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HomeMy WebLinkAboutMS 08-04; Palenscar, Thomas Y and James R and Bonnie; 2012-0067207; Hold Harmless Agreement/ReleaseDOCtt 2012-0067207 iiiniiiiiiiiiiiiiiiiiiiiiiiiiiiii RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY FEB 06, 2012 11:29 AM OF CARLSBAD WHEN RECORDED MAIL TO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk PAGES: 6 CITY OF CARLSBAD 1 llllll lllll lllll mil mil lllll lllll lllll lllll lllll lllll mil mu iiiii iiiii mi iiii 1200 Carlsbad Village Dr. liiiiiliiiiiiiiiiii^ Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 205-220-63-00 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME MS 08-04 Palenscar Minor Subdivision RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 471-4A) for development to occur on property more particularly described in Exhibit A, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Thomas Y. Palenscar and James R. Palenscar as Successor Trustees of the Palenscar Family Trust under Declaration of Trust dated August 7, 1989, as to a All of Parcel 1 and an undivided 75% interest in Parcel 2; And Vest In Thomas Yates Palenscar and Bonnie Sue Palenscar, as Trustees of the Thomas and Bonnie Palenscar Family Trust dated November 13, 2008, as to an undivided 25% interest in Parcel 2, the owner(s) of said property promise to indemnify and to hold the City of Carisbad, 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 1 Q:\CED\LandDev\PROJEGTS\MS\MS 08\MS 08-04 Palenscar Minor Subdivision - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG471-4A).doc 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 the City Engineer determines may fail and cause damage to public improvements. It is further /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJEGTS\MS\MS 08\MS 08-04 Palenscar Minor Subdivision - LevyVB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG471-4A).doc 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 4^ day of 20ii APPROVED AS TO FORM: RONALD R. BALL City Attorney By: .MAQ^ Deputy City Attorney \ OWNER(S) Thomas Y. Palenscar and James R. Palenscar as Successor Trustees of the Palenscar Familv Trust Declaration of Trust dated August 7, 1989, as to a Parcel 1 and an undivided 75% interest in Parcel 2; And Vest In Thomas Yates Palenscar and Bonnie Sue Palenscar, as Trustees of the Thomas and Bonnie Palenscar Family Trust dated November 13, 2008, as to an Undivided 25% interest in Parcel 2. By: (sign here) Thomas Y. Palenscar, Trustee Date: (print name and title) n/(^//f (sign here) James R. Palenscar, Trustee (print name and title) Date: /l^/fpI By: Pa (sign here) Bonnie Palenscar, Trustee <^ ^ ^^^^ "^^AA^ Date: (print name and title) (Proper notarial acknowledgment of execution by owner(s) must be attached) Q:\CED\LandDev\PROJECTS\MS\MS 08\MS 08-04 Palenscar Minor Subdivision - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGiCAL FAILURE (DWG471-4A).doc (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.) 4 Q:\GED\LandDev\PROJEGTS\MS\MS 08\MS 08-04 Palenscar Minor Subdivision - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG471-4A).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of SAA P/iTf^t) } County OnJ2llIl.l2ilL- before me, Q^/^A^Ji ^ (DA/H)/^ A/lTAfty P^/iU ^ . ' Date Here insert Name and Title of the Officer ' personally appeared H'J^ilPM V/ ^/^l^^J^C/fn^. ^M^ei (2^ fAU^JCrAd^ ~~ J Naj^(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 within 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. iM i OFFICIALSEAL DENNIS J. DAYTON NOTARY PUBLIC-CALIFORNIAS COMM. NO. 1794702 ^ SAN DISQO COUNTY • MV COMM. IXPTMAR. 90.2012 { 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 Place Notary Seal Above Signature OPTIONAL - 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 oiDocurn^nt-.J^II/P £eoL(l6fC/fl I^AjiMt^ Document Date: Number of Pages: Signer(s) Other Than Named Above: /[/jA^^-^ Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: • RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Ctiatsworfti, CA 91313-2402• www.NationalNotary.org item #5907 Reorder: Call Toll-Fijee 1-800-676-6827 Q:\CED\LandDev\PROJECTS\MS\MS 08\MS 08-04 Palenscar Minor Subdivision - Levy\B & A\H0LD HARMLESS AGREEMENT GEOLOGiCAL FAILURE (DWG471-4A).doc EXHIBIT A Order No.: 930021495-U50 LEGAL DESCRIPTION PARCEL 1:205-220-62 THAT PORTION OF TRACT 246 OF THUM LANDS, ACCORDING TO THE MAP THEREOF NO. 1681. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF HIGHLAND STREET AND DISTANT THEREON NORTH 28°39' WEST 150.5 FEET FROM ITS INTERSECTION WITH THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID TRACT 246; THENCE NORTH 61°21' EAST 412.8 FEET TO A POINT; THENCE NORTH 28°39' WEST 150.5 FEET TO A POINT; THENCE SOUTH 61°21' WEST 412.8 FEET TO A POINT ON SAID CENTER LINE OF HIGHLAND STREET; THENCE ALONG SAID LAST MENTIONED LINE SOUTH 28°39' EAST 150.5 FEET TO THE POINT OF BEGINNING. PARCEL 2: 205-220-63 ALL THAT PORTION OF TRACT 246 OF THUM LANDS, ACCORDING TO THE MAP THEREOF NO. 1681. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE RIGHT OF INTERSECTION OF THE CENTER LINE OF HIGHLAND STREET WITH THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID TRACT 246; THENCE ALONG SAID SOUTHEASTERLY LINE AND THE SOUTHWESTERLY PROLONGATION THEREOF, NORTH 61°21' EAST 412.8 FEET TO A POINT; THENCE NORTH 28°39' WEST 150.5 FEET TO A POINT; THENCE SOUTH 61°21' WEST 412.8 FEET TO A POINT ON SAID CENTER LINE OF HIGHLAND STREET; THENCE ALONG SAID LAST MENTIONED LINE SOUTH 28°39' EAST 150.5 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Pages