HomeMy WebLinkAboutSDP 05-04; S.C. Hotel, LLC; 2015-0646573; Hold Harmless Agreement/ReleaseIt 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
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.
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\\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 05\SDP 05-04x2 DKN Hotel-Rick\6 & A \HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
01/25/13
~· i EXHIBIT "A"
Parcel Merger-Proposed Parcel
Parcel 1 -Legal Description
ALL THAT PORTION OF BLOCK 18 OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, IN
THE COUNTY OF SAN DJEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF
NO. 775, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894, AND OF TRACT 100 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: .
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAID BLOCK 18, DISTANT THEREON
150 FEET NORTHEASTERLY FROM THE MOST WESTERLY CORNER OF SAID BLOCK 18 SAID
POINT BEING ALSO THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF SAID
BLOCK 18 WITH THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY RIGHT OF WAY, AS
SAID lUGHT OF WAY IS DESCRIBED IN THE DEED FROM W. T. HART AND SARAH M. HART, ET AL
TO THE STATE OF CALIFORNIA, DATED AUGUST 7, 1924 AND RECORDED IN BOOK 1040, PAGE 76
OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 6°17' 30"; WEST (RECORD SO UTI-I 6° 27'
WEST) ALONG SAID EASTERLY RIGHT OF WAY LINE 198.75 FEET TO THE MOST SOUTHERLY
CORNER OF THE LAND CONVEYED BY THE WM. G. KERCKHOFF CO. TO GERARD C. AND MAY
GARDNER, HUSBAND AND WIFE, BY DEED DATED AUGUST 19, 1936 AND RECORDED IN BOOK
546, PAGE 400 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO; THENCE NORTH 55° 27'
EAST ALONG THE SOUTHEASTERLY LINE OF SAID GARDNER'S LAND 139.25 FEET TO THE MOST
EASTERLY CORNER THEREOF, BEING A POINT ON THE NORTHEASTERLY LINE OF SAID TRACT
100; THENCE NORTH 34° 33' WEST ALONG SAID NORTHEASTERLY LINE AND THE
NORTHWESTERLY EXTENSION THEREOF 160 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH;
ALL THAT PORTION OF TRACT 100 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661,
FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF SAID
TRACT 100, WITH THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY RIGHT OF WAY
AS SAID RJGHT OF WAY IS DESCRIBED IN THE DEED FROM SOUTH COAST LAND COMPANY TO
THE STATE OF CALIFORNIA, DATED SEPTEMBER 8, 1924 AND RECORDED IN BOOK 1032, PAGE
284 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 6° 17' 30" WEST (DEED RECORD
SOUTH 6° 27' WEST) ALONG SAID EASTERLY RIGHT OF WAY LINE 79.60 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 55° 27' EAST PARALLEL WITH THE NORTHWEST LINE
OF SAID TRACT 100, A DISTANCE OF 95.85 FEET TO INTERSECTION WITH A NORTHEASTERLY
LINE OF SAID TRACT 100; THENCE SOUTH 34° 33' EAST ALONG SAID NORTHEASTERLY LINE
90 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID TRACT 100, SAID POINT BEING
ALSO IN THE NORTHWESTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND
COMPANY TO L. R. SLOAN AND BESSJE SLOAN, BY DEED DATED APRIL 28, 1930 AND
RECORDED IN BOOK 1763, PAGE 328 OF DEEDS, RECORDS OF SAID COUNTY; TiffiNCE SOUTH
55° 27' WEST ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO SAID .
SLOAN TO THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY RIGHT
OF WAY ABOVE MENTIONED; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT OF
WAY LINE TO TilE TRUE POINT OF BEGINNING. THE SOUTHEASTERLY LINE AND THE
NORTHWESTERLY LINE THEREOF, BEING PARALLEL WITH THE NORTHWESTERLY LINE OF SAID
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EXHIBIT "A"
TRACT 100, EXCEPTJNG THEREFROM THAT PORTION LYJNG NORTHWESTERLY OF A LINE
DRAWN PARALLEL WITH AND 50 FEET MEASURED AT RIGHr ANGLES SOVTHEASTERLY FROM
THE NORTHWESTERLY LINE OF SAID ABOVE DESCRIBED PARCEL.
TOGETHER WITH;
THE SOUTHEASTERLY HALF OF THE NORTHEASTERLY QUARTER OF BLOCK 18 OF CARLSBAD,
IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 775, FILED lN THE OFFICE OF COUNTY RECORDER OF SAN
DIEGO COUNTY, FEBRUARY 15, 1894.
TOGETHER WITH;
THAT PORTION OF TRACT 100 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE
OFFICE OF THE COuNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID TRACT; THENCE NORTH 34° 33' WEST,
A DISTANCE OF 200 FEET; THENCE AT RIGHT ANGLES, SOUIH 55° 27' WEST, A DISTANCE OF
100 FEET; THENCE SOUTH 34° 33' EAST, A DISTANCE OF 200 FEET TO A POJNT ONTHE
SOUTHEASTERLY LINE OF SAID 1RACT l 00; THENCE NORTH 55° 27' EAST, A DISTANCE OF 100
FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEAST 135 FEET
THEREOF.
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