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Home My WebLink AboutCT 90-03; Continental Residential Inc; 2000-0674615; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC z 2000-0~74615 DEC 12s 2000 II:41 AM \ 3678 m1c1#. RECORDS SW DIEGO CWNTY RECSRDER’S OFFICE GRESORY gwH9 CyTYYRErn : . SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 264-01 o-42-00 PROJECT NO. 8, NAME: CT 90-03 SHELLEY PROPERTY, UNIT 2 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (Dwg. No. 380-ID) and improvement plans (Dwg. No. 380-IC) for development to occur on property described as (see Exhibit “A”) more particularly described as (APN No. 264-010-42-00), and other good and valuable consideration, receipt of which is hereby acknowledged, We, Continental Residential, Inc., 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. MastersJFormsRlold Harmless Agt Geological Failure Rev. 12/08/98 3679 t t I I It is agreed that the above owners will maintain all slopes and landscaping in a manner 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 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 damage to public improvements caused by any geological failure referred to in this agreement Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill l/i l/i Ill Ill I// I// Ill Ill Ill Ill III III Ill Ill III III Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill ill ill MasterslFormsMold Harmless Agt Geological Failure MasterslFormsMold Harmless Agt Geological Failure Rev. 12/08/98 \. 36810 - 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 WHEREOF, the undersigned has executed this instrument this &yh day of o&L ,205 PROPERTY OWNERS rnia corporation (sign here) bkviD Al. bTtH% (print name and title) Date: (print name and tifle) Date: bL?( s34 APPROVED AS TO FORM: (Proper 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.) Masters/Forms/Hold Harmless Agt Geological Failure Rev. 12/06/98 . l : . k 3681- State of California I County of San Diego On l% zz %@o before me, $p&G%D r/luf-r kiiktf%,N~?~~ 22 (Date) 1 (Name, Title of Officer) personally appeared Dr$UI’d fi + Lc> b * &+L&. (Name[s] of Signer[s]) La f,rq &wt-e 5 J L 0 personally known to me 4f+++ (nm\lprl) to be the person(s) whose name(s) j.s&re subscribed to the within instrument and acknowledged to me that &&she/they executed the same in hi&t&their authorized capacit#(ies), and that by hi&&their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages I Masters/FormslHold Harmless Agt Geological Failure Rev. 12lOWS8 . ‘. -. I . i 368&-- Exhibit “A” Legal Description: BEING A PORTIOtj OF LOTS 13 AND 14 OF THE SUBDIVISION OF RANCH0 LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIBGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON TRB WESTERLY LINE OF THB EAST HALF OF SAID LOT 14, SAID POINT BEING THE EASTERLY TERMINUS OF THAT CERTAIN CENTERLINB DESCRIPTION RECORDED IN SAID COUNTY RECORDER'S OFFICE ON MARCH 12, 1996 AS DOCUMENT NO. 1996-0119577 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE 1. NORTH 97°11'16" WEST 60.17 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE 2. WESTERLY 168.67 FEET THROUGH A CENTRAL ANGLE OF 9O39'51"; THENCE 3. NORTH 77O31'25" WEST 171.45 FEET TO THE BEGINNING OF A TANGENT 650.00 FOOT RADIUS CURVB CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE 4. WESTERLY, AND SOUTRWBSTERLY 758.44 FEET THROUGH A CENTRAL ANGLE OF 66O51'16" TO TRB NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE ON THE CENTERLINE OF THE STREET EASEMENT RECORDED IN SAID COUNTY RECORDER'S OFFICE AS DOCUMENT NO. 1993-0108952 OF OFFICIAL RECORDS, DESCRIBED THEREON AS LINE BEARING NORTH 3S037'30"RAST 445.51 FEET; THENCE ALONG SAID CENTERLINE 5. SOUTH 3S037'19" WEST 324.29 FEET; THENCE LEAVING SAID LINE 6. NORTH 54O22'41" WEST 30.00 FEET; THENCE 7. NORTH 22O31'30" WEST 207.25 FEET TO THE BEGINNING OF A NON-TANGENT 70.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 22O31'30" EAST; THENCE ALONG THE ARC OF SAID CURVE 8. WESTERLY, NORTHWESTERLY AND NORTHERLY.121.74 FEET THROUGH A CENTRAL ANGLE OF 99O38'35" TO THE BEGINNING OF A 50.00 FOOT RADIUS REVERSE CURVB CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 77*07'05" EAST; THENCE ALONG THE ARC OF SAID CURVE 9. NORTHERLY AND NORTHWESTERLY 20.56 FEET THROUGH A CENTRAL ANGLE OF 23O33'23"; THENCE 10. NORTB 36O26'18" WEST 82.04 FEET; THENCE 11. NORTH 53*33'42" EAST 60.00 FEET; THENCE 12.NORTB 53'=29'29" EAST 70.53 FEET; THENCE 13. NORTH 37OO6'07" EAST 45.90 FEET; THENCE 14. NORTB 35O37'42" EAST 153.50 FEET; TRBNCB lS..NORTB 4'i'014'09" BAST 192.83 FEET; THENCE 16. NORTH 58"34'06" EAST 194.05 FEET; THENCE 17. NORTH 70°19'11y EAST 212.23 FEET; THENCE 18. NORTH 83"47'53" EAST 219.13 FEET; THENCE 19. SOUTH 83O38'12" EAST 291.89 FEET; THENCE 20. NORTH 80*14'37" BAST 105.45 FEET; THENCE 21. SOUTH 61“56'03" BA,QT 162.89 FEET TO SAID WESTERLY LINE OF THE EAST HALF OF SAID LOT 14; THENCE ALONG SAID LINE 22. SOUTH 02O41'19" BAST 365.52 FEET TO THE POINT OF BEGINNING.