HomeMy WebLinkAboutCT 14-05; TMS Highland Investments LLC; 2017-0032332; 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# 2017-0032332
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J 20 2017 02:08PM
an OFFICIAL RECORDS
Ernest J · Dron~b~r~c~RDER
SAN DIEGO COUN$27 00 FEES ·
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 204-280-05-00
® 204-280-26-00
PROJECTID: ~D~E_V_1~4~05~2~/_C~T~1_4_-0_5 ____ __
PROJECTNAME: __ M~a~gn_o~li_a_T_o_w_n_ho_m_e_s ______ _
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 490-4A) 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) TMS Highland
Investments, 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.
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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GEOLOGICAL FAILURE doc 01/25/13
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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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GEOLOGICAL FAILURE doc 01/25/13
iiN WITNESS . WHEREOF,
3 ra day of :5?v!uetr r
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By~p~
Assistant City Attorney
City of Carlsbad
the undersigned
'20fl.
OWNER(S)
has executed this instrument this
TMS Highland Investments, LLC, a California limited
::bi~ /¥4 ~ ~
Tony Sfreddo, Member
(print name. an';.Jitle)
!6t1_7 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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GEOLOGICAL FAILURE.doc 01/25/13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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.
~::;;o~a~ Pjitff. : .
on --Jantla~ ~11Jieforeme.1?-fttOY1JU :fo Pt:~ ,Vtiu11J Pub/lc_
Oa Here Insert Name and Title of the Officer
personally appeared /tztJV 0f~t!J[;t>
Name(s) of Signer(s)
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. r ......... _ .. _ ................................... -......... ·.··································1 8 ROXANNEJONES ~ NOTA~~~~i.~21~~~RNIA ~
.,_ SAN DIEGO COUNTY N t ComnissionExpiresApril20. 2019 f •. , ........... -•. /' ... .,.-J'.-•. ., .......... ., .. -.-.-.•:.-.-..... -....... -.---.-..... -.... -.-........... -.-.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
--------------OPTIONAL--------------
Though this section is optional, 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:~~~~~~~~--~~-Document Date: _______________ _
Number of Pages: ______ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Corporate Officer -Title(s): ~~~~~~~
D Partner -D Limited D General
D Individual
D Trustee
D Attorney in Fact
D Guardian or Conservator
D Other: _______ _
Signer Is Representing: ~~~~~~~~~-
Signer's Name:
n Corporate Officer -Title(s): -~~~~~~
D Partner -D Limited D General
[]Individual
D Trustee
[J Other:
D Attorney in Fact
D Guardian or Conservator
Signer Is Representing:
@2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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GEOLOGICAL FAILURE doc 01/25/13
Order No. 140-1701777-32
Je estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee.
Title to said estate or interest at the date hereof is vested in:
TMS Highland Investment LLC
The land referred to in this report is situated in the County of San Diego, State of California, and is described as follows:
Parcel I:
That portion of Tract No. 231, Thurn Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, described as follows:
Beginning at the Northeast corner of said Tract 231, said point being also the intersection of the Southerly line of Magnolia A venue
with the Westerly line of Jefferson Street thence North 89° 26' West along the Southerly line of Magnolia Avenue, a distance of
157.59 feet to the true point of beginning thence South 28° 39' East 275.93 feet thence South 61° 21' West 65.00 feet thence North 28°
39' West 312.38 feet to the Southerly line of Magnolia Avenue thence South 89° 26' East along Magnolia Avenue 74.47 feet to the
true point of beginning.
Parcel 2:
That portion of Tract No. 231 of Thurn Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, described as follows:
Commencing at the Northeasterly comer of said Tract 231 being also the intersection of the Southerly line of Magnolia A venue with
the Southwesterly line of Jefferson Street; thence along the Northeasterly line of said Tract 231 and the Southwesterly line of
Jefferson Street, South 28° 39' 00" East, 99.01 feet to the Northeasterly corner ofland described in deed toW. Leroy Pace, et ux,
recorded April3, 1953 in book 4807 page 141, as Instrument No. 45832 of Official Records; thence along the Northwesterly line of
said Pace's land, South 61° 21' 00" West, 70.00 feet to the true point ofbeginning; thence continuing along said Northwesterly line,
South 61 o 21' 00" West, 67.54 feet to an intersection with the Southwesterly line of! and described in deed to Frank Pelican, recorded
November 3, 1928 in book 1544, page 290 ofOfficial Records; thence along said Southwesterly line North 28° 39' 00" West 175.93
feet to an intersection with the Southerly boundary of said Magnolia Avenue; thence along said Southerly boundary South 89° 26' 00"
East 77.39 feet, more or less, to an intersection with a line which bears North 28° 39' 00" West, from the true point of beginning;
thence South 28° 39' 00" East, 138.16 feet to the true point of beginning.
Assessor's Parcel Numbers(s):
I: 204-280-05
2: 204-280-26
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