HomeMy WebLinkAboutCDP 2022-0019; Hom, Robert & Elizabeth; 2023-0285588; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Car1sbad Village Dr.
Carlsbad, CA. 92008
DOC# 2023-0285588
11111111111111111111111111 111111111111111111111 IIIII IIIII IIIII IIII IIII
Oct 19, 2023 10:18 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: _2:c._:0_;;_8_;-1..:..80_;:_-=27;_-..;;..oo;;....._ ____ _
PROJECT ID: CDP 2022-0019 -,----=----'--__;_ ____ _ JSb PROJECT NAME: Hom Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 543-8A) 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) Robert Hom and
Elizabeth Hom, husband and wife as community property With Right with 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
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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,
,;s..\,t.. dayof S erfe..~----~<2,r
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By WQf
RON KEMP
Senior Assistant City Attorney
City of Carlsbad
the undersigned
,202..3 .
OWNER(S)
has executed this instrument this
Robert Hom and Elizabeth Hom, husband and wife as
::mmunity m Ri~ survivorship
Date:
By:
Date:
(sign here)
Robert Hom -Husband
(print name and title)
1/~s~::s l ,
(sign here)
Elizabeth Hom -Wife
(print name and title)
1/z5/7==3 I
(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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PARCEL 1:
EXHIBIT "A"
Legal Description
LOT 68 OF CARLSBAD TRACT N 97-16A, KELLY RANCH CORE ACCORDING TO MAP THEREOF
NO.14340, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON FEBRUARY
1, 2002;
PARCEL 2:
A NON-EXCLUSIVE EASEMENT ON AND OVER THE "COMMON AREA" AS DEFINED IN THE
DECLARATION (DEFINED BELOW) FOR USE, OCCUPANCY AND ENJOYMENT OF, AND INGRESS
AND EGRESS TO, THE AMENITIES LOCATED THEREON, SUBJECT TO THE TERMS AND
PROVISIONS OF THE DECLARATION, THIS EASEMENT IS' APPURTENANT TO PARCEL 1 ABOVE
DESCRIBED AND SHALL BECOME EFFECTIVE AS TO EACH LOT WITHIN THE COMMON AREA
UPON THE LATER TO OCCUR OF (I) THE RECORDATION OF THIS DEED, OR (II) THE
CONVEYANCE OF RECORD.
APN/Parcel IO(s): 208-1 80-27-00
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 . .. .. -.. . ..... nvn
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 $Ct,vt..-'-D '/4.j 0
On SQ.ft'~m~:'5, ,i?D.).3 before me. LU;~r~~tJJ:~ea¾~;:arf;e!ffi:: )~ ~
personally appeared __,F,.'---'-o"'---b=Ul--'-.J-C,.__-'-/-tD_wt.._--"a,nJl=--'------_,_,["-'-)_.__i _,,,,u),},J.==---<-./Jv=------'H_,_o--'-W\..---'-'--='-------
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed
to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
······••( LUPE ORTEGA f
Notary Public • California z
San Diego County ~
Commission# 2356541
y Comm. Expires Jun 1, 2025
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.
Signature ~~ {()~~(A_,
Signature of Notary b/ic
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Document L /) (J
Title or Type of Document: l} !!2 ld, HMm /.J... S ~ 4Jr ill'>\.lM..)[ fu..o / o~-/l'.M "t""a,i I u ,~
DocumentDate:~ /..., c/,9:0~3 ____ Numberof~ages:---"'3"----:~,
Slgner(s) Other Than Named Above:
Capaclty(les) Claimed by Slgn41r(s)
Signer's Name: Mb-£11 f /::f1).~W'.Y~~---Signer's Name: t.. / ,-wi,J__/Jv J--/o W)...,.,-
□ Corporate Officer -Tltle(s): □ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited □ General □ Partner -□ Limited □ General
airfndlvldual □ Attorney In Fact
□ Trustee □ Guardian or Conservator
□ Other:
Signer Is Representing: ________ _
B1ndlvldual □ Attorney In Fact J
□ Trustee □ Guardian or Conservator
□ Other: ____________ _
Signer Is Representing: ________ _
ie,2019 National Notary Association
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