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HomeMy WebLinkAbout1996-01-09; City Council; 13459; APPROVAL OF AN UNCONTROLLED STOCKPILE AGREEMENT WITH DANIEL T. SHELLEY - CT 90-03Cl-! OF CARLSBAD - AGEI-,A BILL AB # !?, Y s ci TITLE: MTG. l-09 -96 APPROVAL OF AN UNCONTROLLED STOCKPILE AGREEMENT WITH DANIEL T. SHELLEY DEPT. ENG CT 90-03 77 . DEPT. HD. &it& CITY ATTY bizrc, CITY MGa: RECOMMENDED ACTION: Adopt Resolution No. gd -I 0 approving the Uncontrolled Stockpile Agreement between Daniel T. Shelley and the City of Carlsbad. I ITEM EXPLANATION: Daniel T. Shelley is requesting City Council approval of an agreement to place an uncontrolled stockpile upon a portion of his property located on the southeastern part of the City east of Ranch0 Santa Fe Road and just north of the City boundary with City of Encinitas. The fill dirt for the stockpile will be generated from the construction of Calle Acervo within the Shelley property for the Rice property project in the City of Carlsbad, currently under construction. The other source of the fill dirt is a borrow site south of Calle Acervo on the Shelley property. Approval of the stockpile will balance the earthwork for the proposed Shelley subdivision and would prevent construction crossing of Calle Acetvo during the Shelley property grading operation. Currently, the adopted Local Facilities Management Plan for Zone 11 restricts the issuance of grading and building permits within the zone area. However, staff finds this project as exempt from said Growth Management restriction due to the following reasons: 1. The proposed project is related to and supports the Rice Property project which is a project conditioned to construct off-site Calle Acervo within the Shelley property. 2. The proposed stockpile is not a final project and will require subsequent discretionary approvals from the Cii before issuance of building and pad grading permits. 3. The proposed project does not adversely affect the drainage and circulation performance standards which the LFMP has identified to be deficient. Staff has conducted an environmental review of the stockpile project pursuant to the Guidelines for the Implementation of the CEQA and the Environmental Protection Ordinance of the City. As a result of said review, a Negative Declaration has been issued for the project (Case No. CT 90-03, Calle Acervo Stockpile), which the City Engineer (preparatory to approval of the related grading permit) has approved. Mr. Shelley has also submitted to the City his application for the ultimate development of his entire property. Staff has recently found his application to be complete for processing and are currently resolving the issues related to the proposed subdivision. A stockpile agreement is required by City Code because the placement of the fill will be done in such a manner that is not suitable for building structures without further City discretionary approval, soils investigation, and foundation design. Staff reviewed Mr. Shelley’s request and have no objections to the placement of a stockpile at this location. Page 2 of Agenda Bill No. -lqt59 FISCAL IMPACT NONE EXHIBITS: 1. Location map. 2. Signed Uncontrolled Stockpile Agreement. 3. Resolution No. 96 - IO approving an Uncontrolled Stockpile Agreement. 3 CONSTRUCTION NOT TO SCALE PROJECT NAME PROJECT EXHIBIT CALLE ACERVO STOCKPILE NUMBER CT90-03 1 d - RECORDING REQUESTED BY AND UHEN RECORDED MAIL TO: City Clerk CITY OF CARLSGAD 1200 Carlsbad Village Dr. Carl&ad, CA 92008 BPACE ABOVE THIS LINE FOR RECORDER’S US1 ASSESSOR'S PARCEL NO. 264-010-11 PROJECT NO. & NAME: CT 90-03. CALLE ACERVO STOCKPILE AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE CT 90-03 THIS AGREEMENT is entered into this 12th day of- 1996 JANUARY , &B&& by and between DANIEL T. SHELLEY, hereinafter referred to as "Developer" whose address is 905 Olive Crest Drive, Encinitas, California 92024 AND the CITY OF CARLSBAD, a municipal corporation of the State ol California, hereinafter referred to as "CITY," whose address is 120( Carlsbad Village Drive, Car&bad, California 92008. RECITALS WHEREAS, Developer is the owner of the real property describec on Exhibit 'IA", attached to and made a part of this agreement, ant hereinafter referred to as llPropertyl'; and WHEREAS, the property lies within the boundaries of City; ant WHEREAS, Developer wishes to stockpile 49,000 cubic yards or / Owners property (Exhibit A); and hGREDEHT/AG-3O.FRH -l- Rev. 9/7/9!5 h h 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 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 neighboring property ; or by any action or grading operation used in placing or removing the uncontrolled stockpile. -9.. 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. -2- Rev. 9/7/% h . 3. This notice shall remain in effect until a release of this agreement if 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: DANIEL T. SHELLEY, a married CITY OF CARLSBAD, a Municipal Corporation of the State of California man as his sole and separate V ATTEST: ALETHA L. RAUTENKRAfSZ I City Clerk Upon Approval of,, the Council on January 9’: 1996 City (Proper notarial acknowledge of execution by OWNER and DEVELOPER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney /-/P 96 -3- Rev. 9/7/95 A 1 CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT State of C&$Ou7i9 County of Lfi On &Qfllbr rl, 19T3 before me, rQ& g’ I f!rq AhI , rv PlA& , l2AI-E N*YE. TRLE OF OFncER - %G. -JANE DOE. NOTARY PUS&- ) personally appeared bn Fe1 7 s Sh elle\l 4 N J*E(Sl OF SK;NERlS) a personally known to me - OR - &ved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIRJESS my hand and official seal. \ $lik&wfq - SIGNATURE Of NOTARY OPTlONAL Though me data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SiGNER d lNOlVlDUAL a COAPOt3ATE OFFICER mu&s) OESCRlPTlON OF AITACHED DOClJMENT &cx7+rolbc. 1 stcrti;le )y!m& . - J-ITLE OR TYPE OF OOCUMENT c] PARTNER(S) cl uMlTED a GENERAL a ATTORNEY-IN-FACT cl TRusTEE(s) # ~U~~WCONSERVATOR . . NUMBER OF PAGES OATE OF DOCUMENT SIGNER IS REPRESENTING: ~~pERsoNoQ1pmpmER SIGNER(S) OTHER THAN NAMED ABOVE ICX GI? 416 . - Order No.1168932 50 . DESCRIPTION EXHIBITA PARCEL A-l: THAT PORTION OF LOTS 13 AND 14 OF THE SUBDIVISON OF THE RANCH0 LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THE-OF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 87O 11' 20" EAST 661.65 FEET TO AN ANGLE POINT IN THE NORTHERLY AND EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO FRITZ WIEGAND AND WIFE, RECORDED APRIL 23, 1929 IN BOOK 1620, PAGE 213 OF DEEDS; RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY, SOUTH 3O 14' 40" EAST -RECORD SOUTH 4O 06' EAST- 660.06 FEET AND NORTH 87O 07' 20" EAST 651.54 FEET, MORE OR LESS, -RECORD NORTH 86O 16' EAST 661.64 FEET- TO THE EASTERLY LINE OF THE WESTERLY HALF OF SAID LOT 14; THENCE ALONG SAID EASTERLY LINE, SOUTH 3O 08' 17" EAST 800 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOOTH 3O 08' 17" E?iST 1121.45 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 60 FEET OF SAID LOT 14; THENCE ALONG SAID NORTHERLY LINE, SO@l?H 86O 51' 37" WEST 1060.89 FEET TO THE CENTER LINE OF THE COUNTY ROAD KNOWN As ROAD SURVEY NO. 454-A AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED DECEMBER 19, 1930 IN BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH 54O 49' 23" WESi! -RECORD NORTH 54O 57' WEST- 527.74 FEET TO THE BEGINNING OF A TANGENT 1000 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE 313 FEET THROUGH AN ANGLE OF 17O 56'; THENCE TANGENT TO SAID CURVE NORTH 36O 53' 23" WEST -RECORD NORTH 37O 01' WEST- 691.21 FEET TO A LINE WHICH BEARS SOUTH 87O 07' 20" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 87O 07' 20" EAST 2070.48 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS OF LOTS 13 AND 14 OF THE SUBDIVISION OF THE RANCH0 LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RBCORDER OF SAN DIEGO COUNTY ON JUNE 27, 1898, AND BEING ALSO SITUATED IN THE CITY OF -SBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PART1 CULARLY DESCRIBED As FOLLOWS: BEGINNING AS A POINT OF REFERENCE, AT THE SOUTHWEST CORNER OF SAID LOT 14 AS FOUND MONUMENTED BY RGCORD OF SURVEY (R.O.S.) NO. 10023, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 18, 1985; THENCE ALONG THE SOUTH LINE OF SAID LOT 14, N 87O 18' 48" EAST A DISTANCE OF 340.60 FEET TO THE CENTER LINE OF RANCH0 SANTA FE ROAD, ALSO KNOWN AS ROAD SURVEY NO. 454-A; THENCE ALONG THE CENTERLINE OF SAID RANCH0 SANTA FE ROAD, NORTH 54O 22' 30" WEST A DISTANCE OF 96.83 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG THE CENTER LINE OF SAID RANCH0 SANTA FE ROAD, NORTH 54O 22' 30" WEST A DISTANCE OF 368.35 FEET TO AN ANGLE POINT, BEING ALSO THE CENTER LINE INTERESECTION WITH AVENIDA LA POSTA AS MONUMENTED ACCORDING TO TRACT MAP NO. 3897-1 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANTJARY 6, 1983; Order No.1168932 50 A DESCRIPTION EXHIBIT A THENCE ALONG THE PROPOSED CENTER LINE OF CALLE ACERVO THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1. NORTH 350 37' 30" EAST A DISTANCE OF 450.00 FEET TO THE BEGINNING OF A TANGENT 650.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; 2. THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 57“ OS' 52", A DISTANCE OF 648.51 FEET. THENCE, LEAVING SAID CENTER LINE, SOUTH 02 O 41' 12" EAST, A DISTANCE OF 433.52 FEET; THENCE SOUTH 52=' 16' 17" WEST, A DISTANCE OF 94.05 FEET; THENCE SOUTH 02" 41' 12" EAST, A DISTANCE OF 338.00 FEET TO A POINT IN THE NORTHERLY LINE OF THE SOUTHERLY 60 FEET OF SAID LOT 14; THENCE SOUTH 870 18' 48" WEST A DISTANCE OF 485.00 FEET ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING. THE BASIS OF BEARINGS OF THIS DESCRIPTION IS THE SOUTH LINE OF SAID LOT 14 AS SHOWN ON SAID RECORD OF SURVEY NO. 10023, I.E. NORTH 87O 18' 48" EAST. PARCEL A-2: THAT PORTION OF LOTS 13 AND 14 OF THE SUBDIVISION OF RANCH0 LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 87O 11' 20" EAST 661.65 FEET TO AM ANGLE POINT IN THE NORTHERLY AND EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO FRITZ WIEGAND AND WIFE, RECORDED APRIL 23, 1929 IN BOOK 1620, PAGE 213 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY, SOUTH 3O 14' 40" EAST -RECORD SOUTH 4O 06' EAST- 660.60 FEET TO AN ANGLE POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY, NORTH 87O 07' 20" EAST 651.54 FEET, MORE OR LESS, -RECORD NORTH 86* 16' EAST 661.64 FEET- TO THE EASTERLY LINE OF THE WESTERLY HALF OF SAID LOT14;THENCEALONG SAID EASTERLY LINE, SOUTH 3O 08' 17" EAST 800 FEET; THENCE SOUTH 87O 07' 20" WEST 2070.48 FEET TO THE CENTER LINE OF THE COUNTY ROAD, KNOWN AS ROAD SURVEY NO. 454-A, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED DBCEMBER 19, 1930, IN. BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CBNTER LINE NORTH 36O 53' 23" WEST -RECORD NORTH 37O 01' WEST- 559.36 FEET To THE BEGINNING OF A TANGENT 1000 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE, 291.91 FEET THROUGH AN ANGLE OF 16“ 43' 30"; THENCE TANGENT TO SAID CURVE, NORTH 20* 09' 53" WEST -RECORD NORTH 20° 17' 30" WEST- 77.57 FEET TO A LIME WHICH BEARS SOUTH 87* 07' 20" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 87O 07' 20" EAST 1877.16 FEET TO THE TRUE POINT OF BEGINNING. 2 - Order No:1168932 50 . DESCRIPTION EXHIBIT A PARCEL A-3: THAT PORTION OF LOTS 13 AND 14 OF THE SUBDIVISION OF RANCH0 LAS ENCINITAS, IN THE CITY OF CAR&BAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICB OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JDNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 87O 11' 20" EAST 661.65 FEET TO AN ANGLE POINT IN THE NORTHERLY AND EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO FRITZ WIEGAND AND WIFE, RECORDED APRIL 23, 1929 IN BOOK 1620, PAGE 213 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY SODTH 3O 14' 40" -T, -RECORD SOUTH 4O 06' EAST- 660.06 FEET; THENCE SOUTH 87O 07' 20" WEST 1877.16 FEET TO THE CBNTER LINE OF THE COUNTY ROAD KNOWN As ROAD SURVEY NO. 454-A, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED DECEMBER 19, 1930 IN BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTER LINE, NORTH 20° OS' 53" WEST -RECORD NORTH 20° 17' 30" WEST- 690.46 FEET TO THE NORTHERLY LINE OF SAID LOT 13; THENCE ALONG SAID NORTHERLY LINE, NORTH 87O 03' 30" EAST, 1416.46 FEET TO THE POINT OF BEGINNING. PARCEL A-4: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER AND ACROSS THAT PORTION OF THE SOUTHERLY 60 FEET OF THE WESTERLY HUF OF LOT 14 OF RANCH0 LA!3 ENCINTIAS, WHICH LIES EAST OF THE CENTER LINE OF THE COUNTY ROAD KNOWN AS ROAD SURVEY NO. 454 -A. 3 . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 .26 27 28 RESOLUTION NO. 9 6 - 10 A RESOLUTlON OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, ACCEPTING THE CITY UNCONTROLLED STOCKPILE AGREEMENT WITH DANIEL T. SHELLEY. WHEREAS, Daniel T. Shelley has submitted a grading plan requiring an uncontrolled stockpile on his property located on the southeastern part of the City; and WHEREAS, the Cii of Carlsbad has determined that it is in the public interest to grant the Uncontrolled Stockpile Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl&ad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager is authorised to execute the agreement and the City Clerk is authorized to cause the Uncontrolled Stockpile 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 Carl&ad City Council held on the 9th day of JANUARY , 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None AlTEST: ALETHA L RAUTENKRANZ, City Clerk ww January 12, 1996 Gregory J. Smith San Diego County Recorder Post Office 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, CT 90-03 APN 264-010-11 Also enclosed are instructions on how the City is to be billed for the recordation fees incurred. Thank you for your assistance in this matter. ALETHA L. RAUTENKRANZ, CMC City Clerk ALR:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 a9