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
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I
Q
O
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i I
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h
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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
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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.
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z rte' San Diego County Signature �—n•`f�CX�C
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Place Notary Seal Above
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Description of Attached Document C`'`am
Title or Type of Document: Imo.
Document Date: Number of Pages:
Signer(s) Other Than Named Above: no �SlGW1PI'�
Capacity(ies) Claimed by ner(s)
Signer's Name:` 1r)r Si 7 .t� Signer's Name: nf' L'.C—luff �
❑Corporate Officer — Title(s): 00)'eK- ❑Corporate Officer — Title* 1DLU(l(!!K
❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General
❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
I Trustee ❑Guardian or Conservator Trustee ❑Guardian or Conservator
a Other Other:
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ALL-PURPOSE ACKNOWLEDGMENT
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 , SS.
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
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❑ PARTNER(S) TrrLE(S)
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