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Home My WebLink AboutCT 98-20; Hall Investment Company Inc; 2000-0424323; Hold Harmless Agreement/Release* . ( ‘I 1 x * ‘ . t-TTd Y DOC 78 2000-0424323 3769 fwJG 10s 2000 EL:30 AM RECORDING REQUESTED BY oFf1c1&, REalRDs WHEN RECORDED MAIL TO: scy( DIEGO Cl’WTY RECURDER’S WFICE City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 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 1 MastersJFormsMold Harmless Agt Geological Failure Rev. 12/08/98 1 . ‘3 I k , - 3770 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 be binding on all heirs, successors or assigns having an interest in all or anv Dart of the orooertv described herein. ).!.(! ‘::esiir IL+ i 8 -,!‘2:;, ;> &It;:, / J i.i’ I ,.’ ,I _ _s ,- ‘i : : j lg$~i i#” : ; :i (.I ,:, * ‘.!‘,i.;-+ i t:i: i::‘/ /;/ : tjl ,(~ ;~. (( A: Id j L ,‘ ,. ,,,-, ‘,(‘I ! L :* i 2. : ,_:,;:j. ,:‘~byJc 2: [ ‘2 ,i “& %*‘j:y :.,j ,...j&“~ [_I +$illi, i,.& I ?$i,li -,.(i * : I_!,; :I‘$:: ,, 3 ,.:a. _( : “‘:j“’ (print yqmeandJ(tle) ,wi$! i :ri;;::i:iz’ .l ,_( r&l:i~ APPROVED AS (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.) I 2 MastersJForms/Hold Harmless Agt Geological Failure Rev. 12/O&98 3771 - Attachment A LEGAL DESCRJPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 16 AND 17 IN BLOCK “G” OF BELLAVISTA IN THE CITY OF CAIUSBAD, COUNTY OF . SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7,1929. ALSO, THAT PORTION OF LOT 18 IN SAID BLOCK “G” OF BELLAVISTA, LYING NORTHERLY OF THE EASTERLY PROLONGATTON OF THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF LOT 1 l-N BLOCK “E” OF BELLAVISTA. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 16 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID POINT ALSO BRJNG THE MOST NORTHWESTERLY CORNER OF PARCEL 3 OF PARCEL MAP NO, 10776, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNT-Y RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1980 AS FILE NO. 80- 413850 OF OFFICIAL RECORDS; THENCE ALONG THE LINE COMMON TO SAID LOT 16 AND SAID PARCEL 3 SOUTH 24”58’37” EAST, 128.00 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAlD PARCEL 3; THENCE LEAVING SAID LINE ON A PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID PARCEL ‘3, SOUTH 71”01’23” WEST, 15.34 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY LINE OF JAMES DRIVE; THENCE ALONG THE NEW PROPOSED RIGHT OF WAY LINE NORTH 28”36’24” WEST, 108.78 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 26”11’06” EAST, 28.43 FEET TO THE POINT OF BEGINNTNG. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 16, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF PARCEL 2 OF PARCEL MAP NO. 10776, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9,198O AS FILE NO. 80-413850 OF OFFICIAL RECORDS; THENCE LEAVING SAID LINE ON A PROLONGATION OF THE NORTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 71’01’23” WEST, 15.34 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY LINE OF JAMES DRIVE; THENCE ALONG THE NEW PROPOSED RIGHT OF WAY LINE SOUTH 28”36’24” EAST, 11.86 FEET TO THE BEGINNING OF A TANGENT 170.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEAST ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 10°03’OOO” AN ARC DISTANCE OF 29.82 FEET; THENCE TANGENT TO SAID CURVE SOUTH 38O39’24” EAST, 42.40 FEET TO A POINT ON THE NORTHEAST LINE OF SAID LOT 16; THENCE ALONG ’ SAID NORTHEASTERLY LB% NORTH 24”58’37” WEST 80.87 FEET TO THE POINT OF BEGINNING. . ‘. . . * .r 3772 State of California ) County of San Diego ; On L-O.% - 02600 before me, &p&me - /tJeS &#&?d /$%R,y AaQi (Date) (Name, Title of Officer)’ personally appeared A$hs&~ 3 hAAL (Name[s] of Signer[s]) I personally known to me -OR - (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 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 hLb +LfL&-sr A em/-’ Lz&4e / Date of Document No. of Pages 3 Signer(s) other than named above /%#&7 HALLMARK COMMUNITIES PAGE 02 ,86/23(2886 13: 38 6194813885 ‘I i! .:.. CORPO AUTHORZING THE SIGNATURE 0 S & DOCUMENTS FOR THE SUBDIVISION & DEVELOP CONSTRUCTION & SALE THE CITY OF CARLSBAD RESOLVED: That Michael J. Ha Company, fnc., a California Corporatfon, hereby authorized and empowered for and on behalf of and of this corporation to do ail acts and to execute aif maps and that are necessary in the ordinary course of business in the subdivisi nd development of land and the construction and sale of homes, and the signature of Michae! J. Hall is the one and only signature needed to I, Michael 3. Hall, President of Hail Investment created and existing under the laws of the S certify and declare that the foregoing is a fui resolution duly passed and adopted by the corporation at a meeting of said Board duly and held, at the office of said corporation on t which meeting a quorum of the Boa in favor of said resolution; and that effect. pany, Inc. a corporation of Californla, do hereby e and correct copy of a of Directors of said ularly called, noticed day of April, 2000, at I further certify that the office refer held by the following, whose signature appears