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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 0 0 SEC. 34 T1 2S, R4W, M " I SBM V) cU ll/C5y ll�'i1p C�JVI% 11/� JS �OV I1VOo Il�///L5N) 7P EEC . m � tis N 3 .A, S SOG NIN 49 My G3A t VV5, gue- s 3 a `10, OIN �o 9sJSO 3s. •p � C� LG N I• OA% IN o0 Ao 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 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 OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 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 ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #15907