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
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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