Loading...
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 Q:\CED\LandDev\PROJECTS\CT\CT 06\CT 06-13 Tabata 10 - Levy\B and AVUNCONTROLLED STOCKPILE AGREEMENT (DWG 472-7B).doc3 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) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com 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 OPTIONAL - Though the inforrhation beiow 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 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: • Individual • Corporate Officer —Title(s): _ • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: - RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Iridividual • Corporate Officer — Tit|e(s): __ • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thuhib here O2007 National Notary Association* 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402* www.NatohalNotary.org Item #5907 Reorder Call Toll-Ftee 1-800-876-6827 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)