HomeMy WebLinkAboutCDP 16-06; Baptie, Ken and Sandy; 2017-0336256; 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# 2017-0336256
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Jul 26, 2017 11 :10 AM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $27.00
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 210-033-09-00 ------------
"'""/ PROJECT ID: _C_D_P_1_6-_0_6 ______ _
~ PROJECT NAME: Baptie Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 496-3A) 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) Ken Baptie and
Sandy Baptie, Husband and Wife as Joint Tenants, 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
111FILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 16\CDP 16-06 Bapt,e Residence -Chua\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
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.
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IN WITNESS WHEREOF, the undersigned
~ day of ........ M____;;_A-=-~----' 20R,
has executed this instrument this
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By~Gif
Assistant City Attorney
City of Carlsbad
OWNER(S)
Ken Baptie and Sandy Baptie, Husband and Wife as
Joint Tenants .
By: ~here)~
Ken Baptie, Husband and Wife as Joint Tenants
(print name and title)
Sandy Baptie, Husband and Wife as Joint Tenants
(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\\FILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP 16\CDP 16-06 Bapt1e Residence -Chua\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
State of Washington
County of King
I certify that I know or have satisfactory evidence that Kenneth A. Baptie and Sandra R.
Baptie are the persons who appeared before me, and said person acknowledged that (he/she)
signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and
purposes mentioned in the instrument.
Date: May 8, 2017
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Notary Signature: ---//---------"'-------"'~=----i.L.......:"""'---t--------==-,,.""\b--"'----"c:--~
Notary Name: Patricia G. Fagan
My Appointment Expires: July 19, 2020
PATRICIA G. FAGAN
NOTARY PU8t.lC
STATE Of WASHINGTON
My Commission Expires July 18, 2020
EXHIBIT A
Legal Description
The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as
follows:
Lot 57 of Terramar Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof
No. 2696, filed in the office of the County Recorder of San Diego County, September 6, 1950.
APN: 210-033-09-00
!Exhibit A Created: 05/02/2016 CA0410-16006256-41