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2004-806452 rg ~~ I \ V~ , ~. , . 8 DC}¡ # 2004-0806452 1111111111111111111111111111111111111111111111111111111111111111111111 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 11111111111111111111111111111111111111111111111111111111111111111111111111111111 SPACE ABOVE I /} I ;1 ( í I . Maintenance Agreement Uncontrolled Embankment I' 11 ~1-fJ{ 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 8 8 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 '" 1? ë ~ .D E " £ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(lES) RIGHT THUMBPRINT OF SIGNER " - Õ 0. "" APA 5199 VALLEY.SIERRA. 800.362-3369 8 8 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. 8 e EXHIB IT "B" MAINTEN AN CE AGREEMENT UN CO NTR 0 LLED EMB ANKMENT EXHIB IT ~ - - "-:.... ' . 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