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
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', 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