2017-241561 DOC# 2017-0241561
May 30, 2017 03:53 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
Recording Requested by: ) FEES $27.00
City Engineer ) PAGES 5
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
A.P.N.: 216-100-28� Permit#: 13160-G
f r' Address: 1748 Caudor St. Case #: 15-319 DR/CDP
V Keith Kelly and Claire Chateauneuf, trustees of the Kelly and Chateauneuf
Family Trust, dated June 7. 2000, the owner of real property which is commonly known
as 1748 Caudor Dr. 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 altemative 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:
4 CMG 30 �u I
Keith Kelly, T stee/Owner Date
CI ' Chate uneuf, Trustee/O ner Date
(Notarization of OWNER signature is attached).
ClqY OF ENCINITAS:
( A 5f317
Date
R61S T Vic)City o Ate
(Notarization of CITY OF ENCINITAS signature not required).
EXHIBIT "A"
LEGAL DESCRIPTION OF UNCONTROLLED
AND NON-STRUCTURAL EMBANKMENT AREA
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY BEING MORE PARTICULARLY DESCRIBED IN CERTIFICATE
OF COMPLIANCE RECORDED SEPTEMBER 25, 2007 AS DOCUMENT NO. 2007-
0625407 OF OFFICIAL RECORDS LYING SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34 AS
SHOWN AND DEPICTED ON RECORD OF SURVEY NO. 19723 FILED IN THE
COUNTY RECORDER OF SAID COUNTY ON JUNE 8, 2007; THENCE ALONG
THE EASTERLY LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 34, SOUTH 1°00'47" EAST 251.18
FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN
DEED TO LEE R. TERRY ET, UX, RECORDED ON JUNE 21, 1951 IN BOOK 4143,
PAGE 347 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY
LINE OF SAID TERRY LAND, NORTH 37 055'30" WEST, 161.80 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID TERRY LAND,
SOUTH 9 046'37" EAST 21.04 FEET; THENCE SOUTH 20°55'19" EAST 15.25 FEET;
THENCE SOUTH 23 035'51" WEST 28.76 FEET; THENCE SOUTH 27°02'30" WEST
23.85 FEET TO THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED
TO MELBOURNE E. WHEELER, ET UX, RECORDED ON JUNE 28, 1951 IN BOOK
4151, PAGE 405 OF OFFICIAL RECORDS AND THE POINT OF TERMINUS.
CONTAINS 11369 SQUARE FEET MORE OR LESS.
A
SEAN CtNGLERT, L.S. 7959 DATE
COASTAL LAND SOLUTIONS, INC. I S. 7959 y
9�OR CALIF�P�\P
EXMIT „Bn SCALE: 1"= 60'
PLAT OF UNCONTROLLED
LIKIEM AND NON-STRUCTURAL EMBANKMENT
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
P.O.T. POINT OF TERMINUS
Ll� APPROXIMATE UNCONTROLLED vim Gi4�"9n 9 %ON
AND NON-STRUCTURAL
EMBANKMENT AREA = 11,369 S.F.
- - � GvI0Oo � h - - - - - P.o.C.
G°30000RNER I X
e �' 1/2, SW 1/4, SW
cb 0 S /4
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0 '151
"Rl" INDICATES DEED TO LEE R. o 0 0.1
TERRY ET, UX, RECORDED ON Q d0
JUNE 21, 1951 IN BOOK 4143,
PAGE 347 OF OFFICIAL RECORDS.
"R2" INDICATES DEED TO
MELBOURNE E. WHEELER, ET UX,
RECORDED ON JUNE 28, 1951 IN L=19.33'
BOOK 4151, PAGE 405 OF 0=3654'43"
OFFICIAL RECORDS. R=30.00' 3 00
3"
"R INDICATES CERTIFICATE OF �/3
COMPLIANCE RECORDED SEPTEMBER L=31.29' 0 / w
25, 2007 AS DOCUMENT NO. 0=89.38'50" °M °o o
2007-0625407 OF OFFICIAL R=20.00' 0
RECORDS. Z z N z
LINE TABLE CALIVOR. 79.88' ou
LINE# LENGTH I BEARING STREET rn
L1 21.04' N09'46'37"W (FORMERLY °-
L2 15.25' N20'55'19"W DIANA AVE.)
L3 28.76' N23'35'51"E
L4 23.85' N27'02'30"E p LAND S
�tL ES ���
�SCOASTAL LAND SOLiTnaNS.1NC. v n
577 SECOND STREET n L.S. 7959
ENCINITAS, CA 92024 V {z >}
PH (760 230-6025 5-25-17 �P
FAX (76�) 230-6026 CL SEAN C. ENGLERT, LS. 7959 DATE 4�A� CA11
S#1228
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State of Caf rnia )
County of Zxeox
On 05 - 'DU Vk before me
Date \A— \ Here insert a and r e of f the fficer
personally appeared
ame(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/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 true and correct.
WITNESS my at and official seal.
DEANA GAY
Commission#2037575
Notary Public -California i L(
Z San Diego County Signature
M Comm.Expires Aug 23,2017 Signature of Notary Public
Place Notary Seal Above
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Title or Type of Document: Document Date:
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Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — 1_1 Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
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