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Home My WebLink AboutPIP 98-06A; Industrial Developments International Inc; 2000-0426849; Uncontrolled Stockpile Agreement/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 3139, I)oc Jlf 3=j(p()4&j49 l +:,yy- :IcIUG 119 2000 II:03 CsMi oFF1c1AL RECORDS SW DIEM COUNTY RECORDER’S OFFICE GREGmY gmh ~~~~ . . . 2000-0428849 Space above this line for Recorder’s use. ,: : : it; : ‘, ‘ ,,$‘;I:i- :%,I i$‘~ I ,,i&ik :.111 ‘1,: ~(>’ ~~~~:A~~~~~~~~~~~~~~ f&j;: y:: ii!$$ jq gg I,/ / 2&$983-l 7 & 18 ,: ,,( %.” ,, ,~ 1, ::f#&j&T NO. & N/&l=: ~ji-PIp,~~~tf@~ :, I i: ‘,, ,jt:( ,‘: a,, li; $ ,’ “Palomar Business Park ,( ,‘. ;I i ,’ L :i:: -y:i “z”“’ &Z&EMENT &Q@&~,Q~slJr&~, DE!@&& L/( “_ ‘(I AN,, -,-HE ,cii”k ~,&,$~B~D, FOR 1, ~I ,_, ,‘I AN UNCONTROLLED STOCKPILE L, ‘it “ THIS A@REEM:ENT is entered into this ,- day *f i ,,i’;;(;( :: ,‘,~ :s~;,Bo-, by and ‘>( ),:( ‘1,( :,:2 ‘, ,) i between WI: ,gi‘ )_;’ ,I iP,[ .‘, .’ :‘$ (‘ ~/ j_: ,~ ‘( (( ‘2 Industrial ~~~~~~~~~~~~~~~~~~~~~~~~~~ ,mc. ‘( ,’ ‘, “$!’ Z13_ : 3 i ,(, j, i)‘( : i “_ :,:,, ,( :i, : ‘,, I:: j( ;(b:’ a Delaware Corporation I: ,:I: ,( ~~ ;I>, hereinafter referred to’& ~,Developer” whose address‘%:,;‘: _’ 1801 Von Karman, Suite 120 i “, ‘j‘!l’:’ 0 “ ‘i : ,_( ” ” ,,_, : ’ “ ,, 1::: ((( “ ;( ,:,,: : Irvine, CA 92612 ‘f.. I,, and Industrial Developments International, Inc. A Delaware Corporation hereinafter referred to as “Owner” whose address is 1801 Von Karman, Suite 120 k-vine, CA 92612 And the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred h 3140 to as “CITY”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California 92008. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit “A”, attached to and made a part of this agreement, and hereinafter referred to as “Property”; and WHEREAS, the property lies within the boundaries of City; and ‘_) WHEREAS, Developer wish~~~t~~~~t~dkpil~~,‘~~8~~~,~cubic yards of grading or fill material ‘,) on Owner’s Property which is’icknowledged to be designated ati an uncontrolled stockpile; and ,: 1, s ,:,/ : L “ !(.,i~ 1:, WHEREAS, o~$& &k;;w,&& “that, as 2;; ‘,~~~~trojlP$~stbckpile, the site is not ’ I’, y;t E ,’ 11, /,j i eligible for a building fiermit’~‘unfess special soils analysis and ‘foundation,design are submitted ‘. ~’ : and approved &:‘the:site~%! subsequently graded ,pursuant to a vabd &a&g Permit issued pursuant to Chapter i5.?%of the Carlsbad’fv&&pal Code; and ~1 _ (: ,( “!‘( 1 ‘I,, WHER!!$& thei’brading or stockpiling work shall be done in &XX@&& with grading (8: ,: ,: plans and spe&lca&$is~~pprovedprov~d by’the City Engineer; and::‘“’ i’ ,) _: ;:4 ,$ I‘,: “~ ‘J)[ % :, i $‘Ji. *, _, ,( $2 ,,~j j’ ‘( ;,/ .::. ,(,j i_! L, i : WHEREA$‘&ev&#er acknc&&edges that then u&&trolled stpck$fa shidil be maintained ‘I’I, ‘j ~,, i( ‘! 1: in a safe and sanit&$-~‘manner at’ the sole cost, risk and -r&&iis&&y of Developer or (,! I, 1 Developer’s su~~es.$&~in ~&&~:;‘l!‘;‘: y: ,’ : i, ‘! “zi i j, _: e ,: j i( j+ ,:*, 1,s .j:: : (ij ,‘f! L *a i f( ,: NOW, THEREFORE, ,in consideraticn ,of the recitals and“the covenants contained 8: _, herein, the parties agree as follows: s ‘~, ,:,a (1, i ,“~~~~~ 1; ’ ,i’:: :I::-’ ,, ‘1” (: i i 1. The recitals in this Agreement are hereby incorporated into the terms of this agreement. 2. Developer and Owner agree to indemnify and to hold the City of Carlsbad and any of its officers, agents or employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the blockage or alteration of the normal flow of surface waters or drainage; or by the encroachment of any stockpile on neighboring property; or by any action or grading operation used in placing or removing the uncontrolled stockpile. 3. This agreement may be approved by the City Engineer and shall be recorded by - the City Clerk in the Office of the County Recorder as an obligation upon the Property inuring to the benefit of and be binding upon all successors in interest to Property. 4. This Agreement shall remain in effect until a release of this agreement is filed by the City Engineer. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California I as of the date first written. ,,(:(‘@tt >> >,::,i(.; ,_; ,‘ ,: ! : :,,I( L (1 i I~‘,%+ @ ~i:(p:/ .’ : I~1 <I__ -’ (, ,,!i;:;:Ijij ,:ly:KC6/flQnj- I ‘,‘ I, ,: ,’ ::*‘I I;> L ,( :“I “/ !:I j “ ~( ‘, y !__ ; By: i::: (.: : I, 1 I‘,$‘( ,) f,( _:li: ) ,I, :(,( ( ” ! : 1 ! .i 1‘ a :I ~:j Y]‘j ! j ]i$‘j:‘:;t~@ ‘>‘ Title: 3 :.,: ,L IL ;, L j i ., I# c ‘Z (Proper notarial acknowledge of execution byCWNE,R $nd D&ELOPER must be attached.) ‘) (Chairman, president or vice-president and secretary!:’ assistant secretary CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: - EXHIBIT Yiy’ 3142 A PORTION OF PARCEL “6” IN THE CITY OF CARLSBAD, COUNTY OF SAN D/EGO, STATE OF CALIFORNIA, DESCRlBED IN LOT LINE ADJUSTMENT NO. 533 AS SHOWN IN CERTIFICATES OF COMPLIANCE, RECORDED DECEMBER 4, 1998 AS DOCUMENT NO. 1998-0787383 AND DOCUMENT NO. 1998-0787384 BOTH OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID PARCEL “B’; DISTANT SOUTH 79”3632” WEST THEREON 335.85 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL “B’:. THENCE NORTH 02”36’41” WEST, 357.61 FEET, SOUTH 87%!3’19” WEST, 87.74 FEET, NORTH 02”36’41” WEST, 28.36 FEET, SOUTH 8773’19” WEST, 76.50 FEET AND NORTH 34”59’21” WEST, 41.45 FEET TO AN ANGLE POINT IN THE COMMON LINE BETWEEN SAID PARCELS “B” AND PARCEL “A” DESCRIBED IN SAID LOT LINE ADJUSTMENT NO. 533 AS SHOWN IN SAID CERTlFlCATES OF COMPLIANCE; THENCE NORTH 81”49’00” WEST ALONG SAID COMMON LINE, 57.58 FEET TO THE NORTHWEST CORNER OF SAID PARCEL “B”, BEING A POINT ON THE CURVE OF THE WESTERLY LINE OF SAID PARCEL “B” WHlCH IS CONCAVE WESTERLY, HAVING A RADIUS OF 336.00 FEET, A RADIAL LINE OF SAID CURVE BEARS SOUTH 79Ql’OO” EAST TO SAID CORNER; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AS FOLLOWS: 137.60 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23=27’48”; TANGENT TO SAID CURVE SOUTH 34”26’42” WEST, 231.98 FEET AND 174.01 FEET ALONG A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 264.00 FEET, THROUGH A CENTRAL ANGLE OF 37”45’52” TO A POINT OF TANGENT WITH A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF25.00 FEET; THENCE SOUTHEASTERLY 42.36 FEET ALONG LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 974)4’18” TO A TANGENT POINT ON SAID SOUTHERLY LINE OF PARCEL “B’; THENCE NORTH 7936’32” EAST ALONG SAID SOUTHERLY LINE, 470.48 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL 2 CONTAINS 3.80 ACRES MORE OR LESS DESCRIPTION PREPARED UNDER THE SUPERVISION OF: THIENES ENGINEERING 16800 VALLEY VIEWAVENUE, LA MIRADA, CA. 90639 G:\J762lNULWEXB.doc CALIFORNIA ALL-PURPOSE ACkNOWLEDGMENT State of SMemia G County of uJinne* On -, before me, 1\1 ?!@X A&P D%i-b . I Date Name and Title of Officer (e.g., “Jane Doe, Notary Public’) personally appeared nf?d n q \-Pflai%d &t,-/ IName of Signer(s) 6 ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) dare subscribed to the within instrument and acknowledged to me that +&he/they executed the same in -hi&her/their authorized capacity(ies), and that by biefher/their 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. Place Notary Seal Above Signature of Notary Public OPTIONAL *mry Pubk, ~b~b.:‘.~ti: rhL4n~t, :~azm PF: S7mmisim plpbs nr, c C, 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Clainied by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited q General 0 Attorney in Fact q Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Assoaatlon * 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827