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HomeMy WebLinkAboutCDP 2017-0009; Debra Ann Schiff Family Trust; 2018-0334752; Hold Harmless Agreement/Release' . 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 DOC# 2018-0334752 11111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Aug 15, 2018 10:57 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE A~OR'S PARCEL NO.: 203-023-16-00 .!?9 PROJECT ID: _C_D_P_2_01_7_-0_0_09 ____ _ PROJECT NAME: Schiff Residence ------------ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 509-SA) 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, I/(We) Debra Ann Schiff, Trustee of the Debra Ann Schiff Family Trust dated 9/19/2003, 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 Q \CED\LandDev\PROJECTSICDPICDP20171CDP2017-0009& 10 SCHIFF RESIDENCE -CHUAIB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 0112s113 'J 0 I 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. 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\LandDev\PROJECTSICDPICDP2017\CDP2017-0009&10 SCHIFF RESIDENCE -CHUAIB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 .... IN WITNESS WHEREOF, the undersigned has executed this instrument this (~tl-v day of--~-------' 20....1.._. APPROVED AS TO FORM: CELIA BREWER City Attorney By:~-±-c.,.""""'-~~-----....:::....-+-::.~/' RON KEMP Assistant City Attorne City of Carlsbad OWNER(S) Debra Ann Schiff, Trustee of the Debra Ann Schiff Family Trust dated 9/19/2003 Debra Ann Schiff, Trustee (print name and title) Date: By: (sign here) (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 Q ICED\LandDev\PROJECTSICDPICDP2017\CDP2017-0009&10 SCHIFF RESIDENCE -CHUAIB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 Calif~nia ';-...,_ County of ~""' V \ <2'g U On C8:/00f 2-Pl6 before me, TuvVlO"l A. '2-oSu-\-r01"), \.)ow~ 9J:::.\ic.. Date Here Insert f:J_ij..me and Title of the Officer personally appeared __ J)_I-J------"e__.,,~\;,_n;;.. __ ~~-V\_n __ ~_v_h_\~_.\_' __________ _ 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. I ft ft ft ft ft ft ft ft ft ft ft •1 .. DAMON A. ROBERTSON : fl·.· Notary Public -Californi• : ~ San Diego County ~ Commission# 2178195 - My Comm. Expires Jan 1, 2021 Place Notary Seal Above I certify under PENAL TY 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 =:I)~~ 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: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual DTrustee D Attorney in Fact D Guardian or Conservator D Other: _______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q ICEDILandDevlPROJECTSICDPICDP20171CDP2017-0009&10 SCHIFF RESIDENCE -CHUAIB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 .. zy ~uton-. A · LEGAL DESCRIPTION Order Number: 0623-5366782 Page Number: 5 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL OF LOT THIRlY TWO (32) AND LOT THIRlY ONE (31) IN GRANVILLE PARK, IN THE cm OF CARLSBAD, IN THE COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1782 ALED IN THE OFFICE OF THE COUNlY RECORDER OF SAID SAN DIEGO COUNlY, FEBRUARY 21, 1924. EXCEPTING FROM SAID LOT 32 THE MOST WESTERLY 25 THEREOF, AS CONVEYED IN DEED FROM ALFRED G. BLAIR AND SUSIE A. BLAIR TO ALICE M. GIBBINGS, EMMA J. GIBBINGS AND BESSIE H. GIBBINGS, BY DEED DATED AUGUST 6, 1924 AND RECORDED IN BOOK 1005, PAGE 448 OF DEEDS, RECORDS OF SAN DIEGO COUNlY. ALSO EXCEPTING FROM LOT 31 THE NORTHEASTERLY 10 FEET. APN: 203-023-16-00 First American Title Page 5 of 14