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Home My WebLink AboutCT 91-03; George Wimpey Inc; 1994-0484521; Hold Harmless Agreement/Release494 ik # 1994-0484521 09--AUG-1994 11=51 All OFFICIAL RECORDS SON DIEGO CDUNTY RECORDER’S OFFICE GREGORY S”;T;; COUNVE;ECORDER RF: [(I; : 19.c ;;i . RECORDING REQUESTED BY AND WHEN RECORDED RAIL TO: City Clerk CITY OF CARLSBAD i 1200 Carlsbad Village Drive ) Carlsbad. California 92008 1 Space above this line for Recorder's use Parcel No. 212-050-22,29,30.34 a%- 3 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (Dwg. No. 33%7A) and improvement plans (Dwg. No.335-7) for development to occur on property described as Evans Point, CT 91- 03 more particularly described as see attached Exhibit "A" (APN 212-050-22,29,30,34), and other good and valuable consideration, receipt of which is hereby acknowledged, (I/We) George Wimpey Inc., a Delaware Corporation the owner(s) of said property promise to indemnify and to hold the City of Carlsbad and any of its agencies or 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 Agreemmts/AG-17.FRW REV. 5/21/w .1 . . 495 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 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 binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WBEREOF, the has executed this instrument this ?a d un7;zn-J day of , 19 ~~. . OWlMW: By: ’ ‘I George Wimpey, Inc. Vice President - Land Division APPROVED AS TO FORM: RONALD R. BALL City Attorney By: deputy City Aturney (Proper notarial acknowledgment of execution by the OWNERS must be attached). Agre.ewmts/AG- 17. FRH REV. s/21/90 _- _- I ChJFORNlA ALLPURPOSE ACKNOWLEDGMENT 496 No. 5907 State of County of Ssq ri) ,‘P c! 0 On JLly <, 1994 , DATE NAME, TITLE OF OFFICER - E.G: “JANE DOE, NOTAkY PUBLIC personally appeared / &Gr 0 L&y ! \.I? NAbE(S) OF SIGNER(S) f personally known to me - OR - 0 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 ac- knowledged 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. WITNESS my hand and official seal. \/ SlGNATUk OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT c] INDIVIDUAL @ CORPORATE OFFICER iJ . 9. TITLE(S) . l+Arr\ es - \ >e.Q ocicct \ \ TITLE OR TYPE OF DOCUMENd q PARTNER(S) 0 LIMITED c] GENERAL 2 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: Q27lP4 DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 . . . * . EXHIBIT "A" 497. LEGAL DESCRIPTION, THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFOkNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "F" OF RANCH0 AGUA HEDIONDA, PARTLY WITHIN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP, SAID POINT 1 BEING SOUTH 74O13'29" EAST, 366.11 FEET FROM CENTER LINE STATION 414 PLUS 24.79 OF ROAD SURVEY NO. 1800-1, AS DESCRIBED IN THAT CERTAIN DEED TO THE COUNTY OF SAN DIEGO, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 14, 1970 AS FILE NO. 7225 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID LOT “F” SOUTH 25OO0'29" EAST, 25O33'56" EAST: 229.00 FEET PER DEED) 229.43 FEET (RECORD SOUTH TO POINT 23 OF SAID LOT, BEING THE NORTHERLY CORNER OF LANDS GRANTEb BY CHARLES KELLY AND WIFE, TO ELMER U. CARPENTER BY DEED, RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH llO48'43" WEST, 14.39 FEET (RECORD SOUTH llO55'07" WEST, 14.42 FEET PER DEED), ALONG THE WESTERLY BOUNDARY OF SAID CARPENTER LAND TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON SAID ROAD SURVEY NO. 1800-l; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF SAID CARPENTER LAND SOUTH llO39'13' WEST, 300.69 (RECORD SOUTH 11°55'07" WEST, 301.18 FEET PER DEED); THENCE SOUTH 42O29'10' WEST, 373.91 FEET (RECORD SOUTH 42O59'32' WEST, 374.50 FEET PER DEED), TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 42O38'34" WEST, 937.98 FEET (RECORD SOUTH 42O24'42' WEST, 938.72 FEET PER DEED), TO THE BEGINNING OF A TANGENT 6OG.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A.CENTRAL ANGLE OF 26°00'25', A DISTANCE OF 272.35 FEET (RECORD 269.80 FEET PER DEED); THENCE TANGENT TO SAID CURVE SOUTH 16O38'09' WEST, 386.23 FEET (RECORD SOUTH 16O38'52' WEST, 386.15 FEET PER DEED), TO THE MOST WESTERLY CORNER OF LAND CONVEYED TO JAMES A. DYE, ET UX, BY DEED FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 31, 1969 AS FILE NO. 236219 OF OFFICIAL RECORDS; THENCE SOUTH 89O59'34' WEST, 1'548.97 FEET TO A POINT ON THE BOUNDARY LINE OF SAID LOT "F' BETWEEN POINTS 4 AND' 5 OF SAID LOT; THENCE ALONG SAID LINE NORTH OO"11'52" EAST (RECORD NORTH OO"12fOO' EAST PER DEED), 2,122.OO FEET TO SAID POINT 4 OF LOT “F”; THENCE NORTH 82OO1'27 " WEST (RECORD NORTH 81O59'35" WEST PER DEED), 240.34 FEET TO A POINT ON A LINE DRAWN PARALLEL WITH AND DISTANT 100.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE COMMON BOUNDARY LINE BETWEEN LOTS "F" AND "I"; THENCE ALONG SAID PARALLEL LINE NORTH OlO55'36" WEST, 450.06 [RECORD NORTH Ol"3af25" WEST, PAGE 1 .- . . . 1 f ‘i - ‘. . ’ e 498 L l EXHIBIT "A" 445.00 FEET PER DEED); THENCE LEAVING SAID ?,;UIALLEL LINE NORTH 55O56'14" WEST' 123.59 FEET (RECORD SOUTH 55O33'25" EAST PER DEED), TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO MARVIN H. SIPPEL, ET UX, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 13, 1962 AS FILE NO. 193941' OF OFF'ICIAL RECORDS; THENCE ALONG SAID COMMON LINE BETWEEN LOTS I AND F, NORTH OlO55'56" WEST (RECORD SOUTH OlO54'38" WEST PER DEED), 670.29 FEET TO A POINT IN THE SOUTHWESTERLY BOUNDARY OF EL CAMINO REAL, AS SHOWN ON SAID ROAD SURVEY NO. 1800-1, SAID POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT 6,945.OO FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY' A RADIAL LINE TO SAID CURVE BEARS SOUTH 23O39'21" WEST; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF OO"15'21", A DISTANCE OF 31.02 FEET; THENCE SOUTH 23O24'00" EAST, 18.00 FEET; THENCE SOUTH 66O36'00" EAST, 150 .OO FEET; THENCE NORTH .23O24'00" EAST' la.00 FEET; THENCE SOUTH 66O36'00" EAST, 1'428.64 FEET TO THE BEGINNING OF A TANGENT 14'955.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°39'31"f A DISTANCE OF 693.95 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 28O48'15" WEST, 178.56 FEET (RECORD SOUTH 28O53'52" WEST, 178.31 FEET PER DEED); THENCE SOUTH 17°30f06" EAST, 278.47 FEET (RECORD somx 17024'23" EAST, 278.57 FEET PER DEED); THENCE SOUTH 29O38'12" EAST, 399.10 FEET (RECORD SOUTH 29O42'33" EAST' 399.26 FEET PER DEED); THENCE SOUTH 54O46'09" EAST 606.05 FEET (RECORD SOUTH 54O36'44" EAST, 601.95 FEET PER DEED), TO THE MOST WESTERLY CORNER OF SAID CARPENTER LAND, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING. . 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