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Home My WebLink AboutMS 05-10; Summit West Real Estate Inc; 2021-0612410; 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# 2021-0612410 11111 HI Ill ~RI If 1111\l lllll lM\ ~II ill ~Al 11111111 Aug 27, 2021 04:52 PM OFFICIAL RECORDS Ernest J. Dronenburg, 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.: 208-040-12-00 --=-------------PROJECT ID: MS 05-10 -----------PROJECT NAME: Eucalyptus Lane (Chehade Sub.) HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 512-SA) 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) Summit West Real Estate, Inc., a California Corporation, 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 mai1ntenance. 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 0:ICEDll.andOeYIPROJECTSIMS\MS 05\MS 00-10 Eucalyptus· Rick, Levy\Bonds and AQ<eement\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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICED\LandDev\PRDJECTSIMSIMS 05\MS 05-10Eucelyptvs -Rick. levy\Bonds rd Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 IN WITNESS WHEREOF, the undersigned i \ day of _____,1,...._\U=-G-8 __ _,, 20.lJ. OWNER{S) has executed this instrument this Summit West Real Estate, Inc., a California Corporation APPROVED AS TO FORM: CELIA BREWER City Attorney By~£p ~ Assistant City Attorney City of Carlsbad By: Date: By: Date: Guy Oliver, President {print name and title) {sign here) (print name and title) {Proper notarial acknowledgment of execution by owner(s) must be attached) (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 Q:ICEO\L,indOe,;\PROJECTS\MS\MS 05\MS 05-10 Eucalyptus· Rick, Levy\Bonds and Agreemen!IHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25113 CALIFORNIA ALL-PURPOSlli ACKNOWUDGMliNT CML 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 Counfy of ~~ •;r ) On :l ~te O before me, -+H--f-4· J'"""(H ... ,~ .... (9"","""'ns""'ert~~----·JJ,_.,an'""'~ ..... n ..... ,,..ne __ t .... e..-i-'~,c.L ... r~-parsonally appeared ____ ....;::(;'--v_ ... +l--=O"--/'-'l=\1/_...,_ ______________ _ / Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the parson~ whose name(~ is/Ve subscribed to the within instrument and acknowledged to me that he/st\att~ executed the same in hls/hlt(/~lr authorized _capacityQ£), and that~ his/hlr~I, slgnatureOO on the Instrument the person(~. or the ent,fy upon behalf of whlcri the person(ft actecf.'executed the instrument. •••••••••••• ,_,,. f' '• MK S7UCKEY ~ Notary Public • Californi~ San Diego County ; Commission ~ 2285679 -My Comm. Expires May t 6. 2023 Place Notary Seal 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. Slgnat"'6 1:1,1(.1.Ll,; ~of tary Public ---------------OPTIONAL---------------Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to 811 unintended document. Description of Attached Document Tltle or Type of Document: ____________ Document Date: _______ _ Number of Pages: ___ Slgner(s) Other Than Named Above: ____________ _ CapacltyQes) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -lltle(s): ______ _ □ Partner -D Limited D General D Partner -D Limited D General D Individual O Attorney In Fact D Individual D Attorney in Fact 0 Trustee O Guardian or Conservator 0 Trustee D Guardian or Conse,vator D Other: ______________ _ D Other. _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~SZJ.Wik!WSiikS<SWSw3GW~·~iik~ Q2014 National Nota,y Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:ICED\Laooe.lllPROJECTS\MSIMS 05\MS 05-10 Eucalyptus· Rick. Levy\Bonds and Ageemenl\HOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01125113 · e'it+l~lT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: PARCEL B AS SHOWN ON CERTIFICATE OF COMPLIANCE AS EVIDENCED BY DOOJMENT RECORDED ON JANUARY 21, 2005 AS INSTRUMENT NO. 05-54768 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "I", OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO PARTmON MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, AiSO ALL OF INSTRUMENT 03-879846, RECORDED JULY 23, 2003 OF OFFIOAL RECORDS OF SAID COUNlY AND A PORTION OF INSTRUMENT 03-1154907, RECORDED SEPTEMBER 19, 2003 OF OFFIOAL RECORDS OF SAID COUNTY, MORE PARTIOJLARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE CENTERLINE OF COUNTY ROAD SURVEY NO. 682, AS DESCRIBED IN EASEMENT FOR COUNlY HIGHWAY, RECORDED JUNE 12, 1936 IN BOOK 521, PAGES 230 THRU 232 OF OFFICIAL RECORDS; THENCE ALONG SAID CENT.ERLINE, NORTH 63°59'30". WEST, 701.35 (RECORD NORTH 64°35' WEST PER SAID ROAD SURVEY NO. 682) TO THE BEGINNING OF A TANGENT 1,000.00 FOOT CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CENTERLINE AND CURVE, THROUGH A CENTRAL ANGLE OF 00°24'04", AN ARC DISTANCE OF 7.00 FEET · TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID CENTERLINE AND CURVE, THROUGH A CENTRAL ANGLE OF 08°43'02", AN ARC DISTA.NCE OF 152.14 FEET TO THE EASTERLY UNE OF SAID INSTRUMENT 03-1154907; THENCE ALONG SAID EASTERLY LINE, SOUTH 07°15'14" WEST, 220.82 FEET; THENCE SOUTH 67°31'30" WEST, 77.74 FEET; THENCE SOUTH 02°02'16" EAST, SO.SO FEEfTO THE BEGINNING OF A TANGE(iT 18.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 68°44'58", AN ARC DISTANCE OF -21.60 FEET; THENCE SOUTH 70°47'14" EAST, 46.28 FEET TO THE EASTERLY UNE OF SAID INSTRUMENT 03-1154907; THENCE SOUTH 07°15'14" WEST, 24.05 FEET TO THE CENTERLINE OF EUCALYPTUS LANE AS SHOWN ON MAP NO. 13753, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DJEGO COUNTY, APRIL 5, 1999; THENCE ALONG SAID CENTERLINE, SOLTTH 70°47'14" EAST, 99.91 FEET TO THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO MICHAELE. SHOOK AND JO ANN s·HOOK RECORDED AUGUST 9, 1977 AS INSTRUMENT NO. 77-322114 OF OFfICIAL RECORDS; THENCE ALONG SAID WESTIRLY UNE, NORTH 15°32'04" EAST, 345.40 FEl:T TO THE TRUE POINT OF BEGI~NING; PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINES AND APPURTENANCES THERETO, TO BE USED IN COMMON WITH lliE GRANTORS AND OTHERS OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET WIDE IN LOT "I" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DiEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. '82.3, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER L.+NE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: . . BEGINNING AT CORNER NO. 2 OF SAID LOT "I"; THENCE ALON.G THE NORTHERLY PROLONGATION AT THAT PORTION OF THE EASTERLY LINE OF SAID LOT "I", BETWEEN CORNER NO. 1 AND NO. 2 OF SAID LOT, NORTH 02°29'40" WEST (RECORD NOR1H 03°00'00" WESTI 21.84 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN THE EASEMENT DEED TO THE COUNlY Of SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 531, PAGE 230, OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT OF INTERSECTION-BEING ALSO iHE SOUTHEASTERLY CORNER OF-THAT PARCEL OF LAND DESCRIBED IN THE QUITCLAIM DEED TO HORACE H. KELLY, RE<:;ORDED JANUARY 22, 1951 AS ALE NO. 9613, IN BOOK 3942, PAGE 34, OF OFFICIAL RECORDS; THENCE ALONG iHE 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 (X)NTINUING ALONG SAID CENTER LINE OF cou~ ROAD, NORTH 64°35'00" WEST 701.22 FEIT TO THE BEGINNING OF A TANGENT 100_0.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; iHENCE WESTERLY ALONG SAID CURVE, J19.27 FEET THROUGH AN ANGLE Of 18°17'34"; THENCE LEAVING SAID CENTER LINE, S01.[TH 03°18'40" EAST 355.96 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN.DESCRIBED CENTER UNE; THENCE SOUTH 71020'00" EAST . 480.66 FEET TO THE BEGINNING Of A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 227.15 FEET THROUGH AN ANGLE OF 86°46'00"; THENCE TANGENT TO SAID CURVE:, NORTH 21 °54'00" EAST, 148.31 FEET TO SAID CENTER LINE OF THE COUNTY ROAD, SAID 30.00 FOOT STRIP BEING IN A LINE WHICH BEARS SOUTH 03°18'40" EAST . THROUGH THE TRUE POINT OF BEGINNING AND ENDS IN THE SOUTHWESTERLY LINE OF SAID COUNTY ROAD. EXCEPTING FROM SAID EASEMENT AND RIGHT OF WAY, THAT PORTION THEREOF WHICH LIES WITHIN PARCEL 1 DESCRIBED ABOVE. APN: 208-040-12-00