HomeMy WebLinkAboutCT 00-20; H G Fenton Company; 2006-0065487; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2006-0065487
JAN 30, 2006 8:34 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
PAGES. 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
212-020-23ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
Fox-Miller
CT 00-20
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 418-6A) and
improvement plans (DWG 418-6) for development to occur on property described as (see
attached) more particularly described as (APN No. 212-020-23), and other good and valuable
consideration, receipt of which is hereby acknowledged, l/(We) Fenton Carlsbad Research
Center, LLC, a California 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
1
H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any
damage to public 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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
5 day of t>ec-e«Aeir ? 20oS .
PROPERTY OWNERS
Fenton Carlsbad Research Center, LLC, a California
limited liability company
By: H. G. Fenton Company, a California corporation
its Manager
By: f
/ / (sign here)
Allen M. Jones, Vice President
Date:
(print name and title)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Date:
' (sigXhere)
Michael P. Neal, President/CEO
(print name and title)
)eputy City Attor
(Proper notarial acknowledgment of execution by SUBDIVIDER 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.)
H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
State of California
County of San Diego
On ~DeC.S,900t before me,
(Date)
personally appeared 6flk/l ffl. JpfleS ^1
(Namfe, Title of Officer)
P
(Namefs] of Signer[s])
_, ^Impersonally known to me -OR - n
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
4&*are subscribed to the within instrument and acknowledged to me that ho/sho/they
executed the same in fcie/bes/their authorized capacity(ies), and that by •his/hen'their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
CLARE CHAVEZ
CommWon f 1466993
Notary Pubte - Ccifomta
Son Dtego Courty
MyC£imm.EiolflUDn29.200B
Signature of Notary
(This area for
official notary seal)
Title or Type of Document [\0\d \hww\\e*-.
Date of Document
s;%ff^£ffl^-6«££fcW<MJ f^ifurt(J (j
No. of Pages 2-
Signer(s) other than named above
Hi/Development Services/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
EXHIBIT "A"
THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF THE COUNTY ROAD,
KNOWN AS EL CAMINO REAL, SURVEY NO. 682, SHEET 3 THEREOF, AS
DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY
5, 1938 IN BOOK 743, PAGE 64 OF OFFICIAL RECORDS, SAID POINT BEING
ALSO THE CENTER POINT OF A 4 BY 4 CONCRETE BOX CULVERT
ACCURATELY LOCATED AND STATIONED 150 PLUS 28.97 ON THE CENTER
LINE OF SAID COUNTY ROAD, SAID POINT ALSO BEING NORTH 79° 37' 20"
WEST, A DISTANCE OF 1011.60 FEET FROM THE PROPERTY LINE ANGLE
POINT NO. 8 OF LOT "B" OF RANCHO AGUA HEDIONDA, RECORD OF
SURVEY MAP NO. 517, SAID POINT OF BEGINNING BEING THE NORTHWEST
CORNER OF THE LAND DESCRIBED IN DEED TO VISTA BRICK COMPANY,
RECORDED FEBRUARY 1, 1960, AS FILE NO. 20485; THENCE ALONG THE
NORTHERLY LINE OF SAID LAND AND THE PROLONGATION THEREOF,
BEING ALONG SAID CENTER LINE OF EL CAMINO REAL, SOUTH 75° OO1 00"
EAST 675.10 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND
325.00 FEET EASTERLY, AT RIGHT ANGLES, FROM THE EASTERLY LINE OF
SAID VISTA BRICK COMPANY LAND, BEING THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 00° 32' 00" EAST,
1336.95 FEET; THENCE SOUTH 32°40'27" EAST A DISTANCE OF 915.46 FEET
PER RECORD OF SURVEY 6888, RECORDED JULY 6, 1967 IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY (RECORD SOUTH 27° 50'
00" EAST, 827.10 FEET PER GRANT DEED RECORDED JANUARY 15, 1964 AS
FILE NO. 8704 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; ALSO RECORD SOUTH 32°41'07" EAST A DISTANCE OF 915.53 FEET
PER RECORD OF SURVEY 8467, RECORDED FEBRUARY 28, 1980 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALSO RECORD
SOUTH 33°08'52" EAST A DISTANCE OF 915.12 FEET PER CERTIFICATE OF
COMPLIANCE RECORDED MARCH 9, 1981 AS FILE NO. 81-065866 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALSO RECORD
SOUTH 32°40'39" EAST A DISTANCE OF 915.24 FEET PER MAP NO. 12815
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; SAID
COURSE ALSO BEING ALONG A PORTION OF THE EASTERLY PROPERTY
LINE OF LOT 80 OF SAID MAP NO. 12815); THENCE LEAVING SAID PROPERTY
LINE OF SAID LOT 80 NORTH 68° 00' 00" EAST, 1428.00 FEET TO SAID CENTER
LINE OF EL CAMINO REAL; THENCE ALONG SAID CENTER LINE AS
FOLLOWS: NORTH 21° 47' 00" WEST, 970.78 FEET, MORE OR LESS, TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 400.00 FEET NORTHWESTERLY ALONG SAID CURVE 409.22 FEET
THROUGH AN ANGLE OF 58° 37' 00"; THENCE TANGENT TO SAID CURVE
NORTH 80° 24' 00" WEST, 313.60 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 500.00 FEET;
NORTHWESTERLY ALONG SAID CURVE 237.95 FEET THROUGH AN ANGLE
OF 27° 16' 00"; TANGENT TO SAID CURVE NORTH 53° 08' 00" WEST 138.36
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 600.00 FEET; NORTHWESTERLY
ALONG SAID CURVE 228.99 FEET THROUGH AN ANGLE OF 21° 52' 00" AND
TANGENT TO SAID CURVE NORTH 75° 00' 00" WEST, 340.43 FEET TO THE
TRUE POINT OF BEGINNING.
TOGETHER WITH THOSE PORTIONS OF SAID LOT "F" WHICH LIE
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE ABOVE
DESCRIBED LAND, EASTERLY OF THE WESTERLY LINE OF SAID LAND AND
THE NORTHERLY PROLONGATION THEREOF, AND NORTHWESTERLY OF
THE SOUTHEASTERLY LINE OF SAID LAND AND THE NORTHEASTERLY
PROLONGATION THEREOF.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE COMMON BOUNDARY LINE OF SAID
LOTS "F" AND "B" WHICH POINT IS 66.50 FEET NORTHERLY ALONG SAID
BOUNDARY LINE FROM THAT BOUNDARY ANGLE DESIGNATED AS BOTH
POINT 18 OF LOT "G" AND POINT 5 OF LOT "B" ON MAP 823; THENCE SOUTH
68° 00' 00" WEST A DISTANCE OF 465.60 FEET; THENCE AT RIGHT ANGLES
NORTH 22°00' 00" WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 68° 00'
00" EAST TO AN INTERSECTION WITH THE COMMON BOUNDARY OF LOTS
"F" AND "B"; THENCE SOUTHERLY ALONG SAID COMMON BOUNDARY TO
THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL
68443-A OF DEED TO THE COUNTY OF SAN DIEGO RECORDED NOVEMBER
24, 1969 AS FILE NO. 214743.