HomeMy WebLinkAboutCT 87-03; Carltas Development Company; 88-222132; Uncontrolled Stockpile Agreement/Release. 3.
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,RECORDING
WHEN RECORDED
+Y ANI)),r 2304
) Qty Clerk city of Carlsbad
1206" Elm Avenue
'Carlsbad, California 92008)
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Signature of decl
firm name
City of Carlsbad
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Parcel No. 211-021-l?, 21 ,
AR6 4
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAn FOR
AP UNCQNTROLLED STOCKPILE -..
THIS AGREEMENT is entered into this k= day of
19&, by and between
CARLTAS DEVELOPMENT C0MPAN.Y
'(Name of Developer)
,
a A CALIFORNIA CORPORATION ,
(Corporation, partnership, etc.)
hereinafter referred to as "Developer" whose address is
4403 .Maaclh3ste~ Aoeniid
(Street)
Encinitas, California 92024
(City, state, zip code)
,
and CARLTAS COMPANY
(Name of Legal Owner)
,
A CALIFORNIA LIMITED PARTNERSHIP
(Corporation, etc.)
hereinafter referred to as "Owner" whose address is
4401 Manchester Avenue
(Street)
,
Encinitas, California 92024
(City, state, zip code)
,
I . . .- d
. . ,
v 2305
. AND
the CITY OF CARLSBAD, a municipal corporation of the State of
California, hereinafter referred to as “CITY,” whose address is
1200 Elm Avenue, 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 176,000 cubic
yards on Owners property (Exhibit A); and (2 f ?7--g
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; and
WHEREAS, Developer acknowledges that the grading shall be done
and maintained in a safe and sanitary manner at the sole cost, risk
and responsibility of Developer or his successors in interest; and
WHEREAS, the grading or stockpiling shall be constructed in
accordance with plans approved by the City Engineer.
NOW, THEREFORE, in consideration o f the recitals and the cove-
nants contained herein, the parties agree as follows:
1. Developer and Owner promise to indemnify and to hold the
City of Carlsbad and any of its agencies 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
2.
STATE OF CALIFORNIA } ss. COUNTY OF San Diego 1
On March 28, 1988 before me, the undersigned, a Notary Public in and for said Staie, personally appeared IstoDher C. Calkins
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as General partner(s), on behalf of OrIt-, a ufornia Limited Partnership, the partnership therein named and acknowledged to me that the partnership executed it. . . '. I,','
WITNESS my hand and official seal.
Signature&M% e'
STATE OF CALIFORNIA ; 88. COUNTY OF 1
On this 28th day of March in the year 1988 , before me the undersigned, a Notary Public in and for said State, personally appeared chri SW personally known to me (or proved to me on the basis 0; satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Signature irrj-cl~& ~'JX&&@ s JOYCE E. MIZOCK
.\ . L. -
=y 2307
, watere 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.
2. This agreement shall be approved by the City Council and
recorded by the City Clerk in the Office of the County Recorder as
an obligation upon land involved.
3. This notice 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: DEVELOPER:
Tit& Manager
t ,
Limited Partnership
ATTEST:
City Clerk
BY ////////////////I//////
Title /I//////////////////////
CITY OF CARLSBAD, a municipal
corporation of the State of
City Attorney V (Notarial acknowledgement of execution by DEVELOPER and OWNER must
be attached.)
.
3. ,
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. EXHIBIT “A”
LEGAL DESCRIPTION
A portion of Lot "H" of Ranch0 Agua Hedionda, in the City of Carlsbad County of
San Diego, State of California, according to map thereof No. 823, filed in the
office of the County Recorder of San Diego County, November 16, 1896. Being a
portion of document recorded December 18, 1986 as file page 86-597265.