HomeMy WebLinkAboutCT 2017-0003; Woodside 05S LP a California limited partnership; 2023-0049753; Hold Harmless Agreement/Release-· . -
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
DOC# 2023-0049753
1111111111111111111111111111111111111 lllll 111111111111111111111111 1111
Feb 27, 2023 02:10 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAGES: 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: _2=2::.:3:_-0=..:5:..:0-'-7--=3:_-0=-:0:...._ ____ _
PROJECT ID: CT 2017-0003
PROJECT NAME: La Costa Town Square Parcel
3 Residential
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 536-1A) 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) Woodside 05S,
LP., a California limited partnership, 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
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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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IN WITNESS WHEREOF, the undersigned has executed this instrument this X""1
day of ffuyUQ~ , 2~.
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By}D£1~ N KEMP
Senio:::;yAttorney
City of Carlsbad
OWNER(S)
Woodside 05S, LP., a California limited partnership
By: A.R~W.
(sign here)
Chris Chambers -General Partner
(print name and title)
Date:
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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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ..... mnnnmn• • --· .. • •
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 lhe truthfulness, accuracy, or validity of that document.
State of Cal'.~la }
County of !:ll ue.rs I cle
On 'Ru & c:QDd3 betoreme, Uef]15e dO\/e 1\Jokul{ Putl1 ~
Dote /) l'.r. Ilk Here Insert Name and Title of the Officer
personally appeared --~\/'f::....:_.:....:.... 1r .,_\"5...L..--..:~=:::i.--'-'=CLry\)()e,_r;=c.....r..-=:::..,..e-.L..t:'$;.=-----------
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the yerson(s) whose name(s) lsta,0ubscrlbed,
to the within Instrument and acknowledged to rye that he~e/l_pt!'y executed the same In h1~¢lhelr
authorized capaclty(les), and that by hlsih/rtt~r slgnature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
ee••••••••••~ ~ .. , --. :t.'•!S~ ~cv: f~ -~c,r, =·-b,1c -Ca;ifornia
r -;; R:·•.,e,.~lce C: .. ity !
' (Ol"'IT\ISSiOr.:: 2367232
•. , ,• M'/ Co:---. :x~;~es J~I 22, 2025
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.
Signature ~~.Je____
Signature of~
OPTIONAL ----------------,
Completing this Information can deter alteration of the document or
Place Notary Seo/ and/or Stomp Above
fraudulent reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document: _________________________ _
DocumentDate: ____________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ___________ _
a Corporate Officer -Tltle(s): ______ _
a Partner -a Limited □ General
Signer's Name: ___________ _
a Corporate Officer -Tltle(s): ______ _
a Partner -a Limited □ General
a I ndlvldual a Attorney In Fact
a Trustee a Guardian or Conservator
a Individual a Attorney In Fact
a Trustee a Guardl6n or Conservator a Other: _____________ _ a Other: _____________ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _
0 2019 National Notary Association
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Order Number: NHSC-6796891 (jd)
Page Number: 8
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL A:
PARCEL 3 OF CITY OF CARLSBAD MINOR SUBDIVISION 04-08 RECORDED BY THE COUNTY RECORDER
OF THE COUNTY OF SAN DIEGO ON JULY 11, 2012 AS PARCEL MAP NO. 20982.
EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL
GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL
STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN
OR UNDER WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLAN PARALLEL TO
AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL
RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND
REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO
WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL,
WATER, OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF
THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO
RE -DRILL, RE -TUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES,
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE
SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS
RESERVED BY DAON CORPORATION IN DEED RECORDED JUNE 23, 1983 AS INSTRUMENT NO. 1983-
212476 OFFICIAL RECORDS.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN ACCESS UPON, OVER AND ACROSS THAT PORTION OF
LOT 17 OF CARLSBAD TRACT 01-09 LA COSTA TOWN SQUARE -COMMERCIAL, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
15998, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 5, 2014,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 17; THENCE
ALONG THE WEST LINE OF SAID LOT NORTH 34°57'39" WEST, 66.98 FEET, THENCE NORTH 32°50'49"
EAST, 16.68 FEET; THENCE NORTH 06°32'56" WEST, 48.93 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY LINE NORTH 25°34'23" EAST, 35.81 FEET TO THE BEGINNING OF A
25.00 RADIUS CURVE CONCAVE SOUTHEASTERLY, THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 47°36'14" A DISTANCE OF 20.77 FEET; THENCE NORTH
73°10'37" EAST, 8.38 FEET; THENCE NORTH 28°26'47" EAST, 70.22 FEET; THENCE NORTH 61 °55'24"
WEST, 29.70 FEET; THENCE NORTH 28°39'08" EAST, 6.75 FEET; THENCE NORTH 02°11'43" EAST, 56.00
FEET; THENCE NORTH 22°05'36" WEST, 119.23 FEET; NORTH 03°11'49" WEST, 86.40 FEET; THENCE
NORTH 21°19'10" WEST, 16.06 TO THE WESTERLY LINE OF SAID LOT 17 AND THE POINT OF
TERMINUS.
THE SIDELINES OF THE HEREINABOVE DESCRIBED 10.00 FOOT WIDE STRIP OF LAND TO BE
SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHERLY AND SOUTHERLY IN THE WESTERLY
LINE OF LOT 17.
First American Title
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Order Number: NHSC-6796891 (jd)
Page Number: 9
PARCEL C:
AN EASEMENT FOR DRAINAGE PURPOSES OVER, UNDER, UPON AND ACROSS THAT PORTION OF LOT
15 OF CARLSBAD TRACT 01-09 LA COSTA TOWN SQUARE -COMMERCIAL, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 15998, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 5, 2014, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 OF TRACT NO. 04-08 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 20982 FILED IN THE OFFICE OF THE COUNTY OF SAID COUNTY JULY 11, 2012; THENCE ALONG
SAID WESTERLY LINE OF SAID PARCEL SOUTH 22°17'46" EAST, 191.06 FEET, THENCE SOUTH
13°16'26" EAST, 26.16 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF LA COSTA
AVENUE AS DEDICATED PER DOCUMENT NO. 77-281161, SAID POINT BEING THE BEGINNING OF A
NON TANGENT 958.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 13°16'26" WEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 16°24'20", A DISTANCE OF 274.31 FEET; THENCE LEAVING SAID
RIGHT OF WAY NORTH 26°29'00" WEST, 8.33 FEET, THENCE NORTH 12°29'49" WEST, 5.87 FEET;
THENCE NORTH 17°34'49" EAST, 70.57 FEET; THENCE SOUTH 89°45'39" EAST, 10.42 FEET, THENCE
NORTH 71°59'03" EAST, 132.73 FEET; THENCE SOUTH 75°09'31" EAST, 6.03 FEET; THENCE SOUTH
50°08'27" EAST, 35.79 FEET TO THE POINT OF BEGINNING.
APN: 223-050-73-00
First American Title