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HomeMy WebLinkAboutCT 87-03; Carltas Development Company; 88-222132; Uncontrolled Stockpile Agreement/Release. 3. * i’ bi , * ,RECORDING WHEN RECORDED +Y ANI)),r 2304 ) Qty Clerk city of Carlsbad 1206" Elm Avenue 'Carlsbad, California 92008) Space above this . . Documentary trans : ,. I: i';t'tcj .'.j ;:;-; L,,,,,; . L es. c +;-8 : f _ 1, ,*$ .i Signature of decl firm name City of Carlsbad RF -7 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. , ,- . . 4~ 2308 . 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.