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HomeMy WebLinkAbout1989-07-11; City Council; 10123; Agreement Sunny Creek I Partnership for Uncontrolled StockpileAGREEMENT WITH SUNNY CREEK I PARTNERSHIP FOR UNCONTROLLED STOCKPILE DEPT.-U&.-- RECOMMENDED ACTION: Adopt Resolution No.@? -2 30 , approving an Uncontrolled Stockpile Agreement with Sunny Creek I Partnership. fFEM EXPLANATION: Carlsbad Municipal Water District has applied for a grading permit to place excavated material from their El Camino Real Waterline Project on property owned by Sunny Creek I Partnership. Carlsbad Municipal Code Section 11.06.105 requires grading permit applications which involve such uncontrolled stockpiles to be accompanied by an Uncontrolled Stockpile Agreement executed by the property owner. City Council must approve the agreement prior to issuing the permit. The purpose of the agreement is to ensure that the City is held harmless from liability for the stockpile and to have the property owner acknowledge that a building permit will not be issued for the property unless a special soils analysis and foundation design are submitted. ENVIRONMENTAL RRIIEW: The Carlsbad Municipal Water District has found that placement of fill material on Sunny Creek I Partnership property is categorically exempt in accordance with Section 15304 of State CEQA guidelines. A copy of the Notice of Exemption is attached as Exhibit 2. FISCAL IMPACT: The applicant will pay grading fees that will cover the costs of the Clty’s review of plans and monitoring of the proposed grading. ~ EXHIBlTS: 1. Resolution No.8 fls3” approving an Uncontrolled Stockpile Agreement with Sunny Creek I Partnership. 2. Notice of Exemption. 3. Uncontrolled Stockpile Agreement with Sunny Creek I Partnership. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR UNCONTROLLED STOCKPILE WITH SUNNY CREEK I PARTNERSHIP WHEREAS, Sunny Creek I Partnership has submitted a request for approval of an agreement for uncontrolled stockpile of excess material generated by the Carlsbad Municipal Water District’s Waterline Project on El Camino Real; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to approve said agreement; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the agreement for uncontrolled stockpile with Sunny Creek I Partnership which is on file with the City Clerk and is incorporated by this reference is approved. 3. That the City Clerk is hereby authorized to cause the original agreement to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 11th day of JUlY , 1988 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None Al-TEST: ALETHA L. (SEAL) . ? -. NOTICE OF EXEMPTION * COSTA REAL MUNICIPAL WATER DISTRICT 5950 El Camino Real Carlsbad, California 92008 TO: County Clerk! TO: Secretary for Resources County of San Dieqo 1416 9th Street, Room 1311 220 West Broadway Sacramento, CA 95814 DiegD. CA 97117 (if required) EL CAMINO REAL 36" WATERLINE Project Title EL CAMINO REAL BETWEEN COUGAR DRIVE & TAMARACK BOULEVARD Project Location - Specific ,CARLSBAD . Project Location - City SAN DIEGO County DISPOSAL OF EXCAVATED MATERIAL FROM PIPELINE PROJECT ON LANDS WITHIN CITY LIMITS Description of Nature, Purpose, and Beneficiaries of Project CITY OF CARLSBAD Name of Public Agency Approving Project CARLSBAD MUNICIPAL WATER DISTRICT Name of Person or Agency Carrying Out Project Exempt Status: (check one) Ministerial Declared Emergency Emergency Project Categorical Exemption - state type and section number Other (specify below) CATEGORICAL EXEMPTION UNDER SECTION 15304 OF CEQA GUIDELINES Reasons Why Project Is Exempt RDBERT GREANEY Contact Person 303 438-2722 Area Code Phone Extension If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? es X no P DATE: May 19, 1989 &L &J c<_. t' - 'i' it-11 fcu/ue~ Ma$ager Rober (DEB2:GMCEQA.m) *THIS NOTICE IS TO ADD TO THE PREVIOUSLY ISSUED NAGATIVE DECLARATION DN THIS PROJECT. THIS NOTICE CONCERNS PLACEMENT OF EXCAVATED MATERIAL FROM THE PROJECT AS FILL WITHIN THE CITY LIMITS. sci- YlgQ Y 5 - 2uo a9 A 12045 . RE;CORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: i City Clerk City of Carlsbad ; 1200 Elm Avenue Carlsbad, California 92008 1 -cm,,- f _ i I Fp:-.- --‘i-: ; pi --=g s .- : .- r --. :‘; ..: i - i . . I i-. .T. -, :; i a..- $ 89 &jg -3 &‘t 8:3$j il.? ; i r _ : :.L f f--i?;r iii-. , __ I ;,,=T’; c- a%L $&;-cy;r ; __ :-.,<t&-. i”rrU ..i.~.~ii&Ii_~~ Space above this line for Recorder’s use Documentary transfer tax: $ No fee Signature of declarant determining tax firm Name City of Carlsbad Parcel No. 209-090-l 1 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this 27&day of _ & 1989, by and between Sunnv Creek I PartnershiD (Name of Developer) a A California Limited Partnership (Corporation, partnership, etc.) hereinafter referred to “Developer” whose address is 5850 Avenida Encinas, Suite A (Street) Carlsbad, California 92008 (City, state, zip code) and Sunnv Creek I Partnership (Name of Legal Owner) f A California General Partnership (Corporation, etc) I Hereinafter referred to as “Owner” whose address is 5850 Avenida Encinas, Suite A (Street) Carlsbad, California, 92008 (City, state, zip code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “CITY,” whose address is 1200 Elm Avenue, Carlsbad, California 92008. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit “A”, attached to and made a part of this agreement, and hereinafter referred to as “Property”; and WHEREAS, the property lies within the boundaries of City; and WHEREAS, Developer wishes to stockpile 10,000 cubic yards on Owners property (Exhibit A); and WHEREAS, Owner 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, Developer acknowledges that the grading shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of Developer or his successors in interest; and WHEREAS, the grading or stockpiling shall be constructed in accordance with plans approved by the City Engineer. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agrees as follows: 1. Developer and Owner agrees to indemnify and to hold the City of Carlsbad and any of its agencies or employees harmless from any liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by his actions or inactions or resulting from or arising out of the design, construction, or maintenance of the uncontrolled stockpile. Costs shall include all costs of defense, settlement, judgments, arbitrations or other costs associated with resolution of any claim or cause of action claimed or filed against the City-” 2042 . . 2. This agreement shall be approved by the City Council and recorded by the City Clerk in the Office of the County Recorder as an obligation upon land involved. 3. This notice shall remain in effect until a release of this agreement if filed by the City Engineer. 4. This agreement is binding on all heirs, successors or assigns having an interest in all or part of the real property described herein and set up the agreement to be recorded in the office of the San Diego County Recorder. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written. OWNER: m SUNNY . . . DEVELOPER: SUNNJ CREEK I PARTNERSHIP RUSSELL W. GROSSE Title GFNFRAI PARTNFR Title GENERAL Al-TEST: CITY OF CARLSBAD, a municipal corporation of the State of California ALETHA. L RA f APPROVED AS TO FORM: . * . , City Attorney (Notarial Acknowledgement of execution by DEVELOPER and OWNER must be attached.) - CAT. NO. NNOO930 TO 1949 CA (9-84) 2043 (Partnership) g TICOR TITLE INSURANCE ggjFT;yLIFoRy$/ /)/tTG o > ss. t Y i; ’ 2 tb2 person who executed the within instrument as 0 Islsi/ of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature s - I II personally known to me or moved to me on the basis’of satisfactorv evidence to be OFFICIAL SEAL DOLORES F Vi’ALKER NOTARY PUBLIC - CULIFORNIA MN DIEG3 CW~NTY My comm. wires h1AY 29, 1993 (Thic - for off&I notuIaI seaI) STATE OF CALIFORNIA COUNTY OF PAM Arr,n s. t r Y t 3 personally known to me or % proved to me on the basis’of satisfactory evidence to be ti the person who executed the within instrument as d of the partners of the partnership that executed the withm instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. PUGLIC - C,$!FORNIA Signature (This area for officid notarid aed) - c I, . . I I 2044 Exhibit A Lot 11 of Carlsbad Tract No. 83-36 Unit No. 1 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11242, filed in the office of the County Recorder of San Diego County on May 23, 1985.