HomeMy WebLinkAboutPD 2020-0050; Easton, Robert and Mary; 2021-0612418; 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# 2021-0612418
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Aug 27, 2021 04:52 PM
OFFICI AL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY R~CORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: _2=5.;;.5'"'"'-1.;;.5=2-.;;.0~3 _____ _
PROJECT ID : PD2020-0050
PROJECT NAME: Colinas De Oro Slope Repair
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (OWG 528-3A) 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, I/We Robert P. Easton
and Mary P. Easton, Husband and Wife as Joint Tenants, the owner(s) of said property,
promise to indemnify and to hold the City of Carlsbad, its off1icers, agents and em ployees
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 this agreement shall be binding on all heirs, successors or assigns
having a111 interest in all or any part of the property described herein.
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IN w~~ WHEREOF, the undersigned has executed this instrument this / 7
) ( / , 20~.
day of
'b '
APPROVED AS TO FORM
CELIA BREWER
City Attorney
By:
Assistant City Attorney
City of Carlsbad
OWNER($)
Robert P. Easton and Mary P. Easton, Husband and
Wife as Joint Tenants
By?_ () ~<A tv
sign here)
Robert P. Easton, Husband as Joint Tenant
(print name and title)
Date: 7 -I~ ---Z. (
By:~
Mary P. Easton, Wife as Joint Tenant
(print name and title)
Date: 1 ,.. f7c .. Z-(
(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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FAILURE-owne,s,doc 01/25113
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
-------~--:~~~......,-1,./■■■■■■■■-,
A noto~ ;u~~c ~r~th·~;~;;;;;~~;~~;i~~;~~~~~rt~;~t~·.:e;;,;~;~;I~ U;~·~;;;t~y~l-;he .. ln;viclual who signed thodocumenl l
to whkh this cortificatc is aliochcd, and not tho tru1hlulncss, accuracy, or v;iJld1ty of that document.
who proved to mo on the basis of satisfactory ovldoncc to bo tho porson(s) whoso name(s) ls/arc subscrlbcxJ
to tho within Instrument end acknowledged to me th.it he/sho/t11ey cxec11ted lhe same In his/her/their
ol1thorlzed copoclty{les), ond th.it by hls/l1er/thclr slgnature(s) on the Instrument the person(s), or the enllly
upon behalf or which me porson(s) acted, oxocuted the Instrument.
Place-Notory Seo/ and/or Stomp Above
I certify under PENAL TY OF PERJURY under tho
lows of the St11to of Colllornla thot tho forogo1ng
paragraph Is true and correct.
WITNESS my hand ond official seal.
Signature _<.,.__,_}""'~ ............ ""'"' ............ -'--'...__...,_ _____ _
Signature of Notary Public
OPTIONAL
Completing tNs lnformotion con doter altcrotlon of thO document or
fraudulent reotwchment of this form to an unlnte,,ded document.
Oucrlptlon or Attached Document h I j
Title or Type of Document:----'-' v"-'b~
DocumentDAte: ..
ht\rm~ --~eo~.,__~=-----
Numbc,of Pages: .•
Slgner(s) Other Thon Named Above: ______________________ _
Capac:lty(les) Claimed
Signer's Name: --.,,...--....,.._..-----=,,.--
□ Corporato Officer -
o Portner -a Llmltl.'d
□ Individual
o Trustoo tor
□ Other: _____________ _
Signer Is Representing: ________ _
Signer's Nnme: ___________ _
D Corporate Offlcor -Tltle(s): ______ _
o Portner -□ Limited o Geneml
□ Individual □ Attornoy In Foct
□ Trustee □ Gunrdion or ConseNntor
o Othet:
Signer Is Representing: ________ _
~818e8CJ llC,C~ ~••••ooet a e e • ..,,..Ille l!IS
C•2019 NntloMI Notnry Assoclotlon
4
O:ICEO\landDev\PROJECTS\PDIPO 2020\PD2020-0050 Colonas De Oro• McLaughhn18&A17927 Calle San FelipelHOLD HARMLESS AGREEMENT GEOLOGICAL
FAJLURE-owner•.doc 01/26113
EXHIBIT A
LOT 8 OF CARILSBAD TRACT NO. 81-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP TH EREOF NO. 10898, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 10, 1984.