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HomeMy WebLinkAboutCDP 08-13; Geiser Trusts; 2012-0271040; Hold Harmless Agreement/ReleaseDOCtt 2012-0271040 llllllllllllllllllllllllllllllllllllllllllllllli RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY MAY 08, 2012 3:34 PM OF CARLSBAD OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED MAIL TO: Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk PAGES: 8 CITY OF CARLSBAD 1 iiitii mil mil mil mil iiiii iiiii mil iiiii mil mil mil mil mil mil mi iiii 1200 Carlsbad Village Dr. lliliililiiiiiiiilii Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 211-040-21 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME CDP 08-13 Green Dragon Colonial Village RELATED PROJECT ID: Parcel B HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 464-7A) and improvement plans (DWG 464-7) for development to occur on property more particularly described as (see attached, Exhibit A), and other good and ^luable consideration, receipt of which is hereby acknowledged, l/(We) Jane M.^^eT^nd'^ne 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 Bn urraivided 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 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 Q:\CED\LandDev\PROJECTS\CDP\CDP 08\CDP 08-13 Green Dragon Colonial Village - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE parcel B (GAISER).dOCX 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 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 /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDe\APROJECTS\CDP\CDP 08\CDP 08-13 Green Dragon Colonial Village - LevyVB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE parcel B (GAISER).dOCX 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 day of m^AXHy , 20J^. OWNER(S): Jane M. 'Gaioer'and Mane 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: Q^A^^ By: 7^^^ Tj (Sign Here) (Sign Here) Jane M. Carter, Trustee of the James Diane M. Gaiser, Trustee of the James and Dorothy Gaiser Trust, dated April 11, and Dorothy Gaiser Trust, dated April 1978, and restated April 20,1992 11, 1978. and restated April 20, 1992 (Print Name and Title) (Print Name and Title) Date: ^l^jl^ Date: ^/il/./^ By: Q^^uy^Y\aAJA/J^ By"%^ 1%,I^^JL^^^±^ [) (Sign Here") (Sign Here) ^ Jane Marie Gaiser, Trustee under the Diane Michelle Gaiser, Trustee under Jane Marie Gaiser Trust, dated February the Diane Michelle Gaiser Trust, dated 28, 1988 December 19,1988 Date: (Print Name and Title) (Print Name and Title) ^/^^//^ Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney (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 Q:\CED\LandDev\PROJECTS\CDP\CDP 08\CDP 08-13 Green Dragon Colonial Village - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE parcel B (GAISER).dOCX CALIFORNIA AtL-PURPOSE ACKNOWLEDGMENT State of California County of 0. On before me, _ Date personally appeared ] Here Insert Name and Trtje cf ttie Officer Name(s) of Signer{s) JOLENE F. JOHNSON r Commission # 1923232 1 Notary Public • California I Orange County |> My Comm. Expires Jan 27. 20151 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s^) whose name(^ is/a;4 subscribed to the within Instrument and acknowledged to me that h;^/she/th^y executed the same in l)i6/herAh^r authorized capacrty(i^), and that by fjTs/her/thj^r signature(50 on the instrument the person^), or the entity upon behalf of which the pexsonl^) 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 OPTIONAL Signature of Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) 6 Number of Pages: Signer's Name: • • • • • • • Other:. (ndividuaf Corporate Officer — Title(s): Partner — • Limited • General Attorney in Fact Trustee Guardian or Conservator RIGHT THUMBPRINT OF SIGNER Top of thunnb here Signer Is Representing:. Signer's Name: • Individual • Corporate Officer — ritle(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator O Other: _. Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of tliumb here ©2007 Natior»al Notary Association • 9350 De Soto Ave., P.O. Box 2402 • C3iat$wofth, GA 91313-2402• www.NatjonalNotaryorg Item #5907 Reorder: Call Tdl-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S>cta ^^Q } On 3 f^^ //A before me, H^CVP^ ClcLpAo .c^A^CrfgfY Date , *^ Here Insert Nartie and Title of the Officer * personally appeared Nam6(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) rs/ai«-subscribed to the within Instrument and acknowledged to me that J:»©/she/they executed the same in Nie/her/thetr authorized capacity (res), and that by Ws/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ! certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Atrove WITNESS my hand and official^eal Signature. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prow valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attaclied Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity{ies) Claimed by Signer(s) Number of Pages: 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 Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator O Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 f*lational Notary Assodatlon* 9350 De Soto Ave., P.O. Box 2402 •Otateworth.CA 91313-2402'www.NatjmalNotary.org ltem#5907 Reottter: Call Toil-Ftse 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. 1 vdS9E^ MARY CLARNO I ^^^^ COMM.#17fi47(». Signature / \ V-SW-^ jf '^•SSSS^^gg' I 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 LINE 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 LAND 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 RLE 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 lAHD; 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, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 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; 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 OFFICIAL RECORDS AND THE TRUlPQINTpF 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 OFRCIAL 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 SOUTH 12_DEGREES 40'15" EAST 257.3,0 FE_ET; THENCE SOUTH 22 DEGREES 53'46" EAST 46.80 FEET TO THE NORTH LINE OF THAT PARCEL OF IJVND DESCRIBED IN DEED TO P. A. HORTON, ET UX, RECORDED IN THE OFFICE OF COUNTY 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])