HomeMy WebLinkAboutCT 01-09; La Costa Town Square LLC; 2004-0068114; Uncontrolled Stockpile Agreement/ReleaseRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
3P1N 283 2004 4:23 PPI
OFF IC I AL RECORDS SAN DIEGO CDUNTY BEGORDER’S OFFICE GREGURY J. SMITH:, COUNTY RECORDER FEES: 28.00
Space above this line for Recorder’s use.
ASSESSORS PARCEL NO. 223-050-68 ; 223-050-70 ;
223-060-31 ; 223-060-32
PROJECT NO. & NAME: La Costa Town Square, CT 01-09
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR
AN UNCONTROLLED STOCKPILE
THIS AGREEMENT is entered into this /s fi day of Jaw; , 20& by and
between
La Costa Town Square, LLC
a Delaware limited liability company
hereinafter referred to as “Developer” whose address is
8799 Balboa Ave, Suite 270
San Diego, CA 92123
and
MAG Properties,
a California general partnership
hereinafter referred to as “Owner” whose address is
7750 El Camino Real, Suite 2G
Carlsbad, CA 92009
And
the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as “CITY”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT
1
Rev. 2104197
RECITALS
WHEREAS, Owner is the owner of the real property described on Exhibit “A, attached
to and made a part of this agreement, and hereinafter referred to as “Property”; and
WHEREAS, the property lies within the boundaries of City; and
WHEREAS, Developer wishes to stockpile 95,000 cubic yards of grading or fill material
on Owner’s Property which is acknowledged to be designated as an uncontrolled stockpile; and
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 or the site is subsequently graded pursuant to a valid Grading Permit issued
pursuant to Chapter 15.16 of the Carlsbad Municipal Code; and
WHEREAS, the grading or stockpiling work shall be done in accordance with grading
plans and specifications approved by the City Engineer; and,
WHEREAS, Developer acknowledges that the uncontrolled stockpile shall be
maintained in a safe and sanitary manner at the sole cost, risk and responsibility of Developer
or Developer’s successors in interest.
NOW, THEREFORE, in consideration of the recitals and the covenants contained
herein, the parties agree as follows:
1. The recitals in this Agreement are hereby incorporated into the terms of this
agreement.
2. Developer and Owner agree to indemnify and to hold the City of Carlsbad and
any of its officers, agents or employees harmless from liability for injuries to persons, or
damage to or taking of property, directly or indirectly caused by the d iversion 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.
3. This agreement may be approved by the City Engineer and shall be recorded by
the City Clerk in the Office of the County Recorder as an obligation upon the Property inuring to I MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT 2 Rev. 2/04/97
the benefit of and be binding upon all successors in interest to Property.
4.
the City Engineer.
This Agreement shall remain in effect until a release of this agreement is filed by
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written.
OWNER
Mag Properties, aplifornia general
CITY OF CARLSBAD, a Municipal
Corporation of the State of California
parhershily)
By:
By:
Lloyd B. Hubbs
City Engineer
DEVELOPER
La Costa Town Square, LLC, a Delaware
limited liability company
JJ
By:
Title:
(Proper notarial acknowledge of execution by OWNER and 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: %
eputy City Attorney
MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT
3 Rev. 2/04/97
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
El Corporate Officer - Title@):
Partner - Ll Limited General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
Other:
State of California 1
County of
beforeme,u\c ~+CIR\A A
Date Name and Xtle of Officer (e g , "Jane Doe. Notary Public')
personally appeared kWTQ M&ee
Name@) of Signer(s)
&ersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the perso@) whose name@) isM
subscribed to the within instrument and
acknowledged to me that he/$e/tw executed
the same in hislbcrlthdr authorized
capacity@&), and that by hislbdtheir
signaturwon the instrument the persorl(dj, or
the entity upon behalf of which the perso&
acted, executed the instrument.
otary Public - California
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though fbe information below is not required by law, if may prove valuable to persons relying on the document and could prevenf
fraudulent removal and reaftachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
Signer Is Representing: I
0 1999 National Notary Association * 9350 De Soto Ave., P.0. Box 2402 - Chatsworth, CA91313-2402 - www.nationalnotaryorg Prod. No 5907 Reorder. Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
County of I? "I) ieatl,
, before me,
Date I ' Name and Title of@fflc& (e g , "Jane Doe, Notary Publc")
personally appeared Twwcs er
Name@) of Signer@)
&personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personM whose name@@jd
subscribed to the within instrument and
acknowledged to me that he/skd#my executed
the same in his/h&then- ' authorized
capacity(*, and that by his/-
signatureM on the instrument the person@), or
the entity upon behalf of which the person$)
acted, executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description
Title or Type o
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer ~~
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
Signer Is Representing:
0 1999 National Notary Association 9350 De Soto Ave.. PO. Box 2402 * Chatsworlh. CA 91313-2402 - www.nalionaInotary.org Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827
Order Number: DIV-675839 (20)
Page Number: 11
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL 1:
A PARCEL OF LAND BEING IN THE CITY OF SAN CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND BEING A PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST,
SAN BERNARDINO MERIDIAN IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO,
STATE OF CAUFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST MRLY CORNER OF LOT 494 OF MAP NO. 7950, ON FILE IN
THE OFFICE OF THE COUNTY RECORDER OF !%ID SAN DIEGO COUNTY, SAID POINT BEING ON
THE WESTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID MAP
NO. 7950; THENCE SOUTH 31 DEG.00'00" WEST 46.04 FEET; THENCE RADIALLY SOUTH 59
DEG.00'00" EAST 71.00 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID MAP
SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1520.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND
SAID BOUNDARY LINE THROUGH A CENTRAL ANGLE OF 9 DEG.19'02'', A DISTANCE OF 247.18
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A NON-TANGENT 700.00
FOOT RADIUS REVERSING CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS
NORM 73 DEG.26'32'' WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID 700.00 FOOT
RADIUS CURVE THROUGH A CENTRAL ANGLE OF 26 DEG.43'55" A DISTANCE OF 326.59 FEET;
THEN SOUTH 10 DEG.10'27" EAST 474.67 FEET TO A POINT ON A NON-TANGENT 2400.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY A RADIAL LINE OF WHICH BEARS SOUTH 10
DEG.10'27" EAST TO SAID POINT, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 15 DEG.24'49" A DISTANCE OF 645.64 FEET; TO A NON-
TANGENT 1170.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY A RADIAL LINE OF
WHICH BEARS 31 DEG.17'17" EAST TO SAID POINT, BEING ALSO A POINT IN THE BOUNDARY
OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED FEBRUARY 16, 1967 AS FILE NO. 21426; THENCE ALONG SAID BOUNDARY; SOUTHWESTERLY ALONG THE ARC OF
SAID 1170.00 CURVE THROUGH A CENTRAL ANGLE OF 6 DEG.14'41" A DISTANCE OF 127.52
FEET; SOUTH 25 DEG.02'36'' EAST 60.00 FEET; TO A POINT ON A NON-TANGENT 1230.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY, TO WHICH A RADIAL LINE BEARS SOUTH 25
DEG.02'36" EAST; AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
TANGENT 2400.00 RADIUS CURVE CONCAVE NORTHWE!3ERLY A RADIAL LINE OF WHICH
BEARS SOUTH 33 DEG.56'33" EAST TO SAID POINT; THENCE NORTHEASTERLY ALONG THE
ARC OF SAID 2400.00 RADIUS FOOT CURVE THROUGH A CENTRAL ANGLE OF 7 DEG.35'06" A
DISTANCE OF 317.72 FEET; THENCE SOUTH 41 DEG.31'39" EAST, 63.00 FEn; THENCE SOUTH
64 DEG.50'25" EAST 265.09 FEET; THENCE SOUTH 28 DEG.21'27" WEST 501.00 FEET; THENCE
SOUTH 31 DEG.16'32'' EAST 62.63 FEET; TO A POINT ON A NON-TANGENT 700.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE OF WHICH BEARS NORTH 31
DEG.16'32" WEST TO SAID POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 30 DEG.22'01" A DISTANCE OF 371.00 FEET; THENCE SOUTH
28 DEG.21'27" WEST, 470.00 FEET; TO THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 7 DEG.59'01'' A DISTANCE OF 139.34 FEET TO THE MOST
EASTERLY CORNER OF LAND DESCRIBED IN DEED TO MAG PROPERTIES, RECORDED JUNE 23,
CENTRAL ANGLE OF 22 DEG.45'14" A DISTANCE OF 488.47 FEET; TO A POINT ON A NON-
1983 As FILE NO. 83-212476 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHEASTERLY
Fint American TiHe
Order Number: DIV-675839 (20)
Page Number: 12
BOUNDARY THEREOF NORTH 53 DEG.39'32" WEST, 42.00 FEET; AND NORTH 43 DEG.50'00"
WEST 1685.42 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID MAP NO. 7950; THENCE
ALONG SAID SOUTHEASTERLY BOUNDARY NORTH 46 DEG.10'00" EAST 465.58 FEET; TO THE
BEGINNING OF A TANGENT 1520.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; AND
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05
DEG.50'58" A DISTANCE OF 155.18 FEET, TO THE TRUE POINT OF BEGINNING.
RESERVING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 66398-A OF GRANT DEED TO THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, RECORDED ON FEBRUARY 16,1967 AS DILE NO. 21426 OF OFFICIAL
RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL "A" OF CERTIFICATE
OF COMPLIANCE RECORDED ON DECEMBER 15,1989 AS FILE NO. 89-680019 OF OFFICIAL
RECORDS, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE
BEING NORTH 41 DEG. 28'22" WEST, 62.99 FEET AND SHOWN AS (NORTH 41 DEG. 31'39"
WEST, 63.00 FEET RECORD PER SAID PARCEL "A" SAID POINT ALSO BEING ON A NON-
TANGENT 2400.00 FOOT RADIOUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID
POINT BEARS NORTH 41 DEG. 32'41" WEST (NORTH 41 DEG. 31'39" WEST-RECORD PER SAID
PARCEL "A"); THENCE S0UTHWESTERLY;Y ALONG SAID CURVE AND THE NORTHERLY
BOUNDARY OF SAID PARCEL "A" THROUGH A CENTRAL ANGLE OF 07 DEG. 35'06" AN ARC
DISTANCE OF 317.72 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF -WAY OF SAID
PARCEL 66398-A, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; SAID POINT ALSO
BEING ON A NON-TANGENT 1230.00 FOOT RADIUS CONCAVE NORTHWESTERLY, A RADIAL
FROM SAID POINT BEARS NORTH 47 DEG. 50'32" WEST (NORTH 47 DEG. 47'05" WEST-
SAID PARCEL "A" AND THE SOUTHEASTERLY, WESTERLY AND NORTHWESTERLY RIGHT-OF-
WAY OF SAID PARCEL 66398-A, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 22 DEG. 45'10" AN ARC DISTANCE OF 488.45 FEET; THENCE NORTH 25 DEG. 03'40"
WEST 60.00 FEET TO A POINT ON A NON-TANGENT 1170.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 25 DEG. 05'27'' WEST; THENCE
NORTHEASTLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06 DEG. 19'31" AN ARC
DISTANCE OF 129.16 FEET TO A POINT ON A NON-TANGENT 2400.00 FOOT CURVE CONCAVE
NORTHWESTERLY, RADIAL FROM SAID POINT BEARS NORTH 25 DEG. 38'44" WEST (NORTH 25
DEG. 35'16" WEST-RECORD SAID PARCEL "A"); THENCE LEAVING SAID BOUNDARY LINES,
NORTHEASTERLY ALONG SAID CURVE, AND THE PROJECXION OF THE NORTHERLY BOUNDARY
OF SAID PARCEL"A", THROUGH A CENTRAL ANGLE OF 08 DEG. 18'51" AN ARC DISTANCE OF
348.26 FEET TO THE TRUE POINT OF BEGINNING.
RECORD); THENCE FOLLOWING THE COMMON BOUNDARY OF THE NORTHERLY BOUNDARY OF
PARCEL 2:
A PARCEL OF LAND BEING PORTIONS OF LOTS 4 AND 5 OF RANCHO LAS ENCINITAS PER MAP
NO. 848 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND
BEING PORTIONS OF SECTION 6, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO
MERIDIAN AND SECIION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO
MERIDIAN, ALL IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO THE OFFICIAL PLATS THEREOF.
BEGINNING AT THE MOST SOUTHERLY CORNER OF CARLSBAD TRACT NO. 72-20 AS SHOWN
ON MAP NO. 7950 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, SAID CORNER BEING A POINT ON THE ARC OF A NON-TANGENT 1230.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 51
Order Number: DIV-675839 (20)
Page Number: 13
DEG.54'08" WEST; THENCE CONTINUING ALONG THE SOUTHEASTERLY BOUNDARY LINE OF
SAID CARLSBAD TRACT NO. 72-20 THE FOLLOWING COURSES: NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14 DEG.34'46" A DISTANCE OF 312.99 FEET;
NORTH 38 DEG.50'03" EAST 31.80 FEET TO THE BEGINNING OF A TANGENT 1480.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE, NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 7 DEG.19'57" A DISTANCE OF 189.40 FEET; THENCE
NORTH 46 DEG. 10'00" EAST 1057.78 FEET; THENCE LEAVING SAID SOUTHEASTERLY
BOUNDARY LINE SOUTH 43 DEG.50'00" EAST 1685.42 FEET, THENCE, SOUTH 53 DEG.39'32"
EAST 42.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 1000 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 53 DEG.39'32"
EAST; THENCE, SOUTHWE!SI€RLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 18 DEG.39'32" A DISTANCE OF 325.66 FEET; THENCE, SOUTH 55 DEG.00'00" WEST
134.00 FEET TO A POINT ON THE CENTERLINE OF LA COSTA AVENUE AS SHOWN ON
RECORDER OF SAN DIEGO COUNTY; THENCE, CONTINUING ALONG SAID CENTERLINE THE
FOLLOWING COURSES: SOUTH 55 DEG.00'00'' WEST 267.00 FEET TO THE BEGINNING OF A
TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE, WESTERLY
THROUGH A CENTRAL ANGLE OF 73 DEG.50'03" A DISTANCE OF 1288.65 FEET; THENCE,
ALONG THE PROLONGATION OF SAID CENTERLINE NORTH 51 DEG.09'57" WEST 783.75 FEET
TO A POINT ON THE NORTHERLY RIGHT OF WAY OF RANCHO SANTA FE ROAD ACCORDING TO
THE ROAD SURVEY 454-A AS SHOWN ON SAID CARLSBAD TRACT NO. 72-20; THENCE,
NORTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY THE FOLLOWING COURSES:
NORTH 36 DEG.49'24" EAST 34.67 FEET TO THE BEGINNING OF A TANGENT 1230.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE, NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 1 DEG.16'28" A DISTANCE OF 27.36 FEET TO THE
POINT OF BEGINNING.
CARLSBAD TRACT NO. 75-9 (B), MAP NO. 9959 FILED IN THE OFFICE OF THE COUNTY
EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS,
NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCE DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM
THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE
PRESENT SURFACE OF THE PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME
FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERIY, OIL, WATER, OR
GAS WELLS, TUNNELS AND SHAITS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE
PROPERTY, AND TO BOllOM SUCH WHIPSTOCKED OR DIRECITONALLY DRILLED WELLS,
TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF,
AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN, AND OPERATE ANY WELLS
OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE, AND
OPERATE MROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
PROPERTY, AS RESERVED BY DAON CORPORATION IN DEED RECORDED JUNE 23,1983 AS FILE
NO. 83-212476 OF OFFICIAL RECORDS.
APN: 223-050-68 & 70 and 223-060-31 & 32
First American 7Z.e