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Home My WebLink AboutMS 05-14; Oliver, Guy and Lisa; 2022-0220829; 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# 2022-0220829 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII May 24, 2022 09:32 AM OFFICIAL RECORDS Ernest J. Dronen burg, 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 RELATED PROJECT ID: _________ _ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading and improvement 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"), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(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 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 maintenance. 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. \\FILES01V\Oepartments\CED\Land0ev\PROJECTSIMSIMS 05\MS 05-14 Eucalyptus Estates -Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 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 /II Ill Ill Ill 2 IIFILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 05\MS 05-14 Eucalyptus Estates -Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this z_q day of _...L,.µ_~...........,___.__\...-_______ , 20 1-?- APPROVED AS TO FORM: CELIA BREWER City Attorney sd [lil,{ ~ V RON KEMP Assistant City Attorney OWNER(S) Guy Oliver and Lisa Oliver, husband and wife as community property with right of survivorship By ~Q-..:____ {ign here) Guy Oliver, husband and 1•♦..ife as community property with right of survivorship (print name and title) Date: By: (sign here) Lisa Oliver, husband and wife as community property with right of survivorship (print name and title) Date: (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 \\FILES01\/\Departments\CED\LandDev\PROJECTS\MS\MS 05\MS 05-14 Eucalyptus Estates -Levy\Bonds anij Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 CAL!FORNJ-" ACKNOWLE!)GMENT 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 certificate is attached, and not the truthfulness,.accuracy,_ or validity of that document. State of California } County of 5 tl. t".l D ,· e 10 Jr I . On Apr;/ ~!i :26.Jl before me, :J1.) ,'e ,n,/1~ Nt)+4/~ Puii I, L / J , , Hej 'I? Insert Name and T(tle of th . Officer personally appeare~. Cr y,~ () • ve,-CiM.c:::-( /.. ,·St>-01,'ve.r - Name(s) of Signer(s) who proved to me .on !he basis. '61-satlsfactory evidence to be ~rsort(s) WhosE1 name(S) ~s1Jbsctlbed to the,wJthlri lnstri.Jm.ent and ackti.ciwledqed to_l]l.e that hefshe · Xeci.Jted the same 1n· Rl6/l:le@i) authorized capaclty{les), and that by htS1mil'~s19nature(s)' on the Instrument the person(s), or the entity upon behalf of which the person(si a·cted, executed the Instrument. I 9ertlfy under PENAL TY OF PERJURY under !he laws of the State of California that the-foregolrJg paragraph ls true and correct. Place Notary Seo/ and/of Stamp Above ~--------------CiPTiONAL Completing /his Informal/on can deter·alteratlon of the document or fraudulent reattachment of this form~ an un/ntf!~ded documen,t / Description of Attached DocU/lJe'Jt./ . / C:J...-e() / ,t;; ,c.tt.J H.-f• 1.4,t e._ Title or Typ~ of D.9cumene rtl'lt,r .,,,.. t'S S ri t?m e-n DotumentDate: r · t5 ;) J_. Nt.Jmberof Pages: fP Capaclty(les) Claimed lly Slgner(s) Slgner's.~ame: ---::--'.-:-----=~- □ Corporate Officer. -Tltle(s): ---::::-=----- q Partner -□ Limited □ . ral D lndlvldui;il ·Attotney In Fact i;::i Trustee □ G.iiardian o{Conservator O 0th Signer Is Repres.entlng: ________ _ C>2O19 National Notary Association 4 Signer's.Name: ------~-=--- □ Corporate Officer -Tltle(s),.:0 .,,,.,_::::_ ____ _ □ Partner -□ Limited rieral D lrtdlvldual D Attorne~ In Fact tJ Guar<;lla~ cir CQnservator 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 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 COUNlY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNlY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 521, PAGE 230 OF OFFICIAL RECORDS OF SAID COUNlY, 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 COUNlY ROAD, NORTH 67° 10' WEST 897.21 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER LINE OF THE COUNlY 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 COUNlY 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 COUNlY 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 77tle