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HomeMy WebLinkAboutSUP 07-03; Hanson Aggregates Pacific Southwest Inc; 2011-0371076; Hold Harmless Agreement/Releasen RECORDING 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 JUL 21, 2011 1:46 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-040-21-00 PROJECT ID: SUP 07-03 PROJECT NAME: South Coast Materials Quarry RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 470-5A) for development to occur on property more particularly described in Exhibit "A", and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Hanson Aggregates Pacific Southwest, Inc., a Delaware 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 City 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. Q:\CED\LandDev\PROJECTS\SUP\SUP 07NSUP 07-03 South Coast Materials Quarry - Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this _ day of flflfc. , 20 f f . APPROVED AS TO FORM: RONALD R. BALL City Attorney OWNER(S) Hanson Aggregates Pacific Southwest, Inc., a DelawareCorporation By: (\S*~ — » h>> (sign here) 1/vxt (print name and title) Date: By: (sign h /YWvfn. E". 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.) Q:\CED\LandDev\PROJECTS\SUP\SUP 07\SUP 07-03 South Coast Materials Quarry - Levy\Bonds and AgreemenWHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc Exhibit "A" PARCEL B: {AFNi 167-040-21} THAT PORTION OF RANCHQ AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823, PILED IN THE OFFICE OF THE COUNTY RECORDER OF SAM DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWSi BEGINNING AT THE NORTHEASTERLY CORNER OF LOT J OF SAID RANCHO; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT "J" SOUTH 69°36'2S1' WEST 2149.10 FEBT -RECORD SOUTH 69°3S'QQ" WEST 2152,00 FEET - MORE OR LESS TO THE SOUTHERLY PROLONGATION OP THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO ROSA MARRON RECORDED MAY i, 1903, IN BOOK 324, PAGE 114 OF DEEDS, RECORDS OF SAN DIEGO COOTTY; THBHCE NORTHERLY ALONG SAID PROLONGATION AMD SAID WESTERLY LINE NORTH 05823'20" WEST -RECORD NORTH G7°35'00" WEST - 1906.40 FEET, TO AN INTERSECTION WITH THE SOUTHERLY LINE OF LAHD DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES RECORDED NOVEMBER 13, 1964, AS FILE NO. 206558 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY BOUNDARY, NORTH 54°35'03" EAST SI.20 FEET -RECORD NO1TH 54*12'28" EAST 6C.6B FEBT -; NORTH 62S19'49" EAST -RECORD NORTH 61eSO'14" EAST - 781,78 FEET; NORTH 7Q°22'43" .EAST, -RECORD NORTH 70°00'08" EAST - 160,25 FEET; NORTH 53*37*35" EAST -RECORD NORTH 53e15'00n EAST - 60.91 FEET,- NORTH 11°22'59" EAST -RECORD NORTH 11°00'24" EAST 91,21 FEET; NORTH 69°Q5'G1" EAST -RECORD NORTH 68»42'26" EAST - €25,00 FEET; SOUTH 71*01'32" EAST -RECORD SOUTH 71023'57" EAST 97.79 FEET? SOOTH 29815'52" EAST -RECORD SOUTH 29<*38'27" EAST - 45.80 FEET; WORTH a9844'27" EAST -RECORD NORTH 89D21'52" EAST - 97.35 FEET; NORTH S1B23'56" EAST -RECORD NORTH 51*01'21M EAST - 180,95 FEET; NORTH 79°55'20" EAST 17,18 -RECORD MORTH 79°32''45" EAST - 17.12 FEET; NORTH 82e45'47" EAST - RECORD NORTH 81°43'12B EAST - 32,23 FEET; NORTH 28°31'54" EAST -RECORD NORTH 28909'19" EAST - 25.12 FEET; NORTH 63C40'35" BAST - RECORD NORTH 63*18'QO" EAST - 67.fi! AND NORTH 84°42'Q3« EAST 126.8 FEET -RECORD NORTH 84°19'28" EAST - 135.48 FEET TO THE INTERSECTION WITH THE HEREINBEFORE SAID EASTERLY LINE OF LAND CONVEYED TO SILVSSTRE MARRON, SAID POINT OF INTERSECTION BEING ALSO FOR REFERENCE ALONG A RADIAL LINE SOUTH 18°13'S2n EAST 202,64 FEET FROM ENGINEER'S STATION 196 PLUS 96.3? P.Q.C. LINE OF THE DEPARTMENT OF PUBLIC WORKS 1951 SURVEY FOR ROAD XI-SD-196-OCN-A; THENCE SOUTH 01*19'47" EAST, 20€3.50 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION, IF ANY LYING NORTHERLY OF THE SOOTHERLY LINS OF LAND .DESCRIBED IN A FINAL ORDER OF CONDEMNATION, RECORDED APRIL 29, 1954, AS FILE HO. 5S833 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED LAND; COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO- 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1983 AS FILE NO. 53-157668; THENCE NORTH 7Q804'42" EAST 1005.63 FEET TO THE TRUE POINT OF BEGINNING; SAID TRUE POINT OP BEGINNING BEING A POINT ON THE ARC OF h NON-TANGENT 178-00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID CURVE BEARS NORTH S2fl29'44" WEST; THENCE ALONG THE ARC OF SAID CURVE 101,20 FEET THROUGH A CENTRAL ANGLE OF 32°34'26l"r THENCE NORTH 70° 04'42" EAST 170.00 FEET TO A 228.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG THE ARC OP SAID CURVE 87,SI FEET THROUGH A CENTRAL ANGLE OF 22D00'59"; THENCE SOUTH 8?854'19» EAST 30.34; THENCE SOUTH 70°"04'42n WEST 379.43 FEET TO THE TRUE POIOT OF BEGINNING. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT @e@s@s@s@s@s@e@sj State of California County of ^4$^. On CYNOI CUNNINGHAM Commission #1809166 Notary Public - CtUfornli' i My Comm. Bqrfmt Auy 10.20121 who 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 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public// Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ D Individual D Corporate Officer — Title(s): _ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 8402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Q:\CED\LandDev\PROJECTS\SUP\SUP 07\SUP 07-03 South Coast Materials Quarry - Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc