HomeMy WebLinkAboutMS 05-10; Summit West Real Estate Inc; 2021-0612411; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2021-0612411
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Aug 27, 2021 04:52 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 208-040-12-00
PROJECT NO. MS 05-10
PROJECT NAME: Eucalyptus Lane (Chehade
Sub.)
HOLD HARMLESS AGREEMENT
PANHANDLE LOTS
In consideration of the City's approval of Minor Subdivision No. 05-10 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, owner(s) of the subdivided property, promise to hold the
City of Carlsbad, its officers, agents and employees, or any other public agency, harmless from
any liability for damage to the driveway or access portion of the panhandle lot when it is being
used in the performance of any public service or activity.
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O:ICEOll.andDeYIPROJECTSIMSIMS 05\MS 05-10 Eucalyp1us -RICI<, Lell)ll8on<ls end Agroeme~IIHOLD ~!ARMLESS AGREEMENT PANHANDLE LOTS.doexRev. 01125/13
This agreement is required as a condition of approval by the Carlsbad Municipal Code,
this agreement shall be binding on my(our) heirs and assigns or other successive owners of the
subject property and shall be noted on the final map.
IN WITNESS WHEREOF, the undersigned has executed this instrument this 1, \ day
PROPERTY OWNERS
Summit West Real Estate, Inc., a Calffomia Corporation
By: ---,~/4~-·~C"'-'=~,......:;...A_·_\ __ : --~ 1(sign here)
Guy Oliver, President
(print name and title)
Date: 1 I 1.,\-i,
By: -------------------(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By: w Ci !
RONKEMP~
Assistant City Attorney
(Proper notarial acknowledgment of execution by SUBDIVIDER 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.)
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Q:ICEDllll"<iD•WIPROJECTS\MS\MS 0SIMS 05-10 Evcal~ij• • Rick, levy\Bo!lda a!ld Agr<1em~IHOlD HARMLESS AGREEMENT PANHANDLE LOTS.00<:l<Rev. 01/25/13
CALIFORNIA ALL-PURPOS■ ACKNOWL■DGMINT CIVIL CODE§ 1189
A notary public or other officer completing this certiflcat,e verifies only the Identity of tll8 lndMclual wtlo signed the
document to which this certifieate Is attached, an(! not the truthfulness, accuracy, or validity of that document.
State of Callfomla
County of S~ ~ ! )
on ~2,:_~ l-b,_ me, V,,,WJ~ en~ ~m f;/tlK
personally appeared ---~6~u-',J'-----'C..~,._J lu\)r..::W~--------------f Name(s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the person~ whose name(~ 1s/l(,e
subscribed to the within Instrument and acknowledged to me that he/stet/ttwy executed the same in
hisltt\[~r authorized capacltyOfe), and that by hlslhtr/t~lr slgnature(s) on'tt,e Instrument the person(~,
or the entity upon behalf of which the person(~ acted, executed the Instrument.
t,i{,..~->..:. e :ot:,i~3~~i:,:a O f
San Oi~ County a
Commission II 2285679 -·
My Comm. Expires ~y 16. 2023
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
S\lnalun, 11 ·II..~ =t SigMtur&ofN; Public
--------------OPTIONAL--------------
Though this section Is optional, completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unfntended document.
Description of Attached Document
Title Of' Type of Document: ____________ Document Date: _______ _
Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _
Capacity(les) Clalrn•d by Signer(s)
Signer's Name: ___________ _
D COf'J)Orate Officer -Title(s): ______ _
0 Partner - D Limited O General
Signer's Name: ___________ _
0 Corporate Officer -Tltle(s); ______ _
D Partner -D Limited O General
D lndlvldual D Attomey In Fact
D Trustee D Guardian or Conservator
□ Individual D Attorney in Fact
O Trustee D Guardian or Conservator D Other: ____________ _ D Other: _____________ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _
~~i/1;, ...... ™'!,;,I;~~ ~
@2014 National Notary Association · www.NatlonalNotary.org • 1-800-US NOTARY (Hl00-87H827) Item #5907
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Q:ICEOIL.anciOt'v\PROJECTSIMSIMS 05\MS 05-10 Euca4yptu, • Rick, LevylBoods and Agrffm1W1tlHOLO HARMLESS AGREEMENT PANHANDLE LOTS.docxRIII. 01/25113
LEGAL DESCRIPTION . ' Real property In the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL 1:
PARCEL BPS SHOWN ON CERTIF1CATE OF COMPLIANCE AS EVIDENCED BY DOCUMENT RECORDED ON
JANUARY 21, 2005 AS INSTRUMENT NO. 05-54768 OF OFF1ClAL RECORDS, BEING MpRE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PO~TION OF LOT "I", OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DiEGO COUNTY, NOVEMBER 16,1896, ALSO ALL OF I NSTRUMENT
03·87984&, RECORDED JULY 23, 2003 OF OFFIOAL RECORDS OF SAID COUNTY AND A PORTION OF
INSTRUMENT 03·1154907, RECORDED SEPTEMBER 19, 2003 OF OFFICIAL RECORDS OF SAID COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENONG AT AN ANGLE POINT IN THE CENTERLINE OF COUNTY ROAD SURVEY NO. 682, AS
DESCRIBED IN EASEMENT FOR COUNTY HIGHWAY, RECORDED JUNE 12, 1936 JIN BOOK 521, PAGES
230 THRU 232 OF OFFI□AL 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
CENTERUNE 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 BEGINN1NG OF A TANGEt-,IT 18.00 FOOT RADIUS QJRVE CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID OJRVE, THROUGH A CENTRAL ANGLE OF
68°44'5811
1 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 OFACE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 5, 1999; THENCE ALONG SAID CENTERLINE,
SOUTH 70°47'14" EAST, 99.91 FEET TO THE WESTl:RLY LINE OF LAND DESCRIBED IN DEED TO
MICHAEL E. SHOOK AND JO ANN SHOOK RECORDED AUGUST 9, 1'977 AS INSTRUMENT NO. 77·322114
OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE, NORTH 15°32'04" EAST, 345.40 FEET
TO THE TRUE POINT OF '8EGINNING;
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TH.EPHONE LINES
AND APPURTENANCES THERETO, TO BE USED IN COMMON WITH THE 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 DiEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP
THEREOF N0."823, FILEE> IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, THE CENTER ~NE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO, 2 OF SAID LOT "I"; THENCE ALONG 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 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 THE
EASEMENT DEED TO THE COUNTY 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 THE
SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN THE QUITCLAIM DEED TO
HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS FILE NO. 9613, [N BOOK 3942, PAGE 34, OF
OFACIAL 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 cou~ ROAD, NORTl-1
64°3S'00"'WEST 701.22 FEET TO THE BEGINNING'OF A TANGENT 1000.00 FOOT RADIUS.CURVE,
CONCAVE SOLJrHERLY; 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 3S5.96 FEET TO THE TRUE
POINT OF BEGINNING OF THE HEREIN'DESCRIBED CENTER LINE; THENCE SOUTH 71°20'00" EAST .
480.66 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY;
THENCE EASTER.LY 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