HomeMy WebLinkAboutPD 16-15; Harris, Jeffrey and Cheri; 2016-0692139; 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# 2016-0692139
I IIIII I IIIII IIIII 111111111 111111 111111111111111 IIIII IIIII 111111111 1111
Dec 16, 2016 03:46 PM
OFFICIAL RECORDS
Ernest cl. Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $0.00
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-250-09-00 ;:;_~ PROJECT ID: _P_D_1-6--15-/""""~l)'-.El/---2-0I_It' __ -C£$--&
~ PROJECTNAME: __ H_a_rr_is_R_e_§_id_e_n_c_e ________ _
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 494-?A) 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) Jeffrey Harris and
Cheri Harris, 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
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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,
_4/...,...3?~ day of ~/
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By•nBP~ RON KEMP
Assistant City Attorney
City of Carlsbad
the undersigned
, 20jf&
has executed this instrument this
OWNER(S)
Jeffrey Harris and Cheri Harris, individuals
By ¥-.
(sign here)
Jeffrey Harris, an Individual
(print name and title)
Date:
By:
(sign h e)
Cheri Harris, an Individual
(print name and title)
;o / /'3/~o/b Date: r J
(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.)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 5'9 11 Y ; e itY )
I l 1 11 ;Vo+rrr h/:c On -~1 o~· -L-~1 'b~A.2._,v~l v.b-before me. -"'-~--L--'--""~~~_L___L__ ___ -->J-___1_ __
Date 1 Here In rt Name and Title of the Officer
personally appeared --=-).-~\c..::ec.:__:r~Y:_'_, ~'>___], _ _l.!V~h~e'-'J'!__:;L___r:A~t,wh"-=+Pl-1.\ _r_Y\.\--_~tnt..~.f ______ _
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 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.
Place Notary Seal Above
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.
Signature ___ \(-=::__l_:__~_:· :_::_~t~\~-----
Signature of Notary Public
----------------------------oPTIONAL-----------------------------
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ____________ _ Document Date:
Number of Pages: ____ Signer(s) Other Than Named Above:
Capacity(ies} Claimed by Signer(s)
Signer's Name: ____________ _ Signer's Name:
0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator
0 Other: 0 Other: _________________ _
Signer Is Representing: _________ _ Signer Is Representing: _________ _
@2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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For APNIPifCel IO{s): 216-250-GS-00
EXHIBIT "A"
Legal O&scrlption
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STAiE OF CAUFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
lOT 57 OF LA COSTA MEADOWS UNrf NO. 1, IN THE COUNTY' OF SAN DIEGO, STATE OF
CALIFORNIA. ACCORDING TO MAP THEREOF NO. 6800, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY ON DECEMBER 9, 1970.
PARCEL2:
A NONEXCLUSIVE MAINTENANCE, VEHICULAR AND PEDESTRIAN ACCESS EASEMENT AS SET
FORTH BY DOCUMENT RECORDED MARCH 28, 2005, AS INSTRUMENT NO. 2005-0248614,
OFFICIAL RECORDS.
rder: QuickV!eW_ Doc: SD:2016 00138764N06073 Page 6 of 6 Created By: luistobias Printed: 3/31/2016 2:30:36 P PST