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2012-694206 D O C ## 2012-0694206 11111111 III IIIII IIIII 11111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII 1111 IIII Recording requested by, ) NOV 06, 2012 4:40 PM t' ) City of Encinitas ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE When recorded mail to Ernest J Dronenburg,Jr,COUNTY RECORDER City Engineer ) FEES 28.00 City of Encinitas PAGES: 505 South Vulcan Avenue ) Encinitas, CA 92024 ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SPACE Maintenance Agreement Uncontrolled Embankment 11\� Site Address 237 Seeman Drive Application Number 10087-G The undersigned, the owner of 237 Seeman Drive (APN 259-131-51) and per legal description Attachment A, in the City of Encinitas, County of San Diego, State of California, in the consideration of the grant of permission by the City of Encinitas to install and maintain an Uncontrolled Embankment per Attachment B for the use and benefit of owner's property, and 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 responsibility of the property owner and his successors in interest, who shall hold the City of Encinitas harmless with respect thereto In accordance with section 23.24 040of the City of Encinitas Municipal Code the City Engineer will instruct removal of the Uncontrolled Embankment if it is not maintained in a safe and sanitary manner � w 's ignature AOwn&e-ra's/�Sig ature (. Joseph J. Weber Linda Sorenson Weber Print name(s) Dated this da of 2012 Y [Signature of OWNER must be notarized Attach the appropriate acknowledgment.] Date 2— B or C��- CL dreg S i s M•M Deput ty Engineer jj C) �Vi �� v1 ETC, S m16500 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 'San b), e o On�C,p�� o1�a p I before me, e- M Srn (Here insert name and title of tfte officer) personally appeared Nw agL P c Dm A L►13d a , c e n S P n (? e y- who proved to me on the basis of satisfactory evidence to be the personlgwhose nameo is(&i & subscribed to the within instrument and acknowledged to me that he/sheA&execute3 the same in his/he e' authorized capacit�,and that by his/her/ ei signatureGon the instrument the person(D or the entity upon behalf of which the perso 1wacted,execute the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANGEL M SMITH Commission * 1977911 WITN S my hand d o is I seal. Notary Public-California z San Diego County 3 M Comm.Expires Jun 8,2018 of ubli (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California In such instances,any alternative -► acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached d ment) verbiage does not require the notary to do something that is illegal for a notary in 1r"( J California(i.e. certoing the authorized capacity of the signer). Please check the V1! ` (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document Number of Pages� Document Date- —t-,r signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Wshe/tltey;-is/are)or circling the correct forms.Failure to correctly indicate this • Individual(s) information may lead to rejection of document recording. • Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Tide) sufficient area permits,otherwise complete a different acknowledgment form. • Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact <+ Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other { Indicate tide or type of attached document,number of pages and date. v Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotmyClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of U On before me, 4 4)W 6�/,(, 1,116 LT e)123 Date Here Insert Name and Title of the OffTcer personally appeared 1/71 C�� -�lL�� L� Name(s)of Signer(s) hl fi who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is are subscribed to t��,e��within instrument and acknow edged fi e th<_ Ahe/they executed the same in l. his r/their authorized capacity(ies), and that by RANDA GAIL MILLJOUR is er/their signatures) on the instrument the fi v Commission#1916144 rson(s), or the entity upon behalf of which the N "P Notary Public - CaliforniaN person(s) acted, executed the instrument. j '`'' San Diego County A My Commission ExN. Jan. 6, 2015 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal ; Signature. �( Place Notary Seal Above Si ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. c fi Description of Attached Document i Title or Type of Document: Document Date Number of Pages 5 fi 1 Signers) Other Than Named Above Capacity(ies) Claimed by Signer(s) 1 Signer's Name Signer's Name Corporate Officer — Title(s) I Corporate Officer — Title(s) Individual - Individual jk L1 Partner — ❑Limited ❑General Top of thumb Here Partner — 1-1 Limited ❑General Top of thumb here Attorney in Fact ❑Attorney in Fact - Trustee ❑Trustee ; C Guardian or Conservator C Guardian or Conservator ? fi ❑ Other- 1Other- Signer Is Representing Signer Is Representing Ifi C 2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 ATTACHMENT "A" LEGAL DESCRIPTION PARCEL 1: THAT PORTION OF THE WESTERLY 233.00 FEET OF THE SOUTHERLY 280.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, LYING WESTERLY AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT NO. 173, COUNTY OF SAN DIEGO TRACT NO. 3474-3 ACCORDING TO MAP THEREOF NO. 10140, THENCE ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT NO. 173,N8901 0'36"W (REC N89°10'31"W), 13.00 FEET TO A POINT, THENCE S00 034'38"W, 94.33 FEET TO A LINE WHICH IS PARALLEL WITH AND 114.00 FEET NORTHERLY OF THE NORTHERLY LINE OF LAND DESCRIBED IN DEED FROM CLARKE TO LORAUX RECORDED 3-23-88 AS FILE/PAGE NO. 88-132439 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, THENCE ALONG SAID PARALLEL LINE S89 040'45"W, 13.00 FEET TO THE WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY. PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASES AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT NO. 173, COUNTY OF SAN DIEGO TRACT NO. 3474-3 ACCORDING TO MAP THEREOF NO. 10140, THENCE ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT NO. 173,N89°(REC N89°13'00" FEET TO A POINT, THENCE S00 034'38"W, 94.33 FEET TO A LINE WHICH IS PARALLEL WITH AND 114.00 FEET NORTHERLY OF THE NORTHERLY LINE OF LAND DESCRIBED IN DEED FROM CLARKE TO LORAUX RECORDED 3-23-88 AS FILE/PAGE NO. 88-132439 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, THENCE ALONG SAID PARALLEL LINE AND ITS WESTERLY PROLONGATION S89 040'45"W, 343.00 FEET TO THE WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY. AITACHNIENT "B" Am ns 321.70 (D Lo If cr) 0) W cl) La ,w cn 2p I x X20" A po, w NM!k-3040"g,309'�'1' 0 m L.ii APPROXIMATE LIMIT OF UNCONTROLLED EMBANKMENT AREA <-i SUBJECT TO MAINTENANCE AGREEMENT. L) cn QAOFESSIp4,q R. -ILSaMffAL I.AM&xunm%m No. 65124 573 SECOND STFEET -2-12 Exp. 09/30/13 VN3EICINIT4 CA 92024 PH QW) 23a-6025 ; ONES FAX (760) 230-6026 STEVEN DATE CLS#866AB R.C.E. 65124 OF C