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Home My WebLink AboutMS 04-18; Family Real Estate Enterprises, LLC; 2007-0262802; Hold Harmless Agreement/Release8803 DOC# 2007-0262802 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 APR 18, 2007 11:55 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J. S MIT H. CO U N TY R E CO R D E R FEES' 16.00 PAGES: 4 2007-0262802 SPACE ABOVE THIS LINE FOR RECORDER'S USE 208-040-05ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Eucalyptus Lane MS 04-18 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 440-9A) and improvement plans (DWG 440-9) for development to occur on property described as (see attached, Exhibit "A") more particularly described as (APN No. 208-040-05), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Family Real Estate Enterprises, LLC, 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 H:\Development Services\PROJECTS\MS FILESWIS 04\MS 04-18 Eucalyptus MS-Maashoff&Scobba\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(440-9).doc 8809 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 day of MflyrVl __ 20 gf). PROPERTY OWNERS Family Real Estate Enterprises, LLC, a California Rachel D. Mullin, a Managing Member (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney jputy City Attorney (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.) 2 H:\Development Services\PROJECTS\MS FILES\MS 04\MS 04-18 Eucalyptus MS-Maashoff&Scobba\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(440-9).doc 8810 State of California ) ) County of San Diego ) On before me,tV\ (Date)(Name, Titled Officer) personally appeared XfirVi^ -Jj. \VUAu/) (Name[s] of Signer[s]) t [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 Signature of Notary Commission* 1546423 . Notary PubKc-CoWomta I San Diego County ~ Expires Jon 22,2C (This area for official notary seal) Title or Type of Document \^oV* VVaA\rv\l/S6 IrVxWVWTiV (fU>0\O« \L£L i Ita luft Date of Document No. of Pages Signer(s) other than named above H:\Development Services\PROJECTS\MS FILESWIS 04\MS 04-18 Eucalyptus MS-Maashoff&Scobba\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(440-9).doc t8811 EXHIBIT "A" PROPERTY DESCRIPTION THAT PORTION OF LOT "I" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT CORNER NO. 2 OF SAID LOT "I"; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT "I", BETWEEN CORNERS NO. 1 AND NO. 2 OF SAID LOT, NORTH 02° 28' 40" WEST (RECORD NORTH 03° 00' 00" WEST) 21.84 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 531 PAGE 230 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS FILE NO. 9613, IN BOOK 3942 PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS: ALONG THE SAID CENTER LINE OF COUNTY ROAD, NORTH 67° 10' 00" WEST, 897.21 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER LINE OF COUNTY ROAD, NORTH 64°, 35' 00" WEST 243.68 FEET TO THE POINT OF BEGINNING THENCE ALONG SAID CENTER LINE NORTH 64° 35' 00" WEST 302.54 FEET; THENCE SOUTH 25°25' 00", 327.43 FEET; THENCE SOUTH 71° 20' 00" EAST, 180.80 FEET TO THE BEGINNING OF A TANGENT 150.0 0 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE, 227.15 FEET THROUGH AN ANGLE OF 86° 46' 00"; THENCE NORTH 21° 54' 00" EAST 148.31 FEET TO THE TRUE POINT OF BEGINNING