HomeMy WebLinkAboutSDP 15-01; Rancho Costera LLC; 2016-0260171; Hold Harmless Agreement/ReleaseRECORDING 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# 2016-0260171
IIIII/I IIIII IIIII IIIII Ill/ IIIII/ IIIII /IIIII/III IIIII IIIII IIIII /Ill /Ill
May 27, 2016 08:44AM
OFFICIAL RECORDS
Ernest J. Dronenburg, JL,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PAGES: 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 208-010-44
Lot 341 of CT 13-03
PROJECT 10: SOP 15-01 ----------------------PROJECT NAME: Robertson Ranch Recreation
Center
RELATED PROJECT 10: ----------------------
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 480-38) and
improvement plans (n/a) for development to occur on property more particularly described as
Lot 341 of CT 13-03, APN: 208-010-44 (see attached Exhibit "A") and other good and valuable
consideration, receipt of which is hereby acknowledged, 1/(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.
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IIFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 15\SDP 15-01 Robertson Ranch West Village\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE
(DWG 480-3B).doc 01/25/13
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
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.
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(DWG 480-3B).doc 01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this
2~ day of _AL...:....f'-p_n_'\ ____ , 2ol6 .
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By: 1\ /)l) i/) LX lfo~-p ¥
Assistant City Attorney
OWNER(S)
Rancho Costera LLC,
a Delaware limited liability company
By:
(sign here)
Greg Deacon, Assistant Vice President
(print name and title)
Date: lf/2f8/2of~.
(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.)
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(DWG 480-3B).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.
State of California1
County of , ..);;_,. .. ..cl t'·~~ 0
Date
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(:il) whose name¢){i~/9re
subscribed to the within instrument and acknowle~ged to me that(balispre/t~,e/Y executed the same in ~/l)er/t~ir authorized capacity(i.~). and that by(!}[§;Y~!1fr/tt;!Bir signature(Jij on the instrument the person(~},
or the entity upon behalf of which the personC~ acted, executed the instrument.
i""1''""...,"~-y-.."' ~'"•"'""'""'Y"./v·.,,,~,............_ ... .,.._,._,._,..,..., . ._,~-r .. ·v·~·v·., .... , ..._ ••• ~"v""""•"'~"'·' .. ·.;v-..... , ........... , --~··"·!'-"'•'"""' l JESSICA MARIE EVANS ~
~ COMM. #2092647 ~
fl. NOTARY PUBLIC-CALIFORNIA :l::
~ RIVERSIDE COUNTY {
{ . My Comm. Expires December 7, 201 B t )ft,iv'~..._·VVV'IV\.f•A..IvVVV'>,A-"\"'-J'<.I"Y'>.NV>,AN'VV\I'>./V<,,.',,.."•t"<r4",1V>.,Ai.,,.."'v'V''I'.,~."'V!vV'ol>,i>)'.,•
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.
--------------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
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Corporate Officer -Title(s): ______ _
D Partner -D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other:-~~-~~~~~~~~~
Signer Is Representing: ---------~
Named Above:
Signer's Name:
D Corporate Officer -Title(s): ~~~~~~
D Partner -D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other: --------------~----
Signer Is Representing: -------~
@2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
4
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(DWG 480-3B).doc 01/25/13
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EXHIBIT A
(
Order Number: Nf-:ISC~4512705 (rh)
Page Number; 1l
lEGAL DESCR.IPT[ON
Real property In the City of Carlsbad, County of San Diego, State of California, described as
follows:
A PORTION OF PARCEL 1 OF CERTIFICATE OF COMPUANCE CE 13-07, RECORDED FEBRUARY
19, 2014 AS INSTRUMENT NO. ~.Q!1-j).Q.§Z~?~ OF OFFICIAL RECORDS, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT TilE NORTHEAST CORNER OF PARCEll OF SAID CERTIFICATE OF
COMPUANCE, HEREON REFERRED TO AS REC li THENCE 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 UNE OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED MAY 11,
2009 AS DOCUMENT NO, ?.Q9~:..0.~1Z§~.:li THENCE ALONG THE NORTHEASTERlY UNE OF SAID
LAND, NORTH 60°03'58" WEST 26.09 FEET TO THE NORTHERN POINT OF SAID LAND; THENCE
ALONG THE NORTHWESTERLY LINE OF SAID LAND, SOUTH 37°29'5411 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°48'20" 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. ~QQ?-013~_~1§ OF
OFFICIAL RECORDS AND ACCEPTED BY A RESOLUTION RECORDED JULY 20, 2011 AS
DOCUMENT NO. 2011-o368561 OF OFFICIAL RECORDS, HEREON REFERRED TO AS REC 4i
THENCE ALONG THE 'E!CiUNbARY OF SAID REC 4, SOUTH 00°08'16" EAST 44.78 FEET, SOUTH
18°45'11" WEST 24.61 FEET, SOUTH 18°09'31" WEST 38.98 FEET, SOUTH 15"31'28" WEST
44.23 FEET, SotJrH 15°10'38" WEST 29.09 FEET, SOUTH 19"31'13" WEST 37.42 FEET, SOUTH
19°07'341' WEST 53.80 FEET, SOliTH 14°46'21" WEST 24.34 FEET, SOUTH 19°58'08" WEST
24.56 FEET, SOUTH 27°25'50" WEST 25.25 FEET, SOUTH 33°03'11" WEST 24.91 FEET, SOUTH
32°17'19" WEST 96.78 FEET, SOUTH 15°12'28" WEST 17.77 FEET, SOUTH 08"38'23" WEST
16.96 FEET, SOUTH 02°15'56" WEST 21.18 FEET, SOUTH 04°18'02" EAST 20.65 FEET, SOUTH
14°14'32" EAST 17.42 FEET, SOUTH 29°19'05" EAST 12.21 FEET, SOUTH 43°06'27" EAST 20.44
FEET, SOUTH 53°39'29" 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°16151" 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. fQQ~:
04.~~21Z OF OFFICIAL RECORDS, HEREON REFERRED 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°321571' 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, SOUTii 47Q17'11" EAST 71.12 FEET TO A
POINT ON THE EAST UNE OF REC 1; THENCE ALONG SAID EAST LINE, SOUTH 25Q45'09" WEST
90.12 FEET, SOUTH 23°38'10" WEST 109.80 FEET TO THE SOUTHEAST CORNER OF REC 1;
THENCE ALONG THE SOUTH UNE OF REC 1, NORTH 82"41'45" WEST 72.17 FEET, SOUTH
32°50'45" WEST 16.78 FEET TO TilE BEGINNING OF A NON-TANGENT 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
First American Title
(
Order Number: NHSC-451270~ (rh)
Page Number: 12
OF 476.75 FEET; THENCE NORTH 60°25'37" WEST 449.43 FEET TO THE BEGINNING OFA
TANGENT 2045.09~FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG
SAID CURVE ll-IROUGH A CENTRAL ANGLE OF 31 °40'36" AN ARC DISTANCE OF 1130.65 FEET;
ll-IENCE SOUTH 87°53'47" WEST 761.88 FEET TO THE BEGINNING OF A TANGENT 1555.07-
FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESfERLYALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 43°01'37" AN ARC DISTANCE OF 1157.80 FEET; THENCE
NORTH 49°04136" WEST 511.31 FEET TO THE BEGINNING OF A TANGENT 2045.09-FOOT
· RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL 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 FEIT1 NORTH 42°43'42"
EAST 92.% FEET, NORTH 48"33'11" EAST 92.75 FEET, NORTH 63°32'50" EAST 92.35 FEET,
NORTH 47°45'28" EAST 94.49 FEET, NORTH 78°10'09" EAST 93.72 FEET, NORTH 77°37'25"
EAST 91.01 FEET, NORTH 77°03'12" EAST 89,97 FEET, NORTH 64°38'40" EAST 96.25 FEET,
NORTH 85°05'13" EAST 95.38 FEET, NORTH 89°38'33" EAST 100.00 FEET, NORTH 8S0 57'30n
EAST 100.13 FEET, NORTH 85°59'03" EAST 105.46 FEET1 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 54°42'29" EAST 104.85 FEET, NORTH 55"38'48n EAST 99.66 fEET1
NORTH 58°26'48" EAST 100.12 FEET, NORTH 58°21'19" EAST 100.18 FEET, NORTH 55°29'19"
EAST 99.96 FEET, NORTH 52"36'33" EAST 100.20 FEET, NORTH 51°40'56" EAST 103.75 FEET1
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, SOliTH 89°18'59" EAST 1686.99 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 LINE ALSO BEING THE SOlffif LINE OF SAID LOT 140 OF MAP NO. 2~?.-~; THENCE
EASTERLY ALONG SAID LINE, SOUTH 89"18'59" EAST 346.33 FEET TO THE POINT OF
BEGINNING.
APN: 208-010-44-00
Rrst American Title