HomeMy WebLinkAboutCUP 01-04; Church of Jesus Christ of Latter-Day Saints; 2003-0458841; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC # 2003-0458841
QPR 21- 2003 4~51 PM
OFFIGIN RECORDS SAN DIEGO Coumy RECORDER’S OFFICE GREGORY J. SHIMi RECoER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL NO. 223-060-50-00
PROJECT NO. & NAME: CUP 01-04
LDS Church
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (Dwg. No. 403-2A) and
improvement plans (Dwg. No. 403-2) for development to occur on property described as
attached Exhibit “A more particularly described as (APN No. 223-060-50-00), and other good
and valuable consideration, receipt of which is hereby acknowledged, I/(We) Corporation of the
Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah Corporation sole,
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 riot 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
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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
,IpD dayof Jawam ,20m
PROPERTY OWNERS
Date:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: 4i2d-
eputy City Attorney
otarial acknowledgment of execution by SUBDIVIDER must be attached)
n, 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.)
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STATE OF UTAH
) ss.
‘COUNTY OF SALT LAKE 1
m3 On-this *day of h,la ru , #-, personally appeared before me, Drru L. b!!d-ina , personally knownlto be the Authorized Agent of
CORP~RATION OF~HE PRESIDING BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, who acknowledged
before me that he signed the foregoing instrument as Authorized Agent for the
Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day
Saints, a Utah corporation sole, and that the seal impressed on the within instrument is
the seal of said Corporation; and that said instrument is the free and voluntary act of
said Corporation, for the uses and purposes therein mentioned, and on oath stated that
he was authorized to execute said instrument on behalf of said Corporation and that
said Corporation executed the same.
WITNESS my hand and official seal.
State of California 1
)
County of San Diego )
On before me, I
(Date) (Name, Title of Officer)
personally appeared
(Name[s] of Signer[s])
I 0 personally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name@)
idare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislherltheir authorized capacity(ies), and that by his/her/their
signature@) on the instrument the person@), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer@) other than named above
No. of Pages
EXHIBIT “A”
THAT PORTION OF PARCEL 4 OF PARCEL MAP 13524, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 28,1984 AS FILE NO.
DEDICATED ON SAID PARCEL MAP, DESCRIBED AS A WHOLE AS FOLLOWS: 84-403293 OF OFFICIAL RECORDS INCLUDING A PORTION OF MISSION ESTANCIA
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 4; THENCE ALONG THE SOUTHWESTERLY BOUNDARY THEREOF SOUTH 42’ 29’ 57” EAST 76.71 FEET TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE CITY OF
OFFICIAL RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND SOUTH
64’ 37’ 04“ EAST 464.92 FEET TO A POINT IN THE ARC OF A 958 FOOT RADIUS CURVE CONCAVE WESTERLY IN THE WESTERLY LINE OF SAID MISSION ESTANCIA;
THENCE ALONG A RADIAL LINE OF SAID CURVE SOUTV 71 O 41’ 37” EAST 42.00 FEET
TO A PORTION IN THE ARC OF A 1000.00 FOOT RADIUS CURVE IN THE CENTERLINE OF
SAID MISSION ESTANCIA; THENCE ALONG SAID CENTERLINE NORTHERLY ALONG SAID
CURVE THROUGH AN ANGLE OF 3’ 18’ 23” A DISTANCE OF 57.71 FEET; THENCE
TANGENT TO SAID CURVE NORTH 15’ 00‘ EAST 400.00 FEET TO A TANGENT 900 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE
THROUGH AN ANGLE OF 32O 18’ 00” A DISTANCE OF 507.37 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 4; THENCE ALONG THE NORTHERLY AND
NORTHWESTERLY BOUNDARY OF SAID PARCEL 4 AS FOLLOWS: SOUTH 72O 42’ 00” WEST 77.00 FEET; SOUTH 40’ 33‘ 22” WEST 166.07 FEET; SOUTH 61 ’ 58’ 30” WEST
99.97 FEET; SOUTH 34O 56’ 26” WEST 440.09 FEET; SOUTH 42’ 58‘ 12” WEST 135.95 FEET; AND SOUTH 23’ 21‘ 26” WEST 18.41 FEET TO THE POINT OF
BEGINNING.
CARLSBAD RECORDED NOVEMBER 1 I 1985 AS DOCUMENT NO. 85-41 141 7 OF
EXCEPTING THEREFROM ALL WATER, WATER RIGHTS, OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL
PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR
UNDER THE PARCEL OF LAND DESCRIBED ON THIS EXHIBIT, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND,
INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AAND MINEFROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, WATER, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH, OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE
EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN REPAIR,
DEEPEN, AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE
RIGHT TO ENTER UPON, DRILL, MINE, STORE, EXPLORE, AND OPERATE ON OR THROUGH THE SURFACE ORTHE OR THE FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED.
Assessor’s Parcel No: 223-060-50