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Home My WebLink AboutSDP 02-16; JE Grant General Contractors Inc; 2006-0398660; Uncontrolled Stockpile Agreement/ReleaseDOC# 2006-0398660 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 JUN06, 2006 2:41 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 22.00 PAGES: 6 2006-0398660 Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. 255-273-07 PROJECT NO. & NAME: SDP02-16, DWG 423-1B COASTLINE COMMUNITY CHURCH UNCONTROLLED STOCKPILE AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this between JE GRANT GENERAL CONTRACTORS, INC. of , by and a CORPORATION hereinafter referred to as "Developer" whose address is 5051 AVENIDA ENCINAS CARLSBAD, CA 92018-0979 and COASTLINE COMMUNITY CHURCH A CALIFORNIA NON PROFIT RELIGIOUS CORPORATION hereinafter referred to as "Owner" whose address is 511 ENCINITAS BOULEVARD, SUITE 104 ENCINITAS, CA 92924 And the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY1, whose address is 1200 Carlsbad Village Drive, Carlsbad, California 92008. H:/Development Services/MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 1 9500 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 20,000 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 9501 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 CITY OF CARLSBAD, a Municipal Coastline Community Cj^Gr^, A California Corporation of the State of California Non Profit DEVELOPER JE Gra /t Glenn Prui City Engineer By: Title: (Proper notarial acknowledge of execution by OWNER and DEVELOPER 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: RONALD R. BALL City Attorney Deputy City Attorney H-./Development Services/MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT 3 Rev. 2/04/97 9502 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date personally appeared KAJHRYN L MUSSO Commission #1500114 Notary Public-CoWomta Son Diego County My Comm. Expires Aug 9.: -\-uniuimu f > County | MAUQ 9.20081 lepersonally known to me D 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 entitftupon behalf of which the person(s acd, executed the instrument. Place Notary Seal Above 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 Attach Title or Tyoe of Document: Document Dai Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here O 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2-402 • mvw.nationalnotary.org 9503 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oq ss. On,_ before me, s personally appeared \JQ/T)fcS Cnn 3-fp-Kr Name and Title of Officer {e.g., "JaneXior Notary Public") Commission #1481553 I Notary Public-California I San Diego Counly f omm. Expires Apr 7,20081 ^^^"•r^BM^Mi 1 Namelsl of Signer(s) D personally known to me •23 proved to me on the basis of satisfactory evidence to be the person^ whose name(^) is/ate subscribed to the within instrument and acknowledged to me that he/sh&/t^Sy executed the same in his/Rw/tftfifi1 authorized capacity(rfe6), and that by his/hter/thfifr signature^ on the instrument the person(«rj, or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and. official seal. 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 o(Jocument:UflfVYrf &fuM (9oWr bf(/. f &7y £>/ C&rkh>tij. 4of i/r>c r»4ro77J*JoC •S-ho a/t pi/^ ' Tj Document Date:. Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer'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: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.natfonalnotary.oig Reorder: Call Toll-Free 1-800-876-6827 9504 EXHIBIT A Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lot 482 of Carlsbad Tract No. 88-03-2, Arroyo Lacosta, Unit 2 (Villages G, H, J, P, Q, R and S), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13386, filed in the Office of the County Recorder of San Diego County, December 20,1996.