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HomeMy WebLinkAboutHDP 2017-0001; Manea, Sabin and Eugenia; 2018-0228794; 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# 2018-0228794 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Jun 06, 2018 02:16 PM OFFICIAL RECORDS Ernest cl Dronen burg Jr., SAN DIEGO COUNTY RECORDER FEES. $0 00 (SB2 Atkins $0 00) PAGES 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 223-052-52-00 ------------PROJECT ID: HDP 2017-0001 ------------PROJECT NAME: Dr. Manea Property _____ __,__..__ ___ _ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 507-?A) 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) Sabin J. Manea and Eugenia Manea, husband and wife as joint tenants, 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 1 I\FILES01V\Departments\CED\LandDev\PROJECTSIHDPIHDP20171HDP2017-0001-Dr Manea Property-Levy\Security and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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. Ill Ill /II /II Ill /II /II Ill Ill /II /II /II Ill Ill Ill Ill Ill Ill /II /II /II Ill 2 IIFILES01V\Departments\CED\LandDev\PROJECTS\HDP\HDP2017\HDP2017-0001-Dr Manea Property-Levy\Secunty and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this .-.--?A: day of _ ___,_'--~-·---~-""-----' 20 1 ,>?_ OWNER(S) Sabin J. Manea and Eugenia Manea, husband and wife as joint tenants APPROVED AS TO FORM: CELIA BREWER City Attorney By}~ ~RONKEMP Assistant City Attorney City of Carlsbad -~:~ / " 1/,-7. / By: c;,;f?£r::<t~/2: Mtr2L{l.r= / (sign here) Dr. Sabin J. Manea, Owner (print name and title) Date: ~ B· Dr. Eugenia Manea, Owner (Proper notarial acknowledgment of execution by owner(s) must be attached) o/i (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.) 3 \\FILES01V\Departments\CED\LandDev\PROJECTS\HDP\HDP2017\HDP2017-0001-Dr. Manea Property-Levy\Security and Agreements\HOLD HARMLESS AGREEMENT 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. State of California ) County of SO fl i> i LIJ tJ ) On OJ/34/ lq J beforeme, Lupe.. Ot-f-E,.qa, N6hLt.f rut/,·0' Date Here Insert 7/.Jame and Title of the Officer personally appeared __ L> __ ((__ ___ S_· a_£_1_'J __ -:J_. __ !Y_l~a_1_1 L_.tA__-_________ _ 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. left:"• ft ft ftl~E~RT7G7 ft ft i : / -. hh°"_··. Notary Public -California ~ ~ ,0f!.'· San Diego County :: z , . -Commission# 2195510 ,., My Comm.Expires Jun 1, 2021 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature d% (/)uh f/ (0 Signature of Notary P~blic ----------------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 6~ o Io f-t i.!ilL( fu_,'/1..uU!..-/ Title or Type of Document: Hold ~1mlt i;~ l}Jr..M1ffl:.-nf D6cument Date: CI / J 1-IP Number of Pages: 4 Signer(s) Other Tlian Named Above: ____ -_-_-_______ _ Capacity(ies) Claimed by Signer(s) Signer's Name: -DR., . .Sa/41"1 T /vl a 11/ CG 1 1 Corporate Officer -Title(s): ______ _ i=J Partner -D Limited D General ~ Individual 17 Attorney in Fact n ljustee 11 Guardian or Conservator r-:Y'Other: ~ uJ n D< Signer Is Representing: ________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual r] Trustee r J Attorney in Fact I I Guardian or Conservator [] Other: _____________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 'K'~~~cQ· CQ()('xl~~~~~OOl~::Cc,~· ~~&X'&X'.a:'.a'~.&A 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. State of California ) County of .,, >O I) '----r> i 4-j V ) On (] J }J-4 } ,:). {) I g before me, -'=L=i=FCJ-----'-.1."--'--'=..L__.,.+-__;.._....:....;J"-o::...!k'--'. ::...::.2..:::.;.t.,'-----7>_·-=u.=i.J"--'-/-'~-'--=- Date the Officer - 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. LUPE ORTEGA Notary Public -California San Diego County Commission # 2195510 My Comm. Expires Jun 1, 2021 Place Notary Sea/ Above I certify under PENAL TY 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 (~o/oftc!tL( /b1 /vrL . 1 / Title or Type of Document:Hdd Hu,,1rrde<;S. /hrf!v1f1d DocJ'ment Date: t)f1c21 if Number of Pages: 4 Signer(s) Other Ttfan Named Above: _______________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ~(. E u4fi1 ca,.,.., rnanLR-- 11 Corporate Officer -Titl~(s): ______ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ Cl Partner -lJ Limited l J General [] Partner -1-J Limited D General CJ Individual l.J Attorney in Fact I J Individual r l Attorney in Fact =J Trustee LJ Guardian or Conservator I J Trustee : l Guardian or Conservator [.;(other: u u) rU/LJ lJ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~~~~~~~~~~~~~~~~;;;;:;,~:§K;~·~~,g:(;~·~~~~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Order No.140-1840384-32 SCHEDULE"A" The 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: Sabin J. Manea and Eugenia Manea, husband and wife as joint tenants The land referred to in this report is situated in the County of San Diego, State of California, and is described as follows: Parcel 1: Lot 52 of Carlsbad Tract No. 08-03, La Costa Town Square, according to Map thereof No. 15918, filed with the office of the County Recorder of San Diego County on May 24, 2013. Excepting therefrom, all minerals, mineral rights, oil, oil rights, natural gas, natural gas rights, petroleum, petroleum rights, other hydrocarbon substances, geothermal steam, all underground water, and all products derived from any of the foregoing, in or under or which may be produced from the property which underlies a plane parallel to and 500 feet below the present surface of the property, together with the perpetual right of drilling, mining, exploring and operating therefore and storing in and removing the same from the property or any other land, including the right to whipstock or directionally drill and mine from lands other than the property, oil, water or gas wells, tunnels and shafts into, through or across the subsurface of the property and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any wells or mines, without, however, the right to drill, mine, store, explore, and operate through the surface or the upper five hundred (500) feet of the subsurface of the property, as reserved by Daon Corporation in deed recorded June 23, 1983 as file no. 83-212476 of official records. Also excepting therefrom unto the grantor, all remaining oil, oil rights, minerals, mineral rights, natural gas rights and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the property hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefore and storing in and removing the same from said property or any other property, including the right to whipstock or directionally drill and mine from properties other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the property hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines, without, however, the right to drill, mine, store, explore, or operate through the surface or the upper 500 feet of the subsurface of the property hereinabove described, as reserved in deed from development solutions 2Lac, LLC, a Delaware Limited Liability Company, in deed recorded August 17, 2015 as file no. 2015-0434637 of official records. Parcel 2: Nonexclusive easements for use, ingress, egress, access, maintenance, repair, drainage, encroachment, or other purposes, all as described and/or depicted in the "Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Arterro" recorded on March 13, 2014 as Instrument No. 2014-0099798 and the "Notice of Annexation for Phase 5 of Arterro" recorded on May 30, 2014 as Instrument No. 2014-0222226, both in the official records of San Diego County, California, as each may be amended and/or modified from time to time. APN: 223-052-52-00