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HomeMy WebLinkAboutCDP 2017-0008; Life Technologies Corporation; 2017-0556711; 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# 2017-0556711 11111111111111111111111111111111 lllll lllll 1111111111111111111111111111 Nov 30, 2017 01 :05 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES: $33.00 PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-050-43-00 /'(& PROJECT ID: _C_D_P_2_0_1_7--0-00_8 ____ _ ~ PROJECT NAME: Thermo Newton Parking HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 506-2A ) 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) Life Technologies corporation, 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. 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 1 I\FILES01V\DepartmentslCED\LandDev\PROJECTSICDPICDP2017\CDP2017-0008 Thermo-Newton Parking -Rick\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 Ill 2 \IFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP2017\CDP2017-0008 Thermo-Newton Parking • Rick\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned ~ day ot _N_o_-J_e.._m~'oer" __ , 2o_fr. has executed this instrument this APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~ Assistant City Attorney City of Carlsbad OWNER(S) Life Technologies corporation, a Delaware corporation ~.~ By: gn here) Merete Miles, Director, Facilities, EHS (print name and title) Date: l}la/L l: By: (sign here) 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 IIFILES01V\Departments\CED\LandDev\PROJECTS\CDPICDP20171CDP2017-0008 Thermo-Newton Parking -Rick\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.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 I\ . C {yO ) County of 5B /0 kJ / ) On / / /0 b/2(}() before me, __..,,.._,_I '-'-'yt'--'---'------'----"---+..J....::.._--=---_,___-~ r batel\t\c::r. j)<:;::"T"CI rn,·7e:::J.srl Name personally appeared ----#-W~e--L-=---.,~ 1L-'-----'--==--'----'----=l-,,<...----~---~------------- Nam~f Sign~ who proved to me on the basis of satisfactory evidence to be th~e ~on whose na~@~ slJ)i>~·bed J,er the within instrume~nd acknowle d to..)ll'le that Joo!el ey executed the same iy ilfs/4 e pefi"r authorized capacity¥s), and that b s tp€ir signatur on the instrument the perso~, or t e entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corre . WITNESS Place Notary Seal Above ---------------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. Descripti Title or Type of _____________ Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s Signer's Name: ---------------'""""---Signer's Name: ____________ _ ::: Corporate Officer -Title(s): ______ _ orporate Officer -Title(s): ______ _ :::: Partner -= Limited :::::: General '= Pa ,=::: Limited :::= General :::::: Individual ::_ Attorney in Fact :::: Attorney in Fact -::::_ Trustee =·•· Guardian or Conservator ~= Trustee ardian or Conservator _:~Other: ______________ _ =::: Other: ______ __;,.,,__ _____ _ Signer Is Representing: _________ _ Signer Is Representing: ----"""'-:c------ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXIDBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CAL'IFORN1A, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF LOT "F" OF RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, 'ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 OF LOT "F" AS SHOWN ON SAID MAP NO. 823; THENCE SOUTH 54 DEGREES 10'08" EAST ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 807.00 FEET TO THE MOST EASTERLY CORNER OF THE LANDS CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE CONTINUING SOUTH 54 DEGREES 10' 08" EAST ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 540.00 FEET; THENCE SOUTII 35 DEGREES 49' 52" WEST AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 1166.23 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 35 DEGREES 49' 52" WEST A DISTANCE OF 1091.51 FEET TO THE BOUNDARY OF THE LAND DESCRIBED UNDER PARCEL 1 IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 AS FILE NO. 52516 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 52 DEGREES 32' 2_1" WEST ALONG SAID BOUNDARY A DISTANCE OF 478.72 FEET; THENCE LEAVING SAID BOUNDARY AT RIGHT ANGLES NORTH 37 DEGREES 27' 39" EAST A DISTANCE OF 740.00 FEET; THENCE AT RIGHT ANGLES NORTH 52 DEGREES 32'2 l" WEST A DISTANCE OF 294.32 FEET; THENCE AT RIGHT ANGLES SOUTH 37 DEGREES 27' 39" WEST A DISTANCE OF 321.90 FEET; THENCE AT RIGHT ANGLES NORTH 52 DEGREES 32' 21" WEST A DISTANCE OF 597.36 FEET TO AN INTERSECTION WITH SAID BOUNDARY OF SAID PARCEL 1 DESCRIBED IN INSTRUMENT NO. 52516 OF OFFICIAL RECORDS, WHICH IS A POINT ON A NON-TANGENT CIRCULAR CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 600.00 FEET, A RADIAL LINE BEARS NORTH 67 DEGREES 36' 49" WEST TO SAID POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID BOUNDARY A DISTANCE OF 209.70 FEET THROUGH A CENTRAL ANGLE OF 20 DEGREES 01' 31"; THENCE NORTH 42 DEGREES 24' 42" EAST A DISTANCE OF 429.16 FEET; TIIBNCE SOUTH 54 DEGREES 10' 08" EAST 1321.26 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 83-25, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 9, 1985, PARCEL !A: AN EASEMENT AND RIGHT OF WAY, TOGETHER WITH THE RIGHT TO CONVEY SAME TO OTHERS FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER, ALONG AND ACROSS A STRIP OF LAND 40.00 FEET IN WIDTH LYING WITHIN LOT "F;' OF RANCHO AGUA HEDiONDA, IN THE COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP; THENCE 25 DEGREES 01'05" EAST (RECORD SOUTH 24 DEGREES 45' 00" EAST) A DISTANCE OF 229.00 FEET TO A POINT, WHICH POINT IS DESIGNATED ON SAID Iv1AP AS POINT 23 OF LOT "F", THIS POINT BEING THE TRUE POINT OR.~EGJNNING, AND WHICH POINT IS THE MOST NORTIIERL Y CORNER OF LANDS CONVEYED BY CHARL~S KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THE SAID CARPENTER LAND BEING EXHIBIT A (Continued) NOW KNOWN AS ROBERT E. HICK'S PROPERTY; THENCE ALONG THE WESTERLY AND NORTHWESTERLY BOUNDARY OF SAID CARPENTER (HICKS) LAND AS FOLLOWS: SOUTH 11 DEGREES 51' 12" WEST, 315.60 FEET TO AN ANGLE POINT; AND SOUTH 42 DEGREES 55' 37" WEST, 374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTH 54 DEGREES 1 O' 08" EAST A DISTANCE OF 2.14 FEET ALONG THE SOUTHERN BOUNDARY OF THE HICK'S PROPERTY TO THE CENTER LINE OF THE WATER LINE EASEMENT PREVIOUSLY GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT AND KNOWN AS LINE "D" OF THE C.M.W.D.; THENCE SOUTH 42 DEGREES 38' 52" WEST (ON AND ALONG THE NORTHEASTERLY BOUNDARY OF THE ALLEN PARCEL NO. 1) DESCRIBED IN "EXHIBIT A" OF SAID DOCUMENT NO. 236220 OF OFFICIAL RECORDS (AND ON AND ALONG THE CENTER LINE OF SAID LINE "D" OF THE C.M.W.D.) A DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCA VE SOUTHEASTERLY, AND HA YING A RADTTJS OF 600.00 FEET; THENCE SOUTHWESTERLY ALONG THE CURVE OF SAID ARC, 269.80 FEET TO A POINT; THENCE SOUTH 16 DEGREES 38' 52" WEST 386.15 FRET TO THE SOUTHWESTERLY CORNER OF SAID DYE PROPERTY DESCRIBED IN AFOREMENTIONED DOCUMENT NO. 236219 OF OFFICIAL RECORDS; THENCE SOUTH 52 DEGREES 32' 21" EAST (ON AND ALONG THE SOUTHWESTERLY BOUNDARY OF THE SAID DYE PROPERTY AND CONTINUING ON THE SAME SEARING ALONG THE SOUTHWESTERLY BOUNDARY OF THE ALLEN PORTION 2 DESCRIBED IN EXHIBIT "A" OF AFOREMENTIONED DOCUMENT NO. 236200) A TOTAL DISTANCE OF THIS BEARING OF 1214.69 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID ALLEN PORTION 2, WHICH IS THE MOST SOUTHERLY TERMINUS OF THIS EASEMENT. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL 1. EXCEPTING THAT PORTION LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF ROAD SURVEY NO. 1800-1 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER 29, 1969 AS FILE NO. 198734 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL 18: AN EASEMENT FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS OVER A PORTION Of LOT 93, MAP NO. 12815, AS MORE SPECIFICALLY SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED "TEMPORARY GRADING CONSTRUCTION AND ACCESS EASEMENT" RECORDED JUNE 10, 1998 AS FILE NO. 1998-0352324 OF OFFICIAL RECORDS. PARCEL 2: ALL THAT PORTION OF LOT "F" OF RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 OF SAID LOT "F" AS SHOWN ON SAID MAP NO. 823; THENCE SOUTH 54 DEGREES 10' 08" EAST (RECORD SOUTH 53 DEGREES 52' CO" EAST) ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 807.00 FEET TO THE MOST EASTERLY CORNER OF THE LAND CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY AND THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 54 DEGREES 10' 08" EAST ALONG Tjl-IE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 540.00 FEET; THENCE SOUTH 35 DEGREES 49' 52" WEST AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 1166.23; THENCE NORTH 54 DEGREES 10' 08" WEST, A DISTANCE OF 1321.26 FEET TO THE BOUNDARY OF THE LAND DESCRIBED UNDER PARCEL 1 IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 AS FILE NO. 52516 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 42 DEGREES 24' 42" EAST ALONG SAID BOUNDARY A DISTANCE OF 509.59 FEET TO THE SOUTHWESTERLY LINE OF SAID CARPENTER LANDS; THENCE SOUTH 54 DEGREES 1 O' 08" EAST ALONG THE SOUTHWESTERLY LINE OF SAID CARPENTER LAND, A DISTANCE OF EXHIBIT A (Continued) 722.86 FEET, MORE OR LESS TO THE SOUTHEASTERLY LINE OF SAID CARPENTER LAND; THENCE NORTH 35 DEGREES 49' 52" EAST ALONG THE SOUTHEASTERLY LINE OF SAID CARPENTER LAND; A DISTANCE OF 660.00 FEET TO•THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 83-25, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY nJLY 9, 1985. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE ENVIRONMENTAL TRUST BY GRANT DEED RECORDED mNE IO, 1998 AS FILE NO. 1998-0352323 OF OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS SOUTH 89 DEGREES 50' 06" EAST 1094.39 FEET ON THE SOUTHERLY LINE OF CARLSBAD TRACT NO. 83-25 ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE CONTINUING ALONG A PORTION OF SAID SOUTHERLY LINE NORTH 71 DEGREES 02' 42" EAST 128.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 71 DEGREES 02' 42" EAST 452.78 FEET TO A POINT ON THE NORTHWESTERLY LINE OF RECORD OF SURVEY MAP NO. 8467, FILED IN SAID COUNTY AND STATE; THENCE-ALONG SAID LINE SOUTH 35 DEGREES 50' 50" WEST 370.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 54 DEGREES 09' 10" WEST 260.98 FEET TO THE TRUE POINT OF BEGINNING. APN: 212-050-43