The URL can be used to link to this page

Home My WebLink AboutMS 00-06; Chestnut Homes LLC; 2001-0690335; Hold Harmless Agreement/Releasel 1. ‘* ,- s . II ’ DOC # 2001-0690335 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 8EP 2% 2OC31 3:38 PM uFFICI# REaHa WDIE60MUIlYRnrrmER’SWE 13680 GB[;oRI k!!r”~ 7zoRDulRDER : . llulYlyull~lllsillllBlsluillllliiillllrm 2001.0690335 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 20521 O-09-00 PROJECT NO. & NAME: MS 00-06 Chestnut Homes HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE : .‘ :. In consideration of the City’s approval of a grading plan (Dwg. No. 392-7A) for development to occur on property described as (see attached Exhibit “A”) more particularly described as (APN No. 205-210-09-00), and other good and valuable consideration, receipt of which is hereby acknowledged, We, Chestnut Homes, Limited Liability Company, a California limited liability company, 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 1 Masters/ForrwHold Harm&s Agt Geological Failure Rev. 12/08/98 13631 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 WHEREOF, the undersigned has executed this instrument this 21st day of June ,2001* PROPERTY OWNERS Chestnut Homes, Limited Liability Company, a California limited liability company By: c %-. (sign here) L. Winans, Managing Member (print name and title) Date: June 21, 2001 By: (sign here) R. R. Robinson, Member (print name and title) Date: June 21, 2001 APPROVED AS TO FORM: 1 RONA$ R. BALL (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 Masters/Forms/Hold Harmless Agt Geological Failure Rev. 1zoma < ’ EXHIBIT “A” L 13682 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT 240 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 168 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF HIGHLAND STREET AND THE CENTER LINE OF CHESTNUT AVENUE AS SHOWN ON SAJD MAP NO. 1681; THENCE ALONG SAID CENTER LINE OF CHESTNUT AVENUE SOUTH 61’21’ WEST 443 FEET; THENCE SOUTH 28’39’ EAST 340.00 FEET; THENCE NORTH 61”21’ EAST 203.00 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO J.M.E. BROWN AND WIFE, RECORDED MARCH 12,1948, IN BOOK 2709, PAGE 95 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID BROWN’S LAND NORTH 28’39’ WEST 137.00 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND NORTH 61”2 1’ EAST 84.37 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED TO GERALDINE S. MAGEE, RECORDED MARCH 29, 1955 AS FILE NO. 41753 IN BOOK 5584, PAGE 425 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAJD LAND NORTH 28O39’ WEST 79.60 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE ALONG THE NORTHWESTERLY LINE OF SAJD LAND NORTH 61’21’ EAST 155.63 FEET TO THE CENTER LINE OF HIGHLAND STREET; THENCE ALONG THE SAID CENTER LINE NORTH 28O39’ WEST 123.40 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF JNTERSECTION OF THE CENTER LINE OF HIGHLAND STREET AND THE CENTER LINE OF CHESTNUT AVENUE AS SHOWN ON SAID MAP NO. 1681; THENCE ALONG SAID CENTER LINE OF HIGHLAND STREET SOUTH 28”39’ EAST 123.40 FEET; THENCE PARALLEL WITH SAID CENTFiR LINE OF CHESTNUT AVENUE, SOUTH _ 61O21’ WEST 155.63 FEET; THENCE P&tLLELi~ SAID CENTER LINE OF HIGHLAND . . STREET NORTH 28O29’ WEST 123.40 FEET TO THE -CENTJZR LINE OF CHESTNUT AVENUE; THENCE NORTH 61’21’ EAST 155.63 FEET TO THE POINT OF BEGINNING. :. . ._ :. :_. ._ . iLS0 -EXCEIfTl% -OM THAT PORTION DESCRIBED A!3 FOLLOWS: I j, . ..y - _)..a .- -:: .e. .,.. _ ,: ; ,.; _ .,. _: . j ,. ‘, >.J : -( :_ .:I”;;;:-~J:. -::::;. -;. . . . . ..- c, :“:’ __ . :: .=, I’-, 1 _ ..‘, :-._. .. ..:‘.:. ,..:‘-I ^. ._- -_: BEGINNING ;QYI’ :A’: POIIfI’:.ON !-THE - CM.: LINE : Ok : &&T ,A- DIS”j-- ~THEREONSOUTH 61”21’.WEST-155.63 FEET FROM-THE POINT OF.INTERSECTLbN OF THE ‘CENTER LINES 0F.CHESTNU-F AVENUE AND HIGHLAND AVENUE; THENCE CONTINUING SOUTH 61”21’ WEST ALONG THE CENIER LINE OF CHESTNUT AVENUE 84.37 FEET; THENCE SOUTH 28”39’ EAST 203.0 FEET, THENCE NORTH 61”21’ EAST 84.37 FEET, THENCE NORTH 28”39’ WEST 203.0 FEET TO THE POINT OF BEGINNING. .*. . . 13653 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON %“%a dj/ BEFORE ME, BARBARA WORTH WOODRING NOTARY PUBLIC, PERStiNALLY $!PPEhED-L. WINANS & RRROBINSON PERSONALLY KNOWN TO ME OR PAOVEDTO 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 HISjHERJTHEiR AUTHORIZED CAPACTTY(iES), AND THAT BY HiS!HE~HEIR SIGNATURE(S) QN THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) AWED, EXECUTED THE INSTRUMENT. JVITNESS MY HAND AND OFFICIAL SEAL. OPTIONAL SECTlON CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER PARTNERS(S) LIMITED GENERAL ATTORNEY IN FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER TITLE OR TYPE OF DOCUMENT OATE OF OOUCMENT SIGNER OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING NUMBER OF PAGES