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2014-525333 g DOC ## 201 4-0525333 F I IIIIIIII 11111111111111111111111111111111111111111111111111111111111 IN DEC 02 , 2014 10.52 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Recording Requested by* ) Ernest J Dronenburg,Jr,COUNTY RECORDER City Engineer ) FEES 29.00 PAGES: 5 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 EMBANKMENT APN: 264-223-18 Grading Plan: 11721-SG C' RICHARD S. DREYFUSS AND SVETLANA DREYFUSS, HUSBAND AND WIFE AS JOINT TENANTS ("OWNER" HEREINAFTER), the owner of real property which is commonly known as APN 264-223-18 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 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: 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 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 24.040of the City of Encinitas Municipal Code the City Engineer will instruct removal of the Uncontrolled Embankment if it is not maintained in a safe and sanitary manner. ACCEPTED AND AGREED BY- R: Richard S. Dreyfus Date (Notarization of OWNER signature is attached). CITY OF ENCINIT Z /1/1 12-12,1 14 Masih Maher for Glenn Pruim Date Director of Public Works City of Encinitas (Notarization of CITY OF ENCINITAS signature not required). CALIFORNIA.ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of , On fwd �fore me UP n , (Here insert time and title of the officer) personally appeared C-ha� onal ' 5-5 who proved to me on the basis of satisfactory evidence to be th err (s) whose(g etl� /are subscribed to f the instrument and acknowledged rto thgt'slshe/they executed the same ind&Aer/their authorized ies), and that by�isAzer/their si on the instrument perso (s), or the entity upon behalf of Which th rso (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. CASEY MADEIRA-WILCOX ' Commission#2069295 THE my hand and official sea Z;-a+ Notary Public-California D Z San Diego County My Comm.Expires Jun 20,2016 Sign o (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any admowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that doaonent Thu only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a docronent so long as the verbiage does not requkre the notary to do something that is illegal for a notary in California li.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required Number of Pages Document Date - State and County information must be the State and County where the document signer(s)personally appeared before the notary publie.for acknowledgment e Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed (Additional information) e The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). - Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLARvM BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual s) information is/are)or circling the correct forms.Failure to correctly indicate this � nformation may lead to rejection of document recording. ❑ Corporate Officer - The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form- 11 Partner(s) - Signature of the notary public must match the signature on file with the office of the county clerk ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). - Securely attach this document.to the signed document 2008 Version CAPA v12.10.07 800 473-9865 www.NotaryC)asses.com EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 2, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PAGE 4850 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 24, 1976. ATTA "B" NOI *32' 01"W 376. 36' 7 I / � t VI � °v W Ld IL IL 11 � m 7 NOI *32 ' 29"W 376. 70 ' LEGEND: ®APPROXIMATE LIMIT OF UNCONTROLLED EMBANKMENT AREA SUBJECT TO MAINTENANCE AGREEMENT. 250 PROPOSED INDEX CONTOUR 248 PROPOSED INTERMEDIATE INDEX CONTOUR —— 248 —— PREVIOUSLY EXISTING CONTOUR SCALE: 1 " =40 ' Qp�Of ESSIpNq R. COASTAL LAND SOLUTIONS.INC. cO Expo 09/30/i5 S � SECOND sTFEET //-l��y � � ENCINITAS. CA 92024 P N(0760))2230-6026 R.C.E. 4NE S DATE F G CA CLS#1163