2004-806452
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DC}¡ # 2004-0806452
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Recording requested by:
AUG 24, 2004
4:46 PM
City of Encinitas
OFFICI.I',L FIECORD~:;
~:,,6JJ DIECìO cnWJT\' F:ECOFIDER'S OFFICE
I:ìRECiOFI\',j ':It,,'1ITH COUHT',' FIECOFIDEFI
FEE':I llOO
F',6,G E ::1 4
When recorded mail to:
City Engineer
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
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SPACE ABOVE I
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Maintenance Agreement
Uncontrolled Embankment
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Site Address:
355 Seeman Drive
Application Number 02-125
Work Order Number 7909-G
The undersigned, Cathy and Tom Staver [OWNERS hereinafter], the owners of real property which is
commonly known as 355 Seeman Drive and is legally described in Attachment "A" which is attached
hereto and made a part hereof, in the consideration of the grant of permission by the City of Encinitas to
install and maintain an Uncontrolled Embankment shown in Attachment "B" for the use and benefit of
owner's property, agrees with the City of Encinitas, as follows:
1. The Owner acknowledges that as an Uncontrolled Embankment, the site is not eligible for a building
permit unless special soils analysis and foundation design are approved.
2. The Uncontrolled Embankment will be maintained in a safe and sanitary manner at the sole cost, risk
and ~c~p!)ns¡b!!ity of the property owner and his successors in interest, who shall hold the City of
Encinitas harmless with respect thereto. In accordance '.vitl; sectior. 23.24.040 of the City of Encinitas
Municipal Code the City Engineer will instruct removal of the Uncontrolled Embankment if it is not
~ned S h:~ saniæ~ manner.
Tom Staver
/-þ' .
C-i' ~~V/ , 5l¡î ~~.
Cathy Sfuver
Dated this ~ day of
í/
,2004.
Date:
;a:~ :WNER must œ notariZ::]1 apâ. a72L
' Peter Cota- obles
Director of Engineering Services
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ALL-PURPOSE ACKNOWLEDGMENT
County of
San Diego
}ss
State of California
On
:.",-~ - , " 7C'X.)'--\
(DATi)
before me,
Koren Moriarty
(NOTARY)
0 personally known to me
- OR -
~L c..r~\ ~ ~rc:.x-
SIGNER)
~ proved to me on the basis of satisfactory
T' evidence to be the person(s) whose name(s)
~are subscribed to the within instrument and
acknowledged to me that ttefsfle/they executed
the same in h.i.s/Rcr/their authorized
capacity(ies), and that by R-is/lter/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
personally appeared V"){Y'\ S~C).,:),f~.r
I..~ .-KORENMO~jA~iY~1
.,.. COMM. #1364991
~.,,; NOTARY PUBLlC-CALIFORN.IA g
(,) SAN DIEGO COUNTY 0
I ' . My Commission Expires ¡
JULY 15, 2006
-- -'
WITNESS my hand and official seaL
'1;"
tAM'~ 'WA '~
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
0 INDIVIDUAL
0 CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNER(S)
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER..:
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
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1?
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SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(lES)
RIGHT THUMBPRINT
OF
SIGNER
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0.
""
APA 5199
VALLEY.SIERRA. 800.362-3369
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EXHIBIT "A"
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NOR~ST QUARTER AND THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSIllP 13 SOUTH, RANGE 4 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: .
BEGINNING AT A POINT. ON THE EASTERLY LINE OF SAID NORTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER,
DISTANT THEREON, 74.00 FEET NORTHERLY FROM THE SOUTHEASTERLY CORNER
THEREOF; THENCE SOUTH 75°39'16" WEST 201.60 FEET (pER RECORD OF SURVEY MAP NO.
8599, FILED IN TIIE OFFICE OF THE COUNTY RECORDER OF . SAN DIEGO COUNTY,
NOVEMBER 26,1980 AS FILE NO. 80-401117 OF OFFICIAL RECORDS) TO THE NORTHEAST
CORNER OF LAND CONVEYED TO LA WRENCE E. SULLIVAN AND DOLORES A. SULLIVAN
BY DEED RECORDED NOVEMBER 28, 1969 AS FILE NO. 217113 OF OFFICIAL RECORDS;
THENCE NORTH 09°44' 1~" EAST ALONG THE PROLONGATION OF THE EASTERL Y LINE OF
SAID SULLIVAN'S LAND, A DISTANCE OF 8.27 FEET; THENCE soum 75°37'36" WEST 118.08
FEET; THENCE SOUTH 00°44'15" WEST 0.75 FEET TO THE SOUTHERLY LINE OF SAID
NORTH HALF" OF .THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE NORTH 89°34'57" WEST ALONG SAID SOUTHERLY LINE .
11.74 FEET; THENCE NORm 00°46'20" EAST PARALLEL WITH THE EASTERLY LINE OF
SAID NOR~ST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER, A DISTANCE OF 58.00 FEET; TIIENCE PARALLEL WITH SAID SOUTHERLY LINE
SOUTH 8~34'57" EAST 40.00 FEET TO THE EAST LINE OF THE WEST 376.96 FEET OF SAID
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER; TIIENCE NORTH 00°46'20" EAST PARALLEL WITH SAID
EASTERLY LINE 266.06 FEET TO A POINT ON THE NORm LINE OF SAID NORTH HALF OF
THE. NORTHEAST QUARTER OF THE NORTIIWEST. QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION, DISTANT THEREON, 376.96 FEET EASTERLY OF THE
NORTHWEST CORNER THEREOF; THENCE SOUTH 89"34'11" EAST 280.04 FEET ALONG SAID
NORTHERLY LINE TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER; TIIENCE CONTINUING SOUTH 89°34'11" EAST 26.00 FEET TO THE
WESTERLY LINE OF COUNTY OF SAN DIEGO TRACT NO. 3474-3, ACCORDING TO MAP
THEREOF NO. 10140 FILED IN THE ÒFFICE OF THE COUNlY RECORDER OF SAN DIEGO
COUNlY," JULY 8, 1981; TIIENCE SOÙTH 00°42'08" WEST (SOUTH 00°34'39" WEST) 250.11
FEET ALONG SAID WESTERLY LINE TO AN INTERSECTION WITH A LINE TIIA T BEARS
SOUTH 89°17'52" WEST (MEASURED AT RIGHT ANGLES) FROM THE POINT OF BEGINNING;
THENCE NORTH 89°17'52" WEST ALONG SAID LINE 26.00 FEET TO THE POINT OF
BEGINNING.
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EXHIB IT "B"
MAINTEN AN CE AGREEMENT
UN CO NTR 0 LLED EMB ANKMENT EXHIB IT
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= UNCONTROLLED EMBANKMENT