HomeMy WebLinkAboutPD 06-21; SCIF Palomar LLC; 2008-0445049; Hold Harmless Agreement/ReleaseDQC# 2008-0445049
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
AUG19,2008 3:57 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES:
9381
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 760-221-47 & 73
PROJECT NO. & NAME:PD 06-21
Magellan Aviation Hangars A, B, D & FBO,
North Phase
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 447-8B) for
development to occur on property described- as (see attached, Exhibit "A"), according to Map
thereof No. APN 760-221-47 & 73, I/We, SCIF Palomar, LLC, a Delaware limited liability
company, the owners of said property promise to indemnify and to hold the City of Carlsbad, its
officers, agents and employees harmless from liability for injuries to persons, or damage to or
taking of property, directly or indirectly caused by the diversion of waters, the alteration of the
normal flow of surface waters or drainage; or the concentration of surface waters or drainage
from the drainage system or other improvements identified in the approved plans; or by the
design, construction or maintenance of the drainage system or other improvements identified in
the approved plans.
Approval of the plans by the City shall not constitute an assumption by the City of any
responsibility for such damage or taking. City shall not be an insurer or surety for the design or
construction of the improvements pursuant to the approved plans, nor shall any officer or
employee thereof be liable or responsible for any accident, loss or damage happening or
H:\Development Services\PROJECTS\PD FILESiPD 06\PD 06-21 Magellan Aviation Hangars - RickNBonds and AgreemenftHOLD HARMLESS AGREEMENT
DRAINAGE(DWG 447-8B)#2.doc
9382
occurring during the construction work or improvements as specified in this agreement.
It is further agreed that the above owner(s) will maintain all drainage systems to insure a
free flow to a satisfactory point of discharge unless said systems are accepted as public
facilities.
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 10
day of fap-(\ , 200ft .
PROPERTY OWNERS
SCIF Palomar, LLC, a Delaware limited liability company
By:
(Sign
\US ..
(Print Name and title)
Date:
By: _ /
(SignHe're)
(Pjjrif Name and Title)
Date:
(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.)
APPROVED AS TO FORM:
RONALD R. BALLCity Attorney
By:
ity City Attorn
2
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DRAINAGE(DWG 447-8B)#2.doc
9383
j State of California ) CALIFORNIA ALL-PURPOSE
1 counwof Los JV/iy>j ] CERTIFICATE OF ACKNOWLEDGMENT I
! On fWU 1P,2^0« beforemer Ell&tbCj* IjM^U^r. P,W>
| ' ' (here insert name and titfe of the officef)
S personally appeared A j\ (^\r -H v\ Q. jl/U^SC^-
i who proved to me on the basis of satisfactory evidence to be the per
; the within instrument and acknowledged to me that he/she/th
! authorized capacity(i^s), and that by his/hjer/tl]feir signature^) on th
upon behalf of which the person(sO acted, executed the instrument.
1 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.
s?^
I Signature &^h^^
1 ~ I/
son^) whose name(^ is/a/e subscribed to
ey executed the same in his/hj^r/wieir
e instrument the person^s), or the entity
1 y^BRjK ELIZAiETH UWWIU |
smSzSii Comm<«K>n « 1 711 191 IlfS£|HB Notary Public. California i
J^^S/ Loi Ang*l«s County £
(Seal)
I OPTIONAL INFORMATION i
> Although the information in this section is not required by law, it could prevent fraudulent removal and reattachmentofthis I
'i acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. 1
- Dtisci i|_>Lioi i of AtldcntJu Document l^^mHPWRfflFVWHmKn"Pf!M'^^^IHHI T
The preceding Certificate of Acknowledgment is attached to a document
I titled/for the purpose of
1 containing pages, and dated
The signer(s) capacity or authority is/are as:
[U Individual(s)
1 dl Attorney-in-Fact
I 1 1 Corporate Officer(s)
Title(s)
1 1 Guardian/Conservator
i 1 1 Partner - Limited/General
1 1 Trustee(s)
1 D Other:
1 representing:
\ Name(s) of Person(s) or Entity(ies) Signer is Representing
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
L- O form(s) of identification O credible witness(es)
Notarial event is detailed in notary journal on:
Page# Entry*
Notary contact:
Other
| | Additional Signer(s) | | Signer(s)Thumbprint(s)
D
d Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10/07. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotaiy.com
i ..--••••• -> :>••••••* " File No.: 03204434
| EXHIBIT"A" 9384
. " ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
I CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL No. Af At:
I THAT PORTION OF MCCLELLAN-PALOMAR AIRPORT (AIRPORT) AS DESCRIBED IN DEED TO THE
COUNTY OF SAN DIEGO, RECORDED FEBRUARY 17, 1958 IN BOOK 6952, PAGE 391 OF OFFICIAL
RECORDS (DEED), IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING THAT
I PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF
• CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN SAID COUNTY
RECORDER'S OFFICE, AND AS SHOWN ON RECORD OF SURVEY MAP NO. (ROS) 17996 RECORDED
OCTOBER 3, 2003 IN SAID COUNTRY RECORDER'S OFFICE, MORE PARTICULARLY DESCRIBED AS
I FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID AIRPORT PROPERTY SAKLCQRNER
I BEING A 2" IRON PIPE WITH TAG STAMPED "L.S. 4506" AS SHOWN ON. CERTIFICATE OF
CORRECTION 90^537582 FOR MAP 11288 AND SAID RECORD OF SURVEY;
THENCE ALONG THE SOUTHWESTERLY BOUNDARY OF SAID AIRPORT PROPERTY NORTH 10819"11"I WEST 1000.04 FEET (1000.02 FEET PER ROS 17996) TO A 2" IRON PIPE WITH TAG STAMPED "SD CO
SURVEYOR" AS SHOWN ON SAID RECORD OF SURVEY;
I THENCE LEAVING SAID BOUNDARY ON A COURSE PARALLEL WITH THE CENTERLINE OF PALOMAR
I AIRPORT RUNWAY AS ESTABLISHED ON SAID RECORD OF SURVEY MAP NO. 17996, NORTH 79°42122M
1 EAST, 133.20 FEET;
I THENCE SOUTH 10°57'41" WEST, 18.00 FEET TO A LINE THAT IS PARALLEL WITH AND 517.50 FEET
SOUTHERLY OF SAID RUNWAY CENTERLINE AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 10° 19'11" EAST, 255.09 FEET;
• THENCE NORTH 79°40'49" EAST, 415.52 FEET TO THE BEGINNING OF A TANGENT 50.00-FOOT
RADIUS CURVE, CONCAVE SOUTHWESTERLY;
I THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
1 45°03'12", AN ARC LENGTH OF 39.32 FEET;
I THENCE TANGENT TO SAID CURVE SOUTH 55°15'59" EAST, 78.79 FEET TO A POINT ON A NON
TANGENT 48.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID CURVE AT SAID
POINT BEARS, NORTH 55°15'59" WEST;
I THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 74°38'43n,
AN ARC LENGTH OF 62.53 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS REVERSE
CURVE, CONCAVE SOUTHWESTERLY;
I THENCE SOUTHEASTERLY ALONG THE ARC OF SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE
1 OF 29°35'31", AN ARC LENGTH OF 46.48 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 10°19'11" EAST, 88.00 FEET;
THENCE NORTH 79040'49n EAST, 22.00 FEET;
THENCE SOUTH 10019'11" EAST, 411.63 FEET TO A LINE THAT IS PARALLEL WITH AND 55.92 FEET
NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID AIRPORT PROPERTY;
THENCE ALONG SAID PARALLEL LINE, SOUTH 79°40'49" WEST, 249.41 FEET;
THENCE LEAVING SAID PARALLEL LINE, NORTH 10°19'11" WEST, 19.00 FEET;
THENCE SOUTH 79°40'49" WEST, 25.00 FEET;
ALTA Loan Policy - 1970 (Rev. 10-17-70)
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EXHIBIT "A" File No.: 03204434
(continued) 9385
•I THENCE SOUTH 10°19'11" EAST, 19.00 FEET TO A LINE THAT IS PARALLEL WITH AND 55.92 FEET
NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID AIRPORT PROPERTY;
I THENCE ALONG SAID PARALLEL LINE, SOUTH 7984Q'49" WEST, 259.74 FEET, TO THE BEGINNING OF
^ A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;
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THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
90°00'00", AN ARC LENGTH OF 78.54 FEET;
THENCE TANGENT TO SAID CURVE, NORTH lO-'ig'll" WEST, 194.82 FEET;
THENCE NORTH 24821'21n WEST, 185.54 FEET TO A LINE THAT IS PARALLEL WITH AND 30.00 FEET
NORTHEASTERLY OF THE SOUTHWESTERLY BOUNDARY OF SAID AIRPORT
THENCE NORTH 10°19'11B WEST, 502.51 FEET TO A LINE THAT IS PARALLEL WITH AND 517.50.FEET
SOUTHERLY OF SAID RUNWAY CENTERLINE;
THENCE ALONG SAID PARALLEL LINE, NORTH 79°42'22" EAST, 96.67 FEET TO THE TRUE POINT OF
BEGINNING.
(County Description No. 2005-0183-A)
Assessor Parcel No. being a portion of 760-221-73 with other property
PARCEL AfBI:
THAT PORTION OF MCCLELLAN-PALOMAR AIRPORT (AIRPORT) AS DESCRIBED IN DEED TO THE
COUNTY OF SAN DIEGO, RECORDED FEBRUARY 17, 1958 IN BOOK 6952, PAGE 391 OF OFFICIAL
RECORDS (DEED), IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING THAT
PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN. DIEGO, STATE OF
CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF - NO. 823, FILED IN SAID COUNTY
RECORDER'S OFFICE, AND AS SHOWN ON RECORD OF SURVEY MAP NO. 17996 RECORDED OCTOBER
3, 2003 IN SAID COUNTY RECORDER'S OFFICE, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID AIRPORT PROPERTY SAID CORNER BEING
A 2" IRON PIPE WITH TAG STAMPED "LS. 4506" AS SHOWN ON CERTIRCATE OF CORRECTION 90-
537582 FOR MAP 11288 AND SAID RECORD OF SURVEY;
THENCE ALONG THE SOUTHWESTERLY BOUNDARY OF SAID AIRPORT PROPERTY NORTH 10°19wll'r
WEST 1000.04 FEET (1000.02 FEET PER ROS 17996) TO A 2" IRON PIPE WITH TAG STAMPED "SD CO
SURVEYOR" AS SHOWN ON SAID RECORD OF SURVEY;
THENCE LEAVING SAID BOUNDARY ON A COURSE PARALLEL WITH THE CENTERLINE OF PALOMAR
AIRPORT RUNWAY AS ESTABLISHED ON SAID RECORD OF SURVEY MAP NO. 17996, NORTH 79°42'22n
EAST, 133.20 FEET;
I THENCE SOUTH 10°57'41" WEST, 18.00 FEET TO A LINE THAT IS PARALLEL WITH AND 517.50 FEET
* SOUTHERLY OF SAID RUNWAY CENTERLINE;
I THENCE SOUTH 79042'22n WEST, 96.67 FEET TO A LINE THAT IS PARALLEL WITH AND 30.00 FEET
NORTHEASTERLY OF THE SOUTHWESTERLY BOUNDARY OF SAID AIRPORT BOUNDARY;
THENCE ALONG SAID PARALLEL SOUTH 10°19'.ll" EAST, 502.51 FEET;
• THENCE LEAVING SAID PARALLEL LINE, SOUTH 24°21'21" EAST, 185.54 FEET;
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EXHIBIT "A" File No.: 03204434
(continued)9386
THENCE SOUTH 10°19'11" EAST, 194.82 FEET TO THE BEGINNINIG OF A TANGENT 50-FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
90°00'00", A DISTANCE OF 78.54 FEET TO A POINT OF TANGENCY WITH A LINE THAT IS PARALLEL
WITH AND 55.92 FEET NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID AIRPORT
PROPERTY;
THENCE TANGENT TO SAID CURVE, ALONG SAID PARALLEL LINE, NORTH 79°40'49" EAST, 259.74
FEET;
THENCE LEAVING SAID PARALLEL LINE, NORTH 10°19'11" WEST, 19.00 FEET;
THENCE NORTH 79°40'49" EAST, 25.00 FEET;
THENCE SOUTH 10019'11" EAST, 19.00 FEET TO A LINE THAT IS PARALLEL WITH AND 55.9.Z FEET
NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID AIRPORT PROPERTY;
THENCE ALONG SAID PARALLEL LINE, NORTH 79°40'49" EAST, 249.41 FEET;
THENCE SOUTH 10°19'11" EAST, 55.92 FEET TO SAID SOUTHEASTERLY BOUNDARY OF THE AIRPORT
PROPERTY;
THENCE ALONG SAID BOUNDARY, SOUTH 79°40'49" WEST, 659.15 FEET TO THE POINT OF
BEGINNING.
(County Legal Description No.: 2005-0183-B)
Assessor Parcel No. being a portion of 760-221-73 with other property
PARCEL A-l:
NON-EXCLUSIVE EASEMENTS FOR THE USE OF ALL PUBLIC AIRPORT FACILITIES AT THE AIRPORT
INCLUDING, BUT NOT LIMITED TO, TAXIWAYS, RUNWAYS, APRONS, NAVIGATIONAL AIDS AND
FACILITIES RELATING THERETO, FOR THE PURPOSE OF LANDINGS, TAKEOFFS AND TAXIING OF
LESSEE'S AND LESSEE'S CUSTOMERS' AIRCRAFT, AS WELL AS THE NON-EXCLUSIVE USE OF THE
ACCESS ROAD FOR INGRESS TO AND EGRESS FROM THE PREMISES, AS CREATED BY AND
DESCRIBED IN SECTION 2.1 OF THAT CERTAIN AMENDED AND RESTATED AVIATION LEASE
EXECUTED BY THE COUNTY OF SAN DIEGO, AS LESSOR, AND SCIF PALOMAR, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, AS LESSEE (COUNTY AWARD NO. 104567), AS DISCLOSED BY THAT
CERTAIN MEMORANDUM OF LEASE DATED JUNE 22, 2005.
PARCEL B;
• . THAT PORTION OF MCCLELLAN-PALOMAR AIRPORT, BEING A PORTION OF LOT "G" OF RANCHO AGUA
I HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DESCRIBED AS FOLLOWS:
I COMMENCING AT POINT 5 ON THE NORTHERLY LINE OF SAID LOT "G"; THENCE SOUTH 10°52'17"
EAST, 99.26 FEET TO A POINT ON THE CENTERUNE OF THE RUNWAY OF MCCLELLAN-PALOMAR
AIRPORT, BEING ALSO ENGINEER'S STATION 33+30.21; THENCE ALONG SAID CENTERLINE NORTH
79°07'43"- EAST, 183.26 FEET TO ENGINEER'S STATION 35+13.47; THENCE LEAVING SAID
CENTERLINE, SOUTH 10°52'17" EAST, 517.50 FEET; THENCE NORTH 79°07'43" EAST, 75.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 10°52'17" EAST, 255.50 FEET; THENCE NORTH
79°07'43" EAST, 414.9Z FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE,
ALTA Loan Policy - 1970 (Rev. 10-17-70)
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EXHIBIT "A" ^''e No" 03204434
. • • ' , (continued) -938?
CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH CENTRAL
ANGLE OF 45°00'00", A DISTANCE OF 39.27 FEET; THENCE TANGENT TO SAID CURVE SOUTH
55°52'17" EAST, 78.82 FEET TO A POINT ON THE ARC OF A NON-TANGENT 48.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH
55°52'17" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 32°58'23", A DISTANCE OF 27.62 FEET; THENCE LEAVING SAID CURVE, NORTH 10°52'17"
WEST, 462.87 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 367.50 FEET (MEASURED
AT RIGHT ANGLES) SOUTHERLY OF SAID CENTERUNE OF RUNWAY; THENCE ALONG SAID PARALLEL
LINE SOUTH 79°07'43" WEST., 472.28 FEET; THENCE SOUTH 10°09'43" WEST, 160.71 FEET TO THE
TRUE POINT OF BEGINNING.
County Legal Description No. 91-0318-A1 (Formerly 87-0150-A2)
Assessor Parcel No. 760-221-47
PARCEL Bl:
NON-EXCLUSIVE EASEMENTS FOR THE USE OF ALL PUBLIC AIRPORT FACILITIES AT THE AIRPORT
INCLUDING, BUT NOT LIMITED TO, TAXIWAYS, RUNWAYS, APRONS, NAVIGATIONAL AIDS AND
FACILITIES RELATING THERETO, FOR THE PURPOSE OF LANDINGS, TAKEOFFS AND TAXIING OF
LESSEE'S AND LESSEE'S CUSTOMERS' AIRCRAFT, AS WELL AS THE NON-EXCLUSIVE USE OF THE
ACCESS ROAD FOR INGRESS TO AND EGRESS FROM THE PREMISES, AS CREATED BY AND
DESCRIBED IN SECTION 2.1 OF THAT CERTAIN AMENDED AND RESTATED AVIATION LEASE
EXECUTED BY THE COUNTY OF SAN DIEGO, AS LESSOR, AND SCIF PALOMAR, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, AS LESSEE (COUNTY AWARD NO. 1.04566 , AS DISCLOSED BY THAT
CERTAIN LEASE DATED JUNE 22, 2005.
ALTA Loan Policy - 1970 (Rev. 10-17-70)
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