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Home My WebLink AboutMS 05-14; Oliver, Guy and Lisa; 2022-0220831; 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# 2022-0220831 111111111111 lllll 111111111111111 1111111111111111111111111 11111 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: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 208-040-04 ------------PROJECT ID: MS 05-14 ------------PROJECT NAME: Eucalyptus Estates Minor Subdivision HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan as shown on MS 05-14/CDP 05-34/SUP 05-08, for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Guy Oliver and Lisa Oliver, 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 IIFILES01V\OepartmenlslCEDILand0evlPROJECTSIMSIMS 05\MS 05-14 Eucalyptus Estates -Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 IIFILES01V\DepartmentslCED1LandDevlPROJECTSIMSIMS 05\MS 05-14 Eucalyptus Estates -Levy\Bonds and AgreementlHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this zq APPROVED AS TO FORM: CELIA BREWER City Attorney By: --~1-"-~----"'K"---'EMP..,..._+-><a .___r:-- Assistant City Attorney OWNER(S) 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-iq r-1:Z By: (Sign Here) Lisa Oliver, husband and wife as community property with right of survivorship (Print Name and Title) Date: <-f -1-°J ,... Z.. '"L (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 I\FILES01V\Departments\CED\LandDev\PROJECTSIMS\MS 05\MS 05-14 Eucalyptus Estates -Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 CALIFORNIA. ACKNOWLEDGMEN.T CIViL CODE ij 1189 A notary publicorotherofficer completing this certificate verifies only the identityofthe individual who signed the document to which this Certificate is ~ttached, and not the truthfulness,_accuracy,_ or validity of that document: who proved to me .on the basl!; "ol satisfactory evidence to be t~wrson(s) Whose name(S)~ sl,lbscrltied 16 the.within lhstrUm.ertt and ac~riowledged to rne that ~e~execi.Jted the same In h\sfhe~ authorized capaclty(les), and that by. htsther~l9nature(s) on the Instrument the person(s), or the entity upon behalf of which the persdn(si aded, executed the Instrument. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUUOUIUINHHIIIIIIIIIIIIIIIIIJ: JULIE MILLER I COMM. #2274343 &ary Public · Callfomia 11,aoll Place Notary-Seal and/o; Stamp Above I \:erflfy under PENALTY OF PERJURY un9er !he laws of the State of California that the foregoing paragraph ts true arto correct. OPTiONAL Completing this Information can deter·a/terat/on of tbe document or fraudulent reattachment of this form to an unintended document Description of Attached Dow mr.•nf ~ . Title orTyp~ of D_ocu_Q'1ent: f!IJ o( ~yi>-, k~'°:. A-ye<!' />1t11-r f>ra, ,-. '<-~ e. DocumentDate: /+pr ;/ J . ;). () :)..;,.._ NumberofPages;___:>::..._ __ Slgner(s) 0th.er Than N;meq 4bove: 7 V( 0 Y'\ K e-v-t f> . Capaclty(les) c1a·1med by ·s1gner(s) Slgner'.s.t~ame: ___________ _ Signet's Name: ___________ _ o Corporate Officer -Tltle(s): --== q P!lrfner -o Limited □yj:n_ersr-=----- o lndlvlduel Attdtney in-Fact o Corporate Officer -Tltle(s): ·-==--"'-:::::::... __ _ o Partner -o Lim lted o al o Individual Attornei In Fact p Trustee □ Giiardian o_r"Conservator b Guar\ilan or Conservator ao Signer Is Repres.entlng: ________ _ e 2019 National Notary Association 4 Q:\CED\LandDev\MASTERSIINTRANET MASTERS\BY 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 LOTT 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 First 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 Rrst American Title