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HomeMy WebLinkAboutCT 90-03; Shelley, Daniel; 1996-0029808; Uncontrolled Stockpile Agreement/ReleaseRECORDING REWESTED BY AND YHEN RECDRDED lull TO: City Clerk 1200 Carlsbed Vilhge Dr. CITY OF CARLSEAD Cerlsbad, CA 92008 {' ,r ', 1836 IUNTY RECORDER'S OFFICE WNTY RECORDER FEES: 0.00 SPbCB ABOVE TEIS LINE FOR RECORDER'S US1 ASSESSOR'S PARCEL NO. 264-010-11 PROJECT NO. & WE: CT 90-03, CW ACERVO STOCKPILE AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE CT 90-03 THIS AGREEMENT is entered into this 12th 1996 day of- JANUARY , &€&#$ by and between DANIEL T. SHELLEY, hereinaftel referred to as laDeveloper's whose address is 905 Olive Crest Drive, Encinitas, California 92024 AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY,Is whose address is 120C Carlsbad Village Drive, Carlsbad, California 92008. RECITALS WHEREAS, Developer is the owner of the real property describec on Exhibit I*A", attached to and made a part of this agreement, anc hereinafter referred to as 91Propertys1: and WHEREAS, the property lies within the boundaries of City: and WHEREAS, Developer wishes to stockpile 49,000 cubic yards or Owners property (Exhibit A): and AGREOEYT/AG-Y).FR* -1 - 4 Rev. 9/7/95 18Y WHEREAS, Owner acknowledges that as an uncontrolled stockpile the site is not eligible for a building permit unless special soil: analysis and foundation design are submitted and approved; and WHEREAS, Developer acknowledges that the grading shall be don6 and maintained in a safe and sanitary manner at the sole cost, risl and responsibility of Developer or his successors in interest; anc WHEREAS, the grading or stockpfling, shall be constructed ir accordance with plans approved by the City Engineer. NOW, THEREFORE, in consideration of the recitals and thc covenants contained herein, the parties agrees as follows: 1. Developer and Owner promise to indemnify and to hold the City of Carlsbad and any of its agencies or employees harmless fron 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 surfaod waters 01 drainage; or by the encroachment of any stockpile on neighborins property; or by any action or grading operation used in placing 01 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. -2- Rev. 9/7/95 3. This notice shall remain in effect until a release of this agreement if filed by the City Engineer. IN WITNESS WHEREOF, this agreement is executed in County, California as of the date first written. OWNER/DEVELOPER: " CITY OF CARLSBAD, DANIEL T. SHELLEY, a married a Municipal Corporat state of.california San Diegc .ion of the ma his sole and separate ATTEST: ALETHA L. RAUTENKRZLNZ City Clerk Upon Approval of the City Council on January 9, 1996 (Proper notarial acknowledge of execution by OWNER and DEVELOPEX must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the assistant secretary under corporate seal empowering that officer tc corporation must attach a resolution certified by the secretary or bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City p5syrney By : City Attorney /-I& 96 -3- Rev. 9/7/95 CALIFORNIA ALL-PURP( E ACKNOWLEDGMENT - -:899 State of &L For n is County of 5x0 nbq On &&,Juwr '1: 1995 before me, Ti; L9&nfX: Ahkll-y PdblllC ' OA- NU€. TInE OF OmcfR. LG. 'mE WE mutv wBUC personally appeared band -% 1 ShellcY NJ*HSI Of M.N€RISI personally known to me - OR - 6oved 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- knowledqed to me that helshelthev executed the same in hislherltheir a'uthorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL fraudulent reamchment of this form. Though the data below is not required by law. it may pmve valuable to pefsons relying on me document and could prevent CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT dNDiVIoUAL CORPORATE OFFICER LhmtrollQc 1 %&;le A_srem& rmEln . TlTLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED 0 GENERAL a AlTORNCI-(N-FACT NUMBER OF PAGES a GUARDIANCONSERVATOR 0 TRUSTEE(S) Cl omm DATE OF DOCUMENT SIGNER IS REPRE!5EHFING Ny4Q~s?Qlarmymsl SIGNER(S) OTHER THAN NAMED ABOVE a Order NO' 1168932 50 - 190a DESCRIPTION EXHlBlTA PARCEL A- 1 : THAT PORTION OF LOTS 13 AND 14 OF THE SUBDIVISON OF THE RANCHO LAS ENCINITAS, MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 87O 11' 20" EAST 661.65 FEET TO AN ANGLE POINT IN THE NORTHERLY AND EASTERLY BOUNDARY OF THE LAM) DESCRIBED IN DEED TO FRITZ WIEGAND AND WIFE, RECORDED APRIL 23, 1929 IN BOOK 1620, PAGE 213 OF DEEDS; RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY, SOUTH 3O 14' 40" EAST -RECORD SOUTH 4O 06' EAST- 660.06 FEET AND NORTH 87' 07' 20" EAST 651.54 FEET, MORE OR LESS, -RECORD NORTH 86' 16' EAST 661.64 FEET- TO THE EASTERLY LINE OF THE WESTERLY HALF OF SAID LOT 14; THENCE ALONG SAID EASTERLY LINE, CONTINUING SOUTH 30 08' 17" gAST 1121.45 FEET TO THE NORTHERLY LINE OF THE SOUTH 3O 08' 17" EAST 800 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY 60 FEET OF SAID LOT 14; THENCE ALONG SAID NORTHERLY LINE, SOUTH 86O 51' 37" WEST 1060.89 FEET TO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS ROAD SURVEY NO. 454-A AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED DECEMBER 19, 1930 IN BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH 54O 49' 23" WES'T -RECORD NORTH 54O 57' WEST- 527.74 FEET TO THE BEGINNING OF A TANGENT 1000 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE 313 FEET THROUGH AN ANGLE OF 17O 56'; THENCE TANGENT TO SAID CURVE NORTH 36" 53' 23" WEST -RECORD NORTH 37' 01' WEST- 691.21 BEGINNING; THENCE NORTH 87O 07' 20" EAST 2070.48 FEET TO THE TRUE POINT OF FEET TO A LINE WHICH BEARS SOUTH 87' 07' 20" WEST FROM THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS OF LOTS 13 AND 14 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 1898, AND BEING ALSO MORE PARTICULARLY DESCRIBED AS FOLLOWS: SITUATED IN THE CITY OF WSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEGINNING AS A POINT OF REFERENCE, AT THE SOUTHWEST CORNER OF SAID LOT 14 AS THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 18, 1985; THENCE ALONG THE FOUND MONWAENTED BY RECORD OF SURVEY (R.O.S.) NO. 10023, FILED IN THE OFFICE OF SOUTH LINE OF SAID LOT 14, N 87O 18' 48" EAST A DISTANCE OF 340.60 FEET TO THE CENTER LINE OF RANCHO SANTA FE ROAD, ALSO KNOWN AS ROAD SURVEY NO. 454-A; THENCE ALONG THE CENTERLINE OF SAID RANCHO SANTA FE ROAD, NORTH 540 22' 30" WEST A DISTANCE OF 96.83 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG THE CENTER LINE OF SAID RANCHO SANTA FE ROAD, NORTH 540 22' 30" WEST A DISTANCE OF 368.35 FEET MAN ANGLE POINT, BEING ALSO THE CENTER LINE INTERESECTION WITH AVENIDA LA POSTA AS MONOMXNTED ACCORDING TO TRACT MAP NO. 3897-1 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 6, 1983; 1 THENCE ALONG THE PROPOSED CENTER LINE OF CALLE ACERVO THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1. NORTH 350 37' 30" EAST A DISTANCE OF 450.00 FEET TO THE BEGINNING OF A TANGENT 650.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; 2. THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 57O 09' 52". A DISTANCE OF 648.51 FEET. THENCE, LEAVING SAID CENTER LINE, SOUTH 02O 41' 12" EAST, A DISTANCE OF 433.52 FEET; THENCE SOUTH 52O 16' 17" WEST, A DISTANCE OF 94.05 FEET; THENCE SOUTH 02O 41' 12" EAST, A DISTANCE OF 338.00 FEET TO A POINT IN THE NORTHERLY LINE OF THE SOUTHERLY 60 FEET OF SAID LOT 14; THENCE SOUTH 87O 18' 48" WEST A DISTANCE OF 485.00 FEET ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING. THE BASIS OF BEARINGS OF THIS DESCRIPTION IS THE SOUTH LINE OF SAID LOT 14 AS SHOWN ON SAID RECORD OF SURVEY NO. 10023, I.E. NORTH 87O 18' 48" EAST. PARCEL A-2: THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAIIFORNIA, ACCORDING TO THAT PORTION OF LOTS 13 AND 14 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 87O 11' 20" EAST 661.65 FEET TO AN ANGLE POINT IN THE NORTHERLY AND EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO FRITZ WIEGAND AND WIFE, RECORDED APRIL 23, 1929 IN BOOK 1620, PAGE 213 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOONDARY, SOUTH 3O 14' 40' POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY, NORTH 87O 07' 20" EAST 651.54 LINE OF THE WESTERLY HALF OF SAID LOT 14; THENCE ALONG SAID WTERLY LINE, SOUTH 3' 08' 17" EAST 800 FEET; THENCE SOUTH 87O 07' 20" WEST 2070.48 FEET TO THE CENTER LINE OF THE COUNTY ROAD, KNOWN AS ROAD SURVEY NO. 454-A, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED DECEMBER 19, 1930, IN EAST -RECORD SOUTH 4O 06' EAST- 660.60 FEET TO AN ANGLE POINT BEING THE TRUE FEET, MORE OR LESS, -RECORD NORTH 86O 16' EAST 661.64 FEET- TO THE EASTERLY BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTER LINE NORTH 36O 53' 23" WEST -RECORD NORTH 37' 01' WEST- 559.36 FEET TO THE NORTHWESTERLY ALONG SAID CURVE, 291.91 FEET THROUGH AN ANGLE OF 16O 43' 30"; BEGINNING OF A TANGENT 1000 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE THENCE TANGENT TO SAID CURVE, NORTH 200 09' 53" WEST -RECORD NORTH 200 17' 30" WEST- 77.57 FEET TO A LINE WHICH BEARS SOUTH 87O 07' 20" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 870 07' 20" EAST 1877.16 FEET TO THE TRUE POINT OF BEGINNING. 2 Oraer No: 1168932 50 - DESCRIPTION - -. EXHIBIT A 1902 L PARCEL A-3 : THAT PORTION OF LOTS 13 AND 14 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN MA!? THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY LI'NE OF SAID LOT, NORTH 87O 11' 20" WT 661.65 FEET TO AN ANGLE POINT IN THE NORTHERLY AND EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 3" 14' 40" FRITZ WIEGAND AND WIFE, RECORDED APRIL 23, 1929 IN BOOK 1620, PAGE 213 OF EAST, -RECORD SOUTH 40 06' EAST- 660.06 FEET; THENCE SOUTH 87O 07' 20" WEST 1877.16 FEET TO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS ROAD SURVEY NO. 454-A, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED DECEMBER 19, 1930 IN BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTER LINE, NORTH 20' 09' 53" WEST -RECORD NORTH 20° 17' 30" WEST- 690.46 FEET TO THE NORTHERLY LINE OF SAID LOT 13; THENCE ALONG SAID NORTHERLY LINE, NORTH 87O 03' 30" EAST, 1416.46 FEET TO THE POINT OF BEGINNING. PARCEL A-4 : AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER AND ACROSS THAT PORTION OF THE SOUTHERLY 60 FEET OF THE WESTERLY HALF OF LOT 14 OF RANCHO LAS ENCINTIAS, WHICH LIES EAST OF THE CENTER LINE OF THE COUNTY ROAD KNOWN AS ROAD SURVEY NO. 3