HomeMy WebLinkAboutMS 04-03; Casa Laguna II LLC; 2004-1201098; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC # 2004-1 201 098
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DEC 21,2004 4:45 PM
OFFICIAL RECORDS SAN DIEGO COUNT? RECURDER’S OFFICE GREGORY J SMITH, COUNTY RECURDEH
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4 FAG E s
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SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO. 155-223-20-00
PROJECT NO. & NAME: MS 04-03
Casa Laguna II
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (DWG No. 421-2A) and
improvement plans (DWG No. 421 -2) for development to occur on property described in Exhibit
“A more particularly described as (APN No. 155-223-20-00), and other good and valuable
consideration, receipt of which is hereby acknowledged, We CASA LAGUNA II, LLC, a
California Limited Liability Company, the owners 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
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HCIevelopment SeNCleS/MaSters/BondS & AgreementsJHold 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 WHEREOF, the undersigned has executed this instrument this ?LO nx
dayof ~&JW ,203.
PROPERTY OWNERS
CASA LAGUNA 11, LLC, a California Limited Liability
Company
By:
(sign here)
H. David Buckmaster, President
Date: %I&( z00q
(print name and title)
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD 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.)
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H:/Development ServciedMasterdBonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
State of California ) 1
County of San Diego 1
P
On SI%\ TL63cC before me, L .< -qd, % /?& ' 9
(Date) (we, Title of Officer)
personally appeared 14 b m . K5-m -
(Name[s] of Signer[s])
n personally known to me -OR -)5$
(proved to me on the basis of satisfactory evidence) to be the person(@ whose name(@
subscribed to the within instrument and acknowledged to me that-y
executed the same in6&&ttmr authorized capacityfes), and that bmherftkeir
signature($ on the instrument the person@), or entity upon behalf of which the person(&
acted, executed the instrument.
WITNESS my hand and official seal
a
S)@dtHd of Notary
(This area for
official notary seal)
Title or Type of Document I-cs\b kk&VVi5iFkS *m
3 Date of No. of Pages
Document PNww L,aq
Signer(s) other than named above r/ /A
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Rev. 12/08198 H:/Developmnl Selvcies/Masters/Bonds & AgreemntsiHold Harmless Agt Geological Failure
File No: 01113723
EXHI BIT 'A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
That portion of Lot 1 in Fractional Section 1, Township 12 South, Range 5 West,
San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego,
State of California, according to Official Plat thereof, described as follows:
Commencing at the intersection of the North line of Laguna Drive with the West
line of Front Street as shown on Map No. 1722 of Seaside Lands filed in the
Office of the County Recorder of San Diego County July 28, 1921; thence North
89O50' West along the said North line of Laguna Drive 704 feet to the True Point
of Beginning; thence continuing along the said North line of Laguna Drive, North
89O50' West, 90.00 feet; thence North OOOS' East, 256 feet to a point on the
Southerly boundary of Buena Vista Gardens, according to Map thereof No. 2492,
filed in the Office of the County Recorder of San Diego County August 4, 1948;
thence South 89O50' East along said Southerly boundary, 90.00 feet; thence
South OOO5' West 256.00 feet to the Point of Beginning.
Assessor's Parcel Number: 155-223-20-00