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HomeMy WebLinkAboutSDP 16-07; Olivenhain Municipal Water District; 2019-0011647; 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# 2019-0011647 111111111111 lllll 111111111111111111111111111111111111111111111 IIII 1111 Jan 11, 2019 10:34 AM OFFICIAL RECORDS Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASS~R'S PARCEL NO.: 255-040-59-00 ~ PROJECT ID: _S_D_P_1_6_-0_7 ______ _ PROJECT NAME: Olivenhain Municipal Water District HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 502-9A) and improvement plan (DWG 502-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Olivenhain Municipal Water District, a public agency, 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 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 1 Q:\CED\LandDev\PROJECTS\SDP\SDP 16\SDP 16-07 Ol1venhain -Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. Ill Ill Ill /II Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q.ICED\LandDev\PROJECTS\SDPISDP 16\SDP 16-07 Olivenhain -Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 2 Ll""' IN WITNESS WHEREOF, the undersigned has executed this instrument this __ =i_...L...-_ day of J)e c eoobev , 20~\~~~--- APPROVED AS TO FORM: CELIA BREWER City Attorney By ~MP¥ Assistant City Attorney City of Carlsbad 0WNER(S) Olivenhain Municipal Water District, a public agency Kimberly Thorner, General Manager (Print Name and Title) Date: / ;i./ cJ_ ~ / 2cJ{g ~ I By: (Sign Here) (Print Name and Title) Date: (Proper notarial acknowledgment of execution by owner(s) 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.) 3 Q·\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-07 Olivenhain -Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.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 5.an "Dit9D ) On ])e.lcm't)«t 7,'1/Ulf before me, 7erc.r~ l. cw.e, ,A)crlft~ P~hvc. Date I1 Here Insert Name and Title of the Officer personally appeared ~ ,· /'V\ b« ( J ~ ,A • 7h (7'( n e ~ J Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose namel,wf' is/61/"e subscribed to the within instrument and acknowledged to me that .Ke/she/~y executed the same in ~/her/their authorized capacity(i~, and that by h¢her/tt¢r signature(~ on the instrument the perso~ or the entity upon behalf of which the person~ acted, executed the instrument. f000000000000 f TERESA L. CHASE : e Notary Public-California : f San Diego County ~ Commission#2191061 - My Comm. Expires May S, 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. :~:::my?k•i-~ Signature of Notary Public ---------------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 Title or Type of Document: tfol:D Uv~ Pst•, ]Yc,,~1w Document Date: I 2., i...., -1 ~ Number of Pages: } -t"~' ~ig_rer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by~}(s) Signer's Name:_____________ Signer's Name: ____________ _ □ Corporate Officer -Title(s): _______ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other:_______________ □ Other: ______________ _ Signer Is Representing: __________ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-07 Olivenhain -Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 "EXHIBIT A" ADJ 16-06 Legal Description Consolidated Parcel -APN 255-040-59 Assessor's parcel number 255-040-59 according to the San Diego County Assessor's Map and consisting of the merger of two parcels, APN 255-031-03 and APN 255-040-56, being those portions of the lands described in grant deeds to the Olivenhain Municipal Water District recorded June 19, 1962 as File/Page No. 104122 and April 30, 1991 as Document No. 1991- 0197545, being portions of Lots 10 and 13, respectively, of the Subdivision of the Rancho Las Encinitas in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 848 filed June 27, 1898 in the Office of the San Diego County Recorder, the boundary of said APN 255-040-59 being described in Document No. 2017-0160897, Certificate of Compliance for Adjustment Plat, recorded April 11, 2017 in the Office of the San Diego County Recorder and as follows: Beginning at the point of intersection of the northerly line of said Lot 13 (which is also the northerly line of the land described in said Document No. 1991-0197545) with the westerly right- of-way line of line of Road Survey No.454A as described in a deed to the County of San Diego recorded December 19, 1930 in Book 1839 Page 356 of Deeds of said County, known as Rancho Santa Fe Road; thence leaving said northerly line of said Lot 13,southerly along said westerly right-of-way South 19°44'35" East (S20°17' 30"E per RS 454A) 280.95 feet (record S20°09'53"E 280.84' per Document No. 00197545); thence leaving said right-of-way line along the line described in said Document No. 1991-00197545 South 89°29'53" West 487.30 feet (record S87°03'30'W 518.71' per said Document); thence South 02°39'27" East 150.37 feet (record S02°56'30"E 150.00'); thence South 87°34'38" West 292.04 feet (record S87°03'30"W 291.59'); thence North 02°30'37" West 149.95 feet (record N02°56'30"W 150.00'); thence South 87°30'20" West 489.91 feet (record S87°03'30'W 490.00'); thence North 02°24'16" West 207.29 feet (record N02°50'30"W 207.25') to the southerly line of Parcel 1 of the Olivenhain Road dedication to the City of Carlsbad by Olivenhain Municipal Water District per document recorded August 21, 2007as Document No. 2007-0556028; thence along said southerly line North 87°29'53" East 79.56 feet to the beginning of a tangent 1256.00 foot radius curve concave northerly; thence along said curve 256.00 feet through a central angle of 1r40'42"to the westerly end of a portion of Olivenhain road vacated by the City of Carlsbad per document recorded January 25, 2014 as Document No. 2014-0020062; thence along the northerly line of said vacated road and continuing along said curve 137.04 feet through a central angle of 06°15'06" thence North 87°29'53" East 42.11 feet to the beginning of a 300.00 foot radius curve, concave northwesterly; thence along said curve 257.15 feet through a central angle of 49°06'45"; thence North 38°23'08" East 59.15 feet to the beginning of a non-tangent 1256.00 foot radius curve concave northwesterly, a radial line to said point bears South 36°03'36" East; thence along said curve 39.39 feet through a central angle of 01 °47'48"; thence North 52°08'36" East 5.01 feet to the beginning of a tangent 1490.00 foot radius curve concave northwesterly; thence 10.62 feet along said curve through a central angle of 00"24'30"; thence North 37°48'20" West 3.71 feet to the beginning of a non-tangent 1486.17 foot radius curve concave northwesterly, a radial line to said point bears South 37°48'20" Page 1 of 2 East; thence 96.38 feet along said curve through a central angle 03°42'56" to the most southwesterly point of Parcel 2 of the Oliven ha in Road dedication to the City of Carlsbad by Olivenhain Municipal Water District recorded August 21, 2007 as Document No. 2007-0556029; thence leaving the line of the Oliven ha in Road vacation along the southerly line of said Parcel 2 which is a continuation of the 1486.17 foot radius curve concave northwesterly, 49.97 feet through a central angle of 01 °55'35" ; thence radial to said curve South 43°26'51" East 3.83 feet to the beginning of a non-tangent 1490.00 foot radius curve concave northwesterly, a radial line to said point bears South 43°26'51" East; thence 92.41 feet along the arc of said curve through a central angle of 03°33'12"; thence South 88°14'35" East 33.87 feet to the beginning of a non-tangent 633.00 foot radius curve concave southwesterly, a radial line to said point bears North 48°38'58" East; thence 238.72 feet along the arc of said curve through a central angle of 21 °36'27" to the most southeasterly point of said Parcel 2 road dedication, being a point on the westerly line of the above-described Road Survey 454A known as Rancho Santa Fe Road; thence along said westerly line South 19°44'35" East 126.53 feet to a point on the south line of Lot 10 which is the south line of that land granted to Olivenhain Municipal Water District and recorded June 19, 1962 as File/Page No. 104122, being also a point on the above described north line of Lot 13 and the point of beginning. Said Parcel contains 459,053 square feet, 10.54 acres, more or less; All as shown on Exhibit "B" attached hereto. This real property description has been prepared by me, or under my direction in conformance with the professional land surveyor's act. ct.~ c__ (1,),. I -'t -Wtf!, Gary C. Ru;i,--Date L.S.6983 Page 2 of 2 ----Map 848 lot lines -------Proposed Property Boundary -see Sheet 2 • _ _ _ _ _ _ _ Right of Way dedr.ated ID the City of Carlsbad E:--------:3 as 'Parcel 2" of Doc# 2007-0556029 nicorded -.. .. -August 21, 2007 O.R. I _. .,. _· _ -.-.-.-... .-.-: _. :.-. 1 P~ of County Road easements vacated by : :-:-:-:-:-: :-:-:: :-:-:-:-:-lhe CityofCmlsbad as Dld2014-0020062 · · · · · · · · · · · · · · · · · nmded January 15, 2014 O.R ~ Right of Way dedicated to the City of Carlsbad ~ as 'Parcel 1• of Doc# 2007-0556028 recorded August 21, 2007 O.R. "EXHIBIT B" APN 255-040-56 A portion of Lot 13 of Map 848 \ granted to the Olivenhain Municipal Water District per deed recorded April 30, 1991 as Doc# 197545 1 I --------------------7 INFRASTRUCTURE ENGINEERING CORPORATION VICINITY MAP NTS SCALE: 1" = 160 14271 DANIELSON STREET POWAY, CALIFORNIA 92064 T858.413.2400 ADJ 16-06 ADJUSTMENT PLAT SHEET 1 of 2 LINE TABLE "EXHIBIT B" NO L3 L5 LS L9 L10 L11 L12 L13 L14 LENGTH 150.37' 149.95' 79.56' 42.11' 59.15' 5.01' 3.71' 3.83' 33.87' ~ <.O -.-(j) N -~ " NO N BEARING CURVE TABLE S2' 39' 27"E NO DELTA LENGTH N2" 30' 37"w C4 1· 47' 48" 39.39' N8, 29' 53"E C5 O" 24' 30" 10.62' N87' 29' 53"E C6 3· 42' 57" 96.38' N38' 23• o8·E C7 1· 55' 35• 49.97' N52" 08' 36"E CB Y 33' 12· 92.41' N37' 48' 20"W S43' 26' 51 "E S88' 14' 35"E N z 489.91' INFRASTRUCTURE ENGINEERING CORPORATION 14271 DANIELSON STREET POWAY, CALIFORNIA 92064 T 858.413.2400 S87" 30' 20"W OWNER: OLIVENHAIN MUNICIPAL WATER DISTRICT ~,I(~ ~ER G MNt4 RADIUS 1256.00' 1490.00' 1486.17' 1486.17' 1490.00' \J'u' ,:..i.. ,,r,. \'&>. \'ll'-' 'o ,~o. 'i:,'. '<') '..t \~ \ cS', \ '~ \-e, L14 ,a C4 'v APN 255-031-03 SCALE: 1" = 140 0 70 1.40 ~ "0' I.fl l@~ i® v. ~- l@~ i~ APN 255-040-56 487.30' S87" 29' 53"W 292.04' S87" 34' 38"W ADJ 16-06 ADJUSTMENT PLAT SHEET 2 of 2