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Home My WebLink AboutCT 12-03; 201 Walnut LLC; 2015-0416517; Hold Harmless Agreement/ReleaseDOC# 2015-0416517 RECORDING IS REQUESTED lillllllllllillllllllllllllilllllllllliillllllll Aug 06, 2015 11:56 AM OFFICIAL RECORDS FOR THE BENEFIT OF THE CITY OF CARLSBAD lillllllllllillllllllllllllilllllllllliillllllll Aug 06, 2015 11:56 AM OFFICIAL RECORDS WHEN RECORDED MAILTO: Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $30.00 City Clerk CITY OF CARLSBAD PAGES: 6 1200 Carlsbad Village Dr Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 204-131-01 and 03 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: CT 12-03 201 Walnut Townhomes HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 483-1 A) and improvement plans (DWG 483-1) for development to occur on property more particularty described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We, 201 Walnut LLC, the owner(s) of said property promise to indemnify and to hold the City of Carisbad, 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 WFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-03 Walnut Townhomes - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 WFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-03 Walnut Townhomes - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/26/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 11 dav of JI/L\| 20 iS^ OWNER(S) 201 Walnut, LLC A Delaware limited liability company By: Village 201, LLC, a California limited liability company, its manager By: Alliance Development Services, Inc. a California corporation, its manager By: (sign here) Greg La Marca, President Date: (print name and title) APPROVED AS TO FORM: CELIA BREWER City Attorney By Ml RON KEMP Assistant City Attorney By: Date: (sign here) (print name and title) (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.) WFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-03 Walnut Townhomes - Le«y\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 CAURHUHA ML^PWrnom AOOIOin^MaiEIIT Cl«t CODE §1189 A ncMaiY piAfc or (^her gfficsr ccnu^Bting t>i» {SMAcalB rai^se 1l» idsn% tihe mdMdual who sigimd ths documiiA to wfiich Ml cartiScatB is otiaehed. Slate of C^Homia } before me. ^//^i'^ /iffU^/ jt'Thj^fl/ /^^/feg. On peraondty appeaed wt» pravnad to me cn this tia^ of ssimteK^sry evidence to be theperson^ wtx»se name<^ ^sre _^jbacfibed to ths withm irtstrufnant and acknowtedped to me that t1a^i<e/3Jfey executed ttw same Irt '^^^)6;ftfwr auihoiizad capacXj^B^}. and'ttiot byi|^a^^ or ttte entity upon beii^ of which ^ paraar^ acted. axBctitad 'Sna in^nimenl Icartify under PENALTY OF PERJURY WKlerltte laws tha O'f Ctfrfocnia Iticd the foragotrtB paragraph is true and comact. CODY ALLAN GUY COMM. #2057416 Notary Public Catifornia SAN DIEGO My/\pp. Expires Feb. 10,2018 Wrr^ESS my Nind and o^ial ssai. Srgna&fra of Notatf Plae9 Notary Seaf Abo ve • OPTIONAL Thou^ Ms aocfitm is opticmW. camf^Sng ttm Mvmation can dstar ^taiatkm af the documont or trmjdiHmt m^tacfanari ttm form to an umntBr>dod doammnt Oeaciqition of Attached Document Tifle or Type of Doctanefit: Documeir^ Date: Nuniber of Pages: %sne«(3^ Ottter Ttian htamed Aixym: Copacftyflos) Claimed by Signeita) Sigrter'a Nama: • Corporate Officer — T«eW: • Partner— • Larttad •Oerwral • Irtdividiffll • Atlofrtey in Fact • Truatee • QuarcSm or Oonsarvator • Other Signw la Repreoentins: Sigrter'a |t^me:. • Coiporate OIBcar — T*te|^: • Parbiar— • Lwniled •QeneraJ • IrtiMduai • Attomey n Fa<^ • Trtistee • Qmrcian or Ccrtaarvator • OHie»: Sigrter te Rapraaenlrig: 62014 Na6cnaiNcitafyAssocieinn-www.Nsfot^^^ Ham #5907 WFILESOI V\Departments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-03 Walnut Townhomes - Levy\B & A\H0LD HARMLESS AGREEMENT GEOLOGICAL FAILURE,doc 01/25/13 Order Number: NCS-629671-SD Page Number: 8 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: A PORTION OF THUM UNDS, TRACT 216, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. TOGETHER WITH THOSE PORTIONS OF WALNUT AVENUE AND LINCOLN STREET VACATED BY RESOLUTION NO. 96-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A CERTIFIED COPY RECORDED APRIL 2, 1996 AS FILE NO. 1996-0163578 OF OFFICIAL RECORDS, ALL AS SET FORTH IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED APRIL 18, 2007 AS FILE NO. 2007-0261639 OF OFFICIAL RECORDS, ALL DESCRIBED AS FOLLOWS: BEGINNING ATTHE WESTERLY CORNER OF SAID TRACT 216, SAID POINT BEING 30.00 FEET, MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF GARFIELD STREET AND 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM WALNUT STREET; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET SOUTH 34°33'00" EAST 66.69 FEET; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY UNE NORTH 55°26'37" EAST 91.00 FEET; THENCE NORTH 34°33'00" WEST 76.68 FEET, TO THE SOUTHEASTERLY RIGHT-OF WAY LINE OF WALNUT AVENUE, SAID POINT BEING 30.00 FROM THE CENTERLINE OF SAID STREET; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE SOUTH 55°27'00" WEST 71.00 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 20.94 FEET THROUGH A CENTRAL ANGLE OF 60°00'00" TO A POINT ON A NON-TANGENT LINE, SAID POINT BEING 40.00 FEET FROM THE CENTERLINE OF WALNUT AVENUE, THE RADIAL BEARING AT SAID POINT BEING SOUTH 85°27'00" WEST; THENCE SOUTH 55°27'00" WEST 2.68 FEET TO THE POINT OF BEGINNING. PARCEL 2: A PORTION OF THUM LANDS, TRACT 216, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, AS SET FORTH IN THAT CERTAIN CERTIFICATE OF COMPUANCE RECORDED APRIL 18, 2007, AS FILE NO. 2007- 0261640 OF OFFICIAL RECORDS, AND AS DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID TRACT 216, SAID POINT BEING 30.00 FEET, MEASURED AT RIGHT ANGLES, TO THE CENTERUNE OF GARFIELD STREET AND 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM WALNUT STREET; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET SOUTH 34°33'00" EAST 66.69 FEETTO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY RIGHT- OF-WAY UNE NORTH 55°26'37" EAST 91.00 FEET; THENCE SOUTH 34°33'00'EAST 66.68 FEET; THENCE SOUTH 55°26'14" WEST 91.00 TO THE NORTHEASTERLY RIGHT-OF-WAY UNE OF GARFIELD STREET, SAID POINT BEING 30.00 FEET FROM THE CENTERUNE OF SAID STREET; THENCE NORTHWESTERLY ALONG THE SOUTHEASTERLY RIGHT-OF WAY LINE OF GARFIELD STREET NORTH 34°33'00" WEST 66.69 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: A PORTION OF THUM LANDS, TRACT 216, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, First American Title Insurance Company Order Number: NCS-629671-SD Page Number: 9 STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. TOGETHER WITH THOSE PORTIONS OF WALNUT AVENUE AND UNCOLN STREET VACATED BY RESOLUTION NO. 96-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A CERTIFIED COPY RECORDED APRIL 2, 1996 AS FILE NO. 1996-0163578 OF OFFICIAL RECORDS, ALL AS SET FORTH IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED APRIL 18, 2007 AS INSTRUMENT NO. 2007-0261641 OF OFFICIAL RECORDS, ALL DESCRIBED AS FOLLOWS: BEGINNING ATTHE WESTERLY CORNER OF SAID TRACT 216, SAID POINT BEING 30.00 FEET, MEASURED AT RIGHT ANGLES, TO THE CENTERUNE OF GARFIELD STREET AND 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM WALNUT STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT-OF-WAY UNE OF WALNUT AVENUE NORTH 55°27'00" EAST 2.68 FEET TO THE BEGINNING OF A NON TANGENT CURVE, THE RADIAL BEARING TO SAID POINT BEING NORTH 85°27'00" EAST; THENCE ALONG SAID CURVE 20.94 FEET THROUGH A CENTRAL ANGLE OF 60°00'00" TO A POINT ON A TANGENT UNE, SAID POINT BEING 30.00 FEET SOUTHERLY FROM THE CENTERUNE OF WALNUT AVENUE; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY UNE OF SAID WALNUT AVENUE NORTH 55°27'00" EAST 71.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT- OF-WAY LINE NORTH 55°27'00" EAST 81.00 FEETTO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 31.42 FEET THROUGH A CENTRAL ANGLE OF 90°00'00" TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY UNE OF UNCOLN STREET, SAID POINT BEING 30.00 FEET FROM THE CENTERUNE OF SAID UNCOLN STREET; THENCE ALONG SAID SOUTHWESTERLY RIGHT- OF-WAY UNE SOUTH 34°33'00" EAST 190.01 FEET; THENCE SOUTH 55°25'51" WEST 10.00 FEETTO THE MOST EASTERLY CORNER OF SAID TRACT 216; THENCE ALONG THE SOUTHERLY UNE OF SAID TRACT 216 SOUTH 55°25'51" WEST 91.00 FEET; THENCE NORTH 34°33'00" WEST 210.04 FEETTO THE TRUE POINT OF BEGINNING. APN: 204-131-01-00 (AFFECTS: PARCEL ONE); 204-131-02-00 (AFFECTS: PARCEL 2) AND 204- 131-03-00 (AFFECTS: PARCEL 3) First American Title Insurance Company