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HomeMy WebLinkAboutPUD 09-02; Life Technologies Corporation; 2010-0102334; Uncontrolled Stockpile Agreement/ReleaseDOC# 2010-0102334 fX'If RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 MAR 02, 2010 9:29 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 27.00 PAGES: Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. 212-130-49 PROJECT NO. & NAME: PUD 09-02 Life Technologies AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this H^ day of between Life Technologies Corporation (formerly Invitrogen Corp.) , 20IO, by and a Delaware Corporation hereinafter referred to as "Developer" whose address is 5781 Van Allen Way Carlsbad, CA 92008 and Life Technologies Corporation (formerly Invitrogen Corp.) a Delaware Corporation hereinafter referred to as "Owner" whose address is 5781 Van Allen Way Carlsbad, CA 92008 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. H:/Development Services/MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 1 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 3,600 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. 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 H:/Development Services/MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 2 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 Life Technologies Corporation (formerly Invitrogen Corp.) a Delaware Corporation By: CITY OF CARLSBAD, a Municipal Corporation of the State of California By:'-"VT- \OBERTT. Ji DEVELOPER Life Technologies Corporation (formerly Invitrogen Corp.) a Delaware Corporation ROBERTT. JOHNSON, JR., P.E., City Engineer By:Lfeg^ c* Title: By: /fotund Ofo V Title: £fQ " J , P (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 )eputy City Attorney H:/Development Services/MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT 3 Rev. 2/04/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally appeared D before me, p/jV):P Here Insert Name and Title of the Officer Name(s) of Signer(s) KRISTA MICHELE EISENBEISZ Commission # 1848182 I Notary Public - California z San Diego County Comm. Expires May 8, 2013 \ who proved to me on the basis of satisfactory evidence to be the person^) whose name]£)(1§/a1re subscribed to the within instrument and acknowledged to me that bhe/they executed the same irYjSsfrier/their authorized ipaeity(ijeay, and that by (^/her/their signature^ on the instrument the person(g), 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. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL Signature of Notary Public 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: . \ PL Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's D Individual JZf Corporate Officer — Title(s): D Partner—D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other. Signer Is Representing:. 1.P* RIGHTTHUMBPRINT OF SIGNER Top of thomb here Name: D Individual D Corporate Officer — Title(s): __ D Partner — D Limited D General D Attorney in Fact , . D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association-9350 De.SotoAve., P.O.Box 2402 •Chatsworth.CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _Date personally appeared before me, Herd Insert Name and Title of < /me Officer C . Name(s) of Signer(s) S. COITON Commission # 1673726 Notary Put*: - Callfoinla I San Diego County MvComm.iHpHM.Xjn 9, who proved to me on the basis of satisfactory evidence to be the person^ whose name(s-XjVafe subscribed to the within instrument and acknowledged to me that he/sl'ie/they executed the same in his/hef#heir authorized capacity(res)) and that by his/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 my hand and official seal. Place Notary Seal Above Signature ,Signature of Notary Public OPTIONAL 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: € r\^ i > . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) S^Signer's Name: L2^S^-2^Ui D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: L RIGHTTHUMBPRINT OF SIGNER Top of thumb here igner's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatswortti, CA 91313-2402• wvwv.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California f^inCounty of <^J(_ On D Date personally appeared before me, Name(s) . of agn - PE.-I ' ' *- Inose $. FONSCCA CommtMton * 1773929 Notary PgWte - CoHfomta | Son Otogo County ' >*Comm.ftpl»«Ocn5i2011 I 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/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 hand and official seal. Place Notary Seal Above Signature _l_v OPTIONAL Signature of Notary Public 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) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact RIGHTTHUMBPRINT OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact RIGHTTHUMBPRINT OF SIGNER D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here D Trustee D Guardian or Conservator n Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswortfi, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" A CONSOLIDATION OF PARCELS 3 AND 4 OF CARLSBAD MINOR SUBDIVISION NO. 97-04 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 17971, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 54°09'07" EAST 313.93 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD AS DEDICATED PER CARLSBAD TRACT NO. 85-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 16, 1991, SAID POINT ALSO LIES ON THE ARC OF A 1949.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 70°10'06" WEST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE; SOUTHWESTERLY 935.87 FEET THROUGH A CENTRAL ANGLE OF 27°30'44" TO A POINT OF COMPOUND CURVATURE WITH A 2349.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; A RADIAL LINE FROM SAID POINT BEARS NORTH 42°39'22" WEST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE; SOUTHWESTERLY 0.47 FEET THROUGH A CENTRAL ANGLE OF 0°00'41" TO A POINT OF COMPOUND CURVATURE WITH A 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE; NORTHWESTERLY 39.41 FEET THROUGH A CENTRAL ANGLE OF 90°19'50" SAID POINT ALSO LIES IN THE NORTHEASTERLY RIGHT OF WAY LINE OF FARADAY AVENUE AS DEDICATED PER SAID MAP NO. 12815; THENCE ALONG SAID RIGHT OF WAY LINE; NORTH 42°18'51" WEST 81.10 FEET TO THE BEGINNING OF A 1242.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHWESTERLY 386.56 FEET THROUGH A CENTRAL ANGLE OF 17°49'58" TO A POINT OF REVERSE CURVATURE WITH A 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY 42.18 FEET THROUGH A CENTRAL ANGLE OF 96°40'47" TO A POINT WHICH LIES ON THE SOUTHERLY RIGHT OF WAY OF VAN ALLEN WAY AS DEDICATED PER SAID PARCEL MAP NO. 17971; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 36°31'58" EAST 55.85 FEET TO THE BEGINNING OF A 264.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE NORTHEASTERLY 125.35 FEET THROUGH A CENTRAL ANGLE OF 27°12'19"; THENCE NORTH 63°44'17" EAST 158.87 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE EASTERLY 29.42 FEET THROUGH A CENTRAL ANGLE OF 18°43'51"; THENCE NORTH 82°28'06" EAST 50.0 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY 114.19 FEET THROUGHT A CENTRAL ANGLE OF 109°02'51T" THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 63°25'17" EAST 52.84 FEET THENCE; NORTH 35°50'53" EAST 366.81 FEET TO THE POINT OF BEGINNING. APN: 212-130-49