HomeMy WebLinkAbout; San Diego Gas & Electric; 1992-0072559; Uncontrolled Stockpile Agreement/Releaser
4
WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Carlsbad Village Drive 1 Carlsbad, California 92008
I
Parcel No. 210-01-26, 32
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR
AND UNCONTROLLED STOCKPILE
THIS AGREEMENT is entered into
-1
a Corporation, hereinafter referred to
ss is 101 Ash Street, San Diego, CA 921
LSBAD, a municipal corporation of
reina f ter ref err
Avenue, Carlsbad,
RECITALS
WHEREAS, Owner is the owner of the real pro,
described on Exhibit llA1l, attached to and made a part of
agreement, and hereinafter referred to as llPropertyee; a
WHEREAS, the property lies within the boundaries of
and
WHEREAS, Developer wishes to stockpile 15,000 cubic
on Owners property (Exhibit A) ; and
WHEREAS, Owner acknowledges that as an uncontr
stockpile the site is not eligible for a building 1
AGREEIIEWT/AG-30.FW 1
I *. e 31917 a
I 1 unless special soils analysis and foundation desig
submitted and approved: and
WHEREAS, Developer acknowledges that the grading sh
done and maintained in ii safe and sanitary manner at thi
cost, risk and responsibility of Developer or his succf
in interest; and
he grading or stockpiling shall be const:
y Engineer
of the recitals a
ained herei parties agrees as follc
veloper and Owner promise to indemnify and t
Carlsbad and any of its agencies o
om liability for injuries to persons,
property, directly or indirectly caused 1
waters, the blockage or alteration of the
ce waters or drainage; or by the encroachm
e on neighboring property: or by any act.
the uncont
stockpile.
2. This agreement shall be approved by the City C
and recorded by the City Clerk in the Office of the
Recorder as an obligation upon land involved.
3. This notice shall remain in effect until a r
of this agreement if filed by the City Engineer.
IN WITNESS WHEREOF, this agreement is executed
AGREEHENT/AG-30.FRM 2
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Diego County, California as of the date first written.
OWNER: DEVELOPER
San Dieso Gas & Electric San Diecso Gas & Electric
P.largot ,A!; Kyd, Vlce Prc
2’- I: - -F- / [I!. 1,y; p(L @( - BY
, Acting City Attorney
ledgement of execution by DEVELOPER and
AGREEUENT/AG-30.FRH 3
GENERAL ACKNOWLEDGMENT 1919
2G ~~~&pK~d~fz~ 3337
6 State of - CALIFORNIA On this themday of NOVEMBER 19_91, bc
LORAINE E GRAY
the undersigned Notary Public, personally appeared
1 ss. 4 Countyof SAN DIEGO 1 Q
4
~ til D M- RICHARDSON
@ personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person@) whose name@) is subscrit
ex within instrument, and acknowledged that he
and official seal
uF&- d22Zz-
NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd PO Box 4625 W 7110 122
STATE OF CALIFORNIA
CC:'NTY OF SAN DIEGO
ss
i -/
jc: p On / &,gyd 6/!-,' 1%' '-/ /' ,, before me, the undersigned, a Notary Pub.
in aipd for said State, personally appeared Margot A. Kyd personal
knowkto me to be the person who executed the within instrument a:
Vice President, Administrative Services, on behalf of San Diego G;
Electric Company, the corporation therein named, and acknowledged me that such corporation executed the within instrument pursuant .
i-ts by-laws or a resolution of its Board of Directors.
I\
WITNESS my hadd and off;i'ciaf seal.
OFFICIAL SEAL
&%WPrRA E. CARP& NOTBRY PtJBL,C-CALIF( S i gna t ur e PR !NC IPAt OFF ICE
6 0 1920 0 _.
EXHIBIT "A"
UGAL DESCRIPTION
PARCEL 3:
THAT PORTION OF LOT "Hrl OF RANCHO AGUA HEDIONDA, IN THE COUl OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION E THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
LINE OF THE LINE WHICH
LEL LINE AND
NORTH 72O25'
RECIF, TO THE WESTERLY LINE OF
WAS ESTABLISH SEPTEMBER
AID WESTERLY OF THE RIG
THE PACIFIC!
COURSE, IN THE SOUT
GROVER C. NO. 43667 DESIGNATED
SEPTEMBER 22, HIGH TIDE LINE
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE CALIFORNIA, ACCORDING lro PARTITION MAP THEREOF NO. 823, FI IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUN
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF A LINE WHICH
PARALLEL WITH AND DISTANT 2000 FEET AT RIGHT ANGLES SOUTHE
FROM THE SOUTHERLY LINE OF BLOCK "V" OF PALISADES NO.
ACCORDING TO THE MAP THEREOF NO. 1803, FILED IN THE OFFICE
THE COUNTY RECORDER OF SAM DIEZG COU;LJTY, AUGUST 25, 1924,
AGREEMENT/AG-3O.FRM 4
.
*. m 1921 w
8%
BEARING OF WHICH PARALLEL LINE AND ITS WESTERLY PROLONGAT11
THEREOF IS RECORDED AS NORTH 72O25' EAST ON SAID MAP OF SA PALISADES NO. 2, WITH THE WESTERLY LINE OF THE RIGHT OF WAY I THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS SA
RIGHT OF WAY WAS ESTAEILISHED ON SEPTEMBER 22, 1948, THEN
SOUTHERLY ALONG SAID WESTERLY LINE OF THE RIGHT OF WAY OF T ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE
2755.18 FEET; THENCE PARALLEL WITH A PORTION OF THE SOUTHER
BOUNDARY OF THE JACOBSEN LAND HEREIN AFTER DESCRIBED NOR
66O54'10" EAST 50 FEET TO THE CENTER LINE OF SAID RAILWAY RIG
OF WAY; THENCE ALONG SAID CENTER LINE SOUTH 23OO6l EAST 60 FE
TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LA
DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER
JACOBSEN, ET AL, RECORDED APRIL 29, 1948 AS DOCUMENT NO. 436
IN BOOK 2778, PAGE 341 OF OFFICIAL RECORDS; SAID POINT BE1
HEREIN DESIGNATED AS POINT rrTrt; THENCE ALONG SAID SOUTHER
BOUNDARY OF SAID LAND SO DESCRIBED NORTH 66O54'10" EAST 17
FEET TO A SECOND ANGLE POINT IN SAID BOUNDARY; THENCE LEAVl
SAID BOUNDARY, CONTINUING NORTH 66°54110g1 EAST 17 FEET; THE1
NORTH 23°0510511 WEST TO THE SOUTHWESTERLY AND SOUTHEI
BOUNDARY OF THE SWAMP OR OVERFLOW LAND KNOWN AS THE LAGOON BI
AS SAID BOUNDARY WAS :LOCATED ON SEPTEMBER 28, 1948; THE1
NORTHWESTERLY AND WESTERLY ALONG SAID SOUTHWESTERLY 1
SOUTHERLY BOUNDARY OF SAID SWAMP LAND TO THE EASTERLY LINE
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY; THE1
SOUTHERLY ALONG SAID EASTERLY LINE OF RIGHT OF WAY TO SAID L;
WHICH IS A LINE WHICH IS PARALLEL WITH AND DISTANT 2000 FEET
RIGHT ANGLES SOUTHERLY FROM THE SOUTHERLY LINE OF BLOCK rrV"
PALISADES NO. 2 ACCORDING TO THE MAP THEREOF NO. 1803; THE
ALONG SAID PARALLEL LINE SOUTH 72O25' WEST TO THE POINT
BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID RAILWAY RIGHT OF '
DESCRIBED IN DEED RECORDED AUGUST 30, 1909, AS DOCUMENT
3091, IN BOOK 473, PAG:E 111 OF DEEDS.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING EASTERLY THE WESTERLY LINE OF THE STATE HIGHWAY 5 AS DESCRIBED IN DEC OF CONDEMNATION IN FAVOR OF STATE OF CALIFORNIA, ISSUED OUT THE SUPERIOR COURT OF 'THE STATE OF CALIFORNIA, IN AND FOR
COUNTY OF SAN DIEGO, IN CASE NO. 164226, A CERTIFIED COPY
WHICH WAS RECORDED MAY 2, 1952 AS DOCUMENT NO. 54449, IN E
4456, PAGE 192 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED
FOLLOWS :
BEGINNING AT THE ABOVE DESIGNATED POINT l1TgV; THENCE NC
66°54'10" EAST ALONG THE SOUTHERLY LINE OF SAID JACOBSEN I
110.00 FEET TO THE TRUE POINT OF BEGINNING OF THE EXCEPT PARCEL HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT BEGINNING CONTINUING ALONG SAID SOUTHERLY LINE NORTH 66O54' EAST, 264.36 FEET TO THE MOST SOUTHERLY CORNER OF THAT PAI OF LAND DESCRIBED IN IFINAL ORDER OF CONDEMNATION FOR FREl
e 6322 - r c. *
1
, 8, '
PURPOSES, RECORDED MAY 5, 1952, AS DOCUMENT NO. 54449, IN BO(
4456, PAGE 192 OF OFFICIAL RECORDS, SUPERIOR COURT CASE Nc
164226, WHICH POINT IS; SOUTH 66O54'37'' WEST A DISTANCE (
400.00 FEET FROM CENTER LINE ENGINEERS STATION 348 PLUS 52.' AS SHOWN ON RIGHT OF WAY MAP THEREOF X1-SD-2-B ON FILE IN TI OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEER; THEN NORTHERLY, NORTHEASTERLY AND NORTHWESTERLY ALONG THE WESTER
RIGHT OF WAY LINE OF SAID CALIFORNIA STATE HIGHWAY, T
FOLLOWING COURSES AND DISTANCES:
NORTH 23°05'231v WEST, 30.00 FEET; NORTH 66°5493711 EAST (RECO
NORTH 66O54'10'' EAST) 190.00 FEET; NORTH 43°3613511 EAST, 48.
FEET; NORTH 3°23'551f WEST, 103.91 FEET, NORTH 20°58p3981 WES
270.19 FEET; NORTH 15°4010219 WEST 231.95 FEET; NORTH 23OO5l5
WEST 60.79 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE
SAID STATE HIGHWAY WHICH POINT IS 708.00 FEET NORTHEF
MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF THE ABC
WAY LINE OF THE SAID CALIFORNIA STATE HIGHWAY, SOUTH 66O54'3
WEST PARALLEL WITH THE SOUTHERLY BOUNDARY OF SAID JACOBSEN LE
574.37 FEET TO A POINT WHICH IS 60 FEET EASTERLY, MEASURED
RIGHT ANGLES FROM THE EASTERLY LINE OF THE RIGHT OF WAY OF SI
ATCHISON, TOPEKA AND SANTA FE RAILWAY, HEREIN DESIGNATED
POINT rtU1t; THENCE SOUTH 23O06' EAST, PARALLEL WITH THE EASTET LINE OF SAID RAILWAY RIGHT OF WAY 708.00 FEET TO THE TRUE PO: OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE 100 FOOT RAILRt
RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAIL1
COMPANY AS ESTABL1SHE:D ON SEPTEMBER 22, 1948, THAT L
SOUTHERLY OF A LINE BEGINNING AT POINT "U", HEREINBEF( REFERRED TO ; THENCE SOUTH 66O54'10" WEST 160 FEET TO THE W LINE OF SAID RAILROAD :RIGHT OF WAY.
DESCRIBED JACOBSEN mr); THENCE LEAVING THE WESTERLY RIGHT
THIS LEGAL DESCRIPTION WAS PREPARED By ME
OR UNDER MY DIRECTION IN CONFORMANCE WITH THE
ND SURVEYORS ACT I OCT 3a 25xS-f-e \ 19-? r DOUGLAS C. HENKE Ls- 3669