HomeMy WebLinkAboutCT 96-02; CanAm Properties LLC; 2002-0865062; Uncontrolled Stockpile Agreement/Release,ECORDlNG REQUESTED BY
ND WHEN RECORDED MAILTO
Xy Clerk
ITY OF CARLSBAD
:arkbad, CA 92008
200 Carlsbad Village Dr.
DOC # 2002-0865062
OCT 079 2002 4:52 PM
SRN DIEGO CWNTY REWRMR’S OFFICE
FEES: 17.W
OfFICIEiL KECLHS
FREGORY J. SMITH, COUNTY EWRDER
Space above this line for Recorder‘s use.
ASSESSORS PARCEL NO. 209-090-11-00
PROJECT NO, & NAME: CT 96-02, DWG 361-6F
Terraces at Sunny Creek
AGREEMENT BETWEEN OWNER
AND THE CITY OF CARLSBAD FOR
AN UNCONTROLLED STOCKPILE
THIS AGREEMENT is entered into this &day of JZflf&t$f?O&??by and
letween
:anAm Properties, LLC
3 California Limited Liability Company
iereinafter referred to as “Owner” whose address is
300-1 338 West Broadway
Jacouver, BC
Sanada, V6H 1 H2
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.
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, Owner wishes to stockpile 76,306 cubic yards of grading or fill material on
MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 1
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, Owner acknowledges that the uncontrolled stockpile shall be maintained in
a safe and sanitary manner at the sole cost, risk and responsibility of Owner 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. Owner agrees 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.
Ill
Ill
Ill
MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 2
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
CanAm Properties, LLC, a California Limited Corporation of the State of California
Liability Company
Title: President
(Proper notarial acknowledge of execution by OWNER 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
signing to bind the corporation.) certified by the secretary or assistant secretary under corporate seal empowering the officer@)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By: )%6&
eputy City Attorney
MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2104197
3
CALIFORNIA
ACKNOWLEDGEMENT
STATE OF CALIFORNIA f
COUNTY OF )
On dl, a002 before me, 0 DATE '
personally appeared,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name@) idare subscribed to the within instrument and acknowledged to me that he/she/
they executed the same in hislherltheir authorized capacity(ies), and that by hidherltheir
signature(s) on the instrument the person@), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal. SAN DIEGO COUNTY
(SEAL) TNOTARY PUBLIC SIGNA~RE
OPTIONAL INFORMATION
TITLE OR TYPE OF WCUMENT
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER@) OTHER THAN NAMED ABOVE -