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HomeMy WebLinkAboutCD 2019-0016; St. Elizabeth Seton Catholic Church; 2023-0025056; 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# 2023-0025056 I 1111111111111111 111111111111111 11111111111111111111111111111111111111 Jan 31, 2023 11 :24 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0 00 (S82 Atkins: $0.00) PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: ....c2;;_1...c..5-....c3...c..3.;:_0-...c..0.;:_01.;._:0 _____ _ PROJECT ID: CD 2019-0016 PROJECT NAME: St. Elizabeth Seton New Rectory HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 467-1 B) 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) St. Elizabeth Seton Catholic Church, a California corporation, 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 1 Q:\CED\Admin\B&AIPROJECTSICD 2019-0016; GR2021-0008-St. Elizabeth Seton New Rectory\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01125/13 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 /II Ill Ill Ill Ill Ill 2 Q:ICED\Admln\B&A\PROJECTS\CD 2019-0016; GR2021-0008· St. Elizabeth Seton New Rectory\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc0l/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this / .311.. day of D t,U,L'\\,b t.r , 20 >-~ APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: a+ Senior Assistant City Attorney City of Carlsbad OWNER(S) St. Elizabeth Seton Catholic Church, a California corporation By: Date: By: Date: (sign here) Michael Robinson-Chairman (print name and title) / 2. -,., -2-() z_ -z_ / (sign here) Jeffery Nelson-Corporate Secretary (print name and title) /-t. ·I'-/ -2,.oZ..t.- (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\Admin\8&AIPROJECTSICD 2019-0016; GR2021-0008-St. Elizabeth Seton New Rectory\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01/25113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 CALIFORNIA, ACKNOWLEli>C,.M&NT ,CIVIL CODE § 1189 A notary·pubJIC'o_r<?therofflcercompkltlng this certificate verlflllsonlythe Identity of the Individual who signed the document to which this certlfltate Is attached, and n.oMhe truthf.ulness·, accuracy, orvalldlty of that document. State of California , } County of s~""-a, e.Jb On /J e..~ ,tr I ', ),O 'L-1-betore me, l.v ~ I I .' AAM M · )JI) I {,t,I,(_ 1 11htu f I)~, ,'c.-- Date • Here Insert Name and· Title. of the Officer personally appeared /vtrt-,1,w..e,./ l<-1Jb1'1f\,~~ 'r\ Name(s) of Slgner(s) who proved to me on the. basis.of satisfactory evidence to be the person(s) whose. name(ct ls.lal:e subscribed to the within Instrument and acknowjedg_ed to me that he/s~executed th~ san,e In hls~r authorized capaclty(lee), and th.at by hl~,slgnaM~n the Instrument the perso~. or the entity upon behalf of which the person~ acted, executed the Instrument. WILLIAM M. NOLAN ' COMM. #2409732 z Notary Public • California ~ San Diego County ... Comm. Ex ires Ju 30, 2026 I certify under PENAL TY OF PERJURY under the laws of the State of Call.fon;iI1:1 that tile foregoing paragraph Is true and correct , WITNESS my hand and official seal. Place Notary Seal and/or-Stamp Above Signature of Notary Pub/le 15 ,--------------OPTIONAL 16 17 18 19 20 21 22 23 24 25 26 27 28 Comple.tlng this Information can deter alteratlon of the document or fraudulent reattachment of this form lo an unintended document Description .of Attached D.ocument Title or Type of Document: ________________________ _ Document Date: ___________________ Nllmberof Pages: ___ _ Slgner(s) Other Than Named .Above: _____________________ _ Cap.ac:lty(ln) Claimed b)'·Slgner(s) Signer's Name: __________ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ limited D General Signer's Name: __________ _ c Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ .General □ Individual □ Attorney In Fai:t □ Trustee □ Guardian or Conserv.ator □ Individual a Attqrney In Fact D Trustee a Guerdl!in or Conservator D Other: :--------------Signer Is Representing: ________ _ D Other: Signer Is Representing:' ________ _ 0 2019 Netlonal Notary Association 4 Q:ICED'Admln\8&AIPROJECTSICO 2019-0016; GR2021-0008-Sl Elizabeth Saton New Rectory\GRADING ANO EROSION CONTROL BOND.docREV. 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 A A notary public or other officer completing this certificate veriflesonlythe identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documenl State of California } County of 5£\,"t., /JI~ j'O On f,)ec..e,wjJer I '1, ')...0''2.-1--before me, Wi ~h' i<."-l M • }.) P ( '-k. 1 1,111 '-''/ PU-~{.'(_. Date ,v -. .ft "1' Here Insert Name and Title of the Officer personally appeared -J ~ 'f'~ e-t&t>l,\ Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the personls)-whose name(4ls/8'e-6ubscrlbed to the within Instrument and acknowledged to me that he/s~xecuted the same In hls/~lr authorized capaclty(IK). and that by hls/h~ slgnature{4on the Instrument the personf6l-, or the entity upon behalf of which the personl&j,-ected, executed the Instrument. WILLIAM II. NOLAN l COMM. #2409732 z Notary Public • California ~ San Diego County ... Comm. Ex ires Jul 30, 2026 Place Notary Seal and/or Stamp 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. SlgnatureCJia~~ Signature of Notary Public 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: ___ _ Slgner(s) Other Than Named Above: _______________________ _ CapacltY(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ C,2019 National Notary Association 4 Q:ICEO\Admin\B&AIPROJECTSICD 2019-0016: GR2021-0008· St. Elizabeth Seton New Rectory\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01/25/13 Exhibit "A" RECORDING REQUESTED BY, ) AND WHEN RECORDED, MAIL TO: ) Gordon Rees Scully Mansukhani, LLP ) Carol P. Schaner, Esq. ) 2211 Michelson Drive, Suite 400 ) Irvine, CA 92612 ) ) MAIL TAX STATEMENTS TO: ) Saint Elizabeth Seton Catholic Parish in ) Carlsbad, California RPSC ) 6628 Santa Isabel Street ) Carlsbad, CA 92009 ) DOC# 2019-0420373 1111111rn11111111111 m1 mm 1111111111 u11 mu 1~1111111~ 1111 Sep 24, 2019 01 :24 PM OFFICIAL RECORDS Erne1t J. Dronenburg, Jr., SAN DIE<JO COUNTY RECORDER FEES: $92.00 (S92 Atl<lna: S75.00) PCOR: YES PAGES: 2 Space Above this Line for Recorder's Use Tax Parcel Number: 215-330-01-00 GRANT DEED Documentary Transfer Tax is $ 0.00*(No consideration) □ computed on full value of property conveyed, or □ computed on full value less value of liens and encumbrances remaining at time of sale. □ Unincorporated area 0 City of Carlsbad R & T § 11923(a)(4): Conveyance-corporate reorganization *NOTE TO RECORDER-DO NOT RECORD UNLESS EXEMPT FROM DOCUMENTARY TRANSFER TAX. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, A CORPORATION SOLE ("Gran tor"), hereby GRANTS to SAINT ELIZABETH SETON CATHOLIC P ARJSH IN CARLSBAD, CALIFORNIA REAL PROPERTY SUPPORT CORPORATION ("Grantee"), all right title and interest in and to the real property located in the County of San Diego, State of California, commonly known as 6628 Santa Isabel Street, Carlsbad, California 92009, and more particularly described as follows: Lot 412 of La Costa Meadows Unit No. 2, according to Map thereof No. 6905 filed in the office of the San Diego County Recorder on April 21, 1971. 1 Exhibit "A" ~ IN WITNESS WHEREOF, the undersigned has executed this document this 'J.t/ day of A~"-$r ,2019. THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, A CORPORATION SOLE By:C\2W~ Most Rev. Robert W. McElroy Bishop of San Diego 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. STA TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On lr:'fJv.s't ;}-1 , 2019, before me, W; t l •'CUM. M · No C~otaryPublic, personally appeared Most Rev. Robert W. McElroy, who proved to me on the basis of satisfactory evidence to be the personW,.. whose nameEs}. is/~ubscribed to the within instrument and acknowledged to me that he/sae--executed the same in his&er/their authorized capacity~, and that by hislh4lflt:hlilit.signature~n the instrument the persoJ:ltSt, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public (Seal) RC0/1142096/465788SOv. I 2 WIU.IAM M. NOLAN COMM. #2248798 z Notary Public • Califomla ~ San Diego County .... My Comm. Expires Jul 30, 2022