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Home My WebLink About2000-05-09; City Council; 15720; Stockpile Agreement Poinsettia PropertiesI * ). h CITY OF CARLSBAD -AGENDA BlLL 46# 15,720 TITLE- -* STOCKPILE AGREEMENT CARLSBAD TRACT CT 97-l O/CDP 97-l 6 VITG. 5/9/00 POINSETTIA PROPERTIES IEPT. LOCAL FACILITES MANAGEMENT ZONE 22 ENG RECOMMENDED ACTION: Adopt Resolution No. 2000-138 approving the stockpile agreement for Carlsbad Tract CT 97-l O/CDP 97-16, Poinsettia Properties, Local Facilities Management Zone 22 and authorizing the City Clerk to process the agreement for recording. ITEM EXPLANATION: Engineering staff has completed checking the stockpile agreement for lots 1, 2 and 3 for Carlsbad Tract CT 97-lO/CDP 97-16, also known as Poinsettia Properties,. Local Facilities Management Zone 22. This is a 55.6 acre property subdivided for residential, commercial and recreational development. This subdivision is within Local Facilities Management Plan (LFMP) Zone 22 and is generally located at the northwest corner of Avenida Encinas and Poinsettia Lane. It is comprised of 5 lots and is a subdivision of Parcel A of the Poinsettia Properties Specific Plan. The stockpile agreement conforms substantially with the coastal development permit (CDP 00-13) for the stockpile grading and the proposed grading is consistent with EIR 96-01 & Specific Plan 210. The stockpile agreement also conforms to the General Plan, all the applicable requirements of the Municipal Code, City Standards, and Growth Management Plan. The applicant, HSL/BP/Michan, L.P., a California Limited Partnership, is requesting the recordation of said stockpile agreement. FISCAL IMPACT: The developer pays a plancheck fee to cover the expense of planchecking and processing the stockpile agreement for recording. There is no fiscal impact to the City. All appropriate fees will be paid if and when grading permits are issued for this project. EXHIBITS: 1. Location Map. Resolution No. 2occ-13s approving the stockpile agreement for Carlsbad Tract CT 97-lO/CDP 97-16, Poinsettia Properties, Local Facilities Management Zone 22 and authorizing the City Clerk to process the agreement for recording. Agreement Between Owner, Developer and the City of Carlsbad for an Uncontrolled Stockpile (Coastal Zone). NO7 TO SCALE PROJECT NAME POINSE T T/A PROPER TIES STOCKPILE AGREEMENT 4W BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT. PROJECT EXHIBIT NUMBER CT97-70 I c - <- d A 1 2 3 4 5 6 7 8 9 IO 11 12 ' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE STOCKPILE AGREEMENT FOR CARLSBAD TRACT CT 97-lO/CDP 97-16, POINSETTIA PROPERTIES, LOCAL FACILITES MANAGEMENT ZONE 22 AND AUTHORIZING THE CITY CLERK TO PROCESS THE AGREEMENT FOR RECORDING. WHEREAS, HSUBP/Michan, L.P., a California Limited Partnership has submitted a stockpile agreement for Carlsbad Tract CT 97-lO/CDP 97-16, Poinsettia Properties, Local Facilities Management Zone 22 to the City of Carlsbad for approval; and WHEREAS, an Environmental Impact Report (EIR 96-01) was certified and a Specific Plan (SP 210) for Poinsettia Properties was approved by the Council on January 20, 1998 and amended by the Council on October 20, 1998 pursuant to Resolution Nos. 96-289, 98-10, and Ordinance No. NS-460; and WHEREAS, the City approved a coastal development permit (CDP 00-13) for the stockpile grading and determined that the proposed grading is consistent with EIR 96-01 and Specific Plan 210; and WHEREAS, the Public Works Director has determined that said agreement substantially conforms to the approved Specific Plan, EIR, and coastal development permit; and WHEREAS, the conditions of approval for said final map have been completed or secured; and WHEREAS, the City Council of the City of Carlsbad determined it to be in the public interest to approve said agreement; and 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. Ill Ill 2. That the City Manager is authorized to sign stockpile agreement. Ill 2 3 4 5 6 7 6 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 28 27 28 -4 3. That the City Clerk is authorized to cause the original stockpile agreement to be recorded in the Office of the County Recorder of San Diego County, State of California. After document recordation forward copies of said agreement to the Engineering Department and Benchmark Pacific; Attention: Doug Avis, 5055 Avenida Encinas, Suite 210, Carlsbad, CA 92008. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of May ,200O by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin (SEAL) - RECORDING REQUESTED BY ANDWHENRECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carisbad Village Dr. Carlsbad, CA 92008 MENT BETWEEN OWNER, DE@ ND THE CITY OF CARLSBAD FO ip hereinafter 10, Carlsbad, I? CA 92008 and: hereinafter refer California 92008. “ / (r-.. ,” use addle iH ,200 Ca WHEREAS, Ow attached to and made a part WHEREAS, the prope escribed on Exhibit “A”, rries of City; and 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. YASTERS\FORMS\ JNCONTROLLED STOCKPILE AGREEMENT (CZ) Rev. 02/04/97 5 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 neighboring property; or by any actio-9% uncontrolled stockpile. .=.i &ion used in placing or removing Clerk in the ill Ill Ill Ill Ill Ill Ill tit Ill tit Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill .1 i::. ‘“p,‘ i*:,,jyt .-L‘ / Q wp I, 1 1 :.,. 1I.i , ” .:, :i : ,. the 78 City MASTERSFORM. UNCONTROLLED STOCKPILE AGREEMENT (CZ) Rev. 02/04/97 6 - 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: HSUBPlMichan 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 1kr-r~ partnership, Its General PartneL; By: Benchmark Pacific Mansa a California corporqtis Strata/Poinsettia, a a 25% undivided i I partnership, zl owner , &;al .+p,: By: corporatirj By: : .,A r,*on Ap on Benchmark Pa HSL Properties, Inc., a Cz a 17.88% undivided interest.’ By: Humber-to S. Lopez, President Strata Equity Corporation, a California corporation, a 13.75 % undivid as record dwner 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: Deputy City Attorney MASTERS!FORMS\ UNCONTROLLED STOCKPILE AGREEMENT (‘22) Rev. 02/04/97 I C 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 Office of the County Recorder of San Diego County on May 21,1999. - I Elm”-@ I mmvmsu [ I which the person acted, executed the I 3- wm WITNESS my hand and official seal. i I 3 snm f mucI) t t 3 lm@ % f anno- Ii Emv*rr) “Sam ALL-PURPOSE ACKNOWLEDGMENT 3 CAPACITY CLAIMED BY SIGNER f IJ Ilom*LIs)mmsmoEsRmEm~~ f i -*m--p FORM 1174!SZ049, \ personally appeared J b S*bL (name, title Gf officer), 5 9 ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to ii e the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged I to me that he/she/they executed the same in hislhedtheirauthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of I which the person(s) acted, executed the instrument. WITNESS my hand and official seal. A&PURPOSE ACKNOWLEDGMENT 77 --*-6,bWW- * CAPACITY CLAIMED BY SIGNER miee6BeBeee-em -e4aeee ----.---mm FORM 117452 01 4 ]- Signature . ’ I . . - ALLPURPOSE ACKNOWLEDGMENT .mHeam gwmmwmelwe*e*ap which the perso@ acted, executed the instrument. WITNESS my hand and official seal. CAPACITY CLAIMED BY SIGNER f t q mNmLtw-mo1 f t cl- f ORCUIII owl c#llr 1 0 mown Y t L f-J AllwnlEF s UfAcl E Cl-- mm? I Cl- mu(u 1 5 nwg f EmmlEq RrFmsmw t *LG!m-e- ~-bbe---~~~~-_-~ FORM 117452 0491 A&PURPOSE ACKNOWLEDGMENT *-----*7 I f State of Cdr&urra, i county of SLDiem * Cad05 AbcbaH 0 proved to me on the basis of satisfactory evidence to name* islap subscribed to the within instrument and acknowledged to me that he/sle/tt#y executed the same in his/hyr/tMr authorited capacity(@), and that by f hislh#r/tH#r signaturew on the inStWT’H?nt the person# or the entity upon behalf of B which the person instrument. P, acted, executed the t WITNESS my hand and official seal. CAPACITY CLAIMED BY SIGNER f 0 *DMIMsRlmmo- f o- Q -0 mrr(r) 1 CQlyl ! cl- f q AmollEF OWEI -1 f q lwmw lmmr f D- f rmr(r) E rmr(e i ~NlluMw f ! ~MlrrmremD % ALlePURPOSE ACKNOWLEDGMENT -a-@--*-wP~ ,106 mfclidd I (name, title/of officer), - 0 proved to me on the basis of satisfactory evidence to ubscribed to the within instrument and acknowledged ame in hislh#r/tl@r authorized capacity(i$), and that by trument the person@, or the entity upon behalf of which the person instrument. 96 ) acted, executed the WITNESS my hand and official seal. EmlY~q AEmmEmm eeewaSe~~~--~~~~~ FORM 117452 0491 ALL-PURPOSE ACKNOWLEDGMENT fir--------------fl 8 State of i i SAPACITY CLAIMED BY SIGNER 1 County of f [ ij On before me, . [ (name, title of officer), f personally appeared f [7 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 instrument. WITNESS my hand and official seal. Signature CAPACITY CLAIMED BY SIGNER