HomeMy WebLinkAboutCT 06-13; Tabata Family Trust and Isokazu Tabata Family Trus; 2013-0715007; Uncontrolled Stockpile Agreement/ReleaseDOCtt 20
Iiiii 3-0715007
IIIIIIIIIIIIHIII
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DEC 11, 2013 9:25 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Emest J. Dmnenburg, Jr., COUNTY RECORDER
FEES: 39.00
PAGES:
Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 212-050-32-00, 212-50-33-00
PROJECT NO. & NAME: CT 06-13
Tabata 10
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR
AN UNCONTROLLED STOCKPILE
THIS AGREEMENT is entered into this day of D^CAmW. 201??. by and
between
Lennar Homes of California, Inc.
a Corporation
hereinafter referred to as "Developer" whose address is
25 Enterprise, Suite 300
Aliso Viejo, CA 92656
and
Tabata Family Trust U.D.T. and Isokazu Tabata Family Trust U.D.T.
Family Trusts
hereinafter referred to as "Owner" whose address is
PO Box 943
Carlsbad, CA
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, Cartsbad, California 92008.
Q:\CED\LandDev\PROJECTS\CT\CT 06\CT 06-13 Tabata 10 - Levy\B and A\UNCONTRQLLED STOCKPILE AGREEMENT (DWG 472-78) doc1
RECITALS
WHEREAS, Owner is the owner of the real property descnbed 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 18,100 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 ofthe 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 Cartsbad and
any of its officers, agents or employees harmless from liability for injunes 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
Q:\CED\LandDev\PROJECTS\CT\CT 06\CT 06-13 Tabata 10 - Levy\B and A\UNC0NTR0LLED STOCKPILE AGREEMENT (DWG 472-7B).doc2
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
Tabata Family Trust U.D.T. and
Isokazu Tabata Family Trust U.D.T.
By: "^n^^olt^^/^^^^-^ ^H^^u^^f^
~C (Sign Here)
CITY OF CARLSBAD, a Municipal
Corporation of the State of California
Evelyn Tabata, Trustee
(Print Name Here)
By:
TLEN K. VAN PESKI,
City Engineer
(Sign Here)
Jerry Tabata, Trustee
By:
(Print Name-Here)
(Sign here)
Monaliza Quintero. Trustee
(Print Name Here)
DEVELOPER
_Lennar Homes of palifornia, Inc^
By:
Here)
i^^jce President
By:
(Print Name Here)
f (Sign Here)
Melanie Houk, Assistant Secretary
(Print Name Here)
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By:
RON KEMP
Assistant City Attorney
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of ^ r\
On 1 2./3// -3 before me, Cc^^rU^ F^nna/\ci^Z , /^ohl^Y PulfltC.
(Here insert name and titl/of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s') whose name(s) is/ate subscribed to
the within instrument and acknowledged to me that he/she/tbey executed the same in his/her/thek authorized
capacity(ifis), and that by his/hef/their signature(*) on the instrument the person(^, or the entity upon behalf of
which the person(^ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature ofNotary Public
My Comm. Expires Oct 80.201< I «''^rv^*<«*'V><i*'v*«>iiii^«^pi<v<v^^
CECELIA FERNANDEZ
Commission # 1996355
Notary Public • CHHomit
San Diago County
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
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(Title)
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• Other
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Any acknowledgment completed in California must contain verbiage exactly as
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of; }
On A^4r)hir :i3radiJ before me, C/UiifC+lud. ^wSfcVg#^5- AJ^i7rr\j Ahh^
^"^ bate ~~ I Here Insert Name and TWe bf the OtBoer /
personally appeared ^\reh//{ T^ciz^^k i^y7y/ J^/y y^haoh^
7 Narne(s) of Stgner(s)r
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) i^are subscribed to the
within instrument and acknowledged to me that
l^^i^lQ^/they executed the same in hj^i^/their authorized
capacity(ies), and that by filiD'hfeiftheir signature(s) 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 laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature
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Description of Attached Document
Title or Type of Document: .
Document Date: Number of Pages:
Signer{s) Other Than Named Above:
Capacity(ies) Claimed by Slgner(s)
Signer's Name:
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Signer Is Representing: -
RIGHTTHUMBPRINT
OF SIGNER
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Signer's Name:
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• Corporate Officer — Tit|e(s): __
• Partner — • Limited • General
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• Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OFSIGNER
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STATE OF CALIFORNIA
COUNTY OF ORANGE
SS.
On November 5, 2013, before me M. Sue Rudolph, Notary Public, personally appeared John Baayoun
and Melanie Houk, who proved to me on the basis of satisfactory evidence, to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature (SEAL)
^ M. SUE RUDOLPH
Commission # 2003854 C
Notary Public - California 1
Orange County g
IVly Comm. Expires Feb 9. 2017 C
State of Califomia
County of ^(Li\bH,^0
On lo ^1 hi. before me. Notary Public,
personally appeared ^\/\J|/]^. Si\lUY\\tl^O) -f'tlLL^^ , who proved to me on
the basis of satisfactory evidence to be the persoiii^ whose name^ is/arc-subscribed to the
within instrument and acknowledged to me that he/she/the]rexecuted the same in Ws/her/their
authorized capacity'Jfes.), and that by Msj^ier/^ieir signaturefs^on the instrument the person!^,
or the entity upon behalf of which the person'f^acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is tme and correct.
WITNESS my hand and official seal. Mi
Signature (Seal)
SARAH L.KRRMM
Commission # 1885274
Notary Public - Catifomia
San Diego County san uiego woumy s
MyComm.ExpiftaApa.2Q14|
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City ofCarlsbad, County of San Diego, State ofCalifornia, described as follows:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 2481, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21,
1974 AS INSTRUMENT NO. 74-071006 OF OFFICIAL RECORDS.
PARCEL B:
PARCEL 1 OF PARCEL MAP NO. 2481, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, AS SHOWN ON PAGE 2481 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 21,1974 AS INSTRUMENT NO. 74-071006 OF OFFICIAL
RECORDS.
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT
TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS;
Name of the Notary: dl/p^^
Commission Number: I^HQ (^^9 Date Commission Expires: ^y 7- / i
County Where Bond is Filed:
Manufacturer or Vendor Number: ~|-
(Located on both sides ofthe notary seal border)
Signature: Citv of Carlsbad
Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: /<^-6> v ^
Rec. Form #R10 (Rev.7/96)