HomeMy WebLinkAboutPD 10-01; SUDBERRY DEVELOPMENT INC; 2011-0014666; Uncontrolled Stockpile Agreement/ReleaseJAN 07, 2011 2:35 PM
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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.
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468-5A).doc
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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.
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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