The URL can be used to link to this page

2019-353741 DOC# 2019-0353741 UP 111111 II I II I I I III IIII II II IIIII I III I II I III II IIII Aug 20, 2019 04:02 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $29.00 (SB2 Atkins: $0.00) Recording Requested by: ) PAGES: 6 City Engineer ) When Recorded Mail To: ) City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE This document is intended to supersede the previously recorded "MAINTENANCE AGREEMENT FOR UNCONTROLLED AND NON-STRUCTURAL EMBANKMENT" recorded as Document Number 2014-0492125 on November 12, 2014. MAINTENANCE AGREEMENT FOR UNCONTROLLED AND NON-STRUCTURAL E EN EMBANKMENT APN: 254-612-10 Case #: 11-099 DR/CDP Grading Plan: 11978-G RELE PROPERTIES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY ("OWNER" HEREINAFTER), the owner of real property which is commonly known as APN 254-612-10 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 11978-G and in Exhibit"B". At present, it is unknown as to whether the Uncontrolled and/or Non- Structural Embankment, even if overlain by compacted/structural fill, is suitable for support of any structures. The area of Uncontrolled and/or Non-Structural fill is currently 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; or can be made eligible for a building permit or other development permits by an acceptable method of remediation. 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 unless geotechnical investigations and recommendations demonstrate the viability of remedial work to provide adequate support for proposed improvements. 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: `'-6 Roberf J. Ec er Manager Date RELE Properties, LLC. (Notarization of OWNER signature is attached). CITY OF ENCINITAS: r O -? / 201 9 Edward J. 1N er Date City Engine City of Encini as Notarization of CITY OF ENCINITAS signature not required). ( .9 q ) 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_C re n ut SS. On Z7��01 , before me, Notary Public, DATE —� personally appeared �,f'fi GIl ,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 Sw�op� JADE PRITZL person(s), or the entity upon behalf of which the a COMM.#2266746 rp person(s) acted, executed the instrument. r NOTARY PUBUC•CALIfORNIA =' SAN DIEGO COUNTY Goa' MY Comm.EXP.Nov.12,20 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. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONA FO ATION 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 F1 INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF r SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE 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 eqo SS. 1j I On `6— — ��! , before me, &c ae 64, S'r)1dr�) , Notary Public, DATE personally appeared �wo-cc - ' M Y`n��' ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ re subscribed the within instrument and ac ged to me th he/ he/they executed the sa I his er/their authori capacity(ies), and that by his her/their signature(s) on the instrument the pe n(s), or the entity upon behalf of which the ANGELA A. SIPJIONj person(s) acted, executed the instrument. o NOiARY,TPUBLIC 1CAU30RNIA So moo CWNTY I certify under PENALTY OF PERJURY under the "Y CM.Exp.M 2.2121 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L 9�L a - PLACE NOTARY SEAL IN ABOVE SPACE y 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 F] PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT Fj OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF s SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017VALLEY-SIERRA INSURANCE Exhibit `A' UNCONTROLLED AND/OR NON-STRUCTURAL EMBANKMENT AREA LEGAL DESCRIPTION A PORTION OF LOT 58 OF ENCINITAS TRACT NO. 94-066 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13356 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SEPTEMBER 4 1996 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT NORTHERLY NORTHWEST CORNER OF SAID LOT, THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT 58 SOUTH 01020'53" WEST A DISTANCE OF 115.36 TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID BOUNDARY SOUTH 88 036'26"EAST A DISTANCE OF 72.52 FEET TO THE BEGINNING OF A NON-TANGENT 133.14 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL OF WHICH BEARS SOUTH 58°43'54" EAST, THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 87.63 FEET THROUGH A CENTRAL ANGLE OF 37 042'35", THENCE NORTH 68 058'40" EAST A DISTANCE OF 30.94 FEET, THENCE SOUTH 31°18'24"EAST A DISTANCE OF 59.66 FEET, THENCE SOUTH 63°03'49" EAST A DISTANCE OF 71.48 FEET TO THE WESTERLY LINE OF A PUBLIC ROAD AND UTILITY EASEMENT KNOWN AS QUAIL GARDENS DRIVE, DEDICATED ON MAP 13356; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 26 029'42" WEST A DISTANCE OF 617.42 FEET TO THE WESTERLY LINE OF SAID LOT 58, THENCE NORTHERLY ALONG SAID WESTERLY LINE OF LOT 58 NORTH 01°20'53"EAST A DISTANCE OF 571.58 FEET TO THE TRUE POINT OF BEGINNNING. CONTAINING 82,249 SQUARE FEET OR 1.89 ACRES, MORE OR LESS. L S. c ¢? �\CN4 L LAND SG < O JOHN S. COFFEY 0 DATE LS 8733 EXPIRES 12/31/2014 *k�l No. 8733 9T� OF C A\- Page 1 of 1 ' EXHIBIT 'B• PLAT 41 IRRIGATION 4 h OPEN / WATER LINE OPEN ° � I SPACE 7 / EASEMENT N SPACE EASEMENT o = EASEMENT N 68'58 40 E / S 31-18'24" E � 30.94 59.66' ROAD & I , 35 / UTILITY ESM'T. I y1 �1 14' / T.P.0.B. 1�j S 63'03'49" E S 88'3626" E 4 71.48' 72.37 PEDESTRIAN EASEMENT 10' ,q / A I INGRESS/ / ESS J/1 .1-r) EASEMENT / J J J r J -r ; 0r 6,151 �ry a , L07' 69 N' / °o t UTILITY 72' EASEMENT r Np,L LAND N lb O W o cy N / * No. 8733 Z / qTF OF CAS-�� LEGEND DRAINAGE / UNCONTROLLED AND/OR NON—STRUCTURAL EASEMENT I EMBANKMENT AREA 20' WATER INGRESS/ / EASEMENT EGRESS EASEMENT ( f UTILITY JOH S OFF S 8733 LI EASEMENT Hm: COFFEY ENGINEERING, INC. (- UNCONTROLLED AND/OR NON-STRUCTURAL EMBANKMENT AREA PORTION OF LOT 58 OF MAP 13356