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Home My WebLink AboutCT 97-10; HSL/BP/MICHAN LP; 2000-0259142; Uncontrolled Stockpile Agreement/Release4519 DOC 3 2OW0259l.42 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 NQY 18, 2000 11:35 fwl WICIAL RECORDS !%N DIEGo mRITY REamER’S OFFICE 6RESttRY J. SHITH, CWNTY RECORDER FEES: 25.00 AN lJNC(%NTR$XLED STOCKPILE (coAsTjg ZONE) ,,~$‘, ‘-..$ t T is entered‘into this ,“I’,‘, 15th' L HSL/Bp/Michan, L,P;, 8 (( _’ (, : :, < referred to “Owner/Deve-~per”wtib%e,~~ddress is : 5055 Aver&$ ‘En&&, Suit&$1 0, Carlsbad, l::ill:, : :,‘I $“: i ‘:+ $‘ ‘**Y CA 92008 and;‘the,~C“fi:,‘CzF CAR&BAD, a munioipal &rporation~~&~t ,‘ i :;. a i_ e of California, $j.. hereinafter referred-;t~‘I~~‘k’6ity,” whose address is 1200 Ca@&j $1 rive, Carlsbad, California 92008. :I’ i: .’ attached to and made a part of th& WHEREAS, Owner/Developer wishes to stockpile Material cubic yards on their property (Exhibit A;) and WHEREAS, Owner/Developer acknowledges that as an uncontrolled stockpile the site is not eligible for a building permit unless special soils analysis and foundation design are submitted and approved; and WHEREAS, Owner/Developer acknowledges that the grading shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of Owner/Developer or their successors in interest; and WHEREAS, the grading or stockpiling shall be constructed in accordance with plans approved by the City Engineer. N P \L* MASTERS\FORMS\ 1 UNCONTROLLED STOCKPILE AGREEMENT (CZ) Rev. 02/04/97 . Y 4520 NOW, THEREFORE, in considerations of the recitals and the covenants contained herein, the parties agrees as follows: 1. Owner/Developer promise to indemnify and to hold the City of Carlsbad and any of its agencies or employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the blockage or alteration of the normal flow of surface waters or drainage; or by the encroachment of any stockpile on in placing or removing the uncontrolled stockpile. I MASTERS\FORMS\ UNCONTROLLED STOCKPILE AGREEMENT (CZ) Rev. 02/04/97 , ‘,( c”- 4521 3. This notice shall remain in effect until a release of this agreement is filed by the City Engineer IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written. OWNER/DEVELOPER: HSL/BP/Michan L.P., a California limited partnership, a 25.12% undivided interest as record owner CITY OF CARLSBAD, a municipal corporation of the State of California By: HBM Poinsettia, L.P., a California limited s ! t + i,i3’ &:ip~; f,i‘;., fi’ j 8+i+i I:I:I+I lIef~Qry A partnership, Its General Partner 1 L I : ‘:‘,:!I~,;ir-l:~~~:,i~~~~,~ i :f- Benchmark pacific Man&&$ &yf ’ ‘,’ 3 3 3 ‘i I : m By: “L a. ’ 3,) ‘g i&&p,,> ((*, i,(OI’ ,( i( i:(~ Douglas Avis, PreS@ent :/I’ HSL Properties, Inc., a CaliPornja a 17.88% undivided interest, By: Humber-to S. Lopez, Preside icil on Strata Equity Corporation, a California corporation, a 13.75 % undivid as record owner By: \ Car-n, w side (Proper notarial acknowledgment of execution by OWNER/DEVELOPER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney . By: fmmw Deputy City Attorney MASTERS\FORMS\ UNCONTROLLED STOCKPILE AGREEMENT (CZ) 3 Rev. 02104197 - 4522 EXHIBIT “A” Legal Description Lots 1,2 and 3 of Carlsbad Tract No. 97-10, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13785, filed in the Offke of the County Recorder of San Diego County on May 21,1999. 4523 rsonally appeared which the person acted, executed the WITNESS my hand and official seal. ALL-PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER 1 q tlamuJmmrQnaouir-e E 8 . All-PURPOSE ACKNOWLEDGMENT ---lWBBW-Mw--w~ t On before me, f J to s**L (name, title Gf officer), personally appeared f 9 ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to e the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged 8 to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by f 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. WITNESS my hand and official seal. i’ f bI,M.b -- Signature c CAPACITY CLAIMED BY SIGNER 1 0 smTwnusl SlumI RM omElmmcElYf: I 0-m 8 OAMRI mrr(Sb $ coII*T i 17 mmmm f mnmnnv ii f-J NmnlE~ BMCl n*armb c] mn=m 7mlsT 0 aTnE" rmE(n %?ea!e~rn~ae**~ -- --y-_------Y FORM 117452 0491 ’ ,’ . f 1 “‘i:’ t/,$D ‘P, me, M~$I+TQ& rf & ZW~ i f m/as m &v/s (name, title df officer), 8 rsonally appeared . t personally known to me - &% - q proved to me on the basis of satisfactory evidence to 3 the personwwhose name@ islge subscribed to the within instrument and acknowledged f to me that he/ske/t@y executed the same in hislh’@th$ir authorized capacity(#), and that by f his/t$r/the(r signature(fl on the instrument the person@, or the entity upon behalf of which the personQn acted, executed the instrument. WITNESS my hand and official seal. cl CAPACITY CLAIMED BY SIGNER ; 3 0 EEmvmuiUl) SRNN Fun OnElE-~s 5 f ii coumnv s cl-, mmmsw I z q monnEF i WLCT -UC) s s g-1 3 mun z 2 clo- 5 wr) t 3 AL&PURPOSE ACKNOWLEDGMENT QMOWmCM-r--w --Q**gUI---- ------------------x f State of &I&lt& t County of LDieao a 5: On3*19-00 before me, rsonally appeared l ckYIO5 /nrChQM personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to the person($) whose namec)n islap subscribed to the within instrument and acknowledged to me that he/sJfe/tf#y executed the same in hislhymhvrauthorized capacity(@), and that by 1 his/h#r/M#r signaturew on the instrument the person@ f or the entity upon behalf of which the person srr acted, executed the instrument. CAPACITY CLAIMED BY SIGNER 1 [7 *oM141)smNa~oD*-I(uvEs 1 cl-- oFIEa(w mrr(a 5 5 -1 f cl- ?Mmalm 1 q z -6l f 3 musmlSI Tmul 5 9 onm3 mu H 5 7m.w s Elmlrpr) n- f ENnrvllEs)- f WITNESS my hand and official seal. 4525 A&PURPOSE ACKNOWLEDGMENT pWBW--&--S-----------~~ * ca,/os miclian proved to me on the basis of satisfactory evidence to subscribed to the within instrument and acknowledged the same in hislh$r/t@rauthorired capacity(i$), and that by instrument, the person@, or the entity upon behalf of which the person pb ) acted, executed the instrument. WITNESS my hand and official seal. CAPACITY CLAIMED BY SIGNER 1 q NBMltiUS) 119*1 FDll ONE-ES f 3 0-m -WI WSI f $ s cmmllv i 17-m mMll!iwv I EJJlmmJ nEmswm :: t g EllllWrSl lEHESENlE0 f .P ALLPURPOSE ACKNOWLEDGMENT i+------------- --------m~-~e-ae~-~ f State of 0 t County of f > [ On before me, t (name, title of officer), persorrally appeared f 9 personally known to me - OR - 0 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 i his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the CAPACITY CLAIMED BY SIGNER i f q *ovw4s~~Fon-nf- i cl-- DIRa(l mrro 5 -I f cl- mnnsnsw instrument. WITNESS my hand and official seal. Signature Tc*c-mpmp FORM 117452 0491 May 15,200O San Diego County Recorder PO Box 1750 San Diego CA 92112-4147 Enclosed for recordation is the following described document: AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE (COASTAL ZONE) CT 97-I 0; DWG 380-4A; APN 214-450-25 POINSETTIA PROPERTIES Also enclosed are instructions on how the City is to be billed for the recordation fee. Thank you for your assistance with this matter. Sincjpely, DEE ULRICH Office of Carlsbad City Clerk Enclosure (1) 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 ai3