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Home My WebLink AboutCT 98-21; Seaview Residential LLC; 2000-0424322; Hold Harmless Agreement/ReleaseDOC ?‘ 2000-0424322 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 3764 AUG IO, 2000 II:30 fwl OFFICIAt RECORDS SW DIE60 CouflTY RECORDER’S OFFICE GREGORY J. SHIN, COUNTY RECORDER FEES: lY.00 lllllll~llyull~llnul~l~~ll~ll 2000-0424322 HIS LINE FOR RECORDER’S USE 167-070-04-00 ,ol ,~I i ‘$ ,?;g ‘.’ I( ;.;,T~j,f&D HARMLESS AGREEMENT “/ ‘: i ,’ ,:J:::iI‘,@; ‘,I GEOLOGICAL FAILURE i_[;>;:* : “,’ :,, ‘&4tl! ,I ‘,i I ; ,*,:I “i I’ ,I ’ i* ‘3 I, ,:’ j, il, : (’ &&j *, : ;:sl:/:‘LL 0 I,, .,,:* ’ ,‘, ,j>bS ,:, iI, *~a ,,I e FIi ,!:~$ L; i ; :( : I, #” , < ‘i(, _I jl :; fi” j3a, ’ ~$$ ‘;;“; i$& In &nsi&&#~’ of the city’; approval I:;& a grading, plan (D~~.~~,,.~oi’;~3~~~~~) and b 6 j. improvement pUi$s”~(l!&g. No. 385-2) for development to occur on pro’ser& descr#$&&s (see >.i is{ Exhibit A, &@&h&d:) g&e particularly’described a* (APN No. (~67$&~4&, @f$$#& good and valuable consid&-ation,’ receipt of which‘ is hereby’ ackho~ledg&, “ye, =~&!; ! :,Beaview ,$4:T’,;i Residential, UC, thd>Hners’ of ‘said property promise to”indemnHy and’,&3 hold;{& City of ‘( ((iill ,,( <, Carlsbad, its dff%ers&gents and emf%yees harmless: fh$Kliability for injuries t&%rnypersons, >~ ild‘ ,::/, 2 or damage to o&#&tg’of any property including public property, dire~l$@r~~n~~re~tly caused by : : I*, L (,’ the geological failure”of any“na$re, type or ‘cause or any subsequent dama@‘t~at may occur ‘( ,(. ,, : ;J :i -, ‘-, on or adjacent to this su6dfvMon dtie Be its construction, .oper&d~or maintenaince. ‘Xl,_, (~: , ;E I,;.,-: ,: .:+ .‘, Approval of the-$&ins or p&m&s,:br- %#&@WPef-any work done pun&ant to those plans : 0 or permits by the City shallnutx&nst~~~~e an assum$ion bp ttie C‘fty of%&iy responsibility for any 2 x _,* : i, damage or taking referenced in tRi’S~~a.Sr’ee~~n.,,,, Cjt@shaJ not be’ responsible in any manner ‘, ,.‘)( whatsoever for the design, compaction, con!&ruction 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 - J 1 Masters/Forms/Hold Harmless Agt Geological Failure * Rev. 12/08/98 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 any part of the property described herein. _ IN WITNESS WHEREQF;,‘, ‘_, this instrument this 2 I ‘): i’,’ L, “ ‘,;I >- m,~ day of dA / I, _; Seaview Residential. LLC “’ ) I,:(i 5‘~. ,p‘:.- si _:, ,- 3 ,& 1’ ,_, 2 (9, i @ ,’ ~/i ‘, : I’ D& ” , (( ” Ils,l a >> j ,(L, ((8 -’ “ ,: . _“ ,, (’ ‘, :-;;;fj;i.,, : ‘-’ ,&: (( ,- I, I( I“) I!: : :~: j : ;, : : ,.:?!i!r- 2 *vj : b I4J ,,,&s, L e,.)_ ,I,, { ! Ii:&:+ :, : 1;. “i_ I i ,1: I_!,~ ,&i;q*;. ., Donna C.“WiIson, Secretary; ’ is: ’ !,“j j;: ,azi ,I& /,;‘jll_l- : L iz.,s@: _I’ (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 MasterslFomwHold Harmless Agt Geological Failure Rev. 12/08/98 3766 - EXHIBIT A CT 98-l 2 (LEGAL DESCRIPTION) A portion of Lot “J” of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the Southwest corner of said Lot “J” marked by a 6 inch galvanized iron pipe filled with cement; thence North 23’33’ West along the Southwesterly boundary line of said Lot “J” a distance of 179.37 feet to a point on the Northerly line of the County Road as shown on Licensed Surveyor’s Map No. 441, thence continuing North 23” 33’ West along the Southwesterly boundary line of said Lot “J” a distance of 351.08 feet to the True Point of Beginning; thence North 23’33’ West along the Southwesterly boundary line of said Lot “J” a distance of 295.92 feet; thence North 66’26’44” East 555.20 feet to the Easterly line of the land conveyed to Lewis D. Craig and Bernice B. Craig, by H.E. Ellery, Ada E. Ellery and Elizabeth S. Nevin, according to deed recorded in Book 2074, Page 307 of Official Records of San Diego County, California; thence South 23°19’10” East along said last mentioned Easterly line a distance of 298.20 feet to the Northeast corner of land conveyed to Grace B. Roe, by Lewis D Craig and Bernice Craig, according to deed recorded in Book 2266, Page 396 of Official Records of San Diego County, California; thence along the Northerly line of said Roe land; South 66’40’50” West a distance of 323.03 feet to the Northwest corner thereof; thence along the Westerly line of said Roe land South 23’19’10” East a distance of 322.13 feet to the Southwest corner of said Roe land, being a point in a curve on the aforementioned County Road concave to the South and having a radius of 326.09 feet, said radius having a bearing of South 11°28’49” East; thence Westerly along said curve through an angle of 4’27’28” a distance of 25.37 feet to a point on said curve whose radius is 326.09 feet, said radius having a bearing of South 15’57’17” East; thence North 23”19’10” West a distance of 317.91 feet; thence South 66’40’50” West a distance of 205.97 feet to the True Point of Beginning. 3767 State of California County of San Diego 1 beforeme, I inda I opez. Notary Public On cl<;::,;0 (Name, Title of Officer)’ personally appeared Joseph A. Gallagher and Donna C. Wilson (Name[s] of Signer[s]) __----------------------------- , 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 oapacity(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 Linda Lopez \J ,--A&AAA--*A~ LINDA LOPEZ COMM. Ml63702 8 MmARYPUBUOCAUFORNU -I (This area for official notary seal) Title or Type of Document Ho1 d Harm1 ess Aqreement Date of Document Signer(s) other than named above No. of Pages _ _ _ _ _ . .__ . _ _ _ - _ .- 8 . ._. - 3168 _- BOARD OF DIRECTORS MEETING MARCH 14,200O The Board of Directors of MSK Management, Inc. hereby authorires Joseph A. Gallagher, in his position as President of the Corporation, and Donna C. Wilson, as Secretary of the Corporation, to sign on behalf of Seaview Residential LLC, all applications, agreements, maps, and other regulatory and governmental approval applications. This includes final map or subdivision tract maps, grading plans, improvement plans, etc. necessary for the development of the Seaview project. 5142 Avcnidn Encinas, C,arldmd. CA 92008 (760) 931-2785 FUX (760) 931-2784