HomeMy WebLinkAboutPD 50-12; Smith 2000 Family Trust; 2006-0399376; Hold Harmless Agreement/Release13680 DOC# 2006-0399376
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
7P
NT
JUN06, 2006 4:18 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ. SMITH. COUNTY RECORDER
FEES: 000
PAGES: 7
2006-0399376
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
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No. 435-1A) and
improvement plan (Plan No. 435-1) for development to occur on property described in Exhibit
"A" attached hereto and made a part hereof. I/We, Smith 2000 Family Trust dated January 31,
2000, the owners of said property promise to indemnify and to hold the City of Carlsbad, its
officers, agents and employees harmless from liability for injuries to persons, or damage to or
taking of property, directly or indirectly caused by the diversion of waters, the alteration of the
normal flow of surface waters or drainage, or the concentration of surface waters or drainage
from the drainage system or other improvements identified in the approved plans; or by the
design, construction or maintenance of the drainage system or other improvements identified in
the approved plans.
Approval of the plans by the City shall not constitute an assumption by the City of any
responsibility for such damage or taking. City shall not be an insurer or surety for the design or
construction of the improvements pursuant to the approved plans, nor shall any officer or
employee thereof be liable or responsible for any accident, loss or damage happening or
C:\Documents and Settings\afaze\Desktop\HOLD HARMLESS AGREEMENT DRAINAGE FORM PD05-12 Smith.doc Rev 12/08/96
13681
occurring during the construction work or improvements as specified in this agreement.
It is further agreed that the above owner(s) will maintain all drainage systems to insure a
free flow to a satisfactory point of discharge unless said systems are accepted as public
facilities.
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 , 2006.
PROPERTY OWNERS
Smith 2000 Family Trust dated January 31. 2000
By:
(Sigfi Here)
R. Marty Smith, Trustee
(Print Name and Title)
Date: ~
By:
(Sign Here)
Keri L. Smith, Trustee
(Print Name and Title)
Date: ^/£2/0 6?
(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.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
•Assistarrt-City Attorney
2
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13682
State of California )
)
County of San Diego )
On 3-2.2.-Gfe before me,
(Date)
personally appeared /> . A/\<*r / Sm/'-M
(Name, Title of Officer)
L . S>/r?.'/A
(Name[s] of Signer[s])
L E^personally known to me -OR -
(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 be/ahe/they
executed the same in .his/her/their authorized capacity (ies), and that by his/I leTftheir
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
(7y£
S^nature of Notary
JESSICA L. SMITH
ComrniMlonf 1357592
Notary PubHc - CaWwniacounty
MyComre.Expire8May21.2006F
(This area for
official notary seal)
Title or Type of Document //*/</ //
Date of Document 3-Z.2--ofc>
nr/n le*,^ /~Kjre.eiritn-/- ~ Drc\
No. of Pages 2_
.
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Signer(s) other than named above
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Order Number: 1732727 (50)
13683
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL A:
THAT PORTION OF LOT 308 OF OTY OF CARLSBAD TRACT 85-35, PHASE I- UNIT E, IN THE
OTY 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,
48039 FEETTO A POINT ON THE NORTHERLY LINE OF SAID LOT 308; THENCE ALONG SAID
NORTHERLY UNE 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 240 45114" 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.
PARCELS:
AN EXCLUSIVE EASEMENT FOR GENERAL UTILITIES, INGRESS AND EGRESS OVER, UPON AND
ACROSS THAT PORTION OF LOT 306 OF CITY OF CARLSBAD TRACT 85-35, PHASE I-UNIT E, IN
THE COY 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, RLE 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 LOT306 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 CTTY 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 FEET TO 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 OFRCE 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 We
O u
Older Number: 1732727 (50)
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 SATO SOUTHERLY LINE SOUTH
85° 12' 56" WEST, 63.55 FEET TO THE TRUE POINT OF BEGINNING.
SAID POINT BEING THE BEGINNING OF A NON-TANGENT 60.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTHEAST, A RADIAL LINE TO SAID POINT BEARS SOUTH 31° 24' 30" WEST;
THENCE LEAVING SATO SOUTHERLY LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
"THROUGH A CENTRAL ANGLE OF 10° 50' 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
86<> 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° 591 10" 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° Off 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°
56' 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 CITY OF CARLSBAD AS SHOWN ON MAP NO. 12413,
RECORDED JUNE 29, 1989 AS RLE NO. 89-346189 OF OFFICIAL RECORDS; THENCE
NORTHEASTERLY ALONG SAID WESTERLY LINE NORTH 36° 11' 01" EAST, 87.95 FEET; THENCE
LEAVING SATO WESTERLY LINE 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 SATO CURVE THROUGH A CENTRAL ANGLE OF 17° 31*
48" A DISTANCE OF 45.89 FEET; THENCE SOUTH 52° 05' 52" WEST, 3.00 FEETTO THE
BEGINNING OF A NON- TANGENT 153.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, A
RADIAL LINE 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 FEETTO 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 FEETTO 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 Titte
13684
o
Order Number: 1732727 (50)
Page Number: J
44' 53" EAST, 60.95 FEET; THENCE NORTH 42° 15' 07" EAST, 2.00 FEET; THENCE SOUTH 47°
44' S3" 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-OF-WAY 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
CITY OF CARLSBAD TRACT NO. 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 AS FILE NO.
89-346189, BEING MORE FULLY DESCRIBED IN PARCEL B OF CERTIFICATE OF COMPLIANCE
RECORDED SEPTEMBER 21, 1995 AS FILE 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° 45' 14" 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 LINE 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
Rrst American We
13686
PETITION FOR INCLUSION OF TERRITORY TO CITY OF
CARLSBAD STREET LIGHTING AND LANDSCAPING
DISTRICT AND WAIVER OF ENGINEER'S "REPORT"
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.
IE! 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
/s£*&$&&-- -y»*c
(sign ftere) (date)
R. Marty Smith
,J (print name here) >
^i^JJ(wttcP£
(sign here) (date)
Keri L. Smith
(print name here)
Received in the office of the City Engineer of the City of Carlsbad, this f day of
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
CITY ENG0?EER
CITY OF CARLSBAD
STATE OF CALIFORNIA
Deputy
H:/Development Services/Masters/Bonds & Agreements/Pet Incl Terr to City St Light & Landscaping Rev 8/19/2003