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HomeMy WebLinkAboutCDP 08-13; Geiser Trusts; 2012-0271039; Hold Harmless Agreement/ReleaseDOCtt 2012-0271039 llllllllllllllllllllll IIIII RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY MAY 08, 2012 3:34 PM OF CARLSBAD WHEN RECORDED MAIL TO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk PAGES: 8 CITY OF CARLSBAD 1 iiiiii IIIII IIIII IIIII IIIII mil IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII nil nil 1200 Carlsbad Village Dr. llliiliillllllliilllllliiliilliillillllllll Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 211-050-04-00 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME CDP 08-13 Green Dragon Colonial Village RELATED PROJECT ID: Parcel B HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 464-7) for development to occur on prooerty more particularly described as (see attached, Exhibit A), I/We, Jane M. Goioerand Diane M. Gaiser, Trustees of the James and Dorothy Gaiser Trust, dated April 11, 1978, and restated April 20, 1992 as to a fifty percent (50%), undivided, tenants in common interest with Diane Michelle Gaiser, Trustee under The Diane Michelle Gaiser Trust dated December 19, 1988 as to an undivided, twenty-five (25%) tenants in common interest with Jane Marie Gaiser, Trustee under The Jane Marie Gaiser Trust, dated February 28, as to an undivided twenty-five (25%) tenants in common interest, 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 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. 1 Q:\CED\LandDev\PROJECTS\CDP\CDP 08\CDP 08-13 Green Dragon Colonial Village - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE parcel B (GAISER).dOCXdocx 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 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 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\CDP\CDP 08\CDP 08-13 Green Dragon Colonial Village - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE parcel B {GAISER).dOCXdocx 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 ^HAAJ'Z^ day of ^/kA , 20_|_2i. OWNER(S): Jane M. Gaiser and Diane M. Gaiser, Trustees of the James and Dorothy Gaiser Trust, dated April 11, 1978, and restated April 20, 1992 as to a fifty percent (50%), undivided, tenants in common interest with Diane Michelle Gaiser, Trustee under The Diane Michelle Gaiser Trust dated December 19, 1988 as to an undivided, twenty-five (25%) tenants in common interest with Jane Marie Gaiser, Trustee under The Jane Marie Gaiser Trust, dated February 28, as to an undivided twenty-five (25%) tenants in common interest By: in tdjdcpyJlCuJ By: ^ju^ 7/1. ^^MeTjUx^ (Sign Here) ^ ~ ' (Sign Here) Date: Jane M. Carter, Trustee of the James and Dorothy Gaiser Trust, dated April 11, 1978, and restated April 20,1992 (Print Name and Title) Diane M. Gaiser, Trustee of the James and Dorothy Gaiser Trust, dated April 11, 1978, and restated April 20, 1992 (Print Name and Title) Date: (Sign Here)"^ (Sign Here) Date: Jane Marie Gaiser, Trustee under the Jane Marie Gaiser Trust, dated February 28, 1988 (Print Name and Title) Diane Michelle Gaiser, Trustee under the Diane Michelle Gaiser Trust, dated December 19, 1988 (Print Name and Title) Date: 3//X APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorne (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. OthenA/ise, 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.) Q:\CED\LandDev\PROJECTS\CDP\CDP 08\CDP 08-13 Green Dragon Colonial Village - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE parcel B (GAISER).dOCXdocx CALIFORNIA ALL-PURPOSE ACKNOWLEOGMENT State of California County of _^ before Dale personally appeared JIJM^^ } re me, CWiA^ -^Lg^l^ac^ y ^ Here Insert NMiia and Title of fte Officer / ^ Nanrte(s) of Signer(s) JOLENE F. JOHNSON Commission # 1923232 C Notary Public - California 1 Orange County g My Comm. Expires Jan 27, 20151 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(j() whose name(^) is/^e subscribed to the within instrument and acknowledged to me that l^/she/tl?€y executed the same in tjTs/herAW^ir authorized capacity(l<^), and that by tvfe/her/their signature^ on the instrument the person^, or the entity upon behalf of which the person(^ 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. Slgnature^<S^g-e>- /^^r^^g^ u OPTIONAL Signature of NoJ Though the Information below is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: , Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty{ies) Claiined by Signer(s) Signer's Name: n Individual • Corporate Officer —Title(s): • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Assodatlon* 9350 De Soto Ave., P.O.Box 2402 •C3iatew««1h, CA 91313-2402• www.NationalNotaryorg Item #5907 Reorder CadToll-FtBe 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sqg P'"^0 } Date personally appeared On ^(^HIIX before me, ^Here Insert Name andHltle of tlie Officer Name(s) of Signer<s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/af^subscrifc>ed to the within instrument and acknowledged to me that he/she/they executed the same in hts/her/theif authorized capacity(ies), and that by his/her/theif 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^nd official seal Place Notary Seal Above Signature. aiKt^nd offidaf>seaL Signature of Notary Public OPTIONAL Though the infonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(ies) Ciaiined by Signer(s) Signer's Name: • Individual • • • • • Corporate Officer — Title(s): Partner — • Limited • General Attorney in Fact Trustee Guardian or Conservator Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Individual • Corporate Officer — Tltle(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 Nationat Notary Association • 9350 De Soto Ave., RO. Box 2402 •Chat»«>rth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder Call Toll-Ftee 1 -800-876-6827 state of California ) ) County of San Diego ) On March 24, 2012, before me MARY CLARNO, a Notary Public, personally appeared JANE MARIE GAISER, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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_ WARYOARNO | SANweeo.ccwNjv 2 MyC(MninisiicmE)ipi^ • EXHIBIT "A" Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 1 OF PARCEL MAP NO. 6022, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 8, 1977 AS FILE NO. 77-224223 OF OFFICIAL RECORDS. PARCEL B: THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1895 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID RANCHO AGUA HEDIONDA, WITH THE EASTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS SAID RIGHT OF WAY WAS CONVEYED TO THE CALIFORNIA SOUTHERN RAILROAD COMPANY, BY DEED RECORDED MARCH 10, 1881, IN BOOK 38, PAGE 171 OF DEEDS; RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY RANCHO IINE NORTH 89 DEGREES 59' EAST 1410.27 FEET; THENCE NORTH 0 DEGREES 01 WEST 1558.90 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THAT PARCEL OF [AHD DESCRIBED IN DEED TO P.A. HORTON AND WIFE, RECORDED MARCH 10, 1944, RECORDER'S FILE NO. 17399 IN BOOK 1641, PAGE 437 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID LAND, SOUTH 89 DEGREES 59' WEST 863.24 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DOCUMENT OF LIS PENDENS, SUPERIOR COURT NO. 290999, RECORDED APRIL 13, 1965, RECORDER'S FILE NO. 65613 OF OFFICIAL RECORDS BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE SOUTH 22 DEGREES 53'46" EAST 303.77 FEET TO AN ANGLE POINT; THENCE LEAVING SAID EASTERLY LINE, NORTH 88 DEGREES 46'15" EAST 227.69 FEET TO THE SOUTHERLY TERMINUS OF THE WESTERLY LINE OF THE PUBLIC STREET DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED OCTOBER 8, 1968, RECORDER'S RLE NO. 175309 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID WESTERLY LINE BEING ALONG THE ARC OF A 2042 FOOT RADIUS CURVE, CONCAVE EASTERLY, A DISTANCE OF 272.09 FEET TO THE SAID NORTHERLY LINE OF HORTON U\ND; THENCE WESTERLY ALONG SAID NORTHERLY LINE, 327.98 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: THE SOUTHERLY 120.00 FEET (MEASURED ALONG THE EASTERLY LINE THEREOF) OF THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, RLED IN THE OFFICE OF COUNTY RECORDFR OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 DESCRIBED AS FOLLOW?- BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID RANCHO AGUA HEDIONDA, WITH THE EASTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE EASTERLY ALONG SAID SOUTHERLY LINE 292.56 FEET" THENCE NORTHERLY AT RIGHT ANGLES 1558.90 FEET TO THE NORTHEAST CORNER OF EXfflBIT "A" (cont'd) THAT PARCEL OF LAND CONVEYED TO CARLSBAD INDUSTRIAL DEVELOPMENT BY DEED RECORDED DECEMBER 4, 1956 IN BOOK 6367, PAGE 141 OF OFFICIAL RECORDS AS MARKED BY A " 3/4 INCH IRON PIPE WITH TAG STAMPED R.E. 9822, BEING AT COORDINATES Y EQUALS 348,772.09 FEET AND X EQUALS 1,672,277.16 FEET; THENCE ALONG THE NORTHERLY LINE OF THAT PARCEL OF U\ND DESCRIBED IN DEED TO P. A. HORTON, RECORDED IN BOOK 1641, OP 437 OF OFFICIAL RECORDS, SOUTH 89 DEGREES 26'41" EAST 594.57 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN PARCEL 3 OF DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 18, 1965 AS RLE NO. 108756 OF OFRCIAL RECORDS AND THE TRUIPQINIOF BEGINNING;:THENCE ALONG THE WEST LINE OF SAID PARCEL 3, NORTH 2 DEGREES 09'37" EAST 471.60 FEET TO THE SOUTH LINE OF PALOMAR AIRPORT ROAD, AS DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED DECEMBER 7, 1959 AS DOCUMENT NO. 251738 IN BOOK 8030, PAGE 216 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTH LINE NORTH 87 DEGREES 50'23" WEST 280.02 FEET TO AN ANGLE POINT IN THE EASTERLY LINE OF LAND DESCRIBED IN PARCEL 2 OF DEED TO THE STATE OF CALIFORNIA, ABOVE DESCRIBED; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 73 DEGREES 05'57" WEST 165.57 FEET TO A POINT BEING AT COORDINATES Y EQUALS 349,200.02 FEET AND Y EQUALS 1,672,451.25 FEET;. THENCE SOUTH 02 DEGREES 25'02" EAST 136.57 FEET; THENCE S0UTHJ2 DEGREES 40'15" EASJ 257.1,0 FEET; THENCE SOUTH 22 DEGREES 53'.46" EAST 46.80 FEET fo THE NORTH LINE OF THAT PARCEL OF IA.ND DESCRIBED IN DEED TO P. A. HORTON, ET UX, RECORDED IN THE OFFICE OF COUNT/ RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1944 UNDER RECORDER'S FILE NO. 17399 IN BOOK 1641, PAGE 437 OF OFRCIAL RECORDS; THENCE ALONG SAID NORTH LINE, SOUTH 89 DEGREES 26'41" EAST TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 12.00 FEET. APN: 211-040-21-00 (Affects: Parcel A [Fee Interest]); 211-050-04-00 (Affects: Parcel B [Leasehold Interest]) and 211-050-16-00 (Affects: Parcel C [Leasehold Interest])