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HomeMy WebLinkAboutPD 10-01; SUDBERRY DEVELOPMENT INC; 2011-0014666; Uncontrolled Stockpile Agreement/ReleaseJAN 07, 2011 2:35 PM Nf* RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: o.OO PAGES: II INI II III I II II II II II II II II II II Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. Portion of 21 3-020-1 8-00 PROJECT NO. & NAME: PD 10-01, Palomar Airport Commons Stockpile AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this *L\ - day of Dtt^r/HO&r. 4-9 . bv and between Sudberry Development Inc. a Corporation incorporated in the State of California. hereinafter referred to as "Developer" whose address is 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 and County of San Diego, Department of Public Works, Airports a Municipal entity hereinafter referred to as 1960 Joe Crosson Drive El Cajon, CA 92020 'Owner" whose address is And the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY", whose address is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 1 H:\D«velopmenl Semces\PROJECTS\PD FILES\PD 10\PD 10-01 Palomar Airport Commons Stockpile - BobbeltVB & AVJNCONTROLLED STOCKPILE AGREEMENT(DWG 468-5A).doc 8 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 (160.702) cubic yards of grading or fill material on Owner's Property which is acknowledged to be designated as an uncontrolled stockpile; and 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 or the site is subsequently graded pursuant to a valid Grading Permit issued pursuant to Chapter 15.16 of the Carlsbad Municipal Code; and WHEREAS, the grading or stockpiling work shall be done in accordance with grading plans and specifications approved by the City Engineer; and, WHEREAS, Developer acknowledges that the uncontrolled stockpile shall be maintained in a safe and sanitary manner at the sole cost, risk and responsibility of Developer or Developer's successors in interest. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The recitals in this Agreement are hereby incorporated into the terms of this agreement. 2. Developer and Owner agree to indemnify and to hold the City of Carlsbad and any of its officers, agents 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 waters 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 H:\Devetopmenl Services\PROJECTS\PD FILES\PD 10\PD 10-01 Palomar Airport Commons Stockpile - BobbelftS & AMINCONTROLLED STOCKPILE AGREEMENTfDWG 468-5A).doc 3. This agreement may be approved by the City Engineer and shall be recorded by the City Clerk in the Office of the County Recorder as an obligation upon the Property inuring to the benefit of and be binding upon all successors in interest to Property. 4. This Agreement 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 County Works, of Diego, Department of Public CITY OF CARLSBAD, a Municipal Corporation of the State of California A'trporVs DEVELOPER K. VAN PESKL RE. City Engineer Sudberry Development, Inc., a Corporation e of California Title: (Proper notarial acknowledge of execution by OWNER and DEVELOPER must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney H:VDevalopmenl Services\PROJECTS\PD FILES\PO 10\PO 10-01 Palomar Airport Commons Stockpile - BobbethB & A\UNCONTROLLEO STOCKPILE AGREEMENT(DWG 468-5A).doc STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss On December 3, 2010, before me Anne T. Paul, Deputy County Clerk in and for said County and State, personally appeared Peter Drinkwater, Director of Airports, Department of Public Works, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (seal)WITNESS my hand and official seal. DAVID L. BUTLER, Assessor/Recorder/County Clerk By: Anne T. Paul - Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Hwi IriseFt Name afad Title ol fa Dlftcer State of California County of On S. RYKOWSKI Commission #1866766 Notary Public - California San Diego County My Comm. E Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name<s) is/are subscribed to the within instrument and acknowledged to me that Ne/she/they executed the same in hiafcer/their authorized capacity(ies), and that by hia/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Signature. OPTIONAL Though tfie information below w .not required by law. it may prove valuatpito persons relying on 'the document and could prevent fraudulent removal and reattachment of tfws form K>-another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capacrty(ies) Claimed by Signers) Signer's Name: D Individual -Trtle(s):D Corporate Officer D Partner — D Limited D General C Attorney in Fact D Trustee D Guardian or Conservator D Other. Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Trtle(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator O Other: Signer Is Representing:. C2007N«1ion«INOiayA3soeia«on.9aSODeSolD*y«..P.O.Bar2<O2«ai«l»«rth.CA 91 31 3-8*02 Itwn «S9O7 R»e»O«rCainb**«« 1-80&J7S-6BZ7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On T'g-*Vo _Date personally appeared before me,^ L_'"^Ov^Lb"V Here Insert Name (and Title ol tte Officer feC, V/-"-M ArS Vc_ f Name(s) of Signetts) TERIE I. ROWLEY Commission # 1773534 Notary Public • California San Diego County ^Comrn.B<y«OctU who proved to me on the basis of satisfactory evidence to be the person^) whose nametetf is/aj^ subscribed to the within instrument and acknowledged to me that he/s>^he/ executed the same in his/heifthefr authorized capactyfleS), and that by his/r^r/lne^ signafure(0 on the instrument the personte), or the entity upon behalf of which the person^Xafcted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the .State of California that the foregoing paragraph is true and correct. Place Notary Seal Abowt WITNESS my hand and official seal. Signature. OPTIONAL A.^-~-X»^_x1/ in a Notary Public/1Signature a) Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: i . Document Date: '<3 1^' ) Signer(s) Other Than Named Above: Number of Pages: ^ r \ Capacity(ies) Claimed by Signers) Signer's Name: __ D Individual O Corporate Officer — Title(s): _ D Partner — D Limited D General C Attorney in Fact D Trustee D Guardian or Conservator D Other: __ RIGHT THUL1BPRINT OF SIGNER Top of thumb here- Signer Is Representing: Signer's Name: O Individual D Corporate Officer — TrHe(s): D Partner—O Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT TMUI.lBPRirjT OF SIGNER Top ol thumb hare CZOOr Nafcooal Notary As«xaatioo-93SOD»S<«oA»«..P.O.ec«2*OZ-(a«t>woi*.CA 91313-2406•«~«(.Na1ion«INolar|MiB tt»m «SS07 R«J>a«rC»dTo»-ft»«1-8<»*7'S-682T EXHIBIT "A" Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: THAT PORTION OF PALOMAR AIRPORT IN LOT G OF THE RANCHO 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, DESCRIBED AS FOLLOWS: BEGINNING AT POINT 3 OF SAID LOT G AS SHOWN ON SAID MAP; THENCE SOUTH 07° 34' 10" WEST ALONG THE EASTERLY BOUNDARY OF SAID LOT, 351.95 FEET TO THE MOST EASTERLY CORNER OF RECORD OF SURVEY MAP NO. 6493, ON FILE IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE NORTHERLY LINE OF SAID MAP NO. 6493, SOUTH 79° 07' 43" WEST, 145.23 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 1800-1, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY, SAID INTERSECTION BEING ALSO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID MAP NO. 6493, BEING THE SOUTHERLY BOUNDARY LINE OF SAID PALOMAR AIRPORT, SOUTH 79° 07' 43" WEST 1304.00 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID SOUTHERLY AIRPORT BOUNDARY NORTH -10° 52' 17" WEST 322.81 FEET; THENCE NORTH 79° 04' 43" EAST 60.00 FEET; THENCE NORTH 10° 34' 19" WEST 90.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 1534-66, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF SAID COUNTY ENGINEER; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 64° 52' 38" EAST 662.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1437.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10° 20' 29" A DISTANCE OF 259.37 FEET; THENCE TANGENT TO SAID CURVE NORTH 75° 13' 07" EAST 265.94 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 79° 41' 02" A DISTANCE OF 34.77 FEET TO THE BEGINNING OF A 1937.00 FOOT COMPOUND CURVE CONCAVE SOUTHWESTERLY, BEING THE WESTERLY RIGHT OF WAY LINE OF SAID ROAD SURVEY NO. 1800-1; THENCE SOUTHEASTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 18° 22' 28", A DISTANCE OF 621.19 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: THAT PORTION OF PALOMAR AIRPORT IN LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 832, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 3 OF SAID LOT 3 AS SHOWN ON SAID MAP 832, THENCE SOUTH 07°34'10" WEST, 351.95 FEET TO THE MOST EASTERLY CORNER OF RECORD OF SURVEY MAP NO. (ROS)6493 ON RLE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID ROS 6493, BEING ALSO THE SOUTHERLY AIRPORT BOUNDARY, SOUTH 79°07'43" WEST, 1449.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE AND SAID SOUTHERLY AIRPORT BOUNDARY, NORTH 10°52'17" WEST 322.81 FEET; THENCE NORTH 79°04'43" EAST, 60.00 FEET; THENCE NORTH 10°34'19" WEST, 90.00 FEET TO A POINT ON THE SOUTHERLY RIGHT- Rrst American Title Insurance Company EXHIBIT "A" (continued) OF-WAY LINE OF ROAD SURVEY NO. 1534-66, A PLAT OF WHICH IS ON PILE I THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, BEING ALSO A POINT IN THE BEGINNING OF A NON-TANGENT 1937 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID CURVE AT SAID POINT BEARS, NORTH 25°0772" WEST; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11033'02", A DISTANCE OF 390.49 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 53°19'36" WEST, 641.70 FEET TO THE NORTHERLY LINE OF SAID ROS 6493; THENCE LEAVING SAID RIGHT-OF-WAY LINE AND ALONG SAID NORTHERLY LINE, NORTH 79°07'43" EAST, 883.51 FEET TO THE TRUE POINT OF BEGINNING. APN: Portion of 213-020-18-00 (Fee), 760-221-90-00 and 760-221-91-00 (Leasehold) First American Title Insurance Company