Loading...
HomeMy WebLinkAboutMS 15-12; Casa Aldea Carlsbad LP; 2017-0616383; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2017-0616383 11111111111111111111111111111111 lllll 111111111111111111111111111111111 Dec 29, 2017 03:05 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0 00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 168-360-16-00 /\Ch I PROJECT ID: -M-S -15--1-2__,(.---,/.2=-1=--~p-16--1----,3-7.- ~ PROJECT NAME: Cannon Road Senior Housing HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 500-SA) 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, I/(We) Casa Aldea Carlsbad, L.P., a California limited partnership, 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. 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 \IFILES01V\Departments\CED\LandDev\PROJECTSIMS\MS 15\MS 15-12 Cannon road Senior Housing -Bobbett\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 / / 1 ~; I 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. Ill Ill /II /II /II /II /II /II Ill /II /II /II /II /II /II Ill Ill /II /II /II /II Ill 2 I\FILES01V\DepartmentslCED\LandDev\PROJECTS\MS\MS 15\MS 15-12 Cannon road Senior Housing-Bobbett\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this S day of J::t::cefY\b..et , 20_\)__ APPROVED AS TO FORM: CELIA BREWER City Attorney By~ RQNKEMp Assistant City Attorney City of Carlsbad OWNER(S) Casa Aldea Carlsbad, L.P., a California limited partnership By: Esquiline, Inc., a California corporation, Its General Partner By: (sign here) Carl Gustafson, Vice President (print name and title) Date: 1¥47 By: (sign here) (print name and title) Date: (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.) 3 I\FILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 15\MS 15-12 Cannon road Senior Housing -BobbettlB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of .S,.:i,J Oj 1-/4 D J On bf u,v/ biK.., 6 1 __;io, J before me, _L~u+f'~f_, _</>_1_~_f_f._J+-t_l.,---+-( ~;J_i'.1_~_,"'-_',_l1,,-_,_;_-_J>_u~b~/~1~·e-,,~1 __ _ Date Here Insert Name and ntfe of the Officer personally appeared _t-'' t-'-t_P_, ,__/ ___,l=;~t~/J!,~, ··J"f--'.c~r-·1--f __ (1~· =U~'>,_,-fu,li~f+,"~>~L~'i r-l~-------------1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(¥ whose name(~ is/a;,6 subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/he!.L:their authorized capacity(i~), and that by his/herAfleirsignature~ on the instrument the person\81, or the entity upon behalf of which the person'5) acted. executed the instrument. 1············1 i / · Notar~u:uEb~:~~~~fornia z San Diego County ! Commission# 2195510 My Comm. Expires Jun 1, 2021 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------OPTIONAL _______________ _ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document c;~.o l()J,{e,.,y_,f f'o.., lui e_, · Title or Type of Document: Ho 14 lfrw ,vi Ii!.;,~ WI f .if,,1.,t,,,.,A-Document Date: / )-f b C /11 Number of Pages: ,j Signer(s) Other Tha¼ Named Above: ____________ _ Capacity(ies) Cl ime~ by Signer(s) . Signer's Name: \ ti (-' · 0 c ( t (; D Corporate Officer -Title(s . ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CEDILandDev\PROJECTS\MS\MS 15\MS 15-12 Cannon road Senior Housing -Bobbett\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO lIEREIN BELOW IS SITUATED IN TIIE CITY OF CARLSBAD. IN TIIE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS: PARCEL A OF CERTIFICATE OF corvtPLJANCE FOR ADJlSfMENT PLAI RECORDED :vL\Y O:"i. 21)1() ,\', li\S !RI ;MLN l NO. :d ! 0--(12255 11 OF ( >l l· I( l:\L. RLCUJ.-WS, BEING ALL OF LOT 3 OF CARLSBAD TRACT NO. 02- 16. IN THE CITY Of CARLSBAD. COUNTY Of SAN DIEGO. STATE Of CALJFORNIA. ACCORDING TO \J.\J: ::::<J. RECORDED IN THE OFFICE Of THE COUNTY RECORDER Of SAN DIEGO COUNTY ON ~f.l'_l l \lllL[LI:~, 21)(17 :\S INS! RI .i\ffJj_L'.'_i!, .. :'fJ\!2(!12.L:'.~Jl.O_I 01-FIC!.\L.BJ·:crn-ms. AND A PORTION OF PARCEL 2 OF l);\l((_LL 1\1 \P NO. llJX04, IN THE CITY OF CARLSBAD. cou:--:TY OF SAN DIEGO. STATE OF CALIFORNIA. RECORDED IN THE OFFICE OF THE COUN'fY RECORDER OF SAN DIEGO COUNTY ON _\lCiliST lit '005_ :\S I;\STRl i\11._i) _ _L 1\U. 200.:i-1Hi:'i9.>;0~ 01· 011 ICL\L !{!CORDS. BEfNG MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT Tiff NORTHWEST CORNER OF SAID LOT 3 OF MAP '\O 1 ~608, SAID POINT BEING ON A 1400.00 FOOT RADIUS CURVE CONCAVE SOl.'THERLY. A RADIAL TO SAID POINT BEARS NORTH 28'.H'06'' \VEST, S/\ID POINT BEfNG THE IRUE POINT OF BEGINNING; TIIFNCE ALONG THE '.\fORTll LINE OF SAID JOT 1, EASTERLY ALONG THE ARC OF SAID CURVE THROLGH A CENTRAL ANGLE OF 20'07'19" .-\ DISTANCE OF 491.67 FEET: THENCE NORTH 81''33'1:1" EAST 313 18 FEET TO THE NORTHEAST CORNFR OF SAID LOT 3: THENCE ALONG THE EAST Ll:-.:E OF SAID LOT 3. SOUTH 08''26'47" EAST 51.00 FEET TO THE NORTHWEST CORNER SAID PARCEL 2 OF P.\l~CTI M \P l\O 19:;0 .. +; THENCE E/\STFRLY ALONG THE NOR Ill LINE OF SAID PARCEL 2, NORTH 81 "33' 13•· EAST 2J4.27 FEET: THE:'!CE LE1\ YING SAID NORTH LINE. SOL!TH 08 26'47" EAST 46.02 FEl::T: THE:-.JCI:: SOUTH 00°-11·2r WEST 151A9 FEET; n-H::'.M.'E SOL'TH 5159':20" \\ES! 29.64 FEET: THENCE SOUTH 16"30'58" EAST 171.16 FEET TO THE SOL'TH LINE OF SAID PARCEL 2: rl!E'.\CF WESTERLY ALONG SAID sot:Tfl LINF, SOliT!l 65 09'20" WEST 184.16 FEET; fl!ENCE NORT!l 77'55'.,4" WEST 11.'l.37 FEET TO THE SOUTHEAST CORNER OF LOT :l; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT, :\ORTH 77°55'34" WEST 521.75 FEET; THENCE SOLT!! 65°,5' I 3" \VEST 101.29 FEET l'O THE SOLTIIWFST CORNER OF SAID LOT J; TIIENCE ALONG TI-IE WEST LINE OF SAID LOT. NORTH 26c32'03" WEST 9~.09 FEET TO fHE BEGIN\/ING OF A NON-TANGENT 178.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY. ,\ RADIAL TO SAID POINT BEARS SOL'TH 22° I -n I .. WEST: THENCE NOR rl!WESTERL Y ALONG T!IE :\RC OF SAID CURVE THROLi(,H A CE:-.JTRAL ANGLE OF 26''0 I '51" A DISTANCE OF 80.87 FEET TO Tl IE BE(;[N;',;IN(i OF A REVERSING 25.00 FOOT RADIUS CURVE. CONCAVE SOUTHWESTJ:::JU.Y. A RADIAL TO SAID POINT BEARS NORTH 48'16'22" EAS.11'; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CliRVE THROliGH A CEN rRAL ANGLE UF 76'50'28" .-\ DISTANCE OF 33.53 FEET: THENCE NORTH 2K0 :W06" WEST 51.00 Fl:£! TO lfff TRUE POINT OF BEGINNING. APN: 168-360-16-00