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Home My WebLink AboutCT 16-07; KB Marja Acres 248 LLC; 2022-0440863; 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# 2022-0440863 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Nov 17, 2022 12:41 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-101-35-00, 207-101-37-00 PROJECT ID: CT 16-07 -----------PROJECT NAME: _M_a .... rja_A_cr_e_s ______ _ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 529-9B) 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) KB Marja Acres 248, LLC., 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. 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 Q:ICED\Admin\B&AIPROJECTSICT 16-07-Marja Acres 01125113 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 Ill Ill Ill Ill Ill Q:ICED\Admin\B&A\PROJECTSICT 16-07-Marja Acres 2 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ;iltf5l'h day of 0Cil1>vJ.tr , 20~:>.. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By W.p-Of= Senior Assistant City Attorney City of Carlsbad OWNER(S) KB Marja Acres 248 LLC, a Delaware limited liability company By: By: KB Home Marja Development LLC, a Delaware limited liability company Its Managing Member .. (sign here) Jesse Kleist, Vice President, Forward Planning (print name and title) Date: ✓P~ By: (sign here) (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 Q:\CED\Admin\B&A\PROJECTSICT 16-07-Marja Acres 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 ,n1uuuu111uu•n••n•••••••• .. •••••••••••••nnn:unnsunnnn••••••• uuxanx•xnxa; 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 S6,...o D,c:_1u On JU Z..S~202L ... Date before me, ~,:.:;:~!;.,SJ,;,~S¾;~}:r;h~~~W~ fvbhl personally appeared J6£ ~l-ctJ _______ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(#) whose name(!/) ls/a,iae, subscribed to the within Instrument and acknowledged to me that he/sl:ll?itt-ley executed the same In hls/~ithetr authorized capaclty(lesr, and that by hls/her-ithelf signature(?) on the Instrument the personlt), or the entity upon behalf of which the person(1J acted, executed the instrument. eeeeeeeeeee ♦l Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the St1te of Callfornin thnt the foregoing paragraph Is true and correct. WITNESS my hand and official sen!. Signature .Uadv. 1rt liid;L Signature of Notary Ptlblic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to cm unintended document. Description of Attached Docl{m,ent Title or Type of Document: _l:3~~<>~\ ... i,\'-'--_\--:\._,,...,Ct,,~r~=~~l:t~~=· =~--~C .... -. ...... ebo'-"\~ct;"-'4-~JC~c,,,~\-~,_,,'-',__,,'-'' \~,~>,.4~-- Document Date:__________ _ Number of Pages: Slgner(s) Other Than Named Above: Capaclty{les) Claimed by Signer(s) Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited o General D Individual D Attorney in Fact □ Trustee □ Guardian or Conservator o Other: Signer Is Representing: (i2019 National Notary Association 4 Q:\CED\Admin\B&A\PROJECTS\CT 16-07-Marja Acres 01/25/13 Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General D Individual □ Trustee D Other: Signer is Representing: o Attorney in Fact □ Guardian or Conservator PRELIMINARY REPORT YOUR REFERENCE: Marja Acres EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00168584-996-SD1-RT4 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338926 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL "B"; THENCE SOUTH 01°58'54" WEST 315.79 FEET; THENCE SOUTH 64°58'15" WEST 1291.66 FEET; THENCE NORTH 76° 18'48" WEST 361.82 FEET; THENCE NORTH 18°32'12" EAST 525.56 FEET; THENCE NORTH 83°17'35" EAST 654.12 FEET; THENCE NORTH 87°30'41" EAST 333.00 FEET; THENCE NORTH 77°50'00" EAST 275.01 FEET; THENCE NORTH 01°58'54" EAST 124.51 FEET; THENCE NORTH 87°27'37" EAST 110.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "B". APN: 207-101-35-00 PARCEL 2: PARCEL "A" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS; PARCEL "A" CONSISTS OF PARCEL 1 OF PARCEL MAP NO. 3451 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1975 AS FILE NO. 75-023997 OFFICIAL RECORDS AND A PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF LOTS I AND E OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1986, LYING WITHIN EL CAMINO REAL (COUNTY ROAD SURVEY NO. 682) AS VACATED AND ABANDONED BY RESOLUTION RECORDED DECEMBER 21, 1976 AS FILE NO. 76-428052 OFFICIAL RECORDS; PARCEL "A" IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 1, NORTH 18°32'12" EAST, 11.32 FEET TO A POINT ON THE ARC OF A NON-TANGENT 1673.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 26°43'20" WEST, SAID CURVE BEING SOUTHERLY AND CONCENTRIC WITH THE CENTERLINE OF ROAD SURVEY 1800-1, ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°59'39" AN ARC DISTANCE OF 671.41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, A RADIAL LINE TO SAID POINT BEARS NORTH 3°43'41" EAST; THENCE NON-TANGENT TO SAID CURVE AND CONTINUING ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 87°27'37" EAST, 205.36 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 87°27'37" EAST, 263.56 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 01°58'54" WEST, 124.51 FEET; THENCE SOUTH 77°50'00" WEST, 257.37 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 77°50'00" WEST, 17.64 FEET; THENCE SOUTH 87°27'37" WEST, 333.00 FEET; THENCE SOUTH 83°17'35" WEST, 654.12 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID Cl TA Preliminary Report Form -Modified (11/17/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: Marja Acres EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00168584-996-SD1-RT4 POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 18°32'12" EAST, 440.00 FEET TO THE POINT OF BEGINNING. APN: 207-101-37-00 CLTA Preliminary Report Form -Modified (11/17/06) Page4