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Home My WebLink AboutCT 83-19; Calavera Hills II LLC; 2000-0619820; Uncontrolled Stockpile Agreement/Release. c - ’ *, ’ .1llll lll&il!!,~lllllllll II RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 2718 DOC - ~~~~-#~l?~~@ .- NCJU 15:. 2000 l3:33 nwli OFFICIAL REcORDs SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY tiEiiITHg ~T~~~~~ . . . Space above this line for Recorder’s use. ASSESSOR’S PARCEL NOS. 168-292-01,02,03,04 & 05 PROJECT NO. & NAME: CT 83-19 Calavera Hills Village ‘T’ AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this B&/I day of &?prEr-rBZc , 20&, by and between Calavera Hills II LLC, a California limited liability company, hereinafter referred to as “Developer” whose address is 2727 Hoover Avenue, National City, CA 91950 and Brookfield Sheffield, Inc., a California corporation, hereinafter referred to as “Owner” whose address is 12865 Point Del Mar, #200, Del Mar, CA 92014 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. 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 9,200 cubic yards of grading or fill material on Owner’s Property which is acknowledged to be designated as an uncontrolled stockpile; and ill ill MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 ’ . 2719 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 the benefit of and be binding upon all successors in interest to Property. Ill MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. Z/04/97 2 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 BROOKFIELD SHEFFIELD Inc., a California corporation CITY OF CARLSBAD, a Municipal Corporation of the State of California By;;By: ; (print name aid title) By: c ,.*-- % -A \ CJ \ Elizabeth Zepeda, Secretary (print name and title) DEVELOPER CALAVERA HILLS II LLC, a California Limited liability company By: McMillin Companies, LLC, a Delaware limited liability company, its Manager a\/: &L .d 3J2L 7%+/+4AI A. F/LLW Title: Vice-President XTLE: s &lior v- f. (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: I MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 204197 2721 OCTOBER 17, 2000 981020-3 PAGE 1 OF 1 EXHIBIT "A" LOTS 164 THROUGH 167, INCLUSIVE, IN CARLSBAD TRACT 83-19 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12951 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 1992. TOGETHER WITH THAT REAL PROPERTY DESCRIBED IN THE CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 20, 2000 AS FILE NO. 2000-0503707 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT REAL PROPERTY DESCRIBED IN THE GRANT DEED OF EASEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 31, 2000 AS FILE NO. 2000-0402899 OF OFFICIAL RECORDS. W:\MSOFFICE\WINWORD\981020\LEGAL.doc STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO 1 On g/8/00 before me, Dawn B. Mendoza. Notary Public personally appeared _ Don Mitchell and Thomas A. Fuller personally known to me 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. WITNESS my hand and ofticial seal. Signature bLihw@w , COMM.# 1125049 NOTARY PUBLiCCALlFORNlA This area for official notarial seal Title of Document Stockpile Aareement - Villase ‘7” CT 83-l 9 APN 168-292-01 thru 05 Date of Document No. of Pages Other signatures not acknowledged Notary Form-2 McMillin Companies , , P CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT I 1 State of WC h77uL County of f&u? m&y I ” w On IOl~lUO before me, I I DATE _ NAME. TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC personally appeared A NmE(.s) OF &GNER(S) I-@ , personally known to me - OR - 0 proved to me on the basis of satisfactory evidence \ to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized I capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 2723 NESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE Off ICER TITLE OR TYPE OF DOCUMENT q PARTNER(S) q LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES c] TRUSTEE(S) ; ~;U;IAN/CONSERVATOR DATE OF DOCUMENT I SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENllW(IES) SIGNER(S) OTHER THAN NAMED ABOVE