2014-492125 I
DOC # 201 4-0492125
1111111111111 11111111111111111111111111111 111111
NOV 12, 2014 4:13 PM
Recording Requested by: ) OFFICIAL RECORDS
�Q City Engineer ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg,Jr,COUNTY RECORDER
FEES 28.00
When Recorded Mall To: ) PAGES: 5
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. 254-612-10-/ Case #- 11-099 DR/CDP
Grading Plan 11978-G
RELE PROPERTIES LLC., A CALIFORNIA LIMITED LIABILITY COMPANY
("OWNER" HEREINAFTER), the owner of real property which is commonly known as
APN 254-612-10 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 as shown on grading plan 11978-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:
/0&Z
Robert J. Vhter, Manager Date
RELE Properties, LLC
(Notarization of OWNER signature is attached)
CITY OF ENCINITAS
"'JA /VN 1114114
Masih Maher for Glenn Pruim Date
Director of Public Works
City of Encinitas
(Notarization of CITY OF ENCINITAS signature not required)
Exhibit `A'
UNCONTROLLED AND /OR NON-STRUCTURAL EMBANKMENT AREA
LEGAL DESCRIPTION
A PORTION OF LOT 58 OF ENCINITAS TRACT NO. 94-066 IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 13356 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY SEPTEMBER 4, 1996, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT NORTHERLY NORTHWEST CORNER OF SAID LOT, THENCE
SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT 58 SOUTH 01 020'53"
WEST A DISTANCE OF 115.36 TO THE TRUE POINT OF BEGINNING,
THENCE LEAVING SAID BOUNDARY SOUTH 88 036'26" EAST A DISTANCE OF 72.52
FEET TO THE BEGINNING OF A NON-TANGENT 133.14 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, THE RADIAL OF WHICH BEARS SOUTH 58°43'54"
EAST, THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 87.63 FEET
THROUGH A CENTRAL ANGLE OF 37 042'35", THENCE NORTH 68 058'40" EAST A
DISTANCE OF 30.94 FEET, THENCE SOUTH 31°18'24" EAST A DISTANCE OF 59.66
FEET, THENCE SOUTH 63°03'49" EAST A DISTANCE OF 71.48 FEET TO THE
WESTERLY LINE OF A PUBLIC ROAD AND UTILITY EASEMENT KNOWN AS QUAIL
GARDENS DRIVE, DEDICATED ON MAP 13356;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 26 029'42" WEST A
DISTANCE OF 617.42 FEET TO THE WESTERLY LINE OF SAID LOT 58, THENCE
NORTHERLY ALONG SAID WESTERLY LINE OF LOT 58 NORTH 01020'53" EAST A
DISTANCE OF 571.58 FEET TO THE TRUE POINT OF BEGINNNING.
CONTAINING 82,249 SQUARE FEET OR 1.89 ACRES, MORE OR LESS.
P` LAND SG
r � Z 3 i N �. �, s co,� �L
JOHN S. COFFEY DATE a 'JZ 1µ
LS 8733 EXPIRES 12/31/2014 t s �
No 8733 "
OF CA��F���\
Page 1 of 1
EXHIBIT T' PLAT
i
o "? OPEN
N SPACE
o W� EASEMENT
2 /
68.58'40" E S 31'18'24" E /
30.94' 59.66'
/ ROAD &
S 88.3626 E Z+ 35 / UTILITY ESM'T.
72.37' '-1 6 4I /1 .
5
T.P.0.B.�� 0
100 S 63.0349" E
p v *
i 71.48'
PEDESTRIAN
EASEMENT
INGRESS/ /
r, EGRESS
J�� A � �EASEMENT
LJr 5 AI / 1 Jr J -
UTILITY 72.0 W
EASEMENT / oNP` LANG s v
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a �� h
co a Io /z3'Iy- �
O cy
N / * No. 8733
CAOFOQ`?
/ LEGEND
DRAINAGE / UNCONTROLLED AND/OR
EASEMENT ' NON-STRUCTURAL EMBANKMENT AREA
/20' WATER
INGRESS/
EASEMENT
/
EGRESS
EASEMENT
UTILITY
JOHN . COF EY JS 8733
I EASEMENT Hm: COFFEY ENGINEERING, INC.
UNCONTROLLED AND/OR NON-STRUCTURAL EMBANKMENT AREA
PORT/ON OF LOT 58 OF MAP 13356
ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS
County of ,q) D (� C
On T 4 - I before me, l0, !'C , `, ` 0 n Notary Public,
DATE
personally appeared P-o 6e r,4-- _T 1_h_jef 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 acknowledged to me thateshe/they executed the
sam I iAer/their authorized capacity(ies), and that
` by her/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
CoMt�•# !009314 UI laws of the State of California that the foregoing
N 1 NOT�D'GO C00 om" ••
Mr Colw.EaP MNt.2,20» paragraph is true and correct.
WITNESS my hand and official seal
NOTARY'S SIGNA URE
C
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
❑ PARTNER(S) TITLE(S)
❑ ATTORNEY-IN-FACT
NUMBER OF PAGES
F1 TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER. DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
RIGHT
THUMBPRINT
OF s
SIGNER
a
0
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