Loading...
HomeMy WebLinkAboutCT 2018-0003; Magnolia A3 LLC; 2019-0306423; Hold Harmless Agreement/Release.. f I () (_{)\ 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# 2019-0306423 111111111111 lllll 1111111111111111111111111 lllll 11111111111111111111111 Jul 26, 2019 01 :08 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES. $2900 (SB2 Atkins $0.00) PAGES 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-220-15-00 205-220-16-00 PROJECT ID: CT 2018-0003 PROJECT NAME: Magnolia Brady HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 515-3A) 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, I/(We) Magnolia A3, 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 to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any I\FILES01V\Departments\CED\LandDev\PROJECTSICTICT2018\CT2018-0003 Magnolia-Brady -Horodyski\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 \\FILES01V\Departments\CEO\Land0ev\PROJECTS\CT\CT2018\CT2018-0003 Magnolia-Brady -Horodyski\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 IN WITNESS WHEREOF, 4 day of (JtAt'\.L: APPROVED AS TO FORM: CELIA BREWER City Attorney By &Jj],}, Assistant City Attorney City of Carlsbad the undersigned has executed this instrument this , 20.l~L OWNER(S) MAGNOLIA A3, LLC, a California limited liability ::mpany~ Date: By: Date: (sign here) Benjamin Ryan, Manager (print name and title) (sign here) (print name and title) (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 IIFILES01V\Departments\CED\LandDev\PROJECTSICnCT2018\CT2018-0003 Magnolia-Brady -Horodyski\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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. ~:~~:f0~alifornia ~A IJ,,V ~ ) ,,,-~ ~ On J;.c ~ bl, before me, ~ Q/"-H /d., '"""' ?/Jc, Date ,;:p Here Insert Name and Tit~icer personally appeared -u_ff ~Z/A /A/ t¢'(.,,f-N Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name(p1' isiarQ subscribed to the within instrument and acknowledged to me that he/,.ho'-thQY ,axecuted the same in his/J;M;jf1'4Reir authorized capacity~, and that by his/~r signature-'8)' on the instrument the person-'8j, or the entity upon behalf of which the person~acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si~<:;:2~ 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 Document Title or Type of Document: _____________ Document Date: ________ _ Number of Pages: ___ Signer(s) Other Than Named Above: _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited D General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \IFILES01V\Departments\CED\LandDev\PROJECTSICTICT2018\CT2018-0003 Magnolia-Brady -Horodyski\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 "EXHIBIT A" LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of california, described as follows: PARCEL 1: (APN: PORTION 205-220-15-00) THAT PORTION OF TRACT 245 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER UNE OF MAGNOLIA AVENUE DISTANT THEREON NORTH 61 °21' EAST 432.8 FEET FROM A CONCRETE MONUMENT AT THE INTERSECTION OF THE CENTER LINES OF MAGNOLIA AVENUE AND HIGHLAND STREET; THENCE NORTH 28°39' WEST 248.44 FEET TO THE TRUE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUING NORTH 28°39' WEST 218.44 FEET; THENCE NORTH 61 °21' EAST 186.60 FEET TO THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED FROM SOUTH COAST LAND COMPANY TO ELMER CHARLES PEDLEY ET UX, DATED JUNE 11, 1931 AND RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF DEEDS, IN THE COUNTY RECORDER'S OFFICE; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 28°39' EAST 466.88 FEET TO THE CENTER UNE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 61°21' WEST 15 FEET TO AUNE WHICH IS PARALLEL WITH AND 15 FEET SOUTHWESTERLY AT RIGHT ANGLES FOR SAID PEDLEY'S SOUTHWESTERLY LINE; THENCE ALONG SAID PARALLEL UNE, NORTH 28°39' WEST 248.44 FEET TO A LINE BEARING NORTH 61 °21' EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 61°21' WEST 171.60 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: (APN: 225-220-16-00) THAT PORTION OF TRACT 245 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE DISTANT THEREOF NORTH 61°21' EAST 432.8 FEET FROM A CONCRETE MONUMENT AT THE INTERSECTION OF THE CENTER LINES OF MAGNOLIA AVENUE ANO HIGHLAND STREET; THENCE NORTH 28°39' WEST 248.44 FEET; THENCE NORTH 61°21' EAST 171.60 FEET TO AUNE WHICH IS PARALLEL WITH AND 15 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED FROM SOUTH COAST LAND COMPANY TO ELMER CHARLES PEDLEY, ET UX, DATED JUNE 11, 1931 AND RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, THENCE ALONG SAID PARALLEL LINE SOUTH 28°39' EAST 248.44 FEET TO SAID CENTER UNE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 61°21' WEST 171.60 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF TRACT 245 THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA, DISTANT THEREON NORTH 61 °21' EAST 432.8 FEET FROM A CONCRETE MONUMENT AT THE INTERSECTION Of THE CENTER LINES OF MAGNOLIA AVENUE AND HIGHLAND STREET; THENCE NORTH 28°39' WEST 248.44 FEET; THENCE NORTH 61°21' EAST 171.60 FEET TO AUNE WHICH IS PARALLEL WITH AND 15 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED FROM SOUTH COAST LAND COMPANY TO ELMER CHARLES PEDLEY, ET UX, DATED JUNE 11, 1931 AND RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL UNE SOUTH 28°39' EAST 248.44 FEET TO SAID CENTER LINE OF MAGNOLIA AVENUE, THENCE ALONG SAID CENTER UNE SOUTH 61 °21' WEST 10 FEET TO A UNE THAT IS PARALLEL WITH AND 25 FEET SOlJTHWESTERLY AT RIGHT ANGLES FROM SAID PEDLEY'S SOUTHWESTERLY UNE; THENCE ALONG SAID PARALLEL LINE NORTH 28°39' WEST 248.44 FEET TO AUNE BEARING SOlJTH 61 °211 WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 61°21' EAST 10 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: (APN: PORTION 205-220-15-00) THAT PORTION OF TRACT 245 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNlY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER UNE OF MAGNOLIA AVENUE, DISTANT THEREOF NORTH 61 °21' EAST 432.8 FEET FROM A CONCRm MONUMENT AT THE INTERSECTION OF THE CENTER UNES OF MAGNOLIA AVENUE AND HIGHLAND STREET; THENCE NORTH 28°39' WEST 248.44 FEET; THENCE NORTH 61 °21' EAST 171.60 FEET TO AUNE WHICH IS PARALLEL WITH AND 15 FEET SOlJTHWESTERLY AT RIGHT ANGLES FROM THE SOUTHWESTERLY UNE OF LAND DESCRIBED IN DEED FROM SOlJTH COAST LAND COMPANY TO ELMER CHARLES PEDLEY, ET UX, DATED JUNE 11, 1931 AND RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF DEEDS IN THE OFFICE OF THE COUNlY RECORDER OF SAID SAN DIEGO COUNTY AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 2S°39' EAST 248.44 FEET TO SAID CENTER UNE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTER UNE SOUTH 61 °21' WEST 10 FEET TO AUNE THAT IS PARALLEL WITH AND 25 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM SAID PEDLEY'S SOUTHWESTERLY LINE; THENCE ALONG SAID PARALLEL UNE NORTH 28°39' WEST 248.44 FEET TO A UNE BEARING SOlJTH 61 °21' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 61 °21' EAST 10 FEET TO THE TRUE POINT OF BEGINNING.