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Home My WebLink AboutCT 01-16; Casa Laguna Group Investors LLC; 2003-0093534; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2003-0093534 JFIN 273 2003 4-51 PM SAN DIEGO WTY REBXDER’S OFFICE DFFICIAL REm GREGmY J. SnITH, GWNTY REMRDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR’S PARCEL NO. 155-223-08-00, 155-223-09-00 PROJECT NO. 8. NAME: CT 01-16 Casa Laguna HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (Dwg. No. 404-4A) and mprovement plans (Dwg. No. 404-4) for development to occur on property described as 2ttached Exhibit “A more particularly described as (APN No. 155-223-08-00, 155-223-09-00), 2nd other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Sasa Laguna Group Investors LLC, a California Limited Liability Company, the owner(s) of said xoperty promise to indemnify and to hold the City of Carlsbad, its officers, agents and ?mployees harmless from liability for injuries to any persons, or damage to or taking of any xoperty including public property, directly or indirectly caused by the geological failure of any iature. type or cause or any subsequent damage that may occur on or adjacent to this jubdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans x permits by the City shall not constitute an assumption by the City of any responsibility for any lamage or taking referenced in this agreement. City shall not be responsible in any manner Nhatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or mprovements made or done pursuant to the approved plans, nor shall any officer or employee .hereof be liable or responsible for any accident, loss or damage happening or occurring during he construction work or improvements as specified in this agreement. The entire risk of any oss resulting from or caused by any geological failure is assumed by and shall be borne by the Iwner. It is agreed that the above owners will maintain all slopes and landscaping in a manner o insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any 1 1:iDeveiopmenl SeNciesIMa51ers4ondS 8 Agreemenlsmold Harmless A81 Geological Failure Rev. 12/08/38 . 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. IN WITNESS HEREOF, the undersigned has executed this instrument this d2ddayof ,2002 PROPERTY OWNERS Casa Laguna Group Investors LLC, a California Limited Liability Company By: Merit Group, Inc., its Managing Member H. David Buckmaster, President, Merit Group, Inc. (print name and title) Date: 3UC2 By: (print name and title) set,, i6 ,y Date: &L&. 23'' ao~z APPROVED AS TO FORM: RONALD R. BALL City Attorney r notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) Rev. 12108198 , State of California ) County of San Diego 1 1 On before me, Date) (Nad Title of Officer) personally appeared (Name[s] of Signer[s]) , 0 personally known to me -OR - 0 (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature@) on the instrument the person@), or entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal A (This area for official notary seal) ~~~ Title or Type of Document Date of Document No. of Pages Signer(s) other than named above Order No. 02-1 030272 - A EXHIBIT "ONE" Parcel 1: That portion of Lot 1 in Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to Official Plat thereof, described as follows: Commencing at the intersection of the East line of as Lot 1 with the North line of Laguna Drive, as shown on Map No. 1722 of Seaside Lands, filed in the Office of the County North line of Laguna Drive, 495.0 feet to a point on the West line of land conveyed to Recorder of San Diego County, July 28, 1921 ; thence North 89O50'. West, along said Alexander Beller by Deed dated March 30, 191 6 and recorded in Book 708, Page 70 of along said North line of Laguna Drive, 169.0 feet to the Southeast corner of land conveyed Deeds, said point being the True Point of Beginning: thence continuing North 89O50 West fo Willis Jamessarpenter by Deed dated January 7, 1952, and recorded in Book 4345, to a point on the Southerly boundary of Buena Vista Gardens as shown on the Map thereof Page 547 of Official Records; North 0°05' East along the East line of said land, 256.0 feet No. 2492, filed in the Office of the County Recorder of San Diego County, August 4, aforementioned West line of land conveyed to Beller; thence South 0°05' West along said 1948; thence South 89O50 East along said Southerly boundary 169.0 feet to the West line 256.0feet to the True Point of Beginning. Excepting therefrom the West 25 feet thereof. Assessors Parcel No. 155-223-08 Parcel 2: That portion of Lot 1 of Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Commencing at the intersection of the Northerly line of Laguna Drive, with the Westerly line of Front Street as shown on Seaside Lands, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, June 28, 1921 ; thence along the Northerly line of said Laguna Drive, North 89°50'00" West, 495.00 feet to the Southeasterly center line of land described in Deed to Allen W. Lange, et ux, recorded May continuing along said Northerly line, North 89°50'00" West, 144.00feet to the Southeast 16, 1952 as File No. 6031 3, in Book 4469, Page 356 of Official Records; thence corner of the Westerly 25.00 feet of said Lange's Land and being the True Point of Beginning; thence continuing along said Northerly line, North 89°50'00" West 65.00 feet to the Southwesterly corner of land described in Deed to Allen W. Lange, et ux, recorded September 17, 1953 as File No. 126693 in Book 4987, Page 31 6, Office of the County above referred to, North 00°05'00" East 256.00 feet to the Southerly boundary of Buena Recorder of San Diego County; thence along the Westerly line of said Lange's Land last Vista Gardens, according to Map thereof No. 2492, filed in the Office of the County South 89°50'00" East 65.00 feet to the Northeast corner of the Westerly 25.00 feet of Recorder of San Diego County, August 4, 1948; thence along said Southerly boundary said Lange's Land first hereinabove referred to; thence along the Easterly line of said Westerly 25.00 feet, South 00°05'00" West, 256.00 feet to the True Point of Beginning. Assessors Parcel No. 155-223-09 2