Loading...
HomeMy WebLinkAboutMS 13-06; Zephyr Custom Homes II LLC; 2014-0315636; Hold Harmless Agreement/Release/.iF DOCtt 2014-0315G3G lllllllllllllllllillllllllilllll RECORDING IS REQUESTED JUL 25, 2014 2:06 PM FOR THE BENEFIT OF THE CITY JUL 25, 2014 2:06 PM OF CARLSBAD OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED MAILTO: Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk PAGES: CITY OF CARLSBAD 1 mill mil nil! Illll Hill lllll Hill lllll lllll lllll lllll lllll lllll lllll lllll llll 1200 Carlsbad Village Dr. llllllllllll IIIIIIIMI Carlsbad.CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 205-080-02 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: MS 13-06 1811 Oak Avenue HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 481-3A) and improvement plans (DWG 481-3) for development to occur on property more particularly descnbed as (see attached. Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Zephyr Custom Homes II, LLC, 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 dunng the construction work or improvements as specified in this agreement. The entire nsk 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 Q:\CED\LandDev\PROJECTS\MS\MS 13\IVIS 13-06 Oak Avenue - Rick\Bonds and Agreements\HOLD HARIVILESS AGREEMENT GEOLOGICAL FAILURE (DWG 481-3 and 3A).doc 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 Q:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-06 Oak Avenue - Rick\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 481-3 and 3A).doc IN WITNESS WHEREOF, the undersigned has executed this instrument this dav o1__^A\7d^ 20jl4. OWNER(S) Zephyr Custom Homes II, LLC, a Delaware limited liability company By: Zephyr Partners - RE, LLC, a California limited liability company Its: Manager By: (sign here) Brad Termini, Manager, Zephyr Partners - RE, LLC, a California limited liability company Date: (pnnt name and title) fop I 1^ APPROVED AS TO FORM: CELIA BREWER City Attorney . RON KEMP ^ Assistant City Attorney (Proper notanal 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 13-06 Oak Avenue - Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 481-3 and 3A).doc Form No. 1402.06 f Y. fS X Vi JL 1 f \ Policy Page 5 ALTA Owner's Policy (6-17-06) -L—Policy Number: 4446519 SCHEDULE A First American Title Insurance Company Name and Address of Title Insurance Company: First American Title Insurance Company 1 First American Way Santa Ana, CA 92707 File No.: DIV-4446519 Policy No.: 4446519 Address Reference: 1811 Oak Avenue, Carisbad, CA 92008 Amount of Insurance: $1,050,800.00 Premium: $2,180.00 Date of Policy: July 30, 2013 at 4:59 P.l^. 1. Name of Insured: Zephyr Custom Homes II, LLC, a Delaware Limited Liability Company 2. The estate or interest in the Land that is insured by this policy is: A fee as to Parcel(s) A, an easement as to Parcel(s) B and C 3. Title is vested in: Zephyr Custom Homes II, LLC, a Delaware Limited Liability Company 4. The Land referred to in this policy is described as follows: Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL "A": THAT PORTION OF LOTS 32 AND 34 OF PATTERSON'S ADDITION TO CARLSBAD AND THAT PORTION OF CANYON STREET, CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, SEPTEMBER 30, 1939, TOGETHER WITH THE SOUTHEASTERLY 10 FEET OF OAK AVENUE ADJOINING LOT 32 ON THE NORTHWEST AS CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, SEPTEMBER 30, 1939, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 565 FILED IN THE OFHCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 74-8 ACCORDING TO MAP THEREOF NO. 8072 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 14, 1975, SUCH POINT BEING IN THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 10 FEET OF OAK AVENUE; THENCE, ALONG SAID NORTHWESTERLY LINE, NORTH 55° 28' 04" EAST 97.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID NORTHWESTERLY LINE, SOUTH 34° 38' 52" EAST 160.23 FEET; THENCE NORTH 55° 28' 04" EAST 300.53 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF CANYON STREET; THENCE, ALONG SAID SOUTHWESTERLY LINE, NORTH 61°34'11" WEST 163.76 FEET, NORTH 19° 43" 15" WEST 14.86 FEET TO A POINT IN THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10 FEET OF OAK AVENUE; THENCE, ALONG SAID NORTHWESTERLY LINE SOUTH 55° 28' 04" WEST 230.21 FEET TO THE TRUE POINT OF BEGINNING. SAID LAND IS PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED ON First American Title Insurance Company Form No. 1402.06 Po"cy Page 6 ALTA Owner's Policy (6-17-06) Policy Number: 4446519 JULY 5, 1983 AS INSTRUMENT NO. 83-227527, OF OFFICIAL RECORDS. PARCEL "B": AN EASEMENT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A LINE OF SEWER PIPE OR PIPES OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LANDS: THAT PORTION OF LOT 32 OF PATTERSON'S ADDITION TO CARLSBAD AND THAT PORTION OF THE SOUTHEASTERLY 10.00 FEET OF OAK AVENUE CLOSED TD PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, SEPTEMBER 30, 1939, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 565 FILED IN TT^E OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 74-8 ACCORDING TO MAP THEREOF NO. 8072 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 14, 1975, SUCH POINT BEING IN THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 10.00 FEET OF OAK AVENUE; THENCE, ALONG SAID NORTHWESTERLY LINE NORTH 55° 28' 04" EAST 97.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE, SOUTH 34° 38' 52" EAST 160.23 FEET; THENCE, SOUTH 55° 28' 04" WEST, 11.67 FEET; THENCE NORTH 34° 38' 52" WEST, 160.23 FEET TO A POINT IN THE SAID NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10.00 FEET OF OAK AVENUE; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 55° 28' 04" EAST, 11.67 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE BENEFIT OF SAID PARCEL "A". PARCEL "C": AN EXCLUSIVE EASEMENT IN GROSS FOR INGRESS AND EGRESS, PLANTING AND UVNDSCAPING FOR THE BENEFIT OF YVONNE MEIER, AN OWNER OF PARCEL "A" HEREIN, AND HER HEIRS OR DEVISEES, OVER, UNDER, ALONG AND CROSS THE PROPERTY DESCRIBED IN PARCEL "B" ABOVE. SAID EASEMENT SHALL TERMINATE UPON THE SALE BY THE SAID YVONNE MEIER OR HER HEIRS OF THE SOUTHWESTERLY 85 FEET OF PARCEL "A". APN: 205-080-02-00 First American Trtle Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 9 } t O personally appeared Name(s) of Slgner(s) CofflfflittkM # 202tN4 Notary PaMie-CaliforM SMOmoCMiHy it Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. rOxJUqcAAk^A ^ itei'.rfature of Notary Publii Signature OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could 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:. Sigrier(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 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 tiiumb tiere Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPRINT OFSIGNER Top of ttiumb here ©2007NationalNotaryAssociation-9350DeSotoAve.,P.O.Box2402»a)atswoi1h,CA 91313-2402•www.NatlonalNotary.org ltem#5907 Reorder:CallToll-Fiee 1.800.876.6827 Q:\CED\tanaDev\PROJECTS\MS\MS 13\MS 13-06 Oak Avenue - Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 481-3 and 3A).doc