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
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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
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