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.
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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