HomeMy WebLinkAboutPD 2021-0035; Roger M. Lane and Lisa N. Fyfe, Trustees of The Lane Fyfe Family Trust; 2025-0018107; 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# 2025-0018107
111111111111 lllll 111111111 11111111111 11111 1111111111 IIIII 1111111111111
Jan 23 , 2025 10:43 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atki ns: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-493-14-00
PROJECT ID: PD 2021-0035
PROJECT NAME: 7335 Bolero Street
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 533-4A) 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) Roger M. Lane and Lisa N. Fyfe, Trustees
of The Lane Fyfe Family Trust, 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 a~age
or taking referenced in this agreement. City shall not be responsible in any manner wh~ever 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
1
Q:ICEDIAdminlB&AIPROJECTS\PD 2021-0035; IMP2024-0012; GR2021-0033 -7335 Bolero Street T.C\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
01/25/13 -
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
Ill
Ill
Ill
Ill
Ill
2
Q:\CED\Admin\B&AIPROJECTSIPD 2021-0035; IMP2024-0012; GR2021-0033 -7335 Bolero Street T.CIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
01/25/13 -
IN WITNESS WHEREOF, the undersigned has executed this instrument this _12. __ day of
JANUAr:v( 202G.
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
Senio 'A stant City Attorney
City of Carlsbad
ROGER M. LANE AND LISA N. FYFE, Trustees of The Lane
Fyfe Family Trust
By: /vcL_
(sign here)
Roger M. Lane -Trustee
(print name and title)
Date:
By:
Lisa N. Fyfe -Trustee
(print name and title)
Date: ,,,,_\i.,::-
(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\PROJECTSIPD 2021-0035; IMP2024-0012; GR2021-0033 -7335 Bolero Street_T.CIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
01125113
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary publicorotherofficercompleting 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 5A-J l) ,''1{2
On s.J N-! j'2,, "f'-, '),oz_r-befo~••m•} <l~f~!x.~~1,L
personally appeared ------~~---"'---'-IF--1----'~'---•----'{N""--'---C ___________ _
I }J·· A Name{s) of Signer(s)
vi_~ N· Qa:
Date
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed
to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
ooooceoo
JON SCOTT (
Notary Public • California
San Die<so County !
Commission II 2407853 -
Y Comm. Expires Jul 4, 2026
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California th at the foregoing
paragraph Is true and orrect.
WITNESS my hand an official seal.
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
rlptlon of Attached Document
Title or
Capaclty(les) Clal
Signer's Name: ------~-7"'-----
□ Corporate Office
e: ------------
Officer -Tltle(s): ______ _
□ Partner -□ Lim Limited □ General
□ Individual □ Attorney In Fact
□ Guardian or Conservator
epresentlng: ________ _
9 National Notary Association
4
Q:ICEO\Admin\B&AIPROJECTSIPD 2021-0035; IMP2024-0012; GR2021-0033 -7335 Bolero Street T.C\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
01/25/13 -
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of carlsbad, County of San Diego, State of california, described as follows:
LOT 39 OF CARLSBAD TRACT NO. 75-4 (LA COSTA ESTATES NORTH), IN THE cm OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 5, 1976.
EXCEPTING THEREFROM l/16TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS CONTAINED
IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4
WEST, AS RESERVED BY THE STATE OF CALIFORNIA, IN PATENT RECORDED APRIL 22, 1954 IN BOOK
5212, PAGE 490 OF OFFICIAL RECORDS, THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS
RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE, WAS RELEASED AND
WAS QUITCLAIMED BY THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY, RECORDED JUNE
30, 1971 AS INSTRUMENT NO. 71-141047 OF OFFICIAL RECORDS.
ALSO EXCEPTING ONE-HALF INTEREST IN OIL AND MINERAL RIGHTS FOR A PERIOD OF 20 YEARS
FROM DATE OF RECOMMENDATION TO BE CONTINUED IF OIL OR MINERALS SHALL BE DEVELOPED
WITHIN 5 MILES OF THE PROPERTY, OTHERWISE TO REVERT TO THE LAND.
RIGHTS OF EXPLORATION SHALL NOT BE INCLUDED, HOWEVER, SLANT DRILLING MAY BE MADE FROM
AN ADJOINING PROPERTY, PROVIDED THAT THIS DRILLING BE AT LEAST 100 FEET IN DEPTH,
MEASURED ANYWHERE ON THE ABOVE DESCRIBED, IN LOTS 3 AND 4 -WEST HALF OF THE
SOUTHWEST QUARTER -SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, AND THE EAST HALF OF
THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, AS RESERVED BY GERMAIN M.
GRAEF, HORACE L. GRAEF AND ROBERT W. GRAEF IN DEED RECORDED JUNE 27, 1960 UNDER
RECORDER'S INSTRUMENT NO. 129955 OF OFFICIAL RECORDS.
APN: 215-493-14-00