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2011-490012Recording Requested by: J City of Encinitas When recorded mail to: Director of Engineering Services City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOCk 2011-0490072 111111111111111111111111111111111111111111111111111111111111111111111 SEP 21, 2011 2:40 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 28.00 11193 PAGES: 5 SPACE AB( 11111111111111111111111111111111111111111111111111111111111111111111111111111IN111I UNCONTROLLED EMBANKMENT ACKNOWLEDGEMENT AND MAINTENANCE AGREEMENT-GRADED AREA a\1 APN Number: 264-020-11 Site Address: 3485 Lone Jack Rd. The undersigned, LONE JACK RANCH. L.P OWNER hereinafter, is the owner of real property which is commonly known as 3485 LONE JACK ROAD and is fully described in Attachment "A" which is attached hereto and made a part hereof, in the City of Encinitas, County of San Diego, State of California, hereinafter referred to as PROPERTY. The OWNER agrees with the City of Encinitas, as follows: The OWNER acknowledges that the portion of the property that is delineated on Attachment "B", which is attached and made a part hereof, is identified as Historic Soil Disturbance, the date of which is unknown and predates the City of Encinitas jurisdiction over the property. Given the uncertainty of the area, it may not be suitable to support any foundations, buildings, structures, or settlement sensitive improvements, unless the subsurface soils are mitigated and/or a special foundation design is prepared by a licensed soils engineer and is approved by the Director of Engineering Services to address all foundation and soils issues relative to the Historic Soil Disturbance. 2. The Historic Soil Disturbance will be maintained in a safe and sanitary manner at the sole cost, risk and responsibility of OWNER and his/her successors in interest, who shall hold the City of Encinitas harmless with respect thereto. In accordance with section 23.24.040 of the City of Encinitas Municipal Code the Director of Engineering Services will instruct removal of the Historic Soil Disturbance if it is not maintained in a safe and sanitary manner, as reasonably determined by the Director of Engineering Services. [The remainder of this page is intentionally left blank] 117666/000001/1384607.04 OWNER: 1 119 4 LONE JACK RANCH, L.P., a California limited partnership By: S.O.A.R.I.N., Inc. a California corporation Its: General Partner By: Je e )6s President Date Jeffrey J. Moses President CITY OF EN INITAS /V ~ - JAA /0,MEAw1RCrlGF- A. W/-NTT- Date ~~>2 I"t T~YZ %M EK(,~r-1Er_az r-4 6. DIk6Cl orZ -2- 117666/000001/1384607.02 11195 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SA lV D lt c~,d On ~ Z// before me, Dat Here Insert Name and Title of the Officer ' personally appeared J-EFFREV /I M,<ES Name(s) of Signer(s) CARLA CLARK Commission # 1829135 Notary Public - CaliforMs z San DW99 Ccvrq COnlm. & rota Jan 2 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ji/are subscribed to the within instrument and acknowledged to me that he/they executed the sa a in is/ er/their authorized capacity(ies), and that by~ii her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a o~cial s Signature ' Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: UI100AI CAII 114.4 /n/ /-;~77 NC'E Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General _ ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 6E/v/~!: 74 /T - Number of Pages: NOfny~E/J<F ,T AiQ0 Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General _ ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www,NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 11196 ATTACHMENT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL A: PARCEL 1 N THE CITY OF ENCNITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 3765 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8, 1975. PARCEL B: AN EASEMENT FOR ROAD, WATER, PIPELINES AND UTILITY PURPOSES AND APPURTENANCE THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 2 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 3765 OF PARCEL MAPS N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8, 1975, LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2, NORTH 86°00'40" EAST 66.07 FEET TO THE TRUE PONT OF BEGINNING; THENCE SOUTH 11'06'28" WEST 253.68 FEET TO THE WESTERLY LINE OF SAID PARCEL 2. PARCEL C: EASEMENTS FOR ROAD AND UTILITY PURPOSES, AND INCIDENTALS THERETO OVER THOSE PORTIONS OF LOT 7 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848 FILED N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 1898 LYING WITHIN THE BOUNDARY OF THOSE 60.00 FOOT STRIPS OF LAND AS DESCRIBED IN PARCELS I AND 2 N DEED TO GREGORY H, BROWN, RECORDED MAY 1, 1975 AS INSTRUMENT NO. 75-103227 OF OFFICIAL RECORDS AND BEING DELINEATED AS "EXISTING 60.00 FOOT PRIVATE ROAD EASEMENT" AS SHOWN AT PAGE 3765 OF PARCEI, MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8, 1975. APN: 264-020-11 117666/000001/1384607 02 11.157 ATTACHMENT "B" DEPICTION OF HISTORIC SOIL DISTURBANCE w LEGEND- o AREAS OF HISTORICAL SOILS 01SWBANCE L VIVL JACK ROAD