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HomeMy WebLinkAboutSDP 16-13; Affirmed Housing Group Inc; 2020-0473977; Hold Harmless Agreement/ReleaseDOC# 2020-0473977 111111111111111111111111 1111111 1111 111111 111111 1111 11111111 Aug 21, 2020 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $104.00 (SB2 Atkins: $75.00) PAGES: 6 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-111-02 PROJECT ID: SDP 16-13 PROJECT NAME: Oak Veterans Housing HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 523-5A) 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) Affirmed Housing Group, Inc., a Delaware Corporation, 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 damage to public improvements caused by any geological failure referred to in this agreement a \CED \ LandDev \ PROJECTS \SDP \SDP 16 \SDP 16-13 Oak Street Veterans Housing - McLaughlin \ MA\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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. /// /// /// /// /// /1/ /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 C): \CED \ LandDev \ PROJECTS \SDP \SDP 16 \SDP 16-13 Oak Street Veterans Housing - McLaughlin \ B&A \ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 By: (sig ilverwood, President Jam IN WITNESS WHEREOF, the undersigned has executed this instrument this \ day of (3- , 2o Z-. OWNER(S) Affirmed Housing Group, Inc., a Delaware Corporation (print name and title) Date: 1. 11.26 By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: Ao.e.k RON KEMP Assistant City Attorney City of Carlsbad (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 a \CED landDev \PROJECTS \SDP \SDP 16 \SDP 16-13 Oak Street Veterans Housing - McLaughlin \B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 BRYNA GEARY Notary Public - California San Diego County Commission it 2248542 My Comm. Expires Jul 1, 2022 Place Notary Seal and/or Stamp Above OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attach ocument Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Nam Number of Pages: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 : A notary public or other officer completing this certificate verifies onlythe 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 San Diego On July 21, 2020 before me, Bryna Geary, Notary Public Date Here Insert Name and Title of the Officer personally appeared James Silverwood Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Signature Signature of No ry Pu c 0 Corporate Officer — Title(s): 0 Corporate Office Title(s): O Partner — 0 Limited 0 General 0 Partner — CI Limited General O Individual 0 Attorney in Fact o Individual 0 At • ey in Fact O Trustee 0 Guardian or Conservator o Trustee u Guardian Conservator O Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association EXHIBIT A LEGAL DESCRIPTION PARCEL A: ALL THAT PORTION OF LOT 1 OF THE SUBDIVISION OF TRACTS 114 AND 120 OF CARLSBAD LAND, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1744. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE CENTER LINE OF OAK AVENUE, DISTANT THEREON NORTH 55° 27 EAST 469.95 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF FIFTH STREET, THENCE CONTINUING ALONG THE SAID CENTER LINE OF OAK AVENUE, NORTH 66° 27' EAST A DISTANCE OF 90 FEET TO THE NORTHWESTERLY CORNER OF THAT TRACT OF LAND AS CONVEYED BY THE SOUTH COAST LAND COMPANY TO ROBERT W. AND MARY E. CHAMBERS, BY DEED DATED APRIL 13, 1925 AND RECORDED IN BOOK 1095. PAGE 20 OF DEEDS; THENCE ALONG •THE SOUTHWESTERLY LINE OF SAID CHAMBERS LAND, SOUTH 34° 33' EAST A DISTANCE OF 480 FEET TO A POINT ON THE CENTER LINE OF PINE AVENUE; THENCE ALONG THE SAID CENTER LINE OF PINE AVENUE SOUTH 55° 27' WEST, A DISTANCE OF 90 FEET; THENCE NORTH 34° 33' WEST A DISTANCE OF 480 FEET TO A POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEASTERLY 240 FEET. TOGETHER WITH THAT PORTION OF OAK AVENUE CONTIGUOUS AND ADJACENT NORTHWESTERLY TO THE ABOVE DESCRIBED LAND AS VACATED AND CLOSED BY A RESOLUTION OF THE CITY OF CARLSBAD RECORDED MARCH 3. 1961 AS FILE/PAGE NO. 38238 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF SAID VACATED STREET DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF OAK AVENUE, DISTANT ALONG SAID CENTER LINE NORTH 55° 59' 02" EAST, 554.35 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF HARDING STREET (FORMERLY FIFTH STREET); THENCE (1) SOUTH 34° 00' 58" EAST, 30.00 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHERLY 10 FEET OF OAK AVENUE, AS CLOSED TO PUBLIC USE BY THE CITY OF CARLSBAD BY RESOLUTION NO. 723, RECORDED MARCH 3, 1961 AS FILE/PAGE NO. 38238 OF OFFICIAL RECORDS; THENCE (2) SOUTH 79° 00' 58" EAST, 7.89 FEET TO THE NORTHEASTERLY LINE OF SAID AAPODACA'S LAND THENCE (3) ALONG SAID NORTHEASTERLY LINE, NORTH 34° 01' 26" WEST, 35.58 FEET TO SAID CENTER LINE OF OAK AVENUE; THENCE (4) ALONG LAST SAID CENTER LINE SOUTH 55° 59' 02" WEST, 5.58 FEET TO THE POINT OF BEGINNING. PARCEL A-1: AN EASEMENT FOR MAINTAINING A WATER PIPELINE OVER THE NORTHEASTERLY 3 FEET OF THE SOUTHEASTERLY 240 FEET OF THAT PORTION OF LOT 1 OF THE SUBDIVISION OF TRACTS 114 AND 120 OF CARLSBAD LAND, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1744, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE CENTER LINE OF OAK AVENUE, DISTANT THEREON NORTH 55° 27' EAST 469.95 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF FIFTH STREET THENCE CONTINUING ALONG THE SAID CENTER LINE OF OAK AVENUE, NORTH 56° 27' EAST, A DISTANCE OF 90 FEET TO THE NORTHWESTERLY CORNER OF THAT TRACT OF LAND AS CONVEYED BY THE SOUTH COAST LAND COMPANY TO ROBERT W. AND MARY E. CHAMBERS, BY DEED DATED APRIL 13,1925 AND RECORDED IN BOOK 1095, PAGE 20 OF DEEDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID CHAMBERS LAND, SOUTH 34° 33' EAST, A DISTANCE OF 480 FEET TO A POINT ON THE CENTER LINE OF PINE AVENUE; THENCE ALONG THE SAID CENTER LINE OF PINE AVENUE SOUTH 55° 27' WEST, A DISTANCE OF 90 FEET; THENCE NORTH 34° 33' WEST A DISTANCE OF 480 FEET TO A POINT OF BEGINNING. APN: 204-111-02-00 EXHIBIT "A" LEGAL DESCRIPTION (CONTINUED) PARCEL B: THE NORTHWESTERLY 63.44 FEET OF THE SOUTHEASTERLY 95.15 FEET OF LOT 4 IN BLOCK "B" OF THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927. APN: 204-192-05-00 PARCEL C: LOT 3, EXCEPTING THEREFROM THE SOUTHEASTERLY 68.27 FEET THEREOF, AND SOUTHEASTERLY 31.71 FEET OF LOT 4, ALL IN BLOCK "B" OF THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927. EXCEPTING THEREFROM THAT PORTION GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 7, 1967 AS FILE/PAGE NO. 16496 OF OFFICIAL RECORDS. APN: 204-192-06-00