HomeMy WebLinkAboutCDP 2023-0040; Rosenhan, Cameron B. and Rosenhan, Shannon C.; 2025-0092470; 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# 2025-00924 70
111111111111 lllll lllll 111111111111111111111111111111 IIIII IIIII IIII IIII
Apr 10, 2025 12:05 PM
OFFICIAL RECORDS
JORDAN Z MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. : 207-072-21-00 --------------PROJECT ID: CDP 2023-0040
PROJECT NAME: 4080 Sunnyhill Drive
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 549-2A) 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), Cameron B. Rosenhan and Shannon C.
Rosenhan, as Co-trustees of The CSR Living Trust, U/a Dated September 6, 2023, 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 damage to public
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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 _~_r._J_ day of
-A~ll., 20..l::_!
APPROVEDASTOFORM:
CINDIE MCMAHON
City Attorney
OWNER(S)
CAMERON B. ROSENHAN AND SHANNON C. ROSENHAN,
as Co-trustees of The CSR Living Trust, U/a Dated
September 6, 2023
By:
(sign herei
Cameron B. Rosenhan -Co-trustee
(print name and title)
Date: 'f(3(J(
By:
(sign here)
Shannon C. Rosenhan -Co-trustee
Date:
(print name and title)
'f(3(J-s
I I
By: ~ ~-fo{,~
City Attorney
City of Carlsbad
(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 s~cretary or assistant secretary under corporate sea l empowering that officer
to bind the corporation.)
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ACKNOWLEDGMENT
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
County of San Diego
on April 3rd, 2025 before me Amy Lindsey, Notary Public '-------------------(insert name and title of the officer)
personally appeared _C_a_m_e_ro_n_B_. _R_o_s_en_h_a_n_a_n_d_S_h_a_n_n_o_n_C_._R_o_s_e_n_h_a_n _______ _
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 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.
i ., ... ;,.-. AMY LINDSEY ! Ii: ,,_ , • Commission No. 2371264 > ~ --NOTARY PUBLIC -CALIFORNIA ]
• . . SAN DIEGO COUNTY ! CommissiOn Expires August 18, 2025 l
Signature ¼-~ (Seal)
EXHIBIT 'A'
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT 33 OF CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2647, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1950, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 33, BEING LAND DESCRIBED IN
DEED TO FEHCO, LLC, CALIFORNIA LIMITED LIABILITY COMPANY RECORDED AS DOCUMENT
NO. 2021 -0593473 OF OFFICIAL RECORDS;
THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 33 AND FEHCO, LLC LAND, SOUTH
78°23'53" WEST 84 .80 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, LEAVING SAID NORTHERLY LINE OF LOT 33, SOUTH 08°49'00" EAST 89.94 FEET TO A
POINT IN THE SOUTHERLY LINE OF SAID FEHCO, LLC LAND;
THENCE, ALONG THE SOUTHERLY LINE OF SAID FEHCO, LLC LAND, SOUTH 75°33'32" WEST
156.52 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 33, SAID POINT BEING THE
SOUTHWESTERLY CORNER OF SAID FEHCO, LLC LAND, ALSO BEING IN THE EASTERLY LINE
OF SUNNYHILL DRIVE , ALSO ON THE ARC OF A CURVE CONCAVE EASTERLY HAVING A RADIUS
OF 1,970.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 75 °33'32" WEST;
THENCE, LEAVING SOUTHERLY LINE OF SAID FEHCO, LLC LAND, NORTHERLY ALONG THE
WESTERLY LINE OF SAID LOT 33 AND FEHCO, LLC LAND, ALONG THE ARC OF SAID CURVE A
DISTANCE OF 97.63 FEET THROUGH A CENTRAL ANGLE OF 2°50'21" TO THE NORTHWESTERLY
CORNER OF SAID LOT 33;
THENCE, LEAVING WESTERLY LINE OF SAID LOT 33, ALONG THE NORTHERLY LINE OF SAID
LOT 33, NORTH 78 °23'53" EAST 163.12 FEET TO THE TRUE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 15, 2022, AS INSTRUMENT NO. 2022-366010 OF OFFICIAL
RECORDS .
APN 207-072-21-00