.0 96 82 (90) R-3200 SC 3199 08/10 see sap 40 35 118 11.0 107 91 (90) NV 3200 08/10 see sap 40 35 118 10.0 108 92 (90) Ml 3201 08/10 see sap 37 35 118 11.0 108 92 (90) NU 3202 08/10 see sap 38 35 118 11.0 107 91 (90) NV 3203 08/10 see sap 38 35 118 10.0 108 91 (90) MU 3204 08/10 see sap 42 35 118 7.0 104 88 (90) R-3205 Ml 3205 08/10 see sap 42 35 118 10.0 107 91 (90) Mi 3206 08/10 see sap 38 35 118 10.0 108 92 (90) Ml 3207 08/10 see sap 43 35 118 7.0 102 86 (90) R-3208 NV 3208 08/10 see sap 43 35 iia 11.0 109 93 (90) Mi 3209 08/10 see sap 33 35 118 7.0 102 86 (90) R-3253 NV 3210 08/10 see sap 36 35 118 8.0 102 87 (90) R-3254 NV 3211 08/10 see sap 114 9 122 13.0 111 91 (85) SC 3212 08/10 see sap 134 34 115 11.0 108 94 (85) SC 3213 08/10 see sap 113 9 122 8.0 111 91 (85) MU 3214 08/10 see sap 127 34 115 15.0 106 92 (85) Mi 3215 08/11 see sap 108 34 115 13.0 107 93 (85) NV 3216 08/11 see map 135 9 122 11.0 108 89 (85) Mi 3217 08/11 see sap 140 34 115 10.0 111 % (85) Mi 3218 08/11 see sap 135 9 122 12.0 108 89 (85) MI 3219 08/11 see map 129 34 115 14.0 106 92 (85) Ml 3220 08/11 see pap 104 34 115 14.0 107 93 (85) Mi 3221 08/11 see sap 108 9 122 11.0 108 89 (85) Ml 3222 08/11 see map 137 34 115 15.0 105 91 (90) SC 3223 08/11 see sap 131 19 117 12.0 105 90 (90) SC 3224 08/11 see sap 128 34 115 12.0 107 93 (90) SC 3225 08/11 see map 121 9 122 12.0 109 90 (90) SC 3226 08/11 see sap 144 19 117 10.0 107 92 (85) SC 3227 08/11 see sap 133 34 115 15.0 103 89 (85) SC 3228 08/11 see sap 141 9 122 12.0 108 88 (85) SC 3229 08/11 see map 280 19 117 13.0 108 92 (90) NV 3230 08/11 see sap 277 20 121 14.0 108 90 (90) SC 3231 08/11 see sap 282 20 121 11.0 109 90 (90) NV Remarks Ligund: () (1*) = Required Percent Compaction, R-t* = Retested on Test 1*, SC=Sand Cone, NU--Nuclear, DC--Drive Cyl., QTOther I Project Names Aviara Units A-E Project Number 0431790070210 Client Name i Aviara Land Associates TABLE 2 Page 4 5 I Field Density Test Results Elevation Curve No. Fill Fill I Test Number Test Date Test Location or Depth & Maxim Dry Density Moisture Content Dry Density Relative Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3232 08/11 see sap 279 20 121 12.0 111 91 (90) Mi I 3233 08/11 see sap 281 20 121 15.0 109 90 (90) SC 3234 08/11, see sap 283 19 117 11.0 106 92 (90) NV 3235 08/11 see sap 285 19 117 14.0 105 90 (90) NV I 3236 08/11 see sap 284 19 117 14.0 108 92 (90) SC 3237 08/11 see sap 286 20 121 14.0 108 90 (90) Mi I 3238 08/11 see sap 285 19 117 13.0 107 92 (90) Mi 3239 08/11 see sap 281 19 117 13.0 108 92 (90) Ml 3240 08/11 see sap 288 20 121 11.0 108 90 (90) Mi I 3241 08/11 see sap 292 20 121 14.0 108 90 (90) SC 3242 08/11 see sap 294 20 121 15.0 109 90 (90) NV I 3243 3244 08/11 08/11 see sap see sap 273 275 20 20 121 121 12.0 13.0 109 110 90 91 (90) (90) Ml Ml 3245 08/11 see sap 280 20 121 15.0 109 90 (90) SC 3246 08/11 see sap 287 20 121 16.0 109 90 (90) Mi I 3247 08/14 see sap 290 20 121 11.0 111 92 (90) Ml 3248 08/14 see sap 278 21 124 12.0 115 93 (90) Ml • 3249 08/14 see sap 283 21 124 12.0 114 92 (90) Ml 3250 08/14 see sap 237 19 117 14.0 106 91 (90) SC 3251 08/14 see sap 283 19 117 13.0 106 91 (90) Mi I 3252 08/14 see sap 285 19 117 110 107 91 (90) Ml - 3253 08/11 see sap 38 33 115 12.0 104 91 (90) Ml 3254 08/11 see sap 38 33 115 13.0 104 90 (90) Ml 3255 08/11 see sap 39 33 115 12.0 104 91 (90) Ml • 3256 08/11 see sap 41 33 115 12.0 104 91 (90) NV • 3257 08/11 see sap 40 33 115 12.0 104 91 (90) NV 3258 08/11 see sap 40 33 115 13.0 105 91 (90) Mi 3259 08/11 see sap 42 33 115 13.0 106 92 (90) Ml 3260 08/11 see sap 43 33 115 12.0 104 91 (90) Ml 3261 08/11 see sap 44 33 115 12.0 105 92 (90) Ml 3262 08/11 see sap 45 33 115 12.0 105 91 (90) Mi 1 3263 08/14 see rap 121 24 115 9.0 105 91 (85) NV 3264 08/14 see sap 118 24 115 7.0 102 89 (85) NV 3265 08/14 see sap 138 24 115 12.0 106 92 (85) NV 3266 08/14 see sap 143 20 121 9.0 108 90 (85) Ml 3267 08/14 see nap 157 20 121 12.0 116 96 (85) NV 3268 08/14 see sap 129 20 121 13.0 116 96 (85) NV 3269 08/14 see sap 128 20 121 13.0 115 95 (85) Mi U 3270 08/14 see sap 122 10 115 11.0 106 92 (85) NV 3271 08/14 see sap 130 10 115 12.0 100 87 (85) Mi I Remarks Legundi _ (0 (*4) = Required Percent Compaction, R-** = Retested on Test 4*, SC--Sand Cone, MJ=Nuclear, DCDrive Cyl., OT=Other I Project Name: Aviara Units A-E Project Number: 0431790070210 Client Name : Aviara Land Associates TABLE 2 Page * 6 I Field Density Test Results Elevation Curve No. Fill Fill I Test Number Test Date Test Location or Depth 4 Maximum Dry Density Moisture Content Dry Density Relative Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3272 08/14 see map 120 10 115 10.0 106 92 Mi (85) I 3273 08/14 see map 125 20 121 8.0 110 91 (85) NU 3274 08/14 see map 141 20 121 9.0 109 90 (85) Mi • 3275 08/14 see map 137 20 121 9.0 113 93 (85) NV 3276 08/14 see map 141 10 115 110 108 94 (85) Mi 3277 3278 08/14 08/14 see map see map 2% 285 19 19 117 117 13.0 13.0 108 106 92 91 (90) (90) NV Mi 3279 08/14 see map 292 19 117 11.0 108 92 (90) Ml 3280 08/14 see map 293 19 117 13.0 108 92 (90) SC 3281 08/14 see map 297 19 117 13.0 107 91 (90) NV 3282 08/14 see map 295 19 117 12.0 107 92 (90) NV 3283 08/14 see map 288 20 121 12.0 110 91 (90) NV I 3284 08/14 see map 18 15 117 10.0 108 92 (90) Mi 3285 08/14 see map 19 15 117 10.0 110 94 (90) Ml 3286 08/14 see map 19 15 117 10.0 108 92 (90) Mi I 3287 08/14 see map 19 15 117 10.0 108 92 (90) MU 3288 08/14 see map 19 15 117 10.0 108 93 (90) P11 3289 08/14 see map 23 15 117 11.0 109 93 (90) MV I 3290 08/14 see map 20 15 117 11.0 109 94 (90) Ml 3291 08/15 see map 121 24 115 13.0 103 90 (85) Mi 1 3292 08/15 see map 118 6 115 9.0 105 91 (85) SC - 3293 08/15 see map 123 24 115 12.0 103 90 (85) SC 3294 08/15 see map 139 24 115 12.0 102 89 (85) Mi I 3295 08/15 see map 117 24 115 9.0 102 89 (85) Ml 3296 08/15 see map 122 6 115 9.0 106 92 (85) Ml 3297 08/15 see map 124 24 115 12.0 105 91 (85) NV I 3298 08/15 see map 125 6 115 12.0 104 91 (85) Mi 3299 08/15 see map 127 24 115 12.0 101 88 (85) SC 3300 3301 08/15 08/15 see map see map 132 126 24 24 115 115 14.0 14.0 100 103 87 89 (85) (85) SC Ml 3302 08/15 see map 119 6 115 13.0 107 93 (85) SC I 3303 08/15 see map 122 24 115 11.0 104 91 (85) SC 1 3304 08/15 see map 124 24 115 13.0 104 90 (85) NU 3305 08/15 see map 132 6 115 14.0 103 90 (85) SC 3306 08/15 see map 131 24 115 9.0 101 88 (85) Ml 3307 08/15 see map 130 24 115 13.0 101 88 (85) SC 3308 08/15 see map 137 6 115 15.0 104 91 (85) SC I 3309 08/15 see map 152 24 115 14.0 102 89 (85) Mi 3310 08/15 see map 159 6 115 11.0 103 90 (85) NU 3311 08/15 see map 154 24 115 13.0 103 89 (85) Mi I Remarks Leamnd, 0 (*1) = Required Percent Compaction, R-** = Retested on Test *1, SC--Sand Cone, MJNuclear, DC--Drive Cyl., OTOther Project Name: Pviara Units A-E Project Number: 0431790070210 Client Nan : Rviara Land associates TABLE 2 Page * 7 Field Density Test Results Elevation Curve No. Fill Fill I Test Test Test or & Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) I 3312 08/15 see sap 70 29 118 7.0 101 86 (85) Mi 3313 08/15 see sap 80 29 118 8.0 104 88 (85) Ml 3314 08/15 see sap 60 29 118 7.0 102 86 (85) Mi I 3315 08/15 see sap 53 29 118 8.0 103 87 (85) Mi • 3316 08/I5 see sap 82 29 118 8.0 103 87 (85) Mi 3317 08/15 see lap 72 29 118 8.0 101 85 (85) Mi I 3318 08/15 see sap 77 29 118 8.0 101 86 (85) NU 3319 08/15 see sap 85 36 123 7.0 105 85 (85) MU 3320 08/15 see sap 78 36 123 7.0 105 85 (85) Mi 3321 08/15 see sap 74 36 123 6.0 105 85 (85) Ml 3322 08/15 see sap 87 29 118 7.0 103 Be (85) Ml • 3323 08/15 see sap 88 29 118 7.0 105 89 (85) Ml 3324 08/15 see sap 76 29 118 7.0 104 88 (85) Ml 3325 08/15 see sap 52 36 123 6.0 106 86 (85) Ml 3326 08/15 see sap 79 29 118 10.0 101 86 (85) SC I 3327 08/15 see sap 88 29 118 7.0 102 87 (85) SC 3328 08/15 see sap 69 29 118 5.0 102 87 (85) Sc 3329 08/15 see sap 90 29 118 7.0 102 86 (85) SC 1 3330 08/15 see sap 80 29 118 8.0 102 86 (85) SC 3331 08/15 see sap 86 29 118 7.0 102 86 (85) SC 3332 08/15 see sap 15 29 118 7.0 102 87 (85) Ml 3333 08/16 see map 143 24 115 14.0 104 91 (90) Mi 3334 08/16 see sap 142 16 116 13.0 106 91 (90) Ml I 3335 08/16 see sap 140 24 115 11.0 101 88 (85) Mi 3336 08/16 see sap 141 24 115 12.0 102 89 (85) Ml 3337 08/16 see sap 145 15 117 14.0 106 91 (90) Ml 1 3338 08/16 see sap 145 15 117 14.0 106 91 (90) Ml 3339 08/16 see map 147 15 117 13.0 107 91 (90) Mi • 3340 08/16 see sap 139 24 115 10.0 100 87 (85) Ml 3341 08/16 see sap 142 24 115 11.0 102 88 (85) MU 3342 08/16 see sap 147 15 117 14.0 108 92 (90) Ml ' 3343 08/16 see rap 148 15 117 13.0 107 91 (90) Ml 3344 08/16 see sap 149 15 117 13.0 108 92 (90) Ml 3345 08/16 see sap 149 15 117 13.0 109 93 (90) Mi I 3346 08/16 see sap 150 15 117 13.0 107 92 (90) Ml 3347 08/16 see sap 151 20 121 13.0 108 90 (90) MU I 3348 08/16 see rap 153 20 121 13.0 109 90 (90) Ml 3349 08/16 see sap 144 24 115 5.0 94 81 (85) R-3350 Ml 3350 08/16 see sap 144 24 115 10.0 101 88 (85) MU 3351 08/16 see sap 145 24 115 13.0 102 89 (85) MU Resarks Legend: n10 (4*) = Required Percent Cospaction, R-** = Retested on Test 1*, SC--Sand Cone, MJNuclear, DC --Drive Cyl., QTOther I Project Man: Aviara Units A-S Project Number: 0431790070210 Client Name : Aviara Land Associates TABLE 2 Page * 8 I Field Density Test Results Elevation Curve No. Fill Fill I Test Number Test Date Test Location or Depth & Maximum Dry Density Moisture Content Dry Density Relative Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) • 3352 08/16 see sap 141 24 115 11.0 100 87 (85) ND • 3353 08/16 see sap 118 24 115 12.0 103 89 (85) Mi 3354 08/16 see sap 89 29 118 9.0 102 86 (85) Ml 3355 08/16 see sap 92 29 118 14.0 103 87 (85) Ml I 3356 08/16 see sap 91 36 123 7.0 110 90 (85) ND 3357 3358 08/16 08/16 see sap see sap 92 81 29 36 118 123 7.0 7.0 107 111 90 90 (85) (85) Mi ND 3359 08/16 see sap 91 29 118 9.0 102 86 (85) Mi 3360 08/16 see sap 83 29 118 8.0 101 86 (85) Mi 3361 08/16 see sap 21 29 118 10.0 109 93 (90) Mi 3362 08/16 see sap 22 29 118 10.0 110 93 (90) Mi • 3363 08/16 see sap 22 29 118 10.0 110 94 (90) Ml 3364 08/16 see sap 27 29 118 9.0 109 92 (90) Ml 3365 08/16 see sap 35 29 118 10.0 110 93 (90) NU 3366 08/16 see sap 36 29 118 10.0 109 93 (90) Sc I 3367 08/16 see sap 37 29 118 10.0 110 94 (90) Sc 3368 08/16 see sap 25 29 118 9.0 109 93 (90) Ml • 3369 08/16 see sap 27 29 118 9.0 110 93 (90) Ml • 3370 08/16 see sap 29 29 118 9.0 111 94 (90) Ml 3371 08/16 see sap 27 29 118 7.0 112 95 (90) Ml 3372 08/16 see cap 30 29 118 6.0 113 95 (90) ND 3373 08/16 see sap 38 29 118 7.0 111 94 (90) Ml 3374 08/16 see sap 39 29 118 7.0 112 95 (90) Ml I 3375 08/17 see sap 235 24 115 7.0 106 92 (90) ND • 3376 08/17 see sap 226 24 115 7.0 108 94 (90) Ml • 3377 08/17 see sap 148 24 115 13.0 103 90 (85) Ml 3378 08/17 see sap 150 24 115 10.0 102 89 (05) ND 3379 08/17 see sap 149 24 115 10.0 103 90 (85) Ml 3380 3381 08/17 08/17 see map see sap 246 226 20 24 121 115 11.0 13.0 111 104 91 91 (90) (90) Mi ND 3382 08/17 see sap 232 20 121 12.0 109 90 (90) Ml • 3383 08/17 see sap 239 15 117 15.0 105 90 (90) Ml I 3384 08/17 see sap 240 20 121 12.0 108 90 (90) Mi 3385 08/17 see sap 241 20 121 16.0 109 90 (90) Ml I 3386 08/17 see sap 126 24 115 15.0 103 90 (90) ND 3387 08/17 see sap 124 20 121 16.0 110 91 (90) Ml - 3388 08/17 see sap 140 20 121 15.0 108 90 (90) Mi I 3389 08/16 see rap 70 22 100 14.0 92 92 (90) ND • 3390 08/16 see sap 61 22 100 13.0 91 91 (90) Mi 3391 08/16 see sap 78 22 100 14.0 92 92 (90) Mi I R.sarks Lra.ndt (D (U) = Required Percent Compaction, R-l* = Retested on Test H, SC--Sand Core, MJNuclear, DCDrive Cyl., DTOther I Project Nam: Aviara Units R-E Project Nusber: 0431790070210 Client Name : Aviara Land Associates TABLE 2 Pap* 9 1 Field Density Test Results Elevation Curve No. Fill Fill I Test Number Test Date Test Location or Depth & Plaxisus Dry Density I4oisture Content Dry Density Relative Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3392 08/16 see sap 73 22 100 14.0 91 91 (90) Ml U 3393 08/17 see sap 29 29 118 9.0 107 91 (90) MU 3394 08/17 see sap 27 29 118 10.0 106 90 (90) Mi • 3395 08/17 see sap 30 29 118 10.0 108 92 (90) Ml 3396 08/17 see sap 31 29 118 10.0 108 92 (90) Mi 3397 3398 08/17 08/17 see sap see sap 30 30 29 29 118 118 10.0 9.0 107 107 91 91 (90) (90) Mi Mi 3399 08/17 see sap 32 29 118 10.0 108 92 (90) Ml 3400 08/17 see sap 33 29 118 17.0 102 87 (90) R-3402 SC 3401 08/17 see sap 35 29 118 16.0 95 80 (90) R-3403 SC 3402 08/17 see sap 33 29 118 13.0 109 92 (90) MU I 3403 3404 08/17 08/17 see sap see sap 35 35 29 29 118 118 13.0 13.0 109 109 92 92 (90) (90) Mi Mi 3405 08/17 see sap 36 29 118 13.0 108 91 (90) Mi 3406 08/17 see sap 32 29 118 12.0 107 91 (90) Ml 1 3407 08/17 see sap 40 36 123 8.0 111 91 (90) Mi 3408 08/17 see sap 40 36 123 8.0 114 92 (90) MI 3409 08/17 see sap 27 29 118 9.0 109 93 (90) MU 3410 08/17 see sap 42 29 118 10.0 109 92 (90) MU 3411 08/17 see sap 40 29 118 10.0 109 92 (90) Ml I 3412 08/17 see sap 37 29 118 10.0 108 91 (90) Ml - 3413 08/17 see sap 38 29 118 10.0 108 92 (90) Ml 3414 08/18 see sap 156 24 115 13.0 102 89 (85) Ml I 315 08/18 see sap 153 24 115 10.0 101 Be (85) Ml I 3416 08/18 see sap 241 19 117 12.0 107 92 (90) Mi 3417 08/18 see sap 243 24 115 14.0 103 90 (90) Mi I 3418 08/18 see sap 236 24 115 19.0 104 91 (90) Mi 3419 08/18 see sap 238 20 121 21.0 101 83 (90) R-3420 NU I 3420 3421 08/18 08/18 see sap see sap 238 301 24 20 115 121 16.0 13.0 104 110 90 91 (90) (90) Ml MU 3422 08/18 see sap 296 20 121 11.0 109 90 (90) NU I 3423 08/18 see sap 303 20 121 12.0 108 90 (90) P01 I 3424 08/18 see sap 306 20 121 12.0 110 91 (90) Ml 3425 08/18 see sap 289 20 121 13.0 108 90 (90) Ml 3426 08/18 see sap 33 29 118 14.0 107 91 (90) SC 3427 08/18 see sap 39 29 118 13.0 107 91 (90) SC 3428 08/18 see sap 39 29 118 11.0 106 90 (90) Ml 3429 08/18 see sap 34 29 118 12.0 107 91 (90) MU R 3430 08/18 see sap 41 29 118 12.0 107 91 (90) MU 3431 08/18 see sap 39 29 118 11.0 107 91 (90) Ml I Remarks _ Legend: (1*) = Required Percent Compaction, R-** z Retested on Test *0, SC--Sand Cone, NU-Nuclear, DCDrive Cyl., OTOther I Project Name: Aviara Units A-E Project Nusber: 0431790070210 Client Name : Aviara Land Associates TABLE 2 Page 1 10 I Field Density Test Results Elevation Curve No. Fill Fill I Test Test Test or & Maximus Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) I 3432 08/18 see sap 37 29 118 11.0 107 91 (90) MU 3433 08118 see sap 44 29 118 13.0 107 91 (90) SC 3434 08/18 see sap 30 29 118 13.0 107 91 (90) SC I 3435 08/18 see sap 44 29 118 13.0 107 91 (90) MU 3436 08/18 see sap 45 29 118 12.0 107 91 (90) Ml 3437 08/18 see sap 52 29 118 13.0 107 91 (90) Mi 3438 NU 3439 see map 42 29 118 13.0 108 92 (90) 3439 08/18 see sap 49 29 118 13.0 108 92 (90) MU 3440 08/18 see sap 41 29 118 13.0 107 91 (90) SC 3441 08/18 see sap 39 29 118 12.0 108 91 (90) SC 3442 08/18 see sap 36 29 118 13.0 107 91 (90) Mi I 13.0 108 92 (90) MU 3444 08/18 see sap 39 29 118 12.0 108 92 (90) Ml 3445 08/18 see sap 35 29 118 12.0 101 91 (90) MU I 3446 08/18 see sap 40 29 118 13.0 108 92 (90) Ml 3447 08121 see sap 294 20 121 12.0 111 92 (90) MU 3448 08/21 see sap 296 20 121 11.0 109 90 (90) Mi • 3449 08/21 see sap 307 19 117 16.0 107 91 (90) NV 3450 08/21 see sap 298 19 117 20.0 106 91 (90) Ml 3451 08121 see sap 309 19 117 17.0 106 91 (90) Ml I 3452 08/21 see sap 311 19 117 14.0 107 91 (90) Mi 3453 08121 see sap 298 6 115 15.0 104 90 (90) Ml 3454 08/21 see sap 313 6 115 14.0 104 90 (90) Mi I 3459 08121 see sap 315 19 117 17.0 107 91 (90) Mi 3456 08/21 see sap 317 19 117 15.0 107 92 (90) Mi I 3457 08/21 see sap 243 20 121 13.0 108 90 (90) Ml 3458 08/21 see sap 245 20 121 12.0 109 90 (90) NV 3459 08/21 see sap 239 15 117 15.0 107 91 (90) MU 3460 08/21 see sap 237 15 117 14.0 108 92 (90) Ml 3461 08/21 see sap 243 20 121 13.0 108 90 (90) Ml 3462 08/21 see sap 245 20 121 13.0 109 90 (90) Ml I 3463 08/21 see sap 240 20 121 12.0 109 90 (90) Mi • 3464 08/21 see sap 43 20 121 19.0 99 82 (90) R-3486 SC 3465 08121 see sap 39 20 121 15.0 103 85 (90) R-3467 SC i 3466 08/21 see sap 43 20 121 12.0 111 92 (90) MU 3467 08/21 see sap 39 20 121 12.0 111 92 (90) MU 3468 08/21 see sap 37 29 118 12.0 107 91 (90) Ml 1 3469 08/21 see sap 34 29 118 13.0 107 91 (90) Ml R 3470 08121 see sap 39 29 118 13.0 109 92 (90) Ml 3471 08121 see sap 41 29 118 13.0 109 93 (90) Ml I _ Remarks Leamndi () (U) = Required Percent Compaction, R-*1 = Retested on Test 1*, SC--Sand Cone, NLNuclear, DC--Drive Cyl., OT=Other Project Nam: Rviara Units h-E Project Number: 0431790070210 Client Nam Pviara Land Associates TABLE 2 Page 1 11 I Field Density Tent Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative I Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) -i72 F8/21 see cap 41 29 118 13.0 109 92 NU (90) 3473 08/21 see cap 37 1 29 118 13.0 109 92 (90) Mi 3474 08/21 see cap 32 29 118 12.0 110 94 (90) Mi 3475 08/21 see cap 38 29 118 13.0 107 91 (90) Mi I 3476 08/21 see cap 37 29 118 13.0 107 91 (90) Ml - I 3477 3478 08/21 08/21 see cap see cap 43 39 29 29 118 118 13.0 13.0 109 108 92 92 (90) (90) Mi SC 3479 08/21 see cap 41 29 118 12.0 108 92 (90) SC 3480 08/21 see cap 43 20 121 12.0 108 90 (90) NO 3481 08/21 see cap 40 20 121 13.0 109 90 (90) Ml 3482 08/21 see cap 38 20 121 13.0 110 91 (90) Ml • 3483 08/21 see cap 37 20 121 13.0 111 91 (90) NU 3484 08/21 see cap 38 20 121 13.0 110 91 (90) NO 3485 08/21 see cap 35 29 118 11.0 107 91 (90) SC 3486 see cap 44 29 118 12.0 108 91 (90) SC I 08/21 3487 08/21 see cap 46 29 118 12.0 109 93 (90) Ml 3488 08/21 see cap 47 29 118 12.0 110 93 (90) Mi 1 3489 08/21 see cap 46 31 111 13.0 101 91 (90) Mi 3490 08/21 see cap 46 31 111 13.0 103 93 (90) Ml 3491 08/21 see cap 48 31 111 12.0 102 92 (90) NU I 3492 08121 see cap 112 24 115 17.0 92 80 (90) R-3923 Mi 3493 08/21 see cap 129 24 115 18.0 92 80 (90) R-3564 Ml 3494 08/21 see map 125 24 115 18.0 90 79 (90) R-3565 Mi I 3495 08/21 see cap 123 24 115 12.0 100 87 (90) R-3566 Ml 3496 08/21 see cap 120 24 115 13.0 96 83 (90) R-3567 Mi • 3497 08/21 see cap 112 24 115 15.0 94 82 (90) R-3568 SC 3498 08/21 see map 109 24 115 14.0 95 83 (90) R-3569 SC 3499 08/22 see cap 44 31 111 10.0 104 93 (90) Mi 3500 08/22 see cap 41 31 111 11.0 103 93 (90) Ml 3501 08/22 see cap 39 31 111 10.0 106 95 (90) Ml 3502 08/22 see cap 40 29 118 10.0 108 91 (90) NU I 3503 08/22 see cap 45 29 118 14.0 110 93 (90) NO 1 3504 08/22 see cap 44 29 118 14.0 111 94 (90) SC 3505 08/22 see cap 43 29 118 13.0 108 92 (90) SC I 3506 08/22 see rap 39 29 118 12.0 108 92 (90) SC 3507 08/22 see cap 43 29 118 12.0 108 92 (90) SC 3508 08/22 see cap 41 29 118 11.0 107 91 (90) Ml 1 3509 08/22 see cap 43 29 118 11.0 107 91 (90) NO U 3510 08/22 see cap 45 29 118 11.0 107 91 (90) NO 3511 08/22 see cap 43 31 111 13.0 104 94 (90) Ml DT=Other 10 Risarks Lecind: (*1) = Required Percent Compaction, R-** = Retested on Test *1, SC-Sand Cone, NU-Nuclear, DC--Drive Cyl., I Project Names (viara Units -E Project Number: 0431790070210 Client Mase : Aviara Land associates TRBLE 2 Page 4 12 I Field Density Test Results Elevation Curve No. Fill Fill I Test Test Test or L Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) I 3512 08122 see sap 45 31 111 14.0 104 94 (90) MU 3513 08/22 see sap 44 29 118 12.0 108 92 (90) SC 3514 08/22 see sap 44 29 118 11.0 109 93 (90) SC I 3515 08/22 see sap 43 29 118 11.0 108 91 (90) Mi 3516 08/22 see sap 47 29 118 11.0 107 91 (90) Mi I 3517 08/22 see sap 48 29 118 11.0 108 91 (90) Ml 3518 08/22 see sap 43 29 118 11.0 107 91 (90) Mi 3519 08/22 see sap 43 29 118 11.0 107 91 (90) MU 3520 08/22 see sap 244 20 121 16.0 109 90 (90) Mi 3521 08/22 see sap 244 20 121 17.0 109 90 (90) MU 3522 08/22 see sap 245 20 121 12.0 112 92 (90) Ml I 3523 08/22 see sap 245 20 121 11.0 112 93 (90) NU 3524 08/22 see sap 246 20 121 13.0 109 90 (90) Sc 3525 08/22 see sap 247 20 121 10.0 111 92 (90) Ml I 3528 08/22 see sap 247 20 121 13.0 112 92 (90) SC 3527 08/22 see sap 110 20 121 12.0 111 91 (90) MU 3528 08/22 see sap 107 20 121 12.0 110 91 (90) Mi 1 3529 08/22 see sap 106 20 121 13.0 110 91 (90) MU 1 3530 08/22 see sap 24 115 16.0 104 90 (90) Ml 3531 08/22 see sap 24 115 15.0 103 90 (90) Ml 1 3532 08/23 see sap 45 7 118 12.0 108 91 (90) SC - 3533 08/23 see sap 48 7 118 12.0 109 93 (90) MU 3534 08/23 see sap 47 7 118 12.0 108 92 (90) NV 3535 08/23 see map 45 7 118 13.0 108 92 (90) MU • 3536 08/23 see sap 47 7 118 12.0 107 91 (90) Mi 1 3531 08/23 see sap 45 7 118 12.0 108 92 (90) Ml I 3538 08/23 see sap 42 7 118 13.0 108 91 (90) MU 3539 08/23 see sap 43 29 118 12.0 106 90 (90) Ml • 3540 08/23 see sap 47 29 118 12.0 107 91 (90) MU 3541 08/23 see sap 49 29 118 12.0 107 90 (90) MU 3542 08/23 see map 46 7 118 12.0 108 92 (90) Ml 1 3543 08/23 see map 48 29 118 12.0 107 91 (90) MU U 3544 08/23 see sap 49 29 118 12.0 107 91 (90) MU 3545 08/23 see sap 51 29 118 12.0 108 91 (90) NV 3546 08/23 see sap 29 29 118 11.0 107 91 (90) Mi 3547 08/23 see sap 31 7 118 12.0 109 93 (90) MU 3548 08/23 see sap 31 7 118 12.0 108 92 (90) MU I 3549 08/23 see sap 33 7 118 12.0 108 92 (90) Ml • 3550 08/23 see sap 32 29 118 12.0 108 92 (90) Ml 3551 08/23 see sap 50 29 118 12.0 108 91 (90) Mi Remarks Legundi (*4) = Required Percent Compaction, R-fl = Retested on Test *1, SC--Sand Cone, MiNuclear, DC=Drive Cyl., OT=Other Project Name: Aviara Units A-E Project Number: 0431790070210 Client Name : Aviara Land Associates TABLE 2 Page* 13 I Field Density Test Results Elevation Curve No. Fill Fill I Te5t Test Test or & maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) I 3552 08/23 see sap 52 29 118 12.0 108 92 (90) Mi 3553 08/23 see sap 297 20 121 12.0 111 92 (90) Mi 3554 08/23 see sap 287 20 121 12.0 110 91 (90) Mi I 3555 08123 see sap 295 20 121 10.0 113 93 (90) Ml 3556 08/23 see sap 298 20 121 12.0 111 92 (90) SC I 3557 08/23 see sap 103 20 121 14.0 110 90 (90) Mi 3558 08/23 see sap 104 20 121 12.0 109 90 (90) Mi - 3559 08/23 see sap 106 20 121 14.0 109 90 (90) SC 3560 08/23 see sap 105 19 117 13.0 106 91 (90) Ml I 3561 08/23 see sap 108 19 117 12.0 106 91 (90) Mi 3562 08123 see sap 106 19 117 12.0 106 90 (90) Mi 3563 08/23 see sap 109 20 121 13.0 109 90 (90) Mi 3564 08/23 see sap 129 24 115 110 97 84 (90) R-3917 Ml 3565 08/23 see sap 125 24 115 15.0 98 85 (90) R-3918 Mi I ,Y,6 08/23 see sap 123 24 115 14.0 83 (90) R-3919 Mi 3567 08/23 see sap 120 24 115 13.0 99 86 (90) R-3920 Ml 3568 08/23 see sap 112 24 115 13.0 100 87 (90) R-3921 Mi I 3569 08/23 see sap 109 24 115 13.0 100 87 (90) R-3922 Ml 3570 08/24 see map 170 20 121 13.0 111 91 (90) Mi 3571 08/24 see sap 172 15 117 12.0 107 92 (90) Ml 1 3572 08/24 see sap 172 15 117 15.0 106 91 (90) Ml - 3573 08/24 see sap 174 20 121 12.0 109 90 (90) NU 3574 08/24 see sap 163 19 117 15.0 104 89 (85) Mi 1 3575 08/24 see sap 154 19 117 17.0 101 87 (85) NU a 3576 08/24 see sap 164 20 121 15.0 109 90 (85) NJ I 3577 08/24 see sap 155 15 117 18.0 103 88 (85) Ml 1 3578 08/24 see sap 151 20 121 14.0 107 88 (85) Ml 3579 08/24 see sap 166 15 117 13.0 105 90 (85) Mi - 3580 08/24 see sap 156 15 117 110 103 88 (85) Mi 3581 08/24 see sap 172 20 121 13.0 109 90 (90) Mi 3582 08/24 see sap 176 20 121 16.0 109 90 (90) Mi I 3583 08/24 see sap 174 20 121 15.0 109 90 (90) Ml 1 3584 08/24 see sap 165 20 121 12.0 103 85 (85) Ml 3585 08/24 see sap 169 20 121 12.0 104 86 (85) Mi 3586 08/24 see sap 153 20 121 12.0 104 86 (85) Ml 3587 08124 see sap 150 20 121 12.0 105 86 (85) Mi 3588 08/24 see sap 34 29 118 12.0 108 92 (90) Ml • 3589 08/24 see sap 37 29 118 12.0 108 92 (90) Mi - 3590 08/24 see sap 39 29 118 12.0 108 92 (90) Mi 3591 08/24 see sap 43 29 118 12.0 107 91 (90) SC I _ Resarks Lea.nth 30 = Required Percent Compaction, R-1* = Retested on Test H, SC--Sand Cone, MJNuclear, DC--Drive Cyl., QTDther I Project Nasex iviara Units A-E Project Number: 0431790070210 Client Name : flviara Land Associates TABLE 2 Page 1 14 I Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative I Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 2 08/24 41 29 118 12.0 108 - 92 (90) SC see sap U 3593 08/24 see sap 44 29 118 11.0 108 92 (90) Mi 3594 08/24 see sap 46 29 118 11.0 108 91 (90) Ml 3595 08/24 see sap 47 29 118 10.0 108 91 (90) MU I 3596 08/24 see sap 46 29 118 11.0 109 92 (90) Mi I 3597 3598 08124 08/25 see sap see sap 47 156 29 20 118 121 11.0 13.0 108 106 91 88 (90) (85) Mi MU 3599 08/25 see sap 167 20 121 12.0 106 88 (85) Mi 3600 08/25 see sap 154 20 121 14.0 105 87 (85) Mi 3601 08/25 see sap 157 20 121 14.0 107 Be (85) Mi 3602 08/25 see sap 158 20 121 15.0 104 86 (85) Ml 3603 08/25 see sap 159 20 121 16.0 103 85 (85) Mi I 3604 08/25 see sap 168 20 121 15.0 105 87 (85) Ml 3605 08/25 see sap 42 35 118 8.0 102 86 (85) MI 3606 08/25 see sap 37 35 118 8.0 101 86 (85) Ml I 3607 08/25 see sap 39 35 118 9.0 101 86 (85) MU 3608 08/25 see sap 46 29 118 9.0 101 86 (85) Mi 3609 08125 see sap 47 35 118 8.0 102 86 (85) Ml 1 3610 08/25 see sap 39 35 118 8.0 101 86 (85) MU 3611 08/25 see sap 41 35 118 8.0 101 86 (85) Mi $ 3612 08/25 see sap 47 35 118 10.0 101 86 (85) Ml 3613 08/25 see sap 55 35 118 10.0 101 86 (85) MU 3614 08/25 see sap 48 36 123 9.0 105 85 (85) Ml I 3615 08125 see sap 50 36 123 10.0 105 85 (85) Mi 3616 08/25 see sap 60 29 118 10.0 107 91 (85) Ml • 3617 08/25 see sap 62 29 118 8.0 107 91 (85) Mi 3618 08/25 see sap 56 29 118 9.0 108 92 (85) Ml 3619 08/28 see sap 164 27 124 8.0 110 88 (85) Mi 3620 3621 08/28 08128 see sap see sap 171 167 27 27 124 124 10.0 12.0 113 114 91 92 (85) (85) MU Sc 3622 08/28 see sap 171 27 124 11.0 111 89 (85) Ml 3623 08/28 see sap 160 I 27 124 10.0 116 93 (85) SC 3624 08/28 see sap 162 27 124 9.0 109 Be (85) Ml 3625 08/28 see sap 177 27 124 8.0 116 93 (85) Mi I 3626 08128 see sap 179 20 121 9.0 107 88 (85) Ml 3627 08/28 see sap 173 20 121 12.0 109 90 (85) NU - 3628 08/28 see sap 172 20 121 10.0 108 89 (85) Mi I 3629 08128 see sap 183 32 113 16.0 103 91 (90) NU • 3630 08/28 see sap 160 32 113 17.0 102 90 (90) Mi 3631 08/28 see sap 181 32 113 16.0 102 90 (90) Ml I I snmwA v (1*) = Required Percent Compaction, R-## = Retested on Test #4, SC--Sand Cone, MJNuclear, DC--Drive Cyl., OT=Other I I I I I I 1 I I I I I I 1 I I I I I Project Nam: Aviara Units -E Project Number: 0431790070210 Client Nam : Aviara Land Associates TABLE 2 Page * 15 Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pef) (percent) (pcf) (percent) (see legend) 3632 08/28 see sap 150 32 113 16.0 102 91 (90) MU 3633 03/26 see sap 138 23 114 12.0 100 88 (90) R-3851 SC 3634 08/26 see sap 137 24 115 16.0 103 90 (90) SC 3635 08/26 see sap 133 24 115 14.0 102 89 (90) R-3638 SC 3636 08/26 see sap 125 24 115 15.0 99 86 (90) R-3639 SC 3637 08/26 see sap 135 23 114 14.0 99 87 (90) R-3852 SC 3638 08/26 see sap 133 23 114 15.0 106 93 (90) SC 3639 08/26 see sap 125 23 114 17.0 105 92 (90) SC 3640 08/28 see sap 229 19 117 17.0 105 90 (90) Ml 3641 08128 see sap 216 20 121 15.0 108 90 (90) Mi 3642 08/28 see sap 227 20 121 15,0 109 90 (90) MU 3643 08/28 see sap 217 19 117 13.0 102 87 (90) R-3647 Mi 3644 08/28 see sap 200 19 117 13.0 106 90 (90) MU 3645 08/28 see sap 195 19 117 13.0 107 91 (90) Ml 3646 08/28 see sap 190 19 117 16.0 106 90 (90) Mi 3647 08/28 see sap 217 19 117 12.0 106 91 (90) MU 3648 08/28 see sap 184 32 113 12.0 102 91 (90) MU 3649 08/29 see sap 157 27 124 10.0 110 89 (85) MU 3650 08/29 see sap 154 27 124 11.0 112 90 (90) Ml 3651 08/29 see sap 179 27 124 9.0 112 90 (90) Ml 3652 08/29 see sap 171 20 121 10.0 107 88 (85) Mi 3653 08/29 see sap 175 20 121 11.0 111 91 (90) Ml 3654 08/29 see sap 177 27 124 9.0 117 94 (90) MU 3655 08/29 see sap 181 27 124 13.0 113 91 (90) Mi 3656 08/29 see sap 173 20 121 16.0 109 90 (90) Mi 3657 08/29 see sap 181 20 121 11.0 109 90 (90) MU 3658 08/29 see sap 183 20 121 10.0 112 93 (90) NU 3659 08/29 see sap 161 20 121 12.0 112 92 (90) Ml 3660 08130 see sap 63 29 118 11.0 102 86 (85) Sc 3661 08130 see sap 49 29 118 11.0 102 86 (85) SC 3662 08/30 see sap 58 29 118 10.0 102 87 (85) Ml 3663 08/30 see map 43 35 118 10.0 102 86 (85) Mi 3664 08/30 see sap 48 29 118 10.0 101 86 (85) Ml 3665 08/30 see sap 64 29 118 9.0 102 86 (85) MU 3666 08/30 see sap 50 29 118 9.0 102 86 (85) MU 3667 08/30 see sap 51 29 118 10.0 107 91 (90) SC 3668 08/30 see sap 64 29 118 11.0 107 91 (90) Mi 3669 08/30 see sap 48 29 118 11.0 108 92 (90) Mi 3670 08131 see sap 185 20 121 13.0 105 86 (85) Mi 3671 08/31 see sap 183 20 121 10.0 107 88 (85) SC Rusarks Legend: 0 (It) = Required Percent Compaction, R-** = Retested on Test **, SCSand Cone, NUNuclear, D(>Drive Cyl., OT=Dther I I I I I .1 I I I I I I I I I I I I I Project Mace: Aviara Units A-E Project Number: 0431790070210 Client Mace Aviara Land Associates TABLE 2 Page * 16 Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maxim= Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3672 08/31 see cap 175 20 121 13.0 103 85 (85) Mi 3673 08/31 see cap 186 20 121 12.0 107 39 (85) Mi 3674 08/31 see cap 183 20 121 9.0 111 92 (85) SC 3675 08/31 see cap 180 20 121 11.0 105 87 (85) MU 3676 08/31 see cap 167 20 121 15.0 102 05 (85) Mi 3677 08/31 see sap 188 20 121 11.0 105 87 (85) SC 3678 08/31 see cap 170 20 121 12.0 105 87 (85) Mi 3679 08/31 see cap 174 20 121 10.0 106 88 (85) SC 3880 08/31 see cap 189 20 121 9.0 103 85 (85) MU 3681 08/31 see cap 165 20 121 10.0 103 85 (85) SC (U) = Required Percent Compaction, R-** = Retested on Test U, SCSand Core, MNuclear, DCDrive Cyl., OTOther I I I 1 I I I I I I I I I I I I I I I Project Name: iviara Units A-E Project Number: 0431790070210 Client Name : flviara Land Associates TABLE 2 Page # I Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or I Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3682 08/31 see map 163 20 121 12.3 106 88 (85) NJ 3683 08/31 see sp 163 20 121 14.4 107 89 (85) Sc 3684 08/31 see map 65 29 118 11.0 107 91 (90) SC 3685 08/31 see map 67 29 118 11.2 107 91 (90) SC 3886 08/31 see map 68 29 118 11.0 107 91 (90) NV 3687 08/31 see map 70 29 118 11.1 108 92 (90) NJ 3688 08/31 see sap 71 29 118 11.4 108 92 (90) NJ 3689 08/31 see map 72 29 118 11.0 107 91 (90) Mi 3690 08/31 see sap 73 29 118 10.8 107 91 (90) MU 3691 08/31 see sap 74 29 118 11.1 107 91 (90) SC 3692 08/31 see map 74 29 118 10.7 107 91 (90) SC 3693 08131 see map 75 29 118 9.9 108 92 (90) Mi 3694 09/01 see sap 155 20 121 10.1 102 85 (85) Mi 3695 09/01 see map 147 20 121 8.5 103 85 (85) NV 3696 09/01 see map 144 20 121 12.0 104 87 (85) NJ 3697 09/01 see map 138 20 121 9.4 103 86 (85) Mi 3698 09/01 see map 146 20 121 10.7 103 85 (85) Mi 3699 09/05 see map 150 20 121 10.3 104 86 (85) SC 3700 09/05 see sap 140 20 121 10.7 104 87 (85) Sc 3701 09/05 see map 132 20 121 12.0 105 87 (85) SC 3702 09/05 see map 123 20 121 11.8 104 86 (85) SC 3703 09/05 see map 151 20 121 7.4 104 86 (85) SC 3704 09/05 see map 158 20 121 12.6 105 87 (85) SC 3705 09/05 see sap 163 20 121 11.9 104 86 (85) SC 3706 09105 see map 185 20 121 11.1 106 88 (85) MU 3707 09/05 see map 187 20 121 7.5 104 87 (85) Ml 3708 09/05 see map 186 20 121 8.2 105 Be (85) Mi 3709 09/05 see map 188 19 117 9.5 100 86 (85) MU 3710 09/05 see sap 174 20 121 12.6 106 88 (85) Mi 3711 09/05 see map 178 20 121 12.6 106 88 (85) NV 3712 09/05 see map 178 20 121 8.6 107 89 (85) Mi 3713 09/05 see rap 178 20 121 16.7 108 90 (90) Sc 3714 09/05 see map 176 20 121 15.7 108 90 (90) NV 3715 09/05 see map 172 20 121 16.3 108 90 (90) Ml 3716 09/05 see map 185 20 121 15.9 108 90 (90) MU 3717 09/05 see map 173 20 121 15.2 109 90 (90) NV 3718 09/05 see map 176 20 121 14.8 110 91 (90) MU 3719 09/05 see map 190 20 121 10.5 110 91 (90) NV 3720 Remarks 09/05 Legends see map 76 29 118 10.7 107 91 (90) SC (1*) = Required Percent Compaction, R-** = Retested on Test H, SC--Sand Cone, MJ=Nuclear, DC--Drive Cyl., OT=Other I I I I I I I I I I I I I I I I I I I Project Naisi Aviara Units A-E Project Number: 0431790070210 Client Nan : Rviara Land Associates TABLE 2 Page * 2 Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3721 09/05 see sap 81 29 118 11.4 108 92 (90) Sc 3722 09/05 see sap 83 15 117 11.0 106 91 (90) MU 3723 09/05 see sap 85 15 117 10.9 106 91 (90) Ml 3724 09/05 see sap 88 15 117 11.4 106 91 (90) MU 3725 09/05 see sap 87 15 117 11.3 106 91 (90) Mi 3726 09/05 see sap 92 29 118 10.8 108 92 (90) MU 3727 09/05 see sap 100 29 118 11.1 107 91 (90) Sc 3728 09/05 see sap 107 29 118 10.9 107 91 (90) Sc 3729 09/05 see sap 91 29 118 11.0 106 91 (90) Mi 3730 09/05 see sap 94 29 118 10.8 107 91 (90) Mi 3731 09/05 see sap 95 15 117 10.9 106 91 (90) Mi 3732 09/06 see sap 128 20 121 10.0 108 90 (85) MU 3733 09/06 see sap 124 20 121 8.1 111 92 (85) SC 3734 09/06 see sap 117 20 121 6.9 109 90 (85) MU 3735 09/06 see sap 128 20 121 11.8 106 88 (85) Ml 3736 09/06 see sap 138 20 121 9.0 102 85 (85) SC 3737 09/06 see sap 145 20 121 9.7 105 87 (85) MU 3738 09/06 see sap 142 20 121 10.7 107 89 (85) Sc 3739 09/06 see sap 193 20 121 9.1 109 91 (85) Ml 3740 09/06 see sap 195 20 121 8.0 106 88 (85) Sc 3741 09/06 see sap 198 20 121 10.5 104 87 (85) SC 3742 09/06 see sap 167 20 121 9.8 109 90 (85) MU 3743 09/06 see sap 170 20 121 12.6 107 88 (85) Ml 3744 09/06 see sap 176 20 121 10.5 102 85 (85) Ml 3745 09/06 see sap 180 20 121 11.1 106 88 (85) SC 3746 09/06 see sap 189 20 121 8.9 109 91 (85) SC 3747 09/06 see sap 191 20 121 6.7 104 86 (85) Ml 3748 09/06 see sap 194 20 121 10.4 105 88 (85) Sc 3749 09/06 see map 193 20 121 11.1 106 88 (85) Ml 3750 09/06 see sap 189 20 121 6.5 108 90 (85) Sc 3751 09/06 see sap 190 20 121 12.1 105 87 (85) Ml 3752 09/06 see sap 197 20 121 11.7 103 85 (85) SC 3753 09/06 see sap 104 29 118 10.9 107 91 (90) SC 3754 09/06 see sap % 29 118 11.5 107 91 (90) SC 3755 09/06 see sap 109 29 118 11.2 106 91 (90) Mi 3756 09/06 see sap % 29 118 11.4 108 92 (90) Mi 3757 09/06 see sap 108 29 118 11.2 107 91 (90) Ml 3758 09/06 see sap 101 29 118 11.0 107 91 (90) MU 3759 09/06 see sap 99 29 118 11.4 107 91 (90) MU 3760 09/06 see sap 100 29 118 11.0 108 92 (90) Sc Remarks Lsa.nd, (H) = Required Percent Compaction, R-** = Retested on Test H, SC--Sand Cone, NtJ4uclear, DC=Drive Cyl., OT=Other Project Name: Aviara Units A-E Project Number: 0431790070210 Client Nam : Aviara Land Associates TABLE 2 Page * 3 I Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative I Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3761 09/06 see sap 101 29 118 11.5 107 91 (90) SC 1 3762 09106 see sap 105 29 118 11.1 107 91 (90) Mi 3763 09/06 see sap 101 29 118 11.6 107 91 (90) MU 3764 09/06 see sap 110 29 118 11.2 107 91 (90) Nil I 3765 09/06 see sap 105 29 118 11.0 107 91 (90) Nil - I 3766 3767 09/06 09/06 see sap see sap 107 86 29 20 118 121 11.1 10.5 107 109 91 91 (90) (90) MU ML) - 3768 09/06 see map 84 20 121 9.1 107 89 (85) MU 3769 09/06 see sap 88 20 121 9.7 106 88 (85) Mi 3770 09/06 see sap 90 20 121 13.7 103 86 (85) Nil 3771 09/06 see sap 78 20 121 9.3 106 88 (85) Mi - 3772 3773 09/06 09/06 see sap see sap 80 85 20 20 121 121 10.6 8.0 108 104 90 86 (90) (85) Nil Mi 3774 09/06 see sap 57 20 121 14.6 109 90 (90) MU 3775 09/06 see sap 48 20 121 17.9 105 87 (85) Mi I 3776 09/06 see sap 53 20 121 11.5 108 90 (90) MU 3777 09/06 see sap 50 20 121 10.8 108 90 (90) Mi 3778 09/06 see sap 54 36 123 8.6 113 92 (90) Ml I 3779 09/06 see sap 55 19 117 12.0 105 90 (90) Nil 3780 09/06 see sap 53 20 121 13.5 107 89 (85) MU 1 3781 09/07 see sap 72 19 117 11.9 105 91 (90) Mi - 3782 09/07 see sap 67 20 121 12.1 109 90 (90) Ml 3783 09/07 see sap 68 36 123 6.9 113 92 (90) Mi I 3784 09/07 see sap 70 20 121 15.1 109 91 (90) NU I 3785 09/07 see sap 74 19 117 12.3 105 90 (90) Ml 3786 09/07 see sap 72 20 121 10.8 109 90 (90) Ml I 3787 09/07 see sap 68 20 121 10.3 108 90 (90) MU 3788 09/07 see sap 70 20 121 14.8 109 90 (90) Mi I 3789 3790 09/07 09/07 see sap see sap 74 70 20 20 121 121 15.3 13.3 106 103 88 86 (85) (85) Mi Mi 3791 09/07 see sap 78 20 121 16.2 106 88 (85) Ml I 3792 09/07 see sap 56 20 121 15.0 103 86 (85) NU 3793 09/07 see sap 75 20 121 14.8 106 88 (85) MU 3794 09/07 see sap 68 20 121 12.9 109 90 (90) NU I 3795 09/07 see map 76 19 117 14.9 103 88 (85) MU 3796 09/07 see map 66 21 124 11.1 113 92 (90) Mi 3797 09/07 see sap 64 19 117 12.6 104 89 (85) MU I 3788 09/07 see sap 63 20 121 7.7 109 91 (90) Mi 3799 09/07 see sap 65 20 121 9.3 107 89 (85) NU 3800 09/07 see sap 62 20 121 8.9 109 91 (90) MU Reearks .easnd: (H) = Required Percent Compaction, R-** = Retested on Test H, SC--Sand Cone, Ml=Nuclear, DC=Drive Cyl., OT=Other I I I I I I I I I I I 1 I I I I I I I Test Test Test. Number Date Location 1989 3801 09/07 see nap 3802 09/07 see nap 3803 09/07 see nap 3804 09/07 see nap 3805 09/07 see nap 3806 09/07 see nap 3807 09/07 see nap 3808 09/07 see nap 3809 09/07 see nap 3810 09/07 see nap 3811 09/07 see nap 3812 09/07 see nap 3813 09/07 see nap 3814 09/07 see nap 3815 09/07 see nap 3816 09/07 see nap 3817 09/07 see nap 3818 09/07 see nap 3819 09/07 see nap 3820 09/07 see nap 3821 09/07 see nap 3822 09/07 see nap 3823 09/07 see nap 3824 09/07 see nap 3825 09/07 see nap 3826 09/07 see nap 3827 09/07 see nap 3828 09/07 see nap 3829 09/07 see nap 3830 09/08 see nap 3831 09/08 see nap 3832 09/08 see sap 3833 09/08 see map 3834 09/08 see nap 3835 09/08 see nap 3836 09/08 see nap 3837 09/08 see nap 3838 09/08 see nap 3839 09/08 see nap 3840 09/08 see nap Project Name: Rviara Units fl-E Client Nam : (viara Land Associates Project Number: 0431790070210 TABLE Page# 4 Field Density Test Results Elevation Curve No. Fill Fill or maximum Moisture Dry Relative Depth Dry Density Content Density Compaction Remarks (feet) (pcf) (percent) (pef) (percent) (see legend) 68 20 121 10.7 108 90 MI (90) 44 29 118 11.1 107 91 (90) SC 40 29 118 11.0 107 91 (90) Sc 40 29 118 10.6 107 91 (90) Mi 42 29 118 10.7 108 92 (90) MU 39 29 118 11.0 109 93 (90) MU 41 29 118 10.8 108 92 (90) Mi 40 29 118 10.6 107 91 (90) Mi 42 29 118 11.1 107 91 (90) MU 44 29 118 11.0 106 91 (90) MU 44 29 118 10.7 107 91 (90) NU 46 29 118 11.0 107 91 (90) Ml 47 29 118 11.4 107 91 (90) MU 46 29 118 10.4 106 91 (90) Ml 45 29 118 10.7 107 91 (90) Mi 184 20 121 11.1 112 93 (85) SC 204 20 121 8.6 103 86 (85) P11 200 20 121 7.9 107 88 (85) SC 198 20 121 7.0 103 86 (85) MU 208 20 121 9.3 105 87 (85) SC 203 20 121 15.3 106 88 (85) Mi 187 20 121 12.0 111 92 (85) SC 209 20 121 8.5 104 86 (85) Sc 214 20 121 8.5 103 85 (85) Ml 195 20 121 16.2 104 86 (85) SC 158 20 121 6.5 103 86 (85) Mi 180 20 121 15.1 106 Be (85) SC 190 20 121 7.1 105 87 (85) Ml 210 20 121 12.0 103 86 (85) SC 61 20 121 9.8 109 90 (85) MU 58 20 121 11.0 108 90 (85) MU 52 20 121 10.9 106 88 (85) MU 50 20 121 11.7 106 88 (85) Ml 102 20 121 8.0 106 88 (85) Ml 104 20 121 12.0 105 87 (85) MU 103 20 121 10.8 108 89 (85) NU 105 20 121 9.8 102 85 (85) Mi 107 20 121 8.5 103 86 (85) Ml 96 20 121 11.1 103 85 (85) Ml 100 20 121 10.9 106 88 (85) MU F AR -% 12 Resarki Linth (1*) = Required Percent Compaction, R-ø = Retested on Test 0, SC --Sand Cone, MJNuclear, DC--Drive Cyl., OT=Other Project Name: Aviara Units R-E Project Number: 0431790070210 ' Client Name : Aviara Land Associates TALE 2 Page * S I Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximus Moisture Dry Relative Number Date Location I Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) ' 3841 09/08 see sap 93 20 121 15.9 103 85 (85) Ml 3842 09/08 see sap 98 20 121 15.5 103 86 (85) NV 3843 09/08 see sap 95 20 121 9.4 105 88 (85) Mi 3844 09/08 seesap 48 29 118 11.0 107 91 (90) Ml I 3845 09/08 see sap 50 29 118 10.7 107 91 (90) P11 3846 09/08 see sap 101 29 118 10.8 107 91 (90) NV 1 3847 09/08 see sap 106 29 118 10.8 108 92 (90) Ml -I 3848 09/08 see sap 104 20 121 13.4 111 92 (90) Mi 3849 09/08 see sap 232 20 121 13.0 110 91 (90) Mi 3850 09/08 see sap 234 20 121 14.1 111 92 (90) Ml 3851 09/08 see sap 138 23 114 10.1 103 91 (90) Mi 3852 09/08 see sap 135 23 114 10.1 104 91 (90) Ml I 3853 09/08 see sap 139 23 114 10.1 103 91 (90) NV 3854 09/08 see sap 130 6 115 13.0 104 91 (90) NV 3855 09/08 see sap 141 6 115 13.7 103 90 (90) Mi 09/08 see sap 140 6 115 14.8 104 90 (90) Mi 3857 09/08 see sap 127 6 115 11.2 104 91 (90) Ml 3858 3859 09/08 09/08 see sap see sap 140 135 23 23 114 114 12.3 17.4 102 102 90 90 (90) (90) Mi NV 3860 09/08 see sap 123 6 115 13.1 103 90 (90) P11 I 3861 09/08 see sap 161 20 121 8.9 104 86 (85) NU 3862 09/08 see sap 141 20 121 10,3 105 88 (85) Ml 3863 09/08 see sap 143 19 117 11.6 107 92 (85) Ml 3864 09/08 see sap 153 19 117 9.3 108 93 (85) Mi I 3865 09/08 see sap 152 19 117 8.1 105 90 (85) NV 3866 3867 09/ 09/08 see sap see sap 144 164 20 19 121 117 7.3 11.0 102 102 85 88 (85) (85) Ml Ml 3868 09/11 see sap 249 20 121 12.1 109 90 (90) NV 3869 09/11 see map 251 20 121 11.9 109 91 (90) Ml 3870 09/11 see sap 253 20 121 13.0 110 91 (90) Ml 3871 09/11 see sap 248 20 121 12.7 109 91 (90) Ml 3872 09/11 see sap 253 20 121 12.3 108 90 (90) NV I 3873 09/11 see map 91 20 121 11.0 108 90 (90) Ml 3874 09/11 see sap 90 20 121 9.5 107 89 (85) NV 3875 09/11 see rap 102 20 121 10.2 106 88 (85) Ml I 3876 09/11 see map 93 20 121 13.0 108 89 (85) Ml 3877 09/11 see sap 95 20 121 12.1 109 90 (90) Mi I 3878 09/11 see sap 97 20 121 10.9 109 91 (90) NV 3879 09/11 see sap 92 20 121 8.8 107 89 (85) NV 3880 09/11 see sap 107 20 121 14.0 105 87 (85) NV Resarka Lepindi 0 (1*) = Required Percent Coapaction, P-ft = Retested on Test *t, SC--Sand Cone, MJNuclear, DC=Drive Cyl., OTOther I I I I I I I I I I I I I I I I I I I Project Mae: Avzara Units cF-E Project Number: 0431790070210 Client Nan : Rviara Land Associates TABLE 2 Page * 6 Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3881 09/11 see sap 106 20 121 13.1 106 88 (85) Mi 3882 09/11 see sap 108 20 121 8.1 108 89 (85) Mi 3883 09/11 see sap 94 20 121 9.1 109 90 (85) Mi 3884 09/11 see sap 103 20 121 13.2 106 88 (85) Mi 3885 09/11 see sap 105 29 118 12.7 106 90 (90) Mi 3886 09/11 see sap 108 29 118 15.9 106 90 (90) Mi 3887 09/11 see sap 108 29 118 12.1 109 93 (90) Mi 3888 09/11 see sap 109 29 118 13.1 108 92 (90) Mi 3889 09/11 see sap 109 29 118 12.4 109 93 (90) Mi 3890 09/11 see sap 109 29 118 12.7 109 93 (90) Ml 3891 09/11 see sap 150 24 115 12.1 103 90 (90) Mi 3892 09/11 see sap 47 29 118 12.4 108 92 (90) MU 3893 09/11 see sap 45 29 118 13.1 109 93 (90) Mi 3894 09/11 see sap 47 29 118 13.0 107 91 (90) Ml 3895 09/11 see sap 49 29 118 12.6 108 92 (90) Ml 3896 09/12 see sap 133 29 118 11.0 104 88 (85) Ml 3897 09/12 see sap 134 37 119 9.0 108 91 (85) Ml 3896 09/12 see sap 136 20 121 9.3 106 88 (85) Ml 3899 09/12 see sap 140 29 118 10.1 104 89 (85) Mi 3900 09/12 see sap 152 37 119 8.7 108 91 (85) SC 3901 09/12 see sap 145 20 121 8.1 109 90 (85) SC 3902 09/12 see sap 138 29 118 10.3 104 88 (85) SC 3903 09/12 see sap 150 3 117 13.9 102 87 (85) MU 3904 09/12 see sap 144 37 119 10.5 106 89 (85) MU 3905 09/12 see sap 141 29 118 10.0 104 89 (85) MU 3906 09/12 see sap 135 29 118 8.5 107 91 (85) SC 3907 09/12 see sap 142 3 117 11.9 103 89 (85) SC 3908 09/12 see sap 151 37 119 10.5 107 90 (85) SC 3909 09/12 see sap 138 37 119 10.3 109 92 (85) SC 3910 09/12 see sap 138 16 116 8.8 107 92 (85) MU 3911 09/12 see sap 147 37 119 7.4 109 92 (85) Ml 3912 09/12 see sap 143 16 116 10.1 107 93 (85) NO 3913 09/12 see sap 136 16 116 7.1 108 94 (85) MU 3914 09/12 see sap 147 15 117 6.0 109 93 (85) SC 3915 09/12 see sap 138 16 116 8.0 107 93 (85) SC 3916 09/12 see sap 154 16 116 9.0 105 91 (85) SC 3917 09/12 see sap 125 24 115 15.7 108 94 (90) Ml 3918 09/12 see sap 123 24 115 16.9 103 90 (90) Ml 3919 09/12 see sap 129 24 115 14.2 110 96 (90) Mi 3920 09/12 see sap 112 24 115 17.0 106 93 (90) MU Remarks Legendi (*4) = Required Percent Compaction, R-** = Retested on Test *4, SC--Sand Cone, NIJNuclear, DC--Drive Cyl., OT=Other I I I I I I I I I I I I 1 I I I I I I Project Names Mara Units A-E Project Number: 0431790070210 Client Name : Deiara Land Associates TABLE 2 Page * 7 Field Density Tilt Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3921 09/12 see sap 109 24 115 14.2 103 90 (90) NU 3922 09/12 see sap 129 24 115 14.6 102 90 (90) Ml 3923 09/12 see sap 112 24 115 15.4 107 94 (90) Mi 3924 09/12 see sap 100 24 115 13.2 103 90 (90) Mi 3925 09/12 see sap 110 24 115 14.2 103 90 (90) MI 3926 09/12 see sap 146 6 115 13.0 104 91 (90) Ml 3927 09/12 see sap 152 6 115 12.5 104 91 (90) Ml 3928 09/12 see sap 97 29 118 11.0 107 91 (90) Ml 3929 09/13 see sap 150 15 117 8.5 105 90 (85) SC 3930 09/13 see sap 144 19 117 7.0 109 93 (85) SC 3931 09/13 see sap 156 9 122 8.6 108 89 (85) SC 3938 09/13 see sap 158 19 117 8.9 103 88 (85) SC 3933 09/13 see sap 158 15 117 7.5 102 87 (85) SC 3934 09/13 see sap 146 15 117 6.9 106 91 (85) SC 3935 09/13 see sap 148 19 117 9.5 105 90 (85) SC 3936 09/13 see sap 208 9 122 10.4 110 90 (85) SC 3937 09/13 see lap 210 19 117 11.7 108 93 (85) SC 3938 09/13 see sap 219 15 117 9.5 105 90 (85) SC 3939 09/13 see up 209 15 117 10.3 101 87 (85) SC 3940 09/13 see sap 206 19 117 11.0 104 90 (85) SC 3941 09/13 see sap 204 15 117 9.0 103 88 (85) SC 3942 09/13 see sap 214 19 117 11.9 104 90 (85) SC 3943 09/13 see sap 88 22 100 9.1 96 97 (90) Mi 3944 09/13 see sap 89 24 115 9.8 105 91 (90) Ml 3945 09/13 see map 90 24 115 10.5 105 91 (90) Mi 3946 09/13 see sap 91 24 115 10.8 105 92 (90) Mi 3947 09/13 see sap 94 19 117 12.9 107 92 (90) Mi 3948 09/13 see sap 100 20 121 11.2 109 90 (90) W 3949 09/13 see sap 97 20 121 9.4 110 91 (90) Mi 3950 09/14 see sap 43 20 121 10.4 109 90 (90) Ml 3951 09/14 see sap 44 20 121 11.0 110 91 (90) SC 3952 09/14 see sap 40 20 121 11.0 108 90 (90) Mi 3953 09/14 see sap 40 20 121 11.6 109 90 (90) Mi 3954 09/14 see sap 46 20 121 11.4 109 90 (90) Mi 3955 09/14 see sap 42 20 121 11.5 109 90 (90) Mi 3956 09/14 see sap 42 20 121 13.1 108 90 (90) Ml 3957 09/14 see sap 44 20 121 12.3 107 89 (90) R-3958 SC 3958 09/14 see sap 44 20 121 12.0 108 90 (90) SC 3959 09/14 see sap 44 20 121 13.4 109 90 (90) Mi 3960 09/14 see sap 45 20 121 14.0 109 90 (90) Mi i.arks Legend: (0 (1*) = Required Percent Compaction, R-#* = Retested on Test **, SC--Sand Cone, MlNuclear, DC--Drive Cyl., OTOther Project Nape; Aviara Units A-E Project Nusber: 0431790070210 Client Name z Aviara Land Associates TABLE 2 Page* 8 Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximo Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 3961 09/14 20 121 116 108 90 (90) Mi see sap 47 3962 09/14 see sap 50 20 121 13.7 109 90 (90) Ml 3963 09/14 see sap 42 20 121 13.8 109 90 (90) Ml 3964 09/15 see sap 45 20 121 11.1 108 90 (90) Be 3965 09/15 see sap 39 20 121 11.8 108 90 (90) SC 3966 09/15 see sap 54 20 121 11.9 109 90 (90) Mi 3967 09/15 see sap 57 20 121 11.8 109 90 (90) Ml 3968 09/15 see sap 43 20 121 12.4 109 90 (90) Mi 3969 09/15 see sap 41 20 121 12.0 108 90 (90) Mi 3970 09/15 see sap 43 20 121 11.9 109 90 (90) Ml 3971 09/15 see sap 46 20 121 11.5 109 90 (90) SC 3972 09/15 see sap 48 20 121 12.2 108 90 (90) Sc 3973 09/15 see sap 56 20 121 11.3 109 90 (90) Mi 3974 09/15 see sap 47 20 121 11.4 109 91 (90) Ml 3975 09/15 see sap 49 20 121 11.8 108 90 (90) Ml 3976 09/15 see sap 54 20 121 11.6 109 90 (90) Ml 3977 09/15 see sap 59 20 121 11.5 109 90 (90) Ml 3978 09/15 see sap 260 20 121 13.1 108 90 (85) Ml 3979 09/15 see sap 261 20 121 8.8 106 88 (85) Ml 3980 09/15 see sap 264 20 121 9.0 105 87 (85) Ml 3981 09/15 see sap 262 20 121 9.2 110 91 (85) Ml 3982 09/15 see sap 250 20 121 8.9 107 89 (85) Ml 3983 09/15 see sap 253 20 121 11.5 108 90 (85) NV 3984 09/15 see sap 256 20 121 139 108 89 (85) NV 3985 09/15 see sap 264 20 121 11.0 107 89 (85) SC 3986 09/15 see sap 258 20 121 7.9 105 87 (85) NV 3987 09/15 see sap 263 20 121 8.4 109 91 (85) SC 3988 09/15 see sap 265 20 121 12.6 107 89 (85) Mi 3989 09/15 see sap 265 20 121 7.8 102 85 (85) Mi 3990 09/15 see sap 267 20 121 13.1 105 87 (85) Mi 3991 09/15 see sap 260 20 121 8.3 111 92 (85) Mi 3992 09/18 see sap 51 20 121 12.1 108 90 (90) Mi 3993 09/18 see map 56 20 121 11.6 108 90 (90) Ml 3994 09/18 see sap 51 20 121 11.7 109 90 (90) NV 3995 09/18 see sap 53 20 121 12.2 109 90 (90) Ml 39% 09/18 see pap 53 20 121 12.5 109 90 (90) Mi 3997 09/18 see sap 56 20 121 11.9 108 90 (90) NV 3998 09/18 see sap 58 20 121 11.7 109 90 (90) Ml 3999 09/18 see sap 59 20 121 12.1 109 90 (90) Mi 4000 09/18 see sap 61 20 121 11.6 109 91 (90) NV Rourke - (3) (1*) = Required Percent Compaction, R-** = Retested on Test *1, SCSand Cone, MlNuclear, DC--Drive CyL, OTOther I I I I I I I I I I I I I I I I I I I Project Names Aviara (Mite R-E Project Number: 0431790070210 I Client Name : Aviara Land Associates TABLE 2 Page * 9 I Field Density Test Result. Elevation Curve No. Fill Fill Test Test Test or & Maximus Moisture Dry Relative Number Date Location I Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 4001 09/18 see sap 62 20 121 11.8 109 90 (90) Mi I 4002 09/18 see sap 62 20 121 11.8 108 90 (90) NU 4003 09/18 see sap 49 20 121 11.6 108 90 (90) Mi 4004 4005 09/18 09/18 see sap see sap 49 51 20 121 20 121 11.9 11.9 109 109 90 90 (90) (90) Mi Mi 4006 09/18 see sap 270 20 121 9.6 105 87 (85) SC I 4007 09/18 see sap 273 20 121 13.0 102 85 (85) Mi 4008 09/18 see sap 275 20 121 7.3 110 91 (85) SC 4009 09/18 see sap 268 20 121 8.4 108 89 (85) Mi 4010 09/18 see sap 270 20 121 9.2 106 88 (85) NV 4011 09/18 see up 276 20 121 10.0 106 88 (85) SC I 4012 RuuirksLigindi 09/18 see sap 277 20 121 12.1 103 85 (85) Sc (H) = Required Percent Compaction, R-H = Retested on Test 0, SC$and Cone, MJNuclear, DC--Drive Cyl., OTOther I I I I I I I 'I I I (0 L1 I I I I I I I I I I I I I I I I I I I Project Name., Aviara Units A-E Project Number: 0431790070210 Client Name : Aviara Land Associates TABLE 2 Page * 1 Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pef) (percent) (pcf) (percent) (see legend) 4013 09/18 see sap 168 20 121 10.1 - 108 90 (90) NV 4014 09/18 see sap 168 20 121 17.6 108 90 (90) Ml 4015 09/18 see sap 182 20 121 14.9 108 89 (90) Mi 4016 09/18 see sap 188 20 121 13.3 107 89 (90) Mi 4017 09/18 see sap 188 20 121 12.6 108 90 (90) Mi 4018 09/18 see sap 196 20 121 11.9 108 90 (90) Ml 4019 09/18 see sap 207 20 121 10.4 108 90 (90) Ml 4020 09/18 see sap 274 20 121 9.0 106 88 (85) SC 4021 09/18 see sap 277 20 121 7.5 102 85 (85) SC 4022 09/18 see sap 280 20 121 10.5 109 90 (85) Ml 4023 09/18 see sap 279 20 121 11.1 108 90 (85) Ml 4024 09/18 see sap 264 20 121 16.4 107 89 (85) NV 4025 09/18 see sap 282 20 121 8.5 102 85 (85) NV 4026 09/18 see sap 263 20 121 10.9 104 86 (85) Sc 4027 09/19 see sap 280 20 121 7.5 102 85 (85) SC 4028 09/19 see sap 285 20 121 12.9 103 86 (85) Sc 4029 09/19 see sap 288 20 121 10.7 102 85 (85) NV 4030 09/19 see sap 287 20 121 8.4 102 85 (85) MI 4031 09/19 see sap 291 20 121 9.0 105 87 (85) SC 4032 09/19 see sap 295 20 121 11.3 106 88 (85) Ml 4033 09/19 see sap 298 20 121 10.8 104 86 (85) SC 4034 09120 see sap 298 20 121 11.4 105 87 (85) NU 4035 09/20 see sap 301 20 121 10.7 109 90 (85) Ml 4036 09/20 see sap 272 20 121 8.3 106 88 (85) SC 4037 09/20 see sap 270 20 121 9.1 111 92 (85) Mi 4038 09/20 see sap 275 20 121 6.7 110 92 (85) Sc 4039 09/20 see sap 233 20 121 11.5 105 87 (85) NV 4040 09/20 see map 236 20 121 7.4 103 86 (85) SC 4041 09/20 see sap 238 20 121 8.5 104 86 (85) SC 4042 09/20 see sap 255 20 121 13.0 106 88 (85) NU 4043 09/20 see sap 240 20 121 9.6 104 86 (85) SC 4044 09/20 see sap 244 20 121 10.6 108 90 (85) NU 4045 09/20 see sap 220 20 121 8.8 102 85 (85) NU 4046 09/20 see sap 220 20 121 11.8 106 88 (85) NV 4047 09/20 see sap 245 20 121 12.6 108 90 (85) NU 4048 09/20 see sap 91 24 115 15.1 104 91 (90) Mi 4049 09/20 see sap 185 23 115 15.1 103 90 (90) NU 4050 09/20 see sap 188 23 115 15.6 104 91 (90) Mi 4051 09/20 see sap 51 29 118 11.9 107 91 (90) Mi isarki Legindi (#1) = Required Percent Compaction, R-## = Retested on Test **, SC-Sand Cone, MJNuclear, DC-Drive Cyl., 01-Other I Project Nam: Aviara Units A-E Project Number: 0431790070210 Client Nam : Aviara Land Associates TABLE 2 Page * 2 I Field Density Tilt Results Elevation Curve No. Fill Fill Test Test Test or & maximum Moisture Dry Relative I Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 4052 09/20 see sap 52 20 121 11.8 109 90 (90) Mi 4053 09/20 see sap 53 29 118 11.5 107 91 (90) MU 4054 09/20 see sap 92 20 121 0.0 109 90 (90) Ml 4055 09/20 see sap 93 20 121 0.0 109 90 (90) Mi 4056 09/21 see sap 53 29 118 11.9 107 91 (90) Mi 4051 09/21 see map 54 29 118 11.9 107 91 (90) Mi 4058 09/21 see sap 56 20 121 11.8 108 90 (90) Mi 4059 09/21 see sap 56 20 121 12.2 109 90 (90) Mi 4060 09/21 see sap 55 20 121 12.1 109 90 (90) MU i 4061 09/21 see sap 51 20 121 11.9 108 89 (90) Mi 4062 09/21 see sap 56 20 121 11.8 108 89 (90) Ml 4063 09/21 see sap 93 20 121 12.6 108 90 (90) MU I 4064 09/21 see sap 94 20 121 12.5 108 90 (90) Mi 4065 09/21 see sap 95 20 121 12.3 108 90 (90) Mi 4066 09/21 see sap 165 29 118 11.4 107 91 (90) Mi 4067 09/21 see sap 172 29 118 11.2 107 91 (90) Ml 4068 09/22 see sap 162 29 118 11.4 106 91 (90) Ml 4069 I 09/22 see sap 177 29 118 11.2 107 91 (90) Ml 4070 NJ09/22 see sap 164 29 118 11.4 107 91 (90) 4071 09/22 see sap 167 29 118 11.2 106 91 (90) MU 1 4072 09/22 see sap 175 29 118 11.5 107 91 (90) P11 1 4073 09/25 see sap 98 20 121 11.8 109 90 (90) Mi 4074 09/25 see sap 101 19 117 10.6 106 91 (90) Mi I 4075 09/25 seesap 281 20 120 12.6 109 91 (90) Mi 4076 09/25 see sap 282 20 121 13.8 112 93 (90) MU 4077 09/25 see sap 281 20 121 13.0 108 90 (90) MU 4078 09/25 see sap 282 20 121 13.1 108 89 (90) P11 - 4079 09/25 see sap 280 20 121 11.2 109 90 (90) Mi 4080 09/25 see sap 215 20 121 11.9 108 90 (90) Mi 4081 09/25 see sap 217 20 121 11.8 108 90 (90) Ml 4082 09/25 see sap 218 20 121 12.2 109 90 (90) Ml • 4083 09/26 see sap 105 19 117 14.1 110 94 (90) Sc 4084 09126 see sap 108 19 117 14.7 109 94 (90) SC 4085 09/26 see sap 111 19 117 16.2 108 92 (90) Sc 4086 09/26 see sap 232 20 121 13.4 109 90 (90) Ml I 4087 09/26 see sap 230 20 121 13.6 109 91 (90) MU 4088 09/26 see sap 240 20 121 13.3 110 91 (90) Mi I 4089 09/26 see sap '235 20 121 13.1 109 91 (90) Ml 4090 09/28 see sap 170 20 121 12.2 110 91 (90) Mi 4091 09/28 see map 179 20 121 12.1 110 91 (90) Ml Remarks Leomndt (0 (*1) = Required Percent Compaction, R-** = Retested on Test at, SCSand Cone, Mi=Nuclear, DCDrive CyL, (uT=Other I Project Name: Aviara Units A-E Project Number: 0431790070210 Client Name : Rviara Land Associates TABLE 2 Page * 3 Field Density Test Results I Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative ' Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) • 4092 4093 09/28 09/28 see sap see sap 180 171 20 20 121 121 12.1 12.3 109 110 91 91 (90) (90) Mi Mi 4094 09/28 see sap 159 20 121 11.9 110 92 (90) NV 4095 09/28 see map 162 20 121 12.2 110 91 (90) NV 4096 09/28 see map 175 20 121 12.1 109 91 (90) MI 4097 09/28 see map 164 20 121 13.1 109 91 (90) P11 40% 09/28 see sap 178 20 121 13.0 109 91 (90) NV I 4099 09/28 see map 180 20 121 12.4 110 91 (90) NV 4100 09/28 see map 182 20 121 12.6 110 91 (90) Ml 09/28 see sap 184 20 121 12.4 109 91 (90) NV 1 4102 09/28 see map 166 20 121 13.1 109 91 (90) Ml 4103 09/28 see sap 168 20 121 13.0 110 91 (90) Ml 4104 09/28 see map 175 20 121 11.9 109 90 (90) Mi 1 4105 09/28 see sap 175 20 121 11.8 109 90 (90) Mi 4106 09/28 see map 188 20 121 12.4 108 90 (90) Ml I 4107 09/28 see sap 188 20 121 12.1 109 90 (90) NV 4108 09/28 see map 191 20 121 12.4 109 90 (90) MI 4109 09/28 see map 188 20 121 11.9 110 91 (90) Mi I 4110 09/28 see map 189 20 121 11.9 109 91 (90) Mi 4111 09/28 see sap 269 32 113 13.3 103 91 (90) Mi 1 4112 09/28 see map 260 32 113 12.9 101 90 (90) MU 4113 09/28 see map 275 20 121 10.1 108 90 (90) Mi 4114 09/28 see map 265 32 113 14.2 101 90 (90) Mi I 4115 4116 09/28 09/28 see map see map 279 270 32 32 113 113 13.2 13.3 102 102 91 91 (90) (90) NV P11 4117 09/28 see map 276 20 121 11.3 108 89 (90) Mi 1 4118 09/28 see map 248 20 121 15.1 103 85 (85) Mi • 4119 09/28 see map 254 20 121 14.0 102 84 (85) Mi 4120 09/28 see map 244 20 121 13.6 104 86 (85) Ml 4121 09/28 see map 249 20 121 14.8 103 86 (85) SC 4122 09/28 see map 240 20 121 12.4 104 86 (85) SC 4123 09/28 see map 231 20 121 11.5 107 89 (85) SC 4124 09/28 see map 230 20 121 9.0 109 91 (85) Mi 4125 09/28 see map 112 40 119 15.4 104 88 (90) 4126 Ml 4126 09/28 see map 112 40 119 16.5 106 90 (90) NV I 4127 09/28 see map 112 40 119 15.6 107 90 (90) Ml 4128 09128 see sap 113 40 119 14.5 107 91 (90) SC • 4129 09/28 see map 114 40 119 10.5 108 91 (90) SC 4130 09/28 see map 231 20 121 13.0 106 88 (85) Sc 4131 09/28 see map 233 20 121 9.5 109 91 (85) Sc I Rusarks Legend: (*1) = Required Percent Compaction, R-4* z Retested on Test *1, SC=Snd Cone, MJNuclear, DClDrive CyL, OTOther I (0 ft I Project Names Aviara Units A-E Project Numbers 0431790070210 Client Name x Rviara Land Associates Tf%BLE 2 Page 1 4 I Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative Number Date Location I Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 4132 09/29 see sap 183 20 121 12.6 110 91 (90) Mi I 4133 09/29 see sap 185 20 121 12.4 110 91 (90) Mi 4134 09/29 see sap 170 20 121 12.6 109 90 (90) Ml 4135 09/29 see sap 186 20 121 11.4 109 91 (90) Mi 4136 09/29 see sap 184 20 121 11.6 110 91 (90) MI 4137 09/29 see sap 172 20 121 11.4 110 91 (90) Ml I 4138 09/29 see sap 188 20 121 11.8 109 91 (90) Mi 4139 09/29 see sap 174 20 121 12.4 109 91 (90) Mi 4140 09/29 see sap 187 20 121 12.1 109 91 (90) P11 I 4141 09/29 see sap 190 20 121 11.8 110 91 (90) Mi 4142 09/29 see sap 114 40 119 11.3 107 90 (90) Ml 4143 09/29 see sap 115 40 119 10.8 108 91 (90) Mi I 4144 09/29 see sap 116 40 119 12.7 103 87 (90) 4146 Mi 4145 09/29 see sap 117 40 119 14.5 103 87 (90) 4147 Ml 4146 09/29 see sap 116 40 119 12.0 107 90 (90) SC 4147 09/29 see sap 117 40 119 10.5 108 91 (90) SC 4148 09129 see lap 120 40 119 8.0 107 90 (90) SC I 4149 4150 '29 09/29 see up see sap 120 118 40 40 119 119 13.2 15.1 109 107 92 90 (90) (90) Ml Mi 4151 09/29 see sap 119 40 119 13.7 107 90 (90) MU I 4152 09/29 see sap 203 20 121 14.5 102 85 (85) SC 4153 09/29 see sap 197 20 121 10.5 106 88 (85) SC 4154 09/29 see map 205 20 121 7.8 108 89 (85) SC 4155 09/29 see sap 208 20 120 8.1 106 89 (85) SC 4156 09/29 see sap 200 20 121 12.7 108 90 (85) Mi 4157 4158 09/29 09/29 see sap see sap 199 202 20 20 121 121 9.5 11.0 108 106 90 88 (85) (85) SC SC 4159 09/29 see sap 58 40 119 13.1 104 88 (90) R-4161 Mi 4160 09/29 see sap 59 40 119 11.5 103 87 (90) R-4162 SC 4161 09/29 see sap 58 40 119 13.4 107 90 (90) Ml 4162 09/29 see sap 59 40 119 12.5 107 90 (90) Sc • 4163 09/30 see sap 59 40 119 8.2 106 89 (90) R-4164 Nil 4164 09/30 see sap 59 40 119 10.1 109 92 (90) Ml 4165 09/30 see sap 58 40 119 10.4 108 91 (90) Ml 1166 09/30 ee sap 60 40 119 11.6 111 93 (90) Mi I 4167 09/30 see sap 59 40 119 12.7 108 91 (90) Ml 4168 09/30 see sap 61 40 119 11.4 108 91 (90) Mi 4169 09/30 see sap 60 40 119 11.9 108 91 (90) Ml 4170 09/30 see sap 128 40 119 12.4 110 93 (90) Mi 4171 09/30 see sap 129 40 119 12.0 109 92 (90) Ml I Risarki Ligundi _ (0 (U) = Required Percent Compaction, R-ft Retested on Test U, SCSand Cone, MJNlear, DCDrive Cyl., OT'Other I Project Nase: Aviara Units A-E Project Number: 0431790070210 I Client Nam : Aviara Land Associates TABLE 2 Page * 5 I Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & maximum Moisture Dry Relative Number Date Location I Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 4172 09/30 see sap 130 40 119 12.9 109 92 (90) NJ I 4173 09/30 see sap 121 40 119 110 107 90 (90) Mi 4174 09/30 see sap 122 40 119 15.0 108 91 (90) MI 4175 4176 09/30 09/30 see sap see sap 123 125 40 40 119 119 17.0 16.1 107 107 90 90 (90) (90) Mi Mi 4177 09/30 see sap 124 40 119 14.2 108 91 (90) Mi I 4178 09/30 see sap 127 40 119 13.7 107 91 (90) MI 4119 09/30 see sap 126 40 119 14.0 107 90 (90) NV 4180 09/30 see sap 127 40 119 14.7 107 90 (90) Mi 1 4181 09/30 see sap 128 40 119 15.1 107 90 (90) Mi 4182 09/30 see sap 128 40 119 14.8 107 90 (90) MI 4184 185 10/02 10/02 see sap see sap 195 202 20 20 121 121 13.1 12.8 111 110 92 91 (90) (90) SC SC 4186 10/02 see sap 194 20 121 13.6 109 91 (90) SC 4187 10/02 see sap 193 20 121 11.5 110 92 (90) SC 1 4188 10/02 see sap 192 20 121 14.1 108 90 (90) Ml 4189 10/02 see sap 195 39 115 13.5 104 91 (90) MI 4190 10/02 see sap 196 39 115 16.8 103 90 ON Mi I 4191 10/02 see sap 194 20 121 11.4 109 91 (90) SC 4192 10102 see sap 197 20 121 12.6 108 90 (90) Mi 4193 10/02 see sap 203 20 121 11.4 108 90 (90) SC 4194 10/02 see sap 193 20 121 13.8 109 91 (90) NV 4195 10/02 see sap 194 20 121 14.4 108 90 (90) Ml 41% 10/02 see sap 199 20 121 15.9 109 90 (90) Ml I 4197 10/02 see sap 198 20 121 11.8 109 91 (90) Ml 4198 10/02 see sap 130 40 119 19.8 101 86 (90) R-4200 NV I 4199 10/02 see sap 132 40 119 15.5 106 89 (90) R-4201 SC 4200 10/02 see sap 130 40 119 15.9 106 90 1901 SC 4201 10/02 see sap 132 40 119 15.5 107 90 (90) SC 4202 10/02 see sap 133 40 119 13.1 108 91 (90) SC 4203 10/02 see sap 133 20 121 17.8 102 85 (90) R-4204 SC 4204 10/02 see sap 133 20 121 12.9 108 90 (90) SC I 4205 10/03 see sap 133 20 121 13.7 108 90 (90) Mi 4206 10/03 see sap 138 20 121 11.6 109 90 (90) Mi 1 4207 10/03 see sap 136 20 121 12.9 108 90 (90) SC 4208 10/03 see sap 135 40 119 15.5 106 89 (90) R-4211 SC 4209 10/03 see sap 140 20 121 12.8 108 90 (90) SC 4210 10/03 see sap 143 20 121 11.0 108 90 (90) SC 1 4211 10/03 see sap 135 40 119 12.5 107 90 (90) Be 4212 10103 see sap 102 15 117 9.9 105 90 (90) SC Resarks Legindi (**) = Required Percent Compaction, R-** = Retested on Test *4, SC--Sand Cone, MlNuclear, DD--Drive Cyl., QT=Other I Project Names Aviara Units R-E Project Number: 0431790070210 Client Name : Aviara Land Associates TABLE 2 Page * 6 I Field Density Test Results Elevation Curve No. Fill Fill I Test Test Test or & Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pef) (percent) (pcf) (percent) (see legend) I 4213 10/03 see sap 102 15 117 10.2 103 Be (90) R-4216 SC 4214 10103 see sap 103 9 122 10.7 111 91 (90) Sc 4215 10/03 see sap 104 9 122 13.9 110 91 (90) Mi ' 4216 10/03 see sap 102 15 117 12.8 108 93 (90) Ml 4217 10/03 see sap 105 1 118 12.1 108 92 (90) SC 4218 10/03 see sap 107 9 122 12.2 109 90 (90) SC 4219 10/03 see sap 106 16 116 13.2 104 90 (90) SC 1 4220 10/03 see sap 109 16 116 19.4 104 90 (90) Sc 4221 10/03 see sap 111 9 122 12.9 109 90 (90) Ml I 4222 10/03 see sap 113 1 118 13.8 106 90 (90) SC 4223 10/03 see sap 115 1 118 11.2 106 91 (90) SC 4224 10103 see sap 117 1 118 14.9 106 90 (90) SC 420 I 10/03 see sap 109 9 122 11.9 112 92 (90) SC 4226 10/04 see sap 136 40 119 14.2 107 91 (90) Mi 4227 10/04 see sap 137 20 121 13.9 108 90 (90) Sc 4228 10/04 see sap 138 20 121 14.1 108 90 (90) Mi 4229 10/04 see sap 139 40 119 12.0 106 90 (90) SC I 4230 10/04 see sap 140 20 121 11.9 109 90 (90) SC 4231 10/04 see sap 141 40 119 12.7 106 90 (90) Ml 4232 10/04 see sap 142 40 119 11.8 107 90 (90) Mi ' 4233 10/04 see sap 101 15 117 14.5 105 90 (90) Sc 4234 10/04 see sap 85 23 115 17.1 104 91 (90) NU 4235 10/04 see sap 72 15 117 14.0 105 90 (90) Sc I 4236 10/04 see sap 64 16 116 13.7 105 91 (90) Mi 4237 10/04 see sap 57 15 117 10.0 106 91 (90) Mi 4238 10/04 see sap 93 23 115 13.9 104 91 (90) Ml ' 4239 10/04 see sap 53 16 116 11.5 105 91 (90) Sc 4240 10/04 see sap 56 15 117 18.1 105 90 (90) Mi 4241 10/04 see rap 74 1 118 14.5 107 91 (90) SC 4242 10/04 see sap 106 23 115 13.0 104 91 (90) SC 4243 10/04 see sap 54 16 116 16.1 105 91 (90) Mi • 4244 10/04 see rap 63 15 117 15.9 105 90 (90) Ml 4245 10/04 see sap 83 15 117 14.0 106 91 (90) SC 4246 10/04 see rap 87 23 115 13.5 104 91 (90) SC 4247 10/05 see rap 119 23 115 14.0 105 92 (90) SC 1 4248 10/05 see sap 115 7 118 11.0 107 91 (90) Ml 4249 10/05 see sap 121 23 115 13.7 106 93 (90) Ml 4250 10/05 see sap 118 7 118 11.2 106 90 (90) Mi 4251 10/05 see sap 120 29 118 12.7 106 90 (90) Ml 4252 10/05 see sap 122 7 118 12.5 107 91 (90) SC I _ Risarki Liaendt (1*) = Required Percent Compaction, R-# = Retested on Test #1, SC4and Cone, MJNuclear, DC--Drive Cyl., OT=Other I I I I I I .1 I I I I 1 I I I I I I I I Test Test Test Number Date Location 1989 4253 10/05 see sap 4254 10/05 see sap 4255 10/05 see sap 4256 10/05 see sap 4257 10/05 see sap 4258 10/05 see sap 4259 10/05 see sap 4260 10/05 see sap 4261 10/06 see sap 4262 10/06 see sap 4263 10/06 see sap 4264 10/06 see sap 4265 10/06 see sap 4266 10/06 see sap 4267 10/06 see sap 4268 10/06 see sap 4269 10/06 see sap 4270 10/06 see sap 4271 10/06 see sap 4272 10/06 see sap 4273 10/06 see sap 4274 10/06 see sap 4275 10/06 see map 4276 10/06 see sap 4277 10/06 see sap 4278 10/06 see sap 4279 10/06 see sap 4280 10/06 see sap 4281 10/06 see sap 4282 10/07 see sap 4283 10/07 see sap 4284 10/07 see sap 4285 10/07 see sap 4286 10/07 see sap 4287 10/07 see sap 4288 10107 see map 4289 10/09 see rap 4290 10/09 see sap 4291 10/09 see sap 4292 10/09 see sap Project Name: Rviara Units A-E Client Nose flviara Land Associates Project Number: 0431790070210 TABLE Page* 7 Field Density Test Result, Elevation Curve No. Fill Fill or I Maximum Moisture Dry Relative Depth Dry Density Content Density Compaction Remarks (feet) (pcf) (percent) (pef) (percent) (see legend) 124 29 118 13.0 106 91 (90) SC 144 20 121 12.3 108 90 (90) MV 145 20 121 14.1 108 90 (90) MU 147 20 121 11.0 108 90 (90) SC 149 20 121 11.5 109 91 (90) SC 151 20 121 13.2 111 92 (90) Mi 153 20 121 13.0 106 90 (90) Ml 154 20 121 12.0 108 90 (90) SC 46 7 118 11.1 107 91 (85) Ml 58 7 118 7.5 109 93 (85) SC 60 33 115 9.0 106 92 (85) SC 62 23 115 9.8 104 91 (85) Ml 70 7 118 6.5 102 87 (85) SC 77 7 118 10.0 107 91 (85) SC 85 7 118 11.3 109 92 (85) Mi 86 9 122 13.0 107 88 (85) MU 88 15 117 9.5 109 94 (85) SC 94 7 118 10.6 108 92 (85) MU 90 16 116 11.9 106 92 (85) MI 76 15 117 12.2 107 92 (85) Ml 40 7 118 12.8 108 92 (85) SC 42 16 116 13.1 106 92 (85) SC 311 21 124 12.0 111 90 (90) SC 313 32 113 13.7 107 95 (90) Sc 315 21 124 12.3 112 90 (90) NV 317 32 113 16.1 104 93 (90) Ml 319 29 118 13.0 106 91 (90) Ml 320 20 121 14.2 108 90 (90) Ml 320 29 118 13.7 107 91 (90) P81 126 7 118 11.1 108 92 (90) Ml 128 7 118 12.3 107 91 (90) Mi 129 7 118 14.0 108 92 (90) NU 47 7 118 10.9 107 91 (85) MU 54 7 118 10.7 104 89 (85) MU 52 7 118 11.5 105 90 (85) SC 68 7 118 12.6 105 89 (85) SC 88 29 118 16.5 106 90 (90) SC 90 29 118 12.0 106 90 (90) SC 90 34 115 17.0 104 91 (90) Mi 92 29 118 13.0 105 90 (90) SC Risarks Legend: (*8) = Required Percent Compaction, R-1* = Retested on Test 1*, SCSand Cone, NUNuclear, DCDrive Cyb, OTOther Aviara Units A-f Project Number: 0431790070210 I Client Name Aviara Land Associates TABLE 2 Page * 8 I . Field Density Test Results Elevation Curve No. Fill Fill ' Test Test Test or & Maximus Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 4293 10/09 see sap 93 34 115 14.5 104 91 (90) Sc I 4294 10/09 see sap 95 29 118 13.7 106 90 (90) Nil 4295 10/09 see sap 97 29 118 12.2 106 91 (90) Mi 4296 4297 10/09 10/09 see sap see sap 87 92 29 29 118 118 13.5 14.0 107 106 91 91 (90) (90) Sc Sc 4298 10/09 see sap 94 34 115 12.0 103 90 (90) Sc 4299 10/09 see sap 196 20 121 12.0 109 90 (90) SC I 4300 10/09 see sap 198 20 121 12.3 109 91 (90) SC 4301 10/09 see sap 200 39 115 13.0 105 92 (90) NIl I 4302 10/09 see sap 199 39 115 12.9 105 92 (90) NU 4303 10/09 see sap 200 39 115 114 107 93 (90) Mi 43(14 10/09 see sap 201 20 121 12.7 111 92 (90) Ml ' 4305 10/10 see sap 46 9 122 17.0 104 86 (85) Sc 4306 10/10 see sap 42 23 115 19.0 102 89 (85) SC 4307 10/10 see sap 41 23 115 18.1 104 91 (85) Ml 4308 10/10 see sap 39 7 118 10.1 105 89 (85) Nil 4309 10/10 see up 47 7 118 8.0 109 93 (85) SC 4310 10/10 see sap. 48 7 118 11.0 106 90 (85) Sc 4311 10/10 see sap 30 7 118 9.9 104 89 (85) Ml • 4312 10/10 see sap 177 20 121 13.4 108 90 (90) Sc I 4313 10/10 see sap 179 20 121 12.6 110 91 (90) Mi 4314 10/10 see map 181 20 121 16.4 108 90 (90) Ml 4315 10/10 see sap 183 20 121 14.4 108 90 (90) SC • 4316 10/10 see sap 185 20 121 12.8 110 91 (90) Ml 4317 10/10 see sap 187 20 121 11.9 112 93 (90) . SC I 4318 4319 10/10 10/11 see sap see sap 203 189 20 19 121 117 12.4 12.5 110 107 91 92 (90) (90) NV SC 4320 10/11 see map 191 19 117 12.9 106 91 (90) Sc 4321 10/11 see sap 193 20 121 13.7 113 94 (90) SC 4322 10/11 see sap 194 20 121 14.2 113 93 (90) Ml 4323 10/11 see sap 203 20 121 14.9 112 93 (90) NU • 4324 4325 10/11 10/11 see sap see sap 205 206 20 20 121 121 14.1 14.4 113 112 94 93 (90) (90) Ml NV 4326 10/12 see sap 188 20 121 12.4 108 90 (90) Nil 4327 10/12 see sap 190 20 121 13.1 108 90 (90) Ml 1 4328 10/12 see sap 192 39 115 12.9 104 91 (90) Ml 4329 10/12 see sap 194 19 117 13.5 106 91 (90) SC 4330 10/12 see sap 200 19 117 11.5 105 90 (90) Sc 4331 10/12 see sap 198 19 117 12.3 106 91 (90) NV 4332 10/12 see map 202 39 115 12.6 103 90 (90) Mi I Remarks L.g.ndi _ (0 (H) = Required Percent Compaction, R-** = Retested on Test 8*, SC4and Cone, MJNuclear, DC4rive Cyl., OTOther I Project Nam: lvfara Units R-E Project Number: 0431790070210 I Client Name : fviara Land Associates TflBLE 2 Page * 9 ' Field Density Test Results Elevation Curve No, Fill Fill Test Test Test or & Maximum Moisture Dry Relative Number Date Location I Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pcf) (percent) (pcf) (percent) (see legend) 4333 10/12 see sap 195 39 115 14.0 104 91 (90) SC I 4334 10/12 see sap 197 20 121 13.8 109 90 (90) Mi 4335 10/12 see sap 193 19 117 11.7 105 90 (90) Mi 4336 10/12 see sap 195 39 115 15.0 104 91 (90) SC 4337 10/12 see sap 197 39 115 14.2 104 91 (90) Mi 4338 10/12 see sap 199 20 121 11.0 108 90 (90) SC I see up 200 39 115 13.5 104 91 (90) Sc 4340 10/12 see sap 200 39 115 14.2 103 90 (90) Mi 4341 10/12 see map 208 39 115 14.6 104 90 (90) P1.1 4342 10/12 see sap 202 20 121 13.1 108 90 (90) Mi 4343 10/12 see sap 204 39 115 13.6 104 91 (90) Mi 4344 10/12 see sap 204 20 121 13.0 108 90 (90) Mi I 4345 10/12 see sap 206 39 115 13.9 103 90 (90) Mi 4346 10/12 see sap 210 20 121 13.5 109 90 (90) SC 4347 10/12 see sap 128 7 118 12.5 107 91 (90) SC 4348 10/12 see sap 128 7 118 13.8 106 90 (90) Ml 4349 10/12 see sap 130 7 118 12.3 107 91 (90) Mi 4350 4351 10/12 10/12 see sap see sap 129 131 7 7 118 118 13.3 12.1 108 106 92 91 (90) (90) SC Mi 4352 10/12 see sap 133 7 118 13.9 106 90 (90) Ml I 4353 10/12 see sap 131 7 118 13.1 108 92 (90) SC 4354 10113 see sap 209 5 117 13.4 106 91 (90) SC 4355 10/13 see sap 211 5 117 13.1 106 91 (90) SC 4356 10113 see sap 205 5 117 12.1 106 91 (90) Mi 4357 10/13 see sap 207 5 117 12.4 107 92 (90) Nt! - I 4358 4359 10/13 10/13 see sap see sap 210 212 5 5 117 117 13.1 12.4 107 106 92 91 (90) (90) SC Mi 4360 10/13 see sap 214 5 117 11.9 107 92 (90) Nt! 4361 10/13 see sap 216 5 117 13.1 106 91 (90) SC 4362 10/13 see sap 211 5 117 12.6 106 91 (90) Nt! 4363 10/13 see sap 213 5 117 12.3 107 92 (90) Mi I 4364 10/13 see sap 214 5 117 13.4 106 91 (90) SC 4365 10113 see sap 216 5 117 12.8 106 91 (90) Ml 4366 10/13 see map 214 5 117 12.2 106 91 (90) Nt! 4367 10/13 see sap 216 5 117 13.0 106 91 (90) Mi I 4375 10/16 see sap 210 20 121 9.5 106 88 (85) SC 4376 10/16 see sap 214 40 119 11.1 104 87 (85) Ml 4377 10/16 see sap 211 40 119 15.0 101 85 (85) SC I 4378 10/16 see sap 213 20 121 8.7 106 88 (85) Ml 4379 10/16 see sap 246 20 121 8.5 106 88 (85) SC I Raarki Legend: _ (0 (#1) = Required Percent Compaction, R-** = Retested on Test *1, SC--Sand Cone, MJNuclear, DCDrive Cyl., OTOther I I I I I I I I I I I I I I I I I I I Project Nam: Aviara Units A-E Project Numbers 0431790070210 Client Nam : Aviara Land Associates TABLE 2 Page * 10 Field Density Test Results Elevation Curve No. Fill Fill Test Test Test or & Maximum Moisture Dry Relative Number Date Location Depth Dry Density Content Density Compaction Remarks 1989 (feet) (pef) (percent) (pcf) (percent) (see legend) 4380 10116 see sap 206 40 119 15.2 104 88 (85) NV 4381 10/16 see sap 215 40 119 14.5 103 87 (85) Sc 4382 10/16 see sap 212 40 119 11.9 104 87 (85) NO 4383 10/16 see sap 220 20 121 12.0 108 89 (85) Sc 4384 10/16 see sap 217 20 121 15.2 109 90 (85) Mi 4385 10/16 see sap 272 20 121 10.0 107 89 (85) SC 4386 10/16 see sap 219 40 119 11.1 104 88 (85) Mi 4387 10/16 see sap 216 20 121 10.5 106 88 (85) SC 4388 10/16 see sap 256 40 119 14.7 104 Be (85) Ml 4389 10/17 see sap 244 20 121 8.5 108 90 (85) SC 4390 10/17 see sap 218 20 121 9.1 109 90 (85) MI 4391 10/17 see sap 258 40 119 14.5 104 88 (85) SC 4392 10/17 see sap 236 20 121 10.9 106 88 (85) Ml 4393 10/17 see sap 219 40 119 15.0 102 86 (85) SC 4394 10/17 see sap 228 20 121 11.2 108 90 (85) Ml 4395 10/17 see sap 227 20 121 11.5 106 88 (85) SC 4396 10/17 see sap 224 20 121 11.0 108 90 (85) Ml 4397 10/17 see sap 218 20 121 11.0 107 89 (85) SC 4398 10/17 see sap 222 20 121 12.1 108 90 (85) Mi 4399 10/17 see sap 260 40 119 12.5 104 Be (85) SC 4400 10/17 see sap 256 20 121 7.9 110 91 (85) Ml 4401 10/17 see sap 262 20 121 8.5 108 90 (85) Sc 4402 10/17 see sap 220 20 121 8.9 106 88 (85) Ml 4403 10/17 see sap 53 29 118 11.4 106 91 (90) Sc 4404 10/17 see sap 53 29 118 11.7 107 91 (90) SC 4405 10/17 see sap 49 29 118 10.9 106 90 (90) Ml 4406 10/17 see sap 53 29 118 11.0 106 91 (90) NV 4407 10/17 see sap 51 29 118 11.0 106 90 (90) MI 4408 10/17 see sap 53 29 118 11.3 106 91 (90) SC 4409 10/17 see sap 53 29 118 11.1 106 90 (90) NV 4410 10/18 see sap 110 6 115 15.2 100 87 (85) Mi 4411 10/18 see sap 99 6 115 15.4 99 87 (85) Ml 4412 10/18 see sap 101 6 115 14.9 100 87 (85) Ml 4413 10/18 see sap 91 6 115 15.9 98 86 (85) Mi 4414 10/18 see sap 86 6 115 15.4 99 86 (85) NV 4415 10/18 see sap 103 6 115 14.9 100 87 (85) Mi 4416 10/18 see sap 89 6 115 15.6 100 87 (85) Mi (*1) = Required Percent Compaction, R-** = Retested on Test *1, SC--Sand Cone, NtJ=Nuclear, DC=Drive Cyl., OT=Dther (9 PT I TABLE III RESULTS OF EXPANSION TESTS I SAMPLE EXPANSION EXPANSION LOCATION INDEX 1 0 VERY LOW 2 0 VERY LOW TABLE IV RESULTS OF SULFATE TESTS SAMPLE SOLUBLE NUMBER SULFATE ppni 1 > 400, < 800 2 > 400, < 800 3 > 400, < 800 1 I I I I I (D I I Li I I I I I I I