HomeMy WebLinkAboutCT 2017-0003; Woodside 05S, LP; 2024-0272361; 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# 2024-0272361
111111111111 lllll 111111111111111 lllll 1111111111 11111111111111111111111
Oct 09, 2024 01 :24 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. : 223-050-73-00 --------------PROJECT ID: CT 2017-0003
PROJECT NAME: La Cost a Town Square Parcel 3
Residential
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 536-18) for development t o occ ur
on property more particularly described as (see attached, Exhibit "A"), and other good and va luable
consideration, receipt of which is hereby acknowledged, I/(We) Woodside 055, LP., a California limited
partnership, 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 co nstruction, 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, compact ion, 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 liabl e 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 ca used 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 t o insure
slope stability to the satisfaction of the City Engineer. Th e owners agree to re pair any damage to public
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GEOLOGICAL FAILURE.doc 01/25/13
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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IN WITNESS WHEREOF, the undersigned has executed this instrument this \u""-"' day of
~y-<f" I 202.4 ,
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
Senior ssistant City Attorney
City of Carlsbad
OWNER(S}:
WOODSIDE 0SS, LP., a California limited partnership
By: WDS GP, INC., a Ca lifornia corporation
Its G eral Partner
By:
e President
(print name and t itle)
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.)
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CALIFORNIA 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 California
County of eiy-et'~\6U, }
On &Qttrover ll,&,'201~ before me, CQt-Hivi Noelani fu+er, Nom2 /,1.d;yt
Date } Here Insert Name and Title of the fficer
personally appeared A-nd.rie.w ( _ohn C )a rv( s
Name(s) of S/gner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed
to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capaclty(les). and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
CAITLIN NOELANI FOSTER
Notary Public • California :z
Riverside County !
. , Commission # 2 448 796
r. ,, ~•'• My Comm. Expires Jun 1, 2027
Place Notary Seal and/or Stamp 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.
Signature -+t--<~~-+--+---"'--n _____ _
~ryPublic
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: -------------------=,,.....ec::.... ______ _
Document Date: _________________ --:::;.,..-,,.:::..
Slgner(s) Other Than Named Above: --------;,,.,c_ _____________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: __________ c...._
o Corporate Officer -Tltle(s): --~,.£...---
□ Partner -□ Limited □ Gener
Signer's Name: ___________ _
□ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited □ General
□ Individual □ A ey In Fact
□ Trustee uardlan or Conservator
□ Individual □ Attorney In Fact
o Trustee o Guardian or Conservator
o Other: □ Other:
Signer ts Repre Signer Is Representing: ________ _
National Notary Association
4
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EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL A:
PARCEL 3 OF CITY OF CARLSBAD MINOR SUBDIVISION 04-08 RECORDED BY THE COUNTY RECORDER
OF THE COUNTY OF SAN DIEGO ON JULY 11, 2012 AS PARCEL MAP NO. 20982.
EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL
GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL
STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN
OR UNDER WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLAN PARALLEL TO
AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL
RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND
REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO
WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL,
WATER, OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF
THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO
RE -DRILL, RE -TUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES,
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE
SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS
RESERVED BY DAON CORPORATION IN DEED RECORDED JUNE 23, 1983 AS INSTRUMENT NO. 1983-
212476 OFFICIAL RECORDS.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN ACCESS UPON, OVER AND ACROSS THAT PORTION OF
LOT 17 OF CARLSBAD TRACT 01-09 LA COSTA TOWN SQUARE -COMMERCIAL, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
15998, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 5, 2014,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 17; THENCE
ALONG THE WEST LINE OF SAID LOT NORTH 34°57'39" WEST, 66.98 FEET, THENCE NORTH 32°50'49"
EAST, 16.68 FEET; THENCE NORTH 06°32'56" WEST, 48.93 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY LINE NORTH 25°34'23" EAST, 35.81 FEET TO THE BEGINNING OF A
25.00 RADIUS CURVE CONCAVE SOUTHEASTERLY, THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 47°36'14" A DISTANCE OF 20.77 FEET; THENCE NORTH
73°10'37" EAST, 8.38 FEET; THENCE NORTH 28°26'47" EAST, 70.22 FEET; THENCE NORTH 61 °55'24"
WEST, 29.70 FEET; THENCE NORTH 28°39'08" EAST, 6.75 FEET; THENCE NORTH 02°11'43" EAST, 56.00
FEET; THENCE NORTH 22°05'36" WEST, 119.23 FEET; NORTH 03°11'49" WEST, 86.40 FEET; THENCE
NORTH 21°19'10" WEST, 16.06 TO THE WESTERLY LINE OF SAID LOT 17 AND THE POINT OF
TERMINUS.
THE SIDELINES OF THE HEREINABOVE DESCRIBED 10.00 FOOT WIDE STRIP OF LAND TO BE
SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHERLY AND SOUTHERLY IN THE WESTERLY
LINE OF LOT 17.
PARCEL C:
AN EASEMENT FOR DRAINAGE PURPOSES OVER, UNDER, UPON AND ACROSS THAT PORTION OF LOT
15 OF CARLSBAD TRACT 01-09 LA COSTA TOWN SQUARE -COMMERCIAL, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 15998, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 5, 2014, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 OF TRACT NO. 04-08 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 20982 FILED IN THE OFFICE OF THE COUNTY OF SAID COUNTY JULY 11, 2012; THENCE ALONG
SAID WESTERLY LINE OF SAID PARCEL SOUTH 22°17'46" EAST, 191.06 FEET, THENCE SOUTH
13°16'26" EAST, 26.16 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF LA COSTA
AVENUE AS DEDICATED PER DOCUMENT NO. 77-281161, SAID POINT BEING THE BEGINNING OF A
NON TANGENT 958.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 13°16'26" WEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 16°24'20", A DISTANCE OF 274.31 FEET; THENCE LEAVING SAID
RIGHT OF WAY NORTH 26°29'00" WEST, 8.33 FEET, THENCE NORTH 12°29'49" WEST, 5.87 FEET;
THENCE NORTH 17°34'49" EAST, 70.57 FEET; THENCE SOUTH 89°45'39" EAST, 10.42 FEET, THENCE
NORTH 71°59'03" EAST, 132.73 FEET; THENCE SOUTH 75°09'31" EAST, 6.03 FEET; THENCE SOUTH
50°08'27" EAST, 35.79 FEET TO THE POINT OF BEGINNING.
APN: 223-050-73-00