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Home My WebLink AboutCT 00-20; H G Fenton Company; 2006-0065487; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2006-0065487 JAN 30, 2006 8:34 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES. 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE 212-020-23ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Fox-Miller CT 00-20 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 418-6A) and improvement plans (DWG 418-6) for development to occur on property described as (see attached) more particularly described as (APN No. 212-020-23), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Fenton Carlsbad Research Center, LLC, a California limited liability company, 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 1 H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this 5 day of t>ec-e«Aeir ? 20oS . PROPERTY OWNERS Fenton Carlsbad Research Center, LLC, a California limited liability company By: H. G. Fenton Company, a California corporation its Manager By: f / / (sign here) Allen M. Jones, Vice President Date: (print name and title) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Date: ' (sigXhere) Michael P. Neal, President/CEO (print name and title) )eputy City Attor (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, 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.) H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 State of California County of San Diego On ~DeC.S,900t before me, (Date) personally appeared 6flk/l ffl. JpfleS ^1 (Namfe, Title of Officer) P (Namefs] of Signer[s]) _, ^Impersonally known to me -OR - n (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 4&*are subscribed to the within instrument and acknowledged to me that ho/sho/they executed the same in fcie/bes/their authorized capacity(ies), and that by •his/hen'their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal CLARE CHAVEZ CommWon f 1466993 Notary Pubte - Ccifomta Son Dtego Courty MyC£imm.EiolflUDn29.200B Signature of Notary (This area for official notary seal) Title or Type of Document [\0\d \hww\\e*-. Date of Document s;%ff^£ffl^-6«££fcW<MJ f^ifurt(J (j No. of Pages 2- Signer(s) other than named above Hi/Development Services/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 EXHIBIT "A" THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF THE COUNTY ROAD, KNOWN AS EL CAMINO REAL, SURVEY NO. 682, SHEET 3 THEREOF, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 5, 1938 IN BOOK 743, PAGE 64 OF OFFICIAL RECORDS, SAID POINT BEING ALSO THE CENTER POINT OF A 4 BY 4 CONCRETE BOX CULVERT ACCURATELY LOCATED AND STATIONED 150 PLUS 28.97 ON THE CENTER LINE OF SAID COUNTY ROAD, SAID POINT ALSO BEING NORTH 79° 37' 20" WEST, A DISTANCE OF 1011.60 FEET FROM THE PROPERTY LINE ANGLE POINT NO. 8 OF LOT "B" OF RANCHO AGUA HEDIONDA, RECORD OF SURVEY MAP NO. 517, SAID POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO VISTA BRICK COMPANY, RECORDED FEBRUARY 1, 1960, AS FILE NO. 20485; THENCE ALONG THE NORTHERLY LINE OF SAID LAND AND THE PROLONGATION THEREOF, BEING ALONG SAID CENTER LINE OF EL CAMINO REAL, SOUTH 75° OO1 00" EAST 675.10 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 325.00 FEET EASTERLY, AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID VISTA BRICK COMPANY LAND, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 00° 32' 00" EAST, 1336.95 FEET; THENCE SOUTH 32°40'27" EAST A DISTANCE OF 915.46 FEET PER RECORD OF SURVEY 6888, RECORDED JULY 6, 1967 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY (RECORD SOUTH 27° 50' 00" EAST, 827.10 FEET PER GRANT DEED RECORDED JANUARY 15, 1964 AS FILE NO. 8704 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALSO RECORD SOUTH 32°41'07" EAST A DISTANCE OF 915.53 FEET PER RECORD OF SURVEY 8467, RECORDED FEBRUARY 28, 1980 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALSO RECORD SOUTH 33°08'52" EAST A DISTANCE OF 915.12 FEET PER CERTIFICATE OF COMPLIANCE RECORDED MARCH 9, 1981 AS FILE NO. 81-065866 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALSO RECORD SOUTH 32°40'39" EAST A DISTANCE OF 915.24 FEET PER MAP NO. 12815 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; SAID COURSE ALSO BEING ALONG A PORTION OF THE EASTERLY PROPERTY LINE OF LOT 80 OF SAID MAP NO. 12815); THENCE LEAVING SAID PROPERTY LINE OF SAID LOT 80 NORTH 68° 00' 00" EAST, 1428.00 FEET TO SAID CENTER LINE OF EL CAMINO REAL; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH 21° 47' 00" WEST, 970.78 FEET, MORE OR LESS, TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 400.00 FEET NORTHWESTERLY ALONG SAID CURVE 409.22 FEET THROUGH AN ANGLE OF 58° 37' 00"; THENCE TANGENT TO SAID CURVE NORTH 80° 24' 00" WEST, 313.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 500.00 FEET; NORTHWESTERLY ALONG SAID CURVE 237.95 FEET THROUGH AN ANGLE OF 27° 16' 00"; TANGENT TO SAID CURVE NORTH 53° 08' 00" WEST 138.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 600.00 FEET; NORTHWESTERLY ALONG SAID CURVE 228.99 FEET THROUGH AN ANGLE OF 21° 52' 00" AND TANGENT TO SAID CURVE NORTH 75° 00' 00" WEST, 340.43 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THOSE PORTIONS OF SAID LOT "F" WHICH LIE NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE ABOVE DESCRIBED LAND, EASTERLY OF THE WESTERLY LINE OF SAID LAND AND THE NORTHERLY PROLONGATION THEREOF, AND NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID LAND AND THE NORTHEASTERLY PROLONGATION THEREOF. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE COMMON BOUNDARY LINE OF SAID LOTS "F" AND "B" WHICH POINT IS 66.50 FEET NORTHERLY ALONG SAID BOUNDARY LINE FROM THAT BOUNDARY ANGLE DESIGNATED AS BOTH POINT 18 OF LOT "G" AND POINT 5 OF LOT "B" ON MAP 823; THENCE SOUTH 68° 00' 00" WEST A DISTANCE OF 465.60 FEET; THENCE AT RIGHT ANGLES NORTH 22°00' 00" WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 68° 00' 00" EAST TO AN INTERSECTION WITH THE COMMON BOUNDARY OF LOTS "F" AND "B"; THENCE SOUTHERLY ALONG SAID COMMON BOUNDARY TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 68443-A OF DEED TO THE COUNTY OF SAN DIEGO RECORDED NOVEMBER 24, 1969 AS FILE NO. 214743.