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2015-282135 DOC# 2015-0282135 IIIII IIIII IIIII IIIII IIII 111111 IIIII IIII IIIII IIIII IIIII I II IIII IIII Jun 02, 2015 04 00 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER Recording Requested by: ) FEES- $35 00 City Engineer ) PAGES 7 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: 258-372-07v/ Grading Plan: 296-G BRIAN CLAY STANTON AND JENNIFER J STANTON, HUSBAND AND WIFE AS JOINT TENANTS, the owner of real property which is commonly known as APN 258-372-07 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 255-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: Brian Stanton, Owner/Trustee Date J nifrLr Stanto , Owner/Trustee Date (Notarization of OWNER signature is attached). CITY OF ENCINITAS: //), /."l44 -- 5/ 27 / 1-5 Masih Maher for Glenn Pruim Date Director of Public Works City of Encinitas (Notarization of CITY OF ENCINITAS signature not required). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California __ ) County of��d 1 EC,,0 ) On S Z '�� before me, E N IL Date r-14,Qre Insert Name and Title of the fficer personally appeared I � Names of Si ner s who proved to me on the basis of satisfactory evidence to be the personK whose name is/aFe- subscribed to the within instrument and acknowledged to me that he/ehe4h4y-.executed the same in his/hoW#eirauthorized capacityand that by his/f�erkl 05ignatur(X on the instrument the persorX, or the entity upon behalf of which the person)4 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. VAtEfOE J.QNID50N WITNESS my hand and official sea COMIgsioa 1900184 = fbhry PYOMC-CaOfornio > San aMo Signatur Mv Comm.En s,Im 25.2016 {. Signature f Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Doc MC "cST Document Date. S l Number of Pages. t0 Signer(s) Other Than Named Above Capacity(ies) Clip" ed by Sig ) Signer's Name. T2iLl!Nn! ? Signer's e. ❑ Corporate Officer — Title(s) ❑ Corporate r — Title(s) Partner — -- Limited ❑ General ❑ Partner — Limite General ,individual ❑Attorney in Fact Individual ❑Attorney—inTa Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Consery ❑ Other- ❑ Other- Signer Is Representing Signer Is Representing. ©2014 National Notary Association - www National Notary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of"Z>%E &L ) I - On � � � 5 before me, � DSDI� Date Insert Name and Title of the Officer personally appeared -% 1-� who proved to me on the basis of satisfactory evidence to be the person whose nameg isAffa subscribed to the within instrument and acknowledged to me that 44e/she/tip executed the same in Sher/tWif authorized capacity(K, and that by hWher/tUeir signatureo#on the instrument the persorx, or the entity upon behalf of which the personK 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. VALERIE J.HUDSON WITNESS my h4anffic i comet s"/1960164 ='s" Notary Poo-California D San Dili°Cow" Signatur C"M.boffl im 25,2016 Signat re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:y*_{I GE ;— 9-11211 Docunn nt Date. Number of Pages. _6 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signe _ Signer's Name "TEt304 L a'� Sig is Name. ❑ Corporate Officer — Title(s) ❑ Corp fficer — Title(s) El Partner — Limited C General F-j Partner — Li General individual ❑Attorney in Fact � Individual ❑Attorney i I Trustee E l Guardian or Conservator -I Trustee ❑ Guardian or Conse ❑ Other- ❑ Other, Signer Is Representing Signer Is Representing ©2014 National Notary Association •www.National Notary org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT "A" LEGAL DESCRIPTION OF REAL PROPERTY PARCEL 1 OF PARCEL MAP NO. 20363, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON SEPTEMBER 21, 2007. LAND LES�yFs �mn SEAN C. NGLERT, L.S. 7959 DATE S. 7959 m COASTAL LAND SOLUTIONS, INC. # ' � p OF ca SHEET 1 OF 1 ATTACIIV "B" > > N89-21'44"W Bi.25' w EX. w w o� /HOUSE 0 11 89.49'40 W 181. 5' I , LEGEND: I APPROXIMATE LIMIT OF UNCONTROLLED EMBANKMENT AREA SUBJECT TO MAINTENANCE AGREEMENT oQROFESS/0 V.C�Fy2 No. 7C055 SCALE: I "=40 ' ExR_�!! ' n COASTAL LAND SOLUTIONS,INC. L\ J 577 SECOND STFEET ,� 1 ENCINITAS. CA 92024 PH (760) 230-6025 (;D A D V. CARON DATE FAX (760) 230-6026 E. 70066 CLS#205GP2 �) ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies only the identity of the individual who signed the document to which this Certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SS SCE V� �( '�-C�� ' On 5 210 IS , before me, ���.\G` ' �� Mir , Notary Public, DATE personally appeared IV\ 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 w edged to me that h she/they executed the sa h /her/their authorized capacity(ies), and that by hi 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. SIN Comm.$2009314 N NOTARYPUAUi0 SAN DIEGO RN1A N I certify nder PENALTY OF PERJURY under the C COUNTY y J\ NY CM.EXP MAR.2,20» laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. "Z& 6, 1 PLACE NOTARN SEAL IN ABOVE SPACE NOTARY'S SIGNATURE 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 ❑ PARTNERS) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT OTHER. OTHER RIGHT _ ) SIGNER(PRINCIPAL)IS REPRESENTING: THUMBPRINT L ) NAME OF PERSON(S)OR ENTITY(IES) OF ) SIGNER ) F APA012015 NOTARN BONDS,SUPPLIES AND FORMS ATHTTP:,'WWW�ALLEN-SIERRA.COM 2005-2015VALLEN-SIERRA INSURANCE