2016-77993 DOC# 2016-0077993
111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Feb 23, 2016 03:54 PM
OFFICIAL RECORDS
Recording Requested by: ) Ernest J. D�°nenbu�9, Jr.,
SAN DIEGO COUNTY RECORDER
City Engineer ) FEES: $30.00
When Recorded Mail To: )
PAGES: 6
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: 260-053-03 Grading Plan: 12664-SG
JULIAN KAPUY, AS TRUSTEE OF THE JULIAN L. KAPUY TRUST DATED
SEPTEMBER 10, 1991, the owner of real property which-is commonly known as 1284
Summit Avenue 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
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 DATED SEPTEMBER 10, 1991
>C�I(,
BY: NEAL F. CARLOS, TRUSTEE Date
(Notarization of OWNER signature is attached).
CITY OF ENCINITAS:
Masih Maher for Glenn Pruim Date
Director of Public Works
City of Encinitas
(Notarization of CITY OF ENCINITAS signature not required).
California All-Purpose Certificate of 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 Zs - cC-E-5' S.S.
0 , 1 E- -V
On -- L6�V 9 o. ?016 before f o re m e, 7/ /Zvc(C-
Name of Notary Public,Title
personally appeared AA�174L (��LQZ
Name of Signer(1)
Name of Signer(2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose ame(s)
is/orll6'subscribedtoth within instrument and acknowledged to rn�4"t helloKe/oZyy executed
the same in hisI�r-)Pgeir authorized capacity(ies), and that by his/hefr/their 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 STELLA AMIRGANIAN
true and correct. COMM. #2108354 z
W Notary Public- California :0
Z Los Angeles County 0
WITN ffi7ea 10. m
hand and o Comm.Expires Apr.24,2019
Seal
ignature of t 41-15ubli 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 nm, lftift ,
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:
❑form(s)of identification ❑credible witness(es)
containing_pages, and dated Notarial event is detailed in notary journal on:
The signer(s)capacity or authority is/are as: Page#_ Entry#
❑ Individual(s) Notary contact:
❑ Attorney-in-fact
❑ Corporate Officer(s) Other
Title(s) ❑ Additional Signer ❑ Signer(s)Thumbprints(s)
El
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
❑ Other:
representing:
Narne(s)of Person(s)Entity(ies)Signer is Representing
Q 2009-2015 Notary Learning Center-All Rights Reserved You can purchase copies of this form from our web site at www.TheNotarysStore.com
Exhibit"A"
LEGAL DESCRIPTION
Real property in the City of Encinitas, County of San Diego, State of California, described as
follows:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22,TOWNSHIP 13 SOUTH, RANGE
4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY,APPROVED APRIL 19,
1881, DESCRIBED AS FOLLOWS:
BEGINNING 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
31 038'00"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
08 001'00";THENCE NORTHWESTERLY ALONG SAID CURVE 178.49 FEET; THENCE TANGENT TO
SAID CURVE NORTH 23027'00"WEST 1448.26 FEET TO A POINT DISTANT 80.00 FEET AT
RIGHT ANGLES EASTERLY FROM THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF
SAID SECTION 22; THENCE NORTH 00038'40" EAST PARALLEL TO AND DISTANT 80.00 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; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID
LAND NORTH 66048'00" EAST 389.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 00002'00" WEST 69.90 FEET TO THE NORTHERLY LINE OF SAID WILLIAMS LAND;
THENCE ALONG SAID NORTHERLY LINE NORTH 89051'00" EAST TO THE MOST EASTERLY
CORNER THEREOF; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND SOUTH
66 048'00"WEST 178.03 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF BLOCK 2 OF 1. C. CLEARMAN'S ADDITION, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 22,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, ACCORDING TO THE MAP THEREOF NO. 207, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, APRIL 19, 1887,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE WEST LINE OF SUMMIT AVENUE WITH THE
SOUTH LINE OF SAID CLEARMAN'S ADDITION; THENCE ALONG SAID WEST LINE OF SUMMIT
AVENUE NORTH 00023'00" EAST, 70.00 FEET; THENCE PARALLEL WITH THE SOUTHEASTERLY
LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO GEORGE E. WILLIAMS, A SINGLE
MAN, BY DEED RECORDED IN BOOK 1940, PAGE 423 OF OFFICIAL RECORDS OF SAID COUNTY
SOUTH 66 048'00" WEST 178.78 FEET TO SAID SOUTH LINE OF SAID CLEARMAN'S ADDITION
BEING ALSO SAID NORTH LINE OF SAID PARCEL CONVEYED TO WILLIAMS; THENCE ALONG
SAID COMMON LINE NORTH 89 051'00" EAST 163.85 FEET TO THE POINT OF BEGINNING.
SAID PROPERTY WAS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED AUGUST 23,
1973 AS FILE NO. 73-238500 OF OFFICIAL RECORDS.
APN: 260-053-03-00
EXHIBIT "B"
COVENANT
I
a
a
0
h
I
W 3
COO G�f`9n lea LAND MAP 200 7 = cn cn
Z
APH. 2@0-068-0 4 o W W
1�a 61 o Q I 0
0
N NN N w
fC) o
NN 3
Z
N89'39'10"W °
13.86' �O�N� c� co) I E
Ln
14.07'
0
N89'39'10"W Ln
r lo? 00v 3
N
w
W
6 "E Nil
N o
N6�h `�
0
C)
O 3
Z
I
POO G� nMUY/ 9D4
SEC 22 7183 R,6W
I
LEGEND
INDICATES APPROXIMATE AREA OF SCJUL6:In_W
UNDOCUMENTED FILL
2 K&S ENGINEERING, INC. 1284 SUMMIT AVENUE, ENCINITAS, CA EXHIBIT '
° BPlanning . Engineering . Surveying KAPUY, JULIAN L TRUST X6.NO. 15-"7
X601 �Ifer W,soh 100 5m u ,CA MN 619 296-5565 APN: 2604053-03-00 SHWP I OF 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 S'V\ t 1 ca 0 SS.
On 2016 , before me, PrnaeJCI_ A . J1 MO , Notary Public,
DATE
personally appeared MD..g i Vl J V 1G�� - ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s is re subscribed IQ the within instrument
and ac edged to me th he he/they executed the
sam his er/their authorize capacity(ies), and that
by is 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. SIMON
s COMMJ 2009314 I^ I certify under PENALTY OF PERJURY under the
NOTARY PUBLIC-CALIFORNIA N
MAR.COUNTY 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 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
PARTNER(S) TITLE(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
F1 GUARDIAN/CONSERVATOR
F] SUBSCRIBING WITNESS
DATE OF DOCUMENT
F]
OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT L
OF
L
SIGNER -
APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM X2005-2015 VALLEY-SIERRA INSURANCE