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HomeMy WebLinkAboutCT 13-03; Rancho Costera, LLC; 2015-0363597; Hold Harmless Agreement/ReleaseDOC# 2015-0363597 RECORDING IS REQUESTED Jul 10, 2015 03:04 PM FOR THE BENEFIT OF THE CITY OFFICIAL RECORDS OF CARLSBAD Ernest J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 6 WHEN RECORDED MAILTO: FEES: $0.00 PAGES: 6 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 208-010-44-00 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME CT 13-03 Rancho Costera RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (n/a) and improvement plans (DWG 480-3) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Rancho Costera, LLC, 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 WFILESOI V\Departments\CED\LandDev\PROJECTS\CT\CT 13\CT 13-03 Robertson Ranch West Village - Riddle\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 480-3) doc 01/25/13 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. /// /// /// /// /// /// /// /// /// III III Ili III III III III III III III III III III 2 WFILESOI V\Departments\CED\LandDev\PROJECTS\CT\CT 13\CT 13-03 Robertson Ranch West Village - Riddle\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 480-3),doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this dav of Jw,^ 20/5. OWNER(S) Rancho Costera LLC, a Delaware limited liability company By: (sign here) Bradley L. Hare, Division Vice President (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney BV: M^LC^ RON KEMP \ Assistant City Attorney (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.) 3 WFILESOI V\Departmenls\CED\LandDev\PROJECTS\CT\CT 13\CT 13-03 Robertson Ranch West Village - Riddle\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 480-3),doc 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 "range ) On June 8, 2015 before me J^ri'ce M. Lombardi, Notary Public (insert name and title ofthe officer) personally appeared Bradley Hare who proved to me on the basis of satisfactory evidence to be the personCs)" whose name(8) is/afC subscribed to the within instrument and acknowledged to me that he/abe/ttje;^executed the same in his/h^@F/th©trauthorized capacity(jps)^ and that by his/betTtlieif'signature^sjron the instrument the person(8)ror the entity upon behalf of which the personXs)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. \ifl • o * • JANICE M. LOMBARDI Commission # 2066035 WITNESS my hand and Official seal. NZ^^^blic'Ca^nia I SignatureCL^^///, j^^^O/^ ' (Seal) Orange County g My Comm. Expires Apr 27, 20181 Order Number: NHSC-4512705 (rli) r-v^. ..-..^ » Page Number: 11 EXHIBIT A LEGAL DESCRIPTION Real property In the City of Carlsbad, County of San Diego, State of California, desalbed as follows: A POICTION OF PARCEL 1 OF CERTIRCATE OF COMPLIANCE CE 13-07, RECORDED FEBRUARY 19, 2014 AS IN^UMENT NO. 2014-0067828 OF OFRCIAL RECORDS, IN THE OTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTWE NORTHEAST CORNER OF PARCEL 1 OF SAID CERTIFICATE OF COIVIPUANCE, HEREON REFERRED TO AS REC 1; TTiENCE SOUTHERLY ALONG THE EAST UNE OF SAID REC 1, SOUTH 01''49'13" WEST 1600.95 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 62°27'54'' WEST 76.17 FEET, SOUTH 54^49'02'' WEST 135.16 FEET, SOUTH 49°55'15" WEST 38,74 FEET, SOUTH 60''03'58" EAST 8.37 FEET, SOUTH 47'»45'30'' WEST 26.08 FEET SOUTH 43<'38'59" WEST 51.49 FEET, SOUTH 37''11'57" WEST 45.52 FEET, TO A POINT ON THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED MAY 11, 2009 AS DOCUMENT NO. 2009:5247694; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND, NORTH 60''03'58" WEST 25.09 FEET TO THE NORTHERN POINT OF SAID UND; THENCE ALONG THE N0RTHWESTHF5LY LINE OF SAID UND, SOUTH 37*29'54" WEST 15.91 FEET, SOUTH 33''16'42'' WEST 30.06 FEET, SOUTH 31'»34'45" WEST 28.46 FEET, SOUTH 28°24'53" WEST 27.22 FEET, SOUTH 23''51'09" WEST 26.06 FEET, SOUTH 20"'12'37'' WEST 24.51 FEET, SOUTH 17"'4870" WEST 25,83 FEET, SOUTH 16<'39'11" WEST 22.22 FEET, SOUTH 00'08'16" EAST 4.75 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE IRREVOCABLE OFFER TO DEDICATE RECORDED AUGUST 14,2008 AS DOCUMENT NO. 2008-04359.46 OF OFFICIAL RECORDS AND ACCEPTED BY A RESOLUTION RECORDED JULY 20, 2011X3" DOCUMENT NO. 201lHp_368561 OF OFRCIAL RECORDS, HEREON REFERRED TO AS REC 4; THENCE ALONG THE BOUNDARY OF SAID REC 4, SOUTH OOWie" EAST 44.78 FEET SOUTH 18*4511" WEST 24.61 FEET, SOUTH ISWSl" WEST 38.98 FEET, SOUTH 15°31'28''WEST 44.23 FEET, SOLfTH 15°1038" WEST 29.09 FEET, SOUTH 19°31'13" WEST 37.42 FEET, SOUTH 19''07'34" WEST 53.80 FEET, SOUTH 14''46'2r WEST 24.34 FEET, SOUTH ig-SS'OS" WEST 24.56 FEET, SOUTH 27«'25'50'' WEST 25.25 FEET, SOUTH SS'OS'll" WEST 24.91 FEET, SOUTH 32°l7'ir WEST 95.78 FEET, SOUTH 15n2'28" WEST 17.77 FEET, SOUTH 08''38^3'' WEST 16.96 FEET, SOUTH 02°15'56" WEST 21.18 FEET, SOUTH O4°18'02'' EAST 20.65 FEET, SOUTH 1401432" EAST 17.42 FEET, SOUTH 29<'19'05'' EAST 12.21 FEET, SOUTH 43'06'27" EAST 20.44 FEET, SOUTH 53°3929'' EAST 20.48 FEET, SOUTH 53»12'20" EAST 26.23 FEET, SOUTH 56''45'45".EAST 37.20 FEET, SOUTH 55°54'54" EAST 36.13 FEET, SOUTH 54°34'57" EAST 39.70 FEET, SOUTH 53°39'53'' EAST 41.98 FEET, SOUTH 48»32'37" EAST 23.08 FEET, SOUTH 52»18'59" EAST 29.91 FEET, SOUTH 52''16'51'' EAST 35.98 FEET, SOUTH 51°08'56'' EAST 43.67 FEET, SOUTH 48''14'56'' EAST 8.42 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED AUGUST 14, 2008 AS DOCUMENT NO, 2008- 0535947 OF OFHCIAL RECORDS, HEREON REFERF^D TO AS REC 3; THENCE ALONG THE WEST LINE OF SAID REC 3, SOUTH 48"'14'56" EAST 30.47 FEET, SOUTH 47«'48'32" EAST 40.97 FEET SOUTH 47»32'57" EAST 32.41 FEET, SOUTH 50''39'48"' EAST 46.12 FEET, SOUTH 48''53'42" EAST 21.99 FEET, SOUTH 66<'28'18" EAST 16.06 FEET, SOUTH 47«>17'11'' EAST 71.12 FEET TO A POINT ON THE EAST UNE OF REC 1; THENCE ALONG SAID EAST LINE, SOUTH 25'45'09" WEST 90.12 FEET, SOUTH 23''38'10'' WEST 109.80 FEET TO THE SOUTHEAST CORNER OF REC 1; THENCE ALONG THE SOUTH LINE OF REC 1, NORTH 82»41'45'' WEST 72.17 FEET, SOUTH 32'"50'45" WEST 16.78 FEET TO THE BEGINNING OF A NON-TANGEtvIT 6855.31-FOOT CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 25°35'19" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03"'59'05" AN ARC DISTANCE F7rst American Title Order Number; NHSC-4512705 (rh) Page Number: 12 OF 476.75 FEET; THENCE NORTH ecas^?" WEST 449.43 FEET TO THE BEGINNING OF A TANGENT 2045.09-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31<'40'36" AN ARC DISTANCE OF 1130.65 FEET; THENCE SOUTH 87<'53'47'' WEST 751.88 FEET TO THE BEGINNING OF A TANGENT 1555.07- FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43«01'37" AN ARC DISTANCE OF 1167.80 FEET; THENCE NORTH 49W36'' WEST 511.31 FEET TO THE BEGINNING OF A TANGENT 2045.09-FOOT • RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CEmm. ANGLE OF 05»23'02" A DISTANCE OF 192.17 FEET; THENCE RADIAL TO SAID CURVE NORTH 35'>32'22" EAST 55.00 FEET; THENCE NORTH 44'»46'29" WEST 132.79 FEET TO THE SOUTHWEST CORNER OF REC 1; THENCE NORTHERLY ALONG THE WEST LINE OF REC 1, NORTH 31«'58'59" EAST 69.52 FEET, NORTH 36''59'55" EAST 92.46 FEET, NORTH 42''43'42" EAST 92.46 FEET, NORTH 48''33'ir EAST 92.75 FEET, NORTH 63''32'50'' EAST 92.35 FEET, NORTH 47M5'28" EAST 94.49 FEET, NORTH 78''10'09" EAST 93.72 FEET, NORTH T7''371S" EAST 91.01 FEET, NORTH 77''03'12" EAST 89,97 FEET, NORTH 54'38'40" EAST 96.25 FEET, NORTH 85»05'13" EAST 96.38 FEET, NORTH 89'3833" EAST 100.00 FEET, NORTH 88»5730' EAST 100.13 FEET, NORTH 85"'59'03" EAST 106.46 FEET, SOUTH 86''41'38" EAST 110.56 FEET, NORTH 61''28'22" EAST 110.57 FEET, NORTH 66»17'10" EAST 106.20 FEET, NORTH 60°39'47" EAST 105,87 FEET, NORTH 54042'29" EAST 104.85 FEET, NORTH 55''38'48'' EAST 99.66 FEET, NORTH 58''26'48'' EAST 100.12 FEET, NORTH 58«'21'19" EAST 100.18 FEET, NORTH 55''29'19- EASr 99.96 FEET, NORTH 52''36'33'' EAST 100.20 FEET, NORTH 51°40'56'' EAST 103.75 FEET, NORTH 48''32'08'' EAST 104.73 FEET, NORTH 43<'05'39" EAST 104.95 FEET, NORTH 41°41'52" EAST 101.54 FEET, NORTH 41''25'43" EAST 100.09 FEET, NORTH 38''31'19" EAST 99.98 FEET, NORTH 37''50'23" EAST 106.35 FEET TO THE NORTHWEST CORNER OF REC 1; THENCE EASTERLY ALONG THE NORTH LINE OF REC 1, SOUTH Bg'lS'Sg" EAST 1688.99 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 53"'53'49" WEST 173.74 FEET TO THE BEGINNING OF A TANGENT 470,00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'58'25" AN ARC DISTANCE OF 49.00 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 89°18'59" EAST 20.54 FEET, SOUTH 57''39'03" EAST 249.77 FEET TO A POINT ON THE NORTH LINE OF REC 1, SAID UNE ALSO BEING THE SOUTH UNE OF SAID LOT 140 OF MAP NO. 9935; THENCE EASTERLY ALONG SAID LINE, SOUTH 89''18'59" EAST 346.33 FEET TO THETOINT OF BEGINNING, APN: 208-010-44-00 First Amehran Title