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HomeMy WebLinkAboutCT 83-36; Sunny Creek 1 Partnership; 89-412045; Uncontrolled Stockpile Agreement/Release- 2040 89 --‘J2045 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ; City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 ;-~“:,-- f 3. .: I a;-:: .-. i * .I: .- ..fZz,. ;:.--- .. ‘:. ; i -. : F -; / : -: .-- ii i I:,” -’ ; j :, .’ -“_ z VI r g-3+-:.+i;T , .-. :. t L,i ;I %,ijC~;~ ; Xi j.i)F:fjp* h-,, -.L.?..iwhjf I Space above this line for Recorder’s use Documentary transfer tax: $ No fee Signature of declarant determining tax firm Name City of Carlsbad Parcel No. 209-090-l 1 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this “27&day of _ 19&, by and between Sunnv Creek I Partnership (Name of Developer) a A California Limited Partnership (Corporation, partnership, etc.) hereinafter referred to “Developer” whose address is 5850 Avenida Encinas. Suite A (Street) Carlsbad, California 92008 (City, state, zip code) and Sunnv Creek I Partnership (Name of Legal Owner) A California General Partnership (Corporation, etc) I Hereinafter referred to as “Owner” whose address is 5850 Avenida Encinas, Suite A (Street) Carlsbad, California, 92008 (City, state, zip code) -.. AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “CITY,” whose address is 1200 Elm Avenue, 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 wishes to stockpile 10,000 cubic yards on Owners property (Exhibit A); 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; and WHEREAS, Developer acknowledges that the grading shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of Developer or his successors in interest; and WHEREAS, the grading or stockpiling shall be constructed in accordance with plans approved by the City Engineer. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agrees as follows: 1. Developer and Owner agrees to indemnify and to hold the City of Carlsbad and any of its agencies or employees harmless from any liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by his actions or inactions or resulting from or arising out of the design, construction, or maintenance of the uncontrolled stockpile. Costs shall include all costs of defense, settlement, judgments, arbitrations or other costs associated with resolution of any claim or cause of action claimed or filed against the City.” 2042 2. This agreement shall be approved by the City Council and recorded by the City Clerk in the Office of the County Recorder as an obligation upon land involved. 3. This notice shall remain in effect until a release of this agreement if filed by the City Engineer. 4. This agreement is binding on all heirs, successors or assigns having an interest in all or part of the real property described herein and set up the agreement to be recorded in the office of the San Diego County Recorder. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written. OWNER: c SUNNY DEVELOPER: SUNNY CREEK I PARTNERSHIP RUSSELL W. GRCISSE Title G-1 PARTNFR Title GFNFRAI PARTNFR ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California ALETHA. L RA c APPROVED AS TO FORM: . , . 0 City Attorney (Notarial Acknowledgement of execution by DEVELOPER and OWNER must be attached.) - CAT. NO. NNOO830 TO 1948 CA (9-84) 2043 (Partnership) fl TICOR TITLE INSURANCE g$T;~LIFoRy&d /)/crG 0 !ss. t Y personally known to me or proved to me on the basis’of satisfactory evidence to be tt2 person who executed the within instrument as A of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature (This area for offkid notarid scd) STATE OF CALIFORNIA COUNTY OF ss. personally known to me or proved to me on the basis’of satisfactory evidence to be the person who executed the within instrument as - of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature cc)- f. LlLLL PU2LlC - CATwlFORNIA (This area for official notarid seal) - 2044 Exhibit A Lot 11 of Carlsbad Tract No. 83-36 Unit No. 1 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11242, filed in the office of the County Recorder of San Diego County on May 23, 1985.