2012-255930DOC# 2012-0255930
11111Hu1uG ~111 MHO1111111n1111111111111111111111111111111111
Recording requested by' ) MAY 01, 2012 4:45 PM
City of Encinitas )
OFFICIAL RECORDS 'S OFFICE
SAN DIEGO COUNTY RECORDER
When recorded mail to Ernest J Dronenburg, Jr , COUNTY RECORDER
FEES 25.00
City Engineer ) PAGES: 4
City of Encinitas )
Vulcan 505 South Encinitas, CA 92024enue j II~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIII~IIIIIIII~IIIIIIIIIIIIII~IIIIIIIII~IIIIII
SPACE A_
Maintenance Agreement
Uncontrolled Embankment
Site Address 1900 Lake Drive Application Number 111173-G
2~po 5~3_l f 11-041 TPM
The undersigned, the owner of 1900 Lake Drive (APN 260-523-14) and per legal description,
Attachment A, in the City of Encinitas, County of San Diego, State of California, in the consideration of
the grant of permission by the City of Encinitas to install and maintain an Uncontrolled Embankment per
Attachment B for the use and benefit of owner's property, and agrees with the City of Encinitas, as
follows.
1 The Owner acknowledges that as an Uncontrolled Embankment, the site is not eligible for a building
permit unless special soils analysis and foundation design are approved
2 The Uncontrolled Embankment wi a maintained in a safe and sanitary manner at the sole cost, risk
and responsibility of the prope owner and his successors in interest, who shall hold the City of
Encinitas harmless with resp t thereto In accordance with section 23.24 040of the City of Encinitas
Municipal Code t ~ity E meer will instruct removal of the Uncontrolled Embankment if it is not
maintained in aaTe an anitary manner
Owner'
1v~
Prin~d(ne(s) U S Financial, LP
Do ald R. Rady, _
e
Dated this 11KI_ day of _
20%--
[Signature of OWNER must be notarized Attach the appropriate acknowledgment.]
Date
5 11121,
By.
L tt ~-rL etc +-1t)
C'-kTY E-OCi
m16500
ACKNOWLEDGMENT
State of California
County of San Diego )
On April 11, 2012
before me,
Marc Kircos, Notary
(insert name and title of the officer)
personally appeared Donald R. Rady ,
who 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 acknowledged to 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.
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 and official seal` MARC KIRCOS
4COMM. COMM. # 1924028 NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY 0
EXPIRES MARCH 2 2015
Signature (Seal)
M rc ircos
ATTACHMENT `A'
LEGAL DESCRIPTION
TPM 11-041
The land referred to in this Report is situated in the County of San Diego, State of California, and is described as follows
Parcel 1
Lot 179 of Poinsettia Heights Unit No 5, in the City of Encinitas, County of San Diego, State of California. according to
Map thereof No 4564, filed in the Office of the County Recorder of San Diego County, June 16, 1960
Excepting therefrom that portion lying Northerly of a line described as follows
Commencing at the Southeast corner of said Lot 179, thence along the Easterly line of said Lot 179, North 00 degrees 30'
15" East 485 00 feet to the true point of beginning, thence at right angles North 89° 29' 45" West 161 00 feet to the
Westerly line of said Lot 179,
Also excepting therefrom that portion lying Southerly of a line described as follows
Commencing at the Southeast corner of said lot 179, thence along the Easterly line of said Lot 179, North 00° 30' 15" East
245 00 feet to the true point of beginning, thence at right angle North 89° 29' 45" West 196 00 feet to the Westerly line of
said Lot 179
Parcel 2
An easement and right of way for ingress and egress for road public utilities and sewer pipe line purposes and
appurtenances thereto, over, under, along and across the Easterly 41 00 feet of Lot 179, of Poinsettia Heights Unit No 5 in
the County of San Diego, State of California according to Map thereof no 4564, filed in the office of the county recorder of
San Diego County, June 16, 1960
Excepting therefrom that portion lying within Parcel 1 above
Said easement is for the use and benefit of and is appurtenant to all or any portion of lot 179 of Poinsettia Heights Unit
No 5, according to map thereof no 4564, filed in the office of the county recorder of San Diego County, June 16, 1960
APN No 260-523-14
ATTACHMENT B
VIM 260-5234q
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PARCEL 3
W
t -S a-16 w1
1 -523-05
-E 9739..1 APN.~~~JL
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LIMITS OF
UNCONTROLLED
EMBANKMENT
2 - 23--0
41~ _
PARM 1.--ILI
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APX 2160-52. -11
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41.00 - - -1'.AXB-1B _ - - - - - - - ~ -
N01 013 54'E 240-00'
PASCO L.ARET SUITER
& ASSOCIATES
CIVIL ENGINEERING + LAND PLANNING + LAND SURVEYING
535 N Coast Highway 101 Ste A Solana Beach, CA 92075
vh 858.259.8212 fz 858.259.4812 1 plsaengineering.com