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HomeMy WebLinkAboutMS 07-01; Scott, Thomas L & Jana L; 2010-0148672; Hold Harmless Agreement/ReleaseDOC# 2010-0148672 #. X RECORDING 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 MAR 25, 2010 3:34 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-060-06-00 PROJECT ID: MS 07-01 PROJECT NAME: Scott Minor Subdivision RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 456-6A) 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, l/(We) Thomas L. Scott and Jana L. Scott, 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 1 H:\Development Services\PROJECTS\MS FILES\MS 07\MS 07-01 Scott Tentative Parcel Map - Levy\Bonds and AgreementtHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(MS 07-01 ).doc 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this 3 day of ff br ^^r , 20 IP . OWNER(S) Thomas L. 3fc$tt and Jaha L. Scott, husband and wife, as jotenan '• """' (sign here) Thomas L. Scott, husband as joint tenant Date: By: (print name and title) r\ (sign here) Jana L. Scott, wife as joint tenant (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney (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.) H:\Development Services\PROJECTS\MS FILES\MS 07\MS 07-01 Scott Tentative Parcel Map - Levy\Bonds and AgreementtHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(MS 07-01 ).dOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On ^before me, Date personally appeared \S0paJT /Vpfcf y Here Infer! Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the vi/ithin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL - Signafure Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: £ / ?> I /&Number of Pages:•+ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. D Individual CJ Corporate Officer — Title(s): D Partner — D Limited D General n Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" THAT PORTION OF TRACT 123 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATS OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF HIGHLAND STREET AS SHOWN ON SAID MAP 1661 DISTANT THEREON NORTH 24° 33' WEST 268.99 FEET FROM THE INTERSECTION OF THE CENTER LINE OF HIGHLAND STREET AND BASSWOOD STREET AS SHOWN ON MAP OF THUM LANDS NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915; THENCE ALONG THE SAID CENTER LINE OF HIGHLAND STREET NORTH 24° 33' WEST A DISTANCE OF 133.49 FEET TO THE SOUTHWESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO GEORGE B. MILLER AND GRACE MILLER BY DEED RECORDED OCTOBER 13, 1927 IN BOOK 1393, AT PAGE 266 OF DEEDS; THENCE ALONG THE. SOUTHEASTERLY LINE OF SAID MILLER'S LAND NORTH 55° 27' EAST 251.88 FEET TO THE SOUTHEASTERLY CORNER THEREOF; THENCE SOUTH 34° 33' EAST, 109.34 FEET; THENCE SOUTH 50° 05' 20" WEST 277 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. APN: 205-060-06