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Home My WebLink AboutMS 05-14; Oliver, Guy and Lisa; 2022-0220830; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2022-0220830 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII May 24, 2022 09:32 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: 208-040-04 MS 05-14 Eucalyptus Estates Minor Subdivision HOLD HARMLESS AGREEMENT PANHANDLE LOTS In consideration of the City's approval letter of Tentative Parcel Map, MS 05-14 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, I/(We) Guy Oliver and Lisa Oliver, 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. Ill Ill Ill Ill Ill Ill Ill Ill 1 I\FILES01VIDepartmentslCED\LandDev\PROJECTSIMSIMS 05\MS 05-14 Eucalyptus Estates -Levy\Bonds and AgreementlHOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx Rev. 01/25/13 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 ~ day of ___ /4>.t<---J~'-------'--\.-___ _ 20 1-1- APPROVED AS TO FORM: CELIA BREWER City Attorney By ~QQ_J ~ RQNKEl\ltp Assistant CityAttorey PROPERTY OWNERS Guy Oliver and Lisa Oliver, husband and wife as community property with right of survivorship By: Guy Oliver, husband and wife as community property with right of survivorship (print name and title) Date: 4--1.-4 --:21.. By -~' {signere) Lisa Oliver, husband and wife as community property with right of survivorship (print name and title) Date: Y -lfZ 2- (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, 2 \\FILES01V\Departments\CEDILandDevlPROJECTSIMSIMS 05\MS 05-14 Eucalyptus Estates -Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx Rev. 01/25/13 CALI_FORNIA ACKNOWLEDGMENT CIViL 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 c'ertnrcate is ~!\ached, and not the truthlulness,_accuracy, or validity of that document, State of California } C<;>unty of s,tft\ /); ~~ iP On A,-·,/ JC, ,JoJJ-before me, J wli e /A,-//er,. N,-hv'i_ IJolc.. Qare ~ / Her~ lnsertf10me and TiJl,.e of the_ omf er persqnally appeared ~---+C.,::-+--'(.("--"<..fJ---"a"-..:..!....1'v~e,:C.r_:,,:;Ot,;ff::..:....::_,,d:..,____::L..::....:.r~S,..""==----=O......e...l .:....,'..!..v...::ec.:.r __ -__ _ Name(s) of Siqner{s/ who proved to me .on the basis. ·6"f satisfactory evidence to be ~rson(s) whosE) name(S~ ~crloed to the,v,;lt hln lhstriJmerit and acknpwledged to tne that ~xecuted the same In l,lsttrer authorized C!lpaclty(les), and that by hfsfher9 slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Place Notary Seal-and/of Stamp Above I certify under PENAL TY OF PERJURY unt;:ler the laws of the. State of Cal!fornla that the foregoing paragraph ts true ar\(l correct. OPTiONAL Completing this Information can deter·alteratlon of the document or fraudulent reattachment of this A,m tr;::J' ~ntended doaument '{ DescrlptlonofAttachedDoc'!rpe7t ,, . 1 (f ~ t)(j;"-_o__::r~-Oh ,,die.. Title ol TYPE! pf D_ocument! fh ~ ftlt rlH t5 S 7r't'~ 11'1 ._,, r II n a Document Date: 4 -:) e,-;)t) .:>F Number of Pages; ;)Of> Slgner(s) 0th.er Than Named Above: __ ___._f<=()-"r)__._~t"'-"';;;~,._,t()_~---------'--( Capaclty{)e!l) Claimed by Slgner(s) Slgner's.f'\lame: ---------=-,:::_ __ □ Corporate Officer -Tltle(s): ,_-""""------ q P!3rtner -o Limited . .n.eral □ Individual □ Attdtney In·Fact o Trustee □ Guardian o(Conservator I_J Qth .. ____________ _ Signer Is R11pres.imt1ng; ________ _ !02019 National Notary Association 4 Signer's.Name: -------::;;,,.L::.'------ □ Corporate Officer -Tltle(,;,ss,.· =------- □ Partner -□ Llmlte .. · i!rjl!ral □ Individual o Attorne:;, In Fact □ Guar<;tlan or conservator Q:\CED\LandDev\MASTERSIINTRANET MASTERSIBY DOCUMENT TYPE\Agreements\Non-Secured Agreements\ENCROACHMENT AGMT.doc 9/5/2014 Order Number: 2395129 (06) Page Number: 7 LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of California, described as follows: PARCEL 1 THAT PORTION OF LOT "I" OF THE RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID 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 2 OF SAID LOT, NORTH 2° 29' 40" WEST (RECORD NORTH 3° WEST) 21.84 FEET TO AN INTERSECTION WITH THE CENTER LINE OF THE 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 521, PAGE 230 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS INSTRUMENT 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 THE ROAD, NORTH 67° 10' WEST 897.21 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER LINE NORTH 64° 35' WEST 546.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 64° 35' WEST 155.00 FEET TO THE BEGINNING OF A TANGENT' 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE, 7.00 FEET THROUGH AN ANGLE OF 0'24' 04"; THENCE SOUTH 14° 56'40" WEST 344.93 FEET TO THE SOUTHERLY LINE OF THAT LAND DESCRIBED IN DEED TO LELAH MAISH JOHNSON, RECORDED DECEMBER 24, 1958 AS INSTRUMENT NO. 216749 IN BOOK 7413, PAGE 215 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 71' 20' EAST 100.00 FEET TO A LINE WHICH BEARS SOUTH 25° 25' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 25° 25' EAST 327.43 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM AN UNDIVIDED 1/3 INTEREST IN AND TO ALL OIL, GAS, SAND, CLAY, ROCK AND OTHER MINERAL RIGHTS, AS RESERVED BY W.S. KELLY AND LAVINIA J. KELLY AND THEIR SURVIVORS IN DEED RECORDED APRIL 6,1945 IN BOOK 1840, PAGE 498 OF OFFICIAL RECORDS. 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 THE GRANTOR'S AND OTHER, OVER, UNDER, ALONG, AND ACROSS A STRIP OF LAND 30.00 FEET WIDE IN LOT 'T' OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: 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 Arst American Title Order Number: 2395129 (06) Page Number: 8 CORNERS NO. 1 AND 2 OF SAID LOT, NORTH 2° 29'40" WEST (RECORD NORTH 3° 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 521, PAGE 230 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT OF INTERSECTION BEING ALONG THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN THE QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS INSTRUMENT NO. 9613 IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS: ALONG THE SAID CENTERLINE OF COUNTY ROAD, NORTH 67° 10' WEST 897.21 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER LINE OF THE COUNTY ROAD, NORTH 64° 35' WEST 701.22 FEET TO THE BEGINNING OF A TANGENT 1000.00 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 3° 18'40" EAST 355.96 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE SOUTH 71 ° 20' EAST 480.66 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE, 277.15 FEET THROUGH AN ANGLE OF 86° 46'; THENCE TANGENT TO SAID CURVE, NORTH 21 ° 54' EAST 148.31 FEET TO SAID CENTERLINE OF THE COUNTY ROAD, SAID 30.00 FOOT STRIP BEING IN A LINE WHICH BEARS SOUTH 3° 10'40" 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: 208-040-04-00 First American Title