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HomeMy WebLinkAboutCT 16-04; MFG Highland Partners LLC; 2026-0028966; Hold Harmless Agreement/Release2/2/26, 4:45 PM RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad VIiiage Dr. Carlsbad, CA. 92008 Batch 20572327 Confirmation DOC# 2026-0028966 111111111111 lllll 11111111111111111111 lllll lllll lllll 111111111111111111 Feb 02, 2026 03:31 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES:6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. : 205-450-05-00 -------------PROJECT ID: CT 16-04 -------------PROJECT NAME: Highland View Homes HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 504-3C) 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), MFG Highland Partners, LLC, a California limited liability company, 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. https://gs.secure-erds.com/Batch/Confirmation/20572327 17/20 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. 2 WITNESS WHEREOF, the undersigned has executed this instrument this _J~i __ day of .JJ..e;J.,) , 2o ib. APPROVED AS TO FORM : CINDIE K. MCMAHON City Attorney C. Dalton Sorich Assistant City Attorney City of Carlsbad Date: /fa.7'/l~}p I OWNER(S) liability company By: Stephen C. Pringle -Managing Member Date: (print name and title) it la.trtL J'W'w I I TRUE COPY CERTIFICATION (Government Code 27361.7) Yuvupai, Arizona Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. Notary Public Name: Harold T. Durbin County of principal place of business: Yuvupai Commission Expires on: 03/12/2026 Commission No.: 623582 _0=-=2 _ __,/ 0 2 I 2026 Date Signature of Declarant Amber Dan Type or Print Name RECl00 True Copy Certification Ext I Page 1 of 11 Rev: 06/30/2025 INDIVIDUAL ACKNOWLEDGMENT State/Commonwealth of County of -----'-~-'~=~-~~P _,u..'--'·,__ .. ________ _ ' 11-lt\... ~ ,1 h. On this the ____ day of ..J c.,..t'tU4('.\l tX'Ool.(o . before me. Day M~h Year ~(:l('b\A. r D\..\.<b~ t"\ . the undersigned Notary Public. Name of Notary Public personally appeared _~ __ p_h_e.~"'--C~_· _Yi_r_,_<'\_,11~\f._,._ ________________ _ a Name(s) of Signer(s) Place Notary Seal/Stamp Above □ personally known to me -OR - ~ 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 for the purposes therein stated. Signa ure of Notary Public I{ a.ro)J T T)u.,.bit1 ny Other Required Information (Printed Name of Notary. Expiration Date, etc.) ~--------------OPTIONAL--------------~ This section is required for notarizations performed in Arizona but is optional in other states. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ~H~o~l ..... t\_, ~H~a;~<~m~\m~~A~e;:........-ef-M~~t-r1t~_' ~~--Q-o~l-~__...., a ..... c..'l,i_\~~~Ql...~·,~\~Y. r; Document Date: I ) 14 J;t!2>ol(p Number of Pages:5(i ttduc~J 'tj:K.~s Signer(s) Other Than Named Above: :::.====-_JJ0~JJ, AtL--==========""""'---- ~~~~§9il@£~~[l®il@l]O§:fflmi~l®!li:ool~!B~O§i~~l®fl~®m~l®!ll{l®®lll>l~ ©2023 National Notary Association M 1304-07 (09/23) Used for states (AL. AZ. CO. CT. DE. GA. IA. ID. IL, IN, KS. KY. LA, MD. ME, Ml, MN, MS, MT, NC. ND. NE, NH. NJ. NM, OK. OR. RI, SC. SD, TN. VA, VT, WV, WI. WY) EXHIBIT A LEGAL DESCRIPTION The land referred to herein below is situated in the County of SAN DIEGO, State of CALIFORNIA, and is described as follows: PARCEL 1: LOT 5 OF CARLSBAD TRACT 16-04, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16273, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, MAY 24, 2018. PARCEL 2: AN EASEMENT OF INGRESS AND EGRESS FROM LOT 9 AND LOT 10 OF CARLSBAD TRACT 16-04, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16273, FILED IN THE OFFICE OF THE COUNTY RECORDER, MAY 24, 2018. Assessor's Parcel Number: 205-450-05-00