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2016-77992 DOC# 2016-0077992 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Feb 23, 2016 03:54 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr.,ReCOrding Requested by: SAN DIEGO COUNTY RECORDER City sneer FEES: $30.00 PAGES: 6 When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE V MAINTENANCE AGREEMENT FOR UNCONTROLLED AND NON-STRUCTURAL EMBANKMENT �\ v/ APN: 260-620-75 Grading Plan: 12664-SG . JULIAN KAPUY, TRUSTEE, OR HIS SUCCESSORS IN INTEREST, PURSUANT TO THE JULIAN L. KAPUY TRUST EXECUTED SEPTEMBER 10, 1991, the owner of real property which is commonly known as vacant land Cornish Drive 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 12664-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: JULIAN L. KAPUY TRUST-E)A-T-EB SEPTEMBER 10, 1991 BY: NEAL F. CARLOS, TRUSTEE Date (Notarization of OWNER signature is attached). CITY OF ENCINITAS: AA/V 2l�3J 16 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 Real property in the City of Encinitas, County of San Diego, State of California, described as follows: PARCEL 1: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22,TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 18, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE NORTHERLY BOUNDARY LINE OF CARDIFF VILLA TRACT ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 10, 1912, WITH THE NORTHEASTERLY LINE OF COUNTY HIGHWAY, ROUTE 1, DIVISION 1; THENCE NORTH 31°38'WEST ALONG SAID HIGHWAY LINE 213.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1275.82 FEET AND A CENTRAL ANGLE OF 8 001',THENCE NORTHWESTERLY ALONG SAID CURVE 178.49 FEET; THENCE TANGENT TO SAID CURVE NORTH 23°27'WEST, 1448.26 FEET TO A POINT DISTANT 80 FEET AT RIGHT ANGLES EASTERLY FROM THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 22; THENCE NORTH 0 038'40" EAST PARALLEL TO AND DISTANT 80 FEET AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 22, A DISTANCE OF 98.09 FEET TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE H. WILLIAMS, RECORDED SEPTEMBER 29, 1945 IN BOOK 1940, PAGE 423 OF OFFICIAL RECORDS; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND OF WILLIAMS NORTH 66°48' EAST 299.99 FEET TO A POINT HEREIN DESIGNATED AS POINT "A"; THENCE CONTINUING NORTH 66°48'EAST, 90.00 FEET;THENCE NORTH 0°02'WEST, 69.90 FEET TO THE NORTHERLY LINE OF SAID WILLIAMS LAND; THENCE ALONG THE BOUNDARY OF SAID LAND, SOUTH 89 051' WEST, 82.00 FEET TO A POINT HEREIN DESIGNATED AS POINT"B";THENCE CONTINUING SOUTH 89°51'WEST, 273.75 FEET AND SOUTH 0 038'40" WEST, 222.37 FEET(RECORD 222.42 FEET)TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF A STRAIGHT LINE CONNECTING POINT"A"AND POINT"B"ABOVE DESIGNATED. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 25.00 FEET IN WIDTH LYING WITHIN THE NORTHWEST QUARTER OF SECTION 22,TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,THE SOUTHEASTERLY LINE OF SAID 25.00 FOOT STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 1 HEREINABOVE DESCRIBED, BEING ALSO THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED TO GLADYS HALVORSEN, RECORDED JUNE 22, 1960 AS FILE NO. 127007 OF OFFICIAL RECORDS;THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 AND THE SOUTHWESTERLY PROLONGATION THEREOF SOUTH 66°48'WEST, 389.99 FEET TO THE SOUTHWESTERLY CORNER OF SAID HALVORSEN'S LAND. EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID PARCEL 1 ABOVE DESCRIBED. APN: 260-620-75-00 EXHIBIT "B" COVENANT a a 0 0 N h C OO RMPSH L&ND H&P 207 3 Ln QPM, 2@0-068-04 60't N89'39'10"W w 13.86' N89'39'10"W 82.00' z Z w 0 cm 3 co � W E tC5 O rn 7- Lo Co u W ° o - z ry� � N VV A U Li O Of ° o 0 - o Gp�N &PH: POGO Mw 9D16 / SECS 22 TISS MW LEGEND SCALE: 1•=W INDICATES APPROXIMATE AREA OF UNDOCUMENTED FILL ®K&S ENGINEERING, INC. CORNISH DRIVE, ENCINITAS, CA EMIBIT'B' ° Planning . Engineering . Surveying KAPUY, JULIAN L TRUST JIM NO. 15."7 1801 �*r Cod,Surte IN Son Nqo,CA 91108 619 296-5565 APN: 260-620-75-00 SHEEr I OF I ' ' . California All-Purpose Certificate of Acknowledgment A nota 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 docurr State of California Countyof Z(n)s W'IV645:7&e-:� Name of Notary Public,Title � personally appeared Name of Signer(1) Name of Signer(2) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ,AFir-subscribed to the within instrument and acknowledged to me that he�/�/Ah-e--*y executed the same in hisa�ritr'eir authorized capacity(ies), and that by his/��eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the I certify under PENALTY OF PERJURY under the laws TELLA AMIRGANIAN of the State of California that thq foregoing paragraph is COMM. #21o8354 z 21 '131 Loi Angeles County M C�ornrn.Expires A r.24,2019 and and o' Seal cy � \ OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification document titled/for the purpose of Proved to me on the basis of satisfactory evidence: E]form(s)of identificabon E]credible witness(es) containing_pages, and dated Notarial event is detailed in notary journal on: The signer(s)capacity or authority is/are as: El Individual(s) Notary contact: El AftomeyAn-fact El Corporate Officer(s) Other El Additional Signer Signer(s)Thumbprints(s) El El Guardian/Conservator 0 Partner-Limited/General El Trustee(s) 0 Other: (D 2009-2015 Notary Learning Center-All Rights Reserved You can purchase copies of this form from our web site at www.TheNotarysStore.com I' 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 Say) SS. On o�-o�3-Z�� �n , before me, Or 'ei'G, S i M 0 , Notary Public, DATE l- I personally appeared A l.k S 1 Y 1 M o\-k er- ,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 ac edged to me that he she/they executed the sam ' his authorized capacity(ies), and that by i /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. N 0S!M Com . 201 N I certify under PENALTY OF PERJURY under the NOPUBLIC CALIFORNIA SAN DIEGO COUNT - laws of the State of California that the foregoing my COMM.Ezv.MAR.2,2017 paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY 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. 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