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.