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2013-382554 D O C # 2013-0382554 IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII / JUN 18, 2013 3:20 PM �k f„ OFFICIAL RECORDS ` Recording Requested by: ) SAN DIEGO COUNTY RECORDER'S OFFICE I / City Engineer ) Ernest FEES: Dronenbur31.00 COUNTY RECORDER 31.00 I` PAGES: 6 When Recorded Mail To: ) City Clerk ) 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas. CA 92024 SPACE ABOVE FOR RECORDER'S USE MAINTENANCE AGREEMENT FOR UNCONTROLLED AND NON-STRUCTURAL EMBANKMENT APNs: 256-172-05✓ Project No.: 11-115 TM Plan No.: 10900-G LF ENCINITAS PROPERTIES LLC., the owner of real property which is commonly known as APN 256-172-05 and as particularly described in Exhibit "A" which is attached hereto and made a part hereof, ("PROPERTY" hereinafter) 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 embankment over an Uncontrolled and Non-Structural Embankment on the Property at a location shown in Exhibit"B" which is attached hereto and made a part hereof, for the use and benefit of owner's property, agrees with the City of Encinitas, as follows: The Owner acknowledges that an Uncontrolled and/or Non-Structural Embankment potentially exist on the Property at the location where the owner intends to place additional embankment as shown on grading plan 10900-G. The Uncontrolled and/or Non-Structural Embankment, even if overlain by compacted/structural fill, is not suitable for support of any structures. The area of Uncontrolled and/or Non-Structural fill is not eligible for a building permit or other development permits unless all Uncontrolled and Non-Structural Embankment is removed and recompacted for the entire depth of Uncontrolled and Non-Structural Embankment and other loose soils beneath the proposed embankment. The owner also understands that this future soil mitigation may result in a considerably higher cost than if the proposed embankment was not present. The owner also acknowledges that the City of Encinitas will not accept alternative mitigation measures such as a foundation design, compaction grouting, etc. in lieu of the required removal and recompaction of the embankment and underlying soil in the future if development is proposed. Additionally, the Uncontrolled and Non-Structural Embankment will be maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the property owner and his successors in interest, who shall hold the City of Encinitas harmless with respect thereto. In accordance with section 23.24.040 of the City of Encinitas Municipal Code the City Engineer will instruct removal of the Uncontrolled and Non-Structural Embankment if it is not maintained in a safe and sanitary manner. ACCEPTED AND AGREED BY: OWNER: LF Encinitas Properties, LLC By: Leicht, F dation its Sole Member By: James S. Farley, CEO I Da�'/ (Notarization of OWNER signature is attached). CITY OF EN ITAS: / zt�KI-1 , Glenn Pruim Date Director of Engineering and Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �l State of California I County of U On AC 12 l before me, 64A' V4 Date Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) S' I I =1 who proved to me on the basis of satisf tory evidence to be the person(s) whose name( is are subscribed to thin instrument and acknoie ged e that he he/they executed the same in hi r/their authorized capacity(ies), and that by RA NDA GAIT.MILLJOUR is er/their signature(s) on the instrument the Commission#1916144 person(s), or the entity upon behalf of which the Notary Public - California( person(s) acted, executed the instrument. > San Diego County P k, My Commission Exp. Jan. 6, 2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. l� WITNESS my hand and official seal. I Signature: Place Notary Seal Above Sign ure of Notary PublicI OPTIONAL � Though the information below is not required by law, it may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. , Description of Attached Document Title or Type of Document: Document Date: 14 Number of Pages:_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) I. Signer's Name: Signer's Name: � E Corporate Officer — Title(s): Cl Corporate Officer — Title(s): Li Individual - =:- ❑ Individual Ll Partner — i_7 Limited 11 General Top of thumb here L l Partner — CI Limited C_I General I 7.p of thumb here fi G Attorney in Fact Ll Attorney in Fact Trustee [j Trustee =1 Guardian or Conservator Guardian or Conservator fi L! Other: 1 Other: fi Signer Is Representing: Signer Is Representing: %cx=<;��><:�c%<;�--c.�=4s�=c.r=h,��.r-,�.�e=e,�=e;�-e�;�s�=w�w�;�=c,�e.��.�c,�=w�=e�c.�=�c.��.�=,c;�,u�=<:��•w�=�;�=c,�;c.� e:�c.�•�.c-.�;�,�x h.c-c.�r�'� ©2010 National Notary Association•National Notary.org 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT "A" LEGAL DESCRIPTION THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE WESTERLY 150.00 FEET THEREOF. y 0 -AND s, ST�G ��► X2 ""')4 q v O 71241.f L.S.8553 DOU S B. STRO P.L.S. 8553 HUNSAKER&ASSOCIATES SAN DIEGO, INC. �TF OF CALi�`°�� PAGE 1 OF 1 :PV M:430481031Legal Descriptions1A01 Public Recreational Trail Easement EXHIBIT A.docx WO 3048-03 6/7/13 ,«+y/` r'`^�a.`lf✓/! �'�: it ! _�'� .-tom i•�-J� g� c�- �_. 0 W N 2Cf) v coil eq cq Ld LLI r 7 nom,-v'�°r r� � Y rr�-.�"�r,r`r�-r- a.. -�---� s ��•- -_;i � y�^��9i e z � d r O ` m J d i r- _ LLJ State of California ) CALIFORNIA ALL-PURPOSE County of 5 Ann Dr Cbo ) CERTIFICATE OF ACKNOWLEDGMENT on _YtA rrL 1 � k 0 13 before me, NO POSenbaum, Notary Public (here insert name and title of the officer) ' personally appeared 'SA l&S S 63 1—r who proved to me on the basis of satisfactory evidence to be the person((whose name(, is/cmb subscribed to the within instrument and acknowledged to me that he/s,*/trey executed the same in his/b¢r/tlypir authorized capacity(i4), and that by his/h&ANOir signature(s) on the instrument the person(, or the entity upon behalf of which the personA 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. PAUL ROSENBAUM a eh* COMM. #1995424 z a Notary Public•California 10 Z San Diego County °WITNESS my hand and official seal. Comm.Expires Nov.11,2016 Signature Paul Rosenbaum, Notary Public (seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Method of signer Identification titled/for the purpose Of Proved to me on the basis of satisfactory evidence: L0 form(s)of identification C' credible witness(es) Notarial event is detailed in notary journal on: containing pages, and dated Page# Entry The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact — ❑ Corporate Officer(s) ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) Tttle(s) ❑ i ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer Is Representing O Copyright 2007-2011 Notary Rotary,Inc PO Box 41400,Des Moines,IA 50311-0507_ All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.