HomeMy WebLinkAboutCT 89-19; Davidson Companies Partnership; 1991-0491975; Hold Harmless Agreement/ReleaseRECORDING REC,YESTED BY AND ) WHEN RECORDED MAIL, TO: 1
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008
fi i r “.T, Space above this liti'for Recorder's use 214-170-17y;: 21, 2.&:i‘.~
Parcel No. 216-150-03, 05, 16 (2lirmq9
HOLD HARMLESS AGREEMENT
~~~~ lemraRE
In consi$eH?#tion of &'Cityls approval of a subdivision map
Grading Permit PE ‘2.91.05 grading plan DWG No. 320-4A and
improvement plans, DWG 320-4 for development to occur on property
described as (see attached Exhibit A) (APN 214-170-17, 21, 22 and
216-150-03,05, 16), and other good and valuable consideration,
receipt of which is hereby acknowledged. We Gdmark and Thelan
and the Davidson Companies Partnership, owners of the property,
promise to indemnify and to hold the City of Carlsbad, and any of
its agencies or employees, harmless from any liability for
injuries to any persons, or damage or taking of any property
including public property, directly or indirectly caused by
geological failure of any nature, type or cause or any subsequent
damage that may occur on cur adjacent to this subdivision due to
its construction, operation or maintenance.
Approval of the plans or permits, or inspection of any work
done pursuant to those plans or permits by the City shall not
constitute an assumption by the City of any responsibility for
any damage or taking referenced in this agreement.
City shall not be responsible in any manner whatsoever for
the design, compaction, construction or maintenance of the
AgreementsWG-17.frm -1. REv4/90
/- 701 4
slopes, cuts, fills or improvements made or done pursuant to the
approved plans, nor shall any officer or employee thereof be
liable or responsible for any accident, loss or damage happening
or occurring during the construction work or improvements as
specified in this agreement. The entire risk of any loss
resulting from or caused by an geological failure is assumed by
and shall be borne by the owner.
It is agreed that 'W$& above cwner(s) will maintain all
slopes and landscaping in a manner to insure slope stability to
the satisfaction af the City Engineer. Thte caners agree to
repair any damage to public improvements by any geological
failure referred to in this agreement to the satisfaction of the
City Engineer. The owners agree to repair or stabilim any slope
which the City Engineer determines may fail and cause ibmage to
public improvements. It is further agreed that this a&eement
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AgreementsWG-17.frm -2-
702 - -
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EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST iCORNER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THE WEST LINE OF
SAID QUARTER-QUARTER SECTION SOUTH OO45'06" EAST, 787.64 FEET (RECORD OF SURVEY NO. 6296 = SOUTH lO20'42" EAST, 788.13 FEET) TO THE
NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 11, THE FOLLOWING COURSES SOUTH 69OO5'16" EAST, 228.10 FEET (RECORD OF SURVEY NO. 6296 = SOUTH 69O48'44" EAST, 228.23 FEET) AND SOUTH 32O11'15' EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 1978 AS FILE NO. 78-292074 OF OFFICIAL RECORDS; THENCE LEAVING THE
BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 89O10'56" WEST (DEED = NORTH 89O12'13" WEST) 119.72 FEET;
THENCE LEAVING SAID STATE LAND NORTH 37O31'25" WEST, 149.14 FEET TO
THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 45O51'57", A DISTANCE OF 360.23 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 6O36'38" EAST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 27O21'03', A DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - 5) AND THE
NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 2OO44'25" WEST; THENCE LEAVING THE ARC OF SAID CURVE
ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 33OO7'12" EAST, 234.45 FEET AND SOUTH 69OO5'16" EAST, 454.48 FEET TO
THE POINT OF BEGINNING.
703 -
PARCEL B:
LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH OO12'25" WEST, 746.00 FEET; THENCE SOUTH 89."47'35" WEST, 334.09 FEET; THENCE NORTH
43O15'25" WEST, 205.17 FEET; THENCE SOUTH 89O47'35" WEST, 475.16
FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF
DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 23O47'15" EAST (RECORD MAGNETIC BEARING SOUTH 38O20' EAST) 140.86 t FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY LINE SOUTH
1 17O22'15" EAST, 477.94 FEET (RECORD SOUTH 31O55'00" EAST, 483.89
.I FEET) AND THENCE SOUTH 18O25'45" WEST, 322.56 FEET (RECORD SOUTH 03°46'OO" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST ! QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE 1 SOUTH 89O54'14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY THE CALIFORNIA STATE
HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-ROAD PURPOSES, LEGALLY
DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY OF SAID PARCEL 1.
PARCEL 1:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 89O11'06" EAST, 263.68 FEET TO A LINE BEARING NORTH 32O46'41" WEST, FROM A POINT BEING AT
COORDINATES Y=339,009.75 AND X=1,677,698.92 FEET; THENCE ALONG SAID LINE SOUTH 32"46'41" EAST, 561.91 FEET TO LAST SAID POINT; THENCE SOUTH 36'16'49" EAST, 353.55 FEET; THENCE SOUTH 25O27'58" EAST, 88.85 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG LAST SAID LOT LINE AND ALSO THE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 33OO9'27" WEST, 817.12 FEET TO A LINE BEARING SOUTH 31OO0'45" EAST
. 9 - 70 “.
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FROM A POINT BEING AT COORDINATES Y=338,287.45 FEET AND X=1,677,302.83 FEET; THENCE ALONG LAST SAID LINE NORTH 31°00'45" WEST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 18°04f10" WEST, 457.06 FEET; THENCE NORTH 25OO7'1l" WEST, 43.40 FEET TO THE WESTERLY
LINE OF SAID LOT 1;~ THENCE ALONG SAID LOT LINE NORTH OO54'54" WEST,
724.72 FEET TO THE POINT OF BEGINNING.
PARCEL 2A:
A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Y=342,771.44 FEET AND X=1,677,158.09 FEET; THENCE ALONG SAID EAST LINE SOUTH OO28'30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET THROUGH AN ANGLE OF 21°25'27", A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 2OO56'57" EAST, 3088.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 69OO5'40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8OOO8'25"
EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69O58'02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY.
PARCEL C:
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN
SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH OO12'25" WEST,
746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
LINE; THENCE SOUTH 89O47'35" WEST, 334.09 FEET; THENCE NORTH 43O15'25" WEST, 205.17 FEET; THENCE SOUTH 89O47'35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN
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DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 23O47'15" WEST, (RECORD MAGNETIC BEARING NORTH 38O20' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X=1,677,158.09 FEET AND Y=342,771.44 FEET; THENCE ALONG SAID EAST LINE SOUTH OO"28'30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000
FEET THROUGH AN ANGLE OF 21°25'27", A DISTANCE OF 373.92 FEET; THENCE
TANGENT TO LAST SAID CURVE SOUTH 2OO56'57" EAST, 3088.43 FEET TO A
POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT
1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 69OO5'40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8OO8'25"
EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID
LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69O58'02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF
SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED
RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS.
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.- 7OP-- shall be binc,ng on all heirs, successorci 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 pad day of
Odmark 61 Thelan and the Davidson Companies Partnership A California General Partnership
By: Odmark 61 Thelan/Batiguitos Ltd. a California Limited Partnership
By:
John D. Thw, Presidmtq (print name here)
By: (sign here) i,
(print name here)
By; DavLdsan Coscan Partners
By: The Davidson Company, APPROVED AS TO FORM; A California Corporation General Partner
c 1 * i By: . Id-2
/ (sign here) VINCENT F, BIOWDO,-JR.
Georse W. Walker, Vice President City Attorney
(sign here)
Stephen H. Dawe. C.F.O. (print name here)
(Notarial acknowledgement of execution by the OWNER(S) must be attached.)
AgreementsiAG-17.frm -3- RN 4/90
,.’ 1 707
S~TATE OF CALIFORNIA )
1 ss. COUNTY OF SAN DIEGO )
to be the person who executed the within instrument as the President of ONTARIOVILLE HOLDING COMPANY, the corporation that executed the within instrument on behalf of ODMARX & THELAN, THE PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF ODMARX & THELAN/BATIQUITOS LTD., AND acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
Signature JFbdd Cathy L< Samuels
SW OF B) ) ss. . COUNTY OF S2W DIEGO)
on cqd&-aa, /94/ ,befOreme,CATHYL.SAmELS a Notary Public fi &nd for said State, personally appeared George W. walker II, Vice President Forward Pl arming and Stephen H. Dawe, Chief Financial Officer of The Davidson Company, the corporation that executed the within instrument and lmown to me to be the persons who executedthewithininstrumen t on behalf of said corporation, said corporation being known to me to be one of the partners of Davidson Coscan Partners, the partnership that executedthewithin instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
, WITNESS my hand and official seal.
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Signature LfazK&eb
Cathy L..Samuels