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Home My WebLink AboutCT 14-06; Presidio Pebble Creek Carlsbad 8 LLC; 2017-0056182; Hold Harmless Agreement/Release/ \..·, RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2017-0056182 1111111111111111111111111111111111111111111111111111111111111111111111 Feb 02, 2017 02:43 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE A~SOR'S PARCEL NO.: 167-531-45-00 167-250-05-00 ~ PROJECTID: -D~c~~v~'~1~4-05~3~/~C~T--14 ___ 0_6 ____ __ PROJECTNAME: --A~ft~on~W~a~y~S~u~b-d-iv-is~io~n------ ------~-------------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 495-9A) and improvement plan (DWG 495-9) 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, 1/(We) Presidio Pebble Creek Carlsbad 8, 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 1 1\FILES01V\Departments\CEO\LandDev\PROJECTS\CTICT 14\CT 14-06 Afton Way-R1ck\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 IIFILES01V\Departments\CED\LandDev\PROJECTSICTICT 14\CT 14-06 Afton Way Rick\8 & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this _______ dayof _________________ ,20 . APPROVED AS TO FORM: CELIA BREWER City Attorney By~ RONKEMP Assistant City Attorney City of Carlsbad OWNER(S) PRESIDIO PEBBLE CREEK CARLSBAD 8, LLC, a Delaware limited liability company By: Pebble Creek Companies, a California corporation, Its Manager By ~~ign~ Gary L. Arnold, Operating Manager (print name and title) Date: ZO\I By: (sign here) (print name and title) Date: (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 1\FILES01V\DepartmentsiCED\LandDev\PROJECTSICTICT 14\CT 14-06 Afton Way· R1ck\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ,A, notari public or other off1cer completing this ceriif~c~;~-v~r~e~~-;;-;e identi~-of the -~-~~ivi~~who signed t~~-] document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document State of California County of Sc, n Dt' ~r c v . On Ja1..!_ll.__ .J___C!'l_ ______ before me. ___ _f-?/_1..<_,1_1'1_ __ (' Ire:/__, __ ~ _-_-h;_!'f_JJ ""~_/_,_'{, Date ./"I Here Insert Nape and Title of td Officer personally appea!'ed ______ C ( c'!J-____L __ /.h !'c.-_! l'/{ ________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/~ subscribed to the within instrument and acknowledged to me that he/s~/tl)6y executed the same in his/l;rer/tyreir authorized capacity(ies), and that by his/h.e!i·it~ir signatur·e(s) on the instrument the person(s). 01· the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I ceriify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offic1al seal. Signature /Signature of Notary Public ----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docum~nt j, j Title or Type of Document:ffihf }zt:;JM-./r fJ /J ( 1-e e ... J-oocument Date: I f V Jc.' I ~ Number of Pages: } Signer(s) Other Tha~/Named Above: ---~--~ 1 ____ _ Capacity(ies) Claim~ by Si~ner(~) ,.1 S1gnei's Na,-ne: __ L-:J.t,I'JI_.k___/_rll__'J.'It-'R ~- D Corporate Officer -Ti-t'fe(s): ___________ _ 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian m Conservator [~}Other: __ Meu-1 e ft' r . _ S!_gnel' Is Representi~lff €J J', "Cll &· /Je b /Jle_ Lr•dC_~hJ.~:' _J' __ ~.t: C, ______ _ Sigr:er's Name:-------~----·-~------------n Corporate Officer -Title(s): _______ _ 0 Partner -0 Limited D General 0 Individual [J Attorney in Fact 0 Trustee [J Guardian or Conservator D Other: Signer Is Representing: ____ _ «:12014 National Notal} Association· v1ww.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 I\FILES01V\Departments\CEDILandDev\PROJECTSICT\CT 14\CT 14-06 Afton Way-Rtck\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 Order Number: NHSC-5124662 (06) Page Number: 10 EXHIBIT A lEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THOSE PORTIONS OF LOTS 1 THRU 4 OF CARLSBAD TRACT NO. 83-20 ACCORDING TO MAP THEREOF NO. 11578 TOGETHER WITH LOT 6 A PORTION OF LOT 5 AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST M)RTHERLV CORNER OF SAW LOT 1; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY BOUNDARY THEREOF SOUTH 49° 12' 54" EAST 91.33 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 40° 15' 51" WEST 106.47 FEET; THENCE SOUTH 28° 40' 29" WEST 109.48 FEET; TO THE SOUTHERLY BOUNDARY OF SAID LOT 2; THENCE NORTH 70° 19' 19" WEST 26.29 FEET TO A 182.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 59.85 FEET THROUGH A CENTRAL ANGLE OF 18° 50' 35" TO THE MOST WESTERLY CORNER OF SAID LOT 2; THENCE NON-TANGENT TO SAID CURVE SOUTH 32° 56' 14" WEST 20.20 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 3 SAID CORNER BEING ALSO A POINT ON A NON-TANGENT 222.00 FOOT RADIUS CURVE CONCAVE NORTHERLY A RADIAL LINE TO SAID CURVE BEARS SOUTH 37° 30' 45" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE BEING ALSO THE NORTHERLY BOUNDARY OF SAID LOT 3 69.10 FEET THROUGH A CENTRAL ANGLE OF 17° 50' 04"; THENCE SOUTH 70° 19' 19" EAST 26.29 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY SOUTH 24° 47' 54" WEST 256.35 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 42° 43' 19" WEST 41.12 FEET; THENCE NORTH 81° 58' 29" WEST 136.19 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE NORTHWESTERLY BOUNDARY THEREOF NORTH 32° 56' 14" EAST 22.29 FEET TO THE SOUTHERLY CORNER OF SAID LOT 6; THENCE ALONG THE WESTERLY BOUNDARY THEREOF NORTH 1° 11' 15" EAST 604.98 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 88° 39' 12" WEST 332.19 FEET TO THE EASTERLY LINE OF THE WESTERLY 15 CHAINS OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID EASTERLY LINE NORTH 1° 32' 57" EAST 100.00 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID NORTHERLY LINE SOUTH 88° 39' 12" EAST 767.06 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID LOT 5; THE'~CE ALONG SAID SOUTHEASTERLY BOUNDARY AND THE SOUTHWESTERLY PROLONGATION THEREOF SOUTH 32° 56' 14" WEST 232.10 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION GRANTED TO THE CITY OF CARLSBAD DESCRIBED AS EXHIBIT "A" ON THE DEED RECORDED SEPTEMBER 23, 1986 AS INSTRUMENT NO. 86-420850, OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF AFTON WAY VACATED BY RESOLUTION NO 8916, RECORDED JANUARY 13, 1987 AS INSTRUMENT NO. 87-014272, OF OFFICIAL RECORDS. APN: 167-531-45-00 and 167-250-06-00 Rrst American lit!e