HomeMy WebLinkAboutCT 07-05; City of Carlsbad; 2008-0614635; Hold Harmless Agreement/ReleaseDOC# 2008-0614635
RECORDING 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
DEC 01, 2008 3:52 PM
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
ASSESSOR'S PARCEL NO.: 213-110-03
PROJECT ID: CT 07-05
PROJECT NAME: La Costa Greens N. 1.3
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 457-8A) and
improvement plans (DWG 457-8) for development to occur on property more particularly
described as (see attatched Exhibit "A), and other good and valuable consideration, receipt of
which is hereby acknowledged, l/(We) L.C. Greens 1.3 LLC, a Delaware 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
H:\Development Services\PROJECTS\CT FILES\CT 07\CT 07-05 La Costa Green N. 1.3 - Bobbett\Bonds and AgreemerMHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE(DWG 457-8).doc
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
^ day of f-1 .j£ nJ^f L,- , 20^ .
OWNER(S)
L.C. Greens 1.3 LLC, a Delaware limited liability
company
(sign here)
DANNY GABRIEL. Manager
(print name and title)
Date: <? 4-p %
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:_
Deputy City AttorViey
(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. 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.)
2
HADevelopment Services\PROJECTS\CT FILES\CT 07\CT 07-05 La Costa Green N. 1.3 - Bobbett\Bonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE(DWG 457-8).doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of _J
On 7 ' Date
personally appeared
before me,
-/t /v_
'Here liHsert Natfie and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s"), whose namel^l^are subscribed to the
within instrument and acknowledged to me that
(hd/she/they executed the same in(hl9/herAheir authorized
capacityftesl, and that by (hjs)her/their signatures), on the
instrument the person(s), or the entity upon behalf of
which the persorHs^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.
Place Notary Seal Above
Signature.
OPTIONAL-
Signature of Notary Public
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:
Capacity(ies) Claimed by Signer(s)
Signer's Name: .
D Individual
Q Corporate Officer — Title(s): ;
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:.
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: •' .
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
O2007 National Notary Association* 9350 De Soto Ave., P.O.Box 2402«Chatsworth, CA 91 31 3-2402 • yvww.#5907 Reorder Call Tdl-Free 1-800-876-6827
Doc ER-08-06
03/13/2008
EXHIBIT "A"
Parcel A:
Parcel 4 of Parcel Map No. 20174, in the City of Carlsbad, County of San Diego, State of California,
according to map thereof filed in the Office of the County Recorder of San Diego County, December 20,
2006 as File No. 2006-0901065 of Official Records.
Parcel B:
A non-exclusive easement for drainage of surface waters, installation of utilities, access, ingress and
egress, pursuant to Reciprocal Easement Agreement recorded June 29,2007 as File No. 2007-0439413 of
Official Records, over, across and through that certain strip of land on Parcel 2 of said Parcel Map No.
20174, described as follows:
Being a 30.00 foot wide strip of land lying 15.00 feet on each side of the following described centerline:
Commencing at the southwest corner of said Parcel 2; thence along the southerly boundary of said Parcel,
South 60°23'54" East 30.69 feet to the true point of beginning; thence North 29°40'00" East, 278.65 feet
to the beginning of a 400.00 foot radius curve concave southeasterly; thence northeasterly along the arc of
said curve through a central angle of 19°14'00" an arc distance of 134.27 feet; thence North 48°54'00"
East, 146.55 feet to the beginning of a 200.00 foot radius curve concave northwesterly; thence f
northeasterly along the arc of said curve through a central angle of 39°00'30" an arc distance of 136.16
feet; to the southerly line of Camino Vida Roble and the point of terminus.
The sidelines of said 30.00 foot wide strip of land shall be extended or shortened so as to terminate
southerly in said southerly boundary of Parcel 2 and northerly in the southerly line of Camino Vida
Roble.
Parcel C:
A non-exclusive easement to install, maintain and repair certain landscaping improvements
(including without limitation, sprinklers and drainage facilities), reciprocal and incidental uses
appurtenant thereto, pursuant to Easement Agreement recorded June 29,2007, as File No. 2007-
0439413 of Official Records, on, over, through and across those portions of Parcel 2 of said
Parcel Map No. 20174, described as follows:
Parcel 1:
Commencing at the southeasterly terminus of that certain course in the southerly right of way line of
Camino Vida Roble as shown and described on said Parcel Map as "N52°23'40"W 50.00", said point
being the beginning of a tangent 50.00 foot radius curve, concave northerly; thence easterly along said
southerly right of way line and the arc of said curve through a central angle of 25°44'43" an arc distance
of 22.47 feet to a point hereinafter referred to as point "a"; thence continuing along said southerly right of
way line and the arc of said curve through a central angle of 36°16'26" an arc distance of 31.66 feet
to the true point of beginning; said point being the beginning of a non-tangent 215.00 foot radius curve
concave northwesterly a radial line to said point bears South 24°24'50" East; thence leaving said southerly
right of way line southwesterly along the easterly sideline of an existing 300.00 foot wide general
utility and access easement granted per said Parcel Map and along the arc of said curve through a central
angle of 40°50'49" an arc distance of 153.28 feet; thence continuing along said easterly sideline the
following; South 48°54'00" West, 146.55 feet to the beginning of a 385.00 foot radius curve
EXHIBIT "A"
(continued)
concave southeasterly; thence southwesterly along the arc of said curve through a central angle of
19°14'00" an arc distance of 129.24 feet; thence South 29°40'00" West, 278.63 feet to the southwesterly
line of said Parcel 2; thence leaving said easterly sideline along said southwesterly line, South 60°23'54"
East, 34.00 feet; thence leaving said southwesterly line North 35°43'40" East, 49.09 feet; thence North
24°28'26" East, 51.64 feet; thence North 18°57'25" East, 100.39 feet; thence North 11°19'29" East, 24.11
feet; thence North 24°26'20" East, 15.74 feet; thence North 35°03'07" East, 42.69 feet; thence North
20°41'36" East, 21.39 feet; thence North 27°23'48" East, 14.41 feet; thence North 36°16'18" East, 17.95
feet; thence North 45°0r04" East, 25.36 feet; thence North 55°36'49" East, 14.84 feet; thence North
40°20'50" East, 31.59 feet; thence North 45°35'02" East, 20.12 feet; thence North 55058'13M East, 8.03
feet; thence North 64°23'42" East, 15.34 feet; thence North 70°52'45" East, 35.94 feet; thence
North 46°13'39" East, 20.63 feet; thence North 35°16'28" East, 108.00 feet; thence North
30°06'57" East, 35.93 feet; thence North 21°36'04" East, 25.30 feet; thence North 17°36'28"
East, 48.88 feet to the southerly right of way line of said Camino Vida Roble and the beginning
of a non-tangent 50.00 foot radius curve, concave northwesterly, a radial line to said point bears South
38°18'00" East; thence southwesterly along said southerly right of way line and the arc of said curve
through a central angle of 13°53'H" an arc distance of 12.12 feet to the true point of beginning.
Parcel 2:
Being a 5.00 foot wide strip of land the easterly sideline described as follows: t
Beginning at the hereinabove described point "a" in parcel "1" above, said point being on the westerly
sideline of an existing 30.00 foot wide general utility and access easement granted per Parcel Map No.
20174 and the beginning of a 185.00 foot radius non-tangent curve concave northwesterly a
radial line to said point bears South 79°33'37" East; thence southwesterly along said westerly sideline and
the arc of said curve through a central angle of 38°27'37" an arc distance of 124.18 feet; thence
continuing along said westerly sideline the following: South 48°54'00" West, 146.55 feet to the beginning
of a 415.00 foot radius curve concave southeasterly; thence southwesterly along the arc of said curve
through a central angle of 19°14'00" an arc distance of 139.31 feet; thence South 29°40'00" West, 278.67
feet to a point on the southwesterly line of said Parcel 2 and the point of terminus.
The westerly sideline of said 5.00 feet wide strip of land to be shortened or extended so as to
terminate northerly in the southerly right of way line of said Camino Vida Roble and southerly in
the southwesterly line of said Parcel 2.
END OF LEGAL DESCRIPTION