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Home My WebLink AboutPD 2022-0001; Isbell, Scott and April; 2022-0324473; 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# 2022-03244 73 I llllll lllll lllll lllll llll llllll lllll 11111 11111 11111111111111111111111 Aug 10, 2022 03: 19 PM 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 ASSESSOR'S PARCEL NO.: -=21..;..;5-'"""3;:;_;9....;.0-....c3....;.5-....c0....;.0 ____ _ PROJECT ID: __;_P,;;;..O2=0:;;;:22=-.....;;0....;;.00.;;_1;__ ____ _ PROJECT NAME: -'-IS::;.:B::;.:E::::L:;;;:L:....:.R..:.:E::..;:S;;.;.;ID::;.:E=N....;;.C::;.:E=----- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 536-2A) 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) SCOTT ISBELL AND APRIL ISBE_LL, HUSBAND AND \NIFE AS COMMUNITY PROPERTY \NITH RIGHT OF SURVIVORSHIP, 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 '/J 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 IN WITNESS \NHEREOF, the undersigned has executed this instrument this t '2. ~ day of __ ::J:_v_L ___ Y ____ , 20)2-. APPROVED AS TO FORM: CELIA BREVVER City Attorney By ~M~ Assistant City Attorney City of Carlsbad OWNER(S) SCOTT ISBELL AND APRIL ISBELL, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP ¼d By: (sign here~ SCOTT ISBELL, OWNER (print name and title) Date: By: APRIL ISBELL, OWNER (print name and title) Date: 1\n-\ii (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.) CALIFORNIA 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 tJ., f1 l); ~ C) on J yt/'t I~, ~oJ) before me,.-.-1 Date Sc ... JI -,--~ I,// H:r:JlnsertANamea_ personally appeared ---=:....:=--=v~tf'....._ _ _:-1-~...! ~ .. :::.....::t)=._::....!.!.._~vv-=•~-.L..!'¥-L.J.__:___::....=~~~----- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ts10~crlbed 0 to the within Instrument and acknowledged t5?JRe that lffl7'ffl~ executed the same In hlsfhe~ authorized capaclty(les), and that by ntsttrer&li:'slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. lltNNNNNMNIHttMINHHIIUMINJNINIIINtMtlNMtlMIII&: JULIE MILLER I COMM. #2274343 tary Public -California Place Notary Seal and/or Stomp 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. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattach'p;.1::,:tts 'J,":-.t°., ~,..un~n1F--"f ;.d d,'::]~:~ :t' IJ p J) ,,;)) -OO t>/ Description of Attached Doc ent ::i, .li 7v :> .:> '-'V ~ l Title or Type of Document i>t J.f a...,,.,. less (:.~']e-n,I-~ I ,C«-1 liJ .. "l DocumentDate: __ _,_1-J~'-'4---+-4--h<P:Li.~d--=------- Capaclty(les) Claimed by Signer(s) Signer's Name: ___________ _ a Corporate Officer -Tltle(s): ___ ,_e::::_ __ a Partner -a Limited a Gener a Individual a rney In Fact a Trustee a Guardian or Conservator a Other: --,~'------------- Signer Is 0 2019 National Notary Association Signer's Name: ___ --,,.,,.,,,.,:::_ _____ _ a Corporate Officer - a Partner -a LI d D lndlvldual □ Trust (s): _____ _ a General a Attorney In Fact a Guardian or Conservator a O r: _____________ _ SI ner Is Representing: ________ _ For APN/Parcel ID(s): 215-390-35-00 EXHIBIT "A" Legal Description Lot 579 in the City of Carlsbad, County of San Diego, State of California, according to Map No, 7076, on file in the Office of the San Diego County Recorder, together with that portion of the Southerly one-half of Section 19, Township 12 South, Range 3 West, San Bernardino Meridian, as shown on Record of Survey 9112 on file in the Office of the of San Diego County Recorder, more particularly described as follows: Beginning at the Southwest corner of Lot 579 as shown on Map No 7076 on file in the Office of the San Diego County Recorder, County of San Diego, State of California; thence along the Westerly line thereof North 06° 07' 41" West (North 06° 07' 50" West per record) 152.26 feet to the Northwest comer of said Lot 579; thence North 83° 12' 05" East 60.99 feet; thence North 87° 42' 44" East 35.00 feet to the prolongation of the Easterly line of said Lot 579; thence along the prolongation of the Easterly line and the Easterly line of said Lot 579 South 03° 16' 59" West (South 03° 16' 50" West per record) 158.52 feet to the Southeast corner of said Lot 579 and the beginning of a non-tangent 428.00 foot radius curve concave Southerly, to which a radial line bears North 03° 16' 59" East (North 03° 16' 50" East per record); thence Westerly along the arc of said curve and the Southerly line of said Lot 579 through a centra! angle of 09° 24' 40" a distance of 70.30 feet to the point of beginning. Said description is pursuant to Parcel A of that certain Certificate of Compliance for Adjustment Plat recorded May 19,1997, as Instrument No. 1997-0230625. of Official Records.