HomeMy WebLinkAboutCT 94-09; Carlsbad Ranch Company LP; 1996-0463216; Uncontrolled Stockpile Agreement/Release..
I RECORDING REQUESTED BY
AND WEN RECORDED MIL UTY BATIO.WBL TITEE
TO :
City Clerk
CITY OF CARLSBAD
Carlsbad, CA 92008
1200 Carlsbad village Dr.
OFFICIKL RECCRPS SAY DIEGO COUNTY RECORDER'S OFFICE
RF: 9.00 FEES: 19.0 211 GREGORY SBITH, COUNTY RECORDER
Ri : 9.00
I ilF : 1.00
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211-023-09
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THIS AGREEMENT is entered into this IO* day of-~M ,
19 qcr , by and between Carlsbad Ranch Company, L.P., a'california
Limited Partnership, hereinafter referred to as lWwner/Developertl
whose address is 5600 Avenida Encinas, Suite 100, Carlsbad,
11 California, 92008,
AND
the CITY OF CAR=%, a municipal corporation ' , ., ,* of the State of
California, hereinafter &%erred to as i8ClTY,t1 'whose address is
1200 Carlsbad Village Rrfve, Carlsbad, California 92008.
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WHEREAS, Owner is the owner of the real property described on
Exhibit 18A", 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 Material cubic yards
on Owners property (Exhibit A); and
WHEREAS, Owner acknowledges that as an uncontrolled stockpile
on the site is not eligible for a building permit unless special
AGREEMENT/AG-30.FRII -1- Rev. 9/7/95
- - 212
soils analysis and foundation design are submitted and approved;
and
WHEREAS, the Owner desires to continue to use the land for
agricultural purposes; 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 , ., ,.
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WHEREAS, the. ,ediixj. j6x s't"ockpik%g e be constructed in ., ,
accordance with plans. apsolFbU: !,kh+City En@n&. ..
NOW, THEREFW, in' considbration of. the recitals and the
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covenants contained herein, the parties agree6 as follows:
1. Developer and Owner promi,se to assuie the defense of,
pay all expenses of defense, and indemnify and hold hdk-mless the
City of Carlsbad, and its officers, agents, and employees, from
all claims, loss, damage, injury and liability 6f eveiy kind for
injuries to persons, or property, direcCly or indirectly resulting
from the subject matter of this agreement, including, but not
limited to, diversicjn:'of.waters, blockage: or altration of the
normal flow of surface wate&' or drainage; encroachment of any
stockpile on neigMoring gr&erty; or by any action or grading
operation used in placing 'or rekovirii the uncontrolled stockpile.
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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 the land involved.
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AGREEMENTIAG-30.FRM Rev. 9/7/95 -2-
- 213
I 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 San Diego
County, California as of the date first written.
OWNER/DEVELOPER: CITY OF CARLSBAD, a municipal corporation of the State of Carlsbad Ranch Company, L.P;, California a California Limited Partnership
By: Carltas Company, a' California cimi:$bd Partnership; General : ATTE~T; Partner
By:
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Upon Approval of:." 'the City Council on August 13; 1996
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must sign for co orations. Ip only .o e off cer signs, the (President or vice-presigent and secretary or ass stant .secretary
corporation must agach a resolution certaf?ed by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
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-3 - Rev. 9/7/95
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' . %ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 214
hersonally known to me - 1
whose name@j@swbscribed to the within instrument
to be the personw
and acknowledged to me thatez executed the
same in &@"en authorized capacity@), and that by @he&teir signature(@ on the instrument the person(&
or the entity upon behalf of which the person(@ acted,
executed the instrument.
WITNESS my hapd andargicial seal.
OPhONd Y
Though the information below is not required by law, it may prove valuable to persons relying on the document and couidprevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
ntle or Type of Document: &&%?m?ah- Bl2- L(/vcA/\I sm.lCptL&-
Document Date: ,I 111 '/ /o. / q9 b Number of Pages: 3 PLUS
Signer(s) Other Than Named Above: p/v mAlfd&%#L, ALETm L I @uzi KRAN z,
Capacity(ies) Claimed by Signer(s) f(orJ.4w R. /54u,
0 Individual
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact I
signer's Name:
0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General
Title(s):
0 Attornev-in-Fact
0 Trustee
0 Guardian or Conservator
El Other:
0 Trustee-
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Cha-5 &An RIwC.H c 0.
1984 Nallonai Notary Asmiation * 8238 Rernmet Avve., P.O. Box 7184 - Canoga Pah, CA 91309-7184 Prod. NO. 5907 Reorder: CallToii-Fmee 1-800-876AX27
Signer Is Representing:
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EXHIBIT “A
PARCEL “B” OF THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED ON OCTOBER 24, 1995, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, AS
DOCUMENT NO. 1995-0479822.