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.
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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.)
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\\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
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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