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Home My WebLink AboutRP 99-11; ESA Services Inc; 2001-0617474; Hold Harmless Agreement/ReleaseDDE # 2001-0617474 QLJG 29. 2ocn 2:cJS ppq RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OFFICIAL RECORDS SAN DIEGO COUNTY k’#RDER’S OFFICE GREGOR’Y $&4ITH~ C~!~~~~~~R . * lC388 2001-0617474 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 203-l 30-l 5,18,20 & 34- 00 PROJECT NO. & NAME: RP 99-11 Extended Stay America HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (Dwg. No. 394-2A) and improvement plans (Dwg. No. 394-2) for development to occur on property described as more particularly described as (see Exhibit “A”), and other good and valuable consideration, receipt of which is hereby acknowledged, We ESA Services, Inc., a Delaware corporation, 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 1 Masters/Forms/Hold Harmless AQt Geological Failure Rev. 12/O&98 10389 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 18 day of ~u/I/ ,20&J.. PROPERTY OWNE Shawn R. Ruben Vice President - Devetopment (print name and title) . Date: 7/i &I I / By: (sign hererJ Assistant Secretary (print name and title) Date: ’ / APPROVED AS TO FORM: (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/Foms/Hold Harmless Agl Geological Failure Rev. 1 z/w98 10390 :+UQ-/OP State of GaMmt25 County of !&&$$4U ’ ) personally appeared ~g&im IQ.RU%fPJ &g.&&(/ (Name[s] of Signer[s]) X l personally known to me -OR - l (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 g&L Signature of Notary Ebnnie H. Hudson Commission # CC 918075 Expireg$lz 2004 AudcBondiicb., km (This area for official notary seal) Title or Type of Document Date Document of No. of Pages Signer(s) other than named above Masters/Forms/Hold Harmless Agt Geological Failure 3 Rev. WOW98 Exhibit “A” 10391 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SlTUATED I-N THE STATE OF CALIFORNIA. COUhTY OF SAN DIEGO. AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THE EAST 143.05 FEET OF THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE Cl-l-Y OF CARLSBAD, COUNTY OF SAN DKEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661. FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNT?’ MAY 1.1915 BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNTNG AT A POINT ON THE NORTH LINE OF SAID TRACI- 117 AND DISTANT THEREON SOUTH 89”5700” EAST. 658.95 FEET FROM THE MOST NORTHWESTERLY CORNER OF SAID TRACI-; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89°57’OO” EAST. DISTANCE OF 671.05 FEE-I- TO A POm; THENCE SOUTH 00”03’00” WEST, A DISTANCE OF 330.00 FEET TO POINT; THENCE NORTH 89”57’00” WEST, A DISTANCE OF 671.43 FEET TO A POINT; THENCE NORTH OO”05’oO” EAST. A DISTANCE OF 330.00 FEETTO THE POINT OF BEGINNING. THE WESTERLY LINE OF SAID EAST 143.05 FEET BEING PARALLEL WITH THE EA!?T LINE OF THE ABOVE DESCRIED TRACT. PARCEL 2: THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CD-Y OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 1661. FJLED Ih’ THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915. DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID TRACT 117; THENCE NORTH 89’57’ WEST ALONG THE NORTHERLY LINE OF SAID TRACI’, 1211.82 FEET TO THE TRUE POINT OF BEGTNNING; THENCE SOUTH O”03’ WEST 330.00 FEET; THENCE SOUTH 34’33’ EAST 105.80 FEET; THENCE NORTH 55’27’ EAST TO A POINT IN THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO DONALD A. MCLEAN, RECORDED KJLY 19. 1952 IN BOOK 4500, PAGE 83 OF OFFICIAL RECORDS BEING A POINT IN THE SOUTHWESTERLY LINE OF THE CALIFORNIA STATE HJGHWAY Xl-SD-2-B; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID MCLEAN LAND TO SAID NORTHERLY LINE OF TRACT 117; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THETRUE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING EASTERLY OFTHE FOLLOWING DESCRIBED LINE: COMMENCING FOR REFERENCE AT A POINT ON THE CENTER LINE OF ELM AVENUE DISTANT ALONG SAID CENTER LINE NORTH 5Y58’03” EAST 617.13 FEET FROM THE MTERSECI’ION OF SAID CENTER LINE WITH THE CENTER LINE HARDING STREET - FORMERLY Fit-L’H STREET; THENCE NORTH 34°01’57” WEST 40.00 FEET; THENCE NOK’i’tl lO”10’18” WEST 3.72 FEETTO THETRUE POINT OF BEGINNTNG; THENCE CONTINUING NORTH 10“10’18” WEST 3 15.51 FEET; THENCE NORTH 16O3724” WEST 175.70 FEET; THENCE NORTH 17O51’38” WEST 566.95 FEET; THENCE NORTH 22”33’07” WEST 490.19 FEET -lQ A POINT ON THE CENTERLINE OF KNOWLES AVENUE, DISTANT ALONG SAID CENTER LINE SOUTH 89OO6’33” EAST 202.6’ FEET FROM THE lN’l’ERSECIlON OF LA= SAID CENT’ER LLNE WITH l‘liti 10392 EASTERLY LINE OF BLOCK 13 SUNNY SLOPE ‘IRA= OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 995, FILED IN THE OFFICE OF THE COUWI’Y RECORDER OF SAID COUNTY XJNE 6,1906. THE BEARING AND DISTANCES USED IN THE ABOVE MCEPTION ARE ON THE CALIFORNIA COORDINATE SYSTEM ZONE 6, MULTIPLY ALL DISTANCES USED TN THE ABOVE DESCRIFI-ION BY I.0000472 TO OBTAIN GROUND LEVEL DISTANCES. PARCEL 3: THAT PORTION OF LOT 31 IN SCHELL AND SITES ADDITION TO CARLSBAD, THE ClTY OF CARLSBAD. IN THE COUNTY OF SAN DJEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20, 1929. LYING NORTHEASIERLY OF THE. LOCATION AND PROLONGATION OF A LTNJZ WHICH IS PARALLEL WlTH AND 50 FEET NORTHEASIERLY, MEASURED ALONG THE SOUTHEASTERLY LOT LTNE, FORM THE SOUTHWESTERLY LINE OF SAID LOT 31.