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HomeMy WebLinkAboutCT 04-10A; CARLSBAD POINSETTIA LAND COMPANY LLC; 2010-0695938; Uncontrolled Stockpile Agreement/ReleaseRECORDED AT THE REQUEST OF CHICAGO TITLE COMWVNY SUBDIVISION DEPT.DOCtt 2010-0695938 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DEC 16, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 30.00 PAGES: 9667 Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. 215-020-23-00 PROJECT NO. & NAME: CT 04-10(A) Poinsettia Place AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this S>^ day of _, 1% , by and between Carlsbad Poinsettia Land Company a California limited liability company hereinafter referred to as "Developer" whose address is 219 Meadow Vista Way Encinitas, CA92024 and Carlsbad Poinsettia Land Company a California limited liability company hereinafter referred to as "Owner" whose address is 219 Meadow Vista Way Encinitas, CA 92024 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. 1 H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-10A Poinsettia Place - Bobbett\B & AVUNCONTROLLED STOCKPILE AGREEMENT(CT 04-10(A).doc 9668 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 (40.000) 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 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. 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 2 H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-10A Poinsettia Place - Bobbett\B & AMJNCONTROLLED STOCKPILE AGREEMENT(CT 04-10(A).doc 9669 the benefit of and be binding upon all successors in interest to Property. 4. This Agreement 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 CITY OF CARLSBAD, a Municipal Carlsbad Poinsettia Land Company, a Corporation of the State of California California limited liability company 'GLEN K. VAN PESKI, P.E. City Engineer DEVELOPER Carlsbad Poinsettia Land Company, a California limited liability company By: _ Title: By: _ Title: (Proper notarial acknowledge of execution by OWNER and DEVELOPER must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer 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 Deputy City Attorney 3 H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-1OA Poinsettia Place - Bobbett\B & A\UNCONTROLLED STOCKPILE AGREEMENTfCT 04-10(A).doc Exhibit "A" order No.: 930016845-U50 LEGAL DESCRIPTION 9670 THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN: 215-020-23 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) PageS 9671 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of on }JrV^i/ . D««"' personally appeared £ 1OFFICIAL SEAL A. O'LOUGHLIN ^ NOTARY PUBLIC-CALIFORNIA § COMM. NO. 1904837 " SAN DIEGO COUNTY • MY COMM. EXP. OCT. 12,2014 I who proved to me on the basis of satisfactory evidence to be the person{a| whose name(s} Is/are subscribed to the within instrument and acknowledged to me that he/s^/tb!^ executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature OPTIONAL tie information txtow is not inquired hy law, it may prow vs/uaWe to pwso?ss relying on She »nd cosjftt premnt fraudulent fstnova! anti (^attachment of 'Ms form to anoffie? Description of Attached JJoeurrwuit Title or Type erf Oocymsnt:._. Document Date: Signerts'i Other Than Named Above: Capacity(ies) Claimed by Slgrier(s) Signer's Name- ___ ______ _ ____ ...... _,„,„ individual Corporate Officer — Tti!e{sV. Partner ..... " Limited ~" G© Attorney m Fact ConservatorQuard'an . Other: Signer is Represenfing:, Numter o? Pages: Signer's Name: !J individual Ij Corporate Officer — Title{s): :'"': Partner —; j Limited ;i; General C: Attorney in Fact ".'.".; Trustee Guardian or Conservator [J Other: _ T (s Representing: .,„..,,_ 9672 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of <T"^ C On 1*11/'I iti I DWe personally appeared before me, s-\ U UUv^. v^Insert Na Name(s) of Signer(s) SHERRY A. FREISINCM | Commls$lon * 1727064 f | Notary Public - California f San Diego County 1 MyComm.Bqpln»Fet)26.aOH I who proved to me on the basis of satisfactory evidence to be the person(sf whose namejar) is/aj» subscribed to the within instrument and acknowledged to me that he/slxe/th/efy executed the same in his/h^r/the/r authorized capacity(ie^), and that by his/hqrr/their signature(ff) on the instrument the person($, or the entity upon behalf of which the person(sjf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myTiar Place Notary Seal Above Signature OPTIONAL Signature of Notary F Though the information below is not required by law, it may prove valuable to persons relying onl and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: nent Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)Item #5907