HomeMy WebLinkAboutCT 2022-0001; Carlsbad Village II LLC; 2024-0298157; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY OF
CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
Cl1Y OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2024-0298157
111111111111 lllll 111111111111111 ll11111111111111111111111111111111 1111
Oct 30, 2024 10:12 AM
OFFICIAL RECORDS
JORDAN Z. MARKS.
SAN DIEGO COUNTY RECORDER
FEES $0 00 (SB2 Atkins: $0.00)
PAGES: 9
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. :
PROJECT ID:
203-320-02-00; 203-320-20-00;
203-320-41-00; 203-320-40-00;
203-320-48-00; 203-320-51-00
CT 2022-0001 --------------PROJECT NAME: Hope Apartments
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 546-4A) for development to occur
on property more particularly described as (see attached, Exhibit "A"), and other good and va luable
consideration, receipt of which is hereby acknowledged, 1/(We), Carlsbad Village II, LLC., a Delaware
limited liability company, the owner(s) of said property promise to indemnify and to hold the City of
Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or
damage to or taking of any property including public property, directly or indirectly caused by the
geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent
to this subdivision due to its construction, operation or maintenance.
Approval of the plans or permits, or inspection of any work done pursuant to those plans or
permits by the City shall not constitute an assumption by the City of any responsibility for any damage
or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the
design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or
done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible
for any accident, loss or damage happening or occurring during the construction work or improvements
as specified in this agreement. The entire risk of any loss resulting from or caused by any geological
failure is assumed by and shall be borne by the owner.
It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure
slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public
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improvements caused by any geological failure referred to in this agreement to the satisfaction of the
City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may
fail and cause damage to public improvements. It is further agreed that this agreement shall be binding
on all heirs, successors or assigns having an interest in all or any part of the property described herein.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this \1;~ day of
-"""'-O~C"""Xt.,_,.D"-'~--<=-=c=..._-_,, 20]:1.
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
Senio istant City Attorney
City of Carlsbad
OWNER(S)
CARLSBAD VILLAGE II, LLC., a Delaware limited liability
company
By: R&V MANAGEMENT INVESTMENT CORPORATION,
a California corporation
By:
ltsMa~
(sign here)
Scott Dale -President
(print name and title)
Date: 10/14 h..t, I •
(Proper notarial acknowledgment of execution by owner(s) 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.)
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01/25/13
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on October 14, 2024 before me, Patrick Daniel McAllister, Notary Public
(insert name and title of the officer)
personally appeared ________ S_c_o_tt_D_a_le _______________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/at=e
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/hertthoir authorized capacity(+es), and that by his/horttheir 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
P,t.TRICK 0-'NIEL MC,t.LLISTER
•
Not•ry Public • Callfo,nia I
~ San Di._., County _
• Commiulon # 2319342
My Comm. Ex;,i•"' Jon 4, 2026
(Seal)
Page Number: 1
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
TENTATIVE TRACT NO. (CARLSBAD VILLAGE II), BEING A SUBDIVISION OF THE FOLLOWING:
PARCEL 1: (APN: 203-320-02-00)
THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, WHICH IS
ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 117, WITH THE WESTERLY LINE OF TRACT NO. 119
OF SAID CARLSBAD LANDS AS SHOWN ON SAID MAP NO. 1661; THENCE SOUTH 55° 27' WEST ALONG
THE SOUTHEASTERLY LINE OF SAID TRACT NO. 117, A DISTANCE OF 1380.91 FEET TO A POINT;
THENCE NORTH 34° 33' WEST, A DISTANCE OF 450.00 FEET TO A POINT IN THE SOUTHEASTERLY
LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO AUGUSTA ASMUS BY DEED RECORDED JULY
20, 1920 IN BOOK 824, PAGE 17 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 55° 27' WEST
ALONG THE SOUTHEASTERLY LINE OF SAID LAND SO CONVEYED TO SAID ASMUS, A DISTANCE OF
56.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 55° 27' WEST ALONG
SAID SOUTHEASTERLY LINE OF SAID ASMUS LAND 56.25 FEET; THENCE SOUTH 34° 33' EAST 140
FEET; THENCE NORTH 55° 27' EAST, 56.25 FEET TO INTERSECTION WITH A LINE WHICH BEARS
SOUTH 34° 33' EAST FROM THE POINT OF BEGINNING; THENCE NORTH 34° 33' WEST 140 FEET TO
THE TRUE POINT OF BEGINNING.
PARCEL 2: (APN: 203-320-20-00)
ALL THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GRAND AVENUE WITH THE
SOUTHWESTERLY BOUNDARY OF TRACT 117, AS SHOWN ON SAID MAP, SAID POINT BEING ALSO AN
ANGLE POINT IN THE SOUTHEASTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND
COMPANY, A CORPORATION TO AUGUSTA ASMUS, BY DEED DATED APRIL 13, 1920 AND RECORDED IN
BOOK 824, PAGE 17 OF DEEDS; THENCE SOUTH 34° 33' EAST ALONG THE SOUTHWESTERLY LINE OF
SAID TRACT 117, DISTANCE OF 140 FEET; THENCE NORTH 55° 27' EAST 50 FEET; THENCE NORTH 34°
33' WEST 140 FEET TO INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LAND CONVEYED TO
ASMUS ABOVE REFERRED TO; THENCE SOUTH 55° 27' WEST ALONG SAID LINE 50 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF TRACT 117 DESCRIBED AS FOLLOWS :
BEGINNING AT INTERSECTION OF THE CENTERLINE OF GRAND AVENUE WITH THE SOUTHWESTERLY
BOUNDARY OF TRACT 117, AS SHOWN ON SAID MAP NO. 1161; THENCE SOUTH 34° 33' EAST 15.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 34° 33' EAST 3.21 FEET TO A
POINT ON THE ARC OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.50 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 65° 22' 48" FEET, AN
ARC DISTANCE OF 6.28 FEET; THENCE SOUTH 55° 27' WEST 5.00 FEET TO THE TRUE POINT OF
BEGINNING AS GRANTED TO THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, BY DEED
RECORDED MAY 23, 1967 AS FILE NO. 72888 OF OFFICIAL RECORDS.
Page Number: 2
PARCEL 3: (APN: 203-320-40-00 AND 203-320-41-00)
PARCELS 1 AND 2 OF PARCEL MAP 2868 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 22,
1974.
EXCEPTING THEREFROM ALL THAT PORTION OF PARCEL 1 AND 2 OF PARCEL MAP 2868 THAT WAS
GRANTED TO THE CITY OF CARLSBAD BY FINAL ORDER OF CONDEMNATION RECORDED JUNE 2, 1994,
AS INSTRUMENT NO. 1994-0376671 OF OFFICIAL RECORDS.
PARCEL 4: (APN: 203-320-48-00 AND 203-320-51-00)
A NON-EXCLUSIVE EASEMENT FOR INGRESS-EGRESS AND DRIVEWAY PURPOSES OVER THAT PORTION
OF TRACT NO. 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MARCH 01, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, WHICH
IS ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 117 WITH THE WESTERLY BOUNDARY LINE OF
TRACT NO. 119 OF SAID CARLSBAD LANDS, AS SHOWN ON SAID MAP; THENCE SOUTH 55°27' WEST
ALONG THE SOUTHEASTERLY LINE OF SAID TRACT 117 A DISTANCE OF 1330.91 FEET TO THE
SOUTHEASTERLY CORNER OF A RECTANGLE PARCEL KNOWN AS PARCEL #5; THENCE CONTINUING
ALONG THE NORTHWESTERLY LINE OF SAID ELM STREET SOUTH 55°27' WEST A DISTANCE OF 7.0
FEET TO THE NORTHEASTERLY LINE OF A PAVED DRIVEWAY; THENCE ALONG SAID LINE NORTH
34°33' WEST, A DISTANCE OF 2.31 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING ON
THE PROPOSED NORTHWESTERLY RIGHT-OF-WAY LINE OF CARLSBAD VILLAGE DRIVE, (PREVIOUSLY
KNOWN AS ELM AVENUE), AS SAID LAST MENTIONED LINE IS REFERRED TO IN VARIOUS PLANS AND
DOCUMENTS RELATING TO THAT CERTAIN CITY PROJECT KNOWN AS STREETSCAPE PHASE V;
THENCE, CONTINUING NORTH 34°33' WEST, A DISTANCE OF 96 FEET TO A POINT; THENCE SOUTH
55°27' WEST A DISTANCE OF 43 FEET TO THE NORTHEASTERLY LINE OF PARCEL NO. 2 OF PARCEL
MAP NO. 2868, FILED IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID LINE SOUTH
34°33' EAST, A DISTANCE OF APPROXIMATELY 96 FEET TO A POINT ON THE PROPOSED RIGHT-OF-
WAY LINE OF CARLSBAD VILLAGE DRIVE; THENCE ALONG SAID LINE NORTH 55°27' EAST, A DISTANCE
OF 43 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 5:
PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS
FILE NO. 2018-7000347 OF OFFICIAL RECORDS.
SAID PARCEL B BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE OF HOPE AVENUE AND GRAND AVENUE, SAID POINT BEING
MARKED WITH A SPIKE WITH PUNCH AS SHOW ON THAT CERTAIN RECORD OF SURVEY, 22249,
RECORDED JANUARY 2016 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY;
THENCE, LEAVING SAID POINT RUNNING ALONG THE CENTERLINE OF GRAND AVENUE NORTH
55°26'30" EAST A DISTANCE OF 353.76 FEET TO A POINT, SAID POINT BEING THE NORTH EAST
CORNER OF PARCEL B, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
Page Number: 3
THENCE, LEAVING SAID POINT SOUTH 34°31'03" EAST A DISTANCE OF 209.99 FEET TO THE
BEGINNING OF A TANGENT CURVE;
THENCE, ALONG A TANGENT CURVE BEING CONCAVE WESTERLY HAVING A RADIUS OF 60.00 FEET,
RUNNING SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 47.12 FEET, HAVING A
CENTRAL ANGEL OF 45°00'00", TO THE BEGINNING OF A TANGENT LINE;
THENCE, SOUTH 10°28'57" WEST A DISTANCE OF 137.60 FEET TO THE BEGINNING OF A TANGENT
CURVE;
THENCE, ALONG A TANGENT CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 55.00 FEET,
RUNNING SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 43.20 FEET,
HAVING A CENTRAL ANGEL OF 45°00'00", TO THE BEGINNING OF A TANGENT LINE;
THENCE, SOUTH 34°31'03" EAST A DISTANCE OF 61.92 FEET TO A POINT ON THE NORTHERLY LINE OF
CARLSBAD VILLAGE DRIVE, AS SHOWN ON THAT CERTAIN PARCEL MAP 21619,
RECORDED SEPTEMBER 12, 2018, SAID POINT BEING DISTANCE THEREFROM SOUTH 55°26'50" WEST
A DISTANCE OF 220.26 FEET FROM THE INTERSECTION OF THE EAST LINE OF PARCEL
'A' OF SAID PARCEL MAP AND THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE;
THENCE, RUNNING WESTERLY ALONG THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE SOUTH
55°26'50" WEST A DISTANCE OF 35 .00 FEET TO A POINT;
THENCE, LEAVING THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE RUNNING ALONG THE
WESTERLY LINE OF SAID PARCEL 'B' NORTH 34°31'03" WEST A DISTANCE OF 310.01 FEET TO
AN ANGLE POINT;
THENCE, SOUTH 55°34'59" WEST A DISTANCE OF 56.29 FEET TO AN ANGLE POINT;
THENCE, NORTH 34°29'33" WEST A DISTANCE OF 140.28 FEET TO A POINT ON THE CENTER LINE OF
GRAND AVENUE, SAID POINT BEING DISTANCE THEREFROM NORTH 55°26'30" EAST A
DISTANCE OF 131.55 FEET THE INTERSECTION OF THE CENTER LINE OF HOPE AVENUE AND GRAND
AVENUE, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF SAID PARCEL 'B';
THENCE, RUNNING ALONG THE CENTER LINE OF GRAND AVENUE NORTH 55°26'30" EAST A DISTANCE
OF 222.21 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 6:
A 24' WIDE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS AND INGRESS AND EGRESS FOR
THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS.
SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH
AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN RECIPROCAL
ROADWAY GRANT OF EASEMENT AND EASEMENT AGREEMENT RECORDED SEPTEMBER 14, 2018 AS
INSTRUMENT NO. 2018-0384167 OF OFFICIAL RECORDS .
PARCEL 7:
AN EASEMENT FOR VEHICULAR PARKING AND RELATED INGRESS AND EGRESS PURPOSES FOR THE
BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN
Page Number: 4
DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A
PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS
AND PROVISIONS CONTAINED IN THAT CERTAIN PARKING EASEMENT AGREEMENT [11 PERMANENT
PARKING SPACES] RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. 2018-0384168 OF OFFICIAL
RECORDS.
PARCEL 8:
AN EASEMENT FOR VEHICULAR PARKING AND RELATED INGRESS AND EGRESS PURPOSES FOR THE
BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619 IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS.
SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH
AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN PARKING EASEMENT
AGREEMENT (4 SPACES) RECORDED SEPTEMBER 17, 2018 AS INSTRUMENT NO. 2018-0384405 OF
OFFICIAL RECORDS.
PARCEL 9:
AN EASEMENT FOR THE PLACEMENT, OPERATION, ILLUMINATION AND USE OF EXISTING MONUMENT
SIGNAGE FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT
IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO
THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN SIGN EASEMENT AGREEMENT RECORDED
SEPTEMBER 17, 2018 AS INSTRUMENT NO. 2018-0384406 OF OFFICIAL RECORDS.
PARCEL 10:
AN EASEMENT FOR THE USE, REPAIR AND MAINTENANCE OF SANITARY SEWER PURPOSES FOR THE
BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A
PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS
AND PROVISIONS CONTAINED IN THAT CERTAIN UTILITY EASEMENT AGREEMENT (FOR BENEFIT OF
MOTEL 6 JV OWNERS) [SANITARY SEWER] RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO.
2018-0384169 OF OFFICIAL RECORDS.
PARCEL 11:
AN EASEMENT FOR DRAINAGE, FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL
RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY
SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN DRAINAGE
EASEMENT AGREEMENT (FOR THE BENEFIT OF MOTEL 6 JV OWNERS) RECORDED SEPTEMBER 14, 2018
AS INSTRUMENT NO. 2018-0384170 OF OFFICIAL RECORDS.
Page Number: 5
APN : 203-320-02-00; 203-320-20-00; 203-320-40-00; 203-320-41-00; 203-320-48-00; 203-320-51-00
(referenced for informational purposes only)