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Home My WebLink AboutCT 16-04; Carlsbad Coastal Views LLC; 2017-0580780; 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# 2017-0580780 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Dec 13, 2017 02:11 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE A®ESSOR'S PARCEL NO.: 205-220-94-00 . 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 504-3A) 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, I/(We) Carlsbad Coastal Views, LLC, 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 improvements caused by any geological failure referred to in this agreement \IFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 I\FILES01V\Departments\CED\LandDevlPROJECTSICT\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 l~c/WITNEfl) ~F, the undersigned ;2 3--r:tay of ~ , 2ofl. has executed this instrument this APPROVED AS TO FORM: CELIA BREWER City Attorney By~ RONKEMP Assistant City Attorney City of Carlsbad OWNER(S) Carlsbad Coastal Views, LLC, a California limited liabilitycompany, M~ By:~_ ~ (sign here) Brian Sullivan, Manager (print name and title) Date: 10 It?! 3, / 11: 1 I 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.) 3 \\FILES01V\Departments\CED\LandDev\PROJECTS\CTICT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 ALL-PURPOSE CERTIFICATE OF 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 10/23/2017 before me, Brittany Aceves, Notary Public (Here insert name and title of the officer) personally appeared Brian Sullivan --------------------------------who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-)(@are subscribed to the within instrument and acknowledged to me that (n§lshe/they executed the same in@ler/their authorized capacity(ies), and that by ~er/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. sea~ f.......... BRITTANYACEVES ... f ll. / Ii: .· ' Commission No. 2218230 > / ~ . NOTARY PUBLIC -CALIFORNIA ~ ~ ~ . SAN DIEGO COUNTY - l~ Commission Expires October 14, 2021 ~ :Kit~~ti,~~7...::,,,,"-------(Notary Public Seal) • ~ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ 201 CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other _________ _ Ve:rsivn 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form compiles with current California statutes regarding nolm)' irording and, if needed. should be completed and attached to the document. Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the ivording does not require the Califnrnia nnta,y to vinlate Califnrnia notary fall' • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms ( i e t,e/she/they, is /are) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT AND CERTIFICATE OF COMPLIANCE NO. PLA PD 16-04/ADJ 16-01/CE 16-02, AS EVIDENCED BY DOCUMENT RECORDED MAY 16, 2016 AS INSTRUMENT NO. 2016-0234272 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELS 2 AND 3 OF PARCEL MAP NO. 20948, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 30, 2012. EXCEPTING THEREFROM: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 3, N61 °52'27"E 124.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE, S28°07'33"E 102.33 FEET, THENCE S61 °52'27"W 30.48 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 138.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°48'50" A DISTANCE OF 9.19 FEET; THENCE S65°41'17"W 50.14 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 162.00 FEET; THENCE SOUTHWESTERL y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°48'50" A DISTANCE OF 10. 78 FEET; THENCE 561 °52'27"W 23.54 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID SOUTHWESTERLY LINE, N28°07'33"W 98. 33 FEET TO THE POINT OF BEGINNING. APN: 205-220-94-00