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2015-548947 4. DOC# 2015-0548947 IIII I II II II IIII IIII IIII I IIII IIII I III IIIII IIII IIIII III III Oct 20, 2015 04 26 PM OFFICIAL RECORDS / Ernest J Dronenburg, Jr, (p SAN DIEGO COUNTY RECORDER FEES $3100 Recording Requested by: ) ' PAGES 6 City Engineer ) 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. 255-040-45� Grading Plan 255-G L JOHN E. GARNER &JANET L. GARNER. TRUSTEES OF THE GARNER FAMILY TRUST DATED 12-16-97, TRUST 3, the owner of real property which is commonly known as APN 255-040-45 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. Alternatively, the City of Encinitas may consider and approve other corrective mitigation measures recommended by a licensed geotechnical engineer 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. Alternatively, the City of Encinitas may consider and approve other corrective mitigation measures recommended by a licensed geotechnical engineer ACCEPTED AND AGREED BY OWNER. 2 /d// E. Garner, Owner/Trustee Date 0 ne L. amer, Owner st Date (Notarization of OWNER signature is attached) CITY OF ENCINITAS: /1A AA-[- 10/0/15 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 for Garner Property The North 666.24 feet of the East 330.00 feet of the North Half of Lot 12 of Rancho Las Encinitas,County of San Diego,State of California,according to Map thereof No. 848,filed in the office of the Recorder of said San Diego County,June 27, 1898. William A. Steen,RCE 18136 F #6900-103 8/5/15 M.N.A. OLI VENHA/N ROAD ;� OWNER N8730'15"E 330.00' JOHN & JAN GARNER — ' — 1877 OUVENHAIN RD. I R.S. NO. 1631 ENCINITAS, CA 92024 Q PHONE: (760) 943-7603 i i a - I SITE ADDRESS pq 1877 OLIVENHAIN RD. ENCINITAS, CA 92024 '0 APN. 255-040-45 6 I I —— — ---- PROPERTY LINE UNCONTROLLED AND (J NON—STRUCTURAL 5 Y /) EMBANKMENT AREA (COVENANT AREA) � I s N N DATA TABLE o � � to p S02'22'38"E 75.00' 3 I N 666.24' OF E 330.00' ( N8730'15"E 165.00' �. I N h OF LOT 12 / to N N RANCHO LAS ENCINITAS s06•15'41"w 90.00' TV MAP 848/ ® S84'10'41"E 145.00' i 21 i2 S02.22'38"E 20.00' o I N i o ca 6 N87'J7'22"E 35.00' 8 I NO2'22'38"W 205.00' 3 a J I Q O W i I O i i h O I i ' H � � SCALE: 1" = 80' o N8730'15"E 330.00' EXHIBIT B e rmE GARNER PROPERTY SUBJECT TO COVENANT ®TALLIAM A.31E1= &ASSOCIATES daTE. 8-5-15 Joe NAME. GARNER RESIDENCE M"O e4.ENOWCOM. uwo SURWY a:wrM 40 Joe No. 6900-103 PROJ. ENGR.. WILLIAM A. STEEN —s T T of 1 °S80 u 61�60=56 00.'�151):0-600 a 51642 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 :C>,�`,sf. .c-E 7r-trr-vrc�f3c�.�c`.c(Sc=C.c•C.cC.c•C,c�C.c•C.c•Cc•C)s•fcf`.stn n — — —nY.ct 'vn'Y.c�.ct.c�.ct.rt.rt.ct.rt.ct.ct,cz��t 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 On �'f' before me, I `� Date Here Insert Name and Title of a Officer personally appeared J iqrl cyj' r�4,— J �.rK:G wl_,-nr Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-mare subscribed to the within instrument and acknowledged to me that�ske/they executed the same in bit/hef/their authorized capacity(ies),and that by bis`i'hefltheir 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 laws of the State of California that the foregoing paragraph is true and correct. ANASTASIA N. BILL WITNESS my hand and official seal. Commission# 1980721 Notary Public-California s z rte' San Diego County Signature �—n•`f�CX�C My Comm. 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On DATE , before me, \ �� YYIQ , Notary Public, 1_ } personally appeared M D.S ilk M G,�{� ) } 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 ackno e ged to me that e/A he/they executed the samI Is er/their authorized capaclty(Ies), and that ) byV/her/their signature(s) on the Instrument the ) person(s), or the entity upon behalf of which the ) ANGELA A. SIMON person(s) acted, executed the Instrument. ) N Comm l 2009314 ) NOTSY DIEGO ttRNIA N I certify under PENALTY OF PERJURY under the MY Cowl.UP MAR.2,2-OV laws of the State of California that the foregoing paragraph is true and correct. } WITNESS my hand and official seal. } } PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE } OPTIONAL INFORMAT ON ) The Information below is optional. 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