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2000-6751 GLine: Li °188 �S CIA ►� �'i�E SCRO02C ENGINEERING PERMITS 4/14/09 ENCIDAG UPDATE RECORD 13:40:37 ENG. PRMT. NO: 67-31 ENG. PRNT. CODE: TE— PARCEL NO: 256- 011 -1700 PRMT. YEAR: 2000 BILLED: _ CASE NO: 00062 CASE CODE: NUp ;•.A u •gyp • : NEPTUNE 2INTP •; ICU u•c_ • •� 1 DATE: (MMDDYY) APPLY DATE: 11/30/00 ISSUE DATE: 12/09/00 FINAL DATE: EXP. DATE: -3/01/01 WARRANTY DATE: INSPECTOR: RON RRADV MULTIPLE PARCEL NOt + F3 =Exit F4 =Update F12 =Previous F20= Multiple Parcel No. /in F� / V piw rjc r � -7 ,do xj °T "6u/ 12/29/2008 CASH SECUI S FY 2008 -2009 101-0000 -218 -0000 PROJECT 0 APPUC NAME DATE PAID REFUND BALANCE 05-30-08 BALANCE 0 0111130/09 9080 SY ALKHAS, KIMBERLY 05115/05 (5,908.25) (5,906.25) 9103 BY ALOHA MOTORS 12/17/33 (4,657.70) (4,657.70) 1746 BY ASSEMBLY OF GOD CHAPEL 06/10/05 (907.10) (907.10) ST BAILEY JR. EVE B ROBERT 04=108 (21,729.00) (21,729.00) 9481 SY Barred Ammon 07/03107 (62,298.00) (62,296.00) 9451 SY Barred Arnerimn 07/0307 (15,435.00) (15,435.00) 9117 BY BARRATT AMERICAN INC. 02109/05 (16,514.25) (16,514.25 9336 SY BARRATT AMERICAN, INC. 08108'05 (25,913.75) (25,913.75) SY BARRATT AMERICAN, INC. 06128/08 ,603.00) (7,503.00) 9117 SY BARRATT AMERICAN, INC. 10/24/05 (1,225.00) (1,225.00) 9253 SY BEACH TOWN BUNGALOWS 042&06 (9,018.35) 0.00 9253 SY BEACH TOWN BUNGALOWS O4126M (3,124.00) (3,124.00) 0386 SY BELMONT CORP 06/19 (07 (430,934.20) (107,733.55) 0386 SY BELMONT CORP 06/18/07 (31,482.20) (31,462.20) 1894 SY SELOCK, FRANK (208.84) (208.84) S362PJ83 SY BETTS. WM OQADOM (1275.00) (1,276.00) 0100 SY BILSKI, MICHELLE 10105/06 (2,740.86 (2,740.65) 7401 BY BLANCHARDA.ACINNIS 03/22102 (5,000.00) (5,000.00) 1814 SY SOCZANOWSKY (5,250.00 (6,250.00) 1980 SY BOMBAY REEFIDULICH (218.80) (218.80) 5169 SY BRENT KIRBY CONCRETE 07121/97 (60.00) (60.00) 6751 SY BROWN, JOHN MICHAEL 12/01/00 5,000.00 5,000.00) 6853 SY BROWN, JOHN MICHAEL 01117101 1000.00) (5,000.00) BY BROWN, JOHN MICHAEL 01117101 (1;000.00) (1,000.00) _6751 0395 BY BUTLER, WILLIAM B DIANE 05108107 (27,688.00 (27,(188.00) SY Ceim. R. 05/22/08 (12,857.16 12,657.15) 9177 SY CARDIFF DEL MAR, LLC 03/01105 (37,20100 ) (37,201.00) OCS399 BY CARDIFF ELEMEMTARY 04/01102 (700.00) (700.00) 7448 BY CARDIFF ELEMEMTARY (June JE) 0401102 58300) (563.00) SY Cwdl6 Ta Center 01115/08 (13,579.50) (13,579.50) 6142 SY CARIS, DARREN 17115109 (2,020.00 ) (2,028.00) DES413 SY CARLTAS CO OW10/02 (1,505.00 (1,505.00) _ 5890 BY CENTREX 02/11/99 05/14/08 15,791.00 (15,791.00) DCS038 BY CHAVIRA 0811401 (700.00 )1 (700.00) _ 8080 SY CHAVIRA. BETHANN 09/21M (2,900.00) (2,900.00) 0308 SY _ Chesnut, Lee 08/1407 (28,112.25) (28,112.25) _ _ SY Chao 09/15007 (!7,279.80) (77,279.60) 2063 SY CITIZENS BUSINESS BANK 0126100 (1,827.00) (1,627.00) _ 2063 $Y CITIZENS BUSINESS BANK OU2W00 (805.00) (605.00) DES227 BY COAST PLUMBING OWIB104 (700.00) 00.00) 1627 BY COASTAL EMPIRE (360.92) (360.92) 7704 SY CONSTRUCTION DI 041603 0120103 (8.240.50) (8,240.50) 1812 BY CONWAY. JOHN (3,900.00) 3,900.00) DCS329 SY CORDER, RICHARD 0111500 577.00 (577.00) 2833 SY CORNELL 378.81 (378.61) SY CORNWELL GROUP 12/29106 (85,516.73) 7628 SY _ COSTA LAGUNA ESTATES 09108104 _ (5,284.00) _(86,518.73) 0.00 Rec 38724 SY COUNTRYMAN, DONALD 0111400 (460.00 ) (480.00) DCS349 BY CRAIG LENS GENERAL 080800 (1,154.00) (1,154.00) 8333 SY DANIELS, MARC 0827100 01/31/03 (396.25 ) (396.26) 5843 SY DIERKES, JOHN 15107/00 (230.00) (230.00) E03388 SY DIMENSION CABLE SERVICE (2,000.00) (2,000.00) 7023 SY DIXIELINEICAMPSELL OW04156 05127103 (1,054.25) (1,Da4.25) 1823 SY DOUGLAS HARWOOD CO (2,250.00) (2.250.00) 93475 BY E CNTY PIPELINE (30.21) (30.21) 8391 BY EM4ET. 6TEVENIYUKI 08/20/07 (49,580.00) 0.00 9262 BY ENCINITAS BRACERO VENTURE 17/12/05 (19,899.03) (17,699.03) BY Endnitas 00100, L.P. 0812508 2,500.00) (2,500.00) 5083 BY ENCINITAS TOWN CNTR 11 /18108 124,000.00) (124,000.00) 1824 BY FALLON DEV 587.76 587.75 1662 BY FAR WEST CORRSION CONTROL ,051.20 ,081.20 7893 BY FINANCIAL FREEDOM LOANS 07/14104 (24,365.50) (24,365.50) 7604 SY FORD-0WO CARDIFF 10/28103 (3,374.75) 0.00 2552 BY FORTNEY (145.00) 145.00) 1982 BY FOUCH, ARTHUR/MARY ((100 .00) (800.00) 0874 SY Gantt, Christopher 06/0"6 ,768.00) (23,692.00) 0782 BY Gibson, Beverly Marie Hannon TruBI 06RWM (11,560.00 ) (2,890.00) 1849 SY GILHOL_M_ /STEVENSIADAMS (3,000.00) (3,000.00) 1769 SY GRAY (595.11) (595.11) _ -- 7041 SY GROENIGER, SCOTT 07/1 "1 (700.00) (700.00) 2021 SY HAHLBOHM, MARY .00) (350.00) 7601 SY HAYWARD, JOHN 05106/03 12/10(03 (1,189.75) (1,169.75) DCS306 BY HEER BRETT DEV 0121109 48,000.00) 48,000.00 SY HEFFNER, KENNETH O 25005 (1,000.00 ) (1,000.00) SY HENDRICK. MARK 0107(05 15,813.00) (15,813.00) 9156 SY HENORICK, MARK 8 SENA 01/25005 (5,555.71) 0.00 1744 SY HIGHLANDS (1,169.38 ) (1,169.38) 1998 SY HUSTON (300.00) (300.00) 1793 SY HUSTON (158.28) (156.28) 1766 BY HYGEA 161.98) (161.96) 1791 SY HYGEA ASSOC (5,793.99) (5,783.99 SY IMPERIAL STATIONS #3 09/15(04 (43,708.08) (43,708.08) SY INTER-AARKET INVESTMENT 01(08(05 (5,000.00 ) (5,000.00) 2545 SY JASON ST PROP (1,500.88) (1,500.88) SY JEFFRIES (638.36) (636.36) 0877 SY Joh, TensharV 0512308 (28,025.00) (8,508.25) 1872 SY JOHNSTON. JAY (450,00) 450.00) SY JSA BUILDERS, INC. OW14/08 (2,330.00) (2,330.00) SY KUNEWALDER. NICHOLAS 10120108 (77,687.00) Y7.657.00 8844 BY LANG CONTRACTING, INC. 100550 (805.00) (805.00) 2808 BY LARSON 558.57) (558.67) DES357 SY LEE, SANDY 06/21100 (70D.00) (700.00) 6500 SY LEE, SANDY 06/21/00 (338.00) (336.00 7880 SY LELAND, BEN CONSTRUCTION 01113/04 (1,742.00 ) (1,742.00) DCS409 BY LEWIS. CRAIG 05023(02 (700.00) (700.00) 9128 SY LINDSTROM, JAMES 09109106 (97,601.90) 0.00 DCS529 BY LONE JACK LP 012202 _ (1,348.66) 1,348.55) SV LOZITO.JOHN 04/1707 (52,679.20 ) (52,679.20 1934 SY LYSELL, HARRY 500,00) 500.00 Recording Requested By City Engineer THE ORIGINAL OF THIS DOCENT WAS RECORDED ON APR 03, 2001 DODIkE}1T MiIBER 2001 - 01970 GPfW J. SMITH, COUNTY RECORDER SAN DIEGO CO Krf RECORDER'S OFFICE TIME: 9:39 AM When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92029 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Brown] Assessor's Parcel Case No. 00- 062MUP No. 256 - 011 -17- (01,02) Permit No. 6751TE W.O. No. 6751TE WHEREAS, John Michael Brown and Patricia D. Brown ( "PERMITTEE" hereinafter) are the owners of bluff top, ocean front real property which is commonly known as 836 and 838 Neptune Avenue ( "DOMINANT ESTATE" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. WHEREAS, the City of Encinitas ( "CITY" hereinafter), a municipal corporation, holds an interest in beach property ( "PUBLIC BEACH RECREATIONAL AREA" hereinafter) located in the vicinity of the DOMINANT ESTATE and more fully described as follows: See Attachment B which is attached hereto and made a part hereof. WHEREAS, PERMITTEE desires to construct a seawall at a location immediately seaward of the DOMINANT ESTATE ( "PROJECT SITE" hereinafter) and must cross and otherwise use the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall on the PROJECT SITE. WHEREAS, PERMITTEE desires an entitlement to use the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall; NOW THEREFORE, it is agreed as follows: A. CITY hereby grants to PERMITTEE an encroachment permit in respect to the PUBLIC BEACH RECREATIONAL AREA in accordance with the following: ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc1 Version: March 9, 1994 11:90 Page 1 See Attachment C which is attached hereto and made a part hereof. B. PERMITTEE covenants and agrees to exercise the entitlements herein conveyed in accordance with the following: See Attachment C which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. PERMITTEE agrees that PERMITTEE's duties and obligations under this Covenant are a lien upon the DOMINANT ESTATE. Upon notice and opportunity to respond, CITY may add to the property tax bill of the DOMINANT ESTATE any past due financial obligation owing to CITY by way of this Covenant. E. By accepting the benefits of this Covenant, PERMITTEE acknowledges that PERMITTEE has no title to the PUBLIC BEACH RECREATIONAL AREA and waives all right to that title. F. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. G. Failure of PERMITTEE to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. H. PERMITTEE recognizes and understands that this Covenant may create a possessory interest subject to property taxation and that the PERMITTEE may be subject to the payment of property taxes levied on such interest. I. As conditions precedent to PERMITTEE's right to go upon the PUBLIC BEACH RECREATIONAL AREA: 1. This Covenant must first be signed by the PERMITTEE and notarized; and then executed by the CITY and recorded with the County Recorder of the County of San Diego. Any recording fee shall be paid by PERMITTEE; 2. PERMITTEE must fully satisfy each and every condition precedent to the exercise of PERMITTEE's entitlement to go upon the PUBLIC BEACH RECREATIONAL AREA; and ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc2 Version: March 9, 1994 11:40 Page 2 3. PERMITTEE must first comply with the State Coastal Act by either obtaining the approval of the State Coastal Commission, obtaining a waiver thereof, or qualifying for an exemption therefrom, as needed to construct the seawall on public property and traverse the PUBLIC BEACH RECREATIONAL AREA to construct the seawall. J. This Covenant does not preclude PERMITTEE from taking emergency, protective measures as approved by CITY. K. PERMITTEE agrees to provide written disclosures, and require written consent from, any and all future owners, partners, successors, heirs, personal representatives, transferees and assigns of PERMITTEE's interest in the PROPERTY to the effect that this Covenant is acceptable. Provided, however, if such consent is not rendered, it shall in no way affect the enforceability of this Covenant against such party. The consent shall expressly state that the party has received a copy of this Covenant and shall abide by the terms hereof. L. Upon PERMITTEE's transfer of the PROPERTY to a successor in interest, PERMITTEE may apply to the CITY for a release of PERMITTEE's personal obligations set forth in this Covenant. The CITY shall execute the requested release if it is demonstrated that the successor in interest has fully assumed the obligations herein. M. As delegated by the State Lands Commission, the City hereby conveys State Lands Commission permission to the PERMITTEE to traverse the PUBLIC BEACH RECREATIONAL AREA to construct the seawall and to construct the seawall on public property. ACCEPTED AND AGREED: Date Date (Not PERMITTEE I certify on behalf of the City Council of pursuant to the authority conferred by said City is authorized to execute th' Covenant Dated By A an D. Arch. Director of (Notarization not required) the City of Encinitas, City Council, that the ujrx Engineering Services ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc3 Version: March 9, 1994 11:40 Page 3 CALIFVKnua State of CG\;F�n;U Counly of 5 ` `eonci On 1r�J1 Li ) b,U before me, One r-�K personally appeared NaTe.nOidKQQ ( °9 -• -W�e floc. No WY Rk 1 C --,l C3 personally known tome _ OR –t proved tome on the basis of satisfactory evidence to be the person W ose nameWli %are subscri to the within instrument and ackpq edged to me tha h /she/they executed the s e i edtheir authorized capacity(i , and that by ii er/their signature y �(on the instrument the pe son(K or the entity upon be of which the person acted, c°"MM 8119 s°N � executed the instrument. No aela.00kJN A san o coul+n SAM w��Sw . _ WITNESS m offi �( at. sgrulwe or Hd q P OPTIONAL - Though the Intormahon below is nor requiredby.law it rnay.prove valuable to persons relyipg.gri the document and could prevent rmudulenf removal and reatfachmenf or this torn to arwtherdocument Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)*Claimed by Signer(s) Signer's Name: Signer's N e: ❑ Individual ndividual ❑ Corporate Officer O Corporate Officer Title(s): Title(s): ❑ Partner Limited O General a Partner —O Limited ❑ General O Attorney -in -Fact O Anomey -in -Fact 0 Trustee p Trustee ❑ Guardian or Conservator - ❑ Guardian of Conservator ❑ Other. Too of rlaxnt Here ❑ Other. roc of uw w Here .Signer Is Representing: Signer Is Representing: 0149a Na�wlNOlary ASZOpalian- 9DSf1emetA 'R:PO:�4!��18a -Eayyi PaM1M1. �@i24lr.L�,: ;.., ::� ;. -. Pt�1.fb. S97];�..:'.�_ .. -,n Reo�ae�. GlrOdFlK 12QOE)64BZ) INDIVIDUAL ACKNOWLEDGMENT STATE OF WASHINGTON. n. County of �rw.�i rwwo� ARIMR Q kGi1t101b +1R AM Appoa* w * 800 AN 7. Leos I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that signed this instru- r ment and acknowledged it to be free and voluntary act for the uses and purposes mentioned in the instrument. Dated this /�' /-t, day of 1pa�a' Ay `-a Notary Public in and for the State of / X ' My appointment expires:y10n ATTACHMENT A TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Brown] PROPERTY DESCRIPTION: DOMINANT ESTATE Parcel 1 of Parcel Map No. 11659 in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 10, 1981. Excepting from all of the above described property that portion thereof, if any, now or heretofore lying below the mean high tide line of the Pacific Ocean. AAA /mm /jsg /f:rowmisc /tevar /te6751e.doc4 Version: March 9, 1994 11:40 Page 4 ATTACHMENT B TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Brown] LOCATION: PUBLIC BEACH RECREATIONAL AREA Access to job site across Moonlight Beach State Park, Seaside Gardens Park, Encinitas Beach Park, State lands westerly of the Mean High Tide Line, and Ponto Beach State Park. Job site with respect to public beach described on Barrier Plan, Sheet B1, which follows: ADA /mm /jsg /f:row isc /tevar /te6751e.doc5 Version: March 9, 1994 11:40 Page 5 LEGEND D TRAFFIC DELINEATORS NEPTUNE AVE. D D D D D D D D QW -11a71 TIDE LINE u 0 RETAINING WALL D ,'i � •rC � � LIJYV �'�� CJC GOMOON - JOHNSON 836 -860 NEPTUNE AVE. SHEET ENCINITAS, CA B 1 BARRIER PLAN SHEET 1 OF t ATTACHMENT C TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Brown] DESCRIPTION OF ENCROACHMENT PERMIT AND PERMITTEE's 1.0 LOCATION OF ENCROACHMENT AREA The location of the beach access encroachment area is depicted on the map which is contained in Attachment B to this Covenant. 2.0 PURPOSE OF ENCROACHMENT: The purpose of the beach access encroachment permit is to entitle PERMITTEE to use the PUBLIC BEACH RECREATIONAL AREA as required for the construction of the seawall at the PROJECT SITE. 3.0 USE OF PUBLIC BEACH RECREATIONAL AREA 3.1 PERMITTEE shall submit to the City Engineer a written proposal setting forth the day[s], hours] and safety conditions in accordance with which PERMITTEE proposes to use of the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall. 3.2 The CITY's Engineer shall expeditiously issue written direction setting forth the day[s], hour(s) and safety conditions reasonably necessary to protect the public from PERMITTEE's use of the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall. 3.3 PERMITTEE agrees not to go upon or use the PUBLIC BEACH RECREATIONAL AREA for any purpose involving the construction of the seawall at the PROJECT SITE on any day or at any hour, except in complete conformance with the terms and conditions of this Covenant which includes the written directions signed by the CITY's Engineer. 4.0 TERM OF ENCROACHMENT PERMIT This COVENANT shall be effective upon its execution by the CITY and shall remain in effect until canceled by the CITY. ADA /= /jsg /f:row isc /tevar /te6751e.doc6 Version: March 9, 1994 11:40 Page 6 5.0 OTHER PROVISIONS In consideration of CITY's execution of this Covenant: 5.1 PERMITTEE waives the right to object to the formation of any geologic hazard abatement district, assessment district or maintenance district which includes within its boundaries the DOMINANT ESTATE and which concerns sand replenishment or the stabilization of the DOMINANT ESTATE property. 5.2 PERMITTEE agrees that if and when the CITY or a special district determines that it is necessary for the DOMINANT ESTATE to participate in a project which addresses the stabilization of the DOMINANT ESTATE property, the PERMITTEE shall either construct the project or pay PERMITTEE's fair share of the cost to construct such project. 5.3 PERMITTEE agrees not to develop in any manner the DOMINANT ESTATE except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms and the erection of structures of any type, except as permitted or authorized by CITY. 6.0 ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND POSSIBLE CONSEQUENCES: WAIVERS 6.1 ASSUMPTION ON RISKS BY PERMITTEE. PERMITTEE acknowledges and assumes the risk that: a. the design, construction, maintenance, or functioning of the seawall may not result in the stabilization of the DOMINANT ESTATE and may result in the destabilization of the DOMINANT ESTATE and may otherwise cause damage to the DOMINANT ESTATE, the public beach, persons, adjacent public or private property, or other property; b. The use of forth in Part destabilization c cause damage to persons, adjacent the vicinity; and the PUBLIC BEACH RECREATION AREA as set 3.0 herein above, may result in the >f the DOMINANT ESTATE and may otherwise the DOMINANT ESTATE, the public beach, public or private property, or property in C. Aspects of the seawall project may be judicially challenged by third parties. 6.2 WAIVER OF CLAIMS AGAINST CITY. For claims that are alleged to have arisen, directly or indirectly, from the plans, design, ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc7 Version: March 9, 1994 11:40 Page 7 construction, maintenance, functioning or failure of the seawall or from the use of the PUBLIC BEACH RECREATION AREA as set forth in Part 3.0 herein above, PERMITTEE unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. 6.3 PERMITTEE's waiver herein includes, but is not limited to, claims concerning PERMITTEE's use of the PUBLIC BEACH RECREATION AREA; alleged defects in the plan, design, construction, maintenance, or functioning of the seawall; alleged defects in the materials furnished in the construction of the seawall; alleged injury to persons or property allegedly caused by, or in any way related to, the seawall or PERMITTEE's use of the PUBLIC RECREATION AREA; or any alleged inverse condemnation of property as a consequence of the design, construction, maintenance or functioning of the seawall. This Section is expressly not intended to act as a limitation to the broad waiver set forth in Section 6.2. 6.4 PERMITTEE agrees that for claims that are alleged to have arisen, directly or indirectly, from the CITY's efforts to assist PERMITTEE in constructing a seawall or using the PUBLIC BEACH RECREATION AREA, PERMITTEE unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. 6.5 PERMITTEE's waiver set forth in Sections 6.2, 6.3 and 6.4 does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. 6.6 It is further understood and agreed that all of PERMITTEE's rights under § 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived with respect to claims against CITY and CITY's officers, officials, employees, and agents relating to the seawall or the use of the PUBLIC BEACH RECREATION AREA. Section 1542 reads as follows: 1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 7.0 ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND POSSIBLE CONSEQUENCES: INDEMNIFICATION AND HOLD HARMLESS 7.1 PERMITTEE TO INDEMNIFY AND HOLD CITY HARMLESS. PERMITTEE agrees to indemnify and hold CITY and CITY's officers, officials, ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc8 Version: March 9, 1994 11:40 Page 8 employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof including attorneys' fees, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of PERMITTEE or PERMITTEE's agents, employees, subcontractors, officials, officers or representatives in respect to the seawall or the use of the PUBLIC BEACH RECREATION AREA. Upon demand, PERMITTEE shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 7.2 PERMITTEE agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof including attorneys' fees, arising out of, or in any manner connected directly or indirectly with, the CITY's efforts or actions to assist PERMITTEE in the seawall construction. 7.3 PERMITTEE's indemnification and hold harmless obligation herein includes, but is not limited to, claims concerning alleged defects in the plans, specifications and design of the seawall; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the PERMITTEE's proposed plans, specifications or design so long as such change is objected to, in writing, by PERMITTEE, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 7.4 PERMITTEE's indemnification and hold harmless obligation herein includes, but is not limited to, claims concerning PERMITTEE's use of the PUBLIC BEACH RECREATION AREA; alleged defects in the plan, design, construction, maintenance, or functioning of the seawall; alleged defects in the materials furnished in the construction of the seawall; alleged injury to persons or property allegedly caused by, or in any way related to the seawall or PERMITTEE's use of the PUBLIC RECREATION AREA; or any alleged inverse condemnation of property as a consequence of the design, construction, maintenance or functioning of the seawall. This Section is expressly not intended to act as a limitation to the broad indemnification and hold harmless provisions set forth in Sections 7.1, 7.2 and 7.3. 7.5 By approving the improvement plans, specifications and design or by inspecting or approving the seawall or the use of the PUBLIC BEACH RECREATION AREA, CITY shall not have waived the protection afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of PERMITTEE who shall ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc9 Version: March 9, 1994 11:40 Page 9 remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as specifically provided above. 7.6 PERMITTEE's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 7.7 The CITY herein expressly does not waive any defenses, immunities or other protections from liability afforded to the CITY by the laws of the United States or the State of California, to include without limitation, the California Government Code. ADA/ mm/ jsg/ f: rowmisc /tevar /te6751e.doclOVersion: March 9, 1994 11:40 Page 10 Recording Requested By: City Engineer When Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 THE ORIGINAL OF THIS DOWUT WS RECORDED ON FAR 03, 2001 DOCUMENT NUDIER 2001 -01972'11 GREGORY J. SMITH, COI M RECORDER SAN DIEGO CUM RECORDER'S OFFICE TIME: 9:39 AM SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: HOLD CITY HAP14LESS FOR BLUFF FAILURE Assessor's Parcel No. 256- 011 -17- (01,02 Case No. 00 -062 MUP Permit No. 6751TE W.O. No. 6751TE A. John Michael Brown and Patricia D. Brown ("OWNER" hereinafter) are the owners of real property which is commonly known as 836 and 838 Neptune Avenue ( "PROPERTY" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. B. In consideration of a Beach Encroachment Permit and a Major Use Permit by the City of Encinitas ( "CITY" hereinafter) , OWNER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's duties and obligations under ADA /mm /jsg /f:rowmisc /tevar /te6751h.doc1 10e10a 1 JAN 90 this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. ACCEPTED AND AGREED: OWNER Dated -� Dated�n1� /.�� (Notarization of OWNER signature is attached.) CITY OF ENCINITAS Dated by k LJ114P Alan D. Archibald, P.E. (Notarization not required) Director of Engineering Services ADA /mm /jsg /f:rowmisc /tevar /te6751h.doc2 10e10a 1 JAN 90 r __ —�«� i���ii1JJJJJJJ JJJJlJJJIJJJl�JJflIJfJJ Stale of � G \ - �CK \ 1 U . County of �,4 eQSa✓\ On 1a)�� j C!U before me, N <J.w (<a_ <ne 0oe. nda7 PW47 o�< personalty appeared [I personallyknown to me = OR -p proved fo me on the basis of safisfactory evidence to.be the person( whose name sure subscnb to the within instrument and acknowledged to me thshe/they executed the i hl edtheir authoriz capacity1141 and that by hi rttheir signatur�o on the instrument the persof1K. or the entity upon behalf of which the person(Q acted, ia nexecuted the instrument- 196W // �cry�cow+u -4 0��� WITNESS an o i Sputue d flolary PuClc OPTIONAL Th,Wh the Information below is not requiredby law,a nuypmm valuable to Persans/elyipg_pri the documenf a_ nd could prevent fraudutent removaf and reattachment of this loon to another document. Description of Attached Document Title or Type of Document: Document Date: Signe-(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual O Corporate Officer Tale(s): ❑ Partner —❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ Guartfian o sery ❑ Other. Signer Is Representing: R13tirT i"UpAMi OFSIGhER Number of Name: ❑ Individual ❑ Corporate Officer Title(s): O Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact 0 Trustee ❑ Guardian or Gortservator ❑ Other. Signer Is Representing glGtrranETRq utr 'OFSIGRE"'` 0194 Na�aul tlolary ASSOaah�en- 62l6H<"nM A�e.;P.O;P<�)1B<•_Crpy?Pi.k c�y}�t.L42•: �:.. ::. .. .. PtgQ fb. �]::/- .5: +.••�+ {koACr GOTaP$1K IAWA>6fi92) og/23/88 7tiu 14:4a ra. Luo jau 4uoe nnu ­'.... INDIVIDUAL ACKNOWLEDGMENT STATE OF WASHINGTON. ss. County of A E Notcry t� te of WeAftton UR C. ZASiROW. A �t bpiM Au© 7.7004 i certify that I know or have satisfactory evide= that is the person who appeared before me, and said person acknowledged that l signed this instru- mant and acknowledged It to be l free and voluntary act for the uses and purposes mentioned in the instrument. /" n Dated this 61- day of Notary Public in and for the State of GJ ' .a My appointment expires: /� �� ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE PERMIT NO. 6751TE PROPERTY DESCRIPTION Parcel 1 of Parcel Map No. 11659 in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 10, 1981. Excepting from all of the above described property that portion thereof, if any, now or heretofore lying below the mean high tide line of the Pacific Ocean. ADA /mm /jsg /f:row isc /tevar /te6751h.doc3 10e10a 1 JAN 90 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE PERMIT NO. 6751TE OWNER'S DUTIES AND OBLIGATIONS 1. For claims that are alleged to have arisen, directly or indirectly, from any bluff failure or erosion associated with the PROPERTY or the plans, design, construction or maintenance of OWNER's improvements, OWNER unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. This waiver does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. 2. It is further understood and agreed that all of OWNER'S rights under § 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived. § 1542 reads as follows: 1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 3. OWNER agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of OWNER or OWNER's agents, ADA /mm /jsg /f:rowmisc /tevar /te6751h.doc4 10e10a 1 JAN 90 employees, subcontractors, officials, officers or representatives. Upon demand, OWNER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. OWNER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the OWNER's proposed plans, specifications or design so long as such change is objected to, in writing, by OWNER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. OWNER's obligation herein includes, but is not limited to, alleged defects in the construction of the improvements; alleged defects in the materials furnished in the construction of the improvements; alleged injury to persons or property; and any alleged inverse condemnation of property as a consequence of the design, construction, or maintenance of the improvements. By approving the improvement plans, specifications and design or by inspecting or approving the improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of OWNER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, ADA /mm /jsg /f:row isc /tevar /te6751h.doc5 10e10a 1 JAN 90 employees and agents, harmless as provided above. OWNER's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 4. OWNER hereby agrees not to develop in any manner the PROPERTY except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms, removal of vegetation and the erection of structures of any type, except as permitted or authorization by CITY. 5. This Covenant does not preclude OWNER taking emergency, protective measures as approved by CITY. ADA /mm /jsg /f:rowmisc /tevar /te6751h.doc6 10e10a 1 JAN 90 Recording Requested By: City Engineer When Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 THE ORIGINAL. OF THIS BEMENT WS RECORDED ON APR 03, 2001 DOWOT NUMBER 2001- 0197274 GREGORY J. SMITH, COIALTY RECORDER SAN DIEGO COUKIY RECORDER'S OFFICE TINE: 9:42 AN SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE Assessor's Parcel No. 254- 311 -05 Case No. 00 -062 MUP Permit No. 6751TE W.O. No. 6751TE A. Richard R. Sonnie and Lupe L. Sonnie (- OWNER" hereinafter) are the owners of real property which is commonly known as 856 and 860 Neptune Avenue ( "PROPERTY" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. B. In consideration of a Beach Encroachment Permit and a Major Use Permit by the City of Encinitas ( "CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's duties and obligations under ADA /mm /jsg /f:row isc /tevar /te6751h2.doc1 10e10a 1 JAN 90 this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. ACCEPTED AND AGREED: 'OW�i2 Dated i i Dated O (Notarization of OWNER sign ture is attached.) CITY OF ENCINITAS Dated by Alan D. Archibald, P.E. (Notarization not required) Director of Engineering Services ADA /mm /jsg /f:rowmisc /tevar /te6751h2.doc2 10e10a 1 JAN 90 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los A ss. On Dec. k. n, before me, �etn,,.J -tC Qcd-pCS_ (�t0�rJ la ),c Dal Name @,W Tilt d Dlfim (e yN r� .Notary P01.1 f i personally appeared =1 E S t1244290 C CALIFORNIA ES COUt11Y V Dec Z Place Nolary Seal Above ❑ personally known to me j3- roved to me on the basis of satisfactory evidence to be the person(,$) whose name,W is/ere subscribed to the within instrument and acknowledged to me that #e /she /they executed the same in 1+is /herAheir authorized capacity(jge}, and that by his /herAheir signature (R) on the instrument the personV), or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seal. SgnaWre WNOIary 1¢ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L il�j eL, Document Date: Number of Pages Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer Signer's Name: _ _ — e ❑ Individual Top of Thumb here ❑ Corporate Officer— Title(s)' ❑ Partner — ❑ Limited U General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 Nalianel Nolary A590Cklian • 9350 a Sda Are Pe Boo 2C • CMIl Orel. CA 9131] 2C • x horb liwwe M Roe. No 5907 Neoraer GA Toe Free 1410077 W CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � ss. County of Los Ain QPlex On �),e C. &a2o() Q , before me, ehr�A�ociefs aAu le Name arttl TNe of OF e.g.,'Jane OOe, N01a P Ic'I personally appeared ....e.......----- JENNIFER ROGERS COMM. #1244290 A -a NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My Comm. E p. Dec. 2, 2003 Place Notary Seal Above ❑ personally known to me JZ proved to me on the basis of satisfactory evidence to be the person(;) whose name(¢) isAare subscribed to the within instrument and acknowledged to me that helehail y executed the same in his'ReOtheir authorized capacity(jaa), and that by hisiheOtheir signatureKon the instrument the person;!), or the entity upon behalf of which the persorl acted, executed the instrument. WITNESS my hand and official seal. tl .. fNoWry lalic: � eignaNta of Notary blk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: C oy tv%a Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 01898 Na4u,ul Notary Assaclallon • 9950 a SoRI Ave., P0.9 2402 • Cl CA 913132402, wvm.mwnalndery R No, SHOT Reoeler WI Ta-. 1� ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE PERMIT NO. 6751TE PROPERTY DESCRIPTION All that portion of Blocks "B" and "D" in South Coast Park No. 2, City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at the Southeasterly corner of Block "B "; thence along the Southerly line of said Block "B" and the Westerly prolongation thereof into said Block "D" South 7416'30" West a distance of 236.41 feet to a Point in the Easterly line of that portion of said Block "D" as conveyed by the South Coast Land Company to San Diego County, by Deed recorded in Book 1731, Page 258 of Deeds; thence North 23 °09'50" West along said Easterly line of the San Diego County Land 50 feet to a Point; thence Easterly in a direct line across said Blocks "D" and "B" to a Point in the Easterly line of said Block "B", said Point being North 23 034'45" West - record North 23 035'33" West - 50 feet from said Southeasterly corner of Block "B "; thence South 23 °34'45" East - record South 23 035'33" East - along the said Easterly line of Block "B" 50 feet to the Point of Beginning. Excepting any portion lying within Ponto State Beach as delineated and shown on Record of Survey Map No. 7038, filed in the Office of the County Recorder of San Diego County. Also, Excepting Therefrom all of the above described property that portion thereof, if any, now or heretofore lying below the mean high tide line of the Pacific Ocean. ADA /mm /jsg /f:rowmisc /tevar /te6751h2.doc3 10e10a 1 JAN 90 ATTACHMENT B TO COVENANT REGARDING REAL, PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE PERMIT NO. 6751TE OWNER'S DUTIES AND OBLIGATIONS 1. For claims that are alleged to have arisen, directly or indirectly, from any bluff failure or erosion associated with the PROPERTY or the plans, design, construction or maintenance of OWNER's improvements, OWNER unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. This waiver does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. 2. It is further understood and agreed that all of OWNER'S rights under § 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived. § 1542 reads as follows: 1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 3. OWNER agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of OWNER or OWNER's agents, ADA /mm /jsg /f:rowmisc /tevar /te6751h2.doc4 10e10a 1 JAN 90 employees, subcontractors, officials, officers or representatives. Upon demand, OWNER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. OWNER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the OWNER's proposed plans, specifications or design so long as such change is objected to, in writing, by OWNER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. OWNER's obligation herein includes, but is not limited to, alleged defects in the construction of the improvements; alleged defects in the materials furnished in the construction of the improvements; alleged injury to persons or property; and any alleged inverse condemnation of property as a consequence of the design, construction, or maintenance of the improvements. By approving the improvement plans, specifications and design or by inspecting or approving the improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of OWNER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, ADA/ mm/ jsg /f:rowmisc /tevar /te6751h2.doc5 10e10a 1 JAN 90 employees and agents, harmless as provided above. OWNER's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 9. OWNER hereby agrees not to develop in any manner the PROPERTY except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms, removal of vegetation and the erection of structures of any type, except as permitted or authorization by CITY. 5. This Covenant does not preclude OWNER taking emergency, protective measures as approved by CITY. ADA /mm /jsg /f:rowmisc /tevar /te6751h2.doc6 10e10a 1 JAN 90 Recording Requested By: City Engineer THE ORIGINAL OF THIS DOCKNT WS RECORDED ON APR 03, 2001 DOCIAENT 00 2001- 0197713 GREGORY J. SHITH, COLWY RECOW SAH DIEGO COOTTIY RECORDER'S OFFICE TIME: 9:42 AN When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [Richard R. Sonnie and Lupo L. Sonnie] Assessor's Parcel No. 254- 311 -05 -00 Case No. 00- 062MUP Permit No. 6751TE W.O. No. 6751TE WHEREAS, Richard R. Sonnie and Lupe L. Sonnie ( "PERMITTEE" hereinafter) are the owners of bluff top, ocean front real property which is commonly known as 858 and 860 Neptune Avenue ( "DOMINANT ESTATE" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. WHEREAS, the City of Encinitas ( "CITY" hereinafter), a municipal corporation, holds an interest in beach property ( "PUBLIC BEACH RECREATIONAL AREA" hereinafter) located in the vicinity of the DOMINANT ESTATE and more fully described as follows: See Attachment B which is attached hereto and made a part hereof. WHEREAS, PERMITTEE desires to construct a seawall at a location immediately seaward of the DOMINANT ESTATE ( "PROJECT SITE" hereinafter) and must cross and otherwise use the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall on the PROJECT SITE. WHEREAS, PERMITTEE desires an entitlement to use the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall; NOW THEREFORE, it is agreed as follows: A. CITY hereby grants to PERMITTEE an encroachment permit in respect to the PUBLIC BEACH RECREATIONAL AREA in accordance with the following: ADA /mm /jsg /f:rowmisc /tevar /te6751e2.doc1 Version: March 9, 1994 11:40 Page 1 See Attachment C which is attached hereto and made a part hereof. B. PERMITTEE covenants and agrees to exercise the entitlements herein conveyed in accordance with the following: See Attachment C which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. PERMITTEE agrees that PERMITTEE's duties and obligations under this Covenant are a lien upon the DOMINANT ESTATE. Upon notice and opportunity to respond, CITY may add to the property tax bill of the DOMINANT ESTATE any past due financial obligation owing to CITY by way of this Covenant. E. By accepting the benefits of this Covenant, PERMITTEE acknowledges that PERMITTEE has no title to the PUBLIC BEACH RECREATIONAL AREA and waives all right to that title. F. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. G. Failure of PERMITTEE to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. H. PERMITTEE recognizes and understands that this Covenant may create a possessory interest subject to property taxation and that the PERMITTEE may be subject to the payment of property taxes levied on such interest. I. As conditions precedent to PERMITTEE's right to go upon the PUBLIC BEACH RECREATIONAL AREA: 1. This Covenant must first be signed by the PERMITTEE and notarized; and then executed by the CITY and recorded with the County Recorder of the County of San Diego. Any recording fee shall be paid by PERMITTEE; 2. PERMITTEE must fully satisfy each and every condition precedent to the exercise of PERMITTEE's entitlement to go upon the PUBLIC BEACH RECREATIONAL AREA; and 3. PERMITTEE must first comply with the State Coastal Act ADA /mm /jsg /f:rowmisc /tevar /te6751e2.doc2 Version: March 9, 1994 11:40 Page 2 by either obtaining the approval of the State Coastal Commission, obtaining a waiver thereof, or qualifying for an exemption therefrom, as needed to construct the seawall on public property and traverse the PUBLIC BEACH RECREATIONAL AREA to construct the seawall. J. This Covenant does not preclude PERMITTEE from taking emergency, protective measures as approved by CITY. K. PERMITTEE agrees to provide written disclosures, and require written consent from, any and all future owners, partners, successors, heirs, personal representatives, transferees and assigns of PERMITTEE's interest in the PROPERTY to the effect that this Covenant is acceptable. Provided, however, if such consent is not rendered, it shall in no way affect the enforceability of this Covenant against such party. The consent shall expressly state that the party has received a copy of this Covenant and shall abide by the terms hereof. L. Upon PERMITTEE's transfer of the PROPERTY to a successor in interest, PERMITTEE may apply to the CITY for a release of PERMITTEE's personal obligations set forth in this Covenant. The CITY shall execute the requested release if it is demonstrated that the successor in interest has fully assumed the obligations herein. M. As delegated by the State Lands Commission, the City hereby conveys State Lands Commission permission to the PERMITTEE to traverse the PUBLIC BEACH RECREATIONAL AREA to construct the seawall and to construct the seawall on public property. ACCEPTED AND AGREED: Dated C� f/LzCP Dated (Kota I certify on behalf of the City Council of the City of Encinitas, pursuant to the authority conferred by said City Council, that the City is authorized to execute tJLZ ' nantDated 2 - Z. �� By , Alan D. Archibald, P.E. Director of Engineering Services (Notarization not required) ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc3 Version: March 9, 1994 11:40 Page 3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of LOS &,Q e l>°$ ss. On 2C- naa ,beforeme, Sehv, oC(�C( {�f .C11C, Dan Name and T of Officer (e Jane Notary Publ _) personally appeared LA 2 L . 6n it Q Here.(() of Sgnar( UE ROGERS COMM. #1244290 n a -® NOTARY PUBLIC - CALIFORNIA r LOS ANGELES COUNTY My Comm. C)q3 Dec. 2, 2003 Place Notary Seal Above personally known to me improved to me on the basis of satisfactory evidence to be the person() whose name() isilare subscribed to the within instrument and acknowledged to me that he/she /they executed the same in 0isther,4her authorized capacity(iss), and that by his /heryttoeir signature(s-)-on the instrument the person, or the entity upon behalf of which the person(y) acted. executed the instrument. WITNESS my hand and official seal. ( /!� /A// �/ ✓ITS Sgnalore of Nola o ",o OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Cn le� a rZe �ar it GrCaNj T-oC-' &U(-% i}LL es Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner—[ -I Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: __ Number of Pages: RIGHT THUMBPRINT OF SIGNER 01999 NauwW Nwary ASSac�eon•91500e 5do AUe.,PO. B 2�•Ctabw ,CA913132g2•�iuporWndarywg P,o0 No 5907 Reorder Call Tel Fret l b]p 4]668]] CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 ss. County of L-OS dQS J On D C. ( 20 00 , before me, �e4nn k eQexs yt° Fub)-C , Da a Noma ene rnle d p.,'JaOae, Nolny ftJ ) personally appeared 121 r CL,O, CCk !�. Sd v,+„ Q Names) of Sigmr(s) =JENNOGER 244290 - CALIFORNIA COUNTY ec. 2, 20M Place Nolery Seal Above ❑ personally known to me Orproved to me on the basis of satisfactory evidence to be the person() whose name(tyfj Were subscribed to the within instrument and acknowledged to me that he /sheNAey executed the same in hiskterRheir authorized capacity0eS), and that by his/4.0their signature(ajon the instrument the person(S), or the entity upon behalf of which the person(p) acted, executed the instrument. WITNESS my hand and official seal. de'n PAZ e Spratury Puttl` � ` OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tide or Type of Document: Ca Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual a Top of thumb here • Corporate Officer — TBIe(s): ❑ Partner — LI Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: D 1899 Nawr,M NoYVy AvmeNb • 9950 a Sob Are . P 0 Boy NO3 • GelsraT. CA 91J1) } • wwx retwre8abry ag Pm Na. 5907 neoiider (.Y ToIFP,ee 1-0ODBIlE52l ATTACHMENT A TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [Richard R. Sonnie and Lupe L. Sonnie] PROPERTY DESCRIPTION: DOMINANT ESTATE All that portion of Blocks "B" and "D" in South Coast Park No. 2, City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at the Southeasterly corner of Block "B "; thence along the Southerly line of said Block "B" and the Westerly prolongation thereof into said Block "D" South 74 016'30" West a distance of 236.41 feet to a Point in the Easterly line of that portion of said Block "D" as conveyed by the South Coast Land Company to San Diego County, by Deed recorded in Book 1731, Page 258 of Deeds; thence North 23 009'50" West along said Easterly line of the San Diego County Land 50 feet to a Point; thence Easterly in a direct line across said Blocks "D" and "B" to a Point in the Easterly line of said Block "B ", said Point being North 23 034'45" West - record North 23 035'33" West - 50 feet from said Southeasterly corner of Block "B "; thence South 23 034'45" East - record South 23 °35'33" East - along the said Easterly line of Block "B" 50 feet to the Point of Beginning. Excepting any portion lying within Ponto State Beach as delineated and shown on Record of Survey Map No. 7038, filed in the Office of the County Recorder of San Diego County. Also, Excepting Therefrom all of the above described property that portion thereof, if any, now or heretofore lying below the mean high tide line of the Pacific Ocean. ADA /mm /jsg /f:rowmisc /tevar /te6751e2.doc4 Version: March 9, 1994 11:40 Page 4 ATTACHMENT B TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [Richard R. Sonnie and Lupe L. Sonnie) LOCATION: PUBLIC BEACH RECREATIONAL AREA Access to job site across Moonlight Beach State Park, Seaside Gardens Park, Encinitas Beach Park, State lands westerly of the Mean High Tide Line, and Ponto Beach State Pa rk. Job site with respect to public beach described on Barrier Plan, Sheet B1, which follows: ADA /mm /jsg /f:rowmisc /tevar /te6751e2.doc5 Version: March 9, 1994 11:40 Page 5 LEGEND D TRAFFIC DELINEATORS NEPTUNE AVE. D p D D D D D D TIDE LINE 7 u RETAINING WALL 12000 -' I Utz. D CONOON - JOHNSON 836 -860 NEPTUNE AVE, SHEE ENCINITAS, CA B 1 BARRIER PLAN SHEET 1 OF 7 • 111yr� • �NYY ATTACHMENT C TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [Richard R. Sonnie and Lupo L. Sonnie] DESCRIPTION OF ENCROACHMENT PERMIT AND PERMITTEE's DUTIES AND OBLIGATIONS 1.0 LOCATION OF ENCROACHMENT AREA The location of the beach access encroachment area is depicted on the map which is contained in Attachment B to this Covenant. 2.0 PURPOSE OF ENCROACHMENT: The purpose of the beach access encroachment permit is to entitle PERMITTEE to use the PUBLIC BEACH RECREATIONAL AREA as required for the construction of the seawall at the PROJECT SITE. 3.0 USE OF PUBLIC BEACH RECREATIONAL AREA 3.1 PERMITTEE shall submit to the City Engineer a written proposal setting forth the day[s], hour[s] and safety conditions in accordance with which PERMITTEE proposes to use of the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall. 3.2 The CITY 's Engineer shall expeditiously issue written direction setting forth the day[s], hours] and safety conditions reasonably necessary to protect the public from PERMITTEE's use of the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall. 3.3 PERMITTEE agrees not to go upon or use the PUBLIC BEACH RECREATIONAL AREA for any purpose involving the construction of the seawall at the PROJECT SITE on any day or at any hour, except in complete conformance with the terms and conditions of this Covenant which includes the written directions signed by the CITY's Engineer. 9.0 TERM OF ENCROACHMENT PE This COVENANT shall be effective upon its execution by the CITY and shall remain in effect until canceled by the CITY. ADA /mm /jsg /f:rowmisc /tevar /te6751e2.doc6 Version: March 9, 1994 11:40 Page 6 5.0 OTHER PROVISIONS In consideration of CITY's execution of this Covenant: 5.1 PERMITTEE waives the right to object to the formation of any geologic hazard abatement district, assessment district or maintenance district which includes within its boundaries the DOMINANT ESTATE and which concerns sand replenishment or the stabilization of the DOMINANT ESTATE property. 5.2 PERMITTEE agrees that if and when the CITY or a special district determines that it is necessary for the DOMINANT ESTATE to participate in a project which addresses the stabilization of the DOMINANT ESTATE property, the PERMITTEE shall either construct the project or pay PERMITTEE's fair share of the cost to construct such project. 5.3 PERMITTEE agrees not to develop in any manner the DOMINANT ESTATE except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms and the erection of structures of any type, except as permitted or authorized by CITY. 6.0 ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND POSSIBLE CONSEQUENCES: WAIVERS 6.1 ASSUMPTION ON RISKS BY PERMITTEE. PERMITTEE acknowledges and assumes the risk that: a. the design, construction, maintenance, or functioning of the seawall may not result in the stabilization of the DOMINANT ESTATE and may result in the destabilization of the DOMINANT ESTATE and may otherwise cause damage to the DOMINANT ESTATE, the public beach, persons, adjacent public or private property, or other property; b. The use of forth in Part destabilization c cause damage to persons, adjacent the vicinity; and the PUBLIC BEACH RECREATION AREA as set 3.0 herein above, may result in the >f the DOMINANT ESTATE and may otherwise the DOMINANT ESTATE, the public beach, public or private property, or property in C. Aspects of the seawall project may be judicially challenged by third parties. 6.2 WAIVER OF CLAIMS AGAINST CITY. For claims that are alleged to have arisen, directly or indirectly, from the plans, design, ADA /mm /jsg /f:rowmisc /tevar /te6751e2.doc7 Version: March 9, 1994 11:40 Page 7 construction, maintenance, functioning or failure of the seawall or from the use of the PUBLIC BEACH RECREATION AREA as set forth in Part 3.0 herein above, PERMITTEE unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. 6.3 PERMITTEE's waiver herein includes, but is not limited to, claims concerning PERMITTEE's use of the PUBLIC BEACH RECREATION AREA; alleged defects in the plan, design, construction, maintenance, or functioning of the seawall; alleged defects in the materials furnished in the construction of the seawall; alleged injury to persons or property allegedly caused by, or in any way related to, the seawall or PERMITTEE's use of the PUBLIC RECREATION AREA; or any alleged inverse condemnation of property as a consequence of the design, construction, maintenance or functioning of the seawall. This Section is expressly not intended to act as a limitation to the broad waiver set forth in Section 6.2. 6.4 PERMITTEE agrees that for claims that are alleged to have arisen, directly or indirectly, from the CITY's efforts to assist PERMITTEE in constructing a seawall or using the PUBLIC BEACH RECREATION AREA, PERMITTEE unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. 6.5 PERMITTEE's waiver set forth in Sections 6.2, 6.3 and 6.4 does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. 6.6 It is further understood and agreed that all of PERMITTEE's rights under § 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived with respect to claims against CITY and CITY's officers, officials, employees, and agents relating to the seawall or the use of the PUBLIC BEACH RECREATION AREA. Section 1542 reads as follows: 1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 7.0 ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND POSSIBLE CONSEQUENCES: INDEMNIFICATION AND HOLD HARMLESS 7.1 PERMITTEE TO INDEMNIFY AND HOLD CITY HARMLESS. PERMITTEE agrees to indemnify and hold CITY and CITY's officers, officials, ADA /mm /jsg /f:rowmisc /tevar /te6751e2.doc8 Version: March 9, 1994 11:40 Page 8 employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof including attorneys' fees, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of PERMITTEE or PERMITTEE's agents, employees, subcontractors, officials, officers or representatives in respect to the seawall or the use of the PUBLIC BEACH RECREATION AREA. Upon demand, PERMITTEE shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 7.2 PERMITTEE agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof including attorneys' fees, arising out of, or in any manner connected directly or indirectly with, the CITY's efforts or actions to assist PERMITTEE in the seawall construction. 7.3 PERMITTEE's indemnification and hold harmless obligation herein includes, but is not limited to, claims concerning alleged defects in the plans, specifications and design of the seawall; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the PERMITTEE's proposed plans, specifications or design so long as such change is objected to, in writing, by PERMITTEE, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 7.4 PERMITTEE's indemnification and hold harmless obligation herein includes, but is not limited to, claims concerning PERMITTEE's use of the PUBLIC BEACH RECREATION AREA; alleged defects in the plan, design, construction, maintenance, or functioning of the seawall; alleged defects in the materials furnished in the construction of the seawall; alleged injury to persons or property allegedly caused by, or in any way related to the seawall or PERMITTEE's use of the PUBLIC RECREATION AREA; or any alleged inverse condemnation of property as a consequence of the design, construction, maintenance or functioning of the seawall. This Section is expressly not intended to act as a limitation to the broad indemnification and hold harmless provisions set forth in Sections 7.1, 7.2 and 7.3. 7.5 By approving the improvement plans, specifications and design or by inspecting or approving the seawall or the use of the PUBLIC BEACH RECREATION AREA, CITY shall not have waived the protection afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of PERMITTEE who shall ADA /mm/jsg /f:rowmisc /tevar /te6751e2.doc9 Version: March 9, 1994 11:40 Page 9 remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as specifically provided above. 7.6 PERMITTEE's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 7.7 The CITY herein expressly does not waive any defenses, immunities or other protections from liability afforded to the CITY by the laws of the United States or the State of California, to include without limitation, the California Government Code. ADA /mm /jsg /f:rowmisc /tevar /te6751e2.doc10Version: March 9, 1994 11:40 Page 10 I /n/ f' r Recording Requested By City Engineer When Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC # -101-0197274 APR 03, 2001 4:42 AM OFFICIAL R COW SAN DIEGO COUNTY R COW'S OFFICE GREGORY J. SMITH, CM RECM FEES: 0.00 SPACE ABOVE FOR RECORDER'S USE 0-7w( COVENANT REGARDING REAL PROPERTY: )4(. HOLD CITY HhPK ESS FOR BLUFF FAILURE Assessor's Parcel Case No. 00 -062 MUP No. 254- 311 -05 Permit No. 6751TE W.O. No. 6751TE A. Richard R. Sonnie and Lupe L. Sonnie ( "OWNER" hereinafter) are the owners of real property which is commonly known as 858 and 860 Neptune Avenue ( "PROPERTY" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. B. In consideration of a Beach Encroachment Permit and a Major Use Permit by the City of Encinitas ( "CITY" hereinafter) , OWNER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER'S duties and obligations under ADA/ mm/ jsg /f:rowmisc /tevar /te6751h2.doc1 10e10a 1 JAN 90 FILE No. 529 12108 '00 12:15 ID :CTE ESCONDIDO 760 746 0163 PAGE 1 GRADING PLAN CERTZFICA ION FOR PERMIT NO . U 3/6�- 53B /vcpm,,c _ Se.. w. fl SOILS ENGINEER'S CERTIFICATE LfJSENO. 00- Lq&Z'g0P I, a registered civil engineer in the State of California, principally doing business in the field of applied soil mechanics, hereby certify that a sampling and study of the soil conditions prevalent within this site was made by me or under my direction between the dates S« 3410,,. x and One complete copy of the soils report compiled from this study, with my recommendations, has been submitted to the office of the City Engineer. Furthermore, I have reviewed these grading plans and certify that the recommendations included in the soils report for this project have been incorporated in the grading plans and _apecifigati.9rls. 117 SIGNED: �JV �C/� * �aorl on �rt✓:o✓S SfvJ:cS RCE NO.: Gir 2- -7 by otxc�s a„� �.oaJ Fti( (o.n rn'SS on EXP. DATE: Qc,tP+nblC Gl Cofcch nccl Cone +'' ^� OWNERS CERTIYICATB P,rf�r,,� �J I (WE) HEREBY CERTIFY THAT A REGISTERED SOILS ENGINEER OR GEOLOGIST HAS BEEN OR WILL BE RETAINED TO SUPERVISE OVER ALL GRADING ACTIVITY AND ADVISE ON THE COMPACTION AND STABILITY OF THE SITE. Signature DECLARATION OF RESPONSIBLE CHARGE Date I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPECIFICATIONS BY THE CITY OF ENCINITAS IS CONFINED TO A REVIEW ONLY AND DOES NOT RELIEVE ME, AS ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR PROJECT DESIGN. (NAME, ADDRESS & TELEPHONE NO. OF ENGINEER OF WORK) BY: Signature RCE NO.: EXP. DATE pol3846 Date - �y FLM FLORES, LUND & MOBAYED C ON S U L T I N G E NO I N E E R S December 7, 2000 City of Encinitas Engineering Services Department 505 S. Vulcan Ave Encinitas, California 92024 DEC 0 g 2000 Attention: Mr. Alan Archibald, Director of Engineering Services Project: Brown & Sonnie Residences — Bluff Repair; FLM #00027 Dear Alan: RAYMOND H. FLORES, S.E. CHIEF EXECUTIVE OFFICER WILLIAM R. LUND, P.E. PRESIDENT OMAR MOBAYED, S.E. VICE PRESIDENT The following are itemized responses to the comments provided by your office and its consultants at our meeting on December 5, 2000. Our responses address slight changes to the emergency repair design submitted by FLM Consulting Engineers (FLM) on March 15, 2000 and October 17, 2000. These changes will be incorporated in the field during construction. The modifications will later be included into the final set of as -built plans when the permanent coastal development permit is processed. The City engineering staff has suggested that these changes are preferable to ensure that such a permit will be granted without major retrofits to our original emergency permit design. 1: Based on our December 5, 2000 meeting, the applicants Brown and Sonnie (Owners) have indicated that they will attempt to comply with City staff comments regarding the landslide driving load of approximately 65 kips per lineal foot for the lower sea wall. This value is based on the 1998 American Geotechnical report, specific to their property. During design revisions in October 2000, FILM utilized load information compiled by Soil Engineering & Construction (SEC) for an adjacent property (816 Neptune), which indicated a design load of approximately 45 kips per lineal foot. SEC's data is the most current, thus being the basis for our decision to use the lower value. Regardless of this decision, the owners have directed FLM modify the latest wall design to resist the 65 kip value. Should the owners' soil engineer indicate a lesser driving force exists during field investigation concurrent with wall construction, owners have requested this information be passed on to FLM for consideration into finalized design calculations. 2: Owner has elected to retain the services of Construction Testing & Engineering to act as soil engineer of record and inspection agency. CT &E will work for owner directly. 7220 TRADE STREET, SUITE 12D • SAN DIEGO, CALIFORNIA 92121 -2325 • (858) 566 -0626 • (858) 566 -0627 "City of Encinitas Brown & Sonnie Residence December 7, 2000 Page 2 3: A report addressing City staff consultant Mr. James Knowlton's comments regarding slope stability will be provided as an addendum to the March 15, 2000 Coastal Development Permit application by Owners' soil engineer. 4: Actual elevation of Torrey sandstone will be determined during field investigation by Owners' soil engineer. FILM will review this information to confirm adequate beam embedment. Sandstone elevation will be depicted on finalized as -built plans. 5: Upper wall design, including caisson embedment in landslide debris, conforms to American Geotechnical recommendations (see sheet 2 of FLM calculations and 1998 AG report). Grade beam at base of upper wall ties caissons together laterally, along with wood lagging and shotcrete wall face (see plans). Lateral wall strength is provided by tie -backs in combination with soldier beam action. Per our December 5 meeting, any additional issues related to upper bluff wall(s) may be addressed at a later date. 6: Comment addressed during meeting on Tuesday, 5 December 2000. As also discussed during this meeting, Owners have indicated that they will direct contractor to install wood lagging down to 0' AMSL. Because such installation could further activate the upper landslide, however, the owners have indicated that they will follow the recommendation(s) of their soil engineer during such operations. Shotcrete installation will be addressed during the permanent permit application process. 7: Drainage detail is provided for upper and lower walls using geocomposite drain board and 4" � weep holes (see plans). We trust that these responses will satisfy any City concern that would stop the Owners from proceeding with the emergency work. Should you have any further questions, please call. Very truly yours, FILM CO ULTING ENGINEERS Michael A. McNeff, P.E. Structural Design Engineer Reviewed y: Raymond .Flores, S. E. C.E.O. FLM .v�wru�ws GRADING PLAN CERTIFICATION FOR PERMIT NO. &7617A' G'�9SE No. 00 -oloZ MvP I, a registered civil engineer in the State of California, principally doing business in the field of applied soil mechanics, hereby certify that a sampling and study of the soil conditions prevalent within this site was made by me or under my direction between the dates and One complete copy of the SOUB report compiled from this study, with my recommendations, has been submitted to the office of the City Engineer. Furthermore, I have reviewed these grading plans and certify that the recommendations included in the soils report for this project have been incorporated in the grading plans and specifications. SIGNED: RCE NO.: EXP. DATE: CANERS CERTIFICATE I (WE) HEREBY CERTIFY THAT A REGISTERED SOILS ENGINEER OR GEOLOGIST HAS BEEN OR WILL BE RETAINED TO SUPERVISE OVER ALL GRADING ACTIVITY AND ADVISE ON THE COMPACTION AND STABILITY OF THE SITE. Signature Date DECLARATION OF RESPONSIBLE CHARGE STRJCToP -AL a:LEM54T S I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, o t4L.( THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPECIFICATIONS BY THE CITY OF ENCINITAS IS CONFINED TO A REVIEW ONLY AND DOES NOT RELIEVE ME, AS ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR PROJECT DESIGN. '111, ADDRESS & TELE ONE N OF ENGINEER OF WORK) BY: Signs re RCE NO.: G I Oc)& 9 SE ►jo. l aoy pol3846 Z17 d 8608 ON MgftloNp it Roievs F4.ti-1 ��n�ccl{�ny tny,necrs 722a Trade- S+rcc- �s }elzo Son iii ego, &A 4� to ) 0 Date EXP. DATE Wd N OOOZ A '380 January 12, 2001 Mr. Alan Archibald City of Encinitas Engineering Department 505 S. Vulcan Avenue Encinitas, CA 92024 RE: Extension of Emergency Permit 6-00- 171 -G, approved Plans Dear Alan: First, thank you for coming to the beach yesterday and discussing the placement of the rip rap on the shorefront of Dr. Okun and Mr. Sorich. Mr. Sonnie and I did not have any of the rip rap placed on our properties, but did put some of the existing Ardath shale stones closer to our bluff. As you probably heard, the loss of sand material on our work "bench" was pretty severe the last few days. I understand Lee McEachem of the Coastal Commission will be visiting our work site this afternoon. The other purpose of this letter was to clarify what was needed to get our approved plans to the Coastal Commission. Our Emergency Permit expires on January 20, 2001. I have written a letter to Lee McEachem asking for the extension of the permit for 90 days because John Niven of SEC wants to work below where our grading was planned to be done. Our structural engineer, Mr. Mike McNeff of FLM, has understood that the calculations he submitted after our meeting with you on December 10, 2000 were sufficient for the plans to be approved and routed back to the Coastal Commission. The as -built plans would then be forwarded after the project was completed. We didn't know until January 10 ,2001 that the Project manager Mr. Masi Mahir had left to go on vacation on December 20, 2000 and won't return until February, 2001. I think he and Mike McNeff had communication the rest of us were unaware of In any event, I think a phone call with Mike McNeff will probably be the best way to facilitate what is needed. We increased the number of tiebacks from 12 to 26, increased the beam size to W24x117, reduced the width between beams from 8' to 6'9inches and also increased the beam length from 35' to a minimum of 43 feet. CTE geotechnical engineering was present observing all of the drilling and beam placement and their report will also be included after the project is completed. Hope to talk to you soon. Mike Brown Richard Sonnie T Cc: Lee McEachem and Gary C on, California Coastal Commission Mr. Mike McNeff, FLM Janyary 10, 2001 Mr. Lee McEachern California Coastal Commission 7575 Metropolitan Drive San Diego, CA. RE: Extension of Emergency Permit, #6 -00 -171 -G Dear Lee'. This is a request to extend the above referenced Coatal Emergency Permit for a period of 90 days beyond its expiration date of January 20, 2001. The original permit authorized a lower and upper seawall on the Brown/Sonnie properties at 836 -860 Neptune Avenue in Encinitas, California. The installation of our lower seawall is nearing completion but the contractor planning to build a seawall directly south of our properties for Dr. Len Okun has yet to recieve his Emergency Permit from the Coastal Commission. Therefore, approximately 3 weeks ago he asked us to delay any grading/construction above our lower seawall until he could shore up the Dr. Okun's house and lower bank. After yesterday's severe high tides and erosion on Dr. Okun's property, he is also requesting some immediate lower bluff protection in the form of temporary placement of rip rap. Heavy rains are also forecast for the next few days that could cause erosion on the upper bluffs. We look forward to hearing from you as soon as possible. Sincerely, Mike Brown Richard Sonnie �� .'rLA =l =xxC)a =xtla= January 10, 2001 Mr. Lee McEachern California Coastal Commission 7575 Metropolitan Drive San Diego, Ca Re: Extension of Emergency Permit, #6 -00 -171 -G Dear Lee: This is a request to extend the above referenced Coastal Emergency Permit for a period of 90 days beyond its expiration date of January 20, 2001. The original permit authorized a lower and upper seawall on the Brown/Sonnie properties at 836 -860 Neptune Avenue in Encinitas, California. The installation of our lower seawall is nearing completion but the contractor planning to build a seawall directly south of our properties for Dr. Len Okun has yet to receive his Emergency Permit from the Coastal Commission. Therefore, approximately 3 weeks ago he asked us to delay any grading/construction above our lower seawall until he could shore up Dr. Okun's house and lower bank. After yesterday's severe high tides and erosion on Dr. Okun's property, he is also requesting some immediate lower bluff protection in the form of temporary placement of rip rap. Heavy rains are also forecast for the next few days that could cause erosion of the upper bluffs. We will also request placement of 20 -60 tons of rip rap on our common property line with Dr. Okun. It is our intention to remove this rip rap and place it behind our completed seawall when Dr. Okun's wall is completed. We look forward to hearing from you as soon as possible. Sincerely, Mike Brown Richard Sonnie Long Law Offices of Stephen I. Ostrow E REPLY TO January 8, 2001 COMMUNITY DEVELOPMENT DEPT. PLANNING DIVISION City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 att: Michael J. Young re: Illegal Trail Across Beach Bluff Causing Erosion Property: 838 -878 Neptune Owner: Monica Sonnie and Mike Brown Case No. 00 -062 MUP /CDP/EA Dear Mike Young: �Wte 26U 2533 South Highway 101 Cardiff -by -the -Sea, CA 92007 "4944 -0066 ` �,'Ly ,SIN 0200, 1! CITY OF F ^1( —� AS My client is the owner of the property immediately south of Beacons Beach at 878 Neptune. Unfortunately the workers repairing the neighbor Brown's bluffs at 838 Neptune unlawfully cross the lower bluff underneath my client's property which is causing bluff erosion and separation at our location. There is total disregard for using the designated switchback trail at Beacons Beach. Last Friday I spoke with Bill Cotton who said he would inspect the subject lower bluff trail. The "bluff repair people" took down the guard rail so they may create a shortcut to their worksite. Quite ironic that the repair crew destroys the bluff at the sign "Illegal To Be On This Bluff Except On Designated Trails" in order to repair another bluff. It is a clear violation. The shortcut across the lower bluff is a regular pattern for the workers who do not want to walk the extra switchback on the trail. Unfortunate the trespass now looks like a trail and the surfers are using the access instead finishing the switchback down the trail. Additionally, if you inspect the lower bluff below the Brown's property, the heavy machinery used to repair the upper bluff is fragmenting the lower bluff. Again the irony, bluff deterioration as a result of another homeowners bluff restoration. Please inspect and take whatever action is necessary so that the bluff is maintained and this illegal action is ceased. Additionally, my client, Matthew Gordon, owner of 838 Neptune, did not get notice of the Notice of Filing Of An Application. Please put us on the notification list for all NECYCIED PdPFF Mike Young January 8, 2001 Page 2 matters conceming the project. Thank you for your cooperation- SO: bo cc: client Very t y urs, S HEN I. OSTROW GRADING PLAN CERTIFICATION FOR PERMIT NO. M COPSE iVp. Ofd -OGZ "y,/p SOILS ENGINEER'S CERTIFICATE I, a registered civil engineer in the State of California, principally doing business in the field of applied soil mechanics, hereby certify that a sampling and study of the soil conditions prevalent within this site was made by me or :ender my direction between the dates and One complete copy of the soils report compiled from this study, with my recommendations, has been submitted to the office of the City Engineer. Furthermore, I have reviewed these grading plans and certify that the recommendations included in the soils report for this project have been incorporated in the grading plans and specifications. RCE NO.: EXP. DATE: WNERS CERTIFICATE I (WE) HEREBY CERTIFY THAT A REGISTERED SOILS ENGINEER OR GEOLOGIST HAS BEEN OR WILL BE RETAINED TO SUPERVISE OVER ALL GRADING ACTIVITY H THE COMPACTION D STABILITY OF THE SITE. Y, 1 to Date / t DB6E&RATIOW OF RESPONSIBLE CHARGE I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT. THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF ThE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPECIFICATIONS BY THE CITY OF ENCINITAS IS CONFINED TO A REVIEW ONLY AND DOES NOT RELIEVE ME, AS ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR PROJECT DESIGN. (NAME, ADDRESS & TELEPHONE N0. OF ENGINEER OF WORK) BY: Signature RCE NO.: pol3846 EXP. DATE Date Memorandum Date December 6, 2000 To: Alan Archibald, Engineering Dept. City of Encinitas 505 S. Vulcan Encinitas, CA 92024 cc: FROM: Monica Sonnie w(714)568-5501 FAX (714) 744 -8534 Internet: msonnie@sjo.stjoe.org RE: Recording Fee for Beach Encroachment and Hold Harmless Covenants Alan: Our signed documents will be sent to you under separate cover, via Fed Express. However, here is a check for $64.00 to pay for the Recording Fees, as stipulated in the permit requirements. Please contact me if you have any questions, 714/568 -5501. Thanks. ( V D-cc", --,,e, C/ Zocc U o�u T P C�-o 4 0-� l� g 3 v N ep- 760 -�yz -J6z (3 C- 1Tj Fit November 30, 2000 Mr. Alan Archibald, Mr. James Knowlton, Mr. Masih Maher - City of Encinitas Engineering Department • = —' 505 S. Vulcan Ave. FNOV 0 2M En cinitas, CA 92024 � NG'� 1NFERIy`G.-ES n-v1C Dear Gentleman: We are writing this letter because of the extreme necessity to build a seawall on our properties. On March 15, 2000, engineer Mr. Mike Mc Neff of Flores, Lund, Mobayed(FLM), submitted a set of engineering plans and calculations to build a 100' long seawall and an upper wall/tieback retention system to the City of Encinitas for review. Upon request, Mr. Mc Neff, provided revised claculations on October 18, 2000. He had reviewed soils engineering reports of American Geotechnical (AGI) dated August 6, 1996 and March 5, 1998 concerning our properties. He also reviewed a report from Soils Engineering Construction dated August, 2000 concerning the property at 808 Neptune, two doors to the south of our properties. In addition, I gave him a number of source laboratory documents from Lockwood -Singh Geotechnical of Los Angeles that were pertinent to slope stability analysis, hydrology, and slide plane models developed using different calculation methods (Spencer, Bishop's, etc.) The City of Encinitas and the California Coastal Commission (CCC)was given these same documents. Mr. Mc Neff has submitted plans and calculations detailing a lower seawall designed to withstand 45 "kips" of load per lineal foot. Mr. Mark Johsson, geologist with the CCC has requested more anaysis of FLM in his letter of November 10, 2000. In recommending an issuance of an Emergency Coastal Permit, Mr. Johnsson states, "This recommendation is based on the recognition that life and property are now in jeopardy, and could be at greater danger during the upcoming rainy season. Accordingly, I do not recommend taking the time - probably several months -that would be needed for the applicant to fully address all of the concerns below ". The Brown and Sonnie families agree. We trust that the seawall Plans and Calculations submitted to the City of Encinitas by FLM are adequate to protect our homes from collapse. Further forensic geotechnical work is planned concurrent with the seawall construction with a final geotechnical report to be issued on completion of the work. We appreciate your immediate response to our situation. Brown, 836 -838 Neptune Avenue Richard and Lupe Sonnie, 858 -860 Neptune Avenue November 30, 2000 CITY OF ENGIA' , :- INEERAG SP Mr. Alan Archibald/Mr. James Knowlton/Mr. Masi Maher City of Encinitas Engineering Dept. via Fax 760/633 -2818 and mail 505 S. Vulcan Ave. Encinitas, CA 92024 Re: 838 — 860 Neptune Ave. Dear Gentlemen: We are writing this letter (in counterpart) because of the extreme necessity to build a seawall on our properties. On March 15, 2000, our engineer, Mr. Mike McNeff of Flores, Lund, Mobayed (FLM) submitted a set of engineering plans and calculations to build a 100' long seawall and upper wall/tieback retention system to the City of Encinitas for review. Upon request, Mr. McNeff, provided revised calculations on October 19,2000. He had reviewed soils engineering reports of American Geotechnical (AGI) dated August 6, 1996 and March 5, 1998 concerning our properties. He also reviewed a report from Soils Engineering Construction dated August 2000 concerning the property at 808 Neptune, two doors to the south of our properties. In addition, we supplied him with a number of source laboratory documents from Lockwood -Singh Geotechnical of Los Angeles that were pertinent to slope stability analysis, hydrology and slide plane models developed using different calculation methods (Spencer, Bishop) The City of Encinitas and the California Coastal Commission (CCC) were given these same documents. Mr. McNeff has submitted plans and calculations detailing a lower seawall designed to withstand 45 "kips" of load per lineal foot. Mr. Mark Johnsson, geologist with the CCC has request more analysis of FLM in his letter of November 10, 2000. In recommending an issuance of an Emergency Coastal Permit, Mr. Johnsson states: "This recommendation is based on the recognition that the life and property are now at jeopardy, and could be at greater danger during the upcoming rainy season. Accordingly I do not recommend taking the time — probably several months that would be needed for the applicant to fully address all of the concerns below" The Brown and Sonnie families agree. We trust that the seawall Plans and calculations submitted to the City of Encinitas by FLM are adequate to protect our homes from collapse. Further forensic goetechnical work is planned concurrent with the seawall construction with a final geotechnical report to be issued on completion of the work. We appreciate you immediate response to our situation and permit request. Sincer Rita onnie 858 -860 Neptune Ave. November 20, 2000 HAND DELIVERED Mr. Alan Archibald Engineering Department, City of Encinitas, 505 S. Vulcan Avenue Encinitas, CA. 92040 RE: Lower Seawall Construction Schedule, Brown/Sonnie, 836 -860 Neptune Avenue Dear Mr. Archibald: Background: On July 13, 1999, the City of Encinitas sent to me a certified Warning letter detailing the geotechnical danger on our bluffaces. One week from today, the Brown and Sonnie families had scheduled construction to start in building of a 100' lower seawall on their properties. On November 9, 2000, Mr. Lee McEachern of the San Diego Coastal Commission called me to say he was recommending that we recieve an Emergency Permit to build the seawall. Approximately three weeks ago Mr. McEachem had told me that the permit might contain conditions that the City of Encinitas, State Dept. of Parks, or other agencies might have for the lower seawall. I called Mr. Masi Maher of your Engineering Department twice to determine what conditions the City or related agencies may request. Each time he has told me he couldn't comment because he does not,st hale ncc Emergency Permit rn his hands. My fear is this process will cause yet another delay putting the project in peril. The formal plans for this Emergency blufface repair were submitted to your office on March 15, 2000. Additional Plan revisions and calculations have been submitted per request, the latest being October 20, 2000. To this day, the Plan reviewers of the Engineering Department and the Coastal Commission have never directly contacted the designer of our Plans, Mr. Mike McNeff of the Engineering firm FLM with any feedback. Summary: Enclosed with this letter is a copy of a newspaper article. Government officials from Represenative Duke Cunningham, Senator Diane Feinstein, Mayor James Bond, and City Mananger Kerry Miller are included. Mr. Miller is quoted, "is just one example of the imminent danger, threat to public safety and potential exposure to property loss due to the conditions of the coastal bluffs along the Encinitas coastline." This article was published in February of this year. Things have only gotten worse. Yesterday, November 19, another 1 to 2 ton blockfall occurred on the Brown/Sonnie property line. We assume all of these government officials and staff share our concern and wish us to proceed as quickly as possible in the Emergency Project. If any conditions need to be discussed, that needs to happen now. Sincerely, o/ Mr. Kerry Miller, City Manager Mr. James Bond, Mayor Mr. Masi Maher, Engineering Department Tragedy .proi ipts i ieet' ig to combat bluff erosion By Dv t M DamMs STAFF WRnER ENCINITAS — The death of a local woman in a massive bluff col- lapse last month has prompted a meeting with federal officials neat month to find a way to make the city's eroding bluffs safer. A spokesman based in the Wash- ington D.C. office of Rep. Randy Duke" Cunningham, (R Escondi- do) said late yesterday that, at the request of Encinitas officials, the congressman has invited represen- tatives from federal agencies such as the U.S. Army Corps of Engi- neers and National Marine Fisher- ies Service to attend the local gath- ering. National and local representatives of the federal agencies will be pres- ent, said Brandon Waters, Cunning- ham's press secretary. The Feb. 24 meeting likely will be held at City Hall. Also on the guest list is the state's coastline regulatory agency, the Cal- ifornia Coastal Commission. Gov- ernment groups such as the San Diego Association of Governments will be there, as will officials of Sola- na Beach, which has had similar problems with eroding bluffs. "Duke's office has been very co- operative in working with us to at- tempt to get all the key resources together," Encinitas Mayor James Bond said yesterday, voicing hope that the high -level meeting will bring progress. "I am very encouraged that well be able to resolve some of the con- cerns we have about sand on the beaches of Encinitas," Bond said. For the past seven years, Bond has wanted sand placed on the beaches, arguing that it's vital to buffer the force of waves on the bluff line. Thirty years ago, the city's beaches were wide and sandy, serv- ing as a natural safeguard. They have eroded to the point that at high tide only a few feet of sand exist between the bluff and the ocean`; I But the National Marine Fisher- ies Service has objected to Eiahini- tas' plans for sand dumping, saying dumped sand might erode offshore and cover delicate coastal ,refs. That could jeopardize the livelffib4d of commercial fishers who catdh bb- alone, lobster and fish that thrive iia the reefs. Natural erosion over the dec9des has resulted in so- called bluff'oder- hangs, cavelike indentations carved out at the foot of the bluffs. AFCorn- panied by urban runoff and irriga- tion on the land, erosion has lest €}re earth along the bluff line vulnerable to collapse. On Jan. 15, one of the latest'pve- ins sent thousands of tons of t*md and boulders onto an Encinitas beach, burying 30-year-old Reliecca Kowalczyk. The engineer's hits- band. Matthew, watched the-trage- dy from his surfboard offshore.. , Kowalczyk's death proarij?ted Bond to write Cunningham tb, .get agencies together to prevent col- lapses he deemed an "unfortunate and unnecessary loss of life." . City Manager Kerry Miller wrote a similar letter to Sen. Dianne Fe4 stein (D- Calif), saying the tragedy "is just one example of the imminent danger, threat to public safety'a d potential exposure to property -less due to the conditions of the coasW bluffs along the Encinitas coastline." Sent By: VULCAN MATERIALS LABORTr " ; 16192986613; Nov -30 ^n 8:24AM; s Vulcan 00, terials Co '"pahy 5745 Road San Diego, CA 92108 01 al'6: (a19) 298 -06, 1 Fax: (619) 298 -5613 I Faya 1 D ' DEC 0 12000 ENGINE RING RVICES CITY OF ENCINITAS COMPANY NAME: ATTN: Condon Johnson George Surrough PROJECT: FAX DATE: Encinitas Seawall (Neptune Drive) 11/30/00 SUBJECT: Submittal FROM / HEE /DESK OF: C.r 4a Mich FAX #: (858) 271 -8059 Please contact our laboratory w/ any questions you may have @ Ext. 4451 NUMBER OF PAGES: 10 Sent B+[: VULCAN MATERIALS LABORT00v ; 16192986613; Nov -30 - ^f) 8:24AM; Page 2 PALOMAR TRANSIT MIX J F _ P O. Box 461178 ESOOhdido, CA 92046 -1179 Main Office (760) 737,1486 • Fez N (760) 7:+72812 `;alFS 7-e '2<N ;i 80118 1A8 CONDOM JOHNSON 6 ASSOCIATES 11/30/2000 1840 CMBARCADERO OAKLAND, CA 94606 83G 860 NEPTUNE AV.,ENCINITAS Dear Sir; AS per your request we are submitting that attached concrete data sheet(a) containing Palomar Transit Mix 8Landsrd six design(s) for your approval for the above mentiol." project. The cement will be in acnordance with ASTH C -150, Type II, low alkali. The aggregates and ready sized ccncrrte will be from Sources as indicated on the data sheet(=). Each six can be expected to produce concrete meeting the acceptance criteria of ACI 318 -97, paragraph 5.3, for the respective compreaaive strength as Indicated provided the design slump and /or voter /cement ratio is not exceeded. of y submitted, C`6ssFy' ekl�nn Testinq "boratory Enclosure Attached Dispatch Office EsccrnLUu . OceanslUe (760) 480 8191 Sent By: VULCAN MATERIALS LABORTOov ; 16192988813; Nov -30 - ", 8:24AM; Page 3 PALOMAR TRANSIT MIX iT a _ P.O. aox 461179 Escondido. CA 92046 -1179 Main Office (7W) 7373486 • Fm F (780) 737 -2812 Sales Office Fax k (780) 480 -9486 Date: 30 -Nov -60 Vulcan Matl's Western DIV - SD Ready Mix °ale I Time: 07t37 hix ,W f,,ryn lw�igh + -s ann Vo'umer C. /32 da �ww � � - •S Y f �xawwa a.__ ___ _ Mix Humbert 303006 Product UQM; YD L Schedule plentt 96 Design slump: 4.00 3000 PSI P 28 Days Material Batch Percent Specific Absolute ---------------------------------------------------------------------- Quantity of Aggregate Gravity Volume CEMEMT 459.00 4 3.15 2.34 FLYASH 78.00 166 2.05 0.61 is CG 1394.00 41.87 2.89 7.73 3 /8`CG 564.00 15.98 2.74 2.95 WCS 1325.06 42.15 2.73 7.78 Water (gal. lbs.) 37.80 314.87 100 5.05 Admixtures. 15 1 0 0 VRDA -64 18. 06 0 WCS g, Air percentage 2.36 100 100 0, 54 W /(C•F) Ratio 0.59 62 42 mew 27,00 Aggregate Gra.dings Percent Passing Aggregate Sourcet 1 • C13 PALA 3 /80CG PALA WCS PALA Dispatch Office Escondido 1lceanside (780) 480 -6191 L SIEVE SIZE ----------------- 1 2 I -------------------- 1/2 1 314 112 318 4 8 16 ae 50 166 200 1• CG 1 100 100 160 85 ----------------------------------------- 35 12 3 (6 0 0 0 0 0 318•CG 1 100 100 100 100 100 95 15 1 0 0 0 a 0 WCS I lee 100 166 100 100 lee 98 82 62 42 19 7 3 .... a_s -x -z¢¢ sew. Iwwwc¢______z xwwwwww� ___aza¢_ww.wxx__x- :_ -____z wwww uwwx -awwww COMBINED 1 100 100 100 94 73 62 45 35 26 18 B 3 1 Aggregate Sourcet 1 • C13 PALA 3 /80CG PALA WCS PALA Dispatch Office Escondido 1lceanside (780) 480 -6191 Sent By: VULCAN MATERIALS LABORT00v ; 16192986613; Nov -30 - ^n 8:24AM; Page 4 t PALOMAR TRANSIT MIX PC) Bo. 461179 Escondido, OA 92046 -1179 Main Office (760) 737 -3486 . Fax # (760) 737 -2812 Sales Office Fax # (760) 480 -9486 Date: 30 34v -00 Vulca Mat.l'9 Ne�ter7� Div ggD Ready Mix Time: 67:39 pix Design «soh *.E a e Voluwrt 2 a1f 3!!! a !f !Q faF, fl0x if.C�39..lr��1f..2YSf! Mix Number: 344008 Product UOM: YD Schedule plant: 90 Design Slump: 20-30 4000 PSI ! 28 Days Material Batch Percent Specific Absolute -- - Quantity ---------------------------------•----------------- of Aggregate Gravity volume CEMENT 599.00 le 3.15 3.05 FLYASN 127.00 ----------------- I ------------------------------------------------------------- 2.05 0.99 3 /89cs 830.00 29.81 2.74 4.85 MCS 1945.00 70.19 2.73 11.42 Mater (gal. lbs.) 45.00 374.85 100 6.01 Admixtures: 95 15 1 0 VRDA-64 21.06 0 0 0.00 DARAVAIR 1000 1.00 100 100 0.00 Air percentage 2.50 62 42 0.68 V /(C.F) Ratio 0.52 lx. a�ssa=::... x_ x_ Iv_-__ oalwwwv. 27.00 Aggrnate Gradings Percent Palroing Aggregate Source: 3 /BwCG PALA MCS PALA Dispalcn UHice Err.OnW10 Ocea,mide (760) 4306191 1 SIEVE SIZE 1 2 112 1 3/4 1/2 318 4 8 le 30 50 10Y 200 ----------------- I ------------------------------------------------------------- 2/SmCG 1 100 lee 100 700 700 95 15 1 0 0 0 0 0 VCS 1 100 100 100 100 100 100 98 82 62 42 19 7 3 lx. a�ssa=::... x_ x_ Iv_-__ oalwwwv. zcocic. 1. vx_ o_ cxx sar..ffao___aza�c.....e___.___v COMBINED 1 100 100 100 100 100 99 73 58 44 2.9 13 5 2 Aggregate Source: 3 /BwCG PALA MCS PALA Dispalcn UHice Err.OnW10 Ocea,mide (760) 4306191 Sent By: VULCAN MATERIALS LABORTn °v 16192986613; Nov -30 -^^ 8:25AM; Page 5 CALIFORNIA PORTLAND CEMENT COMPANY 9350 OAK Cne,, 80A1, MOJAVE. CALIFORNIA 93502/ TEL. (805) 8242401 FAx 10081 024 AVOI Manufacturer's Certification We hereby certifv that Mojave Type IUV Low Alkali cement supplied to you has been manufactured in accordance with and meets the standard requirements of the current ASTM C 150 specification for TYPE 11 and TYPE V :.ement 1dditiona!:v, MJ- -e l'ype Il/V r nent rrmet the reguire-new of CaGr- a Standard Specifications .;ec. 96 paragraph 2.0! Following arc the avctage chemic3l and physi,W daIa for the month of September, 2000: Chemical Analysis TYPE 11 Requirements Silicon dioxide (SI02), min ,% M 200 Aluminum oxide 03), ma max,% 6.0 Ferric oxide (Fe203), max,% B.0 Magnesium oxide (MgO), max,% 6.0 Sulfur trioxide (S03), max,% Loss on ignition, max, t Insoluble residue, max,% Alkalies(Na20 +0.658K20), max,% Tricalcium silicate (C3S), % 0 Tricaidum aluminate (C3A), max,% Tetracaldurn aluminoferrile (C4AF),% T 04AF + 2 (C3A), max.% J Physical Data Air content of mortar, max,% Normal consistency,% Passing 45um (no. 325) sieve, Fineness, specific surface, min,m'lkg Autodave expansion, max,% Compressive Strength min, Mfa, p,i)T 3 days 7 days 28 days (from previous month) Vicat, initial set, min.- max.,minutes C 1038,14 day max, % expansion C 452, 14 day max, % expansion (40) False Set, final penetration, min,% 3.0 3.0 0.75 a_sa 0 12 280 0.80 100 0450) 17.0 (2470) 28.0 (4060) 45 -375 0.020 50 TYPE V Requircmcnts e.0 2.3 3.0 0.75 0.80 5 t1C7 Y 251,0 12 P E 280 0.80 80 (1180 15.0 (2180) 21.0 (3050) 45-375 0.020 0.040 50 tit OJA V E 7, V1,19 IIII V 21.46 3.30 3.61 1.93 2.82 t"' 1.77 0.24 0.58 63 3 11 17 6.1 26.4 98.0 397 -0.01 24.9 (3605) 32.7 4736) 46.4 (6583) 105 0.006 0.027 86 Apparatus and methods used in this labaaldry have been checked by the Cement and Caxrete Reference laborahxy of the National IrlsaNta o1 Standerda end Techno1ogy. MMm Oxides era anatfted by X49y Fluorescence %F-hr -Rey. Applicable ASTM C: 150 Notes Table 1 Note 0 There are roses where cptmum SC3 (using Test Method C%31 V a part culel cement a dose to or in escess of Irie Won n ton specdoahon In such cases where prgwim, of a cement can be Improved by secoedeg Ne so3 WnE stated m thin lode, it Is pe+mnsde 10 exceed the values an the lade, p0vded n has been demonsUeted by Test Method C IOU that the cement w1h the wleafad SW will not devebp a.penswg m waler exceedng 002011 at 14 dop when the manufacturer ,Wp[es ,TgnI under this prwnxn. he shah. upon r iIi sylpv sug"N data to the purchaser Table t Note C Does not epdy -hen the Opt -one! smote nn,atance Iron rs specel°d 0 When the Sulfate resRwrce n M1edhad, it Shall be x WYJ of IV Wilt of C3A and CUF -X3A jr:>Id 5 Kerit., Jy, Oualky Control eu -rin! ndent Sent By: VULCAN MATERIALS LABORTrl"" ; '3192988813; Nov -30 "., 8:25AM; Page 6 Z'hcenix Cmre;,t Company Cltrkda1c, Arizona 86324 FLYAS-1 CERTIFTCATIOCI - - ----- -- ----------------------------------- ----- --------------- -- -- ---�--- PA:•w?!A?. TRANSIT MTX CO. AT'ffi: BILL HAAROC Source: ?� Ceraers P C DID , CA 9 Specifications: ASTH C- GI6-9£ ESC {sMDIDO, CA. 9 <'.OSb-11e5 $ample /Te^.tinq Method: ASIA C- 371 -W7k Lit ID: .5270 Date: '9 -c5 -00 CMLWCAL ANALYSIS: Totnl: OL02 + Al2O3 + Fo203 •• SL.cS 5::::Ur T:ioxida, SIDS .31 ? Loss on igniriort q (. y6 abie Alkalies as Na-.0 0.56 S M;isr.ute Content U - ;;h s Y. ?aCGG[ 5E_ PHYSICAL CATAo. Ficaryss ( +325) - 77.0 Poa•r_olanic Activity Index 7 day with lime 26 day with cement (t of control) - 65.57 1 F•^.tnr reTjifoment 55.87 'a A,t.celavc Fxiansi.an or Contraction 0.U4 -e Cnifotmity Requirements 5pocific Gravity (Var Irom avg) 1.75 2ineneaa (var Cror. av;) C Fr •1 : ^r:tifiC Gra'ri L% - 7, C. All teaz3 ha+v bven mare in stt.C= aecordAnce with the r:urre.1t stdnde:d3 of th4 A.%- !xican Society fo: Testing and Materials rave -Lnq the Lype of a'lyash specified above. LilIJW�I i.ei Gorby, OL 31 l C} Con[ M.+naaer Sent By: VULCAN MATERIALS LABORTO °y ; 11' P R O D U C T Description WRDA' 64 is a p3lyma based aqueous solution of complex organic compounds. WRDA 64 is a ready -to -use low viscosity liquid which is factory pre -mixed in exact proportions to minimize handling, eliminate mistakes and guesswork. WRDA 64 contains no calcium chloride and weighs approximate- ly 1.21 kg/L (10.1 lb/gal). Uses WRDA 64 produces a concrete with lower water content (typical- ly 8 to 10% reduction), greater plasticity and higher strength. It is used in ready -mix plants, block and concrete product plants, in lightweight and prestressed work ... wherever concrete is produced. Advantages WRDA 64 offers significant advantages over single component water reducers. Water reduction and setting times arc more consis- tent due to the polymer compo- nents. WRDA 64 also performs especially well in concrete con- taining fly ash and other pozzolans. � 1 1619298861 Page Water - Reducing Admixture ASTM C 494, Type A and Type D The use of WRDA 64 produces a p!.st:c c..-tcare thst is it re workabiz, easier to place and more finishable than plain or other admixtured concrete. In the hardened state, WRDA 64 con- crete has higher compressive and flexural strengths at all ages than untreated or conventional admix - tured concrete. The greater degree of plasticity achieved, compared with conven- tional warer - reducing admixtures, allows improved finishability. Finishability tirisitem ha-.T st ted that r! . c_nren• paste, or mortar, ;a NVRDA 64 admixtured concrete has improved trowelabil;ty. Tne influenr- of WRDA 64 on the fin - ishabiiity of lean mixes has been particularly noticeable. Floating and troweling, by machine or hand, imparts a smooth, close tol- erancc surface. GRANGE Constructton Products Sent,E•y: VULCAN MATERIALS LASORT' -" ; P R O D U C T Descrip'.ion Daravair' 1000 is a liquid air - entraining admixture that provides freeze -thaw resistance, yield control, and finishabiliry performance across the full range of concrete mix designs. Daravair 1000 is a clean, light- orange product designed to generate specification- quality air systems. Based on a high -grade saponified rosin formulation, Daravair 1000 is chemically similar to vinsol based products, but with increased purity and supply dependability. Uses Daravair 1000 air - entraining admixture may be used wherever the purposeful entrainment of air is required by concrete specifica- tions. Formulated to peftorm across the entire spectrum of production mixes, Daravair 1000 generates quality, freeze -thaw resistant air systems in concrete conditions that include the following: • Low Slump • Paving • Central Mix • Extruded Slip Form • Mixes Containing Hot Water and Accelerators • Precast • High Cement Factor 16192986613; Nov -30 I N F O R M A T 1 O N ? 2EW; Page o "^ - .n 'd Daravair` 1000 Air - Entraining Admixture ASTM C 260, AASHTO M 154 ti • Fly Ash an.! Slag • ;uperpiastit:iters • Manutacrured S,.nds Ai:•5-! -, -g Act cr Air is incorporated into the con- crete by the mechanics of mixing and .tabilizcd into millions of dis- crete umi•microscopic bubbles in the presence of a specifically designed air - entraining admixture such as Daravair 1000. These air bubbles act much like flexible ball bearings increasing the mobility, or plasticity and workability of the concrete. This can permit a r:111'110t. in nuMdg water :•'th •o !os• of s,amp. floc- ability is nuptoved. Bleeding, plastic shrinkage and segregation are mininn.cd• Throulsv the purposeful entram- mcnt of air, Daravair 1000 ittarkcdl: incrcascs the durability of concrete to severe exposures particularly to frcczittg and thaw- ing. It has also demonstrated a remarkable ability to impart resis- tance ui the action of frost and deicing salts as well as sulfate, sca and alkaline waters. 1 IV conslruc')On Sent Cy: VULCAN MATERIALS LABORTO -v ; 16192986613; Addition Rate The addition rate range of WRDA 64 is 195 to 390 mI1100 kg (3 to 6 fl oz/100 lb) of cement. Pretesting is required to determine the appropriate addition rate for Type A and Type D performance. Optimum addition depends on the other concrete mixture com- ponents, job conditions, and desired performance characteristics. Dispensing Equipment A complete line of accurate, auto- matic dispensing equipment is available. WRDA 64 may be introduced to the mix on the sand or in the water. Compatibility with Other Admixtures WRDA 64 is compatible in con- crete with all air - entraining admixtures such as Darex° 11 AEA and Daravair*. Due to the slight air- entraining properties of WRDA 64, itself, the addition rate of air- entraining admixture may be reduced by about 25 %. By combining the separate effects of air - entraining and dispersion, the water requirement of concrete may be reduced up to 15 %, EACH ADMIXTURE SHOULD BE ADDED SEPARATELY While WRDA 64 contains no calcium chloride, it is compatible with cal- cium chloride in concrete mixes. Again, each should be added sep- arately. Packiging WRDA e4 is ivai!able in bull., dchvered by metered tim( trucks, and In 210 L (55 gal) drums. WRDA 64 contains no flammable ingredients. It will freeze at about -2'C (28 -17), but will return to full strength aster thawing and thor- ough agitation. Architects' Specification for Concrete Water - Reducing Admixture Concrete shall be designed in accordance with ACI Standard Recommended Practice for Selecting Proportions for Concrete, ACI 211. W.R. Grace & Cu: Conn. 62 Whinemore Avenue Cambiidgy MA 02140 Nov -30 8:26AM; Page 8 J The water- reducing (or water - reducing and retarding) admix- ture shall be WRDA 64, as manufactured by Grace Construction Products, or equal. The admixture shall not contain calcium chloride. It shall be used in srrict accordance with the man - ufacturcr's recommendations. The admixture shall comply with ASTM Designation C 494, Type A water- reducing (or Type D aa.;r- r °ducir.� and re udir:gl adirix,wes. Ccrtitication of coin p:ianc° shall be made available on request. The admixtM,: s(.all be considered part of the total water. The admixntrr shall be delivered as a ready -to -use liquid product and shall require no mixing at the batching plant or job site. N(Lt (tia W Waver T.wa eM�.e4, M �.k 4,w k l�.<r. �. n^P w.rre.MnM w�I o-.swan..,.ai mww�wnbw wA,nr+e na.ded bd„r.,�r..vy�^.Y .ee8 ypr n J ieew uM.a . rawv.odxw w',Tm, i k �L+h'7 ��•a.da to C.= kCnlm, u�Oe,,,iwe AnaYe. GYw4MA0:�M. In L.4• IMflan. L.l, wq, LIS iC". Tta, h06R, n, Or<T,M Lf MIN,wMene Pndny 4q,tglt lwbvn Le.4 Co; Unrt CMPIW: I�irdm U5 A. 4'N i..Y:W,u GRACE Construction Products r C Sent,Gy: VULCAN MATERIALS LABGRTr" ; 16192986613; Compatibility with Other Admixtures Daravair 1000 air - entraining admixture is fully effective and compatible in concrete with ocher admixtures. EACH ADMIX- TURE, HOWEVER, SHOULD BE ADDED TO THE CON- CRETE SEPARATELY. Addition Rate There is no standard addition rate for Daravair 1000 at.- entraining admixture. the amount to be used will depend upon the amount of air required for job conditions, usually in the range of 4 to 8 %. Typical factors which might influence the amount of air - entraining admixture required are, temperature, cement, sand gradation, and the use of extra fine materials such as fly ash and microsilica. Typical Daravair 1000 addition rates range from 50 to 200 mL/100 kg (314 to 3 fl oz/100 Ibs) of cement. The air - entraining capacity of Daravair 1000 is usually increased when other concrete admixtures are contained in the concrete, particularly water - reducing admixtures and water. reducing retarders. This may allow up to a two- thirds reduc- tion in the amount of Daravair 1000 required. Mix Adjustment Entrained air will increase the volume of the concrete making it necessary to adjust the mix pro - porrions to mainrain the cemeltt r-c* it ..ad i:eid. This may be acromplishe- by a -eduction in water requirement and aggregate content. Dispensing Equipment A compl —e lute of accurate auto- matic dispensing equipment is available. These dispensers can be located to discharge into the water line, the mixer, or on the sand. Packaging Daravair 1000 air - entraining admixture is available in bulk, delivered by metered tank trucks and in 2101. (55 gal) drums. Daravair 1000 contains no flam- W.R. Grace & Ca -Conn. 62 Vrhirrcnlore A.'enue (:ambridge, Mrs 02140 Nov -30 ' ?.261M; Page '0,'0 mahle ingredients. Daravair 1000 will freeze at about -1 °C (30 °F) but its air - entraining properties are completely restored by thawing and thorough mechanical agitation. Architects' Specifications Concrete shall be air entrained concrete, containing 4 to 8% entrained air. The air contents in rha concrete shall he det, rmire J by 0,r p %. %4 ,e method i ?.Sim DwiEnation C. 231) or vrlcme.ric method iASTM Designation C 173).'1 he e:rentraining admix- ture shall L: n completely neutral- ized rosin solution, such as Daravair 1000, as manufactured by Grace Construction products, or equal, and comply with standard specification for air - entraining admixture; (ASTM Designation C 260). The air - entraining admixture shall he added at the concrete mixer or batching plant at approximately 50 to 200 mL1100 kg (3/4 to 3 fl oz/1001bs) of cement, or in such quantities as to give the spec- ified air contents. Iu �.yku�val SV {�eenup+eM l°°1i7j CarinK IM'Wtr/ari1'0 -Cv A2.111 trvl L'34 n FNWW... GRACE Construction Products LEGEND — PROPOSED HAUL ROUTE o TRAFFIC CONES COAST HWY 2ND STREET 3RD STREET 4TH STREET 5TH STREET 0 J m Q H Z U Z w C f H lw w H m y o 0 0 0 0 REST— 0 I ROOMS SNACK o 0 BAR o� F VOLLEYBALL COURTS 0 0 o O / O 0 ° MOONLIGHT DL^ ,n L 0 CONOON - JOHNSON 836.880 NEPTUNE AVr�'b SHEET ` "'� u ir-' l ENCINITAS, CA 'e> 6., A 1 ACCESS PLAN SHEET i DE i 1M �1� \kr1Yr�.Y �1 I��RYY 1�11�YM LEGEN D TRAFFIC DELINEATORS NEPTUNE AVE. 858 -860 836 -838 RETAINING WALL 17 D ° ° D 0 , v I ° ° V I m:c 0 1 2000 ° BEACH D D ENGINEERING SERVI ES D CITY OF ENCINITAS D p D D TIDE LINE CONDOM - JOHNSON 836.860 NEPTUNE AVE. n. „, s "E� ...a-.-.JT ,��. ENCINITAS, CA b R ,_ B 1 ...�.sa.....M BARRIER PLAN SHEET 1 OF 1 n1.r�N��YYn� • Rp.rr . I�AYYi 1;ak� CONDON -J 0HN_0N & A S S O C I ATE S, I N C. CONTRACTORS AND ENGINEERS Case 00 -062 MUP {Coastal Bluff Repair @ 836 -860 Neptune Ave } Beach Encroachment Application 6751 T A.P.N. 256-011-17, 254-311-05 CONSTRUCTION EQUIPMENT Piling Drill Rig 2. Tieback Drill Rig 3, Grout Plant 4. Compressor 5. R/T Crane 6 Concrete Trailer Pump 7. P/U Trucks 8. Material and Equipment Delivery Trucks DEC 0 12000 GENERAL ENGINEERING • SNORING • CAISSONS 1840 EMBARCADERO, (94606). P O BOX 12368. OAKLAND, CA 94604. TEL (510) 534 -3400 • FAX: (510) 5343421 11040 SANTA MONICA BLVD.. SUITE 300. LOS ANGELES, CA 90025 • TEL (310) 5751600 • FAX: (310) 575 -1606 651 STRANDER BLVD., SUITE 110. TUKWILA, WA 98188 • TEL: (206)575-8248- FAX (206) 575 -8354 9747 BUSINESSPARK AVE., SUITE 217, SAN DIEGO. CA 92131 • TEL (858) 271 -9174 • FAX: (858) 271-8059 C ON DO N -J O H N —,IN & ASS 0 C I A T E 5. IN C. A CONTRACTORS AND ENGINEERS November 27, 2000 City of Encinitas Engineering Services Dept. 505 S. Vulcan Avenue Encinitas, CA 92024 Attn: Director of Community Services Dept RE: Case 00 -062 MUP {Coastal Bluff Repair @ 836 -860 Neptune Ave.} Beach Encroachment Application 6751 T A P. N.256- 011 - 17,254- 311 -05 Contractor Responsibility Dear Sir or Madam: This letter is to acknowledge that Condon - Johnson & Associates, Inc. (CJA) will be liable for any costs to correct damages to the beach or adjacent areas resulting from emergency permit work undertaken by CJA on the above referenced project. In addition, CJA acknowledges that during the period of our work, construction debris washing onto the beaches within one mile north or south of the work site shall be the responsibility of CJA and shall be removed at no expense to the City of Encinitas. Construction debris is defined as any lumber, piling, crates, boxes, containers and other objects that could be used for construction identical to that being used on the project site. Sincerely, Condon - Johnson & Assoc.. Inc George Burroug DEC 0 1 2000 Area Manager GENERAL ENGINEERING • SHORING • CAISSONS 1840 EMBARCADERO. (94606), P.O. BOX 12368. OAKLAND. CA 94604 • TEL (510) 534 -3400 • FAX: (510) 5343421 11040 SANTA MONICA BLVD., SUITE 300, LOS ANGELES, CA 90025 • TEL (310) 575 -1600 • FAX: (310) 575 -1606 651 STRANDER BLVD, SUITE 110, TUKWILA, WA 98188 • TEL (206) 575-8248 • FAX (206) 575-8354 9747 BUSINESSPARK AVE., SUITE 217, SAN DIEGO, CA 92131 • TEL (858) 271 -9174 • FAX: (858) 271 -8059 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT U State of C QXNV County of `1 .N'\ Ql�;cV" j� ti e1, NAME TITLE OF OFRCER - E.G.. 'JANE DOE, NOTARY PUBLIC' On i 1yOffT4 To , I , ACC's . before me, DATE personally appeared U NAME(S) OF SIGNER(S) ❑ personally known to me - OR - S proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)� is /are subscribed to the within instrument and ac- knowledged to me thatChe /she /they executed the same in his/tier /their authorized capacity(ies), and that by his /her /their NANCY A. COL t signature(s) on the instrument the person(s), comm. #1257238 rn h�i re` Notary PuNic- California to or the entity upon behalf of which the SAN w , � omen. E GO COUNTY 18, person(s) acted, executed the instrument. My Comm. Exp. March 18.2004 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT `DJr1 1 E OR TYPE OF bocuMENT ` k j t NUMBER OF PAGES 1 ti?"-wl ,__4) 'D, %i ;_COZD DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SAN -11 -2001 THU 16:14 ID:COASTAL COMMISSION TEL1619767 2384 P:02 BTAT! Or CAL*ONIMA -TN! AEGMACI4 A"NOy WAY DA13B, 001 W CALIFORNIA COAS'rAL COMMISSION BAN DIEGO MIA 7676 M!TROPOUTAN DMNI, SUITB 10.3 BAN DIEGO, CA 111064402 )610) 7674374 EMERGENCY PERMIT Applicant: Mike Brown Date: Emergency Permit No. 8 -01- 12 -0 -0 LOCATION OF EMERGENCY WORKI On the beach below 838 -838 Neptune Avenue, Encinitas, San Dlego County. WORK PROPOSED; Temporary placement of approximately 2 to 8 lineal feet, 5 to 7 feet -high rip -rap on the public beach consisting of Y5 -ton to 2 -ton quarry atone. (reference attached site plan by Soil Engineering Construction) Placement of the rip -rap, behind the seawall (currently under construction) Is not authorized. This letter constitutes approval of the emergency work you or your representative has requested to be done at the location listed above. I understand from your Information and our site inspection that an unexpected occurrence In the form of wave action eroding the lower bluff resulting bluff sloughening and creation of tension cracks below the subject properties which requires Immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. 14 Cal. Admin. Code Section 13009, The Executive Director of the Coastal Commission hereby finds that: (a) An emergency exists which requires action more quickly than permitted by the procedures for administrative or ordinary permits and the development can and will be completed within 30 days unless otherwise specified by the terms of this permit; (b) Public comment on the proposed emergency action has been reviewed if time allows; (c) As conditloned, the work proposed would be consistent with the requirements of the California Coastal Act of 1978. The work is hereby approved, subject to the conditions listed or the attached page. Sincerely, PETER M. DOUGLAS ExecL#yo Director 'By: DEBORAH EE' Deputy Director JAN -11 -2001 THU 16: IS ID,COASTAL COMMISSION TEL:619767 2364 P:03 Emergency Permit Number: 13.01 -12 -G Dote: 1/11/01 ,CONDITIONS OF APPROVAL: 1. The enclosed Emergency Permit Acceptance form must be signed by the PROPERTY OWNER and returned to our office within 15 days. 2. Only that work specifically described In this permit and for the specific properties listed above Is authorized. The construction, placement, or removal of any accessory or protective structure, including but not limited to, stairways or other access structures, walls, fences, etc. not described herein, are not authorized by this permit. Any addltlonal work requires separate authorization from the Executive Director. 3. The work authorized by this permit must be completed within 30 days of the date of this permit (Le., by February 10, 2001). 4. The emergency work carried out under this permit Is considered TEMPORARY work done in an emergency situation and shall be removed In Ito entirely within 120 days of the Issuance of this permit (i.e., by May 11, 2001) unless a regular coastal development permit is approved to maintain the rip -rap for a longer period of time as an Interim measure. 6, In exercising this permit, the applicant agrees to hold the California Coastal Commission harmless from any liabilities for damage to public or private properties or personal Injury that may result from the project. 7. This permit does not obviate the need to obtain necessary authorizations and/or permits from other agencies (e.g. State Parke and Recreation, Dept. of Fish & Game, U.S. Fish & Wildlife, U.S. Army Corps of Engineers, State Lands Commission, City of Encinitas). B. Prior to the commencement of the construction, the applicant shall submit to the Executive Director, evidence that the project has been reviewed and approved by the City of Encinitas. 9. The temporary rip -rap shall be placed as far inland as possible. No local sand, cobbles or shoreline rocks shall be used for backflll or for any other purpose as construction material. During both the construction and removal stages of the project, the permittee shall not store any construction materials or waste where It will be or potentially be subject to wave erosion and dispersion. Within 6 days of completion of construction, the permittee shall remove from the bluff face and beach area any and all debris that results from construction of the approved development. 10. Within ten days of Issuance of this emergency permit, the applicant shall submit for review and written approval of the Executive Director, evidence that a performance bond or other bonding mechanism, In a form and content acceptable to the Executive Director, has been accepted by the City of Encinitas for an amount sufficient to cover the removal of the rip rap. The bond shall remain In effect until the rlp -rap has been removed or alternative measures have been constructed with approval by the City of Encinitas and the Coastal Commission. If you have any questions about the provisions of this emergency permit, please call the Gary Cannon at the Commission's San Diego Coast Area Office at the address and telephone number listed on the first page. JAN -11 -2001 THU 16:15 ID:COASTAL COMMISSION TEL:619767 2994 P:04 GRAY DAVID, Oohm 6TATR W CALWORMA -THE REe011ROE6 AGENCY _ x CALIFORNIA COASTAL COMMISSION DAN DIEGO AREA 1675 MWrROPOUTAN GRIVE. DUItE 103 DAN DIEGO, CA 13106 -I40 p +4 75T•wro EMERGENCY PERMIT ACCEPTANCE FORM TO' CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 7576 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92106 -4402 (619) 767 -2370 RE: Emergency Permit No. 6-01-12-G INSTRUCTIONS: After reading the attached Emergency Permit, please sign this form and return to the San Diego Coast Area Office within 15 working days from the permit's date. I hereby understand all of the conditions of the emergency permit being Issued to me and agree to abide by them. Signature of property owner Name Address Date of Signing (O ;Wm DlAeotEm�Ip6ncyY 0G 71-0 brown Rlprep W.d") JAN -11 -2001 THU 1G:1S ID:COASTAL COMMISSION 01/10/2001 14:25 FAI 7 19472 SEC JAN 1 0 20a1 CALIFORNIA s COASTAL co""'Xao r)iV 5AN 01tGO CUF,ST l)ISTFirT TEL:619767 2394 C �y�lr?�{ W � � � � W 42 vz o caws ote IE 0 --•— 1- i a L" < Y 4 O b i g gA C') P: OS 002 E } I It i i I I t i t I t STATE OF CALIFORNIA, - ❑IE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 MEMOPOLrrAN DRNE. SUITE 107 SAN DIEGO. CA 92109-4402 (619) 7672770 Mike Brown 1266 Alki Avenue SW Seattle, WA 98116 NOTICE OF ACCEPTANCE Date: December 8, 2000 Applicant: Mike Brown/Richard Sonnie Document or Plans: 1. Evidence that 55.000.00 deposit made with the Citv of Encinitas to assure debris removal. I Temnorary permit from CAL OSHA ailoLh n plan check to occur by City. Submitted in compliance with Special Condition(s) No(s).: 9 of Coastal Development Permit No. 6-00 -1%1 -G Remaining Special Condition(s) that need to be satisfied before development may commence: 6 (proof of other permits), 7 (final plans approved by the City of Encinitas) and 8 (Evidence from CAL OSHA that plans are acceptable). Material submitted in compliance with said Special Condition(s) of your emergency permit has been reviewed by the District Director and found to fulfill the requirements of said condition(s). Your submitted material and a copy of this letter have been made a part of the permanent file. Sincerely, Deborah Lee Deputy Director n �j By: cc: Monica Sonnie City of Encinitas (G'.\San DwgoLLEE\600-171.(;NOA.dm) GRAY DAVIS. C.a.v,.v,. Emergency Permit 6 -00 -171 -G November 20, 2000 Page 4 EMERGENCY PERMIT ACCEPTANCE FORM TO: CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108 -4402 (619) 767 -2370 RE: Emergency Permit No. 6 -00 -171 -G SITE HISTORY In June of 1996, a substantial landslide occurred just south of Beacon's Beach in the City of Encinitas, affecting several residential properties, including the properties subject to this emergency permit. In response to the landslide and the property owners' requests, the Executive Director of the Coastal Commission issued a number of emergency permits to several property owners for various types of structures to address the emergency situation. Three emergency permits each were issued to Mike Brown and Richard Sonnie. These emergency permits included the construction of a deadman system on the top of the bluff for each property (which were constructed and remain in place today), the construction of a shotcrete wall and soil nails (tiebacks) at the upper bluff (which were constructed; one remains in place and one failed in 1999), and the placement of riprap on the beach to protect the properties from wave action (this emergency permit was never carried out by the property owners and subsequently expired). Each of the emergency permits that were issued and signed by the property owners included a requirement that a follow -up regular coastal development permit be NcrC� obtained for the emergency measures. To date, neither of the property owners has obtained a follow -up regular permit, in violation of the terms of the emergency permit. Subsequent to completion of the emergency repairs, several property owners and the City were party to litigation regarding the landslide and no further repairs or permits were sought until May of 1999 when the upper bluff shotcrete wall failed at 836 -838 Neptune Avenue (Mike Brown). At that time, the property owners subject to this request submitted an emergency permit request to construct a seawall and upper bluff repairs. However, the request was rejected by the Executive Director due to lack of information IJaTE 2 and the fact that there was no proposal designed by and under the direction of a licensed engineer. No plans, geotechnical information or other relevant information was submitted and the property owners were notified in writing of the need to provide such information. While engineered plans were received with the current emergency permit request, relevant and up to date geotechnical information addressing current site conditions or reasons for past failures of protective measures still has not been submitted. Coastal Commission staff has again requested such information. Emergency Permit -00 -171 -G November 20, 2000 Page 5 ACKNOWLEDGEMENTS In acceptance of this emergency permit, I acknowledge that Coastal Commission staff has requested additional geotechnicaVengineering information addressing current site conditions NeT-L 3 and reasons for past failures of protective measures as it pertains to the subject proposed emergency measures. I have refused to provide this information. Instead, I acknowledge that the proposed emergency measures have been engineered based on geotechnical information that is over two years old and prepared prior to the latest failure of protective measures. As such, as outlined in the attached memos, the Coastal Commission staff geologist and engineer have concerns regarding design elements, construction techniques and engineering and geotechnical assumptions associated with the proposed protective structures. I also understand that any work authorized under an emergency permit is temporary and subject to removal if a regular Coastal Permit is not obtained to permanently authorize the Po79 emergency work. I agree to apply for a regular Coastal Permit within 60 days of the date of the emergency permit (i.e., by January 20, 2001). 1 agree to provide the information outlined in the attached memos from the Coastal Commission's staff engineer and geologist as part of the regular coastal development permit application. I also acknowledge and understand that a regular coastal development permit would be subject to all of the provisions of the City of Encinitas Local Coastal Program and/or the Coastal Act and may be conditioned accordingly. These conditions may include, but not be limited to, provisions for long term maintenance and monitoring of the bluff face, a sand mitigation fee, a requirement that a deed restriction be placed on the property assuming liability for damages incurred from bluff failures, and restrictions on future construction of additional shore or bluff protection. INSTRUCTIONS: After reading the attached Emergency Permit, please sign this form and return to the San Diego Coast Area Office within 15 working days from the permit's date. I hereby understand all of the conditions of the emergency permit being issued to me and agree to abide them. / APPUCawrs NOTES: Note 1 At the direction of the coastal Carnmitaron, fie ProWty Osners submitted an appllcOM for permanent permits to the City of Encinitas on 3115D0 Note 2 Fnvnseretg Warta for Uud repair were aubnlated in 1888 by wsllam Caitlin. RCE Mr. &ben has not reprermteo hwnserf ob a acensed engineer. Note 3 Appkmrd ayses with the CCC sort geo"'W4 Mark Jonlleepn mat the current $06 Y Wnosma ortwagh the time lmaved to obtain a second soda review. Apppcars hale subill updated foes nformahen as Ifsbd in Mont Jonrason's 1 via= memo and wa str" an updated soils imetysis as pan of the COP process. Note 4: Appiiom submitted inn W CDP/ MUP sogicaiton to Cny of Emotes on 311 S00 '',' /ticj0 1111)1111111t%\'\ W A S ti����` Mike Down Name / z.- K y4vc S �J Addre /l —oZ If —ADO D Date of Signing CALIFORNIA ALL-PURPOSE State of CG\,FOC U County of �, ` d On— II r-- 1 1 r � ! clu before me, ` r, r?ale personally appeared Nyne(zt d re..tdr�r le.a_'Jarc Doe. Ndary �'�� - ❑ person afly known tome _ OR - proved io me on the basis of" tisfactory evidence to be the person whose name is re subscribe to the within instrument and ackn edged to me that(e he/they executed the i hi er/their a onzed capacity - , and that by er/their signature(y� s) on the instrument the person, a), o or the entity upon behalf of which the person) acted. DtX1NUE BE m executed the instrument. NOTMY W: 1f DIEGO 00 CO UN" iY M. Cpm..Ems°T f0.]O7t OPTIONAL Though the information below is not required.hy. law, a may pro a valuable to Persons /elying 0 the document and could prevent fraudulent removal and reattachment of this form to another document( Description of Attached Document ✓ — Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — O Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or n tc ❑ Other. Signer Is Representing: grHOTTiiUrdBPR;""T OFS!GtSER 51 Number of Pages: cal IFORN COASTAL COW SAN DIEGO COA: ❑ Individual ❑ Corporate Officer Title(s): 0 Partner — ❑ Limited ❑ Genera ❑ Attomey -in -Fact ❑ Trustee' ❑ Guardian or Conservator ❑ Other., Signer Is Representing: gIGHr'Mlt67BPifIB1I '0FS1UG1EB�^ ^�` --- WON. STATE OF CALIFORNIA THE RESOURCES AGENCY GRAY DAVIS. G ,,m CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 MErROPOLrrAN DRIS'E. SURE 103 SAN DIEGO, CA 921084402 (619) 767 -2370 EMERGENCY PERMIT Emergency Permit No. 6 -00 -171 -G Date: November 20, 2000 Applicants: Mike Brown Richard Sonnie c/o Monica Sonnie 1266 Alki Avenue SW 639 Springbrook N. Seattle, WA 98116 Irvine, CA 92614 LOCATION OF EMERGENCY WORK: On the beach and bluff fronting 836 -838 and 858- 860 Neptune Avenue, Encinitas (San Diego County) (APN's: 256 - 011 -17, 254- 311-05) WORK PROPOSED: Construction of a 100 ft. long, 27 ft. high, seawall comprised of 36 inch caissons spaced 8 ft. on center with one row of 13 tiebacks approximately 60 ft. in length with shotcrete facing between the caissons. The seawall will located along the pre- existing toe of the bluff, approximately 30 ft. landward of the toe of the existing debris pile. Also proposed is the construction of a 50 ft. long, 50 ft. high upper bluff retaining wall comprised of 36 inch caissons spaced approximately 10 ft. on center with one row of tiebacks approximately 70 ft. in length. Wooden lagging will be placed between the caissons and backfill placed behind the wall. The wall will be faced with a colored and textured shotcrete application (ref. repair plans by FILM Consulting Engineers dated 10/17100). This letter constitutes approval of the emergency work you or your representative has requested to be done at the location listed above. I understand from your information and our site inspection that an unexpected occurrence in the form of ongoing erosion and sloughage of the upper bluff at the site of an existing landslide requires immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. 14 Cal. Admin. Code Section 13009. The Executive Director of the Coastal Commission hereby finds that: (a) An emergency exists which requires action more quickly than permitted by the procedures for administrative or ordinary permits and the development can and will be completed within 30 days unless otherwise specified by the terms of this permit; (b) Public comment on the proposed emergency action has been reviewed if time allows; (c) As conditioned, the work proposed would be consistent with the requirements of the California Coastal Act of 1976. The work is hereby approved, subject to the conditions listed on the attached page. Sincerely, PETER M. DOUGLAS Executive Director By: DEBORAH LE Deputy Director Emergency Permit 6- 00171 -G November 20, 2000 Page 2 CONDITIONS OF APPROVAL: 1. The enclosed Emergency Permit Acceptance form must be signed by each PROPERTY OWNER and returned to our office within 15 days. 2. Only that work specifically described in this permit and for the specific properties listed above is authorized. Any modifications to the described work or additional work requires separate authorization from the Executive Director. The work authorized by this permit must be completed within 60 days of the date of this permit (i.e., by January 20, 2001). This emergency permit is only for the above described seawall and upper bluff retention system. No other work is approved by this emergency permit. The construction or placement of any accessory or protective structure, including but not limited to, stairways or other access structures, decks, drainage structures or pipes, walls, fences, etc., are not authorized by this permit. If during construction, site conditions warrant changes to the approved plans, the San Diego District office of the Coastal Commission shall be contacted immediately prior to any changes to the project in the field. 4. The emergency work carried out under this permit is considered to be TEMPORARY work done in an emergency situation. In order to have the emergency work become a permanent development, a regular coastal development permit must be obtained. An application for regular Coastal Permit to have the emergency work remain as permanent shall be submitted within 60 days of the date of this permit (i.e., by January 20, 2001). If a regular coastal development permit is not received from the City of Encinitas and/or the Coastal Commission, the emergency work shall be removed in its entirety within 150 days of the above date unless waived by the Executive Director. 5. The subject emergency permit is being issued in response to a documented emergency condition where action needs to be taken faster than the normal coastal development permit process would allow. By approving the proposed emergency measures, the Executive Director of the Coastal Commission is not certifying or suggesting that the structures constructed under this emergency permit will provide necessary protection for the blufftop residential structures. Thus, in exercising this permit, the applicant agrees to hold the California Coastal Commission harmless from any liabilities for damage to public or private properties or personal injury that may result from the project. 6. This permit does not obviate the need to obtain necessary authorizations and/or permits from other agencies. PRIOR TO COMMENCEMENT OF CONSTRUCTION, the applicant shall submit to the Executive Director for review and written approval, copies of all other required local, state or federal (i.e., State Lands Commission, Army Corps of Engineers, California Department of Parks and Recreation) discretionary permits/authorizations for the development herein approved, or provide evidence that none is required. Emergency Permit 6- 00.171 -G November 20, 2000 Page 3 7. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant shall submit to the Executive Director, for review and written approval, final plans for the seawall and bluff retention system that have been reviewed and approved by the City of Encinitas Engineering Department. Said plans shall be in conformance with the plans dated 10/17/00 by FLM Consulting Engineers and include the following: No local sand, cobbles or shoreline rocks shall be used for backfill or for any other purpose as construction material. During both the construction and removal stages of the project, the permittee shall not store any construction materials or waste where it will be or potentially be subject to wave erosion and dispersion. Within 5 days of completion of construction, the permittee shall remove from the bluff face and beach area any and all debris that results from construction of the approved development. b. All drainage improvements, including surface swales, hydroaugers, keyways and bench drains shall be directed such that they exit the property perpendicular to the shore and shall not be allowed to cross laterally onto adjacent properties. c. The height of the seawall shall be the minimum necessary to provide adequate protection. 8. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant shall submit for review and written approval of the Executive Director, evidence that CAL OSHA has reviewed and found acceptable with regard to worker safety, the project plans approved by the City of Encinitas and the proposed construction methods and sequence. 9. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant shall submit for the review and approval of the Executive Director, evidence that a performance bond, in a form and content acceptable to the Executive Director, has been accepted by the City of Encinitas for an amount sufficient to cover the removal of any materials associated with construction of the shore /bluff protective measures and/or any materials or debris associated with the failure of any of the proposed structures. The bond shall remain in effect until the protective measures have received approval by the City of Encinitas and/or the California Coastal Commission under a regular coastal development permit for permanent retention. If you have any questions about the provisions of this emergency permit, please call Lee McEachern at the Commission's San Diego Coast Area Office at the address and telephone number listed on the first page. Emergency Permit 6 -00 -171 -G November 20, 2000 Page 4 EMERGENCY PERMIT ACCEPTANCE FORM TO: CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO. CA 92108 -4402 (619) 767 -2370 RE: Emergency Permit No. 6 -00 -171 -G SITE HISTORY In June of 1996, a substantial landslide occurred just south of Beacon's Beach in the City of Encinitas, affecting several residential properties, including the properties subject to this emergency permit. In response to the landslide and the property owners' requests, the Executive Director of the Coastal Commission issued a number of emergency permits to several property owners for various types of structures to address the emergency situation. Three emergency permits each were issued to Mike Brown and Richard Sonnie. These emergency permits included the construction of a deadman system on the top of the bluff for each property (which were constructed and remain in place today), the construction of a shotcrete wall and soil nails (tiebacks) at the upper bluff (which were constructed; one remains in place and one failed in 1999), and the placement of riprap on the beach to protect the properties from wave action (this emergency permit was never carried out by the property owners and subsequently expired). Each of the emergency permits that were issued and signed by the property owners included a requirement that a follow -up regular coastal development permit be obtained for the emergency measures. To date, neither of the property owners has obtained a follow -up regular permit, in violation of the terms of the emergency permit. Subsequent to completion of the emergency repairs, several property owners and the City were party to litigation regarding the landslide and no further repairs or permits were sought until May of 1999 when the upper bluff shotcrete wall failed at 836 -838 Neptune Avenue (Mike Brown). At that time, the property owners subject to this request submitted an emergency permit request to construct a seawall and upper bluff repairs. However, the request was rejected by the Executive Director due to lack of information and the fact that there was no proposal designed by and under the direction of a licensed engineer. No plans, geotechnical information or other relevant information was submitted and the property owners were notified in writing of the need to provide such information. While engineered plans were received with the current emergency permit request, relevant and up to date geotechnical information addressing current site conditions or reasons for past failures of protective measures still has not been submitted. Coastal Commission staff has again requested such information. Emergency Permit 6 -00 -171 -G November 20, 2000 Page 5 ACKNOWLEDGEMENTS In acceptance of this emergency permit, I acknowledge that Coastal Commission staff has requested additional geotechnical /engineering information addressing current site conditions and reasons for past failures of protective measures as it pertains to the subject proposed emergency measures. I have refused to provide this information. Instead, I acknowledge that the proposed emergency measures have been engineered based on geotechnical information that is over two years old and prepared prior to the latest failure of protective measures. As such, as outlined in the attached memos, the Coastal Commission staff geologist and engineer have concerns regarding design elements, construction techniques and engineering and geotechnical assumptions associated with the proposed protective structures. I also understand that any work authorized under an emergency permit is temporary and subject to removal if a regular Coastal Permit is not obtained to permanently authorize the emergency work. 1 agree to apply for a regular Coastal Permit within 60 days of the date of the emergency permit (i.e., by January 20, 2001). 1 agree to provide the information outlined in the attached memos from the Coastal Commission's staff engineer and geologist as part of the regular coastal development permit application. I also acknowledge and understand that a regular coastal development permit would be subject to all of the provisions of the City of Encinitas Local Coastal Program and/or the Coastal Act and may be conditioned accordingly. These conditions may include, but not be limited to, provisions for long term maintenance and monitoring of the bluff face, a sand mitigation fee, a requirement that a deed restriction be placed on the property assuming liability for damages incurred from bluff failures, and restrictions on future construction of additional shore or bluff protection. INSTRUCTIONS: After reading the attached Emergency Permit, please sign this form and return to the San Diego Coast Area Office within 15 working days from the permit's date. I hereby understand all of the conditions of the emergency permit being issued to me and agree to abide by them. Mike Brown Name Address Date of Signing Emergency Permit 6 -00 -171 -G November 20, 2000 Page 6 ACKNOWLEDGEMENTS In acceptance of this emergency permit, I acknowledge that Coastal Commission staff has requested additional geotechnicaVengineering information addressing current site conditions and reasons for past failures of protective measures as it pertains to the subject proposed emergency measures. I have refused to provide this information. Instead, I acknowledge that the proposed emergency measures have been engineered based on geotechnical information that is over two years old and prepared prior to the latest failure of protective measures. As such, as outlined in the attached memos, the Coastal Commission staff geologist and engineer have concerns regarding design elements, construction techniques and engineering and geotechnical assumptions associated with the proposed protective structures. I also understand that any work authorized under an emergency permit is temporary and subject to removal if a regular Coastal Permit is not obtained to permanently authorize the emergency work. I agree to apply for a regular Coastal Permit within 60 days of the date of the emergency permit (i.e., by January 20, 2001). 1 agree to provide the information outlined in the attached memos from the Coastal Commission's staff engineer and geologist as part of the regular coastal development permit application. I also acknowledge and understand that a regular coastal development permit would be subject to all of the provisions of the City of Encinitas Local Coastal Program and/or the Coastal Act and may be conditioned accordingly. These conditions may include, but not be limited to, provisions for long term maintenance and monitoring of the bluff face, a sand mitigation fee, a requirement that a deed restriction be placed on the property assuming liability for damages incurred from bluff failures, and restrictions on future construction of additional shore or bluff protection. INSTRUCTIONS: After reading the attached Emergency Permit, please sign this form and return to the San Diego Coast Area Office within 15 working days from the permit's date. I hereby understand all of the conditions of the emergency permit being issued to me and agree to abide by them. Richard Sonnie Name Address Date of Signing (GASan DicgoE=rgewy\6-W 171- GBmwnSonnie EP.doc) li I�I 11 r I I f36 ; 53� i (E) DECK B5L . E.eC• i _ —�_� a 5 n F.I — - _ ._.. TB- TB-3. Ti P. 1 rE,C•ECK �. II I I n ✓n,fnn ✓.✓W 1 ��� la nnn, ' SEt CAI TC t ; -T E CCMC ALL in EA ui 1 /�I' Ilo I'_6{ l 11 E B• -1' 5l °.ICI• hl h. e i I - I� ADJG�ENT CONC WALL BY I NOT PART OF TH15 P F T. 7, (NJ ADJACENT CONC. WALL 51 OTHER= NOT PART OF THIS PERMIT. -TB -1 T1P.I 1_ _ I _. F ,7 T o,� tl7i t f.l `g n a� W E^ LS (6009:1 wm Iwnroo NOTED Rf_ flICR N0.• n Iq 1 A (NJ ADJACENT CONC. WALL 51 OTHER= NOT PART OF THIS PERMIT. -TB -1 T1P.I 1_ _ I _. F ,7 T o,� tl7i t f.l `g n a� W E^ LS (6009:1 wm Iwnroo NOTED Rf_ flICR N0.• 864 / a66 eye r ea0 I ' 836 / 838 (E) ANCHOR ROW I 5HOTCRETE FACE _ (E) 5HOTCRETE BETWEEN BEAMS I00• - WALL Gl t_l _ °)— I) n I•I r TB -3 _ t f Tl'P• ®!L TB-4 j T5 5 I y Ill Itl \ lil I� III III .. SHOTC RETE FACE 1 I e�- 0 OVER 50IL NAILS . r, iI I > IS I } 8 h tll bI� n dIM1 l IGh I m w ICI III III 1 III F> III q I•I LI II ul t I � ( In W I lil III 1 I � I III 1811 IJ lil I� III ) I 1 I 1 I 40' T 0 1 EL. il' -0' -- I SHOTCRETE FACE I 1 / BETWEEN BEA115 \T -- -- - �L_ -- --� 70' II9II0 {I II MIL I�• ADJACENT TO MATCH Tt P- 90•-0• ADJACENT HAL TO MATCH ELE) _BEACH - �TORREY N i a z � 1 z v ILL i E� CC w wI A 4 ar (welaw.T uta p „yp� x. - -ice VOTED RF. AitV TOP OF EX15T BLUFF FAILURI REMAIN IN PL I UFF 5EGTIONS I I REPAIRS TO BLUFF FAILURE - 816 -866 ,NF?ftlEE AVE FLIvf CD Y9 LTINO ENGINEERS AIR. MIKE BROWN AND IIS. MONICA SOKAIE SAIM AND WISH >EPT M A1'E rk'� IT.AS. CA. -1 ••• -••• -I -• •�• 60' 50' 40' 30' 20' 10. 10' -70• c ' ap &- oo- 1-7► -v T.O.W. EL. 21.0' ' W:4 r. 103 LEAN CONG. 5N -1 EL. 20.0, 5F40TCFP-ETE WALL BELOW EL. = 19' -0' TO BE INSTALLED 8 AT LATER DATE AS REG'D BY RECE:DIWu BLUFF TOE EL. 1.0' I-1 5EAC:1 SAND 4•m PVC DRAINS O.G. SLIDE PL ENE 36'4 C_,ie"� --!Ors TYP!(.AL LOWED ELUFF TIE-64GK .,t..l REPAIRS M BLUFF F. LTE - Sl6 S6fi 1�EPTOAE .4FE i I FLM consw„wa eVaN�as MR. MIKE BROWN AND M MOAlCA 50�TTSE - -.. �....... :,J i o �" i ., 535,536 fall GS/5G \7PTC�'E 31T M=As. ck I J y, SNOTCRETE NALL 4 5N -1 EL. -10.0' •-� n a BACKFILL IOfF 1'•0" w/ TOPSOIL t' 'RIAL SLURRY BACKF U 3x 7 E"F L GDING GECCCMFC51 TE DRAINAGE EC.:F;ED 'B -- °_R C�E�— 7V42-Lxll'l / iL I EL. 42.0' I r 36• o CAISSON (rc =3000 psi) TYPICAL UPPER SLUFF TIE -BACK SECTION REPAIRS TO BLUFF FAILURE - 816.866 NEPTUNE All I i molmrm,Lnwa 0881HIMAe i A I IM MIKE BROWN 4�'D 1115. MONICA l`IC4 50. f�lE :J i .. tuc "a >u %rmr&T lxT c,:rmTlc ry i , & -(o -171-0 November 9, 2000 Memorandum TO: Lee McEachem Gary Cannon FROM: Lesley Ewing SUBJECT: Recent Submittal for 836/838 and 858/860 Neptune Avenue, Encinitas I have reviewed the 10/17100 plans forte Repair to Bluff Failure 818 -868 Neptune Avenue and the packet of material submitted in support of these plans. It is my impression that, despite the title of the plans, the material is all focused on 8361838 and 858/860 Neptune Avenue and that will be the focus of these comments. This review has identified a number of concerns regarding this submittal. It also is recognized that this has been a location of ongoing bluff retreat such that the applicants hope to start work on something as soon as possible. These engineering comments focus on those issues that will assure us that the wcrk can be undertaken and completed safely and that the end result will provide the anticipated level of protection without adverse or unanticipated effects to nearby coastal resources. Many concerns, such as mitigating impact.-, to to ra. sand supply and providinv a sculpturing or to xr a o 7eaanent to all the walls that will minimize the adverse visual impacts may be addressed at a later d ::e, through the regular permit application process. However, at this time, the applicant should be made aware of these possible requirements and we should be asguied that the present emergency activities will not preclude future efforts in the regular permit process to eliminate, minimize or mitigate all possible impacts. Proposed Project: The proposed project consisted on both upper and lowci i2vff protection. The upper wall proposes to tie into the existing shotcrete /soil nail wall, where it still exists, transition this to a tieback wall that will extend across 836/838 Neptune. The upper wall at 836/838 Neptune will be extended further down the face of the bluff than the wall at 858/860 Neptune and the final upper wall at 8361838 Neptut,c Avenue will be approximately 50 feet high. The lower wall will be a 27 -foot high caisson/beam tieback system with shotcrete facing between the caissons/beams. The exposed surfaces will be colored or textured. Construction Sequence and Worker Safety: By letter signed by Mike Brown, dated 10/ 17/00, the general construction sequence is given that the lower seawall will be construction in or through the landslide debris, some of the landslide debris may be regraded, and then the upper wall will be constructed. It is our understanding that Mr. Brown is an engineer. However, when this letter was signed, he did not provide his California R.C.E. identification number and it must be assumed that he was commenting on the construction sequence as an informed property owner and not as the engineer of record. These sites are experiencing active bluff slumping and it is a very difficult area in ,ti which to work. Just as the Commission staff is aware of the significance of continued bluff retreat to the property owners, we must be aware of the significance of possible further bluff retreat to the workers who will be on site and the public who may be using the beach. Under a regular permit process, the Commission staff would likely recommend that that Commission be provided with construction plans, a work schedule -, contingency plans if slumps continue to occur during construction, and identification of all construction work pads, access routes and possibly evacuation routes. Such plans are not requested for every project; however, for this project, the site conditions would. warrant such a request. Also in the regular permit process, it is likely that staff would contact CAL OSHA and incorporate, to the practicable, their input and comments on the construction plans, with regard to worker safety. For the emergency process, to insure thorough and prompt review of the construction plans for issues of worker safety, it is recommended that the emergency permit be conditioned to require CAL OSHA review and concurrence prior to commencement of work. Use of Shotcrete in Lower Wall: The lower seawall will use beams and shotcrete. It has been the experience of the Commission staff that shotcrete does not stand up well to wave attack and often shatters under the compressive force unless the backing material is very competence. Since the shotcrete will be applied over the face of the landslide debris, it is very likely that voids will develop behind the shotcrete and it will quickly become unfunetional. If the shotcrete spans or cracks, and wa :!es remove material from behind the seawall, it could compromise the stability of the entire lower wall. For the regnl?r ,:cr:i it appEcaticr., lbe appl;cant'a ....ginetr )hOuld - rovide studio'..°, and/or evidence that shotcrete will not have any likelihood of prcolems for this site. For a long- term solution, the applicant also should be required to analyze the shotcrete and options to use alternative lagging material between the beams. In addition, due to staff s experience with shotcrete and the possibility that some of this material could become beach debris if the wall is subject to wave attack, it is recommended that the emergency permit require that the applicant be responsible for the prompt and thorough removal of all construction material that may be dislodged from the proposed walls or that no longer provides site stability. Heieht of Lower Walt: The lower seawall is planned to be seven feet higher than the seawall that is proposed for the adjacent property. The height of the wall can be dependent upon wave run -up or other factors: however the provided material has trot shown the basis for this wall height. Since the wall will be exposed as soon as the landslide debris is washed or graded away from the site, the wall height will greatly affect its long -term visual impact. The wall should be designed to be as low as possible while still achieving the necessary erosion protection. Agreement with Backsround Technical Support: The Preliminary Repair Recommendations for American Geotechrtical, dated March 5, 1998 recornmF;td tieback angle for the lower seawall of 25 degrees. The plans show an angle of 30 degrees. The basis for the new design angle should be provided. Also, in the most recently submitted engineering plans the total load has been reduced from 65 kips/ft to 45 kips /ft. In both plans, this is noted as being per the geotechnical report; however, there is I 1 I I no further detail or reference for the geotechnical report that is being sited. The basis for these changes and the most recent geotechnical reference should be provided as part of the regular permit application. Design Nave and Scour Depth: The material provides some quantification of various types of , vaves that the engineer anticipates could impact the seawall. iris information should be used to develop the anticipated worst case storm wave scenario (usually taken as a 100 -year event or a storm comparable with the 1982/83 El Nino winter) and then demonstrate that the proposed seawall design is adequate to address this storm without structural damage. Concerns include wave tun -up and overtopping, scour and direct wave impacts. All these should be addressed for this design option in the regular permit application. The provided analysis of waves seems to have assumed that the landslide debris will remain in place for the life of the structure. This may be a valid assumption for the examination of worst -case overtopping, but if the landslide debris is removed, the lower part of the wall could be exposed to direct wave impacts and the wall could be undermined by scour. The wave analysis should also examine the condition where the entire slide mass that fronts the wall has been removed by wave action and the wall is exposed to direct wave energy. Upper Wail: The upper par, of these sites has already been modified by shotcrete and anchors chat do not now seem to be completely functional. :'he plans for this upper -mall need to address what was learned from the first effort and how this plan will prevent .similar orobicros. The plans for the epper waii, u..J::b by - - air 1-tec Lec.`Ca1, snow the upper and lower tiebacks at different angles, and show the shotcrete seaward of the tieback plates. Preliminary analysis of this design suggested that the tieback angles will cause bending in the shotcrete and by placing the shotcrete seaward of the anchorb, there is nothing to maintain the stability of the shotcrete face. Details of the wall design are needed as part of the application for a regular permit, as well as details of the transition. between the two different designs. alternatives: The application for a regular permit should include a thorough examination of all feasible alternatives, based both on current site conditions and the site conditions following actions approved through the emergency permit process. STATE OF CALIFORNIA -THE RESOURCES AGENCY GRAY DAVIS, GOVERNOR CALIFORNIA COASTAL COMMISSION 45 FREMONT. SUITE 2000 (Y SAN FRANCISCO. CA 94105 -2219 VOICE AND TDD (415) 904-5200 - FAX ( 415) 904 - 5400 - - Ii1,IS 10 November 2000 .iAN DIEGO Oi: n�� "IC' MEMORANDUM To: Lee McEachem, Chief of Permits, San Diego Coast District From: Mark Johnsson, Senior Geologist Re: Brown and Sonnie Emergency Permit; 836- 838/858 -860 Neptune Avenue, Encinitas I have reviewed the submitted materials attached to the above - referenced Emergency Permit application. This review is based on examination of the following materials: 1) Brown / Sonnie Emergency Application: Additional /Revised Information submitted October 17, 2000. Includes: a) "New Information ": i) Cover letter 'Request for Emergency Permit," dated 17 October 2000 and signed by Mike Brown and Monica Sonnie ii) Topographic map of site and surrounding area, "stamped CDD June 121998, exhibit 26," unsigned, undated iii) Boring log, Tri-County drilling, Inc., dated 1 August 2000, unsigned. iv) Boring log, Tri-County Drilling, Inc., dated 23 August 1999, unsigned; No location indicated, apparently from 808 Neptune Avenue b) "Previously submitted information:" i) American Geotechnical review letter "Preliminary Repair Recommendations, Brown Residence, 866 Neptune Avenue, Encinitas, CA," dated 5 March 1998, and signed by Gregory Axten (GE 103), Ralph Jeffery (CEG 1183) and Scott Thoeny (RCE 48599) ii) American Geotechnical report " Geotechnical Investigation, Neptune Bluff Failure, 836 -860 Neptune Avenue, Encinitas, CA," dated 6 August 1996, and signed by Edred Marsh (RCE e • 0 50315), Gregory Axten (GE 103), and Ralph Jeffery (CEG 1183), 18 P. iii) American Geotechnical calculations "Preliminary tieback calculations," dated 25 July 1996 and signed by (illegible) iv) American Geotechnical calculations "Bluff stabilization," dated 29 July 1996 and initialed by AA v) Series of slope stability analyses from American Geotechnical, dated August 1986, unsigned, no explanation other than the diagrams. vi) Series of slope stability analyses from Lockwood Singh, dated March 1998, unsigned. Apparently from 836 -838 Neptune Avenue vii) Series of slope stability analyses, dated 27 July 2000, unsigned. Apparently from 808 Neptune Avenue viii) Direct shear test results, clayey siltstone from 808 Neptune Avenue; unsigned, undated. 2) Engineering Geology Consultant's review letter "Third -party review letter FLM Engineers for Sonnie /Brown, 816 -866 Neptune Avenue, Encinitas, CA, Case No: MUP /CDP /EIA," dated 1 May, and signed by Ernest R. Artim (CEG 1084) 3) Engineering Geology Consultant's review letter "Supplement to Third -party review letter FLM Engineers for Sonnie /Brown, 816 -866 Neptune Avenue, Encinitas, CA, Case No: MUP /CDP /EIA," dated 20 June, and signed by Ernest R. Artim (CEG 1084) 4) City of Encinitas letter "Present and potential geologic hazard, 836 -838 Neptune, 828 Neptune, 858 -60 Neptune," dated 13 July 2000 and signed by Robert T. Acker (City Manager) The submittal also included engineering calculations and construction drawings, and calculations for design waves for the proposed structures, which I refer to Lesley Ewing, Senior Coastal Engineer, for review. I recognize that an ongoing hazardous situation exists at the subject site. Especially in view of reference (4), I recommend that an Emergency Permit be granted for the proposed project, contingent upon review of the engineering calculations and plans by the Senior Coastal Engineer. This recommendation is based on the recognition that life and property are now in jeopardy, and could be at greater danger during the upcoming rainy season. Accordingly, I do not recommend taking the time — probably several months —that would be needed for the applicant to fully address all of the concerns enumerated below. One requirement should, however, be attached to the Emergency Permit: that all drainage improvements, including surface swales, hydroaugers, keyway and bench drains, be directed to empty toward the beach. That is, all drainage from the site should exit the property perpendicular to the shore, and should not be allowed to cross laterally onto adjacent properties. This condition is necessary because it is clear that high fluid pressures have the capacity to cause slope instability in general; and at this site in particular ground water appears to have been a factor in both the initial and ongoing failures. In order to be consistent with section 30253 of the Coastal Act, which requires that development shall neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area, it is necessary that drainage that could result in high fluid pressures in the adjacent slide mass or bluff be directed away from adjacent properties. I do, however, have several additional concerns about this project; the submitted materials leave many important questions unanswered. The follow -up Coastal Development Permit required to make these repairs permanent should not be issued unless these concerns are adequately addressed. First, the applicant has submitted no evidence that the proposed project has passed review by the City of Encinitas. The third -party geotechnical review letters (references 2 and 3) raise several outstanding questions, which are left unanswered by the material in the Emergency Permit application (reference 1). In addition, the following questions arise from my review, and will need to be addressed adequately before a Coastal Development Permit can be issued. These questions incorporate the outstanding issues raised in the latest of the City review letters (reference 3). It should be noted that there is little or no discussion of many of the raw data presented in the application (reference 1), making a comprehensive review difficult. It is possible that the answers to some of the questions below can be extracted from these data, but a Registered Geologist or Certified Engineering Geologist will need to incorporate these raw data into a coherent report addressing these issues in order to ascertain whether that is the case. 1) Pre- and post - construction slope stability calculations are required. These calculations should be for the current bluff configuration, which may differ from the profiles adopted for previous analyses, and for the post - project design based on the plans submitted. The analyses should demonstrate the increase in the factor of safety that can be expected from the project. Note that the City (reference 3) requires that "the 1 11 factor' Rf safety for the bluff with proposed preemptive measures shall be at least 1.5 for static and 1.1 for pseudo static conditions," whereas reference (lbii) states that "Achieving •a 1.5 factor of safety for the area is impractical." These statements need to be rectified. Slope stability analyses should be undertaken as follows: 1) All analyses shall be undertaken through cross - sections oriented perpendicular to the slope. Analyses should include postulated failure surfaces such that both the overall stability of the slope and the stability of the surficial units is examined. 2) The effects of earthquakes on slope stability should be addressed through pseudostatic slope analyses assuming a horizontal seismic coefficient of 0.158. 3) All slope analyses shall be performed using geotechnical parameters (friction angle, cohesion, and unit weight) determined from undisturbed samples collected at the site. The choice of geotechnical parameters for each geologic unit examined shall be supported by direct shear tests, triaxial shear test, or literature references. 4) All slope stability analyses shall be undertaken with potentiometric surfaces for the highest potential groundwater conditions. 5) If anisotropic conditions are assumed for any geologic unit, strike and dip of weakness planes shall be provided, and geotechnical parameters for each orientation shall be supported by reference to pertinent direct sheer tests, triaxial shear test, or literature. 6) Because planes of weakness at the site dip in the same direction as the slope, factors of safety for translational failure surfaces shall be calculated in addition to rotational failure surfaces. The use of a block failure model should be supported by geologic evidence for anisotropy in rock or soil strength. Geotechnical parameters for such weak surfaces shall be supported through direct shear tests, triaxial shear test, or literature references. In addition, particular emphasis should be placed on cohesion and friction angle values for the day seam encountered within the Ardath Shale (referred to as the Del Mar Formation in references (lbi and lbii)); residual shear strength values shall be used, not peak values. Further evidence needs to be presented as to the extend of the mass susceptible to failure; for the required translational failure model, the location of the landward termination of the failure (tension crack) must be supported. Finally, a justification for the reduction of design parameters from 65 kips/ lineal foot (recommended in reference lbiii) to the current 45 kips /lineal foot, must be provided. r \ . ,. 1 I po.1t out in passing that these slope stability calculations, coupled with the ground water discussion called on below, are especially important at this site because the proposed repair does not involve excavation to below the failure plane of the slide, as is more common practice. 2) A discussion of the mode of failure of the bluff, both in terms of the original landslide and in its subsequent movements, needs to be presented. How does the proposed design address the historic record of slope instability at this site? 3) An evaluation of the geologic conditions leading to the failure of the first upper -bluff shotcrete wall is required. In what ways will the current design not be susceptible to the same type of failure? 4) An evaluation of the role of ground water in continuing bluff failures is needed. In what way will the proposed design mitigate against continued or accelerated slope movements due to high fluid pressures within the remaining slide mass or the bluff? 5) Finally, it is not clear to me how the construction sequence will ensure the safety of workers and of the beach -going public. Grading on an unstable landslide mass is especially hazardous, and must be approached with caution. I believe that Senior Coastal Engineer Lesley Ewing has proposed oversight requirements to minimize these risks, and I defer to her recommendations in this regard. In summary, although many questions remain unanswered concerning the proposed repair, the seriousness of the current situation, the impending rainy season, and the time that would be required to fully answers these questions leads me to reluctantly recommend that the proposed project be approved under an Emergency Permit. Only after the questions enumerated above are adequately addressed, however, should the project be allowed to remain under a Coastal Development Permit. I hope that this review is useful in formulating your recommendation. Please do not hesitate to contact me if you have further questions. Sincerely, X� / Mark Joh4Ssson Senior Geologist MOV -29 -00 WED 02:51 PM C011DON JOHNSON STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS pNISION OF OCCUPATIONAL SAFETY AND HEALTH Permit Issued To (Insert Employer's Name, Address and Telephera No Condon - Johnson & Associates Inc PO Box 12368/1840 Embarcadero Oakland CA 94604 -2150 FAX NO. 510 ;34 3421 P. 01/01 No: 2000 - 900256 PERMIT —� No. Date _ 11/8/1999 Region District 4 (510)534 -3400 Type of Permit T1- ANINUAI, TRFNC-H /FXCAV.ATI4N Tel (510)622 -2916 Pursuant to Labor Code Sections 6500 and 6502, this Permit Is Issued to the above -named employer for the projects described below. State Contractors License Number Description of Project Various 300068 Location Address Statewide Permit Valid through December 31, 2000 City and County 11112000 or issue date whict%ev ?• is 1 li�tPr. uu DEC 0 12000 This Permit Is Issued upon the following conditions: ENGIN ERING jEPV'^ 1. That the work is performed by the same employer. If this is an annual per T D etCnV Office shall be notified, In writing, of dates and location of job site prior to commencement. 1213112000 2. The employer will comply with all occupational safety and health standards or orders applicable to the above projects, and any other lawful orders of the Division. 3. That if any unforeseen condition causes deviation from the plans or statements contained In the Permit Application Form the employer will notify the Division immediately. 4. Any variation from file specification and assertions of the Permit Application Form or violation of safety orders may be cause to revoke the permit. 5. This permit shall be posted at or near each place of employment as provided In 8 OCR 341.4 Received From --- rReceivea dy - - -, Inve4tigated by _ — Colin Perkins Permit Unit sat ne Date ^ash I Amount Dalo 1/14/2000 Approved by ® Check 63781 -- 1$100.00 1 11/8/99 District ,.:.,nayadPermit Unit o Y JOHN MICHAEL BROWN PATRICIA DIANE BROWN 838 NEPTUNE AVE. LEUCADIA, CA 92024 (760) 942 -0283 PAY lHE 'R OF r W r Q�N i1 � A31 1014 W7162(3222 - -—� $ 500 <66 Washington Mutual . we awe B umxn ari M. rye. FOR�VNd 1:3222716271:861it206 2 10-31Ia 1 4 Pm.'. LEONARD M OKUN TTEE 107 LEONARD M OKUN TRUST DTD 521417 (PWCL) �L / 2rrg8�yAp 828 NEPTUNE AVENUE DA LE3I TZ C 4 -2062 PAY ER F � ORDER F DOLLARS 8 Paifx' cbbff MAP N., e. a PURAaw a s..a.ibA. BaBank OPeJ.. N AAA'.. Gotuotuu7J.busss. OH 43271 FOR 1:0440008041:4 2 284000 1 2 28NO 0107 C I T Y OF E N C I N I T A S T 'INEERING SERVICES DEPARTM- ''C 505 S. VULCAN AVE. ENCINITAS, CA 92024 TEMPORARY ENCROACHMENT PERMIT AHOPW 2 PERMIT NO.: 6751TE PARCEL NO. : 256- 011 - 1700 /ZSi4 -31) 0500 PLAN NO.: 6751 -G JOB SITE ADDRESS: 836 -860 NEPTUNE AVE. 1649P"M6 Algp.*H�L APPLICANT NAME BROWN (J.M. /P.D.) /SONNIE (R.R. /L.L.) MAILING ADDRESS: 1266 ALKI AVE. S.W. PHONE NO.: 760- 942 -0283 CITY: SEATTLE STATE: WA ZIP: 98116- CONTRACTOR : CONDON JOHNSON 5 ASSOCIATES INC LICENSE NO.: 300068 INSURANCE COMPANY NAME: ADMIRAL POLICY NO. : AOOAG08547 ENGINEER : FLORES- LUND- MOBAYED PERMIT ISSUE DATE: 12/12/00 PERMIT EXP. DATE: 5/01/01 INSPECTOR: RON BRADY /JIM KNOWLTO PHONE NO.: 858- 271 -9174 LICENSE TYPE: A INSURANCE COMPANY POLICY EXP. DATE: 5/01/01 CONSULTING ENGINEERS PHO14E NO.: 858 -566 -0626 PERMIT ISSUED BY: gfe ------------------- - - - - -- PERMIT FEES b DEPOSITS ------------- --------- - - ---- 1. PERMIT FEE 00 GJ��ppl�Q „�S 2. INSPECTION DEPOSIT: 700.00 '+'I 3. SECURITY DEPOSIT C5, 000.00 IW%&M ----- ----- -- ------- - - - - -- DESCRIPTION OF WORK ------------------------- -- -- -- ACCESS TO JOBSITE ACROSS MOONLIGHT BEACH STATE PARK /SEASIDE GARDENS PARK /ENCINITAS BEACH PARK /STATE LANDS WESTERLY OF MEAN HIGH TIDE LINE /PONTO BEACH STATE PARK. DOCS ATT'D: COV RE GRANT OF BEACH ACCESS /HOLD HARMLESS FOR BLUFF FAILURE, STD /SPL CONDITIONS, CONTR LIABILITY LETTER, BEACH ACCESS BARRIER /EQUIPMENT PLANS, WO 13,K SCH. 00 -062 MUP CACC PMT 6 -00 -171 -G d?r�o A►'rr z~ 490 t.�s s�n6�sE z �jsra�✓s .��u��.yo.�arn�aarrs - - -- INSPECTION ------- --------- DATE -- - -- - -- INSPECTOR'S SIGNATURF� Aierzvw7-72y fiis-ewwr AeY RED. ITIAL FINAL INSPECTION I HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION IS TRUE. NATUR E �ih N Al ! J CAc, PRINT NAME CIRCLE ONE: 1. OWNER 2. AGENT 3. DATE SIGNED x3 7 aU 6 -Z�b -o e.//I TELEPHONE NUMBER C I T Y OF E N C I N I T A ,S INEERING SERVICES DEPARTN 505 S. VULCAN AVE. ENCINITAS, CA 92024 TEMPORARY ENCROACHMENT PERMIT PARCEL NO. : 256- 011- 1700/Z/5ij- X311 -05oo JOB SITE ADDRESS: 836 -860 NEPTUNE AVE. APPLICANT NAME BROWN (J.M. /P.D.) /SONNIE (R.R. MAILING ADDRESS: 1266 ALKI AVE. S.W. CITY: SEATTLE STATE: WA ZIP: NvAiE / PERMIT NO.: 6751TE PLAN NO.:"/ 4w /L.L.) PHONE NO.: 760- 942 -0283 98116- CONTRACTOR : CONDON JOHNSON & ASSOCIATES INC. PHONE NO.: 858 - 271 -9174 LICENSE NO.: 300068 LICENSE TYPE: A INSURANCE COMPANY NAME: ADMIRAL INSURANCE COMPANY POLICY NO. : AOOAG08547 POLICY EXP. DATE: 5/01/01 ENGINEER : FLORES- LUND - MOBAYED CONSULTING ENGINEERS PHONE NO.: 858 -566 -0626 PERMIT ISSUE DATE: 12/08/00;g PERMIT EXP. DATE: 5/01/01 PERMIT 15= BY: INSPECTOR: RON BRADY /JIM KNOWLTON PERMIT FEES & DEPOSITS 1. PERMIT FEE .00 2. INSPECTION DEPOSIT: 700.00 3. SECURITY DEPOSIT 5,000.00 ------------------ - - - - --- DESCRIPTION OF WORK ---- ------- -------------- - - - - -- ACCESS TO JOBSITE ACROSS MOONLIGHT BEACH STATE PARK /SEASIDE GARDENS PARK /ENCINITAS BEACH PARK /STATE LANDS WESTERLY OF MEAN HIGH TIDE LINE /PONTO BEACH STATE PARK. DOCS ATT'D: COV RE GRANT OF BEACH ACCESS /HOLD HARMLESS FOR BLUFF FAILURE, STD /SPL CONDITIONS, CONTR LIABILITY LETTER, BEACH ACCEESSS-/ BARRIER /EQUIPMENT PLANS, WORK SCH. 00 -062 MUP /CACC PMT 6- 0- 171 -G L� or - - -- ------- - - - - -- E-- - - -- -- S ECTOR S S G UR l o�FIN54WOV McM'sBY0' -WW A~ avWl .�-s, `e Haen 'o zae rg=CTION FINAL INSPECTION I HAVE CAREFULLY EXAMINED THE COMPLETED PERMIT AND DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION IS TRUE. FL L S ATURE Jokj f%ilUAC, �A-&WA) PRINT NAME CIRCLE ONE. 1. OWN R 2. AGENT 3. 0TH DATE SIGNED oovv--"� -}- a.v 6 - 2-t0- b C3 cell TELEPHONE NUMBER Permit # 6751 GI December 7, 2000 2:00 p.m. Brown Seawall PRE - CONSTRUCTION MEETING Phase 1 only Owner: Mike Brown Contractor: Soil Lab: Engineer: Special Inspector: 1. Schedule of work prior to construction. This permit is for Phase l only. No improvements are to be made as part of this permit. Exploratory work only. 2. 24 hour emergency phone numbers. 3. Beach Access. Through Moonlight Beach. Proper traffic control must be in place and maintained during all phases of construction. Flag person must be posted at the entrance to Moonlight Beach during construction, ie: Concrete pours, export of trash and related construction debris, drilling rig for the exploratory work etc. 4. No work on Weekends, nights or reconized City holidays. 5. Submittals required prior to construction. 6. Geo-Technical Engineer or his representative shall be on site during all phases of construction. 7. Special Note: Encroachment Permit for Moonlight Beach. 8. City Lifeguards have control over Moonlight Beach, access through Moonlight Beach and all portions Of the shoreline. They will be present during all phases of construction. 9. Traffic control. Only authorized vehicles are permitted on the beach. Speed limit on the beach will not Exceed 15 mile per hour. Please turn on headlights of authorized vehicles while driving on the beach. Traffic cones outlining construction zone will be required on the beach during all phases of construction. 10. During concrete pours. Concrete trucks can wash out into an approved plastic lined box, or exit the Beach and wash out in an approved location. Concrete boom truck must place plastic underneath the hopper during all concrete pours. No concrete can be discharged onto the beach. 11. It is the contractor's responsibility to notify the City Engineering department, City Lifeguards at least 24 hours in advance of entering the beach for any phase of construction. TRANSMITTAL FORM City of Encinitas FAX 760/633 -2818 505 S. Vulcan Avenue Engineering Encinitas, CA 92024 -3633 760/633 -2770 DATE IZ -L5 -OD SEND TO FAX* ( �7 76;7 Z36'1NO. OF PAGES'? TO: OF: 1A .'6W ADDRESS:��y� /�, FROM: "G�r `'�!�M� PHONE: (760) 633- ❑ Call ASAP ❑{ Review & Call r � ❑ Please Handle Per Our Conversation COMMENTS: 1-- ,�l�Cu° / ®fs �f � ❑ Review & Return ❑ F.Y.I. ❑ Please Reply by ENGINEERING vEPARTMENT APPLICANT DEPOR ACTION FORM DATE /,7�� Ate/ APPLICANT NAME y / 444IA -V, APPLICANT ADDRESS PERMIT COORDINATOR TO BE COMPLETED BY CASHIER RECEIPT NUMBER CHECK NUMBER CASHIER INITALS t� ENGINEERING DEPOSIT CASHIER CODE = ED PROJECT NUMBER MUST BE ENTERED INTO PROJECT NUMBER FIELD AMOUNT =.- b o 4)—� lie] /-14 ENGINEERING SECURITY CASHIER CODE = SY PROJECT NUMBER AND APPLICANT NAME MUST BE ENTERED INTO THE DESCRIPTION FIELD (F10 ON LAST SCREEN) TOTAL C F ENGINEERING DEPARTMENT APPLICANT FEES ACTION FORM DATE APPLICANT NAME APPLICANT ADDRESS PERMIT NUMBER RECEIPT NUMBER CHECK NUMBER CASHIER INITALS DESCRIPTION AMOUNT CODE ACCOUNT NUMBER Agreement/Covenant AC 101.0000- 345 -0100 Constriction CN 101. 0000 - 345 -0200 Exempt Organizations EX 101 - 0000- 345 -0400 Grading Plancheck GR 101-0000 - 345-0700 Grading Inspection GI 101 -0000 -345 -0800 Final Map Processing FM 1014X00- 345-0r.�00 Parcel Map Processing PM 101-0000 - 3460600 Permanent Encroachment PE 101.0000-3451100 Improvement Plancheck IR 101 - 0000-345-0900 Improvement inspection II 101-0000.3451000 Temporary Encroachment TE 101 - 0000 -345 -1200 Street Vacation VA 101 - 0000 - 3451500 Street Name Change SN 101-0000 -345 -1300 A.P.N. Report PN 101. 0000 -345 -2100 Security Deposit CASHIER: SEE NOTES ON BACK TOTAL Permit Coordinator KC /jsg /0ct15199B City Of Encinitas COMMUNITY SERVICES DEPARTMENT ENGINEERING SERVICES DEPARTMENT STANDARD AND SPECIAL CONDITIONS BEACH ENCROACHMENT PERMIT 6751 TE 1. Permittee's Construction Contractor shall provide a Certificate of Public Liability Insurance, naming the City of Encinitas as an additional insured, in the amount of $1,000,000. 2. Permittee shall post a Financial Deposit Instrument from a Financial Institution approved by the City, in the amount of $5,000.00 (minimum), prior to Permittee's Construction Contractor entering upon City Property, to ensure all terms and conditions of the Permit are fully met. The Security Deposit is refundable minus any outstanding charges due for plan review and field inspection. 3. Permittee shall pay to the City the sum of $700.00, subject to full cost recovery, for the use of City Property. The Inspection Deposit will be charged against to help recover the actual costs of inspecting the City Property. 4. Construction Contractor shall provide a detailed plan, which must be approved by the City prior to the Contractor entering upon City Property. The plan shall include times the City Property will be used, types of vehicles which will be used, and the number of trips vehicles will make. Tentative Work Schedule received _, 2000. Equipment List received December 1, 2000. Beach Access Plan received December 1, 2000. 5. A Notarized Letter shall be provided, indicating the Construction Contractor will be liable for any costs to correct damages to the Public Beach or adjacent areas resulting from the Contractor's work. Also included in the letter shall be a statement of understanding that debris washing onto the Beaches within one mile north or south of the job site is assumed to be construction debris and shall be removed by the Contractor at no expense to the City. Construction debris is defined as lumber, piling, poles, crates, boxes, containers, and other objects, all of which could be used for construction similar to that being used on the site. Debris also includes any pre- existing items excavated at the site such as re-bar, concrete, and bricks. Document received October 9, 2000. 6. Contractor shall present a Beach Barrier Plan to protect the public from equipment movement, construction activity, and the construction site. Document received December 1, 2000. The Engineering Inspector may request changes to the Plan on as- needed basis. 7. An approved copy of the Coastal Commission Permit, other appropriate City permits, and letter authorizing the Contractor to proceed on the project shall be provided. California Coastal Commission Emergency Permit 6- 00- 171 -G. CS /ES /jsg /f:rowmisc /tevar /te6751s.doci TEL 760- 633 -2600 / FAX 760 -633 -2627 505 S. Vulcan Avenue, Fncinim. California 92024 -3633 TDD 760 -633 -2700 1� recycled paper 8. The storage status of Contractor equipment within the City limits shall be determined and the location mutually agreed upon prior to access to the Public Beach. Use of Corporation Yards for storage shall be negotiated directly with the Director of Public Works separately from any Permit processing; compensation will be due the City. 9. A solid waste container of sufficient size shall be made available and conveniently accessible to Lifeguard Services so that debris removed from the Public Beach may be immediately and safely stored. This container shall be lockable with a duplicate key given to the Lifeguard Supervisor. Contractor shall be responsible for regular monitoring, maintenance, and cleaning of this facility. 10. Contractor shall obtain special permission from the City Council for access and use of the Public Beach on City - recognized Holidays, Sundays, between the hours of 7:00 P.M. and 7:00 A.M., Mondays through Saturdays, per Chapter 9.32 of the Municipal Code, and between Memorial Day and Labor Day weekends. 11. Advance notifications shall be provided to the Office of the Lifeguard Supervisor (760) 633- 2748, a minimum of 48 hours prior to each access period through Moonlight Beach State Park. Notification shall include date(s), time(s), equipment types, and duration of work. A single notification shall not include more than one week of work at any given time. 12. The access and use of any Contractor vehicle(1 12) on the Public Beach shall be approved by the Engineering Inspector and Lifeguard Supervisor immediately prior to such access. Only vehicles (112) with placards or stickers indicating official approval will enter the Public Beach. 13. Contractor shall delineate the access way through Moonlight Beach State Park to the satisfaction of the Engineering Inspector and Lifeguard Supervisor. When children are present, flagmen will be required to route Contractor traffic. Special consideration will be given when crowds are present, including prohibition of access. 14. Contractor shall not block at any time access to the Public Beach for emergency personnel or vehicles. 15. The operation of Contractor vehicles (212) while on the Public Beach shall be conducted in a reasonable, safe and prudent manner. 16. Prior to hauling dirt or construction materials to any proposed construction site to which access is authorized by this Permit, the Contractor shall apply to the Traffic Engineering Division and receive approval for the proposed haul route. The Contractor shall comply with all conditions and requirements the Traffic Engineering Division may impose with regards to the hauling operation. 17. Prior to placement of any concrete product at the base of the coastal bluff, the Contractor shall indicate to the Engineering Inspector what methods are to be used to de -water the job site. CS /ES /jsg /f:rowmisc /tevar /te6751s.doc2 18. Staging or repairs of equipment or supplies is prohibited on City Property or right -of -ways. Parking of personal vehicles on the Public Beach will not be allowed. Offending vehicles will be cited and towed. 19. Any entrance gates used to gain access through the Public Beach area shall be immediately locked after access. Any ruts or berm damage to sand areas shall be immediately and repeatedly repaired to remove any public safety hazards. 20. Contractor shall restore or replace on a daily basis any signage regulating handicap person's access, or any other signage, disrupted, damaged or destroyed by Contractor's operations. Contractor shall repaint and restripe pavement markings as needed. 21. The winter season berm and drainage system, when present, of Moonlight Beach State Park shall be maintained in good working order on a continuous basis, and any breach to the berm due to the operations of the Contractor shall be properly filled or sandbagged before the end of the current low tide period. Any sand loss or damage resulting from the failure to maintain the winter berm will be at the expense of the Contractor to restore or repair, respectively. 22. Contractor shall remove debris from the Public Beach on a daily basis or within the maximum period of twenty-four hours from when requested to do so by the Lifeguard Supervisor or Engineering Inspector, whichever occurs first. 23. On Fridays preceding weekends when Special Activities are scheduled at Moonlight Beach State Park, Contractor shall cease operations and remove all equipment and personnel from the Public Beach by 5:00 A.M. All roadways, ramps and walkways shall be swept clean. 24. Prior to final inspection approval of this Permit by the Superintendent of Parks and Beaches, Contractor shall regrade the Public Beach to the contours existing prior to issuance of this Permit. Contractor shall also repair damage to and thoroughly clean the asphalt pavement along the access route. 25. Prior to final inspection approval of this Permit by the Superintendent of Parks and Beaches, Contractor shall either replenish all Public Beach sand lost due to Permittee's operations or compensate the Parks and Beaches Division by contributing to future sand replenishment projects. 26. Contractor shall direct all communications regarding this Permit through the Engineering Inspector, except as otherwise stated in these Conditions. City shall assume no responsibility for instructions received or given outside this "chain of command ". 27. Violations of any Standard or Special Condition will result in notification of the Sheriffs Department for appropriate action. A Stop Work Order on the Permit will be immediately issued by the Engineering Inspector or Lifeguard Supervisor. CS /ES /jsg /f:rowmisc /tevar /te6751s.doc3 28. These Conditions do not exempt the Contractor or Agency of any future fees or charges for access through the Beach area. 29. Permittee or Permittee's Contractor, on behalf of Permittee, has read, understands and agrees to comply with all Beach Encroachment Permit Standard and Special Conditions and guarantees to save, indemnify, and hold harmless the City of Encinitas and all its agents, officers, employees, and officials against all liabilities, judgements, costs, and expenses, which may in any manner or form arise in consequent of the issue of this Permit or any work performed in consequence thereof: (Signature G�,t2�rz L�r��.2vvCrf{ (Name of Permittee /Contractor Printed) CS /ES /jsg /f:rowmisc /tevar /te6751s.doc4 Memo T« Alan Archibald, Director of Engineering Services From: James Knowlton, Geotechnical Consultant Date: 11/30/00 Re: Review of Emergency Permit Application, SonneBrown, 836 -838 and 858 -860 Neptune Avenue, Encinitas, CA, Grading Permit #6751 have reviewed Emergency Permit #6-00 -171 -G from the Califomia Coastal commission and all supporting documents. I have also reviewed the construction plans by FILM and visited the subject site. The following questions /comments have been generated as a response to my review, site visit, and discussion with you and Masih Maher. REPORTS, PLANS AND CALCULATIONS The only site specific geotechnical reports prepared for the property were by American Geotechnical. They speed 65kips/lineal foot for the active design pressures. Your structural calculations use 45kips /lineal foot and reference a report by SEC. This referenced report is for another property and does not provide speck recommendations for this repair. A report must be submitted for this site specifically justifying the reduction of the active design pressure and should be supplied by the soils engineer of record 2. The permit application to the City of Encinitas lists FLM consulting engineers as the Design civil and Soils Engineer. We will need a letter from FILM stating that they are now the soils engineers of record and will be providing the inspection and reports required by the City of Encinitas and California Coastal Commission. 3. No site specific slope stability analysis (Static, Pseudo-static, surficial) has been performed forthe subject repair. Also, both circular and block (wedge) failure analysis will need to be performed. 4. Based upon the boring performed by American Geotechnical and a review of borings on adjacent properties the elevation of the Torrey Sandstone will be at approx. —5 to —10 feet below MSL. This is not depicted correctly on the construction plans. U 5. What will hold the upper caissons in place (vertically and laterally) and what will the bottoms of the caissons be founded in? • Page 1 It appears that a fairly large and deep slot excavation will be required for the lower retaining wall. How is the lower wall being constructed? Has the engineer considered possible reactivation of the landslide during construction? 7. Has the engineer considered drains or hydro-augers (see American Geotechnical) to pick up and drain perched groundwater. g -rte ba-c,L C -�O f6y-Vitt, We will also need a schedule and construction- phasing plan for the proposed work. ��. V All- 0 Page 2 FILF No.450 12/01 '00 08:56 I0:LAMBERS0N KOSTFR 8 CO FAX:4'- '?91 1882 PAGE 2i 3 g_cQRQ CERTIFICATE_ OF LIABILITY INSURANCE °`TE'"I`30/0' ONDONl 11/30/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tam orson Koster S Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 580 California St., Suite 1400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104 -1035 Phone: 415- 391 -1500 INSURERS AFFORDING COVERAGE Condon- Johnson S Assoc., Inc. Pig Doz 123 8 Oakland, CA 4604 e D y THE POLICIES Of INSURANCE LISTED BELOW INK SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONORION OF ANY CONTFRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TYPE OF INSURANCE POLICY NUMBER GATE LJMR GENERAL LNBYJTY City of Encinitas EACH OCCURRENCE $1,000,000 S 100,000 A X COMMERCULLGENERAN.UAIMUTY JLOOAGO8547 05/01/00 05/01/01 FIRED 01!(Ay"fn) S 5,000 CIAIMS MADE [A] OCCUR I MED EXP (AM ene pa%ml $1,000,000 PERSOWIL$ ADV WJURY GENERAL AGGREGATE $2 000,000 PRODUCTS COMP,'OPACA GIRL AGGREGATE LIMIT APPLIES MAL S2 000 000 POLICY X I'l i I LOC AUTOMOSLE LNeLRY GOMEINEO SINGLE UNIT (EE Ao6tluIM) $ ANYAUTO BODILYINJURV lPa, IMNON) $ ALL OWNED AUTOS SClwGuuBD AUTO BODILY INJURY (PAX PradeN) $ NREDAUTO$ NOMOWNED AUTOS I PROPERTY DAMAGE (PM eNSrE) $ GARAGE LABILITY AUTO ONLY - EAACCIOENT S OMEER SHAH EAACC AUTO ONLY. AGG $ _ s ANY AUTO FXCESS UA&Lr WIN OCCURRENCE S AGGREGATE S OCCUR C CLAIMS MADE $ $ DEDUCTIBLE S RETENTION $ IMORRER$ COMPENSATION AND I TORY LZS EL EACHACCOENT Is EMPLOYERS' LIABILITY EL DI$EABE EA EAILOV $ E L. DISEASE - POLICY LIMIT S OTHER PTION OFOPERATION4LOCATIONSNENCLESIE XCLUSIONS ADDED BY ENDORSENENTISPECIAL PROASION8 General Lability: Additional Insured par the attached CG20301185. RE: All operations ENCINAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BECANCELLFD BEFORE THE EXPIRATION DATE TMEREOF, THE ISSUING WSUREA WILL EYRSAYW" MALL 3D DAY5WRIT1E14 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,aMFJMRtl bO0911ALL City of Encinitas ylpoccMCaaMEA.spM4eaAw eR 505 S Vulcan Avenue Encinitas, CA 92024 -3633 Lamberson Koster 6 Com an ACORD 255 (7 187) FILE No.450 12/01 '00 0857 ID :LAMBERSON KOSTER & CO POLICY NUMBER: AOOAGO8547 FAX :41� X91 1882 PAGE 3/ 3 COMMERCIAL GENERAL LIABILITY NAMED INSURED: CONDON- JOHNSON & ASSOCIATES, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: John M. Brown, Richard and Luie Sonnies City RE: 836 -860 Neptune, Encinitas. CJ of Encinitas Job# 0058 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional Insured(s) shall be primary insurance as respects any claim, loss or liability arising out of the Named Insured's operations, and any other insurance maintained by the Additional Insured(s) shall be excess and non contributory with the insurance provided hereunder. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 133 STRUCTURAL CALCULATIONS for NOV 2 0 2000 NEPTUNE AVE SLUFF REPAIR Prepared For. MR. MIKE BROWN & MS. MONICA SONNIE Prepared By. FLM CONSULTING ENGINEERS 7220 Trade Street, Suite 120 San Diego, CA 92121 (858) 566 -0626' FAX (858) 566 -0627 i =: / K FLCkrs PROJECT NO.: 00027 is DATE ISSUED: 03/15/00 } REVISION DATE: 10/18/00 JY C ►_ ti s FL-M 7 .. l..- -- FLIMIFLORIES, LUND & M013' AYIED =�CONSULTING ENGINEERS +PARTPWERS 7220 Trade Street Suite 120 SAN DIEGO, CAURORNIA 32121-2325 (858) 566-0626 FAX [8581 566,C627 JOE on Nepfvt�- Me iEk---PAiK (cEvice: SHEET NO. OF CALCUUTED By DATE- 10.10,00 CHECKED BY -!• F S-. F. 2D-, Ti I f 21 -7-7- ell .04 I /FT 41 -(7 0. -7 _, loos 104' us VJ 2-41 103 !o FT! -7 R 1 —73 rp L 52- ut;t If LL I IT 41 Ll 0-& jo IPF F 3c2o'I FLMFLORES, LUND & MOBAYFD �CONSULTING ENGINEERS .PAPTNERS 7220 Trade Street Suite 120 SAN OIEGO, CALIFORNIA 92121-2325 (856) 566-0626 FAX (858) 5660627 ass Gco-ZI rv, SHEET NO, — 2— OF 9 CALCULATED BY CHECKED BY BOW F tCvFT--' \NALL�l q.5 1010 -PIS SEA I !OF 4— K; -L41 L Kr x na c _p4c" scr Lie -r- I'm I.� rff 1 'o L 1. PA IL O r if Vito I i _K le &Acr-, V6 514N - 1 1 7_1 b" +9 cTiyxo% - 110 Irsi CA: L f -9 F� 0 p MO TiSTZAOP AAWloC (>c JOR- FLMFLORES, LUND & MOBAYED -CONSULTING ENGINEERS -PARTNERS 7220 Trade Street Suite 120 CALCULATED BY DATE. SAN DIEGO, CALIFORNIA 92121-2325 (8581566-0626 FAX (8581 566-0627 CHECKED BY DAW �AIL L ALL T i L14- T A 1. A S, 2. Ell E 51, ITT f L Tro 1,41 fc� Ila, K� I L SP vlar-s. T SA I Foliel K�,, L5 I if 1z"j L7V FLI"FLORES, LUND & MOSAYEO �-CCNSULTING ENGINEERS .PARTNERS 7220 Trade Street Suite 120 SAN DIEGO, CAUFORNLA 92121-2325 (858) 566-0626 FAX (858) 556-0627 JOB L)001-7 e� ,J, SHEET No. OF CALCULATED BY DATE CHECKED BY DATE SCALE 15 i i. I = 4000 rs, 1 Mwl. I I T-T fis;4�- Aic .......... Ar- Lllm'rrs' 40b F� p . . ...... n I X L 6.14 g I i r- JI. F-7-6 . M', LI Oil .iT 4 1 L I covm =2 0 ol ZZ DS NX .4 f %:; 606% > 001 4�y t JOB FLIMIFLORES, LUNG & MOBAYED SHEET NO. S OF- =====� CONSULTING ENGINEERS .PARTNERS 7220 Trade Street Sume 120 CALCULATED By DATE SAN DIEGO. CAURORNIA 92121-2325 (8581566-0626 FAX (858) 566-0627 CHECKED BY DATE .C.L. j4 ILI I l_ 0-rc m�,- I WA Cl L 1 cv;�Jt 'Z'-vjk,%f SJP� ft�sS� c I= 4io f5F L�L e--r,.p-FF FZ 10 1 TOO CH loJ 4 1 5 HEM— SPIL 1 [L51, I a 4r, Dco Z�A AT ;v =- RA IS vrx-1 i r.T ,-I n-v ell r- I I -m c TIV -jj — i. E4 6 ocmu A 'Lou, 2. -7 41 L - - x .73D4; 4\A Me7lwjw- A M American Geotechnical Protecting Your iVlarckt 5, 1998 {�� NOV 2 0 2��I File No. 21864.01 Mr. Andrew Berman NLASSIE, BERMAN & NII LE RICK 1010 Second Avenue, Suite 1500 San Diego, California 92101 Subject: PRELIMINARY REPAIR RECOMMENDATIONS Brown Residence 866 Neptune Avenue Encinitas, California Dear Mr. Berman: As requested, American Geotechnical has prepared the fallowing preliminary recommendations for protecting the subject site from landslide movement and resulting damages. The scope of the work performed in developing the recommendations included visual reconnaissance of the site and review of geotechnical vzvestigation conducted on adjacent properties. The actual elements of the repairs should be designed by a structural engineer utili2ing the recommendations and soil design criteria presented below. The repair delineated below assumes that construction access is limited to the subject lot and that no repair efforts will be made on adjacent properties impacted by the landslide. It should be stated that without contiguous repair on adjacent lots, there is an increased level of risk since isolated repairs can not achieve total stability for the landslide. The repairs are intended to increase the level of protection for the subject lot. Repair Concept and Design Parameters The recommended repair for protection of the subject lot would consist of constructing a sea wall along the beach line at the toe of the bluff, and constructing a caisson wall around the building pad at the top of the bluff. The sea wall should run the entire length of the property boundary and the design should consider the use of caisson foundations and concrete lagging. In addition, the sea wall should be tied back using a system of grouted tieback anchors. A rough sketch showing the approximate layout of the sea wall is presented on Figure 1. A cross - section showing the sea wall concept is presented on Figure 2. 100 ) .Hill 12 1CQ8 AS 5764 Pacific Center Boulevard, Suite 112, San Diego, CA 92121 (619) 4504040 FAX (619) 457 -0814 Corporate Office 22725 Old Canal Road, Yorba Linda, CA 92887 (714) 685 -3900 (800) 275 -4436 FAX (714) 685 -3909 I I I I a M RMDENCE I I I I I I CAISSON W LL WffH TIEBACKS WITH TIE I QIS I I I PONTO BEACH OF BLUFF VUMrT OF FAIURE I - I � z )UN 12 i9!� A. ecccm CPA[ C. U_An APPROXIMATE REPAIR LAYOUT BROWN RESIDENCE MEMCAN GEOTECHNICAL F.N. 21864.01 MAR 1998 FIGURE 1 appr6L IT beach ?pP�� Apply over 2 shalt dbniO rs bluff _— SEA WALL DESIGN CONCEPT BROWN RESIDENCE =TFlGURE 2 AMEWAN GEOTEMIM I FA 21864.01 1 MAR lase File No. 21864.01 Much 5, 1998 Page 4 = American Geotechnical The following parameters should be considered for design of the sea wall and tiebacks: Caisson bearing capacity (Delmar Formation).... Minimum caisson diameter Minimum caisson embedment in bedrock Lateral load at 7.5' above toe of bluff ........................ .....................15,000 psf ........................2.5 feet ...........................10 feet ........................ 65 klf Lateral resistance ............... ............................... ............................300 pcf (EFP) Note: The lateral resistance should be ignored above bedrock and should be applied over two shaft diameters (phantom) along the length of the wail. Tieback bond strength .................................................. .............................20 psi Minimum tieback bonded length Estimated depth to bonded zone Recommended tieback installation angle ......... .............................35 feet .............................20 feet ............................... 25 degrees (measured from the horizontal) In conjunction with the sea wall, it is recommended that a caisson wall be constructed along the top of the bluff This wall should extend along the western edge of the building pad and return along the southern property line for approximately 15 feet The approximate extent of the recommended caisson wall is provided on Figure 1. Concrete grade beams should be used to tie the caisson tops together. The necessity of using tiebacks should be determined by the structural engineer. The following design parameters should be considered for design of the caisson wall: Caisson bearing capacity (Bay Point Sandstone) Minimum caisson diameter... Minimum caisson embedment .......................10,000 psf ..............2 feet ............................ 30 feet Maximum caisson spacing ................ ..........................Three diameters on center nrw� W u File No. 21$(4.01 March 5, 1998 Page 5 Lateral earth pressure .. ............................... = American Geotechnical 50 pcf (EFP) Note: The lateral earth pressure should be applied from the top of the caisson wall to a depth of 15 feet. The load should be applied over three shaft diameters (phantom) Lateral resistance ........................................... ............................... 150 pcf (EFP) Note: The lateral resistance should be ignored above a depth of 15 feet and should be applied over two shaft diameters (phantom). For tieback design parameters assume the same design parameters as presented in the following paragraph. The treatments recommended above will provide increased protection for the building pad and the bluff toe, however, the existing landslide scarp which bisects the sloping portion of the lot will remain exposed to sloughing and erosion. In order to protect this area, it is recommended that a shotcrete wall be constructed along the scarp. The wall should be tied back using either grouted anchors or helical anchors embedded in competent sandstone. The approximate extent of this option is presented on Figure 3. The following parameters may be considered for design of the wall: Bearing capacity (Sandstone bluff face) ..................... ..........................2,500 psf Required resistance per foot of wall ...................... ............................... 7,000 plf Tieback bonded strength ............................................... .............................10 psi Minimum tieback bonded length ................................. .............................15 feet Minimum distance to bonded zone .............................. .............................10 feet Minimum installation angle ................................ ............................... 15 degrees It is recommended that at least 10 percent of the tiebacks be tested to verify performance. The criteria for testing tiebacks will be provided once the repair plans have been reviewed In addition, all caisson excavations should be reviewed by a representative of this office, prior to placing steel, to verify proper embedment. All concrete, reinforcing steel and other construction materials should be designed for corrosive conditions due to the proximity to salt water. If necessary, a corrosion expert should be contacted to help with recommendations for these construction elements. y u JUN 12 98 AS F 11! WALL • i :� •i r � h BAY POINT FORMATION DELMAR FORMATION CLAY SFAM SKETCH NOT TO SCALE SHOTCRETE WALL REPAIR CONCEPT BROWN RESIDENCE FIGURE°'3 AMERICAN GEOTECHNICAL I F.N. 21864.01 1 MAR 1998 A.G. File No. 21864. 01 March 5, 1998 Page 7 American Geotechnical In closing, it should be stated that the treatments recommended will provide substantial protection for the subject lot However, the possibility of shallow failure above the sea wall will remain. Achieving a 1.5 factor - of- safety for the area is impractical. However, it is believed that the likelihood of such failures is relatively low. We appreciate the opportunity to be of service. If you should have any questions, please do not hesitate to contact us. � �tMi tzgn 03 Scott A.�Thcen E•o. oar -�: -t ProjectEnginee ' f R.C.E. 48599 NZ c... GWA/RKJlSAT.mr cc: Mr. Todd Martin, JOSEPHSON & WERDOWATZ, T is Fax & Mail Mr. Larry Gliko - GLIKO CONTRACTING & ESTIMATING, Pia Fax & Mail .wN 12 5-8 AG. o F1 � 6' 1X/NL � STAf O� CALIFORNIA - THE RESOURCES CALIFORNIA COASTAL SAN DIEGO AREA 7111 CAMINO DEL RIU NORTH, SUITE 700 SAN DIEGO, CA 92105.1725 (619) 571 -0036 Mike Brown 1266 Alki Avenue S.W. Seattle, WA 98116 We May 28, 1999 10 Re: Emergency Permit Request for 836/838 and 858/860 Neptune Avenue, Encinitas (Ref. Application Nos. 6- 99 -70 -G & 6- 99 -71 -G) Dear Mr. Brown: Commission staff has reviewed both yours and Richard Sonnie's letters requesting emergency authorization to construct a seawall on the beach and re- stabilize the upper bluff to protect existing residential structures at the above -cited addresses in Encinitas. Based on the information submitted, you have indicated that a recent failure has occurred causing collapse of the existing shotcrete wall at the top of the bluff and approximately 10 ft. of bluff. You have also stated that this constitutes an emergency in that "[f]ailure to re- compress the chance anchors, build a 50 ft. long seawall approximately 15 -20 ft. above the beach and grade the middle bluff with compaction devices and/or chemical treatment will likely result in the loss of [y]our 2 townhomes." While this office agrees that the recent bluff collapse that occurred on May 15, 1999 is new information, the emergency that exists at this site is not new. In 1996, after the previous bluff collapse and construction of temporary emergency measures, you were advised by the City of Encinitas, Commission staff and your own engineer that you should be looking at alternatives to address the overall problem(s) affecting the bluff fronting your residential structure as the authorized emergency measures were only temporary to address the immediate threat to the home. In addition, your May 17, 1999 letter acknowledges that your engineer has warned you for over two years that the site was not stabilized and that a threat to both life and safety still existed. However, you have not taken any steps to address this threat until recently when you were aware that the shotcrete wall was about to collapse on or around May 13, 1999. Relative to your current request, you have indicated that you want to construct a seawall and upper bluff stabilization and have requested emergency authorization to do so; however, you have also acknowledged that you have not provided any geotechnical/engineering support for your request nor have you submitted any plans. As you know, when the Executive Director grants an emergency permit, it is for a very specific proposal designed and engineered to address a sudden, unexpected occurrence that poses a threat to life or property. Additionally, the Emergency Permit process should be reserved for temporary remedial measures, to the extent possible, not the permanent solution. GRAY DAMS, Covwmor M U Mike Brown May 28, 1999 Page 2 In this particular case, due to the recent collapse of the shotcrete wall, it is quite possible emergency measures to stabilize the site are warranted. However, such work must be designed by and under the direction of a licensed engineering professional, knowledgeable of coastal processes. Therefore, in any future requests for emergency authorization, please include relevant geotechnical information, project plans and other documentation which identifies the potential failure mechanisms that could affect the site and discusses the range of alternatives available to address the identified problem and provide temporary stabilization to the bluff. In addition, any such request should demonstrate how the proposed emergency measures are consistent with the City of Encinitas' Draft Comprehensive Plan addressing bluff erosion. In addition you will also need to coordinate with the California Department of Parks and Recreation. Any proposed shore protection on the beach may be on parks property and/or require their authorization to gain access for construction. Without the above - described information, the Executive Director does not have an emergency permit request to consider. However, Commission staff remains available to respond to this and other requests for emergency actions as expeditiously as possible. If you have any questions, please give me a call. Sly Eachern sor, Permits and norcement cc: Richard Sonnie Gary Cannon Diane Langager Hans Jensen Sherilyn Sarb (GASm D1C90U.EEU<ttm�Bro— CMrgprmf dm) SOIL EnahrmrmininG October 25, 1996 Dr. Len Okun 828 Neptune Avenue Encinitas, California 92024 RE: Letter Report Exploratory Trench Investigation Oluut Residence, 828 Neptune Avenue Encinitas, Califomia As per our recent conversations, Soil Engineering Construction (SEC) has prepared the following letter report discussing our findings in regards to the exploratory trench excavated on the bluff face below your residence. The purpose of this work was to determine the condition of the bedrock in the area of the proposed new lower bluff caisson wall. A site plan (Plate 1) showing the approximate locations of the exploratory trenches as well as the boring locations advanced by Lockwood -Singh & Associates is attached. Also attached, is a cross section (Plate 2) depicting the surface and the assumed subsurface soil conditions which exist at the site and a log of the exploratory trench (Plate 3). FINDINGS An exploratory trench was excavated on the bluff below the subject residence. The trench was excavated to a depth of about 29 feet deep. As observed in the exploratory trench, it appears that the existing formational bedrock in this area has moved downslope. This is supported by the orientation of the observed bedrock interface with the overlying terrace sands. Based on our observations, it appears that the bedrock exposed in the exploratory trench is dipping downslope at about 40 degrees. Based on information provided to us by Lockwood -Singh & Associates, the formational bedrock, underlying the terrace sands, dips at about 6 degrees to the west, as interpolated from soil bonngs performed to the west of the residence. In addition, it was observed, that an approximately 1 inch ( + / -) clay seam exists at the interface between the terrace sand deposits and the underlying bedrock. It appears that in addition to the movement of the bedrock materials, the overlying terrace sands slid along this clay seam. The elevation of the top of bedrock, as observed in the trench, is approximately 15.5 feet M.S.L. ( + / -). No groundwater seepage was observed in the exploratory trench. A cross section (Plate 2) depicting the surface and assumed subsurface soil conditions is attached to this letter report. CONCLUSIONS Based on our findings, it appears that the bluff initially failed in a location upslope from the 3220 South Standard Avenue • Santa Ana CA 92705 • (714) 751 -9561 • Fax (714) 751 -9565 Contractor's License No. A- 268082 SOIL 'cI1Glnirninis r. Len Okun Consinucrion. 1 828 Neptune Avenue 25, I October 25, 1996 Page 2 location of the exploratory trench. It is likely that the failure plane followed a path, backscarp, through the bedrock (at a very steep angle) in the area adjacent to the residence and displaced the bedrock downslope creating a cavity along the backscarp which was in filled with the terrace sands. RECOMMENDATIONS It is our opinion that the design concept consisting of a lower caisson /tieback and shotcrete wall along the lower bluff can be constructed at the subject site. The purpose of this lower wall is to eliminate the possibility of any significant movements along the bluff failure plane. It has been reported to us that over 1.5 inches of lateral movement has been recorded since the installation of the slope inclinometers. Based on this information, it is our opinion that more landsliding will occur at the site and the existing residence could be in immediate danger of being lost downslope. We recommend that the existing structure be monitored for any indication of possible movements. As you have been previously informed, the pipe piles installed at the rear of the house are not intended to provide long term stability by itself without the required slope stabilization work. Based on the information presented above, it is our recommendation that the bluff below Dr. Okun's residence be stabilized immediately before any additional loss of property occurs. If plans are being made to move the residential structure away (east) from the existing top of bluff, we recommend they be carried out immediately If you have any questions, require additional materials, please call me at (415) 367 -9595. Sincerely, SOIL ENGINEERING CONSTRUCTTON, INC. t, � M L- Robert Mahony, C.E.G. 847, G.E. 554 President c: Mr. Charles Marvin III, Esq. 3220 South Standard Avenue • Santa Ana CA 92705 • (714) 751 -9561 • Fax (714) 751 -9565 Contractor's License No. A- 268082 METHOD OF EXCAVATION HAND EXCAVATED BUCKET SIZE. NIA DATE 101OW% 8aq Dry Moisture Soil Class Depth (M Sainpia DMtaity COhtard l %) (D.S.c.$) SOIL DESCRIPTION (Pei) TRENCH NO. Elevation 44 S (+1-) 0 SP TERRACE DEPOSITS. yellowish brown fine grain a", dry, loose 8 16 24 f ` @ about 2T Becomes fine to medium sand g about 28' FORMATIONAL SILTSTONE Approximately 1 Inch thick clay seam at contact between Terrace deposits and underlying formational sitstori Appears wet and renaMed. Dipping 32 II about 40 degrees to the wst. i Immediately underlying clay seam, appears to be approx. 6" +/- of remolded clay and siHstone, which iMum is overlying siftstone bedrock materials, and iE also dipping about 40 degrees to the west 40 I I Total Depth of Trench Excavation Approx, 30' No Groundwater Observed 48 i i LOG OF TRENCH Protect No 96-109 PLATE 3 SOIL ENGINEERING CONSTRUCTION 3220 South Standard Avenue Santa Ana CA 92705 March 14, 1997 Ms Diane Langager Planning Dept. City of Encinitas 505 South Vulcan Avenue Encinitas, CA. 92024 6X, No 9191 CG9Sc40C /<e-y ���eVuel c,�A -• c�Q666 RE: Blufface Revegatation and Erosion Contro(836 -838 Neptune Aven e Dear Ms Langager: As a follow up to our telephone conversation this morning, this is a notice of our intent to plant drought and salt resistant vegetation on our blufface below our tieback and shotcrete system that was installed last year. Hydroseeding was our first option but I understand the City of Encinitas /State Park system did not have much success hydroseeding the blufface at Beacon's blufface. I've contacted many landscape companies who have suggested a drip system may be the safest way to go for plantings to control potential erosion. The vegetation considered will have a high degree of acacia because of its extreme drought resistance and success on other parts of the Encinitas cliffs that I have seen since I built here 16 years ago. It is a hardship for me to take a week from my work in Seattle to do this but the contractors estimates were simply too high for me to contract the whole job out. I have scheduled being away the first week in April to complete this work in Encinitas. Hope to talk to you soon. Sincerely, '7L� &tow� cc: Mr Lee McEachren, SD Coastal Commission Mr. Hans Jensen, City of Encinitas Engineering Dept. . LEUE.vO S AFPIE!OX. LOCATipn/DF Lo��GJOOD- S.JGfI &Oe,n1& ® 4PP2ox. Lor,4rlon/ o i= SC C 7p G ^1C 6/ G, PL471� 1 ■1 boo - 80 - ELFv uo (MsL) Zo 7 - LO _ Re -orosr Irom Gldornq ReorogrtDmot CeSCeJEO By Or 4 LSsA 8cti -J& SeC EepLv/2aTOQy 7ZEI4_- is REbi OENC4, %Ere�24C£. Dep„s�sS L 5 r A soel,%* I I I i I 7 ? 7 ? $ E C 7YE^ICWS I I o.a $cncP.) T I I FceAl4Tio^J �1 7 Q RDAThf W - �� �S1bTSTONE' 7 ? �{ - -- ? - ? I � f70-PREY 54^05ro-14 Y. LS<A j 8oe�6S I 301L ¢nclnwllnc conk-Rucion. R D q Nc prwt Avg I - eo — 60 ZO i — o pKvt/ kes - 07 2 � I +� II 7 I' 301L ¢nclnwllnc conk-Rucion. R D q Nc prwt Avg I - eo — 60 ZO i — o pKvt/ kes - 07 2 coN6 RUC oR F �0 �u �e��1���1��� �^'��r ���� �o 1 � f5 �1� Recording Requested By: City Engineer When Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING GRANT OF,BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Broom] Assessor's Parcel Case No. 00- 062MUP No. 256- 011 -17- (01,02) Permit No. 6751TE W.O. No. 6751TE WHEREAS, John Michael Brown and Patricia D. Brown ( "PERMITTEE" hereinafter) are the owners of bluff top, ocean front real property which is commonly known as 836 and 838 Neptune Avenue ( "DOMINANT ESTATE" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. WHEREAS, the City of Encinitas ( "CITY" hereinafter), a municipal corporation, holds an interest in beach property ( "PUBLIC BEACH RECREATIONAL AREA" hereinafter) located in the vicinity of the DOMINANT ESTATE and more fully described as follows: See Attachment B which is attached hereto and made a part hereof. WHEREAS, PERMITTEE desires to construct a seawall at a location immediately seaward of the DOMINANT ESTATE ( "PROJECT SITE" hereinafter) and must cross and otherwise use the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall on the PROJECT SITE. WHEREAS, PERMITTEE desires an entitlement to use the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall; NOW THEREFORE, it is agreed as follows: A. CITY hereby grants to PERMITTEE an encroachment permit in respect to the PUBLIC BEACH RECREATIONAL AREA in accordance with the following: ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc1 Version: March 9, 1994 11:40 Page 1 See Attachment C which is attached hereto and made a part hereof. B. PERMITTEE covenants and agrees to exercise the entitlements herein conveyed in accordance with the following: See Attachment C which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. PERMITTEE agrees that PERMITTEE's duties and obligations under this Covenant are a lien upon the DOMINANT ESTATE. Upon notice and opportunity to respond, CITY may add to the property tax bill of the DOMINANT ESTATE any past due financial obligation owing to CITY by way of this Covenant. E. By accepting the benefits of this Covenant, PERMITTEE acknowledges that PERMITTEE has no title to the PUBLIC BEACH RECREATIONAL AREA and waives all right to that title. F. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. G. Failure of PERMITTEE to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. H. PERMITTEE recognizes and understands that this Covenant may create a possessory interest subject to property taxation and that the PERMITTEE may be subject to the payment of property taxes levied on such interest. I. As conditions precedent to PERMITTEE's right to go upon the PUBLIC BEACH RECREATIONAL AREA: 1. This Covenant must first be signed by the PERMITTEE and notarized; and then executed by the CITY and recorded with the County Recorder of the County of San Diego. Any recording fee shall be paid by PERMITTEE; 2. PERMITTEE must fully satisfy each and every condition precedent to the exercise of PERMITTEE's entitlement to go upon the PUBLIC BEACH RECREATIONAL AREA; and ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc2 version: March 9, 1994 11:40 Page 2 3. PERMITTEE must first comply with the State Coastal Act by either obtaining the approval of the State Coastal Commission, obtaining a waiver thereof, or qualifying for an exemption therefrom, as needed to construct the seawall on public property and traverse the PUBLIC BEACH RECREATIONAL AREA to construct the seawall. — J. This Covenant does not preclude PERMITTEE from taking emergency, protective measures as approved by CITY. K. PERMITTEE agrees to provide written disclosures, and require written consent from, any and all future owners, partners, successors, heirs, personal representatives, transferees and assigns of PERMITTEE's interest in the PROPERTY to the effect that this Covenant is acceptable. Provided, however, if such consent is not rendered, it shall in no way affect the enforceability of this Covenant against such party. The consent shall expressly state that the party has received a copy of this Covenant and shall abide by the terms hereof. L. Upon PERMITTEE's transfer of the PROPERTY to a successor in interest, PERMITTEE may apply to the CITY for a release of PERMITTEE's personal obligations set forth in this Covenant. The CITY shall execute the requested release if it is demonstrated that the successor in interest has fully assumed the obligations herein. M. As delegated by the State Lands Commission, the City hereby conveys State Lands Commission permission to the PERMITTEE to traverse the PUBLIC BEACH RECREATIONAL AREA to construct the seawall and to construct the seawall on public property. ACCEPTED AND AGREED: PERMITTEE �� SSG ` 8DATE Dated( 2 Li - ZOC:b - Dated (Notarization of PERMITTEE signature is attached.) I certify on behalf of the City Council of the City of Encinitas, pursuant to the authority conferred by said City Council, that the City is authorized to execute this Covenant. Dated (Notarization not required) By Alan D. Archibald, P.E. Director of Engineering Services ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc3 Version: March 9, 1994 11:40 Page 3 ATTACHMENT A TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Brown] PROPERTY DESCRIPTION: DOMINANT ESTATE Parcel 1 of Parcel Map No. 11659 in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 10, 1981. Excepting from all of the above described property that portion thereof, if any, now or heretofore lying below the mean high tide line of the Pacific Ocean. ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc4 Version: March 9, 1994 11:40 Page 4 ATTACHMENT B TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Brown] LOCATION: PUBLIC BEACH RECREATIONAL AREA ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc5 Version: March 9, 1994 11:40 Page 5 ATTACHMENT C TO COVENANT REGARDING GRANT OF BEACH ACCESS ENCROACHMENT PERMIT FOR ACCESS ACROSS PUBLIC BEACH TO SEAWALL CONSTRUCTION SITE [John Michael Brown and Patricia D. Broom] DESCRIPTION OF ENCROACHMENT PERMIT AND PERMITTEE's DUTIES AND OBLIGATIONS 1.0 LOCATION OF ENCROACHMENT AREA The location of the beach access encroachment area is depicted on the map which is contained in Attachment B to this Covenant. 2.0 PURPOSE OF ENCROACHMENT: The purpose of the beach access encroachment permit is to entitle PERMITTEE to use the PUBLIC BEACH RECREATIONAL AREA as required for the construction of the seawall at the PROJECT SITE. 3.0 USE OF PUBLIC BEACH RECREATIONAL AREA 3.1 PERMITTEE shall submit to the City Engineer a written proposal setting forth the day[s], hour[s] and safety conditions in accordance with which PERMITTEE proposes to use of the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall. 3.2 The CITY 's Engineer shall expeditiously issue written direction setting forth the day[s], hour[s] and safety conditions reasonably necessary to protect the public from PERMITTEE's use of the PUBLIC BEACH RECREATIONAL AREA during the construction of the seawall. 3.3 PERMITTEE agrees not to go upon or use the PUBLIC BEACH RECREATIONAL AREA for any purpose involving the construction of the seawall at the PROJECT SITE on any day or at any hour, except in complete conformance with the terms and conditions of this Covenant which includes the written directions signed by the CITY's Engineer. 4.0 TERM OF ENCROACHMENT PERMIT This COVENANT shall be effective upon its execution by the CITY and shall remain in effect until canceled by the CITY. ADA /mm/jsg /f:rowmisc /tevar /te6751e.doc6 Version: March 9, 1994 11:40 Page 6 5.0 OTHER PROVISIONS In consideration of CITY's execution of this Covenant: 5.1 PERMITTEE waives the right to object to the formation of any geologic hazard abatement district, assessment district or maintenance district which includes within its boundaries the DOMINANT ESTATE and which concerns sand replenishment or the stabilization of the DOMINANT ESTATE property. — 5.2 PERMITTEE agrees that if and when the CITY or a special district determines that it is necessary for the DOMINANT ESTATE to participate in a project which addresses the stabilization of the DOMINANT ESTATE property, the PERMITTEE shall either construct the project or pay PERMITTEE's fair share of the cost to construct such project. 5.3 PERMITTEE agrees not to develop in any manner the DOMINANT ESTATE except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms and the erection of structures of any type, except as permitted or authorized by CITY. 6.0 ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND POSSIBLE CONSEQUENCES: WAIVERS 6.1 ASSUMPTION ON RISKS BY PERMITTEE. PERMITTEE acknowledges and assumes the risk that: a. the design, construction, maintenance, or functioning of the seawall may not result in the stabilization of the DOMINANT ESTATE and may result in the destabilization of the DOMINANT ESTATE and may otherwise cause damage to the TOMINANT ESTATE, the public beach, persons, adjacent public or private property, or other property; b. The use of forth in Part destabilization c cause damage to persons, adjacent the vicinity; and the PUBLIC BEACH RECREATION AREA as set 3.0 herein above, may result in the )f the DOMINANT ESTATE and may otherwise the DOMINANT ESTATE, the public beach, public or private property, or property in C. Aspects of the seawall project may be judicially challenged by third parties. 6.2 WAIVER OF CLAIMS AGAINST CITY. For claims that are alleged to have arisen, directly or indirectly, from the plans, design, ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc7 Version: March 9, 1994 11:40 Page 7 construction, maintenance, functioning or failure of the seawall or from the use of the PUBLIC BEACH RECREATION AREA as set forth in Part 3.0 herein above, PERMITTEE unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. 6.3 PERMITTEE's waiver herein includes, but is not limited to, claims concerning PERMITTEE's use of the PUBLIC BEACH RECREATION AREA; alleged defects in the plan, design, construction, maintenance, or functioning of the seawall; alleged defects in the materials furnished in the construction of the seawall; alleged injury to persons or property allegedly caused by, or in any way related to, the seawall or PERMITTEE's use of the PUBLIC RECREATION AREA; or any alleged inverse condemnation of property as a consequence of the design, construction, maintenance or functioning of the seawall. This Section is expressly not intended to act as a limitation to the broad waiver set forth in Section 6.2. 6.4 PERMITTEE agrees that for claims that are alleged to have arisen, directly or indirectly, from the CITY's efforts to assist PERMITTEE in constructing a seawall or using the PUBLIC BEACH RECREATION AREA, PERMITTEE unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. 6.5 PERMITTEE's waiver set forth in Sections 6.2, 6.3 and 6.4 does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. — 6.6 It is further understood and agreed that all of PERMITTEE's rights under § 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived with respect to claims against CITY and CITY's officers, officials, employees, and agents relating to the seawall or the use of the PUBLIC BEACH RECREATION AREA. .section 1542 reads as follows: 1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 7.0 ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND POSSIBLE QUENCES: INDEMNIFICATION AND HOLD HARMLESS 7.1 PERMITTEE TO INDEMNIFY AND HOLD CITY HARMLESS. PERMITTEE agrees to indemnify and hold CITY and CITY's officers, officials, ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc8 Version: March 9, 1994 11:40 Page 8 employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof including attorneys' fees, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of PERMITTEE or PERMITTEE's agents, employees, subcontractors, officials, officers or representatives in respect to the seawall or the use of the PUBLIC BEACH RECREATION AREA. Upon demand, PERMITTEE shall, at — its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 7.2 PERMITTEE agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof including attorneys' fees, arising out of, or in any manner connected directly or indirectly with, the CITY's efforts or actions to assist PERMITTEE in the seawall construction. 7.3 PERMITTEE's indemnification and hold harmless obligation herein includes, but is not limited to, claims concerning alleged defects in the plans, specifications and design of the seawall; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the PERMITTEE's proposed plans, specifications or design so long as such change is objected to, in writing, by PERMITTEE, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. 7.4 PERMITTEE's indemnification and hold harmless obligation herein includes, but is not limited to, claims concerning PERMITTEE's use of the PUBLIC BEACH RECREATION AREA; alleged defects in the plan, design, construction, maintenance, or functioning of the seawall; alleged defect; in the materials furnished in the construction of the seawall; alleged injury to persons or property allegedly caused by, or in any way related to the seawall or PERMITTEE's use of the PUBLIC RECREATION AREA; or any alleged inverse condemnation of property as a consequence of the design, construction, maintenance or functioning of the seawall. This Section is expressly not intended to act as a limitation to the broad indemnification and hold harmless provisions set forth in Sections 7.1, 7.2 and 7.3. 7.5 By approving the improvement plans, specifications and design or by inspecting or approving the seawall or the use of the PUBLIC BEACH RECREATION AREA, CITY shall not have waived the protection afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of PERMITTEE who shall ADA /mm /jsg /f:rowmisc /tevar /te6751e.doc9 Version: March 9, 1994 11:40 Page 9 remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as specifically provided above. 7.6 PERMITTEE's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 7.7 The CITY herein expressly does not waive any defenses, immunities or other protections from liability afforded to the CITY by the laws of the United States or the State of California, to include without limitation, the California Government Code. ADA /mm/jsg /f:rowmisc /tevar /te6751e.doclOVersion: March 9, 1994 11:40 Page 10 Recording Requested By: ) City Engineer ) When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: HOLD CITY HAP313AESS FOR BLUFF FAILURE Assessor's Parcel No. 256- 011 -17- (01,02 Case No. 00 -062 MUP Permit No. 6751TE W.O. No. 6751TE A. John Michael Brown and Patricia D. Brown ("OWNER" hereinafter) are the owners of real property which is commonly known as 836 and 838 Neptune Avenue ( "PROPERTY" hereinafter) and which is described as follows: See Attachment A which is attached hereto and made a part hereof. B. In con$ideration of a Beach Encroachment Permit and a Major Use Permit by the City of Encinitas ( "CITY" hereinafter) , OWNER hereby covenants and agrees for the benefit of CITY, to do the following: See Attachment B which is attached hereto and made a part hereof. C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's duties and obligations under ADA /mm /jsg /f:rowmisc /tevar /te6751h.docl 10el0a 1 JAN 90 this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant. E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. ACCEPTED AID AGREED: OWNER D_ •r '`� Date j(- LLf- -ZC700 (Notarization of OWNER signature is attached.) CITY OF ENCINITAS Dated by Alan D. Archibald, P.E. (Notarization not required) Director of Engineering Services ADA /mm /jsg /f:row isc /tevar /te6751h.doc2 10e10a 1 JAN 90 STATE OF WASHINGTON } )Ss COUNTY OF KING } I certify that I know or have satisfactory evidence tha N.arDwn 5 ?&ra c w >?xvwti are the persons who appeared before me, and said persons acknowledged that -( - signed this instrument and acknowledged it to be TL :� free and voluntaryoact ff r the uses and purposes mentioned in the instrument. DATED: 24 tiNcw �6,r 20(,14 vL WIN tP s1fc4 9:y pOTAg), •'•.O pI/B1 1� F0F WA IS1i`a�`�. Notary Public My appointment expires h, -;2, boo ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE PERMIT NO. 6751TE PROPERTY DESCRIPTIC Parcel 1 of Parcel Map No. 11659 in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 10, 1981. Excepting from all of the above described property that portion thereof, if any, now or heretofore lying below the mean high tide line of the Pacific Ocean. ADA /mm/jsq /f:rowmisc /tevar /te6751h.doc3 10e10a 1 SAN 90 ATTACHMENT B TO COVENANT REGARDING REAL PROPERTY: HOLD CITY HARMLESS FOR BLUFF FAILURE PERMIT NO. 6751TE OWNER'S DUTIES AND OBLIGATIONS 1. For claims that are alleged to have arisen, directly or indirectly, from any bluff failure or erosion associated with the PROPERTY or the plans, design, construction or maintenance of OWNER's improvements, OWNER unconditionally waives all present and future claims against CITY and CITY's officers, officials, employees, and agents. This waiver does not apply to claims that are alleged to have arisen out of the sole, active negligence or deliberate, wrongful act of CITY. 2. It is further understood and agreed that all of OWNER'S rights under § 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived. § 1542 reads as follows: 1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 3. OWNER agrees to indemnify and hold CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of OWNER or OWNER's agents, AOA /mm /jsg /f:row isc /tevar /te6751h.doc4 10e10a 1 JAN 90 employees, subcontractors, officials, officers or representatives. Upon demand, OWNER shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. OWNER's obligation herein includes, but is not limited to, alleged defects in the plans, specifications and design of the improvements; but does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of a defect in the plans, specifications or design that is a result of a change required by CITY to the OWNER's proposed plans, specifications or design so long as such change is objected to, in writing, by OWNER, and the writing is filed with the City Engineer more than ten days prior to the commencement of work. OWNER's obligation herein includes, but is not limited to, alleged defects in the construction of the improvements; alleged defects in the materials furnished in the construction of the improvements; alleged injury to persons or property; and any alleged inverse condemnation of property as a consequence of the design, construction, or maintenance of the improvements. By approving the improvement plans, specifications and design or by inspecting or approving the improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of OWNER who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, ADA /mm /jsg /f:rowmisc /tevar /te6751h.doc5 10e10a 1 JAN 90 employees and agents, harmless as provided above. OWNER's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the CITY's intentional wrongful acts, CITY's violations of law, or CITY's sole active negligence. 4. OWNER hereby agrees not to develop in any manner the PROPERTY except as authorized by CITY's ordinances and then only in accordance with issued permits. Among other things, but without limitation, this shall prohibit the alteration of land forms, removal of vegetation and the erection of structures of any type, except as permitted or authorization by CITY. S. This Covenant does not preclude OWNER taking emergency, protective measures as approved by CITY. ADA /mm /jsg /f:row isc /tevar /te6751h.doc6 10e10a 1 JAN 90 a% � J Return Address: , GENERAL. POWER OF ATTORNEY(wfth Durable Provisions) Indexing Information required by the Washington Stale Auditors/Recorders Office. (RCW 36.18 and RCW ON) 1197: (plane P6011aet name Rat) Reference a (If applicable): Grantor(s) (Principal): (1)_ Grantee(s) (Attorney in Fact): (1) Legal Description (abbreviated): Assessor's Property Tax Parcel /Account M (2) Adrit on Addl'. on Add.legal is on page KNOW ALL PERSONS BY THESE PRESENTS: That S LA t—.L i 6- 1L residing at 1 (0 I% A l k ' S t,J 's (p O J . City of S Pf, jii ( — , County of V 4 1A State of Z , )1o.a, _Y made, constituted and appointed, and by these presents i%rc make, constitute and appoint —T Ay LC tna e ( 'R li--M, ) k oftheCityof County of 1 t.. sue_, Stateof A_.i true and lawful attorney_ for ]A- 4? . andin name_, piece and steed and for YL.�_ use and benefit to ask, demand, sue for, recover, collect and receive all such sums of money, debts, dues, accounts, legacies, bequests, interests, dividends, annuities and demands whatsoever, as are now or shall hereafter become due, owing, payable or belonging to 11A and have, use and take all lawful ways and means in �e� name_, or otherwise for the recovery thereof, by attachments, arrests, distress or otherwise, and to compromise and agree for the same, and acquittances or other sufficient discharges for the same for Wk ¢ and in name_, to make, seal and deliver, to bargain, contract, agree for, purchase, receive and take lands, tenements, hereditaments, and accept the seizin and possession of all lands, and all deeds and otherassurances in the law therefor, and to lease, let, demise, bargain, sell, remise, release, convey, mortgage and hypothecate General Poaerof AeoneyHWnb Dunble Pm isimsa) OWashinglon legal Blank, Inc.. Ise quah. WA Form No. 58 101% MATERIAL MAY NOT BE REPRODUCED IN WHOLE OR IN PART IN ANY FORM WHATSOEVER. lands, tenements. and hereditaments, upon such terms and conditions, and under such covenants as VI L shall think fit. Also, to bargain and agree for, buy, sell, mortgage, hypothecate, and in any and every way and manner deal in and with goods, wares and merchandise, chosen in action, and other property in possession or in action, and to make, do and transact all and every kind of business, of what nature and kind soever, and also for at and in ;U !I name_, and as M i act and deed, to sign, seal, execute, deliver and acknowledge such deeds, leases and assignments of leases, covenants, indentures, agreements, mortgages, hypothecations, bottomries, charter parties, bills of lading, bills, bonds, notes, receipts, evidences of debt, releases and satisfaction of mortgage, judgments and other debts, and such other instruments in writing of whatever kind or nature, as may be necessary or proper in the premises. GIVING AND GRANTING unto h% r.V said attorney_ full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to the execution of the powers herein granted, as fully to all intents and purposes as might or could do if personally present, P v.f to hereby ratifying and confirming all that m r% said attorney d U k ✓v VIII cG C, a � ( shall lawfully do orcauseto be done by virtue of these presents. This power of attorney shall be revoked upon ❑ shall become effective upon shall not be affected by disability of the principal, and shall otherwise. - continue in full force and effect until revoked by subsequent writing become null and void after the _3r 6 dayof V1A a.x -� (, (Optional) The said further nomi- nates as guardian of estate and person for consideration by the court if protective proceedings for estate or person are hereafter commenced. In Witness Whereof, have hereunto set -"hand the ayof bce e1, e. Signed and Delivered in the Presence of: STATE OF WASHINGTON. l/ A//71 jSS. (INDIVIDUAL ACKNOWLEDGEMENT) County of 1 certify that I know or have satisfactory evidence that /!1+ e /ei /./ 1_ra&)n is the person who appeared before me, and said person acknowledged that She signed this instrument and acknowledged it to be 0.c✓ free and voluntary act for the uses and purposes mentioned in the instrument. Dated this �O dayof 'b4!0.0 yn.i0t/ ohm? Stub Of 1004 1010 AKMR G Z&VROW, i MN APpok*11001 E AM 7, W4 Print Name w ✓ chi? r' Notary Public in and for the State of i /! D/7 My appointment expires: AW z,� Retti►n Adilres" IAEtJr IYNS rw w r GENERAL POWER OF AITORNEY(with Durable Provisions) Indexing information tequke l by the Washington State Auditoes/Recorder's Office. IRCW 36.19 and RCW 65.0411197: (Please Prim lass name fica) Reference M (If applicable): Grantor(s) (Principal): (1) (2) Addl'. on Grantees) (Attorney in Fact): (1) (2) Addl'. on pg_ Legal Description (abbreviated): Add.legai is on page Assessors Property Tax Parcel /Account M KNOW ALL PERSONS BY THESE PRESENTS: That TLe-ti, i" R A �. t nom. residing at .L 4 11 , A, �-, 3,L 11t6 0 0 .City of S erj+ _ County of lei vt State of W eA - 1 u d h made, constituted and appointed, andby these presents make, constituteand appoint "�e�yw 11A, rLa a a('ur_�... oftbe Cityof S eCJ+ 1 Q .County of r.. ,Stale of W&� t tn L ftm true and lawful attorney_ for Vu and in AA jy name_, place and stead and for use and benefit 01� to ask, demand, sue for, recover, collect and receive all such sums of money, debts, dues, accounts, legacies, bequests, interests, dividends, annuities and demands whatsoever, as are now or shall hereafter become due, owing, payable or belonging to n(-e-- and have, use and lake all lawful ways and means in rA i name_, or otherwise for the recovery thereof, by attachments, arrests, distress or otherwise, and to compromise and agree for the same, and acquittances or other sufficient discharges for the same for )a. Q_ and in � name_, to make, seal and deliver, to bargain, contract, agree for, purchase, receive and take lands, tenements, hemditaments, and accept the seizin and possession of all lands, and all deeds and other assurances in the law therefor, and to lease, let, demise, bargain, sell, remise, release, convey, mortgage and hypothecate General Power or Attomey-(WRh Dar" P.Wata) ®Washington Legal Blank. Inc.. laaquah, WA Form No. 59 fo /96 MATERIAL MAY NOT BE REPRODUCED M WHOLE OR M PART 114 ANY FORM WHATSOEVER. lands, tenements, and hereditaments, upon such terms and conditions, and under such covenants as n C, shall think fit. Also, to bargain and agree for, buy, sell, mortgage. hypothecate, and in any and every way and manner deal in and with goods, wares and merchandise, choses in action, and other property in possession or in action, and to make, do and transact all and every kind of business, of what nature and kind soever, and also for Yla L and in A,. �4 name_, and as M 4 act and deed, to sign, seal, execute, deliver and acknowledge such deeds, leases and assignments of leases, covenants, indentures, agreements, mortgages, hypothecations, bottomries, charter parties, bills of lading, bills, bonds, notes, receipts, evidences of debt, releases and satisfaction of mortgage, judgments and other debts. and such other instruments in writing of whatever kind or nature, as may be necessary or proper in the premises. GIVING AND GRANTING unto said attorney_ full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to the execution of the powers herein granted, as fully to all intents and purposes as T might or could do if personally present, c hereby ratifying and confirming all that �1 , =:I said attorney � IM .c 1 _, . k shall lawfullydo orrause to be donebyvirtueofthese presents, This power of attorney I shall be revoked upon I I shall become effective upon L-1 shall not be affected by disability of the principal, and shall otherwise 1i continue in full force and effect until revoked by subsequent writing become null and void after the _� r &Q day of n.& 0. Pc (Optional) The said further nomi- nates as guardian of estate and person for consideration by the court if protective proceedings for estate or person are hereafter commenced. In Witness Whereof, I-- have hereunto set hand_ the b-a' dayof Lec V�ev— . Signed and Delivered in the Presence of: STATE OF WASHINGTON, / sS. (INDIVIDUALACKNOWLEDGEMENT) County of /7 I certify that 1 know or have satisfactory evidence that G �-, L / G // /J/�CiGJ n is the person who appeared before me, and said person acknowledged that _. �1.Q signed this instrument and acknowledged it to bake/ free and voluntary act for the uses and purposes mentioned in the instrument. Dated this (0+- day of ."Pvv�bp( Mdery R!>b ANDW G 7ANWK A y App0lllmnr Epp KO 1V1W O pie Print Name_ l.Vt/ 77_1,_�/ / SC Notary Public in and for the State of C'[,/4l// /OF iD/i My appointment expires: % il� COUNTV F I L C rJ •• VV a..�J �IVV1J1 •Y.♦ nN K� •rLM San Diego County Assessors Office 334 Via Vera Cruz Suite 150 San Marcos, CA 92069 fax (760) 9406664 From Mary Murphy Phone (760) 9408844 O Mice Brown Monica Sonnie FAX: (206) 938 -8087 (714) 744 -8534 RE: Ownership 838 -838 Neptune Ave. Per our telephone corwersation on March 14, 2000 �,,.�,„,{ e k �tio" cry emu- 1• 0 r .WU01 ... .r ....• W ,lJrJ..VLL Odp K•_ .""I .W 4uJ AS017O02 ?ercel 7atai: 5creea 1- 2001 03 /li,00 11:31:43 ?N: 255 - 311.17 -02 TRA: :9336 RCC. :c :Lana: 47 -25 -i3 : a `.ax at: :tl =OC II R :993 105306 ED! •36 -:5 - ?3 DD: 06 -25 -93 7T: 001 AD /Src: 34 -15 -99 TC F7: 1 3M.)T 3RVOW, JCRW M A ?A'_'R =-A D 1266 ALSI AVE Sit 4600 SEATTLE WA 90116 -4849 ___________ _______ _ ___ 2ropa.--t7 ZAL— -------------------------------- 3itus: 838 NEPTUNE AVE 3NC -NI:AS CA 12024 Legal; FAR 1 -US 2 ?sR DCCBL- 3130508UND =RT :V `lap: PM11999 PM 46crq!Dt! / mica: : LUC: 1:1 ------- ---------- - -- slues and rx %ions M ^21.172 --ad ?ix zzc x Cd :10,534 :=a spy :x x Cd 331.'.56 :,.I OpP =x Hx Cd 331.756 Yttal 331,756 Yet 3x TOana Dt: 35 -12 -93 ------- --- ---------- ----------- ----- C=dcs ------------------------------------ :%PPI Axma: ;4 :CC 9m. :6 -:5 -99 i.:Nl S %RC. 0a' -nA ":r. 4ppr -d 219 'AC: ) '/AD: :6 -25 - ?3 5512: '> /R:: ___ ___ ______ ____ ___ _____ _____ _____ Cut Data ---------------------- PPN: 7MA; 07333 ':CA /Y. - /;Yp: 300^54 ! 1988 / ;'AA8!'!:: 005:08 ! 1987 Reps /Yr! / cF2> T; S -°9, SCRM v.F" AEEF tM- n.> V= AYR YEZT 490 ?Tp :O :-\DSX?S :5 ZISPLIY 331:4/00 11:31:!4 .......... ar ............. .........aa......r........r...a ra.DCAP' - 56.011 - :7 -32 ?X:^ 52:1 _TN: _D :Df ; :! %93 DOC 8. R 1993 {Q5306 DD:06/25/93 :NT 71 SC. iRCK7 - OWN 3i SWJ': &3OMN,1c)C! M6 ?:.T3 :C^. D 07/26/93 73 81993- 405306 (PI 1266 ALKi AVE 3K 0600 SLATTLI, SPA 98116 -4443 Sater-PF1 ... PF2 --- PP3 --- PF4 --- PPS---PF6 --- PF7 --- PFB --- ?F9---PF10--PF11--FFL2--- Help 7a C1 x.:ai Canc :Ianu Exit tack" "W41ces RECORDING REQUESTED BY: AND WHEN RECORDED MAIL THIS DEED AND MAIL TAX STATEMENTS TO: r —t Richard R. Sonnie, Lupe L. Sonnie and Telford A. Walker 5424 Castle Knoll Road La Canada Flintridge, CA 91011 L J TITLE ORDER NO, 40377 -23 ESCROW NO. 20 -W29 -H DUL 0 093—u� s 4 - Z 03 —DEC- 1993 08 =59 All 660 OFFICIAL 'RECORDS SAN DIEGO COUNTY RECDRDER'S OFFICE ARRETIE EVANS, fOUNIY RECORDER. PF: 4.00 FEES AF: 3.00 NA IF: 1.00 _'.': 10.00 BONNIE RESIDENCE SPACE ABOVE THIS LINE FOR RECORDER'S USE INDIVIDUAL GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ -0- [X] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale. [ ] Unincorporated area [XI City of Encinitas, AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RICHARD R. SONNIE AND LUPE L. SONNIE, Husband and Wife as Joint Tenants. hereby GRANT(s) to: RICHARD R. SONNIE and LUPE L. SONNIE, Husband and 1Y as Community Property. the real property in the city of Encinitas County of San Diego, State of California, described as: All that portion of Blocks "B" and "D" SOUTH COAST PARK NO. 2, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, riled in the Office of the County Recorder of San Diego County, or as more fully described in Exhibit "A" attached hereto and made a part hereof. ALSO KNOWN AS: 858 and 860 Neptune Avenue, Encinitas, CA 92024 A.P. #254- 311 -05 -00 PHIS DEED IS TO BE RECORDED FOR THE PURPOSE OF VESTING CHANGES ONLY. DATED September 23, 1993 STATE OF CALIFORNIA // COUNTY OF L 0o & ){:�Ic �'— � -/Z 9.3 before me, a Notary Public in and for said State,_ personally ap eared Z—/,, I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ' /are subscribed to the within instrument and acknowledged me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official se�i V i Mo=CAlj nie ��p rr;�� c NOTAFOMtl,��+ ` (� Com, 1917 + (This area for official notarial seal) LEGAL DESCRIPTION - EXHIBIT "A" ORDER NO. 40377 -23 All that portion of Blocks "B" and "D" SOUTH COAST PARE NO. 2, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at the Southeasterly corner of Block "B "; thence along the Southerly line of said Block "B" and the Westerly prolongation thereof into said Block "D" South 74 016130" West a distance of 236.41 feet to a Point in the Easterly line of that portion of said Block "D" as conveyed by the South Coast Land Company, San Diego County, by Deed recorded in Book 1731, Page 258 of Deeds; thence North 23 909150" West along said Easterly line of the San Diego County Land So feet to a point; thence Easterly in a direct line across said Blocks "D" and "B" to a Point in the Easterly line cf said Block "B", said Point being North 23 °34145" West - record North 23 035133" West - 5o feet from said Southeasterly corner of Block "B"; thence South 23 034145" East - record South 23 035133" East - along the said Easterly line of Block "B" 50 feet to the POINT OF BEGINNING. Excepting any portion lying within Ponto State Beach as delineated and shown on Record of Survey Map No. 7036, filed in the Office of the County Recorder of San Diego County. Also Excepting Therefrom any portion thereof, heretofore or now lying below the ordinary high tide line of the Pacific Ocean. III ' ''n. � � •Fot.: {,JJ�y� ;,yd�y"cJQ.� ',.. _. w: .. �, i1yXJ,hyr .:. '�. pti'te y.r •..a , } 661 OVIP Y • iseaow saWAC" rid L Recorded At The Requesi Of South Coast Title Com RECORDING REQUESTED BY: AND WHEN RECORDED MAIL THIS DEED AND MAIL TAX STATEMENTS TO: --I Telford A. Walker 17744 Skypark Circle #220 Irvine, CA 92714 —i TrrLE ORDER NO. 40377 -23 ESCROW NO. 2 0116 4 29 -H 1407 DOC # 1993-0563924 27 —AUG -1993 02 :17 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER RFt 4.00 FEES: 760.50 AF: 3.00 OC 11F: 1.00 UF: 10.00 TAX: 742.50 '/ I SPACE ABOVE THIS LINE FOR RECORDER'S USE I(MI) � ��3� /�pJ� INDIVIDUAL GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(s) DOCUMENTARY TRANSFER TAX is S 742.50 IXI computed on full value of property conveyed, or I I computed on full value less value of liens or encumbrances remaining at time of sale. I I Unincorporated area IXJ City of Encinitas, AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Henry H. Illman, Trustee of the Henry 11. lltman Trust dated 6/22/90 hereby GRANT(s) to: Telford A. Walker, an unmarried man, sole and separate the real property in the city of Encinitas County of San Diego, State of California, described as: All that portion of Blocks 'B" and "D" SOUTH COAST PARK NO. 2, in the City of Encinitas, County of San Diego, Stalc of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, or as more fully described in Exhibit 'A" attached hereto and made a part hereof. ALSO KNOWN AS: 860 Neptune Avenue, Encinitas, CA 92024 A.Y. # 254- 311 -05 -00 DATED July 28, 1993 /J L� STATE OF GALIFORNbI � `L COUNTY OF �%i2OATy �f(ltcr -74 b °fore me, a N t�y Public in and f said State, personally appeared Y 7t 'mot /�s�2� 3ersonally known to me (or proved to me on the basis of iatisfactory evidence) to be the person(s) whose name(s) s /arc subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ics), and that by his /hcr /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official steal. Signature r L Henry H. Illmann, TRUSTEE Martha Dusio, Notary Public County of Montrose, State of Colorado My Tres I une 4 1997 LI I..III notarial seal) :(T6ta }uea for 6111Id LI I..III notarial seal) . '.� ... {{+ -.�f., tv.,H'. .��Cl+e. w'eN }'!� ...Y: ,.� ,�e1.$.AE•LCi`.i;1U4:J •.•ifi:.,�:� „��.f�*.1 i' iN"•µ`i 1 RECORDING REQUESTED BY - 1 •” REMPDED AT THE REQUE. ON DOC # 19 / .)-044• � a cHlcnco TITLE co. 25— JUN -1993 03 :3' 1`1" WITEN RECORDED MAIL THIS DEED AND. UNLESS PAHERWISE SHOWN BELOW. MAIL TAX STATEMENTS TO OFFICIAL rr.E[ : --,. NAME SAN DIEGO COUNTY RELDROER'I 9FFIf�. STREET Mr. and Mrs, John Michael _ i 7 AHHETTE PAHS, COUNTY RECOROU ADDRESS 98 Cascade trey RF: 4.00 FEES Bellevue, WA 98006 AF: 7.00 UC CITY 1F: 1.00 STATE L J TAX: 302.50 SPACE ABOVE THIS LINE FOR RECORDER'S USE — - – OZ ALL •� Title order No 950853 -d X-' Escrow or loan Na 7120 -VC REO #19275 -6 _ GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) 302.50 DOCUMENTARY TRANSER TAX is $ CITY TAX S computed on full value of property conveyed. or El computed on full value less value of liens or encumbrances remaining at time of sale, kUruncorporated area: D City of • and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GOAT WESTERN BANK, a Federal Savings Bank hereby GRANT(s) to JOHN MICHAEL BROWN AND PATRICIA D. BROWN, husband and wife as joint tenants the following described real property in the County of San Diego State of California: An undivided 1/2 interest in and to Parcel 1 of Parcel Map No. 11659, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, California, September 10, 1981, as more particularly described in Exhibit "A" attached hereto and made a part htereof Dated June 24 State or CALIFORNIA 1 Los Angel > SS. County of g JJJ before 0, 6/24/1993 me personally appeared Ken Schluenz And GREAT WESTERN BANK, a Federal Savings Bank %_ f � Ken , Asst. vice President Z 2l/IL� r —San a M. aze roo s retary personally known to me (or proved to me on the basis of i satisfactory evidence) to be the person($) whose names) Is/ OFFICIAL SEAL are subscribed to the within instrument and acknowledged to SUSAN CHOPP me that he /she /they executed the same In hls /her /their outho- firedcnpacify(leS)1ond that byhls /her /)hfir swature(s) on the 7'd n Notary Public- CdMOrnlo THE EXCLUSIVE RIGHT TO USE, POSSESSION AND OCCUPANCY OF THOSE PORTIONS OF PARCEL 1 DESCRIBED IN INTEREST 1 ABOVE, DESIGNATED AS EXCLUSIVE U5E AREAS AND SHOWN UPON AND DEFINED IN THE CONDOMINIUM PLAN REFERRED TO ABOVE AS BEING APPURTENANT TO INTERESTS 1 AND 2 ABOVE DESCRIBED. t. INTEREST 4: r THE EXCLUSIVE RIGHT TO USE THOSE PORTIONS OF PARCEL 1 DESCRIBED IN INTEREST 1 r. ABOVE AS G -2 AND A -2. ct EXHIBIT A Y 780 i1. 'sc INTEREST 1: ' '.; AN UNDIVIDED 1/2 INTEREST t IN AND TO PARCEL 1 OF PARCEL MAP NO. 11659, IN THE s'- COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, SEPTEMBER 10, 1981, AS SET FORTH IN '•C THE CONDOMINIUM PLAN HEREINAFTER REFERRED TO. 4 _ EXCEPTING THEREFROM THE FOLLOWING: (A) ALL LIVING UNITS AS SHOWN UPON AND DEFINED IN THE CAMINITO WIGHTMAN • - CONDOMINIUM PLAN RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON OCTOBER 2, 1981 AS FILfi NO. 81- 315050 OF OFFICIAL RECORDS. - (B) THE RIGHT TO POSSESSION OF ALL THOSE AREAS DESIGNATED AS EXCLUSIVE USE AREAS, SHOWN UPON THE CONDOMINIUM PLAN REFERRED TO ABOVE. INTEREST 2: LIVING UNIT NO. LA -2, AS SHOWN UPON THE CONDOMINIUM PLAN REFERRED TO ABOVE. ti INTEREST 3: THE EXCLUSIVE RIGHT TO USE, POSSESSION AND OCCUPANCY OF THOSE PORTIONS OF PARCEL 1 DESCRIBED IN INTEREST 1 ABOVE, DESIGNATED AS EXCLUSIVE U5E AREAS AND SHOWN UPON AND DEFINED IN THE CONDOMINIUM PLAN REFERRED TO ABOVE AS BEING APPURTENANT TO INTERESTS 1 AND 2 ABOVE DESCRIBED. t. INTEREST 4: r THE EXCLUSIVE RIGHT TO USE THOSE PORTIONS OF PARCEL 1 DESCRIBED IN INTEREST 1 r. ABOVE AS G -2 AND A -2. CNdiNEGI2 FILE- SITE Q� an��a sr� 4T � \ NORTH O� n VICINITY MAP it _ 816 -866 NEPTUNE AVE. - SHEET INDEX _. SH -1: TITLE SHEET SH -2: NOTES SH -3: SITE PLAN SH -4= BLUFF ELEVATIONS SH -5: BLUFF SECTIONS SH -6: WALL SECTIONS SH -7: DETAILS ^Y HI ''�dYOYtl i 5., I r ILI W m W 2 � � O J �LL �b w �r U a �w � I w G 70 '4w �;y 2 p�X �YC k,91 41&2, 4101,0 W� BN '00 No-El SH--1 .3 FORM 18 SQUARE UyREINFORCED TEST PANEL FOR PURPOSE OF STRENGTH TESTING. PANEL SHALL BE OF SAME THICOPS6 AS THAT OF SHOTCRETE WALL TO BE INSTALLED, RETAIN PANEL FOR FUTURE USE, .4 DATE e RECORD NAME OF NOZZLEMAN SHOOTING THE PANELS AND PART OF THE STRUCTURE REPRESENTED BY THE PANELS, 5. REMOVE FORMWORK 48 HOURS AFTER PANELS ARE SHOT AND STORE PANELS At A SECURE PLACE AT THE J0M61TE. 6 CORE 3 CYLINDERS FROM 2' PANEL AND VERIFY ADEOUATE 6HOTCRETE ENCASEMENT AROUND REINFORCING STEEL. '1. CORE 4 CYLINDERS FROM 18' PANEL AND TEST AT 3 I4 1 28 DAY AGES. T,PIN THE FOURTH CYLINDER FOR 2E6tING IS DIRECTED s a RE � IRED COMPRESSIVE STRENGTHS MINIMUM COMPRESSIVE STRENGTH ✓+` N' CFNP;IO P81 FOR 14 DAY CYLINDER 4 3000 PST FOR 28 DAY CYLINDER b,44" MIX ADJUSTMENT: IF 4 DAY CYLINDERS. DEVELOP LESS THAN REQUIRED COMPRESSIVE STREGTH, ADJUST MIX. PROPORTIONS BY INCREASING THE OIANTITY OF PORTLAND CEMENT 5O RESULTING SHOTCRETE MET$ REQUIREMENTS, , 2 DETERMINE FINAL COMPRESSIVE STRENGTHS BY SPECIFIED CORE TESTS 3W5 CORE TESTS: I TESTING LABORATORY SHALL TAKE FOUR - 4- DIA, CORES (MINIMUM) FROM IS. -TEST PANEL FOR EACH DAY'S PLACEMENT OR 4000 SQUARE FEET OF STRUCTURAL SHOTCRETE, WHICHEVER IS' LESS: TESTING PROCEDURES SHALL CONFORM TO ASM C42 -S A S TEST EACH CYLINDER FOR COMPRESSNE STRENGTHS AS SPECIFIED N34 3 ANT CORE 5HWN5 I DEFIC ENT STRENGTH, ADDITIONAL C 5 5W ALL 5 ALL BE TAKEN AND TESTED AT THE CONTRACTOR'$ EXPENSE FROM TEST PANEL 2 ADDITIONAL CORES ARE RED D FOR EACH DEFICIENT CORE. NOTIFY ENGNEER OF ALL DEFICIENT CORE STRENGTHS. '. 14 ' IF MY ADDITIONAL CORE PROVES DEFICIENT CONTRACTOR SHALL REMOVE AND REPLACE THE DEFICIENT SHOTCRETE AS DIRECTED BY ENGINEER ,5 DELAY CRACK REPAIR A5 LONG AS P06618LE MIL PERFORM JUST PRIOR TO FINAL COMPLETION OF THE HORW, . 341 DEFECTIVE SHOTCRETE: CUT OUT 4WD REPLACE. DEFECTIVE SHOTCRETE INCLUDING RESCUED, SAND POCKETS, SAGS, SLOUGHING AND OTHER DEFECTS STRUCURR OB RVATIOd fA5 REQUIRED -BY SEC 3066 f�NE_Ul? -G 1 1 THE DESIGN PROFESSIONAL RESPCN 815LE FOR THE STRUCTURAL DESIGN 5HA11 SUBMIT A STATEMENT IN WRITING TO THE BUILDING OFFICIAL, STATING .iNNAt pURNG THE CONSTRUCTION OF TH75 STRUCTURE, SITE VI5IT6 HAVE BEEN PEfrfORMED TO OBSERVE GENERAL COMPLIANCE WITH THE APPROVED STRUCit1RAL PLANS SPECIFICATIONS AND CHANGE .ORDERS AND ANT bEFiCIENCIES. NOTED HAVE BEEN CORRECTED, 2 -AT A MNIMIUM, THIS STRUCTURE REOUIRE651TE OBSERVATIONS BEFORE THE FOLLOWING HAS BEEN STARTED. A,' POURING CAISSONS. B, POURING GRADE BEAMS C. GROUTING OF TIE -BACKS AND SOIL NAILS D- TENSIONING OF TIE BACKS E. INITIAL SHOTCRETE INSTALLATION UM_ __..__.:._-.._..- noc _ ry of -- � 'R'IrJ c. )i mmlwm mme o arw�` ewm gy�mm. moan, MM1 5T r�mmme w p oe o q 324 CLEARANCES: MANTAINMINIMIUMCLEARDISTANCE66EWEEN REINFORCING BARS AND FORMS AND FACE OF SHOTCRETE AS INDICATED OR DIRECTED. 3.2.5 .SPLICES: ,I CONTACT SPLICES MAY BE USED FOR 5 BARS 4 SMALLER. LARGER BARS RECAUIRE REQUIRE NON - CONTACT SPACING OF 2 -IRE INCHES OR 3 BAR CIA- (WHICHEVER 15 GREATER) AT SPLICES- 2 BAR SPLICES SHALL BE N' AT POINTS OF MINIMUM 5TRE66 OR AS DIERECTED BY ENGINEER. LAP WELDED WIRE RENOfE EMENTS (WWH SPLICES SHALL BE 6" om 3.3 3 334 2 3 3.5 I ,2 33.6 I 3.31 I 3.4 3.4,1 I 3.4.2 I MAINTAINING BARS IN POSITION: ASSIGN AN IRON WORKER AT EVERY SHOTCRETE PLACING LOCATION TO INSPECT REINFOR:ING AND MAINTAIN BARS IN CORRECT POSITIONS. APPROVAL: OBTAIN INSPECTION AND APPROVAL AS REQUIRED BY PARAGRAPH ENTITLED "FIELD' QUALITY CONTROL" BEFORE SNOTCRETE IS PLACED, PLACING, FINISHING. AND CURING: USE MINIMUM 45 PSI AIR PRESSURE FOR HOSES UP TO CO FEET IN LENGTHS INCREASE AIR PRESSURE 5 PSI FOR EACH ADDITIONAL 50 FEET OR FRACTION THEREOF, IN ADDITION, INCREASE AIR PRESSURE 5 PSI FOR EVERY 25 FEET CE HOSE VERTICAL RISE OR FRACTION THEREOF. USE MAXIMUM 1 -5/8 INCH 51ZE NOZZLE FOR STRUCTURAL SHOTCRETE, PLACING: EXCEPT WHEN SHOOTING RE NFORC NG WILD THE NOZZLE PERPENDICULAR 70 AND 2 -I/2 TO 3 FEET PROM T 5U HE RF 4C E AT REINFORCING BARS HOLD THE NOZZLE 50 AS TO DIRECT THE SHOT - CRETE BEHIND THE BARS 4 SHOOT EACH SIDE OF EACH BAR SEPARATELY. A NOZZLEMM S HELPER E3XIIPPED WITH AN AIR JET SHALL PRECEDE THE NOZZLE AND BLOW OMIT REBOUND OR SAND LODGED BEHIND BARS, ON FORMS, OR PLACED SHOTCRETE, PLACING SHOTCRETE IN P IZ. MEMBERS FROM THE SOT. 15 NOT ALLOWED UNLE55 APPROVED METHODS ARE EMPLOYED TO ELIMINATE ALL REBOUND, MATERIAL SHALL EMERGE FROM THE NOZZLE IN A UNIFORRM FLOW, IF FLOW BECOMES INTERMITTENT FOR ANY REASON, DIRECT THE NOZZLE AWAY FROM THE SURFACE UNTIL THE FLOW .S AGAIN STEADY 4 CONSTANT. DO NOT, REUSE REBOUND OR LOOSE SAND FOR ANY PURPOSE, RIDDLED SHOTCRETE: USE OF "FUDDLED 641 IN WHICH AIR PRESSURE IS REDUCED AND WATER CONTENT INCREASED TO FACILITATE PLACING N DIFFICULT LOCATIONS, 15 NOT ALLOWED. DO NOT PLACE SHOTCRETE WHERE NOZZLE STREAM CANNOT IMPINGE DIRECTLY ON THE INVOLVED SURFACE. WHERE DIFFICULT SHOOTING CONDITIONS OCCUR, OBTAIN PROPER RESULTS ST MAINTAINING CORRECT AIR PRESSURE AND WATER RATIO AND REDUCE SUPPLY OF MATERIAL. CONSTRUCTION JONTS. FORM JOINTS W/ SLOPNG BEVELED EDGES, CLEAN AND DAMPEN HARDENED JOINT SURFACES BEFORE PLACING ADDITIONAL BHOTCRETE. SQUARE EDGED CONSTRUUCTION JOINTS ARE NOT ALLOWED. FINISHING: ROD EXPOSED SURFACES TO TRUE PLANES AND LINES ON REACHING THICKNESS AND PLANE ESTABLISHED BY FORMS AND GROUND WIRES. FLOAT AND LIGHTLY STEEL TROWEL SURFACES SMOOTH, CURING: KEEP SHOTCRETE CONTINUQJSLY DAMP FOR A MINIMUM OF 4 DAYS AFTER PLACING. USE SEALED PLASTIC SHEETING OR OTHER APPROVED CURING METHODS WHERE WATER DURING !e NOT FEASIBLE. CLEAR NONSTAINING CURING COMPOUND CONFORMING TO ASM C 309 -81 MAY BE USED ON SHOTCRETE NOT TO RECIEVE ANY OTHER FINISH, CRACK REPAIR: REPAIR CRACKS MORE THAN VIS INCH WIDE THAT DEVELOP IN SHOTCRETE, OR BETWEEN SHOTCRETE AND CONCRETE. CUT CRACKS OUT 6' WIDE, $L HE BEVEL 4 DAMPEN CUT EDGES, a REPAIR WITH NEW SHOTCRETE CURED 4 FINISHED TO MATCH ADJOINING SURFACE, IN LIEU THEREOF, CRACKS MAY BE REPAIRED BY THE EPDXY PRESSURE GROUTING SYSTEM USING EPDXY CRACK SEALER NIPPLES, AND PRESSURE EPDXY" INJECTIONS CONFORM TO EPDXY SYSTEM MANUFACTURER'S INSTRUCTIONS. REMOVE NIPPLES AND FITTINGS, AND FILL HOLES WITH EPDXY, FINISH REPAIRS FLUSH WITH THE ADJOINING GUFF E, DELAY CRACK REPAIR AS LING AS POSSIBLE AND PERFORM JUST PRIOR TO FINAL COMPLETION OF THE WORK. FIELD QUALITY CONTROL INSPECTION: CONSTRUCT STRUCTURAL 64OTCRETE UNDER THE CONTINUOUS INSPECTION OF AN INSPECTOR. OBTAIN INSPECTION AND APPROVAL OF FORMS AND REINFORCING BY THE INSPECTOR BEFORE PLACING STRUCTURAL SHOTCRETE, CONPRESSIVE STRENGTH TESTS. TESTING LABORATORY SHALL PREPARE TEST PANELS FOR EACH DAYS PLACEMENT PERFORMED BY EACH NOZZELMEN. FORM 2' 5CEARE TEST PANEL USING THE SAME THICKNESS 4 REINFORCING STEEL AS THAT OF THE SHOTC,2FTE WALL TO BE INSTALLED. THE PANEL SHALL BE REPRESENTATIVE OF THE MOST HEAVILY CONGESTED AREA OF REINFORCEMENT IN THE WALL. IS CUUAL17Y ASSURANCE: 1.5,1 APPLICATOR QUALIFICATIONS: PROPOSED APPLICATOR SHALL HAVE AT LEAST 2 YEARS EXPERIENCE IN STRUCTURAL SHOTCRETE CONSTRUCTION AND SHALL HAVE CONSTRUCTED AT LEAST 10 51GNIFICANT STRUCTURAL SHOTCRETE INSTALLATIONS WHICH ON INVESTIGATION, HAVE BEEN FOUND TO BE COMPLETED IN A SATIFACTORT MANNER. THE APPLICATOR SHALL BE APPROVED BY THE OWNER'S REPRESENTATIVE. 3Z NOZZLEMEN QUALIFICATION": NOZZLEMEN SHALL BE CERTIFIED IN ACCORDANCE WITH AD 5063R -82 FOR THE TYPE OF SHOTCRETE APPLICATION REQUIRED ON THE JOB, OR AS APPROVED BY ENGINEER, L53 MIX DESIGN: ACCURATELY CONTROL PROPORTIONS OF WATER TO PORTLAND CEMENT TO PRODUCE THOROUGH AND UNIFORM HYDRATION OF THE SHOTCRETE THAT, WHEN APPLIEDFORMS A HOMOGENEOUS MASS CONTAINING NEITHER SAGS NOR DRY SAND FORMATIONS 2 SHOTCRETE SHALL COMPLY WITH U S C, SECTION 1924, 3 SHOTCRETE SHALL HAVE A MINIMUM 28 -DAY COMPRESSIVE STRENGTH (F'U) OF 4000 PSI. ,4 MIX SHALL CONTAIN NOT MORE THAN 4 5 CUBIC FEET OF DRY SAND PER 94 Ibs SACK OF PORTLAND CEMENT. MAXIMUM TOTAL CHLORIDE ION CONTENT N THE SHOTCRETE MIX, INCLUDNG AGGREGATE, CEMENT, WATER, AND ADMIXTURES SHALL NOT EXCEED LIMITS RECOMMENDED IN AC1201.2R -11. ib DELIVERY AN T D STORAGE: I.6.1 CEMENT AND POZZOLAN: STORE IN WEATHERTIGHT ENCLOSURE TO PREVENT DAMPNESS AND CONTAMINATION. 1.6.2 AGGREGATES: PREVENT SEGREGATION AND CONTAMINATION OF AGGREGATES BY PROPER ARRANGEMENT AND USE OF STOCKPILES, PROTECT AGAINST DAMPNESS. 163 REINFORCEMENT: PREVENT EXCESSIVE RUSTING AND COATING WITH GREASE, OIL, DIRT AND OTHER OBJECTIONABLE MATERIALS STORE IN SEPARATE PILES OR RACKS TO MAINTAIN IDENTIFICATION AFTER BUNDLES ARE BROKEN, 1,64 ADMIXTURES: STORE ADMIXTURES TO PREVENT CONTAMINATION, EVAPORATION, FREEZING, AND OTHER DAMAGE. PART 2- PRODUCTS 2.1 MATERIALS: 2.1.1 PORTLAND CEMENT: ASM C 150 -86, TYPE 11, LOW ALKALI. 212 FINE AGGREGATES: A5M C 33 -86, WASHED, HARD, DENSE DURABLE, CLEAN, SHARP SAND, FREE OF ORGANIC MATTER AND CONTAINING NOT OVER 3% BY WEKHT OF DELETERIOUS SUBSTANCES. 2.13 WATER: POTABLE AND MAINTAINED AT A UNIFORM PRESSURE NOT LE55 THAN 15 psi GAGE PRE5WRE AT THE NOZZLE. 2 i4 REINFORCING STEEL SHALL COMPLY WITH AEON A615, GR. 60, 215 WELDED WIRE FABRIC SHALL SHALL COMPLY WITH AS' AISS. PART 3 - EXECUTION 3.1 FORMS: 31.1 ERECT RIGID FORMS THAT PRODUCE SMOOTH PLAN SURFACES, OF PLYWOOD, STEEL, OR EQUAL, BUILT AND ERECTED TO PERMIT ESCAPE OF AIR AND REBOUND, 312 LEAVE COLUMN FORMS OPEN ON TWO SIDES WHERE-EVER P05516LS FORM OPEN CORNER WITH A WIREGROUND TO WHICH THE TWO OPEN 51DE5 ARE RIDDED. 31.3 FOR BEAMS, CONSTRUCT A SOFFIT FORM AND A VERTICAL FORM OF CLOSELY SPACED WIRES NEAR THE CENTER AND SHOOT MATERIAL FROM BOTH SIDES IN MANNER THAT MINIMIZES POSSIBILITY OF 6AG5 AND D1651PATE6 THE HEAT OF SETTING. 3.14 OTHER METHODS OF PRODUCING THE SAME RESULT MAY BE USED IF APPROVED. 3.15 6ROUND WIRES: i PLACE GROUND WIRES FOR USE AS SCREEDS TO SET THICKNE55E5. SURFACE PLANES, AND PORN OF 64OTCRETE, 2 PLACE GROUND WIRES TIGHT 4 TRUE TO LINE 4 IN SUCH MANNER THAT THEY ARE EASILY TIGHTENED. 316 EMBEDDED PIPING, BOXES, AND ROUGH HARDWARE: CONTRACTOR SHALL COORDINATE WITH ALL TRADES THAT ARE TO FASTEN OR INSTALL ANY PIPING, BOXES, OR OTHER EMBEDS, AND BE RESPONSIBLE FOR ANY CHANGES N THE POSITION OF SUCH ITEMS AFTER SETTING. 31 INSTALLATION OF REINFORCING- ANCHORS, INSERTS, OR OTHER ROUGH HARDWARE. CONTRACTOR SHALL ACCURATELY SET SUCH ITEMS IN SHOTCRETE FORMWORK. 311 CLEAN ALL REINFORCING BARS OF ADHERING INJURIOUS SUBSTANCES INCLUDING OIL, GREASE, PAINT, LOOSE MILL SCALE, HEAVY RUST, AND HARDENED OR SEMIHARDENED 5HOTCRETE. 3,2,2 SUPPORT AND SECURE REINFORCING BARS IN PLACE BY METHODS THAT PREVENT PLACING VIBRATION. PROM DAMAGING THE NOW PROVIDE ADDITIONAL BARS AT SLEEVES AND OPENINGS AS INDICATED OR REQUIRED. 3.2,3 SECURING IN PLACE: .I ACCURATELY PLACE BARS AND WIRE TIE N PRECISE POSITION WHERE BARS CROSS. ,2 BEND ENDS OF WIRE TIES AWAY FROM FORMS AND EXP05ED SURFACES. WIRE TIE BARS TO CORNERS OF TIES AND STIRRUPS, GENERAL NOTES GENERAL 1. WHERE NO CONSTRUCTION DETAILS ARE SHOWN OR NOTED FOR ANY PART OF THE WORK, THE DETAILS USED SHALL BE THE SAME AS FOR OTHER 510MILAR WORK. 2. PROVIDED THAT PRIOR APPROVAL 15 OBTAINED FROM THE ENGINEER, 3, THE DESIGN IS BASED ON THE 19331 UNIFORM BUILDING CODE AND CALTRANS SHORING DESIGN GUIDE 15 USED AS A RESOURCE REFERENCE. 6OIL5 CRjTfiRA REFER TO THE GEOTECiNICAL REPORT DATED: MARCH 5, 1995 BY :AMERICAN GECTECHNICAL FILE No, 21864 -01 STRUCTIURAL_SiEEL_ I. NOW SHALL BE IN ACCORDANCE WITH THE STEEL CONSTRUCTION MANUAL, (LRFD) 2ND EDITION, 2 ALLLL WELDING SHALL BE CO E IN ACCORDANCE WITH THE AW S. STANDARD AW6 DI -94 "STRUCTURAL WELDING CODE - STEEL" 3. STRUCTURAL STEEL: ASTM A -36 DUAL CERTIFICATE (fy =50 KSU, OR 45TM A -512 (Fy =5OKSU 4. STEEL PLATE- ASTM A36 (Fy =36KNO 5. TIE BACKS. *TM A-41$ STRAND (fy = 210NSID 6. SOIL NAILS, ASTM A -615 GRADE 15, 1, HEADED 6TUD5: ASTM A -310, TYPE I OR 2, 8. STUD ANCHORS: NELSON SELF FLUXED ANCHORS OR EQUAL. 9. STEEL SHALL BE IDENTIFIED BY MILL CERTIFICATES. 10- TIE - BACKS /SDIL NAILS SHALL BE DYWIDAG SYSTEMS OR EQUIV , TYPE E DO' - 11. WELDING: SHIELDED METAL ARC WELDING (SMAW), USING CERTIFIED WELDERS, 12. WELDING ELECTRODES: E -10 SERIES, 13: FIELD WELDING SHALL ALL BE CONTINUOUS! Y A PB REGISTERED DEPUTY INSPECTOR. 14, FILLER METAL IN A W AL SHE RC DE - 6 SEAL BE ACCORDANCE RDANCE WITH TABLE 4.1.1 OF " STRUCTURAL WELDING CODE - STEEL" CAWS DI -9A). THE MINIMIUM TENSILE STRENGTH FOR FILLER METAL SHALL BE 10 K51, 15 . ALL FULL PENETRATION BUTT WELDS ARE REQUIRED TO HAVE ULTRASONIC TESTING NV PERFORMED BY A CERTIFIED TESTING INSPECTION LABORATORY, I6. WELDS IDENTIFIED AS REQUIRING CONTINUOUS OR PERIODIC SPECIAL INSPECTION NEED NOT HAVE A SPECIAL INSPECTION WHEN WELDING 15 DONE IN AN APPROVED FABRICATORS SHOP, HOWEVER THE APPROVED FABRICATOR MUST SUBMIT A CERTIFI- CATE OF COMPLIANCE IN ACCORDANCE WITH U B C. SECTION 30$(f). Il, STRUCTURAL STEEL SHOP DRAWINGS: TO BE REVIEWED BY THE ENGINEER BEFORE FABRICATION - 18. STEEL SOLDIER BEAMS SHALL BE COATED WITH "AMERCOAT 385" 2 -PART EPDXY OR APPROVED ECUIV ALEN T, c�KCRE- I. ALL CONCRETE WORK SHALL CONFORM TO THE leCkU1REMENTS FOR REINFORCED CONCRETE" (ACM 318) AND THE "SPECIFICATIONS FOR STRUCTURAL CONCRETE FOR BUILDINGS" (ACI DOH LATEST APPROVED EDITIONS, WITH MODIFICATIONS AS NOTED IN THESE DRAWINGS AND SPECIFICATIONS, 2. ALL REINFORCING DETAILNG SHALL CONFORM TO THE CONCRETE REINFORCING STEEL INSTITUTE MIANUAL OF STANDARD PRACTICE" LATEST EDITION. 3, CONTINUOUS INSPECTION BY A REGISTERED DEPUTY INSPECTOR 16 REQUIRED FOR ALL CONCRETE WORK 4, ALL REINFORCING STEEL SHOP DRAWINGS SHALL BE REVIEWED BY THE ENGINEER PRIOR TO FABRICATION, 5. CONCRETE STRENGTHS: THE CONCRETE StRENGTHS SHOWN IN THE FOLLOWING TABLE ARE MINIMUM COMPRESSIVE STRENGTH AT 28 DAYS, THE AGGREGATES SWOMP ARE THE MAXIMUM SIZE (INCHES) AND THE SLUMP SHOWN 15 THE MAXIMUM (INCHES). ITEM OF CONSTRUCTION (45 P CF AVG) STRENGTH AGGREGATE SLUMP A, CAI65ON5 / GRADE BEAMS -- - -3,000 PS" 3r' --- - - - - -4 B. SHOTCRETE 4000 PSI 3i 3 TYPE V PORTLAND CEMENT SHALL BE USED IN ALL CONCRETE MIX DESIGNS. 6, ALL REINFORCING STEEL SHALL CONFORM TO ASTM A615 GRADE 60 . T. MINIMUM PROTECTIVE CONCRETE COVER OF REINFORCING A, ON EARTH SIDE WHEN ° BARS CR PLACED AGAINST BARTH 3 IN. B. FORM -CAST W/ LARGER ._ IN C. FORM -CAST W/ 5 BARS OR SMALLER, . I S IN 8. VERTICAL FACE OF GRADE BEAMS SHALL BE FORM -CAST GROUT 1.. TIE- BACK/SOIL NAIL GROUT SHALL BE A NEAT CEMENT OR SAND- CEMENT MIXTURE WITH A MIN_ 1 -DAY COMPRESSIVE STRENGTH OF 1500 P N 4. A MIN L 28 -DAY COMPRESSIVE STRENGTH CF 2500 PSI. USE TYPE II PORTLAND CEMENT. SH0 3 TE FARTI- GENERAL 1.1 SUMMARY: THIS SECTION COVERS THE FURNISHING AND PNEUMATICALLY APPLYING A LOW SLUMP CONCRETE AT HIGH VELOCITY ONTO THE PREPARED SURFACE. 1,2 CODES: 'EXCEPT AS MODIFIED BY THE RECSUIREMENiS 9PECLIFEED HEREIN AND ACRE THE DETAILS ON THE DRAWINGS, CONCRETE WORK SHALL CONFORM TO THE 'UNIFORM BUILDING CODE" (USA), CHAPTER 19, "CONCRETE" 13 REFERENCES THE EDITIONS OF THE SPECIFICATIONS AND STANDARDS REFERENCED HEREIN, PUBLISHED BY THE FOLLOWING ORGANIZATIONS, APPLY TO THE WORK ONLY TO THE EXTENT SPECIFIED BY THE REFERENCE: AMERICAN CONCRETE INSTITUTE (ACC. AMERICAN SOCIETY FOR TESTING 4 MATERIALS (ASTM). 14 SUBMITTALS, I4 PRODUCT DATA: I SUBMIT CERTIFICATES OF COMPLIANCE FOR PORTLAND CEMENT AND REINFORCEMENT. 2 SUBMIT MANUFACTURE'S TECHNICAL LITERATURE FOR ADMIXTURES AND CURING COMPOUNDS. Rry¢e � s AlM o E, W Z `q 2 YR Y W U i, �$ Z om r Z 0 4$ 1I AD f CO0021 nnNe. Ip /Il /BID s e, __. _ NOTED.. ....' RF ,saner N §Hr2 DECK I I % I—, 2 TB-3,4,5 TYR --- X TYR Yipf ail r (E) DECK NIL 5T ©TAER5, NOT PART,;, WIT SET /I EQU_ 5. Aafm�, i-e IT CAI SON — .1 'TO MATH (E) a CONC. ALL I M, "M 'R M ADJACENT G�6NC WALL BY OTHERS NOT PART THIS FEW x x. —T5 I IT, TYF, 0 (D -712 01-01 SHOfRING FLAN (44 W z NOTEZ, -SH-3 co, BETHEEN BEA ADJACENT 5 01-li RACE T MATO ELE AT,N .e 90 M5 1 T5-3 -T!3�2 TYR TYP EL lo -o" / 1 -5— lo, - — - -------- IIOTCRETE 1A C1 OVER 801L NAILS V-v YP 5o, T,C,H- El -0" EHOTCRETE FACE 3c, 5FTIFEN BEAMS ACE T5-I TIP A� NT HALL BY O74ER5 j N TO MATCH ELEVATION 6 E BEA MSL a, 1 1, Fo M -0 "J TORREY FORMATION - 0 0 (2) 0 G) 0 0 0 (D (W) 0 0 Q -20 E L F VAT I CN TIE BACK / SOIL NAIL SCHEDULE MARK 511E TYPE UNECND ED BONDED D TREEE, LOCK -OFF DESIGN LENGTH (FT1 ENGTH (IT) LOAD (KIP) LOAD (KIP) LOAD (KIP) ELEVATION -T5-I 12 0 0 <61 STRAND 30, 450 300 350 20,0' T5-2 �-O,& 0 <51 5TRAND 10, 43' 250 1E, W i 72,0 TB-3 -5 15 K6 THREAD BAR E' 21' 33, 0 22 83'e, T5-4 .10 75 K51 THREAD BAR 5" 301 41, 0 31 70 2 1 0 TB-5 MO 115 — TLRSAD BAR * TEST ONE SOIL NAIL PER l uj W w A- 10/17/00 NOTEi:-, 1 sneer rvo SH-4, TOP � EXIS BLUR FAILUF REMAIN IN R TOP C EXIS' BLUFF FAILUF REMAIN IN Pl SLUFF 5 C IONS 6 N -6 SLUFF 5ECTION5 9m 8m' lm 6m' �dCBA * y m' Y)" =x�M _. 40 ''�t # 51,. — 3m' em N 6 w _ s TOP � EXIS BLUR FAILUF REMAIN IN R TOP C EXIS' BLUFF FAILUF REMAIN IN Pl SLUFF 5 C IONS 6 N -6 SLUFF 5ECTION5 9m 8m' lm 6m' �dCBA * y m' =x�M _. 40 ''�t # 51,. — 3m' em N 6 w _ s 0 m' Z 3 t J `a m' 2 $$ V 0 U'' - -1 �1 w W � O R, f a cm I Ca oa'. o G GD I, am' o F— x I 2m' m' m' w z e na: -am' FhOOO21 - I0/I1/ 00 - cnce. NOTED SH 5 858 / %0 NEPTWE AVE. (E) SHOTGRETE .__...__ WALL (E)HELICAL ANCHOR M)e "SHOTCRETE — \, WALL \` _HED. PER IILATED 501E P NAIL TTP` NAIL TY T4 e 12' O.G. Z, I CONT. T 15 TYPICAL UPPER BLUFF 501L NAIL, 5ECTION SHOTCRETE EL 5HOTGRETE WALL EL, 19' 01, TO BE AT LATER DATE A RECEEDING BLffF 4 "m P 36" m GAI650M lFc =3O0ID psl) TYPICAL UPPER BLUFF TE. BACK SECTION TYPIC AL LOWER- E_LUFF T -BAC< SECTION � m W w W < 2 Wb N 2 �$ w r w W R r_ c Cis O E—� �v e O f � L W m I fl,0 027 eh iQ' /�la� NOTED CHECKED 6Y: R a SH ®6 ! 9/4" MLR PERM SHOT THICKNE55 = 8" 3" CLR lMIN7� � � -— GEOCAMPOSITE 2 LAYERS- 6z6- W5.5xW5.5 - DRAINAGE BOARD 4x4- W4.BxW4. W 5, EA. FACE -�� MAINTAIN 4" MIN. MESH OFEN'G -- MAINTAIN 2' MIN (FRONT CURTAIN) MESH OPEN'G (REAR CURTAIN) fE TrlxB "x8 [OVERSIZED CENTER HOLE - BAR DA � 1 /4) ' BIRD'S BEAK FILLED _ _ • ° WITH SHOTCRETE 12" MIN. SQ. 3r�' DIA HEADED STUDS BLOCK -OUT 3' MOM) LEADWETH WELDED TEST NAIL TO PLATE ON 5x5" t ONLT EXTEND SQUARE PATTERN MESH 8" MIN. BAR L - APPARENT Of INTO BLOCK- HEX NUT TO MATCH CUT FOR 6' SPLIC NAIL CE I 1 I BEVELED WASHER TO MATCH NAIL DE.,LINATION PERM SHOT - -- fXCAVATIgJ LINE �\ HICIME55 OF GECCOMP05ttE DRAIN BOARD HOTCREiE BACK FACE LINE PERMANENT._SHOTGRETE_FAGINCa AND NAIL D_E_TAIL HORIZONTAL GEOMOMPOSITE DRAIN BOARD STRIP IT 1) - 8 V O/C ORATEVERY OTHER SHOT LIFT, WHICHEVER IS LE55. BEGN WITH FIRST SNOT LIFT JOINT AND END AT BOTTOM OF WALL, ABOVE WEEP HOLES AS SHOWN IN DET. t VERTICAL GEOC DRAIN BOARD ! e V' , O/G OF NAIL 1 -- ENCAPSULATED SOIL NAIL BAR GROUT / ` MIN. --, / —" „ M” CENTRALIZER (PLACED EVERY T FEET ALONG NAIL 5TARTING 3 FEET FROM BOTTOI) PERMANENT WALL DRAINACsE DETAIL SHOT LIFT JT (TTP) 1- 1/2"4Tl "III I -In" rr�m) 4" 8, 3/4" DA HEADED STUDS, 3" (NOM) LENGTH, WELDED TO PLATE ON -- 5 °x5° SQUARE PATTERN WALL 2 3/4'x8'x8" (OVERSIZED CENTER ADD'L. iHICKNE55 FOR LOWER 4 f f HOLE WALL ONLY — - = BAR DIA x 1/4 ") ^. CAST / 4�ADED SCTUDS " - 4" PVC DRAIN PIPE FOR LOWER WA L) DRAIN BOARD c S _ \ Q � N WWF B -�— __�. (IIF$�OER INFO NOT SHOWN GEOCOI'IPOSITE E Im - NEADE�TUp ANp PLATE DETAIL ARIES SHORING -- /z" 5TIEFNER R WALL CAST PERT PERM GEOCOtTEO51TE - 4" PVC DRAIN PIPE E 30 DRAIN BOARD c HORIZ PERM- - GEOCOI'IPOSITE DRAIN BOARD �_ o0 WALL, DRAINAGE DETAIL,. ( / 4 "0 PVC C ® EA. STIR 4 -� CONT. EA. •3 TIES ® I; I'tv g' Io�IJ AT DISCRETION OF CONTRACTOR FOR LESS THAN 6 OPEN CUT) —LAG BOLT INTO EA SHORING BOARD AT DISCRETION OF CONTRACTOR. - -CONT. STEEL ANGLE 2 ?/TTP. `REAM PER AN � M � ml 5 W b W Z_ w 5 I Z 3 0 C u. -- /z" 5TIEFNER R E� �_ o0 TE BACK.._ � q M I z H � m r[' - �-<TYP- r `4 ADD E 34 "x2ae'k2' 6" CENTERED ON SLOTS t ISM, E GROD F _T, /EITHER �D2l _. /4F \ SIDF TYP M11O �v: R F FLAN FL AN �A SH -i