2011-490011D O C # 2011-0490011
Recording Requested by: J
SEP 21, 2011 2:40 PM
I) t
City of Encinitas OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg. Jr., COUNTY RECORDER
When recorded mail to: FEES: 28.00
Director of Engineering Services 1118 8 PAGES' 5
City of Encinitas
505 South Vulcan Avenue 1111111 VIII VIII VIII VIII (IIII VIII VIII VIII VIII VIII (IIII VIII VIII VIII IIII IIII
Encinitas, CA 92024 SPACE ABC
UNCONTROLLED EMBANKMENT ACKNOWLEDGEMENT AND MAINTENANCE
AGREEMENT--FILL DIRT
l~ Gv 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 Unauthorized Fill Dirt, the date of
which is unknown. 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 to address all foundation and soils issues relative to
the Unauthorized Fill Dirt.
2. The Unauthorized Fill Dirt 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
Unauthorized Fill Dirt 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]
117666/000001/1384620.05
OWNER:
LONE JACK RANCH, L.P.,
a California limited partnership
By: S.O.A.R.I.N., Inc.
a California corporation
Its:4Ggeral P n
r !/'v
Je~ey M sesi President
CITY OF ENCINITAS
A111 o•~
r,yiL Aw RErtGf, A . WATT
I~r~R1~M F_'rtC,1~E~►ZINCsc DIRZ CTo►2
11189
Date G
ct/21
Date
-2-
117666/000001/1384620.04
11.1 J0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California
County of N Di e-& o
J
On before me, L L~ L f N b TA42-V~
Date T. Here Insert Name and Title of the Officer '
personally appeared
J.
C!"! E CARLA CLARK
Cwrunisaion 0 IV9195
Notary Pubk, - CWonW
San Diw Cow*
Cow T 1
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is re subscribed to the
within instrument and acknowledged to me that
Vapacity(ies), she/they executed the same in his/her/their authorized
and that by~flyher/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 officia eal. ;Signature /
i ure of Notary is
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: UA/ ('1)kTlk'6) L
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 - 7~7
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
/y~/1/IENT l~C'.fl~Di v~ED~
M //V %~i ✓~~/c~
Number of Pages:
F/gewT 4IU D
flfj~2~ EMEiv 7
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:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
11191
ATTACHMENT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL A:
PARCEL I IN THE CITY OF ENCINITAS, 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 IN 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 86000'40" EAST 66.07 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 11006'28" 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 IN 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 1 AND 2 IN 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 PARCEL
MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8,
1975,
APN: 264-020-11
117666/000001/1384620.04
1.1192
ATTACHMENT "B"
DEPICTION OF UNAUTHORIZED FILL DIRT
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AREAS OF UNAWHORIM ~
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FILL DIRT
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JACK
ROAD
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117666/000001/1384620.04