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HomeMy WebLinkAboutSUP 07-03; Hanson Aggregates Pacific Southwest Inc; 2011-0371077; Hold Harmless Agreement/ReleaseDOCtt 2011-0371077 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 JUL21.2011 1:46 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Ji., 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 DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 470-5A) for development to occur on property more particularly described in Exhibit "A", I/We, Hanson Aggregates Pacific Southwest, Inc., a Delaware Corporation, the owners 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 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 1 Q:\CED\LandDev\PROJECTS\SUP\SUP 07\SUP 07-03 South Coast Materials Quarry - Levy\Bonds and AgreemenUHOLD HARMLESS AGREEMENT DRAINAGE (HANSON AGGREGATES) 4-21-11 .docx 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this 23^ day of V^[d^ , 20 I [ . OWNER(S) Hanson Aggregates Pacific Southwest, Inc., a Delaware Corporation (Sign Here) Date: By: (Print Nartie1 and Title) -SST5//S Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney (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.) Q:\CED\LandDev\PROJECTS\SUP\SUP 07\SUP 07-03 South Coast Materials Quarry - Levy\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE (HANSON AGGREGATES) 4-21-11 .docx Exhibit "A" PARCEL B: (APN; 167-040-21} THAT PORTION OF RANCHQ AGHA' HEDIQNDA, IN THE CITY' OF CARLSBAD, COUNTY OP SAM DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWSs BEGINNING AT THE NORTHEASTERLY CORNER OF LOT J OF SAID RANCHO; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT "J" SOOTH 69°36'2S" WEST 2149.10 FEET -RECORD SOUTH SS^S'OQ" WEST 2152.00 FEET - MORE OR LESS TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE LAND. DESCRIBED IN DEED TO ROSA MARRON RECORDED MAY 1, 1903, IN BOOK 324, PAGE 114 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE NORTHERLY ALONG SAID PROLONGATION AMD SAID WESTERLY LIME WORTH 05*23'20" WEST -RECORD NORTH 07«35'OQ" WEST - 1906.40 FEET, TO AN INTERSECTION WITH THE SOUTHERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES RECORDED NOVEMBER 13, 1964, AS FILE NO. 206558 OF OFFICIAL RECORDS; THENCE ALGHG SAID SOUTHERLY BOUNDARY, NORTH 54°35'03" EAST 61.20 FEET -RECORD WORTH 54*12*28" EAST 66.68 FEET -; NORTH 62°19'49" EAST -RECORD NORTH 61°50'14" BAST - 781.78 FEET; NORTH 7Q°22'43" BAST, -RECORD WORTH 70000'08" EAST - 160,25 FEET; NORTH S3037*35S EAST -RECORD NORTH 53°I5'00" EAST - 60.91 FEET,- NORTH 11B22'59" EAST -RECORD NORTH 11*00'24" EAST 91,21 FEET; NORTH 69<>05'01" EAST -RECORD WORTH 68a42'26" EAST - 625.00 FEET; SOUTH 71"OX'22" EAST -RECORD SOUTH 71°23'57>> EAST 97.79 FEET; SOUTH 29*15'52" EAST -RECORD SOOTH 29°38'27» EAST - 45.80 FEET; NORTH 89°44'27" EAST -RECORD NORTH 89°21'52" EAST - 97.3S FEET; NORTH 51°23'56" EAST -RECORD HQRTH 51°01'21" EAST -'180,95 PEET; NORTH 79*55'20" EAST 17,18 -RECORD NORTH 79°32'45'' EAST - 17.12 FEET; NORTH 82045'47" EAST - RECORD NORTH 81°43'12" EAST - 32.23 FEET? NORTH 2S931/5411 BAST -RECORD NORTH 28eQ9'19« EAST - 25.12 PBET; NORTH 63B40'35" EAST - RECORD NORTH 63018'QOn EAST - 67,SI FEET AND NORTH 84"42'G3" EAST 126.8 FEET -RECORD NORTH 84°19'2S" EAST - 135,48 FEET TO THE INTERSECTION WITH THE HEREINBEFORE SAID EASTERLY LINE OF LAND CONVEYED TO SILVESTRE MARRGN, SAID POINT OF INTERSECTI0H BEING ALSO FOR REFERENCE ALONG A RADIAL LINE SOUTH 18°13'S2« EAST 202.64 FEET FROM ENGINEER'S STATION 196 PLUS 96,37 P,Q,C, LINE OF THE DEPARTMENT OF PUBLIC WORKS 1951 SURVEY FOR ROAD XI-SD-196-OCH-A; THENCE SOUTH 018I9'4?" EAST, 2063.50 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION, IF ANY LYING NORTHERLY OF THE SOUTHERLY LINB OF LAND .DESCRIBED IN A FINAL ORDER OF CONDEMNATION, RECORDED APRIL 29, 1954, AS FILE MO. 56833 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED LAND: COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO. 9336, PILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1983 AS FILE NO. 83-157668; THENCE NORTH 70*04*42" BAST 1005-63 FEET TO THE TRUE POINT OF BEGINNING; SAID TRUE POINT OF BEGINNING BEING A POINT ON THE ARC OF A NON-TANGENT 178.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID CURVE BEARS NORTH 52*29*44" WEST; THENCE ALONG THE ARC OF SAID CURVE 101.20 FEET THROUGH A CENTRAL ANGLE OF 32°34'26"; THENCE NORTH 70D04'42" EAST 170.00 FEET TO A 228.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 87.SI FEET THROUGH A CENTRAL ANGLE OF 22°00'S9"; THENCE SOUTH 87854'19* EAST 30.34; THENCE SOUTH 70*04'42n WEST 379.43 FEET TO THE TRUE POINT OF BEGINNING. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CVINX CUNNINGHAM m Gum. i*#u Au 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 ot Notary Pitfjjfc 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: _____ [I Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator Q Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association' 9350 DsSotoAve., P.O. Box 2402 'Chatsworth, CA 91313-a402«www.NattonalNotary.org ltem#5907 Reorder: Call Toil-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 DRAINAGE (HANSON AGGREGATES) 4-21-11 .docx