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Home My WebLink About1993-06-15; City Council; 12261; APPROVAL OF AN UNCONTROLLED STOCKPILE AGREEMENT FOR KELLY RANCHLb6 > 8 Dz tL 2 Z 0 F 0 a d G 2 0 p fy kc Cw OF CARLSBAD - AGEWA BILL j &-- AB # 12; &b / TITLE: DEP‘ CITY DEPT. LNG CITY RECOMMENDED ACTION: APPROVAL OF AN UNCONTROLLED STOCKPILE AGREEMENT FOR KELLY RANGH MTG, 6-15-93 py-,:/ ;-< Adopt Resolution No. 43 -I “approving the Uncontrolled Stockpile Agreement be Kelly Ranch, a California Limited Partnership and Kelly Family Carlsbad Partnerst the City of Carlsbad and authorizing the Mayor or City Manager to sign the agrt on behalf of the City. ITEM EXPLANATION: Kelly Ranch and Kelly Family Carlsbad Partnership is requesting City Council ai of an agreement to place an uncontrolled stockpile upon a portion of Parcel No. 2C 28. The stockpile was generated by a landslide during grading. The gradin previously approved by the City pursuant to Grading Permit PE 2.85.30. A stockpile agreement is required by City Code because Kelly Ranch and Kelly Carlsbad Partnership proposes to place the fill in such a manner that it is not suik the placement of building structures without further soil analysis and foundation t Engineering staff reviewed Kelly Ranch and Kelly Family Carlsbad Partnership’s r and has no objection to the placement of a stockpile on this site, FISCAL IMPACT: None EXHIBITS: 1. Location Map 2. Letter requesting Release of Bonds 3. Signed Uncontrolled Stockpile Agreement 4. Resolution No. 73-1L6adopting the Uncontrolled Stockpile Agreement. PROJECT NAME; KELLY RANCH PROJECT # EXH: 1 CT 83-30 0 0 LAW OFFICES OF PILLSBURY MADISON & SUTRO SAN FRANCISCO SUITE 1800 ORANC LOS ANGELES SACRA SAN JOSE MENLO WASH I NGTON, 0. C. SAN DIEGO, CALIFORNIA 92101 TOKYO WRITER'S DIRECT DIAL NUMBER 101 WEST BROADWAY TELEPHONE (619) 234-5000 TELECOPIER (619) 236-1995 544-3166 April 22, 1993 Mr. Lloyd Hubbs City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Release of Bonds Kelly Ranch Property Our File No. 70781-100-0001 Dear Mr. Hubbs: As you will recall, the Kellys are interested in obtaining the release of certain improvement/maintenance bonds imposed by the City of Carlsbad (the "City") as a condition to development of the Kelly Ranch property. With this letter, the Kellys are delivering to the City an original, executed "Stockpile Agreement" which the City has requested in order to release the improvement/maintenance bonds. Jean Willcox of Alexander & Alexander has advised us that the City needs to return the original bonds to American Casualty Company, accompanied by a letter from the City authorizing the release of such bonds. In order to expedite this matter, please find enclosed a sample "release letter" to be delivered to the bonding company. If you have further questions, please do not hesitate to contact Ms. Willcox at (818) 683-5000. The Kellys desire to cause the release of all improvement/rnaintenance bonds as soon as possible, so as to allow €or a timely cancellation of the Kelly Ranch tentative map Sincerely urs, J ddL ffrey R. Stoke JRS : wpc Enclosure cc: Ms. Luck Sippel 20373678 RECORDING R ESTED BY AND 1 0 a 1 WHEN RECORDED MAIL TO: 1 City of Carlsbad 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 1 Space above this line for Recorder's use Parcel No:;. 205-020-28 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this F day off?? 19 / t 9 L, by and betwee nch, a California L: Partnership and Kel3y Fami Partnership, a Calil Limited Partnership togeth er referred to ttDeve] whose address is 1287 Vera ide, California, 920f Kelly Ranch, a California Limited Partnership and Kelly I Carlsbad Partnership, a Califo partnership, to? hereinafter referred to as glOwnerll wh dress is 1287 Vera @ Oceanside, California 92056 1 ,- the CITY OF CARLSBAD, a munici tion of the Sta California, hereinafter referr ''CITY, II whose addre 1200 Carlsbad Village Drive, Ca ornia 92008. RECITALS WHEREAS, Owner has title to the real property describ Exhibit I'A", attached to and made a part of this agreement hereinafter referred to as 11Property1t; and WHEREAS, the property lies within the boundaries of Citl WHEREAS, Developer wishes to stockpile 100,000 cubic yai AGREEMENT/AG-30.FRM 1 0 0 Owners property (Exhibit A) : and WHEREAS, Owner acknowledges that as an uncontrolled stc the site is not eligible for a building permit unless specia analysis and foundation design are submitted and approved; WHEREAS, Developer acknowledges that the grading shall and maintained in a safe and sanitary manner at the sole cos and responsibility of Developer or his successors in intere WHEREAS, the gradin ng shall be constru accordance with plans ap e City Engineer. NOW, THEREFORE, in con on of the recitals i covenants contained herein, t s agrees as follows: 1. Developer and Owne e to indemnify and to k. City of Carlsbad and any of its agencies or employees harmlc liability for injuries to pe st or damage to or tal property, directly or indirect used by the diversion of the blockage or alteration of the normal flow of surface WZ drainage; or by the encro ockpile on neic property; or by any actio ion used in PI; removing the uncontrolled stockpile. 2. This agr ent shall b approved by the City Cou1 Office of the County Recc recorded by the City Clerk in th an obligation upon land involved. 3. This notice s’all remain i.. effect I// /// AGREEIIENT/AG-M.FRn 2 __ 0 0 IN WITNESS WHEREOF, this agreement is executed in San County, California as of the date first written. OWNERS : DEVELOPERS: Kelly Ranch, a California Kelly Ranch, A California Lim: Limited Partnership Partnership By: Kelly Family Investment By: Kelly Family Investment L. Limited Partnership I A California Limited Limited Partnership, as Partnership, as neral Partner General Partner Partnership I A Californii By: The Kell - __ fl) F c. I rd $ o 5 d t 4u M u - $ .zg s 5 !? qg $2 $ z-3 ZQ 3 iz rT.20 Individual AcKnowledgment 5TATE OF CALIFORNJA On this,zday of April and for said County and State, personally appeared Allan 0. Kelly Co-Trustee and Katherine M. Co-Trustee gsssmaJb/JkraswuR.-(or proved to me on the basis of satisfactory evidence) to be the persons whose name s are subscribed to this instrument and acknowledged that they executed it. Attached to an agreement between developer and City of Carlsbad 92 San Diego } ss. COUNTY OF , in the year 19-, before me, the undersigned, a Notary Public in WITNESS my hand and official seal. / & PrnflQ&L Notary Public in and for said County and State i 1 I I < i 1 OWNERS : DEVELOPERS: Kelly Ranch, a California Kelly Ranch, A California Limit Limited Partnership Partnership By: Kelly Family Investment By: Kelly Family Investment LiI Limited Partnership, A Partnership, A California California Limited Limited Partnership, as Partnership, as General Partner General Partner By: The Kelly Fami as General Partners Co-Trustee Kelly Family Carlsbad Kelly Family Carlsbad Partners Partnership, A California A California Limited Partnersh Limited Partnership By: Kelly Family Investment By: Kelly Family Investment Li Limited Partnership; A ' Partnership, A California Limited Partnership, as General Partner Katfierine M. Kelly, Co-Trustee ATTEST: CITY OF CAR D, a mun L?.e&fi/U ALETHA. L RAUTENKRANZ City Clerk AS TO FORM: 1 I e City Attorney 3/q4r * (Notarial Acknowledgement of ex cution by DEVELOPER and OWN1 be attached.) AGUEEENT/AG-M.FRM 3 I EXHIBIT "A" a LEGAL DESCRIPTION 0 PARCEL 1: A PORTION OF LOT ttItt AND A PORTION OF LOT ttFtl OF RANCHO HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO ACCORD1 MAP NO. 823 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY REC NOVEMBER 16, 1896. 4 I AGREEMEWT/AG-M.FRH 1 2 3 4 5 6 7 8 9 10 11 12 13 34 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 93-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING AN UNCONTROLLED STOCKPILE AGREEMENT WHEREAS, Kelly Ranch and Kelly Family Partnership has submitted a gradi requiring an uncontrolled stockpile on their property located east of Carlsbad Boulev south of the Agua Hedionda Lagoon; WHEREAS, the City of Carlsbad had determined it to be in the public interest to E Uncontrolled Stockpile Agreement; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of C California as follows: 1. 2. That the above recitation is true and correct. That the Mayor or City Manager is authorized to execute the Agreement Clerk is authorized to cause the Uncontrolled Stockpile Agreement to be recorded in 1 of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit held on the 15th day of JUNE , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaai NOES: None ABSENT: None ATTEST: AL&~<~Z~M .* (SEAL) 1