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Home My WebLink AboutMS 05-10; Summit West Real Estate Inc; 2021-0612409; 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# 2021-0612409 111&1 ~11 lffll ~II !i IHI lffll l~I ~ii Iii !II lffll /1111111 Aug 27, 2021 04:52 PM OFFICIAL RECORDS Ernest J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES: SO.OD (SB2 Atkins: $0.00) PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 208-040-12-00 -----------PROJECT ID: MS 05-10 -----------PROJECT NAME: Eucalyptus Lane (Chehade Sub.) HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 512-SA) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Summit West Real Estate, Inc., a California Corporation, the owner(s) of said property, promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. 1 O.\CEOllandO.v\PROJECTSIMSWS 05\MS OS.10 Eucayptus • Rick. Levy\8ond$ and Ageemenl\HOLO HARMLESS AGREEMENT DRAINAGE.doc 01/2:1/13 It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. 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 2 0 ICEOll.andOev\PROJECTS\MS\MS 05\MS 05-10 Eucalyptus-Rick. le~, and Ac,Mment\HOLO HARMLESS AGREEMENT DRAINAGE.doc 01125113 IN WITNESS WH~E~EOF, the undersigned has executed this instrument this--~_\_ day of j.UL'f 20 2-\ _______ _._ _______ , ------· APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~W~~-~o~~~~~~---RON~MP~ Assistant City Attorney City of Carlsbad OWNER(S) Summit West Real Estate, Inc., a California Corporation 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, 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.) 3 O:\CEO\landOev\PROJECTS\MSIMS 05\MS 0S-10 Eucalyptus-Rick, Levy\Bonds and Ageem&nl\HOLO HARMLESS AGREEMENT DRAINAGE.doc 01/25113 CALFORNI.A ALL-PURPOSE ACKNOWL•DGMRNT CIVIL CODE§ 1188 A notary p.,bllc or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this cenlficate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof ~ ~ ) t / On ':1.1; 2/. ?o l:i before me, 'H· [(..J-4,<aKt...,, µa+&t1 ruJUz_ Date j Here Insert flame and r,ue 'f' ihe Off,cer pecsonally appeared __ ....:,6,...c....:u~\/:--<.J,1/iL..L..t ... J...:.H-1-_____________ _ ( Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose narne<\}__ls!Ate subscr1~ to the within lnstrunent and acknowtedgad to me that h6/s~~ executed the same. 19 hi~/ Ir authorized capacity(les), and that_bj his/h~ltl'flr signature(~ o?i lhe instrument the person('f, or the ent ty upon behalf of which the personlJ} acted, executed the inslrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. ........ , MK STUCKEY Notary PuDIIC • California San Dieto County ! WITNESS my hand and official seal. Commission~ 228S679 -My Comir.. Expires May 16, 2023 ~., .. ,,. 11/( JL, /:. ';;:J Signature of Nary Public Place Notary Seal Above ---------------oPTIONAL ______________ _ Though this section Is optlonsJ, completing th/$ Information can deter alteration of the document or fraudulent rNttachment of this form to an unlntend«1 document. Description oA Attached Document rrtle or Type of Document: ____________ Document Date: _______ _ Nu-nber of Pages: ___ Signer(s) Other Than Named Above: ____________ _ C~tty(t.$) Claimed by Signer(s) Signer's Name: ___________ _ D Corporate Officer -Titte(s): _____ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): _____ _ D Partner -D Limited D General D Partn« -D Limited □ General 0 Individual O Attorney In Fact D lndMdual O Attorney In Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~•·w·www~rnes.c:.ae~w4u.w~~ ()2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1·800-876-6827) Item #5907 4 O:ICEO\lando.v\PROJECTS\MSIMS 06\MS 06-10 Euca'ypM • Rick, levy\Bonds and AgeemenllHOlD HARMLESS AGREEMENT DRAINAGE.dot 01125113 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 DOCUMENT RECORDED ON JANUARY 21, 2005 AS INSTRUMENT NO. 05-54768 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . THAT PO~TION OF LOT "I", OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUN"TY REOORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, ALSO ALL OF INSTRUMENT 03-879846, RECORDED JULY 23, 2003 OF OFFJOAL RECORDS OF SAID COUNTY AND A PORTION OF INSTRUMENJ 03-1154907, RECORDED SEPTEMBER 19, 2003 OF OFFIOAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT !N THE CENTERLINE OF COUNTY ROAD SURVEY NO. 682, AS DESCRIBED IN EASEMENT FOR courm HIGHWAY, RECORDED JUNE 12, 1936 IN BOOK 521, PAGES 230 THRU 232 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE, 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 DISTANCE OF 152.14 FEET TO THE EASTERLY LINE 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, 50.80 FEET TO THE BEGINNING OF A TANGE~T 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 LINE 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 OFFlCE OF THE COUNlY RECORDER OF SAN DIEGO COUNTY, APRIL 5, 1999; THENCE ALONG SAID CENTERLINE, SOUTH 70°47'14" EAST, 99.91 FEET TO THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO MICHAELE. SHOOK AND JO ANN SHOOK RECORDED AUGUST 9, 1977 AS INSTRUMENT NO. 77-322114 OF 0FFIOAL RECORDS; THENCE ALONG SAID WESTERLY UNE, NORTH 15°32'04" EAST, 345.40 FEET TO THE TRUE POINT OF BEGlf'!NING; PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TB.EPHONE LINES AND APPURTENANCES THERETO, TO BE USED IN COMMON WITH TiiE GRANTOR'S 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 DiEG0, STATE OF CALIFORNIA, ACCORDING TO PARTIDON MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUN1Y, NOVEMBER 16, 1896, THE CENTER WNE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: . . BEGINNING AT CORNER NO. 2 OF SAID LOT"I"; THENCE ALONGTHE 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" WESf (RECORD NORIH 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 THE EASEMENT DEED TO THE COUNlY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 531, PAGE 230, OF OFFICrAL RECORDS OF SAID COUNTY, SAID POINT OF INTERSECTION'BEING ALSO THE SOUTHEASTERLY CORNER OF-THAT PARCEL OF LAND DESCRIBED IN THE QUITCLAIM DEED TO . HORACE H. KELLY, RE~ORDED 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, NOR1H 67°10'00" WEST 897.21 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER LINE OF COUf)ITY ROAD, NORTH 64°35'00" WEST 701.22 FEET TO THE BEGINNING OF A TANGENT 100_0.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE, 319.27 FEET THROUGH AN ANGLE OF 18°17'34"; THENCE LEAVING SAID CENTER LINE, SOUTH 03°18'40" EAST 355. 96 FEEf TO THE TRUE POINT OF BEGINNING OF THE HEREIN.DESCRIBED CENTER LINE; THENCE SOUTH 71°20'00" EAST , 480 .. 66 FEET TO 11-lE BEGINNING OF A TANGENT 150 .. 00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; n-tENCE EASTERLY ALONG SAID CURVE 227.15 FEET THROUGH AN ANGLE OF 86°46'00"; THENCE TANGENT TO SAID OJRVI:, 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 Wi·IICH BEARS SOUTH 03°18'40" EAST . n-tROUGH 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