Loading...
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 I 211-023-09 ,, ., 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. ,, ,, , ,, , .. 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 , ., ,. ,. , ,, 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 ., ., ,. 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. ,, ', . ,, 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. /// /// /// /// 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: . ,' Upon Approval of:." 'the City Council on August 13; 1996 .. 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.) l -3 - Rev. 9/7/95 .. , . - - ' . %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: I I 215 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.