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HomeMy WebLinkAboutCT 02-06; Ocean View Carlsbad LLC; 2018-0089151; 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# 2018-0089151 11111111111111111111111111111111111111111111111 IIIII IIIII 1111111111111 Mar07, 2018 11:46AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-010-03-00 ® PROJECT ID: _C_T_0-2--0-6 ______ _ PROJECT NAME: Kirgis Subdivision ------"'----------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 429-6A) 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, I/(We), Ocean View - Carlsbad, 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 I 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 Cit¥' 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 1 I\FILES01V\Departments\CED\LandDevlPROJECTSICTICT 02\CT 02-06 Kirgis -Jimeno-T,mCarroll\B & A (2018)\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE 2018.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 02\CT 02-06 Kirg1s -Jimeno-TimCarroll\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE 2018.doc 01/25/13 IN WITNESS WHEREOF, __ dayof 1eb. 11 APPROVED AS TO FORM: CELIA BREWER City Attorney ByVJtl-(14: 7 RON KEMP Assistant City Attorney City of Carlsbad the undersigned , 20/9. OWNER(S) has executed this instrument this Ocean View -Carlsbad, LLC, a California limited liability company By: ~ . _. '/yj( (~ here) Gayl Hynek, Member (print name and title) Date: dl 19/le> By: (print name and title) Date: d-11~/1i I I (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 \IFILES01V\Departments\CED\LandDev\PROJECTSICnCT 02\CT 02-06 Kirgis -Jimeno-TimCarroll\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE 2018.doc 01/25/13 CALIFORNIA ALL-PURPOSE 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 L f) I County of ::;a vl IC( \..... O(Q__ ) I On r-=e\? l'f' 1 1.-01£? before me, W°"::JJ,-,J f\/\, bA#D'-'/ Nd"lf¼ Atl)/t~ Date Here Insert Name and -i1t1e of the Officer personally appeared ____,,G~o/+-=L'----------'/_4---'1~_,,,-;.,_' .,_,tK'--'---~t-+-'{?2...L.Fp.,.._1-+lt-,.lp>L__,l'-"½----1-=M'-"l?f<.___._ _____ _ 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. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myl\'.:and official seal./ ~. Signature ___ ~'-+------,A-_______ _ ---------------OPTIONAL ______________ _ Though this section is 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: _____________ Document Date: ________ _ Number of Pages: ___ Signer(s) Other Than Named Above: _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 02\CT 02-06 Kirg,s -Jimeno-TimCarroll\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE 2018.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION TI:IE LAND REFERRED TO HEREIN BELOW rs SITU A TED IN TI:IE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND rs DESCRIBED AS FOLLOWS: :eARCEL I: ALL THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE 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, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT POINT 5 OF SAID LOT "F"; THENCE ALONG THE NORTI:IERLY LINE OF SAID LOT "F" NORTH 87°25'01" WEST 1200 FEET; TI:IENCE AT RIGHT ANGLES SOUTH 2°34'59" WEST 740 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE SOUTH 87°25'0 I" EAST 1400 FEET MORE OR LESS TO A POINT IN A SIRAIGHT LINE WHICH CONNECTS POINTS 5 AND 14 OF SAID LOT "F"; THENCE NORTHERLY ALONG SAID SIRAIGHT -LINE TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TI:IEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A PORTION OF THAT EASEMENT FOR ROAD PURPOSES, CONVEYED TO HOWARD G. KIRGIS AND WIFE, BY AGREEMENT AND MUTUAL EASEMENT DEED RECORDED MARCH 26, 1964 AS FILE NO. 55458 OF OFFICIAL RECORDS; OVER ROAD NO. I, AND PORTIONS OF ROAD NO. 3 AND ROAD NO. 4, DESCRIBED IN SAID DOCUMENT AS FOLLOWS: ROAD NO. I: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 66 FEET WIDE IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN TI:IE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 66 FOOT STRIP BEING THE CENTER LINE OF A TRA YELLED HARD SURFACED ROAD AS SHOWN ON THE ATTACHED MAP ENTITLED "EXHIBIT "A" AND DESCRIBED APPROXIMATELY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF EL CAMINO REAL, ALSO KNOWN AS ROAD SURVEY NO. 682, ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, WITH THE NORTHEASTERLY PROLONGATION OF TI:IE CENTER LINE OF SAID TRA YELLED HARD SURFACED ROAD, BEING APPROXIMATELY ENGINEER'S STATION 100 PLUS 30, ACCORDING TO SAID MAP OF ROAD SURVEY NO. 682;THENCE SOUTHWESTERLY ALONG SAID PROLONGATION 20 FEET, MORE OR LESS TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID ROAD SURVEY NO. 682, BEING POINT "A" AS SHOWN ON EXHIBIT "A" ATTACHED, AND BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE SOUTHWESTERLY ALONG THE CENTER LINE OF SAID TRA YELLED ROAD, 740 FEET TO POINT "B" AS SHOWN ON SAID MAP EXHIBIT "A"; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CENTER LINE OF THE TRA YELLED ROAD TO A ROAD EXHIBIT A (Continued) JUNCTION AT POINT "C" AS SHOWN ON EXHIBIT "A", BEJNG AT OR NEAR THE NORTHEAST CORNER OF THE LAND DESCRIBED 1N DEED TO SAN DIEGO GAS AND ELECTRJC COMPANY, REGISTERED JUNE 16, 1953 AS DOCUJ½ENT NO. 30674, 1N THE OFFICE OF THE COUNTY REGISTRAR OF LAND TITLES FOR SAN DIEGO COUNTY AND BEJNG A POJNT ON OR NEAR THE NORTHERLY LINE OF SAID LOT "F". PORTION ROAD NO. 3: AN EASEMENT AND RlGHT OF WAY FOR ROAD PURPOSES OVER A STRJP OF LAND 50 FEET WIDE 1N LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, 1N THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 50 FOOT STRJP BEJNG THE CENTER LINE OF A TRAVELLED ROAD AS SHOWN ON THE ATTACHED MAP, EXHIBIT "A" AND DESCRIBED APPROXIMATELY AS FOLLOWS: BEGINNJNG AT POINT "C" AS SHOWN ON SAID EXHIBIT "A"; THENCE EASTERLY ALONG THE CENTER LINE OF SAID TRAVELLED ROAD BEING APPROXIMATELY ALONG THE NORTHERLY LINE OF SAID LOT "F"; THENCE SOUTHERLY ALONG SAID CENTER LINE 650 FEET TO POJNT "F"; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CENTER LINE TO A ROAD JUNCTION AT POINT "G" AS SHOWN ON SAID EXHIBIT "A". PORTION ROAD NO. 4: AN EASEMENT AND RlGHT OF WAY FOR ROAD PURPOSES OVER A STRJP OF LAND 50 FEET WIDE 1N LOT "F" OF RANCHO AGUA HEDIONDA, 1N THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDJNG TO MAP THEREOF NO. 823, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAN. DIEGO COUNTY, NOVE11BER 16, 1896, THE CENTER LINE OF SAID 50 FOOT STRlP BEJNG THE CENTER LINE OF A TRAVELLED ROAD AS SHOWN ONTHE ATTACHED MAP EXHIBIT "A", AND DESCRIBED APPROXIMATELY AS FOLLOWS: BEGINNJNG AT POJNT "G" AS SHOWN ON EXHIBIT "A"; THENCE NORTHEASTERLY AND NORTHERLY APPROXIMATELY 1450 FEET TO THE SOUTH LINE OF LAND DESCRIBED 1N PARCEL 1 DESCRIBED ABOVE. PARCEL 3: THAT EASEMENT AND RlGHT OF WAY FOR A WATER SUPPLY PIPE LINE AND PUBLIC UTILITIES IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, 1N THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, Aq'.ORDING TO MAP THEREOF NO. 823, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SANDIE GO COUNTY, NOVEMBER 16, 1896, CONVEYED TO HOWARD KIRGIS AND WIFE, BY MUTUAL EASEMENT AGREEMENT RECORDED OCTOBER 18, 1965 AS FILE NO. 189244 OF OFFICIAL RECORDS, SAID EASEMENT BEING DESCRIBED 1N SAID DEED AS FOLLOWS: A STRJP OF LAND 20 FEET IN WIDTH OVER PORTIONS OF SAID LOT "F" AND LOT "I", R. A.H. DESCRIBED AS FOLLOWS: THE SOUTHERLY TERMINUS OF SAID 20 FOOT STRJP SHALL BE AT THE SOUTHERLY BOUNDARY OF THAT 95.33 ACRE PARCEL OF LAND PRESENTLY HELD BY AGRARIA INVESTMENT CORPORATION SHOWN ON MAP OF RECORD OF SURVEY NO. 5431, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO EXHIBIT A (Continued) COUNTY, AND THE EASTERLY BOUNDARY OF SAID 20 FOOT STRIP SHALL BE THE EASTERLY LINE OF SAID 95 .33 ACRE PARCEL FOR A DISTANCE OF 1150 FEET NORTHERLY FROM SAID SOUTHERLY TERMINUS TO THE NORTHERLY LINE OF THAT CERTAIN ROAD EASEMENT SHOWN ON ROAD NO. 4 ON A MAP FILED AS AN EXHIBIT WITH A MUTUAL ROAD EASEMENT DEED AGREEMENT, RECORDED MARCH 26, 1964 AS DOCUMENT NO. 55458, SERIES 5, BOOK 1964 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE NORTHEASTERLY AND NORTHERLY ALONG SAID ABOVE DESCRIBED ROAD NO. 4, A DISTANCE OF APPROXIMATELY 850 FEET OVER THE LANDS PRESENTLY HELD BY IRWIN J. KELLY AND TITLE INSURANCE AND TRUST COMPANY, AS TRUSTEE FOR IRWIN J. KELLY, TO THE SOUTHERN BOUNDARY OF THAT 22 ACRE PARCEL DESCRIBED IN DEED FROM IRWIN J. KELLY TO HOWARD G. KIRGIS AND IDA B. KIRGIS, HUSBAND AND WIFE, RECORDED SEPTEMBER 24, 1957 AT A POINT APPROXIMATELY 425 FEET EASTERLY FROM JUNCTION OF THE AFOREMENTIONED EASTERLY LINE OF SAID 95.33 ACRES AGRARIA PROPERTY AND THE SOUTHERLY LINE OF THE SAID 22 ACRES KIRGIS PARCEL; THENCE NORTHERLY APPROXIMATELY 750 FEET OVER SAID KIRGIS PROPERTY ALONG PORTIONS OF SAID ABOVE DESCRIBED ROAD NO. 4 AND PROPOSED ROAD NO. 6 AS SHOWN ON SAID MAP FILED WITH SAID MUTUAL EASEMENT DEED AGREEMENT, TO THE NORTHERLY LINE OF LOT "F" AT A POINT APPROXIMATELY 460 FEET WESTERLY FROM POINT 5 OF LOT "F" R.A.H.; THENCE NORTHEASTERLY OVER THE LANDS OF ALLAN 0. KELLY IN LOT"I" R.A.H., A DISTANCE OF APPROXIMATELY 800 FEET ALONG A PORTION OF SAID PROPOSED ROAD NO. 6 TO A POINT APPROXIMATELY 650 FEET NORTHERLY FROM POINT 5 OF LOT "F" R.A.H. ON THE WESTERLY BOUNDARY OF LOT "F", THE SAME BEING THE EASTERLY BOUNDARY OF LOT "I"; THENCE EASTERLY APPROXIMATELY 1550 FEET OVER THE LANDS OF IRWIN J. KELLY AND TITLE INSURANCE AND TRUST COMP ANY, AS TRUSTEE FOR IRWIN J. KELLY, TO THE NORTHER:L Y TERMINUS OF TIIIS EASEMENT AT OR NEAR THE SOUTHERN TERMINUS OF THE PRESENTLY CONSTRUCTED LINE "D" OF THE CARLSBAD MUNICIPAL WATER DISTRICT. EXCEPTING FROM PARCEL 2, THAT PORTION, IF ANY, OR ROAD NOS. 1 AND 3 LYING WITHIN THE LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JUNE 16, 1953 UNDER TORRENS FILE NO. 30674. . ALSO EXCEPTING THEREFROM THAT PORTION OF PARCEL 3, IF ANY, LYING WITHIN THE LANDS ALLOCATED TO BARBARA JEAN HIGDON AND SHOWN AS PARCEL 2 OF THE LANDS DESCRIBED IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 UNDER RECORDER'S FILE NO. 52516. APN: 212-010-03