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HomeMy WebLinkAboutSDP 86-02E; Aviara Residence Club Owners Association; 2018-0040767; 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# 2018-0040767 111111111111 111111111111111 IIII I 111111111111111 111111111111111 IIII I Ill Jan 31, 2018 03:58 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $107.00 (SB2 Atkins $75 00) PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: @ 215-941-04-00, 215-941-05-00 215-941-06-00, 215-941-07-00 215-941-10-00, 215-941-11-00 215-941-12-00 PROJECT ID: SOP 86-02E ------------PROJECT NAME: Aviara Residence Club HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 504-7A) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(We) Aviara Residence Club Owners Association, a California Mutual Benefit Corporation, 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 Cit¥ 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. \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 78 thru 88\SDP 86\SDP\6-02E Four Seasons Residence Club -Bobbett, Riddle and now R,ck\B&A\HOLD L/ [/I HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 It 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 IIFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 78 thru 88\SDP 86\SDP 86-02E Four Seasons Residence Club -Bobbett, Riddle and now R1ck\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 IN WITNESS WHEREOF, ~ day of Ja /)t,t(J ":I APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~rf Assistant City Attorney City of Carlsbad the undersigned has executed this instrument this , 20 }~ OWNER($) Aviara Residence Club Owners Association, a California Mutual B ,.,.+,!~~oration By: JI[' Demi Ortega, RVP General Manager (print name and title) Date: Ja nuo,1 By: (sign here) (print name and title) Date: (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 78 thru 88\SDP 86\SDP 86-02E Four Seasons Residence Club -Bobbett, Riddle and now R1ck\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 •· EXBIBITA LEGAL DESCRlPTION Real Property in the City of Carlsbad, County of San Diego. State ofCaJifomi~ and is described as follows: PARCEL 1: LOTS 44 THROUGH 48, SI AND 56 OF CITY OF CARLSBAD TRACT NO. 95..02, UNlT 3 PLANNING AREAS PORTION OF 2B AND 10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEOO, STA TB OF CALIFORNIA. ACCORDINO TO MAP THEREOF NO. 13979, FILED JN. THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED JUNE 9, 2000 AS FILE NO, 2000~0306276 OF OFFICIAL RECORDS. EXCEPTING THEREFROM. ALL O1~ OIL RIGHTS, MINERALS, MINBRAL RIGHTS, NATURAL GAS, NATURAL OAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAMB KNOWN, OEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE Wl'fHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF. DRILLINO, MINING, EXPLORING AND OPERATING THEREFORE. AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDINO THE RIGHT TO WHlPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THB PROPERTY OIL AND OAS WELLS, TUNNELS AND SHAFTS INTOt THROUGH OR ACROSS THE SUBSURFACE OF THE PROPER.TY. AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLBD WBLLS, 'TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETIJNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK. DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERA TE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THB SUBSURFACE OF THE PROPERTY, AS RESERVED l1'l THE DEED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMJTED PAR.TNBRSHIP1 RECORDED JULY 13, 2001, AS INSTRUMENT NO. 2001-.0484003p OFFICIAL RECORDS. PARCEL2~ A PERPETUAL, NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY ON, OVER, ACROSS AND AWNG THAT PORTION OF LOTS Or CITY OF CARLSBAD TRACT 85- 35, PHASE 1 UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEOO, STA TE OF CALIFORNIA, ACCORDIN,O TO MAP THEREOF NO. 124091 FILED IN THB OFFICE OF THE COUNTY RE-CORDER OF SAN DIEGO COUNTY, JUNE 29, 1989, FILE NO. 89- 345850 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ 1349113262 BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE ALONG THE NORTH LINE OF SAID LOT 51 NORTH 88°01 1 l 611 EAST, 54.66 FEET TO A POINT ON THE EASTERLY LINE OF FINCH LANE AS SHOWN ON SAID MAP NO. 12409, SAJD POINT BEING ON THE ARC OF A 302.00 FOOT RADIUS CURVE, CONCA VB TO THE NORTHWEST. A RADIAL LINE TO SAID POINT BEARS SOUTH 58°46'47" EAST; THENCE SOUTHWESTERLY ALONG SAID EASTERLY LINE AND THE ARC OF -SAID CURVE THROUGH A CENTRAL ANOLE OF 06°39'43" A DISTANCE OF 35.12 FEET; THENCE SOUTH 37°52'57" WEST, 107.86 FEET; TO THE BEGINNING OF A TANGENT 478.00 FOOT RADIUS CURVE., CONCAVE TO THE BAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°201S6" A DISTANCE OF 353.30 FEET; THENCE SOUTH 04°28100" EAST, 78.63 FEET, TO IBE BE.GINNING OF A TANGENT 17~.00 FOOT RADIUS CURVE CONCAVE TO THE EASTi THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°2514611 A DISTANCE OF 54,15 PEET TO TIIE B60INNINO OF A NON· TANGENT 43.00 FOOT RADIUS CURVE, CONCA VE TO THE SOlITHWEST. A RADIAL LINE TO SAID POINT BEARS NORTil 05°1132" EAST.THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 61°4812411 A DISTANCE OF 46,39 FEET; THENCE soun-122°54'03" EAST 61.S3 FEET TO A POINT ON THE NORTHERLY RIGHT OP WAY OF KINGFISHER PLACE AS SHOWN AND DEDICATED ON SAID MAP NO. 12409 SAID POJNT BEING ON THB ARC OF 50.00 FOOT RADIUS CURVE, CONCA VE TO THE SOUTIIEAST, A RADIAL LINE TO SAID POINT BEARS NORTH 11°01~59" WEST; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°2810011 A DISTANCE OF 61.49 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 5 AND A POINT OF CUSP Willi A 20.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 81°29158" EAST; THENCE NORTIIWBSTERLY ALONG THE WESTERLY LINE OF SAID LOT S AND THE ARC OF· SAID CURVE THROUGH A CENTRAL ANGLE OF 64°27'37" A DISTANCE OF 22.50 FEET; THENCE NORTH .55°5613511 WEST, 47.28 FEET TO THE BEOJNNINO OF TANGENT 43.00 FOOT RADIUS CURVE, CONCAVE TO THR NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC PF SAID CURVE THROUGH A CENTRAL ANOLE OF S11)28'3511 A DISTANCE OF 38.63 FEET; THENCE NORTH 04°28100" WEST.-24.67 FEET; THENCE NORTH 05°59'10" WEST, 71,05 FEBT; THBNCE NORTH 04°28'0011 WESTt 78.63 FE.BT TO THE BEOINNING OF A TANGENT 522.00 FOOT. RADIUS CURVE1 CONCA VE. TO THE EAST; THENCE NORTHERLY ALONO THE ARC OF SAID CURVB THROUGH A CENTRAL ANGLE OF 42°20'56" A DISTANCE OF 385.82 FEET; THENCE NORTH 37°52'56" EAST, 107.86 FEET TO THE POINT OF BEOINNINO. PARCEL 3: AN EASEMENT FOR INGRESS, EGRESS. ROAD AND GENERAL UTILITY PURPOSES, OVER UNDER, ALONG AND ACROSS IBA T PORTION OF KINGFISHER PLACE AS SHOWN ON CITY OF CARLSBAD TRACT NO. 85~35 AVIARA PHASE 1 UN1T 1A', 1N THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED 1N THE OFFICE OF TI-IE COUNTY l34!lll3l62 RECORDER OF SAN DIEOO COUNTY, JUNE 29, 1989 AND ntAT-PORTION OF PARCEL 2 OF PARCEL MAP NO. 16451, IN THE. CITY OF CARLSBAD, COUNTY OF SAN DIEOO, STATE OP CALIFORNIA* FILED IN THE OFFICE OF THE COUNTY RECO!IDER OF SAN OJEOO COUNTY, APRIL 15, 1991 AS FILE NO. 91-168677 OF OFFICIAL RECORDS MORE PARTICULARL V DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWEST CORNER OF LOT 4 OF SAID MAP NO. 12409, SAID CORNER BEARS SOUTH 76°16'04" WEST (SOUTH 76°15'4811 WEST RECORD PER. SAID MAP NO. 12409} FROM AN ANGLE POINT IN THE SOUTHERLY LINE THEREOF; THENCE. SOUTH 04a32•t611 WEST, 119.04 FEET TO TIIE BEGINNlNO OF A CURVE CONCA VE NORTHBASTERL Y HA VINO A RADIUS OP 20.00 FEET; nmNCB SOUTHEASTERLY 30.32 FEET ALONG SAID CURVE 11-IROUGH A CENTRAL ANOLE OF 86°S210011 TO A POINT ON THE NORTH RIOHT OF WAY LINE Of BATIQUITOS DRIVE (681 WIDE) AS SHOWN ON SAID MAP NO. 12409; THENCE NON-TANGENT TO SAID CURVB AND ALONO SAID NORTH RIGHT OF WAY L~ NORTH 82°19'44" WEST, 73.99 FE.ET TO THE BEOINNINO OF A CURVE CONCAVE SOUTHERLY HAVlNO A RADIUS OF 634.00.FEBT; THENCE CONTINUING WESTERLY 25.34 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°17'24" TO A POINT OF CUSP BEINO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 05°22'52" WEST; THENCE LEAVING SAID NORTH RIGHT OF WAY LfNE1 NORTHEASTERLY 31.71 FEET ALONO SAID CURVE. THROUGH A CENT~ ANGLE OF 9oaso136"; THENCE NORTH 04°32'16° EAST, 254.75 FEET; THENCE NORTH 04°52'39" WEST, 284.78 FEET; THENCE SOUTH 45°16'01,. EAST, 1.28 FEET; THENCE SOUTH 04°27'44" EAST, 24.66 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HA VINO A RADIUS OF 43.00 FE.ET; THENCE SOUTHEASTERLY 38.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51°28'3511; THENCE SOUTH 55°56'1911 EAST, 35.51 FE6T; THENCE SOUlH 04°49'5 l 11 EAST, 304.50 FEET; THENCE SOUTH 04°32'1611 WEST, 47.80 FEET TO THE POINT OF BEGINNING. . PARCEL4: AN EASEMENT FOR ACCESS, INGRESS AND EORBSS OVER, UNDER, ALONG AND ACROSS ALL OF LOTS 52 AND 54 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 3 PLANNING AREAS PORTlON OF lB AND 1 o. IN THE CITY OF CARLSBAD, COUNTY OF SAN D1EOO, STATE OF CALlFOR.NlA, ACCORDING TO MAP THEREOF NO, 13979, . FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTYt JUNE 9.2000. 215-941-04 (Affects Lot 46} 215-941-05 (Affects Lot 4 7) 21 S-941..06 {Affects Lot 48) 215-941-07 (Affects Lot S l) 21S-941-10 (Affects Lot 56) 215-941-11 (Affects Lot 44) 215-941-12 (Affects Lot45) Jl491lll62 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or otl1er 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 Califj(nia D . County of .:\Cl~ _ \e ~ on .:h\UQC'\I G\ 1 '2.0 I before me. lef>\\. bate re Insert Name and Title of the Offic r personally appeared DeM, · or +~~c-,. 7It= Name(s) of Sigrr(s) who proved to me 011 the basis of satisfactory evidence to be the pernon(s) whose name(s) is/are subscl'ibed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. 1············1 -· LESLIE MICHELLE LAURER : ":· _:::·1"· · . Notary Public -California z ::?. ~: · · : San Diego County ~ 2 ~ · ~ Commission# 2217637 - My Comm. Expires Nov 8, 2021 Place Nota1y 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. WITNESS my hand and official seal. Signatu ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or Desc,;puon of Att:::u:~;~e;;;:h:\: ;::o,m 1~~~ "\'~';~ tTut~ie ,-_ _ I. 0. ~i~~~~rT~f~:~e~~~~t:r}\)~i~n~~~ ·~~o~~:c~~ent Dat::_~=~~-1~~QtJ -) l 2Dl U Capacity(ies) ClaimJJb~ Signer(s) Signer's Name: ______________ Signer's Name: ____________ _ D Corporate Officer -Title(s): _______ D Corporate Officer -Title(s): _________ _ D Partner -D Limited D General D Partner -D Limited D General [7 Individual D Attorney in Fact D Individual n Attorney in Fact D Trustee C Gumdian or Conservator D Trustee D Guardian or Conservator [J Other: LJ Other: Signer Is Representing: Signer Is Representing: _________ _ \C12014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY 11-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PRDJECTS\SDPISDP 78 thru 88\SDP 86\SDP 86-02E Four Seasons Residence Club -Bobbett, Riddle and now R1ck\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13