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2018-174338 DOC# 2018-0174338 May 01, 2018 04:10 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., Recording Requested by: ) SAN DIEGO COUNTY RECORDER City Engineer ) FEES: $0.00 (S132 Atkins: $0.00) PAGES: 6 When Recorded Mail To: ) -City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE MAINTENANCE AGREEMENT FOR UNCONTROLLED AND NON-STRUCTURAL EMBANKMENT A.P.N.: 264-222-27 Grading Plan: 12387-SG Address: 3137 Dusty Trail Case No: 14-063 CDP JOHN CHRISTOPHER BROWN AND MOLLY ROTH BROWN TRUSTEES OF THE BROWN FAMILY TRUST DATED MAY 23, 2000, the owner of real property which is commonly known as 3137 Dusty Trail 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 12387-SG 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 may 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: L /J 70,pVe Lam" 03 07 / 10W Chris Brown, Owner/Trustee Date / �1b L� 03 a q )8 ,,5k�O Molly Brow d, Owner/Trustee Date (Notarization of OWNER signature is attached). SEE ATTACHED ACKNOWLEDGMEYI'i' CITY OF ENCINITAS: Christopher :Magdosku D to City Engineer 'City of Encinitas (Notarization of CITY OF ENCINITAS signature not required). j Exhibit A Legal Description PARCEL 4 OF PARCEL MAP 8251, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 4, 1979. FILL LOCATION EXHIBIT T S�1°53 S> 1 EXISTING FENCE 151- I cr i (CL rl Pj\1 9� N 254-22-25 i° 3 284-22-24 °o EX. 40' UTILITY EASEMENT PER DOC. w s 1981-125226, REC. 61.), 5121 181, 40' PVT. 37 0 3 F ROAD EASEMENT PER o LIMITS OF 76' PM 8251 NO FILL v 1 ••t I I EXISTING DRIVE WA Y EXISTING Ld BUILDING 'AP1\1 EXISTING 254-22-27' GARAGE CNCN oco _ N86°55'53"E 448.47' . r SCALE: 1 "= So' L �- NDMARK C O N S U L T I N G Planning Engineering Surveying 9555 Genesee Avenue,Suite 200 San Diego,CA 92121,(858)587-8070 3137 DUSTY TRAILS LEGEND 3137 DUSTY TRAILS INDICIA TES ENCINITAS, CA APPROXIMATE AREA of APN: 264-22-27 UNDOCUMENTED FILL JOB NO: DATE: APRIL 25, 2018 EXHIBIT 11B►' 09-28 SHEET 1 OF 1 P: \09-28 DUSTY TRAILS\C EXHIBITS�FILL LOCATION EXHIBIT 9-28.DWG 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 San Diego } On I before me, Naomi Benavides Ramos, Notary Public , ere insert na a an Leo e o icer IM personally appeared J V v _ I U C I , who proved to me on the basis of satisfactory evidence to be the person whose name& subscribed to the within instrument and acknowledged to me that he/she/" executed the same in his/her/(i iauthorized capacity les and that by his/her/ e signaturED on the,instrument the person(,js', or the entity upon behalf of which the persoro 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. •.•:.W1WN.'N.Wr.•.Y.'.titiL1V'.Y.WINRY.M1WY Naomi Benavides Ramo WITNESS my hand and official seal. N 54 COMM.#2085787 - NO PUBLIC •CALIFORNIA SAN DIEGO COUNTY ^' Commission Expires Nov 8,2018 o"C.I,/NVI�r� •}1L'.tiY.:'.Y.'.VLY.1tititi`.Y.Y.tiY.15YJVW4RWVL'?.'IRti: Notary Public Signature (NoJ Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they,—is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. Partners • Signature of the notary public must match the signature on file with the office of El ( ) the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. E] Other the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 Securely attach this document to the signed document with a staple. F 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 California ) County of 5fx� � � ) `` `` On ��—l g before me,� l _ A. Simon r U b �G , Date Here Insert Name a d\Title of th Officer /�n personally appeared ��i T[�.n�z°_1� L^ ! "`aa►�C7sko Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to bet persons) whose name(s) is are scribed to the within instrument and acknVhis ged to me that h/she/they executed the same in his her/their authorized capacity(ies),and that b er/the ir signatures)on the instrument the person(s), the entity upon behalf of which the person(s) , 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 hand and official seal. a� ANGELA A. Sz Comm.#2182396 to NOTARYPURUC-CAUFORNIA UI Signature ` SAN DIEGO COM • MY Comm.ESP.WR.2.2021 gignature 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(lies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ 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: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907