2014-376548 ni D O C ## 2014-0376548
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SEP 02, 2014 4:03 PM
OFFICIAL RECORDS
Recording Requested by: ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg,Jr,COUNTY RECORDER
\ City Engineer ) FEES 31 00
PAGES: 6
When Recorded Mail To:
City Clerk )
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas CA 92024
SPACE ABOVE FOR RECORDER'S USE
MAINTENANCE AGREEMENT FOR UNCONTROLLED
AND NON-STRUCTURAL EMBANKMENT
APN• 264-020-18 Case #: 06-009DR/13-175SUBC
G Grading Plan. 9602-G
WILLIAM H GISH III TRUSTEE OF THE GISH TRUST A DATED SEPTEMBER 26,
1974 ("OWNER" HEREINAFTER), the owner of real property which is commonly known
as APN 264-020-18 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 9602-G and in Exhibit "B" 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:
William H. Gish II , rustee AI"- , _ Date
��� �lYt�►'� �O�a h-��G(171
(Notadrization o OWNER signature is attached).
CITY OF ENCINITAS:
All /vA "/" S ! 2l L4
Masih Maher for Glenn Pruim Date
Director of Public Works
City of Encinitas
(Notarization of CITY OF ENCINITAS signature not required).
Exhibit A
Legal Description
PARCEL 1 OF PARCEL MAP No. 18210, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTY, FEBRUARY 25, 1999 AS FILE NO. 1999-0117217 OF
OFFICIAL RECORDS.
B R
2
5406
Ex 9/30/14
cs'9T�oF CA��F���\Q
EXHIBIT 'B'
PLAT MAP
N89*08'41"E 399.37'
rn
cs N 0
cn
PCL 1
610,
Pm 18210
C6
A 42'31'47'
400.00;
N89*07'J7" -
E 248.16' 296 91'
L
LONE HILL
INDICATES UNCONTROLLED AND
NON-STRUCTURAL EMBANKMENT
(SEE CITY OF ENCINITAS GRADING
PLAN No. 9602-G)
Lu 6190
Exp 6/30/16
JOB No. 13-002 8-26-14
(P C I V I\- SOWARDS & BROWN ENGINEERING
CONSULT NG ENGINEERS
T'
OF CA� 2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA CA,92007
TEL 760/436-8500 FAX 760/436-8603
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of So.� SS.
On �"-Z� -2.01(4 , before me, Ar) Jl YYI�►n , Notary Public,
DA7 E
personally appeared Pv,A ro, o (' tacc V1 ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is re subscribed tot within instrument
and acknowle ed to me that he/whey executed the
same in��rs/ er heir authorized capacity(ies), and that
by his er 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
ANGELA A. SIMON laws of the State of California that the foregoing
Comm.#2M314 (A g g
Noy y moo CAF O -� paragraph is true and correct.CWTY
Mr Corr ED MNt 2,2011
WITNESS my hand and official seal.
ANGELA A. SIMON
rotCNa �31� a
N sin o*oo Cowtr
Mr Cow EII► MNI 2.2011
NOTARY'S SIGNATURE
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PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
F] PARTNER(S) TITLE(S)
[] ATTORNEY-IN-FACT
TRUSTEE(S) NUMBER OF PAGES
GUARDIAN/CONSERVATOR
j OTHER DATE OF DOCUMENT
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SIGNER(PRINCIPAL)IS REPRESENTING: v
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SIGNER
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APAI/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP//WWW VALLEY-SIERRA COM '2005-2008VALLEY-SIERRAINSURANCE
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 5�t /1� ) e(Ab SS
On —27— Zo I q , before me, 1C, , S;"ion Notary Public,
DATE
personally appeared ,/ )\CA-5 n,�
h ,/V\G-�e r who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/ re subscribed the within instrument
and ackn ledged to me tha e/ he/they executed the
Sam i hi er/their authorize capacity(ies), and that
by is er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
ANGELA A. SIMON I certify under PENALTY OF PERJURY under the
�CAowPUILI-CAWOR� N laws of the State of California that the foregoing
SAN MY Con. NMI 2017 paragraph is true and correct. )
)
WITNESS my hand and official seal.
6�1
NOTARY'S SIGNATURE )`
PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S)
ATTORNEY-IN-FACT
NUMBER OF PAGES
TRUSTEE(S)
F] GUARDIAN/CONSERVATOR
OTHER. DATE OF DOCUMENT )
)
) )
OTHER )
SIGNER(PRINCIPAL)IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) RIGHT c
THUMBPRINT L
OF L
SIGNER —
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APA 1/2012 NOTARN BONDS,SUPPLIES AND FORMS ATHTTP:NWW'W VALLEY-SIERRA.COM 2005-2008 VALLEY-SIERRA INSURANCE