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HomeMy WebLinkAboutMS 13-02; King Community Trust; 2014-0410727; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA. 92008 DOCtt 2014-0410727 lilililililiiiliiil Illlllllllllllllllll llllllllll SEP 23, 2014 10:24 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 156-142-40 MS 13-02 King Property HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 479-3A) and improvement plans (DWG 479-3) for development to occur on property more particularly described as (see attached, Exhibit "A") and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) The King Community Trust, Dated February 27, 1996, and King Family Investments, LLC, a California 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. Q;\CED\LandDevVPROJECTSWS\MS 13\MS 13-02 King Minor Subdivision - RickVBonds and AgreementsVHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWGS 479-3 and 479-3A).doc 01/25/13 It is agreed that the above owners will maintain ali 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. /// /// /// /// /// /// /// /// /// Tir /// /// /// /// /// /// /// /// /// /// /// Q:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-02 King Minor Subdivision - RicWHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWGS 479-3 and 479-3A).doc 01/25/13 IN WITNESS WHEREOF, Atr'pi day of sIo*st<L- the undersigned 2044=-. has executed this instrument this APPRQVED AS TQ FORM: CELIA BREWER City Attorney By: WJ ^ RON KEMP I Assistant City Attorney QWNER(S) The King Community Trust, Dated February 27, 1996, as to an undivided 50% interest and King Family Investments, LLC, a California Limited Liability Company, as to an undivided 50% interest as tenants in common By: William J. King, Trustee ofthe King Community Trust and King Family Investments, LLC, a California Limited Liability Company (print name and title) Date: ^ ^ | 7- - | 4- By: Robin L. King, Trustee ofthe King Community Trust and King Family Investments, LLC, a California Limited Liability Company Date: (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.) Q:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-02 King Minor Subdivision - RicWBonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWGS 479-3 and 479-3A).doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S^rv T^CigA^O } On J^g- -21) tH before me, (l-5^g-^-^^ f\oW^ ^uJ>lr^ Date Here Ihswt Name and Title of the OfTcer personally appeared U3\lVt.^':M^ "pLx'fVii Oyt^ ^ob\V\ L H^y'rv^ [s) of Slflner(s) I C. SWEENEY Corrimisslon # 1907112 Notary Public - California j Diego County 5 '»•-.. ."^y [fxpires Oct 20. ?ni4^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i^^ subscribed to the within Instrument and acknowledged to me that he/she/tfie^xecuted the same In hls/her,^h^authorized capacity(ies), and that by hls/herAj1^signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 Though the information below is not required by law, it may prove valuable to persons relying on the document and couid 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) OtherThan Named Above: Capacity(ies) Claimed by Slgner(s) Signer's-Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of Ihumb here ©200TNationalNotaryAssociation»9360DeSotoAvB.,RO,Bo!(2402»Chat8worlh,CA 91313-2402'vww.Nationalt^lotary.org ttem#5907 Reorder;CallToH-FtBe 1-80^876^27 Q:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-02 King Minor Subdivision - RicWHOLD HARMLESS AGREEMENT PANHANDLE LOTS (DWG 479-3A).docx Rev. 01/26/13 EXHIBIT "A" THAT PORTION OF LOT 3 OF THE WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0.2169, FILED IN THE OFFICE OF _THEJCDUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13,1929, LYING WESTERLY OF THE FOLLOWING-DESCRIBED UNE: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 3; THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LOT, SOUTH 55 DEGREES 27' WEST 30.00 FEET TO A POINT IN A LINE LYING PARALLEL TO AND 30.00 FEET SOOTHWESTERLY OF.THE NORTHEASTERLY UNE OF SAID LOT 3, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE, SOUTH 34 DEGREES 33' EAST 19.44 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOl/THWESTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 DEGREES 29' 30", A DISTANCE OF 167.25 FEET; THENCE, TANGENT TO SAID CURVE, SOUTH 0 DEGREES 56' 30" WEST 89.71 FEET TO THE BEGINNING OF A TANGENT, 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY- THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CEflTRAL ANGLE OF 90 DEGREES 00' 00", A DISTANCE OF 31.42 FEET TO A POINT IN A LINE LYING PARALLEL TO AND 10.00 FEET NORTHERLY OF THE SOUTHERLY UNE OF SAID LOT 3; THENCE RADIAL TO SAID CURVE, SOUTH 0 DEGREES 56' 30" WEST, 10.00 FEET TO A POINT IN SAID SOUTHERLY UNE AND THE POINT OF TERMINUS, SAID POINT OF TERMINUS LYING NORTH 89 DEGREES 03' 30" WEST 203.66 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 3