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2018-250835 DOC# 2018-0250835 1111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII �n Jun 20, 2018 03:11 PM OFFICIAL RECORDS ReRecording Requested by: ) Ernest J. Dronenburg,-Jr., rd sneer SAN DIEGO COUNTY RECORDER City g ) FEES: $32.00 (SB2 Atkins: $0.00) PAGES: 7 When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE 1 MAINTENANCE AGREEMENT FOR UNCONTROLLED AND NON-STRUCTURAL EMBANKMENT A.P.N.: 264-154-25 & 26 / Grading Plan: 13413-SG Address: vacant Jackie Lane Case No: NA RAYMOND J PERSIA TRUST DATED 3-20-78, the owner of real property which is commonly known as vacant land Jackie Lane 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 13413-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 GREED BY: OWNER: P illip odges, Owner/Trustee' Date i?c-Rs iA -Mus-t' (Notarization of OWNER signature is attached). CITY OF ENCINITAS: aka ,? o Christoph r L. Magdosku Date City Engineer City of Encinitas (Notarization of CITY OF ENCINITAS signature not required). 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 "-�'Vx II (� On �O (0 c� before me, e1 a- S' YYl D ko r f U-611,c- Date ere Insert Name and Title of the Officer personally appeared 1 1 y a e S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be nhp erson(s) whose names is are S 4r$t1he cribed to the within instrument and ackno 7his, ged to me tha he/t hey executed the same in er/their authorized capacity(ies),and that b er/their signature(s)on the instrument the person(s), upon behalf of which the person(s) executed the instrument. Y P P O I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • ANGELA A. iq_N WITNESS my hand and official seal. COMM12182396 to v! 8 NOTARY PUSUC•CAUFOFNA =, SAN DIEGO COUNTS /1 4 ' MyComm.EXP.MAR.2.2021 1 Signature C//Cp► Si nature 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 — ❑ 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 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 ff 5n_n b}� // C7 ) c ^ _f On b - I — 70 I before me, e Jl rnor) Po�,r v is Date J Here Insert Name and T tle of the O icer personally appeared \,,y- pn L ✓" � C �osk t Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be t persons) whose name( is, re bscribed to the within instrument and ackno edged to me that(he' he/they executed the s e in hi her/their authorized capacity(ies),and that b his/ er/their signature s)on the instrument the person(s), the entity upon behalf of which the person(s) a ed, executed the instrument. tY P P ( ) I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANGELA A. SIMON WITNESS my hand and official seal. rn Comm.#2182396 v! P MOT Sup 0 Eco CAL nRN�CW * my Comm Exp.MR.2,M1'� Signature Sig ature 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 — ❑ 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: 02016 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Exhibit A Legal Description PARCELS 1 AND 2 OF PARCEL MAP 16991, IN'THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 10, 1992 AS FILE NO. 1992-0721155 OF OFFICIAL RECORDS. MAINTENANCE AGREEMENT FOR UNCONTROLLED AND NON-STRUCTURAL EMBANKMENT VACANT LAND-JACKIE LANE / APN:264-151-09 AREA OF UNCONTROLLED AND NON-STRUCTURAL -N75°16'45"W"195.�'/ / / / I i S75°16'45"E,239.92' EMBANKMENT / /, / - - - / / III //_-�� \�� , I / / / / / 1 I//��\\ \\\\� �� 'j// - \\ I/ APN:264-154-27 �PN.264-154-26\ 4_ "E ,90.01' M \\111\III j I I 1 j I I I % `- 11111111111 1 � / 5, 8,0 I I � I I /l/ ,//I ►/II IIIII I I II I /1 I 1 I 1 I 1 11 I I 1 1 � /I ll///J f "\��P_N.�26�4-\1�_4_=-255,-� - - j ljjljlllI l 1 1 j ll l 1 1 11 1I / IIIIIIII ---�\ III 11 1 1 11 I /ll/ //l1I11� 1 II / Ill / I � Illlllll /� � I l/� l� //Ill;�l 1 / � 1 I l l/ 1 (( �� /� r ► 0 58,�a"v�1 APN:264-154-29 PASCO LARET SUITER & ASSOCIATES CIVIL ENGINEERING+LAND PLANNING+LAND SURVEYING EXHIBIT"B 535 North Highway 101, Ste A, Solana Beach,CA 92075 PLAT MAP 1ph 858.259.8212 1 fz 858.259.4812 1 plaaengineering.com