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HomeMy WebLinkAboutPD 05-12; Smith 2000 Family Trust; 2006-0399377; Hold Harmless Agreement/Release13687 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 7P NF DGC# 2006-0399377 JUN06, 2006 4:18 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 000 PAGES: 7 2006-0399377 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 215-612-24 PROJECT NO. & NAME: _ PD 05-12 Smith Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 435-1A) and improvement plans (DWG 435-1) for development to occur on property described as in exhibit "A" attached hereto and make a part hereof more particularly described as (APN No. 215-612- 24), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Smith 2000 Family Trust dated January 31, 2000, 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 1 C:\Documents and Settings\afaze\Desktop\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREPD05-12 Smith doc Rev. 12/08/98 13688 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 _ day of /LCvt-fA- , 2006. PROPERTY OWNERS Smith 2000 Family Trust dated January 31,2000 By: Date: By: Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney (sigirnere) R. Marty Smith, Trustee (print name and title) *> /2 2- (sign here) Keri L. Smith, Trustee (print name and title) Deputy City Attorrfsy (Proper notarial 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.) C:\Documents and Settings\afaze\Desktop\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREPD05-12 Smith.doc Rev. 12/08/98 13689 State of California County of San Diego On 3-22.-ofe (Date) personally appeared ri /. before me,L. Sm.^A.. /A (Name, Title of Officer) d (Name[s] of Signer[s]) .^personally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) "ts~/are subscribed to the within instrument and acknowledged to me that heMte/they executed the same in bie/hef/their authorized capacity(ies), and that by-his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal s?/ ^jrrfUsbl* nature of Notary JESSICA L. SMITH k CommlMkmf 1357592 I Notary Public - California f Riverside County f My Comm. Expires May21.20061 (This area for official notary seal) Title or Type of Document /4«lJ Date of Document 3 -"2.2. - Signer(s) other than named above No. of Pages C:\Documents and SeItings\afaze\Desktop\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREPD05-12 Smith doc Rev. 12/08/98 u Order Number: 1732727(50) Page Number » EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described asfollows: PARCEL A: THAT PORTION OF LOT 308 OF CITY OF CARLSBAD TRACT 85-35, PHASE I- UNFT E, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989, FILE NO. 89-346189, BEING MORE PARTICULARLY DESCRIBED ON CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 21, 1995 AS RLE NO. 1995-0422507 OF OFFICIAL RECORDS AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 308; THENCE ALONG THE WESTERLY LINE OF SAID LOT 308 NORTH 08° 13' 40" WEST, 95.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 08° 13' 40" WEST, 480 39 FEETTO A POINT ON THE NORTHERLY LINE OF SAID LOT 308; THENCE ALONG SAID NORTHERLY LINE SOUTH 89° 43' 45" EAST, 87.00 FEETTO A POINT ON THE EASTERLY LINE OF SAID LOT 308; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING: SOUTH 24" 45' 14" EAST, 154.52 FEET; THENCE SOUTH 01° 56' 01" WEST, 337.03 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 44° 56' 44" WEST, 21.14 FEET; THENCE NORTH 73° 12' 48" WEST, 59.17 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: AN EXCLUSIVE EASEMENT FOR GENERAL UTILmES, INGRESS AND EGRESS OVER, UPON AND ACROSS THAT PORTION OF LOT 306 OF CTTY OF CARLSBAD TRACT 85-35, PHASE I-UNIT E, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989, FILE NO. 89-346189, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 306; THENCE ALONG THE WESTERLY LINE OF SAID LOT 306 NORTH 01° 56' 01" EAST, 43.98 FEETTO AN INTERSECTION WITH THE NORTHWESTERLY EASEMENT LINE OF AN EXISTING GENERAL UTILITY AND ACCESS EASEMENT DEDICATED TO THE OTY OF CARLSBAD AND SHOWN ON SAID MAP NO. 12413; THENCE ALONG THE NORTHWESTERLY LINE OF SAID GENERAL UTILITY EASEMENT NORTH 44<> 56' 44" EAST, 384.12 FEETTO A POINT ON THE EASTERLY LINE OF SAID LOT 306; THENCE ALONG SAID EASTERLY LINE SOUTH 55° 16' 00" EAST, 30.48 FEETTO THE SOUTHEAST CORNER OF SAID LOT 306, SOUTH 44° 56' 44" WEST, 421.68 FEETTO THE POINT OF BEGINNING. PARCEL C: A NON-EXCLUSIVE EASEMENT FOR ACCESS IN, OVER, ACROSS AND THROUGH THAT PORTION OF PARCEL 6 OF PARCEL MAP NO. 16451 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 15, 1991 AS FILE NO. 91-0168677 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: First American Title O . : . O Order Number: 1732727 (50) 13691 Page Number: ra. COMMENCING AT AN ANGLE POINT ON THE EASTERLY LINE OF SAID PARCEL 6, SAID POINT BEING THE NORTHERLY TERMINUS OF THAT LINE WHICH BEARS NORTH 85° 12' 56" EAST, A DISTANCE OF 148.12 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY UNE SOUTH 85<> 12- 56" WEST, 63.55 FEET TO THE TRUE POINT OF BEGINNING. SATO POINT BEING THE BEGINNING OF A NON-TANGENT 80.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAID POINT BEARS SOUTH 31° 24' 30" WEST; THENCE LEAVING SAID SOUTHERLY LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10° SO' 37" A DISTANCE OF 15.14 FEET; THENCE NORTH 49° 49' 50" WEST 55.04 FEET; THENCE NORTH 42° 15' 07" EAST, 2.00 FEET; THENCE NORTH 45<> 52' 07" WEST, 60.98 FEET TO THE BEGINNING OF A NON-TANGENT 62.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID POINT BEARS NORTH 42* 15* 07" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 860 44- 46" A DISTANCE OF 93.87 FEET; THENCE SOUTH 45° 30' 21" WEST, 106.34 FEET TO THE BEGINNING OF A TANGENT 318.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07° 45* 28" A DISTANCE OF 43.06 FEET; THENCE SOUTH 53° 15' 49" WEST, 71.53 FEET TO THE BEGINNING OF A TANGENT 82.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31° 59110" A DISTANCE OF 45.78 FEET; THENCE SOUTH 21° 16' 39" WEST, 123.29 FEETTO THE BEGINNING OF A TANGENT 182.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21° 01' 50" A DISTANCE OF 66.80 FEET; THENCE SOUTH 00° 14' 49" WEST, 5.55 FEET TO THE BEGINNING OF A TANGENT 117.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38° 08' 57' A DISTANCE OF 77.90 FEET; THENCE SOUTH 52° 05' 52" WEST, 3.00 FEET; THENCE SOUTH 46° 40' 02" EAST, 36.57 FEET; THENCE SOUTH 55° 25' 56" EAST, 134.30 FEETTO A POINT ON THE EASTERLY LINE OF SAID PARCEL 6; THENCE SOUTHWESTERLY ALONG SAID EASTERLY LINE SOUTH 44° 55' 44" WEST, 119.96 FEET; THENCE ALONG THE SOUTHERLY LINE OF PARCEL 6 NORTH 55° 16' 00" WEST, 30.48 FEETTO A POINT ON THE WESTERLY LINE OF THAT GENERAL UTILITY AND ACCESS EASEMENT GRANTED TO THE CTTY OF CARLSBAD AS SHOWN ON MAP NO. 12413, RECORDED JUNE 29, 1989 AS FILE NO. 89-346189 OF OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE NORTH 36° 11' 01" EAST, 87.95 FEET; THENCE LEAVING SAID WESTERLY UNE NORTH 55° 25' 56" WEST, 84.70 FEETTO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17° 31* 48" A DISTANCE OF 45.89 FEET; THENCE SOUTH 52° OS1 52" WEST, 3.00 FEETTO THE BEGINNING OF A NON- TANGENT 153.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, A RADIAL UNE TO SAID POINT BEARS SOUTH 52° 05' 52" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38° 08' 57" A DISTANCE OF 101.87 FEET; THENCE NORTH 00° 14' 49" EAST, 5.55 FEETTO THE BEGINNING OF A TANGENT 218.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21° 01' 50" A DISTANCE OF 80.02 FEET; THENCE NORTH 21° 16' 39" EAST, 123.29 FEET TO THE BEGINNING OF A TANGENT 118.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31° 59' 10" A DISTANCE OF 65.88 FEET; THENCE NORTH 53° 15' 49" EAST, 71.53 FEET TO THE BEGINNING OF A TANGENT 282.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07° 45' 28" A DISTANCE OF 38.18 FEET; THENCE NORTH 45° 30' 21" EAST, 106.34 FEET TO THE BEGINNING OF A TANGENT 98.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86° 44' 46" A DISTANCE OF 148.37 FEET; THENCE SOUTH 47° First American We • u . '. u Order Number: 1732727 (50) PageNumbenJ 13692 44' 53" EAST, 60.95 FEET; THENCE NORTH 42° 151 07" EAST, 2.00 FEET; THENCE SOUTH 47<> 44' 53" EAST, 55.00 FEET TO THE BEGINNING OF A TANGENT 40,00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64° 00' 06" A DISTANCE OF 44.68 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF BLACKRAIL COURT AS SHOWN AND DEDICATED PER SAID PARCEL MAP NO. 16451; SAID POINT ALSO BEING THE BEGINNING OF A NON- TANGENT 50.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, A RADIAL LINE TO SAID POINT BEARS NORTH 89° 17' 48" WEST; THENCE SOUTHERLY ALONG SAID RIGHT-OPWAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30° 59' 00" A DISTANCE OF 27.04 FEET; THENCE SOUTH 85° 12' 56" WEST, 63.55 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D: AN EASEMENT FOR INGRESS AND EGRESS OVER, UNDER AND ALONG PORTION OF LOT 308 OF CTTY OF CARLSBAD TRACT NO. 85-35, PHASE I-UNFT E, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-346189, BEING MORE FULLY DESCRIBED IN PARCa B OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 21,1995 AS RLE NO. 95-0422507 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 308; THENCE ALONG THE EASTERLY LINE OF SAID LOT SOUTH 24° 45114" EAST, 154.55 FEET; THENCE SOUTH 01° 56' 01" WEST, 337.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LOT LINE SOUTH 01° 56' 01" WEST 19.28 FEET; THENCE LEAVING SAID EASTERLY UNE ALONG THE SOUTHERLY LINE AS DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE; NORTH 73° 12'48" WEST, 14.92 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 44° 56' 44" EAST 21.14 FEET TO THE TRUE POINT OF BEGINNING. APN: 215-612-24-00 First American We PETITION FOR INCLUSION OF TERRITORY TO CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT AND WAIVER OF ENGINEER'S "REPORT" 13693 AND PUBLIC HEARING REQUIREMENTS PD05-12 THE UNDERSIGNED constitute one hundred percent (100%) of the owners of property proposed to be annexed to one of the existing CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICTS, formed pursuant to the "Landscaping and Lighting Act of 1972," being Division 15, part 2 of the Streets and Highways Code of the State of California. Street Lighting Medians Trees THE UNDERSIGNED hereby requests inclusion of the following referenced property to said District, which District was formed to maintain certain street lighting and landscaping improvements within said District and hereby consent to assessments levied under the existing assessment formulas and hereby acknowledge the receipt of the lighting and landscaping benefits to said property. Future assessment increases will be caused by reason of increases in the costs of labor, materials and utility cost increases applied to energy rates and water fees. Assessments can be subsequently modified and increased, as authorized by Section 54954.6 of the Government Code of the State of California, to reflect annual increases in the costs of labor and materials based upon the Consumer Price Index, San Diego, as published by the Department of Labor computed for the first Index in March of each year, and those above referenced changes will not constitute new and/or increased assessments requiring additional notification. THE UNDERSIGNED hereby waive any and all notice and hearing requirements, and the requirement of the filing of an Engineer's "Report," pursuant to Section 22608.2 of the Streets and Highways Code of the State of California. Property Description (APN: 215-612-24) Per attached Exhibit "A" Name Smith 2000 Family Trust dated January 31, 2000 Signature Date ^£*&$&&- y^ (sign Ifere) (date) R. Marty Smith / (print name here) / <£uidPJmdJd& (sign here) (date) Keri L. Smith (print name here) Received in the office of the City Engineer of the City of Carlsbad, this day of APPROVED AS TO FORM: RONALD R. BALL City Attorney CITY ENG03EER ? CITY OF CARLSBAD STATE OF CALIFORNIA Deputy City Attorrtey H:/Development Services/Masters/Bonds & Agreements/Pet Incl Terr to City St Light & Landscaping Rev 8/19/2003