HomeMy WebLinkAboutCT 99-03; Real Estate Collateral Management Company; 2003-0362099; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
PROJECT NO. & NAME: CT 99-03
Villages of La Costanhe Greens Poinsettia
Lane
OFFICIAL REcm SAN DIEGO COMTY RECORDER’S OFFICE GREW J. SMITH, CWNTv RECORDER FEES: 23.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL NO. 215-021-07-00,
21 5-031-08-00,
213-030-1 1-00,
21 3-030-1 8-00
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (Dwg. No. 397-2H) and
improvement plans (Dwg. No. 397-21) for development to occur on property described as
Poinsettia Lane being shown on FM 99-03 a portion of attached Exhibit “A more particularly
described as (APN No. 21 5-021-07-00, 21 5-031-08-00, 21 3-030-1 1-00, 21 3-030-1 8-00), and
other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Real
Estate Collateral Management Company, a Delaware Corporation, 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
1
H:IDevelopment ServcieslMastersIBonds & AgreernentslHold Harmless Agt Geological Fallure Rev. 12/08/98
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
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
1 op day of ?)C=.&C&VT & ,204?”
PROPERTY OWNERS
Real Estate Collateral Management Company, a
Delaware CorDoration
By:
David A. Watts, Vice President
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
kputy City Attorney
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.)
I 2
H:/Developmnt ServciedMasterdBonds 8 AgreementslHold Harmless Agt Geological Failure Rev. 12/06/98
State of California )
) County of San Diego )
personally appeared Dkd[d A - b‘V0Lt-b
(NameM of SignerM)
~ wpersonally known to me -BR”B
(B to be the personHwhose namew
is/& subscribed to the within instrument and acknowledged to me that helstdthey
executed the same in his/hwAhek authorized capacity(&s), and that by his/he&kir
signature($) on the instrument the person@), or entity upon behalf of which the persono
acted, executed the instrument.
WITNESS my hand and official seal
MICHELE POLIT0 Commission # 1332338
Notary Public - California Sen Diego County A
MYcarm.ExDirespbv29.20[)51;
\
L (This area for
Signature of Notary - official notary seal)
Title or Type of Document
Date of Document
13 066274
L A:
i
i PARCEL 3 OF PARCEL MAP NO. 1188, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 20, 1972 AS FILE NO. 340334 OF OFFICIAL RECORDS.
TOGETHER WITH THAT PORTION DESCRIBED AS PARCEL "A" IN DEED TO LA COSTA LAND
COMPANY FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 7, 1973 AS FILE NO. 73-245058 OF OFFICIAL RECORDS, SAID LAND BEING
THAT PORTION DELINEATED AND DESIGNATED AS "NOT A PART OF "XIS MAP" ON SAID
PARCEL MAP NO. 1188.
EXCEPTING THEREFROM THAT PORTION OF ALGA ROAD AS DESCRIBED IN DEED TO CITY
OF CARLSBAD RECORDED DECEMBER 9, 1983 AS FILE NO. 83-449259 OF OFFICZAL RECORDS.
ALSO EXCEPTING THERBFROM PARCEL A OF PARCEL MAP NO. 1342 7, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 16, 1984 AS FILE NO. 84-031333 OF
OFFICIRL RECORDS.
ALSO EXCEPTING THEREPROM THAT PORTION CONVEYED M THE CITY OF CARLSBAD BY
DOCUMENT RECORDED DECEMBER 1, 1997 AS FILE NO. 1997-0605498 OF OFFICIAL RECORDS.
AFFECTS PARCEL NOS. 213-030-11, 215-021-07, 215-030-06, 215-030-14, 215-031-13,
215-052-15 AND 215-061-01, 09.
PARCEL A-1:
AN EASE" AND RIGHT OF WAY OVER, UNDER, ALONG AND ACROSS THAT PORTION OF
PARCEL A OF PARCEL MAP NO. 13427, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 16, 1984 As FILE NO. 84-031333 OF OFFICIAL RECORDS, FOR THE
PURPOSES SET OUT IN THAT CERTAIN AGREEMENT RECORDED SEPTEMBER 12, 1985 AS FILE
NO. 85-335690 AND RE-RECORDED FEBRUARY 28, 1986 AS FILE NO. 86-078338, BOTH OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNRR OF SAID PARCEL A, SAID POINT BEING ON Tm
NORTHEXLY LINE OF THAT CERTAIN DOCUMENT GRANTED TO THE CITY OF CARLSBAD,
DECEMBER 9, 1983 AS FILE NO. 83-449259 OF OFFICIAL RECORDS AND SHOWN ON SAID
PARCEL MAP NO. 13 427 ; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL A,
THE FOLLOWING COURSES: NORTH !i012'03" EAST, 409.16 FEET, TO THE BEGINNING OF A
TANGENT 1,000.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERL,Y
ALONG THE ARC OF SAID 21O15'34" A DISTANCE OF 371.05 FEET; THENCE NORTH 16O03'31"
WEST, 243.88 FEET, TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 45O17'29" A DISTRANCE OF 237.14 FEET; THENCE NORTH 29O13'58"
EAST, 60.63 FEET TO THE BEGINNING OF A TANGENT 800.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 26034136" A DISTANCE OF 371.08 FEET; THENCE NORTH 2039'22" EAST,
311.48 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 15O36'09" A DISTANCE OF 163.39 FEET; THENCE NORTH 12O56'47" WEST,
56.41 FEET, TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE, CONCAVE
DESCRIPTION
@- .. . y 5. >:- SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 19°48'2611 A DISTANCE OF 207.42 FEET, TO THE BEGINNING OF A
TANGENT 450.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CE3TRAL ANGLE OF 44O43'38" A DISTANCE OF
351.29 FEET; THENCE NORTH 37°51'5911 WEST, 263.43 FEET TO THE BEGINNING OF A
TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A ANGLE OF 36O24'50" A DISTANCE OF
254.22 FEET; THBNCE NORTH 74O16'49" WEST, 495.90 FEET; THENCE NORTH 33O21'02"
WEST, 99.22 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY LINE SOUTH 74O16'49"
EAST, 516.83 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 36O24'50" A DISTANCE OF 285.99 FEET; THENCE SOUTH 37O51'59"
EAST, 315.82 FEET, TO THE BEGINNING OF A TANGENT 480.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE SOUTHgAsTERtY ALONG THE ARC OF SAID CURVE
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 34O16,12" A DISTANCE OF 287.10 FEET; THENCE SOUTH 0303S847" WT,
100.50 FEBT; THENCE SOUTH 2O39,22" WEST, 211.48 FEET, TO THE BEGINNING OF A
TANGENT 82 5.0 0 FOOT RADIUS CURVE , CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAt ANGLE OF 26O34,36" A DISTANCE OF
382.68 FEET; THENCE SOUTH 29O13'58" WEST, 60.63 FEET, TO THE BEGINNING OF A
TANGENT 27f.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG TKE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45O17'29" A DISTANCE OF 217.38 FEET;
THENCE SOUTH 16°03'31'1 EAST, 243.88 FEET, TO THE BEGINNING OF A TANGENT 1,025.00
FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CEWlWiL ANGLE OF 2lo1S834" A DISTANCE OF 380.32 FEET; THENCE
SOUTH S012'03" WEST, 407.20 FEET TO A POINT OF THE NORTHERLY LINE OF SAID
DOCUMENT; THENCE NORTH 89O16'32'I WEST ALONG THE NORTHERLY LINE THEREOF 25.08
FEET, TO THE POINT OF BEGINNING.
P'
281.56 FEET; THENCE SOUTH 504981an EAST, 228.98 FEET; THENCE SOUTH 8022'00n WEST,
PARCEL B:
THAT PORTION OF THE SOUTH HALF OF SECTION 25, 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, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 57 OF LA COSTA "lwS UNIT NO. 1,
ACCORDING TO MAP THEREOF NO. 6800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 9, 1970; THENCE ALONG THE BOUNDARY OF SAID UNIT 1 AS
FOLLOWS :
SOUTH 60°37'21" EAST, 549.65 FEET TO THE NORTHERLY LINE OF ALGA ROAD AS SHOWN ON
SAID MAP NO. 6800, BEING A POINT IN THE ARC OF A 949 FOOT RADIUS CURVE, CONCAVE
NORTHERLY A RADIAL BWS SOUTH 42042'0111 =ST TO SAID wzm, WESTERLY ALONG SAID
CURVE THROUGH AN ANGLE OF 32O40'34" A DISTANCE OF 541.22 FEET, TANGENT TO SAID
CURVE SOUTH 79°58'33v1 WEST, 670 FEET TO A TANGENT 949 FOOT RADIUS CURVE, CONCAVE
NORTHERLY, WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 25°54'00n A DISTANCE OF
428.99 FEET AND SOUTH 15O52'33" WEST 50 FEET TO THE NORTHEASTERLY CORNER OF LA
COSTA VALLEY UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY BOUNDARY
OF SAID MAP NO. 5781 AS FOLLOWS:
WESTERLY ALONG THE ARC OF A 999 FOOT RADIUS CURVE, CONCAVE NORTHERLY, THROUGH AN
ANGLE OF 23°228001v A DISTANCE OF 407.42 FEET, TANGENT TO SAID CURVE NORTH
50°44'00" WEST, 398 FEET TO A TANGENT 1,001 FOOT RADIUS CURVE, CONCAVE SOUTHERLY,
DESCRIPTION
STERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 38°30'58" A DISTANCE OF 672.91
O14'58" WEST, 98-00 FEET AND NORTH OO45'02" EAST, 17.00 FEET TO THE
NORTH LINE OF SAID SOWH ONE-HALF OF SECTION 26; THENCE ALONG SAID NORTH LINE
SOUTH 89O14'58" EAST, 161.14 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF OF
SECTION 25 ; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF OF SECTION 2 5 SOUTH
€19~12' 29" EAST, 2,321.97 FEET TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION OF ALGA ROAD AS DESCRIBED IN DEED TO THE CITY OF
CARLSBAD, RECORDED DECEMBER 9, 1983 AS FILE NO. 83-449259 OF OFFICIAL RECORDS.
AFFECTS PARCEL NOS. 215-480-02 AND 215-480-03.